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Z-05-09-08-10C3 - 9/8/2005ORDINANCE NO. 4 -05 -09 -0E -10C,3 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.305(2), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 42.50 ACRES OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT LI (LIGHT INDUSTRIAL) TO PLANNED UNIT DEVELOPMENT (PUD) NO. 65. 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 42.50 acres of land, out of the Ephraim Evans Survey, Abstract No. 212, in Round Rock, Williamson County, Texas, being .more fully described in Exhibit "A" attached hereto, from District LI (Light Industrial) to Planned Unit Development (PUD) No. 65, 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 24th day of August, 2005, following lawful publicationof the notice of said public hearing, and WHEREAS, after considering the public testimony received at such hearing, the Planning and Zoning Commission has recommended that the Official Zoning Map be amended so that the zoning classification of the property described in Exhibit "A" be changed to PUD No.65, and @PFDesktop\::ODMA/WORLDOX/O:/WDOX/ORDINANC/050908C3.WPD/cdc WHEREAS, on the 8th day of September, 2005, after proper notification, the City Council held a public hearing on the requested amendment, and WHEREAS, the City Council determines that the zoning provided for herein promotes the health, safety, morals and protects and preserves the general welfare of the community, and WHEREAS, each and every requirement set forth in Chapter 211, Sub -Chapter A., Texas Local Government Code, and Section 11.300 and Section 11.400, Code of Ordinances (1995 Edition), City of Round Rock, Texas concerning public notices, hearings, and other procedural matters has been fully complied with, Now Therefore BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That the City. Council has hereby determined the Planned Unit Development (PUD) No. 65 meets the following goals and objectives: (1) Thedevelopment in PUD.No: 65 is equal to or superior to development that would occur under the standard ordinance requirements. (2) P..U.D. No. 65 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) P.U.D. No. 65 does not have an undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and general welfare. (4) P.U.D. No. 65 will be adequately provisioned by essential public facilities and services including streets, parking, drainage, water, wastewater facilities, and other necessary utilities. (5) P.U.D. No. 65 will be constructed, arranged and maintained so as not to dominate, by scale and massing of structures, the immediate neighboring properties or 2. interfere with their development or use in accordance with any existing zoning district. IL That the Official Zoning Map adopted in Section 11.401(2)(a), Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended so that the zoning classification of the property described in Exhibit "A", attached hereto and incorporated herein shall be, and is hereafter.designated as, Planned Unit Development (PUD) No. 65, and that the Mayor is hereby authorized and directed to enter into the Agreement and Development Plan for PUD No. 65 attached hereto as Exhibit "B", which agreement shall govern the development and use of said property. III. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B.. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the publicas required by law at all times during which this Resolution and the subject. matter hereof were discussed, considered and formally acted upon, all as required by the Open . Meetings Act, Chapter 551, Texas Government Code, as amended. 3. Alternative 1. By motion duly made,seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. cIPP READ, PASSED, and ADOPTED on first reading this 0 ® day of , 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. ATTEST: NYLE i410fLL , Mayo City o Round Rock, Texas CHRISTINE R. MARTINEZ, City Secrary 4. Office: 512-481-9602 Fax: 512-330-1621 page 1 of 3 Waterloo Surveyors Inc. EXHIBIT "A" July 20, 2005 FIELD NOTES Thomas P. Dixon R.P.L.S. 4324 J9802FN2 FIELD NOTES 42.50 ACRES OF LAND, MORE OR LESS, OUT OF THE EPHAIM EVANS SURVEY, ABSTRACT NO. 212, IN WILLIAMSON COUNTY, TEXAS, SAME BEING OUT OF THAT CERTAIN 9439 ACRE TRACT OF LAND DESCRIBED IN VOLUME 657, PAGE 659, DEED RECORDS, TRAVIS COUNTY, TEXAS, AND FURTHER BEING ALL OF LOT 2, BLOCK A, "FINAL PLAT OF EAST CHANDLER RETAIL CENTER", A PROPOSED SUBDIVISION IN WILLIAMSON COUNTY, TEXAS; FOR WHICH A MORE PARTICULAR DESCRIPTION BY METES AND BOUNDS IS AS FOLLOWS: BEGINNING at point on the east line of said 94.39 acre tract, same being on the west line of Lot 1, Oakmont Centre Section 2, a subdivision in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet F, slide 174, Plat Records, Williamson County, Texas, for the N.E. comer of Lot 2, Block A, "FINAL PLAT OF EAST CHANDLER RETAIL CENTER", for the N.E. comer hereof, from which point an iron rod found on the south R.O.W. of West Chandler Road (County Road 114) at the N.W. corner of Lot 1, Oakmont Centre Section 2, bears N20°55' 19"E at a distance of 21.00 feet; THENCE S20°55' 19"E for a distance of 1479.61 feet to an iron rod found at the S.W. corner of Lot 1, Block B, Oakmont Centre Section 5, for the most easterly, S.E. corner hereof; THENCE the following nine (9) courses and distances along the north line of Lot 5, Block B, Oakmont Centre Section 5: 1. N72°39'36"W for a distance of 23.68 feet to a pipe found; 2. N59°04'07"W for a distance of 158.08 feet to an iron rod found; 3. S67°29' 15"W for a distance of 113.42 feet to an iron rod set; 4. S54°57'23"W for a distance of 373.45 feet to an iron rod found; 5. S22°25'39"W for a distance of 29.15 feet to an iron rod found; 6. S09°24'29"W for a distance of 69.60 feet to an iron rod found; 7. S07°36'56"E for a distance of 79.37 feet to an iron rod found; 8. S18°22'33"W for a distance of 44.30 feet to an iron rod found; 9. S35°15'54"E for a distance of 226.60 feet to an iron rod found at the N.W. comer of that certain 2.0 acre tract recorded in Volume 951, Page 17, Deed Records, Williamson County, Texas, for the most southerly, S.E. corner hereof; THENCE S68°17'04"W for a distance of 137.20 feet to an iron rod found at the N.W. corner of Lot 5, Block B, Oakmont Centre Section 5; P.O. Box 160176 Austin, Texas 78716-0176 Office: 512-481-9602 Fax: 512-330-1621 page 2 of 3 Waterloo Surveyors Inc. Thomas P. Dixon R.P.L.S. 4324 EXHIBIT "A" J9802FN2 July 20, 2005 THENCE S63°50'35"W for a distance of 238.36 feet to an iron rod set at the N.W. comer of that certain 2.35 acre tract recorded in Volume 871, Page 369, Deed Records, Williamson County, Texas; THENCE S64°23'51"W for a distance of 164.56 feet to an iron rod set; THENCE S71 °07'09"W for a distance of 229.88 feet to an iron rod found at the N.W. corner of that certain 2.0 acre tract recorded in Volume 871, Page 374, Deed Records, Williamson County, Texas, same being at an angle point on the east line of that certain 14.64 acre tract of land recorded in Volume 778, Page 330, Deed Records, Williamson County, Texas for the most southerly, S.W. comer hereof; THENCE the following four (4) courses and distances along the north line of said 14.64 acre tract: 1. N34°45'51"W for a distance of 530.13 feet to an iron rod set; 2. S75°23'51"W for a distance of 171.67 feet to an iron rod set; 3. N52°30'20"W for a distance of 172.40 feet to an iron rod set; 4. N81°31' 11 "W for a distance of 173.14 feet to an iron rod found 011 the east R.O.W. of Interstate Highway 35 at the common N.W. comer of said 14.64 acre tract and the S.W. comer hereof; THENCE the following two courses and distances along the east R.O.W. of Interstate Highway 35: 1. NO2°03'55"W for a distance of 112.67 feet to an iron rod found at the N.W. corner of that certain tract of parcel of land recorded in Volume 657, Page 655, Deed Records, Williamson County, Texas; 2. NO2°03'55"W for a distance of 134.53 feet to a point for the most westerly, N.W. comer hereof from which point a highway monument found at the point of curvature of a curve curving to the right bears NO2°03'55"W at a distance of 192.00 feet; THENCE the following eleven (11) courses and distances crossing said 94.39 acre tract: 1. N88°03'22"E for a distance of 71.42 feet to the point of curvature of a curve curving to the right having a radius of 263.86 feet; 2. 27.79 feet along the arc of said curve with a chord which bears S89°03'09"E for a distance of 27.77 feet to the point of curvature of a reverse curve curving to the left with a radius of 406.00 feet; 3. 175.74 feet long the arc of said curve with a chord which bears N81 °41'23"E for a distance of 174.37 feet to the point of tangency of said curve; 4. N69°17'40"E for a distance of 685.32 feet to the point of curvature of a curve curving to the left with a radius of 158.15 feet; 5. 118.42 feet along the arc of said curve with a chord which bears N47°51'41"E for a distance of 115.67 feet to the point of tangency of said curve; 6. N26°25'55"E for a distance of 77.45 feet to the point of curvature of a curve curving to the left with a radius of 220.00 feet; P.O. Box 160176 Austin, Texas 78716-0176 Office: 512-481-9602 Fax: 512-330-1621 page 3 of 3 Waterloo Surveyors Inc. EXHIBIT "A" July 20, 2005 Thomas P. Dixon R.P.L.S. 4324 J9802FN2 7. 181.06 feet along the arc of said curve with a chord which bears NO2°51' 17"E for a distance of 175.99 feet to the point of tangency of said curve; 8. N20°42'27'W for a distance of 659.45 feet; 9. N69°17'33"E for a distance of 74.82 feet; 10. N24°20'53"E for a distance of 54.63 feet; 11. N69°17'21"E for a distance of 563.47 feet to the POINT OF BEGINNING, containing 42.50 acres of land. I, the undersigned do hereby certify that the field notes hereon were prepared from an actual on -the -ground survey under my direct supervision and that they are true and correct to the best of my knowledge. Thomas P. Dixon R.P.L.S. 4324 ....oc.oseoeo.oemmowuooeoesca THOMAS P. DIXON \- 4324 ®A '°"-ESS\*. P.O. Box 160176 Austin, Texas 78716-0176 LEGAL DESCRIPTION: SURVEY PLAT LEGEND J9802FN2 42.50 ACRES OF LAND, MORE OR LESS, OUT OF THE EPHAIM EVANS FOUND IRON ROD FIR SURVEY, ABSTRACT NO. 212, IN WILLIAMSON COUNTY, TEXAS, AND SET IRON ROD SIR BEING OUT OF THAT CERTAIN 94.39 ACRE TRACT OF LAND DESCRIBED FOUND IRON PIPE FIP IN VOLUME 657, PAGE 659, DEED RECORDS, WILLIAMSON COUNTY, FOUND HIGHWAY MONUMENT FHM TEXAS, AND BEING ALL OF LOT 1, BLOCK A, "FINAL PLAT OF EAST POINT OF BEGINNING POB CHANDLER RETAIL CENTER", A PROPOSED SUBDIVISION IN WILLIAMSON COUNTY, TEXAS. (County Road 1149 Fest Chandler Road N..L1 SIR Q. 4z - Found "X" IN CONC.. N. CORNER 657/659 (94. c) OFuoee®®� srbm� TO»SD0 ►24 .1e Found Iron Rod N.W. CORNER` ti 657/655 tea. AE s s \cm. mn8D2°me°0 u Wc Found Iron Rod N.W. CORNER- 778/330 r • t POB FHM 0 S. N 69'17'21" E 244.93' v 0 C1 .s L26 k N L28, r-73 N' SIR SIR SCALE 1"=500' Lot 1 Block A 20.94 acres SIR "4 L35 M M J Nk L30 N., / L32 ,/N POB Lot 3 Block A 0.83 acres C3 Dc C2 Lot 2 Btock A 42.50 acres J LOT 1 9, SIR Lot 2 Black A �� P 42.50 acres � � F Q .F��R L6 47 I0 � FI 7 F Fj ,Fi L13 Candler Creek LP ;� Oakmont Centre L16 0L15cnn L14• • e5 SIR 2ps\R L L18 City of Austin 778/330 (14.64 oc) Found Iron Rod N.W. CORNER 871/374 (2.0 oc) • 4 $ City of Austin 871/374 (2.0 ac) L7 P 1. 0 O n a 0 0*. -110 AEA trra ()tit OZ ZON4 Ap J AN 0 0 00 Z w 0-1 • Z Zrri w CO NZ O LO I-ZO P1 Z00 H co Qwr_ O�I- Sec. 5, Bk B Found 0 Iron Rod -I Candler Creek LP Oakmont Centre Sec. 5, Bk B, Lot 3 LINE COURSE AND DISTANCE CALLS City of Austin Ironnd Rod 871/369 S.W. CORNER (2.32 ac) 951/17 LINE DIRECTION DISTANCE L1 N 69'17'21 " E 1338.91' L2 S 20'55'19" E 21.00' L3 S 20'55'19" E 1479.61' L4 N 72'39'36" W 23.68' L5 N 59'04'07" W 158.08' L6 S 67'29'15" W 113.42' L7 S 54'57'23" W 373.45' L8 S 22'25'39" W 29.15' L9 S 09'24'29" W 69.60' L10 S 07'36'56" E 79.37' L11 S 18'22'33" W 44.30' 112 S 35'15'54" E 226.60' L13 S 68'17'04" W 137.20' L14 S 63'50'35" W 238.36' L15 S 64'23'51" W 164.56' L16 S 71'07'09" W 229.88' L17 N 34'45'51" W 530.13' 118 S 75'23'51" W 171.67' L19 N 52'30'20" W 172.40' 120 N 81'31'11" W 173.14' L21 S 02'03'55" E 112.67' L22 S 02'03'55" E 134.53' L23 S 02'03'55" E 192.00' L24 N 14'46'52" E 435.92' L25 N 14'46'52" E 25.79' L26 N 69'17'21" E 263.66' L27 N 75'05'45" E 118.61' L28 N 69'17'21" E 268.81' L29 S 65'39'07" E 37.56' L30 N 69'17'33" E 74.82' L31 N 24'20'53" E 54.63' N.E. CORNER 951/17 (2.0 ac) "The undersigned does hereby certify that the sketch hereon was prepared from an actual on -the -ground survey and that it is true and correct to the best of my knowledge on this the 15th day of August, 2005. Thomas P. Dixon RPLS 4324 L32 N 6917'21" E 563.47' L33 N 20'42'27" W 659.45' L34 N 26'25'55" E 77.45' L35 N 69'17'40" E 685.32' L36 N 88'03'22" E 71.42' CURVE RADIUS 1 LENGTH CHORD BEARING C1 1095.90' 398.72' 396.52' S 0819'14" W C2 220.00' 181.06' 175.99' N 02'51'17" E C3 158.15' 118.42' 115.67' N 47'51'41" E C4 406.00' 175.74' 174.37' N 81'41'23" E C5 263.86' 27.79' 27.77' N 89'03'09" W AGREEMENT AND DEVELOPMENT PLAN ENDEAVOR PUD PLANNED UNIT DEVELOPMENT NO. 65 THE STATE OF TEXAS § COUNTY OF WILLIAMSON § EXHIBIT !IB" 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 Cerco Development, Inc., its successors and assigns, having their offices at 221 West 6th Street, Suite 1300, Austin, Texas 78701 (hereafter referred to as the "Owner"). WHEREAS, the Owner is the owner of certain real property consisting of approximately 42.50 acres, as more particularly described in Exhibit "A", (herein after referred to as the "Property") attached hereto and made a part hereof. WHEREAS, The Owner has submitted a request to the City to rezone the Property as a Planned Unit Development (the "PUD"). WHEREAS, pursuant to Chapter 11, Section 11.316(8) of "the Code" (as defined in Article II, Section 1, below), the Owner has submitted a Development Plan setting forth the development conditions and requirements within the PUD, which Development Plan is contained in Section II of this Agreement; and WHEREAS, the City has held two public hearings required by law to solicit input from all interested citizens and affected parties; and WHEREAS, on August 24, 2005, the City's Planning and Zoning Commission recommended approval of the Owner's application for a PUD; and WHEREAS, the City Council has reviewed the proposed Development Plan and determined that it promotes the health, safety, and general welfare of the citizens of Round Rock and that it complies with the intent of the Planned Unit Development Ordinance of the City; NOW THEREFORE BY THIS AGREEMENT WITNESSETH that, in consideration of the covenants and conditions set forth herein, the City and the Owner agree as follows: -1- 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.14 below are followed. 3. ZONING VIOLATION Owner understands that any person, firm, corporation or other entity violating any conditions or terms of the Development Plan shall be subject to any and all penalties for the violation of any zoning ordinance provisions as stated in Section 1.601 of the Code. 4. LIEN HOLDER CONSENT There is no lien holder of record with regard to the Property as of the date of Agreement. 5. MISCELLANEOUS PROVISIONS 5.1 Assignment Neither party may assign its rights and obligations under this Agreement without having first obtained the prior written consent of the other which consent shall not be unreasonably withheld. This section shall not prevent Owner from selling or leasing the Property or portions of the Property, together with all development rights and obligations contained in this Agreement and Development Plan. No consent shall be required in connection with such sale or assignment of the Property, in part or in whole, provided the purchaser or assignee assumes Owner's obligations in writing as to such portions of the Property, upon which assumption the Owner shall be released from any further obligations hereunder. -2- 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 of this Agreement are deemed invalid, illegal or unenforceable in any respect such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement and in such event, this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained in this Agreement. 