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Z-99-08-12-9B6 - 8/12/1999x:\WPnocs \OPLINANC \09061 =66. NPO /cdc ORDINANCE NO. z• q- 08- 12-961.p AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.305(2), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO ZONE 139.833 ACRES OF LAND OUT OF THE ASA THOMAS SURVEY, ABSTRACT 609, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS PLANNED UNIT DEVELOPMENT (PUD) NO. 42. WHEREAS, an application has been made_to the City Council of the City of Round Rock, Texas to amend the Official Zoning Map to zone the property described in Exhibit "A" as Planned Unit Development (PUD) No. 42, said exhibit being attached hereto and incorporated herein, and WHEREAS, the City Council has submitted the requested change in the Official Zoning Map to the Planning and Zoning Commission for its recommendation and report, and WHEREAS, the Planning and Zoning Commission held a public hearing concerning the requested change on the 28th day of July, 1999, 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 PUD No.42, and WHEREAS, on the 12th day of August, 1999, after proper notification, the City Council held a public hearing on the requested amendment, and WHEREAS, the City Council determines that the zoning provided for herein promotes the health, safety, morals and protects and preserves the general welfare of the community, and WHEREAS, each and every requirement set forth in Chapter 211, Sub - Chapter A., Texas Local Government Code, and Section 11.300, Code of Ordinances (1995 Edition), City of Round Rock, Texas concerning public notices, hearings, and other procedural matters has been fully complied with, Now Therefore BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT: I. That the City Council has hereby determined the Planned Unit Development (PUD) No.42 meets the following goals and objectives: (1) The development in PUD No.42 is equal to or superior to development that would occur under the standard ordinance requirements. (2) P.U.D. No. 42 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) P.U.D. No. 42 does not have an undue aditerse 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. 2. thereof. (4) P.U.D. No. 42 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. 42 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 the zoning classification of the property described in Exhibit "A ", attached hereto and incorporated herein shall be, and is hereafter designated as Planned Unit Development (PUD) No. 42, and that the Mayor is hereby authorized and directed to enter into the Agreement and Development Plan for PUD No. 42 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 3. • 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 1999. Alternative 2. READ and APPROVED on first reading this the day of , 1999. READ, APPROVED and ADOPTED on second reading this the day of ATTEST: .t • IllyL Ak- QAA 1D, City Secretary �F++�taaii iat.7huE2,, Asst j:. <</r/_�1. /,- • . STL , JR. ayor City of Round Rock, Texas 4. EXHIBIT "A" [Property Description] 11. TRACT I 138.543 ACRES OF LAND DESCRIPTION FIELD NOTES FOR 138.543 ACRES OF LAND SITUATED IN TEE MEMUCAN HUNT SURVEY, ABSTRACT NO. 314 THE WM BARKER SURVEY, ABSTRACT NO. 107, WILLIAMSON COUNTY, TEXAS, AND THE WM. BARKER SURVEY, ABSTRACT NO. 109, TRAVIS COUNTY, TEXAS; BENG OUT OF TRACT ONE CALLED 141.27 ACRES CONVEYED BY BILLY WRAY GLENN et al, TO ROUND ROCK INDUSTRIAL PARK IN DEED FILED FOR RECORD FEBRUARY 29, 1984 IN VOLUME 980, PAGE 925, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID TRACT ONE CALLED 141.27 ACRES BEING A PORTION OF THIRD TRACT CALLED 44 ACRES CONVEYED BY BEDDA BLAD et al TO G. W. GLENN IN DEED FILED FOR RECORD DECEMBER 15, 1931 IN VOLUME 260, PAGE 368, DEED RECORDS OF W LUAMSO COUNTY, TEXAS AND A PORTION OF A CALLED 152.5 ACRE TRACT CONVEYED BY Bh1 th E. GLENN TO BILLY 'WRAY GLENN IN DEED FILED FOR RECORD SEPTEMBER 27, 1966 IN VOLUME 490, PAGE 534, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 138.543 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 3 4 inch iron rod found at the base of an 18 inch elm tree used for a Senn comer post, for the northeast comer of REMINGTON HEIGHTS, PHASE 1, SECTION A, according to the map or plat thereof recorded in Cabinet N, Slide 238 -240, Plat Records of Williamson County, Texas, aid an ell corner in the west line of the herein described tract, from which a 1/2 inch iron rod found at the base of said 18 inch elm tree, bears N 35 °50' W, a distance of 1.71 feet; THENCE, along the westerly line of said Tract One called 141.27 acres, and with the north line of said REMINGTON HEIGHTS, PHASE 1, SECTION A and the westerly line of the herein described tract, 3 87°39'50" W (called S 87°2030' W), a distance of 249.69 (249,00) feet to a 'Fi inch iron rod found for an ell corner in the west line of said Tract One called 141.27 acres, th southeast tamer of a called 0.92 acre tract conveyed by Milburn Investments, Inc. to Round Rack Industrial Park in deed filed for record Jemmy 2, 1996 in Document No. 9600209 Off cial Records of Williamson County, Terms, from which a 'fi inch iron rod found for the southwest corner of said 0.92 acre tract and the southeast corner of the remainder of Tract Two called 1.64 acres conveyed by Billy Wray Glean et al, to Round Rock Industrial Park in said deed filed for record February 29, 1984 in Volume 980, Page 925, Official Records of Williamson County, Texas, bears, S 86 °50'59" W, a distance of 5125 feet; THENCE, with the west line of said Tract One called 141.27 acres, the east line of said 0.92 acre tract and west line of the herein desert/red tract, N 14°09'55" W (called N 14°09' W), a distance of 808.85 (called 808.67) feet to a 1/2 inch iron rod set in the existing south right of way line of Louis CAI - 239-0210.02 Page 1 of 6 CAI - 239 - 0210.02 Page 2 of 6 Henna Boulevard (formerly known as County Road No. 170) (right of way width varies), for the northwest corner of said Tract One caned 141.27 acres, the northeast of said 0.92 acre tract and the northwest coma of the herein described tract, from which a 'r4 inch iron rod found far the northeast comer of the remainder of said Tract Two called 1.64 acres and the northwest corner of said called 0.92 acre tract, bears S 774420" W, a distance of 50.17 fit THENCE, with the existing south right ofway Tune of Louis Heim Boulevard (formerly known as County Road No. 170) (right of way width varies), the north line of said Tract One called 141.27 acres and the north line of the herein described tract, N 72°2752" E (called N 72°27'30" E), a distance of 262.72 feet to a 1/2 inch iron rod found at the beginning of a non -tam curve to the right for the west corner of a called 1.616 acre tract, conveyed by Round Rock Industrial Park to Williamson County, Texas in Correction Damon of Right of Way filed for record March 11, 1988 in Vol= 1639, Page 420, Official Records of Williamson County, Texas, for an angle corner in the north line of the herein described track THENCE, over and across said Tract One caned 141.27 acres, with the common line of said Lonis Henna Boulevard (formerly )mown as County Road No. 170) (right of way width varies), said called 1.616 acre tract and the herein described tract the following four (4) courses and 1) with said non - tangent curve to the right having a central angle of 02 °27'48 ", a radhis of 3260.57 feet, an arc length of 140.19 feet, and a chord bearing and distance of N 81 °19'03" E, 140.18 feet to a 'A inch iron rod found at the end of said curve; 2) N 82°25'39" E, a distance of 390.65 feet to a 'h inch iron rod found at the begiurung of a curve to the left; 3) with said curve to the left having acentral angle of 10°42'47", a radius of 2182.60 feet, an arc length of 408.10 feet, and a chord bearing and distance of N 77° 1025" E, 40750 feet to a %a inch iron rod Sound for at the end of said curve, from which a 'h inch iron rod found, bears N 8291' E, a distance of 0.13 fret; 4) N 71°22'15" E, a distance of 11.16 feet to a' /s inch iron rod found in the existing southwest right of way line of County Road No. 170 (right of way width varies), the northeast line of said Tract One caned 141.27 acres, for the southeast comer of said called L616 acre tract and the north corner of the herein described tract, from which a'' /a inch iron rod found, bears S 5750' E, a distance of 0.26 feet THENCE, with the egg southwest right of way line of said County Road No. 170 (right of way width varies), the northeast line of said Tract One called 141.27 acres and the northeast line of the herein described tract the following three (3) courses and distances; I) S 51 °43'28" E (called S 51 °4330" E), a distance of 618.37 feet to a' 'A inch iron rod found for an angle corner, 2) S 51 °5732" E (called S 51 °5630" E), a distance of 174.59 (called 174.86) feat to a'A inch iron rod found for an angle corner, 3) S 51 °49'18" E (called S 51 °50' E), passing a' 14 inch iron rod found at a distance MARIA of 176.23 and cog fora total &stance of261.55 (called 261.69) feat to a iron and found for the northwest comer of a called 5.04 acre tract of land conveyed by Billy Wray Glen to Tommy Dale Arnold in deed filed for record in Vole 686, Page 241, Deed Records of Williamson Couray, Texas, for the northeast comer of said Tract One called 14127 acres and the northeast coaster of the herein described tract, from which a concrete monument found in the existing southwest tight of way line of said Cotmty Road No. 170 (right of way width varies), for the northeast corner of said called 152.5 acre treat, and the approximate northwest of a called 1.52 acre tract conveyed by Fritz Ganzert to Adolf Priem in deed filed for record in Volume 2058, Page 239, Deed Records of Travis County, Texas, bears, S 51 °43'33" E, a distance of 1135.93 feet.; THENCE, continuing with the northeast lane of said Tract One called 14127 acres, the northeast line of the herein described tract and the westerly line of said called 5.04 acre tract, the following two (2) courses and minces; 1) S 30°05'30" W (called S 30°03' W), a distance of 438.96 (called 439.00) feet to a inch iron rod found ben and replaced for the southwest comer of said called 5.04 acre tract; 2) S 59°54'30" E (called S 59 °57' E), passing a point in the westerly Tore of a 50 foot wide access mad easement (known as Glenn Drive), as described in the following instruments fled for record in; Volume 681, Page 797, Volume 715, Page 929, Volume 686, Page 241, Volume 763, Page 777, Volume 787, Page 776, Volume 912, Page 135, Volume 917, Page 701 and Volume 917, Page 708, Deed Records of Williamson County, Texas at a distance of 524.66 fret and continuing for a total distance of 549.66 (caged 549.84) feet to '/, loch iron rod found beat and replaced in the centerline of said 50 foot wide access road easement (known as Glean Drive), in the westerly line of a called 5.15 acre tract conveyed to L. C. Schwartz, in deed filed for record in Volume 659, Page 405, Deed Records of Win County, Texas, for an ell comer in the northeast line of said Tract One called 141.27 acres, an ell comer in the northeast line the herein described pact and for the southeast corner of said called 5.04 acre tract; THENCE, contintming with the northeast line of said Tract One called 14127 acres, the northeast line of the herein described tract, the centerline of said 50 foot wide access road easement (known as Glean Drive), and the northwest line of said 5.15 acre tract, 5 30°02'46" W (called S 30°11' W), a distance of 109.36 (called 109.47) fret to 'h inch iron rod found, for an ell comer in the northeast line of said Tract One called 141.27 acres, an ell corner in the northeast line of the herein described tract and the southwest comer of said called 5.15 arse tract; THENCE, continuing with the northeast line of said Tract One called 141.27 acres, the northeast am of the herein described tract, and the South line of said called 5.15 acre tract, S 59 °52'46" E (called S 59°54'30" E), passing '/, inch iron rod found in the easterly line of said 50 foot wide access road easement (known as Glenn Drive) at a distance of 25.01 feet, from said V. inch iron rod a h inch iron rod found, bears, S 04 °0l' W, a distance of 0.55 Beet and continuing fora total distance of 574.66 (called 574.91) feet to a su inch iron rod found in the east line of said called 152.5 acre tract, in the west line of said railed 1.52 acre, for the east corner of said Tract One CAI - 239 - 0210.02 Page 3 of 6 ,■m called 141.27 acres, hr the east comer of the herein described tract and for the southeast corner of said called 5.15 acre tract, from which said concrete monument found far the northeast cotter of said called 152.5 acre tract, bears, N 30°11'39" E, a &stance of236.92 fleet and N 29°54'56" E, a distance of 150.02 feet; THENCE, with the easterly litre of said Tract One called 141.27 acmes, the easterly line of said called 152.5 acre tract, the westerly line of said called 1.52 acre tract and the easterly line of the herein described tract, S 30°0021" W ( called S 30°02' W), a distance of 386.14 (called 386.20) feet to a sr itch iron rod found for the northeast corner of a called 5.11 acre tract conveyed by Billy Wray Glenn to James Burrows in deed Ski for record km 15, 1978 in Vohnae 715, Page 929, Deed Records of Williamson County, Texas, for an ell corn= in the easterly line of said Tract One called 141.27 acres and for an ell comer in the easterly line the heroin described tract; T1iENCE, continuing with the easterly the of said Tract One called 141.27 acres, the easterly lime of the herein described tract and the northerly, westerly and southerly line of said called 5.11 acre tract, the following three courses and distances; 1) N 59°58'53" W (called N 60°00' W), passing a point in the easterly line of said 50 foot wide access road easement (known as Glean Drive) at a distance of 549.93 feet, and continuing for a total distance of 574.93 (called 574.91) feet to a 44 inch iron rod found bent and replaced in the centerfine of said 50 foot wide access road easement (known as Glean Drive) for the northwest comer of said called 5.11 acre tract and for anal comer, 2) with the centerline of said 50 foot wide access road easement (known as Glean Drive), 5 30°02'46" W (called S 30°02'30" W), a distance of 386.77 (called 386.84) fret to a inch iron rod found for the southwest corner said called 5.11 acre tract and for an ell comer, 3) S 59 °5749" E (called S 59 °59' E), passing a point in the westerly line of said 50 foot wide access road easement (}mown as Glean Drive) at a distance of 25.00 feet, and continuing for a total distance of 575.00 (called 574.91) feet, a si inch son rod found in the east line of said called 152.5 acre tract, in the west line of a said called 1 acre, for the southeast corner of said called 5.11 acre tract and for an ell corner of said Tract One called 141.27 acres and an ell corner of the herein deSCri tract ; THENCE, coat:buritg with the easterly line of said Tract One called 14127 acres, the easterly line of said called 152.5 acre tract, the westerly lire of said called 1.52 acre tract and the easterly line of the herein described tract, 5 29°58'43" W (called S 29°58' W), a distance of 116057 (called 1160.54) fleet to a l/s inch iron rod found for the northeast corner of a called 5.35 acre tract conveyed by Glenn Drive Ventures to Matt A, Lasater et ux in deed filed for record September 1, 1995 in Document No. 9538506, Official Records of Williamson County, Texas, for the south corner of said Tract One called 14127 acres and the south corner of the herein described tract; THENCE, with the southwest San of said Tract One called 14127 acres, the northerly line of said called 5.35 acre tract, the northerly line of a tailed 5.19 acre tract conveyed by T. J. Davidson to Iraj Eric Shahavndi et wt, in deed filed for record May 19, 1993 in Volume 2304, Page 345, Official Records of Williamson County, Texas, N 59 °56'14" W (called N.59 °5700" W), passing a CAI- 239-0210.02 Page 4 of 6 Tlinet Ulm 14 inch iron rod found in the easterly line of said 50 foot wide access road easement (known as Glenn Drive) at a distance 551.37 fat, passing a paint in the cmtetlime of said 50 foot wide mad easement, Air the northwest corner of said trued 535 acre tract and the northeast corner of said railed 5.19 acre tract at a distance 57637 feet, and continuing with the centerline of said 50 foot wide road easement for a total distance of 1126.60 (called 112651) feet to a 3' inch iron rod found for the northwest corner of said called 5.19 acre tract, for an ell corner itr the southwest hme of said Tract One called 141.27 acres and for an ell comer in the southwest line of the herein described once; THENCE, continuing with the southwest fine of said Tract One called 14127 acres, the west Tme of said called 5.19 acre tract and the southwest line of the herein deserted tract and crossing said 50 foot wide road easement, S 30°02'21" W (called S 30°01' W), passing the southwest Line of said 50 foot wide road easement at a distance of 25.0 feet and continuing for a total distance of 410.40 (stied 410.46) feet to a' '4 inch iron rod found in the southerly fine of said called 152.5 acre tract, in the northerly Tine of Tract 2 filed 41.702 acres, conveyed by Texas Commercial Bank - Austin National Association to F- Victoria L P. in deed it'led for record September 2, I992 in Voltnne 2186, Page 208, Official Records of Williamson County, Texas, for an ell comer in the southwest fine of said Tract One called 141.27 acres, for an ell corset in the southwest line of the herein described tract and the southwest corner of said called 5.19 acre tract and; THENCE, continuing with the southwesterly Tine of said called 152.5 acre tract, the sourhvvly line of said Tract One called 141.27 acres, the northerly line of said Tract 2 called 41.702 acres and the southwesterly line of the herein described tract the following two (2) courses and distances, 1) N 60°28'05" W (called N 60°22'30" W), a distance of 125.63 feet to a '4 inch iron rod found for an angle comer, 2) N 59°47'00" W (bearing basis), passing a h inch iron rod found at a distaste of 29135 feet, passing a 14 inch iron rod found at a &tame of 1001.05 feet, and cow fora total distance of 1046.17 (called 1046.10) feet to a 'h inch inn rod set is the easterly line of Breaux Lane (50' right of way width), as dedicated by REMINGTON HEIGHTS PHASE 2, SECTION B, according to the map or plat thereof recorded in Cabinet 0, Slide 392 -393, Plat Records of Williamson County, Texas, for the southwest comer of said Tract One called 14127 acres, for the southwest corner of the herein described tract and for the northwest corner of said Tract 2 called 41.702 acres, from which a'' r4 inch iron rod found for the southeast corner of said REMINGTON HEIGHTS PHASE 2, SECTION B and the northwest corner of the remainder of Tract 12 called 68394 acres conveyed by Resolution Trust Corporation to Mlcbael W. Ayer in deed filed for record March 18, 1993 in Volume 2271, Page 354. Official Records of Williamson County, Texas and fired for record February 8, 1993 in Volume 11868, Page 121, Real Property Records of Travis County, Texas, bears, S 30°13'50" W, a distance of 168.44 feet; THENCE, with the easterly line of said REMINGTON FIGHTS PHASE 2, SECTION B, the easterly fine of REMINGTON HEIGHTS PHASE 1, SECTION B, according to the map or plat thereof recorded in Cabinet 0, Slide 18 -20, Plat Records of , Williamson County, Texas, the CAI- 239-0210.02 Page 5 of 6 easterly line of said REMINGTON HEIGHTS FH ASE 1, SECTION A, and the westerly line of the herein described tract and along the west line of said Tract One called 141.27 aces and the west line of said called I52.5 acre tract, N 30°06'04" E (called N30 °02•00" E), passing a ''A inch iron rod found at the northeast corner of said Breaux Lane (50' right of way width) and the southeast corner ofLot 31, Block B of said REMINGTON HEIGHTS PHASE 2, SECTION B, at a distance of 12.36 feet, passing a 54 inch iron rod found for the northeast comer of said REMINGTON HEIGHTS PHASE 2, SECTION B and the southeast corner of said REMINGTON HEIGHTS PHASE 1, SECTION B at a distance of 624.06 feet, passing a fs inch iron rood found for the northeast corner of said REMINGTON $EIGHTS PHASE 1, SECTION B and the southeast coma of said REMINGTON HEIGHTS PHASE 1, SECTION A at a distance of 1024.06 feet, and continuing for a total distance of 1789.25 (called 1789.74) feet to the POINT OF BEGINNING, containing 138.543 acres of iend, more or less, within these metes and bounds Reference is herein made to map or plat of this 138.543 acre tract accompanying this field note description. Bearing Reference The southwest fine of Tract One called 141.27 aces conveyed by Billy Wray Glenn et al, to Round Rock Industrial Park in deed Sled for record February 29, 1984 in Volume 980, rage 925, Official Records of Williamson County, Texas. (N 59"47'00'W) 1 hereby certify that this description was prepared from the results of a survey made on the ground under my supervision. CAI -239- 0210.02 Page 6 of 6 :- ....II �•... +.� ..��v .. x. TRACT II 0363 ACRES OF LAND DESCRMPTi=N FIELD NOTES FOR 0363 ACRES OF LAND SITUATED IN THE MEMUCAN HUNT SURVEY, ABSTRACT NO. 314, WILLIAMSON COUNTY, TEXAS, BEING OUT OF TRACT TWO CALLED 164 ACRES CONVEYED BY BILLY WRAY GLENN et al, TO ROUND ROCK INDUSTRIAL PARR IN DEED FILED FOR RECORD FEBRUARY 29, 1984 IN VOLUME 980, PAGE 925, OFFICIAL. RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID L64 ACRE TRACT BEING A PORTION OF THIRD TRACT CALLED 44 ACRES CONVEYED BY HEDDA BLAD et al TO G. W. GLENN IN DEED FILED FOR RECORD DECEMBER 15, 1931 IN VOLUME 260, PAGE 368, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 0.363 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BYMETES AND BOUNDS AS FOLLOWS: BEGINNING at point in the edsdng easterly right of way line of Jazz Street (70' right of way width), as dedicated by REMINGTON HEIt;;3TS, PHASE 1, SECTION A, acconling to the map or plat thereof recorded in Cabinet N, Slide 238- 240, Plat Records of Williamson County, Texas, in the south line of said Tract Two called 1.64 acres, for the southeast comer of a called 1.27 acre tract conveyed by Round Rock Industrial Park to Milburn Investments, Inc., in deed filed for record January 2, 1996 in Document No. 9600204, Official Records of Williamson County, Teas, for the northwest coma of Lot 1, Block A of said REMINGTON HEIGHTS, PHASE 1, SECTION A, and for tine southwest comer of the herein described tract, from which a '4 inch iron rad set, bears, S 36°53' E, a distance of 0.27 feet and from which a % inch iron rad fiotmd in the existing westerly right of way line of said Jazz Street (70' right of way width) and for the northeast comer of Lot 30, Block G, of said REMINGTON HEIGHTS, PHASE 1, SECTION A, bears, S 87°15'42' W, a distance of 71.72 feet; THENCE, over and across said Tract Two called 1.64 acres, with the existing easterly right of way line of Jazz Street (70' right of way width), the easterly line of said called 1.27 acre tract and the westerly line of the herein' described tract, N 14° 09'13" W, a distance of 797.30 feet to a 'k inch iron rod set in the existing south right of way line of Louis Henna Boulevard (formerly known as County Road No. 170) (right of way width varies), for the northeast coaxer of said Jazz Street (70' right of way width), for the northeast corner of said called 117 ace tract and for the northwest comer of the herein described tract; THENCE, with the existing south right of way line of said Louis Hens Boulevard (formerly known as County Road No. 170) (right of way width varies), the north line of said Tract Two called 1.64 acres and the north Inc of the herein described tract, N 77°51'59" E (called N 77°55' E), a distance of 19.82 feet to a''A inch iron rod found for the northeast corner of said Tract Two called 1.64 acres, the northwest corner of said called 0.92 acre tract and the northeast corner of the herein described tract, from which a 'h inch iron rod set for the northwest comer of CAI - 239 - 0210.02 Page 1 oft TLICTLY Tract One called 141.27 acres coMrteed by Billy Wray Glenn et al, to Round Roeir Industrial Park in deed filed for record February 29, 1984 in Volume 980, Page 925, Official Records of Williamson County, Texas and the northeast comer of said called 0.92 acre tract, bears, N 77°44'20" E, a &Nance of 50.17 fee THENCE, with the east fine of said Tract Two called 1.64 acres, the west line of said called 0.92 acre tract and the east line of the herein described tract, S 14 °09'13" E (called S 14°09' E), a distance of 800,73 (called 800.70) feet to a 54 inch hon rod found in the north Tune of said Lot 1, Block A, REMINGTON HEIGHTS, PHASE 1, SECTION A, for the southeast comer of said Tract Two called 1.64 acres, the southwest corner of said called 0.92 acne tract and the southeast corner of the herein deserted tract, from which a 'A inch iron rod found for an ell comer of said Tract One called 141.27 acres and the southeast corner of said called 0.92 acre tract, bears N 86°50'59" W, a distance of 5I.25 feet; THENCE, with the north True of said Lot 1, Block A, RE 4INGTON HEIGHTS, PHASE 1, SECTION A, the south Tine of said Tract Two called 1.64 acres and the south Tine of the herein desk tract, S 87°36'54" W (called S 87°22" W), a distance of 20.23 feet to the POINT OF BEGINNING, containing 0.363 acres of land, more or less, within these metes and bounds Reference is herein made to map or plat of this 0.363 acre tract ayiug this field note description. Bearing Reference: The westerly line of Tract One called 141.27 acres conveyed by Bally Wray Glenn et al, to Round Rock Industrial Park in deed filed for record February 29, 1984 in Volume 980, Page 925, Official Records of Williamson County, Texas. I hereby certify that this description was prepared from the results of a survey made on the ground under my supervision. GHAM-ALLEN INC. y /i ��•' — Arrft, Registered Land Surveyor No. 4437 Date' CAI - 239 - 0210.02 Page 2 of 2 SILACr .l.Cr�1J - 1J7J 11 • lNly „,,Jrfl' ,1L.LC.4 TRACT U DESCRIPTION olc _3r c7 f_: Y.i17/11 0.928 ACRES OF LAND FIELD NOTES FOR. 0.928 ACRES OF LAND SITUATED IN THE MEMUCAN HUNT SURVEY, ABSTRACT NO. 314, WILLIAMSON COUNTY, TEXAS, BEING ALL OF A CALLED 0.92 ACRE TRACT CONVEYED BY MILBURN INVESTMENTS, INC. TO ROUND ROCK INDUSTRIAL PARK IN DEED FILED FOR RECORD JANUARY 2, 1996 IN DOCUMENT NO. 9600209, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 0.92 ACRES BEING A PORTION OF A CALLED 40.464 ACRE TRACT OF LAND CONVEYED BY MICHAEL W_ AYER. TO MILBURN INVESTMENTS, INC., IN DEED FILEED IN DOCUMENT NO. 9546338, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 40.464 ACRES BEING A PORTION OF TRACT 12 CALLED 68.794 ACRES CONVEYED BY RESOLUTION TRUST CORPORATION TO MICHAEL W. AYER. IN DEED FILED FOR RECORD MARCH 18, 1993 IN VOLUME 2271, PAGE 354, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS AND FILED FOR RECORD FEBRUARY 8, 1993 IN VOLUME 11868, PAGE 121, REAL PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS; SAID 0.928 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a '/ inch iron rod found in the north fine of Lot 2, Block A, REMINGTON HEIGHTS, PHASE 1, SECTION A, according to the map or plat thereof recorded in Cabinet N, Sale 238- 240, Plat Records of Williamson County, Tome, for an ell corner of Tract One called 14127 acres, conveyed by Billy Wray Glenn et al to Round Rock Industrial Park in deed filed for record February 29, 1984 in Volume 980, Page 925, Official Records of Vi i�fiiamson County, Texts, for the southeast corner of said called 0.92 acre tract and the southeast corner of the herein described tract, from which a'/. inch iron rod found at the base of an 18 inch tree used for a fence comer post, for the northeast canner of said REMINGTON HEIGHTS, PRASE 1, SECTION A and for an ell corner in the west fine of said Tract One called 141.27 acres, bears, N87'39'50” E, a distance of 249.69 feed THENCE, with the north line of said Lot 2, Block A, the mirth line of Lot 1, Block A of said REMINGTON HEIGHTS, PHASE 1, SECTION A, S 86 °50'59° W (called S 86 9 48'04' W), a distance of 5I.25 (Called 51.24) feet a '4 inch iron rod found for the southeast corner of the remainder of Tract Two called 1.64 acres, conveyed by Btliy Wray Giem et al to Round Rock Industrial Park in deed filed for record February 29, 1984 in Volume 980, Page 925, Official Records of Williamson County, Texas, for the southwest corner of said called 0.92 acre tract and the southwest corner of the herein described tract, from which a ''A inch iron rod found in the south fine of said Tract Two called 1.64 aces, in the existing easterly right of way fine of Jan Street (70' right of way width), as dedicated by said REMINGTON HEIGHTS, PHASE 1, SECTION A, for the northwest comer of said Lot 1, Block A and the southeast career of a called CAI- 239 - 0210.02 Page 1 of 2 z..cr - 1, - 1. nr 11 • `1.) I.Ul.11111LXC9 1"TIW=1 11w. called 1.27 acre tract conveyed by Round Rock Industrial Park to burn Invesm ts, Inc., in deed filed for record. Tannery 2, 1996 in Documart No. 9600204, Official Records of Wi>ramson County, Texas, bears 8 87°36'54" R , a distance of 20.23 feet; THENCE, with the east line ofsaid Tract. Two called L64 acres, the west tae of said called 0.92 acre pact and the we Lae of the herein described tract, N 14°09'l3" W (called N 14 °12'08" • W), a distmce of 800.73 (called 800.61) feet to a Y4 inch iron rod found in the edging south right of way line of Louis Henna Boulevard (formerly Imo= as County Road No. 170) (right of way width varies), for the Mast caner of said Tract Two caned 1.64 acres, the northwest corner of said called 0.92 acre tact and the northwest corner of the herein described tract, from which a 'A inch iron rod set for the northeast corner of arid Ina Stress (70' right of way width), for the north corner of said called 1.27 acre tract, bears, S 77°51'59" W, a distance of 19.82 feet THENCE, with the existing south right of way line of said Louis Henna Boulevard (formerly known as County Road No. 170) (right of way width varies), the north line of said called 0.92 acre tract and the north line of the herein described tract, N 77 °44'20" E (called N 7741'25° E), a distance of 50.17 (called 50.16) feet a 54 inch iron rod set for the northeast corner of said caned 0.92 acre tract, far the northwest coma of said Tract One caned 141.27 acres and for the northeast corner of the hereby described tract, from which a 54 inch iron rod found at the west corner of a called 1.616 acre tract, conveyed by Round Rock Indust ial Park to ' County, Texas in a Correction Dedication of Right of Way filed for record March 11, 1988 in Volume 1639, Page 420, O8ical Records of Williamson County, Tee, bears, N 72°2752' E, a disc tance of 262.72 fire THENCE, with the west inc of said Tract One called 141.27 acres, the east line of said 0.92 acre tract and east Ent of the herein desonbed tract, S 14°09'55° E (called S 14°09'00" E), a distance of 808.85 (called 808.67) fiat to the POINT OF BEGINNING, cornicing 0.928 acres of land, more or less, within these metes and bounds Reference is herein made to map or plat of this 0.928 acre tract accompanying this held note description. Bearing Reference: The southwest line of Tract One called 14127 acre conveyed by Bray Wray Glean et al, to Round Rock Industrial Park in deed Sled for record February 29, 1984 in Volume 980, Page 925, Official Records of Wt'liamson County, Teas. (N 59°4700"W) I hereby certify that this description was prepared from the results of a survey made on the ground under my supervision. CAI - 239 -02 t0.02 Page 2 of 2 TOTAL P.11 THE STATE 01? TEXAS § § COUNTY 01? WILLIAMSON § c+runswnurn.nm."t EXHIBIT "B" AGREEMENT AND DEVELOPMENT PLAN WARNER RANCH PLANNED UNIT DEVELOPMENT NO. 42 THIS AGREEMENT AND DEVELOPMENT PLAN (this "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 LODGE AT WARNER RANCH, L.P., a Delaware limited partnership (the "Lodge Partnership ") and VILLAGES AT WARNER RANCH PUD, LP, a Delaware limited partnership, (the "Villages Partnership") its successors and assigns, having their offices at 5847 San Felipe, Suite 3600, Houston, Texas 77057 (hereafter collectively referred to as the "Owner"). For purposes of this Agreement, the term Owner shall mean the Lodge Partnership and the Villages Partnership, their respective successors and assigns; provided, however, upon sale, transfer or conveyance of portions of the hereinafter described property, the duties and obligations of the Owner, as it relates to the respective property, shall be assumed by the new owner, and this Owner shall have no further liability relating to their respective property. WHEREAS, the Village Partnership is the owner of certain real property consisting of 120 .643 acres, as more particularly described in Exhibit "A-1", attached hereto and made a part hereof (the "Village Tract ") and the Lodge Partnership is the owner of certain real property consisting of 19.191 acres, as more particularly described on Exhibit "A -2 ", attached hereto and made a part hereof (the "Lodge Tract " "). WHEREAS, The Owner has submitted a request to the City to rezone the Village Tract and the Lodge Tract (collectively, the "Property ") as a Planned Unit Development (the "PUD"). WHEREAS, pursuant to Chapter 11, Section 11.316(8), Code of Ordinances (1995 Edition), City of Round Rock, Texas, the Owner has submitted a Development Plan setting forth, the development conditions and requirements within the PUD, which Development Plan is contained in Section II of this Agreement; and WHEREAS, the City has held two public hearings required by law to solicit input from all interested citizens and affected parties; and WHEREAS, on July 28, 1999, the City's Planning and Zoning Commission recommended approval of the Owner's application for a PUD; and WHEREAS, the City Council has reviewed the proposed Development Plan and determined that it promotes the health, safety, and general welfare of the citi ens of Round Rock and that it complies with the intent of the Planned Unit Development Ordinance of the City; 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: L GENERAL PROVISIONS 1. CONKOI(MITY WITH DEVELOPMRNT PLAN That all uses and development within the Property shall conform to the Development Plan included in Section II herein. 2. CHANGES AND MODIFICATIONS No changes or modifications will be made to this Agreement or the Development Plan unless all provisions pertaining to changes or modifications as stated in Section 11.14 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, (1995 Edition), City of Round Rock, Texas, as amended. 4. LiE.NHOL.DER CONSENT That the lienholder of record has consented to this Agreement and Development Plan, including any and all dedications to the public. 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 selling the Property or portions of the Property, together with all development rights and obligations contained in this Agreement and Development Plan, and no consent shall 2. be required in connection with such sale provided the purchaser assumes Owner's obligations as to such property. 5.2 klessamaraintingUalinniAllikall 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. (remainder of page intentionally left blank) 3. 53 In case one or more provisions contained herein are deemed invalid, illegal or unenforceable in any respect such invalidity, illegality or uaenforccabitity shall not afhct 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. 5.4 Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes any prior or contemporaneous oral or written understandings or representations of the parties respecting the subject matter hereof. 5.5 Applicable Law. This Agreement shall be construed under and in accordance with the laws of the State of Texas. 5.6 Venue. All obligations of the parties created hereunder are performable in Williamson County, Texas and venue for any action arising hereunder shall be in Williamson County. 5.7 No Third Party Benefciariee. 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. 5.8 Duplicate Originals. This Agreement may be executed in duplicate original, each of equal dignity. 5.9 &film 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 Villages at Warner Ranch PT../D, LP 5847 San Felipe, Suite 3600 Houston, Texas 77057 Attn: Kathy Binford, Vice President 4. City of Round Rock, Texas 221 East Main Street Round Rock, Texas 78664 Attn: Director of Planning 5.10 Effective Date. This Agreement shall be effective from and after the date of due execution hereof by. all parries. 5.11 Appealof Administrative Decision. Administrative decisions provided for in this Agreement may be appealed to the City Council in writing within 90 days following receipt by the Owner of the written confirmation of the decision. 5.12 Bindine Effect. This Agreement and the Development Plan binds and benefits the Owner and its successors and assigns. 5.13 Sunset Provision In the event that this Planned Unit Development is not recorded within four years from the date the Planned Unit Development is approved by the City Council, then the Planned Unit Development shall be automatically voided, and the property described herein shall be zoned Single Family - Residential (SF -1). DEVELOPMENT PLAN 1. DEFINITIONS Words and terms used herein shall have their usual force and meaning, or as defined in the Code of Ordinances (1995 Edition) as amended, City of Round Rock, Texas, hereinafter referred to as "the Code ". 2. pROPERTY This Development Plan (hereinafter referred to as "Plan ") covers approximately 139 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 purpose of this Plan is to insure a 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 upbn adjacent property, the 5. 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 (1RDINANCFS 4.1 Zoning and Subdivision Ordinances The Property shall be regulated for purposes of zoning and subdivision by this Plan. All aspects not specifically covered by this Plan shall be regulated by applicable sections of the Code. 4,2 Other Ordinancest All other Ordinances within the Code shall apply to the Property, except as clearly modified by this Plan. 5. PERMITTED USES The Property shall be used and developed for the uses shown in Exhibits "C" and "D ", attached hereto and incorporated herein. 6. DFVELOPMRNTSTANDARDS The Property shall be developed in accordance with the Development Standards set forth in Exhibit "D ", attached hereto and incorporated herein 7. 4IC:N:i The Owner shall construct an architectural identification feature at the intersection of Louis Henna Boulevard and the Collector Road as shown on Exhibit "E" (Said Collector Road hereinafter referred to as "Warner Ranch Road "). The feature shall be similar to the design set forth in Exhi bit "E", attached hereto. This feature may contain signage with a maximum of 100 square feet in total size for all signage for the purpose of project and area identification. Additional monument signs shall be permitted at other entrances to the development, as specified in Exhibit "D ". ]Notification Sigpe Within ninety (90) days after the recording of the PUD, signs no less than thirty -two (32) square feet in area, shall be located within Parcels 1, 2 and 3, within fifty (50) feet of Warier Ranch Road, notifying the public of the proposed multi - family development. 6. 8. Birrr,DT S • Building size, dimension, height and setbacks for all parcels shall be as modified in Exhibit "D", attached hereto, as applicable to each parcel and its designated use. 9. J.ANDSC:APING AND BUFFERING Landscaping and buffering shall be as modified in Exhibit "D ", attached hereto, as applicable to each parcel and its designated use. 10. UNDERGR %JNtl i1TtT,Try 4RRVFC5 Except where approved in writing by the Director of Public Works, all electrical, telephone and cablevision distribution and service lines, other than overhead lines, which are, three phase or larger, shall be placed underground. 11. 1 : LIa! N. _ • e 5 J_ , ter 5 :_t 11.1 Parcel 7, identified on Exhibit "C', shall be permitted one driveway access to Louis Henna Boulevard. This access shall be located at least two hundred feat (200') from the edge of the right of way of Warner Ranch Road. 11.2 Parcel 6, identified on Exhibit "C ", shall be permitted two driveways to access Louis Henna Boulevard. The most westerly access drive shall be located at least two hundred feet ( 200') from the edge of right of way of Warmer Ranch Road. The second driveway shall be located at least two hundred feet (200') east of the first driveway. 11.3 Parcel 6, identified on Exhibit "C ", shall be permitted two driveways to access County Road 170. The most northerly access drive shall be located at least three hundred fifty feet (350') south of the current Louis Henna Boulevard right of way. The second access drive shall be located at least two hundred feet (200') from the first access drive. 11.4 Parcel 6, identified on Exhi bit "C ", shall be permitted two driveways to access Warner Ranch Road. The most northerly access drive shall be located at least three hundred fifty feet (350') from the edge of the existing Louis Henna Boulevard right -of -way. The second driveway shall be located two hundred feet (200') south of the first driveway. 11.5 Parcel 7, identified on Exhibit "C ", shall be permitted two driveways to access Warner Ranch Road. The most northerly access drive shall be located three hundred fifty feet (350') from the edge of the existing Louis Henna Boulevard right -of -way. The second access drive shall be located two hundred feet (200') south of the first driveway. 11.6 Parcel 7, identified on Exhibit "C ", shall be permitted one driveway onto Jazz Street. This driveway shall be located three hundred fifty feet (350') from the edge of the 7. existing Louis Henna Boulevard right-of-way. Trucks larger than one ton shall be prohibited from using this driveway. 12. BTORMWATER DETENTION AND DRAINAGE, 12.1 Regional Detention 12.1.1 Commercial / Industrial Development Parcels: The Owner shall pay to the City $1, 600.00 per acre, to participate in regional detention, for Parcels 4, 5, 6 and 7, as shown on Exhibit "C" attached hereto. The payment of these regional detention fees shall be in place of providing on- site detention facilities and shall represent full payment of all detention fees assessable to Parcels 4, 5, 6 and 7. The Regional Detention Fees shall be paid for each development parcel with the application for building permit for each development parcel. 12.1.2 Multifamily Residential Development Parcels: The Owner shall pay to the City $1200.00 per acre, to participate in regional detention, for Parcels 1, 2 and 3 , as shown on Exhibit "C" attached hereto. The payment of these regional detention fees shall be in place of providing an -site detention facilities and shall represent full payment of all detention fees assessable to Parcels 1, 2 and 3. The Regional Detention Fees shall be paid for each development parcel with the application for building permit for each development parcel. 12.1.3 Single - Family Development Parcels: The Owner shall pay to the City $800.00 per acre, to participate in regional detention, for Parcel 9, as shown on Exhibit "C" attached hereto. The payment of these regional detention fees shall be in place of providing on -site detention facilities and shall represent full payment of all detention fees assessable to Parcel 9. These fees shall be pre- paid, when the single family residential plat is recorded, as the Owner's share of joint drainage improvements. 13. FR SING 12.1.4 Downstream Conveyance of Storm Water If downstream conveyance is not sufficient to accommodate undetained storm water the Owner shall provide the required on -site detention and shall not pay the regional detention fees referenced in paragraphs 12.1.1, 12.1.2 and 12.1.3. 8. The development of the Property may be phased at the developer's option. The portion of the Warner Ranch Road required to access each development parcel shall be constructed as a part of each parcel, except for parcel three which will require construction of Warner Ranch Road to the southern boundary of the propertylparcel. 14. PARKLAND DEDICATION The parkland dedication requirements for the Property shall be met in full by providing the following: a. Dedication of Parcel 8 as shown on Exhibit "C" for landscaped buffer casement and parkland. This dedication may be to either the City of Round Rock or a neighborhood homeowners association. This dedication shall be made with recordation of the first multi family residential plat b. Construction of one or more clubhouses for Parcels 1, 2 and 3), as shown on Exhibit "C". Clubhouses will contain a minimum of one thousand (1000) square feet per for each one hundred (100) dwelling units constructed. Additional area may be added to each clubhouse, at the Owners option, for the purpose of accommodating leasing offices and other administrative or maintenance uses. The calculation of the required clubhouse area shall not include leasing offices and other administrative or maintenance uses. c. Construction of one or more swimming pools for Parcels 1, 2 and 3, as shown on Exhibit "C". Pools shall contain a minimum of six (6) square feet of water surface per dwelling unit constructed on each development parcel. 15. HIGHWAY RIGHT OF WAY DEDICATION The following right of way dedications shall be made by the Owner. 15.1 State Highway 45; Simultaneously with recordation of the PUD, the Owner shall dedicate to the City of Round Rock, free of ail liens, right -of - -way adjacent to existing Louis Henna Blvd. sufficient to total four hundred feet (400'). The City Attorney shall prepare the dedication deed and Owner shall provide the survey. 15.2 Arterial "B "• The Owner shall dedicate to the City, free of all liens, thirty -five feet (35') of right -of -way along the portions of the western boundary of existing County Road 170, required for the construction of Arterial B. 9. This dedication shall be made within ninety (90) days following the City providing the required field notes describing the exact limits of the right of way dedication to the Owner of Parcel 6. As partial consideration for the dedication of the rights -of -way described herein, in addition to the granting of this PUD, the City shall attempt to convey to Owner any strips of land owned by the City lying between the PUD and Arterial B, as finally constructed. Said conveyance is contingent upon the City Attorney determining that said conveyance is lawful. 16. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN 16.1 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. 16.2 Major Changes Major changes shall be resubmitted following the same procedure required by the original PUD application. 17. CONCEPT PLAN APPROVED Approval of this Agreement constitutes Concept Plan approval under the City Subdivision Ordinance. 18. GENERAL PLAN 2000 This Agreement is in compliance with the Round Rock General Plan 2000, which was adopted on June 10, 1999. VILLAGES AT WARNER RANCH PUD, LP By: THC/Southwest Division Limited Partnership, Its sole general partner By: Hanover G.P. L.L.C., its s e general partner By: . Kathy inford, Vic President Date: /C " 5-9q 10. LODGE AT WARNER RANCH, L.P. By: THC/ Southwest Division Limited Partnership By: Hanover G. P., L.L.C. By: Kath K. Binford, ic Pr esident ATTEST: BY: C l f , CITY SECRET ,NEa, A Ss/ . 