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R-89-1297 - 6/22/1989WHEREAS, the City Council has previously resolved to approve the proposed golf course construction and financing plan, and WHEREAS, the plan necessitates the acquisition of 15.25 acres of land from the Pfluger - Knebel Ranch Partnership, and WHEREAS, a contract has been prepared that provides for the purchase of said tract, and WHEREAS, the Council wishes to approve said contract, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Pfluger - Knebel Ranch Partnership for the purchase of 15.25 acres, a copy of said contract being attached hereto and incorporated herein for all purposes. RESOLVED this 22nd day of June, 1989. ATTEST: C45RESGOLF2 LAND, Cit Secretary RESOLUTION NO. / / (l, MIKE ROBINSON, Mayor City of Round Rock, Texas DATE: June 19, 1989 SUBJECT: Council Agenda, June 22, 1989 ITEM: 12B. Consider a resolution authorizing the Mayor to enter into a contract for the purchase of the Pfluger Tract. STAFF RESOURCE PERSON: Bob Bennett STAFF RECOMMENDATION: The contract for ± 15.25 acres is subject to golf course funding. The money for the land will come from golf course construction funds. STATE OF TEXAS COUNTY OF WILLIAMSON REAL ESTATE CONTRACT THIS CONTRACT OF SALE is made by and between Pfluger - Knebel Ranch Partnership, a general partnership, of Williamson County, Texas (hereinafter referred to as "Seller ") and the City of Round Rock, a home rule municipal corporation, of 221 E. Main Street, Round Rock, Williamson County, Texas 78664 (hereinafter referred to as "Purchaser "), upon the terms and conditions set forth herein. ARTICLE I PURCHASE AND SALE Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for, the tract of land containing approximately 15.25 acres of land situated in Williamson County, Texas, being depicted on Exhibit "A" attached hereto and incorporated herein by reference for all purposes, together with all and singular the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights -of -way (all of such real property, rights, and appurtenances being hereinafter referred to as the "Property "), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions hereinafter set forth. The correct legal description will be determined from the survey hereinafter provided for. Payment of Purchase Price 2.02. The Purchase Price shall be payable in cash at the closing. Additional Consideration ARTICLE II PURCHASE PRICE Amount of Purchase Price 2.01. The purchase price for the Property shall be the sum of One Hundred Fifty -Two Thousand Five Hundred And No /100 Dollars ($152,500.00). Notwithstanding the foregoing, if the survey of the 4 Property to be furnished as hereinafter provided reflects that the number of acres comprising the Property is more or less X15.25 acres, the purchase price is to be increased or decreased by the product of $10,000.00 times the number of acres of the Property more or less than 15.25. 2.03. (a) Purchaser agrees to include Seller's remaining property (approximately 84.75 acres) in its master plan for streets and utility services to provide planning for public streets and utility service to Seller's remaining property at service levels comparable to that to be provided to the general area. (b) Purchaser agrees to provide a fence on the boundary of the Property and Seller's remaining property. Within 30 days after closing Purchaser shall install a five strand barbed wire fence. Seller shall have the option to require Purchaser, at Purchaser's sole cost, to replace the barbed wire fence with a split rail fence. In addition, if at any time Seller determines a more substantial fence is required for security purposes, Seller may require Purchaser, at Purchaser's sole cost, to replace the then existing barbed wire or split rail fence with a chain link or comparable fence. Purchaser agrees to maintain all such fences at its cost. G6REALEST ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations 3.01. The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the closing). Preliminary Title Report 3.02. Within thirty (30) days after the date hereof, Purchaser at Purchaser's sole cost and expense, shall have caused the title company to issue a preliminary title report (the "Title Report ") accompanied by copies of all recorded documents relating to easements, rights -of -way, etc., affecting the Property. Purchaser shall give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Title Report that the condition of title as set forth in the Title Report is or is not satisfactory. In the event Purchaser fails to give Seller such notice, Purchaser shall be deemed to have accepted the Title Report and all matters reflected therein. In the event Purchaser so gives such notice of unacceptable conditions, Seller may, at Seller's option, undertake to eliminate or modify all the unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller chooses not or is unable to do so (Seller having no obligation to do so) within ten (10) days after receipt of such notice of objections, Purchaser by written notice to Seller within five (5) days after Seller's 10 -day cure period may, as Purchaser's sole and exclusive remedies, either (i) waive such prior objections and accept such title as Seller may be able to deliver without adjustment in the purchase price, or (ii) terminate this contract, upon which this agreement shall become null and void for all purposes and the Escrow Deposit shall be forthwith returned by the title company to Purchaser. Survey 3.03. Within thirty (30) days from the date hereof, Purchaser, at Purchaser's sole cost and expense, shall cause a current plat or survey of the Property to be prepared by a duly licensed Texas land surveyor. The survey shall be staked on the ground, and the plat shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights -of -way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. Purchaser will have ten (10) days after receipt of the survey to review and approve same. In the event any portion of the survey is unacceptable to Purchaser, then Purchaser shall within the ten (10) day period, give Seller written notice of this fact. In the event Purchaser fails to give Seller such notice, Purchaser shall be deemed to have accepted the survey and all matters reflected thereon. In the event Purchaser so gives such notice, Seller may, at Seller's option, undertake to eliminate or modify all the unacceptable portions to the reasonable satisfaction of Purchaser. In the event Seller chooses not or is unable to do so (Seller having no obligation to do so) within ten (10) days after receipt of such notice of objections, Purchaser by written notice to Seller within five (5) days after Seller's 10 -day cure period may, as Purchaser's sole and exclusive remedies, either (i) waive such prior objections and accept the Property subject to all matters reflected on the survey without adjustment in the purchase price, or (ii) terminate this contract, upon which this agreement shall become null and void for all purposes and the Escrow Deposit shall be forthwith returned by the title company to Purchaser. 2. Acceptability of Financing 3.04. Within ninety (90) days after the date hereof Purchaser shall have been able to obtain financing to purchase the described property in an amount and on terms satisfactory to Purchaser in Purchaser's sole judgment. If Purchaser has not been able to obtain satisfactory financing, then and in this event, Purchaser may, on written notice to Seller received prior to ninety (90) days from the date hereof pip terminate this agreement, and it shall be null and :wild — for all purposes and the Escrow Deposit shall be forthwith returned by the title company to Purchaser. If the written notice is not received IAA within this 90 day period, the condition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. Seller's Performance 3.05. Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this agreement to be performed, observed, and complied with by Seller prior to or as of the closing. ARTICLE IV REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing date: (1) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers; with the exception of a grazing lease which terminates on July 31, 1989. (2) Seller has received no notice that Seller has failed to comply with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof. ARTICLE V CLOSING The closing shall be held at the office of Stephan L. Sheets & Associates, 309 E. Main Street, Round Rock, Williamson County, Texas 78664, on or before September 1, 1989, or at such time, date, and place as Seller and Purchaser may agree upon (which date is herein referred to as the "closing date "). At the closing Seller shall: (1) Deliver to Purchaser a duly executed and acknowledged General Warranty Deed conveying good and marketable title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: (a) General real estate taxes for the year of closing and subsequent years not yet due and payable; (b) Restrictions that (1) the Property shall be used only as a golf course and directly related activities for a period of twenty (20) years and that for the first five (5) years after closing, such golf course shall be a public golf course; and (2) construction of such public golf course on the Property shall be commenced within two (2) years from the date of closing, and diligently and continuously pursued until completed as promptly as reasonably possible thereafter. Said restrictions shall be enforceable by all 3. available remedies, including specific performance and /or injunctive relief, and in addition, Seller shall retain an option to require Purchaser to sell and convey the Property to Seller for an amount equal to the purchase price hereunder in the event the construction of a public golf course on the Property is not so commenced and completed. (c) Any exceptions approved by Purchaser in writing or which are deemed to be approved or which have been waived by Purchaser in accordance with the provisions of Article III. (2) Deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole expense, issued by Georgetown Title Company, P.O. Box 689, Georgetown, Texas 78627, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed in Article V hereof, such other exceptions as may be approved in writing by Purchaser or which are deemed to be approved or which have been waived by Purchaser in accordance with the provisions of Article III, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy, provided, however: (a) The boundary and survey exceptions shall be deleted; (b) The exception as to restrictive covenants shall be endorsed "None of Record "; and (c) The exception as to the lien for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable ", except Purchaser shall be responsible for the payment of any "back taxes" or assessments levied against the Property as a result of the change of ownership or use of the Property; it being acknowledged that the Property is currently subject to agricultural use valuation. (3) Deliver to Purchaser possession of the property. At the closing Purchaser shall pay the cash portion of the purchase price. General real estate taxes for the then current year relating to the Property, interest on any existing indebtedness, and rents, if any, shall be prorated as of the closing date and shall be adjusted in cash at the closing. If the closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation. All special taxes or assessments to the closing date shall be paid by Seller. All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: Owner's Title Policy paid by Purchaser Survey paid by Purchaser Filing fees paid by Purchaser Attorney's fees paid by each respectively ARTICLE VI REAL ESTATE COMMISSIONS Purchaser and Seller represents to the other that it has not engaged and covenants that it will not engage any broker or finder in connection with this Contract so as to give rise to any valid claim for any brokers' or finders' fees or similar compensation. Each party further represents to the other that it has not authorized, and will not authorize, any person to act in a manner so as to give rise to any valid claim for any brokers' or finders' fees or similar compensation, and if any party or their affiliates causes any such fee to be payable, then such party shall bear such fee. 4. ARTICLE VII ESCROW DEPOSIT For the purpose of securing the performance of Purchaser under the terms and provisions of this agreement, Purchaser has delivered to Georgetown Title Company, the sum of One Thousand Dollars ($1,000.00), the Escrow Deposit, which shall be paid by the title company to Seller in the event Purchaser breaches this agreement as provided in Article IX hereof. At the closing, the Escrow