Z-05-05-26-11D1 - 5/26/2005ORDINANCE NO. Z —05-0.5-01(o— 1 10'
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a),
CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK,
TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID
OFFICIAL ZONING MAP, TO WIT: TO REZONE 19.31 ACRES OF
LAND, OUT OF THE ASA THOMAS SURVEY, ABSTRACT NO. 609,
IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM
DISTRICT PUD NO. 37 (PLANNED UNIT DEVELOPMENT) AND A
PORTION OF DISTRICT PUD NO. 36 (PLANNED UNIT
DEVELOPMENT) TO DISTRICT PUD NO. 62 (PLANNED UNIT
DEVELOPMENT).
WHEREAS, an application has been made to the City Council of
the City of Round Rock, Texas to amend the Official Zoning Map to
rezone 19.31 acres of land, out of the ASA Thomas Survey, Abstract
No. 609, in Round Rock, Williamson County, Texas, being more fully
described in Exhibit "A" attached hereto, from District PUD No. 37
(Planned Unit Development) and a portion of District PUD No. 36
(Planned Unit Development) to District PUD No. 62 (Planned Unit
Development), and
WHEREAS, the City Council has submitted the requested change
in the Official Zoning Map to the Planning and Zoning Commission
for its recommendation and report, and
WHEREAS, the Planning and Zoning Commission held a public
hearing concerning the requested change on the 18th day of May
2005, following lawful publication of the notice of said public
hearing, and
WHEREAS, after considering the public testimony received at
such hearing, the Planning and Zoning Commission has recommended
that the Official Zoning Map be amended so that the property
@PFDesktop\::ODMA/WORLDOX/O:/WDOX/ORDINANC/050526D1.WPD/sc
described in Exhibit "A" be zoned District PUD No. 62 (Planned Unit
Development), and
WHEREAS, on the 26th day of May, 2005, after proper
notification, the City Council held a .public hearing on the
requested amendment, and
WHEREAS, the City Council determines that the zoning provided
for herein promotes the health, safety, morals and protects and
preserves the general welfare of the community, and
WHEREAS, each and every requirement set forth in Chapter 211,
Sub -Chapter A., Texas Local Government Code, and Section 11.300 and
Section 11.400, Code of Ordinances (1995 Edition), City of Round
Rock, Texas concerning public notices, hearings, and other
procedural matters has been fully complied with, Now Therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS:
I.
That the Official Zoning Map adopted in Section 11.401(2)(a),
Code of Ordinances (1995 Edition), City of Round Rock, Texas, is
hereby amended so that the zoning classification of the property
described in Exhibit "A" is hereafter designated as District PUD
No. 62 (Planned Unit Development).
II.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
2.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
C. The City Council hereby finds and declares that written
notice of the date, hour, place and subject of the meeting at which
this Ordinance was adopted was posted and that such meeting was
open to the public as required by law at all times during which
this Ordinance and the subject matter hereof were discussed,
considered and formally acted upon, all as required by the Open
Meetings Act, Chapter 551, Texas Government Code, as amended.
Alternative 1.
By motion duly made, seconded and passed with an affirmative
vote of all the Council members present, the requirement for
reading this ordinance on two separate days was dispensed with.
READ, PASSED, and ADOPTED on first reading this 21.0 day
of
Makt
, 2005.
Alternative 2
READ and APPROVED on first reading this the day of
, 2005.
READ, APPROVED and ADOPTED on second reading this the
day of
, 2005.
WEL , or
City of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secretary
3.
19.31 Acres
ASA Thomas Survey A-609
Williamson County, Texas
EXHIBIT
"A"
FN 2825 (MLQ)
March 10, 2003
SAM, Inc. Job No. 23060-20
DESCRIPTION OF A 19.31 ACRE TRACT OF LAND LOCATED IN THE ASA THOMAS SURVEY,
ABSTRACT NO. 609, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF A
CALLED 20.356 ACRE TRACT OF LAND (TRACT 2) DESCRIBED IN THE DEED TO TODAY PRA
HICKERSON, L.P., AS RECORDED IN DOCUMENT NO. 2000049743 OF THE OFFICIAL PUBLIC RECORDS
OF WILLIAMSON COUNTY, TEXAS, AND A CALLED 1.90 ACRE TRACT OF LAND CONVEYED IN THE
DEED TO RB -3 ASSOCIATES, A NEW YORK GENERAL PARTNERSHIP AS RECORDED IN DOCUMENT
NO. 2002073317 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 19.31
ACRE TRACT OF LAND AS SHOWN ON THE ACCOMPANYING SKETCH, AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2 -inch iron rod with a SAM, Inc. plastic cap found in the south Right -of -Way (ROW) line of
Gattis School Road (a varying width ROW), same being in the east line of a called 4.7956 acre tract of land described
in the deed to Grace Presbyterian Church, as recorded in Document No. 199940052 of the Official Records of
Williamson County, Texas, for the southwest corner of a called 0.74 acre tract of land dedicated to the City of Round
Rock for ROW and recorded in Document No. 2002054922 of the Official Public Records of Williamson County,
Texas, same being the northwest corner of said remainder of a called 20.356 acre tract and the tract described herein,
from which a 1/2 -inch iron rod found for the northeast corner of said 4.7956 acre tract bears, N 19° 44' 42" W, a
distance of 50.53 feet;
THENCE leaving said east line with said south ROW line, same being the north lines of said remainder tract and
said 1.90 acre tract the following five (5) courses and distances:
1. with the arc of a curve to the left a distance of 35.93 feet through a central angle of 01° 25' 31", having
a radius of 1444.39 feet, and whose chord bears N 89° 01' 18" E, a distance of 35.93 feet to a concrete
monument found for a point of tangency,
2. N 88° 18' 34" E, passing a distance of 278.84 feet a 1/2 -inch iron rod with a SAM, Inc. plastic cap
found for the north common corner of said 1.90 acre tract and said remainder tract for a total distance of
424.28 feet to a concrete monument found,
3. S 60° 46' 25" E, a distance of 63.30 feet to a concrete monument found,
4. S 47° 03' 57" E, a distance of 50.00 feet to a concrete monument found, and
5. S 33° 21' 29" E, a distance of 63.30 feet to a concrete monument found in the east line of said 1.90 acre
tract, same being the west ROW line of A.W. Grimes Boulevard (120 -foot wide ROW) as described in
Document No. 2001038661 of the Official Public Records of Williamson County, Texas, for the
southeast corner of said 0.74 acre tract, same being a northeast corner of said 1.90 acre tract and the
tract described herein, from which a concrete monument found in said west ROW line for a northeast
corner of said 0.74 acre tract bears, N 02° 26' 27" W, a distance of 121.10 feet;
Page 1 of 4
19.31 Acres
ASA Thomas Survey A-609
Williamson County, Texas
FN 2825 (MLQ)
March 10, 2003
SAM, Inc. Job No. 23060-20
THENCE leaving said common line with the east lines of said remainder tract and said 1.90 acre tract, same being
said west ROW line the following four (4) courses and distances:
1. S 02° 26' 27" E, a distance of 89.77 feet to a concrete monument found for a point of curvature, from
which a concrete monument found in the east ROW line of said A.W. Grimes Boulevard bears,
N 87° 33' 33" E, a distance of 120.00 feet,
2. with the arc of a curve to the left passing at a distance of 95.49 feet a 1/2 -inch iron rod with a SAM,
Inc. plastic cap found for the east common comer of said 1.90 acre tract and said remainder tract,
continuing for a total distance of 655.47 feet through a central angle of 17° 31' 15", having a radius of
2143.48 feet, and whose chord bears, S 11° 12' 05" E, a distance of 652.92 feet to a concrete monument
found,
3. S 19° 57' 42" E, a distance of 288.04 feet to a concrete monument found for a point of curvature, and
4. with the arc of a curve to the left a distance of 583.20 feet through a central angle of 35° 29' 31", having
a radius of 941.47 feet, and whose chord bears S 37° 42' 28" E, a distance of 573.92 feet to a 1/2 -inch
iron rod found for the north comer of the remainder of a called 33.509 acre tract of land described in the
deed to Dell Computer Holdings, L.P., as recorded in Document No. 1999971259 of the Official Public
Records of Williamson County, Texas, same being the southeast comer of said remainder tract, and the
tract described herein, from which a concrete monument found for a point of tangency in said west
ROW line bears with the arc of a curve to the left a distance of 505.05 feet, through a central angle of
30° 44' 09", having a radius of 941.47 feet, and a chord which bears, S 700 49' 18" E, a distance of
499.01 feet;
THENCE leaving said common line and with the common line of said 33.509 acre tract, and said remainder tract,
S 50° 45' 49" W, a distance of 605.92 feet to a 1/2 -inch iron rod found in the east line of Windy Park Section Two -
Revised, a subdivision of record in Cabinet I, Slide 232 of the Plat Records of Williamson County, Texas, for the
northwest corner of said 33.509 acre tract, same being the southwest corner of said remainder tract and the tract
described herein, from which a 1/2 -inch iron rod found for the southwest corner of said 33.509 acre tract bears,
S 19° 44' 42" E, a distance of 640.36 feet;
Page 2 of 4
19.31 Acres
ASA Thomas Survey A-609
Williamson County, Texas
FN 2825 (MLQ)
March 10, 2003
SAM, Inc. Job No. 23060-20
THENCE with the west line of said 20.356 acre tract, and the east lines of said Windy Park, a called 1.301 acre tract,
conveyed in the deed to Robert Espinoza, et. al. as recorded in Document No. 2000014735 of the Official Public
Records of Williamson County, Texas, a called 2.7412 acre tract conveyed to Joseph V. Gregor and spouse, Judith E.
Gregor as recorded in Volume 2516, Page 853, of the Official Records of Williamson County, Texas, a called 2.00
acre tract conveyed to The Kent Revocable Trust as recorded in Document No. 9721630 of the Official Records of
Williamson County, Texas, a called 4.21 acre tract conveyed to The Kent Revocable Trust as recorded in Document
No. 9721630 of the Official Records of Williamson County, Texas, and said 4.7956 acre tract, N 19° 44' 42" W, a
distance of 2064.28 feet (called N 17° 56' W in Document No. 2000049743 of the Official Public Records of
Williamson County, Texas) to the POINT OF BEGINNING, and containing 19.31 acres of land, more or less.
This is not a boundary survey and is meant for exhibit purposes only.
Bearing Basis: Bearings are based on the Texas State Plane Coordinate System, NAD 83, Central Zone and adjusted
to surface using a surface adjustment factor of 1.00012, as provided by Doug Anderson, RPLS, Survcon, Inc.
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TRAVIS
That I, Paul L. Easley, a Registered Professional Land Surveyor, do hereby certify that the above description
is true and correct to the best of my knowledge and belief and that the property described herein was determined by a
survey made on the ground during January 2003 under my direction and supervision.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 1 lth day of March 2003 A.D.
SURVEYING AND MAPPING, Inc.(0... F
5508 West Highway 290, Building Bg TE'ti.'rqAustin, Texas 78735 ROgk„ Z��-.-t0r
432 , c
114;
°U ;
Page 3 of 4
Paul L. Easley
Registered Professional Land Surv? o
No. 4432 - State of Texas
L1
S60'46'25"E
63.30'
L2
547'03'57"E
50.00'
L3
S33"21'29"E
63.30'
CALLED 0.74 ACRE DEDICATED
TO THE CITY OF ROUND ROCK
DOC. f 2002054922
O,P,R.W.C.TX.
N19'44'42"W _�
50.53' P.O.B.
C1
CALLED 4.7956 AC.
GRACE PRESBYTERIAN CHURCH
DOC. f 199940052
O.R.WC.TX.
GATTIS SCHOOL ROAD
(RO.W. WIDTH VARIES)
N8898'34"E •424.28' 4/
278.84' (2
CALLED 4.21 AC.
THE KENT REVOCABLE TRUST
DOC. f 9721630
O.R.W.C.TX.
0
R=2143.48'
L=95.49'
L -
19.31 ACRES
00 G
inSt
OA6CwVB
f.043 021 OG 6 -
OR
/ o
r'
D y7412 A pNpNs
MCAS JuDg HEfG s53GOR
CALLED 1.90 AC.
RB -3 ASSOCIATES.
A NEW YORK GENERAL
PARTNERSHIP
DOC. f 2002073317
0.P.R.W.C.TX.
( )
ROW
P.O.B.
LEGEND
CALI- 1402A. 4735
ROHOEa NPRW
•
• CONCRETE MONUMENT FOUND
• 1/2- IRON ROD FOUND
O 1/2" IRON ROD W/SAM INC. PLASTIC CAP FOUND
A CALCULATED POINT
RECORD INFORMATION
RIGHT-OF-WAY
POINT OF BEGINNING
BLOCK A
D.R.W.C.Tx. DEED RECORDS WILLIAMSON COUNTY, TEXAS
P.R,W,C,Tx. PLAT RECORDS WILLIAMSON COUNTY, TEXAS
O.R.W.C.Tx. OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS
0.P.R.W.C.Tx. OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
BEARING BASIS: BEARINGS ARE BASED ON THE TEXAS
STATE PLANE COORDINATE SYSTEM,
NAD 83, CENTRAL ZONE AND ADJUSTED TO SURFACE
USING A SURFACE ADJUSTMENT FACTOR OF 1,00012. AS
PROVIDED BY DOUG ANDERSON, RPLS, SURVCON, INC.
I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE
GROUND UNDER MY DIRECTION AND SUPERVISION AND
THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST 0
M� WLEDGE AND BELIEF.
03/11/03
PAUL L. EASLEY
REGISTERED PROFESSIONAL LAND SURV YOR
NO. 4432 - STATE OF TEXAS
DATE
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13070
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01
11
12
13
14
15
6
17
18
ID
3
BLOCK C
7-
S02'26'27"E
89.77'
N87'33'33"E
120.00'
i
150 0
150 300
GRAPHIC SCALE
SCALE :1"=300 FEET
MARCH 2003
ASA THOMAS SURVEYA-609
WILLIAMSON COTINTY, TEXAS
A.W. GRIMES BOULEVARD
DOC. 1 2001038661
(UNDER CONSTRUCTION)
(120' -WIDE ROW)
03 01
cP
'0 N;
4
5
6
WINDY PARK
SECTION TWO -REVISED
CAB. I, SL. 232
OF
15,e1:4•f÷
PAUL L. EASLEY
N.
tpo 4432
,s.: e
9+0••••••••••%.
tiy g1•%.
� S`UR �•
C3
1" TA
0
C1
Q =01'25'31"
R=1444.39'
L=35.93'
T=17.97'
CB=N89'01'18"E
C=35.93'
C2
Q =17'31'15"
R=2143.48'
L=655.47'
T=330.31'
CB =511'12'05'E
C=652.92'
C3
Q=3529'31"
R=941.47'
T=301.30'
1=583.20'
CB=S37'42'28"E
C=573.92'
C4
30'44'09"
R=941.47'
T-25&76'
L=505.05'
C8=570'49'18'E
C=499.01'
WTH
C4
REMAINDER OF
A CALLED 33.509 AC.
DELL COMPUTER HOLDINGS, LP.
DOC. i 1999971259
O.P.R.WC.TK
PAGE 4 OF 4
FIELNOTE NO. 2825
PROJECT: OVERALL PARCELS l&2
J08 NUMBER: 23060-20
DATE: 03-11-03
SURVEYOR: PLE
PARTY CHIEF: I.G/WM
FIEL08001I.,
FIELONOTE: 2825
TECHNICIAN: M1.0
` DRAWING: FN2825.0W0
\ SCALE: 1'= 300'
5508 WEST HIGHWAY 290
BUILDING B
IN AUsrIN TEAAs, 78735
(512) 447-0575
FAA: (512) 326-3029
EMAIL: SAMOSAMINCAUS. COM
FIELD NOTE
SKETCH
NO. 2825
Rezone from PUD No. 37 and a portion of PUD No. 36
to PUD No. 62
19.31 Acres
Gattis School Rd
if A
0416
Subject
Tract
19.31 ac.
DATE: May 20, 2005
SUBJECT: City Council Meeting - May 26, 2005
ITEM: 11.D.1. Consider an ordinance rezoning 19.31 acres of land from District PUD
No. 37 (Planned Unit Development) and a portion of District PUD No.
36 (Planned Unit Development) to District PUD No. 62 (Planned Unit
Development). (Provident Crossings) (First Reading)
Department: Planning and Community Development Department
Staff Person: Jim Stendebach, Planning and Community Development Director
Justification:
The proposed PUD will encompass all of PUD 37 and a portion of PUD 36. Both of these
existing PUDs are primarily devoted to business park uses. The proposed PUD will change the
uses on the property from business park to commercial so that the new PUD will match the
regulations and standards of PUD 56 (Randall's Town Centre) which is immediately adjacent on
the east side of A.W. Grimes Blvd. (The developer of the proposed PUD is the same developer
of Randall's Town Centre.) A comparison of the proposed PUD and the existing PUDs is shown
on the attached spreadsheet.
The current zoning allows for potentially more intense uses than the proposed zoning. Given
the proximity of the proposed PUD to residential homes, a less intense use seems more
appropriate. The developer has also met with the neighboring homeowners on a number of
occasions to ensure that the proposed development is compatible with the adjacent
neighborhood. In addition, using the same regulations and standards as the existing
neighboring commercial development ensures compatibility with the shopping center on the
other side of A.W. Grimes.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: Greg Bourgeois, Jones & Carter, Inc.
Background Information:
The property was originally zoned PUD 36 and PUD 37 in 1999. The boundaries of PUD 36 and
PUD 37 were then modified in 2001 by the creation of PUD 56 (Randall's Town Centre). (See
attached graphics showing PUD history and current boundaries.)
On May 18, 2005, the Planning and Zoning Commission rendered a favorable recommendation
to re -zone the property from PUD No. 36 and PUD No. 37 to PUD No. 62.
Public Comment:
Public Notice and a public hearing were held in accordance with the City of Round Rock's
Zoning Ordinance. Notification was sent out to neighboring property owners and a public
hearing was held on May 18, 2005, at the regular meeting of the Planning and Zoning
Commission.
AGREEMENT AND DEVELOPMENT PLAN
PROVIDENT CROSSINGS PUD
PLANNED UNIT DEVELOPMENT NO. 62
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
THIS AGREEMENT AND DEVELOPMENT PLAN (this "Agreement") is made and
entered by and between the CITY OF ROUND ROCK, TEXAS, a Texas municipal
corporation, having its offices at 221 East Main Street, Round Rock, Texas 78664
(hereinafter referred to as the "City"), and TODAY PRA HICKERSON, L.P., a Texas
limited partnership, its successors and assigns, having their offices at 975 One Lincoln
Centre, 5400 LBJ Freeway, Dallas, Texas, 75240; and RB -3 ASSOCIATES, a New York
partnership, its successors and assigns, having their offices at 8441 Cooper Creek
Boulevard University Park, Florida 34201; and THE BENDERSON 85-1 TRUST, a New
York Trust, its successors and assigns, having their offices at 8441 Cooper Creek
Boulevard University Park, Florida 34201 (hereafter collectively referred to as the
"Owners"). For purposes of this Agreement, the term Owners shall mean TODAY PRA
HICKERSON, L.P., RB -3 ASSOCIATES, and THE BENDERSON 85-1 TRUST, their
respective successors and assigns; provided, however, upon sale, transfer or
conveyance of portions of the hereinafter described property, the duties and obligations
of the Owners, as it relates to the respective property, shall be assumed by the new
owner, and the Owners shall have no further liability relating to their respective
property.
WHEREAS, the Owners are the owners of certain real property consisting of 19.31
acres, as more particularly described in Exhibit "A", (herein after referred to as the
"Property") attached hereto and made a part hereof.
WHEREAS, The Owners have submitted a request to the City to rezone the Property as
a Planned Unit Development (the "PUD").
WHEREAS, pursuant to Chapter 11, Section 314, Code of Ordinances (1995 Edition),
City of Round Rock, Texas, the Owners have submitted a Development Plan setting
forth, the development conditions and requirements within the PUD, which
Development Plan is contained in Section II of this Agreement; and
WHEREAS, the City has held two public hearings required by law to solicit input from
all interested citizens and affected parties; and
WHEREAS, on May 18, 2005, the City's Planning and Zoning Commission
recommended approval of the Owners' application for a PUD; and
WHEREAS, the City Council has reviewed the proposed Development Plan and
determined that it promotes the health, safety, and general welfare of the citizens of
Round Rock and that it complies with the intent of the Planned Unit Development
Ordinance of the City;
NOW THEREFORE BY THIS AGREEMENT WITNESSETH that, in consideration of
the covenants and conditions set forth herein, the City and the Owners agree as follows:
I.
GENERAL PROVISIONS
1. CONFORMITY WITH DEVELOPMENT PLAN
That all uses and development within the Property shall conform to the Development
Plan included in Section II herein.
2. CHANGES AND MODIFICATIONS
No changes or modifications will be made to this Agreement or the Development Plan
unless all provisions pertaining to changes or modifications as stated in Section II.16
below are followed.
3. ZONING VIOLATION
The Owners understand that any person, firm, corporation or other entity violating any
conditions or terms of the Development Plan shall be subject to any and all penalties for
the violation of any zoning ordinance provisions as stated in Section 1.601, Code of
Ordinances, (1995 Edition), City of Round Rock, Texas, as amended.