5.4 Entire Agreement This Agreement constitutes the entire agreement of the parties and supersedes any prior or contemporaneous oral or written understandings or representations of the parties respecting the subject matter. 5.5 Applicable Law This Agreement shall be construed under and in accordance with the laws of the State of Texas. 5.6 Venue All obligations of the parties created hereunder are performable in Williamson County, Texas, and venue for any action shall be in Williamson County. 5.7 No Third Party Beneficiaries Nothing in this Agreement, express or implied, is intended to confer upon any person or entity, other than the parties hereto (and their respective successors and assigns), any rights, benefits or remedies under or by reason of this Agreement. 5.8 Duplicate Originals This Agreement may be executed in duplicate original, each of equal dignity. -3- 5.9 Notices Until changed by written notice thereof any notice required under this Agreement may be given to the respective parties, by certified mail, postage prepaid or by hand delivery to the address of the other party shown below: OWNER Cerco Development, Inc. 221 West 6th Street Suite 1300 Austin, Texas 78701 Attn: Jeff Newberg CITY OF ROUND ROCK City of Round Rock, Texas 221 East Main Street Round Rock, Texas 78664 Attn: Director of Planning 5.10 Appeal of Administrative Decisions Administrative decisions provided for in this Agreement may be appealed to the City Council in writing within fourteen (14) days following receipt by Owner of the written confirmation of the decision. 5.11 Binding Effect This Agreement and the Development Plan binds and benefits the Owner and its successors and assigns, and runs with the land. 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 through and including the date of this Agreement, but not afterward, City of Round Rock, Texas, hereinafter referred to as "the Code." 2. PROPERTY This Development Plan ("Plan") covers approximately 42.50 acres of land, located within the city limits of Round Rock, Texas, and more particularly described by metes and bounds in Exhibit "A". -4- 3. EFFECTIVE DATE Prior to the effective date of this Agreement, the Property was zoned "LI". Notwithstanding the base zoning district identified for the Property in Section 5.1, and notwithstanding Sections 6 (Permitted Uses) and 7 (Prohibited Uses) below, all "LI" zoning district permitted uses and all applicable regulations shall be allowed on the Property until the closing (i.e., delivery of title and purchase funds) of the sale of the Property by McNeil Consumer Sr Specialty Pharmaceuticals, a division of McNeil -PPC, to Cerco Development, Inc. or its assigns pursuant to the contract between them (the "Sale"), on which Sale date all of Sections 4 through 16 of this Agreement shall apply. The purchaser at the Sale shall submit to the City an affidavit in the form attached hereto as Exhibit "F" stating that the Sale has occurred. 4. PURPOSE The purpose of this Plan is to ensure a PUD that 1) is equal to or superior to development that would occur under the standard ordinance requirements, 2) is in harmony with the General Plan, as amended, 3) does not have an undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and welfare, 4) is adequately provisioned by essential public facilities and services, and 5) will be developed and maintained so as not to dominate, by scale or massing of structures, the immediate neighboring properties or interfere with their development or use in accordance with any existing zoning district. 5. APPLICABILITY OF CITY ORDINANCES 5.1 Zoning and Subdivision Ordinances The Property shall be regulated for purposes of zoning and subdivision by this Plan. All aspects not specifically covered by this Plan shall be regulated by applicable sections of the Code. Except as provided otherwise in this Agreement, the base .zoning district for the Property is "C-1" (General Commercial). Notwithstanding the foregoing, if there is a conflict between this Agreement and Plan and the Code, this Agreement and Plan shall supersede the specific conflicting provisions of the Code. 5.2 Other Ordinances All other Ordinances within the Code shall apply to the Property, except as clearly modified by this Plan. In the event of a conflict, the terms of this Agreement shall control. -5- 6. PERMI'1"1'ED USES All of the uses listed as permitted by right for zoning district "C-1" under the Code shall be permitted uses on the Property, together with the following which shall also be permitted uses: • Park, Private • Residential, located above ground floor retail (provided that such residential usage may not exceed two (2) additional stories above the ground floor retail use) • Eating Establishments, including one and only one drive through located at the northeast corner of the Property in the general configuration depicted in Exhibit "B" such that the drive through queuing lane is not in the street yard; and provided that a non -vehicular "to go" window for a sit down restaurant shall not be counted as such a drive through use 7. PROHIBITED USES In addition to uses that are prohibited in zoning district "C-1" under the Code, the following uses are prohibited: • Automotive & machinery repair • Automotive & machinery services • Automotive & machinery washes • Automotive parts sales (as a primary use) • Automotive rental • Automotive sales • Billiard parlors & pool halls (as a primary use) • Boat sales (as a primary use) • Bulk distribution centers (provided that this shall not prohibit warehouse use that is ancillary to a permitted primary use) • Camper sales • Campgrounds • Donation centers • Flea markets • Gasoline & fuel sales • Grocery store • Heavy equipment sales, rental & leasing • Industrial building sales • Kennels • Manufactured home sales • Mini warehouses • Outdoor Entertainment -6- • Pawn shops • Portable building sales (as a primary use) • Recreational vehicle parks • Recycling centers (provided that this prohibition shall not prevent use of temporary collection and storage bins for recyclable materials generated by a permitted use during the ordinary course of business) • Sale of used goods (except antiques and estate sales) • Self -Storage • Sexually oriented businesses • Shooting ranges • Tattoo parlors • Truck service or repair • Truck stops • Trucking terminals • Video arcades (as a primary use) • Wholesale nurseries (as a primary use) • Wireless Transmission Facility, Self -Standing • Wrecking yards 8. ADDITIONAL USES All other uses that are not specifically addressed in this ordinance will require an amendment in accordance with Section 14, below. 9. LANDSCAPING In addition to complying with the landscape and tree ordinances of the Code, development of the Property shall include the preservation of the existing Monarch Tree located on the Property and the following enhancements along the Primary Access Drive, as identified in Exhibit "C-1". One large tree shall be planted every forty feet (40') on center in the median island and along the south and east sides of the Primary Access Drive, as conceptually depicted in Exhibits "C-3", "C4" and "C-5", with the exception of both ends of the drive and the interior intersections, which shall have decorative paving and shall be landscaped with ornamental plantings consisting of small trees, shrubs and grasses, as conceptually depicted in Exhibits "C-2", "C-3", "C-4" and "C-5". 10. SIGNAGE Except to the extent that this Agreement provides for signage regulation that is in conflict with the Code, the signage regulations of the Code shall apply to the Property. -7- In the event of a conflict between the Code and this Agreement, the provisions of this Agreement shall control. Changes in the location or appearance of signs described in this Section 10, as well as changes in the number, size, or height of signs that differ no more than ten percent (10%) from the standards set forth below, are minor changes pursuant to Section 14 below. 10.1 Entrance Signs For the purpose of directing traffic to the entrance of the shopping center, one (1) double -sided free-standing sign may be installed and maintained by Owner at the drive off of the IH -35 frontage road and at one of the two drives (at Owner's choice) off of Chandler Road, as depicted in Exhibit "E", for a total of two (2) such free-standing signs. Each such free-standing sign shall have a masonry base, such masonry to be consistent with the masonry and design standards applicable to the Property pursuant to Section 11 of this Agreement. Entrance signs shall incorporate materials and colors that are complementary to the overall design of the shopping center. Either or both free-standing signs may be pole signs, provided a pole sign shall have the masonry base just described, and provided a pole sign be supported by a minimum of (2) poles which shall not be round. The pole sign at the drive off of the IH -35 frontage road shall not exceed forty- five (45) feet in height, and the pole sign at the drive off of Chandler Road shall not exceed thirty (30) feet in height. The face or sign area of each such pylon sign shall not exceed ninety (90) square feet. "Sign area" is defined as the number of square feet contained within the smallest single polygon that will encompass the actual lettering and any logo on one face of the sign (a logo may be measured using a separate polygon or circle from that containing the lettering). The portions of a structure on which the sign is located are not counted as part of the sign area provided they are not contained within the polygon. 10.2 Monument Signs One (1) monument sign shall be permitted for each pad site abutting Chandler Road, up to a maximum of three (3) monument signs, and one (1) monument sign shall be permitted for a pad site abutting the IH -35 frontage road. In addition, one monument sign shall be permitted for each interior pad site on the Property, up to a maximum of three (3) monument signs along the Primary Access Drive identified in Exhibit "C-1". Each sign (i) may be up to six (6) feet in height, (ii) shall have a masonry base and masonry framing around the sign face, -8- provided that the masonry shall be of a type consistent with the design standards applicable to the Property pursuant to Section 11 of this Agreement, (iii) need not comply with the landscaping requirements of the Code if such monument sign is located on or adjacent to a berm feature located on the perimeter of the Property, and (iv) may in any event have a face or sign area not to exceed fifty (50) square feet. Monument signs shall be illuminated either by (i) ground -mounted fixtures or (ii) with internally illuminated channel letters with reverse channel, halo, plex face or routed panel with push -through letters. Only the business symbol/logo may be plex face. 11. DESIGN STANDARDS The buildings constructed on the Property shall be 100% masonry, provided that at least 50% of the overall exterior of such buildings, in the aggregate, shall be stone; and provided further that at least 50% of the exterior of any building containing an eating establishment use with drive through shall be stone. The color and texture of the stone used on the Property shall be compatible and harmonious with the buildings constructed on PUD 59 and/or PUD 60, as conceptually depicted in Exhibit "D"; provided, however, that if buildings on the Property are constructed prior to the development of PUD 59 and PUD 60, then such stone used on the Property shall be compatible and harmonious with the color and texture of the stone specified in the construction plans for the buildings to be constructed on PUD 59 and/or PUD 60. 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 approved by the Director of Planning, or as otherwise provided herein) 12. UNDERGROUND UTILITY SERVICE Except where approved in writing by the Chief of Public Works Operations, all electrical, telephone and cablevision distribution and service lines, other than overhead lines that are three phase or larger, shall be placed underground. All transformers must be visually screened. -9- 13. DRIVEWAY ACCESS AND THROAT LENGTHS 13.1 Driveway Access Driveway access shall be permitted in accordance with the approved Traffic Impact Analysis on file with the Director of Transportation Services and generally in accordance with the locations depicted in Exhibit "E", subject to site plan approval. 13.2 Driveway Throat Lengths Primary driveways off of the public rights-of-way adjacent to the Property, as "primary" is determined by the City of Round Rock Director of Transportation Services (Director), shall provide a minimum driveway throat of one hundred (100) feet. No parking spaces or internal access drives shall intersect with such primary driveways within this throat unless otherwise approved by the Director in connection with site plan approval. Throat length of primary drives shall be measured from edge of pavement. 14. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN 14.1 Minor Changes Minor changes to this Agreement or Plan which do not substantially and adversely change this Plan may be approved administratively, if approved in writing, by the City Engineer, the Director of Planning and Community Development, and the City Attorney. 14.2 Major Changes All changes not permitted under section 14.1 above shall be resubmitted following the same procedure required by the original PUD application. 15. CONCEPT PLAN APPROVED Approval of this Agreement constitutes Concept Plan approval under the City Subdivision Ordinance. 16. GENERAL PLAN 2000 This Agreement amends the Round Rock General Plan 2000, which was adopted on June 10, 1999. -10- Cerco Development, Inc. By: Name: Title: Date: CITY OF ROUND ROCK, TEXAS By: Nyle Maxwell, Mayor ATTEST: By: Christine Martinez, City Secretary -11- LIST OF EXHIBITS EXHIBIT DESCRIPTION Exhibit "A" Metes and Bounds Description of Property Exhibit "B" Drive Through Location Exhibit "C-1" Primary Access Drive Exhibit "C-2" Entry Feature Landscaping (IH -35) Exhibit "C-3" Entry Feature Landscaping (Chandler Road) Exhibit "C-4" Primary Access Drive Landscaping Exhibit "C-5" Monarch Tree Landscaping Exhibit "D" Masonry Theme for PUD's 59 and 60 Exhibit "E" Driveway Access Exhibit "F" Affidavit of Sale -12- EXHIBIT A METES AND BOUNDS DESCRIPTION OF PROPERTY Office: 512-481-9602 Fax: 512-330-1621 page 1 of 3 Waterloo Surveyors Inc. EXHIBIT "A" July 20, .2005 FIELD NOTES Thomas P. Dixon R.P.L.S. 4324 J9802FN2 >N'IELD NOTES 42.50 ACRES OF LAND, MORE OR LESS, OUT OF THE EPHAIM EVANS SURVEY, ABSTRACT NO. 212, IN WILLIAMSON COUNTY, TEXAS, SAME BEING OUT OF THAT CERTAIN 94.39 ACRE TRACT OF LAND DESCRIBED IN VOLUME 657, PAGE 659, DEED RECORDS, TRAVIS COUNTY, TEXAS, AND FURTHER BEING ALL OF LOT 2, BLOCK A, "FINAL PLAT OF EAST CHANDLER RETAIL CENTER", A PROPOSED SUBDIVISION IN WILLIAMSON COUNTY, TEXAS; FOR WHICH A MORE PARTICULAR DESCRIPTION BY METES AND BOUNDS IS AS FOLLOWS: BEGINNING at point on the east line of said 94.39 acre tract, same being on the west line of Lot 1, Oakmont Centre Section 2, a subdivision in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet F, slide 174, Plat Records, Williamson County, Texas, for the N.E. comer of Lot 2, Block A, "FINAL PLAT OF EAST CHANDLER RETAIL CENTER", for the N.E. corner hereof, from which point an iron rod found on the south R.O.W. of West Chandler Road (County Road 114) at the N.W. corner of Lot 1, Oakmont Centre Section 2, bears N20°55' 19"E at a distance of 21.00 feet; !'HENCE S20°55'19"E for a distance of 1479.61 feet to an iron rod found at the S.W. comer of Lot 1, Block B, Oakmont Centre Section 5, for the most easterly, S.E. comer hereof; THENCE the following nine (9) courses and distances along the north line of Lot 5, Block B, Oakmont Centre Section 5: 1. N72°39'36"W for a distance of 23.68 feet to a pipe found; 2. N59°04'07"W for a distance of 158.08 feet to an iron rod found; 3. S67°29' 15"W for a distance of 113.42 feet to an iron rod set; 4. S54°57'23"W for a distance of 373.45 feet to an iron rod found; 5. S22°25'39"W for a distance of 29.15 feet to an iron rod found; 6. S09°24'29"W for a distance of 69.60 feet to an iron rod found; 7. S07°36'56"E for a distance of 79.37 feet to an iron rod found; 8. S18°22'33"W for a distance of 44.30 feet to an iron rod found; 9. S35°15'54"E for a distance of 226.60 feet to an iron rod found at the N.W. corner of that certain 2.0 acre tract recorded in Volume 951, Page 17, Deed Records, Williamson County, Texas, for the most southerly, S.E. comer hereof; THENCE S68°17'04"W for a distance of 137.20 feet to an iron rod found at the N.W. corner of Lot 5, Block B, Oakmont Centre Section 5; P.O. Box 160176 Austin, Texas 78716-0176 Office: 512481-9602 Fax: 512-330-1621 page 2 of 3 Waterloo Surveyors Inc. EXHIBIT "A" July 20, 2005 Thomas P. Dixon R.P.L.S. 4324 J9802FN2 THENCE S63°50'35"W for a distance of 238.36 feet to an iron rod set at the N.W. corner of that certain 2.35 acre tract recorded in Volume 871, Page 369, Deed Records, Williamson County, Texas; !'HENCE S64°23'51 "W for a distance of 164.56 feet to an iron rod set; HENCE S71°07'09"W for a distance of 229.88 feet to an iron rod found at the N.W. comer of that certain 2.0 acre tract recorded in Volume 871, Page 374, Deed Records, Williamson County, Texas, same being at an angle point on the east line of that certain 14.64 acre tract of land recorded in Volume 778, Page 330, Deed Records, Williamson County, Texas for the most southerly, S.W. comer hereof; '1'H.ENCE the following four (4) courses and distances along the north line of said 14.64 acre tract: 1. N34°45'51"W for a distance of 530.13 feet to an iron rod set; 2. S75°23'51"W for a distance of 171.67 feet to an iron rod set; 3. N52°30'20"W for a distance of 172.40 feet to an iron rod set; 4. N81°31'11"W for a distance of 173.14 feet to an iron rod found on the east R.O.W. of Interstate Highway 35 at the common N.W. comer of said 14.64 acre tract and the S.W. corner hereof; HENCE the following two courses and distances along the east R.O.W. of Interstate Highway 35: 1. NO2°03'55"W for a distance of 112.67 feet to an iron rod found at the N.W. comer of that certain tract of parcel of land recorded in Volume 657, Page 655, Deed Records, Williamson County, Texas; 2. NO2°03'55"W for a distance of 134.53 feet to a point for the most westerly, N.W. comer hereof from which point a highway monument found at the point of curvature of a curve curving to the right bears NO2°03'55"W at a distance of 192.00 feet; '!'HENCE the following eleven (11) courses and distances crossing said 94.39 acre tract: 1. N88°03'22"E for a distance of 71.42 feet to the point of curvature of a curve curving to the right having a radius of 263.86 feet; 2. 27.79 feet along the arc of said curve with a chord which bears S89°03'09"E for a distance of 27.77 feet to the point of curvature of a reverse curve curving to the left with a radius of 406.00 feet; 3. 175.74 feet long the arc of said curve with a chord which bears N81 °41'23"E for a distance of 174.37 feet to the point of tangency of said curve; 4. N69°17'40"E for a distance of 685.32 feet to the point of curvature of a curve curving to the left with a radius of 158.15 feet; 5. 118.42 feet along the arc of said curve with a chord which bears N47°51'41"E for a distance of 115.67 feet to the point of tangency of said curve; 6. N26°25'55"E for a distance of 77.45 feet to the point of curvature of a curve curving to the. left with a radius of 220.00 feet; P.O. Box 160176 Austin, Texas 78716-0176 Office: 512-481-9602 Fax: 512-330-1621 page 3 of 3 Waterloo Surveyors Inc. EXHIBIT "A" July 20, 2005 Thomas P. Dixon R.P.L.S. 4324 J9802FN2 7. 181.06 feet along the arc of said curve with a chord which bears NO2°51' 17"E for a distance of 175.99 feet to the point of tangency of said curve; 8. N20°42'27"W for a distance of 659.45 feet; 9. N69°17'33"E for a distance of 74.82 feet; 10. N24°20'53"E for a distance of 54.63 feet; 11. N69°17'21"E for a distance of 563.47 feet to the POINT OF BEGINNING, containing 42.50 acres of land. I, the undersigned do hereby certify that the field notes hereon were prepared from an actual on -the -ground survey under my direct supervision and that they are true and correct to the best of my knowledge. Thomas P. Dixon R.P.L.S. 4324 et oQ fi....• ..ww...®_.®1. y ��, 4324 N4 4324 ,10 ti r— n 1 Ct s+ I P.O. Box 160176 Austin, Texas 78716-0176 URVEY PLAT GAL DESCRSMONI 42.50 ACRES OF LAND, MORE OR LESS, OUT OF THE EPHANA EVANS SIJRvEY, ABSTRACT NO. 212, IN YRLIJAMSON COUNTY, TEXAS, AND BEING OUT OF NAT CERTAIN 94.39 ACRE TRACT Or LAND DESCRI VOLUME 657. PAGE 659, DEED RECORDS, MLLIAMSON COUNTY. (EXAS, AND BEING ALL OF LOT L BLOCK A. 'TIN& PLAT OF EAST CHANDLER RETAIL CENTER" A PROPOSED SUBDIVISION IN WILLIAMSON COUNTY, TEXAi roun-d e IN CONC. N,W. CORNER 657/656 Cf•oc) LEGEND .19602FN2 MOM) IRON RODFLF SET ON ROD SIR FOUND MON PPE FIP OUND HIGHWAY MONUMENT Fl -IM PONT OF BEGINNING POO 1;) f31 7"21". 44.9,3! ra.fr Awe Il) "fre CheuzdAstr Abed FH Lot 1 Block 211.94 ocret L30 $ L.32 POB Lot 3 'Rock AL 1183 ocres Lot 2Mock. 42.50acs City of Round Rock 778/330 (14.64 ac) L6F1 lot 2 4r1' Candler Creek LP OCACMCint Centre Set. 5, Bk roun von St.W. CORNER 671/374 (2.0 ac) UNE COIJRSE AND DISTANCE er City et Round Rook 871/374 (2.9 eta) Found CALLS City or Round Ro Iran j 671t169 SW, CORNER (2.,82 ao 9507. S 2 9 E 2E00L' S 21/55 19"'E- 1479,61' 4 N 7246" W 25.6W N 5O4�7 W 561.05 S 6'7'2915' W 113.42' L7 S 545723' 373,45` S. 2212539" W 29.15' L12 S 3515 54 E 226,60 L13 s `1-71eir iv 137,20' L14 ET50136° w 238,W 5641.317„_miscsf: L16 S 71 Th' W 22.. I L17 N__3444551, W 530,13 S 75%35t W 171,67 Li9 atiTfilineer 120 N 81431 11' W 173A4 0 rrc) 0 Z LI -.1 Z W Z u H z un zoo o--1 7 ta 0 1 -- Found 0 iron Rod -1 N,E, CONNER 651/17 Lot3 (Z.O tic) 'The- undersigned doos heathy Certily thct the sketch hereon WOS prepared from on octuill n-the-grund curvy and th it is true ond correct to the best of rny knowledge on this the i5th oy of August, 2005.. L21 S 02#03 55L23E 112.6, L22- -S—DitItt'll iTtr:SY s 0203 55 E 192,00 14'46' ' L2 N .1446 52 E 79. L26 N 691 711" E 263.6;6 L22 14.1.$10645ft E 1143.6i* Artr2r E 26aei L2s S 65139'07' E 37, Dixon RPLS 4324 2 861/11* -1- 58147 03' N 2042,7* itY L34 N 2i L3 '257.55, E 77.45 "Mgr: E185,327_ • t,,,t'it'• 71 4 151.06' 175,99 N 0 II 1 C5 254.66 ROAD 114) N 69°17'21" 563.47' EXHIBIT B DRIVE THROUGH LOCATION CHANDLER ROAD (COUNTY ROAD 114) N 69'17'21' E 1338.91' n N 69'17'21" E 563.47' c:L=E:? Q RIMARY ACCESS ROAD 1. PARTIAL PLAN VIEW 1"-100' 2, ENLARGED PLAN VIEW 1"=50' EXHIBIT C PRIMARY ACCESS DRIVE LANDSCAPING Exhibit "C-1" Primary Access Drive Exhibit "C-2" Entry Feature Landscaping (IH -35) Exhibit "C-3" Entry Feature Landscaping (Chandler Road) Exhibit "C-4" Primary Access Drive Landscaping Exhibit "C-5" Monarch Tree Landscaping EXHIBIT C-1 PRIMARY ACCESS DRIVE _ i i l i t 1 / / / t I / i „\\\ \\\ ��` ` ` !' / j / j /, / I L `®/ / /CHANDLER ROAD COUNTY ROAD 114) / t / !/ / f 6 / //! !! 1 i ^"y / / 1! � / 'r,�1 / / / !! • I r // / /// / • I!! r jII I K r/// / / / QT /1 ///! % / / / /j //!// / //1//// )// ��~y ! j'!/ 1r / ! ill / / /r ! // A /// /// / ! Q,� ! !! // / / / C09 ! %l 1r 1 // //!//// ii / ! l• / U i / L/ 4•••/ / !/ 1 / t / / / I LOT 1, BLOCK A 20.94 ACLS LOT 2 BLOCK A 42.50 ACRES PRIMARY ACCESS DRIVE NOTE: This Exhibit is a conceptual representation of the landscapeing requirements included in the text of this PUD and does not reflect actual tree protection and mitigation requirements. NOTE: This Exhibit is a conceptual representation of the landscapeing requirements included in the text of this PUD and does not reflect actual tree protection and mitigation requirements. NOTE: This Exhibit is a conceptual representation of the landscapeing requirements included in the text of this PUD and does not reflect actual tree protection and mitigation requirements. ,, ,W User Lot 2 to 0 0 N N N 1— CO (/) n m Q di 1- < Q 0 04) C CI MS V N T3 C MS `CrJ Q) V L F- 0 CO Q) V V l.L.I Q A L c6 E L CL All information show is based from sources deemed reliable and is is subject to change. NOTE: This Exhibit is a conceptual representation of the landscapeing requirements included in the text of this PUD and does not reflect actual tree protection and mitigation requirements. ,, User - Lot 2 DATE: AUGUST 22, 2005 LPJ V m VIEW Al RAIN ENTRY I2 Lu DRIVEWAY ACCESS EXHIBIT E 715' 8" CHANDLER ROAD (F.M. 1434) eon immosenomm me rafter= ask am keJ 44, DRIVEWAY "P" DRIVEWAY "8" DRIVEWAY 'R' PUD 65 DIRECTOR O EXHIBIT F AFFIDAVIT OF SALE BEFORE ME, the undersigned authority personally appeared , known to me to be the person whose name is subscribed to this Affidavit, of , which Texas limited partnership purchased the approximately 42.5 acres described in City of Round Rock PUD No. 65 (the "Property"), who being duly sworn, on oath, deposed and stated the following: 1. My name is . I am above the age of 18 years, of sound mind, have never been convicted of a felony or crime of moral turpitude, and am fully qualified to make this Affidavit. 2. I am authorized to make this Affidavit in the capacity of of , a Texas limited partnership, owner of the Property that is described in the foregoing instrument ("Owner"). 3. I have personal knowledge of the facts contained herein as general partner of the Owner of the Property. On the basis of my personal knowledge, after diligent inquiry, I hereby attest that, as of the date of this Affidavit: On , the "Sale" described in City of Round Rock PUD No. 65, Section II.3 occurred, pursuant to which Sale the Owner purchased the Property from McNeil Consumer & Specialty Pharmaceuticals, a division of McNeil -PPC. SIGNED, this day of STATE OF TEXAS COUNTY OF TRAVIS § AFFIANT: Subscribed, sworn to, and acknowledged before me on , by Notary Public, State of Texas Rezoning from LI to PUD 65 42.50 Acres Subject Tract 42.50 acres DATE: September 1, 2005 SUBJECT: City Council Meeting - September 8, 2005 ITEM: 10.C.3. Consider an ordinance rezoning 42.50 acres of land out of the Ephraim Evans Survey from District LI (Light Industrial) to District PUD No. 65 (Planned Unit Development). (Endeavor Tract) (First Reading) Department: Planning and Community Development Department Staff Person: Jim Stendebach, Planning and Community Development Director Justification: Although this PUD is not as detailed as the neighboring IKEA PUD, it does contain a number of provisions to ensure that it is complementary to IKEA and appropriate for this location. A summary of the PUD follows: • Because the PUD will be approved prior to the purchase of the property, there is a special section that allows the current owner (McNeil) to continue to operate under Light Industrial zoning until the property is sold. Once the property is sold, the affidavit (Exhibit F) will be signed and presented to the City and the PUD will then go into effect. • Although specific users have not been identified for the proposed shopping center, the PUD rules out a number of commercial uses deemed to be inappropriate for this location. The PUD does allow one restaurant with a drive-through window, but the location, configuration and design of such a restaurant has been addressed in the PUD to ensure that it does not detract from the overall aesthetic appeal of the shopping center. • Landscaping for the site is per ordinance with the exception of additional plantings along the primary access drive that runs along the boundary with the IKEA site. The PUD also ensures the preservation of the Monarch Tree on site. • The sign package proposed in the PUD differs from the standard City requirements, and in be more attractive and appealing than what would otherwise be allowed. A comparison of proposed versus what could be built under the Code is included with this analysis. • The PUD requires 50% masonry using similar materials to what will be used for the Outlet proposed HEB shopping center on the north side of Chandler Road. • Utilities are required to be underground. • Driveway access has been established in accordance with the approved Traffic Impact Anal • The PUD requires lengthy throat lengths to avoid traffic congestion. Funding: Cost: N/A Source of funds: N/A Outside Resources: )eff Newberg, Principal, Endeavor Real Estate Group many ways will what is Mall and the ysis. Background Information: The property was annexed into the City and zoned for industrial use (McNeil Consumer & Specialty Pharmacy) in 1979. The existing McNeil buildings will be demolished this fall. On August 24, 2005, the Planning and Zoning Commission rendered a favorable recommendation to adopt the PUD with the following four conditions: 1. That additional landscaping requirements for the Primary Access Drive be added to the PUD. 2. That the number of permitted monument signs be increased. 3. That the sketch accompanying the metes and bounds description for the property be corrected to show the proper ownership for an adjacent property. 4. That references to the driveway exhibit in the text be changed from Exhibit D to Exhibit E. These conditions have been met and have been incorporated into the PUD document included with this analysis. Public Comment: Notification was sent out to neighboring property owners and a public hearing was held on August 24, 2005, at a special called meeting of the Planning and Zoning Commission. AGREEMENT AND DEVELOPMENT PLAN ENDEAVOR PUD PLANNED UNIT DEVELOPMENT NO. 65 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 Cerco Development, Inc., its successors and assigns, having their offices at 221 West 6th Street, Suite 1300, Austin, Texas 78701 (hereafter referred to as the "Owner"). WHEREAS, the Owner is the owner of certain real property consisting of approximately 42.50 acres, as more particularly described in Exhibit "A", (herein after referred to as the "Property") attached hereto and made a part hereof. WHEREAS, The Owner has submitted a request to the City to rezone the Property as a Planned Unit Development (the "PUD"). WHEREAS, pursuant to Chapter 11, Section 11.316(8) of "the Code" (as defined in Article II, Section 1, below), the Owner has submitted a Development Plan setting forth the development conditions and requirements within the PUD, which Development Plan is contained in Section II of this Agreement; and WHEREAS, the City has held two public hearings required by law to solicit input from all interested citizens and affected parties; and WHEREAS, on August 24, 2005, the City's Planning and Zoning Commission recommended approval of the Owner's application for a PUD; and WHEREAS, the City Council has reviewed the proposed Development Plan and determined that it promotes the health, safety, and general welfare of the citizens of Round Rock and that it complies with the intent of the Planned Unit Development Ordinance of the City; NOW THEREFORE BY THIS AGREEMENT WITNESSETH that, in consideration of the covenants and conditions set forth herein, the City and the Owner agree as follows: Z - 4S-Jci-QS-ibex -1- 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.14 below are followed. 3. ZONING VIOLATION Owner understands that any person, firm, corporation or other entity violating any conditions or terms of the Development Plan shall be subject to any and all penalties for the violation of any zoning ordinance provisions as stated in Section 1.601 of the Code. 4. LIEN HOLDER CONSENT There is no lien holder of record with regard to the Property as of the date of Agreement. 5. MISCELLANEOUS PROVISIONS 5.1 Assignment Neither party may assign its rights and obligations under this Agreement without having first obtained the prior written consent of the other which consent shall not be unreasonably withheld. This section shall not prevent Owner from selling or leasing the Property or portions of the Property, together with all development rights and obligations contained in this Agreement and Development Plan. No consent shall be required in connection with such sale or assignment of the Property, in part or in whole, provided the purchaser or assignee assumes Owner's obligations in writing as to such portions of the Property, upon which assumption the Owner shall be released from any further obligations hereunder. -2- 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 of this Agreement are deemed invalid, illegal or unenforceable in any respect such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement and in such event, this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained in this Agreement. 5.4 Entire Agreement This Agreement constitutes the entire agreement of the parties and supersedes any prior or contemporaneous oral or written understandings or representations of the parties respecting the subject matter. 5.5 Applicable Law This Agreement shall be construed under and in accordance with the laws of the State of Texas. 5.6 Venue All obligations of the parties created hereunder are performable in Williamson County, Texas, and venue for any action shall be in Williamson County. 5.7 No Third Party Beneficiaries Nothing in this Agreement, express or implied, is intended to confer upon any person or entity, other than the parties hereto (and their respective successors and assigns), any rights, benefits or remedies under or by reason of this Agreement. 5.8 Duplicate Originals This Agreement may be executed in duplicate original, each of equal dignity. -3- 5.9 Notices Until changed by written notice thereof any notice required under this Agreement may be given to the respective parties, by certified mail, postage prepaid or by hand delivery to the address of the other party shown below: OWNER Cerco Development, Inc. 221 West 6th Street Suite 1300 Austin, Texas 78701 Attn: Jeff Newberg CITY OF ROUND ROCK City of Round Rock, Texas 221 East Main Street Round Rock, Texas 78664 Attn: Director of Planning 5.10 Appeal of Administrative Decisions Administrative decisions provided for in this Agreement may be appealed to the City Council in writing within fourteen (14) days following receipt by Owner of the written confirmation of the decision. 5.11 Binding Effect This Agreement and the Development Plan binds and benefits the Owner and its successors and assigns, and runs with the land. 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 through and including the date of this Agreement, but not afterward, City of Round Rock, Texas, hereinafter referred to as "the Code." 2. PROPERTY This Development Plan ("Plan") covers approximately 42.50 acres of land, located within the city limits of Round Rock, Texas, and more particularly described by metes and bounds in Exhibit "A". -4- 3. EFFECTIVE DATE Prior to the effective date of this Agreement, the Property was zoned "LI". Notwithstanding the base zoning district identified for the Property in Section 5.1, and notwithstanding Sections 6 (Permitted Uses) and 7 (Prohibited Uses) below, all "LI" zoning district permitted uses and all applicable regulations shall be allowed on the Property until the closing (i.e., delivery of title and purchase funds) of the sale of the Property by McNeil Consumer & Specialty Pharmaceuticals, a division of McNeil -PPC, to Cerco Development, Inc. or its assigns pursuant to the contract between them (the "Sale"), on which Sale date all of Sections 4 through 16 of this Agreement shall apply. The purchaser at the Sale shall submit to the City an affidavit in the form attached hereto as Exhibit "F" stating that the Sale has occurred. 4. PURPOSE The purpose of this Plan is to ensure a PUD that 1) is equal to or superior to development that would occur under the standard ordinance requirements, 2) is in harmony with the General Plan, as amended, 3) does not have an undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and welfare, 4) is adequately provisioned by essential public facilities and services, and 5) will be developed and maintained so as not to dominate, by scale or massing of structures, the immediate neighboring properties or interfere with their development or use in accordance with any existing zoning district. 5. APPLICABILITY OF CITY ORDINANCES 5.1 Zoning and Subdivision Ordinances The Property shall be regulated for purposes of zoning and subdivision by this Plan. All aspects not specifically covered by this Plan shall be regulated by applicable sections of the Code. Except as provided otherwise in this Agreement, the base zoning district for the Property is "C-1" (General Commercial). Notwithstanding the foregoing, if there is a conflict between this Agreement and Plan and the Code, this Agreement and Plan shall supersede the specific conflicting provisions of the Code. 5.2 Other Ordinances All other Ordinances within the Code shall apply to the Property, except as clearly modified by this Plan. In the event of a conflict, the terms of this Agreement shall control. -5- 6. PERMITTED USES All of the uses listed as permitted by right for zoning district "C-1" under the Code shall be permitted uses on the Property, together with the following which shall also be permitted uses: • Park, Private • Residential, located above ground floor retail (provided that such residential usage may not exceed two (2) additional stories above the ground floor retail use) • Eating Establishments, including one and only one drive through located at the northeast corner of the Property in the general configuration depicted in Exhibit "B" such that the drive through queuing lane is not in the street yard; and provided that a non -vehicular "to go" window for a sit down restaurant shall not be counted as such a drive through use 7. PROHIBITED USES In addition to uses that are prohibited in zoning district "C-1" under the Code, the following uses are prohibited: • Automotive & machinery repair • Automotive & machinery services • Automotive & machinery washes • Automotive parts sales (as a primary use) • Automotive rental • Automotive sales • Billiard parlors & pool halls (as a primary use) • Boat sales (as a primary use) • Bulk distribution centers (provided that this shall not prohibit warehouse use that is ancillary to a permitted primary use) • Camper sales • Campgrounds • Donation centers • Flea markets • Gasoline & fuel sales • Grocery store • Heavy equipment sales, rental & leasing • Industrial building sales • Kennels • Manufactured home sales • Mini warehouses • Outdoor Entertainment -6- • Pawn shops • Portable building sales (as a primary use) • Recreational vehicle parks • Recycling centers (provided that this prohibition shall not prevent use of temporary collection and storage bins for recyclable materials generated by a permitted use during the ordinary course of business) • Sale of used goods (except antiques and estate sales) • Self -Storage • Sexually oriented businesses • Shooting ranges • Tattoo parlors • Truck service or repair • Truck stops • Trucking terminals • Video arcades (as a primary use) • Wholesale nurseries (as a primary use) • Wireless Transmission Facility, Self -Standing • Wrecking yards 8. ADDITIONAL USES All other uses that are not specifically addressed in this ordinance will require an amendment in accordance with Section 14, below. 9. LANDSCAPING In addition to complying with the landscape and tree ordinances of the Code, development of the Property shall include the preservation of the existing Monarch Tree located on the Property and the following enhancements along the Primary Access Drive, as identified in Exhibit "C-1". One large tree shall be planted every forty feet (40') on center in the median island and along the south and east sides of the Primary Access Drive, as conceptually depicted in Exhibits "C-3", "C-4" and "C-5", with the exception of both ends of the drive and the interior intersections, which shall have decorative paving and shall be landscaped with ornamental plantings consisting of small trees, shrubs and grasses, as conceptually depicted in Exhibits "C-2", "C-3", "C-4" and "C-5". 10. SIGNAGE Except to the extent that this Agreement provides for signage regulation that is in conflict with the Code, the signage regulations of the Code shall apply to the Property. -7- In the event of a conflict between the Code and this Agreement, the provisions of this Agreement shall control. Changes in the location or appearance of signs described in this Section 10, as well as changes in the number, size, or height of signs that differ no more than ten percent (10%) from the standards set forth below, are minor changes pursuant to Section 14 below. 10.1 Entrance Signs For the purpose of directing traffic to the entrance of the shopping center, one (1) double -sided free-standing sign may be installed and maintained by Owner at the drive off of the IH -35 frontage road and at one of the two drives (at Owner's choice) off of Chandler Road, as depicted in Exhibit "E", for a total of two (2) such free-standing signs. Each such free-standing sign shall have a masonry base, such masonry to be consistent with the masonry and design standards applicable to the Property pursuant to Section 11 of this Agreement. Entrance signs shall incorporate materials and colors that are complementary to the overall design of the shopping center. Either or both free-standing signs may be pole signs, provided a pole sign shall have the masonry base just described, and provided a pole sign be supported by a minimum of (2) poles which shall not be round. The pole sign at the drive off of the IH -35 frontage road shall not exceed forty- five (45) feet in height, and the pole sign at the drive off of Chandler Road shall not exceed thirty (30) feet in height. The face or sign area of each such pylon sign shall not exceed ninety (90) square feet. "Sign area" is defined as the number of square feet contained within the smallest single polygon that will encompass the actual lettering and any logo on one face of the sign (a logo may be measured using a separate polygon or circle from that containing the lettering). The portions of a structure on which the sign is located are not counted as part of the sign area provided they are not contained within the polygon. 10.2 Monument Signs One (1) monument sign shall be permitted for each pad site abutting Chandler Road, up to a maximum of three (3) monument signs, and one (1) monument sign shall be permitted for a pad site abutting the IH -35 frontage road. In addition, one monument sign shall be permitted for each interior pad site on the Property, up to a maximum of three (3) monument signs along the Primary Access Drive identified in Exhibit "C-1". Each sign (i) may be up to six (6) feet in height, (ii) shall have a masonry base and masonry framing around the sign face, -8- provided that the masonry shall be of a type consistent with the design standards applicable to the Property pursuant to Section 11 of this Agreement, (iii) need not comply with the landscaping requirements of the Code if such monument sign is located on or adjacent to a berm feature located on the perimeter of the Property, and (iv) may in any event have a face or sign area not to exceed fifty (50) square feet. Monument signs shall be illuminated either by (i) ground -mounted fixtures or (ii) with internally illuminated channel letters with reverse channel, halo, plex face or routed panel with push -through letters. Only the business symbol/logo may be plex face. 11. DESIGN STANDARDS The buildings constructed on the Property shall be 100% masonry, provided that at least 50% of the overall exterior of such buildings, in the aggregate, shall be stone; and provided further that at least 50% of the exterior of any building containing an eating establishment use with drive through shall be stone. The color and texture of the stone used on the Property shall be compatible and harmonious with the buildings constructed on PUD 59 and/ or PUD 60, as conceptually depicted in Exhibit "D"; provided, however, that if buildings on the Property are constructed prior to the development of PUD 59 and PUD 60, then such stone used on the Property shall be compatible and harmonious with the color and texture of the stone specified in the construction plans for the buildings to be constructed on PUD 59 and/or PUD 60. 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 approved by the Director of Planning, or as otherwise provided herein) 12. UNDERGROUND UTILITY SERVICE Except where approved in writing by the Chief of Public Works Operations, all electrical, telephone and cablevision distribution and service lines, other than overhead lines that are three phase or larger, shall be placed underground. All transformers must be visually screened. -9- 13. DRIVEWAY ACCESS AND THROAT LENGTHS 13.1 Driveway Access Driveway access shall be permitted in accordance with the approved Traffic Impact Analysis on file with the Director of Transportation Services and generally in accordance with the locations depicted in Exhibit "E", subject to site plan approval. 13.2 Driveway Throat Lengths Primary driveways off of the public rights-of-way adjacent to the Property, as "primary" is determined by the City of Round Rock Director of Transportation Services (Director), shall provide a minimum driveway throat of one hundred (100) feet. No parking spaces or internal access drives shall intersect with such primary driveways within this throat unless otherwise approved by the Director in connection with site plan approval. Throat length .of primary drives shall be measured from edge of pavement. 14. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN 14.1 Minor Changes Minor changes to this Agreement or Plan which do not substantially and adversely change this Plan may be approved administratively, if approved in writing, by the City Engineer, the Director of Planning and Community Development, and the City Attorney. 14.2 Major Changes All changes not permitted under section 14.1 above shall be resubmitted following the same procedure required by the original PUD application. 15. CONCEPT PLAN APPROVED Approval of this Agreement constitutes Concept Plan approval under the City Subdivision Ordinance. 16. GENERAL PLAN 2000 This Agreement amends the Round Rock General Plan 2000, which was adopted on June 10, 1999. -10- Cerco Development, Inc. By- Na y Na Title: Date: CITY OF ROUND ROCK, TEXA Bv: ATTEST: By: axwell, Mayor Christine Martinez, City Secretary - 1 1- LIST OF EXHIBITS EXHIBIT DESCRIPTION Exhibit "A" Metes and Bounds Description of Property Exhibit "B" Drive Through Location Exhibit "C-1" Primary Access Drive Exhibit "C-2" Entry Feature Landscaping (IH -35) Exhibit "C-3" Entry Feature Landscaping (Chandler Road) Exhibit "C-4" Primary Access Drive Landscaping Exhibit "C-5" Monarch Tree Landscaping Exhibit "D" Masonry Theme for PUD's 59 and 60 Exhibit "E" Driveway Access Exhibit "F" Affidavit of Sale -12- EXHIBIT A METES AND BOUNDS DESCRIPTION OF PROPERTY - Office; 512-481-9602 Fax: 512-330-1621 page 3 of 3 Waterloo Surveyars Inc. EXHIBIT "A" September I4, 2005 FIELD NOTES Thomas P Dison R.P.L.S. 4324 I9802FN2 HELD NOTES FOR 42,50 ACRES OF LAND, MORE OR LESS, OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, IN WILLIAMSON COUNTY, TEXAS, SAME BEING OUT OF THAT CERTAIN 94.39 ACRE TRACT OF LAND DESCRIBED IN VOLUME 657, PAGE 659, DEED RECORDS, WILLIAMCStN COUNTY, TEXAS, AND FURTHER BEING ALL OF LOT 2, BLOCK A, "FINAL PLAT OF EAST CHANDLER RETAIL CENTER", A PROPOSED SUBDIVISION IN WILLIAMSON COUNTY, TEXAS; FOR WHICHA MORE PARTICULAR DESCRIPTION BY METES AND BOUNDS IS AS FOLLOWS: BEGINNING at an iron rod set on the east line of said 94.39 acre tract, same being on the west line of Lot 1, Oakmont Centre Section 2, a subdivision in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet F, slide 174, Plat Records, Williamson County, Texas, for the N.E. corner of Lot 2 and the S.E. corner of Lot 4, Block A, 'FINAL PLAT OF EAST CHANDLER RETAIL CENTER", for the N.E. corner hereof, from which point an iron rod found VII the south R.O.W. of West Chandler Road (County Road 114) at the N.W. corner of Lot 1, Oakmont Centre Section 2, bears 1%120°55'19"E at a distance of 21.00 fcct; THENCE 520°55' 19"E for a distance of 1479;61 feet to an iron rod found at the S.W. corner of Lot 1, Block B, Oakmont Centre Section 5, a subdivision in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet F, Slide 139, Plat Records, Williamson County, Texas, for the most easterly, S,E, comer hereof; .'HENCE the following nine (9) courses and distances along the north and west line of Lot 2, Block 13, Oakmont Centre Section 5: N72°39'36"'W for a distance of 23.68 feet to a pipe found;. 2. N59°04'07"W for a distance of 158.08 feet to an iron rod found; 3. S67°29'14"W for a distance of 113.42 feet to an iron rod set; 4. S54°57'22"W for a distance of 373.45 feet to an iron rod found; 5. S22°25'39"W for a distance of 29.15 feet to an iron rad found; 6. S09°24'29"W for a distance of 69.60 feet to an iron rod found; 7. 507°36'57"E for a distance of 79.37 feet to an iron rod found; 8. S18°22'32"W for a distance of 44.30 feet to an iron rod found; 9, S35°15'54"E for distance of226.60 feet to an iron' rod found at the N.W. corner of that certain 2.0 acre tract recorded in Volume 951, Page 17 Deed Records, Williamson County, Texas, for the most southerly, S.E. corner Hereof; .'HENCE S68°17'04"W for a distance•of 137.20 feet to an iron rod found at the N.W. corner of Lot 3, Block B, Oakmont Centre Section 5; P.O. Box 160176 Austin, Texas 78716-0176 0,07ce: 512481-9602 Fax: 512-330-1621 page 2 of 3 Waterloo Surveyors Inc. EXHIBIT "A" September 14, 2005 Thomas P. Dixon R.P.1-S„ 4324 .19802FN2 HENCE S63°50'35"W for a distance of 238.36 feet to an iron rod set at the N.W. comer of that certain 2.32 acre tra recorded in Volume 871, Page 369, Deed Records, Williamson County, Texas; THENCE S64923'50"W for a distance of 164.56 feet to an iron rod set; rHENCE S71°07'09"W for a distance of 229.88 feet to an iron rod found at the N.W. comer of that certain 2.0 acre tract recorded in Volume 871, Page 374, Deed Records, Williamson County, Texas, same being at an angle point on the east line of that certain 14.64 acre tract of land recorded in Volume 778, Page 330, Deed Records, Williamson County, Texas for the most southerly, S.W. corner hereof; THENCE the following four (4) courses and distances along the north line of said 14_64 acre tract: N34°45'51"W for a distance of 530.13 feet to an iron rod set; 2. S7593'51"W for a distance of 171.67 feet to an iron rod set; 3. N52°30'21"W fora distance of 172.40 feet to an iron rod set; 4. N8191'11"W for a distance of 173.14 feet to an iron rod found on the east R. R.C.W. oflntesetate Highway 35 at the common N.W. corner of said 14.64 acre tract and the S.W. corner hereof; THENCE the following two courses and distances along the east R,O.W. of Interstate Highway 35: 1. NO2°03'55"W for a distance of 112.67 feet to an iron rod found at the N.W. comer of that certain tract of parcel of land recorded in Volume 657, Page 655, Deed Records, Williamson County, Texas; 2. 1402'03'55"W for a distance of 13453 feet to an iron rod set for the most westerly, N.W. corner hereof from which point a highway monument found at the point of curvature ofa curve curving to the right bears NO2Q03'55''W at a distance of 192.00 feet; THENCE the following eight courses and distances along the north and west line of Lot 2 crossing said 94.39 acre tract: 1. N88°0321"E for a distance of 71.43 feet to an iron rod set at the point of curvature of a curve curving to the right having a radius of 263,86 feet; 2 2849 feet along the are of said curve with a chord which bears S8898'35"E for a distance of 28.47 feet to an iron rod set at the point of curvature ofa reverse curve curving to the left with a radius of 406.00 feet; 3. 175.04 feet long the arc of said curve with a chord which bears N8198'25''E for a distance of 173.68 feet to an iron rod set at the point of tangency of said curve; 4. N69°17'40'T for a distance of 685/9 feet to an Iran rod set at the point of curvature of a curve curving to the left with a radius of 158.15 feet; 5, 118.48 feet along the arc of said curve with a chord which bears N47°51'43"E for a distance of 115.73 feet to the point of tangency of said curve; 6. N26°25 55"H for a distance of 7742 feet to the point of curvature ofa curve curving to the left with a radius of 220.00 feet; P.O. Box 160176 Austin, Texas 78716-0176 Office: 512-481-9602 Fax 512,-330-1621 page 3 of 3 Waterloo Surveyors Inc. EXHIBIT "A" September 14, 2005 Thomas P. DLwn R.P,L.S. 4324 39802EN2 7. 181.06 feet along the arc of said curve with a ehord which bears NO2'51'16"E for a distance of 175.99 feet to the point of tangency of said curve; 8. N20'4227"W for a distance of 65945 feet to an iron rod set at the S.V. corner of Lot 4, Block A and the most northerly, N.W. corner of -Lot 2 for the most northerly, N.W. corner hereof; THENCE the following three (3) courses and distances along the common north line of Lot 2 and the south line of Lot 4: 1. N69°17'33"E for a distance of 74.82 feet to an iron rod set; 2. N2420'52"E for a distance of 54.63 feet to an iron rod set, 3. N69°17'21"E for a distance of 563.47 feet to the POINT OF BEGINNING, containing 42,50 acres ofland. I, the undersigned do hereby certify that the field. notes hereon were prepared from an actual on -the -ground survey under my direct upervision and that they are true and correct to the best of ruy knowledge. Thomas P. Dixon R.P.L.S. 4324 P.O. Box 160176 Austin, Texas 78716-0176 LEGAL DESCRIPTION: 42.50 ACRES OF LAND. MORE OR LESS, OUT OF THE EPHRAIM EVANS SURVEY. ABSTRACT NO. 212, IN 1NILLIAMSON COUNTY, TEXAS, AND BEING OUT OF' THAT CERTAIN 94.39 ACRE TRACT OF LAND DESCRIBED SI 0 IN VOLUME 657, PAGE 659, DEED RECORDS, WILLIAMSON COUNTY, B's t Chandler .Road z ), TEXAS, AND BEING ALL OF LOT 2, BLOCK A. "ANAL PLAT OF EAST decounp. Road 114) cq ..kkrit, CHANDLER RETAIL CENTER", A PROPOSED SUBDIVISION IN 1 1110 WILLIAMSON COUNTY, TEXAS. Lot 3 Block A -AO% 0.43 acres N 6917'21" E ,A-.4....4 ‘f4:1 7 ii,,,z,.., +.7 Li 17 244.93' FIR .....- ... ly -.1 0 Waterloo Surveyors Inc SURVEY PLAT J9802FN2 LEGEND FOUND IRON ROD FIR SET IRON ROD SIR FOUND IRON PIPE RP FOUND HIGHWAY MONUMENT FHM POINT OF BEGINNING POB "Itt Found ..'.1 Iron Rod Stp N.W. CORNER N. 657/655 Found iron Rod N.W. CORNER 778/330 FHM 126 t.11 £.270 4 L28 7:1 -55 e, 5 Found "X" IN CONC. "9 N.W. CORNER 657/659 (94.39 ac) 130) 132 gtS 0) 5Ck 1:4 Lot 4 Block A 4' 0.40 acres , 041 ,0 LOT 1 0 to Lot 2 Block A CI 42.50 acres cr, Lot 1 Btock A FHM 20.94 acres 436 s c5 0 (n 111 rO 0 -10 )ZO Z A?ri C4 SF' 135 778/330 (14.64 ac) City of Round Rock Found Iron Rod N.W. CORNER 871/374 (2.0 ac) LINE COURSE AND DISTANCE CALLS LINE 1 DIRECTION j DISTANCE 11 N 69'17'21" E 662.03' 12 N 20'55'19' E 21.00' 13 $ 20'4227' E 59.59' 14 N 72'39'36 W 23.68' 15 N 59'04'07' W 158.08' 16 .5 6729'14" W 113.42' 17 N 6917'21' E 676.88' 18 S 22'25'39' W 29.15' 19 5 09'24'29" W 69.60' 110 5 07'36'57" E 79.37' L1t S 1822'32' W 44.30' 112 5 3515'54" E 226.60' 113 5 6817'04' W 137.20' 114 S 63'50'35" W 238.36' 115 S 64'23'50" W 164.56' 116 5 71'07'09" W 229.88' L17 N 34'45'51" W 530.13' 18 5 7523'51" W 171.67' S S‘.0 C3 'C4 -,i \ C 9-. \ --k (c. q \.). 54'57 2 ro •L'hil c 0 o Lot 2 Block A 42,50 acres 116 '01- 114 111 City of Round Rock 871/374 871/369 (2`1° fie) (2.32 oc) deki? "s. .., *st Lot 2, 13k B Chandler Creek LP .... 1.0 Oakmont Centre Sec. 5 F/139 119 N 5230'21" W 172.40' 120 N 81'31'11" W 173.14' 121 N 0203'55' W 112.67' 122 N 02'03'55" W 134.53' 123 N 02`03"55" W 192.00' 124 N 14'46'52" E 435.92' 125 N 1446'52' E 25.79' 126 N 6917'21" E 263.66' 127 N 75'05'45" E 118.61' L28 P4 6917`21" E 268.81' 129 5 65'39'08" E 37.56' 130 N 6917'33" E 74.82' 131 N 2420'52" E 54.63' 1132 N 6917'21" E 563.47' 1.33 N 20'42'27" W 659.45' 134 14 26'25'55" E 77.42' 135 N 69'17'40' E 685.29' 136 N 88'03'21" E 71.43' CURVE 1 RADIUS 1 LENGTH I CHORD 1 8EARING C1 1095.90' 398.72' 396.52' 5 08'19'14" W C2 220.00' '181.06' 175.99' N 02'51'16" E C3 158.15' 118.48` 115.73' N 47'51'43" E 406.00' 175.04' 173.68' 14 81'38'25" E C5 263.86' 28.49' 28.47' 5 8t8735- E Chandler Creek LP Oakmont Centre Sec. 5, Bk B. Lot 3 Found Iron Rod N.W. CORNER 951/17 Found Iron Rod N.E. CORNER 951/17 (2.0 ac) 324 "THE UNDERSIGNED DOES HEREBY CERTIFY THAT THE SKETCH HEREON WAS PREPARED FROM AN ACTUAL ON -THE -GROUND SURVEY AND TI -IAT IS IT IS TRUE AND COR ECT TO THE BEST OF MY KNOWLEDGE ON 15 THE 12TH DAY OF SEPTEMBER, 2005." Thomas P. Dixon R.P.LS. 4324 WATERLOO SURVEYORS INC, P.O. BOX 160176 AUSTIN, TEXAS 78716-0176 PHONE: (512) 481-9602 EXHIBIT B DRIVE THROUGH LOCATION N 6917'21" E CHANDLER ROAD (COUNTY ROAD 114) 563.47'___- -- N69'17'21"E 1338.91' N 6917'21" E 563.47' RIMARY ACCESS ROAD 1. PARTIAL PLAN VIEW 1"=100' 2, ENLARGED PLAN VIEW 1"=50' EXHIBIT C PRIMARY ACCESS DRIVE LANDSCAPING Exhibit "C-1" Primary Access Drive Exhibit "C-2" Entry Feature Landscaping (IH -35) Exhibit "C-3" Entry Feature Landscaping (Chandler Road) Exhibit "C-4" Primary Access Drive Landscaping Exhibit "0-5" Monarch Tree Landscaping EXHIBIT C-1 PRIMARY ACCESS DRIVE / �� 1 // 1 / 1 � '`\ / / / 1 I 11 / // / Baa` �J , 1 / / L 1 , 1 1 1 1 1 ,___ _ 1 CHANDLER ROAD COUNTY ROAD 114) 1 / / ,,' / 1 1 I 1 6 /� / 1 /// I 1 / 1 %I // 1 / 11,1 // 1 / I /1 1 1�1n 1 / 101 1,//,/ / / / ! 1 / // / / / //� /// / 11 1 / I/J ft JJ / I // ///'/ / !J / I// //'1 /1/ 1/1�1 C� 1///// t`^ 1//(11„ 1 /L�.'1 1 //1 1 / 1 cif / l ,l �t' / / �1 I / /1 / 1 /11 .� 1�/ 11 1� 1 /1 I 1 ,1 i LOT 1, BLOCK A 20.94 ACRES 1 '1 / / 1 /\ t 1 1 1 1 / \ 1 LOT 2, BLOCK A 42.50 ACRES 410 MO PRIMARY ACCESS DRIVE 1 1 NOTE: This Exhibit is a conceptual representation of the tandscapeing requirements included in the text of this PUD and does not reflect actual tree protection and mitigation requirements. NOTE: This Exhibit is a conceptual representation of the landscapeing requirements included in the text of this PUD and does not reflect actual tree protection and mitigation requirements. LO { H t o N Z co O N I — Q � w `,.�_% 0 LANTING AREA LOT LINE, TYP. SMALL TREE, TYP. User - Lot 2 All information show is based from sources deemed reliable and is is subject to change. NOTE: This Exhibit is a conceptual representation of the landscapeing requirements included in the text of this PUD and does not reflect actual tree protection and mitigation requirements. ,, User Lot 2 DATE: AUGUST 22, 2005 All information show is based from sources deemed reliable and is is subject to change. NOTE: This Exhibit is a conceptual representation of the landscapeing requirements included in the text of this PUD and does not reflect actual tree protection and mitigation requirements. User - Lot 2 V N —J cu1- C0 DATE: AUGUST 22, 2005 W AT MAIN ENTRY DRIVEWAY ACCESS EXHIBIT E 715' 8" 18' 5" CHANDLER ROAD (F.11, 1434) -t-7-7,77-7-7/727:7 1/2.4:7 • ,-//,/ DRIVEWAY "P" los owe' Os pos moonemor 411* NO DRIVEWAY "B" DRIVEWAY'' PUB 65 1 1 OR. MOM OF arms AS PER APPROVED H THE CITY tW ROUND 1300K RTATIDN SERVICES AFFIDAVIT OF SALE BEFORE ME, the undersigned authority personally appeared Jeffrey S. Newberg known to me to be the person whose name is subscribed to this Affidavit, EXC. tl of EGP Retail Management, LLC, general partner of McNeil Retail, Ltd. (the assignee of Cerco Development, Inc.), which entity purchased the approximately 42.5 acres described in City of Round Rock PUD No. 65 (the "Property"), who being duly sworn, on oath, deposed and stated the following: 1. My name is Jeffrey S. Newberg. I am above the age of 18 years, of sound mind, have never been convicted of a felony or crime of moral turpitude, and am fully qualified to make this Affidavit. 2. am authorized to make this Affidavit in the capacity of of EGP Retail Management, LLC, a Texas limited liability company, general partner of McNeil Retail, Ltd., a Texas limited partnership, owner of the Property that is described in the attached Exhibit "A" ("Owner"). 3. I have personal knowledge of the facts contained herein as of the general partner of the Owner of the Property. On the basis of my personal knowledge, after diligent inquiry, I hereby attest that, as of the date of this Affidavit: On September 15, 2005, the "Sale" described in City of Round Rock PUD No. 65, Section II.3 occurred, pursuant to which Sale the Owner purchased the Property from McNeil Consumer & Specialty Pharmaceuticals, a division of McNeil -PPC. SIGNED, this 11 day of September, 2005. STATE OF TEXAS COUNTY OF TRAVIS § § AFFIANT: rey S. Newberg Subscribed, sworn to, and acknowledged before me on September , 2005, by Jeffrey S. Newberg. 1 NANCY VANHEMERI Notary Public, State of Texas My Commission Expires ''" March 28, 2009 Notary 1ic, State of 3( -1- Office: 512-81-9602 Fax: 512-330-1621 page 1 of Waterlo r Surveyors Inc. EXHIBIT "A" September 14, 2005 FIELD NOTES Thomas P. Dixon .R.P.L S, 4324 19802FN2 FIELD NOTES FOR 42.50 ACRES OF LAND, MORE OR LESS, OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO.: 212, IN WILLIAMSON COUNTY, TEXAS, SAME BEING OUT OF THAT CERTAIN 94.39 ACRE TRACT OF LAND DESCRIBED IN VOLUME 657, PAGE 659; DEED RECORDS, WILLIAMSON COUNTY, TEXAS, AND FURTHER BEING ALL OF LOT 2, BLOCK A,"FINAL PLAT OF EAST CHANDLER RETAIL CENTER", A PROPOSED SUBDIVISION IN WILLIAMSON COUNTY, TEXAS; FOR WHICH A MORE PARTICULAR, DESCRIPTION BY METES AND BOUNDS IS AS FOLLOWS: BEGINNING at an iron rod set on the east line of said 9439 acre tract, same being on the west line of Lot 1, Oakmont Centre Section 2, a subdivision in Williamson County; Texas, according to the map or plat thereof recorded in Cabinet 1, slide 174, Plat Records, Williamson County; Texas, for the N;13 comer of Lot 2 and the 8a comer of Lot 4, Block A, "FINAL PLAT OF EAST CHANDLER RETAIL CENTER", for the N.E. corner hereof, from which point an iron rod found on the south R.O.W. of West Chandler Road(County Road 114) at the N.W. corner of Lot 1, Oakmont Centre Section 2, bears N20°55' 19"E ata distance of 21.00 feet; THENCE 320°55'19"E for a distance of 1479,61 feet to an iron rod found at the S.W. corner of Lot 1, Block 8, Oakmont Centre Section 5, a subdivision in Williamson County, Texas, according to the nap or plat thereof recorded in Cabinet F, Slide 139, Plat Records, WilliaxnsonCounty, Texas, for the most easterly, S.E. corner hereof; THENCE the following nine (9) courses and distances along thenorth and west line of Lot 2, Block 13, Oakmont Centre Section 5: 1. N72°39'36"W for a distance of 23.68 feet to a pipe found;, 2: N59°04'07"W for a .distance of 158.08 feet to an iron rod found; 3. S67°29'14"W for a distance of 113.42 feet to an iron rod set; 4. 854°57'22"W for a distance of 373.45 feet to an iron rod found; 5. S22°25'39"W for a distance of 29.15 feet to an iron rod found, 6. S09°24'29"W for a distance of 69.60 feet to an iron rod found; 7. S07°36'57"E for a distance of 79.37 feet to an iron rod found; 8: S18°22'32"W for a distance of 44.30 feet to an iron rod found; 9. S35° 15'54"E for a distance of 226.60 feet to an iron' rod found at the N.W. corner of that certain 2.0 acre tract recorded in Volume 951, Page 17, Deed Records, Williamson County, Texas, for the most southerly, S.E. corner hereof; THENCE S68°17'04"W :fora distance of 137.20 feet to an iron rod foundhe N.W. comer of Lot 3, Block 13, Oakmont Centre Section 5; P.O. Box 1.60176. Austin, Texas 78716=0176 Office: 512-481-9602 Fax: 512-330-1621 page 2 of Waterloo Surveyors Inc, EXHIBIT "A" September 14, 2005 Thomas P. Dixon R.RL.S. 4324 J9802FN2 I UENCE S63°50'35"W far a distance of 238.36 feet to an iron rod set at the N.W. corner of that certain 2.32 acre tract recorded in Volume 871, Page 369, Deed Records, Williamson County, Texas; THENCE S64°23'50"W for a distance of 164.56 feet to an iron rod set; i BENCE S71 °07'09"W fora' distance of 229.88 feet to an iron rod found at the N.W. corner of that certain 2.0 acre tract recorded in Volume 871, Page 374, Deed Records, Williamson County, Texas, same beingat an angle point on the east line of that certain 14.64 acre tract of land recorded in Volume 778, Page 330, Deed Records, Williamson County; Texas for the most southerly, S.W. corner hereof; THENCE the following .four (4) courses and distances along the north line of said 1.4.64 acre tract: 1. N34°45'51"W fora distance of 530.13 feet to an iron rod set; 2. S75°23'51"W fora distance of 171.67 feet to an iron rod set; 3. N52°30'21"W for a distance of 172.40 feet to an iron rod set; 4. N.81 °31' I 1"W fora distance of 173.14 feet to an iron rod found on the east R.O.W. of Interstate Highway 35 at the common N.W. corner of said 14.64 acre tract and the SW. corner hereof; THENCE the following two courses and distances along the east R.O.W.' of Interstate highway 35: 1. NO2°03'55"W fora distance of 112.67 feet to an iron rod found at the N.W. corner of that certain tract of parcel of land recorded. in Volume 657, Page 655, Deed Records; Williamson County, Texas; 2 NO2°03'55'°W for a distance of 134.53 feet to an iron rod set for the most westerly, N.W. comer hereof from which point a highway monument found at the point of curvature of a curve curving to the right bears NO2°03'55"W at a distance of 192.00 feet; THENCE the following eight courses and distances along the north and west line of Lot 2 crossing said 94.39 acre tract 1, N88°03'21 "E fora distance of 71.43 feet to an iron rod set at the point of curvature of a curve curving to the right having a radius of 263.86 feet; 2. 