Deposit shall be paid over to Seller and applied to the cash portion of the purchase price, provided, however, that in the event the Purchaser shall have given written notice to the title company that one or more of the conditions to its obligations set forth in Article III have not been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for in Article III, then the Escrow Deposit shall be forthwith returned by the title company to Purchaser. ARTICLE VIII BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may either (1) enforce specific performance of this agreement, or (2) terminate this contract, upon which the Escrow Deposit shall be forthwith returned by the title company to Purchaser, and no party shall have any further rights, duties or obligations hereunder; as Purchaser's sole and exclusive remedies hereunder, Purchaser hereby waiving any other remedies to which Purchaser may otherwise be entitled. ARTICLE IX BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to terminate this contract and receive the Escrow Deposit from the title company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this agreement, and seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. ARTICLE X MISCELLANEOUS Survival of Covenants 10.01. Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall be merged therein. Notice 10.02. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. 5. Texas Law to Apply 10.03. This contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. Parties Bound 10.04. This contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this contract. Legal Construction 10.05. In case any one or more of the provisions contained in this contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. Prior Agreements Superseded 10.06. This contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Time of Essence 10.07. Time is of the essence in this contract. Gender 10.08. Words of any gender used in this contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 10.09. Upon request of either party, both parties shall promptly execute a memorandum of this agreement suitable for filing of record. 1 % Kenneth Pfluger GiO3 _9-61 Avenue _ f1- Seattle, Washington 98122 with copy to: R. Alan Haywood Graves, Doug erty, Hearon & Moody P.O. Box-9-0 ag Austin, Texas 78767 % City Manager 221 East Main Street Round Rock, Texas 78664 with copy to: Stephan L. Sheets Stephan L. Sheets & Assoc. 309 East Main Street Round Rock, Texas 78664 Memorandum of Contract SELLER Pfluger- Knebel Ranch Partnership B y : `�� MANAG -5. PA By Zi 6. PURCHASER City of Round Rock Mike Robinson, Mayor DUA,1923 corner; £O/ZO'd t00' TT:9T 68'TT 62 W FIELD NOTES FOR PFLUGER- KNEBEL OUT TRACT BEING 15.25 ACRES OF LAND SITUATED IN THE E. W. MATTHEWS SURVEY, ABSTRACT N0. 449, IN WILLIAMSON COUNTY, TEXAS, 5AI0 LAND BEING A PORTION OF THAT CERTAIN FIRST TRACT, CALLED 640 ACRES, AS CONVEYED TO OTTO C. PFLUGER BY DEED AS RECORDED IN VOLUME 347, PAGE 574. OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at a point for reference at an iron pin found marking the Northeast corner of a 582.35 acre tract conveyed to the Ben Franklin Corporation by deed of record in Volume 1020, Page 812, of the Williamson County Deed Records, said point also being the Southeast corner of the Oak Bluff Estates - Phase 2 Subdivision, as recorded in Cabinet "F ", Slide 253, of the Williamson County Plat Records, same point being the most northerly Northwest corner of the above referenced Pfluger First Tract; THENCE, $ ll ° 59'28" W, and with an easterly line of the 582.35 acre tract, being a common line with the said Pfluger Tract, 241.09 feet to the PLACE OF BEGINNING of the herein described 15.25 acre tract; THENCE, S 44 ° 23'26" E 362.62 feet to a point for corner; THENCE, $ 12 ° 43'00" W 1,068.00 feet to a point for corner, said point being in the common line of the above reference Pfluger First Tract and the 582.35 are tract, and said point being the Southeast corner of the herein described 15.25 acre tract; THENCE, N 89 ° 17'00" W, and with said common line, 740.00 feet to an iron pin found marking the Southwest corner of this 15.25 acre tract, said point being a common interior corner of the above referenced 582.35 acre Pfluger First Tract; THENCE, N 