Z-02-12-05-7B2 - 12/5/2002THE STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF ROUND ROCK
55
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 -12-
05-7B2, which was approved and adopted by the City Council of the City of Round
Rock, Texas, at a meeting held on the 5th day of December, 2002, as recorded in the City
Council minutes, Book 48.
CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 9th
day of January 2003.
CHRISTINE R. MARTINEZ, City Secretary
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ORDINANCE NO. Z �✓ - / a -05-
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 ADOPT ORIGINAL ZONING
ON 3.29 ACRES OF LAND OUT OF THE SAMUEL JENKINS SURVEY
SURVEY, ABSTRACT 347, IN ROUND ROCK, WILLIAMSON
COUNTY, TEXAS AS PLANNED UNIT DEVELOPMENT (PUD) NO.
58.
WHEREAS, an application has been made to the City Council of
the City of Round Rock, Texas to amend the Official Zoning Map to
adopt original zoning on 3.29 acres of land described in Exhibit
"1" as Planned Unit Development (PUD) No. 58, 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 6th day of November,
2002, 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
classified as PUD No. 58, and
WHEREAS, on the 5th day of December, 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:
I.
That the City Council has hereby determined the Planned Unit
Development (PUD) No. 58 meets the following goals and objectives:
(1) The development in PUD No. 58 is equal to or superior to
development that would occur under the standard ordinance
requirements.
(2) P.U.D. No. 58 is in harmony with the general purposes,
goals, objectives and standards of the General Plan.
(3) P.U.D. No. 58 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. 58 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. 58 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. 53, and that the Mayor is hereby authorized and directed
to enter into the Agreement and Development Plan for PUD No. 58
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 .6 — day
of , 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.
-4111‘K-Zia....4
ST:
CHRISTINE R. MARTINEZ, City Secretar
WELL, Mayor
City of Round Rock, Texas
4.
1
Walgreens PUD No. 58
Original Zoning District PUD (Planned Unit Development)
ROUNDABOUT LN 7J
GATT'S SCHO RD
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329 Acres
Gattis School Road
Walgreen's Property
Samuel Jenkins Survey
Abstract No. 347
EXHIBIT `
DESCRIPTION OF A TRACT OF LAND CONTAINING 3.29 ACRES OF LAND OUT OF
THE SAMUEL JENKINS SURVEY, ABSTRACT NO. 347, BEING A PORTION OF THAT
CERTAIN TRACT OF LAND CALLED TO CONTAIN 120.71 ACRES DESCRIBED IN A
DEED TO MARY ELIZABETH BUCK VANCE OF RECORD IN VOLUME 2302, PAGE
480, WILLIAMSON COUNTY, TEXAS. SAID 329 ACRES BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a % inch metal rod found for the southwest comer of the herein described
tract, same being the northwest corner of Lot 15 of Morningside Meadows, Section One, a
subdivision of record in Cabinet M, Slide 386, Plat Records of Williamson County, Texas
THENCE, with the westerly line of the herein described tract, North 00°28 West 274.98
feet to a Y2" steel reinforcing rod found, for the northwest coiner of the herein described tract,
same being in the north line of said Vance Tract, same also being in the south right-of-way line
of Gattis School Road (width vanes);
THENCE, with the north lines of the herein described tract and said Vance Tract, same being
the south tines of said Gattis School Road, the following three (3) courses:
1) South 79°22' 13" East 362.05 feet to a %: inch metal rod found;
2) South 84°45'12" East 125.31 feet to a %: inch metal rod found;
3) South 89°39'43" East 133.90 feet to the point of curvature transitioning between Gattis
School road and Red Bud Lane (formerly County Road No. 122, width varies);
THENCE, with said curve, to the right, having a radius of 25.00 feet, a central angle of
89 °57'01" an arc length of 39.25 feet, the chord of which bears South 44 °33'56" East 35.34
feet to a ' /2" steel reinforcing rod set, capped " Meenach 4335" in the east line of the herein
described tract and said Vance Tract, same being in the west line of said Red Bud Lane;
THENCE, with the east line of the herein described tract and said Vance Tract, same being the
west line of said Red Bud Lane, South 00°29'18" West 175.61 feet to a %' steel reinforcing rod
set, capped "Meenach 4335 ", for the southeast comer of the herein described tract, and said
Vance Tract, same being the northeast comer of Lot 28 as shown on said Momingside
Meadows, Section One;
Page 1 of 2
THENCE, with the south line of the herein described tract, same being the North line of said
Morningside Meadows, Section One, North 89 °33'48" West, at 327.98 feet passing a 14 inch
metal rod found for the northwest comer of Lot 17 and the northeast comer of Lot 16 both of
said Momingside Meadows, Section One, in all a total distance of 635.60 feet to the POINT
OF BEGINNING containing 3.29 acres within these metes and bounds as surveyed by Doucet
& Associates in July of 2002.
PD�nnis M
eenach, R.P.L.S. No. 4335 � A�. ° A °� Date
C.iMy DocumcoL Lo al Desuip6ons'Cmhtis`Crattis schwa Road.doc
Page 2 of 2
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
AGREEMENT AND DEVELOPMENT PLAN
PLANNED UNIT DEVELOPMENT NO. 58
EXHIBIT "2"
THIS AGREEMENT and Development Plan is made and entered into 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 Mary Elizabeth Buck
Vance, (hereinafter referred to as the "Owner", whether one or more).
WHEREAS, the Owner has submitted a request to the City to zone approximately 3.29 acres of
land as a Planned Unit Development ( "PUD "), said property being more particularly described in
Exhibit "A." attached hereto and made a part hereof ( hereinafter referred to as the "Property "),
and
WHEREAS, pursuant to Chapter 11, Section 11.314, Code of Ordinances, 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 November 6, 2002, 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:
1. Conformity with Development Plan
All uses and development within the Property shall generally conform to the Development Plan
set forth in Section II herein.
2. Changes and Modifications
O9wdox 'CORR\gnI\puds'pud558\00039515. DOC
I.
GENERAL PROVISIONS
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, 7.1 and 7.2 below are
followed.
3. Zoning Violation
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 Chapter 11, Section 11.700, Code of Ordinances, City of Round Rock,
Texas, as amended.
4. Lienholder Consent
The lienholder of record, if any, has consented to this Agreement and Development Plan,
including any and all dedications to the public. A lien holder consent is attached hereto and
incorporated herein as Exhibit `B."
5. Miscellaneous Provisions
5.1 Necessary Documents and Actions.
Each party agrees to execute and deliver all such other and further instruments and undertake
such actions as are or may become necessary or convenient to effectuate the purposes and intent
of this Agreement.
5.2 Severability.
In case one or more provisions contained herein are deemed invalid, illegal or unenforceable in
any respect, such invalidity, illegality or unenforceability shall not affect any other piovisions
hereof and in such event, this Agreement shall be construed as if such invalid, illegal or
unenforceable provision had never been contained herein.
5.3 Entire Agreement.
This Agreement constitutes the entire agreement of the parties and supersedes any prior or
contemporaneous oral or written understandings or representations of the parties respecting the
subject matter hereof.
5.4 Applicable Law.
This Agreement shall be construed under and in accordance with the laws of the State of Texas.
5.5 Venue.
All obligations of the parties created hereunder are performable in Williamson County, Texas
and venue for any action arising hereunder shall be in Williamson County.
2
5.6 No Third Party Beneficiaries.
Nothing in this Agreement, express or implied, is intended to confer upon any person or entity,
other than the parties hereto (and their respective successors and assigns), any rights, benefits or
remedies under or by reason of this Agreement.
5.7 Duplicate Originals.
This Agreement may be executed in duplicate original, each of equal dignity.
5.8 Notices.
Until changed by written notice thereof, any notice required under this Agreement may be given
to the respective parties, by certified mail, postage prepaid or by hand delivery to the address of
the other party shown below:
OWNER CITY OF ROUND ROCK
Mary Elizabeth Buck Vance 221 East Main Street
401 Skyline Drive Round Rock, Texas 78664
Austin, TX 78746 Attn: Director of Planning
5.9 Effective Date.
This Agreement shall be effective from and after the date of due execution hereof by all parties.
5.10 Appeals of Administrative Decisions.
Administrative decisions provided for in this Agreement may be appealed to the City Council in
writing within 90 days following receipt by the Owner of the written confirmation of the
decision.
5.11 Binding Effect.
This Agreement and the Development Plan binds and benefits the Owner and its successors and
assigns; provided, however, that an Owner will have no liability hereunder after it sells, and no
longer has an interest in, the Property.
3
1. Definitions
Words and terms used herein shall have their usual force and meaning, or as defined in the Code
of Ordinances, City of Round Rock, Texas, hereinafter referred to as "the Code."
2. Property
This Development Plan ( "Plan ") covers approximately 3.29 acres of land, located within the city
limits of Round Rock, Texas, and more particularly described in Exhibit "A," attached hereto.
3. Purpose
The purpose of this Plan is to insure a Planned Unit Development ( "PUD ") development 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 serviced 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
II.
DEVELOPMENT PLAN
4.1 Zoning and Subdivision Ordinances.
The Property shall be regulated for purposes of zoning and subdivision by this Plan. All aspects
not specifically covered by this Plan shall be regulated by applicable sections of the Code.
4.2 Other Ordinances.
All other Ordinances within the Code shall apply to the Property, except as clearly modified by
this Plan.
5. Permitted Uses.
The Property shall be used and developed for the uses set forth in Exhibit "C," attached hereto
and incorporated herein.
6. Building Setbacks and Other Site Regulations.
Building setbacks and other site regulations shall be as permitted in the C -1 General Commercial
District as modified in Exhibit "C" attached hereto.
4
7_ Right of Way Dedication.
10 feet of additional right of way running parallel and abutting the current Gattis School
Road ROW shall be dedicated to the City of Round Rock to widen Gattis School Road. This
dedication shall be deeded to the City within 7 days following the adoption of this PUD. And
said deed shall be recorded concurrently with this agreement.
8. Changes to Agreement and Development Plan.
8.1 Minor Changes.
Minor changes to this Agreement or Plan which do not substantially change this Plan may be
approved administratively, if approved in writing, by the Director of Public Works, the Director
of Planning and Community Development, and the City Attorney.
8.2 Major Changes.
Major changes shall be resubmitted following the same procedure required by the original PUD
application.
9. General Plan.
This agreement conforms with the General Plan_
CITY OF ROUND ROCK, TEXAS
By:
Date:
NYLE MAXWELL, Mayor
City of Round Rock, Texas
OWNER
Mary Elizabeth Vance Buck
i I
_ ', ( G
Dater 11'11
^J00 fiv∎ Oa ZI ADD �
3.29 Acres
Gattis School Road
Walgreen's Property
Samuel Jenkins Survey
Abstract No 347
EXHIBIT A
DESCRIPTION OF A TRACT OF LAND CONTAINING 3.29 ACRES OF LAND OUT OF
'THE SAMUEL JENKINS SURVEY, ABSTRACT NO. 347, BEING A PORTION OF THAT
CERTAIN TRACT OF LAND CALLED TO CONTAIN 120.71 ACRES DESCRIBED IN A
DEED TO MARY ELIZABETH BUCK VANCE OF RECORD IN VOLUME 2302, PAGE
480, WILLIAMSON COUNTY, TEXAS. SAID 3.29 ACRES BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2 inch metal rod found for the southwest corner of the herein described
tract, same being the northwest comer of Lot 15 of Morningside Meadows, Section One, a
subdivision of record in Cabinet M, Slide 386, Plat Records of Williamson County, Texas
THENCE, with the westerly line of the herein described tract, North 00 °28'01" West 274.98
feet to a W' steel reinforcing rod found, for the northwest corner of the herein described tract,
same being in the north line of said Vance Tract, same also being in the south right -of -way line
of Gattis School Road (width varies);
THENCE, with the north lines of the herein described tract and said Vance Tract, same being
the south lines of said Gattis School Road, the following three (3) courses:
1) South 79°22'13" East 362.05 feet to a 1/2 inch metal rod found;
2) South 84°45'12" East 125.31 feet to a %z inch metal rod found;
3) South 89 °39'43" East 133.90 feet to the point of curvature transitioning between Gattis
School road and Red Bud Lane (formerly County Road No. 122, width varies);
THENCE, with said curve, to the right, having a radius of 25.00 feet, a central angle of
89 °57'01" an arc length of 39.25 feet, the chord of which bears South 44 °33'56" East 35.34
feet to a W' steel reinforcing rod set, capped "Meenach 4335" in the east line of the herein
described tract and said Vance Tract, same being in the west line of said Red Bud Lane;
THENCE, with the east line of the herein described tract and said Vance Tract, same being the
west line of said Red Bud Lane, South 00 °29' 18" West 175.61 feet to a %" steel reinforcing rod
set, capped "Meenach 4335 ", for the southeast comer of the herein described tract, and said
Vance Tract, same being the northeast comer of Lot 28 as shown on said Momingside
Meadows, Section One;
Page 1 of 2
THENCE, with the south line of the herein described tract, same being the North line of said
Momingside Meadows, Section One, North 89 °33'48" West, at 327.98 feet passing a %2 inch
metal rod found for the northwest comer of Lot 17 and the northeast comer of Lot 16 both of
said Momingside Meadows, Section One, in all a total distance of 635.60 feet to the POINT
OF BEGINNING containing 3.29 acres within these metes and bounds as surveyed by Doucet
& Associates in July of 2002.
C:\M1y Documentslfxgal DescriptionstGattis\Gattis School Road.doc
Page 2 of 2
File No. A -028473
IITC GFNo. 20420
EXHIBIT B
OWNERSHIP AND LIEN CERTIFICATE
This is 10 certi)51 that we have searched the records of Williamson County in the Office of
Heritage Title Company of Austin, Inc., through October 15, 2002 al 8:00 a.m. as to the
following described property, to -wit:
LEGAL DESCRIPTION
Being all of that certain tract or parcel of land containing 1.92 acres of land out of
3.29 acres, more or less, situated in the Samuel Jenkins Survey, Abstract No. 347,
Williamson County, Texas and being more particularly described by metes and bounds
as shown on Exhibit A attached hereto.
Note: The Company does not represent that the above acreage or square footage
calculations are correct.
RECORD TITLE APPEARS TO BE VESTED IN: Mary Elizabeth Buck Vance
LIENS:
None of Record
The following information is based on a general search, from October 15, 1992 through
October 15, 2002 as to the followingperson(s) and/or entity(ies):
Mary Elizabeth Buck Vance
(None of Record)
This certificate is for the use of and shall inure to the benefit of Doucet &- Associates and
is issued in consideration of SO paid to Heritage Title Company of Austin, Inc., (The
Company) by same to whom said sum shall be returned as liquidated damages in the
event of any mistake, error and or omissions herein, and by accepting this certificate,
same agrees that said sum and no more shall constitute the full measure of damages
against the Company. None of the information contained herein, or the absence of other
information constitutes a representation to any party as to the status of the title to the
subject property. Ifa title defect and/or encumbrance should exist which is not disclosed
herein, the Company shall not be liable by reason offrrnishing this certificate or for any
verbal statements related thereto, The Company shall not be liable for any title defect
Page 1 of 2
unless a title policy is hereafter issued by its insuring against such title defect, and the
applicable title policy premium paid. The company's liability shall then exist only under
the terms of its policy as prescribed by the Department of Insurance and as measured and
limited thereby.
