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Z-05-09-08-10C3 - 9/8/2005 (2)THE STATE OF TEXAS § COUNTY OF WILLIAMSON § AGREEMENT AND DEVELOPMENT PLAN ENDEAVOR PUD PLANNED UNIT DEVELOPMENT NO. 65 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 42.50 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: Z - o5 -01 0 8 -lac3 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.14 below are followed. 3. ZONING VIOLATION Owner understands that any person, firm, corporation or other entity violating any conditions or terms of the Development Plan shall be subject to any and all penalties for the violation of any zoning ordinance provisions as stated in Section 1.601 of the Code. 4. LIEN HOLDER CONSENT There is no lien holder of record with regard to the Property as of the date of 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 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. 1. DEFINITIONS II. DEVELOPMENT PLAN Words and terms used herein shall have their usual force and meaning, or as defined in the Code of Ordinances (1995 Edition) as amended 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 42.50 acres of land, located within the city limits of Round Rock, Texas, and more particularly described by metes and bounds in Exhibit "A ". -4- 3. EFFECTIVE DATE Prior to the effective date of this Agreement, the Property was zoned "LI ". 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 4 through 16 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. 5.2 Other Ordinances All other Ordinances within the Code shall apply to the Property, except as clearly modified by this Plan. In the event of a conflict, the terms of this Agreement shall control. -5- 6. PERMITTED USES All of the uses listed as permitted by right for zoning district "C -1" under the Code shall be permitted uses on the Property, together with the following which shall also be permitted uses: • Park, Private • Residential, located above ground floor retail (provided that such residential usage may not exceed two (2) additional stories above the ground floor retail use) • Eating Establishments, including one and only one drive through located at the northeast corner of the Property in the general configuration depicted in Exhibit "B" such that the drive through queuing lane is not in the street yard; and provided that a non - vehicular "to go" window for a sit down restaurant shall not be counted as such a drive through use 7. PROHIBITED USES In addition to uses that are prohibited in zoning district "C -1" under the Code, the following uses are prohibited: • Automotive & machinery repair • Automotive & machinery services • Automotive & machinery washes • Automotive parts sales (as a primary use) • Automotive rental • Automotive sales • Billiard parlors & pool halls (as a primary use) • Boat sales (as a primary use) • Bulk distribution centers (provided that this shall not prohibit warehouse use that is ancillary to a permitted primary use) • Camper sales • Campgrounds • Donation centers • Flea markets • Gasoline & fuel sales • Grocery store • Heavy equipment sales, rental & leasing • Industrial building sales • Kennels • Manufactured home sales • Mini warehouses • Outdoor Entertainment -6- • Pawn shops • Portable building sales (as a primary use) • Recreational vehicle parks • Recycling centers (provided that this prohibition shall not prevent use of temporary collection and storage bins for recyclable materials generated by a permitted use during the ordinary course of business) • 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 (as a primary use) • Wholesale nurseries (as a primary use) • Wireless Transmission Facility, Self- Standing • Wrecking yards 8. ADDITIONAL USES All other uses that are not specifically addressed in this ordinance will require an amendment in accordance with Section 14, below. 9. LANDSCAPING In addition to complying with the landscape and tree ordinances of the Code, development of the Property shall include the preservation of the existing Monarch Tree located on the Property and the following enhancements along the Primary Access Drive, as identified in Exhibit "C -1 ". One large tree shall be planted every forty feet (40') on center in the median island and along the south and east sides of the Primary Access Drive, as conceptually depicted in Exhibits "C -3 ", "C-4" and "C -5 ", with the exception of both ends of the drive and the interior intersections, which shall have decorative paving and shall be landscaped with ornamental plantings consisting of small trees, shrubs and grasses, as conceptually depicted in Exhibits "C -2 ", "C -3 ", "C-4" and "C -5 ". 10. 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. -7- In the event of a conflict between the Code and this Agreement, the provisions of this Agreement shall control. Changes in the location or appearance of signs described in this Section 10, 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, are minor changes pursuant to Section 14 below. 10.1 Entrance Signs For the purpose of directing traffic to the entrance of the shopping center, one (1) double -sided free - standing sign may be installed and maintained by Owner at the drive off of the IH -35 frontage road and at one of the two drives (at Owner's choice) off of Chandler Road, as depicted in Exhibit "E ", for a total of two (2) such free - standing signs. Each such free - standing sign shall have a masonry base, such masonry to be consistent with the masonry and design standards applicable to the Property pursuant to Section 11 of this Agreement. Entrance signs shall incorporate materials and colors that are complementary to the overall design of the shopping center. Either or both free - standing signs may be pole signs, provided a pole sign shall have the masonry base just described, and provided a pole sign be supported by a minimum of (2) poles which shall not be round. The pole sign at the drive off of the IH -35 frontage road shall not exceed forty - five (45) feet in height, and the pole sign at the drive off of Chandler Road shall not exceed thirty (30) feet in height. The face or sign area of each such pylon sign shall not exceed ninety (90) square feet. "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. 10.2 Monument Signs One (1) monument sign shall be permitted for each pad site abutting Chandler Road, up to a maximum of three (3) monument signs, and one (1) monument sign shall be permitted for a pad site abutting the IH -35 frontage road. In addition, one monument sign shall be permitted for each interior pad site on the Property, up to a maximum of three (3) monument signs along the Primary Access Drive identified in Exhibit "C -1 ". Each sign (i) may be up to six (6) feet in height, (ii) shall have a masonry base and masonry framing around the sign face, -8- provided that the masonry shall be of a type consistent with the design standards applicable to the Property pursuant to Section 11 of this Agreement, (iii) need not comply with the landscaping requirements of the Code if such monument sign is located on or adjacent to a berm feature located on the perimeter of the Property, and (iv) may in any event have a face or sign area not to exceed fifty (50) square feet. Monument signs shall be illuminated either by (i) ground - mounted fixtures or (ii) with internally illuminated channel letters with reverse channel, halo, plex face or routed panel with push - through letters. Only the business symbol /logo may be plex face. 11. DESIGN STANDARDS The buildings constructed on the Property shall be 100% masonry, provided that at least 50% of the overall exterior of such buildings, in the aggregate, shall be stone; and provided further that at least 50% of the exterior of any building containing an eating establishment use with drive through shall be stone. The color and texture of the stone used on the Property shall be compatible and harmonious with the buildings constructed on PUD 59 and /or PUD 60, as conceptually depicted in Exhibit "D "; provided, however, that if buildings on the Property are constructed prior to the development of PUD 59 and PUD 60, then such stone used on the Property shall be compatible and harmonious with the color and texture of the stone specified in the construction plans for the buildings to be constructed on PUD 59 and/ or PUD 60. The following materials are prohibited on the exterior walls and roofs of all buildings and structures. • Asbestos • Mirrored Glass (reflectivity of 20% or more) • Corrugated metal • Unfinished sheet metal (except for trim or minor decorative features approved by the Director of Planning, or as otherwise provided herein) 12. UNDERGROUND UTILITY SERVICE Except where approved in writing by the Chief of Public Works Operations, all electrical, telephone and cablevision distribution and service lines, other than overhead lines that are three phase or larger, shall be placed underground. All transformers must be visually screened. -9- 13. DRIVEWAY ACCESS AND THROAT LENGTHS 13.1 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. 13.2 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. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN 14.1 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. 14.2 Major Cha nges All changes not permitted under section 14.1 above shall be resubmitted following the same procedure required by the original PUD application. 15. CONCEPT PLAN APPROVED Approval of this Agreement constitutes Concept Plan approval under the City Subdivision Ordinance. 16. GENERAL PLAN 2000 This Agreement amends the Round Rock General Plan 2000, which was adopted on June 10, 1999. -10- Cerco Development, Inc. N aMe: - Title: Date: CITY OF ROUND ROCK TEX By: • 1° xwe11, Mayor ATTEST: By: 1.0tIl Vjli )(61 -t - t 111" ) 1 Christine Martinez, City Secretary LIST OF EXHIBITS EXHIBIT DESCRIPTION Exhibit "A" Metes and Bounds Description of Property Exhibit "B" Drive Through Location Exhibit "C -1" Primary Access Drive Exhibit "C -2" Entry Feature Landscaping (IH -35) Exhibit "C -3" Entry Feature Landscaping (Chandler Road) Exhibit "C -4" Primary Access Drive Landscaping Exhibit "C -5" Monarch Tree Landscaping Exhibit "D" Masonry Theme for PUD's 59 and 60 Exhibit "E" Driveway Access Exhibit "F" Affidavit of Sale -12- EXHIBIT A METES AND BOUNDS DESCRIPTION OF PROPERTY Office: 512481 -9602 Fax: 512 -330 -1621 page 1 of 3 Waterloo Surveyors Inc. EXHIBIT "A" September 14, 2005 FIELD NOTES Thomas P. Dixon R.P.L.S. 4324 19802FN2 FIELD NOTES FOR 42.50 ACRES OF LAND, MORE OR LESS, OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT 140.232,114 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 2, 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 line of said 9439 acre tract, same being on the west line of Lot 1, Oakmont Centre Section 2, a subdivision in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet F, slide 174, Plat Records, Williamson County, Texas, for the N.E. comer of Lot 2 and the S.E. corner of Lot 4, Block A, "FINAL PLAT OF EAST CHANDLER RETAIL CENTER ", for the N.E. comer hereof, from which point an iron rod found on the south R.D.W. of West Chandler Road (County Road 114) at the N.W. corner of Lot 1, Oakmont Centre Section 2, bears N20 °55' 19 "E at a distance of 21.00 feet; THENCE S20 °55'19 "E for a distance of 1479.61 feet to an i ron rod found at the S.W. comer of Lot 1, Block B, Oakmont Centre Section 5, a subdivision in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet P, Slide 139, Plat Records, Williamson County, Texas, for the most easterly, S.E. comer hereof THENCE the following nine (9) eourses and distances along the north and west line of Lot 2, Block B, Oakmont Centre Section 5: 1. N72 ° 39'36"W far a distance of 23.68 feet to a pipe Found; 2. N59 °04'07 "W fora distance of 158.08 feet to an iron rod found; 3. S67 ° 29' 14 "W for a distance of 113.42 feet to an iron rod set; 4. S54 °57'22 "W for a distance of 373.45 feet to an iron rod found; 5. S22°25'39 "W for a distance of 29.15 feet to an iron rod found; 6. S09 °24'29 "W for a distance of 69 -60 feet to an iron rod found; 7. S07 ° 36'57"E for a distance of 79.37 feet to an iron rod found; S. S18 ° 22'32 "W for a distance of 44.30 feet to an iron rod found; 9. 835 °I5'54 "E for distance of 226.60 feet to an iron rod found at the N.W. comer of that certain 2.0 acre tract recorded in Volume 951, Page 17, Peed Records, Williamson County, Texas, for the most southerly, S.E. corner hereof, THENCE S68 °17'04 "W for a distance of 137,20 feet to an iron rod found at the N.W. comer of Lot 3, Block B, Oakmont Centre Section 5; P.O. Box I60176 Austin, Texas 78716 -0176 Office: 512 -481 -9602 Fax:512- 330 -1621 page 2 of 3 Waterloo Surveyors Inc. EXHIBIT "A" September 14, 2005 THENCE S63 °50'35 "W fora distance of 238.36 feet to an iron rod set at the N.W. corner of that certain 2.32 acre tract recorded in Volume 871, Page 369, Deed Records, Williamson County, Texas; THENCE S64 °23'50 "W for a distance of I64.56 feet to an iron rod Set; THENCE S71 °07'09 "W for a distance of 22958 feet to an iron rod found at the N.W. comer of that certain 2.0 acre tract recorded in Volume 871, Page 374, Deed Records, Williamson County, Texas, same being at an angle point on the east line of that certain 14.64 acre tract of land recorded in Volume 778, Page 330, Deed Records, Williamson County, Texas for the most southerly, S.W. corner hereof; 'THENCE the following four (4) courses and distances along the north line of said 14.64 acre trace: I. N34 °45'51 "W for a distance of 530.13 feet to an iron rod set; 2. 575°23'51 "W for a distance of 171.67 feet to an iron rod set; 3. N52 °30'21 "W for a distance 01172.40 feet to an iron rod set; 4. N81 ' 1 I "W for a distance of 173.14 feet to an iron rod found on the east R.O.W. of Interstate Highway 35 at the common N.W. corner of said 1464 acre tract and the S.W. corner hereef, THENCE the following two courses and distances along the east R.O.W. of Interstate Ilighway 35: 1. NO2 °03•55 "W for a distance of 112.67 feet to an iron rod found at the N.W. comer of that certain tract of parcel of land recorded in Volume 657, Page 655, Deed Records, Williamson County, Texas; 2. NO2 °03'55"W for a distance of 134.53 feel to an iron rod set for the most westerly, N.W. comer hereof from which point a highway monument found at the point of curvature of a curve curving to the right bears NO2903'55 "W at a distance of 192.00 feet; THENCE the following eight courses and distances along the north and west line of Lot 2 crossing said 94.39 acre tract: 1. N88 °03'21 "E for a distance of 71.43 feet to an iron rod set at the point of curvature of a curve curving to the right having a radius of 263.86 feet; 2. 28.49 feet along the are of said curve with a chord which bears S88 ° 58' 35 "E for a distance of 28.47 feet to an inn rod set at the point of curvature of a reverse curve curving to the left with a radius of 406.00 feet; 1 175.04 feet long the am of said curve with a chord which bears N81 °38'25"E for a distance of I73.68 feet to an iron rod set at the point of tangency of said curve; 4. N69°1 7'40 "E fora distance of 685.29 feet to an iron rod set at the point of curvature of a curve curving to the left with a radios of 158.15 feet; 5. 118.48 feet along the am of said curve with a chord which bears N47°51 '43"E for a distance of 115.73 feet to the point of tangency of said curve; 6. N26 ° 25'55"E for a distance of 77.42 feet to the point of curvature of a curve curving to the left with a radius of 220 -00 feet; P.O. Box 160176 Austin, Texas 78716 -0176 Thomas P. Dixon R.P.L.S. 4324 19802FN2 Office: 512 -481 -9602 Fax: 512- 330 -1621 page 3 of 3 7. 181.06 feet along the arc of said curve with a chord which bears NO2°51' 16 "E for a distance of 175.99 feet to the point of tangency of said curve; 8. N20 °42'27 "W for a distance of 659.45 fee to an iron rod set at the S.W. corner of Lot 4, Block A and the most northerly, N.W. corner of Lot 2 for the most northerly, N.W. corner hereof; THENCE the following three (3) courses and distances along the common north line of Lot 2 and the south line of Lot 4: 1. N69 °17'33 "E for a distance of 74.82 feet to an iron rod set; 2. N24 °20'52 "E for a distance of 54.63 feet to an iron rod set; 3. N69 °17'21 "E for a distance of 563.47 feet to the POINT OF BEGINNING, containing 42.50 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 upervision 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 14, 2005 P.O. Box 160176 Austin, Texas 78716 -0176 Thomas P. Dixon R.P.L.S. 4324 19802FN2 LEGAL DESCRIPTION: 42.50 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, 1NLLIAMSON COUNTY, Feet Chandler Road TEXAS, AND BEING ALL OF LOT 2, BLOCK A, "FINAL PLAT OF EAST (County Road 114) CHANDLER RETAIL CENTER ", A PROPOSED SUBDIVISION IN Lot 3 Black A WILLIAMSON COUNTY, TEXAS. 0.43 acres LEGEND FOUND IRON ROD FIR � LI I 5� 5 SET IRON ROD 51R FOUND IRON PIPE FIP FOUND HIGHWAY MONUMENT FHM A POINT OF BEGINNING P09 y4� "' Y � y � Vo N e �{L o FHM Found Iron Rod Sr R L36 �S1R N.W. CORNER ry 657/655 \ n ri C5 :P0 y1• f S CR 118 778/330 (14.64 ac) City of Round Rock Found Iron Rod N.W. CORNER 778/330 Found "X" IN CONC. x `.9 S t N.W. CORNER 657/659 (64.39 ac) Found Iron Rod N.W. CORNER 871/374 (2.0 ac) LINE COURSE AND DISTANCE CALLS LINE 1 DIRECTION 1 DISTANCE 11 N 6917'21" E 662.03' L2 N 20'55'19" E 21.00' L3 S 20'42'27" E 59.59' 14 N 7239'36" W 23.68' L5 N 59'04'07" W 156.08' L6 5 67'29'14" W 113.42' L7 N 6917'21" E 676.88' L8 S 22'25'39" W 29.15' L9 5 05'24'29" W 69.60' L10 5 07'36'57' E 79.37' 111 S 18'22'32" W 44,30' L12 S 3515'54" E 226.60' 1.13 S 6817'04" W 137.20' L14 5 63'50'35" W 238.36' L15 S 64'23'50" 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' ^,R CURVE 1 RADIUS 1 LENGTH 1 CHORD 1 BEARING 1095.90' 398.72' 396.52' S 0819'14" W 220.00' 181.08' 175.99' N 02'51'16" E C3 158.15' 118,48' 115.73' N 47'51'43" E C4 406.00' 175.04' 173.68' N 81'38'25" E C5 263.86' 28.49' 26.47' 9 88'58'35" E C1 C2 aR C City of Round Rock 871/374 871/369 (2.0 ac) (2.32 ac) 119 N 52'30'21" W 172.40' L20 N 81'31'11" W 173.14' L21 N 02'03'55" W 112.67' L22 N 02'03'55" W 134.53' L23 N 02'03'55" W 192.00' L24 N 14'46'52" E 435.92' L25 N 14'46'52" E 25.79' L26 N 6917'21" E 263.56' L27 N 75'05'45" E 118.61' L28 8 6917'21" E 268.81' 129 5 65'3908' E 37.56' L30 N 69'17'33" E 74.82' L31 N 24'20'52" E 54.63' 132 N 69'17'21" E 563.47' 133 N 20'42'27" W 659.45' L34 N 26'25'55" E 77.42' 135 N 6917'40" E 685.29' 136 N 68'03'21" E 71.43' Waterloo Surveyors Inc. SURVEY PLAT 1.36*i N7". 1.32 Q� . Lot 4 81005. A 0.49 acres Lot 2 Block A E. 4250 acres 5 F, ,2 P e J 5 54'5723~ W y S f 37 k " L6 I Si. F'R 11 F Lot 2 Biock A F (y 42.50 acres F74, Lot 2, Bk B Chandler Creek LP ▪ Oakmont Centre Sec. 5 116 �L15 y 114 53113 1/139 \ 1 1 Chandler Creek LP Oakmont Centre Sec. 5, 88 B, Lot 3 Found Iron Rod N.W. CORNER 951/17 O to D a 1 N '1 0 N 6917'21" E 244.93' oZM E - � m O Ul � rnd 0 Z - N A q� 11 ,L1 F84 Found Iron Rod N.E. CORNER 951/17 (2.0 oc) "THE UNDERSIGNED DOES HEREBY CERTIFY THAT THE SKETCH HEREON WAS PREPARED FROM AN ACTUAL ON- THE - GROUND SURVEY AND THAT IS IT IS TRUE AND COR•ECT TO THE BEST OF MY KNOWLEDGE ON 115 THE 12TH DAY OF SEPTEMBER, 2005." Thomas P. Dixon R.P.LS. 4324 WATERLOO SURVEYORS INC. P.O. BOX 160176 AUSTIN, TEXAS 78716 -0176 PHONE: (512) 481 -9602 J9802FN2 ROAD 114) _•••∎ N 69'17'21' E 563.47' EXHIBIT B DRIVE THROUGH LOCATION CHANDLER ROAD (COUNTY ROAD 114) N 69'17 21 E 1336.91 N 69'17'21' E 563.47' gal IIIWrj NARY ACCESS ROAD 1. PARTIAL PLAN VIEW 1" =100' 2. ENLARGED PLAN VIEW 1 " =50' • EXHIBIT C PRIMARY ACCESS DRIVE LANDSCAPING Exhibit "C -1" Primary Access Drive Exhibit "C -2" Entry Feature Landscaping (IH -35) Exhibit "C -3" Entry Feature Landscaping (Chandler Road) Exhibit "C -4" Primary Access Drive Landscaping Exhibit "C -5" Monarch Tree Landscaping I PRIMARY ACCESS DRIVE ; / 1 1 / ' r / / / / CHANDLER ROAD (COUNTY ROAD 1141 -� / 1 L / - // / / , / 1 '' / /! / // / / // I // / / //// / / / /i /// // ' '/ // I I 11 f , //l /i / r- EXHIBIT C -1 LOT 1, BLOCK A 20.94 ACFE8 LOT 2, BLOCK A 4250 ACRES PRIMARY ACCESS DRIVE 1 // - - - 7 i ( 1 l ■ \ 1 4.rigcCpckaitecare ws ww, r.200 512 17 / 1 . 817 120.r. ENTFtY MEDTANISLAND LANDSCAPE FRONTA - EITHANCED PAVEMENT 1-35 GE ROAD ENTRY PLANTING AREA MOW EDGE, TYP. User - Lot 2 Entry Feature Landscaping EXHIBIT C-2 • • • SMALL TREE, TYP LOT LINE, TYP LANDSCAPE MEDIAN,TYP NORTH 7%077 1 15 30' 60' F DATE: AUGUST 22, 2005 All intonation show is based from sources deemed reliable and is is subject to chenge. — 'ENTRY MEDIAN ISLAND CHANDLERROAD ENHANCED PAVEMENT LOT LINE, TYP. SMALL TREE, TYP. LARGE TREE, TYP. User - Lot 2 4 Entry Feature Landscaping EXHIBIT C -3 ENTRY PLANTING AREA LANDSCAPE MEDIAN,TYP '- DATE: AUGUST 22, 2005 AR information show is based from sources deemed reliable and is is subject to change. 6 0 R 6. 6 F a 5 F 0 a s a e c u 3 EDI 1 , - 7 NORTH i i 0' 15' 30' 60' c PARKING SCREENING, TYP. (1•4 PRIMARY ACCESS DRIVE 23 SMALL TREE, TYP. LARGE TREE, TYP. ENHANCED PAVEMENT User - Lot 2 Primary Access Drive Landscaping EXHIBIT C -4 LANDSCAPE MEDIAN,TYP QUARRY BLOCK,TYP. DATE: AUGUST 22, 2005 Alt information show Is based from sources deemed reliable and is Is subject to change. F a [El NO RTH ^ 0' 25' 50' LANDSCAPE MEDIAN, TYP. LARGE TREE' T1'PJ ENHANCED PAVEMENT User - Lot 2 Monarch Tree Landscaping $a EXHIBIT C -5 QUARRY BLOCK, TYP. LANDSCAPE BEDS, TYP. PRIMARY ACCESS DRIVE CRUSHED GRANITE PATH,TYP MONARCH TREE a NORTH 8 25 50 DATE AUGUST 22, 2005 AR information show is baud from sources deemed reliable and is is subject to change. VlEN Ai MAIM .TRY NMI VIEW FROM PAXRWHO f ,H-35 HORfH S1MON ROUND ROCK PREMIUM OUTLETS • EXHIBIT D: Masonry Theme for PUD's 59 and 60 1 - _774 .-. DRIVEWAY ACCESS 715' 8" CHANDLER ROAD (FN. 1434) 1 e DRIVEWAY "P" DRIVEWAY I ESICTICNS AS PER APPROVED 011V ONO ROCK [AMOR O ItOPORTAIKA SERVICES EXHIBIT E PUD 65 k DRIVEWAY "D" DRIVEWAY 'R" STATE OF TEXAS COUNTY OF TRAVIS Jeffrey S. Newberg, AFFIDAVIT OF SALE BEFORE ME, the undersigned authority personally appeared Jeffrey S. Newberg known to me to be the person whose name is subscribed to this Affidavit, /X l '� of EGP Retail Management, LLC, general partner of McNeil Retail, Ltd. (the assignee of Cerco Development, Inc.), which entity purchased the approximately 42.5 acres described in City of Round Rock PUD No. 65 (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 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. I have personal knowledge of the facts contained herein as (,) f? 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. 65, 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. § § Subscribed, sworn to, and acknowledged before me on September / , 2005, by NANCY VANHEMERT Notary Public, State of Texas My Commission Expires March 28, 2009 AFFIANT: Notary P t tic, State of i rey S. Newberg Office: 512 -482 -9602 Fax: 512- 330 -I621 page I of 3 Waterloo Surveyors Inc. EXHIBIT "A" September 14, 2005 FIELD NOTES Thom= P. Dixon R.PL.S, 4324 19802FN2 FIELD NOTES FOR 4250 ACRES OF LAND, MORE OR LESS, OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, ON WILLIAMSON COUNTY, TEXAS, SAME BEING OUT OF THAT CERTAIN 9439 ACRE TRACT OF LAND DESCRIBED IN VOLUME 657, PAGE 659, DEED RECORDS, WILLIAMSON COUNTY, TEXAS, AND FURTHER BEING ALL OF LOT 2, BLOCK A, "FINAL PLAT OF EAST CHANDLER RETAIL CENTER ", A PROPOSED SUBDIVISION IN WILLIAMSON COUNTY, TEXAS; FOR WBICH A MORE PARTICULAR DESCRIPTION BY METES AND BOUNDS IS AS FOLLOWS; BEGINNING at an iron rod set on the east line of said 9439 acre tract, same being on the west line of Lot 1, Oakmont Centre Section 2, a subdivision in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet F, slide 174, Plat Records, Williamson County, Texas, for theN.E. comer of Lot 2 and the S.E. corner of Lot 4, Block A, "FINAL PLAT OP EAST CHANDLER RETAIL CENTER ", for the N.E. corner hereof, from which point an iron rod found on the south R.O.W. of West Chandler Road (County Road 114) at the N.W. comer of Lot t, Oakmont Centre Section 2, bears N20 °55' 19"E at a distance of 21.00 feet; THENCE S20 °55' 19 "E fora distance of 1479.61 feet to an iron rod found at the S.W. corner of Lot 1, Block 8, Oakmont Centre Section 5, a subdivision in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet F, Slide 139, Plat Records, Williamson County, Texas, for the mast easterly, S.E. comer hereof; THENCE the following ;tine (9) courses and distances along the north and west line of Lot 2, Block B, Oakmont Centre Section 5: I. N72 °39'36"W fora distance of 23.68 feet to a pipe found;. 2. N59 °04'0T' W for a distance of 158.08 feet to an iron rod found; 3. 567°29'14'W for a distance of 113.42 feet to an iron rod set; 4. S54 ° 57'22 "W fora distance of 373.45 feet to an iron rod found; 5. 922 °25'39 "W for a distance of 29.15 feet to an iron rod found; 6. S09 °24'29 "W for a distance of 69 -60 feet to an iron rod found; 7. S07 °36'57"E fora distance of 79.37 feet town iron rod found; 8. S18 ° 22•32 "W for a distance of 44.30 feet to an iron rod found; 9. 535 °15'54'E fora distance of 226.60 feet to an iron rod found at the N.W. comer of that certain 2.0 acre tract recorded in Volume 951, Page 17, Deed Records, Williamson County, Texas, for the most southerly, S.E. comer hereof; THENCE S6S °17'04 "W for a distance of 137.20 feet man iron rod found at the N.W. comer of Lot 3, Block B, Oakmont Centre Section 5; P.Q. Box 169176 Austin, Texas 78716 -0176 Office: 512- 481 -9602 Fax. 512- 330 -1621 page 2 of 3 Waterloo Surveyors Inc. EXHIBIT "A" September 14, 2005 P.O. Box 160176 Austin, Texas 78716 -0176 Thomas P, Dimon R.P.L.S. 4324 19802FN2 THENCE S63 °50'35 "W fora distance of 238.36 feet to an it rod set 4 the N.W. comer of that certain 2.32 acre tract recorded in Volume 871, Page 369, Deed Records, Williamson County, Texas; THENCE S64°23'50 "W for distance of 164.56 feet to an iron rod set; THENCE S71 °07'09 "W for a distance of 229.88 feet to an iron rod found at the N.W. comer of that certain 2.0 acre tract recorded in Volume 871, Page 374, Deed Records, Williamson County, Texas, same being at an angle point on the east line of that certain 14.64 acre tract of land recorded in Volume 778, Page 330, Deed Records, Williamson County, Texas for the most southerly, S.W. comer hereof; 'THENCE the following four (4) courses and distances along the north line of said 14.64 acre tract: 1. N34 °45'51 "W for a distance of 530.13 feet to an iron rod set; 2. 575°23'51"W fora distance of 171.67 feet to an Iron rod set; 3- N52 °30'21 "W for a distance of 172 -40 feet to an iron rod set; 4. 1981 fora distance of 173.14 feet to an iron rod found on the east R.O.W. of Interstate Highway 35 at the common N.W. comer of said 1454 acre tract and the S.W. comer hereof, THENCE the following two courses aad distances along the east R.O.W. of Interstate Highway 35: 1. NO2 °03'55 "W for a distance of 112.67 feet man iron rod found at the N.W. comer of that certain tract of parcel of land recorded in Volume 657, Page 655, Deed Records, Williamson County, Texas; 2. NO2 °03'55 "W for a distance of 134.53 feel 10 an iron rod set for the most westerly, N.W. comer hereof from which point a highway monument found at the point of curvature of a curve curving to the right bears NO2°03'55 "W at a distance of 192.00 feet; THENCE the following eight courses and distances along the north and west line of Lot 2 crossing said 94.39 acre tract 1. N88 °03'21 "E for a distance of 71.43 feet to an iron rod set at the point of curvature of a curve curving to the right having a radius of 263.86 feet; 2. 28.49 feet along the arc of said curve with a chord which bears S88 °58'35 "E for a distance 0( 28.47 feet to an iron rad set at the point of curvature of a reverse curve curving to the left with a radius of 406.00 feet; 3. 175.04 feet long the arc of said curve with a chord which bears N81 °38'25 "E for a distance of 173.68 feet to an iron rod set at the point of tangency of said curve; 4. 196997'40"E for a distance of 685.29 feet to anima rod set at the point of curvature of a curve curving to the left with a radius of 158.15 feet; 5. 118.48 feet along the am of said curve with a chord which beats N47 °51 "E for a distance of 115.73 feet to the point of tangency of said curve; 6. 1426 ° 25'55"E for a distance of 77.42 feet to the point of curvature of a curve curving to the left with - a radius of 220.00 feet; Office: 512 -481 -9602 Fax: 512- 3304621 page 3 of 3 7. 181.06 feet along the arc of said curve with a chord which bears NO2 °51' 16 "E for a distance of 175.99 feet to the point of tangency of said curve; 8. N20 °42'27 "W for a distance of 659.45 feet to an iron rod set at the S.W. comer of Lot 4, Block A and the most northerly, N.W. comer of Lot 2 for the most northerly, MW comer hereof; THENCE the following three (3) courses and distances along the common north line of Lot 2 and the south line of Lot 4: 1. N69 °17'33 "E for a distance of 74.82 feet to an iron rod set; 2. N24 °20'52 "E for a distance of 54.63 feet to an iron rod set 3. N69 °17'21 "E for a distance of 563.47 feet to the POINT OF BEGINNING, containing 42.50 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 upervision 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 14, 2005 P.O.. Box 160176 Austin, Texas 78716 -0176 Thonws P. Dixon R.P.L.S. 4324 19802FN2 LEGAL DESCRIPTION: 42.50 ACRES OF LAND. MORE OR LESS, OUT OF THE EPHRAIM EVANS SURVEY. ABSTRACT NO. 212, IN 8ILUAMSON COUNTY, TEXAS, AND BEING OUT OF THAT CERTAIN 94.39 ACRE TRACT OF LAND DESCRIBED IN VOLUME 657. PAGE 659, DEED RECORDS, WILLIAMSON COUNTY. swot Chandler . TEXAS, AND BEING ALL OF LOT 2, BLOCK A. "FINAL PLAT OF EAST (County .Road 114) CHANDLER RETAIL CENTER ", A PROPOSED SUBDIVISION IN Lot 3 B ack A W14LIAMSON COUNTY, TEXAS. Lot acres LEGEND FOUND IRON ROD FIR '4 L7 SCR SET IRON ROD SIR ut 426 1i L2jN L28 FOUND IRON PIPE FIP POINT BEGNNNGNPOBNi FH � vM A �� Found "X' IN CONC. 9 N. W. CORNER o _+(, (9 9 I INN HM (94.39 oc) N Y p 01 'Ve Lot I Block A N9 FHM 20.94 acres Found Iron Rod S/R .�h N.W. CORNER N •:f 4 Slp L35 �" 657/655 , 1 Found Iron Rod N.W. CORNER 778/330 Found Iron Rod N.W. CORNER 871/374 (2.0 ac) LINE COURSE AND DISTANCE CALLS LINE 1 DIRECTION 'DISTANCE LI 14 691721" E 662.03' 1.2 N 20"75'19 " - E L3 S 20'42'27" E L4 14 72'39'36" W L5 N 5 'o4'o7" W 158.08' 16. .5 6'29'14" W 113.42' L7 N 6917'21' 1 676.88' 18 S 22'25'39" W 29,15' 2150' 59.59' 23.68' L9. 5 09'24'29" W 59, L10 5 0736'57' E 7937' 111 s 15'22'32" W 44.30' 112 S. 3515'54" 1 226.60' 113 .5 6617'04 "'W 137.20' 114 5 63'50'35" W 238,36' L15 S 64.53'50" W 164.56' 116 5 71'07'09 W 229.88' L17 14 34'4''51" W . 530,13' L18 5 75''1351" W 171.57' Lot 2 Block A 42.50 acres L16 6 L15 er L14 p L13 City of Round Rock 871/374 871/369 (2.0 oc) (2.32 ac) CURSVE - 1 RADIUS 1 LENGTH 1 CHORD 1 B.ARIg 1095.90' X98.72' 396:52 5 081914 ,. W C2 220.00 181.06' 175.99' N 02'51'18' E C,3 086.15' 11 8.49 406.00' 175.54' 173.88' 14 81'38"25' E CS 263.86' 28,49' 28 "47' S 88'$8'35' E 01 115,73' 14 47'51`43" E C4 119 N 52'30'21" W 172.40' L20 N 81'31'11" W 173.14' 1.21 14 02'03'55" W 112.67' 122 N 02'03'55" W 134.53' L23 N 02'03'55" W 192.00' L24 N 1446'52" E 435.92' 125 N 14'46'52" E 25.79' L26 N 69'17'21' E 263.66' 1.27 N 75'05'45" E 118 ,61' 128. N 6917'21' E 268.81' 3756' 129 5 65'39'08 E 130 14 6917'33" E. 74.82' 151 N 24'20'52" E 54,63' L32 14 69'1721" € 563.47' 133 N 20'42'27' W 659:45' L34 N 26'25'55" E 77.42' 135 14 6997'40" f 685.29' 136 N 84'03'21" E Waterloo Surveyors Inc. SURVEY PLAT SI L7 J9802FN2 130*) , L32 Lot 4 Block A 0 45 acres 4/ Lot 2 Block A TO 4250 acres C3 ;f, n'ry CS 51 F,`� c 9 N ° R \ \-t.. P'' to 1R 5lR 4 J �' S 5 3 45 W 4: P 778 33D 118 F' S 449 31 L6 ! (14.64 ac) City of Round Rack �Q FIP v F�k <v 1 2? Lol 2, Bk B v ▪ Chandler Creek LP N Oakmont Centre Sec. 5 5/139 \ Chandler Creek LP Oakrnont Centre Sec. 5, Bk B. Lot 3 Found Iron Rod N.W. CORNER 951/17 0 1"m D N 6917 E 244.93' f x 0 FIR _2.. Q' mNz 7 4 d to a D !n fn p_ NZ NZ A m Found Iron Rod N.E. CORNER 951/17 (2.0 ac) "THE UNDERSIGNED DOES HEREBY CERTIFY THAT THE SKETCH HEREON WAS PREPARED FROM AN ACTUAL ON- THE- GROUND SURVEY AND THAT IS IT 15 TRUE AND CDR' ECT TO THE BEST OF MY KNOWLEDGE ON 115 THE 12TH DAY OF SEPTEMBER,, 2005.° Thomas P. Dixon R.P.L. S. 4924 WATERLOO SURVEYORS INC. P.O. BOX 160176 AUSTIN. TE7{A5 78716 -0176 PHONE: (512) 481 -9602 ORDINANCE NO. 1- 05 (A -OE- JOC3 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 42.50 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. 65. 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 42.50 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. 65, 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.65, and ® PFD,, ktop\:: ODNA /WORL➢O% /0: /w DD% /OROINANC /05D908C3 PD /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. 65 meets the following goals and objectives: (1) The development in PUD No. 65 is equal to or superior to development that would occur under the standard ordinance requirements. (2) P.U.D. No. 65 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) P.U.D. No. 65 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. 65 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. 65 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. 65, and that the Mayor is hereby authorized and directed to enter into the Agreement and Development Plan for PUD No. 65 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. READ, PASSED, and ADOPTED on first reading this 0 day of ,[1x[ ) TU.Lly , 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: , 2005. NYLE CHRISTINE R. MARTINEZ, City Secr ary LL, Mayo City o Round Rock, Texas 4. Office: 512 -481 -9602 Fax: 512-330-1621 page 1 of 3 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 J9802FN2 FIELD NOTES 42.50 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 2, 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 point on the east line of said 9439 acre tract, same being on the west line of Lot 1, Oakmont Centre Section 2, a subdivision in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet F, slide 174, Plat Records, Williamson County, Texas, for the N.E. corner of Lot 2, Block A, "FINAL PLAT OF EAST CHANDLER RETAIL CENTER ", for the N.E. comer hereof, from which point an iron rod found on the south R.O.W. of West Chandler Road (County Road 114) at the N.W. corner of Lot 1, Oakmont Centre Section 2, bears N20 °55' 19 "E at a distance of 21.00 feet; THENCE S20 °55' 19 "E for a distance of 1479.61 feet to an iron rod found at the S.W. corner of Lot 1, Block B, Oakmont Centre Section 5, for the most easterly, S.E. corner hereof; THENCE the following nine (9) courses and distances along the north line of Lot 5, Block B, Oakmont Centre Section 5: 1. N72 °39'36 "W for a distance of 23.68 feet to a pipe found; 2. N59 °04'07 "W for a distance of 158.08 feet to an iron rod found; 3. S67 °29' 15 "W for a distance of 113.42 feet to an iron rod set; 4. S54 °57'23 "W fora distance of 373.45 feet to an iron rod found; 5. S22 °25'39 "W for a distance of 29.15 feet to an iron rod found; 6. S09 °24'29 "W for a distance of 69.60 feet to an iron rod found; 7. S07 °36'56 "E for a distance of 79.37 feet to an iron rod found; 8. S18 °22'33 "W for a distance of 44.30 feet to an iron rod found; 9, S35 °15'54 "E for a distance of 226.60 feet to an iron rod found at the N.W. comer of that certain 2.0 acre tract recorded in Volume 951, Page 17, Deed Records, Williamson County, Texas, for the most southerly, S.E. corner hereof; THENCE S68 °17'04 "W for a distance of 137.20 feet to an iron rod found at the N.W. corner of Lot 5, Block B, Oakmont Centre Section 5; Office: 512 -481 -9602 Fax: 512-330-1621 page 2 of 3 Waterloo Surveyors Inc. EXHIBIT "A" July 20, 2005 THENCE S63 °50'35 "W for a distance of 238.36 feet to an iron rod set at the N.W. comer of that certain 2.35 acre tract recorded in Volume 871, Page 369, Deed Records, Williamson County, Texas; THENCE S64 °23'51 "W for a distance of 164.56 feet to an iron rod set; P.O. Box 160176 Austin, Texas 78716 -0176 Thomas P. Dixon 4324 J9802FN2 THENCE S71 °07'09 "W for a distance of 229.88 feet to an iron rod found at the N.W. corner of that certain 2.0 acre tract recorded in Volume 871, Page 374, Deed Records, Williamson County, Texas, same being at an angle point on the east line of that certain 14.64 acre tract of land recorded in Volume 778, Page 330, Deed Records, Williamson County, Texas for the most southerly, S.W. corner hereof; THENCE the following four (4) courses and distances along the north line of said 14.64 acre tract: 1. N34 °45'51 "W for a distance of 530.13 feet to an iron rod set; 2. S75°23'51'W for a distance of 171.67 feet to an iron rod set; 3. N52 °30'20 "W for a distance of 172.40 feet to an iron rod set; 4. N81 °31'11 "W for a distance of 173.14 feet to an iron rod found on the east R.O.W. of Interstate Highway 35 at the common N.W. corner of said 14.64 acre tract and the S.W. corner hereof; THENCE the following two courses and distances along the east R.O.W. of Interstate Highway 35: 1. NO2 °03'55 "W for a distance of 112.67 feet to an iron rod found at the N.W. corner of that certain tract of parcel of land recorded in Volume 657, Page 655, Deed Records, Williamson County, Texas; 2. NO2 °03'55 "W for a distance of 134.53 feet to a point for the most westerly, N.W. corner hereof from which point a highway monument found at the point of curvature of a curve curving to the right bears NO2 °03'55 "W at a distance of 192.00 feet; THENCE the following eleven (11) courses and distances crossing said 94.39 acre tract: 1. N88 °03'22 "E for a distance of 71.42 feet to the point of curvature of a curve curving to the right having a radius of 263.86 feet; 2. 27.79 feet along the arc of said curve with a chord which bears S89 °03'09 "E for a distance of 27.77 feet to the point of curvature of a reverse curve curving to the left with a radius of 406.00 feet; 3. 175.74 feet long the arc of said curve with a chord which bears N81 °41'23 "E for a distance of 174.37 feet to the point of tangency of said curve; 4. N69 °17'40 "E for a distance of 685.32 feet to the point of curvature of a curve curving to the left with a radius of 158.15 feet; 5. 118.42 feet along the are of said curve with a chord which bears N47 °51'41 "E for a distance of 115.67 feet to the point of tangency of said curve; 6. N26 °25'55 "E for a distance of 77.45 feet to the point of curvature of a curve curving to the left with a radius of 220.00 feet; Office: 512 -481 -9602 Fax: 512-330-1621 page 3 of 3 7. 181.06 feet along the arc of said curve with a chord which bears NO2°51' 17"E for a distance of 175.99 feet to the point of tangency of said curve; 8. N20 °42'27 "W for a distance of 659.45 feet; 9. N69 °17'33 "E for a distance of 74.82 feet; 10. N24 °20'53 "E for a distance of 54.63 feet; 11. N69 °17'21 "E for a distance of 563.47 feet to the POINT OF BEGINNING, containing 42.50 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 any knowledge. Thomas P. Dixon R.P.L.S. 4324 Waterloo Surveyors Inc. EXHIBIT "A" July 20, 2005 P.O. Box 160176 Austin, Texas 78716 -0176 Thomas P. Dixon R.P.L.S. 4324 J9802FN2 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' 1.4 N 72'39'36" W 23.68' 1.5 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' 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 6917'21" E 263.66' 1.27 N 75'05'45" E 118.61' L28 N 6917'21" E 268.81' L29 S 65'39'07" E 37.56' L30 N 6917'33" E 74.82' L31 N 24'20'53" E 54.63' SURVEY PLAT LEGEND J9802FN2 LEGAL DESCRIPTION: FOUND IRON ROD FIR 42.50 ACRES OF LAND, MORE OR LESS, OUT OF THE EPHAIM EVANS SET IRON ROD SIR SURVEY, ABSTRACT NO. 212, IN WILLIAMSON COUNTY, TEXAS, AND FOUND IRON PIPE FIP BEING OUT OF THAT CERTAIN 94.39 ACRE TRACT OF LAND DESCRIBED FOUND FOUND HIGHWAY MONUMENT FHM IN VOLUME 657, PAGE 659, DEED RECORDS, WILLIAMSON COUNTY, OF BEGINNING ENT NT TEXAS, AND BEING ALL OF LOT 1, BLOCK A, "FINAL PLAT OF EAST 0 CHANDLER RETAIL CENTER ", A PROPOSED SUBDIVISION IN @ p O WILLIAMSON COUNTY, TEXAS. (County Road 114) N 6917'21" E . XO west C.baadier Road 244.93' r ; 0 Found R R IN CONC, .., L1 SIR � , � � _AU) 1 Z N.W. CORNER 657/659 POB� (94. oc) ry a ~ y , Z 4 VI N �0 f.1 VI A 0 Lot 1 Block A VI A O 20.94 acres r f9 K O � \ \-- SIR C3 t« C2 J '''S -I _ O C 4 L35 , P RI N C5 SIR SIR C .L 1 0 F 0 < Lot 2 Block A \ P Z O) N Z S CR 4250 acres P -' Id Z Y y Q � � � y 9 70 I-Z0 P1 L18 F' ( R R 1 L6 O ZOO City of Austin < 1 v� FI U m 778/330 4 9 Y W (14.64 ac) ' R O 0 • O • ON A FHM C1 SCR S\� L26 2-' 1 Ln L28/ SIR A N A ti 0 -J SIR , SCALE 1" =500' L30 J <1 L13 14 in L L16 -L15 L32 P06 Lot 3 Block A 0.83 acres Lot 2 Block A 42.50 acres f LOT 1 Found Iron Rod N.W. CORNER 657/655 N Found Iron Rod V N.W. CORNER /� 778/330 Found Iron Rod N.W. CORNER 871/374 (2.0 ac) City of Austin 871/374 (2.0 ac) i LINE COURSE AND DISTANCE CALLS City of Austin 871/369 (2.32 ac) lot 2 !v Candler Creek LP Oakmont Centre Sec. 5, Bk B Found 0 Iron Rod - I Candler Creek LP N.E. CORNER Ookmont Centre 951/17 Sec. 5, Bk B, Lot 3 (2.0 ac) Found Iron Rod S.W. CORNER 951/17 "The undersigned does hereby certify thot the sketch hereon wos prepored from an actual on- the - ground survey and thot it is true and correct to the best of my knowledge on this the 15th day of August, 2005. Thomas P. Dixon RPLS 4324 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 6917'40" E 685.32' L36 N 88'03'22" E 71.42' CURVE 1 RADIUS 1 LENGTH 1 CHORD 1 BEARING 396.52' S 0819'14" W C1 1095.90' 398.72' 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 ENDEAVOR PUD PLANNED UNIT DEVELOPMENT NO. 65 EXHIBIT 1 g.. 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 42.50 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.14 below are followed. 3. ZONING VIOLATION Owner understands that any person, firm, corporation or other entity violating any conditions or terms of the Development Plan shall be subject to any and all penalties for the violation of any zoning ordinance provisions as stated in Section 1.601 of the Code. 4. LIEN HOLDER CONSENT There is no lien holder of record with regard to the Property as of the date of 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. -3- 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. 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 42.50 acres of land, located 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, the Property was zoned "LI ". 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 4 through 16 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. 5.2 Other Ordinances All other Ordinances within the Code shall apply to the Property, except as clearly modified by this Plan. In the event of a conflict, the terms of this Agreement shall control. -5- 6. PERMITTED USES All of the uses listed as permitted by right for zoning district "C -1" under the Code shall be permitted uses on the Property, together with the following which shall also be permitted uses: • Park, Private • Residential, located above ground floor retail (provided that such residential usage may not exceed two (2) additional stories above the ground floor retail use) • Eating Establishments, including one and only one drive through located at the northeast corner of the Property in the general configuration depicted in Exhibit "B" such that the drive through queuing lane is not in the street yard; and provided that a non - vehicular "to go" window for a sit down restaurant shall not be counted as such a drive through use 7. PROHIBITED USES In addition to uses that are prohibited in zoning district "C -1" under the Code, the following uses are prohibited: • Automotive & machinery repair • Automotive & machinery services • Automotive & machinery washes • Automotive parts sales (as a primary use) • Automotive rental • Automotive sales • Billiard parlors & pool halls (as a primary use) • Boat sales (as a primary use) • Bulk distribution centers (provided that this shall not prohibit warehouse use that is ancillary to a permitted primary use) • Camper sales • Campgrounds • Donation centers • Flea markets • Gasoline & fuel sales • Grocery store • Heavy equipment sales, rental & leasing • Industrial building sales • Kennels • Manufactured home sales • Mini warehouses • Outdoor Entertainment -6- • Pawn shops • Portable building sales (as a primary use) • Recreational vehicle parks • Recycling centers (provided that this prohibition shall not prevent use of temporary collection and storage bins for recyclable materials generated by a permitted use during the ordinary course of business) • 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 (as a primary use) • Wholesale nurseries (as a primary use) • Wireless Transmission Facility, Self- Standing • Wrecking yards 8. ADDITIONAL USES All other uses that are not specifically addressed in this ordinance will require an amendment in accordance with Section 14, below. 9. LANDSCAPING In addition to complying with the landscape and tree ordinances of the Code, development of the Property shall include the preservation of the existing Monarch Tree located on the Property and the following enhancements along the Primary Access Drive, as identified in Exhibit "C -1 ". One large tree shall be planted every forty feet (40') on center in the median island and along the south and east sides of the Primary Access Drive, as conceptually depicted in Exhibits "C -3 ", "C-4" and "C -5 ", with the exception of both ends of the drive and the interior intersections, which shall have decorative paving and shall be landscaped with ornamental plantings consisting of small trees, shrubs and grasses, as conceptually depicted in Exhibits "C -2 ", "C -3 ", "C4" and "C -5 ". 10. 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. -7- In the event of a conflict between the Code and this Agreement, the provisions of this Agreement shall control. Changes in the location or appearance of signs described in this Section 10, 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, are minor changes pursuant to Section 14 below. 10.1 Entrance Signs For the purpose of directing traffic to the entrance of the shopping center, one (1) double -sided free - standing sign may be installed and maintained by Owner at the drive off of the IH -35 frontage road and at one of the two drives (at Owner's choice) off of Chandler Road, as depicted in Exhibit "E ", for a total of two (2) such free - standing signs. Each such free- standing sign shall have a masonry base, such masonry to be consistent with the masonry and design standards applicable to the Property pursuant to Section 11 of this Agreement. Entrance signs shall incorporate materials and colors that are complementary to the overall design of the shopping center. Either or both free - standing signs may be pole signs, provided a pole sign shall have the masonry base just described, and provided a pole sign be supported by a minimum of (2) poles which shall not be round. The pole sign at the drive off of the IH -35 frontage road shall not exceed forty - five (45) feet in height, and the pole sign at the drive off of Chandler Road shall not exceed thirty (30) feet in height. The face or sign area of each such pylon sign shall not exceed ninety (90) square feet. "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. 10.2 Monument Signs One (1) monument sign shall be permitted for each pad site abutting Chandler Road, up to a maximum of three (3) monument signs, and one (1) monument sign shall be permitted for a pad site abutting the IH -35 frontage road. In addition, one monument sign shall be permitted for each interior pad site on the Property, up to a maximum of three (3) monument signs along the Primary Access Drive identified in Exhibit "C -1 ". Each sign (i) may be up to six (6) feet in height, (ii) shall have a masonry base and masonry framing around the sign face, -8- provided that the masonry shall be of a type consistent with the design standards applicable to the Property pursuant to Section 11 of this Agreement, (iii) need not comply with the landscaping requirements of the Code if such monument sign is located on or adjacent to a berm feature located on the perimeter of the Property, and (iv) may in any event have a face or sign area not to exceed fifty (50) square feet. Monument signs shall be illuminated either by (i) ground- mounted fixtures or (ii) with internally illuminated channel letters with reverse channel, halo, plex face or routed panel with push - through letters. Only the business symbol /logo may be plex face. 11. DESIGN STANDARDS The buildings constructed on the Property shall be 100% masonry, provided that at least 50% of the overall exterior of such buildings, in the aggregate, shall be stone; and provided further that at least 50% of the exterior of any building containing an eating establishment use with drive through shall be stone. The color and texture of the stone used on the Property shall be compatible and harmonious with the buildings constructed on PUD 59 and/ or PUD 60, as conceptually depicted in Exhibit "D "; provided, however, that if buildings on the Property are constructed prior to the development of PUD 59 and PUD 60, then such stone used on the Property shall be compatible and harmonious with the color and texture of the stone specified in the construction plans for the buildings to be constructed on PUD 59 and /or PUD 60. The following materials are prohibited on the exterior walls and roofs of all buildings and structures. • Asbestos • Mirrored Glass (reflectivity of 20% or more) • Corrugated metal • Unfinished sheet metal (except for trim or minor decorative features approved by the Director of Planning, or as otherwise provided herein) 12. UNDERGROUND UTILITY SERVICE Except where approved in writing by the Chief of Public Works Operations, all electrical, telephone and cablevision distribution and service lines, other than overhead lines that are three phase or larger, shall be placed underground. All transformers must be visually screened. -9- 13. DRIVEWAY ACCESS AND THROAT LENGTHS 13.1 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. 13.2 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. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN 14.1 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. 14.2 Major Changes All changes not permitted under section 14.1 above shall be resubmitted following the same procedure required by the original PUD application. 15. CONCEPT PLAN APPROVED Approval of this Agreement constitutes Concept Plan approval under the City Subdivision Ordinance. 16. GENERAL PLAN 2000 This Agreement amends the Round Rock General Plan 2000, which was adopted on June 10, 1999. -10- Cerco Development, Inc. By: Name: Title: Date: CITY OF ROUND ROCK, TEXAS By: Nyle Maxwell, Mayor ATTEST: By: Christine Martinez, City Secretary LIST OF EXHIBITS EXHIBIT DESCRIPTION Exhibit "A" Metes and Bounds Description of Property Exhibit "B" Drive Through Location Exhibit "C -1" Primary Access Drive Exhibit "C -2" Entry Feature Landscaping (IH -35) Exhibit "C -3" Entry Feature Landscaping (Chandler Road) Exhibit "C-4" Primary Access Drive Landscaping Exhibit "C -5" Monarch Tree Landscaping Exhibit "D" Masonry Theme for PUD's 59 and 60 Exhibit "E" Driveway Access Exhibit "F" Affidavit of Sale -12- EXHIBIT A METES AND BOUNDS DESCRIPTION OF PROPERTY Office: 512- 481 -9602 Fax: 512-330-1621 page 1 of 3 Waterloo Surveyors Inc. EXHIBIT "A" July 20, 2005 FIELD NOTES Thomas P. Dixon R.P.L.S. 4324 J9802FN2 FIELD NOTES 42.50 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 2, BLOCK A, "FINAL PLAT OF EAST CHANDLER RETAIL CENTER ", A PROPOSED SUBDIVISION IN WILLIAMSON COUNTY, TEXAS; FOR WINCH A MORE PARTICULAR DESCRIPTION BY METES AND BOUNDS IS AS FOLLOWS: BEGINNING at point on the east line of said 94.39 acre tract, same being on the west line of Lot 1, Oakmont Centre Section 2, a subdivision in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet F, slide 174, Plat Records, Williamson County, Texas, for the N.E. corner of Lot 2, Block A, "FINAL PLAT OF EAST CHANDLER RETAIL CENTER ", for the N.E. comer hereof, from which point an iron rod found on the south R.O.W. of West Chandler Road (County Road 114) at the N.W. corner of Lot 1, Oakmont Centre Section 2, bears N20 °55'19 "E at a distance of 21.00 feet; THENCE S20 °55' 19 "E for a distance of 1479.61 feet to an iron rod found at the S.W. comer of Lot 1, Block B, Oakmont Centre Section 5, for the most easterly, S.E. corner hereof; THENCE the following nine (9) courses and distances along the north line of Lot 5, Block B, Oakmont Centre Section 5: 1. N72 °39' 36 "W for a distance of 23.68 feet to a pipe found; 2. N59 °04'07 "W for a distance of 158.08 feet to an iron rod found; 3. S67 °29' 15 "W for a distance of 113.42 feet to an iron rod set; 4. S54 °57'23 "W for a distance of 373.45 feet to an iron rod found; 5. S22 °25'39 "W for a distance of 29.15 feet to an iron rod found; 6. S09 °24'29 "W for a distance of 69.60 feet to an iron rod found; 7. S07 °36'56 "E for a distance of 79.37 feet to an iron rod found; 8. S18 °22'33 "W for a distance of 44.30 feet to an iron rod found; 9. S35 °15'54 "E for a distance of 226.60 feet to an iron rod found at the N.W. comer of that certain 2.0 acre tract recorded in Volume 951, Page 17, Deed Records, Williamson County, Texas, for the most southerly, S.E. comer hereof; THENCE S68 °17'04 "W for a distance of 137.20 feet to an iron rod found at the N.W. comer of Lot 5, Block B, Oakmont Centre Section 5; P.O. Box 160176 Austin, Texas 78716 -0176 Office: 512482 -9602 Fax: 512- 330 -1621 page 2 of 3 Waterloo Surveyors Inc. EXHIBIT "A" July 20, 2005 THENCE S63 °50'35 "W for a distance of 238.36 feet to an iron rod set at the N.W. corner of that certain 2.35 acre tract recorded in Volume 871, Page 369, Deed Records, Williamson County, Texas; THENCE 564°23'51'W for a distance of 164.56 feet to an iron rod set; P.O. Box 160176 Austin, Texas 78716 -0176 Thomas P. Dixon R.P.L.S. 4324 J9802FN2 THENCE S71 °07'09' W for a distance of 229.88 feet to an iron rod found at the N.W. corner of that certain 2.0 acre tract recorded in Volume 871, Page 374, Deed Records, Williamson County, Texas, same being at an angle point on the east line of that certain 14.64 acre tract of land recorded in Volume 778, Page 330, Deed Records, Williamson County, Texas for the most southerly, S.W. comer hereof; THENCE the following four (4) courses and distances along the north line of said 14.64 acre tract: 1. N34 °45'51 "W for a distance of 530.13 feet to an iron rod set; 2. S75°23'51'W for a distance of 171.67 feet to an iron rod set; 3. N52 °30'20 "W for a distance of 172.40 feet to an iron rod set; 4. N8131 ' 11 "W for a distance of 173.14 feet to an iron rod found on the east R.O.W. of Interstate Highway 35 at the common N.W. comer of said 14.64 acre tract and the S.W. corner hereof; THENCE the following two courses and distances along the east R.O.W. of Interstate Highway 35: 1. NO2 °03'55 "W for a distance of 112.67 feet to an iron rod found at the N.W. corner of that certain tract of parcel of land recorded in Volume 657, Page 655, Deed Records, Williamson County, Texas; 2. NO2 °03'55 "W for a distance of 134.53 feet to a point for the most westerly, N.W. comer hereof from which point a highway monument found at the point of curvature of a curve curving to the right bears NO2 °03'55 "W at a distance of 192.00 feet; THENCE the following eleven (11) courses and distances crossing said 94.39 acre tract: 1. N88 °03'22 "E for a distance of 71.42 feet to the point of curvature of a curve curving to the right having a radius of 263.86 feet; 2. 27.79 feet along the arc of said curve with a chord which bears S89 °03'09 "E for a distance of 27.77 feet to the point of curvature of a reverse curve curving to the left with a radius of 406.00 feet; 3. 175.74 feet long the arc of said curve with a chord which bears N81 °41'23 "E for a distance of 174.37 feet to the point of tangency of said curve; 4. N69 °17'40 "E for a distance of 685.32 feet to the point of curvature of a curve curving to the left with a radius of 158.15 feet; 5. 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 to the point of tangency of said curve; 6. N26 °25' 55 "E for a distance of 77.45 feet to the point of curvature of a curve curving to the left with a radius of 220.00 feet; Office: 512 -481 -9602 Fax: 512- 330 -1621 page 3 of 3 Waterloo Surveyors Inc. EXHIBIT "A" July 20, 2005 Thomas P. Dixon R.P.L.S. 4324 J9802FN2 7. 181.06 feet along the are of said curve with a chord which bears NO2 °51' 17 "E for a distance of 175.99 feet to the point of tangency of said curve; 8. N20 °42'27 "W for a distance of 659.45 feet; 9. N69 °17'33 "E for a distance of 74.82 feet; 10. N24 °20'53 "E for a distance of 54.63 feet; 11. N69 °17'21 "E for a distance of 563.47 feet to the POINT OF BEGINNING, containing 42.50 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 P.O. Box 160176 Austin, Texas 78716 -0176 (EGAL DESCRIPTION: SURVEY PLAT 42.50 ACRES OF LAND, MORE OR LESS, 01.1T OF THE EFI1411 EVANS SURVEY, ABSTRACT NO, 212, 114 WILLIAMSON COUNTY, TEXAS, AND rotim IRON ROD FIR SET IRON ROD SR LEGEND REINC OUT OF THAT CERTAIN 94,39 ACRE TRACT OF LAN) DESCRIDEDF FOUND IRON PIPE FIP IG VOLUME 657, PAGE 559, DEED RECORDS, WILLIAMSON COUNTY, WHO NiI-IWAY MONUMENT PIM (ExAS, AND BEING ALL OF LOT 1. BLOCK A. 'FIN PLAT OF EAST POINT OF BEGINNING POO CHANDLER RETAIL CENTER", A PROPOSED SUBDIVISION IN WititAMSON COUNTY, TEXAS. N 691 7 21" E 914 -.. 1 :I (0/721120' Abmi 1149 n' Chanellgr Jibed 44.93' ti — Er — Found X 114 CONC. N.W_ CORNER 657/650 P1013 0 ) TI-10 'tk L2 S 20'5519 E 21.00' L3 S 20'55'19" E 1479,z1' L4 N 72'3936 W 23_65' 15 N 591)4'07 W 158,0E1' L6 S 6729'15' W 113.42" L7 5 5457'23" u1 373.45 LS S 2215'3E4" W 29.15' S 001 W 69.60' L10 S 07'3 E 79.37' 111 5 1&'2233 W 44.30 L12 5 35'15"54" E 225.60' 11 S 681704 w 137,20' 114 $ 63 w 238.36' 116 S71'07O9 W 229.88 1.17 L21 5 020355 E 112.6 122 $ 02'0355 E 134.53 L23 S 02035 E 1200 0. L 4 N T4'4852 E 4 2 125 N 69'17 1 E 25 7 N 75 1r 45 11;.$1 8 N 6917 E eas, S 653G07 .56 L30 N "1 33' E 74.82 L31 14 24'2053 E 54.63 City of Round Rock 778/330 (14.64 ac) Found. N.W, CORNER 871/374 City ol Round Rook (2.0 oc) 871/374 (20c) Found LINE COURSE AND DISTANCE CALLS City ofRound Roc iron Rod LINE I DIRECTION I DISTANCE 871/369 S,W. CORNER 917'21" E 1335 (2.32 ac) 051/17 4'45 51 W 530: 5 7513'51" W 171,67' N 52'30'20" W 172.40' GN 1 CJ1ORD 1 8EARINC 9872 396.82 S 0810'14" W C2 2 161.06' 175,99' N 02'51'17" E C3 11W 118.42' 115.57" N 4751'41" E C4 405.00' 175.74' 174.37' N 8141'23 E C5 263.86' 27.7' 27.77 14 89 1 1 LI 7. r P1K 0 0 LiJ Z 0-i 1- 12 k 0 Z h,l■rr1 Lti Z U z (.3 zoo 0 Uj 4 0 I- Found 0 Iron Rod - 1 Candler Crek IP N,E, CORNER Oakmont CiLre 951117 Sec. 5, ek D, lOt 3 (2.0 oc) The undersigned does hereby certify that the *etch hereon was prepared Ran ori actool Cul— the survey and U,o it is true ond correct to the best of my knowledge on this the i5tH 6y of August. 20.05. DIxer RPLS 4324 L 69'17 E 561.47 L36 1 114) ----- N 6917'21" E 563.47' EXHIBIT B DRIVE THROUGH LOCATION CHANDLER ROAD (COUNTY ROAD 114) N 69'17 21' E 1338.91 RIMARY ACCESS ROAD 1. PARTIAL PLAN VIEW 1" =100' Q_ 2. ENLARGED PLAN VIEW 1 " =50' • N 6917'21' E 563.47' EXHIBIT C PRIMARY ACCESS DRIVE LANDSCAPING Exhibit "C -1" Primary Access Drive Exhibit "C -2" Entry Feature Landscaping (IH -35) Exhibit "C -3" Entry Feature Landscaping (Chandler Road) Exhibit "C -4" Primary Access Drive Landscaping Exhibit "C -5" Monarch Tree Landscaping EXHIBIT C -1 PRIMARY ACCESS DRIVE 1 11 1 , 1 lj / 1 / / i , CHANDL&R ROAD (COUNTY ROD 1147 LOT Z BLOCK A 42.50 ACRES PRIMARY ACCESS DRIVE - - - _ - - ENTRY MEDTANISTAND LANDSCAPE - - - - ENHANCED PAVEMENT ENTRY PLANTING AREA ) MOW EDGE, TYP. 1-35 FRONTAGE ROAD - User - Lot 2 Entry Feature Landscaping EXHIBIT C-2 SMA LL TREE, TYP LOT LINE, TYP LANDSCAPE MEDIAN,TYP NORTH ; 71=0 0' 15' 30 60' DATE: AUGUST 22, 2005 All infommtion show is based from sources deemed reliable and is is subject to change. ����t�,itera.re LANDSCAPE MEDIAN,TYP LOT LINE, TYP. SMALL TREE, TYP. LARGE TREE, TYP. _ CHANDLER _ROAD User - Lot 2 Entry Feature Landscaping EXHIBIT C -3 r iFLOC ENTRY PLANTING AREA ..r_ BE VACATED � _ DATE: AUGUST 22, 2005 Alf information show is based from sources deemed reliable and (s is subject to change. NORTH Iv 1 0' 15' 30' 60' c z" LOT LINE,TYP e J 4w=3* 4 PARKING SCREENING,TYP. A-9w -0 PRIMARY ACCESS DRIVE ca 20.0-0-0.0-job gas 112h LANDSCAPE MEDIANJYP J, SMALL TREE,TYP. LARGE TREE,TYP. QUARRY BLOCK-,TYP. ENHANCED PAVEMENT User - Lot 2 NORTH 7 Primary Access Drive Landscaping 0. 25' 50 EXHIBITC-4 DATE:AUGUST 22,2005 77=7 7. All hf—ti.nh-k based from sources deemed reliable and i,is wbje f 6�mt - f. a PRIMARY ACCESS DRIVE CRUSHED GRANITE PATH,TYP LOT LINE,TYP. • 6 ym� MONARCH TREE s LANDSCAPE MEDIAN,TYP. SEATING,TYP. LARGE TREE,,TYP._ _ F \ QUARRY BLOCK,TYP 'C- ENHANCED PAVEMENT LANDSCAPE BEDS,TYP. t� 4, - a- 3 ®- User - Lot 2 NORTH B . Monarch Tree Landscaping 0' 25' 50'p EXHIBITC-5 DATE:AUGUST 22,2005 s,z.,>e.ee,"�"• All infomanm show is bawd from sources&I—d Mmbl—M is is mbje mtl,ange. SIMON MIEN AT tlAiN ENTRY st VIEW fRON 166661064 6 INk65 0606Th • ROUND ROCK PREMIUM OUTLETS • 1112" EXHIBIT D: Masonry Theme for PUD's 59 and 60 DRIVEWAY ACCESS H I DRIVEWAY "P" NO1E: DR WAY DESIANA11ONS As PER APPRO tIA. ON ME PI Dit etre MIND_ DIRECTOR b 1'RAAANSRORtA71ON tec OK EXHIBIT E PUD 65 DRIVEWAY 13" DRIVEWAY R' II` 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 Texas limited partnership purchased the approximately 42.5 acres described in City of Round Rock PUD No. 65 (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 Texas limited partnership, 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. 65, 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 AFFIANT: STATE OF TEXAS § COUNTY OF TRAVIS § Subscribed, sworn to, and acknowledged before me on by Notary Public, State of Texas Rezoning from LI to PUD 65 42.50 Acres DATE: September 1, 2005 SUBJECT: City Council Meeting — September 8, 2005 ITEM: 10.C.3. Consider an ordinance rezoning 42.50 acres of and out of the Ephraim Evans Survey from District LI (Light Industrial) to District PUD No. 65 (Planned Unit Development). (Endeavor Tract) (First Reading) Department: Planning and Community Development Department Staff Person: Jim Stendebach, Planning and Community Development Director Justification: Although this PUD is not as detailed as the neighboring IKEA PUD, it does contain a number of provisions to ensure that it is complementary to IKEA and appropriate for this location. 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. Although specific users have not been identified for the proposed shopping center, the PUD rules out a number of commercial uses deemed to be inappropriate for this location. The PUD does allow one restaurant with a drive - through window, but the location, configuration and design of such a restaurant has been addressed in the PUD to ensure that it does not detract from the overall aesthetic appeal of the shopping center. • Landscaping for the site is per ordinance with the exception of additional plantings along the primary access drive that runs along the boundary with the IKEA site. The PUD also ensures the preservation of the Monarch Tree on site. • The sign package proposed in the PUD differs from the standard City requirements, and in many ways will be more attractive and appealing than what would otherwise be allowed. A comparison of what is proposed versus what could be built under the Code is included with this analysis. • The PUD requires 50% masonry using similar materials to what will be used for the Outlet Mall and the proposed HEB shopping center on the north side of Chandler Road. • 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. Funding: Cost: N/A Source of funds: Public Comment: N/A Outside Resources; Jeff Newberg, Principal, Endeavor Real Estate Group 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 four conditions: 1. That additional landscaping requirements for the Primary Access Drive be added to the PUD. 2. That the number of permitted monument signs be increased. 3. That the sketch accompanying the metes and bounds description for the property be corrected to show the proper ownership for an adjacent property. 4. That references to the driveway exhibit in the text be changed from Exhibit D to Exhibit E. 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. THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK day of October 2005. 11111111III11III VIIIVIIIVIIIVIIIVIIIVIIIVIII IIII1111 3RDPGS 2 @05 @84112 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- 08-10C3, which approves rezoning 42.50 acres of land out of the Ephraim Evans Survey from District LI to District PUD No. 65 (Endeavor 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 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 42.50 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. 65, 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.65, and ORDINANCE NO. Z. _Qg 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 42.50 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. 65. @Proeskaop \::o ma /UoRLrox /o: /Wnox /ORDtN NC /o0 0 9Q,C3 .1,110,/ 03c 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: I. That the City Council has hereby determined the Planned Unit Development (PUD) No. 65 meets the following goals and objectives: (1) The development in PUD No. 65 is equal to or superior to development that would occur under the standard ordinance requirements. (2) P_U.D. No. 65 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) P.U.D. No. 65 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. 65 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. 65 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. 65, and that the Mayor is hereby authorized and directed to enter into the Agreement and Development Plan for PUD No. 65 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. READ, PASSED, and ADOPTED on first reading this O day ATTEST: 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 CHRISTINE R. MARTINEZ, City Se cr ary NYLE ' LL, Mayo City o Round Rock, Texas 4 Office: 512 -481 -9602 Fax: 512-330-1621 page 1 of 3 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 J9802FN2 FIELD NOTES 42.50 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 9439 ACRE TRACT OF LAND DESCRIBED IN VOLUME 657, PAGE 659, DEED RECORDS, TRAVIS COUNTY, TEXAS, AND FURTHER BEING ALL OF LOT 2, 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 point on the east line of said 94.39 acre tract, same being on the west line of Lot 1, Oakmont Centre Section 2, a subdivision in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet F, slide 174, Plat Records, Williamson County, Texas, for the N.E. comer of Lot 2, Block A, "FINAL PLAT OF EAST CHANDLER RETAIL CENTER ", for the N.E. corner hereof, from which point an iron rod found on the south R.O.W. of West Chandler Road (County Road 114) at the N.W. comer of Lot 1, Oakmont Centre Section 2, bears N20 °55' 19 "E at a distance of 21.00 feet; THENCE S20 °55' 19"E for a distance of 1479.61 feet to an iron rod found at the S.W. corner of Lot 1, Block B, Oakmont Centre Section 5, for the most easterly, S.E. comer hereof; THENCE the following nine (9) courses and distances along the north line of Lot 5, Block B, Oakmont Centre Section 5: 1. N72 °39'36"W for a distance of 23.68 feet to a pipe found; 2. N59 °04'0T'W for a distance of 158.08 feet to an iron rod found; 3. S67 °29' 15 "W for a distance of 113.42 feet to an iron rod set; 4. S54 °57'23 "W for a distance of 373.45 feet to an iron rod found; 5. S22 °25' 39 "W for a distance of 29.15 feet to an iron rod found; 6. S09 °24'29 "W for a distance of 69.60 feet to an iron rod found; 7. S07 °36'56 "E for a distance of 79.37 feet to an iron rod found; 8. S18 °22'33 "W for a distance of 44.30 feet to an iron rod found; 9. S35 °15'54 "E for a distance of 226.60 feet to an iron rod found at the N.W. corner of that certain 2.0 acre tract recorded in Volume 951, Page 17, Deed Records, Williamson County, Texas, for the most southerly, S.E. comer hereof; THENCE S68 °17'04 "W for a distance of 137.20 feet to an iron rod found at the N.W. corner of Lot 5, Block B, Oakmont Centre Section 5; Office: 512-481-9602 Fax: 512-330-1621 page 2 of 3 Waterloo Surveyors Inc. July 20, 2005 THENCE S63 °50'35 "W for a distance of 238.36 feet to an iron rod set at the N.W. comer of that certain 2.35 acre tract recorded in Volume 871, Page 369, Deed Records, Williamson County, Texas; THENCE S64 °23'51 "W for a distance of 164.56 feet to an iron rod set; Thomas P. Dixon RP.L.S. 4324 EXHIBIT 'A" J9802FN2 THENCE S71 °07'09 "W for a distance of 229.88 feet to an iron rod found at the N.W. corner of that certain 2.0 acre tract recorded in Volume 871, Page 374, Deed Records, Williamson County, Texas, same being at an angle point on the east line of that certain 14.64 acre tract of land recorded in Volume 778, Page 330, Deed Records, Williamson County, Texas for the most southerly, S.W. comer hereof; THENCE the following four (4) courses and distances along the north line of said 14.64 acre tract: 1. N34 °45'51 "W for a distance of 530.13 feet to an iron rod set; 2. S75 °23'51 "W for a distance of 171.67 feet to an iron rod set; 3. N52 °30'20 "W for a distance of 172.40 feet to an iron rod set; 4. N81 °31' 11 "W fora distance of 173.14 feet to an iron rod found on the east R.O.W. of Interstate Highway 35 at the common N.W. comer of said 14.64 acre tract and the S.W. comer hereof; THENCE the following two courses and distances along the east R.O.W. of Interstate Highway 35: 1. NO2°03'55 "W for a distance of 112.67 feet to an iron rod found at the N.W. comer of that certain tract of parcel of land recorded in Volume 657, Page 655, Deed Records, Williamson County, Texas; 2. NO2 °03'55' W for a distance of 134.53 feet to a point for the most westerly, N.W. comer hereof from which point a highway monument found at the point of curvature of a curve curving to the right bears NO2 °03'55 "W at a distance of 192.00 feet; THENCE the following eleven (11) courses and distances crossing said 94.39 acre tract: 1. N88 °03'22 "E for a distance of 71.42 feet to the point of curvature of a curve curving to the right having a radius of 263.86 feet; 2. 27.79 feet along the arc of said curve with a chord which bears S89 °03'09 "E for a distance of 27.77 feet to the point of curvature of a reverse curve curving to the left with a radius of 406.00 feet; 3. 175.74 feet long the arc of said curve with a chord which bears N8I °41'23 "E for a distance of 174.37 feet to the point of tangency of said curve; 4. N69 °17'40 "E for a distance of 685.32 feet to the point of curvature of a curve curving to the left with a radius of 158.15 feet; 5. 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 to the point of tangency of said curve; 6. N26 °25'55 "E for a distance of 77.45 feet to the point of curvature of a curve curving to the left with a radius of 220.00 feet; P.O_ Box 160176 Austin, Texas 78716 -0176 Office: 512 -481 -9602 Fax: 512- 330 -1621 page 3 of 3 7. 181.06 feet along the arc of said curve with a chord which bears NO2 °51' 17 "E for a distance of 175.99 feet to the point of tangency of said curve; 8. N20 °42'2T'W for a distance of 659.45 feet; 9. N69 °17'33 "E for a distance of 74.82 feet; 10. N24 °20'53 "E for a distance of 54.63 feet; 11. N69 °17'21 "E for a distance of 563.47 feet to the POINT OF BEGINNING, containing 42.50 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 RP.L.S. 4324 Waterloo Surveyors Inc. EXHIBIT "A" July 20, 2005 P.O. Box 160176 Austin, Texas 78716 -0176 Thomas P. Dixon R.P.L.S. 4324 J9802FN2 LINE 1 DIRECTION 1 DISTANCE Lt 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' 116 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 1 LENGTH 1 CHORD 1 BEARING CI 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 RECORDERS MEMORANDUM All or part of the text on this page was not clearly legible for satisfactory recordation. SURVEY t'LA 1 LEGEND J9802FN2 LEGAL DESCRIPTION: FOUND IRON ROD FIR 42.50 ACRES OF LAND, MORE OR LESS, OUT OF THE EPHAIM EVANS SET IRON ROD SIR SURVEY, ABSTRACT NO. 212, IN WILLIAMSON COUNTY, TEXAS, AND FOUND IRON PIPE FIP BEING OUT OF THAT CERTAIN 94.39 ACRE TRACT OF LAND DESCRIBED FO HIGHWAY MONUMENT FHM IN VOLUME 657, PAGE 659, DEED RECORDS, 1MLLIAMSON COUNTY, TEXAS, AND BEING ALL OF LOT 1, BLOCK A, "FINAL PLAT OF EAST POINT OF BEGINNING POB WILLIAMSON COUNTY, CHANDLER RETAIL CENTER ", A PROPOSED SUBDIVISION IN 0 ( Road 1AV N 69'17'2 E O p Found "X" IN CONC. Fest Chandler Road 44.93' a 0 Ll SIR N O o� s r F ,� r THOMAS P. DiXON 0 4324 a P 1<t >�i�'y �ESS� ° r r i i; S UM C1 I -J SCALE 1"=500' SIR POB Lot 3 Block A 0.83 acres Lot 2 Block A 42.50 acres Lot 1 Block A 20.94 acres \- SIR S 1 C4 L35 C ��'S�. C2 P L C5 SIR SIR 1 (20 . Lo 42. 2 50 acres P \ P S C \. (. RR 17 "! ( ' a Phi'', Lt3 116 N L15Ln L14 p LOT 1 FHM LF I s, Candler o Creek LP Oakmont Centre Sec. 5, Bk B Found , . Iron Rod N.W. CORNER 657/655 Found Iron Rod N.W. CORNER ' 778/330 Found Iron Rod N.W. CORNER 871/374 (2.0 oc) 118 City of Austin 778/330 (14.64 oc) City of Austin 871/374 (2.0 oc) LINE COURSE AND DISTANCE CALLS City of Austin 871/369 (2.32 ac) Candler Creek LP Ookmont Centre Sec. 5, Bk B, Lot 3 Found Iron Rod S.W. CORNER 951/17 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 6917'21" E 263.66' L27 N 75'05'45" E 118.61' L28 N 6917'21" E 268.81' L29 S 65'39'07" E 37.56' L30 N 6917'33" E 74.82' L31 N 24'20'53" E 54.63' "The undersigned does hereby certify that the sketch hereon was 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 cloy of August, 2005. 0 r OLIO O W tJ Ce Z o z W 0] N Z 01(1 A I-ZO m ZOO 2 16 0] �U < 0 O }- Found 0 Iron Rod .J N.E. CORNER 951/17 (2.0 ac) Thomas P. Dixon RPLS 4324 L32 N 69'17'21" E 563.47' 133 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' THE STATE OF TEXAS § COUNTY OF WILLIAMSON § AGREEMENT AND DEVELOPMENT PLAN ENDEAVOR PUD PLANNED UNIT DEVELOPMENT NO. 65 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 42.50 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.14 below are followed. 3. ZONING VIOLATION Owner understands that any person, firm, corporation or other entity violating any conditions or terms of the Development Plan shall be subject to any and all penalties for the violation of any zoning ordinance provisions as stated in Section 1.601 of the Code. 4. LIEN HOLDER CONSENT There is no lien holder of record with regard to the Property as of the date of 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. -3- 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 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 • II. DEVELOPMENT PLAN This Development Plan ( "Plan ") covers approximately 4250 acres of land, located 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, the Property was zoned "LP'. 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 4 through 16 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. 5.2 Other Ordinances All other Ordinances within the Code shall apply to the Property, except as clearly modified by this Plan- In the event of a conflict, the terms of this Agreement shall control. -5- 6. PERMITTED USES All of the uses listed as permitted by right for zoning district "C -1" under the Code shall be permitted uses on the Property, together with the following which shall also be permitted uses: • Park, Private • Residential, located above ground floor retail (provided that such residential usage may not exceed two (2) additional stories above the ground floor retail use) • Eating Establishments, including one and only one drive through located at the northeast corner of the Property in the general configuration depicted in Exhibit "B" such that the drive through queuing lane is not in the street yard; and provided that a non - vehicular "to go" window for a sit down restaurant shall not be counted as such a drive through use 7. PROHIBITED USES In addition to uses that are prohibited in zoning district "C -1" under the Code, the following uses are prohibited: • Automotive & machinery repair • Automotive & machinery services • Automotive & machinery washes • Automotive parts sales (as a primary use) • Automotive rental • Automotive sales • Billiard parlors & pool halls (as a primary use) • Boat sales (as a primary use) • Bulk distribution centers (provided that this shall not prohibit warehouse use that is ancillary to a permitted primary use) • Camper sales • Campgrounds • Donation centers • Flea markets • Gasoline & fuel sales • Grocery store • Heavy equipment sales, rental & leasing • Industrial building sales • Kennels • Manufactured home sales • Mini warehouses • Outdoor Entertainment • Pawn shops • Portable building sales (as a primary use) • Recreational vehicle parks • Recycling centers (provided that this prohibition shall not prevent use of temporary collection and storage bins for recyclable materials generated by a permitted use during the ordinary course of business) • 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 (as a primary use) • Wholesale nurseries (as a primary use) • Wireless Transmission Facility, Self- Standing • Wrecking yards 8. ADDITIONAL USES All other uses that are not specifically addressed in this ordinance will require an amendment in accordance with Section 14, below. LANDSCAPING In addition to complying with the landscape and tree ordinances of the Code, development of the Property shall include the preservation of the existing Monarch Tree located on the Property and the following enhancements along the Primary Access Drive, as identified in Exhibit "C - ". One large tree shall be planted every forty feet (40') on center in the median island and along the south and east sides of the Primary Access Drive, as conceptually depicted in Exhibits "C - ", "C and "C - ", with the exception of both ends of the drive and the interior intersections, which shall have decorative paving and shall be landscaped with ornamental plantings consisting of small trees, shrubs and grasses, as conceptually depicted in Exhibits "C -2 ", "C -3 ", "C4" and "C -5 ". 10. 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. Changes in the location or appearance of signs described in this Section 10, 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, are minor changes pursuant to Section 14 below. 10.1 Entrance Signs For the purpose of directing traffic to the entrance of the shopping center, one (1) double -sided free - standing sign may be installed and maintained by Owner at the drive off of the IH -35 frontage road and at one of the two drives (at Owner's choice) off of Chandler Road, as depicted in Exhibit "E ", for a total of two (2) such free- standing signs. Each such free - standing sign shall have a masonry base, such masonry to be consistent with the masonry and design standards applicable to the Property pursuant to Section 11 of this Agreement. Entrance signs shall incorporate materials and colors that are complementary to the overall design of the shopping center. Either or both free - standing signs may be pole signs, provided a pole sign shall have the masonry base just described, and provided a pole sign be supported by a minimum of (2) poles which shall not be round. The pole sign at the drive off of the IH -35 frontage road shall not exceed forty- five (45) feet in height, and the pole sign at the drive off of Chandler Road shall not exceed thirty (30) feet in height. The face or sign area of each such pylon sign shall not exceed ninety (90) square feet. "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. 10.2 Monument Signs One (1) monument sign shall be permitted for each pad site abutting Chandler Road, up to a maximum of three (3) monument signs, and one (1) monument sign shall be permitted for a pad site abutting the IH -35 frontage road. In addition, one monument sign shall be permitted for each interior pad site on the Property, up to a maximum of three (3) monument signs along the Primary Access Drive identified in Exhibit "C -1 ". Each sign (i) may be up to six (6) feet in height, (ii) shall have a masonry base and masonry framing around the sign face, provided that the masonry shall be of a type consistent with the design standards applicable to the Property pursuant to Section 11 of this Agreement, (iii) need not comply with the landscaping requirements of the Code if such monument sign is located on or adjacent to a berm feature located on the perimeter of the Property, and (iv) may in any event have a face or sign area not to exceed fifty (50) square feet. Monument signs shall be illuminated either by (i) ground- mounted fixtures or (ii) with internally illuminated channel letters with reverse channel, halo, plex face or routed panel with push - through letters. Only the business symbol /logo may be plex face. 11. DESIGN STANDARDS The buildings constructed on the Property shall be 100% masonry, provided that at least 50% of the overall exterior of such buildings, in the aggregate, shall be stone; and provided further that at least 50% of the exterior of any building containing an eating establishment use with drive through shall be stone. The color and texture of the stone used on the Property shall be compatible and harmonious with the buildings constructed on PUD 59 and /or PUD 60, as conceptually depicted in Exhibit "D "; provided, however, that if buildings on the Property are constructed prior to the development of PUD 59 and PUD 60, then such stone used on the Property shall be compatible and harmonious with the color and texture of the stone specified in the construction plans for the buildings to be constructed on PUD 59 and /or PUD 60. The following materials are prohibited on the exterior walls and roofs of all buildings and structures. • Asbestos • Mirrored Glass (reflectivity of 20% or more) • Corrugated metal • Unfinished sheet metal (except for trim or minor decorative features approved by the Director of Planning, or as otherwise provided herein) 12. UNDERGROUND UTILITY SERVICE Except where approved in writing by the Chief of Public Works Operations, all electrical, telephone and cablevision distribution and service lines, other than overhead lines that are three phase or larger, shall be placed underground. All transformers must be visually screened. -9- 13. DRIVEWAY ACCESS AND THROAT LENGTHS 13.1 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. 13.2 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. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN 14.1 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. 14.2 Major Changes All changes not permitted under section 14.1 above shall be resubmitted following the same procedure required by the original PUD application. 15. CONCEPT PLAN APPROVED Approval of this Agreement constitutes Concept Plan approval under the City Subdivision Ordinance. 16. GENERAL PLAN 2000 This Agreement amends the Round Rock General Plan 2000, which was adopted on June 10, 1999. -10- Cerco Development, Inc. By: Name: Title: Date: CITY OF ROUND ROCK, TEXAS By: Nyle Maxwell, Mayor ATTEST: By: Christine Martinez, City Secretary A I N 97 /8 -G Z, V LIST OF EXHIBITS EXHIBIT DESCRIPTION Exhibit "A" Metes and Bounds Description of Property Exhibit "B" Drive Through Location Exhibit "C -1" Primary Access Drive Exhibit "C -2" Entry Feature Landscaping (IH -35) Exhibit "C -3" Entry Feature Landscaping (Chandler Road) Exhibit "C-4" Primary Access Drive Landscaping Exhibit "C -5" Monarch Tree Landscaping Exhibit "D" Masonry Theme for PUD's 59 and 60 Exhibit "E" Driveway Access Exhibit "F" Affidavit of Sale -12- EXHIBIT A METES AND BOUNDS DESCRIPTION OF PROPERTY Office: 512- 481 -9602 Fax: 512- 330 -1621 page 1 of 3 Waterloo Surveyors Inc. EXHIBIT "A" July 20, 2005 FIELD NOTES P.O. Box 160176 Austin, Texas 78716 -0176 Thomas P. Dixon RP.L.S. 4324 J9802FN2 FIELD NOTES 42.50 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 2, BLOCK A, "FINAL PLAT OF EAST CHANDLER RETAIL CENTER ", A PROPOSED SUBDIVISION IN WILLIAMSON COUNTY, TEXAS; FOR WINCH A MORE PARTICULAR DESCRIPTION BY METES AND BOUNDS IS AS FOLLOWS: BEGINNING at point on the east line of said 94.39 acre tract, same being on the west line of Lot 1, Oakmont Centre Section 2, a subdivision in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet F, slide 174, Plat Records, Williamson County, Texas, for the N.E. comer of Lot 2, Block A, "FINAL PLAT OF EAST CHANDLER RETAIL CENTER ", for the N.E. corner hereof, from which point an iron rod found on the south R.O.W. of West Chandler Road (County Road 114) at the N.W. corner of Lot 1, Oakmont Centre Section 2, bears N20 °55' 19 "E at a distance of 21.00 feet; THENCE S20 °55' 19 "E fora distance of 1479.61 feet to an iron rod found at the S.W. corner of Lot 1, Block B, Oakmont Centre Section 5, for the most easterly, S.E. corner hereof; THENCE the following nine (9) courses and distances along the north line of Lot 5, Block B, Oakmont Centre Section 5: 1. N72 °39'36 "W for a distance of 23.68 feet to a pipe found; 2. N59 °04'07 "W for a distance of 158.08 feet to an iron rod found; 3. S67 °29' 15 "W for a distance of 113.42 feet to an iron rod set; 4. S54 °57'23 "W for a distance of 373.45 feet to an iron rod found; 5. S22 °25' 39 "W for a distance of 29.15 feet to an iron rod found; 6. S09 °24'29 "W for a distance of 69.60 feet to an iron rod found; 7. S07 °36'56 "E for a distance of 79.37 feet to an iron rod found; 8. S 18 °22'33 "W for a distance of 44.30 feet to an iron rod found; 9. S35° 15'54 "E for a distance of 226.60 feet to an iron rod found at the N.W. corner of that certain 2.0 acre tract recorded in Volume 951, Page 17, Deed Records, Williamson County, Texas, for the most southerly, S.E. corner hereof; THENCE S68 °17'04 "W for a distance of 137.20 feet to an iron rod found at the N.W. comer of Lot 5, Block B, Oakmont Centre Section 5; Office: 512-481 -9602 Fax: 512- 330 -1621 page 2 of 3 Waterloo Surveyors Inc. July 20, 2005 THENCE 563 °50'35 "W for a distance of 238.36 feet to an iron rod set at the N.W. corner of that certain 2.35 acre tract recorded in Volume 871, Page 369, Deed Records, Williamson County, Texas; THENCE S64 °23'51 "W for a distance of 164.56 feet to an iron rod set; Thomas P. Dixon R.P.L.S. 4324 EXHIBIT "A" J9802FN2 THENCE S71 °07'09 "W for a distance of 229.88 feet to an iron rod found at the N.W. comer of that certain 2.0 acre tract recorded in Volume 871, Page 374, Deed Records, Williamson County, Texas, same being at an angle point on the east line of that certain 14.64 acre tract of land recorded in Volume 778, Page 330, Deed Records, Williamson County, Texas for the most southerly, S.W. corner hereof; THENCE the following four (4) courses and distances along the north line of said 14.64 acre tract: 1. N34 °45' 51 "W for a distance of 530.13 feet to an iron rod set; 2. S75 °23'51"W for a distance of 171.67 feet to an iron rod set; 3. N52 °30'20 "W for a distance of 172.40 feet to an iron rod set; 4. N81°31 ' 11 "W for a distance of 173.14 feet to an iron rod found on the east R.O.W. of Interstate Highway 35 at the common N.W. comer of said 14.64 acre tract and the S.W. corner hereof; THENCE the following two courses and distances along the cast R.O.W. of Interstate Highway 35: 1. NO2 °03'55 "W for a distance of 112.67 feet to an iron rod found at the N.W. comer of that certain tract of parcel of land recorded in Volume 657, Page 655, Deed Records, Williamson County, Texas; 2. NO2 °03'55 "W for a distance of 134.53 feet to a point for the most westerly, N.W. comer hereof from which point a highway monument found at the point of curvature of 'a curve curving to the right bears NO2 °03' 55"W at a distance of 192.00 feet; THENCE the following eleven (11) courses and distances crossing said 94.39 acre tract: 1. N88 °03'22 "E for a distance of 71.42 feet to the point of curvature of a curve curving to the right having a radius of 263.86 feet; 2. 27.79 feet along the arc of said curve with a chord which bears S89 °03'09 "E for a distance of 27.77 feet to the point of curvature of a reverse curve curving to the left with a radius of 406.00 feet; 3. 175.74 feet long the arc of said curve with a chord which bears N81 °41'23"E for a distance of 174.37 feet to the point of tangency of said curve; 4. N69 °17'40 "E for a distance of 685.32 feet to the point of curvature of a curve curving to the left with a radius of 158.15 feet; 5. 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 to the point of tangency of said curve; 6. N26 °25'55 "E for a distance of 77.45 feet to the point of curvature of a curve curving to the left with a radius of 220.00 feet; P.O. Box 160176 Austin, Texas 78716 -0176 Office: 512- 481 -9602 Fax: 512 - 330 -1621 page 3 of 3 Thomas P. Dixon R.P.L.S. 4324 Waterloo Surveyors Inc. EXHIBIT "A" July 20, 2005 7. 181.06 feet along the are of said curve with a chord which bears NO2 °51' 17 "E for a distance of 175.99 feet to the point of tangency of said curve; 8. N20 °42'27 "W for a distance of 659.45 feet; 9. N69 °17'33 "E for a distance of 74.82 feet; 10. N24 °20'53 "E for a distance of 54.63 feet; 11. N69 °17'21"E for a distance of 563.47 feet to the POINT OF BEGINNING, containing 42.50 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. P.O. Box 160176 Austin, Texas 78716 -0176 Thomas P. Dixon R.P.L.S. 4324 J9802FN2 CURvC Rt IIuS 4 • 'Mil 3 � I Nc 1095 x.7 396 `14 TN C2 220t]O' 181.06' 175, • P1 x'31 " 17 ` E C 58. 5 118,42' 115.67' N 47'51'41 4 75.74 175,74' 174.37' N1 81'4123' E C5 283,:86' 2 7.79 27.77 N 89 "03 0 9° NI Found "X" IN CONC. c' N.W. NER 657859 POB ( _ no) ounda ron Rod 8 City of Round Rock 778/330 (14.64 ac) N.W. CORNER 871/374 City of Round Rod: (2.0 oc) 8711374 (2.0 ENO F LINE COURSE AND DISTANCE CALLS City of Round Rod: Iron Rod 87113119 S.W. CORNER (2.32 se) 951/17 MAI DIRECTION L1 14 891 21 E 1335.91 L2 5 20'55 9 1.r'i L4 N 7239 36 W 23.65 L5 1i_'.4 1.8 5 2225 3 ° Nt 29.15 e' ,s ti 5 0736 58 E 79. 7 112 5 3515 4 E 226.60 W 7, r+ 116 8 71'0709" W 229.88 RECORDERS MEMORANDUM All or part of the text on this page was not clearly legible for satisfactory recordation. andter Care Ocdcrnont Sec. 5, 6k el( LP Centre 8, L.Ott 3 GAL OE"9t+tiIPTiOfk URV Y PLAT LEGEND JIM I 2 42.50 ACRES OF LAND, MORE OR LE55, OUT OF THE EPHALI EVANS F17 RON (0D FIR SURVEY. ABSTRACT NO. 212+ IN WILLIAMSON COUNTY, TEXAS, AND SET SON RfJt1 SIR RUNG- OUT OF THAT CERTAIN 94,39 ACa( TRACT OF LAND DESCRI FOUND IRON PIPE F1P VOLUME 857, PAGE 659, DEED RECORDS, MIII.IAMSON COUNTY, MOUND HIGHWAY MONUMENT FHM f €XAS, AND BEING ALL CIF LOT 1, BLOCK A. 'FINAL PLAT OF EAST POINT OF BEdHNING P0B CHANDLER RETAIL CENTER ", A PROPOSED SU8€1114S 014 IN NMLUAMSON COUNTY, TEXAS. ( • N 89'17'21" E 161aE . iat,or y t h "ti L20 N 81'3111` W 173.14' 1.21 5 02'03'55" E 112.67' L22 5 0203'55" E 134.53' L23 S 02'03'55" E 192,00' L24 14 14'46 E 435.9!2 L2 N 14` E 2 7'21" E 263. L27 14 75'05'45" 111):61 2ti N G91721' 266ue1` L2$ 5 65'39`07 E 37.56' L30 N 691733 E 74.82' L31 N 24'20' E 54.63' 0 O r � � hJ w aru 0 10 -( Z 0 - J 2 U O I- Fautd 0 Iron Rod - N. 051/17 4 � (2.0 oc) The undersigned does hereby certify that the sketch hereon was prepared from an actual on- the - ground survey and that +t is true vnd correct to the beat of my knontedge on this the 15th + ay of August, 2005. Thomas P. Dixon RPLS 4324 ROD 114) EXHIBIT B DRIVE THROUGH LOCATION N 69'17'21 E CHANDLER ROAD (COUNTY ROAD 114) 563.47' N 69'17'21" E 1338.91' RUTARY ACCESS ROAD 1. PARTIAL PLAN VIEW 1" =100' II L 111 19 1 1 1 1 1 1 1 1 2. ENLARGED PLAN VIEW 1 " =50' • N 6917'21" E 563.47' EXHIBIT C PRIMARY ACCESS DRIVE LANDSCAPING Exhibit "C -1" Primary Access Drive Exhibit "C -2" Entry Feature Landscaping (IH -35) Exhibit "C -3" Entry Feature Landscaping (Chandler Road) Exhibit "C-4" Primary Access Drive Landscaping Exhibit "C -5" Monarch Tree Landscaping EXHIBIT C -1 PRIMARY ACCESS DRIVE CHANDLER MAD - COUNTY ROAD 1 14 \f LOT Z BLOCK A 4250 ACRES - J - • PRIMARY ACCESS DRIVE 1 • { I / 1 I , / IJ � mond roch,..73184 ENTRY RiEDIAITISLAND LANDSCAPE — — -- EN - 1-1ANEEDPAVEMENT ENTRY PLANTING AREA MOW EDGE, TYP. 1-35 FRONTAGE ROAD - - - - _ User - Lot 2 Entry Feature Landscaping EXHIBIT C-2 SMALL TREE, TYP LOT LINE, TYP LANDSCAPE MEDIAN,TYP NORTH 77■77 0' 15 30' 60 a DATE: AUGUST 22, 2005 All Information show is based from sources deemed tenable and I00 sub)oo to chop. a ?aht facture 101.51anrn mule PM Mildrecktuas..1 512 .730..12.m - ENTRY - MEDIANISLAND - LOT LINE, TYP. SMALL TREE, TYP. LARGE TREE, TYP. ■' _ CHANDLER _ROAD User - Lot 2 Entry Feature Landscaping EXHIBIT C-3 j /TO ET REOCATFO .100" FCIPAIL'it ENTRY PLANTING AREA / sir - c8E VACATO PAD SITE '11 .• ,------- ((r , LANDSCAPE MEDIAN,TYP I . :."-=',.'' . ."'": i ' :.::. , , , 2_ 11;1.--'t'' '• 1i , 3 NORTH 1 0' 15' 30 BO' VIP DATE AUGUST 22, 2005 All Information show Is based from sewees dawned reliable and Is is subJect to deem. PARKING SCREENING, TYP. tiq [+ ■I� z1alnlaIIlnreVii EMI PRIMARY ACCESS DRIVE `\ -v Sig I/ Q la � ,r�. ilr.cmrc rv; SMALL TREE, TYP. LARGE TREE, TYP. ENHANCED PAVEMENT User - Lot 2 Primary Access Drive Landscaping EXHIBIT C -4 LANDSCAPE MEDIAN,TYP QUARRY BLOCK -TYP. DATE: AUGUST 22, 2005 All intonation Show Is based from sources deemed reliable and is 1s subject to change. NORTH 0' 25' 50' a 49 1 1 = 6 8 111IPCIIIIT 7 p.m QUARRY BLOCK, LANDSCAPE BEDS, TYP. LANDSCAPE MEDIAN, TYP. LARGE TREE', TYP. ENHANCED PAVEMENT User - Lot 2 Monarch Tree Landscaping EXHIBIT C -5 PRIMARY ACCESS DRIVE CRUSHED GRANITE PATH,TYP MONARCH TREE SEATING, TYP. ED NO n ^RTH 0' 25' 50' 'a DATE: AUGUST 22, 2005 Alt Informetlon show fs based from sources deemed reliable and is is subject to thane. 0 v € 1 a A VIEW Ii VEIN ENTRY VIEW WO mom I 0W30 47477 SIMON • ROUND ROCK PREMIUM OUTLETS EXHIBIT D: Masonry Theme for PUD's 59 and 60 DRIVEWAY ACCESS EXHIBIT E ORIV15 MS(.1(344■11ONS AS PEI APPROVED 1. ON LE WITH THE V OF ROUND Meg DIRECTOR OF Mkt' , r4VION SEOWES DRIVEWAY 13" DRIVEWAY 'R" —"\ BEFORE ME, the undersigned authority personally appeared known to me to be the person whose name is subscribed to this Affidavit, of , which Texas limited partnership purchased the approximately 42.5 acres described in City of Round Rock PUD No. 65 (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 Texas limited partnership, 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. 65, 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 EXHIBIT F AFFIDAVIT OF SALE AFFIANT: STATE OF TEXAS § § COUNTY OF TRAVIS § Subscribed, sworn to, and acknowledged before me on , by Notary Public, State of Texas Rezoning from LI to PUD 65 42.50 Acres Subject Tract 42.50 `acres FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2005084112 10/20/2005 04.35 PM CARRILLO $160,00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS ease, re $ d aaI 12o u ►ld p # ruilk4- 1 it: igutpci st