11. EXHIBIT °, TRACT I 138.543 ACRES OF LAND DESCRIPTION FIELD NOTES FOR. 138.543 ACRES OF LAND SITUATED IN THE MEMUCAN HUNT SURVEY, ABSTRACT NO. 314 THE WM. BARKER SURVEY, ABSTRACT NO. 107, WILLIAMSON COUNTY, TEXAS, AND THE WM. BARKER SURVEY, ABSTRACT NO. 109, TRAVIS COUNTY, TEXAS; BEING OUT OF TRACT ONE CALLED 141.27 ACRES CONVEYED BY BILLY WRAY GLENN et al, TO ROUND ROCK INDUSTRIAL PARK IN DEED FILED FOR RECORD FEBRUARY 29, 1984 IN VOLUME 980, PAGE 925, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID TRACT ONE CALLED 141.27 ACRES BEING A PORTION OF THIRD TRACT CALLED 44 ACRES CONVEYED BY HEDDA BLAD et al TO G. W. GLENN IN DEED FILED FOR RECORD DECEMBER 15, 1931 IN VOLUME 260, PAGE 368, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS AND A PORTION OF A CALLED 152.5 ACRE TRACT CONVEYED BY BE Ith E GLENN TO BILLY WRAY GLENN IN DEED FILED FOR RECORD SEPTEMBER 27, 1966 IN VOLUME 490, PAGE 534, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 138.543 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a ',4 inch iron rod found at the base of an 18 inch elm tree used for a fence corner post, for the northeast corner of REMINGTON HEIGHTS, PHASE 1, SECTION A, according to the map or plat thereof recorded in Cabinet N, Slide 238 -240, Plat Records of Williamson County, Texas, and an eil corner in the west line of the herein described tract, from which a 1 inch iron rod found at the base of said 18 inch elm tree, bears N 35 °50' W, a distance of 1.71 feet; THENCE, along the westerly line of said Tract One called 141.27 acres, and with the north line of said REM NGTON HEIGHTS, PHASE 1, SECTION A and the westerly line of the herein described tract, S 87°39'50" W (called S 87°20'30' W), a distance of 249.69 (249.00) feet to a 1/2 inch iron rod found for an ell corner in the west line of said Tract One called 141.27 acres, the southeast corner of a called 0.92 acre tract conveyed by Milburn Investments, Inc. to Round Rock Industrial Park in deed filed for record January 2, 1996 in Document No. 9600209 Official Records of Williamson County, Texas, from which a '/z inch iron rod with cap set for the southwest corner of said 0.92 acre tract and the southeast corner of the remainder of Tract Two called 1.64 acres conveyed by Billy Wray Glenn et al, to Round Rock Industrial Park in said deed Sled for record February 29, 1984 in Volume 980, Page 925, Official Records of Williamson County, Texas, bears, S 86 °50'59" W, a distance of 51.25 feet; THENCE, with the west line of said Tract One called 141.27 acres, the east line of said 0.92 acre tract and west line of the herein described tract, N 14 °09'55" W (called N 14 °09' W), a distance of 808.86 (called 808.67) feet to a''/ inch iron rod set in the existing south right of way line of Louis C AI- 239 - 0210.02 EXHIBIT A -I Page 1 of 12 ruvr: am Henna Boulevard (formerly known as County Road No. 170) (right of way width varies), for the northwest corner of said Tract One called. 141.27 acres, the northeast of said 0.92 acre tract and the northwest corner of the herein- described tract, from winch a 1/2 inch iron rod found for the northeast corner of the remainder of said Tract Two called 1.64 acres and the northwest corner of said called 0.92 acre tract, bears S 77 °44'20" W, a distance of 50.17 feet; THENCE, with the existing south right of way line of Louis Henna Boulevard (formerly lmown as County Road No. 170) (right of way width varies), the north line of said Tract One called 141.27 acres and the north line of the herein described tract, N 72°2752" E (called N 72°27'30" E), a distance of 262.72 feet to a 'A inch iron rod found at the beginning of a non - tangent curve to the right far the west corner of a called 1.616 acre tract, conveyed by Round Rock Industrial Park to Williamson County, Texas in Correction Dedication of Right of Way filed for record March 11, 1988 in Volume 1639, Page 420, Officiai Records of Williamson County, Texas, for an angle corner in the north line of the herein described tract; THENCE, over and across said Tract One called 141.27 acres, with the common line of said Louis Henna Boulevard (formerly known as County Road No. 170) (right of way width varies), said called 1.616 acre tract and the herein described tract the following four (4) courses and distances; I) with said non - tangent curve to the right having a central angle of 02°27'48 ", a radius of 3260.57 feet, an arc length of 140.19 feet, and a chord bearing and distance of N 81 °19'03" E, 140.18 feet to a '/ inch iron rod found at the end of said curve; 2) N 82 °25'39" E, a distance of 390.65 feet to a 'h inch iron rod found at the beginning of a drive to the left; 3) with said curve to the left having a central angle of 10 °42'47 ", a radius of 2182.60 feet, an arc length of 408.10 feet, and a chord bearing and distance of N 77°10'25" E, 407.50 feet to a '/ inch iron rod found for at the end of said curve, from which a'h inch iron rod found, bears N 82°11' E, a distance of 0.13 feet; 4) N 71 °22'15" E, a distance of 11.16 feet to a'1 inch iron rod found in the existing southwest right of way line of County Road No. 170 (right of way width varies), the northeast line of said Tract One called 141.27 acres, for the southeast corner of said called 1.616 acre tract and the north corner of the herein described tract, from which a '/ inch iron rod found, bears S 57°50' E, a distance of 0.26 feet; THENCE, with the edsting southwest right of way line of said County Road No 170 (right of way width varies), the northeast line of said Tract One called 141.27 acres and the northeast line of the hcrein described tract the following three (3) courses and distances; 1) S 51 °43'28" E (called S 51°43 E), a distance of 618.37 feet to a '/ inch iron rod found for an angle corner, 2) S 51 °57'32" E (called S 5l °56'30" E), a distance of 174.59 (called 174.86) feet to a'/ inch iron rod found for an angle corner, 3) S 51 °49'13" E (called S 51 °50' E), passing a' h_ inch iron rod found at a distance CAI- 239 - 0210.02 EXHIBIT A- l Pass 2 of 12 of' 176.23 and contitnting for a total distance of 261.55 (called 261.69) feet to a 'h inch iron rod found for the northwest corner of a called 5.04 acre tract of land conveyed by Billy Wray Glenn to Tommy Dale Arnold in deed filed for record in Volume 686, Page 241, Deed Records of Williamson County, Texas, for the northeast corner of said Tract One called 14127 acres and the northeast corner of the herein described tract, from which a concrete monument found in the existing southwest right of way line of said County Road No. 170 (right of way width varies), for the northeast comer of said called 152.5 acre tract, and the approximate northwest of a called 1.52 acre tract conveyed by Fritz Ganzert to Adolf Priem in deed filed for record in Volume 2058, Page 239, Deed Records of Travis County, Texas, bears, S 51 °4333" E, a distance of 1135.93 feet; THENCE, continuing with the northeast line of said Tract One called 141.27 acres, the northeast line of the herein described tract and the westerly line of said called 5.04 acre tract, the following two (2) courses and distances; 1) S 30 °05'30" W (called S 30 °03' W), a distance of 438.96 (called 439.00) feet to a '/z inch iron rod found bent and replaced for the southwest corner of said called 5.04 acre tract; 2) S 59°54'30" E (called S 59 °57' E), passing a point in the westerly line of a 50 foot wide access road easement (known as Glenn Drive), as described in the following instruments filed for record in Volume 681, Page 797, Volume 715, Page 929, Volume 686, Page 241, Volume 763, Page 777, Volume 787, Page 776, Volume 912, Page 135, Volume 917, Page 701 and Volume 917, Page 708, Deed Records of Williamson County, Texas at a distance of 524.66 feet and continuing for a total distance of 549.66 (called 549.84) feet to '/x inch iron rod found bent and replaced in the centerline of said 50 foot wide access road easement (lrnown as Glenn Drive), in the westerly line of a called 5.15 acre tract conveyed to L. C. Schwartz, in deed filed for record in Volume 659, Page 405, Deed Records of Williamson County, Texas, for an ell corner in the northeast line of said Tract One called 141.27 acres, an ell corner in the northeast line the herein described tract and for the southeast corner of said called 5.04 acre tract; THENCE, continuing with the northeast line of said Tract One called 141.27 acres, the northeast line of the herein described tract, the centerline of said 50 foot wide access road easement (known as Glenn Drive), and the northwest line of said 5.15 acre tract, S 30°02'46" W (called S 30°1 1' W), a distance of 109.36 (called 109.47) feet to '/ inch iron rod found, for an ell corner in the northeast line of said Tract One called 141.27 acres, an ell corner in the northeast line of the herein described tract and the southwest corner of said called 5.15 acre tract; THENCE, continuing with the northeast line of said Tract One called 141.27 acres, the northeast line of the herein described tract, and the South tine of said called 5.15 acre tract, S 59°52'46" E (called S 59 °54'30" E), passing '/z inch iron rod found in the easterly line of said 50 foot wide access road easement (known as Glenn Drive) at a distance of 25.01 feet, from said 'h inch iron rod a'1 inch iron rod found, bears, S 04°01' W, a distance of 0:55 feet. and continuing for a total distance of 574.66 (called 574.91) feet to a 3 : inch iron rod found in the east line of said called 152.5 acre tract, in the west line of said called 1.52 acre, for the east corner of said Tract One CAI -239- 0210 02 EXHIBIT A - Page 3 of 12 called 141.27 acres, for the east corner of the herein described tract and for the. southeast comer of said called 5.15 acre tract, from which said concrete monument found for the northeast corner of said called 152.5 acre tract, bears, N 30 °11'39" E, a distance of 236.92 fees and N 29°5456" E, a distance of 150.02 feet THENCE, with the easterly line of said Tract One called 141.27 acres, the easterly line of said called 152.5 acre tract, the westerly line of said called 1.52 acre tract and the easterly line of the herein described tract, S 30°00'21" W (called S 30°02' W), a distance of 386.I4 (called 386.20) feet to a rr inch iron rod found for the northeast corner of a called 5.11 acre trace conveyed by Billy Wray Gleam to James Burrows in deed filed for record June 15, 1978 in Volume 715, Page 929, Deed Records of Williamson County, Texas, for an ell corner in the easterly line of said Tract One called 141.27 acres and for an ell corner in the easterly fine the herein described tract; THENCE, continuing with the easterly line of said Tract One tailed 141.27 acres, the easterly line of the herein described tract and the northerly, westerly and southerly line of said called 5.11 acre tract, the following three courses and distances; 1) N 59 °58'53" W (called N 60 °00' W), passing a point in the easterly line of said 50 foot wide access road easement (known as Glenn Drive) at a distance of 549.93 feet, and continuing for a total distance of 574.93 (called 574.91) f to a' 14 inch iron rod found bent and replaced in the centerftne of said 50 foot wide access road easement (known as Glenn Drive) for the northwest corner of said called 5.11 acre tract and for an ell corner, 2) with the centerline of said 50 foot wide access road easement (known as Glenn Drive), S 30°02'46" W (called S 30 °02'30" W), a distance of 386.77 (called 386.84) feet to a'h inch iron rod found for the southwest corner said called 5.11 acre tract and for an ell comer 3) S 59 °57'49" E (called S 59 °59 E), passing a paint in the westerly line of said 50 foot wide access road easement (known as Glenn Drive) at a distance of 25.00 feet, and continuing for a total distance of 575.00 (called 574 91) feet, a r.: inch iron rod found in the east line of said called 152.5 acre tract, in the west line of a said called 1.52 acre, for the southeast corner of said called 5.11 acre tract and for an ell corner of said Tract One called 141.27 acres and an ell corner of the herein described tract ; THENCE, continuing with the easterly line of said Tract One called 141.27 acres, the easterly line of said called 152.5 acre tract, the westerly line of said called 1.52 acre tract and the easterly line of the herein described tract, S 29°58'43" W (called S 29°58' W), a distance of 1160.57 (called 1160.54) feet to a 1/2 inch iron rod found for the northeast corner of a called 5.35 acre tract conveyed by Glenn Drive Ventures to Matt A, Lasater et ux in deed filed for record September 1, 1995 in Document No. 9538506, Official Records of Williamson County, Texas, for the south corner of said Tract One called 141.27 acres and the south corner of the herein described tract. THENCE, with the southwest line of said Tract One called 141.27 acres, the northerly line of said called 5.35 acre tract, the northerly line of a called 5.19 acre tract conveyed by T. J. Davidson to Iraj Eric Shahavndi et ux, in deed filed for record May 19, 1993 in Volume 2304, Page 345, Official Records of Williamson County, Texas, N 59 °56'14" W (called N 59°57'00" W), passing a CAI -239- 0210.02 EXHIBIT A-1 Pave 4 of 12 'h inch iron rod found in the easterly line of said 50 foot wide access road easement ((mown as Glenn Drive) at a distance 551.37 feet, passing a point in the centerline of said 50 foot wide road easement for the northwest comer . of said called 5.35 acre tract and the northeast corner of said called. 5.19 acre tract at a distance 576.37 feet, and continuing with the centerline of said 50 foot wide road easement for a total distance of 1126.60 (called 1126.51) feet to a 3 r $ inch iron rod found for the northwest corner of said called 5.19 acre tract, for an ell corner in the southwest line of said Tract One called 141.27 acres and for an ell corner in the southwest line of the herein described tract; THENCE, continuing with the southwest line of said Tract One called 141.27 acres, the west line of said called 5.19 acre tract and the southwest line of the herein described tract and crossing said 50 foot wide road easement, S 30 W (called S 30°01' W), passing the southwest line of said 50 foot wide road easement at a distance of 25.0 feet and continuing for a total distance of 410.40 (called 410.46) feet to a 'h inch iron rod found in the southerly line of said called 152.5 acre tract, in the northerly line of Tract 2 called 41.702 acres, conveyed by Texas Commercial Bank - Austin National Association to F- Victoria L. P. in deed filed for record September 2, 1992 in Volume 2186, Page 208, Official Records of Williamson County, Texas, for an ell corner in the southwest line of said Tract One called 141.27 acres, for an ell corner in the southwest line of the herein described tract and the southwest corner of said called 5.19 acre tract and; THENCE, continuing with the southwesterly line of said called 152.5 acre tract, the southwesterly line of said Tract One called 141.27 acres, the northerly line of said Tract 2 called 41.702 acres and the southwesterly line of the herein described tract the following two (2) courses and distances; 1) N 60 °28'05" W (called N 60°22'30" W), a distance of 125.63 feet to a h inch iron rod found for an angle comer, 2) N 59°4700" W (bearing basis), passing a 1/2 inch iron rod found at a distance of 291.35 feet, passing a 1 inch iron rod found at a distance of 1001.05 feet, and continuing for a total distance of 1046.17 (called 1046.10) feet to a '/ inch iron rod set in the easterly line of Breaux Lane (50' right of way width), as dedicated by REMINGTON HEIGHTS PHASE 2, SECTION B, according to the map or plat thereof recorded in Cabinet 0, Slide 392 -393, Plat Records of Williamson County, Texas, for the southwest corner of said Tract One called 141.27 acres, for the southwest comer of the herein described tract and for the northwest corner of said Tract 2 called 41.702 acres, from which a 'h inch iron rod found for the southeast corner of said REMINGTON HEIGHTS PHASE 2, SECTION B and the northwest corner of the remainder of Tract 12 called 68.794 acres conveyed by Resolution Trust Corporation to Michael W. Ayer in deed filed for record March 18, 1993 in Volume 2271, Page 354, Official Records of Williamson County, Texas and filed for record February 8, 1993 in Volume 11868, Page 121, Real Property Records of Travis County, Texas. bears. S 30 °13'50" W, a distance of 168.44 feet; THENCE, with the easterly line of said REMINGTON HEIGHTS PHASE 2, SECTION B, the easterly line of REM3NGTON HEIGHTS PHASE 1, SECTION B, according to the map or plat thereof recorded in Cabinet 0, Slide 18 -20, Plat Records of Williamson County, Texas, the CAI- 239 -0210 02 EXHIBIT A- Page 5 of 12 easterly line of said REMINGTON HEIGHTS PHASE 1, SECTION A, and the westerly line of the herein described tract and along the west line of said Tract One cal led 14127 acres and the west line of said called 152.5 acre tract, N 30°06'04" E (called N 30°02'00" E), passing a ''A inch iron rod found ar the northeast corner of said Breaux Lane (50' right of way width) and the southeast corner of Lot 31, Block B of said REMINGTON HEIGHTS PHASE 2, SECTION B, at a distance of 12.36 feet, passing a `A inch iron rod found for the northeast corner of said REMINGTON HEIGHTS PHASE 2, SECTION B and the southeast corner of said REMINGTON HEIGHTS PHASE 1, SECTION B at a distance of 624.06 feet, passing a ''A inch iron rod found for the northeast corner of said REMINGTON HEIGHTS PHASE 1, SECTION B and the southeast corner of said REMINGTON HEIGHTS PHASE 1, SECTION A at a distance of 1024.06 feet, and corrtimuing for a total distance of 1789.25 (called 1789.74) feet to the PONT OF BEGINNING, containing 138.543 acres of land, more or Tess, within these metes and bounds Reference is herein made to reap or plat of this 138.543 acre tract accompanying this field note description Bearing Reference: The southwest line of Tract One called 141.27 acres conveyed by Billy Wray Glenn et al, to Round Rock Industrial Park in deed filed for record February 29, 1984 in Volume 980, Page 925, Official Records of Williamson County, Texas. (N 59 °4700'W) I hereby certify that this description was prepared from the results of a survey made on the ground under my supervision. . CUNNINGHAM A/ • e S ry 0 „-,f.t R - • fes boat Land Surveyor No 4437 Date: SAVE AND EXCEPT that certain 19.191 acre tract or parcel of land being more particularly described as follows: CAI - 239 - 0210.02 EXHIBIT A- I Page 5 of 12 CAI-239-0210 02 bait =3dN FIELD NOTES FOR 19.191 ACRES OF LAND SITUATED IN THE MEMUCAN • HUNT SURVEY, ABSTRACT NO. 314, WILLIAMSON COUNTY, TEXAS, BEING OUT OF THOSE CERTAIN TRACT ONE DESCRIBED IN DEED FROM BILLY WRAY GLENN et al, TO ROUND ROCK INDUSTRIAL PARK RECORDED FEBRUARY 29, 1984 IN VOLUME 980, PAGE 925, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 19.191 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS BEGINNING at a 1/2 inch iron rod found bent and replaced for the southwest corner of that certain tract of land described in deed from Billy Wray Glenn to Tommy Dale Arnold, recorded in Volume 686, Pace 241, Deed Records of Williamson County, Texas, same being an interior ell corner of said Tract One, "from which a 1/2 inch iron rod found in the south right of way line of County Road No 170 (right of way width varies), for the easternmost northeast corner of said Tract One and the northwest corner of said Arnold tract, bears N 30 °05'30" E a distance 0(438.96 feet THENCE, with a north line of said Tract One, the north line of the herein described tract, and the south line of said Arnold tract, S 59 °5410" E, a distance of 524.66 feet to a 1/2 inch iron rod set for the northeast corner of the herein described tract, in the west line of a 50 foot wide access road easement (also known as Glenn Drive), as described in the following instruments of record: Volume 681, Page 797, Volume 715, Page 929, Volume 686, Page 241, Volume 763, Page 777, Volume 787, Page 776, Volume 912, Page 135, Volume 917, Page 701 and Volume 917, Page 708, Deed Records of Williamson County, Texas, from which a 1/2 inch iron rod found bent and replaced in the centerline of said 50 foot wide access road easement, in the west line of that certain tract described in deed to L. C. Schwartz, recorded in Volume 659, Page 405, Deed Records of Williamson County, Texas, for an exterior ell corner of said Tract One, bears S 59°54'30" E a distance of 25.00 feet THENCE, over and across said Tract One, 25 00 feet west of and parallel with the centerline of said 50 foot wide access road easement, and with the east tine of the herein described tract S 30 °02'46" W a distance of 670.05 feet to a 1/2 inch iron rod set for the southeast corner of the herein described tract THENCE, continuing over and across said Tract One with the south, west, and north lines of the herein described tract, the following three (3) courses - 1) N 63 °50'14" W a distance of 1299 62 feet to a 1/2 inch iron rod set for the southwest corner of the herein described tract; 21 with a curve to the. left having a c.enual angle of 39 °31'25 ". a radius of 623 35 feet, an arc length of 430 00 feet, and a chord bearing and distance of N 06 °38'35" E 421 52 feet to a !'x inch iron rod set for the northwest corner of the herein described tract; 3) S 81 °32'18" E a distance of 1010 24 feet to the POINT OF BEGINNING. containing 19 191 acres of land, more or less, within these metes and bounds EXHIBIT A -I Page 7 of 12 • Bearing Reference: The southwest line of Tract One called 14127 acres conveyed by Bitty Wray Giant et al, to Round Rock Industrial Park in deed filed for record February 29, 1984 in Volume 980, Page 925; Official Records of Williamson County, Texas. (N 59°4700"W) 1 hereby certify that this description was prepared from the results of a survey made an the ground under my supervision. CAI-239-0210 02 EXHIBIT A -I Page 8 of 12 TRACT 11 0.35 ACRES OF LAND CAI - 239 - 0210.02 DESCRIPTION FIELD NOTES FOR 0.363 ACRES OF LAND SITLTATED IN THE MEMUCAN HUNT SURVEY, ABSTRACT NO. 314, WILLIAMSON COUNTY, TEXAS, BEING OUT OF TRACT TWO CALLED 164 ACRES CONVEYED BY BILLY WRAY GLENN et al, TO ROUND ROCK INDUSTRIAL PARK IN DEED FILED FOR RECORD FEBRUARY 29, 1984 IN VOLUME 980, PAGE 925, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 1.64 ACRE TRACT BEING A PORTION OF THIRD TRACT CALLED 44 ACRES CONVEYED BY HEDDA BLAD et al TO G. W, GLENN IN DEED FILED FOR RECORD DECEMBER 15, 1931 IN VOLUME 260, PAGE 368, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 0.363 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2 inch iron rod with cap set in the existing easterly right of way line of Jazz Street (70' right of way width), as dedicated by REMINGTON HEIGHTS, PHASE 1, SECTION A, according to the map or plat thereof recorded in Cabinet N, Slide 238 -240, Plat Records of Williamson County, Texas, in the south line of said Tract Two called 1.64 acres, for the southeast corner of a called 1.27 acre tract conveyed by Round Rock Industrial Park to Milburn Investments, Inc., in deed filed for record January 2, 1996 in Document No. 9600204, Official Records of Williamson County, Texas, for the northwest corner of Lot 1, Block A of said REMINGTON HEIGHTS, PHASE 1, SECTION A, and for the southwest corner of the herein described tract, from which a 3 /, inch iron rod found in the existing westerly right of way the of said Jag Street (70' right of way width) and for the northeast corner of Lot 30, Block 0, of said REMINGTON HEIGHTS, PHASE 1, SECTION A, bears, S 87°15'42" W, a distance of 71.72 feet; THENCE, over and across said Tract Two called 1.64 acres, with the existing easterly right of way line of Jazz Street (70' right of way width), the easterly line of said called 1.27 acre tract and the westerly line of the herein described tract, N 14 °09'13" W, a distance of 797.30 feet to a `h inch iron rod set in the existing south right of way line of Lows Henna Boulevard (formerly known as County Road No. 170) (right of way width varies), for the northeast corner of said Jazz Street (7(Y right of way width), for the northeast corner of said called 1.27 acre tract and for the northwest corner of the herein described tract; THENCE, with the existing south right of way line of said Louis Henna Boulevard (formerly known as County Road No. 170) (right of way width varies), the north line of said Tract Two called 1.64 acres and the north line of the herein described tract, N 77°51'59" E (called N 77 °55' E), a distance of 19.82 feet to a'// inch iron rod found for the northeast corner of said Tract Two called 1.64 acres, the northwest corner of said called 0.92 acre tract and the northeast corner of the herein described tract, from which a 'h inch iron rod set for the northwest corner of EXHIBIT A- Page 9 cf i2 Tract One called 141.27 arcs conveyed by Billy Wray Gletta et al, to Round Rock Industrial Park in deed flied for record. February 29, 1984 in Volume 980, Page 925, Official Records of Williamson County, Texas and the northeast corner of said called 0.92 acre tract, bears, N 77°44'20" E, a distance of 50.17 fees; THENCE, with the east line of said Tract Two called 1.64 acres, the we line of said called 0.92 acre tract and the east line of the herein described tact, S 14 °09'13" E (called S 14°09' E), a distance of 800.73 (called 800.70) fed to a 'A inch iron rod with cap set in the north line of said Lot I, Block A, REMINGTON HEIGHTS, PHASE 1, SECTION A, for the southeast corner of said Tract Two called 1.64 acres, the southwest corner of said called 0.92 acre tract and the southeast corner of the herein described tract, from which a Ys inch iron rod found for an ell corner of said Tract One called 141.27 acres and the southeast corner of said called 0.92 acre tract, bears N 86 °50'59" W, a distance of 51.25 feet THENCE, with the north line of said Lot 1, Block A, REMINGTON HEIGHTS, PHASE 1, SECTION A, the south line of said Tract Two called 1.64 acres and the south line of the herein described tract, S 87°36'54" W (called S 87°22" W), a distance of 20.23 feet to the POINT OF BEGINNING, containing 0.363 acres of land, more or less, within these metes and bounds Reference is herein made to map or plat of this 0.363 acre tract accompanying this field note description. Bearing Reference. The westerly line of Tract One called 141.27 acres conveyed by Bey Wray Glenn et al, to Round Rock Tndusnial Park in deed filed for record February 29, 1984 in Volume 980, Page 925, Official Records of Williamson County, Texas. I hereby certify that this description was prepared from the results of a survey made on the ground under my supervision. CAI- 239 - 0210 02 EXHIBIT A. i Page 10 of L2 TRACT III 0.928 ACRES OF LAND DESCRIPTION FIELD NOTES FOR 0.928 ACRES OF LAND SITUATED IN THE MEMUCAN HUNT SURVEY, ABSTRACT NO. 314, WILLIAMSON COUNTY, TEXAS, BEING ALL OF A CALLED 092 ACRE TRACT CONVEYED BY MILBURN INVESTMENTS, INC. TO ROUND ROCK INDUSTRIAL PARK IN DEED FILED FOR RECORD JANUARY 2, 1996 IN DOCUMENT NO. 9600209, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 0.92 ACRES BEING A PORTION OF A CALLED 40.464 ACRE TRACT OF LAND CONVEYED BY MICHAEL W. AYER TO MILBURN INVESTMENTS, INC., IN DEED FILED IN DOCUMENT NO. 9546338, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 40.464 ACRES BEING A PORTION OF TRACT 12 CALLED 68.794 ACRES CONVEYED BY RESOLUTION TRUST CORPORATION TO MICHAEL W. AYER IN DEED FILED FOR RECORD MARCH 18, 1993 IN VOLUME 2271, PAGE 354, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS AND FILED FOR RECORD FEBRUARY 8, 1993 IN VOLUME 11868, PAGE 121, REAL PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS; SAID 0.928 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 'h inch iron rod found in the north line of Lot 2, Block A, REMINGTON HEIGHTS, PHASE 1, SECTION A, according to the map or plat thereof recorded in Cabinet N, Slide 238 -240, Plat Records of Williamson County, Texas, for an eil corner of Tract One called 141.27 acres, conveyed by Billy Wray Glenn et al to Round Rock Industrial Park in deed filed for record February 29, 1984 in Volume 980, Page 925, Official Records of Williamson County, Texas, for the southeast corner of said called 0.92 acre tract and the southeast corner of the herein described tract, from which a'A inch iron rod found at the base of an 18 inch tree used for a fence comer post, for the northeast corner of said REMINGTON HEIGHTS, PHASE 1, SECTION A and for an ell corner in the west line of said Tract One called 141.27 acres, bears, N87°39'50" E, a distance of 249.69 feet; THENCE, with the north line of said Lot 2, Block A, the north Line of Lot 1, Block A of said REMINGTON HEIGHTS, PHASE I, SECTION A, S 86 °50'59" W (called S 86 ° 48'04" W), a distance of 51.25 (called 51.24) feet to a ' h inch iron rod with cap set for the southeast corner of the remainder of Tract Two called 1.64 acres, conveyed by Billy Wray Glenn et al to Round Rock Industrial Park in deed filed for record February 29, 1984 in Volume 980, Page 925, Official Records of Williamson County, Texas, for the southwest corner of said called 0.92 acre tracct and the southwest corner of the herein described tract, from which a '/: inch iron rod with cap set in the south line of said Tract Two called 1.64 acres, in the existing easterly right of way line of Jan Street (70' right of way width), as dedicated by said REMINGTON HEIGHTS, PHASE 1, SECTION A. for the northwest corner of said Lot 1, Block A and the southeast corner of a called CAI- 239 -0210 02 EXHIBIT A I Page 11 of 12 WALT SAIN 1.27 acre tract conveyed by Romd Roder Industrial Park to Milburn Investments, Inc., in deed filed. for record January 2, 1996 in Document No 9600204, Official Records of Wl�iamson Comely, Texas, bears S 87°36'54" W, a distance of 20.23 fee THENCE, with the east fine of said Tract Two called 1.64 acres, the we line of said called 0.92 acre tract and the west time of the herein descnibed tract,. N 14°09'13" W (called N 14 °12'08" W), a distatnce of 800.73 (called 800.61) feet to a'1 inch iron rod found in the existing south right of way rose of Louis Henna Boulevard (formerly known as County Road No. 170) (right of way width varies), for the northeast corner of said Tract Two called 1.64 acres, the northwest corner of said called 0.92 acre tract and the northwest corner of the herein described tract, from which a 1 inch iron rod set for the northeast corner of said Jazz Street (70' right of way width), for the northeast corner of said called 1.27 acre tract, bears, S 77°51'59" W, a distance of 19.82 feet; THENCE, with the existing south right of way line of said Louis Henna Boulevard (formerly known as County Road No. 170) (right of way width varies), the north line of said called 0.92 acre tract and the north line of the herein described tract, N 77 °44'20" E (called N 77°41'25" E), a distance of 50.17 (called 50.16) feet a'h inch iron rod set for the northeast corner of said called 0.92 sae tract, for the northwest corner of said Tract One called 141.27 acres and for the northeast comer of the herein described tract, from which a 'f inch iron rod found at the west comer of a called 1.616 acre tract, conveyed by Round Rock Industrial Park to Williamson Comity, Texas in a Correction Dedication of Right of Way filed for record March l 1, 1988 in Valente 1639, Page 420, Official Records of Williamson County, Texas, bears, N 72°2 E, a distance of 262.72 feet; THENCE, with the west line of said Tract One called 141.27 acres, the east line of said 0.92 acre tray and east line of the herein described tract, S 14°09'55" E (called S 14 °09'00" E), a distance of 808.86 (called 808.67) feet to the POINT OF BEGINNING, containing 0.928 acres of land, more or less, within these metes and bounds Reference is herein made to map or plat of this 0.928 acre tract accompanying this field note descaption. Beams Reference: The southwest line of Tract One called 141.27 acres conveyed by Billy Wray Giese et a, to Round Rock Industrial Park in deed filed for record February 29, 1984 in Volume 980, Page 925, Official Records of Williamson County, Texas. (■ 59 °4•00"W) I hereby certify that this description was prepared from the results of a survey made on the ground under my supervision. CAI - 239 - 0210 02 EXHIBIT A- Page 12 of 12 EXHIBIT ' A -g DESCRIPTION FIELD NOTES FOR 19.191 ACRES OF LAND SITUATED IN THE MEMUCAN HUNT SURVEY, ABSTRACT NO. 314, WILLIAMSON COUNTY, TEXAS, BEING OUT OF THOSE CERTAIN TRACT ONE DESCRIBED IN DEED FROM BILLY WRAY GLENN et al, TO ROUND ROCK INDUSTRIAL PARK, . RECORDED FEBRUARY 29, 1984 IN VOLUME 980, PAGE 925, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 19.19! ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2 inch iron rod found bent and replaced for the southwest corner of that certain tract of land described in deed from Billy Wray Glenn to Tommy Dale Arnold, recorded in Volume 686, Page _241, Deed Records of Williamson County, Texas, same being an interior ell comer of said Tract One, from which a 1/2 inch iron rod found in the south right of way litre of County Road No. 170 (right of way width varies), for the easternmost northeast corner of said Tract One and the northwest corner of said Arnold tract, bears N 30°05'30" E a distance of 438.96 feet THENCE, with a north line of said Tract One, the north line of the herein described tract, and the south line of said Arnold tract, S 59°54'30" E, a &stance of 524.66 feet to a 1/2 inch iron rod set for the northeast corner of the herein described tract, in the west line of a 50 foot wide access road easement (also known as Glenn Drive), as described in the following instruments of record: Volume 681, Page 797, Volume 715, Page 929, Volume 686, Page 241, Volume 763, Page 777, Volume 787, Page 776, Volume . 912, Page 135, Volume 917, Page 701 and Volume 917, Page 708, Deed Records of Williamson County, Texas, from which a 1/2 inch iron rod found bent and replaced in the centerline of said 50 foot wide access road easement, in the west line of that certain tract described in deed to L. C. Schwartz, recorded in Volume 659, Page 405, Deed Records of Williamson County, Texas, for an exterior ell corner of said Tract One, bears S 59°54'30" E a distance of 25.00 feet; THENCE, over and across said Tract One, 25.00 feet west of and parallel with the centerline of said 50 foot wide ac' road easement, and with the east line of the herein described tract, S 30°02'46" W a distance of 670.05 feet to a 1/2 inch iron rod set for the southeast corner of the herein described tract; THENCE, continuing over and across said Tract One, with the south, west, and north lines of the herein described tract, the following three (3) courses: 1) N 63 °50'14" W a distance of 1299.62 feet to a 1/2 inch iron rod set for the southwest corner of the herein described trac 2) with a curve. to the left having a central angle of 39 °31'25 ", a radius of 623 35 feet, an arc length of 430.00 feet, and a chord bearing and distance of N 06 °38'35" E 421 52 feet to a Yz inch iron rod set for the northwest comer of the herein described tract; 3) S 81°32'18" E a distance of 1010.24 feet to the POINT OF BEGINNING, containing 19.191 acres of land, more or less, within these metes and bounds. CAI -239- 0210.02 EXHIBIT A • Page 1 of 2 Bearing Reference: The southwest line of Tract One caied.141.27'acres conveyedby BillyWrayGIearr et al, to Round Rock Industrial Park in deed filed for record February 29, 1984 in Volume 980, Page 925, Official Records of Williamson County, Texas. (N 59°47'00"W) I hereby certify that this description was prepared from the results of a survey made on the ground under my supervision_ CAI- 239 -0210 02 EXHIBIT A - ?- Page 2 of 2 THE STATE OF TEXAS COUNTY OF WILLIAMSON That Mellon Bank, N.A., acting herein by and through its duly authorized officers, being the holder of lien as evidenced by Deed of Trust and Security Agreement recorded in Y1 Document No. PW of the Official Records of Williamson County, Texas, covering 19.191 acres of land situated in Round Rock, Williamson County, Texas, being more particularly described therein, does hereby consent to the Agreement and Development Plan of Wamer Ranch Planned Unit Development No. 42, and does further hereby join, approve and consent to all provisions shown therein. Namc: Title: COMMONWEALTH OF PENNSYLVANIA COUNTY OF Alza/ 4) `I This instnunent was acknowledged before me on the c7 7 day of September,1999 by ') A riC.s G. MCI Oil +t' , VICE PRE S i a o N r of Mellon Bank, N.A., a national banking association, on behalf of said. association. Z: \legal \warner ranch\lienholder consent LIENIH LDEIt'S CONSENT EXHIBIT " " MELLON BANK, N.A. Nt ai P bl ommonwealth of Pennsylvania Printed Name of Notary: z nRbST /NE S/-ICSTEk. Commission Expires: 4 -/ 7 -03 • Notarial Seal Christine Shostek. Note ry Public Pittsburgh, Allegheny Cou My Commission Expires Apr. 17 2 003 Member, Pennsylvania Association at Notarns 100' H.U.W. IU IiU0I IS1 OF FOUR LANE DIVIDED MEDIAN ROAD WHICH TRANSITIONS TO 70' R.O.W. FOUR LANE UNDIVIDED ROAD ADDI77ONAL EASEMENT AT ENTRY FOR COMMUNITY IDENTIFICATION CONNECTION TO FUTURE EXTENSION OF VICTORIA STATION BLVD. PARCEL 7 COMMERCIAL - B 7.5 GROSS AC PARCEL 8 COMMUNITY PARK 3.2 GROSS AC . MASTER PLAN WARNER RANCH THE HANOVER COMPANv I ` BOULEVARD MOM PARCEL 4 PARK 14.7 GROSS 50' PUBLIC R.O.W. TEMPORARY CUL -DE -SAC EASEMENT TO BE USED UNTIL THRU - CONNECTION BUILT -- PARCEL 5 BUSINESS PARK 4.8 GROSS AC EXHIBIT C • NOMH Lag =="" .... 1•2111011eN MIPOOAN The following Development Standards shall apply to all development on portions of the Property which are identified as Development Parcels "1, 2 and 3" on the Master Plan attached hereto as Exhibit "C ". 1. PERMITTED USES: The following principal uses are permitted: A maximum density of twenty (20) Multi - family residential dwelling units per acre, together with accompanying recreational amenities, shall be permitted on Parcels 1, 2 and 3. The requirements of this Development Agreement replace 11.320 (3), (q) and (r) of the Code. 2. HEIGHT: No building on the property shall exceed three (3) stories in height or fifty feet (50'), measured from the finished slab elevation to the peak of the roof, except as otherwise specified herein. The requirements of this Development Agreement replace 11.310 (4), (b), (iii) and (iv) of the Code. 3. DESIGN STANDARDS: 3.1 Exterior Finish: The exterior finish of all buildings shall be masonry, except for doors, windows and trim. Masonry shall mean stone, simulated stone, brick, stucco, or cement based siding such as "Hardi Plank ". Cement based siding shall not comprise more than fifty percent (50 %) of the C1TEXRSEPUDS\WARREN2EXWcdc EXHIBIT "D" DEVELOPMENT STANDARDS V LSP ET EL MULTI - FAMILY DEVELOPMENT PARCELS 14. exterior finish (breezeways and patio or balcony insets are not included in this calculation). 3.2 Roofing Materials: Roofing materials shall consist of twenty-five (25) year architectural dimensional shingles, tile or non - reflective metal. 3.3 Building Elevations: Any wall in excess of seventy-five (75') feet in length shall include off sets, to preclude a box design. 3.4 Building Height Variation: Multi- family buildings located within 100 feet of Wamer Ranch Ranch shall be one (1) story, two (2) story or three story / two story split buildings. 3.5 Special Design Features: All buildings, other than garages, shall contain a minimum four (4) of the following design features, which shall be chosen by the Owner. The design features are as defined in Iden tifi ine Americ Architecture by John Blumenson, 2nd Edition, Copyright 1981, W.W. Norton & Co., N.Y. 3.5.1 Bow window. 3.5.2 Bay window. 3.5.3 Arched window. 3.5.4 Gable window. 3.5.5 Oval or round windows. 3.5.6 Shutters. 3.5.7 Arched entry, balcony or breezeway entrance. 3.5.8 Stone or brick accent wall. 3.5.9 Decorative stone or brick band. 3.5.10 Decorative tile. 3.5.11 Veranda, terrace, porch or balcony. 3.5.12 Projected wall or dormer. 3.5.13 Variation of roof lines on the building. 3.5.14 Decorative caps on chimneys. 3.5.15 Gable, gambrel, mansard and hip roof design, or as approved by the Director of Planning & Community Development. 15. 4. BUILDING SETBACKS: 4.1 Primary Building Setbacks: 4.1.1 Minimum building setbacks from the Wamer Ranch Road shall be thirty-five (35') feet. 4.1.2 Minimum building setbacks from any other public streets shall be twenty-five (25') feet. 4.1.3 Minimum building setbacks from all internal property lines shall be twenty (20') feet. 4.2 Carports and garages: 4.2.1 Street Yard setbacks: Carports and garages shall not be permitted within the landscape easements identified on Exhibit "C ". 4.2.2 All other yard set backs: Carport and garage setbacks for all other yards shall be ten (10') feet. 4.2.3 A minimum of eighteen percent (18 %) of the dwelling units shall be provided with covered parking in the form of an attached garage, a detached garage, or a carport. 5. PHASED DEVELOPMENT: 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. The exact area and configuration of Parcels 1, 2 and 3 may vary from those identified in Exhibit "C" but the total area and the configuration of the Parcels 1, 2 and 3 combined shall be as identified on Exhibit "C ", but shall not exceed a combined total of 65.91 acres, and shall be no more than three parcels. 6. SERVICE AREAS: 6.1 Trash Storage Refuse storage enclosures are required for all developments. Enclosures must be of sufficient height to completely screen all refuse containers and must be provided with gates, so as to provide screening of views from adjacent lots and public'rights -of -way. All enclosures must be constructed of permanent materials (concrete, masonry, wood, 16. steel, etc., but not chain link). Refuse storage areas must be designed to contain all refuse generated on -site between collections. 6.2 Roof Mounted Mechanical Equipment: All roof mounted mechanical elements must be screened from view from the public right -of- way. Screening must be compatible with the building design. 6.3 Street Level Mechanical Equipment: All ground- mounted service equipment (e.g., air conditioners, transformers, trash collection equipment) related to each building will be screened with landscaping to soften the visual appearance. 7. LANDSCAPING: 7.1 Landscape Easement: 7.1.1 Easement adjacent to public streets: A thirty-five foot (35') wide landscape easement shall be provided adjacent Warner Ranch Road. All areas located within these Landscape Easements shall be used solely for the purpose of landscaping, except for sidewalks, driveways, lighting, monument signs, irrigation, entry features, underground utilities, meters, utility structures and equipment required to provide utilities to the Property. This shall be credited against the street yard landscaping requirement of the Code. 7.2 Boulevard Trees: Boulevard trees shall be planted within the landscape easement adjacent to all public streets. Boulevard trees shall be planted thirty feet (30') apart. Boulevard trees shall have a minimum caliper size of 2.5- inches and be selected from one of the following species; Live Oak, Bur Oak, Shumard Oak, Cedar Elm, Pecan, Chinkapin Oak or Bradford Pear. Boulevard trees shall be planted prior to the issuance of a Certificate of Occupancy for each development parcel. 7.3 Open Space: All areas of a development parcel_for which a Certificate of Occupancy has been issued, and which do not contain buildings, structures, parking lots, sidewalks, fountains, site furniture or other improvements, including, but not limited to, front, side and rear building set back areas, and all areas between the curb line and the property line, must be planted, landscaped, and maintained in good condition. The landscape planting must provide for easy maintenance. Utility easements will be landscaped consistent with other landscape areas where allowed by the respective utility company. 17. 7.4 Rights of Way: Owner shall be responsible for landscaping and irrigating areas within all rights -of -way, pursuant to a license agreement with the City. 7.5 Grass: All landscaped areas not in groundcover or shrub beds shall be sodded with grass. Overseeding in fall with cool season native grasses is allowed. 7.6 Irrigation: An underground, automatic irrigation system must be installed in all landscaped areas. Sprinkler heads must be located to effectively water the landscaped areas with minimal spray onto roadways, parking areas and walkways. 8. UTILITY LINES: All utility service lines must be underground to connection points provided by the utility service provider. All transformers must be screened. 9. FENCING: 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: 9.1 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 to ensure a sturdy and durable fence. Street yard fence materials shall wrap around and extend a minimum of fifty feet (50') along side property lines. 9.2 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 steel, treated wood or similar material set in concrete. The finished side of all perimeter fencing shall face the outside of the development. 10. SITE PLAN REQUIRED: A site plan for each phase of development shall be submitted to the City's Development Review Board to ensure compliance with the terms of this agreement prior to the issuance of each building permit. 11. SIGNS: All freestanding signs shall be Monument Signs, as defined by the Code. 18. 12. VEHICLES IN STREET YARDS: No recreational vehicles, boats, trailers or commercial trucks shall be permitted to be parked in any street yard. 13. PARKING STANDARDS: The following parking requirements shall be provided with each phase of development. Parking spaces for each one bedroom dwelling unit. 1.5 spaces Parking spaces for each two bedroom dwelling unit. 2.0 spaces Parking spaces for each three bedroom dwelling unit. 3.0 spaces Additional parking in the amount equal to three percent (3 %) of the combined parking required for the dwelling units shall be provided to accommodate guest parking, All parking spaces shall be a minimum of nine feet (9') wide. No tandem parking shall be permitted. 19. Development Parcels "4" and "5 ", as generally identified on Exhibit "C ", shall be developed in accordance with the following development standards. The Following Development Standards shall apply to all development on portions of the Property, which are identified as Development Parcels "4 and 5" on the Master Plan attached hereto as Exhibit "C ". 1. PERMITTED USES: The following principal uses are permitted: Business Park uses, which is herein defined as a use intended to accomodate, in a park -like setting, a limited group of office, office - warehouse, research & development, technical schools, light manufacturing & assembly conducted wholly within a building, the sale of goods produced or assembled on site, and limited commercial support services, such as daycare centers and health clubs. 2. PROHIBITED USES: 3. ACCESS DEVELOPMENT PARCELS "4" and "5 "; The following uses are prohibited: cell telephone towers or other towers in excess of thirty (30') feet, mini - warehouses, flea markets, sexually oriented businesses, portable buildings sales except as incidental to other retail sales, amusement parks or carnivals, wholesale nurseries, recreational vehicle parks, outdoor shooting ranges, pawn shops, heavy equipment sales, kennels (but not prohibiting pet shops and veterinary clinics with overnight facilities), vehicle sales, auto body and paint shops and truck stops. Access to Development Parcels 4 and 5 shall be from a thirty -foot (30') wide public street to be constructed within a fifty-foot (50') right of way. Parking on this street shall be prohibited. 4. PROHIBITED BUILDING MATERIALS: 20. The following materials are prohibited on the exterior walls of all buildings and structures (this section does not apply to roofs): 5. SERVICE & LOADING AREAS: 5.1 Screening Required: No dock high loading area is permitted unless such area is visually screened from public streets. 