4. LIENHOLDER CONSENT
That the lien holder of record has consented to this Agreement and Development Plan,
including any and all dedications to the public. Lien holder consent is attached hereto
and incorporated herein as Exhibit "B".
5. MISCELLANEOUS PROVISIONS
5.1 Assignment.
Neither party may assign its rights and obligations under this Agreement
without having first obtained the prior written consent of the other which
consent shall not be unreasonably withheld. This section shall not prevent the
Owners from selling or leasing the Property or portions of the Property, together
with all development rights and obligations contained in this Agreement and
Development Plan, and no consent shall be required in connection with such sale
or lease provided the purchaser or tenant assumes Owners' obligations in
writing as to such portions of the Property.
5.2 Necessary Documents and Actions.
Each party agrees to execute and deliver all such other and further instruments
and undertake such actions as are or may become necessary or convenient to
effectuate the purposes and intent of this Agreement.
5.3 Severability.
In case one or more provisions contained herein are deemed invalid, illegal or
unenforceable in any respect such invalidity, illegality or unenforceability shall
not affect any other provisions hereof and in such event, this agreement shall be
construed as if such invalid, illegal or unenforceable provision had never been
contained herein.
5.4 Entire Agreement.
This Agreement constitutes the entire agreement of the parties and supersedes
any prior or contemporaneous oral or written understandings or representations
of the parties respecting the subject matter hereof.
5.5 Applicable Law.
This Agreement shall be construed under and in accordance with the laws of the
State of Texas.
5.6 Venue.
All obligations of the parties created hereunder are performable in Williamson
County, Texas, and venue for any action arising hereunder shall be in
Williamson County.
5.7 No Third Party Beneficiaries.
Nothing in this Agreement, express or implied, is intended to confer upon any
person or entity, other than the parties hereto (and their respective successors
and assigns), any rights, benefits or remedies under or by reason of this
Agreement.
5.8 Duplicate Originals.
This Agreement may be executed in duplicate original, each of equal dignity.
5.9 Notices.
Until changed by written notice thereof any notice required under this
Agreement may be given to the respective parties, by certified mail, postage
prepaid or by hand delivery to the address of the other party shown below:
OWNERS CITY OF ROUND ROCK
TODAY PRA HICKERSON, L.P.
975 One Lincoln Centre
5400 LBJ Freeway
Dallas, Texas 75240
Attn: Leon J. Backes
City of Round Rock, Texas
221 East Main Street
Round Rock, Texas 78664
Attn: Director of Planning
RB -3 ASSOCIATES, A NEW YORK PARTNERSHIP
8441 Cooper Creek Boulevard
University Park, Florida 34201
THE BENDERSON 85-1 TRUST, A NEW YORK TRUST
8441 Cooper Creek Boulevard
University Park, Florida 34201
5.10 Effective Date.
This Agreement shall be effective from and after the date of due execution hereof
by all parties.
5.11 Appeal of Administrative Decisions.
Administrative decisions provided for in this Agreement may be appealed to the
City Council in writing within 90 days following receipt by the Owners of the
written confirmation of the decision.
5.12 Binding Effect.
This Agreement and the Development Plan binds and benefits the Owners and
its successors and assigns.
5.13 Termination of previous PUDs.
This Agreement and Development Plan supersedes the Agreements and
Development Plans adopted by Ordinances Z -99-03-25-9C1 and Z -99-03-25-9C2
as they apply to the Property described in Exhibit "A" of this agreement.
II.
DEVELOPMENT PLAN
1. DEFINITIONS
Words and terms used herein shall have their usual force and meaning, or as defined in
the Code of Ordinances (1995 Edition) as amended, City of Round Rock, Texas,
hereinafter referred to as "the Code"
2. PROPERTY
This Development Plan (hereinafter referred to as "Plan") covers approximately 19.31
acres of land, located within the city limits of Round Rock, Texas, and more particularly
described by metes and bounds in Exhibit "A".
3. PURPOSE
The purpose of this Plan is to ensure a PUD that 1) is equal to or superior to
development that would occur under the standard ordinance requirements, 2) is in
harmony with the General Plan, as amended, 3) does not have an undue adverse affect
upon adjacent property, the character of the neighborhood, traffic conditions, parking,
utilities or any other matters affecting the public health, safety and welfare, 4) is
adequately provisioned by essential public facilities and services, and 5) will be
developed and maintained so as not to dominate, by scale or massing of structures, the
immediate neighboring properties or interfere with their development or use in
accordance with any existing zoning district.
4. APPLICABILITY OF CITY ORDINANCES
4.1 Zoning and Subdivision Ordinances
The Property shall be regulated for purposes of zoning and subdivision by this
Plan. All aspects not specifically covered by this Plan shall be regulated by
applicable sections of the Code. If there is a conflict between this Agreement and
Plan and the Code this Agreement and Plan shall supersede the specific
conflicting provisions of the Code.
4.2 Other Ordinances
All other Ordinances within the Code shall apply to the Property, except as
clearly modified by this Plan.
5. PERMITTED USES
The following principal uses are permitted:
All C-1 (General Commercial) uses identified in the City of Round Rock Zoning
Ordinance except for uses listed in Paragraph 6, below.
6. PROHIBITED USES
The following uses are prohibited on the Property: self -standing wireless transmission
towers and facilities, mini -warehouses, flea markets, sexually oriented businesses,
portable buildings sales, except as incidental to other retail sales, outdoor amusement
parks or carnivals, wholesale nurseries, recreational vehicle parks, outdoor shooting
ranges, pawn shops, heavy equipment sales, kennels (but not prohibiting pet shops and
veterinary clinics without overnight facilities), R.V., boat or vehicle sales, auto service
facilities, auto repair, body and paint shops (but not excluding gasoline or convenience
stations, which do not provide auto repairs, or auto retail service facilities selling parts
or accessories, including tires, batteries, or mufflers and including installation on
premises, such as Discount Tire and National Tire & Battery), truck stops, wrecking
yards, bulk distribution centers, campgrounds, tattoo parlors, donation centers, video
arcades (but not prohibiting video games as an ancillary use), bars and taverns
(provided, however, that this does not prohibit any restaurant uses), fast food
restaurants that use a microphone and speaker system to place orders from the drive
thru area, and billiard parlors (but not prohibiting billiards as an ancillary use).
7. DESIGN STANDARDS
7.1 Prohibited Materials
The following materials are prohibited on the exterior walls and roofs of all
buildings and structures:
• Asbestos
■ Mirrored Glass (reflectivity of 20% or more)
• Corrugated metal
■ Unfinished sheet metal, except for trim or minor decorative features
7.2 Primary Shopping Center Buildings
The following development standards apply to the primary shopping center
buildings. The definition of primary shopping center buildings for the purpose
of this section shall be all buildings that contain more than 10,000 square feet of
gross floor area (heated and air conditioned space) or such smaller buildings,
which are physically attached to such a building.
7.2.1 The front and side elevations shall be 100 percent masonry, except
for doors, windows, roofs, patios, balconies, awnings, gutters,
special decorative features and trim. Masonry shall mean brick,
stone, stucco or such other similar quality material approved in
writing by the Director of Planning. Stucco shall not comprise
more than fifty (50) percent of this exterior finish. All other
elevations shall be constructed of brick, stone, stucco, split face
concrete block or concrete tilt wall, or such other similar quality
material approved in writing by the Director of Planning.
