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Z-06-11-21-9B2 - 11/21/2006ORDINANCE NO. Z"040" 1 I _a I - q6 L AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO ORIGINALLY ZONE 27.5 ACRES OF LAND, LOCATED WEST OF RED BUD LANE AND NORTH OF GATTIS SCHOOL ROAD, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS PLANNED UNIT DEVELOPMENT (PUD) NO. 69. WHEREAS, the City of Round Rock, Texas has recently annexed 27.5 acres of land, located west of Red Bud Lane and north of Gattis School Road, in Round Rock, Williamson County, Texas, being more fully described in Exhibit "A" (the "Property"), attached hereto and incorporated herein, and WHEREAS, the Planning and Zoning Commission held public hearings concerning the original zoning of the Property on the 20th day of September, 2006, and on the 25th day of October, 2006, following lawful publication of the notice of said public hearings, and WHEREAS, after considering the public testimony received at such hearings, the Planning and Zoning Commission has recommended that the Official Zoning Map be amended so that the Property in Exhibit "A" be originally zoned as Planned Unit Development (PUD) No. 69, and WHEREAS, on the 21st day of November, 2006, after proper notification, the City Council held a public hearing on the proposed original zoning, and @PPDesktop\::OD14A/WORLDOX/O:/WDOX/ORDINANC/061121B2.WPD/rm, Original Zoning Ordinance 6106 V e 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 CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That the City Council has hereby determined the Planned Unit Development (PUD) No. 69 meets the following goals and objectives: (1) The development in PUD No. 69 is equal to or superior to development that would occur under the standard ordinance requirements. (2) P.U.D. No. 69 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) P.U.D. No. 69 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. 69 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. 69 will be constructed, arranged and maintained so as not to dominate, by scale and massing of structures, the immediate neighboring properties or interfere with their development or use in accordance with any existing zoning district. 2 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. 69, and that the Mayor is hereby authorized and directed to enter into the Development Plan for PUD No. 69 attached hereto as Exhibit "B", which agreement shall govern the development and use of said property. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. 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 al day of TL=L2006. Alternative 2. READ and APPROVED on first reading this the day of , 2006. READ, APPROVED and ADOPTED on second reading this the day of 2006. _ 40r NYL L , ayor City of Roun Rock, Texas ATTEST: -NW& CHRISTINE R. MARTINEZ, City Secre ry 4 EXHIBIT a "All ll DESCRIPTION OF PROPERTY The Property consists of Tracts 1, 2, 3, 4, 5, 6, 7, S, 9,11 and 12 of the unrecorded subdivision of Highland Terrace, as more particularly described in the following field notes. TRACT 1 21litits "A" SIN 2.4626 sore& of land is the Joseph Marshall Survey, Abstract 'No. 409, b Milliamsoa County. Teras, and bei»`` Lot 1 out of tiw South 30.00 &oras of a 76,00 acre trhot of lag' coaveped by deed dated May 16, 1947 ftOM Paul T. Drown and Me !'lassie Sroun to M. N. heaaas Dad Nits Vers Msurba Freegeo, of record in Volume 343, Pate 229 of thi Deed Meords of said Cougtr and state, wore Particularly described as foliws: >150VMM at an iron pin set in the South boundary line of said Marshall *U�ft7 Marring the Southwest corner of said Lot 1, said POtAt also being the Southwest corner of said 30.00 sere tract Dad the Southwest corner of said 76.00 sere tract, said point bear& Mr, 659.31 feat from the southeast corner of said Marshall why; WIME, with the fence &lank the' Wast boundary lint of said 30.00 acre tract, q 00• l$# 00" W, 252.96 feet to an iron pin set for the Mnrthwest•corner hereof, said point also being the Southwest comer of Lot 3 of said 30.00 acre tract; THENCE, leaving amid West line and continuing along the North boundary line hereof, S 89' 551 00" E, 428.88 feet to an Iran pin set for the Morthenst corner hereof, raid point also being the couanon corner of Lots 1, 2, 3, and -4 of said 30.00 acre tract; TRUCE' along the common lxwndary lin(' of Lots 1 and 2 of said 30.00 more tract, 5 00' 05' 00" W, 252.34 feet to an iron pin net on the South boundary line of said 30.00 acre tract for the Southeast corner hereof, Solt point also l,eing the Southwest corner of Lot 2 of said 30.00 a<.re tract; TllZW9j leaving the East botmdary line hereof, WY -%T, 427.18 feet to the POINT OF arzINNImc, contninbilt 2.4826 acres of land more or less. 1 o Q � � •j r� •+„ ' r o C U 14 U h r3 0 q G� C bo i� try 'r s TRACT 1 21litits "A" SIN 2.4626 sore& of land is the Joseph Marshall Survey, Abstract 'No. 409, b Milliamsoa County. Teras, and bei»`` Lot 1 out of tiw South 30.00 &oras of a 76,00 acre trhot of lag' coaveped by deed dated May 16, 1947 ftOM Paul T. Drown and Me !'lassie Sroun to M. N. heaaas Dad Nits Vers Msurba Freegeo, of record in Volume 343, Pate 229 of thi Deed Meords of said Cougtr and state, wore Particularly described as foliws: >150VMM at an iron pin set in the South boundary line of said Marshall *U�ft7 Marring the Southwest corner of said Lot 1, said POtAt also being the Southwest corner of said 30.00 sere tract Dad the Southwest corner of said 76.00 sere tract, said point bear& Mr, 659.31 feat from the southeast corner of said Marshall why; WIME, with the fence &lank the' Wast boundary lint of said 30.00 acre tract, q 00• l$# 00" W, 252.96 feet to an iron pin set for the Mnrthwest•corner hereof, said point also being the Southwest comer of Lot 3 of said 30.00 acre tract; THENCE, leaving amid West line and continuing along the North boundary line hereof, S 89' 551 00" E, 428.88 feet to an Iran pin set for the Morthenst corner hereof, raid point also being the couanon corner of Lots 1, 2, 3, and -4 of said 30.00 acre tract; TRUCE' along the common lxwndary lin(' of Lots 1 and 2 of said 30.00 more tract, 5 00' 05' 00" W, 252.34 feet to an iron pin net on the South boundary line of said 30.00 acre tract for the Southeast corner hereof, Solt point also l,eing the Southwest corner of Lot 2 of said 30.00 a<.re tract; TllZW9j leaving the East botmdary line hereof, WY -%T, 427.18 feet to the POINT OF arzINNImc, contninbilt 2.4826 acres of land more or less. 1 TRACT 2 OLIMPAA16 c .. ;•j SURVEY NO. 89005 '.' 2.500 ACRES BEING 2.500 ACRES OP LAND OUT OP THE JOSEPH HARSNAii, SU ABSTRACT HO. 409, SITUATED IH NILLIAMSON LOT 2 OP HIGHLAND TERRACE, AN UNRECORDED I{t BDSI BRVEY RING BEING ALL OF ND THAT CERTAIN 2.500 ACRE TRACT OP LAND CALLED E TRACT 1 DESCRIBED IN VOLUME 855, PAGE 340, WILLIAMSON COUNTY DEED C , SAID 2. 500 PARTICULARLY DE CRIBED BY METES AND BOUNDS AS FOL OW MORE ' BEGINNING at an iron rod found do the west right-of-way line Of County_ Road No. 122, being the -southeast corner of the • said Lot 2, for the southeast corner hereofr } } THENCE, with the south line of the said Lot 2, N89•57'22"E, 432.18 feet to an iron rod found at the southwest corner of said Lot 2, being the southeast corner of Lot 1, for the southwest corner hereof,- THENCE, ereof,THENCE, with the west line of said Lot 2, N00'05'33"E, at '. 227.15 feet passing an iron rod found, continuing 05' in all, A total of 252.22 feet to an iron rod found at the northwest corner of said Lot 2, being the southwest corner of Lot 4, for the northwest corner hereof; THENCE, with the north line of said Lot 2, being the south line of said Lot 4, S89.53143"E, 432.14 feet to an iron rod found northe northeast west cornerline of (said the Lotd 2 bey southeastoa he ° the �• corner of said Lot 4, for the northeast corner hereof; THENCE, with the west line of the said County Road No. 122, SO0.05'000w, at 24.83 feet passing an iron rod found, continuing on, in all, a total of 251.76 feet to the PLACE OF BEGINNING, containing 2.500 acres of land, more or less. CRYMP&W ENGINEERING, INC. Paul L. Easley, Regist ed Public Surveyor No. 4432 QOUNTi'OF b'+adxlstoa dub'ttEC0A0f D. lb IMedge Yaluine b kelt, °SIV AK on s , CA • • . • . , . ��ISOM COUNIY,IEXA3 Date I® TRACT 3 EXHIBIT "A" BEING A 2,487 ACRE TRACT OF LAND OUT OF THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409 IN WILLIAMSON COUNTY, TEXAS, BEING KNOWN AS LOT 3 OF HIGHLAND TERRACE, AN UNRECORDED SUBDIVISION IN WILLIAMSON COUNTY. SAID LOT 3 BEING THE SAME TRACT OF LAND CONVEYED TO KErM AND LESLIE PETERSON AS RECORDED IN VOLUME 2703, PAGE 297 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at a 3/8" iron rod found for to Southeast corner of dhc heroin described trace, being the Southeast corner of Said Lot 3 and the common West corner of Lots 1 and 4, same being on the centerline of the West line of a 50' access casement as described in Volume 855, Page 340, Decd Records of Williamson County, Testas, and from which the intersection of the centerline of said access easenhent with leu West line of County Road No. 122 bears, S 89°55'00"E. 432.13 foci; THENCE N 89055.00"W (BEARING BASIS) along the common line bethvecn to herein described tract and Lot I of said Highland Terrace unrecorded subdivision for a distance of 428.73 feet to a 3/8" iron rod found on the East line of that certain J. Lawrence Berkman tract recorded in Volume 465. Page 308, Decd Records of Williamson County, for the Southwest comer of the herein described tract: THENCE N 00°21'31"W along the common Linc bethveen said Bcdmian tract and the herein described tract for a distance of 252.18 feet to a %x" iron rod found for the Northwest corner of hereof, same being the Southwest corner of Lot 5 of said Highland Terrace as conveyed to M.D. Clark in Volume 2513, Page 775, Official Records of Willianson County, Texas; THENCE S 89°54'44"E (BEARING BASIS) along (he common line between said Lot 5 and the herein described tract for a distance of 430.46 foci to a Y." iron rod found for the Northeast coeur hereof, same being the Northwest of the aforementioned Lot 4, Highland Terrace, as conveved to M.D. Clark, recorded in Volume 2154, Page 7881 of the Official Records of Williamson County, Texas; THENCE S 00°02'05"W along the comnhon line between Lot 4 and the herein described tract, passing a %x" iron rod found at the Northwest corner of said 50' access easenheni a distance of 226.95' feet and continuing for a total distance of 252.14 feet to the POINT OF BEGINNING of the herein described tract and containing 2.487 acrds of land cool-STON & Assoc. SURVEYING & MAPPING Wag Hilt lane. Suite I10. Ptluperville Tcxa, 7866 Office: (5 12 )252-9717 - FA X: (5 12) 25? 1ISI h Renktwred Professional Land Surveyor. No. 4733 TRACT 4 2.50 acres of laud being that same property granted to Morris D. Clark and recorded in Volume 2154, Page 788, Official Public Records of Williamson County, Texas, said property is refer ed to in the Clark Deed as. "sometimes known as Lot 4 Highland Terrace an unrecorded, subdivision in Williamson County, Texas" said of2.4 acres being more particularly described by metes and bounds as follows: BEGINNING -at a y" iron rod found at the southwest comer of the Clark property, said rod is a common corner the Carlin tract (V.1747 P. 414), the Rasafar and Leo tract. (Doc. 20033015931) and the Sohns tract (Doc. 9806771), same being the Southwest comer of the herein described tract and the P.O.B. hereof THENCE, along the dividing line of the Clark and Sohns tracts N 00' 0512711 E, (bearing basis) 252.05 ft. to a W iron rod found at the common corner of said tracts, same being a common corner of two other Morris D. Clark tracts (both recorded in V. 2153 Pg, 775), for the Northwest corner hereof THENCE, along the North line of the herein described tract, S 89' 42'021, E, 432.13 ft. to the Northeast corner hereof (no monument recovered) being on the West r -o -w line of Red Bud Lane, and from which a %' capped iron rod found as a witness to the Northeast corner bears N 89' 42102- W, 38.19 ft. THENCE along the East line at the herein described tract and the West r -o -w line of Red Bud Lane, S 00° 05' 25" W, 250.55 ft., to the Southeast corner hereof (no monument recovered), and from which a %i" capped iron rod found as a witness to the Southeast corner bears, N 89' 54' 00" W, 36.28 ft. THENCE, along the dividing fine of the above said Clark and Carlin tracts, N 89' 54' 00" W, 432.13 ft. to the P.O.B. TRACT 5 BEING 2.4958 acres of land in the Joseph Marshall Survey, Abstract No. 409, in Williamson County, Texas, and being Lot 5 out of the South 30.00 acres of a 76.00 acre tract of land conveyed by deed dated May 16, 1947 from Paul T. Brown and wife, Flossie Brown, to M. H. Freeman and wife, Vera Maurine Freeman, of record in Volume 343, Page 229 of the Deed Records of said County and State, more particularly described as follows: BEGINNING at an iron pin in the West boundary line of said 30.00.acre tract and the West boundary line of said 76.00 acre tract marking the Southwest corner of said Lot 5, said point bears WEST, 859.31 feet and N 00' 18'00" W, 504.98 feet from the Southeast corner of said survey' THENCE, with the fence along the West boundary line of said 30.00 acre tract and the West boundary line of said 76.00 acre tract, N 00' 18'00" W, 252.02 feet to an iron pin set for the Northwest corner hereof, said point also being the Southwest corner of Lot 7 of said 30.00 acre tract; THENCE, leaving the West boundary hereof, and continuing along the common boundary line of Lots 5 and 7, S 89' 55'00" E, 432.25 feet to an iron pin for the Northeast comer hereof, said point also being the common corner of Lots 5, 6, 7 and 8 of said 30.00 acre tract; THENCE, along a common boundary line of Lots 5 and 6, S 00' 05'00" W, 252.01 feet to an iron pin for the Southeast comer hereof, said point also being the common corner of Lots 3, 4, 5 and 6; THENCE, along the common boundary line of Lots 5 and 3, N 89' 55'00" W, 430.56 feet to the POINT OF BEGINNING, containing 2.4958 acres of land more or less. TRACT 6 BEING 2.50 acres of land in the Joseph Marshall Survey, • Abstract No. 409 in Williamson County, Texas, being Lot 6 out of the South 30.00 acres of a 76.00 we tract of land conveyed by deed dated May 16, 1947, from Paul T. Brown and wife, Flossie Brown, to M. H. Freeman and wife, Vera Maurine Freeman, of record in Volume 343, Page 229 of the Deed Records of said County and State, more particularly described as follows: BEGINNING at an iron pin found in the west Right-of-way line of County Road 122, also being on the East boundary of said 30.00 acre tract, said point bears N 00' 05' 00" E, 755.73 feet from the common Southeast comer of said 30.00 acre tract, said 76.00 acre tract and said survey for the Northeast corner hereof, said Point B, said Point also being the center line of a 50.00 foot wide easement; THENCE, with the common But line of said 30.00 acre tract, said 76.00 acre tract and said survey, said line also being the West Right-of-way line of said County road, S 00'05' 00" W at 25.00 feet pass an iron pin set for the Southeast corner of a 50.00 foot wide easement, 252.40 feet to Point A, being an iron pier set for the Southeast corner of said lot, said point also being the Northeast corner of Lot 4; THENCE, leaving said line and continuing with the common boundary line of Lots 4 and 6, N 89' 55' 00" W at 15.00 feet pass the Easterly line -of a 15.00 foot wide easement described below, 432.13 feet to an iron pin set marking the Southwest corner hereof, said point also being the common corner of Lots 3, 4, 5, and 6; THENCE, leaving said line and continuing with the common boundary line of Lot 5 and Lot 6, N 00' 05'00" E, at 227.01 feet pass the Southwest comer of said 50.00 foot wide easement, 252.01 feet to an iron pin set for the Northwest corner hereof, said point also being the center line of said 50.00 foot wide easement, said point also being the common comer of Lots 5, 6, 7 and 8; THENCE, leaving said line and continuing with the common boundary line of Lot 6 and Lot 8, N 89' 55'00" E, at 417.00 feet pass the Easterly line of said 15.00 foot wide easement, 432.13 feet to the POINT OF BEGINNING, containing 2.50 acres of land more or less, (the -property). TRACT 7 val 918ra 678 z3ZIBI ' •a's TRACT 1, 2E1OG 2.5055 acres of land in the Joseph Marshall Survey, Abstract No. 409 in Williamson County, Texas, and being Lot 7 out of the South 30.00 acres of a 76.00 acre tract of land conveyed by deed dated May 16, 1947 from Paul T. Brown and wife, Flossie Brown to M. H. Freeman and wife, Vera Maurline Freeman, of record in Volume 343, Page 229 of the Deed Records of amid County and State, more particularly described as follows, BEG=NNING at an iron pin in the West boundary line of said 30.00 acre tract and the West boundary line of said 76.00 acre tract marking the Southwest corner of said Lot 7, said point bears WEST, 859.31 feet and N 00• 18' 00' W, 757.00 feet from the Southeast corner of said survey l THZNC1, with the fence along the West .boundary line of said 30.00 acre tract and the West boundary line of said 76.00 acre tract N 00' 19' 00• W, 252.02 feet to an iron pia set for the Northwest corner hereof; said point also being the Southwest corner of Lot 9 of said! 30.00 acre tracts THRICE, leaving said West boundary line hereof and continuing' along the common boundary line of Lots 7 and 9, 8 89. 55' 00" E, 433.93 feet to an iron pin set for the Northeast corner hereof, said point also being the common corner of Lots 7, 8, 9, and 10. of said 30.00 acre tract] THENCE, along the common boundary line of Lots 7 and 8, S 000 05' 00' N, 252.01 feet to an iron pin for the Southeast corner hereof, said point also being the common corner of Lots 5, 6, 7,. and 8 of said 30.00 acre tract; THENCE, along the common boundary lines of Lots 7 and 5, N 89' 55' 00' N, 432.25 feet to the POINT OF BEGINNING,. containing 2.5055 acres of land more or less. TOGETHER WITH THE FOLLOWING DESCRIBED EASEMENT FOR PREF EGRESS AND INGRESS SHALL CONSTITUTE AN APPURTENANCE TO THE SAID PROPERTY HEREIN DESCRIBED, SUCH EASEMENT AND ROADWAY BEING PARTICULARLY DESCRIBED BY METES AND -BOUNDS AS FOLLOWS, V TRACTS BEING 2,50 acres of land in the Joseph.Marshall Survey, Abstract No. 409 in Williamson County, Texas, being further described as Lot 8 out of the South 30.00 acres of a 76.00 acre tract of lapd coneyed'by deed dated May 16, 1947, from Paul T. Brown and wife Flossie Brown to M. H. Freeman and wife Vera Maurine Freeman, recorded in Volume 343, page 229, Deed Records of said County and State, more particularly described as follower lineofCountynR ad 1221,n alsonbeingthe on the Easthboundary of said 30.00 acre tract, said point bears N 00. 05' 00' E, 1007.74 feet from the common southeast corner of said 30.00 acre tract, said 76.00 acre tract and said survey, for the Northeast corner hereoft Cract,, said 76.00 CP agg er tract and said survey,30.00 i id line 8100 6 05� 00 a iWleat 287!.01 feet pass an iron . pin sot rood. the Northeast corner of a 50.00 foot wide easement, 252,40 feet to Point A, being an iron pin set for the. Southeast corner of said lot, said point also being the Northeast corner of Lot..6 and the center line ofsai.'d eassmentr THENCE, llinenofaLot 6line andaft Locontinuing 8 tialsogbeing the center lifie of said easement, N 89! 55' 00" W at 15.00 feet pass the Easterly line* of a 15AD foot wide easement described below, 432.13 feet to an iron pin set rki h terminus of said 50.00 foot easement, the cnognmoi►ecornerrof Lots -5, 6, 7, and 8 for the Southwest corner hereofr. THENCE, leaving said lied and continuing with the common boundary line of Lots 7 and 8. N 00. 05' 00" E.at-25.00:: feet pass the Northwest corner of said 50.00 foot tag te' aryline2oflLote8 andaLotr10 pin fnsaid 3040 acre i the Northwest corner hereofr THENCE leaving said line and continuing with the common North boundary .line of Lot 8 and Lot 10, S 89. 55' 00" E }` at 417.13 feet pass the Westerly .line of said. 15.00 foot.. - easement, 432.13 feet to the, POINT OF BEGINNING, contain- ing 2.50 acres of land more or less. TRACT 9 voL, 2364PAGE 276 j EXHIBIT "A" TINCT It df7N0 2.5153 ACRES OF LA!ilt 10 THE JOSEPH NANSHALL.S41(1'E)', MISUACT`n(+, •;! 409 FRC 1n WILL1M'S011 COUNTY. TELAS, AYD DEM LOT .9 Ol'T OF TIIE: c(q'I'll,J i,.(tip FCRES OFA J6.OU ACRE TRACT OF LAND CU!t1'CYEIt lt)' •DL'ED DATLI+ IV,) .),h, 19-.7 FROM FALL T. DP.OICN AND W1FE, rLUScIE r'1:(jt;lt TO !;, )1• FI(Clt;i( AMI I:11'1:, YEF�A `V.Uk1NC CFUI(, Or RCC0k11 11: VOLUME 343, TACE 229 OF 71rG,i�l;lit, ACmin OF SAID COUNTY A!:11 STATE, )1O1.E I'hkTIC('Lhla)' UCfCF:)1ii►;;F 'iq,l.(`.'�'; ELCIltlilnC at an iron pin in the West cruet and boundarp line o! $aid ?0,(o(i t:rry thb West boundary line of $bid MOD acre tract ar;; ,ainu the, southwest corner of sold Lot 9, said oint beam Kest, 659,3) fact ate 00' 1 S 00" W, l009.02 feet from thepSoutheast corner of slid furvt•r; THENCE, Kith the fence along the West boundary line of said 30.(.(' acre tract and the best boundary line of said 76.0U acre tract, N (i(i'' 18, 00" V. 252.02 Pett to an Iron pin set for the Horthwest corntr hereof, said point also being the Southwest corner of Lot 11 of said .0.{.0 acre tract; THENCE. leaving said West boundary line hereof and continuing aler,F the tosmon boundary line of Lots 9 and 11, S 69` 55' 00" F. 435.62 feet to an iron pin set for t),e northeast corner llercof,,seld point also being the common corner of Lots 9, 10, 11 and 12 of said 30.00 acre tract; TV. FEKCE, zlong the cc= -:on boundary lineof Lots 9 end )0, s 00' US' OS" point'alsofbeingothe ce noncorner ofrLots jouehe9sendcrner hercu!, r.a'-d acre tract; of laic 3U.{�G VIr.E433. along the common boundary line of Lots 9 and 7, Ey' 55` OU, - . 433.93 feet to the POINT OF EEC1n!ZII:C, containing 2.5153 acres of land gore or less. ID 2a�v TRACT II 09 U&T 4UUM MWt Olt rAMM (W LAM OU r OF Alia A PAW MANS" #URM ASMACr K fid►• WMATM W •LjA.#ACl�dOpd� M � Ill MID W Ods' LAW MM O1m>rAD'1lCr14AALY C4N� A1R M ALL Oar =AT !;'MANN MUM a LAM CONVXM HY • AIrAR 47M"T ANo C V 1b 1'Y11.i W AC=W M= Ally MMA >Fu a T"T t=UW WA=iA M =WRRC,�p�p nr Val o V, PA , WoWOM$ or 1IPA.LiA>ji/ON COtlx!'Yt =M% Me TYAM Cdr LAM ION • As 0 = OW LAM IMM IMT Cim I By AIDM AND M0.atauio **w dlatM%t%WQf* dot:t k2PA3 a000t000tol:madaaeanyedw L Lawes H«lQ M 6Y dad at NOW is V46M 44% hp M of acid Dad lteoo* at *8 ftdwjo aomw otmM Mit ftM ee "M sad V# d Voa tb V004 oft b ft tie ft, 61 1! aoemt oltirs>>aali 30 aoeee e[tbae eea�tiM 7r6 t�ao haat oars to lit, dL l�trinea awt Yapt Fide�wa C by Dad i m m s ei k vdmo M Por M% Dai ilrto0 & a[ "ft"w Coo*. Tags, for ft o Nalia�t oaaartt�d � FOitif T Oi< 1gMQ dtie bear(a deeaMiell � `� p �. �'! '� Sodowtt the Nacdt iioe of am sea tarot n how and a w woa rise ft I'D MORiadwaibo Kt6s aitwa ma cow atidd tntda+b (D —81 � 1MliertLeeotoaoerai'B ' 231.YI iot ODOM flow* hw at IPFUM SAMboalt Sado tract >bitoad a1r! A� � ld E . oomwfto of a 5a Noa•aaaoiorite tmd 0, 04ioitd 3tooai at'WiA�raaa,t . ���� Baba�t a/'reenrd i Ydaete !►7Z hp Z49. CowmW � & do 9006" oaatrafft—eiadaa. `° teresE. � Nd9'33'Oo"111. tbbraiq� 160 80016 � a[a�id Srddt rapt, a !raved a.d awdtipow tete � � d • ,>�, 43s�� �+ec s, as iron �%aed � � B.t Ifae atasd 207.49 arca >�, sc tete aPpaernt SaaibM.rc . came of MW Sol& bbw, a iw, @d sad WW Vm ie rem, iii do Soma w * oaaaotwolisw.daiodbedb„a, . ��.