5.2 Delivery Vehicles: All delivery and utility vehicles stored on -site must be inside a closed building or within a screened portion of the site. 5.3 Service Areas: Service areas will be screened from all public streets. Methods of screening include walled entrances, evergreen landscaping, and depressed service areas. Screening walls must be constructed of the same materials as the main building. 5.4 Loading areas: All loading and service areas must be clearly signed. Loading spaces must be clearly denoted on the pavement and designed so as not to prohibit on -site vehicular circulation when occupied. Loading spaces will be located directly in front of a loading door. Loading areas must be designed to accommodate backing and maneuvering on -site, not from a public street. Regardless of orientation, loading doors may not be located closer that fifty feet (50') from a public or private right -of -way. 5.5 Trash Storage Sheet metal, corrugated metal, and unfinished Aluminum Asbestos Galvanized Steel Mirrored Glass (reflectivity of 20% or more) Refuse storage enclosures are required for all buildings. Enclosures must be of sufficient height to completely screen all refuse containers, so as to provide screening of views from public streets. All enclosures must be constructed of permanent materials (concrete, masonry, wood, etc.) which are compatible with the building it serves. Refuse storage areas must be designed to contain all refuse generated on -site between collections. 5.6 Street Level Mechanical Equipment: 21. All ground - mounted service equipment (e.g., air conditioners, transformers, trash collection equipment) related to each building will be consolidated in an enclosed service area. Landscaping will be used to soften the visual appearance of the walls enclosing the service area. Service areas must be paved, curbed, and internally drained. 5.7 Roof Mounted Mechanical Equipment: All roof mounted mechanical elements, including antennae, must be screened from view from the public right -of -way. Screening must be compatible with the building design. 6. LANDSCAPING: 6.1 Landscape easement adjacent to public streets: A twenty -five foot (25') wide landscape easement shall be provided adjacent to the public roadway generally identified on Exhibit "C ". All areas located within these Landscape Easements shall be used solely for the purpose of landscaping, except for sidewalks, driveways, lighting, monument signs, irrigation, entry features, underground utilities, meters, utility structures and equipment required to provide utilities to the Property. This shall be credited against the street yard landscape requirements in the Code. 6.2 Boulevard Trees: Boulevard trees shall be planted within the landscape easement adjacent to the street. Boulevard trees shall be planted thirty feet (30') apart. Boulevard trees shall have a minimum caliper size of 2.5- inches and be selected from one of the following species; Live Oak, Bur Oak, Shumard Oak, Cedar Elm, Bradford Pear, Pecan or Chinkapin Oak. Boulevard trees shall be planted prior to the issuance of a Certificate of Occupancy for each development parcel. 6.3 Open Space: All parcels for which a building permit and a Certificate of Occupancy have been issued and which do not contain buildings, structures, parking lots, sidewalks, fountains, site furniture or other improvements, including, but not limited to, front, side and rear building set back areas, and all areas between the curb line and the property line, must be planted, landscaped, and maintained in good condition. The landscape planting must provide for easy maintenance. Utility easements will be landscaped consistent with other landscape areas where allowed by the respective utility company. 6.4 Rights of Way: Areas within the road right -of -way must be landscaped only in accordance with a license agreement with the City. 22. 6.5 Grass: All landscaped areas not in groundcover or shrub beds will be sodded. Overseeding in fall with cool season native grasses is allowed. 6.6 Irrigation: An underground, automatic irrigation system must be installed in all landscaped areas. Sprinkler heads must be located to effectively water the landscaped areas with minimal spray onto roadways, parking areas and walkways. 7. UTILITY LINES: All utility service lines must be underground to connection points provided by the utility service provider. All transformers must be screened. 8. DESIGN STANDARDS: 8.1 Height: The maximum height of buildings, including towers, on the property shall be two (2) stories or thirty feet (30'). 8.2 Building Setbacks: 8.1.1 Minimum building setbacks from public streets shall be twenty five feet (25'). 8.1.2 Minimum building setbacks from all internal property lines shall be twenty feet (20'). 8.3 Phased Development: 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. 9.0 PARKING LOT LIGHTING All fixtures shall be shielded or hooded so that light is directed downward to minimize execessive glare and sky glow pollution. Light Standards shall be metal poles. 23. The Following Development Standards shall apply to all development on portions of the Property, which are identified as Development Parcels "6 and 7" on the Master Plan attached hereto as Exhibit "C ". 1. PERMITTED USES: The following principal uses are permitted: All C -1 General Commercial uses identified in the City of Round Rock Zoning Ordinance except for uses listed in Paragraph 2, below. 2. PROHIBITED USES: The following uses are prohibited on the property: cell towers and other towers over thirty (30') feet in height, mini - warehouses, flea markets, sexually oriented businesses, portable buildings sales except as incidental to other retail sales, amusement parks or camivals, wholesale nurseries, recreational vehicle parks, outdoor shooting ranges, pawn shops, heavy equipment sales, kennels (but not prohibiting pet shops and veterinary clinics with overnight facilities), vehicle sales, auto body and paint shops and truck stops. 3. OUTDOOR SALES & DISPLAYS DEVELOPMENT PARCELS "6 and 7" / UL. ( _ LD VE /P Outdoor sales and displays are permitted in conjunction with the use of a building only in areas designated on the site plan filed with the City for such building. Outdoor sales and displays are further limited to outdoor cafes and outdoor dining areas that: (i) are located and operated as an integral part of the principal use, and (ii) do not comprise a separate business use or a separate business activity. Parking requirements contained in the Code will apply to all outdoor cafes and dining areas in the same manner that such requirements apply to enclosed buildings. 4. PROHIBITED BUILDING MATERIALS: The following materials are prohibited on the exterior walls of all buildings and structures (this section does not apply to roofs): Sheet metal, corrugated metal, and unfinished Aluminum Asbestos 24. 5. SERVICE & LOADING AREAS: 5.1 Screening Required: No dock high loading area is permitted unless such area is visually screened from public view. 5.2 Delivery Vehicles: All delivery and utility vehicles stored on -site must be inside a closed building or within a screened portion of the site. 5.3 Service Areas: Service areas will be screened from adjacent tracts and all public rights -of —way. Methods of screening include walled entrances, evergreen landscaping, and depressed service areas. 5.4 Loading areas: All loading and service areas must be clearly signed. Loading spaces must be clearly denoted on the pavement and designed so as not to prohibit on -site vehicular circulation when occupied. Loading spaces will be located directly in front of a loading door. Loading areas must be designed to accommodate backing and maneuvering on -site, not from a public street. Regardless of orientation, loading doors may not be located closer than fifty feet (50') from a public or private right -of -way. 5.5 Trash Storage Galvanized Steel Mirrored Glass (reflectivity of 20% or more) Refuse storage enclosures are required for all buildings. Enclosures must be of sufficient height to completely screen all refuse containers, so as to provide screening of views from adjacent lots and public rights -of -way. All enclosures must be constructed of permanent materials (concrete, masonry, wood, etc.) which are compatible with the building it serves. Refuse storage areas must be designed to contain all refuse generated on -site between collections. 5.6 Street Level Mechanical Equipment: 25. All ground- mounted service equipment (e.g., air conditioners, transformers, trash collection equipment) related to each building will be consolidated in an enclosed service area. Landscaping will be used to soften the visual appearance of the walls enclosing the service area. Service areas must be paved, curbed, and intemally drained. 5.7 Roof Mounted Mechanical Equipment: All roof mounted mechanical elements must be screened from view from the public right -of- way and Development Parcels 1, 2 and 3. Screening must be compatible with the building design. 6. LANDSCAPING: 6.1 Landscape Easement: 6.1.1 Easement adjacent to public streets: A thirty-five foot (35') wide landscape easement shall be provided adjacent to Warner Ranch Road as generally identified on Exhibit "C ". All areas located within these Landscape Easements shall be used solely for the purpose of landscaping, except for sidewalks, driveways, lighting, monument signs, irrigation, entry features, underground utilities, meters, utility structures and equipment required to provide utilities to the Property. This will be credited against Street Yard Landscape requirements. 6.1.2 Easement adjacent to Louis Henna Boulevard: The one hundred fifty foot (150') right of way dedication for State Highway 45 shall permit a landscape and irrigation easement which would allow the Owner the right, but not the obligation, to landscape and maintain landscaping within the dedicated right of way, until such time as the property is actually required for highway construction. A license agreement covering the terms of the easement shall be required prior to the Owner landscaping any portion of the right of way. This easement shall be provided at no cost to the Owner. 6.1.3 Easement adjacent to Ja77 Street: A twenty -five foot (25') landscape easement shall be provided adjacent to Jazz Street as generally identified on Exhibit "C ", attached hereto. All areas located within these Landscape Easements shall be used solely for the purpose of landscaping, except for sidewalks, driveways, lighting, monument signs, irrigation, entry features, underground utilities, meters, utility structures and equipment required to provide utilities to the Property. This will be credited against Street Yard Landscape requirements. 6.2 Boulevard Trees: Boulevard trees shall be planted within the landscape easement adjacent toWamer Ranch Road. The boulevard trees shall be planted prior to the issuance of a Certificate of Occupancy for the first multi - family building on development parcels 1, 2 or 3. This requirement includes Boulevard trees along the entire Warner Ranch Road frontage of the development parcel for which the Certificate of Occupancy is issued. If development parcels 26. 6 or 7 are developed prior to development parcels 1, 2 or 3, the required Boulevard Trees adjacent to that development parcel shall be constructed as part of that development. Boulevard trees shall be planted thirty feet (30') apart. Boulevard trees shall have a minimum caliper size of 2.5- inches and be selected from one of the following species; Live Oak, Bur Oak, Shumard Oak, Cedar Elm, Bradford Pear, Pecan or Chinkapin Oak. 6.3 Open Space: All parcels for which a building permit and a Certificate of Occupancy have been issued and which do not contain buildings, structures, parking lots, sidewalks, fountains, site furniture or other improvements, including, but not limited to, front, side and rear building set back areas, and all areas between the curb line and the property line, must be planted, landscaped, and maintained in good condition. The landscape planting must provide for easy maintenance. Utility easements will be landscaped consistent with other landscape areas where allowed by the respective utility company. 6.4 Rights of Way: Areas within the road right -of -way must be landscaped and irrigated only in accordance with a license agreement with the City. 6.5 Grass: All landscaped areas not in groundcover or shrub beds will be planted in grasses, preferably sod. Overseeding in fall with cool season native grasses is allowed. 6.6 Irrigation: An underground, automatic irrigation system must be installed in all landscaped areas. Sprinkler heads must be located to effectively water the landscaped areas with minimal spray onto roadways, parking areas and walkways. 6.7 Parking Areas: In all vehicular use areas and parking areas, a minimum of ninety (90) square feet for each twelve (12) parking spaces must be devoted to landscaped strips, islands. peninsulas, medians, or other landscaped areas (the "Minimum Parking Area Landscaping Requirement "). As partial fulfillment of the Minimum Parking Area Landscaping Requirement, any parking area containing five or more parking rows of double vehicle depth will include a landscaped strip no less than ten feet (10') wide at least every fourth parking row of double vehicle depth. The landscaped strip will be installed with trees planted no less 27. than every sixty (60) linear feet. This shall be credited against Street Yard Landscape requirements and other applicable landscape requirements. 7. UTILITY LINES: All utility service lines must be underground to connection points provided by the utility service provider. All transformers must be screened. 8. DESIGN STANDARDS: 8.1 Height: The maximum height of buildings on the property shall be sixty feet (60') (as specified in the C -1 General Commercial Zoning District). 8.2 Building Setbacks: 8.2.1 Minimum building setbacks from the Warner Ranch Road identified on Exhibit "C" shall be Thirty -five (35') feet. 8.2.2 Minimum building setbacks from any other public streets shall be twenty -five feet ( 8.2.3 Minimum building setbacks from all internal property lines shall be twenty feet (20'). 8.3 Phased Development: 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. 9. SPECIAL PROVISIONS FOR JAZZ STREET Trucks larger than one ton shall be prohibited from using the Jazz Street driveway to Parcel 7, identified on Exhibit "C ", attached hereto. 10. PARKING LOT LIGHTING All light fixtures shall be shielded or hooded so that light is directed downward to minimize excessive glare and sky glow pollution. Light standards shall be metal poles. 28. 1. DEVELOPMENT STANDARDS: 2. LANDSCAPE EASEMENT: DEVELOPMENT PARCEL "8" PARK PARCEL Development Parcel "8 ", as generally identified on Exhibit "C ", shall be developed for public or private recreational uses and open space. Development standards shall be those standards contained in the OS (Open Space) Zoning District. An additional thirty-five foot (35') wide landscape easement shall be provided adjacent to the Collector Street. This will result in a total landscape easement of seventy feet (70'). A twenty -five foot (25') wide landscape easement shall be provided along the southem boundary of Parcel 7 for the purpose of providing additional screening of commercial uses on Parcel 7 from park uses on Parcel 8. 3. BOULEVARD TREES: Boulevard trees shall be planted within the landscape easement adjacent toWarner Ranch Road. Boulevard trees shall be planted thirty feet (30') apart. Boulevard trees shall have a minimum caliper size of 2.5- inches and be selected from one of the following species; Live Oak, Bur Oak, Shumard Oak, Cedar Elm, Bradford Pear, Pecan or Chinkapin Oak. Boulevard trees shall be planted prior to the first Certificate of Occupancy for multi family development on development parcels 1, 2 or 3. 29. 1. DEVELOPMENT STANDARDS: DEVELOPMENT PARCEL "9" SINGLE FAMILYRESIDENTL4L PARCEL Development Parcel "9 ", as generally identified on Exhibit "C ", shall be developed for Single family Residential uses as permitted in the City of Round Rock SF -2 Zoning District. Development standards for this development shall be those contained in the SF -2 Zoning District. 2. LANDSCAPE EASEMENT: A twenty (20') foot wide landscape easement shall be provided between the single - family residential lots and the Warner Ranch Road identified on Exhibit "C ". All areas located within the landscape easements shall be used solely for the purpose of landscaping, except for sidewalks, driveways, lighting, irrigation, underground utilities, meters, utility structures and equipment required to provide utilities to the Property. 3. BOULEVARD TREES: Boulevard trees shall be planted within the landscape easement adjacent to the Collector Street. Boulevard trees shall be planted thirty feet (30') apart. Boulevard trees shall have a minimum caliper size of 2.5- inches and be selected from one of the following species; Live Oak. Bur Oak, Shumard Oak, Cedar Elm or Bradford Pear. Boulevard trees shall be planted prior to the issuance of the first building permit for single family development. 4. MINIMUM HOME AND LOT SIZE: The minimum home size exclusive of garages shall be 1,400 square feet. The minimum lot size shall be 6,500 sq. ft. 5. PROTECTION OF EXISTING TREES: The existing trees located along the common boundary between Parcel 9 and the Remington Heights Subdivision shall be protected during the platting and construction of the subdivision of Parcel 9. A tree survey shall be submitted with the final subdivision plat. 30. HEME IDENTIFICATION/ ENTRY IGNAGE AT MAJOR ENTRY EXHIBIT "E" . 45/ LOUIS HENNA R.O.W. EXHIBIT "E" 1LJJ PIN NEC DED OFFICIAL PUBLIC RECORDS 11-09-1999 11:45 AM 199976018 NANCY E.MRISTTE $137.00 CLERK WILLIAMSON COUNTY, TEXAS Atutiyu /19 CITY OF ROUND ROCK ADMINISTRATION 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664 THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK I, CHRISTINE MARTINEZ, 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 -99- 08-12-9B6 which was passed and adopted by the City Council of the City of Round Rock, Texas, at a meeting held on the 12th day of August 1999 as recorded in Book 41 of the City Council minutes of the City of Round Rock on Pages 154 -155. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 9th day of November 1999. 199976010 65 P (OS CHRISTINE MARTINEZ Assistant City Secretary ¢, \WPDOCS \OBDINM C \090B12B6.MPD /ede ORDINANCE NO. Z - q- 08- )2- go Co AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.305(2), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO ZONE 139.833 ACRES OF LAND OUT OF THE ASA THOMAS SURVEY, ABSTRACT 609, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS PLANNED UNIT DEVELOPMENT (PUD) NO. 42. WHEREAS, an application has been made.to the City Council of the City of Round Rock, Texas to amend the Official Zoning Map to zone the property described in Exhibit "A" as Planned Unit Development (PUD) No. 42, said exhibit being attached hereto and incorporated herein, and WHEREAS, the City Council has submitted the requested change in the Official Zoning Map to the Planning and Zoning Commission for its recommendation and report, and WHEREAS, the Planning and Zoning Commission held a public hearing concerning the requested change on the 28th day of July, 1999, 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 PUD No.42, and WHEREAS, on the 12th day of August, 1999, after proper notification, the City Council held a public hearing on the requested amendment, and WHEREAS, the City Council determines that the zoning provided for herein promotes the health, safety, morals and protects and preserves the general welfare of the community, and WHEREAS, each and every requirement set forth in Chapter 211, Sub- Chapter A., Texas Local Government Code, and Section 11.300, Code of Ordinances (1995 Edition), City of Round Rock, Texas concerning public notices, hearings, and other procedural matters has been fully complied with, Now Therefore BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT: That the City Council has hereby determined the Planned Unit Development (PUD) No.42 meets the following goals and objectives: (1) The development in PUD No.42 is equal to or superior to development that would occur under the standard ordinance requirements. (2) P.U.D. No. 42 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) P.U.D. No. 42 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. 2. (4) P.U.D. No. 42 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. 42 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. H. That the Official Zoning Map adopted in Section 11.305(2), Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended so that the zoning classification of the property described in Exhibit "A ", attached hereto and incorporated herein shall be, and is hereafter designated as Planned Unit Development (PUD) No. 42, and that the Mayor is hereby authorized and directed to enter into the Agreement and Development Plan for PUD No. 42 attached hereto as Exhibit "B ", which agreement shall govern the development and use of said property. IR. 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. 3. 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 I d day 1999. Alternative 2. READ and APPROVED on first reading this the day of , 1999. READ, APPROVED and ADOPTED on second reading this the day of ATTEST: 9q1NND LAND, City Secretary effeermz iviA,trhusz, AssY ii.... +10 R• W . STL ' , JR. r ayor City of Round Rock, Texas 4. EXHIBIT "A" [Property Description] 11. TRACT I 138.543 ACRES OF LAND DESCRIPTION FIELD NOTES FOR. 138.543 ACRES OF LAND SITUATED IN THE MEMUCAN HUNT SURVEY, ABSTRACT NO. 314 THE WM. BARKER SURVEY, ABSTRACT NO. 107, WILLIAMSON COUNTY, TEXAS, AND 113E WM. BARKER SURVEY, ABSTRACT NO. 109, TRAVIS COUNTY, TEXAS; BEING OUT OF TRACT ONE CALLED 141.27 ACRES CONVEYED BY BILLY WRAY GLENN et al, TO ROUND ROCK INDUSTRIAL PARK IN DEED FILED FOR RECORD FEBRUARY 29, 1984 IN VOLUME 980, PAGE 925, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID TRACT ONE CALLED 141.27 ACRES BEING A PORTION OF TEIRD TRACT CALLED 44 ACRES CONVEYED BY HEDDA BLAD et al TO G. W. GLENN IN DEED FILED FOR RECORD DECEMBER 15, 1931 IN VOLUME 260, PAGE 368, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS AND A PORTION OF A CALLED 152.5 ACRE TRACT CONVEYED BY BEI Hr. E. GLENN TO BILLY WRAY GLENN IN DEED FILED FOR RECORD SEPTEMBER 27, 1966 IN VOLUME 490, PAGE 534, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 138.543 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a % inch iron rod found at the base of an 18 inch elm tree used for a fence ccaner post, for the northeast comer of REMINGTON HEIGHTS, PHASE 1, SECTION A, according to the map or plat thereof recorded in Cabinet N, Slide 238 -240, Plat Records of Williamson County, Texas, and an ell corner in the west line of the herein described tract, from which a 'h inch iron rod found at the base of said 18 inch elm tree, bears N 35 °50' W, a distance of 1.71 feet THENCE, along the westerly line of said Tract One called 141.27 acres, and with the north line of said REMINGTON HEIGHTS, PHASE 1, SECTION A and the westerly fine of the herein described tract, S 87°39'50^ W (called S 87°20'30' W), a distance of 249.69 (249.00) feet to a 14 inch iron rod found for an alt corner in the west line of said Tract One called 141.27 acres, the southeast corner of a called 0.92 acre tract conveyed by Milburn Investments, Inc. to Round Rock Industrial Park in deed filed for record January 2, 1996 in Document No. 9600209 Official Records of Williamson County, Texas, from which a 'h inch iron rod found for the southwest corner of said 0.92 acre tract and the southeast corner of the remainder of Tract Two called 1.64 acres conveyed by Billy Wray Glenn et al, to Round Rock Industrial Paris in said deed filed for record February 29, 1984 in Volume 980, Page 925, Official Records of Williamson County, Texas, bears, 5 86 °50'59' W, a distance of 51.25 feet; THENCE, with the went line of said Tract One called 141.27 acres, the east line of said 0.92 acre tract and west line of the herein described tract, N 14 °09'55" W (called N 14°09' W), a distance of 808.85 (called 808.67) feet to a 1 inch iron rod set in the existing south right of way line of Louis CAI - 239-0210.02 Page 1 of 6 Henna Boulevard (formerly Imam as County Rnad No. 170) (right of way width varies), for the northwest corner of said Tract One called 141.27 acres, the northeast of said 0.92 arm tract and the northwest corner of the herein dascnbcd tract, from which a 'A inch iron rod found for the northeast comer of the remainder ofsaid Tract Two called 1.64 acres and the northwest corner of said called 0.92 acre tract, bears S 77 °4420" W, a distance of 50.17 feet; THENCE, with the exerting south right of way line of Louis Hama Boulevard (formerly known as County Rnad No. 170) (right of way width maim), the north line of said Tract One called 141.27 acres and the north line of the herein daacdhed tract, N 72°27'52" E (called N 72°2730" E), a distance of 262.72 feet to a inch iron rod found at the beginning of a non-tangent curve to the right for the west corner of a called L616 acre coact, conveyed by Round Rock Industrial Park to Williamson County, Texas in Correction Deuficatnon of Right of Way filed for record March 11, 1988 in Volume 1 639, Page 420, Official Records of Williamson County, Terns, for an angle corner in the north line of the herein described tract; THENCE, over and across said Tract One called 14127 acres, with the coffin line of said Louis HeOa Boulevard (formerly ]mown as County Road No. 170) (right of way width varies), said called 1.616 acre tract and the herein descrbed tract the following four (4) courses and distances; I) with said non - tangent curve to the right having a cemral angle of 02 °2748 ", a radius of 3260.57 feet, an arc Length of 140.19 feet, and a chord bearing and distance of N 81 °19'03" E, 140.18 feet to a loch iron rod found at the end of said carve, 2) N 82°25'39" E, a distance of 390.65 feet to a 'h inch iron rod found at the beginning of a curve to the left; 3) with said curve to the left having a central angle of 10 °4217", a radius of 2182.60 feet, an arc length of 408.10 feet, and a chord bearing and distance of N 77°10'25" E, 407.50 feet to a ''A inch iron rod found for at the end of said curve, from which a 'A inch iron rod found, bears N 82 °11' E, a rlie °nr. of 0.13 feet; 4) N 71°22'15" E, a distance of 11.16 feet to a'/x inch iron rod frond in the existing southwest right of way line of County Road No. 170 (right of way width varies), the northeast line of said Tract One called 141.27 acres, for the southeast comer of said called 1.616 acre tract and the north comer of the herein described tract, from which a inch inn rod found, bears S 57 °50 E, a distance of 0.26 feet; THENCE, with the existing southwest right of way line of said County Road No 170 (right of way width varies), the northeast line of said Tract One called 141.27 acres and the northeast line of the herein descrlbed tract the following three (3) courses and distances; 1) S 51 °43'28" E (called S 51 °43'30" E), a distance of 618.37 Sect to a 'h inch iron rod found for an angle corner, 2) S 51 °5732" E (called S 51 °56'30" E), a distance of 174.59 (called 174.86) feet to a'4 inch iron rod found for an angle corner, 3) S 51 °49'18" E (called S 51°50' E), passing a 'h inch iron rod found at a distance CAI- 239 - 0210.02 Page 2 of 6 NCI of 176.23 and continuing fora total distance of 261.55 (called 261.69) feet to a ''A inch iron rod hound for the northwest comer of a called 5.04 acre tract of land conveyed by Billy Wray Glenn to Tommy Dale Arnold in deed fled for record in Volmne 686, Page 241, Deed Records of Williamson County, Texas, for the northeast corner of said Tract One called 14117 acres and the northeast corner of the herein described tract, from which a concrete mommient found in the existing southwest right of way line of said County Road No. 170 (right of way width varies), for the northeast corner of said called 152.5 acre trnct, and the approximate northwest of a called 1.52 acre tract conveyed by Fritz Ganxert to Adolf Priem in deed Med for record in Volume 2058, Page 239, Deed Records of Travis County, Texas, bears, S 51 °43'33" E, a distance of 1135.93 fiat; THENCE, continuing with the northeast line of said Tract One called 141.27 acres, the northeast line of the herein deserted tract and the westaiy line of said called 5.04 acre tract, the following two (2) courses and distances; 1) S 30°05'30" W (called S 30 °03' W), a distant of 438.96 (called 439.00) feet to a 55 inch iron rod found bent and replaced for the southwest corner of said called 5.04 acre tract; 2) S 59 °54'30" E (called S 59 °57' E), passing a point in the westerly lore of a 50 foot wide access road easement (known as Glenn Drive), as described in the following instruments filed for record in; Volume 681, Page 797, Volume 715, Page 929, Volume 686, Page 241, Volume 763, Page 777, Volts 787, Page 776, Volume 912, Page 135, Volume 917, Page 70I aid Vohme 917, Page 708, Deed Records of Williamson County, Texas at a distance of 524.66 fret and continuing for a total distance of 549.66 (called 549.84) feet to 'A inch iron rod found bent and replaced in the centerline of said 50 foot wide access road easement (known as Glom Drive), in the westerly line of a called 5.15 acre tract conveyed to L C. Schwartz, in deed filed for record in Volume 659, Page 405, Deed Records of Williamson County, Texas, for an ell corner in the northeast lie of said Tract One called 141.27 acres, an ell comer in the northeast line the herein described tract and for the southeast corner of said called 5.04 ace tract THENCE., continuing with the northeast line of said Tract One called 141.27 acres, the northeast line of the herein described tract, the centerline of said 50 foot wide acc road easement (known as Gleam Drive), and the northwest line of said 5.15 acre tract, S 30°02'46" W (called S 30 °11' W), a distance of 109.36 (called 109.47) feet to 'i inch iron rod found, for an ell corner in the northeast line of said Tract One railed 141.27 acres, an ell corner in the northeast line of the herein described tract and the southwest corner of said called 5.15 acre tract; THENCE, coitiiming with the northeast Inc of said Tract One called 141.27 acres, the northeast line of the herein described tract, and the South line of said called 5.15 acre tract, S 59 °52'46" E (called S 59°54'30" E), passing '4 inch iron rod found in the easterly line of said 50 foot wide access road easement (known as Glenn Drive) at a distance of 25.01 feet, from said 'A inch iron rod a'1z inch iron rod found, beam S 04°0l' W, a distance of 0.55 feet and continuing fora total distance of 574.66 (called 574.91) feet to a se inch iron rod found in the east line of said called 1525 acre tract, in the west Erie of said called 1.52 acre, for the east carver of said Tract One CAI - 239 - 0210.02 Page 3 of 6 »> ...CJ u, • called 141.27 arses, for the east corner of the herein desm'hed tract and for the southeast corner oink' called 5.15 acre tract, from which said concrete monument found for the northeast corner of said called 152.5 acre tract, bears, N 30 °11'39" E, a distance of236.92 feet and N 29°54'56" E, a distance of 150.02 feet; THENCE, with the easterly fine of said Tract One called 141.27 ernes, the easterly lice of said called 152.5 acre tract, the westerly line of said called 1.52 acre tract and the easterly line of the herein described tract, S 30°0021" W (called S 30°07 W), a distance of 386.14 (called 386.20) &°et to a ci inch iron rod found for the northeast corner of a called 5.11 acre tract conveyed by Billy Wray Glenn to James Burrows in deed filed for record June 15, 1978 in Volume 715, Page 929, Deed Records of Williamson County, Texas, for an ell corner in the easterly line of said Tract. One called 141.27 acres and for an ell corner in the easterly line the herein descriled tract; THENCE, continuing with the easterly line of said Tract One called 14127 acres, the easterly foe of the herein descnbed tract and the northerly, westerly and southerly line of said called 5.11 acre tract, the following three courses and distances; 1) N 59°58'53" W (called N 60°00' W), passing a point in the easterly lire of said 50 foot wide access road easement (known as Glean Drive) at a distance of 549.93 feet, and continuing for a total distance of 574.93 (called 574.91) feet to a inch iron rod found bent and replaced in the centerline of said 50 foot wide access road eased (known as Glean Drive) for the northwest comer of said called 5.11 acre tract and for an ell corner; 2) with the centerfrne of said 50 foot wide access road easement (known as Glean Drive), S 30°0246" W (called S 30°02'30" W), a distance of 386.77 (called 386.84) fret to a i4 inch iron rod found for the southwest corner said called 5.11 acre tract and far an ell comer; 3) S 59°57'49" E (called S 59 °59' E), passing a point in the westerly lime of said 50 foot wide access road easement ({mown as Glenn Drive) at a distance of 25.00 feet, and continuing for a total distance of 575.00 (called 574.91) feet, a si inch iron rod found in the east line of said called 1525 acre tract, in the west line of a said called 1.52 acre, for the southeast corner of said called 5.11 acre tract and for an ell corner of said Tract One oiled 141.27 aces and an ell corner of the herein described tract ; THENCE, continuing with the easterly line of said Tract One called 141.27 acres, the easterly lime of said called 152.5 acre tract, the westerly line of said called 1.52 acre tract and the easterly line of the herein described tract, S 29°58'43" W (called S 29°58' W), a distance of 1160.57 (called 116054) feet to a ci4 inch iron rod found for this northeast corner of a called 5.35 acre tract conveyed by Glean Drive Ventures to Matt A, Lasater et tent in deed flied for record September 1, 1995 in Document No 9538506, Official Records of WiDiamson County, Texas, for the south corner of said Tract One called 14127 acres and the south corner of the herein described tract; THENCE, with the southwest line of said Tract One called 141.27 acres, the northerly line of said called 5.35 acre tract, the northerly line of a called 5.19 acre tract conveyed by T. J. Davidson to 'raj Eric Slrabavndi et inc. in deed fled for record May 19, 1993 in Vohmme 2304, Page 345, Official Records of Williamson County, Texas, N 59°5614" W (called N.59 °57'00" W), passing a CAI- 239 -0210.02 Page 4 of 6 IAN li4 inch iron rod found in the easterly line of said 50 foot wide access road eat (known as Glenn Drive) at a distance 551.37 feet, passing a point in the centeatme of said 50 foot wide road easement, for the northwest corner of said called 5.35 acre tract and the northeast corner of s aid called 5.19 acre tract at a distance 57637 feet, and coammring with the centerline of said 50 foot wide road easement for a total dista=e of 1126.60 (called 1126.51) fiat to a 3 i a inch iron rod found for the northwest wore of said called 5.19 acre tract, for an ell comer in the southwest line of said Tract One called 14127 acres and for an ell corner in the southwest line of the herein described tract; THENCE, continuing with the southwest line of said Tract One tailed 14127 ass, the west line of said called 5.19 ace tract and the southwest line of the herein described tract and crossing said 50 foot wide road easement, S 30°02'21" W (called S 30°01' W), pig the southwest line of said 50 foot wide road easement at a distance of 25.0 feet and continuing for a total distance of 410.40 (called 410.46) feet to a'i4 inch iron rod found in the southerly rne of said called 1525 acre tract, in the northerly fine of Tract 2 salted 41.702 acres, conveyed by Texas Commercial Bank - Austin National Association to F- Victoria L. P. in decd filed for record September 2, 1992 in Volume 2186, Page 208, Official Records of Williamson County, Texas, for an ell corner in the southwest roe of said Tract One called 141.27 acres, for an ell comer in the southwest line oldie herein described tract and the southwest comer of said called 5.19 acre tract and THENCE, continuing with the southwesterly line of said called 152.5 ace tact, the southwesterly roe of said Tract One called 141.27 acres, the northerly fine of said Tract 2 called 41.702 acres and the southwesterly roe of the herein described tract the following two (2) courses and distances; 1) N 60°28'05" W (called N 60° 2230" W), a distance of 125.63 feet to a 14 inch iron rod found for an angle corner, 2) N 59°47'00" W (bearing basis), passing a inch iron rod found at a distance of 29135 fret, passing a 14 bleb iron rod found at a distance of 1001.05 fiat, and continuing for a total distance of 1046.17 (called 1046.10) feet to a 14 inch iron rod set in the easterly foe of Breaux Lane (50' right of way width), as dedicated by REMINGTON HEIGHTS PHASE 2, SECTION B, according to the map or plat thereof recorded in Cabinet 0, Slide 392 -393, Plat Records of Williamson County, Texas, for the southwest corner of said Tract One called 14127 acres, for the southwest comer of the herein described tract and for the northwest corner of said Tract 2 called 41.702 aces, firm which a 44 inch iron rod found for the southeast comer of said REMINGTON HEIGHTS PHASE 2, SECTION B and the northwest corner of the reamer of Tract 12 called 68.794 acres conveyed by Resolution Trust Corporation to Melee W. Ayer in deed fled far record March 18, 1993 in Volume 2271, Page 354, Official Records of Williamson County, Texas and filed for record February 8, 1993 in Volume 11868, Page 121, Real Property Records of Travis County, Texas, bears, S 30'13'50" W, a distance of 168.44 feet; THENCE, with the easterly line of said REMINGTON HEIGHTS PHASE 2, SECTION B, the easterly lime of REMINGTON HEIGHTS PHASE 1, SECTION B, according to the map or plat thereof recorded in Cabinet 0, Slide 18 -20, Plat Records of - Williamson County, Texas, the CAI- 239 - 0210.02 Page 5 of 6 IL= u" :ter it - 17 '7 :1;41 wrvi��ivwvtiI 'LL.LV .Itil. easterly line of said REMINGTON HEIGHTS AIME 1, SECTION A, and the westerly line of the hereon described tract and along the west line of said Tract One called 14117 awe and the west line of said called 152.5 acre tract, N 30°06'04" E (called N30 °02'00" E), passing a 'A inch iron rod found at the northeast corner of said Breaux Lane (50' right of way width) and the southeast corner ofI.ot 31, Block B of said REMINGTON HEIGATS PHASE 2, SECTION B, at a distance of 12.36 feet, passing a 54 inch iron rod .found for the northeast arm of said REMINGTON HEIGHTS PHASE 2, SECTION B and the southeast corner of said REMINGTON HEICi TTS PHASE 1, SECTION B at a distance of 624.06 feet, passing a 'h inch iron rod found for the northeast corner of said REMINGTON FffIGHTS PHASE 1, SECTION B and the southeast corner of said REMINGTON HEIGHTS PHASE 1, SECTION A at a distance of 1024.06 feet, and continuing for a total distance of 1789.25 (called 1789.74) feet to the POINT OF BEGINNING containing 138.543 acres of land, more or less, within the metes and bounds Reference is herein made to map or plat of this 138.543 we tract accompanying this field note description Bearing Reference: The southwest line of Tract One called 141.27 acres conveyed. by Billy Wray Glom et al, to Rand Rock Industrial Park in deed filed for record February 29, 1984 in Voltene 980, Page 925, Official Records of Wiliamson County, Texas (N 59 I hereby certify that this description was prepared from the results ofa survey made on the ground under my supervision. CAI- 239 - 0210.02 Page 6 of 6 vuclr TRACT II 0363 ACRES OF LAND DESCRIPTION FIELD NOTES FOR 0363 ACRES OF LAND SITUATED IN TAE MEMUCAN HUNT SURVEY, ABSTRACT NO. 314, WILLIAMSON COUNTY, TEXAS, BEING OUT OF TRACT TWO CALLED L64 ACRES CONVEYED BY BILLY WRAY GLENN et al, TO ROUND ROCK INDUSTRIAL PARK IN DEED FILED FOR RECORD FEBRUARY 29, 1984 IN VOLUME 980, PAGE 925, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID L64 ACRE TRACT BEING A PORTION OF THIRD TRACT CALLED 44 ACRES CONVEYED BY HEDDA BLAD et al TO G W. GLENN IN DEED FILED FOR RECORD DECEMBER 15, 1931 IN VOLUME 260, PAGE 368, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 0.363 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at point in the existing easterly tight of way line of Jazz Street (70' right of way width), as dedicated by REMINGTON HEIGHTS, PHASE 1, SECTION A, according to the map or plat thereof recorded in Cabinet N, Slide 238- 240, Plat Records of Williamson County, Texas, in the south line of said Tract Two called 1.64 acres, for the southeast corner of a called 1.27 acre tract conveyed by Round Rock Industrial Park to Milburn Investments, Inc., in deed filed for record January 2, 1996 in Document No. 9600204, Official Records of Williamson County, Tams, for the northwest corner of Lot 1, Block A of said REMINGTON HEIGHTS, PHASE 1, SECTION A, and for the southwest corner of the herein described tract, from which a A inch iron rod set, bears, S 36 °53' F., a &stance of 0.27 feet and from which a % inch iraa rod found in the existing westerly right of way line of said Jazz Street (70' right of way width) and for the northeast corner of Lot 30, Block G, of said REMINGTON HEIGHTS, PHASE 1, SECTION A, bears, S 87°15'42' W, a distance of 71.72 feet; THENCE, over and aaosa said Tract Two called 1.64 acres, with the existing easterly right of way line of Jazz Street (70' right of way width), the easterly line of said caned 1.27 acre tract and the westerly line of the herein described tract, N 14°0913" W, a distance of 797.30 feet to a 1 inch iron rod set in the existing south right of way line of Louis Henna Boulevard (formerly known as Comity Road No. 170) (right of way width .caries), for the northeast corner of said Jazz Street (70' right of way width), for the northeast corner of said called L27 acre tract and for the northwest corner of the herein described tract THENCE, with the miming south right of way line of said Louis Henna Boulevard (formerly known as County Road No. 170) (right of way width varies), the north fine of said Tract Two caned 1.64 acres and the north fine of the herein described tract, N 77°51'59" E (called N 77°55' E), a distance of 19.82 feet to a A inch iron rod found for the northeast corner of said Tract Two called 1.64 acres, the northwest comer of said called 0.92 acre tract and the northeast comer of the herein described tract, from which a 'A inch iron rod set for the northwest corner of CAI - 239 - 0210.02 Page 1 of 2 Tract One called 141.27 acres conveyed by Billy Wray Glenn et al, to Round Rwdr Industrial Park in deed filed for record February 29, 1984 in Volume 980, Page 925, Official Records of Williamson County, Texas and the northeast comer of said called 0.92 acre tract, bears, N 77°44'20" E, a distance of 50.17 feet THENCE, , with the east lime of said Tract Two called 1.64 acres, the west line of said called 0.92 acre tract and the east Gne of the herein descmbed tract, S 14°09'13" E (tailed S 14°09' E), a distance of 800.73 (called 800.70) feet to a ''A inch iron rod found in the north line of said Lot 1, Block A, REIWNGTON HEIGHTS, PHASE 1, SECTION A, for the sotheast corner of said Tract Two called L64 acres, the southwest corner of said called 0.92 acre tract and the southeast corner of the herein descried tract, from which a'fs inch iron rod found for an ell corner of said Tract One called 14127 acres and the southeast corner of said called 0.92 acre tract, bears N 86°50'59" W, a distance of 51.25 feet; THENCE, with the north line of said Lot 1, Block A, RENIINGTON HEIGHTS, PHASE 1, SECTION A, the south line of said Tract Two called 1.64 acres and the south line of the herein described tract, S 87°36'54" W (called S 87°22" W), a distance 0( 20.23 feet to the POINT OF BEGINNING, containing 0.363 acres oflavd, mare or less, within these metes and bounds Reference is herein made to map or plat of this 0.363 acre tract accompanying this field note description. Bearing Reference: The westerly line of Tract One called 141.27 acres conveyed by Bilty Wray Glenn et al, to Round Rock Industrial Park in deed filed for record February 29, 1984 in Volume 980, Page 925, Official Records of Williamson County, Texas. I hereby certify that this description was prepared from the results of a survey made on the ground under my supervision. CAI - 239 - 0210.02 Page 2 of 2 $EP-15 -1999 11:43 1 J 41 Nl;i -U4N -1. LIEN & TRACT HI DESCBBM ON :',12 127 2973 P.ili11 0.928 ACRES OF LAND FIELD NOTES FOR. 0.928 ACRES OF LAND SITUATED IN THE MEMUCAN HUNT SURVEY, ABSTRACT NO. 314, WILLIAMSON COUNTY, TEXAS, BEING ALL OF A CALLED 092 ACRE TRACT CONVEYED BY MILBURN INVESTMENTS, INC. TO ROUND ROCK INDUSTRIAL PARK IN DEED FILED FOR RECORD JANUARY 2, 1996 IN DOCUMENT NO. 9600209, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 0.92 ACRES BEING A PORTION OF A CALLED 40.464 ACRE TRACT OF LAND CONVEYED BY MICHAEL W. AYER TO MILBURN INVESTMENTS, INC., IN DEED FILED IN DOCUMENT NO. 9546338, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 40.464 ACRES BEING A PORTION OF TRACT 12 CALLED 68 794 ACRES CONVEYED BY RESOLUTION TRUST CORPORATION TO MICHAEL W. AVER IN DEED FILED FOR RECORD MARCH 18, 1993 IN VOLUME 2271, PAGE 354, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS AND FILED FOR RECORD FEBRUARY 8, 1993 IN VOLUME 11868, PAGE 121, REAL PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS; SAID 0.928 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 'A inch iron rod found in the north line of Lot 2, Block A, REMINGTON HEIGHTS, PHASE 1, SECTION A, acoarding to tte map or plat thereof recorded in Cabin' NN, Slide 238 -240, Plea Records of Williamson County, Texas, for an di corner of Tract One called 141.27 acres, conveyed by Bffiy Wray Glenn et al to Round Rock Industrial Park in deed filed for record February 29, 1984 in Volume 980, Page 925, Official Records of Williamson County, Texas, for the southeast corner of said called 0.92 acre tract and the southeast corner of the herein described tract, from which a P. inch iron rod found at the base of an 18 inch tree used for a fence corner post, for the northeast corner of said REMINGTON HEIGHTS, PHASE 1, SECTION A and for an ell corner in the west fur of said Tract One called 141.27 acres, bears, N8D39'50" E, a distance of 249.69 feet THENCE, with the north line of said Lot 2, Block A, the north tine of Lot 1, Block A of said REMINGTON HEIGHTS, PHASE I, SECTION A, S 86 °50'59' W (called S 86 °48'04' W), a pce of 51.25 (called 51.24) feet a inch iron rod found for the southeast corner of the remainder of Tract Two called 1.64 acres, conveyed by Bitty Wray Glean et al to Round Rock Industrial Park in deed filed for record February 29, 1984 in Volume 980, Page 925, Official Records of Williamson County, Terms, for the southwest corner of said called 0.92 acre tract and the southwest corner of the herein described tract, from which a 'h inch iron rod found in the south fine of said Tract Two called 1.64 acres, in the existing easterly right of way fine of Jar Street (70' right of way width), as dedicated by said REMINGTON HEIGHTS, PHASE 1, SECTION A, for the northwest corner of said Lot 1, Block A and the southeast corner of a called CAI - 239 - 0210.02 Page 1 of 2 ZEr -15 -1999 11:4.3 CUNN 1 NGHAM -rLN i NL. called 1.27 acre tract conveyed by Round Rock Industrial Park to Milburn Investments, Inc., in deed filed fir record January 2, 1996 in Doan neat No. 9600204, Official Records of Williamson County, Texas, bears S 87°36'54" W, a distsnce of20.23 feet; THENCE, with the east line of said Tract Two ailed 1.64 acres, the west line of said called 0.92 acre tract and the we line of the herein described tract, N 14°09'13" W (called N 14 °12'08" W), a distance of 800.73 (ailed 800.61) Seel to a'k inch iron red found in the iodating south right of way line of Louis He= Boulevard (formerly known as County Road No. 170) (right of way width varies), for the northeast corner of said Tract Two ailed 1.64 acres, the northwest comer of said called 0.92 we tract and the northwest corner of the herein described tract, from which a 'A inch iron rod set for the northeast corner of said Jazz Street (70' right of way width), for the northeast corner of said called 1.27 we tract, bears, 5 77"5P59" W, a distance of 19.82 feel; THENCE, with the egg south right of way Hee of said Louis Henna Bonievard (formerly known as County Road No_ 170) (right of way width varies), the north line of said called 0.92 acre tract and the north line of the herein described tract, N 77°4470" E (called N 77°4125" E), a distance of 50.17 (called 50.16) fat a'A inch iron rod set for the northeast comer of said called 0.92 acre tract, for the northwest corner of said Tract One called 14127 acres and for the northeast corner of the herein described tract, 5rom which a '.4 inch iron rod found at the west comes of a called 1.616 acre tract, conveyed by Round Rock Industrial Park to Wiliamson County, Texas in a Correction Duration of Right of Way fled for record March 11, 1988 in Volume 1639, Page 420, Official Records of Williamson County, Tetras, bears, N 72°27'52" E, a distance of 262.72 fee THENCE, with the west lime of said Tract One called 14117 acres, the east line of said 0.92 acre tract and east lime of the herein described tract, 5 14°09'55' E (called S 14°09'00" E), a stance of 808.85 (called 808.67) feet to the POINT OF BEGINNING, cnmaiamg 0.928 as of land, more or less, within these metes and bounds Reference is heron made to map or plat of this 0.928 acre tract accompanying this field note description. Bearing Reese: The southwest fore of Tract One called 141.27 acres conveyed by Biny Wray Glenn et al, to Round Rock Industrial Park in deed filed for record Febmary 29, 1984 in Volume 980, Page 925, Official Records of Williamson Cowry, Texas. (N 59°47'001V) I hereby certify that this description was prepared from the results of a survey made on the ground under my supervision_ TOTAL P.11 THE STATE OF TEXAS § § COUNTY OF WILLL4MSON § EXHIBIT "B" AGREEMENT AND DEVELOPMENT PLAN WARNER RANCH PLANNED UNIT DEVELOPMENT NO. 42 THIS AGREEMENT AND DEVELOPMENT PLAN (this "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 LODGE AT WARNER RANCH, L.P., a Delaware limited partnership (the "Lodge Partnership ") and VILLAGES AT WARNER RANCH PUD, LP, a Delaware limited partnership, (the "Villages Partnership ") its successors and assigns, having their offices at 5847 San Felipe, Suite 3600, Houston, Texas 77057 (hereafter collectively referred to as the "Owner "). For purposes of this Agreement, the term Owner shall mean the Lodge Partnership and the Villages Partnership, their respective successors and assigns; provided, however, upon sale, transfer or conveyance of portions of the hereinafter described property, the duties and obligations of the Owner, as it relates to the respective property, shall be assumed by the new owner, and the Owner shall have no further liability relating to their respective property. WHEREAS, the Village Partnership is the owner of certain real property consisting of 120.643 acres, as more particularly described in Exhibit "A l ", attached hereto and made a part hereof (the "Village Tract ") and the Lodge Partnership is the owner of certain real property consisting of 19.191 acres, as more particularly described on Exhibit "A -2 ", attached hereto and made a part hereof (the "Lodge Tract " "). WHEREAS, The Owner has submitted a request to the City to rezone the Village Tract and the Lodge Tract (collectively, the "Property") as a Planned Unit Development (the "PUD "). WHEREAS, pursuant to Chapter 11, Section 11.316(8), Code of Ordinances (1 Edition), City of Round Rock, Texas, the Owner has submitted a Development Plan setting forth, the development conditions and requirements within the PUD, which Development Plan is contained in Section 11 of this Agreement; and WHEREAS, the City has held two public hearings required by law to solicit input from all interested citizens and affected parties; and WHEREAS, on July 28, 1999, the City's Planning and Zoning Commission recommended approval of the Owner's application for a PUD; and cATEXnArunsw,t■u"c WHEREAS, the City Council has reviewed the proposed Development Plan and determined that it promotes the health, safety, and general welfare of the citizens of Round Rock and that it complies with the intent of the Planned Unit Development Ordinance of the City; 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: L GENERAL PROVISIONS 1. CONFORMITY WITH DEVELOPMENT PI,AT1 That all uses and development within the Property shall conform to the Development Plan included in Section II herein. 