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Z-05-05-26-11D1 - 5/26/2005 (2)111111111111111111111111111111111111111111111111111111111111 29 ° PGs THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK I, SHERRI MONROE, Assistant City Secretary of the City of Round Rock, Texas, do hereby certify that I am the custodian of the public records maintained by the City and that the above and foregoing is a true and correct copy of Ordinance No. Z- 05 -05- 26-11D1, which approves the rezoning of 19.31 acres from District PUD No. 37 and a portion of District PUD No. 36 to District PUD No. 62 (Provident Crossings). This ordinance was approved and adopted by the City Council of the City of Round Rock, Texas, on the 26th day of May, 2005. These minutes are recorded in the official City Council Minute Book No. 52. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 12th day of July 2005. 2005054082 MONROE, Assistant City Secretary THE STATE OF TEXAS § COUNTY OF WILLIAMSON § AGREEMENT AND DEVELOPMENT PLAN PROVIDENT CROSSINGS PUD PLANNED UNIT DEVELOPMENT NO. 62 THIS AGREEMENT AND DEVELOPMENT PLAN (this "Agreement ") is made and entered by and between the CITY OF ROUND ROCK, TEXAS, a Texas municipal corporation, having its offices at 221 East Main Street, Round Rock, Texas 78664 (hereinafter referred to as the "City"), and TODAY PRA HICKERSON, L.P., a Texas limited partnership, its successors and assigns, having their offices at 975 One Lincoln Centre, 5400 LBJ Freeway, Dallas, Texas, 75240; and RB -3 ASSOCIATES, a New York partnership, its successors and assigns, having their offices at 8441 Cooper Creek Boulevard University Park, Florida 34201; and THE BENDERSON 85 -1 TRUST, a New York Trust, its successors and assigns, having their offices at 8441 Cooper Creek Boulevard University Park, Florida 34201 (hereafter collectively referred to as the "Owners "). For purposes of this Agreement, the term Owners shall mean TODAY PRA HICKERSON, L.P., RB -3 ASSOCIATES, and THE BENDERSON 85 -1 TRUST, their respective successors and assigns; provided, however, upon sale, transfer or conveyance of portions of the hereinafter described property, the duties and obligations of the Owners, as it relates to the respective property, shall be assumed by the new owner, and the Owners shall have no further liability relating to their respective property. WHEREAS, the Owners are the owners of certain real property consisting of 19.31 acres, as more particularly described in Exhibit "A", (herein after referred to as the "Property ") attached hereto and made a part hereof. WHEREAS, The Owners have submitted a request to the City to rezone the Property as a Planned Unit Development (the "PUD "). WHEREAS, pursuant to Chapter 11, Section 314, Code of Ordinances (1995 Edition), City of Round Rock, Texas, the Owners have submitted a Development Plan setting forth, the development conditions and requirements within the PUD, which Development Plan is contained in Section II of this Agreement; and WHEREAS, the City has held two public hearings required by law to solicit input from all interested citizens and affected parties; and WHEREAS, on May 18, 2005, the City's Planning and Zoning Commission recommended approval of the Owners' application for a PUD; and WHEREAS, the City Council has reviewed the proposed Development Plan and determined that it promotes the health, safety, and general welfare of the citizens of Round Rock and that it complies with the intent of the Planned Unit Development Ordinance of the City; NOW THEREFORE BY THIS AGREEMENT WITNESSETH that, in consideration of the covenants and conditions set forth herein, the City and the Owners agree as follows: 3. ZONING VIOLATION 4. LIENHOLDER CONSENT I. GENERAL PROVISIONS 1. CONFORMITY WITH DEVELOPMENT PLAN That all uses and development within the Property shall conform to the Development Plan included in Section II herein. 2. CHANGES AND MODIFICATIONS No changes or modifications will be made to this Agreement or the Development Plan unless all provisions pertaining to changes or modifications as stated in Section II.16 below are followed. The Owners understand that any person, firm, corporation or other entity violating any conditions or terms of the Development Plan shall be subject to any and all penalties for the violation of any zoning ordinance provisions as stated in Section 1.601, Code of Ordinances, (1995 Edition), City of Round Rock, Texas, as amended. That the lien holder of record has consented to this Agreement and Development Plan, including any and all dedications to the public. Lien holder consent is attached hereto and incorporated herein as Exhibit `B ". 5. MISCELLANEOUS PROVISIONS 5.1 Assignment. Neither party may assign its rights and obligations under this Agreement without having first obtained the prior written consent of the other which consent shall not be unreasonably withheld. This section shall not prevent the Owners from selling or leasing the Property or portions of the Property, together with all development rights and obligations contained in this Agreement and Development Plan, and no consent shall be required in connection with such sale or lease provided the purchaser or tenant assumes Owners' obligations in writing as to such portions of the Property. 5.2 Necessary Documents and Actions. Each party agrees to execute and deliver all such other and further instruments and undertake such actions as are or may become necessary or convenient to effectuate the purposes and intent of this Agreement. 5.3 Severability. In case one or more provisions contained herein are deemed invalid, illegal or unenforceable in any respect such invalidity, Illegality or unenforceability shall not affect any other provisions hereof and in such event, this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 5.4 Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes any prior or contemporaneous oral or written understandings or representations of the parties respecting the subject matter hereof. 5.5 Applicable Law. This Agreement shall be construed under and in accordance with the laws of the State of Texas. 5.6 Venue. All obligations of the parties created hereunder are performable in Williamson County, Texas, and venue for any action arising hereunder shall be in Williamson County. 5.7 No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to confer upon any person or entity, other than the parties hereto (and their respective successors and assigns), any rights, benefits or remedies under or by reason of this Agreement. 5.8 Duplicate Originals. This Agreement may be executed in duplicate original, each of equal dignity. 5.9 Notices. Until changed by written notice thereof any notice required under this Agreement may be given to the respective parties, by certified mail, postage prepaid or by hand delivery to the address of the other party shown below: OWNERS CITY OF ROUND ROCK TODAY PRA HICKERSON, L.P. 975 One Lincoln Centre 5400 LBJ Freeway Dallas, Texas 75240 Attn: Leon J. Backes RB -3 ASSOCIATES, A NEW YORK PARTNERSHIP 8441 Cooper Creek Boulevard University Park, Florida 34201 THE BENDERSON 85 -1 TRUST, A NEW YORK TRUST 8441 Cooper Creek Boulevard University Park, Florida 34201 5.10 Effective Date. City of Round Rock, Texas 221 East Main Street Round Rock, Texas 78664 Attn: Director of Planning This Agreement shall be effective from and after the date of due execution hereof by all parties. 5.11 Appeal of Administrative Decisions. Administrative decisions provided for in this Agreement may be appealed to the City Council in writing within 90 days following receipt by the Owners of the written confirmation of the decision. 5.12 Binding Effect. This Agreement and the Development Plan binds and benefits the Owners and its successors and assigns. 5.13 Termination of previous PUDs. This Agreement and Development Plan supersedes the Agreements and Development Plans adopted by Ordinances Z- 99- 03- 25 -9C1 and Z- 99- 03- 25 -9C2 as they apply to the Property described in Exhibit "A" of this agreement. 1. DEFINITIONS Words and terms used herein shall have their usual force and meaning, or as defined in the Code of Ordinances (1995 Edition) as amended, City of Round Rock, Texas, hereinafter referred to as the Code" 2. PROPERTY This Development Plan (hereinafter referred to as 'Plan ") covers approximately 19.31 acres of land, located within the city limits of Round Rock, Texas, and more particularly described by metes and bounds in Exhibit "A ". 3. PURPOSE I1. DEVELOPMENT PLAN The purpose of this Plan is to ensure a PUD that 1) is equal to or superior to development that would occur under the standard ordinance requirements, 2) is in harmony with the General Plan, as amended, 3) does not have an undue adverse affect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and welfare, 4) is adequately provisioned by essential public facilities and services, and 5) will be developed and maintained so as not to 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. If there is a conflict between this Agreement and Plan and the Code this Agreement and Plan shall supersede the specific conflicting provisions 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 following principal uses are permitted: All C -1 (General Commercial) uses identified in the City of Round Rock Zoning Ordinance except for uses listed in Paragraph 6, below. 6. PROHIBITED USES The following uses are prohibited on the Property: self- standing wireless transmission towers and facilities, mini - warehouses, flea markets, sexually oriented businesses, portable buildings sales, except as incidental to other retail sales, outdoor amusement parks or carnivals, wholesale nurseries, recreational vehicle parks, outdoor shooting ranges, pawn shops, heavy equipment sales, kennels (but not prohibiting pet shops and veterinary clinics without overnight facilities), R.V., boat or vehicle sales, auto service facilities, auto repair, body and paint shops (but not excluding gasoline or convenience stations, which do not provide auto repairs, or auto retail service facilities selling parts or accessories, including tires, batteries, or mufflers and including installation on premises, such as Discount Tire and National Tire & Battery), truck stops, wrecking yards, bulk distribution centers, campgrounds, tattoo parlors, donation centers, video arcades (but not prohibiting video games as an ancillary use), bars and taverns (provided, however, that this does not prohibit any restaurant uses), fast food restaurants that use a microphone and speaker system to place orders from the drive thru area, and billiard parlors (but not prohibiting billiards as an ancillary use). 7. DESIGN STANDARDS 7.1 Prohibited Materials The following materials are prohibited on the exterior walls and roofs of all buildings and structures: • Asbestos • Mirrored Glass (reflectivity of 20% or more) • Corrugated metal • Unfinished sheet metal, except for trim or minor decorative features 7.2 Primary Shopping Center Buildings The following development standards apply to the primary shopping center buildings. The definition of primary shopping center buildings for the purpose of this section shall be all buildings that contain more than 10,000 square feet of gross floor area (heated and air conditioned space) or such smaller buildings, which are physically attached to such a building. 7.2.1 The front and side elevations shall be 100 percent masonry, except for doors, windows, roofs, patios, balconies, awnings, gutters, special decorative features and trim. Masonry shall mean brick, stone, stucco or such other similar quality material approved in writing by the Director of Planning. Stucco shall not comprise more than fifty (50) percent of this exterior finish. All other elevations shall be constructed of brick, stone, stucco, split face concrete block or concrete tilt wall, or such other similar quality material approved in writing by the Director of Planning. 7.2.2 Primary shopping center buildings shall be permitted flat roofs only when the building contains segments with pitched roof lines that are part of an overall architectural design approved by the Director of Planning. Roofing materials for pitched roof sections shall be limited to tile or pre - finished, non - reflective metal or such other similar quality material approved in writing by the Director of Planning. 7.3 Buildings Other Than Primary Shopping Center Buildings The following development standards apply to all buildings not defined as primary shopping center buildings in Section 7.2 above. 7.3.1 All building elevations shall be 100 percent masonry except for doors, windows, roofs, patios, balconies, awnings, gutters, special decorative features and trim. Masonry shall mean brick, stone or stucco or such other similar quality material approved in writing by the Director of Planning. Stucco shall not comprise more than fifty (50) percent of this exterior finish. 7.3.2 All buildings shall be permitted flat roofs only when the building contains segments with pitched roof lines that are part of an overall architectural design approved by the Director of Planning. Roofing materials for pitched roof sections shall be limited to tile or pre - finished, non - reflective metal or such other similar quality material approved in writing by the Director of Planning. 8. DEVELOPMENT STANDARDS 8.1 Building Height Building heights shall be as follows: 8.1.1 All buildings 100 feet to 150 feet from any single - family residential property line shall be limited to one (1) story and no more than twenty (20) feet. 8.1.2 All buildings 150 feet to 200 feet from any single - family residential property line shall be Limited to two (2) stories and no more than thirty (30) feet. 8.1.3 All buildings at least 200 feet from any single - family residential property line shall be limited to three (3) stories and no more than forty -five (45) feet. 8.1.4 The height limits prescribed herein shall not apply to necessary mechanical appurtenances or design features located upon any building. 8.2 Building Setbacks Building setbacks shall be as follows: 8.2.1 Minimum building setbacks from A.W. Grimes Boulevard and Gattis School Road shall be thirty (30) feet. 8.2.2 Minimum building setbacks from all internal lot lines shall be ten (10) feet, except that common walls shall not be required to have a setback 8.2.3 The minimum building setback from the western boundary of the Property shall be twenty-five (25) feet for a distance of 320 feet south from the northwest corner of the Property. The minimum building setback along the remainder of the western boundary of the Property shall be 100 feet. 8.2.4 The minimum building setback from the southern boundary of the Property shall be twenty-five (25) feet. 8.3 Density The minimum lot size shall be one -half (1/2) acre. 9. SERVICE Sr LOADING AREAS 9.1 Screening Required No dock high loading area is permitted unless such area is visually screened from public streets. 9.2 Delivery Vehicles All delivery and utility vehicles parked on -site (other than when being actively loaded or unloaded) shall be parked within an area visually screened from public streets. No deliveries by vehicles with six or more wheels shall be permitted between the hours of midnight and 7:00 a.m. 9.3 Service Areas Service areas shall be visually screened from all public rights-of--way. Methods of screening include walled entrances, evergreen landscaping and depressed service areas. 9.4 Loading Areas All loading and service areas must be clearly signed. Loading spaces must be clearly denoted on the pavement and designed so as not to prohibit on -site vehicular circulation when occupied. Loading spaces shall be located directly in front of or adjacent to a loading door. Loading areas must be designed to accommodate backing and maneuvering on- site, not from a public street. Regardless of orientation, loading doors may not be located closer than fifty (50) feet from a public street. This provision does not prevent the location of doors that provide common entry to a building from being used for minor deliveries and courier service by vehicles with six or less wheels. 9.5 Trash Storage Refuse storage enclosures are required for all buildings. Enclosures must be of sufficient height to visually screen all refuse containers, so as to provide visual screening of views from adjacent lots and public rights -of -way. All enclosures must be constructed of permanent materials (concrete, masonry, split face block, etc.), which are compatible with the building it serves. Refuse storage areas must be designed to contain all refuse generated on -site between collections. Gates shall be required only if required to achieve the needed visual screening. 9.6 Street Level Mechanical Equipment All ground- mounted service equipment (e.g., air conditioners, transformers, trash collection equipment) related to each building shall be visually screened and landscaped. Large equipment shall be visually screened and landscaping shall be used to soften the visual appearance of the walls enclosing service areas. Service areas must be paved and drained. 9.7 Roof Mounted Mechanical Equipment All roof mounted mechanical equipment must be visually screened from view from the public streets from a height of five (5) feet above grade measured at the lot line of the site on which the building is located. Screening must be compatible with the building design. 10. LIGHTING STANDARDS All development within the Property shall be restricted to the following standards: 10.1 Light poles within 150 feet of any single - family residential property line shall not exceed twenty (20) feet in height. 10.2 Light poles on the remainder of the Property shall not exceed thirty (30) feet in height 10.3 All exterior lighting shall be hooded or shielded so that light is directed downward to minimize excessive glare and sky glow pollution. 11. LANDSCAPING AND BUFFERING 11.1 Landscape and Sidewalk Easement A twenty (20) foot wide landscape easement shall be provided adjacent to the public utility easement along A. W. Grimes Boulevard and Gattis School Road. All areas located within these easements shall be used solely for the purpose of landscaping and sidewalks, except for driveways crossing the easement, lighting, monument signs, irrigation, entry features, underground utilities, meters, utility structures and equipment required to provide utilities to the Property. Surface drainage swales may be placed within these easements, provided they are approved by the Director of Planning as part of a comprehensive landscape plan. Drainage, detention and water quality structures are prohibited in these easements. Landscaping within these easements shall be credited against street yard landscape requirements. 11.2 Street Trees Street trees shall be planted within the landscape easement adjacent to all public streets in accordance with the following criteria: 11.2.1 Spacing of and size of trees shall meet the following criteria: • Street trees along A. W. Grimes Boulevard and Gattis School Road shall be large size tree species with a minimum caliper size of three and one half (3.5) inches and shall be spaced no more than forty (40) feet apart. • Tree species size shall be in accordance with the City of Round Rock Tree Technical Manual: Standards and Specifications (Tree Technical Manual). 11.2.2 Caliper size, height, measurement and other specifications shall be as specified in the Tree Technical Manual. 11.2.3 Street trees shall be planted to avoid interference with streetlights, signage and other fixtures. 11.2.4 Street trees shall be planted at least eight (8) feet from edge of driveways. 11.2.5 Street trees shall be planted no less than eight (8) feet from the back of curb along A. W. Grimes Boulevard and Gattis School Road. 11.2.6 Street trees shall be planted on a lot -by -lot basis. Each lot in the Property shall have the required street trees and the associated irrigation system inspected for compliance with this Section prior to the issuance of the first Certificate of Occupancy for any development within the lot. 11.2.7 A Property Owners Association (POA) shall be established, funded and assigned the responsibility for ongoing maintenance, repair and replacement of both street trees and irrigation. Irrigation shall be paid for by the POA. 11.3 Rights of Way Areas within the public street right -of -way must be landscaped and irrigated only in accordance with a license agreement with the City. 11.4 Open Space All parcels for which a building permit and a Certificate of Occupancy have been issued and which do not contain buildings, structures, parking lots, sidewalks, fountains, site furniture or other improvements, including, but not limited to, front, side and rear building set back areas, and all areas between the curb line and the property line, must be planted and landscaped. All such landscaped areas not planted in groundcover or shrub beds will be planted in grasses, preferably sod. Over seeding in fall with cool season native grasses is allowed. All plantings shall be maintained in good condition. The landscape planting must provide for easy maintenance. Utility easements shall be landscaped consistent with other landscape areas where allowed by the respective utility company. 11.5 Parking Areas In all vehicular use areas and parking areas, landscaped medians shall be provided along primary access drives, as determined by the Director of Planning. Additional landscape medians shall be provided for every eight (8) single rows of parking. All landscape medians shall be a minimum of ten (10) feet in width and trees shall be planted in accordance with the same specifications established for street trees in this Section unless otherwise approved by the Director of Planning. Caliper size, height, measurement and other specifications shall be as specified in the Tree Technical Manual. 11.6 Planting Plan The Owners shall submit a planting plan for parking lot and other on -site landscaping with the submittal of construction plans for each phase of development. 11.7 Western Boundary Landscape Buffer Requirements A fifty (50) foot landscape buffer shall be provided along the western boundary of the Property, beginning 320 feet south of the northwest corner of the Property, in accordance with the following standards. 11.7.1 The landscape buffer shall include a precast concrete panelized fence with a brick or stone design eight (8) feet tall, which shall be located on the western boundary of the Property commencing on the southwest corner of the Property and continuing to the north to a point one hundred and sixty (160) feet south of the northwest corner of the Property. The construction of the entire fence shall be completed within sixty (60) days of the issuance of any new building permit within the Property. 11.7.2 The westernmost thirty (30) feet of the fifty (50) foot landscape buffer shall remain solely for the purpose of landscaping. 11.7.3 All planting within the landscape buffer shall create a continuous solid screen, consisting of trees and shrubs. The minimum quantity of landscaping shall be determined by the following requirements: 13. DRIVEWAY ACCESS • One large tree per fifty (50) linear feet (75 % of selected material shall be of an evergreen species) • One medium size tree per thirty (30) linear fee (75% of selected material shall be of an evergreen species) • One small tree per fifteen (15) linear feet (75% of selected material shall be of an evergreen species) • One large shrub per four (4) linear feet. 11.7.4 The Director of Planning shall review the landscaping, elevations and abutting uses to ensure that the required visual screen is provided. 12. UNDERGROUND UTILITY SERVICE Except where approved in writing by the City Engineer, all electrical, telephone and cablevision distribution and service lines, other than overhead lines that are three phase or larger, shall be placed underground. All transformers shall be visually screened. Driveway access shall be permitted in accordance the following criteria, as illustrated in Exhibit "C ": 13.1 The Property shall be permitted two driveways onto Gattis School Road. The most westerly driveway shall be located at the proposed median cut across from East Rock Cove. The easterly access shall be located 15. SIGNS approximately 300 feet east of the western boundary of the Property. 13.2 The Property shall also have five (5) driveways onto A.W. Grimes Boulevard to be located as follows: 13.2.1 The most northerly driveway shall be located approximately 300 feet south of the intersection of A.W. Grimes and Gattis School Road. 13.2.2 The second driveway shall be located at the northernmost existing median cut in A.W. Grimes south of Gattis School Road. 13.2.3 The third driveway shall be located at the median cut in A.W. Grimes Boulevard across from Town Centre Drive. 13.2.4 The fourth and fifth driveways shall be located a minimum of 200 feet from the driveway described in 14.2.3 and shall have a minimum separation of two hundred (200) feet from each other. 14. DRIVEWAY THROAT LENGTH All driveways that access A.W. Grimes Boulevard or Gattis School Road shall provide a minimum driveway throat of 100 feet. No parking spaces or internal access drives shall intersect with access driveways within this 100 -foot throat. Throat length shall be measured from the property line along the street right -of -way. 15.1 All freestanding signs shall be restricted to monument signs, as defined in the Code. 15.2 Freestanding monument signs shall not exceed six (6) feet in height. 15.3 One freestanding monument sign shall be permitted for lots of less than three (3) acres in size. The maximum area of masonry monument signs, defined as the area contained within a polygon containing the actual lettering and any logo, shall be fifty (50) square feet on each side of the sign. The portions of a masonry structure on which the sign is located shall not be counted as part of the fifty (50) square feet provided they are not contained within the polygon. The maximum area of all other signs shall be regulated by the Code. 15.4 More than one freestanding monument sign for lots of three (3) acres or larger shall be permitted in accordance with the regulations contained in the Code. However, each sign permitted shall be sized in accordance with Section 15.3 above. 15.5 Monument signs shall not be located so as to, in the reasonable opinion of the City Traffic Engineer, adversely restrict the vision of drivers entering or leaving the Property. 15.6 Directional signs solely for the purpose of directing traffic or identifying building numbers shall be permitted provided they are restricted to a size required by their function as determined by the Director of Planning. 16. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN 16.1 Minor Changes Minor changes to this Agreement or Plan, which do not substantially and adversely change this Plan, may be approved administratively, if approved in writing, by the City Engineer, the Director of Planning and the City Attorney. 16.2 Major Changes All changes not permitted under Section 16.1 above, shall be resubmitted following the same procedure required by the original PUD application. 17. GENERAL PLAN 2000 This Agreement amends the Round Rock General Plan 2000, which was adopted on June 10, 1999. TODAY PRA HICKERSON, LP By: Gattis School Partners, L. P. Its sole general partner By: PRA General Partner, Inc. Its sole general partner RB -3 ASSOCIATES, a New York Partnership By: Date: A Randall Benderson, Partner THE BENDERSON 85 -1 TRUST, a New York Trust By: David H. Baldauf, Trustee Date: CITY OF ROUND ROCK, TEXAS yle Maxw 1, Mayor B ( /f TU,4 ttYli d • v ' 0-Ati4 2 - Christine Martinez, City Secretary By: Leon J. Backes, President Date: RB -3 ASSOCI S, a New York Partnership B:� a� Y Randall Benderson, Partner Date: - (e/zz/.S THE BENDERSON 85 -1 TRUST, a New York Trust ATTEST: David H. Baldauf, Trustee Date; 4 ./ �� / °y CITY OF ROUND ROCK, TEXAS By: Nyle Maxwell, Mayor Iiy: Christine Martinez, City Secretary LIST OF EXHIBITS EXHIBIT DESCRIPTION Exhibit "A" Property Metes and Bounds Description Exhibit "B" Lien Holder Consent Exhibit "C" Driveway Access EXHIBIT A PROPERTY DESCRIPTION 19.31 Acres ASA Thomas Survey A-609 Williamson County, Texas Page 1 of 4 FN 2825 (MLQ) March 10, 2003 SAM, Inc. Job No. 23060 -20 DESCRIPTION OF A 19.31 ACRE TRACT OF LAND LOCATED . IN THE ASA THOMAS SURVEY, ABSTRACT NO. 609, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF A CALLED 20.356 ACRE TRACT OF LAND (TRACT 2) DESCRIBED IN THE DEED TO TODAY PRA HICKERSON, L.P., AS RECORDED IN DOCUMENT NO. 2000049743 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AND A CALLED 1.90 ACRE TRACT OF LAND CONVEYED IN THE DEED TO RB -3 .ASSOCIATES, A NEW YORK GENERAL PARTNERSHIP AS RECORDED IN DOCUMENT NO. 2002073317 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 19.31 ACRE TRACT OF LAND AS SHOWN ON THE ACCOMPANYING SKETCH, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2 -inch iron rod with a SAM, Inc. plastic cap found in the south Right -of -Way (ROW) line of Gattis School Road (a varying width ROW), same being in the east line of a called 4.7956 acre tract of land described in the deed to Glace Presbyterian Church, as recorded in Document No. 199940052 of the Official Records of Williamson County, Texas, for the southwest corner of a called 0.74 acre tract of land dedicated to the City of Round Rock for ROW and recorded in Document No. 2002054922 of the Official Public Records of Williamson County, Texas, same being the northwest comer of said remainder of a called 20.356 acre tract and the tract described herein, from which a 1/2 -inch iron rod found for the northeast comer of said 4.7956 acre tract bears, N 19° 44' 42" W, a distance of 50.53 feet; THENCE leaving said east line with said south ROW line, same being the north lines of said remainder tract and said 1.90 acre tract the following five (5) courses and distances: 1. with the are of a curve to the left a distance of 35.93 feet through a central angle 01 01° 25' 31 ", having a radius of 1444.39 feet, and whose chord bears N 89° 01' 18" E, a distance of 35.93 feet to a concrete monument found for a point of tangency, 2. N 88° 18' 34" E, passing a distance of 278.84 feet a 1/2 -inch iron rod with a SAM, Inc. plastic cap found for the north common comer of said 1.90 acre tract and said remainder tract for a total distance of 424.28 feet to a concrete monument found, 3. S 60° 46' 25" E, a distance of 63.30 feet to a concrete monument found, 4. S 47 03' 57" E, a distance of 50.00 feet to a concrete monument found, and 5. S 33° 21' 29" E, a distance of 6330 feet to a concrete monument found in the east line of said 1.90 acre tract, same being the west ROW line of A.W. Grimes Boulevard (120 -foot wide ROW) as described in Document No. 2001038661 of the Official Public Records of Williamson County, Texas, for the southeast corner of said 0.74 acre tract, same being a northeast corner of said 1.90 acre tract and the tract described herein, from which a concrete monument found in said west ROW line for a northeast comer of said 0.74 acre tract bears, N 02° 26' 27" W, a distance of 121.10 feet; 19.31 Acres ASA Thomas Survey A-609 Williamson County, Texas THENCE leaving said common line with the east lines of said remainder tract and said 1.90 acre tract, same being said west ROW line the following four (4) courses and distances: 1. S 02° 26' 27" E, a distance of 89.77 feet to a concrete monument found for a point of curvature, from which a concrete monument found in the east ROW line of said A.W. Grimes Boulevard bears, N 87° 33' 33" E, a distance of 120.00 feet, 2. with the arc of a curve to the left passing at a distance of 95.49 feet a 1/2 -inch iron rod with a SAM, Inc. plastic cap found for the east common corner of said 1.90 acre tract and said remainder tract, continuing for a total distance of 655.47 feet through a central angle of 17° 31' 15 ", having a radius of 2143.48 feet, and whose chord bears, S 11° 12' 05" E, a distance of 652.92 feet to a concrete monument found, 3. S 19° 57' 42" E, a distance 01 288.04 feet to a concrete monument found for a point of curvature, and 4. with the arc of a curve to the left a distance of 58320 feet through a central angle of 35° 29' 31 ", having a radius of 941.47 feet, and whose chord bears S 37° 42' 28" E, a distance of 573.92 feet to a 1/2 -inch iron rod found for the north corner of the remainder of a called 33.509 acre tract of land described in the deed to Dell Computer Holdings, L.P., as recorded in Document No. 1999971259 of the Official Public Records of Williamson County, Texas, same being the southeast corner of said remainder tract, and the tract described herein, from which a concrete monument found for a point of tangency in said west ROW line bears with the arc of a curve to the left a distance of 505.05 feet, through a central angle of 30° 44' 09 ", having a radius of 941.47 feet, and a chord which bears, S 70° 49' 18" E, a distance of 499.01 feet; THENCE leaving said common line and with the common line of said 33.509 acre tract, and said remainder tract, S 50° 45' 49" W, a distance of 605.92 feet to a 1/2 -inch iron rod found in the east line of Windy Park Section Two- Revised, a subdivision of record in Cabinet 1, Slide 232 of the Plat Records of Williamson County, Texas, for the northwest comer of said 33.509 acre tract, same being the southwest comer of said remainder pact and the tract described herein, from which a 1t2 -inch iron rod found for the southwest corner of said 33.509 acre tract bears, 5 19° 44' 42" E, a distance of 640.36 feet; Page 2 of 4 FN 2825 (MLQ) March 10, 2003 SAM, Inc. Job No. 23060 -20 19.31 Acres ASA Thomas Survey A-609 Williamson County, Texas THENCE with the west line of said 20.356 acre tract, and the east lines of said Windy Park, a called 1.301 acre tract, conveyed in the deed to Robert Espinoza, et. al. as recorded in Document No. 2000014735 of the Official Public Records of Williamson County, Texas, a called 2.7412 acre tract conveyed to Joseph V. Gregor and spouse, Judith E. Gregor as recorded in Volume 2516, Page 853, of the Official Records of Williamson County, Texas, a called 2.00 acre tract conveyed to The Kent Revocable Trust as recorded in Document No. 9721630 of the Official Records of Williamson County, Texas, a called 4.21 acre tract conveyed to The Kent Revocable Trust as recorded in Document No. 9721630 of the Official Records of Williamson County, Texas, and said 4.7956 acre tract, N 19° 44' 42" W, a distance of 2064.28 feet (called N 17° 56' W in Document No. 2000049743 of the Official Public Records of Williamson County, Texas) to the POINT OF BEGINNING, and containing 19.31 acres of land, more or less. This is not a boundary survey and is meant for exhibit purposes only. Bearing Basis: Bearings are based on the Texas State Plane Coordinate System, NAD 83, Central Zone and adjusted to surface using a surface adjustment factor of 1.00012, as provided by Doug Anderson, RPLS, Survcou, Inc. THE STATE OF TEXAS COUNTY OF TRAVIS SURVEYING AND MAPPING, Inc. 5508 West Highway 290, Building B Austin, Texas 78735 KNOW ALL MEN BY THESE PRESENTS: Page 3 of 4 FN 2825 (MLQ) March 10, 2003 SAM, Inc. lob No. 23060 -20 That I, Paul L. Easley, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground during January 2003 under my direction and supervision. WITNESS MY HAND AND SEAL at Austin, Travis County,. Texas this the l lth day of 2003 A.D. aul L. Easley Registered Professional Land Sury yor No. 4432 - State of Texas 11 S60'46'25 "E 63.30' 12 S47'03'57'1 50.00' 13 533'21'29"E 63.30' CALLED 1.9 0 A0. 153-3 ASSOCIATES. A NEN KM GENERAL PARSWICTIP 000. 9 2002073317 aP.R .0.nC 70 7140 0.74 ROUND n° 00C. / 2002054922 OP.RWC7K N19'L4'47'W 59.9i' P.0.B CAUE0 4.7956 AC GRACE PRESBYTERIAN OWRCN am. / /9994400052 SAL E0 4,21 AC. THE RENT REVOCABLE MOST 00109 W.C.TK PAUL L. EASLEY REGISTERED PROFESSIONAL LAND SUR NO. 4432 - STATE OF TEXAS C1 N6818'34'E 6-2143.46 1. 95.49' 19.31 ACRES I0 W i 16 19 17 19 y r. Cl11fDy. £ sss v01. F _r 0 i.70 . �Et Cµ A1- Rc11 1 � 1 2 1: .735 0 0 . 11L LEGEND • CONCRETE MONUMENT FOUND • 1/2' IL011 ROD FOUND O 1/2' /RCN R00 W/SAM INC. PLASTIC CAP FOUND • CALCULATED POINT ( ) RECORD INFORMATION MOCK A ROW RICNT -OF -WAY P.0.8. POINT OF BEWARING D.R.W.C.TO. DEED RECORDS 99WAMSON COUNTY, TEXAS P.R.W.C.Ts. PLAT REC0R0S WILLIAMSON COUNTY, TEXAS O.R.W.C.TO. OFFICIAL RECORDS WIWABA50N COUNTY, TEXAS 0.P.FLW.C,Tx. OFFICIAL PUBUC RECORDS WIWAMSON COUNTY, TEXAS BEARING BASIS BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAO 83, CENTRAL ZONE AND ADJUSTED TO SURFACE USING A SURFACE ADJUSTMENT FACTOR OF 1,00012, AS PROVIDED BY 000G ANDERSON. RPLS, SURVCON. INC. 1 HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION ANO THAT THIS PLAT 15 TRUE AND CORRECT TO THE BEST OF IA %LED00 AND BEUEF. 424.28' GATTIS SCHOOL ROAD (R,0.1T. WIDTH VARIES) BLOCS C mar RANK SEG110H 2, 8.. 32 C ta 50226'27'E 89.77' ■ 03/11/03 DATE EGOS WEST HIGHWAY 290 EIIIWNC 0 AUSTIN UM" 75719 (Sltl 447-0576 F5c (5127 120-5059 EOM,. SAHOSAIGNCAUS.COH N577533'0 12000' 4� too � 1 C G8M'HIC scAl�" A.W. GRIMES BOULEVARD OOC. 2002038662 &oar . ora (120 -� SCAB: I' -sod ear 11111.01 2103 ASA THOMAS RIMY A401 WILIA16014 CO@IIY, IW [As CI 02 p =01'25'31" - 7444 39' R=1444.39' R -2143, 1 =35.93' T =17.97' T =330,31' CB =N89'011O'E 03.S1112'05 "E C= 35.93' C 1.65292' C3 A =3579'31' R =941.47' T =301.30' L =583.20' 08 =537'42'28'7 C- 573.92" C4 d■30'44'09' R =941.47 7- 250.76' 1- 505.05 C9 =S70'49'16'E C 499.01' Wnl w REHAWOER OF A CALLED 33,909 AC. CELL 001277109110.09109. LP. 90C F 1999171259 0.PJ111C1Y RECORDERS MEMORAND All or parts of the text on this page was nL learLyiegibleforidliflotory Tea9Td PAGE 4 OF 4 F1ELNOTE N0. 2825 FIELD NOTE SKETCH NO. 2825 ATTEST: STATE OF TEXAS COUNTY OF �r 4 SON § EXHIBIT B LIEN HOLDER CONSENT THE STATE OF TEXAS § § COUNTY OF WIL }u–A5 SON § f I I � J (x A That ,a �l C+Q Q kIL / i0. r . acting herein by and through its duly authorized officers, being the holder of a lien as evidenced by Deed of Trust recorded in Document No. .200 30 3 the Official Records of Williamson County, Texas, does hereby consent to the Agreement and Development Plan of 19.31 acres of land situated in Round Rock, Williamson County, Texas, and does further hereby join, approve and consent to all provisions shown therein. -r s • , fa. / gax,k A./'4 By: Z ® agar/ Name: h) K . X Title: k— Re TERASA D. BANKS Notary Public, Stale of Texas My Commission Expires Moy OIL 200$ This instrument was acknowledged fo day e on the da of T11 L 2005 by VJ/ J TRK 1 ('�lt 17�Dr of a/ A-A 8Td , on behalf of said NlL No Public, State ta of Texas Commission Expires: OC - C)9 EXHIBIT C DRIVEWAY ACCESS WiErda trnota OmVEMAYS Round Rock Eosl Section 1 W Collis School Rood t r Drug Store Cc PUD 36 (Amended) ool 101., v ow* Windy Park Section 2 Revised South MC c reek Section 19 a RondollsTown Centre Section 1 0 150 MC Median Cut CC Curb Cut 300 Legend 600 SCALE: 1" = 300' Provident Realty Advisors PUD No. 36 Amended Driveway Access Exhibit C J r JONES &CARTER,11i � ENGINEERS•PLANNERS•SURVEYORS 805 Las Cimas Parkway, Suite 230 Austin. Texas 78746-5493 (512)441-9493 E.hibit C I Job No. A023 -015 1 oat. DATE FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2005054082 E 02:36 PM DVITEK $70.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS PI case, re_GDr OITY OF ROUND ROCK (Yi A DMINISTRATION 221 EAST MAIN STREET ROUND ROCK. TEXAS 7B66 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 19.31 ACRES OF LAND, OUT OF THE ASA THOMAS SURVEY, ABSTRACT NO. 609, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT PUD NO. 37 (PLANNED UNIT DEVELOPMENT) AND A PORTION OF DISTRICT PUD NO. 36 (PLANNED UNIT DEVELOPMENT) TO DISTRICT PUD NO. 62 (PLANNED UNIT DEVELOPMENT). WHEREAS, an application has been made to the City Council of the City of Round Rock, Texas to amend the Official Zoning Map to rezone 19.31 acres of land, out of the ASA Thomas Survey, Abstract No. 609, in Round Rock, Williamson County, Texas, being more fully described in Exhibit "A" attached hereto, from District PUD No. 37 (Planned Unit Development) and a portion of District PUD No. 36 (Planned Unit Development) to District PUD No. 62 (Planned Unit Development), 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 18th day of May 2005, 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 property @PFDesktop \::OD14A/ WORLDOX/ 0: /WDO% /ORDINANC /050526171.WPD/sc ORDINANCE NO. - Q J Q� 1 (D' described in Exhibit "A" be zoned District PUD No. 62 (Planned Unit Development), and WHEREAS, on the 26th day of May, 2005, 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 and Section 11.400, 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 Official Zoning Map adopted in Section 11.401(2)(a), Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended so that the zoning classification of the property described in Exhibit "A" is hereafter designated as District PUD No. 62 (Planned Unit Development). II. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. 2. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. 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 C9W day of Pn (IL/ , 2005. Alternative 2. READ and APPROVED on first reading this the day of , 2005. READ, APPROVED and ADOPTED on second reading this the day of , 2005. Cit S T: 8111,12) '. IQ,2ton4 CHRISTINE R. MARTINEZ, City Secreda r y 3. WEL , ' or of Round Rock, Texas 19.31 Acres ASA Thomas Survey A -609 Williamson County, Texas EXHIBIT DESCRIPTION OF A 19.31 ACRE TRACT OF LAND LOCATED IN THE ASA THOMAS SURVEY, ABSTRACT NO. 609, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF A CALLED 20.356 ACRE TRACT OF LAND (TRACT 2) DESCRIBED IN THE DEED TO TODAY PRA HICKERSON, L.P., AS RECORDED IN DOCUMENT NO. 2000049743 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AND A CALLED 1.90 ACRE TRACT OF LAND CONVEYED IN THE DEED TO RB -3 ASSOCIATES, A NEW YORK GENERAL PARTNERSHIP AS RECORDED IN DOCUMENT NO. 2002073317 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 19.31 ACRE TRACT OF LAND AS SHOWN ON THE ACCOMPANYING SKETCH, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2 -inch iron rod with a SAM, Inc. plastic cap found in the south Right -of -Way (ROW) line of Gattis School Road (a varying width ROW), same being in the east line of a called 4,7956 acre tract of land described in the deed to Grace Presbyterian Church, as recorded in Document No. 199940052 of the Official Records of Williamson County, Texas, for the southwest corner of a called 0.74 acre tract of land dedicated to the City of Round Rock for ROW and recorded in Document No. 2002054922 of the Official Public Records of Williamson County, Texas, same being the northwest comer of said remainder of a called 20.356 acre tract and the tract described herein, from which a 1/2 -inch iron rod found for the northeast corner of said 4.7956 acre tract bears, N 19° 44' 42" W, a distance of 50.53 feet; THENCE leaving said east line with said south ROW line, same being the north lines of said remainder tract and said 1.90 acre tract the following five (5) courses and distances: 1. with the arc of a curve to the left a distance of 35.93 feet through a central angle of 01° 25' 31", having a radius of 1444.39 feet, and whose chord bears N 89° 01' 18" E, a distance of 35.93 feet to a concrete monument found for a point of tangency, 2. N 88° 18' 34" E, passing a distance of 278.84 feet a 1/2 -inch iron rod with a SAM, Inc. plastic cap found for the north common corner of said 1.90 acre tract and said remainder tract for a total distance of 424.28 feet to a concrete monument found, 3. S 60° 46' 25" E, a distance of 63.30 feet to a concrete monument found, 4. S 47° 03' 57" E, a distance of 50.00 feet to a concrete monument found, and 5. S 33° 21' 29" E, a distance of 63.30 feet to a concrete monument found in the east line of said 1.90 acre tract, same being the west ROW line of A.W. Grimes Boulevard (120 -foot wide ROW) as described in Document No. 2001038661 of the Official Public Records of Williamson County, Texas, for the southeast comer of said 0.74 acre tract, same being a northeast corner of said 1.90 acre tract and the tract described herein, from which a concrete monument found in said west ROW line for a northeast corner of said 0.74 acre tract bears, N 02° 26' 27" W, a distance of 121.10 feet; Page 1 of 4 FN 2825 (MLQ) March 10, 2003 SAM, Inc. Job No. 23060 -20 19.31 Acres ASA Thomas Survey A -609 Williamson County, Texas Page 2 of 4 FN 2825 (MLQ) March 10, 2003 SAM, Inc. Job No. 23060 -20 THENCE leaving said common line with the east lines of said remainder tract and said 1.90 acre tract, same being said west ROW line the following four (4) courses and distances: 1. S 02° 26' 27" E, a distance of 89.77 feet to a concrete monument found for a point of curvature, from which a concrete monument found in the east ROW line of said A.W. Grimes Boulevard bears, N 87° 33' 33" E, a distance of 120.00 feet, 2. with the arc of a curve to the left passing at a distance of 95.49 feet a 112 -inch iron rod with a SAM, Inc. plastic cap found for the east common comer of said 1.90 acre tract and said remainder tract, continuing for a total distance of 655.47 feet through a central angle of 17° 31' 15 ", having a radius of 2143.48 feet, and whose chord bears, S 11° 12' 05" E, a distance of 652.92 feet to a concrete monument found, 3. S 19° 57' 42" E, a distance of 288.04 feet to a concrete monument found for a point of curvature, and 4. with the arc of a curve to the left a distance of 583.20 feet through a central angle of 35° 29' 31", having a radius of 941.47 feet, and whose chord bears S 37° 42' 28" E, a distance of 573.92 feet to a 1/2 -inch iron rod found for the north comer of the remainder of a called 33.509 acre tract of land described in the deed to Dell Computer Holdings, L.P., as recorded in Document No. 1999971259 of the Official Public Records of Williamson County, Texas, same being the southeast corner of said remainder tract, and the tract described herein, from which a concrete monument found for a point of tangency in said west ROW line bears with the arc of a curve to the left a distance of 505.05 feet, through a central angle of 30° 44' 09 ", having a radius of 941.47 feet, and a chord which bears, S 70° 49' 18" E, a distance of 499.01 feet; THENCE leaving said common line and with the common line of said 33.509 acre tract, and said remainder tract, S 50° 45' 49" W, a distance of 605.92 feet to a 1/2 -inch iron rod found in the east line of Windy Park Section Two - Revised, a subdivision of record in Cabinet I, Slide 232 of the Plat Records of Williamson County, Texas, for the northwest corner of said 33.509 acre tract, same being the southwest comer of said remainder tract and the tract described herein, from which a 1/2 -inch iron rod found for the southwest comer of said 33.509 acre tract bears, S 19° 44' 42" E, a distance of 640.36 feet; 19.31 Acres ASA Thomas Survey A -609 Williamson County, Texas THENCE with the west line of said 20.356 acre tract, and the east lines of said Windy Park, a called 1.301 acre tract, conveyed in the deed to Robert Espinoza, et. al. as recorded in Document No. 2000014735 of the Official Public Records of Williamson County, Texas, a called 2.7412 acre tract conveyed to Joseph V. Gregor and spouse, Judith E. Gregor as recorded in Volume 2516, Page 853, of the Official Records of Williamson County, Texas, a called 2.00 acre tract conveyed to The Kent Revocable Trust as recorded in Document No. 9721630 of the Official Records of Williamson County, Texas, a called 4.21 acre tract conveyed to The Kent Revocable Trust as recorded in Document No. 9721630 of the Official Records of Williamson County, Texas, and said 4.7956 acre tract, N 19° 44' 42" W, a distance of 2064.28 feet (called N 17° 56' W in Document No. 2000049743 of the Official Public Records of Williamson County, Texas) to the POINT OF BEGINNING, and containing 19.31 acres of land, more or less. This is not a boundary survey and is meant for exhibit purposes only. FN 2825 (MLQ) March 10, 2003 SAM, Inc. Job No. 23060 -20 Bearing Basis: Bearings are based on the Texas State Plane Coordinate System, NAD 83, Central Zone and adjusted to surface using a surface adjustment factor of 1.00012, as provided by Doug Anderson, RPLS, Survcon, Inc. THE STATE OF TEXAS COUNTY OF TRAVIS KNOW ALL MEN BY THESE PRESENTS: That I, Paul L. Easley, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground during January 2003 under my direction and supervision. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 1 lth day of March 2003 A.D. SURVEYING AND MAPPING, Inc. 5508 West Highway 290, Building B Austin, Texas 78735 Page 3 of4 Paul L. Easley Registered Professional Land Sury or No. 4432 - State of Texas CALLED 0.74 ACRE DEDICATED TO THE CITY ROUND ROCK 0 DEC / 200 02954922 - N1P44'42'W - � • �7 _� I 50.53' P.O.B. L1 S60'46'25 "E 63.30' L2 S47'03'57 "E 50.00' L3 S33'21'29 "E 63.30' CALLED 1.90 AC, 69 -3 ASSOCIATES, A NEW YORK GENERAL PARTNERSHIP 00C / 2002073317 O.P. CALLED 4.7956 AG GRACE PRESBYTERIAN CHURCH DOC / 199940052 O.R.W.C.TX CALLED 4.21 AC. THE KENT REVOCABLE TRUST DOC. / 9721630 D.6.WYC. y DO A WINSY 41 1E KT 91 , 2 11, 1: ,17412 P H G RE GOR Jos ,Liofro s.53 v p115E• 25 16, ct N_ C AU £ ) 4735 RT 4 D�G CUMpP 9 LEGEND • CONCRETE MONUMENT FOUND • 1/2 " IRON ROD FOUND O 1/2" IRON ROO W /SAM INC. PLASTIC CAP FOUND Q CALCULATED POINT ( ) RECORD INFORMATION ROW RIGHT -OF -WAY P.O.B. POINT OF BEGINNING D.R.W.C.TK. DEED RECORDS WILLIAMSON COUNTY, TEXAS P.R.W.C.TK. PLAT RECORDS WILLIAMSON COUNTY. TEXAS O.R.W.C.TK. OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS 0.P.R.W.C.Tx. OFFICIAL PUBLIC RECORDS WLLIAMSON COUNTY, TEXAS BEARING BASIS: BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 63, CENTRAL ZONE ANO ADJUSTED TO SURFACE USING A SURFACE AOJUSTMENT FACTOR OF 1.00012. AS PROVIDED BY DOUG ANDERSON, RPLS, SURVCON, INC. BLOCK A 1 HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION AND THAT THIS PLAT 15 TRUE ANO CORRECT TO THE BEST 0 WLEDGE AND BELIEF. PAUL L. EASLEY REGISTERED PROFESSIONAL LAND SURV N0, 4432 - STATE OF TEXAS GATTIS SCHOOL ROAD (R O. W. WIDTH VARIES) C1 N88'18'34 "E 276.64' 19.31 ACRES L- 95,49' 14 15 1e 17 16 424.26' BLOCK C SANDY PARK 5EC30N 1Y,0- RENSED CAB. I, 5L. 232 C2 � 93/ ' fi t lv0 • 2 O'T. - -- N0 „FSS: S 50226'27"E 89.77' N6733'33'0 120.00' A. W. GRIMES BOULEVARD DOG. / 2001038881 O.P.R.W.C.TX. (UNDER CONSTRUCTION) (120' -WIDE ROW) 150 0 160 900 GRAPHIC SCALE SCALE: I" -900 FEET MARCH 2003 ASA THOMAS WAVES A.409 WILLIAMSON COUNTY, TEXAS C1 C2 A = 01'25'31" Q - 17'31'15" R=1 444.39' R= 2143.48' L= 35.93' L= 655.47' T= 17.97' T= 330.31' CB= N89'01'18 "E C3= 511'12'05 "E C= 35.93' C= 652.92' C3 X3529'31" 6= 941.47' T= 301.30' 0= 583.20' CB= 537'42'26 "E C- 573.92' C4 p- 30'44'09" R= 941.47' T=256.76' L =505.05' CB= S70'49'16'E C= 499.01' REMAINDER CF A CALLED 33.509 AC. DELL COMPUTER HOLDINGS, L.P. DOC / 1999971259 0.P.R.W.C. PAGE 4 OF 4 FIELNOTE NO. 2825 PROJECT: OVF8411 PARCELS 1.2 JOB RIMBEA 23030 -90 OA19 03 -11 -03 3911929019 ALC 22017 0600: 19/17■ HELO8GR0 FIELDNOTEI 0823 TECHNICIAN: NU) ORA WIN0: 60290 095 SCALE: I'" 300' • EST HIGHWAY 290 B UILDING B AUSTIN TEXAS. 76735 (SSF; 1512) 3 75 (512) 320 -7029 EMAIL: SAM•SAMINCAJS.COM FIELD NOTE SKETCH NO. 2825 WE Rezone from PUD No. 37 and a portion of PUD No. 36 to PUD No. 62 19.31 Acres Gattis School Rd Subject Tract 19.31 ac. DATE: May 20, 2005 SUBJECT: City Council Meeting — May 26, 2005 ITEM: 11.D.1. Consider an ordinance rezoning 19.31 acres of land from District PUD No. 37 (Planned Unit Development) and a portion of District PUD No. 36 (Planned Unit Development) to District PUD No. 62 (Planned Unit Development). (Provident Crossings) (First Reading) Department: Planning and Community Development Department Staff Person: Jim Stendebach, Planning and Community Development Director Justification: The proposed PUD will encompass all of PUD 37 and a portion of PUD 36. Both of these existing PUDs are primarily devoted to business park uses. The proposed PUD will change the uses on the property from business park to commercial so that the new PUD will match the regulations and standards of PUD 56 (Randall's Town Centre) which is immediately adjacent on the east side of A.W. Grimes Blvd. (The developer of the proposed PUD is the same developer of Randall's Town Centre.) A comparison of the proposed PUD and the existing PUDs is shown on the attached spreadsheet. The current zoning allows for potentially more intense uses than the proposed zoning. Given the proximity of the proposed PUD to residential homes, a less intense use seems more appropriate. The developer has also met with the neighboring homeowners on a number of occasions to ensure that the proposed development is compatible with the adjacent neighborhood. In addition, using the same regulations and standards as the existing neighboring commercial development ensures compatibility with the shopping center on the other side of A.W. Grimes. Funding: Cost: N/A Source of funds: N/A Outside Resources: Greg Bourgeois, Jones & Carter, Inc. Background Information: The property was originally zoned PUD 36 and PUD 37 in 1999. The boundaries of PUD 36 and PUD 37 were then modified in 2001 by the creation of PUD 56 (Randall's Town Centre). (See attached graphics showing PUD history and current boundaries.) On May 18, 2005, the Planning and Zoning Commission rendered a favorable recommendation to re -zone the property from PUD No. 36 and PUD No. 37 to PUD No. 62. Public Comment: Public Notice and a public hearing were held in accordance with the City of Round Rock's Zoning Ordinance. Notification was sent out to neighboring property owners and a public hearing was held on May 18, 2005, at the regular meeting of the Planning and Zoning Commission. THE STATE OF TEXAS § COUNTY OF WILLIAMSON § AGREEMENT AND DEVELOPMENT PLAN PROVIDENT CROSSINGS PUD PLANNED UNIT DEVELOPMENT NO. 62 THIS AGREEMENT AND DEVELOPMENT PLAN (this "Agreement ") is made and entered by and between the CITY OF ROUND ROCK, TEXAS, a Texas municipal corporation, having its offices at 221 East Main Street, Round Rock, Texas 78664 (hereinafter referred to as the "City"), and TODAY PRA HICKERSON, L.P., a Texas limited partnership, its successors and assigns, having their offices at 975 One Lincoln Centre, 5400 LBJ Freeway, Dallas, Texas, 75240; and RB -3 ASSOCIATES, a New York partnership, its successors and assigns, having their offices at 8441 Cooper Creek Boulevard University Park, Florida 34201; and THE BENDERSON 85 -1 TRUST, a New York Trust, its successors and assigns, having their offices at 8441 Cooper Creek Boulevard University Park, Florida 34201 (hereafter collectively referred to as the "Owners "). For purposes of this Agreement, the term Owners shall mean TODAY PRA HICKERSON, L.P., RB -3 ASSOCIATES, and THE BENDERSON 85 -1 TRUST, their respective successors and assigns; provided, however, upon sale, transfer or conveyance of portions of the hereinafter described property, the duties and obligations of the Owners, as it relates to the respective property, shall be assumed by the new owner, and the Owners shall have no further liability relating to their respective property. WHEREAS, the Owners are the owners of certain real property consisting of 19.31 acres, as more particularly described in Exhibit "A ", (herein after referred to as the "Property") attached hereto and made a part hereof. WHEREAS, The Owners have submitted a request to the City to rezone the Property as a Planned Unit Development (the "PUD "). WHEREAS, pursuant to Chapter 11, Section 314, Code of Ordinances (1995 Edition), City of Round Rock, Texas, the Owners have submitted a Development Plan setting forth, the development conditions and requirements within the PUD, which Development Plan is contained in Section II of this Agreement; and WHEREAS, the City has held two public hearings required by law to solicit input from all interested citizens and affected parties; and WHEREAS, on May 18, 2005, the City's Planning and Zoning Commission recommended approval of the Owners' application for a PUD; and WHEREAS, the City Council has reviewed the proposed Development Plan and determined that it promotes the health, safety, and general welfare of the citizens of Round Rock and that it complies with the intent of the Planned Unit Development Ordinance of the City; NOW THEREFORE BY THIS AGREEMENT WITNESSETH that, in consideration of the covenants and conditions set forth herein, the City and the Owners agree as follows: 3. ZONING VIOLATION 4. LIENHOLDER CONSENT I. GENERAL PROVISIONS 1. CONFORMITY WITH DEVELOPMENT PLAN That all uses and development within the Property shall conform to the Development Plan included in Section II herein. 2. CHANGES AND MODIFICATIONS No changes or modifications will be made to this Agreement or the Development Plan unless all provisions pertaining to changes or modifications as stated in Section II.16 below are followed. The Owners understand that any person, firm, corporation or other entity violating any conditions or terms of the Development Plan shall be subject to any and all penalties for the violation of any zoning ordinance provisions as stated in Section 1.601, Code of Ordinances, (1995 Edition), City of Round Rock, Texas, as amended. That the lien holder of record has consented to this Agreement and Development Plan, including any and all dedications to the public. Lien holder consent is attached hereto and incorporated herein as Exhibit "B". 5. MISCELLANEOUS PROVISIONS 5.1 Assignment. Neither party may assign its rights and obligations under this Agreement without having first obtained the prior written consent of the other which consent shall not be unreasonably withheld. This section shall not prevent the Owners from selling or leasing the Property or portions of the Property, together with all development rights and obligations contained in this Agreement and Development Plan, and no consent shall be required in connection with such sale or lease provided the purchaser or tenant assumes Owners' obligations in writing as to such portions of the Property. 5.2 Necessary Documents and Actions. Each party agrees to execute and deliver all such other and further instruments and undertake such actions as are or may become necessary or convenient to effectuate the purposes and intent of this Agreement. 5.3 Severability. In case one or more provisions contained herein are deemed invalid, illegal or unenforceable in any respect such invalidity, illegality or unenforceability shall not affect any other provisions hereof and in such event, this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 5.4 Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes any prior or contemporaneous oral or written understandings or representations of the parties respecting the subject matter hereof. 5.5 Applicable Law. This Agreement shall be construed under and in accordance with the laws of the State of Texas. 5.6 Venue. All obligations of the parties created hereunder are performable in Williamson County, Texas, and venue for any action arising hereunder shall be in Williamson County. 5.7 No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to confer upon any person or entity, other than the parties hereto (and their respective successors and assigns), any rights, benefits or remedies under or by reason of this Agreement. 5.8 Duplicate Originals. This Agreement may be executed in duplicate original, each of equal dignity. 5.9 Notices. Until changed by written notice thereof any notice required under this Agreement may be given to the respective parties, by certified mail, postage prepaid or by hand delivery to the address of the other party shown below: OWNERS CITY OF ROUND ROCK TODAY PRA HICKERSON, L.P. 975 One Lincoln Centre 5400 LBJ Freeway Dallas, Texas 75240 Attn: Leon J. Backes RB -3 ASSOCIATES, A NEW YORK PARTNERSHIP 8441 Cooper Creek Boulevard University Park, Florida 34201 THE BENDERSON 85 -1 TRUST, A NEW YORK TRUST 8441 Cooper Creek Boulevard University Park, Florida 34201 5.10 Effective Date. City of Round Rock, Texas 221 East Main Street Round Rock, Texas 78664 Attn: Director of Planning This Agreement shall be effective from and after the date of due execution hereof by all parties. 5.11 Appeal of Administrative Decisions. Administrative decisions provided for in this Agreement may be appealed to the City Council in writing within 90 days following receipt by the Owners of the written confirmation of the decision. 5.12 Binding Effect. This Agreement and the Development Plan binds and benefits the Owners and its successors and assigns. 5.13 Termination of previous PUDs. This Agreement and Development Plan supersedes the Agreements and Development Plans adopted by Ordinances Z- 99- 03- 25 -9C1 and Z- 99- 03- 25 -9C2 as they apply to the Property described in Exhibit "A" of this agreement. 1. DEFINITIONS Words and terms used herein shall have their usual force and meaning, or as defined in the Code of Ordinances (1995 Edition) as amended, City of Round Rock, Texas, hereinafter referred to as the Code" 2. PROPERTY This Development Plan (hereinafter referred to as "Plan ") covers approximately 19.31 acres of land, Located within the city limits of Round Rock, Texas, and more particularly described by metes and bounds in Exhibit "A ". 3. PURPOSE II. DEVELOPMENT PLAN The purpose of this Plan is to ensure a PUD that 1) is equal to or superior to development that would occur under the standard ordinance requirements, 2) is in harmony with the General Plan, as amended, 3) does not have an undue adverse affect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and welfare, 4) is adequately provisioned by essential public facilities and services, and 5) will be developed and maintained so as not to 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. If there is a conflict between this Agreement and Plan and the Code this Agreement and Plan shall supersede the specific conflicting provisions 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 following principal uses are permitted: All C -1 (General Commercial) uses identified in the City of Round Rock Zoning Ordinance except for uses listed in Paragraph 6, below. 6. PROHIBITED USES The following uses are prohibited on the Property: self - standing wireless transmission towers and facilities, mini- warehouses, flea markets, sexually oriented businesses, portable buildings sales, except as incidental to other retail sales, outdoor amusement parks or carnivals, wholesale nurseries, recreational vehicle parks, outdoor shooting ranges, pawn shops, heavy equipment sales, kennels (but not prohibiting pet shops and veterinary clinics without overnight facilities), R.V., boat or vehicle sales, auto service facilities, auto repair, body and paint shops (but not excluding gasoline or convenience stations, which do not provide auto repairs, or auto retail service facilities selling parts or accessories, including tires, batteries, or mufflers and including installation on premises, such as Discount Tire and National Tire & Battery), truck stops, wrecking yards, bulk distribution centers, campgrounds, tattoo parlors, donation centers, video arcades (but not prohibiting video games as an ancillary use), bars and taverns (provided, however, that this does not prohibit any restaurant uses), fast food restaurants that use a microphone and speaker system to place orders from the drive thru area, and billiard parlors (but not prohibiting billiards as an ancillary use). 7. DESIGN STANDARDS 7.1 Prohibited Materials The following materials are prohibited on the exterior walls and roofs of all buildings and structures: • Asbestos • Mirrored Glass (reflectivity of 20% or more) • Corrugated metal • Unfinished sheet metal, except for trim or minor decorative features 7.2 Primary Shopping Center Buildings The following development standards apply to the primary shopping center buildings. The definition of primary shopping center buildings for the purpose of this section shall be all buildings that contain more than 10,000 square feet of gross floor area (heated and air conditioned space) or such smaller buildings, which are physically attached to such a building. 7.2.1 The front and side elevations shall be 100 percent masonry, except for doors, windows, roofs, patios, balconies, awnings, gutters, special decorative features and trim. Masonry shall mean brick, stone, stucco or such other similar quality material approved in writing by the Director of Planning. Stucco shall not comprise more than fifty (50) percent of this exterior finish. All other elevations shall be constructed of brick, stone, stucco, split face concrete block or concrete tilt wall, or such other similar quality material approved in writing by the Director of Planning. 7.2.2 Primary shopping center buildings shall be permitted flat roofs only when the building contains segments with pitched roof lines that are part of an overall architectural design approved by the Director of Planning. Roofing materials for pitched roof sections shall be Limited to tile or pre - finished, non - reflective metal or such other similar quality material approved in writing by the Director of Planning. 7.3 Buildings Other Than Primary Shopping Center Buildings The following development standards apply to all buildings not defined as primary shopping center buildings in Section 7.2 above. 7.3.1 All building elevations shall be 100 percent masonry except for doors, windows, roofs, patios, balconies, awnings, gutters, special decorative features and trim. Masonry shall mean brick, stone or stucco or such other similar quality material approved in writing by the Director of Planning. Stucco shall not comprise more than fifty (50) percent of this exterior finish. 7.3.2 All buildings shall be permitted flat roofs only when the building contains segments with pitched roof lines that are part of an overall architectural design approved by the Director of Planning. Roofing materials for pitched roof sections shall be limited to tile or pre - finished, non - reflective metal or such other similar quality material approved in writing by the Director of Planning. 8. DEVELOPMENT STANDARDS 8.1 Building Height Building heights shall be as follows: 8.1.1 All buildings 100 feet to 150 feet from any single - family residential property line shall be limited to one (1) story and no more than twenty (20) feet. 8.1.2 All buildings 150 feet to 200 feet from any single - family residential property line shall be limited to two (2) stories and no more than thirty (30) feet. 8.1.3 All buildings at least 200 feet from any single - family residential property line shall be limited to three (3) stories and no more than forty -five (45) feet. 8.1.4 The height limits prescribed herein shall not apply to necessary mechanical appurtenances or design features located upon any building. 8.2 Building Setbacks Building setbacks shall be as follows: 8.2.1 Minimum building setbacks from A.W. Grimes Boulevard and Gattis School Road shall be thirty (30) feet. 8.2.2 Minimum building setbacks from all internal lot lines shall be ten (10) feet, except that common walls shall not be required to have a setback 8.2.3 The minimum building setback from the western boundary of the Property shall be twenty-five (25) feet for a distance of 320 feet south from the northwest corner of the Property. The minimum building setback along the remainder of the western boundary of the Property shall be 100 feet. 8.2.4 The minimum building setback from the southern boundary of the Property shall be twenty-five (25) feet. 8.3 Density The minimum lot size shall be one -half (1/2) acre. 9. SERVICE & LOADING AREAS 9.1 Screening Req uired No dock high loading area is permitted unless such area is visually screened from public streets. 9.2 Delivery Vehicles All delivery and utility vehicles parked on -site (other than when being actively loaded or unloaded) shall be parked within an area visually screened from public streets. No deliveries by vehicles with six or more wheels shall be permitted between the hours of midnight and 7:00 a.m. 9.3 Service Areas Service areas shall be visually screened from all public rights -of -way. Methods of screening include walled entrances, evergreen landscaping and depressed service areas. 9.4 Loading Areas All loading and service areas must be clearly signed. Loading spaces must be clearly denoted on the pavement and designed so as not to prohibit on -site vehicular circulation when occupied. Loading spaces shall be located directly in front of or adjacent to a loading door. Loading areas must be designed to accommodate backing and maneuvering on- site, not from a public street. Regardless of orientation, loading doors may not be located closer than fifty (50) feet from a public street. This provision does not prevent the location of doors that provide common entry to a building from being used for minor deliveries and courier service by vehicles with six or less wheels. 9.5 Trash Storage Refuse storage enclosures are required for all buildings. Enclosures must be of sufficient height to visually screen all refuse containers, so as to provide visual screening of views from adjacent lots and public rights -of -way. All enclosures must be constructed of permanent materials (concrete, masonry, split face block, etc.), which are compatible with the building it serves. Refuse storage areas must be designed to contain all refuse generated on -site between collections. Gates shall be required only if required to achieve the needed visual screening. 9.6 Street Level Mechanical Equipment All ground- mounted service equipment (e.g., air conditioners, transformers, trash collection equipment) related to each building shall be visually screened and landscaped. Large equipment shall be visually screened and landscaping shall be used to soften the visual appearance of the walls enclosing service areas. Service areas must be paved and drained. 9.7 Roof Mounted Mechanical Equipment All roof mounted mechanical equipment must be visually screened from view from the public streets from a height of five (5) feet above grade measured at the lot line of the site on which the building is located. Screening must be compatible with the building design. 10. LIGHTING STANDARDS All development within the Property shall be restricted to the following standards: 10.1 Light poles within 150 feet of any single - family residential property line shall not exceed twenty (20) feet in height. 10.2 Light poles on the remainder of the Property shall not exceed thirty (30) feet in height 10.3 All exterior lighting shall be hooded or shielded so that light is directed downward to minimize excessive glare and sky glow pollution. 11. LANDSCAPING AND BUFFERING 11.1 Landscape and Sidewalk Easement A twenty (20) foot wide landscape easement shall be provided adjacent to the public utility easement along A. W. Grimes Boulevard and Gattis School Road. All areas located within these easements shall be used solely for the purpose of landscaping and sidewalks, except for driveways crossing the easement, lighting, monument signs, irrigation, entry features, underground utilities, meters, utility structures and equipment required to provide utilities to the Property. Surface drainage swales may be placed within these easements, provided they are approved by the Director of Planning as part of a comprehensive landscape plan. Drainage, detention and water quality structures are prohibited in these easements. Landscaping within these easements shall be credited against street yard landscape requirements. 11.2 Street Trees Street trees shall be planted within the landscape easement adjacent to all public streets in accordance with the following criteria: 11.2.1 Spacing of and size of trees shall meet the following criteria: • Street trees along A. W. Grimes Boulevard and Gattis School Road shall be large size tree species with a minimum caliper size of three and one half (3.5) inches and shall be spaced no more than forty (40) feet apart. • Tree species size shall be in accordance with the City of Round Rock Tree Technical Manual: Standards and Specifications (Tree Technical Manual). 11.2.2 Caliper size, height, measurement and other specifications shall be as specified in the Tree Technical Manual. 11.2.3 Street trees shall be planted to avoid interference with streetlights, signage and other fixtures. 11.2.4 Street trees shall be planted at least eight (8) feet from edge of driveways. 11.2.5 Street trees shall be planted no less than eight (8) feet from the back of curb along A. W. Grimes Boulevard and Gattis School Road. 11.2.6 Street trees shall be planted on a lot -by -lot basis. Each lot in the Property shall have the required street trees and the associated irrigation system inspected for compliance with this Section prior to the issuance of the first Certificate of Occupancy for any development within the lot. 11.2.7 A Property Owners Association (POA) shall be established, funded and assigned the responsibility for ongoing maintenance, repair and replacement of both street trees and irrigation. Irrigation shall be paid for by the POA. 11.3 Rights of Way Areas within the public street right -of -way must be landscaped and irrigated only in accordance with a license agreement with the City. 11.4 Open Space All parcels for which a building permit and a Certificate of Occupancy have been issued and which do not contain buildings, structures, parking lots, sidewalks, fountains, site furniture or other improvements, including, but not limited to, front, side and rear building set back areas, and all areas between the curb line and the property line, must be planted and landscaped. All such landscaped areas not planted in groundcover or shrub beds will be planted in grasses, preferably sod, Over seeding in fall with cool season native grasses is allowed. All plantings shall be maintained in good condition. The landscape planting must provide for easy maintenance. Utility easements shall be landscaped consistent with other landscape areas where allowed by the respective utility company. 11.5 Parking Areas In all vehicular use areas and parking areas, landscaped medians shall be provided along primary access drives, as determined by the Director of Planning. Additional landscape medians shall be provided for every eight (8) single rows of parking. All landscape medians shall be a minimum of ten (10) feet in width and trees shaII be planted in accordance with the same specifications established for street trees in this Section unless otherwise approved by the Director of Planning. Caliper size, height, measurement and other specifications shall be as specified in the Tree Technical Manual. 11.6 Planting Plan The Owners shall submit a planting plan for parking lot and other on -site Iandscaping with the submittal of construction plans for each phase of development. 11.7 Western Boundary Landscape Buffer Requirements A fifty (50) foot landscape buffer shall be provided along the western boundary of the Property, beginning 320 feet south of the northwest corner of the Property, in accordance with the following standards. 11.7.1 The landscape buffer shall include a precast concrete panelized fence with a brick or stone design eight (8) feet tall, which shall be located on the western boundary of the Property commencing on the southwest corner of the Property and continuing to the north to a point one hundred and sixty (160) feet south of the northwest corner of the Property. The construction of the entire fence shall be completed within sixty (60) days of the issuance of any new building permit within the Property. 11.7.2 The westernmost thirty (30) feet of the fifty (50) foot landscape buffer shall remain solely for the purpose of landscaping. 11.7.3 All planting within the landscape buffer shall create a continuous solid screen, consisting of trees and shrubs. The minimum quantity of landscaping shall be determined by the following requirements: 13. DRIVEWAY ACCESS • One large tree per fifty (50) linear feet (75% of selected material shall be of an evergreen species) • One medium size tree per thirty (30) linear fee (75% of selected material shall be of an evergreen species) • One small tree per fifteen (15) linear feet (75% of selected material shall be of an evergreen species) • One large shrub per four (4) linear feet. 11.7.4 The Director of Planning shall review the landscaping, elevations and abutting uses to ensure that the required visual screen is provided. 12. UNDERGROUND UTILITY SERVICE Except where approved in writing by the City Engineer, all electrical, telephone and cablevision distribution and service lines, other than overhead lines that are three phase or larger, shall be placed underground. All transformers shall be visually screened. Driveway access shall be permitted in accordance the following criteria, as illustrated in Exhibit "C": 13.1 The Property shall be permitted two driveways onto Gattis School Road. The most westerly driveway shall be located at the proposed median cut across from East Rock Cove. The easterly access shall be located 15. SIGNS approximately 300 feet east of the western boundary of the Property. 13.2 The Property shall also have five (5) driveways onto A.W. Grimes Boulevard to be located as follows: 13.2.1 The most northerly driveway shall be located approximately 300 feet south of the intersection of A.W. Grimes and Gattis School Road. 13.2.2 The second driveway shall be located at the northernmost existing median cut in A.W. Grimes south of Gattis School Road. 13.2.3 The third driveway shall be located at the median cut in A.W. Grimes Boulevard across from Town Centre Drive. 13.2.4 The fourth and fifth driveways shall be located a minimum of 200 feet from the driveway described in 14.2.3 and shall have a minimum separation of two hundred (200) feet from each other. 14. DRIVEWAY THROAT LENGTH All driveways that access A.W. Grimes Boulevard or Gattis School Road shall provide a minimum driveway throat of 100 feet. No parking spaces or internal access drives shall intersect with access driveways within this 100 -foot throat. Throat length shall be measured from the property line along the street right -of -way. 15.1 All freestanding signs shall be restricted to monument signs, as defined in the Code. 15.2 Freestanding monument signs shall not exceed six (6) feet in height. 15.3 One freestanding monument sign shall be permitted for lots of less than three (3) acres in size. The maximum area of masonry monument signs, defined as the area contained within a polygon containing the actual lettering and any logo, shall be fifty (50) square feet on each side of the sign. The portions of a masonry structure on which the sign is located shall not be counted as part of the fifty (50) square feet provided they are not contained within the polygon. The maximum area of all other signs shall be regulated by the Code. 15.4 More than one freestanding monument sign for lots of three (3) acres or larger shall be permitted in accordance with the regulations contained in the Code. However, each sign permitted shall be sized in accordance with Section 15.3 above. 15.5 Monument signs shall not be located so as to, in the reasonable opinion of the City Traffic Engineer, adversely restrict the vision of drivers entering or leaving the Property. 15.6 Directional signs solely for the purpose of directing traffic or identifying building numbers shall be permitted provided they are restricted to a size required by their function as determined by the Director of Planning. 16. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN 16.1 Minor Changes Minor changes to this Agreement or Plan, which do not substantially and adversely change this Plan, may be approved administratively, if approved in writing, by the City Engineer, the Director of Planning and the City Attorney. 16.2 Major Changes All changes not permitted under Section 16.1 above, shall be resubmitted following the same procedure required by the original PUD application. 17. GENERAL PLAN 2000 This Agreement amends the Round Rock General Plan 2000, which was adopted on June 10, 1999. TODAY PRA HICKERSON, LP By: Gattis School Partners, L. P. Its sole general partner By: PRA General Partner, Inc. Its sole general partner RB-3 ASSOCIATES, a New York Partnership By: Randall Benderson, Partner Date: THE BENDERSON 85 -1 TRUST, a New York Trust By: David H. Baldauf, Trustee Date: CITY OF ROUND ROCK, TEXAS yle Maxw , Mayor ATTEST: By: L L )M1J C��1xt�yL� Christine Martinez, City Secretary By Leon J. Backes, President Date: RB -3 ASSOCI S, a New York Partnership By: Randall Benderson, Partner Date: te/z-z/os THE BENDBRSON 854 TRUST, a New York Trust By: David H. Baldauf, Trustee Date: •J / =y CITY OF ROUND ROCK, TEXAS By: Nyle Maxwell, Mayor ATTEST: >3 Christine Martinez, City Secretary LIST OF EXHIBITS EXHIBIT DESCRIPTION Exhibit "A" Property Metes and Bounds Description Exhibit "B" Lien Holder Consent Exhibit "C" Driveway Access EXHIBIT A PROPERTY DESCRIPTION 19.31 Acres ASA Thomas Survey A-609 Williamson County, Texas FN 2825 (MLQ) March 10, 2003 SAM, Inc. Job No. 23060 -20 DESCRIPTION OF A 19.31 ACRE TRACT OF LAND LOCATED . IN THE ASA THOMAS SURVEY, ABSTRACT NO. 609, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF A CALLED 20.356 ACRE TRACT OF LAND (TRACT 2) DESCRIBED IN THE DEED TO TODAY PRA HICKERSON, L.P., AS RECORDED IN DOCUMENT NO. 2000049743 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AND A CALLED 1 90 ACRE TRACT OF LAND CONVEYED IN THE DEED TO RB -3 ASSOCIATES, A NEW YORK GENERAL PARTNERSHIP AS RECORDED IN DOCUMENT NO. 2002073317 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 19.31 ACRE TRACT OF LAND AS SHOWN ON THE ACCOMPANYING SKETCH, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a I/2 -inch iron rod with a SAM, Inc. plastic cap found in the south Right - of-Way (ROW) line of Gattis School Road (a varying width ROW), same being in the east line of a called 4.7956 acre tract of land described in the deed to Grace Presbyterian Church, as recorded in Document No. 199940052 of the Official Records of Williamson County, Texas, for the southwest corner of a called 0.74 acre tract of land dedicated to the City of Round Rock for ROW and recorded In Document No. 2002054922 of the Official Public Records of Williamson County, Texas, same being the northwest comer of said remainder of a called 20.356 acre tract and the tract described herein, from which a 12 -inch iron rod found for the northeast corner of said 4.7956 acre tract bears, N 19° 44' 42" W, a distance of 50.53 feet; THENCE leaving said east line with said south ROW line, same being the north lines of said remainder tract and said 1.90 acre tract the following five (5) courses and distances: 1 . with the arc of a curve to the left a distance of 35.93 feet through a central angle of Ol ° 25' 31", having a radius of 1444.39 feet, and whose chord bears N 89° 01' 18" E, a distance of 35.93 feet to a concrete monument found for a point of tangency, 2. N 88° 18' 34" E, passing a distance of 278.84 feet a 12 -inch iron rod with a SAM, Inc. plastic cap found for the north common corner of said 1.90 acre tract and said remainder tract for a total distance of 424.28 feet to a concrete monument found, 3. S 60° 46' 25" E, a distance of 63.30 feet to a concrete monument found, 4. S 47° 03' 57" E, a distance of 50.00 feet to a concrete monument found, and 5. 5 33° 21' 29" E, a distance of 6330 feet to a concrete monument found in the east line of said 1.90 acre tract, same being the west ROW line of A.W. Grimes Boulevard (120 -foot wide ROW) as described in Document No. 2001038661 of the Official Public Records of Williamson County, Texas, for the southeast corner of said 0.74 acre tract, same being a northeast corner of said 1.90 acre tract and the tract described herein, from which a concrete monument found in said west ROW line for a northeast comer of said 0.74 acre tract bears, N 02° 26' 27" W, a distance of 121.10 feet; Page 1 of 4 19.31 Acres ASA Thomas Survey A-609 Williamson County, Texas 3. S 19° 57' 42" E, a distance of 288.04 feet to a concrete monument found for a point of curvature, and 4. with the arc of a curve to the left a distance of 58320 feet through a central angle of 35°29' 31", having a radius of 941.47 feet, and whose chord bears S 37° 42' 28" E, a distance of 573.92 feet to a 1/2 -inch iron rod found for the north comer of the remainder of a called 33.509 acre tract of land described in the deed to Dell Computer Holdings, L.P., as recorded in Document No. 1999971259 of the Official Public Records of Williamson County, Texas, same being the southeast corner of said remainder tract, and the tract described herein, from which a concrete monument found for a point of tangency in said west ROW line bears with the arc of a curve to the left a distance of 505.05 feet, through a central angle of 30° 44' 09 ", having a radius of 941.47 feet, and a chord which bears, S 70° 49' 18" E, a distance of 499.01 feet; THENCE leaving said common line with the east lines of said remainder tract and said 1.90 acre tract, same being said west ROW line the following four (4) courses and distances: 1. S 02° 26' 27" E, a distance of 89.77 feet to a concrete monument found for a point of curvature, from which a concrete monument found in the east ROW line of said A.W. Grimes Boulevard bears, N 87° 33' 33" E, a distance of 120.00 feet, 2. with the arc of a curve to the left passing at a distance of 95.49 feet a 1/2 -inch iron rod with a SAM, Inc. plastic cap found for the east common corner of said 1.90 acre tract and said remainder tract, continuing for a total distance of 655.47 feet through a central angle of 17° 31' 15 ", having a radius of 2143.48 feet, and whose chord bears, S 11° 12' 05" E, a distance of 652.92 feet to a concrete monument found, THENCE leaving said common line and with the common line of said 33.509 acre tract, and said remainder tract, S 50° 45' 49" W, a distance of 605.92 feet to a 1/2 -inch iron rod found in the east line of Windy Pads Section Two- Revised, a subdivision of record in Cabinet I, Slide 232 of the Plat Records of Williamson County, Texas, for the northwest comer of said 33.509 acre tract, same being the southwest corner of said remainder tract and the tract described herein, from which a 1/2 -inch iron rod found for the southwest corner of said 33.509 acre tract bears, S 19° 44' 42" E, a distance of 640.36 feet; Page 2 of 4 FN 2825 (MLQ) March 10, 2003 SAM, Inc. Job No. 23060 -20 19.31 Acres ASA Thomas Survey A-609 Williamson County, Texas THENCE with the west line of said 20.356 acre tract, and the east lines of said Windy Park, a called 1.301 acre tract, conveyed in the deed to Robert Espinoza, et. al. as recorded in Document No. 2000014735 of the Official Public Records of Williamson County, Texas, a called 2.7412 acre tract conveyed to Joseph V. Gregor and spouse, Judith E. Gregor as recorded in Volume 2516, Page 853, of the Official Records of Williamson County, Texas, a called 2.00 acre tract conveyed to The Kent Revocable Trust as recorded in Document No. 9721630 of the Official Records of Williamson County, Texas, a called 4.21 acre tract conveyed to The Kent Revocable Trust as recorded in Document No. 9721630 of the Official Records of Williamson County, Texas, and said 4.7956 acre tract, N 19° 44' 42" W, a distance of 2064.28 feet (called N 17° 56' W in Document No. 2000049743 of the Official Public Records of Williamson County, Texas) to the POINT OF BEGINNING, and containing 19.31 acres of land, more or less. This is not a boundary survey and is meant for exhibit purposes only. Bearing Basis: Bearings are based on the Texas State Plane Coordinate System, NAD 83, Central Zone and adjusted to surface using a surface adjustment factor of 1.00012, as provided by Doug Anderson, RPLS, Survcon, Inc. THE STATE OF TEXAS COUNTY OF TRAVIS KNOW ALL MEN BY THESE PRESENTS: That I, Paul L. Easley, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground during January 2003 under my direction and supervision. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 1 Ith.day of March 2003 A.D. SURVEYING AND MAPPING, Inc. 5508 West Highway 290, Building B Austin, Texas 78735 Page 3 of 4 FN 2825 (MLQ) March 10, 2003 SAM, Inc. Job No. 23060 -20 aul L. Easley Registered Professional Land Sury yor No. 4432 - State of Texas LI 580'46'25"E 63.30' L2 S47T13'57'E 50.00' l3 S33'21'29'E 63.30' BEARING BASIS: BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, HAD 83, CENTRAL ZONE M10 ADJUSTED TO SURFACE USI4G A SURFACE ADJUSTMENT FACTOR OF 1,00012. AS PROVIDE° BY DOUG ANDERSON, RPLS, SUR4L INC. PAUL L EASLEY REGISTERED PROFESSIONAL LAND SUR NO. 4432 - STATE OF TEXAS ▪ JAKLL7 112 93 6A1 11 07 ROR .0 ZhY 110.0.030 1M0 � sown CALLED 0.74 ACRE 0EDICA1E0 70 114E CITY OF ROM ROCS 005 / 2002054922 0.P.R.W.C.T7L CALLED 1.90 AC. R9 -3 ASSOCIATES. A NEW 1'0151 GENERAL PARINCSIP 005 / 2002073317 OPR1EC N19'44'42'W �� 50.5T P.O.B. CALLED 4.7956 AC. MACE PRESBY1EWAN CHURCH 005 / 199940052 ORW.C.TY CALLED 4.31 A5 1110 RENT REVOCA6LE MTOST DOC. 1721630 0.R.0E0.nL r -r AG 1.501• R ll- R0� �3,��,1�,Tf 1473+ 948898'34' 424.28' _ --PP' 23D, ' '80 �T�e70 o s y 749 N q $ 6 14 coop .IOSfPK toil v -CMG r� LEGEND • CONCRETE MONUMENT FOUND • 1/2' IRON ROO FOUND O 1/2' IRON ROD W/SAM INC. PLASTIC CAP FOUND A CALCULATED POINT ( ) RECORD INFORMATION ROW RIGHT -OF -WAY P.O.B. POINT OF BEGINNING D.R.W.C.Ts. DEED RECORDS WAWAMSON COUNTY, TEXAS P,R.W.C.TT. PLAT RECORDS WIWAAISON COUNTY, TEXAS 0.R.W,C.TIL OFFICIAL RECORDS WIWAMSON COUNTY, TEXAS O,P.R.WC.Tx. OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS BLOC( A I HEREBY CERTIFY THAT 711I5 SURVEY WAS MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION AND THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF M DOE AND BELIEF. SAM GATTIS SCHOOL ROAD (RO.IL WIDTH VARIES) / 3 BLOC* C SHOT PARR SECTON 150-0 CAS. 1. SL 232 PRKSTX 502'26'27"E 9.77' 5733'23'0 120.00' A, W. GRIMES BOULEVARD D00. 2001038661 WO . CONSTRUCTION) (120' -VADE ROVO 5001 WEST 19511WAY 290 WILDING 5 AUSTIN TI101, 71755 (512) 7 Fan (612) 5 20 ENA11, SAN•GAMINCAUS.CGtt Ms 4 b CRAPwc ecAl�'� SCM11:1'- 100FEET MICH 203 ASAEFEIMASA4U9 TOILLASOC7 COONR, T1AA3 • C1 C2 - 44.2. R■1444,30' R-21 43. L =35.93' T =17.97' 1- 330,31' C8- N89'O1'18'E C6 =SI I9 2'05'E C= 35.93' C'652.92' C3 A.435'29'31" 5- 941.47' 7-301.30' L.583.20' CB.S3742'28'E C-573.92' 04 (3- 30'44'09' R- 941.4? 7.25676' 1_505.05' CB•570'49 0- 499.01' ROAMER CIF A CAMEO 11.309 AC. DELI OM 9999 YS, L.P. 0.PR160.T7. PAGE 4 OF 4 FIELNOTE N0. 2825 FIELD NOTE SKETCH NO. 2825 THE STATE OF TEXAS COUNTY OF WIL SON § That l bto L L( r Batt. , act ng herein by and through its duly authorized officers, being the holder of a lien as evidenced by Deed of Trust recorded in Document No. ADO 3O the Official Records of Williamson County, Texas, does hereby consent to the Agreement and Development Plan of 19.31 acres of land situated in Round Rock, Williamson County, Texas, and does further hereby join, approve and consent to all provisions shown therein. ATTEST: By: �ut� Name: fM/ A/AIL Title: STATE OF TEXAS 145 COUNTY OF SON § § § This instrument was acknowledged forele on the day of ti tJ l; 2005 / by � TRY. 1( X6-/1 tZ�3eDr� of I' �. :l r: L i::♦ a _ Itl,1 �i 4 AVA/ , on behalf of said EXHIBIT B LIEN HOLDER CONSENT T L1cQ S l 'ci fcc i B Name: EL K • c y Title: 1 k P L TERASA D. BANKS Notary Public, Stale of Texas My Commission Expires May 06, 2006 '&--k No Public, State of Texas Commission Expires: 0" 'CD j EXHIBIT C DRIVEWAY ACCESS nos J:r'ROJECTS\A023 -01 \ EXHIBITS \DRIVEWAYS Round Rock Eost South Section 1 1 Gottis School Rood Windy Pork Section 2 Revised — Eckerd Drug Store - 1 C PUD 36 (Amended) a MC reek Section 19 c- Exhibit C RondollsTown Centre Section 1 r. 0 150 MC Median Cut CC Curb Cut 300 Legend 600 SCALE: 1" = 300' Provident Realty Advisors PUD No. 36 Amended Driveway Access Exhibit C r JONES &CARTER, ENGINEERS•PLANNERS•SURVEYORS 805 Las Gimes Parkway, Suite 230 Austin, Texas 787464493 (512) 441 - 9493 Job No. A023 -015 I Date DATE 1999 — ORIGINAL ZONING — PUD 36 & PUD 37 11111.1 won alos PUD u37 2005 — PROPOSED ZONING CHANGE — PUD 62 2001 — ZONING CHANGE — PUD 56 2005 — PROPOSED CHANGE TO ZONING MAP PROVIDENT CROSSINGS Permitted Uses Prohibited Uses EXISTING PUD 37 Business Park uses, including but not limited to: • office • office /warehouse • research and development • technical schools • light manufacturing and assembly Business Park secondary uses, including but not limited to: • caretakers' residence • the sale of goods produced or assembled on site • day care for employee services related to the site Local Commercial Services (C -2), as defined in the Code, including but not limited to: • pharmacies • dry cleaning pick -up services • shoe repair services • beauty and barber shops • convenience stores • fitness studios • tailor shops • automotive and machinery repair • automotive rental and sales • automotive washes • wrecking yards • sexually oriented businesses • transmission and communication towers • trucking terminals • truck repair • bulk distribution centers • mini- warehouses EXISTING PUB 36 Business Park uses, including but not limited to: • office • office/warehouse • research and development • technical schools • light manufacturing and assembly Business Park secondary uses, including but not limited to: • caretakers' residence • the sale of goods produced or assembled on site • day care for employee services related to the site • automotive and machinery repair • automotive rental and sales • automotive washes • wrecking yards • sexually oriented businesses • transmission and communication towers • trucking terminals • truck repair • bulk distribution centers • mini- warehouses PROPOSED PUD 62 All C -1 (General Commercial) uses identified in the City of Round Rock Zoning Ordinance except for the uses listed under "Prohibited Uses." • self - standing wireless transmission towers and facilities • mini- warehouses • flea markets • sexually oriented businesses • portable buildings sales, except as incidental to other retail sales • outdoor amusement park or carnival • wholesale nurseries • recreational vehicle parks • outdoor shooting ranges 1 PROVIDENT CROSSINGS 2 • flea markets • portable building sales • amusement parks or carnivals • campgrounds • recreational vehicle parks • outdoor shooting ranges • kennels • video arcades • bars and taverns • billiard parlors • tattoo parlors • donation centers • flea markets • portable building sales • amusement parks or carnivals • campgrounds • recreational vehicle parks • outdoor shooting ranges • kennels • video arcades • bars and taverns • billiard parlors • tattoo parlors • donation centers • pawn shops • heavy equipment sales • kennels (but not prohibiting pet shops and veterinary clinics without overnight facilities) • R.V., boat or vehicle sales • auto service facilities • auto repair, body and paint shops • truck stops • wrecking yards • bulk distribution centers • campgrounds • tattoo parlors • donation centers • video arcades • bars and taverns • fast food restaurants with drive -thrus • billiard parlors Outdoor Storage Screened. Screened. Screened. Design Standards None. None. Prohibited building materials. 100% masonry. Pitched roofs. Density One acre minimum One acre minimum One half (1/2) acre minimum Building Setbacks • Front: 50 ft. • Side (internal): 25 ft. • Side (street): 50 ft. • Rear: 25 ft. • Front: 50 ft. • Side (internal): 25 ft. • Side (street): 50 ft. • Rear: 25 ft. • Western Boundary 113 ft. • Front: 30 ft. • Side (internal): 10 ft. • Side (street): 30 ft. • Rear: 25 ft. • Western Boundary (northernmost 320 ft.): 25 ft. • Western Boundary (remainder): 100 ft. PROVIDENT CROSSINGS 2 Height Three Stories (45 ft.). • One Story (20 ft.) within 113 -150 ft. of residential property line. • Two Stories (30 ft.) within 150 -200 ft. of residential property line. • Three Stories (45 ft.) within 200 ft. or more of residential property line. • One Story (20 ft.) within 100 -150 ft. of residential property line. • Two Stories (30 ft.) within 150 -200 ft of residential property line. • Three Stories (45 ft.) within 200 ft. or more of residential property line. Signs • Monument signs only. • 6 ft. max height. • 50 square feet max area. • Monument signs only. • 6 ft. max height. • 50 square feet max area. • Monument signs only • 6 ft. max height. • 50 square feet max area. Landscaping • 40 ft. landscape berm in front yard. • Wood fence abutting residential property line. • 40 ft. landscape berm in front yard. • 50 ft. landscape buffer on western boundary. • 20 ft. landscape easement plus 10 ft. public utility easement in front yard. • 15 ft. landscape buffer on northernmost 320 ft. of western boundary. • 50 ft. landscape buffer on remainder of western boundary. Parking Per Code. Per Code. Per Code. Lighting • 30 ft. max height. • Hooded and shielded. • 20 ft. max height within 150 ft. of residential property line. • 30 ft. max height everywhere else. • Hooded and shielded. • 20 ft. max height within 150 ft. of residential property line. • 30 ft. max height everywhere else. • Hooded and shielded. Dumpsters & Mechanical Equipment Screened. Screened. Screened. Service & Loading Areas No mention. No mention. Screened. Utilities Underground. Underground. Underground. Driveway Throat Length No mention. No mention. 100 ft. minimum. PROVIDENT CROSSINGS 3