09 ° 53'59" E, and with the common line of said tratts, 425.73 feet to a nail found marking 8 point for corner; THENCE, N 48 ° 10'52" E 766.87 feet to an iron pin found marking a point for THENCE, N 11 ° 59'28" E 369.00 feet to the PLACE OF BEGINNING and containing 15.25 acres of land. I HEREBY CERTIFY that the foregoing notes were prepared from points as found on the ground together with office calculations for the recorded documents called for in this description end are not the result of an actual survey made on the ground. They are true and correct to the best of my knowledge, this the 11th day of May, 1989. DIPPEL, ULMANN A ASSOCIATES, INC. Freddie E. Dippel, Jr. Registered Public Surveyor No. 2988 CiPPfL, LLMANN B ASSOCIATES £S60- 8Z£ —ZTS :131 J 3 U5 '' 8 GW8 0.4K SLUFF . ESTATES \ .'//AS-E.. 2 . . ` \ S - - -( CAB "F" SLIDE 253) \ \i01,)\ 15.. Esc - = - 5:(2L - do 4-. a 1 } - N % o ■:1 i �w , k i k £07£0'd T00'oN TT:9T 68'TT 6 E4 77f e BEN FRANKLIN CORPORATION vol. io20 d12 £S170- 8Z£ -ZTS :131 � u1 ''00 QWd erireapi. + ';�. , •. - : • • • THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK 1, JOANNE LAND, Assistant City Manager /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- 98- 06- 11 -12A4 which was passed and adopted by the City Council of the City of Round Rock, Texas, at a meeting held on the 11th day of June, 1998 as recorded in the minutes of the City of Round Rock in Book 38. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 29th day of June, 1998. DOC# 9 835704 O NE LAND, Assistant City Manager/ City Secretary OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS 11 ORDINANCE NO. Z"9P GYo II- / d 4 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 ZONE 84.751 ACRES OF LAND OUT OF THE E. W. MATTHEWS SURVEY, ABSTRACT NO. 449, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS INCLUDED WITHIN PLANNED UNIT DEVELOPMENT NO. 4. WHEREAS, an application has been made to the City Council of the City of Round Rock, Texas to amend the Official Zoning Map to zone 84.751 acres of land out of the E. F. Matthews Survey, Abstract No. 449, in Round Rock, Williamson County, Texas, being more fully described in Exhibit "A ", attached hereto and incorporated herein, as included within and a part of, Planned Unit Development No. 4, as previously adopted by the City Council on the 28th day of March, 1991, in Ordinance No. 1297, 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 20th day of May, 1998, following lawful publication of the notice of said public hearing, and WHEREAS, after considering the public testimony received at such hearing, the Planning and Zoning Commission has recommended that the Official Zoning Map be amended so that the property described in Exhibit "A" be zoned as a part of, and included within, Planned Unit Development No. 4, and N: YPSOOS \0MIf0u1+0 \060611A1.wP0 /cdc WHEREAS, on the llth day of June, 1998, 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, 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: That the Official Zoning Map adopted in Section 11.305(2), Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended so that the zoning classification of the property described in Exhibit "A" is hereafter made a part of, and included within Planned Unit Development No. 4. II. 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. 2. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. 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 of C (.lfY- / , 1998. Alternative 2. READ and APPROVED on first reading this the day of , 1998. READ, APPROVED and ADOPTED on second reading this the day of , 1998. ATTEST: E LAND, City Secretary CHARLES CU PACER, Mayor City of Round Rock, Texas 3. day EXHIBIT A FIELD NOTES FOR A 84.751 ACRE TRACT OF LAND: RECEIVED BEING A TRACT OR PARCEL OF LAND SITUTATED IN WILLIAMSON c PRrt2, 1998 TEXAS AND BEING OUT OF AND A PART OF THE E. W. MATTHEWS SURVEY, . ABSTRACT NO 449, AND BEING A PART OF TRACT ONE AS DESCRIB©b ROCK TO PFLUGER - KNEBEL RANCH PARTNERSHIP FROM KAREN PLiaitamtwPARTAAENT KENNETH PFLUGER, LUTHER KNEBEL, RALPH KNEBEL, MELROSE ZIMMERMAN, AND GEORGE KNEBEL, DATED JUNE 30, 1980, AND RECORDED IN VOLUME 1853, PAGE 849, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod found in