7.2.2 Primary shopping center buildings shall be permitted flat roofs
only when the building contains segments with pitched roof lines
that are part of an overall architectural design approved by the
Director of Planning. Roofing materials for pitched roof sections
shall be limited to tile or pre -finished, non -reflective metal or such
other similar quality material approved in writing by the Director
of Planning.
7.3 Buildings Other Than Primary Shopping Center Buildings
The following development standards apply to all buildings not defined as
primary shopping center buildings in Section 7.2 above.
7.3.1 All building elevations shall be 100 percent masonry except for
doors, windows, roofs, patios, balconies, awnings, gutters, special
decorative features and trim. Masonry shall mean brick, stone or
stucco or such other similar quality material approved in writing
by the Director of Planning. Stucco shall not comprise more than
fifty (50) percent of this exterior finish.
7.3.2 All buildings shall be permitted flat roofs only when the building
contains segments with pitched roof lines that are part of an overall
architectural design approved by the Director of Planning. Roofing
materials for pitched roof sections shall be limited to tile or pre -
finished, non -reflective metal or such other similar quality material
approved in writing by the Director of Planning.
8. DEVELOPMENT STANDARDS
8.1 Building Height
Building heights shall be as follows:
8.1.1 All buildings 100 feet to 150 feet from any single-family residential
property line shall be limited to one (1) story and no more than
twenty (20) feet.
8.1.2 All buildings 150 feet to 200 feet from any single-family residential
property line shall be limited to two (2) stories and no more than
thirty (30) feet.
8.1.3 All buildings at least 200 feet from any single-family residential
property line shall be limited to three (3) stories and no more than
forty-five (45) feet.
8.1.4 The height limits prescribed herein shall not apply to necessary
mechanical appurtenances or design features located upon any
building.
8.2 Building Setbacks
Building setbacks shall be as follows:
8.2.1 Minimum building setbacks from A.W. Grimes Boulevard and
Gattis School Road shall be thirty (30) feet.
8.2.2 Minimum building setbacks from all internal lot lines shall be ten
(10) feet, except that common walls shall not be required to have a
setback
8.2.3 The minimum building setback from the western boundary of the
Property shall be twenty-five (25) feet for a distance of 320 feet
south from the northwest corner of the Property. The minimum
building setback along the remainder of the western boundary of
the Property shall be 100 feet.
8.2.4 The minimum building setback from the southern boundary of the
Property shall be twenty-five (25) feet.
8.3 Density
The minimum lot size shall be one-half (1/2) acre.
9. SERVICE & LOADING AREAS
9.1 Screening Required
No dock high loading area is permitted unless such area is visually screened
from public streets.
9.2 Delivery Vehicles
All delivery and utility vehicles parked on-site (other than when being actively
loaded or unloaded) shall be parked within an area visually screened from
public streets. No deliveries by vehicles with six or more wheels shall be
permitted between the hours of midnight and 7:00 a.m.
9.3 Service Areas
Service areas shall be visually screened from all public rights-of-way. Methods
of screening include walled entrances, evergreen landscaping and depressed
service areas.
9.4 Loading Areas
All loading and service areas must be clearly signed. Loading spaces must be
clearly denoted on the pavement and designed so as not to prohibit on-site
vehicular circulation when occupied. Loading spaces shall be located directly in
front of or adjacent to a loading door.
Loading areas must be designed to accommodate backing and maneuvering on-
site, not from a public street. Regardless of orientation, loadingdoors may not be
located closer than fifty (50) feet from a public street. This provision does not
prevent the location of doors that provide common entry to a building from
being used for minor deliveries and courier service by vehicles with six or less
wheels.
9.5 Trash Storage
Refuse storage enclosures are required for all buildings. Enclosures must be of
sufficient height to visually screen all refuse containers, so as to provide visual
screening of views from adjacent lots and public rights-of-way. All enclosures
must be constructed of permanent materials (concrete, masonry, split face block,
etc.), which are compatible with the building it serves. Refuse storage areas must
be designed to contain all refuse generated on-site between collections. Gates
shall be required only if required to achieve the needed visual screening.
9.6 Street Level Mechanical Equipment
All ground -mounted service equipment (e.g., air conditioners, transformers,
trash collection equipment) related to each building shall be visually screened
and landscaped. Large equipment shall be visually screened and landscaping
shall be used to soften the visual appearance of the walls enclosing service areas.
Service areas must be paved and drained.
9.7 Roof Mounted Mechanical Equipment
All roof mounted mechanical equipment must be visually screened from view
from the public streets from a height of five (5) feet above grade measured at the
lot line of the site on which the building is located. Screening must be
compatible with the building design.
10. LIGHTING STANDARDS
All development within the Property shall be restricted to the following standards:
10.1 Light poles within 150 feet of any single-family residential property line
shall not exceed twenty (20) feet in height.
10.2 Light poles on the remainder of the Property shall not exceed thirty (30)
feet in height
10.3 All exterior lighting shall be hooded or shielded so that light is directed
downward to minimize excessive glare and sky glow pollution.
11. LANDSCAPING AND BUFFERING
11.1 Landscape and Sidewalk Easement
A twenty (20) foot wide landscape easement shall be provided adjacent to the
public utility easement along A. W. Grimes Boulevard and Gattis School Road.
All areas located within these easements shall be used solely for the purpose of
landscaping and sidewalks, except for driveways crossing the easement, lighting,
monument signs, irrigation, entry features, underground utilities, meters, utility
structures and equipment required to provide utilities to the Property.
Surface drainage swales may be placed within these easements, provided they
are approved by the Director of Planning as part of a comprehensive landscape
plan.
Drainage, detention and water quality structures are prohibited in these
easements.
Landscaping within these easements shall be credited against street yard
landscape requirements.
11.2 Street Trees
Street trees shall be planted within the landscape easement adjacent to all public
streets in accordance with the following criteria:
11.2.1 Spacing of and size of trees shall meet the following criteria:
■ Street trees along A. W. Grimes Boulevard and Gattis School
Road shall be large size tree species with a minimum caliper
size of three and one half (3.5) inches and shall be spaced no
more than forty (40) feet apart.
• Tree species size shall be in accordance with the City of Round
Rock Tree Technical Manual: Standards and Specifications
(Tree Technical Manual).
11.2.2 Caliper size, height, measurement and other specifications shall be
as specified in the Tree Technical Manual.
11.2.3 Street trees shall be planted to avoid interference with streetlights,
signage and other fixtures.
11.2.4 Street trees shall be planted at least eight (8) feet from edge of
driveways.
11.2.5 Street trees shall be planted no less than eight (8) feet from the back
of curb along A. W. Grimes Boulevard and Gattis School Road.
11.2.6 Street trees shall be planted on a lot -by -lot basis. Each lot in the
Property shall have the required street trees and the associated
irrigation system inspected for compliance with this Section prior
to the issuance of the first Certificate of Occupancy for any
development within the lot.
11.2.7 A Property Owners Association (POA) shall be established, funded
and assigned the responsibility for ongoing maintenance, repair
and replacement of both street trees and irrigation. Irrigation shall
be paid for by the POA.
