Z-05-09-08-10C2 - 9/8/2005 (2)r
4
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF ROUND ROCK
li
111111111
111111111111111111111
11111 °RD 2005084111
56 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 -09-
08-10C2, which approves rezoning 20.94 acres of land out of the Ephraim Evans Survey
from District LI to District PUD No. 64 (IKEA Tract). This ordinance was approved and
adopted by the City Council of the City of Round Rock, Texas, on the 8th day of
September, 2005. These minutes are recorded in the official City Council Minute Book
No. 53.
CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 20th
day of October 2005.
SHERRI MONROE, Assistant City Secretary
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 20.94 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
LI (Light Industrial) to Planned Unit Development (PUD) No. 64, 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 24th day of August,
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 zoning
classification of the property described in Exhibit "A" be changed
to PUD No.64, and
ORDINANCE NO. Z O5- O9-O -lOC 2J
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.305(2),
CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK,
TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID
OFFICIAL ZONING MAP, TO WIT: TO REZONE 20.94 ACRES OF
LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO.
212, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM
DISTRICT LI (LIGHT INDUSTRIAL) TO PLANNED UNIT
DEVELOPMENT (PUD) NO. 64.
QPFllesktop \. .0 *4RjWORLOOX /<L WDOX /ORDENANC /O5o90BC2.upp /cdc
WHEREAS, on the 8th day of September, 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 City Council has hereby determined the Planned Unit
Development (PUD) No. 64 meets the following goals and objectives:
(1) The development in PUD No. 64 is equal to or superior to
development that would occur under the standard ordinance
requirements.
(2) P.U.D. No. 64 is in harmony with the general purposes,
goals, objectives and standards of the General Plan.
(3) P.U.D. No. 64 does not have an undue adverse effect upon
adjacent property, the character of the neighborhood,
traffic conditions, parking, utilities or any other
matters affecting the public health, safety and general
welfare.
(4) P.U.D. No 64 will be adequately provisioned by essential
public facilities and services including streets,
parking, drainage, water, wastewater facilities, and
other necessary utilities.
(5) P.U.D. No. 64 will be constructed, arranged and
maintained so as not to dominate, by scale and massing of
structures, the immediate neighboring properties or
2.
interfere with their development or use in accordance
with any existing zoning district.
II.
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 ", attached hereto and incorporated herein
shall be, and is hereafter designated as, Planned Unit Development
(PUD) No. 64, and that the Mayor is hereby authorized and directed
to enter into the Agreement and Development Plan for PUD No. 64
attached hereto as Exhibit "B ", which agreement shall govern the
development and use of said property.
III.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
C. The City Council hereby finds and declares that written
notice of the date, hour, place and subject of the meeting at which
this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which
this Resolution and the subject matter hereof were discussed,
considered and formally acted upon, all as required by the Open
Meetings Act, Chapter 551, Texas Government Code, as amended.
3.
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.
day
READ, PASSED, and ADOPTED on first reading this
of , 2005.
Alternative 2.
READ and APPROVED on first reading this the day of
, 2005.
READ, APPROVED and ADOPTED on second reading this the
day of
ATTEST:
CHRISTINE R. MARTINEZ, City Secre
, 2005.
NYLE L, ay
City of Round Rock, Texas
4.
Office: 512-48I -9602
Fax: 512- 330 -1621
Page 1 oft
Waterloo Surveyors Inc.
EXHIBIT "A"
July 20, 2005
FIELD NOTES
P.O. Box 160176
Austin, Texas 78716 -0176
Thomas P. Dixon
R.P.L.S. 4324
J9802FN1
FIELD NOTES 20.94 ACRES OF LAND, MORE OR LESS, OUT OF THE EPHAIM EVANS SURVEY,
ABSTRACT NO. 212, IN WILLIAMSON COUNTY, TEXAS, SAME BEING OUT OF THAT CERTAIN
94.39 ACRE TRACT OF LAND DESCRIBED IN VOLUME 657, PAGE 659, DEED RECORDS, TRAVIS
COUNTY, TEXAS, AND FURTHER BEING ALL OF LOT 1, BLOCK A, "FINAL PLAT OF EAST
CHANDLER RETAIL CENTER ", A PROPOSED SUBDIVISION IN WILLIAMSON COUNTY, TEXAS;
FOR WHICH A MORE PARTICULAR DESCRIPTION BY METES AND BOUNDS IS AS FOLLOWS:
BEGINNING at a point on the east R.O.W. of Interstate Highway 35 on the west line of said 94.39 acre tract at the N.W.
comer of Lot 1, Block A, "FINAL PLAT OF EAST CHANDLER RETAIL CENTER ", for the N.W. corner hereof, from
which point an "X" found in concrete on the east R.O.W. of Interstate Highway 35 at the N.W. comer of said 94.39 acre
tract bears N14 °46'52 "E at a distance of 25.79 feet;
THENCE the following twelve (12) courses and distances crossing said 94.39 acre tract along the exterior boundary of
Lot 1:
1. N96 °17'21 "E for a distance of 263.66 feet;
2. N75 °05'45 "E for a distance of 118.61 feet;
3. N69 °17'21 "E fora distance of 268.81 feet;
4. S65 °39'0T'E for a distance of 37.56 feet;
5. S20 °42'27 "E for a distance of 659.45 to a point of curvature of a curve curing to the right having a radius of 220.00;
6. 181.06 feet along the arc of said curve with a chord which bears NO2 °51' 17 "E for a distance of 275.99 feet to the
point of tangency of said curve;
7. S26 °25'55 "W for a distance of 77.45 feet to the point of curvature of a curve curving to the right with a radius of
158.15 feet;
8. 118.42 feet along the arc of said curve with a chord which bears N47 °51'41 "E for a distance of 115.67 feet;
9. S69 °17'40 "W fora distance of 685.32 feet to the point of curvature of a curve curving to the right having a radius of
406.00 feet;
10. 175.74 feet along the are of said curve with a chord which bears S81 °41'23 "W for a distance of 174.37 feet to the
point of a reverse curve curving to the left with a radius of 263.86 feet;
11. 27.79 feet along the arc of said curve with a chord which bears N89 °03'09 "W for a distance of 27.77 feet to the point
of tangency of said curve;
12. S88 °03'22"W for a distance of 71.42 feet to a point on the east RO.W. of Interstate Highway 35 at the S.W. comer
of Lot 1;
THENCE the following three (3) courses and along the west RD. W. of Interstate Highway 35:
1. NO2 °03'55 "W for a distance of 192.00 to a concrete highway monument found at the point of curvature of a curve
curving to the right with a radius of 1095.90 feet;
Office: 512- 481 -9602
Fax: 512-330-1621
Page 2 of 2
Thomas P. Dixon R.P.L.S. 4324
Waterloo Surveyors Inc.
EXHIBIT "A"
July 20, 2005
FIELD NOTES
P.O. Box 160176
Austin, Texas 78716 -0176
Thomas P. Dixon
R.P.L.S. 4324
J9802FN1
2. 398.72 feet along the arc of said curve with a chord which bears N08 °19' 14 "E for a distance of 396.52 feet to a
concrete highway monument found at the point of tangency of said curve;
3. N14 °46'52 "E for a distance of 435.92 feet to the POINT OF BEGINNING, containing 20.94 acres of land.
I, the undersigned do hereby certify that the field notes hereon were prepared from an actual on- the - ground survey
under my direct supervision and that they are true and correct to the best of my knowledge.
LINE 1
DIRECTION
1 DISTANCE
Ll
N 6917'21" E
1338.91'
L2
S 20'55'19" E
21.00'
L3
S 20'55'19" E
1479.61'
L4
N 72'39'36" W
23.68'
L5
N 59'04'07" W
158.08'
L6
S 67'29'15" W
113.42'
L7
S 54'57'23" W
373.45'
L8
S 22'25'39" W
29.15'
L9
S 09'24'29" W
69.60'
L10
S 07'36'56" E
79.37'
L11
S 18'22'33" W
44.30'
L12
S 35'15'54" E
226.60'
L13
S 68'17'04" W
137.20'
L14
S 63'50'35" W
238.36'
L15
S 64'23'51" W
164.56'
L16
S 71'07'09" W
229.88'
L17
N 34'45'51" W
530.13'
L18
S 75'23'51" W
171.67'
L19
N 52'30'20" W
172.40'
CURVE
1 RADIUS
'LENGTH
1 CHORD
1 BEARING
C1
1095.90'
398.72'
396.52'
S 08'19'14" W
C2
220.00'
181.06'
175.99'
N 02'51'17" E
C3
158.15'
118.42'
115.67'
N 47'51'41" E
C4
406.00'
175.74'
174.37'
N 81'41'23" E
C5
263.86'
27.79'
27.77'
N 89'03'09" W
RECORDERS MEMORANDUM
All or part of the text on this page was not �
clearly legible for satisfactory recordation. J9802F \
LEGAL DESCRIPTION: SURVEY PLAT LEGEND
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N.W. CORNER -
657/655
20.94 ACRES OF LAND, MORE OR LESS, OUT OF THE EPHAIM EVANS FOUND IRON ROD FIR
SURVEY, ABSTRACT NO. 212, IN WILLIAMSON COUNTY, TEXAS. AND SET IRON ROD SIR
BEING OUT OF THAT CERTAIN 94.39 ACRE TRACT OF LAND DESCRIBED FOUND IRON PIPE FIP
IN VOLUME 657, PAGE 659, DEED RECORDS, WILLIAMSON COUNTY, FOUND HIGHWAY MONUMENT FHM
TEXAS, AND BEING ALL OF LOT 1, BLOCK A, "FINAL PLAT OF EAST POINT OF BEGINNING POB
CHANDLER RETAIL CENTER ", A PROPOSED SUBDIVISION IN
WILLIAMSON COUNTY, TEXAS. (Cou Rae el 114) N 69'17'21"
rest Chandler Road 244.93'
1"=500'
C1 Lot 2 Block A
42.50 acres
Lot 1 Block A
FHM 20.94 acres
Found "X" IN CONC.
N.W. CORNER
657/659
(94.39 oc) a
Found Iron Rod
N.W. CORNER -/�
778/330
L18
City
7
(14.64
Iron Rod
N.W. CORNER
871/374
(2.0 oc)
City of Austin
871/374
(2.0 oc
LINE COURSE AND DISTANCE CALLS City
SIR
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78/330 FiRi . , lot 2 !y
4.64 oc) L13 'Candler Creek LP <0
r , Oakmont Centre 0 F -
L16 �L153 i L14 70� Sec. 5, Bk B Found 0
Iron Rod -
• Candler Creek LP N.E. CORNER
Oakmont Centre 951/17
Sec. 5, Bk B, Lot 3 (2.0 oc)
"The undersigned does hereby
4 certify thot the sketch hereon
Found was prepared from an octuol
ity of Austin iron Rod on- the - ground survey and thot
871/369 S.W. CORNER it is true and correct to the
(2.32 oc) 951/17 best of my knowledge on this
y of August. 2005.
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L20 N 81'31'11" W 173.14'
L21 S 02'03'55" E 112.67'
L22 S 02'03'55" E 134.53'
L23 S 02'03'55" E 192.00'
L24 N 14'46'52" E 435.92'
L25 N 14'46'52" E 25.79'
L26 N 69'17'21" E 263.66'
L27 N 75'05'45" E 118.61'
L28 N 69'17'21" E 268.81'
L29 S 65'39'07" E 37.56'
L30 N 69'17'33" E 74.82'
L31 N 24'20'53" E 54.63'
the 15th do
Thomas P. Di
L32 N 69'17'21" E 563.47'
L33 N 20'42'27" W 659.45'
L34 N 26'25'55" E 77.45'
L35 N 69'17'40" E 685.32'
L36 N 88'03'22" E 71.42'
on RPLS 4324
THE STATE OF TEXAS
COUNTY OF WILLIAMSON §
AGREEMENT AND DEVELOPMENT PLAN
IKEA PUD
PLANNED UNIT DEVELOPMENT NO. 64
EXHIBIT
„
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 Cerco Development, Inc., its successors and
assigns, having their offices at 221 West 6th Street, Suite 1300, Austin, Texas 78701
(hereafter referred to as the "Owner ").
WHEREAS, the Owner is the owner of certain real property consisting of
approximately 20.94 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 11.316(8), of "the Code" (as defined in
Article II, Section 1 below), 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 August 24, 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.15
below are followed. The depictions of the locations of the building, parking, and drive
aisles on the exhibits attached hereto in connection with the landscaping and signage
provisions of this Agreement (Sections II.10 and 11 below) are primarily to provide
context for the relevant landscaping and signage provisions, and may not correspond in
all respects with the final locations of such improvements as described in connection
with an application for site plan approval (and such final location, if different from the
general representation in the attached exhibits, shall not be deemed a "change" or
"modification" within the meaning of this Section I.2).
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, "the Code"
(as defined in Article II, Section 1 below).
4. LIEN HOLDER CONSENT
There is no lien holder of record with regard to the Property as of the date of this
Agreement.
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 or
assignment of the Property, in part or in whole, provided the purchaser or
assignee assumes Owner's obligations in writing as to such portions of the
Property, upon which assumption the Owner shall be released from any further
obligations hereunder.
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 CITY OF ROUND ROCK
Cerco Development, Inc.
221 West 6th Street
Suite 1300
Austin, Texas 78701
Attn: Jeff Newberg
5.10 Appeal of Administrative Decisions
City of Round Rock, Texas
221 East Main Street
Round Rock, Texas 78664
Attn: Director of Planning
Administrative decisions provided for in this Agreement may be appealed to the
City Council in writing within fourteen (14) days following receipt by Owner of
the written confirmation of the decision.
5.11 Binding Effect
This Agreement and the Development Plan binds and benefits the Owner and its
successors and assigns, and runs with the land.
1. DEFINITIONS
2. PROPERTY
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 through and including the date of
this Agreement, but riot afterward, City of Round Rock, Texas, hereinafter referred to as
"the Code."
This Development Plan ( "Plan ") covers approximately 20.94 acres of land, located
-4-
within the city limits of Round Rock, Texas, and more particularly described by metes
and bounds in Exhibit "A ".
3. EFFECTIVE DATE
Prior to the effective date of this Agreement, (i) the Property was zoned "LP ", and (ii)
the City Council approved this Agreement subject to all of the terms and conditions
contained herein. Notwithstanding the base zoning district identified for the Property
in Section 5.1, and notwithstanding Sections 6 (Permitted Uses) and 7 (Prohibited Uses)
below, all "LI" zoning district permitted uses and all applicable regulations shall be
allowed on the Property until the closing (i.e., delivery of title and purchase funds) of
the sale of the Property by McNeil Consumer & Specialty Pharmaceuticals, a division of
McNeil -PPC, to Cerco Development, Inc. or its assigns pursuant to the contract between
them (the "Sale "), on which Sale date all of Sections 5 through 17 of this Agreement
shall apply. The purchaser at the Sale shall submit to the City an affidavit in the form
attached hereto as Exhibit "F" stating that the Sale has occurred.
4. 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.
5. APPLICABILITY OF CITY ORDINANCES
5.1 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. Except as provided otherwise in this Agreement,
the base zoning district for the Property is "C -1" (General Commercial).
Notwithstanding the foregoing, 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.
-5-
5.2 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.
6. PERMITTED USES
The base zoning district for the Property shall be "C -1" (General Commercial) under the
Code, subject to the terms of this Agreement. The Property shall be developed for use
as a single destination retail use occupying a building of at least 252,000 square feet
(including any ancillary uses inside the building) that is expected to draw its customer
base from an approximately 75 -mile or more radius centered on the building.
The Property may be used for periodic temporary outdoor sales events, such as
Christmas tree sales, patio furniture sales, etc., and such use does not require a
temporary use permit from the City, provided such sales events are ancillary to a
permitted primary use, and provided further that such sales events occur no more often
than four (4) times per year, and no longer than fifteen (15) days per event.
Development standards for outdoor sales specified in the Code shall apply to these
sales events. The area to be used for such outdoor sales events shall be designated on
plans submitted in connection with site plan approval and shall not cause the loss of
any designated parking spaces. If outdoor sales events utilize sidewalk space, a
minimum width of five (5) feet of the sidewalk must remain clear of obstructions to
allow unimpeded pedestrian movement.
The following principal uses are permitted on the Property:
• Retail Sales and Services (as a single destination retail use as described above)
• Wireless Transmission Facility, Stealth
• Wireless Transmission Facility, Attached
• Park, Private
• Park, Linear /Linkage
• Park, Regional /Community
• Park, Neighborhood
The following uses are permitted as ancillary uses in the primary building:
• Eating Establishments
• Day Care
In connection with a recycling use ancillary to a permitted use (which recycling use is
hereby permitted as and to the extent described in this paragraph), Owner may locate
and maintain up to two (2) thirty-foot (30') trailers at the rear of the building for
-6-
recycling purposes. Such trailers may be moved to and parked at the dock doors, at
Owner's option, to permit loading /unloading.
7. PROHIBITED USES
The following uses are prohibited on the Property except as otherwise noted:
• Amusement parks or carnivals
• Automotive & machinery repair
• Automotive & machinery services
• Automotive & machinery washes
• Automotive parts sales
• Automotive rental
• Automotive sales
• Billiard parlors & pool halls
• Boat sales
• Camper sales
• Campgrounds
• Donation centers
• Flea markets
• Gasoline & fuel sales
• Grocery stores
• Heavy equipment sales, rental & leasing
• Industrial building sales
• Kennels -
• Manufactured home sales
• Mini warehouses
• Pawn shops
• Portable building sales
• Recreational vehicle parks
• Recycling centers (as primary use; permitted as ancillary use as described above)
• Sale of used goods (except antiques and estate sales)
• Self- Storage
• Sexually oriented businesses
• Shooting ranges
• Tattoo parlors
• Truck service or repair
• Truck stops
• Trucking terminals
• Video arcades
• Wireless Transmission Facility, Self- Standing
-7-
8. ADDITIONAL USES
All other uses that are not specifically addressed in this ordinance will require an
amendment in accordance with Section 15, below.
9. EXPANDED DEVELOPMENT
Owner may request, and the City will at that time consider in accordance with Section
15, below, a future expansion of the enclosed area of the primary building originally
constructed by up to 50,000 square feet, which additional enclosed area may be
proposed as expansions of one or more of the then existing sides of such building. Any
such request by Owner shall include a description of how such an expansion will satisfy
site planning concerns, including with regard to parking, traffic circulation,
landscaping, and design features of the building.
10. LANDSCAPING
In accordance with Section 11.314 of the Round Rock Zoning Ordinance, the following
landscaping and buffering standards shall apply to those portions of the Property
addressed below instead of otherwise applicable Code sections, City regulations or City
policies. All other landscaping issues not specifically addressed in this Section 10 shall
be regulated by applicable Code sections, City regulations or City policies.
10.1 General Requirements
As an alternative to the street yard requirements established in the Round Rock
Zoning Ordinance, the Property shall offer the following landscape amenities:
• Enhanced entry feature (as shown in Exhibits C - and C - 2).
• Enhanced landscaping along the perimeter of the Property, particularly along
the IH -35 frontage road and Chandler Road (as shown in Exhibits C - 1, C - 3,
C C and C
• Additional islands and medians in and along drives and in the parking areas
(as shown in Exhibit C
• Additional screening of service area (as shown in Exhibits C - 1, C - and C
Trees shall be planted to avoid interference with streetlights, signage and other
fixtures.
Trees shall be kept out of street intersection sight triangles at a minimum of
thirty -five (35) feet by thirty-five (35) feet as measured from the face of curb.
-8-
Trees shall be planted no less than five (5) linear feet from City water and
wastewater lines.
Trees shall be planted no less than five (5) linear feet (whether horizontal or on
an angle) from fire hydrants.
Caliper size, height, measurement and other specifications referenced in this
Agreement shall be as specified in the Round Rock Zoning Ordinance, the Round
Rock Tree Standards Technical Manual and the Overall Landscape Plant Palette,
attached hereto as Exhibit "C -7".
10.2 Entry Feature Landscaping
A landscaped median island between fourteen (14) feet and fifty (50) feet in
width, as measured from back of curb to back of curb, shall be provided down
the centerline of the primary entrance drive, substantially in accordance with
Exhibits "C -1" and "C -2".
At a minimum, landscaping in the entry median island, as it is identified in
Exhibit "C -2 ", shall consist of an average of one (1) small tree per 30 linear feet of
the entry median island plus ornamental grasses, ground covers and shrubs as
conceptually depicted in Exhibit "C -2 ".
At a minimum, landscaping in both sides of the entry planting area, as it is
identified in Exhibit "C -2 ", shall consist of an average of one (1) large or medium
tree per 50 linear feet of planting area plus ornamental grasses; ground covers
and shrubs as conceptually depicted in Exhibit "C -2 ".
Landscaping adjacent to other driveway entrances that are outside the boundary
of the Property shall include small trees, shrubs and grasses and shall be
consistent with the overall landscape design theme for each entrance.
10.3 Enhanced Perimeter Landscaping
A license agreement from the City and /or TxDOT is required prior to any
improvements in the public right -of -way.
Landscaping between the primary entrance drive and Chandler Road shall be in
accordance with Exhibits "C -3" and "C4", and shall include, at a minimum, an
average of one (1) large tree per 20 linear feet, one (1) conifer per 35 linear feet,
and one (1) small tree per 10 linear feet. Shrubs, grasses and groundcover shall
be planted as conceptually depicted in Exhibits "C -3" and "C4".
-9-
Landscape and irrigation within TX DOT right -of -way shall be installed,
irrigated, and maintained by means, methods and standards as governed by TX
DOT.
10.4 Service Area Screening
As depicted in Exhibits "C - 5" and "C ", a screening wall shall be provided
along Chandler Road behind the service area. The screen wall shall be a
minimum of seven (7) feet in height. The side of the screen wall facing Chandler
Road shall have a stone face similar to the stone required for buildings in PUD's
59 and 60, as conceptually depicted in Exhibit "C ".
Landscaping in front of the screen wall and along Chandler Road shall be in
accordance with Exhibits "C - 5" and "C ", and shall include, at a minimum, an
average of one (1) large tree per 35 linear feet, one (1) conifer per 60 linear feet,
and one (1) small tree per 40 linear feet. Shrubs, grasses and groundcover shall
be planted as conceptually depicted in Exhibits "C - 5" and "C - ".
Landscape buffer and screening requirements established in the Code for
ground- mounted equipment, dumpsters, trash receptacles, refuse storage
containers, loading docks, substations, large utility cabinets, and similar
structures located behind the screen wall shall not apply to the Property.
The City shall assume responsibility to replace any landscaping removed in the
gas line easement shown in Exhibit "C - ", if, because of the actions of the owner
of said gas line easement, any or all of said landscaping is removed and not
replaced by the owner of said gas line easement. Further, in the event, but only
to the extent, that the owner of said gas line easement legally prevents the
planting of some or all of such landscaping, the landscaping required in this
Section 10.4 may be modified as a minor amendment in accordance with Section
15.1 as long as adequate screening is provided through the use of higher
quantities of smaller plantings, screen walls, decorative trellises or other
landscape features.
10.5 Open Space
All areas which do not contain buildings, structures, parking lots, sidewalks, site
furniture or other improvements, including, but not limited to, front, side and
rear building set back areas, and all areas between the curb line and the property
line, must be planted and landscaped in accordance with this Section. All such
landscaped areas not planted in groundcover or shrub beds shall be planted in
grasses. Over seeding in fall with cool season native grasses is allowed.
-10-
Utility easements shall be landscaped consistent with other landscape areas, to
the extent allowed by the respective utility company.
11. SIGNAGE
Except to the extent that this Agreement provides for signage regulation that is in
conflict with the Code, the signage regulations of the Code shall apply to the
Property. In the event of a conflict between the Code and this Agreement, the
provisions of this Agreement shall control.
For purposes of this Agreement, "sign area" is defined as the number of square
feet contained within the smallest single polygon that will encompass the actual
lettering and any logo on one face of the sign (a logo may be measured using a
separate polygon or circle from that containing the lettering). The portions of a
structure on which the sign is located are not counted as part of the sign area
provided they are not contained within the polygon.
Unless otherwise provided herein, all free - standing signage on the Property shall
be powder coated aluminum framed with galvanized steel posts and shall be
externally illuminated.
With the exception of the Highway Sign permitted in Section 11.10, changes in
the location or appearance of signs described in this Section 11, as well as
changes in the number, size, or height of signs that differ no more than ten
percent (10%) from the standards set forth below may be administratively
approved by the Zoning Administrator.
111 Location
All signs on the Property shall be located and spaced in accordance with the
provisions of this Agreement and generally as shown in Exhibit "D - 1" and "D-
2". Any and all setback requirements of Table 3.1403 of the Code shall be
deemed satisfied if signage is located in accordance with this Agreement.
All Entrance Signs, Information Signs, and Family Friendly Signs (as described
below) shall be located on a landscaped island, median or other landscaped area
on the Property.
11.2 Entrance and Exit Signs
For the purposes of directing traffic to the entrances and exits of the store and of
providing information on store hours, five (5) double -sided Entrance and Exit
Signs may be installed and maintained by Owner at the approximate locations
shown in Exhibit "D -1" for signs la, 2a, 2b, 2c and 3a.
Entrance and Exit Signs shall not exceed fifteen (15) feet in height.
The face or sign area of each Entrance and Exit Sign shall not exceed ninety (90)
square feet.
Approximate sign dimensions for sign 1a are shown in Exhibit "D - 3" in diagram
1. Approximate sign dimensions for signs 2a, 2b and 2c are shown in Exhibit "D-
3" in diagram 2. Approximate sign dimensions for sign 3a are shown in Exhibit
"D - 3" in diagram 3.
Example sign content for signs la, 2a, 2b, 2c and 3a is shown in Exhibit "D - ".
Entrance and Exit Signs shall be externally illuminated, as shown in Exhibit "D-
3" in diagrams 1, 2 and 3.
11.3 Information Sig__ns
For the purpose of providing purchasing information, three (3) double -sided
Information Signs may be installed and maintained by Owner within one
hundred fifty (150) feet of the front doors of the building, generally located as
shown in Exhibit "D - 1" for signs 4a, 4b and 4c.
Information Signs shall not exceed eleven (11) feet in height.
The face or sign area of each Information Sign shall not exceed forty-two (42)
square feet.
Approximate sign dimensions for signs 4a, 4b and 4c are shown in Exhibit "D - 3"
in diagram 4.
Example sign content for signs 4a, 4b and 4a is shown in Exhibit "D - ".
Information Signs shall be externally illuminated, as shown in Exhibit "D - 3" in
diagram 4.
11.4 Service Signs
For the purpose of advertising special services offered by the store, seven (7)
double -sided Service Signs may be installed and maintained by Owner at the
approximate locations shown in Exhibit "D - 1" for signs 5a, 5b, 5c and 5d.
-12-
Service Signs shall not exceed eleven (11) feet in height.
The face or sign area of each Information Sign shall not exceed thirty (30) square
feet.
Approximate sign dimensions for signs 5a, 5b, 5c and 5d are shown in Exhibit
"D -3" in diagram 5.
Example sign content for signs 5a, 5b, 5c and 5d is shown in Exhibit "D-6 ".
Service Signs shall be externally illuminated, as shown in Exhibit "D -3" in
diagram 5.
11.5 Family Friendly Parking Signs
For the purpose of identifying a special parking area for families, three (3)
double -sided Family Friendly Parking Signs may be installed and maintained by
Owner at the approximate Locations shown in Exhibit "D -1" for sign 6a.
Family Friendly Parking Signs shall not exceed seven (7) feet in height.
The face or sign area of each Family Friendly Parking Sign shall not exceed
twelve (12) square feet.
Approximate sign dimensions for sign 6a are shown in Exhibit "D -3" in diagram
6.
Example sign content for sign 6a is shown in Exhibit "D-6 ".
Family Friendly Parking Signs shall not be externally illuminated by lighting
associated with the signs.
11.6 Loading Zone Signs
For the purpose of identifying the loading zone, five (5) double -sided Loading
Zone Signs may be installed and maintained by Owner at the approximate
locations shown in Exhibit "D -1" for sign 7a.
Loading Zone Signs shall be hung at a height not less than twelve (12) feet above
finished grade.
The face or sign area of each Loading Zone Sign shall not exceed twelve (12)
square feet.
-13-
Approximate sign dimensions for sign 7a are shown in Exhibit "D - 3" in diagram
7.
Example sign content for sign 7a is shown in Exhibit "D ".
Loading Zone Signs shall not be externally illuminated by lighting associated
with the signs.
11.7 Cart Return Signs
For the purpose of identifying cart return areas, double -sided Cart Return Signs,
may be installed and maintained by Owner in the cart return areas in the
approximate locations shown in Exhibit "D - 1" for signs 8a, 9a and 9b.
Cart Return Signs shall not exceed ten (10) feet in height.
The face or sign area of each Cart Return Sign shall not exceed eighteen (18)
square feet.
Approximate sign dimensions for signs 8a, 9a and 9b are shown in Exhibits "D-
3" and "D in diagrams 8 and 9.
Example sign content for signs 8a, 9a and 9b are shown in Exhibit "D ".
Cart Return Signs shaII not be externally illuminated by lighting associated with
the signs.
11.8 Parking Aisle Identification Signs
For the purpose of identifying parking aisles, Parking Aisle Identification Signs
may be installed and maintained by Owner in the parking areas as conceptually
depicted in Exhibit "D - 2" for signs 10a, 10b and 10c.
Parking Aisle Identification Signs shall not exceed twenty (20) feet in height and
shall be hung at a height not less than twelve (12) feet above finished grade.
The face or sign area of each Parking Aisle Identification Sign shall not exceed
twenty-two (22) square feet.
Approximate sign dimensions and example content for signs 10a, 10b and 10c are
shown in Exhibit "D -7".
-14-
Parking Aisle Identification Signs shall not be externally illuminated by lighting
associated with the signs.
11.9 Flags
For the purpose of identifying the entrances to the Property, Flags may be
installed and maintained by Owner in the approximate locations shown in
Exhibit "D - 2 ".
Flags shall not exceed thirty (30) feet in height and shall be hung at a height not
less than twelve (12) feet above finished grade.
The face of each flag shall not exceed sixty (60) square feet.
Approximate flag dimensions and example content for the flags are shown in
Exhibit "D-8 ".
11.10 Highway Sign
For the purpose of identifying the site from IH -35, one (1) pylon sign located
along IH -35 in the area shown on Exhibit "D - 2" may be installed and maintained
by Owner. Such a sign pole may not exceed ninety (90) feet in height, with the
top of the sign itself no more than eighty (80) feet from the ground. At Owner's
election, such sign may have three sides, and the retail identification sign face on
each side, whether two or three, may not exceed twelve by fifty feet (12' x 50').
Approximate sign dimensions and example content for the Highway Sign are
shown in Exhibit "D -9 ".
11.11 Building Signage
Notwithstanding any otherwise applicable provision of the Code to the contrary,
building signage, including a fifteen by forty -five foot (15' x 45') banner sign,
shall be designed, sized and located generally in accordance with Exhibit "D-
10", attached hereto for illustrative purposes but not as a precise signage plan.
12. DESIGN STANDARDS
Except as may be specifically set forth to the contrary in this Agreement, the
Property shall be developed pursuant to the design, compatibility, height, buffer
yard, and all other standards (but not the use categories) applicable to the "C -1"
zoning district under the Code; provided, however, that the Owner may elect to
adopt more restrictive standards for any given aspect of such development.
-15-
12.1 Exterior Surfaces
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, or as otherwise provided herein)
Exterior walls may consist of brick, stone, stucco, decorative concrete masonry
unit (CMU), split face concrete block or concrete tilt wall, or similar material
approved in writing by the Zoning Administrator. Painted pre- finished metal
architectural panels may be used as decorative features, for example to highlight
the entrance area of a building. Unfinished concrete (painted or unpainted) may
be used around the base of the primary building up to a maximum height of
forty inches (40 ") above finished floor elevation.
The primary building may be painted in a color scheme that constitutes trade
dress or advertising for the occupant of such building, and shall not be counted
against any signage area allotments or limits otherwise applicable to the
Property.
12.2 Building Design
The primary building shall not be required to have at least fifteen percent (15 %)
of a wall facing a public street consist of windows and /or entrance areas, and no
walls of such building shall be required to include details that create shade and
cast shadows.
Notwithstanding any provision of the Code to the contrary, the primary building
is not required to include architectural offsets as described in Section 11409(4)(e)
of the Code, and may, at Owner's option, include uninterrupted lengths in excess
of one hundred feet (100').
In addition, sidewalks are not required along the western boundary of the
Property abutting the IH -35 frontage road.
13. UNDERGROUND UTILITY SERVICE
Except where approved in writing by the Chief of Public Works Operations, all
-16-
electrical, telephone and cablevision distribution and service lines, other than overhead
lines that are three phase or larger, shall be placed underground. All transformers must
be visually screened.
14. DRIVEWAY ACCESS AND CIRCULATION
14.1 Driveway Access
Driveway access shall be permitted in accordance with the approved Traffic
Impact Analysis on file with the Director of Transportation Services and
generally in accordance with the locations depicted in Exhibit "E ", subject to site
plan approval.
14.2 Driveway Throat Lengths
Primary driveways off of the public rights -of -way adjacent to the Property, as
"primary" is determined by the City of Round Rock Director of Transportation
Services (Director), shall provide a minimum driveway throat of one hundred
(100) feet. No parking spaces or internal access drives shall intersect with such
primary driveways within this throat unless otherwise approved by the Director
in connection with site plan approval. Throat length of primary drives shall be
measured from edge of pavement.
14.3 Drive Aisles
Main drive aisles serving for both primary' circulation and parking or
loading /unloading shall have a minimum width of thirty (30) feet. All other
two -way drives shall have a minimum width of twenty -four (24) feet. All drives
shall meet minimum standards required by the City of Round Rock Fire
Department.
15. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN
15.1 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.
15.2 Major Changes
All changes not permitted under Section 15.1 above shall be resubmitted
-17-
following the same procedure required by the original PUD application.
16. CONCEPT PLAN APPROVED
Approval of this Agreement constitutes Concept Plan approval under the City
Subdivision Ordinance.
17. GENERAL PLAN 2000
This Agreement amends the Round Rock General Plan 2000, which was adopted on
June 10, 1999.
Cerco Development, Inc.
By:
Name:
Title:
Date:
CITY OF ROUND ROCK, TEXAS
By:
Nyle Maxwell, Mayor
ATTEST:
By:
Christine Martinez, City Secretary
-18-
LIST OF EXHIBITS
EXHIBIT DESCRIPTION
Exhibit "A" Metes and Bounds Description of Property
Exhibit "B" Lien Holder Consent
Exhibit "C -1" Overall Landscape Concept Plan
Exhibit "C -2" Entry Feature Landscaping
Exhibit "C -3" Enhanced Perimeter Landscaping (Plan)
Exhibit "C -4" Enhanced Perimeter Landscaping (Profile)
Exhibit "C -5" Service Area Screening (Plan)
Exhibit "C -6" Service Area Screening (Profile)
Exhibit "C -7" Representative Plant Palette
Exhibit "C -8" Masoruy Theme for PUD's 59 and 60
Exhibit "C -9" Existing Gas Line & Easement
Exhibit "D -1" Signage Locations (Signs la - 9b)
. Exhibit "D -2" Signage Locations (Signs 10a -10c, Flags, Highway Sign)
Exhibit "D -3" Sign Dimensions (Signs la - 8a)
Exhibit "D -4" Sign Dimensions (Sign 9)
Exhibit "D -5" Sign Example Content (Signs la - 4c)
Exhibit "D -6" Sign Example Content (Signs 5a - 9b)
Exhibit "D -7" Parking Aisle Identification Signs
Exhibit "D-8" Flags
Exhibit "D -9" Highway Sign
Exhibit "D -10" Building Signage
Exhibit "E" Driveway Access
Exhibit "F" Affidavit of Sale
-19-
EXHIBIT A
METES AND BOUNDS DESCRIPTION OF PROPERTY
Office: 512 -481 -9602
Fax: 512- 330 -1621
Page 1 of 2
Waterloo Surveyors Inc.
Thomas P. Dixon
R.P.L.S, 4324
EXHIBIT "A" J9802FN1
July 20, 2005
FIELD NOTES
FIELD NOTES 20.94 ACRES OF LAND, MORE OR LESS, OUT OF THE EPRAI ! EVANS SURVEY,
ABSTRACT NO. 212, IN WILLIAMSON COUNTY, TEXAS, SAME BEING OUT OF THAT CERTAIN
9439 ACRE TRACT OF LAND DESCRIBED IN VOLUME 657, PAGE 659, DEED RECORDS, TRAVIS
COUNTY, TEXAS, AND FURTHER BEING ALL OF LOT 1, BLOCK A, "FINAL PLAT OF EAST
CHANDLER RETAIL CENTER", A PROPOSED SUBDIVISION IN WILLIAMSON COUNTY, TEXAS;
FOR WHICH A MORE PARTICULAR DESCRIPTION BY METES AND BOUNDS IS AS FOLLOWS:
BEGINNING at a point on the east R.O.W. of Interstate Highway 35 on the west line of said 94.39 acre tract at the N.W.
corner of Lot 1, Block A, "FINAL PLAT OF EAST CHANDLER RETAIL CENTER", for the N.W. comer hereof, from
which point an "X" found in concrete on the east R.O.W. of Interstate Highway 35 at the N.W. comer of said 94.39 acre
tract bears N14 °46'52 "E at a distance of 25.79 feet;
THENCE the following twelve (12) courses and distances crossing said 94.39 acre tract along the exterior boundary of
Lot 1:
1. N96 °17'21 "E for a distance of 263.66 feet;
2. N75 °05'45 "E for a distance of 118.61 feet;
3. N69 °17'21 "E fora distance of 268.81 feet;
4. S65 °39'07 "E for a distance of 37.56 feet;
5. S20 °42'27 "E for a distance of 659.45 to a point of curvature of a curve curing to the right having a radius of 220.00;
6. 181.06 feet along the arc of said curve with a chord which bears NO2 °51' 17 "E for a distance of 275.99 feet to the
point of tangency of said curve;
7. S26°25'55"W for a distance of 77.45 feet to the point of curvature of a curve curving to the right with a radius of
158.15 feet;
8. 118.42 feet along the arc of said curve with a chord which bears N47 °51'41 "E for a distance of 115.67 feet;
9. S69 °17'40 "W for a distance of 685.32 feet to the point of curvature of a curve curving to the right having a radius of
406.00 feet;
10. 175.74 feet along the arc of said curve with a chord which bears S81 °41'23 "W for a distance of 174.37 feet to the
point of a reverse curve curving to the left with a radius of 263.86 feet;
11. 27.79 feet along the arc of said curve with a chord which bears N89 °03'09 "W for a distance of 27.77 feet to the point
of tangency of said curve;
12. S88 °03'22 "W for a distance of 71.42 feet to a point on the east R.O.W. of Interstate Highway 35 at the S.W. comer
of Lot 1;
THENCE the following three (3) courses and along the west R.O.W. of Interstate Highway 35:
1. NO2 °03'55 "W for a distance of 192.00 to a concrete highway monument found at the point of curvature of a curve
curving to the right with a radius of 1095.90 feet;
P.O. Box 160176
Austin, Texas 78716 -0176
Office: 512 -481 -9602
Fax: 512- 330 -1621
Page 2 of 2
1
Thomas P. Dixon R.P.L.S. 4324
Waterloo Surveyors Inc.
EXHIBIT "A"
July 20, 2005
FIELD NOTES
P.O. Box 160176
Austin, Texas 78716 -0176
Thomas P. Dixon
R.P.L.S. 4324
J9802FN1
2. 398.72 feet along the are of said curve with a chord which bears N08° 19' 14 "E for a distance of 396.52 feet to a
concrete highway monument found at the point of tangency of said curve;
3. N14 °46'52 "E for a distance of 435.92 feet to the POINT OF BEGINNING, containing 20.94 acres of land.
I, the undersigned do hereby certify that the field notes hereon were prepared from an actual on- the - ground survey
under my direct supervision and that they are true and correct to the best of my knowledge.
CURVE
RADIUS
L GTH
H0R0
REAR
t
1Q9 110
396.72
39652
5 03191 8
C2
220.00'
151.06'
175,99"
N 02'51'17" E
C3
15515
lie 42.
115,67
N 47.5141' C
e4
425.00
115 74'
174,37*
N 81 E
RECORDERS MEMORANDUM
All or part of the text on this page was not
clearly legible for satisfactory recordation.
UR VEY PLAT LEGEND
FOUN D IRON ROD FIR
20.94- ACRES OF LAND. MORE OR LESS, OUT OF THE EPHA1M EVANS
SE IR
SURVEY, ABSTRACT NO. 212, IN WILUAM5014 COUNTY. TEXAS. AND T ON ROC SIR
QEING OUT OF THAT CERTAIN 94.39 ACRE TRACT Cr LAND DESCRIBEOF FOUND IRON PIPE FiP
VOLUME 657, PAGE 659, DEED RECORDs, ApwAlisoN couNry FOUND HIGHWAY MONUMENT FIHIA
tExAS, AND BEING ALL OF LOT 1, ELOCX A, "FINAL PLAT OF EAST POINT OF BEGINNING P08
Lot 3 Mock A
0.03 acres
GAL DESCRPTION:
CHANDLER REAL CENTER", A PROPOSED SUBDIVISION IN 0
WILUAMSON COUNTY, TEXAS. N 591 7'2r E
244-93'
Found "X" IN CONC
N CerNIM
657/659
(94.30 oc)
LINE
1.
D R!C110M I DISTANCE
Li N 601721' E 1338.91'
L2 5 205519" E 21.00'
L3 5 2055'19 E 1479;61'
4 ti 72'39'38 W
23.
L5
L
L7
L9
1
L15
1
18
L19
City of Round Rock
778/330
(14.64 ac)
N.W. CORNER
871/374 City of Round Rock
(2.0 oc) 871/374
(2.0 ac)
AND DISTANCE CALLS City of Round Rock
871/369
(2.32 ac)
14 59'04 0
7'29'15
5 54'57'23 -
S 22'25
5 0914'29
0736'56` E
Lil 5 122'
2 S 351554" E 226.80'
L13 5 681
114 5 63'5O'35' W 238.
S 642Y51
71'07'0
3445'
75'23'5l
5210'20
15808
113.42
173.45'
29.15'
69.60'
79.37'
164.58
22M'
5
171.67'
172.40
5
263,86
1 z
Z 0
0 p
M
14,
<ri)
0 I-
Found 0
Iron Rod -I
Candler C.ed LP N.E. CORNER
Oakmont Centre 951/17
Sec. 5, Bk B. Lot (2.0 ac)
"The undersiseted does hereby
certify that the sketch hereon
Woe prepared from an actual
on-the-graund survey and tha
It Is true and comsat to the
bast of my Icnoniedge an this
the 15th do of August, 2005.
Found
Iron Rod
S.W. CORNER
951/17
L20 N 1311111 Aro 173,4'
L21 S 0703'55" E 112.67'
L22 5 02'03'55" E 134.53'
L23 5 02'03'55" E 192.00'
124 14 1446'52" E 435.92'
L25 14 14'46'52" E 25.79'
E 283.66'
L27 11 7to5'45' E 115.61
L213 13 691711 E 265.61'
129 5 65'39'07" E 37-56"
L30 M 69'17'33" 74.132'
L31 N 2470'53" E
27.79
Thomas P. Dixon RPLS 4324
L32 .• '
5
.47
L35
85.32
1.36 N '40. 71.42
27.77 14 89153'09 w
EXHIBIT B
LIEN HOLDER CONSENT
There is no lien holder of record with regard to the Property as of the date of this
Agreement.
EXHIBIT C
LANDSCAPING
Exhibit "C -1" Overall Landscape Concept Plan
Exhibit "C -2" Entry Feature Landscaping
Exhibit "C -3" Enhanced Perimeter Landscaping (Plan)
Exhibit "C-4" Enhanced Perimeter Landscaping (Profile)
Exhibit "C -5" Service Area Screening (Plan)
Exhibit "C -6" Service Area Screening (Profile)
Exhibit "C -7" Representative Plant Palette
Exhibit "C -8" Masonry Theme for PUD's 59 and 60
Exhibit "C -9" Existing Gas Line & Easement
LANDSCAPE'
ENTRY FEATURE
REFER TO C -2
PRIMARY
ENTRANCE
DRIVE
��w - ovaa ouwi�
Q LOT BOUNDARY, TYP
LANDSCAPE MEDIAN,TYP
USER - LOT 1
SEC
EN IlC -
LOT $QUNpA.
LANDSCAPE MEDIAN,TYP
LANDSCAPEISL4ND,TYP
LIMESTONE SCREEN WALL
REFER TO C -8
SERVICE AREA SCREENING
LANDSCAPING, REFER TO C•5
ENHANCED PERIMETE
LANDSCAPING, REFER TO C.
User - Lot 1
CHANDLER ROAtr
Overall Landscape Concept Plan
EXHIBIT C -1
NORTH
0' 50' 100' 200'
DATE: AUGUST 2, 2005
MVO, Ls based iron SOV.1 dee aed 'eUab:e and is is s;Udect tv change.
ENTRY MEDIAN ISLAND
PARKING (44\k
_SCREENING,
K5126
EXISTING TREE
TO REMAIN,TYP
1-35 FRONTAGE ROAD - -
User - Lot 1
Entry Feature Landscaping
EXHIBIT C-2
712 2,5 .12ptam
SMALL TREE
ENTRY PLANTING ARE
1.1T
41.
„ta4itt
/00
PARKING
SCREENING, TYP
Y FLAG FEATURE,TYP
NORTH
77■7
DATE: AUGUST 2, 2005
rrermatioo thow is isashi from SOLI,00 deemed reable and 0r s subject 0 change.
LARGE TREE, TYP.
SHRUBSJYR.
AL GRASSES,
a 1!
6 2 I '2:2• -
PPRIX 34
EVERGREEN CONE R, TYP
VARIOUS UTILITY EASEMENTS
512 252.5212p.m
PARKING
("‘
4,
..5 '
.1
— A
•••‘ \ N„, '‘..."''''NZ `,..,,.... _ ..... ' , ` Ver, 01 ,
, ,,; , 4 '..1..*: "
, 4d. ,-,.. \ o =
, 4, -, Sf oe 44.0:- or c
1,-- , 1 0. - Ai
''`-
skukkNi.cov- ..r...,...... ..s- -- ;:ia...,2 \,
IX le 0 (V'
User - Lot 1
Enhanced Perimeter Landscaping (Plan)
EXHIBIT C-3
BUILDING SERVICE AREA Et
LOADING DOCKS.
DATE: AUGUST 2, 2005
information 51 based "Torn seLeces de5Me21relabie end n. subjecz to change.
NORTH 2
77■7 3
20 40' 80 ' F
I
ROAD' MOT R_O.W.
I
I
McNEESMI
I( FROArtAGE
I
I
I
I L
I
PARKING
•
I
40'
35'
•
30'
•
I
.
1 ,
1-
25'
•
in -
,,,,Ajtriallil
-
-
-
• _._
=------.
0,
—_ .__
xor,,,
.
■.,-
- ,L . Illiii
....
IIIIIM
I a AL
1 .., _
I
I
T
r
7.5 TELEPHONE ESMT.
SOUTHWESTERN BELL •
15 UTILITY EMT.
Ix. POWER a LIGHT LS
20 WATER 0 WASTEWATER
512 2
700[7
User - Lot 1
30 GAS PIPELINE I
EASEMENT I I I
+ 20.0
Enhanced Perimeter Landscaping (Profile)
EXHIBIT C-4
DATE: AUGUST 2, 2005
infnsraation :lax Is bas0d tom zuves deene0 feaLle and is is s1.51eCE 20 chang0,
LARGE TREE, TYP.
BUILDING SERVICE AREA &
LOADING DOCKS.
EVERGREEN CONIFER, TYP.
SMALL TREE,MP._ _ —
LARGE SHRUI3S, TYP.
LOW ORNAMtlTAL GRASSES
CONCRETE RIB @ON CURR
7 LIMESTONE ROCK SCREEN
WALL, REFER TO C -8 AND C -9
APPROX, 340 L.F.
—11 lip' APPROX. 680 L.F.
User - Lot 1
Service Area Screening (Plan)
EXHIBIT C -5
CHANDLER ROAD
FUTURE ROW
USER BUILDING
PARKING
El 3
NORTH 3
I I■ I 1
0' 20' 40' 80' F
DATE: AUGUST 2, 2005
All information show is based from sources deemed reliable and is Is subject to change.
ME
14 rmnsbr
5
40'
20'
15'
10'
005IDOLER ROAD
User - Lot 1
IL 100
Service Area Screening (Profile)
EXHIBIT C-6
KNOL BVII.01110
SECTION 13-B'
NORTH
DATE: AUGUST 2, 2005
43 j,iormatior, 41045 301.3 300I ..T.S deMed rereje SiibleCt 10 410090.
REPRESEPLrA LARGE & SMALL TREES
a. SHADE TREES - 3" to 6" CAL. - CONT. or B &B
LIVE OAK - QUERCUS VIRGINIANA
MONTERREY OAK - QUERCUS POLYMORPHA
TEXAS RED OAK - QUERCUS TEXANA
CEDAR ELM - ULMUS CRASSIFOLIA
CHINKAPIN OAK - QUERCUS MUEHLENBERGII
BUR OAK - QUERCUS MACROCARPA
BOSQUE ELM - ULMUS PARCIFOLIA
b. CONIFER TREES - 3" to 6" CAL. - CONT. or B &B
ARIZONA CYPRESS - CUPRESSUS ARIZONICA
LEYLAND CYPRESS - CUPRESSOCYPARIS LEYLANDII
AFGHAN PINE • PINUS ELDARICA
JAPANESE BLACK PINE - PINUS THUNBERGIANA
BALD CYPRESS - TAXODIUM DISCTICHUM
c. ORNAMENTAL TREES • 3" CAL. • 8' to 12' HEIGHT - CONT. or B &B
YAUPON HOLLY - ILEX VOMITORIA
TREE WAX MYRTLE - MYRICA CERIFERA
CRAPEMYRTLE - LAGERSTROMIAINDICA
TEXAS MOUNTIAN LAUREL - SOPHORA SECUNDIFLORA
TEXAS REDBUD - CERCIS CANADENSIS TEXENSIS'
FLAME LEAF SUMAC - RHUS LANCEOLATA
LILAC CHASTE TREE • VITEX AGNUS - CASTUS
NOTE: ALL PLANTS TO BE CONSISTANT WITH CORR APPROVED PLANT LIST
REPRESENTATIVE SHRUBS, GRASSES, VINES, & GROUND COVERS
a. SHRUBS • 5 GAL. • 24" TO 36" HEIGHT
PRIMROSE JASMINE - JASMINUM MESNYI
DWARF WAX MYRTLE - MYRICA PUSILIA
CONTONEASTER• COTONEASTER SP.
EVERGREEN SUMAC - RHUS VIRENS
RED YUCCA - HESPERALOE PARVIFLORA
SANDANKWA VIBURNUM - VIBURNUM SUSPENSUM
ROSEMARY - ROSEMARY OFFICINAUS
SOFT LEAF YUCCA - YUCCA RECURVIFOLIA
b. ORNAMENTAL GRASSES • 1 GAL. to 3 GAL. - 28" TO 30" HEIGHT
MAIDEN GRASS - MISCANTHUS SINENSIS
MIJHLY GRASS - MUHLENBERGIA CAPILLARIS
GULF MUHLY GRASS - MUHLENBERGIA CAPILLARIS
BUTTERFLY IRIS • DIETES SP.
MEXICAN FEATHER GRASS - STIPA TENUISSIMA
c. PERENNIALS • 1 GAL. to 3 GAL. • 28" TO 30" HEIGHT
NEW GOLD LANTANNA - LANTANA CAMARA
CHERRY SAGE - SALVIA GREGGII
MEXICAN HEATHER - CUPHEA HYSSOPIFOLIA
MEXICAN BUSH SAGE - SALVIA LEUCANTHA
TRAILING LANTANA - LANTANA MONTEVIDENSIS
MEALY BLUE SAGE - SALVIA FARINACEA
d. VINES & GROUND COVERS - 4" POT 1 GAL. to 3 GAL. - 12" TO 18" HEIGHT
ASIAN JASMINE • TRACHELOSPERMUM ASIATICUM
'BIG BLUE' LIRIOPE • LIRIIOPE MUSCARI
GIANT LIRIOPE - LIRIOPE GIGANTEA
CLIMBING FIG - FICUS PUMILA
CAROLINA JESSAMINE - GELSEMI UM SEMPERVI RENS
MONKEY GRASS • OPHIOPOGON JAPONICA
STAR JASMINE - TRACHELOSPERMUM JASMINOIDES
CORAL HONEYSUCKLE - LONICERE SEMPERVIRENS
NOTE: ALL PLANTS TO BE CONSISTANT WITH CORR APPROVED PLANT LIST
User - Lot 1
Representative Plant Palette
EXHIBIT C-7 DATE: AUGUST 2, 2005
sr. information suow rs ta,tJ from swrcas c -smet: reia!1e 54 5 5 sstrect to ohaRge.
VIN1V NR MKIY ENTRY
VIEW ROM RRRKINO E 1X RORTN
SIMON • ROUND ROCK PREMIUM OUTLETS •
EXHIBIT C -8: Masonry Theme for PUD's 59 and 60
IXIS77NG
GAS LINE
30' GAS PIPEUN£
EASEMENT 741/371
_
/
1
/ i
// / / EXISTING
D S LINE
/
30' GAS PIPELINE
4E / // I/I ' � EASEMENT 741/371
/ /
�i�� EXlST1NG
G4S LINE
EXHIBIT C -9
EXISTING GAS LINE & EASEMENT
CHANDLER ROAD (CO ROAD 114)
RECD
AU or pa RDERS M EMORANDUM
clear] t of the text S on f this page was not
Y l e legible for sa tisfactory recordation.
a 30X30'
REGULATOR SITE t
EXIS11NG
GAS LINE
30' GAS PIPELINE
EASEMENT 741/371
LOT 1, BLOCK A
20.94 ACIES
r
LOT 2, BLOCK A
4250 AC1E8
30' GAS PIPELINE
EASEMENT 741/371
\=---777
EXISTING
GAS 1 /NE
EXHIBIT D
SIGNAGE
Exhibit "D -1" Signage Locations (Signs la - 9b)
Exhibit "D -2" Signage Locations (Signs 10a -10c, Flags, Highway Sign)
Exhibit "D -3" Sign Dimensions (Signs la - 8a)
Exhibit "D-4" Sign Dimensions (Sign 9)
Exhibit "D -5" Sign Example Content (Signs la - 4c)
Exhibit "D-6" Sign Example Content (Signs 5a - 9b)
Exhibit "D -7" Parking Aisle Identification Signs
Exhibit "D -8" Flags
Exhibit "D -9" Highway Sign
Exhibit "D -10" Building Signage
W
0
Signage
Locations
NOT TO SCALE
Exhibit D -1
Signage
Locations
NOT TO SCALE
Sign
Dimensions
NOT TO SCALE
Exhibit D-3
---.........
si r......._ imi
..2.72.7,..
_Ea:
!
mr-
Ik
...","+::
. 1
,
-........-.-
- '
' 1
I '
MI
1
',..
_ _
If
__
I
SIGN BOARD OUTDOOR WITH LIGHT
...
1 .
SIGN BOARD OUTDOOR WITH UGHT
CV.L
2
SIGN BOARD OUTDOOR WITH LIGHT
M.
------,..
F,E7.7-
MI
.,,x•—
IN I
-m-L =as' WM/EM .
. El :
:, MI
tili
.. ..
Ly -
_
If - li
SIGN BOARD OUTDOOR WITH LIGHT
DE.
SIGN BOARD OUTDOOR WITH LIGHT
of.
C
...,
SIGN BOARD OUTDOOR WITH MOUNTING PLATE
NV/
6
...,...,
''''''' -
....vs.
7,■7..
............
SIGN BOARD OUTDOOR HANGING
bEtvl
7
i
i El ■
P _
CART CORRAL AND SIGN BOARD
K.IL
8
Sign
Dimensions
NOT TO SCALE
Exhibit D-3
SINGLE CART CORRAL AND SIGN BOARD
Oa.
9
Sign
Dimensions
NOT TO SCALE
LAN.
Exhibit D-4
hock
SIGN BOARD OUTDOOR WITH LIGHTT
la
back
SIGN BOARD OUTDOOR HUG HT
2b
Font
1.. ti W TEE. .W
bock
116. .i 1v• IM
WEE'
SIGN BOARD OUTDOOR
4a
Font
Enhance 800 feet
alicad
SIGN BOARD OUTDOOR WITH LIGHT
2c
Bi[ R Lr e.J6A V al.c
dab -- .-= '-'7 ;i:f.•
bock
GAAYkw yYAk.i
4101) _ w_
SIGN BOARD OUTDOOR
4b
Font bock
SIGN BOARD OUTDOOR WW
2a
SIGN BOARD OUTDOOR WITH LIGHT
3a
B[, yam =I Brie Y NW
bock
R4 OIf, you cm MR I.YI
eat
w[r
SIGN BOARD OUTDOOR WITH MOUNTING PLATE
4c
a w
W F
Y
U
in 2 w
w
z
�o
Sign
Example Content
NOT TO SCALE
Exhibit D -5
from bark
front bock
front bock
Amin* Service
1
USER'
Aswnbly Lrvb
1
USER'
(Id4nry Sxvk.
USER'
DNMry Service
olio
USER'
Aer en Expert •
*
USER'
Ark an Expect
*
USER'
SIGN BOARD OUTDOOR WITH MODUNTTI PL TE
C c
`J
SIGN BOARD OUTDOOR WITH MOUNTING PLATE
r [ a
,J
SIGN BOARD OUTDOOR WITH MOUNTING PLATE
5 I_
b
front back
front
from
Cam and plait
•
USER'
c.m. and ypp
USER'
Family friendly Y
= Parking
Loading zone
back
back
SIGN BOARD OUTDOOR WITH MOUNTING PLATE
cawmauunon
5 d
a
SIGN BOARD HANGING OUTDOOR
L �
(J (,]
SIGN BOAR D OUTDOOR
CMLNICATOON WO.
t
7
4
Bart
front
from
Cart return
j 4
Cart return
Cart return
LT
bock
book
bock
Cart return
Cart return
•
DOUBLE CART CORRAL AND SIGN BOARD
8a
SINGLE CART CORRAL AND SIGN BOARD
9a
SINGLE CART CORRAL AND SIGN BOARD
9b
Sign
Example Content
NOT TO SCALE
Exhibit D-6
POLE MARKER
1 Oa
A
POLE MARKER
1 ob
aw
W
ILI Y
F 5 U
Ca U) 2
3 E
it Z
� n 7
u CY
C
W C o
...m Parking
Aisle Identification
Signs
Morro SCALE
Exhibit D -7
N
N
ILL
I j
FLAGS EXHIBIT D -8
8nN War • 1
HIGHWAY SIGN EXHIBIT D -9
Iml 1...
1■■■■■■IIGTi YtAN 7 ■■■E1111■11M ier- r.i111111 II
NORTH ELEVATION
WEST ELEVATION
SOUTH ELEVATION
TT ®
39
EAST ELEVATION
1-10
0
SER
n
ice Gwen
J S .ER
II 1111 I
0 0
0
O O 0
0
1
Nye
in
es
0-
0
2
W
DRIVEWAY ACCESS EXHIBIT E
NOTE
DRNEWAY DESIGNATIONS AS PER APPROVED
T.IA ON FILE WITH THE CRY OF ROUND ROCK
DIRECTOR OF TRANSPORTATION SERVICES
EXHIBIT F
AFFIDAVIT OF SALE
BEFORE ME, the undersigned authority personally appeared
known to me to be the person whose name is subscribed to this Affidavit,
of , which entity purchased the approximately 20.94 acres
described in City of Round Rock PUD No. 64 (the "Property "), who being duly sworn,
on oath, deposed and stated the following:
1. My name is . I am above the age of 18 years, of sound
mind, have never been convicted of a felony or crime of moral turpitude, and am fully
qualified to make this Affidavit.
2. I am authorized to make this Affidavit in the capacity of
of a
owner of the Property that is described in the foregoing instrument ( "Owner ").
3. I have personal knowledge of the facts contained herein as general partner
of the Owner of the Property. On the basis of my personal knowledge, after diligent
inquiry, I hereby attest that, as of the date of this Affidavit:
On , the "Sale" described in City of Round Rock PUD No. 64,
Section II.3 occurred, pursuant to which Sale the Owner purchased the Property from
McNeil Consumer & Specialty Pharmaceuticals, a division of McNeil -PPC.
STATE OF
SIGNED, this day of
COUNTY OF
§
AFFIANT:
Subscribed, sworn to, and acknowledged before me on , by
Notary Public, State of
Rezoning from LI to PUD 64
20.94 Acres
a d
Gr a � d` e ` Ro
Subject Tract 0a
20.94 acres
W
N
N
S
E
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2005084111
10/20/2005 04:35 PM
CARRILLO $236.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
Please, re Cored rd u.r✓t. to'
aal ma(n 5t
Ko urtc( IZock -8-1-p1e
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 20.94 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
LI (Light Industrial) to Planned Unit Development (PUD) No. 64, 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 24th day of August,
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 zoning
classification of the property described in Exhibit "A" be changed
to PUD No.64, and
{
ORDINANCE NO. Z. - CV - CS - it` 0 '��
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.305(2),
CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK,
TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID
OFFICIAL ZONING MAP, TO WIT: TO REZONE 20.94 ACRES OF
LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO.
212, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM
DISTRICT LI (LIGHT INDUSTRIAL) TO PLANNED UNIT
DEVELOPMENT (PUD) NO. 64.
wen,, ktop\ ::omn+ /wORLDCX /o: /WDOX /ORDINANC /05090802. wen /cac
WHEREAS, on the 8th day of September, 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 City Council has hereby determined the Planned Unit
Development (PUD) No. 64 meets the following goals and objectives:
(1) The development in PUD No. 64 is equal to or superior to
development that would occur under the standard ordinance
requirements.
(2) P.U.D. No. 64 is in harmony with the general purposes,
goals, objectives and standards of the General Plan.
(3) P.U.D. No. 64 does not have an undue adverse effect upon
adjacent property, the character of the neighborhood,
traffic conditions, parking, utilities or any other
matters affecting the public health, safety and general
welfare.
(4) P.U.D. No. 64 will be adequately provisioned by essential
public facilities and services including streets,
parking, drainage, water, wastewater facilities, and
other necessary utilities.
(5) P.U.D. No. 64 will be constructed, arranged and
maintained so as not to dominate, by scale and massing of
structures, the immediate neighboring properties or
2.
interfere with their development or use in accordance
with any existing zoning district.
II.
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 ", attached hereto and incorporated herein
shall be, and is hereafter designated as, Planned Unit Development
(PUD) No. 64, and that the Mayor is hereby authorized and directed
to enter into the Agreement and Development Plan for PUD No. 64
attached hereto as Exhibit "B ", which agreement shall govern the
development and use of said property.
III.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
C. The City Council hereby finds and declares that written
notice of the date, hour, place and subject of the meeting at which
this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which
this Resolution and the subject matter hereof were discussed,
considered and formally acted upon, all as required by the Open
Meetings Act, Chapter 551, Texas Government Code, as amended.
3.
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.
/1
READ, PASSED, and ADOPTED on first reading this 1 day
of , 2005.
Alternative 2.
READ and APPROVED on first reading this the day of
, 2005.
READ, APPROVED and ADOPTED on second reading this the
day of , 2005.
ATTEST: ,)} }-
) )CL 1- -L r t(
CHRISTINE R. MARTINEZ, City Secre iry
NYLE -4.7r L, ayr
City of Round Rock, Texas
4.
Office: 512 -481 -9602
Fax: 512-330-1621
Page 1 of 2
Waterloo Surveyors Inc.
EXHIBIT "A"
July 20, 2005
FIELD NOTES
Thomas P. Dixon
R.P.L.S. 4324
J9802FN1
FIELD NOTES 20.94 ACRES OF LAND, MORE OR LESS, OUT OF THE EPIIAIM EVANS SURVEY,
ABSTRACT NO. 212, IN WILLIAMSON COUNTY, TEXAS, SAME BEING OUT OF THAT CERTAIN
94.39 ACRE TRACT OF LAND DESCRIBED IN VOLUME 657, PAGE 659, DEED RECORDS, TRAVIS
COUNTY, TEXAS, AND FURTHER BEING ALL OF LOT 1, BLOCK A, "FINAL PLAT OF EAST
CHANDLER RETAIL CENTER", A PROPOSED SUBDIVISION Pi WILLIAMSON COUNTY, TEXAS;
FOR WHICH A MORE PARTICULAR DESCRIPTION BY METES AND BOUNDS IS AS FOLLOWS:
BEGINNING at a point on the east R.O.W. of Interstate Highway 35 on the west line of said 94.39 acre tract at the N.W.
corner of Lot 1, Block A, "FINAL PLAT OF EAST CHANDLER RETAIL CENTER ", for the N.W. corner hereof, from
which point an "X" found in concrete on the east R.O.W. of Interstate Highway 35 at the N.W. corner of said 94.39 acre
tract bears N14 °46'52 "E at a distance of 25.79 feet;
THENCE the following twelve (12) courses and distances crossing said 94.39 acre tract along the exterior boundary of
Lot l:
1. N96° 17' 21 "E for a distance of 263.66 feet;
2. N75 °05'45 "E for a distance of 118.61 feet;
3. N69 °17'21 "E for a distance of 268.81 feet;
4. S65 °39'07 "E for a distance of 37.56 feet;
5. S20 °42'27 "E for a distance of 659.45 to a point of curvature of a curve curing to the right having a radius of 220.00;
6. 181.06 feet along the arc of said curve with a chord which bears NO2 °51' 17 "E for a distance of 275.99 feet to the
point of tangency of said curve;
7. S26 °25'55 "W for a distance of 77.45 feet to the point of curvature of a curve curving to the right with a radius of
158.15 feet;
8. 118.42 feet along the arc of said curve with a chord which bears N47 °51'41 "E for a distance of 115.67 feet;
9. S69 °17'40 "W for a distance of 685.32 feet to the point of curvature of a curve curving to the right having a radius of
406.00 feet;
10. 175.74 feet along the arc of said curve with a chord which bears S81 °41'23 "W for a distance of 174.37 feet to the
point of a reverse curve curving to the left with a radius of 263.86 feet;
11. 27.79 feet along the arc of said curve with a chord which bears N89 °03'09 "W for a distance of 27.77 feet to the point
of tangency of said curve;
12. S88 °03'22 "W for a distance of 71.42 feet to a point on the east R.O.W. of Interstate Highway 35 at the S.W. comer
of Lot 1;
THENCE the following three (3) courses and along the west R.O.W. of Interstate Highway 35:
1. NO2 °03'55 "W fora distance of 192.00 to a concrete highway monument found at the point of curvature of a curve
curving to the right with a radius of 1095.90 feet;
P.O. Box 160176
Austin, Texas 78716 -0176
Office: 512 -481 -9602
Fax: 512-330-1621
Page 2 of 2
2. 398.72 feet along the arc of said curve with a chord which bears N08 °19'14 "E for a distance of 396.52 feet to a
concrete highway monument found at the point of tangency of said curve;
3. N14 °46'52 "E for a distance of 435.92 feet to the POINT OF BEGINNING, containing 20.94 acres of land.
I, the undersigned do hereby certify that the field notes hereon were prepared from an actual on- the - ground survey
under my direct supervision and that they are true and correct to the best of my knowledge.
Thomas P. Dixon R.P.L.S. 4324
Waterloo Surveyors Inc.
Thomas P. Dixon
R.P.L.S. 4324
EXHIBIT "A" J9802FN1
July 20, 2005
FIELD NOTES
P.O. Box 160176
Austin, Texas 78716 -0176
LINE 1
DIRECTION
1 DISTANCE
L1
N 6917'21"
E
1338.91'
L2
S 20'55'19"
E
21.00'
L3
S 20'55'19"
E
1479.61'
L4
N 72'39'36"
W
23.68'
L5
N 59'04'07"
W
158.08'
L6
S 67'29'15"
W
113.42'
L7
S 54'57'23"
W
373.45'
L8
S 22'25'39"
W
29.15'
L9
S 09'24'29"
W
69.60'
L10
S 07'36'56"
E
79.37'
L11
S 18'22'33"
W
44.30'
L12
S 3515'54"
E
226.60'
L13
S 6817'04"
W
137.20'
L14
S 63'50'35"
W
238.36'
L15
S 64'23'51"
W
164.56'
L16
S 71'07'09"
W
229.88'
L17
N 34'45'51"
W
530.13'
L18
S 75'23'51"
W
171.67'
L19
N 52'30'20"
W
172.40'
LEGAL DESCRIPTION: ' SURVEY PLAT LEGEND , J 9802 FN 1
20.94 ACRES OF LAND, MORE OR LESS, OUT OF THE EPHAIM EVANS FOUND IRON ROD FIR
SURVEY, ABSTRACT NO. 212, IN WILLIAMSON COUNTY, TEXAS, AND SET IRON ROD SIR
BEING OUT OF THAT CERTAIN 94.39 ACRE TRACT OF LAND DESCRIBED FOUND IRON PIPE FIP
IN VOLUME 657, PAGE 659, DEED RECORDS, WILLIAMSON COUNTY, FOUND HIGHWAY MONUMENT FHM
TEXAS, AND BEING ALL OF LOT 1, BLOCK A, "FINIAL PLAT OF EAST POINT OF BEGINNING P08
CHANDLER RETAIL CENTER ", A PROPOSED SUBDIVISION IN ➢ 9".°
WILLIAMSON COUNTY, TEXAS. (C R 114 N 69'17 21 " E Z
Found "X" IN CONC. �(y`o \ rest Chandler Rand 244.93' aN O
N.W. . CORNER ', \ Z1 I - F� � n �
657/659 + p
(94.39 oc) POB a • L32 C.1 m
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A
Foun ".
Iron Rod
N.W. CORNER ".. •- J ef
657/655 �•
Found Iron Rod
N.W. CORNER - SC
R
778/330
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Lot 3 Block A
0.83 acres
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L13
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L16 (71L15
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Lot 2 Block A
42.50 acres
N
LOT 1
L18
City of Austin
778/330
(14.64 oc)
Found
Iron Rod
N.W. CORNER
871/374
(2.0 oc)
LINE COURSE AND DISTANCE CALLS
FHM SCALE
1" =500'
0
Lot 1 Block A D
20.94 acres � r r` K
A L35 1 • W N 4 -1
R SIR Pik O Z N - 0
Lot 2 Block A y W 07 Z
42.50 acres P 0 in 71 -I
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0 07
lot 2 <y Y W
R C andler Creek LP 4 (n
Oakmont Centre 0 I-
.....
Sec. 5, Bk B Found 0
• Iron Rod J
• Candler Creek LP N.E. CORNER
I Oakmont Centre 951/17
Sec. 5, Bk B, Lot 3 (2.0 ac)
City of Austin "The undersigned does hereby
871/374 certify that the sketch hereon
(2.0 ac) Found was prepared from on actual
City of Austin Iron Rod on- the - ground survey and that
871/369 S.W. CORNER it is true and correct to the
(2.32 oc) 951/17 best of my knowledge on this
the 15th day of August, 2005.
L F IP
L20 N 81'31'11" W 173.14'
L21 5 02'03'55" E 112.67'
L22 S 02'03'55" E 134.53'
L23 S 02'0355" E 192.00
L24 N 14'46'52" E 435.92'
L25 N 14'46'52" E 25.79'
L26 N 69'17'21" E 263.66'
L27 N 75'05'45" E 118.61'
L28 N 6917'21" E 268.81'
L29 S 6519'07" E 37.56'
L30 N 6917'33" E 74.82'
L31 N 24'20'53" E 54.63'
Thomas P. Dixon RPLS 4324
L32 N 6917'21" E 563.47'
L33 N 20'42'27" W 659.45'
L34 N 26'25'55" E 77.45'
L35 N 6917'40" E 685.32'
L36 N 88'03'22" E 71.42'
CURVE 1 RADIUS !LENGTH 1 CHORD 1 BEARING
C1 1095.90' 398.72' 396.52' S 0819'14" W
C2 220.00' 181.06' 175.99' N 02'51'17" E
C3 158.15' 118.42' 115.67' N 47'51'41" E
C4 406.00' 175.74' 174.37' N 81'41'23" E
C5 263.86' 27.79' 27.77' N 89'03'09" W
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
AGREEMENT AND DEVELOPMENT PLAN
IKEA PUD
PLANNED UNIT DEVELOPMENT NO. 64
EXHIBIT
1 .. B ..
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 Cerco Development, Inc., its successors and
assigns, having their offices at 221 West 6th Street, Suite 1300, Austin, Texas 78701
(hereafter referred to as the "Owner ").
WHEREAS, the Owner is the owner of certain real property consisting of
approximately 20.94 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 11.316(8), of "the Code" (as defined in
Article II, Section 1 below), 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 August 24, 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.15
below are followed. The depictions of the locations of the building, parking, and drive
aisles on the exhibits attached hereto in connection with the landscaping and signage
provisions of this Agreement (Sections II.10 and 11 below) are primarily to provide
context for the relevant landscaping and signage provisions, and may not correspond in
all respects with the final locations of such improvements as described in connection
with an application for site plan approval (and such final location, if different from the
general representation in the attached exhibits, shall not be deemed a "change" or
"modification" within the meaning of this Section I.2).
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, "the Code"
(as defined in Article II, Section 1 below).
4. LIEN HOLDER CONSENT
There is no lien holder of record with regard to the Property as of the date of this
Agreement.
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 or
assignment of the Property, in part or in whole, provided the purchaser or
assignee assumes Owner's obligations in writing as to such portions of the
Property, upon which assumption the Owner shall be released from any further
obligations hereunder.
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.
-3-
5.8 Duplicate Originals
This Agreement may be executed in duplicate original, each of equal dignity.
5.9 Notices
Until changed by written notice thereof any notice required under this
Agreement may be given to the respective parties, by certified mail, postage
prepaid or by hand delivery to the address of the other party shown below:
OWNER CITY OF ROUND ROCK
Cerco Development, Inc.
221 West 6th Street
Suite 1300
Austin, Texas 78701
Attn: Jeff Newberg
City of Round Rock, Texas
221 East Main Street
Round Rock, Texas 78664
Attn: Director of Planning
5.10 Appeal of Administrative Decisions
Administrative decisions provided for in this Agreement may be appealed to the
City Council in writing within fourteen (14) days following receipt by Owner of
the written confirmation of the decision.
5.11 Binding Effect
This Agreement and the Development Plan binds and benefits the Owner and its
successors and assigns, and runs with the land.
II.
DEVELOPMENT PLAN
1. DEFINITIONS
Words and terms used herein shall have their usual force and meaning, or as defined in
the Code of Ordinances (1995 Edition) as amended through and including the date of
this Agreement, but not afterward, City of Round Rock, Texas, hereinafter referred to as
"the Code."
2. PROPERTY
This Development Plan ( "Plan ") covers approximately 20.94 acres of land, located
-4-
within the city limits of Round Rock, Texas, and more particularly described by metes
and bounds in Exhibit "A ".
3. EFFECTIVE DATE
Prior to the effective date of this Agreement, (i) the Property was zoned "LI ", and (ii)
the City Council approved this Agreement subject to all of the terms and conditions
contained herein. Notwithstanding the base zoning district identified for the Property
in Section 5.1, and notwithstanding Sections 6 (Permitted Uses) and 7 (Prohibited Uses)
below, all "LP" zoning district permitted uses and all applicable regulations shall be
allowed on the Property until the closing (i.e., delivery of title and purchase funds) of
the sale of the Property by McNeil Consumer & Specialty Pharmaceuticals, a division of
McNeil -PPC, to Cerco Development, Inc. or its assigns pursuant to the contract between
them (the "Sale "), on which Sale date all of Sections 5 through 17 of this Agreement
shall apply. The purchaser at the Sale shall submit to the City an affidavit in the form
attached hereto as Exhibit "F" stating that the Sale has occurred.
4. 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.
5. APPLICABILITY OF CITY ORDINANCES
5.1 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. Except as provided otherwise in this Agreement,
the base zoning district for the Property is "C -1" (General Commercial).
Notwithstanding the foregoing, 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.
-5-
5.2 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.
6. PERMITTED USES
The base zoning district for the Property shall be "C -1" (General Commercial) under the
Code, subject to the terms of this Agreement. The Property shall be developed for use
as a single destination retail use occupying a building of at least 252,000 square feet
(including any ancillary uses inside the building) that is expected to draw its customer
base from an approximately 75 -mile or more radius centered on the building.
The Property may be used for periodic temporary outdoor sales events, such as
Christmas tree sales, patio furniture sales, etc., and such use does not require a
temporary use permit from the City, provided such sales events are ancillary to a
permitted primary use, and provided further that such sales events occur no more often
than four (4) times per year, and no longer than fifteen (15) days per event.
Development standards for outdoor sales specified in the Code shall apply to these
sales events. The area to be used for such outdoor sales events shall be designated on
plans submitted in connection with site plan approval and shall not cause the loss of
any designated parking spaces. If outdoor sales events utilize sidewalk space, a
minimum width of five (5) feet of the sidewalk must remain clear of obstructions to
allow unimpeded pedestrian movement.
The following principal uses are permitted on the Property:
• Retail Sales and Services (as a single destination retail use as described above)
• Wireless Transmission Facility, Stealth
• Wireless Transmission Facility, Attached
• Park, Private
• Park, Linear /Linkage
• Park, Regional /Community
• Park, Neighborhood
The following uses are permitted as ancillary uses in the primary building:
• Eating Establishments
• Day Care
In connection with a recycling use ancillary to a permitted use (which recycling use is
hereby permitted as and to the extent described in this paragraph), Owner may locate
and maintain up to two (2) .thirty-foot (30') trailers at the rear of the building for
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recycling purposes. Such trailers may be moved to and parked at the dock doors, at
Owner's option, to permit loading/ unloading.
7. PROHIBITED USES
The following uses are prohibited on the Property except as otherwise noted:
• Amusement parks or carnivals
• Automotive & machinery repair
• Automotive & machinery services
• Automotive & machinery washes
• Automotive parts sales
• Automotive rental
• Automotive sales
• Billiard parlors & pool halls
• Boat sales
• Camper sales
• Campgrounds
• Donation centers
• FIea markets
• Gasoline & fuel sales
• Grocery stores
• Heavy equipment sales, rental & leasing
• Industrial building sales
• Kennels
• Manufactured home sales
• Mini warehouses
• Pawn shops
• Portable building sales
• Recreational vehicle parks
• Recycling centers (as primary use; permitted as ancillary use as described above)
• Sale of used goods (except antiques and estate sales)
• Self- Storage
• Sexually oriented businesses
• Shooting ranges
• Tattoo parlors
• Truck service or repair
• Truck stops
• Trucking terminals
• Video arcades
• Wireless Transmission Facility, Self- Standing
8. ADDITIONAL USES
All other uses that are not specifically addressed in this ordinance will require an
amendment in accordance with Section 15, below.
9. EXPANDED DEVELOPMENT
Owner may request, and the City will at that time consider in accordance with Section
15, below, a future expansion of the enclosed area of the primary building originally
constructed by up to 50,000 square feet, which additional enclosed area may be
proposed as expansions of one or more of the then existing sides of such building. Any
such request by Owner shall include a description of how such an expansion will satisfy
site planning concerns, including with regard to parking, traffic circulation,
landscaping, and design features of the building.
10. LANDSCAPING
In accordance with Section 11.314 of the Round Rock Zoning Ordinance, the following
landscaping and buffering standards shall apply to those portions of the Property
addressed below instead of otherwise applicable Code sections, City regulations or City
policies. All other landscaping issues not specifically addressed in this Section 10 shall
be regulated by applicable Code sections, City regulations or City policies.
10.1 General Requirements
As an alternative to the street yard requirements established in the Round Rock
Zoning Ordinance, the Property shall offer the following landscape amenities:
• Enhanced entry feature (as shown in Exhibits C -1 and C -2).
• Enhanced landscaping along the perimeter of the Property, particularly along
the IH -35 frontage road and Chandler Road (as shown in Exhibits C -1, C -3,
C-4, C -5 and C-6).
• Additional islands and medians in and along drives and in the parking areas
(as shown in Exhibit C -1).
• Additional screening of service area (as shown in Exhibits C -1, C -5 and C -6).
Trees shall be planted to avoid interference with streetlights, signage and other
fixtures.
Trees shall be kept out of street intersection sight triangles at a minimum of
thirty-five (35) feet by thirty -five (35) feet as measured from the face of curb.
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Trees shall be planted no less than five (5) linear feet from City water and
wastewater lines.
Trees shall be planted no less than five (5) linear feet (whether horizontal or on
an angle) from fire hydrants.
Caliper size, height, measurement and other specifications referenced in this
Agreement shall be as specified in the Round Rock Zoning Ordinance, the Round
Rock Tree Standards Technical Manual and the Overall Landscape Plant Palette,
attached hereto as Exhibit "C -7 ".
10.2 Entry Feature Landscaping
A landscaped median island between fourteen (14) feet and fifty (50) feet in
width, as measured from back of curb to back of curb, shall be provided down
the centerline of the primary entrance drive, substantially in accordance with
Exhibits "C -1" and "C -2 ".
At a minimum, landscaping in the entry median island, as it is identified in
Exhibit "C -2 ", shall consist of an average of one (1) small tree per 30 linear feet of
the entry median island plus ornamental grasses, ground covers and shrubs as
conceptually depicted in Exhibit "C -2 ".
At a minimum, landscaping in both sides of the entry planting area, as it is
identified in Exhibit "C -2 ", shall consist of an average of one (1) large or medium
tree per 50 linear feet of planting area plus ornamental grasses, ground covers
and shrubs as conceptually depicted in Exhibit "C -2 ".
Landscaping adjacent to other driveway entrances that are outside the boundary
of the Property shall include small trees, shrubs and grasses and shall be
consistent with the overall landscape design theme for each entrance.
10.3 Enhanced Perimeter Landscaping
A license agreement from the City and /or TxDOT is required prior to any
improvements in the public right -of -way.
Landscaping between the primary entrance drive and Chandler Road shall be in
accordance with Exhibits "C -3" and "C-4 ", and shall include, at a minimum, an
average of one (1) large tree per 20 linear feet, one (1) conifer per 35 linear feet,
and one (1) small tree per 10 linear feet. Shrubs, grasses and groundcover shall
be planted as conceptually depicted in Exhibits "C -3" and "C4".
-9-
Landscape and irrigation within TX DOT right -of -way shall be installed,
irrigated, and maintained by means, methods and standards as governed by TX
DOT.
10.4 Service Area Screenin •
As depicted in Exhibits "C -5" and "C -6 ", a screening wall shall be provided
along Chandler Road behind the service area. The screen wall shall be a
minimum of seven (7) feet in height. The side of the screen wall facing Chandler
Road shall have a stone face similar to the stone required for buildings in PUD's
59 and 60, as conceptually depicted in Exhibit "C-8 ".
Landscaping in front of the screen wall and along Chandler Road shall be in
accordance with Exhibits "C -5" and "C-6 ", and shall include, at a minimum, an
average of one (1) large tree per 35 linear feet, one (1) conifer per 60 linear feet,
and one (1) small tree per 40 linear feet. Shrubs, grasses and groundcover shall
be planted as conceptually depicted in Exhibits "C -5" and "C -6 ".
Landscape buffer and screening requirements established in the Code for
ground- mounted equipment, dumpsters, trash receptacles, refuse storage
containers, loading docks, substations, large utility cabinets, and similar
structures located behind the screen wall shall not apply to the Property.
The City shall assume responsibility to replace any landscaping removed in the
gas line easement shown in Exhibit "C -9 ", if, because of the actions of the owner
of said gas line easement, any or all of said landscaping is removed and not
replaced by the owner of said gas line easement. Further, in the event, but only
to the extent, that the owner of said gas line easement legally prevents the
planting of some or all of such landscaping, the landscaping required in this
Section 10.4 may be modified as a minor amendment in accordance with Section
15.1 as long as adequate screening is provided through the use of higher
quantities of smaller plantings, screen walls, decorative trellises or other
landscape features.
10.5 Open Space
All areas which do not contain buildings, structures, parking lots, sidewalks, site
furniture or other improvements, including, but not limited to, front, side and
rear building set back areas, and all areas between the curb line and the property
line, must be planted and landscaped in accordance with this Section. All such
landscaped areas not planted in groundcover or shrub beds shall be planted in
grasses. Over seeding in fall with cool season native grasses is allowed.
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Utility easements shall be landscaped consistent with other landscape areas, to
the extent allowed by the respective utility company.
11. SIGNAGE
Except to the extent that this Agreement provides for signage regulation that is in
conflict with the Code, the signage regulations of the Code shall apply to the
Property. In the event of a conflict between the Code and this Agreement, the
provisions of this Agreement shall control.
For purposes of this Agreement, "sign area" is defined as the number of square
feet contained within the smallest single polygon that will encompass the actual
lettering and any logo on one face of the sign (a logo may be measured using a
separate polygon or circle from that containing the lettering). The portions of a
structure on which the sign is located are not counted as part of the sign area
provided they are not contained within the polygon.
Unless otherwise provided herein, all free - standing signage on the Property shall
be powder coated aluminum framed with galvanized steel posts and shall be
externally illuminated.
With the exception of the Highway Sign permitted in Section 11.10, changes in
the location or appearance of signs described in this Section 11, as well as
changes in the number, size, or height of signs that differ no more than ten
percent (10 %) from the standards set forth below may be administratively
approved by the Zoning Administrator.
11.1 Location
All signs on the Property shall be located and spaced in accordance with the
provisions of this Agreement and generally as shown in Exhibit "D - 1" and "D-
2". Any and all setback requirements of Table 3.1403 of the Code shall be
deemed satisfied if signage is located in accordance with this Agreement.
All Entrance Signs, Information Signs, and Family Friendly Signs (as described
below) shall be located on a landscaped island, median or other landscaped area
on the Property.
11.2 Entrance and Exit Sips
For the purposes of directing traffic to the entrances and exits of the store and of
providing information on store hours, five (5) double -sided Entrance and Exit
Signs may be installed and maintained by Owner at the approximate locations
11-
shown in Exhibit "D -1" for signs la, 2a, 2b, 2c and 3a.
Entrance and Exit Signs shall not exceed fifteen (15) feet in height.
The face or sign area of each Entrance and Exit Sign shall not exceed ninety (90)
square feet.
Approximate sign dimensions for sign la are shown in Exhibit "D -3" in diagram
1. Approximate sign dimensions for signs 2a, 2b and 2c are shown in Exhibit "D-
3" in diagram 2. Approximate sign dimensions for sign 3e are shown in Exhibit
"D -3" in diagram 3.
Example sign content for signs la, 2a, 2b, 2c and 3a is shown in Exhibit "D -5 ".
Entrance and Exit Signs shall be externally illuminated, as shown in Exhibit "D-
3" in diagrams 1, 2 and 3.
11.3 Information Signs
For the purpose of providing purchasing information, three (3) double -sided
Information Signs may be installed and maintained by Owner within one
hundred fifty (150) feet of the front doors of the building, generally located as
shown in Exhibit "D -1" for signs 4a, 4b and 4c.
Information Signs shall not exceed eleven (11) feet in height.
The face or sign area of each Information Sign shall not exceed forty -two (42)
square feet.
Approximate sign dimensions for signs 4a, 4b and 4c are shown in Exhibit "D -3"
in diagram 4.
Example sign content for signs 4a, 4b and 4a is shown in Exhibit "D -5 ".
Information Signs shall be externally illuminated, as shown in Exhibit "D -3" in
diagram 4.
11.4 Service Signs
For the purpose of advertising special services offered by the store, seven (7)
double -sided Service Signs may be installed and maintained by Owner at the
approximate locations shown in Exhibit "D -1" for signs 5a, 5b, 5c and 5d.
-12-
Service Signs shall not exceed eleven (11) feet in height.
The face or sign area of each Information Sign shall not exceed thirty (30) square
feet.
Approximate sign dimensions for signs 5a, 5b, 5c and 5d are shown in Exhibit
"D -3" in diagram 5.
Example sign content for signs 5a, 5b, 5c and 5d is shown in Exhibit "D-6 ".
Service Signs shall be externally illuminated, as shown in Exhibit "D -3" in
diagram 5.
11.5 Family Friendly Parking Signs
For the purpose of identifying a special parking area for families, three (3)
double -sided Family Friendly Parking Signs may be installed and maintained by
Owner at the approximate locations shown in Exhibit "D -1" for sign 6a.
Family Friendly Parking Signs shall not exceed seven (7) feet in height.
The face or sign area of each Family Friendly Parking Sign shall not exceed
twelve (12) square feet.
Approximate sign dimensions for sign 6a are shown in Exhibit "D -3" in diagram
6.
Example sign content for sign 6a is shown in Exhibit "D -6 ".
Family Friendly Parking Signs shall not be externally illuminated by lighting
associated with the signs.
11.6 Loading Zone Signs
For the purpose of identifying the loading zone, five (5) double -sided Loading
Zone Signs may be installed and maintained by Owner at the approximate
locations shown in Exhibit "D -1" for sign 7a.
Loading Zone Signs shall be hung at a height not less than twelve (12) feet above
finished grade.
The face or sign area of each Loading Zone Sign shall not exceed twelve (12)
square feet.
-13-
Approximate sign dimensions for sign 7a are shown in Exhibit "D -3" in diagram
7.
Example sign content for sign 7a is shown in Exhibit "D -6 ".
Loading Zone Signs shall not be externally illuminated by lighting associated
with the signs.
11.7 Cart Return Signs
For the purpose of identifying cart return areas, double -sided Cart Return Signs,
may be installed and maintained by Owner in the cart return areas in the
approximate locations shown in Exhibit "D -1" for signs 8a, 9a and 9b.
Cart Return Signs shall not exceed ten (10) feet in height.
The face or sign area of each Cart Return Sign shall not exceed eighteen (18)
square feet.
Approximate sign dimensions for signs 8a, 9a and 9b are shown in Exhibits "D-
3" and "D-4" in diagrams 8 and 9.
Example sign content for signs 8a, 9a and 9b are shown in Exhibit "D -6 ".
Cart Return Signs shall not be externally illuminated by lighting associated with
the signs.
11.8 Parlcing Aisle Identification Sims
For the purpose of identifying parking aisles, Parking Aisle Identification Signs
may be installed and maintained by Owner in the parking areas as conceptually
depicted in Exhibit "D -2" for signs 10a, 10b and lOc.
Parking Aisle Identification Signs shall not exceed twenty (20) feet in height and
shall be hung at a height not less than twelve (12) feet above finished grade.
The face or sign area of each Parking Aisle Identification Sign shall not exceed
twenty-two (22) square feet.
Approximate sign dimensions and example content for signs 10a, 10b and 10c are
shown in Exhibit "D -7 ".
-14-
Parking Aisle Identification Signs shall not be externally illuminated by lighting
associated with the signs.
11.9 Flags
For the purpose of identifying the entrances to the Property, Flags may be
installed and maintained by Owner in the approximate locations shown in
Exhibit "D -2 ".
Flags shall not exceed thirty (30) feet in height and shall be hung at a height not
less than twelve (12) feet above finished grade.
The face of each flag shall not exceed sixty (60) square feet.
Approximate flag dimensions and example content for the flags are shown in
Exhibit "D-8 ".
11.10 Highway Sign
For the purpose of identifying the site from IH -35, one (1) pylon sign located
along IH -35 in the area shown on Exhibit "D -2" may be installed and maintained
by Owner. Such a sign pole may not exceed ninety (90) feet in height, with the
top of the sign itself no more than eighty (80) feet from the ground. At Owner's
election, such sign may have three sides, and the retail identification sign face on
each side, whether two or three, may not exceed twelve by fifty feet (12' x 50').
Approximate sign dimensions and example content for the Highway Sign are
shown in Exhibit "D -9 ".
11.11 Building Signage
Notwithstanding any otherwise applicable provision of the Code to the contrary,
building signage, including a fifteen by forty -five foot (15' x 45') banner sign,
shall be designed, sized and located generally in accordance with Exhibit "D-
10", attached hereto for illustrative purposes but not as a precise signage plan.
12. DESIGN STANDARDS
Except as may be specifically set forth to the contrary in this Agreement, the
Property shall be developed pursuant to the design, compatibility, height, buffer
yard, and all other standards (but not the use categories) applicable to the "C -1"
zoning district under the Code; provided, however, that the Owner may elect to
adopt more restrictive standards for any given aspect of such development.
-15-
12.1 Exterior Surfaces
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, or as otherwise provided herein)
Exterior walls may consist of brick, stone, stucco, decorative concrete masonry
unit (CMU), split face concrete block or concrete tilt wall, or similar material
approved in writing by the Zoning Administrator. Painted pre- finished metal
architectural panels may be used as decorative features, for example to highlight
the entrance area of a building. Unfinished concrete (painted or unpainted) may
be used around the base of the primary building up to a maximum height of
forty inches (40 ") above finished floor elevation.
The primary building may be painted in a color scheme that constitutes trade
dress or advertising for the occupant of such building, and shall not be counted
against any signage area allotments or limits otherwise applicable to the
Property.
12.2 Building Design
The primary building shall not be required to have at least fifteen percent (15 %)
of a wall facing a public street consist of windows and /or entrance areas, and no
walls of such building shall be required to include details that create shade and
cast shadows.
Notwithstanding any provision of the Code to the contrary, the primary building
is not required to include architectural offsets as described in Section 11.409(4)(e)
of the Code, and may, at Owner's option, include uninterrupted lengths in excess
of one hundred feet (100').
In addition, sidewalks are not required along the western boundary of the
Property abutting the IH -35 frontage road.
13. UNDERGROUND UTILITY SERVICE
Except where approved in writing by the Chief of Public Works Operations, all
-16-
electrical, telephone and cablevision distribution and service lines, other than overhead
lines that are three phase or larger, shall be placed underground. All transformers must
be visually screened.
14. DRIVEWAY ACCESS AND CIRCULATION
14.1 Driveway Access
Driveway access shall be permitted in accordance with the approved Traffic
Impact Analysis on file with the Director of Transportation Services and
generally in accordance with the locations depicted in Exhibit "E ", subject to site
plan approval.
14.2 Driveway Throat Lengths
Primary driveways off of the public rights -of -way adjacent to the Property, as
"primary" is determined by the City of Round Rock Director of Transportation
Services (Director), shall provide a minimum driveway throat of one hundred
(100) feet. No parking spaces or internal access drives shall intersect with such
primary driveways within this throat unless otherwise approved by the Director
in connection with site plan approval. Throat length of primary drives shall be
measured from edge of pavement.
14.3 Drive Aisles
Main drive aisles serving for both primary circulation and parking or
loading /unloading shall have a minimum width of thirty (30) feet. All other
two -way drives shall have a minimum width of twenty -four (24) feet. All drives
shall meet minimum standards required by the City of Round Rock Fire
Department.
15. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN
15.1 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.
15.2 Major Changes
All changes not permitted under Section 15.1 above shall be resubmitted
-17-
following the same procedure required by the original PUD application.
16. CONCEPT PLAN APPROVED
Approval of this Agreement constitutes Concept Plan approval under the City
Subdivision Ordinance.
17. GENERAL PLAN 2000
This Agreement amends the Round Rock General Plan 2000, which was adopted on
June 10, 1999.
Cerco Development, Inc.
By:
Name:
Title:
Date:
CITY OF ROUND ROCK, TEXAS
By:
Nyle Maxwell, Mayor
ATTEST:
By:
Christine Martinez, City Secretary
-18-
LIST OF EXHIBITS
EXHIBIT DESCRIPTION
Exhibit "A" Metes and Bounds Description of Property
Exhibit "B" Lien Holder Consent
Exhibit "C -1" Overall Landscape Concept Plan
Exhibit "C -2" Entry Feature Landscaping
Exhibit "C -3" Enhanced Perimeter Landscaping (Plan)
Exhibit "C -4" Enhanced Perimeter Landscaping (Profile)
Exhibit "C -5" Service Area Screening (Plan)
Exhibit "C-6" Service Area Screening (Profile)
Exhibit "C -7" Representative Plant Palette
Exhibit "C -8" Masonry Theme for PUD's 59 and 60
Exhibit "C -9" Existing Gas Line & Easement
Exhibit "D -1" Signage Locations (Signs la - 9b)
Exhibit 'D -2" Signage Locations (Signs l0a -10c, Flags, Highway Sign)
Exhibit "D -3" Sign Dimensions (Signs la - 8a)
Exhibit "D-4" Sign Dimensions (Sign 9)
Exhibit "D -5" Sign Example Content (Signs la - 4c)
Exhibit "D -6" Sign Example Content (Signs 5a - 9b)
Exhibit "D -7" Parking Aisle Identification Signs
Exhibit "D -8" Flags
Exhibit "D -9" Highway Sign
Exhibit "D -10" Building Signage
Exhibit "E" Driveway Access
Exhibit "F" Affidavit of Sale
-19-
EXHIBIT A
METES AND BOUNDS DESCRIPTION OF PROPERTY
Office: 512 -481 -9602
Fax: 512- 330 -1621
Page 1 of 2
Waterloo Surveyors Inc.
EXHIBIT "A"
July 20, 2005
FIELD NOTES
FIELD NOTES 20.94 ACRES OF LAND, MORE OR LESS, OUT OF THE EPHAIM EVANS SURVEY,
ABSTRACT NO. 212, IN WILLIAMSON COUNTY, TEXAS, SAME BEING OUT OF THAT CERTAIN
94.39 ACRE TRACT OF LAND DESCRIBED IN VOLUME 657, PAGE 659, DEED RECORDS, TRAVIS
COUNTY, TEXAS, AND FURTHER BEING ALL OF LOT 1, BLOCK A, "FINAL PLAT OF EAST
CHANDLER RETAIL CENTER ", A PROPOSED SUBDIVISION IN WILLIAMSON COUNTY, TEXAS;
FOR WHICH A MORE PARTICULAR DESCRIPTION BY METES AND BOUNDS IS AS FOLLOWS:
BEGINNING at a point on the east R.O.W. of Interstate Highway 35 on the west line of said 94.39 acre tract at the N.W.
corner of Lot 1, Block A, "FINAL PLAT OF EAST CHANDLER RETAIL CENTER ", for the N.W. corner hereof, from
which point an "X" found in concrete on the east R.O.W. of Interstate Highway 35 at the N.W. corner of said 94.39 acre
tract bears N14 °46'52 "E at a distance of 25.79 feet;
THENCE the following twelve (12) courses and distances crossing said 94.39 acre tract along the exterior boundary of
Lot 1:
1. N96° 17' 21 "E for a distance of 263.66 feet;
2. N75 °05'45 "E fora distance of 118.61 feet;
3. N69 °17'21 "E fora distance of 268.81 feet;
4. S65 °39'07 "E for a distance of 37.56 feet;
5. S20 °42'27 "E for a distance of 659.45 to a point of curvature of a curve curing to the right having a radius of 220.00;
6. 181.06 feet along the arc of said curve with a chord which bears NO2 °51' 17 "E for a distance of 275.99 feet to the
point of tangency of said curve;
7. S26 °25'55 "W for a distance of 77.45 feet to the point of curvature of a curve curving to the right with a radius of
158.15 feet;
8. 118.42 feet along the arc of said curve with a chord which bears N47 °51'41 "E for a distance of 115.67 feet;
9. S69 °17'40 "W for a distance of 685.32 feet to the point of curvature of a curve curving to the right having a radius of
406.00 feet;
10. 175.74 feet along the arc of said curve with a chord which bears S81 °41'23 "W for a distance of 174.37 feet to the
point of a reverse curve curving to the left with a radius of 263.86 feet;
11. 27.79 feet along the arc of said curve with a chord which bears N89 °03'09 "W for a distance of 27.77 feet to the point
of tangency of said curve;
12. S88 °03'22 "W for a distance of 71.42 feet to a point on the east R.O.W. of Interstate Highway 35 at the S.W. comer
of Lot 1;
THENCE the following three (3) courses and along the west R.O.W. of Interstate Highway 35:
1. NO2 °03'55 "W for a distance of 192.00 to a concrete highway monument found at the point of curvature of a curve
curving to the right with a radius of 1095.90 feet;
P.O. Box 160176
Austin, Texas 78716 -0176
Thomas P. Dixon
R.P.L.S. 4324
J9802FN1
Oice:512481 -9602
Fax: 512-330-1621
Page 2 of 2
J
Thomas P. Dixon R.P.L.S. 4324
Waterloo Surveyors Inc.
EXHIBIT °A"
July 20, 2005
FIELD NOTES
P.O. Box 160176
Austin, Texas 78716 -0176
Thomas P. Dixon
R.P.L.S. 4324
J9802FN1
2. 398.72 feet along the are of said curve with a chord which bears N08 °19'14 "E for a distance of 396.52 feet to a
concrete highway monument found at the point of tangency of said curve;
3. N14 °46'52 "E for a distance of 435.92 feet to the POINT OF BEGINNING, containing 20.94 acres of land.
I, the undersigned do hereby certify that the field notes hereon were prepared from an actual on- the - ground survey
under my direct supervision and that they are true and correct to the best of my knowledge.
F1-11.0 SCALE
1500'
of 3 Stock
0.83 acres LOT 1
Lot 2 Stock
4250 acres
Lot 1 Block A
FHM 20,94 *ants
L31 N 242053 E
cutvE 1 RADIUS 1 LENGTH 1 GHORD
1095.90 398472' 396.52'
ieLOS'
L22 5 02'0355 E 134.53
L23 5 02'0355 E 19 .00
L24 N 144E52 E 435.92
1.25 N 14'46'52" E 25.79'
L26 N 691721" E 263.86'
L27 N 7505'45 E 118.61'
C3 156.15 116,42 115.67 N4751 41
C4 406.00' 17 .74' 174.37 N 61.141'23 E
7.7 N 'CP Wi
C5 25348.
SURVEY PLAT CEGENci J91302FP;N
LEGAL DESCRIPTION:
20.94 ACRES OF LAND, 1.40R E CR LESS, OUT OF THE EPHAIN EVANS FOUND IRON ROD FIR
SURVEY, ABSTRACT NO, 212, IN WILUANSON COUNTY, TEXAS. AND SET IRON R00 SIR
gEING OUT OF THAT CERTAIN 94.39 ACRE TRACT OF LAW DESCRIBEDF HIGHWAY MONUMENT FHIA FC)UNCr IRON PIPE F1P
OUND
VOLUME 657, PAGE 659, DEED RECORDS, WILUARSON COUNTY,
IEXAS, AND BEING ALL OF LOT 1, 131.01:1‹ A, "FINAL PLAT OF EAST POINT OF 8EGINNIN1 P013
CHANDLER RETAIL CENTER", A PROPOSED SU: NIVISION
WILLIAMSON COUNTY. TEXAS,
Found "X" IN EONC
N.W. CQOPINER
657/659
(94.39 ac)
LINE
City of Round Rock
778/330
(14.64 ac)
F r c o' u olod
N.W. CORNER 8k 13.
871/374 City of Round Rock
(2.0 ac) 871/374
(2.0 ac) • cund
COMM AND DISTANCE CALLS City of Round Rock Iron Rod
RECTION DISTANCE 871/369 S.W. CORNER
(2.32 ac) 951/17
1.20 N 611111 W 173,14'
21 023 E 112.87 '
23935 W 23.
5
39'C407 W 1,506'
LB 5 6779'15 W 113.42
L 7 5 54'5723" W 373,
5 2215'39 w 20:15'
0924
0 5 0736'56" E 79.37'
111 S 18'22 W 44.30'
5 351554' E 226.60'
L13 5 6817'04" W 137.20'
114 5 6310'3e W 238,38'
5 842351 W 164.55
1 71'07'09 W 229.86'
I.17 Pi 34'45'51" V/ 530.13'
L18 S 7523'51 W 171.67
N 52
.114, P4 89 E
244.93'
-1 4
0
r rit
0 (10
LA 0 -1
a to z
0
Z
L.1 03 z
u
zCII
Z 0
Op -I
m
4
0 I-
Found 0
Iron Rod -I
N,E. CORNER
951/17
(2.0 ac)
"The undersigned does hereby
certify that the sketch hereon
woS prepared from an actual
on-the-ground survey and that
It is true and correct to the
best of my knowledge on this
the 15th do of August, 2005.
P. Dior 4324
1.32 k " 563.47
L33 k 65245
NEEL.rWIWLMinMgarM
1.35 ,„0
L36 N 71,42
I G
EXHIBIT B
LIEN HOLDER CONSENT
There is no lien holder of record with regard to the Property as of the date of this
Agreement.
EXHIBIT C
LANDSCAPING
Exhibit "C -1" Overall Landscape Concept Plan
Exhibit "C -2" Entry Feature Landscaping
Exhibit "C -3" Enhanced Perimeter Landscaping (Plan)
Exhibit "C -4" Enhanced Perimeter Landscaping (Profile)
Exhibit "C -5" Service Area Screening (Plan)
Exhibit "C -6" Service Area Screening (Profile)
Exhibit "C -7" Representative Plant Palette
Exhibit "C -8" Masonry Theme for PUD's 59 and 60
Exhibit "C -9" Existing Gas Line & Easement
512,38. FIgl1phone
SERVICE AREA SCREENING'
LANDSCAPING, REFER TO C -5
ENHANCED PERIMETER
LANDSCAPING, REFER TO C -3
LANDSCAPE
ENTRY FEATURE
REFER TO C -2
PRIMARY
ENTRANCE
DRIVE
CtiARDI£R ROAD
LANDSCAPE MEDIAN,TYP
USER - LOT 1
LANDSCAPE MEDIAN,TYP
LANDSCAPE ISLAND,TYP
LIMESTONE SCREEN WALL
REFER TO C -8
LOT BOUNDARY, TYP.
User - Lot 1
Overall Landscape Concept Plan
EXHIBIT C -1
riEl _
NORTH
0' 50' 100' 200'
DATE: AUGUST 2, 2005
o;n dee: .e- hie apd . is,;J,:ect to rnargc,
2.17=t1t •
^mm • • -• ^ ^ -v.
ENTRY MEDIAN ISLAND
SMALL TREE, TYP
PARKING
_SCREENING, TYr:
EXISTING TREE ,
TO REMAIN,TYP
PARKING, TYP.
\ \
\ \
1-35 FRONTAGE ROAD
User - Lot 1
Entry Feature Landscaping
EXHIBIT C-2
PARKING
SCREENING, TYP
ENTRY FLAG FEATURE,TYP
2
9,7
NORTH .7
r 3
L-•
0' 25' 50' ,•''
DATE: AUGUST 2, 2005
a,c1 Jf s,b.,,C to change.
12.236.8914pnwe
LARGE TREE, TYP.
-- 4 5 PROXT - 540''
EVERGREEN CONIF R, TYP
SMA
VARIOUS UTILITY EASEMENTS
PARKING
User - Lot 1
Enhanced Perimeter Landscaping (Plan)
EXHIBIT C-3
BUILDING SERVICE AREA Et
LOADING DOCKS.
73.
NORTH
7%077
0 20' 40' 80'
DATE: AUGUST 2, 2005
4,1 s%sn, ba,si Irons sannssas dearnea rE-siat, and Is Is snisect E4 change,
4.1NWI:11ACC,„..
7
3 py,
k FRONTAGE ROAD'
35' :
30'
25
20'
15'
10'
5
0'
MOT
100.0'
User - Lot 1
II PI It I ,
1 1
: .
L 1
1 1
I PAR5152
1'1 I
4L +_
I I
I I
7.5' TELEPHONE ESMT.
SOUTHWESTERN RELL •
15' UTILITY ESMT_
rx. POWER LIGHT
20 WATER Et WASTEWATE
30 GAS PIPELINE
EASEMENT
A,125(11 5110
Enhanced Perimeter Landscaping (Profite)
EXHIBIT C-4
•
i
200
DATE AUGUST 2, 2005
i5 ba,K1 and is is ,biect 10 23030*,
[1]
K .
a
NORTH
7L
0' 10' 20'
LARGE TREE, TYP.
EVERGREEN CONIFER, TYP.
_ _SMALL TREE, TYP._
LARGE SHRUBS, TYP.
LOW ORNAMMINTAL GRASSES
€ONCRE E RIBBON CURB
$and
512 ,313,912.,11
APPROX. 340 L.F.
APPROX. 680 L.F.
7 LIMESTONE ROCK SCREEN
WALL, REFER TO C -8 AND C 9
BUILDING SERVICE AREA Ft
� I n LOADING DOCKS.
I vy
User - Lot 1
Service Area Screening (Plan)
EXHIBIT C -5
USER BUILDING
PARKING
CHANDLER ROAD
FUTURE ROW
2-]
NORTH
0' 20' 40' 80 F
DATE: AUGUST 2, 2005
All information show is based from sources deemed reliable and is is subject ro change.
to ammo, ma;m•mie
st2 2.36 89■2KM-ro
CHANDLER R ROAD • R.O.W.IRPANSI011
LANDSCAPE
DRIVE ISLE
TRUCK MONUVERING AREA
User - Lot 1
srm
Service Area Screening (Profile)
EXHIBIT C-6
LOADING DOCK AREA
MCNEIL BUILDING
DATE AUGUST 2, 2005
ioforroatiori tito, 15 Oo,ott 5rt4 t tobtect to 1;p
1
Oo
-7;
t. •
SECTION B-B':
iI
NORTH . 7.
1.."1M 1
REPRESENTATIVE LARGE & SMALL TREES
main neets.200
a. SHADE TREES - 3" to 6" CAL. - CONT. or B &B
LIVE OAK - QUERCUS VIRGINIANA
MONTERREY OAK - QUERCUS POLYMORPHA
TEXAS RED OAK - QUERCUS TEXANA
CEDAR ELM - ULMUS CRASSIFOLIA
CHINKAPIN OAK - QUERCUS MUEHLENBERGII
BUR OAK - QUERCUS MACROCARPA
BOSQUE ELM - ULMUS PARCIFOLIA
b. CONIFER TREES - 3" to 6" CAL. - CONT. or B &B
ARIZONA CYPRESS - CUPRESSUS ARIZONICA
LEYLAND CYPRESS - CUPRESSOCYPARIS LEYLANDII
AFGHAN PINE - PINUS ELDARICA
JAPANESE BLACK PINE - PINUS THUNBERGIANA
BALD CYPRESS - TAXODIUM DISCTICHUM
c. ORNAMENTAL TREES - 3" CAL. - 8' to 12' HEIGHT - CONT. or B &B
YAUPON HOLLY - ILEX VOMITORIA
TREE WAX MYRTLE - MYRICA CERIFERA
CRAPEMYRTLE - LAGERSTROMIA INDICA
TEXAS MOUNTIAN LAUREL - SOPHORA SECUNDIFLORA
TEXAS REDBUD - CERCIS CANADENSIS TEXENSIS'
FLAME LEAF SUMAC - RHUS LANCEOLATA
LILAC CHASTE TREE - VITEX AGNUS-CASTUS
NOTE ALL PLANTS TO BE CONSISTANT WITH CORR APPROVED PLANT LIST
Representative Plant Palette
EXHIBIT C -7
REPRESENTATIVE SHRUBS, GRASSES, VINES, & GROUND COVERS
User - Lot 1
a. SHRUBS - 5 GAL. - 24" TO 36" HEIGHT
PRIMROSE JASMINE - JASMINUM MESNYI
DWARF WAX MYRTLE - MYRICA PUSILIA
CONTONEASTER - COTONEASTER SP.
EVERGREEN SUMAC - RHUS VIRENS
RED YUCCA - HESPERALOE PARVIFLORA
SANDANKWA VIBURNUM - VIBURNUM SUSPENSUM
ROSEMARY - ROSEMARY OFFICINALIS
SOFT LEAF YUCCA - YUCCA RECURVIFOLIA
b. ORNAMENTAL GRASSES - 1 GAL. to 3 GAL. - 28" TO 30" HEIGHT
MAIDEN GRASS - MISCANTHUS SINENSIS
MUHLY GRASS - MUHLENBERGIA CAPILLARIS
GULF MUHLY GRASS - MUHLENBERGIA CAPILLARIS
BUTTERFLY IRIS - DIETES SP.
MEXICAN FEATHER GRASS - STIPA TENUISSIMA
c. PERENNIALS - 1 GAL. to 3 GAL. - 28" TO 30" HEIGHT
NEW GOLD LANTANNA - LANTANA CAMARA
CHERRY SAGE - SALVIA GREGGII
MEXICAN HEATHER - CUPHEA HYSSOPIFOLIA
MEXICAN BUSH SAGE - SALVIA LEUCANTHA
TRAILING LANTANA - LANTANA MONTEVIDENSIS
MEALY BLUE SAGE - SALVIA FARINACEA
d. VINES & GROUND COVERS - 4" POT 1 GAL. to 3 GAL. - 12" TO 18" HEIGHT
ASIAN JASMINE - TRACHELOSPERMUM ASIATICUM
'BIG BLUE' URIOPE - LIRIIOPE MUSCARI
GIANT LIRIOPE - LIRIOPE GIGANTEA
CLIMBING FIG - FICUS PUMILA
CAROLINA JESSAMINE - GELSEMIUM SEMPERVIRENS
MONKEY GRASS - OPHIOPOGON JAPONICA
STAR JASMINE - TRACHELOSPERMUM JASMINOIDES
CDRAL HONEYSUCKLE - LONICERE SEMPERVIRENS
NOTE: ALL PLANTS TO BE CONSISTANT WITH CORR APPROVED PLANT LIST
DATE: AUGUST 2, 2005
-.m3o sa,es ^nd Nchage
VIEW AT MAIM ENTNV
NEW iPPOI vANRINP d IH -96 NPpiH
SIMON ROUND ROCK PREMIUM OUTLETS •
EXHIBIT C -8: Masonry Theme for PUD's 59 and 60
EX /ST/NG
GAS UNE
30' GAS PIPELINE
� � /qt._
/I EASEMENT 741/371
1
/
/
/
30' GAS PIPELINE
EASEMENT 741/371
EX /SING
GAS LINE
EXISTING
GAS LINE
EXHIBIT C -9
EXISTING GAS LINE & EASEMENT
CHANDLER ROAD (COUNTY ROAD 114)
\ EX/ST1NC
GAS LINE
30' G4S PIPLZIN£
EASEMENT 741/371
LOT 1, BLOCK A
20.94 ACRES
EX 3030'
REGULATOR SITE I
LOT 2, BLOCK A
4250 ACRES
30' GAS PIPELINE
EASEMENT 741/371
EXISTING
GAS LINE
EXHIBIT D
SIGNAGE
Exhibit "D -1" Signage Locations (Signs la - 9b)
Exhibit "D -2" Signage Locations (Signs l0a -10c, Flags, Highway Sign)
Exhibit "D -3" Sign Dimensions (Signs la - 8a)
Exhibit "D -4" Sign Dimensions (Sign 9)
Exhibit "D -5" Sign Example Content (Signs la - 4c)
Exhibit "D -6" Sign Example Content (Signs 5a - 9b)
Exhibit "D -7" Parking Aisle Identification Signs
Exhibit "D -8" Flags
Exhibit "D -9" Highway Sign
Exhibit "D -10" Building Signage
Signage
Locations
NOT TO SCALE
Exhibit D-1
Signage
Locations
SIGN BOARD OUTDOOR WITH LIGHT
1
a:-
SIGN BOARD OUTDOOR WITH LIGHT
DEVA
4
SIGN BOARD OUTDOOR HANGING
Or.
7
SIGN BOARD OUTDOOR WITH LIGHT
OEM
2
SIGN BOARD OUTDOOR WITH LIGHT
5
SIGN BOARD OUTDOOR WITH MOUNTING PLATE
DS.
CART CORRAL ANO SIGN BOARD
ok-c.
8
Sign
Dimensions
NOT TO SCALE
Exhibit D-3
SINGLE CART CORRAL AND SIGN BOARD
9
Sign
Dimensions
NOT TO SCALE
Exhibit D -4
bock
SIGN BOARD OUTDOOR WITH LIGHT
COMMUNICATION WON'
la
front
back
SIGN BOARD OUTDOOR WITH LIGHT
COMMLINIC■110,1 WOO
2b
front
bock
lin
BL yew • Ind
SIGN BOARD OUTDOOR
convonkcnnon wont
4a
boot
back
Ent' (Ince 800 feet
ahed
SIGN BOARD OUTDOOR WITH LIGHT
COOMANYOCION WOW
2c
front
Rein IA Iwo makill b. ftkile.
ii ,...f.....t.„,
%maw
back
SIGN BOARD OUTDOOR
COM1.4.11■314 YVON
4b
front back
SIGN BOARD OUTDOOR WITH LIGHT
COIMINJCATON MON
2a
SIGN BOARD OUTDOOR WITH LIGHT
Larawacknon
3a
front
bock
Mb CIL you an Icy il hockl
411 1e
IJSZIf
SIGN BOARD OUTDOOR WITH MOUNTING PLATE A,
COMMITKA110,1 W01.17
W
m
Sign
Example Content
NOT TO SCALE
Exhi bit D-5
front bock
front bock
from bock
Mk an Expo.'
*
USER'
Mk an Export
*
USER'
AMY awake
USER'
Awnblr Soak
USER'
Delivery Service
USER'
Delivery Soaks
USER'
1 0
SIGN BOARD OUTDOOR WITH MOUNT PPfAT
5a
SIGN BOARD OUTDOOR WITH MOUNTING ATE
g b
SIGN BOARD OUTDOOR WITH MOUNTING PLATTE
CW
5 C
from book
foam.
Fami friendly y
parking
hillai
from
Loa ing zone
Coma and IMO
I
111;
USER'
Come and play!
V
USER'
bock
bock
SIGN BOARD OUTDOOR WITH MOUNTING PLATE
a
5 d
SIGN BOARD HANGINGG
L �,
(JCJ
SIGN BOARD OUTDOOR
7
ham!
Iron!
noon
Cart return
J
Cart return
• _1i
Cart return
.Jf p
bock
book
book
Cart return
Cart return
DOUBLE CART CORRAL AND SIGN BOARD
Qa
SINGLE CART CORRAL AND SIGN BOARD
oa
SINGLE CART CORRAL AND G' GN BOARD
9b
Itt
Y
U
w
Sign
Example Content
•
NOT TO SCALE
Exhibit D-6
ai--6
f
f i
_
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DRIVEWAY ACCESS EXHIBIT E
NOTE:
DRNEWAY DESIGNATIONS AS PER APPROVED
TO. ON FIE WITH THE OILY OF ROUND ROCK
DIRECTOR OF TRANSPOR A11ON SERVICES
BEFORE ME, the undersigned authority personally appeared
known to me to be the person whose name is subscribed to this Affidavit,
of , which entity purchased the approximately 20.94 acres
described in City of Round Rock PUD No. 64 (the "Property"), who being duly sworn,
on oath, deposed and stated the following:
1. My name is . I am above the age of 18 years, of sound
mind, have never been convicted of a felony or crime of moral turpitude, and am fully
qualified to make this Affidavit.
2. I am authorized to make this Affidavit in the capacity of
of , a
owner of the Property that is described in the foregoing instrument ( "Owner ").
3. I have personal knowledge of the facts contained herein as general partner
of the Owner of the Property. On the basis of my personal knowledge, after diligent
inquiry, I hereby attest that, as of the date of this Affidavit:
On , the "Sale" described in City of Round Rock PUD No. 64,
Section II.3 occurred, pursuant to which Sale the Owner purchased the Property from
McNeil Consumer & Specialty Pharmaceuticals, a division of McNeil -PPC.
STATE OF
SIGNED, this day of
COUNTY OF
§
§
EXHIBIT F
AFFIDAVIT OF SALE
AFFIANT:
Subscribed, sworn to, and acknowledged before me on , by
Notary Public, State of
Rezoning from LI to PUD 64
20.94 Acres
Subject Tract
20,94 acres
DATE: September 1, 2005
SUBJECT: City Council Meeting — September 8, 2005
ITEM: 10.C.2. Consider an ordinance rezoning 20.94 acres of land out of the Ephraim
Evans Survey from District LI (Light Industrial) to District PUD No. 64
(Planned Unit Development). (IKEA Tract) (First Reading)
Department: Planning and Community Development Department
Staff Person: Jim Stendebach, Planning and Community Development Director
Justification:
This PUD is being created to further the City's vision for the Chandler /IH -35 intersection as a destination retail
center and to accommodate the unique needs of the proposed IKEA store. A summary of the PUD follows:
• Because the PUD will be approved prior to the purchase of the property, there is a special section that
allows the current owner (McNeil) to continue to operate under Light Industrial zoning until the
property is sold. Once the property is sold, the affidavit (Exhibit F) will be signed and presented to
the City and the PUD will then go into effect.
• The PUD is limited to one large retail user with eating establishments and day care permitted as
ancillary uses within the store. There is also a lengthy list of prohibited types of commercial uses.
• The PUD contains a section that speaks of a possible expansion of the building at some point in the
future. Please note that this is simply for the sake of notification and in no way permits this
expansion by right. Such an expansion would need to be reviewed by staff and presented to the P &Z
and Council as a major amendment to the PUD.
• Landscaping for the site is per ordinance with the exception of additional plantings at the entry and
along IH -35 and Chandler Road. A special screening wall has been added along a portion of Chandler
Road to ensure that the service area is adequately screened from view. This wall will have masonry
similar to what will be used for the Outlet Mall and the proposed HEB shopping center on the north
side of Chandler.
• The PUD includes a customized sign package based on the typical IKEA model.
• A number of exemptions from the C -1 (General Commercial) design standards have also been
included in the PUD. These exemptions are based on the size of the building, estimated to be a
minimum of 252,000 square feet. (By comparison, the new Wal -Mart on Hwy 79 is roughly 200,000
s.f. and the new HEB under construction at FM 1460 & Hwy 79 is 180,000 s.f.)
• Utilities are required to be underground.
• Driveway access has been established in accordance with the approved Traffic Impact Analysis.
• The PUD requires lengthy throat lengths to avoid traffic congestion.
• Main circulation drive aisles are wider than Code requires (30' instead of 26') and regular drive aisles
are slightly smaller (24' instead of 26'). These widths have been approved by the Development
Review Committee, which includes the Fire Dept., Public Works, Transportation, Planning, etc.
Fundina:
Cost: N/A
Source of funds:
N/A
Outside Resources: Doug Greenholz, Real Estate Manager, IKEA
Public Comment:
•
Background Information:
The property was annexed into the City and zoned for industrial use (McNeil Consumer & Specialty Pharmacy) in
1979. The existing McNeil buildings will be demolished this fall. On August 24, 2005, the Planning and Zoning
Commission rendered a favorable recommendation to adopt the PUD with the following two conditions:
1. That additional language regarding landscaping in the existing gas easement be added.
2. That the sketch accompanying the metes and bounds description for the property be corrected to show
the proper ownership for an adjacent property.
These conditions have been met and have been incorporated into the PUD document included with this analysis.
Notification was sent out to neighboring property owners and a public hearing was held on August 24, 2005, at a
special called meeting of the Planning and Zoning Commission.
Mayor
Nylc Maxwell
Mayor Pro -tem
Alan McGraw
Councilmembers
Rufus HO, ycuu
Joe Clifford
Carlos T Salinas
Scott Rhode
Kos Whitfield
City Manager
James R. Nuse, P.E.
City Attorney
Stephan L. Sheets
05 -L) -o
ADMINISTRATIVE AMENDMENT TO PUD 4, AMENDMENT No. 4
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
November 15, 2007
Lexor Homes, Inc.
P.O. Box 202304
Austin, TX 78720 -2304
Attn: Larry Magehee
Osvaldo Frias
25331 Orellano Way
Laguna Hills, CA 92653
Dear Mr. Magehee & Mr. Frias:
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII RMEN
6 PGS
2007099460
RE: Administrative Amendment to PUD 4, Amendment No. 4 — Driveway orientation
Further to your request for an administrative modification of the alternative driveway
design in PUD 4, Amendment No. 4 (Forest Creek), we have made the following
administrative amendments as provided for by Section 11.1 of the Agreement and
Development Plan.
• The following shall be inserted at the end of Section 3.3 — Garages, of Exhib
Permitted Uses and Development Standards:
Map C -1A contains an alternative design which shall be allowed for use on the
following lots where shared driveways are required: Lots 12 & 13, 14 & 15, 16 & 17
and 18 & 19. The location and construction of driveways shall be subject to the
review and approval of the City Engineer.
The City ofRound Rock may, but shall not be required to. restore or reconstruct
any portion Oa driveway that is disturbed due to future activity by the City to
construct, reconstruct or otherwise maintain the City's wastewater services to the
lots. Where the City of Round Rock elects to provide said restoration or
reconstruction, the City shall determine the limits of such restoration or
reconstruction, including the methods and materials to be utilized, and the City
shall not be held liable 10 exactly match the color, surface texture, or material of
that portion of the driveway not disturbed. Where the lot owner is not satisfied
with any driveway restoration or repair performed by the City that the City deems
satisfactory, or where the City elects not to restore or repair 0 driveway that is
disturbed, the lot owner's sole remedy shall be to provide the driveway
restoration or repair at his /her sole expense. The City of Round Rock shall not be
held liable for driveways constructed over any portion of a City wastewater
service. Not withstanding the foregoing, all driveways at the lots are privately
owned and the City ofRound Rock has no responsibility or liability to construct,
reconstruct, or otherwise maintain any portion of any driveway.
CITY OF ROUND ROCK PLANNING AND COMMUNITY DEVELOPMENT 301 W. Bagdad, Suite 250 • Round Rock, Texas 78664
Phone 512.2r8.5420 • Fax 512.218.3286 • www,roundrocktcxas.gov
ADMINISTRATIVE AMENDMENT TO PUD 4, AMENDMENT No. 4
The following sentence shall be inserted at the end of Section 8 — Parking, of Exhibit
"C" — Permitted Uses and Development Standards:
Additional guest parking spaces shall be provided within the landscape easement
identified on Map C -2. The parking spaces may be located within the easement on
the following lots: 12, 13, 14, 15, 16, 17, 18 and 19. A minimum of six guest
parking spaces shall be provided within the landscape easement. The location of the
guest parking spaces shall include protection of existing trees, as required by Section
5.3. The parking spaces within the landscape easement shall be maintained by the
Homeowners Association, as required by Section 5.3. Construction of the parking
spaces shall be required before a Certificate of Occupancy on the fifth lot is issued.
The location and construction of the guest parking spaces shall be subject to the
review and approval of the Director of Planning and the City Engineer.
Map C -1A (on following page) shall be inserted immediately following Map C1.
ADMINISTRATIVE AMENDMENT TO PUD 4, AMENDMENT NO. 4
- 1 'UASTE WATER
SERVICE-
' VERIFY
LOCATION
N FEI LO
WASTE W'ATER�
SERVICE -
VERIFY
IN �� 1
N FEILD
MAP C -1A
PLANE SHOWING ADDITIONAL PEIUUTSSD DRIVEWAY CONITCIRATION
ADMINISTRATIVE AMENDMENT TO PUD 4, AMENDMENT No. 4
The above amendment will allow for a minor modification to the driveway design on
Lots 12 & 13, 14 & 15, 16 & 17 and 18 & 19. This modification allows for an
alternative design for access. Guest parking spaces are also required,
Sincerely,
Stendebach, AICP
Director of Planning
Daniel Halden, P.E
City Engineer
THE STATE OF TEXAS
COUNTY OF WILLIAMSON §
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
Charles Crossfield
City Attorney
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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 1 P day of
, 2007.
1� gt_l LU V Y\ • '"�j1kck
/ Notary Public Signature
VIRGINIA M. MORENO
MY COMMISSION EXPIRES
January 11, 2008
BEFORE ME, the undersigned authority, on this day personally appeared Daniel IIalden,
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 t l day da of
�LCr�17a. , 2007.
Notary Public Signature
VIRGINIA M. MORENO
MY COMMISSION EXPIRES
January 11, 2008
ADMINISTRATIVE AMENDMENT TO PUD 4, AMENDMENT No. 4
THE STATE OF TEXAS §
COUNTY 00 WILLIAMSON §
BEFORN ME, the undersigned authority, on this day personally appeared Charles
Crossfield. known to me to be thc 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.
tI-
GIVEN UNDER MY HAND AND SEAL. OF OFFICE, this the d 9 -- day of
No' c,u �2P , 2007.
AGREED TO BY OWNER:
Lexor Homes, Inc.
THE STATE OF TEXAS
„ ry Magel e
uthorize Representative
COUNTY 00 WILLIAMSON §
L
Notary Public Signature
State of Texas
DIANE BUCK
Notary Publta Stale of Texas
My Commission Expires
;y y;,c;� APRIL 25, 2010
„ uN,w ° .
BEFORE ME, thc undersigned authority, on this day personally appeared Larry
Magehee, known to me to be the person whose name is subscribed to the foregoing
instrument as the owner of Lots 3, 14, 15, 16, 17, 18, 19 and 20 of the Forest Creek,
Section 23 subdivision, 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 e 2 ? clay of
Mite* 6e, , 2007.
Notary Public Sigr ure
State ae of Texas
GERALD WESLEY BRAWLEY
Notary Public. Stale of Texas
My Commission Expires
NOV. 27, 2010
COUNTY OF ORANGE
ADn11NISTRAl I VE AMENDMENT TO PUD 4, AMENDMENT NO. 4
AGREED TO BY OWNER:
Osvaldo Frias
By:
yam CRISTINA BIOS
Commisston # 1487508
Notary PubItc • California t
Oran Co
Comm�Fxplres M _y 3_20081
AFTER RECORDING, PLEASE RETURN TO
� i City of Round Rock
J Planning Department
301 W Bagdad Suite 210
Round Rock, TX 78664
THE STATE OFCALIFORNIA §
BEFORE ME, the undersigned authority, on this da■personally appeared Osvaldo Frias
known to me to be the person whose name is subscribed to the foregoing instrument as
the owner of Lot 12 of the Forest Creek, Section 23 subdivision, 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 [[AND AND SEAL OF OFFICE, this the day of
MXH,_4 2007.
/3
Notary Public Signature
State of California
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2007099460
11/30/2007 04:20 PM
SURRATT $36.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
11 fr 7
j DEC 0 2007
crry ru R.O!,:',PrOCK
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
AGREEMENT AND DEVELOPMENT PLAN
IKEA PUD
PLANNED UNIT DEVELOPMENT NO. 64
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 Cerco Development, Inc., its successors and
assigns, having their offices at 221 West 6s' Street, Suite 1300, Austin, Texas 78701
(hereafter referred to as the "Owner ").
WHEREAS, the Owner is the owner of certain real property consisting of
approximately 20.94 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 11.316(8), of "the Code" (as defined in
Article II, Section 1 below), 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 August 24, 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:
-0 5 -D9- OS - 10C-2.
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.15
below are followed. The depictions of the locations of the building, parking, and drive
aisles on the exhibits attached hereto in connection with the landscaping and signage
provisions of this Agreement (Sections II.10 and 11 below) are primarily to provide
context for the relevant landscaping and signage provisions, and may not correspond in
all respects with the final locations of such improvements as described in connection
with an application for site plan approval (and such final location, if different from the
general representation in the attached exhibits, shall not be deemed a "change" or
"modification" within the meaning of this Section I.2).
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, "the Code"
(as defined in Article II, Section 1 below).
4. LIEN HOLDER CONSENT
There is no lien holder of record with regard to the Property as of the date of this
Agreement.
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 or
assignment of the Property, in part or in whole, provided the purchaser or
assignee assumes Owner's obligations in writing as to such portions of the
Property, upon which assumption the Owner shall be released from any further
obligations hereunder.
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.
-3-
5.8 Duplicate Originals
This Agreement may be executed in duplicate original, each of equal dignity.
5.9 Notices
Until changed by written notice thereof any notice required under this
Agreement may be given to the respective parties, by certified mail, postage
prepaid or by hand delivery to the address of the other party shown below:
OWNER CITY OF ROUND ROCK
Cerco Development, Inc.
221 West 6th Street
Suite 1300
Austin, Texas 78701
Attn: Jeff Newberg
City of Round Rock, Texas
221 East Main Street
Round Rock, Texas 78664
Attn: Director of Planning
5.10 Appeal of Administrative Decisions
Administrative decisions provided for in this Agreement may be appealed to the
City Council in writing within fourteen (14) days following receipt by Owner of
the written confirmation of the decision.
5.11 Binding Effect
This Agreement and the Development Plan binds and benefits the Owner and its
successors and assigns, and runs with the land.
II.
DEVELOPMENT PLAN
1. DEFINITIONS
Words and terms used herein shall have their usual force and meaning, or as defined in
the Code of Ordinances (1995 Edition) as amended through and including the date of
this Agreement, but not afterward, City of Round Rock, Texas, hereinafter referred to as
"the Code."
2. PROPERTY
This Development Plan ( "Plan ") covers approximately 20.94 acres of land, located
-4-
within the city limits of Round Rock, Texas, and more particularly described by metes
and bounds in Exhibit "A ".
3. EFFECTIVE DATE
Prior to the effective date of this Agreement, (i) the Property was zoned "LI ", and (ii)
the City Council approved this Agreement subject to all of the terms and conditions
contained herein. Notwithstanding the base zoning district identified for the Property
in Section 5.1, and notwithstanding Sections 6 (Permitted Uses) and 7 (Prohibited Uses)
below, all "L1" zoning district permitted uses and all applicable regulations shall be
allowed on the Property until the closing (i.e., delivery of title and purchase funds) of
the sale of the Property by McNeil Consumer & Specialty Pharmaceuticals, a division of
McNeil -PPC, to Cerco Development, Inc. or its assigns pursuant to the contract between
them (the "Sale "), on which Sale date all of Sections 5 through 17 of this Agreement
shall apply. The purchaser at the Sale shall submit to the City an affidavit in the form
attached hereto as Exhibit "F" stating that the Sale has occurred.
4. 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.
5. APPLICABILITY OF CITY ORDINANCES
5.1 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. Except as provided otherwise in this Agreement,
the base zoning district for the Property is "C -1" (General Commercial).
Notwithstanding the foregoing, 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.
-5-
5.2 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.
6. PERMITTED USES
The base zoning district for the Property shall be "C -1" (General Commercial) under the
Code, subject to the terms of this Agreement. The Property shall be developed for use
as a single destination retail use occupying a building of at least 252,000 square feet
(including any ancillary uses inside the building) that is expected to draw its customer
base from an approximately 75 -mile or more radius centered on the building.
The Property may be used for periodic temporary outdoor sales events, such as
Christmas tree sales, patio furniture sales, etc., and such use does not require a
temporary use permit from the City, provided such sales events are ancillary to a
permitted primary use, and provided further that such sales events occur no more often
than four (4) times per year, and no longer than fifteen (15) days per event.
Development standards for outdoor sales specified in the Code shall apply to these
sales events. The area to be used for such outdoor sales events shall be designated on
plans submitted in connection with site plan approval and shall not cause the loss of
any designated parking spaces. If outdoor sales events utilize sidewalk space, a
minimum width of five (5) feet of the sidewalk must remain clear of obstructions to
allow unimpeded pedestrian movement.
The following principal uses are permitted on the Property:
• Retail Sales and Services (as a single destination retail use as described above)
• Wireless Transmission Facility, Stealth
• Wireless Transmission Facility, Attached
• Park, Private
• Park, Linear /Linkage
• Park, Regional /Community
• Park, Neighborhood
The following uses are permitted as ancillary uses in the primary building:
• Eating Establishments
• Day Care
In connection with a recycling use ancillary to a permitted use (which recycling use is
hereby permitted as and to the extent described in this paragraph), Owner may locate
and maintain up to two (2) thirty-foot (30') trailers at the rear of the building for
-6-
recycling purposes. Such trailers may be moved to and parked at the dock doors, at
Owner's option, to permit loading /unloading.
7. PROHIBITED USES
The following uses are prohibited on the Property except as otherwise noted:
• Amusement parks or carnivals
• Automotive & machinery repair
• Automotive & machinery services
• Automotive & machinery washes
• Automotive parts sales
• Automotive rental
• Automotive sales
• Billiard parlors & pool halls
• Boat sales
• Camper sales
• Campgrounds
• Donation centers
• Flea markets
• Gasoline & fuel sales
• Grocery stores
• Heavy equipment sales, rental & leasing
• Industrial building sales
• Kennels
• Manufactured home sales
• Mini warehouses
• Pawn shops
• Portable building sales
• Recreational vehicle parks
• Recycling centers (as primary use; permitted as ancillary use as described above)
• Sale of used goods (except antiques and estate sales)
• Self- Storage
• Sexually oriented businesses
• Shooting ranges
• Tattoo parlors
• Truck service or repair
• Truck stops
• Trucking terminals
• Video arcades
• Wireless Transmission Facility, Self- Standing
-7-
S. ADDITIONAL USES
All other uses that are not specifically addressed in this ordinance will require an
amendment in accordance with Section 15, below.
9. EXPANDED DEVELOPMENT
Owner may request, and the City will at that time consider in accordance with Section
15, below, a future expansion of the enclosed area of the primary building originally
constructed by up to 50,000 square feet, which additional enclosed area may be
proposed as expansions of one or more of the then existing sides of such building. Any
such request by Owner shall include a description of how such an expansion will satisfy
site planning concerns, including with regard to parking, traffic circulation,
landscaping, and design features of the building.
10. LANDSCAPING
In accordance with Section 11.314 of the Round Rock Zoning Ordinance, the following
landscaping and buffering standards shall apply to those portions of the Property
addressed below instead of otherwise applicable Code sections, City regulations or City
policies. All other landscaping issues not specifically addressed in this Section 10 shall
be regulated by applicable Code sections, City regulations or City policies.
10.1 General Requirements
As an alternative to the street yard requirements established in the Round Rock
Zoning Ordinance, the Property shall offer the following landscape amenities:
• Enhanced entry feature (as shown in Exhibits C -1 and C -2).
• Enhanced landscaping along the perimeter of the Property, particularly along
the IH -35 frontage road and Chandler Road (as shown in Exhibits C -1, C -3,
C-4, C -5 and C -6).
• Additional islands and medians in and along drives and in the parking areas
(as shown in Exhibit C -1).
• Additional screening of service area (as shown in Exhibits C -1, C -5 and C -6).
Trees shall be planted to avoid interference with streetlights, signage and other
fixtures.
Trees shall be kept out of street intersection sight triangles at a minimum of
thirty -five (35) feet by thirty -five (35) feet as measured from the face of curb.
-8-
Trees shall be planted no less than five (5) linear feet from City water and
wastewater lines.
Trees shall be planted no less than five (5) linear feet (whether horizontal or on
an angle) from fire hydrants.
Caliper size, height, measurement and other specifications referenced in this
Agreement shall be as specified in the Round Rock Zoning Ordinance, the Round
Rock Tree Standards Technical Manual and the Overall Landscape Plant Palette,
attached hereto as Exhibit "C - ".
10.2 Entry Feature Landscaping
A landscaped median island between fourteen (14) feet and fifty (50) feet in
width, as measured from back of curb to back of curb, shall be provided down
the centerline of the primary entrance drive, substantially in accordance with
Exhibits "C - 1" and "C - 2 ".
At a minimum, landscaping in the entry median island, as it is identified in
Exhibit "C - ", shall consist of an average of one (1) small tree per 30 linear feet of
the entry median island plus ornamental grasses, ground covers and shrubs as
conceptually depicted in Exhibit "C -2 ".
At a minimum, landscaping in both sides of the entry planting area, as it is
identified in Exhibit "C - ", shall consist of an average of one (1) large or medium
tree per 50 linear feet of planting area plus ornamental grasses, ground covers
and shrubs as conceptually depicted in Exhibit "C -2 ".
Landscaping adjacent to other driveway entrances that are outside the boundary
of the Property shall include small trees, shrubs and grasses and shall be
consistent with the overall landscape design theme for each entrance.
10.3 Enhanced Perimeter Landscaping
A license agreement from the City and/ or TxDOT is required prior to any
improvements in the public right -of -way.
Landscaping between the primary entrance drive and Chandler Road shall be in
accordance with Exhibits "C - 3" and "C4", and shall include, at a minimum, an
average of one (1) large tree per 20 linear feet, one (1) conifer per 35 linear feet,
and one (1) small tree per 10 linear feet. Shrubs, grasses and groundcover shall
be planted as conceptually depicted in Exhibits "C -3" and "C4".
Landscape and irrigation within TX DOT right -of -way shall be installed,
irrigated, and maintained by means, methods and standards as governed by TX
DOT.
10.4 Service Area Screening
As depicted in Exhibits "C -5" and "C -6 ", a screening wall shall be provided
along Chandler Road behind the service area. The screen wall shall be a
minimum of seven (7) feet in height. The side of the screen wall facing Chandler
Road shall have a stone face similar to the stone required for buildings in PUD's
59 and 60, as conceptually depicted in Exhibit "C-8 ".
Landscaping in front of the screen wall and along Chandler Road shall be in
accordance with Exhibits "C -5" and "C -6 ", and shall include, at a minimum, an
average of one (1) large tree per 35 linear feet, one (1) conifer per 60 linear feet,
and one (1) small tree per 40 linear feet. Shrubs, grasses and groundcover shall
be planted as conceptually depicted in Exhibits "C -5" and "C-6 ".
Landscape buffer and screening requirements established in the Code for
ground- mounted equipment, dumpsters, trash receptacles, refuse storage
containers, loading docks, substations, large utility cabinets, and similar
structures located behind the screen wall shall not apply to the Property.
The City shall assume responsibility to replace any landscaping removed in the
gas line easement shown in Exhibit "C -9 ", if, because of the actions of the owner
of said gas line easement, any or all of said landscaping is removed and not
replaced by the owner of said gas line easement. Further, in the event, but only
to the extent, that the owner of said gas line easement legally prevents the
planting of some or all of such landscaping, the landscaping required in this
Section 10.4 may be modified as a minor amendment in accordance with Section
15.1 as long as adequate screening is provided through the use of higher
quantities of smaller plantings, screen walls, decorative trellises or other
landscape features.
10.5 Open Space
All areas which do not contain buildings, structures, parking lots, sidewalks, site
furniture or other improvements, including, but not limited to, front, side and
rear building set back areas, and all areas between the curb line and the property
line, must be planted and landscaped in accordance with this Section. All such
landscaped areas not planted in groundcover or shrub beds shall be planted in
grasses. Over seeding in fall with cool season native grasses is allowed.
-10-
Utility easements shall be landscaped consistent with other landscape areas, to
the extent allowed by the respective utility company.
11. SIGNAGE
Except to the extent that this Agreement provides for signage regulation that is in
conflict with the Code, the signage regulations of the Code shall apply to the
Property. In the event of a conflict between the Code and this Agreement, the
provisions of this Agreement shall control.
For purposes of this Agreement, "sign area" is defined as the number of square
feet contained within the smallest single polygon that will encompass the actual
lettering and any logo on one face of the sign (a logo may be measured using a
separate polygon or circle from that containing the lettering). The portions of a
structure on which the sign is located are not counted as part of the sign area
provided they are not contained within the polygon.
Unless otherwise provided herein, all free - standing signage on the Property shall
be powder coated aluminum framed with galvanized steel posts and shall be
externally illuminated.
With the exception of the Highway Sign permitted in Section 11.10, changes in
the location or appearance of signs described in this Section 11, as well as
changes in the number, size, or height of signs that differ no more than ten
percent (10 %) from the standards set forth below may be administratively
approved by the Zoning Administrator.
11.1 Location
All signs on the Property shall be located and spaced in accordance with the
provisions of this Agreement and generally as shown in Exhibit "D -1" and "D-
2". Any and all setback requirements of Table 3.1403 of the Code shall be
deemed satisfied if signage is located in accordance with this Agreement.
All Entrance Signs, Information Signs, and Family Friendly Signs (as described
below) shall be located on a landscaped island, median or other landscaped area
on the Property.
11.2 Entrance and Exit Signs
For the purposes of directing traffic to the entrances and exits of the store and of
providing information on store hours, five (5) double -sided Entrance and Exit
Signs may be installed and maintained by Owner at the approximate locations
shown in Exhibit "D -1" for signs la, 2a, 2b, 2c and 3a.
Entrance and Exit Signs shall not exceed fifteen (15) feet in height.
The face or sign area of each Entrance and Exit Sign shall not exceed ninety (90)
square feet.
Approximate sign dimensions for sign la are shown in Exhibit "D -3" in diagram
1. Approximate sign dimensions for signs 2a, 2b and 2c are shown in Exhibit "D-
3" in diagram 2. Approximate sign dimensions for sign 3a are shown in Exhibit
"D -3" in diagram 3.
Example sign content for signs la, 2a, 2b, 2c and 3a is shown in Exhibit "D -5 ".
Entrance and Exit Signs shall be externally illuminated, as shown in Exhibit "D-
3" in diagrams 1, 2 and 3.
11.3 Information Signs
For the purpose of providing purchasing information, three (3) double -sided
Information Signs may be installed and maintained by Owner within one
hundred fifty (150) feet of the front doors of the building, generally located as
shown in Exhibit "D -1" for signs 4a, 4b and 4c.
Information Signs shall not exceed eleven (11) feet in height.
The face or sign area of each Information Sign shall not exceed forty -two (42)
square feet.
Approximate sign dimensions for signs 4a, 4b and 4c are shown in Exhibit "D -3"
in diagram 4.
Example sign content for signs 4a, 4b and 4a is shown in Exhibit "D -5 ".
Information Signs shall be externally illuminated, as shown in Exhibit "D -3" in
diagram 4.
11.4 Service Signs
For the purpose of advertising special services offered by the store, seven (7)
double -sided Service Signs may be installed and maintained by Owner at the
approximate locations shown in Exhibit "D -1" for signs 5a, 5b, 5c and 5d.
-12-
Service Signs shall not exceed eleven (11) feet in height.
The face or sign area of each Information Sign shall not exceed thirty (30) square
feet.
Approximate sign dimensions for signs 5a, 5b, 5c and 5d are shown in Exhibit
"D -3" in diagram 5.
Example sign content for signs 5a, 5b, 5c and 5d is shown in Exhibit "D -6 ".
Service Signs shall be externally illuminated, as shown in Exhibit "D -3" in
diagram 5.
11.5 Family Friendly Parking Signs
For the purpose of identifying a special parking area for families, three (3)
double -sided Family Friendly Parking Signs may be installed and maintained by
Owner at the approximate locations shown in Exhibit "D -1" for sign 6a.
Family Friendly Parking Signs shall not exceed seven (7) feet in height.
The face or sign area of each Family Friendly Parking Sign shall not exceed
twelve (12) square feet.
Approximate sign dimensions for sign 6a are shown in Exhibit "D -3" in diagram
6.
Example sign content for sign 6a is shown in Exhibit "D -6 ".
Family Friendly Parking Signs shall not be externally illuminated by lighting
associated with the signs.
11.6 Loading Zone Signs
For the purpose of identifying the loading zone, five (5) double -sided Loading
Zone Signs may be installed and maintained by Owner at the approximate
locations shown in Exhibit "D -1" for sign 7a.
Loading Zone Signs shall be hung at a height not less than twelve (12) feet above
finished grade.
The face or sign area of each Loading Zone Sign shall not exceed twelve (12)
square feet.
-13-
Approximate sign dimensions for sign 7a are shown in Exhibit "D -3" in diagram
7.
Example sign content for sign 7a is shown in Exhibit "D -6 ".
Loading Zone Signs shall not be externally illuminated by lighting associated
with the signs.
11.7 Cart Return Signs
For the purpose of identifying cart return areas, double -sided Cart Return Signs,
may be installed and maintained by Owner in the cart return areas in the
approximate locations shown in Exhibit "D -1" for signs 8a, 9a and 9b.
Cart Return Signs shall not exceed ten (10) feet in height.
The face or sign area of each Cart Return Sign shall not exceed eighteen (18)
square feet.
Approximate sign dimensions for signs 8a, 9a and 9b are shown in Exhibits "D-
3" and "D-4" in diagrams 8 and 9.
Example sign content for signs 8a, 9a and 9b are shown in Exhibit "D -6 ".
Cart Return Signs shall not be externally illuminated by lighting associated with
the signs.
11.8 Parking Aisle Identification Signs
For the purpose of identifying parking aisles, Parking Aisle Identification Signs
may be installed and maintained by Owner in the parking areas as conceptually
depicted in Exhibit "D -2" for signs 10a, 10b and 10c.
Parking Aisle Identification Signs shall not exceed twenty (20) feet in height and
shall be hung at a height not less than twelve (12) feet above finished grade.
The face or sign area of each Parking Aisle Identification Sign shall not exceed
twenty-two (22) square feet.
Approximate sign dimensions and example content for signs 10a, 10b and 10c are
shown in Exhibit "D -7 ".
-14-
Parking Aisle Identification Signs shall not be externally illuminated by lighting
associated with the signs.
11.9 Flaw
For the purpose of identifying the entrances to the Property, Flags may be
installed and maintained by Owner in the approximate locations shown in
Exhibit "D - 2 ".
Flags shall not exceed thirty (30) feet in height and shall be hung at a height not
less than twelve (12) feet above finished grade.
The face of each flag shall not exceed sixty (60) square feet.
Approximate flag dimensions and example content for the flags are shown in
Exhibit "D -8 ".
11.10 Highway Sign
For the purpose of identifying the site from IH -35, one (1) pylon sign located
along IH -35 in the area shown on Exhibit "D - 2" may be installed and maintained
by Owner. Such a sign pole may not exceed ninety (90) feet in height, with the
top of the sign itself no more than eighty (80) feet from the ground. At Owner's
election, such sign may have three sides, and the retail identification sign face on
each side, whether two or three, may not exceed twelve by fifty feet (12' x 50').
Approximate sign dimensions and example content for the Highway Sign are
shown in Exhibit "D -9 ".
11.11 Building Sisnage
Notwithstanding any otherwise applicable provision of the Code to the contrary,
building signage, including a fifteen by forty -five foot (15' x 45') banner sign,
shall be designed, sized and located generally in accordance with Exhibit "D-
10", attached hereto for illustrative purposes but not as a precise signage plan.
12. DESIGN STANDARDS
Except as may be specifically set forth to the contrary in this Agreement, the
Property shall be developed pursuant to the design, compatibility, height, buffer
yard, and all other standards (but not the use categories) applicable to the "C -1"
zoning district under the Code; provided, however, that the Owner may elect to
adopt more restrictive standards for any given aspect of such development.
-15-
12.1 Exterior Surfaces
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, or as otherwise provided herein)
Exterior walls may consist of brick, stone, stucco, decorative concrete masonry
unit (CMU), split face concrete block or concrete tilt wall, or similar material
approved in writing by the Zoning Administrator. Painted pre- finished metal
architectural panels may be used as decorative features, for example to highlight
the entrance area of a building. Unfinished concrete (painted or unpainted) may
be used around the base of the primary building up to a maximum height of
forty inches (40 ") above finished floor elevation.
The primary building may be painted in a color scheme that constitutes trade
dress or advertising for the occupant of such building, and shall not be counted
against any signage area allotments or limits otherwise applicable to the
Property.
12.2 Building Design
The primary building shall not be required to have at least fifteen percent (15 %)
of a wall facing a public street consist of windows and /or entrance areas, and no
walls of such building shall be required to include details that create shade and
cast shadows.
Notwithstanding any provision of the Code to the contrary, the primary building
is not required to include architectural offsets as described in Section 11.409(4)(e)
of the Code, and may, at Owner's option, include uninterrupted lengths in excess
of one hundred feet (100').
In addition, sidewalks are not required along the western boundary of the
Property abutting the IH -35 frontage road.
13. UNDERGROUND UTILITY SERVICE
Except where approved in writing by the Chief of Public Works Operations, all
-16-
electrical, telephone and cablevision distribution and service lines, other than overhead
lines that are three phase or larger, shall be placed underground. All transformers must
be visually screened.
14. DRIVEWAY ACCESS AND CIRCULATION
14.1 Driveway Access
Driveway access shall be permitted in accordance with the approved Traffic
Impact Analysis on file with the Director of Transportation Services and
generally in accordance with the locations depicted in Exhibit "E ", subject to site
plan approval.
14.2 Driveway Throat Lengths
Primary driveways off of the public rights -of -way adjacent to the Property, as
"primary" is determined by the City of Round Rock Director of Transportation
Services (Director), shall provide a minimum driveway throat of one hundred
(100) feet. No parking spaces or internal access drives shall intersect with such
primary driveways within this throat unless otherwise approved by the Director
in connection with site plan approval. Throat length of primary drives shall be
measured from edge of pavement.
14.3 Drive Aisles
Main drive aisles serving for both primary circulation and parking or
loading /unloading shall have a minimum width of thirty (30) feet. All other
two -way drives shall have a minimum width of twenty -four (24) feet. All drives
shall meet minimum standards required by the City of Round Rock Fire
Department.
15. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN
15.1 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.
15.2 Major Changes
All changes not permitted under Section 15.1 above shall be resubmitted
-17-
following the same procedure required by the original PUD application.
16. CONCEPT PLAN APPROVED
Approval of this Agreement constitutes Concept Plan approval under the City
Subdivision Ordinance.
17. GENERAL PLAN 2000
This Agreement amends the Round Rock General Plan 2000, which was adopted on
June 10,1999.
Cerco Development, Inc.
By:
Name: of 1 -
Title: i
Date: (
CITY OF ROUND ROCK, TEXAS
ATTEST:
By: (.;J tilt/It( C > � )(.,I; ,.f 1(i) ,
Christine Martinez, City Secretary
-18-
LIST OF EXHIBITS
EXHIBIT DESCRIPTION
Exhibit "A" Metes and Bounds Description of Property
Exhibit "B" Lien Holder Consent
Exhibit "C -1" Overall Landscape Concept Plan
Exhibit "C -2" Entry Feature Landscaping
Exhibit "C -3" Enhanced Perimeter Landscaping (Plan)
Exhibit "C -4" Enhanced Perimeter Landscaping (Profile)
Exhibit "C -5" Service Area Screening (Plan)
Exhibit "C -6" Service Area Screening (Profile)
Exhibit "C -7" Representative Plant Palette
Exhibit "C -8" Masonry Theme for PUD's 59 and 60
Exhibit "C -9" Existing Gas Line & Easement
Exhibit "D -1" Signage Locations (Signs la - 9b)
Exhibit "D -2" Signage Locations (Signs l0a -10c, Flags, Highway Sign)
Exhibit "D -3" Sign Dimensions (Signs la - 8a)
Exhibit "D -4" Sign Dimensions (Sign 9)
Exhibit "D -5" Sign Example Content (Signs la - 4c)
Exhibit "D -6" Sign Example Content (Signs 5a - 9b)
Exhibit "D -7" Parking Aisle Identification Signs
Exhibit "D -8" Flags
Exhibit "D -9" Highway Sign
Exhibit "D -10" Building Signage
Exhibit "E" Driveway Access
Exhibit "F" Affidavit of Sale
-19-
EXHIBIT A
METES AND BOUNDS DESCRIPTION OF PROPERTY
Office: 522481 -9602
Fax: 512-330-1621
Page I oft
Waterloo Surveyors Inc.
Thomas P. Dixon
R.P.L.S. 4324
EXHIBIT "A" .19802FN1
September 12, 2005
FIELD NOTES
FIELD NOTES FOR 20.94 ACRES OF LAND, MORE OR LESS, OUT OF THE EPHRAIM EVANS
SURVEY, ABSTRACT NO. 212, IN WILLIAMSON COUNTY, TEXAS, SAME BEING OUT OF THAT
CERTAIN 94.39 ACRE TRACT OF LAND DESCRIBED IN VOLUME 657, PAGE 659, DEED RECORDS,
WILLIAMSON COUNTY, TEXAS, AND FURTHER BEING ALL OF LOT 1, BLOCK A, "FINAL PLAT
OF EAST CHANDLER RETAIL CENTER ", A PROPOSED SUBDIVISION IN WILLIAMSON COUNTY,
TEXAS; FOR WHICH A MORE PARTICULAR DESCRIPTION BY METES AND BOUNDS 15 AS
FOLLOWS:
BEGINNING at an iron rod set on the east R.O.W. of Interstate Highway 35 on the west line of said 94.39 acre tract at
the N.W. corner of Lot 1, Block A, "FINAL PLAT OF EAST CHANDLER RETAIL CENTER ", for the N.W. comer
hereof, from which point an "X" found in concrete on the east R.O.W. of Interstate Highway 35 at the N.W. corner of
said 94.39 acre tract bears N14 °46'52 "E at a distance of 25.79 feet;
THENCE the fallowing twelve (12) courses and distances crossing said 94.39 acre tract along the exterior boundary of
Lot 1:
1. N69 °17'21 "E for a distance of 263.66 feet to an iron rod set;
2. N75 °05'45 "E for a distance of 118.61 feet to an iron rod set;
3. N69 °17'21 "E for a distance of 268.81 feet to an iron rod set;
4. S65 °39'08 "E for a distance of 37.56 feet to an iron rod set;
5. S20 °42'27 "E for a distance of 659.45 to a point of curvature of a curve curving to the right having a radius of
220.00;
6. 181.06 feet along the arc of said curve with a chord which bears S02°51'16 "W for a distance of 175.99 feet to the
point of tangency of said curve;
7. S26 °25'55 "W for a distance of 7742 feet to the point of curvature of a curve curving to the right with a radius of
158.15 feet;
8. 118.48 feet along the arc of said curve with a chord which bears S47 °51'43 "W for a distance of 115.73 feet;
9. S69 ° 17'40 "W for a distance of 685.29 feet to an iron rod set at the point of curvature of a curve curving to the right
having a radius of 406.00 feet;
10. 175.04 feet along the arc of said curve with a chord which bears S81 °38'25 "W for a distance of 173.68 feet to an iron
rod set at the point of a reverse curve curving to the left with a radius of 263.86 feet;
11. 28.49 feet along the arc of said curve with a chord which bears N88 °58' 35"W for a distance of 28.47 feet to an iron
rod set at the point of tangency of said curve;
12. S88 ° 03'21"W for a distance of 71.43 feet to a an iron rod set on the east R.O.W. of Interstate Highway 35 at the S.W.
comer of Lot 1;
THENCE the following three (3) courses and along the east R.O.W. of Interstate Highway 35:
1. NO2 ° 03'55 "W for a distance of 192.00 to a concrete highway monument found at the point of curvature of a curve
curving to the right with a radius of 1095.90 feet;
P.O. Box 160176
Austin, Texas 78716-0176
Office: 51248/-9602
Fax: 512- 330 -1621
Page 2 of 2
Thomas P. Dixon R.P.L.S. 4324
Waterloo Surveyors Inc.
EXHIBIT "A"
September 12, 2005
FIELD NOTES
P.O. Box 160176
Austin, Texas 78716 -0176
Thomas P. Dixon
R.P.L.S- 4324
J9802FN1
2. 398.72 feet along the arc of said curve with a chord which bears N08 °19' 14 "E for a distance of 396.52 feet to a
concrete highway monument found at the point of tangency of said curve;
3. N14 °46'51 "E for a distance of 435.92 feet to the POINT OF BEGINNING, containing 20.94 acres of land.
I, the undersigned do hereby certify that the field notes hereon were prepared from an actual on- the - ground survey
under my direct supervision and that they are true and correct to the best of my knowledge.
LEGAL DESCRIPTIOrt
20.94 ACRES OF LAND, MORE OR LESS, OUT OF THE EPHRAIM EVANS
SURVEY, ABSTRACT NO. 212. IN 9ALLIAMSON COUNTY. TEXAS, AND
BEING OUT OF THAT CERTAIN 94.39 ACRE TRACT OF LAND DESCRIBED
IN VOLUME 657, PAGE 659, DEED RECORDS. WIWAMSON COUNTY,
TEXAS, AND BEING ALL OF LOT 1, BLOCK A, "FINAL PLAT OF EAST A'esst Chandler" ./?oed
CHANDLER RETAIL CENTER ". A PROPOSED SUBDIVISION IN (County Rood .1.149
WILLIAMSON COUNTY. TEXAS.
Lot 3 Block A
-0.43 acres
LEGEND
FOUND IRON ROD FIR
SET IRON ROD SIR
FOUND IRON PIPE FIP
FOUND HIGHWAY MONUMENT FHM
POINT OF BEGINNING P08
Found
Iron Rod
N.W. CORNER
657/655
Found
Iron Rod
N.W. CORNER
778/330
S/R
C.5
<zo
4R
C
5
L18
778/330
(14.64 ac)
City of Round Rock
UNE COURSE AND DISTANCE CALLS
LINE I DIRECTION ) DISTANCE
Ll N 6917 "21" E 662.03
L2 5 0'55'19" E
L3 5 0'42'27" E
L4 N 72'39'36" W
15 N 59'007" W 158.08'
113.42'
L7 N 69'1721" E 676.88'
L8 5 22'25'39" W
L9 5 09'24'29" W
110 S 0736'56" E
L11 $ 18'22 33" W
112 5 3 '1'54" E 226.60'
L13 S 8$17 94" W 137.20'
114 5 6 'S0' 5" W 238.36'
21.00'
59.59'
23.68'
L4 S 67'29'15" w
29.15'
69.60'
79.37'
44.30'
1 5 6413'51" W 164.56'
L1 $ 71'07'04" W 229.88'
411 N 4'45 ( 51" W 530.13'
L18 S 75'23'51" W
171.67'
POB
FHM
L1
Lot 1 Block A
FHM 20.94 acres
43 6 Sa
4 4R L35
SCR
Found
Iran Rod
N.W. CORNER 116
871/374
(2.0 ac)
CUR
C1
BEARING
0819
RAr1 LEN CHORD
1.9. 0 398. 2 396.52' N
C2 22 00' 181.06' 175.99' S 02'51'18" W
5588 115.73' 5 47'51'43" W
406.00' 175.04' 173.68' 5 81'38'25" W
C5 263.86' 28.49' 28.47' N 8858 5" W
14
C3
1 .15' 118.48'
C4
L26 6 L270 I L28'a 4"
A t L30
Found "X" IN CONC. ( `'A
N.W. CORNER
657/659
(94.39 oc)
�
d P?2
R V
S OiR 34 W
so, R C3
Waterloo Surveyors Inc.
SURVEY PLAT
9R
L7
L32 R I j c
Lot 4 Block A
0.40 acres * i
47
Lot 2 Block A e
42.50 acres n
W
I
I
A7,
16 < ,
0
O
1' T
p
N 6917'21" E * 0 Z 1
244.93' "ta o
4 _L
14 I
1n
p LOT 1
Found
0 rt.
4
Lot 2 Block A J�., %69
,y,"
951 S.W. CORNER Rod F117
42.50 acres P FR Y
y,
Chandler Creek k LP Lot
N Oakmont Centre Sec. 5
115 ct L14 s L13 F/139
City of Round Rock
671/374 871/369
(2.0 ac) (2.32 oc)
vD
L19 N 52'30'21" W 172.40'
L20 N 81'31'11" W 173,14'
121 5 02'03'55" E 112.67'
L22 5 02'03'55" E 134.53'
L23 N 02'03'55" W 192.00
L24 N 14'46'52" E 435.92'
125 N 14'46'52" E 25.79'
126 N 6917'21" E 263.66'
L27 N 75105'45" E 118.61'
L28 N 6917'21" E 268,81'
L29 S 65'39'08" E 37.56'
130 N 6917'33" E 74.82'
L31 N 4'20'53" E 54.63'
L32 N 917'21" 0 563.47'
L33 $ 20'42'27" E 659.45'
L34 S 26'255" W 77.42'
135 5 5917 40" w 685.29'
L36 S 88'03'21" W 71.43
Chandler Creek LP
Oakmont Centre
Sec. 5. Bk B, Lot 3
J9802FN1
E4
Found
Iron Rod
N.E. CORNER
951/17
(2.0 oc)
0
N z
rn 0
-4O1
1 I'l
m
"THE UNDERSIGNED DOES HEREBY CERTIFY THAT
THE SKETCH HEREON WAS PREPARED FROM AN
ACTUAL ON -THE " OUND SURVEY AND THAT
IS IT IS TRUE AN CORRECT TO THE BEST
OF MY KNONM1.EDC ON THIS 118 12TH DAY
OF SEPTEMBER, 2;05."
Thorns P. Dixon R.P.LS. 4324
WATERLOO SURVEYORS INC.
P.Q. BOX 160176
AUSTIN, TEXAS 78716 -0176
PHONE: (512) 481 -9602
EXHIBIT 13
LIEN HOLDER CONSENT
There is no lien holder of record with regard to the Property as of the date of this
Agreement.
EXHIBIT C
LANDSCAPING
Exhibit "C -1" Overall Landscape Concept Plan
Exhibit "C -2" Entry Feature Landscaping
Exhibit "C -3" Enhanced Perimeter Landscaping (Plan)
Exhibit "C -4" Enhanced Perimeter Landscaping (Profile)
Exhibit "C -5" Service Area Screening (Plan)
Exhibit "C - 6" Service Area Screening (Profile)
Exhibit "C -7" Representative Plant Palette
Exhibit "C -8" Masonry Theme for PUD's 59 and 60
Exhibit "C -9" Existing Gas Line & Easement
LANDSCAPE
ENTRY FEATURE
REFER TO C -2
PRIMARY
ENTRANCE
DRIVE:
SERVICE AREA SCREENING'
LANDSCAPING, REFER TOO' C -5
ENHANCED PERIMETER
LANDSCAPING, REFER TO C -3
User - Lot 1
512 23E 09
Overall Landscape Concept Plan
EXHIBIT C -1
DATE: AUGUST 2, 2005
ron show 4 -;o z cc - __.a. d ,a s2A7ect 10 change,
NORTH
0' 50' 100' 200'"
512.135.ES1
V•..•..•.• -•..--- ',"
ENTRY MEDIAN ISLAND
PARKING, TYP.
1-35 FRONTAGE ROAD
EXISTING TREE
TO REMAIN,TYP
sit fills
.... 4 1
User - Lot 1
Entry Feature Landscaping
EXHIBIT C-2
SMALL TREE, TYP
•
PARKING
SCREENING, TYP
ENTRY FLAG FEATURE,TYP
NORTH
I MM IMM7 . 7
0' 25' 50'
DATE: AUGUST 2, 2005
, nforrnat,,,ho,, ts 7 deeme, el:able and j, ch,,,E,
SHRUBS, TYP.
AL GRASSES,
LARGE TREE, TYP.
EVERGREEN CONIFER, TYP
SMA f �
VARIOUS UTILITY EASEMENTS
B owl �n
1 7B860
512.236 BB,Epnane
PARKING
User - Lot 1
Enhanced Perimeter Landscaping (Plan)
EXHIBIT C -3
BUILDING SERVICE AREA Et
LOADING DOCKS.
NORTH
0' 20' 40' 80'
DATE: AUGUST 2, 2005
a,_ m ce ,&] . -J, .a,::a;e tto:maw
•
•
FRONTAGE ROAD'
40'
30'
25'
20'.
•
1
15'
10'
DOT R.O.W.
100.0
User - Lot 1
7.5' TELEPHONE E5MT,
SOUTHWESTERN FELL •
15' UTILITY ESMT.
TX. POWER a LIGHT
20 WATER 5 WASTEWATER
30' GAS PIPELINE
EASEMENT
1 II I 1 1 1 ' i
— 1.1
•Ar
I I]
Enhanced Perimeter Landscaping (Profile)
EXHIBIT C-4
—
McNEIL SITE
PARKINO
I I
20.0
DATE: AUGUST 2, 2005
fo 3a..511 s.rc55 300305 aml I; ii.1,]e5t 10050340.
LARGE TREE, TYP.
ET!
BUILDING SERVICE AREA &
LOADING DOCKS. r<I
EVERGREEN CONIFER, TYP.
SA AL / ,L TREE TYP.
LARGE SHRUBS, TYP.
5.2.233.eei pan.
ORNAMENTAL GRASSES
ETE
APPROX. 340 L.F.
APPROX. 6B0 L.F.
T LIMESTONE ROCK SCREEN
WALL, REFER TO C -8 AND C -9
User - Lot 1
Service Area Screening (Plan)
EXHIBIT C -5
I CHANDLER ROAD
FUTURE ROW
USER BUILDING
PARKING
DATE: AUGUST 2, 2005
All information show is based from sources deemed reliable and is is subject to change.
E I
NORTH
0' 20' 40' 80'
5,z z zz,z
CHANDLER ROAD
User - Lot 1
NEIL 5NE
Service Area Screening (Profile)
EXHIBIT C-6
MCNEIL BURN.
DATE: AUGUST 2, 2005
basad rrorn dee,a, ,,VabLa and iubject ta thanac,
SECTION B-IT
Ef - j 1
NORTH A,
REPRESENTATIVE LARGE & SMALL TREES
i = A
Ian.Gc.anc acc!:aec.�: -r
512 /31, 89120ene
a. SHADE TREES - 3" to 6" CAL. • CONT. or B &B
LIVE OAK - QUERCUS VIRGINIANA
MONTERREY OAK - QUERCUS POLYMORPHA
TEXAS RED OAK - QUERCUS TEXANA
CEDAR ELM - ULMUS CRASSIFOLIA
CHINKAPIN OAK - QUERCUS MUEHLENBERGII
BUR OAK - QUERCUS MACROCARPA
BOSQUE ELM - ULMUS PARCIFOLIA
b. CONIFER TREES - 3" to 6" CAL. - CONT. or B &B
ARIZONA CYPRESS - CUPRESSUS ARIZONICA
LEYLAND CYPRESS - CUPRESSOCYPARIS LEYLANDII
AFGHAN PINE - PINUS ELDARICA
JAPANESE BLACK PINE - PINUS THUNBERGIANA
BALD CYPRESS - TAXODIUM DISCTICHUM
c. ORNAMENTAL TREES - 3" CAL. - 8' to 12' HEIGHT - CONT. or B &B
YAUPON HOLLY - ILEX VOMITORIA
TREE WAX MYRTLE - MYRICA CERIFERA
CRAPEMYRTLE - LAGERSTROMIA INDICA
TEXAS MOUNTIAN LAUREL - SOPHORA SECUNDIFLORA
TEXAS REDBUD • CERCIS CANADENSIS TEXENSIS'
FLAME LEAF SUMAC - RHUS LANCEOLATA
LILAC CHASTE TREE - VITEX AGNUS - CASTUS
NOTE: ALL PLANTS TO BE CONSISTANT WITH CORR APPROVED PLANT LIST
REPRESENTATIVE SHRUBS, GRASSES, VINES, & GROUND COVERS
User - Lot 1
Representative Plant Palette
EXHIBIT C -7
a. SHRUBS - 5 GAL. - 24" TO 36" HEIGHT
PRIMROSE JASMINE - JASMINUM MESNYI
DWARF WAX MYRTLE - MYRICA PUSILIA
CONTONEASTER - COTONEASTER SP.
EVERGREEN SUMAC • RHUS VIRENS
RED YUCCA - HESPERALOE PARVIFLORA
SANOANKWA VIBURNUM • VIBURNUM SUSPENSUM
ROSEMARY - ROSEMARY OFFICINALIS
SOFT LEAF YUCCA - YUCCA RECURVIFOLIA
b. ORNAMENTAL GRASSES - 1 GAL. to 3 GAL. - 28" TO 30" HEIGHT
MAIDEN GRASS • MISCANTHUS SINEWS
MUHLY GRASS - MUHLENBERGIA CAPILLARIS
GULF MUHLY GRASS - MUHLENBERGIA CAPILLARIS
BUTTERFLY IRIS • DIETES SP.
MEXICAN FEATHER GRASS - STIPA TENUISSIMA
c. PERENNIALS - 1 GAL. to 3 GAL. - 28" TO 30" HEIGHT
NEW GOLD LANTANNA - LANTANA CAMARA
CHERRY SAGE • SALVIA GREGGII
MEXICAN HEATHER - CUPHEA HYSSOPIFOLIA
MEXICAN BUSH SAGE - SALVIA LEUCANTHA
TRAILING LANTANA - LANTANA MONTEVIDENSIS
MEALY BLUE SAGE - SALVIA FARINACEA
d. VINES & GROUND COVERS - 4" POT 1 GAL. to 3 GAL. - 12" TO 18" HEIGHT
ASIAN JASMINE - TRACHELOSPERMUM ASIATICUM
'BIG BLUE LIRIOPE - LIRIIOPE MUSCARI
GIANT LIRIOPE - LIRIOPE GIGANTEA
CLIMBING FIG - FICUS PUMILA
CAROLINA JESSAMINE - GELSEMIUM SEMPERVIRENS
MONKEY GRASS - OPHIOPOGON JAPONICA
STAR JASMINE - TRACHELOSPERMUM JASMINOIDES
CORAL HONEYSUCKLE - LONICERESEMPERVIRENS
NOTE: ALL PLANTS TO BE CONSISTANT WITH CORR APPROVED PLANT LIST
.... AAVIaTio.I.,,a ckA
DATE: AUGUST 2, 2005
ct
VIEW AT MAIN ENTRY
VIEW FRO AIWR066 6 61-76 NORM
SIMON • ROUND ROCK PREMIUM OUTLETS•
EXHIBIT C -8: Masonry Theme for PUD's 59 and 60
EX/STING
GAS LINE
30' GAS PIPELINE
EASEMENT 741/371
EXISTING GAS LINE & EASEMENT
/,y
? ,. //
'-'/ 30' GAS PIPELINE
/ / ' EASEMENT 741/371
I/ /
,l OAS LINE
EXISTING
EX. 30'30'
REGULATOR
SITE r
L
� I
cEARD1ER ROAD (COUNTY ROAD 114)
EXISTING
GAS LINE
EXHIBIT C -9
\ EXISTING
GAS LINE
30' GAS PIPELINE
EASEMENT 741/371
LOT 1, BLOCK A
2094 ACRES
30' G45 PIPELINE
E ASEMENT 741/371
EXISTING
GAS LINE
I I
EXHIBIT D
SIGNAGE
Exhibit "D -1" Signage Locations (Signs la - 9b)
Exhibit "D -2" Signage Locations (Signs 10a -10c, Flags, Highway Sign)
Exhibit "D -3" Sign Dimensions (Signs la - 8a)
Exhibit "D -4" Sign Dimensions (Sign 9)
Exhibit "D -5" Sign Example Content (Signs la - 4c)
Exhibit "D -6" Sign Example Content (Signs 5a - 9b)
Exhibit "D -7" Parking Aisle Identification Signs
Exhibit "D -8" Flags
Exhibit "D -9" Highway Sign
Exhibit "D -10" Building Signage
W
W
Signage
Locations
NOT TO SCALE
N...
Exhibit D-1
Signage
Locations
NOT TO SCALE
Exhibit D-2
SIGN BOARD OUTDOOR WITH LIGHT
DEUIL
1
SIGN BOARD OUTDOOR WITH LIGHT
DfT.
4
SIGN BOARD OUTDOOR HANGING
067.
7
SIGN BOARD OUTDOOR WITH LIGHT
2
SIGN BOARD OUTDOOR WITH LIGHT
WAS
5
SIGN BOARD OUTDOOR WITH MOUNTING PLATE
°Ma
6
CART CORRAL AND SIGN BOARD
8
LU
W
m
0
Sign
Dimensions
NOT TO SCALE
Exhibit D-3
SINGLE CART CORRAL AND SIGN BOARD
MAR
9
Sign
Dimensions
NOT TO SCALE
Exhibit D-4
bock
SIGN BOARD OUTDOOR WITH LIGHT
CCOIWNW WIWI
la
front
bock
SIGN BOARD OUTDOOR WITH LIGHT
COOMLINK.ON WON
2b
Elm to. WY yr • 101
bock
SIGN BOARD OUTDOOR
COW.IXICAWN WOW
4a
front
bock
Enhance 800 feel
ahead
SIGN BOARD OUTDOOR WITH LIGHT
COWOWCOW
2c
Front
0.111, I
IMER
back
Grin. / low sib'. be*
LINA'
SIGN BOARD OUTDOOR
CIWWWWW LAW,
4b
from bock
SIGN BOARD OUTDOOR WITH LIGHT
CIWWW11.710N WOW
2a
SIGN BOARD OUTDOOR WITH LIGHT
COMM.... LOW
3a
Front
r. OK. vw mn he:. Irld
Wien'
bock
M. Ca, ,u hill hall
SIGN BOARD OUTDOOR WITH MOUNTING PLATE
ccooroacowr Loom
4c
^ I •
Sign
Example Content
NOT TO SCALE
Exhibit D-5
Front bock
Iron, bock
front 6cdc
Mk an Expert
*
USER'
Mk an bxpad
*
USER'
Dellwxy Service
USER'
DaNwry Seral.
USER'
■
dumbly Swaim
USER'
Amenably Unika
USER'
l g
SIGN BOARD OUTDOOR WITH PLATE TI
MOUNNG
f ,� nt �.ON
5 a
SIG BOARD OUTDOOR WITH MOUNTING
NI� P oNwow
5 b
SIGN BOARD OUTDOOR WITH MOUNT
mrrro«L.ING PLATE on
5C
Front bock
Front
front
Loading zone
Came and pbM
USER'
Gam end a ' r '
USER'
Family friendly
parking
bock
6adc
SIGN BOARD OUTDOOR WITH MODUNTING
1 5 (� d
SIGN BOARD HANGING OUTDOOR
uvour
L �,
()(„J
SIGN BOARD OUTDOOR
7a
iron,
front
front
Cart return
Cart return
Cart return
bock
bock
bodn
Cart return
Cart return
DOUBLE CART CORRAL AND SIGN B O D
O a
SINGLE CART CORRAL AND G IGN BOARD
9
SINGLE CART CORRAL ANDS K, GN BBO
9b
W W
U
In 2
Sign
Example Content
NOT TO SCALE
Exhibit D -6
iTz
a- EA_
1 —
A
a
9
9
f — t
,.. ,
9
9
A
i
1
POLE MAP
1 es
1 O a
POLE MARKER
1 o b
POLE MARKER
1 O
Parking
Aisle Identification
Signs
NOT TO SCALE
Exhibit D-7
FLAGS EXHIBIT D -8
O Plan VIew
50'- 0"
HIGHWAY SIGN
SW. . 1/93'. 1•.p
EXHIBIT D -9
33.3.41
I LI Li111111 - -- m .. - - -• : •
II I I
EAST ELEVATION
SOUTH ELEVATION
NORTH ELEVATION
WEST ELEVATION
CG
R
well
r
DRIVEWAY ACCESS
NOTE:
DRIVEWAY DESIGNATIONS AS PER APPROVED
TJ,A. ON FILE WITH THE CDY OF ROUND ROCK
DIRECTOR OF TRANSPORTATION SERVICES
EXHIBIT E
BEFORE ME, the undersigned authority personally appeared Jeffrey S. Newberg
known to me to be the person whose name is subscribed to this Affidavit, Eict< �l
of EGP Retail Management, LLC, general partner of McNeil Retail, Ltd. (the assignee of
Cerco Development, Inc.), which entity purchased the approximately 20.94 acres
described in City of Round Rock PUD No. 64 (the "Property "), who being duly sworn,
on oath, deposed and stated the following:
1. My name is Jeffrey S. Newberg. I am above the age of 18 years, of sound
mind, have never been convicted of a felony or crime of moral turpitude, and am fully
qualified to make this Affidavit.
2. I am authorized to make this Affidavit in the capacity of
��(g � , F of EGP Retail Management, LLC, a Texas limited liability company,
general partner of McNeil Retail, Ltd., a Texas limited partnership, owner of the
Property that is described in the attached Exhibit "A" ( "Owner ").
3. have personal knowledge of the facts contained herein as
E5(42--c-L- V , r. of the general partner of the Owner of the Property. On the basis of
my personal knowledge, after diligent inquiry, I hereby attest that, as of the date of this
Affidavit:
On September 15, 2005, the "Sale" described in City of Round Rock PUD No. 64, Section
II.3 occurred, pursuant to which Sale the Owner purchased the Property from McNeil
Consumer & Specialty Pharmaceuticals, a division of McNeil -PPC.
SIGNED, this ( day of September, 2005.
STATE OF TEXAS
§
COUNTY OF TRAVIS §
AFFIDAVIT OF SALE
AFFIANT:
rey S. Newberg
Subscribed, sworn to, and acknowledged before me on September ( / / , 2005, by
Jeffrey T.T rg t /' �p "2
3`• '• NANCY VANHEMERT ..h2_
` Notary Public, State of Texas -
My Commission Expires Notary P6 lic, State of ,/ ,
. ;ar March 26, 2009
Office: 512 -481 -9602
Fax: 512- 330 -1621
Page 1 of 2
Waterloo Surveyors Inc.
EXHIBIT "A"
September 12, 2005
P.O. Box 160176
Austin, Texas 78716 -0176
Thomas P. Dixon
R.P.L.S. 4324
.19802FN1
FIELD NOTES
FIELD NOTES FOR 20.94 ACRES OF LAND, MORE OR LESS, OUT OF THE EPHRAIM EVANS
SURVEY, ABSTRACT NO. 212, IN WILLIAMSON COUNTY, TEXAS, SAME BEING OUT OF THAT
CERTAIN 94.39 ACRE TRACT OF LAND DESCRIBED IN VOLUME 657, PAGE 659, DEED RECORDS,
WILLIAMSON COUNTY, TEXAS, AND FURTHER BEING ALL OF LOT 1, BLOCK A, "FINAL PLAT
OF EAST CHANDLER RETAIL CENTER ", A PROPOSED SUBDIVISION IN WILLIAMSON COUNTY,
TEXAS; FOR WHICH A MORE PARTICULAR DESCRIPTION BY METES AND BOUNDS IS AS
FOLLOWS:
BEGINNING at an iron rod set on the east R.O.W. of Interstate Highway 35 on the west line of said 94.39 acre tract at
the N.W. corner of Lot 1, Block A, "FINAL PLAT OF EAST CHANDLER RETAIL CENTER ", for the N.W. corner
hereof, from which point an "X" found in concrete on the east R.O.W. of Interstate Highway 35 at the N.W. corner of
said 94.39 acre tract bears N14 °46'52 "E at a distance of 25.79 feet;
THENCE the following twelve (12) courses and distances crossing said 94.39 acre tract along the exterior boundary of
Lot 1:
1. N69 °17'21 "E for a distance of 263.66 feet to an iron rod set;
2. N75 °05'45 "E for a distance of 118,61 feet to an iron rod set;
3. N69 °17'21 "E for a distance of 268.81 feet to an iron rad set;
4. 565 °39'08 "E for a distance of 37.56 feet to an iron rod set;
5. S20 °42'27 "E for a distance of 659.45 to a point of curvature of a curve curving to the right having a radius of
220.00;
6. 18L06 feet along the arc of said curve with a chord which bears S02 °51'16 "W fora distance of 175.99 feet to the
point of tangency of said curve;
7. 526 °25'55"W for a distance of 77.42 feet to the point of curvature of a curve curving to the right with a radius of
158.25 feet;
8. 118.48 feet along the arc of said curve with a chord which bears S47 °51'43 "W for a distance of 115.73 feet;
9. 569 °17'40 "W for a distance of 685.29 feet to an iron rod set at the point of curvature of a curve curving to the right
having a radius of 406.00 feet;
10. 175.04 feet along the arc of said curve with a chord which bears S81 °38'25 "W for a distance of 173.68 feet to an iron
rod set at the point of a reverse curve curving to the left with a radius of 263.86 feet;
11. 28.49 feet along the arc of said curve with a chord which bears N88 °58'35"W for a distance of 28.47 feet to an iron
rod set at the point of tangency of said curve;
12. 588 "W for a distance of 71.43 feet to a an iron rod set on the east R.O.W. of Interstate Highway 35 at the S.W.
corner of Lot 1;
THENCE the following three (3) courses and along the east R.O.W. of Interstate Highway 35:
I . NO2 °03'55 "W for distance of 192.00 to a concrete highway monument found at the point of curvature of a curve
curving to the right with a radius of 1095.90 feet;
Office: 512-48/-9602
Fax: 512-330-1621
Page 2 of 2
2. 398.72 feet along the arc of said curve with a chord which bears N08 °19' 14 "E for a distance of 396.52 feet to a
concrete highway monument found at the point of tangency of said curve;
3. N14 °46'51 "E for a distance of 435.92 feet to the POINT OF BEGINNING, containing 20.94 acres of land.
1, the undersigned do hereby certify that the field notes hereon were prepared from an actual on- the - ground survey
under my direct supervision and that they are true and correct to the best of my knowledge.
Thomas P. Dixon R.P.L.S. 4324
Waterloo Surveyors Inc.
EXHIBIT "A"
September 12, 2005
FIELD NOTES
P.O. Box 160176
Austin, Texas 78716 -0176
Thomas P. Dixon
R.P.L.S.4324
J9802FN1
LEGAL DESC JP110 Waterloo Surveyors Inc.
20.94 ACRES OF LAND. MORE OR LESS. OUT OF THE EPHRAIM EVANS
SURVEY. ABSTRACT NO. 212, IN WILLIAMSON COUNTY. TEXAS. AND
BEING OUT OF THAT CERTAIN 94.39 ACRE TRACT OF LAND DESCRIBED
IN VOLUME 657. PAGE 659, DEED RECORDS. WILUAMSON COUNTY,
TEXAS. AND BEING AU. OF LOT 1. BLOCK A. "FINAL PLAT OF EAST /rest cha R
CHANDLER RETAIL CENTER ", A PROPOSED SUBDIVISION IN (County Road 114)
WILLIAMSON COUNTY. TEXAS.
Lot 3 Block A
LEGEND
043 acres N 699724'21" 93 E N o.,
FOUND IRON ROD FIR 4,' G
SET IRON ROD SIR . Lt e 1 , ,$ 7
FOUND HIGHWAY MONUMENT FHM L270 L28 sx FOUND IRON PIPE FIP n ¢ - 9 L30
POINT OF BEGINNING P0B
�1 y Found "X" IN CONC. r� Lot 4 Block /
N.W. CORNER 0.40 acres
657/659
(94.39 oc)
/
Iron Rod
N.W. CORNER
657/655
Found
Iron Rod
N.W. CORNER
778/330
�
4 0 7
C5
!,
o 6R
118
778/330
(14.64 oc)
City of Round Rock
Found
Iron Rod
N.W. CORNER
871/374
(2.0 oc)
LINE COURSE AND DISTANCE CALLS
LINE I DIRECTION I DISTANCE
L1 N 6917'21" E 662.03'
L2 S 20'55'19" E 21.00
L3 5 20'4'27' E 59.59'
L4 N 7219 36" W 23.68'
15 N 59'04'07` W 158.08'
L6 S 672915" W 113.42'
L7 N 69'17'21" E 676.88'
L8 5 22'25'39" w 29.15'
19 $ 0924 29" W 69.60'
L10 S 07'36'56" E 79.37'
L11 $ 1822',3" w
112 S 3515 54" E 226.60'
44.30'
L13 S 6817'0 W 137.20'
L14 5 63' 3,5 w 238.36'
115 5 642 '51 W 164.56'
L16 $ 71•07'09" W 229,88'
117 N 34'4 '51" W 530.13'
118 5 75'2 '51 w 171.67'
99-
L15 � L14 p Ll3
City of Round Rock
871/374 871/369
(2.0 cc) (2.32 on)
L19 N 52'30'21" W 172.40'
L20 N 81'31'11" W 173.14'
L21 5 02'03'55" E 112.67'
L22 S 02'03'55" E 134.53'
L23 N 02'03'55" W 192.00'
L24 N 14'48'52" E 435.92'
L25 N 14'46'52" E 25.79
126 N 6917'21" E 263.66'
127 N 7505'45" E 118.61'
L28 N 6917'21" E 268.81'
L29 S 65'39'08" E 37.56'
L30 N 6917'33" E 74.82'
L31 N 24'20'53" E 54.63'
L32 N 6917'21" E 563.47'
133 5 20'42'27" E 659.4'
L34 S 26'25'55" w 77.42
L35 5 6917'40" W 685.29'
L36 S 88'03'21" W 71.43'
CURVE I RADIUS I LENGTH 1 CHORD I BEARING
01 1095.90' 398.72' 396.52' N 081914" E
C2 220.00' 181.06' 175.99' S 02'5116" W
C3 1 58. 1 5' 118.48'
115.73' S 47'51'43" W
C4 406.00' 175.04' 173.68' S 81'3625" W
C5 263.86' 28.49' 26.47' N 88'58 35" W
N C3
J P L
P
'5 7 , 23 'N
EeSJ 5 7 3 , 45
9 s'n R
Lot 2 Block A F/
42.50 acres
SURVEY PLAT
Thomas
Lot 2 Block A ,o
42.50 acres
"R
L6
Found FIP%
Iron Rod
S.W. CORNER
951/17 .v
Lot 2, Bk B
Chandler Creek LP
Oakmont Centre Sec. 5
F/139
Chandler Creek LP
Oakmont Centre
Sec. 5. Bk B. Lot 3
t6
Q LOT 1
P. Dixon RP.LS.
WATERLOO SURVEYORS INC.
P.O. BOX 160176
AUSTIN, TEXAS 78716 -0176
PHONE: (512) 481 -9602
4324
J9802FN1
O
To 0
m .4 %.
A
Found
Iron Rod
N.E. CORNER
951/17
(2.0 an)
0
D
r
O 0
LIZ
NZ
m
"THE UNDERSIGNED DOES HEREBY CERTIFY THAT
THE SKETCH HEREON WAS PREPARED FROM AN
ACTUAL ON -THE " OUND SURVEY AND THAT
IS IT IS TRUE AN CORRECT TO THE BEST
OF MY KNOWLEDG ON TI-115 THE 12TH DAY
OF SEPTEMBER, 2 05