the west line of that certain tract of land described as Tract V in a deed to Jo Carol McMillan from Terry H. McMillan, dated June 10, 1997, and recorded in Document No. 9739867 of the Official Records of Williamson County, Texas, for the easterly most Northeast comer of that certain tract of land described as Tract 2 in a deed to KPKM 11 Ventures, Ltd. From Forest Creek Investment, Ltd., dated April 1, 1997, and recorded in Document No. 9714652 of the Official Records of Williamson County, Texas, for the Southeast corner of the said Pfluger- Knebel tract, and for the Southeast comer and POINT OF BEGINNING of the herein described tract; THENCE with a north line of the said KPKM I1 Ventures tract, being common to the south line of the said Pfluger - Knebel tract, North 89°17'55" West, a distance of 2,500.22 feet to an iron rod found, for the Southeast corner of that certain tract of land described as Tract B, in a deed to the City of Round Rock from Round Rock Golf, Inc., dated April 19, 1995, and recorded in Volume 2709, Page 524, of the Official Records of Williamson County, Texas, and for the Southwest corner of this tract; THENCE with the east line of the said City of Round Rock Tract A, the following three (3) courses: 1 North 12 °42'09" East, a distance of 69,19 feet to an iron rod set, for an angle corner of this tract; 2 North 12 °42'36" East, a distance of 998.86 feet to an iron rod set, for an angle corner of this tract; - --- 3 North 44 °22'55" West, a distance of 362.48 feet to an iron rod set in the east line of that certain tract of land described as Tract A, in a deed to the City of Round Rock from Round Rock Golf, Inc., dated April 19, 1995, and recorded in Volume 2709, Page 524, of the Official Records of Williamson County, Texas, the same being the west line of the said Pfluger - Knebel tract, for the North corner of the said Rock Tract A, and for an angle comer of this tract; THENCE with the east line of the said City of Round Rock Tract A, the same being the west line of the said Pfluger - Knebel tract, North 12 °03'25" East, a distance of 242.97 feet to an iron rod set in the north line of the said Pfluger- Knebel tract, for the approximate Southeast corner of the Conservation Pond according to the map or plat of Oak BIutT Estates, Phase 2, a subdivision recorded in Plat Cabinet F, Slides 253 -259, of the Plat Records of Williamson County, Texas, for the Approximate Southwest corner of that certain tract of land as described in a will, dated May 8, 1972, to Hazel Schroeder, et al, Cause Number 9,459 Williamson County Probate Records, and reserving a life estate to Hazel Schroeder, and further described in a deed to Gary Louis Schroeder, et al from Hazel Schroeder, dated February 22, 1997, and recorded in Document No. 9708009, of the Official Records of Williamson County, Texas, for the Northeast corner of the said City of Round Rock Tract A, and for the Northwest corner of this tract; THENCE with the south line of the said Schroeder tract, the same being the north line of the said Pfluger- Knebel tract, following two (2) courses: 45n -SUR RECCRDERS MEMORANDUM All or parts of the text on this page was not clearly legible for sadsf tory recordation. 1. South 89 °14'0T' East, a distance of 198.52 feet to an iron rod set for an angle corner of this tract; 2. South 88 °52'0T' East, a distance of 2,291.17 feet to an iron rod found, for the Southwest corner of that certain tract of land described as Tract VI in a deed to Jo Carol McMillan from Terry H. McMillan, dated June 10, 1997, and recorded in Document No. 9739867 of the Official Records of Williamson County, Texas, for the Northwest corner of the said McMillan Tract V, for the Northeast corner of the said Pfluger- Knebel tract, and for the Northeast corner of this tract; THENCE with the west line of the said McMillan Tract V, the same being the east line of the said Pfluger- Knebel tract, South 00°48'21" West, a distance of 1,521.41 feet to the POINT OF BEGINNING, containing 84.751 acres of land, more or less. forge E. Lucas Registered Professional Land Surveyor No. 4160 State of Texas Date: March 16, 1998 File No.: 450 -sur Randall Jones Engineering, Inc. 1212 E. Braker Lane Austin, Texas 78753 150 -SUR RECORDERS MEMORANDUM All or pacts of the text on this page was not clearly legible for satisfactory recordation. 