2. CHANGES AND MODIFICATIONS No changes or modifcarons will be made to this Agreement or the Development Plan unless all provisions pertaining to changes or modifications as stated in Section 11.14 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, (1995 Edition), City of Round Rock, Texas, as amended. 4. J .TFNHOLR ER CONSENT That the lienholder of record has consented to this Agreement and Development Plan, including any and all dedications to the public. Lienhoider consent is attached hereto and incorporated herein as Exhibit "B". 5. MISCELLANEOUS PROVISIONS 5.1 Asaienment. 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 selling the Property or portions of the Property, together with all development rights and obligations contained in this Agreement and Development Plan, and no consent shall 2. be required in connection with such sale provided the purchaser assumes Owner's obligations as to such property. 5.2 Necessary Documents and Adieu. 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. (remainder of page intentionally left blank) 3. 5.3 $everability. In case one or more provisions contained herein are deemed invalid, illegal or unenforceable in any respect such invalidity, illegality or =enforceability 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. 5.4 En tire greement 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 Aoolieable Law. This Agreement shall be construed under and in accordance with the laws of the State of Texas. 5.6 Venue. All obligations of the parties created hereunder are performable in Williamson County, Texas and venue for any action arising hereunder shall be in Williamson County. 5.7 No Third Peril Benellgiaries. 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. 5.8 Duplicate Original. This Agreement may be executed in duplicate original, 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 CITY OF ROUND ROCK Villages at Warner Ranch PUD, LP 5847 San Felipe, Suite 3600 Houston, Texas 77057 Attn: Kathy Binford, Vice President 4. City of Round Rock, Texas 221 East Main Street Round Rock, Texas 78664 Attn: Director of Planning 5.10 Eifel ive Date. This Agreement shall be effective from and after the date of due execution hereof by. all parties. 5.11 Appeal of Administrative Decisions. Administrative decisions provided for in this Agreement may be appealed to the City Council in writing within 90 days following receipt by the Owner of the written confirmation of the decision. 5.12 Binding Effect This Agreement and the Development Plan binds and benefits the Owner and its successors and assigns. 5.13 Sunset Provision In the event that this Planned Unit Development is not recorded within four years from the date the Planned Unit Development is approved by the City Council, then the Planned Unit Development shall be automatically voided, and the property described herein shall be zoned Single Family - Residential (SF -1). lI DEVELOPMENT PLAN 1. DEFINITIONS Words and terms used herein shall have their usual force and meaning, or as defined in the Code of Ordinances (1995 Edition) as amended, City of Round Rock, Texas, hereinafter referred to as "the Code ". 2. PROPERTY This Development Plan (hereinafter referred to as "Plan ") covers approximately 139 acres of land, located within the city limits of Round Rock, Texas, and more particularly described by metes and bounds in Exhibit "A ", attached hereto. 3. PURPt= The purpose of this Plan is to insure a 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 Man, as amended, 3) does not have an undue adverse affect upon adjacent property, the 5. 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. ,.PPTSCARTL iTY OF C'IT'Y ORDINANCES 4.1 Zoning and Subdivision Ordinance The Property shall be regulated for purposes of Toning and subdivision by this Plan. All aspects not specifically covered by this Plan shall be regulated by applicable sections of the Code. 4.2 Other Ordinances All other Ordinances within the Code shall apply to the Property, except as clearly modified by this Plan. 5. PERMITTED USES The Property shall be used and developed for the uses shown in Exhibits "C" and "D ", attached hereto and incorporated herein. 6. DEVELOPMENT STANDARDS The Property shall be developed in accordance with the Development Standards set forth in Exhibit "D ", attached hereto and incorporated herein. 7. SIGNS The Owner shall construct an architectural identification feature at the intersection of Louis Henna Boulevard and the Collector Road as shown on Exhibit "E" (Said Collector Road hereinafter referred to as "Warner Ranch Road "). The feature shall be similar to the design set forth in Exhi bit "E ", attached hereto. This feature may contain signage with a maximum of 100 square feet in total size for all signage for the purpose of project and area identification. Additional monument signs shall be permitted at other entrances to the development, as specified in Exhibit "D ". Noti teatinn Signs Within ninety (90) days after the recording of the P[1D, signs no less than thirty -two (32) square feet in area, shall be located within Parcels 1, 2 and 3, within fifty (50) feet of Warner Ranch Road, notifying the public of the proposed multi- family development. 6. 8. BUILDINGS • Building size, dimension, height and setbacks for all parcels shall be as modified in Exhibit , "D ", attached hereto, as applicable to each parcel and its designated use. 9. LANDSCAPING AND BUFFERING Landscaping and buffering shall be as modified in Exht't "D ", attached hereto, as applicable to each parcel and its designated use. 10. UNDERGROUND UTILITY SERVICE, Except where approved in writing by the Director of Public Works, all electrical, telephone and cablevision distribution and service lines, other than overhead lines, which are, three phase or larger, shall be placed underground. 11. DRTVFWAY ACC.F.SS TO LOUIS HENNA BOULEVARD & CO. RD. 170: Parcel 7, iden on Exhibit "C", shall be permitted one driveway access to Louis Henna Boulevard This access shall be located at least two hundred feet (200') from the edge of the right of way of Warner Ranch Road. 11.2 Parcel 6, identified on Exhibit "C ", shall be permitted two driveways to access Louis Henna Boulevard. The most westerly access drive shall be located at least two hundred Bred feet ( 200') from the edge of right of way of Warner Ranch Road. The second driveway shall be located at least two hundred feet (200') east of the first driveway. 11.3 Parcel 6, identified on Exhibit "C ", shall be permitted two driveways to access County Road 170. The most northerly sc••ess drive shall be located at least three hundred fifty feet (350') south of the current Louis Henna Boulevard right of way. The second access drive shall be located at least two hundred feet (200') from the first access drive. 11.4 Parcel 6, identified on Exhi bit "C ", shall be permitted two driveways to access Warner Ranch Road. The most northerly access drive shall be located at least three hundred fifty feet ( 350') from the edge of the existing Louis Henna Boulevard right -of -way. The second driveway shall be located two hundred fret (200') south of the first driveway. 11.5 Parcel 7, identified on Exhibit "C ", shall be permitted two driveways to access Warner Ranch Road. The most northerly access drive shall be located three hundred fifty feet (350') from the edge of the existing Louis Henna Boulevard right -of -way. The second access drive shall be located two hundred feet (200') south of the first driveway. 11.6 Parcel 7, identified on Exhibit "C", shall be permitted one driveway onto Jazz Street. This driveway shall be located three hundred fifty feet (350') from the edge of the 7. existing Louis Henna Boulevard right -of -way. Trucks larger than one ton shall be prohibited from using this driveway. 12. $TORMWATF',R DF:TJ NTION ANT) DRATNAGR 12.1 Regional Detention 12.1.1 Commercial / Industrial Development Parcels: The Owner shall pay to the City $1,600.00 per acre, to participate in regional detention, for Parcels 4, 5, 6 and 7, as shown on Exhibit "C" attached hereto. The payment of these regional detention fees shall be in place of providing on- site detention facilities and shall represent full payment of all detention fees assessable to Parcels 4, 5, 6 and 7. The Regional Detention Fees shall be paid for each development parcel with the application for building permit for each development parcel. 12.1.2 Multifamily Residential Development Parcels: The Owner shall pay to the City $1200.00 per acre, to participate in regional detention, for Parcels 1, 2 and 3 , as shown on Exhibit "C" attached hereto. The payment of these regional detention fees shall be in place of providing on -site detention facilities and shall represent full payment of all detention fees assessable to Parcels 1, 2 and 3. The Regional Detention Fees shall be paid for each development parcel with the application for building permit for each development parcel. 12.1.3 Single - Family Development Parcels: The Owner shall pay to the City $800.00 per acre, to participate in regional detention, for Parcel 9, as shown on Eslu'bit "C" attached hereto. The payment of these regional detention fees shall be in place of providing on -site detention facilities and shall represent full payment of aA detention fees assessable to Parcel 9. These fees shall be pre- paid, when the single family residential plat is recorded, as the Owner's share of joint drainage improvements. 13. PHASING 12.1.4 Downstream Conveyance of Storm Water If downstream conveyance is not sufficient to accommodate undetained storm water the Owner shall provide the required on -site detention and shall not pay the regional detention fees referenced in paragraphs 12.1.1, 12.1.2 and 12.1.3. 8. The development of the Property may be phased at the developer's option. The portion of the Warner Ranch Road required to access each development parcel shall be constructed as a part of each parcel, except for parcel three which will require construction of Warner Ranch Road to the southern boundary of the property /parcel. 14. PAWL RDICATION The parkland dedication requirements for the Property shall be met in full by providing the following: a. Dedication of Parcel 8 as shown on Exhibit "C" for landscaped buffer easement and pork-lane This dedication may be to either the City of Round Rock or a neighborhood homeowners association. This dedication shall be made with recordation of the first muhi family residential plat. b. Construction of one or more clubhouses for Parcels 1, 2 and 3), as shown on Exhibit "C". Clubhouses will contain a minimum of one thousand (1000) square feet per for each one hundred (100) dwelling units constructed. Additional area may be added to each clubhouse, at the Owners option, for the purpose of accommodating leasing offices and other administrative or maintenance uses. The calculation of the requited clubhouse area shall not include leasing offices and other administrative or maintenance uses. c. Construction of one or more swimming pools for Parcels 1, 2 and 3, as shown on Exhibit "C". Pools shall contain a minimum of six (6) square feet of water surface per dwelling unit constructed on each development parcel. 15. HIGHWAY RIGHT OF WAY DEDICATION The following right of way dedications shall be made by the Owner. 15.1 ,State Highway 45; Simultaneously with recordation of the Pi1D, the Owner shall drelir to the City of Round Rock, free of all liens, right - of-way adjacent to existing Louis Henna Blvd. sufficient to total four hundred feet (400'). The City Attorney shall prepare the dedication deed and Owner shall provide the survey. 15.2 Arterial "A ": The Owner shall dedicate to the City, free of all liens, thirty -five feet (35') of right-of -way along the portions of the western boundary of existing County Road 170, required for the construction of Arterial B. 9. This dedication shall be made within ninety (90) days following the City providing the required field notes describing the exact limits of the right of way dedication to the Owner of Parcel 6. As partial consideration for the dedication of the rights -of -way described herein, in addition to the granting of this PUD, the City shall attempt to convey to Owner any strips of land owned by the City lying between the PUD and Arterial B, as finally constructed. Said conveyance is contingent upon the City Attorney determining that said conveyance is lawful. 16. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN 16.1 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. 16.2 Major Changes Major changes shall be resubmitted following the same procedure required by the original PUD application. 17. CONCEPT PLAN APPROVED Approval of this Agreement constitutes Concept Plan approval under the City Subdivision Ordinance. 18. GENERAL PLAN 2000 This Agreement is in compliance with the Round Rock General Plan 2000, which was adopted on June 10, 1999. VILLAGES AT WARNER RANCH PUD, LP By: THC /Southwest Division Limited Partnership, Its sole general partner By: Hanover G.P. L.L.C., its s5 e general partner By: f K. /Vc� �x Kathy y i nford, Vic iP President Date: /C - qq 10. LODGE AT WARNER RANCH, L.P. By THC/ Southwest Division Limited Partnership By: Hanover G. P., L.L.C. By: Y . /1ti ATTEST: Kath K. Binford, ice President By: , CITY SECRET eFl 15rt m YTICCL, A 5sf. 11. EXHIBIT TRACT I I38.543 ACRES OF LAND DESCRIPTION FIELD NOTES FOR 138.543 ACRES OF LAND SITUATED IN THE MEMUCAN HUNT SURVEY, ABSTRACT NO. 314 THE WM BARKER SURVEY, ABSTRACT NO. 107, WILLIAMSON COUNTY, TEXAS, AND THE WM. BARKER SURVEY, ABSTRACT NO. 109, TRAVIS COUNTY, TEXAS; BEING OUT OF TRACT ONE CALLED 141.27 ACRES CONVEYED BY BELLY WRAY GLENN et al, TO ROUND ROCK INDUSTRIAL PARK 1N DEED FILED FOR RECORD FEBRUARY 29, 1984 IN VOLUME 980, PAGE 925, OFFICIAL RECORDS OF WILLIAMSON .COUNTY, TEXAS; SAID TRACT ONE CALLED 141.27 ACRES BEING A PORTION OF THIRD TRACT CALLED 44 ACRES CONVEYED BY HEDDA BLAD et al TO G. W. GLENN IN DEED FILED FOR RECORD DECEMBER 15, 1931 IN VOLUME 260, PAGE 368, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS AND A PORTION OF A CALLED 152.5 ACRE TRACT CONVEYED BY BETTIE E GLENN TO BILLY WRAY GLENN IN DEED FILED FOR RECORD SEPTEMBER 27, 1966 IN VOLUME 490, PAGE 534, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 138.543 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/4 inch iron rod found at the base of an 18 inch elm tree used for a fence corner post, for the northeast corner of REMINGTON HEIGHTS, PHASE 1, SECTION A, according to the map or plat thereof recorded in Cabinet N, Slide 238 -240, Plat Records of Williamson County, Texas, and an ell corner in the west line of the herein described tract, from which a Y-. inch iron rod found at the base of said 18 inch elm tree, bears N 35 °50' W, a distance of 1.71 feet; THENCE, along the westerly line of said Tract One called 141.27 acres, and with the north line of said REMINGTON HEIGHTS, PHASE 1, SECTION A and the westerly line of the herein described tract, S 87°39'50" W (called S 87°20'30" W), a distance of 249.69 (249.00) feet to a 'h inch iron rod found for an ell corner in the west line of said Tract One called 141.27 acres, the southeast corner of a called 0.92 acre tract conveyed by Milburn Investments, Inc. to Round Rock Industrial Park in deed filed for record January 2, 1996 in Document No. 9600209 Official Records of Williamson County, Texas, from which a 'h inch iron rod with cap set for the southwest corner of said 0.92 acre tract and the southeast corner of the remainder of Tract Two called 1.64 acres conveyed by Billy Wray Glenn et al, to Round Rock Industrial Park in said deed filed for record February 29, 1984 in Volume 980, Page 925, Official Records of Williamson County, Texas, bears, S 86 °50'59" W, a distance of 51.25 feet; THENCE, with the west line of said Tract One called 141.27 acres, the east line of said 0.92 acre tract and west line of the herein described tract, N 14 °09'55" W (called N 14 °09' W), a distance of 808.86 (called 808.67) feet to a 1/2 inch iron rod set in the existing south right of way line of Louis CAI-239-0210 02 EXHIBIT A- Page 1 of t2 Henna Boulevard (formerly known as County Road No. 170) (right of way width varies), for the northwest corner of said Tract One called 141.27 acres, the northeast of said 0.92 acre tract and the northwest corner of the herein- described tract, from which a 1/2 inch iron rod found for the northeast comer of the remainder of said Tract Two called 1.64 acres and the northwest corner of said called 0.92 acre tract, bears S 77°44'20" W, a distance of 50.17 feet; THElsICE, with the existing south right of way line of Louis Henna Boulevard (formerly known as County Road No. 170) (right of way width varies), the north line of said Tract One called 141.27 acres and the north line of the herein descrbed tract, N 72°27'52" E (called N 72°2T30" E), a distance of 262.72 feet to a /2 inch iron rod found at the beginning of a non - tangent curve to the right for the west corner of a called 1.616 acre tract, conveyed by Round Rock Industrial Park to Williamson County, Texas in Correction Dedication of Right of Way filed for record March 11, 1988 in Volume 1639, Page 420, Official Records of Williamson County, Texas, for an angle comer in the north line of the herein described tract; THENCE, over and across said Tract One called 141.27 acres, with the common line of said Louis Henna Boulevard (formerly known as County Road No. 170) (right of way width varies), said called 1.616 acre tract and the herein described tract the following four (4) courses and distances; 1) with said non - tangent curve to the right having a central angle of 02 °27'48 ", a radius of 3260.57 feet, an arc length of 140.19 feet, and a chord bearing and distance of N 81°19'03" E, 140.18 feet to a 'h inch iron rod found at the end of said curve; 2) N 82 °25'39" E, a distance of 390.65 feet to a 1/2 inch iron 'rod found at the beginning of a curve to the left; 3) with said curve to the left having a central angle of 10 °42'47", a radius of 2182.60 feet., an arc length of 408.10 feet, and a chord bearing and distance of N 77°10'25" E, 407.50 feet to a '/2 inch iron rod found for at the end of said curve, from which a'/ inch iron rod found, bears N 82 °11' E, a distance of 0.13 feet; 4) N 71 °22'15" E, a distance of 11.16 feet to a' /2 inch iron rod found in the existing southwest right of way line of County Road No. 170 (right of way width varies), the northeast line of said Tract One called 141.27 acres, for the southeast corner of said called 1.616 acre tract and the north corner of the herein described tract, from which a 1/2 inch iron rod found, bears S 5750' E, a distance of 0.26 feet; THENCE, with the existing southwest right of way line of said County Road No 170 (right of way width varies), the northeast line of said Tract One called 141.27 acres and the northeast fine of the herein described tract the following three (3) courses and distances; I) S 51 °43'28" E (called S 51 °43'30" E), a distance of 618.37 feet to a 'h inch iron rod found for an angle corner, 2) S 51 °57'32" E (called S 51 °5630" E), a distance of 174.59 (called 174.86) feet to a 1/2 inch iron rod found for an angle corner, 3) S 51 °49'18" E (called S 51 °50' E), passing a'/ inch iron rod found at a distance CAI-239- 0210.02 EXH I B IT A- Pa -se 2 of 12 of 176.23 and continuing for a total distance of 261.55 {called 261.69) feet to a 'h inch iron rod found for the northwest corner of a called 5.04 acre tract of land conveyed by Billy Wray Glenn to Tommy Dale Arnold in deed filed for record in Volume 686, Page 241, Deed Records of Williamson County, Texan for the northeast corner of said Tract One called 141.27 acres and the northeast corner of the herein described tract, from which a concrete monument found in the casting southwest right of way line of said County Road No. 170 (right of way width varies), for the northeast corner of said called 152.5 acre tract, and the approximate northwest of a called 1.52 acre tract conveyed by Fritz Ganzert to Adolf Priem in dead filed for record in Volume 2058, Page 239, Deed Records of Travis County, Texas, bears, S 51 °43'33" E, a distance of 1135.93 feet; THENCE, continuing with the northeast line of said Tract One called 141.27 acres, the northeast line of the herein described tract and the westerly line of said called 5.04 acre tract, the following two (2) courses and distances; 1) S 30 °05'30" W (called S 30 °03' W), a distance of 438.96 (called 439.00) feet to a 1/2 inch iron rod found bent and replaced for the southwest corner of said called 5.04 acre tract; 2) S 59°54'30" E (called S 59 °57' E), passing a point in the westerly line of a 50 foot wide access road easement (known as Glenn Drive), as described in the following instruments filed for record in Volume 681, Page 797, Volume 715, Page 929, Volume 686, Page 241, Volume 763, Page 777, Volume 787, Page 776, Volume 912, Page 135, Volume 917, Page 701 and Volume 917, Page 708, Deed Records of Williamson County, Texas at a distance of 524.66 feet and continuing for a total distance of 549.66 (called 549.84) feet to 1/2 inch iron rod found bent and replaced in the centerline of said 50 foot wide access road easement (known as Glenn Drive), in the westerly line of a called 5.15 acre tract conveyed to L. C. Schwartz, in deed filed for record in Volume 659, Page 405, Deed Records of Williamson County, Texas, for an el] corner in the northeast line of said Tract One called 141.27 acres, an ell corner in the northeast line the herein described tract and for the southeast corner of said called 5.04 acre tract; THENCE, continuing with the northeast line of said Tract One called 141.27 acres, the northeast line of the herein described tract, the centerline of said 50 foot wide access road easement (known as Glenn Drive), and the northwest line of said 5.15 acre tract, S 30 °02'46" W (called S 30°11' W), a distance of 109.36 (called 109.47) feet to '/x inch iron rod found, for an ell comer in the northeast line of said Tract One called 141.27 acres, an ell corner in the northeast line of the herein described tract and the southwest corner of said called 5.15 acre tract; THENCE, continuing with the northeast line of said Tract One called 141.27 acres, the northeast line of the herein described tract,, and the South line of said called 5.15 acre tract, S 59 °52'46" E (called S 59 °54'30" E), passing % inch iron rod found in the easterly line of said 50 foot wide access road easement (known as Glenn Drive) at a distance of 25.01 feet, from said '/z inch iron rod a '/z inch iron rod found, bears, S 04 °01' W, a distance of 0:55 fees and continuing for a total distance of 574.66 (called 574.91) feet to a', inch iron rod found in the east line of said called 152.5 acre tract, in the west line of said called 1.52 acre, for the east corner of said Tract One CAI -239- 021002 EXHIBIT A -I Page 3 of 12 called 141.27 acres, for the east corner of the herein described tract and for the southeast corner of said called 5.15 acre tract, from which said concrete monument found for the northeast corner of said called 152.5 acre tract, bears, N 30 °11'39" E, a distance of 236.92 feet and N 29°54'56" E, a distance of 150.02 feet; THENCE, with the easterly be of said Tract One called 141.27 acres, the easterly line of said called 152.5 acre tract, the westerly line of said called 1.52 acre tract and the easterly line of the herein described tract, S 30 °00'21" W (called S 30°02' W), a distance of 386.14 (called 386.20) feet to a 578 inch iron rod found for the northeast corner of a called 5.11 acre tract conveyed by Billy Wray Gleam to James Burrows in deed filed for record June 15, 1978 in Volume 715, Page 929, Deed Records of Williamson County, Texas, for an ell comer in the easterly line of said Tract One called 141.27 acres and for an ell corner in the easterly line the herein described tract; THENCE, continuing with the easterly line of said Tract One called 141.27 acres, the easterly line of the herein described tract and the northerly, westerly and southerly line of said called 5.11 acre tract, the following three courses and distances; 1) N 59 °58'53" W (called N 60 °00' W), passing a point in the easterly line of said 50 foot wide access road easement (known as Glenn Drive) at a distance of 549.93 feet, and continuing for a total distance of 574.93 (called 574.91) feet to a % inch iron rod found bent and replaced in the centerline of said 50 foot wide access road easement (known as Glenn Drive) for the northwest corner of said called 5.11 acre tract and for an ell comer, 2) with the centerline of said 50 foot wide access road easement (known as Glenn Drive), S 30°02'46" W (called S 30 °02'30" W), a distance of 386.77 (called 386.84) feet to a '/ inch iron rod found for the southwest corner said called 5.11 acre tract and for an ell corner; 3) S 59 °57'49" E (called S 59 °59' E), passing a point in the westerly line of said 50 foot wide access road easement (known as Glenn Drive) at a distance of 25.00 fee and continuing for a total distance of 575. (called 574.91) feat a 5:8 inch iron rod found in the east line of said called 152.5 acre tract, in the west line of a said called 1.52 acre, for the southeast comer of said called 5.11 acre tract and for an ell corner of said Tract One called 141.27 acres and an ell corner of the herein described tract ; THENCE, continuing with the easterly line of said Tract One called 141.27 acres, the easterly line of said caned 152.5 acre tract, the westerly line of said called 1.52 acre tract and the easterly line of the herein described tract, S 29 °58'43" W (called S 29 °58' W), a distance of 1160.57 (called 1160.54) feet to a 1 /2 inch iron rod found for the northeast corner of a called 5.35 acre tract conveyed by Glenn Drive Ventures to Matt A, Lasater et ux in deed filed for record September 1, 1995 in Document No. 9538506, Official Records of Williamson County, Texas, for the south corner of said Tract One called 141.27 acres and the south corner of the herein described tract; THENCE, with the southwest line of said Tract One called 141.27 acres, the northerly line of said called 5.35 acre tract, the northerly line of a called 5.19 acre tract conveyed by T. J. Davidson to Iraj Eric Shahavndi et ux, in deed filed for record May 19, 1993 in Volume 2304, Page 345, Official Records of Williamson County, Texas, N 59 °56'14" W (called N 59°57'00" W), passing a CAI - 239 - 0210.02 EXHIBIT Ad Page 4 of 12 'h inch iron rod found in the easterly line of said 50 foot wide access road eased (known as Gienn Drive) at a distance 551.37 feet, passing a point in the centerline of said 50 foot wide road easement; for the northwest corner_ of said called 5.35 acre tract and the northeast corner of said called. 5.19 acre tract at a distance 576.37 feet, and continuing with the centerline of said 50 foot wide road easement for a total distance of 1126.60 (called 1126.51) feet to a ar inch iron rod found for the northwest corner of said called 5.19 acre tract, for an ell corner in the southwest line of said Tract One called 141.27 acres and for an ell corner in the southwest line of the herein described tract; THENCE, continuing with the southwest line of said Tract One called 141.27 acres, the west line of said called 5.19 acre tract and the southwest line of the herein described tract and crossing said 50 foot wide road easement, S 30°02'21" W (called S 30 °01' W), passing the southwest line of said 50 foot wide road easement at a distance of 25.0 feet and continuing for a total distance of 410.40 (called 410.46) feet to a %z inch iron rod found in the southerly line of said called 152.5 acre tract, in the northerly line of Tract 2 called 41.702 acres, conveyed by Texas Commercial Bank - Austin National Association to F- Victoria L. P. in deed filed for record September 2, 1992 in Volume 2186, Page 208, Official Records of Williamson County, Texas, for an ell corner in the southwest line of said Tract One called 141.27 acres, for an ell corner in the southwest line of the herein described tract and the southwest corner of said called 5.19 acre tract and; THENCE, continuing with the southwesterly line of said called 152.5 acre tract, the southwesterly line of said Tract One called 141.27 acres, the northerly line of said Tract 2 called 41.702 acres and the southwesterly line of the herein described tract the following two (2) courses and distances; 1) N 60 °28'05" W (called N 60 °22'30" W), a distance of 125.63 feet to a'h inch iron rod found for an angle corner, 2) N 59°4T00" W (bearing basis), passing a '/z inch iron rod found at a distance of 291.35 feet, paaaino a 'h inch iron rod found at a distance of 1001.05 feet, and continuing for a total distance of 1046.17 (called 1046.10) feet to a '/Z inch iron rod set in the easterly line of Breaux Lane (50' right of way width), as dedicated by REMINGTON HEIGHTS PHASE 2, SECTION B, according to the map or plat thereof recorded in Cabinet 0, Slide 392 -393, Plat Records of Williamson County, Texas, for the southwest corner of said Tract One called 141.27 acres, for the southwest corner of the herein described tract and for the northwest corner of said Tract 2 called 41.702 acres, from which a' /, inch iron rod found for the southeast corner of said REMINGTON HEIGHTS PHASE 2, SECTION B and the northwest corner of the remainder of Tract 12 called 68 -794 acres conveyed by Resolution Trust Corporation to Michael W. Ayer in deed filed for record March 18, 1993 in Volume 2271, Page 354, Official Records of Williamson County, Texas and filed for record February 8, 1993 in Volume 11868, Page 121, Real Property Records of Travis County, Texas, bears, S 30 °13'50" W, a distance of 168.44 feet; THENCE, with the easterly line of said REMINGTON HEIGHTS PHASE 2, SECTION B, the easterly line of REMINGTON HEIGHTS PHASE 1, SECTION B, according to the map or plan thereof recorded in Cabinet 0, Slide 18 -20, Plat Records of Williamson County, Texas, the CAI- 239 -0210 02 EXHIBIT A- l Page 5 of 12 easterly line of said REMINGTON HEIGHTS PHASE 1, SECTION A, and the westerly line of the herein described tract and along the west line of said Tract One called 141.27 acres and the west line of said called 152.5 acre tract, N 30°06'04" E (called N 30°02'00" E), passing a i/2 inch iron rod found at the northeast corner of said Breaux. Lane (50' right of way width) and the southeast corner of Lot 31, Block B of said RElMMII4GTON HEIGHTS PHASE 2, SECTION B, at a distance of 12.36 feet, passing a 1/2 inch iron rod found for the northeast corner of said REMJNGTON HEIGHTS PHASE 2, SECTION B and the southeast corner of said REMINGTON HEIGHTS PHASE 1, SECTION B at a distance of 624.06 feet, passing a 'h inch iron rod found for the northeast corner of said REMINGTON HEIGHTS PHASE I, SECTION B and the southeast corner of said REM[NGTON HEIGHTS PHASE 1, SECTION A at a distance of 1024.06 feet, and continuing for a total distance of 1789.25 (called 1789.74) feet to the POINT OF BEGINNING, containing 138.543 acres of land, more or less, within these metes and bounds Reference is herein made to map or plat of this 138.543 acre tract accompanying this field note description. Bearing Reference: The southwest line of Tract One called 141.27 acres conveyed by Billy Wray Glenn et al, to Round Rock Industrial Park in deed filed for record February 29, 1984 in Volume 980, Page 925, Official Records of Williamson County, Texas. (N 59 °47'00"W) I hereby certify that this description was prepared from the results of a survey made on the ground under my supervision. CUNNINGHAM- M C 4T41 ry� ,.f.tV ste =• P fes tonal Land Surveyor No 4437 Date: ,.� SAVE AND EXCEPT that certain 19.191 acre tract or parcel of land being more particularly described as follows: CAI - 239 - 0210.02 EXHIBIT A-1 Page 6 of 12 bESCR1PTION FIELD NOTES FOR 19.191 ACRES OF LAND SITUATED IN THE MEMUCAN HUNT SURVEY, ABSTRACT NO. 314 WILLIAMSON COUNTY, TEXAS, BEING OUT OF THOSE CERTAIN TRACT ONE DESCRIBED IN DEED FROM BILLY WRAY GLENN et al, TO ROUND ROCK INDUSTRIAL PARK, RECORDED FEBRUARY 29, 1984 IN VOLUME 980, PAGE 925, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 19 191 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS BEGINNING at a 1/2 inch iron rod found bent and replaced for the southwest corner of that certain tract of land described in deed from Billy Wray Glenn to Tommy Dale Arnold, recorded in Volume 686, Page 241, Deed Records of Williamson County, Texas, same being an interior ell corner of said Tract One, from which a 1/2 inch iron rod found in the south right of way line of County Road No 170 (right of way width varies), for the easternmost northeast corner of said Tract One and the northwest corner of said Arnold tract, bears N 30 °05'30" E a distance of 438.96 feet THENCE, with a north line of said Tract Oae, the north line of the herein described tract, and the south line of said Arnold tract, S 59°54'30" E, a distance of 524.66 feet to a 1/2 inch iron rod set for the northeast corner of the herein described tract, in the west line of a 50 foot wide access road easement (also Imown as Glenn Drive), as described in the following instruments of record. Volume 681, Page 797, Volume 715, Pace 929, Volume 686, Page 241, Volume 763, Page 777, Volume 787, Page 776, Volume 912, Page 135, Volume 917, Page 701 and Volume 917, Page 708, Deed Records of Williamson County, Texas, from which a 1/2 inch iron rod found bem and replaced in the centerline of said 50 foot wide access road easement, in the west line of that certain tract described in deed to L. C. Schwartz, recorded in Volume 659, Page 405, Deed Records of Williamson County, Texas, for an exterior ell corner of said Tract One, bears S 59°54'30" E a distance of 25.00 feet; THENCE, over and across said Tract One, 25 00 feet west of and parallel with the centerline of said 50 foot wide access road easement, and with the east line of the herein described tract S 30 °02'46" W a distance of 670.05 feet to a 1/2 inch iron rod set for the southeast corner of the herein described tract, THENCE, continuing over and across said Tract One, with the south, west, and north lines of the herein described tract, the following three (3) courses 1) N 63 °50'14" W a distance of 1299 62 feet to a 1/2 inch iron rod set for the southwest corner of the herein described tract; 2) with a curve to the left having a central angle of 39 °31'25 ", a radius of 623 35 feet, an arc length of 430 00 feet, and a chord bearing and distance of N 06 °38'35" E 421 52 fee; to a inch iron rod set for the northwest corner of the herein described tract; 3) S 8l °32'18" E a distance of 1010 24 feet to the POINT OF BEGINNING, containing 19 191 acres of land, more or less, within these metes and bounds. CAI- 239 - 0210.02 EXHIBIT A -I Pace 7 �f 12 Bearing Reference: The southwest line of Tract One called 141.27 acres conveyed by Billy Wray Glenn et al, to Round Rock Industrial Park in deed Bled for record February 29, 1984 in Volume 980, Page 925, Official Records of Williamson County, Texas_ (N 59°47'00"W) [ hereby certify that this description was prepared from the results of a survey made on the ground under my supervision_ CUNNGHAM - . Sc ' esional Land 5,u No CA1- 239 -0210 02 EXHIBIT A-I Page 8 of 12 TRACT II 0.363 ACRES OF LAND FIELD NOTES FOR 0.363 ACRES OF LAND SITUATED IN THE MEMUCAN HUNT SURVEY, ABSTRACT NO. 314, WILLIAMSON COUNTY, TEXAS, BEING OUT OF TRACT TWO CALLED 164 ACRES CONVEYED BY BILLY WRAY GLENN et ai, TO ROUND ROCK INDUSTRIAL PARK IN DEED FILED FOR RECORD FEBRUARY 29, 1984 IN VOLUME 980, PAGE 925, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 1.64 ACRE TRACT BEING A PORTION OF THJRJ) TRACT CALLED 44 ACRES CONVEYED BY HEDDA BLAD et ai TO G. W. GLENN IN DEED FILED FOR RECORD DECEMBER 15, 1931 IN VOLUME 260, PAGE 368, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 0.363 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a '/ inch iron rod with cap set in the existing easterly right of way line of Jazz Street (70' right of way width), as dedicated by REMINGTON HEIGHTS, PHASE 1, SECTION A., according to the map or plat thereof recorded in Cabinet N, Slide 238 -240, Plat Records of Williamson County, Texas, in the south line of said Tract Two called 1.64 acres, for the southeast corner of a called 1.27 acre tract conveyed by Round Rock Industrial Park to Milburn Investments, Inc_, in deed filed for record January 2, 1996 in Document No. 9600204, Official Records of Williamson County, Texas, for the northwest corner of Lat 1, Block A of said REMINGTON HEIGHTS, PHASE 1, SECTION A, and for the southwest corner of the herein described tract, from which a' /. inch iron rod found in the existing westeriy right of way line of said Jazz Street (70' right of way width) and for the northeast comer of Lot 30, Block (3, of said REMINGTON HEIGHTS, PHASE 1, SECTION A, bears, S 87°15'42" W, a distance of 71.72 feet; THENCE, over and across said Tract Two called 1.64 acres, with the existing easterly right of way line of Jarz Street (70' right of way width), the easterly line of said called 1.27 acre tract and the westerly line of the herein described tract, N 14 °09'13" W, a distance of 797.30 feet to a '/ inch iron rod set in the existing south right of way line of Louis Henna Boulevard (formerly known as County Road No. 170) (right of way width varies), for the northeast corner of said Jazz Street (70' right of way width), for the northeast corner of said called 1,27 acre tract and for the northwest corner of the herein described tract; THENCE, with the existing south right of way line of said Louis Henna Boulevard (formerly known as County Road No. 170) (right of way width varies), the north line of said Tract Two called 1.64 acres and the north line of the herein described tract, N 77 °5I'59" E (called N 77 °55' E), a distance of 19.82 feet to a'/z inch iron rod found for the northeast corner of said Tract Two called 1.64 acres, the northwest corner of said called 0.92 acre tract and the northeast corner of the herein described tract, from which a 1/2 inch iron rod set for the northwest corner of CAI-239-0210.02 DESCRIPTION EXHIBIT A " Page 9 of i2 Tract One called 141.27 acres conveyed by Billy Wray Glean et al, to Round Rock Industrial Park in deed filed for record February 29, 1984 in Volume 980, Page 925, Official Records of Williamson County, Texas and the northeast corner of said called 0.92 acre tract, bears, N 77°44'20" E, a distance of 50.17 feet; THENCE, with the east line of said Tract Two called 1.64 acres, the west line of said called 0.92 are pact and the east line of the herein described tract, S 14°09'13" E (called S 14°09' E), a distance of 800.73 (called 800.70) fed to a 'h inch iron rod with cap set in the north line of said Lot 1, Block A, REMINGTON HEIGHTS, PHASE 1, SECTION A, for the southeast corner of said Tract Two called 1.64 acres, the southwest corner of said called 0.92 acre tract and the southeast corner of the herein described tract, from which a '/, inch iron rod found far an ell corner of said Tract One called 141.27 acres and the southeast corner of said called 0.92 acre tract, bears N 86 °50'59" W, a distance of 51.25 feet; THENCE, with the north line of said Lot 1, Block A, REMINGTON HEIGHTS, PHASE 1, SECTION A, the south line of said Tract Two called 1.64 acres and the south Gne of the herein described tract, S 87°36'54" W (called S 87°22" W), a distance of 20.23 feet to the POINT OF BEGINNING, containing 0.363 acres of land, more or less, within these metes and bounds Reference is herein made to map or plat of this 0.363 acre tract accompanying this field note description. Bearing Reference: The westerly line of Tract One called 141.27 acres conveyed by Briliy Wray Glenn et al, to Round Rock Industrial Park in deed filed for record February 29, 1984 in Volume 980, Page 925, Official Records of Williamson County, Texas. I hereby certify that this description was prepared from the results of a survey made on the ground under ray supervision. - • -ALLEN t !