HERITAGE TITLE COMPANY OFAUSTIN, INC
Lt � /
Rosie Albritton
Customer Service/Examiner
Page 2 of 2
1. Permitted and Prohibited Uses.
EXHIBIT C
Tract 1: 1.92 acres
Walgreen's Tract
Tract 1, as shown in Exhibit C -t attached hereto, and as described by metes and bounds in
Exhibit C -5, shall be used solely for the purpose of developing and operating a 14,500 or smaller
square foot retail drug store generally in accordance with the site layout attached hereto as
Exhibit C -2.
2. Outdoor Storage and Display Areas.
No outdoor storage or display shall be permitted on the site.
3. Building Materials.
The exterior of all building shall be 100% masonry (except for glass/metal doors, windows,
roofs) and shall be constructed generally in accordance with the elevations attached hereto as
Exhibit C -4.
4. Building Setbacks.
Building setbacks shall be in accordance with those shown on "Exhibit C -2 ".
5. Landscaping.
5.1 Buffer Adjacent to Single Family Uses:
Fencing and landscape buffers shall be provided between the south property line
and the driveway curb on the south side of the site, as generally shown on Exhibit
C -2 and Exhibit C -3. However, in no case shall the fencing and buffering
interfere with the required drainage.
5.1.1. An eight foot (8') high 100 % masonry fence shall be constructed south of
the paved parking and drive through aisles on the south side of the
building, from a point 20 feet West of Red Bud Lane (CR 122) at
approximately 30 feet east of the southwest comer of Tract 1.
5.1.2. A landscape buffer shall be provided immediately south of the paved
parking and drive- through aisles on the south side of the building in
accordance with the provisions of Section 11.501 (4) (a) of the Zoning
Ordinance with the following modifications.
05 doz.on AgnlApudsAponnV00039515.DOC
The landscape buffer shall be located between the finished drainage ditch
and the south edge of the parking and drive aisle. All large trees species
shall be planted a minimum of four feet (4') from both the parking and
7. Height.
8. Lighting.
drive through aisles and the fence, as shown on Exhibit C -2 Large tree
species shall have a minimum caliper size of 3" inches. Medium tree
species shall have a minimum caliper size of 2" inches. Small tree species
shall have a minimum caliper size of 1"inch.
5.2 General Landscaping Requirements:
6. Utility Lines.
General landscaping requirements of the Code shall apply to the remainder of the
tract.
All utility service lines must be underground to connection points provided by the utility
service provider. All transformers must be screened.
Building heights on the Property shall be in accordance with the plans attached hereto as
"Exhibit C -4 ".
8.1 Minimal Spillover Lighting located between the building and the south boundary
of Tract 1 shall be wall or ceiling mounted fixtures located no more than twelve
feet (12') above grade. Such fixtures shall be directed so as to not allow direct
light to spill over the boundary of the property onto abutting residential lots.
8.2 Parking Lot Fixtures Light standards shall be metal poles no more than 25 feet in
height including the base with metal halide horizontal shielded lamp fixtures and
sharp cut off edges. Light from these fixtures shall be directed so as to not allow
direct light to spill over the boundary of the property onto abutting residential lots.
8.3 Site Plan The site plan submittal for the property shall include lighting
specifications and a photometric plan in compliance with this agreement.
9. Driveway Access.
Driveway access to Tract 1 shall be limited to the number and location shown on the site
plan attached hereto as "Exhibit C -2 ".
10. Drainage.
Developer will install a curb along the edge of the south side of the parking lot and drive through
lane of the proposed development. Developer will submit a drainage plan, which uses a storm
collection system to collect the surface water and disperse this water to collection areas at both
the southeast and northeast portions of the parcel. Developer agrees to disperse the majority of
the surface water to the northeast comer of the site.
2
In addition, developer will submit drainage calculations plans to the City showing improvements
to the drainage channel on the south side of Tract 2. These improvements will include regrading
and re- shaping the channel to be a uniform trapezoidal or "V" shape. The channel will be hydro
mulched and seeded to re- establish vegetation along the bottom and sides of the channel. The
area just west of three (3) -36 inch culverts under Red Bud Lane where the drainage channel and
the west roadside ditch of Red Bud Lane intersect, the developer will add concrete rip -rap, and
will install a culvert under the proposed driveway to provide drainage overflow to prevent
ponding higher than what is occurring in the existing condition.
11. Wastewater Service.
11.1 Gravity Line. Owner shall extend the gravity wastewater line located at the
intersection of Gattis School Road and High Country Boulevard East to a point
determined by the City Engineer to be the most easterly point that can be
practically serviced by a gravity wastewater line. This line shall be sized to
accommodate all the tracts between High Country Boulevard and County Road
122. Prior to installation, sizing shall be approved by the City Engineer.
11.2 Force Main. Owner shall install a grinder pump and force main for the sole
purpose of serving Tract 1 and extend the force main to the gravity line to be
constructed in accordance with Section 11.1 above. The Owner shall maintain this
pump and force main. The City shall have no responsibility to maintain said
grinder pump and force main.
12. Drive Through Window Noise Regulations.
All speakers located on the site shall be of a nature similar to that utilized by financial
institutions at drive through locations and the decibel level from the speakers shall not exceed the
following:
Speakers for Lanes 1 & 2: from 7:00 a.m. to 10:00 p.m. 65dBA
Speakers for Lane 1: from 10:00 p.m. to 7:00 a.m. 55 dBA
Speakers for Lane 2: from 10:00 p.m. to 7:00 a.m. 60dBA
13. Delivery Restrictions.
Delivery hours and trash pick -up shall be restricted to the hours of 6:00 AM to 10:00 PM
only. No deliveries or trash pick -up shall be permitted between the hours of 10:00 PM and 6 :00
AM.
3
14. Drainage Ditch Maintenance.
Developer shall maintain the drainage easement bordering the south side of the Property, as
shown on Exhibit C -3.
4
1. Permitted and Prohibited Uses.
EXHIBIT C (continued)
Tract 2: 1.37 acres
Tract 2, as shown in Exhibit C -1 attached hereto, and as described in Exhibit C -6, shall be used
solely for the uses permitted in the C -1 (General Commercial) Zoning District except for the uses
listed in paragraph 2, which have been determined to be non - compatible with the abutting single -
family residential uses.
2. Prohibited Uses.
The following uses are prohibited from Tract 2.
1. Flea Markets
2. Sexually Orientated Businesses
3. Amusement Parks or Carnivals
4. Portable Building Sales
5. Recreational Vehicle Parks
6. Outdoor Shooting Ranges
7. Pawn Shops
8. Kennels
9. Truck Stops
10. Towing Companies
11. Automotive Sales or Leasing including boats, RV's, Trailers, Motorized
Equipment, Motorized Recreational Vehicles, Trucks.
12. Automotive Service Facilities: Vehicle Repair Facilities and Body Shops.
13. Passenger Terminals
14. Fast Food Eating Establishments with Drive - Through Windows
3. Outdoor Storage and Display Areas.
No outdoor storage or display shall be permitted on the site.
4. Building Materials.
The exterior of all building shall be 100% masonry (except for glass/metal doors, windows,
roofs.)
5. Building Setbacks.
Building setbacks shall be in accordance with C -1 Zoning District building setbacks.
6. Landscaping and Buffer Requirements.
All landscaping requirements of the Code shall apply to
Tract 2 and shall comply with the C-1 Zoning District landscaping requirements.
5
7. Utility Lines.
All utility service lines must be underground to connection points provided by the utility
service provider. All transformers must be screened.
8. Height.
Building heights on the Property shall be restricted to two stories.
9. Lighting.
9.1 Minimal Spillover Lighting located between the building and the south boundary
of Tract 2 shall be wall or ceiling mounted fixtures located no more than twelve
feet (12') above grade. Such fixtures shall be directed so as to not allow direct
light to spill over the boundary of the property onto abutting residential lots.
9.2 Parking Lot Fixtures Light standards shall be metal poles no more than 25 feet in
height including the base with metal halide horizontal shielded lamp fixtures and
sharp cut off edges. Light from these fixtures shall be directed so as to not allow
direct light to spill over the boundary of the property onto abutting residential lots.
9.3 Site Plan The site plan submittal for the property shall include lighting
specifications and a photometric plan in compliance with this agreement.
10. Drainage Calculations.
Drainage calculations and construction details shall be provided with the site plan. The
Developer will submit drainage calculations and plans to the City showing improvements to the
drainage channel on the south side of Tract 2. These improvements will include regrading and
re- shaping the channel to be uniform trapezoidal or "V" shape. The channel will be hydro
mulched and seeded to re- establish vegetation along the bottom and sides of the channel.
11. Driveway Access.
Driveway access to Tract 2 shall be limited to one driveway onto Gattis School Road.
The location of this driveway shall be determined by the City Traffic Engineer when the Site
Development Plan is submitted.
12. Wastewater Service.
12.1 Force Main. Owner shall connect to gravity wastewater line constructed by
Owner of Tract 1. If a force main is required to make this connection Owner shall
install a grinder pump and force main for the sole purpose of serving Tract 2 and
extend the force main to the gravity line to be constructed by the owner of Tract
1. The Owner of Tract 2 shall maintain this pump and line. The City shall not be
responsible for maintaining this pump and line.
6
12.2 Easement. Owner of Tract 2shall dedicate an easement across Tract 2 to benefit of
Tract 1 that allows for placement, access and future maintenance of the fbrce
main.
13. Drive Through Window Regulations.
Drive - throughs are permitted with restrictions to location, hours of operation, and noise as
follows:
13.1 Location. The placement of the drive- through shall be restricted to the North,
East, or West sides of the building. Drive- through stacking may not occur on the
south side of any building.
13.2 Hours of Operation. The hours of operation for drive - through are limited to 7:00
AM to 9:00 PM.
13.3Noise. All speakers located the site shall not exceed 65dB, measured 3' from the
speaker.
14. Delivery Restrictions.
Delivery hours and trash pick -up shall be restricted to the hours of 6:00 AM to 10:00 PM
only. No deliveries or trash pick -up shall be permitted between the hours of 10:00 PM and 6:00
AM.
7
0
R
GATTIS SCHOOL RD 0 RED BUD LN
ROUND ROCK, TX
EXHIBIT G1
OF
D
0
M >
> 0
0 C7
_
II u)
cm
RED BUD LANE
r
(COUNTY
ROAD 122)
Doucet & Associates, Inc
toad, Sulln An &stirs 71( 76/16
Mu.: ts1,150.6OO r..: M4.1
GATTIS 50-1001 RD 0 RED BUD IN
ROUND ROCK, TX
SITE PIAN
(COUNTY
ROAD 122)
EXHIBIT C
GAT11S SCHOO1 RD 0 RED BUD LN
ROUND ROCK, TX
SECTION A•A
)17.1lagyi'eew.s.
D ; I IL Doucet & Associates, Inc.
5121 Bee Gres Road, Site 201 A& t, TX 28746
Pia. - (314 593-8614 Fax - 5532601
• LAWRENCE S.
LEVINSON, ALA.
111[F,11
11111
mama
I PHMMACY ME==lrga
1 Tpliara•imaill
IM
WEST ELEVATION
}IORTH ELEVATION.
ipm
■IF MUNI
11 111 .1 . 111 1 1 =1:2211=11:1
= r".•=E•E. - LE
I I
EAST
WALGREENS DRUGSTORE
GAT= SCHOOL ROAD 4. RED BUD LANE
ROUND ROCK, TEXAS
2WL3 1 AUOUIT 2001
EXHIBIT C-4
THE PLACE' REAL ESTATE DEVELOPMENT
mecibava. sum.
1.92 Acres
Gattis School Road
Walgreen's Property
Samuel Jenkins Survey
Abstract No. 347
EXHIBIT C -5
DESCRIPTION OF A TRACT OF LAND CONTAINING 1.92 ACRES OR 83,754 SQUARE
FEET OF LAND OUT OF THE SAMUEL JENKINS SURVEY, ABSTRACT NO. 347
BEING A PORTION OF THAT CERTAIN TRACT OF LAND CALLED TO CONTAIN
120.71 ACRES DESCRIBED IN A DEED TO MARY ELIZABETH BUCK VANCE OF
RECORD IN VOLUME 2302, PAGE 480, WILLIAMSON COUNTY, TEXAS. SAID 1.92
ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a %z inch steel reinforcing rod set for the southwest comer of the herein
described tract, said point being in the south line of said Vance Tract and the north line of
Momingside Meadows, Section One, a subdivision of record in Cabinet M, Slide 386, Plat
Records of Williamson County, Texas and from said point, for reference, a %z inch metal rod
found at the southwest comer of said 3.29 acre tract, same being the northwest corner of Lot 15
of said Momingside Meadows, Section One bears, North 89 °33'48" West 233.10 feet;
THENCE, crossing said Vance tract with the westerly line of the herein described tract, North
00 °23'07" East 232.29 feet to a %z" steel reinforcing rod set, capped "Meenach 4335 ", for the
northwest comer of the herein described tract, same being in the north line of said Vance Tract,
same also being in the south right -of -way line of Gattis School Road (width varies);
THENCE, with the north lines of the herein described tract and said Vance Tract, same being
the south lines of said Gattis School Road, the following three (3) courses:
1) South 79 °22'13" East 121.02 feet to a %z inch metal rod found;
2) South 84 °45'12" East 125.31 feet to a'/ inch metal rod found;
3) South 89 °39'43" East 133.90 feet to the point of curvature transitioning between Gattis
School road and Red Bud Lane (formerly County Road No. 122, width varies);
THENCE, with said curve, to the right, having a radius of 25.00 feet, a central angle of
89 °57'01" an arc length of 39.25 feet, the chord of which bears South 44 °33'56" East 35.34
feet to a '/z" steel reinforcing rod set, capped "Meenach 4335" in the east line of the herein
described tract and said Vance Tract, same being in the west line of said Red Bud Lane;
THENCE, with the east line of the herein described tract and said Vance Tract, same being the
west line of said Red Bud Lane, South 00 °29' 18" West 175.61 feet to a' h" steel reinforcing rod
set, capped "Meenach 4335 ", for the southeast comer of the herein described tract, and said
Vance Tract, same being the northeast corner of Lot 28 as shown on said Momingside
Meadows, Section One;
Page 1 of 2
THENCE, with the south line of the herein described tract and said Vance Tract, same being the
North line of said Momingside Meadows, Section One, North 89 °33'48" West, at 327.98 feet
passing a %z inch metal rod found for the northwest comer of Lot 17 and the northeast comer of
Lot 16 both of said Momingside Meadows, Section One, in all a total distance of 402.50 feet to
the POINT OF BEGINNING containing 1.92 acres within these metes and bounds as
surveyed by Doucet & Associates in July of 2002.
Dennis Meenach, R.P.L.S. No. 4335
C:1My Documents\Legal Descriptions \' ttislGmttis School Road.doc
Page 2 of 2
Date
1.37 Acres
Gattis School Road
Walgreen's Property
Samuel Jenkins Survey
Abstract No. 347
DESCRIPTION OF A TRACT OF LAND CONTAINING 1.37 ACRES OF LAND OUT OF
THE SAMUEL JENKINS SURVEY, ABSTRACT NO. 347, BEING A PORTION OF THAT
CERTAIN TRACT OF LAND CALLED TO CONTAIN 120.71 ACRES DESCRIBED IN A
DEED TO MARY ELIZABETH BUCK VANCE OF RECORD IN VOLUME 2302, PAGE
480, WILLIAMSON COUNTY, TEXAS. SAID 1.37 ACRES BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a %z inch metal rod found for the southwest comer of the herein described
tract, same being the northwest comer of Lot 15 of Morningside Meadows, Section One, a
subdivision of record in Cabinet M, Slide 386, Plat Records of Williamson County, Texas
THENCE, with the westerly line of the herein described tract, North 00 °28'01" West 274.98
feet to a %z" steel reinforcing rod found, for the northwest corner of the herein described tract,
same being in the north line of said Vance Tract, same also being in the south right -of -way line
of Gattis School Road (width varies);
THENCE, with the north lines of the herein described tract and said Vance Tract, same being
the south lines of said Gattis School Road, South 79°22'13" East 241.03 feet to a' /z inch metal
rod found;
THENCE, leaving said Gattis School Road, with the east line of the herein described tract and
crossing said Vance Tract, South 00 °23'07" West 232.29 feet to a'' /z" steel reinforcing rod set,
capped "Meenach 4335 ", for the southeast corner of the herein described tract;
THENCE, with the south line of the herein described tract, same being the North line of said
Momingside Meadows, Section One, North 89 °33'48" West, at 233.10 feet to the POINT OF
BEGINNING containing 1.37 acres within these metes and bounds as surveyed by Doucet &
Associates in July of 2002.
V M(15 Pttil
Dennis Meenach, R.P.L.S. No. 4335
EXHIBIT C -6
C:\My Documents\Legal Descriptions \Gatds \Gattis School Road.doc
Page 1 of 1
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
THIS AGREEMENT and Development Plan is made and entered into 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 Mary Elizabeth Buck
Vance, (hereinafter referred to as the "Owner ", whether one or more).
WHEREAS, the Owner has submitted a request to the City to zone approximately 3.29 acres of
land as a Planned Unit Development ( "PUD "), said property being more particularly described in
Exhibit "A," attached hereto and made a part hereof ( hereinafter referred to as the "Property "),
and
WHEREAS, pursuant to Chapter 11, Section 11.314, Code of Ordinances, 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 November 6, 2002, 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:
1. Conformity with Development Plan
2. Changes and Modifications
- o - -O5- 78
0:\ wdox \CORR \gnl \puds \pud#5R \O00395I 5. DOC
AGREEMENT AND DEVELOPMENT PLAN
PLANNED UNIT DEVELOPMENT NO. 58
I.
GENERAL PROVISIONS
All uses and development within the Property shall generally conform to the Development Plan
set forth in Section II herein.
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 1I, 7.1 and 72 below are
followed.
3. Zoning Violation
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 Chapter 11, Section 11.700, Code of Ordinances, City of Round Rock,
Texas, as amended.
4. Lienholder Consent
The lienholder of record, if any, has consented to this Agreement and Development Plan,
including any and all dedications to the public. A lien holder consent is attached hereto and
incorporated herein as Exhibit `B."
5. Miscellaneous Provisions
5.1 Necessary Documents and Actions.
Each party agrees to execute and deliver all such other and further instruments and undertake
such actions as are or may become necessary or convenient to effectuate the purposes and intent
of this Agreement.
5.2 Severability.
In case one or more provisions contained herein are deemed invalid, illegal or unenforceable in
any respect, such invalidity, illegality or unenforceability shall not affect any other provisions
hereof and in such event, this Agreement shall be construed as if such invalid, illegal or
unenforceable provision had never been contained herein.
5.3 Entire Agreement.
This Agreement constitutes the entire agreement of the parties and supersedes any prior or
contemporaneous oral or written understandings or representations of the parties respecting the
subject matter hereof.
5.4 Applicable Law.
This Agreement shall be construed under and in accordance with the laws of the State of Texas.
5.5 Venue.
All obligations of the parties created hereunder are performable in Williamson County, Texas
and venue for any action arising hereunder shall be in Williamson County.
2
5.6 No Third Party Beneficiaries.
Nothing in this Agreement, express or implied, is intended to confer upon any person or entity,
other than the parties hereto (and their respective successors and assigns), any rights, benefits or
remedies under or by reason of this Agreement.
5.7 Duplicate Originals.
This Agreement may be executed in duplicate original, each of equal dignity.
5.8 Notices.
Until changed by written notice thereof, any notice required under this Agreement may be given
to the respective parties, by certified mail, postage prepaid or by hand delivery to the address of
the other party shown below:
OWNER CITY OF ROUND ROCK
Mary Elizabeth Buck Vance 221 East Main Street
401 Skyline Drive Round Rock, Texas 78664
Austin, TX 78746 Attn: Director of Planning
5.9 Effective Date.
This Agreement shall be effective from and after the date of due execution hereof by all parties.
5.10 Appeals of Administrative Decisions.
Administrative decisions provided for in this Agreement may be appealed to the City Council in
writing within 90 days following receipt by the Owner of the written confirmation of the
decision.
5.11 Binding Effect.
This Agreement and the Development Plan binds and benefits the Owner and its successors and
assigns; provided, however, that an Owner will have no liability hereunder after it sells, and no
longer has an interest in, the Property.
3
1. Definitions
Words and terms used herein shall have their usual force and meaning, or as defined in the Code
of Ordinances, City of Round Rock, Texas, hereinafter referred to as "the Code."
2. Property
II.
DEVELOPMENT PLAN
This Development Plan ( "Plan") covers approximately 3.29 acres of land, located within the city
limits of Round Rock, Texas, and more particularly described in Exhibit "A," attached hereto.
3. Purpose
The purpose of this Plan is to insure a Planned Unit Development ( "PUD ") development 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 serviced 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.
All other Ordinances within the Code shall apply to the Property, except as clearly modified by
this Plan.
5. Permitted Uses.
The Property shall be used and developed for the uses set forth in Exhibit "C," attached hereto
and incorporated herein.
6. Building Setbacks and Other Site Regulations.
Building setbacks and other site regulations shall be as permitted in the C -1 General Commercial
District as modified in Exhibit "C" attached hereto.
4
7. Right of Way Dedication.
10 feet of additional right of way running parallel and abutting the current Gattis School
Road ROW shall be dedicated to the City of Round Rock to widen Gattis School Road. This
dedication shall be deeded to the City within 7 days following the adoption of this PUD. And
said deed shall be recorded concurrently with this agreement.
8. Changes to Agreement and Development Plan.
8.1 Minor Changes.
Minor changes to this Agreement or Plan which do not substantially change this Plan may be
approved administratively, if approved in writing, by the Director of Public Works, the Director
of Planning and Community Development, and the City Attorney.
8.2 Major Changes.
Major changes shall be resubmitted following the same procedure required by the original PUD
application.
9. General Plan.
This agreement conforms with the General Plan.
CITY OF ROUND ROCK, TE
By:
Date:
WELL, Mayor
City of Round Rock, Texas
OWNER
Mary Elizabeth Vance Buck
(oy
5
19- 495 -0om
^Job& CC(L 202.00
CASEY D. RHODES
Notary Public. Slate of Texas
MyComfaaeiria & res
JOI 2006
3.29 Acres
Gattis School Road
Walgreen's Property
Samuel Jenkins Survey
Abstract No. 347
EXHIBIT A
DESCRIPTION OF A TRACT OF LAND CONTAINING 3.29 ACRES OF LAND OUT OF
THE SAMUEL JENKINS SURVEY, ABSTRACT NO. 347, BEING A PORTION OF THAT
CERTAIN TRACT OF LAND CALLED TO CONTAIN 120.71 ACRES DESCRIBED IN A
DEED TO MARY ELIZABETH BUCK VANCE OF RECORD IN VOLUME 2302, PAGE
480, WILLIAMSON COUNTY, TEXAS. SAID 3.29 ACRES BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a %z inch metal rod found for the southwest comer of the herein described
tract, same being the northwest comer of Lot 15 of Momingside Meadows, Section One, a
subdivision of record in Cabinet M, Slide 386, Plat Records of Williamson County, Texas
THENCE, with the westerly line of the herein described tract, North 00 °28'01" West 274.98
feet to a V2" steel reinforcing rod found, for the northwest comer of the herein described tract,
same being in the north line of said Vance Tract, same also being in the south right -of -way line
of Gattis School Road (width varies);
THENCE, with the north lines of the herein described tract and said Vance Tract, same being
the south lines of said Gattis School Road, the following three (3) courses:
1) South 79°22'13" East 362.05 feet to a' /z inch metal rod found;
2) South 84°45'12" East 125.31 feet to a %z inch metal rod found;
3) South 89 °39'43" East 133.90 feet to the point of curvature transitioning between Gattis
School road and Red Bud Lane (formerly County Road No. 122, width varies);
THENCE, with said curve, to the right, having a radius of 25.00 feet, a central angle of
89 °57'01" an arc length of 39.25 feet, the chord of which bears South 44 °33'56" East 35.34
feet to a %z" steel reinforcing rod set, capped "Meenach 4335" in the east line of the herein
described tract and said Vance Tract, same being in the west line of said Red Bud Lane;
THENCE, with the east line of the herein described tract and said Vance Tract, same being the
west line of said Red Bud Lane, South 00°29'18" West 175.61 feet to a W' steel reinforcing rod
set, capped "Meenach 4335 ", for the southeast comer of the herein described tract, and said
Vance Tract, same being the northeast comer of Lot 28 as shown on said Momingside
Meadows, Section One;
Page 1 of 2
THENCE, with the south line of the herein described tract, same being the North line of said
Momingside Meadows, Section One, North 89 °33'48" West, at 327.98 feet passing a '/z inch
metal rod found for the northwest comer of Lot 17 and the northeast corner of Lot 16 both of
said Momingside Meadows, Section One, in all a total distance of 635.60 feet to the POINT
OF BEGINNING containing 3.29 acres within these metes and bounds as surveyed by Doucet
& Associates in July of 2002.
,s,"-'4,.-; F ir ,
Ilita /;- -,,
t
- -� 5 � G ': 9.20 -02_
Dbnnis Meenach, R.P.L.S. No 4335 r
, �._, °�. `;' Date
C.\My Documents\Legal Dcscriptions\Gattis\Gattis School Road,doc
Page 2 of 2
File No. A -028473
HTC GFNo. 20420
EXHIBIT B
OWNERSHIP AND LIEN CERTIFICATE
This is to certify that we have searched the records of Williamson County in the Office of
Heritage Title Company of Austin, Inc., through October 15, 2002 al 8:00 a.m. as 10 the
following described property, to-wit:
LEGAL DESCRIPTION
Being all of that certain tract or parcel of land containing 1.92 acres of land out of
3.29 acres, more or less, situated in the Samuel Jenkins Survey, Abstract No. 347,
Williamson County, Texas and being more particularly described by metes and bounds
as shown on ExhibitA attached hereto.
Note: The Company does not represent that the above acreage or square footage
calculations are correct.
RECORD TITLE APPEARS TO BE VESTED IN: Mary Elizabeth Buck Vance
LIENS:
None of Record
The following information is based on a general search, from October 15, 1992 through
October 15, 2002 as to the following person(s) and/or entity(ies):
Mary Elizabeth Buck Vance
(None of Record)
This certificate is for the use of and shall inure to the benefit ofDoucet & Associates and
is issued in consideration of SO paid to Heritage Title Company of Austin, Inc., (The
Company) by same to whom said sum shall be returned as liquidated damages in the
event of any mistake, error and or omissions herein, and by accepting this certificate,
same agrees that said sum and no more shall constitute the full measure of damages
against the Company. None of the information contained herein, or the absence of other
information constitutes a representation to any party as to the status of the title to the
subject property. If a title defect and/or encumbrance should exist which is not disclosed
herein, the Company shall not be liable by reason offurnishing this certificate or for any
verbal statements related thereto. The Company shall not be liable for any title defect
Page 1 of 2
unless a title policy is hereafter issued by its insuring against such title defect, and the
applicable title policy premium paid The company's liability shall then exist only under
the terms of its policy as prescribed by the Department of Insurance and as measured and
limited thereby.
HERITAGE TITLE COMPANY OFAUSTIN, INC.
Rosie Albritton
Customer Service/Examiner
Page 2 of 2
1. Permitted and Prohibited Uses.
Tract 1, as shown in Exhibit C -1 attached hereto, and as described by metes and bounds in
Exhibit C -5, shall be used solely for the purpose of developing and operating a 14,500 or smaller
square foot retail drug store generally in accordance with the site layout attached hereto as
Exhibit C -2.
2. Outdoor Storage and Display Areas.
EXHIBIT C
Tract 1: 1.92 acres
Walgreen's Tract
No outdoor storage or display shall be permitted on the site.
3. Building Materials.
The exterior of all building shall be 100% masonry (except for glass/metal doors, windows,
roofs) and shall be constructed generally in accordance with the elevations attached hereto as
Exhibit C -4.
4. Building Setbacks.
Building setbacks shall be in accordance with those shown on "Exhibit C -2 ".
5. Landscaping.
5.1 Buffer Adjacent to Single Family Uses:
Fencing and landscape buffers shall be provided between the south property line
and the driveway curb on the south side of the site, as generally shown on Exhibit
C -2 and Exhibit C -3. However, in no case shall the fencing and buffering
interfere with the required drainage.
5.1.1. An eight foot (8') high 100 % masonry fence shall be constructed south of
the paved parking and drive through aisles on the south side of the
building, from a point 20 feet West of Red Bud Lane (CR 122) at
approximately 30 feet east of the southwest corner of Tract 1.
5.1.2. A landscape buffer shall be provided immediately south of the paved
parking and drive - through aisles on the south side of the building in
accordance with the provisions of Section 11.501 (4) (a) of the Zoning
Ordinance with the following modifications.
O:.dorncor g puds \pud #58' 00039515.DOC
The landscape buffer shall be located between the finished drainage ditch
and the south edge of the parking and drive aisle. All large trees species
shall be planted a minimum of four feet (4') from both the parking and
5.2 General Landscaping Requirements:
6. Utility Lines.
7. Height.
drive through aisles and the fence, as shown on Exhibit C -2. Large tree
species shall have a minimum caliper size of 3" inches_ Medium tree
species shall have a minimum caliper size of 2" inches. Small tree species
shall have a minimum caliper size of 1 "inch.
General landscaping requirements of the Code shall apply to the remainder of the
tract.