11.3 Rights of Way
Areas within the public street right-of-way must be landscaped and irrigated
only in accordance with a license agreement with the City.
11.4 Open Space
All parcels for which a building permit and a Certificate of Occupancy have been
issued and which do not contain buildings, structures, parking lots, sidewalks,
fountains, site furniture or other improvements, including, but not limited to,
front, side and rear building set back areas, and all areas between the curb line
and the property line, must be planted and landscaped. All such landscaped
areas not planted in groundcover or shrub beds will be planted in grasses,
preferably sod. Over seeding in fall with cool season native grasses is allowed.
All plantings shall be maintained in good condition. The landscape planting
must provide for easy maintenance.
Utility easements shall be landscaped consistent with other landscape areas
where allowed by the respective utility company.
11.5 Parking Areas
In all vehicular use areas and parking areas, landscaped medians shall be
provided along primary access drives, as determined by the Director of Planning.
Additional landscape medians shall be provided for every eight (8) single rows
of parking. All landscape medians shall be a minimum of ten (10) feet in width
and trees shall be planted in accordance with the same specifications established
for street trees in this Section unless otherwise approved by the Director of
Planning. Caliper size, height, measurement and other specifications shall be as
specified in the Tree Technical Manual.
11.6 Planting Plan
The Owners shall submit a planting plan for parking lot and other on-site
landscaping with the submittal of construction plans for each phase of
development.
11.7 Western Boundary Landscape Buffer Requirements
A fifty (50) foot landscape buffer shall be provided along the western boundary
of the Property, beginning 320 feet south of the northwest corner of the Property,
in accordance with the following standards.
11.7.1 The landscape buffer shall include a precast concrete panelized
fence with a brick or stone design eight (8) feet tall, which shall be
located on the western boundary of the Property commencing on
the southwest corner of the Property and continuing to the north to
a point one hundred and sixty (160) feet south of the northwest
corner of the Property. The construction of the entire fence shall be
completed within sixty (60) days of the issuance of any new
building permit within the Property.
11.7.2 The westernmost thirty (30) feet of the fifty (50) foot landscape
buffer shall remain solely for the purpose of landscaping.
11.7.3 All planting within the landscape buffer shall create a continuous
solid screen, consisting of trees and shrubs. The minimum quantity
of landscaping shall be determined by the following requirements:
• One large tree per fifty (50) linear feet (75% of selected material
shall be of an evergreen species)
• One medium size tree per thirty (30) linear fee (75 % of selected
material shall be of an evergreen species)
• One small tree per fifteen (15) linear feet (75% of selected
material shall be of an evergreen species)
■ One large shrub per four (4) linear feet.
11.7.4 The Director of Planning shall review the landscaping, elevations
and abutting uses to ensure that the required visual screen is
provided.
12. UNDERGROUND UTILITY SERVICE
Except where approved in writing by the City Engineer, 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 shall be visually screened.
13. DRIVEWAY ACCESS
Driveway access shall be permitted in accordance the following criteria, as illustrated in
Exhibit "C":
13.1 The Property shall be permitted two driveways onto Gattis School Road.
The most westerly driveway shall be located at the proposed median cut
across from East Rock Cove. The easterly access shall be located
approximately 300 feet east of the western boundary of the Property.
13.2 The Property shall also have five (5) driveways onto A.W. Grimes
Boulevard to be located as follows:
13.2.1 The most northerly driveway shall be located approximately 300
feet south of the intersection of A.W. Grimes and Gattis School
Road.
13.2.2 The second driveway shall be located at the northernmost existing
median cut in A.W. Grimes south of Gattis School Road.
13.2.3 The third driveway shall be located at the median cut in A.W.
Grimes Boulevard across from Town Centre Drive.
13.2.4 The fourth and fifth driveways shall be located a minimum of 200
feet from the driveway described in 14.2.3 and shall have a
minimum separation of two hundred (200) feet from each other.
14. DRIVEWAY THROAT LENGTH
All driveways that access A.W. Grimes Boulevard or Gattis School Road shall provide a
minimum driveway throat of 100 feet. No parking spaces or internal access drives shall
intersect with access driveways within this 100 -foot throat. Throat length shall be
measured from the property line along the street right-of-way.
15. SIGNS
15.1 All freestanding signs shall be restricted to monument signs, as defined in
the Code.
15.2 Freestanding monument signs shall not exceed six (6) feet in height.
15.3 One freestanding monument sign shall be permitted for lots of less than
three (3) acres in size. The maximum area of masonry monument signs,
defined as the area contained within a polygon containing the actual
lettering and any logo, shall be fifty (50) square feet on each side of the
sign. The portions of a masonry structure on which the sign is located
shall not be counted as part of the fifty (50) square feet provided they are
not contained within the polygon. The maximum area of all other signs
shall be regulated by the Code.
15.4 More than one freestanding monument sign for lots of three (3) acres or
larger shall be permitted in accordance with the regulations contained in
the Code. However, each sign permitted shall be sized in accordance with
Section 15.3 above.
15.5 Monument signs shall not be located so as to, in the reasonable opinion of
the City Traffic Engineer, adversely restrict the vision of drivers entering
or leaving the Property.
15.6 Directional signs solely for the purpose of directing traffic or identifying
building numbers shall be permitted provided they are restricted to a size
required by their function as determined by the Director of Planning.
16. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN
16.1 Minor Changes
Minor changes to this Agreement or Plan, which do not substantially and
adversely change this Plan, may be approved administratively, if approved in
writing, by the City Engineer, the Director of Planning and the City Attorney.
16.2 Major Changes
All changes not permitted under Section 16.1 above, shall be resubmitted
following the same procedure required by the original PUD application.
17. GENERAL PLAN 2000
This Agreement amends the Round Rock General Plan 2000, which was adopted on
June 10, 1999.
TODAY PRA HICKERSON, LP
By: Gattis School Partners, L. P.
Its sole general partner
By: PRA General Partner, Inc.
Its sole general partner
RB -3 ASSOCIATES, a New York Partnership
By:
Randall Benderson, Partner
Date:
THE BENDERSON 85-1 TRUST, a New York Trust
By:
David H. Baldauf, Trustee
Date:
CITY OF ROUND ROCK, TEXAS_z.
yle Maxw , Mayor
ATTEST:
$
By: A1 ° L
L014 . -
Christine
Christine Martinez, City Secretary
By:
Leon J. Backes, President
Date:
RB -3 ASSOCI , a New York Partnership
By:
Randall Benderson, Partner
Date: cP/zz/o>'
THE BENDERSON 854 TRUST, a New York Trust
By:
David H. Baldauf, Trustee
Date; 4.J -z-./
CITY OF ROUND ROCK, TEXAS
By:
Nyle Maxwell, Mayor
ATTEST:
By:
Christine Martinez, City Secretary
LIST OF EXHIBITS
EXHIBIT DESCRIPTION
Exhibit "A" Property Metes and Bounds Description
Exhibit "B" Lien Holder Consent
Exhibit "C" Driveway Access
EXHIBIT A
PROPERTY DESCRIPTION
19.31 Acres
ASA Thomas Survey A-609
Williamson County, Texas
FN 2825 (MLQ)
March 10, 2003
SAM, Inc. Job No. 23060-20
DESCRIPTION OF A 19.31 ACRE TRACT OF LAND LOCATED . IN THE ASA THOMAS SURVEY,
ABSTRACT NO. 609, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF A
CALLED 20.356 ACRE TRACT OF LAND (TRACT 2) DESCRIBED IN THE DEED TO TODAY PRA
HICKERSON, L.P., AS RECORDED IN DOCUMENT NO. 2000049743 OF THE OFFICIAL PUBLIC RECORDS
OF WILLIAMSON COUNTY, TEXAS, AND A CALLED 1.90 ACRE TRACT OF LAND CONVEYED IN THE
DEED TO RB -3 ASSOCIATES, A NEW YORK GENERAL PARTNERSHIP AS RECORDED IN DOCUMENT
NO. 2002073317 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 19.31.
ACRE TRACT OF LAND AS SHOWN ON THE ACCOMPANYING SKETCH, AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2 -inch iron rod with a SAM, Inc. plastic cap found in the south Right -of -Way (ROW) line of
Gattis School Road (a varying width ROW), same being m the east line of a called 4.7956 acre tract of land described
in the deed to Grace Presbyterian Church, as recorded in Document No. 199940052 of the Official Records of
Williamson County, Texas, for the southwest corner of a called 0.74 acre tract of land dedicated to the City of Round
Rock for ROW and recorded in Document No. 2002054922 of the Official Public Records of Williamson County,
Texas, same being the northwest corner of said remainder of a called 20.356 acre tract and the tract described herein,
from which a 1/2 -inch iron rod found for the northeast comer of said 4.7956 acre tract bears, N 19° 44' 42" W, a
distance of 50.53 feet;
''HENCE leaving said east line with said south ROW line, same being the north lines of said remainder tract and
said 1.90 acre tract the following five (5) courses and distances:
1. with the arc of a curve to the left a distance of 35.93 feet through a central angle of 01° 25' 31", having
a radius of 1444.39 feet, and whose chord bears N 89° 01' 18" E, a distance of 35.93 feet to a concrete
monument found for a point of tangency,
2. N 88° 18' 34" E, passing a distance of 278.84 feet a 1/2 -inch iron rod with a SAM, Inc. plastic cap
found for the north common corner of said 1.90 acre tract and said remainder tract for a total distance of
424.28 feet to a concrete monument found,
3. S 60° 46' 25" E, a distance of 63.30 feet to a concrete monument found,
4. S 47° 03' 57" E, a distance of 50.00 feet to a concrete monument found, and
5. S 33° 21' 29" E, a distance of 63.30 feet to a concrete monument found in the east line of said 1.90 acre
tract, same being the west ROW line of A.W. Grimes Boulevard (120 -foot wide ROW) as described in
Document No. 2001038661 of the Official Public Records of Williamson County, Texas, for the
southeast comer of said 0.74 acre tract, same being a northeast comer of said 1.90 acre tract and the
tract described herein, from which a concrete monument found in said west ROW line for a northeast
comer of said 0.74 acre tract bears, N 02° 26' 27" W, a distance of 121.10 feet;
Page 1 of 4
19.31 Acres
ASA Thomas Survey A-609
Williamson County, Texas
FN 2825 (MLQ)
March 10, 2003
SAM, Inc. Job No. 23060-20
THENCE leaving said common line with the east lines of said remainder tract and said 1.90 acre tract, same being
said west ROW line the following four (4) courses and distances:
1. S 02° 26' 27" E, a distance of 89.77 feet to a concrete monument found for a point of curvature, from
which a concrete monument found in the east ROW line of said A.W. Grimes Boulevard bears,
N 87° 33' 33" E, a distance of 120.00 feet,
2. with the arc of a curve to the left passing at a distance of 95.49 feet a 1/2 -inch iron rod with a SAM,
Inc. plastic cap found for the east common comer of said 1.90 acre tract and said remainder tract,
continuing for a total distance of 655.47 feet through a central angle of 17° 31' 15", having a radius of
2143.48 feet, and whose chord bears, S 11° 12' 05" E, a distance of 652.92 feet to a concrete monument
found,
3. S 19° 57' 42" E, a distance of 288.04 feet to a concrete monument found for a point of curvature, and
4. with the arc of a curve to the Left a distance of 583.20 feet through a central angle of 35° 29' 31", having
a radius of 941.47 feet, and whose chord bears S 37° 42' 28" E, a distance of 573.92 feet to a 1/2 -inch
iron rod found for the north corner of the remainder of a called 33.509 acre tract of land described in the
deed to Dell Computer Holdings, L.P., as recorded in Document No. 1999971259 of the Official Public
Records of Williamson County, Texas, same being the southeast comer of said remainder tract, and the
tract described herein, from which a concrete monument found for a point of tangency in said west
ROW line bears with the arc of a curve to the left a distance of 505.05 feet, through a central angle of
30° 44' 09", having a radius of 941.47 feet, and a chord which bears, S 70° 49' 18" E, a distance of
499.01 feet;
.'HENCE leaving said common line and with the common line of said 33.509 acre tract, and said remainder tract,
S 50° 45' 49" W, a distance of 605.92 feet to a 1/2 -inch iron rod found in the east line of Windy Park Section Two -
Revised, a subdivision of record in Cabinet I, Slide 232 of the Plat Records of Williamson County, Texas, for the
northwest comer of said 33.509 acre tract, same being the southwest comer of said remainder tract and the tract
described herein, from which a 1/2 -inch iron rod found for the southwest corner of said 33.509 acre tract bears,
S 19° 44' 42" E, a distance of 640.36 feet;
Page 2 of 4
19.31 Acres
ASA Thomas Survey A-609
Williamson County, Texas
FN 2825 (MLQ)
March 10, 2003
SAM, Inc. Job No.. 23060-20
THENCE with the west line of said 20.356 acre tract, and the east lines of said Windy Park, a called 1.301 acre tract,
conveyed in the deed to Robert Espinoza, et. al. as recorded in Document No. 2000014735 of the Official Public
Records of Williamson County, Texas, a called 2.7412 acre tract conveyed to Joseph V. Gregor and spouse, Judith E.
Gregor as recorded in Volume 2516, Page 853, of the Official Records of Williamson County, Texas, a called 2.00
acre tract conveyed to The Kent Revocable Trust as recorded in Document No. 9721630 of the Official Records of
Williamson County, Texas, a called 4.21 acre tract conveyed to The Kent Revocable Trust as recorded in Document
No. 9721630 of the Official Records of Williamson County, Texas, and said 4.7956 acre tract, N 19° 44' 42" W, a
distance of 2064.28 feet (called N 17° 56' W in Document No. 2000049743 of the Official Public Records of
Williamson County, Texas) to the POINT OF BEGINNING, and containing 19.31 acres of land, more or less.
This is not a boundary survey and is meant for exhibit purposes only.
Bearing Basis: Bearings are based on the Texas State Plane Coordinate System, NAD 83, Central Zone and adjusted
to surface using a surface adjustment factor of 1.00012, as provided by Doug Anderson, RPLS, Survcon, Inc.
THE STATE OF TEXAS
COUNTY OF TRAVIS
KNOW ALL MEN BY THESE PRESENTS:
That I, Paul L. Easley, a Registered Professional Land Surveyor, do hereby certify that the above description
is true and correct to the best of my knowledge and belief and that the property described herein was determined by a
survey made on the ground during January 2003 under my direction and supervision.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the l lth.day of March 2003 A.D.
SURVEYING AND MAPPING, Inc.
5508 West Highway 290, Building B
Austin, Texas 78735
Page 3 of 4
ul L. Easley
Registered Professional Land Sury-yor
No. 4432 - State of Texas
11
S60'46'25"E
63,30'
1.2
54703'57"E
50.00'
L3
S3321'29"E
63.30'
CALLED 0.74 ACRE DEDICATED
TO THE CITY OF ROUNO ROCK
DDC. f 2002054922
O,P.RW.CTL
N1914'42'W _ ._-
50.53' P.011.
C1
CALLED 4.7956 AC.
GRACE PRESBYTERIAN CHURCH
00C. 199940052
O.R.W.CAL
O
CALLED 1.90 AC
RB -3 ASSOCIATES.
A NEW TURK GENERAL
PARTNERSHIP
00C. 2002073317
OP.RWC1x.
N8818'34"E
CALLED 4.21 AC.
THE KENT REVOCABLE TRUST
DDC. f 9721630
O.R.WGlx
278.84'
0
GATTIS SCHOOL ROAD
(&.0.11: WIDTH VARIES)
424.28'
0
R-2143.45'
L-95.49'
zq
��•j i3
19.31 ACRES
2.130 AC'116351
auoserocatio
111E OOC'M GPC.
i
2.7412 AC- b 14•
GALLE0 GRE GOR
9P .tO,OUSEL..
Q1w G1Y..
LEGEND
1 CONCRETE MONUMENT FOUND
• 1/2" IRON ROD FOUND
o 1/2' IRON ROO W/SAM INC. PLASTIC CAP FOUND
A CALCULATED POINT
( ) RECORD INFORMATION
ROW RIGHT-OF-WAY
P.0.8. POINT OF BEGINNING
D.R.W.C.Tx. GEED RECORDS WILUAMSON COUNTY, TEXAS
P.R.W.C.Tx, PLAT RECORDS NALUAMSON COUNTY, TEXAS
O.R.W.C,Tx. OFFICIAL RECORDS WIWAMSON COUNTY, TEXAS
O.P.R.W.C.Tx. OFFICIAL PUBUC RECORDS
WIWAMSON COUNTY, TEXAS
AC
Roam # i'iss
r
i3
BLOCK A
BEARING BASIS: BEARINGS ARE BASED ON THE TEXAS
STATE PLANE COORDINATE SYSTEM,
NAD 83, CENTRAL ZONE AND ADJUSTED TO SURFACE
USING A SURFACE ADJUSTMENT FACTOR OF 1.00012. AS
PROVIDED BY DOUG ANDERSON, RPLS, SURVCON, INC.
I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE
GROUND UNDER MY DIRECTION AND SUPERVISION ANO
THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF
MY WLEDGE AND BELIEF,
11
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07
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70 -Z
�•C'"/— 9' it
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12
18
14
16
16
17
15
18
FROCK C
50276'27"E
89.77'
N57'33'33'E
120.00'
4
6
6
WNOY PARK
SECTION 1W0-RE1ASED
CAB. 1, SL. 232
P.R.W,RTK
1 500
GRAPHIC SCALE
SCALE :1' -100MT
111A11.01 2003
ASAMOA1SU A409
WIUW20ON COONIY, TEXAS.
A. W. GRIMES BOULEVARD
. --
Doc. 20001103313661
(UNDER CONSTRUCTION)
(120'—MADE ROY!)
N
07 Lr
2. 0'
10
c1
0 -0175'31"
R=1444.39'
L=35.93'
T=17.97'
CB=N8901'18"E
C=35.93'
•
C2
0 -1
R-2143.
L'
T=330,31'
C8=Si 2'05"E
C .652.92'
C.3
A=3519"31"
R=941.47'
T=301.30'
L=583.20'
C8=S3742'28"E
C=573.92'
C4
t-30.44'09'
R6941.47'
T-25&76'
1-505.05'
CB=570'49'18'E
C=499.01'
•6I w
REMAINDER OF
A CALLED 33.509 AC.
DELL COMPUTER HOLDINGS, LP.
DDD. / 1999971259
0.P.R.WC.Tx
PAUL L EASLEY
REGISTERED PROFESSIONAL LAND SUR
NO. 4432 - STATE OF TEXAS
PROJECT: OVERALL PARCELS 1&2
JON RUNNER: 23010-20
OATS: 03 -I1 -OR
SURKYOR: INF
/ARTY CHIEF: LO/MN
FIELN000R:
fICLONOTEI Ran
BLAINICIAlk 11.0
NRA0RIE `112625'60
SCALE: r= 266.
PAGE 4 OF 4
FIELNOTE NO. 2825
•
5501 WEST HIGHWAY 290
BUILDING B
IIIIIR AO$TIN TR6A6, 75735
75
FA2, (512) 12) 5263029
EMAIL: SAM4SAMINCAUS.COM
FIELD NOTE
SKETCH
NO. 2825 _�
EXHIBIT B
LIEN HOLDER CONSENT
THE STA I'E OF TEXAS §
i C §
COUNTY OF WIL SOffON N §
That '/ �,ey; Tit( 6ahLK4 acting herein by and through its duly authorized officers, being
the holder of a lien as evidenced by Deed of Trust recorded in Document No. O 30`F2'493of the
Official Records of Williamson County, Texas, does hereby consent to the Agreement and Development
Plan of 19.31 acres of land situated in Round Rock, Williamson County, Texas, and does further hereby
join, approve and consent to all provisions shown therein.
AT PEST:
By: -S-1-47;0'e-
Name: 5;fin/ yi✓ h/L
—
Title:
STATE OF TEXAS
( 43
COUNTY OF 'VOL SON §
This instrument was acknowledged
TRK
by
; J
rl�s (lce_f2;'fa.i 'ajt k, ivA
By:
Name: boa40 0
Title:
;;°Ft"; TERASA D. BANKS
i ' "E Notary Public, State of Texas
My Commission Expires
May 08, 2008
i
e on the day of _1) E� l �,�20005 y J
Li 1 Ct.z,iisPvv of (("T�r^ l�i�r�;t , a,k 41121 1
y: , on behalf of said k
J- C
Notary Public, State of Texas
Commission Expires: C)---0-9Y-OS
EXHIBIT C
DRIVEWAY ACCESS
as Nano J:PROJECTS\A023-OIS\EXHI&TS\DRIVEWAYS
Round Rock Ea
Section 1
st
South
reek Section
19
W°
Collis School Rood
t
—Eckerd Drug
Store
RandollsTown Centre
CC S Section 1
PUD 36 (Amended)
11111
VOW
*Si%P.}4
Windy Park
Section 2
Revised
MC
Me
m
0
Legend
MC Median Cut
CC Curb Cut
0 150 300 600
SCALE: 1" = 300'
Provident Realty Advisors
PUD No. 36 Amended
Driveway Access
Exhibit C
• r
�'' ENGINEERS•PLANNERS•SURVEYORSJONES &CARTER,i:Ni:.
805 Las Cimas Parkway, Suite 230 Austin, Texas 78746-5493 (512)441-9493
Exhibit C
Job No. A023-015
Dote DATE