2 P.U.D. AMENDMENT APPLICATION Application No. 94-5039 FOREST CREEK PUD NO. 4 PUBLIC HEARING AND ZONING RECOMMENDATION EXHIBIT "C" DEVELOPMENT PARCEL: SCALE: CM= 0' 400' 800' PARCEL A 21 85 93 B 15 54 C 10 46 D 49 172 189 Parcel Size (Acres) Assigned L.U.E. Maximum L.U.E. 59 50 Single Family Residential X X X X Attached Residential Multi - Family Residential Limited Commercial Daycare Churches Amend. *1 Assigned LUE Changes Amend. #2 Assigned LUE Chan. es +10 P Amend. *3: Addldon of Tract T SPECIAL CONDITIONS 1 1 1 as listed below 2 3 LEGEND OF SPECIAL CONDITIONS: 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) (11) Minimum lot she Is 10,000 square feet. Note: Current amendments to Exhibit are bold and italicized. O: /Amelia/Current Planning/Exhibit D_PUD 4 E 6 24 26 4 Exhibit D Amendment F 7 59 65 X X X X X X +32 10 73 80 X X X X x +43 G H 6 7 Page 1 15 50 55 X -10 13 30 33 X -75 20 70 77 X 24 108 119 X M 48 10 168 77 185 85 X X 52 19 26 26 180 65 90 92 198 72 99 101 X X X X Lots adjacent to the northem property lines shall have a minimum lot size of 10,000 sq. ft. Lots adjacent to County Road 122 shall have a minimum lot size of 10,000 sq. ft. A maximum of two access points from this parcel to County Road 122 may be permitted. A maximum of four access points to County Road 122 may be permitted. All buildings, other than single family detached homes, shall maintain a 100 foot setback from the southem boundary of the parcel. Commercial uses shall be located adjacent to County Road 122. A buffer along the southern property line shall be provided by use of landscaping, berming, or fencing. Lots adjacent to the southern property tine shall have a minimum lot size of 10,000 sq. ft. Total impervious cover shall not exceed 80 percent of each lot. Park, subdivision amenity areas and schools are permitted uses in all development parcels. 6 21 23 X 10 36 40 X 85 200 225 X 11 CITY OF ROUND ROCK 2060/401 W.C.O.R. OAK BLUFF ESTATES 1 1 PHASE 2 •" — CONSERVATION POND • CITY OF ROU 1853/855 UNE FABLE UNE 1 DIRECTION 1 DISTANCE L F N7742'09"E 69.19• L2 589'14'07"E 198.52' 589'13'E 198.54' (13) 02 100 TEAR 16000 P PER i1NA YAP 3P98008A1E 0S 01079 E0510047 170/833 0.1.1.4. 8 A. 1 - ✓89 "W 2500.22' Danny) m TNU FN.. 1X1.•0 ATNmAN mom Arco 88,04 A• a, max HAZEL SCHROEDER, et al A 84.751 ACRE TRACT OF LAND OUT OF THE E. W. MATTHEWS SURVEY, ABSTRACT N0. 449, W CAUSE NO. 9.459 PROBATE RECORDS RILLWASON COUNTY, TEXAS. AND BEING PART OF TRACT ONE. IN A DEED 10 PFWCER-NNEBEL RANCH PARTNERSHIP. RECORDED IN VOLUME 1853. PAGE 549, OF THE OFFICIAL RECORDS OF WILIAMSON _ GARY LOUIS SCHROEDER, el al comm. 1Exws DOC. NO 9708009 W.C.O.R. —• - E (� J i — I O \ VI � l DOC. Na 9739867 W.C.O.R j (5085*1 224,4.3 52'O7'E 2297.1)' 5 G E 5 PONT OF 84811•4111 SO 53/540 1600181 CUNE.A W 02F011 . KPKIA II VENTURES, LTD. CITY OF ROUND ROCK 2060/401 W.C.O.R. TRACT 2 /", , -- -. DOC. N0. 9714652 W.C.O.R. / • - -- �_-- �� \\ \ KPKM 11 VENTURES, LTD. "\ %. TRACT 1 ■ ■ DOC. NO. 9714652 W.C.O.R. J.F.9040_ •= IRON R013 FOUND o - IRON R00 SET •- FENCE (*NNW NOTES: 04.7 -NOSE IAYIENR US= N IOW • COMM' 1116 411 RTE OOYIMWT O.F. N0. 99-300. O1RD 1m01AAY 12, 1990. NO ROAMED IMO IOW DOWAIFD 110 ODER FMS ma 9.4647 O. 911_ FA.ERT RESEARCH WAS PEIf0101010 Of UMW. 11PRO411011 PEW NO 1 PO OFD I 4 10)1811 46 PACE W. am 9OMS OF MAW. 0011T0. 10543 /(OOCS *MY 199 TRACT) O EC19C O61T511104 MO 109111E TALON C ARRO 10 100 P01101 • 1.011 CDIPAN2, REMIND N VIM NS, PAM 011, MO RECORDS OF 1WYyDN 101110. 00011 DOGS AFFECT 11S IRAC1, MAKE A LOCATE) CAM MAR 16, 1998 SCALE: 1" =400' RANDALL JONES ENGINEERING, INC. ENGINEERING PANNING SURVEYING 1212 E. BRAKER (ARE AUSTIN, TEXAS 78753 512 836 -4793 OUT F CITY Forest Creek PUD Addition 84.751 Acres Annexation OUT OF CITY CADE6KTOKANGEWOR70910.0RW Doc# 9835704 # Pages: 11 Date : 06 -30 -1998 Time : 11:40:33 A.M. Filed & Recorded in Official Records of WILLIAMSON County, TX. NANCY E. RISTER COUNTY CLERK Rec. $ 29.00 UDU OFrr This RECORDED �m*wasfltpand stampe motion. , rRai tly dr6a aand tlma %%a n on county, teas ktikuvro CITY OF ROUND ROOK ADMINISTRATION 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664