All utility service lines must be underground to connection points provided by the utility
service provider. All transformers must be screened.
Building heights on the Property shall be in accordance with the plans attached hereto as
"Exhibit C -4 ".
8. Lighting.
8.1 Minimal Spillover Lighting located between the building and the south boundary
of Tract 1 shall be wall or ceiling mounted fixtures located no more than twelve
feet (12') above grade. Such fixtures shall be directed so as to not allow direct
light to spill over the boundary of the property onto abutting residential lots.
8.2 Parking Lot Fixtures Light standards shall be metal poles no more than 25 feet in
height including the base with metal halide horizontal shielded lamp fixtures and
sharp cut off edges. Light from these fixtures shall be directed so as to not allow
direct light to spill over the boundary of the property onto abutting residential lots.
8.3 Site Plan The site plan submittal for the property shall include lighting
specifications and a photometric plan in compliance with this agreement.
9. Driveway Access.
Driveway access to Tract 1 shall be limited to the number and location shown on the site
plan attached hereto as "Exhibit C -2 ".
10. Drainage.
Developer will install a curb along the edge of the south side of the parking lot and drive through
lane of the proposed development. Developer will submit a drainage plan, which uses a storm
collection system to collect the surface water and disperse this water to collection areas at both
the southeast and northeast portions of the parcel. Developer agrees to disperse the majority of
the surface water to the northeast corner of the site
2
In addition, developer will submit drainage calculations plans to the City showing improvements
to the drainage channel on the south side of Tract 2. These improvements will include regrading
and re- shaping the channel to be a uniform trapezoidal or "V" shape. The channel will be hydro
mulched and seeded to re- establish vegetation along the bottom and sides of the channel. The
area just west of three (3) -36 inch culverts under Red Bud Lane where the drainage channel and
the west roadside ditch of Red Bud Lane intersect, the developer will add concrete rip -rap, and
will install a culvert under the proposed driveway to provide drainage overflow to prevent
ponding higher than what is occurring in the existing condition.
11. Wastewater Service.
11.1 Gravity Line. Owner shall extend the gravity wastewater line located at the
intersection of Gattis School Road and High Country Boulevard East to a point
determined by the City Engineer to be the most easterly point that can be
practically serviced by a gravity wastewater line. This line shall be sized to
accommodate all the tracts between High Country Boulevard and County Road
122. Prior to installation, sizing shall be approved by the City Engineer.
11.2 Force Main. Owner shall install a grinder pump and force main for the sole
purpose of serving Tract 1 and extend the force main to the gravity line to be
constructed in accordance with Section 11.1 above. The Owner shall maintain this
pump and force main. The City shall have no responsibility to maintain said
grinder pump and force main.
12. Drive Through Window Noise Regulations.
All speakers located on the site shall be of a nature similar to that utilized by financial
institutions at drive through locations and the decibel level from the speakers shall not exceed the
following:
Speakers for Lanes 1 & 2: from 7:00 a.m. to 10:00 p.m. 65dBA
Speakers for Lane 1: from 10:00 p.m. to 7:00 a.m. 55 dBA
Speakers for Lane 2: from 10:00 p.m. to 7:00 a.m. 60dBA
13. Delivery Restrictions.
Delivery hours and trash pick -up shall be restricted to the hours of 6:00 AM to 10:00 PM
only. No deliveries or trash pick -up shall be permitted between the hours of 10:00 PM and 6:00
AM.
3
14. Drainage Ditch Maintenance.
Developer shall maintain the drainage easement bordering the south side of the Property, as
shown on Exhibit C -3.
4
1. Permitted and Prohibited Uses.
Tract 2, as shown in Exhibit C -1 attached hereto, and as described in Exhibit C -6, shall be used
solely for the uses permitted in the C -1 (General Commercial) Zoning District except for the uses
listed in paragraph 2, which have been determined to be non - compatible with the abutting single -
family residential uses.
2. Prohibited Uses.
The following uses are prohibited from Tract 2.
1. Flea Markets
2. Sexually Orientated Businesses
3. Amusement Parks or Carnivals
4. Portable Building Sales
5. Recreational Vehicle Parks
6. Outdoor Shooting Ranges
7. Pawn Shops
8. Kennels
9. Truck Stops
10. Towing Companies
11. Automotive Sales or Leasing including boats, RV's, Trailers, Motorized
Equipment, Motorized Recreational Vehicles, Trucks.
12. Automotive Service Facilities: Vehicle Repair Facilities and Body Shops.
13. Passenger Terminals
14. Fast Food Eating Establishments with Drive- Through Windows
3. Outdoor Storage and Display Areas.
No outdoor storage or display shall be permitted on the site.
4. Building Materials.
The exterior of all building shall be 100% masonry (except for glass /metal doors, windows,
roofs.)
5. Building Setbacks.
EXHIBIT C (continued)
Tract 2: 1.37 acres
Building setbacks shall be in accordance with C -1 Zoning District building setbacks.
6. Landscaping and Buffer Requirements.
All landscaping requirements of the Code shall apply to
Tract 2 and shall comply with the C -1 Zoning District landscaping requirements.
5
7. Utility Lines.
All utility service lines must be underground to connection points provided by the utility
service provider. All transformers must be screened.
8. Height.
Building heights on the Property shall be restricted to two stories.
9. Lighting
9.1 Minimal Spillover Lighting located between the building and the south boundary
of Tract 2 shall be wall or ceiling mounted fixtures located no more than twelve
feet (12') above grade. Such fixtures shall be directed so as to not allow direct
light to spill over the boundary of the property onto abutting residential lots.
9.2 Parking Lot Fixtures Light standards shall be metal poles no more than 25 feet in
height including the base with metal halide horizontal shielded lamp fixtures and
sharp cut off edges. Light from these fixtures shall be directed so as to not allow
direct light to spill over the boundary of the property onto abutting residential lots.
9.3 Site Plan The site plan submittal for the property shall include lighting
specifications and a photometric plan in compliance with this agreement.
10. Drainage Calculations.
Drainage calculations and construction details shall be provided with the site plan. The
Developer will submit drainage calculations and plans to the City showing improvements to the
drainage channel on the south side of Tract 2. These improvements will include regrading and
re- shaping the channel to be uniform trapezoidal or "V" shape. The channel will be hydro
mulched and seeded to re- establish vegetation along the bottom and sides of the channel.
11. Driveway Access.
Driveway access to Tract 2 shall be limited to one driveway onto Gattis School Road.
The location of this driveway shall be determined by the City Traffic Engineer when the Site
Development Plan is submitted.
12. Wastewater Service.
12.1 Force Main. Owner shall connect to gravity wastewater line constructed by
Owner of Tract I . If a force main is required to make this connection Owner shall
install a grinder pump and force main for the sole purpose of serving Tract 2 and
extend the force main to the gravity line to be constructed by the owner of Tract
1. The Owner of Tract 2 shall maintain this pump and line. The City shall not be
responsible for maintaining this pump and line.
6
12.2 Easement. Owner of Tract 2shall dedicate an easement across Tract 2 to benefit of
Tract 1 that allows for placement, access and future maintenance of the force
main.
13. Drive Through Window Regulations.
Drive - throughs are permitted with restrictions to location, hours of operation, and noise as
follows:
13.1 Location. The placement of the drive- through shall be restricted to the North,
East, or West sides of the building. Drive- through stacking may not occur on the
south side of any building.
13.2 Hours of Operation. The hours of operation for drive- through are limited to 7:00
AM to 9:00 PM.
13.3Noise. All speakers located the site shall not exceed 65dB, measured 3' from the
speaker.
14. Delivery Restrictions.
Delivery hours and trash pick -up shall be restricted to the hours of 6:00 AM to 10:00 PM
only. No deliveries or trash pick -up shall be permitted between the hours of 10:00 PM and 6:00
AM.
7
GATTIS SCHOOL RD o RED BUD LN
ROUND ROCK, TX
EXHIBIT C-1
IWa(ggeeas.
(COUNTY
ROAD !22)
1111. 4 1 1kDoucet & Associates, Inc
5121 Bee 6m Roai, Sim 551 (Woes 1X 73146
Phone ( (su)fiRr2400 Fa.)6e3.um
GATf1S SCHOOL RD 0 RED BUD LN
ROUND ROCK, TX
SITE PLAN
(COUNTY
ROAD 122)
GATTIS SCHOOL RD 0 RED BUD LN
ROUND ROCK, TX
SECTION A-A
WriVaigitee#Ps.
Pk Doucet & Associates, Inc
MI Bee Ca,. Road, Who En Ainth, TX 7.6
Phore ' 1:574 463.2600 Fax : 583-2601
LAWRENCE S.
LEVINSON A.I.A.
WEST ELEVATION
"Ern
Hill
MST ELEVATION
pIORTH ELEVATION
11,11
mienel
m i
rm
WALGREENS DRUGSTORE
GAMS SCHOOL ROAD A. RED BUD LANE
ROUND ROCK, TEXAS
221.M.003 6 'swan uos
EXHIBIT C-4
THE PL6 REAL ESTATE DEVELOPMENT
namuramtlecuarta.
1.92 Acres
Gattis School Road
Walgreen's Property
Samuel Jenkins Survey
Abstract No. 347
EXHIBIT C -5
DESCRIPTION OF A TRACT OF LAND CONTAINING 1.92 ACRES OR 83,754 SQUARE
FEET OF LAND OUT OF THE SAMUEL JENKINS SURVEY, ABSTRACT NO. 347
BEING A PORTION OF THAT CERTAIN TRACT OF LAND CALLED TO CONTAIN
120.71 ACRES DESCRIBED IN A DEED TO MARY ELIZABETH BUCK VANCE OF
RECORD IN VOLUME 2302, PAGE 480, WILLIAMSON COUNTY, TEXAS. SAID 1.92
ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a 1/2 inch steel reinforcing rod set for the southwest comer of the herein
described tract, said point being in the south line of said Vance Tract and the north line of
Momingside Meadows, Section One, a subdivision of record in Cabinet M, Slide 386, Plat
Records of Williamson County, Texas and from said point, for reference, a iz inch metal rod
found at the southwest comer of said 3.29 acre tract, same being the northwest corner of Lot 15
of said Momingside Meadows, Section One bears, North 89 °33'48" West 233.10 feet;
THENCE, crossing said Vance tract with the westerly line of the herein described tract, North
00 °23'07" East 232.29 feet to a %z" steel reinforcing rod set, capped "Meenach 4335 ", for the
northwest comer of the herein described tract, same being in the north line of said Vance Tract,
same also being in the south right -of -way line of Gattis School Road (width varies);
THENCE, with the north lines of the herein described tract and said Vance Tract, same being
the south lines of said Gattis School Road, the following three (3) courses:
1) South 79 °22' 13" East 121.02 feet to a %2 inch metal rod found;
2) South 84 °45' 12" East 125.31 feet to a `/z inch metal rod found;
3) South 89 °39'43" East 133.90 feet to the point of curvature transitioning between Gattis
School road and Red Bud Lane (formerly County Road No. 122, width varies);
THENCE, with said curve, to the right, having a radius of 25.00 feet, a central angle of
89 °57'01" an arc length of 39.25 feet, the chord of which bears South 44 °33'56" East 35.34
feet to a 1/2" steel reinforcing rod set, capped "Meenach 4335" in the east line of the herein
described tract and said Vance Tract, same being in the west line of said Red Bud Lane;
THENCE, with the east line of the herein described tract and said Vance Tract, same being the
west line of said Red Bud Lane, South 00 °29' 18" West 175.61 feet to a 1/2" steel reinforcing rod
set, capped "Meenach 4335 ", for the southeast corner of the herein described tract, and said
Vance Tract, same being the northeast corner of Lot 28 as shown on said Momingside
Meadows, Section One;
Page 1 of 2
THENCE, with the south line of the herein described tract and said Vance Tract, same being the
North line of said Momingside Meadows, Section One, North 89 °33'48" West, at 327.98 feet
passing a '/2 inch metal rod found for the northwest corner of Lot 17 and the northeast comer of
Lot 16 both of said Momingside Meadows, Section One, in all a total distance of 402.50 feet to
the POINT OF BEGINNING containing 1.92 acres within these metes and bounds as
surveyed by Doucet & Associates in July of 2002.
Dennis Meenach, R.P.L.S. No. 4335
C:\My Documents\L gal Descriptions \Gatlis\Gattis School Road.doc
Page 2 of 2
Date
1.37 Acres
Gattis School Road
Walgreen's Property
Samuel Jenkins Survey
Abstract No. 347
DESCRIPTION OF A TRACT OF LAND CONTAINING 1.37 ACRES OF LAND OUT OF
THE SAMUEL JENKINS SURVEY, ABSTRACT NO. 347, BEING A PORTION OF THAT
CERTAIN TRACT OF LAND CALLED TO CONTAIN 120.71 ACRES DESCRIBED IN A
DEED TO MARY ELIZABETH BUCK VANCE OF RECORD IN VOLUME 2302, PAGE
480, WILLIAMSON COUNTY, TEXAS. SAID 1.37 ACRES BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a %2 inch metal rod found for the southwest comer of the herein described
tract, same being the northwest comer of Lot 15 of Momingside Meadows, Section One, a
subdivision of record in Cabinet M, Slide 386, Plat Records of Williamson County, Texas
THENCE, with the westerly line of the herein described tract, North 00 °28'01" West 274.98
feet to a 1/2" steel reinforcing rod found, for the northwest comer of the herein described tract,
same being in the north line of said Vance Tract, same also being in the south right -of -way line
of Gattis School Road (width varies);
THENCE, with the north lines of the herein described tract and said Vance Tract, same being
the south lines of said Gattis School Road, South 79 °22' 13" East 241.03 feet to a '/2 inch metal
rod found;
THENCE, leaving said Gattis School Road, with the east line of the herein described tract and
crossing said Vance Tract, South 00 °23'07" West 232.29 feet to a 1/2" steel reinforcing rod set,
capped "Meenach 4335 ", for the southeast comer of the herein described tract;
THENCE, with the south line of the herein described tract, same being the North line of said
Momingside Meadows, Section One, North 89 °33'48" West, at 233.10 feet to the POINT OF
BEGINNING containing 1.37 acres within these metes and bounds as surveyed by Doucet &
Associates in July of 2002.
V)41115 Atti
Dennis Meenach, R.P.L.S. No. 4335
C:\My Documents \Legal Descriptions \Gattis \Gattis School Road.doc
EXHIBIT C -6 j
Page 1 of 1
n en Amn c�er�
f 1LLLI 1N1 RLL R ULL
OFFICIAL PUBLIC RECORDS
),)
z -o - - -cs - - 75 . 2
01- 15- 20008 :22 AM 2003003609
MSTANLEY $117.00
NANCY E. RISTER COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
Pl eQS REtu - rn -
CITY OF ROUND ROCK
ADMINISTRATION
221 EAST MAIN STREET
ROUND ROCK, TEXAS 78664
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
AGREEMENT AND DEVELOPMENT PLAN
PLANNED UNIT DE VELOPMENT NO.58
THIS AGREEMENT and Development Plan is made and entered into 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 Mary Elizabeth Buck
Vance, (hereinafter referred to as the "Owner ", whether one or more).
WHEREAS, the Owner has submitted a request to the City to zone approximately 3.29 acres of
land as a Planned Unit Development ( "PUD "), said property being more particularly described in
Exhibit "A," attached hereto and made a part hereof ( hereinafter referred to as the "Property "),
and
WHEREAS, pursuant to Chapter 11, Section 11.314, Code of Ordinances, 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 November 6, 2002, 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:
1. Conformity with Development Plan
2. Changes and Modifications
O: lwdox \CORR1 pods 1pud#SR100039515. DOC
I.
GENERAL PROVISIONS
All uses and development within the Property shall generally conform to the Development Plan
set forth in Section II herein.
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, 7.1 and 7.2 below are
followed.
3. Zoning Violation
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 Chapter 11, Section 11.700, Code of Ordinances, City of Round Rock,
Texas, as amended.
4. Lienholder Consent
The lienholder of record, if any, has consented to this Agreement and Development Plan,
including any and all dedications to the public. A lien holder consent is attached hereto and
incorporated herein as Exhibit `B."
5. Miscellaneous Provisions
5.1 Necessary Documents and Actions.
Each party agrees to execute and deliver all such other and further instruments and undertake
such actions as are or may become necessary or convenient to effectuate the purposes and intent
of this Agreement.
5.2 Severability.
In case one or more provisions contained herein are deemed invalid, illegal or unenforceable in
any respect, such invalidity, illegality or unenforceability shall not affect any other provisions
hereof and in such event, this Agreement shall be construed as if such invalid, illegal or
unenforceable provision had never been contained herein.
5.3 Entire Agreement.
This Agreement constitutes the entire agreement of the parties and supersedes any prior or
contemporaneous oral or written understandings or representations of the parties respecting the
subject matter hereof.
5.4 Applicable Law.
This Agreement shall be construed under and in accordance with the laws of the State of Texas.
5.5 Venue.
All obligations of the parties created hereunder are performable in Williamson County, Texas
and venue for any action arising hereunder shall be in Williamson County.
2
5.6 No Third Party Beneficiaries.
Nothing in this Agreement, express or implied, is intended to confer upon any person or entity,
other than the parties hereto (and their respective successors and assigns), any rights, benefits or
remedies under or by reason of this Agreement.
5.7 Duplicate Originals.
This Agreement may be executed in duplicate original, each of equal dignity.
5.8 Notices.
Until changed by written notice thereof, any notice required under this Agreement may be given
to the respective parties, by certified mail, postage prepaid or by hand delivery to the address of
the other party shown below:
OWNER CITY OF ROUND ROCK
Mary Elizabeth Buck Vance 221 East Main Street
401 Skyline Drive Round Rock, Texas 78664
Austin, TX 78746 Attn: Director of Planning
5.9 Effective Date.
This Agreement shall be effective from and after the date of due execution hereof by all parties.
5.10 Appeals of Administrative Decisions.
Administrative decisions provided for in this Agreement may be appealed to the City Council in
writing within 90 days following receipt by the Owner of the written confirmation of the
decision.
5.11 Binding Effect.
This Agreement and the Development Plan binds and benefits the Owner and its successors and
assigns; provided, however, that an Owner will have no liability hereunder after it sells, and no
longer has an interest in, the Property.
3
1. Definitions
Words and terms used herein shall have their usual force and meaning, or as defined in the Code
of Ordinances, City of Round Rock, Texas, hereinafter referred to as "the Code."
2. Property
This Development Plan ( "Plan") covers approximately 3.29 acres of land, located within the city
limits of Round Rock, Texas, and more particularly described in Exhibit "A," attached hereto.
3. Purpose
The purpose of this Plan is to insure a Planned Unit Development ( "PUD ") development 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 serviced 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.
All other Ordinances within the Code 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 set forth in Exhibit "C," attached hereto
and incorporated herein.
6. Building Setbacks and Other Site Regulations.
Building setbacks and other site regulations shall be as permitted in the C -1 General Commercial
District as modified in Exhibit "C" attached hereto.
4
7. Right of Way Dedication.
10 feet of additional right of way running parallel and abutting the current Gattis School
Road ROW shall be dedicated to the City of Round Rock to widen Gattis School Road. This
dedication shall be deeded to the City within 7 days following the adoption of this PUD. And
said deed shall be recorded concurrently with this agreement.
8. Changes to Agreement and Development Plan.
8.1 Minor Changes.
Minor changes to this Agreement or Plan which do not substantially change this Plan may be
approved administratively, if approved in writing, by the Director of Public Works, the Director
of Planning and Community Development, and the City Attomey.
8.2 Major Changes.
Major changes shall be resubmitted following the same procedure required by the original PUD
application.
9. General Plan.
This agreement conforms with the General Plan.
CITY OF ROUND ROCK, TEX
Date:
WELL, Mayor
City of Round Rock, Texas
OWNER
Mary Elizabeth Vance Buck
by
ck ?At k
^JodEM 3 (1 2 - Z(�Zot
CASEY D. RHODES t
Notary Public. State of Texas
s '� „ MY COrtni Oa ExPlres
Jl1lV'� 2006
r�JP
3.29 Acres
Gattis School Road
Walgreen's Property
Samuel Jenkins Survey
Abstract No. 347
EXHIBIT A
DESCRIPTION OF A TRACT OF LAND CONTAINING 3.29 ACRES OF LAND OUT OF
THE SAMUEL JENKINS SURVEY, ABSTRACT NO. 347, BEING A PORTION OF THAT
CERTAIN TRACT OF LAND CALLED TO CONTAIN 120.71 ACRES DESCRIBED IN A
DEED TO MARY ELIZABETH BUCK VANCE OF RECORD IN VOLUME 2302, PAGE
480, WILLIAMSON COUNTY, TEXAS. SAID 3.29 ACRES BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a '/2 inch metal rod found for the southwest corner of the herein described
tract, same being the northwest corner of Lot 15 of Momingside Meadows, Section One, a
subdivision of record in Cabinet M, Slide 386, Plat Records of Williamson County, Texas
THENCE, with the westerly line of the herein described tract, North 00 °28'01" West 274.98
feet to a ''/2" steel reinforcing rod found, for the northwest comer of the herein described tract,
same being in the north line of said Vance Tract, same also being in the south right -of -way line
of Gattis School Road (width varies);
THENCE, with the north lines of the herein described tract and said Vance Tract, same being
the south lines of said Gattis School Road, the following three (3) courses:
1) South 79 °22'13" East 362.05 feet to a' /2 inch metal rod found;
2) South 84°45'12" East 125.31 feet to a %2 inch metal rod found;
3) South 89 °39'43" East 133.90 feet to the point of curvature transitioning between Gattis
School road and Red Bud Lane (formerly County Road No. 122, width varies);
THENCE, with said curve, to the right, having a radius of 25.00 feet, a central angle of
89 °57'01" an are length of 39.25 feet, the chord of which bears South 44 °33'56" East 35.34
feet to a %2" steel reinforcing rod set, capped "Meenach 4335" in the east line of the herein
described tract and said Vance Tract, same being in the west line of said Red Bud Lane;
THENCE, with the east line of the herein described tract and said Vance Tract, same being the
west line of said Red Bud Lane, South 00°29'18" West 175.61 feet to a %2" steel reinforcing rod
set, capped "Meenach 4335 ", for the southeast comer of the herein described tract, and said
Vance Tract, same being the northeast comer of Lot 28 as shown on said Momingside
Meadows, Section One;
Page 1 of 2
THENCE, with the south line of the herein described tract, same being the North line of said
Momingside Meadows, Section One, North 89 °33'48" West, at 327.98 feet passing a %2 inch
metal rod found for the northwest comer of Lot 17 and the northeast corner of Lot 16 both of
said Morningside Meadows, Section One, in all a total distance of 635.60 feet to the POINT
OF BEGINNING containing 3.29 acres within these metes and bounds as surveyed by Doucet
& Associates in July of 2002.
D ennis Meenach, R.P.L.S. No. 4335
C:\My Documents\Legal Descriptions \Gattis \Gattis School Road.doc
Page 2 of 2
9-2o-o2-
Date
File No. A -028473
HTC GFNo. 20420
EXHIBIT B
OWNERSHIP AND LIEN CERTIFICATE
This is to certify that we have searched the records of Williamson County in the Office of
Heritage Tide Company of Austin, Inc, through October 15, 2002 at 8:00 a.m. as to the
following described property, to-wit
LEGAL DESCRIPTION
Being all of that certain tract or parcel of land containing 1.92 acres of land out of
3.29 acres, more or less, situated in the Samuel Jenkins Survey, Abstract No. 347,
Williamson County, Texas and being more particularly described by metes and bounds
as shown on Exhibit A attached hereto.
Note: The Company does not represent that the above acreage or square footage
calculations are correct.
RECORD TITLE APPEARS TO BE VESTED IN: Mary Elizabeth Buck Vance
LIENS:
None of Record
The following information is based on a general search, from October 15, 1992 through
October 15, 2002 as to the following person(s) and/or entily(ies):
Mary Elizabeth Buck Vance
(None of Record)
This certificate is for the use of and shall inure to the benefit of Doucet & Associates and
is issued in consideration of SO paid to Heritage Title Company of Austin, Inc., fl'he
Company) by same to whom said sum shall be returned as liquidated damages in the
event of any mistake, error and or omissions herein, and by accepting this certificate,
same agrees that said sum and no more shall constitute the full measure of damages
against the Company. None of the information contained herein, or the absence of other
information constitutes a representation to any party as to the status of the title to the
subject property. Ifa title defect and/or encumbrance should exist which is not disclosed
herein, the Company shall not be liable by reason offurnishing this certificate or for any
verbal statements related thereto. The Company shall not be liable for any title defect
Page 1 of 2
unless a title policy is hereafter issued by its insuring against such title defect, and the
applicable title policy premium paid The company's liability shall then exist only under
the terms of its policy as prescribed by the Department of Insurance and as measured and
limited thereby.
HERITAGE TITLE COMPANY OF AUSTIN, INC.
jaibui
Rosie Albritton
Customer Service/Examiner
Page 2 of 2
1. Permitted and Prohibited Uses.
EXHIBIT C
Tract 1: 1.92 acres
Walgreen's Tract
Tract 1, as shown in Exhibit C -1 attached hereto, and as described by metes and bounds in
Exhibit C -5, shall be used solely for the purpose of developing and operating a 14,500 or smaller
square foot retail drug store generally in accordance with the site layout attached hereto as
Exhibit C -2.
2. Outdoor Storage and Display Areas.
No outdoor storage or display shall be permitted on the site.
3. Building Materials.
The exterior of all building shall be 100% masonry (except for glass /metal doors, windows,
roofs) and shall be constructed generally in accordance with the elevations attached hereto as
Exhibit C -4.
4. Building Setbacks.
Building setbacks shall be in accordance with those shown on "Exhibit C -2 ".
5. Landscaping.
5.1 Buffer Adjacent to Single Family Uses:
Fencing and landscape buffers shall be provided between the south property line
and the driveway curb on the south side of the site, as generally shown on Exhibit
C -2 and Exhibit C -3. However, in no case shall the fencing and buffering
interfere with the required drainage.
5.1.1. An eight foot (8') high 100 % masonry fence shall be constructed south of
the paved parking and drive through aisles on the south side of the
building, from a point 20 feet West of Red Bud Lane (CR 122) at
approximately 30 feet east of the southwest corner of Tract 1.
5.1.2. A landscape buffer shall be provided immediately south of the paved
parking and drive- through aisles on the south side of the building in
accordance with the provisions of Section 11.501 (4) (a) of the Zoning
Ordinance with the following modifications.
Wwdox\coii:gnl puds \pud#58 \00039515.DOC
The landscape buffer shall be located between the finished drainage ditch
and the south edge of the parking and drive aisle. All large trees species
shall be planted a minimum of four feet (4') from both the parking and
General landscaping requirements of the Code shall apply to the remainder of the
tract.
6. Utility Lines.
All utility service lines must be underground to connection points provided by the utility
service provider. All transformers must be screened.
7. Height.
drive through aisles and the fence, as shown on Exhibit C -2. Large tree
species shall have a minimum caliper size of 3" inches. Medium tree
species shall have a minimum caliper size of 2" inches. Small tree species
shall have a minimum caliper size of 1 "inch.
5.2 General Landscaping Requirements:
Building heights on the Property shall be in accordance with the plans attached hereto as
"Exhibit C -4 ".
8. Lighting.
8.1 Minimal Spillover Lighting located between the building and the south boundary
of Tract 1 shall be wall or ceiling mounted fixtures located no more than twelve
feet (12') above grade. Such fixtures shall be directed so as to not allow direct
light to spill over the boundary of the property onto abutting residential lots.
8.2 Parking Lot Fixtures Light standards shall be metal poles no more than 25 feet in
height including the base with metal halide horizontal shielded lamp fixtures and
sharp cut off edges. Light from these fixtures shall be directed so as to not allow
direct light to spill over the boundary of the property onto abutting residential lots.
8.3 Site Plan The site plan submittal for the property shall include lighting
specifications and a photometric plan in compliance with this agreement.
9. Driveway Access.
Driveway access to Tract 1 shall be limited to the number and location shown on the site
plan attached hereto as "Exhibit C -2 ".
10. Drainage.
Developer will install a curb along the edge of the south side of the parking lot and drive through
lane of the proposed development. Developer will submit a drainage plan, which uses a storm
collection system to collect the surface water and disperse this water to collection areas at both
the southeast and northeast portions of the parcel. Developer agrees to disperse the majority of
the surface water to the northeast comer of the site.
2
In addition, developer will submit drainage calculations plans to the City showing improvements
to the drainage channel on the south side of Tract 2. These improvements will include regrading
and re- shaping the channel to be a uniform trapezoidal or "V" shape. The channel will be hydro
mulched and seeded to re- establish vegetation along the bottom and sides of the channel. The
area just west of three (3) -36 inch culverts under Red Bud Lane where the drainage channel and
the west roadside ditch of Red Bud Lane intersect, the developer will add concrete rip -rap, and
will install a culvert under the proposed driveway to provide drainage overflow to prevent
ponding higher than what is occurring in the existing condition.
11. Wastewater Service.
11.1 Gravity Line. Owner shall extend the gravity wastewater line located at the
intersection of Gattis School Road and High Country Boulevard East to a point
determined by the City Engineer to be the most easterly point that can be
practically serviced by a gravity wastewater line. This line shall be sized to
accommodate all the tracts between High Country Boulevard and County Road
122. Prior to installation, sizing shall be approved by the City Engineer.
11.2 Force Main. Owner shall install a grinder pump and force main for the sole
purpose of serving Tract 1 and extend the force main to the gravity line to be
constructed in accordance with Section 11.1 above. The Owner shall maintain this
pump and force main. The City shall have no responsibility to maintain said
grinder pump and force main.
12. Drive Through Window Noise Regulations.
All speakers located on the site shall be of a nature similar to that utilized by financial
institutions at drive through locations and the decibel level from the speakers shall not exceed the
following:
Speakers for Lanes 1 & 2: from 7:00 a.m. to 10:00 p.m. 65dBA
Speakers for Lane 1: from 10:00 p.m. to 7:00 a.m. 55 dBA
Speakers for Lane 2: from 10:00 p.m. to 7:00 a.m. 60dBA
13. Delivery Restrictions.
Delivery hours and trash pick -up shall be restricted to the hours of 6:00 AM to 10:00 PM
only. No deliveries or trash pick -up shall be permitted between the hours of 10:00 PM and 6:00
AM.
3
14. Drainage Ditch Maintenance.
Developer shall maintain the drainage easement bordering the south side of the Property, as
shown on Exhibit C -3.
4
1. Permitted and Prohibited Uses.
EXHIBIT C (continued)
Tract 2: 1.37 acres
Tract 2, as shown in Exhibit C -1 attached hereto, and as described in Exhibit C -6, shall be used
solely for the uses permitted in the C -1 (General Commercial) Zoning District except for the uses
listed in paragraph 2, which have been determined to be non - compatible with the abutting single -
family residential uses.
2. Prohibited Uses.
The following uses are prohibited from Tract 2.
1. Flea Markets
2. Sexually Orientated Businesses
3. Amusement Parks or Carnivals
4. Portable Building Sales
5. Recreational Vehicle Parks
6. Outdoor Shooting Ranges
7. Pawn Shops
8. Kennels
9. Truck Stops
10. Towing Companies
11. Automotive Sales or Leasing including boats, RV's, Trailers, Motorized
Equipment, Motorized Recreational Vehicles, Trucks.
12. Automotive Service Facilities: Vehicle Repair Facilities and Body Shops.
13. Passenger Terminals
14. Fast Food Eating Establishments with Drive- Through Windows
3. Outdoor Storage and Display Areas.
No outdoor storage or display shall be permitted on the site.
4. Building Materials.
The exterior of all building shall be 100% masonry (except for glass /metal doors, windows,
roofs.)
5. Building Setbacks.
Building setbacks shall be in accordance with C -1 Zoning District building setbacks.
6. Landscaping and Buffer Requirements.
All landscaping requirements of the Code shall apply to
Tract 2 and shall comply with the C -I Zoning District landscaping requirements.
5
7. Utility Lines.
All utility service lines must be underground to connection points provided by the utility
service provider. All transformers must be screened.
8. Height.
Building heights on the Property shall be restricted to two stories.
9. Lighting.
9.1 Minimal Spillover Lighting located between the building and the south boundary
of Tract 2 shall be wall or ceiling mounted fixtures located no more than twelve
feet (12') above grade. Such fixtures shall be directed so as to not allow direct
light to spill over the boundary of the property onto abutting residential lots.
9.2 Parking Lot Fixtures Light standards shall be metal poles no more than 25 feet in
height including the base with metal halide horizontal shielded lamp fixtures and
sharp cut off edges. Light from these fixtures shall be directed so as to not allow
direct light to spill over the boundary of the property onto abutting residential lots.
9.3 Site Plan The site plan submittal for the property shall include lighting
specifications and a photometric plan in compliance with this agreement.
10. Drainage Calculations.
Drainage calculations and construction details shall be provided with the site plan. The
Developer will submit drainage calculations and plans to the City showing improvements to the
drainage channel on the south side of Tract 2. These improvements will include regrading and
re- shaping the channel to be uniform trapezoidal or "V" shape. The channel will be hydro
mulched and seeded to re- establish vegetation along the bottom and sides of the channel.
11. Driveway Access.
Driveway access to Tract 2 shall be limited to one driveway onto Gattis School Road.
The location of this driveway shall be determined by the City Traffic Engineer when the Site
Development Plan is submitted.
12. Wastewater Service.
12.1 Force Main. Owner shall connect to gravity wastewater line constructed by
Owner of Tract 1. If a force main is required to make this connection Owner shall
install a grinder pump and force main for the sole purpose of serving Tract 2 and
extend the force main to the gravity line to be constructed by the owner of Tract
1. The Owner of Tract 2 shall maintain this pump and line. The City shall not be
responsible for maintaining this pump and line.
6
12.2 Easement. Owner of Tract 2shall dedicate an easement across Tract 2 to benefit of
Tract 1 that allows for placement, access and future maintenance of the force
main.
13. Drive Through Window Regulations.
Drive - throughs are permitted with restrictions to location, hours of operation, and noise as
follows:
13.1 Location. The placement of the drive- through shall be restricted to the North,
East, or West sides of the building. Drive - through stacking may not occur on the
south side of any building.
13.2 Hours of Operation. The hours of operation for drive - through are limited to 7:00
AM to 9:00 PM.
13.3Noise. All speakers located the site shall not exceed 65dB, measured 3' from the
speaker.
14. Delivery Restrictions.
Delivery hours and trash pick -up shall be restricted to the hours of 6:00 AM to 10:00 PM
only. No deliveries or trash pick -up shall be permitted between the hours of 10:00 PM and 6:00
AM.
7
GATTIS SCHOOL RD 0 RED BUD LN
ROUND ROCK, TX
EXHIBIT C•1
t II
R ED BUD LANE
WagxeeaA,
(COUNTY
ROAD 122)
lik Doucet & Associates, Inc
012, Be. 6w f..d Saw 101 Moth >x>8746
None:6W 5.2600 fu: M4601
EXHIBIT C -2
21' MIN.
9 MIN.
GATI1S SCHOOL RD 0 RED BUD IN
ROUND ROCK, TX
SITE PLAN
RED BUD LANE
(COUNTY
ROAD 122)
L Doucet & Associates, inc
54: 9a exm IEc1tl, L it, WI Auft,11( 711746
Mane : 0512) 503.00 : 511346111
EXHIBIT 0-3
GATTIS SCHOOL RD 0 RED BUD IN
ROUND ROCK, TX
SECTION A-A
E li k Doucet & Associates, Inc.
5121 Bee Caves Roa4 Suke MI Main, TX 757.
Phone . 014 583.2600 FaK : 51331601
i LAWRENCE S.
. 0 - V.--.... t.......
LEVINSON, ALA_
......,„., „........,..
NORTH ELEVATION-
EAST ELEVATION
WALGREENS DRUGSTORE
GATTIS SCHOOL ROAD & RED BUD LANE
ROUND ROCK. TEXAS
=WOO 6 AUOTAT 2002
EXHIBIT C-4
'THE PLACE' REAL ESTATE DEVELOPMENT
1.92 Acres
Gattis School Road
Walgreen's Property
Samuel Jenkins Survey
Abstract No. 347
EXHIBIT C -5
DESCRIPTION OF A TRACT OF LAND CONTAINING 1.92 ACRES OR 83,754 SQUARE
FEET OF LAND OUT OF THE SAMUEL JENKINS SURVEY, ABSTRACT NO. 347
BEING A PORTION OF THAT CERTAIN TRACT OF LAND CALLED TO CONTAIN
120.71 ACRES DESCRIBED IN A DEED TO MARY ELIZABETH BUCK VANCE OF
RECORD IN VOLUME 2302, PAGE 480, WILLIAMSON COUNTY, TEXAS. SAID 1.92
ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a 1/2 inch steel reinforcing rod set for the southwest comer of the herein
described tract, said point being in the south line of said Vance Tract and the north line of
Momingside Meadows, Section One, a subdivision of record in Cabinet M, Slide 386, Plat
Records of Williamson County, Texas and from said point, for reference, a 1/2 inch metal rod
found at the southwest corner of said 3.29 acre tract, same being the northwest comer of Lot 15
of said Momingside Meadows, Section One bears, North 89 °33'48" West 233.10 feet;
THENCE, crossing said Vance tract with the westerly line of the herein described tract, North
00 °23'07" East 232.29 feet to a 'W' steel reinforcing rod set, capped "Meenach 4335 ", for the
northwest comer of the herein described tract, same being in the north line of said Vance Tract,
same also being in the south right -of -way line of Gattis School Road (width varies);
THENCE, with the north lines of the herein described tract and said Vance Tract, same being
the south lines of said Gattis School Road, the following three (3) courses:
1) South 79°22'13" East 121.02 feet to a 1/2 inch metal rod found;
2) South 84°45'12" East 125.31 feet to a 1/2 inch metal rod found;
3) South 89 °39'43" East 133.90 feet to the point of curvature transitioning between Gattis
School road and Red Bud Lane (formerly County Road No. 122, width varies);
THENCE, with said curve, to the right, having a radius of 25.00 feet, a central angle of
89 °57'01" an arc length of 39.25 feet, the chord of which bears South 44 °33'56" East 35.34
feet to a '' /2" steel reinforcing rod set, capped "Meenach 4335" in the east line of the herein
described tract and said Vance Tract, same being in the west line of said Red Bud Lane;
THENCE, with the east line of the herein described tract and said Vance Tract, same being the
west line of said Red Bud Lane, South 00°29'18" West 175.61 feet to a 1/2" steel reinforcing rod
set, capped "Meenach 4335 ", for the southeast comer of the herein described tract, and said
Vance Tract, same being the northeast corner of Lot 28 as shown on said Momingside
Meadows, Section One;
Page 1 of 2
THENCE, with the south line of the herein described tract and said Vance Tract, same being the
North line of said Momingside Meadows, Section One, North 89 °33'48" West, at 327.98 feet
passing a Y2 inch metal rod found for the northwest corner of Lot 17 and the northeast corner of
Lot 16 both of said Momingside Meadows, Section One, in all a total distance of 402.50 feet to
the POINT OF BEGINNING containing 1.92 acres within these metes and bounds as
surveyed by Doucet & Associates in July of 2002.
P,E OF
,
l. t C
DENT I gFAF j t.
Alp 433 Date
Dennis Meenach, R.P.L.S. No. 4335 ; 0
7 :1 °F ess o
t=y
0
SOP
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C \My Documents\Legal Descriptions \Gattis\Gattis School Road.doc
Page 2 of 2
1.37 Acres
Gattis School Road
Walgreen's Property
Samuel Jenkins Survey
Abstract No. 347
EXHIBIT C -6
DESCRIPTION OF A TRACT OF LAND CONTAINING 1.37 ACRES OF LAND OUT OF
THE SAMUEL JENKINS SURVEY, ABSTRACT NO. 347, BEING A PORTION OF THAT
CERTAIN TRACT OF LAND CALLED TO CONTAIN 120.71 ACRES DESCRIBED IN A
DEED TO MARY ELIZABETH BUCK VANCE OF RECORD IN VOLUME 2302, PAGE
480, WILLIAMSON COUNTY, TEXAS. SAID 1.37 ACRES BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a %z inch metal rod found for the southwest comer of the herein described
tract, same being the northwest comer of Lot 15 of Momingside Meadows, Section One, a
subdivision of record in Cabinet M, Slide 386, Plat Records of Williamson County, Texas
THENCE, with the westerly line of the herein described tract, North 00 °28'01" West 274.98
feet to a %a" steel reinforcing rod found, for the northwest comer of the herein described tract,
same being in the north line of said Vance Tract, same also being in the south right -of -way line
of Gattis School Road (width varies);
THENCE, with the north lines of the herein described tract and said Vance Tract, same being
the south lines of said Gattis School Road, South 79 °22' 13" East 241.03 feet to a %2 inch metal
rod found;
THENCE, leaving said Gattis School Road, with the east line of the herein described tract and
crossing said Vance Tract, South 00 °23'07" West 232.29 feet to a %z" steel reinforcing rod set,
capped "Meenach 4335 ", for the southeast comer of the herein described tract;
THENCE, with the south line of the herein described tract, same being the North line of said
Momingside Meadows, Section One, North 89 °33'48" West, at 233.10 feet to the POINT OF
BEGINNING containing 1.37 acres within these metes and bounds as surveyed by Doucet &
Associates in July of 2002.
1)t PtI310
Dennis Meenach, R.P.L.S. No. 4335
C:\My Documents\Legal Descriptions \Gattis \Gattis School Road.doc
Page 1 of 1
:: ODWA\ WOBLDOX\ 0: \WDO% \ORDINANC \021205B2.WPD /cdc
ORDINANCE NO. Z - Oa - as -05 782J
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 ADOPT ORIGINAL ZONING
ON 3.29 ACRES OF LAND OUT OF THE SAMUEL JENKINS SURVEY
SURVEY, ABSTRACT 347, IN ROUND ROCK, WILLIAMSON
COUNTY, TEXAS AS PLANNED UNIT DEVELOPMENT (PUD) NO.
58.
WHEREAS, an application has been made to the City Council of
the City of Round Rock, Texas to amend the Official Zoning Map to
adopt original zoning on 3.29 acres of land described in Exhibit
"1" as Planned Unit Development (PUD) No. 58, 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 6th day of November,
2002, 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
classified as PUD No. 58, and
2.
WHEREAS, on the 5th day of December, 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 the City Council has hereby determined the Planned Unit
Development (PUD) No. 58 meets the following goals and objectives:
(1) The development in PUD No. 58 is equal to or superior to
development that would occur under the standard ordinance
requirements.
(2) P.U.D. No. 58 is in harmony with the general purposes,
goals, objectives and standards of the General Plan.
(3) P.U.D. No. 58 does not have an undue adverse effect upon
adjacent property, the character of the neighborhood,
traffic conditions, parking, utilities or any other
matters affecting the public health, safety and general
welfare.
(4) P.U.D. No. 58 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. 58 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. 53, and that the Mayor is hereby authorized and directed
to enter into the Agreement and Development Plan for PUD No. 58
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 . )
of , 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.
ST:
CHRISTINE R. MARTINEZ, City Secreta
4.
WELL, Mayor
City of Round Rock, Texas
Walgreens PUD No. 58
Original Zoning District PUD (Planned Unit Development)
ROUNDABOUTLN
GA7?IS SCHOOL RD
3.29 Acres
Gattis School Road
Walgreen's Property
Samuel Jenkins Survey
Abstract No. 347
EXHIBIT T'
DESCRIPTION OF A TRACT OF LAND CONTAINING 3.29 ACRES OF LAND OUT OF
THE SAMUEL JENKINS SURVEY, ABSTRACT NO. 347, BEING A PORTION OF THAT
CERTAIN TRACT OF LAND CALLED TO CONTAIN 120.71 ACRES DESCRIBED IN A
DEED TO MARY ELIZABETH BUCK VANCE OF RECORD IN VOLUME 2302, PAGE
480, WILLIAMSON COUNTY, TEXAS. SAID 3.29 ACRES BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 'A inch metal rod found for the southwest comer of the herein described
tract, same being the northwest comer of Lot 15 of Momingside Meadows, Section One, a
subdivision of record in Cabinet M, Slide 386, Plat Records of Williamson County, Texas
THENCE, with the westerly line of the herein described tract, North 00°28'01" West 274.98
feet to a %x" steel reinforcing rod found, for the northwest comer of the herein described tract
same being in the north line of said Vance Tract, same also being in the south right -of -way line
of Gattis School Road (width varies);
THENCE, with the north lines of the herein described tract and said Vance Tract, same being
the south lines of said Gattis School Road, the following three (3) courses:
1) South 79°22'13" East 362.05 feet to a %z inch metal rod found;
2) South 84°45'12" East 125.31 feet to a Yz inch metal rod found;
3) South 89 °39'43" East 133.90 feet to the point of curvature transitioning between Gattis
School road and Red Bud Lane (formerly County Road No. 122, width varies);
THENCE, with said curve, to the right, having a radius of 25.00 feet, a central angle of
89 °57'01" an arc length of 39.25 feet, the chord of which bears South 44 °33'56" East 35.34
feet to a 'Az" steel reinforcing rod set, capped `Ivleenach 4335" in the east line of the herein
described tract and said Vance Tract, same being in the west line of said Red Bud Lane;
THENCE, with the east line of the herein described tract and said Vance Tract, same being the
west line of said Red Bud Lane, South 00°29'18" West 175.61 feet to a'' 'A" steel reinforcing rod
set, capped "Meenach 4335 ", for the southeast comer of the herein described tract, and said
Vance Tract, same being the northeast comer of Lot 28 as shown on said Momingside
Meadows, Section One;
Page 1 of 2
THENCE, with the south line of the herein described tract, same being the North line of said
Morningside Meadows, Section One, North 89 °33'48" West, at 327.98 feet passing a % inch
metal rod found for the northwest comer of Lot 17 and the northeast comer of Lot 16 both of
said Morningside Meadows, Section One, in all a total distance of 635.60 feet to the POINT
OF BEGINNING containing 3.29 acres within these metes and bounds as surveyed by Doucet
& Associates in July of 2002.
P :1411S 11E.Ekca
D�nnis Meenach, R.P.L.S. No 4335
C:IMy DocumcnBH.cgal Descript nsVCrattislGrattis School Road.doc
Page 2 of 2
1t.,.., . CSti .a Date
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
AGREEMENT AND DEVELOPMENT PLAN
PLANNED UNIT DEVELOPMENT NO. 58
EXHIBIT "2"
THIS AGREEMENT and Development Plan is made and entered into 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 Mary Elizabeth Buck
Vance, (hereinafter referred to as the "Owner ", whether one or more).
WHEREAS, the Owner has submitted a request to the City to zone approximately 3.29 acres of
land as a Planned Unit Development ( "PUD "), said property being more particularly described in
Exhibit "A," attached hereto and made a part hereof ( hereinafter referred to as the "Property "),
and
WHEREAS, pursuant to Chapter 11, Section 11.314, Code of Ordinances, 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 November 6, 2002, 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:
O'\ wdox \CORR \gni \puds\pud #5R\000395 f 5. DOC
I.
GENERAL PROVISIONS
1. Conformity with Development Plan
All uses and development within the Property shall generally conform to the Development Plan
set forth in Section II herein.
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, 7.1 and 7.2 below are
followed.
3. Zoning Violation
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 Chapter 11, Section 11.700, Code of Ordinances, City of Round Rock,
Texas, as amended.
4. Lienholder Consent
The lienholder of record, if any, has consented to this Agreement and Development Plan,
including any and all dedications to the public. A lien holder consent is attached hereto and
incorporated herein as Exhibit `B."
5. Miscellaneous Provisions
5.1 Necessary Documents and Actions.
Each party agrees to execute and deliver all such other and further instruments and undertake
such actions as are or may become necessary or convenient to effectuate the purposes and intent
of this Agreement.
5.2 Severability.
In case one or more provisions contained herein are deemed invalid, illegal or unenforceable in
any respect, such invalidity, illegality or unenforceability shall not affect any other provisions
hereof and in such event, this Agreement shall be construed as if such invalid, illegal or
unenforceable provision had never been contained herein.
5.3 Entire Agreement.
This Agreement constitutes the entire agreement of the parties and supersedes any prior or
contemporaneous oral or written understandings or representations of the parties respecting the
subject matter hereof.
5.4 Applicable Law.
This Agreement shall be construed under and in accordance with the laws of the State of Texas.
5.5 Venue.
All obligations of the parties created hereunder are performable in Williamson County, Texas
and venue for any action arising hereunder shall be in Williamson County.
2
5.6 No Third Party Beneficiaries.
Nothing in this Agreement, express or implied, is intended to confer upon any person or entity,
other than the parties hereto (and their respective successors and assigns), any rights, benefits or
remedies under or by reason of this Agreement.
5.7 Duplicate Originals.
This Agreement may be executed in duplicate original, each of equal dignity.
5.8 Notices.
Until changed by written notice thereof, any notice required under this Agreement may be given
to the respective parties, by certified mail, postage prepaid or by hand delivery to the address of
the other party shown below:
OWNER CITY OF ROUND ROCK
Mary Elizabeth Buck Vance 221 East Main Street
401 Skyline Drive Round Rock, Texas 78664
Austin, TX 78746 Attn: Director of Planning
5.9 Effective Date.
This Agreement shall be effective from and after the date of due execution hereof by all parties.
5.10 Appeals of Administrative Decisions.
Administrative decisions provided for in this Agreement may be appealed to the City Council in
writing within 90 days following receipt by the Owner of the written confirmation of the
decision.
5.11 Binding Effect.
This Agreement and the Development Plan binds and benefits the Owner and its successors and
assigns; provided, however, that an Owner will have no liability hereunder after it sells, and no
longer has an interest in, the Property.
3
1. Definitions
Words and terms used herein shall have their usual force and meaning, or as defined in the Code
of Ordinances, City of Round Rock, Texas, hereinafter referred to as "the Code."
2. Property
II.
DEVELOPMENT PLAN
This Development Plan ( "Plan") covers approximately 3.29 acres of land, located within the city
limits of Round Rock, Texas, and more particularly described in Exhibit "A," attached hereto.
3. Purpose
The purpose of this Plan is to insure a Planned Unit Development ( "PUD ") development 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 serviced 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.
All other Ordinances within the Code shall apply to the Property, except as clearly modified by
this Plan.
5. Permitted Uses.
The Property shall be used and developed for the uses set forth in Exhibit "C," attached hereto
and incorporated herein.
6. Building Setbacks and Other Site Regulations.
Building setbacks and other site regulations shall be as permitted in the C -1 General Commercial
District as modified in Exhibit "C" attached hereto.
4
7. Right of Way Dedication.
10 feet of additional right of way running parallel and abutting the current Gattis School
Road ROW shall be dedicated to the City of Round Rock to widen Gattis School Road. This
dedication shall be deeded to the City within 7 days following the adoption of this PUD. And
said deed shall be recorded concurrently with this agreement.
8. Changes to Agreement and Development Plan.
8A Minor Changes.
Minor changes to this Agreement or Plan which do not substantially change this Plan may be
approved administratively, if approved in writing, by the Director of Public Works, the Director
of Planning and Community Development, and the City Attorney.
8.2 Major Changes.
Major changes shall be resubmitted following the same procedure required by the original PUD
application.
9. General Plan.
This agreement conforms with the General Plan.
CITY OF ROUND ROCK, TEXAS
By:
NYLE MAXWELL, Mayor
City of Round Rock, Texas
Date:
OWNER
Mary Elizabeth Vance Buck
/1.4. y,
last
Date:
No crn OC(Z- 2-1 Z0D Z-
3.29 Acres
Gattis School Road
Walgreen's Property
Samuel Jenkins Survey
Abstract No. 347
EXHIBIT A
DESCRIPTION OF A TRACT OF LAND CONTAINING 3.29 ACRES OF LAND OUT OF
THE SAMUEL JENKINS SURVEY, ABSTRACT NO. 347, BEING A PORTION OF THAT
CERTAIN TRACT OF LAND CALLED TO CONTAIN 120.71 ACRES DESCRIBED IN A
DEED TO MARY ELIZABETH BUCK VANCE OF RECORD IN VOLUME 2302, PAGE
480, WILLIAMSON COUNTY, TEXAS. SAID 3.29 ACRES BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a %s inch metal rod found for the southwest comer of the herein described
tract, same being the northwest corner of Lot 15 of Morningside Meadows, Section One, a
subdivision of record in Cabinet M, Slide 386, Plat Records of Williamson County, Texas
THENCE, with the westerly line of the herein described tract, North 00 °28'01" West 274.98
feet to a %z" steel reinforcing rod found, for the northwest comer of the herein described tract,
same being in the north line of said Vance Tract, same also being in the south right -of -way line
of Gattis School Road (width varies);
THENCE, with the north lines of the herein described tract and said Vance Tract, same being
the south lines of said Gattis School Road, the following three (3) courses:
1) South 79°22'13" East 362.05 feet to a '/z inch metal rod found;
2) South 84°45'12" East 125.31 feet to a %z inch metal rod found;
3) South 89 °39'43" East 133.90 feet to the point of curvature transitioning between Gattis
School road and Red Bud Lane (formerly County Road No. 122, width varies);
THENCE, with said curve, to the right, having a radius of 25.00 feet, a central angle of
89 °57'01" an arc length of 39.25 feet, the chord of which bears South 44 °33'56" East 35.34
feet to a '/z" steel reinforcing rod set, capped "Meenach 4335" in the east line of the herein
described tract and said Vance Tract, same being in the west line of said Red Bud Lane;
THENCE, with the east line of the herein described tract and said Vance Tract, same being the
west line of said Red Bud Lane, South 00°29'18" West 175.61 feet to a %z" steel reinforcing rod
set, capped " Meenach 4335 ", for the southeast comer of the herein described tract, and said
Vance Tract, same being the northeast comer of Lot 28 as shown on said Morningside
Meadows, Section One;
Page 1 of 2
THENCE, with the south line of the herein described tract, same being the North line of said
Momingside Meadows, Section One, North 89 °33'48" West, at 327.98 feet passing a '/x inch
metal rod found for the northwest corner of Lot 17 and the northeast comer of Lot 16 both of
said Momingside Meadows, Section One, in all a total distance of 635.60 feet to the POINT
OF BEGINNING containing 3.29 acres within these metes and bounds as surveyed by Doucet
& Associates in July of 2002.
D nnis
Meenach, R.P.L.S. No. 4335
C:\My DocumentsVzgal Descriptions \Gallis \Gatos School Road.doc
Page 2 of 2
File No. A -028473
HTC GFNo. 20420
EXHIBIT B
OWNERSHIP AND LIEN CERTIFICATE
This is to certify that we have searched the records of Williamson County in the Office of
Heritage Title Company of Austin, Inc., through October 15, 2002 at 8:00 a.m. as to the
following described property, to -wit:
LEGAL DESCRIPTION
Being all of that certain tract or parcel of land containing 1.92 acres of land out of
3.29 acres, more or less, situated in the Samuel Jenkins Survey, Abstract No. 347,
Williamson County, Texas and being more particularly described by metes and bounds
as shown on Exhibit A attached hereto.
Note: The Company does not represent that the above acreage or square footage
calculations are correct.
RECORD TITLE APPEARS TO BE VESTED IN: Mary Elizabeth Buck Vance
LIENS:
None of Record
The following information is based on a general search, from October 15, 1992 through
October 15, 2002 as to the following person(s) and/or entity(ies):
Mary Elizabeth Buck Vance
(None of Record)
This certificate is for the use of and shall inure to the benefit of Doucet & Associates and
is issued in consideration of SO paid to Heritage Title Company of Austin, Inc., 'The
Company) by same to whom said sum shall be returned as liquidated damages in the
event of any mistake, error and or omissions herein, and by accepting this certificate,
same agrees that said sum and no more shall constitute the full measure of damages
against the Company. None of the information contained herein, or the absence of other
information constitutes a representation to any party as to the status of the title to the
subject property. Ifa title defect and/or encumbrance should exist which is not disclosed
herein, the Company shall not be liable by reason offurnishing this certificate or for any
verbal statements related thereto. The Company shall not be liable for any title defect
Page 1 of 2
unless a title policy is hereafter issued by its insuring against such title defect, and the
applicable title policy premium paid The company's liability shall then exist only under
the germs of its policy as prescribed by the Department of Insurance and as measured and
limited thereby.
HERITAGE TITLE COMPANY OF AUSTIN, INC.
/�GGWwIR-
Rosie Albritton
Customer Service/Faminer
Page 2 of 2
1. Permitted and Prohibited Uses.
EXHIBIT C
Tract 1: 1.92 acres
Walgreen's Tract
Tract 1, as shown in Exhibit C -1 attached hereto, and as described by metes and bounds in
Exhibit C -5, shall be used solely for the purpose of developing and operating a 14,500 or smaller
square foot retail drug store generally in accordance with the site layout attached hereto as
Exhibit C -2.
2. Outdoor Storage and Display Areas.
No outdoor storage or display shall be permitted on the site.
3. Building Materials.
The exterior of all building shall be 100% masonry (except for glass/metal doors, windows,
roofs) and shall be constructed generally in accordance with the elevations attached hereto as
Exhibit C -4.
4. Building Setbacks.
Building setbacks shall be in accordance with those shown on "Exhibit C -2 ".
5. Landscaping.
5.1 Buffer Adjacent to Single Family Uses:
Fencing and landscape buffers shall be provided between the south property line
and the driveway curb on the south side of the site, as generally shown on Exhibit
C -2 and Exhibit C -3. However, in no case shall the fencing and buffering
interfere with the required drainage.
5.1.1. An eight foot (8') high 100 % masonry fence shall be constructed south of
the paved parking and drive through aisles on the south side of the
building, from a point 20 feet West of Red Bud Lane (CR 122) at
approximately 30 feet east of the southwest corner of Tract 1.
5.1.2. A landscape buffer shall be provided immediately south of the paved
parking and drive- through aisles on the south side of the building in
accordance with the provisions of Section 11.501 (4) (a) of the Zoning
Ordinance with the following modifications.
\wdoxlcon`gnivuds \pud#158 00039515DOC
The landscape buffer shall be located between the finished drainage ditch
and the south edge of the parking and drive aisle. All large trees species
shall be planted a minimum of four feet (4') from both the parking and
7. Height.
drive through aisles and the fence, as shown on Exhibit C -2. Large tree
species shall have a minimum caliper size of 3" inches. Medium tree
species shall have a minimum caliper size of 2" inches. Small tree species
shall have a minimum caliper size of 1 "inch.
5.2 General Landscaping Requirements:
6. Utility Lines.
General landscaping requirements of the Code shall apply to the remainder of the
tract.
All utility service lines must be underground to connection points provided by the utility
service provider. All transformers must be screened.
Building heights on the Property shall be in accordance with the plans attached hereto as
"Exhibit C -4 ".
8. Lighting.
8.1 Minimal Spillover Lighting located between the building and the south boundary
of Tract 1 shall be wall or ceiling mounted fixtures located no more than twelve
feet (12') above grade. Such fixtures shall be directed so as to not allow direct
light to spill over the boundary of the property onto abutting residential lots_
8.2 Parking Lot Fixtures Light standards shall be metal poles no more than 25 feet in
height including the base with metal halide horizontal shielded lamp fixtures and
sharp cut off edges. Light from these fixtures shall be directed so as to not allow
direct light to spill over the boundary of the property onto abutting residential lots.
8.3 Site Plan The site plan submittal for the property shall include lighting
specifications and a photometric plan in compliance with this agreement.
9. Driveway Access.
Driveway access to Tract 1 shall be limited to the number and location shown on the site
plan attached hereto as "Exhibit C -2 ".
10. Drainage.
Developer will install a curb along the edge of the south side of the parking lot and drive through
lane of the proposed development. Developer will submit a drainage plan, which uses a stone
collection system to collect the surface water and disperse this water to collection areas at both
the southeast and northeast portions of the parcel. Developer agrees to disperse the majority of
the surface water to the northeast comer of the site.
2
In addition, developer will submit drainage calculations plans to the City showing improvements
to the drainage channel on the south side of Tract 2. These improvements will include regrading
and re- shaping the channel to be a uniform trapezoidal or "V" shape. The channel will be hydro
mulched and seeded to re- establish vegetation along the bottom and sides of the channel. The
area just west of three (3) -36 inch culverts under Red Bud Lane where the drainage channel and
the west roadside ditch of Red Bud Lane intersect, the developer will add concrete rip -rap, and
will install a culvert under the proposed driveway to provide drainage overflow to prevent
ponding higher than what is occurring in the existing condition.
11. Wastewater Service.
11.1 Gravity Line. Owner shall extend the gravity wastewater line located at the
intersection of Gattis School Road and High Country Boulevard East to a point
determined by the City Engineer to be the most easterly point that can be
practically serviced by a gravity wastewater line. This line shall be sized to
accommodate all the tracts between High Country Boulevard and County Road
122. Prior to installation, sizing shall be approved by the City Engineer.
11.2 Force Main. Owner shall install a grinder pump and force main for the sole
purpose of serving Tract 1 and extend the force main to the gravity line to be
constructed in accordance with Section 11.1 above. The Owner shall maintain this
pump and force main. The City shall have no responsibility to maintain said
grinder pump and force main.
12. Drive Through Window Noise Regulations.
All speakers located on the site shall be of a nature similar to that utilized by financial
institutions at drive through locations and the decibel level from the speakers shall not exceed the
following:
Speakers for Lanes 1 & 2: from 7:00 a.m. to 10:00 p.m. 65dBA
Speakers for Lane 1: from 10:00 p.m. to 7:00 a.m. 55 dBA
Speakers for Lane 2: from 10:00 p.m. to 7:00 a.m. 60dBA
13. Delivery Restrictions.
Delivery hours and trash pick -up shall be restricted to the hours of 6:00 AM to 10:00 PM
only. No deliveries or trash pick -up shall be permitted between the hours of 10:00 PM and 6:00
AM.
3
14. Drainage Ditch Maintenance.
Developer shall maintain the drainage easement bordering the south side of the Property, as
shown on Exhibit C -3.
4
1. Permitted and Prohibited Uses.
EXHIBIT C (continued)
Tract 2: 137 acres
Tract 2, as shown in Exhibit C -1 attached hereto, and as described in Exhibit C -6, shall be used
solely for the uses permitted in the C -1 (General Commercial) Zoning District except for the uses
listed in paragraph 2, which have been determined to be non - compatible with the abutting single -
family residential uses.
2. Prohibited Uses.
The following uses are prohibited from Tract 2.
1. Flea Markets
2. Sexually Orientated Businesses
3. Amusement Parks or Carnivals
4. Portable Building Sales
5. Recreational Vehicle Parks
6. Outdoor Shooting Ranges
7. Pawn Shops
8. Kennels
9. Truck Stops
10. Towing Companies
11. Automotive Sales or Leasing including boats, RV's, Trailers, Motorized
Equipment, Motorized Recreational Vehicles, Trucks.
12. Automotive Service Facilities: Vehicle Repair Facilities and Body Shops.
13. Passenger Terminals
14. Fast Food Eating Establishments with Drive - Through Windows
3. Outdoor Storage and Display Areas.
No outdoor storage or display shall be permitted on the site.
4. Building Materials.
The exterior of all building shall be 100% masonry (except for glass /metal doors, windows,
roofs.)
5. Building Setbacks.
Building setbacks shall be in accordance with C -1 Zoning District building setbacks.
5
6. Landscaping and Buffer Requirements.
All landscaping requirements of the Code shall apply to
Tract 2 and shall comply with the C -1 Zoning District landscaping requirements.
7. Utility Lines.
All utility service lines must be underground to connection points provided by the utility
service provider. All transformers must be screened.
8. Height.
Building heights on the Property shall be restricted to two stories.
9. Lighting.
9.1 Minimal Spillover Lighting located between the building and the south boundary
of Tract 2 shall be wall or ceiling mounted fixtures located no more than twelve
feet (12') above grade. Such fixtures shall be directed so as to not allow direct
light to spill over the boundary of the property onto abutting residential lots.
9.2 Parking Lot Fixtures Light standards shall be metal poles no more than 25 feet in
height including the base with metal halide horizontal shielded lamp fixtures and
sharp cut off edges. Light from these fixtures shall be directed so as to not allow
direct light to spill over the boundary of the property onto abutting residential lots.
9.3 Site Plan The site plan submittal for the property shall include lighting
specifications and a photometric plan in compliance with this agreement.
10. Drainage Calculations.
Drainage calculations and construction details shall be provided with the site plan. The
Developer will submit drainage calculations and plans to the City showing improvements to the
drainage channel on the south side of Tract 2. These improvements will include regrading and
re- shaping the channel to be uniform trapezoidal or "V" shape. The channel will be hydro
mulched and seeded to re- establish vegetation along the bottom and sides of the channel.
11. Driveway Access.
Driveway access to Tract 2 shall be limited to one driveway onto Gattis School Road.
The location of this driveway shall be determined by the City Traffic Engineer when the Site
Development Plan is submitted.
12. Wastewater Service.
12.1 Force Main. Owner shall connect to gravity wastewater line constructed by
Owner of Tract 1. If a force main is required to make this connection Owner shall
install a grinder pump and force main for the sole purpose of serving Tract 2 and
extend the force main to the gravity line to be constructed by the owner of Tract
1. The Owner of Tract 2 shall maintain this pump and line. The City shall not be
responsible for maintaining this pump and line.
6
122 Easement Owner of Tract 2shall dedicate an easement across Tract 2 to benefit of
Tract 1 that allows for placement, access and future maintenance of the force
main.
13. Drive Through Window Regulations.
Drive - throughs are permitted with restrictions to location, hours of operation, and noise as
follows:
13.1 Location. The placement of the drive - through shall be restricted to the North,
East, or West sides of the building. Drive- through stacking may not occur on the
south side of any building.
13.2 Hours of Operation. The hours of operation for drive - through are limited to 7:00
AM to 9:00 PM.
13.3Noise. All speakers located the site shall not exceed 65dB, measured 3' from the
speaker.
14. Delivery Restrictions.
Delivery hours and trash pick -up shall be restricted to the hours of 6:00 AM to 10:00 PM
only. No deliveries or trash pick -up shall be permitted between the hours of 10:00 PM and 6:00
AM.
7
0
CATI1S SCHOOL RD O RED BUD LN
ROUND ROCC, TX
EXHIBIT C•1
ilWaegyreeied.
ICh Doacet & Associates, inc
MI tae Onv toad S. 111 Am* PI MJ16
hone: f&RI611600 Fax 5.9-26P1
0
GATHS SCHOOL RD 0 RED BUD LN
ROUND ROCK, TX
SITE PLAN
EXHIBIT C -2
s
trWa.Qg zeeira.
(COUNTY
ROAD 122)
Ctl a,cet & Associates, ins.
e¢Iex owes Road, fake NT : a WO
Phone (512) seewoo rx: ses %o1 xo,
GATBS SCHOOL RD 0 RED BUD IN
ROUND ROCK, TX
SECTION A•A
Ik Doucet & Associates, Inc.
51Z1 See C.. Road. Su.201 Aut. 17,
Phone : ($12] 1934.00 F. :511.601
LAWRENCE S.
LEVINSON, ALA.
NORTH. ELEVATION
Egips:==1 PAC
ill I TOI
=
EAST ELEVATION
WALGREENS DRUGSTORE
OATHS SCHOOL ROAD & RED BUD LANE
ROUND ROCK. TEXAS
22212.003 6 AWNS 2202
EXHIBIT C-4
SHE Puce REAL ESTATE DEVELOPMENT
vu.2..2.212.1a.
1.92 Acres
Gattis School Road
Walgreen's Property
Samuel Jenkins Survey
Abstract No. 347
EXHIBIT C -5
DESCRIPTION OF A TRACT OF LAND CONTAINING 1.92 ACRES OR 83,754 SQUARE
FEET OF LAND OUT OF THE SAMUEL JENKINS SURVEY, ABSTRACT NO. 347
BEING A PORTION OF THAT CERTAIN TRACT OF LAND CALLED TO CONTAIN
120.71 ACRES DESCRIBED IN A DEED TO MARY ELIZABETH BUCK VANCE OF
RECORD IN VOLUME 2302, PAGE 480, WILLIAMSON COUNTY, TEXAS. SAID 1.92
ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a '/2 inch steel reinforcing rod set for the southwest comer of the herein
described tract, said point being in the south line of said Vance Tract and the north line of
Morningside Meadows, Section One, a subdivision of record in Cabinet M, Slide 386, Plat
Records of Williamson County, Texas and from said point, for reference, a %z inch metal rod
found at the southwest comer of said 3.29 acre tract, same being the northwest comer of Lot 15
of said Momingside Meadows, Section One bears, North 89 °33'48" West 233.10 feet;
THENCE, crossing said Vance tract with the westerly line of the herein described tract, North
00 °23'07" East 232.29 feet to a `/a" steel reinforcing rod set, capped "Meenach 4335 ", for the
northwest comer of the herein described tract, same being in the north line of said Vance Tract,
same also being in the south right -of -way line of Gattis School Road (width varies);
THENCE, with the north lines of the herein described tract and said Vance Tract, same being
the south lines of said Gattis School Road, the following three (3) courses:
1) South 79 °22'13" East 121.02 feet to a' /: inch metal rod found;
2) South 84 °45' 12" East 125.31 feet to a '/z inch metal rod found;
3) South 89 °39'43" East 133.90 feet to the point of curvature transitioning between Gattis
School road and Red Bud Lane (formerly County Road No. 122, width varies);
THENCE, with said curve, to the right, having a radius of 25.00 feet, a central angle of
89 °57'01" an arc length of 39.25 feet, the chord of which bears South 44 °33'56" East 35.34
feet to a %" steel reinforcing rod set, capped "Meenach 4335" in the east line of the herein
described tract and said Vance Tract, same being in the west line of said Red Bud Lane;
THENCE, with the east line of the herein described tract and said Vance Tract, same being the
west line of said Red Bud Lane, South 00°29'18" West 175.61 feet to a'' /Z" steel reinforcing rod
set, capped "Meenach 4335 ", for the southeast corner of the herein described tract, and said
Vance Tract, same being the northeast comer of Lot 28 as shown on said Morningside
Meadows, Section One;
Page 1 of 2
THENCE, with the south line of the herein described tract and said Vance Tract, same being the
North line of said Morningside Meadows, Section One, North 89 °33'48" West, at 327.98 feet
passing a'' /x inch metal rod found for the northwest comer of Lot 17 and the northeast comer of
Lot 16 both of said Morningside Meadows, Section One, in all a total distance of 402.50 feet to
the POINT OF BEGINNING containing 1.92 acres within these metes and bounds as
surveyed by Doucet & Associates in July of 2002.
Dennis Meenach, R.P.L.S. No. 4335
C:\My DocumentsVxgal Descriptions \Gattis \Gattis School Road,doc
Page 2 of 2
Date
1.37 Acres
Gattis School Road
Walgreen's Property
Samuel Jenkins Survey
Abstract No. 347
EXHIBIT C -6
DESCRIPTION OF A TRACT OF LAND CONTAINING 1.37 ACRES OF LAND OUT OF
THE SAMUEL JENKINS SURVEY, ABSTRACT NO. 347, BEING A PORTION OF THAT
CERTAIN TRACT OF LAND CALLED TO CONTAIN 120.71 ACRES DESCRIBED IN A
DEED TO MARY ELIZABETH BUCK VANCE OF RECORD IN VOLUME 2302, PAGE
480, WILLIAMSON COUNTY, TEXAS. SAID 1.37 ACRES BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a %z inch metal rod found for the southwest corner of the herein described
tract, same being the northwest comer of Lot 15 of Momingside Meadows, Section One, a
subdivision of record in Cabinet M, Slide 386, Plat Records of Williamson County, Texas
THENCE, with the westerly line of the herein described tract, North 00 °28'01" West 274.98
feet to a %x" steel reinforcing rod found, for the northwest corner of the herein described tract,
same being in the north line of said Vance Tract, same also being in the south right -of -way line
of Gattis School Road (width varies);
THENCE, with the north lines of the herein described tract and said Vance Tract, same being
the south lines of said Gattis School Road, South 79 °22' 13" East 241.03 feet to a Yz inch metal
rod found;
THENCE, leaving said Gattis School Road, with the east line of the herein described tract and
crossing said Vance Tract, South 00 °23'07" West 232.29 feet to a' 4" steel reinforcing rod set,
capped "Meenach 4335 ", for the southeast comer of the herein described tract;
THENCE, with the south line of the herein described tract, same being the North line of said
Momingside Meadows, Section One, North 89 °33'48" West, at 233.10 feet to the POINT OF
BEGINNING containing 1.37 acres within these metes and bounds as surveyed by Doucet &
Associates in July of 2002.
1
Dennis Meenach, RP.L.S. No. 4335
C:\My Documents\Legal Descriptions \ Gattis \Gattis School Road.doc
Page 1 of 1
Date
DATE: November 27, 2002
SUBJECT: City Council Meeting — December 5, 2002
ITEM: 7.B.2. Consider an ordinance adopting original zoning of Planned Unit
Development (PUD) No. 58 on 3.29 acres of land, more or less,
out of the Samuel Jenkins Survey, Abstract No. 347, in
Williamson County, Texas. (Walgreens Tract) (First Reading)
Resource: Joe Vining, Planning Director
History: Two separate public hearings were held, September 30, 2002 and November 6,
2002 for adopting of original zoning of District Planned Unit Development
(PUD) No. 58 for 3.29 acres of land. The proposed land use complies with the
adopted General Plan. On November 6, 2002, the Planning and Zoning
Commission recommend adoption of original zoning of Planned Unit
Development (PUD) of this tract of land.
Funding
Cost: N/A
Source of Funds: N/A
Outside Resources: Mary Elizabeth Buck Vance
Impact: Fire and police.
Benefit: Increase in commercial development and accompanied tax revenue, sales
tax and dedication of additional ROW for Gattis School Road.
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