• • • DaaM sad rind 1b4 o09a0a h1 ct aid 8d9t a0d "ii tdg a W140 �, *d to da PMT or . _ AOa� � 2.521 aM0!liai�liFRp0ed1� >it0tnapet aid Rww.4w4y m daaW in bpi IL ~, ' • f� go,. Sails ' Aoff T#Am% 74X6 OM 347950! Fitrc (! 347`9310 — g. TRACT 12 NSA 0 i 0L 1065 PAGE 898 E UBIT "A" �.. . BEING 2.50 acres of land in the Joseph Marshall Survey, Abstract No. 409 in I Willison County, Texas, i portion of 541� being further described as Lot 12 out of the Northeast dated May 1 , 1So h 30.00 a res f a 76.00 acre tract of lard conveyed by. peed " wife, Vera Maurine Fr Brown and wife, Flossie Brown to M.H. Freenan and County and $tate, more n' recorded in Volme 343, Page 229, Deed Records of said iparticularly described as follows. BWINNM at an iron Pin found in the West Right-of-way line of County Road 122, also being the Northeast, corner of said 30.00 acre tract, said point bears ; N act, said,; 1512.15 feet from the oxnson Southeast corner of said 30.00 acre Fact, said; 76.00 acre tract and said survey, for the Northeast corner hereof; ani , with the Om mn Fast line of said 30.00 acre tract, said 76.00 acre tract, said suivey,„Ric�htrof-way line of said County said line also being the West Road, S 00o 05 00 W at 227.40 feet Pass an iron Pun set for the Northeast corner of a 50.00 foot wide easement, 252.40 feet to Point A be the Southeast corner of said Lot, said point also ' he an iron pin set for Lot 10 and the center line of said easement; the Northwest corner of TEM'C E, leaving said line and continuing and Lot 12, 'also being the � ice' of said easwith the �netTlent boundary 1� of rot to feet Pass the Easterly line of a 15.00 foot wide easm�eat desaibe� be aw,1432013 feet to an iron Pin set marks the °mon corner of Lots 9, 10, ng and Eaor the sterly us of said easeTlent and the Southwest corner hereof; leaving said line and continuing with the and 12, N 00°05'00" E at 25.00 feet pass camon boundary line of Lots 11 I easement 251.69 feet to an iron the Northwest corner of said 50.00 foot 30.00 acre tract for the Northwest corner hereof; on N0 r1Y boundary line of said TEEXE, leaving said line and Lot 12 and said 30.00 acre tract, NtN uing 899o*59120" EE,att 417.13feetp� line of er Line of said'15.00 foot easement, 432.13 feet to the POW OF eD�s the Easterly 2.50 acres of lan9, more or less., containing r I DEVELOPMENT PLAN HIGHLAND TERRACE PUD PLANNED UNIT DEVELOPMENT NO. 69 THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS DEVELOPMENT PLAN (this "Plan") is adopted by the CITY OF ROUND ROCK, TEXAS (hereinafter referred to as the "City"). For purposes of this Plan, the term Owner shall mean Allen Rasafar and J Yeo Sook, Robert and Sophia Carlin, Richard and Susan Sohns, Robert Bunnell, Kay Kitts, Jose and Leticia Toscano, and Billy and Sharon Arimes, their respective successors and assigns; provided, however, upon sale, transfer or conveyance of portions of the hereinafter described property, the duties and obligations of the Owner, as it relates to the respective property, shall be assumed by the new owner, and the Owner shall have no further liability relating to their respective property. WHEREAS, the Owner is the owner of certain real property consisting of approximately 27.5 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 Development Standards setting forth the development conditions and requirements within the PUD, which Development Standards are contained in Section II of this Plan; 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 September 20, 2006, 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 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: IN GENERAL PROVISIONS 1. CONFORMITY WITH DEVELOPMENT STANDARDS That all uses and development within the Property shall conform to the Development Standards included in Section II herein. 2. CHANGES AND MODIFICATIONS No changes or modifications will be made to this Plan unless all provisions pertaining to changes or modifications as stated in Section II.13 below are followed. 3. ZONING VIOLATION Owner understands that any person, firm, corporation or other entity violating any conditions or terms of the 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. MISCELLANEOUS PROVISIONS 4.1 Severability In case one or more provisions contained of this Plan are deemed invalid, illegal or unenforceable in any respect such invalidity, illegality or unenforceability shall not affect any other provisions of this Plan and in such event, this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained in this Plan. 4.2 Venue All obligations of the parties created hereunder are performable in Williamson County, Texas, and venue for any action shall be in Williamson County. 4.3 Effective Date This Plan shall be effective from and after the date of approval by the City Council. -2- II. DEVELOPMENT STANDARDS 1. DEFINITIONS Words and terms used herein shall have their usual force and meaning, or as defined in the Code of Ordinances (1995 Edition) as amended, City of Round Rock, Texas, hereinafter referred to as "the Code." 2. PROPERTY This Plan covers approximately 27.5 acres of land, located within the city limits of Round Rock, Texas, and more particularly described in Exhibit "A". 3. DEVELOPMENT PARCELS For the purpose of assigning land use and development standards, the Property has been divided into development parcels, as shown in Exhibit "B". 4. PURPOSE The purpose of this Plan is to ensure a PUD that 1) is equal to or superior to development that would occur under the standard ordinance requirements, 2) is in harmony with the General Plan, as amended, 3) does not have an undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and welfare, 4) is adequately provisioned by essential public facilities and services, and 5) will be developed and maintained so as not to dominate, by scale or massing of structures, the immediate neighboring properties or interfere with their development or use in accordance with any existing zoning district. 5. APPLICABILITY OF CITY ORDINANCES 5.1 Zoning and Subdivision Ordinances The Property shall be regulated for purposes of zoning and subdivision by this Plan. All aspects not specifically covered by this Plan shall be regulated by applicable sections of the Code. If there is a conflict between this Plan and the Code, this Plan shall supersede the specific conflicting provisions of the Code. -3- 5.2 Other Ordinances All other Ordinances within the Code shall apply to the Property, except as clearly modified by this Plan. In the event of a conflict, the terms of this Plan shall control. 6. PERMITTED USES 6.1 Parcell Office uses and Medical Office uses with no emergency medical services are permitted in Parcel 1. Warehouse Facilities and Outdoor Storage are prohibited. 6.2 Parcel All uses permitted in the OF (Office) zoning district are permitted in Parcel 2. 6.3 Parcel All uses permitted in the C-2 (Local Commercial) zoning district are permitted in Parcel 3 except for those uses listed in Section 7, below, which are specifically prohibited. 7. PROHIBITED USES FOR PARCEL 3 • Automotive & machinery repair • Automotive & machinery services • Automotive & machinery washes • Automotive parts sales (as a primary use) • Automotive rental • Automotive sales • Billiard parlors & pool halls (as a primary use) • Boat sales (as a primary use) • Bulk distribution centers (provided that this shall not prohibit warehouse use that is ancillary to a permitted primary use) • Camper sales • Campgrounds • Donation centers • Flea markets • Gasoline & fuel sales • Heavy equipment sales, rental & leasing • Industrial building sales -4- • Kennels • Manufactured home sales • Mini warehouses • Outdoor Entertainment • Pawn shops • Portable building sales (as a primary use) • Recreational vehicle parks • Recycling centers (provided that this prohibition shall not prevent use of temporary collection and storage bins for recyclable materials generated by a permitted use during the ordinary course of business) • Sale of used goods (except antiques and estate sales) • Self -Storage • Sexually oriented businesses • Shooting ranges • Tattoo parlors • Truck service or repair • Truck stops • Trucking terminals • Video arcades (as a primary use) • Wholesale nurseries (as a primary use) • Wireless Transmission Facility, Self -Standing • Wrecking yards 8. HEIGHT All buildings on the Property shall be limited to one (1) story in height, not to exceed twenty (20) feet. 9. ADDITIONAL DEVELOPMENT STANDARDS 9.1 Parcell Parcel 1 shall be developed in accordance with the development standards set forth in Exhibit "C". 9.2 Parcel Parcel 2 shall be developed in accordance with the development standards set forth in Exhibit "D". 9.3 Parcel -s- Parcel 3 shall comply with the applicable development standards of the Code. 10. TREE PROTECTION In addition to the requirements of the Code, all protected tree species with a diameter (as defined in the Code) of twenty (20) inches or greater shall be preserved. All existing protected tree species within fifty (50) feet of a property line abutting single- family lots shall be preserved. 11. SIGNAGE All freestanding signs shall be restricted to monument signs only. Lots with frontage on a road or a shared driveway (access road) that intersects Red Bud Lane may have off-site signage along Red Bud Lane if a sign easement is obtained at a location no more than fifty (50) feet from the right-of-way line of both Red Bud Lane and the access road. Only one (1) sign easement shall be allowed for each access road that intersects with Red Bud Lane. The sign shall be a monument sign, as defined in the Code, and shall not exceed six (6) feet in height with a sign area of no more than fifty (50) square feet. All offices with use of the sign easement shall be accommodated on one (1) sign. Multiple signs shall not be permitted. If a sign is constructed in the sign easement, the use on the lot on which the sign is located shall use the same sign and shall not be permitted a separate sign along Red Bud Lane. In addition to the off-site signage, one (1) monument sign no more than six (6) feet high with a sign area of no more than fifty (50) square feet may also be located at the intersection of the primary entrance driveway onto each lot and the access road. 12. UNDERGROUND UTILITY SERVICE Except where approved in writing by the Chief of Public Works Operations, all electrical, telephone and cablevision distribution and service lines, other than overhead lines that are three phase or larger, shall be placed underground. All transformers must be visually screened. -6- 13. CHANGES TO PLAN 13.1 Minor Changes Minor changes to this Plan which do not substantially and adversely change this Plan may be approved administratively, if approved in writing, by the City Engineer, the Director of Planning and Community Development, and the City Attorney. 13.2 Major Changes All changes not permitted under section 13.1 above shall be resubmitted following the same procedure required by the original PUD application. Unless prohibited by law, the City reserves the right to rezone the Property or any portion thereof on its own motion or upon the application of any owner of property within the PUD. 14. CONCEPT PLAN APPROVED Approval of this Plan constitutes Concept Plan approval under the City Subdivision Ordinance. 15. GENERAL PLAN 2000 This Plan amends the Round Rock General Plan 2000, which was adopted on June 10, 1999. -7- LIST OF EXHIBITS EXHIBIT DESCRIPTION Exhibit "A" Description of Property Exhibit "B" Development Parcels Exhibit "B-1" Description of Parcel 1 Exhibit "B-2" Description of Parcel 2 Exhibit "B-3" Description of Parcel 3 Exhibit "C" Development Standards for Parcel 1 Exhibit "D" Development Standards for Parcel 2 -8- EXHIBIT A DESCRIPTION OF PROPERTY The Property consists of Tracts 1, 2, 3, 4, 5, 6, 7, 8, 9,11 and 12 of the unrecorded subdivision of Highland Terrace, as more particularly described in the following field notes. TRACT 1 ' 2111152! "A" 2.4426 wase& of land in the Joseph Marshall Survey, Abstract 409, ie son vulisaCounty, Teuas, and beau Lot 1 out of tits South ]0.00 aeras of a 76,00 acre tricot of land eoave3►ed by deed dated llap 16, 1947 from Paul T. Drown and ftfe IPlaaaie frown to + -� N. V. Freautn and vii& Vera N wrLns Feast". of record in Volume 363, Page 229 of thi peal Records of said Caugty► and State, more 1►arei,cularly described as follems: o r-- UQ=R 11G at an iron pin wet in the South boundary line of said dusvey mmocking, the Southwest corner C'sMa>cmball o of said Lot 1, said pint also being the Southwest eornex of said 30.00 acre tract and the Southwaat corner of said 76.00 4:4 a? meta tract, said point bear* V59r, 859.31 fact from the Southeast corner of said Narsbell C) TKEOCLr, with the fence along the Fast boundary line of said 30.00 acre `- tract, N 00' 18 00 M, 252.96 feet to an icon pin est for the Northwest-corner hereof, CID 04 L said point also being the Southwest Comae of Lot 3 of said 30.00 acre tract; Q `+ THENCE, leaning said west line and continuing along the North line hereof, OC73boundary a T S 89' 550 00" E, 428.88 fact to an Iran pin set for the Northeriat corner hereof, said point also being C i try the common corner of Lots 1, 2, 3, end•4 of said 30,00 acre tract; TItENC6, along the common boundary 11A(' Of Lots 1 and 2 of said 30.00 acre tract, S 00' 05' 00" 1d, 252.34 fact to an iron pin set on the South boundary line or said 30,00 acre tract for the Southeast corner hereof, ' Bald point also 1►eing the Southwest corner of l.ot 2 of said 30.00 aert• tract; i THEWS, leaving the East botmd3ry line hereof, WIr»ST, 427.18 feet to the POTNT OF Dt,GINNlwr., or less. containGtl 2.4826 acres of land more t t 0 1� r� i, N f i THENCE, with the west line of said Lot 2, N00.05133"E, at 227.15 feet passing an iron rod found, continuing on, in all, a total of 252.22 feet to an iron rod found at the northwest corner of said Lot 2, being the southwest corner of Lot 4, for the northwest corner hereof: 174'7PAA16 SURVEY NO. 89005 2.500 ACRES TRACT 2 EMIDIT «An BEING 2.500 ACRES OF LAND OUT OF THE JOSEPH MARSHALL SURVEY ABSTRACT NO. 409, SITUATED IN WILLIAMSON COUNTY, TEXAS, BEING LOT 2 OF HIGHLAND TERRACE. AN UNRECORDED SUBDIVISION. AND BEING ALL OF THAT CERTAIN 2.500 ACRE TRACT OF LAND TRACT 1 DESCRIBED IN VOLUME 855, CALLED PAGE 340, WILLIAMSON COUNTY DEED RECORDS, SAID 2.500 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod found on the west right-of-way line Of County. Road No. 122, being the southeast said Lot 2, for the southeast corner hereof] corner of the 432THENCE, hthe s .18feetto aniron rod found hatsthe soouthwest9corner "of said Lot 2, being the southeast corner of Lot 1, for the southwest corner hereof; THENCE, with the north line of said Lot 2, being the south line of said Lot 4, S89.53'43"E, 432.14 feet to an iron rod found on the west line of the said County Road No. 122, at the northeast corner of said Lot 2, being the southeast corner of said Lot 4, for the northeast corner hereof: THENCE, with the west line of the said County Road No. 122, S00.05,00"W, at 24.83 feet passing an iron rod found, continuing on, in all, a total of 251.76 feetto the PLACE OF BEGINNING, containing 2.500 acres of land, more or less. C ENGINEERING, INC. Paul L. Easley, &'Reed Public Surveyor No. 4432 SWEOfTEm comOFMWfSON bYWCAnd Nd ofRECORDED. /��RE�;�fS Y°hnaea b Texu upper baso: b/ +a0. os JAN 2 1 G* �NTY. MW Date sr -q .30 < sm 7 i^ m ^n X0 m0 o x0 TRACT 3 EXIIIBIT "A" BEING A 2,487 ACRE TRACT OF LAND OUT OF THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409 IN WILLIAMSON COUNTY, TEXAS, BEING KNOWN AS LOT 3 OF HIGHLAND TERRACE, AN UNRECORDED SUBDIVISION IN WILLIAMSON COUNTY, SAID LOT 3 BEING THE SAME TRACT OF LAND CONVEYED TO KEITH AND LESLIE PETERSON AS RECORDED IN VOLUME 2703, PAGE 297 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at a 3/8" iron rod found for the Southeast corner of the licroin described tract, being the Southeast corner of Said Lot 3 and the common West corner of Lots 2 and 4, same being on tine ocnterline of U►e West line of a 50' access casement as described in Volume 855, Page 340, Decd Records of Williamson County, Teras, and from which the intersection of the centerline of said access casement %viih the West line of County Road No. 122 bears, S 89°55'00"E. 432.13 foci; THENCE N 89°55'00"W (BEARING BASIS) along the common line between the herein described tract and Lot I of said Highland TOT= unrecorded subdivision for a distance of 428.73 feet to a 3/8" iron rod found on the Fast line of that certain J. Lawrence Berkman tract recorded in Volume 465. Page 308, Deed Records of Williamson County, for the Southwest comer of the herein described tract: THENCE N 00°21'31"W along the common line between said Berkman tract and the herein described tract for a distance of 252.18 feet to a %" iron rod found for Ute Nortilvest corner of hereof, same being Ute Soutlnvcst comer of Lot 5 of said Highland Terrace as conveyed to M.D. Clark in Vollnne 2513, Page 775, Official Records of Williamson County, Texas; THENCE S 89"54'44"E (BEARING BASIS) along Ute conuuon line between said Lot 5 and the herein described tract for a distance of 430.46 feet to a %" iron rod found for the Northeast corner hereof, sante being the Northwest of the aforementioned Lot 4, Highland Terrace, as conveyed to M.D. Clark, recorded in Volume 2154, Page 7881 of Ute Official Records of Williamson County, Texas; THENCE S 00°02'05"W along the common line between Lot 4 and the Herein described tract, passing a %_" iron rod found at Ute Northwest corner of said 50' access easement a distance of 226.95' feet and continuing for a total distance of 252.14 feet to the POINT OF BEGINNING of the herein described tract and containing 2.487 acrds of land COOKS -1`014 & ASSOC. SURVEYING & MAPPING %N Spring Hill Lane. Suite I la- Pnulerville Tce;n 78OW Office (512)252-9717 - FAX: (5 121 252 0511 Registered Professional Land Surveyor. No. 4733 TRACT 4 2.50 acres of land being that same property, granted to Morris D. Clark and recorded in Volume 2154, Page 788, Official public Records of Williamson County, Texas, said property is referred to in the Clark Deed as. "sometimes known as Lot 4 agbland Te an unrecorded subdivision in Williamas Williamson County, Tex" said 2.50 acres being miore particularly described by metes and bounds as follows: BEGlNNING'at a y2" iron rod found at the southwest comer of the Clark property, said rod is a common corner the Carlin tract (V.1747 P. 414), the Rasafar and Leo tract, (Doc. 20033015931) and the Sohns tract (Doc. 9806771), same being the Southwest comer of the herein described tract and the P.O.B. hereof THENCE, along the dividing line of the Clark and Sohns tracts N 00' 05'27" E, (bearing basis) 252.05 ft. to a %2" iron rod found at the common corner of said tracts, same being a common corner of two other Moms D. Clark tracts (both recorded in V. 2153 Pg. 775), for the Northwest comer hereof THENCE, along the North line of the herein described tract, S 89' 42'02" E, 432.13 ft. to the Northeast corner hereof (no monument recovered) being on the West r -o -w line of Red Bud Lane, and from which a %2" capped iron rod found as a witness to the Northeast corner bears N 89' 42102" W, 38.19 ft. THENCE along the East line at the herein described tract and the West r -o -w line of Red Bud Lane, S 00° 05' 25" W. 250.55 ft., to the Southeast corner hereof (no monument recovered), and from which a %2" capped iron rod found as a witness to the Southeast corner bears, N 89' 54' 00" W, 36.28 ft. THENCE, along the dividing line ofthe above said Clark and Carlin tracts, N 89.54' 00" W, 432.13 ft. to the P.O.B. TRACT 5 BEING 2.4958 acres of land in the Joseph Marshall Survey, Abstract No. 409, in Williamson County, Texas, and being Lot 5 out of the South 30.00 acres of a 76.00 acre tract of land conveyed by deed dated May 16, 1947 from Paul T. Brown and wife, Flossie Brown, to M. H. Freeman and wife, Vera Maurine Freeman, of record in Volume 343, Page 229 of the Deed Records of said County and State, more particularly described as follows: BEGINNING at an iron pin in the West boundary line of said 30.00 acre tract and the West boundary line of said 76.00 acre tract marking the Southwest corner of said Lot 5, said point bears WEST, 859.31 feet and N 00' 18'00" W, 504.98 feet from the Southeast comer of said survey' THENCE, with the fence along the West boundary line of said 30.00 acre tract and the West boundary line of said 76.00 acre tract, N 00' 18'00" W, 252.02 feet to an iron pin set for the Northwest corner hereof, said point also being the Southwest corner of Lot 7 of said 30.00 acre tract; THENCE, leaving the West boundary hereof, and continuing along the common boundary line of Lots 5 and 7, S 89' 55'00" E, 432.25 feet to an iron pin for the Northeast corner hereof, said point also being the common corner of Lots 5, 6, 7 and 8 of said 30.00 acre tract; THENCE, along a common boundary line of Lots 5 and 6, S 00' 05'00" W, 252.01 feet to an iron pin for the Southeast corner hereof, said point also being the common corner of Lots 3, 4, 5 and 6; THENCE, along the common boundary line of Lots 5 and 3, N 89' 55'00" W, 430.56 feet to the POINT OF BEGINNING, containing 2.4958 acres of land *more or less. TRACT 6 BEING 2.50 acres of land in the Joseph Marshall Survey', Abstract No. 409 in Williamson County, Texas, being Lot 6 out of the South 30.00 acres of a 76.00 acre tract of land conveyed by deed dated May 16, 1947, from Paul T. Brown and wife, Flossie Brown, to M. H. Freeman and wife, Vera Maurine Freeman, of record in Volume 343, Page 229 of the Deed Records of said County and State, more Particularly described as follows: BEGINNING at an iron pin found in the west Right -of --way line of County Road 122, also being on the East boundary of said 30.00 acre tract, said point bears N 00' 05' 00" E, 755.73 feet from the common Southeast corner of said 30.00 acre tract, said 76.00 acre tract and said survey for the Northeast corner hereo& said Point B, said Point also being the center line of a 50.00 foot wide easement; THENCE, with the common East line of said 30.00 acre tract, said 76.00 acre tract and said survey, said line also being the West Right-of-way line of said County road, S 00'05' 00" W at 25.00 feet pass an iron pin set for the Southeast corner of a 50.00 foot wide easement, 252.40 feet to Point A, being an iron pin set for the Southeast corner of said lot, said point also being the Northeast corner of Lot 4; THENCE, leaving said line and continuing with the common boundary line of Lots 4 and 6, N 89' 55' 00" W at 15.00 feet pass the Easterly line of a 15.00 foot wide easement described below, 432.13 feet to an iron pin set marking the Southwest corner hereof, said point also being the common comer of Lots 3, 4, 5, and 6; THENCE, leaving said line and continuing with the common boundary line of Lot 5 and'Lot 6, N 00' 05'00" E, at 227.01 feet pass the Southwest comer of said 50.00 foot wide easement, 252.01 feet to an iron pin set for the Northwest corner hereof, said point also being the center line of said 50.00 foot wide easement, said point also being the common corner of Lots 5, 6, 7 and 8; THENCE, leaving said line and continuing with the common boundary line of Lot 6 and Lot 8, N 89' 55'001f E, at 417.00 feet pass the Easterly line of said 15.00 foot wide easement, 432.13 feet to the POINT OF BEGINNING, containing 2.50 acres of land more or less, (the "Property'). ' TRACT 7 { voL Mrw 678 sszB=T •A• Z TRACT l s BEING 2.5055 acres of land in the Joseph Marshall Survey, Abstract No. 409 in Williamson County, Texas, and being Lot 7 out of the South 30.00 acres of a 76.00 acre tract of land conveyed by deed dated May 16, 1947 from Paul T. Brown and wife, Flossie Brown to N. H. Freeman and. wife, Vera Maurllne Freeman, of record in Volume 343, Page 229 of the Dead Records of said County and State, more particularly described as follows: BEGINNING at an iron pin in the West boundary line of said 30.00 acre tract and the West boundary line of said 76.00 acre tract marking the Southwes t corner of said Lot 7, said point bears WEST, 859.31 feet and N 00 18' 00• W, 757.00 feet from the Southeast corner of said surveys THENCE, with the fence along the West .boundary line of said 30.00 acre tract and the West boundary line of said 76.00 acre tract, N 000 18' 00• W, 252.02 feet to an iron pin set for the Northwest corner hereof, said point also being the Southwest corner of Lot 9 of said 30.00 acre tract; THENCE, leaving said West boundary line hereof and continuing' along the common boundary line of Lots 7 and 9, S 89. 55' 00" E, 433.93 feet to an iron pin not for the Northeast corner hereof, said point also being the common corner of Lots 7, 8, 9, and 10. of said 30.00 acre tract; THENCE, along the common boundary line of Lots 7 and 8 S 000 05' 00' W, 252.01 feet to an iron pin for the Southeast corner hereof, said point also being the common corner of Lots 5, 6, 7, and 8 of said 30.00 acre tract; r THENCE, along the common boundary lines of Lots 7 and 5, N 89. 55, 00' N, 432.25 feet to the POINT OF BEGINNING, containing 2.5055 acres Of land more or less. TOGETHER WITH THE FOLLOWING DESCRIBED BASEMENT FOR FREE EGRESS AND INGRESS SHALL CONSTITUTE AN APPURTENANCE TO THE SAID PROPERTY HEREIN DESCRIBED, SUCH EASEMENT AND ROADWAY BEING PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: TRACT S ' BEING 2.50 acres of land in the Joseph.Marshall Survey, Abstract No. 409 in Williamson County, Texas, being further described as Lot 8 out of the South 30.00 acres of a 76.00 acre tract of land coneyed'by deed dated May 16, 1947, from Paul T. Brown and wife Flossie Brown to M. H. Freeman and wife Vera Maurine Freeman, recorded in Volume 343, page 229, Deed Records of said County State, and more Particularly described as follows: BEGINNING at an iron pin found in the West Right-of-way of asaidbpointon the b05'�d0011 A ofe said 30 00 acre tract, bears N a00- E, 1007.74 feet from the common southeast corner of said 30.00 acre tract, said 76.00 acre tract and said survey, for the Northeast corner hereof THENCE, with the common East line of said 30.00 acre . tract, said 76.00 acre tract, and f said survey,*said line . ao beimyg the West Right line of said County road, S 00 05 0.0 W at 227.01 feet pass an ironpinset for the Northeast corner of a 50.00 { li foot aide easement, 252.40 ' feet to Point A, being an iron pin set for the. Southeast �I corner of said lot, said point also being the Northeast corner of Lotand the ..6 center line of said easement THENCE, leaving said line and continuingwith the co boundary line of Lot 6 and Lot 8, alsobeingthe center line of said easement, N 89. 55' 00" W at 15.00 feet pass ' the Easterly, line'of 15.00 �! +� a foot wide easement described below, 432.13 feet to an iron pin set marking the Westerly terminus = of said 50.00 foot easement, the common corner of Lots 5, 6, 7, and $ for the Southwest corner hereofI. fs z' THENCE, leaving said lint and continuingg with the common boundary line of Lots 7 and 8, N 00- 05- 00" E at25.00 feet- pass the Northwest corner of said 50.00 foot ease meet, 252.01 feet to an iron pin set on the common bound- ary line of Lot 8 and Lot 10 of said 30:00 acre tract .for the Northwest corner hereofi" =• a THENCE leaving said line and continuing with the common North tounda ry of Lot 8 .line . , 1" and Lot 10, S 89 55 00 E at 417.13 feet pass the Westerly -line of said. 15.00 foot easement, 432.13 feet to the, POINT OF BEGINNING, contain- . ing 2.50 acres of land more or less. - t �; TRACT 9 VOL.2364PAGE 276 I TRACT 1, MEING 2.5153 ACRES or LA4rl IN THE dOSCI`H HARSHALL. SV-11VEY, A.NSTR/CT 1(�. 409 111 Wi LLIMISON COUNTY, TEY.AS, AND DEI NG LOT 4 OL'T OF 711E spill' l.)(i. (1P. LCRES OF A 76.00 ACRE TRACT OF LAND C(i!cYEI•t11 1+Y•DCCU DAILn, W,) .1.1., 19•:7 FAM TAM T. HRoU-0 AND WIFE, FLUSS1E f•.1ovi. TO !:. 11. FNELj-*. AND 1:11'1:, vrKA !IAUkINE FREEMAR, Or RECOkh 111 VOLME 343, TACE 229 or 71LQ JQLI i+, &ECORL' S OF SAID COUNTY ANIS STATE, h0hE 1'AkTI C('LAVLY 11Mvi 8Ii► EEGIFNING an iron pin in the West boundary lilac of Enid ."0. r:rru tract and the hest boundary line of said 76.00 acre tract war;:irq t!+t southwest corner of said Lot 9, said point bears hest, 859.31 fact and 1 N 00' 18' 00" W, 1009.02 feet from the Southeast corner Of acid Eurt•t.r; THENCE, with the fence along the Lest boundery line of said 30.(.(' rcrt tract and the West boundary line of said 76.00 acre tract, N (i(+'' 18, 00" W. 252.02 feet to an iron pin set for the Northwesc corntr hereof, said point also being the tract; Sduchu'est corner of Lot 11 of said 20jg) acre THENCE, leaving said West boundary line hereof and continu:r,g alo., the eormon boundary line of Lots 9 and 11, 5 fig` 55' 00" E, 435.62 feet to an iron pin set for the Northeast corer hereof,.seid point also being the common corner of Lots 9, 10, 11 and 12 of said 30.00 etre tr.,:t; TFENCE. along the co=on boundary line of Lots 9 En I V, 252.01 feet to an iron pin -.set for the Soulbeastdccr�ner herre�!, .a'd Point also being the ceanoncorner of Lots 7, 8, 9 and 1(+ of said 3U.i+G acre tract; i ITHFIME. along the common boundary line of Lots 9 Erd 7, E9' 55' (Jul, 433.93 feet to the POINT OF EEGIRRING, containing 2.5153 teras land raore or less. cf TRACT 11 Toozilmm. wrm do MAP � tea►ea� dlll >ireeaeeec art Rii84e•aM#y ti daoribed In rt WWI ..�. err = i R Hca ~j Aark Teem% 78746 �" �'' »tleeZtlt' lid'PM 847-M Fmc (112) 347x.9310 >yi1[Ni ALi. O)1 TQAT t7RTAtlt TRACT OR PAS OV LAM OUT OF AM A PART (W TICS i3mm8 MANOW" qRM MWIVACt,'T Ift 40� $MAT= Ut COUNTY. TM416 MID MUT OT LAM M010 UAY1lCMARLY >i 11ld8RtlJl� WW ALL OF TRAT CQTAR4 IMM O! LAM C(IdfVi M HY ASK AIRF DOLL& T6 7i►JLiMU JAR;OM Ed= ANO MINORA alCir>a isgiMS a NAT CRRTAN WARIlIIW =0 -1 r m Im am Vi vUUBM V44 PAM ?M MM AtOOM ON WUAAAWOM COVM* TOM86 US LAM I BE 0 TRACT oa M Of LM14M.Y DRQ DY NO= AND somm YO 0,ataaieoopiaboadW6eldortliasdtYReaWa24TA3 aooetaeototieataaaNeyed� n �^ L 1seRanoe HO"= 87' 6W 4t NNW le Vdmw 46% hp = d AM Dad ll000al4 at for j'iotdaert oouear davit Aaeldt toot ar hmW and uayd *a td Vmw4 !as tie 1ta0erwre � Q dooMt dlde faAr 30aaN otthet aaaols 76aeMtraatoarn�itp 1i[. R l�waua and Vas Fine M by Drat Goaded lk vaiaee 343, hV fit, nerd Um& at WMb woo Caeaiy. Taiaar„ Or &S C F Nad�taanRaad�T'AfNi'0/�1lQat'lridRe/�misde.prlbelilwo� CD ;, • R, I�i9'S!a'01"B, doHowinP die NaeQ� iioe o�atW 6laddo toot ar Smw ad tied upon Poe � � 4 Road n for apponaMtNoel6oatt Boner dadd 8miiti taew ut � O . tlr7iotiheaetooeaerollMetieeeia daoeibeedttw� 4 A'+ WIr tlN Bat lige daft 80*h tact, 251.27 Ret ban i m pis UW ,. 'tt o JTMOK� the apprnot Sowdwo oomw otodd HOW WK ar #=W ad stet upon tM M104 em* tW C goumdbe of a W Non aoaoiaaiMe W4 f1w, Baeeawe d ieonnt i Vb%M M 1p 240. oakw )i mw& Gewak"m c4m*.'h, .lbcl6e SoaeLeAet eoraetoil6eiMidetdeeorlewdtq� I N89'35�00"1it.ibiowlo8 for Bad lla' davit BirdA UK& a. dwaed and arodvpae► tie Waw 438.59 feet b as +boo pia %Gad is 04 Bart Wo of !void 207.43 a= Boda t Ugct, at Or, . aDieaat 8w�weet ooaree deatd 8erilh tati, ae f*oed and wei � #r �aoored, fmt the SouDw,ert ' aaurdtbeliaeWadstorlbrd4so�, "IN • and Gad gird � � Do 0o moos dim hS at eaid SW& Gad � q '.� ` �4 4R Dec to d o POQ'Fl OI► A�r.aorl,:we, nuffam cownwvs 2521 Toozilmm. wrm do MAP � tea►ea� dlll >ireeaeeec art Rii84e•aM#y ti daoribed In rt WWI ..�. err = i R Hca ~j Aark Teem% 78746 �" �'' »tleeZtlt' lid'PM 847-M Fmc (112) 347x.9310 ''���'�""'•'�tMtai:< ID�^__R..:�fts�� �'•a►� •..�- , --- n.u� . --�efrvaia.:....; f TRACT 12 Y i vot 1065 Pict 898 EDIT "A" BE= 2.50 �es of land in the Joseph Marshall Sury Williamson rqunty, Texas, el'� Abstract No. 409 in Portion of the South 30.00 acres of a 76.00 � tract ofibed as Lot llandtwnv of ��rtheast _ dated May, 1'6, 1947 from Paul T. Brown and wife, Flossie Brown to M.H Freeman Dead ani ' wife, Vera Maurine Freeman, recorded in Volume 343, Flossie 229, Deed Records an said County and State, more particularly described as follows: BE3JM= at an iron pin found in the West Right-of-way line of County Road 122, all being the Northeast corner of said 30 N 00005100";E, 1512.15 feet from the .00 acre tract, said point bears carrion Southeast corner of said 30.00 acre tract, said; 76.00 acre tract and said survey, for the Northeast corner hereof; THg`�' with the cannon East Line of said 30.00 acre tract, said 76.00 acre tract, and said 0*05'0, said line also kiting the West Right-of-way line of said County road, S 00° foot w W at easement, feet pass et iron pin set for the Northeast corner of a 50.00 foot wide easement, 252.40 feet to Point A, the Southeast corner of said Lot, said point also4 an iron pin set for being Lot 10 and the center line of said easement, the Northwest corner of TMCE, leaving said line arra continuing_ and Lot 12, 'also being the center lins easement, N 89�°6a5 00' W at of 5 00 feet pass the Easterly line of a 15.00 foot wide easement described belew feet tc an iron pin set marking the Easterly terminus of said easement , 432.13 and the m eamn corner of Lots 9, 10, 11 and 12 for the Southwest corner, hereof; '. leaving said Line and continuing with the ocmnon boundary line of Lots 11 and 12, N 00°05'00" E at 25.00 feet pass the Northwest corner of said 50.00 foot a easeaent, 251.69 feet to an iron pin set on the Northerly bo 30.00 acre tract for the NortIvest corner hereof;' line of said MMM leaving said line and continuing with the pass the terly Lot 12 and said 30.00 acre tract, N 89°59'20" E, at�417.13orth Lboundary Iine of line of said'15.00 foot easement, 432.13 feet to the ponM OF BF.GINNIM, Eas Ea 2.50 saes of land, more or less. EXHIBIT B DEVELOPMENT PARCELS all Tract 11 Tract 12 Tra t 9 Tract 7 Tract 8 Parcel 1 Tract 6 Tract 5 Parcel 2 Tract 3 Tract 4 Tract 2 Tract 1 Parcel 3 EXHIBIT B-1 DESCRIPTION OF PARCEL 1 Parcel 1 consists of Tracts 1, 3, 5, 7, 9,11 and 12 of the unrecorded subdivision of Highland Terrace, as more particularly described in the following field notes. TRACT 1 2XVIStZ "A" U=d 2.4426 acres of land in the Joseph Marshall Survey, Abstrmet 'NO• 209, in U111465on County, Texas, and bait& Lot 1 out o! the South 30.00 aeras of a 26,00 acre trhat of land coaveyred by , ead dated Map 16, 1949 free Paul T. drown and Wile Mamie amen to M. H. ft*m04X gad wife Vexs Maurine Preeaao, of record in Volume 343, page 229 of thi Dead Records of said CauOp and state, wore particularly described as foilwra: 11EQ="W at an iron pin met in the South boundary line of said G ;lso� s � Southwestthe u orney ofMV of said amid 30.00 acre traet� aid the Southwest corner of said 96.00 mesa tract, said point bears VICST, 859.31 fact from the southeast corner of sold Marshall eurwy; tKWE, with the fence along the Wast boundary line of said 30.00 acre tract, N 00' 18' 00" W, 252.96 feet to an iron pin set for the northwest, corner hereof, said point also being the Southwest eornec of Lot 3 of said 30.00 acre tract; THENCE,, leaving Said Neat line and continuing along the North boundary line hereof, S 89' 55' 00" E, 428.88 feet to an iron pia set for the Northenst corner hereof, said point also being the common corner of Lots 1, 2, 3, and•4 of said 30.00 acre tract; THENCE, along the common 1"dary tine of tots 1 and 2 of said 30.00 acre tract, S 00' 05' 00" W, 252.34 feet to an iron An set on the South boundary line or maid 30,00 acre tract for the Southeast corner hereof, sold point also being, the Southwest corner of Lot 2 of said 30.00 ai•re tract; Ti!