R-06-12-13-4A1 - 12/13/2006RESOLUTION NO. R -06-12-13-4A1
WHEREAS, the City of Round Rock wishes to enter into an
Annexation Development Agreement with Georgetown Railroad for 829.53
acres of land in Williamson County, Texas, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City an Annexation Development Agreement with Georgetown
Railroad for 829.53 acres of land, in Williamson County, Texas, a copy
of said Agreement being attached hereto as Exhibit "A" and incorporated
herein for all purposes.
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended.
RESOLVED this 13th day of December, 2006.
AofRou
, ayo
ATTEST:
CitRock, Texas
VH VAL Y0- Oki�
CHRISTINE RU MARTINEZ, City Secretary
0:\wdox\RES0LUTI\R61213A1.WPD/rmc
GEORGETOWN RAILROAD ANNEXATION DEVELOPMENT AGREEMENT
This GEORGETOWN RAILROAD ANNEXATION DEVELOPMENT AGREEMENT (this
"Agreement') is executed between the Georgetown Railroad Company, Inc. ("Owner") and the
City of Round Rock, Williamson County, Texas (the "City"), to be effective December 7, 2006
(the "Effective Date").
ARTICLE I
RECITALS
WHEREAS, the City is a home rule municipal corporation of the State of Texas; and
WHEREAS, Owner is a Texas Corporation; and
WHEREAS, Owner and the City are sometimes individually referred to as a "Party" and
collectively as the "Parties"; and
WHEREAS, Owner is the owner of the real property located in Williamson County, Texas (the
" oun "), and described by metes and bounds on Exhibit A (the "Pro a '); and
WHEREAS, the Property is located wholly within the extraterritorial jurisdiction ("ETT') of the
City; and
WHEREAS, Owner intended to utilize the Property for rock quarry and related uses; and
WHEREAS, the City Council of the City believes that it is in the best interest of the City for the
Property to be utilized for commercial and residential uses; and
WHEREAS, Owner now desires that the Property be annexed into the corporate limits of the
City, subject to the conditions in this Agreement; and
WHEREAS, Owner desires that upon annexation, the Property be developed in a manner
consistent with the Planned Unit Development Regulations in Exhibit B (the "PUD
Regulations") and the Special Regulations (the "Special Regulations") in Exhibit C; and
WHEREAS, the City intends to provide full municipal services to the Property following
annexation as required by Chapter 43 of the Texas Local Government Code; and
WHEREAS, Owner desires that the Property be annexed into the City's corporate limits and
developed pursuant to the PUD Regulations in accordance with the terms of this Agreement; and
WHEREAS, as consideration for and conditioned upon the City's approval of this Agreement
and the PUD Regulations, Owner shall not assert its claim to vested rights to operate a rock
quarry on the Property pursuant to Section 43.002 of the Texas Local Government Code and
common law; and
WHEREAS, the Parties have the authority to enter into this Agreement by, but not limited to, the
authority granted by Section 212.172 of the Texas Local Government Code; and
WHEREAS, the Parties intend that this Agreement is a development agreement as provided for
by state law in Section 212.171 et seq of the Texas Local Government Code.
NOW THEREFORE, for and in consideration of the mutual obligations of the Parties set forth in
this Agreement, and for other good and valuable consideration the receipt and adequacy of which
are acknowledged, the Parties agree as follows.
ARTICLE II
ANNEXATION AND ZONING
2.1 Request for Annexation and Zoninu. Simultaneously with the execution of this
Agreement, owner shall file with the City one or more petitions for voluntary annexation of the
Property into the corporate limits of the City using the form of petition attached as Exhibit D.
This Agreement shall be deemed to be an administratively complete application to zone the
Property in a manner consistent with the PUD Regulations.
2.2 Annexation and Zoning of the PropertM. Within 60 days after the Effective Date, the City
agrees to annex the Property into the City's corporate limits, to concurrently zone the Property as
a planned unit development district in a manner consistent with the PUD Regulations, which
PUD Regulations shall serve to specify the uses and development of the Property after
annexation, and to amend the General Plan 2000 in conformance with the PUD Regulations.
The Parties agree that the Property shall not be considered to be annexed and zoned in
accordance with the terms of this Agreement until all legally required notices have been
published, public hearings have been held, and City Council actions have been taken.
2.3 Conflict. In the event of any conflict between the PUD Regulations and any City
ordinances, plans, resolutions, policies, rules, or regulations, including but not limited to the
City's zoning and subdivision regulations, the PUD Regulations shall control. In any conflict
between the Special Regulations and the PUD Regulations, the Special Regulations shall control.
In any conflict between the Special Regulations and any City ordinances, plans, resolutions,
policies, rules, or regulations, including but not limited to the City's zoning and subdivision
regulations, the Special Regulations shall control.
2.4 Full Municipal. Services. The City agrees to comply with state law regarding the
provision of full municipal services to the Property following annexation of the Property into the
City's corporate limits.
ARTICLE III
DEVELOPMENT CHARGES
Owner agrees to pay all applicable fees payable in connection with the development or use of the
Property that are uniformly applied through the City.
ARTICLE IV
ADDITIONAL PROVISIONS
4.1 Recitals. The recitals contained in this Agreement: (a) are true and correct as of the
Effective Date; (b) form the basis upon which the Parties negotiated and entered into this
1?
Agreement; and (c) reflect the intent of the Parties with regard to the subject matter of this
Agreement. If it becomes necessary to interpret any provision of this Agreement, the intent of
the Parties, as evidenced by the recitals, shall be given full effect. The Parties have relied, to
their material detriment, upon the recitals as part of the consideration for entering into this
Agreement, and, but for the recitals, the Parties would not have entered into this Agreement.
4.2 Vested Rights, No Waiver of Rights. Notwithstanding anything in this Agreement to the
contrary, this Agreement shall constitute a "permit" (as defined in Chapter 245 of the Texas
Local Government Code) that is deemed filed with the City on the Effective Date. Except as
provided by this section, Owner does not, by entering into this Agreement, waive any rights or
obligations arising under Chapter 245 or under Chapter 43 of the Texas Local Government Code
or under any other provision of law (including, but not limited to, the right to claim a "taking"
under state or federal law and to challenge excessive fees charged by the City). Similarly, the
City does not waive (a) any defenses it may have to such rights and claims by Owner, or (b) any
rights and claims existing under Chapter 245 or under Chapter 43 of the Texas Local
Government Code or under any other provision of law. So long as land within the Property is
zoned in compliance with the PUD incorporated in this Agreement, or zoned with the consent of
the owner of the Property, Owner shall not assert any claim to vested rights to operate a stone
quarry on that land within the Property. The City agrees that by adopting this Agreement,
Owner, its successors, and assigns shall vest to the right to develop the Property in accordance
with the terms of the PUD Regulations, the Special Regulations and all other terms of this
Agreement.
4.3 Term. This Agreement is a development agreement authorized by Section 212.172 of the
Texas Local Government Code. The term of this Agreement shall be fifteen (15) years from the
Effective Date. The term of this Agreement shall not be affected by the fact that some or all of
the Property is annexed into the corporate limits of the City.
4.4 Authority. The City represents and warrants that this Agreement has been approved by
the action of the City Council of the City in accordance with all applicable public meeting and
public notice requirements (including, but not limited to, notices required by the Texas Open
Meetings Act) and that the individual executing this Agreement on behalf of the City has been
authorized to do so. Owner represents and warrants that this Agreement has been approved by
appropriate action of Owner and that the individual executing this Agreement on behalf of
Owner has been authorized to do so.
4.5 Recordation and Releases
(a) Recordation. Pursuant to the requirements of Section 212.172(f) of the
Texas Local Government Code, this Agreement, and all amendments to this Agreement,
shall be recorded in the deed records of the County. This Agreement shall be binding
upon the Parties, the Property; and future owners of all or any portion of the Property
(said future owners hereinafter referred to as "Successors"). Notwithstanding the
foregoing, however, this Agreement shall not be binding upon, and shall not constitute
any encumbrance to title as to, any end -buyer of a fully developed and improved lot
within the Property except for the PUD that apply to specific lots. For purposes of this
Agreement: (A) the term "end -buyer" means any owner, tenant, user, or occupant; and
3
(B) the term "fully developed and improved lot" means any lot, regardless of the use, for
which a final plat has been recorded. Owner shall maintain a written list of its Successors
who took title directly from Owner (including the notice information required by this
Agreement) and, upon written request from any Party or Successor shall make a copy of
such list (including the notice information) available to the requesting person or entity.
(b) Releases. From time to time upon written request of Owner or any
Successors, the City shall execute, in recordable form, a release of this Agreement with
respect to an end -buyer of a fully developed and improved lot (as such terms are defined
above in this section), subject to the continued applicability of the PUD Regulations in
accordance with this Agreement. The release forms shall be prepared by Owner or
Successor and subject to the approval of the City Attorney.
4.6 No Third Party Beneficiaries. This Agreement only inures to the benefit of, and may
only be enforced by, the Parties. No other person or entity shall have any right, title, or interest
under this Agreement or otherwise be deemed to be a third -party beneficiary of this Agreement.
4.7 Entire Agreement, Amendment; Severabilitx.
(a) This Agreement constitutes the entire agreement between the Parties and
supersedes all prior agreements and understandings, whether oral or written, concerning
the subject matter of this Agreement.
(b) This Agreement shall not be modified or amended except in writing
signed by the Parties. A copy of each amendment to this Agreement, when fully
executed and recorded, shall be provided by Owner to each Successor (based on the
records maintained by Owner and Successors pursuant to this Agreement); however, the
failure of Owner to do so shall not affect the validity of any amendment.
(c) If any provision of this Agreement is determined by a court to be
unenforceable, the unenforceable provision shall be deleted from this Agreement, the
unenforceable provision shall, to the extent possible, be rewritten to be enforceable and to
give effect to the intent of the Parties, and the remainder of this Agreement shall remain
in full force and effect and shall be interpreted to give effect to the intent of the Parties.
Without limiting the generality of the foregoing: (a) if it is determined that, as of the
Effective Date, Owner does not own a portion of the Property, this Agreement shall
remain in full force and effect with respect to all of the Property that Owner does own; or
(b) if it is determined that, as of the Effective Date, a portion of the Property is not within
the City's ETJ, this Agreement shall remain in full force and effect with respect to all of
the Property that is within the City's ETJ; or (c) if a court shall hold that the term of this
Agreement is unenforceable or in violation of Section 212.172 of the Texas Local
Government Code, this Agreement shall remain in full force and effect for the longest
period allowed by law, not to exceed the limitations on term set forth in Section 4.3
above.
4.8 Remedies. The Parties agree that this Agreement is enforceable. If a Party or Successor
fails to comply with this Agreement, all other Parties shall be entitled to immediate injunctive
4
relief and mandamus, to specific performance, and, to the maximum extent permitted by law, to
actual damages (but excluding special or consequential damages). No failure of a Party to
comply with the terms of this Agreement shall affect in any way the obligations of the City,
following annexation of the Property into its corporate limits, to provide full municipal services
to the Property in accordance with Chapter 43 of the Texas Local Government Code. The
remedies set forth in this section are the sole and exclusive remedies of the Parties for a Party's
failure to comply with this Agreement.
