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Z-00-07-25-12A1 - 7/25/2000� a R 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 attached is a true and correct copy of Ordinance No. Z- 00- 07- 25 -12A1 which was approved and adopted by the Round Rock City Council of the City of Round Rock, Texas, at a meeting held on the 25th day of July 2000, as recorded in the minutes of the City of Round Rock in Book 43, Page 219. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 27th day of December 2000. 2001003874 38 POS ailMiatiYW ) CHRISTINE MARTINEZ, Assistant City Secretary X!\ WPDOCS \°MINANC \000725A1.WpNlcdc ORDINANCE NO. Z-00-47'25- laA1 AN ORDINANCE AMENDING ORDINANCE NO. Z- 95- 12- 21 -10A, ADOPTED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS, ON DECEMBER 21, 1995, BY AMENDING THE AGREEMENT AND DEVELOPMENT PLAN OF PUD NO. 23, APPROVED BY THE CITY COUNCIL IN SAID ORDINANCE, PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. WHEREAS, on December 21, 1995, the City Council of the City of Round Rock, Texas, adopted Ordinance No. Z - 95 - 12 - 21 - 10A, which established PUD No. 23, and WHEREAS, an application has been made to the City Council of the City of Round Rock, Texas to amend the Agreement and Development of PUD No. 23, and WHEREAS, the Planning and Zoning Commission held a public hearing concerning the requested amendment to Ordinance No. Z- 95 -12- 21 on the 5th day of July, 2000, following lawful publication of said public hearing, and WHEREAS, after considering the public testimony received at such hearing, the Planning and Zoning Commission has recommended that Ordinance No. Z - 95 - 12 - 21 - 10A be amended, and WHEREAS, on the 25th day of July, 2000, after proper notification, the City Council held a public hearing on the requested amendment to Ordinance No. Z- 95- 12- 21 -10A, and WHEREAS, the City Council determined that the requested amendment to Ordinance No. Z - 95 - 12 - 21 - 10A promotes the health, safety, morals and 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 hereby determines that the proposed amendment to Planned Unit Development (PUD) District #23 meets the following goals and objectives: (1) The amendment to P.U.D. #23 is equal to or superior to development that would occur under the standard ordinance requirements. (2) The amendment to P.U.D. #23 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) The amendment to P.U.D. #23 does not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or 2. any other matters affecting the public health, safety and general welfare. II. That the Agreement and Development Plan of PUD No. 23, as approved in Ordinance No. Z- 95- 12- 21 -10A, is hereby deleted in its entirety, and replaced with a Agreement and Development Plan, attached hereto and incorporated herein. II. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. 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 a5 - day 2000. Alternative 2. READ and APPROVED on first reading this the , 2000. 3. day of READ, APPROVED and ADOPTED on second reading this the day of , 2000. ATTEST: 01/. /I oi E LAND, City Secretary 4. ■IrrAcie/._ R I T A. LUKA / Jr. , Mayor City of Round Rock, Texas TIE STATE OF TEXAS COUNTY OF WILLIAMSON AMENDED AGREEMENT AND DEVELOPMENT PLAN FOR MAYFIELD RANCH PUD NO. 23 THIS AMENDMENT to Agreement and Development Plan is made and entered by and between the City of Round Rock, Texas, a Texas municipal corporation, having its offices at 221 East Main Street, Round Rock, Texas 78664 (hereinafter referred to as the "City "); Tom E. Nelson, Jr. Trustee No.1 and Tom E. Nelson, Jr., having their offices at 3404 Glenview, Austin, Texas 78703; Continental Homes of Texas, L. P., a Texas limited partnership, having its office at 4515 Seton Center Parkway, Austin, Texas 78759; and the Estate of Perry O. Mayfield, whose mailing address is c/o Patricia B. Green, Executor, 4107 Medical Parkway, Suite 102, Austin, Texas 78756, (hereinafter collectively referred to as the "Owner "), and their respective successors and assigns. WHEREAS, the Owner previously submitted an Agreement and Development Plan for Mayfield Ranch ( "PUD Agreement ") to the City to zone 375.28 acres of land as a Planned Unit Development ( "PUD "), said PUD zoning having been approved by the City Council of the City of Round Rock by Ordinance No. Z- 95- 12- 21 -10A dated December 21, 1995, said Ordinance having been recorded in Clerk's Document No. 9601043, Official Records of Williamson County, Texas; WHEREAS, the Owner desires to amend the PUD Agreement to more accurately state the intended development of the property, said property being more particularly described by metes and bounds in Exhibit "A" attached hereto and incorporated herein (hereinafter referred to as the "Property "); WHEREAS, on July 5 2000, the Planning and Zoning Commission recommended approval of the Owner's application for the amendment to the PUD Agreement; and WHEREAS, pursuant to Chapter 11, Section 11.316(8), Code of Ordinances (1995 Edition), City of Round Rock, Texas, the Owner has submitted a Development Plan, attached hereto and incorporated herein as a part of this Agreement, said Development Plan stating in detail all development conditions and requirements within the PUD, NOW THEREFORE BY THIS AGREEMENT WITNESSETH that, in consideration of the covenants and conditions set forth hereiU.,..the City and the Owner agree as follows: I. GENERAL PROVISIONS 1. CONFORMITY TO DEVELOPMENT PLAN z ImmmmswA FIawrww. That all uses and development within the Property shall conform to the Development Plan included in Section II herein. 2. CHANGES AND MODIFICATIONS That no changes or modifications will be made to this Agreement unless all provisions pertaining to changes or modifications as stated in Section II.14, below, are followed. 3. ZONING VIOLATION That the Owner understands that any person, firm, corporation or other entity violating any conditions or terms of the Development Plan shall be subject to any and all penalties for the violation of any zoning ordinance as stated in Section 1.601, Code of Ordinances, (1995 Edition), City of Round Rock, Texas, as amended. 4. LIENHOLDER CONSENT That the owners hereby state there are no lienholders for the property. An owners Affidavit is attached hereto and incorporated as Exhibit "B ". 5. MISCELLANEOUS PROVISIONS 5.1 Assignment. Neither party may assign its rights and obligations pertaining to Living Unit Equivalents, water usage and land use under this Agreement without having first obtained the prior written consent of the other which consent shall not be unreasonably withheld. This section does not prevent the Owner from conveying the property, or any portion thereof, together with all development rights and obligations contained in this Agreement and Development Plan. 5.2 Necessary Documents and Actions. Each party agrees to execute and deliver all such other and further instruments and undertake such actions as are or may become necessary or convenient to effectuate the purposes and intent of this Agreement. 5.3 Severability. In case any one or more provisions contained herein are deemed invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof and in such event, this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 2. 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 Beneficiaries. Nothing in this Agreement, express or implied, is intended to confer upon any person or entity, other than the parties hereto, any rights, benefits, or remedies under or by reason of this Agreement. 5.8 Duplicate Originals. This Agreement may be executed in duplicate originals each of equal dignity. 5.9 Notices. Until changed by written notice thereof any notice required under this Agreement may be given to the respective parties by certified mail, postage prepaid or by hand - delivery to the address of the other party shown below: OWNER ROUND ROCK Tom E. Nelson, Jr. 3404 Glenview Austin, Texas 78703 Tom E. Nelson, Jr. Trustee No. 1 c/o Tom E. Nelson, Jr. 3404 Glenview Austin, Texas 78703 Estate of Perry O. Mayfield c/o Patricia B. Green, Executor 3. City of Round Rock, Texas 221 East Main Street Round Rock, Texas 78664 Attn: Director of Planning 1. DEFINITIONS 2. PROPERTY 4107 Medical Parkway, Suite 102 Austin, Texas 78756 Continental Homes of Texas, L. P. Attn: Terry E. Mitchell 4515 Seton Center Parkway, #200 Austin, Texas 78759 5.10 Effective Date. This Agreement shall be effective from and after the date of due execution hereof by all parties. II. DEVELOPMENT PLAN Words and terms used herein shall have their usual force and meaning, or as defined in the Code of Ordinances (1990 Edition), City of Round Rock, Texas, hereinafter referred to as "the Code ". This Development Plan ( "Plan ") covers 375.28 acres of land, consisting of four separately defined parcels, located within the city limits of Round Rock, Texas, and more particularly described by metes and bounds in Exhibit "A ", attached hereto and incorporated herein. 3. PURPOSE The purpose of this Plan is to insure a Planned Unit Development ( "PUD ") that 1) is equal to or superior to development that would occur under the standard ordinance requirements, 2) is in harmony with the General Plan, 3) does not have an undue adverse affect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and welfare, 4) is adequately provisioned by essential public facilities and services, and 5) will be developed and maintained so as to not dominate, by scale and massing of structures, the immediate neighboring properties or interfere with their development or use in accordance with any existing zoning district. 4. APPLICABILITY OF CITY ORDINANCES 4.1 Zoning and Subdivision Ordinances The Property shall be regulated for purposes of zoning and subdivision by this Plan. All aspects not 4. specifically covered by this Plan shall be regulated by applicable sections in the Code. 4.2 Other Ordinances 5. PERMITTED USES All other Ordinances within the Code shall apply to the Property, except where clearly modified by this Plan. The property listed below shall be used and developed as follows and shall conform to all requirements as set forth in this Agreement and Plan and, if not set forth herein, by applicable sections in the Code: 5.1 Single Family Residential 5.2 Business Park 6. LOT SIZES 7. BUILDINGS Parcels One (1), Two (2), and Three (3), more particularly described in Exhibit "C ", attached hereto and incorporated herein, shall be used and developed for standard Single Family Residential (SF -2) uses, except as modified in accordance with the development standards set forth in Exhibit "D ", attached hereto and incorporated herein. Parcel Four (4), more particularly described in Exhibit "C ", shall be used for General Industrial (I -1), except as modified as Business Park uses in accordance with the development standards set forth in Exhibit "E ", attached hereto and incorporated herein. The minimum lot size and dimensions shall be regulated by the development standards set forth in Exhibits "D" and "E ", attached hereto. However, all Single Family developed areas may not exceed an average of four (4) units per developable acre. Building height and setbacks shall be regulated by the development standards set forth in Exhibits "D" and "E ", attached hereto. 8. LANDSCAPING and BUFFERING; PARKLAND DEDICATION 8.1 Landscaping and Buffering Landscaping and buffering shall be regulated by the development standards set forth in Exhibits "D" and "E ", attached hereto. 5. 8.2 Parkland Dedication Dedication of parkland or payment of fees in lieu thereof shall be made to the City by the Owner with the final plat application of any single family residential property within the PUD. Such dedication will be in accordance with §8.615 of the City of Round Rock Subdivision Code and, in the case of Parcel 1, will include property for connection to the previously dedicated Open Space Lot 100, Block C, included in the subdivision plat of the Preserve at Stone Oak, Phase One, Section Four, a subdivision recorded in Cabinet S, Slides 7, 8 and 9 of the Plat Records of Williamson County, Texas. 9. PARKING AND LOADING Parking and loading shall be as provided in accordance with the development standards set forth in Exhibit "E ", attached hereto. 10. UTILITIES All utilities, other than existing overhead perimeter lines and lines which are three phase or larger shall be installed underground. 11. SIGN STANDARDS Sign Standards shall be as provided in accordance with the development standards set forth in Exhibit "E ", attached hereto. 12. FUTURE FIRE STATION LOCATION Parcel "X ", more particularly described in Exhibit "G ", attached hereto, shall be used and developed by the City for a future fire station location, pursuant to the City's schedule. The fire station site shall be dedicated by the Owner to the City at the time of recordation of the first plat for any property within this PUD. 6. 13 STREETS 13.1 Arterial H PUD 23 is bounded on the north by proposed Arterial H which is planned in the Transportation Master Plan to have a right of way of 100 ft. The owner of Parcel 1 shall dedicate 50 ft. of right -of -way along the proposed boundary of Arterial H by separate instrument prior to the recordation of the first final plat in Parcel 1. The owner of Parcel 1 shall provide the funding for the construction of Arterial H in an amount that totals 50% of the construction costs of Arterial H within the boundaries of the PUD prior to the recordation of each final plat. The prorated share shall be based on the percentage of roadway frontage for each final plat. No driveway access shall be permitted from any lot in Parcel 1 to Arterial H. 13.2 Secondary Access to Development In order to provide a secondary access for development within the PUD, the owner shall construct prior to the recordation of any final plat in Parcel 1 an east /west collector as generally shown in Exhibit "C" from either residential collector in the Preserve at Stone Oak Phase One /Two in a westerly direction to a. Vista Hills Blvd.; or b. FM 1431 via a north south collector as generally shown on Exhibit "C." Should the owner choose to connect the east -west collector to alternative b, both the east -west collector and the north -south collector shall be approved and constructed concurrently. No building permit within Parcel 1 shall be issued prior to the roadway construction of this secondary access system. 13.3 FM 1431 Driveway Spacing Spacing for intersecting driveways or street intersections along FM 1431 shall not be less than 400 ft. 7. 14. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN 14.1 Minor Changes Minor changes to this Agreement or Plan required by engineering or other circumstances which do not substantially change this Plan may be approved by the Director of Planning and the Director of Public Works. 14.2 Maior Chances Major changes shall be resubmitted following the same procedure required in the original PUD application. 14.3 Changes in Writing Neither this Agreement or Plan nor any provision hereof may be waived, modified, amended, discharged, or terminated except by an instrument in writing signed by the City and the current Owner. 15. PROPERTY OWNER'S ASSOCIATION 15.1 Review and Approval Before Recordation of Final Plat A Property Owner's Association shall be established at time of final platting of any Single Family Residential property located within the PUD. The Association's creation documents, including covenants and deed restrictions or amendments thereto, shall be submitted for review and approval to the Director of Planning and the City Attorney at the final plat stage. These documents shall be recorded with the final plat and shall contain all of the items listed in Exhibit "F ", attached hereto and incorporated herein, to insure incorporation of the items listed in Exhibit "F ". 15.2 Responsibilities of Association In addition to other responsibilities imposed on the Association in this Plan, the Association shall be responsible for maintaining all landscaping, irrigation systems, greenbelts, water quality ponds, and amenity areas within the plat not dedicated to the City. 15.3 Enforcement of Deed Restrictions The Property Owner's Association shall be the entity responsible for enforcing deed restrictions. Although the City reserves the right to review, approve and enforce deed restrictions as well as any amendments or modifications to the deed restrictions, it is not the intent of the City to assume responsibilities normally reserved to a Property Owner's Association. 8. 16. GENERAL PLAN AMENDED 17. BINDING EFFECT This Agreement and Plan binds and is to the benefit of the respective heirs, successors and assigns of the Owner. 18. EFFECT ON LIVING UNIT EOUIVALENTS,AND OTHER INFRASTRUCTURE By: Printed: Its: The Round Rock General Plan 2000 is hereby amended to reflect the provisions of this agreement. The zoning of the Property as a PUD does not guarantee water and wastewater plant capacity or any rights to Living Unit Equivalents, as defined by the Code of Ordinances of the City of Round Rock. CITY OF ROUND ROCK RTA.STL JR., MAYOR Date: 7 TOM E. NELSON, JR. TRUSTEE NO. 1 L /rut aZ� /Ia. L E 5 ,i TZ ¢ /Va. � TOE. 9. CONTINENTAL HOMES OF TEXAS, L. P. A Texas limited partnership BY: CHTEX of Texas, Inc., a Delaware corporation, its Sole General Partner By: Terry ' . Mi ' ell Vice ESTATE OF PERRY O. MAYFIELD By: LQJ 2 sj1 ). )(k.UA, Patricia B. Green, Executor 10. KC. ENGINEERING, INC. CONSULTING ENGINEERS AND SURVEYORS 1801 S. MOPAC SUITE 150 AUSTIN, TEXAS 78746 EXHIBIT " A " PARCEL 1 ZONING FIELD NOTES BEING ALL OF THAT CERTAIN 156.02 ACRE TRACT OR PARCEL OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212 IN WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF A REMAINDER OF A 1437.45 ACRE TRACT CONVEYED TO TOM E. NELSON, JR., TRUSTEE NO. 1, BY INSTRUMENT OF RECORD IN VOLUME 571, PAGE 446 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, A PORTION OF A 27.36 ACRE TRACT OF LAND CONVEYED TO PERRY O. MAYFIELD BY INSTRUMENT OF RECORD IN VOLUME 2027, PAGE 763 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, A PORTION OF A 9.12 ACRE TRACT CONVEYED TO TOM E. NELSON, JR., BY INSTRUMENT OF RECORD IN VOLUME 1381, PAGE 662 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, A PORTION OF A 45.60 ACRE TRACT CONVEYED TO TOM E. NELSON, JR., BY INSTRUMENT OF RECORD IN VOLUME 1294, PAGE 38 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND ALSO A PORTION OF A 9.12 ACRE TRACT OF LAND CONVEYED TO M.J. COWAN AND N.G. WHITLOW BY INSTRUMENT OF RECORD IN VOLUME 1294, PAGE 45 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2" rebar with plastic cap set for the northwest corner of said 45.60 acre tract and the southwest corner of a 345.79 acre tract conveyed to Elmer L. McLester and Larry Grisham, Trustees, by instrument of record in Volume 713, Page 413 of the Official Records of Williamson County, Texas, being in the east line of a 191.27 acre tract of land conveyed to Tom. E. Nelson, Jr., Trustee, by instrument of record in Volume 970, Page 774 of the Official Records of Williamson County, Texas; THENCE North 69 °03'37" East, with the south line of said 345.79 acre tract, a distance of 2989.00 feet to a 1/2" rebar found for the southeast corner of the 345.79 acre tract and the southwest corner of a 1601.61 acre tract conveyed to Texas Crushed Stone by instrument of record in Volume 634, Page 366 of the Official Records of Williamson County, Texas; THENCE North 69 °08'44" East, with the south line of said 1601.61 acre tract, a distance of 3109.87 feet to a 1/2" rebar found for an angle corner in the south line of the 1601.16 acre tract, 1 of 3 PHONE: (512) 306 -8585 FAX : (512) 330 -0737 EMAIL anfo@kcengineering.com in the west line of a 2023.28 acre tract conveyed to Texas Crushed Stone by instrument of record in Volume 880, Page 638 of the Official Records of Williamson County, Texas; THENCE, with the west line of said 2023.28 acre tract, the following two (2) courses: 1. South 20 °31'39" East a distance of 1211.88 feet to a 1/2" rebar found; 2. South 69 °54'24" West a distance of 1000.98 feet to a 1/2" rebar found for the northeast corner of a remainder of a 125.00 acre tract conveyed to Tom E. Nelson, Ir., Trustee No. 1, by instrument of record in Document No. 9708857 of the Official Records of Williamson County, Texas; THENCE, with the north line of the remainder of said 125.00 acre tract, the following two (2) courses: 1. South 70 °30'34" West a distance of 319.07 feet to a 1 /2" rebar with plastic cap found; 2. South 43 °01'08" West a distance of 95.76 feet to a 1/2" rebar with plastic cap found for the point of curvature of a curve to the left; THENCE with the north lines of the 125.00 acre tract and a 110.562 acre tract of land conveyed to Continental Homes of Austin, L.P., by instrument of record in Document No. 9843688 of the Official Records of Williamson County, Texas, the following four (4) courses: 1. Along said curve to the left, having a radius of 955.68 feet, a delta angle of 50 °04'45 ", an arc length of 835.31 feet and a chord which bears, North 76 °23'43" West a distance of 808.97 feet to a 1/2" rebar with plastic cap found for the point of tangency; 2. South 78°36'16" West a distance of 440.65 feet to a 1/2" rebar with plastic cap found for the point of curvature of a curve to the left; 3. Along said curve to the left, having a radius of 938.70 feet, a delta angle of 29 °39'01 ", an arc length of 485.77 feet and a chord which bears, South 63 °47'05" West a distance of 480.37 feet to a 1/2" rebar with plastic cap found; 4. South 48 °56'55" West a distance of 520.81 feet to a cotton spindle found; THENCE with the west line of the 125.00 acre tract and crossing through said 110.562 acre tract, the following four (4) courses: 1. South 45°00'19" East a distance of 57.16 feet to a 1/2" rebar with plastic cap set; 2. South 05 °50'27" East a distance of 397.42 feet to a 1/2" rebar with plastic cap set; 2 of 3 3. South 20 °10'22" East a distance of 376.66 feet to a 1/2" rebar with plastic cap found; 4. South 22 °58'45" East a distance of 48.24 feet to a 1/2" rebar with plastic cap found; THENCE South 79 °40'49" West, departing the west line of the 125.00 acre tract, along the 110.562 acre tract, and crossing through the remainder of said 1437.45 acre tract and said 27.36 acre tract, a distance of 1979.66 feet to a calculated point in the west line of the 27.36 acre tract and the east line of the 9.12 acre Nelson tract; THENCE North 21 °43'55" West, with the west line of the 27.36 acre tract and the east line of the 9.12 acre Nelson tract, a distance of 113.39 feet to a calculated point; THENCE North 04 °20'06" East, crossing through the 1437.45 acre tract and the 27.46 acre tract, a distance of 683.56 feet to a calculated point; THENCE South 88 °29'04" West, crossing through the 1437.45 acre tract, the 27.36 acre tract, the 9.12 acre Nelson tract, said 9.12 acre Cowan and Whitlow tract, and the 45.60 acre tract, a distance of 938.72 feet to a calculated point in the west line of the 45.60 acre tract and the east line of said 191.27 acre tract; THENCE, with the west line of the 45.60 acre tract and the east line of said 191.27 acre tract, the following three (3) courses: 1. North 21 °43'57" West a distance of 149.54 feet to a 1/2" rebar with plastic cap found; 2. North 18 °22'27" West a distance of 113.76 feet to a 1/2" rebar with plastic cap found; 3. North 18 °20'26" West a distance of 116.28 feet to the POINT OF BEGINNING. Description based on an on- the - ground survey made during May 2000. Bearing Basis: East Line of the remainder of a 32.675 acre tract being South 21 °01'28" East as described in deed of record in Volume 2712, Page 702 of the Deed Records of Williamson ty, Texas. L 1•t)a.&e a 27 moo Ronnie Wallace Date Registered Professional Land Surveyor State of Texas No. 5222 Job Number: 438 -22 Attachments: Survey Drawing L: \CHTEX \PASO\DWGS\ZPARCELLDWG File: L :ICHTEX\PASOIFNOTES\ZPARCELI.FN 3 of 3 1986 K.C. ENGINEERING, INC. CONSULTING ENGINEERS AND SURVEYORS 18015. MOPAC SUITE 150 AUSTIN, TEXAS 78746 EXHIBIT " A " PARCEL 2 ZONING FIELD NOTES BEING ALL OF THAT CERTAIN 30.70 ACRE TRACT OR PARCEL OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212 IN WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF A REMAINDER OF A 1437.45 ACRE TRACT CONVEYED TO TOM E. NELSON, JR., TRUSTEE NO. 1, BY INSTRUMENT OF RECORD IN VOLUME 571, PAGE 446 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, A PORTION OF A 27.36 ACRE TRACT OF LAND CONVEYED TO PERRY O. MAYFIELD BY INSTRUMENT OF RECORD IN VOLUME 2027, PAGE 763 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, A PORTION OF A 9.12 ACRE TRACT CONVEYED TO TOM E. NELSON, JR., BY INSTRUMENT OF RECORD IN VOLUME 1381, PAGE 662 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, A PORTION OF A 45.60 ACRE TRACT CONVEYED TO TOM E. NELSON, JR., BY INSTRUMENT OF RECORD IN VOLUME 1294, PAGE 38 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND ALSO A PORTION OF A 9.12 ACRE TRACT OF LAND CONVEYED TO M.J. COWAN AND N.G. WHITLOW BY INSTRUMENT OF RECORD IN VOLUME 1294, PAGE 45 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a point in the west line of said 45.60 acre tract being in the east line of a 191.27 acre tract of land conveyed to Tom E. Nelson, Jr., Trustee, by instrument of record in Volume 970, Page 774 of the Official Records of Williamson County, Texas, from which the northwest corner of the 45.60 acre tract bears, North 21 °43'57" West a distance of 149.54 feet, North 18 °22'27" West a distance of 113.76 feet, and North 18 °20'26" West a distance of 116.28 feet; THENCE North 88 °29'04" East, crossing through the 45.60 acre tract, said 9.12 acre Cowan and Whitlow tract, said 9.12 acre Nelson tract, said 27.36 acre tract and said 1437.45 acre tract, a distance of 938.72 feet to a calculated point; THENCE South 04 °20'06" West, crossing through the remainder of 1437.45 acre tract and the 27.36 acre tract, a distance of 683.56 feet to a calculated point in the west line of the 27.36 acre tract and the east line of the 9.12 acre Nelson tract; 1 of 2 PHONE: (512) 306 -8585 FAX : (512) 330 -0737 EMAIL :info@kcengineering.com . THENCE South 21 °43'55" East, with the west line of the 27.36 acre tract and the east line of the 9.12 acre Nelson tract, a distance of 1285.26 feet to a calculated point; THENCE South 70 °22'31" West, crossing through the 9.12 acre Nelson tract, the 9.12 acre Cowan and Whitlow tract and the 45.60 acre tract, a distance of 599.62 feet to a calculated point in the west line of the 45.60 acre tract and the east line of Vista Oaks 1A & 1B Revised a subdivision of record in Cabinet J, Slides 189 -194 of the Plat Records of Williamson County, Texas; THENCE North 20 °04'30" West, with the west line of the 45.60 acre tract and the east line of said Vista Oaks 1A & 1B Revised, a distance of 647.16 feet to a 1/2" rebar found for the common corner of Lots 14 and 15, Block E, Vista Oaks 1A & 1B Revised, and the reputed common survey corner of the John D. Anderson Survey Abstract 16 and the Washington Anderson Survey Abstract 15; THENCE North 2P43'57" West, with the west line of the 45.60 acre tract and the east line of said 191.27 acre tract, a distance of 1554.74 feet to the POINT OF BEGINNING. Description based on an on- the - ground survey made during May 2000. Bearing Basis: East Line of the remainder of a 32.675 acre tract being South 21 °01'28" East as described in deed of record in Volume 2712, Page 702 of the Deed Records of Williamson County, Texas. Ronnie Wallace Date Registered Professional Land Surveyor State of Texas No. 5222 Job Number: 438-22 Attachments: Survey Drawing L: \CHTEX \PASOIDWGS\ZPARCEL2.DWG File: L : \CHTEX\PASO\FNOTES\ZPARCEL2.FN 2 of 2 K.C. ENGINEERING, INC. CONSULTING ENGINEERS AND SURVEYORS 1801 S. MOPAC SUIT$ 150 AUSTIN, TEXAS 78746 EXHIBIT " A " PARCEL 3 ZONING FIELD NOTES PHONE: (512) 306 -8585 FAX : (512) 330 -0737 EMAIL info@kcengineering.com BEING ALL OF THAT CERTAIN 24.06 ACRE TRACT OR PARCEL OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212 IN WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF A 27.36 ACRE TRACT OF LAND CONVEYED TO PERRY O. MAYFIELD BY INSTRUMENT OF RECORD IN VOLUME 2027, PAGE 763 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, A PORTION OF A 9.12 ACRE TRACT CONVEYED TO TOM E. NELSON, JR., BY INSTRUMENT OF RECORD IN VOLUME 1381, PAGE 662 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, A PORTION OF A 45.60 ACRE TRACT CONVEYED TO TOM E. NELSON, JR., BY INSTRUMENT OF RECORD IN VOLUME 1294, PAGE 38 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND A PORTION OF A 9.12 ACRE TRACT OF LAND CONVEYED TO M.J. COWAN AND N.G. WHITLOW BY INSTRUMENT OF RECORD IN VOLUME 1294, PAGE 45 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2" rebar found at the northwest corner of a 1114 acre tract conveyed to Westside Church of Christ of Williamson County, Inc., by instrument of record in Volume 2585, Page 532 of the Official Records of Williamson County, Texas, being in the west line of said 45.60 acre tract, and the east line of Vista Oaks 1A & 1B Revised, a subdivision of record in Cabinet J, Slides 189 -194 of the Plat Records of Williamson County, Texas; THENCE along the west line of the 45.60 acre tract and the east line of said Vista Oaks 1A & 1B Revised, the following three (3) courses: 1. North 20 °01'24" West a distance of 178.55 feet to a calculated point; 2. North 20 °04'08" West a distance of 850.40 feet to a calculated point; 3. North 20 °04'30" West a distance of 304.88 feet to a calculated point; THENCE North 70 °22'31" East, departing the west line of the 45.60 acre tract and the east line of Vista Oaks IA & 1B Revised, and crossing through the 45.60 acre tract, said 9.12 acre Cowan 1 of 2 and Whitlow tract, said 9.12 acre Nelson tract and said 27.36 acre tract, a distance of 785.40 feet to a calculated point; THENCE South 20 °04'21" East, crossing through the 27.36 acre tract, a distance of 1334.47 feet to a calculated point; THENCE South 70 °25'16" West, crossing through the 27.36 acre tract, the 9.12 acre Nelson tract, the 9.12 acre Cowan and Whitlow tract and the 45.60 acre tract, passing a 1/2" rebar found for the northeast corner of said 11.74 acre tract at a distance of 190.82 feet, and continuing for a total distance of 785.60 feet to the POINT OF BEGINNING. Description based on an on- the - ground survey made during May 2000. Bearing Basis: East Line of the remainder of a 32.675 acre tract being South 21 °01'28" East as described in deed of record in Volume 2712, Page 702 of the Deed Records of Williamson County, Texas. Ronnie Wallace Date Registered Professional Land Surveyor State of Texas No. 5222 2 of 2 Job Number: 438-22 Attachments: Survey Drawing L: \CHTEX\PASOIDWGS \ZPARCEL3.DWG File: L: \CHTEX\PASO\F NOTES\ZPARCEL3.FN K.C. ENGINEERING, INC. CONSULTING ENGINEERS AND SURVEYORS 1801 S. MOPAC PHONE: (512) 306 -8585 SUITE 150 FAX : (512) 330 -0737 AUSTIN, TEXAS 78746 EMAIL ±nfoekcengineering.com EXHIBIT " A " PARCEL 4 ZONING FIELD NOTES BEING ALL OF THAT CERTAIN 164.50 ACRE TRACT OR PARCEL OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212 IN WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF A REMAINDER OF A 1437.45 ACRE TRACT CONVEYED TO TOM E. NELSON, JR., TRUSTEE NO. 1, BY INSTRUMENT OF RECORD IN VOLUME 571, PAGE 446 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, A PORTION OF A 27.36 ACRE TRACT OF LAND CONVEYED TO PERRY O. MAYFIELD BY INSTRUMENT OF RECORD IN VOLUME 2027, PAGE 763 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, A PORTION OF A 9.12 ACRE TRACT CONVEYED TO TOM E. NELSON, JR., BY INSTRUMENT OF RECORD IN VOLUME 1381, PAGE 662 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, A PORTION OF A 45.60 ACRE TRACT CONVEYED TO TOM E. NELSON, JR., BY INSTRUMENT OF RECORD IN VOLUME 1294, PAGE 38 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND A PORTION OF A 9.12 ACRE TRACT OF LAND CONVEYED TO M.J. COWAN AND N.G. WHITLOW BY INSTRUMENT OF RECORD IN VOLUME 1294, PAGE 45 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2" rebar found at the southeast corner of a 11.74 acre tract of land conveyed to Westside Church of Christ of Williamson County, Inc., by instrument of record in Volume 2585, Page 532 of the Official Records of Williamson County, Texas, being the southwest corner of said 27.36 acre tract, and being in the northerly right -of -way line of F.M. 1431 (200' R.O.W.); THENCE North 20 °59'03" West, with the west line of the 27.36 acre tract and the east line of said 11.74 acre tract, a distance of 849.73 feet to a 1/2' rebar with plastic cap found; THENCE crossing the 27.36 acre tract, the following three (3) courses: 1. North 70 °25' 16" East a distance of 190.82 feet to a calculated point; 2. North 20 °04'21" West a distance of 1334.47 feet to a calculated point; 1 of 3 3, South 70°22'31" West a distance of 185.78 feet to a calculated point in the west line of the 27.36 acre tract and the east line of said 9.12 acre Nelson tract; THENCE North 21 ° 43'55" West, with the west line of the 27.36 acre tract and the east line of the 9.12 acre Nelson tract, a distance of 1171.87 feet to a calculated point; THENCE North 79 °40'49" East, crossing through the 27.36 acre tract and the remainder of said 1437.45 acre tract, a distance of 1979.66 feet to a 1/2" rebar with plastic cap found for an angle corner in the westerly line of a 110.562 acre tract of land conveyed to Continental Homes of Austin, L.P., by instrument of record in Document No. 9843688 of the Official Records of Williamson County, Texas, being the westerly line of a 125.00 acre tract of land conveyed to Tom E. Nelson, Jr., Trustee No. 1, by instrument of record in Document No. 9708857 of the Official Records of Williamson County, Texas; THENCE with the common westerly lines of said 110.562 acre tract and said 125.00 acre tract, the following eleven (11) courses: 1. South 22 °58'45" East a distance of 581.40 feet to a 1/2" rebar with plastic cap found; 2. South 55°21'14" East a distance of 171.38 feet to a 1/2" rebar with plastic cap found; 3. South 24 °51'35" East a distance of 167.86 feet to a 1/2" rebar with plastic cap found; 4. South 66 °30'43" East a distance of 149.15 feet to a 1/2" rebar with plastic cap found; 5. South 35°39'19" East a distance of 130.49 feet to a 1/2" rebar with plastic cap found; 6. South 62 °50'36" East a distance of 81.96 feet to a 1/2" rebar with plastic cap found; 7. South 41 °31'34" East a distance of 401.19 feet to a 1/2" rebar with plastic cap found; 8. South 24 °34'24" East a distance of 167.36 feet to a 1/2" rebar with plastic cap found; 9. South 16 °33'05" West a distance of 75.30 feet to a 1 /2" rebar with plastic cap found; 10. South 07 °51'52" East a distance of 181.08 feet to a 1/2" rebar with plastic cap found; 11. South 72 °49'54" East a distance of 304.53 feet to a cotton spindle found for the northwest corner of Lot 26, Block G, Stone Oak at Round Rock Section 1 Amended, a subdivision of record in Cabinet M, Slide 354 of the Plat Records of Williamson County, Texas; THENCE with the west line of said Lot 26, Block G, Stone Oak at Round Rock Section 1 Amended, the following three (3) courses: 2 of 3 1. South 25 °31'53" East a distance of 133.95 feet to a 1/2" rebar with plastic cap found; 2. South 36°34'12" East a distance of 191.41 feet to a 1/2" rebar with plastic cap found; 3. South 43 °54'18" East a distance of 642.44 feet to a 1/2" rebar with plastic cap found for the southwest corner of Lot 26, Block G, Stone Oak at Round Rock Section 1 Amended, in the north right -of -way line of F.M. 1431 and the south line of the 1437.45 acre tract; THENCE South 70 °22'58" West, with the north right -of -way line of F.M. 1431 and the south line of the remainder of the 1437.45 acre tract, a distance of 2895.77 feet to the POINT OF BEGINNING. Description based on an on- the -ground survey made during May 2000. Bearing Basis: East Line of the remainder of a 32.675 acre tract being South 21 °01'28" East as described in deed of record in Volume 2712, Page 702 of the Deed Records of Williamson County, Texas. �E OF TE �'� srr � ? O f Fp �O'•,U izi.e. )ad 7 c P004 Ronnie Wallace Date : ADT ROAINIE WALLACE Registered Professional Land Surveyor \ , ., 5222 .; State of Texas No. 5222 ` 9 4 ;' ti ° . R Essn .. - � 0 �SUFi` l- Job Number: 438-22 Attachments: Survey Drawing L:ICHTEXIPASOIDWGSIZPARCEL4.DWG File: L:ICHTEXIPASOIF NOTESIZPARCEL4.FN 3 of 3 EXHIBIT "B" STATE OF TEXAS COUNTY OF WILLIAMSON P., That we, Tom E. Nelson, Jr. Trustee No.1, Tom E. Nelson, Jr., Confine t Homes Texas, Use The Estate of Perry O. Mayfield and The Estate of Vivien L. Mayfield, outright Volume , Page certain tract in Volume , Page , Volume , Page , of the Official Records of Williamson County, Texas do hereby state there are no lien holders of the certain tract of land. Its: THE STATE OF COUNTY OF `— This instilment was acknowledged before me on the ip day of Jr., Managing Ventura of Tom E. Nelson, Jr. Trustee No. 1. CINDY L HARRINGTON Notary Pudk, Stele of Texas My Co nntsslan Ember SEPTEMBER 17, 2003 /" ro� CINDY L HARRINGTON Notary Public, State of Texas %• G�� *Canmodao apism ''+. SEPTEMBER 17, 2003 TOM E. NELSON, JR. TRUSTEE NO. 1 B !, ?rutted: ;eir.J. TO THE STATE OF COUNTY OF This instrument was acknowledged before me on the day of Jr. 1 2900, by Tom E. Nelson, / . A•ahi" - Notary Pub1i ' , State of Printed Name: My commission empires: 2000, by Tom E. Nelson, Notary Publid, State of Printed Name: My commission expires: STATE OF TEXAS COUNTY OF TRAVIS CONTINENTAL HOMES OF TEXAS, L. P. A Texas limited partnership BY: CHTEX of Texas, Inc., A Delaware corporation, Its Sole General Partner By: 18 By: i.. E. Mitchell President This instrument was acknowledged before me on this 6 day of J t//IL , 2000, by Terry E. Mitchell, Vice President of CHTEX of Texas, Inc., a Delaware corporation, sole General Partner of Continental Homes of Texas, L. P., a Texas limited partnership, on behalf of said partnership. .5 Notary Public, State of ' `/S Printed Name: Sharon [. (aorta My commission expires: /2f /7coZ ESTATE OF PERRY O. MAYFIELD GlkAte Patricia B. Green, Executor STATE OF TEXAS § COUNTY OF TRAVIS § This instrument was acknowledged before me on this G M day of Jc),L , 2000, by Patricia B. Green, Executor of the Estate of Perry O. Mayfield, on alf of s ' tate Notary Public, State dF 7�xQ 5 Printed Name: ,14Irm 1. & ad My commission expires: 4/29/200Z EXHIBIT "C" (MAP OF SITE) 19 a m> PARCEL 2 30.70 ACRES SINGLE FAMILY PARCEL 3 24.06 ACRES SINGLE FAMILY WIXO [ *WADI v VAST wuAIIwI COURT, wo L 0 3 S SINGLE FAMILY PARCEL 4 164.50 ACRES CAMPUS BUSINESS PARK out °SOR FAS 5 F.M. 1431 ARTERIAL N, 100' ROW PARCEL 1 156.02 ACRES TOM E. NELSON, 1 TRUSTEE N0. 1 125.00 ACRES CONTINENTAL HOMES OF AUSTIN. L.P. 110.562 ACRES STONE OAK AT ROUND ROCK SECTION I AMENDED CABINET M, SLOE 354 r — i lg s SINGLE FAMILY _ K FIRE STATION TRACT SCALE; 1" 700' EXHIBI 77 )7 1. PERMITTED USE: Single Family Residential. 2. DENSITY: 2.1 Minimum Lot Size: 6,500 square feet, with lots within each preliminary plat averaging at least 7,000 square feet. 2.2 Minimum Lot Frontaae: 50 feet (measured at the front building line). 2.3 Overall Density: The overall density for Single Family Residential shall not exceed four (4) units per developable acre. 3. BUILDINGS SETBACKS All setbacks shall be in accordance with the provisions and requirements of the City of Round Rock Zoning Ordinance for District SF -2 (Single Family- Standard Lot). 4. STREETS AND UTILITIES: 4.1 Access: No direct driveway access shall be permitted to Wyoming Springs Drive. 4.2 Underground Electric and Utility Lines: Except where approved in writing by the Director of Public Works, all electrical, telephone and cable vision distribution and service lines, other than currently existing overhead lines and lines three phase or larger, shall be installed underground. No ground- anchored antennas or rooftop antennas over four (4) feet in height shall be allowed. 5. FENCING: All perimeter fences shall be constructed pursuant to Section 8.616 of the Code. C: \TEXT \Sepuds \MAYPIELp.EX9 /cdc EXHIBIT D DEVELOPMENT STANDARDS SINGLE FAMILY RESIDENTIAL 6. Landscaping: If there is no tree of 4" caliper or greater within the required front yard, each builder, prior to issuance of Certificate of Occupancy, shall plant two trees within the building setback area of the front yard. These trees shall be a minimum of Two inch (2 ") caliper container grown and may be a mixture of any of the following trees: all variety of oaks, elms, pecan and sycamore or trees of equal quality. 1. PERMITTED USES: 1.1 EXHIBIT E DEVELOPMENT STANDARDS BUSINESS PARK Primary Uses: Office, office /warehouse, research & development, technical schools, and light manufacturing and assembly conducted wholly within a building. 1.2 Secondary uses: Caretakers residence, the sale of goods produced or assembled on site, and day care and other employee services, related to its primary use. 2. PROHIBITED USES: Including, but not limited to, automotive and machinery repair, automotive and machinery painting, wrecking yard, sexually oriented businesses, mini - warehouses, wholesale nurseries, truck terminals, and heavy vehicle maintenance. 3. OUTDOOR STORAGE: No outdoor storage of materials or equipment shall be permitted in any front yard, side street yard or buffer yard. Any outdoor storage on any other portion of the property shall be fully screened so as to not be visible from abutting properties or city streets. All screening shall be approved by the Director of Planning prior to issuance of building permit. 4. INTERPRETATION OF USE: Interpretation of uses not clearly permitted or prohibited shall be made in writing by the Director of Planning. A copy of interpretations shall be provided to the owner and the City Building Inspector. 5. DENSITY: Minimum lot size five (5) acres. 6. BUILDINGS SETBACKS AND HEIGHT: 6.1 Front yard setback - 75 feet. 6.2 Rear yard setback - 50 feet. 6.3 Side yard setback (internal) - 25 feet. 6.4 Side yard (street) setback - 75 feet for side yards along FM 1431, Wyoming Springs Drive or the primary . North -South connector which connects FM 1431 to 4, Wyoming Springs Drive, tracts abutting residential areas and 50 feet for all other side yards. 6.5 Height - Building height shall be limited to two stories. 7. SIGN REGULATIONS: 8. LANDSCAPING & BUFFERING: 7.1 All free standing signs shall be`4onument signs as defined in the Code. 7.2 Free standing signs shall not exceed six feet in height. 7.3 Free standing signs shall not restrict visibility for traffic entering or leaving the site. 7.4 One free standing sign shall be permitted per lot. The maximum area of the sign, defined as the area contained within a polygon containing the actual lettering and any logo, shall be fifty square feet. Small signs to direct clients or delivery trucks will be permitted if approved in writing by the Director of Planning. 7.5 Area Identification Signs, as defined in the Code of Ordinances, shall be permitted. 8.1 Any parcel which abuts a residential lot shall provide a seventy -five (75) foot wide landscaped buffer which preserves the natural tree cover and contains vegetative landscaping and screening adequate to buffer adjacent residential development from industrial uses. A site plan shall be approved prior to the issuance of a building permit. 8.2 The height of the berm, as required in Section 9 below, shall be a minimum of three (3) feet in height and shall be landscaped to provide a complete visual screen of any parking, loading or storage areas. A site plan shall be approved by the Director of Planning prior to the issuance of any building permit. The Director of Planning should review the landscaping, elevations and abutting uses to ensure that the required visual screen shall be provided. Trees shall be planted no leas than thirty feet apart. review the landscaping, 9. elevations and abutting uses to ensure that the required visual screen shall be provided. PARKING & LOADING REQUIREMENTS: 9.1 The number of parking and loading spaces shall be provided in accordance with the current standards set forth in the Code. 9.2 No parking or loading shall be permitted in any required front yard or street side yard, except that visitor parking may be permitted in up to twenty -five percent of the street yard, exclusive of driveways, if a landscaped screen and berm is first approved in writing by the Director of Planning and is installed in accordance with Section 8.2, above. 10. SERVICE AND LOADING AREAS: 10.1 Screening Required: No dock high loading area is permitted unless such area is visually screened from public view. 10.2 Delivery Vehicles: All delivery and utility vehicles stored on -site must be inside a closed building or within a screened portion of the site. 10.3 Trash Storage: Refuse storage enclosures are required for all buildings. Enclosures must be of sufficient height to screen all refuse containers completely 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, stone, masonry, wood, steel, etc.) which are compatible with the building it serves. Refuse storage areas must be designed to contain all refuse generated on -site between collections. 10.4 Street Level Mechanical Equipment: All ground - mounted service equipment (e.g. air conditioners, 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. • ' 10.5 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. If roof decks with mechanical units are visible from up to 14 feet above finished first floor grade of adjacent buildings, the mechanical units must be screened and painted to match the finished roof material. The following items shall be included in the restrictive covenants which shall be recorded with a final plat for Single Family lots. 1. Amendment: 2. Garages and Driveways: 3. Construction: 4. Parking Restrictions: EXHIBIT F The Declaration shall state that it may be amended by recording an instrument in the Williamson County Official Records executed by the appropriate authority if approved by Owners and the Mayor of Round Rock, on behalf of the Round Rock City Council, if any amendment pertains to any item in this Exhibit. All garages shall comply with all other restrictions, covenants, conditions and limitations on usage herein provided for other improvements in the Subdivision. All garages shall be suitable for not less than two (2) automobiles. All single family lots shall provide a minimum of four (4) parking spaces, two of which may be in the garage. No garages shall be converted into bedrooms, dens, studios or any living areas for the occupants, provided however, that builders may temporarily convert the garage of a model home, but the City of Round Rock shall not be obligated to issue a certificate of occupancy, or permanently provide utilities until said garage is re- converted for the parking of automobiles. All buildings shall be constructed of at least seventy -five (75 %) masonry on the first floor. The front facade shall be one hundred (100 %) percent masonry (excluding gables, doors, windows, vents and trim) up to the top plate of the first floor. No four foot by eight foot wood or wood composite panels shall be used for siding. Only washboard style or other quality wood or wood composite materials, placed in a horizontal fashion, shall be used on the exterior of the building. No recreational vehicles, boats or trailers shall be permitted to be parked within the development unless they are parked in a garage and the garage doors remain closed, except when in use. Signs: 5.1 Entry signs All entry signs shall be constructed of low maintenance materials approved in advance by the Director of Planning. In the event that the sign is not properly maintained, the city may give the sign owner written notice that repairs must be made within 14 business days of notification or the City shall have the right, but not the obligation, to have the repairs made and charged to the owner. 5.2 Prohibited Signs Prohibited signs include bench signs, billboards, signs with flashing or blinking lights or mechanical movement, dayglo colors, signs that make or create noise, animated or moving signs, exposed neon illumination, painted wall signs, pennants, trailer signs, beacons, and any sign that obstructs the view in any direction of an intersection. Appropriate materials shall be made of masonry with a maximum height of six feet. 5.3 Sian Maintenance The Property Owners Association shall own and maintain all signs. 6. Homeowners Association Responsibilities The Property Owners Association shall be responsible for enforcing the deed restrictions and restrictive covenants. Although the City reserves the right to enforce any provisions required by this PUD, it is not the intent of the City to assume responsibilities normally reserved to the Property Owners Association. • FILED AND RECORDED OFFICIAL PUBLIC RECORDS 01- 17 -200T 02:18 PM 2001003874 ANDERSON $83.00 NANCY E. RISTER ,COUNTY CLERK WILLIAMSON COUNTY, TEXAS PLEASE €ETuzn1 7o : CITY OF ROUND ROCK ADMINISTRATION 221 EAST MAIN STREET ROUND ROCK. TEXAS 78864 THE STATE OF TEXAS COUNTY OF WILLIAMSON AMENDED AGREEMENT AND DEVELOPMENT PLAN FOR MAYFIELD RANCH PUD NO. 23 THIS AMENDMENT to Agreement and Development Plan is made and entered by and between the City of Round Rock, Texas, a Texas municipal corporation, having its offices at 221 East Main Street, Round Rock, Texas 78664 (hereinafter referred to as the "City "); Tom E. Nelson, Jr. Trustee No.1 and Tom E. Nelson, Jr., having their offices at 3404 Glenview, Austin, Texas 78703; Continental Homes of Texas, L. P., a Texas limited partnership, having its office at 4515 Seton Center Parkway, Austin, Texas 78759; and the Estate of Perry O. Mayfield, whose mailing address is c/o Patricia B. Green, Executor, 4107 Medical Parkway, Suite 102, Austin, Texas 78756, (hereinafter collectively referred to as the "Owner "), and their respective successors and assigns. WHEREAS, the Owner previously submitted an Agreement and Development Plan for Mayfield Ranch ( "PUD Agreement ") to the City to zone 375.28 acres of land as a Planned Unit Development ( "PUD "), said PUD zoning having been approved by the City Council of the City of Round Rock by Ordinance No. Z- 95- 12- 21 -10A dated December 21, 1995, said Ordinance having been recorded in Clerk's Document No. 9601043, Official Records of Williamson County, Texas; WHEREAS, the Owner desires to amend the PUD Agreement to more accurately state the intended development of the property, said property being more particularly described by metes and bounds in Exhibit "A" attached hereto and incorporated herein (hereinafter referred to as the "Property "); WHEREAS, on July 5 2000, the Planning and Zoning Commission recommended approval of the Owner's application for the amendment to the PUD Agreement; and WHEREAS, pursuant to Chapter 11, Section 11.316(8), Code of Ordinances (1995 Edition), City of Round Rock, Texas, the Owner has submitted a Development Plan, attached hereto and incorporated herein as a part of this Agreement, said Development Plan stating in detail all development conditions and requirements within the PUD, NOW THEREFORE BY THIS AGREEMENT WITNESSETH that, in consideration of the covenants and conditions set forth herein, the City and the Owner agree as follows: I. GENERAL PROVISIONS 1. CONFORMITY TO DEVELOPMENT PLAN z:\�xnSEPU SMAYFIE- 3.WPD],& That all uses and development within the Property shall conform to the Development Plan included in Section II herein. 2. CHANGES AND MODIFICATIONS That no changes or modifications will be made to this Agreement unless all provisions pertaining to changes or modifications as stated in Section II.14, below, are followed. 3. ZONING VIOLATION That the Owner understands that any person, firm, corporation or other entity violating any conditions or terms of the Development Plan shall be subject to any and all penalties for the violation of any zoning ordinance as stated in Section 1.601, Code of Ordinances, (1995 Edition), City of Round Rock, Texas, as amended. 4. }',IENHOLDER CONSENT That the owners hereby state there are no lienholders for the property. An owners Affidavit is attached hereto and incorporated as Exhibit "2". 5. MISCELLANEOUS PROVISIONS 5.1 Aaaianment. Neither party may assign its rights and obligations pertaining to Living Unit Equivalents, water usage and land use under this Agreement without having first obtained the prior written consent of the other which consent shall not be unreasonably withheld. This section does not prevent the Owner from conveying the property, or any portion thereof, together with all development rights and obligations contained in this Agreement and Development Plan. 5.2 Necessary Documents and Actions. Each party agrees to execute and deliver all such other and further instruments and undertake such actions as are or may become necessary or convenient to effectuate the purposes and intent of this Agreement. 5.3 Severability. In case any one or more provisions contained herein are deemed invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof and in such event, this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 2. 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 Beneficiaries. Nothing in this Agreement, express or implied, is intended to confer upon any person or entity, other than the parties hereto, any rights, benefits, or remedies under or by reason of this Agreement. 5.8 Duplicate Originals. This Agreement may be executed in duplicate originals each of equal dignity. 5.9 Notices. Until changed by written notice thereof any notice required under this Agreement may be given to the respective parties by certified mail, postage prepaid or by hand - delivery to the address of the other party shown below: OWNER ROUND ROCK Tom E. Nelson, Jr. 3404 Glenview Austin, Texas 78703 Tom E. Nelson, Jr. Trustee No. 1 c/o Tom E. Nelson, Jr. 3404 Glenview Austin, Texas 78703 Estate of Perry 0. Mayfield c/o Patricia B. Green, Executor 3. City of Round Rock, Texas 221 East Main Street Round Rock, Texas 78664 Attn: Director of Planning 1. DEFINITIONS 2. PROPERTY 4107 Medical Parkway, Suite 102 Austin, Texas 78756 Continental Homes of Texas, L. P. Attn: Terry E. Mitchell 4515 Seton Center Parkway, #200 Austin, Texas 78759 5.10 Effective Date. This Agreement shall be effective from and after the date of due execution hereof by all parties. II. DEVELOPMENT PLAN Words and terms used herein shall have their usual force and meaning, or as defined in the Code of Ordinances (1990 Edition), City of Round Rock, Texas, hereinafter referred to as "the Code ". This Develo•ment Plan ( "Plan ") covers 375.28 acres of land, located within the city limits of Round Rock, Texas, and more particularly described by metes and bounds in Exhibit "A ", attached hereto and incorporated herein. 3. PURPOSE The purpose of this Plan is to insure a Planned Unit Development ( "PUD ") that 1) is equal to or superior to development that would occur under the standard ordinance requirements, 2) is in harmony with the General Plan, 3) does not have an undue adverse affect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and welfare, 4) is adequately provisioned by essential public facilities and services, and 5) will be developed and maintained so as to not dominate, by scale and massing of structures, the immediate neighboring properties or interfere with their development or use in accordance with any existing zoning district. 4. APPLICABILITY OF CITY ORDINANCES 4.1 Zonina and Subdivision Ordinances The Property shall be regulated for purposes of zoning and subdivision by this Plan. All aspects not 4. 4.2 Other Ordinances 5. PERMITTED USES specifically covered by this Plan shall be regulated by applicable sections in the Code. All other Ordinances within the Code shall apply to the Property, except where clearly modified by this Plan. The property listed below shall be used and developed as follows and shall conform to all requirements as set forth in this Agreement and Plan and, if not set forth herein, by applicable sections in the Code: 5.1 Single Family Residential Parcels One (1), Two (2), and Three (3), more particularly described in Exhibit "C ", attached hereto and incorporated herein, shall be used and developed for standard Single Family Residential (SF -2) uses, except as modified in accordance with the development standards set forth in Exhibit "D ", attached hereto and incorporated herein. 5.2 Business Park 6. LOT SIZES 7. BUILDINGS Parcel Four (4), more particularly described in Exhibit "C ", shall be used for General Industrial (I -1), except as modified as Business Park uses in accordance with the development standards set forth in Exhibit "E ", attached hereto and incorporated herein. The minimum lot size and dimensions shall be regulated by the development standards set forth in Exhibits "D" and "E ", attached hereto. However, all Single Family developed areas may not exceed • - - ' - •• - an average of four (4) units per developable acre. Building height and setbacks shall be regulated by the development standards set forth in Exhibits "D" and "E ", attached hereto. 8. LANDS PING an B FFERI 8.1 Landscaping and Buffering Landscaping and buffering shall be regulated by the development standards set forth in Exhibits "D" and "E ", attached hereto. 5. MIS kland De- 'icyt? -on Dedication of`par4la z payment of fev stiali be mach ti =tiu City Ly the Ownez w the 2inzil p1B:t applicati at single family' ;1 ide_ntla1 plj perry wittzlL ttl Vt) , : Such dedicatiWn ' wlfl, t4 i; accordance with .4 , 015 - cf the City of mind €c+.ck the oa4� e„ Parcel include progrt_ for connection to ho ps 4c1$cated Open Space L3E i , .£41x.1; C,I included i :: the su el :vi.5ion plat of the Pre$ rve at Stone Oak, Phase Otte, Section FOio, a sui, division recorded in Cabinet S, 9hiaes t, -3 and oL the Flat Re,corcia5 a :Williamson County, Texas. 9. PARKING AND LOADING Parking and loading shall be as provided in accordance with the development standards set forth in Exhibit "E ", attached hereto. 10. UTILITIES All utilities, other than existing overhead perimeter lines and lines which are three phase or larger shall be installed underground. 11. SIGN STANDARDS Sign Standards shall be as provided in accordance with the development standards set forth in Exhibit "E ", attached hereto. 12. FUTURE FIRE STATION LOCATION Parcel "X ", more particularly described in Exhibit "G ", attached hereto, shall be used and developed by the City for a future fire station location, pursuant to the City's schedule. The fire station site shall be dedicated by the Owner to the City at the time of recordation of the first plat for any property within this PUD. 6. 13. STREETS 13.1 AtLc.L.La null �.1r11cV LV1_ sLi ccl.a 1Cl CLV , Oa 1.l1_ VVCaa. lc PSLJNci Ly may l.lc p J.dLLcQ ila y llabca. V 1 IV L a.C4u11.0 LCCL C 1Clly LR Vl LLIC L VVIICV LV LVUa ui..LcU as tl al_L Vi Lllc lilaal p Aa LL iaa.J. IC CC vaaaLl_ui.LiVal VL a 1;A111L1L V a y Cu L1 iC 1.SLILULLL 1ClaU Ll1 Mb X11 ct.-1. 1LCLL 51 C S Vf Ll ac (L i t E11.iVs waiLLCaa ap1F1. 1VVa i ] . s V a L Lilac i i l.VM L i..c C all L 11C, Vi V LA 1 LdV1. a. r ied the north by ?cturia3 't! rtts;1 5n r ,e r<<. .c _ rtti‹,n Master £. ,n ro nave & r hz way of 10 ;E, . Jt ;3.1 reheat r r?,:,;ht - Way or the prq1 , -ed - 2, `.rteri-c1. fi by Fparate 1 oato _a tot p� t_o rE th deti n the f. ° t f- ;i 1 1 }t i11> PAz ex- 1.; tTe o:nez � >��f 2,rce- 1 °hail psi ..P tap f'nr,' kn to the 11 in an a:rc,ant that eotal °. tt'% _c n h'>und,ri es . c l tI Pny friar to tl r al vac:_ dial play �,, :Jotat char;: Las on tiro cr,nt,t crorlLaia final l:lat df wap _ess . :1h371 1 e _ :_mztt?1 teem a..} _tint i:n to or dl to. provide thi❑ .he owner 9'ha13 c,not_ruct f ar ast/ west catI��t�: az= Ai ?IwiJ }' sYtc r: ii. ��:Y, b L ''t" froth �r'ner aident�al llec �r i:i th Pru sf Stc:.o'„dk�ti::" e,:i.Y� 1e a .acstcr a. Vita :1 = 6' t.. PM 11 ottl , to a� 4 shoran on E[1ti::_L 7. V W1a V �. Vlla Ll uG LLV L. ao a11V W1a 1.V3. Y61V atLaL. acT 1C 1.V11Cl.LV1 14. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN 14.1 Minor Changes Minor changes to this Agreement or Plan required by engineering or other circumstances which do not substantially change this Plan may be approved by the Director of Planning and the Director of Public Works. 14.2 Manor Chancres Major changes shall be resubmitted following the same procedure required in the original PUD application. 14.3 Chances in Writing Neither this Agreement or Plan nor any provision hereof may be waived, modified, amended, discharged, or terminated except by an instrument in writing signed by the City and the current Owner. 15. PROPERTY OWNER'S ASSOCIATION 15.1 Review and Approval Before Recordation of Final Plat A Property Owner's Association shall be established at time of final platting of any Single Family Residential property located within the PUD. The Association's creation documents, including covenants and deed restrictions or amendments thereto, shall be submitted for review and approval to the Director of Planning and the City Attorney at the final plat stage. These documents shall be recorded with the final plat and shall contain all of the items listed in Exhibit "F ", attached hereto and incorporated herein, to insure incorporation of the items listed in Exhibit "F ". 15.2 Responsibilities of Association 8. 17. BINDING EFFECT Date: In addition to other responsibilities imposed on the Association in this Plan, the Association shall be responsible for maintainin• all landsca•ing, irrigation systems, greenbelts._ li' =�� , and amenity areas within the plat not dedicated to the City. 15.3 Enforcement of Deed Restrictions The Property Owner's Association shall be the entity responsible for enforcing deed restrictions. Although the City reserves the right to review, approve and enforce deed restrictions as well as any amendments or modifications to the deed restrictions, it is not the intent of the City to assume responsibilities normally reserved to a Property Owner's Association. 16. GENERAL PLAN AMENDED The Round Rock General Plan 2000 is hereby amended to reflect the provisions of this agreement. This Agreement and Plan binds and is to the benefit of the respective heirs, successors and assigns of the Owner. 18. EFFECT ON LIVING UNIT EOUIVALENTS,AND OTHER INFRASTRUCTURE The zoning of the Property as a PUD does not guarantee water and wastewater plant capacity or any rights to Living Unit Equivalents, as defined by the Code of Ordinances of the City of Round Rock. CITY OF ROUND ROCK BY: ROBERT STLUKA, MAYOR TOM E. NELSON, JR. TRUSTEE NO. 1 By: Printed: Its: 9. TOM E. NELSON, JR. CONTINENTAL HOMES OF TEXAS, L. P. A Texas limited partnership BY: CHTEX of Texas, Inc., a Delaware corporation, its Sole General Partner By: Terry E. Mitchell Vice President ESTATE OF PERRY O. MAYFIELD By: Patricia B. Green, Executor 1 0. 1. PERMITTED USE: Single Family Residential. 2. DENSITY: 3. BUILDINGS SETBACKS EXHIBIT D DEVELOPMENT STANDARDS SINGLE FAMILY RESIDENTIAL 2.1 Minimum Lot Size: 6,500 square feet, with lots within each preliminary plat averaging at least 7,000 square feet. 2.2 Minimum Lot Frontage: 50 feet (measured at the front building line). 2.3 Overall Density: The overall density for Single Family Residential shall not exceed t1 1000 Gc „coal Pla„ i� yui ,m viaL yf four (4) units per developable acre. All setbacks shall be in accordance with the provisions and requirements of the City of Round Rock Zoning Ordinance for District SF -2 (Single Family - Standard Lot). 4. STREETS AND UTILITIES: 4.1 Access: No direct driveway access shall be permitted to Wyoming Springs Drive. 4.2 Underground Electric and Utility Lines: Except where approved in writing by the Director of Public Works, all electrical, telephone and cable vision distribution and service lines, other than currently existing overhead lines and lines three phase or larger, shall be installed underground. No ground- anchored antennas or rooftop antennas over four (4) feet in height shall be allowed. 5. FENCING: All perimeter fences shall be constructed pursuant to Section 11 310 of the Code, , , \Se pods \MAYFIE6pred1lne.EXx . wpd /cdc LL Via, .uaovalL y, 6. Landscapina: c 110 L LULLCa VL maay.tLy vi LuaL LcaLal, a..L iL V1. vi oLCC V a..c1 .L)L uv..,L.L ,. T11. Ii 111 1LCa Di NNLv Lv..o LL UV LuQ as ao Na.L vi L11c . vSUial ., u .1. v l 'imps.0 VCUic..LO. Tc.wc ,v..a LL UL.Liv11 Nla1.a 0 C y If there is no tree of 4" caliper or greater within the required front yard, each builder, prior to issuance of Certificate of Occupancy, shall plant two trees within the building setback area of the front ard. These trees shall be a minimum of er.. half (1 'z ") " - caliper container grown and may be a mixture of any of the following trees: all variety of oaks, elms, pecan and sycamore or trees of equal quality. 1. PERMITTED USES: 1.1 EXHIBIT E DEVELOPMENT STANDARDS BUSINESS PARK Primary Uses: Office, office /warehouse, research & development, technical schools, and light manufacturing and assembly conducted wholly within a building. 1.2 Secondary uses: Caretakers residence, the sale of goods produced or assembled on site, and day care and other employee services, related to its primary use. 2. PROHIBITED USES: Including, but not limited to, automotive and machinery repair, automotive and machinery painting, wrecking yard sexuall oriented businesses, and mini - warehousesya } "`''%({ 3. OUTDOOR STORAGE: No outdoor storage of materials or equipment shall be permitted in any front yard, side street yard or buffer yard. Any outdoor storage on any other portion of the property shall be fully screened so as to not be visible from abutting properties or city streets. All screening shall be approved by the Director of Planning prior to issuance of building permit. 4. INTERPRETATION OF USE: Interpretation of uses not clearly permitted or prohibited shall be made in writing by the Director of Planning. A copy of interpretations shall be provided to the owner and the City Building Inspector. 5. DENSITY: Minimum lot size five (5) acres. 6. BUILDINGS SETBACKS AND HEIGHT: 6.1 Front yard setback - 75 feet. 6.2 Rear yard setback - 50 feet. 6.3 Side yard setback (internal) - 25 feet. 6.4 Side yard (street) setback - 75 feet for side yards along FM 1431, Wyoming Springs Drive or the primary 7. SIGN REGULATIONS: North -South connector which connects FM 1431 to Wyoming Springs Drive, tracts abutting residential areas and 50 feet for all other side yards. 6.5 Height - Building height shall be limited to two stories. 7 1 All free standin signs shall 7.2 Free standing signs shall not exceed six feet in height. 7.3 Free standing signs shall not restrict visibility for traffic entering or leaving the site. 7.4 One free standing sign shall be permitted per lot. The maximum area of the sign, defined as the area contained within a polygon containing the actual lettering and any logo, shall be fifty square feet. Small signs to direct clients or delivery trucks will be permitted if approved in writing by the Director of Planning. 7.5 Area Identification Signs, as defined in the Code of Ordinances, shall be permitted. 8. LANDSCAPING & BUFFERING: 8.1 Any parcel which abuts a residential lot shall provide a seventy -five (75) foot wide landscaped buffer which preserves the natural tree cover and contains vegetative landscaping and screening adequate to buffer adjacent residential development from industrial uses. A site plan shall be approved prior to the issuance of a building permit. 8.2 The height of the berm, as required in Section 9 below, shall be a minimum of three (3) feet in height and shall be landscaped to provide a complete visual screen of any parking, loading or storage areas. A site plan shall be approved by the Director of Planning prior to the issuance of any building permit. The Director of Planning should review the landscaping, elevations and abutting uses to ensure that the required visual screen shall be provided. Trees shall be planted no less - than thirty feet apart. review the ic J. lily . y aLgYY-iYCt landscaping, elevations and abutting uses to ensure that the required visual screen shall be provided. 9. PARKING S LOADING REQUIREMENTS: 9.1 The number of parking and loading spaces shall be provided in accordance with the current standards set forth in the Code. 9.2 No parking or loading shall be permitted in any required front yard or street side yard, except that visitor parking may be permitted in up to twenty -five percent of the street yard, exclusive of driveways, if a landscaped screen and berm is first approved in writing by the Director of Planning and is installed in accordance with Section 8.2, above. 10. SERVICE AND LOADING AREAS: 10.1 Screening Required: No dock high loading area is permitted unless such area is visually screened from public view. 10.2 Delivery Vehicles: All delivery and utility vehicles stored on -site must be inside a closed building or within a screened portion of the site. 10.3 Trash Storage: Refuse storage enclosures are required for all buildings. Enclosures must be of sufficient height to screen all refuse containers completely 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, stone, masonry, wood, steel, etc.) which are compatible with the building it serves. Refuse storage areas must be designed to contain all refuse generated on -site between collections. 10.4 Street Level Mechanical Equipment: All ground - mounted service equipment (e.g. air conditioners, 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. 10.5 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. If roof decks with mechanical units are visible from up to 14 feet above finished first floor grade of adjacent buildings, the mechanical units must be screened and painted to match the finished roof material. EXHIBIT F The following items shall be included in the restrictive covenants which shall be recorded with a final plat for Single Family lots. 1. Amendment: The Declaration shall state that it may be amended by recording an instrument in the Williamson County Official Records executed by the appropriate authority if approved by Owners and the Mayor of Round Rock, on behalf of the Round Rock City Council, if any amendment pertains to any item in this Exhibit. 2. Garages and Driveways: All garages shall comply with all other restrictions, covenants, conditions and limitations on usage herein provided for other improvements in the Subdivision. All garages shall be suitable for not less than two (2) automobiles. All single family lots shall provide a minimum of four (4) parking spaces, two of which may be in the garage. No garages shall be converted into bedrooms, dens, studios or any living areas for the occupants, provided however, that builders may temporarily convert the garage of a model home, but the City of Round Rock shall not be obligated to issue a certificate of occupancy, or permanently provide utilities until said garage is re- converted for the parking of automobiles. 3. Construction: All buildings shall be constructed of at least seventy -five (75 %) masonry on the first floor. The front facade shall be one hundred (100 %) percent masonry (excluding gables, doors, windows, vents and trim) up to the top plate of the first floor. No four foot by eight foot wood or wood composite panels shall be used for siding. Only washboard style or other quality wood or wood composite materials, placed in a horizontal fashion, shall be used on the exterior of the building. 4. Parking Restrictions: No recreational vehicles, boats or trailers shall be permitted to be parked within the development unless they are parked in a garage and the garage doors remain closed, except when in use. 5. Sians: 5.1 Entry Sians All entry signs shall be constructed of low maintenance materials approved in advance by the Director of Planning. In the event that the sign is not properly maintained, the city may give the sign owner written notice that repairs must be made within 14 business days of notification or the City shall have the right, but not the obligation, to have the repairs made and charged to the owner. 5.2 Prohibited Sians Prohibited signs include bench signs, billboards, signs with flashing or blinking lights or mechanical movement, dayglo colors, signs that make or create noise, animated or moving signs, exposed neon illumination, painted wall signs, pennants, trailer signs, beacons, and any sign that obstructs the view in any direction of an intersection. Appropriate materials shall be made of masonry with a maximum height of six feet. 5.3 Sian Maintenance The Property Owners Association shall own and maintain all signs. 6. Homeowners Association Responsibilities The Property Owners Association shall be responsible for enforcing the deed restrictions and restrictive covenants. Although the City reserves the right to enforce any provisions required by this PUD, it is not the intent of the City to assume responsibilities normally reserved to the Property Owners Association. x: \+Pmcs \OROtNNC \oo0725AL.WPD /cdc ORDINANCE NO. ' OO. O1" " 10 A 1 AN ORDINANCE AMENDING ORDINANCE NO. Z- 95- 12- 21 -10A, ADOPTED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS, ON DECEMBER 21, 1995, BY AMENDING THE AGREEMENT AND DEVELOPMENT PLAN OF PUD NO. 23, APPROVED BY THE CITY COUNCIL IN SAID ORDINANCE, PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. WHEREAS, on December 21,1995, the City Council of the City of Round Rock, Texas, adopted Ordinance No. Z - 95 - 12 - 21 - 10A, which established PUD No. 23, and WHEREAS, an application has been made to the City Council of the City of Round Rock, Texas to amend the Agreement and Development of PUD No. 23, and WHEREAS, the Planning and Zoning Commission held a public hearing concerning the requested amendment to Ordinance No. Z - 95 - 12- 21 on the 5th day of July, 2000, following lawful publication of said public hearing, and WHEREAS, after considering the public testimony received at such hearing, the Planning and Zoning Commission has recommended that Ordinance No. Z - 95 - 12 - 21 - 10A be amended, and WHEREAS, on the 25th day of July, 2000, after proper notification, the City Council held a public hearing on the requested amendment to Ordinance No. Z - 95 - 12 - 21 - 10A, and WHEREAS, the City Council determined that the requested amendment to Ordinance No. Z- 95- 12- 21 -10A promotes the health, safety, morals and 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 hereby determines that the proposed amendment to Planned Unit Development (PUD) District #23 meets the following goals and objectives: (1) The amendment to P.U.D. #23 is equal to or superior to development that would occur under the standard ordinance requirements. (2) The amendment to P.U.D. #23 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) The amendment to P.U.D. #23 does not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or 2. any other matters affecting the public health, safety and general welfare. II. That the Agreement and Development Plan of PUD No. 23, as approved in Ordinance No. Z - 95 - 12 - 21 - 10A, is hereby deleted in its entirety, and replaced with a Agreement and Development Plan, attached hereto and incorporated herein. II. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. 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 2000. 3. Oi.5 day Alternative 2. READ and APPROVED on first reading this the day of , 2000. READ, APPROVED and ADOPTED on second reading this the day of , 2000. ATTEST: LAND, City Secretary 4. 4 1gle i RT A. LUKA / Jr., Mayor City of Round Rock, Texas THE STATE OF TEXAS COUNTY OF WILLIAMSON L GENERAL PROVISIONS 1. CONFORMITY TO DEVELOPMENT PLAN zATEmsEe""su A F1E 8 5VPD/cd, AMENDED AGREEMENT AND DEVELOPMENT PLAN FOR MAYFIELD RANCH PUD NO. 23 THIS AMENDMENT to Agreement and Development Plan is made and entered by and between the City of Round Rock, Texas, a Texas municipal corporation, having its offices at 221 East Main Street, Round Rock, Texas 78664 (hereinafter referred to as the "City "); Tom E. Nelson, Jr. Trustee No.1 and Tom E. Nelson, Jr., having their offices at 3404 Glenview, Austin, Texas 78703; Continental Homes of Texas, L. P., a Texas limited partnership, having its office at 4515 Seton Center Parkway, Austin, Texas 78759; and the Estate of Perry O. Mayfield, whose mailing address is c/o Patricia B. Green, Executor, 4107 Medical Parkway, Suite 102, Austin, Texas 78756, (hereinafter collectively referred to as the "Owner "), and their respective successors and assigns. WHEREAS, the Owner previously submitted an Agreement and Development Plan for Mayfield Ranch ( "PUD Agreement ") to the City to zone 375.28 acres of land as a Planned Unit Development ( "PUD "), said PUD zoning having been approved by the City Council of the City of Round Rock by Ordinance No. Z- 95- 12- 21 -10A dated December 21, 1995, said Ordinance having been recorded in Clerk's Document No. 9601043, Official Records of Williamson County, Texas; WHEREAS, the Owner desires to amend the PUD Agreement to more accurately state the intended development of the property, said property being more particularly described by metes and bounds in $xhibit "A' attached hereto and incorporated herein (hereinafter referred to as the "Property "); WHEREAS, on July 5 2000, the Planning and Zoning Commission recommended approval of the Owner's application for the amendment to the PUD Agreement; and WHEREAS, pursuant to Chapter 11, Section 11.316(8), Code of Ordinances (1995 Edition), City of Round Rock, Texas, the Owner has submitted a Development Plan, attached hereto and incorporated herein as a part of this Agreement, said Development Plan stating in detail all development conditions and requirements within the PUD, NOW THEREFORE BY THIS AGREEMENT WITNESSETH that, in consideration of the covenants and conditions set forth herei4, _:,.the City and the Owner agree as follows: That all uses and development within the Property shall conform to the Development Plan included in Section II herein. 2. CHANGES AND MODIFICATIONS That no changes or modifications will be made to this Agreement unless all provisions pertaining to changes or modifications as stated in Section 11.14, below, are followed. 3. ZONING VIOLATION That the Owner understands that any person, firm, corporation or other entity violating any conditions or terms of the Development Plan shall be subject to any and all penalties for the violation of any zoning ordinance as stated in Section 1.601, Code of Ordinances, (1995 Edition), City of Round Rock, Texas, as amended. 4. LIENHOLDER CONSENT That the owners hereby state there are no lienholders for the property. An owners Affidavit is attached hereto and incorporated as Exhibit "B ". 5. MISCELLANEOUS PROVISIONS 5.1 Assianment. Neither party may assign its rights and obligations pertaining to Living Unit Equivalents, water usage and land use under this Agreement without having first obtained the prior written consent of the other which consent shall not be unreasonably withheld. This section does not prevent the Owner from conveying the property, or any portion thereof, together with all development rights and obligations contained in this Agreement and Development Plan. 5.2 Necessary Documents and Actions. Each party agrees to execute and deliver all such other and further instruments and undertake such actions as are or may become necessary or convenient to effectuate the purposes and intent of this Agreement. 5.3 Severability. In case any one or more provisions contained herein are deemed invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof and in such event, this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 2. 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 Beneficiaries. Nothing in this Agreement, express or implied, is intended to confer upon any person or entity, other than the parties hereto, any rights, benefits, or remedies under or by reason of this Agreement. 5.8 Duplicate Originals. This Agreement may be executed in duplicate originals each of equal dignity. 5.9 Notices. Until changed by written notice thereof any notice required under this Agreement may be given to the respective parties by certified mail, postage prepaid or by hand- delivery to the address of the other party shown below: OWNER ROUND ROCK Tom E. Nelson, Jr. 3404 Glenview Austin, Texas 78703 Tom E. Nelson, Jr. Trustee No. 1 c/o Tom E. Nelson, Jr. 3404 Glenview Austin, Texas 78703 Estate of Perry O. Mayfield c/o Patricia B. Green, Executor 3. City of Round Rock, Texas 221 East Main Street Round Rock, Texas 78664 Attn: Director of Planning 1. DEFINITIONS 2. PROPERTY 4107 Medical Parkway, Suite 102 Austin, Texas 78756 Continental Homes of Texas, L. P. Attn: Terry E. Mitchell 4515 Seton Center Parkway, #200 Austin, Texas 78759 5.10 Effective Date. This Agreement shall be effective from and after the date of due execution hereof by all parties. II. DEVELOPMENT PLAN Words and terms used herein shall have their usual force and meaning, or as defined in the Code of Ordinances (1990 Edition), City of Round Rock, Texas, hereinafter referred to as "the Code ". This Development Plan ( "Plan ") covers 375.28 acres of land, consisting of four separately defined parcels, located within the city limits of Round Rock, Texas, and more particularly described by metes and bounds in Exhibit "A ", attached hereto and incorporated herein. 3. PURPOSE The purpose of this Plan is to insure a Planned Unit Development ( "PUD ") that 1) is equal to or superior to development that would occur under the standard ordinance requirements, 2) is in harmony with the General Plan, 3) does not have an undue adverse affect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and welfare, 4) is adequately provisioned by essential public facilities and services, and 5) will be developed and maintained so as to not dominate, by scale and massing of structures, the immediate neighboring properties or interfere with their development or use in accordance with any existing zoning district. 4. APPLICABILITY OF CITY ORDINANCES 4.1 Zoning and Subdivision Ordinances The Property shall be regulated for purposes of zoning and subdivision by this Plan. All aspects not 4. specifically covered by this Plan shall be regulated by applicable sections in the Code. 4.2 Other Ordinances 5. PERMITTED USES All other Ordinances within the Code shall apply to the Property, except where clearly modified by this Plan. The property listed below shall be used and developed as follows and shall conform to all requirements as set forth in this Agreement and Plan and, if not set forth herein, by applicable sections in the Code: 5.1 Single Family Residential Parcels One (1), Two (2), and Three (3), more particularly described in Exhibit "C ", attached hereto and incorporated herein, shall be used and developed for standard Single Family Residential (SF -2) uses, except as modified in accordance with the development standards set forth in Exhibit "D ", attached hereto and incorporated herein. 5.2 Business Park 6. LOT SIZES 7. BUILDINGS Parcel Four (4), more particularly described in Exhibit "C ", shall be used for General Industrial (I -1), except as modified as Business Park uses in accordance with the development standards set forth in Exhibit "E ", attached hereto and incorporated herein. The minimum lot size and dimensions shall be regulated by the development standards set forth in Exhibits "D" and "E ", attached hereto. However, all Single Family developed areas may not exceed an average of four (4) units per developable acre. Building height and setbacks shall be regulated by the development standards set forth in Exhibits "D" and "E ", attached hereto. 8. LANDSCAPING and BUFFERING; PARKLAND DEDICATION 8.1 Landscaping and Bufferina Landscaping and buffering shall be regulated by the development standards set forth in Exhibits "D" and "E ", attached hereto. 5. 8.2 Parkland Dedication Dedication of parkland or payment of fees in lieu thereof shall be made to the City by the Owner with the final plat application of any single family residential property within the PUD. Such dedication will be in accordance with §8.615 of the City of Round Rock Subdivision Code and, in the case of Parcel 1, will include property for connection to the previously dedicated Open Space Lot 100, Block C, included in the subdivision plat of the Preserve at Stone Oak, Phase One, Section Four, a subdivision recorded in Cabinet S, Slides 7, 8 and 9 of the Plat Records of Williamson County, Texas. 9. PARKING AND LOADING Parking and loading shall be as provided in accordance with the development standards set forth in Exhibit "E ", attached hereto. 10. UTILITIES All utilities, other than existing overhead perimeter lines and lines which are three phase or larger shall be installed underground. 11. SIGN STANDARDS Sign Standards shall be as provided in accordance with the development standards set forth in Exhibit "E ", attached hereto. 12. FUTURE FIRE STATION LOCATION Parcel "X ", more particularly described in Exhibit "G ", attached hereto, shall be used and developed by the City for a future fire station location, pursuant to the City's schedule. The fire station site shall be dedicated by the Owner to the City at the time of recordation of the first plat for any property within this PUD. 6. 13. STREETS 13.1 Arterial H PUD 23 is bounded on the north by proposed Arterial H which is planned in the Transportation Master Plan to have a right of way of 100 ft. The owner of Parcel 1 shall dedicate 50 ft. of right -of -way along the proposed boundary of Arterial H by separate instrument prior to the recordation of the first final plat in Parcel 1. The owner of Parcel 1 shall provide the funding for the construction of Arterial H in an amount that totals 50% of the construction costs of Arterial H within the boundaries of the PUD prior to the recordation of each final plat. The prorated share shall be based on the percentage of roadway frontage for each final plat. No driveway access shall be permitted from any lot in Parcel 1 to Arterial H. 13.2 Secondary Access to Development In order to provide a secondary access for development within the PUD, the owner shall construct prior to the recordation of any final plat in Parcel 1 an east /west collector as generally shown in Exhibit "C" from either residential collector in the Preserve at Stone Oak Phase One /Two in a westerly direction to a. Vista Hills Blvd.; or b. FM 1431 via a north south collector as generally shown on Exhibit "C." Should the owner choose to connect the east -west collector to alternative b, both the east -west collector and the north -south collector shall be approved and constructed concurrently. No building permit within Parcel 1 shall be issued prior to the roadway construction of this secondary access system. 13.3 FM 1431 Driveway Spacing Spacing for intersecting driveways or street intersections along FM 1431 shall not be less than 400 ft. 7. 14. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN 14.1 Minor Changes Minor changes to this Agreement or Plan required by engineering or other circumstances which do not substantially change this Plan may be approved by the Director of Planning and the Director of Public Works. 14.2 Manor Changes Major changes shall be resubmitted following the same procedure required in the original PUD application. 14.3 Changes in Writing Neither this Agreement or Plan nor any provision hereof may be waived, modified, amended, discharged, or terminated except by an instrument in writing signed by the City and the current Owner. 15. PROPERTY OWNER'S ASSOCIATION 15.1 Review and Approval Before Recordation of Final Plat A Property Owner's Association shall be established at time of final platting of any Single Family Residential property located within the PUD. The Association's creation documents, including covenants and deed restrictions or amendments thereto, shall be submitted for review and approval to the Director of Planning and the City Attorney at the final plat stage. These documents shall be recorded with the final plat and shall contain all of the items listed in Exhibit "F ", attached hereto and incorporated herein, to insure incorporation of the items listed in Exhibit "F ". 15.2 Responsibilities of Association In addition to other responsibilities imposed on the Association in this Plan, the Association shall be responsible for maintaining all landscaping, irrigation systems, greenbelts, water quality ponds, and amenity areas within the plat not dedicated to the City. 15.3 Enforcement of Deed Restrictions The Property Owner's Association shall be the entity responsible for enforcing deed restrictions. Although the City reserves the right to review, approve and enforce deed restrictions as well as any amendments or modifications to the deed restrictions, it is not the intent of the City to assume responsibilities normally reserved to a Property Owner's Association. 8. 16. GENERAL PLAN AMENDED The Round Rock General Plan 2000 is hereby amended to reflect the provisions of this agreement. 17. BINDING EFFECT This Agreement and Plan binds and is to the benefit of the respective heirs, successors and assigns of the Owner. 18. EFFECT ON LIVING UNIT EQUIVALENTS.AND OTHER INFRASTRUCTURE The zoning of the Property as a PUD does not guarantee water and wastewater plant capacity or any rights to Living Unit Equivalents, as defined by the Code of Ordinances of the City of Round Rock. CITY OF ROUND ROCK m' RT A. STL / JR., MAYOR Date: 7 - a 5'00 TOM E. NELSON, JR. TRUSTEE NO. 1 By: U� /rtes /Iz Printed: Its: 9. CONTINENTAL HOMES OF TEXAS, L. P. A Texas limited partnership BY: CHTEX of Texas, Inc., a Delaware corporation, its Sole General Partner By: Terry ' . Mi ell Vice 'resid nt ESTATE OF PERRY O. MAYFIELD By: 24/0AS.... D Patricia B. Green, Executor 10 - K.C. ENGINEERING, INC. CONSULTING ENGINEERS AND SURVEYORS 1801 S. MOPAC SUITE 150 AUSTIN, TEXAS 78746 EXHIBIT " A " PARCEL 1 ZONING FIELD NOTES PHONE: (512) 306 -8585 FAX : (512) 330 -0737 EMAIL :info@kcengineering.com BEING ALL OF THAT CERTAIN 156.02 ACRE TRACT OR PARCEL OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212 IN WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF A REMAINDER OF A 1437.45 ACRE TRACT CONVEYED TO TOM E. NELSON, JR., TRUSTEE NO. 1, BY INSTRUMENT OF RECORD IN VOLUME 571, PAGE 446 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, A PORTION OF A 27.36 ACRE TRACT OF LAND CONVEYED TO PERRY 0. MAYFIELD BY INSTRUMENT OF RECORD IN VOLUME 2027, PAGE 763 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, A PORTION OF A 9.12 ACRE TRACT CONVEYED TO TOM E. NELSON, JR., BY INSTRUMENT OF RECORD IN VOLUME 1381, PAGE 662 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, A PORTION OF A 45.60 ACRE TRACT CONVEYED TO TOM E. NELSON, JR., BY INSTRUMENT OF RECORD IN VOLUME 1294, PAGE 38 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND ALSO A PORTION OF A 9.12 ACRE TRACT OF LAND CONVEYED TO M.J. COWAN AND N.G. WHITLOW BY INSTRUMENT OF RECORD IN VOLUME 1294, PAGE 45 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2" rebar with plastic cap set for the northwest corner of said 45.60 acre tract and the southwest comer of a 345.79 acre tract conveyed to Elmer L. McLester and Larry Grisham, Trustees, by instrument of record in Volume 713, Page 413 of the Official Records of Williamson County, Texas, being in the east line of a 191.27 acre tract of land conveyed to Tom. E. Nelson, Jr., Trustee, by instrument of record in Volume 970, Page 774 of the Official Records of Williamson County, Texas; THENCE North 69 °03'37" East, with the south line of said 345.79 acre tract, a distance of 2989.00 feet to a 1/2" rebar found for the southeast corner of the 345.79 acre tract and the southwest comer of a 1601.61 acre tract conveyed to Texas Crushed Stone by instrument of record in Volume 634, Page 366 of the Official Records of Williamson County, Texas; THENCE North 69 °08'44" East, with the south line of said 1601.61 acre tract, a distance of 3109.87 feet to a 1/2" rebar found for an angle corner in the south line of the 1601.16 acre tract, 1 of 3 in the west line of a 2023.28 acre tract conveyed to Texas Crushed Stone by instrument of record in Volume 880, Page 638 of the Official Records of Williamson County, Texas; THENCE, with the west line of said 2023.28 acre tract, the following two (2) courses: 1. South 20 °31'39" East a distance of 1211.88 feet to a 1/2" rebar found; 2. South 69 °54'24" West a distance of 1000.98 feet to a 1/2" rebar found for the northeast corner of a remainder of a 125.00 acre tract conveyed to Tom E. Nelson, Jr., Trustee No. 1, by instrument of record in Document No. 9708857 of the Official Records of Williamson County, Texas; THENCE, with the north line of the remainder of said 125.00 acre tract, the following two (2) courses: 1. South 70 °30'34" West a distance of 319.07 feet to a 1/2" rebar with plastic cap found; 2. South 43 °01'08" West a distance of 95.76 feet to a 1/2" rebar with plastic cap found for the point of curvature of a curve to the Left; THENCE with the north lines of the 125.00 acre tract and a 110.562 acre tract of land conveyed to Continental Homes of Austin, L.P., by instrument of record in Document No. 9843688 of the Official Records of Williamson County, Texas, the following four (4) courses: 1. Along said curve to the left, having a radius of 955.68 feet, a delta angle of 50 °04'45 ", an arc length of 835.31 feet and a chord which bears, North 76 °23'43" West a distance of 808.97 feet to a 1/2" rebar with plastic cap found for the point of tangency; 2. South 78 °36'16" West a distance of 440.65 feet to a 1/2" rebar with plastic cap found for the point of curvature of a curve to the left; 3. Along said curve to the left, having a radius of 938.70 feet, a delta angle of 29 °39'01 ", an arc length of 485.77 feet and a chord which bears, South 63 °47'05" West a distance of 480.37 feet to a 1/2" rebar with plastic cap found; 4. South 48 °56'55" West a distance of 520.81 feet to a cotton spindle found; THENCE with the west line of the 125.00 acre tract and crossing through said 110.562 acre tract, the following four (4) courses: 1. South 45 °00' 19" East a distance of 57.16 feet to a 1/2" rebar with plastic cap set; 2. South 05 °50'27" East a distance of 397.42 feet to a 1/2" rebar with plastic cap set; 2 of 3 3. South 20°10'22" East a distance of 376.66 feet to a 1/2" rebar with plastic cap found; 4. South 22 °58'45" East a distance of 48.24 feet to a 1/2" rebar with plastic cap found; THENCE South 79 °40'49" West, departing the west line of the 125.00 acre tract, along the 110.562 acre tract, and crossing through the remainder of said 1437.45 acre tract and said 27.36 acre tract, a distance of 1979.66 feet to a calculated point in the west line of the 27.36 acre tract and the east line of the 9.12 acre Nelson tract; THENCE North 21 °43'55" West, with the west line of the 27.36 acre tract and the east line of the 9.12 acre Nelson tract, a distance of 113.39 feet to a calculated point; THENCE North 04 °20'06" East, crossing through the 1437.45 acre tract and the 27.46 acre tract, a distance of 683.56 feet to a calculated point; THENCE South 88 °29'04" West, crossing through the 1437.45 acre tract, the 27.36 acre tract, the 9.12 acre Nelson tract, said 9.12 acre Cowan and Whitlow tract, and the 45.60 acre tract, a distance of 938.72 feet to a calculated point in the west line of the 45.60 acre tract and the east line of said 191.27 acre tract; THENCE, with the west line of the 45.60 acre tract and the east line of said 191.27 acre tract, the following three (3) courses: 1. North 21 °43'57" West a distance of 149.54 feet to a 1/2" rebar with plastic cap found; 2. North 18°22'27" West a distance of 113.76 feet to a 1/2" rebar with plastic cap found; 3. North 18 °20'26" West a distance of 116.28 feet to the POINT OF BEGINNING. Description based on an on- the - ground survey made during May 2000. Bearing Basis: East Line of the remainder of a 32.675 acre tract being South 21 °01'28" East as described in deed of record in Volume 2712, Page 702 of the Deed Records of Williamson Ccytltty, Texas. e Lt)edite.z. 27 cdatie- Ronnie Wallace Date Registered Professional Land Surveyor State of Texas No. 5222 Job Number: 438 -22 Attachments: Survey Drawing L:ICHTEX \PASOIDWGS\ZPARCELI.DWG File: L : \CHTEXIPASO\FNOTESIZPARCELI.FN 3 of 3 • K.C. ENGINEERING, INC. CONSULTING ENGINEERS AND SURVEYORS 1801 S. MOPAC SUITE 150 AUSTIN, TEXAS 78746 EXHIBIT " A " PARCEL 2 ZONING FIELD NOTES 1 of 2 PHONE: (512) 306 -8585 FAX : (512) 330 -0737 EMAIL :info@kcengineering.com BEING ALL OF THAT CERTAIN 30.70 ACRE TRACT OR PARCEL OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212 IN WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF A REMAINDER OF A 1437.45 ACRE TRACT CONVEYED TO TOM E. NELSON, JR., TRUSTEE NO. 1, BY INSTRUMENT OF RECORD IN VOLUME 571, PAGE 446 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, A PORTION OF A 27.36 ACRE TRACT OF LAND CONVEYED TO PERRY O. MAYFIELD BY INSTRUMENT OF RECORD IN VOLUME 2027, PAGE 763 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, A PORTION OF A 9.12 ACRE TRACT CONVEYED TO TOM E. NELSON, JR., BY INSTRUMENT OF RECORD IN VOLUME 1381, PAGE 662 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, A PORTION OF A 45.60 ACRE TRACT CONVEYED TO TOM E. NELSON, JR., BY INSTRUMENT OF RECORD IN VOLUME 1294, PAGE 38 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND ALSO A PORTION OF A 9.12 ACRE TRACT OF LAND CONVEYED TO M.J. COWAN AND N.G. WHITLOW 13Y INSTRUMENT OF RECORD IN VOLUME 1294, PAGE 45 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a point in the west line of said 45.60 acre tract being in the east line of a 191.27 acre tract of land conveyed to Tom E. Nelson, Jr., Trustee, by instrument of record in Volume 970, Page 774 of the Official Records of Williamson County, Texas, from which the northwest corner of the 45.60 acre tract bears, North 21 °43'57" West a distance of 149.54 feet, North 18 °22'27" West a distance of 113.76 feet, and North 18 °20'26" West a distance of 116.28 feet; THENCE North 88 °29'04" East, crossing through the 45.60 acre tract, said 9.12 acre Cowan and Whitlow tract, said 9.12 acre Nelson tract, said 27.36 acre tract and said 1437.45 acre tract, a distance of 938.72 feet to a calculated point; THENCE South 04 °20'06" West, crossing through the remainder of 1437.45 acre tract and the 27.36 acre tract, a distance of 683.56 feet to a calculated point in the west line of the 27.36 acre tract and the east line of the 9.12 acre Nelson tract; THENCE South 21 °43'55" East, with the west line of the 27.36 acre tract and the east line of the 9.12 acre Nelson tract, a distance of 1285.26 feet to a calculated point; THENCE South 70 °22'31" West, crossing through the 9.12 acre Nelson tract, the 9.12 acre Cowan and Whitlow tract and the 45.60 acre tract, a distance of 599.62 feet to a calculated point in the west line of the 45.60 acre tract and the east line of Vista Oaks 1A & 1B Revised a subdivision of record in Cabinet J, Slides 189 -194 of the Plat Records of Williamson County, Texas; THENCE North 20 °04'30" West, with the west line of the 45.60 acre tract and the east line of said Vista Oaks lA & 1B Revised, a distance of 647.16 feet to a 1 /2" rebar found for the common corner of Lots 14 and 15, Block E, Vista Oaks lA & 1B Revised, and the reputed common survey corner of the John D. Anderson Survey Abstract 16 and the Washington Anderson Survey Abstract 15; THENCE North 21 °43'57" West, with the west line of the 45.60 acre tract and the east line of said 191.27 acre tract, a distance of 1554.74 feet to the POINT OF BEGINNING. Description based on an on- the - ground survey made during May 2000. Bearing Basis: East Line of the remainder of a 32.675 acre tract being South 21 °01'28" East as described in deed of record in Volume 2712, Page 702 of the Deed Records of Williamson County, Texas. g .e 1��7,.� ads Ronnie Wallace Date Registered Professional Land Surveyor State of Texas No. 5222 Job Number: 438 -22 Attachments: Survey Drawing L: \CHTEX \PASO\DWGSIZPARCEL2.DWG File: L :\CHTEXIPASO \FNOTESIZPARCEL2.FN 2 of 2 • K.C. ENGINEERING, INC. CONSULTING ENGINEERS AND SURVEYORS 1801 S. MOPAC SUITE 150 AUSTIN, TEXAS 78746 EXHIBIT " A " PARCEL 3 ZONING FIELD NOTES PHONE: (512) 306 -8585 FAX : (512) 330 -0737 EMAIL :infoOkcengineering.com BEING ALL OF THAT CERTAIN 24.06 ACRE TRACT OR PARCEL OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212 IN WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF A 27.36 ACRE TRACT OF LAND CONVEYED TO PERRY O. MAYFIELD BY INSTRUMENT OF RECORD IN VOLUME 2027, PAGE 763 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, A PORTION OF A 9.12 ACRE TRACT CONVEYED TO TOM E. NELSON, JR., BY INSTRUMENT OF RECORD IN VOLUME 1381, PAGE 662 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, A PORTION OF A 45.60 ACRE TRACT CONVEYED TO TOM E. NELSON, JR., BY INSTRUMENT OF RECORD IN VOLUME 1294, PAGE 38 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND A PORTION OF A 9.12 ACRE TRACT OF LAND CONVEYED TO M.J. COWAN AND N.G. WHITLOW BY INSTRUMENT OF RECORD IN VOLUME 1294, PAGE 45 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1 /2" rebar found at the northwest comer of a 11.74 acre tract conveyed to Westside Church of Christ of Williamson County, Inc., by instrument of record in Volume 2585, Page 532 of the Official Records of Williamson County, Texas, being in the west line of said 45.60 acre tract, and the east line of Vista Oaks lA & 1B Revised, a subdivision of record in Cabinet J, Slides 189 -194 of the Plat Records of Williamson County, Texas; THENCE along the west line of the 45.60 acre tract and the east line of said Vista Oaks IA & 1B Revised, the following three (3) courses: 1. North 20 °01'24" West a distance of 178.55 feet to a calculated point; 2. North 20 °04'08" West a distance of 850.40 feet to a calculated point; 3. North 20 °04'30" West a distance of 304.88 feet to a calculated point; THENCE North 70 °22'31" East, departing the west line of the 45.60 acre tract and the east line of Vista Oaks IA & 1B Revised, and crossing through the 45.60 acre tract, said 9.12 acre Cowan 1 of 2 and Whitlow tract, said 9.12 acre Nelson tract and said 27.36 acre tract, a distance of 785.40 feet to a calculated point; THENCE South 20 °04'21" East, crossing through the 27.36 acre tract, a distance of 1334.47 feet to a calculated point; THENCE South 70°25'16" West, crossing through the 27.36 acre tract, the 9.12 acre Nelson tract, the 9.12 acre Cowan and Whitlow tract and the 45.60 acre tract, passing a 1/2" rebar found for the northeast corner of said 11.74 acre tract at a distance of 190.82 feet, and continuing for a total distance of 785.60 feet to the POINT OF BEGINNING. Description based on an on- the - ground survey made during May 2000. Bearing Basis: East Line of the remainder of a 32.675 acre tract being South 21 °01'28" East as described in deed of record in Volume 2712, Page 702 of the Deed Records of Williamson County, Texas. /24, e 7-7 Ronnie Wallace Date Registered Professional Land Surveyor State of Texas No. 5222 Job Number: 438 -22 Attachments: Survey Drawing L:ICHTEXIPASOIDWGSIZPARCEL3.DWG File: L:ICHTEXIPASOIF NOTESIZPARCEL3.FN 2 of 2 K.C. ENGINEERING, INC. CONSULTING ENGINEERS AND SURVEYORS 1801 S. MOPAC SUITE 150 AUSTIN, TEXAS 78746 EXHIBIT " A " PARCEL 4 ZONING FIELD NOTES PHONE: (512) 306 -8585 FAX : (512) 330-0737 EMAIL info@kcengineering.com BEING ALL OF THAT CERTAIN 164.50 ACRE TRACT OR PARCEL OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212 IN WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF A REMAINDER OF A 1437.45 ACRE TRACT CONVEYED TO TOM E. NELSON, JR., TRUSTEE NO. 1, BY INSTRUMENT OF RECORD IN VOLUME 571, PAGE 446 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, A PORTION OF A 27.36 ACRE TRACT OF LAND CONVEYED TO PERRY O. MAYFIELD BY INSTRUMENT OF RECORD IN VOLUME 2027, PAGE 763 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, A PORTION OF A 9.12 ACRE TRACT CONVEYED TO TOM E. NELSON, JR., BY INSTRUMENT OF RECORD IN VOLUME 1381, PAGE 662 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, A PORTION OF A 45.60 ACRE TRACT CONVEYED TO TOM E. NELSON, JR., BY INSTRUMENT OF RECORD IN VOLUME 1294, PAGE 38 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND A PORTION OF A 9.12 ACRE TRACT OF LAND CONVEYED TO M.J. COWAN AND N.G. WHITLOW BY INSTRUMENT OF RECORD IN VOLUME 1294, PAGE 45 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1 /2" rebar found at the southeast corner of a 11.74 acre tract of land conveyed to Westside Church of Christ of Williamson County, Inc., by instrument of record in Volume 2585, Page 532 of the Official Records of Williamson County, Texas, being the southwest corner of said 27.36 acre tract, and being in the northerly right -of -way line of F.M. 1431 (200' R.O.W.); THENCE North 20 °59'03" West, with the west line of the 27.36 acre tract and the east line of said 11.74 acre tract, a distance of 849.73 feet to a 1 /2' rebar with plastic cap found; THENCE crossing the 27.36 acre tract, the following three (3) courses: 1. North 70 °25' 16" East a distance of 190.82 feet to a calculated point; 2. North 20 °04'21" West a distance of 1334.47 feet to a calculated point; 1 of 3 3. South 70 °22'31" West a distance of 185.78 feet to a calculated point in the west line of the 27.36 acre tract and the east line of said 9.12 acre Nelson tract; THENCE North 21 °43'55" West, with the west line of the 27.36 acre tract and the east line of the 9.12 acre Nelson tract, a distance of 1171.87 feet to a calculated point; THENCE North 79 °40'49" East, crossing through the 27.36 acre tract and the remainder of said 1437.45 acre tract, a distance of 1979.66 feet to a 1 /2" rebar with plastic cap found for an angle corner in the westerly line of a 110.562 acre tract of land conveyed to Continental Homes of Austin, L.P., by instrument of record in Document No. 9843688 of the Official Records of Williamson County, Texas, being the westerly line of a 125.00 acre tract of land conveyed to Tom E. Nelson, Jr., Trustee No. 1, by instrument of record in Document No. 9708857 of the Official Records of Williamson County, Texas; THENCE with the common westerly lines of said 110.562 acre tract and said 125.00 acre tract, the following eleven (11) courses: 1. South 22 °58'45" East a distance of 581.40 feet to a 1/2" rebar with plastic cap found; 2. South 55 °21'14" East a distance of 171.38 feet to a 1/2" rebar with plastic cap found; 3. South 24 °51'35" East a distance of 167.86 feet to a 1/2" rebar with plastic cap found; 4. South 66 °30'43" East a distance of 149.15 feet to a 1/2" rebar with plastic cap found; 5. South 35°39'19" East a distance of 130.49 feet to a 1/2" rebar with plastic cap found; 6. South 62 °50'36" East a distance of 81.96 feet to a 1/2" rebar with plastic cap found; 7. South 41 °31'34" East a distance of 401.19 feet to a 1/2" rebar with plastic cap found; 8. South 24 °34'24" East a distance of 167.36 feet to a 1/2" rebar with plastic cap found; 9. South 16 °33'05" West a distance of 75.30 feet to a 1/2" rebar with plastic cap found; 10. South 07 °51'52" East a distance of 181.08 feet to a 1/2" rebar with plastic cap found; 11. South 72 °49'54" East a distance of 304.53 feet to a cotton spindle found for the northwest corner of Lot 26, Block G, Stone Oak at Round Rock Section 1 Amended, a subdivision of record in Cabinet M, Slide 354 of the Plat Records of Williamson County, Texas; THENCE with the west line of said Lot 26, Block G, Stone Oak at Round Rock Section 1 Amended, the following three (3) courses: 2 of 3 1. South 25 °31'53" East a distance of 133.95 feet to a 1/2" rebar with plastic cap found; 2. South 36 °34' 12" East a distance of 191.41 feet to a 1/2" rebar with plastic cap found; 3. South 43 °54'18" East a distance of 642.44 feet to a 1/2" rebar with plastic cap found for the southwest corner of Lot 26, Block G, Stone Oak at Round Rock Section 1 Amended, in the north right -of -way line of F.M. 1431 and the south line of the 1437.45 acre tract; THENCE South 70 °22'58" West, with the north right -of -way line of F.M. 1431 and the south line of the remainder of the 1437.45 acre tract, a distance of 2895.77 feet to the POINT OF BEGINNING. Description based on an on- the - ground survey made during May 2000. Bearing Basis: East Line of the remainder of a 32.675 acre tract being South 21 °01'28" East as described in deed of record in Volume 2712, Page 702 of the Deed Records of Williamson County, Texas. A.c O E F tri Ronnie Wallace Date \ ROWE WALLAa Registered Professional Land Surveyor State of Texas No. 5222 Job Number: 438 -22 Attachments: Survey Drawing L: \CHTEX\PASO \DWGS \ZPARCEL4.DWG File: L: \CHTEX\PASO\F NOTES \ZPARCEL4.FN 3 of 3 is 5222 9 4 , . °"�i 5uP ' 06- JUN -2000 09:40 FROM SERBOURN PRIDE STATE OF TEXAS COUNTY OF WILLIAMSON That we, Tom E. Nelson, Jr. Trustee No.1, Tom E. Nelson, Jr., Continental Homes of Texas, L. P., Thc Estate of Perry O. Mayfield and Thc Estate of Vivien L. Mayfield, the outright owners of Use certain tract in Volume , Page , Volume Page , Volume , Page , of the Official Records of Williamson County, Texas do hereby state there arc no lien holders of the certain tract of land. THE STATE COUNTY OF OF This inscumcat was acknowledged before me on the j day of Jr., Managing Venturer of Tom E. Nelson, Jr. Trustee No. L Jr. CINDY L. HARRINGTON Notary Pudic, State of Texas My Commission Expires SEPTEMBER 17, 2003 7 CINDY L. HARRINGTON Notary Public, Slate otTexas 1 My Cammsslan Expires SEPTEMBER 17, 2003 EXHIBIT "B" § TOM E. NELSON, JR. TRUSTEE NO. 1 By THE STATE OF COUNTY OF This inswment was ackoowlalged before me on the day of 2000, by Tom E. Nelson, - 7 TO 171d34bnbnii • Notary Pubii •, State of Printed Name: My commission expires: 2000, by Tom E. Nelson, Ayearkhoga Notary Publi State of 1 Printed Name: My commission expires: r. n7 STATE OF TEXAS § COUNTY OF TRAVIS § SHARON L CAMPBELL Notary Pubic, stated Texas My Co 6pxee JUNE29, 2002 STATE OF TEXAS COUNTY OF TRAVIS CONTINENTAL HOMES OF TEXAS, L. P. A Texas limited partnership BY: CHTEX of Texas, Inc., A Delaware corporation, Its Sole General Partner This instrument was acknowledged before me on this b /6 day of JUl ,, , 2000, by Terry E. Mitchell, Vice President of CHTEX of Texas, Inc., a Delaware corporation, sole General Partner of Continental Homes of Texas, L. P., a Texas limited partnership, on behalf of said partnership. ESTATE OF PERRY O. MAYFIELD By: 18 By: 1...r E. Mitchell President Notary Public, State of ' ei5 Printed Name: ,Sharon C. ( pk I/ My commission expires: (e /2f /2c Z Patricia B. Green, Executor This instrument was acknowledged before me on this (p day of Jet Green, Executor of the Estate of Perry O. Mayfield, on alf of s - . tate Notary Public, State /�_�, Printed Name: lirral [. of f"" My commission expires: (r /79/200Z , 2000, by Patricia B. EXHIBIT "C" (MAP OF SITE) 19 L PARCEL 2 30, 70 ACRES SINGLE FAMILY PARCEL 3 24.08 ACRES SINGLE FAMILY NONE 0U101 Of 0•41 Of l JJl 10..1v...c z z 0 SINGLE FAMILY PARCEL 4 164,50 ACRES CAMPUS BUSINESS PARK V ARTERIAL H, 100' ROW PARCEL 1 156.02 ACRES TOM TEL SO TRUSTEE NO. . 1 1 125.00 ACRES . 1431 CONTINENTAL HOMES OF AUSTIN, L.P. 110.562 ACRES r STONE OAK AT ROUND ROCK SECTION I AMENDED CABINET M, SLIDE 354 l SINGLE FAMILY FIRE STATION TRACT J 6 . SCALE; 1' 700' EXHIBJ1 2. DENSITY: EXHIBIT D DEVELOPMENT STANDARDS SINGLE FAMILY RESIDENTIAL 1. PERMITTED USE: Single Family Residential. 2.1 Minimum Lot Size: 6,500 square feet, with lots within each preliminary plat averaging at least 7,000 square feet. 2.2 Minimum Lot Frontage: 50 feet (measured at the front building line). 2.3 Overall Density: The overall density for Single Family Residential shall not exceed four (4) units per developable acre. 3. BUILDINGS SETBACKS All setbacks shall be in accordance with the provisions and requirements of the City of Round Rock Zoning Ordinance for District SF -2 (Single Family - Standard Lot). 4. STREETS AND UTILITIES: 4.1 Access: No direct driveway access shall be permitted to Wyoming Springs Drive. 4.2 Underground Electric and Utility Lines: Except where approved in writing by the Director of Public Works, all electrical, telephone and cable vision distribution and service lines, other than currently existing overhead lines and lines three phase or larger, shall be installed underground. No ground- anchored antennas or rooftop antennas over four (4) feet in height shall be allowed. 5. FENCING: All perimeter fences shall be constructed pursuant to Section 8.616 of the Code. C: \TE %T \Sepuds \MAYFI ELD.E %H /cdc 6. Landacavina: If there is no tree of 4" caliper or greater within the required front yard, each builder, prior to issuance of Certificate of Occupancy, shall plant two trees within the building setback area of the front yard. These trees shall be a minimum of Two inch (2 ") caliper container grown and may be a mixture of any of the following trees: all variety of oaks, elms, pecan and sycamore or trees of equal quality. 1. PERMITTED USES: 1.1 EXHIBIT E DEVELOPMENT STANDARDS BUSINESS PARK Primary Uses: Office, office /warehouse, research & development, technical schools, and light manufacturing and assembly conducted wholly within a building. 1.2 Secondary uses: Caretakers residence, the sale of goods produced or assembled on site, and day care and other employee services, related to its primary use. 2. PROHIBITED USES: Including, but not limited to, automotive and machinery repair, automotive and machinery painting, wrecking yard, sexually oriented businesses, mini - warehouses, wholesale nurseries, truck terminals, and heavy vehicle maintenance. 3. OUTDOOR STORAGE: No outdoor storage of materials or equipment shall be permitted in any front yard, side street yard or buffer yard. Any outdoor storage on any other portion of the property shall be fully screened so as to not be visible from abutting properties or city streets. All screening shall be approved by the Director of Planning prior to issuance of building permit. 4. INTERPRETATION OF USE: Interpretation of uses not clearly permitted or prohibited shall be made in writing by the Director of Planning. A copy of interpretations shall be provided to the owner and the City Building Inspector. 5. DENSITY: Minimum lot size five (5) acres. 6. BUILDINGS SETBACKS AND HEIGHT: 6.1 Front yard setback - 75 feet. 6.2 Rear yard setback - 50 feet. 6.3 Side yard setback (internal) - 25 feet. 6.4 Side yard (street) setback - 75 feet for side yards along FM 1431, Wyoming Springs Drive or the primary 7. SIGN REGULATIONS: North -South connector which connects FM 1431 to Wyoming Springs Drive, tracts abutting residential areas and 50 feet for all other side yards. 6.5 Height - Building height shall be limited to two stories. 7.1 All free standing signs shall be Monument signs as defined in the Code. 7.2 Free standing signs shall not exceed six feet in height. 7.3 Free standing signs shall not restrict visibility for traffic entering or leaving the site. 7.4 One free standing sign shall be permitted per lot. The maximum area of the sign, defined as the area contained within a polygon containing the actual lettering and any logo, shall be fifty square feet. Small signs to direct clients or delivery trucks will be permitted if approved in writing by the Director of Planning. 7.5 Area Identification Signs, as defined in the Code of Ordinances, shall be permitted. 8. LANDSCAPING & BUFFERING: 8.1 Any parcel which abuts a residential lot shall provide a seventy -five (75) foot wide landscaped buffer which preserves the natural tree cover and contains vegetative landscaping and screening adequate to buffer adjacent residential development from industrial uses. A site plan shall be approved prior to the issuance of a building permit. 8.2 The height of the berm, as required in Section 9 below, shall be a minimum of three (3) feet in height and shall be landscaped to provide a complete visual screen of any parking, loading or storage areas. A site plan shall be approved by the Director of Planning prior to the issuance of any building permit. The Director of Planning should review the landscaping, elevations and abutting uses to ensure that the required visual screen shall be provided. Trees shall be planted no less than thirty feet apart. review the landscaping, elevations and abutting uses to ensure that the required visual screen shall be provided. 9. PARKING & LOADING REQUIREMENTS: 9.1 The number of parking and loading spaces shall be provided in accordance with the current standards set forth in the Code. 9.2 No parking or loading shall be permitted in any required front yard or street side yard, except that visitor parking may be permitted in up to twenty -five percent of the street yard, exclusive of driveways, if a landscaped screen and berm is first approved in writing by the Director of Planning and is installed in accordance with Section 8.2, above. 10. SERVICE AND LOADING AREAS: 10.1 Screening Required: No dock high loading area is permitted unless such area is visually screened from public view. 10.2 Delivery Vehicles: All delivery and utility vehicles stored on -site must be inside a closed building or within a screened portion of the site. 10.3 Trash Storage: Refuse storage enclosures are required for all buildings. Enclosures must be of sufficient height to screen all refuse containers completely 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, stone, masonry, wood, steel, etc.) which are compatible with the building it serves. Refuse storage areas must be designed to contain all refuse generated on -site between collections. 10.4 Street Level Mechanical Equipment: All ground - mounted service equipment (e.g. air conditioners, 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. 10.5 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. If roof decks with mechanical units are visible from up to 14 feet above finished first floor grade of adjacent buildings, the mechanical units must be screened and painted to match the finished roof material. The following items shall be included in the restrictive covenants which shall be recorded with a final plat for Single Family lots. 1. Amendment: The Declaration shall state that it may be amended by recording an instrument in the Williamson County Official Records executed by the appropriate authority if approved by Owners and the Mayor of Round Rock, on behalf of the Round Rock City Council, if any amendment pertains to any item in this Exhibit. 2. Garages and Driveways: All garages shall comply with all other restrictions, covenants, conditions and limitations on usage herein provided for other improvements in the Subdivision. All garages shall be suitable for not less than two (2) automobiles. All single family lots shall provide a minimum of four (4) parking spaces, two of which may be in the garage. No garages shall be converted into bedrooms, dens, studios or any living areas for the occupants, provided however, that builders may temporarily convert the garage of a model home, but the City of Round Rock shall not be obligated to issue a certificate of occupancy, or permanently provide utilities until said garage is re- converted for the parking of automobiles. 3. Construction: All buildings shall be constructed of at least seventy -five (75 %) masonry on the first floor. The front facade shall be one hundred (100%) percent masonry (excluding gables, doors, windows, vents and trim) up to the top plate of the first floor. No four foot by eight foot wood or wood composite panels shall be used for siding. Only washboard style or other quality wood or wood composite materials, placed in a horizontal fashion, shall be used on the exterior of the building. 4. Parkina Restrictions: EXHIBIT F No recreational vehicles, boats or trailers shall be permitted to be parked within the development unless they are parked in a garage and the garage doors remain closed, except when in use. 5. Signs• 5.1 Entry Signs All entry signs shall be constructed of low maintenance materials approved in advance by the Director of Planning. In the event that the sign is not properly maintained, the city may give the sign owner written notice that repairs must be made within 14 business days of notification or the City shall have the right, but not the obligation, to have the repairs made and charged to the owner. 5.2 Prohibited Signs Prohibited signs include bench signs, billboards, signs with flashing or blinking lights or mechanical movement, dayglo colors, signs that make or create noise, animated or moving signs, exposed neon illumination, painted wall signs, pennants, trailer signs, beacons, and any sign that obstructs the view in any direction of an intersection. Appropriate materials shall be made of masonry with a maximum height of six feet. 5.3 Sign Maintenance The Property Owners Association shall own and maintain all signs. 6. Homeowners Association Responsibilities The Property Owners Association shall be responsible for enforcing the deed restrictions and restrictive covenants. Although the City reserves the right to enforce any provisions required by this PUD, it is not the intent of the City to assume responsibilities normally reserved to the Property Owners Association. • Date: July 21, 2000 Subject: City Council Meeting - July 25, 2000 Item: 12.A.1. Consider an ordinance to amend the agreement for Planned Unit Development No. 23 (The Preserve at Stone Oak). (First Reading) The proposed land use complies with the adopted General Plan. On July 5, 2000, the Planning and Zoning Commission recommended rezoning of this tract of land. Applicant: Continental Homes of Texas, L.P. Staff Resource Person: Joe Vining, Planning Director. PRESERVE AT STONE OAK ZONING CHANGE