28.49 feet along the are of said curve with a chord which bears S88°58'35"E for a distance of 28.47 feet to an iron rod set at the point of curvature of a reverse curve curving to the left with a radius of 406.00 feet; 3. 175.04 feet long the arc of said curve with a'chord which bears N81 °38'25"E for a distance of 173.68 feet to an iron rod set at.the point of tangency of said curve; 4. N699 7'40"E for a distance of 685.29 feet to an iron rod set at the point of curvature of a curve curving tothe left with a radius of 158.15 feet; 5» 118.48 feet along the arc of said curve with a chord which bears N47°51'43"E for a distance of 115.73 feet to the paint of tangency of said curve 6. N26°25'55"E for a distance of 77.42 feet to the paint ofcurvafure of a curve curving to the left with a radius of 220.00 feet; P.O. Box 160176 Austin, Texas 78716-0176 Office: 512-481.9602 Fax: 512-330-1621 page 3 of 3 Waterloo Surveyors Inc. EXHIBIT"A" September 14, 2005 Thomas P.,. Dixon R.P,L.S. 4324 39802FN2 7. 181.06 feet along thearc of said curve with a chord which bears N0.2°51' 16".E• fora distance of 175.99 feet to the point of tangency of said curve; 8. N20°42'27"W for a distance of 659.45 feet to an iron rod set at the. S.W. corner of Lot 4, Block A and the most northerly, N.W. corner of Lot 2 for the most northerly, N.W. corner hereof; THENCE the following three (3) courses and distances along the common north line of Lot 2 and the south line of Lot 4: 1. N69°17'33"E for a distance of 74.82 feet to an iron rod set; 2. N24°20'52"E fora distance of 54.63 feet to an iron rod set; 3. N69°17'21"E fora distance of 563.47 feet to the POINT OF BEGINNING; containing 42.50 acres ofland. I, the undersigned do hereby certify that the field notes hereon were prepared from an actual on -the -ground survey under my direct upervision and that they are true and correct to the best of my knowledge. Thomas P. Dixon R.P.L.S. 4324 P.O. Box 160176 Austin, Testas 78716-0176 LEGAL DESCRIP11014: 42.50 ACRES OF LAND, MORE OR LESS, OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, IN. WILLIAMSON COUNTY, TEXAS, AND BEING OUT OF THAT CERTAIN 94.39 ACRE TRACT OF LAND DESCRIBED IN VOLUME 657, PAGE 659, DEED RECORDS, WILLIAMSON COUNTY, est C1%.xldlep Read TEXAS, AND BEING ALL OF LOT Z BLOCK .A, "FINAL PLAT OF EAST (Co11220' Road 2+7, 11 CHANDLER RETAIL CENTER", A PROPOSED SUBDIVISION. IN 1 WILLIAMSON COUNTY, TEXAS. LEGEND FOUND IRON ROD FIR SET IRON ROD SIR FOUND IRON PIPE F IP FOUND HIGHWAY MONUMENT FHM: POINT OF BEGINNING POB f Waterloo Surveyors Inc. SURVEY PLAT /FQund Ir Iron Rod Shy 6 7 CORNER 657/655\\\..,‘; Cl Found Iron Rod N.W. CORNER 778/330 FHM C3£{�cs�R G4 ?" FHM Lo't L26 11 Block A 44.3 acres 59' L27(11 .t L2 Found "X" IN CONC. C`�9 5 N.W. CORNER 657/659 (94.39 oc) Lot 1 Block A 20.94 :acres L35 M J9802 O N 6917'21" E«�. 24.93' r9.zO. fiN SSR 4 17 T FIR L30 i 132 Q ty'""i g0 5�R t, Lot 4 Block A 0.40 acres Lot 2 Block A 42.50 acres 0 D rnX K 0Z -10 -� Z0 NZ P1 C5 oz. C3 Sf' L18 778/330 (14.64 cc) City of Round Rock Found Iron Rod N.W. CORNER 871/374 (2.0 ac) LINE COURSE AND DISTANCE CALLS LINE I DIRECTION I.DISTANCE Li N 6917'21" E 662.03' 12 N 20'55'19" E 21.00' L3 5 20'42'27" E 59.59' 14 J 72'39'36" W 23:68' L5 N 59`•04'07" W 15$.138' 16 5 •67 29'14" W 113.42' L7 N 6917'21" E 678.88' 126 S 22'25'39" W 29.15' L9 5 0'9'24'29" W 69.60' 110 S 07'36'57" E 79:37' L11 S 18 22'32" W 44.30' L12 5. 35'15'54" E 22880' 1,13. S ' 68'17'04" W 137;20' 114 S 63'50'35" W 238,.36 LT5 5:84,'23'50" •W 164.56' 116 S 71 07'09" .W 229.88' 117 N 34'45,51 " W .. 531}:13' 11.8 5 761351" 1N 171,5`7" c\R S\. 5 5:736 `n to Fti /it Lot 2 Block A 42.50 'acres 116 J L14 :596113- LINE 113 !R v'` Lot 2, Bk 13 rr Chandler Creek LP Oakmont Centre Sec. 5 F/139 City of Round Rack 871/374 871/369 (2.0 cc) (2.32 ac) L19 N 52'30'21" W 172:40' L20 N 81731.11" W 173,1.4' 121 N 02'03'55" W 112,67' 122 N 02'03'55" W 134.53' L23 N 02'03'05" •W 192;00' 124 N 14'46'52" E 435.92' 125 N 14'46 2" E 25.79' 126 N "69.'17'21" '.E 263,66' 127 N. 7505'4V E 11361' ' t28 N 6917'21'.' E 268.81' 128 $ 65'3V08" E 37:56' L30 N 69'12'33" E. 74.82` L31 N 24"20''52" E 54.63' L32 N'6917'21" E .563.47' 133 N 20442'27" W 69:45 1..34, N 28''25'55" E• 77.42' 135 N 6917 40" E 6 '2 ' L36 N *0 '21" 71 4'3' CU,,RVE 1 AAOIL'S 1 LENGTH )CHORD" ( EiEAR1N0 C1 1095.9{1 398.72' 398.52' S 081914" W 02 220.00 1131.:36" 176.99' N 02'51'18' E C3:; 1.59.15' 118,48 115.73 N 47'51 43' E C4 . .. 4:06.00' ..1.75:04' 17518' N 81113'25' E C5 : , : 263.86' 28.49' 28.47' $.'.88`51'35ri:, Chandler Creek LP Oakmont Centre Sec. 5, Bk 13, Lot 3 Found Iron Rod N.W. CORNER 951/17 Found Iron Rod N.E. CORNER 951/17 (2.0 oc) "THE UNDERSIGNED DOES HEREBY CERTIFY THAT THE SKETCH HEREON WAS PREPARED FROM AN ACTUAL ON—THE—GROUND SURVEY AND THAT IS IT IS TRUE AND COR`ECT TO THE BEST OF MY KNOWLEDGE ON j 15 THE 12TH DAY OF SEPTEMBER„ 2005." T3Orci4s 'P. 1Th R.P.LS. 4324 WATERLOO SURVEYORS INC. P.O.. BOX 160176' AUSTIN, TEXAS 78716-0176, PHONE: (512) 481-9502 11 THE STATE OF TEXAS COUNTY OF WILLIAMSON * CITY OF ROUND ROCK II 11 111 11 11111 11 III III ORD 37 PGS 2005084112 I, SHERRI MONROE, Assistant City Secretary of the City of Round Rock, Texas, do hereby certify that I am the custodian of the public records maintained by the City and that the above and foregoing is a true and correct copy of Ordinance No. Z -05-09- 08-10C3, which approves rezoning 42.50 acres of land out of the Ephraim Evans Survey from District LI to District PUD No. 65 (Endeavor Tract). This ordinance was approved and adopted by the City Council of the City of Round Rock, Texas, on the 8th day of September, 2005. These minutes are recorded in the official City Council Minute Book No. 53. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 20th day of October 2005. SHERRI MONROE, Assistant City Secretary ORDINANCE NO. 4-125-0q -0 g- i 0 C3 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.305(2), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 42.50 ACRES OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT LI (LIGHT INDUSTRIAL) TO PLANNED UNIT DEVELOPMENT (PUD) NO. 65. 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 42.50 acres of land, out of the Ephraim Evans Survey, Abstract No. 212, in Round Rock, Williamson County, Texas, being .more fully described in Exhibit "A" attached hereto, from District LI (Light Industrial) to Planned Unit Development (PUD) No. 65, 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 24th day of August, 2005, following lawful publication. of the notice of said public hearing, and WHEREAS, after considering the public testimony received at such hearing, the Planning and Zoning Commission has recommended that the Official Zoning Map be amended so that the zoning classification of the property described in Exhibit "A" be changed to PUD No.65, and @PFDesktop\::ODMA/WORLDOX/O:/WDOX/ORDINANC/050908C3. WPD/Cdc WHEREAS, on the 8th day of September, 2005, after proper notification, the City Council held a public hearing on the requested amendment, and WHEREAS, the City Council determines that the zoning provided for herein promotes the health, safety, morals and protects and preserves the general welfare of the community, and WHEREAS, each and every requirement set forth in Chapter 211, Sub -Chapter A., Texas Local Government Code, and Section 11.300 and Section 11.400, Code of Ordinances (1995 Edition), City of Round Rock, Texas concerning public notices, hearings, and other : procedural matters has been fully complied with, Now Therefore BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That the City. Council has hereby determined the Planned Unit Development (PUD) No. 65 meets the following goals and objectives: (1) The development in PUD No. 65 is equal to or superior to development that would occur under the standard ordinance requirements. (2) P.U.D. No. 65 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) P.U.D. No. 65 does not have an undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and general welfare. (4) P.U.D. No. 65 will be adequately provisioned by essential public facilities and services including streets, parking, drainage, water, wastewater facilities, and other necessary utilities. (5) P.U.D. No. 65 will be constructed, arranged and maintained so as not to dominate, by scale and massing of structures, the immediate neighboring properties or 2. interfere with their development or use in accordance with any existing zoning district. II. That the Official Zoning Map adopted in Section 11.401(2)(a), Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended so that the zoning classification of the property described in Exhibit "A", attached hereto and incorporated herein shall be, and is hereafter.designated as, Planned Unit Development (PUD) No. 65, and that the Mayor is hereby authorized and directed to enter into the Agreement and Development Plan for PUD No. 65 attached hereto as Exhibit "B", which agreement shall govern the development and use of said property. III. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate- other sections or provisions thereof. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public. as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open •Meetings Act, Chapter 551, Texas Government Code, as amended. 3. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED, and ADOPTED on first reading this - day of , 2005. Alternative 2. READ and APPROVED on first reading this the day of , 2005. READ, APPROVED and ADOPTED on second reading this the day of ATTEST: NYLEP Jim LL, Mayo City o Round Rock, Texas CHRISTINE R. MARTINEZ, City Secr 4. ary Office: 512-48/-9602 Fax: 512-330-1621 page 1 of 3 Waterloo Surveyors Inc. EXHIBIT "A" July 20, 2005 FIELD NOTES Thomas P. Dixon R.P.L.S. 4324 J9802FN2 FIELD NOTES 42.50 ACRES OF LAND, MORE OR LESS, OUT OF THE EPHAIM EVANS SURVEY, ABSTRACT NO. 212, IN WILLIAMSON COUNTY, TEXAS, SAME BEING OUT OF THAT CERTAIN 94.39 ACRE TRACT OF LAND DESCRIBED IN VOLUME 657, PAGE 659, DEED RECORDS, TRAVIS COUNTY, TEXAS, AND FURTHER BEING ALL OF LOT 2, BLOCK A, "FINAL PLAT OF EAST CHANDLER RETAIL CENTER", A PROPOSED SUBDIVISION IN WILLIAMSON COUNTY, TEXAS; FOR WHICH A MORE PARTICULAR DESCRIPTION BY METES AND BOUNDS IS AS FOLLOWS: BEGINNING at point on the east line of said 94.39 acre tract, same being on the west line of Lot 1, Oakmont Centre Section 2, a subdivision in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet F, slide 174, Plat Records, Williamson County, Texas, for the N.E. corner of Lot 2, Block A, "FINAL PLAT OF EAST CHANDLER RETAIL CENTER", for the N.E. corner hereof, from which point an iron rod found on the south R.O.W. of West Chandler Road (County Road 114) at the N.W. corner of Lot 1, Oakmont Centre Section 2, bears N20°55' 19"E at a distance of 21.00 feet; 'THENCE S20°55'19"E for a distance of 1479.61 feet to an iron rod found at the S.W. corner of Lot 1, Block B, Oakmont Centre Section 5, for the most easterly, S.E. comer hereof; THENCE the following nine (9) courses and distances along the north line of Lot 5, Block B, Oakmont Centre Section 5: 1. N72°39'36"W for a distance of 23.68 feet to a pipe found; 2. N59°04'0T'W for a distance of 158.08 feet to an iron rod found; 3. S67°29' 15' W for a distance of 113.42 feet to an iron rod set; 4. S54°57'23"W for a distance of 373.45 feet to an iron rod found; 5. S22°25'39"W for a distance of 29.15 feet to an iron rod found; 6. S09°24'29"W for a distance of 69.60 feet to an iron rod found; 7. S07°36'56"E for a distance of 79.37 feet to an iron rod found; 8. S18°22'33' W for a distance of 44.30 feet to an iron rod found; 9. S35°15'54"E for a distance of 226.60 feet to an iron rod found at the N.W. comer of that certain 2.0 acre tract recorded in Volume 951, Page 17, Deed Records, Williamson County, Texas, for the most southerly, S.E. comer hereof; THENCE S68°17'04"W for a distance of 137.20 feet to an iron rod found at the N.W. comer of Lot 5, Block B, Oakmont Centre Section 5; P.O. Box 160176 Austin, Texas 78716-0176 Waterloo Surveyors Inc. Office: 512-481-9602 Thomas P. Dixon Fax: 512-330-1621 R.P.L.S. 4324 EXHIBIT "A" J9802FN2 page 2 of 3 July 20, 2005 THENCE S63°50'35"W for a distance of 238.36 feet to an iron rod set at the N.W. comer of that certain 2.35 acre tract recorded in Volume 871, Page 369, Deed Records, Williamson County, Texas; THENCE S64°23'51"W for a distance of 164.56 feet to an iron rod set; THENCE S71 °07'09"W for a distance of 229.88 feet to an iron rod found at the N.W. comer of that certain 2.0 acre tract recorded in Volume 871, Page 374, Deed Records, Williamson County, Texas, same being at an angle point on the east line of that certain 14.64 acre tract of land recorded in Volume 778, Page 330, Deed Records, Williamson County, Texas for the most southerly, S.W. comer hereof; HENCE the following four (4) courses and distances along the north line of said 14.64 acre tract: 1. N34°45'51"W for a distance of 530.13 feet to an iron rod set; 2. S75°23'51"W for a distance of 171.67 feet to an iron rod set; 3. N52°30'20"W for a distance of 172.40 feet to an iron rod set; 4. N81°31' 11 "W for a distance of 173.14 feet to an iron rod found on the east R.O.W. of Interstate Highway 35 at the common N.W. corner of said 14.64 acre tract and the S.W. comer hereof; I HENCE the following two courses and distances along the east R.O.W. of Interstate Highway 35: 1. NO2°03'55"W for a distance of 112.67 feet to an iron rod found at the N.W. comer of that certain tract of parcel of land recorded in Volume 657, Page 655, Deed Records, Williamson County, Texas; 2. NO2°03'55"W for a distance of 134.53 feet to a point for the most westerly, N.W. corner hereof from which point a highway monument found at the point of curvature of a curve curving to the right bears NO2°03'55"W at a distance of 192.00 feet; THENCE the following eleven (11) courses and distances crossing said 94.39 acre tract: 1. N88°03'22"E for a distance of 71.42 feet to the point of curvature of a curve curving to the right having a radius of 263.86 feet; 2. 27.79 feet along the arc of said curve with a chord which bears S89°03'09"E for a distance of 27.77 feet to the point of curvature of a reverse curve curving to the left with a radius of 406.00 feet; 3. 175.74 feet long the arc of said curve with a chord which bears N81 °41'23"E for a distance of 174.37 feet to the point of tangency of said curve; 4. N69°17'40"E for a distance of 685.32 feet to the point of curvature of a curve curving to the left with a radius of 158.15 feet; 5. 118.42 feet along the arc of said curve with a chord which bears N47°51'41"E for a distance of 115.67 feet to the point of tangency of said curve; 6. N26°25'55"E for a distance of 77.45 feet to the point of curvature of a curve curving to the left with a radius of 220.00 feet; P.O. Box 160176 Austin, Texas 78716-0176 Office: 512-481-9602 Fax: 512-330-1621 page 3 of 3 Waterloo Surveyors Inc. EXHIBIT "A" July 20, 2005 Thomas P. Dixon R.P.L.S. 4324 J9802FN2 7. 181.06 feet along the arc of said curve with a chord which bears NO2°51' 17"E for a distance of 175.99 feet to the point of tangency of said curve; 8. N20°42'2T'W for a distance of 659.45 feet; 9. N69° 17'33"E for a distance of 74.82 feet; 10. N24°20'53"E for a distance of 54.63 feet; 11. N69°17'21"E for a distance of 563.47 feet to the POINT OF BEGINNING, containing 42.50 acres of land. 1, the undersigned do hereby certify that the field notes hereon were prepared from an actual on -the -ground survey under my direct supervision and that they are true and correct to the best of my knowledge. Thomas P. Dixon P.L.S. 4324 P.O. Box 160176 Austin, Texas 78716-0176 LEGAL LEGAL 'DESCRIPTION: RECORDERS MEMORANDUM All or part of the text on this page was not clearly legible for satisfactory recordation. SURVEY t -i 1 LEGEND J9802FN2 42.50 ACRES OF LAND, MORE OR LESS, OUT OF THE EPHAIM EVANS FOUND IRON ROD FIR SURVEY, ABSTRACT NO. 212, IN WILLIAMSON COUNTY, TEXAS, AND SET IRON ROD SIR BEING OUT OF THAT CERTAIN 94.39 ACRE TRACT OF LAND DESCRIBED FOUND IRON PIPE FIP IN VOLUME 657, PAGE 659, DEED RECORDS, WILLIAMSON COUNTY, FOUND HIGHWAY MONUMENT FHM TEXAS, AND BEING ALL OF LOT 1, BLOCK A, "FINAL PLAT OF EAST POINT OF BEGINNING POB CHANDLER RETAIL CENTER", A PROPOSED SUBDIVISION IN WILLIAMSON COUNTY, TEXAS. (County Road 1149 esi Chandler Road �� _.• Ll SIR X4:I Q. - Found "X" IN N.W. CORNER 657/659 (94 t oc) t�-seed�s°r'geti'�' >Q� W Foe - eseeeeeMe,NeeeeeeN.••eee THOMAS P. DLXON ooaeeeeeeeaeoaeeweeee.••e s 9 4324 1 o 4- iA'.° rss\O e CONC.. found Iron Rod N.W. CORNER � 657/655 tea. eee•e• SUR`i ti Found Iron Rod N.W. CORNER--/� 778/330 AV 0 4/ e (13 ti POB FHM C1 SIR �4 L35 N 691 7'21 " E 244.93' 126 N L28 'SIR SIR SCALE 1 "=500' Lot 1 Btock A 20.94 acres M J 130 �� 132 POB Lot 3 Block A 0.83 acres C3 .mob C2 C5 SIR SIR 20 Lot 2 Block A S\R 42.50 acres SSR L18 City of Austin 778/330 (14.64 ac) Lot 2 Block A 42.50 acres J y Zi .44 _, L FI' �7 PiR~ iRCandleroCreek lt LP Oakmont Centre Sec. 5, Bk 8 113 �L14 �o\ 116 NL15in LINE COURSE Found Iron Rod N.W. CORNER 871/374 (2.0 oc) City of Austin 871/374 (2.0 ac) AND DISTANCE CALLS City of Austin LINE 1 DIRECTION 1 DISTANCE 11 N 691 7'21 " E 1338.91' L2 S 20'55'19" E 21.00' L3 S 20'55'19" E 1479.61' L4 N 72'39'36" W 23.68' L5 N 59'04'07" W 158.08' 16 .S 67'29'15" W 113.42' L7 S 54'57'23" W 373.45' 18 S 22'25'39" W 29.15' 19 S 09'24'29" W 69.60' 110 S 07'36'56" E 79.37' L11 S 18'22'33" W 44.30' 112 S 35'15'54" E 226.60' 113 S 6817'04" W 137.20' L14 S 63'50'35" W 238.36' L15 S 64'23'51" W 164.56' 116 S 71'07'09" W 229.88' Liz N 34'45'51" W 530.13' 118 S 75'23'51" W 171.67' 119 N 52'30'20" W 172.40' 871/369 (2.32 ac) N J LOT 1 Candler Creek LP Oakmont Centre Sec. 5, Bk B, Lot 3 1 Found Iron Rod S.W. CORNER 951/17 120 N 81'31'11" W 173.14' 121 S 02'03'55" E 112.67' 122 S 02'03'55" E 134.53' 123 S 02'03'55" E 192.00' L24 N 14'46'52" E 435.92' 125 N 14'46'52" E 25.79' 126 N 691 7'21 " E 263.66' 127 N 75'05'45" E 118.61' 128 N 69'17'21" E 268.81' 129 S 65'39'07" E 37.56' 130 N 69'17'33" E 74.82' 131 N 24'20'53" E 54.63' 0 0 v Z ,O C� crl O tiro nW Z OZ 4 mN p J O Ind N z W 0 -I Z Lit CO PI • N Z N U tD-1 AZO rn ZOO I-coU O�I- Found 0 Iron Rod -I N.E. CORNER 951/17 (2.0 ac) "The undersigned does hereby certify that the sketch hereon was prepared from an actual on -the -ground survey and that it is true and correct to the best of my knowledge on this the 15th day of August, 2005. Thomas P. Dixon RPLS 4324 132 N 69'17'21" E 563.47' 133 N 20'42'27" W 659.45' L34 N 26'25'55" E 77.45' L35 N 6917'40" E 685.32' 136 N 88'03'22" E 71.42' CURVE RADIUS !LENGTH 1 CHORD 1 BEARING C1 1095.90' 398.72' 396.52' S 0819'14" W C2 220.00' 181.06' 175.99' N 02'51'17" E C3 158.15' 118.42' 115.67' N 47'51'41" E C4 406.00' 175.74' 174.3T N 81'41'23" E C5 263.86' 27.79' 27.77' N 89'03'09" W AGREEMENT AND DEVELOPMENT PLAN ENDEAVOR PUD PLANNED UNIT DEVELOPMENT NO. 65 THE STATE OF TEXAS § COUNTY OF WILLIAMSON § EXHIBIT tie 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 Cerco Development, Inc., its successors and assigns, having their offices at 221 West 6th Street, Suite 1300, Austin, Texas 78701 (hereafter referred to as the "Owner"). WHEREAS, the Owner is the owner of certain real property consisting of approximately 42.50 acres, as more particularly described in Exhibit "A", (herein after referred to as the "Property") attached hereto and made a part hereof. WHEREAS, The Owner has submitted a request to the City to rezone the Property as a Planned Unit Development (the "PUD"). WHEREAS, pursuant to Chapter 11, Section 11.316(8) of "the Code" (as defined in Article II, Section 1, below), the Owner has submitted a Development Plan setting forth - the development conditions and requirements within the PUD, which Development Plan is contained in Section II of this Agreement; and WHEREAS, -the City has held two public hearings required by law to solicit input from all interested citizens and affected parties; and WHEREAS, on August 24, 2005, the City's Planning and Zoning Commission recommended approval of the Owner's application for a PUD; and WHEREAS, the City Council has reviewed the proposed Development Plan and determined that it promotes the health, safety, and general welfare of the citizens of Round Rock and that it complies with the intent of the Planned Unit Development Ordinance of the City; NOW THEREFORE BY THIS AGREEMENT WITNESSETH that, in consideration of the covenants and conditions set forth herein, the City and the Owner agree as follows: -1- 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 11.14 below are followed. 3. ZONING VIOLATION Owner understands that any person, firm, corporation or other entity violating any conditions or terms of the Development Plan shall be subject to any and all penalties for the violation of any zoning ordinance provisions as stated in Section 1.601 of the Code. 4. LIEN HOLDER CONSENT There is no lien holder of record with regard to the Property as of the date of Agreement. 5. MISCELLANEOUS PROVISIONS 5.1 Assignment Neither party may assign its rights and obligations under this Agreement without having first obtained the prior written consent of the other which consent shall not be unreasonably withheld. This section shall not prevent Owner from selling or leasing the Property or portions of the Property, together with all development rights and obligations contained in this Agreement and Development Plan. No consent shall be required in connection with such sale or assignment of the Property, in part or in whole, provided the purchaser or assignee assumes Owner's obligations in writing as to such portions of the Property, upon which assumption the Owner shall be released from any further obligations hereunder. -2- 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 of this Agreement aredeemed invalid, illegal or unenforceable in any respect such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement and in such event, this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained in this Agreement. 5.4 Entire Agreement This Agreement constitutes the entire agreement of the parties and supersedes any prior or contemporaneous oral or written understandings or representations of the parties respecting the subject matter. 5.5 Applicable Law This Agreement shall be construed under and in accordance with the laws of the State of Texas. 5.6 Venue All obligations of the parties created hereunder are performable in Williamson County, Texas, and venue for any action shall be in Williamson County. 5.7 No Third Party Beneficiaries Nothing in this Agreement, express or implied, is intended to confer upon any person or entity, other than the parties hereto (and their respective successors and assigns), any rights, benefits or remedies under or by reason of this Agreement. 5.8 Duplicate Originals This Agreement may be executed in duplicate original, each of equal dignity. -3- 5.9 Notices Until changed by written notice thereof any notice required under this Agreement may be given to the respective parties, by certified mail, postage prepaid or by hand delivery to the address of the other party shown below: OWNER Cerco Development, Inc. 221 West 6th Street Suite 1300 Austin, Texas 78701 Attn: Jeff Newberg CITY OF ROUND ROCK City of Round Rock, Texas 221 East Main Street Round Rock, Texas 78664 Alton: Director of Planning 5.10 Appeal of Administrative Decisions Administrative decisions provided for in this Agreement may be appealed to the City Council in writing within fourteen (14) days following receipt by Owner of the written confirmation of the decision. 5.11 Binding Effect This Agreement and the Development Plan binds and benefits the Owner and its successors and assigns, and runs with the land. 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 through and including the date of this Agreement, but not afterward, City of Round Rock, Texas, hereinafter referred to as "the Code." 2. PROPERTY This Development Plan ("Plan") covers approximately 42.50 acres of land, located within the city limits of Round Rock, Texas, and more particularly described by metes and bounds in Exhibit "A". -4- 3. EFFECTIVE DATE Prior to the effective date of this Agreement, the Property was zoned "LP". Notwithstanding the base zoning district identified for the Property in Section 5.1, and notwithstanding Sections 6 (Permitted Uses) and 7 (Prohibited Uses) below, all "LI" zoning district permitted uses and all applicable regulations shall be allowed on the Property until the closing (i.e., delivery of title and purchase funds) of the sale of the Property by McNeil Consumer & Specialty Pharmaceuticals, a division of McNeil -PPC, to Cerco Development, Inc. or its assigns pursuant to the contract between them (the "Sale"), on which Sale date all of Sections 4 through 16 of this Agreement shall apply. The purchaser at the Sale shall submit to the City an affidavit in the form attached hereto as Exhibit "F" stating that the Sale has occurred. 4. PURPOSE The purpose of this Plan is to ensure a PUD that 1) is equal to or superior to development that would occur under the standard ordinance requirements, 2) is in harmony with the General Plan, as amended, 3) does not have an undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and welfare, 4) is adequately provisioned by essential public facilities and services, and 5) will be developed and maintained so as not to dominate, by scale or massing of structures, the immediate neighboring properties or interfere with their development or use in accordance with any existing zoning district. 5. APPLICABILITY OF CITY ORDINANCES 5.1 Zoning and Subdivision Ordinances The Property shall be regulated for purposes of zoning and subdivision by this Plan. All aspects not specifically covered by this Plan shall be regulated by applicable sections of the Code. Except as provided otherwise in this Agreement, the base zoning district for the Property is "C-1" (General Commercial). Notwithstanding the foregoing, if there is a conflict between this Agreement and Plan and the Code, this Agreement and Plan shall supersede the specific conflicting provisions of the Code. 5.2 Other Ordinances All other Ordinances within the Code shall apply to the Property, except as clearly modified by this Plan. In the event of a conflict, the terms of this Agreement shall control. -5- 6. PERMITTED USES All of the uses listed as permitted by right for zoning district "C-1" under the Code shall be permitted uses on the Property, together with the following which shall also be permitted uses: • Park, Private • Residential, located above ground floor retail (provided that such residential usage may not exceed two (2) additional stories above the ground floor retail use) • Eating Establishments, including one and only one drive through located at the northeast corner of the Property in the general configuration depicted in Exhibit "B" such that the drive through queuing lane is not in the street yard; and provided that a non -vehicular "to go" window for a sit down restaurant shall not be counted as such a drive through use 7. PROHIBITED USES In addition to uses that are prohibited in zoning district "C-1" under the Code, the following uses are prohibited: • Automotive & machinery repair • Automotive & machinery services • Automotive & machinery washes • Automotive parts sales (as a primary use) • Automotive rental • Automotive sales • Billiard parlors & pool halls (as a primary use) • Boat sales (as a primary use) • Bulk distribution centers (provided that this shall not prohibit warehouse use that is ancillary to a permitted primary use) • Camper sales • Campgrounds • Donation centers • Flea markets • Gasoline & fuel sales • Grocery store • Heavy equipment sales, rental & leasing • Industrial building sales • Kennels • Manufactured home sales • Mini warehouses • Outdoor Entertainment -6- • Pawn shops • Portable building sales (as a primary use) • Recreational vehicle parks • Recycling centers (provided that this prohibition shall not prevent use of temporary collection and storage bins for recyclable materials generated by a permitted use during the ordinary course of business) • Sale of used goods (except antiques and estate sales) • Self -Storage • Sexually oriented businesses • Shooting ranges • Tattoo parlors • Truck service or repair • Truck stops • Trucking terminals • Video arcades (as a primary use) • Wholesale nurseries (as a primary use) • Wireless Transmission Facility, Self -Standing • Wrecking yards 8. ADDITIONAL USES All other uses that are not specifically addressed in this ordinance will require an amendment in accordance with Section 14, below. 9. LANDSCAPING In addition to complying with the landscape and tree ordinances of the Code, development of the Property shall include the preservation of the existing Monarch Tree located on the Property and the following enhancements along the Primary Access Drive, as identified in Exhibit "C-1". One large tree shall be planted every forty feet (40') on center in the median island and along the south and east sides of the Primary Access Drive, as conceptually depicted in Exhibits "C-3", "C-4" and "C-5", with the exception of both ends of the drive and the interior intersections, which shall have decorative paving and shall be landscaped with ornamental plantings consisting of small trees, shrubs and grasses, as conceptually depicted in Exhibits "C-2", "C-3", "C-4" and "C-5". 10. SIGNAGE Except to the extent that this Agreement provides for signage regulation that is in conflict with the Code, the signage regulations of the Code shall apply to the Property. -7- In the event of a conflict between the Code and this Agreement, the provisions of this Agreement shall control. Changes in the location or appearance of signs described in this Section 10, as well as changes in the number, size, or height of signs that differ no more than ten percent (10%) from the standards set forth below, are minor changes pursuant to Section 14 below. 10.1 Entrance Signs For the purpose of directing traffic to the entrance of the shopping center, one (1) double -sided free-standing sign may be installed and maintained by Owner at the drive off of the IH -35 frontage road and at one of the two drives (at Owner's choice) off of Chandler Road, as depicted in Exhibit "E", for a total of two (2) such free-standing signs. Each such free-standing sign shall have a masonry base, such masonry to be consistent with the masonry and design standards applicable to the Property pursuant to Section 11 of this Agreement. Entrance signs shall incorporate materials and colors that are complementary to the overall design of the shopping center. Either or both free-standing signs may be pole signs, provided a pole sign shall have the masonry base just described, and provided a pole sign be supported by a minimum of (2) poles which shall not be round. The pole sign at the drive off of the 1H-35 frontage road shall not exceed forty- five (45) feet in height, and the pole sign at the drive off of Chandler Road shall not exceed thirty (30) feet in height. The face or sign area of each such pylon sign shall not exceed ninety (90) square feet. "Sign area" is defined as the number of square feet contained within the smallest single polygon that will encompass the actual lettering and any logo on one face of the sign (a logo may be measured using a separate polygon or circle from that containing the lettering). The portions of a structure on which the sign is located are not counted as part of the sign area provided they are not contained within the polygon. 10.2 Monument Signs One (1) monument sign shall be permitted for each pad site abutting Chandler Road, up to a maximum of three (3) monument signs, and one (1) monument sign shall be permitted for a pad site abutting the 1H-35 frontage road. In addition, one monument sign shall be permitted for each interior pad site on the Property, up to a maximum of three (3) monument signs along the Primary Access Drive identified in Exhibit "C-1". Each sign (i) may be up to six (6) feet in height, (ii) shall have a masonry base and masonry framing around the sign face, -8- provided that the masonry shall be of a type consistent with the design standards applicable to the Property pursuant to Section 11 of this Agreement, (iii) need not comply with the landscaping requirements of the Code if such monument sign is located on or adjacent to a berm feature located on the perimeter of the Property, and (iv) may in any event have a face or sign area not to exceed fifty (50) square feet. Monument signs shall be illuminated either by (i) ground -mounted fixtures or (ii) with internally illuminated channel letters with reverse channel, halo, plex face or routed panel with push -through letters. Only the business symbol/logo may be plex face. 11. DESIGN STANDARDS The buildings constructed on the Property shall be 100% masonry, provided that at least 50% of the overall exterior of such buildings, in the aggregate, shall be stone; and provided further that at least 50% of the exterior of any building containing an eating establishment use with drive through shall be stone. The color and texture of the stone used on the Property shall be compatible and harmonious with the buildings constructed on PUD 59 and/or PUD 60, as conceptually depicted in Exhibit "D"; provided, however, that if buildings on the Property are constructed prior to the development of PUD 59 and PUD 60, then such stone used on the Property shall be compatible and harmonious with the color and texture of the stone specified in the construction plans for the buildings to be constructed on PUD 59 and/or PUD 60. 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 approved by the Director of Planning, or as otherwise provided herein) 12. UNDERGROUND UTILITY SERVICE Except where approved in writing by the Chief of Public Works Operations, all electrical, telephone and cablevision distribution and service lines, other than overhead lines that are three phase or larger, shall be placed underground. All transformers must be visually screened. -9- 13. DRIVEWAY ACCESS AND THROAT LENGTHS 13.1 Driveway Access Driveway access shall be permitted in accordance with the approved Traffic Impact Analysis on file with the Director of Transportation Services and generally in accordance with the locations depicted in Exhibit "E", subject to site plan approval. 13.2 Driveway Throat Lengths Primary driveways off of the public rights-of-way adjacent to the Property, as "primary" is determined by the City of Round Rock Director of Transportation Services (Director), shall provide a minimum driveway throat of one hundred (100) feet. No parking spaces or internal access drives shall intersect with such primary driveways within this throat unless otherwise approved by the Director in connection with site plan approval. Throat length .of primary drives shall be measured from edge of pavement. 14. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN 14.1 Minor Changes Minor changes to this Agreement or Plan which do not substantially and adversely change this Plan may be approved administratively, if approved in writing, by the City Engineer, the Director of Planning and Community Development, and the City Attorney. 14.2 Major Changes All changes not permitted under section 14.1 above shall be resubmitted following the same procedure required by the original PUD application. 15. CONCEPT PLAN APPROVED Approval of this Agreement constitutes Concept Plan approval under the City Subdivision Ordinance. 16. GENERAL PLAN 2000 This Agreement amends the Round Rock General Plan 2000, which was adopted on June 10, 1999. -10- Cerco Development, Inc. By: Name: Title: Date: CITY OF ROUND ROCK, TEXAS By: Nyle Maxwell, Mayor ATTEST: By: Christine Martinez, City Secretary -11- LIST OF EXHIBITS EXIIIBTT DESCRIPTION Exhibit "A" Metes and Bounds Description of Property Exhibit "B" Drive Through Location Exhibit "C-1" Primary Access Drive Exhibit "C-2" Entry Feature Landscaping (IH -35) Exhibit "C-3" Entry Feature Landscaping (Chandler Road) Exhibit "C-4" Primary Access Drive Landscaping Exhibit "C-5" Monarch Tree Landscaping Exhibit "D" Masonry Theme for PUD's 59 and 60 Exhibit "E" Driveway Access Exhibit "F" Affidavit of Sale 0 -12- EXHIBIT A ME ItS AND BOUNDS DESCRIPTION OF PROPERTY Office: 512-481-9602 Fax: 512-330-1621 page 1 of 3 Waterloo Surveyors Inc. EXHIBIT "A" July 20, 2005 Ir'1ELD NOTES Thomas P. Dixon R.P.L.S. 4324 J9802FN2 MELD NOTES 42.50 ACRES OF LAND, MORE OR LESS, OUT OF THE EPHAIM EVANS SURVEY, ABSTRACT NO. 212, IN WILLIAMSON COUNTY, TEXAS, SAME BEING OUT OF THAT CERTAIN 9439 ACRE TRACT OF LAND DESCRIBED IN VOLUME 657, PAGE 659, DEED RECORDS, TRAVIS COUNTY, TEXAS, AND FURTHER BEING ALL OF LOT 2, BLOCK A, "FINAL PLAT OF EAST CHANDLER RETAIL CENTER", A PROPOSED SUBDIVISION IN WH.LIAMSON COUNTY, TEXAS; FOR WHICH A MORE PARTICULAR DESCRIPTION BY METES AND BOUNDS IS AS FOLLOWS: BEGINNING at point on the east line of said 94.39 acre tract, same being on the west line of Lot 1, Oakmont Centre Section 2, a subdivision in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet F, slide 174, Plat Records, Williamson County, Texas, for the N.E. corner of Lot 2, Block A, "FINAL PLAT OF EAST CHANDLER RETAIL CENTER", for the N.E. comer hereof, from which point an iron rod found on the south R.O.W. of West Chandler Road (County Road 114) at the N.W. corner of Lot 1, Oakmont Centre Section 2, bears N20°55' 19"E at a distance of 21.00 feet; 'THENCE S20°55' 19"E for a distance of 1479.61 feet to an iron rod found at the S.W. comer of Lot 1, Block B, Oakmont Centre Section 5, for the most easterly, S.E. comer hereof; '''HENCE the following nine (9) courses and distances along the north line of Lot 5, Block B, Oakmont Centre Section 5: 1. N72°39'36"W for a distance of 23.68 feet to a pipe found; 2. N59°04'07"W for a distance of 158.08 feet to an iron rod found; 3. S67°29' 15"W for a distance of 113.42 feet to an iron rod set; 4. S54°57'23"W for a distance of 373.45 feet to an iron rod found; 5. S22°25'39"W for a distance of 29.15 feet to an iron rod found; 6. S09°24'29"W for a distance of 69.60 feet to an iron rod found; 7. S07°36'56"E for a distance of 79.37 feet to an iron rod found; 8. S 18°22'33"W for a distance of 44.30 feet to an iron rod found; 9. S35°15'54"E for a distance of 226.60 feet to an iron rod found at the N.W. comer of that certain 2.0 acre tract recorded in Volume 951, Page 17, Deed Records, Williamson County, Texas, for the most southerly, S.E. comer hereof THENCE S68°17'04"W for a distance of 137.20 feet to an iron rod found at the N.W. corner of Lot 5, Block B, Oakmont Centre Section 5; P.O. Box 160176 Austin, Texas 78716-0176 Office: 512-481-9602 Fax: 512-330-1621 page 2 of 3 Waterloo Surveyors Inc. Thomas P. Dixon R.P.L.S. 4324 EXHIBIT "A" J9802FN2 July 20, 2005 THENCE S63°50'35"W for a distance of 238.36 feet to an iron rod set at the N.W. corner of that certain 2.35 acre tract recorded in Volume 871, Page 369, Deed Records, Williamson County, Texas; THENCE S64°23'51"W for a distance of 164.56 feet to an iron rod set; THENCE S71°07'09"W for a distance of 229.88 feet to an iron rod found at the N.W. corner of that certain 2.0 acre tract recorded in Volume 871, Page 374, Deed Records, Williamson County, Texas, same being at an angle point on the east line of that certain 14.64 acre tract of land recorded in Volume 778, Page 330, Deed Records, Williamson County, Texas for the most southerly, S.W. comer hereof; THENCE the following four (4) courses and distances along the north line of said 14.64 acre tract: 1. N34°45'51"W for a distance of 530.13 feet to an iron rod set; 2. S75°23'51"W for a distance of 171.67 feet to an iron rod set; 3. N52°30'20"W for a distance of 172.40 feet to an iron rod set; 4. N81°31' 11"W for a distance of 173.14 feet to an iron rod found on the east R.O.W. of Interstate Highway 35 at the common N.W. comer of said 14.64 acre tract and the S.W. corner hereof; THENCE the following two courses and distances along the east R.O.W. of Interstate Highway 35: 1. NO2°03'55"W for a distance of 112.67 feet to an iron rod found at the N.W. comer of that certain tract of parcel of land recorded in Volume 657, Page 655, Deed Records, Williamson County, Texas; 2. NO2°03'55"W for a distance of 134.53 feet to a point for the most westerly, N.W. comer hereof from which point a highway monument found at the point of curvature of a curve curving to the right bears NO2°03'55"W at a distance of 192.00 feet; THENCE the following eleven (11) courses and distances crossing said 94.39 acre tract: 1. N88°03'22"E for a distance of 71.42 feet to the point of curvature of a curve curving to the right having a radius of 263.86 feet; 2. 27.79 feet along the arc of said curve with a chord which bears S89°03'09"E for a distance of 27.77 feet to the point of curvature of a reverse curve curving to the left with a radius of 406.00 feet; 3. 175.74 feet long the arc of said curve with a chord which bears N81 °41'23"E for a distance of 174.37 feet to the point of tangency of said curve; 4. N69° 17'40"E for a distance of 685.32 feet to the point of curvature of a curve curving to the left with a radius of 158.15 feet; 5. 118.42 feet along the arc of said curve with a chord which bears N47°51'41"E for a distance of 115.67 feet to the point of tangency of said curve; 6. N26°25'55"E for a distance of 77.45 feet to the point of curvature of a curve curving to the. left with a radius of 220.00 feet; P.O. Box 160176 Austin, Texas 78716-0176 Office: 512-481-9602 Fax: 512-330-1621 page 3 of 3 Waterloo Surveyors Inc. Thomas P. Dixon R.P.L.S. 4324 EXHIBIT "A" J9802FN2 July 20, 2005 7. 181.06 feet along the arc of said curve with a chord which bears NO2°51' 17"E for a distance of 175.99 feet to the point of tangency of said curve; 8. N20°42'27"W for a distance of 659.45 feet; 9. N69°17'33"E for a distance of 74.82 feet; 10. N24°20'53"E for a distance of 54.63 feet; 11. N69°17'21"E for a distance of 563.47 feet to the POINT OF BEGINNING, containing 42.50 acres of land. I, the undersigned do hereby certify that the field notes hereon were prepared from an actual on -the -ground survey under my direct supervision and that they are true and correct to the best of my knowledge. Thomas P. Dixon R.P.L.S. 4324 P.O. Box 160176 Austin, Texas 78716-0176 RECORDERS MEMORANDUM All or part of the text on this page was not clearly legible for satisfactory recordation. SURVEY PLAT P LEGEND 42.50 ACRES OF LAND, MORE OR LESS, OUT OF THE EPF-IA*1 EVANS FaLINC MICIN (MD r113 SET IRON ROO SIR SURVEY, ABSTRACT NO. 212, IN WWLIJAMSON COUNTY, TEXAS, Atil) REN( OUT or THAT CER•TAIN 94,3)9 ACRE TRACT Of LAW) DE5CRIBEOF F°1114° IR°14 FIPE FIP VOLUM 657, PAGE 659, DEED RECORDS, WiLLIAMSCO COUNTY, MIND 1-1I4HWAY MONUMENT FI -IM IEXAS, AND BEING ALL OF LOT 1, BLOCK A, "'FINAL PLAT OF EAST PaNT OF BEGINNING P CilANDLER RETAIL CENTER." A PROPOSED SI-15DIVISION IN Icr VALLIAMSON COUNTY, TEXAS. J. N 6917*21 E 44.9S Found M) IN CONC. N.W_ CORNER 657/659 9 at) cH Fou Iron Rod N.W CORNER 657/655 Found iron RxF N,W. CORN 778/330 om4s v4 4'32 Idt 1 Mack A 24 ocr,#s 0 rrTI 0 00 0 Z W LU Z --t rn zoo 7 u UT - 0 !- Found Iron Rad -.4 N.E. COMER 951/17 (2.0 ee) "The undersigned does hereby certify that the sketcti hereon was prepared from on octuol on-the—grotrnd BUTVfly aid th.at it is true end correct to the best of my knovAedge o this the t5tb ay of August, 2005. City of Round Rock 778/330 (14.64 ac) rr Rod NAV. CORNER 871/374 City of Round R (2.0 c) 671674 Vcwid (2.6 Etc) 0Ity of Round Rock Iron Rod 6711169 S.W. CORNER D DISTANCE CA Ciller Creek CioRment Centre Se.. 5OlkB Let 3 Ls N 721 E 2 S2019 21.70V 1479,6r 4 N 7T39364 W Z3. N 504O7' w /W8' S 67'2915" w L7 S 5457123" W 373.45' L S 22+25E3V , S 09424 29 W (2.32 ae) 01/17 324 L12 S 35i54 E L1-3 w L14 S 05015- w 135 84Int*' 116 5 71w071096* W 117 N 3444551 W S 75%35i 9 W 226.60 13720 104..56' 229. '4 636:13 71.6 129 S 6539O7- E 3738 L30 N 6 33. E 74.82 9T72i E 5&34. .131N. .211'42*27"' 1-34 N 2678I8* 77,45! C2 22 442 75. .M41 2'Sri 7 3.t36 27,79 27,77 ROAD 114) EXHIBIT B DRIVE THROUGH LOCATION N 6917'21' E CHANDLER ROAD (COUNTY ROAD 114) 563.47' N 691721' E 1338.91' N 6917'21" E 563.47' PAD 3 J RIMARY ACCESS ROAD 1. PARTIAL PLAN VIEW 1"=100' 2. ENLARGED PLAN VIEW 1"=50' 1 1 EXHIBIT C PRIMARY ACCESS DRIVE LANDSCAPING Exhibit "C-1" Primary Access Drive Exhibit "C-2" Entry Feature Landscaping (I1-1-35) Exhibit "C-3" Entry Feature Landscaping (Chandler Road) Exhibit "C-4" Primary Access Drive Landscaping Exhibit "C-5" Monarch Tree Landscaping i EXHIBIT C-1 PRIMARY ACCESS DRIVE j J 1 1 1 , 1 /� / i c�` / / 4---".•,.. �� 4\.,..:. / / / / 1,, I ; -', — =ms=s.== L / / / CflANDI,LR ROAD C©UNTY ROAD 114 1 1 11 11 6 Jr i / �1 / / ' / / // / 1 / ' i✓ i I i I '1 1 / ' / % / ! / II i 1 to 11 / 1;1 ! % NOTE: This Exhibit is a conceptual representation of the landscapeing requirements included in the text of this PUD and does not reflect actual tree protection and mitigation requirements. RECORDERS MEMORANDUM All or part of the text on this page was not clearly legible for satisfactory recordation. NOTE: This Exhibit is a conceptual representation of the tandscapeing requirements included in the text of this PUD and does not reflect actual tree protection and mitigation requirements. 1?� LOT LINE, TYP. SMALL TREE, TYP. LARGE TREE, TYP. RECORDERS MEMORANDUM All or part of the text on this page was not clearly legible for satisfactory recordation. NOTE: This Exhibit is a conceptual representation of the tandscapeing requirements included in the text of this PUD and does not reflect actual tree protection and mitigation requirements. 2 cc 0 RECORDERS MEMORANDUM All or part of the text on this page was not clearly legible for satisfactory recordation. Ali User - Lot 2 DATE: AUGUST 22, 2005 Orr e NOTE: This Exhibit is a conceptual representation of the landscapeing requirements included in the text of this PUD and does not reflect actual tree protection and mitigation requirements. 2 +ti G to c tY N u O N P, V)1— g CO c D :7 . 42 Q c 0_ L_ O ui: A Cuy Q a n d E tri w V. Q 1- r ., W Cu g� *fir" t 1 j ~ y �� S. o 2 = re ig 4 Z } i" 1-_ 1yY v s Y N r -- `` 1 g w a ,..,CORDERS MEMORANDUM All or part of the text on this page was not clearly legible for satisfactory recordation. EW AT MAIN ENTRY RECORDERS MEMORANDUM All or part of the text on this page was not clearly legible for satisfactory recordation. gt Masonry Theme for PUD's 59 and 60 EXHIBIT D: DRIVEWAY ACCESS EXHIBIT E DRIVEWAY AB" DRIVEWAY R" EXHIBIT F AFFIDAVIT OF SALE BEFORE ME, the undersigned authority personally appeared known to me to be the person whose name is subscribed to this Affidavit, of , which Texas limited partnership purchased the approximately 42.5 acres described in City of Round Rock PUD No. 65 (the "Property"), who being duly sworn, on oath, deposed and stated the following: 1. My name is . I am above the age of 18 years, of sound mind, have never been convicted of a felony or crime of moral turpitude, and am fully qualified to make this Affidavit. 2. i am authorized to make this Affidavit in the capacity of of , a Texas limited partnership, owner of the Property that is described in the foregoing instrument ("Owner"). 3. I have personal knowledge of the facts contained herein as general partner of the Owner of the Property. On the basis of my personal knowledge, after diligent inquiry, 1 hereby attest that, as of the date of this Affidavit: On , the "Sale" described in City of Round Rock PUD No. 65, Section 1I.3 occurred, pursuant to which Sale the Owner purchased the Property from McNeil Consumer & Specialty Pharmaceuticals, a division of McNeil -PPC. SIGNED, this day of AFFIANT: STATE OF TEXAS COUNTY OF TRAVIS Subscribed, sworn to, and acknowledged before me on , by Notary Public, State of Texas Rezoning from LI to PUD 65 42.50 Acres Subject Tract 42.50 acres FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2005084112 E . 10!2012005 04:35 PM CARRILLO $160.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS Pkae re • d as i Rouvd 12o ck- # re --Lura -b: St - 1