_ g ' p Registere ; Date: Land Surveyor No 443 CAI - 239 -02I0 02 EXHIBIT 4' Page 10 of 12 P� G,OF`q GREGORY SGHtAIOr 9 ° 4437 _r 9o`ess o' O SUFI- TRACT III 0.928 ACRES OF LAND DESCRIPTION FIELD NOTES FOR 0.928 ACRES OF LAND SITUATED IN THE MEMUCAN HUNT SURVEY, ABSTRACT NO. 314, WILLIAMSON COUNTY, TEXAS, BEING ALL OF A CALLED 0.92 ACRE TRACT CONVEYED BY MILBURN INVESTMENTS, INC. TO ROUND ROCK INDUSTRIAL PARK IN DEED FILED FOR RECORD JANUARY 2, 1996 IN DOCUMENT NO. 9600209, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 0.92 ACRES BEING A PORTION OF A CALLED 40.464 ACRE TRACT OF LAND CONVEYED BY MICHAEL W. AYER TO MILBURN INVESTMENTS, INC., IN DEED FILED IN DOCUMENT NO. 9546338, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 40.464 ACRES BEING A PORTION OF TRACT 12 CALLED 68.794 ACRES CONVEYED BY RESOLUTION TRUST CORPORATION TO MICHAEL W. AYER IN DEED FILED FOR RECORD MARCH 18, 1993 IN VOLUME 2271, PAGE 354, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS AND FILED FOR RECORD FEBRUARY 8, 1993 IN VOLUME 11868, PAGE 121, REAL PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS; SAID 0.928 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2 inch iron rod found in the north line of Lot 2, Block A, REMINGTON HEIGHTS, PHASE 1, SECTION A, according to the map or plat thereof recorded in Cabinet N, Slide 238 -240, Plat Records of Viii liamson County, Texas, for an ell corner of Tract One called 141.27 acres, conveyed by Billy Wray Glenn et al to Round Rock Industrial Park in deed filed for record February 29, 1984 in Volume 980, Page 925, Official Records of Williamson County, Texas, for the southeast corner of said called 0.92 acre tract and the southeast corner of the herein described tract, from which a % inch iron rod found at the base of an 18 inch tree used for a fence comer post, for the northeast comer of said REMINGTON HEIGHTS, PHASE 1, SECTION A and for an ell corner in the west line of said Tract One called 141.27 acres, bears, N87°39'50" E, a distance of 249.69 feet; THENCE, with the north line of said Lot 2, Block A, the north line of Lot 1, Block A of said REVIINGTON HEIGHTS, PHASE 1, SECTION A., S 86 °50'59" W (tailed S 86 °48'04" W), a distance of 51.25 (called 51.24) feet to a 'h inch iron rod with cap set for the southeast comer of the remainder of Tract Two called 1.64 acres, conveyed by Billy Wray Glenn et al to Round Rock Industrial Park in deed filed for record February 29, 1984 in Volume 980, Page 925, Official Records of Williamson County, Texas, for the southwest corner of said called 0.92 acre tract and the southwest corner of the herein described tract, from which a' /x inch iron rod with cap set in the south line of said Tract Two called 1.64 acres, in the existing easterly right of way line of Jaa Street (70' right of way width), as dedicated by said REMINGTON HEIGHTS, PHASE 1, SECTION A. for the northwest corner of said Lot 1, Block A and the southeast corner of a called CAI-239-0210 02 EXHIBIT A - I Page 11 of 12 ti 1.27 acre tract conveyed by Round Rock Industrial Park to Milburn Investments, Inc., in deed . filed. for record January 2, 1996 in Document No. 9600204, Official Records of Williamson Camay, Texas, bears S 87°36'54" W, a distance of 20.23 feet: THENCE, with the east line of said Tract Two called 1.64 acres, the west line of said called 0.92 acre tract and the west line of the herein described tract,. N 14°09'13" W (called N 14°12'08" W), a dunce of 800.73 (called 800.61) feet to a'h inch iron rod found in the existing south right of way fine of Louis Henna Boulevard (formerly known as County Road No. 170) (right of way wittily-dries), for the northeast corner of said Tract Two called 1.64 acres, the northwest corner of sal called 0.92 acre tract and the northwest corner of the herein described tract, from which a 1 inch iron rod set for the northeast corner of said Jaa Street (70' right of way width), for the northeast comer of said called 1.27 acre tract, bears, S 77°51'59" W, a distance of 19.82 feet; THENCE, with the egg south right of way line of said Louis Henna Boulevard (formerly known as County Road No. 170) (right of way width varies), the north line of said called 0.92 acre tract and the north line of the herein described tract, N 77 °44'20" E (called N 77°41'25" E), a distance of 50.17 (called 50.16) feet a'h inch iron rod set for the northeast corner of said called 0.92 acre tract, for the northwest corner of said Tract One called 141.27 acres and for the northeast corner of the herein described tract, from which a 1/2 inch iron rod found at the west con of a called 1.616 acre tract, conveyed by Round Rock Industrial Park to Williamson County, Texas in a Correction Dedication of Right of Way filed for record March 11, 1988 in Vohane 1639, Page 420, Official Records of Williamson County, Texas, bears, N 72°27'52" E, a distance of 262.72 feet; THENCE, with the west line of said Tract One called 141.27 acres, the east line of said 0.92 acre tract and east line of the herein described tract, S 14 °09'55" E (called S 14 °09'00" E), a distance of 808.86 (called 808.67) feet to the POINT OF BEGINNING, containing 0.928 acres of land, more or less, within these metes and bounds Refezmce is herein made to map or plat of this 0.928 acre tract accompanying this field vote description. Beat* Reference: The southwest line of Tract One called 141.27 acres conveyed by Billy Wray Glens et al, to Round Rock Industrial Park in deed filed for record February 29, 1984 in Volume 980, Page 925, Official Records of Williamson County, Texas. (N 59 °4700'W) I hereby certify that this description was prepared from the results of a survey made on the ground under my supervision. CAI - 239 - 0210.02 EXHIBIT /1 - 1 Page 12 of 12 raper ema EXHIBIT " A - DESCRIPTION FIELD NOTES FOR 19.191 ACRES OF LAND SITUATED IN THE MEMUCAN HUNT SURVEY, ABSTRACT NO. 314, WILLIAMSON COUNTY, TEXAS, BEING OUT OF THOSE CERTAIN TRACT ONE DESCRIBED IN DEED FROM BILLY WRAY GLENN et al, TO ROUND ROCK INDUSTRIAL PARK, . RECORDED FEBRUARY 29, 1984 IN VOLUME 980, PAGE 925, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 19.191 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2 inch iron rod found bent and replaced for the southwest corner of that certain tract of land described in deed from Billy Wray Glenn to Tommy Dale Arnold, recorded in Volume 686, Page _241, Deed Records of Williamson County, Texas, same being an interior ell corner of said Tract One, from which a 1/2 inch iron rod found in the south right of way line of County Road No. 170 (right of way width varies), for the easternmost northeast corner of said Tract One and the northwest corner of said Arnold tract, bears N 30 °05'30" E a distance of 438.96 feet THENCE, with a north line of said Tract One, the north line of the herein described tract, and the south line of said Arnold tract, S 59 °54'30" E, a distance of 524.66 feet to a 1/2 inch iron rod set for the northeast corner of the herein described tract, in the west line of a 50 foot wide access road easement (also known as Glenn Drive), as described in the following instruments of record: Volume 681, Page 797, Volume 715, Page 929, Volume 686, Page 241, Volume 763, Page 777, Volume 787, Page 776, Volume . 912, Page 135, Volume 917, Page 701 and Volume 917, Page 708, Deed Records of Williamson County, Texas, from which a 1/2 inch iron rod found bent and replaced in the cemeriine of said 50 foot wide .access road easement, in the west line of that certain tract described in deed to L. C. Schwartz, recorded in Volume 659, Page 405, Deed Records of Williamson County, Texas, for an exterior ell corner of said Tract One, bears S 59°54'30" E a distance of 25.00 feet; THENCE, over and across said Tract One, 25.00 feet west of and parallel with the centerline of said 50 foot wide access road easement, and with the east line of the herein described tract, S 30 °02'46" W a distance of 670.05 feet to a 1/2 inch iron rod set for the southeast corner of the herein described tract; THENCE, continuing over and across said Tract One, with the south, west, and north lines of the herein described tract, the following three (3) courses: 1) N 63 °50'14" W a distance of 1299.62 feet to a 1/2 inch iron rod set for the southwest corner of the herein described tract; 2) with a curve to the left having a central angle of 39 °31'25 ", a radius of 623 35 feet, an arc length of 430.00 feet, and a chord bearing and distance of N 06'38'35" E 421.52 feet to a `h inch iron rod set for the northwest corner of the herein described tract; 3) S 81°32'18" E a distance of 101024 feet to the POINT OF BEGINNING, containing 19.191 acres of land, more or less, within these metes and bounds. CAI-239-0210 02 EXHIB IT A •.2 P age 1 of 2 laiim0.n.. Bearing Reference: The southwesrline ofTractOne called- 141.29 conveyedby Billy Glenn et al, to Round Rock Industrial Park in deed filed for record February 29, 1984 in Volume 980, Page 925, Official Records of Williamson County, Texas. (N 59°4700"W) I hereby certify that this description was prepared from the results of a survey made on the ground under my supervision- GHAM_ x i s ri7V Tonal Land S eyor No. CAI- 239 -02 W 02 EXHIBIT 4- 2- Pace 2 of 2 THE STATE OF TEXAS COUNTY OF WILLIAMSON A -'EST: Name: ale•. COMMONWEALTH OF PENNSYLVANIA COUNTY OF ry /LE/4 Z: \legal \warner ranch\Iienholder consein EXHIBIT " LIENHOLDEIVS C iNSENT That Mellon Bank, N.A., acting herein by and through its duly authorized officers, being the holder of a lien as evidenced by Deed of Trust and Security Agreement recorded in YAW* Document 174? 965666 of the Official Records of Williamson County, Texas, covering 19.191 acres of land situated in Round Rock, Williamson County, Texas, being more particularly described therein, does hereby consent to the Agreement and Development Plan of Wamer Ranch Planned Unit Development No. 42, and does further hereby join, approve and consent to all provisions shown therein. MELLON BANK, N.A. ` This instrument was acknowledged before me on the o1 7 day of September,1999 by _ ■) / i iES G . MCAUA1 n/ , VICE PRE s i a += N r of Mellon Bank, N.A., a national banking association, on behalf of said association. 1�F 1tary� Public, om m�of Pennsylvania Printed Name of Notary: / t, R/ST /NE -CH OSTEW. Commission Expires: -/ 7 - 03 Notarial Seal animism Shostek. Notary Public Pittsburgh, Allegheny County My Commission Expires Apr. 17, 2003 Member, Pennsylvania Assccialion of Nciares 100' H.U.W. I Co GUNSIS I OF FOUR LANE DIVIDED MEDIAN ROAD WHICH TRANSITIONS TO 70' R.O.W. FOUR LANE UNDIVIDED ROAD PARCEL 3 MULTI -FAMLY - C 26.0 GROSS AC PARCEL 8 COMMERCIAL - A 22.5 GROSS AC PARCEL 1 MULTI -FAMLY - A 192 GROSS AC PARCEL 2 MULTI - FAMILY - 8 21.2 GROSS AC ADDITIONAL EASEMENT AT ENTRY FOR COMMUNITY IDENTIFICATION CONNECTION TO FUTURE EXTENSION OF VICTORIA STATION BLVD. PARCEL 7 COMMERCIAL - B 7.5 GROSS AC PARCEL S COMMUNITY PARK 32 GROSS AC MASTER PLAN WARNER RANCH THE HANOVER COMPANY BUSINESS PARK 14.7 GROSS 50' PUBLIC R.O.W. TEMPORARY CUL -DE -SAC EASEMENT TO BE USED UNTIL THRU - CONNECTION BUILT - PARCEL 5 BUSINESS PARK 4.8 GROSS AC EXHIBIT C e n. a. 1, law EXHIBIT "D" DEVELOPMENT STANDARDS DEVELOPMENT PARCELS "1 2 and 3" MULTI FAMILY DEVELOPMENT PARCELS The following Development Standards shall apply to all development on portions of the Property which are identified as Development Parcels "1, 2 and 3" on the Master Plan attached hereto as Exhibit "C ". 1. PERMITTED USES: The following principal uses are permitted: A maximum density of twenty (20) Multi - family residential dwelling units per acre, together with accompanying recreational amenities, shall be permitted on Parcels 1, 2 and 3. The requirements of this Development Agreement replace 11.320 (3), (q) and (r) of the Code. 2. HEIGHT: No building on the property shall exceed three (3) stories in height or fifty feet (50'), measured from the finished slab elevation to the peak of the roof, except as otherwise specified herein. The requirements of this Development Agreement replace 11.310 (4), (b), (iii) and (iv) of the Code. 3. DESIGN STANDARDS: 3.1 Exterior Finish: The exterior finish of all buildings shall be masonry, except for doors, windows and trim. Masonry shall mean stone, simulated stone, brick, stucco, or cement based siding such as "Hardi Plank ". Cement based siding shall not comprise more than fifty percent (50 %) of the rexnseruDawARREN2.ewvwo 14. exterior finish (breezeways and patio or balcony insets are not included in this calculation). 3.2 Roofing Materials: Roofing materials shall consist of twenty -five (25) year architectural dimensional shingles, tile or non - reflective metal. 3.3 Building Elevations: Any wall in excess of seventy -five (75') feet in length shall include off sets, to preclude a box design. 3.4 Building Height Variation: Multi- family buildings located within 100 feet of Warner Ranch Ranch shall be one (1) story, two (2) story or three story / two story split buildings. 3.5 Special Design Features: All buildings, other than garages, shall contain a minimum four (4) of the following design features, which shall be chosen by the Owner. The design features are as defined in Identifying American Architecture, by John Blumenson, 2nd Edition, Copyright 1981, W.W. Norton & Co., N.Y. 3.5.1 Bow window. 3.5.2 Bay window. 3.5.3 Arched window. 3.5.4 Gable window. 3.5.5 Oval or round windows. 3.5.6 Shutters. 3.5.7 Arched entry, balcony or breezeway entrance. 3.5.8 Stone or brick accent wall. 3.5.9 Decorative stone or brick band. 3.5.10 Decorative tile. 3.5.11 Veranda, terrace, porch or balcony. 3.5.12 Projected wall or dormer. 3.5.13 Variation of roof lines on the building. 3.5.14 Decorative caps on chimneys. 3.5.15 Gable, gambrel, mansard and hip roof design, or as approved by the Director of Planning & Community Development. 15. 4. BUILDING SETBACKS: 4.1 Primary Building Setbacks: 4.1.1 Minimum building setbacks from the Warner Ranch Road shall be thirty -five (35') feet. 4.1.2 Minimum building setbacks from any other public streets shall be twenty-five (25') feet. 4.1.3 Minimum building setbacks from all internal property lines shall be twenty (20') feet. 4.2 Carports and garages: 4.2.1 Street Yard setbacks: Carports and garages shall not be permitted within the landscape easements identified on Exhibit "C ". 4.2.2 All other yard set backs: Carport and garage setbacks for all other yards shall be ten (10') feet. 4.2.3 A minimum of eighteen percent (18 %) of the dwelling units shall be provided with covered parking in the form of an attached garage, a detached garage, or a carport. 5. PHASED DEVELOPMENT: 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. The exact area and configuration of Parcels 1, 2 and 3 may vary from those identified in Exhibit "C" but the total area and the configuration of the Parcels 1,2 and 3 combined shall be as identified on Exhibit "C ", but shall not exceed a combined total of 65.91 acres, and shall be no more than three parcels. 6. SERVICE AREAS: 6.1 Trash Storage Refuse storage enclosures are required for all developments. Enclosures must be of sufficient height to completely screen all refuse containers and must be provided with gates, so as to provide screening of views from adjacent lots and public rights -of -way. All enclosures must be constructed of permanent materials (concrete, masonry, wood, 16. steel, etc., but not chain link). Refuse storage areas must be designed to contain all refuse generated on -site between collections. 6.2 Roof Mounted Mechanical Equipment: All roof mounted mechanical elements must be screened from view from the public right -of- way. Screening must be compatible with the building design. 6.3 Street Level Mechanical Equipment: All ground - mounted service equipment (e.g., air conditioners, transformers, trash collection equipment) related to each building will be screened with landscaping to soften the visual appearance. 7. LANDSCAPING: 7.1 Landscape Easement: 7.1.1 Easement adjacent to public streets: A thirty-five foot (35') wide landscape easement shall be provided adjacent Wamer Ranch Road. All areas located within these Landscape Easements shall be used solely for the purpose of landscaping, except for sidewalks, driveways, lighting, monument signs, irrigation, entry features, underground utilities, meters, utility structures and equipment required to provide utilities to the Property. This shall be credited against the street yard landscaping requirement of the Code. 7.2 Boulevard Trees: Boulevard trees shall be planted within the landscape easement adjacent to all public streets. Boulevard trees shall be planted thirty feet (30') apart. Boulevard trees shall have a minimum caliper size of 2.5- inches and be selected from one of the following species; Live Oak, Bur Oak, Shumard Oak, Cedar Elm, Pecan, Chinkapin Oak or Bradford Pear. Boulevard trees shall be planted prior to the issuance of a Certificate of Occupancy for each development parcel. 7.3 Open Space: All areas of a development parcel for which a Certificate of Occupancy has been issued, and which do not contain buildings, structures, parking lots, sidewalks, fountains, site furniture or other improvements, including, but not limited to, front, side and rear building set back areas, and all areas between the curb line and the property line, must be planted, landscaped, and maintained in good condition. The landscape planting must provide for easy maintenance. Utility easements will be landscaped consistent with other landscape areas where allowed by the respective utility company. 17. 7.4 Rights of Way: Owner shall be responsible for landscaping and irrigating areas within all rights -of -way, pursuant to a license agreement with the City. 7.5 Grass: All landscaped areas not in groundcover or shrub beds shall be sodded with grass. Overseeding in fall with cool season native grasses is allowed. 7.6 Irrigation: An underground, automatic irrigation system must be installed in all landscaped areas. Sprinkler heads must be located to effectively water the landscaped areas with minimal spray onto roadways, parking areas and walkways. 8. UTILITY LINES: All utility service lines must be underground to connection points provided by the utility service provider. All transformers must be screened. 9. FENCING: 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: 9.1 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 to ensure a sturdy and durable fence. Street yard fence materials shall wrap around and extend a minimum of fifty feet (50') along side property lines. 9.2 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 steel, treated wood or similar material set in concrete. The finished side of all perimeter fencing shall face the outside of the development. 10. SITE PLAN REQUIRED: A site plan for each phase of development shall be submitted to the City's Development Review Board to ensure compliance with the terms of this agreement prior to the issuance of each building permit. 11. SIGNS: All freestanding signs shall be Monument Signs, as defined by the Code. 18. 12. VEHICLES IN STREET YARDS: No recreational vehicles, boats, trailers or commercial trucks shall be permitted to be parked in any street yard. 13. PARKING STANDARDS: The following parking requirements shall be provided with each phase of development. Parking spaces for each one bedroom dwelling unit. 1.5 spaces Parking spaces for each two bedroom dwelling unit. 2.0 spaces Parking spaces for each three bedroom dwelling unit. 3.0 spaces Additional parking in the amount equal to three percent (3 %) of the combined parking required for the dwelling units shall be provided to accommodate guest parking_ All parking spaces shall be a minimum of nine feet (9') wide. No tandem parking shall be permitted. 19. Development Parcels "4" and "5 ", as generally identified on Exhibit "C ", shall be developed in accordance with the following development standards. The Following Development Standards shall apply to all development on portions of the Property, which are identified as Development Parcels "4 and 5" on the Master Plan attached hereto as Exhibit "C ". 1. PERMITTED USES: The following principal uses are permitted: Business Park uses, which is herein defined as a use intended to accomodate, in a park -like setting, a limited group of office, office- warehouse, research & development, technical schools, light manufacturing & assembly conducted wholly within a building, the sale of goods produced or assembled on site, and limited commercial support services, such as daycare centers and health clubs. 2. PROHIBITED USES: 3. ACCESS DEVELOPMENT PARCELS "4" and "5 ": The following uses are prohibited: cell telephone towers or other towers in excess of thirty (30') feet, mini - warehouses, flea markets, sexually oriented businesses, portable buildings sales except as incidental to other retail sales, amusement parks or carnivals, wholesale nurseries, recreational vehicle parks, outdoor shooting ranges, pawn shops, heavy equipment sales, kennels (but not prohibiting pet shops and veterinary clinics with overnight facilities), vehicle sales, auto body and paint shops and truck stops. Access to Development Parcels 4 and 5 shall be from a thirty -foot (30') wide public street to be constructed within a fifty -foot (50') right of way. Parking on this street shall be prohibited. 4. PROHIBITED BUILDING MATERIALS: 20. The following materials are prohibited on the exterior walls of all buildings and structures (this section does not apply to roofs): 5.4 Loading areas: Sheet metal, corrugated metal, and unfinished Aluminum Asbestos Galvanized Steel Mirrored Glass (reflectivity of 20% or more) 5. SERVICE & LOADING AREAS: 5.1 Screening Required: No dock high loading area is permitted unless such area is visually screened from public streets. - 5.2 Delivery Vehicles: All delivery and utility vehicles stored on -site must be inside a closed building or within a screened portion of the site. 5.3 Service Areas: Service areas will be screened from all public streets. Methods of screening include walled entrances, evergreen landscaping, and depressed service areas. Screening walls must be constructed of the same materials as the main building. All loading and service areas must be clearly signed. Loading spaces must be clearly denoted on the pavement and designed so as not to prohibit on -site vehicular circulation when occupied. Loading spaces will be located directly in front of a loading door. Loading areas must be designed to accommodate backing and maneuvering on -site, not from a public street. Regardless of orientation, loading doors may not be located closer that fifty feet (50') from a public or private right -of -way. 5.5 Trash Storage Refuse storage enclosures are required for all buildings. Enclosures must be of sufficient height to completely screen all refuse containers, so as to provide screening of views from public streets. All enclosures must be constructed of permanent materials (concrete, masonry, wood, etc.) which are compatible with the building it serves. Refuse storage areas must be designed to contain all refuse generated on -site between collections. 5.6 Street Level Mechanical Equipment: 21. All ground - mounted service equipment (e.g., air conditioners, transformers, trash collection equipment) related to each building will be consolidated in an enclosed service area. Landscaping will be used to soften the visual appearance of the walls enclosing the service area. Service areas must be paved, curbed, and internally drained. 5.7 Roof Mounted Mechanical Equipment: All roof mounted mechanical elements, including antennae, must be screened from view from the public right -of -way. Screening must be compatible with the building design. 6. LANDSCAPING: 6.1 Landscape easement adjacent to public streets: A twenty -five foot (25') wide landscape easement shall be provided adjacent to the public roadway generally identified on Exhibit "C ". All areas located within these Landscape Easements shall be used solely for the purpose of landscaping, except for sidewalks, driveways, lighting, monument signs, irrigation, entry features, underground utilities, meters, utility structures and equipment required to provide utilities to the Property. This shall be credited against the street yard landscape requirements in the Code. 6.2 Boulevard Trees: Boulevard trees shall be planted within the landscape easement adjacent to the street. Boulevard trees shall be planted thirty feet (30') apart. Boulevard trees shall have a minimum caliper size of 2.5- inches and be selected from one of the following species; Live Oak, Bur Oak, Shumard Oak, Cedar Elm, Bradford Pear, Pecan or Chinkapin Oak. Boulevard trees shall be planted prior to the issuance of a Certificate of Occupancy for each development parcel. 6.3 Open Space: All parcels for which a building permit and a Certificate of Occupancy have been issued and which do not contain buildings, structures, parking lots, sidewalks, fountains, site furniture or other improvements, including, but not limited to, front, side and rear building set back areas, and all areas between the curb line and the property line, must be planted, landscaped, and maintained in good condition. The landscape planting must provide for easy maintenance. Utility easements will be landscaped consistent with other landscape areas where allowed by the respective utility company. 6.4 Rights of Way: 22. Areas within the road right -of -way must be landscaped only in accordance with a license agreement with the City. 6.5 Grass: All landscaped areas not in groundcover or shrub beds will be sodded. Overseeding in fall with cool season native grasses is allowed. 6.6 Irrigation: An underground, automatic irrigation system must be installed in all landscaped areas. Sprinkler heads must be located to effectively water the landscaped areas with minimal spray onto roadways, parking areas and walkways. 7. UTILITY LINES: All utility service lines must be underground to connection points provided by the utility service provider. All transformers must be screened. 8. DESIGN STANDARDS: 8.1 Height: The maximum height of buildings, including towers, on the property shall be two (2) stories or thirty feet (30'). 8.2 Building Setbacks: 8.1.1 Minimum building setbacks from public streets shall be twenty five feet (25'). 8.1.2 Minimum building setbacks from all intemal property lines shall be twenty feet (20'). 8.3 Phased Development: 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. 9.0 PARKING LOT LIGHTING All fixtures shall be shielded or hooded so that light is directed downward to minimize execessive glare and sky glow pollution. Light Standards shall be metal poles. 23. 3. OUTDOOR SALES & DISPLAYS DEVELOPMENT PARCELS "6 and 7" COMMER DEVELO PAR The Following Development Standards shall apply to all development on portions of the Property, which are identified as Development Parcels "6 and 7" on the Master Plan attached hereto as Exhibit "C ". 1. PERMITTED USES: The following principal uses are permitted: All C -1 General Commercial uses identified in the City of Round Rock Zoning Ordinance except for uses listed in Paragraph 2, below. 2. PROHIBITED USES: The following uses are prohibited on the property: cell towers and other towers over thirty (30') feet in height, mini- warehouses, flea markets, sexually oriented businesses, portable buildings sales except as incidental to other retail sales, amusement parks or carnivals, wholesale nurseries, recreational vehicle parks, outdoor shooting ranges, pawn shops, heavy equipment sales, kennels (but not prohibiting pet shops and veterinary clinics with overnight facilities), vehicle sales, auto body and paint shops and truck stops. Outdoor sales and displays are permitted in conjunction with the use of a building only in areas designated on the site plan filed with the City for such building. Outdoor sales and displays are further limited to outdoor cafes and outdoor dining areas that: (i) are located and operated as an integral part of the principal use, and (ii) do not comprise a separate business use or a separate business activity. Parking requirements contained in the Code will apply to all outdoor cafes and dining areas in the same manner that such requirements apply to enclosed buildings. 4. PROHIBITED BUILDING MATERIALS: The following materials are prohibited on the exterior walls of all buildings and structures (this section does not apply to roofs): Sheet metal, corrugated metal, and unfinished Aluminum Asbestos 24. 5. SERVICE & LOADING AREAS: 5.1 Screening Required: No dock high loading area is permitted unless such area is visually screened from public view. 5.2 Delivery Vehicles: All delivery and utility vehicles stored on -site must be inside a closed building or within a screened portion of the site. 5.3 Service Areas: Service areas will be screened from adjacent tracts and all public rights -of —way. Methods of screening include walled entrances, evergreen landscaping, and depressed service areas. 5.4 Loading areas: All loading and service areas must be clearly signed. Loading spaces must be clearly denoted on the pavement and designed so as not to prohibit on -site vehicular circulation when occupied. Loading spaces will be located directly in front of a loading door. Loading areas must be designed to accommodate backing and maneuvering on -site, not from a public street. Regardless of orientation, loading doors may not be located closer than fifty feet (50') from a public or private right -of -way. 5.5 Trash Storage Galvanized Steel Mirrored Glass (reflectivity of 20% or more) Refuse storage enclosures are required for all buildings. Enclosures must be of sufficient height to completely screen all refuse containers, so as to provide screening of views from adjacent lots and public rights -of -way. All enclosures must be constructed of permanent materials (concrete, masonry, wood, etc.) which are compatible with the building it serves. Refuse storage areas must be designed to contain all refuse generated on -site between collections. 5.6 Street Level Mechanical Equipment: All ground- mounted service equipment (e.g., air conditioners, transformers, trash collection equipment) related to each building will be consolidated in an enclosed service area. 25. Landscaping will be used to soften the visual appearance of the walls enclosing the service area. Service areas must be paved, curbed, and internally drained. 5.7 Roof Mounted Mechanical Equipment: All roof mounted mechanical elements must be screened from view from the public right -of- way and Development Parcels 1, 2 and 3. Screening must be compatible with the building design. 6. LANDSCAPING: 6.1 Landscape Easement: 6.1.1 Easement adjacent to public streets: A thirty -five foot (35') wide landscape easement shall be provided adjacent to Warner Ranch Road as generally identified on Exhibit "C ". All areas located within these Landscape Easements shall be used solely for the purpose of landscaping, except for sidewalks, driveways, lighting, monument signs, irrigation, entry features, underground utilities, meters, utility structures and equipment required to provide utilities to the Property. This will be credited against Street Yard Landscape requirements. 6.1.2 Easement adjacent to Louis Henna Boulevard: The one hundred fifty foot (150') right of way dedication for State Highway 45 shall permit a landscape and irrigation easement which would allow the Owner the right, but not the obligation, to landscape and maintain landscaping within the dedicated right of way, until such time as the property is actually required for highway construction. A license agreement covering the terms of the easement shall be required prior to the Owner landscaping any portion of the right of way. This easement shall be provided at no cost to the Owner. 6.1.3 Easement adjacent to Jazz Street: A twenty-five foot (25') landscape easement shall be provided adjacent to Jazz Street as generally identified on Exhibit "C ", attached hereto. All areas located within these Landscape Easements shall be used solely for the purpose of landscaping, except for sidewalks, driveways, lighting, monument signs, irrigation, entry features, underground utilities, meters, utility structures and equipment required to provide utilities to the Property. This will be credited against Street Yard Landscape requirements. 6.2 Boulevard Trees: Boulevard trees shall be planted within the landscape easement adjacent toWarner Ranch Road. The boulevard trees shall be planted prior to the issuance of a Certificate of Occupancy for the first multi- family building on development parcels I, 2 or 3. This requirement includes Boulevard trees along the entire Warner Ranch Road frontage of the development parcel for which the Certificate of Occupancy is issued. If development parcels 26. 6 or 7 are developed prior to development parcels 1, 2 or 3, the required Boulevard Trees adjacent to that development parcel shall be constructed as part of that development. Boulevard trees shall be planted thirty feet (30') apart. Boulevard trees shall have a minimum caliper size of 2.5- inches and be selected from one of the following species; Live Oak, Bur Oak, Shumard Oak, Cedar Elm, Bradford Pear, Pecan or Chinkapin Oak. 6.3 Open Space: All parcels for which a building permit and a Certificate of Occupancy have been issued and which do not contain buildings, structures, parking lots, sidewalks, fountains, site furniture or other improvements, including, but not limited to, front, side and rear building set back areas. and all areas between the curb line and the property line, must be planted, landscaped, and maintained in good condition. The landscape planting must provide for easy maintenance. Utility easements will be landscaped consistent with other landscape areas where allowed by the respective utility company. 6.4 Rights of Way: Areas within the road right -of -way must be landscaped and irrigated only in accordance with a license agreement with the City. 6.5 Grass: All landscaped areas not in groundcover or shrub beds will be planted in grasses, preferably sod. Overseeding in fall with cool season native grasses is allowed. 6.6 Irrigation: An underground, automatic irrigation system must be installed in all landscaped areas. Sprinkler heads must be located to effectively water the landscaped areas with minimal spray onto roadways, parking areas and walkways. 6.7 Parking Areas: In all vehicular use areas and parking areas, a minimum of ninety (90) square feet for each twelve (12) parking spaces must be devoted to landscaped strips, islands, peninsulas, medians, or other landscaped areas (the "Minimum Parking Area Landscaping Requirement "). As partial fulfillment of the Minimum Parking Area Landscaping Requirement, any parking area containing five or more parking rows of double vehicle depth will include a landscaped strip no less than ten feet (10') wide at least every fourth parking row of double vehicle depth. The landscaped strip will be installed with trees planted no less 27. than every sixty (60) linear feet. This shall be credited against Street Yard Landscape requirements and other applicable landscape requirements. 7. UTILITY LINES: All utility service lines must be underground to connection points provided by the utility service provider. All transformers must be screened. 8. DESIGN STANDARDS: 8.1 Height: The maximum height of buildings on the property shall be sixty feet (60') (as specified in the C -1 General Commercial Zoning District). 8.2 Building Setbacks: 8.2.1 Minimum building setbacks from the Warner Ranch Road identified on Exhibit "C" shall be Thirty-five (35') feet. 8.2.2 Minimum building setbacks from any other public streets shall be twenty -five feet (25'). 8.2.3 Minimum building setbacks from all internal property lines shall be twenty feet (20'). 8.3 Phased Development: 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. 9. SPECIAL PROVISIONS FOR JAZZ STREET Trucks larger than one ton shall be prohibited from using the Jazz Street driveway to Parcel 7, identified on Exhibit "C ", attached hereto. 10. PARKING LOT LIGHTING All light fixtures shall be shielded or hooded so that light is directed downward to minimize excessive glare and sky glow pollution. Light standards shall be metal poles. 28. 1. DEVELOPMENT STANDARDS: DEVELOPMENT PARCEL "8" PARK PARCEL Development Parcel "8 ", as generally identified on Exhibit "C ", shall be developed for public or private recreational uses and open space. Development standards shall be those standards contained in the OS (Open Space) Zoning District. 2. LANDSCAPE EASEMENT: An additional thirty -five foot (35') wide landscape easement shall be provided adjacent to the Collector Street. This will result in a total landscape easement of seventy feet (70'). A twenty -five foot (25') wide landscape easement shall be provided along the southem boundary of Parcel 7 for the purpose of providing additional screening of commercial uses on Parcel 7 from park uses on Parcel 8. 3. BOULEVARD TREES: Boulevard trees shall be planted within the landscape easement adjacent toWamer Ranch Road. Boulevard trees shall be planted thirty feet (30') apart. Boulevard trees shall have a minimum caliper size of 2.5- inches and be selected from one of the following species; Live Oak, Bur Oak, Shumard Oak, Cedar Elm, Bradford Pear, Pecan or Chinkapin Oak. Boulevard trees shall be planted prior to the first Certificate of Occupancy for multi family development on development parcels 1, 2 or 3. 29. 1. DEVELOPMENT STANDARDS: Development Parcel "9 ", as generally identified on Exhibit "C ", shall be developed for Single family Residential uses as permitted in the City of Round Rock SF -2 Zoning District. Development standards for this development shall be those contained in the SF -2 Zoning District. 2. LANDSCAPE EASEMENT: 3. BOULEVARD TREES: DEVELOPMENT PARCEL "9" SINGLE FAMILY RESIDENTIAL PARCEL A twenty (20') foot wide landscape easement shall be provided between the single - family residential lots and the Warner Ranch Road identified on Exhibit "C ". All areas located within the landscape easements shall be used solely for the purpose of landscaping, except for sidewalks, driveways, lighting, irrigation, underground utilities, meters, utility structures and equipment required to provide utilities to the Property. Boulevard trees shall be planted within the landscape easement adjacent to the Collector Street. Boulevard trees shall be planted thirty feet (30') apart. Boulevard trees shall have a minimum caliper size of 25- inches and be selected from one of the following species; Live Oak, Bur Oak, Shumard Oak, Cedar Elm or Bradford Pear. Boulevard trees shall be planted prior to the issuance of the first building permit for single family development. 4. MINIMUM HOME AND LOT SIZE: The minimum home size exclusive of garages shall be 1,400 square feet. The minimum lot size shall be 6,500 sq. ft. 5. PROTECTION OF EXISTING TREES: The existing trees located along the common boundary between Parcel 9 and the Remington Heights Subdivision shall be protected during the platting and construction of the subdivision of Parcel 9. A tree survey shall be submitted with the final subdivision plat. 30. THEME IDENTIFICATION/ ENTRY ;IGNAGE AT MAJOR ENTRY EXHIBIT "E" 45/ LOUIS HENNAR.O.W. EXHIBIT "E" FILED AND RECORDED OFFICIAL PUBLIC RECORDS �afie C - 11- 09- 19999 11:45 AN 199976018 NANCY E.MRI5TE $137.00 CLERK WILLIAMSON COUNTY, TEXAS Retuuyu CITY OF ROUND ROCK ADMINISTRATION 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664 THE STATE OF TEXAS COUNTY OF WILLIAMSON Z:\1egahwarner ranch fka round rockAdeedmad.doc SPECIAL WARRANTY DEED (Road Property) 1 2000035393 8 s VILLAGES AT WARNER RANCH PUD, LP, a Delaware limited partnership (hereinafter referred to as "Grantor "), for and in consideration of the sum of TEN AND NO /100 DOLLARS (810.00) and other good and valuable consideration to the undersigned in hand paid by CITY OF ROUND ROCK (hereinafter referred to as "Grantee "), whose address is 221 East Main Street, Round Rock, Texas 78664, the receipt and sufficiency of which is hereby acknowledged, has DEDICATED, GRANTED, SOLD and CONVEYED, and by these presents does DEDICATE, GRANT, SELL and CONVEY, unto the Grantee, the tract or parcel of land more particularly described in Exhibit A attached hereto and by this reference made a part hereof (the "Land "), together with all of Grantor's rights, titles and interests in and to any and all appurtenances benefiting and appertaining thereto (collectively, the "Property "), for public right-of-way purposes. The Property is conveyed by Grantor to Grantee for use as a public right-of-way pursuant to and as contemplated by Planned Unit Development No. 42 ( "PUD ") and is subject and subordinate to all matters of record, to the extent and only to the extent that the same affect or relate to the Property (herein called the "Permitted Encumbrances "). TO HAVE AND TO HOLD the Property, subject to the Permitted Encumbrances, as aforesaid, unto Grantee, its successors and assigns, to be used as a public right-of-way forever; provided, however, it is expressly agreed that the said Property or such portion thereof not used by the Grantee as a public right -of- way shall automatically revert to Grantor whenever the same shall be abandoned by Grantee or shall cease to be used and maintained by Grantee as a public right-of-way for a period of five (5) consecutive years. Grantor does hereby bind itself, its successors and assigns, subject as aforesaid, to Warrant and Forever Defend all and singular the Property unto the Grantee, its successors and assigns, against every person whomsoever, lawfully claiming or to claim the same, or any part thereof by, through or under Grantor, but not otherwise. Grantor hereby reserves for the benefit of itself and its successors and assigns a non - exclusive perpetual easement and right-of-way over, upon, under and across the Property for access, ingress and egress for pedestrian and vehicular right -of -way and for using, constructing maintaining repairing and/or replacing any future aboveground or underground utilities for the benefit of any land located within the PUD. The foregoing reservation shall be a covenant running with the land and shall be appurtenant to all lands and facilities located within the PUD that are or will be served by or which benefit or will benefit from any such easements. EXCEPT FOR THE WARRANTIES OF TITLE EXPRESSLY PROVIDED HEREIN, GRANTOR HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE WHATSOEVER (INCLUDING WARRANTIES OF HABITABILITY, MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE), WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES WITH RESPECT TO THE PROPERTY, THE SOIL CONDITIONS OR THE SUITABILITY OF THE PROPERTY FOR GRANTEE'S INTENDED USE THEREOF AND • GRANTEE, BY ITS ACCEPTANCE HEREOF, ACKNOWLEDGES THAT GRANTEE IS PURCHASING THE PROPERTY "AS IS ", "WHERE IS" AND "WITH ALL FAULTS ". 1999. DATED as of October 21, 1999, but to be effective as of the day of THE STATE OF TEXAS COUNTY OF HARRIS evrvrw.�vvw.iir�r� SHIRLEY BANKS ROBINSON NOTARY PUBLIC, STATE OF TEXAS MY COMMISSION EXPIRES MARCH 16, 2003 . e r � r ✓ r f. v. r. i r. � v i � . � v. v After Recording Return to: Joanne Land, Assistant City Manager City of Round Rock 221 East Main Street Round Rock, Texas 78664 Z :\legal \wamer ranch Bra sound rock \d edmad.doc VILLAGES AT WARNER RANCH PUD, LP By: THC/Southwest Division Limited Partnership, its general partner By: Hanover G.P LLC, its general partner By: This instrument was acknowledged before me on the oVa - day of October, 1999, by Kathy K. Binford, Vice President of Hanover G.P. LLC, a Texas limited liability company and general partner of THC /Southwest Division Limited Partnership, a Texas limited partnership, on behalf of said partnership as the general partner of Villages at Warner Ranch PUD, LP, a Delaware limited partnership, as the act and deed of said company and partnerships. 2 EXHIBIT "A" 3.448 ACRES OF LAND DESCRIPTION FIELD NOTES FOR 3.448 ACRES OF LAND SITUATED IN THE MEMUCAN HUNT SURVEY, ABSTRACT NO. 314, WILLIAMSON COUNTY, TEXAS, BEING OUT OF THOSE CERTAIN TRACTS ONE AND TWO DESCRIBED IN DEED FROM BILLY WRAY GLENN et al, TO ROUND ROCK INDUSTRIAL PARK, RECORDED FEBRUARY 29, 1984 IN VOLUME 980, PAGE 925, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING OUT OF THAT CERTAIN TRACT OF LAND CALLED 0.92 ACRES DESCRIBED IN DEED FROM MILBURN INVESTMENTS, INC. TO ROUND ROCK INDUSTRIAL PARK, RECORDED JANUARY 2, 1996 IN DOCUMENT NO. 9600209, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 3.448 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a'/ inch iron rod set in the north line of said Tract Two, same being in the south right of way line of Louis Henna Boulevard (formerly known as County Road No. 170), (right of way width varies), in the east right of way fine of Jazz Street (70' right of way width) as dedicated by REMINGTON HEIGHTS, PHASE 1, SECTION A, a subdivision in Williamson County, Texas according to the map or plat thereof recorded in Cabinet N, Slide 238- 240, Plat Records of Williamson County, Texas, for the northeast corner of that certain 1.27 acre tract of land described in deed from Round Rock Indtstrial Park to Milburn Investments, Inc, recorded January 2, 1996 in Document No. 9600204, Official Records of Williamson County, Texas, and for the northwest corner of the herein described tract, from which a '/x inch iron rod found in the north right of way line of said Louis Henna Boulevard and for the northwest corner of that certain tract of land described in right of way deed from Catlyn Round Rock, Ltd. To the City of Round Rock recorded April 21, 1997 in Document No. 9717065, Official Records of Williamson County, Texas bears, N 30°50'47" W a distance of 273.50 feet; THENCE with the south right of way line of said Louis Henna Boulevard, and the north line of the herein described tract the following three (3) courses and distances: 1) N 77°51'59" E a distance of 19.82 feet to a' 'A inch iron rod found' for the northeast corner of said Tract Two and the northwest corner of said 0.92 acre tract; 2) N 77 °44'20" E a distance of 50.17 feet to a Si inch iron rod found for the northeast corner of said 0.92 acre tract and the northwest corner of said Tract One; 3) N 72 °27'52" E a distance of 262.72 feet to a1 inch iron rod found at the west corner of that certain tract of land described in Correction Dedication of Right of Way deed from Round Rock Industrial Park to Williamson County, Texas recorded March 11, 1988 in Volume 1639, Page 420, Official Records of Williamson County, Texas; THENCE with the south right of way line of said Louis Henna Boulevard, the south line of said Williamson County tract, and the north line of the herein described tract the following four (4) courses CAI- 239 -0504 Page 1 of 3 and distances: 1) with a curve to the right having a central angle of 02°27'48", a radius of 3260.57 feet, an arc length of 140.19 feet, and a chord bearing and distance ofN 81 °19'03" E 140.18 feet to a'' /z inch iron rod found; 2) N 82°25'39" E a distance of 390.65 feet to a''A inch iron rod found; 3) with said curve to the left having a central angle of 10 °42'47 ", a radius of 2182.60 feet, an arc length of 408.10 feet, and a chord bearing and distance of N 77 °10'25" E 407.50 feet to a'% inch iron rod found, from which a' inch iron rod found bears N 82°11' E a distance of 0.13 feet; 4) N 71°22'15" E a distance of 11.16 feet to a '/s inch iron rod found in the east line of said Tract One in the west right of way line of County Road No. 170 (right of way width varies), fbr the southeast corner of said Williamson County tract, and the northeast corner of the herein described tract, from which a ''A inch iron rod found bears 5 57°50' E a distance of 0.26 feet, and from which a % inch iron rod found in the north right of way line of said Louis Henna Boulevard and for the northeast corner of said City of Round Rock tract bears N 22°11'32" W a distance of 315.96 feet; THENCE with the east line of said Tract One, the west right of way line of said County Road No. 170, and the east tine of the herein described tract, S 51 °43'28" E a distance of 89.77 feet to a'h inch iron rod with cap set for southeast corner of the herein described tract, from which a''A inch iron rod found in east line of said Tract One and the west right of way line of said County Road No. 170 bears S 51 °43'28" E a distance of 528.60 feet; THENCE over and across said Tract One and with the south line of the herein described tract the following three (3) courses and distances: 1) S 71 °40'35" W a distance of 81.97 feet to a'A inch iron rod with cap set; 2) S 02 °24'56" W a distance of 10.50 feet to a % inch iron rod with cap set; 3) S 75 °57'33" W a distance of 1248.35 feet to a % inch iron rod with cap set in the west line of said Milburn Investments, Inc. tract, the east right of way line of said Jazz Street, and for the southwest corner of the herein described tract, from which a 1 inch iron rod with cap set in the east right of way line of said Jazz Street and for the southeast corner of said Milburn Investments, Inc. tract bears S 14°09'13" E a distance of 659.02 feet; THENCE with the went line of said Milburn Investments, Inc. tract, the east right of way line of said Jazz Street, and the west line of the herein described tract, N 14° 09'13" W a distance of 138.28 feet to the POINT OF BEGINNING, containing 3.448 acres of land, more or less, within these metes and bounds. CAI - 239 -0504 Page 2 of 3 01,1....x." Reference is herein made to the sketch of this 3.448 of one acre tract accompanying this description. Bearing Reference: The southwest line of Tract One called 141.27 acres conveyed by Billy Wray Glenn et al, to Round Rock Industrial Park in deed filed for record February 29, 1984 in Volume 980, Page 925, Official Records of Williamson County, Texas. (N 59°47'00'W) 1 hereby certify that this description was prepared from the results of a survey made on the ground under my supervision. CAI- 239 -0504 Page 3 of 3 11114$ ilicdionds CLIENT: HANOYER RS LID. AFC (FORMERLY KNOWN AS COUNTY ROAD No. 170) (R.O.W. WIDTH VARIES) N 72'27'52" E L1 L2 262.72' 1.27 ACRES ROUND ROCK INDUSTRIAL PARK TO WILBURN INVESMENTS. INC. DOC. 1 9800204 O.R.W.C. (1 -2 -98) REWARDER OF TRACT TWO 1.84 ACRES BU LY WRAY GLENN et al TO ROUND ROCK INDUSTRIAL PARK VOL 980. PG. 925 O.R.W.C. (2- 29-84) 0.92 ACRES 111.BURN INVESTMENTS. INC TO ROUND ROCK INDUSTRIAL PARK DOC. 1 9800209 O.R.W.C. (1 -2 -96) REMINGTON HEIGHTS PHASE 1 SECTION A CAB. N, SLD. 238 -240 P.R.W.C. OFFICE DWC PROJ iR, 2390504.222 _.. ._ .. _..._ SKETCH TO ACCOMPANY FIELD NOTES SHEET 1 OF 2 3.356 ACRES RIGHT OF WAY DEED CATLYN ROUND ROCK. LTD. TO THE CITY OF ROUND ROCK DOC. No. 9717085 O.R.W.C. (4-21 3.448 ACRES TRACT ONE 141.27 ACRES BILLY WRAY GLENN et al TO ROUND ROCK INDUSTRIAL PARK VOL. 980, PG. 925 O.R.W.C. (2- 29 -84) 1.81 ACRES - �� OF RIGHT E ON DEDIA ION OF WAY. RuUNO ROCK 8225 '39" TM 83°' PG. 420 N 82�5'3 390.85' 88) F 2 S 75'57'33' W 1248.35' 3103 BEE CAVE ROAD. SUITE 202 AUSTIN. TEXAS 78748 PHONE (512) 327 -2946 FAX (512) 327 -2973 CUNNINGHAM— ALIEN, INC. 3.356 ACRES RIGHT OF WAY DEED CATLYN ROUND ROCK. LTD. TO THE CITY OF ROUND ROCK DOC. No. 9717085 O.R.W.C. (4 -21297 UNE 11 L2 L3 4.4 .i5 16 n . L'7 SKETCH TO ACCOMPANY FIELD NOTES .� SHEET 2 OF 2 — 3.448 ACRES S 75'57'33" W LINE TABLE BEARING N 77'51'59' E N 77'44'20' E N 71'22'15' E S 51'43'28" E 5 71'40'35" W S 0214'58" W N 14'09'13' W 1248.35' DISTANCE 19.82' 50.1 11.16' 89.77' 81.97' 10.50' 138.28' • • 0 D.R.W.C. O.R.W.C. D.R.T.C. P.O.B. CURVE C1 C2 RADIUS 3260.57' 2182.60' r.8i ACRES oFfbaITOF WAY. ROUND ROCK COUNTY, TEXAS VOL Tb 83 3 O.R.W.C. Pc 420 N 82 '25',9" E LEGEND FWD. IRON ROD 11 9211' OAS DETAL 1 --� 1{' IRON R00 FOUND (UNLESS STATED) CONCRETE MONUMENT FOUND IRON ROD SET DEED RECORDS OF WILLIAMSON COUNTY OFFICIAL RECORDS OF WIUUMSON COUNTY DEED RECORDS OF TRAMS COUNTY POINT CF BEGINNING LENGTH 140.19' 408.09' CURVE LOUIE HENNA BOU.EVAFD (FORMERLY KNOWN AS COUNTY ROAD No. 170) (R.o.W. WIDTH VARIES) Bearing Reference: The southwest fine of Tract One called 141.27 acres conveyed by Billy Wray Glenn et al, to Round Rock Industrial Pork In deed flied for record February 29. 1984 in Volume 980. Page 925, Official Records of Williamson County, Texas. (N 59'47'00'W) TABLE CHORD 140.18' 407.50' CH. BEARING S 8119'03' W N 7710'25" E RIO. RCN ROO St 5710 DELTA 02'27'48" 10'42'47' ti SEE DETAIL 1 15 TRACT ONE 141.27 ACRES BILLY WRAY GLENN et al TO ROUND ROCK INDUSTRIAL PARK VOL. 980, PG. 925 O.R.W.C. (2- 29 -84) c S CUNNINGHAM— ALLEN, IN m 3103 BEE CAME ROAD, SUITE 202 AUS19N, TEXAS 78748 PHONE (512) 327 -2948 FAX (512) 327 -2973 (!) 571/4/ 1. SJtc G7i5 Brown McCarron Sheets & Crossfield, r.c.r. A T T O R N E Y 5 A T L A W 309 Eric Main Sue, • Round Rock, TX 78664 -5246 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 06 -05 -2000 09:04 AM 2000035393 MABRY $23.00 NANCY E. RISTER COUNTY CLERK WILLIAMSON COUNTY, TEXAS sic/ Ile,...) 1. S c e.fs Brown McCarroll Sheets & Crossfield, L.�.e. A T T O R N E Y S A T L A W 309 Essr Main Street • Round Rock, TX 78664 -5246 FILED AND RECORDED OFFICIAL PUBLI RECORDS 06-05-2000 0 09:04 AM 2000035393 MABRY $23.00 NANCY E. RISTER ,COUNTY CLERK WILLIAMSON COUNTY, TEXAS BAKER - AICKLEN & ASSOCIATES. INC. Engineers /Surveyors October 22, 1999 Christine Martinez City of Round Rock 221 East Main Street Round Rock, Texas 78664 RE: Warner Ranch PUD recording. Our file 1032- 801 -12 Dear Ms. Martinez: Your receipt of the deed will permit you to record the PUD document. Sincerely, J. Stendebach, AICP 13671115 Enclosed is the deed for the State Highway 45 right of way. The City Attorney will hold this deed until the City verifies the northern boundary of the highway. At that time the field noted may be amended. Please send me a copy of the recorded PUD document when you get it back from the courthouse. Please call if you require any additional information or clarification. Thank you for your assistance. 203 E. Main St.. Site 201 • Round Rock, Texas 76664 • 512/244 -9620 • FAX 512/244 -9623 THE STATE OF TEXAS COUNTY OF WILLIAMSON SPECIAL WARRANTY DEED (Road Property) VILLAGES AT WARNER RANCH PUD, LP, a Delaware limited partnership (hereinafter referred to as "Grantor"), for and in consideration of the sum of TEN AND NO /100 DOLLARS ($10.00) and other good and valuable consideration to the undersigned in hand paid by CITY OF ROUND ROCK (hereinafter referred to as "Grantee"), whose address is 221 East Main Street, Round Rock, Texas 78664, the receipt and sufficiency of which is hereby acknowledged, has DEDICATED, GRANTED, SOLD and CONVEYED, and by these presents does DEDICATE, GRANT, SELL and CONVEY, unto the Grantee, the tract or parcel of land more particularly described in Exhibit A attached hereto and by this reference made a part hereof (the "Land "), together with all of Grantor's rights, titles and interests in and to any and all appurtenances benefiting and appertaining thereto (collectively, the "Property "), for public right-of-way purposes. The Property is conveyed by Grantor to Grantee for use as a public right -of -way pursuant to and as contemplated by Planned Unit Development No. 42 ( "PUD ") and is subject and subordinate to all matters of record, to the extent and only to the extent that the same affect or relate to the Property (herein called the "Pemritted Encumbrances "). TO HAVE AND TO HOLD the Property, subject to the Permitted Encumbrances, as aforesaid, unto Grantee, its successors and assigns, to be used as a public right-of-way forever, provided, however, it is expressly agreed that the said Property or such portion thereof not used by the Grantee as a public right-of- way shall automatically revert to Grantor whenever the same shall be abandoned by Grantee or shall cease to be used and maintained by Grantee as a public right-of-way for a period of five (5) consecutive years. Grantor does hereby bind itself, its successors and assigns, subject as aforesaid, to Warrant and Forever Defend all and singular the Property unto the Grantee, its successors and assigns, against every person whomsoever, lawfully claiming or to claim the same, or any part thereof by, through or under Grantor, but not otherwise. Grantor hereby reserves for the benefit of itself and its successors and assigns a non - exclusive perpetual easement and right-of-way over, upon, under and across the Property for access, ingress and egress for pedestrian and vehicular right-of-way and for using, constructing, maintaining, repairing and/or replacing any future aboveground or underground utilities for the benefit of any land located within the PUD. The foregoing reservation shall be a covenant running with the land and shall be appurtenant to all lands and facilities located within the PUD that are or will be served by or which benefit or will benefit from any such easements. EXCEPT FOR THE WARRANTIES OF TITLE EXPRESSLY PROVIDED HEREIN, GRANTOR HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE WHATSOEVER (INCLUDING WARRANTIES OF HABITABILITY, MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE), WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES WITH RESPECT TO THE PROPERTY, THE SOIL CONDITIONS OR THE SUITABILITY OF THE PROPERTY FOR GRANTEE'S INTENDED USE THEREOF AND Z:Vegil\ warer ranch fka round rock \deedroad.doc 1 GRANTEE, BY ITS ACCEPTANCE HEREOF, ACKNOWLEDGES THAT GRANTEE IS PURCHASING THE PROPERTY "AS IS ", "WHERE IS" AND "WITH ALL FAULTS ". 1999. DATED as of October 21, 1999, but to be effective as of the day of THE STATE OF TEXAS COUNTY OF HARRIS After Recording Return to: Joanne Land, Assistant City Manager City of Round Rock 221 East Main Street Round Rock, Texas 78664 nlegahwamer Bch &a ,o,md mckdeedroad.doc 'llllllll./l Illlld SHIRLEY BANKS ROBINSON NOTARY PUBLIC, STATE OF TEXAS MY COMMISSION EXPIRES MARCH 16, 2003 VILLAGES AT WARNER RANCH PHD, LP By THC/Southwest Division Limited Partnership, its general partner By Hanover G.P LLC, its general partner This instrument was acknowledged before me on the 0V. of October, 1999, by Kathy K. Binford, Vice President of Hanover G.P. LLC, a Texas limited liability company and general partner of THC/Southwest Division Limited Partnership, a Texas limited partnership, on behalf of said partnership as the general partner of Villages at Wamer Ranch PUD, LP, a Delaware limited partnership, as the act and deed of said company and partnerships. 2 By EXHIBIT "A" 3.448 ACRES OF LAND DESCRIPTION FIELD NOTES FOR 3.448 ACRES OF LAND SITUATED IN THE MEMUCAN HUNT SURVEY, ABSTRACT NO. 314, WILLIAMSON COUNTY, TEXAS, BEING OUT OF THOSE CERTAIN TRACTS ONE AND TWO DESCRIBED IN DEED FROM BILLY WRAY GLENN et al, TO ROUND ROCK INDUSTRIAL PARK, RECORDED FEBRUARY 29, 1984 IN VOLUME 980, PAGE 925, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING OUT OF THAT CERTAIN TRACT OF LAND CALLED 0.92 ACRES DESCRIBED IN DEED FROM MILBURN INVESTMENTS, INC. TO ROUND ROCK INDUSTRIAL PARK, RECORDED JANUARY 2, 1996 IN DOCUMENT NO. 9600209, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 3.448 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a' inch iron rod set in the north line of said Tract Two, same being in the south right of way line of Louis Henna Boulevard (formerly known as County Road No. 170), (right of way width varies), in the east right of way line of Jazz Street (70' right of way width) as dedicated by REMINGTON HEIGHTS, PHASE 1, SECTION A, a subdivision in Williamson County, Texas according to the map or plat thereof recorded in Cabinet N, Slide 238 -240, Plat Records of Williamson County, Texas, for the northeast corner of that certain 1.27 acre tract of land described in deed from Round Rock Industrial Park to Milburn Investments, Inc, recorded January 2, 1996 in Document No. 9600204, Official Records of Williamson County, Texas, and for the northwest corner of the herein described tract, from which a inch iron rod found in the north right of way line of said Louis Henna Boulevard and for the northwest corner of that certain tract of land described in right of way deed from Catlyn Round Rock, Ltd. To the City of Round Rock recorded April 21, 1997 in Document No. 9717065, Official Records of Williamson County, Texas bears, N 30 °50'47" W a distance of 273.50 feet; THENCE with the south right of way line of said Louis Henna Boulevard, and the north line of the herein described tract the following three (3) courses and distances: 1) N 77 °51'59" E a distance of 19.82 feet to a'' 'A inch iron rod fouudfor the northeast corner of said Tract Two and the northwest corner of said 0.92 acre tract; 2) N 77 °44'20" E a distance of 50.17 feet to a '% inch iron rod found for the northeast corner of said 0.92 acre tract and the northwest comer of said Tract One; 3) N 72 °27'52" E a distance of 262.72 feet to a'A inch iron rod found at the west comer of that certain tract of land described in Correction Dedication of Right of Way deed from Round Rock Industrial Park to Williamson County, Texas recorded March 11, 1988 in Volume 1639, Page 420, Official Records of Williamson County, Texas; THENCE with the south right of way line of said Louis Henna Boulevard, the south line of said Williamson County tract, and the north line of the herein described tract the following four (4) courses CAI- 239 -0504 Page 1 of 3 81143 dedicaiosub• and distances: I) with a curve to the right having a central angle of 02°2748 ", a radius of 3260.57 feet, an arc length of 140.19 feet, and a chord bearing and distance ofN 81 °19'03" E 140.18 feet to a'/z inch iron rod found; 2) N 82 °25'39" E a distance of 390.65 feet to a'h inch iron rod found; 3) with said curve to the left having a central angle of 10°42'47 ", a radius of 2182.60 feet, an arc length of 408.10 feet, and a chord bearing and distance of N 77°10'25" E 407.50 feet to a'' /z inch iron rod found, from which a'A inch iron rod found bears N 82 °11' E a distance of 0.13 feet; 4) N 71 °22'15" E a distance of 11.16 feet to a ''A inch iron rod found in the east line of said Tract One, in the west right of way line of County Road No. 170 (right of way width varies), for the southeast comer of said Williamson County tract, and the northeast corner of the herein described tract, from which a % inch iron rod found bears S 57°5(Y E a distance of 0.26 feet, and from which a'A inch iron rod found in the north right of way line of said Louis Henna Boulevard and for the northeast corner of said City of Round Rock tract bears N 22 °11'32" W a distance of 315.96 feet; THENCE with the east line of said Tract One, the west right of way line of said County Road No. 170, and the east line of the herein described tract, S 5l °43'28" E a distance of 89.77 feet to a'A inch iron rod with cap set for southeast corner of the herein described tract, from which a 'h inch iron rod found in east line of said Tract One and the west right of way line of said County Road No. 170 bears S 51 °43'28" E a distance of 528.60 feet; THENCE over and across said Tract One and with the south line of the herein described tract the following three (3) courses and distances: 1) S 71 °40'35" W a distance of 81.97 feet to a'h inch iron rod with cap set; 2) S 02 °24'56" W a distance of 10.50 feet to a '/z inch iron rod with cap set; 3) S 75 °5733" W a distance of 1248.35 feet to a '/: inch iron rod with cap set in the west line of said Milburn Investments, Inc. tract, the east right of way line of said Jazz Street, and for the southwest corner of the herein described tract, from which a 'A inch iron rod with cap set in the east right of way line of said Jazz Street and for the southeast corner of said Milburn Investments, Inc. tract bears S 14 °09'13" E a distance of 659.02 feet; THENCE with the west line of said Milburn Investments, Inc. tract, the east right of way line of said Jazz Street, and the west line of' the herein described tract, N 14°09'13" W a distance of 138.28 feet to the POINT OF BEGINNING, containing 3.448 acres of land, more or less, within these metes and bounds. CAI- 239 -0504 Page 2 of 3 dialsaboulat — Reference is herein made to the sketch of this 3.448 of one acre tract accompanying this description. Bearing Reference: The southwest line of Tract One called 141.27 acres conveyed by Billy Wray Glenn et al, to Round Rock Industrial Park in deed filed for record February 29, 1984 in Volume 980, Page 925, Official Records of Williamson County, Texas. (N 59 °47'00'W) I hereby certify that this description was prepared from the results of a survey made on the ground under my supervision. CUNN1N -AL a 1 •. /1% Grego T. �, /t tr Registered ' s r anal Land Surveyor No. 4437 Date: ' iiiti CAI- 239 -0504 Page 3 of 3 L1 L2 n icu1. u■un,cn Dc 1 m nre,rc. nu.• 262.72' 0 0 LOUIS WIIA BOULEVARD (FORMERLY KNOWN AS COUNTY ROAD No. 170) (R.O.W. WIDTH VARIES) N 72'27'52" E 1.27 ACRES ROUND ROCK INDUSTRIAL PARK TO MILBURN INVESMENTS, INC. DOC. # 9600204 O.R.W.C. (1 -2 -98) REMAINDER OF TRACT TWO 1.64 ACRES BILLY WRAY GLENN et al TO ROUND ROCK INDUSTRIAL PARK VOL. 980, PG. 925 O.R.W.C. (2- 29 -84) 0.92 ACRES MILBURN INVESTMENTS, INC TO ROUND ROCK INDUSTRIAL PARK DOC. 9600209 O.R.W.C. (1 -2 -96) REMINGTON HEIGHTS PHASE 1 SECTION A CAB. N, SLD. 238 -240 P . R . W . C . 3.358 ACRES RIGHT OF WAY DEED CATLYN ROUND ROCK, LTD. 10 THE CITY OF ROUND ROCK DOC. No. 9717065 O.R.W.C. (4 -21-9 3.448 ACRES S 75'57'33" W TRACT ONE 141.27 ACRES BILLY WRAY GLENN et al TO ROUND ROCK INDUSTRIAL PARK VOL. 980, PG. 925 O.R.W.C. (2- 29 -84) OF Ayre.k. lES1 SKETCH TO ACCOMPANY FIELD NOTES SHEET 1 OF 2 - 1248.35' 1. 61~ t— C ORRECTION ACRE D RIGHT OF YY.. ROUND COUNTY. TEXAS RVOL TO 16�w 42 N 82 25'39` E 0 8 11 —�) 420 ............................................ CUNNINGHAM- ALLEN, INC. � � 4431.�V` 3103 BEE CAVE ROAD, SUITE 202 AUSTIN, TEXAS 78748 PHONE (512) 327 -2946 • FAX (512) 327 -2973 3.356 ACRES RIGHT OF WAY DEED CATLYN ROUND ROCK, LTD. TO THE CITY OF ROUND ROCK DOC. No. 9717065 O.R.W.C. (4 -21 -97 1 1. 1� ri RES __../ / IN of wnDON ROCK N 825'39 COUNTY TEXAS WAY, ROUND O.R.W.C. 0.65' �) -L5 L6 L7 SKETCH TO ACCOMPANY FIELD NOTES SHEET 2 OF 2 — CURVE C1 C2 RADIUS 3260.57' F11i Rao N5211'E 0.13' DETAIL 1 —� OW. 7 KO S 5750' E 0.2e LOUIE I BNIA BOULEVARD (FORMERLY KNOWN AS COUNTY ROAD Na. 170) (R.O.W. WIDTH VARIES) s. 0' LENGTH 1 '.19' CHORD 140.1 CH. BEARING 11 DELTA 3.448 ACRES S 75'57'33" W UNE TABLE UNE BEARING DISTANCE 11 N 77'51'59' E 19.62' L2 N 77'44'20" E 50.17' L3 N 71'22'15" E 1248.35' 11.16' L4 1 '43' 8' 7 Z / C51 p • O 0 f J1 SEE DETAIL 1 44 ff _ L5 \ s \ 4 LEGEND TRACT ONE ` r ›• `mo \ • r IRON ROD FOUND (UNLESS STATED) 141.27 ACRES R iP• J • CONCRETE MONUMENT FOUND BILLY WRAY GLENN et al �, \ o IRON ROD SET TO ROUND ROCK INDUSTRIAL PARK �. D.R.W.C. DEED RECORDS OF WIWAMSON COUNTY VOL. 980, PG. 925 O.R.W.C. OFFICIAL RECORDS of wiwAMSON COUNTY O.R.W.C. (2- 29 -84) P.O.B. POINT OF BEGINNING D.R.T.C. DEED RECORDS OF TRANS COUNTY S �O. CUNNINGHAM — ALLEN. IN Bearing Reference: The southwest line of Tract One called 141.27 acres conveyed by Billy Wray Glenn et af, to Round Rock Industrial Park In deed flied for record February 29. 1984 in Volume 980, Page 925, Official Records of Williamson County, Texas. (N 59'47'00'W) CURVE TABLE M 3103 BEE CAVE ROAD, SUITE 202 AUS11N, TEXAS 78748 PHONE (512) 327 -2946 FAX (512) 327 -2973 R,\ WPDOCS \OADINANC \090B1386.WPO /CdC ORDINANCE NO. Z—?- 08- 12-984 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CTTY.OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.305(2), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO ZONE 139.833 ACRES OF LAND OUT OF THE ASA THOMAS SURVEY, ABSTRACT 609, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS PLANNED UNIT DEVELOPMENT (PUD) NO. 42. WHEREAS, an application has been made to the City Council of the City of Round Rock, Texas to amend the Official Zoning Map to zone the property described in Exhibit "A" as Planned Unit Development (PUD) No. 42, said exhibit being attached hereto and incorporated herein, and WHEREAS, the City Council has submitted the requested change in the Official Zoning Map to the Planning and Zoning Commission for its recommendation and report, and WHEREAS, the Planning and Zoning Commission held a public hearing concerning the requested change on the 28th day of July, 1999, 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 PUD No.42, and WHEREAS, on the 12th day of August, 1999, after proper notification, the City Council held a public hearing on the requested amendment, and WHEREAS, the City Council determines that the zoning provided for herein promotes the health, safety, morals and protects and preserves the general welfare of the community, and WHEREAS, each and every requirement set forth in Chapter 211, Sub - Chapter A., Texas Local Government Code, and Section 11.300, Code of Ordinances (1995 Edition), City of Round Rock, Texas concerning public notices, hearings, and other procedural matters has been fully complied with, Now Therefore BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT: That the City Council has hereby determined the Planned Unit Development (PUD) No.42 meets the following goals and objectives: (1) The development in PUD No.42 is equal to or superior to development that would occur under the standard ordinance requirements. (2) P.U.D. No. 42 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) P.U.D. No. 42 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. - 2. (4) P.U.D. No. 42 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. 42 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. U. That the Official Zoning Map adopted in Section 11.305(2), Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended so that the zoning classification of the property described in Exhibit "A ", attached hereto and incorporated herein shall be, and is hereafter designated as Planned Unit Development (PUD) No. 42, and that the Mayor is hereby authorized and directed to enter into the Agreement and Development Plan for PUD No. 42 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. 3. 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 1999. Alternative 2. READ and APPROVED on first reading this the day of , 1999. READ, APPROVED and ADOPTED on second reading this the day of ATTEST: T A ND LhND, City Secretary e ml4trM ez., ASSY i ;OP A+ . STL , JR. ayor City of Round Rock, Texas 4. EXHIBIT "A" [Property Description] 11. - 1.i - 1J» .. - TRACT I 138.543 ACRES OF LAND DESCRIPTION FIELD NOTES FOR 138.543 ACRES OF LAND SITUATED IN THE MEMUCAN HUNT SURVEY, ABSTRACT NO. 314 TEE WM. BARKER SURVEY, ABSTRACT NO. 107, WILLIAMSON COUNTY, TEXAS, AND THE WM. BARKER SURVEY, ABSTRACT NO. 109, TRAVIS COUNTY, TEXAS; BEING OUT OF TRACT ONE CALLED 14127 ACRES CONVEYED BY BILLY WRAY GLENN et al, TO ROUND ROCK INDUSTRIAL PARK IN DEED FILED FOR RECORD FEBRUARY 29, 1984 IN VOLUME 980, PAGE 925, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID TRACT ONE CALLED 14L27 ACRES BEING A PORTION OF TEIRD TRACT CALLED 44 ACRES CONVEYED BY HEDDA BLAD et al TO G. W. GLENN IN DEED FILED FOR RECORD DECEMBER. 15, 1931 IN VOLUME 260, PAGE 368, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS AND A PORTION OF A CALLED 152.5 ACRE TRACT CONVEYED BY BETTIE E. GLENN TO WILY WRAY GLENN IN DEED FILED FOR RECORD SEPTEMBER 27, 1966 IN VOLUME 490, PAGE 534, DEED RECORDS OF WIIZIAMSON COUNTY, TEXAS; SAID 138343 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a'A inch iron rod found at the base of an 18 inch elm tree used fora fence corner post, far the northeast caner of REMINGTON HEIGHT'S, PHASE 1, SECTION A, according to the map or plat thereof recorded in Cabinet N, Slide 238 -240, Plat Records of Wilhannon County, Texas, and an ell corner in the west line of the herein described tract, from which a ''A inch iron rod found at the base of said 18 inch dm tree, bears N 35 °50' W, a distance of 1.71 fee THENCE, along the westerly line of said Tract One called 14127 acres, and with the north line of said REMINGTON HEIGHTS, PHASE 1, SECTION A and the westerly line of the betuan described tract, S 8739'50" W (called S 872030' W), a distance of 249.69 (249,00) feet to a',4 inch iron rod found for an of corner in the west line of said Tract One called 141.27 arses, the southeast corner of a called 0.92 acre tract conveyed by Milburn Investments, Inc. to Round Rock Industrial Park in deed filed for record Jemmy 2, 1996 in Document No. 9600209 Official Records of Williamson County, Texas, from which a '14 inch iron rod found for the southwest corner of said 0.92 acre tract and the southeast corner of the remainder of Tract Two called 1.64 acres conveyed by Billy Wray Glenn et al, to Round Rock Industrial Park in said deed Sled for record February 29, 1984 hi Volume 980, Page 925, Official Records of Williamson County, Texas, bears, 5 86 °5059' W, a distance of 51.25 feet; THENCE, with the west line of said Tract One called 141.27 acres, the east line of said 0.92 acre tract and we line of the herein described tract. N 14 °0755" W (called N 14°09' W), a distance of 808.85 (called 808.67) feet to a 'h inch iron rod set in the existing south right of way line of Louis CAI - 239-0210.02 Page 1 of 6 S CI a.J 1JJJ ai .+ Henna Boulevard (thrmedy known as County Road. No. 170) (right-of way width. varies), for the northwest corner of mid Tract. One caned 141.27 acres, the northeast of said 0.92 acre tract and the nordtwest corner of the herein domed tract, from which a ''A inch iron rod found for the northeast corner of the remainder of said Tract Two caned 1.64 acres and the northwest corner of said called 0.92 acre tract, bears S 77°4420" W, a distant of 50.17 feet; THENCE, with the existing south right of way line of Louis Henn Boulevard (formerly known as County Road No. 170) (right of way width varies), the north line of said Tract One called 141.27 acres and the north line of the herein described tract, N 72°27'52" E (called N 72°27'30" E), a distance of 262.72 feet to a 'h inch iron rod found at the beginning of a non-tangent curve to the right for the west corner of a caned 1.616 acrc tract, conveyed by Round Rock Industrial Park to Won Cotmty, Texas in Correction Dedication of Right of Way filed for record March 11, 1988 in Volume 1639, Page 420, Official Records of Williamson County, Tams, for an angle corner in the north line of the herein described tract; THENCE, over and across said Tract One called 14127 acres, with the common line of said Louis Henna Boulevard (formerly mown as County Road No. 170) (right of way width varies), said called 1.616 acre tract and the herein described tract the following four (4) courses and distances; 1) with said non - tangent curve to the right having a central angle of 02 °27'48 ", a radars of 3260.57 fret, an arc length of 140.19 feet, and a chord bearing and distance of N 81 °19'03" E, 140.18 feet to a 'fie inch iron rod found at the end of said curve; 2) N 32°25'39" E, a distance of 390.65 feet to a ifs inch iron rod found at the beginning of a curve to the left; 3) with said nave to the left having a central angle of 10 a radius of 2182.60 feet, an arc length of 408.10 feet, and a chord bearing and distance of N 77° 1025" E, 40750 feet to a 'h inch iron rod found for at the end of said curve, from which a 'A inch iron rod found, bears N 82°11' E, a distance of 0.13 4) N 71°22'15" E, a distance of 11.16 feet to a'/s inch iron rod found in the existing southwest right of way lire of County Road No. 170 (right of way width varies), the northeast line of said Tract One caned 14127 acres, for the southeast corner of said called 1.616 acre tract and the north corner of the herein described tract, from which a''A inch iron rod found, hears S 57°50' E, a distance of 0.26 feet; THENCE, with the existing southwest right of way line of said County Road No. 170 (right of way width varies), the northeast line of said Tract One called 14127 acres and the northeast line of the herein described tract the following three (3) courses and distances; 1) S 51 °43'28" E (called S 51° 43'30" E), a distance of 618.37 feet to a inch iron rod found for an angle comer, 2) S 51 °57'32" E (called S 51 °56'30" E), a distance of 174.59 (called 174.86) feet to a :5 inch iron rod found for an angle corner, 3) S 51 °49'18" E (called S 51 °50' E), passing a 54 inch iron rod found at a distance CAI- 239 - 0210.02 Page 2 of 6 —.CS" - 1 , . '17JJ it • .•J •..nvi v.i 1• • .iii. of 176.23 and condoning filr a total distance of261.55 (called 261.69) feet to a V inch iron rod found for the northwest comer of a called 5.04 acre tract of land conveyed by Billy Wray Glenn to Tommy Dale Arnold in deed filed for record in Vohane 686, Page 241, Deed Records of Williamson County, Texas, for the northeast comer of said Tract One called 14127 acres and the northeast comer of the herein described tract, from which a concrete monument found in the existing southwest right of way line of said County Road No. 170 (right of way width varies), for the northeast corner of said called 152.5 acre tract, and the approximate northwest of a called 1.52 acre tract conveyed by Fritz Gernert to Adolf Priem in deed filed for record in Vohtme 2058, Page 239, Deed Records of Travis County, Texas, bears, S 51°43'33" E, a distance of 1135.93 fiat THENCE, continuing with the northeast line of said Tract One called 14127 acres, the northeast line of the herein described tract and the westerly line of said called 504 acre tract, the following two (2) courses and distances; 1) S 30°05'30" W (called S 30 °03' W), a distance of 438.96 (called 439.00) feet to a ''A inch iron rod fotmd bent and replaced for the southwest corner of said called 5.04 acne tract; 2) S 59°54'30" E (called S 59°5T E), passing a point in the westerly line of a 50 foot wide access road easement (known as Glenn Drive), as described in the following instnnnents filed for record in; Volume 681, Page 797, Volume 715, Page 929, Volume 686, Page 241, Vohmie 763, Page 777, Vo1un 787, Page 776, Volume 912, Page 135, Volume 917, Page 701 and Volume 917, Page 708, Deed Records of Williamson County, Texas at a distance of 524.66 feet and continuing for a total distance of 549.66 (called 549.84) feet to inch iron rod found bent and replaced in the =terrine of said 50 foot wide access road easement (known as Glean Drive), in the westerly line of a called 5.15 acre tract conveyed to L C. Schwartz, in deed filed for record in Volume 659, Page 405, Deed Records of 'Williamson County, Texas, for an ell comer in the northeast line of said Tract One called 141.27 acres, an ell corner in the northeast line the herein deserted tract and for the southeast corner of said called 5.04 acre tract; THENCE, continuing with the northeast line of said Tract One called 141.27 acres, the northeast line of the herein described tract, the centerline of said 50 foot wide access road easement (known as Glenn Drive), and the northwest line of said 5.15 acre tract, S 30°02'46" W (called S 309 1' W), a distance of 109.36 (called 109.47) feet to 'h inch iron rod found, for an ell corner in the northeast line of said Tract One wed 141.27 acres, an ell comer in the northeast line of the herein described tract and the southwest corner of said called 5.15 ace tract; THENCE, continuing with the northeast line of said Tract One called 141.27 acres, the northeast line of the herein described tract, and the South Inc of said called 5.15 acre tract, S 59°52'46" E (called S 59°54'30" E), passing :4 inch iron rod found in the easterly fine of said 50 foot wide access road easement (known as Glenn Drive) at a distance of 25.01 feet, from said 'h inch iron rod a' r4 inch iron rod found, bears, S 04°01' W, a distance of 0.55 feet and continuing for a total distance of 574.66 (called 574.91) feet to a Sle inch iron rod fotmd in the east line of said called 152.5 acre tract, in the west line of said called 1.52 acre, for the east corner of said Tract One CAI- 239-0210.02 Page 3 of 6 5tr' 5- 1'y'�7 1 i : 4U uukYfYLrtt,,niyPI 'HLiGV �fw. .lic .x� . ii.. r. dpi 11 called 141.27 acres, for the east comer of the haem descrioed tract an for t southeast corner of said called 5.15 acre tract, from which said concrete monument found for the northeast corner of said called 152.5 acre tract, bears, N 30° 1139" E, a distance of236.92 feet and N 29°54'56" E, a distance of 150.02 feet THENCE, with the easterly line of said Tract One caged 141.27 acres, the easterly Eno of said called 152.5 acre tract, the westerly line of said called 1.52 acre tract and the easterly line of the herein describbed tract, S 30°0071" W (called S 30°07 W), a distance of 386.14 (called 386.20) feet to a sy inch iron rod found for the northeast corner of a called 5.11 acre tract conveyed by Billy Wray Glenn to James Burrows in deed filed for record lime 15, 1978 in Vohmoe 715, Page 929, Deed Records of Williamson County, Teams, for an ell corner in the easterly fine of said Tract One called 141.27 acres and for an ell comer in the easterly line the herein described tract THENCE, continuing with the easterly line of said Tract One called 141.27 acres, the easterly line of the herein descabed tract and the northerly, westerly and southerly line of said called 5.11 acre tract, the following three courses and distances; 1) N 59°58'53" W (called N 60°00' W), passing a point in the easterly line of said 50 Boot wide access road easement (known as Glean ]rive) at a distance of 549.93 feet, and enneadg for a total distance of 574.93 (called 574.91) feet to a ch inch iron rod found bent and replaced in the centerline of said 50 foot wide access road easement (known as Glenn Drive) for the northwest comer of said called 5.11 acre tract and for an corner, 2) with the centerline of said 50 foot wide access road easement (known as Glenn Drive), S 30°02'46" W (called S 30°02'30" W), a distance of 386.77 (called 386.84) feet in a 5i inch iron rod found for the southwest corner said called 5.11 acre tract and for an ell comer, 3) S 59°57'49" E (called S 59°59' E), passing a point in the westerly line of said 50 foot wide access road easement (known as Glenn Drive) at a distance of 25.00 feet, and continuing for a total distance of 575.00 (called 574.91) feet, a srs inch iron rod found in the east line of said called 152.5 axe tract, in the west line of a said called 1.52 acre, for the southeast corner of said called 5.11 acre tract and for an ell corner of said Tract One called 141.27 acres and an ell comer of the herein described tract ; THENCE, continuing with the easterly line of said Tract One called 14127 acres, the easterly line of said called 152.5 acre tract, the westerly line of said called 1.52 acre tract and the easterly time of the herein described tract, S 29°58'43" W (called S 29°58' W), a distance of 1160.57 (called 1160.54) feet to a 54 inch iron rod found for the northeast corner of a called 5.35 acts tract conveyed by Glenn Drive Ventures to Matt A, Lasater et inc m deed filed for record September 1, 1995 in Document No 9538506, Official Records of Williamson County, Terms, for the south corner of said Tract One called 1412 7 acres and the south corner of the herein described tract; THENCE, with the southwest line of said Tract One called 14127 acres, the northerly line of said called 5.35 acre tract, the northerly line of a called 5.19 acre tract conveyed by T. J. Davidson to Iraj Eric Shabavndi et tic, in deed filed for record May 19, 1993 in Volume 2304, Page 345, Official Records of WllEantson County, Terms, N 59°56'14" W (called N 59 °5700" W), passing a CAI-239-0210.02 Page 4 of 6 % inch iron rod 8»md in the easterly line of said 50 foot wide access mad easement (hewn as Glenn Drive) at a distance 551.37 feet, passing a point in the caged= of said 50 foot wide road east, for the northwest corner of said called 5.35 acre tract and the northeast corner of said caned 5.19 acre tract at a distance 576.37 &et, and contimtmg with the centerline of said 50 foot wide road easement for a total distance of 1126.60 (called 1126.51) feet to a 3 t r inch iron rod found for the northwest corner of said called 5.19 acre tract, for an en comer in the southwest line of said Tract One called 141.27 acres and for an ell corner in the southwest lime of the herein described tract; THENCE, contim>mg with the southwest line of said Tract One called 14127 acres, the west line of said called 5.19 acre tract and the southwest line of the herein described tract and crossing mid 50 foot wide road easement, S 30°02'21" W (called S 30°01' W), passing the southwest lime of said 50 foot wide road easement at a distance of 25.0 feet and continuing for a total distance of 410.40 (called 410.46) feet to a'f inch iron rod found in the southerly line of said cal led 152.5 acre tract, in the northerly line of Tract 2 called 41.702 acres, conveyed by Texas Commercial Bank - Austin National Association to F- Victoria L. P. in deed filed for record September 2, 1992 in Volume 2186, Page 208, Official Records of Williamson County, Texas, for an ell corner in the southwest line of said Tract One called 141.27 acres, for an ell corner in the southwest line of the herein described tract and the southwest corner of said called 5.19 acre tract and; THENCE, con1 nuatg with the southwesterly line of said called 152.5 acre tract, the southwesterly line of said Tract One called 141.27 acres, the northerly line of said Tract 2 called 41.702 acres and the southwesterly line of the herein described tract the following two (2) courses and distances; 1) N 60°28•05' W (called N 60° 2230" W), a distance of 125.63 &et to a'4 inch iron rod found for an angle comer, 2) N 59°47'00" W (bearing basis), passing a'A inch iron rod found at a distance of 29135 feet, passing a % inch iron rod found at a distance of 1001.05 fret, and contimxing for a total distance of 1046.17 (called 1046.10) feet to a % inch iron rod set in the easterly line of Breams Lane (50' right of way width), as dedicated by REMINGTON HEIGHTS PHASE 2, SECTION B, aceord'mg to the map or plat thereof recorded in Cabinet 0, Slide 392 -393, Plea Records of Williamson County, Texas, for the southwest corner of said Tract One caned 141.27 acres, for the southwest corner of the herein described tract and for the northwest corner of said Tract 2 called 41.702 acres, from which a 1 inch iron rod found for the southeast corner of said REMINGTON HEIGHTS PHASE 2, SECTION B and the northwest corner of the remainder of Tract 12 called 68.794 acres conveyed by Resolution Trust Corporation to Mehael W. Ayer in deed filed for record March 18, 1993 in Volume 2271, Page 354, Official Records of Williamson County, Texas and Sled for record February 8, 1993 in Vohane 11868, Page 121, Real Property Records of Travis County, Texas, bears, S 30°13'50" W, a distance of 16a.44 feet; THENCE, with the easterly lime of said REMINGTON HEIGHTS PHASE 2, SECTION B, the easterly lire of REMINGTON HEIGHTS PHASE 1, SECTION B, according to the map or plat thereof recorded in Cabinet 0, Slide 18 -20, Plat Records of Williamson County, Texas, the CAI- 239 - 0210.02 Page 5 of 6 5tr - 1`JJ7 1111 sic per [y'! westerly line of easterly the herein of said. RElvIINGTON FIEIGHTS PHASE along the west of said l � One 141.7 acres and the west line of said called 152.5 acre tract, N 30°06`04" E (called N30°02.00" E), pawing a i5 inch iron rod found at the northeast corner of said Breaux Lane (50' right of way width) and the southeast corner of Lot 31, Block B of said REMINGTON HEIGHTS PHASE 2, SECTION B, at a distance of 12.36 feet, passing a 54 inch iron rod found for the northeast corner of said REMINGTON HEIGHTS PHASE 2, SECTION B and the southeast corner of said REMINGTON HEIGHTS PHASE 1, SECTION B at a distance of 624.06 feet, passing a 54 inch iron rod found for the northeast comer of said REMINGTON HEIGHTS PHASE 1, SECTION B and the southeast corner of said REMINGTON HEIGHTS PHASE 1, SECTION A at a distance of 1024.06 Beet, and continui zg fora total distance of 1789.25 (called 1789.74) feet to the POINT OF BEGINNING, containing 138.543 acres of land, more ar less, within these metes and bounds Reference is herein made to map or plat of this 138.543 we tract acxonmanymg this field note description. Bearing Reference: The southwest line of Tract One called 141.27 acres conveyed by Bally Wray Glenn et al, to Rotund Rock Industrial Park in deed filed for record February 29, 1984 in Volume 980, Page 925, Official Records of Whilamson County, Team. (N 594100'W) I hereby certify that this description was prepared from the results of a survey made on the ground under my supervision. CUNNIN r; -ALLEN, INC. , Data T A' , Land Surveyor No. 4437 .. et CAI- 239 - 0210.02 Page 6 of 6 MIAMIAN r. d!i li i.UNN I NUflHh I rtLLLN JAL Lc TRACT 11 0.363 ACRES OF LAND DESCRIPTION FIELD NOTES FOR 0363 ACRES OF LAND SITUATED IN THE MEMUCAN HUNT SURVEY, ABSTRACT NO 314, WILLIAMSON COUNTY, TEXAS, BEING OUT OF TRACT TWO CALLED 1.64 ACRES CONVEYED BY BILLY WRAY GLENN et al, TO ROUND ROCK INDUSTRIAL PARK IN DEED FILED FOR. RECORD FEBRUARY 29, 1984 IN VOLUME 980, PAGE 925, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 1.64 ACRE TRACT BEING A PORTION OF THIRD TRACT CALLED 44 ACRES CONVEYED BY HEDDA BLAD et al TO G. W. GLENN IN DEED FILED FOR RECORD DECEMBER 15, 1931 IN VOLUME 260, PAGE 368, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 0.363 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at point in the existing easterly right of way line of Jazz Street (70' right of way width), as dedicated by REMINGTON HEIGHTS, PHASE 1, SECTION A, according to the map or plat thereof recorded in Cabinet N, Slide 238 -240, Plat Records of W�iit amson County, Texas, in the south fine of said Traa Two called 1.64 acres, for the southeast corner of a called 1.27 acre tract conveyed by Round Rock Industrial Park to Milburn Inver, Inc., in deed filed for record January 2, 1996 in Document No. 9600204, Official Records of Williamson County, Texas, for the northwest comer of Lot I, Block A of said REMINGTON HEIGHTS, PHASE 1, SECTION A, and for the southwest caner of the herein described tract, from which a 11 inch iron rod set, bears, S 36°53' E, a distance of 0.27 feet and from which a % inch iron rod found in the existing westerly tight of way line of said Jazz Street (70' right of way width) and for the northeast corner of Lot 30, Block G, of said REMINGTON HEIGHTS, PHASE 1, SECTION A, bears, S 87°15'42" W, a distance of 71.72 feet' THENCE, over and across said Tract Two called 1.64 acres, with the existing easterly right of way line of Jazz Street (70' right of way width), the easterly line of said called 127 acre tray and the westerly line of the herein described tract, N 14°0913" W, a distance of 797.30 feet to a 'h inch iron rod set in the existing south right of way line of Louis Henna Boulevard (formerly known as County Road No. 170) (right of way width varies), for the northeast corner of said Jazz Street (70' right of way width), for the northeast corner of said called 117 acre tract and for the northwest corner of the herein described tac THENCE, with the existing south right of way lire of said Louis Henna Boulevard (formerly known as County Road No. 170) (right of way width varies), the north line of said Tract Two called 1.64 acres and the north Tine of the herein described tract, N 77°51'59" E (called N 77°55' E), a distance of 19.82 feet to a Ys inch iron rod found for the northeast corner of said Tract Two called 1.64 acres, the northwest comer of said called 0.92 acre tract and the northeast comer of the herein described tract, from winch a 'h inch iron rod set for the northwest corner of CAI - 239 - 0210.02 Page 1 of 2 TMAISSIse JGr l - 1'J 77 it • ru rIL�C:v .I A. Tract One called 141.27 saes conveyed by Billy Wray Glom et al, to Round Rock Industrial Park in deed Sled for record February 29, 1984 in Volume 980, Page 925, Of Records of Williamson County, Texas and the northeast corner of said called 0.92 acre tract, bears, N 77°44'20" E, a distance of 50.17 feet THENCE, with the east line of said Tract Two wiled L64 acres, the west fine of said called 0.92 acre tract and the east fine of the herein desm'bed tract, S 14 °09'I3" E (called S 14°09' E), a &stamx of 800.73 (called 800.70) fleet to a ''A inch iron rod found in the north line of said Lot 1, Black A, REM NGTON HEIGFTTS, PHASE 1, SECTION A, for the southeast corner of said Tract Two called 1.64 acres, the southwest corner of said called 0.92 acre tract and the southeast corner of the herein described tract, from which a'A inch iron rod found for an ell corms of said Tract One called 141.27 acres and the southeast corner of said called 0.92 acre tract, bears N 86°50'59" W, a distance of 5I.25 feet THENCE, with the north line of said Lot 1, Block A, REMINCTON HEIGHTS, PHASE 1, SECTION A, the south line of said Tract Two called 1.64 acres and the south line of the herein described tract, S 87°36'54" W (called S 87°22" W), a distance of 20.23 fret to the POINT OF BEGINNING, containing 0.363 arses of land, more or less, within these metes and bounds Reference is herein made to neap or plat of this 0.363 acre tract accompanying this field note Bearing Reference: The westerly line of Tract One called 141.27 aces conveyed by Billy Wray Gleam et al, to Round Rock Industrial Park in dead filed for record February 29, 1984 in Volume 980, Page 925, Official Records of Williamson County, Texas. I hereby c 1ify that this description was prepared front the results of a survey made on the ground under my supervision. CAI- 239.0210.02 Page 2 of 2 amerum SEP -15 -1999 1143 TRACT III CUNNINGHRM-141FN INC. 512 327 2973 P.10/11 DESCRIPTION CAI - 239 - 0210.02 Page 1 of 2 0.928 ACRES OF LAND FIELD NOTES FOR 0.928 ACRES OF LAND SITUATED IN THE MEMUCAN HUNT SURVEY, ABSTRACT NO. 314, WILLIAMSON COUNTY, TEXAS, BEING ALL OF A CALLED 092 ACRE TRACT CONVEYED BY MILBURN INVESTMENTS, INC. TO ROUND ROCK INDUSTRIAL PARK IN DEED FILED FOR RECORD JANUARY 2, 1996 IN DOCUMENT NO. 9600209, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 0.92 ACRES BEING A PORTION OF A CALLED 40.464 ACRE TRACT OF LAND CONVEYED BY MICHAEL W. AYER TO MILBURN INVESTMENTS, INC., IN DEED FILED IN DOCUMENT NO. 9546338, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 40.464 ACRES BEING A PORTION OF TRACT 12 CALLED 68.794 ACRES CONVEYED BY RESOLUTION TRUST CORPORATION TO MICHAEL W. AYER IN DEED FILED FOR RECORD MARCH 18, 1993 IN VOLUME 2271, PAGE 354, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS AND FILED FOR RECORD FEBRUARY 8, 1993 IN VOLUME 11868, PAGE 121, REAL PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS; SAID 0.928 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 'h inch iron rod found M the north line of Lot 2, Block A, REMINGTON HEIGHTS, PHASE I, SECTION A, aging to the map or plat thereof recorded in Cabinet N, Slide 238 -240, Plat Records of Wiliamson County, Texan, for an ell comer of Tract One called 141.27 aces, conveyed by Billy Wray Gleam et al to Round Rock Industrial Pads in deed filed for record February 29, 1984 in Volume 980, Page 925, Official Records of Williamson County, Texas, for the southeast corner of said called 0.92 are tract and the southeast corner of the herein described tract, from which a inch icon rod found at the base of an 18 inch tree used for a fence comer post, for the northeast corner of said REMINGTON HEIGHTS, PHASE 1, SECTION A and for an ell corner in the west line of said Tract One called 141.27 acres, bears, N87°39'50" E, a distance of 249.69 feet THENCE, with the north line of said Lot 2, Block A, the north line of Lot 1, Block A of said REMINGTON IEIGF3TS, PHASE 1, SECTION A, S 86 °54759° W (called S 86°48'04° W), a of 51.25 (filed 51.24) feet a 'h inch iron rod found for the southeast corner of the remainder of Tract Two called 1.64 acres, conveyed by Billy Wray Glenn at al to Round Rock Industrial Paris in deed filed for record February 29, 1984 in Volume 980, Page 925, Official Records of Williamson County, Texas, for the southwest corner of said called 0.92 acre tract and die southwest corner of the herein described tract, from which a 'h inch eon rod found in the south line of said Tract Two called 1.64 acres, in the existing easterly right of way line of Jazz Street (70' right of way width), as dedicated by said REMINGTON HEIGHTS, PHASE 1, SECTION A, for the northwest comer of said Lot 1, Block A and the southeast corner of a called SEP-15 - 1999 11 :43 called' 1.27' aa+e tract conveyed by Round Rock Industrial Park t0 Milburn Investments, Inc., in deed: led for record. January 2, 1996 in Document No. 9600204, Official Records of Williamson County, Texas, bears S 879654' W, a distance of 20.23 feet; THENCE, with the east line of said Tract Two called L64 acres, the we line of said called 0.92 acre tract and the west line of the heroin described tract, N 14°09'13" W (called N 1492'08" W), a distance of 800.73 (called 800.61) feet to a 44 inch hon rod found in the existing south right of way line of Louis Henna Boulevard (formerly known as County Road No. 170) (tight of way width varies), for the northeast corner of said Tract Two called 1.64 arses, the northwest corner of said called 0.92 acre tract and the northwest comer of the herein described tract, from which a :4 inch iron rod set for the northeast corner of said Jazz Street MY right of way width), for the northeast corner of said called 1.27 acre tract, bears, S 77°5P59' W, a distance of 19.82 fen THENCE, with the existing south right of way Imo of said Louis Henna Boulevard (formerly known as County Road No. 170) (right of way width varies), the north line of said called 0.92 ass pact and the north line of the herein deserted tact, N 77°4420" E (called N 77°4125" E), a dish of 50.17 (called 50.16) feet a 44 inch iron rod set for the northeast comer of said called 0.92 acre tract, for the northwest corner of said Tract One called 141.27 acres and for the northeast corner of the herein descrlbed tract, from which a %. inch iron rod found at the west corner of a called 1.616 acre tract, conveyed by Round Rock Industriat Park to Williamson Caamty, Texas in a Correction De ion of Right of Way f for record March 11, 1988 in Vohtme 1639, Page 420, Official Records of Williamson County, Terns, bears, N 72°2752' E, a distance of 262.72 feet; THENCE, with the west fine of said Tract One called 141.27 acres, the east line of said 0.92 acre tract and east line of the herein described tract, S 14°0955' E (called S 14°09'00" E), a distance of 808.85 (called 808.67) feet to the POINT OF BEGINNING, containing 0.928 acres of land, more or less, within these metes and bounds Reference is herein made to map or On of this 0.928 acre tract arpanying this field note description. Bearing Reference: The southwest lime of Tract One called 141.27 acres conveyed by Billy Wray Glenn et al, to Round Rock Industrial Park in deed fled for record February 29, 1984 in Volume 980, Page 925, Official Records of Williamson County, Texas. (N 59°47'00'W) I hereby certify that this description was prepared from the results of a survey made on the ground under my supervision_ CUNNINGHAM -ALLEN 1NC 51c 327 2973 P.11.11 TOTAL P.11 THE STATE OF TEXAS COUNTY OF WILLIAMSON us+eamsenrosw+wen.nmrat EXHIBIT "B" AGREEMENT AND DEVELOPMENT PLAN WARNER RANCH PLANNED UNIT DEVELOPMENT NO. 42 THIS AGREEMENT AND DEVELOPMENT PLAN (this' A ree ent") 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 LODGE AT WARNER RANCH, L.P., a Delaware limited partnership (the "Lodge Partnership ") and VILLAGES AT WARNER RANCH PUD, LP, a Delaware limited partnership, (the "Villages Partnership ") its successors and assigns, having their offices at 5847 San Felipe, Suite 3600, Houston, Texas 77057 (hereafter collectively referred to as the "Owner"). For purposes of this Agreement, the teen Owner shall mean the Lodge Partnership and the Villages Pannaship, their respective successors and assigns; provided, however, upon sale, transfer or conveyance of portions of the hereinafter described property, the duties and obligations of the Owner, as it relates to the respective property, shall be assumed by the new owner, and the Owner shall have no further liability relating to their respective property. WHEREAS, the Village Partnership is the owner of certain real property consisting of 120 .643 acres, as more particularly described in Exhibit "A-1", attached hereto and made a part hereof (the "Village Tract ") and the Lodge Partnership is the owner of certain real property consisting of 19 .191 acres, as more particularly described on Exhibit "A -2 ", attached hereto and made a part hereof (the "Lodge Tract " "). WHEREAS, The Owner has submitted a request to the City to rezone the Village Tract and the Lodge Tract (collectively, the "Property") as a Planned Unit Development (the "PUD "). WHEREAS, pursuant to Chapter 11, Section 11.316(8), Code of Ordinances (1995 Edition), City of Round Rock, Texas, the Owner has submitted a Development Plan setting forth, the development conditions and requirements within the PUD, which Development Plan is contained in Section 11 of this Agreement; and WHEREAS, the City has held two public hearings required by law to solicit input from all interested citizens and affected parties; and WHEREAS, on July 28, 1999, the City's Planning and Zoning Commission recommended approval of the Owner's application for a PUD; and WHEREAS, the City Council has reviewed the proposed Development Plan and determined that it promotes the health, safety, and general welfare of the citizens of Round Rock and that it complies with the intent of the Planned Unit Development Ordinance of the City; 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: L GENERAL PROVISIONS 1. CONEUKMITY WITT? TRVELOPMEN'LFLAN That all uses and development within the Property shall conform to the Development Plan included in Section If herein. 2. CHANGES AN D 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 11.14 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, (1995 Edition), City of Round Rock, Texas, as amended. 4. LIRNHOLDER CONSRNf That the lienholder of record has consented to this Agreement and Development Plan, including any and all dedications to the public. Lienbolder consent is attached hereto and incorporated herein as Exhibit "B". 5. MISCELLANEOUS PROVISIONS 5.1 Aesianment. 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 selling the Property or portions of the Property, together with all development rights and obligations contained in this Agreement and Development Plan, and no consent shall 2. be required in connection with such sale provided the purchaser assumes Owner's obligations as to such property. 5.2 Necessary Documents and Action 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. (remainder of page intentionally left blank) 3. 5.3 $everabiiity. 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. 5.4 This Agreement constitutes the entire agreement of the parties and supersedes any prior or contemporaneous oral or written understandings or representations of the parties respecting the subject matter hereof. 5.5 Applicable Law. This Agreement shall be construed under and in accordance with the laws of the State of Texas. 5.6 Vmne. 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 (and their respective successors and assigns), any rights, benefits or remedies under or by reason of this Agreement. 5.8 Duplicate Originals. This Agreement may be executed in duplicate original, each of equal dignity. 5.9 hating, 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 Villages at Warner Ranch PUD, LP 5847 San Felipe, Suite 3600 Houston, Texas 77057 Attn: Kathy Milford, Vice President 4. City of Round Rock, Texas 221 East Main Street Round Rock, Texas 78664 Attn: Director of Planning 5.10 Effective Date. This Agreement shall be effective from and after the date of due execution hereof by all parties. 5.11 Appeal of Administrative Decisions. Administrative decisions provided for in this Agreement may be appealed to the City Council in writing within 90 days following receipt by the Owner of the written confirmation of the decision. 5.12 Rlndina /re tt. This Agreement and the Development Plan binds and benefits the Owner and its successors and assigns. 5.13 Sunset Provision 3. pi TRPOSE In the event that this Planned Unit Development is not recorded within four years from the date the Planned Unit Development is approved by the City Council, then the Planned Unit Development shall be automatically voided, and the property described herein shall be zoned Single Family- Residential (SF -1). 11 DEVELOPMENT PLAN 1. DEFINITIONS Words and terms used herein shall have their usual force and meaning, or as defined in the Code of Ordinances (1995 Edition) as amended, City of Round Rock, Texas, hereinafter referred to as the Code ". 2. PROPERTY This Development Plan (hereinafter referred to as "Plan ") covers approximately 139 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 purpose of this Plan is to insure a 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 5. character ofthe neighboximod, traffic conditions, parsing, 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. 4PPLICARILI TV OF CITY OTITMANCES 4.1 Zoning and Subdivision Ordinances The Property shall be regulated for purposes of zoning and subdivision by this Plan. All aspects not specifically covered by this Plan shall be regulated by applicable sections of the Code. 4.2 Other Ordinances All other Ordinances within the Code shall apply to the Property, except as clearly modified by this Plan. 5. PERMrU EL) USES The Property shall be used and developed for the uses shown in Exhibits "C" and "D", attached hereto and incorporated herein. 6. DEVELOPMENT STA_NTMRDS The Property shall be developed in accordance with the Development Standards set forth in Exhibit "D ", attached hereto and incorporated herein. 7. RL The Owner shall construct an architectural identification feature at the intersection of Louis Henna Boulevard and the Collector Road as shown on Exhibit "E" (Said Collector Road hereinafter referred to as "Warner Ranch Road "). The feature shall be similar to the design set forth in Exhibit "E", attached hereto. This feature may contain signage with a maximum of 100 square feet in total size for all signage for the purpose of project and area identification. Additional monument signs shall be permitted at other entrances to the development, as specified in Exhibit "D ". Notification Signs Within ninety (90) days after the recording of the PUD, signs no less than thirty -two (32) square feet in area, shall be located within Parcels 1, 2 and 3, within fifty (50) feet of Warner Ranch Road, notifying the public of the proposed multi- family development. 6. 8. DTm UINCS Building size, dimension, height and setbacks for all parcels shall be as modified in Exhibit "D ", attached hereto, as applicable to each parcel and its designated use. 9. J.ANDSCAPTNG AND BUFFERING Landscaping and buffering shall be as modified in Exhibit "D ", attached hereto, as applicable to each parcel and its designated use. 10. UNDERGROUND U'FILITY SERVICE Except where approved in writing by the Director of Public Works, all electrical, telephone and cablevision distribution and service lines, other than overhead lines, which are, three phase or larger, shall be placed underground. 11. DRIVEWAY ACCESS TO LOUIS HENNA BOULEVARD & CO. RD. 170: Parcel 7, identified on Exhibit "C ", shall be permitted one driveway access to Louis Henna Boulevard. This access shall be located at least two hundred feet (200') from the edge of the right of way of Werner Ranch Road. 11.2 Parcel 6, identified on Exhibit "C ", shall be permitted two driveways to access Louis Henna Boulevard. The most westerly access drive shall be located at least two hundred feet ( 200') from the edge of right of way of Warner Ranch Road. The second driveway shall be located at least two hundred feet (200') east of the first driveway. 11.3 Parcel 6, identified on Exhibit "C", shall be permitted two driveways to access County Road 170. The most northerly access drive shall be located at least three hundred fifty feet (350') south of the current Louis Henna Boulevard right of way. The second access drive shall be located at least two hundred feet (200') from the first access drive. 11.4 Parcel 6, identified on Exhibit "C ", shall be permitted two driveways to access Warner Ranch Road. The most northerly access drive shall be located at least three hundred fifty feet ( 350') from the edge of the existing Louis Henna Boulevard right -of - -way. The second driveway shall be located two hundred feet (200') south of the first driveway. 11.5 Parcel 7, identified on Exhibit "C", shall be permitted two driveways to access Warner Ranch Road. The most northerly access drive shall be located three hundred fifty feet ( 350') from the edge of the existing Louis Henna Boulevard right -of -way. The second access drive shall be located two hundred feet (200') south of the first driveway. 11.6 Parcel 7, identified on Exhibit "C ", shall be permitted one driveway onto Jazz Street. This driveway shall be located three hundred fifty feet (350') from the edge of the 7. existing Louis Henna Boulevard right -of -way. Trucks larger than one ton shall be prohibited from using this driveway. 12. STORMWATFR RETENTION ANTI DRAINAGE. 12.1 Regional Detention 12.1.1 Commercial / Industrial Development Parcels: The Owner shall pay to the City $1,600.00 per acre, to participate in regional detention, for Parcels 4, 5, 6 and 7, as shown on Exhibit "C" attached hereto. The payment of these regional detention fees shall be in place of providing on- site detention facilities and shall represent full payment of all detention fees assessable to Parcels 4, 5, 6 and 7. The Regional Detention Fees shall be paid for each development parcel with the application for building permit for each development parcel. 12.1.2 Multifamily Residential Development Parcels: The Owner shall pay to the City $1200.00 per acre, to participate in regional detention, for Parcels 1, 2 and 3 , as shown on Exhibit "C" attached hereto. The payment of these regional detention fees shall be in place of providing on -site detention facilities and shall represent full payment of all detention fees assessable to Parcels 1, 2 and 3. The Regional Detention Fees shall be paid for each development parcel with the application for building permit for each development parcel. 13. PllsffiNG 12.1.3 Single - Family Development Parcels: The Owner shall pay to the City $800.00 per acre, to participate in regional detention, for Parcel 9, as shown on Exhibit "C" attached hereto. The payment of these regional detention fees shall be in place of providing on -site detention facilities and shall represent full payment of all detention fees assessable to Parcel 9. These fees shall be pre- paid, when the single family residential plat is recorded, as the Owner's share of joint drainage improvements. 12.1.4 Downstream Conveyance of Storm Water If downstream conveyance is not sufficient to accommodate undetained storm water the Owner shall provide the required on -site detention and shall not pay the regional detention fees referenced in paragraphs 12.1.1, 12.1.2 and 12.1.3. 8. The development of the Property may be phased at the developer's option. The portion of the Warner Ranch Road required to access each development parcel shall be constructed as a part of each parcel, except for parcel three which will require construction of Warner Ranch Road to the southern boundary of the property/parcel. 14. PARKLAND DEDICATION The parkland dedication requirements for the Property shall be met in full by providing the following: a. Dedication of Parcel 8 as shown on Exhibit "C" for landscaped buffer easement and rarktanrr This dedication may be to either the City of Round Rock or a neighborhood homeowners association. This dedication shall be made with recordation of the first multi family residential plat. b. Construction of one or more clubhouses for Parcels 1, 2 and 3), as shown on Exhibit "C ". Clubhouses will contain a minimum of one thousand (1000) square feet per for each one hundred (100) dwelling units constructed. Additional area may be added to each clubhouse, at the Owners option, for the purpose of accommodating 1eRng offices and other administrative or maintenance uses. The calculation of the required clubhouse area shall not include leasing offices and other administrative or maintenance uses. c. Construction of one or more swimming pools for Parcels 1, 2 and 3, as shown on Exhibit "C". Pools shall contain a minimum of six (6) square feet of water surface per dwelling unit constructed on each development parcel. 15. HIGHWAY RIGHT OF WAY DEDICATION The following right of way dedications shall be made by the Owner. 15.1 State Highway 45i Simultaneously with recordation of the PUD, the Owner shall dedicate to the City of Round Rock, free of all liens, right -of -way adjacent to existing Louis Henna Blvd. sufficient to total four hundred feet (400'). The City Attorney shall prepare the dedication deed and Owner shall provide the survey. 15.2 Arteri "B "• The Owner shall dedicate to the City, free of all liens, thirty -five feet (35') of right -of -way along the portions of the western boundary of existing County Road 170, required for the construction of Arterial B. 9. This dedication shall be made within ninety (90) days following the City providing the required field notes describing the exact limits of the right of way dedication to the Owner of Parcel 6. As partial consideration for the dedication of the rights -of -way described herein, in addition to the granting of this PUD, the City shall attempt to convey to Owner any strips of land owned by the City lying between the PUD and Arterial B, as finally constructed. Said conveyance is contingent upon the City Attorney determining that said conveyance is lawful. 16. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN 16.1 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. 16.2 Major Changes Major changes shall be resubmitted following the same procedure required by the original PUD application. 17. CONCEPT PLAN APPROVED Approval of this Agreement constitutes Concept Plan approval under the City Subdivision Ordinance. 18. GENERAL PLAN 2000 This Agreement is in compliance with the Round Rock General Plan 2000, which was adopted on June 10, 1999. VILLAGES AT WARNER RANCH PUD, LP By: THC /Southwest Division Limited Partnership, Its sole general partner By: Hanover G.P. L.L.C., its s e general partner By: K. — Kathy inford, Vic Prcr esident Date: / 5 - iq 10. LODGE AT WARNER RANCH, L.P. By: THC/ Southwest Division Limited Partnership By: Hanover G. P., L.L.C. By: J d. iq Kathy Binford, ic°V a President ATTEST: .gin /Ii! L. By: , CITY SECRETA QN IST E6 /!r1RaaT +NE1., x557. 11. EXHIBIT `__" TRACT I I38.543 ACRES OF LAND DESCRIPTION FIELD NOTES FOR 138.543 ACRES OF LAND SITUATED IN THE MEMUCAN HUNT SURVEY, ABSTRACT NO. 314 THE WM BARKER SURVEY, ABSTRACT NO. 107, WILLIAMSON COUNTY, TEXAS, AND THE WM. BARKER SURVEY, ABSTRACT NO. 109, TRAVIS COUNTY, TEXAS; BEING OUT OF TRACT ONE CALLED 141.27 ACRES CONVEYED BY BILLY WRAY GLENN et al, TO ROUND ROCK INDUSTRIAL PARK IN DEED FILED FOR RECORD FEBRUARY 29, 1984 IN VOLUME 980, PAGE 925, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID TRACT ONE CALLED 141.27 ACRES BEING A PORTION OF THIRD TRACT CALLED 44 ACRES CONVEYED BY HEDDA BLAD et al TO G. W. GLENN IN DEED FILED FOR RECORD DECEMBER 15, 1931 IN VOLUME 260, PAGE 368, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS AND A PORTION OF A CALLED 152.5 ACRE TRACT CONVEYED BY BE I ILL E. GLENN TO BILLY WRAY GLENN IN DEED FILED FOR RECORD SEPTEMBER 27, 1966 IN VOLUME 490, PAGE 534, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 138.543 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS. BEGINNING at a' /+ inch iron rod found at the base of an 18 inch elm tree used for a fence comer post, for the northeast corner of REMINGTON HEIGHTS, PHASE 1, SECTION A, according to the map or plat thereof recorded in Cabinet N, Slide 238 -240, Plat Records of Williamson County, Texas, and an ell corner in the west line of the herein described tract, from which a ''r inch iron rod found at the base of said 18 inch elm tree, bears N 35 °50' W, a distance of 1.71 feet; THENCE, along the westerly line of said Tract One called 141.27 acres, and with the north line of said REMINGTON HEIGHTS, PHASE 1, SECTION A and the westerly line of the herein described tract, S 87 °39'50" W (called S 87 °20'30" W), a distance of 249.69 (249.00) feet to a VZ inch iron rod found for an ell corner in the west line of said Tract One called 141.27 acres, the southeast corner of a called 0.92 acre tract conveyed by Milburn Investments, Inc. to Round Rock Industrial Park in deed filed for record January 2, 1996 in Document No. 9600209 Official Records of Williamson County, Texas, from which a '/ inch iron rod with cap set for the southwest comer of said 0.92 acre tract and the southeast corner of the remainder of Tract Two called 1.64 acres conveyed by Billy Wray Glenn et al, to Round Rock Industrial Park in said deed filed for record February 29, 1984 in Volume 980, Page 925, Official Records of Williamson County, Texas, bears, S 86 °50'59" W, a distance of 51.25 feet; THENCE, with the west line of said Tract One called 141.27 acres, the east line of said 0.92 acre tract and west line of the herein described tract, N 14 °09'55" W (called N 14 °09' W), a distance of 808.86 (called 808.67) feet to a 'h inch iron rod set in the existing south right of way line of Louis CAI-239-0210 .02 EXHIBIT A Page 1 of 12 Hemet Boulevard (formerly known as County Road No. 170) (tight of way width varies), for the northwest comer of said Tract One called. 141.27 acres, the northeast of said 0.92 acre tract and the northwest comer of the herein described tract, from which a '/ inch iron rod found for the northeast corner of the remainder of said Tract Two called 1.64 acres and the northwest corner of said called 0.92 acre tract, bears S 77°44'20" W, a distance of 50.17 feet; THENCE, with the existing south right of way line of Louis Henna Boulevard (formerly known as County Road No. 170) (right of way width varies), the north line of said Tract One called 141.27 acres and the north line of the herein descnbed tract, N 72°27'52" E (called N 72°2730" E), a distance of 262.72 feet to a 'h inch iron rod found at the beginning of a non - tangent curve to the right for the west corner of a called 1.616 acre tract, conveyed by Round Rock Industrial Park to Williamson County, Texas in Correction Dedication of Right of Way filed for record March 11, 1988 in Volume 1639, Page 420, Official Records of Williamson County, Texas, for an angle corner in the north line of the herein described tract; THENCE, over and across said Tract One called 141.27 acres, with the common line of said Louis Henna Boulevard (formerly known as County Road No. 170) (right of way width varies), said called 1.616 acre tract and the herein described tract the following four (4) courses and distances; 1) with said non - tangent curve to the right having a central angle of 02 °27'48 ", a radius of 3260.57 feet, an arc length of 140.19 feet, and a chord bearing and distance of N 81 °1903" E, 140.18 feet to a '/ inch iron rod found at the end of said curve; 2) N 82 °25'39" E, a distance of 390.65 feet to a 'h inch iron rod found at the beginning of a curve to the left; 3) with said curve to the left having a central angle of 10 °42'47', a radius of 2182.60 feet, an arc length of 408.10 feet, and a chord bearing and distance of N 77°10'25" E, 407,50 feet to a 1/2 inch iron rod found for at the end of said curve, from which a '/ inch iron rod found, bears N 82 °11' E, a distance of 0.13 feet; 4) N 71°22'15" E, a distance of 11 -16 feet to a '/ inch iron rod found in the existing southwest right of way line of County Road No. 170 (right of way width varies), the northeast line of said Tract One called 141.27 acres, for the southeast corner of said called 1.616 acre tract and the north corner of the herein described tract, from which a 1 inch iron rod found, bears S 57 °50' E, a distance of 0.26 feet; THENCE, with the existing southwest right of way line of said County Road No 170 (right of way width varies), the northeast line of said Tract One called 141.27 acres and the northeast line of the herein described tract the following three (3) courses and distances; 1) S 51 °43'28" E (called S 51 °43'30" E), a distance of 618.37 feet to a '/: inch iron rod found for an angle comer, 2) S 51 °57'32" E (called S 51 °56'30" E), a distance of 174.59 (called 174.86) feet to a' /2 inch iron rod found for an angle corner, 3) S 51 °4918" E (called S 51 °50' E), passing a''/ inch iron rod found at a distance CAI -239 - 0210.02 EXHIB IT A- I Page 2 of 12 - 7,C7 Lox of 176.23 and continuing fora total distance of 261.55 (called.261.69) feet to a 1/2 inch iron rod found for the northwest corner of a called 5.04 acre tract of land conveyed by Billy Wray Glenn to Tommy Dale Amok' in deed filed for record in Volume 686, Page 241, Deed Records of Williamson County, Texas, for the northeast corner of said Tract One called 141.27 acres and the northeast comer of the herein described tract, from which a concrete monument found in the existing southwest right of way line of said County Road No. 170 (right of way width varies), for the northeast comer of said called 152.5 acre tract, and the approximate northwest of a called 1.52 acre tract conveyed by Fritz Ganzert to Adolf Priem in deed filed for record in Volume 2058, Page 239, Deed Records of Travis County, Texas, bears, S 51 °43'33" E, a distance of 1135.93 feet; THENCE, continuing with the northeast line of said Tract One called 141.27 acres, the northeast line of the herein described tract and the westerly line of said called 5.04 acre tract, the following two (2) courses and distances; 1) S 30°05'30" W (called S 30 °03' W), a distance of 438.96 (called 439.00) feet to a '/z inch iron rod found bent and replaced for the southwest corner of said called 5.04 acre tract; 2) S 59°54'30" E (called S 59 °57' E), passing a point in the westerly line of a 50 foot wide access road easement (known as Glenn Drive), as described in the following instruments filed for record in; Volume 681, Page 797, Volume 715, Page 929, Volume 686, Page 241, Volume 763, Page 777, Volume 787, Page 776, Volume 912, Page 135, Volume 917, Page 701 and Volume 917, Page 708, Deed Records of Williamson County, Texas at a distance of 524.66 feet and continuing for a total distance of 549.66 (called 549.84) feet to 1/2 inch iron rod found bent and replaced in the centerline of said 50 foot wide access road easement (known as Glenn Drive), in the westerly line of a called 5.15 acre tract conveyed to L. C. Schwartz, in deed filed for record in Volume 659, Page 405, Deed Records of Williamson County, Texas, for an ell corner in the northeast line of said Tract One called 141.27 acres, an ell corner in the northeast line the herein described tract and for the southeast comer of said called 5.04 acre tract; THENCE, continuing with the northeast line of said Tract One called 141.27 acres, the northeast line of the herein described tract, the centerline of said 50 foot wide access road easement (known as Glenn Dtive), and the northwest line of said 5.15 acre tract, S 30 °02'46" W (called S 30°11' W), a distance of 109.36 (called 109.47) feet to '/ inch iron rod found, for an ell corner in the northeast line of said Tract One called 141.27 acres, an ell corner in the northeast line of the herein described tract and the southwest comer of said called 5.15 acre tract; THENCE, continuing with the northeast line of said Tract One called 141.27 acres, the northeast line of the herein described n and the South line of said called 5.15 acre tract, S 59 °52'46" E (called S 59 °54'30" E), passing 1/2 inch von rod found in the easterly line of said 50 foot wide access road easement (known as Glenn Drive) at a distance of 25.01 feet, from said 1/2 inch iron rod a '/z inch iron rod found, bears, S 04°01' W, a distance of 0.55 feet and continuing for a total distance of 574.66 (called 574.91) feet to a 3 / 8 inch iron rod found in the east line of said tailed 152.5 acre tract, in the west line of said called 1.52 acre, for the east corner of said Tract One CAI -239 -0210 02 EXHIBIT A -1 Page 3 of 12 77.C7 aea called 141.27 acres, for the east comer of the herein described tract and for the_ southeast corner of said called 5.15 acre tract, from which said concrete monument found for the northeast corner of said called 152.5 acre tract, bears, N 30 °11'39" E, a distance of 236.92 feet and N 29°54'56" E, a distance of 150.02 feet; THENCE, with the easterly line of said Tract One called 141.27 acres, the easterly line of said called 152.5 acre tract, the westerly line of said called 1.52 acre tract and the easterly line of the herein described tract, S 30 °00'21" W (called S 30 °02' W), a distance of 386.14 (called 386.20) feet to a 5 ) 8 inch iron rod found for the northeast corner of a called 5.11 acre tract conveyed by Billy Wray Glenn to James Burrows in deed filed for record June 15, 1978 in Volume 715, Page 929, Deed Records of Williamson County, Texas, for an ell corner in the easterly line of said Tract One called 141.27 acres and for an ell corner in the easterly line the herein described tract; THENCE, continuing with the easterly line of said Tract One called 141.27 acres, the easterly line of the herein described tract and the northerly, westerly and southerly line of said called 5.11 acre tract, the following three courses and distances; 1) N 59°58'53" W (called N 60 °00' W), passing a point in the easterly line of said 50 foot wide access road easement (known as Glenn Drive) at a distance of 549.93 feet, and continuing fora total distance of 574.93 (called 574.91) feet to a 1 inch iron rod found bent and replaced in the centerline of said 50 foot wide access road easement (known as Glenn Drive) for the northwest corner of said called 5.11 acre tract and for an ell comer, 2) with the centerline of said 50 foot wide access road easement (known as Glean Drive), S 30 °02'46" W (called S 30 °02'30" W), a distance of 386.77 (called 386.84) feet to a 'A inch iron rod found for the southwest corner said called 5.11 acre tract and for an ell comer, 3) S 59 °57'49" E (called S 59 °59' E), passing a point in the westerly line of said 50 foot wide access road easement (known as Glenn Drive) at a distance of 25.00 feet, and continuing for a total distance of 575.00 (called 574.91) feet, a ', inch iron rod found in the east line of said called 152.5 acre tract, in the west line of a said called 1.52 acre, for the southeast comer of said called 5.11 acre tract and for an ell corner of said Tract One called 141.27 acres and an ell corner of the herein described tract ; THENCE, continuing with the easterly line of said Tract One called 141.27 acres, the easterly line of said called 152.5 acre tract, the westerly line of said called 1.52 acre tract and the easterly line of the herein described tract, S 29 °58'43" W (called S 29 °58' W), a distance of 1160.57 (called 1160.54) feet to a V2 inch iron rod found for the northeast corner of a called 5.35 acre tract conveyed by Glenn Drive Ventures to Matt A, Lasater et ux in deed bled for record September 1, 1995 in Document No 9538506, Official Records of Williamson County, Texas, for the south corner of said Tract One called 141.27 acres and the south corner of the herein described tract; THENCE, with the southwest line of said Tract One called 141.27 acres, the northerly line of said called 5.35 acre tract, the northerly line of a called 5.19 acre tract conveyed by T. J. Davidson to Iraj Eric Shahavndi et ux, in deed filed for record May 19, 1993 in Volume 2304, Page 345, Official Records of Williamson County, Texas, N 59°56'14" W (called N 59 °57'00" W), passing a CAI -239 -0210.02 EXHIBIT A -1 Pa°e 4 of 12 'h inch iron rod found in the easterly line of said 50 foot wide access road easement (}mown as Glenn Drive) at a distance 551.37 feet, passing a point in the centerline of said 50 foot wide road easement, for the northwest corner of said called 5.35 acre tract and the northeast corner of said called. 5.19 acre tract at a distance 576.37 feet, and continuing with the centerline of said 50 foot wide road easement for a total distance of 1126.60 (called 1126.51) feet to a 31$ inch iron rod found for the northwest corner of said called 5.19 acre tract, for an ell corner in the southwest line of said Tract One called 14L27 acres and for an ell corner in the southwest line of the herein described tract THENCE, continuing with the southwest line of said Tract One called 141.27 acres, the west line of said called 5.19 acre tract and the southwest line of the herein described tract and crossing said 50 foot wide road easement, S 30 °02'21" W (called S 30°01' W), passing the southwest line of said 50 foot wide road easement at a distance of 25.0 feet and continuing for a total distance of 410.40 (called 410.46) feet to a 'h inch iron rod found in the southerly line of said called 152.5 acre tract, in the northerly line of Tract 2 called 41.702 acres, conveyed by Texas Commercial Bank - Austin National Association to F- Victoria L. P. in deed filed for record September 2, 1992 in Volume 2186, Page 208, Official Records of Williamson County, Texas, for an ell corner in the southwest line of said Tract One called 141.27 acres, for an ell corner in the southwest line of the herein described tract and the southwest corner of said called 5.19 acre tract and; THENCE, continuing with the southwesterly line of said called 152.5 acre tract, the southwesterly line of said Tract One called 141.27 acres, the northerly line of said Tract 2 called 41.702 acres and the southwesterly line of the herein described tract the following two (2) courses and distances; I) N 60 °28'05" W (called N 60 °22'30" W), a distance of 125.63 feet to a 1/2 inch iron rod found for an angle corner, 2) N 59°47'00" W (bearing basis), passing a 'h inch iron rod found at a distance of 291.35 feet, passing a 'h inch iron rod found at a distance of 1001.05 feet, and continuing for a total distance of 1046.17 (called 1046.10) feet to a 'h inch iron rod set in the easterly line of Breaux Lane (50' right of way width), as dedicated by REMINGTON HEIGHTS PHASE 2, SECTION B, according to the map or plat thereof recorded in Cabinet 0, Slide 392 -393, Plat Records of Williamson County, Texas, for the southwest corner of said Tract One called 141.27 acres, for the southwest corner of the herein described tract and for the northwest corner of said Tract 2 called 41.702 acres, from which a '/ inch iron rod found for the southeast comer of said REMINGTON HEIGHTS PHASE 2, SECTION B and the northwest corner of the remainder of Tract 12 called 68 794 acres conveyed by Resolution Trust Corporation to Mrchael W Ayer in deed filed for record March 18, 1993 in Volume 2271, Page 354, Official Records of Williamson County, Texas and filed for record February 8, 1993 in Volume 11868, Page 121, Real Property Records of Travis County, Texas, bears, S 30 °13'50" W, a distance of 168.44 feet; THENCE, with the easterly line of said REMINGTON HEIGHTS PHASE 2, SECTION B, the easterly line of REMINGTON HEIGHTS PHASE 1, SECTION B, according to the map or plat thereof recorded in Cabinet 0, Slide 18 -20, Plat Records of Williamson County, Texas, the CAI- 239 - 0210 02 EXIUBIT A - 1 Page 5 of 12 easterly line of said REMINGTON HEIGHTS PHASE 1, SECTION A, and the westerly line of the herein described tract and along the west- line of said Tract One called 141.27 acres and the west line of said called 152.5 acre tract, N 30 °06'04" E (called N 30 °02'00" E), passing a 'h inch iron rod found at the northeast corner of said Breaux Lane (50' right of way width) and the southeast comer of Lot 31, Block B of said REMINGTON HEIGHTS PHASE 2, SECTION B, at a distance of 12.36 feet, passing a '/z inch iron rod found for the northeast corner of said REMINGTON HEIGHTS PHASE 2, SECTION B and the southeast comer of said REMINGTON HEIGHTS PHASE 1, SECTION B at a distance of 624.06 feet, paccing a 'h inch iron rod found for the northeast comer of said REMINGTON HEIGHTS PHASE I, SECTION B and the southeast corner of said REMINGTON HEIGHTS PHASE 1, SECTION A at a distance of 1024.06 feet, and continuing for a total distance of 1789.25 (called 1789 74) feet to the POINT OF BEGINNING, containing 138.543 acres of land, more or less, within these metes and bounds Reference is herein made to map or plat of this 138.543 acre tract accompanying this field note description. Bearing Reference: The southwest line of Tract One called I41.27 acres conveyed by Billy Wray Glenn et al, to Round Rock Industrial Park in deed filed for record February 29, 1984 in Volume 980, Page 925, Official Records of Williamson County, Texas. (N 59°47'00'W) I hereby certify that this description was prepared from the results of a survey made an the ground under my supervision_ CUNNINGHAM- • C If 441 ' / x INC R st fest onal Land Surveyor No. 4437 Date: SAVE AND EXCEPT that certain 19.191 acre tract or parcel of land being more particularly described as fo'_lcws: CAI -239 -0210.02 EXHIBIT A-1 Page 6 of 12 FIELD NOTES FOR 19.191 ACRES OF LAND SITUATED IN THE MEMUCAN HIJNT SURVEY, ABSTRACT NO. 314, WILLIAMSON COUNTY, TEXAS, BEING OUT OF THOSE CERTAIN TRACT ONE DESCRIBED IN DEED FROM BILLY WRAY GLENN et al, TO ROUND ROCK INDUSTRIAL PARK, RECORDED FEBRUARY 29, 1984 IN VOLUME 980, PAGE 925, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 19.191 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS BEGINNING at a 1/2 inch iron rod found bent and replaced for the southwest corner of that certain tract of land described in deed from Billy Wray Glerm to Tommy Dale Arnold, recorded in Volume 686, Page 241, Deed Records of Williamson County, Texas, same being an interior ell comer of said Tract One, -- from which a 1/2 inch iron rod found in the south right of way line of County Road No 170 (right of way width varies), for the easternmost northeast corner of said Tract One and the northwest corner of said Arnold tract, bears N 30 °05'30" E a distance of 438.96 feet THENCE, with a north line of said Tract One the north line of the herein described tract, and the south line of said Arnold tract, S 59 °54'30" E, a distance of 524.66 feet to a 1/2 inch iron rod set for the northeast corner of the herein described tract, in the west line of a 50 foot wide access road easement (also known as Glenn Drive), as described in the following instruments of record: Volume 681, Page 797, Volume 715, Page 929, Volume 686, Page 241, Volume 763, Page 777, Volume 787, Page 776, Volume 912, Page 135, Volume 917, Page 701 and Volume 917, Page 708, Deed Records of Williamson County, Texas, from which a 1/2 inch iron rod found bent and replaced in the centerline of said 50 foot wide access road easement, in the west line of that certain tract described in deed to L. C. Schwartz recorded in Volume 659, Page 405, Deed Records of Williamson County, Texas, for an exterior ell corner of said Tract One, bears S 59°54'30" E a distance of 25.00 feet; THENCE, over and across said Tract One, 25 00 feet west of and parallel with the centerline of said 50 foot wide access road easement, and with the east line of the herein described tract, S 30 °02'46" W a distance of 670.05 feet to a 1/2 inch iron rod set for the southeast corner of the herein described tract; THENCE, continuing over and across said Tract One, with the south, west, and north lines of the herein described tract, the following three (3) courses 1) N 63 °50'14" W a distance of 1299 62 feet to a 1/2 inch iron rod set for the southwest corner of the herein described tract; 2) with a curve to the left having a central angle of 39 °31'25 ", a radius of 623 35 feet, an arc length of 430 00 feet, and a chord bearing and distance of N 06 °38'35" E 42 52 feet to a 1/2 inch iron rod set for the northwest corner of the herein described tract, 3) 5 81 °32'18" E a distance of 1010 24 feet to the POINT OF BEGINNING, containtns 19 191 acres of land, more or Tess, within these metes and bounds. CAI- 239 -0210 02 DESCRIPTION EXHIBIT A -I Page 7 of 12 Bearing Reference: The southwest line of Tract One called 141.27 acres conveyed by Billy Wray (s'ienn-et al, to Round Rock Industrial Park in deed filed for record February 29, 1984 in Volume 980, Page 925, Official Records of Williamson County, Texas. (N 59°4T00 "W) I hereby certify that this description was prepared from the results of a survey made on the ground under my supervision. C I- 239 -0210 02 EXHIBIT A-1 Page 8 of 12 TRACT II 0.363 ACRES OF LAND FIELD NOTES FOR 0.363 ACRES OF LAND SITUAIII IN THE MEMUCAN HUNT SURVEY, ABSTRACT NO. 314, WILLIAMSON COUNTY, TEXAS, BEING OUT OF TRACT TWO CALLED 1 64 ACRES CONVEYED BY BILLY WRAY GLENN et al, TO ROUND ROCK INDUSTRIAL PARK IN DEED FILED FOR RECORD FEBRUARY 29, 1984 IN VOLUME 980, PAGE 925, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 1.64 ACRE TRACT BEING A PORTION OF THIRD TRACT CALLED 44 ACRES CONVEYED BY HEDDA BLAD et al TO G. W. GLENN IN DEED FILED FOR RECORD DECEMBER 15, 1931 IN VOLUME 260, PAGE 368, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 0363 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2 inch iron rod with cap set in the existing easterly right of way line of Jazz Street (70 right of way width), as dedicated by REMINGTON HEIGHTS, PHASE I, SECTION A, according to the map or plat thereof recorded in Cabinet N, Slide 238 -240, Plat Records of Williamson County, Texas, in the south line of said Tract Two called 1.64 ages, for the southeast corner of a called 1.27 acre tract conveyed by Round Rock Industrial Park to Milburn Investments, Inc., in deed filed for record January 2, 1996 in Document No. 9600204, Official Records of Williamson County, Texas, for the northwest corner of Lot 1, Block A of said REMINGTON HEIGHTS, PHASE 1, SECTION A, and for the southwest corner of the herein described tract, from which a 3 4 inch iron rod found in the existing westerly right of way line of said Jazz Street (70' right of way width) and for the northeast corner of Lot 30, Block G, of said REMINGTON HEIGHTS, PHASE 1, SECTION A, bears, S 87°15'42" W, a distance of 71.72 feet; THENCE, over and across said Tract Two called 1.64 acres, with the existing easterly right of way line of Jars Street (70' right of way width), the easterly line of said called 1.27 acre tract and the westerly line of the herein described tract, N 14 °09'13" W, a distance of 79730 feet to a 'h inch iron rod set in the existing south right of way line of Louis Henna Boulevard (formerly known as County Road No. 170) (right of way width varies), for the northeast corner of said Jazz Street (70' right of way width), for the northeast corner of said called 1.27 acre tract and for the northwest corner of the herein described tract THENCE, with the existing south right of way line of said Louis Henna Boulevard (formerly known as County Road No. 170) (right of way width varies), the north line of said Tract Two called 1.64 acres and the north line of the herein described tract, N 77°51'59" E (called N 77 °55' E), a distance of 19.82 feet to a 1/2 inch iron rod found for the northeast corner of said Tract Two called 1.64 acres, the northwest corner of said called 0.92 acre tract and the northeast corner of the herein described tract, from which a '/x inch iron rod set for the northwest corner of CAI 02 DESCRIPTION EXHIBIT A' Page 9 of 12 77,47 :Joe TractOne called 141.27 acres conveyed by Billy Wray Glenn et al, to Round Rock Industrial Park in deed flied for record February 29, 1984 in Volume 980, Page 925, Official Records of Williamson County, Texas and the northeast corner of said called 0.92 acre tract, bears, N 77°44'20" E, a distance of 50.17 feet; THENCE, with the east line of said Tract Two called 1.64 acres, the we line of said called 0.92 acre tract and the east line of the herein described tract, S 14°09'13" E (called S 14°09' E), a distance of 800.73 (called 800.70) feet to a '% inch iron rod with cap set in the north line of said Lot 1, Block A, REMINGTON HEIGHTS, PHASE 1, SECTION A, for the southeast corner of said Tract Two called 1.64 acres, the southwest corner of said called 0.92 acre tract and the southeast corner of the herein described tract, from which a 'V2 inch iron rod found for an ell corner of said Tract One called 141.27 acres and the southeast corner of said tailed 0.92 acre tract, bears N 86 °50'59" W, a distance of 51.25 feet; THENCE, with the north line of said Lot 1, Block A, REMINGTON HEIGHTS, PHASE 1, SECTION A, the south line of said Tract Two called 1.64 acres and the south line of the herein described tract, S 87°36'54" W (called S 87°22" W), a distance of 20.23 feet to the POINT OF BEGINNING, containing 0.363 acres of land, more or less, within these metes and bounds Reference is herein made to map or plat of this 0.363 acre tract accompanying this field note description. Bearing Reference: The westerly line of Tract One called 141-27 acres conveyed by Billy Wray Glenn et al, to Round Rock Industrial Park in deed fled for record February 29, 1984 in Volume 980, Page 925, Official Records of Williamson County, Texas. I hereby certify that this description was prepared from the results of a survey made on the ground under my supervision. CAI- 239-021002 EXHIBIT f} " Page 10 of 12 TRACT III 0.928 ACRES OF LAND DESCRIPTION FIELD NOTES FOR 0.928 ACRES OF LAND SITUATED IN THE MEMUCAN HUNT SURVEY, ABSTRACT NO. 314, WILLIAMSON COUNTY, TEXAS, BEING ALL OF A CALLED 0 92 ACRE TRACT CONVEYED BY MILBURN INVESTMENTS, INC. TO ROUND ROCK INDUSTRIAL PARK IN DEED FILED FOR RECORD JANUARY 2, 1996 IN DOCUMENT NO. 9600209, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 0.92 ACRES BEING A PORTION OF A CALLED 40.464 ACRE TRACT OF LAND CONVEYED BY MICHAEL W. AYER TO MILBURN INVESTMENTS, INC., IN DEED FILED IN DOCUMENT NO. 9546338, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 40.464 ACRES BEING A PORTION OF TRACT 12 CALLED 68.794 ACRES CONVEYED BY RESOLUTION TRUST CORPORATION TO MICHAEL W. AYER IN DEED FILED FOR RECORD MARCH 18, 1993 IN VOLUME 2271, PAGE 354, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS AND FILED FOR RECORD FEBRUARY 8, 1993 IN VOLUME 11868, PAGE 121, REAL PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS; SAID 0.928 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 'h inch iron rod found in the north line of Lot 2, Block A, REMINGTON HEIGHTS, PHASE 1, SECTION A., according to the map or plat thereof recorded in Cabinet N, Slide 238 -240, Plat Records of Williamson County, Texas, for an ell comer of Tract One called 141.27 acres, conveyed by Billy Wray Glenn et al to Round Rock Industrial Park in deed filed for record February 29, 1984 in Volume 980, Page 925, Official Records of Williamson County, Texas, for the southeast comer of said called 0.92 acre tract and the southeast corner of the herein described tract, from which a' inch iron rod found at the base of an 18 inch tree used for a fence corner post, for the northeast corner of said REMINGTON HEIGHTS, PHASE 1, SECTION A and for an ell comer in the west line of said Tract One called 141.27 acres, bears, N87°39'50" E., a distance of 249.69 feet; THENCE, with the north line of said Lot 2, Block A, the north line of Lot 1, Block A of said REMINGTON HEIGHTS, PHASE 1, SECTION A, S 86 °50'59" W (called S 86 °48'04" W), a distance of 51.25 (called 51.24) feet to a 1/2 inch iron rod with cap set for the southeast corner of the remainder of Tract Two called 1.64 acres, conveyed by Billy Wray Glenn et al to Round Rock Industrial Park in deed filed for record February 29, 1984 in Volume 980, Page 925, Official Records of Williamson County, Texas, for the southwest corner of said called 0.92 acre tract and the southwest corner of the herein described tract, from which a 1 inch iron rod with cap set in the south line of said Tract Two called 1.64 acres, in the existing easterly right of way line of Jazz Street (70' right of way width), as dedicated by said REMINGTON HEIGHTS, PHASE 1, SECTION A, for the northwest corner of said Lot 1, Block A and the southeast comer of a called CAI- 239 - 0210.02 EXHIBIT /4 Page 11 of 12 Lie 1.27 acre tract conveyed by Round Rock Industrial Park to Milburn Investments, Inc., in deed . filed. for record Jamrary 2, 1996 in Document No_ 9600204, Official Records of Williamson Corny, Texas, bears S 87°36'54" W, a distance of 20.23 fee THENCE, with the east line of said Tract Two called 1.64 acres, the west line of said called 0.92 acre tract and the west line of the herein described tract, 14°09'13" W (called N 14 °12'08" W), a disc nce of 800.73 (called 800.61) feet to a 'h inch iron rod found m the existing south right of way ine of Louis Henna Boulevard (formerly (mown as County Road No. 170) (right of way wid k varies), for the northeast corner of said Tract Two called 1.64 acres, the northwest corner of said called 0.92 acre tract and the northwest corner of the herein described tract, from which a 'A inch iron rod set for the northeast corner of said Jazz Street (70' right of way width), for the northeast corner of said called 1.27 acre tract, bears, S 77°51'59" W, a distance of 19.82 feet; THENCE, with the existing south right of way line of said Louis Henna Boulevard (formerly known as County Road No. 170) (right of way width varies), the north line of said called 0.92 acre tract and the north line of the herein described tract, N 77 °44'20" E (called N 77°41'25" E), a distance of 50.17 (called 50.16) feet a '/z inch iron rod set for the northeast corner of said called 0.92 acre tract, for the northwest corner of said Tract One called 141.27 acres and for the northeast corner of the herein described tract, from which a 'h inch iron rod found at the west corner of a called 1.6I6 acre tract, conveyed by Round Rock Industrial Park to Williamson County, Texas in a Correction Dedication of Right of Way filed for record March 11, 1988 in Vohs 1639, Page 420, Official Records of Williamson County, Texas, bears, N 72°2752" E, a distance of 262.72 feet; THENCE, with the west line of said Tract One called 141.27 acres, the east line of said 0.92 acre tract and east line of the herein described tract, S 14°09'55" E (tailed S 14 °09'00" E), a distance of 808.86 (called 808.67) feet to the POINT OF BEGINNING, containing 0 928 acres of land, more or less, within these metes and bounds Reference is herein made to map or plat of this 0,928 acre tract accompanying this field note descaption_ Bearing Reference: The southwest line of Tract One called 141.27 acres conveyed by Billy Wray Glenn et al, to Round Rock Industrial Park in deed filed for record February 29, 1984 in Volume 980, Page 925, Official Records of Williamson County, Texas_ (N 59 °4700 - W) I hereby certify that this description was prepared from the results of a survey made on the ground under my supervision_ CAI-239-0210 02 EXHIBIT A- Page 12 of 12 EXHIBIT ' 4 4- " DESCRIPTION FIELD NOTES FOR 19.191 ACRES OF LAND SITUATED IN THE MEMUCAN HUNT SURVEY, ABSTRACT NO. 314, WILLIAMSON COUNTY, TEXAS, BEING OUT OF THOSE CERTAIN TRACT ONE DESCRIBED IN DEED FROM BILLY WRAY GLENN et al, TO ROUND ROCK INDUSTRIAL PARK, RECORDED FEBRUARY 29, 1984 IN VOLUME 980, PAGE 925, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 19.191 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2 inch iron rod found bent and replaced for the southwest corner of that certain tract of land described in deed from Billy Wray Glenn to Tommy Dale Arnold, recorded in Volume 686, Page _241, Deed Records of Williamson County, Texas, same being an interior ell corner of said Tract One, from which a 1/2 inch iron rod found in the south right of way line of County Road No. 170 (right of way width varies), for the easternmost northeast corner of said Tract One and the northwest corner of said Arnold tract, bears N 30 °05'30" E a distance of 438.96 feet THENCE, with a north line of said Tract One, the north line of the herein described tract, and the south line of said Arnold tract, S 59 °54'30" E, a distance of 524.66 feet to a 1/2 inch iron rod set for the northeast corner of the herein described tract, in the west line of a 50 foot wide access road easement (also known as Glenn Drive), as descr in the following instruments of record: Volume 681, Page 797, Volume 715, Page 929, Volume 686, Page 241, Volume 763, Page 777, Volume 787, Page 776, Volume 912, Page 135, Volume 917, Page 701 and Volume 917, Page 708, Deed Records of Williamson County, Texas, from which a 1/2 inch iron rod found bent and replaced in the centerline of said 50 foot wide access road easement, in the west line of that certain tract described in deed to L. C. Schwartz, recorded in Volume 659, Page 405, Deed Records of Williamson County, Texas, for an exterior ell corner of said Tract One, bears S 59°54'30" E a distance of 25.00 feet; THENCE, over and across said Tract One, 25.00 feet west of and parallel with the centerline of said 50 foot wide access road easement, and with the east line of the herein described tract, S 30 °02'46" W a distance of 670.05 feet to a 1/2 inch iron rod set for the southeast corner of the herein described tract THENCE, continuing over and across said Tract One, with the south, west, and north lines of the herein described tract, the following three (3) courses: 1) N 63 °50'14" W a distance of 1299.62 feet to a 1/2 inch iron rod set for the southwest corner of the herein described tract; 2) with a curve to the left having a central angle of 39°31'25", a radius of 623 35 feet, an arc length of 430.00 feet, and a chord bearing and distance of N 06 °38'35" E 421 52 feet to a 1/2 inch iron rod set for the northwest corner of the herein described tract; 3) S 81 °32'18" E a distance of 1010.24 feet to the POINT OF BEGINNING, containing 19 191 acres of land, more or less, within these metes and bounds. CAI-239-0210 02 EXHIBIT A • ), Page 1 of 2 Bearing Reference: The southwest line of Tract One called .141.27 BffiyWrayGlentr et ai, to Round Rock Industrial Parkin deed flied for record February 29, 1984 in Volume 980, Page 925,_ Official Records of Williamson County, Texas. (N 59°4700"W) I hereby certify that this description was prepared from the results of a survey made on the ground under my supervision. CAI - 239 - 0210 02 EXHIBIT A- Paee 2 of 2 L Hiss 11 THE STATE OF TEXAS COUNTY OF WILLIAMSON § That Mellon Bank, N.A., acting herein by and through its duly authorized officers, being the holder of a lien as evidenced by Deed of Trust and Security Agreement recorded in YAW* Documegt No. v 9 965666 of the Official Records of Williamson County, Texas, covering 19.191 acres of land situated in Round Rock, Williamson County, Texas, being more particularly described therein, does hereby consent to the Agreement and Development Plan of Warner Ranch Planned Unit Development No. 42, and does further hereby join, approve and consent to all provisions shown therein. TEST: Name: Trac• COMMONWEALTH OF PENNSYLVANIA COUNTY OF Aug This instrument was acknowledged before me on the a 7 day of September,1999 by 'J A 11%5 G. f n/ , VW E Pi2E s l b t=it) T of Mellon Bank, N.A., a national banking association, on behalf of said association. Z: \legal \warner ranch\lienholder cone&. u/0 - 11 Q 0 ; EXHIBIT " B " LIENHOLDER'S CONSENT >- MELLON BANK, N.A. Ntaryy P bhc, omm�of Pennsylvania Printed Name of Notary: eARIST /NE SHO mk Commission Expires: - 7 - O3 Christine Sho k, Se ary Public Pittsburgh, Allegheny County My Commission Expires Apr. 17, 2003 Member, Pennsylvania Association of Notaries 100' N.U.W. !U VUNSIbI OF FOUR LANE DIVIDED MEDIAN ROAD WHICH TRANSITIONS TO 70' R.O.W. FOUR LANE UNDIVIDED ROAD ADDITIONAL EASEMENT AT ENTRY FOR COMMUNITY IDENTIFICATION CONNECTION TO FUTURE EXTENSION OF VICTORIA STATION BLVD. PARCEL 7 COMMERCIAL - B 7.5 GROSS AC PARCEL 8 COMMUNITY PARK 9.2 GROSS AC MASTER PLAN WARNER RANCH THE HANOVER COMPANY BUSINESS PARK 14.7 GROSS TEMPORARY CUL -OE -SAC EASEMENT TO BE USED UNTO THRU - CONNECTION BUILT PARCEL 5 BUSINESS PARK 4.8 GROSS AC EXHIBIT C .ontx fa 01 NO The following Development Standards shall apply to all development on portions of the Property which are identified as Development Parcels "1, 2 and 3" on the Master Plan attached hereto as Exhibit "C ". EXHIBIT "D" DEVELOPMENT STANDARDS DEVELOPMENT PARCELS "1, 2 and 3" MULTI - FAMILY DEVELOPMENT PARCELS 1. PERMITTED USES: The following principal uses are permitted: A maximum density of twenty (20) Multi - family residential dwelling units per acre, together with accompanying recreational amenities, shall be permitted on Parcels 1, 2 and 3. The requirements of this Development Agreement replace 11.320 (3), (q) and (r) of the Code. 2. HEIGHT: No building on the property shall exceed three (3) stories in height or fifty feet (50'), measured from the finished slab elevation to the peak of the roof, except as otherwise specified herein. The requirements of this Development Agreement replace 11.310 (4), (b), (iii) and (iv) of the Code. 3. DESIGN STANDARDS: 3.1 Exterior Finish: The exterior finish of all buildings shall be masonry, except for doors, windows and trim. Masonry shall mean stone, simulated stone, brick, stucco, or cement based siding such as "Hardi Plank ". Cement based siding shall not comprise more than fifty percent (50 %) of the CiTEXTSEPUDS\WARFEN2.EXHhdc 14. exterior finish (breezeways and patio or balcony insets are not included in this calculation). 3.2 Roofmg Materials: Roofing materials shall consist of twenty -five (25) year architectural dimensional shingles, tile or non - reflective metal. 3.3 Building Elevations: Any wall in excess of seventy -five (75') feet in length shall include off sets, to preclude a box design. 3.4 Building Height Variation: Multi- family buildings located within 100 feet of Warner Ranch Ranch shall be one (1) story, two (2) story or three story / two story split buildings. 3.5 Special Design Features: All buildings, other than garages, shall contain a minimum four (4) of the following design features, which shall be chosen by the Owner. The design features are as defined in IdentifvinaAmerican Architecture, by John Blumenson, 2nd Edition, Copyright 1981, W.W. Norton & Co., N.Y. 3.5.1 Bow window. 3.5.2 Bay window. 3.5.3 Arched window. 3.5.4 Gable window. 3.5.5 Oval or round windows. 3.5.6 Shutters. 3.5.7 Arched entry, balcony or breezeway entrance. 3.5.8 Stone or brick accent wall. 3.5.9 Decorative stone or brick band. 3.5.10 Decorative tile. 3.5.11 Veranda, terrace, porch or balcony. 3.5.12 Projected wall or dormer. 3.5.13 Variation of roof lines on the building. 3.5.14 Decorative caps on chimneys. 3.5.15 Gable, gambrel, mansard and hip roof design, or as approved by the Director of Planning & Community Development. 15. 4. BUILDING SETBACKS: 4.1 Primary Building Setbacks: 4.1.1 Minimum building setbacks from the Warner Ranch Road shall be thirty-five (35') feet. 4.1.2 Minimum building setbacks from any other public streets shall be twenty -five (25') feet. 4.1.3 Minimum building setbacks from all intemal property lines shall be twenty (20') feet. 4.2 Carports and garages: 4.2.1 Street Yard setbacks: Carports and garages shall not be permitted within the landscape easements identified on Exhibit "C ". 4.2.2 All other yard set backs: Carport and garage setbacks for all other yards shall be ten (10') feet. 4.2.3 A minimum of eighteen percent (18 %) of the dwelling units shall be provided with covered parking in the form of an attached garage, a detached garage, or a carport. 5. PHASED DEVELOPMENT: 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. The exact area and configuration of Parcels 1, 2 and 3 may vary from those identified in Exhibit "C" but the total area and the configuration of the Parcels 1, 2 and 3 combined shall be as identified on Exhibit "C ", but shall not exceed a combined total of 65.91 acres, and shall be no more than three parcels. 6. SERVICE AREAS: 6.1 Trash Storage Refuse storage enclosures are required for all developments. Enclosures must be of sufficient height to completely screen all refuse containers and must be provided with gates, so as to provide screening of views from adjacent lots and public rights -of -way. All enclosures must be constructed of permanent materials (concrete, masonry, wood, 16. steel, etc., but not chain link). Refuse storage areas must be designed to contain all refuse generated on -site between collections. 6.2 Roof Mounted Mechanical Equipment: All roof mounted mechanical elements must be screened from view from the public right -of- way. Screening must be compatible with the building design. 6.3 Street Level Mechanical Equipment: All ground- mounted service equipment (e.g., air conditioners, transformers, trash collection equipment) related to each building will be screened with landscaping to soften the visual appearance. 7. LANDSCAPING: 7.1 Landscape Easement: 7.1.1 Easement adjacent to public streets: A thirty-five foot (35') wide landscape easement shall be provided adjacent Warner Ranch Road. All areas located within these Landscape Easements shall be used solely for the purpose of landscaping, except for sidewalks, driveways, lighting, monument signs, irrigation, entry features, underground utilities, meters, utility structures and equipment required to provide utilities to the Property. This shall be credited against the street yard landscaping requirement of the Code. 7.2 Boulevard Trees: Boulevard trees shall be planted within the landscape easement adjacent to all public streets. Boulevard trees shall be planted thirty feet (30') apart. Boulevard trees shall have a minimum caliper size of 2.5- inches and be selected from one of the following species; Live Oak, Bur Oak, Shumard Oak, Cedar Elm, Pecan, Chinkapin Oak or Bradford Pear. Boulevard trees shall be planted prior to the issuance of a Certificate of Occupancy for each development parcel. 7.3 Open Space: All areas of a development parcel for which a Certificate of Occupancy has been issued, and which do not contain buildings, structures, parking lots, sidewalks, fountains, site furniture or other improvements, including, but not limited to, front, side and rear building set back areas, and all areas between the curb line and the property line, must be planted, landscaped, and maintained in good condition. The landscape planting must provide for easy maintenance. Utility easements will be landscaped consistent with other landscape areas where allowed by the respective utility company. 17. 7.4 Rights of Way: Owner shall be responsible for landscaping and irrigating areas within all rights -of -way, pursuant to a license agreement with the City. 7.5 Grass: All landscaped areas not in groundcover or shrub beds shall be sodded with grass. Overseeding in fall with cool season native grasses is allowed. 7.6 Irrigation: An underground, automatic irrigation system must be installed in all landscaped areas. Sprinkler heads must be located to effectively water the landscaped areas with minimal spray onto roadways, parking areas and walkways. 8. UTILITY LINES: All utility service lines must be underground to connection points provided by the utility service provider. All transformers must be screened. 9. FENCING: 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: 9.1 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 to ensure a sturdy and durable fence. Street yard fence materials shall wrap around and extend a minimum of fifty feet (50') along side property lines. 9.2 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 steel, treated wood or similar material set in concrete. The finished side of all perimeter fencing shall face the outside of the development. 10. SITE PLAN REQUIRED: A site plan for each phase of development shall be submitted to the City's Development Review Board to ensure compliance with the terms of this agreement prior to the issuance of each building permit. 11. SIGNS: All freestanding signs shall be Monument Signs, as defined by the Code. 18. 12. VEHICLES IN STREET YARDS: No recreational vehicles, boats, trailers or commercial trucks shall be permitted to be parked in any street yard. 13. PARKING STANDARDS: The following parking requirements shall be provided with each phase of development. Parking spaces for each one bedroom dwelling unit. 1.5 spaces Parking spaces for each two bedroom dwelling unit. 2.0 spaces Parking spaces for each three bedroom dwelling unit. 3.0 spaces Additional parking in the amount equal to three percent (3 %) of the combined parking required for the dwelling units shall be provided to accommodate guest parking_ All parking spaces shall be a minimum of nine feet (9') wide. No tandem parking shall be permitted. 19. Development Parcels "4" and "5 ", as generally identified on Exhibit "C ", shall be developed in accordance with the following development standards. DEVELOPMENT PARCELS "4" and "5 ": The Following Development Standards shall apply to all development on portions of the Property, which are identified as Development Parcels "4 and 5" on the Master Plan attached hereto as Exhibit "C ". 1. PERMITTED USES: The following principal uses are permitted: Business Park uses, which is herein defined as a use intended to accomodate, in a park -like setting, a limited group of office, office- warehouse, research & development, technical schools, light manufacturing & assembly conducted wholly within a building, the sale of goods produced or assembled on site, and limited commercial support services, such as daycare centers and health clubs. 2. PROHIBITED USES: The following uses are prohibited: cell telephone towers or other towers in excess of thirty (30') feet, mini - warehouses, flea markets, sexually oriented businesses, portable buildings sales except as incidental to other retail sales, amusement parks or camivals, wholesale nurseries, recreational vehicle parks, outdoor shooting ranges, pawn shops, heavy equipment sales, kennels (but not prohibiting pet shops and veterinary clinics with overnight facilities), vehicle sales, auto body and paint shops and truck stops. 3. ACCESS Access to Development Parcels 4 and 5 shall be from a thirty -foot (30') wide public street to be constructed within a fifty -foot (50') right of way. Parking on this street shall be prohibited. 4. PROHIBITED BUILDING MATERIALS: 20. The following materials are prohibited on the exterior walls of all buildings and structures (this section does not apply to roofs): 5.4 Loading areas: 5.5 Trash Storage Sheet metal, corrugated metal, and unfinished Aluminum Asbestos Galvanized Steel Mirrored Glass (reflectivity of 20% or more) 5. SERVICE & LOADING AREAS: 5.1 Screening Required: No dock high loading area is permitted unless such area is visually screened from public streets. 5.2 Delivery Vehicles: All delivery and utility vehicles stored on -site must be inside a closed building or within a screened portion of the site. 5.3 Service Areas: Service areas will be screened from all public streets. Methods of screening include walled entrances, evergreen landscaping, and depressed service areas. Screening walls must be constructed of the same materials as the main building. All loading and service areas must be clearly signed. Loading spaces must be clearly denoted on the pavement and designed so as not to prohibit on -site vehicular circulation when occupied. Loading spaces will be located directly in front of a loading door. Loading areas must be designed to accommodate backing and maneuvering on -site, not from a public street. Regardless of orientation, loading doors may not be located closer that fifty feet (50') from a public or private right -of -way. Refuse storage enclosures are required for all buildings. Enclosures must be of sufficient height to completely screen all refuse containers, so as to provide screening of views from public streets. All enclosures must be constructed of permanent materials (concrete, masonry, wood, etc.) which are compatible with the building it serves. Refuse storage areas must be designed to contain all refuse generated on -site between collections. 5.6 Street Level Mechanical Equipment: 21. All ground- mounted service equipment (e.g., air conditioners, transformers, trash collection equipment) related to each building will be consolidated in an enclosed service area. Landscaping will be used to soften the visual appearance of the walls enclosing the service area. Service areas must be paved, curbed, and internally drained. 5.7 Roof Mounted Mechanical Equipment: All roof mounted mechanical elements, including antennae, must be screened from view from the public right -of -way. Screening must be compatible with the building design. 6. LANDSCAPING: 6.1 Landscape easement adjacent to public streets: A twenty-five foot (25') wide landscape easement shall be provided adjacent to the public roadway generally identified on Exhibit "C ". All areas located within these Landscape Easements shall be used solely for the purpose of landscaping, except for sidewalks, driveways, lighting, monument signs, irrigation, entry features, underground utilities, meters, utility structures and equipment required to provide utilities to the Property. This shall be credited against the street yard landscape requirements in the Code. 6.2 Boulevard Trees: Boulevard trees shall be planted within the landscape easement adjacent to the street. Boulevard trees shall be planted thirty feet (30') apart. Boulevard trees shall have a minimum caliper size of 2.5- inches and be selected from one of the following species; Live Oak, Bur Oak, Shumard Oak, Cedar Elm, Bradford Pear, Pecan or Chinkapin Oak. Boulevard trees shall be planted prior to the issuance of a Certificate of Occupancy for each development parcel. 6.3 Open Space: All parcels for which a building permit and a Certificate of Occupancy have been issued and which do not contain buildings, structures, parking lots, sidewalks, fountains, site furniture or other improvements, including, but not limited to, front, side and rear building set back areas, and all areas between the curb line and the property line, must be planted, landscaped, and maintained in good condition. The landscape planting must provide for easy maintenance. Utility easements will be landscaped consistent with other landscape areas where allowed by the respective utility company. 6.4 Rights of Way: Areas within the road right -of -way must be landscaped only in accordance with a license agreement with the City. 22. 6.5 Grass: All landscaped areas not in groundcover or shrub beds will be sodded. Overseeding in fall with cool season native grasses is allowed. 6.6 Irrigation: An underground, automatic irrigation system must be installed in all landscaped areas. Sprinkler heads must be located to effectively water the landscaped areas with minimal spray onto roadways, parking areas and walkways. 7. UTILITY LINES: All utility service lines must be underground to connection points provided by the utility service provider. All transformers must be screened. 8. DESIGN STANDARDS: 8.1 Height: The maximum height of buildings, including towers, on the property shall be two (2) stories or thirty feet (30'). 8.2 Building Setbacks: 8.1.1 Minimum building setbacks from public streets shall be twenty five feet (25'). 8.1.2 Minimum building setbacks from all internal property lines shall be twenty feet (20'). 8.3 Phased Development: 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. 9.0 PARKING LOT LIGHTING All fixtures shall be shielded or hooded so that light is directed downward to minimize execessive glare and sky glow pollution. Light Standards shall be metal poles. 23. 3. OUTDOOR SALES & DISPLAYS DEVELOPMENT PARCELS "6 and 7" COMMERCL4L DEVELOPMENT PARCELS The Following Development Standards shall apply to all development on portions of the Property, which are identified as Development Parcels "6 and 7" on the Master Plan attached hereto as Exhibit "C ". 1. PERMITTED USES: The following principal uses are permitted: All C -1 General Commercial uses identified in the City of Round Rock Zoning Ordinance except for uses listed in Paragraph 2, below. 2. PROHIBITED USES: The following uses are prohibited on the property: cell towers and other towers over thirty (30') feet in height, mini- warehouses, flea markets, sexually oriented businesses, portable buildings sales except as incidental to other retail sales, amusement parks or carnivals, wholesale nurseries, recreational vehicle parks, outdoor shooting ranges, pawn shops, heavy equipment sales, kennels (but not prohibiting pet shops and veterinary clinics with overnight facilities), vehicle sales, auto body and paint shops and truck stops. Outdoor sales and displays are permitted in conjunction with the use of a building only in areas designated on the site plan filed with the City for such building. Outdoor sales and displays are further limited to outdoor cafes and outdoor dining areas that: (i) are located and operated as an integral part of the principal use, and (ii) do not comprise a separate business use or a separate business activity. Parking requirements contained in the Code will apply to all outdoor cafes and dining areas in the same manner that such requirements apply to enclosed buildings. 4. PROHIBITED BUILDING MATERIALS: The following materials are prohibited on the exterior walls of all buildings and structures (this section does not apply to roofs): Sheet metal, corrugated metal, and unfinished Aluminum Asbestos 24. 5.4 Loading areas: 5.5 Trash Storage Galvanized Steel Mirrored Glass (reflectivity of 20% or more) 5. SERVICE & LOADING AREAS: 5.1 Screening Required: No dock high loading area is permitted unless such area is visually screened from public view. 5.2 Delivery Vehicles: All delivery and utility vehicles stored on -site must be inside a closed building or within a screened portion of the site. 5.3 Service Areas: Service areas will be screened from adjacent tracts and all public rights -of —way. Methods of screening include walled entrances, evergreen landscaping, and depressed service areas. All loading and service areas must be clearly signed. Loading spaces must be clearly denoted on the pavement and designed so as not to prohibit on -site vehicular circulation when occupied. Loading spaces will be located directly in front of a loading door. Loading areas must be designed to accommodate backing and maneuvering on -site, not from a public street. Regardless of orientation, loading doors may not be located closer than fifty feet (50') from a public or private right -of -way. Refuse storage enclosures are required for all buildings. Enclosures must be of sufficient height to completely screen all refuse containers, so as to provide screening of views from adjacent lots and public rights -of -way. All enclosures must be constructed of permanent materials (concrete, masonry, wood, etc.) which are compatible with the building it serves. Refuse storage areas must be designed to contain all refuse generated on -site between collections. 5.6 Street Level Mechanical Equipment: All ground - mounted service equipment (e.g., air conditioners, transformers, trash collection equipment) related to each building will be consolidated in an enclosed service area. 25. Landscaping will be used to soften the visual appearance of the walls enclosing the service area. Service areas must be paved, curbed, and intemally drained. 5.7 Roof Mounted Mechanical Equipment: All roof mounted mechanical elements must be screened from view from the public right -of- way and Development Parcels 1, 2 and 3. Screening must be compatible with the building design. 6. LANDSCAPING: 6.1 Landscape Easement: 6.1.1 Easement adjacent to public streets: A thirty-five foot (35') wide landscape easement shall be provided adjacent to Warner Ranch Road as generally identified on Exhibit "C ". All areas located within these Landscape Easements shall be used solely for the purpose of landscaping, except for sidewalks, driveways, lighting, monument signs, irrigation, entry features, underground utilities, meters, utility structures and equipment required to provide utilities to the Property. This will be credited against Street Yard Landscape requirements. 6.1.2 Easement adjacent to Louis Henna Boulevard: The one hundred fifty foot (150') right of way dedication for State Highway 45 shall permit a landscape and irrigation easement which would allow the Owner the right, but not the obligation, to landscape and maintain landscaping within the dedicated right of way, until such time as the property is actually required for highway construction. A license agreement covering the terms of the easement shall be required prior to the Owner landscaping any portion of the right of way. This easement shall be provided at no cost to the Owner. 6.1.3 Easement adjacent to Jazz Street: A twenty -five foot (25') landscape easement shall be provided adjacent to Jazz Street as generally identified on Exhibit "C ", attached hereto. All areas located within these Landscape Easements shall be used solely for the purpose of landscaping, except for sidewalks, driveways, lighting, monument signs, irrigation, entry features, underground utilities, meters, utility structures and equipment required to provide utilities to the Property. This will be credited against Street Yard Landscape requirements. 6.2 Boulevard Trees: Boulevard trees shall be planted within the landscape easement adjacent toWarner Ranch Road. The boulevard trees shall be planted prior to the issuance of a Certificate of Occupancy for the first multi - family building on development parcels 1, 2 or 3. This requirement includes Boulevard trees along the entire Warner Ranch Road frontage of the development parcel for which the Certificate of Occupancy is issued. If development parcels 26. 6 or 7 are developed prior to development parcels 1, 2 or 3, the required Boulevard Trees adjacent to that development parcel shall be constructed as part of that development. Boulevard trees shall be planted thirty feet (30') apart. Boulevard trees shall have a minimum caliper size of 2.5- inches and be selected from one of the following species; Live Oak, Bur Oak, Shumard Oak, Cedar Elm, Bradford Pear, Pecan or Chinkapin Oak. 6.3 Open Space: All parcels for which a building permit and a Certificate of Occupancy have been issued and which do not contain buildings, structures, parking lots, sidewalks, fountains, site furniture or other improvements, including, but not limited to, front, side and rear building set back areas, and all areas between the curb line and the property line, must be planted, landscaped, and maintained in good condition. The landscape planting must provide for easy maintenance. Utility easements will be landscaped consistent with other landscape areas where allowed by the respective utility company. 6.4 Rights of Way: Areas within the road right -of -way must be landscaped and irrigated only in accordance with a license agreement with the City. 6.5 Grass: All landscaped areas not in groundcover or shrub beds will be planted in grasses, preferably sod. Overseeding in fall with cool season native grasses is allowed. 6.6 Irrigation: An underground, automatic irrigation system must be installed in all landscaped areas. Sprinkler heads must be located to effectively water the landscaped areas with minimal spray onto roadways, parking areas and walkways. 6.7 Parking Areas: In all vehicular use areas and parking areas, a minimum of ninety (90) square feet for each twelve (12) parking spaces must be devoted to landscaped strips, islands, peninsulas, medians, or other landscaped areas (the "Minimum Parking Area Landscaping Requirement "). As partial fulfillment of the Minimum Parking Area Landscaping Requirement, any parking area containing five or more parking rows of double vehicle depth will include a landscaped strip no less than ten feet (10') wide at least every fourth parking row of double vehicle depth. The landscaped strip will be installed with trees planted no less 27. than every sixty (60) linear feet. This shall be credited against Street Yard Landscape requirements and other applicable landscape requirements. 7. UTILITY LINES: All utility service lines must be underground to connection points provided by the utility service provider. All transformers must be screened. 8. DESIGN STANDARDS: 8.1 Height: The maximum height of buildings on the property shall be sixty feet (60') (as specified in the C -1 General Commercial Zoning District). 8.2 Building Setbacks: 8.2.1 Minimum building setbacks from the Warner Ranch Road identified on Exhibit "C" shall be Thirty-five (35') feet. 8.2.2 Minimum building setbacks from any other public streets shall be twenty -five feet (25'). 8.2.3 Minimum building setbacks from all internal property lines shall be twenty feet (20'). 8.3 Phased Development: 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. 9. SPECIAL PROVISIONS FOR JAZZ STREET Trucks larger than one ton shall be prohibited from using the Jazz Street driveway to Parcel 7, identified on Exhibit "C ", attached hereto. 10. PARKING LOT LIGHTING All light fixtures shall be shielded or hooded so that light is directed downward to minimize excessive glare and sky glow pollution. Light standards shall be metal poles. 28. 1. DEVELOPMENT STANDARDS: Development Parcel "8 ", as generally identified on Exhibit "C ", shall be developed for public or private recreational uses and open space. Development standards shall be those standards contained in the OS (Open Space) Zoning District. 2. LANDSCAPE EASEMENT: An additional thirty -five foot (35') wide landscape easement shall be provided adjacent to the Collector Street. This will result in a total landscape easement of seventy feet (70'). A twenty -five foot (25') wide landscape easement shall be provided along the southern boundary of Parcel 7 for the purpose of providing additional screening of commercial uses on Parcel 7 from park uses on Parcel 8. 3. BOULEVARD TREES: DEVELOPMENT PARCEL "8" PARICPARCEL Boulevard trees shall be planted within the landscape easement adjacent toWarner Ranch Road. Boulevard trees shall be planted thirty feet (30') apart. Boulevard trees shall have a minimum caliper size of 2.5- inches and be selected from one of the following species; Live Oak, Bur Oak, Shumard Oak, Cedar Elm, Bradford Pear, Pecan or Chinkapin Oak. Boulevard trees shall be planted prior to the first Certificate of Occupancy for multi family development on development parcels 1, 2 or 3. 29. 1. DEVELOPMENT STANDARDS: 2. LANDSCAPE EASEMENT: 3. BOULEVARD TREES: DEVELOPMENT PARCEL "9" SINGLE FAMILY RESIDENTIAL PARCEL Development Parcel "9 ", as generally identified on Exhibit "C ", shall be developed for Single family Residential uses as permitted in the City of Round Rock SF -2 Zoning District. Development standards for this development shall be those contained in the SF -2 Zoning District. A twenty (20') foot wide landscape easement shall be provided between the single - family residential lots and the Warner Ranch Road identified on Exhibit "C ". All areas located within the landscape easements shall be used solely for the purpose of landscaping, except for sidewalks, driveways, lighting, irrigation, underground utilities, meters, utility structures and equipment required to provide utilities to the Property. Boulevard trees shall be planted within the landscape easement adjacent to the Collector Street. Boulevard trees shall be planted thirty feet (30') apart. Boulevard trees shall have a minimum caliper size of 2.5- inches and be selected from one of the following species; Live Oak, Bur Oak, Shumard Oak, Cedar Elm or Bradford Pear. Boulevard trees shall be planted prior to the issuance of the first building permit for single family development. 4. MINIMUM HOME AND LOT SIZE: The minimum home size exclusive of garages shall be 1,400 square feet. The minimum lot size shall be 6,500 sq. ft. 5. PROTECTION OF EXISTING TREES: The existing trees located along the common boundary between Parcel 9 and the Remington Heights Subdivision shall be protected during the platting and construction of the subdivision of Parcel 9. A tree survey shall be submitted with the final subdivision plat. 30. Br): 4jF THEME IDENTIFICATION/ ENTRY SIGNAGE AT MAJOR ENTRY EXHIBIT "E" Aar - Wit: ow— .45( LOUIS HENNA R.O.W. EXHIBIT "E" 1 Date: August 6, 1999 Subject: City Council Meeting - August 12,1999 Item: 9.B.6. Consider an ordinance to adopt original zoning of District PUD #42 (Planned Unit Development) on 139.833 acres of land. (Hanover Tract Warner Ranch). (First Reading) A public hearing was held by the Planning and Zoning Commission on July 28,1999, recommending Planned Unit Development for a mixed -use development consisting of the following land uses: single family, multi- family, parkland, commercial and business park use. The proposed land uses conform to the General Plan. Staff Resource Person: Joe Vining, Planning Director. Warner Ranch Original Zoning PUD # 42 THE STATE OF TEXAS COUNTY OF WILLIAMSON Z:\ egal \Warner Ranch fka Round Rockdeedparkdoc SPECIAL WARRANTY DEED (Park Property) § § 1 20 00000192 4 POs VILLAGES AT WARNER RANCH PUD, LP, a Delaware limited partnership (hereinafter referred to as "Grantor"), for and in consideration of the sum of TEN AND NO /100 DOLLARS ($10.00) and other good and valuable consideration to the undersigned in hand paid by VILLAGES AT WARNER RANCH OWNERS ASSOCIATION, INC. (hereinafter referred to as "Grantee "), whose address is c/o The Hanover Company, 5847 San Felipe, Suite 3600, Houston, Texas 77057, the receipt and sufficiency of which is hereby acknowledged, has DEDICATED, GRANTED, SOLD and CONVEYED, and by these presents does DEDICATE, GRANT, SELL and CONVEY, unto the Grantee, the tract or parcel of land more particularly described in Exhibit A attached hereto and by this reference made a part hereof, together with all of Grantor's rights, titles and interests in and to any and all appurtenances benefiting and appertaining thereto (collectively, the "Property"), for private park purposes. The Property is conveyed by Grantor to Grantee for use as a private park pursuant to and as contemplated by Agreement and Development Plan for Warner Ranch Planned Unit Development No. 42 as recorded under Document No. 199976018 of the Official Public Records of Williamson County, Texas, and is subject and subordinate to all matters of record, to the extent and only to the extent that the same affect or relate to the Property (herein called the "Permitted Encumbrances "). TO HAVE AND TO HOLD the Property, subject to the Permitted Encumbrances, as aforesaid, unto Grantee, its successors and assigns, forever. Grantor does hereby bind itself, its successors and assigns, subject as aforesaid, to Warrant and Forever Defend all and singular the Property unto the Grantee, its successors and assigns, against every person whomsoever, lawfully claiming or to claim the same, or any part thereof by, through or under Grantor, but not otherwise. Grantor hereby reserves for the benefit of itself and its successors and assigns a non - exclusive perpetual easement and right -of -way over, upon, under and across the Property for access, ingress and egress for pedestrian and vehicular right-of-way and for using, constructing, maintaining, repairing and/or replacing any future aboveground or underground utilities for the benefit of other lands presently owned by Grantor. The foregoing reservation shall be a covenant running with the land and shall be appurtenant to all lands and facilities of Grantor, its successors and assigns, that are served by or which benefit from any such easements. EXCEPT FOR THE WARRANTIES OF TITLE EXPRESSLY PROVIDED HEREIN, GRANTOR HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE WHATSOEVER (INCLUDING WARRANTIES OF HABITABILITY, MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE), WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES WITH RESPECT TO THE PROPERTY, THE SOIL CONDITIONS OR THE SUITABILITY OF THE PROPERTY FOR GRANTEE'S INTENDED USE THEREOF AND GRANTEE, 13Y ITS ACCEPTANCE HEREOF, ACKNOWLEDGES THAT GRANTEE IS PURCHASING THE PROPERTY "AS IS ", "WHERE IS" AND "WITH ALL FAULTS ". THE STATE OF TEXAS COUNTY OF HARRIS [SEAL] EXECUTED on this the ,7R L day of December, 1999. �l ✓llll ✓lliClliLlllip SHIRLEY BANKS ROBINSON NOTARY PUBLIC, STATE OF TEXAS ,, MY COMMISSION EXPIRES MARCH 16, 2003 l 'A"dLLO� ✓ll! ✓llllll After Recording Return to: Joanne Land, Assistant City Manager City of Round Rock 221 East Main Street Round Rock, Texas 78664 Z:\Legal \warner Ranch &a Round Rock\deedpadc.doc § VILLAGES AT WARNER RANCH PUD, LP By: THC /Southwest Division Limited Partnership, its general partner By: Hanover G.P. LLC, its general partner By: This instrument was acknowledged before me on the oi1/t day of December, 1999, by John H. Nash, President of Hanover G.P. LLC, a Texas limited liability company and general partner of THC/Southwest Division Limited Partnership, a Delaware limited partnership, on behalf of said partnership as the general partner of Villages at Warner Ranch PUD, LP, a Delaware limited partnership, as the act and deed of said company and partnerships. 2 H ohn H. Nash, President NS. Public in the S ATE OF TEXAS EXHIBIT DESCRIPTION FIELD NOTES FOR 3.377 ACRES OF LAND SITUATED IN THE MEMUCAN HUNT SURVEY, ABSTRACT NO. 314, WILLIAMSON COUNTY, TEXAS, BEING OUT OF THOSE CERTAIN TRACTS ONE AND TWO DESCRIBED IN DEED FROM BILLY WRAY GLENN et al, TO ROUND ROCK INDUSTRIAL PARK, RECORDED FEBRUARY 29, 1984 IN VOLUME 980, PAGE 925, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING OUT OF THAT CERTAIN TRACT OF LAND DESCRIBED IN DEED FROM MILBURN INVESTMENTS, INC. TO ROUND ROCK INDUSTRIAL PARK, RECORDED JANUARY 2, 1996 IN DOCUMENT NO. 9600209, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 3.377 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2 inch iron rod with cap set in the easterly right of way line of Jazz Street (70' right of way width), as dedicated by REMINGTON HEIGHTS, PHASE 1, SECTION A, according to the map or plat thereof recorded in Cabinet N, Slide 238 -240, Plat Records of Williamson County, Texas, in the south line of said Tract Two, for the southeast corner of that certain tract of land described in deed from Round Rock Industrial Park to Milburn Investments, Inc., recorded January 2, 1996 in Document No. 9600204, Official Records of Williamson County, Texas, for the northwest corner of Lot 1, Block A, of said REMINGTON HEIGHTS, PHASE 1, SECTION A, and the southwest corner of the herein described tract, from which a 1/2 inch iron rod found bears S 36 °53' E a distance of 0.27 feet; THENCE over and across said Tract Two, with the east right of way line of said Jazz Street, the east line of said Milburn tract, and the west line of the herein described tract, N 14 °09'13" W a distance of 204.23 feet to a 1/2 inch iron rod with cap set for the northwest corner of the herein described tract, from which a 1/2 inch iron rod found at the intersection of the south right of way Tine of Louis Henna Boulevard (formerly known as County Road No. 170) (right of way width vanes) with the east line Jazz Street, and the northeast comer of said Milburn tract, bears N 14°09'13" W a distance of 593.07 feet THENCE over and across said Round Rock Industrial Park tracts, with the north, east, and south lines of the herein described tract the following nine (9) courses and distances: 1) N 87 °31'49" E a distance of 588.16 feet to a 1/2 inch iron rod with cap set for the northeast corner of the herein described tract; 2) with a curve to the right having a central angle of 39 °28'50 ", a radius of 580.00 feet, an arc length of 399.66 feet, and a chord bearing and distance of S 05 °11'05" E 391.80 feet to a 1/2 inch iron rod with cap set at the point of curvature of a curve to the right; 3) with said curve to the right having a central angle of 96 ° 54'45 ", a radius of 30.00 feet, an arc length of 50.74, and a chord bearing and distance of S 63 °00'42" W 44.91 feet to a 1/2 inch iron rod with cap set at the point of tangency of said curve; 4) N 68 °31'56" W a distance of 113.36 feet to a 1/2 inch iron rod with cap set; 5) N 21 °28'04" E a distance of 130.00 feet to a 1/2 inch iron rod with cap set; 6) N 68 °31'56" W a distance of 111.06 feet to a 1/2 inch iron rod with cap set; CAI- 239 - 0210.02 Page 1 of 2 :.tea .." • 7) .. S 87 °39'50" W, passing at 50.96 feet a 3 A inch iron rod found at the base of an 18 inch tree used for a fence corner post, at the approximate northeast comer of the Socrates Darling Survey Abstract No. 876 and an interior ell corner of the said Memucan Hunt Survey Abstract No. 314, same being at the northeast corner of Lot 4, Block A, REMINGTON HEIGHTS, PHASE 1, SECTION A, according to the map or plat thereof recorded in Cabinet N, Slide 238 -240, Plat Records of Williamson County, Texas, from which a 1/2 inch iron rod found at the base of said 18 inch tree bears N 35 °50' W a distance of 1.71 feet, and continuing with the north line of said Block A, REMINGTON HEIGHTS, PHASE 1, SECTION A, a total distance of 300.65 feet to a 1/2 inch iron rod found in the north line of Lot 2, Block A of said REMINGTON HEIGHTS, PHASE 1, SECTION A, for an ell corner in the west line of said Tract One, and the southeast corner of said Round Rock Industrial Park tract; 8) continuing with said north line of said Block A, REMINGTON HEIGHTS, PHASE 1, SECTION A, S 86 °50'59" W a distance of 51.25 feet 1/2 inch iron rod found for the southeast corner of the remainder of Tract Two and the southwest corner of said Round Rock Industrial Park tract; 9) continuing with said northerly line of said Block A, REMINGTON HEIGHTS, PHASE 1, SECTION A, S 87°36'54" W a distance of 20.24 feet to the POINT OF BEGINNING, containing 3.377 acres feet of land, more or less, within these metes and bounds. Bearing Reference: The southwest line of Tract One called 141.27 acres conveyed by Billy Wray Glenn et al, to Round Rock Industrial Park in deed filed for record February 29, 1984 in Volume 980, Page 925, Official Records of Williamson County, Texas. (N 59 °4T00 "W) I hereby certify that this description was prepared from the results of a survey made on the ground under my supervision. C GHAM- . _ ' 1N 1k -4j/i // //�i :6 Re ip y y� . 1 II Land urveyor No. Dat. CAI- 239 - 0210.02 OFFICIAL PUBLIC RECORDS }Ja-rr 01-04 -2000 09:16 AN 2000000192 MILLER $15.00 NANCY E. RISTER ,COUNTY CLERK WILLIAMSON COUNTY, TEXAS Page 2 of 2 L 2.111.A" Mayor Robert A. Stluka, Jr. Mayor Pro -tern Martha A. °oyez Council Members Tom Nielson Earl M. Hairston Rick Stewart Earl Palmer Jimmy Joseph City Manager Robert L Bennett. Jr. City Attorney Stephan L Sheets CITY OF ROUND ROCK August 24, 1999 Mr. Ed Hamilton The Hanover Company 5847 San Felipe, Suite 3600 Houston, TX 77057 RE: Planned Unit Development #Z- 99- 08- 12 -9B6 Zoning (Warner Ranch PUD) Dear Mr. Hamilton: 221 East Main Street Round Rock, Texas 78664 512 -218 -5400 The Warner Ranch PUD received final City Council approval at their regular meeting on July 12,1999. A copy of the Ordinance adopting the PUD is enclosed for your records. We have also enclosed two copies of the PUD documents to be signed by the appropriate officer on behalf of Hanover R. 5. Limited Partnership. These will also require the signature of the new lienholder on Exhibit "B ". We understand that these documents will be signed as part of the closing documentation. Once you have closed on the property, please return the one signed copy of the PUD agreement and the signed Exhibit "B" to my office for recording. The City will also require a deed for the State Highway 45 right -of -way to be recorded with the PUD. This deed should specifically identify the land transferred to the City as street right -of -way to ensure that your commercial tracts continue to front onto a public street. The lienholders will need to partially release liens for both right -of -way dedications and the parkland dedication. Please call if you have any questions. Sincerely, Joanne Land Assistant City Manager/ City Secretary Fax: 512 -218 -7097 1- 800 - 735 -2989 TDD 1 -800- 735 -2988 Voice www.ci.round- rock.tx.us Mayor Robert A. Stlaka. Jr. Mayor Pro -tem Martha A. Chavez Council Members Tom Nielson Earl M. Hairston Rick Stewart Earl Palmer Jimmy Joseph City Manager Robert L Bennett, Jr. City Attorney Stephan L Sheets CITY OF ROUND ROCK November 18, 1999 Ed Hamilton Hanover Company 547 San Felipe Suite 3600 Houston, Texas 77057 Dear Mr. Hamilton: 221 East Main Street Round Rock, Texas 78664 512 -218 -5400 The Round Rock City Council approved Ordinance No. Z- 99- 08- 12 -9B6 at their regularly scheduled meeting on August 12, 1999. Enclosed is the original POD document and a recorded document for your files. If you have any questions, please call Joe Vining at 218 -5415. Sincerely, Joanne Land Assistant City Manager/ City Secretary Enclosures Fax: 512- 218 -7097 1- 800 - 735 -2989 TDD 1-800-735-2988 Voice www.ci.round- rock.tx.us