4.9 Federal Preemption. The Parties recognize that the Federal Railroad Safety Act of 1970
("RFSA"), codified in 49 U.S.C.A. § 20106 expressly pre-empts state and local regulations in
conflict with all Federal Rules and Regulations regarding the operation and safety of railroads,
including the preexisting railroad and related appurtenances on the Property.
4.10 Notices. Any notice or other communication required by this Agreement to be given,
provided, or delivered to a Party shall be in writing addressed to the Parties as set forth below.
Notices shall be considered "given" for purposes of this Agreement: (a) if by Certified Mail, five
business days after deposited with the U.S. Postal Service, Certified Mail, Return Receipt
Requested; (b) if by private delivery service (e.g., FedEx or UPS), on the date delivered to the
notice address as evidenced by a receipt signed by any person at the notice address; (c) if by
FAX, when sent, or (d) if by any other means (including, but not limited to, e-mail if an email
address is provided below), when actually received by the Party at the notice address.
The City of Round Rock
Jim Nuse
City Manager
221 E. Main Street
Round Rock, TX 78664
With a copy to:
Stephan L. Sheets
City Attorney
309 E. Main Street
Round Rock, TX 78664
Georgetown Railroad Company, Inc.
W. B. Snead, Chairman of the Board
P.O. Box 529
Georgetown, TX 78627-0529
With a copy to:
Hughes & Luce, LLP
Attn: Misty Ventura
1717 Main Street, Suite 2800
Dallas, Texas 75201
FAX: (214) 939-5849
E-mail: misty.ventura@hughesluce.com
Each Party has the right to change, from time to time, its notice addresses by giving at least 1 o
days written notice to the other Parties. If any time period provided in this Agreement ends on a
Saturday, Sunday, or legal holiday, the period shall be extended to the first business day
following such Saturday, Sunday or legal holiday.
4.11 Time. Time is of the essence in the performance by the Parties of their respective
obligations under this Agreement.
4.12 Applicable Law and Venue. This Agreement shall be interpreted in accordance with the
laws of the State of Texas. Venue shall be in Williamson County, Texas.
4.13 Non -Waiver. If a Party fails to insist on strict performance of any provision of this
Agreement, such failure shall not be deemed a waiver by such Party of its right to insist on strict
performance of such provision in the future or strict performance of any other provision of this
Agreement.
4.14 Further Documents. Each Party shall, upon request of the other Party, execute and
deliver such further documents and perform such further acts as may reasonably be requested to
effectuate the terms of this Agreement and achieve the intent of the Parties. To the maximum
extent possible under applicable law, the obligation of the City to execute such further
documents shall be interpreted to be administrative and ministerial in nature and shall not be
interpreted to involve the exercise of governmental discretion or constitute the performance of
governmental functions.
4.15 Conflict. In the event of any conflict between this Agreement and any City ordinances,
resolutions, or policies, this Agreement shall control.
4.16 Binding Effect. This Agreement is a covenant running with the land and shall be binding
on all subsequent owners of all or any portion of the Property.
4.17 Governmental Powers: Waivers of Immunity. By its execution of this Agreement, the
City does not waive or surrender any of its governmental powers, immunities, or rights.
4.18 Exhibits. The following exhibits are attached to this Agreement and are incorporated as
part of this Agreement for all purposes as if set forth in full in the body of this Agreement.
Exhibit A The Property
Exhibit B PUD Regulations
Exhibit C Special Regulations
Exhibit D Form Annexation Petition
ATTEST:
Name: Christine Martinez
City Secretary
CITY OF ROUND ROCK, TEXAS
By:
Name: Nyle Maxwell
Title: Mayor
Date:
0
GEORGETOWN RAILROAD COMPANY,
INC.
a Texas Corporation
Printed Name: William Snead
Title:
STATE OF TEXAS §
COUNTY OF Williamson§
This instrument was acknowledged before me on , 2006, by William
Snead, Chairman of the Board for Georgetown Railroad Company, Inc., a Texas Corporation, on
behalf of said corporation.
Notary Public in and for the State of Texas
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on , 2006, by Nyle
Maxwell, Mayor of the City of Round Rock, Texas, a Texas Home Rule City, on behalf of said
City.
Notary Public in and for the State of Texas
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
829.53 ACRES
Tract 1- 579.22 acres, more or less
Description of 875.68 acres, more or less, out of Ephraim Evans Survey, Abstract
No. 212 and the David Curry Survey, Abstract No. 130 in Williamson County
Texas; Recorded in Volume 880, Page 633 and 634 Deed Records of Williamson
County Texas.
Save and except the following two tracts:
1. 250.22 acres, more or less described as Tract III on page 2 of this exhibit
2. 46.24 acres, more or less, of Right of Way for FM 1431, which lies west of
the Georgetown Railroad, being part of the 56.316 acre tract described in
the Right of Way Deed recorded in volume 1112 pages 489-492 Deed
records of Williamson County.
Tract 2 - 250.31 acres, more or less
Description of 260.39 acres out of the Ephraim Evans Survey Abstract 212 and
the David Curry Survey. Abstract No. 130 in Williamson County Texas recorded
in Volume 880 page 635 and 636 Deed Records of Williamson County, Texas.
Save and except the following tract:
10.08 acres more or less of Right of Way for FM 1431 which lies east of the
Georgetown Railroad, being part of the 56.316 acre tract described in the Right
of Way deed recorded in Volume 1112, pages 489 & 492, Deed.
Exhibit "A" - Page I of 2
THE FIELD NOTES DESCRIBING TRACT III ARE FOR GENERAL REFERENCE ONLY.
THEY REPRESENT THEORETICAL CLOSURE OF PARTIAL SURVEYS.
THEY DO NOT REPRESENT ACUAL GROUND SURVEYS
Tract III
Being 250.22 acres of land in the Ephraim Evans League Survey in
Williamson County, Texas; said tract being a portion of the 875.68 acre
tract that was conveyed by deed dated June 30, 1982 from Westinghouse
Electric Corporation to Georgetown Railroad Company and recorded in the
Williamson County Deed records in Volume 880 page 633 and being more
particularly described as follows:
BEGINNING at an iron pin at the southwest corner of said 875.68
acre tract North 20° 53' 2" West a distance of 938.44 Feet to the Point
of Beginning.
THENCE along the northern boundary of the proposed Wyoming
Springs ROW said ROW being the southern and eastern boundary of the
tract herein described the following courses:
(1) 1306.53 feet along a curve to the right having a chord of
1225.38 feet bearing North 33° 47' 49" East and a radius of
1060.00 feet.
(2) North 69° 06' 27" East a distance of 2328.13 feet
(3) 1349.'71 feet along a curve to the left having a chord of
1236.72 feet bearing North 27° 58' 23" East and a radius of
940.00 feet.
(4) North 13° 09' 41" West a distance of 1484.15 feet to the
northeast corner of tract herein described. Said corner
being in the Southern ROW of Highway 1431.
THENCE along the ROW of Highway 1431 for the north line of the
tract herein described the following courses:
(1) South 760 50' 19" West a distance of 3193.88 feet
(2) South 730 37' 32" West a distance of 641.12 feet
(3) South 700 21' 17" west a distance of 481.93 feet to the
northwest corner of the tract herein described.
THENCE along the average line of a fence for the west line of the
tract herein described the following courses:
(1) South 200 54' 38" East a distance of 1718.97 feet
(2) South 670 51' 08" West a distance of 173.70 feet
(3) South 20' 53' 02" East a distance of 1760.29 feet to the
Point of Beginning and containing 250.22 acres of land,
more or less.
EXHIBIT B
PLANNED UNIT DEVELOPMENT REGULATIONS
GEORGETOWN RAILROAD COMPANY
PLANNED UNIT DEVELOPMENT NO. 71
THIS PLANNED UNIT DEVELOPMENT (this "PUD") is adopted and approved by
the CITY OF ROUND ROCK, TEXAS, (hereinafter referred to as the "City"). For
purposes of this PUD, the term Owner shall mean GEORGETOWN RAILROAD
COWANY, INC., its respective successors and assigns; provided, however, upon sale,
transfer or conveyance of portions of the hereinafter described property, the duties and
obligations of Owner, as it relates to the respective property, shall be assumed by the new
owner, and Owner shall have no further liability relating to their respective property.
WHEREAS, Owner is Owner of certain real property consisting of 829.53 acres, as more
particularly described in Exhibit `Bl", (herein after referred to as the "Property")
attached hereto and made a part hereof.
WHEREAS, Owner has submitted a request to the -City to zone the Property as a Planned
Unit Development.
WHEREAS, Owner has submitted, pursuant to Chapter 11, Section 11.314, Code of
Ordinances (1995 Edition), City of Round Rock, Texas, a PUD setting forth the
development conditions and requirements within the PUD; 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 November 29, 2006, the City's Planning and Zoning Commission
recommended approval of Owner's application for a PUD; and
WHEREAS, the City Council has reviewed the proposed PUD 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, the City hereby approves the following:
I. GENERAL PROVISIONS
1.01. CONFORMITY WITH PUD REGULATIONS
That all uses and development within the Property shall conform to the General
Requirements included in Section H herein.
1.02. CHANGES AND MQDINCATIONS
No changes or modifications will be made to this PUD unless all provisions pertaining to
changes or modifications as stated in Section 2.11 below are followed.
1.03. ZONING VIOLATION
Owner understands that any person, firm, corporation or other entity violating any
conditions or terms of the PUD 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.
1.04. LIEN HOLDER CONSENT
There is no lien holder of record with regard to the Property as of the date of this
Agreement.
1.05. PREEXISTING USES
All preexisting uses of the Property related to the operation of railroads, water wells, and
utilities, including but not limited to* pipelines, water towers, water storage tanks,
platforms, loading and unloading facilities, passenger and freight platforms, inter -modal
facilities, material, lading, and equipment storage and maintenance yards, shall be
conforming, legal uses and structures, and shall not at any time become nonconforming
or illegal uses or structures. All Preexisting Uses and Structures other than railroads and
structures related to railroad uses shall be allowed to expand. Railroad lines shall be
allowed to expand only to the extent to continue the existing three railroad sidetracks to
connect back to the Georgetown Railroad main line as depicted on the Land Use Plan,
and to add additional railroad tracks within 150 feet of existing railroad tracks.
1.06. MISCELLANEOUS PROVISIONS
1.06.1 Severabilitv
In case one or more provisions contained in this PUD are deemed invalid, illegal
or unenforceable in any respect such invalidity, illegality or unenforceability shall
not affect any other provisions of this PUD and in such event, this PUD shall be
construed as if such invalid, illegal or unenforceable provision had never been
contained in this PUD.
1. 06.2 Venue
All obligations of the PUD are performable in Williamson County, Texas, and
venue for any action shall be in Williamson County.
1.06.3 Effective Date
This PUD shall be effective from and after the date of approval by the City
Council.
l .06.4 Binding Effect
This PUD binds Owner and its successors and assigns.
1.06.5 Regulation of Discharge of Firearm
Texas Local Government Code Section 229.002, as amended, shall govern the
discharge of Firearms on the Property.
H. GENERAL REQUIREMENTS
2.01. 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."
2.02. PURPOSE
The purpose of this PUD is to ensure development that 1) is equal or superior to that
which 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.
2.03. APPLICABILITY OF CITY ORDINANCES
2.03.1 Zoniny, and Subdivision Ordinances
The Property shall be regulated for purposes of zoning and subdivision by this
PUD. All aspects not specifically covered by this PUD shall be regulated by
applicable sections of the Code. If there is a conflict between this PUD and the
Code, this PUD shall supersede the specific conflicting provisions of the Code.
2.03.2 Other Ordinances
All other Ordinances within the Code shall apply to the Property, except as clearly
modified by this PUD. In the event of a conflict, the terms of this PUD shall
control.
2.04. DEVELOPMENT AREAS
The Property Shall be divided into two (2) separate development areas as shown on the
land use plan attached as Exhibit `B2", attached hereto and incorporated herein. Tract 1
and Tract 2, as shown on Exhibit "B2", are hereinafter referred to as the Commercial
District and the Mixed Use District, respectively_
2.05. PERMITTED USES
The Property shall be used and developed in accordance with the requirements as set
forth in this PUD, and, if not set forth herein, by applicable sections of the Code, in effect
on the date this PUD is adopted by the City Council. The uses and development
standards for the Commercial District are contained in Exhibit `B3" and the uses and
development standards for the Mixed Use District are contained in Exhibit "B4".
2.06 PROHIBITED USES
The following uses are prohibited on the Property: mini -warehouses, flea markets,
sexually -oriented businesses (as defined in the Code), amusement parks or carnivals,
portable buildings (not including portable buildings used for temporary construction and
sales offices incidental to development of the property), except as incidental to other
retail sales, recreational vehicle sales, wholesale nurseries, outdoor shooting ranges, pawn
shops, heavy equipment sales, outdoor kennels (but not prohibiting pet shops and
veterinary clinics with overnight facilities), motor vehicle sales, paint and/or body shops
and truck stops.
2.07. 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. Preexisting lines on the Property shall not be subject to this Section 2.07.
2.08. TRAFFIC IMPACT ANALYSIS
Development of the Property shall be in accordance with the attached Land Use Plan,
and any approved traffic impact analysis, as provided in the Code, which shall be filed
with the City prior to the submission of any and all preliminary plats. If there is any
conflict concerning the alignment of Wyoming Springs Drive, Creek Bend Drive and FM
1431 between the Concept Plan and a traffic impact analysis, the Concept Plan controls.
The location of Wyoming Springs Drive, Creek Bend Drive, and FM 1431 shall be
generally as shown on the Concept Plan
2.09. STORMWATER FH.TRATION AND DETENTION
2.09.1 Drainage: Plans for drainage facilities shall be reviewed and approved by
the City for each portion of the Property as each such portion is subdivided.
2.09.2 Stormwater Facilities: Owner, at Owner's expense, shall construct all
stormwater, sedimentation, filtration and/or detention ponds (the "Stormwater Ponds')
necessary to serve: (i) the public roads on the Property (except for Stormwater Ponds
required for Wyoming Springs Drive, Creek Bend Drive, FM 1431, or any road required
to be placed on the Property without the consent of the Owner) and (ii) the lots or other
parcels of the Property. Owner may construct regional Stormwater Ponds serving
multiple lots or road segments, or Owner may delegate this responsibility to future lot
purchasers or a separate entity created for such purpose.
2.10. CHANGES TO PUD AND LAND USE PLAN
2. 10.1 Minor Chanizes
Minor changes to this PUD or the Land Use Plan which do not substantially or
adversely change this PUD or the Land Use Plan may be approved
administratively, if approved in writing, by the City Engineer, the Director of
Planning and Community Development, and the City Attorney.
2.10.2 Major Changes
All changes not permitted under section 2.10.1 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 on its own
motion or upon the application of any owner of property within the PUD, with the
understanding that Section 4.2 of the Georgetown Railroad Annexation
Development Agreement is and shall remain in full force and effect.
2.12. GENERAL PLAN 2000
This Agreement amends the Round Rock General Plan 2000, which was adopted on June
10, 1999.
LIST OF EXHIBITS
Exhibits
Description
Exhibit B-1
Legal Description of Property
Exhibit B-2
Land Use Plan
Exhibit B-3 Commercial Use Standards
Exhibit B-4 Mixed Use Standards
EXHIBIT B -I
LEGAL DESCRIPTION OF PROPERTY
829.53 ACRES
Tract 1— 579.22 acres, more or less
Description of 875.68 acres, more or less, out of Ephraim Evans Survey, Abstract
No. 212 and the David Curry Survey, Abstract No. 130 in Williamson County
Texas; Recorded in Volume 880, Page 633 and 634 Deed Records of Williamson
County Texas.
Save and except the following two tracts:
1. 250.22 acres, more or less described as Tract III on page 2 of this exhibit
2. 46.24 acres, more or less, of Right of Way for FM 1431, which lies west of
the Georgetown Railroad, being part of the 56.316 acre tract described in
the Right of Way Deed recorded in volume 1112 pages 489-492 Deed
records of Williamson County.
Tract 2 — 250.31 acres, more or less
Description of 260.39 acres out of the Ephraim Evans Survey Abstract 212 and
the David Curry Survey. Abstract No. 130 in Williamson County Texas recorded
in Volume 880 page 635 and 636 Deed Records of Williamson County, Texas.
Save and except the following tract:
1. 10.08 acres more or less of Right of Way for FM 1431 which lies east of
the Georgetown Railroad, being part of the 56.316 acre tract described in
the Right of Way deed recorded in Volume 1112, pages 489 & 492, Deed
Records of Williamson County.
THE FIELD NOTES DESCRIBING TRACT III ARE FOR GENERAL REFERENCE ONLY.
THEY REPRESENT THEORETICAL CLOSURE OF PARTIAL SURVEYS.
THEY DO NOT REPRESENT ACUAL GROUND SURVEYS
Tract III
Being 250.22 acres of land in the Ephraim Evans League Survey in
Williamson County, Texas; said tract being a portion of the 875.68 acre
tract that was conveyed by deed dated June 30, 1982 from Westinghouse
Electric Corporation to Georgetown Railroad Company and recorded in the
Williamson County Deed records in Volume 880 page 633 and being more
particularly described as follows:
BEGINNING at an iron pin at the southwest corner of said 875.68
acre tract North 20° 53' 2" West a distance of 938.44 Feet to the Point
of Beginning.
THENCE along the northern boundary of the proposed Wyoming
Springs ROW said ROW being the southern and eastern boundary of the
tract herein described the following courses:
(1) 1306.53 feet along a curve to the right having a chord of
1225.38 feet bearing North 33° 47' 49" East and a radius of
1060.00 feet.
(2) North 69' 06' 27" East a distance of 2328.13 feet
(3) 1349.71 feet along a curve to the left having a chord of
1236.72 feet bearing North 270 58' 23" East and a radius of
940.00 feet.
(4) North 13° 09' 41" West a distance of 1484.15 feet to the
northeast corner of tract herein described. Said corner
being in the Southern ROW of Highway 1431.
THENCE along the ROW of Highway 1431 for the north line of the
tract herein described the following courses:
(1) South 76° 50' 19" West a distance of 3193.88 feet
(2) South 730 37' 32" West a distance of 641.12 feet
(3) South 700 21' 17" west a distance of 481.93 feet to the
northwest corner of the tract herein described.
THENCE along the average line of a fence for the west line of the
tract herein described the following courses:
(1) South 200 54' 38" East a distance of 1718.97 feet
(2) South 671 51' 08" West a distance of 173.70 feet
(3) South 200 53' 02" East a distance of 1760.29 feet to the
Point of Beginning and containing 250.22 acres of land,
more or less.
EXHIBIT B-2
DESCRIPTION OF COMMERCIAL SUBDISTRICT
TRACT 1
Tract 1— 250.31 acres, more or less
Description of 260.39 acres out of the Ephraim Evans Survey Abstract 212 and
the David Curry Survey. Abstract No. 130 in Williamson County Texas recorded
in Volume 880 page 635 and 636 Deed Records of Williamson County, Texas.
Save and except the following tract:
1. 10.08 acres more or less of Right of Way for FM 1431 which lies east of
the Georgetown Railroad, being part of the 56.316 acre tract described in
the Right of Way deed recorded in Volume 1112, pages 489 & 492, Deed
Records of Williamson County.
EXHIBIT B-2
DESCRIPTION OF MIXED USE SUBDISTRICT
TRACT 2
Tract 2 — 579.22 acres, more or less
Description of 875.68 acres, more or less, out of Ephraim Evans Survey, Abstract
No. 212 and the David Curry Survey, Abstract No. 130 in Williamson County
Texas; Recorded in Volume 880, Page 633 and 634 Deed Records of Williamson
County Texas.
Save and except the following two tracts:
1. 250.22 acres, more or less described as Tract III on page 2 of this exhibit
2. 46.24 acres, more or less, of Right of Way for FM 1431, which lies west of
the Georgetown Railroad, being part of the 56.316 acre tract described in
the Right of Way Deed recorded in volume 1112 pages 489-492 Deed
records of Williamson County.
THE FIELD NOTES DESCRIBING TRACT III ARE FOR GENERAL REFERENCE ONLY.
THEY REPRESENT THEORETICAL CLOSURE OF PARTIAL SURVEYS
THEY DO NOT REPRESENT ACUAL GROUND SURVEYS
Tract III
Being 250.22 acres of land in the Ephraim Evans League Survey in
Williamson County, Texas; said tract being a portion of the 875.68 acre
tract that was conveyed by deed dated June 30, 1982 from Westinghouse
Electric Corporation to Georgetown Railroad Company and recorded in the
Williamson County Deed records in Volume 880 page 633 and being more
particularly described as follows:
BEGINNING at an iron pin at the southwest corner of said 875.68
acre tract North 20° 53' 2" West a distance of 938.44 Feet to the Point
of Beginning.
THENCE along the northern boundary of the proposed Wyoming
Springs ROW said ROW being the southern and eastern boundary of the
tract herein described the following courses:
(1) 1306.53 feet along a curve to the right having a chord of
1225.38 feet bearing North 33° 47' 49" East and a radius of
1060.00 feet.
(2) North 690 06' 27" East a distance of 2328.13 feet
(3) 1349.71 feet along a curve to the left having a chord of
1236.72 feet bearing North 270 58' 23" East and a radius of
940.00 feet.
(4) North 130 09' 41" West a distance of 1484.15 feet to the
northeast corner of tract herein described. Said corner
being in the Southern ROW of Highway 1431.
THENCE along the ROW of Highway 1431 for the north line of the
tract herein described the following courses:
(1) South 760 50' 19" West a distance of 3193.88 feet
(2) South 73° 37' 32" West a distance of 641.12 feet
(3) South 70° 21' 17" west a distance of 481.93 feet to the
northwest corner of the tract herein described.
THENCE along the average line of a fence for the west line of the
tract herein described the following courses:
(1) South 20° 54' 38" East a distance of 1718.97 feet
(2) South 67° 51' 08" West a distance of 173.70 feet
(3) South 200 53' 02" East a distance of 1760.29 feet to the
Point of Beginning and containing 250.22 acres of land,
more or less.
EXHIBIT B-3
COMMERCIAL DISTRICT STANDARDS
The commercial uses and limitations applicable to the Commercial District are as
follows:
1. General Regulations.
Unless otherwise specified, each use listed below shall comply with the density and
development standards of the existing C-1 (General Commercial) zoning district where
the use is allowed by right.
2. Permitted Commercial Uses.
(a) Community services
(b) Government facilities
(c) Indoor entertainment facilities
(d) Offices
(e) Overnight accommodations
(f) Schools, including business, trade and post -secondary education facilities
(g) Eating and drinking establishments
(h) Medical offices
(i) Retail sales and service
0) Passenger terminals
3. Permitted Residential Uses
Vertically mixed-use structures are permitted. A vertically mixed-use structure is a
structure wherein retail sales and services, hotels, and/or eating and drinking
establishments are located on the first floor, and retail sales and services, office, hotel,
eating and drinking establishments, office and/or residential uses are located above the
first floor. Any mixed use structure containing a residential use must have an enclosed
parking structure if the residential density for any structure is more than 20 units per acre.
4. Height Regulations.
Commercial uses, or mixed uses located within 1000 feet of IH 35 and/or FM 1431 shall
not exceed 12 stories in height.
EXHIBIT B-4
MIXED USE DISTRICT STANDARDS
The permitted uses and limitations applicable to the Mixed Use District are as follows:
1. General Regulations
(a) Residential Use. Unless otherwise specified, each use listed below shall
comply with density and development standards allowed in the appropriate
City zoning district where the use is allowed by right, or, subject to the
applicable conditions where it is allowed by right with conditions. Single-
family uses shall be regulated by existing SF -1 and SF -2 Zoning Districts.
Townhouses (i.e., multi -family uses with no more than 12 units per acre
and heights no greater than 2.5 stories) shall be regulated by the TH
Zoning District. Assisted care and Independent living facilities shall be
regulated by the SR Zoning District. Amenity centers shall be regulated by
PF -3 Zoning District. Residential uses, or mixed uses, located within 1,000
feet of FM 1431 shall be permitted a maximum height of 12 stories.
(b) Commercial Use. Unless otherwise specified, each use listed below
shall comply with the density and development standards allowed in the
appropriate City zoning district e) where the use is allowed by right, or,
subject to applicable conditions, in any district where it is allowed by right
with conditions. Commercial uses, or mixed uses, located within 1000 feet
of FM 1431 shall be permitted a maximum height of 12 stories.
(c) Commercial Location Restrictions. No commercial uses may be located
within 500 feet of the southern boundary of the PUD. Commercial uses
may not extend more than 1200 feet from the intersection of FM 1431 and
Wyoming Springs Drive, and no more than 600 feet from the intersection
of Wyoming Springs Drive and Creek Bend Blvd. These location
restrictions do not apply to vertically integrated structures. A vertically
integrated structure is a structure wherein retail sales and services, hotels,
and/or eating and drinking establishments are located on the first floor, and
office, retail and/or residential uses are located above the first floor
provided residential uses are included in at least two (2) of the upper
floors.
(d) Residential Restrictions.
(1) Residential uses within 200 feet of the southern boundary of the
PUD and within 350 feet of the Western right of way boundary of
Wyoming Springs Drive for a distance of 500 feet North of the
Southern boundary of the PUD shall be limited to single family
residences or open space. At least 20% of the single family
detached homes shall comply with SF -1 District development
regulations set forth in the Code. The remainder shall comply with
SF -2 District development regulations set forth in the Code.
(2) Residential uses located more than 200 feet, but less than 350 feet
of the southern boundary of the Mixed Use District shall be
restricted to 2 stories in height. Townhouses shall not exceed 12
dwelling units per acre. Apartments shall not exceed 20 dwelling
units per acre, unless an enclosed parking structure is provided, in
which case densities of up to 40 dwelling units per acre shall be
permitted.
2. Permitted Residential Uses. The following residential uses are permitted:
(a) Single -Family Detached Home,
(b) Single -Family, Zero Lot Line,
(c) Single -Family, Village Residential,
(d) Townhouse,
(e) Apartments,
(f) Amenity Center,
(g) Neighborhood Park,
(h) Linear/Linkages Park,
(i) Minor Utilities,
0) Condominiums, and
(k) Assisted care or independent care facilities.
3. Conditional Residential Uses: The following uses are permitted when
associated conditions are met:
(a) Group Home (six or fewer persons). Group Homes shall comply with the
State of Texas licensing requirements.
(b) Community Park. Any structure in the Community Park must be at least
100 feet from a lot line of a residential use.
(c) Day Care. All Day Cares shall meet the minimum state requirements for
day care facilities. Outdoor play or instruction areas shall be enclosed by
a wrought iron fence no less than six feet in height. A masonry fence, at
least six feet in height, shall be provided adjacent to any lot used for a
single family use.
(d)
Elementary School. Elementary Schools shall have a minimum 50 foot
front yard setback, and shall front on collector streets only. Portable
classrooms shall not be permitted on any street yard.
(e)
Middle School. Middle Schools shall have a minimum 50 foot front yard
setback, and shall front on major collector streets or minor arterial streets
only. Portable classrooms shall not be permitted on any street yard.
(f)
Intermediate Utilities. Intermediate utilities are required to have an eight -
foot high masonry fence (or alternate material approved by the City
zoning administrator). The facility shall be secured.
(g)
Attached Wireless Transmission Facility. Attached Wireless
Transmission Facilities must comply with City of Round Rock Code of
Ordinances Section 4.700 in effect on the Effective Date of the
Agreement.
(h)
Bed and breakfast. There shall be ten guest rooms or less. No food
preparation is allowed in individual guest rooms except for beverages.
Meals may be provided in an on-site restaurant, for overnight guests and
the public.
4. Permitted Commercial Uses. The following commercial uses are permitted:
(a) Community Services,
(b) Funeral Home,
(c) Government Facilities,
(d) Indoor Entertainment Activities,
(e) Office,
(f) Overnight Accommodations,
(g) Schools: Business, Trade and Post -Secondary Education Facilities,
(h) Eating and drinking establishments (except Eating Establishments with
Drive Through Service, see paragraph 5.(d) below),
(i) Medical Office,
0) Upper Story Residential,
(k) Retail Sales and Services, and
(1) Passenger Terminals.
5. Conditional Commercial Uses: The following uses are permitted when
associated conditions are met:
6.
(a) Auto Service Facilities. All repairs shall be conducted within an enclosed
building. All inoperable automobiles upon which repairs are to be
conducted shall be stored indoors or behind a minimum six-foot solid
screening fence. No repairs shall be conducted on any premise that abuts
a residential use. No automobile repair or service facility shall be
permitted to have bay doors facing a residential use.
(b) Carwash. All washing facilities shall occur under a roofed area with at
least two walls. Vacuuming facilities may be outside the building but
shall not be closer than 50 feet to any lot containing a residential use. The
building surface shall be faced with masonry or other material equal in
durability and appearance. The main structure shall not be closer than
100 feet to a lot with a residential use. The front yard setback shall be 50
feet. All off-street parking areas shall be paved. Any lights used to
illuminate the car wash shall be directed away from adjacent residential
uses.
(c) Commercial Parking. Trucks, tractor trucks, and semi -trailers may not be
parked in a commercial parking lot except for panel trucks, pickup trucks,
school buses, and those motor vehicles necessary and accessory to the
operation of uses permitted in the zoning district. No commercial parking
lot may be used as a towing service storage yard or as an abandoned
vehicle yard.
(d) Eating Establishments. Eating establishments with drive-through services
are prohibited within 150 feet of a lot with a residential use.
Public Facility Uses. Public Facilities uses shall comply with the PF -3 district
density and development standards.
(a) Permitted Public Facilities Uses. The following Public Facilities uses are
allowed by right in the Mixed Use District:
(1) Cemeteries, Mausoleums, Columbaria, Memorial Parks.
(2) Community Service.
(3) Government Facilities.
(4) Hospitals.
(b) Conditional Public Facilities Uses. The following Public Facility Uses are
allowed by right when the associated conditions are met:
(1) Hospital heliport. Hospital heliports shall comply with FAA
hospital heliport design standards (U.S. Department of
Transportation, Federal Aviation Administration, Advisory Circular
No. 150/5390-2A, as amended). Hospital Heliports shall be limited
in use to lift off and touch down areas only and shall not include
maintenance, storage or refueling facilities_ Touchdown and lift-off
areas may be located at ground level or on the roof -top of a hospital
facility. Ground level touchdown and lift-off areas shall be paved
and maintained in accordance with the Zoning Ordinance Section
11.502(8)(4). Touchdown and lift-off areas shall not be located on
required parking spaces for the hospital facility. Touchdown and
lift-off areas shall be shown on the site development plan submitted
for the hospital facility. Touchdown and lift-off areas shall not be
located within 1,000 feet of a lot with a residential use.
(2) High School. High Schools shall have a front yard setback of 50
feet, and shall front on a minor or major arterial road. Portable
classrooms shall not be permitted in any street yard.
(3) Major Utilities. Major Utilities are required to have an eight -foot
high masonry fence (or alternate material approved by the City
zoning administrator). The facility shall be secured.
EXHIBIT C
SPECIAL REGULATIONS
If an application for a plat conforms to all of the applicable provisions of the
Subdivision Regulations, the Planning and Zoning Commission shall approve it.
The phasing shown on a plat shall not be a reason for denial of a plat application,
as long as the plat application otherwise conforms to all of the applicable
provisions of the Subdivision Regulations. As used in this paragraph, the term
"plat" means a concept plan, a preliminary plat, final plat, or an amending plat.
2. Predevelopment conferences are not required.
3. For purposes of determining the "parent tract" as that term is defined in the
Subdivision Regulations, the Property shall be considered the parent tract.
4. Submittal of an annexation petition to the City shall not be a prerequisite to filing
a complete application for a concept plan, preliminary plat, final plat, or an
amending plat_
5. A final plat shall substantially conform to the approved preliminary plat that
preceded it.
6. A preliminary plat may consist of all or a portion of the property shown on an
approved concept plan. A final plat may consist of all or a portion of the property
shown on an approved preliminary plat.
7. To the extent that Owner is required to obtain from the City a building permit, a
certificate of occupancy, or any other permit of any kind for the construction or
development of any portion of the Property for a Preexisting Use as described in
Section 1.05 of these PUD Regulations, the City shall not require approval of a
plat as a condition to the issuance of such permit or certificate and such property
shall be considered a non recorded subdivision.
EXHIBIT D
ANNEXATION OR CITY LE%HTS EXTENSION
TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK, TEXAS.
The undersigned owners of the hereinafter described tract of land, which is vacant and without
residents, or on which less than three (3) qualified voters reside, hereby petition your Honorable
Body to extend the present city limits so as to include as a part of the City of Round Rock,
Texas, the following described territory, to -wit:
(See Exhibit "A" for field note description)
We hereby certify, under oath, that:
(1) WE ARE THE TRUE AND ONLY OWNERS OF THE ABOVE
DESCRIBED TRACT OF LAND and as evidence thereof we have attached as Exhibit 'B" a true
and current copy of the Warranty Deed whereby we acquired said property, and
(2) The above described tract of land is contiguous and adjacent to the current city limits of the
City of Round Rock, Texas.
Owner(s)
SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, by
this day of 20 A.D.
Notary Public, State of Texas
For Office Use Only
DATE RECEIVED:
CITY COUNCIL HEARING:
DATE: December 7, 2006
SUBJECT: City Council Meeting - December 13, 2006
ITEM: 4.A.1. Consider a resolution authorizing the Mayor to execute an Annexation
Development Agreement with Georgetown Railroad Company, Inc. for
829.53 acres.
Department: Planning and Community Development Department
Staff Person: Jim Stendebach, Planning and Community Development Director
Justification:
The agreement is part of the voluntary annexation of 829.5 acres.
Funding:
Cost:
Source of funds: N/A
Outside Resources: N/A
Background Information: N/A
Public Comment: N/A
RECEIVED AGR 2006112027
30 PGS
JAN 0 4 2007
GEORGETOWN RAILROAD ANNEXATION DEVELOPMENT AGREEMENT
This GEORGETOWN RAILROAD ANNEXATION DEVELOPMENT AGREEMENT (this
"Agreement") is executed between the Georgetown Railroad Company, Inc. ("Owner") and the
City of Round Rock, Williamson County, Texas (the "Qt '), to be effective December-; 2006
(the "Effective Date"). 13
ARTICLE I
RECITALS
WHEREAS, the City is a home rule municipal corporation of the State of Texas; and
WHEREAS, Owner is a Texas Corporation; and
WHEREAS, Owner and the City are sometimes individually referred to as a "Party" and
collectively as the "Parties"; and
WHEREAS, Owner is the owner of the real property located in Williamson County, Texas (the
"County"), and described by metes and bounds on Exhibit A (the "Pro a '); and
WHEREAS, the Property is located wholly within the extraterritorial jurisdiction ("ETP') of the
City; and
WHEREAS, Owner intended to utilize the Property for rock quarry and related uses; and
WHEREAS, the City Council of the City believes that it is in the best interest of the City for the
Property to be utilized for commercial and residential uses; and
WHEREAS, Owner now desires that the Property be annexed into the corporate limits of the
City, subject to the conditions in this Agreement; and
WHEREAS, Owner desires that upon annexation, the Property be developed in a manner
consistent with the Planned Unit Development Regulations in Exhibit B (the "PUD
Regulations") and the Special Regulations (the "Special Re lations") in Exhibit C; and
WHEREAS, the City intends to provide full municipal services to the Property following
annexation as required by Chapter 43 of the Texas Local Government Code; and
WHEREAS, Owner desires that the Property be annexed into the City's corporate limits and
developed pursuant to the PUD Regulations in accordance with the terms of this Agreement; and
WHEREAS, as consideration for and conditioned upon the City's approval of this Agreement
and the PUD Regulations, Owner shall not assert its claim to vested rights to operate a rock
quarry on the Property pursuant to Section 43.002 of the Texas Local Government Code and
common law; and
WHEREAS, the Parties have the authority to enter into this Agreement by, but not limited to, the
authority granted by Section 212.172 of the Texas Local Government Code; and
R-Uo- IR -15-4 41
1
WHEREAS, the Parties intend that this Agreement is a development agreement as provided for
by state law in Section 212.171 et seq of the Texas Local Government Code.
NOW THEREFORE, for and in consideration of the mutual obligations of the Parties set forth in
this Agreement, and for other good and valuable consideration the receipt and adequacy of which
are acknowledged, the Parties agree as follows.
ARTICLE II
ANNEXATION AND ZONING
2.1 Request for Annexation and Zoning. Simultaneously with the execution of this
Agreement, owner shall file with the City one or more petitions for voluntary annexation of the
Property into the corporate limits of the City using the form of petition attached as Exhibit D.
This Agreement shall be deemed to be an administratively complete application to zone the
Property in a manner consistent with the PUD Regulations.
2.2 Annexation and Zoning of the Property. Within 60 days after the Effective Date, the City
agrees to annex the Property into the City's corporate limits, to concurrently zone the Property as
a planned unit development district in a manner consistent with the PUD Regulations, which
PUD Regulations shall serve to specify the uses and development of the Property after
annexation, and to amend the General Plan 2000 in conformance with the PUD Regulations.
The Parties agree that the Property shall not be considered to be annexed and zoned in
accordance with the terms of this Agreement until all legally required notices have been
published, public hearings have been held, and City Council actions have been taken.
2.3 Conflict. In the event of any conflict between the PUD Regulations and any City
ordinances, plans, resolutions, policies, rules, or regulations, including but not limited to the
City's zoning and subdivision regulations, the PUD Regulations shall control. In any conflict
between the Special Regulations and the PUD Regulations, the Special Regulations shall control.
In any conflict between the Special Regulations and any City ordinances, plans, resolutions,
policies, rules, or regulations, including but not limited to the City's zoning and subdivision
regulations, the Special Regulations shall control.
2.4Full Municipal Services. The City agrees to comply with state law regarding the
provision of full municipal services to the Property following annexation of the Property into the
City's corporate limits.
ARTICLE III
DEVELOPMENT CHARGES
Owner agrees to pay all applicable fees payable in connection with the development or use of the
Property that are uniformly applied through the City.
ARTICLE IV
ADDITIONAL PROVISIONS
4.1 Recitals. The recitals contained in this Agreement: (a) are true and correct as of the
Effective Date; (b) form the basis upon which the Parties negotiated and entered into this
2
Agreement; and (c) reflect the intent of the Parties with regard to the subject matter of this
Agreement. If it becomes necessary to interpret any provision of this Agreement, the intent of
the Parties, as evidenced by the recitals, shall be given full effect. The Parries have relied, to
their material detriment, upon the recitals as part of the consideration for entering into this
Agreement, and, but for the recitals, the Parties would not have entered into this Agreement.
4.2 Vested Ri ts; No Waiver of Rights. Notwithstanding anything in this Agreement to the
contrary, this Agreement shall constitute a "permit" (as defined in Chapter 245 of the Texas
Local Government Code) that is deemed filed with the City on the Effective Date. Except as
provided by this section, Owner does not, by entering into this Agreement, waive any rights or
obligations arising under Chapter 245 or under Chapter 43 of the Texas Local Government Code
or under any other provision of law (including, but not limited to, the right to claim a "taking"
under state or federal law and to challenge excessive fees charged by the City). Similarly, the
City does not waive (a) any defenses it may have to such rights and claims by Owner, or (b) any
rights and claims existing under Chapter 245 or under Chapter 43 of the Texas Local
Government Code or under any other provision of law. So long as land within the Property is
zoned in compliance with the PUD incorporated in this Agreement, or zoned with the consent of
the owner of the Property, Owner shall not assert any claim to vested rights to operate a stone
quarry on that land within the Property. The City agrees that by adopting this Agreement,
Owner, its successors, and assigns shall vest to the right to develop the Property in accordance
with the terms of the PUD Regulations, the Special Regulations and all other terms of this
Agreement.
4.3 Term. This Agreement is a development agreement authorized by Section 212.172 of the
Texas Local Government Code. The term of this Agreement shall be fifteen (15) years from the
Effective Date. The term of this Agreement shall not be affected by the fact that some or all of
the Property is annexed into the corporate limits of the City.
4.4 Authority. The City represents and warrants that this Agreement has been approved by
the action of the City Council of the City in accordance with all applicable public meeting and
public notice requirements (including, but not limited to, notices required by the Texas Open
Meetings Act) and that the individual executing this Agreement on behalf of the City has been
authorized to do so. Owner represents and warrants that this Agreement has been approved by
appropriate action of Owner and that the individual executing this Agreement on behalf of
Owner has been authorized to do so.
4.5 Recordation and Releases.
(a) Recordation. Pursuant to the requirements of Section 212.172(f) of the
Texas Local Government Code, this Agreement, and all amendments to this Agreement,
shall be recorded in the deed records of the County. This Agreement shall be binding
upon the Parties, the Property; and future owners of all or any portion of the Property
(said future owners hereinafter referred to as "Successors'). Notwithstanding the
foregoing, however, this Agreement shall not be binding upon, and shall not constitute
any encumbrance to title as to, any end -buyer of a fully developed and improved lot
within the Property except for the PUD that apply to specific lots. For purposes of this
Agreement: (A) the term "end -buyer" means any owner, tenant, user, or occupant; and
3
(B) the term "fully developed and improved lot" means any lot, regardless of the use, for
which a final plat has been recorded. Owner shall maintain a written list of its Successors
who took title directly from Owner (including the notice information required by this
Agreement) and, upon written request from any Party or Successor shall make a copy of
such list (including the notice information) available to the requesting person or entity.
(b) Releases. From time to time upon written request of Owner or any
Successors, the City shall execute, in recordable form, a release of this Agreement with
respect to an end -buyer of a fully developed and improved lot (as such terms are defined
above in this section), subject to the continued applicability of the PUD Regulations in
accordance with this Agreement. The release forms shall be prepared by Owner or
Successor and subject to the approval of the City Attorney.
4.6 No Third Party Beneficiaries. This Agreement only inures to the benefit of, and may
only be enforced by, the Parties. No other person or entity shall have any right, title, or interest
under this Agreement or otherwise be deemed to be a third -party beneficiary of this Agreement.
4.7 Entire Agreement. Amendment: Severability.
(a) This Agreement constitutes the entire agreement between the Parties and
supersedes all prior agreements and understandings, whether oral or written, concerning
the subject matter of this Agreement.
(b) This Agreement shall not be modified or amended except in writing
signed by the Parties. A copy of each amendment to this Agreement, when fully
executed and recorded, shall be provided by Owner to each Successor (based on the
records maintained by Owner and Successors pursuant to this Agreement); however, the
failure of Owner to do so shall not affect the validity of any amendment.
(c) If any provision of this Agreement is determined by a court to be
unenforceable, the unenforceable provision shall be deleted from this Agreement, the
unenforceable provision shall, to the extent possible, be rewritten to be enforceable and to
give effect to the intent of the Parties, and the remainder of this Agreement shall remain
in full force and effect and shall be interpreted to give effect to the intent of the Parties.
Without limiting the generality of the foregoing: (a) if it is determined that, as of the
Effective Date, Owner does not own a portion of the Property, this Agreement shall
remain in full force and effect with respect to all of the Property that Owner does own; or
(b) if it is determined that, as of the Effective Date, a portion of the Property is not within
the City's ETJ, this Agreement shall remain in full force and effect with respect to all of
the Property that is within the City's ETJ; or (c) if a court shall hold that the term of this
Agreement is unenforceable or in violation of Section 212.172 of the Texas Local
Government Code, this Agreement shall remain in full force and effect for the longest
period allowed by law, not to exceed the limitations on term set forth in Section 4.3
above.
4.8 Remedies. The Parties agree that this Agreement is enforceable. If a Party or Successor
fails to comply with this Agreement, all other Parties shall be entitled to immediate injunctive
0
relief and mandamus, to specific performance, and, to the maximum extent permitted by law, to
actual damages (but excluding special or consequential damages). No failure of a Party to
comply with the terms of this Agreement shall affect in any way the obligations of the City,
following annexation of the Property into its corporate limits, to provide full municipal services
to the Property in accordance with Chapter 43 of the Texas Local Government Code. The
remedies set forth in this section are the sole and exclusive remedies of the Parties for a Party's
failure to comply with this Agreement.
4.9 Federal Preemption. The Parties recognize that the Federal Railroad Safety Act of 1970
("RFSA" ), codified in 49 U.S.C.A. § 20106 expressly pre-empts state and local regulations in
conflict with all Federal Rules and Regulations regarding the operation and safety of railroads,
including the preexisting railroad and related appurtenances on the Property.
4.10 Notices. Any notice or other communication required by this Agreement to be given,
provided, or delivered to a Party shall be in writing addressed to the Parties as set forth below.
Notices shall be considered "given" for purposes of this Agreement: (a) if by Certified Mail, five
business days after deposited with the U.S. Postal Service, Certified Mail, Return Receipt
Requested; (b) if by private delivery service (e.g., FedEx or UPS), on the date delivered to the
notice address as evidenced by a receipt signed by any person at the notice address; (c) if by
FAX, when sent, or (d) if by any other means (including, but not limited to, e-mail if an email
address is provided below), when actually received by the Party at the notice address.
The City of Round Rock
Jim Nuse
City Manager
221 E. Main Street
Round Rock, TX 78664
With a copy to:
Stephan L. Sheets
City Attorney
309 E. Main Street
Round Rock, TX 78664
Georgetown Railroad Company, Inc.
W. B. Snead, Chairman of the Board
P.O. Box 529
Georgetown, TX 78627-0529
With a copy to:
Hughes & Luce, LLP
Attn: Misty Ventura
1717 Main Street, Suite 2800
Dallas, Texas 75201
FAX: (214) 939-5849
E-mail: misty.ventura@hughesluce.com
E
Each Party has the right to change, from time to time, its notice addresses by giving at least 10
days written notice to the other Parties. If any time period provided in this Agreement ends on a
Saturday, Sunday, or legal holiday, the period shall be extended to the first business day
following such Saturday, Sunday or legal holiday.
4.11 Time. Time is of the essence in the performance by the Parties of their respective
obligations under this Agreement.
4.12 Applicable Law. and Venue. This Agreement shall be interpreted in accordance with the
laws of the State of Texas. Venue shall be in Williamson County, Texas.
4.13 Non -Waiver. If a Party fails to insist on strict performance of any provision of this
Agreement, such failure shall not be deemed a waiver by such Party of its right to insist on strict
performance of such provision in the future or strict performance of any other provision of this
Agreement.
4.14 Further Documents. Each Party shall, upon request of the other Party, execute and
deliver such further documents and perform such further acts as may reasonably be requested to
effectuate the terms of this Agreement and achieve the intent of the Parties. To the maximum
extent possible under applicable law, the obligation of the City to execute such further
documents shall be interpreted to be administrative and ministerial in nature and shall not be
interpreted to involve the exercise of governmental discretion or constitute the performance of
governmental functions.
4.15 Conflict. In the event of any conflict between this Agreement and any City ordinances,
resolutions, or policies, this Agreement shall control.
4.16 Binding Effect. This Agreement is a covenant running with the land and shall be binding
on all subsequent owners of all or any portion of the Property.
4.17 Governmental Powers: Waivers of Immunity. By its execution of this Agreement, the
City does not waive or surrender any of its governmental powers, immunities, or rights.
4.18 Exhibits. The following exhibits are attached to this Agreement and are incorporated as
part of this Agreement for all purposes as if set forth in full in the body of this Agreement.
Exhibit A The Property
Exhibit B PUD Regulations
Exhibit C Special Regulations
Exhibit D Form Annexation Petition
ATTEST:
1—ta Name: Chri ne Martinez
City Secretary
S&AWK,
Mayor,
Date:, II
GEORGETOWN RAILROAD COMPANY,
INC.
a Texas Corporation
Printed Name: William Snead
Title,( -- i f- (- , ,-7 -7
A.,2
STATE OF TEXAS §
COUNTY OF Williamson§
This instrument was acknowledged before me on ����,. 2006, by William
Snead, Cjiairman of the Board for Georgetown Railroad Company, Inc., a Texas Corporation, on
behalf of said corporation.
,Ai'e''Y'"'� :- DARRELL W. FRITSCH
MY COMMISSION EXPIRES
Match 11, 2007
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
Notary Public in and for the State of Texas
This instrument was acknowledged before me on_ 2006 by Nyle
Maxwell, Mayor of the City of Round Rock, Texas, a Texas Home Rule City on behalf of said
city.
N tary Public i and for the State of Texas
M
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
829.53 ACRES
Tract 1- 579.22 acres more or less
Description of 875.68 acres, more or less, out of Ephraim Evans Survey, Abstract
No. 212 and the David Curry Survey, Abstract No. 130 in Williamson County
Texas; Recorded in Volume 880, Page 633 and 634 Deed Records of Williamson
County Texas.
Save and except the following two tracts:
1. 250.22 acres, more or less described as Tract III on page 2 of this exhibit
2. 46.24 acres, more or less, of Right of Way for FM 1431, which lies west of
the Georgetown Railroad, being part of the 56.316 acre tract described in
the Right of Way Deed recorded in volume 1112 .pages 489-492 Deed
records of Williamson County.
Tract 2 - 250.31 acres, more or less
Description of 260.39 acres out of the Ephraim Evans Survey Abstract 212 and
the David Curry Survey. Abstract No. 130 in Williamson County Texas recorded
in Volume 880 page 635 and 636 Deed Records of Williamson County, Texas.
Save and except the following tract:
10.08 acres more or less of Right of Way for FM 1431 which lies east of the
Georgetown Railroad, being part of the 56.316 acre tract described in the Right
of Way deed recorded in Volume 1112, pages 489 & 492, Deed.
Exhibit "A" - Page 1 of 2
THE FIELD NOTES DESCRIBING TRACT III ARE FOR GENERAL REFERENCE ONLY,
THEY REPRESENT THEORETICAL CLOSURE OF PARTIAL SURVEYS.
THEY DO NOT REPRESENT ACUAL GROUND SURVEYS
Tract III
Being 250.22 acres of land in the Ephraim Evans League Survey in
Williamson County, Texas; said tract being a portion of the 875.68 acre
tract that was conveyed by deed dated June 30, 1982 from Westinghouse
Electric Corporation to Georgetown Railroad Company and recorded in the
Williamson County Deed records in Volume 880 page 633 and being more
particularly described as follows:
BEGINNING at an iron pin at the southwest corner of said 875.68
acre tract North 20° 53' 2" West a distance of 938.44 Feet to the Point
of Beginning.
THENCE along the northern boundary of the proposed Wyoming
Springs ROW said ROW being the southern and eastern boundary of the
tract herein described the following courses:
(1) 1306.53 feet along a curve to the right having a chord of
1225.38 feet bearing North 330 47' 49" East and a radius of
1060.00 feet.
(2) North 691 06' 27" East a distance of 2328.13 feet
(3) 1349.71 feet along a curve to the left having a chord of
1236.72 feet bearing North 271 58' 23" East and a radius of
940.00 feet.
(4) North 13° 09' 41" West a distance of 1484.15 feet to the
northeast corner of tract herein described. Said corner
being in the Southern ROW of Highway 1431.
THENCE along the ROW of Highway 1431 for the north line of the
tract herein described the following courses:
(1) South 760 50' 19" West a distance of 3193.88 feet
(2) South 730 37' 32" West a distance of 641.12 feet
(3) South 700 21' 17" west a distance of 481.93 feet to the
northwest corner of the tract herein described.
THENCE along the average line of a fence for the west line of the
tract herein described the following courses:
(1) South 200 54' 38" East a distance of 1718.97 feet
(2) South 67' 51' 08" West a distance of 173.70 feet
(3) South 20° 53' 02" East a distance of 1760.29 feet to the
Point of Beginning and containing 250.22 acres of land,
more or less.
EXHIBIT B
PLANNED UNIT DEVELOPMENT REGULATIONS
GEORGETOWN RAILROAD COMPANY
PLANNED UNIT DEVELOPMENT NO. 71
THIS PLANNED UNIT DEVELOPMENT (this "PUD") is adopted and approved by
the CITY OF ROUND ROCK, TEXAS, (hereinafter referred to as the "City"). For
purposes of this PUD, the term Owner shall mean GEORGETOWN RAILROAD
COMPANY, INC., its respective successors and assigns; provided, however, upon sale,
transfer or conveyance of portions of the hereinafter described property, the duties and
obligations of Owner, as it relates to the respective property, shall be assumed by the new
owner, and Owner shall have no further liability relating to their respective property.
WHEREAS, Owner is Owner of certain real property consisting of 829.53 acres, as more
particularly described in Exhibit "Bl", (herein after referred to as the "Property")
attached hereto and made a part hereof.
WHEREAS, Owner has submitted a request to the City to zone the Property as a Planned
Unit Development.
WHEREAS, Owner has submitted, pursuant to Chapter 11, Section 11.314, Code of
Ordinances (1995 Edition), City of Round Rock, Texas, a PUD setting forth the
development conditions and requirements within the PUD; 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 November 29, 2006, the City's Planning and Zoning Commission
recommended approval of Owner's application for a PUD; and
WHEREAS, the City Council has reviewed the proposed PUD 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, the City hereby approves the following:
I. GENERAL PROVISIONS
1.01. CONFORMITY WITH PUD REGULATIONS
That all uses and development within the Property shall conform to the General
Requirements included in Section 11 herein.
1.02. CHANGES AND MODIFICATIONS
No changes or modifications will be made to this PUD unless all provisions pertaining to
changes or modifications as stated in Section 2.11 below are followed.
1.03. ZONING VIOLATION
Owner understands that any person, firm, corporation or other entity violating any
conditions or terms of the PUD 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.
1.04. LIEN HOLDER CONSENT
There is no lien holder of record with regard to the Property as of the date of this
Agreement.
1.05. PREEXISTING USES
All preexisting uses of the Property related to the operation of railroads, water wells, and
utilities, - including but not limited to pipelines, water towers, water storage tanks,
platforms, Ioading and unloading facilities, passenger and freight platforms, inter -modal
facilities, material, lading, and equipment storage and maintenance yards, shall be
conforming, legal uses and structures, and shall not at any time become nonconforming
or illegal uses or structures. All Preexisting Uses and Structures other than railroads and
structures related to railroad uses shall be allowed to expand. Railroad lines shall be
allowed to expand only to the extent to continue the existing three railroad sidetracks to
connect back to the Georgetown Railroad main he as depicted on the Land Use Plan,
and to add additional railroad tracks within 150 feet of existing railroad tracks.
1.06. MISCELLANEOUS PROVISIONS
1.06.1 Severabilitv
In case one or more provisions contained in this PUD are deemed invalid, illegal
or unenforceable in any respect such invalidity, illegality or unenforceability shall
not affect any other provisions of this PUD and in such event, this PUD shall be
construed as if such invalid, illegal or unenforceable provision had never been
contained in this PUD_
1.06.2 Venue
All obligations of the PUD are performable in Williamson County, Texas, and
venue for any action shall be in Williamson County.
1.06.3 Effective Date
This PUD shall be effective from and after the date of approval by the City
Council.
1.06.4 Binding Effect
This PUD binds Owner and its successors and assigns_
1.06.5 Regulation of Discharge of Firearm
Texas Local Government Code Section 229.002, as amended, shall govern the
discharge of Firearms on the Property.
H. GENERAL REQUIREMENTS
2.01. 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."
2.02. PURPOSE
The purpose of this PUD is to ensure development that 1) is equal or superior to that
which 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.
2.03. APPLICABILITY OF CITY ORDINANCES
2.03.1 Zoning and Subdivision Ordinances
The Property shall be regulated for purposes of zoning and subdivision by this
PUD. All aspects not specifically covered by this PUD shall be regulated by
applicable sections of the Code. If there is a conflict between this PUD and the
Code, this PUD shall supersede the specific conflicting provisions of the Code.
2.03.2 Other Ordinances
All other Ordinances within the Code shall apply to the Property, except as clearly
modified by this PUD. In the event of a conflict, the terms of this PUD shall
control.
2.04. DEVELOPMENT AREAS
The Property Shall be divided into two (2) separate development areas as shown on the
land use plan attached as Exhibit `B2", attached hereto and incorporated herein. Tract 1
and Tract 2, as shown on Exhibit `B2", are hereinafter referred to as the Commercial
District and the Mixed Use District, respectively.
2.05. PERMITTED USES
The Property shall be used and developed in accordance with the requirements as set
forth in this PUD, and, if not set forth herein, by applicable sections of the Code, in effect
on the date this PUD is adopted by the City Council. The uses and development
standards for the Commercial District are contained in Exhibit `B3" and the uses and
development standards for the Mixed Use District are contained in Exhibit `B4".
2.06 PROHIBITED USES
The following uses are prohibited on the Property: mini -warehouses, flea markets,
sexually -oriented businesses (as defined in the Code), amusement parks or carnivals,
portable buildings (not including portable buildings used for temporary construction and
sales offices incidental to development of the property), except as incidental to other
retail sales, recreational vehicle sales, wholesale nurseries, outdoor shooting ranges, pawn
shops, heavy equipment sales, outdoor kennels (but not prohibiting pet shops and
veterinary clinics with overnight facilities), motor vehicle sales, paint and/or body shops
and truck stops_
2.07. 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. Preexisting lines on the Property shall not be subject to this Section 2.07.
2.08. TRAFFIC ACT ANALYSIS
Development of the Property shall be in accordance with the attached Land Use Plan,
and any approved traffic impact analysis, as provided in the Code, which shall be filed
with the City prior to the submission of any and all preliminary plats. If there is any
conflict concerning the alignment of Wyoming Springs Drive, Creek Bend Drive and FM
1431 between the Concept Plan and a traffic impact analysis, the Concept Plan controls.
The location of Wyoming Springs Drive, Creek Bend Drive, and FM 1431 shall be
generally as shown on the Concept Plan
2.09. STORAIWATER FILTRATION AND DETENTION
2.09.1 Drainage: Plans for drainage facilities shall be reviewed and approved by
the City for each portion of the Property as each such portion is subdivided.
2.09.2 Stormwater Facilities: Owner, at Owner's expense, shall construct all
stormwater, sedimentation, filtration and/or detention ponds (the "Stormwater Ponds")
necessary to serve: (i) the public roads on the Property (except for Stormwater Ponds
required for Wyoming Springs Drive, Creek Bend Drive, FM 1431, or any road required
to be placed on the Property without the consent of the Owner) and (ii) the lots or other
parcels of the Property. Owner may construct regional Stormwater Ponds serving
multiple lots or road segments, or Owner may delegate this responsibility to future lot
purchasers or a separate entity created for such purpose.
2.10. CHANGES TO PUD AND LAND USE PLAN
2.10.1 Minor Changes
Minor changes to this PUD or the Land Use Plan which do not substantially or
adversely change this PUD or the Land Use Plan may be approved
administratively, if approved in writing, by the City Engineer, the Director of
Planning and Community Development, and the City Attorney.
2.10.2 Major Changes
All changes not permitted under section 2.10.1 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 on its own
motion or upon the application of any owner of property within the PUD, with the
understanding that Section 4.2 of the Georgetown Railroad Annexation
Development Agreement is and shall remain in full force and effect.
212. GENERAL PLAN 2000
This Agreement amends the Round Rock General Plan 2000, which was adopted on June
10, 1999.
LIST OF EXHIBITS
Exhibits Description
Exhibit B-1 Legal Description of Property
Exhibit B-2 Land Use Plan
Exhibit B-3 Commercial Use Standards
Exhibit B-4 Minced Use Standards
EXHIBIT B-1
LEGAL DESCRIPTION OF PROPERTY
829.53 ACRES
Tract 1— 579.22 acres more or less
Description of 875.68 acres, more or less, out of Ephraim Evans Survey, Abstract
No. 212 and the David Curry Survey, Abstract No. 130 in Williamson County
Texas; Recorded in Volume 880, Page 633 and 634 Deed Records of Williamson
County Texas.
Save and except the following two tracts:
1. 250.22 acres, more or less described as Tract III on page 2 of this exhibit
2. 46.24 acres, more or less, of Right of Way for FM 1431, which lies west of
the Georgetown Railroad, being part of the 56.316 acre tract described in
the Right of Way Deed recorded in volume 1112 pages 489-492 Deed
records of Williamson County.
Tract 2 — 250.31 acres more or less
Description of 260.39 acres out of the Ephraim Evans Survey Abstract 212 and
the David Curry Survey. Abstract No. 130 in Williamson County Texas recorded
in Volume 880 page 635 and 636 Deed Records of Williamson County, Texas.
Save and except the following tract:
10.08 acres more or less of Right of Way for FM 1431 which lies east of
the Georgetown Railroad, being part of the 56.316 acre tract described in
the Right of Way deed recorded in Volume 1112, pages 489 & 492, Deed
Records of Williamson County.
THE FIELD NOTES DESCRIBING TRACT III ARE FOR GENERAL REFERENCE ONLY.
THEY REPRESENT THEORETICAL CLOSURE OF PARTIAL SURVEYS.
THEY DO NOT REPRESENT ACUAL GROUND SURVEYS
Tract III
Being 250.22 acres of land in the Ephraim Evans League Survey in
Williamson County, Texas; said tract being a portion of the 875.68 acre
tract that was conveyed by deed dated June 30, 1982 from Westinghouse
Electric Corporation to Georgetown Railroad Company and recorded in the
Williamson County Deed records in Volume 880 page 633 and being more
particularly described as follows:
BEGINNING at an iron pin at the southwest corner of said 875.68
acre tract North 200 53' 2" West a distance of 938.44 Feet to the
of Beginning. Point
THENCE along the northern boundary of the proposed Wyoming
Springs ROW said ROW being the southern and eastern boundary of the
tract herein described the following courses:
(1) 1306.53 feet along a curve to the right having a chord of
1225.38 feet bearing North 330 47' 49" East and a radius of
1060.00 feet.
(2) North 690 06' 27" East a distance of 2328.13 feet
(3) 1349.71 feet along a curve to the left having a chord of
1236.72 feet bearing North 270 58' 23" East and a radius of
940.00 feet.
(4) North 130 09' 41" West a distance of 1484.15 feet to the
northeast corner of tract herein described. Said corner
being in the Southern ROW of Highway 1431.
THENCE along the ROW of Highway 1431 for the north line of the
tract herein described the following courses:
(1)
South
760
50'
19"
West
a distance
of
3193.88
feet
(2)
South
730
37'
32"
West
a distance
of
641.12
feet
(3) South 700 21' 17" west a distance of 481.93 feet to the
northwest corner of the tract herein described.
THENCE along the average line of a fence for the west line of the
tract herein described the following courses:
(1) South 200 54' 38" East a distance of 1718.97 feet
(2) South 670 51' 08" West a distance of 173.70 feet
(3) South 200 53' 02" East a distance of 1760.29 feet to the
Point of Beginning and containing 250.22 acres of land,
more or less.
EXHIBIT B-2
DESCRIPTION OF COMMERCIAL SUBDISTRICT
TRACT 1
Tract 1— 250.31 acres more or less
Description of 260.39 acres out of the Ephraim Evans Survey Abstract 212 and
the David Curry Survey. Abstract No. 130 in Williamson County Texas recorded
in Volume 880 page 635 and 636 Deed Records of Williamson County, Texas.
Save and except the following tract:
10.08 acres more or less of Right of Way for FM 1431 which lies east of
the Georgetown Railroad, being part of the 56.316 acre tract described in
the Right of Way deed recorded in Volume 1112, pages 489 & 492, Deed
Records of Williamson County.
EXHIBIT B-2
DESCRIPTION OF MIXED USE SUBDISTRICT
TRACT 2
Tract 2 — 579,22 acres more or less
Description of 875.68 acres, more or less, out of Ephraim Evans Survey, Abstract
No. 212 and the David Curry Survey, Abstract No. 130 in Williamson County
Texas; Recorded in Volume 880, Page 633 and 634 Deed Records of Williamson
County Texas.
Save and except the following two tracts:
1. 250.22 acres, more or less described as Tract III on page 2 of this exhibit.
2. 46.24 acres, more or less, of Right of Way for FM 1431, which lies west of
the Georgetown Railroad, being part of the 56.316 acre tract described in
the Right of Way Deed recorded in volume 1-112 pages 489-492 Deed
records of Williamson County.
THE FIELD NOTES DESCRIBING TRACT III ARE FOR GENERAL REFERENCE ONLY.
THEY REPRESENT THEORETICAL CLOSURE OF PARTIAL SURVEYS.
THEY DO NOT REPRESENT ACUAL GROUND SURVEYS
Tract III
Being 250.22 acres of land in the Ephraim Evans League Survey in
Williamson County, Texas; said tract being a portion of the 875.68 acre
tract that was conveyed by deed dated June 30, 1982 from Westinghouse
Electric Corporation to Georgetown Railroad Company and recorded in the
Williamson County Deed records in Volume 880 page 633 and being more
particularly described as follows:
BEGINNING at an iron pin at the southwest corner of said 875.68
acre tract North 200 53' 2" West a distance of 938.44 Feet to the Point
of Beginning.
THENCE along the northern boundary of the proposed Wyoming
Springs ROW said ROW being the southern and eastern boundary of the
tract herein described the following courses:
(1) 1306.53 feet along a curve to the right having a chord of
1225.38 feet bearing North 33° 41' 49" East and a radius of
1060.00 feet.
(2) North 690 06' 27" East a distance of 2328.13 feet
(3) 1349.71 feet along a curve to the left having a chord of
1236.72 feet bearing North 270 58' 23" East and a radius of
940.00 feet.
(4) North 130 09' 41" West a distance of 1484.15 feet to the
northeast corner of tract herein described. Said corner
being in the Southern ROW of Highway 1431.
THENCE along the ROW of Highway 1431 for the north line of the
tract herein described the following courses:
(1) South 760 50' 19" West a distance of 3193.88 feet
(2) South 730 37' 32" West a distance of 641.12 feet
(3) South 70° 21' 17" west a distance of 481.93 feet to the
northwest corner of the tract herein described.
THENCE along the average line of a fence for the west line of the
tract herein described the following courses:
(1) South 200 54' 38" East a distance of 1718.97 feet
(2) South 670 51' 08" West a distance of 173.70 feet
(3) South 200 53' 02" East a distance of 1760.29 feet to the
Point of Beginning and containing 250.22 acres of land,
more or less.
EXHIBIT B-3
COMMERCIAL DISTRICT STANDARDS
The commercial uses and limitations applicable to the Commercial District are as
follows:
1. General Regulations.
Unless otherwise specified, each use listed below shall comply with the density and
development standards of the existing C-1 (General Commercial) zoning district where
the use is allowed by right.
2. Permitted Commercial Uses.
(a) Community services
(b) Government facilities
(c) Indoor entertainment facilities
(d) Offices
(e) Overnight accommodations
(i) Schools,including business, trade and post -secondary education facilities
(g) Eating and drinking establishments
(h) Medical offices
(i) Retail sales and service
0) Passenger terminals
3. Permitted Residential Uses
Vertically mixed-use structures are permitted. A vertically mixed-use structure is a
structure wherein retail sales and services, hotels, and/or eating and drinking
establishments are located on the first floor, and retail sales and services, office, hotel,
eating and drinking establishments, office and/or residential uses are located above the
first floor. Any mixed use structure containing a residential use must have an enclosed
parking structure if the residential density for any structure is more than 20 units per acre.
4. Height Reeulations.
Commercial uses, or mixed uses located within 1000 feet of IH 35 and/or FM 1431 shall
not exceed 12 stories in height.
EXHIBIT 13-4
MIXED USE DISTRICT STANDARDS
The permitted uses and limitations applicable to the Mixed Use District are as follows:
1. General Regulations
(a) Residential Use. Unless otherwise specified, each use listed below shall
comply with density and development standards allowed in the appropriate
City zoning district where the use is allowed by right, or, subject to the
applicable conditions where it is allowed by right with conditions. Single-
family uses shall be regulated by existing SF -1 and SF -2 Zoning Districts.
Townhouses (i.e., multi -family uses with no more than 12 units per acre
and heights no greater than 2.5 stories) shall be regulated by the TH
Zoning District. Assisted care and Independent living facilities shall be
regulated by the SR Zoning District. Amenity centers shall be regulated by
PF -3 Zoning District. Residential uses, or mixed uses, located within 1,000
feet of FM 1431 shall be permitted a maximum height of 12 stories.
(b) Commercial Use. Unless otherwise specified, each use listed below
shall comply with the density and development standards allowed in the
appropriate City zoning district e) where the use is allowed by right, or,
subject to applicable conditions, in any district where it is allowed by right
with conditions. Commercial uses, or mixed uses, located within 1000 feet
of FM 1431 shall be permitted a maximum height of 12 stories.
(c) Commercial Location Restrictions. No commercial uses may be located
within 500 feet of the southern boundary of the PUD. Commercial uses
may not extend more than 1200 feet from the intersection of FM 1431 and
Wyoming Springs Drive, and no more than 600 feet from the intersection
of Wyoming Springs Drive and Creek Bend Blvd. These location
restrictions do not apply to vertically integrated structures. A vertically
integrated structure is a structure wherein retail sales and services, hotels,
and/or eating and drinking establishments are located on the first floor, and
office, retail and/or residential uses are located above the first floor
provided residential uses are included in at least two (2) of the upper
floors.
(d) Residential Restrictions.
(1) Residential uses within 200 feet of the southern boundary of the
PUD and within 350 feet of the Western right of way boundary of
Wyoming Springs Drive for a distance of 500 feet North of the
Southern boundary of the PUD shall be limited to single family
residences or open space. At least 20% of the single family
detached homes shall comply with SF -1 District development
regulations set forth in the Code. The remainder shall comply with
SF -2 District development regulations set forth in the Code.
(2) Residential uses located more than 200 feet, but less than 350 feet
of the southern boundary of the Mixed Use District shall be
restricted to 2 stories in height. Townhouses shall not exceed 12
dwelling units per acre. Apartments shall not exceed 20 dwelling
units per acre, unless an enclosed parking structure is provided, in
which case densities of up to 40 dwelling units per acre shall be
permitted.
2. Permitted Residential Uses. The following residential uses are permitted:
(a) Single -Family Detached Home,
(b) Single -Family, Zero Lot Line,
(c) Single -Family, Village Residential,
(d) Townhouse,
(e) Apartments,
(f) Amenity Center,
(g) Neighborhood Park,
(h) Linear/Linkages Park,
(i) Minor Utilities,
0) Condominiums, and
(k) Assisted care or independent care facilities.
3. Conditional Residential Uses: The following uses are permitted when
associated conditions are met:
(a) Group Home (six or fewer persons). Group Homes shall comply with the
State of Texas licensing requirements.
(b) Community Park. Any structure in the Community Park must be at least
100 feet from a lot line of a residential use.
(c) Day Care. All Day Cares shall meet the minimum state requirements for
day care facilities. Outdoor play or instruction areas shall be enclosed by
a wrought iron fence no less than six feet in height. A masonry fence, at
least six feet in height, shall be provided adjacent to any lot used for a
single family use.
(d)
Elementary School. Elementary Schools shall have a minimum 50 foot
front yard setback, and shall front on collector streets only. Portable
classrooms shall not be permitted on any street yard.
(e)
Middle School. Middle Schools shall have a minimum 50 foot front yard
setback, and shall front on major collector streets or minor arterial streets
only. Portable classrooms shall not be permitted on any street yard.
(1)
Intermediate Utilities. Intermediate utilities are required to have an eight -
foot high masonry fence (or alternate material approved by the City
zoning administrator). The facility shall be secured.
(g)
Attached Wireless Transmission Facility. Attached Wireless
Transmission Facilities must comply with City
of Round Rock Code of
Ordinances Section 4,700 in effect on the Effective Date of the
Agreement.
(h)
Bed and breakfast. There shall be ten guest rooms or less. No food
preparation is allowed in individual guest rooms except for beverages.
Meals may be provided in an on-site
restaurant, for overnight guests and
the public.
4. Permitted Commercial Uses. The following commercial uses are permitted:
(a) Community Services,
(b) Funeral Home,
(c) Government Facilities,
(d) Indoor Entertainment Activities,
(e) Office,
0) Overnight Accommodations,
(g) Schools: Business, Trade and Post -Secondary Education Facilities,
(h) Eating and drinking establishments (except Eating Establishments with
Drive Through Service, see paragraph 5.(d) below),
(i)
Medical Office,
(j) Upper Story Residential,
(k) Retail Sales and Services, and
(1) Passenger Terminals.
6.
5. Conditional Commercial Uses. The following uses are permitted when
associated conditions are met:
(a) Auto Service Facilities. All repairs shall be conducted within an enclosed
building. All inoperable automobiles upon which repairs are to be
conducted shall be stored indoors or behind a minimum six-foot solid
screening fence. No repairs shall be conducted on any premise that abuts
a residential use. No automobile repair or service facility shall be
permitted to have bay doors facing a residential use.
(b) Carwash. All washing facilities shall occur under a roofed area with at
least two walls. Vacuuming facilities may be outside the building but
shall not be closer than 50 feet to any lot containing a residential use. The
building surface shall be faced with masonry or other material equal in
durability and appearance. The main structure shall not be closer than
100 feet to a lot with a residential use. The front yard setback shall be 50
feet. All off-street parking areas shall be paved. Any lights used to
illuminate the car wash shall be directed away from adjacent residential
uses.
(c) Commercial Parking. Trucks, tractor trucks, and semi -trailers may not be
parked in a commercial parking lot except for panel trucks, pickup trucks,
school buses, and those motor vehicles necessary and accessory to the
operation of uses permitted in the zoning district. No commercial parking
lot may be used as a towing service storage yard or as an abandoned
vehicle yard.
(d) Eating Establishments. Eating establishments with drive-through services
are prohibited within 150 feet of a lot with a residential use.
Public Facility Uses. Public Facilities uses shall comply with the PF -3 district
density and development standards.
(a) Permitted Public Facilities Uses. The following Public Facilities uses are
allowed by right in the Mixed Use District:
(1) Cemeteries, Mausoleums, Columbaria, Memorial Parks.
(2) Community Service.
(3) Government Facilities.
(4) Hospitals.
(b) Conditional Public Facilities Uses. The following Public Facility Uses are
allowed by right when the associated conditions are met:
(1) Hospital heliport. Hospital heliports shall comply with FAA
hospital heliport design standards (U.S. Department of
Transportation, Federal Aviation Administration, Advisory Circular
No. 150/5390-2A, as amended). Hospital Heliports shall be limited
in use to lift off and touch down areas only and shall not include
maintenance, storage or refueling facilities. Touchdown and lift-off
areas may be located at ground level or on the roof -top of a hospital
facility. Ground level touchdown and lift-off areas shall be paved
and maintained in accordance with the Zoning Ordinance Section
11.502(8)(d). Touchdown and lift-off areas shall not be located on
required parking spaces for the hospital facility. Touchdown and
lift-off areas shall be shown on the site development plan submitted
for the hospital facility. Touchdown and lift-off areas shall not be
located within 1,000 feet of a lot with a residential use.
(2) High School. High Schools shall have a front yard setback of 50
feet, and shall front on a minor or major arterial road. Portable
classrooms shall not be permitted in any street yard.
(3) Major Utilities. Major Utilities are required to have an eight -foot
high masonry fence (or alternate material approved by the City
zoning administrator). The facility shall be secured.
EXHIBIT C
SPECIAL REGULATIONS
1. If an application for a plat conforms to all of the applicable provisions of the
Subdivision Regulations, the Planning and Zoning Commission shall approve it.
The phasing shown on a plat shall not be a reason for denial of a plat application,
as long as the plat application otherwise conforms to all of the applicable
provisions of the Subdivision Regulations. As used in this paragraph, the term
"plat" means a concept plan, a preliminary plat, final plat, or an amending plat.
2. Predevelopment conferences are not required.
3. For purposes of determining the "parent tract" as that term is defined in the
Subdivision Regulations, the Property shall be considered the parent tract.
4. Submittal of an annexation petition to the City shall not be a prerequisite to filing
a complete application for a concept plan, preliminary plat, final plat, or an
amending plat.
5. A final plat shall substantially conform to the approved preliminary plat that
preceded it.
6. A preliminary plat may consist of all or a portion of the property shown on an
approved concept plan. A final plat may consist of all or a portion of the property
shown on an approved preliminary plat.
7. To the extent that Owner is required to obtain from the City a building permit, a
certificate of occupancy, or any other permit of any kind for the construction or
development of any portion of the Property for a Preexisting Use as described in
Section 1.05 of these PUD Regulations, the City shall not require approval of a
plat as a condition to the issuance of such permit or certificate and such property
shall be considered a non recorded subdivision.
C17"Im,
ANNEXATION OR CITY LEffrs EXTENSION
TO THE MAYOR AND GOVERNING BODY OF THE CITY OF ROUND ROCK, TEXAS_
The undersigned owners of the hereinafter described tract of land, which is vacant and without
residents, or on which less than three (3) qualified voters reside, hereby petition your Honorable
Body to extend the present city limits so as to include as a part of the City of Round Rock,
Texas, the following described territory, to -wit:
(See Exhibit "A" for field note description)
We hereby certify, under oath, that:
(I) WE ARE THE TRUE AND ONLY OWNERS OF THE ABOVE
DESCRIBED TRACT OF LAND and as evidence thereof we have attached as Exhibit 'B" a true
and current copy of the Warranty Deed whereby we acquired said property, and
(2) The above described tract of land is contiguous and adjacent to the current city limits of the
City of Round Rock, Texas.
Owner(s)
SUBSCRIBED AND SWORN TO BEFORE ME, a notary public, by
this day of 20 A.D.
Notary Public, State of Texas
For Office Use Only
DATE RECEIVED:
CITY COUNCIL HEARING:
R-06-12-13-4A1
Georgetown Railroad Annexation Development Agreement
Georgetown Railroad Company, Inc. & the City of Round Rock
For 829.53 acres
AFTER RECORDING, PLEASE RETURN TO:
i CITY OF ROUND ROCK
-- CITY SECRETARY
221 E. MAIN STREET
ROUND ROCK, TX 78664
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2006112027
12/22/2006 04:14 PM
PHOLTZ $132.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS