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Z-02-03-14-12C4 - 3/14/2002
:: OD" A\X DRLDOX\ 0. \WDOX \ORDI"A"C \020314C4.NPD /cdc ORDINANCE NO. 2.' © -0344- /aC AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.305(2), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO ZONE 22.06 ACRES OF LAND OUT OF THE ROBERT MCNUTT SURVEY, ABSTRACT 422, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS PLANNED UNIT DEVELOPMENT (PUD) NO. 49. WHEREAS, an application has been made to the City Council of the City of Round Rock, Texas to amend the Official Zoning Map to zone the property described in Exhibit "1" as Planned Unit Development (PUD) No. 49, said exhibit being attached hereto and incorporated herein, and WHEREAS, the City Council has submitted the requested change in the Official Zoning Map to the Planning and Zoning Commission for its recommendation and report, and WHEREAS, the Planning and Zoning Commission held a public hearing concerning the requested change on the 17th day of January, 2001, following lawful publication of the notice of said public hearing, and WHEREAS, after considering the public testimony received at such hearing, the Planning and Zoning Commission has recommended that the Official Zoning Map be amended so that the zoning classification of the property described in Exhibit "1" be changed to PUD No.49, and WHEREAS, on the 14th day of March, 2002, after proper notification, the City Council held a public hearing on the requested amendment, and WHEREAS, the City Council determines that the zoning provided for herein promotes the health, safety, morals and protects and preserves the general welfare of the community, and WHEREAS, each and every requirement set forth in Chapter 211, Sub - Chapter A., Texas Local Government Code, and Section 11.300, Code of Ordinances (1995 Edition), City of Round Rock, Texas concerning public notices, hearings, and other procedural matters has been fully complied with, Now Therefore BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT: That the City Council has hereby determined the Planned Unit Development (PUD) No. 49 meets the following goals and objectives: (1) The development in PUD No. 49 is equal to or superior to development that would occur under the standard ordinance requirements. (2) P.U.D. No. 49 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) P.U.D. No. 49 does not have an undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and general welfare. 2. (4) P.U.D. No. 49 will be adequately provisioned by essential public facilities and services including streets, parking, drainage, water, wastewater facilities, and other necessary utilities. (5) P.U.D. No. 49 will be constructed, arranged and maintained so as not to dominate, by scale and massing of structures, the immediate neighboring properties or interfere with their development or use in accordance with any existing zoning district. II. That the Official Zoning Map adopted in Section 11.305(2), Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended so that the zoning classification of the property described in Exhibit "1 ", attached hereto and incorporated herein shall be, and is hereafter designated as Planned Unit Development (PUD) No. 49, and that the Mayor is hereby authorized and directed to enter into the Agreement and Development Plan for PUD No. 49 attached hereto as Exhibit "2 ", which agreement shall govern the development and use of said property. III. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. 3. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED, and ADOPTED on first reading this / day ATTEST: , 2002. Alternative 2. READ and APPROVED on first reading this the day of , 2002. READ, APPROVED and ADOPTED on second reading this the day of , 2002. /lJKd!/ fix/ /(2,' V • ` CHRISTINE R. MARTINEZ, Ci ty Secreta 4. RO T•T A. STLUKA, ., Mayor City of Round Rock, Texas 22.06 Acre Tract Page 1 of 2 EXHIBIT } ti . I ft FOR A 22.06 ACRE TRACT OF LAND SITUATED IN THE ROBERT MCNUTT SURVEY, ABSTRACT NO 422, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 93 13 ACRE TRACT OF LAND AS DESCRIBED IN THAT DEED TO BARNES 93 ACRES. LTD., ET AL. BY INS 1'RUMENT RECORDED AS DOCUMENT NO. 9911566 OF THE OFFICIAL RECORDS OF SAID COUNTY AND AS DESCRIBED 1N THAT DEED TO JAMES D. GRESSETT BY INSTRUMENT RECORDED AS DOCUMENT NO. 2000004166 OF THE OFFICIAL RECORDS OF SAID COUNTY, SAID 22.06 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod with a TxDot aluminum cap found on the east line of said 93.13 Acre Tract, and on the west line of a called 206.29 Acre Tract, (Tract 1), of land as described in that deed to Beverly Johnson Gordon by instrument recorded as Document No. 9835986 of the Official Records of said county, and for the northeast corner of a called 3.167 Acre Tract, (Parcel No. 6), of land as described in that right of entry, possession, and construction easement to Williamson County, Texas, by instrument . recorded as Document No. 2000004168 of the Official Records pf said county, and for the southeast cornet and POINT OF BEGINNING of the herein described tract, from which an iron rod set for the northeast cone of said 93.13 Acre Tract bears NO2 °22'33"W a distance of 2,652.43 feet and from which the southeast comer of said 93.13 Acre Tract bears S02°23'33"E a distance of 105.99 feet; THENCE with the north line of said 3.167 Acre Tract, through said 93.13 Acre Tract, with the south line of the herein described tract, the following three (3) courses and distances: - - - 1. With the arc of a curve to the left, passing at an arc distance of 135.70 feet a Type II TxDot monument found, in all for a total arc distance of 800.38 feet, with a central angle of 04 °00'56 ", a radius of 11,420 feet and a chord which bears S78 °11'20"W for a distance of 800.21 feet to a Type II TxDot monument found for the end of said curve and an angle point, 2. S13 °49'17"E for a distance of 20.01 feet to a Type II TxDot monument found for a point of curvature, With the arc of a curve to the left, passing at an arc distance of 349.06 feet a Type II TxDot monument found, in all for a total arc distance of 626,32 feet with a central angle of 03 °08'52 ", a radius of 11;400 feet and a chord which bears S74 ° 35'38"W for a distance of 626.24 feet to a Type II TxDot monument found, on the north right -of -way line of U.S. Highway 79, (right -of -way width varies), for the northwest comer of said 3.167 Acre Tract, and the most southerly southwest comer of the herein described tract; THENCE with the south boundary line of said 93.13 Acre Tract, and the north right-of- way line of U.S. Highway 79, N54 °21'06 "W for a distance of 9.36 feet to a Type II TxDot monument found on the east right -of -way of County Road 122, (right -of -way width varies), for the most westerly southwest corner of the said 93.13 Acre Tract, and for the most westerly southwest comer of the herein described tract, THENCE departing said north right -of -way line of U.S. Highway 79, with the west boundary line of said 93.13 Acre Tract, and the east right -of -way line of County Road 122, NO2 °43'25"W for a distance of 639.07 feet to an iron rod set for the south corner of that certain 2.301. Acre Tract of land described in a right of entry, possession, and construction easement to Williamson County, Texas, by instrument recorded as Document No, 2000004168 in the Official Records of said county; 22.06 Acre Tract Page 2 of 2 THENCE through said 93.13 Acre Tract, with the east line of said 2.301 Acre Tract and the west line of the herein described tract, the following two (2) courses and distances: I. With the arc of a curve to the left having an arc length of 245.92 feet, with a central angle of 23 °07'31 ", a radius of 609.30 feet and a chord which bears N08 °44'06 "E for a distance of 244.26 feet to an iron rod set for a point of tangency, 2. NO2 °49'40 "W for a distance of 121.54 feet to an iron rod set for the northwest comer of the herein described tract; THENCE leaving the east line of said 2.301 Acre Tract and continuing through the interior of said 93.13 Acre Tract the following five (5) courses and distances: 1. N87 °10'20 "E for a distance of 200.00 feet to an iron rod set on an angle point of the herein described tract, 2. S02 °49'40 "E for a distance of 100.00 feet to an iron rod set on an angle point of the herein described tract, 3. N87 °10'20 "E for a distance of 834.92 feet to an iron rod set on an angle point of the herein described tract, 4. S02 °22'33 "E for a distance of 319.35 feet to an iron rod set on an angle point of the herein described tract, 5. N87 °37'27 "E for a distance of 325.00 feet to an iron rod set on the east boundary line of said 93.13 Acre Tract, same being on the west boundary line of said 209.26 Acre Tract, (Tract 1), for the most easterly northeast corner of the herein described tract; THENCE with the east boundary line of said 93.13 Acre Tract, same being the west boundary line of said 206.29 Acre Tract, S02 °22'33'E for a distance of 302.87 feet to the POINT OF BEGINNING of the herein described tract, and containing 22.06 Acres of Land, more or less. Survey under the direct supervision of the undersigned: Layer A. Hunt Registered Professional Land Surveyor No.4328 BAKER - AICKLEN & ASSOCIATES, INC. 203 E. Main Street, Suite 201 Round Rock, Texas 78664 x'\597- 706\field notes 9 -26-00 Date , sK UCH TO ACCOMPANY FIELD M TUU WILLIAMSON COUNT, TEXAS R10NT OF ENTER?, POSSESSION CON DOC. 02000004169 4EMT 2.301 ACRES ,44001. NO. • NUMBER 1.l L2 L3 L4 LS L6 L7 LB DIRECTION S 0..017 N 02 N N 97 E 3 0 E 3 87 v N 04 N 3 02 E N 34.34 ENS TANCE 2038' 12054' 200.00' 100.00' 3008' • 9.36' 103.99' 92.32' LEGEND IRON ROD W /ALUMINUM CAP • IRON R00 SET 0 IRON R00 FOUND • CONC.100NUNEN2 001.610 • POINT OF BEGINNING 0.0.1 RECORD NFOR16011061 ( ) �1 a 46EARN0 BASIS - THE CNORD BCAROI8 OF A 600.30 F00? ARC PER DOCUMENT N0. 200000/160 OF 111E OFFICIAL RECORDS OF N6LIAMSON COUNTY. TEXAS As 004010040 8Y: 1.8006304 A. Hunt, R.P.L.S., Number 4328 203 E. Main St., Suits 201 Round Rack, TX 78664 BARNS' 93 ACRES LTD., Er AL. 00c. 0998066 AND 000. /2000004166 0E A CALLED 93.13 ACRE TRACT MCNUTT 10 008 J. SLO 00 I2 1.1 0012 N e1 E NASA' BEVERLY 40104000 CORDON 00C. #9033903 206.29 ACRES TRACT 3 U s. NIOHNA5 79 D010 File: 597-706 -29 87: 8 JOHNSON A• 1la.fo' R 9E4RN4 BASIS NRLIAMSON COUNTY. TEXAS R10NT W ENTERY. POSSESSION. CONSTRUCTION DOE. /2000004108 3.147 ACRES PARCEL NO. 6 NUMBER CI 02 C3 C. CS C6 OEL TA 04 03.06'32• 23 00•30'06" 0,51'22" 03.46'00" C00R0 BEARING a 76 v 3 73.35'38` v N 08 E N 60 3 76.1119" 9 S 7 RADIUS' P420..00 6 /00.00 609.30 040000 4524.16 830015 ARC 600.30 696.32 243.92 99.97 37/.49 7!7.50 CHORE' 900.21 626.2• 244,26 99.97 51403 737.36 Baker - Alcklen & Assoclatoo, Inc. Engineers / s11rooyor9 Eke m•. N: \PROJECTS \94RNES93 \93ACBASE EXHIBIT "2" AGREEMENT AND DEVELOPMENT PLAN FOR THE PIONEER CROSSING, PUD NO. 49. THE STATE OF TEXAS COUNTY OF WILLIAMSON THIS AGREEMENT and Development Plan is made and entered by and between the City of Round Rock, Texas, a Texas municipal corporation, having its offices at 221 East Main Street, Round Rock, Texas 78664 (hereinafter referred to as the "City"), and John C. Lewis and Jimmy Nassour (Hereinafter referred to as the "Owner "). WHEREAS, the Owner has submitted a request to the City to rezone approximately 22.06 acres of land as a Planned Unit Development ( "PUD "), said acreage being more particularly described by metes and bounds in Exhibit "A" attached hereto and made a part hereof (hereinafter referred to as the "Property "), and WHEREAS, pursuant to Chapter 11, Section 11.316(8), Code of Ordinances (1995 Edition), City of Round Rock, Texas, the Owner has submitted a Development Plan setting forth, the development conditions and requirements within the PUD, which Development Plan is contained in Section II of this Agreement; and WHEREAS, on January 17, 2001, the City's Planning and Zoning Commission recommended approval of the Owner's application for a PUD. NOW THEREFORE BY THIS AGREEMENT WITNESSETH that, in consideration of the covenants and conditions set forth herein, the City and the Owner agree as follows: GENERAL PROVISIONS 1. CONFORMITY WITH DEVELOPMENT PLAN That all uses and development within the Property shall conform to the Development Plan included in Section II herein. 2. CHANGES AND MODIFICATIONS No changes or modifications will be made to this Agreement or the Development Plan unless all provisions pertaining to changes or modifications as stated in Section II.13 below are followed. (a; :ODMA, WORLDOXIO:/W DO%'C PIONEER PLANi00022 }27 V PD%g 3. ZONING VIOLATION The Owner understands that any person, firm, corporation or other entity violating any conditions or terms of the Development Plan shall be subject to any and all penalties for the violation of any zoning ordinance as stated in Section 1.601, Code of Ordinances, (1995 Edition), City of Round Rock, Texas, as amended. 4. LIENHOLDER CONSENT A lien holders consent is attached hereto as Exhibit `B" 5. MISCELLANEOUS PROVISIONS 5.1 Assignment. Neither party may assign its rights and obligations under this Agreement without having first obtained the prior written consent of the other which consent shall not be unreasonably withheld. This section shall not prevent the Owner from selling the Property or portions of the Property, together with all development rights and obligations contained in this Agreement and Development Plan. 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 one or more provisions contained herein are deemed invalid, illegal or unenforceable in any respect such invalidity, illegality or unenforceability shall not affect any other provisions hereof and in such event, this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 5.4 Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes any prior or contemporaneous oral or written understandings or representations of the parties respecting the subject matter hereof. 5.5 Applicable Law. This Agreement shall be construed under and in accordance with the laws of the State of Texas. 2. 5.6 Venue. All obligations of the parties created hereunder are performable in Williamson County; Texas and venue for any action arising hereunder shall be in Williamson County. 5.7 No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to confer upon any person or entity, other than the parties hereto (and their respective successors and assigns), any rights, benefits or remedies under or by reason of this Agreement. 5.8 Duplicate Originals. This Agreement may be executed in duplicate original, each of equal dignity. 5.9 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: John C. Lewis Jimmy Nassour 1717 W. 6i Street Austin, Texas 78703 Attn: John C. Lewis 5.10 Effective Date. CITY OF ROUND ROCK: City of Round Rock, Texas 221 East Main Street Round Rock, Texas 78664 Attn.: Director of Planning This Agreement shall be effective from and after the date of due execution hereof by all parties. 5.11 Appeal of Administrative Decisions. Administrative decisions provided for in this Agreement may be appealed to the City Council in writing within 90 days following receipt by the Owner of the written confirmation of the decision. 5.12 Binding Effect. This Agreement and the Development Plan binds and benefits the Owner and its successors and assigns. 3. 1. DEFINITIONS II DEVELOPMENT PLAN Words and terms used herein shall have their usual force and meaning, or as defined in the Code of Ordinances (1995 Edition), City of Round Rock, Texas, hereinafter referred to as "the Code ". 2. PROPERTY This Development Plan ( "Plan") covers approximately 22.06 acres of land, located within the city limits of Round Rock, Texas, and more particularly described by metes and bounds in Exhibit "A ", attached hereto. 3. PURPOSE The purpose of this Plan is to insure a Planned Unit Development ( "PUD ") that 1) is equal to or superior to development that would occur under the standard ordinance requirements, 2) is in harmony with the General Plan, as amended, 3) does not have an undue adverse affect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and welfare, 4) is adequately provisioned by essential public facilities and services, and 5) will be developed and maintained so as to not dominate, by scale or massing of structures, the immediate neighboring properties or interfere with their development or use in accordance with any existing zoning district. 4. APPLICABILITY OF CITY ORDINANCES 4.1 Zoning and Subdivision Ordinances The Property shall be regulated for purposes of zoning and subdivision by this Plan. All aspects not specifically covered by this Plan shall be regulated by applicable sections of the Code. 4.2 Other Ordinances and Policies All other Ordinances and policies including the Palm Valley Area Plan shall apply to the Property, except as clearly modified by this Plan. 5. PERMITTED USES The Property shall be used and developed for the uses shown in Exhibit "C" attached hereto and incorporated herein. 4. 6. DEVELOPMENT STANDARDS The Property shall be developed in accordance with the Development Standards set forth in Exhibit "C ", attached hereto and incorporated herein. 7. BUILDINGS Building size, dimension, height and setbacks for all parcels shall be as modified in Exhibit "C ", attached hereto, as applicable to each parcel and its designated use. 8. LANDSCAPING and BUFFERING Landscaping and buffering shall be as modified in Exhibit "C ", attached hereto, as applicable to each parcel and its designated use. 9. UNDERGROUND UTILITY SERVICE Except where approved in writing by the Director of Public Works, all electrical, telephone and cablevision distribution and service lines, other than overhead lines, which are, three phase or larger, shall be placed underground. 10. DRIVEWAY ACCESS TO U.S. HIGHWAY 79 Three (3) driveway / street access points shall be permitted to U.S. Highway 79. Driveways and streets to U.S. Highway 79 shall be spaced no less than 200 feet apart measured center line to center line. All U.S. Highway 79 access points will also be subject to approval by the Texas Department of Transportation. Each driveway throat depth shall be eighty feet ( 80') between the edge of the highway pavement and the first intemal intersection within the parking lot. 11. DRIVEWAY ACCESS TO COUNTY ROAD 122 Only one driveway shall be allowed onto County Road 122 . 12. PHASING The development of the Property may be phased at the developer's option. Phasing shall be identified on the Preliminary Plat. 5. 13. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN 13.1 Minor Changes Minor changes to this Agreement or Plan which do not substantially change this Plan may be approved administratively, if approved in writing, by the Director of Public Works, the Director of Planning and Development, and the City Attorney. 13.2 Major Changes Major changes shall be resubmitted following the same procedure required by the original PUD application. 14. GENERAL PLAN 2000 This agreement is in compliance with the Round Rock General Plan 2000, which was adopted on June 10,1999 15. PALM VALLEY PLAN This agreement is in compliance with the Palm Valley Are Plan dated August, 2000 and contains requirements that assist in the implementation of that plan. CITY OF ROUND ROCK, TEXAS By: Robert Stluka, Jr., Mayor Date: John C. Lewis Date: Jimmy Nassour Date: 6. STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on this the day of , 2002 by John C. Lewis. STATE OF TEXAS COUNTY OF ACKNOWLEDGMENT Notary Public, State of Texas ACKNOWLEDGMENT This instrument was acknowledged before me on this the day of , 2002 by Jimmy Nassour. Notary Public, State of Texas 7. 22.06 Acre Tract Page 1 oft TRACT 1 EXHIBIT "A^ DESCRIPTION FOR A 22.06 ACRE TRACT OF LAND SITUATED IN THE ROBERT MCNUTT SURVEY, ABSTRACT NO 422, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 93 13 ACRE TRACT OF LAND AS DESCRIBED IN THAT DEED TO BARNES 93 ACRES. LID., ET AL. BY INSTRUMENT RECORDED AS DOCUMENT 140.9911566 OF THE OFFICIAL RECORDS OF SAID COUNTY AND AS DESCRIBED IN THAT DEED TO JAMES D. GRESSETF BY INSTRUMENT RECORDED AS DOCUMENT NO. 2000004166 OF THE OFFICIAL RECORDS OF SAID COUNTY, SAID 22.06 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod with a TxDot aluminum cap found on the east line of said 93.13 Acre Tract, and on the west line of a called 206.29 Acre Tract, (Tract 1), of land as described in that deed to Beverly Johnson Gordon by instrument recorded as Document No. 9835986 of the Official. Records of said county, and for the northeast corner of a called 3.167 Acre Tract, (Parcel No. ti), of land as described in that right of entry, possession, and construction easement to Williamson County, Texas, by instrument recorded as Document No. 2000004168 of the Official Records of said county, and for the southeast cornet and POINT OF BEGINNING of the herein described tract, from which an iron rod set for the northeast comer of said 93.13 Acre Tract bears NO2 °22'33"W. a distance of 2,652.43 feet and from which the southeast corner of said 93.13 Acre Tract bears S02 °23'33 "E a distance of 105.99 feet; THENCE with the north line of said 3.167 Acre Tract, through said 93.13 Acre Tract, with the south line of the herein described tract, the following three (3) courses and distances: 1. With the arc of a curve to the left, passing at an arc distance of 135.70 feet a Type II TxDot monument found, in all for a total arc distance of 800.38 feet, with a central angle of 04 °00'56 ", a radius of 11,420 feet and a chord which bears S78 °11'20 "W for a distance of 800.21 feet to a Type H TxDot monument found for the end of said curve and an angle point, 2. S 13 °49' 17 "E for a distance of 20.01 feet to a Type II TxDot monument found for a point of curvature, 3. With the arc of a curve to the left, passing at an arc distance of 349.06 feet a Type II TxDot monument found, in all for a total arc distance of 626,32 feet with a central angle of 03 °08'52 ", a radius of 11,400 feet and a chord which bears S74 °35'38 "W for a distance of 626.24 feet to a Type 11 TxDot monument found, on the north right -of -way line of U.S. Highway 79, (tight -of -way width varies), for the northwest comer of said 3.167 Acre Tract, and the most southerly southwest corner of the herein described tract; THENCE with the south boundary line of said 93.13 Acre Tract, and the north right -of- way line of U.S. Highway 79, N54 °21'06 "W for a distance of 9.36 feet to a Type II TxDot monument found on the east right -of -way of County Road 122, (right -of -way width varies), for the most westerly southwest comer of the said 93.13 Acre Tract, and for the most westerly southwest comer of the herein described tract, THENCE departing said north right -of -way line of U.S. Highway 79, with the west boundary line of said 93.13 Acre Tract, and the east right -of -way line of County Road 122, NO2 °43'25"W for a distance of 639.07 feet to an iron rod set for the south comer of that certain 2301 Acre Tract of land described in a right of entry, possession, and construction easement to Williamson County, Texas, by instrument recorded as Document No, 2000004168 in the Official Records of said county; 22.06 Are Tract Page 2 of 2 THENCE through said 93.13 Acre Tract, with the east line of said 2.301 Acre Tract and the west line of the herein described tract, the following two (2) courses and distances: 1. With the arc of a curve to the left having an arc length of 245.92 feet, with a central angle of 23 °07'31 ", a radius of 609.30 feet and a chord which bears N08 °44•06 "E for a distance of 244.26 feet to an iron rod set for a point of tangency, 2. NO2 °49'40 "W for a distance of 121.54 feet to an iron rod set for the northwest comer of the herein described tract; THENCE leaving the east line of said 2301 Acre Tract and continuing through the interior of said 93.13 Acre Tract the following five (5) courses and distances: 1. N87 °10'20 "E for a distance of 200.00 feet to an iron rod set on an angle point of the herein described tract, 2. S02 °49'40 "E for a distance of 100.00 feet to an iron rod set on an angle point of the herein described tract, 3. N87°I0'20 "E for a distance of 834.92 feet to an iron rod set on an angle point of the herein descnbed tract, 4. 502°22'33 "E for a distance of 31935 feet to an iron rod set on an angle point of the herein described tract, 5. N87 °37'27 "E for a distance of 325.00 feet to an iron rod set on the east boundary line of said 93.13 Acre Tract, same being on the west boundary line of said 209.26 Acre Tract, (Tract 1), for the most easterly northeast corner of the herein described tract; THENCE with the east boundary line of said 93.13 Acre Tract, same being the west, boundary line of said 206.29 Acre Tract, S02 °22'33 "E for a distance of 302.87 feet to the POINT OF BEGINNING of the herein described tract, and containing 22.06 Acres of Land, more or less. SurvegetI under the direct sup ervision of the undersigned: La ence A. Hunt Registered Professional Land Surveyor No.4328 BAKER- AICKLEN & ASSOCIATES, INC. 203 E. Main Street, Suite 201 Round Rock, Texas 78664 0.1597- 706\ktd notes 9 -26-00 ' , ?ow Date NUMBER DELTA C0OR0 RERRN6 5AL9US • MC • 00000' 0 04.0003` 0 WNW W 4120.00 6056•0 300.21 CL OTO6se 5 74 • 000.00 62632 62114 05 23 N W4406" 7 609.30 245.92 244.26 C4 00.50'01" R 60 E 020.00 79.92 00.97 CS 02.5142" 6 704159 I 1524% 074.49 574.45 C6 03•16 3 75 I MUMS 75730 757.36 SKETCH TO ACCOMPANY Flan ifOrES WILLIAM SON COUNTY. TEXAS WW2 07 EMTEMY. POSSESSION. CONSTRUCTOR EASEME97 DO .'2000004506 2.501 ACRES Pa= MO. 4 A MMER LI L2 L3 L• LS 16 1.7 L• DIRECTION S E3 N 02 N 07.10`20 E 6 02•49 5 SPAWN` I M 2.1.34 I OMTAOCE 20.07 4L63' 200.00• 10800 25606' • 9••2706• • 3 02.2233 E 536 112.39 MOW IKON 500 W /ALwww CAP • REM RO0 SEE 0 /ION R00 MAID • CONC.WNUMENE FOU10 ■ POW OF 55.00080 7.00. RECORD 66064411091 ( 6ERANO 54510 - THE CHORD SERRM 00.0 0 OF A 63 FOOT ARC PER DOCUMENT M. 2000004AM OF 70E OFFICISL RECORDS OF MAMMON 0014150. MAW f9. A; 77070174 By: •, aerronce A Hunt. R.7.L.S.. Number 4328 203 E. Moe, 57., Suite 201 Round RocR, rx 78664 WROTE PARK L3� OM Le Y ° M 1 _ A SL N .T•26 3.4 7945`0 120.797 67•57 "El (• 00 05 /5590966400 ACRES. 056 OF • CALLED 709 ACRE TRACT 65.94 ACRES C6 o s HicHRAY 99 D6( BEVERLY JON00N GORDON DOC. 19335966 20DM ACRES TRACT 5 •L0MS1N Camay. TEXAS NMI5? OF EMER1. POSSESSIM CONSTRUCTOR 00200 •5II 0.x7 ACRES PARCEL 00 6 File: 597 - 706 -24 8Y: 8 JOHNSON 3.7 * SEARING OASTS • ° po Baker- Alcklen & Assscletss, Inc. Eny1 419 / Surveyor, F1, •,m.. IVAPROJECTS\eARNE193 \95ACOASE STATE OF TEXAS COUNTY OFTr0.'V S The Compass Bank, N.A., 10711 Bumet Road, Austin, Texas 78758, acting herein by and through its duly authorized officers being the holder of a lien as evidenced by Deed of Trust recorded in Document No. 9911567 of the Official Records of Williamson County, Texas, does hereby consent to the Agreement and Development Plan of 22.06 acres of land situated in Round Rock, Williamson County, Texas, and does further hereby join, approve and consent to all provisions shown therein. 2001, by Frank Ivy 8 LISA SPRADLIN Notary Public, State of Texas My Commission Expires OCTOBER 25, 2004 EXHIBIT B LIEN HOLDER'S CONSENT COMPASS BANK 11711 Burnet Road Austin, Texas ACKNOWLEDGEMENT STATE OF TEXAS . COUNTY OF — TY O V1 S This instrument was acknowledged before me on this the BY � l�S . t .t Frank Ivy /I 1 day of Notary Public, State of Texas 2. PROHIBITED USES: EXHIBIT "C" DEVELOPMENT STANDARDS The Following Development Standards shall apply to all development on the Property. 1. PERMITTED USES: The following principal uses are permitted: All C -1 General Commercial uses identified in the City of Round Rock Zoning Ordinance except prohibited uses listed in this agreement. The crosshatched areas shown in Exhibt "D ", attached hereto, shall be developed under the PUD standards described herein or as a standard SF -2 lot subdivision. The following uses are prohibited on the property: mini - warehouses, sexually oriented businesses, portable buildings sales except as incidental to other retail sales, amusement parks or carnivals, wholesale nurseries, recreational vehicle parks, outdoor shooting ranges, pawn shops, heavy equipment sales, kennels (but not prohibiting pet shops and veterinary clinics with overnight facilities), vehicle sales, auto body shops and paint shops and truck stops. 3. PALM VALLEY URBAN ACTIVITY CENTER: The Palm Valley Area Plan designates the property as an "Urban Activity Center ". The following development guidelines shall apply to development of commercial uses. These guidelines are intended to encourage a sense of place and an increased level of pedestrian orientation for commercial uses. • Consistently designed landscape treatments should be included as part of site plans for the property. • Building fronts should utilize porches, awnings, arcades, colonnades, entries and windows to encourage a relationship to the street or parkland. • Traditional building designs and building materials should be encouraged. • Provide street trees as a unifying design element as identified in section 7 of this Exhibit. • Prohibit certain building materials as identified in section 4 of this Exhibit. • Establish a consistent form and design for signage. • Establish a pedestrian connection to the abutting residential subdivision proposed to the north. PFDoktop \::ODMN WORLDOX /C: %TEXT SEPUDS CROSSING EX]1]& C. W Pakk 4. PROHIBITED BUILDING MATERIALS: The following materials are prohibited on the exterior walls of all buildings and structures (this section does not apply to roofs): Sheet and corrugated metal, and unfinished Aluminum Asbestos Galvanized Steel Mirrored Glass (reflectivity of 20% or more) E.I.F.S. (Exterior Insulation Finish System, as defined in the Construction Specifications Institute, Standard Format, Division 7) 5. DESIGN STANDARDS: 5.1 Height The maximum height of buildings on the Property shall be two stories or forty feet (40'). Two story structures allows for both office and retail mixed use development with retail commercial required on the first floor. 5.2 Building Setbacks 5.2.1 Minimum building setbacks from US Highway 79 shall be twenty -five feet (25'). 5.2.2 Minimum building setbacks from County Road 122 shall be twenty -five feet (25'). 5.2.3 All other building setbacks shall be in accordance with the C -1 (General Commercial) zoning district. 5.3 Pad Sites The number of pad sites that front onto U.S. Highway 79 shall not exceed four (4). 5.4 Pedestrian Links to Residential Uses A pedestrian link to the Pioneer Crossing residential subdivision shall be provided at the location as generally shown on Exhibit "D" attached hereto. This link shall have a minimum width of twenty feet (20') and shall be a separate lot owned and maintained by the Pioneer Crossing Homeowners Association. 5.5 Community Focal Point/Village Green A Community Focal Point/Village Green ( "Village Green ") which shall include a fountain, courtyard, or other architectural feature, shall be located within the 10. area shown on Exhibits "D" and "E ". All commercial development abutting the Village Green shall face the Village Green. The Village Green shall be linked to abutting residential development with a combination of landscaping and pavers. The same pavement material shall be used throughout the commercial development at major pedestrian crosswalks across the driveways from the shops to the parking areas. 5.6 Site Planning Guidelines The Palm Valley Area Planning and Design Study, as approved in Resolution No. 00- 08- 10 -10A1, Sections 4.2.1, Site Planning Guidelines, 4.2.2 Building Massing and Design Guidelines, and 4.2.3 Urban Design Guidelines shall be used in the design of the PUD. 5.7 Exterior Finish 5.7.1 The exterior finish of all buildings (walls) shall be masonry, except for doors, windows and trim. Masonry shall mean stone, simulated stone, brick, stucco, terra cotta or such other suitable material as may be approved by the Director of Planning and Community Development. The amount of stucco or terra cotta shall not exceed 50% of the exterior finish of a building. The rear of the building may be constructed of split face concrete block. 5.7.2 Buildings shall contain one or more of the design features identified in Section 4.4 of the Palm Valley Area Planning & Design Study. 6. SERVICE & LOADING AREAS: 6.1 Screening Required No dock high loading area is permitted unless such area is visually screened from public view from public streets. No merchandise metal containers may be left stored in any parking area overnight. 6.2 Delivery Vehicles All delivery and utility vehicles stored on -site must be inside a closed building or within a screened portion of the site. 6.3 Service Areas Service areas will be screened from adjacent tracts and all public rights -of —way. Methods of screening include walled entrances, evergreen landscaping, and depressed service areas. Screening walls must be constructed of the same materials as the main building. 6.4 Loading areas All loading and service docks must be clearly signed. Loading docks must be clearly denoted on the pavement and designed so as not to prohibit on -site vehicular circulation when occupied. Loading docks will be located directly in front of a loading door. Loading docks must be designed to accommodate backing and maneuvering on -site, not from a public street. 6.5 Trash Storage Refuse storage enclosures are required for all buildings. Enclosures must be of sufficient height to completely screen all refuse containers and must be provided with gates, so as to provide screening of views from adjacent lots and public rights -of -way. All enclosures must be constructed of permanent materials (concrete, masonry, wood, steel, etc.) which are compatible with the building it serves. Refuse storage areas must be designed to contain all refuse generated on- site between collection. No trash enclosure shall be located within fifty feet (50') of any exterior boundary which is adjacent to single family residential uses or a public right of way. 6.6 Street Level Mechanical Equipment All ground- mounted service equipment (e.g., air conditioners, transformers, and trash collection equipment) related to each building shall be consolidated in one or more enclosed service areas. Landscaping shall be used to soften the visual appearance of the walls enclosing the service area. Service areas must be paved, curbed, and internally drained. 6.7 Roof Mounted Mechanical Equipment All roof mounted mechanical elements shall be screened from view from the public right -of -way along County Road 122 from its intersection with Highway 79 to the northern boundary of the Southern Hills Subdivision. Screening must be compatible with the building design. 7. LANDSCAPING: 7.1 Landscape Easement adjacent to public streets A fifteen foot (15') wide landscape easement shall be provided abutting public rights -of -way, and single family residential uses. All areas located within these Landscape Easements shall be used solely for the purpose of landscaping, except for sidewalks, driveways to access public streets, monument signs, and utility structures and meters required to provide utilities to the Property. This landscape easement shall be credited toward the street yard and general landscaping requirements as described in the Code. along Highway 79 and from the intersection of Highway 79 and County Road 122 and along County Road 122 to the northern boundary of the Southern Hills Subdivision. 12. 7.2 Street Trees Street trees shall be planted within the landscape easement required by Section 7.1 of this Exhibit. The street trees shall be planted prior to the issuance of a Certificate of Occupancy for the buildings on each lot. Street trees shall be planted at intervals of 25 -feet to 40 -feet apart. Street trees shall have a minimum caliper size of 3- inches and shall be selected from one of th of owing species. All species of Oak Pecan Elm and Cedar Elm Other species approved in writing by the Director of Planning & Community Development. 7.3 Trees abutting Single Family Residential Development Trees shall be planted within the landscape easement required by Section 7.1 of this Exhibit. The trees shall be planted prior to the issuance of a Certificate of Occupancy for the buildings on each lot. Trees shall be planted at intervals of 25 -feet to 40 -feet apart. Street trees shall have a minimum caliper size of 3- inches and shall be selected from one of the following species. 7.4 Open Space All species of Oak Pecan Elm and Cedar Elm Other species approved in writing by the Director of Planning & Community Development. All areas of a platted lot, for which a Certificate of Occupancy has been issued, and which do not contain buildings, structures, parking lots, sidewalks, fountains, site furniture or other improvements, including, but not limited to, front, side and rear building set back areas, and all areas between the curb line and the property line, must be planted, landscaped, and maintained in good condition. The landscape planting must provide for easy maintenance. Utility easements will be landscaped consistent with other landscape areas where allowed by the respective utility company. 13. 7.5 Rights of Way 7.6 Grass Areas within the road right -of -way must be landscaped only in accordance with a license agreement with the City. All landscaped areas not in groundcover or shrub beds will be planted in grasses, preferable sod. Overseeding in fall with cool season native grasses is allowed. The use of edging material to separate all grass areas from shrub and groundcover areas is required. The edging material will be concrete, steel, brick, or stone. No plastic edging is allowed. Use of narrow paving "mowstrips" is allowed around building foundations for easy maintenance. 7.7 Irrigation An underground, automatic irrigation system must be installed in all landscaped areas. Sprinkler heads must be located to effectively water the landscaped areas with minimal spray onto roadways, parking areas and walkways. 7.8 Parking Areas In all vehicular use areas and parking areas, a minimum of 90 square feet for each 9 parking spaces must be devoted to landscaped strips, islands, peninsulas, medians, or other landscaped areas. This landscaping shall be credited toward the street yard and general landscaping requirements. The arrangement and location of these areas shall be as described in the City's landscape ordinance. 7.9 Tree Protection Protected trees as defined in the Code shall be identified on a Tree Survey, which shall be provided as part of a Site Plan. These shall be incorporated into the development of the site, except where removal is approved in writing by the Director of Planning and Community Development. Protected trees shall be credited against landscaping requirements as stated in the Code. 8. UTILITY LINES: All utility service lines must be underground to connection points provided by the utility service provider. All transformers must be screened. 9. EXTERIOR LOT LIGHTING: 9.1 Parking Lot Fixtures 14. 9.3 Site Plans 11. FENCING All light fixtures shall be metal halide horizontal fixtures and shall be shielded and hooded so that light is directed downward to minimize excessive glare and sky glow pollution. The maximum height of light poles shall be twenty -five feet (25') including the base. 9.2 Minimal Spillover All lighting on the rear of any building within one hundred and twenty feet (120') of any residential lot shall be wall - mounted fixtures no more than twelve feet (12') in height. Such fixtures can be swivel -type fixtures and shall be directed so as to not allow direct light to spill over the exterior boundary line to the Property to the residential lots. Site plans submitted with building permit applications shall include light specifications in accordance with this plan. 10. SIGNS: 10.1 Ali freestanding signs shall be Monument signs, as defined in the Code. 10.2 Standing signs shall not exceed six feet in height. 10.3 One freestanding sign shall be permitted for lots of less than three (3) acres in size. The maximum area of masonry monument signs, defined as the area contained within a polygon containing the actual lettering and any logo, shall be fifty square feet. The portions of a masonry structure on which the sign is located are not counted as part of the fifty square feet provided they are not contained within the polygon. The maximum area of all other signs shall be regulated by the Code. 10.4 Additional freestanding monument signs shall be permitted for lots of three acres or larger in accordance with the regulations contained in the Code. 10.5 Directional signs solely for the purpose of directing traffic or identifying buildings shall be permitted provided they are restricted to a size required for their function as determined by the Director of Planning. Prior to issuance of the first Certificate of Occupancy for the Property, there shall be constructed, and thereafter properly maintained, an eight foot (8') wood fence with a wood rain cap (and posts which include a concrete base) along the northern and eastern boundary lines of the Property, with the finished side of the fence facing out from the Property. 15. 11 11 n 14 U 16 11 Pedes rian in to single- family neighborhood 11 " Crosshatched area can be developed as either commercial or Single- family residential, in accordance with the provisions of the SF -2 Zoning District, but not both. ��Iiz13IT D , 1 t SF -2 SII(;lE FAMILY. S7ANP* l DT • • 4099 Pplkqx Building Front Pedestrian link to shopping /sidewalk EXHIBIT E s o� PEDESTRIAN PLAZA FOCAL POINT PARKING LOT Building Front CONCEPTUAL PLAN OF FOCAL POINT & PEDESTRIAN LINK Pedestrian link to shopping/sidewalk PIONEER CROSSING ORIGINAL ZONING: PUD #49 DATE: March 8, 2002 SUBJECT: City Council Meeting — March 14, 2002 ITEM: 12.C.4. Consider an ordinance adopting original zoning of Planned Unit Development (PUD) No. 49 on 22.06 acres of land, more or less, out of the Robert McNutt Survey, A -422, in Williamson County, Texas. (Pioneer Crossing) (First Reading) Resource: Joe Vining, Planning Director History: A public hearing was held on January 17, 2001 for the original zoning of District SF- 2 (Single Family- Standard Lot) on 65.94 acres of land at that time the Planning and Zoning Commission recommended adoption of original SF -2 zoning. Funding: Cost: N/A Source of Funds: N/A Outside Resources: John C. Lewis and Jimmy Nassour Impact: Approximately 265 additional residential lots will be added. Right of Way for improvements for US Hwy 79 and CR 122 has been provided. This development will pay it's pro rata share of road network fees to upgrade arterial roadway in the northeast planning sector. Benefit: Increase in availability of single - family lots for the northeast area. Public Comment: Public Notice and a public hearing were held in accordance with City of Round Rock's Zoning Ordinance. Sponsor: Planning and Community Development Department AGREEMENT AND DEVELOPMENT PLAN FOR THE PIONEER CROSSING, PUD NO. 49. THE STATE OF TEXAS COUNTY OF WILLIAMSON ORIGINAL THIS AGREEMENT and Development Plan is made and entered by and between the City of Round Rock, Texas, a Texas municipal corporation, having its offices at 221 East Main Street, Round Rock, Texas 78664 (hereinafter referred to as the "City "), and John C. Lewis and Jimmy Nassour (Hereinafter referred to as the "Owner "). WHEREAS, the Owner has submitted a request to the City to rezone approximately 22.06 acres of land as a Planned Unit Development ( "PUD "), said acreage being more particularly described by metes and bounds in Exhibit "A" attached hereto and made a part hereof (hereinafter referred to as the "Property "), and WHEREAS, pursuant to Chapter 11, Section 11.316(8), Code of Ordinances (1995 Edition), City of Round Rock, Texas, the Owner has submitted a Development Plan setting forth, the development conditions and requirements within the PUD, which Development Plan is contained in Section II of this Agreement; and WHEREAS, on January 17, 2001, the City's Planning and Zoning Commission recommended approval of the Owner's application for a PUD. NOW THEREFORE BY THIS AGREEMENT WITNESSETH that, in consideration of the covenants and conditions set forth herein, the City and the Owner agree as follows: No changes or modifications will be made to this Agreement or the Development Plan unless all provisions pertaining to changes or modifications as stated in Section II.13 below are followed. 1. GENERAL PROVISIONS 1. CONFORMITY WITH DEVELOPMENT PLAN That all uses and development within the Property shall conform to the Development Plan included in Section II herein. 2. CHANGES AND MODIFICATIONS ln.: ODMA WORI_DOVO. CORRONL/PUDS /PIONEERPLAN /00022327.WPD'kg z- DI- 0344 -aq 3. ZONING VIOLATION The Owner understands that any person, firm, corporation or other entity violating any conditions or terms of the Development Plan shall be subject to any and all penalties for the violation of any zoning ordinance as stated in Section 1.601, Code of Ordinances, (1995 Edition), City of Round Rock, Texas, as amended. 4. LIENHOLDER CONSENT A lien holders consent is attached hereto as Exhibit `B" 5. MISCELLANEOUS PROVISIONS 5.1 Assignment. Neither party may assign its rights and obligations under this Agreement without having first obtained the prior written consent of the other which consent shall not be unreasonably withheld. This section shall not prevent the Owner from selling the Property or portions of the Property, together with all development rights and obligations contained in this Agreement and Development Plan. 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 one or more provisions contained herein are deemed invalid, illegal or unenforceable in any respect such invalidity, illegality or unenforceability shall not affect any other provisions hereof and in such event, this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 5.4 Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes any prior or contemporaneous oral or written understandings or representations of the parties respecting the subject matter hereof. 5.5 Applicable Law. This Agreement shall be construed under and in accordance with the laws of the State of Texas. 2. 5.6 Venue. All obligations of the parties created hereunder are performable in Williamson County; Texas and venue for any action arising hereunder shall be in Williamson County. 5.7 No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to confer upon any person or entity, other than the parties hereto (and their respective successors and assigns), any rights, benefits or remedies under or by reason of this Agreement. 5.8 Duplicate Originals. This Agreement may be executed in duplicate original, each of equal dignity. 5.9 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: John C. Lewis Jimmy Nassour 1717 W. 6 Street Austin, Texas 78703 Attn: John C. Lewis 5.10 Effective Date. This Agreement shall be effective from and after the date of due execution hereof by all parties. 5.11 Appeal of Administrative Decisions. Administrative decisions provided for in this Agreement maybe appealed to the City Council in writing within 90 days following receipt by the Owner of the written confirmation of the decision. 5.12 Binding Effect. CITY OF ROUND ROCK: City of Round Rock, Texas 221 East Main Street Round Rock, Texas 78664 Attn.: Director of Planning This Agreement and the Development Plan binds and benefits the Owner and its successors and assigns. 3. 1. DEFINITIONS Words and terms used herein shall have their usual force and meaning, or as defined in the Code of Ordinances (1995 Edition), City of Round Rock, Texas, hereinafter referred to as "the Code ". 2. PROPERTY 3. PURPOSE II DEVELOPMENT PLAN This Development Plan ( "Plan") covers approximately 22.06 acres of land, located within the city limits of Round Rock, Texas, and more particularly described by metes and bounds in Exhibit "A ", attached hereto. The purpose of this Plan is to insure a Planned Unit Development ( "PUD ") that 1) is equal to or superior to development that would occur under the standard ordinance requirements, 2) is in harmony with the General Plan, as amended, 3) does not have an undue adverse affect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and welfare, 4) is adequately provisioned by essential public facilities and services, and 5) will be developed and maintained so as to not dominate, by scale or massing of structures, the immediate neighboring properties or interfere with their development or use in accordance with any existing zoning district. 4. APPLICABILITY OF CITY ORDINANCES 4.1 Zoning and Subdivision Ordinances The Property shall be regulated for purposes of zoning and subdivision by this Plan. All aspects not specifically covered by this Plan shall be regulated by applicable sections of the Code. 4.2 Other Ordinances and Policies All other Ordinances and policies including the Palm Valley Area Plan shall apply to the Property, except as clearly modified by this Plan. 5. PERMITTED USES The Property shall be used and developed for the uses shown in Exhibit "C" attached hereto and incorporated herein. 4. 6. DEVELOPMENT STANDARDS The Property shall be developed in accordance with the Development Standards set forth in Exhibit "C ", attached hereto and incorporated herein. 7. BUILDINGS Building size, dimension, height and setbacks for all parcels shall be as modified in Exhibit "C ", attached hereto, as applicable to each parcel and its designated use. S. LANDSCAPING and BUFFERING Landscaping and buffering shall be as modified in Exhibit "C ", attached hereto, as applicable to each parcel and its designated use. 9. UNDERGROUND UTILITY SERVICE Except where approved in writing by the Director of Public Works, all electrical, telephone and cablevision distribution and service lines, other than overhead lines, which are, three phase or larger, shall be placed underground. 10. DRIVEWAY ACCESS TO U.S. HIGHWAY 79 Three (3) driveway / street access points shall be permitted to U.S. Highway 79. Driveways and streets to U.S. Highway 79 shall be spaced no less than 200 feet apart measured center line to center line. All U.S. Highway 79 access points will also be subject to approval by the Texas Department of Transportation. Each driveway throat depth shall be eighty feet ( 80') between the edge of the highway pavement and the first internal intersection within the parking lot. 11. DRIVEWAY ACCESS TO COUNTY ROAD 122 Only one driveway shall be allowed onto County Road 122 . 12. PHASING The development of the Property maybe phased at the developer's option. Phasing shall be identified on the Preliminary Plat. 5. 13. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN 13.1 Minor Changes Minor changes to this Agreement or Plan which do not substantially change this Plan may be approved administratively, if approved in writing, by the Director of Public Works, the Director of Planning and Development, and the City Attorney. 13.2 Major Changes Major changes shall be resubmitted following the same procedure required by the original PUD application. 14. GENERAL PLAN 2000 This agreement is in compliance with the Round Rock General Plan 2000, which was adopted on June 10,1999 15. PALM VALLEY PLAN This agreement is in compliance with the Palm Valley Are Plan dated August, 2000 and contains requirements that assist in the implementation of that plan. CITY OF ROUND ROCK, TEXAS Rob ?luka, Jr., Mayor f Date: • 4 .1/ Date: ,3- / O p - oz._ Date: I g -D 6. ewes N sour ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF C!/L p This instrument was acknowledged before me on this the /O day of )M,,c/ , 2002 by John C. Lewis. 1 JUDITHA. DSO MY COMMISSION EXPIRES Jule 29, 2004 STATE OF TEXAS COUNTY OF JUDITH R. DEZSO MY COMMISSION EXPIRES June 29, 2004 1 ACKNOWLEDGMENT This instrument was acknowledged before me on this the � d day of /1 ,YGL.a, 2002 CtA by Jimmy Nassour. 7. Public, State of Tex ary Public, State o exas 22.06 Acre Tract Page 1 of 2 TRACT 1 EXHIBIT "A" DESCRIPTION FOR A 22.06 ACRE TRACT OF LAND SITUATED IN THE ROBERT MCNUTT SURVEY, ABSTRACT NO 422, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 9313 ACRE TRACT OF LAND AS DESCRIBED IN THAT DEED TO BARNES 93 ACRES. LTD., ET AL. BY INSTRUMENT RECORDED AS DOCUMENT NO. 9911566 OF THE OFFICIAL RECORDS OF SAID COUNTY AND AS DESCRIBED IN THAT DEED TO JAMES D. GRESSETT BY INSTRUMENT RECORDED AS DOCUMENT NO. 2000004166 OF THE OFFICIAL RECORDS OF SAID COUNTY, SAID 22.06 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod with a TxDot aluminum cap found on the east line of said 93.13 Acre Tract, and on the west line of a called 206.29 Acre Tract, (Tract 1), of land as described in that deed to Beverly Johnson Gordon by instrument recorded as Document No. 9835986 of the Official Records of said county, and for the northeast corner of a called 3.167 Acre Tract, (Parcel No. 6), of land as described in that right of entry, possession, and construction easement to Williamson County, Texas, by instrument recorded as Document No. 2000004168 of the Official Records of said county, and for the southeast comet and POINT OF BEGINNING of the herein described tract, from which an iron rod set for the northeast comer of said 93.13 Acre Tract bears NO2 °22'33 "W a distance of 2,652.43 feet and from which the southeast corner of said 93.13 Acre Tract bears S02°23'33 "E a distance of 105.99 feet; THENCE with the north line of said 3.167 Acre Tract, through said 93.13 Acre Tract, with the south Tine of the herein described tract, the following three (3) courses and distances: 1. With the arc of a curve to the left, passing at an arc distance of 135.70 feet a Type II TxDot monument found, in all for a total arc distance of 800.38 feet, with a central angle of 04 °00'56 ", a radius of 11,420 feet and a chord which bears S78° 1'20"W for a distance of 800.21 feet to a Type II TxDot monument found for the end of said curve and an angle point, 2. S13 °49'17 "E for a distance of 20.01 feet to a Type II TxDot monument found•for a point of curvature, 3. With the arc of a curve to the left, passing at an arc distance of 349.06 feet a Type II TxDot monument found, in all for a total arc distance of 626.32 feet with a central angle of 03 °08'52 ", a radius of 11,400 feet and a chord which bears S74 °35'38 "W for a distance of 626.24 feet to a Type II TxDot monument found, on the north right -of -way line of U.S. Highway 79, (right -of -way width varies), for the northwest comer of said 3.167 Acre Tract, and the most southerly southwest corner of the herein described tract; THENCE with the south boundary line of said 93.13 Acre Tract, and the north right -of- way line of U.S. Highway 79, N54 °21'06 "W for a distance of 9.36 feet to a Type II TxDot monument found on the east right -of -way of County Road 122, (right -of -way width varies), for the most westerly southwest corner of the said 93.13 Acre Tract, and for the most westerly southwest comer of the herein described tract, THENCE departing said north right -of -way line of U.S. Highway 79, with the west boundary line of said 93.13 Acre Tract, and the east right -of -way line of County Road 122, NO2 °43'25 "W for a distance of 639.07 feet to an iron rod set for the south comer of that certain 2.301 Acre Tract of land described in a right of entry, possession, and construction easement to Williamson County, Texas, by instrument recorded as Document No, 2000004168 in the Official Records of said county; 22.06 Acre Tract Page 2 of 2 THENCE through said 93.13 Acre Tract, with the east line of said 2.301 Acre Tract and the west line of the herein described tract, the following two (2) courses and distances: With the arc of a curve to the left having an arc length of 245.92 feet, with a central angle of 23 °07'31 ", a radius of 609.30 feet and a chord which bears N08 °44'06 "E for a distance of 244.26 feet to an iron rod set for a point of tangency, 2. NO2 °49'40 "W for a distance of 121.54 feet to an iron rod set for the northwest comer of the herein described tract; THENCE leaving the east line of said 2.301 Acre Tract and continuing through the interior of said 93.13 Acre Tract the following five (5) courses and distances: 1 _ N87 °10'20 "E for a distance of 200.00 feet to an iron rod set on an angle point of the herein described tract, 2. S02 °49'40 "E for a distance of 100.00 feet to an iron rod set on an angle point of the herein described tract, 3. N87 °10'20 "E for a distance of 834.92 feet to an iron rod set on an angle point of the herein described tract, 4. S02 °22'33 "E for a distance of 319.35 feet to an iron rod set on an angle point of the herein described tract, 5. N87 °37'27 "E for a distance of 325.00 feet to an iron rod set on the east boundary line of said 93.13 Acre Tract, same being on the west boundary line of said 209.26 Acre Tract, (Tract 1), for the most easterly northeast corner of the herein described tract; THENCE with the east boundary line of said 93.13 Acre Tract, same being the west . boundary line of said 206.29 Acre Tract, S02 °22'33 "E for a distance of 302.87 feet to the POINT OF BEGINNING of the herein described tract, and containing 22.06 Acres of Land, more or less. Survefied under the direct supervision of the undersigned: ence A. Hunt Registered Professional Land Surveyor No.4328 BAKER- AICKLEN & ASSOCIATES, INC. 203 E. Main Street, Suite 201 Round Rock, Texas 78664 °:1597-706V °Id notes 9 -26-00 Date NUMBER DELTA CHORD BEARING 940505' ARC' CHORD' V 04•0076' 5 70.020• W 0420.00 600.30 000.25 C2 05•06'32' 3 74.3570 2 3400.00 62632 626.04 C3 24•07'3•4 N ...ow 2 609.30 245.92 244.26 C• O0'3006' N 60 E 5420.00 03.97 99.97 05 02.31'22" $ 705,09" N 5524.10 574.49 574.43 C6 03 5 75•22'30' W 959.16 737.30 757.36 SKETCH TO ACCOMPANY FEED NOW .540500 COUNTY. TEXAS RIGHT OF EATERY. POSSESSION CONSTROCT EASEMENT DOC. 1217000 00 B 2301 ACRES P6(IC11 EL NO. • NUMBER LI L2 13 L5 L6 L7 L• DIREcr NI s ,3.491r n 02.45'40" r N 4•40Y0" E 5 02•45•40 E 547.4919" W N54 "W - 3 02 E N 54•3456' 34 DISTANCE 20.01' 14004' 200.00' IOO.00' 30.00' 9.36 403.99' 92.32' LEGEND NON ROD W /ALUNINITSA CAP • IRON ROD 5E7 0 IRON ROD FOUND • CONC.NONUNEN7 FOUND • 20017 Ce 0(050540 P.00. RECORD 3SORMATION 1 ) •BEARe49 BASIS - THE CMMD 6EARM0 OF A 000.53 FOOT ARC PER DOCUMENT N0. 2000004163 OF THE OFFICIAL RECORDS OF WI LIAMSON COUNTY, 70043. As Prepared 871 Corr.. A. Hunt, R.P.L.S., Number 4328 203 E. Main St.. Sui15 201 Round Rook, TX 78664 N 624915" E 1390.10 6rs7 •42" EI 0420.797 ET AL. DOC. 1 � 3 66 400 00C. % 000004/66 OF A CALLED 63.53 ACRE TRACT MCMrT PARR 6Ae s2O n z 5r26 4 5 " E 34.0 N U S' NIOHKAY 49 BEYE o 7 JOHNSON CORDON 20659 ACRES TRACT 3 91 4 . 03.70' REARMS DAMS File: 597- 706-24 87: 8 JOHNSON 400' WILLIAMSO COUNTY. TEARS RMNT OF EATERY. ERY. P05005 07 C DOC. 02000004165 3.067 ACRES PARCEL NO. S Baker- Alckien & Associates, Inc. Eng1n66ro / Surveyor, F3, 5555,. W:VRUJECT9\SARNE593 \934C045E STATE OF TEXAS COUNTY OF 2001, by Frank Ivy 8 LISA SPRADLIN Notary Public, State of Texas My Commisaion Expires OCT00ER 25, 2004 EXHIBIT B LIEN HOLDER'S CONSENT The Compass Bank, N.A., 10711 Burnet Road, Austin, Texas 78758, acting herein by and through its duly authorized officers being the holder of a lien as evidenced by Deed of Trust recorded in Document No. 9911567 of the Official Records of Williamson County, Texas, does hereby consent to the Agreement and Development Plan of 22.06 acres of land situated in Round Rock, Williamson County, Texas, and does further hereby join, approve and consent to all provisions shown therein. COMPASS BANK 11711 Burnet Road Austin, Texas By- rank ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF - Tom 5 Ivy This instrument was acknowledged before me on this the 1 day of 'Fe .tea .A,AJA. l Notary Public, State of Texas The Following Development Standards shall apply to all development on the Property. 1. PERMITTED USES: The following principal uses are permitted: All C -1 General Commercial uses identified in the City of Round Rock Zoning Ordinance except prohibited uses listed in this agreement. The crosshatched areas shown in Exhibt "D ", attached hereto, shall be developed under the PUD standards described herein or as a standard SF -2 lot subdivision. 2. PROHIBITED USES: EXHIBIT "C" DEVELOPMENT STANDARDS The following uses are prohibited on the property: mini - warehouses, sexually oriented businesses, portable buildings sales except as incidental to other retail sales, amusement parks or carnivals, wholesale nurseries, recreational vehicle parks, outdoor shooting ranges, pawn shops, heavy equipment sales, kennels (but not prohibiting pet shops and veterinary clinics with overnight facilities), vehicle sales, auto body shops and paint shops and truck stops. 3. PALM VALLEY URBAN ACTIVITY CENTER: The Palm Valley Area Plan designates the property as an "Urban Activity Center ". The following development guidelines shall apply to development of commercial uses. These guidelines are intended to encourage a sense of place and an increased level of pedestrian orientation for commercial uses. • Consistently designed landscape treatments should be included as part of site plans for the property. • Building fronts should utilize porches, awnings, arcades, colonnades, entries and windows to encourage a relationship to the street or parkland. • Traditional building designs and building materials should be encouraged. • Provide street trees as a unifying design element as identified in section 7 of this Exhibit. • Prohibit certain building materials as identified in section 4 of this Exhibit. • Establish a consistent form and design for signage. • Establish a pedestrian connection to the abutting residential subdivision proposed to the north. (PFDaktopg:ODMA! WORLDOX /WI10X COR WGNI. PUDS W EXHIBRik00022333. W PD kg 4. PROHIBITED BUILDING MATERIALS: The following materials are prohibited on the exterior walls of all buildings and structures (this section does not apply to roofs): Sheet and corrugated metal, and unfinished Aluminum Asbestos Galvanized Steel Mirrored Glass (reflectivity of 20% or more) E.I.F.S. (Exterior Insulation Finish System, as defined in the Construction Specifications Institute, Standard Format, Division 7) 5. DESIGN STANDARDS: 5.1 Height The maximum height of buildings on the Property shall be two stories or forty feet (40'). Two story structures allows for both office and retail mixed use development with retail commercial required on the first floor. 5.2 Building Setbacks 5.2.1 Minimum building setbacks from US Highway 79 shall be twenty -five feet (25'). 5.2.2 Minimum building setbacks from County Road 122 shall be twenty -five feet (25'). 5.2.3 All other building setbacks shall be in accordance with the C -1 (General Commercial) zoning district. 5.3 Pad Sites The number of pad sites that front onto U.S. Highway 79 shall not exceed four (4). 5.4 Pedestrian Links to Residential Uses A pedestrian link to the Pioneer Crossing residential subdivision shall be provided at the location as generally shown on Exhibit "D" attached hereto. This link shall have a minimum width of twenty feet (20') and shall be a separate lot owned and maintained by the Pioneer Crossing Homeowners Association. 5.5 Community Focal Point/Village Green A Community Focal Point/Village Green ( "Village Green ") which shall include a fountain, courtyard, or other architectural feature, shall be located within the 10. area shown on Exhibits "D" and "E ". All commercial development abutting the Village Green shall face the Village Green. The Village Green shall be linked to abutting residential development with a combination of landscaping and pavers. The same pavement material shall be used throughout the commercial development at major pedestrian crosswalks across the driveways from the shops to the parking areas. 5.6 Site Planning Guidelines The Palm Valley Area Planning and Design Study, as approved in Resolution No. 00- 08- 10 -10A1, Sections 4.2.1, Site Planning Guidelines, 4.2.2 Building Massing and Design Guidelines, and 4.2.3 Urban Design Guidelines shall be used in the design of the PUD. 5.7 Exterior Finish 5.7.1 The exterior finish of all buildings (walls) shall be masonry, except for doors, windows and trim. Masonry shall mean stone, simulated stone, brick, stucco, terra cotta or such other suitable material as may be approved by the Director of Planning and Community Development. The amount of stucco or terra cotta shall not exceed 50% of the exterior finish of a building. The rear of the building may be constructed of split face concrete block. 5.7.2 Buildings shall contain one or more of the design features identified in Section 4.4 of the Palm Valley Area Planning & Design Study. 6. SERVICE & LOADING AREAS: 6.1 Screening Required No dock high loading area is permitted unless such area is visually screened from public view from public streets. No merchandise metal containers may be left stored in any parking area overnight. 6.2 Delivery Vehicles All delivery and utility vehicles stored on -site must be inside a closed building or within a screened portion of the site. 6.3 Service Areas Service areas will be screened from adjacent tracts and all public rights -of —way. Methods of screening include walled entrances, evergreen landscaping, and depressed service areas. Screening walls must be constructed of the same materials as the main building. 6.4 Loading areas All loading and service docks must be clearly signed. Loading docks must be clearly denoted on the pavement and designed so as not to prohibit on -site vehicular circulation when occupied. Loading docks will be located directly in front of a loading door. Loading docks must be designed to accommodate backing and maneuvering on -site, not from a public street. 6.5 Trash Storage Refuse storage enclosures are required for all buildings. Enclosures must be of sufficient height to completely screen all refuse containers and must be provided with gates, so as to provide screening of views from adjacent Lots and public rights -of -way. All enclosures must be constructed of permanent materials (concrete, masonry, wood, steel, etc.) which are compatible with the building it serves. Refuse storage areas must be designed to contain all refuse generated on- site between collection. No trash enclosure shall be located within fifty feet (50') of any exterior boundary which is adjacent to single family residential uses or a public right of way. 6.6 Street Level Mechanical Equipment All ground- mounted service equipment (e.g., air conditioners, transformers, and trash collection equipment) related to each building shall be consolidated in one or more enclosed service areas. Landscaping shall be used to soften the visual appearance of the walls enclosing the service area. Service areas must be paved, curbed, and internally drained. 6.7 Roof Mounted Mechanical Equipment All roof mounted mechanical elements shall be screened from view from the public right -of -way along County Road 122 from its intersection with Highway 79 to the northern boundary of the Southem Hills Subdivision. Screening must be compatible with the building design. 7. LANDSCAPING: 7.1 Landscape Easement adjacent to public streets A fifteen foot (15') wide landscape easement shall be provided abutting public rights -of -way, and single family residential uses. All areas located within these Landscape Easements shall be used solely for the purpose oflandscaping, except for sidewalks, driveways to access public streets, monument signs, and utility structures and meters required to provide utilities to the Property. This landscape easement shall be credited toward the street yard and general landscaping requirements as described in the Code. along Highway 79 and from the intersection of Highway 79 and County Road 122 and along County Road 122 to the northern boundary of the Southern Hills Subdivision. 12. 7.2 Street Trees Street trees shall be planted within the landscape easement required by Section 7.1 of this Exhibit. The street trees shall be planted prior to the issuance of a Certificate of Occupancy for the buildings on each lot. Street trees shall be planted at intervals of 25 -feet to 40 -feet apart. Street trees shall have a minimum caliper size of 3- inches and shall be selected from one of the following species. All species of Oak Pecan Elm and Cedar Elm Other species approved in writing by the Director of Planning & Community Development. 7.3 Trees abutting Single Family Residential Development Trees shall be planted within the landscape easement required by Section 7.1 of this Exhibit. The trees shall be planted prior to the issuance of a Certificate of Occupancy for the buildings on each lot. Trees shall be planted at intervals of 25 -feet to 40 -feet apart. Street trees shall have a minimum caliper size of 3- inches and shall be selected from one of the kllol__1_,trig species. 7.4 Open Space All species of Oak Pecan Elm and Cedar Elm Other species approved in writing by the Director of Planning & Community Development. All areas of a platted lot, for which a Certificate of Occupancy has been issued, and which do not contain buildings, structures, parking lots, sidewalks, fountains, site furniture or other improvements, including, but not limited to, front, side and rear building set back areas, and all areas between the curb line and the property line, must be planted, landscaped, and maintained in good condition. The landscape planting must provide for easy maintenance. Utility easements will be landscaped consistent with other landscape areas where allowed by the respective utility company. 13. 7.5 Rights of Way 7.6 Grass Areas within the road right -of -way must be landscaped only in accordance with a license agreement with the City. All landscaped areas not in groundcover or shrub beds will be planted in grasses, preferable sod. Overseeding in fall with cool season native grasses is allowed. The use of edging material to separate all grass areas from shrub and groundcover areas is required. The edging material will be concrete, steel, brick, or stone. No plastic edging is allowed. Use of narrow paving "mowstrips" is allowed around building foundations for easy maintenance. 7.7 Irrigation An underground, automatic irrigation system must be installed in all landscaped areas. Sprinkler heads must be located to effectively water the landscaped areas with minimal spray onto roadways, parking areas and walkways. 7.8 Parking Areas In all vehicular use areas and parking areas, a minimum of 90 square feet for each 9 parking spaces must be devoted to landscaped strips, islands, peninsulas, medians, or other landscaped areas. This landscaping shall be credited toward the street yard and general landscaping requirements. The arrangement and location of these areas shall be as described in the City's landscape ordinance. 7.9 Tree Protection Protected trees as defined in the Code shall be identified on a Tree Survey, which shall be provided as part of a Site Plan. These shall be incorporated into the development of the site, except where removal is approved in writing by the Director of Planning and Community Development. Protected trees shall be credited against landscaping requirements as stated in the Code. 8. UTILITY LINES: All utility service lines must be underground to connection points provided by the utility service provider. All transformers must be screened. 9. EXTERIOR LOT LIGHTING: 9.1 Parking Lot Fixtures 14. 9.2 Minimal Spillover 9.3 Site Plans 10. SIGNS: 10.1 All freestanding signs shall be Monument signs, as defined in the Code. 10.2 Standing signs shall not exceed six feet in height. 10.3 One freestanding sign shall be permitted for lots of less than three (3) acres in size. The maximum area of masonry monument signs, defined as the area contained within a polygon containing the actual lettering and any logo, shall be fifty square feet. The portions of a masonry structure on which the sign is located are not counted as part of the fifty square feet provided they are not contained within the polygon. The maximum area of all other signs shall be regulated by the Code. 10.4 Additional freestanding monument signs shall be permitted for lots of three acres or larger in accordance with the regulations contained in the Code. 10.5 Directional signs solely for the purpose of directing traffic or identifying buildings shall be permitted provided they are restricted to a size required for their function as determined by the Director of Planning. 11. FENCING All light fixtures shall be metal halide horizontal fixtures and shall be shielded and hooded so that light is directed downward to minimize excessive glare and sky glow pollution. The maximum height of light poles shall be twenty -five feet (25') including the base. All lighting on the rear of any building within one hundred and twenty feet (120') of any residential lot shall be wall - mounted fixtures no more than twelve feet (12') in height. Such fixtures can be swivel -type fixtures and shall be directed so as to not allow direct light to spill over the exterior boundary line to the Property to the residential lots. Site plans submitted with building permit applications shall include light specifications in accordance with this plan. Prior to issuance of the first Certificate of Occupancy for the Property, there shall be constructed, and thereafter properly maintained, an eight foot (8') wood fence with a wood rain cap (and posts which include a concrete base) along the northern and eastern boundary lines of the Property, with the finished side of the fence facing out from the Property. 15. . Pedestrian link m Crosshatched area can be developed as either commercial ", Single-family residential, in accordance with the provisions of the SF-2 Zoning District, but not both. ^* EXHIBIT D . � ~' r -- -- LOT /`~ ` \ ` /` .44, " 9111 -- _ � —.,s=~ ' — __ ___ __ _ - --- • � _----- � ~�- -= �c-.�^- ' - '-�� -_ ���� , ~_� - __, r� '-- _' ` ` ^ -'°" . -'-- - -��~ . ` �K� . /___' .- __ ___' _ �}�'_` _--_ - /' / {-�� , , Building Front Pedestrian link to shopping /sidewalk c v 0 EXHIBIT E PEDESTRIAN PLAZA FOCAL POINT PARKING LOT Building Front CONCEPTUAL PLAN OF FOCAL POINT & PEDESTRIAN LINK Pedestrian Zink to shopping /sidewalk THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK I, CHRISTINE R. MARTINEZ, City Secretary of the City of Round Rock, Texas, do hereby certify that I am the custodian of the public records maintained by the City and that the above and foregoing is a true and correct copy of Ordinance No. Z- 02 -03- 14-12C4. This ordinance was approved and adopted by the City Council of the City of Round Rock, Texas, at a meeting held on the 14th day of March, 2002 as recorded in the minutes of the City of Round Rock Book 47. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 14th day of May 2002. 2002037044 50 Pes $a CHRISTINE R. MARTINEZ, City Secretary ORDINANCE NO. L- ©a -O3 -/4- A2 `� 7 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.305(2), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO ZONE 22.06 ACRES OF LAND OUT OF THE ROBERT MCNUTT SURVEY, ABSTRACT 422, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS PLANNED UNIT DEVELOPMENT (PUD) NO. 49. WHEREAS, an application has been made to the City Council of the City of Round Rock, Texas to amend the Official Zoning Map to zone the property described in Exhibit "1" as Planned Unit Development (PUD) No. 49, said exhibit being attached hereto and incorporated herein, and WHEREAS, the City Council has submitted the requested change in the Official Zoning Map to the Planning and Zoning Commission for its recommendation and report, and WHEREAS, the Planning and Zoning Commission held a public hearing concerning the requested change on the 17th day of January, 2001, following lawful publication of the notice of said public hearing, and WHEREAS, after considering the public testimony received at such hearing, the Planning and Zoning Commission has recommended that the Official Zoning Map be amended so that the zoning classification of the property described in Exhibit "1" be changed to PUD No.49, and WHEREAS, on the 14th day of March, 2002, after proper notification, the City Council held a public hearing on the requested amendment, and WHEREAS, the City Council determines that the zoning provided for herein promotes the health, safety, morals and protects and preserves the general welfare of the community, and WHEREAS, each and every requirement set forth in Chapter 211, Sub - Chapter A., Texas Local Government Code, and Section 11.300, Code of Ordinances (1995 Edition), City of Round Rock, Texas concerning public notices, hearings, and other procedural matters has been fully complied with, Now Therefore BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT: I. That the City Council has hereby determined the Planned Unit Development (PUD) No. 49 meets the following goals and objectives: (1) The development in PUD No. 49 is equal to or superior to development that would occur under the standard ordinance requirements. (2) P.U.D. No. 49 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) P.U.D. No. 49 does not have an undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and general welfare. 2. (4) P.U.D. No. 49 will be adequately provisioned by essential public facilities and services including streets, parking, drainage, water, wastewater facilities, and other necessary utilities. (5) P.U.D. No. 49 will be constructed, arranged and maintained so as not to dominate, by scale and massing of structures, the immediate neighboring properties or interfere with their development or use in accordance with any existing zoning district. II. That the Official Zoning Map adopted in Section 11.305(2), Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended so that the zoning classification of the property described in Exhibit "1 ", attached hereto and incorporated herein shall be, and is hereafter designated as Planned Unit Development (PUD) No. 49, and that the Mayor is hereby authorized and directed to enter into the Agreement and Development Plan for PUD No. 49 attached hereto as Exhibit "2 ", which agreement shall govern the development and use of said property. III. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. 3. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED, and ADOPTED on first reading this I �7 t day of U r I ak `-' , 2002. Alternative 2. READ and APPROVED on first reading this the day of , 2002. READ, APPROVED and ADOPTED on second reading this the day of , 2002. ATTEST: CHRISTINE ;no City of Round Rock, Texas alc), R. MARTINEZ, City Secrete 4. 22 -06 Acre Tract Page 1 of 2 EXHIBIT FOR A 22.06 ACRE TRACT OF LAND SITUATED IN THE ROBERT MCNUTT SURVEY, ABSTRACT NO 422, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 9313 ACRE TRACT OF LAND AS DESCRIBED IN THAT DEED TO BARNES 93 ACRES. LTD., ET AL. BY INSTRUMENT RECORDED AS DOCUMENT NO. 9911566 OF THE OFFICIAL RECORDS OF SAID COUNTY AND AS DESCRIBED IN THAT DEED TO JAMES D. GRESSETT BY INSTRUMENT RECORDED AS DOCUMENT NO. 2000004166 OF THE OFFICIAL RECORDS OF SAID COUNTY, SAID 22.06 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod with a TxDot aluminum cap found on the east line of said 93.13 Acre Tract, and on the west line of a called 206.29 Acre Tract, (Tract 1), of land as described in that deed to Beverly Johnson Gordon by instilment recorded as Document No. 9835986 of the Official Records of said county, and for the northeast corner of a called 3.167 Acre Tract, (Parcel No. 6), of land as described in that right of entry, possession, and construction easement to Williamson County, Texas, by instrimtent . recorded as Document No. 2000004168 of the Official Records of said county, and for the southeast cornet and POINT OF BEGINNING of the herein described tract, from which an iron rod set for the northeast conic of said 93.13 Acre Tract bears NO2 °22'33 "W a distance of 2,652.43 feet and from which the southeast comer of said 93.13 Acre Tract bears 502°23'33'7 a distance of 105.99 feet; THENCE with the north line of said 3.167 Acre Tract, through said 93.13 Acre Tract, with the south line of the herein described tract, the following three (3) courses and distances: - - 1. With the arc of a curve to the left, passing at an arc distance of 135.70 feet Type H TxDot monument found, in all for a total are distance of 800.38 feet, with a central angle of 04 °00'56', a radius of 11,420 feet and a chord which bears S78°11 '20"W for a distance of 800.21 feet to a Type II TxDot monument found for the end of said curve and an angle point, 2. S13°49'17'7 for a distance of 20.01 feet to a Type II TxDot monument found for a point of curvature, With the arc of a curve to the left, passing at an arc distance of 349.06 feet a Type II TxDot monument found, in all for a total arc distance of 62632 feet with a central angle of 03 °08'52 ", a radius of 11;400 feet and a chord which bears - S74°35'38"W for a distance of 626.24 feet to a Type II TxDot monument found, on the north right-of-way line of U.S. Highway 79, (right -of -way width varies), for the northwest corner of said 3.167 Acre Tract, and the most southerly southwest corner of the herein described tract; THENCE with the south boundary line of said 93.13 Acre Tract, and the north right-of- way line of U.S. Highway 79, N54'21'06 "W for a distance of 936 feel to a Type II TxDot monument found on the east right -of -way of County Road 122, (right-of-way width varies), for the most westerly southwest corner of the said 93.13 Acre Tract, and for the most westerly southwest comer of the herein described tract, THENCE departing said north right -of -way line of U.S. Highway 79, with the west boundary line of said 93.13 Acre Tract, and the east right-of -way line of County Road 122, NO2 °43'25"W for a distance of 639.07 feet to an iron rod set for the south comer of that certain 2.301 Acre Tract of land described in a right of entry, possession, and construction easement to Williamson County, Texas, by instnunent recorded as Document No, 2000004168 in the Official Records of said county; 22.06 Are Tract Page 2 of 2 THENCE through said 93.13 Acre Tract, with the east line of said 2301 Acre Tract and the west line of the herein described tract, the following two (2) courses and distances: 1. With the arc of a curve to the left having an arc length of 245.92 feet, with a central angle of 23 °07'31 ", a radius of 609.30 feet and a chord which bears N08 °44'06 "E for a distance of 244.26 feet to an iron rod set for a point of tangency, 2. NO2 °49'40 "W for a distance of 121.54 feet to an iron rod set for the northwest comer of the herein described tract; THENCE leaving the east line of said 2.301 Acre Tract and continuing through the interior of said 93.13 Acre Tract the following five (5) courses and distances: 1. N87 °10'20 "E for a distance of 200.00 feet to an iron rod set on an angle point of the herein described tract, 2. S02 °49'40 "E for a distance of 100.00 feet to an iron rod set on an angle point of the herein described tract, 3. N87 °10'20 "E for a distance of 834.92 feet to an iron rod set on an angle point of the herein described tract, 4. S02 °22'33 "E for a distance of 319.35 feet to an iron rod set on an angle point of the herein described tract, 5. N87 °37'27 "E for a distance of 325.00 feet to an iron rod set on the east boundary line of said 93.13 Acre Tract, same being on the west boundary line of said 209.26 Acre Tract, (Tract 1), for the most easterly northeast comer of the herein described tract; THENCE with the east boundary line of said 93.13 Acre Tract, same being the west boundary line of said 206.29 Acre Tract, S02 °22'33 "E for a distance of 302.87 feet to the POINT OF BEGINNING of the herein described tract, and containing 22.06 Acres of Land, more or less. SurveAed under the direct sup of the undersigned: t,t-C ence A. Hunt Registered Professional Land Surveyor No.4328 BAKER - AICKLEN & ASSOCIATES, INC. 203 E. Main Street, Suite 201 Round Rock, Texas 78664 0'\597- 706 \field notes 9 -16-00 Date Oe T" J: 4 .. 1AS Y� ;: F.. N C[ t 1. 0: ; t ���r . . :+23 ' lti, SKETCH TOo ACCOMPANY FIELD NOTES MALIAMSON COUNTY, TEXAS MONT OF COUNT. POSSESSION CONSTRUCTION EASEMENT /[00 00C. 300416. 2501 ACRES Patel NO.. • MOWER LI 12 L3 LI 15 L6 1 . DIRECTION S 3 485r E N 02 9 N 07 E 5 02 3 p7•.9'13" x 54 • 3 02 51 9 DISTANCE £0.01' 1213• 200.00' 9.56 109.99' X2.32' LEGEND IRON ROD W /ALUMINL61 CAP IRON R SEE O O IRON R00 EOUND • CONC.MONUMEHT TOUND • POINT OF BEGINNING RECORD NE01Dl1TON ( ) •9EARX40 OASIS - THE CHORD O(ARN0 OF A souse FOOT ARC 705 RECORDS OF RLLUAM60N MINTY. TEXAS 2000004168 THE OFFICIAL As Prepared By:� Lowrance A. Hunt, R.P.1.S, Number 4328 203 E. Main 5f., Suite 201 Round Rock, TX 78664 BARNS 93 ACRES. LTD.. ET AL. 000 1990366 AND 005. 2200.0 OF A CALLED 93.13 ACRE TRAC MCNV: LJ LAB J. LOT N 81•£6 E NI -S /' M !7.1973" E 1390.1f fH pP37'12" EI (9420.797 U. HIGHWAY 79 UMBER CI CC C3 C1 03 C6 DELTA 01.00'36 " - 00.08'52" £5.0Y9f 00.30'06" 02.51'22" 03.•6 _CHORD BEARING 5 28•4'20" 9 3 71.35'30' M N 0.• E 5 80 E 5 78 5 75 9 RADIUS ' 9420.00 94000 609.50 3120.00 1524.0 5519.16 ARC • 000.3. 126.32 219.92 39.52 5 74.48 757.30 CHORD' 80031 626.24 244.26 99.97 57143 75736 Dale erVEBLY JOHNSON 0 ORDON DOC #983558 20629 ACRES TRACT 5 File: 597 - 706 -24 BY: 8 JOHNSON 5.£ 9EAM46 84013 WILLIAM50R COUNTY, TEXAS MIT 47 M ENTERS Fo0Jfsp1O CONSTRUCTION 6 NI 3.0 •CREt PARCEL MO. 6 Baker- Alcklen & AB,ocIst••, Inc. Engineers / Surveyors FA,n m6. 9:\ ROJECTS \0ARNE593 \93AC0A5E EXHIBIT "2" AGREEMENT AND DEVELOPMENT PLAN FOR THE PIONEER CROSSING, PUD NO. 49. THE STATE OF TEXAS COUNTY OF WILLIAMSON THIS AGREEMENT and Development Plan is made and entered by and between the City of Round Rock, Texas, a Texas municipal corporation, having its offices at 221 East Main Street, Round Rock, Texas 78664 (hereinafter referred to as the "City"), and John C. Lewis and Jimmy Nassour (Hereinafter referred to as the "Owner "). WHEREAS, the Owner has submitted a request to the City to rezone approximately 22.06 acres of land as a Planned Unit Development ( "PUD "), said acreage being more particularly described by metes and bounds in Exhibit "A" attached hereto and made a part hereof (hereinafter referred to as the "Property "), and WHEREAS, pursuant to Chapter 11, Section 11.316(8), Code of Ordinances (1995 Edition), City of Round Rock, Texas, the Owner has submitted a Development Plan setting forth, the development conditions and requirements within the PUD, which Development Plan is contained in Section II of this Agreement; and WHEREAS, on January 17, 2001, the City's Planning and Zoning Commission recommended approval of the Owner's application for a PUD. NOW THEREFORE BY THIS AGREEMENT WITNESSETH that, in consideration of the covenants and conditions set forth herein, the City and the Owner agree as follows: I. GENERAL PROVISIONS 1. CONFORMITY WITH DEVELOPMENT PLAN That all uses and development within the Property shall conform to the Development Plan included in Section II herein. 2. CHANGES AND MODIFICATIONS No changes or modifications will be made to this Agreement or the Development Plan unless all provisions pertaining to changes or modifications as stated in Section II.13 below are followed. (w ODPLtW ORLDO%' O, WDOX CORWGNLPUDSTIONEER ?PLANN002232]_NNflg 3. ZONING VIOLATION The Owner understands that any person, firm, corporation or other entity violating any conditions or terms of the Development Plan shall be subject to any and all penalties for the violation of any zoning ordinance as stated in Section 1.601, Code of Ordinances, (1995 Edition), City of Round Rock, Texas, as amended. 4. LIENHOLDER CONSENT A lien holders consent is attached hereto as Exhibit `B" 5. MISCELLANEOUS PROVISIONS 5.1 Assignment. Neither party may assign its rights and obligations under this Agreement without having first obtained the prior written consent of the other which consent shall not be unreasonably withheld. This section shall not prevent the Owner from selling the Property or portions of the Property, together with all development rights and obligations contained in this Agreement and Development Plan. 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 one or more provisions contained herein are deemed invalid, illegal or unenforceable in any respect such invalidity, illegality or unenforceability shall not affect any other provisions hereof and in such event, this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 5.4 Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes any prior or contemporaneous oral or written understandings or representations of the parties respecting the subject matter hereof. 5.5 Applicable Law. This Agreement shall be construed under and in accordance with the laws of the State of Texas. 2. 5.6 Venue. All obligations of the parties created hereunder are performable in Williamson County; Texas and venue for any action arising hereunder shall be in Williamson County. 5.7 No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to confer upon any person or entity, other than the parties hereto (and their respective successors and assigns), any rights, benefits or remedies under or by reason of this Agreement. 5.8 Duplicate Originals. This Agreement may be executed in duplicate original, each of equal dignity. 5.9 Notices. Until changed by written notice thereof any notice required under this Agreement may be given to the respective parties, by certified mail, postage prepaid or by hand delivery to the address of the other party shown below: OWNER: CITY OF ROUND ROCK: John C. Lewis City of Round Rock, Texas Jimmy Nassour 221 East Main Street Round Rock, Texas 78664 1717 W. 6i Street Austin, Texas 78703 Attn.: Director of Planning Attn: John C. Lewis 5.10 Effective Date. This Agreement shall be effective from and after the date of due execution hereof by all parties. 5.11 Appeal of Administrative Decisions. Administrative decisions provided for in this Agreement may be appealed to the City Council in writing within 90 days following receipt by the Owner of the written confirmation of the decision. 5.12 Binding Effect. This Agreement and the Development Plan binds and benefits the Owner and its successors and assigns. 3. 1. DEFINITIONS Words and terms used herein shall have their usual force and meaning, or as defined in the Code of Ordinances (1995 Edition), City of Round Rock, Texas, hereinafter referred to as "the Code ". 2. PROPERTY This Development Plan ( "Plan") covers approximately 22.06 acres of land, located within the city limits of Round Rock, Texas, and more particularly described by metes and bounds in Exhibit "A ", attached hereto. 3. PURPOSE The purpose of this Plan is to insure a Planned Unit Development ( "PUD ") that 1) is equal to or superior to development that would occur under the standard ordinance requirements, 2) is in harmony with the General Plan, as amended, 3) does not have an undue adverse affect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and welfare, 4) is adequately provisioned by essential public facilities and services, and 5) will be developed and maintained so as to not dominate, by scale or massing of structures, the immediate neighboring properties or interfere with their development or use in accordance with any existing zoning district. 4. APPLICABILITY OF CITY ORDINANCES 4.1 Zoning and Subdivision Ordinances The Property shall be regulated for purposes of zoning and subdivision by this Plan. All aspects not specifically covered by this Plan shall be regulated by applicable sections of the Code. 4.2 Other Ordinances and Policies All other Ordinances and policies including the Palm Valley Area Plan shall apply to the Property, except as clearly modified by this Plan. 5. PERMITTED USES II DEVELOPMENT PLAN The Property shall be used and developed for the uses shown in Exhibit "C" attached hereto and incorporated herein. 4_ 6. DEVELOPMENT STANDARDS The Property shall be developed in accordance with the Development Standards set forth in Exhibit "C ", attached hereto and incorporated herein. 7. BUILDINGS Building size, dimension, height and setbacks for all parcels shall be as modified in Exhibit "C ", attached hereto, as applicable to each parcel and its designated use. 8. LANDSCAPING and BUFFERING Landscaping and buffering shall be as modified in Exhibit "C ", attached hereto, as applicable to each parcel and its designated use. 9. UNDERGROUND UTILITY SERVICE Except where approved in writing by the Director of Public Works, all electrical, telephone and cablevision distribution and service lines, other than overhead lines, which are, three phase or larger, shall be placed underground. 10. DRIVEWAY ACCESS TO U.S. HIGHWAY 79 Three (3) driveway / street access points shall be permitted to U.S. Highway 79. Driveways and streets to U.S. Highway 79 shall be spaced no less than 200 feet apart measured center line to center line. All U.S. Highway 79 access points will also be subject to approval by the Texas Department of Transportation. Each driveway throat depth shall be eighty feet ( 80') between the edge of the highway pavement and the first internal intersection within the parking lot. 11. DRIVEWAY ACCESS TO COUNTY ROAD 122 Only one driveway shall be allowed onto County Road 122 . 12. PHASING The development of the Property may be phased at the developer's option. Phasing shall be identified on the Preliminary Plat. 5. 13. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN 13.1 Minor Changes Minor changes to this Agreement or Plan which do not substantially change this Plan may be approved administratively, if approved in writing, by the Director of Public Works, the Director of Planning and Development, and the City Attorney. 13.2 Major Changes Major changes shall be resubmitted following the same procedure required by the original PUD application. 14. GENERAL PLAN 2000 This agreement is in compliance with the Round Rock General Plan 2000, which was adopted on June 10,1999 15. PALM VALLEY PLAN This agreement is in compliance with the Palm Valley Are PIan dated August, 2000 and contains requirements that assist in the implementation of that plan. CITY OF ROUND ROCK, TEXAS By: Robert Stluka, Jr., Mayor Date: John C. Lewis Date: Jimmy Nassour Date: 6. STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on this the by John C. Lewis. STATE OF TEXAS COUNTY OF ACKNOWLEDGMENT Notary Public, State of Texas ACKNOWLEDGMENT This instrument was acknowledged before me on this the by Jimmy Nassour. Notary Public, State of Texas 7. day of ,2002 day of ,2002 22.06 Acre Tract Page 1 of 2 TRACT 1 EXHIBIT 'A" DESCRIPTION FOR A 22.06 ACRE TRACT OF LAND SITUATED IN THE ROBERT MCNUTF SURVEY, ABSTRACT NO 422, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 93 13 ACRE TRACT OF LAND AS DESCRIBED IN THAT DEED TO BARNES 93 ACRES. LTD., ET AL. BY INSTRUMENT RECORDED AS DOCUMENT NO. 9911566 OF THE OFFICIAL RECORDS OF SAID COUNTY AND AS DESCRIBED IN THAT DEED TO JAMES D. GRESSETT BY INSTRUMENT RECORDED AS DOCUMENT NO. 2000004166 OF THE OFFICIAL RECORDS OF SAID COUNTY, SAID 22.06 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY Mb1 hS AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod with a TxDot aluminum cap found on the east line of said. 93.13 Acre Tract, and on the west line of a called 206.29 Acre Tract, (Tract 1), of land as described in that deed to Beverly Johnson Gordon by instrument recorded as Document No. 9835986 of the Official Records of said county, and for the northeast corner of a called 3.167 Acre" Tract, (Parcel No. 6), of land as described in that right of entry, possession, and construction easement to Williamson County, Texas, by instnnnent recorded as Document No. 2000004168 of the Official Records of said county, and for the southeast comet and POINT OF BEGINNING of the herein described tract, from which an iron rod set for the northeast comer of said 93.13 Acre Tract bears NO2 °22'33 "W a distance of 2,652.43 feet and from which the southeast comer of said 93.13 Acre. Tract bears S02 °23'33"E a distance of 105.99 feet; THENCE with the north line of said 3.167 Acre Tract, through said 93.13 Acre Tract, with the south line of the herein described tract, the following three (3) courses and distances: 1. With the arc of a curve to the left, passing at an arc distance of 135.70 feet a Type 11 TxDot monument found, in all for a total arc distance of 800.38 feet, with a central angle of 04 °00'56 ", a radios of 11,420 feet and a chord which- bears S78 °11'20 "W for a distance of 800.21 feet to a Type II TxDot monument found for the end of said curve and an angle point, 2. S13 °49'17 "E for a distance of 20.01 feet to a Type II TxDot monument found for a point of curvature, 3. With the arc of a curve to the left, passing at an are distance of 349.06 feet a Type H TxDot monument found, in all for a total arc distance of 626.32 feet with a central angle of 03 °08'52 ", a radius of 11;400 feet and a chord which bears S74 °35'38 "W for a distance of 626.24 feet to a Type U TxDot monument found, on the north right -of -way line of U.S. Highway 79, (right -of -way width varies), for the northwest corner of said 3.167 Acre Tract, and the most southerly southwest comer of the herein described tract; THENCE with the south boundary line of said 93.13 Acre Tract, and the north right -of- way line of U.S. Highway 79, N54 °21'06 "W for a distance of 9.36 feet to a Type II TxDot monument found on the east right -of -way of County Road 122, (right -of-way width varies), for the most westerly southwest corner of the said 93.13 Acre Tract, and for the most westerly southwest corner of the herein described tract, THENCE departing said north right -of -way line of U.S. Highway 79, with. the west boundary line of said 93.13 Acre Tract, and the east right -of -way line of County Road 122, NO2 °43'25 "W for a distance of 639.07 feet to an iron rod set for the south corner of that certain 2.301 Acre Tract of land described in a right of entry, possession, and construction easement to Williamson County, Texas, by instrument recorded as Document No, 2000004168 in the Official Records of said county; - - 22.06 Acre Tract Page 2 of 2 THENCE through said 93.13 Acre Tract, with the east line of said 2.301 Acre Tract and the west line of the herein described tract, the following two (2) courses and distances: 1. With the arc of a curve to the left having an arc length of 245.92 feet, with a central angle of 23 °07'31 ", a radius of 609.30 feet and a chord which bears N08 °44'06"E for a distance of 244.26 feet to an iron rod set for a point of tangency, 2. NO2 °49'40"W for a distance of 121.54 feet to an iron rod set for the northwest corner of the herein described tract; THENCE leaving the east fine of said 2.301 Acre Tract and continuing through the interior of said 93.13 Acre Tract the following five (5) courses and distances: I. N87 °10'20 "E for a distance of 200.00 feet to an iron rod set on an angle point of the herein described tract, 2. S02 °49'40 "E for a distance of 100.00 feet to an iron rod set on an angle point of the herein described tract, 3. N87°I0'20 "E for a distance of 834.92 feet to an iron rod set on an angle point of the herein described tract, S02 °22'33"E for a distance of 319.35 feet to an iron rod set on an angle point of the herein described tract, 5. N87 °37'27 "E for a distance of 325.00 feet to an iron rod set on the east boundary line of said 93.13 Acre Tract, ,same being on the west boundary line of said 209.26 Acre Tract, (Tract 1), for the most easterly northeast comer of the herein described tract; THENCE with the east boundary line of said 93.13 Acre Tract, same being the west boundary line of said 20629 Acre Tract, S02 °22'33 "E for a distance of 302.87 feet to the POINT OF BEGINNING of the herein described tract, and containing 22.06 Acres of Land, more or less. under the direct sup sion of the undersigned: Lake A. Hunt Registered Professional Land Surveyor No.4328 BAILER- AICKLEN & ASSOCIATES, INC. 203 E. Main Street, Suite 201 Round Rock, Texas 78664 °1597- 7061field rota 9.2600 JCt d ? oc.o Date IA'NRENCP A WJNT 4328 "/O o' :O RAWER DELTA CIfRO0ER11•0 RAM IS' ARC' C•0R0 C1 04 6 719 • - 5420.00 500.35 000.10 62 03 3 74.3374'' Y 1400.00 071.32 .02624 63 23 N 0•44'6' E 609.30 245.92 144.26 04 0013006' 1 11024Y9 . E 4420.00 9921" 99.07 CS Or3F22' 470919' • 552436 574.49 574.43 C6 03 3 73•22'31 • 15016 74740 757.36 BARNS 93 ACRES. I. TO- ET AL. 00C-1339566 ANY 604 /2000004166 OF • CALLED 9333 ACRE TRACT 0 1.440500 COMM. TEXAS C000 EN7ERT.P033ES3I01L 7R9CrN4 £.3EBEsr 1.4w)acs �L NO A06NIER L1 L2 L5 L6 L/ OBECTpN a A•49W C N Or44'4r • 67 Or1070 E 0 34•X06' r • A Or25.35" E N 34.3476' • DISTANCE 20.01 m54' 200.00' a or4,'.r E a 0r46r0 30.05' 's4' w.9s' • 6231 MEN RpN 000 N /.0wU0 W W • RON ROD 531 0 51416 ROD 701.710 CONC.30MIIEI0 707.0 POOR Or BE0IRRR v .0. w RECORD 16060301033 - ( SKETCH TO AC oOMPA YFan NOW A BEAR; 54010 - M n107N 0E.0R0I5 OF A 40946 FOOT RC PER 30040751 N0. 2000004169 OF 114E OFFICIAL RECORDS of 0EL4N50N COME. T5A3 As Prepared ey: L'ooron A. Hunl. 9.1.E.S.., Number 4328 203 E. Main 51, Suit. 200 Round Rock. 75. 78664 19 1 3wM7r PARR CAB A SLO Lor 67,6'45.4' 34.6 /' U.S- 00. BEVERLY AMASON CAROM 004 09035.6 20629 ACRES TRACT 3 16W 79 • File: 597- 706 -24 871 8 JOHNSON ICANII6 BAPS • A . 057 is; Ezt E1.4•50■ 0067777. TEXAS MORT OF ENTGT. 90036201014; 600 2200WO4441 Nr 3367 ACRES PARCEL No 6 Baker- Alcklen A Associate., Inc. 2.914.417 / SDr.47o17 STATE OF TEXAS COUNTY OF 1 \1 V 15 The Compass Bank, N.A., 10711 Burnet Road, Austin, Texas 78758, acting herein by and through its duly authorized officers being the holder of a lien as evidenced by Deed of Trust recorded in Document No. 9911567 of the Official Records of Williamson County, Texas, does hereby consent to the Agreement and Development Plan of 22.06 acres of land situated in Round Rock, Williamson County, Texas, and does further hereby join, approve and consent to all provisions shown therein. ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF 7r O V1 S This instrument was acknowledged before me on this the 1 day of FP ,- 2001, by Frank Ivy 8 LISA SPRADLIN i Notary Public, State of Texas My Commission Expires OCTOBER 25, 2004 EXHIBIT B LIEN HOLDER'S CONSENT COMPASS BANK 11711 Burnet Road Austin, Texas rank Ivy MI Notary Public, State of Texas The Following Development Standards shall apply to all development on the Property. 1. PERMITTED USES: The following principal uses are permitted: All C -1 General Commercial uses identified in the City of Round Rock Zoning Ordinance except prohibited uses listed in this agreement. The crosshatched areas shown in Exhibt "D ", attached hereto, shall be developed under the PUD standards described herein or as a standard SF -2 lot subdivision. 2. PROHIBITED USES: EXHIBIT "C" DEVELOPMENT STANDARDS The following uses are prohibited on the property: mini - warehouses, sexually oriented businesses, portable buildings sales except as incidental to other retail sales, amusement parks or carnivals, wholesale nurseries, recreational vehicle parks, outdoor shooting ranges, pawn shops, heavy equipment sales, kennels (but not prohibiting pet shops and veterinary clinics with overnight facilities), vehicle sales, auto body shops and paint shops and truck stops. 3. PALM VALLEY URBAN ACTIVITY CENTER: The Palm Valley Area Plan designates the property as an "Urban Activity Center ". The following development guidelines shall apply to development of commercial uses. These guidelines are intended to encourage a sense of place and an increased level of pedestrian orientation for commercial uses. • Consistently designed landscape treatments should be included as part of site plans for the property. • Building fronts should utilize porches, awnings, arcades, colonnades, entries and windows to encourage a relationship to the street or parkland. • Traditional building designs and building materials should be encouraged. • Provide street trees as a unifying design element as identified in section 7 of this Exhibit. • Prohibit certain building materials as identified in section 4 of this Exhibit. • Establish a consistent form and design for signage. • Establish a pedestrian connection to the abutting residential subdivision proposed to the north. RPFDeskiop \_GDMA/WORLDOX/C:?EXT /SEPUDS /PIONEER CROSSING EXHIMTC.W PD /kg 4. PROHIBITED BUILDING MATERIALS: The following materials are prohibited on the exterior walls of all buildings and structures (this section does not apply to roofs): Sheet and corrugated metal, and unfinished Aluminum Asbestos Galvanized Steel Mirrored Glass (reflectivity of 20% or more) E.I.F.S. (Exterior Insulation Finish System, as defined in the Construction Specifications Institute, Standard Format, Division 7) 5. DESIGN STANDARDS: 5.1 Height The maximum height of buildings on the Property shall be two stories or forty feet (40'). Two story structures allows for both office and retail mixed use development with retail commercial required on the first floor. 5.2 Building Setbacks 5.2.1 Minimum building setbacks from US Highway 79 shall be twenty-five feet (25'). 5.2.2 Minimum building setbacks from County Road 122 shall be twenty -five feet (25'). 5.2.3 All other building setbacks shall be in accordance with the C- I (General Commercial) zoning district. 5.3 Pad Sites The number of pad sites that front onto U.S. Highway 79 shall not exceed four (4). 5.4 Pedestrian Links to Residential Uses A pedestrian link to the Pioneer Crossing residential subdivision shall be provided at the location as generally shown on Exhibit "D" attached hereto. This link shall have a minimum width of twenty feet (20') and shall be a separate lot owned and maintained by the Pioneer Crossing Homeowners Association. 5.5 Community Focal Point/Village Green A Community Focal Point/Village Green ( "Village Green ") which shall include a fountain, courtyard, or other architectural feature, shall be located within the 10. area shown on Exhibits "D" and "E". All commercial development abutting the Village Green shall face the Village Green. The Village Green shall be linked to abutting residential development with a combination of landscaping and pavers. The same pavement material shall be used throughout the commercial development at major pedestrian crosswalks across the driveways from the shops to the parking areas. 5.6 Site Planning Guidelines The Palm Valley Area Planning and Design Study, as approved in Resolution No. 00- 08- 10 -10A1, Sections 4.2.1, Site Planning Guidelines, 4.2.2 Building Massing and Design Guidelines, and 4.2.3 Urban Design Guidelines shall be used in the design of the PUD. 5.7 Exterior Finish 5.7.1 The exterior finish of all buildings (walls) shall be masonry, except for doors, windows and trim. Masonry shall mean stone, simulated stone, brick, stucco, terra cotta or such other suitable material as may be approved by the Director of Planning and Community Development. The amount of stucco or terra cotta shall not exceed 50% of the exterior finish of a building. The rear of the building may be constructed of split face concrete block. 5.7.2 Buildings shall contain one or more of the design features identified in Section 4.4 of the Palm Valley Area Planning & Design Study. 6. SERVICE & LOADING AREAS: 6.1 Screening Required No dock high loading area is permitted unless such area is visually screened from public view from public streets. No merchandise metal containers may be left stored in any parking area overnight. 6.2 Delivery Vehicles All delivery and utility vehicles stored on -site must be inside a closed building or within a screened portion of the site. 6.3 Service Areas Service areas will be screened from adjacent tracts and all public rights -of —way. Methods of screening include walled entrances, evergreen landscaping, and depressed service areas. Screening walls must be constructed of the same materials as the main building. 6.4 Loading areas All loading and service docks must be clearly signed. Loading docks must be clearly denoted on the pavement and designed so as not to prohibit on -site vehicular circulation when occupied. Loading docks will be located directly in front of a loading door. Loading docks must be designed to accommodate backing and maneuvering on -site, not from a public street. 6.5 Trash Storage Refuse storage enclosures are required for all buildings. Enclosures must be of sufficient height to completely screen all refuse containers and must be provided with gates, so as to provide screening of views from adjacent lots and public rights -of -way. All enclosures must be constructed of pennanent materials (concrete, 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 collection. No trash enclosure shall be located within fifty feet (50') of any exterior boundary which is adjacent to single family residential uses or a public right of way. 6.6 Street Level Mechanical Equipment All ground- mounted service equipment (e.g., air conditioners, transformers, and trash collection equipment) related to each building shall be consolidated in one or more enclosed service areas. Landscaping shall be used to soften the visual appearance of the walls enclosing the service area. Service areas must be paved, curbed, and internally drained. 6.7 Roof Mounted Mechanical Equipment All roof mounted mechanical elements shall be screened from view from the public right -of -way along County Road 122 from its intersection with Highway 79 to the northern boundary of the Southern Hills Subdivision. Screening must be compatible with the building design. 7. LANDSCAPING: 7.1 Landscape Easement adjacent to public streets A fifteen foot (15') wide landscape easement shall be provided abutting public rights -of -way, and single family residential uses. All areas located within these Landscape Easements shall be used solely for the purpose of landscaping, except for sidewalks, driveways to access public streets, monument signs, and utility structures and meters required to provide utilities to the Property. This landscape easement shall be credited toward the street yard and general landscaping requirements as described in the Code. along Highway 79 and from the intersection of Highway 79 and County Road 122 and along County Road 122 to the northern boundary of the Southern Hills Subdivision. 12. 7.2 Street Trees Street trees shall be planted within the landscape easement required by Section 7.1 of this Exhibit. The street trees shall be planted prior to the issuance of a Certificate of Occupancy for the buildings on each lot. Street trees shall be planted at intervals of 25 -feet to 40 -feet apart. Street trees shall have a minimum caliper size of 3- inches and shall be selected from one of the following species. All species of Oak Pecan Elm and Cedar Elm Other species approved in writing by the Director of Planning & Community Development. 7.3 Trees abutting Single Family Residential Development Trees shall be planted within the landscape easement required by Section 7.1 of this Exhibit. The trees shall be planted prior to the issuance of a Certificate of Occupancy for the buildings on each lot. Trees shall be planted at intervals of 25 -feet to 40 -feet apart. Street trees shall have a minimum caliper size of 3- inches and shall be selected from one of the following species. 7.4 Open Space All species of Oak Pecan Elm and Cedar Elm Other species approved in writing by the Director of Planning & Community Development. All areas of a platted lot, for which a Certificate of Occupancy has been issued, and which do not contain buildings, structures, parking lots, sidewalks, fountains, site furniture or other improvements, including, but not limited to, front, side and rear building set back areas, and all areas between the curb line and the property line, must be planted, landscaped, and maintained in good condition. The landscape planting must provide for easy maintenance. Utility easements will be landscaped consistent with other landscape areas where allowed by the respective utility company. 13. 7.5 Rights of Way 7.6 Grass Areas within the road right -of -way must be landscaped only in accordance with a license agreement with the City. All landscaped areas not in groundcover or shrub beds will be planted in grasses, preferable sod. Overseeding in fall with cool season native grasses is allowed. The use of edging material to separate all grass areas from shrub and groundcover areas is required_ The edging material will be concrete, steel, brick, or stone. No plastic edging is allowed. Use of narrow paving "mowstrips" is allowed around building foundations for easy maintenance. 7.7 Irrigation An underground, automatic irrigation system must be installed in all landscaped areas. Sprinkler heads must be located to effectively water the landscaped areas with minimal spray onto roadways, parking areas and walkways. 7.8 Parking Areas In all vehicular use areas and parking areas, a minimum of 90 square feet for each 9 parking spaces must be devoted to landscaped strips, islands, peninsulas, medians, or other landscaped areas. This landscaping shall be credited toward the street yard and general landscaping requirements. The arrangement and location of these areas shall be as described in the City's landscape ordinance. 7.9 Tree Protection Protected trees as defined in the Code shall be identified on a Tree Survey, which shall be provided as part of a Site Plan. These shall be incorporated into the development of the site, except where removal is approved in writing by the Director of Planning and Community Development. Protected trees shall be credited against landscaping requirements as stated in the Code. 8. UTILITY LINES: All utility service lines must be underground to connection points provided by the utility service provider. All transformers must be screened. 9. EXTERIOR LOT LIGHTING: 9.1 Parking Lot Fixtures 14. 9.3 Site Plans 11. FENCING All light fixtures shall be metal halide horizontal fixtures and shall be shielded and hooded so that light is directed downward to minimize excessive glare and sky glow pollution. The maximum height of light poles shall be twenty-five feet (25') including the base. 9.2 Minimal Spillover All lighting on the rear of any building within one hundred and twenty feet (120) of any residential lot shall be wall- mounted fixtures no more than twelve feet (12) in height. Such fixtures can be swivel -type fixtures and shall be directed so as to not allow direct light to spill over the exterior boundary line to the Property to the residential lots. Site plans submitted with building permit applications shall include light specifications in accordance with this plan. 10. SIGNS: 10.1 All freestanding signs shall be Monument signs, as defined in the Code. 10.2 Standing signs shall not exceed six feet in height. 10.3 One freestanding sign shall be permitted for lots of less than three (3) acres in size. The maximum area of masonry monument signs, defined as the area contained within a polygon containing the actual lettering and any logo, shall be fifty square feet. The portions of a masonry structure on which the sign is located are not counted as part of the fifty square feet provided they are not contained within the polygon. The maximum area of all other signs shall be regulated by the Code. 10.4 Additional freestanding monument signs shall be permitted for lots of three acres or larger in accordance with the regulations contained in the Code. 10.5 Directional signs solely for the purpose of directing traffic or identifying buildings shall be permitted provided they are restricted to a size required for their function as determined by the Director of Planning. Prior to issuance of the first Certificate of Occupancy for the Property, there shall be constructed, and thereafter properly maintained, an eight foot (8) wood fence with a wood rain cap (and posts which include a concrete base) along the northern and eastem boundary lines of the Property, with the finished side of the fence facing out from the Property. 15. rian link to single-family neighborhood 111111 . , f FOCAL 1. r POINT • .... . . i I . i •- 4 COMMERCIAL t 4.11ERAt ■ i ■ ' ...- ./ .d.- / ...,/----,..---- - tx f AD.D _P../ ,., ■ 11 ( 1 \ .. •--., :, \ We 09EV \ I --' ...• \ ._ N . L. ■N__•_,...'s.-.., ) Crosshatched area can be developed as either commercial or S ingle-family residential, in accordance with the provisions of the SF-2 Zoning District, but not both. •• EXHIBIT D / - " SE-2 SINGLE rAmut.- srmoily: [An It ./44 / RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation %--,-- — -...." ....,•■•'...'...'".....'..- . •--_-_ ; _ -_._ • .?_ • __.. --=''-'7- -------;,---='- 0 , - - , - - -_-1-1f"..,--.:72_____---:_l_,___-_-_,--____—_7_.___ _:___::;,.--i_ ..--- ._, .,-...------ ...--..•-_,_. ,...... • ..-,-- ---.. _...... -. - - IG.-..-f•-•-____-_-_,...:---:- _.. _... _ ._ _......, --.. --. - --, N_■ .. - . ' .. --.7-..--- - _ ...., • - ' . • \ • ;A ,\ --•,, Building Front Pedestrian link to shopping/sidewalk EXHIBIT E PEDESTRIAN PLAZA FOCAL POINT PARKING LOT Building Front CONCEPTUAL PLAN OF FOCAL POINT & PEDESTRIAN LINK RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation. Pedestrian Zink to shopping/sidewalk PIONEER CROSSING ORIGINAL ZONING: PUD #49 RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation. OUT OF CITY & ETJ AGREEMENT AND DEVELOPMENT PLAN FOR THE PIONEER CROSSING, PUD NO. 49. THE STATE OF TEXAS COUNTY OF WILLIAMSON ORIGINAL THIS AGREEMENT and Development Plan is made and entered by and between the City of Round Rock, Texas, a Texas municipal corporation, having its offices at 221 East Main Street, Round Rock, Texas 78664 (hereinafter referred to as the "City "), and John C. Lewis and Jimmy Nassour (Hereinafter referred to as the "Owner "). WHEREAS, the Owner has submitted a request to the City to rezone approximately 22.06 acres of land as a Planned Unit Development ( "PUD "), said acreage being more particularly described by metes and bounds in Exhibit "A" attached hereto and made a part hereof (hereinafter referred to as the "Property "), and WHEREAS, pursuant to Chapter 11, Section 11.316(8), Code of Ordinances (1995 Edition), City of Round Rock, Texas, the Owner has submitted a Development Plan setting forth, the development conditions and requirements within the PUD, which Development Plan is contained in Section II of this Agreement; and WHEREAS, on January 17, 2001, the City's Planning and Zoning Commission recommended approval of the Owner's application for a PUD. NOW THEREFORE BY THIS AGREEMENT WITNESSETH that, in consideration of the covenants and conditions set forth herein, the City and the Owner agree as follows: I. GENERAL PROVISIONS 1. CONFORMITY WITH DEVELOPMENT PLAN That all uses and development within the Property shall conform to the Development Plan included in Section II herein. 2. CHANGES AND MODIFICATIONS No changes or modifications will be made to this Agreement or the Development Plan unless all provisions pertaining to changes or modifications as stated in Section I1.13 below are followed. (m;:ODMA!WORLDOX /O AVDOX: CORK: GNI/ PUDS/PIONEERPLAN /0002232].WPD1p Z - O - 03- 14 - aCi 3. ZONING VIOLATION The Owner understands that any person, firm, corporation or other entity violating any conditions or terms of the Development Plan shall be subject to any and all penalties for the violation of any zoning ordinance as stated in Section 1.601, Code of Ordinances, (1995 Edition), City of Round Rock, Texas, as amended. 4. LIENHOLDER CONSENT A lien holders consent is attached hereto as Exhibit "B" 5. MISCELLANEOUS PROVISIONS 5.1 Assignment. Neither party may assign its rights and obligations under this Agreement without having first obtained the prior written consent of the other which consent shall not be unreasonably withheld. This section shall not prevent the Owner from selling the Property or portions of the Property, together with all development rights and obligations contained in this Agreement and Development Plan. 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 one or more provisions contained herein are deemed invalid, illegal or unenforceable in any respect such invalidity, illegality or unenforceability shall not affect any other provisions hereof and in such event, this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 5.4 Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes any prior or contemporaneous oral or written understandings or representations of the parties respecting the subject matter hereof. 5.5 Applicable Law. This Agreement shall be construed under and in accordance with the laws of the State of Texas. 2. 5.6 Venue. All obligations of the parties created hereunder are performable in Williamson County; Texas and venue for any action arising hereunder shall be in Williamson County. 5.7 No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to confer upon any person or entity, other than the parties hereto (and their respective successors and assigns), any rights, benefits or remedies under or by reason of this Agreement. 5.8 Duplicate Originals. This Agreement may be executed in duplicate original, each of equal dignity. 5.9 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: John C. Lewis Jimmy Nassour 1717 W. 6'" Street Austin, Texas 78703 Attn: John C. Lewis 5.10 Effective Date. CITY OF ROUND ROCK: City of Round Rock, Texas 221 East Main Street Round Rock, Texas 78664 Attn.: Director of Planning This Agreement shall be effective from and after the date of due execution hereof by all parties. 5.11 Appeal of Administrative Decisions. Administrative decisions provided for in this Agreement may be appealed to the City Council in writing within 90 days following receipt by the Owner of the written confirmation of the decision. 5.12 Binding Effect. This Agreement and the Development Plan binds and benefits the Owner and its successors and assigns. 3. 1. DEFINITIONS Words and terms used herein shall have their usual force and meaning, or as defined in the Code of Ordinances (1995 Edition), City of Round Rock, Texas, hereinafter referred to as "the Code ". 2. PROPERTY 3. PURPOSE II DEVELOPMENT PLAN This Development Plan ( "Plan") covers approximately 22.06 acres of land, located within the city limits of Round Rock, Texas, and more particularly described by metes and bounds in Exhibit "A ", attached hereto. The purpose of this Plan is to insure a Planned Unit Development ( "PUD ") that 1) is equal to or superior to development that would occur under the standard ordinance requirements, 2) is in harmony with the General Plan, as amended, 3) does not have an undue adverse affect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and welfare, 4) is adequately provisioned by essential public facilities and services, and 5) will be developed and maintained so as to not dominate, by scale or massing of structures, the immediate neighboring properties or interfere with their development or use in accordance with any existing zoning district. 4. APPLICABILITY OF CITY ORDINANCES 4.1 Zoning and Subdivision Ordinances The Property shall be regulated for purposes of zoning and subdivision by this Plan. All aspects not specifically covered by this Plan shall be regulated by applicable sections of the Code. 4.2 Other Ordinances and Policies All other Ordinances and policies including the Palm Valley Area Plan shall apply to the Property, except as clearly modified by this Plan. 5. PERMITTED USES The Property shall be used and developed for the uses shown in Exhibit "C" attached hereto and incorporated herein. 4. 6. DEVELOPMENT STANDARDS The Property shall be developed in accordance with the Development Standards set forth in Exhibit "C ", attached hereto and incorporated herein. 7. BUILDINGS Building size, dimension, height and setbacks for all parcels shall be as modified in Exhibit "C ", attached hereto, as applicable to each parcel and its designated use. 8. LANDSCAPING and BUFFERING Landscaping and buffering shall be as modified in Exhibit "C ", attached hereto, as applicable to each parcel and its designated use. 9. UNDERGROUND UTILITY SERVICE Except where approved in writing by the Director of Public Works, all electrical, telephone and cablevision distribution and service lines, other than overhead lines, which are, three phase or larger, shall be placed underground. 10. DRIVEWAY ACCESS TO U.S. HIGHWAY 79 Three (3) driveway / street access points shall be permitted to U.S. Highway 79. Driveways and streets to U.S. Highway 79 shall be spaced no less than 200 feet apart measured center line to center line. All U.S. Highway 79 access points will also be subject to approval by the Texas Department of Transportation. Each driveway throat depth shall be eighty feet ( 80') between the edge of the highway pavement and the first internal intersection within the parking lot. 11. DRIVEWAY ACCESS TO COUNTY ROAD 122 Only one driveway shall be allowed onto County Road 122 . 12. PHASING The development of the Property may be phased at the developer's option. Phasing shall be identified on the Preliminary Plat. 5. 13. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN 13.1 Minor Changes Minor changes to this Agreement or Plan which do not substantially change this Plan may be approved administratively, if approved in writing, by the Director of Public Works, the Director of Planning and Development, and the City Attorney. 13.2 Major Changes Major changes shall be resubmitted following the same procedure required by the original PUD application. 14. GENERAL PLAN 2000 This agreement is in compliance with the Round Rock General Plan 2000, which was adopted on June 10,1999 15. PALM VALLEY PLAN This agreement is in compliance with the Palm Valley Are Plan dated August, 2000 and contains requirements that assist in the implementation of that plan. CITY OF ROUND ROCK, TEXAS RobFluka, Jr., Mayor Date: Date: Date: 6. wis 3_ / 8- oz_ N sour $-D STATE OF TEXAS • COUNTY OF ,!... ZUL4-) This instrument was acknowledged before me on this the f day ofdt]a.tLI(, 2002 by John C. Lewis. STATE OF TEXAS COUNTY OF �j(,IGLGt�/ This instrument was acknowledged before me on this the / 0 r day of Meta, 2002 by Jimmy Nassour. JODITH R.OEZSO MY COMMISSION EXPIRES ` June 29, 2004 1 ACKNOWLEDGMENT ACKNOWLEDGMENT 7. Public, State of Tex ary Public, State o exas 22.06 Acre Tract Page 1 of2 TRACT 1 EXHIBIT "A" DESCRIPTION FOR A 22.06 ACRE TRACT OF LAND SITUATED IN THE ROBERT MCNUTT SURVEY, ABSTRACT NO 422, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 93.13 ACRE TRACT OF LAND AS DESCRIBED IN THAT DEED TO BARNES 93 ACRES. LTD., ET AL. BY INSTRUMENT RECORDED AS DOCUMENT NO. 9911566 OF THE OFFICIAL RECORDS OF SAID COUNTY AND AS DESCRIBED IN THAT DEED TO JAMES D. GRESSETT BY INSTRUMENT RECORDED AS DOCUMENT NO. 2000004166 OF THE OFFICIAL RECORDS OF SAID COUNTY, SAID 2206 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod with a TxDot aluminum cap found on the east line of said 93.13 Acre Tract, and on the west line of a called 206.29 Acre Tract, (Tract 1), of land as described in that deed to Beverly Johnson Gordon by instrument recorded as Document No, 9835986 of the Official Records of said county, and for the northeast comer of a called 3.167 Acre Tract, (Parcel No. 6), of land as described in that right of entry, possession, and construction easement to Williamson County, Texas, by instrument recorded as Document No. 2000004168 of the Official Records of said county, and for the southeast comet and POINT OF BEGINNING of the herein described tract, from which an iron rod set for the northeast comer of said 93.13 Acre Tract bears NO2 °22'33 "W a distance of 2,652.43 feet and from which the southeast comer of said 93.13 Acre Tract bears S02 °23'33 "E a distance of 105.99 feet; THENCE with the north line of said 3.167 Acre Tract, through said 93.13 Acre Tract, with the south line of the herein described tract, the following three (3) courses and distances: With the arc of a curve to the left, passing at an arc distance of 135.70 feet a Type II TxDot monument found, in all for a total arc distance of 800.38 feet, with a central angle of 04 °00'56 ", a radius of 11,420 feet and a chord which bears S78 °11'20 "W for a distance of 80021 feet to a Type II TxDot monument found for the end of said curve and an angle point, 2. S13 °49'17 "E for a distance of 20.01 feet to a Type II TxDot monument found for a point of curvature, 3. With the arc of a curve to the left, passing at an arc distance of 349.06 feet a Type H TxDot monument found, in all for a total arc distance of 626.32 feet with a central angle of 03 °08'52 ", a radius of 11,400 feet and a chord which bears S74°35'38"W for a distance of 626.24 feet to a Type II TxDot monument found, on the north right -of -way line of U.S. Highway 79, (right -of -way width varies), for the northwest corner of said 3.167 Acre Tract, and the most southerly southwest comer of the herein described tract; THENCE with the south boundary line of said 93.13 Acre Tract, and the north right -of- way line of U.S. Highway 79, N54 °21'06 "W for a distance of 9.36 feet to a Type I1 TxDot monument found on the east right -of -way of County Road 122, (right -of -way width varies), for the most westerly southwest corner of the said 93.13 Acre Tract, and for the most westerly southwest comer of the herein described tract, THENCE departing said north right -of -way line of U.S. Highway 79, with the west boundary line of said 93.13 Acre Tract, and the east right -of -way line of County Road 122, NO2 °43'25 "W for a distance of 639.07 feet to an iron rod set for the south comer of that certain 2.301 Acre Tract of land described in a right of entry, possession, and construction easement to Williamson County, Texas, by instrument recorded as Document No, 2000004168 in the Official Recordsof said county; 22.06 Are Tract Page 2 of 2 THENCE through said 93.13 Acre Tract, with the east line of said 2.301 Acre Tract and the west line of the herein described tract, the following two (2) courses and distances: 1. With the arc of a curve to the left having an arc length of 245.92 feet, with a central angle of 23 °07'31 ", a radius of 609.30 feet and a chord which bears N08 °44'06'B for a distance of 244 -26 feet to an iron rod set for a point of tangency, 2. NO2 °49'40 "W for a distance of 121.54 feet to an iron rod set for the northwest corner of the herein described tract; THENCE leaving the east line of said 2.301 Acre Tract and continuing through the interior of said 93.13 Acre Tract the following five (5) courses and distances: 1. N87 °10'20 "E for a distance of 200.00 feet to an iron rod set on an angle point of the herein described tract, 2. S02 °49'40 "E for a distance of 100.00 feet to an iron rod set on an angle point of the herein described tract, 3. N87 °10'20 "E for a distance of 834.92 feet to an iron rod set on an angle point of the herein described tract, 4. S02 °22'33 "E for a distance of 319.35 feet to an iron rod set on an angle point of the herein described tract, 5. N87 °37'27 "E for a distance of 325.00 feet to an iron rod set on the east boundary line of said 93.13 Acre Tract, same being on the west boundary line of said 20926 Acre Tract, (Tract 1), for the most easterly northeast corner of the herein described tract; THENCE with the east boundary line of said 93.13 Acre Tract, same being the west boundary line of said 206.29 Acre Tract, S02 °22'33 "E for a distance of 302.87 feet to the POINT OF BEGINNING of the herein described tract, and containing 22.06 Acres of Land, more or less. Surve otI under the direct supervision of the undersigned: 6.4:A:.C.4_.0 ence A. Hunt Registered Professional Land Surveyor No.4328 BAKER - AICKLEN & ASSOCIATES, INC. 203 E. Main Street, Suite 201 Round Rock, Texas 78664 0597- 706Vield notes 9 -76-00 MAWER D DELTA C CN0008EAR.0 R RADIUS' A ARC' C CHORD' CT 0 0 6 6 707P20" N - 4 4420090 0 00039 5 50021 C2 0 03 3 3 74.35'35 9 . .0000 6 62052 6 62624 C3 2 2r0F3F I If 06 3 6 60050 0 045.92 2 24..26 C. 0 00 X X 90 E 6 6420.00 3 39.97 0 0697 C5 O OrSet2 1 1 76•Rb" 9 9 9524,16 5 574.09 5 5..43 C6 0 03 S S 7•22'30' N 1 150.15 7 73720 7 757.36 • SKETCH TO ACCOMPANY FIELD NOTES 9OLIANSON COOT, TEXAS MOH! OF EMERY. POSSESSION, TR0C7ION EASEMENT C UDC. /200000466 2-501 ACRES ICE[ NO, • 6050ER u L2 L3 1.4 L5 L6 L7 LI DREG 9100 S o•135r E 02 •49 , 10' 9 x 9910'20` 5 02 E 3 6•4905 9 x 04.2706. 3 Or 22 E N 54.3476. 9 DISTANCE 21669' RL34' 200.00' 63000' 30.09' 5• N6.9s' 9222' LEGEND NON ROD W /ALV6RRN w 0 IRON R00 S0! 0 NON ROD FOUND • CONC.MONUMENT FOUND • PONI OF BEGINNING RECORD .FORMATION - ( 1 BARNS 33 ACRES. LTD, ET AL DOG /690566 AND DOC. 92000004165 OF • CALLED 5313 ACRE TRACT AS Lb9 4. R By: I r6ncs R. Hunt, R.R.LS., Number 4328 ` -- . 203 E. Main 51., Suite 201 Round Rock. TX 78664 M=147 1 L6� "030 400' LO1 Y N er1645 "E 344,6 EIREAREE0 OASIS • FNE 02050 PEAR.. OF A 600.39 FO07 ARC PER 00CUMEN7 NO. 200000. 1 i1 OF ENE OFFICIAL RECORDS OF 1161IAY30N COUNTY. 10X45. MSON .TY. TEXAS RISER 12 DF ENTIRE. POSSESSION. CONS N EASEMENT ROC. C. /20 /200000416e SECT ACRES PARCEL NO. 6 BEVERLY 40105SON 601002 DOG /9.35996 206.39 ACRES TRACT 3 c• 79 So Fire: 597 - 706 -24 87: 8 JOHNSON ,36.70' %EARS. 14313 1 • Baker- Alcklen QI AB.ocl.t.1 Inc. Enyln..9 / Surveyors Flo Lome. 9: \I00J£CTS \040NC591\ SE STATE OF TEXAS COUNTY OFT1rc1V15 The Compass Bank, N.A., 10711 Burnet Road, Austin, Texas 78758, acting herein by and through its duly authorized officers being the holder of a lien as evidenced by Deed of Trust recorded in Document No. 9911567 of the Official Records of Williamson County, Texas, does hereby consent to the Agreement and Development Plan of 22.06 acres of ]and situated in Round Rock, Williamson County, Texas, and does further hereby join, approve and consent to all provisions shown therein. STATE OF TEXAS COUNTY OF -- 1 -- y-0.V 5 2001, by Frank Ivy 8 USA SPRADUN Notary Public, State of Texas My Commission Expires OCTOBER 25, 2004 EXHIBIT B LIEN HOLDER'S CONSENT COMPASS BANK 11711 Burnet Road Austin, Texas ACKNOWLEDGEMENT This instrument was acknowledged before me on this the 1 day of 'Fe Notary Public, State of Texas The Following Development Standards shall apply to all development on the Property. 1. PERMITTED USES: The following principal uses are permitted: All C -1 General Commercial uses identified in the City of Round Rock Zoning Ordinance except prohibited uses listed in this agreement. The crosshatched areas shown in Exhibt "D ", attached hereto, shall be developed under the PUD standards described herein or as a standard SF -2 lot subdivision. 2. PROHIBITED USES: EXHIBIT "C" DEVELOPMENT STANDARDS The following uses are prohibited on the property: mini - warehouses, sexually oriented businesses, portable buildings sales except as incidental to other retail sales, amusement parks or carnivals, wholesale nurseries, recreational vehicle parks, outdoor shooting ranges, pawn shops, heavy equipment sales, kennels (but not prohibiting pet shops and veterinary clinics with overnight facilities), vehicle sales, auto body shops and paint shops and truck stops. 3. PALM VALLEY URBAN ACTIVITY CENTER: The Palm Valley Area Plan designates the property as an "Urban Activity Center". The following development guidelines shall apply to development of commercial uses. These guidelines are intended to encourage a sense of place and an increased level of pedestrian orientation for commercial uses. • Consistently designed landscape treatments should be included as part of site plans for the property. • Building fronts should utilize porches, awnings, arcades, colonnades, entries and windows to encourage a relationship to the street or parkland. • Traditional building designs and building materials should be encouraged. • Provide street trees as a unifying design element as identified in section 7 of this Exhibit. • Prohibit certain building materials as identified in section 4 of this Exhibit. • Establish a consistent form and design for signage. • Establish a pedestrian connection to the abutting residential subdivision proposed to the north. @PEDesktoT ODM. VWONLD0), O:/ WDOX, CORNCNLPUDSfPIONEER /EXHIB9E,00022i1 +.WPD'kg 4. PROHIBITED BUILDING MATERIALS: The following materials are prohibited on the exterior walls of all buildings and structures (this section does not apply to roofs): Sheet and corrugated metal, and unfinished Aluminum Asbestos Galvanized Steel Mirrored Glass (reflectivity of 20% or more) E.I.F.S. (Exterior Insulation Finish System, as defined in the Construction Specifications Institute, Standard Format, Division 7) 5. DESIGN STANDARDS: 5.1 Height The maximum height of buildings on the Property shall be two stories or forty feet (40'). Two story structures allows for both office and retail mixed use development with retail commercial required on the first floor. 5.2 Building Setbacks 5.2.1 Minimum building setbacks from US Highway 79 shall be twenty-five feet (25'). 5.2.2 Minimum building setbacks from County Road 122 shall be twenty-five feet (25'). 5.2.3 All other building setbacks shall be in accordance with the C -1 (General Commercial) zoning district. 5.3 Pad Sites The number of pad sites that front onto U.S. Highway 79 shall not exceed four (4). 5.4 Pedestrian Links to Residential Uses A pedestrian link to the Pioneer Crossing residential subdivision shall be provided at the location as generally shown on Exhibit "D" attached hereto. This link shall have a minimum width of twenty feet (20') and shall be a separate lot owned and maintained by the Pioneer Crossing Homeowners Association. 5.5 Community Focal Point/Village Green A Community Focal Point/Village Green ( "Village Green ") which shall include a fountain, courtyard, or other architectural feature, shall be located within the 1 0. area shown on Exhibits "D" and "E ". All commercial development abutting the Village Green shall face the Village Green. The Village Green shall be linked to abutting residential development with a combination of landscaping and pavers. The same pavement material shall be used throughout the commercial development at major pedestrian crosswalks across the driveways from the shops to the parking areas. 5.6 Site Planning Guidelines The Palm Valley Area Planning and Design Study, as approved in Resolution No. 00- 08- 10 -10A1, Sections 4.2.1, Site Planning Guidelines, 4.2.2 Building Massing and Design Guidelines, and 4.2.3 Urban Design Guidelines shall be used in the design of the PUD. 5.7 Exterior Finish 5.7.1 The exterior finish of all buildings (walls) shall be masonry, except for doors, windows and trim. Masonry shall mean stone, simulated stone, brick, stucco, terra cotta or such other suitable material as may be approved by the Director of Planning and Community Development. The amount of stucco or terra cotta shall not exceed 50% of the exterior finish of a building. The rear of the building may be constructed of split face concrete block. 5.7.2 Buildings shall contain one or more of the design features identified in Section 4.4 of the Palm Valley Area Planning & Design Study. 6. SERVICE & LOADING AREAS: 6.1 Screening Required No dock high loading area is permitted unless such area is visually screened from public view from public streets. No merchandise metal containers may be left stored in any parking area ovemight. 6.2 Delivery Vehicles All delivery and utility vehicles stored on -site must be inside a closed building or within a screened portion of the site. 6.3 Service Areas Service areas will be screened from adjacent tracts and all public rights -of —way. Methods of screening include walled entrances, evergreen landscaping, and depressed service areas. Screening walls must be constructed of the same materials as the main building. 6.4 Loading areas All loading and service docks must be clearly signed. Loading docks must be clearly denoted on the pavement and designed so as not to prohibit on -site vehicular circulation when occupied. Loading docks will be located directly in front of a loading door. Loading docks must be designed to accommodate backing and maneuvering on -site, not from a public street. 6.5 Trash Storage Refuse storage enclosures are required for all buildings. Enclosures must be of sufficient height to completely screen all refuse containers and must be provided with gates, so as to provide screening of views from adjacent lots and public rights -of -way. All enclosures must be constructed of permanent materials (concrete, masonry, wood, steel, etc.) which are compatible with the building it serves. Refuse storage areas must be designed to contain all refuse generated on- site between collection. No trash enclosure shall be located within fifty feet (50') of any exterior boundary which is adjacent to single family residential uses or a public right of way. 6.6 Street Level Mechanical Equipment All ground- mounted service equipment (e.g., air conditioners, transformers, and trash collection equipment) related to each building shall be consolidated in one or more enclosed service areas. Landscaping shall be used to soften the visual appearance of the walls enclosing the service area. Service areas must be paved, curbed, and internally drained. 6.7 Roof Mounted Mechanical Equipment All roof mounted mechanical elements shall be screened from view from the public right -of -way along County Road 122 from its intersection with Highway 79 to the northern boundary of the Southern Hills Subdivision. Screening must be compatible with the building design. 7. LANDSCAPING: 7.1 Landscape Easement adjacent to public streets A fifteen foot (15') wide landscape easement shall be provided abutting public rights -of -way, and single family residential uses. All areas located within these Landscape Easements shall be used solely for the purpose of landscaping, except for sidewalks, driveways to access public streets, monument signs, and utility structures and meters required to provide utilities to the Property. This landscape easement shall be credited toward the street yard and general landscaping requirements as described in the Code. along Highway 79 and from the intersection of Highway 79 and County Road 122 and along County Road 122 to the northern boundary of the Southern Hills Subdivision. 12. 7.2 Street Trees Street trees shall be planted within the landscape easement required by Section 7.1 of this Exhibit. The street trees shall be planted prior to the issuance of a Certificate of Occupancy for the buildings on each lot. Street trees shall be planted at intervals of 25 -feet to 40 -feet apart. Street trees shall have a minimum caliper size of 3- inches and shall be selected from one of the following species. All species of Oak Pecan Elm and Cedar Elm Other species approved in writing by the Director of Planning & Community Development. 7.3 Trees abutting Single Family Residential Development Trees shall be planted within the landscape easement required by Section 7.1 of this Exhibit. The trees shall be planted prior to the issuance of a Certificate of Occupancy for the buildings on each lot. Trees shall be planted at intervals of 25 -feet to 40 -feet apart. Street trees shall have a minimum caliper size of 3- inches and shall be selected from one of the followinz species. 7.4 Open Space All species of Oak Pecan Elm and Cedar Elm Other species approved in writing by the Director of Planning & Community Development. All areas of a platted lot, for which a Certificate of Occupancy has been issued, and which do not contain buildings, structures, parking lots, sidewalks, fountains, site fumiture or other improvements, including, but not limited to, front, side and rear building set back areas, and all areas between the curb line and the property line, must be planted, landscaped, and maintained in good condition. The landscape planting must provide for easy maintenance. Utility easements will be landscaped consistent with other landscape areas where allowed by the respective utility company. 13. 7.5 Rights of Way 7.6 Grass Areas within the road right -of -way must be landscaped only in accordance with a license agreement with the City. All landscaped areas not in groundcover or shrub beds will be planted in grasses, preferable sod. Overseeding in fall with cool season native grasses is allowed. The use of edging material to separate all grass areas from shrub and groundcover areas is required. The edging material will be concrete, steel, brick, or stone. No plastic edging is allowed. Use of narrow paving "mowstrips" is allowed around building foundations for easy maintenance. 7.7 Irrigation An underground, automatic irrigation system must be installed in all landscaped areas. Sprinkler heads must be located to effectively water the landscaped areas with minimal spray onto roadways, parking areas and walkways. 7.8 Parking Areas In all vehicular use areas and parking areas, a minimum of 90 square feet for each 9 parking spaces must be devoted to landscaped strips, islands, peninsulas, medians, or other landscaped areas. This landscaping shall be credited toward the street yard and general landscaping requirements. The arrangement and location of these areas shall be as described in the City's landscape ordinance. 7.9 Tree Protection Protected trees as defined in the Code shall be identified on a Tree Survey, which shall be provided as part of a Site Plan. These shall be incorporated into the development of the site, except where removal is approved in writing by the Director of Planning and Community Development. Protected trees shall be credited against landscaping requirements as stated in the Code. 8. UTILITY LINES: All utility service lines must be underground to connection points provided by the utility service provider. All transformers must be screened. 9. EXTERIOR LOT LIGHTING: 9.1 Parking Lot Fixtures 14. 9.3 Site Plans 11. FENCING All light fixtures shall be metal halide horizontal fixtures and shall be shielded and hooded so that light is directed downward to minimize excessive glare and sky glow pollution. The maximum height of light poles shall be twenty-five feet (25') including the base. 9.2 Minimal Spillover All lighting on the rear of any building within one hundred and twenty feet (120) of any residential lot shall be wall - mounted fixtures no more than twelve feet (12') in height. Such fixtures can be swivel -type fixtures and shall be directed so as to not allow direct light to spill over the exterior boundary line to the Property to the residential lots. Site plans submitted with building permit applications shall include light specifications in accordance with this plan. 10. SIGNS: 10.1 All freestanding signs shall be Monument signs, as defined in the Code. 10.2 Standing signs shall not exceed six feet in height. 10.3 One freestanding sign shall be permitted for lots of less than three (3) acres in size. The maximum area of masonry monument signs, defined as the area contained within a polygon containing the actual lettering and any logo, shall be fifty square feet. The portions of a masonry structure on which the sign is located are not counted as part of the fifty square feet provided they are not contained within the polygon. The maximum area of all other signs shall be regulated by the Code. 10.4 Additional freestanding monument signs shall be permitted for lots of three acres or larger in accordance with the regulations contained in the Code. 10.5 Directional signs solely for the purpose of directing traffic or identifying buildings shall be permitted provided they are restricted to a size required for their function as determined by the Director of Planning. Prior to issuance of the first Certificate of Occupancy for the Property, there shall be constructed, and thereafter properly maintained, an eight foot (8') wood fence with a wood rain cap (and posts which include a concrete base) along the northern and eastern boundary lines of the Property, with the finished side of the fence facing out from the Property. 15. Crosshatched area can be developed as either commercial or Single-family residential, in accordance with the provisions of the SF-2 Zoning District, but not both. 11 10 0 ' - e I 69 " sr-2 SIN6LE FAMILY- -- - I EXHIBIT D • - - FOCAL ( POINT • t COMMERCIAL k i A / 111 16 • us 61 Vt. 50. Pedes rian link to single-fami y neighborhood AY 11 ---------------------- / 27 76 RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation. 24 23 70 11 4CaD AICCALV61. IC "WIT MAID Il.kL 40 - • -• „ • 11 Building Front Pedestrian Zink to shopping/sidewalk 0 on a CO EXHIBIT E PEDESTRIAN PLAZA FOCAL POINT PARKING LOT Building Front Pedestrian link to shopping /sidewalk CONCEPTUAL PLAN OF FOCAL POINT & PEDESTRIAN LINK RECORDERS MEMORANDUM AB or pacts of the text on this page was not clearly legible for satisfactory recordation. FILED OD RECORDED : -02 -03 - )4- /ac y OFFICIAL PUBLIC RECORDS PUD'no•y9 05 -16 -2000 OB:47 AM 2002037044 ANDERSON $107.00 NANCY E. RISTER COUNTY CLERK WILLIAMSON COUNTY, TEXAS P,@.t,anfi- ndunmu CITY OF ROUND ROCK ADMINISTRATION 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664