Z-05-05-26-11D3 - 5/26/2005 (2)Mayor
Nyle Maxwell
Mayor Pro-tem
Alan McGraw
Council Members
Tom Nielson
Joe Clifford
Scot Knight
Scott Rhode
Gary Coe
City Manager
James R. Nuse, P.E.
City Attorney
Stephan L. Sheets
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
June 3, 2005
ADMINISTRATIVE AMENDMENT TO PUD# 59
Mr. Milo Burdette
Vice President of Development
Barshop & Oles Company
801 Congress Ave., Suite 300
Austin, TX 78701
ii ``ii AIIEN
11111111111111111111111111111 y PGS
RE: Administrative Amendment to PUD 59, uses and design standards
Dear Mr. Burdette:
2005043038
As we discussed, due to a clerical error, Parcels 2 and 3 of PUD 59 ( "the Barshop
PUD ") do not match Parcels 2 and 3 of PUD 60 ( "the Simon PUD "). The intent
of all involved parties (the City, Barshop & Oles and Simon/Chelsea Property
Group) has been to ensure that the uses and development standards outlined for
Parcels 2 and 3 in the Barshop PUD mirror the uses and development standards
outlined for Parcels 2 and 3 in the Simon PUD. This intent has also been
publicly presented to both the Planning and Zoning Commission and the City
Council.
In order to correct the oversight and ensure consistency between the two PUD's, I
have made the following administrative amendment as provided for by section
13.1 of the Development Plan contained in PUD 59:
1. In ExhibitD -3, Uses and Development Standards for Parcel 3, under
"Permitted Uses ", "Retail Sales and Services" has been replaced with
the following:
• Retail Sales
• Retail Services, which shall be limited to the following:
o Florist
o Cleaners (drop -off and pick -up only)
o Hair Salon
o Alteration Shop (Tailor)
o Copy Business Center
o Athletic or health club
2. In Exhibit D -2, Uses and Development Standards for Parcel 2, under
CITY OF ROUND ROCK PLANNING AND COMMUNITY DEVELOPMENT lot W. Bagdad, Suite 210 • Round Rock, Texas 78664
Phone: 512.218.5428 • Fax: 512.218.3286 • www.ci.round- rock.tx.us
Sincerely,
T tendebach, AICP
irector of Planning
Daniel L. Halden, P.E.
City Engineer
"Permitted Uses ", "Retail Sales and Services" has been replaced with
the following:
• Retail Sales
• Retail Services, which shall be limited to the following:
o Florist
o Cleaners (drop -off and pick -up only)
o Hair Salon
o Alteration Shop (Tailor)
o Copy Business Center
o Athletic or health club
3. In Exhibit D -2, Uses and Development Standards for Parcel 2, under
"Design Standards ", the following line has been added:
The Design Standards for a theater /cinema use shall generally be in
accordance with the attached Exhibit "I ".
4. Exhibit "P', attached to this document, has been included in the PUD.
With these changes, the only remaining differences between Parcels 2 and 3 of
the Barshop PUD and Parcels 2 and 3 of the Simon PUD will be (1) the
allowance for outdoor entertainment in the "community plaza" provided for in
the Simon PUD but not the Barshop PUD (the "community plaza" is located only
in the Simon PUD), and (2) the allowance for hotels provided for in the Barshop
PUD but not in the Simon PUD (the proposed hotel site is located only in the
Barshop PUD).
Because the Barshop PUD approved by the Round Rock City Council on May26,
2005, did not include the owner's signature (due to the timing of the land
transactions), the changes referenced above will be incorporated into the final
version that is signed and recorded subsequent to the purchase of the property by
Chandler IH 35 Retail, Ltd. The Mayor will re -sign the ordinance with full
knowledge of these changes.
2.
Charles Cross ld
City Attorney
THE STATE OF TEXAS
§
COUNTY OF WILLIAMSON §
BEFORE ME, the undersigned authority, on this day personally appeared Jun
Stendebach, known to me to be the person whose name is subscribed to the foregoing
instrument as the Director of Planning of the City of Round Rock, Texas, a municipal
corporation, and he acknowledged to me that he executed the same for the purposes and
considerations therein expressed, in the capacity therein stated.
IVEN MY HAND AND SEAL OF OFFICE, this the day of
• No(fry Public Signature
��gTFeFrt:�P� State of Texas
THI`'lil-T • ^,ii:• 'CAS
rgllsy�n ��
COUNTY OF WILLIAMSON §
BEFORE ME, the undersigned authority, on this day personally appeared Daniel L.
Halden, known to me to be the person whose name is subscribed to the foregoing
instrument as the City Engineer of the City of Round Rock, Texas, a municipal
corporation, and he acknowledged to me that he executed the same for the purposes and
considerations therein expressed, in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 6;' day of
u-
-5 v MIANNE A. HALEY
Notary Public. State of Texas
i,. My Commission Expires
„ December 23, 2007
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
BEFORE ME, the undersigned authority, on this day personally appeared Charles
Crossfield, known to me to be the person whose name is subscribed to the foregoing
instrument as City Attorney of the City of Round Rock, Texas, a municipal corporation,
and he acknowledged to me that he executed the same for the purposes and
considerations therein expressed, in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
l ai�L, , 2005.
KATHY GREEN
MY COMMISSION EXPIRES
July 26, 2007
Notary Purlic Si: -tore
State of Texas
4E.ti
otary Public Signature
State of Texas
RECORDERS MEMORAND
All or parts of the text on this page was not
dearly legible for satisfactory recordation
AGREED TO BY OWNER:
CHANDLER IH 35 RETAIL, LTD.,
a Texas limited partnership
By: B &O Development G.P., L.L.C., a Texas limited liability
company, its general partner
By:
C. Patrick Oles, Jr., President
THE STATE OF TEXAS §
COUNTY OF TRAVIS §
BEFORE ME, the undersigned authority, on this day personally appeared C. Patrick
Oles, known to me to be the person whose name is subscribed to the foregoing
instrument as President of B &O Development G.P., L.L.C., a Texas limited
liability company, and he acknowledged to me that he executed the same for the
purposes and considerations therein expressed, in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
Vutti? , 2005.
,$ ; .. Heather Birdsell
f '' ., IJptar y Publ Slate of Texas
; My Commission Expires
JULY 02, 2005
1
4.
rcLs Q C
Notary Public Signature
State of Texas
EXHIBIT I: THEATER/CINEMA DESIGN AND SIGNAGE
Please return to:
Kathy Miller
CU City of Round Rock
301 W. Bagdad #210
Round Rock, TX 78664
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2005043038
0 6/08/2005 12:47 PM
DIARY $24.00
NANCY E. RISTER, COUNTY CLERK
IJILLIAMSON COUNTY, TEXAS
@PFDesk[op \:; OD1A /WOALDOY. /0: /WDOX /OADINANC /05052603. WPD /cdc
ORDINANCE NO. 2- 05 - 052s -111)3
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 50.154 ACRES OF
LAND, OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO.
212, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM
DISTRICT PUD NO. 37 (PLANNED UNIT DEVELOPMENT) TO
DISTRICT PUD NO. 59 (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 50.154 acres of land, out of the Ephraim Evans Survey,
Abstract No. 212, in Round Rock, Williamson County, Texas, being
more fully described in Exhibit "A" attached hereto, from District
PUD No. 37 (Planned Unit Development) to District PUD No. 59
(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
described in Exhibit "A" be zoned District PUD No. 59 (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. 59 (Planned Unit Development).
H.
That the City Council has hereby determined that PUD No. 59
meets the following goals and objectives:
(1) The development in PUD No. 59 is equal to or superior to
development that would occur under the standard ordinance
requirements;
(2) PUD No. 59 is in harmony with the general purposes,
goals, objectives and standards of the General Plan;
2.
(3) PUD No. 59 does not have an undue adverse effect upon
adjacent property, the character of the neighborhood,
traffic conditions, parking, utilities or any other
matters affecting the public health, safety and general
welfare;
(4) PUD No. 59 will be adequately provisioned by essential
public facilities and services including streets,
parking, drainage, water, wastewater facilities, and
other necessary utilities; and
(5) PUD No. 59 will be constructed, arranged and maintained
so as not to dominate, by scale and massing of
structures, the immediate neighboring properties or
interfere with their development or use in accordance
with any existing zoning district.
III.
That the Official Zoning Map adopted in Section 11.305(2),
Code of Ordinances (1995 Edition), City of Round Rock, Texas, is
hereby amended so that:
(i) the zoning classification of the property described
in Exhibit "A", is hereafter designated as Planned
Unit Development No. 59, and the Mayor is hereby
authorized and directed to enter into the Agreement
and Development Plan for PUD No. 59, attached
hereto as Exhibit "B ", which agreement shall govern
the development and use of said property.
Iv.
That 3.139 acres of real property, as described in Exhibit C -4
of the Agreement and Development Plan shall be dedicated to the
City of Round Rock free of all monetary liens, with the first plat
of Parcel 1. If said right -of -way is not dedicated as stated in
the Agreement and Development Plan, the zoning applicable to Parcel
1. shall automatically revert back to the zoning classification
applicable to Parcel 1 immediately prior to the effective date of
this ordinance. Further, the owner of Parcel 1 shall dedicate
right -of -way for the widening of Chandler Road and a wastewater
lien easement, both as shown in Exhibit "H" in the Agreement and
3.
Development Plan, with six (6) months after the effective date of
this ordinance. If said right -of -way and wastewater easement are
not dedicated within said six month period, then the zoning
applicable to Parcel 1 shall automatically revert back to the
zoning classification applicable to Parcel 1 immediately prior to
the effective date of this ordinance.
V.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
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.
� REA � D, PASSED, and ADOPTED on first reading this � day
,�
of 1 i I()—L ■ , 2005.
4.
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.
ATTEST:
iL1. ytcrytk) 2 . Nal LuR
CHRISTINE R. MARTINEZ, City Secret
'Y* WE r 1'".y
N
it .f Round Rock, Texas
5.
50.154 ACRES
SCOTT & WHITE TRACT
IH -35 & CHANDLER ROAD
EXHIBIT
"A„
DESCRIPTION
FN. NO. 05- 116(CAG)
FEBRUARY 18, 2005
BPI JOB NO. 392 -37
OF A 50.154 ACRE TRACT OF LAND OUT OF THE EPHRAIM EVANS SURVEY,
ABSTRACT NO. 212, SITUATED IN WILLIAMSON COUNTY, TEXAS BEING ALL
OF LOT 1, BLOCK A, FIRST LIMITED ADDITION, A SUBDIVISION OF
RECORD IN CABINET 0, SLIDES 22 -23 OF THE PLAT RECORDS OF
WILLIAMSON COUNTY, TEXAS, AND ALSO BEING A PORTION OF THAT
CERTAIN 74.590 ACRE TRACT OF LAND CONVEYED TO SCOTT & WHITE
MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY FOUNDATION BY
DEED OF RECORD IN DOCUMENT NO. 9733254 OF THE OFFICIAL RECORDS
OF WILLIAMSON COUNTY, TEXAS; SAID 50.154 ACRES BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING, at a 1/2 inch iron rod found in the easterly right -
of -way line of Interstate Highway 35 (R.O.W. varies), being the
southwesterly corner of that certain 132.28 acre tract of land
conveyed to ANC -Round Rock Assets II, LP by deed of record in
Document No. 2001001644 of the Official Public Records of
Williamson County, Texas, same being the northwesterly corner of
said 74.590 acre tract and hereof;
THENCE, N69 °15'57 "E, leaving the easterly line of Interstate
Highway 35, along a portion of the northerly line of said 74.590
acre tract, being in part the southerly line of said 132.28 acre
tract and in part a portion of the westerly line of that certain
107.44 acre tract of land conveyed to NNP- Teravista by deed of
record in Document No. 2001001639 of said Official Public
Records, for the northerly line hereof, passing at a distance of
1548.87 feet a 1/2 inch iron rod with cap found for the
southeasterly corner of said 132.28 acre tract, being an angle
point in the westerly line of said 107.44 acre tract, and
continuing for a total distance of 1609.98 feet to a 1/2 inch
iron rod with cap set in the curving easterly right -of -way line
of future Oakmont Drive (100' R.O.W.) for the northeasterly
corner hereof, from which a 1/2 inch iron rod found, being the
northeasterly corner of said 74.590 acre tract, same being an
angle point in the westerly line of said 107.44 acre tract bears
N69 °15'57 "E, a distance of 1514.38 feet;
THENCE, leaving the westerly line of said 107.44 acre tract,
over and across said 74.590 acre tract, along the easterly
right -of -way line of future Oakmont Drive for the easterly line
hereof, the following three (3) courses and distances:
1) Along a non - tangent curve to the left having a radius of
2200.00 feet, a central angle of 23 °28'12 ", an arc length
of 901.18 feet, and a chord which bears S08 °58'06 "E, a
distance of 894.89 feet to a 1/2 inch iron rod with cap set
for the point of tangency;
FN 05- 116(CAG)
FEBRUARY 18, 2005
PAGE 2 OF 2
2) S20 °42'11 "E, a distance of 436.20 feet to a 1/2 inch iron
rod with cap set for an angle point;
3) S65 °42'54 "E, along a right -of -way cutback at the
intersection of future Oakmont Drive and Chandler Road
(R.O.W. varies), a distance of 35.35 feet to a 1/2 inch
iron rod with cap set for the southeasterly corner hereof,
being in the northerly right -of -way line of Chandler Road
and the southerly line of said 74.590 acre tract from which
a 1/2 inch iron rod found in the northerly right -of -way
line of Chandler Road, being the southeasterly corner of
said 74.590 acre tract, same being the southwesterly corner
of said 107.44 acre tract bears N69 °17'01 "E, a distance of
1575.90 feet;
THENCE, along the northerly right -of -way line of Chandler Road,
being the southerly and a portion of the westerly line of said
74.590 acre tract, for a portion of the southerly line hereof,
the following two (2) courses and distances:
1) S69 °17'01 "W, a distance of 763.18 feet to a cotton gin
spindle found for the southwesterly corner of said 74.590
acre tract for an angle point hereof;
2) N20 °43'37 "W, a distance of 20.06 feet to a 1/2 inch iron rod
found for an angle point hereof, being the southeasterly
corner of said Lot 1;
THENCE, S69 °17'30 "W, leaving the westerly line of said 74.590
acre tract, continuing along the northerly right -of -way line of
Chandler Road, being the southerly line of said Lot 1 for a
portion of the southerly line hereof, a distance of 934.24 feet
to a 1/2 inch iron rod with cap found for the southwesterly
corner of said Lot 1 and hereof, being in the easterly right -of-
way line of Interstate Highway 35;
THENCE, leaving the northerly right -of -way line of Chandler
Road, along the easterly right -of -way line of Interstate Highway
35, being the westerly line of said Lot 1 and a portion of the
westerly line of said 74.590 acre tract for the westerly line
hereof, the following three (3) courses and distances:
1) N22 °52'19 "W, a distance of 330.08 feet to a concrete highway
monument found at the point of curvature of a curve to the
right;
2) Along said curve to the right having a radius of 1095.90
feet, a central angle of 20 °51'40 ", an arc distance of
399.01 feet and a chord which bears N12 °29'06 "W, a distance
of 396.81 feet to a concrete highway monument found for the
end of said curve;
FN 05- 116(CAG)
FEBRUARY 18, 2005
PAGE 3 OF 3
3) NO2 °04'48 "W, a distance of 626.96 feet to the POINT OF
BEGINNING, containing an area of 50.154 acres (2,184,720
square feet) of land, more or less, within these metes and
bounds.
BEARING BASIS: REFERENCED TO THE TEXAS STATE PLANE COORDINATE
SYSTEM, CENTRAL ZONE BASED ON PUBLISHED NAD 83/93 HARN VALUES
FOR THE CITY OF GEORGETOWN MONUMENTATION NETWORK.
I, JOHN T. BILNOSKI, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO
HEREBY CERTIFY THAT THE PROPERTY DESCRIBED HEREIN WAS DETERMINED
BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND
SUPERVISION. A SURVEY EXHIBIT WAS PREPARED TO ACCOMPANY THIS
DESCRIPTION.
BURY & PARTNERS, INC.
ENGINEERS AND SURVEYORS
3345 BEE CAVES ROAD, SUITE 200
AUSTIN, TEXAS 78746
JOHN T BILNOSKI
R.P.L. . #4998
STATE •F TEXAS
No.
Bearing
Distance
L1
S20'42'11 "E
436.20'
L2
S65'42'54 "E
35.35'
L3
N20'43'37 "W
20.06'
L4
N22'52'19 "W
330.08'
L5
NO2'04'48 "W
626.96'
L6
N69'15'57 "E
1514.38'
L7
N6917'01 "E
1575,90'
No.
Delto
Rodius
Arc Length
Chord Length
Chord Bearing
S08'58'06 "E
C1
23'28'12"
2200,00
901.18
894.89
C2
20'51'40"
1095.90
399.01
396,81
N12'29'06 "W
•
0
•
P.0.8
P.O.B.
VICINITY MAP
N.T.S. 132.28 ACRES ANC —ROUND ROCK ASSETS 11, LP
DOC. NO. 2001001644
N69'15'57 "E 1609.98'
Z _ _ QEED
50.154 ACRES
(2184, 720 S0. FT)
LOT 1, BLOCK A
FIRST LIMITED ADDITION
CAB. 0, SL D. 22 —.23
SCOTT, SHERWOOD AND
BRINDLEY FOUNDATION
DOC. NO. 9700732
LEGEND
S69'17'30 "W 934.24'
1/2 " IRON ROD FOUND (UNLESS NOTED)
1/2" IRON ROD SET WITH CAP
CONCRETE MONUMENT FOUND
POINT OF BEGINNING
BARSHOP & OLES
1 2 Bury Partners
Consulting Engineers and Surveyors
A,p40,Tene Tel 5I2/320 -0011 N. BI2/320 -0325
Bury.P.rpoeR IM. Ofuprifht 2004
DATE:02 /18/05
0 150 300 600
SCALE: 1"= 300'
1548.87
COTTON SPINDLE
MCNEIL CONSUMER
PRODUCTS CO.
VOL. 657, PG. 559
CURVE TABLE
LINE TABLE
b
74.590 ACRES
SCOTT & WHITE
MEMORIAL HOSPITAL 1
AND SCOTT, I La
SHERWOOD AND I
BRINDLEY
FOUNDATION I r z
DOC. NO. 9733254 1 0
cc
O
W
I
J
CHANDLER ROAD L3 S69'17 01 W 763.18'
(R.O.W. VARIES)
LOT I
OAKMONT O PROVIDEN
CENTRE DEV. CO.
SEC. 2 O
/ 07/44 ACRES
NNW— TERAVISTA
/DOC. NO.
20010/163
LOT 1
OAKMONT
CENTRE
SEC. 4
SKETCH TO ACCOMPANY DESCRIPTION
OF 50.154 ACRES OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212,
SITUATED IN WILLIAMSON COUNTY, TEXAS BEING A PORTION OF THAT CERTAIN 74,590 ACRE
TRACT OF LAND CONVEYED TO SCOTT AND WHITE MEMORIAL HOSPITAL AND SCOTT,
SHERWOOD AND BRINDLEY FOUNDATION BY DEED OF RECORD IN DOCUMENT NO. 9733254 OF
THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. AND ALL OF LOT 1, BLOCK
A, FIRST LIMITED ADDITION, A SUBDIVISION OF RECORD IN CABINET 0, SLIDES 22 -23 OF THE
PLAT RECORDS OF WLLIAMSON COUNTY. TEXAS
FILE: H: \392 \37 \39237EX1B.dwg I EN, No.:05- 116(CAG) I DRAWN BY:CAG IPROJ. No: 392 -37
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
AGREEMENT AND DEVELOPMENT PLAN
CHANDLER/I -35 RETAIL, LTD. PUD
PLANNED UNIT DEVELOPMENT NO. 59
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 Chandler /I -35 Retail, Ltd., a Texas limited
partnership, having its offices at 801 Congress, Suite 300, Austin, Texas 78701 (hereafter
referred to as the "Owner "). For purposes of this Agreement, the term Owner shall
mean Chandler/ 1-35 Retail, Ltd., its respective successors and assigns; provided,
however, upon sale, transfer or conveyance of portions of the hereinafter described
property, the duties and obligations of the Owner, as it relates to the respective
property, shall be assumed by the new owner, and the Owner shall have no further
liability relating to their respective property.
WHEREAS, the Owner is the owner of certain real property consisting of approximately
50.154 acres, as more particularly described in Exhibit "A ", (herein after referred to as
the "Property") attached hereto and made a part hereof.
WHEREAS, The Owner has submitted a request to the City to rezone the Property as a
Planned Unit Development (the "PUD ").
WHEREAS, pursuant to Chapter 11, Section 11.314, Code of Ordinances (1995 Edition),
City of Round Rock, Texas, the Owner has submitted a Development Plan setting forth
the development conditions and requirements within the PUD, which Development
Plan is contained in Section II of this Agreement; and
WHEREAS, the City has held two public hearings required by law to solicit input from
all interested citizens and affected parties; and
WHEREAS, on March 16, 2005, the City's Planning and Zoning Commission
recommended approval of the Owner's application for a PUD; and
WHEREAS, the City Council has reviewed the proposed Development Plan and
determined that it promotes the health, safety, and general welfare of the citizens of
Round Rock and that it complies with the intent of the Planned Unit Development
1.
EXHIBIT
1
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 Owner agree as follows:
GENERAL PROVISIONS
1. CONFORMITY WITH DEVELOPMENT PLAN
That all uses and development within the Property shall conform to the Development
Plan included in Section II herein.
2. CHANGES AND MODIFICATIONS
No changes or modifications will be made to this Agreement or the Development Plan
unless all provisions pertaining to changes or modifications as stated in Section II.13
below are followed.
3. ZONING VIOLATION
Owner understands that any person, firm, corporation or other entity violating any
conditions or terms of the Development Plan shall be subject to any and all penalties for
the violation of any zoning ordinance provisions as stated in Section 1.601, Code of
Ordinances, (1995 Edition), City of Round Rock, Texas, as amended.
4. LIEN HOLDER CONSENT
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 ", attached hereto and incorporated herein.
5. MISCELLANEOUS PROVISIONS
I.
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
Owner from selling or leasing the Property or portions of the Property, together
with all development rights and obligations contained in this Agreement and
2.
Development Plan. No consent shall be required in connection with such sale 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 of this Agreement are deemed invalid,
illegal or unenforceable in any respect such invalidity, illegality or
unenforceability shall not affect any other provisions of this Agreement and in
such event, this Agreement shall be construed as if such invalid, illegal or
unenforceable provision had never been contained in this Agreement.
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.
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 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
3.
This Agreement may be executed in duplicate original, each of equal dignity.
5.9 Notices
Until changed by written notice thereof any notice required under this
Agreement may be given to the respective parties, by certified mail, postage
prepaid or by hand delivery to the address of the other party shown below:
OWNER
Chandler /I -35 Retail, Ltd.
c/o Barshop & Oles
801 Congress Avenue, Suite 300
Austin, Texas 78701
Attn: Milo Burdette
5.10 Effective Date
5.11 Appeal of Administrative Decisions
5.12 Binding Effect
1. DEFINITIONS
II.
DEVELOPMENT PLAN
4.
CITY OF ROUND ROCK
City of Round Rock, Texas
221 East Main Street
Round Rock, Texas 78664
Attn: Director of Planning
This Agreement shall be effective from and after the date of due execution hereof
by all parties.
Administrative decisions provided for in this Agreement may be appealed to the
City Council in writing within ninety (90) days following receipt by Owner of the
written confirmation of the decision.
This Agreement and the Development Plan binds and benefits the Owner and its
successors and assigns.
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 ( "Plan ") covers approximately 50.154 acres of land, located
within the city limits of Round Rock, Texas, and more particularly described by metes
and bounds in Exhibit "A ". For the purpose of assigning land use and development
standards, the Property has been divided into development parcels, as shown in
Exhibit "C".
3. PURPOSE
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 effect
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. In the event of a conflict, the terms of this
Agreement shall control.
PERMITTED USES
The Property shall be used and developed for the uses as shown in Exhibits "D - ", "D-
2" and "D - 3 ".
5.
6. DEVELOPMENT STANDARDS
The Property shall be developed in accordance with the development standards set
forth in Exhibits "D - ", "D - 2" and "D - ", attached hereto, as applicable to each parcel
and its designated use.
7. 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, installed by or at the request of Owner, shall be placed underground to
connecting points provided by the service provider. All transformers must be visually
screened.
8. DRIVEWAY ACCESS
Driveway access shall be regulated in accordance with the Traffic Impact Analysis
approved by the City's Director of Transportation Services.
9. DRIVEWAY THROAT LENGTH
All driveways shall provide a minimum driveway throat of 100 feet, except the
northernmost driveway on Oakmont Drive (providing access to the rear of the retail
buildings) shall provide a minimum driveway throat of 50 feet. No parking spaces or
internal access drives shall intersect with access driveways within this 100 -foot or 50-
foot, as applicable, throat. Throat length shall be measured from the property line along
the street right -of -way.
10. RIGHT - OF - WAY AND EASEMENT DEDICATIONS
The required right -of -way for the proposed Oakmont Drive shall be dedicated or cause
to be dedicated to the City, free of all monetary liens, with the final plat for Parcel 1, or
pursuant to an agreement or agreements by and between the City of Round Rock and
Simon Property Group (Texas), L.P. The right -of -way to be dedicated shall be in
accordance with the metes and bounds description shown in Exhibit "C ". If said
right -of -way is not dedicated in accordance with this section, the zoning applicable to
Parcel 1 shall automatically revert back to the zoning classification applicable to Parcel 1
immediately prior to the effective date of the ordinance to which this agreement is an
exhibit.
If the owner of Parcel 1 has not both (i) dedicated right -of -way for the widening of
Chandler Road in the area shown on Exhibit "H" attached hereto, and (ii) granted to
6.
the City a wastewater line easement in the area shown on Exhibit "H" attached hereto,
within six (6) months after the date of this ordinance, then the zoning applicable to
Parcel 1 shall automatically revert back to the zoning classification applicable to Parcel 1
immediately prior to the effective date of this ordinance.
Further, Owner shall construct, or cause to be constructed, at least two lanes of
Oakmont Drive within the right -of -way described above, along with associated
roadway improvements, including a pro -rated share of costs of construction of the
traffic signal at the intersection of Oakmont Drive and Chandler Road, when and if said
signal is required. Owner shall also pay a pro -rated share of the traffic signal at the
intersection of Chandler Road and the driveway to Parcel 1. This payment shall be
made to the City within thirty (30) days of a receipt of a written request from the City
that warrants have been met justifying the construction of said signal.
11. STREETSCAPE
The streetscape for Oakmont Drive shall be landscaped substantially in accordance with
Exhibits "F -1" and "F -2 ". Street medians and streetside planting areas for Oakmont
Drive shall have a minimum of two (2) large trees and three (3) small trees for every one
hundred (100) linear feet.
Street trees for Oakmont Drive shall be irrigated by a permanent automatic irrigation
system constructed to current City standards by the Owner.
12. WATER FEATURES
The perimeter of the water feature area in Parcel 3, as identified on the Parcel Map
attached to this ordinance as Exhibit "C ", abutting the IH -35 frontage road shall have,
on average, large trees spaced a minimum of fifty (50) feet on center and one (1) small
tree spaced a minimum of thirty (30) feet on center. Additionally, pedestrian paths
(minimum of six (6) feet wide) shall be provided to connect the proposed structures
along the south side of the water feature to the walking trails and community plaza
along the eastern side.
Unless expressly approved by the Director of Planning, the design of the water features
in Parcels and 1 and 3 shall make reasonable efforts to preserve and accommodate
existing trees in the pond area.
13. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN
13.1 Minor Changes
7.
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 Community
Development, and the City Attorney.
13.2 Major Changes
All changes not permitted under section 13.1 above shall be resubmitted
following the same procedure required by the original PUD application;
provided, however, that nothing herein or otherwise shall require an owner of a
portion of the Property (the "Rezoning Owner ") to obtain the consent or
approval of any other owner of a portion of the Property for a change in zoning
(including amending this Agreement) as it applies to the land of the Rezoning
Owner.
14. CONCEPT PLAN APPROVED
Approval of this Agreement constitutes Concept Plan approval under the City
Subdivision Ordinance.
15. GENERAL PLAN 2000
This Agreement amends the Round Rock General Plan 2000, which was adopted on
June 10, 1999.
CHANDLER /I -35 RETAIL, LTD.,
a Texas limited partnership
By:
Its sole general partner
By:
Date:
8.
CITY OF ROUND ROCK, TEXAS
By:
Nyle Maxwell, Mayor
ATTEST:
By:
Christine Martinez, City Secretary
9.
LIST OF EXHIBITS
EXHIBIT DESCRIPTION
Exhibit "A" Metes and Bounds Description of Property
Exhibit "B" Lien Holder Consent
Exhibit "C" Development Parcels
Exhibit "C -1" Metes and Bounds Description of Parcel 1
Exhibit "C -2" Metes and Bounds Description of Parcel 2
Exhibit "C -3" Metes and Bounds Description of Parcel 3
Exhibit "C -4" Metes and Bounds Description of Oakmont Drive
Exhibit "D -1" Uses and Development Standards for Parcel 1
Exhibit "D -2" Uses and Development Standards for Parcel 2
Exhibit "D -3" Uses and Development Standards for Parcel 3
Exhibit "E" Reserved
Exhibit "F -1" Streetscape (Plan View)
Exhibit "F -2" Streetscape (Profile View)
Exhibit "G" Architecture
Exhibit "H" Right of Way and Easement Locations
10.
EXHIBIT A
METES AND BOUNDS DESCRIPTION OF PROPERTY
50.154 ACRES
SCOTT & WHITE TRACT
IH -35 & CHANDLER ROAD
DESCRIPTION
FN. NO. 05- 116(CAG)
FEBRUARY 18, 2005
BPI JOB NO. 392 -37
OF A 50.154 ACRE TRACT OF LAND OUT OF THE EPHRAIM EVANS SURVEY,
ABSTRACT NO. 212, SITUATED IN WILLIAMSON COUNTY, TEXAS BEING ALL
OF LOT 1, BLOCK A, FIRST LIMITED ADDITION, A SUBDIVISION OF
RECORD IN CABINET 0, SLIDES 22 -23 OF THE PLAT RECORDS OF
WILLIAMSON COUNTY, TEXAS, AND ALSO BEING A PORTION OF THAT
CERTAIN 74.590 ACRE TRACT OF LAND CONVEYED TO SCOTT & WHITE
MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY FOUNDATION BY
DEED OF RECORD IN DOCUMENT NO. 9733254 OF THE OFFICIAL RECORDS
OF WILLIAMSON COUNTY, TEXAS; SAID 50.154 ACRES BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING, at a 1/2 inch iron rod found in the easterly right -
of -way line of Interstate Highway 35 (R.O.W. varies), being the
southwesterly corner of that certain 132.28 acre tract of land
conveyed to ANC -Round Rock Assets II, LP by deed of record in
Document No. 2001001644 of the Official Public Records of
Williamson County, Texas, same being the northwesterly corner of
said 74.590 acre tract and hereof;
THENCE, N69 °15'57 "E, leaving the easterly line of Interstate
Highway 35, along a portion of the northerly line of said 74.590
acre tract, being in part the southerly line of said 132.28 acre
tract and in part a portion of the westerly line of that certain
107.44 acre tract of land conveyed to NNP- Teravista by deed of
record in Document No. 2001001639 of said Official Public
Records, for the northerly line hereof, passing at a distance of
1548.87 feet a 1/2 inch iron rod with cap found for the
southeasterly corner of said 132.28 acre tract, being an angle
point in the westerly line of said 107.44 acre tract, and
continuing for a total distance of 1609.98 feet to a 1/2 inch
iron rod with cap set in the curving easterly right -of -way line
of future Oakmont Drive (100' R.O.W.) for the northeasterly
corner hereof, from which a 1/2 inch iron rod found, being the
northeasterly corner of said 74.590 acre tract, same being an
angle point in the westerly line of said 107.44 acre tract bears
N69 °15'57 "E, a distance of 1514.38 feet;
THENCE, leaving the westerly line of said 107.44 acre tract,
over and across said 74.590 acre tract, along the easterly
right -of -way line of future Oakmont Drive for the easterly line
hereof, the following three (3) courses and distances:
1) Along a non - tangent curve to the left having a radius of
2200.00 feet, a central angle of 23 °28'12 ", an arc length
of 901.18 feet, and a chord which bears S08 °58'06 "E, a
distance of 894.89 feet to a 1/2 inch iron rod with cap set
for the point of tangency;
FN 05- 116(CAG)
FEBRUARY 18, 2005
PAGE 2 OF 2
2) S20 °42'11 "E, a distance of 436.20 feet to a 1/2 inch iron
rod with cap set for an angle point;
3) S65 °42'54 "E, along a right -of -way cutback at the
intersection of future Oakmont Drive and Chandler Road
(R.O.W. varies), a distance of 35.35 feet to a 1/2 inch
iron rod with cap set for the southeasterly corner hereof,
being in the northerly right -of -way line of Chandler Road
and the southerly line of said 74.590 acre tract from which
a 1/2 inch iron rod found in the northerly right -of -way
line of Chandler Road, being the southeasterly corner of
said 74.590 acre tract, same being the southwesterly corner
of said 107.44 acre tract bears N69 °17'01 "E, a distance of
1575.90 feet;
THENCE, along the northerly right -of -way line of Chandler Road,
being the southerly and a portion of the westerly line of said
74.590 acre tract, for a portion of the southerly line hereof,
the following two (2) courses and distances:
1) S69 °17'01 "W, a distance of 763.18 feet to a cotton gin
spindle found for the southwesterly corner of said 74.590
acre tract for an angle point hereof;
2) N20 °43'37 "W, a distance of 20.06 feet to a 1/2 inch iron rod
found for an angle point hereof, being the southeasterly
corner of said Lot 1;
THENCE, 569 °17'30 "W, leaving the westerly line of said 74.590
acre tract, continuing along the northerly right -of -way line of
Chandler Road, being the southerly line of said Lot 1 for a
portion of the southerly line hereof, a distance of 934.24 feet
to a 1/2 inch iron rod with cap found for the southwesterly
corner of said Lot 1 and hereof, being in the easterly right -of-
way line of Interstate Highway 35;
THENCE, leaving the northerly right -of -way line of Chandler
Road, along the easterly right -of -way line of Interstate Highway
35, being the westerly line of said Lot 1 and a portion of the
westerly line of said 74.590 acre tract for the westerly line
hereof, the following three (3) courses and distances:
1) N22 °52'19 "W, a distance of 330.08 feet to a concrete highway
monument found at the point of curvature of a curve to the
right;
2) Along said curve to the right having a radius of 1095.90
feet, a central angle of 20 °51'40 ", an are distance of
399.01 feet and a chord which bears N12 °29'06 "W, a distance
of 396.81 feet to a concrete highway monument found for the
end of said curve;
FN 05- 116(CAG)
FEBRUARY 18, 2005
PAGE 3 OF 3
3) NO2 °04'48 "W, a distance of 626.96 feet to the POINT OF
BEGINNING, containing an area of 50.154 acres (2,184,720
square feet) of land, more or less, within these metes and
bounds.
BEARING BASIS: REFERENCED TO THE TEXAS STATE PLANE COORDINATE
SYSTEM, CENTRAL ZONE BASED ON PUBLISHED NAD 83/93 HARN VALUES
FOR THE CITY OF GEORGETOWN MONUMENTATION NETWORK.
I, JOHN T. BILNOSKI, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO
HEREBY CERTIFY THAT THE PROPERTY DESCRIBED HEREIN WAS DETERMINED
BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND
SUPERVISION. A SURVEY EXHIBIT WAS PREPARED TO ACCOMPANY THIS
DESCRIPTION.
BURY & PARTNERS, INC.
ENGINEERS AND SURVEYORS
3345 BEE CAVES ROAD, SUITE 200
AUSTIN, TEXAS 78746
JOHN T BILNOSKI
R.P.L.. #4998
STATE •F TEXAS
No.
Beorina
Distance
L1
S20'4211 "E
436.20'
L2
S65'42'54 "E
35.35'
L3
N20'43'37 "W
20.06'
L4
N22'52'19 "W
330.08'
L5
NO2'04'48 "W
626.96'
L6
N69'15'57 "E
1514.38'
L7
N69'17'01 "E
1575.90'
VICINITY MAP
N.T.S. 132.28
P.O.B.
M
LEGEND
DEED _LINE
50.154 ACRES
(2184, 720 SQ, FT.)
LOT 1, BLOCK A
FIRST LIMITED ADDITION
CAB. 0, SLD. 22 -23
SCOTT, SHERWOOD AND
BRINDLEY FOUNDATION
DOC. NO. 9700732
S69'17'30 "W 934.24'
MCNEIL CONSUMER
• 1/2" IRON ROD FOUND (UNLESS NOTED) PRODUCTS CO.
O 1/2" IRON ROD SET WITH CAP VOL. 657, PG. 659
• CONCRETE MONUMENT FOUND
P.0.8. POINT OF BEGINNING
BARSHOP & OLES
I ) Bury-Partners
Consu Engineers and Surveyors
Au lo,Mru 1.1 612/626-0611 Fu 612/528-69L5
2wFlhel.en 1.. .G6)t1AAl au
DATE :02 /18/05 'FILE: H: \392 \37 \39237EX16.dwg
0 150 300 600
SCALE: 1 "= 300'
1548.87'
CURVE TABLE
No.
C1
C2
Del to
2328'12"
20'51'40"
Radius
2200.00
1095.90
Arc Lenoth
901.18
399.01
Chord Lenalh
894.89
396.81
Chord Beorinq
508'58'06'E
NI 2'29'06"W
ACRES ANC —ROUND ROCK ASSETS II, LP
DOC. NO. 2001001644
N6915'57 "E 1609.98'
74.590 ACRES
SCOTT & WHITE
MEMORIAL HOSPITAL
AND SCOTT,
SHERWOOD AND
BRINDLEY
FOUNDATION
DOC. NO. 9733254
/ COTTON SPINDLE
CHANDLER ROAD L3 S69'17'01 "W 763.18'
I �
UNE TABLE
J
J c ' L7
LOT 1 PROVIDENT
DAKMON T
CENTRE
SEC. 2 I O
07(44 ACRES
NN H' —TERA V ISTA
/DOC. NO.
20010'
(R.O.W. VARIES)
DEV. CO.
L6
LOT 1
OAKMONT
CENTRE
SEC. 4
SKETCH TO ACCOMPANY DESCRIPTION
OF 50.154 ACRES OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212.
SITUATED IN WILLIAMSON COUNTY. TEXAS BEING A PORTION OF THAT CERTAIN 74,590 ACRE
TRACT OF LAND CONVEYED 70 SCOTT AND WHITE MEMORIAL HOSPITAL AND SCOTT,
SHERWOOD AND BRINDLEY FOUNDATION BY DEED OF RECORD IN DOCUMENT NO. 9733254 OF
THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AND ALL OF LOT 1, BLOCK
A, FIRST LIMITED ADDITION. A SUBDIVISION OF RECORD IN CABINET 0, SLIDES 22 -23 OF THE
PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS
IFN No.: 05- 116(CAG) IDRAWN BY:CAG IPROJ. No: 392 -37
THE STATE OF TEXAS
COUNTY OF WILLIAMSON §
ATTEST:
By:
Name:
Title:
STATE OF TEXAS
COUNTY OF WILLIAMSON §
EXHIBIT B
LIEN HOLDER CONSENT
That , acting herein by and through its duly authorized officers, being
the holder of a lien as evidenced by Deed of Trust recorded as Document No. of the
Official Records of Williamson County, Texas, does hereby consent to the Agreement and Development
Plan of 37.153 acres of land situated in Round Rock, Williamson County, Texas, and does further hereby
join, approve and consent to all provisions shown therein.
By:
Name:
Title:
This instrument was acknowledged before me on the day of , 2005
b of ,a
, on behalf of said
Notary Public, State of Texas
Commission Expires:
EXHIBIT C
DEVELOPMENT PARCELS
PARCEL 1
38.098 ACRES
(1.528.877 50 FT.)
SCALE: 1" = 300'
1) Bury +Partners
ENGINEERING SOLUTIONS
3345 Bee Caves Road, Suite 200
Austin, Texas 78746
Tel. (512)328 -0011 Fax (512)320 -0325
Burp-Partners, 130 ,Copyright 2005
DATE: 02/23/05 l SCALE: 1" 1
CHANDLER /I -35 RETAIL, LTD.
PUD #59
BARSHOP & OLES
DRAWN BY: SPIN FILE. G: \392 \37 \39237E20112
`t
DEVELOPMENT PARCELS
EXHIBIT C
PROJECT No.: 392 -37.10
EXHIBIT C -1
METES AND BOUNDS DESCRIPTION OF PARCEL 1
4
35.098 ACRES
SCOTT & WHITE TRACT
BARSHOP & OLES
DESCRIPTION
FN. NO. 05- 083(CAG)
FEBRUARY 5, 2005
BPI JOB NO. 392 -37
OF A 35.098 ACRE TRACT OF LAND OUT OF THE EPHRAIM EVANS SURVEY,
ABSTRACT NO. 212, SITUATED IN WILLIAMSON COUNTY, TEXAS, BEING A
PORTION OF THAT CERTAIN 74.590 ACRE TRACT OF LAND CONVEYED TO
SCOTT & WHITE MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY
FOUNDATION BY DEED OF RECORD IN DOCUMENT NO. 9733254 OF THE
OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND A PORTION OF
LOT 1, BLOCK A, FIRST LIMITED ADDITION, A SUBDIVISION OF RECORD
IN CABINET 0, SLIDES 22 -23 OF THE PLAT RECORDS OF WILLIAMSON
COUNTY, TEXAS; SAID 35.098 ACRES BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING, at a 1/2 inch iron rod found at the intersection of
the easterly right -of -way line of Interstate Highway 35 (R.O.W.
varies) and the northerly right -of -way line of Chandler Road
(R.O.W. varies), being the southwesterly corner of said Lot 1
and hereof;
THENCE, leaving the northerly right -of -way line of Chandler
Road, along the easterly line of Interstate Highway 35, being a
portion of the westerly line of said Lot 1, for a portion of the
westerly line hereof, the following two (2) courses and
distances:
1) N22 °52'19 "W, a distance of 330.08 feet to a concrete highway
monument found, being the point of curvature of a curve to
the right;
2) Along said curve to the right having a radius of 1095.90
feet, a central angle of 20 °18'17 ", an arc distance of
388.37 feet and a chord which bears N12 °45'48 "W, a distance
of 386.34 feet to a 1/2 inch iron rod with cap set for the
point of curvature of a non - tangent curve to the left, from
which a concrete highway monument found for the end of said
curve in the easterly line of Interstate Highway 35 bears
with the arc of said curve NO2 °19'58 "W, a chord distance of
10.64 feet;
FN 05- 083(CAG)
FEBRUARY 5, 2005
Page 2 of 4
THENCE, leaving the easterly right -of -way line of Interstate
Highway 35, over and across said Lot 1, and over and across said
74.590 acre tract, for the northerly line hereof, the following
nine (9) courses and distances:
1) Along said non - tangent curve to the left having a radius of
1274.94 feet, a central angle of 16 °53'49', an arc length of
375.99 feet and a chord which bears N74 °20'15 "E, a distance
of 374.62 feet to a 1/2 inch iron rod with cap set for the
end of said curve;
2) N20 °43'21 "W, a distance of 2.86 feet to a 1/2 inch iron rod
with cap set for the point of curvature of a curve to the
right;
3) Along said curve to the right having a radius of 430.00 feet,
a central angle of 60 °13'28 ", an arc length of 451.98 feet,
and a chord which bears N09 °23'23 "E, a distance of 431.46
feet to a 1/2 inch iron rod with cap set for the point of
curvature of a reverse curve to the left;
4) Along said reverse curve to the left having a radius of
770.00 feet, a central angle of 26 °45'31 ", an arc length of
359.61 feet, and a chord which bears N26 °07'22 "E, a distance
of 356.35 feet to a 1/2 inch iron rod with cap set for the
end of said curve;
5) S80 °00'18 "E, a distance of 182.14 feet to a 1/2 inch iron rod
with cap set for the point of curvature of a curve to the
right;
6) Along said curve to the right having a radius of 260.25 feet,
a central angle of 27 °15'46 ", an arc length of 123.83 feet,
and a chord which bears S66 °22'25 "E, a distance of 122.67
feet to a 1/2 inch iron rod with cap set for the point of
tangency;
7) S52 °44'31 "E, a distance of 153.59 feet to a 1/2 inch iron rod
with cap set for an angle point;
8) S74 °43'22 "E, a distance of 33.11 feet to a 1/2 inch iron rod
with cap set for an angle point;
FN 05- 083(CAG)
FEBRUARY 5, 2005
Page 3 of 4
9) N83 °17'48 "E, a distance of 382.83 feet to a 1/2 inch iron rod
with cap set for the point of curvature of a non - tangent
curve to the left, being in the westerly right -of -way line of
future Oakmont Drive (100' R.O.W.);
THENCE, continuing over and across said 74.590 acre tract, along
the westerly right -of -way line of future Oakmont Drive for the
easterly line hereof, the following two (2) courses and distances:
1) Along said non - tangent curve to the left, having a radius of
2300.00 feet, a central angle of 10 °57'26 ", an arc length of
439.86 feet, and a chord which bears 815 °13'28 "E, a distance
of 439.19 feet to a 1/2 inch iron rod with cap set for the
point of tangency;
2) S20 °42'11 "E, a distance of 436.23 feet to a 1/2 inch iron
rod with cap set for an angle point in the westerly line
hereof;
THENCE, S24 °17'06 "W, along a right -of -way cutback at the
intersection of future Oakmont Drive and Chandler Road, a
distance of 35.36 feet to a 1/2 inch iron rod with cap set for
the southeasterly corner hereof, being in the northerly right -of-
way line of Chandler Road, from which a 1/2 inch iron rod found
for the common southerly corner of said 74.590 acre tract and
that certain 107.44 acre tract of land conveyed to NNP- Teravista
LP by deed of record in Document No. 2001001639 of the Official
Public Records of Williamson County, Texas bears N69 °17'0l "E, a
distance of 1725.90 feet;
THENCE, along the northerly line of Chandler Road, being the
southerly and a portion of the westerly line of said 74.590 acre
tract, for a portion of the southerly line hereof, the following
two (2) courses and distances:
1) S69 °17'01 "W, a distance of 613.18 feet to a cotton gin
spindle found for an angle point;
2) N20 °43'37 "W, a distance of 20.06 feet to a 1/2 inch iron rod
found, being the southeasterly corner of said Lot 1;
FN 05- 083(CAG)
FEBRUARY 5, 2005
Page 4 of 4
THENCE, S69 °17'30 "W, leaving the westerly line of said 74.590
acre tract, continuing along the northerly line of Chandler
Road, being the southerly line of said Lot 1 for a portion of
the southerly line hereof, a distance of 934.24 feet to the
POINT OF BEGINNING, containing an area of 35.098 acres (1,528,877
sq. ft.) of land, more or less, within these metes and bounds.
BEARING BASIS: REFERENCED TO THE TEXAS STATE PLANE COORDINATE
SYSTEM, CENTRAL ZONE BASED ON PUBLISHED NAD 83/93 HARN VALUES
FOR THE CITY OF GEORGETOWN MONUMENTATION NETWORK
BURY +PARTNERS, INC.
ENGINEERS - SURVEYORS
3345 BEE CAVE ROAD
SUITE 200
AUSTIN, TEXAS 78746
JOHN BILNOSKI, R.P.
NO. 4'98
STATE OF TEXAS
No.
Delto
Rodius
Arc Length
Chord Length
Chord Beorinq
C1
20107"
1095.90
388.37
386.34
N12'45'48 "W
C2
16'53'49"
1274.94
375.99
374.62
N74'20'15 "E
C3
60'13'28"
430.00
451.98
431.46
N09'23'23 "E
C4
26'45'31"
770.00
359,61
356.35
N26107'22 "E
C5
2715'46"
260.25
123.83
122.67
S66'22'25 "E
C6
10'57'26"
2300.00
439.86
439.19
S15'13'28 "E
C7
00'33'23"
1095.90
10.64
10.64
NO2'19'58 "W
No.
Bearing
Distance
L1
N22'52'19 "W
330.08'
L2
N20'43'21 "W
2.86'
L3
S80'00'18 "E
182.14'
L4
S52'44'31 "E
153.59'
L5
S74'43'22 "E
33.11'
L6
N83'17'48 "E
382.83'
No.
Beorinq
Distance
L7
S20'42'11 "E
436.23'
L8
S24'17'06 "W
35.36'
L9
S69'17'01 "W
613.18'
L10
N20'43'37 "W
20.06'
L11
N6917'01 "E
1725.90
2
Z
h.
4
C7
VICINITY MAP
N. T. S.
lrj
C2
132.28 ACRES ANC —ROUND ROCK ASSETS II, LP
DOC. NO. 200 100 1 644
DEED L /N£
DEED /NE
^O
35.098 ACRES
(1,528,877 SO. FT.)
---L2
LOT 1, BLOCK A
FIRST LIMITED ADDITION
CAB. 0, SLD. 22 -23
SCOTT, SHERWOOD AND
BRINDLEY FOUNDATION
DOC. NO. 9700732
569•17'30 "W 934.24'
CHANDLER ROAD
BARSHOP & OLES
b Bury +Partners
Consulting Engineers and Surveyors
,1u,un,Tem Tel Ha/S26-00H ru 6I2/328 -O 25
Bur,IP"I.el Ix. Cowl* 0001
LINE TABLE
PO.B.
0
INM_
150 300 600
SCALE: 1"= 300'
MCNEIL CONSUMER
PRODUCTS CO.
VOL. 657, PG. 659
CURVE
y L9
L10 \COTTON SPINDLE
L6
}
74.590 ACRES
SCOrr & WHITE
MEMORIAL HOSPITAL
AND SCOTT,
SHERWOOD AND
BRINDLEY
FOUNDATION
DOC. NO. 9733254
(R.O.W. VARIES)
LOT 1
OAKMONT
CENTRE
SEC. 2
LINE TABLE
/ /
/ /
/ /
13 /
re I
/ 107.44 ACRES
NN/ TERAVISTA
DOC. NO.
/ / 9 0 n Ino 1639
LEGEND
W • 1 • 1/2" IRON ROD
E I FOUND (UNLESS NOTED)
I 0 1 /2" IRON ROD
SET WITH CAP
Q I
• CONCRETE MONUMENT
FOUND
I P.0.8. POINT OF B GINNING
0
CCI
I
L11
g PROVIDENT
1 DEV. CO.
0
LOT 1
OAKMONT
CENTRE
SEC. 4
SKETCH TO ACCOMPANY DESCRIPTION
OF 35.098 ACRES OF LANO OUT OF THE EPHRAIM EVANS SURVEY. ABSTRACT NO. 212.
SITUATED IN WILLIAMSON COUNTY, TEXAS BEING A PORTION OF THAT CERTAIN 74.590 ACRE
TRACT OF LAND CONVEYED TO SCOTT AND WHITE MEMORIAL HOSPITAL AND SCOTT.
SHERWOOD AND BRINDLEY FOUNDATION BY DEED OF RECORD IN DOCUMENT NO. 9733254 OF
THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AND A PORTION OF LOT 1.
BLOCK A, FIRST LIMITED ADDITION, A SUBDIVISION OF RECORD IN CABINET 0, SLIDES 22 -23
OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS
DATE:02 /08/05 I FILE: H: \392 \37 \39237E X7.dwg IFN No.:05- 083(CAG) IDRAWN BY:CAG I PROD. No: 392 -37
EXHIBIT C -2
METES AND BOUNDS DESCRIPTION OF PARCEL 2
5.148 ACRES
SCOTT & WHITE TRACT
BARSHOP & OLES
DESCRIPTION
FN NO. 05 -075 (CAG)
FEBRUARY 2, 2005
BPI JOB NO. 392 -37
OF 5.148 ACRES OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT
NO. 212, SITUATED IN WILLIAMSON COUNTY, TEXAS BEING A PORTION OF
THAT CERTAIN 74.590 ACRE TRACT OF LAND CONVEYED TO SCOTT AND WHITE
MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY FOUNDATION BY
DEED OF RECORD IN DOCUMENT NO. 9733254 OF THE OFFICIAL PUBLIC
RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 5.148 ACRES OF LAND
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING at a 1/2 inch iron rod found in the easterly right -of-
way line of Interstate Highway 35 (R.O.W. varies), being the
southwesterly corner of that certain 132.28 acre tract of land
conveyed to ANC -Round Rock Assets II, LP by deed of record in
Document No. 2001001644 of the Official Public Records of
Williamson County, Texas, same being the northwesterly corner of
said 74.590 acre tract;
THENCE, N69 °15'57 "E, leaving the easterly line of Interstate
Highway 35, along the southerly line of said 132.28 acre tract,
being a portion of the northerly line of said 74.590 acre tract a
distance of 657.06 feet to a 1/2 inch iron rod with cap set for the
POINT OF BEGINNING, being the northwesterly corner hereof;
THENCE, N69 °15'57 "E, continuing along the southerly line of said
132.28 acre tract, being a portion of the northerly line of said
74.590 acre tract, for the northerly line hereof, a distance of
844.33 feet to a 1/2 inch iron rod with cap set for the point of
curvature of a non - tangent curve to the left, being in the westerly
right -of -way line of future Oakmont Drive (100' R.O.W.), for the
northeasterly corner hereof, from which a 1/2 inch iron rod with
cap found in the northerly line of said 74.590 acre tract, being
the common southerly corner of said 132.28 acre tract and that
certain 107.44 acre tract of land conveyed to NNP- Teravista by deed
of record in Document No. 2001001639 of said Official Public
Records, bears N69 °15'57 "E, distance of 47.49 feet
THENCE, leaving the southerly line of said 132.28 acre tract, over
and across said 74.590 acre tract, along the westerly right -of -way
line of future Oakmont Drive, along said non - tangent curve to the
left having a radius of 2300.00 feet, a central angle of
11 °26'01 ", an arc length of 458.98 feet, and a chord which bears
SO4 °01'44 "E, a distance of 458.22 feet to a 1/2 inch iron rod with
cap set for the southeasterly corner hereof;
FN 05-075(CAG)
FEBRUARY 2, 2005
PAGE 2 OF 2
THENCE, leaving the westerly right -of -way line of Future Oakmont
Drive, continuing over and across said 74.590 acre tract along the
southerly and westerly lines hereof, the following six (6) courses
and distances:
1) S83 °17'48 "W, a distance of 382.83 feet to a 1/2 inch iron rod
with cap set for an angle point;
2) N74 °43'22 "W, a distance of 33.11 feet to a 1/2 inch iron rod
set for the southwesterly corner hereof;
3) N52 °44'31 "W, a distance of 153.59 feet to 1/2 inch iron rod
with cap set for the point of curvature of a curve to the
left;
4) Along said curve to the left having a radius of 260.25 feet,
a central angle of 27 °15'46 ", an arc length of 123.83 feet,
and a chord which bears N66 °22'25 "W, a distance of 122.67
feet to a 1/2 inch iron rod with cap set for the point of
tangency;
5) N80 °00'18 "W, a distance of 182.14 feet to a 1/2 inch iron rod
with cap set for the point of curvature of a non- tangent
curve to the left;
6) Along said non - tangent curve to the left having a radius of
770.00 feet, a central angle of 01 °32'57 ", an arc length of
20.82 feet, and a chord which bears N11 °58'08 "E, a distance
of 20.82 feet to the POINT OF BEGINNING containing an area of
5.148 acres (224,254 sq. ft.) of land, more or less, within
these metes and bounds.
BEARING BASIS: REFERENCED TO THE TEXAS STATE PLANE COORDINATE
SYSTEM, CENTRAL ZONE BASED ON PUBLISHED NAD 83/93 BARN VALUES FOR
THE CITY OF GEORGETOWN MONUMENTATION NETWORK.
BURY & PARTNERS, INC.
ENGINEERS - SURVEYORS
3345 BEE CAVE ROAD, SUITE 200
AUSTIN, TEXAS 78746
JOHN T BILNOSKI
R.P.L... NO. 4998
STATE OF TEXAS
DATE
No.
Dello
Radius
Arc Length
Chord Length
Chord Bearing
C1
11'26'01"
2300.00
458,98
458.22
504'01'44 "E
C2
2715'46"
260.25
123.83
122,67
N66'22'25 "W
C3
01'3257"
770.00
20.82
20.82
N11•58'08 "E
No.
Bearing
Dislonce
Lt
583'17'48 "W
382.83'
L2
N74'43'22 "W
33.11'
L3
N52'44'31 "W
153.59'
L4
N80'00'18 "W
182.14'
L5
N6915'57 "E
47.49'
EtZ3END
LOT 1 , BLOCK A
FIRST LIMITED ADDITION
CAB. 0, SLD. 22 -23
SCOTT, SHERWOOD AND
BRINDLEY FOUNDATION
DOC. NO. 9700732
CHANDLER ROAD
BARSHOP AND OLES
1) Bur +Partners
Consulting Engineers and Surveyors
kelle,Tew Tel 612/9414011 Pax 512/920 -0:125
lurrlhelnen, Iue.eWenyle 1101
LINE TABLE
t l VIC MAP
N.TSCV 132.28 ACRE5 ANC -ROUND ROCK ASSETS II, LP �07. ACRES
C3
DOC. NO. 2001001544 / NNP�TERAVISTA
P.O.B. 1 /Doc. NO.
N691557 "E 657.06' N69'15'57 "E 844.33' 2001001 539
. I / 5.148 ACRES LS � (224, 254 SO. FT) / � � v /
�Q �'• /
_CO
sa L • f
I
74.590 ACRES
SCOTT & WHITE
MEMORIAL HOSPITAL
AND SCOTT,
SHERWOOD AND
BRINDLEY
FOUNDATION
DOC. NO. 9733254
• 1/2" IRON ROD FOUND (UNLESS NOTED) MCNEIL CONSUMER
0 1/2" IRON ROD SET WITH CAP PRODUCTS CO.
P,o.C. POINT OF COMMENCEMENT VOL. 557, PG. 659
P.0.B. POINT OF BEGINNING
DATE:02 /04/05 IFILE: H: \392 \37 \39237EX13.dwg IFN No.:05- 075(CAG)
CURVE TABLE
I
•
0 150 300 600
SCALE: 1 "= 300'
J
LOT 1
OAKMONT
CENTRE
SEC. 2
o
2 I
I
g PROVIDENT
2 DEV. CO.
O
LOT 1
OAKMONT
CENTRE
SEC. 4
SKETCH TO ACCOMPANY DESCRIPTION
OF 5.148 ACRES OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212.
SITUATED IN WILLIAMSON COUNTY, TEXAS BEING A PORTION OF THAT CERTAIN 74.590 ACRE
TRACT OF LAND CONVEYED TO SCOTT AND WHITE MEMORIAL HOSPITAL AND SCOTT,
SHERWOOD AND BRINDLEY FOUNDATION BY DEED OF RECORD IN DOCUMENT NO. 9733254 OF
THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY. TEXAS
DRAWN BY:CAG IPROJ. No: 392 -37
EXHIBIT C -3
METES AND BOUNDS DESCRIPTION OF PARCEL 3
6.769 ACRES
SCOTT & WHITE TRACT
BARSHOP & OLES
DESCRIPTION
FN NO. 05 -074 (CAG)
FEBRUARY 2, 2005
BPI JOB NO. 392 -37
OF 6.769 ACRES OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT
NO. 212, SITUATED IN WILLIAMSON COUNTY, TEXAS BEING A PORTION OF
THAT CERTAIN 74.590 ACRE TRACT OF LAND CONVEYED TO SCOTT AND WHITE
MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY FOUNDATION BY
DEED OF RECORD IN DOCUMENT NO. 9733254 OF THE OFFICIAL PUBLIC
RECORDS OF WILLIAMSON COUNTY, TEXAS; AND A PORTION OF LOT 1, BLOCK
A, FIRST LIMITED ADDITION, A SUBDIVISION OF RECORD IN CABINET 0,
SLIDES 22 -23 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID
6.769 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING, at a 1/2 inch iron rod found in the easterly right -of-
way line of Interstate Highway 35 (R.O.W. varies), being the
southwesterly corner of that certain 132.28 acre tract of land
conveyed to ANC -Round Rock Assets II, LP by deed of record in
Document No. 2001001644 of the Official Public Records of
Williamson County, Texas, same being the northwesterly corner of
said 74.590 acre tract and hereof;
THENCE, N69 °15'57 "E, leaving the easterly line of Interstate
Highway 35, along the southerly line of said 132.28 acre tract,
being a portion of the northerly line of said 74.590 acre tract,
for the northerly line hereof, a distance of 657.06 to a 1/2 inch
iron rod with cap set for the point of curvature of a non - tangent
curve to the right, being the northeasterly corner hereof, from
which a 1/2 inch iron rod with cap found in the northerly line of
said 74.590 acre tract, being the common southerly corner of said
132.28 acre tract and that certain 107.44 acre tract of land
conveyed to NNP- Teravista by deed of record in Document No.
2001001639 of said Official Public Records, bears N69 °15'57 "E,
distance of 891.82 feet
THENCE, leaving the southerly line of said 132.28 acre tract, over
and across said 74.590 acre tract and over and across said Lot 1,
along the irregular southerly line hereof, the following four (4)
courses and distances:
1) Along said non - tangent curve to the right having a radius of
770.00 feet, a central angle of 28 °18'28 ", an arc length of
380.43 feet, and a chord which bears S25 °20'53 "W, a distance
of 376.57 feet to a 1/2 inch iron rod with cap set for the
point of curvature of a reverse curve to the left;
2) Along said reverse curve to the left having a radius of
430.00 feet, a central angle of 60 °13'28 ", an arc length of
451.98 feet, and a chord which bears S09 °23'23 "W, a distance
of 431.46 feet to a 1/2 inch iron rod with cap set for the
point of tangency;
FN 05- 074(CAG)
FEBRUARY 2, 2005
PAGE 2 OF 2
3) S20 °43'21 "E, a distance of 2.86 feet to a 1/2 inch iron rod
with cap set for the point of curvature of a non - tangent
curve to the right;
4) Along said non - tangent curve to the right having a radius of
1274.94 feet, a central angle of 16 °53'49', an arc length of
375.99 feet and a chord which bears S74 °20'15 "W, a distance
of 374.62 feet to a 1/2 inch iron rod with cap set in the
curving easterly right -of -way line of Interstate Highway 35
for the point of curvature of a non - tangent curve to the
right, from which a concrete highway monument found in the
easterly right -of -way line of Interstate Highway 35 bears
with the arc of a curve S12 °45'48 "E, a chord distance of
386.34 feet;
THENCE, along the easterly line of Interstate Highway 35, being the
westerly line of said Lot 1 and a portion of the westerly line of
said 74.590 acre tract, for the westerly line hereof, the following
two (2) courses and distances:
1) Along said curve to the right having a radius of 1095.90
feet, a central angle of 00 °33'23 ", an arc length of 10.64
feet, and a chord which bears NO2 °19'58 "W, a distance of
10.64 feet to a concrete highway monument found for the end
of said curve;
2) NO2 °04'48 "W, a distance of 626.96 feet to the POINT OF
BEGINNING containing an area of 6.769 acres (294,844 sq. ft.)
of land, more or less, within these metes and bounds.
BEARING BASIS: REFERENCED TO THE TEXAS STATE PLANE COORDINATE
SYSTEM, CENTRAL ZONE BASED ON PUBLISHED NAD 83/93 HARN VALUES FOR
THE CITY OF GEORGETOWN MONUMENTATION NETWORK.
BURY & PARTNERS, INC.
ENGINEERS - SURVEYORS
3345 BEE CAVE ROAD, SUITE 200
AUSTIN, TEXAS 78746
JOHN T. = ILNOSKI
R.P.L.S. NO. 4998
STATE OF TEXAS
ATE
No.
Dello
Radius
Arc Length
Chord Length
Chord Bearing
C1
2818'28"
770.00
380.43
376.57
525'20
C2
6013'28"
430.00
451.98
431.46
509'23'23 "W
C3
16'53'49"
1274.94
375.99
374.62
S74'20'15 "W
C4
0013'23"
1095.90
10.64
10.64
NO219'58 "W
C5
2018'17"
1095.90
388.37
386,34
S12'45'48 "E
No.
Beorin1
Oistonce
L1
N6915 57"E
657.06'
L2
S20'43'21 "E
2.86'
L3
NO2'04'48 "W
626.96'
N.T.S.
P.O.B. L1
sy
Z VICINITY MAP
6J69 ACRI
.. (294, 844 SQ.
I W - -
I C
t
•
C4
C3
LEGEND
L2
LOT 1, BLOCK A
FIRST LIMITED ADDITION
CAB. 0, SLD. 22 -23
SCOTT, SHERWOOD AND
BRINDLEY FOUNDATION
DOC. N0. 9700732
CHANDLER ROAD
LINE TABLE
• 1/2" IRON ROD FOUND (UNLESS NOTED) MCNEIL CONSUMER
0 1/2" IRON ROD SET WITH CAP PRODUCTS CO.
• MONUMENT FOUND VOL. 657, PG. 659
P.O.B. POINT OF BEGINNING
BARSHOP AND OLES
1 Bury +Partners
Consulting Engineers and Surveyors
AndIm,TP[w Tel 612/926 -00II h[ 612/916-0923
Swilxiw,ti loe. ec0/01 6001
CURVE TABLE
0 150 300 600
SCALE: 1 "= 300'
132.28
74.590 ACRES
SCOTT & WHITE
MEMORIAL HOSPITAL
AND SCOTT,
SHERWOOD AND
BRINDLEY
FOUNDATION
DOC. NO. 9733254
DATE:02 /04/05 IFILE: H: \392\37\39237EX 1 4, dw g IFN No.: 05- 074(CAG)
ACRES ANC —ROUND ROCK ASSETS II, LP 107.44 ACRES
DOC. NO. 2001001644 / NNPf- TERAVISTA
/
/DOC. NO.
X001001639
1469 5 891.82' /
/ /
/ /
/ /
/ /
/ /
/ /
I /
I
I
I
LOT 1
OAKMONT
CENTRE
SEC. 2
1
O PROVIDENT
Y DEV. CO.
0
LOT 1
OAKMONT
CENTRE
SEC. 4
SKETCH TO ACCOMPANY DESCRIPTION
OF 6,769 ACRES OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212.
SITUATED IN WILLIAMSON COUNTY, TEXAS BEING A PORTION OF THAT CERTAIN 74.590 ACRE
TRACT OF LAND CONVEYED TO SCOTT AND WHITE MEMORIAL HOSPITAL AND SCOTT,
SHERWOOD AND BRINDLEY FOUNDATION BY DEED OF RECORD IN DOCUMENT NO. 9733254 OF
THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; AND A PORTION OF' LOT 1.
BLOCK A, FIRST LIMITED ADDITION, A SUBDIVISION OF RECORD IN CABINET 0, SLIDES 22 -23
OF THE PLAT RECORDS OF 1MLLIAMSON COUNTY, TEXAS
DRAWN BY:CAG IPROJ, No: 392 -37
EXHIBIT C-4
METES AND BOUNDS DESCRIPTION OF OAKMONT DRIVE
3.139 ACRES
SCOTT & WHITE TRACT
BARSHOP & OLES
DESCRIPTION
FN. NO. 05- 102(CAG)
FEBRUARY 9, 2005
BPI JOB NO. 392 -37
OF A 3.139 ACRE TRACT OF LAND OUT OF THE EPHRAIM EVANS SURVEY,
ABSTRACT NO. 212, SITUATED IN WILLIAMSON COUNTY, TEXAS BEING A
PORTION OF THAT CERTAIN 74.590 ACRE TRACT OF LAND CONVEYED TO
SCOTT & WHITE MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY
FOUNDATION BY DEED OF RECORD IN DOCUMENT NO. 9733254 OF THE
OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 3.139 ACRES
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING at a cotton gin spindle found in the northerly right -
of -way line of Chandler Road (R.O.W. varies), being the
southwesterly corner of said 74.590 acre tract, from which a 1/2
inch iron rod found in the northerly right -of -way line of
Chandler Road, being the southeasterly corner of Lot 1, Block A
First Limited Addition, a subdivision of record in Cabinet o,
Slides 22 -23 bears N20 °43'37 "W, a distance of 20.06 feet;
THENCE, N69 °17'01 "E, along the northerly right -of -way line of
Chandler Road, being a portion of the southerly line of said
74.590 acre tract, a distance of 613.18 feet to a 1/2 inch iron
rod with cap set for the POINT OF BEGINNING and the southwesterly
corner hereof;
THENCE, leaving the northerly right -of -way line of Chandler
Road, over and across said 74.590 acre tract, for the westerly
line hereof, the following three (3) courses and distances:
1) N24 °17'06 "E, a distance of 35.36 feet to a 1/2 inch iron
rod with cap set for an angle point;
2) N20 °42'11 "W, a distance of 436.23 feet to a '/2 inch iron
rod with cap set for the point of curvature of a curve to
the right;
3) Along said curve to the right, having a radius of 2300.00
feet, a central angle of 22 °23'28 ", an arc length of 898.83
feet, and a chord which bears N09 °30'28 "W, a distance of
893.12 feet to a 1/2 inch iron rod with cap set for the
northwesterly corner hereof, being in the northerly line of
said 74.590 acre tract, same being in the southerly line of
that certain 132.28 acre tract of land conveyed to ANC -
Round Rock Assets II, LP by deed of record in Document No.
2001001644 of the Official Public Records of Williamson
County, Texas;
FN 05- 102(CAG)
FEBRUARY 9, 2005
Page 2 of 2
THENCE, N69 °15'57 "E, along a portion of the northerly line of
said 74.590 acre tract, being in part a portion of the southerly
line of said 132.28 acre tract and in part a portion of the
westerly line of that certain 107.44 acre tract of land conveyed
to NNP- Teravista LP by deed of record in Document No. 2001001639
of said Official Public Records for the northerly line hereof,
passing at a distance of 47.49 feet a 1/2 inch iron rod found
for the southeasterly corner of said 132.28 acre tract, same
being an angle point in the westerly line of said 107.44 acre
tract, and continuing for a total distance of 108.60 feet to a
1/2 inch iron rod with cap set for the northeasterly corner
hereof, being the point of curvature of a non - tangent curve to
the left;
THENCE, leaving the westerly line of said 107.44 acre tract,
over and across said 74.590 acre tract, for the easterly line
hereof, the following three (3) courses and distances;
1) Along said non - tangent curve to the left, having a radius
of 2200.00 feet, a central angle of 23 °28'12 ", an arc
length of 901.18 feet, and a chord which bears S08 °58'06 "E,
a distance of 894.89 feet to a 1/2 inch iron rod with cap
set for the point of tangency;
2) S20 °42'11 "E, a distance of 436.20 feet to a 1/2 inch iron
rod with cap set for an angle point;
3) S65 °42'54 "E, a distance of 35.35 feet to a 1/2 inch iron
rod with cap set for the southeasterly corner hereof, being
in the northerly right -of -way line of Chandler Road, from
which a 1/2 inch iron rod found for the common southerly
corner of said 74.590 acre tract and said 107.44 acre tract
bears N69 °17'01 "E, a distance of 1575.90 feet;
THENCE, S69 °17'01 "W, along the northerly line of Chandler Road,
being a portion of the southerly line of said 74.590 acre tract,
for the southerly line hereof, a distance of 150.00 feet to the
POINT OF BEGINNING, containing an area of 3.139 acres (136,744
sq. ft.) of land, more or less, within these metes and bounds.
BEARING BASIS: REFERENCED TO THE TEXAS STATE PLANE COORDINATE
SYSTEM, CENTRAL ZONE BASED ON PUBLISHED NAD 83/93 BARN VALUES
FOR THE CITY OF GEORGETOWN MONUMENTATION NETWORK
BURY +PARTNERS, INC.
ENGINEERS - SURVEYORS
3345 BEE CAVE ROAD
SUITE 200
AUSTIN, TEXAS 78746
JOHN . BILNOSKI,
NO. '998
STAT. OF TEXAS
'�Pj .•ti�S TFq
R.P.L.S.S�JOFINT .
• �° 4998 r:Q'
SUP,
No.
Bearing
Distonce
L1
N2417 06"E
35.36'
L2
N20'42'11 "W
436.23'
L3
N69'15'57 "E
108.60'
L4
S20'42'11 "E
436.20'
L5
S65'42'54 "E
35.35'
L6
S6917'01 "W
150.00'
L7
N20'43'37 "W
20.06'
L8
N6917'01 "E
613.18
L9
N69'17'01 "E
1575.90
VICINITY MAP
N.T.S.
/ 132.28 ACRES ANC —ROUND ROCK ASSETS 11, LP
DOC. NO. 2001001644
co
DEED L /NE
LOT 1, BLOCK A
FIRST LIMITED ADDITION
CAB. 0, SLD, 22 -23
SCOTT, SHERWOOD AND
BRINDLEY FOUNDATION
DOC. NO. 9700732
• 1/2" IRON ROD FOUND (UNLESS NOTED)
O 1/2" IRON ROD SET WITH CAP
P.O.C, POINT OF COMMENCEMENT
P.O.B, POINT OF BEGINNING
UNE TABLE
CURVE TABLE
No.
C1
C2
Dello
22'23'28"
23'28'12"
Radius
2300.00
2200.00
Arc Lenath
898.83
901.18
Chord Length
893,12
894.89
Chord Beorino
N09'30'28 "W
S08'58'06 "E
DEED LINE
L7 - P.O.C L8 P.O.B
CHANDLER ROAD (R.O.W. VARIES) ' NCOTTON SPINDLE L6
LOT 1
OAKMONT
CENTRE
SEC. 2 p
3.139 ACRES
(136, 744 SQ. FT)
74.590 ACRES
SCOTT & WHITE
MEMORIAL HOSPITAL
AND SCOTT,
▪ SHERWOOD AND
• BRINDLEY
• FOUNDATION
DOC. NO. 9733254
MCNEIL CONSUMER
PRODUCTS CO.
VOL. 657, PG. 659
— MI
I! t•
0 150 300 600
SCALE: 1 "= 300'
47.49'
107.44 ACRES
NNP— TERAVISTA
DOC. NO.
2001001639
L9
r
LOT 1
PROVIDENT OAKMONT
DEV. CO. CENTRE
SEC. 4
BARSHOP & OLES
I ) Bury +Partners
Consul ng Engineers end Surveyors
eu tin,Teue bl 61Z /29-0011 h, 612/3eE-0985
wmrw.er, it *fanlight MK
SKETCH TO ACCOMPANY DESCRIPTION
OF 3.139 ACRES OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212,
SITUATED IN WILLIAMSON COUNTY, TEXAS BEING A PORTION OF THAT CERTAIN 74.590 ACRE
TRACT OF LAND CONVEYED TO SCOTT AND WHITE MEMORIAL HOSPITAL AND SCOTT,
SHERWOOD AND BRINDLEY FOUNDATION BY DEED OF RECORD IN DOCUMENT N0. 9733254 OF
THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS
DATE:02 /09/05 IFILE: H: \392 \37 \39237EX12.dwg IFN No.:05- 102(CAG) IDRAWN BY:CAG IPROJ. No: 392 -37
EXHIBIT D -1
In accordance with Section 11.314 of the Round Rock Zoning Ordinance, the following
use regulations, design standards and development standards shall apply to all
development on the portion of the Property identified as Parcel 1 on the Parcel Map,
attached to this ordinance as Exhibit "C", and further described by metes and bounds
in Exhibit "C -1 ". Unless otherwise defined, all terms used shall correspond to the
definitions in the City of Round Rock Code of Ordinances.
1. PERMITTED USES
USES AND DEVELOPMENT STANDARDS FOR PARCEL 1
The following principal uses are permitted:
• Grocery Stores (within a structure containing at least 125,000 square feet)
• Retail Sales and Services provided Retail Services shall be limited to the following:
o Florist
o Cleaners (drop -off and pick -up only)
o Hair Salon
o Alteration Shop (Tailor)
o Copy Business Center
o Dental Service*
o Shoe Repair*
o Real Estate Office*
o Day Spa*
o Travel Agency*
o Dance Studio*
o Private Postal Service*
o Jewelry Repair*
o Weight Loss Center*
o Dental Service*
o Chiropractor*
o Educational Learning Center*
o Stocks and Bonds Brokers*
o Mortgage Companies*
o Insurance Agents*
* The aggregate square footage of the services marked with an asterisk operating on
Parcel 1 at any time shall not exceed 10,000 square feet and shall only be permitted in a
building facing Chandler Road, or Oakmont Drive.
• Bank (including off -site cash machines). This includes banks, savings and loans, and
credit unions.
• Indoor Entertainment Activities (provided such activities shall be limited to an
operation which includes both a mix of entertainment activities and food and
beverage service).
• Eating Establishments, excluding drive through services (except that a "to go"
window shall be permitted for a sit down restaurant)
• Drive through services for a bank or pharmacy
• Outdoor Entertainment (this use shall be limited only to an outdoor music venue)
• Theater /Cinema
• Bars /Pubs /Taverns, which is the use of a site for the retail sale of alcoholic
beverages for consumption on premises
• Hotel
• Conference Center
• Fire or Police Station
• Visitor Center, which is the use of a site for the provision of information to the
public regarding a development, project, or the surrounding community, as well as
related activities, events, programs and tourist locations.
• Wireless Transmission Facility, Stealth
• Wireless Transmission Facility, Attached
• Park, Private
• Park, Linear /Linkage
• Park, Community
• Park, Neighborhood
• Park, Regional /Metropolitan
2. PROHIBITED USES
The following uses are prohibited:
• Gasoline & fuel sales
• Automotive & machinery repair
• Automotive & machinery services
• Automotive parts
• Automotive sales
• Automotive rental
• Automotive & machinery washes
• Wrecking yards
• Sale of used goods (except antiques and estate sales)
• Sexually oriented businesses
• Trucking terminals
• Truck service or repair
• Truck stops
• Bulk distribution centers
• Mini warehouses
• Flea markets
• Portable building sales
• Manufactured home sales
• Boat sales
• Camper sales
• Industrial building sales
• Amusement parks or carnivals
• Campgrounds
• Shooting ranges
• Kennels
• Video arcades (as a primary use)
• Billiard parlors & pool halls (as a primary use)
• Tattoo parlors
• Donation centers
• Recycling centers
• Wholesale nurseries
• Recreational vehicle parks
• Pawn shops
• Heavy equipment sales
• Wireless Transmission Facility, Self- Standing
3. SPECIAL EXCEPTIONS
All other uses that are not specifically addressed in this ordinance will require a special
exception, in accordance with the City of Round Rock Code of Ordinances.
4. DESIGN STANDARDS
4.1 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 (except for trim or minor decorative features approved by
the Director of Planning)
• Unfinished sheet metal (except for trim or minor decorative features
approved by the Director of Planning)
4.2 Requirements
Except as modified by this ordinance, the project shall comply with the C -1
Design Standards specified in Section 11.409(4) of the Round Rock Zoning
Ordinance. Buildings and structures in Parcel 1 shall incorporate similar and
compatible architectural styles currently planned for buildings and structures in
Parcel 1 of PUD 60 (Round Rock Premium Outlet Mall) as generally depicted on
Exhibit "G" attached hereto, utilizing similar building materials, colors and
designs. Emphasis shall also be placed on human scale design and pedestrian
connectivity between buildings, utilizing shaded pedestrian walkways, public
plazas, landscaping and other public amenities.
Building elevations demonstrating compliance with the requirements of this
section shall be submitted with the Preliminary Site Plan for City review and
approval; such approval not to be unreasonably withheld.
4.4 Wet Pond
The detention /retention pond to be located at the Southwest corner of Parcel 1
(the corner of I -35 and Chandler Road) shall be designed and constructed as a
"Wet Pond" water feature (i.e., a constant body of water with natural shape
combining storm water detention and filtration functions, as required, with
water retention). Aquatic plantings shall be installed around the perimeter of the
pond for biological filtration of the storm water. A fountain feature shall also be
included in the pond for water aeration.
In accordance with Section 11.314 of the Round Rock Zoning Ordinance, the following
use regulations, design standards and development standards shall apply to all
development on the portion of the Property identified as Parcel 2 on the Parcel Map,
attached to this ordinance as Exhibit "C", and further described by metes and bounds
in Exhibit "C -2 ". Unless otherwise defined, all terms used shall correspond to the
definitions in the City of Round Rock Code of Ordinances.
1. PERMITTED USES
USES AND DEVELOPMENT STANDARDS FOR PARCEL 2
The following principal uses are permitted:
• Theater /Cinema
• Retail Sales and Services
• Eating Establishments
• Bars /Pubs /Taverns, which is the use of a site for the retail sale of alcoholic
beverages for consumption on premises
• Drive through services
• Bank or Financial Services, which is the use of a site for the provision of financial
and banking services. This includes banks, stocks and bonds brokers, loan and
lending activities, off -site cash machines, and other similar services.
• Visitor Center, which is the use of a site for the provision of information to the
public regarding a development, project, or the surrounding community, as well as
related activities, events, programs and tourist locations.
• Park, Private
• Park, Linear /Linkage
• Park, Community
• Park, Neighborhood
• Park, Regional /Metropolitan
2. PROHIBITED USES
The following uses are prohibited:
• Grocery stores
• Gasoline & fuel sales
• Automotive & machinery repair
• Automotive & machinery services
EXHIBIT D -2
• Automotive parts
• Automotive sales
• Automotive rental
• Automotive & machinery washes
• Wrecking yards
• Sale of used goods
• Sexually oriented businesses
• Trucking terminals
• Truck service or repair
• Truck stops
• Bulk distribution centers
• Mini warehouses
• Flea markets
• Portable building sales
• Manufactured home sales
• Boat sales
• Camper sales
• Industrial building sales
• Amusement parks or carnivals
• Campgrounds
• Shooting ranges
• Kennels
• Video arcades (as a primary use)
• Billiard parlors & pool halls (as a primary use)
• Tattoo parlors
• Donation centers
• Recycling centers
• Wholesale nurseries
• Recreational vehicle parks
• Pawn shops
• Heavy equipment sales
• Wireless Transmission Facility, Self- Standing
3. SPECIAL EXCEPTIONS
All other uses that are not specifically addressed in this ordinance will require a special
exception, in accordance with the City of Round Rock Code of Ordinances.
4. DESIGN STANDARDS
4.1 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 (except for trim or minor decorative features approved by
the Director of Planning)
• Unfinished sheet metal (except for trim or minor decorative features
approved by the Director of Planning)
4.2 Requirements
Except as modified by this ordinance, the project shall comply with the Design
Standards specified in Section 11.409(4) of the Round Rock Zoning Ordinance.
Buildings and structures in Parcel 2 shall incorporate similar and compatible
architectural styles with buildings and structures depicted in Exhibit "G ",
utilizing similar building materials, colors and designs. Emphasis shall also be
placed on human scale design and pedestrian connectivity between buildings,
utilizing shaded pedestrian walkways, public plazas, landscaping and other
public amenities.
Building elevations demonstrating compliance with the requirements of this
section shall be submitted with the Preliminary Site Plan for City review and
approval.
1. PERMITTED USES
2. PROHIBITED USES
The following uses are prohibited:
EXHIBIT D -3
USES AND DEVELOPMENT STANDARDS FOR PARCEL 3
In accordance with Section 11.314 of the Round Rock Zoning Ordinance, the following
use regulations, design standards and development standards shall apply to all
development on the portion of the Property identified as Parcel 3 on the Parcel Map,
attached to this ordinance as Exhibit "C ", and further described by metes and bounds
in Exhibit "C -3 ". Unless otherwise defined, aII terms used shall correspond to the
definitions in the City of Round Rock Code of Ordinances.
Parcel 3 shall be developed as pad sites consisting of any the following uses:
• Eating Establishments without drive - through services
• Bars /Pubs /Taverns, which is the use of a site for the retail sale of alcoholic
beverages for consumption on premises
• Retail Sales and Services
• Off -site cash machines
• Hotels
• Visitor Center, which is the use of a site for the provision of information to the
public regarding a development, project, or the surrounding community, as well as
related activities, events, programs and tourist locations.
• Park, Private
• Park, Linear /Linkage
• Park, Community
• Park, Neighborhood
• Park, Regional /Metropolitan
• Grocery stores
• Gasoline & fuel sales
• Automotive & machinery repair
• Automotive Sr machinery services
• Automotive parts
• Automotive sales
• Automotive rental
• Automotive & machinery washes
• Wrecking yards
• Sale of used goods
• Sexually oriented businesses
• Trucking terminals
• Truck service or repair
• Truck stops
• Bulk distribution centers
• Mini warehouses
• Flea markets
• Portable building sales
• Manufactured home sales
• Boat sales
• Camper sales
• Industrial building sales
• Amusement parks or carnivals
• Campgrounds
• Shooting ranges
• Kennels
• Video arcades (as a primary use)
• Billiard parlors & pool halls (as a primary use)
• Tattoo parlors
• Donation centers
• Recycling centers
• Wholesale nurseries
• Recreational vehicle parks
• Pawn shops
• Heavy equipment sales
• Wireless Transmission Facility, Self- Standing
3. SPECIAL EXCEPTIONS
All other uses that are not specifically addressed in this ordinance will require a special
exception, in accordance with the City of Round Rock Code of Ordinances.
4. DESIGN STANDARDS
4.1 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 (except for trim or minor decorative features approved by
the Director of Planning)
• Unfinished sheet metal (except for trim or minor decorative features
approved by the Director of Planning)
4.2 Requirements
Except as modified by this ordinance, the project shall comply with the Design
Standards specified in Section 11.409(4) of the Round Rock Zoning Ordinance.
Buildings and structures in Parcel 2 shall incorporate similar and compatible
architectural styles with buildings and structures depicted in Exhibit "G ",
utilizing similar building materials, colors and designs. Emphasis shall also be
placed on human scale design and pedestrian connectivity between buildings,
utilizing shaded pedestrian walkways, public plazas, landscaping and other
public amenities.
Building elevations demonstrating compliance with the requirements of this
section shall be submitted with the Preliminary Site Plan for City review and
approval.
EXHIBIT E
RESERVED
EXHIBIT F -1
STREETSCAPE (PLAN VIEW)
PARTNERS
en Napo. illiNks 3.
O
o - ' 95'‘ec
to \tt`
(J > `D`I
Screening ahruba
EXHIBIT F -1
Streetscape (Plan View)
Shrub & Groundcover
Planting Anga
CHANDLER / 1 -35 RETAIL
Larg , sde bee
21100' alon exOriar of
properly along Oakmont Drive
Small. ornamental tree;
3/100' along exterior of
property along Oakmont Drive.
EWER A Me
EXHIBIT F -2
STREETSCAPE PROFILE VIEW)
PARTNERS
Su. 150, his. Tem 7B14.6
71,173(71011 Iiirallee
Future
— Median
Large. shade tree
20' LIP TO LIP 24' LIP TO LIP
STANDARD OR —
MEANDERING
5' SIDEWALK
Landscape improvements, per P.U0.
CHANDLER / (-35 RETAIL
EXHIBIT F-2
Streetscape (Profile View)
SLOPE VARIES;
31 MAXIMUM
CHANDLER /1-35 RETAIL
SITE PARKING
— Shrub .4 Grounticover
Planting Area
MRCS an.
EXHIBIT G
ARCHITECTURE
SIMON
YI[r AT NA.
4° ,i!iz"sbiii'`
;MN iuRNIIIP •s'.7
rz
VIEW MOM MAIMS 1 I11 NORM
• ROUND ROCK PREMIUM OUTLETS •
EXHIBIT G: Architecture (1 of 2)
41V
41! 1 ;; A!! !1!!! E . ! !
SIMON
-2.17.7401ira _ r•""'",
..7.,7., iiii 1 11111 : V2E1 i!!!!11.
TIM • MAI WV. • NAM,. I 1111•13.A.
• ROUND ROCK PREMIUM OUTLETS •
EXHIBIT G: Architecture (2 of 2)
EXHIBIT H
RIGHT OF WAY AND EASEMENT LOCATIONS
15' ELECTRIC EASEMENT
VOL 1804. PC 872
20' UNDERGROUND
CARLE _45EM£NT
WL 545, PC. 338
20' PU52IC
550 5Y EASEMENT
VOL. 790, PC. 123
PROPOSED 4.0.0
DEDICATION
0170005ED 15' 4 /74/70
UTILITY EASEMENT
(BY SEPARATE INSTRUMENT)
PROPOSED 2R LANOSGA0E EASEMENT (
(BY 5505051E INSTRUMENT)
PROPOSED 75 PUBLIC
UTILITY EASEMENT
(BY SEPARATE INSTRLIMBNT)_
20' 750/10 00UTY EASEMENT
50L 793 PG. 123
VOL. 703 PC 130
Rezoning - Barshop & Oles Tract
PUD 59 - 50.154 Acres
DATE: May 20, 2005
SUBJECT: City Council Meeting — May 26, 2005
ITEM: O11.D.3. Consider an ordinance rezoning 50.154 acres of land from District
PUD No. 37 (Planned Unit Development) to District PUD No. 59
(Planned Unit Development). (Barshop & Oles) (First Reading)
Department: Planning and Community Development Department
Staff Person: Jim Stendebach, Planning Director
Justification:
The Chandler /I -35 Retail PUD (PUD 59) is divided into three parcels. Two of those parcels will
be sold to Simon and will be included in the mall property. (Please see the attached map of
Proposed Developments.) The standards for those two parcels are the same as the mall PUD
so that they can easily be incorporated into that development.
The remaining parcel will be developed as a shopping center presumably anchored by a large
HEB. (The specific details and timing of the development have yet to be determined.)
Those issues that differ from standard C -1 regulations for the shopping center parcel are as
follows:
Permitted and Prohibited Uses: The PUD contains a fairly specific list of uses that limits the
type of commercial activity permitted on the site. Most notably, automobile sales and repair
(which would ordinarily be permitted in C -1) are prohibited.
Right -of -Way: Right -of -Way for Oakmont Drive will be dedicated to the City.
Streetscaoes: Oakmont Drive will be landscaped to match the requirements set forth in the
Premium Outlets PUD.
Driveway Access: Driveway locations will be prescribed in the PUD to ensure that they are
appropriately aligned to account for surrounding developments and upcoming road
improvements.
Driveway Throat Length: The PUD requires long throat lengths to ensure that traffic turning
into the shopping center does not get backed up onto the surrounding roads due to bottlenecks
in the parking lot.
Water Features: The PUD calls for stormwater detention areas to be "dressed up" as
landscaped pond features, similar to what is planned for the mall site.
Prohibited Building Materials: Certain building materials, such as corrugated metal and
unfinished sheet metal, are prohibited.
Underground Utilities: No overhead wiring will be permitted.
Design Standards: Buildings and structures will incorporate similar and compatible
architectural styles as those currently planned for the outlet mall.
Continued 4
Funding:
Cost:
Source of funds:
Outside Resources: Milo Burdette, Barshop & Oles Company
Background Information:
The 50 acres to be re -zoned is part of a 99 -acre tract that was annexed into the City in 1980.
The original zoning was I -1 (industrial zoning). The property was then rezoned to PUD No. 37
in 1999 to accommodate the hospital and medical center proposed by Scott & White.
On May 18, 2005, the Planning and Zoning Commission rendered a favorable recommendation
to re -zone the property from PUD No. 37 to PUD No. 59 with the following two conditions:
1. That the Owner construct or cause to be constructed two lanes of Oakmont Drive
together with all associated roadway improvements, including a pro -rated share of the
traffic signal eventually required at the intersection of Oakmont Drive and Chandler
Road.
2. That the Owner pay his pro -rated share of the cost of construction of the traffic signal
eventually required at the intersection of Chandler Road and the driveway to Parcel 1.
This payment shall be paid by the Owner to the City within 30 days of receipt of a
written request that warrants have been met to justify the construction of said signal.
Public Comment:
N/A
N/A
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
CHANDLER IH 35 RETAIL, LTD. PUD
PLANNED UNIT DEVELOPMENT NO. 59
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 Chandler IH 35 Retail, Ltd., a Texas limited
partnership, having its offices at 801 Congress, Suite 300, Austin, Texas 78701 (hereafter
referred to as the "Owner "). For purposes of this Agreement, the term Owner shall
mean Chandler IH 35 Retail, Ltd., its respective successors and assigns; provided,
however, upon sale, transfer or conveyance of portions of the hereinafter described
property, the duties and obligations of the Owner, as it relates to the respective
property, shall be assumed by the new owner, and the Owner shall have no further
liability relating to their respective property.
WHEREAS, the Owner is the owner of certain real property consisting of
approximately 50.154 acres, as more particularly described in Exhibit "A ", (herein after
referred to as the "Property ") attached hereto and made a part hereof.
WHEREAS, The Owner has submitted a request to the City to rezone the Property as a
Planned Unit Development (the "PUD ").
WHEREAS, pursuant to Chapter 11, Section 11.314, Code of Ordinances (1995 Edition),
City of Round Rock, Texas, the Owner has submitted a Development Plan setting forth
the development conditions and requirements within the PUD, which Development
Plan is contained in Section II of this Agreement; and
WHEREAS, the City has held two public hearings required by law to solicit input from
all interested citizens and affected parties; and
WHEREAS, on March 16, 2005, the City's Planning and Zoning Commission
recommended approval of the Owner's application for a PUD; and
WHEREAS, the City Council has reviewed the proposed Development Plan and
determined that it promotes the health, safety, and general welfare of the citizens of
Round Rock and that it complies with the intent of the Planned Unit Development
Ordinance of the City;
NOW THEREFORE BY THIS AGREEMENT WITNESSETH that, in consideration of
the covenants and conditions set forth herein, the City and the Owner agree as follows:
GENERAL PROVISIONS
1. CONFORMITY WITH DEVELOPMENT PLAN
That all uses and development within the Property shall conform to the Development
Plan included in Section II herein.
2. CHANGES AND MODIFICATIONS
No changes or modifications will be made to this Agreement or the Development Plan
unless all provisions pertaining to changes or modifications as stated in Section II.13
below are followed.
3. ZONING VIOLATION
Owner understands that any person, firm, corporation or other entity violating any
conditions or terms of the Development Plan shall be subject to any and all penalties for
the violation of any zoning ordinance provisions as stated in Section 1.601, Code of
Ordinances, (1995 Edition), City of Round Rock, Texas, as amended.
4. LIEN HOLDER CONSENT
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 ", attached hereto and incorporated herein.
5. MISCELLANEOUS PROVISIONS
5.1 ;sigrunent
I.
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
Owner from selling or leasing the Property or portions of the Property, together
with all development rights and obligations contained in this Agreement and
-2-
Development Plan. No consent shall be required in connection with such sale 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 of this Agreement are deemed invalid,
illegal or unenforceable in any respect such invalidity, illegality or
unenforceability shall not affect any other provisions of this Agreement and in
such event, this Agreement shall be construed as if such invalid, illegal or
unenforceable provision had never been contained in this Agreement.
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.
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 shall be in Williamson County.
5.7 No Third Party Beneficiaries
Nothing in this Agreement, express or implied, is intended to confer upon any
person or entity, other than the parties hereto (and their respective successors
and assigns), any rights, benefits or remedies under or by reason of this
Agreement.
5.8 Duplicate Originals
This Agreement may be executed in duplicate original, each of equal dignity.
5.9 Notices
Until changed by written notice thereof any notice required under this
Agreement may be given to the respective parties, by certified mail, postage
prepaid or by hand delivery to the address of the other party shown below:
OWNER
Chandler IH 35 Retail, Ltd.
c/o Barshop & Oles
801 Congress Avenue, Suite 300
Austin, Texas 78701
Attn: Milo Burdette
5.10 Effective Date
5.11 Appeal of Administrative Decisions
CITY OF ROUND ROCK
City of Round Rock, Texas
221 East Main Street
Round Rock, Texas 78664
Attn: Director of Planning
This Agreement shall be effective from and after the date of due execution hereof
by all parties.
Administrative decisions provided for in this Agreement may be appealed to the
City Council in writing within ninety (90) days following receipt by Owner of the
written confirmation of the decision.
5.12 Binding Effect
This Agreement and the Development Plan binds and benefits the Owner and its
successors and assigns.
1. DEFINITIONS
II.
DEVELOPMENT PLAN
Words and terms used herein shall have their usual force and meaning, or as defined in
the Code of Ordinances (1995 Edition) as amended, City of Round Rock, Texas,
-4-
hereinafter referred to as "the Code."
2. PROPERTY
This Development Plan ( "Plan ") covers approximately 50.154 acres of land, located
within the city limits of Round Rock, Texas, and more particularly described by metes
and bounds in Exhibit "A ". For the purpose of assigning land use and development
standards, the Property has been divided into development parcels, as shown in
Exhibit "C ".
3. PURPOSE
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 effect
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. In the event of a conflict, the terms of this
Agreement shall control.
5. PERMITTED USES
The Property shall be used and developed for the uses as shown in Exhibits "D - ", "D-
2" and "D -3 ".
6. DEVELOPMENT STANDARDS
The Property shall be developed in accordance with the development standards set
forth in Exhibits "D - ", "D - 2" and "D - ", attached hereto, as applicable to each parcel
and its designated use.
7. 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, installed by or at the request of Owner, shall be placed underground to
connecting points provided by the service provider. All transformers must be visually
screened.
8. DRIVEWAY ACCESS
Driveway access shall be regulated in accordance with the Traffic Impact Analysis
approved by the City's Director of Transportation Services.
9. DRIVEWAY THROAT LENGTH
All driveways shall provide a minimum driveway throat of 100 feet, except the
northernmost driveway on Oakmont Drive (providing access to the rear of the retail
buildings) shall provide a minimum driveway throat of 50 feet. No parking spaces or
internal access drives shall intersect with access driveways within this 100 -foot or 50-
foot, as applicable, throat. Throat length shall be measured from the property line along
the street right -of -way.
10. RIGHT - OF - WAY AND EASEMENT DEDICATIONS
The required right -of -way for the proposed Oakmont Drive shall be dedicated or cause
to be dedicated to the City, free of all monetary liens, with the final plat for Parcel 1, or
pursuant to an agreement or agreements by and between the City of Round Rock and
Simon Property Group (Texas), L.P. The right -of -way to be dedicated shall be in
accordance with the metes and bounds description shown in Exhibit "C ". If said
right -of -way is not dedicated in accordance with this section, the zoning applicable to
Parcel 1 shall automatically revert back to the zoning classification applicable to Parcel 1
immediately prior to the effective date of the ordinance to which this agreement is an
exhibit.
-6-
If the owner of Parcel 1 has not both (i) dedicated right -of -way for the widening of
Chandler Road in the area shown on Exhibit "H" attached hereto, and (ii) granted to
the City a wastewater line easement in the area shown on Exhibit "H" attached hereto,
within six (6) months after the date of this ordinance, then the zoning applicable to
Parcel 1 shall automatically revert back to the zoning classification applicable to Parcel 1
immediately prior to the effective date of this ordinance.
Further, Owner shall construct, or cause to be constructed, at least two lanes of
Oakmont Drive within the right -of -way described above, along with associated
roadway improvements, including a pro -rated share of costs of construction of the
traffic signal at the intersection of Oakmont Drive and Chandler Road, when and if said
signal is required. Owner shall also pay a pro -rated share of the traffic signal at the
intersection of Chandler Road and the driveway to Parcel 1. This payment shall be
made to the City within thirty (30) days of a receipt of a written request from the City
that warrants have been met justifying the construction of said signal.
11. STREETSCAPE
The streetscape for Oakmont Drive shall be landscaped substantially in accordance with
Exhibits "F - 1" and "F - 2". Street medians and streetside planting areas for Oakmont
Drive shall have a minimum of two (2) large trees and three (3) small trees for every one
hundred (100) linear feet.
Street trees for Oakmont Drive shall be irrigated by a permanent automatic irrigation
system constructed to current City standards by the Owner.
12. WATER FEATURES
The perimeter of the water feature area in Parcel 3, as identified on the Parcel Map
attached to this ordinance as Exhibit "C ", abutting the IH -35 frontage road shall have,
on average, large trees spaced a minimum of fifty (50) feet on center and one (1) small
tree spaced a minimum of thirty (30) feet on center. Additionally, pedestrian paths
(minimum of six (6) feet wide) shall be provided to connect the proposed structures
along the south side of the water feature to the walking trails and community plaza
along the eastern side.
Unless expressly approved by the Director of Planning, the design of the water features
in Parcels and 1 and 3 shall make reasonable efforts to preserve and accommodate
existing trees in the pond area.
-7-
13. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN
13.1 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 Community
Development, and the City Attorney.
13.2 Major Changes
All changes not permitted under section 13.1 above shall be resubmitted
following the same procedure required by the original PUD application;
provided, however, that nothing herein or otherwise shall require an owner of a
portion of the Property (the "Rezoning Owner ") to obtain the consent or
approval of any other owner of a portion of the Property for a change in zoning
(including amending this Agreement) as it applies to the land of the Rezoning
Owner.
14. CONCEPT PLAN APPROVED
Approval of this Agreement constitutes Concept Plan approval under the City
Subdivision Ordinance.
15. GENERAL PLAN 2000
This Agreement amends the Round Rock General Plan 2000, which was adopted on
June 10, 1999.
CHANDLER IH 35 RETAIL, LTD.,
a Texas limited partnership
By: B &O Development G.P., L.L.C.,
A Texas limited liability company,
its general partner
By:
C. Patrick Oles, Jr., President
Date: tfq,1.c 7, 620,5
-8-
CITY OF ROUND ROCK, TE
ATTEST:
By:
e Maxwell, Mayor
Christine Martinez, City Secr etary
LIST OF EXHIBITS
EXHIBIT DESCRIPTION
Exhibit "A" Metes and Bounds Description of Property
Exhibit "B" Lien Holder Consent
Exhibit "C" Development Parcels
Exhibit "C -1" Metes and Bounds Description of Parcel 1
Exhibit "C -2" Metes and Bounds Description of Parcel 2
Exhibit "C -3" Metes and Bounds Description of Parcel 3
Exhibit "C-4" Metes and Bounds Description of Oakmont Drive
Exhibit "D -1" Uses and Development Standards for Parcel 1
Exhibit "D -2" Uses and Development Standards for Parcel 2
Exhibit "D -3" Uses and Development Standards for Parcel 3
Exhibit "E" Reserved
Exhibit "F -1" Streetscape (Plan View)
Exhibit "F -2" Streetscape (Profile View)
Exhibit "G" Architecture
Exhibit "H" Right of Way and Easement Locations
Exhibit "P" Theater /Cinema Design and Signage
-10-
EXHIBIT A
METES AND BOUNDS DESCRIPTION OF PROPERTY
50.154 ACRES
SCOTT & WHITE TRACT
IH -35 & CHANDLER ROAD
DESCRIPTION
FN. NO. 05- 116(CAG)
FEBRUARY 18, 2005
BPI JOB NO. 392 -37
OF A 50.154 ACRE TRACT OF LAND OUT OF THE EPHRAIM EVANS SURVEY,
ABSTRACT NO. 212, SITUATED IN WILLIAMSON COUNTY, TEXAS BEING ALL
OF LOT 1, BLOCK A, FIRST LIMITED ADDITION, A SUBDIVISION OF
RECORD IN CABINET 0, SLIDES 22 -23 OF THE PLAT RECORDS OF
WILLIAMSON COUNTY, TEXAS, AND ALSO BEING A PORTION OF THAT
CERTAIN 74.590 ACRE TRACT OF LAND CONVEYED TO SCOTT & WHITE
MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY FOUNDATION BY
DEED OF RECORD IN DOCUMENT NO. 9733254 OF THE OFFICIAL RECORDS
OF WILLIAMSON COUNTY, TEXAS; SAID 50.154 ACRES BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING, at a 1/2 inch iron rod found in the easterly right -
of -way line of Interstate Highway 35 (R.O.W. varies), being the
southwesterly corner of that certain 132.28 acre tract of land
conveyed to ANC -Round Rock Assets II, LP by deed of record in
Document No. 2001001644 of the Official Public Records of
Williamson County, Texas, same being the northwesterly corner of
said 74.590 acre tract and hereof;
THENCE, N69 °15'57 "E, leaving the easterly line of Interstate
Highway 35, along a portion of the northerly line of said 74.590
acre tract, being in part the southerly line of said 132.28 acre
tract and in part a portion of the westerly line of that certain
107.44 acre tract of land conveyed to NNP- Teravista by deed of
record in Document No. 2001001639 of said Official Public
Records, for the northerly line hereof, passing at a distance of
1548.87 feet a 1/2 inch iron rod with cap found for the
southeasterly corner of said 132.28 acre tract, being an angle
point in the westerly line of said 107.44 acre tract, and
continuing for a total distance of 1609.98 feet to a 1/2 inch
iron rod with cap set in the curving easterly right -of -way line
of future Oakmont Drive (100' R.O.W.) for the northeasterly
corner hereof, from which a 1/2 inch iron rod found, being the
northeasterly corner of said 74.590 acre tract, same being an
angle point in the westerly line of said 107.44 acre tract bears
N69 °15'57 "E, a distance of 1514.38 feet;
THENCE, leaving the westerly line of said 107.44 acre tract,
over and across said 74.590 acre tract, along the easterly
right -of -way line of future Oakmont Drive for the easterly line
hereof, the following three (3) courses and distances:
1) Along a non - tangent curve to the left having a radius of
2200.00 feet, a central angle of 23 °28'12 ", an arc length
of 901.18 feet, and a chord which bears S08 °58'06 "E, a
distance of 894.89 feet to a 1/2 inch iron rod with cap set
for the point of tangency;
FN 05- 116(CAG)
FEBRUARY 18, 2005
PAGE 2 OF 2
2) S20 °42'11 "E, a distance of 436.20 feet to a 1/2 inch iron
rod with cap set for an angle point;
3) S65 °42'54 "E, along a right -of -way cutback at the
intersection of future Oakmont Drive and Chandler Road
(R.O.W. varies), a distance of 35.35 feet to a 1/2 inch
iron rod with cap set for the southeasterly corner hereof,
being in the northerly right -of -way line of Chandler Road
and the southerly line of said 74.590 acre tract from which
a 1/2 inch iron rod found in the northerly right -of -way
line of Chandler Road, being the southeasterly corner of
said 74.590 acre tract, same being the southwesterly corner
of said 107.44 acre tract bears N69 °17'01 "E, a distance of
1575.90 feet;
THENCE, along the northerly right -of -way line of Chandler Road,
being the southerly and a portion of the westerly line of said
74.590 acre tract, for a portion of the southerly line hereof,
the following two (2) courses and distances:
1) S69 °17'01 "W, a distance of 763.18 feet to a cotton gin
spindle found for the southwesterly corner of said 74.590
acre tract for an angle point hereof;
2) N20 °43'37 "W, a distance of 20.06 feet to a 1/2 inch iron rod
found for an angle point hereof, being the southeasterly
corner of said Lot 1;
THENCE, S69 °17'30 "W, leaving the westerly line of said 74.590
acre tract, continuing along the northerly right -of -way line of
Chandler Road, being the southerly line of said Lot 1 for a
portion of the southerly line hereof, a distance of 934.24 feet
to a 1/2 inch iron rod with cap found for the southwesterly
corner of said Lot 1 and hereof, being in the easterly right -of-
way line of Interstate Highway 35;
THENCE, leaving the northerly right -of -way line of Chandler
Road, along the easterly right -of -way line of Interstate Highway
35, being the westerly line of said Lot 1 and a portion of the
westerly line of said 74.590 acre tract for the westerly line
hereof, the following three (3) courses and distances:
1) N22 °52'19 "W, a distance of 330.08 feet to a concrete highway
monument found at the point of curvature of a curve to the
right;
2) Along said curve to the right having a radius of 1095.90
feet, a central angle of 20 °51'40 ", an arc distance of
399.01 feet and a chord which bears N12 °29'06 "W, a distance
of 396.81 feet to a concrete highway monument found for the
end of said curve;
FN 05- 116(CAG)
FEBRUARY 18, 2005
PAGE 3 OF 3
3) NO2 °04'48 "W, a distance of 626.96 feet to the POINT OF
BEGINNING, containing an area of 50.154 acres (2,184,720
square feet) of land, more or less, within these metes and
bounds.
BEARING BASIS: REFERENCED TO THE TEXAS STATE PLANE COORDINATE
SYSTEM, CENTRAL ZONE BASED ON PUBLISHED NAD 83/93 HARN VALUES
FOR THE CITY OF GEORGETOWN MONUMENTATION NETWORK.
I, JOHN T. BILNOSKI, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO
HEREBY CERTIFY THAT THE PROPERTY DESCRIBED HEREIN WAS DETERMINED
BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND
SUPERVISION. A SURVEY EXHIBIT WAS PREPARED TO ACCOMPANY THIS
DESCRIPTION.
BURY & PARTNERS, INC.
ENGINEERS AND SURVEYORS
3345 BEE CAVES ROAD, SUITE 200
AUSTIN, TEXAS 78746
JOHN T BILNOSKI
R.P.L. . #4998
STATE •F TEXAS
No.
Bearing
Distance
L1
S20'4211 "E
436.20'
L2
S65'42'54 "E
35.35'
L3
1420'43'37 "W
20.06'
L4
N22'52'19 "W
330.08'
L5
NO2'04'48 "W
626.96'
L6
N69'15'57 "E
1514.38'
1_7
N69'17'01 "E
1575.90'
•
0
•
P.O.B
P.O.B.
VICINITY MAP
N.T.S. 132.28 ACRES ANC —ROUND ROCK ASSETS 11, LP
DOC. NO. 2001001644
N69'15'57 "E 1609.98'
eO L /NE
y / 60.154 ACRES
(2184,72o SQ. FT.)
LOT 1, BLOCK A
FIRST LIMITED ADDITION
CAB. 0, SLD. 22 -23
SCOTT, SHERWOOD AND
BRINDLEY FOUNDATION
DOC. NO. 9700732
LEGEND
1/2" IRON ROD FOUND (UNLESS NOTED)
1/2" IRON ROD SET WITH CAP
CONCRETE MONUMENT FOUND
POINT OF BEGINNING
BARSHOP & OLES
b Bury +Partners
Consulting Engineers and Surveyors
Au.W,h4 Tel 618/84 -0011 he 5L2/24 -0026
n,mr.'w". I.e. A 1066
DATE: 02 /18/05
0 150 300 600
SCALE: 1 "= 300'
No.
C1
C2
Dello
23'28'12"
20'51'40"
Radius
2200.00
1095.90
Arc Lenoth
901.18
399.01
Chord Lenoth
894,89
396.81
Chord Beorino
S08'58'06 "E
N1 2'29'06"W
— 1
1548.87'
569'17'30 "W 934.24' corroN SPINDLE
MCNEIL CONSUMER
PRODUCTS CO.
VOL. 657, PG. 659
CURVE TABLE
74.590 ACRES
SCOTT & WHITE
MEMORIAL HOSPITAL
AND SCOTT,
SHERWOOD AND
BRINDLEY
FOUNDATION
DOC. NO. 9733254
CHANDLER ROAD L3' S69'17'01 "W 763.18'
c.
O
LINE TABLE
(R.O.W. VARIES)
07/44 ACRES
NN17' —TERA VISTA
/DOC. NO.
200 1001 63
L6
J
cf? L7 f •
OAKMONT
CENTRE
LOT 1 ig
PROVIDEN OAKMONT
DEV. CO. CENTRE
LOT 1
SEC. 2 SEC. 4
SKETCH TO ACCOMPANY DESCRIPTION
OF 50.154 ACRES OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT N0. 212.
SITUATED IN 1NLLIAMSON COUNTY, TEXAS BEING A PORTION OF THAT CERTAIN 74.590 ACRE
TRACT OF LAND CONVEYED TO SCOTT AND WHITE MEMORIAL HOSPITAL AND SCOTT,
SHERWOOD AND BRINDLEY FOUNDATION BY DEED OF RECORD IN DOCUMENT N0. 9733254 OF
THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AND ALL OF LOT 1, BLOCK
A. FIRST LIMITED ADDITION, A SUBDIVISION OF RECORD IN CABINET 0, SLIDES 22 -23 OF THE
PLAT RECORDS OF WILLIAMSO61 COUNTY, TEXAS
[FILE: H: \392 \37 \39237EX18.dwg 'FN,No.:05- 116(CAG) (DRAWN B Y:CAG ,PROJ. No: 392 -37
THE STATE OF TEXAS
COUNTY OF WILLIAMSON §
§
EXHIBIT B
LIEN HOLDER CONSENT
That JPMorgan Chase Bank, N.A., acting herein by and through its duly authorized officers,
being the holder of a lien as evidenced by Deed of Trust recorded or to be recorded in the Official
Records of Williamson County, Texas, does hereby consent to the Agreement and Development Plan of
37.153 acres of land situated in Round Rock, Williamson County, Texas, and does further hereby join,
approve and consent to all provisions shown therein.
STATE OF TEXAS
COUNTY OF TRAVIS
1
JPMorgan Chase
By: fr
Name: /7i9c/
Title: «l/
This instrument was acknowledged before me on the g day of Z1G. 2005
y ran S• T.e! 5��ce P�� ies. of JPMorgan Chase Bank, - N.A., a
national banking association, behalf of said national banking association.
Notary Pu . ic, tate of Texas
Commission Expires:
EXHIBIT C
DEVELOPMENT PARCELS
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EXHIBIT C
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EXHIBIT C -1
METES AND BOUNDS DESCRIPTION OF PARCEL 1
35.098 ACRES
SCOTT & WHITE TRACT
BARSHOP & OLES
DESCRIPTION
FN. NO. 05- 083(CAG)
FEBRUARY 5, 2005
BPI JOB NO. 392 -37
OF A 35.098 ACRE TRACT OF LAND OUT OF THE EPHRAIM EVANS SURVEY,
ABSTRACT NO. 212, SITUATED IN WILLIAMSON COUNTY, TEXAS, BEING A
PORTION OF THAT CERTAIN 74.590 ACRE TRACT OF LAND CONVEYED TO
SCOTT & WHITE MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY
FOUNDATION BY DEED OF RECORD IN DOCUMENT N0. 9733254 OF THE
OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND A PORTION OF
LOT 1, BLOCK A, FIRST LIMITED ADDITION, A SUBDIVISION OF RECORD
IN CABINET 0, SLIDES 22 -23 OF THE PLAT RECORDS OF WILLIAMSON
COUNTY, TEXAS; SAID 35.098 ACRES BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING, at a 1/2 inch iron rod found at the intersection of
the easterly right -of -way line of Interstate Highway 35 (R.O.W.
varies) and the northerly right -of -way line of Chandler Road
(R.(D.W. varies), being the southwesterly corner of said Lot 1
and hereof;
THENCE, leaving the northerly right -of -way line of Chandler
Road, along the easterly line of Interstate Highway 35, being a
portion of the westerly line of said Lot 1, for a portion of the
westerly line hereof, the following two (2) courses and
distances:
1) N22 °52'19 "W, a distance of 330.08 feet to a concrete highway
monument found, being the point of curvature of a curve to
the right;
2) Along said curve to the right having a radius of 1095.90
feet, a central angle of 20 °18'17 ", an arc distance of
388.37 feet and a chord which bears N12 °45'48 "W, a distance
of 386.34 feet to a 1/2 inch iron rod with cap set for the
point of curvature of a non - tangent curve to the left, from
which a concrete highway monument found for the end of said
curve in the easterly line of Interstate Highway 35 bears
with the arc of said curve NO2 °19'58 "W, a chord distance of
10.64 feet;
FN 05- 083(CAG)
FEBRUARY 5, 2005
Page 2 of 4
THENCE, leaving the easterly right -of -way line of Interstate
Highway 35, over and across said Lot 1, and over and across said
74.590 acre tract, for the northerly line hereof, the following
nine (9) courses and distances:
1) Along said non - tangent curve to the left having a radius of
1274.94 feet, a central angle of 16 °53'49', an arc length of
375.99 feet and a chord which bears N74 °20'15 "E, a distance
of 374.62 feet to a 1/2 inch iron rod with cap set for the
end of said curve;
2) N20 °43'21 "W, a distance of 2.86 feet to a 1/2 inch iron rod
with cap set for the point of curvature of a curve to the
right;
3) Along said curve to the right having a radius of 430.00 feet,
a central angle of 60 °13'28 ", an arc length of 451.98 feet,
and a chord which bears N09 °23'23 "E, a distance of 431.46
feet to a 1/2 inch iron rod with cap set for the point of
curvature of a reverse curve to the left;
4) Along said reverse curve to the left having a radius of
770.00 feet, a central angle of 26 °45'31 ", an arc length of
359.61 feet, and a chord which bears N26 °07'22 "E, a distance
of 356.35 feet to a 1/2 inch iron rod with cap set for the
end of said curve;
5) 580 °00'18 "E, a distance of 182.14 feet to a 1/2 inch iron rod
with cap set for the point of curvature of a curve to the
right;
6) Along said curve to the right having a radius of 260.25 feet,
a central angle of 27 °15'46 ", an arc length of 123.83 feet,
and a chord which bears 566 °22'25 "E, a distance of 122.67
feet to a 1/2 inch iron rod with cap set for the point of
tangency;
7) 552 °44'31 "E, a distance of 153.59 feet to a 1/2 inch iron rod
with cap set for an angle point;
8) S74 °43'22 "E, a distance of 33.11 feet to a 1/2 inch iron rod
with cap set for an angle point;
FN 05- 083(CAG)
FEBRUARY 5, 2005
Page 3 of 4
9) N83 °17'48 "E, a distance of 382.83 feet to a 1/2 inch iron rod
with cap set for the point of curvature of a non - tangent
curve to the left, being in the westerly right -of -way line of
future Oakmont Drive (100' R.O.W.);
THENCE, continuing over and across said 74.590 acre tract, along
the westerly right -of -way line of future Oakmont Drive for the
easterly line hereof, the following two (2) courses and distances:
1) Along said non - tangent curve to the left, having a radius of
2300.00 feet, a central angle of 10 °57'26 ", an arc length of
439.86 feet, and a chord which bears S15 °13'28 "E, a distance
of 439.19 feet to a 1/2 inch iron rod with cap set for the
point of tangency;
2) S20 °42'11 "E, a distance of 436.23 feet to a 1/2 inch iron
rod with cap set for an angle point in the westerly line
hereof;
THENCE, S24 °17'06 "W, along a right -of -way cutback at the
intersection of future Oakmont Drive and Chandler Road, a
distance of 35.36 feet to a 1/2 inch iron rod with cap set for
the southeasterly corner hereof, being in the northerly right -of-
way line of Chandler Road, from which a 1/2 inch iron rod found
for the common southerly corner of said 74.590 acre tract and
that certain 107.44 acre tract of land conveyed to NNP- Teravista
LP by deed of record in Document No. 2001001639 of the Official
Public Records of Williamson County, Texas bears N69 °17'01 "E, a
distance of 1725.90 feet;
THENCE, along the northerly line of Chandler Road, being the
southerly and a portion of the westerly line of said 74.590 acre
tract, for a portion of the southerly line hereof, the following
two (2) courses and distances:
1) S69 °17'01 "W, a distance of 613.18 feet to a cotton gin
spindle found for an angle point;
2) N20 °43'37 "W, a distance of 20.06 feet to a 1/2 inch iron rod
found, being the southeasterly corner of said Lot 1;
FN 05- 083(CAG)
FEBRUARY 5, 2005
Page 4 of 4
THENCE, 569 °17'30 "W, leaving the westerly line of said 74.590
acre tract, continuing along the northerly line of Chandler
Road, being the southerly line of said Lot 1 for a portion of
the southerly line hereof, a distance of 934.24 feet to the
POINT OF BEGINNING, containing an area of 35.098 acres (1,528,877
sq. ft.) of land, more or less, within these metes and bounds.
BEARING BASIS: REFERENCED TO THE TEXAS STATE PLANE COORDINATE
SYSTEM, CENTRAL ZONE BASED ON PUBLISHED NAD 83/93 HARN VALUES
FOR THE CITY OF GEORGETOWN MONUMENTATION NETWORK
BURY +PARTNERS, INC.
ENGINEERS - SURVEYORS
3345 BEE CAVE ROAD
SUITE 200
AUSTIN, TEXAS 78746
JOHN BILNOSKI, R
NO. 4 "98
STATE OF TEXAS
No.
Delta
Radius
Arc Length
Chord Lenath
Chord Bearing
C1
20'18'17"
1095.90
388.37
386.34
N12'45'48 "W
C2
16'53'49"
1274.94
375.99
374,62
N74'2O'15 "E
C3
60'13'28"
430.00
451.98
431.46
N09'23'23 "E
C4
26'45'31"
770.00
359.61
356.35
N26'O7'22 "E
C5
27'15'46"
260.25
123.83
122.67
566'22'25 "E
C6
10'57'26"
2300.00
439.86
439.19
S151 3'28 "E
C7
00'33'23"
1095.90.
10.64
10.64
NO2'19'58 "W
No.
Beorina
Distance
L1
N22 W
330.08'
L2
N2O'43'21 "W
2.86'
L3
580'00'18 "E
182.14'
L4
S52'44'31 'E
153.59'
L5
574'43'22 "E
33.11'
L6
N83'17'48 "E
382.83'
No,
Beorina
Distance
L7
520'42'11 "E
436.23'
L8
S241 7'06 "W
35.36'
L9
569'17'01 "W
613.18'
L1O
N2O'43'37 "W
20.06'
L11
N691 7'01 "E
1725.90
CO
C7
VICINITY MAP
N.T.S.
132,28 ACRES ANC -ROUND ROCK ASSETS II, LP
DOC. NO. 2001001 DEED LINE
DEED LINE
C2
LOT 1, BLOCK A
FIRST LIMITED ADDITION
CAB. 0, SLD, 22 -23
SCOTT, SHERWOOD AND
BRINDLEY FOUNDATION
DOC, NO. 9700732
S6917'3O "W 934.24'
CHANDLER ROAD L1
BARSHOP & OLES
b Bury Partners
Consul ng Engineers end Surveyors
12.1.15,7... 1d 512/32 -0011 Pu 512f 214325
O.T*P.rl.er. h., Wg0A0 1 2001
35.098 ACRES
(1,528,877 SQ. FT.)
----L2
corroN
4
74.590 ACRES
SCOTT & WHITE
MEMORIAL HOSPITAL
AND SCOTT,
SHERWOOD AND
BRINDLEY
FOUNDATION
DOC. NO. 9733254
L9
SPINDLE
P.O.B.
MCNEIL CONSUMER
0 150 300 600 PRODUCTS Co.
SCALE: 1 "= 300' VOL. 657, PG. 659
CURVE TAB
(6
LINE TABLE
6
LOT 1
OAKMONT
CENTRE
SEC. 2
YL I • 1/2" IRON ROD
a 1 FOUND (UNLESS NOTED;
CI I 0 1/2" IRON ROD
SET WITH CAP
1 • CONCRETE MONUMENT
FOUND
I P.O.B. POINT OF BEGINNING
O1
¢I
E I
(R.O.W. VARIES)
/ 107.44 ACRES
1 p NN/ TERAVISTA
DOC. NO.
/200 1001539
LEGEND
L11
g r DEV. P ROVIDEN' LOT 1
O AKMONT
3 C O. SEC. 4
SKETCH TO ACCOMPANY DESCRIPTION
OF 35.098 ACRES OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212.
SITUATED IN WILLIAMSON COUNTY, TEXAS BEING A PORTION OF THAT CERTAIN 74.590 ACRE
TRACT OF LAND CONVEYED TO SCOTT AND WHITE MEMORIAL HOSPITAL AND SCOTT.
SHERWOOD AND BRINDLEY FOUNDATION BY DEED OF RECORD IN DOCUMENT NO 9733254 OF
THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AND A PORTION OF LOT 1.
BLOCK A. FIRST LIMITED ADDITION, A SUBDIVISION OF RECORD IN CABINET 0, SLIDES 22 -
OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS
DATE: 02/08/05 I FILE: H: \392 \37 \39237EX7,dwg IFN No.:05- O83(CAG) IDRAWN BY:CAG IPROJ. No: 392 -37
EXHIBIT C -2
METES AND BOUNDS DESCRIPTION OF PARCEL 2
5.148 ACRES
SCOTT & WHITE TRACT
BARSHOP & OLES
DESCRIPTION
FN NO. 05 -075 (CAG)
FEBRUARY 2, 2005
BPI JOB NO. 392 -37
OF 5.148 ACRES OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT
NO. 212, SITUATED IN WILLIAMSON COUNTY, TEXAS BEING A PORTION OF
THAT CERTAIN 74.590 ACRE TRACT OF LAND CONVEYED TO SCOTT AND WHITE
MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY FOUNDATION BY
DEED OF RECORD IN DOCUMENT NO. 9733254 OF THE OFFICIAL PUBLIC
RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 5.148 ACRES OF LAND
BEING MORE PARTICULARLY DESCRIBED BY. METES AND BOUNDS AS FOLLOWS:
COMMENCING at a 1/2 inch iron rod found in the easterly right -of-
way line of Interstate Highway 35 (R.O.W. varies), being the
southwesterly corner of that certain 132.28 acre tract of land
conveyed to ANC -Round Rock Assets II, LP by deed of record in
Document No. 2001001644 of the Official Public Records of
Williamson County, Texas, same being the northwesterly corner of
said 74.590 acre tract;
THENCE, N69 °15'57 "E, leaving the easterly line of Interstate
Highway 35, along the southerly line of said 132.28 acre tract,
being a portion of the northerly line of said 74.590 acre tract a
distance of 657.06 feet to a 1/2 inch iron rod with cap set for the
POINT OF BEGINNING, being the northwesterly corner hereof;
THENCE, N69 °15'57 "E, continuing along the southerly line of said
132.28 acre tract, being a portion of the northerly line of said
74.590 acre tract, for the northerly line hereof, a distance of
844.33 feet to a 1/2 inch iron rod with cap set for the point of
curvature of a non - tangent curve to the left, being in the westerly
right -of -way line of future Oakmont Drive (100' R.O.W.), for the
northeasterly corner hereof, from which a 1/2 inch iron rod with
cap found in the northerly line of said 74.590 acre tract, being
the common southerly corner of said 132.28 acre tract and that
certain 107.44 acre tract of land conveyed to NNP- Teravista by deed
of record in Document No. 2001001639 of said Official Public
Records, bears N69 °15 "E, distance of 47.49 feet
THENCE, leaving the southerly line of said 132.28 acre tract, over
and across said 74.590 acre tract, along the westerly right -of -way
line of future Oakmont Drive, along said non - tangent curve to the
left having a radius of 2300.00 feet, a central angle of
11 °26'01 ", an arc length of 458.98 feet, and a chord which bears
SO4 °01'44 "E, a distance of 458.22 feet to a 1/2 inch iron rod with
cap set for the southeasterly corner hereof;
FN 05- 075(CAG)
FEBRUARY 2, 2005
PAGE 2 OF 2
THENCE, leaving the westerly right -of -way line of Future Oakmont
Drive, continuing over and across said 74.590 acre tract along the
southerly and westerly lines hereof, the following six (6) courses
and distances:
1) S83 °17'48 "W, a distance of 382.83 feet to a 1/2 inch iron rod
with cap set for an angle point;
2) N74 °43'22 "W, a distance of 33.11 feet to a 1/2 inch iron rod
set for the southwesterly corner hereof;
3) N52 °44'31 "W, a distance of 153.59 feet to 1/2 inch iron rod
with cap set for the point of curvature of a curve to the
left;
4) Along said curve to the left having a radius of 260.25 feet,
a central angle of 27 °15'46 ", an arc length of 123.83 feet,
and a chord which bears N66 °22'25 "W, a distance of 122.67
feet to a 1/2 inch iron rod with cap set for the point of
tangency;
5) N80 °00'18 "W, a distance of 182.14 feet to a 1/2 inch iron rod
with cap set for the point of curvature of a non - tangent
curve to the left;
6) Along said non - tangent curve to the left having a radius of
770.00 feet, a central angle of 01 °32'57 ", an arc length of
20.82 feet, and a chord which bears N11 °58'08 "E, a distance
of 20.82 feet to the POINT OF BEGINNING containing an area of
5.148 acres (224,254 sq. ft.) of land, more or less, within
these metes and bounds.
BEARING BASIS: REFERENCED TO THE TEXAS STATE PLANE COORDINATE
SYSTEM, CENTRAL ZONE BASED ON PUBLISHED NAD 83/93 BARN VALUES FOR
THE CITY OF GEORGETOWN MONUMENTATION NETWORK.
BURY & PARTNERS, INC.
ENGINEERS - SURVEYORS
3345 BEE CAVE ROAD, SUITE 200
AUSTIN, TEXAS 78746
JOHN T BILNOSKI
R.P.L... NO. 4998
STATE OF TEXAS
DATE
No.
Delta
Rodius
Arc Lenalh
Chord Lenath
Chord Bearing
SO4'01'44 "E
C1
11'26'01"
2300.00
458.98
458.22
02
2715'46"
260,25
123.83
122.67
N66'22'25 "W
C3
01'32'57"
770.00
20.82
20.82
N11'58'08 "E
No.
Bearin4
Distance
L1
S8317 48 "W
382.83'
L2
N74'43'22 "W
33.11'
L3
N52'44'31 "W
153.59'
L4
N80'00'18 "W
182.14'
L5
N6915'57 "E
47.49'
•
O
P, O. C.
P.O.B
VICINRY MAP
N. T.S.
I P.O.C.
N69'15'57 "E 657.06'
1
LOT 1, BLOCK A
FIRST LIMITED ADDITION
CAB. 0, SLD. 22 -23
SCOTT, SHERWOOD AND
BRINDLEY FOUNDATION
DOC. NO. 9700732
CHANDLER ROAD
BARSHOP AND OLES
h Bury Partners
Consulting Engineers and Surveyors
IWen,Tesu TN 830E8-8011 Pat 512/328 -0825
2mrrhrtmn, Iw..rurntrbt tN4
DATE: 02 /04/05 IFILE: 1-1: \392 \37 \39237EX13.dwg
UNE TABLE
132.28 ACRES ANC —ROUND ROCK ASSETS II, LP
DOC. NO. 2001001644
P.O.B.
N69"15'57 "E 844.33'
74.590 ACRES
SCOTT & WHITE
MEMORIAL HOSPITAL
AND SCOTT,
SHERWOOD AND
BRINDLEY
FOUNDATION
DOC. NO. 9733254
'TEGEAD
1/2" IRON ROD FOUND (UNLESS NOTED) MCNEIL CONSUMER
1/2" IRON ROD SET WITH CAP PRODUCTS CO.
POINT OF COMMENCEMENT VOL. 557, PG. 659
POINT OF BEGINNING
CURVE TABLE
Li
MN MN
0 150 300 600
SCALE: 1”= 300“
LOT 1
OAKMONT
CENTRE
SEC. 2
/
L5 /
PROVIDENT
DEV. CO.
O
07. ACRES
/ NNP/- TERAVISTA
/DOC. NO.
P001001639
LOT 1
OAKMONT
CENTRE
SEC. 4
SKETCH TO ACCOMPANY DESCRIPTION
OF 5.148 ACRES OF LAND OUT OF THE EPHRAIM EVANS SURVEY. ABSTRACT NO. 212,
SITUATED IN WILLIAMSON COUNTY, TEXAS BEING A PORTION OF THAT CERTAIN 74.590 ACRE
TRACT OF LAND CONVEYED TO SCOTT AND WHITE MEMORIAL HOSPITAL AND SCOTT,
SHERWOOD AND BRINDLEY FOUNDATION BY DEED OF RECORD IN DOCUMENT -NO. 9733254 OF
THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS
IFN No.:05- 075(CAG) IDRAWN BY: CAG IPROJ. to 392 -
EXHIBIT C -3
METES AND BOUNDS DESCRIPTION OF PARCEL 3
6.769 ACRES
SCOTT & WHITE TRACT
BARSHOP & OLES
DESCRIPTION
FN NO. 05 -074 (CAG)
FEBRUARY 2, 2005
BPI JOB NO. 392 -37
OF 6.769 ACRES OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT
NO. 212, SITUATED IN WILLIAMSON COUNTY, TEXAS BEING A PORTION OF
THAT CERTAIN 74.590 ACRE TRACT OF LAND CONVEYED TO SCOTT AND WHITE
MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY FOUNDATION BY
DEED OF RECORD IN DOCUMENT NO. 9733254 OF THE OFFICIAL PUBLIC
RECORDS OF WILLIAMSON COUNTY, TEXAS; AND A PORTION OF LOT 1, BLOCK
A, FIRST LIMITED ADDITION, A SUBDIVISION OF RECORD IN CABINET 0,
SLIDES 22 -23 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID
6.769 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING, at a 1/2 inch iron rod found in the easterly right -of-
way line of Interstate Highway 35 (R.O.W. varies), being the
southwesterly corner of that certain 132.28 acre tract of land
conveyed to ANC -Round Rock Assets II, LP by deed of record in
Document No. 2001001644 of the Official Public Records of
Williamson County, Texas, same being the northwesterly corner of
said 74.590 acre tract and hereof;
THENCE, N69 °15'57 "E, leaving the easterly line of Interstate
Highway 35, along the southerly line of said 132.28 acre tract,
being a portion of the northerly line of said 74.590 acre tract,
for the northerly line hereof, a distance of 657.06 to a 1/2 inch
iron rod with cap set for the point of curvature of a non - tangent
curve to the right, being the northeasterly corner hereof, from
which a 1/2 inch iron rod with cap found in the northerly line of
said 74.590 acre tract, being the common southerly corner of said
132.28 acre tract and that certain 107.44 acre tract of land
conveyed to NNP- Teravista by deed of record in Document No.
2001001639 of said Official Public Records, bears N69 °15'57 "E,
distance of 891.82 feet
THENCE, leaving the southerly line of said 132.28 acre tract, over
and across said 74.590 acre tract and over and across said Lot 1,
along the irregular southerly line hereof, the following four (4)
courses and distances:
1) Along said non - tangent curve to the right having a radius of
770.00 feet, a central angle of 28 °18'28 ", an arc length of
380.43 feet, and a chord which bears S25 °20'53 "W, a distance
of 376.57 feet to a 1/2 inch iron rod with cap set for the
point of curvature of a reverse curve to the left;
2) Along said reverse curve to the left having a radius of
430.00 feet, a central angle of 60 °13'28 ", an arc length of
451.98 feet, and a chord which bears S09 °23'23 "W, a distance
of 431.46 feet to a 1/2 inch iron rod with cap set for the
point of tangency;
FN 05- 074(CAG)
FEBRUARY 2, 2005
PAGE 2 OF 2
3) S20 °43'21 "E, a distance of 2.86 feet to a 1/2 inch iron rod
with cap set for the point of curvature of a non - tangent
curve to the right;
4) Along said non - tangent curve to the right having a radius of
1274.94 feet, a central angle of 16 °53'49', an arc length of
375.99 feet and a chord which bears S74 °20'15 "W, a distance
of 374.62 feet to a 1/2 inch iron rod with cap set in the
curving easterly right -of -way line of Interstate Highway 35
for the point of curvature of a non - tangent curve to the
right, from which a concrete highway monument found in the
easterly right -of -way line of Interstate Highway 35 bears
with the arc of a curve S12 °45'48 "E, a chord distance of
386.34 feet;
THENCE, along the easterly line of Interstate Highway 35, being the
westerly line of said Lot 1 and a portion of the westerly line of
said 74.590 acre tract, for the westerly line hereof, the following
two (2) courses and distances:
1) Along said curve to the right having a radius of 1095.90
feet, a central angle of 00 °33'23 ", an arc length of 10.64
feet, and a chord which bears NO2 °19'58 "W, a distance of
10.64 feet to a concrete highway monument found for the end
of said curve;
2) NO2 °04'48 "W, a distance of 626.96 feet to the POINT OF
BEGINNING containing an area of 6.769 acres (294,844 sq. ft.)
of land, more or less, within these metes and bounds.
BEARING BASIS: REFERENCED TO THE TEXAS STATE PLANE COORDINATE
SYSTEM, CENTRAL ZONE BASED ON PUBLISHED NAD 83/93 HARN VALUES FOR
THE CITY OF GEORGETOWN MONUMENTATION NETWORK.
BURY & PARTNERS, INC.
ENGINEERS - SURVEYORS
3345 BEE CAVE ROAD, SUITE 200
AUSTIN, TEXAS 78746
JOHN T. :ILNOSKI
R.P.L.S. NO. 4998
STATE OF TEXAS
No,
Oello
Radius
Arc Length
Chord Length
Chord Bearing
C1
2818'28"
770.00
380.43
376.57
525'20'53 "W
C2
6013'28"
430.00
451.98
431.46
S09'23'23 "W
C3
16'53'49"
1274.94
375.99
374.62
S74'20'15 "W
C4
00'33'23"
1095.90
10.64
10.64
NO219'58 "w
C5
2018'17"
1095.90
388.37
386.34
512'45'48 "E
No.
Beorini
Dislonce
L1
N69'15 57"E
657.06'
L2
S20'43'21 "E
2.86'
L3
NO2'04'48 "W
626.96'
•
O
•
P.0,8.
C3
LEGEND
VICINITY MAP
N.T.S.
P.O.B L1
L2
LOT 1, BLOCK A
FIRST LIMITED ADDITION
CAB. 0, SLD. 22 -23
SCOTT, SHERWOOD AND
BRINDLEY FOUNDATION
DOC. NO. 9700732
CHANDLER ROAD
BARSHOP AND OLES
h Bury +Partners
Consulting Engineers and Surveyors
Mangan TN 612/796 -06L1 he 612/726 - 0926
Bor»nnaen. •c, •G9wyA1 tAM
DATE: 02 /04/05 IFILE: H: \392 \37 \39237EX14,dwg
LINE TABLE
CURVE TABLE
/
132,23 ACRES ANC —ROUND ROCK ASSETS 11, LP /107.44 ACRES
DOC. NO. 2001001644 / NNP/- TERAVISTA
N6915'57 "E 891.82
74.590 ACRES
SCOTT & WHITE
MEMORIAL HOSPITAL
AND SC o
SHERWOOD AND
BRINDLEY
FOUNDATION
DOC. NO. 9733254
1/2" IRON ROD FOUND (UNLESS NOTED) MCNEIL CONSUMER
1/2" IRON ROD SET WITH CAP PRODUCTS CO.
MONUMENT FOUND VOL. 657, PG. 659
POINT OF BEGINNING
0 150 300 600
SCALE: 1 "= 300'
/ /
/
/ /
/
I I
1
1
I I
G
LOT 1
OAKMONT O PROVIDENT
CENTRE a DEV. CO.
SEC. 2 O
1 /DOC. NO.
/ ,2001001639
LOT 1
OAKMONT
CENTRE
SEC. 4
SKETCH TO ACCOMPANY DESCRIPTION
OF 6.769 ACRES OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO, 212.
SITUATED IN WILLIAMSON COUNTY. TEXAS BEING A PORTION OF THAT CERTAIN 74,590 ACRE
TRACT OF LAND CONVEYED TO SCOTT AND WHITE MEMORIAL HOSPITAL AND . SCOTT,
SHERWOOD AND BRINDLEY FOUNDATION BY DEED OF RECORD IN DOCUMENT NO. 9733254 OF
THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY. TEXAS; AND A PORTION OF LOT 1,
BLOCK A, FIRST LIMITED ADDITION, A SUBDIVISION OF RECORD IN CABINET 0. SLIDES 22 -23
OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS
IFN No.:05- 074(CAG) (DRAWN BY:CAG IPROJ. No: 392 - 37
EXHIBIT C-4
METES AND BOUNDS DESCRIPTION OF OAICMONT DRIVE
3.139 ACRES
SCOTT & WHITE TRACT
BARSHOP & OLES
DESCRIPTION
FN. NO. 05- 102(CAG)
FEBRUARY 9, 2005
BPI JOB NO. 392 -37
OF A 3.139 ACRE TRACT OF LAND OUT OF THE EPHRAIM EVANS SURVEY,
ABSTRACT NO. 212, SITUATED IN WILLIAMSON COUNTY, TEXAS BEING A
PORTION OF THAT CERTAIN 74.590 ACRE TRACT OF LAND CONVEYED TO
SCOTT & WHITE MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY
FOUNDATION BY DEED OF RECORD IN DOCUMENT N0. 9733254 OF THE
OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 3.139 ACRES
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING at a cotton gin spindle found in the northerly right -
of -way line of Chandler Road (R.O.W. varies), being the
southwesterly corner of said 74.590 acre tract, from which a 1/2
inch iron rod found in the northerly right -of -way line of
Chandler Road, being the southeasterly corner of Lot 1, Block A
First Limited Addition, a subdivision of record in Cabinet o,
Slides 22 -23 bears N20 °43'37 "W, a distance of 20.06 feet;
THENCE, N69 °17'01 "E, along the northerly right -of -way line of
Chandler Road, being a portion of the southerly line of said
74.590 acre tract, a distance of 613.18 feet to a 1/2 inch iron
rod with cap set for the POINT OF BEGINNING and the southwesterly
corner hereof;
THENCE, leaving the northerly right -of -way line of Chandler
Road, over and across said 74.590 acre tract, for the westerly
line hereof, the following three (3) courses and distances:
1) N24 °17'06 "E, a distance of 35.36 feet to a 1/2 inch iron
rod with cap set for an angle point;
2) N20 °42'11 "W, a distance of 436.23 feet to a '72 inch iron
rod with cap set for the point of curvature of a curve to
the right;
3) Along said curve to the right, having a radius of 2300.00
feet, a central angle of 22 °23'28 ", an are length of 898.83
feet, and a chord which bears N09 °30'28 "W, a distance of
893.12 feet to a 1/2 inch iron rod with cap set for the
northwesterly corner hereof, being in the northerly line of
said 74.590 acre tract, same being in the southerly line of
that certain 132.28 acre tract of land conveyed to ANC -
Round Rock Assets II, LP by deed of record in Document No.
2001001644 of the Official Public Records of Williamson
County, Texas;
FN 05- 102(CAG)
FEBRUARY 9, 2005
Page 2 of 2
THENCE, N69 °15'57 "E, along a portion of the northerly line of
said 74.590 acre tract, being in part a portion of the southerly
line of said 132.28 acre tract and in part a portion of the
westerly line of that certain 107.44 acre tract of land conveyed
to NNP- Teravista LP by deed of record in Document No. 2001001639
of said Official Public Records for the northerly line hereof,
passing at a distance of 47.49 feet a 1/2 inch iron rod found
for the southeasterly corner of said 132.28 acre tract, same
being an angle point in the westerly line of said 107.44 acre
tract, and continuing for a total distance of 108.60 feet to a
1/2 inch iron rod with cap set for the northeasterly corner
hereof, being the point of curvature of a non - tangent curve to
the left;
THENCE, leaving the westerly line of said 107.44 acre tract,
over and across said 74.590 acre tract, for the easterly line
hereof, the following three (3) courses and distances;
1) Along said non - tangent curve to the left, having a radius
of 2200.00 feet, a central angle of 23 °28'12 ", an are
length of 901.18 feet, and a chord which bears 808 °58'06 "E,
a distance of 894.89 feet to a 1/2 inch iron rod with cap
set for the point of tangency;
2) S20 °42'11 "E, a distance of 436.20 feet to a 1/2 inch iron
rod with cap set for an angle point;
3) S65 °42'54 "E, a distance of 35.35 feet to a 1/2 inch iron
rod with cap set for the southeasterly corner hereof, being
in the northerly right -of -way line of Chandler Road, from
which a 1/2 inch iron rod found for the common southerly
corner of said 74.590 acre tract and said 107.44 acre tract
bears N69 °17'01 "E, a distance of 1575.90 feet;
THENCE, S69 °17'01 "W, along the northerly lime of Chandler Road,
being a portion of the southerly line of said 74.590 acre tract,
for the southerly line hereof, a distance of 150.00 feet to the
POINT OF BEGINNING, containing an area of 3.139 acres (136,744
sq. ft.) of land, more or less, within these metes and bounds.
BEARING BASIS: REFERENCED TO THE TEXAS STATE PLANE COORDINATE
SYSTEM, CENTRAL ZONE BASED ON PUBLISHED NAD 83/93 HARN VALUES
FOR THE CITY OF GEORGETOWN MONUMENTATION NETWORK
BURY +PARTNERS, INC.
ENGINEERS - SURVEYORS
3345 BEE CAVE ROAD
SUITE 200
AUSTIN, TEXAS 78746
JOHN . BILNOSKI R.P.L S.! JOMNT_BILN0S >
NO. 998 q
��' 9 4998 r��,J
STAT . OF TEXAS •� w°,NesavO /
No.
Beorin4
N24'17 06 "E
Dislonce
35.36'
L1
L2
N20'42'11 "W
436.23'
L3
N69'15'57 "E
108.60'
L4
520'42'11 "E
436.20'
L5
S65'42'54 "E
35.35'
L6
S6917'01 "W
150.00'
L7
N20'43'37 "W
20.06'
L8
N69'17'01 "E
613.18
L9
N6917'01 "E
1575.90
Q
1I
/
LEGEND
VICINITY MAP
N. T.S.
DEED LINE
SCOTT, SHERWOOD AND
BRINDLEY FOUNDATION
DOC. NO. 9700732
• 1/2" IRON ROD FOUND (UNLESS NOTED)
0 1/2" IRON ROD SET WITH CAP
P,O.C, POINT OF COMMENCEMENT
P.O.e. POINT OF BEGINNING
LINE TABLE
MCNEIL CONSUMER
PRODUCTS CO.
VOL. 657, PG. 659
CURVE TABLE
No.
C1
C2
Delta
22'23'28"
23'28'12"
Rod1US
2300.00
2200.00
Arc Length
898.83
901.18
Chord Length
893.12
894.89
Chord Bearing
N09'30'28 "W
508'58'06 "E
132.28 ACRES ANC —ROUND ROCK ASSETS 11, LP
DOC. N0. 2001001644
DEED LINE
3:139 ACRES
(136, 744 SO. FT.)
74.590 ACRES
SCOTT do WHITE
MEMORIAL HOSPITAL
AND SCOTT,
LOT 1, BLOCK A SHERWOOD AND
FIRST LIMITED ADDITION W BRINDLEY
CAB. 0, SLD. 22 -23 o FOUNDATION
DOC. NO. 9733254
47.
L7 PA "C P.O.B. L6 P.O. � .• • <S
CHANDLER ROAD (R.O.w. VARIES) COTTON SPINDLE L6
0 150 300 600
SCALE: 1 "= 300'
L3
107.44 ACRES
NNP— TERAVISTA
DOC. NO.
2001001639
L9
LOT 1 PROVIDENT LOT 1
OAKMONT OAKMONT
CENTRE DEV. CO. CENTRE
SEC. 2 SEC. 4
BARSHOP & OLES
I ) Bury+ Partners
Consul ng Engineers and Surveyors
NwW,Taw Tel 519/6Lr -6611 hi 61E/r1B -0316
woannore 0e.eeep)616L 1061
SKETCH TO ACCOMPANY DESCRIPTION
OF 3,139 ACRES OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT N0. 212,
SITUATED IN WILLIAMSON COUNTY, TEXAS BEING A PORTION OF THAT CERTAIN 74,590 ACRE
TRACT OF LAND CONVEYED TO SCOTT AND WHITE MEMORIAL HOSPITAL AND SCOTT,
SHERWOOD AND BRINDLEY FOUNDATION BY DEED OF RECORD IN DOCUMENT NO. 9733254 OF
THE OFFICIAL RECORDS OF WILLJAMSON COUNTY, TEXAS
DATE:02 /09/05 IFILE: H: \392 \37 \39237EX IN No.:05- 102(CAG) IDRAWN BY:CAG IPROJ. No: 392 -37
EXHIBIT D -1
USES AND DEVELOPMENT STANDARDS FOR PARCEL 1
In accordance with Section 11.314 of the Round Rock Zoning Ordinance, the following
use regulations, design standards and development standards shall apply to all
development on the portion of the Property identified as Parcel 1 on the Parcel Map,
attached to this ordinance as Exhibit "C", and further described by metes and bounds
in Exhibit "C - ". Unless otherwise defined, all terms used shall correspond to the
definitions in the City of Round Rock Code of Ordinances.
1. PERMITTED USES
The following principal uses are permitted:
• Grocery Stores (within a structure containing at least 125,000 square feet)
• Retail Sales and Services provided Retail Services shall be limited to the following:
o Florist
o Cleaners (drop -off and pick -up only)
o Hair Salon
o Alteration Shop (Tailor)
o Copy Business Center
o Dental Service*
o Shoe Repair*
o Real Estate Office*
o Day Spa*
o Travel Agency*
o Dance Studio*
o Private Postal Service*
o Jewelry Repair*
o Weight Loss Center*
o Dental Service*
o Chiropractor*
o Educational Learning Center*
o Stocks and Bonds Brokers*
o Mortgage Companies*
o Insurance Agents*
* The aggregate square footage of the services marked with an asterisk operating on
Parcel 1 at any time shall not exceed 10,000 square feet and shall only be permitted in a
building facing Chandler Road, or Oakmont Drive.
• Bank (including off -site cash machines). This includes banks, savings and loans, and
credit unions.
• Indoor Entertainment Activities (provided such activities shall be limited to an
operation which includes both a mix of entertainment activities and food and
beverage service).
• Eating Establishments, excluding drive through services (except that a "to go"
window shall be permitted for a sit down restaurant)
• Drive through services for a bank or pharmacy
• Outdoor Entertainment (this use shall be limited only to an outdoor music venue)
• Theater /Cinema
• Bars /Pubs /Taverns, which is the use of a site for the retail sale of alcoholic
beverages for consumption on premises
• Hotel
• Conference Center
• Fire or Police Station
• Visitor Center, which is the use of a site for the provision of information to the
public regarding a development, project, or the surrounding community, as well as
related activities, events, programs and tourist locations.
• Wireless Transmission Facility, Stealth
• Wireless Transmission Facility, Attached
• Park, Private
• Park, Linear /Linkage
• Park, Community
• Park, Neighborhood
• Park, Regional /Metropolitan
2. PROHIBITED USES
The following uses are prohibited:
• Gasoline & fuel sales
• Automotive & machinery repair
• Automotive & machinery services
• Automotive parts
• Automotive sales
• Automotive rental
• Automotive & machinery washes
• Wrecking yards
• Sale of used goods (except antiques and estate sales)
• Sexually oriented businesses
• Trucking terminals
• Truck service or repair
• Truck stops
• Bulk distribution centers
• Mini warehouses
• Flea markets
• Portable building sales
• Manufactured home sales
• Boat sales
• Camper sales
• Industrial building sales
• Amusement parks or carnivals
• Campgrounds
• Shooting ranges
• Kennels
• Video arcades (as a primary use)
• Billiard parlors & pool halls (as a primary use)
• Tattoo parlors
• Donation centers
• Recycling centers
• Wholesale nurseries
• Recreational vehicle parks
• Pawn shops
• Heavy equipment sales
• Wireless Transmission Facility, Self- Standing
3. SPECIAL EXCEPTIONS
All other uses that are not specifically addressed in this ordinance will require a special
exception, in accordance with the City of Round Rock Code of Ordinances.
4. DESIGN STANDARDS
4.1 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 (except for trim or minor decorative features approved by
the Director of Planning)
• Unfinished sheet metal (except for trim or minor decorative features
approved by the Director of Planning)
4.2 Requirements
Except as modified by this ordinance, the project shall comply with the C -1
Design Standards specified in Section 11.409(4) of the Round Rock Zoning
Ordinance. Buildings and structures in Parcel 1 shall incorporate similar and
compatible architectural styles currently planned for buildings and structures in
Parcel 1 of PUD 60 (Round Rock Premium Outlet Mall) as generally depicted on
Exhibit "G" attached hereto, utilizing similar building materials, colors and
designs. Emphasis shall also be placed on human scale design and pedestrian
connectivity between buildings, utilizing shaded pedestrian walkways, public
plazas, landscaping and other public amenities.
Building elevations demonstrating compliance with the requirements of this
section shall be submitted with the Preliminary Site Plan for City review and
approval; such approval not to be unreasonably withheld.
4.3 Wet Pond
The detention /retention pond to be located at the Southwest corner of Parcel 1
(the corner of I -35 and Chandler Road) shall be designed and constructed as a
"Wet Pond" water feature (i.e., a constant body of water with natural shape
combining storm water detention and filtration functions, as required, with
water retention). Aquatic plantings shall be installed around the perimeter of the
pond for biological filtration of the storm water. A fountain feature shall also be
included in the pond for water aeration.
In accordance with Section 11.314 of the Round Rock Zoning Ordinance, the following
use regulations, design standards and development standards shall apply to all
development on the portion of the Property identified as Parcel 2 on the Parcel Map,
attached to this ordinance as Exhibit "C", and further described by metes and bounds
in Exhibit "C - ". Unless otherwise defined, all terms used shall correspond to the
definitions in the City of Round Rock Code of Ordinances.
1. PERMITTED USES
The following principal uses are permitted:
EXHIBIT D -2
USES AND DEVELOPMENT STANDARDS FOR PARCEL 2
• Theater /Cinema
• Retail Sales
• Retail Services, which shall be limited to the following:
o Florist
o Cleaners (drop -off and pick -up only)
o Hair Salon
o Alteration Shop (Tailor)
o Copy Business Center
o Athletic or health club
• Eating Establishments
• Bars /Pubs /Taverns, which is the use of a site for the retail sale of alcoholic
beverages for consumption on premises
• Drive through services
• Bank or Financial Services, which is the use of a site for the provision of financial
and banking services. This includes banks, stocks and bonds brokers, loan and
lending activities, off -site cash machines, and other similar services.
• Visitor Center, which is the use of a site for the provision of information to the
public regarding a development, project, or the surrounding community, as well as
related activities, events, programs and tourist locations.
• Park, Private
• Park, Linear /Linkage
• Park, Community
• Park, Neighborhood
• Park, Regional/ Metropolitan
2. PROHIBITED USES
The following uses are prohibited:
• Grocery stores
• Gasoline & fuel sales
• Automotive & machinery repair
• Automotive & machinery services
• Automotive parts
• Automotive sales
• Automotive rental
• Automotive & machinery washes
• Wrecking yards
• Sale of used goods
• Sexually oriented businesses
• Trucking terminals
• Truck service or repair
• Truck stops
• Bulk distribution centers
• Mini warehouses
• Flea markets
• Portable building sales
• Manufactured home sales
• Boat sales
• Camper sales
• Industrial building sales
• Amusement parks or carnivals
• Campgrounds
• Shooting ranges
• Kennels
• Video arcades (as a primary use)
• Billiard parlors & pool halls (as a primary use)
• Tattoo parlors
• Donation centers
• Recycling centers
• Wholesale nurseries
• Recreational vehicle parks
• Pawn shops
• Heavy equipment sales
• Wireless Transmission Facility, Self- Standing
3. REMAINING USES
All other uses that are not specifically addressed in this ordinance will require an
amendment in accordance with Section 13 of this Agreement.
4. DESIGN STANDARDS
4.1 Prohibited Materials
The following materials are prohibited on the exterior walls and roofs of aII
buildings and structures.
• Asbestos
• Mirrored Glass (reflectivity of 20% or more)
• Corrugated metal (except for trim or minor decorative features approved by
the Director of Planning)
• Unfinished sheet metal (except for trim or minor decorative features
approved by the Director of Planning)
4.2 Requirements
Except as modified by this ordinance, the project shall comply with the Design
Standards specified in Section 11.409(4) of the Round Rock Zoning Ordinance.
Buildings and structures in Parcel 2 other than a theater /cinema shall
incorporate similar and compatible architectural styles with buildings and
structures in Parcel 1, utilizing similar building materials, colors and designs.
Emphasis shall also be placed on human scale design and pedestrian
connectivity between buildings, utilizing shaded pedestrian walkways, public
plazas, landscaping and other public amenities.
The Design Standards for a theater /cinema use shall generally be in accordance
with the attached Exhibit "I ".
Building elevations demonstrating compliance with the requirements of this
section shall be submitted with the Preliminary Site Plan for City review and
approval. These elevations shall be reviewed and approved by Owner prior to
submittal and shall include a signature block indicating such review and
approval.
EXHIBIT D -3
USES AND DEVELOPMENT STANDARDS FOR PARCEL 3
In accordance with Section 11.314 of the Round Rock Zoning Ordinance, the following
use regulations, design standards and development standards shall apply to all
development on the portion of the Property identified as Parcel 3 on the Parcel Map,
attached to this ordinance as Exhibit "C ", and further described by metes and bounds
in Exhibit "C - ". Unless otherwise defined, all terms used shall correspond to the
definitions in the City of Round Rock Code of Ordinances.
1. PERMITTED USES
Parcel 3 shall be developed as pad sites consisting of any the following uses:
• Eating Establishments without drive - through services
• Bars /Pubs /Taverns, which is the use of a site for the retail sale of alcoholic
beverages for consumption on premises
• Retail Sales
• Retail Services, which shall be limited to the following:
o Florist
o Cleaners (drop -off and pick -up only)
o Hair Salon
o Alteration Shop (Tailor)
o Copy Business Center
o Athletic or health club
• Off -site cash machines
• HoteIs
• Visitor Center, which is the use of a site for the provision of information to the
public regarding a development, project, or the surrounding community, as well as
related activities, events, programs and tourist locations.
• Park, Private
• Park, Linear /Linkage
• Park, Community
• Park, Neighborhood
• Park, Regional /Metropolitan
2. PROHIBITED USES
The following uses are prohibited:
• Grocery stores
• Gasoline & fuel sales
• Automotive & machinery repair
• Automotive & machinery services
• Automotive parts
• Automotive sales
• Automotive rental
• Automotive & machinery washes
• Wrecking yards
• Sale of used goods
• Sexually oriented businesses
• Trucking terminals
• Truck service or repair
• Truck stops
• Bulk distribution centers
• Mini warehouses
• Flea markets
• Portable building sales
• Manufactured home sales
• Boat sales
• Camper sales
• Industrial building sales
• Amusement parks or carnivals
• Campgrounds
• Shooting ranges
• Kennels
• Video arcades (as a primary use)
• Billiard parlors & pool halls (as a primary use)
• Tattoo parlors
• Donation centers
• Recycling centers
• Wholesale nurseries
• Recreational vehicle parks
• Pawn shops
• Heavy equipment sales
• Wireless Transmission Facility, Self- Standing
3. REMAINING USES
All other uses that are not specifically addressed in this ordinance will require an
amendment in accordance with Section 13 of this Agreement.
4. DESIGN STANDARDS
4.1 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 (except for trim or minor decorative features approved by
the Director of Planning)
• Unfinished sheet metal (except for trim or minor decorative features
approved by the Director of Planning)
4.2 Requirements
Except as modified by this ordinance, the project shall comply with the Design
Standards specified in Section 11.409(4) of the Round Rock Zoning Ordinance.
Buildings and structures in Parcel 3 shall incorporate similar and compatible
architectural styles with buildings and structures in Parcel 1, utilizing similar
building materials, colors and designs. Emphasis shall also be placed on human
scale design and pedestrian connectivity between buildings, utilizing shaded
pedestrian walkways, public plazas, landscaping and other public amenities.
Building elevations demonstrating compliance with the requirements of this
section shall be submitted with the Preliminary Site Plan for City review and
approval. These elevations shall be reviewed and approved by Owner prior to
submittal and shall include a signature block indicating such review and
approval.
EXHIBIT E
RESERVED
EXHIBIT F -1
STREETSCAPE (PLAN VIEW)
PARTNERS
10
\me e
Screening shrubs
Parking
P lanlmg Nee
CHANDLER / 1 -35 RETAIL
EXHIBIT F -1
Streetscape (Plan View)
Shrub & Gmundcover
Planting Area
- target along tree;
2/100' g exterior or
property along Oakmont Drive.
Small, ornamental tree;
3/100' along exterior of
properly along Oakmont Drive.
i
MARCH EIS
EXHIBIT F -2
STREETSCAPE (PROFILE VIEW)
PARTNERS
Su lb 150. A 1,1 7.716
Futu
Large, shade tree
r-- Small, omameneal
tree
Medan
24' LIP TO LIP
STANDARD OR —
MEANDERING
5' SIDEWALK
SLOPE VARIES;
3:1 MAXIMUM
Landscape improvements, per PU.P.
CHANDLER / 1 -35 RETAIL
EXHIBIT F -2
Streetscape (Profile View)
CHANDLER 11-35 RETAIL
SITE PARKING
SMUA 6 Groundwver
P eating Area
� F
EXHIBIT G
ARCHITECTURE
SIMON
VIEW Ai MAIN ENTRY
WEW CHOW b6HEIN6 b IN-55 WONiN
• ROUND ROCK PREMIUM OUTLETS•
EXHIBIT G: Architecture (1 of 2)
SIMON
int
ROUND ROCK PREMIUM OUTLETS •
EXHIBIT G: Architecture (2 of 2)
EXHIBIT H
RIGHT -OF -WAY AND EASEMENT LOCATIONS
15' ELECTN /C cAS£MEN3
VOL. 1804. PG 872
20' UNDERGROUND
CASL£ EASEMENT
VOL. 546, PG 338
20' PU6L15
UTIUTY EASEMENT
VOL. 793, PC 123
PROPOSED 8.0.8
DEDICATOR
PROPOSED R.O.W
DEDICATOR
7100O5E0 20' LANDSCAPE EASEMENT
(R0 SEPARATE INSTRUMENT)
PROP05ED I°: PUBLIC
UTILITY EASEMENT
(81 SEPARATE INSTRUMENT) —.I
PROPOSED IS' PUBLIC
LITY EASEMENT
(51 SEPARATE INSTRUMEN )
PRI POSE 24
WASTEWATER, EA504
20' PUBLIC UTILITY EASEMENT
VOL. 7.93, PG 723
VOL 793 PC 130
5050103 00A0 &'R 1N/
/11
EXHIBIT I
THEATER/CINEMA DESIGN AND SIGNAGE
EXHIBIT I: THEATER/CINEMA DESIGN AND SIGNAGE
IHE STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF ROUND ROCK
I III lllII IIII!II!IiIlll hIIllh!I!IIllllhIIIjIIII III!!III 131 2005046057
131 PGS
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-
26-11D3, which approves the rezoning of 50.154 acres of land from District PUD No. 37
to District PUD No. 59. This ordinance was approved by the City Council of the City of
Round Rock, Texas, at a regular scheduled meting held on the 26th 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 16th
day of June 2005.
SHERRI MONROE, Assistant City Secretary
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 50.154 ACRES OF
LAND, OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO.
212, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM
DISTRICT PUD NO. 37 (PLANNED UNIT DEVELOPMENT) TO
DISTRICT PUD NO. 59 (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 50.154 acres of land, out of the Ephraim Evans Survey,
Abstract No. 212, in Round Rock, Williamson County, Texas, being
more fully described in Exhibit "A" attached hereto, from District
PUD No. 37 (Planned Unit Development) to District PUD No. 59
(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
described in Exhibit "A" be zoned District PUD No. 59 (Planned Unit
Development), and
'ORLDOX /07/wDON /OFnrwANC /0
ORDINANCE NO. z - 05-05-Z-11 1>3
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. 59 (Planned Unit Development).
II.
That the City Council has hereby determined that PUD No. 59
meets the following goals and objectives:
(1) The development in PUD No. 59 is equal to or superior to
development that would occur under the standard ordinance
requirements;
(2) PUD No. 59 is in harmony with the general purposes,
goals, objectives and standards of the General Plan;
2.
(3) PUD No. 59 does not have an undue adverse effect upon
adjacent property, the character of the neighborhood,
traffic conditions, parking, utilities or any other
matters affecting the public health, safety and general
welfare;
(4) PUD No. 59 will be adequately provisioned by essential
public facilities and services including streets,
parking, drainage, water, wastewater facilities, and
other necessary utilities; and
(5) PUD No. 59 will be constructed, arranged and maintained
so as not to dominate, by scale and massing of
structures, the immediate neighboring properties or
interfere with their development or use in accordance
with any existing zoning district.
III.
That the Official Zoning Map adopted in Section 11.305(2),
Code of Ordinances (1995 Edition), City of Round Rock, Texas, is
hereby amended so that:
(i) the zoning classification of the property described
in Exhibit "A", is hereafter designated as Planned
Unit Development No. 59, and the Mayor is hereby
authorized and directed to enter into the Agreement
and Development Plan for PUD No. 59, attached
hereto as Exhibit "B ", which agreement shall govern
the development and use of said property.
IV.
That 3.139 acres of real property, as described in Exhibit C -4
of the Agreement and Development Plan shall be dedicated to the
City of Round Rock free of all monetary liens, with the first plat
of Parcel 1. If said right -of -way is not dedicated as stated in
the Agreement and Development Plan, the zoning applicable to Parcel
1_ shall automatically revert back to the zoning classification
applicable to Parcel 1 immediately prior to the effective date of
this ordinance. Further, the owner of Parcel 1 shall dedicate
right -of -way for the widening of Chandler Road and a wastewater
lien easement, both as shown in Exhibit "H" in the Agreement and
3.
Development Plan, with six (6) months after the effective date of
this ordinance. If said right -of -way and wastewater easement are
not dedicated within said six month period, then the zoning
applicable to Parcel 1 shall automatically revert back to the
zoning classification applicable to Parcel 1 immediately prior to
the effective date of this ordinance.
of Tr)(AJt , 2005.
V.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
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 W , day
4.
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.
ATTEST:
CHRISTINE R. MARTINEZ, City Secreta
5.
50.154 ACRES
SCOTT & WHITE TRACT
IH -35 & CHANDLER ROAD
1
°a
EXHIBIT
,I A II
DESCRIPTION
FN. NO. 05- 116(CAG)
FEBRUARY 18, 2005
BPI JOB NO. 392 -37
OF A 50.154 ACRE TRACT OF LAND OUT OF THE EPHRAIM EVANS SURVEY,
ABSTRACT N0. 212, SITUATED IN WILLIAMSON COUNTY, TEXAS BEING ALL
OF LOT 1, BLOCK A, FIRST LIMITED ADDITION, A SUBDIVISION OF
RECORD IN CABINET 0, SLIDES 22 -23 OF THE PLAT RECORDS OF
WILLIAMSON COUNTY, TEXAS, AND ALSO BEING A PORTION OF THAT
CERTAIN 74.590 ACRE TRACT OF LAND CONVEYED TO SCOTT & WHITE
MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY FOUNDATION BY
DEED OF RECORD IN DOCUMENT NO. 9733254 OF THE OFFICIAL RECORDS
OF WILLIAMSON COUNTY, TEXAS; SAID 50.154 ACRES BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING, at a 1/2 inch iron rod found in the easterly right -
of -way line of Interstate Highway 35 (R.O.W. varies), being the
southwesterly corner of that certain 132.28 acre tract of land
conveyed to ANC -Round Rock Assets II, LP by deed of record in
Document No. 2001001644 of the Official Public Records of
Williamson County, Texas, same being the northwesterly corner of
said 74.590 acre tract and hereof;
THENCE, N69 ° 15'57 "E, leaving the easterly line of Interstate
Highway 35, along a portion of the northerly line of said 74.590
acre tract, being in part the southerly line of said 132.28 acre
tract and in part a portion of the westerly line of that certain
107.44 acre tract of land conveyed to NNP- Teravista by deed of
record in Document No. 2001001639 of said Official Public
Records, for the northerly line hereof, passing at a distance of
1548.87 feet a 1/2 inch iron rod with cap found for the
southeasterly corner of said 132.28 acre tract, being an angle
point in the westerly line of said 107.44 acre tract, and
continuing for a total distance of 1609.98 feet to a 1/2 inch
iron rod with cap set in the curving easterly right -of -way line
of future Oakmont Drive (100' R.O.W.) for the northeasterly
corner hereof, from which a 1/2 inch iron rod found, being the
northeasterly corner of said 74.590 acre tract, same being an
angle point in the westerly line of said 107.44 acre tract bears
N69 °15'57 "E, a distance of 1514.38 feet;
THENCE, leaving the westerly line of said 107.44 acre tract,
over and across said 74.590 acre tract, along the easterly
right -of -way line of future Oakmont Drive for the easterly line
hereof, the following three (3) courses and distances:
1) Along a non - tangent curve to the left having a radius of
2200.00 feet, a central angle of 23 °28'12 ", an arc length
of 901.18 feet, and a chord which bears S08 °58'06 "E, a
distance of 894.89 feet to a 1/2 inch iron rod with cap set
for the point of tangency;
FN 05- 116(CAG)
FEBRUARY 18, 2005
PAGE 2 OF 2
2) S20 °42'11 "E, a distance of 436.20 feet to a 1/2 inch iron
rod with cap set for an angle point;
3) S65 °42'54 "E, along a right -of -way cutback at the
intersection of future Oakmont Drive and Chandler Road
(R.O.W. varies), a distance of 35.35 feet to a 1/2 inch
iron rod with cap set for the southeasterly corner hereof,
being in the northerly right -of -way line of Chandler Road
and the southerly line of said 74.590 acre tract from which
a 1/2 inch iron rod found in the northerly right -of -way
line of Chandler Road, being the southeasterly corner of
said 74.590 acre tract, same being the southwesterly corner
of said 107.44 acre tract bears N69 °17'01 "E, a distance of
1575.90 feet;
THENCE, along the northerly right -of -way line of Chandler Road,
being the southerly and a portion of the westerly line of said
74.590 acre tract, for a portion of the southerly line hereof,
the following two (2) courses and distances:
1) 569 °17'01 "W, a distance of 763.18 feet to a cotton gin
spindle found for the southwesterly corner of said 74.590
acre tract for an angle point hereof;
2) N20 °43'37 "W, a distance of 20.06 feet to a 1/2 inch iron rod
found for an angle point hereof, being the southeasterly
corner of said Lot 1;
THENCE, S69 °17'30 "W, leaving the westerly line of said 74.590
acre tract, continuing along the northerly right -of -way line of
Chandler Road, being the southerly line of said Lot 1 for a
portion of the southerly line hereof, a distance of 934.24 feet
to a 1/2 inch iron rod with cap found for the southwesterly
corner of said Lot 1 and hereof, being in the easterly right -of-
way line of Interstate Highway 35;
THENCE, leaving the northerly right -of -way line of Chandler
Road, along the easterly right -of -way line of Interstate Highway
35, being the westerly line of said Lot 1 and a portion of the
westerly line of said 74.590 acre tract for the westerly line
hereof, the following three (3) courses and distances:
1) N22 °52'19 "W, a distance of 330.08 feet to a concrete highway
monument found at the point of curvature of a curve to the
right;
2) Along said curve to the right having a radius of 1095.90
feet, a central angle of 20 °51'40 ", an arc distance of
399.01 feet and a chord which bears N12 °29'06 "W, a distance
of 396.81 feet to a concrete highway monument found for the
end of said curve;
FN 05- 116(CAG)
FEBRUARY 18, 2005
PAGE 3 OF 3
3) NO2 °04'48 "W, a distance of 626.96 feet to the POINT OF
BEGINNING, containing an area of 50.154 acres (2,184,720
square feet) of land, more or less, within these metes and
bounds.
BEARING BASIS: REFERENCED TO THE TEXAS STATE PLANE COORDINATE
SYSTEM, CENTRAL ZONE BASED ON PUBLISHED NAD 83/93 HARN VALUES
FOR THE CITY OF GEORGETOWN MONUMENTATION NETWORK.
I, JOHN T. BILNOSKI, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO
HEREBY CERTIFY THAT THE PROPERTY DESCRIBED HEREIN WAS DETERMINED
BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND
SUPERVISION. A SURVEY EXHIBIT WAS PREPARED TO ACCOMPANY THIS
DESCRIPTION.
BURY & PARTNERS, INC.
ENGINEERS AND SURVEYORS
3345 BEE CAVES ROAD, SUITE 200
AUSTIN, TEXAS 78746
JOHN T BILNOSKI
R.P.L. • #4998
STATE •F TEXAS
or
No
Beorinq
Distance
L1
520'42'11 "E
436.20'
L2
S65'42'54 "E
35,35'
L3
N20'43'37 "W
20.06'
L4
N22'52'19' W
330.08'
L5
NO2'04'48 "W
626.96'
L6
N69'15'57 "E
1514.38'
L7
N69'17'01 "E
1575.90'
VICINITY MAP
N.T.S.
P.O.B.
2 0
132.28
DEED LINE
50.154 ACRES
(Z184,720 SO. FT)
LOT 1, BLOCK A
FIRST LIMITED ADDITION
CAB. 0, SLD. 22 -23
SCOTT, SHERWOOD AND
BRINDLEY FOUNDATION
DOC. NO. 9700732
S6917'30 "W 934.24'
LEGEND
CHANDLER ROAD L3
• 1/2" IRON ROD FOUND (UNLESS NOTED)
0 1/2" IRON R00 SET WITH CAP
• CONCRETE MONUMENT FOUND
P.0.8. POINT OF BEGINNING
BARSHOP & OLES
I ) Bury - Partners
Consulting Engineers and Surveyors
Beetie,Tene tel 512/9211 -01111 fu 512 /9211-0325
BurohMen. lee. efapPlpt SWr
0 150 300 600
SCALE: 1 "= 300'
No.
C1
C2
Deno
23'28'12"
20'51'40"
Radius
2200.00
1095.90
Arc Length
901.18
399.01
Chord Length
894.89
396.81
Chord Beorinq
S08'58'06 "E
N12'29'06 "W
ACRES ANC — ROUND ROCK ASSETS 11, LP
DOC. NO. 2001001644
N69"15'57 "E 1609.98'
— 1
74.590 ACRES
SCOTT & WHITE
MEMORIAL HOSPITAL
AND SCOTT,
SHERWOOD AND
WI
BRINDLEY
of FOUNDATION
DOC. NO. 9733254
1548.87
RECORDERS MEMORANDUM
Alf or part of the text on this page was not /
clearly legible for satisfactory recordation.
COTTON SPINDLE
MCNEIL CONSUMER
PRODUCTS CO.
VOL. 657, PG. 659
CURVE TABLE
S69'17'01 "W 763.18'
LOT 1
OAKMONT 0
CENTRE
SEC. 2 0
LINE TABLE
/ 3
' O
t1: U
I o°
I
I
I
I>
1¢
0
F •
z
0
O
W –J
CC
V L7
(R.O.W. VARIES)
PROVIDEN
DEV. CO.
/ 07/44 ACRES
NN r7 —TERA V ISTA
/DOC. NO,
200100163
L6
LOT 1
OAKMONT
CENTRE
SEC. 4
SKETCH TO ACCOMPANY DESCRIPTION
OF 50.154 ACRES OF LANG OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212.
SITUATED IN WILLIAMSON COUNTY. TEXAS BEING A PORTION OF THAT CERTAIN 74.590 ACRE
TRACT OF LAND CONVEYED TO SCOTT AND WHITE MEMORIAL HOSPITAL ANO SCOTT,
SHERWOOD AND BRINDLEY FOUNDATION BY DEED OF RECORD IN DOCUMENT NO. 9733254 OF
THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AND ALL OF LOT 1, BLOCK
A, FIRST LIMITED ADDITION. A SUBDIVISION OF RECORD IN CABINET 0. SLIDES 22 -23 OF THE
PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS
DATE:02 /18/05 IFILE: H: \392 \37 \39237EX18.dwg fFN No.:05- 116(CAG) (DRAWN BY :CAG IPROJ. No: 392 -37
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
AGREEMENT AND DEVELOPMENT PLAN
CHANDLER/I -35 RETAIL, LTD. PUD
PLANNED UNIT DEVELOPMENT NO. 59
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 Chandler /I -35 Retail, Ltd., a Texas limited
partnership, having its offices at 801 Congress, Suite 300, Austin, Texas 78701 (hereafter
referred to as the "Owner "). For purposes of this Agreement, the term Owner shall
mean Chandler /I -35 Retail, Ltd., its respective successors and assigns; provided,
however, upon sale, transfer or conveyance of portions of the hereinafter described
property, the duties and obligations of the Owner, as it relates to the respective
property, shall be assumed by the new owner, and the Owner shall have no further
liability relating to their respective property.
WHEREAS, the Owner is the owner of certain real property consisting of approximately
50.154 acres, as more particularly described in Exhibit "A ", (herein after referred to as
the "Property ") attached hereto and made a part hereof.
WHEREAS, The Owner has submitted a request to the City to rezone the Property as a
Planned Unit Development (the "PUD ").
WHEREAS, pursuant to Chapter 11, Section 11.314, Code of Ordinances (1995 Edition),
City of Round Rock, Texas, the Owner has submitted a Development Plan setting forth
the development conditions and requirements within the PUD, which Development
Plan is contained in Section ll 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 March 16, 2005, the City's Planning and Zoning Commission
recommended approval of the Owner's application for a PUD; and
WHEREAS, the City Council has reviewed the proposed Development Plan and
determined that it promotes the health, safety, and general welfare of the citizens of
Round Rock and that it complies with the intent of the Planned Unit Development
1.
EXHIBIT
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 Owner agree as follows:
GENERAL PROVISIONS
1. CONFORMITY WITH DEVELOPMENT PLAN
That all uses and development within the Property shall conform to the Development
Plan included in Section II herein.
2. CHANGES AND MODIFICATIONS
No changes or modifications will be made to this Agreement or the Development Plan
unless all provisions pertaining to changes or modifications as stated in Section II.13
below are followed.
3. ZONING VIOLATION
Owner understands that any person, firm, corporation or other entity violating any
conditions or terms of the Development Plan shall be subject to any and all penalties for
the violation of any zoning ordinance provisions as stated in Section 1.601, Code of
Ordinances, (1995 Edition), City of Round Rock, Texas, as amended.
4. LIEN HOLDER CONSENT
5. MISCELLANEOUS PROVISIONS
5.1 Assnment
I.
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 ", attached hereto and incorporated herein.
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
Owner from selling or leasing the Property or portions of the Property, together
with all development rights and obligations contained in this Agreement and
2.
Development Plan. No consent shall be required in connection with such sale 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 of this Agreement are deemed invalid,
illegal or unenforceable in any respect such invalidity, illegality or
unenforceability shall not affect any other provisions of this Agreement and in
such event, this Agreement shall be construed as if such invalid, illegal or
unenforceable provision had never been contained in this Agreement.
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.
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 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
3.
This Agreement may be executed in duplicate original, each of equal dignity.
5.9 Notices
Until changed by written notice thereof any notice required under this
Agreement may be given to the respective parties, by certified mail, postage
prepaid or by hand delivery to the address of the other party shown below:
OWNER
Chandler /I -35 Retail, Ltd.
c/o Barshop Sr Oles
801 Congress Avenue, Suite 300
Austin, Texas 78701
Attn: Milo Burdette
5.10 Effective Date
CITY OF ROUND ROCK
City of Round Rock, Texas
221 East Main Street
Round Rock, Texas 78664
Attn: Director of Planning
This Agreement shall be effective from and after the date of due execution hereof
by all parties.
5.11 Appeal of Administrative Decisions
Administrative decisions provided for in this Agreement may be appealed to the
City Council in writing within ninety (90) days following receipt by Owner of the
written confirmation of the decision.
5.12 Binding Effect
This Agreement and the Development Plan binds and benefits the Owner and its
successors and assigns.
1. DEFINITIONS
II.
DEVELOPMENT PLAN
Words and terms used herein shall have their usual force and meaning, or as defined in
the Code of Ordinances (1995 Edition) as amended, City of Round Rock, Texas,
hereinafter referred to as "the Code."
4.
2. PROPERTY
This Development Plan ( "Plan ") covers approximately 50.154 acres of land, located
within the city limits of Round Rock, Texas, and more particularly described by metes
and bounds in Exhibit "A ". For the purpose of assigning land use and development
standards, the Property has been divided into development parcels, as shown in
Exhibit "C ".
3. PURPOSE
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 effect
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. In the event of a conflict, the terms of this
Agreement shall control.
PERMITTED USES
The Property shall be used and developed for the uses as shown in Exhibits "D - ", "D-
2" and "D - 3 ".
5.
6. DEVELOPMENT STANDARDS
The Property shall be developed in accordance with the development standards set
forth in Exhibits "D -1 ", "D -2" and "D -3 ", attached hereto, as applicable to each parcel
and its designated use.
7. 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, installed by or at the request of Owner, shall be placed underground to
connecting points provided by the service provider. All transformers must be visually
screened.
8. DRIVEWAY ACCESS
Driveway access shall be regulated in accordance with the Traffic Impact Analysis
approved by the City's Director of Transportation Services.
9. DRIVEWAY THROAT LENGTH
All driveways shall provide a minimum driveway throat of 100 feet, except the
northernmost driveway on Oakmont Drive (providing access to the rear of the retail
buildings) shall provide a minimum driveway throat of 50 feet. No parking spaces or
internal access drives shall intersect with access driveways within this 100 -foot or 50-
foot, as applicable, throat. Throat length shall be measured from the property line along
the street right -of -way.
10. RIGHT -OF -WAY AND EASEMENT DEDICATIONS
The required right -of -way for the proposed Oakmont Drive shall be dedicated or cause
to be dedicated to the City, free of all monetary liens, with the final plat for Parcel 1, or
pursuant to an agreement or agreements by and between the City of Round Rock and
Simon Property Group (Texas), L.P. The right -of -way to be dedicated shall be in
accordance with the metes and bounds description shown in Exhibit "C-4 ". If said
right -of -way is not dedicated in accordance with this section, the zoning applicable to
Parcel 1 shall automatically revert back to the zoning classification applicable to Parcel 1
immediately prior to the effective date of the ordinance to which this agreement is an
exhibit.
If the owner of Parcel 1 has not both (i) dedicated right -of -way for the widening of
Chandler Road in the area shown on Exhibit "H" attached hereto, and (ii) granted to
6.
the City a wastewater line easement in the area shown on Exhibit "H" attached hereto,
within six (6) months after the date of this ordinance, then the zoning applicable to
Parcel 1 shall automatically revert back to the zoning classification applicable to Parcel 1
immediately prior to the effective date of this ordinance.
Further, Owner shall construct, or cause to be constructed, at least two lanes of
Oakmont Drive within the right -of -way described above, along with associated
roadway improvements, including a pro -rated share of costs of construction of the
traffic signal at the intersection of Oakmont Drive and Chandler Road, when and if said
signal is required. Owner shall also pay a pro -rated share of the traffic signal at the
intersection of Chandler Road and the driveway to Parcel 1. This payment shall be
made to the City within thirty (30) days of a receipt of a written request from the City
that warrants have been met justifying the construction of said signal.
11. STREETSCAPE
The streetscape for Oakmont Drive shall be landscaped substantially in accordance with
Exhibits "F - 1" and "F - ". Street medians and streetside planting areas for Oakmont
Drive shall have a minimum of two (2) large trees and three (3) small trees for every one
hundred (100) linear feet.
Street trees for Oakmont Drive shall be irrigated by a permanent automatic irrigation
system constructed to current City standards by the Owner.
12. WATER FEATURES
The perimeter of the water feature area in Parcel 3, as identified on the Parcel Map
attached to this ordinance as Exhibit "C", abutting the IH -35 frontage road shall have,
on average, large trees spaced a minimum of fifty (50) feet on center and one (1) small
tree spaced a minimum of thirty (30) feet on center. Additionally, pedestrian paths
(minimum of six (6) feet wide) shall be provided to connect the proposed structures
along the south side of the water feature to the walking trails and community plaza
along the eastern side.
Unless expressly approved by the Director of Planning, the design of the water features
in Parcels and 1 and 3 shall make reasonable efforts to preserve and accommodate
existing trees in the pond area.
13. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN
13.1 Minor Changes
7.
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 Community
Development, and the City Attorney.
13.2 Major Changes
All changes not permitted under section 13.1 above shall be resubmitted
following the same procedure required by the original PUD application;
provided, however, that nothing herein or otherwise shall require an owner of a
portion of the Property (the "Rezoning Owner ") to obtain the consent or
approval of any other owner of a portion of the Property for a change in zoning
(including amending this Agreement) as it applies to the land of the Rezoning
Owner.
14. CONCEPT PLAN APPROVED
Approval of this Agreement constitutes Concept Plan approval under the City
Subdivision Ordinance.
15. GENERAL PLAN 2000
This Agreement amends the Round Rock General Plan 2000, which was adopted on
June 10, 1999.
CHANDLER /I -35 RETAIL, LTD.,
a Texas limited partnership
By:
Its sole general partner
By:
Date:
8.
CITY OF ROUND ROCK, TEXAS
By:
Nyle Maxwell, Mayor
ATTEST:
By:
Christine Martinez, City Secretary
9.
LIST OF EXHIBITS
EXHIBIT DESCRIPTION
Exhibit "A" Metes and Bounds Description of Property
Exhibit "B" Lien Holder Consent
Exhibit "C" Development Parcels
Exhibit "C -1" Metes and Bounds Description of Parcel 1
Exhibit "C -2" Metes and Bounds Description of Parcel 2
Exhibit "C -3" Metes and Bounds Description of Parcel 3
Exhibit "C -4" Metes and Bounds Description of Oakmont Drive
Exhibit "D -1" Uses and Development Standards for Parcel 1
Exhibit "D -2" Uses and Development Standards for Parcel 2
Exhibit "D -3" Uses and Development Standards for Parcel 3
Exhibit "E" Reserved
Exhibit "F -1" Streetscape (Plan View)
Exhibit "F -2" Streetscape (Profile View)
Exhibit "G" Architecture
Exhibit "H" Right of Way and Easement Locations
10.
EXHIBIT A
METES AND BOUNDS DESCRIPTION OF PROPERTY
50.154 ACRES
SCOTT & WHITE TRACT
IH -35 & CHANDLER ROAD
DESCRIPTION
FN. NO. 05- 116(CAG)
FEBRUARY 18, 2005
BPI JOB NO. 392 -37
OF A 50.154 ACRE TRACT OF LAND OUT OF THE EPHRAIM EVANS SURVEY,
ABSTRACT NO. 212, SITUATED IN WILLIAMSON COUNTY, TEXAS BEING ALL
OF LOT 1, BLOCK A, FIRST LIMITED ADDITION, A SUBDIVISION OF
RECORD IN CABINET 0, SLIDES 22 -23 OF THE PLAT RECORDS OF
WILLIAMSON COUNTY, TEXAS, AND ALSO BEING A PORTION OF THAT
CERTAIN 74.590 ACRE TRACT OF LAND CONVEYED TO SCOTT & WHITE
MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY FOUNDATION BY
DEED OF RECORD IN DOCUMENT NO. 9733254 OF THE OFFICIAL RECORDS
OF WILLIAMSON COUNTY, TEXAS; SAID 50.154 ACRES BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING, at a 1/2 inch iron rod found in the easterly right -
of -way line of Interstate Highway 35 (R.O.W. varies), being the
southwesterly corner of that certain 132.28 acre tract of land
conveyed to ANC -Round Rock Assets II, LP by deed of record in
Document No. 2001001644 of the Official Public Records of
Williamson County, Texas, same being the northwesterly corner of
said 74.590 acre tract and hereof;
THENCE, N69 °15'57 "E, leaving the easterly line of Interstate
Highway 35, along a portion of the northerly line of said 74.590
acre tract, being in part the southerly line of said 132.28 acre
tract and in part a portion of the westerly line of that certain
107.44 acre tract of land conveyed to NNP- Teravista by deed of
record in Document No. 2001001639 of said Official Public
Records, for the northerly line hereof, passing at a distance of
1548.87 feet a 1/2 inch iron rod with cap found for the
southeasterly corner of said 132.28 acre tract, being an angle
point in the westerly line of said 107.44 acre tract, and
continuing for a total distance of 1609.98 feet to a 1/2 inch
iron rod with cap set in the curving easterly right -of -way line
of future Oakmont Drive (100' R.O.W.) for the northeasterly
corner hereof, from which a 1/2 inch iron rod found, being the
northeasterly corner of said 74.590 acre tract, same being an
angle point in the westerly line of said 107.44 acre tract bears
N69 °15'57 "E, a distance of 1514.38 feet;
THENCE, leaving the westerly line of said 107.44 acre tract,
over and across said 74.590 acre tract, along the easterly
right -of -way line of future Oakmont Drive for the easterly line
hereof, the following three (3) courses and distances:
1) Along a non - tangent curve to the left having a radius of
2200.00 feet, a central angle of 23 °28'12 ", an arc length
of 901.18 feet, and a chord which bears S08 °58'06 "E, a
distance of 894.89 feet to a 1/2 inch iron rod with cap set
for the point of tangency;
FN 05- 116(CAG)
FEBRUARY 18, 2005
PAGE 2 OF 2
2) S20 °42'11 "E, a distance of 436.20 feet to a 1/2 inch iron
rod with cap set for an angle point;
3) S65 °42'54 "E, along a right -of -way cutback at the
intersection of future Oakmont Drive and Chandler Road
(R.O.W. varies), a distance of 35.35 feet to a 1/2 inch
iron rod with cap set for the southeasterly corner hereof,
being in the northerly right -of -way line of Chandler Road
and the southerly line of said 74.590 acre tract from which
a 1/2 inch iron rod found in the northerly right -of -way
line of Chandler Road, being the southeasterly corner of
said 74.590 acre tract, same being the southwesterly corner
of said 107.44 acre tract bears N69 °17'01 "E, a distance of
1575.90 feet;
THENCE, along the northerly right -of -way line of Chandler Road,
being the southerly and a portion of the westerly line of said
74.590 acre tract, for a portion of the southerly line hereof,
the following two (2) courses and distances:
1) S69 °17'01 "W, a distance of 763.18 feet to a cotton gin
spindle found for the southwesterly corner of said 74.590
acre tract for an angle point hereof;
2) N20 °43'37 "W, a distance of 20.06 feet to a 1/2 inch iron rod
found for an angle point hereof, being the southeasterly
corner of said Lot 1;
THENCE, S69 °17'30 "W, leaving the westerly line of said 74.590
acre tract, continuing along the northerly right -of -way line of
Chandler Road, being the southerly line of said Lot 1 for a
portion of the southerly line hereof, a distance of 934.24 feet
to a 1/2 inch iron rod with cap found for the southwesterly
corner of said Lot 1 and hereof, being in the easterly right -of-
way line of Interstate Highway 35;
THENCE, leaving the northerly right -of -way line of Chandler
Road, along the easterly right -of -way line of Interstate Highway
35, being the westerly line of said Lot 1 and a portion of the
westerly line of said 74.590 acre tract for the westerly line
hereof, the following three (3) courses and distances:
1) N22 °52'19 "W, a distance of 330.08 feet to a concrete highway
monument found at the point of curvature of a curve to the
right;
2) Along said curve to the right having a radius of 1095.90
feet, a central angle of 20 °51'40 ", an arc distance of
399.01 feet and a chord which bears N12 °29'06 "W, a distance
of 396.81 feet to a concrete highway monument found for the
end of said curve;
FN 05- 116(CAG)
FEBRUARY 18, 2005
PAGE 3 OF 3
3) NO2 ° 04'48 "W, a distance of 626.96 feet to the POINT OF
BEGINNING, containing an area of 50.154 acres (2,184,720
square feet) of land, more or less, within these metes and
bounds.
BEARING BASIS: REFERENCED TO THE TEXAS STATE PLANE COORDINATE
SYSTEM, CENTRAL ZONE BASED ON PUBLISHED NAD 83/93 HARN VALUES
FOR THE CITY OF GEORGETOWN MONUMENTATION NETWORK.
I, JOHN T. BILNOSKI, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO
HEREBY CERTIFY THAT THE PROPERTY DESCRIBED HEREIN WAS DETERMINED
BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND
SUPERVISION. A SURVEY EXHIBIT WAS PREPARED TO ACCOMPANY THIS
DESCRIPTION.
BURY & PARTNERS, INC.
ENGINEERS AND SURVEYORS
3345 BEE CAVES ROAD, SUITE 200
AUSTIN, TEXAS 78746
JOHN T BILNOSKI
R.P.L. #4998
STATE •F TEXAS
No.
Bearing
Distance
L1
S20'42 11"E
436.20'
L2
S65'42'54 "E
35.35'
L3
N20'43'37 "W
20.06'
L4
N22'52'19 "W
330.08'
L5
NO2'04'48 "W
626,96'
L6
N69'15'57 "E
1514.38'
L7
N6917'01 "E
1575.90'
VICINfTY MAP
N.T.S. 32.28
P.O.B.
0
LEGEND
DEED L /NE
50.154 ACRES
(2,184, 720 SO. FT.)
LOT 1, BLOCK. A
FIRST LIMITED ADDITION
CAB. 0, SLD. 22 -23
SCOTT, SHERWOOD AND
BRINDLEY FOUNDATION
DOC. NO. 9700732
569'17'30 "W 934.24'
• 1/2" IRON ROD FOUND (UNLESS NOTED)
O 1/2" IRON ROD SET WITH CAP
▪ CONCRETE MONUMENT FOUND
P.O.B. POINT OF BEGINNING
BARSHOP & OLES
b Bury. Partners
Consulting Engineers and Surveyors
BnM..14m Tel 812/728 -0811 r.. 512/728 -0723
N.rerwe", k.. AtepAiM raw
DATE: 02 /18/05 I FILE: H: \392 \37 \39237EX18.dwg
0 150 300 600
SCALE: 1"= 300'
1548.87
MCNEIL CONSUMER
PRODUCTS CO.
VOL. 657, PG. 559
CURVE TABLE
No.
C1
C2
Deno
23'28'12"
20'51'40"
Radius
2200.00
Arc Length
901,18
1095.90
399.01
Chord Length
894.89
396.81
Chord Bearing
SC/8'58'06 "E
N12'29'06 "W
ACRES ANC —ROUND ROCK ASSETS 11, LP
DOC. NO. 200 100 1644
N69'15'57 "E 1609.98'
ORDERS MEMORANDUM
4tI or pacts of the text on this page was not
clearly legible for satisfactory recordation: r
74.590 ACRES
SCOTT & WHITE
MEMORIAL HOSPITAL
AND SCOTT,
SHERWOOD AND
BRINDLEY
FOUNDATION
DOC. NO. 9733254
COTTON SPINDLE
CHANDLER ROAD L3' S69'17'01 "W 763.18'
r3
b
LINE TABLE
Coco L7
(R.O.W. VARIES)
OAKMONT
CENTRE
LOT 1 rZ PROVIDENT
DEV. CO.
SEC. 2 O
07/4 ACRES
NNV—TERAVISTA
/DOC. NO.
20010.153
L6
LOT 1
OAKMONT
CENTRE
SEC. 4
SKETCH TO ACCOMPANY DESCRIPTION
OF 50.154 ACRES OF LAND OUT OF THE EPHRAIM EVANS SURVEY. ABSTRACT N0. 212.
SITUATED IN WILLI AMSON COUNTY, TEXAS BEING A PORTION OF THAT CERTAIN 74,590 ACRE
TRACT OF LAND CONVEYED TO SCOTT AND WHITE MEMORIAL HOSPITAL AND SCOTT,
SHERWOOD AND BRINDLEY FOUNDATION BY DEED OF RECORD IN DOCUMENT NO, 9733254 OF
THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AND ALL OF LOT I, BLOCK
A, FIRST LIMITED ADDITION, A SUBDIVISION OF RECORD IN CABINET 0, SLIDES 22 -23 OF THE
PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS
I FN No.:05- 116(CAG) IDRAWN BY:CAG IPROJ. No: 392 -37
THE STATE OF TEXAS
COUNTY OF WILLIAMSON §
That , acting herein by and through its duly authorized officers, being
the holder of a lien as evidenced by Deed of Trust recorded as Document No. of the
Official Records of Williamson County, Texas, does hereby consent to the Agreement and Development
Plan of 37.153 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:
Name:
Title:
STATE OF TEXAS
COUNTY OF WILLIAMSON §
LIEN HOLDER CONSENT
EXHIBIT B
By:
Name:
Title:
This instrument was acknowledged before me on the day of , 2005
b of , a
, on behalf of said
Notary Public, State of Texas
Commission Expires:
EXHIBIT C
DEVELOPMENT PARCELS
5
46
v
SCALE:
—
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1 1210101Y0
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PARCEL 2 1 a
5.149 ACRES , .. 1
(224.254 SG_ (T) /
6 tmg
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x
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S
! �q
/ b PARCEL(
l 35.098 ACRES
/ (15 90. FT.)
1 \
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PARCEL
1 6.769 ACRES , `f.
� 4 -`
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7
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I
1) Bury +Partners
ENGINEERING 9041.141080
7545 Bee caves Road, Suite 200
Austin, Texas 78740
Td. (512)528 -0011 Fax (512(320 -0525
Eury0Partners, Inc. ®Copyright 2005
CHANDLER /I -35 RETAIL, LTD.
PUD #59 -
DEVELOPMENT PARCELS
EXHIBIT C
BARSHOP 8. OLES
DATE: 02/23/05 I SCALE' 1 = 1'
DRAWN 8Y: SPM FILE: G: \392 \37 \39237E%H112
PROJECT No.: 392 -37.10
EXHIBIT C -1
METES AND BOUNDS DESCRIPTION OF PARCEL 1
35.098 ACRES
SCOTT & WHITE TRACT
BARSHOP & OLES
DESCRIPTION
FN. NO. 05- 083(CAG)
FEBRUARY 5, 2005
BPI JOB NO. 392 -37
OF A 35.098 ACRE TRACT OF LAND OUT OF THE EPHRAIM EVANS SURVEY,
ABSTRACT NO. 212, SITUATED IN WILLIAMSON COUNTY, TEXAS, BEING A
PORTION OF THAT CERTAIN 74.590 ACRE TRACT OF LAND CONVEYED TO
SCOTT & WHITE MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY
FOUNDATION BY DEED OF RECORD IN DOCUMENT NO. 9733254 OF THE
OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND A PORTION OF
LOT 1, BLOCK A, FIRST LIMITED ADDITION, A SUBDIVISION OF RECORD
IN CABINET 0, SLIDES 22 -23 OF THE PLAT RECORDS OF WILLIAMSON
COUNTY, TEXAS; SAID 35.098 ACRES BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING, at a 1/2 inch iron rod found at the intersection of
the easterly right -of -way line of Interstate Highway 35 (R.O.W.
varies) and the northerly right -of -way line of Chandler Road
(R.O.W. varies), being the southwesterly corner of said Lot 1
and hereof;
THENCE, leaving the northerly right -of -way line of Chandler
Road, along the easterly line of Interstate Highway 35, being a
portion of the westerly line of said Lot 1, for a portion of the
westerly line hereof, the following two (2) courses and
distances:
1) N22 °52'19 "W, a distance of 330.08 feet to a concrete highway
monument found, being the point of curvature of a curve to
the right;
2) Along said curve to the right having a radius of 1095.90
feet, a central angle of 20 °18'17 ", an arc distance of
388.37 feet and a chord which bears N12 °45'48 "W, a distance
of 386.34 feet to a 1/2 inch iron rod with cap set for the
point of curvature of a non - tangent curve to the left, from
which a concrete highway monument found for the end of said
curve in the easterly line of Interstate Highway 35 bears
with the arc of said curve NO2 °19'58 "W, a chord distance of
10.64 feet;
FN 05- 083(CAG)
FEBRUARY 5, 2005
Page 2 of 4
THENCE, leaving the easterly right -of -way line of Interstate
Highway 35, over and across said Lot 1, and over and across said
74.590 acre tract, for the northerly line hereof, the following
nine (9) courses and distances:
1) Along said non - tangent curve to the left having a radius of
1274.94 feet, a central angle of 16 °53'49', an arc length of
375.99 feet and a chord which bears N74 °20'15 "E, a distance
of 374.62 feet to a 1/2 inch iron rod with cap set for the
end of said curve;
2) N20 °43'21 "W, a distance of 2.86 feet to a 1/2 inch iron rod
with cap set for the point of curvature of a curve to the
right;
3) Along said curve to the right having a radius of 430.00 feet,
a central angle of 60 °13'28 ", an arc length of 451.98 feet,
and a chord which bears N09 °23'23 "E, a distance of 431.46
feet to a 1/2 inch iron rod with cap set for the point of
curvature of a reverse curve to the left;
4) Along said reverse curve to the left having a radius of
770.00 feet, a central angle of 26 °45'31 ", an arc length of
359.61 feet, and a chord which bears N26 °07'22 "E, a distance
of 356.35 feet to a 1/2 inch iron rod with cap set for the
end of said curve;
5) 580 °00'18 "E, a distance of 182.14 feet to a 1/2 inch iron rod
with cap set for the point of curvature of a curve to the
right;
6) Along said curve to the right having a radius of 260.25 feet,
a central angle of 27 °15'46 ", an arc length of 123.83 feet,
and a chord which bears S66 °22'25 "E, a distance of 122.67
feet to a 1/2 inch iron rod with cap set for the point of
tangency;
7) S52 °44'31 "E, a distance of 153.59 feet to a 1/2 inch iron rod
with cap set for an angle point;
8) 574 °43'22 "E, a distance of 33.11 feet to a 1/2 inch iron rod
with cap set for an angle point;
FN 05- 083(CAG)
FEBRUARY 5, 2005
Page 3 of 4
9) N83 °17'48 "E, a distance of 382.83 feet to a 1/2 inch iron rod
with cap set for the point of curvature of a non - tangent
curve to the left, being in the westerly right -of -way line of
future Oakmont Drive (100' R.O.W.);
THENCE, continuing over and across said 74.590 acre tract, along
the westerly right -of -way line of future Oakmont Drive for the
easterly line hereof, the following two (2) courses and distances:
1) Along said non - tangent curve to the left, having a radius of
2300.00 feet, a central angle of 10 °57'26 ", an arc length of
439.86 feet, and a chord which bears S15 °13'28 "E, a distance
of 439.19 feet to a 1/2 inch iron rod with cap set for the
point of tangency;
2) S20 °42'11 "E, a distance of 436.23 feet to a 1/2 inch iron
rod with cap set for an angle point in the westerly line
hereof;
THENCE, S24 °17'06 "W, along a right -of -way cutback at the
intersection of future Oakmont Drive and Chandler Road, a
distance of 35.36 feet to a 1/2 inch iron rod with cap set for
the southeasterly corner hereof, being in the northerly right -of-
way line of Chandler Road, from which a 1/2 inch iron rod found
for the common southerly corner of said 74.590 acre tract and
that certain 107.44 acre tract of land conveyed to NNP- Teravista
LP by deed of record in Document No. 2001001639 of the Official
Public Records of Williamson County, Texas bears N69 °17'01 "E, a
distance of 1725.90 feet;
THENCE, along the northerly line of Chandler Road, being the
southerly and a portion of the westerly line of said 74.590 acre
tract, for a portion of the southerly line hereof, the following
two (2) courses and distances:
1) S69 °17'01 "W, a distance of 613.18 feet to a cotton gin
spindle found for an angle point;
2) N20°43'37'W, a distance of 20.06 feet to a 1/2 inch iron rod
found, being the southeasterly corner of said Lot 1;
FN 05- 083(CAG)
FEBRUARY 5, 2005
Page 4 of 4
THENCE, S69 °17'30 "W, leaving the westerly line of said 74.590
acre tract, continuing along the northerly line of Chandler
Road, being the southerly line of said Lot 1 for a portion of
the southerly line hereof, a distance of 934.24 feet to the
POINT OF BEGINNING, containing an area of 35.098 acres (1,528,877
sq. ft.) of land, more or less, within these metes and bounds.
BEARING BASIS: REFERENCED TO THE TEXAS STATE PLANE COORDINATE
SYSTEM, CENTRAL ZONE BASED ON PUBLISHED NAD 83/93 HARN VALUES
FOR THE CITY OF GEORGETOWN MONUMENTATION NETWORK
BURY +PARTNERS, INC.
ENGINEERS - SURVEYORS JOHN BILNOSKI,
3345 BEE CAVE ROAD NO. 4'98
SUITE 200 STATE OF TEXAS
AUSTIN, TEXAS 78746
No.
Dello
Rodius
Arc Length
Chord Length
Chord Bening
N12'45'48 "W
C1
2018'17"
1095.90
388.37
386.34
C2
16'53'49"
1274.94
375.99
374.62
N74•20'15 "E
C3
60'13'28"
430.00
451.98
431.46
N09•23'23 "E
C4
26'45'31"
770.00
359.61
356.35
N26•07'22 "E
C5
2715'46"
260.25
123.83
122.67
566'22'25 "E
C6
10'57'26"
2300.00
439.86
439.19
S151 3
C7
00'33'23"
1095.90
10.64
10.64
NO21 9'58 "W
No.
Bearing
Distonce
L7
520'42'11 "E
436.23'
18
524'17'06 "W
35.36'
L9
S69'17 "W
613.18'
110
N20'43'37 "W
20.06'
LI1
N691 7 "E
1725.90
•
1 ,
P.O.B.
VICINITY MAP
N.T.S.
C2
132.28 ACRES ANC -ROUND ROCK ASSETS II, LP
DOC. NO. 2001001644 DEED L/N
DEED L/NE
35.098 ACRES
(1,528,877 SQ. FT}
2
WI
of
- L2
LOT 1, BLOCK A
FIRST LIMITED ADDITION
CAS. 0, SLD. 22 -23
SCOTT, SHERWOOD AND
GRINDLEY FOUNDATION
DOC. NO. 9700732
0 150 300
SCALE: 1 "= 300'
BARSHOP & OLES
h Bury Partners
Consul ng Begineers end Surveyors
moue... Td ste /se -sou re. son-oses
ewr.r.n.". 1.e..royrrY.r mw
DATE: 02 /08/05 I FILE: H: \392 \3 \39237EX7.dwg
LINE TABLE
Bearing
N22'5219 "W
No.
L1
L2
L3
L4
L5
L6
N20'43'21 "W
580'00'18"E
S52'44'31 "E
574'43'22 "E
N8317'48 "E
Distance
330.08'
2.86'
182.14'
153.59'
33.11'
382.83'
74.590 ACRES
SCOTT & wHffE
MEMORIAL HOSPITAL
AND SCOTT,
SHERWOOD AND
BRINDL EY
FOUNDATION
DOC. NO. 9733254
N
-
RECORDERS MEMORANDUM
All or part of the text on this page was not
clearly legible for satisfactory recordation.
S69'17'30 "W 934.24' / *� Ly
CHANDLER ROAD L10 \ COTTON SPINDLE (R.O.W. VARIES)
MCNEIL CONSUMER
600 PRODUCTS CO.
VOL. 657, PG. 659
CURVE TABLE
L6
LINE TABLE
/ 107:4 ACRES
NNf TERAVISTA
DOC. NO.
/ /
/
/
CO 1
Ill 1 • 1/2" IRON ROD
CC 1 FOUND (UNLESS NOTED;
▪ 0 1/2" IRON ROD
SET WITH CAP
LEGEND
w
g 1 • CONCRETE MONUMENT
I P.O.B. POINT OF 8 GINNING FOUND
0
111
LOT 1 0 PROVIDENT
OAKMONT O
CENTRE Y DEV. CO.
SEC. 2 O
LOT 1
OAKMONT
CENTRE
SEC. 4
SKETCH TO ACCOMPANY DESCRIPTION
OF 35.098 ACRES OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT N0. 212,
SITUATED IN WILLIAMSON COUNTY. TEXAS BEING A PORTION OF THAT CERTAIN 74,590 ACRE
TRACT OF LAND CONVEYED TO SCOTT AND WHITE MEMORIAL HOSPITAL AND SCOTT,
SHERWOOD AND BRINDLEY FOUNDATION BY DEED OF RECORD IN DOCUMENT NO. 9733254 OF
THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY. TEXAS, AND A PORTION OF LOT 1.
BLOCK A. FIRST LIMITED ADDITION, A SUBDIVISION OF RECORD IN CABINET 0. SLIDES 22 -23
OF THE PLAT RECORDS OF WILLIAMSON COUNTY. TEXAS
IFN No.:05- 083(CAG) IDRAWN BY: CAG IPROJ. Nor 392 -37
EXHIBIT C -2
METES AND BOUNDS DESCRIPTION OF PARCEL 2
5.148 ACRES
SCOTT & WHITE TRACT
BARSHOP & OLES
DESCRIPTION
FN NO. 05 -075 (CAG)
FEBRUARY 2, 2005
BPI JOB NO. 392 -37
OF 5.148 ACRES OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT
NO. 212, SITUATED IN WILLIAMSON COUNTY, TEXAS BEING A PORTION OF
THAT CERTAIN 74.590 ACRE TRACT OF LAND CONVEYED TO SCOTT AND WHITE
MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY FOUNDATION BY
DEED OF RECORD IN DOCUMENT NO. 9733254 OF THE OFFICIAL PUBLIC
RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 5.148 ACRES OF LAND
BEING MORE PARTICULARLY DESCRIBED BY -METES AND BOUNDS AS FOLLOWS:
COMMENCING at a 1/2 inch iron rod found in the easterly right -of-
way line of Interstate Highway 35 (R.O.W. varies), being the
southwesterly corner of that certain 132.28 acre tract of land
conveyed to ANC -Round Rock Assets II, LP by deed of record in
Document No. 2001001644 of the Official Public Records of
Williamson County, Texas, same being the northwesterly corner of
said 74.590 acre tract;
THENCE, N69 °15'57 "E, leaving the easterly line of Interstate
Highway 35, along the southerly line of said 132.28 acre tract,
being a portion of the northerly line of said 74.590 acre tract a
distance of 657.06 feet to a 1/2 inch iron rod with cap set for the
POINT OF BEGINNING, being the northwesterly corner hereof;
THENCE, N69 °15'57 "E, continuing along the southerly line of said
132.28 acre tract, being a portion of the northerly line of said
74.590 acre tract, for the northerly line hereof, a distance of
844.33 feet to a 1/2 inch iron rod with cap set for the point of
curvature of a non - tangent curve to the left, being in the westerly
right -of -way line of future Oakmont Drive (100' R.O.W.), for the
northeasterly corner hereof, from which a 1/2 inch iron rod with
cap found in the northerly line of said 74.590 acre tract, being
the common southerly corner of said 132.28 acre tract and that
certain 107.44 acre tract of land conveyed to NNP- Teravista by deed
of record in Document No. 2001001639 of said Official Public
Records, bears N69 °15'57 "E, distance of 47.49 feet
THENCE, leaving the southerly line of said 132.28 acre tract, over
and across said 74.590 acre tract, along the westerly right -of -way
line of future Oakmont Drive, along said non - tangent curve to the
left having a radius of 2300.00 feet, a central angle of
11 °26'01 ", an arc length of 458.98 feet, and a chord which bears
SO4 °01'44 "E, a distance of 458.22 feet to a 1/2 inch iron rod with
cap set for the southeasterly corner hereof;
FN 05- 075(CAG)
FEBRUARY 2, 2005
PAGE 2 OF 2
THENCE, leaving the westerly right -of -way line of Future Oakmont
Drive, continuing over and across said 74.590 acre tract along the
southerly and westerly lines hereof, the following six (6) courses
and distances:
1) S83 °17'48 "W, a distance of 382.83 feet to a 1/2 inch iron rod
with cap set for an angle point;
2) N74 °43'22 "W, a distance of 33.11 feet to a 1/2 inch iron rod
set for the southwesterly corner hereof;
3) N52 °44'31 "W, a distance of 153.59 feet to 1/2 inch iron rod
with cap set for the point of curvature of a curve to the
left;
4) Along said curve to the left having a radius of 260.25 feet,
a central angle of 27 °15'46 ", an arc length of 123.83 feet,
and a chord which bears N66 °22'25 "W, a distance of 122.67
feet to a 1/2 inch iron rod with cap set for the point of
tangency;
5) N80 °00'18 "W, a distance of 182.14 feet to a 1/2 inch iron rod
with cap set for the point of curvature of a non - tangent
curve to the left;
6) Along said non - tangent curve to the left having a radius of
770.00 feet, a central angle of 01 °32'57 ", an arc length of
20.82 feet, and a chord which bears N11 °58'08 "E, a distance
of 20.82 feet to the POINT OF BEGINNING containing an area of
5.148 acres (224,254 sq. ft.) of land, more or less, within
these metes and bounds.
BEARING BASIS: REFERENCED TO THE TEXAS STATE PLANE COORDINATE
SYSTEM, CENTRAL ZONE BASED ON PUBLISHED NAD 83/93 HARN VALUES FOR
THE CITY OF GEORGETOWN MONUMENTATION NETWORK.
BURY & PARTNERS, INC.
ENGINEERS - SURVEYORS
3345 BEE CAVE ROAD, SUITE 200
AUSTIN, TEXAS 78746
JOHN T BILNOSKI
R.P.L... NO. 4998
STATE OF TEXAS
DATE
No.
Delto
Radius
Arc Length
Chord Length
Chord Beoring
SO4'01'44 "E
C1
11'26'01"
2300.00
458.98
458.22
C2
2715'46"
260.25
123.83
122.67
N66'22'25 "W
C3
01'32'57"
770.00
20.82
20.82
N11'58'08 "E
N4.
Bearing
Distonce
11
58317'48 "W
382.83'
L2
N74'43'22 "W
33.11'
L3
N52'44'31 "W
153.59'
14
N80'00'18 "W
182.14'
L5
N69'15'57 "E
47.49'
VICINITY MAP
N.T.S.
CV P.O.C.
1 32.28
2 N69'15'S7 "E 657.06'
4
2
�
� Q
Z
LOT 1, BLOCK A
FIRST LIMITED ADDITION
CAB. 0, SLD. 22 -23
SCOTT, SHERWOOD AND
BRINDLEY FOUNDATION
DOC. NO. 9700732
LEGEND
CHANDLER ROAD
• 1/2" IRON ROD FOUND (UNLESS NOTED) MCNEIL CONSUMER
O 1/2" IRON ROD SET WITH CAP PRODUCTS CO.
P,O.C, POINT OF COMMENCEMENT VOL. 657, PG. 659
P.O.B. POINT OF BEGINNING
BARSHOP AND OLES
h Bury +Partners
Consulting Engineers and Surveyors
9udle,Tewa Tel 5I2 /9211-401l ru 51028 -5925
lulTeht04eT ee..np"1251 mw
ACRES ANC -ROUND ROCK ASSETS
DOC. NO. 2001001644
P.O.B.
N6915'57 "E 844.33'
C3
LINE TABLE
74.590 ACRES
SCOTT & WHITE
MEMORIAL HOSPITAL
AND SCOTT,
SHERWOOD AND
BRINDLEY
FOUNDATION
DOC. NO. 9733254
DATE: 02/04/05 I FILE: H: \392 \37 \39237E I FN No.:05- 075(CAG)
CURVE TABLE
Li
0 150 300 600
SCALE: 1"= 300'
LOT 1
OAKMONT
CENTRE
SEC. 2
!I,
5.148 ACRES
02 (224, 254 SO. FT.) /
U
r
I
I I
of
O
Y d
O
Q
)
LP 107.44 ACRES
/ NNP/-- TERAVISTA
/ /DOC. NO.
P001001639
L5
p PROVIDENT
DEV. CO.
O
LOT 1
OAKMONT
CENTRE
SEC. 4
SKETCH TO ACCOMPANY DESCRIPTION
OF 5.148 ACRES OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212,
SITUATED IN 1NLLIAMSON COUNTY. TEXAS BEING A PORTION OF THAT CERTAIN 74,590 ACRE
TRACT OF LAND CONVEYED TO SCOTT AND WHITE MEMORIAL HOSPITAL AND SCOTT.
SHERWOOD AND BRINDLEY FOUNDATION BY DEED OF RECORD IN DOCUMENT 440. 9733254 OF
THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS
DRAWN BY: CAG IPROJ. No: 392 -37
EXHIBIT C -3
METES AND BOUNDS DESCRIPTION OF PARCEL 3
6.769 ACRES
SCOTT & WHITE TRACT
BARSHOP & OLES
DESCRIPTION
FN NO. 05 -074 (CAG)
FEBRUARY 2, 2005
BPI JOB NO. 392 -37
OF 6.769 ACRES OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT
NO. 212, SITUATED IN WILLIAMSON COUNTY, TEXAS BEING A PORTION OF
THAT CERTAIN 74.590 ACRE TRACT OF LAND CONVEYED TO SCOTT AND WHITE
MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY FOUNDATION BY
DEED OF RECORD IN DOCUMENT NO. 9733254 OF THE OFFICIAL PUBLIC
RECORDS OF WILLIAMSON COUNTY, TEXAS; AND A PORTION OF LOT 1, BLOCK
A, FIRST LIMITED ADDITION, A SUBDIVISION OF RECORD IN CABINET 0,
SLIDES 22 -23 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID
6.769 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING, at a 1/2 inch iron rod found in the easterly right -of-
way line of Interstate Highway 35 (R.O.W. varies), being the
southwesterly corner of that certain 132.28 acre tract of land
conveyed to ANC -Round Rock Assets II, LP by deed of record in
Document No. 2001001644 of the Official Public Records of
Williamson County, Texas, same being the northwesterly corner of
said 74.590 acre tract and hereof;
THENCE, N69 °15'57 "E, leaving the easterly line of Interstate
Highway 35, along the southerly line of said 132.28 acre tract,
being a portion of the northerly line of said 74.590 acre tract,
for the northerly line hereof, a distance of 657.06 to a 1/2 inch
iron rod with cap set for the point of curvature of a non- tangent
curve to the right, being the northeasterly corner hereof, from
which a 1/2 inch iron rod with cap found in the northerly line of
said 74.590 acre tract, being the common southerly corner of said
132.28 acre tract and that certain 107.44 acre tract of land
conveyed to NNP- Teravista by deed of record in Document No.
2001001639 of said Official Public Records, bears N69 °15'57 "E,
distance of 891.82 feet
THENCE, leaving the southerly line of said 132.28 acre tract, over
and across said 74.590 acre tract and over and across said Lot 1,
along the irregular southerly line hereof, the following four (4)
courses and distances:
1) Along said non - tangent curve to the right having a radius of
770.00 feet, a central angle of 28 °18'28 ", an arc length of
380.43 feet, and a chord which bears S25 °20'53 "W, a distance
of 376.57 feet to a 1/2 inch iron rod with cap set for the
point of curvature of a reverse curve to the left;
2) Along said reverse curve to the left having a radius of
430.00 feet, a central angle of 60 °13'28 ", an arc length of
451.98 feet, and a chord which bears S09 °23'23 "W, a distance
of 431.46 feet to a 1/2 inch iron rod with cap set for the
point of tangency;
FN 05- 074(CAG)
FEBRUARY 2, 2005
PAGE 2 OF 2
3) S20 °43'21 "E, a distance of 2.86 feet to a 1/2 inch iron rod
with cap set for the point of curvature of a non - tangent
curve to the right;
4) Along said non - tangent curve to the right having a radius of
1274.94 feet, a central angle of 16 °53'49', an arc length of
375.99 feet and a chord which bears S74 °20'15 "W, a distance
of 374.62 feet to a 1/2 inch iron rod with cap set in the
curving easterly right -of -way line of Interstate Highway 35
for the point of curvature of a non - tangent curve to the
right, from which a concrete highway monument found in the
easterly right -of -way line of Interstate Highway 35 bears
with the arc of a curve S12 °45'48 "E, a chord distance of
386.34 feet;
THENCE, along the easterly line of Interstate Highway 35, being the
westerly line of said Lot 1 and a portion of the westerly line of
said 74.590 acre tract, for the westerly line hereof, the following
two (2) courses and distances:
1) Along said curve to the right having a radius of 1095.90
feet, a central angle of 00 °33'23 ", an arc length of 10.64
feet, and a chord which bears NO2 °19'58 "W, a distance of
10.64 feet to a concrete highway monument found for the end
of said curve;
2) NO2 °04'48 "W, a distance of 626.96 feet to the POINT OF
BEGINNING containing an area of 6.769 acres (294,844 sq. ft.)
of land, more or less, within these metes and bounds.'
BEARING BASIS: REFERENCED TO THE TEXAS STATE PLANE COORDINATE
SYSTEM, CENTRAL ZONE BASED ON PUBLISHED NAD 83/93 HARN VALUES FOR
THE CITY OF GEORGETOWN MONUMENTATION NETWORK.
BURY & PARTNERS, INC.
ENGINEERS- SURVEYORS
3345 BEE CAVE ROAD, SUITE 200
AUSTIN, TEXAS 78746
JOHN T. . ILNOSKI
R.P.L.S. NO. 4998
STATE OF TEXAS
No.
Delta
Radius
Arc Length
Chord Length
Chord Beorinq
C1
2818'28"
770.00
380.43
376.57
S25'20'53 "W
C2
6013'28"
430.00
451.98
431.46
509'23'23 "W
C3
16'53'49"
1274.94
375.99
374.62
574'20'15 "W
C4
00'33'23"
1095.90
10.64
10.64
NO219'58 "W
C5
2018'17"
1095.90
388.37
386.34
S12'45'48 "E
No.
Bearing
Distance
11
N6915'57 "E
657.06'
L2
S20'43'21 "E
2.86'
L3
NO2'04'48 "W
626.96'
•
0
P.O.B.
LEGEND
VICINITY MAP
N.T.S.
C3
P.O.B Li
L2
LOT 1, BLOCK A
FIRST LIMITED ADDITION
CAB. 0, SL D. 22 -23
SCOTT, SHERWOOD AND
BRINDLEY FOUNDATION
DOC. NO. 9700732
CHANDLER ROAD
LINE TABLE
132.28 ACRES ANC —ROUND ROCK ASSETS
DOC. NO. 2001001544
N69'15'57 "E 891.82'
74.590 ACRES
SCOTT & WHITE
MEMORIAL HOSPITAL
AND SCOTT,
SHERWOOD AND
BRINDLEY
FOUNDATION
DOC. NO. 9733254
1/2" IRON ROD FOUND (UNLESS NOTED) MCNEIL CONSUMER
1/2" IRON ROD SET WITH CAP PRODUCTS CO.
MONUMENT FOUND VOL. 657, PG. 659
POINT OF BEGINNING
BARSHOP AND OLES
bBur Partners
Consulting Engineers and Surveyors
AuWL,Tee l Tel 512/1211-0911 F. 612/329 -9525
Iu.7+P., , k.•Map)AFhl 2711
DATE: 02 /04/05 I FILE: H: \392 \37 \39237EX14. dwg
IFN
CURVE TABLE
0 150 300 600
SCALE: 1"= 300'
LOT 1
OAKMONT
CENTRE
SEC. 2
/ /
1 /
I = 1
No.:05- 074(CAG) IDRAWN BY; CAG
/
II, LP '107 44 ACRES
/ NNP/- TERAVISTA
/ /DOC. NO.
E001001639
g PROVIDENT
1 DEV. co.
O
LOT 1
OAKMONT
CENTRE
SEC. 4
SKETCH TO ACCOMPANY DESCRIPTION
OF 6.769 ACRES OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT N0. 212,
SITUATED IN WILLIAMSON COUNTY. TEXAS BEING A PORTION OF THAT CERTAIN 74.590 ACRE
TRACT OF LAND CONVEYED TO SCOTT AND WHITE MEMORIAL HOSPITAL AND SCOTT,
SHERWOOD AND BRINDLEY FOUNDATION BY DEED OF RECORD IN DOCUMENT NO, 9733254 OF
THE OFFICIAL PUBUC RECORDS OF WILLIAMSON COUNTY, TEXAS; AND A PORTION OF LOT 1.
BLOCK A. FIRST LIMITED ADDITION. A SUBDIVISION OF RECORD IN CABINET 0, SLIDES 22 -23
OF THE PLAT RECORDS OF WILLIAMSON COUNTY. TEXAS
I PROJ. No 392 -37
EXHIBIT C -4
METES AND BOUNDS DESCRIPTION OF OAKMONT DRIVE
3.139 ACRES
SCOTT & WHITE TRACT
BARSHOP & OLES
DESCRIPTION
FN. NO. 05- 102(CAG)
FEBRUARY 9, 2005
BPI JOB NO. 392 -37
OF A 3.139 ACRE TRACT OF LAND OUT OF THE EPHRAIM EVANS SURVEY,
ABSTRACT NO. 212, SITUATED IN WILLIAMSON COUNTY, TEXAS BEING A
PORTION OF THAT CERTAIN 74.590 ACRE TRACT OF LAND CONVEYED TO
SCOTT & WHITE MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY
FOUNDATION BY DEED OF RECORD IN DOCUMENT NO. 9733254 OF THE
OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 3.139 ACRES
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING at a cotton gin spindle found in the northerly right -
of -way line of Chandler Road (R.O.W. varies), being the
southwesterly corner of said 74.590 acre tract, from which a 1/2
inch iron rod found in the northerly right -of -way line of
Chandler Road, being the southeasterly corner of Lot 1, Block A
First Limited Addition, a subdivision of record in Cabinet o,
Slides 22 -23 bears N20 °43'37 "W, a distance of 20.06 feet;
THENCE, N69 °17'01 "E, along the northerly right -of -way line of
Chandler Road, being a portion of the southerly line of said
74.590 acre tract, a distance of 613.18 feet to a 1/2 inch iron
rod with cap set for the POINT OF BEGINNING and the southwesterly
corner hereof;
THENCE, leaving the northerly right -of -way line of Chandler
Road, over and across said 74.590 acre tract, for the westerly
line hereof, the following three (3) courses and distances:
1) N24 °17'06 "E, a distance of 35.36 feet to a 1/2 inch iron
rod with cap set for an angle point;
2) N20 °42'11 "W, a distance of 436.23 feet to a 7/2 inch iron
rod with cap set for the point of curvature of a curve to
the right;
3) Along said curve to the right, having a radius of 2300.00
feet, a central angle of 22 °23'28 ", an arc length of 898.83
feet, and a chord which bears N09 °30'28 "W, a distance of
893.12 feet to a 1/2 inch iron rod with cap set for the
northwesterly corner hereof, being in the northerly line of
said 74.590 acre tract, same being in the southerly line of
that certain 132.28 acre tract of land conveyed to ANC -
Round Rock Assets II, LP by deed of record in Document No.
2001001644 of the Official Public Records of Williamson
County, Texas;
FN 05- 102(CAG)
FEBRUARY 9, 2005
Page 2 of 2
THENCE, N69 °15'57 "E, along a portion of the northerly line of
said 74.590 acre tract, being in part a portion of the southerly
line of said 132.28 acre tract and in part a portion of the
westerly line of that certain 107.44 acre tract of land conveyed
to NNP- Teravista LP by deed of record in Document No. 2001001639
of said Official Public Records for the northerly line hereof,
passing at a distance of 47.49 feet a 1/2 inch iron rod found
for the southeasterly corner of said 132.28 acre tract, same
being an angle point in the westerly line of said 107.44 acre
tract, and continuing for a total distance of 108.60 feet to a
1/2 inch iron rod with cap set for the northeasterly corner
hereof, being the point of curvature of a non - tangent curve to
the left;
THENCE, leaving the westerly line of said 107.44 acre tract,
over and across said 74.590 acre tract, for the easterly line
hereof, the following three (3) courses and distances;
1) Along said non - tangent curve to the left, having a radius
of 2200.00 feet, a central angle of 23 °28'12 ", an arc
length of 901.18 feet, and a chord which bears S08 °58'06 "E,
a distance of 894.89 feet to a 1/2 inch iron rod with cap
set for the point of tangency;
2) S20 °42'11 "E, a distance of 436.20 feet to a 1/2 inch iron
rod with cap set for an angle point;
3) S65 °42'54 "E, a distance of 35.35 feet to a 1/2 inch iron
rod with cap set for the southeasterly corner hereof, being
in the northerly right -of -way line of Chandler Road, from
which a 1/2 inch iron rod found for the common southerly
corner of said 74.590 acre tract and said 107.44 acre tract
bears N69 °17'01 "E, a distance of 1575.90 feet;
THENCE, S69 °17'01 "W, along the northerly line of Chandler Road,
being a portion of the southerly line of said 74.590 acre tract,
for the southerly line hereof, a distance of 150.00 feet to the
POINT OF BEGINNING, containing an area of 3.139 acres (136,744
sq. ft.) of land, more or less, within these metes and bounds.
BEARING BASIS: REFERENCED TO THE TEXAS STATE PLANE COORDINATE
SYSTEM, CENTRAL ZONE BASED ON PUBLISHED NAD 83/93 HARN VALUES
FOR THE CITY OF GEORGETOWN MONUMENTATION NETWORK
BURY +PARTNERS, INC.
ENGINEERS - SURVEYORS
3345 BEE CAVE ROAD
SUITE 200
AUSTIN, TEXAS 78746
05" `• ' sT '•�
ti
JOHN . BILNOSKI, R.P.L.S.. JOHN7.BILNOSKI
NO. '998
STAT OF TEXAS
4998/
°?
su4
No.
Bearing
Dislonce
L1
N2417 06 "E
35.36'
12
N20'42'11 "W
436.23'
13
N69'15'57 "E
108.60'
L4
520'42'11 "E
436.20'
L5
565'42'54 "E
35.35'
L6
569'17'01 "W
150.00'
L7
N20•43'37 "W
20.06'
L8
N69'17'01 "E
613.18
L9
N69'17'01 "E
1575.90
Ct
GU
74.590 ACRES
SCOTT & WHITE
MEMORIAL HOSPITAL
AND SCOTT,
LOT 1 , BLOCK A SHERWOOD AND
FIRST LIMITED ADDITION W BRINDLEY
CAB. 0, SLD. 22 -23 o FOUNDATION
DOC. NO. 9733254
SCOTT, SHERWOOD AND
BRINDLEY FOUNDATION
DOC. NO. 9700732
CHANDLER ROAD (R.O.W. VARIES) COT7ON SPINDLE
' LEGEND
VICINITY MAP
N.T.S.
DEED L /NF
• 1/2 IRON ROD FOUND (UNLESS NOTED)
O 1/2" IRON ROD SET WITH CAP
P.O.C. POINT OF COMMENCEMENT
P.O.B. POINT OF BEGINNING
LINE TABLE
LI
MCNEIL CONSUMER
PRODUCTS CO.
VOL. 557, PG. 659
CURVE TABLE
0 150 300 600
SCALE: 1 "= 300'
No.
C1
C2
Del to
22'23'28"
2328'12"
Radiu
2300.00
2200.00
Arc Lenalh
898.83
901.18
Chord Lenolh
893.12
894.89
Chord Beorino
N09'30'28 "W
S08'58'06 "E
132.28 ACRES ANC —ROUND ROCK ASSETS 11, LP
DOC. NO. 2001001644
DEED LINE
3.139 ACRES
(136, 744 SO.. FT)
sszN
P O C L8 P.O.B.
�
L6
LOT 1
OAKMONT 1
CENTRE
SEC. 2 0
47.\'
PROVIDE
DEV. CO.
107.44 ACRES
NNP— TERAVISTA
DOC. ND.
2001001639
LOT 1
OAKMONT
CENTRE
SEC. 4
BARSHOP & OLES
I ) Bury- Partners
Consulting Engineers and Surveyors
Auellu,Tem Tel 51E /3EE 4411 he sle /311 - sses
wom.. Mc M'NTWl3Wl
SKETCH TO ACCOMPANY DESCRIPTION
OF 3.139 ACRES OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO 212,
SITUATED IN WILLIAMSON COUNTY, TEXAS BEING A PORTION OF THAT CERTAIN 74.590 ACRE
TRACT OF LAND CONVEYED TO SCOTT AND WHITE MEMORIAL HOSPITAL AND SCOTT,
SHERWOOD AND BRINDLEY FOUNDATION BY DEED OF RECORD IN DOCUMENT N0. 9733254 OF
THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS
DA TE: 02/09/05 (FILE: H: \392 \37 \39237EX12.dwg IFN No.: 05-102(CAC) (DRAWN BY: CAS IPROJ. No 392 - 37
EXHIBIT D -1
USES AND DEVELOPMENT STANDARDS FOR PARCEL 1
In accordance with Section 11.314 of the Round Rock Zoning Ordinance, the following
use regulations, design standards and development standards shall apply to all
development on the portion of the Property identified as Parcel 1 on the Parcel Map,
attached to this ordinance as Exhibit "C ", and further described by metes and bounds
in Exhibit "C -1 ". Unless otherwise defined, all terms used shall correspond to the
definitions in the City of Round Rock Code of Ordinances.
1. PERMITTED USES
The following principal uses are permitted:
• Grocery Stores (within a structure containing at least 125,000 square feet)
• Retail Sales and Services provided Retail Services shall be limited to the following:
o Florist
o Cleaners (drop -off and pick -up only)
o Hair Salon
o Alteration Shop (Tailor)
o Copy Business Center
o Dental Service*
o Shoe Repair*
o Real Estate Office*
o Day Spa*
o Travel Agency*
o Dance Studio*
o Private Postal Service*
o Jewelry Repair*
o Weight Loss Center*
o Dental Service*
o Chiropractor*
o Educational Learning Center*
o Stocks and Bonds Brokers*
o Mortgage Companies*
o Insurance Agents*
* The aggregate square footage of the services marked with an asterisk operating on
Parcel 1 at any time shall not exceed 10,000 square feet and shall only be permitted in a
building facing Chandler Road, or Oakmont Drive.
• Bank (including off -site cash machines). This includes banks, savings and loans, and
credit unions.
• Indoor Entertainment Activities (provided such activities shall be limited to an
operation which includes both a mix of entertainment activities and food and
beverage service).
• Eating Establishments, excluding drive through services (except that a "to go"
window shall be permitted for a sit down restaurant)
• Drive through services for a bank or pharmacy
• Outdoor Entertainment (this use shall be limited only to an outdoor music venue)
• Theater /Cinema
• Bars /Pubs /Taverns, which is the use of a site for the retail sale of alcoholic
beverages for consumption on premises
• Hotel
• Conference Center
• Fire or Police Station
• Visitor Center, which is the use of a site for the provision of information to the
public regarding a development, project, or the surrounding community, as well as
related activities, events, programs and tourist locations.
• Wireless Transmission Facility, Stealth
• Wireless Transmission Facility, Attached
• Park, Private
• Park, Linear /Linkage
• Park, Community
• Park, Neighborhood
• Park, Regional/ Metropolitan
2. PROHIBITED USES
The following uses are prohibited:
• Gasoline & fuel sales
• Automotive & machinery repair
• Automotive & machinery services
• Automotive parts
• Automotive sales
• Automotive rental
• Automotive & machinery washes
• Wrecking yards
• Sale of used goods (except antiques and estate sales)
• Sexually oriented businesses
• Trucking terminals
• Truck service or repair
• Truck stops
• Bulk distribution centers
• Mini warehouses
• Flea markets
• Portable building sales
• Manufactured home sales
• Boat sales
• Camper sales
• Industrial building sales
• Amusement parks or carnivals
• Campgrounds
• Shooting ranges
• Kennels
• Video arcades (as a primary use)
• Billiard parlors & pool halls (as a primary use)
• Tattoo parlors
• Donation centers
• Recycling centers
• Wholesale nurseries
• Recreational vehicle parks
• Pawn shops
• Heavy equipment sales
• Wireless Transmission Facility, Self- Standing
3. SPECIAL EXCEPTIONS
All other uses that are not specifically addressed in this ordinance will require a special
exception, in accordance with the City of Round Rock Code of Ordinances.
4. DESIGN STANDARDS
4.1 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 (except for trim or minor decorative features approved by
the Director of Planning)
• Unfinished sheet metal (except for trim or minor decorative features
approved by the Director of Planning)
4.2 Requirements
Except as modified by this ordinance, the project shall comply with the C -1
Design Standards specified in Section 11.409(4) of the Round Rock Zoning
Ordinance. Buildings and structures in Parcel 1 shall incorporate similar and
compatible architectural styles currently planned for buildings and structures in
Parcel 1 of PUD 60 (Round Rock Premium Outlet Mall) as generally depicted on
Exhibit "G" attached hereto, utilizing similar building materials, colors and
designs. Emphasis shall also be placed on human scale design and pedestrian
connectivity between buildings, utilizing shaded pedestrian walkways, public
plazas, landscaping and other public amenities.
Building elevations demonstrating compliance with the requirements of this
section shall be submitted with the Preliminary Site Plan for City review and
approval; such approval not to be unreasonably withheld.
4.4 Wet Pond
The detention /retention pond to be located at the Southwest corner of Parcel 1
(the corner of I -35 and Chandler Road) shall be designed and constructed as a
"Wet Pond" water feature (i.e., a constant body of water with natural shape
combining storm water detention and filtration functions, as required, with
water retention). Aquatic plantings shall be installed around the perimeter of the
pond for biological filtration of the storm water. A fountain feature shall also be
included in the pond for water aeration.
USES AND DEVELOPMENT STANDARDS FOR PARCEL 2
In accordance with Section 11.314 of the Round Rock Zoning Ordinance, the following
use regulations, design standards and development standards shall apply to all
development on the portion of the Property identified as Parcel 2 on the Parcel Map,
attached to this ordinance as Exhibit "C", and further described by metes and bounds
in Exhibit "C -2". Unless otherwise defined, all terms used shall correspond to the
definitions in the City of Round Rock Code of Ordinances.
1. PERMITTED USES
The following principal uses are permitted:
• Theater /Cinema
• Retail Sales and Services
• Eating Establishments
• Bars /Pubs /Taverns, which is the use of a site for the retail sale of alcoholic
beverages for consumption on premises
• Drive through services
• Bank or Financial Services, which is the use of a site for the provision of financial
and banking services. This includes banks, stocks and bonds brokers, loan and
lending activities, off -site cash machines, and other similar services.
• Visitor Center, which is the use of a site for the provision of information to the
public regarding a development, project, or the surrounding community, as well as
related activities, events, programs and tourist locations.
• Park, Private
• Park, Linear /Linkage
• Park, Community
• Park, Neighborhood
• Park, Regional /Metropolitan
2. PROHIBITED USES
The following uses are prohibited:
• Grocery stores
• Gasoline & fuel sales
• Automotive & machinery repair
• Automotive & machinery services
EXHIBIT D -2
• Automotive parts
• Automotive sales
• Automotive rental
• Automotive & machinery washes
• Wrecking yards
• Sale of used goods
• Sexually oriented businesses
• Trucking terminals
• Truck service or repair
• Truck stops
• Bulk distribution centers
• Mini warehouses
• Flea markets
• Portable building sales
• Manufactured home sales
• Boat sales
• Camper sales
• Industrial building sales
• Amusement parks or carnivals
• Campgrounds
• Shooting ranges
• Kennels
• Video arcades (as a primary use)
• Billiard parlors & pool halls (as a primary use)
• Tattoo parlors
• Donation centers
• Recycling centers
• Wholesale nurseries
• Recreational vehicle parks
• Pawn shops
• Heavy equipment sales
• Wireless Transmission Facility, Self- Standing
3. SPECIAL EXCEPTIONS
All other uses that are not specifically addressed in this ordinance will require a special
exception, in accordance with the City of Round Rock Code of Ordinances.
4. DESIGN STANDARDS
4.1 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 (except for trim or minor decorative features approved by
the Director of Planning)
• Unfinished sheet metal (except for trim or minor decorative features
approved by the Director of Planning)
4.2 Requirements
Except as modified by this ordinance, the project shall comply with the Design
Standards specified in Section 11.409(4) of the Round Rock Zoning Ordinance.
Buildings and structures in Parcel 2 shall incorporate similar and compatible
architectural styles with buildings and structures depicted in Exhibit "G ",
utilizing similar building materials, colors and designs. Emphasis shall also be
placed on human scale design and pedestrian connectivity between buildings,
utilizing shaded pedestrian walkways, public plazas, landscaping and other
public amenities.
Building elevations demonstrating compliance with the requirements of this
section shall be submitted with the Preliminary Site Plan for City review and
approval.
In accordance with Section 11.314 of the Round Rock Zoning Ordinance, the following
use regulations, design standards and development standards shall apply to all
development on the portion of the Property identified as Parcel 3 on the Parcel Map,
attached to this ordinance as Exhibit "C ", and further described by metes and bounds
in Exhibit "C -3 ". Unless otherwise defined, all terms used shall correspond to the
definitions in the City of Round Rock Code of Ordinances.
1. PERMITTED USES
Parcel 3 shall be developed as pad sites consisting of any the following uses:
• Eating Establishments without drive - through services
• Bars /Pubs /Taverns, which is the use of a site for the retail sale of alcoholic
beverages for consumption on premises
• Retail Sales and Services
• Off -site cash machines
• Hotels
• Visitor Center, which is the use of a site for the provision of information to the
public regarding a development, project, or the surrounding community, as well as
related activities, events, programs and tourist locations.
• Park, Private
• Park, Linear /Linkage
• Park, Community
• Park, Neighborhood
• Park, Regional/ Metropolitan
2. PROHIBITED USES
The following uses are prohibited:
• Grocery stores
• Gasoline & fuel sales
• Automotive & machinery repair
• Automotive & machinery services
• Automotive parts
• Automotive sales
• Automotive rental
EXHIBIT D -3
USES AND DEVELOPMENT STANDARDS FOR PARCEL 3
• Automotive & machinery washes
• Wrecking yards
• Sale of used goods
• Sexually oriented businesses
• Trucking terminals
• Truck service or repair
• Truck stops
• Bulk distribution centers
• Mini warehouses
• Flea markets
• Portable building sales
• Manufactured home sales
• Boat sales
• Camper sales
• Industrial building sales
• Amusement parks or carnivals
• Campgrounds
• Shooting ranges
• Kennels
• Video arcades (as a primary use)
• Billiard parlors & pool halls (as a primary use)
• Tattoo parlors
• Donation centers
• Recycling centers
• Wholesale nurseries
• Recreational vehicle parks
• Pawn shops
• Heavy equipment sales
• Wireless Transmission Facility, Self- Standing
3. SPECIAL EXCEPTIONS
All other uses that are not specifically addressed in this ordinance will require a special
exception, in accordance with the City of Round Rock Code of Ordinances.
4. DESIGN STANDARDS
4.1 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 (except for trim or minor decorative features approved by
the Director of Planning)
• Unfinished sheet metal (except for trim or minor decorative features
approved by the Director of Planning)
4.2 Requirements
Except as modified by this ordinance, the project shall comply with the Design
Standards specified in Section 11.409(4) of the Round Rock Zoning Ordinance.
Buildings and structures in Parcel 2 shall incorporate similar and compatible
architectural styles with buildings and structures depicted in Exhibit "G ",
utilizing similar building materials, colors and designs. Emphasis shall also be
placed on human scale design and pedestrian connectivity between buildings,
utilizing shaded pedestrian walkways, public plazas, landscaping and other
public amenities.
Building elevations demonstrating compliance with the requirements of this
section shall be submitted with the Preliminary Site Plan for City review and
approval.
EXHIBIT E
RESERVED
EXHIBIT F -1
STREETSCAPE (PLAN VIEW)
PARTNERS
CHANDLER /1-35 RETAIL
EXHIBIT F -1
Streetscape (Plan View)
EXHIBIT F -2
STREETSCAPE PROFILE VIEW)
PARTNERS
Set 550. pm, lm 71716
lam1R7.imr 6.12.10
Future
RECORDERS MEMORANDUM
All or parts of the text on this page was not
clearly legible for satisfactory recordation.
Large, shade tree —�
Small, oree mentel-
- Median
20' LIP TO LIP—.+ -- 24' LIP TO LIP --
STANDARD OR —
MEANDERING
5' SIDEWALK
Landscape improvements, per P.U.G.
CHANDLER / 1 -35 RETAIL
EXHIBIT F -2
Streetscape (Profile View)
ti
O 1 20.0'
SLOPE VARIES;
3:1 MAXIMUM
CHANDLER / 1 -35 RETAIL
SITE PARKING
Shrub 8 Groundcover
Planting Area
1
MMLMAMB
EXHIBIT G
ARCHITECTURE
SIMON
EWE AT MII■ [MIME
r1= NMI
VIEW MOM EARNING 111.55 NORTH
• ROUND ROCK PREMIUM OUTLETS •
EXHIBIT G: Architecture (1 of 2)
; 4 " 177 43rIN VAM.;.1,4NPAIR, Anj1 ---7 ;:'7 4 .!
!I153 !!!!li
por
7: :17;1: i :I:7: .!!.!5. 1
--=rtArlool vl • •
-
SIMON
MT/ • nrvio n■Un • .04.41:en 1 s...•■■•
• ROUND ROCK PREMIUM OUTLETS •
EXHIBIT G: Architecture (2 of 2)
•
EXHIBIT H
RIGHT OF WAY AND EASEMENT LOCATIONS
•
N011v01030
g M'0'd 0390d01d
F i1/3wnal� NI 31000835 A9)
7 ! N31 Ali -
0118, d S 1 0350100/8
- (183811 /81 31080930 A9)
/8303003 A1111!n
3118nd ;1 03S0doad
11113rv89108l 31090 /838 891
1838350 3d0350N01,OZ 03Snd)0a
NO1001030
/0 03SOdOid
CZ1 '.91 'C6L 70,1
1N31 .41/7110
079/)8 ,OZ
Zi9 30 *09/ - 70 , 1
183/13003 3/013373 ,9/
00f 0d '909 70x1
1N3*135r3 379x,9
ON00M9N30N0 ,OZ
/
1
I
rem
0C/ 3d 1 701
CZ, 00 '16/ /0n
1037*30r3 31/700 3/7000 .00
1 83 . - 831VM3180M
0300/808/8
RECORDERS MEMORANDUM
All or parts of the text on this page was not
clearly legible for satisfactory recordation.
N
W +E Rezoning - Barshop & Oles Tract
PUD 59 - 50.154 Acres
Westinghouse
Z
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•
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
AGREEMENT AND DEVELOPMENT PLAN
CHANDLER IH 35 RETAIL, LTD. PUD
PLANNED UNIT DEVELOPMENT NO. 59
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 Chandler IH 35 Retail, Ltd., a Texas limited
partnership, having its offices at 801 Congress, Suite 300, Austin, Texas 78701 (hereafter
referred to as the "Owner"). For purposes of this Agreement, the term Owner shall
mean Chandler IH 35 Retail, Ltd., its respective successors and assigns; provided,
however, upon sale, transfer or conveyance of portions of the hereinafter described
property, the duties and obligations of the Owner, as it relates to the respective
property, shall be assumed by the new owner, and the Owner shall have no further
liability relating to their respective property.
WHEREAS, the Owner is the owner of certain real property consisting of
approximately 50.154 acres, as more particularly described in Exhibit "A ", (herein after
referred to as the "Property ") attached hereto and made a part hereof.
WHEREAS, The Owner has submitted a request to the City to rezone the Property as a
Planned Unit Development (the "PUD ").
WHEREAS, pursuant to Chapter 11, Section 11.314, Code of Ordinances (1995 Edition),
City of Round Rock, Texas, the Owner has submitted a Development Plan setting forth
the development conditions and requirements within the PUD, which Development
Plan is contained in Section II of this Agreement; and
WHEREAS, the City has held two public hearings required by law to solicit input from
all interested citizens and affected parties; and
WHEREAS, on March 16, 2005, the City's Planning and Zoning Commission
recommended approval of the Owner's application for a PUD; and
WHEREAS, the City Council has reviewed the proposed Development Plan and
determined that it promotes the health, safety, and general welfare of the citizens of
Round Rock and that it complies with the intent of the Planned Unit Development
Ordinance of the City;
NOW THEREFORE BY THIS AGREEMENT WITNESSETH that, in consideration of
the covenants and conditions set forth herein, the City and the Owner agree as follows:
I.
GENERAL PROVISIONS
1. CONFORMITY WITH DEVELOPMENT PLAN
That all uses and development within the Property shall conform to the Development
Plan included in Section II herein.
2. CHANGES AND MODIFICATIONS
No changes or modifications will be made to this Agreement or the Development Plan
unless all provisions pertaining to changes or modifications as stated in Section II.13
below are followed.
3. ZONING VIOLATION
Owner understands that any person, firm, corporation or other entity violating any
conditions or terms of the Development Plan shall be subject to any and all penalties for
the violation of any zoning ordinance provisions as stated in Section 1.601, C ode of
Ordinances, (1995 Edition), City of Round Rock, Texas, as amended.
4. LIEN HOLDER CONSENT
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 ", attached hereto and incorporated herein.
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
Owner 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. No consent shall be required in connection with such sale 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 of this Agreement are deemed invalid,
illegal or unenforceable in any respect such invalidity, illegality or
unenforceability shall not affect any other provisions of this Agreement and in
such event, this Agreement shall be construed as if such invalid, illegal or
unenforceable provision had never been contained in this Agreement.
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.
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 shall be in Williamson County.
5.7 No Third Party Beneficiaries
Nothing in this Agreement, express or implied, is intended to confer upon any
person or entity, other than the parties hereto (and their respective successors
and assigns), any rights, benefits or remedies under or by reason of this
Agreement.
5.8 Duplicate Originals
This Agreement may be executed in duplicate original, each of equal dignity.
5.9 Notices
Until changed by written notice thereof any notice required under this
Agreement may be given to the respective parties, by certified mail, postage
prepaid or by hand delivery to the address of the other party shown below:
OWNER
Chandler IH 35 Retail, Ltd.
c/o Barshop & Oles
801 Congress Avenue, Suite 300
Austin, Texas 78701
Attn: Milo Burdette
5.10 Effective Date
CITY OF ROUND ROCK
City of Round Rock, Texas
221 East Main Street
Round Rock, Texas 78664
Attn: Director of Planning
This Agreement shall be effective from and after the date of due execution hereof
by all parties.
5.11 Appeal of Administrative Decisions
Administrative decisions provided for in this Agreement may be appealed to the
City Council in writing within ninety (90) days following receipt by Owner of the
written confirmation of the decision.
5.12 Binding Effect
This Agreement and the Development Plan binds and benefits the Owner and its
successors and assigns.
1. DEFINITIONS
II.
DEVELOPMENT PLAN
Words and terms used herein shall have their usual force and meaning, or as defined in
the Code of Ordinances (1995 Edition) as amended, City of Round Rock, Texas,
hereinafter referred to as "the Code."
2. PROPERTY
This Development Plan ("Plan") covers approximately 50.154 acres of land, located
within the city limits of Round Rock, Texas, and more particularly described by metes
and bounds in Exhibit "A ". For the purpose of assigning land use and development
standards, the Property has been divided into development parcels, as shown in
Exhibit "C ".
3. PURPOSE
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 effect
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. In the event of a conflict, the terms of this
Agreement shall control.
5. PERMITTED USES
The Property shall be used and developed for the uses as shown in Exhibits "D - ", "D-
2" and "D -3 ".
6. DEVELOPMENT STANDARDS
The Property shall be developed in accordance with the development standards set
forth in Exhibits "D - ", "D - 2" and "D - ", attached hereto, as applicable to each parcel
and its designated use.
7. 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, installed by or at the request of Owner, shall be placed underground to
connecting points provided by the service provider. All transformers must be visually
screened.
8. DRIVEWAY ACCESS
Driveway access shall be regulated in accordance with the Traffic Impact Analysis
approved by the City's Director of Transportation Services.
9. DRIVEWAY THROAT LENGTH
All driveways shall provide a minimum driveway throat of 100 feet, except the
northernmost driveway on Oakmont Drive (providing access to the rear of the retail
buildings) shall provide a minimum driveway throat of 50 feet. No parking spaces or
internal access drives shall intersect with access driveways within this 100 -foot or 50-
foot, as applicable, throat. Throat length shall be measured from the property line along
the street right -of -way.
10. RIGHT - OF - WAY AND EASEMENT DEDICATIONS
The required right -of -way for the proposed Oakmont Drive shall be dedicated or cause
to be dedicated to the City, free of all monetary liens, with the final plat for Parcel 1, or
pursuant to an agreement or agreements by and between the City of Round Rock and
Simon Property Group (Texas), L.P. The right -of -way to be dedicated shall be in
accordance with the metes and bounds description shown in Exhibit "C ". If said
right -of -way is not dedicated in accordance with this section, the zoning applicable to
Parcel 1 shall automatically revert back to the zoning classification applicable to Parcel 1
immediately prior to the effective date of the ordinance to which this agreement is an
exhibit.
If the owner of Parcel 1 has not both (i) dedicated right -of -way for the widening of
Chandler Road in the area shown on Exhibit "H" attached hereto, and (ii) granted to
the City a wastewater line easement in the area shown on Exhibit "H" attached hereto,
within six (6) months after the date of this ordinance, then the zoning applicable to
Parcel 1 shall automatically revert back to the zoning classification applicable to Parcel 1
immediately prior to the effective date of this ordinance.
Further, Owner shall construct, or cause to be constructed, at least two lanes of
Oakmont Drive within the right -of -way described above, along with associated
roadway improvements, including a pro -rated share of costs of construction of the
traffic signal at the intersection of Oakmont Drive and Chandler Road, when and if said
signal is required. Owner shall also pay a pro -rated share of the traffic signal at the
intersection of Chandler Road and the driveway to Parcel 1. This payment shall be
made to the City within thirty (30) days of a receipt of a written request from the City
that warrants have been met justifying the construction of said signal.
11. STREETSCAPE
The streetscape for Oakmont Drive shall be landscaped substantially in accordance with
Exhibits "F - 1" and "F - ". Street medians and streetside planting areas for Oakmont
Drive shall have a minimum of two (2) large trees and three (3) small trees for every one
hundred (100) linear feet.
Street trees for Oakmont Drive shall be irrigated by a permanent automatic irrigation
system constructed to current City standards by the Owner.
12. WATER FEATURES
The perimeter of the water feature area in Parcel 3, as identified on the Parcel Map
attached to this ordinance as Exhibit "C ", abutting the IH -35 frontage road shall have,
on average, large trees spaced a minimum of fifty (50) feet on center and one (1) small
tree spaced a minimum of thirty (30) feet on center. Additionally, pedestrian paths
(minimum of six (6) feet wide) shall be provided to connect the proposed structures
along the south side of the water feature to the walking trails and community plaza
along the eastern side.
Unless expressly approved by the Director of Planning, the design of the water features
in Parcels and 1 and 3 shall make reasonable efforts to preserve and accommodate
existing trees in the pond area.
13. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN
13.1 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 Community
Development, and the City Attorney.
13.2 Major Changes
All changes not permitted under section 13.1 above shall be resubmitted
following the same procedure required by the original PUD application;
provided, however, that nothing herein or otherwise shall require an owner of a
portion of the Property (the "Rezoning Owner ") to obtain the consent or
approval of any other owner of a portion of the Property for a change in zoning
(including amending this Agreement) as it applies to the land of the Rezoning
Owner.
14. CONCEPT PLAN APPROVED
Approval of this Agreement constitutes . Concept Plan approval under the City
Subdivision Ordinance.
15. GENERAL PLAN 2000
This Agreement amends the Round Rock General Plan 2000, which was adopted on
June 10, 1999.
CHANDLER IH 35 RETAIL, LTD.,
a Texas limited partnership
By: B &O Development G.P., L.L.C.,
A Texas limited liability company,
its general partner
B
C. Patrick Oles, Jr., President
Date: 0/4/LC 71 0205
CITY OF ROUND ROCK, TE
By:
/fie Maxwell, Mayor
A1IhST:
By:
Christine Martinez, City Secretary
LIST OF EXHIBITS
EXHIBIT DESCRIPTION
Exhibit "A" Metes and Bounds Description of Property
Exhibit "B" Lien Holder Consent
Exhibit "C" Development Parcels
Exhibit "C -1" Metes and Bounds Description of Parcel 1
Exhibit "C -2" Metes and Bounds Description of Parcel 2
Exhibit "C -3" Metes and Bounds Description of Parcel 3
Exhibit "C -4" Metes and Bounds Description of Oakmont Drive
Exhibit "D -1" Uses and Development Standards for Parcel 1
Exhibit "D -2" Uses and Development Standards for Parcel 2
Exhibit "D -3" Uses and Development Standards for Parcel 3
Exhibit "E" Reserved
Exhibit "F -1" Streetscape (Plan View)
Exhibit "F -2" Streetscape (Profile View)
Exhibit "G" Architecture
Exhibit "H" Right of Way and Easement Locations
Exhibit "I" Theater /Cinema Design and Signage
-10-
EXHIBIT A
METES AND BOUNDS DESCRIPTION OF PROPERTY
50.154 ACRES
SCOTT & WHITE TRACT
IH -35 & CHANDLER ROAD
DESCRIPTION
FN. NO. 05- 116(CAG)
FEBRUARY 18, 2005
BPI JOB NO. 392 -37
OF A 50.154 ACRE TRACT OF LAND OUT OF THE EPHRAIM EVANS SURVEY,
ABSTRACT NO. 212, SITUATED IN WILLIAMSON COUNTY, TEXAS BEING ALL
OF LOT 1, BLOCK A, FIRST LIMITED ADDITION, A SUBDIVISION OF
RECORD IN CABINET 0, SLIDES 22 -23 OF THE PLAT RECORDS OF
WILLIAMSON COUNTY, TEXAS, AND ALSO BEING A PORTION OF THAT
CERTAIN 74.590 ACRE TRACT OF LAND CONVEYED TO SCOTT & WHITE
MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY FOUNDATION BY
DEED OF RECORD IN DOCUMENT NO. 9733254 OF THE OFFICIAL RECORDS
OF WILLIAMSON COUNTY, TEXAS; SAID 50.154 ACRES BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING, at a 1/2 inch iron rod found in the easterly right -
of -way line of Interstate Highway 35 (R.O.W. varies), being the
southwesterly' corner of that certain 132.28 acre tract of land
conveyed to ANC -Round Rock Assets II, LP by deed of record in
Document No. 2001001644 of the Official Public Records of
Williamson County, Texas, same being the northwesterly corner of
said 74.590 acre tract and hereof;
THENCE, 869 °15'57 "E, leaving the easterly line of Interstate
Highway 35, along a portion of the northerly line of said 74.590
acre tract, being in part the southerly line of said 132.28 acre
tract and in part a portion of the westerly line of that certain
107.44 acre tract of land conveyed to NNP- Teravista by deed of
record in Document No. 2001001639 of said Official Public
Records, for the northerly line hereof, passing at a distance of
1548.87 feet a 1/2 inch iron rod with cap found for the
southeasterly corner of said 132.28 acre tract, being an angle
point in the westerly line of said 107.44 acre tract, and
continuing for a total distance of 1609.98 feet to a 1/2 inch
iron rod with cap set in the curving easterly right -of -way line
of future Oakmont Drive (100' R.O.W.) for the northeasterly
corner hereof, from which a 1/2 inch iron rod found, being the
northeasterly corner of said 74.590 acre tract, same being an
angle point in the westerly line of said 107.44 acre tract bears
N69 °15'57 "E, a distance of 1514.38 feet;
THENCE, leaving the westerly line of said 107.44 acre tract,
over and across said 74.590 acre tract, along the easterly
right -of -way line of future Oakmont Drive for the easterly line
hereof, the following three (3) courses and distances:
1) Along a non - tangent curve to the left having a radius of
2200.00 feet, a central angle of 23 °28'12 ", an arc length
of 901.18 feet, and a chord which bears S08 °58'06 "E, a
distance of 894.89 feet to a 1/2 inch iron rod with cap set
for the point of tangency;
FN 05- 116(CAG)
FEBRUARY 18, 2005
PAGE 2 OF 2
2) 520 °42'11 "E, a distance of 436.20 feet to a 1/2 inch iron
rod with cap set for an angle point;
3) S65 °42'54 "E, along a right -of -way cutback at the
intersection of future Oakmont Drive and Chandler Road
(R.O.W. varies), a distance of 35.35 feet to a 1/2 inch
iron rod with cap set for the southeasterly corner hereof,
being in the northerly right -of -way line of Chandler Road
and the southerly line of said 74.590 acre tract from which
a 1/2 inch iron rod found in the northerly right -of -way
line of Chandler Road, being the southeasterly corner of
said 74.590 acre tract, same being the southwesterly corner
of said 107.44 acre tract bears N69 °17'01 "E, a distance of
1575.90 feet;
THENCE, along the northerly right -of -way line of Chandler Road,
being the southerly and a portion of the westerly line of said
74.590 acre tract, for a portion of the southerly line hereof,
the following two (2) courses and distances:
1) 569 °17'01 "W, a distance of 763.18 feet to a cotton gin
spindle found for the southwesterly corner of said 74.590
acre tract for an angle point hereof;
2) N20 °43'37 "W, a distance of 20.06 feet to a 1/2 inch iron rod
found for an angle point hereof, being the southeasterly
corner of said Lot 1;
THENCE, S69 °17'30 "W, leaving the westerly line of said 74.590
acre tract, continuing along the northerly right -of -way line of
Chandler Road, being the southerly line of said Lot 1 for a
portion of the southerly line hereof, a distance of 934.24 feet
to a 1/2 inch iron rod with cap found for the southwesterly
corner of said Lot 1 and hereof, being in the easterly right -of-
way line of Interstate Highway 35;
THENCE, leaving the northerly right -of -way line of Chandler
Road, along the easterly right -of -way line of Interstate Highway
35, being the westerly line of said Lot 1 and a portion of the
westerly line of said 74.590 acre tract for the westerly line
hereof, the following three (3) courses and distances:
1) N22 °52'19 "W, a distance of 330.08 feet to a concrete highway
monument found at the point of curvature of a curve to the
right;
2) Along said curve to the right having a radius of 1095.90
feet, a central angle of 20 °51'40 ", an arc distance of
399.01 feet and a chord which bears N12 °29'06 "W, a distance
of 396.81 feet to a concrete highway monument found for the
end of said curve;
FN 05- 116(CAG)
FEBRUARY 18, 2005
PAGE 3 OF 3
3) NO2 ° 04'48 "W, a distance of 626.96 feet to the POINT OF
BEGINNING, containing an area of 50.154 acres (2,184,720
square feet) of land, more or less, within these metes and
bounds.
BEARING BASIS: REFERENCED TO THE TEXAS STATE PLANE COORDINATE
SYSTEM, CENTRAL ZONE BASED ON PUBLISHED NAD 83/93 HARN VALUES
FOR THE CITY OF GEORGETOWN MONUMENTATION NETWORK.
I, JOHN T. BILNOSKI, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO
HERESY CERTIFY THAT THE PROPERTY DESCRIBED HEREIN WAS DETERMINED
BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND
SUPERVISION. A SURVEY EXHIBIT WAS PREPARED TO ACCOMPANY THIS
DESCRIPTION.
BURY & PARTNERS, INC.
ENGINEERS AND SURVEYORS
3345 BEE CAVES ROAD, SUITE 200
AUSTIN, TEXAS 78746
JOHN T BILNOSKI
R.P.L.. #4998
STATE •F TEXAS
No.
Beorinq
Dislonce
L1
S20 "42 11 "E
436.20'
L2
S65'42'54 "E
35.35'
L3
N20'43'37 "W
20.06'
L4
N22'52'19 "W
330.08'
L5
NO2'04'48 "W
626.96'
L6
N69'15'57 "E
1514.38'
L7
N69'17'01 "E
1575.90'
LOT 1, BLOCK A
FIRST LIMITED ADDITION
CAB. 0, SLD. 22 -23
SCOTT, SHERWOOD AND
BRINDLEY FOUNDATION
DOC. NO. 9700732
LEGEND
VICINITY MAP
N.T.S. 132.28 ACRES ANC —ROUND ROCK ASSETS 11, LP
DOC. N0. 2001001644
N6915'57 "E 1609.98'
DEO LINE
569'17'30 "W 934.24'
CHANDLER ROAD
BARSHOP & OLES
1) Bury +Partners
Consulting Engineers and Surveyors
1.,11",Tem Tel 112/226 -10I hr 612/621 -0.926
I,,rH.4e<,. W. aopplibt N1l
DA TE: 02/18/05 FILE: H; \392 \37\
0 150 300 600
SCALE: 1"= 300'
No.
01
C2
Dello
23'28'12"
20'51'40"
Rodius
2200.00
1095.90
Arc Length
901.18
399.01
Chord Length
894.89
396.81
Chord Beorina
508'58'06 "E
N12'29'06 "W
39237Ea18.dwg
1548.
CURVE TABLE
RDERS MEMORANDUM /
A11 1
q1' parts of the teat on this page was not / ^
clea>jI Ieglble for sesi11ffeter7 reeerdatien:
/ 3
50.154 ACRES /
(2184, 720 SO. FT) 1 0
74.590 ACRES
SCOT( ck WHITE
MEMORIAL HOSPITAL
AND SCOTT, 1
SHERWOOD AND 1
• BRINDLEY
• FOUNDATION
DOC. NO. 9733254
MCNEIL CONSUMER
• 1/2" IRON ROD FOUND (UNLESS NOTED) PRODUCTS CO.
O 1/2" IRON ROD SET WITH CAP VOL. 657, PG. 659
■ CONCRETE MONUMENT FOUND
P.O.B. POINT OF BEGINNING
0
IV
LOT 1
OAKMONT
CENTRE
SEC. 2 O
LINE TABLE
(R.O.W. VARIES)
PROVIDENT
DEV, CO.
07/44 ACRES
NNH —TERA V ISTA
/DOC. NO.
20010/163
LOT 1
OAKMONT
CENTRE
SEC. 4
SKETCH TO ACCOMPANY DESCRIPTION
OF 50.154 ACRES OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT N0. 212,
SITUATED IN WILLIAMSON COUNTY, TEXAS BEING A PORTION OF THAT CERTAIN 74.590 ACRE
TRACT OF LAND CONVEYED TO SCOTT AND WHITE MEMORIAL HOSPITAL AND SCOTT,
SHERWOOD AND BRINDLEY FOUNDATION BY DEED OF RECORD IN DOCUMENT N0. 9733254 OF
THE OFFICIAL PUBUC RECORDS OF WILLIAMSON COUNTY, TEXAS, AND ALL OF LOT 1, BLOCK
A, FIRST LIMITED ADDITION. A SUBDIVISION OF RECORD IN CABINET 0, SLIDES 22 -23 OF THE
PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS
FN No.:05- 116(CAG) DRAWN BY:CAG PROJ. No: 392 -37
THE STATE OF TEXAS
COUNTY OF WILLIAMSON §
EXHIBIT B
LIEN HOLDER CONSENT
§
That JPMorgan Chase Bank, N.A., acting herein by and through its duly authorized officers,
being the holder of a lien as evidenced by Deed of Trust recorded or to be recorded in the Official
Records of Williamson County, Texas, does hereby consent to the Agreement and Development Plan of
37.153 acres of land situated in Round Rock, Williamson County, Texas, and does further hereby join,
approve and consent to all provisions shown therein.
STATE OF TEXAS
COUNTY OF TRAVIS
JPMorgan Chase ank, N.A.
By: Gr.
Name: �?i9•/
Title: .«c `C? A -lam -zrr
This instrument was acknowledged before me on the g a- day of e- , 2005
by i■n S T. 5tz .'- - - �C i ooe ,A- of JPMorgan Chase Bank, • N.A., a
national banking association, on behalf of said national banlang association.
/ /
Notary Pu. ic, State of Texas
Commission Expires:
EXHIBIT C
DEVELOPMENT PARCELS
5
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i
a
1e 0
.
�eiNket emu +' 1 n l � % � I
er rr MOW :Doe crow - an.
MAY creel
/ / l Y
/
// / 1
4
P
695E
di,
_ _ _
1 - -
ki
y
Al10Y
7---
PARCEL 2 1
aura ACRES 1
(220,254 50 Fr) /
-.
9
!
/
/ -
/
/
i �
\
(S
I li \ �
IY� 1 \
PARCEL .
1 8369 ACR
(290.859 90 1
.-___
PARCEL 1
35.09B ACRES
(1.528,877 50. FT.)
.. ' o
1
1 _ .
@E
1 j
1
7.8 uraa Aran
I g
1 @ B-
1 6 -- -. '
� A
\
SCALE: I" = 300' ''% \�
" �� ---"-._„
1) Bury +Partners
E N G I N E E R I N G 5 T I G N 5
3945 Bee Caves Road, Suite 200
Austin, Texas 78740
Tel. (512)320 -0011 Par (512)528 -0325
Burp-Partners. Inc. CCapyrldbt 2005
CHANDLER /I -35 RETAIL, LTD.
PUD #59
DEVELOPMENT PARCELS
EXHIBIT C
BARSHOP & OLES
DATE: 02/23/05 I SCALE: 1 " = 1 '
DRAWN 83: 5PM I FILE: 0: \392 \37 \39237E00112
PROJECT Nc, 392 -37.10
EXHIBIT C -1
METES AND BOUNDS DESCRIPTION OF PARCEL 1
35.098 ACRES .
SCOTT & WHITE TRACT
BARSHOP & OLES
DESCRIPTION
FN. NO. 05- 083(CAG)
FEBRUARY 5, 2005
BPI JOB NO. 392 -37
OF A 35.098 ACRE TRACT OF LAND OUT OF THE EPHRAIM EVANS SURVEY,
ABSTRACT NO. 212, SITUATED IN WILLIAMSON COUNTY, TEXAS, BEING A
PORTION OF THAT CERTAIN 74.590 ACRE TRACT OF LAND CONVEYED TO
SCOTT & WHITE MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY
FOUNDATION BY DEED OF RECORD IN DOCUMENT N0. 9733254 OF THE
OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND A PORTION OF
LOT 1, BLOCK A, FIRST LIMITED ADDITION, A SUBDIVISION OF RECORD
IN CABINET 0, SLIDES 22 -23 OF THE PLAT RECORDS OF WILLIAMSON
COUNTY, TEXAS; SAID 35.098 ACRES BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING, at a 1/2 inch iron rod found at the intersection of
the easterly right -of -way line of Interstate Highway 35 (R.O.w.
varies) and the northerly right -of -way line of Chandler Road
(R.O.W. varies), being the southwesterly corner of said Lot 1
and hereof;
THENCE, leaving the northerly right -of -way line of Chandler
Road, along the easterly line of Interstate Highway 35, being a
portion of the westerly line of said Lot 1, for a portion of the
westerly line hereof, the following two (2) courses and
distances:
1) N22 °52'19 "W, a distance of 330.08 feet to a concrete highway
monument found, being the point of curvature of a curve to
the right;
2) Along said curve to the right having a radius of 1095.90
feet, a central angle of 20 °18'17 ", an arc distance of
388.37 feet and a chord which bears N12 °45'48 "W, a distance
of 386.34 feet to a 1/2 inch iron rod with cap set for the
point of curvature of a non - tangent curve to the left, from
which a concrete highway monument found for the end of said
curve in the easterly line of Interstate Highway 35 bears
with the arc of said curve NO2 °19'58 "W, a chord distance of
10.64 feet;
FN 05- 083(CAG)
FEBRUARY 5, 2005
Page 2 of 4
THENCE, leaving the easterly right -of -way line of Interstate
Highway 35, over and across said Lot 1, and over and across said
74.590 acre tract, for the northerly line hereof, the following
nine (9) courses and distances:
1) Along said non - tangent curve to the left having a radius of
1274.94 feet, a central angle of 16 °53'49', an arc length of
375.99 feet and a chord which bears N74 °20'15 "E, a distance
of 374.62 feet to a 1/2 inch iron rod with cap set for the
end of said curve;
2) N20 °43'21 "W, a distance of 2.86 feet to a 1/2 inch iron rod
with cap set for the point of curvature of a curve to the
right;
3) Along said curve to the right having a radius of 430.00 feet,
a central angle of 60 °13'28 ", an arc length of 451.98 feet,
and a chord which bears N09 °23'23 "E, a distance of 431.46
feet to a 1/2 inch iron rod with cap set for the point of
curvature of a reverse curve to the left;
4) Along said reverse curve to the left having a radius of
770.00 feet, a central angle of 26 °45'31 ", an arc, length of
359.61 feet, and a chord which bears N26 °07'22 "E, a distance
of 356.35 feet to a 1/2 inch iron rod with cap set for the
end of said curve;
5) S80 °00'18 "E, a distance of 182.14 feet to a 1/2 inch iron rod
with cap set for the point of curvature of a curve to the
right;
6) Along said curve to the right having a radius of 260.25 feet,
a central angle of 27 °15'46 ", an arc length of 123.83 feet,
and a chord which bears S66 °22'25 "E, a distance of 122.67
feet to a 1/2 inch iron rod with cap set for the point of
tangency;
7) 552 °44'31 "E, a distance of 153.59 feet to a 1/2 inch iron rod
with cap set for an angle point;
8) 674 °43'22 "E, a distance of 33.11 feet to a 1/2 inch iron rod
with cap set for an angle point;
FN 05- 083(CAG)
FEBRUARY 5, 2005
Page 3 of 4
9) N83 °17'48 "E, a distance of 382.83 feet to a 1/2 inch iron rod
with cap set for the point of curvature of a non - tangent
curve to the left, being in the westerly right -of -way line of
future Oakmont Drive (100' R.O.W.);
THENCE, continuing over and across said 74.590 acre tract, along
the westerly right -of -way line of future Oakmont Drive for the
easterly line hereof, the following two (2) courses and distances:
1) Along said non - tangent curve to the left, having a radius of
2300.00 feet, a central angle of 10 °57'26 ", an arc length of
439.86 feet, and a chord which bears S15 °13'28 "E, a distance
of 439.19 feet to a 1/2 inch iron rod with cap set for the
point of tangency;
2) S20 °42'11 "E, a distance of 436.23 feet to a 1/2 inch iron
rod with cap set for an angle point in the westerly line
hereof;
THENCE, S24 °17'06 "W, along a right -of -way cutback at the
intersection of future Oakmont Drive and Chandler Road, a
distance of 35.36 feet to a 1/2 inch iron rod with cap set for
the southeasterly corner hereof, being in the northerly right -of-
way line of Chandler Road, from which a 1/2 inch iron rod found
for the common southerly corner of said 74.590 acre tract and
that certain 107.44 acre tract of land conveyed to NNP- Teravista
LP by deed of record in Document No. 2001001639 of the Official
Public Records of Williamson County, Texas bears N69 °17'01 "E, a
distance of 1725.90 feet;
THENCE, along the northerly line of Chandler Road, being the
southerly and a portion of the westerly line of said 74.590 acre
tract, for a portion of the southerly line hereof, the following
two (2) courses and distances:
1) S69 °17'01 "W, a distance of 613.18 feet to a cotton gin
spindle found for an angle point;
2) N20 °43'37 "W, a distance of 20.06 feet to a 1/2 inch iron rod
found, being the southeasterly corner of said Lot 1;
FN 05- 083(CAG)
FEBRUARY 5, 2005
Page 4 of 4
THENCE, 569 °17'30 "W, leaving the westerly line of said 74.590
acre tract, continuing along the northerly line of Chandler
Road, being the southerly line of said Lot 1 for a portion of
the southerly line hereof, a distance of 934.24 feet to the
POINT OF BEGINNING, containing an area of 35.098 acres (1,528,877
sq. ft.) of land, more or less, within these metes and bounds.
BEARING BASIS: REFERENCED TO THE TEXAS STATE PLANE COORDINATE
SYSTEM, CENTRAL ZONE BASED ON PUBLISHED NAD 83/93 HARN VALUES
FOR THE CITY OF GEORGETOWN MONUMENTATION NETWORK
BURY +PARTNERS, INC.
ENGINEERS - SURVEYORS
3345 BEE CAVE ROAD
SUITE 200
AUSTIN, TEXAS 78746
JOHN BILNOSKI, R
NO. 4'98
STATE OF TEXAS
No,
Beorina
Distonce
L7
S20'4211 E
436.23'
L8
S24'17'06 "W
35.36'
L9
S69'17'01 "W
613.18'
L10
N20'43'37 "W
20.06'
L11
N6917'01 "E
1725.90
C7
P.O.B.
VICINITY MAP
N. T. S.
132.28 ACRES ANC —ROUND ROCK ASSETS 11, LP
DOC. NO. 2001001644 DEED LINE
0E • /NE
35.098 ACRES
(1,528,877 SQ. FT.)
— L2
LOT 1 , BLOCK A
FIRST LIMITED ADDITION
CAS. 0, SLD. 22 -23
SCOTT, SHERWOOD AND
BRINDLEY FOUNDATION
DOC. NO. 9700732
DATE: 02 /08/05
CHANDLER ROAD L10
UNE TABLE
No.
L1
L2
L3
L4
L5
L6
Bearing
1422'52'19 "W
N20'43'21 "W
S80'00'18 "E
S52'44'31 "E
S74'43'22 "E
148317'48 "E
Distance
330.08'
2.86'
182.14'
153.59'
33.11'
382.83'
No.
C1
C2
C3
C4
C5
C6
C7
Delta
20'18'17"
16'53'49"
60'13'28"
26'45'31"
27'15'46"
10'57'26"
00'33'23"
Rodius
1095.90
1274.94
430.00
770.00
260.25
2300.00
1095.90
Arc Length
388.37
375.99
451.98
359.61
123.83
439.86
10.64
Chord Length
386.34
374.62
431.46
356.35
122.67
439.19
10.64
Chord Bearing
1412'45'48 "W
N74'20'15 "E
N09'23'23 "E
N26'07'22 "E
S66'22'25 "E
S15'13'28' E
NO2'19 "W
W
0
74.590 ACRES
SCOTT & WHITE
MEMORIAL HOSPITAL
AND SCOTT,
SHERWOOD AND
BRINDLEY
FOUNDATION ti
DOC. NO. 9733254
RECORDERS MEMORANDUM
All or part of the text on this page was not
clearly legible for satisfactory recor a ion.
¢ I
at
S69'17'30 "W 934.24' 7) L11
COTTON SPINDLE (R.O.W. VARIES)
MCNEIL CONSUMER
0 150 300 600 PRODUCTS CO.
SCALE: 1 "_ 300' VOL. 657, PG. 659
BARSHOP & OLES
1) Bury+ Partners
Consulting Engineers and Surveyors
6wtlq}eau TN 612/a26-0611 r.. 612/188- 26
rwrw."a"a I... ahprb14 n64
CURVE T
C6
1I
UNE TABLE
/ 107 44 ACRES
NN/ TERAVISTA
DOC. NO.
/ /20010f71 f;39
/ /
/
/
/ 3 /
O
Q:
o r
c
U
LEGEND
t 1 • 1/2" IRON ROD
CC 1 FOUND (UNLESS NOTED;
0 1/2" IRON ROD
SET WITH CAP
O 1 • CONCRETE MONUMENT
FOUND
P.O.B. POINT OF BEGINNING
O I
LOT 1 0
OAKMONT O PROVIDEN'
CENTRE DEV. CO.
SEC. 2 I O
LOT I
OAKMONT
CENTRE
SEC. 4
SKETCH TO ACCOMPANY DESCRIPTION
OF 35.098 ACRES OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT 140. 212.
SITUATED 114 WILLIAMSON COUNTY. TEXAS BEING A PORTION OF THAT CERTAIN 74.590 ACRE
TRACT OF LAND CONVEYED TO SCOTT AND WHITE MEMORIAL HOSPITAL AND SCOTT,
SHERWOOD AND BRINDLEY FOUNDATION BY DEED OF RECORD IN DOCUMENT N0. 9733254 OF
THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY. TEXAS, AND A PORTION OF LOT 1,
BLOCK A, FIRST LIMITED ADDITION, A SUBDIVISION OF RECORD IN CABINET 0. SLIDES 22 -23
OF THE PLAT RECORDS OF WILLIAMSON COUNTY. TEXAS
'FILE: H: \392 \37 \39237EX7.dwg IFN No.: 05— 083(CAC) (DRAWN BY: CAC IPROJ. No: 392 -37
EXHIBIT C -2
METES AND BOUNDS DESCRIPTION OF PARCEL 2
5.148 ACRES
SCOTT & WHITE TRACT
BARSHOP & OLES
DESCRIPTION
FN NO. 05 -075 (CAG)
FEBRUARY 2, 2005
BPI JOB NO. 392 -37
OF 5.148 ACRES OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT
N0. 212, SITUATED IN WILLIAMSON COUNTY, TEXAS BEING A PORTION OF
THAT CERTAIN 74.590 ACRE TRACT OF LAND CONVEYED TO SCOTT AND WHITE
MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY FOUNDATION BY
DEED OF RECORD IN DOCUMENT NO. 9733254 OF THE OFFICIAL PUBLIC
RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 5.148 ACRES OF LAND
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING at a 1/2 inch iron rod found in the easterly right -of-
way line of Interstate Highway 35 (R.O.W. varies), being the
southwesterly corner of that certain 132.28 acre tract of land
conveyed to ANC -Round Rock Assets II, LP by deed of record in
Document No. 2001001644 of the Official Public Records of
Williamson County, Texas, same being the northwesterly corner of
said 74.590 acre tract;
THENCE, N69 °15'57 "E, leaving the easterly line of Interstate
Highway 35, along the southerly line of said 132.28 acre tract,
being a portion of the northerly line of said 74.590 acre tract a
distance of 657.06 feet to a 1/2 inch iron rod with cap set for the
POINT OF BEGINNING, being the northwesterly corner hereof;
THENCE, N69 °15'57 "E, continuing along the southerly line of said
132.28 acre tract, being a portion of the northerly line of said
74.590 acre tract, for the northerly line hereof, a distance of
844.33 feet to a 1/2 inch iron rod with cap set for the point of
curvature of a non - tangent curve to the left, being in the westerly
right -of -way line of future Oakmont Drive (100' R.O.W.), for the
northeasterly corner hereof, from which a 1/2 inch iron rod with
cap found in the northerly line of said 74.590 acre tract, being
the common southerly corner of said 132.28 acre tract and that
certain 107.44 acre tract of land conveyed to NNP- Teravista by deed
of record in Document No. 2001001639 of said Official Public
Records, bears N69 °15'57 "E, distance of 47.49 feet
THENCE, leaving the southerly line of said 132.28 acre tract, over
and across said 74.590 acre tract, along the westerly right -of -way
line of future Oakmont Drive, along said non - tangent curve to the
left having a radius of 2300.00 feet, a central angle of
11 °26'01 ", an arc length of 458.98 feet, and a chord which bears
SO4 °01'44 "E, a distance of 458.22 feet to a 1/2 inch iron rod with
cap set for the southeasterly corner hereof;
FN 05- 075(CAG)
FEBRUARY 2, 2005
PAGE 2 OF 2
THENCE, leaving the westerly right -of -way line of Future Oakmont
Drive, continuing over and across said 74.590 acre tract along the
southerly and westerly lines hereof, the following six (6) courses
and distances:
1) S83 °17'48 "W, a distance of 382.83 feet to a 1/2 inch iron rod
with cap set for an angle point;
2) N74 °43'22 "W, a distance of 33.11 feet to a 1/2 inch iron rod
set for the southwesterly corner hereof;
3) N52 °44'31 "W, a distance of 153.59 feet to 1/2 inch iron rod
with cap set for the point of curvature of a curve to the
left;
4) Along said curve to the left having a radius of 260.25 feet,
a central angle of 27 °15'46 ", an arc length of 123.83 feet,
and a chord which bears N66 °22'25 "W, a distance of 122.67
feet to a 1/2 inch iron rod with cap set for the point of
tangency;
5) N80 °00'18 "W, a distance of 182.14 feet to a 1/2 inch iron rod
with cap set for the point of curvature of a non - tangent
curve to the left;
6) Along said non - tangent curve to the left having a radius of
770.00 feet, a central angle of 01°32'57", an arc length of
20.82 feet, and a chord which bears N11 °58'08 "E, a distance
of 20.82 feet to the POINT OF BEGINNING containing an area of
5.148 acres (224,254 sq. ft.) of land, more or less, within
these metes and bounds.
BEARING BASIS: REFERENCED TO THE TEXAS STATE PLANE COORDINATE
SYSTEM, CENTRAL ZONE BASED ON PUBLISHED NAD 83/93 HARN VALUES FOR
THE CITY OF GEORGETOWN MONUMENTATION NETWORK.
BURY & PARTNERS, INC.
ENGINEERS - SURVEYORS
3345 BEE CAVE ROAD, SUITE 200
AUSTIN, TEXAS 78746
JOHN T BILNOSKI
R.P.L... NO. 4998
STATE OF TEXAS
DATE
No.
Delto
Radius
Arc Length
Chord Length
Chord Bearing
C1
11'26'01"
2300.00
458.98
458.22
504'01'44 "E
C2
2715'46"
260.25
123.83
122.67
N66'22'25 "W
C3
01'32'57"
770.00
20,82
20.82
N11'58'08 "E
No.
Bearing
Distonce
L1
S83'17 48 "W
382.83'
L2
N74'43'22 "W
33.11'
L3
N52'44'31 "W
153.59'
L4
N80'00'18 "W
182.14'
L5
N6915'57 "E
47.49'
E0:0 D
VICINITY MAP
N.T.S.
N69'15'S7 "E 657.06'
P.O.C.
z
LOT 1, BLOCK A
FIRST LIMITED ADDITION
CAB. 0, SLD. 22 -23
SCOTT, SHERWOOD AND
BRINDLEY FOUNDATION
DOC. NO. 9700732
CHANDLER ROAD
BARSHOP AND OLES
h Bury + Partners
Consulting Engineers and Surveyors
iwuaTww Tel 5lE/8elFrrl l rn 512/525 -65
r.uNhese ,, he. aCogript nn
LINE TABLE
132.23 ACRES ANC —ROUND ROCK ASSETS 11, LP 10744 ACRES
DOC. NO. 2001001644 / NNF/- TERAVISTA
P.O.B. /Doc. No.
N69"15'57 "E 844,33' / ,2001001639
(224, 254 SQ. FT,)
CURVE TABLE
5.148 ACRES
L1
74.590 ACRES
SCOTT & WHITE
MEMORIAL HOSPITAL
AND SCOTT,
SHERWOOD AND
BRINDLEY
FOUNDATION
DOC. NO. 9733254
• 1/2" IRON ROD FOUND (UNLESS NOTED) MCNEIL CONSUMER
O 1/2" IRON ROD SET WITH CAP PRODUCTS CO.
P.0.C. POINT or COMMENCEMENT VOL. 657, PG. 659
P,0.8. POINT OF BEGINNING
DATE:02 /04/05 'FILE: H: \392 \37 \39237EX13.dwg IFN No.:05- 075(CAG)
MI NM
0 150 300 600
SCALE: 1 "= 300'
LOT 1
OAKMONT
CENTRE
SEC. 2
L5
/
g PROVIDENT
DEV. co.
0
LOT 1
oAKMONT
CENTRE
SEC. 4
SKETCH TO ACCOMPANY DESCRIPTION
OF 5.148 ACRES OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO, 212,
SITUATED IN WILUAMSON COUNTY, TEXAS BEING A PORTION OF THAT CERTAIN 74.590 ACRE
TRACT OF LAND CONVEYED TO SCOTT AND WHITE MEMORIAL HOSPITAL AND SCOTT,
SHERWOOD AND BRINDLEY FOUNDATION BY DEED OF RECORD 114 DOCUMENT -NO. 9733254 OF
THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS
DRAWN BY: CAC IPROJ. No 392 -37
EXHIBIT C -3
METES AND BOUNDS DESCRIPTION OF PARCEL 3
6.769 ACRES
SCOTT & WHITE TRACT
BARSHOP & OLES
DESCRIPTION
FN NO. 05 -074 (CAG)
FEBRUARY 2, 2005
BPI JOB NO. 392 -37
OF 6.769 ACRES OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT
NO. 212, SITUATED IN WILLIAMSON COUNTY, TEXAS BEING A PORTION OF
THAT CERTAIN 74.590 ACRE TRACT OF LAND CONVEYED TO SCOTT AND WHITE
MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY FOUNDATION BY
DEED OF RECORD IN DOCUMENT NO. 9733254 OF THE OFFICIAL PUBLIC
RECORDS OF WILLIAMSON COUNTY, TEXAS; AND A PORTION OF LOT 1, BLOCK
A, FIRST LIMITED ADDITION, A SUBDIVISION OF RECORD IN CABINET 0,
SLIDES 22 -23 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID
6.769 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING, at a 1/2 inch iron rod found in the easterly right -of-
way line of Interstate Highway 35 (R.O.W. varies), being the
southwesterly corner of that certain 132.28 acre tract of land
conveyed to ANC -Round Rock Assets II, LP by deed of record in
Document No. 2001001644 of the Official Public Records of
Williamson County, Texas, same being the northwesterly corner of
said 74.590 acre tract and hereof;
THENCE, N69 °15'57 "E, leaving the easterly line of Interstate
Highway 35, along the southerly line of said 132.28 acre tract,
being a portion of the northerly line of said 74.590 acre tract,
for the northerly line hereof, a distance of 657.06 to a 1/2 inch
iron rod with cap set for the point of curvature of a non - tangent
curve to the right, being the northeasterly corner hereof, from
which a 1/2 inch iron rod with cap found in the northerly line of
said 74.590 acre tract, being the common southerly corner of said
132.28 acre tract and that certain 107.44 acre tract of land
conveyed to NNP- Teravista by deed of record in Document No.
2001001639 of said Official Public Records, bears N69 °15'57 "E,
distance of 891.82 feet
THENCE, leaving the southerly line of said 132.28 acre tract, over
and across said 74.590 acre tract and over and across said Lot 1,
along the irregular southerly line hereof, the following four (4)
courses and distances:
1) Along said non - tangent curve to the right having a radius of
770.00 feet, a central angle of 28 °18'28 ", an arc length of
380.43 feet, and a chord which bears S25 °20'53 "W, a distance
of 376.57 feet to a 1/2 inch iron rod with cap set for the
point of curvature of a reverse curve to the left;
2) Along said reverse curve to the left having a radius of
430.00 feet, a central angle of 60 °13'28 ", an arc length of
451.98 feet, and a chord which bears S09 °23'23 "W, a distance
of 431.46 feet to a 1/2 inch iron rod with cap set for the
point of tangency;
FN 05- 074(CAG)
FEBRUARY 2, 2005
PAGE 2 OF 2
3) S20 °43'21 "E, a distance of 2.86 feet to a 1/2 inch iron rod
with cap set for the point of curvature of a non - tangent
curve to the right;
4) Along said non - tangent curve to the right having a radius of
1274.94 feet, a central angle of 16 °53'49', an arc length of
375.99 feet and a chord which bears S74 °20'15 "W, a distance
of 374.62 feet to a 1/2 inch iron rod with cap set in the
curving easterly right -of -way line of Interstate Highway 35
for the point of curvature of a non - tangent curve to the
right, from which a concrete highway monument found in the
easterly right -of -way line of Interstate Highway 35 bears
with the arc of a curve S12 °45'48 "E, a chord distance of
386.34 feet;
THENCE, along the easterly line of Interstate Highway 35, being the
westerly line of said Lot 1 and a portion of the westerly line of
said 74.590 acre tract, for the westerly line hereof, the following
two (2) courses and distances:
1) Along said curve to the right having a radius of 1095.90
feet, a central angle of 00 °33'23 ", an arc length of 10.64
feet, and a chord which bears NO2 °19'58 "W, a distance of
10.64 feet to a concrete highway monument found for the end
of said curve;
2) NO2 °04'48 "W, a distance of 626.96 feet to the POINT OF
BEGINNING containing an area of 6.769 acres (294,844 sq. ft.)
of land, more or less, within these metes and bounds.
BEARING BASIS: REFERENCED TO THE TEXAS STATE PLANE COORDINATE
SYSTEM, CENTRAL ZONE BASED ON PUBLISHED NAD 83/93 HARN VALUES FOR
THE CITY OF GEORGETOWN MONUMENTATION NETWORK.
BURY & PARTNERS, INC.
ENGINEERS - SURVEYORS
3345 BEE CAVE ROAD, SUITE 200
AUSTIN, TEXAS 78746
JOHN T. :ILNOSKI
R.P.L.S. NO. 4998
STATE OF TEXAS
No.
Dello
Radius
Arc Lenalh
Chord Length
Chord Beorinq
C1
2818'28"
770.00
380.
376.57
525'20'53 "W
C2
6013'28"
430.00
451.98
431.46
509'23'23 "W
C3
16'53'49"
1274.94
375.99
374.62
574'20'15 "W
C4
00'33'23"
1095.90
10,64
10.64
NO219'58 "W
C5
20'18'17"
1095.90
388.37
386.34
S12'45'48 "E
No.
Beorinct
Distance
L1
N6915 57 "E
657.06'
L2
S20'43'21 "E
2.86'
L3
NO2'04'48 "W
626.96'
VICINITY MAP
N.T.S
E. gy
P.O.B. Li
6 J69 ACRI
Z (294, 844 SO.
^ M
i Q J
•
C4
•
•
0
P.O.B.
C3
L2
LOT 1 , BLOCK A
FIRST LIMITED ADDITION
CAB. 0, SLD. 22 -23
SCOTT, SHERWOOD AND
SRINDLEY FOUNDATION
DOC. NO. 9700732
LEGEND
CHANDLER ROAD
BARSHOP AND OLES
1+ Bur Partners
Consul ng Engineers sod Surveyors
leean,hm Tel 1111991-0011 Fn E12/26 -0316
OunOoteme. k. okorlsFI 1101
DA TE: 02 /04/05 [FILE: H: \392 \37 \39237EX14.dwg
UNE TABLE
CURVE TABLE
132,28 ACRES ANC —ROUND ROCK ASSETS 11, LP
DOC. NO. 2001001644
/
RECORDERS MEMORANDUM / / /
Ai or parts of the text on this page was oat /
c early legible for satisfactory recordation. /
1
1
/
1 I
1
74.590 ACRES
SCOTT & WHITE
MEMORIAL HOSPITAL
AND SCOTT,
SHERWOOD AND
SRINDLEY
FOUNDATION
DOC. NO. 9733254
1/2" IRON ROD FOUND (UNLESS NOTED) MCNEIL CONSUMER
1/2" IRON R00 SET WITH CAP PRODUCTS CO.
MONUMENT FOUND VOL. 657, PG. 659
POINT OF BEGINNING
0 150 300 600
SCALE: 1 "= 300'
I
0
I 0
10
I ¢
I
I
)
OAKMONT O
LOT 1 PROVIDENT
CENTRE DEV. CO.
SEC. 2 O
07.44 ACRES
/N NP/- TERAVISTA
/DOC. NO.
E001001639
LOT 1
OAKMONT
CENTRE
SEC. 4
SKETCH TO ACCOMPANY DESCRIPTION
OF 6.769 ACRES OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212,
SITUATED IN WILLIAMSON COUNTY, TEXAS BEING A PORTION OF THAT CERTAIN 74,590 ACRE
TRACT OF LAND CONVEYED TO SCOTT AND WHITE MEMORIAL HOSPITAL AND SCOTT,
SHERWOOD AND SRINDLEY FOUNDATION BY DEED OF RECORD IN DOCUMENT NO. 9733254 OF
THE OFFICIAL PUBLIC RECORDS OF VALLIAMSON COUNTY, TEXAS: AND A PORTION OF LOT 1.
BLOCK A, FIRST LIMITED ADDITION. A SUBDIVISION OF RECORD IN CABINET 0, SLIDES 22 -
OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS
IFN No,: 05- 074(CAG) IDRAWN BY: CAC IPROJ. No: 392 -37
EXHIBIT C-4
METES AND BOUNDS DESCRIPTION OF OAKMONT DRIVE
3.139 ACRES
SCOTT & WHITE TRACT
BARSHOP & OLES
DESCRIPTION
FN. NO. 05- 102(CAG)
FEBRUARY 9, 2005
BPI JOB NO. 392 -37
OF A 3.139 ACRE TRACT OF LAND OUT OF THE EPHRAIM EVANS SURVEY,
ABSTRACT NO. 212, SITUATED IN WILLIAMSON COUNTY, TEXAS BEING A
PORTION OF THAT CERTAIN 74.590 ACRE TRACT OF LAND CONVEYED TO
SCOTT & WHITE MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY
FOUNDATION BY DEED OF RECORD IN DOCUMENT NO. 9733254 OF THE
OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 3.139 ACRES
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING at a cotton gin spindle found in the northerly right -
of -way line of Chandler Road (R.O.W. varies), being the
southwesterly corner of said 74.590 acre tract, from which a 1/2
inch iron rod found in the northerly right -of -way line of
Chandler Road, being the southeasterly corner of Lot 1, Block A
First Limited Addition, a subdivision of record in Cabinet o,
Slides 22 -23 bears N20 °43'37 "W, a distance of 20.06 feet;
THENCE, N69 °17'01 "E, along the northerly right -of -way line of
Chandler Road, being a portion of the southerly line of said
74.590 acre tract, a distance of 613.18 feet to a 1/2 inch iron
rod with cap set for the POINT OF BEGINNING and the southwesterly
corner hereof;
THENCE, leaving the northerly right -of -way line of Chandler
Road, over and across said 74.59Q acre tract, for the westerly
line hereof, the following three (3) courses and distances:
1) N24 °17'06 "E, a distance of 35.36 feet to a 1/2 inch iron
rod with cap set for an angle point;
2) N20 °42'11 "W, a distance of 436.23 feet to a '/2 inch iron
rod with cap set for the point of curvature of a curve to
the right;
3
Along said curve to the right, having a radius of 2300.00
feet, a central angle of 22 °23'28 ", an arc length of 898.83
feet, and a chord which bears N09 °30'28 "W, a distance of
893.12 feet to a 1/2 inch iron rod with cap set for the
northwesterly corner hereof, being in the northerly line of
said 74.590 acre tract, same being in the southerly line of
that certain 132.28 acre tract of land conveyed to ANC -
Round Rock Assets II, LP by deed of record in Document No.
2001001644 of the Official Public Records of Williamson
County, Texas;
FN 05- 102(CAG)
FEBRUARY 9, 2005
Page 2 of 2
THENCE, N69 °15'57 "E, along a portion of the northerly line of
said 74.590 acre tract, being in part a portion of the southerly
line of said 132.28 acre tract and in part a portion of the
westerly line of that certain 107.44 acre tract of land conveyed
to NNP- Teravista LP by deed of record in Document No. 2001001639
of said Official Public Records for the northerly line hereof,
passing at a distance of 47.49 feet a 1/2 inch iron rod found
for the southeasterly corner of said 132.28 acre tract, same
being an angle point in the westerly line of said 107.44 acre
tract, and continuing for a total distance of 108.60 feet to a
1/2 inch iron rod with cap set for the northeasterly corner
hereof, being the point of curvature of a non - tangent curve to
the left;
THENCE, leaving the westerly line of said 107.44 acre tract,
over and across said 74.590 acre tract, for the easterly line
hereof, the following three (3) courses and distances;
1) Along said non - tangent curve to the left, having a radius
of 2200.00 feet, a central angle of 23 °28'12 ", an arc
length of 901.18 feet, and a chord which bears S08 °58'06 "E,
a distance of 894.89 feet to a 1/2 inch iron rod with cap
set for the point of tangency;
2) S20 °42 "E, a distance of 436.20 feet to a 1/2 inch iron
rod with cap set for an angle point;
3) S65 °42'54 "E, a distance of 35.35 feet to a 1/2 inch iron
rod with cap set for the southeasterly corner hereof, being
in the northerly right -of -way line of Chandler Road, from
which a 1/2 inch iron rod found for the common southerly
corner of said 74.590 acre tract and said 107.44 acre tract
bears N69 °17'01 "E, a distance of 1575.90 feet;
THENCE, S69 °17'01 "W, along the northerly lime of Chandler Road,
being a portion of the southerly line of said 74.590 acre tract,
for the southerly line hereof, a distance of 150.00 feet to the
POINT OF BEGINNING, containing an area of 3.139 acres (136,744
sq. ft.) of land, more or less, within these metes and bounds.
BEARING BASIS: REFERENCED TO THE TEXAS STATE PLANE COORDINATE
SYSTEM, CENTRAL ZONE BASED ON PUBLISHED NAD 83/93 HARN VALUES
FOR THE CITY OF GEORGETOWN MONUMENTATION NETWORK
BURY +PARTNERS, INC.
ENGINEERS - SURVEYORS
3345 BEE CAVE ROAD
SUITE 200
AUSTIN, TEXAS 78746
OF
�Q - ..6 \ 'To
t- * 4 p'S
JOHN . BILNOSKI, R.P.L.S.I JbHNTBILNOSKI
NO. 998
STAT OF TEXAS
9ti Pf!
'° 4998 e r � o
Q S jJ
No.
Bowing
Distance
11
N241 r 06 "E
35.36'
L2
N20 "42'11 "W
436.23'
L3
N69'15'57 "E
108.60'
L4
S20'42'11 "E
436.20'
L5
S65'42'54 "E
35.35'
L6
56917'01 "W
150.00'
L7
N20'43'37 "W
20.06'
L8
N69'17'01 "E
613.18
L9
N6917'01 "E
1575.90
VICINITY MAP
N. T. S.
1 7
h 132,28 ACRES ANC —ROUND ROCK ASSETS 11, LP
DOC. NO. 2001001644
DEED LINE
r
CO
LOT 1, BLOCK A
FIRST LIMITED ADDITION
CAB. 0, SLD. 22 -23
SCOTT, SHERWOOD AND
BRINDLEY FOUNDATION
DOC. NO. 9700732
CHANDLER ROAD
UNE TABLE
DEED LINE
LEGEND
• 1/2" IRON ROD FOUND (UNLESS NOTED) MCNEIL CONSUMER
O 1/2" IRON ROD SET WITH CAP PRODUCTS CO.
P.O.C. POINT OF COMMENCEMENT VOL. 657, PG. 659
P.O.8. POINT OF BEGINNING
CURVE TABLE
Arc Length
898.83
No.
C1
C2
Della
22'23'28"
23'28'12"
Radius
2300.00
2200.00
901.18
Chord Length
893.12
894.89
Chord Bearing
1409 "30'28 "W
508'58'06 "E
3.139 ACRES
(136, 744 SO. FT)
74.590 ACRES
SCOTT & WHITE
MEMORIAL HOSPITAL
AND SCOTT,
SHERWOOD AND
• BRINDLEY
• FOUNDATION
DOC. NO. 9733254
I•
MIN i
0 150 300 600
SCALE: 1"= 300'
107.44 ACRES
NNP —TERAVISTA
47,49' DOC. N0.
\ 2001001639
•
L3
PA"C. 18 P �,�• •emu L9
(R.O.W. VARIES) COTTON SPINDLE L6
LOT I LOT I
OAKMONT PROVIDENT OAKMONT
CENTRE DEV. CO. CENTRE
SEC. 2 0 SEC..
BARSHOP & OLES
b Bury + Partners
Consulting Engineers snd Surveyors
Witham. . Td s1E/3811-MU Pax M2M8 -0.985
M.wm.n w.. •u•npW ta.4
SKETCH TO ACCOMPANY DESCRIPTION
OF 3.139 ACRES OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO, 212.
SITUATED IN WILLIAMSON COUNTY, TEXAS BENC A PORTION OF THAT CERTAIN 74590 ACRE
TRACT OF LAND CONVEYED TO SCOTT AND WHITE MEMORIAL HOSPITAL AND SCOTT,
SHERWOOD AND BRINDLEY FOUNDATION BY DEED OF RECORD IN DOCUMENT N0. 9733254 OF
THE OFFICIAL RECORDS OF WMLLIAMSON COUNTY, TEXAS
DATE: 02 /09/05 JFILE: H: \392 \37 \39237EX12.dwg IFN No.: 05- 102(CAG) I DRAWN BY: CAG IPROJ. No: 392 -37
EXHIBIT D -1
USES AND DEVELOPMENT STANDARDS FOR PARCEL 1
In accordance with Section 11.314 of the Round Rock Zoning Ordinance, the following
use regulations, design standards and development standards shall apply to all
development on the portion of the Property identified as Parcel 1 on the Parcel Map,
attached to this ordinance as Exhibit "C", and further described by metes and bounds
in Exhibit "C - ". Unless otherwise defined, all terms used shall correspond to the
definitions in the City of Round Rock Code of Ordinances.
1. PERMITTED USES
The following principal uses are permitted:
• Grocery Stores (within a structure containing at least 125,000 square feet)
• Retail Sales and Services provided Retail Services shall be limited to the following:
o Florist
o Cleaners (drop -off and pick -up only)
o Hair Salon
o Alteration Shop (Tailor)
o Copy Business Center
o Dental Service*
o Shoe Repair*
o Real Estate Office*
o Day Spa*
o Travel Agency*
o Dance Studio*
o Private Postal Service*
o Jewelry Repair*
o Weight Loss Center*
o Dental Service*
o Chiropractor*
o Educational Learning Center*
o Stocks and Bonds Brokers*
o Mortgage Companies*
o Insurance Agents*
* The aggregate square footage of the services marked with an asterisk operating on
Parcel 1 at any time shall not exceed 10,000 square feet and shall only be permitted in a
building facing Chandler Road, or Oakmont Drive.
• Bank (including off -site cash machines). This includes banks, savings and loans, and
credit unions.
• Indoor Entertainment Activities (provided such activities shall be limited to an
operation which includes both a mix of entertainment activities and food and
beverage service).
• Eating Establishments, excluding drive through services (except that a "to go"
window shall be permitted for a sit down restaurant)
• Drive through services for a bank or pharmacy
• Outdoor Entertainment (this use shall be limited only to an outdoor music venue)
• Theater /Cinema
• Bars /Pubs /Taverns, which is the use of a site for the retail sale of alcoholic
beverages for consumption on premises
• Hotel
• Conference Center
• Fire or Police Station
• Visitor Center, which is the use of a site for the provision of information to the
public regarding a development, project, or the surrounding community, as well as
related activities, events, programs and tourist locations.
• Wireless Transmission Facility, Stealth
• Wireless Transmission Facility, Attached
• Park, Private
• Park, Linear /Linkage
• Park, Community
• Park, Neighborhood
• Park, Regional /Metropolitan
2. PROHIBITED USES
The following uses are prohibited:
• Gasoline & fuel sales
• Automotive Sr machinery repair
• Automotive & machinery services
• Automotive parts
• Automotive sales
• Automotive rental
• Automotive & machinery washes
• Wrecking yards
• Sale of used goods (except antiques and estate sales)
• Sexually oriented businesses
• Trucking terminals
• Truck service or repair
• Truck stops
• Bulk distribution centers
• Mini warehouses
• Flea markets
• Portable building sales
• Manufactured home sales
• Boat sales
• Camper sales
• Industrial building sales
• Amusement parks or carnivals
• Campgrounds
• Shooting ranges
• Kennels
• Video arcades (as a primary use)
• Billiard parlors & pool halls (as a primary use)
• Tattoo parlors
• Donation centers
• Recycling centers
• Wholesale nurseries
• Recreational vehicle parks
• Pawn shops
• Heavy equipment sales
• Wireless Transmission Facility, Self- Standing
3. SPECIAL EXCEPTIONS
All other uses that are not specifically addressed in this ordinance will require a special
exception, in accordance with the City of Round Rock Code of Ordinances.
4. DESIGN STANDARDS
4.1 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 (except for trim or minor decorative features approved by
the Director of Planning)
• Unfinished sheet metal (except for trim or minor decorative features
approved by the Director of Planning)
4.2 Requirements
Except as modified by this ordinance, the project shall comply with the C -1
Design Standards specified in Section 11.409(4) of the Round Rock Zoning
Ordinance. Buildings and structures in Parcel 1 shall incorporate similar and
compatible architectural styles currently planned for buildings and structures in
Parcel 1 of PUD 60 (Round Rock Premium Outlet Mall) as generally depicted on
Exhibit "G" attached hereto, utilizing similar building materials, colors and
designs. Emphasis shall also be placed on human scale design and pedestrian
connectivity between buildings, utilizing shaded pedestrian walkways, public
plazas, landscaping and other public amenities.
Building elevations demonstrating compliance with the requirements of this
section shall be submitted with the Preliminary Site Plan for City review and
approval; such approval not to be unreasonably withheld.
4.3 Wet Pond
The detention /retention pond to be located at the Southwest corner of Parcel 1
(the corner of I -35 and Chandler Road) shall be designed and constructed as a
"Wet Pond" water feature (i.e., a constant body of water with natural shape
combining storm water detention and filtration functions, as required, with
water retention). Aquatic plantings shall be installed around the perimeter of the
pond for biological filtration of the storm water. A fountain feature shall also be
included in the pond for water aeration.
In accordance with Section 11.314 of the Round Rock Zoning Ordinance, the following
use regulations, design standards and development standards shall apply to all
development on the portion of the Property identified as Parcel 2 on the Parcel Map,
attached to this ordinance as Exhibit "C ", and further described by metes and bounds
in Exhibit "C -2 ". Unless otherwise defined, all terms used shall correspond to the
definitions in the City of Round Rock Code of Ordinances.
1. PERMITTED USES
The following principal uses are permitted:
EXHIBIT D -2
USES AND DEVELOPMENT STANDARDS FOR PARCEL 2
• Theater /Cinema
• Retail Sales
• Retail Services, which shall be limited to the following:
o Florist
o Cleaners (drop -off and pick -up only)
o Hair Salon
o Alteration Shop (Tailor)
o Copy Business Center
o Athletic or health club
• Eating Establishments
• Bars /Pubs /Taverns, which is the use of a site for the retail sale of alcoholic
beverages for consumption on premises
• Drive through services
• Bank or Financial Services, which is the use of a site for the provision of financial
and banking services. This includes banks, stocks and bonds brokers, loan and
lending activities, off -site cash machines, and other similar services.
• Visitor Center, which is the use of a site for the provision of information to the
public regarding a development, project, or the surrounding community, as well as
related activities, events, programs and tourist locations.
• Park, Private
• Park, Linear /Linkage
• Park, Community
• Park, Neighborhood
• Park, Regional /Metropolitan
2. PROHIBITED USES
The following uses are prohibited:
• Grocery stores
• GasoIine Sr fuel sales
• Automotive & machinery repair
• Automotive & machinery services
• Automotive parts
• Automotive sales
• Automotive rental
• Automotive & machinery washes
• Wrecking yards
• Sale of used goods
• Sexually oriented businesses
• Trucking terminals
• Truck service or repair
• Truck stops
• Bulk distribution centers
• Mini warehouses
• Flea markets
• Portable building sales
• Manufactured home sales
• Boat sales
• Camper sales
• Industrial building sales
• Amusement parks or carnivals
• Campgrounds
• Shooting ranges
• Kennels
• Video arcades (as a primary use)
• Billiard parlors & pool halls (as a primary use)
• Tattoo parlors
• Donation centers
• Recycling centers
• Wholesale nurseries
• Recreational vehicle parks
• Pawn shops
• Heavy equipment sales
• Wireless Transmission Facility, Self- Standing
3. REMAINING USES
All other uses that are not specifically addressed in this ordinance will require an
amendment in accordance with Section 13 of this Agreement.
4. DESIGN STANDARDS
4.1 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 (except for trim or minor decorative features approved by
the Director of Planning)
• Unfinished sheet metal (except for trim or minor decorative features
approved by the Director of Planning)
4.2 Requirements
Except as modified by this ordinance, the project shall comply with the Design
Standards specified in Section 11.409(4) of the Round Rock Zoning Ordinance.
Buildings and structures in Parcel 2 other than a theater /cinema shall
incorporate similar and compatible architectural styles with buildings and
structures in Parcel 1, utilizing similar building materials, colors and designs.
Emphasis shall also be placed on human scale design and pedestrian
connectivity between buildings, utilizing shaded pedestrian walkways, public
plazas, landscaping and other public amenities.
The Design Standards for a theater /cinema use shall generally be in accordance
with the attached Exhibit "I ".
Building elevations demonstrating compliance with the requirements of this
section shall be submitted with the Preliminary Site Plan for City review and
approval. These elevations shall be reviewed and approved by Owner prior to
submittal and shall include a signature block indicating such review and
approval.
1. PERMITTED USES
EXHIBIT D -3
USES AND DEVELOPMENT STANDARDS FOR PARCEL 3
In accordance with Section 11.314 of the Round Rock Zoning Ordinance, the following
use regulations, design standards and development standards shall apply to all
development on the portion of the Property identified as Parcel 3 on the Parcel Map,
attached to this ordinance as Exhibit "C ", and further described by metes and bounds
in Exhibit "C -3 ". Unless otherwise defined, all terms used shall correspond to the
definitions in the City of Round Rock Code of Ordinances.
Parcel 3 shall be developed as pad sites consisting of any the following uses:
• Eating Establishments without drive - through services
• Bars /Pubs /Taverns, which is the use of a site for the retail sale of alcoholic
beverages for consumption on premises
• Retail Sales
• Retail Services, which shall be limited to the following:
o Florist
o Cleaners (drop -off and pick -up only)
o Hair Salon
o Alteration Shop (Tailor)
o Copy Business Center
o Athletic or health club
• Off -site cash machines
• Hotels
• Visitor Center, which is the use of a site for the provision of information to the
public regarding a development, project, or the surrounding community, as well as
related activities, events, programs and tourist locations.
• Park, Private
• Park, Linear /Linkage
• Park, Community
• Park, Neighborhood
• Park, Regional /Metropolitan
2. PROHIBITED USES
The following uses are prohibited:
• Grocery stores
• Gasoline & fuel sales
• Automotive Sr machinery repair
• Automotive & machinery services
• Automotive parts
• Automotive sales
• Automotive rental
• Automotive & machinery washes
• Wrecking yards
• Sale of used goods
• Sexually oriented businesses
• Trucking terminals
• Truck service or repair
• Truck stops
• Bulk distribution centers
• Mini warehouses
• Flea markets
• Portable building sales
• Manufactured home sales
• Boat sales
• Camper sales
• Industrial building sales
• Amusement parks or carnivals
• Campgrounds
• Shooting ranges
• Kennels
• Video arcades (as a primary use)
• Billiard parlors & pool halls (as a primary use)
• Tattoo parlors
• Donation centers
• Recycling centers
• Wholesale nurseries
• Recreational vehicle parks
• Pawn shops
• Heavy equipment sales
• Wireless Transmission Facility, Self- Standing
3. REMAINING USES
All other uses that are not specifically addressed in this ordinance will require an
amendment in accordance with Section 13 of this Agreement.
4. DESIGN STANDARDS
4.1 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 (except for trim or minor decorative features approved by
the Director of Planning)
• Unfinished sheet metal (except for trim or minor decorative features
approved by the Director of Planning)
4.2 Requirements
Except as modified by this ordinance, the project shall comply with the Design
Standards specified in Section 11.409(4) of the Round Rock Zoning Ordinance.
Buildings and structures in Parcel 3 shall incorporate similar and compatible
architectural styles with buildings and structures in Parcel 1, utilizing similar
building materials, colors and designs. Emphasis shall also be placed on human
scale design and pedestrian connectivity between buildings, utilizing shaded
pedestrian walkways, public plazas, landscaping and other public amenities.
Building elevations demonstrating compliance with the requirements of this
section shall be submitted with the Preliminary Site Plan for City review and
approval. These elevations shall be reviewed and approved by Owner prior to
submittal and shall include a signature block indicating such review and
approval.
EXHIBIT E
RESERVED
EXHIBIT F -1
STREETSCAPE (PLAN VIEW)
PAATN ERS
No NO... log 76716
kO
9 . 0 8
0 v9 O
Screening shrubs
-- Parking —
Slrea0ida
Plantna Area
CHANDLER / 1 -35 RETAIL
EXHIBIT F -1
Streetscape (Plan View)
Shrub & Ground cover
Planting Area
-- Large, shade tree;
2/100' along exterior of
properly along Oakmont Drive.
Small, ornamental tree
3/100• along exterior of
property along Oakmont Chive.
EW
WW
NORiH
a 0 I I ra
MARDI
EXHIBIT F -2
STREETSCAPE (PROFILE VIEW)
FASTNESS
saro ED g a s ; m1s
115122/7.1011 P.10512.7ra.
Large, shade pee
cg rental—
— Mediae
0' LIP TO LIP— 24' LIP TO LIP—.
STANDARD OR —
MEANDERING
5' SIDEWALK
Future - Landscape improvements, per P.U.D.
RECORDERS MEMORANDUM
MI or parts of the text on this page was not
clearly legible for satisfactory recordation,
CHANDLER / 1 -35 RETAIL
EXHIBIT F -2
Streetscape (Profile View)
CHANDLER /1-35 RETAIL
SITE PARKING
Shrub & Groufd[arer
Planting Ares
SLOPE VARIES;
3:1 MAXIMUM
i ,,..NT h,.Ky.�,�r,a�ee „.�.,.wm ..1,1 mpmp.
NNNS{ses
EXHIBIT G
ARCHITECTURE
g
a a-
0
VIEW Al a•IR ENTRY
VIEW i700 PARKING E W-16 70777
SIMON • ROUND ROCK PREMIUM OUTLETS •
EXHIBIT G: Architecture (1 of 2)
JJffi
txr. t
n! 41!11 ;!-1111;111 wits OE-
SIMON
' .
rl UIhI ftFIII
VIC• • HMI e AL411:2111
• ROUND ROCK PREMIUM OUTLETS •
EXHIBIT G: Architecture (2 of 2)
EXHIBIT H
RIGHT -OF -WAY AND EASEMENT LOCATIONS
l ,
5
00 9d '061 '704
1Z1 '9d '(80 '721
96383013 .1117111! 3/7600 ,OZ
a
�
/
I
838/18108, 31980930 ./9)
19383593 All1LL/
37860 01 03008089
(— (EN3rvnd1S8I 31080930 A8)
1831 61I7110
3l19nd 01 0350,1090
(1831^Ind1SNI 31089035 A9)
10313503 3600080/ 30 03006086
80LL001030
8'041 03639080
99! 99 'to& 9399/080
SOLPJCY
NOLLV01030
8'0'8 330090219
123 9d 'r6/ 121
1638935V3 .1/710
3/79119 ,0Z
PIT Z0 '09.0 '704
1639/3513 378V3
0/10063030101/ ,07
Zl0 '3d '1 704
1N3V/35v3 3/013373 .6/
o
993; 8310/11310
169 03002Q86
RECORDERS MEMORANDUM
All or parts of the teat on this page was not
clearly legible for satisfactory recordation.
EXHIBIT I
THEATER/CINEMA DESIGN AND SIGNAGE
CINAMARK 12 ROUNDROCK, TEXAS
ELEVATIONS
EXHIBIT I: THEATER/CINEMA DESIGN AND SIGNAGE
Mayor
Nyle Maxwell
Mayor Pro-tem
Alan McGraw
Council Members
Tom Nielson
Joe Clifford
Scot Knight
Scott Rhode
Gary Coe
City Manager
James R. Nose, PE.
City Attorney
Stephan L. Sheets
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY
June 3, 2005
Mr. Milo Burdette
Vice President of Development
Barshop & Oles Company
801 Congress Ave., Suite 300
Austin, TX 78701
RE: Administrative Amendment to PUD 59, uses and design standards
Dear Mr. Burdette:
As we discussed, due to a clerical error, Parcels 2 and 3 of PUD 59 ( "the Barshop
PUD ") do not match Parcels 2 and 3 of PUD 60 ( "the Simon PUD "). The intent
of all involved parties (the City, Barshop & Oles and Simon/Chelsea Property
Group) has been to ensure that the uses and development standards outlined for
Parcels 2 and 3 in the Barshop PUD mirror the uses and development standards
outlined for Parcels 2 and 3 in the Simon PUD. This intent has also been
publicly presented to both the Planning and Zoning Commission and the City
Council.
In order to correct the oversight and ensure consistency between the two PUD's, I
have made the following administrative amendment as provided for by section
13.1 of the Development Plan contained in PUD 59:
1. In Exhibit D -3, Uses and Development Standards for Parcel 3, under
"Permitted Uses ", "Retail Sales and Services" has been replaced with
the following:
• Retail Sales
• Retail Services, which shall be limited to the following:
o Florist
o Cleaners (drop -off and pick -up only)
o Hair Salon
o Alteration Shop (Tailor)
o Copy Business Center
o Athletic or health club
2. In Exhibit D -2, Uses and Development Standards for Parcel 2, under
CITY OF ROUND ROCK PWJNING AND COMMUNITY DEVELOPMENT 301 W. Bagdad, Suite 210 • Round Rock, Texas 78664
Phone: 512.218.5428 • Fax: 512.2[8.3286 • www.ci.round- rocktx.us
Sincerely,
Daniel L. Halden, P.E.
City Engineer
"Permitted Uses ", "Retail Sales and Services" has been replaced with
the following:
• Retail Sales
• Retail Services, which shall be limited to the following:
o Florist
o Cleaners (drop -off and pick -up only)
o Hair Salon
o Alteration Shop (Tailor)
o Copy Business Center
o Athletic or health club
3. In Exhibit D -2, Uses and Development Standards for Parcel 2, under
"Design Standards ", the following line has been added:
The Design Standards for a theater /cinema use shall generally be in
accordance with the attached Exhibit "I ".
4. Exhibit "P', attached to this document, has been included in the PUD.
With these changes, the only remaining differences between Parcels 2 and 3 of
the Barshop PUD and Parcels 2 and 3 of the Simon PUD will be (1) the
allowance for outdoor entertainment in the "community plaza" provided for in
the Simon PUD but not the Barshop PUD (the "conununity plaza" is located only
in the Simon PUD), and (2) the allowance for hotels provided for in the Barshop
PUD but not in the Simon PUD (the proposed hotel site is located only in the
Barshop PUD).
Because the Barshop PUD approved by the Round Rock City Council on May 26,
2005, did not include the owner's signature (due to the timing of the land
transactions), the changes referenced above will be incorporated into the final
version that is signed and recorded subsequent to the purchase of the property by
Chandler III 35 Retail, Ltd. The Mayor will re -sign the ordinance with full
knowledge of these changes.
tendebach, MCP
irector of Planning
2.
Charles Cross
City Attomey
THE STATE OF TEXAS
COUNTY OF WILLIAMSON §
BEFORE ME, the undersigned authority, on this day personally appeared Jim
Stendebach, known to me to be the person whose name is subscribed to the foregoing
instrument as the Director of Planning of the City of Round Rock, Texas, a municipal
corporation, and he acknowledged to me that he executed the same for the purposes and
considerations therein expressed, in the capacity therein stated.
IVENAl➢IJ MY HAND AND SEAL OF OFFICE, this //�
y LY a s the L! day of
o
Y• • g EkPIRESP� • �� `
Hh'k T XAS
nrnlsrtlut��
COUNTY OF WILLIAMSON
BEFORE ME, the undersigned authority, on this day personally appeared Daniel L.
Halden, known to me to be the person whose name is subscribed to the foregoing
instrument as the City Engineer of the City of Round Rock, Texas, a municipal
corporation, and he acknowledged to me that he executed the same for the purposes and
considerations therein expressed, in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the
Notary Pu lic Si lure
State of Texas
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
BEFORE ME, the undersigned authority, on this day personally appeared Charles
Crossfield, known to me to be the person whose name is subscribed to the foregoing
instrument as City Attorney of the City of Round Rock, Texas, a municipal corporation,
and he acknowledged to me that he executed the same for the purposes and
considerations therein expressed, in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the G day of
, 2005.
KATHY GREEN
MY COMMISSION EXPIRES
Juy 26, 2007
§
MIANNE A. HALEY
Notary Public, State of Texas
My Commission Expires
December 23, 2007
3.
Noffry Public Signature
State of Texas
6 day of
otary ' blic Signature
State of Texas
AGREED TO BY OWNER:
CHANDLER 111 35 RETAIL, LTD.,
a Texas limited partnership
By: B &O Development G.P., L.L.C., a Texas limited liability
company, its general partner
By:
C. Patrick Oles, Jr., President
THE STATE OF TEXAS §
COUNTY OF TRAVIS §
BEFORE ME, the undersigned authority, on this day personally appeared C. Patrick
Oles, known to me to be the person whose name is subscribed to the foregoing
instrument as President of B &O Development G.P., L.L.C., a Texas limited
liability company, and he acknowledged to me that he executed the same for the
purposes and considerations therein expressed, in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
Juba , 2005.
Heather Birdsell
; 'IVOtary Public, State 01 Texas
� f My commission Expires
±a ' JULY 02, 2005
Notary Public Signature
State of Texas
L
P 1
? ... .., 8 ■J
EXHIBIT I: THEATER/CINEMA DESIGN AND SIGNAGE
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2005046057
06/20/2005 08;44 AM
MARY $274.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
e.ase� record re t_r vi
ChVis -hne, fnaXf`
CiTY OF ROUND ROOK
ADMINISTRATION
227 EAST MAIN STREET
ROUND ROCK, TEXAS 78664
KRISTOFER A. KASPER
(512) 435 -2325
kkasper(abansnn.cam
VIA HAND DELIVERY
Mr. Shannon Burke
City of Round Rock
Planning & Community Development
301 West Bagdad, Suite 210
Round Rock, TX 78664
Dear Shannon:
KAK/kss
Enclosures
Re: Simon Documents
Enclosed please find executed originals of PUD 60 and PUD 61, along with the
Economic Development Agreement.
Thank you.
214712 -1 06/03/2005
ARMBRUST & BROWN, L.L.P.
ATTORNEYS AND COUNSELORS
100 CONGRESS AVENUE, SUITE 1300
AUSTIN, TEXAS 78701 -2744
512 -435 -2300
FACSIMILE 512- 435 -2360
June 3, 2005
Very truly yours,
Kristofer Kasper
Mayor
Nyle Maxwell
Mayor Pro-tem
Alan McGraw
Council Members
Tom Nielson
Joe Clifford
Scot Knight
Scott Rhode
Gary Coe
City Manager
James R. Nuse, P.E.
City Attorney
Stephan L. Sheets
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
June 3, 2005
Mr. Milo Burdette
Vice President of Development
Barshop & Oles Company
801 Congress Ave., Suite 300
Austin, TX 78701
RE: Administrative Amendment to PUD 59, uses and design standards
Dear Mr. Burdette:
As we discussed, due to a clerical error, Parcels 2 and 3 of PUD 59 ( "the Barshop
PUD ") do not match Parcels 2 and 3 of PUD 60 ( "the Simon PUD "). The intent
of all involved parties (the City, Barshop & Oles and Simon/Chelsea Property
Group) has been to ensure that the uses and development standards outlined for
Parcels 2 and 3 in the Barshop PUD mirror the uses and development standards
outlined for Parcels 2 and 3 in the Simon PUD. This intent has also been
publicly presented to both the Planning and Zoning Commission and the City
Council.
In order to correct the oversight and ensure consistency between the two PUD's, I
have made the following administrative amendment as provided for by section
13.1 of the Development Plan contained in PUD 59:
1. In Exhibit D -3, Uses and Development Standards for Parcel 3, under
"Permitted Uses ", "Retail Sales and Services" has been replaced with
the following:
• Retail Sales
• Retail Services, which shall be limited to the following:
o Florist
o Cleaners (drop -off and pick -up only)
o Hair Salon
o Alteration Shop (Tailor)
o Copy Business Center
o Athletic or health club
2. In Exhibit D -2, Uses and Development Standards for Parcel 2, under
CITY OF ROUND ROCK PLANNING nno CoMnuNnv DEVELOPMENT 301 W. Bagdad, Suite 210 • Round Rock, Texas 78664
Phone: 512.218.5428 • Fax: 512.218.3286 • www.ci.round- rock.tx.us
Sincerely,
"Permitted Uses ", "Retail Sales and Services" has been replaced with
the following:
• Retail Sales
• Retail Services, which shall be limited to the following:
o Florist
o Cleaners (drop -off and pick -up only)
o Hair Salon
o Alteration Shop (Tailor)
o Copy Business Center
o Athletic or health club
3. In Exhibit D -2, Uses and Development Standards for Parcel2, under
"Design Standards ", the following line has been added:
The Design Standards for a theater /cinema use shall generally be in
accordance with the attached Exhibit "I ".
4. Exhibit "P', attached to this document, has been included in the PUD.
With these changes, the only remaining differences between Parcels 2 and 3 of
the Barshop PUD and Parcels 2 and 3 of the Simon PUD will be (1) the
allowance for outdoor entertainment in the "community plaza" provided for in
the Simon PUD but not the Barshop PUD (the "community plaza" is located only
in the Simon PUD), and (2) the allowance for hotels provided for in the Barshop
PUD but not in the Simon PUD (the proposed hotel site is located only in the
Barshop PUD).
Because the Barshop PUD approved by the Round Rock City Council on May 26,
2005, did not include the owner's signature (due to the timing of the land
transactions), the changes referenced above will be incorporated into the final
version that is signed and recorded subsequent to the purchase of the property by
Chandler 1H 35 Retail, Ltd. The Mayor will re -sign the ordinance with full
knowledge of these changes.
J' " tendebach, AICP
ector of Planning
Orx .
Daniel L. Halden, P.E.
City Engineer
2.
Charles Cross eld
City Attorney
THE STATE OF TEXAS
COUNTY OF WILLIAMSON §
BEFORE ME, the undersigned authority, on this day personally appeared Jim
Stendebach, known to me to be the person whose name is subscribed to the foregoing
instrument as the Director of Planning of the City of Round Rock, Texas, a municipal
corporation, and he acknowledged to me that he executed the same for the purposes and
considerations therein expressed, in the capacity therein stated.
IVEN MY HAND AND SEAL OF OFFICE, this the 1/ of
w ' NVLYtitly ) p
r '`a ° qP
Not Public Signature
� • • f..M • ��
THE --{AS
1 111lIIi1411
COUNTY OF WILLIAMSON §
BEFORE ME, the undersigned authority, on this day personally appeared Daniel L.
Halden, known to me to be the person whose name is subscribed to the foregoing
instrument as the City Engineer of the City of Round Rock, Texas, a municipal
corporation, and he acknowledged to me that he executed the same for the purposes and
considerations therein expressed, in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
A4 1 • >y MIANNE A. HALEY
yT ?�� Notary Public, State of Texas
My Commission Expires
Decembet 23, 2007
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
KATHY GREEN
MY COMMISSION EXPIRES
Jay 28, 2007
3.
State of Texas
114 I
ture
Notary Pu
AV . /�✓
alic Sim
State of Texas
BEFORE ME, the undersigned authority, on this day personally appeared Charles
Crossfield, known to me to be the person whose name is subscribed to the foregoing
instrument as City Attorney of the City of Round Rock, Texas, a municipal corporation,
and he acknowledged to me that he executed the same for the purposes and
considerations therein expressed, in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the d day of
, 2005.
rubr� °ham
otary ublic Signature
State of Texas
AGREED TO BY OWNER:
CHANDLER IH 35 RETAIL, LTD.,
a Texas limited partnership
By: B &O Development G.P., L.L.C., a Texas limited liability
company, its general partner
By:
C. Patrick Oles, Jr., President
THE STATE OF TEXAS §
COUNTY OF TRAVIS §
BEFORE ME, the undersigned authority, on this day personally appeared C. Patrick
Oles, known to me to be the person whose name is subscribed to the foregoing
instrument as President of B &O Development G.P., L.L.C., a Texas limited
liability company, and he acknowledged to me that he executed the same for the
purposes and considerations therein expressed, in the capacity therein stated.
G IVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
Jug , 2005.
Heather Birdsall
, +';notary Public, State of Texas
i My Commission Expires
R. R JULY 02, 2005
4.
rd sQ
Notary Public Signature
State of Texas
EXHIBIT I: THEATER/CINEMA DESIGN AND SIGNAGE
Proposed Developments
ROUND ROCK
PREMIUM OUTLETS
* SIMON IS CONSIDERING PURCHASING 13 ACRES FROM CHANDLERII -35 RETAIL TO INCORPORATE
INTO THE PREMIUM OUTLETS DEVELOPMENT.