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Z-05-05-26-11D3 - 5/26/2005
Illillillllll 4RD 131 PGS THE STATE OF TEXAS * COUNTY OF WILLIAMSON CITY OF ROUND ROCK 2005046057 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 -05-05- 26-11D3, which approves the rezoning of 50.154 acres of land from District PUD No. 37 to District PUD No. 59. This ordinance was approved by the City Council of the City of Round Rock, Texas, at a regular scheduled m.3eting held on the 26th of May 2005. These minutes are recorded in the official City Council Minute Book No. 52. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 16th day of June 2005. SHERRI MONROE, Assistant City Secretary ORDINANCE NO. 2- 05-054D -I I )3 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 50.154 ACRES OF LAND, OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT PUD NO. 37 (PLANNED UNIT DEVELOPMENT) TO DISTRICT PUD NO. 59 (PLANNED UNIT DEVELOPMENT). WHEREAS, an application has been made to the City Council of the City of Round Rock, Texas to amend the Official Zoning Map to rezone 50.154 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 PUD No. 37 (Planned Unit Development) to District PUD No. 59 (Planned Unit Development), and WHEREAS, the City Council has submitted the requested change in the Official Zoning Map to the Planning and Zoning Commission for its recommendation and report, and WHEREAS, the Planning and Zoning Commission held a public hearing concerning the requested change on the 18th day of May 2005, following lawful publication of the notice of said public hearing, and WHEREAS, after considering the public testimony received at such hearing, the Planning and Zoning Commission has recommended that the Official Zoning Map be amended so that the property described in Exhibit "A" be zoned District PUD No. 59 (Planned Unit Development), and @PFDesktop\::0DMA/WORLDOX/0:/WDOX/ORDINANC/050526D3_WPD/cdc WHEREAS, on the 26th day of May, 2005, after proper notification, the City Council held a public hearing on the requested amendment, and WHEREAS, the City Council determines that the zoning provided for herein promotes the health, safety, morals and protects and preserves the general welfare of the community, and WHEREAS, each and every requirement set forth in Chapter 211, Sub -Chapter A., Texas Local Government Code, and Section 11.300 and Section 11.400, Code of Ordinances (1995 Edition), City of Round Rock, Texas concerning public notices, hearings, and other procedural matters has been fully complied with, Now Therefore BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That the Official Zoning Map adopted in Section 11.401(2)(a), Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended so that the zoning classification of the property described in Exhibit "A" is hereafter designated as District PUD No. 59 (Planned Unit Development). II. That the City Council has hereby determined that PUD No. 59 meets the following goals and objectives: (1) The development in PUD No. 59 is equal to or superior to development that would occur under the standard ordinance requirements; (2) PUD No. 59 is in harmony with the general purposes, goals, objectives and standards of the General Plan; 2. (3) PUD No. 59 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) PUD No. 59 will be adequately provisioned by essential public facilities and services including streets, parking, drainage, water, wastewater facilities, and other necessary utilities; and (5) PUD No. 59 will be constructed, arranged and maintained so as not to dominate, by scale and massing of structures, the immediate neighboring properties or interfere with their development or use in accordance with any existing zoning district. III. That the Official Zoning Map adopted in Section 11.305(2), Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended so that: (i) the zoning classification of the property described in Exhibit "A", is hereafter designated as Planned Unit Development No. 59, and the Mayor is hereby authorized and directed to enter into the Agreement and Development Plan for PUD No. 59, attached hereto as Exhibit "B", which agreement shall govern the development and use of said property. • IV. That 3.139 acres of real property, as described in Exhibit C-4 of the Agreement and Development Plan shall be dedicated to the City of Round Rock free of all monetary liens, with the first plat of Parcel 1. If said right-of-way is not dedicated as stated in the Agreement and Development Plan, the zoning applicable to Parcel 1_ shall automatically revertback to the zoning classification applicable to Parcel 1 immediately prior to the effective date of this ordinance. Further, the owner of Parcel 1 shall dedicate right-of-way for the widening of Chandler Road and a wastewater lien easement, both as shown in Exhibit "H" in the Agreement and 3. Development Plan, with six (6) months after the effective date of this ordinance. If said right-of-way and wastewater easement are not dedicated within said six month period, then the zoning applicable to Parcel 1 shall automatically revert back to the zoning classification applicable to Parcel 1 immediately prior to the effective date of this ordinance. V. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. 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. A READ, PASSED, andADOPTED on first reading this W day of 4. 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: WE , Payor f Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretar, 50.154 ACRES SCOTT & WHITE TRACT IH -35 & CHANDLER ROAD EXHIBIT "A" DESCRIPTION FN. NO. 05-116(CAG) FEBRUARY 18, 2005 BPI JOB NO. 392-37 OF A 50.154 ACRE TRACT OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, SITUATED IN WILLIAMSON COUNTY, TEXAS BEING ALL OF LOT 1, BLOCK A, FIRST LIMITED ADDITION, A SUBDIVISION OF RECORD IN CABINET 0, SLIDES 22-23 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND ALSO BEING A PORTION OF THAT CERTAIN 74.590 ACRE TRACT OF LAND CONVEYED TO SCOTT & WHITE MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY FOUNDATION BY DEED OF RECORD IN DOCUMENT NO. 9733254 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 50.154 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING, at a 1/2 inch iron rod found in the easterly right- of-way line of Interstate Highway 35 (R.O.W. varies), being the southwesterly corner of that certain 132.28 acre tract of land conveyed to ANC -Round Rock Assets II, LP by deed of record in Document No. 2001001644 of the Official Public Records of Williamson County, Texas, same being the northwesterly corner of said 74.590 acre tract and hereof; THENCE, N69°15'57"E, leaving the easterly line of Interstate Highway 35, along a portion of the northerly line of said 74.590 acre tract, being in part the southerly line of said 132.28 acre tract and in part a portion of the westerly line of that certain 107.44 acre tract of land conveyed to NNP-Teravista by deed of record in Document No. 2001001639 of said Official Public Records, for the northerly line hereof, passing at a distance of 1548.87 feet a 1/2 inch iron rod with cap found for the southeasterly corner of said 132.28 acre tract, being an angle point in the westerly line of said 107.44 acre tract, and continuing for a total distance of 1609.98 feet to a 1/2 inch iron rod with cap set in the curving easterly right-of-way line of future Oakmont Drive (100' R.O.W.) for the northeasterly corner hereof, from which a 1/2 inch iron rod found, being the northeasterly corner of said 74.590 acre tract, same being an angle point in the westerly line of said 107.44 acre tract bears N69°15'57"E, a distance of 1514.38 feet; THENCE, leaving the westerly line of said 107.44 acre tract, over and across said 74.590 acre tract, along the easterly right-of-way line of future Oakmont Drive for the easterly line hereof, the following three (3) courses and distances: 1) Along a non -tangent curve to the left having a radius of 2200.00 feet, a central angle of 23°28'12", an arc length of 901.18 feet, and a chord which bears S08°58'06"E, a distance of 894.89 feet to a 1/2 inch iron rod with cap set for the point of tangency; FN 05-116(CAG) FEBRUARY 18, 2005 PAGE 2 OF 2 2) S20°42'11"E, a distance of 436.20 -feet to a 1/2 inch iron rod with cap set for an angle point; 3) S65°42'54"E, along a right-of-way cutback at the intersection of future Oakmont Drive and Chandler Road (R.O.W. varies), a distance of 35.35 feet to a 1/2 inch iron rod with cap set for the southeasterly corner hereof, being in the northerly right-of-way line of Chandler Road and the southerly line of said 74.590 acre tract from which a 1/2 inch iron rod found in the northerly right-of-way line of Chandler Road, being the southeasterly corner of said 74.590 acre tract, same being the southwesterly corner of said 107.44 acre tract bears N69°17'01"E, a distance of 1575.90 feet; THENCE, along the northerly right-of-way line of Chandler Road, being the southerly and a portion of the westerly line of said 74.590 acre tract, for a portion of the southerly line hereof, the following two (2) courses and distances: 1) S69°17'01"W, a distance of 763.18 feet to a cotton gin spindle found for the southwesterly corner of said 74.590 acre tract for an angle point hereof; 2) N20°43'37"W, a distance of 20.06 feet to a 1/2 inch iron rod found for an angle point hereof, being the southeasterly corner of said Lot 1; THENCE, S69°17'30"W, leaving the westerly line of said 74.590 acre tract, continuing along the northerly right-of-way line of Chandler Road, being the southerly line of said Lot 1 for a portion of the southerly line hereof, a distance of 934.24 feet to a 1/2 inch iron rod with cap found for the southwesterly corner of said Lot 1 and hereof, being in the easterly right-of- way line of Interstate Highway 35; THENCE, leaving the northerly right-of-way line of Chandler Road, along the easterly right-of-way line of Interstate Highway 35, being the westerly line of said Lot 1 and a portion of the westerly line of said 74.590 acre tract for the westerly line hereof, the following three (3) courses and distances: 1) N22°52'19"W, a distance of 330.08 feet to a concrete highway monument found at the point of curvature of a curve to the right; 2) Along said curve to the right having a radius of 1095.90 feet, a central angle of 20°51'40", an arc distance of 399.01 feet and a chord which bears N12°29'06"W, a distance of 396.81 feet to a concrete highway monument found for the end of said curve; FN 05-116(CAG) FEBRUARY 18, 2005 PAGE 3 OF 3 3) NO2°04'48"W, a distance of 626.96 feet to the POINT OF BEGINNING, containing an area of 50.154 acres (2,184,720 square feet) of land, more or less, within these metes and bounds. BEARING BASIS: REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE BASED ON PUBLISHED NAD 83/93 HARN VALUES FOR THE CITY OF GEORGETOWN MONUMENTATION NETWORK. I, JOHN T. BILNOSKI, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THE PROPERTY DESCRIBED HEREIN WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION. A SURVEY EXHIBIT WAS PREPARED TO ACCOMPANY THIS DESCRIPTION. BURY & PARTNERS, INC. ENGINEERS AND SURVEYORS 3345 BEE CAVES ROAD, SUITE 200 AUSTIN, TEXAS 78746 JOHN T BILNOSKI R.P.L.. #4998 STATE •F TEXAS Q tu VICINITY MAP N.T.S. 1 32.23 P.O.B. \ N6915'57"E 1609.98' 1548.87' 0 150 300 600 SCALE: 1"= 300' LINE TABLE No. Bearing Distance L1 S20'42'11"E 436.20' L2 S65'42'54"E 35.35' L3 N20'43'37"W 20.06' L4 N22'52'19"W 330.08' L5 NO2'04'48"W 626.96' L6 N69'15'57"E 1514.38' L7 N69'17'01 "E 1575.90' CURVE TABLE No. Delta Radius Arc Length Chord Length Chord Bearing C1 23'28'12" 2200.00 901.18 894.89 S08'58'06"E C2 20'51'40" 1095.90 399.01 396.81 N12'29'06"W ACRES ANC -ROUND ROCK ASSETS 11, 1_P DOC. NO. 2001001644 DEED L/NE 50.154 ACRES (2,184, 720 SO. FT) LOT 1 , BLOCK A FIRST LIMITED ADDITION CAB. 0, SLD. 22-23 SCOTT, SHERWOOD AND BRINDLE'( FOUNDATION DOC. NO. 9700732 S6917'30"W 934.24' 1 CHANDLER ROAD / RECORDERS MEMORANDUM / All or part of the text on this page was not clearly legible for satisfactory recordation. /3 74.590 ACRES SCOTT & WHITE MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY FOUNDATION DOC. NO. 9733254 1 COTTON SP/NDLE 3 S69'17'01 "W 763.18' ! 0 1 0 0 07/44 ACRES NN 7—TERAV TSTA /DOC. NO. 2001001639 LEGEND • 1/2" IRON ROD FOUND(UNLESS NOTED MCNEIL CONSUMERC / ) PRODUCES CO. O 1/2" IRON ROD SET WITH CAP VOL.657, PG. 659 ■ CONCRETE MONUMENT FOUND P.0.8. POINT OF BEGINNING LOT 1 OAKMONT CENTRE SEC. 2 (R.O.W. VARIES) 1 1- 0 PROVIDENT DEV. CO. O LOT 1 OAKMONT CENTRE SEC. 4 BARSHOP & OLES Bury- Partners Consulting Engineers and Surveyors Austin,Texas Tel 512/328-0011 Fax 512/328-0325 Bury*Partners, Inc. OCopyright 2004 SKETCH TO ACCOMPANY DESCRIPTION OF 50.154 ACRES OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, SITUATED IN WILLIAMSON COUNTY. TEXAS BONG A PORTION OF THAT CERTAIN 74.590 ACRE TRACT OF LAND CONVEYED TO SCOTT AND WHITE MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY FOUNDATION BY DEED OF RECORD IN DOCUMENT NO. 9733254 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AND ALL OF LOT 1, BLOCK A, FIRST LIMITED ADDITION, A SUBDIVISION OF RECORD IN CABINET 0, SLIDES 22-23 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS DATE: 02/18/05 FILE: H: \392\37\39237EX18.dwg FN No.: 05-116(CAG) DRAWN BY: CAG PROJ, No: 392-37 AGREEMENT AND DEVELOPMENT PLAN CHANDLER/I-35 RETAIL, LTD. PUD PLANNED UNIT DEVELOPMENT NO. 59 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 Chandler/I-35 Retail, Ltd., a Texas limited partnership, having its offices at 801 Congress, Suite 300, Austin, Texas 78701 (hereafter referred to as the "Owner"). For purposes of this Agreement, the term Owner shall mean Chandler/I-35 Retail, Ltd., its respective successors and assigns; provided, however, upon sale, transfer or conveyance of portions of the hereinafter described property, the duties and obligations of the Owner, as it relates to the respective property, shall be assumed by the new owner, and the Owner shall have no further liability relating to their respective property. WHEREAS, the Owner is the owner of certain real property consisting of approximately 50.154 acres, as more particularly described in Exhibit "A", (herein after referred to as the "Property") attached hereto and made a part hereof. WHEREAS, The Owner has submitted a request to the City to rezone the Property as a Planned Unit Development (the "PUD"). WHEREAS, pursuant to Chapter 11, Section 11.314, Code of Ordinances (1995 Edition), City of Round Rock, Texas, the Owner has submitted 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 March 16, 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 1. 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: 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 11 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 11.13 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, Code of Ordinances, (1995 Edition), City of Round Rock, Texas, as amended. 4. LIEN HOLDER CONSENT That the lien holder of record has consented to this Agreement and Development Plan, including any and all dedications to the public. Lien holder consent is attached hereto and incorporated herein as Exhibit "B", attached hereto and incorporated herein. 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 2. Development Plan. No consent shall be required in connection with such sale of the Property. 5.2 Necessary Documents and Actions Each party agrees to execute and deliver all such other and further instruments and undertake such actions as are or may become necessary or convenient to effectuate the purposes and intent of this Agreement. 5.3 Severability In case one or more provisions contained 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 3. This Agreement may be executed in duplicate original, each of equal dignity. 5.9 Notices Until changed by written notice thereof any notice required under this Agreement may be given to the respective parties, by certified mail, postage prepaid or by hand delivery to the address of the other party shown below: OWNER Chandler/I-35 Retail, Ltd. c/o Barshop & Oles 801 Congress Avenue, Suite 300 Austin, Texas 78701 Allis: Milo Burdette 5.10 Effective Date CITY OF ROUND ROCK City of Round Rock, Texas 221 East Main Street Round Rock, Texas 78664 Attn: Director of Planning This Agreement shall be effective from and after the date of due execution hereof by all parties. 5.11 Appeal of Administrative Decisions Administrative decisions provided for in this Agreement may be appealed to the City Council in writing within ninety (90) days following receipt by Owner of the written confirmation of the decision. 5.12 Binding Effect This Agreement and the Development Plan binds and benefits the Owner and its successors and assigns. II. DEVELOPMENT PLAN 1. DEFINITIONS Words and terms used herein shall have their usual force and meaning, or as defined in the Code of Ordinances (1995 Edition) as amended, City of Round Rock, Texas, hereinafter referred to as "the Code." 4. 2. PROPERTY This Development Plan ("Plan") covers approximately 50.154 acres of land, located within the city limits of Round Rock, Texas, and more particularly described by metes and bounds in Exhibit "A". For the purpose of assigning land use and development standards, the Property has been divided into development parcels, as shown in Exhibit "C". 3. PURPOSE The purpose of this Plan is to ensure a PUD that 1) is equal to or superior to development that would occur under the standard ordinance requirements, 2) is in harmony with the General Plan, as amended, 3) does not have an undue adverse 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. 4. APPLICABILITY OF CITY ORDINANCES 4.1 Zoning and Subdivision Ordinances The Property shall be regulated for purposes of zoning and subdivision by this Plan. All aspects not specifically covered by this Plan shall be regulated by applicable sections of the Code. If there is a conflict between this Agreement and Plan and the Code, this Agreement and Plan shall supersede the specific conflicting provisions of the Code. 4.2 Other Ordinances All other Ordinances within the Code shall apply to the Property, except as clearly modified by this Plan. In the event of a conflict, the terms of - this Agreement shall control. 5. PERMITTED USES The Property shall be used and developed for the uses as shown in Exhibits "D-1", "D- 2" and "D-3". 5. 6. DEVELOPMENT STANDARDS The Property shall be developed in accordance with the development standards set forth in Exhibits "D-1", "D-2" and "D-3", attached hereto, as applicable to each parcel and its designated use. 7. UNDERGROUND UTILITY SERVICE Except where approved in writing by the City Engineer, all electrical, telephone and cablevision distribution and service lines, other than overhead lines that are three phase or larger, installed by or at the request of Owner, shall be placed underground to connecting points provided by the service provider. All transformers must be visually screened. 8. DRIVEWAY ACCESS Driveway access shall be regulated in accordance with the Traffic Impact Analysis approved by the City's Director of Transportation Services. 9. DRIVEWAY THROAT LENGTH All driveways shall provide a minimum driveway throat of 100 feet, except the northernmost driveway on Oakmont Drive (providing access to the rear of the retail buildings) shall provide a minimum driveway throat of 50 feet. No parking spaces or internal access drives shall intersect with access driveways within this 100 -foot or 50 - foot, as applicable, throat. Throat length shall be measured from the property line along the street right-of-way. 10. RIGHT-OF-WAY AND EASEMENT DEDICATIONS The required right-of-way for the proposed Oakmont Drive shall be dedicated or cause to be dedicated to the City, free of all monetary Liens, with the final plat for Parcel 1, or pursuant to an agreement or agreements by and between the City of Round Rock and Simon Property Group (Texas), L.P. The right-of-way to be dedicated shall be in accordance with the metes and bounds description shown in Exhibit "C-4". If said right-of-way is not dedicated in accordance with this section, the zoning applicable to Parcel 1 shall automatically revert back to the zoning classification applicable to Parcel 1 immediately prior to the effective date of the ordinance to which this agreement is an exhibit. If the owner of Parcel 1 has not both (i) dedicated right-of-way for the widening of Chandler Road in the area shown on Exhibit "H" attached hereto, and (ii) granted to 6. the City a wastewater line easement in the area shown on Exhibit "H" attached hereto, within six (6) months after the date of this ordinance, then the zoning applicable to Parcel 1 shall automatically revert back to the zoning classification applicable to Parcel 1 immediately prior to the effective date of this ordinance. Further, Owner shall construct, or cause to be constructed, at least two lanes of Oakmont Drive within the right-of-way described above, along with associated roadway improvements, including a pro -rated share of costs of construction of the traffic signal at the intersection of Oakmont Drive and Chandler Road, when and if said signal is required. Owner shall also pay a pro -rated share of the traffic signal at the intersection of Chandler Road and the driveway to Parcel 1. This payment shall be made to the City within thirty (30) days of a receipt of a written request from the City that warrants have been met justifying the construction of said signal. 11. STREETSCAPE The streetscape for Oakmont Drive shall be landscaped substantially in accordance with Exhibits "F-1" and "F-2". Street medians and streetside planting areas for Oakmont Drive shall have a minimum of two (2) large trees and three (3) small trees for every one hundred (100) linear feet. Street trees for Oakmont Drive shall be irrigated by a permanent automatic irrigation system constructed to current City standards by the Owner. 12. WATER FEATURES The perimeter of the water feature area in Parcel 3, as identified on the Parcel Map attached to this ordinance as Exhibit "C", abutting the IH -35 frontage road shall have, on average, large trees spaced a minimum of fifty (50) feet on center and one (1) small tree spaced a minimum of thirty (30) feet on center. Additionally, pedestrian paths (minimum of six (6) feet wide) shall be provided to connect the proposed structures along the south side of the water feature to the walking trails and community plaza along the eastern side. Unless expressly approved by the Director of Planning, the design of the water features in Parcels and 1 and 3 shall make reasonable efforts to preserve and accommodate existing trees in the pond area. 13. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN 13.1 Minor Changes 7. 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. 13.2 Major Changes All changes not permitted under section 13.1 above shall be resubmitted following the same procedure required by the original PUD application; provided, however, that nothing herein or otherwise shall require an owner of a portion of the Property (the "Rezoning Owner") to obtain the consent or approval of any other owner of a portion of the Property for a change in zoning (including amending this Agreement) as it applies to the land of the Rezoning Owner. 14. CONCEPT PLAN APPROVED Approval of this Agreement constitutes Concept Plan approval under the City Subdivision Ordinance. 15. GENERAL PLAN 2000 This Agreement amends the Round Rock General Plan 2000, which was adopted on June 10,1999. CHANDLER/I-35 RETAIL, LTD., a Texas limited partnership By: Its sole general partner By: Date: 8. CITY OF ROUND ROCK, TEXAS By: Nyle Maxwell, Mayor ATTEST: By: Christine Martinez, City Secretary 9. LIST OF EXHIBITS EXHIBIT DESCRIPTION Exhibit "A" Metes and Bounds Description of Property Exhibit "B" Lien Holder Consent Exhibit "C" Development Parcels Exhibit "C-1" Metes and Bounds Description of Parcel 1 Exhibit "C-2" Metes and Bounds Description of Parcel 2 Exhibit "C-3" Metes and Bounds Description of Parcel 3 Exhibit "C-4" Metes and Bounds Description of Oakmont Drive Exhibit "D-1" Uses and Development Standards for Parcel 1 Exhibit "D-2" Uses and Development Standards for Parcel 2 Exhibit "D-3" Uses and Development Standards for Parcel 3 Exhibit "E" Reserved Exhibit "F-1" Streetscape (Plan View) Exhibit "F-2" Streetscape (Profile View) Exhibit "G" Architecture Exhibit "H" Right of Way and Easement Locations 10. EXHIBIT A METES AND BOUNDS DESCRIPTION OF PROPERTY • 50.154 ACRES SCOTT & WHITE TRACT IH -35 & CHANDLER ROAD DESCRIPTION FN. NO. 05-116(CAG) FEBRUARY 18, 2005 BPI JOB NO. 392-37 OF A 50.154 ACRE TRACT OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, SITUATED IN WILLIAMSON COUNTY, TEXAS BEING ALL OF LOT 1, BLOCK A, FIRST LIMITED ADDITION, A SUBDIVISION OF RECORD IN CABINET 0, SLIDES 22-23 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND ALSO BEING A PORTION OF THAT CERTAIN 74.590 ACRE TRACT OF LAND CONVEYED TO SCOTT & WHITE MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY FOUNDATION BY DEED OF RECORD IN DOCUMENT NO. 9733254 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 50.154 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING, at a 1/2 inch iron rod found in the easterly right- of-way line of Interstate Highway 35 (R.O.W. varies), being the southwesterly corner of that certain 132.28 acre tract of land conveyed to ANC -Round Rock Assets II, LP by deed of record in Document No. 2001001644 of the Official Public Records of Williamson County, Texas, same being the northwesterly corner of said 74.590 acre tract and hereof; THENCE, N69°15'57"E, leaving the easterly line of Interstate Highway 35, along a portion of the northerly line of said 74.590 acre tract, being in part the southerly line of said 132.28 acre tract and in part a portion of the westerly line of that certain 107.44 acre tract of land conveyed to NNP-Teravista by deed of record in Document No. 2001001639 of said Official Public Records, for the northerly line hereof, passing at a distance of 1548.87 feet a 1/2 inch iron rod with cap found for the southeasterly corner of said 132.28 acre tract, being an angle point in the westerly line of said 107.44 acre tract, and continuing for a total distance of 1609.98 feet to a 1/2 inch iron rod with cap set in the curving easterly right-of-way line of future Oakmont Drive (100' R.O.W.) for the northeasterly corner hereof, from which a 1/2 inch iron rod found, being the northeasterly corner of said 74.590 acre tract, same being an angle point in the westerly line of said 107.44 acre tract bears N69°15'57"E, a distance of 1514.38 feet; THENCE, leaving the westerly line of said 107.44 acre tract, over and across said 74.590 acre tract, along the easterly right-of-way line of future Oakmont Drive for the easterly line hereof, the following three (3) courses and distances: 1) Along a non -tangent curve to the left having a radius of 2200.00 feet, a central angle of 23°28'12", an arc length of 901.18 feet, and a chord which bears S08°58'06"E, a distance of 894.89 feet to a 1/2 inch iron rod with cap set for the point of tangency; FN 05-116(CAG) FEBRUARY 18, 2005 PAGE 2 OF 2 2) S20°42'11"E, a distance of 436.20 feet to a 1/2 inch iron rod with cap set for an angle point; 3) S65°42'54"E, along a right-of-way cutback at the intersection of future Oakmont Drive and Chandler Road (R.O.W. varies), a distance of 35.35 feet to a 1/2 inch iron rod with cap set for the southeasterly corner hereof, being in the northerly right-of-way line of Chandler Road and the southerly line of said 74.590 acre tract from which a 1/2 inch iron rod found in the northerly right-of-way line of Chandler Road, being the southeasterly corner of said 74.590 acre tract, same being the southwesterly corner of said 107.44 acre tract bears N69°17'01"E, a distance of 1575.90 feet; THENCE, along the northerly right-of-way line of Chandler Road, being the southerly and a portion of the westerly line of said 74.590 acre tract, for a portion of the southerly line hereof, the following two (2) courses and distances: 1) S69°17'01"W, a distance of 763.18 feet to a cotton gin spindle found for the southwesterly corner of said 74.590 acre tract for an angle point hereof; 2) N20°43'37"W, a distance of 20.06 feet to a 1/2 inch iron rod found for an angle point hereof, being the southeasterly corner of said Lot 1; THENCE, S69°17'30"W, leaving the westerly line of said 74.590 acre tract, continuing along the northerly right-of-way line of Chandler Road, being the southerly line of said Lot 1 for a portion of the southerly line hereof, a distance of 934.24 feet to a 1/2 inch iron rod with cap found for the southwesterly corner of said Lot 1 and hereof, being in the easterly right-of- way line of Interstate Highway 35; THENCE, leaving the northerly right-of-way line of Chandler Road, along the easterly right-of-way line of Interstate Highway 35, being the westerly line of said Lot 1 and a portion of the westerly line of said 74.590 acre tract for the westerly line hereof, the following three (3) courses and distances: 1) N22°52'19"W, a distance of 330.08 feet to a concrete highway monument found at the point of curvature of a curve to the right; 2) Along said curve to the right having a radius of 1095.90 feet, a central angle of 20°51'40", an arc distance of 399.01 feet and a chord which bears N12°29'06"W, a distance of 396.81 feet to a concrete highway monument found for the end of said curve; FN 05-116(CAG) FEBRUARY 18, 2005 PAGE 3 OF 3 3) NO2°04'48"W, a distance of 626.96 feet to the POINT OF BEGINNING, containing an area of 50.154 acres (2,184,720 square feet) of land, more or less, within these metes and bounds. BEARING BASIS: REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE BASED ON PUBLISHED NAD 83/93 HARN VALUES FOR THE CITY OF GEORGETOWN MONUMENTATION NETWORK. I, JOHN T. BILNOSKI, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THE PROPERTY DESCRIBED HEREIN WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION. A SURVEY EXHIBIT WAS PREPARED TO ACCOMPANY THIS DESCRIPTION. BURY & PARTNERS, INC. ENGINEERS AND SURVEYORS 3345 BEE CAVES ROAD, SUITE 200 AUSTIN, TEXAS 78746 JOHN T BILNOSKI R.P.L. #4998 STATE •F TEXAS 44/ 0 150 300 600 SCALE: 1"= 300' LINE TABLE No. Bearing Distonce 11 S20'42'11"E 436.20' L2 S65'42'54"E 35.35' 13 N20'43'37"W 20.06' 14 N22`52'19"W 330.08' 15 NO2`04'48"W 626.96' 16 N6915'57"E 1514.38' L7 N69'17'01 "E 1575.90' CURVE TABLE No. Del to Rodius Arc Length Chord Length Chord Bearing C1 23'28'12" 2200.00 901.18 894.89 S08'58'06"E C2 20'51'40" 1095.90 399.01 396,81 N12'29'06"W VICINITY MAP N.T.S. 132.28 ACRES ANC -ROUND ROCK ASSETS 11, LP P.O.B. DOC, NO. 2001001 644 4 iJ N6915157"E 1609.98' DEED LINE 50.154 ACRES (2,184, 720 SQ. FT) LOT 1 , BLOCK A FIRST LIMITED ADDITION CAB. 0, SLD. 22-23 SCOTT, SHERWOOD AND BRINDLEY FOUNDATION DOC. NO. 9700732 S6917'30'W 934-.24' 1548.87' ORDERS MEMORANDUM / 01 or parts of the text on this page was not clearly legible for satisfactory recordation: it 74.590 ACRES SCOTT & WHITE MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY FOUNDATION DOC. NO. 9733254 /COTTON SPINDLE CHANDLER ROAD L3 S6917'01 "W 763.18' /. 07/44 ACRES NNP'-TERAVISTA /DOC. NO. 2001001639 LEGEND MCNEIL CONSUMER • 1/2" IRON ROD FOUND (UNLESS NOTED) PRODUCTS CO. O 1/2" IRON ROD SET WITH CAP VOL. 657, PG. 659 • CONCRETE MONUMENT FOUND P.O.B. POINT OF BEGINNING LOT 1 OAKMONT CENTRE SEC. 2 (P.O.W. VARIES) i O 2 PROVIDENT DEV, CO. LOT 1 OAKMONT CENTRE SEC. 4 BARSHOP & OLES 1) Bur + Partners Consuting Engineers and Surveyors Auatln,Texaa tel 512/928-0011 Fax 512/ 28-0325 Bury+Pullen, la. *Copyright 2064 SKETCH TO ACCOMPANY DESCRIPTION OF 50.154 ACRES OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT N0. 212, SITUATED IN WILLIAMSON COUNTY. TEXAS BEING A PORTION OF THAT CERTAIN 74.590 ACRE TRACT OF LAND CONVEYED TO SCOTT AND WHITE MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY FOUNDATION BY DEED OF RECORD IN DOCUMENT NO. 9733254 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. AND ALL OF LOT 1, BLOCK A, FIRST LIMITED ADDITION. A SUBDIVISION OF RECORD IN CABINET 0, SLIDES 22-23 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS DATE: 02/18/05 FILE: H: \392\37\39237EX18.dwg FN, No.:05-116(CAG) DRAWN BY:CAG PROJ. No: 392-37 EXHIBIT B LIEN HOLDER CONSENT THE STATE OF TEXAS COUNTY OF WILLIAMSON § That , acting herein by and through its duly authorized officers, being the holder of a lien as evidenced by Deed of Trust recorded as Document No. of the Official Records of Williamson County, Texas, does hereby consent to the Agreement and Development Plan of 37.153 acres of land situated in Round Rock, Williamson County, Texas, and does further hereby join, approve and consent to all provisions shown therein. By: Name: Title: ATTEST: By: Name: Title: STATE OF TEXAS COUNTY OF WILLIAMSON § This instrument was acknowledged before me on the day of , 2005 by , of ,a , on behalf of said Notary Public, State of Texas Commission Expires: EXHIBIT C DEVELOPMENT PARCELS n { / / I 1 i I / f 1 1 i I /Ol4 ACRES } NKR- VES A l;,,:, f DOC. N SOO10016391 \, I / 407)34 .1 ^�Q= �m�` 1w 1,1 om _a�� 3.139 AC.$M- 1NOW)11/O PARCEL 2 1 a 5148 ACRES / 1; Z (224,254 SG. FT.) / qo.oy W I� 20 t' ,O K m T�b� - o � o - 0 4,81g- z$N 1:11'- 09 i 1 NmQ / yy., PARCEL1 r 35,098 ACRES i 7 0 i t ` IO `� ,ao bYy�2� P p° PARCEL 1 is I x,788 ACR1 1 (294,1350 50. t3 —fJ`,` i lit 1' t5 II li 11 N O oShN b iii ......---"/ ' — _ i < $F SCALE: 1" = 300' « t � -.. (i Bury+Partners ENGINEERING SOLUT I O N S 3345 Bee Caves Road, Suite 200 CHANDLER/I-35 RETAIL, LTD. PUD #59 - DEVELOPMENT PARCELS Austin, Texas 78748 Tel. (512)328-0011 Fax (512)328-0325 Bury+Partners, inc. ©Copyright 2005 BARSHOP & OLES EXHIBIT C DATE: 02/23/05 SCALE: 1" = 1' DRAWN BY: SPM FILE: G: \392\37\39237EXH112 PROJECT No.: 392-37.10 Y pow -ft CZ PIJ 0 =dl Q�1 o s iy ® CrD C ' EXHIBIT C-1 METES AND BOUNDS DESCRIPTION OF PARCEL 1 35.098 ACRES SCOTT & WHITE TRACT BARSHOP & OLES DESCRIPTION FN. NO. 05-083(CAG) FEBRUARY 5, 2005 BPI JOB NO. 392-37 OF A 35.098 ACRE TRACT OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, SITUATED IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN 74.590 ACRE TRACT OF LAND CONVEYED TO SCOTT & WHITE MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY FOUNDATION BY DEED OF RECORD IN DOCUMENT NO. 9733254 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND A PORTION OF LOT 1, BLOCK A, FIRST LIMITED ADDITION, A SUBDIVISION OF RECORD IN CABINET 0, SLIDES 22-23 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 35.098 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING, at a 1/2 inch iron rod found at the intersection of the easterly right-of-way line of Interstate Highway 35 (R.O.W. varies) and the northerly right-of-way line of Chandler Road (R.O.W. varies), being the southwesterly corner of said Lot 1 and hereof; THENCE, leaving the northerly right-of-way line of Chandler Road, along the easterly line of Interstate Highway 35, being a portion of the westerly line of said Lot 1, for a portion of the westerly line hereof, the following two (2) courses and distances: 1) N22°52'19"W, a distance of 330.08 feet to a concrete highway monument found, being the point of curvature of a curve to the right; 2) Along said curve to the right having a radius of 1095.90 feet, a central angle of 20°18'17", an arc distance of 388.37 feet and a chord which bears N12°45'48"W, a distance of 386.34 feet to a 1/2 inch iron rod with cap set for the point of curvature of a non -tangent curve to the left, from which a concrete highway monument found for the end of said curve in the easterly line of Interstate Highway 35 bears with the arc of said curve NO2 ° 19' S8"W, a chord distance of 10.64 feet; FN 05-083(CAG) FEBRUARY 5, 2005 Page 2 of 4 THENCE, leaving the easterly right-of-way line of Interstate Highway 35, over and across said Lot 1, and over and across said 74.590 acre tract, for the northerly line hereof, the following nine (9) courses and distances: 1) Along said non -tangent curve to the left having a radius of 1274.94 feet, a central angle of 16°53'49', an arc length of 375.99 feet and a chord which bears N74°20'15"E, a distance of 374.62 feet to a 1/2 inch iron rod with cap set for the end of said curve; 2) N20°43'21"W, a distance of 2.86 feet to a 1/2 inch iron rod with cap set for the point of curvature of a curve to the right; 3) Along said curve to the right having a radius of 430.00 feet, a central angle of 60°13'28", an arc length of 451.98 feet, and a chord which bears N09°23'23"E, a distance of 431.46 feet to a 1/2 inch iron rod with cap set for the point of curvature of a reverse curve to the left; 4) Along said reverse curve to the left having a radius of 770.00 feet, a central angle of 26°45'31", an arc length of 359.61 feet, and a chord which bears N26°07'22"E, a distance of 356.35 feet to a 1/2 inch iron rod with cap set for the end of said curve; 5) S80°00'18"E, a distance of 182.14 feet to a 1/2 inch iron rod with cap set for the point of curvature of a curve to the right; 6) Along said curve to the right having a radius of 260.25 feet, a central angle of 27°15'46", an arc length of 123.83 feet, and a chord which bears S66°22'25"E, a distance of 122.67 feet to a 1/2 inch iron rod with cap set for the point of tangency; S52°44'31"E, a distance of 153.59 feet to a 1/2 inch iron rod with cap set for an angle point; 8) S74°43'22"E, a distance of 33.11 feet to a 1/2 inch iron rod with cap set for an angle point.; FN 05-083(CAG) FEBRUARY 5, 2005 Page 3 of 4 9) N83°17'48"E, a distance of 382.83 feet to a 1/2 inch iron rod with cap set for the point of curvature of a non -tangent curve to the left, being in the westerly right-of-way line of future Oakmont Drive (100' R.O.W.); THENCE, continuing over and across said 74.590 acre tract, along the westerly right-of-way line of future Oakmont Drive for the easterly line hereof, the following two (2) courses and distances: 1) Along said non -tangent curve to the left, having a radius of 2300.00 feet, a central angle of 10°57'26", an arc length of 439.86 feet, and a chord which bears S15°13'28"E, a distance of 439.19 feet to a 1/2 inch iron rod with cap set for the point of tangency; 2) S20°42'11"E, a distance of 436.23 feet to a 1/2 inch iron rod with cap set for an angle point in the westerly line hereof; THENCE, S24°17'06"W, along a right-of-way cutback at the intersection of future Oakmont Drive and Chandler Road, a distance of 35.36 feet to a 1/2 inch iron rod with cap set for the southeasterly corner hereof, being in the northerly right-of- way line of Chandler Road, from which a 1/2 inch iron rod found for the common southerly corner of said 74.590 acre tract and that certain 107.44 acre tract of land conveyed to NNP-Teravista LP by deed of record in Document No. 2001001639 of the Official Public Records of Williamson County, Texas bears N69°17'01"E, a distance of 1725.90 feet; THENCE, along the northerly line of Chandler Road, being the southerly and a portion of the westerly line of said 74.590 acre tract, for a portion of the southerly line hereof, the following two (2) courses and distances: 1) S69°17'01"W, a distance of 613.18 feet to a cotton gin spindle found for an angle point; 2) N20°43'37"W, a distance of 20.06 feet to a 1/2 inch iron rod found, being the southeasterly corner of said Lot 1; FN 05-083(CAG) FEBRUARY 5, 2005 Page 4 of 4 THENCE, S69°17'30"W, leaving the westerly line of said 74.590 acre tract, continuing along the northerly line of Chandler Road, being the southerly line of said Lot 1 for a portion of the southerly line hereof, a distance of 934.24 feet to the POINT OF BEGINNING, containing an area of 35.098 acres (1,528,877 sq. ft.) of land, more or less, within these metes and bounds. BEARING BASIS: REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE BASED ON PUBLISHED NAD 83/93 HARN VALUES FOR THE CITY OF GEORGETOWN MONUMENTATION NETWORK BURY+PARTNERS, INC. ENGINEERS -SURVEYORS 3345 BEE CAVE ROAD SUITE 200 AUSTIN, TEXAS 78746 JOHN BILNOSKI, R.P. NO. 4'98 STATE OF TEXAS VICINITY MAP N.T.S. LINE TABLE No. Bearing Distance 11 N22'52'19"W 330.08' L2 N20'43'21"W 2.86' 13 580'00'18"E 182.14' L4 S52'44'31 "E 153.59' L5 S74'43'22"E 33.11' L6 N8317'48" E 382.83' UNE TABLE No. Bearing Distance L7 S20'42'11 "E 436.23' L8 S24'17'06"W 35.36' L9 S69'17'01 "W 613.18' L10 N20'43'37"W 20.06' 111 N6917'01 "E 1725.90 CURVE TABLE No. Del to Radius Arc Length Chord Length Chord Bearing C1 2018'17" 1095.90 388.37 386.34 N12'45'48"W C2 16'53'49" 1274.94 375.99 374.62 N74'20'15"E C3 60'13'28" 430.00 451.98 431.46 N09'23'23"E C4 26'45'31" 770.00 359.61 356.35 N26'07'22"E C5 2715'46" 260.25 123.83 122.67 S66'22'25"E C6 10'57'26" 2300.00 439.86 439.19 S1513'28"E C7 00'33'23" 1095.90 10.64 10.64 NO2'19'58"W 132.28 ACRES ANC—ROUND ROCK ASSETS II, LP DOC. NO. 2001001644 DEED LINE DEED LINE 'S C7. C2 <3 / 107!44 ACRES NN/ -TE RAV 'STA DOC. NO. /P001001639 <s 1.6 35,098 ACRES (1,528,877 SQ. FT) L2 LOT 1, BLOCK A FIRST LIMITED ADDITION CAB. 0, SLD. 22-23 W 74.590 ACRES SCOTT & Y�/H1TE MEMORIAL HOSPITAL AND SCOTT, SHE RWOOD AND BRINDLEY FOUNDATION DOC. NO. 9733254 SCOTT, SHERWOOD AND BRINDLEY FOUNDATION RECORDERS MEMORANDUM DOC. N O . 9700732 All or part of the text on this page was not clearly legible for satisfactory recordation. S6917'30"W 934.24' CHANDLER ROAD L10 t L9 COTTON SPINDLE J U 111 I • 1/2" IRON ROD CC 1 FOUND (UNLESS NOTED J 0 1/2" IRON ROD Z J SET WITH CAP 0 1 • CONCRETE MONUMENT I FOUND P.O.B. POINT OF B GINNING O CC 2J LEGEND L 111 (R.O.w. VARIES) P.O.B. 0 150 300 600 SCALE: 1”.= 300' MCNE IL CONSUMER PRODUCTS CO. VOL. 657, PG. 659 LOT 1 OAKMONT CENTRE SEC. 2 O 2 PROVIDENT DEV. CO. LOT 1 OAKMONT CENTRE SEC. 4 BARSHOP & OLES OBury+ Partners Consulting Engineers and Surveyors Auetin,Texae Tel 512/328-0011 Fax 512/228-0325 Bary+Partner,, I. °Copyright 2004 SKETCH TO ACCOMPANY DESCRIPTION OF 35.098 ACRES OF' LAND OUT OF' THE EPHRAIM EVANS SURVEY, ABSTRACT NO, 212, SITUATED IN WILLIAMSON COUNTY. TEXAS BEING A PORTION OF THAT CERTAIN 74,590 ACRE TRACT OF LAND CONVEYED TO SCOTT AND WHITE MEMORIAL HOSPITAL AND SCOTT, SHERW000 AND BRINDLEY FOUNDATION BY DEED OF RECORD IN DOCUMENT NO. 9733254 OF' THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AND A PORTION OF LOT 1. BLOCK A, FIRST LIMITED ADDITION, A SUBDIVISION OF RECORD IN CABINET 0, SLIDES 22-23 OF' THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS DATE:02/08/05 FILE: H: \392\37\39237EX7,dwg FN No.: 05-083(CAG) DRAWN BY: CAG PROJ. No: 392-37 EXHIBIT C-2 METES AND BOUNDS DESCRIPTION OF PARCEL 2 5.148 ACRES SCOTT & WHITE TRACT BARSHOP & OLES DESCRIPTION FN NO. 05-075 (CAG) FEBRUARY 2, 2005 BPI JOB NO. 392-37 OF 5.148 ACRES OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, SITUATED IN WILLIAMSON COUNTY, TEXAS BEING A PORTION OF THAT CERTAIN 74.590 ACRE TRACT OF LAND CONVEYED TO SCOTT AND WHITE MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY FOUNDATION BY DEED OF RECORD IN DOCUMENT NO. 9733254 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 5.148 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY -METES AND BOUNDS AS FOLLOWS: COMMENCING at a 1/2 inch iron rod found in the easterly right-of- way line of Interstate Highway 35 (R.O.W. varies), being the southwesterly corner of that certain 132.28 acre tract of land conveyed to ANC -Round Rock Assets II, LP by deed of record in Document No_ 2001001644 of the Official Public Records of Williamson County, Texas, same being the northwesterly corner of said 74.590 acre tract; THENCE, Highway being a distance POINT OF N69°15'57"E, leaving the easterly line of Interstate 35, along the southerly line of said 132.28 acre tract, portion of the northerly line of said 74.590 acre tract a of 657.06 feet to a 1/2 inch iron rod with cap set for the BEGINNING, being the northwesterly corner hereof; THENCE, N69°15'57"E, continuing along the southerly line of said 132.28 acre tract, being a portion of the northerly line of said 74.590 acre tract, for the northerly line hereof, a distance of 844.33 feet to a 1/2 inch iron rod with cap set for the point of curvature of a non -tangent curve to the left, being in the westerly right-of-way line of future Oakmont Drive (100' R.O.W.), for the northeasterly corner hereof, from which a 1/2 inch iron rod with cap found in the northerly line of said 74.590 acre tract, being the common southerly corner of said 132.28 acre tract and that certain 107.44 acre tract of land conveyed to NNP-Teravista by deed of record in Document No. 2001001639 of said Official Public Records, bears N69°15'57"E, distance of 47.49 feet THENCE, leaving the southerly line of said 132.28 acre tract, over and across said 74.590 acre tract, along the westerly right-of-way line of future Oakmont Drive, along said non -tangent curve to the left having a radius of 2300.00 feet, a central angle of 11°26'01", an arc length of 458.98 feet, and a chord which bears SO4°01'44"E, a distance of 458.22 feet to a 1/2 inch iron rod with cap set for the southeasterly corner hereof; FN 05-075(CAG) FEBRUARY 2, 2005 PAGE 2 OF 2 THENCE, leaving the westerly right-of-way line of Future Oakmont Drive, continuing over and across said 74.590 acre tract along the southerly and westerly lines hereof, the following six (6) courses and distances: 1) S83°17'48"W, a distance of 382.83 feet to a 1/2 with cap set for an angle point; 2) N74°43'22"W, a distance of 33.11 feet to a 1/2 set for the southwesterly corner hereof; 3) N52°44'31"W, a distance of 153.59 feet to 1/2 with cap set for the point of curvature of a left; inch iron rod inch iron rod inch iron rod curve to the 4) Along said curve to the left having a radius of 260.25 feet, a central angle of 27°15'46", an arc length of 123.83 feet, and a chord which bears N66°22'25"W, a distance of 122.67 feet to a 1/2 inch iron rod with cap set for the point of tangency; 5) N80°00'18"W, a distance of 182.14 feet to a 1/2 inch iron rod with cap set for the point of curvature of a non -tangent curve to the left; 6) Along said non -tangent curve to the left having a radius of 770.00 feet, a central angle of 01°32'57", an arc length of 20.82 feet, and a chord which bears N11°58'08"E, a distance of 20.82 feet to the POINT OF BEGINNING containing an area of 5.148 acres (224,254 sq. ft.) of land, more or less, within these metes and bounds. BEARING BASIS: REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE BASED ON PUBLISHED NAD 83/93 HARN VALUES FOR THE CITY OF GEORGETOWN MONUMENTATION NETWORK. BURY & PARTNERS, INC. ENGINEERS -SURVEYORS 3345 BEE CAVE ROAD, SUITE 200 AUSTIN, TEXAS 78746 JOHN T. BILNOSKI R.P.L... NO. 4998 STATE OF TEXAS DATE GjS7 9z. z. JOHN T. BILNOSKI I ••••:•-••••••••0•0•••••••••••••••• .'�.r � Alp 4998 r { J{ co VICINITY MAP N. T, S,. No. Bearing Distance 11 S8317'48"W 382.83' L2 N74'43'22"W 33.11' L3 N52'44'31"W 153.59' L4 N80'00'18"W 182.14' L5 N69'15'57"E 47.49' 0 150 300 600 SCALE: 1 "= 300' CURVE TABLE No. Delta Rodius Arc Length Chord Length Chord Bearing C1 11'26'01" 2300.00 458.98 458.22 SO4'01'44"E C2 2715'46" 260.25 123.83 122.67 N66'22'25"W C3 01'32'57" 770.00 20.82 20.82 N11'58'08"E 132.28 ACRES ANC -ROUND ROCK ASSETS 11, LP DOC. NO. 2001001644 P.O.B. N69"15'57"E 844.33' M N6915'57"E 657.06' C3 LOT 1, BLOCK A FIRST LIMITED ADDJTJON CAB. 0, SLD. 27-73 SCOTT, SHERWOOD AND BRINDLE"( FOUNDATION DOC. NO. 9700732 CHANDLER ROAD 5.148 ACRES (224, 254 SQ. FT.) 107,44 ACRES /NNP/ -Tr RAVISTA /DOC. NO. P001001639 I - / Li 74.590 ACRES SCOTT & WHITE MEMORIAL_ HOSPITAL AND SCOTT, SHERWOOD AND BRINDLE Y FOUNDATION DOC. NO. 9733254 1 LEGEND • 1/2" IRON ROD FOUND (UNLESS NOTED) MCNEIL CONSUMER o 1/2" IRON ROD SET WITH CAP PRODUCTS CO. P.O.C. POINT OF COMMENCEMENT VOL. 657, PG. 659 P.O,8, POINT OF BEGINNING LOT 1 OAKMONT CENTRE SEC. 2 O PROVIDENT DEV. CO. LOT 1 OAKMONT CENTRE SEC. 4 BARSHOP AND OLES fp Bury+ Partners Consulting Engineers and Surveyors Austina'exa, Tel 512/328-0011 Fax 512/320-0325 Bury+Perinen, Inc.*Copyright 2004 SKETCH TO ACCOMPANY DESCRIPTION OF 5.148 ACRES OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO, 212. SITUATED IN WILUAMSON COUNTY, TEXAS BEING A PORTION OF THAT CERTAIN 74,590 ACRE TRACT OF LAND CONVEYED TO SCOTT AND WHITE MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY FOUNDATION BY DEED OF RECORD IN DOCUMENT -NO. 9733254 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS DATE: 02/04/05 FILE: H: \392\37\39237EX13,dwg FN No.: 05-075(CAG) DRAWN BY: CAG PROD. No: 392-37 EXHIBIT C-3 METES AND BOUNDS DESCRIPTION OF PARCEL 3 6.769 ACRES SCOTT & WHITE TRACT BARSHOP & OLES DESCRIPTION FN NO. 05-074 (CAG) FEBRUARY 2, 2005 BPI JOB NO. 392-37 OF 6.769 ACRES OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, SITUATED IN WILLIAMSON COUNTY, TEXAS BEING A PORTION OF THAT CERTAIN 74.590 ACRE TRACT OF LAND CONVEYED TO SCOTT AND WHITE MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY FOUNDATION BY DEED OF RECORD IN DOCUMENT NO. 9733254 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; AND A PORTION OF LOT 1, BLOCK A, FIRST LIMITED ADDITION, A SUBDIVISION OF RECORD IN CABINET 0, SLIDES 22-23 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 6.769 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING, at a 1/2 inch iron rod found in the easterly right-of- way line of Interstate Highway 35 (R.O.W. varies), being the southwesterly corner of that certain 132.28 acre tract of land conveyed to ANC -Round Rock Assets II, LP by deed of record in Document No. 2001001644 of the Official Public Records of Williamson County, Texas, same being the northwesterly corner of said 74.590 acre tract and hereof; THENCE, N69°15'57"E, leaving the easterly line of Interstate Highway 35, along the southerly line of said 132.28 acre tract, being a portion of the northerly line of said 74.590 acre tract, for the northerly line hereof, a distance of 657.06 to a 1/2 inch iron rod with cap set for the point of curvature of a non -tangent curve to the right, being the northeasterly corner hereof, from which a 1/2 inch iron rod with cap found in the northerly line of said 74.590 acre tract, being the common southerly corner of said 132.28 acre tract and that certain 107.44 acre tract of land conveyed to NNP-Teravista by deed of record in Document No. 2001001639 of said Official Public Records, bears N69°15'57"E, distance of 891.82 feet THENCE, leaving the southerly line of said 132.28 acre tract, over and across said 74.590 acre tract and over and across said Lot 1, along the irregular southerly line hereof, the following four (4) courses and distances: 1) Along said non -tangent curve to the right having a radius of 770.00 feet, a central angle of 28°18'28", an arc length of 380.43 feet, and a chord which bears S25°20'53"W, a distance of 376.57 feet to a 1/2 inch iron rod with cap set for the point of curvature of a reverse curve to the left; 2) Along said reverse curve to the left having a radius of 430.00 feet, a central angle of 60°13'28", an arc length of 451.98 feet, and a chord which bears S09°23'23"W, a distance of 431.46 feet to a 1/2 inch iron rod with cap set for the point of tangency; FN 05-074(CAG) FEBRUARY 2, 2005 PAGE 2 OF 2 3) S20°43'21"E, a distance of 2.86 feet to a 1/2 inch iron rod with cap set for the point of curvature of a non -tangent curve to the right; Along said non -tangent curve to the right having a radius of 1274.94 feet, a central angle of 16°53'49', an arc length of 375.99 feet and a chord which bears S74°20'15"W, a distance of 374.62 feet to a 1/2 inch iron rod with cap set in the curving easterly right-of-way line of Interstate Highway 35 for the point of curvature of a non -tangent curve to the right, from which a concrete highway monument found in the easterly right-of-way line of Interstate Highway 35 bears with the arc of a curve S12°45'48"E, a chord distance of 386.34 feet; THENCE, along the easterly line of Interstate Highway 35, being the westerly line of said Lot 1 and a portion of the westerly line of said 74.590 acre tract, for the westerly line hereof, the following two (2) courses and distances: 1) Along said curve to the feet, a central angle of feet, and a chord which 10.64 feet to a concrete of said curve; right having a radius of 1095.90 00°33'23", an arc length of 10.64 bears NO2°19'58"W, a distance of highway monument found for the end 2) NO2°04'48"W, a distance of 626.96 feet to the POINT OF BEGINNING containing an area of 6.769 acres (294,844 sq. ft.) of land, more or less, within these metes and bounds: BEARING BASIS: REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE BASED ON PUBLISHED NAD 83/93 HARN VALUES FOR THE CITY OF GEORGETOWN MONUMENTATION NETWORK. BURY & PARTNERS, INC. ENGINEERS -SURVEYORS 3345 BEE CAVE ROAD, SUITE 200 AUSTIN, TEXAS 78746 JOHN T. :ILNOSKI R.P.L.S.NO. 4998 STATE OF TEXAS ATE VICINITY MAP N.T.S. No. Bearing Distance 11 N6915'57"E 657.06' L2 S20'43'21"E 2.86' L3 NO2'04'48"W 626.96' 0 150 300 600 SCALE: 1"= 300' CURVE TABLE No. Delto Radius Arc Length Chord Length Chord Bearing C1 28'18'28" 770.00 380.43 376.57 S25'20'53"W C2 6013'28" 430.00 451.98 431.46 S09'23'23"W C3 16'53'49" 1274.94 375.99 374.62 574'20`15"W C4 00'33'23" 1095.90 10.64 10.64 NO2'19'58"W . C5 2018'17" 1095.90 388.37 386.34 512'45'48"E _ / 132.28 ACRES ANC—ROUND ROCK ASSETS 11, LP 107.444 ACRES DOC, NO. 2001001644 ,/NNPI-TERAYISTA /DOC. NO. P'00 1 00 1 639 N6915'57"E 891.82' / • / 1%, CO C4 C3 LOT 1, BLOCK A FIRST LIMITED ADDITION CAB. 0, SLD. 22-23 SCOTT, SHERWOOD AND BRINDLEY FOUNDATION DOC. NO. 9700732 CHANDLER ROAD LEGEND 74.590 ACRES SCOTT & WHITE MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY FOUNDATION DOC. NO. 9733254 p�a�� aNNOQNPoO�MN JOA I3 OSKI 1/2" IRON ROD FOUND (UNLESS NOTED) MCNE►L CONSUMER 1/2" IRON ROD SET WITH CAP PRODUCTS CO. MONU1vIENT FOUND VOL. 557, PG. 659 POINT OF BEGINNING LOT 1 OAKMONT CENTRE SEC. 2 pPROVJDEN1 DEV. CO. LOT 1 OAKMONT CENTRE SEC. 4 BARSHOP AND OLES Bury+ Partners Consulting Engineers and Surveyors AustinSexan Tel 512/328-0011 Fa 512/928-0925 lury+Parlaera, le. CCopyrtght 2004 SKETCH TO ACCOMPANY DESCRIPTION OF 6.769 ACRES OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, SITUATED IN WILLIAMSON COUNTY, TEXAS BEING A PORTION OF THAT CERTAIN 74.590 ACRE TRACT OF LAND CONVEYED TO SCOTT AND WHITE MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY FOUNDATION BY DEED OF RECORD IN DOCUMENT NO. 9733254 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; AND A PORTION OF LOT 1. BLOCK A, FIRST LIMITED ADDITION, A SUBDIVISION OF RECORD IN CABINET 0, SLIDES 22-23 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS DATE: 02/04/05 FILE: H: \392\37\39237EX14.dwg FN No.: 05— 074(CAG) DRAWN BY: CAG l PROJ. No: 392-37 EXHIBIT C-4 METES AND BOUNDS DESCRIPTION OF OAKMONT DRIVE 3.139 ACRES SCOTT & WHITE TRACT BARSHOP & OLES DESCRIPTION FN. NO. 05-102(CAG) FEBRUARY 9, 2005 BPI JOB NO. 392-37 OF A 3.139 ACRE TRACT OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, SITUATED IN WILLIAMSON COUNTY, TEXAS BEING A PORTION OF THAT CERTAIN 74.590 ACRE TRACT OF LAND CONVEYED TO SCOTT & WHITE MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY FOUNDATION BY DEED OF RECORD IN DOCUMENT NO. 9733254 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 3.139 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a cotton gin spindle found in the northerly right- of-way line of Chandler Road (R.O.W. varies), being the southwesterly corner of said 74.590 acre tract, from which a 1/2 inch iron rod found in the northerly right-of-way line of Chandler Road, being the southeasterly corner of Lot 1, Block A First Limited Addition, a subdivision of record in Cabinet o, Slides 22-23 bears N20°43'37"W, a distance of 20.06 feet; THENCE, N69°17'01"E, along the Chandler Road, being a portion 74.590 acre tract, a distance of rod with cap set for the POINT OF corner hereof; northerly right-of-way line of of the southerly line of said 613.18 feet to a 1/2 inch iron BEGINNING and the southwesterly THENCE, leaving the northerly right-of-way line of Chandler Road, over and across said 74.590 acre tract, for the westerly line hereof, the following three (3) courses and distances: 1) N24°17'06"E, a distance of 35.36 feet to a 1/2 inch iron rod with cap set for an angle point; 2) N20°42'11"W, a distance of 436.23 feet to a 7/2 inch iron rod with cap set for the point of curvature of a curve to the right; 3) Along said curve to the right, having a radius of 2300.00 feet, a central angle of 22°23'28", an arc length of 898.83 feet, and a chord which bears N09°30'28"W, a distance of 893.12 feet to a 1/2 inch iron rod with cap set for the northwesterly corner hereof, being in the northerly line of said 74.590 acre tract, same being in the southerly line of that certain 132.28 acre tract of land conveyed to ANC - Round Rock Assets II, LP by deed of record in Document No. 2001001644 of the Official Public Records of Williamson County, Texas; FN 05-102(CAG) FEBRUARY 9, 2005 Page 2 of 2 THENCE, N69°15'57"E, along a portion of the northerly line of said 74.590 acre tract, being in part a portion of the southerly line of said 132.28 acre tract and in part a portion of the westerly line of that certain 107.44 acre tract of land conveyed to NNP-Teravista LP by deed of record in Document No. 2001001639 of said Official Public Records for the northerly line hereof, passing at a distance of 47.49 feet a 1/2 inch iron rod found for the southeasterly corner of said 132.28 acre tract, same being an angle point in the westerly line of said 107.44 acre tract, and continuing for a total distance of 108.60 feet to a 1/2 inch iron rod with cap set for the northeasterly corner hereof, being the point of curvature of a non -tangent curve to the left; THENCE, leaving the westerly line of said 107.44 acre tract, over and across said 74.590 acre tract, for the easterly line hereof, the following three (3) courses and distances; 1) Along said non -tangent curve to the left, having a radius of 2200.00 feet, a central angle of 23°28'12", an arc length of 901.18 feet, and a chord which bears S08°58'06"E, a distance of 894.89 feet to a 1/2 inch iron rod with cap set for the point of tangency; 2) S20°42'11"E, a distance of 436.20 feet to a 1/2 inch iron rod with cap set for an angle point; 3) S65°42'54"E, a distance of 35.35 feet to a 1/2 inch iron rod with cap set for the southeasterly corner hereof, being in the northerly right-of-way line of Chandler Road, from which a 1/2 inch iron rod found for the common southerly corner of said 74.590 acre tract and said 107.44 acre tract bears N69°17'01"E, a distance of 1575.90 feet; THENCE, S69°17'01"W, along the northerly line of Chandler Road, being a portion of the southerly line of said 74.590 acre tract, for the southerly line hereof, a distance of 150.00 feet to the POINT OF BEGINNING, containing an area of 3.139 acres (136,744 sq. ft.) of land, more or less, within these metes and bounds. BEARING BASIS: REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE BASED ON PUBLISHED NAD 83/93 HARN VALUES FOR THE CITY OF GEORGETOWN MONUMENTATION NETWORK BURY+PARTNERS, INC. ENGINEERS -SURVEYORS JOHN . BILNOSKI, R.P.L.S. 3345 BEE CAVE ROAD NO. ''998 SUITE 200 STAT.. OF TEXAS AUSTIN, TEXAS 78746 VICINITY MAP N.T.S. UNE TABLE No. Beorin9 Distance L1 N24'17 06"E 35.36' L2 N20'42'11"W 436.23' L3 N69'15'57"E 108.60' L4 S20`42'11"E 436.20' 15 S65'42'54"E 35.35' L6 S69'17'01 "W 150.00' L7 N20'43'37"W 20.06' L8 N69'17'01"E 613.18 19 N69'17.01 "E 1575.90 = M MINIM M — i CURVE TABLE 150 300 600 SCALE: 1 "= 300' No. Delta Radius Arc Length Chord Length Chord Bearing C1 22'23'28" 2300.00 898,83 893.12 N09'30'28"W C2 23'28'12" 2200.00 901.18 894.89 S08'58'06"E 132.28 ACRES ANC—ROUND ROCK ASSETS 11, LP DOC. NO. 2001001544 DEED LINE 47.49' 107.44 ACRES NNP—TERAVISTA DOC. NO. 2001001639 DEED LINE LOT 1 , BLOCK A FIRST LIMITED ADDITION CAB. 0, SLD. 22-23 SCOTT, SHERWOOD AND BRINDLEY FOUNDATION DOC. NO. 9700732 3.139 ACRES (136, 744 SQ. FT) 74.590 ACRES SCOTT & WHITE MEMORIAL HOSPITAL AND' SCOTT, SHERWOOD AND BRINDLEY FOUNDATION DOC. NO. 9733254 L7 _. L8 P.O.B. CHANDLER ROAD (R.O.W. VARIES)—"COTTON SPINDLE LEGEND • 1/2" IRON ROD FOUND (UNLESS NOTED) O 1/2" IRON ROD SET WITH CAP P.O.C. POINT OF COMMEt4CE#ENT P.0.8. POINT OF BEGINNING MCNEIL CONSUMER PRODUCTS CO. VOL. 657, PG. 659 LOT 1 OAKMONT CENTRE SEC. 2 L6 a <5' L9 PROVIDENT DEV. CO. LOT 1 OAKMONT CENTRE SEC. 4 BARSHOP & OLES I) Bury+ Partners Consulting Engineers and Surveyors Auatin,Texae Tel 512/328-0011 Fax 5!2/328-0325 Bur+P.ttaerx. Ine. eCopyrIRht 2004 SKETCH TO ACCOMPANY DESCRIPTION OF 3.139 ACRES OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO, 212. SITUATED IN WILLIAMSON COUNTY. TEXAS BEING A PORTION OF THAT CERTAIN 74,590 ACRE TRACT OF LAND CONVEYED TO SCOTT AND WHITE MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY FOUNDATION BY DEED OF RECORD IN DOCUMENT NO. 9733254 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS DATE: 02/09/05 FILE: H: \392\37\39237EX12.dwg FN No.: 05— 102(CAG) DRAWN BY: CAG PROJ. No: 392-37 EXHIBIT D-1 USES AND DEVELOPMENT STANDARDS FOR PARCEL 1 In accordance with Section 11.314 of the Round Rock Zoning Ordinance, the following use regulations, design standards and development standards shall apply to all development on the portion of the Property identified as Parcel 1 on the Parcel Map, attached to this ordinance as Exhibit "C", and further described by metes and bounds in Exhibit "C-1". Unless otherwise defined, all terms used shall correspond to the definitions in the City of Round Rock Code of Ordinances. 1. PERMITTED USES The following principal uses are permitted: • Grocery Stores (within a structure containing at least 125,000 square feet) • Retail Sales and Services provided Retail Services shall be limited to the following: o Florist o Cleaners (drop-off and pick-up only) o Hair Salon o Alteration Shop (Tailor) o Copy Business Center o Dental Service* o Shoe Repair* o Real Estate Office* o Day Spa* o Travel Agency* o Dance Studio* o Private Postal Service* o Jewelry Repair* o Weight Loss Center* o Dental Service* o Chiropractor* o Educational Learning Center* o Stocks and Bonds Brokers* o Mortgage Companies* o Insurance Agents* * The aggregate square footage of the services marked with an asterisk operating on Parcel 1 at any time shall not exceed 10,000 square feet and shall only be permitted in a building facing Chandler Road, or Oakmont Drive. • Bank (including off-site cash machines). This includes banks, savings and loans, and credit unions. • Indoor Entertainment Activities (provided such activities shall be limited to an operation which includes both a mix of entertainment activities and food and beverage service). • Eating Establishments, excluding drive through services (except that a "to go" window shall be permitted for a sit down restaurant) • Drive through services for a bank or pharmacy • Outdoor Entertainment (this use shall be limited only to an outdoor music venue) • Theater/Cinema • Bars/Pubs/Taverns, which is the use of a site for the retail sale of alcoholic beverages for consumption on premises • Hotel • Conference Center • Fire or Police Station • Visitor Center, which is the use of a site for the provision of information to the public regarding a development, project, or the surrounding community, as well as related activities, events, programs and tourist locations. • Wireless Transmission Facility, Stealth • Wireless Transmission Facility, Attached • Park, Private • Park, Linear/Linkage • Park, Community • Park, Neighborhood • Park, Regional/Metropolitan 2. PROHIBITED USES The following uses are prohibited: • Gasoline & fuel sales • Automotive & machinery repair • Automotive & machinery services • Automotive parts • Automotive sales • Automotive rental • Automotive & machinery washes • Wrecking yards • Sale of used goods (except antiques and estate sales) • Sexually oriented businesses • Trucking terminals • Truck service or repair • Truck stops • Bulk distribution centers • Mini warehouses • Flea markets • Portable building sales • Manufactured home sales • Boat sales • Camper sales • Industrial building sales • Amusement parks or carnivals • Campgrounds • Shooting ranges • Kennels • Video arcades (as a primary use) • Billiard parlors & pool halls (as a primary use) • Tattoo parlors • Donation centers • Recycling centers • Wholesale nurseries • Recreational vehicle parks • Pawn shops • Heavy equipment sales • Wireless Transmission Facility, Self -Standing 3. SPECIAL EXCEPTIONS All other uses that are not specifically addressed in this ordinance will require a special exception, in accordance with the City of Round Rock Code of Ordinances. 4. DESIGN STANDARDS 4.1 Prohibited Materials The following materials are prohibited on the exterior walls and roofs of all buildings and structures. • Asbestos • Mirrored Glass (reflectivity of 20% or more) Corrugated metal (except for trim or minor decorative features approved by the Director of Planning) • Unfinished sheet metal (except for trim or minor decorative features approved by the Director of Planning) 4.2 Requirements Except as modified by this ordinance, the project shall comply with the C-1 Design Standards specified in Section 11.409(4) of the Round Rock Zoning Ordinance. Buildings and structures in Parcel 1 shall incorporate similar and compatible architectural styles currently planned for buildings and structures in Parcel 1 of PUD 60 (Round Rock Premium Outlet Mall) as generally depicted on Exhibit "G" attached hereto, utilizing similar building materials, colors and designs. Emphasis shall also be placed on human scale design and pedestrian connectivity between buildings, utilizing shaded pedestrian walkways, public plazas, landscaping and other public amenities. Building elevations demonstrating compliance with the requirements of this section shall be submitted with the Preliminary Site Plan for City review and approval; such approval not to be unreasonably withheld. 4.4 Wet Pond The detention/retention pond to be located at the Southwest corner of Parcel 1 (the corner of 1-35 and Chandler Road) shall be designed and constructed as a "Wet Pond" water feature (i.e., a constant body of water with natural shape combining storm water detention and filtration functions, as required, with water retention). Aquatic plantings shall be installed around the perimeter of the pond for biological filtration of the storm water. A fountain feature shall also be included in the pond for water aeration. EXHIBIT D-2 USES AND DEVELOPMENT STANDARDS FOR PARCEL 2 In accordance with Section 11.314 of the Round Rock Zoning Ordinance, the following use regulations, design standards and development standards shall apply to all development on the portion of the Property identified as Parcel 2 on the Parcel Map, attached to this ordinance as Exhibit "C", and further described by metes and bounds in Exhibit "C-2". Unless otherwise defined, all terms used shall correspond to the definitions in the City of Round Rock Code of Ordinances. 1. PERMITTED USES The following principal uses are permitted: • Theater/Cinema • Retail Sales and Services • Eating Establishments • Bars/Pubs/Taverns, which is the use of a site for the retail sale of alcoholic beverages for consumption on premises • Drive through services • Bank or Financial Services, which is the use of a site for the provision of financial and banking services. This includes banks, stocks and bonds brokers, loan and lending activities, off-site cash machines, and other similar services. • Visitor Center, which is the use of a site for the provision of information to the public regarding a development, project, or the surrounding community, as well as related activities, events, programs and tourist locations. • Park, Private • Park, Linear/Linkage • Park, Community • Park, Neighborhood • Park, Regional/Metropolitan 2. PROHIBITED USES The following uses are prohibited: • Grocery stores • Gasoline & fuel sales • Automotive & machinery repair • Automotive & machinery services • Automotive parts • Automotive sales • Automotive rental • Automotive & machinery washes • Wrecking yards • Sale of used goods • Sexually oriented businesses • Trucking terminals • Truck service or repair • Truck stops • Bulk distribution centers • Mini warehouses • Flea markets • Portable building sales • Manufactured home sales • Boat sales • Camper sales • Industrial building sales • Amusement parks or carnivals • Campgrounds • Shooting ranges • Kennels • Video arcades (as a primary use) • Billiard parlors & pool halls (as a primary use) • Tattoo parlors • Donation centers • Recycling centers • Wholesale nurseries • Recreational vehicle parks • Pawn shops • Heavy equipment sales • Wireless Transmission Facility, Self -Standing 3. SPECIAL EXCEPTIONS All other uses that are not specifically addressed in this ordinance will require a special exception, in accordance with the City of Round Rock Code of Ordinances. 4. DESIGN STANDARDS 4.1 Prohibited Materials The following materials are prohibited on the exterior walls and roofs of all buildings and structures. • Asbestos • Mirrored Glass (reflectivity of 20% or more) • Corrugated metal (except for trim or minor decorative features approved by the Director of Planning) • Unfinished sheet metal (except for trim or minor decorative features approved by the Director of Planning) 4.2 Requirements Except as modified by this ordinance, the project shall comply with the Design Standards specified in Section 11.409(4) of the Round Rock Zoning Ordinance. Buildings and structures in Parcel 2 shall incorporate similar and compatible architectural styles with buildings and structures depicted in Exhibit "G", utilizing similar building materials, colors and designs. Emphasis shall also be placed on human scale design and pedestrian connectivity between buildings, utilizing shaded pedestrian walkways, public plazas, landscaping and other public amenities. Building elevations demonstrating compliance with the requirements of this section shall be submitted with the Preliminary Site Plan for City review and approval. EXHIBIT D-3 USES AND DEVELOPMENT STANDARDS FOR PARCEL 3 In accordance with Section 11.314 of the Round Rock Zoning Ordinance, the following use regulations, design standards and development standards shall apply to all development on the portion of the Property identified as Parcel 3 on the Parcel Map, attached to this ordinance as Exhibit "C", and further described by metes and bounds in Exhibit "C-3". Unless otherwise defined, all terms used shall correspond to the definitions in the City of Round Rock Code of Ordinances. 1. PERMITTED USES Parcel 3 shall be developed as pad sites consisting of any the following uses: • Eating Establishments without drive-through services • Bars/Pubs/Taverns, which is the use of a site for the retail sale of alcoholic beverages for consumption on premises • Retail Sales and Services • Off-site cash machines • Hotels • Visitor Center, which is the use of a site for the provision of information to the public regarding a development, project, or the surrounding community, as well as related activities, events, programs and tourist locations. • Park, Private • Park, Linear/ Linkage • Park, Community • Park, Neighborhood • Park, Regional/Metropolitan 2. PROHIBITED USES The following uses are prohibited: • Grocery stores • Gasoline & fuel sales • Automotive & machinery repair • Automotive & machinery services • Automotive parts • Automotive sales • Automotive rental • Automotive & machinery washes • Wrecking yards • Sale of used goods • Sexually oriented businesses • Trucking terminals • Truck service or repair • Truck stops • Bulk distribution centers • Mini warehouses • Flea markets • Portable building sales • Manufactured home sales • Boat sales • Camper sales • Industrial building sales • Amusement parks or carnivals • Campgrounds • Shooting ranges • Kennels • Video arcades (as a primary use) • Billiard parlors & pool halls (as a primary use) • Tattoo parlors • Donation centers • Recycling centers • Wholesale nurseries • Recreational vehicle parks • Pawn shops • Heavy equipment sales • Wireless Transmission Facility, Self -Standing 3. SPECIAL EXCEPTIONS All other uses that are not specifically addressed in this ordinance will require a special exception, in accordance with the City of Round Rock Code of Ordinances. 4. DESIGN STANDARDS 4.1 Prohibited Materials The following materials are prohibited on the exterior walls and roofs of all buildings and structures. • Asbestos • Mirrored Glass (reflectivity of 20% or more) • Corrugated metal (except for trim or minor decorative features approved by the Director of Planning) • Unfinished sheet metal (except for trim or minor decorative features approved by the Director of Planning) 4.2 Requirements Except as modified by this ordinance, the project shall comply with the Design Standards specified in Section 11.409(4) of the Round Rock Zoning Ordinance. Buildings and structures in Parcel 2 shall incorporate similar and compatible architectural styles with buildings and structures depicted in Exhibit "G", utilizing similar building materials, colors and designs. Emphasis shall also be placed on human scale design and pedestrian connectivity between buildings, utilizing shaded pedestrian walkways, public plazas, landscaping and other public amenities. Building elevations demonstrating compliance with the requirements of this section shall be submitted with the Preliminary Site Plan for City review and approval. EXHIBIT E RESERVED EXHIBIT F-1 STREETSCAPE (PLAN VIEW Screening shrubs �-- Parking —� — Streetside Planting Area Shrub & Groundcover Planting Area Small, ornamental ree; 3/100' long median, typ. Large, shade tree; 2/100' along exterior of property along Oakmont Drive. g 3 o y Ar4 L -. DI SD g 440 PARTNERS 001 South Mop., DuiOEfng 2. Suite 050. 00464. Texas 78744 1205125011011 FM5123121.0488 LANDSCAPE ANCNITECTNSE d PLANNING \ encs eR` i�`Q� e Fd\`N n3 0 Small, ornamental tree; , 3/100' along exterior of property along Oakmont Drive. CHANDLER /1-35 RETAIL EXHIBIT F-1 Streetscape (Plan View) 7714 nlm:natol 41-0— s basad pn u 1G. 11v Po 111 E V/ W NORTH 1�. 1 MARCH 4,2 5 Lt and u; subject to rnxxle aMice EXHIBIT F-2 STREETSCAPE (PROFILE VIEW Large, shade tre Landscape Improvements, per P.U.D. C.J H EXHIBIT G ARCHITECTURE RECORDERS MEMORANDUM M or parts of the text on this page was not Clearly legible for satisfactory recordation, VIEW AT WAIN ENTRY 1- U.1 W 0 VIEW FROM PARKING A IH -85 NORTH RECORDERS MEMORANDUM Ali or parts of the text on this page was not clearly legible for satisfactory recordation. 2EITIMEVIMMUMMW177.1q,ix, IR= R 0 cl) I rchitecture (2 of 2 EXHIBIT H RIGHT OF WAY AND EASEMENT LOCATIONS EXHIBIT 11 Rezoning -Barshop & Oles Tract PUD 59 - 50.154 Acres AGREEMENT AND DEVELOPMENT PLAN CHANDLER IH 35 RETAIL, LTD. PUD PLANNED UNIT DEVELOPMENT NO. 59 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 Chandler IH 35 Retail, Ltd., a Texas limited partnership, having its offices at 801 Congress, Suite 300, Austin, Texas 78701 (hereafter referred to as the "Owner"). For purposes of this Agreement, the term Owner shall mean Chandler IH 35 Retail, Ltd., its respective successors and assigns; provided, however, upon sale, transfer or conveyance of portions of the hereinafter described property, the duties and obligations of the Owner, as it relates to the respective property, shall be assumed by the new owner, and the Owner shall have no further liability relating to their respective property. WHEREAS, the Owner is the owner of certain real property consisting of approximately 50.154 acres, as more particularly described in Exhibit "A", (herein after referred to as the "Property") attached hereto and made a part hereof. WHEREAS, The Owner has submitted a request to the City to rezone the Property as a Planned Unit Development (the "PUD"). WHEREAS, pursuant to Chapter 11, Section 11.314, Code of Ordinances (1995 Edition), City of Round Rock, Texas, the Owner has submitted 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 March 16, 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 -1- 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: 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.13 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, Code of Ordinances, (1995 Edition), City of Round Rock, Texas, as amended. 4. LIEN HOLDER CONSENT That the lien holder of record has consented to this Agreement and Development Plan, including any and all dedications to the public. Lien holder consent is attached hereto and incorporated herein as Exhibit "B", attached hereto and incorporated herein. 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 -2- Development Plan. No consent shall be required in connection with such sale of the Property. 5.2 Necessary Documents and Actions Each party agrees to execute and deliver all such other and further instruments and undertake such actions as are or may become necessary or convenient to effectuate the purposes and intent of this Agreement. 5.3 Severability In case one or more provisions contained 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. -3- 5.8 Duplicate Originals This Agreement may be executed in duplicate original, each of equal dignity. 5.9 Notices Until changed by written notice thereof any notice required under this Agreement may be given to the respective parties, by certified mail, postage prepaid or by hand delivery to the address of the other party shown below: OWNER Chandler IH 35 Retail, Ltd. c/o Barshop & Oles 801 Congress Avenue, Suite 300 Austin, Texas 78701 Attn: Milo Burdette 5.10 Effective Date CITY OF ROUND ROCK City of Round Rock, Texas 221 East Main Street Round Rock, Texas 78664 Attn: Director of Planning This Agreement shall be effective from and after the date of due execution hereof by all parties. 5.11 Appeal of Administrative Decisions Administrative decisions provided for in this Agreement may be appealed to the City Council in writing within ninety (90) days following receipt by Owner of the written confirmation of the decision. 5.12 Binding Effect This Agreement and the Development Plan binds and benefits the Owner and its successors and assigns. 1I. DEVELOPMENT PLAN 1. DEFINITIONS Words and terms used herein shall have their usual force and meaning, or as defined in the Code of Ordinances (1995 Edition) as amended, City of Round Rock, Texas, -4- hereinafter referred to as "the Code." 2. PROPERTY This Development Plan ("Plan") covers approximately 50.154 acres of land, located within the city limits of Round Rock, Texas, and more particularly described by metes and bounds in Exhibit "A". For the purpose of assigning land use and development standards, the Property has been divided into development parcels, as shown in Exhibit "C". 3. PURPOSE The purpose of this Plan is to ensure a PUD that 1) is equal to or superior to development that would occur under the standard ordinance requirements, 2) is in harmony with the General Plan, as amended, 3) does not have an undue adverse 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. 4. APPLICABILITY OF CITY ORDINANCES 4.1 Zoning and Subdivision Ordinances The Property shall be regulated for purposes of zoning and subdivision by this Plan. All aspects not specifically covered by this Plan shall be regulated by applicable sections of the Code. If there is a conflict between this Agreement and Plan and the Code, this Agreement and Plan shall supersede the specific conflicting provisions of the Code. 4.2 Other Ordinances All other Ordinances within the Code shall apply to the Property, except as clearly modified by this Plan. In the event of a conflict, the terms of this Agreement shall control. 5. PERMITTED USES The Property shall be used and developed for the uses as shown in Exhibits "D-1", "D- 2" and "D-3". -5- 6. DEVELOPMENT STANDARDS The Property shall be developed in accordance with the development standards set forth in Exhibits "D-1", "D-2" and "D-3", attached hereto, as applicable to each parcel and its designated use. 7. UNDERGROUND UTILITY SERVICE Except where approved in writing by the City Engineer, all electrical, telephone and cablevision distribution and service lines, other than overhead lines that are three phase or larger, installed by or at the request of Owner, shall be placed underground to connecting points provided by the service provider. All transformers must be visually screened. 8. DRIVEWAY ACCESS Driveway access shall be regulated in accordance with the Traffic Impact Analysis approved by the City's Director of Transportation Services. 9. DRIVEWAY THROAT LENGTH All driveways shall provide a minimum driveway throat of 100 feet, except the northernmost driveway on Oakmont Drive (providing access to the rear of the retail buildings) shall provide a minimum driveway throat of 50 feet. No parking spaces or internal access drives shall intersect with access driveways within this 100 -foot or 50 - foot, as applicable, throat. Throat length shall be measured from the property line along the street right-of-way. 10. RIGHT-OF-WAY AND EASEMENT DEDICATIONS The required right-of-way for the proposed Oakmont Drive shall be dedicated or cause to be dedicated to the City, free of all monetary liens, with the final plat for Parcel 1, or pursuant to an agreement or agreements by and between the City of Round Rock and Simon Property Group (Texas), L.P. The right-of-way to be dedicated shall be in accordance with the metes and bounds description shown in Exhibit "C-4". If said right-of-way is not dedicated in accordance with this section, the zoning applicable to Parcel 1 shall automatically revert back to the zoning classification applicable to Parcel 1 immediately prior to the effective date of the ordinance to which this agreement is an exhibit. -6- If the owner of Parcel 1 has not both (i) dedicated right-of-way for the widening of Chandler Road in the area shown on Exhibit "H" attached hereto, and (ii) granted to the City a wastewater line easement in the area shown on Exhibit "H" attached hereto, within six (6) months after the date of this ordinance, then the zoning applicable to Parcel 1 shall automatically revert back to the zoning classification applicable to Parcel 1 immediately prior to the effective date of this ordinance. Further, Owner shall construct, or cause to be constructed, at least two lanes of Oakmont Drive within the right-of-way described above, along with associated roadway improvements, including a pro -rated share of costs of construction of the traffic signal at the intersection of Oakmont Drive and Chandler Road, when and if said signal is required. Owner shall also pay a pro -rated share of the traffic signal at the intersection of Chandler Road and the driveway to Parcel 1. This payment shall be made to the City within thirty (30) days of a receipt of a written request from the City that warrants have been met justifying the construction of said signal. 11. STREETSCAPE The streetscape for Oakmont Drive shall be landscaped substantially in accordance with Exhibits "F-1" and "F-2". Street medians and streetside planting areas for Oakmont Drive shall have a minimum of two (2) large trees and three (3) small trees for every one hundred (100) linear feet. Street trees for Oakmont Drive shall be irrigated by a permanent automatic irrigation system constructed to current City standards by the Owner. 12. WATER FEATURES The perimeter of the water feature area in Parcel 3, as identified on the Parcel Map attached to this ordinance as Exhibit "C", abutting the IH -35 frontage road shall have, on average, large trees spaced a minimum of fifty (50) feet on center and one (1) small tree spaced a minimum of thirty (30) feet on center. Additionally, pedestrian paths (minimum of six (6) feet wide) shall be provided to connect the proposed structures along the south side of the water feature to the walking trails and community plaza along the eastern side. Unless expressly approved by the Director of Planning, the design of the water features in Parcels and 1 and 3 shall make reasonable efforts to preserve and accommodate existing trees in the pond area. -7- 13. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN 13.1 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. 13.2 Major Changes All changes not permitted under section 13.1 above shall be resubmitted following the same procedure required by the original PUD application; provided, however, that nothing herein or otherwise shall require an owner of a portion of the Property (the "Rezoning Owner") to obtain the consent or approval of any other owner of a portion of the Property for a change in zoning (including amending this Agreement) as it applies to the land of the Rezoning Owner. 14. CONCEPT PLAN APPROVED Approval of this Agreement constitutes . Concept Plan approval under the City Subdivision Ordinance. 15. GENERAL PLAN 2000 This Agreement amends the Round Rock General Plan 2000, which was adopted on June 10, 1999. CHANDLER IH 35 RETAIL, LTD., a Texas limited partnership By: B&O Development G.P., L.L.C., A Texas limited liability company, its general partner By: C. Patrick Oles, Jr., President Date: t/i(,ii Q2LAt9,5 -8- CITY OF ROUND ROCK, TE Maxwell, Mayor ATTEST: By: Christine Martinez, City Secretary -9- LIST OF EXHIBITS EXHIBIT DESCRIPTION Exhibit "A" Metes and Bounds Description of Property Exhibit "B" Lien Holder Consent Exhibit "C" Development Parcels Exhibit "C-1" Metes and Bounds Description of Parcel 1 Exhibit "C-2" Metes and Bounds Description of Parcel 2 Exhibit "C-3" Metes and Bounds Description of Parcel 3 Exhibit "C-4" Metes and Bounds Description of Oakmont Drive Exhibit "D-1" Uses and Development Standards for Parcel 1 Exhibit "D-2" Uses and Development Standards for Parcel 2 Exhibit "D-3" Uses and Development Standards for Parcel 3 Exhibit "E" Reserved Exhibit "F-1" Streetscape (Plan View) Exhibit "F-2" Streetscape (Profile View) Exhibit "G" Architecture Exhibit "H" Right of Way and Easement Locations Exhibit "I" Theater/Cinema Design and Signage -10- EXHIBIT A METES AND BOUNDS DESCRIPTION OF PROPERTY 50.154 ACRES SCOTT & WHITE TRACT IH -35 & CHANDLER ROAD DESCRIPTION FN. NO. 05-116(CAG) FEBRUARY 18, 2005 BPI JOB NO. 392-37 OF A 50.154 ACRE TRACT OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, SITUATED IN WILLIAMSON COUNTY, TEXAS BEING ALL OF LOT 1, BLOCK A, FIRST LIMITED ADDITION, A SUBDIVISION OF RECORD IN CABINET 0, SLIDES 22-23 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND ALSO BEING A PORTION OF THAT CERTAIN 74.590 ACRE TRACT OF LAND CONVEYED TO SCOTT & WHITE MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY FOUNDATION BY DEED OF RECORD IN DOCUMENT NO. 9733254 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 50.154 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING, at a 1/2 inch iron rod found in the easterly right- of-way line of Interstate Highway 35 (R.O.W. varies), being the southwesterly corner of that certain 132.28 acre tract of land conveyed to ANC -Round Rock Assets II, LP by deed of record in Document No. 2001001644 of the Official Public Records of Williamson County, Texas, same being the northwesterly corner of said 74.590 acre tract and hereof; THENCE, N69°15'57"E, leaving the easterly line of Interstate Highway 35, along a portion of the northerly line of said 74.590 acre tract, being in part the southerly line of said 132.28 acre tract and in part a portion of the westerly line of that certain 107.44 acre tract of land conveyed to NNP-Teravista by deed of record in Document No. 2001001639 of said Official Public Records, for the northerly line hereof, passing at a distance of 1548.87 feet a 1/2 inch iron rod with cap found for the southeasterly corner of said 132.28 acre tract, being an angle point in the westerly line of said 107.44 acre tract, and continuing for a total distance of 1609.98 feet to a 1/2 inch iron rod with cap set in the curving easterly right-of-way line of future Oakmont Drive (100' R.O.W.) for the northeasterly corner hereof, from which a 1/2 inch iron rod found, being the northeasterly corner of said 74.590 acre tract, same being an angle point in the westerly line of said 107.44 acre tract bears N69°15'57"E, a distance of 1514.38 feet; THENCE, leaving the westerly line of said 107.44 acre tract, over and across said 74.590 acre tract, along the easterly right-of-way line of future Oakmont Drive for the easterly line hereof, the following three (3) courses and distances: 1) Along a non -tangent curve to the left having a radius of 2200.00 feet, a central angle of 23°28'12", an arc length of 901.18 feet, and a chord which bears S08°58'06"E, a distance of 894.89 feet to a 1/2 inch iron rod with cap set for the point of tangency; FN 05-116(CAG) FEBRUARY 18, 2005 PAGE 2 OF 2 2) S20°42'11"E, a distance of 436.20 feet to a 1/2 inch iron rod with cap set for an angle point; 3) S65°42'54"E, along a right-of-way cutback at the intersection of future Oakmont Drive and Chandler Road (R.O.W. varies), a distance of 35.35 feet to a 1/2 inch iron rod with cap set for the southeasterly corner hereof, being in the northerly right-of-way line of Chandler Road and the southerly line of said 74.590 acre tract from which a 1/2 inch iron rod found in the northerly right-of-way line of Chandler Road, being the southeasterly corner of said 74.590 acre tract, same being the southwesterly corner of said 107.44 acre tract bears N69°17'01"E, a distance of 1575.90 feet; THENCE, along the northerly right-of-way line of Chandler Road, being the southerly and a portion of the westerly line of said 74.590 acre tract, for a portion of the southerly line hereof, the following two (2) courses and distances: 1) S69°17'01"W, a distance of 763.18 feet to a cotton gin spindle found for the southwesterly corner of said 74.590 acre tract for an angle point hereof; 2) N20°43'37"W, a distance of 20.06 feet to a 1/2 inch iron rod found for an angle point hereof, being the southeasterly corner of said Lot 1; THENCE, S69°17'30"W, leaving the westerly line of said 74.590 acre tract, continuing along the northerly right-of-way line of Chandler Road, being the southerly line of said Lot 1 for a portion of the southerly line hereof, a distance of 934.24 feet to a 1/2 inch iron rod with cap found for the southwesterly corner of said Lot 1 and hereof, being in the easterly right-of- way line of Interstate Highway 35; THENCE, leaving the northerly right-of-way line of Chandler Road, along the easterly right-of-way line of Interstate Highway 35, being the westerly line of said Lot 1 and a portion of the westerly line of said 74.590 acre tract for the westerly line hereof, the following three (3) courses and distances: 1) N22°52'19"W, a distance of 330.08 feet to a concrete highway monument found at the point of curvature of a curve to the right; 2) Along said curve to the right having a radius of 1095.90 feet, a central angle of 20°51'40", an arc distance of 399.01 feet and a chord which bears N12°29'06"W, a distance of 396.81 feet to a concrete highway monument found for the end of said curve; FN 05-116(CAG) FEBRUARY 18, 2005 PAGE 3 OF 3 3) NO2°04'48"W, a distance of 626.96 feet to the POINT OF BEGINNING, containing an area of 50.154 acres (2,184,720 square feet) of land, more or less, within these metes and bounds. BEARING BASIS: REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE BASED ON PUBLISHED NAD 83/93 HARN VALUES FOR THE CITY OF GEORGETOWN MONUMENTATION NETWORK. I, JOHN T. BILNOSKI, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THE PROPERTY DESCRIBED HEREIN WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION. A SURVEY EXHIBIT WAS PREPARED TO ACCOMPANY THIS DESCRIPTION. BURY & PARTNERS, INC. ENGINEERS AND SURVEYORS 3345 BEE CAVES ROAD, SUITE 200 AUSTIN, TEXAS 78746 0 JOHN T BILNOSKI R.P.L.. #4998 STATE •F TEXAS VICINITY MAP N.T.S. 132.28 0 150 300 600 SCALE: 1 "= 300' LINE No. Bearing Distance L1 S20'42'11 "E 436.20' 1..2 S65'42'54'E 35.35' 13 N20'43'37"W 20.06' 14 N22'52'19"W 330.08' L5 NO2'04'48"W 626.96' L6 N6915'57"E 1514.38' L7 N69'17'01"E 1575.90' CURVE TAB No. Delta Radius Arc Length Chord Length Chord Bearing C1 23'28'12" 2200.00 901.18 894.89 S08'58'06"E C2 20'51'40" 1095.90 399.01 396.81 N1229`06"W ACRES ANC—ROUND ROCK ASSETS 11, LP DOC. NO. 2001001644 N6915'57"E 1609.98' DEED LINE 1548.87' ORDERS MEMORANDUM All parts of the text on this page was nett c1e y 1c thle NI' R4tiSfRRt®r, reeordatjon: 50154 ACRES (2,184, 720 SQ. FT) LOT 1 , BLOCK A FIRST LIMITED ADDITION CAB. 0, SLD. 22-23 SCOTT, SHERWOOD AND BRINDLEY FOUNDATION DOC. NO. 9700732 S69' 7'30"W 934.24' CHANDLER ROAD 74.590 ACRES SCOTT & WHITE MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY FOUNDATION DOC. NO. 9733254 07/44 ACRES NNIY—TERAVISTA /DOC. NO. 20010.163 (COTTON SPINDLE J L3.117 3. S69"17'01 "W 763.18' LEGEND MCNEIL CONSUMER • 1/2" IRON ROD FOUND (UNLESS NOTED) PRODUCTS CO. O 1/2" IRON ROD SET WITH CAP VOL. 657, PG. 659 • CONCRETE MONUMENT FOUND P.O.B. POINT OF BEGINNING LOT 1 OAKMONT CENTRE SEC. 2 G O cc (R.O.w. VARIES) z PROVIDENT DEV. CO. LOT 1 OAKMONT CENTRE SEC. 4 BARSHOP & OLES hB ury+Partners Consulting Engineers and Surveyors Auetln,Texae lel 02/328-0011 Fax 512/329-0925 8ug4Pa,1nere, lac. Goplritbt 2804 SKETCH TO ACCOMPANY DESCRIPTION OF 50,154 ACRES OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT N0, 212. SITUATED IN WILLIAMSON COUNTY. TEXAS BEING A PORTION OF THAT CERTAIN 74,590 ACRE TRACT OF LAND CONVEYED TO SCOTT AND WHITE MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY FOUNDATION BY DEED OF RECORD IN DOCUMENT NO. 9733254 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AND ALL OF LOT 1, BLOCK A, FIRST LIMITED ADDITION, A SUBDIVISION OF RECORD IN CABINET 0, SLIDES 22-23 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS DATE: 02/18/05 1 FILE: H: \392\37\39237EX18.dwg FN, No.: 05-116(CAG) DRAWN BY: CAG JPROJ. No: 392-37 EXHIBIT B LIEN HOLDER CONSENT THE STATE OF TEXAS COUNTY OF WILLIAMSON § That JPMorgan Chase Bank, N.A., acting herein by and through its duly authorized officers, being the holder of a lien as evidenced by Deed of Trust recorded or to be recorded in the Official Records of Williamson County, Texas, does hereby consent to the Agreement and Development Plan of 37.153 acres of land situated in Round Rock, Williamson County, Texas, and does further hereby join, approve and consent to all provisions shown therein. STATE OF TEXAS COUNTY OF TRAVIS JPMorgan Chase ank, N.A. By: A ,m14/ Name:__ s7 i1&,/ Z ,4 -I, Title: /dt This instrument was acknowledged before me on the g 4- day of C.. , 2005 by 1 ief-ri Z- 1144 , 54z .\-AcG PT.esA-of JPMorgan Chase Bank, - N.A., a national banking association, on behalf of said national banking association. / / 1 Notary Public, State of Texas Commission Expires: EXHIBIT C DEVELOPMENT PARCELS rr .7C L4 PARCEL 2 a.148 ACRES (224,254 SO. PT.) via garffreg SCALE 1" = 300' P Bury+Partners DA ENGINEERING SOLUTIONS 3345 Bee Caves Road, Suite 200 Austin, Texas 78746 Tel. (5(2)328-0011 Pax (512)328-0325 Bury+Partners, Inc. ©Copyright 2005 02/23/05 J SCALE: 1" CHANDLER/I-35 RETAIL, LTD. PUD #59 BARSHOP & OLES DRAWN BY: SPM , FILE: G: \392\37\39237EX9112 DEVELOPMENT PARCELS EXHIBIT C PROJECT No.: 392-37.10 EXHIBIT C-1 METES AND BOUNDS DESCRIPTION OF PARCEL 1 35.098 ACRES SCOTT & WHITE TRACT BARSHOP & OLES DESCRIPTION FN. NO. 05-083(CAG) FEBRUARY 5, 2005 BPI JOB NO. 392-37 OF A 35.098 ACRE TRACT OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, SITUATED IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN 74.590 ACRE TRACT OF LAND CONVEYED TO SCOTT & WHITE MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY FOUNDATION BY DEED OF RECORD IN DOCUMENT NO. 9733254 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND A PORTION OF LOT 1, BLOCK A, FIRST LIMITED ADDITION, A SUBDIVISION OF RECORD IN CABINET 0, SLIDES 22-23 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 35.098 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING, at a 1/2 inch iron rod found at the intersection of the easterly right-of-way line of Interstate Highway 35 (R.O.W. varies) and the northerly right-of-way line of Chandler Road (R.O.W. varies), being the southwesterly corner of said Lot 1 and hereof; THENCE, leaving the northerly right-of-way line of Chandler Road, along the easterly line of Interstate Highway 35, being a portion of the westerly line of said Lot 1, for a portion of the westerly line hereof, the following two (2) courses and distances: . 1) N22°52'19"W, a distance of 330.08 feet to a concrete highway monument found, being the point of curvature of a curve to the right; Along said curve to the right having a radius of 1095.90 feet, a central angle of 20°18'17", an arc distance of 388.37 feet and a chord which bears N12°45'48"W, a distance of 386.34 feet to a 1/2 inch iron rod with cap set for the point of curvature of a non -tangent curve to the left, from which a concrete highway monument found for the end of said curve in the easterly line of Interstate Highway 35 bears with the arc of said curve NO2°19'58"W, a chord distance of 10.64 feet; FN 05-083(CAG) FEBRUARY 5, 2005 Page 2 of 4 THENCE, leaving the easterly right-of-way line Highway 35, over and across said Lot 1, and over 74.590 acre tract, for the northerly line hereof nine (9) courses and distances: of Interstate and across said , the following 1) Along said non -tangent curve to the left having a radius of 1274.94 feet, a central angle of 16°53'49', an arc length of 375.99 feet and a chord which bears N74°20'15"E, a distance of 374.62 feet to a 1/2 inch iron rod with cap set for the end of said curve; 2) N20°43'21"W, a distance of 2.86 feet to a 1/2 inch iron rod with cap set for the point of curvature of a curve to the right; 3) Along said curve to the right having a radius of 430.00 feet, a central angle of 60°13'28", an arc length of 451.98 feet, and a chord which bears N09°23'23"E, a distance of 431.46 feet to a 1/2 inch iron rod with cap set for the point of curvature of a reverse curve to the left; 4) Along said reverse curve to the left having a radius of 770.00 feet, a central angle of 26°45'31", an arc length of 359.61 feet, and a chord which bears N26°07'22"E, a distance of 356.35 feet to a 1/2 inch iron rod with cap set for the end of said curve; 5) S80°00'18"E, a distance of 182.14 feet to a 1/2 inch iron rod with cap set for the point of curvature of a curve to the right; 6) Along said curve to the right having a radius of 260.25 feet, a central angle of 27°15'46", an arc length of 123.83 feet, and a chord which bears S66°22'25"E, a distance of 122.67 feet to a 1/2 inch iron rad with cap set for the point of tangency; S52044'31"E, with cap set S74°43'22"E, with cap set a distance of 153.59 feet to for an angle point; a distance of 33.11 feet to for an angle point.; a 1/2 inch iron rod a 1/2 inch iron rod FN 05-083(CAG) FEBRUARY 5, 2005 Page 3 of 4 9) N83°17'48"E, a distance of 382.83 feet to a 1/2 inch iron rod with cap set for the point of curvature of a non -tangent curve to the left, being in the westerly right-of-way line of future Oakmont Drive (100' R.O.W.); THENCE, continuing over and across the westerly right-of-way line of easterly line hereof, the following said 74.590 acre tract, along future Oakmont Drive for the two (2) courses and distances: 1) Along said non -tangent curve to the left, having a radius of 2300.00 feet, a central angle of 10°57'26", an arc length of 439.86 feet, and a chord which bears S15°13'28"E, a distance of 439.19 feet to a 1/2 inch iron rod with cap set for the point of tangency; 2) S20°42'11"E, a distance of 436.23 feet to a 1/2 inch iron rod with cap set for an angle point in the westerly line hereof; THENCE, S24°17'06"W, along a right-of-way cutback at the intersection of future Oakmont Drive and Chandler Road, a distance of 35.36 feet to a 1/2 inch iron rod with cap set for the southeasterly corner hereof, being in the northerly right-of- way line of Chandler Road, from which a 1/2 inch iron rod found for the common southerly corner of said 74.590 acre tract and that certain 107.44 acre tract of land conveyed to NNP-Teravista LP by deedof record in Document No. 2001001639 of the Official Public Records of Williamson County, Texas bears N69°17'01"E, a distance of 1725.90 feet; THENCE, along the northerly line of Chandler Road, being the southerly and a portion of the westerly line of said 74.590 acre tract, for a portion of the southerly line hereof, the following two (2) courses and distances: 1) S69°17'01"W, a distance 613.18 of spindle found for an angle point; feet to a cotton gin 2) N20°43'37"W, a distance of 20.06 feet to a 1/2 inch iron rod found, being the southeasterly corner of said Lot 1; FN 05-083(CAG) FEBRUARY 5, 2005 Page 4 of 4 THENCE, S69°17'30"W, leaving the westerly line of said 74.590 acre tract, continuing along the northerly line of Chandler Road, being the southerly line of said Lot 1 for a portion of the southerly line hereof, a distance of 934.24 feet to the POINT OF BEGINNING, containing an area of 35.098 acres (1,528,877 sq. ft.) of land, more or less, within these metes and bounds. BEARING BASIS: REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE BASED ON PUBLISHED NAD 83/93 HARN VALUES FOR THE CITY OF GEORGETOWN MONUMENTATION NETWORK BURY+PARTNERS, INC. ENGINEERS -SURVEYORS 3345 BEE CAVE ROAD SUITE 200 AUSTIN, TEXAS 78746 JOHN BILNOSKI, R.P. NO. 4'-98 STATE OF TEXAS VICINITY MAP N.T.S. 4: M) 11411 ,Q. Cr UNE TABLE No. Bearing Distance 11 N22'52'19"W 330.08' 12 N20'43'21"W 2.86' L3 S80'00' 18"E 182.14' L4 S52'44'31 "E 153.59' L5 S74'43'22"E 33.11' 16 N8317'48"E 382,83' UNE TABLE No. Bearing Distance L7 S20'42'11 "E 436.23' L8 S24'17'06"W 35.36' L9 S69'17'01 "W 613.18' L10 N20'43'37"W 20.06' 111 N69'17'01 "E 1725.90 No. Delta Radius Arc Length Chord Length Chord Bearing C1 2018'17" 1095.90 388,37 386.34 N12'45'48"W C2 16'53'49" 1274.94 375.99 374.62 N74'20'15"E C3 60'13'28" 430.00 451.98 431.46 N09'23'23"E C4 26'45'31" 770,00 359.61 356.35 N26'07'22"E C5 2715'46" 260.25 123.83 122.67 S66'22'25"E C6 10'57'26" 2300.00 439.86 439.19 S1513'28"E C7 0013'23" 1095.90, 10.64 10.64 N0219'58"W 132.28 ACRES ANC -ROUND ROCK ASSETS 11, LP DOC. NO. 2001001 644 DEED L/NE DEED LLN£ <S (6 / / 107:44 ACRES r N1\11( -TE RAVISTA DOC. NO. /200 l nn 1 fi 3 9 / 1 / 1 I / / lam/ / C7 35.098 ACRES (1,528,877 SQ F1) L2 LOT 1 , BLOCK A FIRST LIMITED ADDITION CAR. 0, SLD. 22-23 SCOTT, SHERWOOD AND RRINDLEY FOUNDATION DOC. NO. 9700732 S69'17'30"W 934.24' CHANDLER ROAD L10 r COTTON SP/LADLE V W 74.590 ACRES SCOTT & WHITE MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDL r Y FOUNDATION DOC. NO. 9733254 )1 RECORDERS MEMORANDUM All or part of the text on this page was not clearly legible for satisfactory recordation. -J P.O.B. 0 150 300 fi00 SCALE: 1"-= 300' MCNEIL CONSUMER PRODUCTS CO. VOL. 657, PG. 659 C.) LEGEND 1/2" IRON ROD FOUND (UNLESS NOTED 1/2" IRON ROD SET WITH CAP CONCRETE MONUMENT FOUND OIP.0.8. POINT OF B GINNING i1 I L111 (R.O.W. VARIES) • PROVIDENT DEV. CO. O LOT 1 OAKMONT CENTRE SEC. 2 BARSHOP & OLES Bury+ Partners Consulting Engineers and Surveyors Auetiu,Texan Tel 512f328-0011 Fax 512/928-0925 Bury+P.rinen, Ina Copyright Y%4 DATE: 02/08/05 LOT 1 OAKMONT CENTRE SEC. 4 SKETCH TO ACCOMPANY DESCRIPTION OF 35.098 ACRES OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT N0, 212, SITUATED IN WILLIAMSON COUNTY, TEXAS BEING A PORTION OF THAT CERTAIN 74,590 ACRE TRACT OF LAND CONVEYED TO SCOTT AND WHITE MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND RRINDLEY FOUNDATION BY DEED OF RECORD IN DOCUMENT NO. 9733254 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AND A PORTION OF LOT 1, BLOCK A. FIRST LIMITED ADDITION, A SUBDIVISION OF RECORD IN CABINET 0, SLIDES 22-23 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS FILE: H: \392\37\39237EX7,dwg FN No.:05-083(CAG) DRAWN BY: CAG PROJ. No: 392-37 EXHIBIT C-2 METES AND BOUNDS DESCRIPTION OF PARCEL 2 5.148 ACRES SCOTT & WHITE TRACT BARSHOP & OLES DESCRIPTION FN NO. 05-075 (CAG) FEBRUARY 2, 2005 BPI JOB NO. 392-37 OF 5.148 ACRES OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, SITUATED IN WILLIAMSON COUNTY, TEXAS BEING A PORTION OF THAT CERTAIN 74.590 ACRE TRACT OF LAND CONVEYED TO SCOTT AND WHITE MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY FOUNDATION BY DEED OF RECORD IN DOCUMENT NO. 9733254 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 5.148 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY -METES AND BOUNDS AS FOLLOWS: COMMENCING at a 1/2 inch iron rod found in the easterly right-of- way line of Interstate Highway 35 (R.O.W. varies), being the southwesterly corner of that certain 132.28 acre tract of land conveyed to ANC -Round Rock Assets II, LP by deed of record in Document No. 2001001644 of the Official Public Records of Williamson County, Texas, same being the northwesterly corner of said 74.590 acre tract; THENCE, Highway being a distance POINT OF N69°15'57" 35, along portion of of 657.06 BEGINNING, E, leaving the easterly line of Interstate the southerly line of said 132.28 acre tract, the northerly line of said 74.590 acre tract a feet to a 1/2 inch iron rod with cap set for the being the northwesterly corner hereof; THENCE, N69°15'57"E, continuing along the southerly line of said 132.28 acre tract, being a portion of -the northerly line of said 74.590 acre tract, for the northerly line hereof, a distance of 844.33 feet to a 1/2 inch iron rod with cap set for the point of curvature of a non -tangent curve to the left, being in the westerly right-of-way line of future Oakmont Drive (100' R.O.W.), for the northeasterly corner hereof, from which a 1/2 inch iron rod with cap found in the northerly line of said 74.590 acre tract, being the common southerly corner of said 132.28 acre tract and that certain 107.44 acre tract of land conveyed to NNP-Teravista by deed of record in Document No. 2001001639 of said Official Public Records, bears N69°15'57"E, distance of 47.49 feet THENCE, leaving the southerly line of said 132.28 acre tract, over and across said 74.590 acre tract, along the westerly right-of-way line of future Oakmont Drive, along said non -tangent curve to the left having a radius of 2300.00 feet, a central angle of 11°26'01", an arc length of 458.98 feet, and a chord which bears SO4°01'44"E, a distance of 458.22 feet to a 1/2 inch iron rod with cap set for the southeasterly corner hereof; FN 05-075(CAG) FEBRUARY 2, 2005 PAGE 2 OF 2 THENCE, leaving the westerly right-of-way line of Future Oakmont Drive, continuing over and across said 74.590 acre tract along the southerly and westerly lines hereof, the following six (6) courses and distances: 1) S83°17'48"W, a distance of 382.83 feet to a 1/2 inch iron rod with cap set for an angle point; 2) N74°43'22"W, a distance of 33.11 feet to a 1/2 inch iron rod set for the southwesterly corner hereof; 3) N52°44'31"W, a distance of 153.59 feet to 1/2 inch iron rod with cap set for the point of curvature of a curve to the left; 4) Along said curve to the left having a radius of 260.25 feet, a central angle of 27°15'46", an arc length of 123.83 feet, and a chord which bears N66°22'25"W, a distance of 122.67 feet to a 1/2 inch iron rod with cap set for the point of tangency; 5) N80°00'18"W, a distance of 182.14 feet to a 1/2 inch iron rod with cap set for the point of curvature of a non -tangent curve to the left; Along said non -tangent curve to the left having a radius of 770.00 feet, a central angle of ,01°32'57", an arc length of 20.82 feet, and a chord which bears N11°58'08"E, a distance of 20.82 feet to the POINT OF BEGINNING containing an area of 5.148 acres (224,254 sq. ft.) of land, more or less, within these metes and bounds. BEARING BASIS: REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE BASED ON PUBLISHED NAD 83/93 HARN VALUES FOR THE CITY OF GEORGETOWN MONUMENTATION NETWORK. BURY & PARTNERS, INC. ENGINEERS -SURVEYORS JOHN T.BILNOSKI 3345 BEE CAVE ROAD, SUITE 200 R.P.L... NO. 4998 AUSTIN, TEXAS 78746 STATE OF TEXAS DATE VI CNITS. MAP M / No. Bearing Distance 11 S83'17'48"W 382.83' L2 N74'43'22"W 33,11' L3 N52'44'31"W 153.59' L4 N80'00'18"W 182.14' L5 N69'15'57"E 47.49' CU NM I 111111111111110 M I 0 150 300 600 SCALE: 1n= 300' No. Delta Radius Arc Length Chord Length Chord Bearing C1 11'26'01" 2300.00 458.98 458.22 SO4'01'44"E C2 27'15'46" 260.25 123.83 122.67 N66'22'25"W C3 01'32'57" 770.00 20.82 20.82 N11'58`08"E 132.28 ACRES ANC—ROUND ROCK ASSETS 11, LP DOC. NO. 2001001644 P.O.B. N6915'57"E 844.33' P.O.C. N6915'57"E 657.06' LOT 1 , BLOCK A FIRST LIMTE D ADDITION CAB. 0, SLD. 22-23 SCOTT, SHERWOOD AND BRINDLEY FOUNDATION DOC. NO. 9700732 C3 CHANDLER ROAD LEGEND 5.148 ACRES (224, 254 SQ. FT) l2 1 • 07.44 ACRES //NNP/ -TE RAVISTA /DOC. NO. ,1500 1 00 1 639 Li 74.590 ACRES SCOTT & WHITE MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY FOUNDATION DOC. NO. 9733254 • 1/2" IRON ROD FOUND (UNLESS NOTED) MCNEIL CONSUMER 1/2" IRON ROD SET WITH CAP PRODUCTS CO. POINT OF COMMENCEMENT VOL. 657, PG. 659 POINT OF BEGINNING LOT 1 OAKMONT CENTRE SEC. 2 pPROVIDENT Y DEV. CO. LOT 1 OAKMONT CENTRE SEC. 4 BARSHOP AND OLES 3 Bury+ Partners Consulting Engineers and,Surveyors Austin,Texae Tel 512/928-0011 Fax 512/328-0325 Aury+eartncn, lac. E!apytigpl 2064 SKETCH TO ACCOMPANY DESCRIPTION OF 5.148 ACRES OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT N0. 212, SITUATED IN WILLIAMSON COUNTY, TEXAS BEING A PORTION OF THAT CERTAIN 74,590 ACRE TRACT OF LAND CONVEYED TO SCOTT AND WHITE MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY FOUNDATION BY DEED OF RECORD IN DOCUMENT -N0. 9733254 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS DATE: 02/04/05 FILE: H: \392\37\39237EX13.dwg FN No.: 05— 075(CAG) DRAWN BY: CAG PROJ. No: 392-37 EXHIBIT C-3 METES AND BOUNDS DESCRIPTION OF PARCEL 3 6.769 ACRES SCOTT & WHITE TRACT BARSHOP & OLES DESCRIPTION FN NO. 05-074 (CAG) FEBRUARY 2, 2005 BPI JOB NO. 392-37 OF 6.769 ACRES OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, SITUATED IN WILLIAMSON COUNTY, TEXAS BEING A PORTION OF THAT CERTAIN 74.590 ACRE TRACT OF LAND CONVEYED TO SCOTT AND WHITE MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY FOUNDATION BY DEED OF RECORD IN DOCUMENT NO. 9733254 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; AND A PORTION OF LOT 1, BLOCK A, FIRST LIMITED ADDITION, A SUBDIVISION OF RECORD IN CABINET 0, SLIDES 22-23 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 6.769 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND .BOUNDS AS FOLLOWS: BEGINNING, at a 1/2 inch iron rod found in the easterly right-of- way line of Interstate Highway 35 (R.O.W. varies), being the southwesterly corner of that certain 132.28 acre tract of land conveyed to ANC -Round Rock Assets II, LP by deed of record in Document No. 2001001644 of the Official Public Records of Williamson County, Texas, same being the northwesterly corner of said 74.590 acre tract and hereof; THENCE, N69°15'57"E, leaving the easterly line of Interstate Highway 35, along the southerly line of said 132.28 acre tract, being a portion of the northerly line of said 74.590 acre tract, for the .northerly line hereof, a distance of 657.06 to a 1/2 inch iron rod with cap set for the point of curvature of a non -tangent curve to the right, being the northeasterly corner hereof, from which a 1/2 inch iron rod with cap found in the northerly line of said 74.590 acre tract, being the common southerly corner of said 132.28 acre tract and that certain 107.44 acre tract of land conveyed to NNP-Teravista by deed of record in Document No. 2001001639 of said Official Public Records, bears N69°15'57"E, distance of 891.82 feet THENCE, leaving the southerly line of said 132.28 acre tract, over and across said 74.590 acre tract and over and across said Lot 1, along the irregular southerly line hereof, the following four (4) courses and distances: 1) Along said non -tangent curve to the right having a radius of 770.00 feet, a central angle of 28°18'28", an arc length of 380.43 feet, and a chord which bears S25°20'53"W, a distance of 376.57 feet to a 1/2 inch iron rod with cap set for the point of curvature of a reverse curve to the left; 2) Along said reverse curve to the left having a radius of 430.00 feet, a central angle of 60°13'28", an arc length of 451.98 feet, and a chord which bears S09°23'23"W, a distance of 431.46 feet to a 1/2 inch iron rod with cap set for the point of tangency; FN Q5-074(CAG) FEBRUARY 2, 2005 PAGE 2 OF 2 3) S20 °43' 21"E, a distance of 2.86 feet to a 1/2 inch iron rod with cap set for the point of curvature of a non -tangent curve to the right; 4) Along said non -tangent curve to the right having a radius of 1274.94 feet, a central angle of 16°53'49', an arc length of 375.99 feet and a chord which bears S74°20'15"W, a distance of 374.62 feet to a 1/2 inch iron rod with cap set in the curving easterly right-of-way line of Interstate Highway 35 for the point of curvature of a non -tangent curve to the right, from which a concrete highway monumentfound in the easterly right-of-way line of Interstate Highway 35 bears with the arc of a curve S12°45'48"E, a chord distance of 386.34 feet; THENCE, along the easterly line of Interstate Highway 35, being the westerly line of said Lot 1 and a portion of the westerly line of said 74.590 acre tract, for the westerly line hereof, the following two (2) courses and distances: 1) Along said curve to the feet, a central angle of feet, and a chord which 10.64 feet to a concrete of said curve; right having a radius of 1095.90 00°33'23", an arc length of 10.64 bears NO2°19'58"W, a distance of highway monument found for the end 2) NO2°04'48"W, a distance of 626.96 feet to the POINT OF BEGINNING containing an area of 6.769 acres (294,844 sq. ft.) of land, more or less, within these metes and bounds. BEARING BASIS: REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE BASED ON PUBLISHED NAD 83/93 HARN VALUES FOR THE CITY OF GEORGETOWN MONUMENTATION NETWORK. BURY & PARTNERS, INC. ENGINEERS -SURVEYORS 3345 BEE CAVE ROAD, SUITE 200 AUSTIN, TEXAS 78746 JOHN T. r:ILNOSKI R.P.L.S. NO. 4998 STATE OF TEXAS ATE LINE TABLE No. Bearing Distance 11 N69'15'57"E 657.06' L2 S20`43'21"E 2.86' L3 NO2'04'48"W 626.96' E — MINIM o 150 300 600 SCALE: 1"= 300' CURVE TABLE No. Delta Radius Arc Length Chord Length Chord Bearing C1 28'18'28" 770,00 380.43 376.57 S25'20'53"W C2 6013'28" 430.00 451.98 431,46 S09'23'23"W C3 16'53'49" 1274.94 375.99 374.62 S74'20'15"W C4 00'33'23" 1095.90 10.64 10.64 N0219'58"W C5 2018'17" 1095.90 388.37 386.34 S12'45'48"E VICINITY MAP N.T.S. 132,28 ACRES ANC—ROUND ROCK ASSETS 11, LP DOC. NO. 2001001644 P.O.B. L1 N69'15'57"E 891.82' 6.769 ACRES (294, 844 50. FT.) RECORDERS MEMORANDUM // / ARor parts of the text on this page was nit 1 c' early legible for satisfactory recordation. / / 07.44 ACRES /NN F/-TERAVISTA /DOC. NO. / • 1E001001639 / J C3 L2 LOT 1, BLOCK A FIRST LIMITED ADDITION CAB. 0, SLD. 22-23 74.590 ACRES SCOTT & WHITE MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY FOUNDATION DOC. NO. 9733254 SCOTT, SHERWOOD AND BRINDLEY FOUNDATION DOC. NO. 9700732 CHANDLER ROAD ' LEGEND • 1/2" IRON ROD FOUND (UNLESS NOTED) MCNEIL CONSUMER O 1/2" IRON ROD SET WITH CAP PRODUCTS CO. MONUMENT FOUND VOL. 657, PG. 659 POINT OF BEGINNING P,0.8, BARSHOP AND OLES 1) Bury+ Partners Consulting Engineers and Surveyors AuaUn.Texaa Tel 512/928-0011 Fax 512/928-0925 Buryrpartnera. Inc. sCopjrkpt 2004 DATE: 02/04/05 LOT 1 OAKMONT CENTRE SEC. 2 pPROVIDEM 2 DEV. CO. LOT 1 OAKMONT CENTRE SEC. 4 SKETCH TO ACCOMPANY DESCRIPTION OF 6.769 ACRES OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO, 212. SITUATED IN WILLIAMSON COUNTY. TEXAS BEING A PORTION OF THAT CERTAIN 74,590 ACRE TRACT OF LAND CONVEYED TO SCOTT AND WHITE MEMORIAL HOSPITAL AND .SCOTT, SHERWOOD AND BRINDLEY FOUNDATION BY DEED OF RECORD IN DOCUMENT NO. 9733254 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; AND A PORTION OF LOT 1. BLOCK A, FIRST LIMITED ADDITION, A SUBDIVISION OF RECORD IN CABINET 0, SLIDES 22-23 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS FILE: H: \392\37\39237EX14,dwg FN No.: 05 - 074(CAG) DRAWN BY: CAG I PROJ, No: 392-37 EXHIBIT C-4 METES AND BOUNDS DESCRIPTION OF OAKMONT DRIVE 3.139 ACRES SCOTT & WHITE TRACT BARSHOP & OLES DESCRIPTION FN. NO. 05-102(CAG) FEBRUARY 9, 2005 BPI JOB NO. 392-37 OF A 3.139 ACRE TRACT OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, SITUATED IN WILLIAMSON COUNTY, TEXAS BEING A PORTION OF THAT CERTAIN 74.590 ACRE TRACT OF LAND CONVEYED TO SCOTT & WHITE MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY FOUNDATION BY DEED OF RECORD IN DOCUMENT NO. 9733254 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 3.139 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a cotton gin spindle found in the northerly right- of-way line of Chandler Road (R.O.W. varies), being the southwesterly corner of said 74.590 acre tract, from which a 1/2 inch iron rod found in the northerly right-of-way line of Chandler Road, being the southeasterly corner of Lot 1, Block A First Limited Addition, a subdivision of record in Cabinet o, Slides 22-23 bears N20°43'37"W, a distance of 20.06 feet; THENCE, N69°17'01"E, along the northerly right-of-way line of Chandler Road, being a portion of the southerly line of said 74.590 acre tract, a distance of 613.18. feet to a 1/2 inch iron rod with cap set for the POINT OF BEGINNING and the southwesterly corner hereof; THENCE, leaving the northerly right-of-way line of Chandler Road, over and across said 74:590 acre tract, for the westerly line hereof, the following three (3) courses and distances: 1) N24°17'06"E, a distance of 35.36 feet to a 1/2 inch iron rod with cap set for an angle point; 2) N20°42'11"W, a distance of 436.23 feet to a 7./2 inch iron rod with cap set for the point of curvature of a curve to the right; 3) Along said curve to the right, having a radius of 2300.00 feet, a central angle of 22°23'28", an arc length of 898.83 feet, and a chord which bears N09°30'28"W, a distance of 893.12 feet to a 1/2 inch iron rod with cap set for the northwesterly corner hereof, being in the northerly line of said 74.590 acre tract, same being in the southerly line of that certain 132.28 acre tract of land conveyed to ANC - Round Rock Assets II, LP by deed of record in Document No. 2001001644 of the Official Public Records of Williamson County, Texas; FN 05-102(CAG) FEBRUARY 9, 2005 Page 2 of 2 THENCE, N69°15'57"E, along a portion of the northerly line of said 74.590 acre tract, being in part a portion of the southerly line of said 132.28 acre tract and in part a portion of the westerly line of that certain 107.44 acre tract of land conveyed to NNP-Teravista LP by deed of record in Document No. 2001001639 of said Official Public Records for the northerly line hereof, passing at a distance of 47.49 feet a 1/2 inch iron rod found for the southeasterly corner of said 132.28 acre tract, same being an angle point in the westerly line of said 107.44 acre tract, and continuing for a total distance of 108.60 feet to a 1/2 inch iron rod with cap set for the northeasterly corner hereof, being the point of curvature of a non -tangent curve to the left; THENCE, leaving the westerly line of said 107.44 acre tract, over and across said 74.590 acre tract, for the easterly line hereof, the following three (3) courses and distances; 1) Along said non -tangent curve to the left, having a radius of 2200.00 feet, a central angle of 23°28'12", an arc length of 901.18 feet, and a chord which bears S08°58'06"E, a distance of 894.89 feet to a 1/2 inch iron rod with cap set for the point of tangency; 2) S20°42'11"E, a distance of 436.20 feet to a 1/2 inch iron rod with cap set for an angle point; 3) S65°42'54"E, a distance of 35.35 feet to a 1/2 inch iron rod with cap set for the southeasterly corner hereof, being in the northerly right-of-way line of Chandler Road, from which a 1/2 inch iron rod found for the common southerly corner of said 74.590 acre tract and said 107.44 acre tract bears N69°17'01"E, a distance of 1575.90 feet; THENCE, S69°17'01"W, along the northerly line of Chandler Road, being a portion of the southerly line of said 74.590 acre tract, for the southerly line hereof, a distance of 150.00 feet to the POINT OF BEGINNING, containing an area of 3.139 acres (136,744 sq. ft.) of land, more or less, within these metes and bounds. BEARING BASIS: REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE BASED ON PUBLISHED NAD 83/93 HARN VALUES FOR THE CITY OF GEORGETOWN MONUMENTATION NETWORK BURY+PARTNERS, INC. ENGINEERS -SURVEYORS JOHN T. BILNOSKI, R.P.L.S. 3345 BEE CAVE ROAD NO. 998 SUITE 200 STAT.. OF TEXAS AUSTIN, TEXAS 78746 VICINITY MAP N. T. S. UNE TABLE No. 8eorinq Distonce L1 N24'17 06"E 35.36' L2 N20'42'11 "W 436.23' L3 N69'15'57"E 108.60' L4 S20'42'11 "E 436.20' 15 S65'42'54"E 35.35' L6 S69'17'01 "W 150.00' 17 N20'43'37"W 20.06' 18 N69'17'01"E 613.18 L9 N69'17'01 "E 1575.90 MN M IIIIIIIIIIIIII — 1M 11111111111101111 0 150 300 600 SCALE: 1"= 300' CURVE TABLE No. Delta Radius Arc Length Chord Length Chord Bearing C1 22'23'28" 2300.00 898.83 893.12 N09'30'28"W C2 23'28'12" 2200.00 901.18 894.89 SO8'58'06 "E 132.28 ACRES ANC -ROUND ROCK ASSETS 11, LP DOC. NO. 2001001644 DEED LINE LOT 1, BLOCK A FIRST LIMITED ADDITION CAB. 0, SLD. 22-23 SCOTT, SHERWOOD AND BRINDLEY FOUNDATION DOC. NO. 9700732 V W O DEED LINE 3.139 ACRES (136, 744 SQ. FT) 74.590 ACRES SCOTT & WHITE MEMORIAL HOSPITAL AND SCOTT, SHERW00D AND BRINDLEY FOUNDATION DOC. NO. 9733254 18 P.O.B. CHANDLER ROAD (R.o.w. VARIES) COTTON SPINDLE LEGEND • 1/2" IRON ROD FOUND (UNLESS NOTED) O 1/2" IRON ROD SET WITH CAP P.O.C. POINT OF COMMENCEMENT P.O,B, POINT OF BEGINNING 47.49' 107.44 ACRES NNP-TERAVISTA DOC. NO. 2001001839 1. 19 CO )- 10 co U> Q IY v t•-.a_ z z MCNEIL CONSUMER PRODUCTS CO. VOL. 657, PG. 659 LOT 1 OAKMONT CENTRE SEC. 2 L6 !E- a PROVIDENT DEV. CO. LOT 1 OAKMONT CENTRE SEC. 4 BARSHOP & OLES bBury+ Partners Consulting Engineers and Surveyors Aaetin,Texaa Tel 512/328-0011 Fax 512/528-0525 8ur}tParinera, kw. •Ciwtj t 2804 SKETCH TO ACCOMPANY DESCRIPTION OF 3,139 ACRES OF' LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO, 212, SITUATED IN WILLIAMSON COUNTY, TEXAS BEING A PORTION OF THAT CERTAIN 74.590 ACRE TRACT OF LAND CONVEYED TO SCOTT AND WHITE MEMORIAL HOSPITAL AND SCOTT, SHERW00D AND BRINDLEY FOUNDATION BY DEED OF RECORD IN DOCUMENT NO. 9733254 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS DATE: 02/09/05 FILE: H: \392\37\39237EX12.dwg FN No.: D5-102(CAG) IDRAWN 8Y: CAG PROJ. No: 392-37 EXHIBIT D-1 USES AND DEVELOPMENT STANDARDS FOR PARCEL 1 In accordance with Section 11.314 of the Round Rock Zoning Ordinance, the following use regulations, design standards and development standards shall apply to all development on the portion of the Property identified as Parcel 1 on the Parcel Map, attached to this ordinance as Exhibit "C", and further described by metes and bounds in Exhibit "C-1". Unless otherwise defined, all terms used shall correspond to the definitions in the City of Round Rock Code of Ordinances. 1. PERMITTED USES The following principal uses are permitted: • Grocery Stores (within a structure containing at least 125,000 square feet) • Retail Sales and Services provided Retail Services shall be limited to the following: o Florist o Cleaners (drop-off and pick-up only) o Hair Salon o Alteration Shop (Tailor) o Copy Business Center o Dental Service* o Shoe Repair* o Real Estate Office* o Day Spa* o Travel Agency* o Dance Studio* o Private Postal Service* o Jewelry Repair* o Weight Loss Center* o Dental Service* o Chiropractor* o Educational Learning Center* o Stocks and Bonds Brokers* o Mortgage Companies* o Insurance Agents* * The aggregate square footage of the services marked with an asterisk operating on Parcel 1 at any time shall not exceed 10,000 square feet and shall only be permitted in a building facing Chandler Road, or Oakmont Drive. • Bank (including off-site cash machines). This includes banks, savings and loans, and credit unions. • Indoor Entertainment Activities (provided such activities shall be limited to an operation which includes both a mix of entertainment activities and food and beverage service). • Eating Establishments, excluding drive through services (except that a "to go" window shall be permitted for a sit down restaurant) • Drive through services for a bank or pharmacy • Outdoor Entertainment (this use shall be limited only to an outdoor music venue) • Theater/Cinema • Bars/Pubs/Taverns, which is the use of a site for the retail sale of alcoholic beverages for consumption on premises • Hotel • Conference Center • Fire or Police Station • Visitor Center, which is the use of a site for the provision of information to the public regarding a development, project, or the surrounding community, as well as related activities, events, programs and tourist locations. • Wireless Transmission Facility, Stealth • Wireless Transmission Facility, Attached • Park, Private • Park, Linear/ Linkage • Park, Community • Park, Neighborhood • Park, Regional/Metropolitan 2. PROHIBITED USES The following uses are prohibited: • Gasoline & fuel sales • Automotive & machinery repair • Automotive & machinery services • Automotive parts • Automotive sales • Automotive rental Automotive & machinery washes • Wrecking yards • Sale of used goods (except antiques and estate sales) • Sexually oriented businesses • Trucking terminals • Truck service or repair • Truck stops • Bulk distribution centers • Mini warehouses • Flea markets • Portable building sales • Manufactured home sales • Boat sales • Camper sales • Industrial building sales • Amusement parks or carnivals • Campgrounds • Shooting ranges • Kennels • Video arcades (as a primary use) • Billiard parlors & pool halls (as a primary use) • Tattoo parlors • Donation centers • Recycling centers • Wholesale nurseries • Recreational vehicle parks • Pawn shops • Heavy equipment sales • Wireless Transmission Facility, Self -Standing 3. SPECIAL EXCEPTIONS All other uses that are not specifically addressed in this ordinance will require a special exception, in accordance with the City of Round Rock Code of Ordinances. 4. DESIGN STANDARDS 4.1 Prohibited Materials The following materials are prohibited on the exterior walls and roofs of all buildings and structures. • Asbestos • Mirrored Glass (reflectivity of 20% or more) • Corrugated metal (except for trim or minor decorative features approved by the Director of Planning) • Unfinished sheet metal (except for trim or minor decorative features approved by the Director of Planning) 4.2 Requirements Except as modified by this ordinance, the project shall comply with the C-1 Design Standards specified in Section 11.409(4) of the Round Rock Zoning Ordinance. Buildings and structures in Parcel 1 shall incorporate similar and compatible architectural styles currently planned for buildings and structures in Parcel 1 of PUD 60 (Round Rock Premium Outlet Mall) as generally depicted on Exhibit "G" attached hereto, utilizing similar building materials, colors and designs. Emphasis shall also be placed on human scale design and pedestrian connectivity between buildings, utilizing shaded pedestrian walkways, public plazas, landscaping and other public amenities. Building elevations demonstrating compliance with the requirements of this section shall be submitted with the Preliminary Site Plan for City review and approval; such approval not to be unreasonably withheld. 4.3 Wet Pond The detention/retention pond to be located at the Southwest corner of Parcel 1 (the corner of I-35 and Chandler Road) shall be designed and constructed as a "Wet Pond" water feature (i.e., a constant body of water with natural shape combining storm water detention and filtration functions, as required, with water retention). Aquatic plantings shall be installed around the perimeter of the. pond for biological filtration of the storm water. A fountain feature shall also be included in the pond for water aeration. EXHIBIT D-2 USES AND DEVELOPMENT STANDARDS FOR PARCEL 2 In accordance with Section 11.314 of the Round Rock Zoning Ordinance, the following use regulations, design standards and development standards shall apply to all development on the portion of the Property identified as Parcel 2 on the Parcel Map, attached to this ordinance as Exhibit "C", and further described by metes and bounds in Exhibit "C-2". Unless otherwise defined, all terms used shall correspond to the definitions in the City of Round Rock Code of Ordinances. 1. PERMITTED USES The following principal uses are permitted: • Theater/Cinema • Retail Sales • Retail Services, which shall be limited to the following: o Florist o Cleaners (drop-off and pick-up only) o Hair Salon o Alteration Shop (Tailor) o Copy Business Center o Athletic or health club • Eating Establishments • Bars/Pubs/Taverns, which is the use of a site for the retail sale of alcoholic beverages for consumption on premises • Drive through services • Bank or Financial. Services, which is the use of a site for the provision of financial and banking services. This includes banks, stocks and bonds brokers, loan and lending activities, off-site cash machines, and other similar services. • Visitor Center, which is the use of a site for the provision of information to the public regarding a development, project, or the surrounding community, as well as related activities, events, programs and tourist locations. • Park, Private • Park, Linear/ Linkage • Park, Community • Park, Neighborhood • Park, Regional/ Metropolitan 2. PROHIBITED USES The following uses are prohibited: • Grocery stores • Gasoline & fuel sales • Automotive & machinery repair • Automotive & machinery services • Automotive parts • Automotive sales • Automotive rental • Automotive & machinery washes • Wrecking yards • Sale of used goods • Sexually oriented businesses • Trucking terminals • Truck service or repair • Truck stops • Bulk distribution centers • Mini warehouses • Flea markets • Portable building sales • Manufactured home sales • Boat sales • Camper sales • Industrial building sales • Amusement parks or carnivals • Campgrounds • Shooting ranges • Kennels • Video arcades (as a primary use) • Billiard parlors & pool halls (as a primary use) • Tattoo parlors • Donation centers • Recycling centers • Wholesale nurseries • Recreational vehicle parks • Pawn shops • Heavy equipment sales • Wireless Transmission Facility, Self -Standing 3. REMAINING USES All other uses that are not specifically addressed in this ordinance will require an amendment in accordance with Section 13 of this Agreement. 4. DESIGN STANDARDS 4.1 Prohibited Materials The following materials are prohibited on the exterior walls and roofs of all buildings and structures. • Asbestos • Mirrored Glass (reflectivity of 20% or more) • Corrugated metal (except for trim or minor decorative features approved by the Director of Planning) • Unfinished sheet metal (except for trim or minor decorative features approved by the Director of Planning) 4.2 Requirements Except as modified by this ordinance, the project shall comply with the Design Standards specified in Section 11.409(4) of the Round Rock Zoning Ordinance. Buildings and structures in Parcel 2 other than a theater/cinema shall incorporate similar and compatible architectural styles with buildings and structures in Parcel 1, utilizing similar building materials, colors and designs. Emphasis shall also be placed on human scale design and pedestrian connectivity between buildings, utilizing shaded pedestrian walkways, public plazas, landscaping and other public amenities. The Design Standards for a theater/cinema use shall generally be in accordance with the attached Exhibit "I". Building elevations demonstrating compliance with the requirements of this section shall be submitted with the Preliminary Site Plan for City review and approval. These elevations shall be reviewed and approved by Owner prior to submittal and shall include a signature block indicating such review and approval. EXHIBIT D-3 USES AND DEVELOPMENT STANDARDS FOR PARCEL 3 In accordance with Section 11.314 of the Round Rock Zoning Ordinance, the following use regulations, design standards and development standards shall apply to all development on the portion of the Property identified as Parcel 3 on the Parcel Map, attached to this ordinance as Exhibit "C", and further described by metes and bounds in Exhibit "C-3". Unless otherwise defined, all terms used shall correspond to the definitions in the City of Round Rock Code of Ordinances. 1. PERMITTED USES Parcel 3 shall be developed as pad sites consisting of any the following uses: • Eating Establishments without drive-through services • Bars/Pubs/Taverns, which is the use of a site for the retail sale of alcoholic beverages for consumption on premises • Retail Sales • Retail Services, which shall be limited to the following: o Florist o Cleaners (drop-off and pick-up only) o Hair Salon o Alteration Shop (Tailor) o Copy Business Center o Athletic or health club • Off-site cash machines • Hotels • Visitor Center, which is the use of a site for the provision of information to the public regarding a development, project, or the surrounding community, as well as related activities, events, programs and tourist locations. • Park, Private • Park, Linear/ Linkage • Park, Community • Park, Neighborhood Park, Regional/Metropolitan 2. PROHIBITED USES The following uses are prohibited: • Grocery stores • Gasoline & fuel sales • Automotive & machinery repair • Automotive & machinery services • Automotive parts • Automotive sales • Automotive rental • Automotive & machinery washes • Wrecking yards • Sale of used goods • Sexually oriented businesses • Trucking terminals • Truck service or repair • Truck stops • Bulk distribution centers • Mini warehouses • Flea markets • Portable building sales • Manufactured home sales • Boat sales • Camper sales • Industrial building sales • Amusement parks or carnivals • Campgrounds • Shooting ranges • Kennels • Video arcades (as a primary use) • Billiard parlors & pool halls (as a primary use) • Tattoo parlors • Donation centers • Recycling centers • Wholesale nurseries • Recreational vehicle parks • Pawn shops • Heavy equipment sales • Wireless Transmission Facility, Self -Standing 3. REMAINING USES All other uses that are not specifically addressed in this ordinance will require an amendment in accordance with Section 13 of this Agreement. 4. DESIGN STANDARDS 4.1 Prohibited Materials The following materials are prohibited on the exterior walls and roofs of all buildings and structures. • Asbestos • Mirrored Glass (reflectivity of 20% or more) • Corrugated metal (except for trim or minor decorative features approved by the Director of Planning) • Unfinished sheet metal (except for trim or minor decorative features approved by the Director of Planning) 4.2 Requirements Except as modified by this ordinance, the project shall comply with the Design Standards specified in Section 11.409(4) of the Round Rock Zoning Ordinance. Buildings and structures in Parcel 3 shall incorporate similar and compatible architectural styles with buildings and structures in Parcel 1, utilizing similar building materials, colors and designs. Emphasis shall also be placed on human scale design and pedestrian connectivity between buildings, utilizing shaded pedestrian walkways, public plazas, landscaping and other public amenities. Building elevations demonstrating compliance with the requirements of this section shall be submitted with the Preliminary Site Plan for City review and approval. These elevations shall be reviewed and approved by Owner prior to submittal and shall include a signature block indicating such review and approval. EXHIBIT E RESERVED EXHIBIT F-1 STREETSCAPE (PLAN VIEW) Screening throbs Parking —� Streetside Planting Area Shrub & Groundcover Planting Area Small, ornamental tree; 31100' ong median, tYP. Large, shade tree; 21100' along exterior of property along Oakmont Drive. � 7 a., 0 eV L] t— .0 o W O K Co)U s. 2 1.4 1: 4 chi 01-4 egs Small, ornamental tree; 31100' along exterior of property along Oakmont Drive. PARTN ERS 901 Sita uupM. end& 2. Sdte 350. AiGa Tens 7874 1a51230.1011 9x512.3327111118 tANOStAPE ICHItECTOAE arri PLANNING CHANDLER /1-35 RETAIL EXHIBIT F-1 Streetscape (Pian View) (o• 1m• 1zo• MARCH CM Sri=mnimal. s based on RIF best mbranm aras1 ane is subject rolope w,thout nMire EXHIBIT F-2 STREETSCAPE (PROFILE VIEW Landscape improvements, per P 9 LL V EXHIBIT G ARCHITECTURE RECORDERS MEMORANDUM MI or parts of the text on this page was nat clearly legible for satisfactory recordation. IEW AT .AIAIN ENTRY VIEW MAI PARKINI3 1H-36 NE RECORDERS MEMORANDUM AB or parts of the text on this page was not clearly legible for satisfactory recordation, 0 j Cd z Architecture (2 of 2) EXHIBIT G: EXHIBIT H RIGHT-OF-WAY AND EASEMENT LOCATIONS 15 4 Q Z 3 -v " Icrlv O y rg 03 co, v o w'+ w a, rt3 A to O 113 EXHIBIT H EXHIBIT I THEATEE/CINEMA DESIGN AND SIGNAGE 50'YD'CO RECORDERS MEMORANDUM All or part of the text on this page was not clearly legible for satisfactory recordation. EXHIBIT I: THEATER/CINEMA DESIGN AND SIGNAGE ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY Mayor Nyle Maxwell Mayor Pro -tem Alan McGraw Council Members Tom Nielson Joe Clifford Scot Knight Scott Rhode Gary Coe City Manager James R. Nose, P.E. City Attorney Stephan L. Sheets June 3, 2005 Mr. Milo Burdette Vice President of Development Barshop & Oles Company 801 Congress Ave., Suite 300 Austin, TX 78701 RE: Administrative Amendment to PUD 59, uses and design standards Dear Mr. Burdette: As we discussed, due to a clerical error, Parcels 2 and 3 of PUD 59 ("the Barshop PUD") do not match Parcels 2 and 3 of PUD 60 ("the Simon PUD"). The intent of all involved parties (the City, Barshop & Oles and Simon/Chelsea Property Group) has been to ensure that the uses and development standards outlined for Parcels 2 and 3 in the Barshop PUD mirror the uses and development standards outlined for Parcels 2 and 3 in the Simon PUD. This intent has also been publicly presented to both the Planning and Zoning Commission and the City Council. In order to correct the oversight and ensure consistency between the two PUD's, I have made the following administrative amendment as provided for by section 13.1 of the Development Plan contained in PUD 59: 1. In Exhibit D-3, Uses and Development Standards for Parcel 3, under "Permitted Uses", "Retail Sales and Services" has been replaced with the following: • Retail Sales • Retail Services, which shall be limited to the following: o Florist o Cleaners (drop-off and pick-up only) o Hair Salon o Alteration Shop (Tailor) o Copy Business Center o Athletic or health club 2. In Exhibit D-2, Uses and Development Standards for Parcel 2, under CITY OF ROUND ROCK PLANNING AND COMMUNITY DEVELOPMENT 301 W. Bagdad, Suite 210 • Round Rock, Texas 78664 Phone: 512.2t8.5428 • Fax: 512.218.3286 • www.ci.round-rock.tx.us "Permitted Uses", "Retail Sales and Services" has been replaced with the following: • Retail Sales • Retail Services, which shall be limited to the following: o Florist o Cleaners (drop-off and pick-up only) o Hair Salon o Alteration Shop (Tailor) o Copy Business Center o Athletic or health club 3. In Exhibit D-2, Uses and Development Standards for Parcel 2, under "Design Standards", the following line has been added: The Design Standards for a theater/cinema use shall generally be in accordance with the attached Exhibit "I". 4. Exhibit "I", attached to this document, has been included in the PUD. With these changes, the only remaining differences between Parcels 2 and 3 of the Barshop PUD and Parcels 2 and 3 of the Simon PUD will be (1) the allowance for outdoor entertainment in the "community plaza" provided for in the Simon PUD but not the Barshop PUD (the "community plaza" is located only in the Simon PUD), and (2) the allowance for hotels provided for in the Barshop PUD but not in the Simon PUD (the proposed hotel site is located only in the Barshop PUD). Because the Barshop PUD approved by the Round Rock City Council on May 26, 2005, did not include the owner's signature (due to the timing of the land transactions), the changes referenced above will be incorporated into the final version that is signed and recorded subsequent to the purchase of the property by Chandler IH 35 Retail, Ltd. The Mayor will re-sign the ordinance with full knowledge of these changes. Sincerely, Stendebach, AICP 'rector ofPlanning Daniel L. Halden, P.E. City Engineer 2. Charles Crossild City Attorney THE STATE OF TEXAS COUNTY OF WILLIAMSON § BEFORE ME, the undersigned authority, on this day personally appeared Jim Stendebach, known to me to be the person whose name is subscribed to the foregoing instrument as the Director of Planning of the City of Round Rock, Texas, a municipal corporation, and he acknowledged to me that he executed the same for the purposes and considerations therein expressed, in the capacity therein stated. I y� }IVENINDyl (rIMY HAND AND SEAL OF OFFICE, this the 11 `v day of • s P� T9 TFC THE` ui Fl,XAS § ` �I!F!4!titi!!\ COUNTY OF WILLIAMSON § Public Signature State of Texas BEFORE ME, the undersigned authority, on this day personally appeared Daniel L. Halden, known to me to be the person whose name is subscribed to the foregoing instrument as the City Engineer of the City of Round Rock, Texas, a municipal corporation, and he acknowledged to me that he executed the same for the purposes and considerations therein expressed, in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 64 day of 111 0 11'M hlC1tt11NP MIANNE A. HALEY Notary Public, State of Texas My Commission Expires December 23, 2007 Lir /. Agri , /�✓ Notary Pus lic Si • ture State of Texas THE STA I OF TEXAS § COUNTY OF WILLIAMSON § BEFORE ME, the undersigned authority, on this day personally appeared Charles Crossfield, known to me to be the person whose name is subscribed to the foregoing instrument as City Attorney of the City of Round Rock, Texas, a municipal corporation, and he acknowledged to me that he executed the same for the purposes and considerations therein expressed, in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 1 day of \j vie. ,2005. KATHY GREEN MY COMMISSION EXPIRES July 26, 2007 3. otary ublic Signature State of Texas AGREED TO BY OWNER: CHANDLER IH 35 RETAIL, LTD., a Texas limited partnership By: B&O Development G.P., L.L.C., a Texas limited liability company, its general partner By: C. Patrick Oles, Jr., President THE STATE OF TEXAS § COUNTY OF TRAVIS § BEFORE ME, the undersigned authority, on this day personally appeared C. Patrick Oles, known to me to be the person whose name is subscribed to the foregoing instrument as President of B&O Development G.P., L.L.C., a Texas limited liability company, and he acknowledged to me that he executed the same for the purposes and considerations therein expressed, in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of �Lt4`Q , 2005. ;�► `°e4.. Heather Birdsell ' ' �' _n,`' =Notary Public, State of Texas i 7 �� * . t ; .,;; My Commission Expires `! JULY 02, 2005 4. L., -'-L dJ; rdrta Notary Public Signature State of Texas SO'80'2O ELEVATIONS RECORDERS MEMORANDUM All or part of the text on this page was not clearly legible for satisfactory recordation. EXHIBIT I: THEATER/CINEMA DESIGN AND SIGNAGE FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2005046057 LL. 06620/2005 08:44 AM MARY $274.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS ea -s6 re_cp ro - refu.r i CVl n`sI i n 2, f ccr-41f n e z, CITY OF ROUNDROOK ADMINISTRATION l EAST MAIN STREET ROUND ROOK. TEXAS 7860 ADMINISTRATIVE AMENDMENT TO PUD# 59 ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. Mayor Nyle Maxwell Mayor Pro -tem Alan McGraw Council Members Tom Nielson Joe Clifford Scot Knight Scott Rhode Gary Coe City Manager James R. Nuse, P.E. City Attorney Stephan L. Sheets June 3, 2005 Mr. Milo Burdette Vice President of Development Barshop & Oles Company 801 Congress Ave., Suite 300 Austin, TX 78701 ::s111111111111111311111113 RE: Administrative Amendment to PUD 59, uses and design standards Dear Mr. Burdette: 2005043038 As we discussed, due to a clerical error, Parcels 2 and 3 of PUD 59 ("the Barshop PUD") do not match Parcels 2 and 3 of PUD 60 ("the Simon PUD"). The intent of all involved parties (the City, Barshop & Oles and Simon/Chelsea Property Group) has been to ensure that the uses and development standards outlined for Parcels 2 and 3 in the Barshop PUD mirror the uses and development standards outlined for Parcels 2 and 3 in the Simon PUD. This intent has also been publicly presented to both the Planning and Zoning Commission and the City Council. In order to correct the oversight and ensure consistency between the two PUD's, I have made the following administrative amendment as provided for by section 13.1 of the Development Plan contained in PUD 59: 1. In Exhibit D-3, Uses and Development Standards for Parcel 3, under "Permitted Uses", "Retail Sales and Services" has been replaced with the following: • Retail Sales • Retail Services, which shall be limited to the following: o Florist o Cleaners (drop-off and pick-up only) o Hair Salon o Alteration Shop (Tailor) o Copy Business Center o Athletic or health club 2. In Exhibit D-2, Uses and Development Standards for Parcel 2, under CITY OF ROUND ROCK PLANNING AND COMMUNITY DEVELOPMENT 301 W. Bagdad, Suite 210 • Round Rock, Texas 78664 Phone: 512.218.5428 • Fax: 512.218.3286 • www.ci.round-rock.tx.us "Permitted Uses", "Retail Sales and Services" has been replaced with the following: • Retail Sales • Retail Services, which shall be limited to the following: o Florist o Cleaners (drop-off and pick-up only) o Hair Salon o Alteration Shop (Tailor) o Copy Business Center o Athletic or health club 3. In Exhibit D-2, Uses and Development Standards for Parcel 2, under "Design Standards", the following line has been added: The Design Standards for a theater/cinema use shall generally be in accordance with the attached Exhibit "I". 4. Exhibit "I", attached to this document, has been included in the PUD. With these changes, the only remaining differences between Parcels 2 and 3 of the Barshop PUD and Parcels 2 and 3 of the Simon PUD will be (1) the allowance for outdoor entertainment in the "community plaza" provided for in the Simon PUD but not the Barshop PUD (the "community plaza" is located only in the Simon PUD), and (2) the allowance for hotels provided for in the Barshop PUD but not in the Simon PUD (the proposed hotel site is located only in the Barshop PUD). Because the Barshop PUD approved by the Round Rock City Council on May 26, 2005, did not include the owner's signature (due to the timing of the land transactions), the changes referenced above will be incorporated into the final version that is signed and recorded subsequent to the purchase of the property by Chandler IH 35 Retail, Ltd. The Mayor will re-sign the ordinance with full knowledge of these changes. Sincerely, J. Stendebach, MCP irector of Planning Daniel L. Halden, P.E. City Engineer 2. Charles Cross ield City Attorney THE STATE OF TEXAS COUNTY OF WILLIAMSON § BEFORE ME, the undersigned authority, on this day personally appeared Jim Stendebach, known to me to be the person whose name is subscribed to the foregoing instrument as the Director of Planning of the City of Round Rock, Texas, a municipal corporation, and he acknowledged to me that he executed the same for the purposes and considerations therein expressed, in the capacity therein stated. IVEN���[J�NDE4g•,i MY HAND AND SEAL OF OFFICE, this the day of ...(\1,;\V P'm s� v5 .. �9TFCF�t`�' ®�a FYRipnS,.'. ,' THe`[i 6' F�j AS § / s513si>• 4 COUNTY OF WILLIAMSON § ory Public Signature State of Texas BEFORE ME, the undersigned authority, on this day personally appeared Daniel L. Halden, known to me to be the person whose name is subscribed to the foregoing instrument as the City Engineer of the City of Round Rock, Texas, a municipal corporation, and he acknowledged to me that he executed the same for the purposes and considerations therein expressed, in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the (,p day of MIANNE A. HALEY Notary Public, State of Texas My Commission Expires December 23, 2007 THE STATE OF TEXAS § COUNTY OF WILLIAMSON § Notary Pu s lic Si: 'cure State of Texas BEFORE ME, the undersigned authority, on this day personally appeared Charles Crossfield, known to me to be the person whose name is subscribed to the foregoing instrument as City Attorney of the City of Round Rock, Texas, a municipal corporation, and he acknowledged to me that he executed the same for the purposes and considerations therein expressed, in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the , 2005. S; Y P` s KATHY GREEN :1 MY COMMISSION EXPIRES July 26, 2007 3. day of r) otary Public Signature State of Texas RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation AGREED TO BY OWNER: CHANDLER IH 35 RETAIL, LTD., a Texas limited partnership By: B&O Development G.P., L.L.C., a Texas limited liability company, its general partner By: C. Patrick Oles, Jr., President THE STATE OF TEXAS § COUNTY OF TRAVIS § BEFORE ME, the undersigned authority, on this day personally appeared C. Patrick Oles, known to me to be the person whose name is subscribed to the foregoing instrument as President of B&O Development G.P., L.L.C., a Texas limited liability company, and he acknowledged to me that he executed the same for the purposes and considerations therein expressed, in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of •3‘,A,WQ , 2005. Heather Birdsell _�►,''`41otary Public, State of Texas n�� * *. My Commission Expires ••.:+;;,��+: JULY 02, 2005 4. kL,44-L12.6‘1 Notary Public Signature State of Texas so'Bo'6o RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation. THEATER/CINEMA DESIGN AND SIGNAGE Please return to: Kathy Miller City of Round Rock 301 W. Bagdad #210 Round Rock, TX 78664 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2005043038 06/08/2005 12:47 PM MARY $24.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS