The URL can be used to link to this page

Z-05-09-22-13E4 - 9/22/2005 (2)THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK 1, 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- 22-13E4, which approves rezoning 1.953 acres of land from District LI to District PUD No. 63 (Hoppe). This ordinance was approved and adopted by the City Council of the City of Round Rock, Texas, on the 22nd day of September, 2005. These minutes are recorded in the official City Council Minute Book No. 53. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 20th day of October 2005. 11111111111111111111111111111111111111111111111111111111111 30 PGS HE S I MONROE, Assistant City Secretary 2005084109 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 1.953 acres of land, out of the David Curry Survey, Abstract No. 130, 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. 63, 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 13th day of July, 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.63, and 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 1.953 ACRES OF LAND OUT OF THE DAVID CURRY SURVEY, ABSTRACT NO. 130, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT LI (LIGHT INDUSTRIAL) TO PLANNED UNIT DEVELOPMENT (PUD) NO. 63. PRDesk[ap \::Or*u./ ORLDOX/ O: /WDOX /ORDIN,NC /05o522=4.WPD /cdc ORDINANCE NO. 2- 05 -Oq- - /354 WHEREAS, on the llth day of August, 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. 63 meets the following goals and objectives: (1) The development in PUD No. 63 is equal to or superior to development that would occur under the standard ordinance requirements. (2) P.U.D. No. 63 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) P.U.D. No. 63 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. 63 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. 63 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. 63, and that the Mayor is hereby authorized and directed to enter into the Agreement and Development Plan for PUD No. 63 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 day of , 2005. Alternative 2. ATTEST: ' READ and APPROVED on first reading this the 1 day of READ, APPROVED and ADOPTED on second reading this the n day of YI.FJx/ V, 2005. Riututuyw R , 2005. CHRISTINE R. MARTINEZ, City Secreta NYLE L, Mayor City . Round Rock, Texas 4. r EXHIBIT "A" PROPERTY DESCRIPTION DESCRIPTION OF A 1.953 ACRE TRACT OF LAND SITUATED WITHIN AND BEING A PORTION OF THE DAVID CURRY SURVEY, ABSTRACT NO. 130, CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF THE REMAINDER OF A CALLED 18.389 ACRE TRACT OF LAND DESCRIBED IN A WARRANTY DEED DATED DECEMBER 13, 1995 FROM EDGAR E. HOPPE TO HOPPE PROPERTIES, LTD RECORDED AS DOCUMENT NO. 9556303 IN THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS. SAID 1.953 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, AND AS SHOWN ON ACCOMPANYING PLAT OR MAP, WITH BEARINGS REFERENCED TO TEXAS STATE PLANE COORDINATES, CENTRAL ZONE: COMMENCING at a 1/2-inch iron rod with cap, stamped Baker Aicklen, found on the south line of Lot 1, Replat of Calcasieu Lumber Addition, recorded in Cabinet P, Slide 16, of the Williamson County Plat Records, and being at the northeast comer of Lot 1, Keiser Subdivision, recorded in Cabinet J, Slide 329 of said Plat Records, from which a 112 -inch iron rod with cap, stamped Baker Aicklen, found at the northwest comer of a 0.394 acre resolution dedicating right -of -way in a Special Warranty Deed from Hoppe Properties, LTD to the City of Round Rock as recorded in Document No. 2001073578 of the Official Public Records of Williamson County, Texas, being on the west right -of -way line of Chisholm Trail Drive (CR 173), having a 90 foot right-of-way, bears N 69 °00'12" E for a distance of 747.48 feet; THENCE with the east line of Lot 1, said Keiser Subdivision, S 20 °4014" E for a distance of 616.52 feet to a 1/2-inch iron rod with cap, stamped "Carter & Burgess ", set for the northwest comer of the herein described tract and the POINT OF BEGINNING; THENCE crossing said 18.389 acre tract for the following three (3) courses: 1) N 69 °1926" E for a distance of 324.52 feet to a 1/2-inch iron rod with cap, stamped "Carter & Burgess ", set for the northeast comer of the herein described tract; 2) S 20 °40'34" E for a distance of 199.00 feet to a 1/2-inch iron rod with cap, stamped "Carter & Burgess ", set for an angle point; 3) S 00 °3620" E for a distance of 80.76 feet to a 1/2-inch iron rod with cap, stamped "Carter & Burgess ", set on the curving north right-of-way of FM 3406 (West Old Settlers boulevard), having a varying width right-of-way, for the southeast corner of the herein described tract; THENCE with said north right-of-way of FM 3406 and the south line of the herein described tract for the following two (2) courses: 1) along the arc of a non - tangent curve to the left for a distance of 202,47 feet, said curve having a radius of 1333.24, a central angle of 8 °42'03 ", and a chord bearing S 73 °03'41" W fora distance of 202.27 feet to a 1/2-inch iron rod with cap, stamped Baker Aicklen, found for the end of said curve; 2) S 68 °43'31" W for a distance of 94.97 feet to a 112 -inch iron rod with cap stamped "Carter & Burgess" set at the southeast corner of Lot 2, said Keiser Subdivision for the southwest corner of the herein described tract; THENCE leaving said right-of-way, with the east line of said Keiser Subdivision and the west line of the herein described tract, N 20 °4014" W for a distance of 262.66 feet to the POINT OF BEGINNING and containing 1.953 acres of land, more or less. 050634 -051 PROPERLY OE rter�Burges5 Consultants in Surveying, Engineering, Architecture, Construction Management, and Related Services ESCRIPTION AUGUST, 2005 Carter & Burgess, Inc. 2705 See Care Road Sub 300 Austin. Texas 78748 Intone: 512.314.3100 Fax: 512.328,6672 Pnna 1 of 9 CURVE TABLE CURVE RADIUS LENGTH TANGENT DELTA CHORD CHORD BEARING C1 1333.24 705.88 361.42 30'20'06' 697.66 S83'52'42'W C2 1333.24 83.39 41.71 3'35'01' 83.37 S7912'13'111 C3 1333.24 202.47 101.43 8'42'03" 202.27 S73'03'41'W EXHIBIT "A" LINE TABLE UNE L1 LENGTH 80.76 BEARING S00'36'20'E 9 -07_ CI DATE POINT OF COMMENCEMENT LOT I L � b 52' 0 31 ' lc 1.953 ACRES ° a 25' WATER & WASTEWATER ESMT VOL 1889, P0. 433 CP N 15' P.U.E. VOL 1935, PC 773 CRY/.C. 11.91 ACRES HOPPE PROPERTIES, LTD. 118.389 AC., SAVE X EXCEPT 6.060 AC.) DOCUMENT NO, 9556303 O.R.W.C. DECEMBER 13, 1995 15' P.U.E 8Y PLAT CAB J AD 329 W.CPR cr \ \ rim'. rim'. PLAT or \ WW KEISER SUBDIVISION \ \CABINET .1, SLIDE 329 \ 1 W W.C:D.R. W 16.06 ACRES) LOT I REPEAT OF CALCASIEU LUMBER ADDITION CABINET P. SUDE 16 15' P.U.E. W.C. BY PLAT P.R.W.C. L SLD 390 W.C.P.R. 8 ' 40' P.U.E. BY PLAT CAB L 5LD 390 W.C.P.R. LOT 2 W I W \ " l i C1 RS g �� v p,ROI 5 6g ^ 9 1 k � 1 s T 020 120 SCALE 1" = 200' AUGUST. 2005 CITY OF ROUND ROCK WIU3AMSON COUNTY. TEXAS LEGEND L._ Att CHET M. GLASSCCQK REGISTERED PROFESStONAL ,N SURVEYOR NO. 4626 - STATE OF TEXAS 050634 -051 PROPERTY DES Cgrter2Burge Consultants in Surveying. Engineering. Architecture, Construction Management, and Related Services 1/2' IRON R00 WITH CAP STAMPED BAKER— AICKLEN FOUND TxDOT MONUMENT 1/2' IRON ROD WITH CAP STAMPED CARTER & BURGESS SET CRIPTION AUGUST, 2005 Carter & Burgess, Mc. 2705 Bee Cove Re44 540.305 Austin. Tevaa 78746 Phone; 512.314.3100 Fax 512.325.6672 IrMIT r THE STATE OF TEXAS § COUNTY OF WILLIAMSON § AGREEMENT AND DEVELOPMENT PLAN HOPPE CENTER PUD PLANNED UNIT DEVELOPMENT NO. 63 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 Hoppe Properties, LTD, its successors and assigns, having their offices at 16917 South Ridge Lane, Austin, Texas 78734 (hereafter referred to as the "Owner "). For purposes of this Agreement, the term Owner shall mean Hoppe Properties, LTD, its respective successors and assigns; provided, however, upon sale, transfer or conveyance of portions of the hereinafter described property, the duties and obligations of the Owner, as it relates to the respective property, shall be assumed by the new owner, and the Owner shall have no further liability relating to their respective property. WHEREAS, the Owner is the owner of certain real property consisting of 1.953 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 11.31 Code of Ordinances (1995 Edition), City of Round Rock, Texas, the Owner has submitted a Development Plan setting forth the development conditions and requirements within the PUD, which Development Plan is contained in Section II of this Agreement; and WHEREAS, the City has held two public hearings required by law to solicit input from all interested citizens and affected parties; and WHEREAS, on July 13, 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; EXHJBIT "B" 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.9 below are followed_ 3. ZONING VIOLATION Owner understands that any person, firm, corporation or other entity violating any conditions or terms of the Development Plan shall be subject to any and all penalties for the violation of any zoning ordinance provisions as stated in Section 1.601, Code of Ordinances, (1995 Edition), City of Round Rock, Texas, as amended. 4. LIEN HOLDER CONSENT There is no lien holder of record with regard to the Property as of the date of this Agreement. 5. MISCELLANEOUS PROVISIONS 5.1 Assignment Neither party may assign its rights and obligations under this Agreement without having first obtained the prior written consent of the other which consent shall not be unreasonably withheld. This section shall not prevent Owner from selling or leasing the Property or portions of the Property, together with all development rights and obligations contained in this Agreement and Development Plan. No consent shall be required in connection with such sale of the Property provided the purchaser assumes Owner's obligations in writing as to such portions of the Property, at which the Owner shall be released from any further obligations. 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 in 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. 5.5plicable 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. 3- 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 Hoppe Properties, LTD 16917 South Ridge Lane Austin, Texas 78734 Attn: Maryanne Hoppe Wood 5.10 Effective Date 5.11 Appeal of Administrative Decisions 5.12 Binding Effect -4- CITY OF ROUND ROCK City of Round Rock, Texas 301 West Bagdad, Suite 210 Round Rock, Texas 78664 Attn: Director of Planning This Agreement shall be effective from and after the date of due execution hereof by all parties. Administrative decisions provided for in this Agreement may be appealed to the City Council in writing within ninety (90) days following receipt by Owner of the written confirmation of the decision. This Agreement and the Development Plan binds and benefits the Owner and its successors and assigns. 1. DEFINITIONS II. DEVELOPMENT PLAN Words and terms used herein shall have their usual force and meaning, or as defined in the Code of Ordinances (1995 Edition) as amended, City of Round Rock, Texas, hereinafter referred to as "the Code." 2. PROPERTY This Development Plan ( "Plan ") covers approximately 1.953 acres of land, located within the city limits of Round Rock, Texas, and more particularly described by metes and bounds in Exhibit "A ". 3. PURPOSE The purpose of this Plan is to ensure a PUD that 1) is equal to or superior to development that would occur under the standard ordinance requirements, 2) is in harmony with the General Plan, as amended, 3) does not have an undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and welfare, 4) is adequately provisioned by essential public facilities and services, and 5) will be developed and maintained so as not to dominate, by scale or massing of structures, the immediate neighboring properties or interfere with their development or use in accordance with any existing zoning district. 4. APPLICABILITY OF CITY ORDINANCES 4.1 Zoning and Subdivision Ordinances The Property shall be regulated for purposes of zoning and subdivision by this Plan. All aspects not specifically covered by this Plan shall be regulated by applicable sections of the Code. If there is a conflict between this Agreement and Plan and the Code, this Agreement and Plan shall supersede the specific conflicting provisions of the Code. 4.2 Other Ordinances All other Ordinances within the Code shall apply to the Property, except as clearly modified by this Plan. In the event of a conflict, the terms of this Agreement shall control 5. PERMITTED USES The Property shall be used and developed for a pharmacy with or without drive - through service. 6. LOADING SPACES The pharmacy shall have at least one loading space (defined as an off- street space for the temporary parking of a vehicle while loading or unloading merchandise or materials). Plans for location, design and layout of all loading spaces shall be indicated on required site plans. Loading space size shall be based on the City of Round Rock's Design and Construction Standards - Transportation Criteria Manual. All loading spaces visible from public rights -of -way shall be screened by means of the following screening and landscape elements: 6.1 Decorative masonry wall (minimum six feet [6' 0"] in height). If the wall includes a gate, it shall be constructed with an opaque non - masonry material. The construction materials of the wall shall match material used on the pharmacy building; or 6.2 Alternative landscape screening to ensure screening from the right -of- way, as approved by the Zoning Administrator in accordance with Section 11.501(4)(b)(vii) and 11.501(5) of the Code. 7. 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. 8. DRIVEWAY ACCESS The pharmacy shall have one (1) full access driveway to FM 3406 located in the vicinity of the west property line in a location approved by the Director of Transportation Services. 9. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN 9.1 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. 9.2 Major Changes All changes not permitted under section 9.1 above shall be resubmitted following the same procedure required by the original PUD application. 10. GENERAL PLAN 2000 This Agreement amends the Round Rock General Plan 2000, which was adopted on June 10, 1999. Hoppe Properties, LTD a Texas limited partnership By: Date: Maryanne Hoppe W General Partner CITY OF ROUND ROCK, TEXAS By: Nyle Maxwell, Mayor Date: ATTEST: By: Christine Martinez, City Secretary -8- LIST OF EXHIBITS EXHIBIT DESCRIPTION Exhibit "A" Metes and Bounds Description of Property 9- EXHIBIT "A" PROPERTY DESCRIPTION DESCRIPTION OF A 1.953 ACRE TRACT OF LAND SITUATED WITHIN AND BEING A PORTION OF THE DAVID CURRY SURVEY, ABSTRACT NO. 130, CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF THE REMAINDER OF A CALLED 18.389 ACRE TRACT OF LAND DESCRIBED IN A WARRANTY DEED DATED DECEMBER 13, 1995 FROM EDGAR E. HOPPE TO HOPPE PROPERTIES, LTD RECORDED AS DOCUMENT NO. 9556303 IN THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS. SAID 1.953 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, AND AS SHOWN ON ACCOMPANYING PLAT OR MAP, WITH BEARINGS REFERENCED TO TEXAS STATE PLANE COORDINATES, CENTRAL ZONE: COMMENCING at a 1/2 -inch iron rod with cap, stamped Baker Aicklen, found on the south line of Lot 1, Replat of Calcasieu Lumber Addition, recorded in Cabinet P, Slide 16, of the Williamson County Plat Records, and being at the northeast corner of Lot 1, Keiser Subdivision, recorded in Cabinet J, Slide 329 of said Plat Records, from which a 1/2 -inch iron rod with cap, stamped Baker Aicklen, found at the northwest comer of a 0.394 acre resolution dedicating right-of-way in a Special Warranty Deed from Hoppe Properties, LTD to the City of Round Rock as recorded in Document No. 2001073578 of the Official Public Records of Williamson County, Texas, being on the west right -of -way line of Chisholm Trail Drive (CR 173), having a 90 foot right -of -way, bears N 69 °00'12" E for a distance of 747.48 feet; THENCE with the east Tine of Lot 1, said Keiser Subdivision, S 20 °40'34" E for a distance of 616.52 feet to a 112 -inch iron rod with cap, stamped "Carter & Burgess ", set for the northwest comer of the herein described tract and the POINT OF BEGINNING; THENCE crossing said 18.389 acre tract for the following three (3) courses: 1) N 69 °19'26" E for a distance of 324.52 feet to a 1/2 -inch iron rod with cap, stamped "Carter & Burgess ", set for the northeast comer of the herein described tract; 2) S 20 °40'34" E for a distance of 199.00 feet to a 1/2 -inch iron rod with cap, stamped "Carter & Burgess ", set for an angle point; 3) S 00 °36'20" E for a distance of 80.76 feet to a 1/2 -inch iron rod with cap, stamped "Carter & Burgess ", set on the curving north right -of -way of FM 3406 (West Old Settlers Boulevard), having a varying width right -of -way, for the southeast corner of the herein described tract; THENCE with said north right -of -way of FM 3406 and the south line of the herein described tract for the following two (2) courses: 1) along the arc of a non - tangent curve to the left for a distance of 202.47 feet, said curve having a radius of 1333.24, a central angle of 8 °42'03 ", and a chord bearing S 73 °03'41" W for a distance of 202.27 feet to a 1/2 -inch iron rod with cap, stamped Baker Aicklen, found for the end of said curve; 2) S 68 °43'31" W for a distance of 94.97 feet to a 1/2 -inch iron rod with cap stamped "Carter & Burgess" set at the southeast comer of Lot 2, said Keiser Subdivision for the southwest corner of the herein described tract; THENCE leaving said right -of -way, with the east Tine of said Keiser Subdivision and the west line of the herein described tract, N 20 °40'34" W for a distance of 262.66 feet to the POINT OF BEGINNING and containing 1.953 acres of land, more or less. 050634 -051 PROPERTY DESCRIPTION AUGUST. 2005 Carter h Burgess, c. Cgrter 2 as �� a°x "�a In Consultants in Surveying. Engineering. Ar chitecture, wo", r".m leas 9 9. phone 512.314 3100 Construction Management. r°.: 512.329.662 www and Related Services a v.,. >, c -n 4.3m 2 R EXHIBIT "A" CURVE TABLE CURVE C1 C2 C3 RADIUS 1333.24 1333.24 1333.24 LENGTH 705.88 83.39 202.47 TANGENT 361.42 41.71 101.43 DELTA 30'20'06" 3'35'01" 8'42'03" CHORD 697.66 83.37 202.27 CHORD BEARING S8352'42 "W 579'12'13 "W 573'03'41 "W LINE TABLE LINE U LENGTH 80.76 BEARING 00016'20 "E DATE 15 P.U.E BY PLAT CAB J, SLD 329 W.C.P.R. F \ POINT \ FINAL PLAT OF \ eEa `\ XEISER SUBDIVISION \ \CABINET J, SLIDE 329 \ \\ W.C.D.R. \\ (6.06 ACRES) 0 49 3T4 5 1.953 ACRES •% 25' WATER & to WASTEWATER E5MT 0, VOL. 1899, PG. 433 15' P.U.E `\ p,_ VOL. 1935, PG 173 1 1�4 PONT OF COMMENCEMENT N S N rn Q N. LOT 1 �, \ LOT 1 REPEAT OF CALCASIEU LUMBER ADDITION CABINET P. SLIDE 16 15' P.U.E. C. BY PLAT P.R.W CAB L. SID 390 W.CP.R. 40' P.U.E BY PLAT CAB L, RD 390 W -C -P.R 60 LOT 2 9.957 ACRES 8 11.91 ACRES HOPPE PROPERTIES, LTD. (13.369 AC., SAVE 5 EXCEPT 6.060 AC.I DOCUMENT NO. 9556303 O.R.WG DECEMBER 13, 1995 1n 0 m 9l F 0 C1 CHET M. GLASSCCC,K REGISTERED PROFE NAL LAN) SURVEYOR NO. 4626 - STATE OF TEXAS SCALE 1 = 200' AUGUST, 2005 CITY OF ROUND ROCK WII LIAMSON COUNTY, TEXAS LEGEND 050634 -051 PROPERLY OESC Cgrterilurgess Consultants in Surveying, Engineering, Architecture, Construction Management, and Related Services 1/2 " IRON R00 WITH CAP STAMPED BAKER- AICKLEN FOUND Tx00T MONUMENT 1/2" IRON ROD WITH CAP STAMPED CARTER & BURGESS SET iis 0 0 L 713 K. WOLLE LANE b n 60' R.O.W. S� ERS (0 _00 1 l sjOLQ,RpW) FM 340 RECORDERS MEMORANDUM All or part of the text on this page was not clearly legible for satisfactory recordation. RIPTION AUGUST, 2005 Carter & Burgess. Inc - 2)05 Bee Cove Road Suite 300 Austin. texas 70746 Phone. 512.514.3100 Fa.: 512.328.6672 sonts=b-sam Rezoning from LI to PUD 63 1.953 acres THE STATE OF TEXAS § COUNTY OF WILLIAMSON § AGREEMENT AND DEVELOPMENT PLAN HOPPE CENTER PUD PLANNED UNIT DEVELOPMENT NO. 63 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 Hoppe Properties, LTD, its successors and assigns, having their offices at 16917 South Ridge Lane, Austin, Texas 78734 (hereafter referred to as the "Owner "). For purposes of this Agreement, the term Owner shall mean Hoppe Properties, LTD, its respective successors and assigns; provided, however, upon sale, transfer or conveyance of portions of the hereinafter described property, the duties and obligations of the Owner, as it relates to the respective property, shall be assumed by the new owner, and the Owner shall have no further liability relating to their respective property. WHEREAS, the Owner is the owner of certain real property consisting of 1.953 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 11314, Code of Ordinances (1995 Edition), City of Round Rock, Texas, the Owner has submitted a Development Plan setting forth the development conditions and requirements within the PUD, which Development Plan is contained in Section II of this Agreement; and WHEREAS, the City has held two public hearings required by law to solicit input from all interested citizens and affected parties; and WHEREAS, on July 13, 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; 2 05 -o9 -aQ -136-4 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: 4. LIEN HOLDER CONSENT 1. GENERAL PROVISIONS 1. CONFORMITY WITH DEVELOPMENT PLAN That all uses and development within the Property shall conform to the Development Plan included in Section [I 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 1I.9 below are followed. 3. ZONING VIOLATION Owner understands that any person, firm, corporation or other entity violating any conditions or terms of the Development Plan shall be subject to any and all penalties for the violation of any zoning ordinance provisions as stated in Section 1.601, Code of Ordinances, (1995 Edition), City of Round Rock, Texas, as amended. There is no lien holder of record with regard to the Property as of the date of this Agreement. 5. MISCELLANEOUS PROVISIONS -2- 5.1 Assignment Neither party may assign its rights and obligations under this Agreement without having first obtained the prior written consent of the other which consent shall not be unreasonably withheld. This section shall not prevent Owner from selling or leasing the Property or portions of the Property, together with all development rights and obligations contained in this Agreement and Development Plan. No consent shall be required in connection with such sale of the Property provided the purchaser assumes Owner's obligations in writing as to such portions of the Property, at which the Owner shall be released from any further obligations. 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 in 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 Hoppe Properties, LTI) 16917 South Ridge Lane Austin, Texas 78734 Attn: Maryanne Hoppe Wood 5.10 Effective Date CITY OF ROUND ROCK City of Round Rock, Texas 301 West Bagdad, Suite 210 Round Rock, Texas 78664 Attn: Director of Planning This Agreement shall be effective from and after the date of due execution hereof by all parties. 5.11 Appeal of Administrative Decisions Administrative decisions provided for in this Agreement may be appealed to the City Council in writing within ninety (90) days following receipt by Owner of the written confirmation of the decision. 5.12 Binding Effect This Agreement and the Development Plan binds and benefits the Owner and its successors and assigns. 1. DEFINITIONS 2. PROPERTY 3. PURPOSE II. DEVELOPMENT PLAN Words and terms used herein shall have their usual force and meaning, or as defined in the Code of Ordinances (1995 Edition) as amended, City of Round Rock, Texas, hereinafter referred to as the Code." This Development Plan ( "Plan ") covers approximately 1.953 acres of land, located within the city limits of Round Rock, Texas, and more particularly described by metes and bounds in Exhibit "A ". The purpose of this Plan is to ensure a PUD that 1) is equal to or superior to development that would occur under the standard ordinance requirements, 2) is in harmony with the General Plan, as amended, 3) does not have an undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and welfare, 4) is adequately provisioned by essential public facilities and services, and 5) will be developed and maintained so as not to dominate, by scale or massing of structures, the immediate neighboring properties or interfere with their development or use in accordance with any existing zoning district. 4. APPLICABILITY OF CITY ORDINANCES 4.1 Zoning and Subdivision Ordinances The Property shall be regulated for purposes of zoning and subdivision by this Plan. All aspects not specifically covered by this Plan shall be regulated by applicable sections of the Code. If there is a conflict between this Agreement and Plan and the Code, this Agreement and Plan shall supersede the specific conflicting provisions of the Code. -s- 4.2 Other Ordinances All other Ordinances within the Code shall apply to the Property, except as clearly modified by this Plan. In the event of a conflict, the terms of this Agreement shall control. 5. PERMITTED USES The Property shall be used and developed for a pharmacy with or without drive - through service. 6. LOADING SPACES The pharmacy shall have at least one loading space (defined as an off - street space for the temporary parking of a vehicle while loading or unloading merchandise or materials). Plans for location, design and layout of all loading spaces shall be indicated on required site plans. Loading space size shall be based on the City of Round Rock's Design and Construction Standards - Transportation Criteria Manual. All loading spaces visible from public rights -of -way shall be screened by means of the following screening and landscape elements: 6.1 Decorative masonry wall (minimum six feet [6' 01 in height). If the wall includes a gate, it shall be constructed with an opaque non - masonry material. The construction materials of the wall shall match material used on the pharmacy budding; or 6.2 Alternative landscape screening to ensure screening from the right -of- way, as approved by the Zoning Administrator in accordance with Section 11.501(4)(b)(vii) and 11.501(5) of the Code. 7. 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. 8. DRIVEWAY ACCESS The pharmacy shall have one (1) full access driveway to FM 3406 located in the vicinity of the west property line in a location approved by the Director of Transportation Services. 9. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN 9.1 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. 9.2 Major Changes All changes not permitted under section 9.1 above shall be resubmitted following the same procedure required by the original PUD application. 10. GENERAL PLAN 2000 This Agreement amends the Round Rock General Plan 2000, which was adopted on June 10, 1999. Hoppe Properties, LTD a Texas limited partnership By: Date: Maryanne Hoppe W General Partner CITY OF ROUND ROCK, TEXAS Date: + ATTEST: By: Christine Martinez, City Secretary 8- EXHIBIT Exhibit "A" LIST OF EXHIBITS DESCRIPTION Metes and Bounds Description of Property -9- EXHIBIT "A" PROPERTY DESCRIPTION DESCRIPTION OF A 1.953 ACRE TRACT OF LAND SITUATED WITHIN AND BEING A PORTION OF THE DAVID CURRY SURVEY, ABSTRACT NO. 130, CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF THE REMAINDER OF A CALLED 18.389 ACRE TRACT OF LAND DESCRIBED IN A WARRANTY DEED DATED DECEMBER 13, 1995 FROM EDGAR E. HOPPE TO HOPPE PROPERTIES, LTD RECORDED AS DOCUMENT NO. 9556303 tN THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS. SAID 1.953 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, AND AS SHOWN ON ACCOMPANYING PLAT OR MAP, WITH BEARINGS REFERENCED TO TEXAS STATE PLANE COORDINATES, CENTRAL ZONE: COMMENCING at a 1/2 -inch iron rod with cap, stamped Baker Aicklen, found on the south line of Lot 1, Replat of Calcasieu Lumber Addition, recorded in Cabinet P, Slide 16, of the Williamson County Plat Records, and being at the northeast comer of Lot 1, Keiser Subdivision, recorded in Cabinet J, Slide 329 of said Plat Records, from which a 1/2 -inch iron rod with cap, stamped Baker Ridden, found at the northwest comer of a 0.394 acre resolution dedicating right -of -way in a Special Warranty Deed from Hoppe Properties, LTD to the City of Round Rock as recorded in Document No. 2001073578 of the Official Public Records of Williamson County, Texas, being on the west right -of -way fine of Chisholm Trail Drive (CR 173), having a 90 foot right-of-way, bears N 69 °00'12" E for a distance of 747.48 feet; THENCE with the east line of Lot 1, said Keiser Subdivision, S 20 °40'34" E for a distance of 616.52 feet to a 1/2 -inch iron rod with cap, stamped "Carter & Burgess ", set for the northwest comer of the herein described tract and the POINT OF BEGINNING; THENCE crossing said 18.389 acre tract for the following three (3) courses: 1) N 69 °19'26" E for a distance of 324.52 feet to a 1/2 -inch iron rod with cap, stamped "Carter & Burgess ", set for the northeast comer of the herein described tract 2) S 20 °40'34" E for a distance of 199.00 feet to a 1/2-inch iron rod with cap, stamped "Carter & Burgess', set for an angle point; 3) S 00 °36'20" E for a distance of 80.76 feet to a 1/2 -inch iron rod with cap, stamped "Carter & Burgess ", set on the curving north right-of-way of FM 3406 (West Old Settlers Boulevard), having a varying width right-of-way, for the southeast comer of the herein described tract; THENCE with said north right-of-way of FM 3406 and the south line of the herein described tract for the following two (2) courses: 1) along the arc of a non - tangent curve to the left for a distance of 202.47 feet, said curve having a radius of 1333.24, a central angle of 8 °42'03 ", and a chord bearing S 73 °03'41" W for a distance of 202.27 feet to a 1/2 -inch iron rod with cap, stamped Baker Aicklen, found for the end of said curve; 2) S 68 °43'31' W for a distance of 94.97 feet to a 1/2 -inch iron rod with cap stamped "Carter & Burgess" set at the southeast corner of Lot 2, said Keiser Subdivision for the southwest comer of the herein described tract; THENCE leaving said right -of -way, with the east line of said Keiser Subdivision and the west line of the herein described tract, N 20 °40'34" W for a distance of 262.66 feet to the POINT OF BEGINNING and containing 1.953 acres of land, more or less. 050634 -051 PROPERTY DESCRIPTION AUGUST, 2005 Carter urges Consultants in Surveying, Engineering, Architecture, Construction Management, and Related Services Carter & Durgess, Inc. 2705 B« 0e,e Re04 suite SOa Austin, Texas 78746 Phone_ 512.314.3100 Fox, 512.326.6672 www S -h rota EXHIBIT "A" CURVE TABLE CURVE C1 C2 C3 RADIUS 1333.24 1333.24 1333.24 LENGTH 705.88 83.39 202 -47 TANGENT 361.42 41.71 101.43 DELTA 30'20'06" 3'35'01" 8'42'03" CHORD 697.66 83.37 202.27 CHORD BEARING 583'52'42 "W S79'12'13 "W S73'03'41 "W UNE TABLE UNE L1 LENGTH 80.76 BEARING 500'36'20 "E 9 -07- 0 DATE 1.953 ACRES 'C 25' WATER & WASTEWATER 15112 V0L 1889. PC. 433 15' P.U.E VOL. 1935. PG 773 0.RW.0 POINT OF COMMENCEMENT 15' P.U.E BY PLAT CAB J, SLD 329 W.C.P.R. LOT 1 o. W LOT 1 REPL4T OF C4LC4S /EU LUMBER ADDITION C4 MET P, SLIDE 16 15' P.U.E W.C. BY PLAT P. R. CAB L. SLD 390 W.C.P.R. 40' P.U.E BY PLAT CAB L. SL0 390 FINAL PLAT OF \\ Of \ KEISER SUBDIVISION BEGINNING ,CABINET ./, SLIDE 329 \ \ W.C.D. R. 1 (6.06 ACRES) 1 3 �, — .n LOT 2 11.91 ACRES HOPPE PROPERTIES, LTD. (18.389 AC., SAVE & EXCEPT 5.060 AC.) DOCUMENT NO. 9556303 O.R.W.0 DECEMBER 13, 1995 9.957 ACRES A RS 56g9b g1 1��W 3 4 0 6 0 E51 FIA • 1/2" IROKER— AIQCLEN N R00 9118 F OUND CAP STAMPEO BA Q TOOT MONUMENT S 1 O 1/2" IRON ROD WITH CAP 1n 1 STAMPED CARTER & BURGESS SET WOLLE LANE 60' R.O.W. v A I 1 9005 _v0,RO) LEGEND • .!_i CHET M. CLASSC K REGISTERED PROFESSIONAL LAN L SURVEYOR NO. 4626 - STATE OF TEXAS 050634 -051 PROPERTY DESCRIPTION AUGUST, 2005 Carter A Burgess, Inc. Carterflurgess 2705 Bea � Raa4 Sate 300 Austin. Texas 78746 Phone: 512.314.3100 Fax: 512.32012.320 .6672 —b roro Consultants in Surveying. Engineering, Architecture, Construction Management, and Related Services SCALE : 1" = 200' AUGUST. 2005 CITY OF ROUND ROCK 111LUANSON COUNTY, TEXAS FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2005084109 E."R , 10/20/2005 04:35 PM CARRILLO $132.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS dal , ma u�cl ko 3 f - r)( -7g1-1)L4 ®PEnesktop \::ODMA,WoetOox /o: /000x /DRDxeau0/050922E4 weo /mc ORDINANCE NO. 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 1.953 ACRES OF LAND OUT OF THE DAVID CURRY SURVEY, ABSTRACT NO. 130, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT LI (LIGHT INDUSTRIAL) TO PLANNED UNIT DEVELOPMENT (PUD) NO. 63. 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 1.953 acres of land, out of the David Curry Survey, Abstract No. 130, 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. 63, 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 13th day of July, 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.63, and WHEREAS, on the llth day of August, 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. 63 meets the following goals and objectives: (1) The development in PUD No. 63 is equal to or superior to development that would occur under the standard ordinance requirements. (2) P.U.D. No. 63 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) P.U.D. No. 63 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. 63 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. 63 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. 63, and that the Mayor is hereby authorized and directed to enter into the Agreement and Development Plan for PUD No. 63 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 day of , 2005. Alternative 2. Jl READ and APPROVED on first reading this the 1 ! t� 1 day of VY" ^^ L: ) , 2005. READ, APPROVED and ADOPTED on second reading this the (92 ay of 2005. ATTEST: • lu,I. 7' 1Ctiy CHRISTINE R. MARTINEZ, City Secreta NYLE ,1y -, Mayor City •.. Round Rock, Texas 4. EXHIBIT "A" PROPERTY DESCRIPTION DESCRIPTION OF A 1.953 ACRE TRACT OF LAND SITUATED WITHIN AND BEING A PORTION OF THE DAVID CURRY SURVEY, ABSTRACT NO. 130, CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF THE REMAINDER OF A CALLED 18.389 ACRE TRACT OF LAND DESCRIBED IN A WARRANTY DEED DATED DECEMBER 13, 1995 FROM EDGAR E. HOPPE TO HOPPE PROPERTIES, LTD RECORDED AS DOCUMENT NO. 9556303 IN THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS. SAID 1.953 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, AND AS SHOWN ON ACCOMPANYING PLAT OR MAP, WITH BEARINGS REFERENCED TO TEXAS STATE PLANE COORDINATES, CENTRAL ZONE: COMMENCING at a 1/2 -inch iron rod with cap, stamped Baker Aicklen, found on the south line of Lot 1, Replat of Calcasieu Lumber Addition, recorded in Cabinet P, Slide 16, of the Williamson County Plat Records, and being at the northeast comer of Lot 1, Keiser Subdivision, recorded in Cabinet J, Slide 329 of said Plat Records, from which a 1/2 -inch iron rod with cap, stamped Baker Aicklen, found at the northwest comer of a 0.394 acre resolution dedicating right -of -way in a Special Warranty Deed from Hoppe Properties, LTD to the City of Round Rock as recorded in Document No. 2001073578 of the Official Public Records of Williamson County, Texas, being on the west right -of -way line of Chisholm Trail Drive (CR 173), having a 90 foot right -of -way, bears N 69 °00'12" E for a distance of 747.48 feet; THENCE with the east line of Lot 1, said Keiser Subdivision, S 20 °40'34" E for a distance of 616.52 feet to a 112 -inch iron rod with cap, stamped 'Carter & Burgess ", set for the northwest comer of the herein described tract and the POINT OF BEGINNING; THENCE crossing said 18.389 acre tract for the following three (3) courses: 1) N 69 °1926" E for a distance of 324.52 feet to a 1/2 -inch iron rod with cap, stamped "Carter & Burgess ", set for the northeast corner of the herein described tract; 2) S 20 °40'34" E for a distance of 199.00 feet to a 1/2 -inch iron rod with cap, stamped "Carter & Burgess ", set for an angle point; 3) S 00 °36'20" E for a distance of 80.76 feet to a 1/2 -inch iron rod with cap, stamped "Carter & Burgess ", set on the curving north right -of -way of FM 3406 (West Old Settlers Boulevard), having a varying width right -of -way, for the southeast comer of the herein described tract; THENCE with said north right -of -way of FM 3406 and the south line of the herein described tract for the following two (2) courses: 1) along the arc of a non - tangent curve to the left for a distance of 202.47 feet, said curve having a radius of 1333.24, a central angle of 8 °42'03 ", and a chord bearing S 73 °03'41" W for a distance of 202.27 feet to a 112 -inch iron rod with cap, stamped Baker Aicklen, found for the end of said curve; 2) S 68 °43'31" W for a distance of 94.97 feet to a 1/2 -inch iron rod with cap stamped "Carter & Burgess" set at the southeast comer of Lot 2, said Keiser Subdivision for the southwest comer of the herein described tract; THENCE leaving said right -of -way, with the east line of said Keiser Subdivision and the west line of the herein described tract, N 20 °40'34" W for a distance of 262.66 feet to the POINT OF BEGINNING and containing 1.953 acres of land, more or less. 050634 -051 PROPERTY DESCRIPTION AUGUST, 2005 Carter®Rurg cartz;os e� 7 4 Inc. Saes 300 Austin. Texas 78746 Phone: 512.3143100 Fax: 512328.6672 """ —twsm Consultants in Surveying, Engineering. Architecture, Construction Management, and Related Services Page 1 of 2 8 R 0 9 2 EXHIBIT "A" CURVE TABLE CURVE C1 C2 C3 RADIUS 1333.24 1333.24 1333.24 LENGTH 705.88 83.39 202.47 TANGENT 361.42 41.71 101.43 DELTA 30'20'06" 3'35'01" 8'42'03" CHORD 697.66 83.37 202.27 CHORD BEARING 583'52'42 "W 57912'13 "W S73'03'41 "W LINE TABLE LINE J LENGTH L1 I 80.76 BEARING 50016'20 "E S - o DATE POINT OF COMMENCEMENT ;\ 15' P.U.E. \ BY PLAT CAB J. SLD W.C.P.R. LOT I FINAL PLAT OF \ \ KEISER SUBDIVISION \ e J, SLIDE 329 W.C.D.R. R (6.06 ACRES) C • " N o. LOT 1 REPLAT OF CALCASIEU LUMBER ADDITION CABINET P, SLIDE 16 15' P.U.E. W.C. BY PLAT P. R. CAB L, SLD 390 W.C.P.R. 3 51" 1.953 ACRES p 25' WATER A: WASTEWATER ESM T dl VOL 1859, PG. 43 15' P.U.E. • p1 VOL 1935, PG 773 O.R.W.C. N 6 9 \ N6 1 40' P.U.E. BY PLAT CAB L SLD 390 W.C.P.R. T^ 11.91 ACRES HOPPE PROPERTIES, LTD. (18.389 AC., SAVE & EXCEPT 6.060 AC.) DOCUMENT NO. 9556303 O,R.W.C. DECEMBER 13, 1995 POINT OF BEGINNING •c i 9.957 ACRES A6 - 6a A391 VRS 5 9A' 5' 0 o ROW FM 34 06 ( ( 12 C1 m I A CO 800k-EV P 4 CHET M. GLASSCCC,K REGISTERED PROFE - '1ONAL LAN SURVEYOR NO. 4626 - STATE OF TEXAS Consultants In Surveying, Engineering, Architecture, Construction Management, and Related Services SCALE : 1 = 200' AUGUST. 2005 CITY OF ROUND ROCK WILLIAMSON COUNTY, TEXAS • I Li 2 I o 0 = o I l WOLL£ LANE o 60" R.O,W. r • LEGEND 1/2" IRON ROD WITH CAP STAMPED BAKER— AICKLEN FOUND TXDOT MONUMENT 1/2" IRON ROD WITH CAP STAMPED CARTER & BURGESS SET 050634-051 PROPERTY DESCRIPTION AUGUST, 2005 C grter ® Burges Cart 2705 Beeurg R t d Inc. Suite 300 Austin. Texas 78746 Pharr: 512.314.3100 Fox: 512.328.6672 view —b root Page 2 of 2 THE STATE OF TEXAS § COUNTY OF WILLIAMSON § AGREEMENT AND DEVELOPMENT PLAN HOPPE CENTER PUD PLANNED UNIT DEVELOPMENT NO. 63 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 Hoppe Properties, LTD, its successors and assigns, having their offices at 16917 South Ridge Lane, Austin, Texas 78734 (hereafter referred to as the "Owner "). For purposes of this Agreement, the term Owner shall mean Hoppe Properties, LTD, its respective successors and assigns; provided, however, upon sale, transfer or conveyance of portions of the hereinafter described property, the duties and obligations of the Owner, as it relates to the respective property, shall be assumed by the new owner, and the Owner shall have no further liability relating to their respective property. WHEREAS, the Owner is the owner of certain real property consisting of 1.953 acres, as more particularly described in Exhibit "A ", (herein after referred to as the "Property ") attached hereto and made a part hereof. WHEREAS, The Owner has submitted a request to the City to rezone the Property as a Planned Unit Development (the "PUD "). WHEREAS, pursuant to Chapter 11, Section 11.314, Code of Ordinances (1995 Edition), City of Round Rock, Texas, the Owner has submitted a Development Plan setting forth the development conditions and requirements within the PUD, which Development Plan is contained in Section II of this Agreement; and WHEREAS, the City has held two public hearings required by law to solicit input from all interested citizens and affected parties; and WHEREAS, on July 13, 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; EXHIBIT'S" NOW THEREFORE BY THIS AGREEMENT WITNESSETH that, in consideration of the covenants and conditions set forth herein, the City and the Owner agree as follows: GENERAL PROVISIONS 1. CONFORMITY WITH DEVELOPMENT PLAN That all uses and development within the Property shall conform to the Development Plan included in Section II herein. 2. CHANGES AND MODIFICATIONS No changes or modifications will be made to this Agreement or the Development Plan unless all provisions pertaining to changes or modifications as stated in Section II.9 below are followed. 3. ZONING VIOLATION 4. LIEN HOLDER CONSENT 5. MISCELLANEOUS PROVISIONS I. Owner understands that any person, firm, corporation or other entity violating any conditions or terms of the Development Plan shall be subject to any and all penalties for the violation of any zoning ordinance provisions as stated in Section 1.601, Code of Ordinances, (1995 Edition), City of Round Rock, Texas, as amended. There is no lien holder of record with regard to the Property as of the date of this Agreement. 5.1 Assignment Neither party may assign its rights and obligations under this Agreement without having first obtained the prior written consent of the other which consent shall not be unreasonably withheld. This section shall not prevent Owner from selling or leasing the Property or portions of the Property, together with all development rights and obligations contained in this Agreement and Development Plan. No consent shall be required in connection with such sale of the Property provided the purchaser assumes Owner's obligations in writing as to such portions of the Property, at which the Owner shall be released from any further obligations. 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 in 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 Hoppe Properties, LTD 16917 South Ridge Lane Austin, Texas 78734 Attn: Maryanne Hoppe Wood 5.10 Effective Date City of Round Rock, Texas 301 West Bagdad, Suite 210 Round Rock, Texas 78664 Attn_ Director of Planning This Agreement shall be effective from and after the date of due execution hereof by all parties. 5.11 Appeal of Administrative Decisions Administrative decisions provided for in this Agreement may be appealed to the City Council in writing within ninety (90) days following receipt by Owner of the written confirmation of the decision. 5.12 Binding Effect This Agreement and the Development Plan binds and benefits the Owner and its successors and assigns. 1. DEFINITIONS 2. PROPERTY 3. PURPOSE II. DEVELOPMENT PLAN Words and terms used herein shall have their usual force and meaning, or as defined in the Code of Ordinances (1995 Edition) as amended, City of Round Rock, Texas, hereinafter referred to as "the Code." This Development Plan ( "Plan ") covers approximately 1.953 acres of land, located within the city limits of Round Rock, Texas, and more particularly described by metes and bounds in Exhibit "A ". The purpose of this Plan is to ensure a PUD that 1) is equal to or superior to development that would occur under the standard ordinance requirements, 2) is in harmony with the General Plan, as amended, 3) does not have an undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and welfare, 4) is adequately provisioned by essential public facilities and services, and 5) will be developed and maintained so as not to dominate, by scale or massing of structures, the immediate neighboring properties or interfere with their development or use in accordance with any existing zoning district. 4. APPLICABILITY OF CITY ORDINANCES 4.1 Zoning and Subdivision Ordinances 'The Property shall be regulated for purposes of zoning and subdivision by this Plan. All aspects not specifically covered by this Plan shall be regulated by applicable sections of the Code. If there is a conflict between this Agreement and Plan and the Code, this Agreement and Plan shall supersede the specific conflicting provisions of the Code. -5- 4.2 Other Ordinances All other Ordinances within the Code shall apply to the Property, except as clearly modified by this Plan. In the event of a conflict, the terms of this Agreement shall control. 5. PERMITTED USES The Property shall be used and developed for a pharmacy with or without drive - through service. 6. LOADING SPACES The pharmacy shall have at least one loading space (defined as an off -street space for the temporary parking of a vehicle while loading or unloading merchandise or materials). Plans for location, design and layout of all loading spaces shall be indicated on required site plans. Loading space size shall be based on the City of Round Rock's Design and Construction Standards - Transportation Criteria Manual. All loading spaces visible from public rights -of -way shall be screened by means of the following screening and landscape elements: 6.1 Decorative masonry wall (minimum six feet [6' 0"] in height). If the wall includes a gate, it shall be constructed with an opaque non - masonry material. The construction materials of the wall shall match material used on the pharmacy building; or 6.2 Alternative landscape screening to ensure screening from the right -of- way, as approved by the Zoning Administrator in accordance with Section 11.501(4)(b)(vii) and 11.501(5) of the Code. 7. 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. 8. DRIVEWAY ACCESS The pharmacy shall have one (1) full access driveway to FM 3406 located in the vicinity of the west property line in a location approved by the Director of Transportation Services. 9. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN 9.1 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. 9.2 Major Changes All changes not permitted under section 9.1 above shall be resubmitted following the same procedure required by the original PUD application. 10. GENERAL PLAN 2000 This Agreement amends the Round Rock General Plan 2000, which was adopted on June 10, 1999. Hoppe Properties, LTD a Texas limited partnership By: Date: Maryanne Hoppe W General Partner CITY OF ROUND ROCK, TEXAS By: Date: Nyle Maxwell, Mayor ATTEST: By: Christine Martinez, City Secretary -8- LIST OF EXHIBITS EXHIBIT DESCRIPTION Exhibit "A" Metes and Bounds Description of Property EXHIBIT"N' PROPERTY DESCRIPTION DESCRIPTION OF A 1.953 ACRE TRACT OF LAND SITUATED WITHIN AND BEING A PORTION OF THE DAVID CURRY SURVEY,ABSTRACT NO.130,CITY OF ROUND ROCK,WILLIAMSON COUNTY,TEXAS,AND BEING A PORTION OF THE REMAINDER OF A CALLED 18.389 ACRE TRACT OF LAND DESCRIBED IN A WARRANTY DEED DATED DECEMBER 13,1995 FROM EDGAR E.HOPPE TO HOPPE PROPERTIES,LTD RECORDED AS DOCUMENT NO.9556303 IN THE OFFICIAL RECORDS OF WILLIAMSON COUNTY,TEXAS.SAID 1.953 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS,AND AS SHOWN ON ACCOMPANYING PLAT OR MAP,WITH BEARINGS REFERENCED TO TEXAS STATE PLANE COORDINATES,CENTRAL ZONE: COMMENCING at a 1/2-inch iron rod with cap,stamped Baker Aicklen,found on the south line of Lot 1,Replat of Calcasieu Lumber Addition,recorded in Cabinet P,Slide 16,of the Williamson County Plat Records,and being at the northeast comer of Lot 1,Keiser Subdivision,recorded in Cabinet J, Slide 329 of said Plat Records,from which a 1/2-inch iron rod with cap,stamped Baker Aicklen,found at the northwest comer of a 0.394 acre resolution dedicating right-of-way in a Special Warranty Deed from Hoppe Properties,LTD to the City of Round Rock as recorded in Document No.2001073578 of the Official Public Records of Williamson County,Texas,being on the west right-of-way line of Chisholm Trail Drive(CR 173),having a 90 foot right-of-way,bears N 69°00'12"E for a distance of 747.48 feet; THENCE with the east line of Lot 1,said Keiser Subdivision,S 20°40'34"E for a distance of 616.52 feet to a 1/2-inch iron rod with cap,stamped"Carter&Burgess",set for the northwest comer of the herein described tract and the POINT OF BEGINNING; THENCE crossing said 18.389 acre tract for the following three(3)courses: 1)N 69°19'26"E for a distance of 324.52 feet to a 112-inch iron rod with cap,stamped"Carter& Burgess",set for the northeast corner of the herein described tract; 2)S 20"40'34"E for a distance of 199.00 feet to a 112-inch iron rod with cap,stamped"Carter& Burgess",set for an angle point; 3)5 00°36'20"E for a distance of 80.76 feet to a 112-inch iron rod with cap,stamped"Carter& Burgess",set on the curving north right-of-way of FM 3406(West Old Settlers Boulevard),having a g varying width right-of-way,for the southeast comer of the herein described tract; THENCE with said north right-of-way of FM 3406 and the south line of the herein described tract for the following two(2)courses: 1)along the arc of a non-tangent curve to the left for a distance of 202.47 feet,said curve having a radius of 1333.24,a central angle of 8°42'03",and a chord bearing S 73"03'41"W for a distance of 202.27 feet to a 1/2-inch iron rod with cap,stamped Baker Aicklen,found for the end of said curve; 2)S 68"43'31"W for a distance of 94.97 feet to a 1/2-inch iron rod with cap stamped"Carter& 6 Burgess"set at the southeast Corner of Lot 2,said Keiser Subdivision for the southwest corner of the herein described tract; s THENCE leaving said right-of-way,with the east line of said Keiser Subdivision and the west line of the herein described tract,N 20°40'34"W for a distance of 262.66 feel to the POINT OF BEGINNING E and containing 1953. acres of land,more or less. s° 5 A E 050634-051 PROPERLY OESCRIP710N AUGUST,2005 CAmy R Carter k Burgess, Inc- arter Burgess 2705 Bee Lava Ra Consultants in Surveying, surae Sao was".T- X31. Engineering, Architecture, ana"e:sxau.3ioo Construction Management, Fa 512.3xe.ea72 and Related Services Poae 1 of 2 EXHIBIT "A" CURVE TABLE CURVE C1 C2 C3 RADIUS 1333.24 1333.24 1333.24 LENGTH 705.88 83.39 202.47 TANGENT 361.42 41.71 101.43 DELTA 30'20'06" 3'35'01" 8'42'03" CHORD 697.66 83.37 202.27 CHORD BEARING S83'52'42 "W S7912'13 "W S73'03'41 "W LINE TABLE LINE L1 LENGTH 80.76 BEARING S00'36'20 "E 9 -o7- o5 DATE POINT OF COMMENCEMENT 15' P.U.E \ BY PLAT CAB J, 5L0 W.C.P.R. LOT 1 31-A 52 ° o 1.953 ACRES ° Q 25' WATER & N WASTEWATER ESMT VOL 1889, PG. 43 N 15' P.U.E IS VOL 1935, PG 773 O.R. W.C. • • \\ , 2 FINAL PLAT OF \\ X£ISER SUBDIVISION \ ,CABINET .1, SLIDE 329 W.C.D.R. (6.06 ACRES) 40' P.U.E. BY PLAT CAB L. 510 390 WC.P.R. N� 6t 11.91 ACRES HOPPE PROPERTIES, LTD. (18.389 AC., SAVE So EXCEPT 5.050 ,4C.I DOCUMENT NO. 9556303 1 n \ O.R.W.C. \ DECEMBER 13, 1995 1P LOT 1 RE OF CALCAS /EU LUMBER ADDITION CABINET P, SLIDE 16 15' P.U.E. P.R.W.C. BY PLAT CAB L, SLD 390 W.C.P.R. rP LOT 2 POINT OF BEGINNING N 9.957 ACRES C1 O r 1/2 " IRON ROD WITH CAP STAMPED • BAKER — AICKLEN FOUND • TxDOT MONUMENT i 1 0 I/2" IRON ROD WITH CAP to 1 STAMPED CARTER & BURGESS SET m = O � I7 _ • WOLLE LANE 60" R.O.W. 25 56g949,pw SEj�"ERS BOE\I O` 34p6 eVEST `1 0 R 0 YJ ) SCALE 1" = 200' AUGUST, 2005 CITY OF ROUND ROCK WAMSON COUNTY, TEXAS LEGEND CHET M. GLASSCCC,K REGISTERED PROFESSIONAL LAN) SURVEYOR NO. 4626 - STATE OF TEXAS 050634 -051 PROPERTY DESCRIPTION AUGUST. 2005 �y A Carter & Burgess, Inc. Cgrter laurgeaa 2705 Bee Caw Road Consultants in Surveying, Suite 300 Austin, 2 )306 51 Engineering, Architecture, phone; s1z. 314.31 00 Construction Management. Fax: 512.326.6672 and Related Services „ -. , ,. ,... Pnoe 2 of 2 Rezoning from LI to PUD 63 1.953 acres DATE: September 16, 2005 SUBJECT: City Council Meeting — September 22, 2005 ITEM: 13.E.4. Consider an ordinance rezoning 1.953 of and from District LI (Light Industrial) to District PUD No. 63 (Planned Unit Development). (Hoppe) (Amended for Second Reading) Department: Planning and Community Development Department Staff Person: Jim Stendebach, Planning and Community Development Director Justification: The applicant initially requested a zoning change from LI (Light Industrial) to C -1 (General Commercial) for this tract of land in order to construct a pharmacy. While staff was generally amenable to a pharmacy, there were some concerns over the appropriateness of other uses at this location that would be allowed in C -1 zoning. Staff therefore negotiated a PUD for this property that would limit the use to pharmacy only. In addition to the limitation on uses, the PUD requires underground utilities and screening for loading spaces. It also limits the site to one driveway near the western property line. The PUD received first reading only on August 11 2005. Following this the applicant reduced acreage in the PUD to 1.953 acres. Access to the business from FM 3406 is restricted to the west end of the lot which is approximately 365 feet west of the Chisholm Trail intersection. In addition a shared access is being provided to Chisholm Trail approximately 400 feet north of the intersection. Funding: Cost: N/A Source of funds: Outside Resources: Chris Reid, Carter- Burgess Background Information: The property was annexed and originally zoned for industrial uses in 1981. On July 13, 2005, the Planning and Zoning Commission rendered a favorable recommendation to adopt the PUD with the condition that the language regarding the driveway access be revised. That language has been revised accordingly and approved by the Director of Transportation Services to limit the site to just one driveway. Public Comment: N /A Public Notice and a public hearing were held in accordance with the City of Round Rock's Zoning Ordinance. Notification was sent out to neighboring property owners and a public hearing was held on July 13, 2005, at the regular meeting of the Planning and Zoning Commission. THE STATE OF TEXAS COUNTY OF WILLIAMSON § z - as - 09- as -13G 4 AGREEMENT AND DEVELOPMENT PLAN HOPPE CENTER PUD PLANNED UNIT DEVELOPMENT NO. 63 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 Hoppe Properties, LTD, its successors and assigns, having their offices at 16917 South Ridge Lane, Austin, Texas 78734 (hereafter referred to as the "Owner "). For purposes of this Agreement, the term Owner shall mean Hoppe Properties, LTD, its respective successors and assigns; provided, however, upon sale, transfer or conveyance of portions of the hereinafter described property, the duties and obligations of the Owner, as it relates to the respective property, shall be assumed by the new owner, and the Owner shall have no further liability relating to their respective property. WHEREAS, the Owner is the owner of certain real property consisting of 1.953 acres, as more particularly described in Exhibit "A ", (herein after referred to as the "Property ") attached hereto and made a part hereof. WHEREAS, The Owner has submitted a request to the City to rezone the Property as a Planned Unit Development (the "PUD "). WHEREAS, pursuant to Chapter 11, Section 11.314, Code of Ordinances (1995 Edition), City of Round Rock, Texas, the Owner has submitted a Development Plan setting forth the development conditions and requirements within the PUD, which Development Plan is contained in Section II of this Agreement; and WHEREAS, the City has held two public hearings required by law to solicit input from all interested citizens and affected parties; and WHEREAS, on July 13, 2005, the City's Planning and Zoning Commission recommended approval of the Owner's application for a PUD; and WHEREAS, the City Council has reviewed the proposed Development Plan and determined that it promotes the health, safety, and general welfare of the citizens of Round Rock and that it complies with the intent of the Planned Unit Development Ordinance of the City; NOW THEREFORE BY THIS AGREEMENT WITNESSETH that, in consideration of the covenants and conditions set forth herein, the City and the Owner agree as follows: GENERAL PROVISIONS 1. CONFORMITY WITH DEVELOPMENT PLAN That all uses and development within the Property shall conform to the Development Plan included in Section II herein. 2. CHANGES AND MODIFICATIONS No changes or modifications will be made to this Agreement or the Development Plan unless all provisions pertaining to changes or modifications as stated in Section II.9 below are followed. 3. ZONING VIOLATION Owner understands that any person, firm, corporation or other entity violating any conditions or terms of the Development Plan shall be subject to any and all penalties for the violation of any zoning ordinance provisions as stated in Section 1.601, Code of Ordinances, (1995 Edition), City of Round Rock, Texas, as amended. 4. LIEN HOLDER CONSENT There is no lien holder of record with regard to the Property as of the date of this Agreement. 5. MISCELLANEOUS PROVISIONS I. 5.1 Assignment Neither party may assign its rights and obligations under this Agreement without having first obtained the prior written consent of the other which consent shall not be unreasonably withheld. This section shall not prevent Owner from selling or leasing the Property or portions of the Property, together with all development rights and obligations contained in this Agreement and Development Plan. No consent shall be required in connection with such sale of the Property provided the purchaser assumes Owner's obligations in writing as to such portions of the Property, at which the Owner shall be released from any further obligations. 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 in 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 Hoppe Properties, LTD 16917 South Ridge Lane Austin, Texas 78734 Attn: Maryanne Hoppe Wood 5.10 Effective Date This Agreement shall be effective from and after the date of due execution hereof by all parties. 5.11 Appeal of Administrative Decisions Administrative decisions provided for in this Agreement may be appealed to the City Council in writing within ninety (90) days following receipt by Owner of the written confirmation of the decision. 5.12 Binding Effect City of Round Rock, Texas 301 West Bagdad, Suite 210 Round Rock, Texas 78664 Attn: Director of Planning This Agreement and the Development Plan binds and benefits the Owner and its successors and assigns. 1. DEFINITIONS 2. PROPERTY 3. PURPOSE II. DEVELOPMENT PLAN Words and terms used herein shall have their usual force and meaning, or as defined in the Code of Ordinances (1995 Edition) as amended, City of Round Rock, Texas, hereinafter referred to as the Code." This Development Plan ("Plan") covers approximately 1.953 acres of land, located within the city limits of Round Rock, Texas, and more particularly described by metes and bounds in Exhibit "A ". The purpose of this Plan is to ensure a PUD that 1) is equal to or superior to development that would occur under the standard ordinance requirements, 2) is in harmony with the General Plan, as amended, 3) does not have an undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and welfare, 4) is adequately provisioned by essential public facilities and services, and 5) will be developed and maintained so as not to dominate, by scale or massing of structures, the immediate neighboring properties or interfere with their development or use in accordance with any existing zoning district. 4. APPLICABILITY OF CITY ORDINANCES 4.1 Zoning and Subdivision Ordinances The Property shall be regulated for purposes of zoning and subdivision by this Plan. All aspects not specifically covered by this Plan shall be regulated by applicable sections of the Code. If there is a conflict between this Agreement and Plan and the Code, this Agreement and Plan shall supersede the specific conflicting provisions of the Code. 4.2 Other Ordinances All other Ordinances within the Code shall apply to the Property, except as clearly modified by this Plan. In the event of a conflict, the terms of this Agreement shall control. 5. PERMITTED USES The Property shall be used and developed for a pharmacy with or without drive - through service. 6. LOADING SPACES The pharmacy shall have at least one loading space (defined as an off - street space for the temporary parking of a vehicle while loading or unloading merchandise or materials). Plans for location, design and layout of all loading spaces shall be indicated on required site plans. Loading space size shall be based on the City of Round Rock's Design and Construction Standards - Transportation Criteria Manual. All loading spaces visible from public rights -of -way shall be screened by means of the following screening and landscape elements: 6.1 Decorative masonry wall (minimum six feet [6' 01 in height). If the wall includes a gate, it shall be constructed with an opaque non - masonry material. The construction materials of the wall shall match material used on the pharmacy building; or 6.2 Alternative landscape screening to ensure screening from the right -of- way, as approved by the Zoning Administrator in accordance with Section 11.501(4)(b)(vii) and 11.501(5) of the Code. 7. 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. 8. DRIVEWAY ACCESS The pharmacy shall have one (1) full access driveway to FM 3406 located in the vicinity of the west property line in a location approved by the Director of Transportation Services. 9. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN 9.1 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. 9.2 Major Changes All changes not permitted under section 9.1 above shall be resubmitted following the same procedure required by the original PUD application. 10. GENERAL PLAN 2000 This Agreement amends the Round Rock General Plan 2000, which was adopted on June 10, 1999. Hoppe Properties, LTD a Texas limited partnership By: Date: Maryanne Hoppe W General Partner J, 2. CITY OF ROUND ROCK, TEXAS By: Date: ` --65 ATTEST: Christine Martinez, City Secretary -8- EXHIBIT Exhibit "A" LIST OF EXHIBITS DESCRIPTION Metes and Bounds Description of Property -9- EXHIBIT "A" PROPERTY DESCRIPTION DESCRIPTION OF A 1.953 ACRE TRACT OF LAND SITUATED WITHIN AND BEING A PORTION OF THE DAVID CURRY SURVEY, ABSTRACT NO. 130, CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF THE REMAINDER OF A CALLED 18.389 ACRE TRACT OF LAND DESCRIBED IN A WARRANTY DEED DATED DECEMBER 13, 1995 FROM EDGAR E. HOPPE TO HOPPE PROPERTIES, LTD RECORDED AS DOCUMENT NO. 9556303 IN THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS. SAID 1.953 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, AND AS SHOWN ON ACCOMPANYING PLAT OR MAP, WITH BEARINGS REFERENCED TO TEXAS STATE PLANE COORDINATES, CENTRAL ZONE: COMMENCING at a 1/2 -inch iron rod with cap, stamped Baker Aicklen, found on the south line of Lot 1, Replat of Calcasieu Lumber Addition, recorded in Cabinet P, Slide 16, of the Williamson County Plat Records, and being at the northeast comer of Lot 1, Keiser Subdivision, recorded in Cabinet J, Slide 329 of said Plat Records, from which a 112 -inch iron rod with cap, stamped Baker Alcklen, found at the northwest comer of a 0.394 acre resolution dedicating right -of -way in a Special Warranty Deed from Hoppe Properties, LTD to the City of Round Rock as recorded in Document No. 2001073578 of the Official Public Records of Williamson County, Texas, being on the west right -of -way line of Chisholm Trail Drive (CR 173), having a 90 foot right-of-way, bears N 69 °00'12" E for a distance of 747.48 feet; THENCE with the east line of Lot 1, said Keiser Subdivision, S 20 °40'34" E for a distance of 616.52 feet to a 1/2 -inch iron rod with cap, stamped "Carter & Burgess ", set for the northwest comer of the herein described tract and the POINT OF BEGINNING; THENCE crossing said 18.389 acre tract for the following three (3) courses: 1) N 69 °19'26" E for a distance of 324.52 feet to a 1/2 -inch iron rod with cap, stamped "Carter & Burgess ", set for the northeast corner of the herein described tract; 2) S 20 °40'34" E for a distance of 199.00 feet to a 1/2 -inch iron rod with cap, stamped "Carter & Burgess ", set for an angle point; 3) S 00 °36'20" E for a distance of 80.76 feet to a 1/2 -inch iron rod with cap, stamped "Carter & Burgess ", set on the curving north right -of -way of FM 3406 (West Old Settlers Boulevard), having a varying width right-of-way, for the southeast corner of the herein described tract; THENCE with said north right-of-way of FM 3406 and the south line of the herein described tract for the following two (2) courses: 1) along the arc of a non - tangent curve to the left for a distance of 202.47 feet, said curve having a radius of 1333.24, a central angle of 8 °42'03 ", and a chord bearing S 73 °03'41" W for a distance of 202.27 feet to a 1/2 -inch iron rod with cap, stamped Baker Aicklen, found for the end of said curve; 2) S 68 °43'31" W for a distance of 94.97 feet to a 1/2 -inch iron rod with cap stamped "Carter & Burgess" set at the southeast corner of Lot 2, said Keiser Subdivision for the southwest corner of the herein described tract; THENCE leaving said right-of-way, with the east line of said Keiser Subdivision and the west line of the herein described tract, N 20 °40'34" W for a distance of 262.66 feet to the POINT OF BEGINNING and containing 1.953 acres of land, more or less. 050634 -051 PROPERTY DESCRIPTION AUGUST, 2005 Cart°rSyrgeas c o rter & Burgess, Inc. 2705 Bee Cave Road Consultants In Surveying, Suite ., 300 Austin, Texas 76746 Engineering, Architecture, Phone: 512.314.3100 Construction Management. rax: 512.326.6672 Www r— and Related Services 13 ram ,.,,,_ Page 1 of 2 0 EXHIBIT "A" CURVE TABLE CURVE C1 C2 C3 RADIUS 1333.24 1333.24 1333.24 LENGTH 705.88 83.39 202.47 'TANGENT 361.42 41.71 101.43 DELTA 3020'06" 3'35'01" 8'42'03" CHORD 697.66 83.37 202.27 CHORD BEARING 583'52'42 "W 579'12'13 "W 573'03'41"W LINE TABLE UNE L1 LENGTH 80.76 BEARING S00'36'20 "E 1 S -o7— 05 DATE 0 57' 1.953 ACRES 4 25' WATER & WASTEWATER ESMT On VOL. 1889, PG. 433 • 15' P.U.E O. VOL 1935, PC 773 O.R.W.0 • • 11.91 ACRES HOPPE PROPERTIES, LTD. 118.389 AC., SAVE 2• EXCEPT 6.060 AC.) DOCUMENT NO. 9556303 O.R.W.C. DECEMBER 13, 1995 \ N6 POINT OF BEGINNING to 9.957 ACRES r 2 POINT OF COMMENCEMENT /)\\ 15' P.U.E \ BY PLAT CAB J. 5LD W.C.P.R. LOT 1 0 0' \ tr \\ FINAL PLOT OF \\ 1F KEISER SUBDIVISION \ \CABINET .1, SLIDE 329 11 W.C.D.R. t 16.06 ACRES) LOT 1 REPLAT OF CALCASIEU LUMBER ADDITION CABINET P, SLIDE 16 15' P.U.E BY PLAT P.R.W,C. CAB L STD 390 W.C.P.R. 40' P.U.E BY PLAT CAB L. 5LD 390 W.C.P.R. Lo LOT 2 0'. A 8 - 5 6g ARERS Bp0`EN p.,¢0") 9 FM 4.0 6( Sj (t0'R0W) SCALE 1" = 200' AUGUST, 2005 CITY OF ROUND ROCK WILLIAMSON COUNTY, TEXAS LEGEND • 0 x 1 0 N 1 I = O r l � -- WOLLE LANE O 5,1 50' R.O.W. 0 F 03 C1 CHET M. GLASSCCQK REGISTERED PROFE5StONAL LAN SURVEYOR NO. 4626 — STATE OF TEXAS 050634 -051 PROPERTY DESCRIPTION AUGU50, 2005 C arter &ess, Inc. Carter��urgeds 2705 ero Burg Raa4 Suite 300 Austin. Texas 70746 Phone: 512.314.3100 Fax: 512.320.6672 ww• r -b mm Consultants in Surveying, Engineering, Architecture, Construction Management, and Related Services 1/2" IRON ROD 1W111 CAP STAMPED BAKER - AICKLEN FOUND ToDOT MONUMENT 1 /2" IRON ROD 6611N CAP STAMPED CARTER & BURGESS SET Pnnr 7 of 7