>itMC, leaving the East botmdary line hereof, WEST, 422,18 feet to the POINT OF gSCINNING, rontninbig 2.4826 acres of land more or less. %i ,c t TRACT 1 2XVIStZ "A" U=d 2.4426 acres of land in the Joseph Marshall Survey, Abstrmet 'NO• 209, in U111465on County, Texas, and bait& Lot 1 out o! the South 30.00 aeras of a 26,00 acre trhat of land coaveyred by , ead dated Map 16, 1949 free Paul T. drown and Wile Mamie amen to M. H. ft*m04X gad wife Vexs Maurine Preeaao, of record in Volume 343, page 229 of thi Dead Records of said CauOp and state, wore particularly described as foilwra: 11EQ="W at an iron pin met in the South boundary line of said G ;lso� s � Southwestthe u orney ofMV of said amid 30.00 acre traet� aid the Southwest corner of said 96.00 mesa tract, said point bears VICST, 859.31 fact from the southeast corner of sold Marshall eurwy; tKWE, with the fence along the Wast boundary line of said 30.00 acre tract, N 00' 18' 00" W, 252.96 feet to an iron pin set for the northwest, corner hereof, said point also being the Southwest eornec of Lot 3 of said 30.00 acre tract; THENCE,, leaving Said Neat line and continuing along the North boundary line hereof, S 89' 55' 00" E, 428.88 feet to an iron pia set for the Northenst corner hereof, said point also being the common corner of Lots 1, 2, 3, and•4 of said 30.00 acre tract; THENCE, along the common 1"dary tine of tots 1 and 2 of said 30.00 acre tract, S 00' 05' 00" W, 252.34 feet to an iron An set on the South boundary line or maid 30,00 acre tract for the Southeast corner hereof, sold point also being, the Southwest corner of Lot 2 of said 30.00 ai•re tract; Ti!>itMC, leaving the East botmdary line hereof, WEST, 422,18 feet to the POINT OF gSCINNING, rontninbig 2.4826 acres of land more or less. TRACT 3 EXHIBIT "A" BEING A 2,487 ACRE TRACT OF LAND OUT OF THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409 IN WiLLIAMSON COUNTY, TEXAS, BEiNG KNOWN AS LOT 3 OF HIGHLAND TERRACE, AN UNRECORDED SUBDIVISION IN WILLIAMSON COUNTY, SAID LOT 3 BEING THE SAME TRACT OF LAND CONVEYED TO KEITH AND LESLIE PETERSON AS RECORDED IN VOLUME 2703, PAGE 297 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at a 3/8" iron rod found for die Southeast corner of the herein described tract, being die Southeast corner of Said Lot 3 and the common West corner ofLols 2 and 4, same bang on the centerline of the West line of a So' access casement as described in Volume 855, Page 340, Deed Records of Williamson County, Texas, and from which the intersection of the centeriine of said access casement witli the West line of County Road No. 122 bears, S 89°55'00"E, 432.13 foci; THENCE N 89'55'00"W (BEARING BASIS) along the common line between the herein described tract and Lot I of said Highland Terrace unrecorded subdivision for a distance of 428.73 feel to a 3/8" iron rod found on the East line of that certain J. Lawrence Berkman tract recorded in Volume 465. Page 308, Deed Records of Williamson County, for the Southwest corner of the herein described lracc. THENCE N 00°21'31"W along die common line between said Berkman tract and the herein described tract for a distance of 252.18 feet to a %i' iron rod found for the Northwest corner of hereof, same being the Southwest comer of Lot 5 of said Highland Terrace as conveyed to M.D. Clark in Volume 2513, Page 775, Oficial Records of Williamson County, Texas; THENCE S 89°54'44"E (BEARING BASIS) along the conmhon line between said Lot 5 and the herein described tract for a distance of 430.46 feel to a %" iron rod found for the Northeast corner hereof, same being the Northwest of the aforementioned Lot 4, Highland Terrace, as conveyed to M.D. Clark, recorded in Volume 2154, Page 7881 of the Official Records of Williamson County, Texas; THENCE S 00°02'05"W along the common line between Lot 4 and the herein described tract, passing a %i' iron rod found at die Northwest corner of said 50' access easement a distance of 226.95' feet and continuing for a total distance of 252.14 feet to the POINT OF BEGINNING of the herein described tract and containing 2.487 acres of land COOKS -170N & ASSOC. 1yAWqq001llk�1 Offim (512 )252-9717 -FAX: (512) 152-9S I I qxW Reoistered Professional Land Surveyor, No. 4733 TRACT 5 BEING 2.4958 acres of land in the Joseph Marshall Survey, Abstract No. 409, in Williamson County, Texas, and being Lot 5 out of the South 30.00 acres of a 76.00 acre tract of land conveyed by deed dated May 16, 1947 from Paul T. Brown and wife, Flossie Brown, to M. H. Freeman and wife, Vera Maurine Freeman, of record in Volume 343, Page 229 of the Deed Records of said County and State, more particularly described as follows: BEGINNING at an iron pin in the West boundary line of said 30.00.acre tract and the West boundary line of said 76.00 acre tract marking the Southwest comer of said Lot 5, said point bears WEST, 859.31 feet and N 00' 18'00" W, 504.98 feet from the Southeast corner of said survey' THENCE, with the fence along the West boundary line of said 30.00 acre tract and the West boundary line of said 76.00 acre tract, N 00' 18'00" W, 252.02 feet to an iron pin set for the Northwest corner hereof, said point also being the Southwest corner of Lot 7 of said 30.00 acre tract; THENCE, leaving the West boundary hereof, and continuing along the common boundary line of Lots 5 and 7, S 89' 55' 00" E, 432.25 feet to an iron pin for the Northeast corner hereof, said point also being the common corner of Lots 5, 6, 7 and 8 of said 30.00 acre tract; THENCE, along a common boundary line of Lots 5 and 6, S 00' 05'00" W, 252.01 feet to an iron pin for the Southeast comer hereof, said point also being the common corner of Lots 3, 4, 5 and 6; THENCE, along the common boundary line of Lots 5 and 3, N 89' 55'00" W, 430.56 feet to the POINT OF BEGINNING, containing 2.4958 acres of land more or less. TRACT 7 va. 918PAct 678 EXHIBIT Raw TRACT 1, BEING 2.5055 acres of land in the Joseph Marshall Survey, Abstract No. 409 in Williamson County, Texas, and being Lot 7 out of the South 30.00 acres of a 76.00 acre tract of land conveyed by deed dated May 16, 1947 from Paul T. Brown and wife, Flossie Brown to M. H. Freeman and wife, Vera Maurline preeman, of record in Volume 343, Page 229 of the Deed Records of said County and State, more particularly described as follows, BEGINNING at an iron pin in the Nest boundary line of said 30.00 acre tract and the west boundary line of said 76.00 acre tract marking the Southwest orner of said Lot 7, said point bears NEST, 859.31 feet and N 00 18' 00• N, 757.00 feet from the Southeast surveyf corner of said THENCE, with the fence along the Nest .boundary line of said 30.00 acre tract and the Nest boundary line of said 76.00 acre tract, N 000 18' 00• W, 252.02 feet to an iron pin set for the Northwest corner hereof; said point also being the Southwest corner of Lot 9 of said 30.00 acre tracts THENCE, leaving said Nest boundary line hereof and continuing- along 33.93 feboundaryon a 89- 55t ,- 4et ttoan on p set for the Northealine Of Lots 7 and st corner hereofsaidpoint also being the common corner of Lots 7, 8, 9, and 10. of said 30.00 acre trach THENCE, along the common boundary line of Lots 7 and 8, S 00° 05' 000 N, 252.01 feet to an iron pin for the Southeast corner hereof, said point also being the common corner of Lots 5, 6, 7, and 8 of said 30.00 acre tract; 4F ng the common lines of 000 W, 43225 feet to the POINT boundary BEGINNING, 9 containing 2.5055acres of land more or less. TOGMER WITH THE FOLLOWING DESCRIBED EASEMENT FOR FREE EGRESS AND INGRESS DESCRIBED, SUCH O UCH EASEMENT AND ROADWAYL CONSTITUTE AN BRING PROPERTYCE 70 THE SAID BRING PARTICULARLYDESCRIBED DBY METES AND BOUNDS AS FOLLOWS, TRACT 9 1 , •; VOL.2364PAGE 276 + EYIIIHIT "A" TitACT 31 )EJXG409.1 2.SIS3 ACRES OF LANA IN T11E JOSErH tiAHSIIAtL•. i4R1'E)', AHS7RACT 9:(r, 4p9 113 K11L1At1A011 COURT)', 7E)hS, ANU UC1Hc• LOT 9 OC'T OF 711E: c(q')1l.3U..(Nt ACRES OFA 76.00 ACRE i1NCT OF LAND CU.-,veyEU i<Y•UL•EU I 711 tyj ;f.f., 19•:7 FROM rAUL T. BRO6•N AND VITE, FLUSSIE EM11,11 TO !s. 11, F1)AM�c A : 1:11'f., vEKA MAURINE FRumv Or RCCOkA 11; VOLUME 343, rAfE 229 OF 711G,1�>;ail, ACCORDS OF SAID COURTS AND STATE, NICE PART) CI'LJc1:LY IVU. -1 BLit AF CEGINNING at an iron pin in the est boundary line of F;,id 30.00 West i;c•rc tract and the west boundary line of said 76.00 acre trace a.ar:an(• the southwest corner of eaid Loc 9, said point beara fest, B5!'.3) f:<t ar.d N OO' JE' 00" ti, IUUy,01 feet iro01the Southeart corner Of Bald !url•cy; THENCE. with the fence along the West boundary line of said 3O.(•C'r.•ere tract and the West boundary line of said 76.00 acre tract, R (iU' ;tip ta00" W. 252.02 fete to an iron pin set for the Northwest corner Hereof, trract; point also bring the Sduchuest corner of Lot 11 Of said 20.001 Lcre c TNZNCE, leaving said hest boundary line hereof and continuir.g along the cocoon boundary line of Lots 9 and 11, S 69' 55' UO" E. 435.62 feet to an iron pin set for the Northeast comer hereof,•seid point also being the common corner of Lots 9, 10, 11 and 12 of said 30.00 acre tract; cc--:onTFZNCE, along the cc --:on boundary line of Lots 9 and 10, S 00' 05'C1�" V. 252.01 feet to an iron pin -.set for the Souh Point also being the comoncorner of Loteast crfiner hrreu!, sa d acre tract; ts 7, 8, 9 end 10 of uric 30.00 rFVZCE, glen& the common boundary lineof Lots 9 and 7, :.' ES' 55' 001•' N, 433.93 feet to the POINT OF EEC1N1zING, containing 2.5153 acres cf land more or less. in a n Y po ?; 0 n -C� O � N d Q' � o � C/D w � � � O yrs � o aCD � o :� tzl � c 0 TRACT 11 30m r car�+nr �►cr o�riva�at. a�►Lu�marits��rra s rws:�r MAIM UM SORM AW'RAM N0. 40* WMATM U4 COUM� �(W� � I� AM MM • A4M vQL"Y AM �ap�Y Tb't+� J MAM JAi~OIM M= ANid MfWRA arra Mnt a TdtAT WANUOff Dl Im IN VOLIM 044 rAGN nmr MOM$ OW RauAWW COVM9 9 TMAsr BA1D UACX OF As M LANA UM M&T M�dt1DRD DY NO= AND NOUMS�'tIRrFO, at�uiaipbAaodb�tBrt]bsdpwtoaMia 297'A3 age0toeotalbed aadveyed � L tiOMM DOOM IbY deed 0 NOW b Vote 441. PW M of am Dad 1te00tde„ a die ftdws am aiaaid &a tact a ieoed ad o d edoa da pom4 s me b ft do lin m- mt o am Odo*A scum ddoomab76aarnaotoa�wyeitafA H.lMi�aaad YaraFaeoma Iry Deed reooided 1e Valmae 3t3, nk Deed Aem& d Wawa Cagw. Tan, it dee Na lb litoaowaaddeis'Oo ornmema4 pddohatsAe wWtoot, mom* do )&=&tine of am 6l" tarot w bmw add aced wn dna . llrtiaRlierte�oAera[flatieabd�iea b „� Nadow -dater deotd &a% jc gW ' 'd3"$ !blfperigpdN Heetise otedd tiait6 tract. 231.V iettoaa ina * *.Wag dwe appenot Sgtthoalt aaaar dedd Saehb ttaot ae inoed tab ace! spat tie dro0d�. awe bail tae godefto of a SO Noor aabol" add aw*.*&War &now of taxed in Yobete M F"p 249, oMW i QW6 afll miffaftc ow. TOW4 ibcdr Sookm omwoEdr►brabdeeeriod tray. TOMM'00 W. blow* 60 Sao& iM of acid SW& #@A a iaoed sad Wow! vpm 60 a+raiow� t .s3 bat s0 as trod piw dOasd in dwq Bert pa at aid W.43 sm gm,= &a& .Stft +Dwr�u dowinret ootaoe altNtd tieeilh teaoe. ae *Md eed Wei vpm &D /ooa 4 brie &Now,#& ' 000eratdiebreAtdeedrlbadtawA, . T*OPM 4 'N 14 , ARorrird t!p GO== &idltR bM at sW ftft and SWom "Ok ae A+o"4 =04 tet to da 1'Mlf (W =UMM 2.521 TookilaR �� ®reoneaat dee Ridiead•1Nar ae daeatbed h jo • "M ea. s�dt�e�w• 008474 s hx(JU)s~isio .T TRACT 12 m. 1065 PAGE 898 Farr %n EEIIdG 2.50 acres of land In the Joseph Marshall , Williamson O'ounty, Texas, eye Abstract No. 409 in Portion of�e ben3 furbher described as Lot 12 out of the Northeast dated May 5 South 30.00 acres of a 76.00 acre tract of land conveyed by Deed ' wife, Veralkaurine Fr Paul T. Brcwa and wife, Flossie Brown to M.H. Freeman and ' � Y and State, nnre� � recorded in Volume 343, Page 229, Deed Records of said i particularly described as follows$ BEGIIatIIvl, at an iron pin found in the West Right-Of-Way also being the Northeast Corner Of said 30.00crrt, line point bears Read 122, N 00.05'00";E, 1512.15 feet from the oacmfon Southeast corner ofpaaid 30 acre tract, with acre tract and said survey, for the Northeast corner hereof, and sa, L0s tihe oommn East line of said 30.00 acre tract, said 76.00 acre tract, and said suivey,"laid line also bang the West Right-If-way line of said County road, S 00 05 00 W at 227.40 feet pass an iron ppfinn set for the Northeast corner of a 50.00 foot wide easement, 252.40 feet to point A being an the Southeast corner of said Lot, said point also 'ng AOR pin set for Lot 10 and the center line of said easenenti the Northwest corner of TfOM, leaving said line and continuing _ and Lot 12, 'also being file center line of said easement, N 8Ommon boundary ndar p0" a at of 15 00 feet pass the Easterly line i a 15.00 foot wide easement described below, 432.13 feet to an iron pin set marking the Easterly teami•nus of said easement and the OMTOM corner of Lots 9, 10, 11 and 12 for the Southwest rn coer hereof, and 12, N 0p"05'Ooa" E ateZand 0 conn wit Nthe oam»n boundary line of Lots 11 easement, 251.69 feet to an iron pin set on the Northerly troy by of said a of foot 30.00 acre tract for the Northwest corner hereof;' line of said , leading said line and continuing with the Lot 12 and said 30.00 acre tract, N 89°59'20" E, at 417.13ofeetp�� ]sae of e line of said'15.00 foot easMent, 432.13 feet to the pond CF B s the Easterly 2.50 acres of land, more or less. containing EXHIBIT B-2 DESCRIPTION OF PARCEL 2 Parcel 2 consists of Tracts 4, 6 and 8 of the unrecorded subdivision of Highland Terrace, as more particularly described in the following field notes. TRACT 4 2.50 acres of land being that same property granted to Morris D. Clark and recorded in Volume 2154, Page 788, Official Public Records of Williamson County, Texas, said property is referred to in the Clark Deed as "sometimes known as Lot 4 Highland Terrace an unrecorded subdivision in Williamson County, Texas" said 2.50 acres being more particularly described by metes and bounds as follows: BEGINNING at a y, , iron rod found at the southwest comer of the Clark property, said rod is a common comer the Carlin tract (V.1747 P. 414), the Rasafar and Leo tract. (Doc. 20033015931) and the Sohns tract (Doc. 9806771), same being the Southwest comer of the herein described tract and the P.O.B. hereof THENCE, along the dividing line of the Clark and Sohns tracts N 00' 0512711 E, (bearing basis) 252.05 ft. to a yz" iron rod found at the common corner of said tracts, same being a common corner of two other Morris D. Clark tracts (both recorded in V. 2153 Pg. 775), for the Northwest corner hereof THENCE, along the North line of the herein described tract, S 89' 42'02" E, 432.13 ft. to the Northeast corner hereof (no monument recovered) being on the West r -o -w line of Red Bud Lane, and from which a y2" capped iron rod found as a witness to the Northeast corner bears N 89' 42'02" W, 38.19 ft. THENCE along the East line at the herein described tract and the West r -o -w line of Red Bud Lane, S 00' 05' 25" W. 250.55 ft., to the Southeast corner hereof (no monument recovered), and from which a y:" capped iron rod found as a witness to the Southeast comer bears, N 89' 54' 00" W, 36.28 ft. THENCE, along the dividing line ofthe above said Clark and Carlin tracts, N 89' 54' 00" W, 432.13 ft. to the P.O.B. TRACT 6 BEING 2.50 acres of land in the Joseph Marshall Survey, Abstract No. 409 in Williamson County, Texas, being Lot 6 out of the South 30.00 acres of a 76.00 acre tract of land conveyed by deed dated May 16, 1947, from Paul T. Brown and wife, Flossie Brown, to M. H. Freeman and wife, Vera Maurine Freeman, of record in Volume 343, Page 229 of the Deed Records of said County and State, more Particularly described as follows: BEGINNING at an iron pin found in the west Right-of-way line of County Road 122, also being on the East boundary of said 30.00 acre tract, said point bears N 00' 05' 00" E, 755.73 feet from the common Southeast corner of said 30.00 acre tract, said 76.00 acre tract and said survey for the Northeast comer hereof, said Point B, said Point also being the center line of a 50.00 foot wide easement; THENCE, with the common East line of said 30.00 acre tract, said 76.00 acre tract and said survey, said line also being the West Right-of-way line of said County road, S 00'05'00" W at 25.00 feet pass an iron pin set for the Southeast corner of a 50.00 foot wide easement, 252.40 feet to Point A, being an iron pin set for the Southeast corner of said lot, said point also being the Northeast corner of Lot 4; THENCE, leaving said line and continuing with the common boundary line of Lots 4 and 6, N 89' 55' 00" W at 15.00 feet pass the Easterly line of a 15.00 foot wide easement described below, 432.13 feet to an iron pin set marking the Southwest corner hereof, said point also being the common comer of Lots 3, 4, 5, and 6; THENCE, leaving said line and continuing with the common boundary line of Lot 5 and Lot 6, N 00' 05'00- E, at 227.01 feet pass the Southwest corner of said 50.00 foot wide easement, 252.01 feet to an iron pin set for the Northwest comer hereof, said point also being the center line of said 50.00 foot wide easement, said point also being the common comer of Lots 5, 6, 7 and 8; THENCE, leaving said line and continuing with the common boundary line of Lot 6 and Lot 8, N 89' 55'00" E, at 417.00 feet pass the Easterly line of said 15.00 foot wide easement, 432.13 feet to the POINT OF BEGINNING, containing 2.50 acres of land more or less, (the "Property ). TRACT 8 BEING 2.50 acres of land in the Joseph.Marshall Survey, Abstract No. 409 in Williamson County, Texas, being further described as Lot 8 out of the South 30.00 acres of a 76.00 acre tract of land coneyed*by deed dated May 16, 1947, from Paul T. Brown and wife Flossie Brown to M. H. Freeman and wife Vera Maurine Freeman, recorded in Volume 343, page 229, Deed Records of said County and State, more particularly described as follows: BEGINNING at an iron pin found in the West Right-of-way line of County Road .122, also being on the East boundary of said 30.00 acre tract, said point bears N 00. 05' 00' E. 1007.74 feet from the common southeast corner of said 30.00 acre tract, said 76.00 acre tract and said survey, for the Northeast corner hereof THENCE, with the common East lineof said 30.00 acre . tract, said 76.00 acre tract, and said survey,, said line .. also berg the West Right-of-way line of said County road,, -8 00 05 0.0 W at 227.01 feet pass an iron. pin set for the Northeast corner of a 50.00 foot wide easement, 252.40 feet to Point A. being an iron pin set for the. Southeast corner of said lot, said point also being the Northeast corner of Lot,.6 and the center line of said easement THENCE, leaving said line and continuing with the common boundary line of Lot 6 and Lot 8, also being the center litre of said easement, N 89. 55' 00" W at 15.00 feet pass the Easterly line"of a 15.40 foot wide easement described below, 432.13 feet to an iron pin set marking the Westerly_` terminus of said 50.00 foot easement, the common corner of Lots -5, 6, 7, and 8 for the Southwest corner hereoft THENCE, leaving said lind and continuingg with the common boundary line of Lots 7 and 8. N 00• 05' 00" E at 25.00: feet pass the Northwest corner of said 50.00 foot ease- ment, und- aryint oflLotet to 8 andaLotron 10 ofnsaid 30.00 acres tracin set on the common t. for the Northwest corner hereof# THENCE leaving said line and continuing with the common North boundary line of -Lot 8 d Lo 1 at 417.13 feet•pass the Westerly-linelof said. 155000 foot..'. easement, 432.13 feet to. the. POINT OF BEGINNING, contain- ing 2.50 acres of land more or less. EXHIBIT B-3 DESCRIPTION OF PARCEL 3 Parcel 3 consists of Tract 2 of the unrecorded subdivision of Highland Terrace, as more particularly described in the following field notes. 1747PAsA16 SURVEY NO. 89005 2.500 ACRES TRACT 2 L BMIBIT -An BEING 2.500 ABSTRACT NO. 409, SITUATED IN WILLI MSON RACOUM# MARSHALL EXAS, BRINNG LOT 2 OF HIGHLAND TERRACE, AN UNREODRDED SUBDIVISION. AND BEING ALL OF THAT CERTAIN 2.500 ACRE TRACT OF LAND CALLED TRACT 1 DESCRIBED IN VOLUME 855, PAGE 340, NILLIAMSON COUNTY DEED RECORDS, SAID 2.500 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod found on the west right-of-way line of County. Road No. 122, being the southeast corner of the said Lot 2, for the southeast corner hereof? THENCE, with the south line of the said Lot 2, N89.57'22"E, 432.18 feet to an iron rod found at the southwest corner of said Lot 2, being the southeast corner of Lot 1, for the southwest corner hereof, THENCE, with the west line of said Lot 2, N00'05'33"E, at 227.15 feet passing an iron rod found, continuing on, in all, a total of 252.22 feet to an iron rod found at the northwest corner of said Lot 2, being the southwest corner of Lot 4, for the northwest corner hereof; THENCE, with the north line of said Lot 2, being the south line of said Lot 4, S89'53143"E, 432.14 feet to an iron rod found on the west line of the said County Road No. 122, at the northeast corner of said Lot 2. being the southeast corner of said Lot 4, for the northeast corner hereof: THENCE, with the west line of the said County Road No. 122, SOO.05'00"W, at 24.83 feet passing an iron rod found, continuing on, in all, a total of 251.76 feet to the PLACE OF BEGINNING. containing 2.500 acres of land, more or less. CRPfS#AW ENGINEERING, INC. Paul L. Easley, Regist ed Public Surveyor No. 4432 �AiEOFIprAs coinirl'� �i�eadna,+0'f�coa� ov ° theWaled pgps o/ lues es sba: p� 1W ft as° •!AN f WS C 05 gr Date < Z, ' o7D EXHIBIT C DEVELOPMENT STANDARDS FOR PARCEL 1 In accordance with Section 11.314 of the Round Rock Zoning Ordinance, the following use regulations, design standards and development standards shall apply to all development on the portion of the Property identified as Parcel 1 on the Parcel Map, attached to this ordinance as Exhibit "B", and further described by metes and bounds in Exhibit "B-1". Unless otherwise defined, all terms used shall correspond to the definitions in the City of Round Rock Code of Ordinances. 1. HOURS OF OPERATION Office hours shall not begin before 7:00 a.m. nor extend past 7:00 p.m. 2. BUILDING SIZE Individual buildings shall be limited to a maximum size of 4,000 square feet of gross floor area. More than one building may be located on a lot. 3. ORIENTATION Buildings within one hundred and fifty (150) feet of the rear property line abutting Lake Forest and Forest Ridge Subdivisions shall be generally aligned parallel with the rear property line. Front doors or any doors used for loading purposes on new buildings, including gates on dumpsters, shall not face directly onto the required fifty (50) foot landscape buffer abutting Lake Forest or Forest Ridge Subdivisions. Buildings within fifty (50) feet of 1620 Red Bud Lane shall be generally aligned parallel with the property line of 1620 Red Bud Lane. Front doors or any doors used for loading purposes on new buildings, including gates on dumpsters, shall not face directly onto the required twenty-five (25) foot landscape buffer abutting the western and northern property lines of 1620 Red Bud Lane. 4. FENCING Compatibility fencing required by the Code shall be installed prior to site development and building construction. 5. DESIGN STANDARDS 5.1 Masonry The exterior finish of all buildings shall be stone or brick, except for doors, windows and trim. Cement -based stucco may be used in combination with tile roofing only. 5.2 Pitched Roof Roof sections shall have a pitch no less than 4:12 and no greater than 8:12. 5.3 Roofing Materials Roofing material shall be 25 -year architectural dimensional shingles, tile, concrete or standing seam pre -finished metal. The color shall be restricted to earth tones (shades of brown, grey or green). 6. SETBACKS 6.1 Prohibited Structures within 150 Feet Detention facilities, light fixtures above three (3) feet high, dumpsters, drive aisles and parking areas are not permitted within one hundred fifty (150) feet of a property line abutting Lake Forest or Forest Ridge Subdivisions unless they are screened from the abutting Lake Forest or Forest Ridge lots by an intervening building. 6.2 Prohibited Structures within 50 Feet Notwithstanding Section 6.1 above, no structures are permitted within fifty (50) feet of a property line abutting Lake Forest or Forest Ridge Subdivisions except for the required compatibility fencing. This area shall be used for landscaping or open space only (including the required fifteen (15) foot landscape buffer in accordance with Section 11.501 of the Round Rock Zoning Ordinance, with the remaining area planted with grasses, groundcover and/or more intensive landscaping). 6.3 Setbacks Abutting 1620 Red Bud Lane No structures are permitted within twenty-five (25) feet of a property line abutting the tract located at 1620 Red Bud Lane except for the required compatibility fencing. This area shall be used for landscaping or open space only (including the required fifteen (15) foot landscape buffer in accordance with Section 11.501 of the Round Rock Zoning Ordinance, with the remaining area planted with grasses, groundcover and/or more intensive landscaping). In addition, light fixtures above three (3) feet high and dumpsters are not permitted within fifty (50) feet of a property line abutting the tract located at 1620 Red Bud Lane. In the event that the zoning on the tract located at 1620 Red Bud Lane is changed to a zoning district other than single-family residential, the restrictions specified in this Section 6.3 may be administratively amended in accordance with Section II.13. 6.4 Setbacks and Access Easements In the event that existing access easements abut a property line, setbacks and required landscape buffers shall be measured from the boundary of the access easement rather than the property line. 7. CONVERSION OF EXISTING RESIDENCES The following exceptions apply to existing residences, as of the date of this Plan, that are converted for office use. These exemptions do not apply if additions are made to an existing residence. 7.1 Compatibility Landscaping and Fencing Existing residences may be converted for office use without installing the fifteen (15) foot landscaped buffer adjacent to single-family zoned lots required by Code. Only compatibility fencing shall be required. The requirement for compatibility fencing shall only apply to property lines abutting Lake Forest or Forest Ridge Subdivisions. 7.2 Street Yard Landscaping Only the landscaping requirements associated with parking area screening shall be required for existing residences converted for office use. Additional street yard requirements shall not apply. 7.3 Size and Height Existing residences greater than 4,000 square feet and more than one (1) story may be used in their entirety as offices. 7.4 Design Standards Existing residences converted for office use are exempt from the design standards specified in Section 4 of this Exhibit "C". 7.5 Utilities The requirement for underground utilities shall not apply to existing residences converted for office use. 7.6 Setbacks Existing residences in violation of the setbacks established by this Plan shall be considered legally non -conforming and shall be allowed to remain in place but not expanded. EXHIBIT D DEVELOPMENT STANDARDS FOR PARCEL 2 In accordance with Section 11.314 of the Round Rock Zoning Ordinance, the following use regulations, design standards and development standards shall apply to all development on the portion of the Property identified as Parcel 2 on the Parcel Map, attached to this ordinance as Exhibit "B", and further described by metes and bounds in Exhibit "B-2". Unless otherwise defined, all terms used shall correspond to the definitions in the City of Round Rock Code of Ordinances. 1. BUILDING SIZE Individual buildings within one hundred (100) feet of the northern boundary of Parcel 2 shall be limited to a maximum size of 4,000 square feet of gross floor area. More than one building may be located on a lot. 2. ORIENTATION Buildings within one hundred and fifty (150) feet of the northern boundary of Parcel 2 shall be generally aligned parallel with the northern boundary line of Parcel 2. Front doors or any doors used for loading purposes on new buildings, including gates on dumpsters, shall not face directly onto the required fifty (50) foot landscape buffer abutting the northern boundary of Parcel 2. 3. FENCING Compatibility fencing required by the Code shall be installed along the northern boundary of Parcel 2 prior to site development and building construction. 4. SETBACKS 4.1 Prohibited Structures within 150 Feet Detention facilities, light fixtures above three (3) feet high, dumpsters, drive aisles and parking areas are not permitted within one hundred fifty (150) feet of the northern boundary of Parcel 2 unless they are screened from the adjacent property by an intervening building. 4.2 Prohibited Structures within 50 Feet Notwithstanding the above, no structures are permitted within fifty (50) feet of the northern boundary of Parcel 2 except for the required compatibility fencing. This area shall be used for landscaping or open space only (including the required fifteen (15) foot landscape buffer in accordance with Section 11.501 of the Round Rock Zoning Ordinance, with the remaining area planted with grasses, groundcover and/or more intensive landscaping). 5. CHANGES TO REGULATIONS In the event that the zoning on the adjacent property to the north of Parcel 2 is changed to a zoning district other than single-family residential, the restrictions specified in this Exhibit "D" may be administratively amended in accordance with Section II.13. 9 A a 0 w M W M, DEVELOPMENT PARCELS N W+ + E S Tract 11 Tract 12 Tra t 9 JENKINSON Tract 7 Tract 8 Parcel 1 Tract 6 Tract 5 Parcel 2 Tract 3 Tract 4 Tract 2 Tract 1 Parcel 3 Z -06-11-21-9B2 Rezoning of 27.5 acres of land to Planned Unit Development No. 69 Highland Terrace Located west of Red Bud Land and north of Gattis School Road AFTER RECORDING, PLEASE RETURN TO: j CITY OF ROUND ROCK CITY SECRETARY 221 E. MAIN STREET ROUND ROCK, TX 78664 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2006104332 11/30/2006 03:56 PM PHOLTZ $256.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS DATE: November 14, 2006 SUBJECT: City Council Meeting - November 21, 2006 ITEM: 9.B.2. Consider an ordinance rezoning 27.5 acres, located west of Red Bud Lane and north of Gattis School Road to PUD 69 (Planned Unit Development). (Also known as Highland Terrace) (First Reading) Department: Planning and Community Development Staff Person: Jim Stendebach, Planning and Community Development Director Justification: This Planned Unit Development (PUD) is the result of many months of negotiations between staff, the Highland Terrace property owners and the neighboring homeowners' associations (Lake Forest and Forest Ridge). Because the City annexed the property, staff is operating as the applicant for the proposed Planned Unit Development (PUD). The Planned Unit Development (PUD) includes all of the parcels in the Highland Terrace neighborhood except for one. (See attached map) This parcel (1620 Red Bud Lane) is owned by the Jenkinsons and they have opted to stay out of the Planned Unit Development (PUD) and remain residential. We are therefore recommending that they remain unzoned, which in accordance with the Zoning Ordinance, will allow them to be treated as if they were zoned SF -R (Single Family - Rural). The Planned Unit Development (PUD) divides the property into three parcels. (See attached map) Parcel 1 is limited to professional office and medical office uses, Parcel 2 is limited to professional office, medical office and day care uses, and Parcel 3 is limited to C-2 (local commercial) uses with some additional uses prohibited. Development anywhere within the Planned Unit Development (PUD) will have the following additional regulations above and beyond what is called for in the Zoning Ordinance: Buildings may be no more than one story. Trees anywhere within the Planned Unit Development (PUD) that are 20 inches or more must be preserved, and all trees within 50 feet of the single-family residences to the west and north must be preserved. ➢ The Planned Unit Development (PUD) also allows for some off-site signage so that properties without direct frontage on Red Bud Lane can still have a sign on Red Bud Lane. ➢ However, all the signs must be monument signs. ➢ Additionally, utilities must be underground. In addition to these regulations that apply to all of the property, the PUD further restricts PARCEL 1 as follows: ➢ The hours of operation of the offices are limited to 7:OOa.m - 7:OOp.m. ➢ Individual buildings are limited to 4,000 square feet and they must be generally aligned parallel with the rear property line and with the Jenkinson property line. ➢ Fencing must be installed prior to construction to help screen the construction from the neighboring residences. Justification Continued: ➢ Certain design standards related to the building materials and roof pitch must also be met. ➢ The first 50 feet from the rear property line adjacent to Lake Forest and Forest Ridge must remain undisturbed other than landscaping. ➢ Additionally, detention facilities, light fixtures, dumpsters, drive aisles and parking areas are prohibited within 150 feet of the rear property line unless they are screened by an intervening building. ➢ Special setbacks were also provided for the Jenkinsons that encourage nearby development to use new buildings to screen the parking areas. ➢ The PUD also provides certain exemptions for existing homes that are converted to offices. PARCEL 2 also has additional restrictions related to the Jenkinsons' southern property line. ➢ Individual buildings are limited to 4,000 square feet within 100' of the Jenkinsons' property line and they must be generally aligned parallel with the Jenkinson property line. ➢ Fencing must be installed prior to construction to help screen the Jenkinsons from the construction. ➢ The first 50 feet from the Jenkinsons must remain undisturbed other than landscaping. ➢ Additionally, detention facilities, light fixtures, dumpsters, drive aisles and parking areas are prohibited within 150 feet of the rear property line unless they are screened by an intervening building. With all of these regulations in place, we believe we have reached a fair compromise between the concerns of the neighbors regarding compatibility and the desire of the Highland Terrace property owners to market their properties for a viable use. Funding: Cost: N/A Source of funds: N/A Outside Resources: N/A Background Information: The property was annexed on April 13, 2006, but has not yet been zoned. Public Comment: Public notice was posted and a public hearing was held in accordance with the City of Round Rock's Zoning Ordinance at the Planning and Zoning Commission meeting on September 20, 2006 and again on October 25, 2006.