Z-05-09-08-10C2 - 9/8/2005iii
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF ROUND ROCK *
III
iii
0111111111
iii
II ORD
56 .PGS
2005084111
I, SHERRI MONROE, Assistant City Secretary of the City of Round Rock, Texas,
do hereby certify that I am the custodian of the public records maintained by the City
and that the above and foregoing is a true and correct copy of Ordinance No. Z -05-09-
08-10C2, which approves rezoning 20.94 acres of land out of the Ephraim Evans Survey
from District LI to District PUD No. 64 (IKEA Tract). This ordinance was approved and
adopted by the City Council of the City of Round Rock, Texas, on the 8th day of
September, 2005. These minutes are recorded in the official City Council Minute Book
No. 53.
CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 20th
day of October 2005.
SHERRI MONROE, Assistant City Secretary
ORDINANCE NO. Z - O LJ _ O9' O8 10 -
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.305(2),
CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK,
TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID
OFFICIAL ZONING MAP, TO WIT: TO REZONE 20.94 ACRES OF
LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO.
212, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM
DISTRICT LI (LIGHT INDUSTRIAL) TO PLANNED UNIT
DEVELOPMENT (PUD) NO. 64.
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 .20.94 acres of land, out of the Ephraim Evans Survey,
Abstract No. 212, in Round Rock, Williamson County, Texas, being
more fully described in Exhibit "A" attached hereto, from District
LI (Light. Industrial) to Planned Unit Development (PUD) No. 64, and
WHEREAS, the City Council has submitted the requested change
in the Official Zoning Map to the Planning and Zoning Commission
for its recommendation and report, and
WHEREAS, the Planning and Zoning Commission held a public
hearing concerning the requested change on the 24th day of August,
2005, following lawful publication of the notice of said public
hearing, and
WHEREAS, after considering the public testimony received at
such hearing, the Planning and Zoning Commission has recommended
that the Official Zoning Map be amended so that the zoning
classification of the property described in Exhibit "A" be changed
to PUD No.64, and
@PFDesktop\::ODMA/WORLDOX/0:/WDOX/ORDINANC/050908c2_WPD/cdc
WHEREAS, on the 8th day of September, 2005, after proper
notification, the City Council held a public hearing on the
requested amendment, and
WHEREAS, the City Council determines that the zoning provided
for herein promotes the health, safety, morals and protects and
preserves the general welfare of the community, and
WHEREAS, each and every requirement set forth in Chapter 211,
Sub -Chapter A., Texas Local Government Code, and Section 11.300 and
Section 11.400, Code of Ordinances (1995 Edition), City of Round
Rock,. Texas concerning public notices, hearings, and other
procedural matters has been fully complied with, Now Therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS:
I.
That the City Council has hereby determined the Planned Unit
Development (PUD) No. 64 meets the.following goals and objectives:
(1) The development in PUD No. 64 is equal to or superior to
development that would occur under the standard ordinance
requirements.
(2) P.U.D. No. 64 is in harmony with the general purposes,
goals, objectives and standards of the General Plan.
(3) P.U.D. No. 64 does not have an undue adverse effect upon
adjacent property, the character of the neighborhood,
traffic conditions, parking, utilities or any other
matters affecting the public health, safety and general
welfare.
(4) P.U.D. No. 64 will be adequately provisioned by essential
public facilities and services including streets,
parking, drainage, water, wastewater facilities, and
other necessary utilities.
(5) P.U.D. No. 64 will be constructed, arranged and
maintained so as not to dominate, by scale and massing of
structures, the immediate neighboring properties or
2.
interfere with their development or use in accordance
with any existing zoning district.
II.
That the Official Zoning Map adopted in Section 11.401(2)(a),
Code of Ordinances (1995 Edition), City of Round Rock, Texas, is
hereby amended so that the zoning classification of the property
described in Exhibit "A", attached hereto and incorporated herein
shall be, and is hereafter designated as, Planned Unit Development
(PUD) No. 64, and that the Mayor is hereby authorized and directed
to enter into the Agreement and Development Plan for PUD No. 64
attached hereto as Exhibit "B", which agreement shall govern the
development and use of said property.
III.
A. .All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
C. The City Council hereby finds and declares that written
notice of the date, hour, place and subject of the meeting at which
this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which
this Resolution and the subject matter hereof were discussed,
considered and formally acted upon, all as required by the Open
Meetings Act, Chapter 551, Texas Government Code, as amended.
3.
Alternative 1.
By motion duly made, seconded and passed with an affirmative
vote of all the Council members present, the requirement for
reading this ordinance on two separate days was dispensed with.
9
day
READ, PASSED, and ADOPTED on first reading this
of , 2005.
Alternative 2.
READ and. APPROVED on first reading this the day of
, 2005.
READ, APPROVED and ADOPTED on second reading this the
day of
ATTEST:
, 2005.
NYLE LL, ay
City of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secre
4.
Office: 512-481-9602
Fax: 512-330-1621
Page 1 of 2
Waterloo Surveyors Inc.
EXHIBIT "A"
July 20, 2005
FIELD NOTES
Thomas P. Dixon
R.P.L.S. 4324
J9802FN1
FIELD NOTES 20.94 ACRES OF LAND, MORE OR LESS, OUT OF THE EPHAIM EVANS SURVEY,
ABSTRACT NO. 212, IN WILLIAMSON COUNTY, TEXAS, SAME BEING OUT OF THAT CERTAIN
9439 ACRE TRACT OF LAND DESCRIBED IN VOLUME 657, PAGE 659, DEED RECORDS, TRAVIS
COUNTY, TEXAS, AND FURTHER BEING ALL OF LOT 1, BLOCK A, "FINAL PLAT OF EAST
CHANDLER RETAIL CENTER", A PROPOSED SUBDIVISION IN WILLIAMSON COUNTY, TEXAS;
FOR WHICH A MORE PARTICULAR DESCRIPTION BY METES AND BOUNDS IS AS FOLLOWS:
BEGINNING at a point on the east R.O.W. of Interstate Highway 35 on the west line of said 94.39 acre tract at the N.W.
comer of Lot 1, Block A, "FINAL PLAT OF EAST CHANDLER RETAIL CENTER", for the N.W. comer hereof, from
which point an "X" found in concrete on the east R.O.W. of Interstate Highway 35 at the N.W. corner of said 94.39 acre
tract bears N14°46'52"E at a distance of 25.79 feet;
THENCE the following twelve (12) courses and distances crossing said 94.39 acre tract along the exterior boundary of
Lot 1:
1. N96°17'21"E for a distance of 263.66 feet;
2. N75°05'45"E for a distance of 118.61 feet;
3. N69°17'21"E for a distance of 268.81 feet;
4. S65°39'07"E for a distance of 37.56 feet;
5. S20°42'27"E for a distance of 659.45 to a point of curvature of a curve curing to the right having a radius of 220.00;
6. 181.06 feet along the arc of said curve with a chord which bears NO2°51' 17"E for a distance of 275.99 feet to the
point of tangency of said curve;
7. S26°25'55"W for a distance of 77.45 feet to the point of curvature of a curve curving to the right with a radius of
158.15 feet;
8. 118.42 feet along the arc of said curve with a chord which bears N47°51'41"E for a distance of 115.67 feet;
9. S69° 17'40"W for a distance of 685.32 feet to the point of curvature of a curve curving to the right having a radius of
406.00 feet;
10. 175.74 feet along the arc of said curve with a chord which bears S81°41'23"W for a distance of 174.37 feet to the
point of a reverse curve curving to the left with a radius of 263.86 feet;
11. 27.79 feet along the arc of said curve with a chord which bears N89°03'09"W for a distance of 27.77 feet to the point
of tangency of said curve;
12. S88°03'22"W for a distance of 71.42 feet to a point on the east R.O.W. of Interstate Highway 35 at the S.W. comer
of Lot 1;
THENCE the following three (3) courses and along the west R.O.W. of Interstate Highway 35:
1. NO2°03'55"W for a distance of 192.00 to a concrete highway monument found at the point of curvature of a curve
curving to the right with a radius of 1095.90 feet;
P.O. Box 160176
Austin, Texas 78716-0176
Office: 512-481-9602
Fax: 512-330-1621
Page 2 of 2
Waterloo Surveyors Inc.
EXHIBIT "A"
July 20, 2005
FIELD NOTES
Thomas P. Dixon
R.P.L.S. 4324
J9802FN1
2. 398.72 feet along the arc of said curve with a chord which bears N08°19' 14"E for a distance of 396.52 feet to a
concrete highway monument found at the point of tangency of said curve;
3. N14°46'52"E for a distance of 435.92 feet to the POINT OF BEGINNING, containing 20.94 acres of land.
1, the undersigned do hereby certify that the field notes hereon were prepared from an actual on -the -ground survey
under my direct supervision and that they are true and correct to the best of my knowledge.
Thomas P. Dixon R.P.L.S. 4324
P.O. Box 160176
Austin, Texas 78716-0176
RECORDERS MEMORANDUM
All or part of the text on this page was not
clearly legible for satisfactory recordation.
S UR VR Y PLAT
LEGAL DESCRIPTION: LEGEND J9802;1\
20.94 ACRES OF LAND, MORE OR LESS, OUT OF THE EPHAIM EVANS FOUND IRON ROD FIR
SURVEY, ABSTRACT NO. 212, IN WILLIAMSON COUNTY, TEXAS, AND SET IRON ROD SIR
BEING OUT OF THAT CERTAIN 94.39 ACRE TRACT OF LAND DESCRIBED FOUND IRON PIPE FIP
IN VOLUME 657, PAGE 659, DEED RECORDS, WILLIAMSON COUNTY, FOUND HIGHWAY MONUMENT FHM
TEXAS, AND BEING ALL OF LOT 1, BLOCK A, "FINAL PLAT OF EAST POINT OF BEGINNING POB
CHANDLER RETAIL CENTER", A PROPOSED SUBDIVISION IN
WILLIAMSON COUNTY, TEXAS.
(County Road 114 N 6917'21" E
CONC. �, Nest Chandler Road 244.93'
L1 SIR
•• • •
Found "X" IN
N.W. CORNER
657/659
(94.39 ac)
F, .gym 7"
.1:19111.6L
--1/4"?sp 43:
Foun ,` . SUR'J
Iron Rod
N.W. CORNER
657/655
Found Iron Rod
N.W. CORNER-/ '
778/330
•
P08
v
s•
•
L26 in L28
SIR
-4 SIR
4'FHM 1 SCALE 1 M
1 "= 500' -J
i C1
Lot 1 Block A
FHM 20.94 acres
a
L30 "1 L32
Lot 3 Block A
0.83 acres
Lot 2 Block A
42.50 acres
3
v r,)�4L35 R C �\,y� C2 P -'
‘'0
C5 SIR SIR P,2
�S\R Lo 4 B
2.50 acres P� y
L18S Ce��� RR L7 •
L6•<s
;I�..6..4k-v-19' FIP
;• �,Q lot 2 <Q
L13•Candler Creek LP
Oakmont Centre
L14 ) Sec. 5, Bk B
0.
•
City of Austin
778/330
(14.64 ac)
Found
Iron Rod
N.W. CORNER
871/374
(2.0 ac)
J
• • •
L16 cnLl5cn A •
City of Austin
871/374
(2.0 ac)
LINE COURSE AND DISTANCE CALLS City of Austin
LINE 1
DIRECTION
I DISTANCE
L1
N 69'17'21" E
1338.91'
L2
S 20'55'19" E
21.00'
L3
S 20'55'19" E
1479.61'
L4
N 72'39'36" W
23.68'
L5
N 59'04'07" W
158.08'
L6
S 67'29'15" W
113.42'
L7
S 54'57'23" W
373.45'
L8
5 22'25'39" W
29.15'
L9
S 09'24'29" W
69.60'
L10
S 07'36'56" E
79.37'
L11
S 18'22'33" W
44.30'
L12
S 35'15'54" E
226.60'
L13
S 68'17'04" W
137.20'
L14
S 63'50'35" W
238.36'
L15
S 64'23'51" W
164.56'
L16
S 71'07'09" W
229.88'
L17
N 34'45'51" W
530.13'
L18
S 75'23'51" W
171.67'
L19
N 52'30'20" W
172.40'
871/369
(2.32 acj
0
O
O
-AO
trk
artr
w
Z�
N
LOT 1 m0
q A>
0
fi rm�
000
- -I Z
W N0 -i
1 Z
W mZ NZ
01.0 -1
Z0 m
Z 0 0
0m
�U
Q��
0 (-
Found 0
Iron Rod -�
N.E. CORNER
951/17
(2.0 ac)
"The undersigned does hereby
certify that the sketch hereon
was prepared from an actual
on -the -ground survey and that
it is true and correct to the
best of my knowledge on this
the 15th day of August, 2005.
Candler Creek LP
Oakmont Centre
Sec. 5, Bk B, Lot 3
Found
Iron Rod
S.W. CORNER
951/17
L20
N 81'31'11" W 173.14'
L21
S 02'03'55" E 112.67'
L22
S 02'03'55" E 134.53'
L23
S 02'03'55" E 192.00'
L24
N 14'46'52" E 435.92'
L25
N 14'46'52" E 25.79'
L26
N 69'17'21" E 263.66'
L27
N 75'05'45" E 118.61'
L28
N 69'17'21" E 268.81'
L29
S 65'39'07" E 37.56'
L30
N 69'17'33" E 74.82'
L31
N 24'20'53" E 54.63'
Thomas P. Dixon RPLS 4324
L32
N 69'17'21" E
563.47'
L33
N 20'42'27" W
659.45'
L34
N 26'25'55" E
77.45'
L35
N 69'17'40" E
685.32'
L36
N 88'03'22" E
71.42'
CURVE
RADIUS
l LENGTH
J_ CHORD j
BEARING
C1
1095.90'
398.72'
396.52'
S 08'19'14" W
C2
220.00'
181.06'
175.99'
N 02'51'17" E
C3
158.15'
118.42'
115.67'
N 47'51'41" E
C4
406.00'
175.74'
174.37'
N 81'41'23" E
C5
263.86'
27.79'
27.77'
N 89'03'09" W
AGREEMENT AND DEVELOPMENT PLAN
IKEA PUD
PLANNED UNIT DEVELOPMENT NO. 64
THE STATE OF TEXAS
COUNTY OF WILLIAMSON §
THIS AGREEMENT AND DEVELOPMENT PLAN (this "Agreement") is made and
entered by and between the CITY OF ROUND ROCK, TEXAS, a Texas municipal
corporation, having its offices at 221 East Main Street, Round Rock, Texas 78664
(hereinafter referred to as the "City"), and Cerco Development, Inc., its successors and
assigns, having their offices at 221 West 6th Street, Suite 1300, Austin, Texas 78701
(hereafter referred to as the "Owner").
WHEREAS, the Owner is the owner of certain real property consisting of
approximately 20.94 acres, as more particularly described in Exhibit "A", (herein after
referred to as the "Property") attached hereto and made a part hereof.
WHEREAS, The Owner has submitted a request to the City to rezone the Property as a
Planned Unit Development (the "PUD").
WHEREAS, pursuant to Chapter 11, Section 11.316(8), of "the Code" (as defined in
Article II, Section 1 below), the Owner has submitted a Development Plan setting forth
the development conditions and requirements within the PUD, which Development
Plan is contained in Section II of this Agreement; and
WHEREAS, the City has held two public hearings required by law to solicit input from
all interested citizens and affected parties; and
WHEREAS, on August 24, 2005, the City's Planning and Zoning Commission
recommended approval of the Owner's application for a PUD; and
WHEREAS, the City Council has reviewed the proposed Development Plan and
determined that it promotes the health, safety, and general welfare of the citizens of
Round Rock and that it complies with the intent of the Planned Unit Development
Ordinance of the City;
NOW THEREFORE BY THIS AGREEMENT WITNESSETH that, in consideration of
the covenants and conditions set forth herein, the City and the Owner agree as follows:
-1-
I.
GENERAL PROVISIONS
1. CONFORMITY WITH DEVELOPMENT PLAN
That all uses and development within the Property shall conform to the Development
Plan included in Section 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 I1.15
below are followed. The depictions of the locations of the building, parking, and drive
aisles on the exhibits attached hereto in connection with the landscaping and signage
provisions of this Agreement (Sections 11.10 and 11 below) are primarily to provide
context for the relevant landscaping and signage provisions, and may not correspond in
all respects with the final locations of such improvements as described in connection
with an application for site plan approval (and such final location, if different from the
general representation in the attached exhibits, shall not be deemed a "change" or
"modification" within the meaning of this Section 1.2).
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, "the Code"
(as defined in Article 11, Section 1 below).
4. LIEN HOLDER CONSENT
There is no lien holder of record with regard to the Property as of the date of this
Agreement.
5. MISCELLANEOUS PROVISIONS
5.1 Assignment
Neither party may assign its rights and obligations under this Agreement
without having first obtained the prior written consent of the other which
consent shall not be unreasonably withheld. This section shall not prevent
Owner from selling or leasing the Property or portions of the Property, together
with all development rights and obligations contained in this Agreement and
-2-
Development Plan. No consent shall be required in connection with such sale or
assignment of the Property, in part or in whole, provided the purchaser or
assignee assumes Owner's obligations in writing as to such portions of the
Property, upon which assumption the Owner shall be released from any further
obligations hereunder.
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, isintended 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
Cerco Development, Inc.
221 West 6th Street
Suite 1300
Austin, Texas 78701
Attn: Jeff Newberg
CITY OF ROUND ROCK
City of Round Rock, Texas
221 East Main Street
Round Rock, Texas 78664
Attn: Director of Planning
5.10 Appeal of Administrative Decisions
Administrative decisions provided for in this Agreement may be appealed to the
City Council in writing within fourteen (14) days following receipt by Owner of
the written confirmation of the decision.
5.11 Binding Effect
This Agreement and the Development Plan binds and benefits the Owner and its
successors and assigns, and runs with the land.
II.
DEVELOPMENT PLAN
1. DEFINITIONS
Words and terms used herein shall have their usual force and meaning, or as defined in
the Code of Ordinances (1995 Edition) as amended through and including the date of
this Agreement, but not afterward, City of Round Rock, Texas, hereinafter referred to as
"the Code."
2. PROPERTY
This Development Plan ("Plan") covers approximately 20.94 acres of land, located
-4-
within the city limits of Round Rock, Texas, and more particularly described by metes
and bounds in Exhibit "A".
3. EFFECTIVE DATE
Prior to the effective date of this Agreement, (i) the Property was zoned "LI", and (ii)
the City Council approved this Agreement subject to all of the terms and conditions
contained herein. Notwithstanding the base zoning district identified for the Property
in Section 5.1, and notwithstanding Sections 6 (Permitted Uses) and 7 (Prohibited Uses)
below, all "LI" zoning district permitted uses and all applicable regulations shall be
allowed on the Property until the closing (i.e., delivery of title and purchase funds) of
the sale of the Property by McNeil Consumer & Specialty Pharmaceuticals, a division of
McNeil -PPC, to Cerco Development, Inc. or its assigns pursuant to the contract between
them (the "Sale"), on which Sale date all of Sections 5 through 17 of this Agreement
shall apply. The purchaser at the Sale shall submit to the City an affidavit in the form
attached hereto as Exhibit "F" stating that the Sale has occurred.
4. PURPOSE
The purpose of this Plan is to ensure a PUD that 1) is equal to or superior to
development that would occur under the standard ordinance requirements, 2) is in
harmony with the General Plan, as amended, 3) does not have an undue adverse effect
upon adjacent property, the. character of the neighborhood, traffic conditions, parking,
utilities or any other matters affecting the public health, safety and welfare, 4) is
adequately provisioned by essential public facilities and services, and 5) will be
developed and maintained so as not to dominate, by scale or massing of structures, the
immediate neighboring properties or interfere with their development or use in
accordance with any existing zoning district.
5. APPLICABILITY OF CITY ORDINANCES
5.1 Zoning and Subdivision Ordinances
The Property shall be regulated for purposes of zoning and subdivision by this
Plan. All aspects not specifically covered by this Plan shall be regulated by
applicable sections of the Code. Except as provided otherwise in this Agreement,
the base zoning district for the Property is "C-1" (General Commercial).
Notwithstanding the foregoing, if there is a conflict between this Agreement and
Plan and the Code, this Agreement and Plan shall supersede the specific
conflicting provisions of the Code.
-5-
5.2 Other Ordinances
All other Ordinances within the Code shall apply to the Property, except as
clearly modified by this Plan. In the event of a conflict, the terms of this
Agreement shall control.
6. PERMITTED USES
The base zoning district for the Property shall be "C-1" (General Commercial) under the
Code, subject to the terms of this Agreement. The Property shall be developed for use
as a single destination retail use occupying a building of at least 252,000 square feet
(including any ancillary uses inside the building) that is expected to draw its customer
base from an approximately 75 -mile or more radius centered on the building.
The Property may be used for periodic temporary outdoor sales events, such as
Christmas tree sales, patio furniture sales, etc., and such use does not require a
temporary use permit from the City, provided such sales events are ancillary to a
permitted primary use, and provided further that such sales events occur no more often
than four (4) times per year, and no longer than fifteen (15) days per event.
Development standards for outdoor sales specified in the Code shall apply to these
sales events. The area to be used for such outdoor sales events shall be designated on
plans submitted in connection with site plan approval and shall not cause the loss of
any designated parking spaces. If outdoor sales events utilize sidewalk space, a
minimum width of five (5) feet of the sidewalk must remain clear of obstructions to
allow unimpeded pedestrian movement.
The following principal uses are permitted on the Property:
• Retail Sales and Services (as a single destination retail use as described above)
• Wireless Transmission Facility, Stealth
• Wireless Transmission Facility, Attached
• Park, Private
• Park, Linear/Linkage
• Park, Regional/Community
• Park, Neighborhood
The following uses are permitted as ancillary uses in the primary building:
• Eating Establishments
• Day Care
In connection with a recycling use ancillary to a permitted use (which recycling use is
hereby permitted as and to the extent described in this paragraph), Owner may locate
and maintain up to two (2) thirty-foot (30') trailers at the rear of the building for
-6-
recycling purposes. Such trailers may be moved to and parked at the dock doors, at
Owner's option, to permit loading/unloading.
7. PROHIBITED USES
The following uses are prohibited on the Property except as otherwise noted:
• Amusement parks or carnivals
• Automotive & machinery repair
• Automotive & machinery services
• Automotive & machinery washes
• Automotive parts sales
• Automotive rental
• Automotive sales
• Billiard parlors & pool halls
• Boat sales
• Camper sales
• Campgrounds
• Donation centers
• Flea markets
• Gasoline & fuel sales
• Grocery stores
• Heavy equipment sales, rental & leasing
• Industrial building sales
• Kennels -
• Manufactured home sales
• Mini warehouses
• Pawn shops
• Portable building sales
• Recreational vehicle parks
• Recycling centers {as primary use; permitted as ancillary use as described above)
• Sale of used goods (except antiques and estate sales)
• Self -Storage
• Sexually oriented businesses
• Shooting ranges
• Tattoo parlors
• Truck service or repair
• Truck stops
• Trucking terminals
• Video arcades
• Wireless Transmission Facility, Self -Standing
-7-
8. ADDITIONAL USES
All other uses that are not specifically addressed in this ordinance will require an
amendment in accordance with Section 15, below.
9. EXPANDED DEVELOPMENT
Owner may request, and the City will at that time consider in accordance with Section
15, below, a future expansion of the enclosed area of the primary building originally
constructed by up to 50,000 square feet, which additional enclosed area may be
proposed as expansions of one or more of the then existing sides of such building. Any
such request by Owner shall include a description of how such an expansion will satisfy
site planning concerns, including with regard to parking, traffic circulation,
landscaping, and design features of the building.
10. LANDSCAPING
In accordance with Section 11.314 of the Round Rock Zoning Ordinance, the following
landscaping and buffering standards shall apply to those portions of the Property
addressed below instead of otherwise applicable Code sections, City regulations or City
policies. All other landscaping issues not specifically addressed in this Section 10 shall
be regulated by applicable Code sections, City regulations or City policies.
10.1 General Requirements
As an alternative to the street yard requirements established in the Round Rock
Zoning Ordinance, the Property shall offer the following landscape amenities:
• Enhanced entry feature (as shown in Exhibits C-1 and C-2).
• Enhanced landscaping along the perimeter of the Property, particularly along
the IH -35 frontage road and Chandler Road (as shown in Exhibits C-1, C-3,
C-4, C-5 and C-6).
• Additional islands and medians in and along drives and in the parking areas
(as shown in Exhibit C-1).
• Additional screening of service area (as shown in Exhibits C-1, C-5 and C-6).
Trees shall be planted to avoid interference with streetlights, signage and other
fixtures.
Trees shall be kept out of street intersection sight triangles at a minimum of
thirty-five (35) feet by thirty-five (35) feet as measured from the face of curb.
-8-
Trees shall be planted no less than five (5) linear feet from City water and
wastewater lines.
Trees shall be planted no less than five (5) linear feet (whether horizontal or on
an angle) from fire hydrants.
Caliper size, height, measurement and other specifications referenced in this
Agreement shall be as specified in the Round Rock Zoning Ordinance, the Round
Rock Tree Standards Technical Manual and the Overall Landscape Plant Palette,
attached hereto as Exhibit "C-7".
10.2 Entry Feature Landscaping
A landscaped median island between fourteen (14) feet and fifty (50) feet in
width, as measured from back of curb to back of curb, shall be provided down
the centerline of the primary entrance drive, substantially in accordance with
Exhibits "C-1" and "C-2".
At a minimum, landscaping in the entry median island, as it is identified in
Exhibit "C-2", shall consist of an average of one (1) small tree per 30 linear feet of
the entry median island plus ornamental grasses, ground covers and shrubs as
conceptually depicted in Exhibit "C-2".
At a minimum, landscaping in both sides of the entry planting area, as it is
identified in Exhibit "C-2", shall consist of an average of one (1) large or medium
tree per 50 linear feet of planting area plus ornamental grasses; ground covers
and shrubs as conceptually depicted in Exhibit "C-2".
Landscaping adjacent to other driveway entrances that are outside the boundary
of the Property shall include small trees, shrubs and grasses and shall be
consistent with the overall landscape design theme for each entrance.
10.3 Enhanced Perimeter Landscaping
A license agreement from the City and/ or TxDOT is required prior to any
improvements in the public right-of-way.
Landscaping between the primary entrance drive and Chandler Road shall be in
accordance with Exhibits "C-3" and "C-4", and shall include, at a minimum, an
average of one (1) large tree per 20 linear feet, one (1) conifer per 35 linear feet,
and one (1) small tree per 10 linear feet. Shrubs, grasses and groundcover shall
be planted as conceptually depicted in Exhibits "C-3" and "C4".
-9-
Landscape and irrigation within TX DOT right-of-way shall be installed,
irrigated, and maintained by means, methods and standards as governed by TX
DOT.
10.4 Service Area Screening
As depicted in Exhibits "C-5" and "C-6", a screening wall shall be provided
along Chandler Road behind the service area. The screen wall shall be a
minimum of seven (7) feet in height. The side of the screen wall facing Chandler
Road shall have a stone face similar to the stone required for buildings in PUD's
59 and 60, as conceptually depicted in Exhibit "C-8".
Landscaping in front of the screen wall and along Chandler Road shall be in
accordance with Exhibits "C-5" and "C-6", and shall include, at a minimum, an
average of one (1) large tree per 35 linear feet, one (1) conifer per 60 linear feet,
and one (1) small tree per 40 linear feet. Shrubs, grasses and groundcover shall
be planted as conceptually depicted in Exhibits "C-5" and "C-6".
Landscape buffer and screening requirements established in the Code for
ground -mounted equipment, dumpsters, trash receptacles, refuse storage
containers, loading docks, substations, large utility cabinets, and similar
structures located behind the screen wall shall not apply to the Property.
The City shall assume responsibility to replace any landscaping removed in the
gas line easement shown in Exhibit "C-9", if, because of the actions of the owner
of said gas line easement, any or all of said landscaping is removed and not
,replaced by the owner of said gas line easement. Further, in the event, but only
to the extent, that the owner of said gas line easement legally prevents the
planting of some or all of such landscaping, the landscaping required in this
Section 10.4 may be modified as a minor amendment in accordance with Section
15.1 as long as adequate screening is provided through the use of higher
quantities of smaller plantings, screen walls, decorative trellises or other
landscape features.
10.5 Open Space
All areas which do not contain buildings, structures, parking lots, sidewalks, site
furniture or other improvements, including, but not limited to, front, side and
rear building set back areas, and all areas between the curb line and the property
line, must be planted and landscaped in accordance with this Section. All such
landscaped areas not planted in groundcover or shrub beds shall be planted in
grasses. Over seeding in fall with cool season native grasses is allowed.
-10-
Utility easements shall be landscaped consistent with other landscape areas, to
the extent allowed by the respective utility company.
11. SIGNAGE
Except to the extent that this Agreement provides for signage regulation that is in
conflict with the Code, the signage regulations of the Code shall apply to the
Property. In the event of a conflict between the Code and this Agreement, the
provisions of this Agreement shall control.
For purposes of this Agreement, "sign area" is defined as the number of square
feet contained within the smallest single polygon that will encompass the actual
lettering and any logo on one face of the sign (a logo may be measured using a
separate polygon or circle from that containing the lettering). The portions of a
structure on which the sign is located are not counted as part of the sign area
provided they are not contained within the polygon.
Unless otherwise provided herein, all free-standing signage on the Property shall
be powder coated aluminum framed with galvanized steel posts and shall be
externally illuminated.
With the exception of the Highway Sign permitted in Section 11.10, changes in
the location or appearance of signs described in this Section 11, as well as
changes in the number, size, or height of signs that differ no more than ten
percent (10%) from the standards set forth below may be administratively
approved by the Zoning Administrator.
11.1 Location
All signs on the Property shall be located and spaced in accordance with the
provisions of this Agreement and generally as shown in Exhibit "D-1" and "D-
2". Any and all setback requirements of Table 3.1403 of the Code shall be
deemed satisfied if signage is located in accordance with this Agreement.
All Entrance Signs, Information Signs, and Family Friendly Signs (as described
below) shall be located on a landscaped island, median or other landscaped area
on the Property.
11.2 Entrance and Exit Signs
For the purposes of directing traffic to the entrances and exits of the store and of
providing information on store hours, five (5) double -sided Entrance and Exit
Signs may be installed and maintained by Owner at the approximate locations
-11-
shown in Exhibit "D-1" for signs 1a, 2a, 2b, 2c and 3a.
Entrance and Exit Signs shall not exceed fifteen (15) feet in height.
The face or sign area of each Entrance and Exit Sign shall not exceed ninety (90)
square feet.
Approximate sign dimensions for sign la are shown in Exhibit "D-3" in diagram
1. Approximate sign dimensions for signs 2a, 2b and 2c are shown in Exhibit "D-
3" in diagram 2. Approximate sign dimensions for sign 3a are shown in Exhibit
"D-3" in diagram 3.
Example sign content for signs la, 2a, 2b, 2c and 3a is shown in Exhibit "D-5".
Entrance and Exit Signs shall be externally illuminated, as shown in Exhibit "D-
3" in diagrams 1, 2 and 3.
11.3 Information Signs
For the purpose of providing purchasing information, three (3) double -sided
Information Signs may be installed and maintained by Owner within one
hundred fifty (150) feet of the front doors of the building, generally located as
shown in Exhibit "D-1" for signs 4a, 4b and 4c.
Information Signs shall not exceed eleven (11) feet in height.
The face or sign area of each Information Sign shall not exceed forty-two (42)
square feet.
Approximate sign dimensions for signs 4a, 4b and 4c are shown in Exhibit "D-3"
in diagram 4.
Example sign content for signs 4a, 4b and 4a is shown in Exhibit "D-5".
Information Signs shall be externally illuminated, as shown in Exhibit "D-3" in
diagram 4.
11.4 Service Signs
For the purpose of advertising special services offered by the store, seven (7)
double -sided Service Signs may be installed and maintained by Owner at the
approximate locations shown in Exhibit "D-1" for signs 5a, 5b, 5c and 5d.
-12-
Service Signs shall not exceed eleven (11) feet in height.
The face or sign area of each Information Sign shall not exceed thirty (30) square
feet.
Approximate sign dimensions for signs 5a, 5b, 5c and 5d are shown in Exhibit
"D-3" in diagram 5.
Example sign content for signs 5a, 5b, 5c and 5d is shown in Exhibit "D-6".
Service Signs shall be externally illuminated, as shown in Exhibit "D-3" in
diagram 5.
11.5 Family Friendly Parking Signs
For the purpose of identifying a special parking area for families, three (3)
double -sided Family Friendly Parking Signs may be installed and maintained by
Owner at the approximate locations shown in Exhibit "D-1" for sign 6a.
Family Friendly Parking Signs shall not exceed seven (7) feet in height.
The face or sign area of each Family Friendly Parking Sign shall not exceed
twelve (12) square feet.
Approximate sign dimensions for sign 6a are shown in Exhibit "D-3" in diagram
6.
Example sign content for sign 6a is shown in Exhibit "D-6".
Family Friendly Parking Signs shall not be externally illuminated by lighting
associated with the signs.
11.6 Loading Zone Signs
For the purpose of identifying the loading zone, five (5) double -sided Loading
Zone Signs may be installed and maintained by Owner at the approximate
locations shown in Exhibit "D-1" for sign 7a.
Loading Zone Signs shall be hung at a height not less than twelve (12) feet above
finished grade.
The face or sign area of each Loading Zone Sign shall not exceed twelve (12)
square feet.
-13-
Approximate sign dimensions for sign 7a are shown in Exhibit "D-3" in diagram
7.
Example sign content for sign 7a is shown in Exhibit "D-6".
Loading Zone Signs shall not be externally illuminated by lighting associated
with the signs.
11.7 Cart Return Signs
For the purpose of identifying cart return areas, double -sided Cart Return Signs,
may be installed and maintained by Owner in the cart return areas in the
approximate locations shown in Exhibit "D-1" for signs 8a, 9a and 9b.
Cart Return Signs shall not exceed ten (10) feet in height.
The face or sign area of each Cart Return Sign shall not exceed eighteen (18)
square feet.
Approximate sign dimensions for signs 8a, 9a and 9b are shown in Exhibits "D-
3" and "D-4" in diagrams 8 and 9.
Example sign content for signs 8a, 9a and 9b are shown in Exhibit "D-6".
Cart Return Signs shall not be externally illuminated by lighting associated with
the signs.
11.8 Parking Aisle Identification Signs
For the purpose of identifying parking aisles, Parking Aisle Identification Signs
may be installed and maintained by Owner in the parking areas as conceptually
depicted in Exhibit "D-2" for signs 10a, 10b and 10c.
Parking Aisle Identification Signs shall not exceed twenty (20) feet in height and
shall be hung at a height not less than twelve (12) feet above finished grade.
The face or sign area of each Parking Aisle Identification Sign shall not exceed
twenty-two (22) square feet.
Approximate sign dimensions and example content for signs 10a, 10b and 10c are
shown in Exhibit "D-7".
-14-
Parking Aisle Identification Signs shall not be externally illuminated by lighting
associated with the signs.
11.9 Flags
For the purpose of identifying the entrances to the Property, Flags may be
installed and maintained by Owner in the approximate locations shown in
Exhibit "D-2".
Flags shall not exceed thirty (30) feet in height and shall be hung at a height not
less than twelve (12) feet above finished grade.
The face of each flag shall not exceed sixty (60) square feet.
Approximate flag dimensions and example content for the flags are shown in
Exhibit "D-8".
11.10 Highway Sign
For the purpose of identifying the site from IH -35, one (1) pylon sign located
along IH -35 in the area shown on Exhibit "D-2" may be installed and maintained
by Owner. ' Such a sign pole may not exceed ninety (90) feet in height, with the
top of the sign itself no more than eighty (80) feet from the ground. At Owner's
election, such sign may have three sides, and the retail identification sign face on
each side, whether two or three, may not exceed twelve by fifty feet (12' x 50').
Approximate sign dimensions and example content for the Highway Sign are
shown in Exhibit "D-9".
11.11 Building Signage
Notwithstanding any otherwise applicable provision of the Code to the contrary,
building signage, including a fifteen by forty-five foot (15' x 45') banner sign,
shall be designed, sized and located generally in accordance with Exhibit "D-
10", attached hereto for illustrative purposes but not as a precise signage plan.
12. DESIGN STANDARDS
Except as may be specifically set forth to the contrary in this Agreement, the
Property shall be developed pursuant to the design, compatibility, height, buffer
yard, and all other standards (but not the use categories) applicable to the "C-1"
zoning district under the Code; provided, however, that the Owner may elect to
adopt more restrictive standards for any given aspect of such development.
-15-
12.1 Exterior Surfaces
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, or as otherwise provided herein)
Exterior walls may consist of brick, stone, stucco, decorative concrete masonry
unit (CMU), split face concrete block or concrete tilt wall, or similar material
approved in writing by the Zoning Administrator. Painted pre -finished metal
architectural panels may be used as decorative features, for example to highlight
the entrance area of a building. Unfinished concrete (painted or unpainted) may
be used around the base of the primary building up to a maximum height of
forty inches (40") above finished floor elevation.
The primary building may be painted in a color scheme that constitutes trade
dress or advertising for the occupant of such building, and shall not be counted
against any signage area allotments or limits otherwise applicable to the
Property.
12.2 Building Design
The primary building shall not be required to have at least fifteen percent (15%)
of a wall facing a public street consist of windows and/or entrance areas, and no
walls of such building shall be required to include details that create shade and
cast shadows.
Notwithstanding any provision of the Code to the contrary, the primary building
is not required to include architectural offsets as described in Section 11.409(4)(e)
of the Code, and may, at Owner's option, include uninterrupted lengths in excess
of one hundred feet (100').
In addition, sidewalks are not required along the western boundary of the
Property abutting the IH -35 frontage road.
13. UNDERGROUND UTILITY SERVICE
Except where approved in writing by the Chief of Public Works Operations, all
-16-
electrical, telephone and cablevision distribution and service lines, other than overhead
lines that are three phase or larger, shall be placed underground. All transformers must
be visually screened.
14. DRIVEWAY ACCESS AND CIRCULATION
14.1 Driveway Access
Driveway access shall be permitted in accordance with the approved Traffic
Impact Analysis on file with the Director of Transportation Services and
generally in accordance with the locations depicted in Exhibit "E", subject to site
plan approval.
14.2 Driveway Throat Lengths
Primary driveways off of the public rights-of-way adjacent to the Property, as
"primary" is determined by the City of Round Rock Director of Transportation
Services (Director), shall provide a minimum driveway throat of one hundred
(100) feet. No parking spaces or internal access drives shall intersect with such
primary driveways within this throat unless otherwise approved by the Director
in connection with site plan approval. Throat length of primary drives shall be
measured from edge of pavement.
14.3 Drive Aisles
Main drive aisles serving for both primary circulation and parking or
loading/ unloading shall have a minimum width of thirty (30) feet. All other
two-way drives shall have a minimum width of twenty-four (24) feet. All drives
shall meet minimum standards required by the City of Round Rock Fire
Department.
15. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN
15.1 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.
15.2 Major Changes
All changes not permitted under Section 15.1 above shall be resubmitted
-17-
following the same procedure required by the original PUD application.
16. CONCEPT PLAN APPROVED
Approval of this Agreement constitutes Concept Plan approval under the City
Subdivision Ordinance.
17. GENERAL PLAN 2000
This Agreement amends the Round Rock General Plan 2000, which was adopted on
June 10,1999.
Cerco Development, Inc.
By:
Name:
Title:
Date:
CITY OF ROUND ROCK, TEXAS
By:
Nyle Maxwell, Mayor
AT 1'f;ST:
By:
Christine Martinez, City Secretary
-18-
LIST OF EXHIBITS
EXHIBIT DESCRIPTION
Exhibit "A" Metes and Bounds Description of Property
Exhibit "B" Lien Holder Consent
Exhibit "C-1" Overall Landscape Concept Plan
Exhibit "C-2" Entry Feature Landscaping
Exhibit "C-3" Enhanced Perimeter Landscaping (Plan)
Exhibit "C-4" Enhanced Perimeter Landscaping (Profile)
Exhibit "C-5" Service Area Screening (Plan)
Exhibit "C-6" Service Area Screening (Profile)
Exhibit "C-7" Representative Plant Palette
Exhibit "C-8" Masonry Theme for PUD's 59 and 60
Exhibit "C-9" Existing Gas Line & Easement
Exhibit "D-1" Signage Locations (Signs la - 9b)
. Exhibit "D-2" Signage Locations (Signs 10a -10c, Flags, Highway Sign)
Exhibit "D-3" Sign Dimensions (Signs la - 8a)
Exhibit "D-4" Sign Dimensions (Sign 9)
Exhibit "D-5" Sign Example Content (Signs la - 4c)
Exhibit "D-6" Sign Example Content (Signs 5a - 9b)
Exhibit "D-7" Parking Aisle Identification Signs
Exhibit "D-8" Flags
Exhibit "D-9" Highway Sign
Exhibit "D-10" Building Signage
Exhibit "E" Driveway Access
Exhibit "F" Affidavit of Sale
-19-
EXHIBIT A
METES AND BOUNDS DESCRIPTION OF PROPERTY
Office: 512-481-9602
Fax: 512-330-1621
Page 1 of 2
Waterloo Surveyors Inc.
EXHIBIT "A"
July 20, 2005
1N1LLD NOTES
Thomas P. Dixon
R.P.L.S. 4324
J9802FN1
FIELD NOTES 20.94 ACRES OF LAND, MORE OR LESS, OUT OF TILE EPHAIM EVANS SURVEY,
ABSTRACT NO. 212, IN WILLIAMSON COUNTY, TEXAS, SAME BEING OUT OF THAT CERTAIN
94.39 ACRE TRACT OF LAND DESCRIBED IN VOLUME 657, PAGE 659, DEED RECORDS, TRAVIS
COUNTY, TEXAS, AND FURTHER BEING ALL OF LOT 1, BLOCK A, "FINAL PLAT OF EAST
CHANDLER RETAIL CENTER", A PROPOSED SUBDIVISION IN WILLIAMSON COUNTY, TEXAS;
FOR WHICH A MORE PARTICULAR DESCRIPTION BY METES AND BOUNDS IS AS FOLLOWS:
BEGINNING at a point on the east R.O.W. of Interstate Highway 35 on the west line of said 94.39 acre tract at the N.W.
comer of Lot 1, Block A, "FINAL PLAT OF EAST CHANDLER RETAIL CENTER", for the N.W. comer hereof, from
which point an "X" found in concrete on the east R.O.W. of Interstate Highway 35 at the N.W. corner of said 94.39 acre
tract bears N14°46'52"E at a distance of 25.79 feet;
'THENCE the following twelve (12) courses and distances crossing said 94.39 acre tract along the exterior boundary of
Lot 1:
1. N96°17'21"E for a distance of 263.66 feet;
2. N75°05'45"E for a distance of 118.61 feet;
3. N69° 17'21 "E fora distance of 268.81 feet;
4. S65°39'07"E for a distance of 37.56 feet;
5. S20°42'27"E for a distance of 659.45 to a point of curvature of a curve curing to the right having a radius of 220.00;
6. 181.06 feet along the arc of said curve with a chord which bears NO2°51' 17"E for a distance of 275.99 feet to the
point of tangency of said curve;
7. S26°25'S5"W for a distance of 77.45 feet to the point of curvature of a curve curving to the right with a radius of
158.15 feet;
8. 118.42 feet along the arc of said curve with a chord which bears N47°51'41"E for a distance of 115.67 feet;
9. S69°17'40"W for a distance of 685.32 feet to the point of curvature of a curve curving to the right having a radius of
406.00 feet;
10. 175.74 feet along the arc of said curve with a chord which bears S81 °41'23"W for a distance of 174.37 feet to the
point of a reverse curve curving to the left with a radius of 263.86 feet;
11. 27.79 feet along the arc of said curve with a chord which bears N89°03'09"W for a distance of 27.77 feet to the point
of tangency of said curve;
12. S88°03'22"W for a distance of 71.42 feet to a point on the east R.O.W. of Interstate Highway 35 at the S.W. comer
of Lot 1;
THENCE the following three (3) courses and along the west R.O.W. of Interstate highway 35:
1. NO2°03'55"W for a distance of 192.00 to a concrete highway monument found at the point of curvature of a curve
curving to the right with a radius of 1095.90 feet;
P.O. Box 160176
Austin, Texas 78716-0176
Office: 512-481-9602
Fax: 512-330-1621
Page 2 of 2
Waterloo Surveyors Inc.
EXHIBIT "A"
July 20, 2005
FIELD NOTES
Thomas P. Dixon
R.P.L.S. 4324
J9802FN1
2. 398.72 feet along the arc of said curve with a chord which bears N08°19' 14"E for a distance of 396.52 feet to a
concrete highway monument found at the point of tangency of said curve;
3. N14°46'52"E for a distance of 435.92 feet to the POINT OF BEGINNING, containing 20.94 acres of land.
I, the undersigned do hereby certify that the field notes hereon were prepared from an actual on -the -ground survey
under my direct supervision and that they are true and correct to the best of my knowledge.
Thomas P. Dixon R.P.L.S. 4324
P.O. Box 160176
Austin, Texas 78716-0176
RECORDERS MEMORANDUM
All or part of the text on this page was not
clearly legible for satisfactory recordation.
SUR Y PLAT LEGEND
GAL LIESCRErflON:
Am -
ACRES OF LAND. MORE ORLESS„ COT OF THE EPI4AIM € ANFOLIK)S IROt (
1RVEY, ABSTRACT 0 212r IN '1A lLL A SON COUNTY, Y, TE OAS, .A AND Si t i I SFS
NO,
NG OUT OF THAT CERTAIN 94.39 ACRE 11TACT OF LAND fSCERED F tRR i PIPE RP
VOLUME 657, PAGE 659, D RE 1 1 DS, LLEA COUNTY, FOUND HIGHWAY MONUMENT VHM
I E'XAS, AND 8L NG AU. of LOT 1, .:O A<, �EfN, L PLAT ' EASE P T 41NPOB
CHANDLER RETAIL. CE+1TER'F. A PROPOSED SUBDIVISION IN
ll eo�
MUJAM 7N: COUN Y. TEXAS:.
B=ound '"x IN CONC.,
N_W, C RNIR
65,7/659E
04.39 cm)
N 691 ]]*/�jj G r3
Lot 2 BI ch A
4250 acres
City of Round Rock
778/330
(14.64 ac)
Fc
KW_ CORNER
871/374 City of Round Rock
(C cac) 871/374
(2.0 ac)Fo 'd
LINE= COURSE AND DISTANCE C C S City of Round Rock Iron R
F 1 ._ DIRECTION _.I )STAN Z 871/369 S.W.CORNER
ER
E 11' (2.32ac) 9507
E 21
1471
N ..61` 1`i1" 1 17114'
215" E i_12r '.
z
0
Z
p -j
• EL 1
f
• I--
0
IroA Rid
N -E, CORNER
951/17
(2=0 ic)
"Tare undersigned does hereby
certify that the sketch heret i
was prepared from on octuo
Qrt–the-= nd surveyono! Um
it is true and erect to the
fest of tiny knowleige on this
the 15th do of August. 2005.
15,
0
• 59O407
..-• 87-1411'141
7 5 54'57423
S 22425439"
.114'2
11
373_45*
29.1
69.60*
79.37
S 071056 .m
L11fS 1E"22' W
3
13 S 684171
..
L14 S 63"50 35
L15 5 64"23151'W—
RADIUS
44.,
,60
37.'2
4,
L16 SS. 74.07w,
L17 N 34'45'51
S
5
114 N 1446
RPLS 4324
27.
EXHIBIT B
LIEN HOLDER CONSENT
There is no lien holder of record with regard to the Property as of the date of this
Agreement.
Exhibit "C-1"
Exhibit "C-2"
Exhibit "C-3"
Exhibit "C-4"
Exhibit "C-5"
Exhibit "C-6"
Exhibit "C-7"
Exhibit "C-8"
Exhibit "C-9"
EXHIBIT C
LANDSCAPING
Overall Landscape Concept Plan
Entry Feature Landscaping
Enhanced Perimeter Landscaping (Plan)
Enhanced Perimeter Landscaping (Profile)
Service Area Screening (Plan)
Service Area Screening (Profile)
Representative Plant Palette
Masonry Theme for PUD's 59 and 60
Existing Gas Line & Easement
NOTE: This Exhibit is a cxinreptaai representation of the sandstapeirg requirements included in the text a€ this PUD and does rem. reflect actu: tree protection and mitigation requirements.
All or RECORDERS MEMORANDUM
partof the text on this page was not
clearly legible for satisfactory recordation.
0
•
M
V V
Z o.,
— 1—
CC w LU
V ce - w
en .ce m.: fi: ce
VN
6 Cl -Z
Q Cl- a s g_14Q w
V VLd U Vu O &Z
_---4...3--tri _ — . Yyi...._ n
>a as accw g w
Q >
tWii� w `- Jw� awo
03
LL
4-0Q)
U
O
U
a)
u
V)
-J
715
Q�
0
DATE: AUGUST 2, 2005
.61
a
qt
:0
RECORDERS MEMORANDUM
All or part of the text on this page was not
clearly legible for satisfactory recordation.
NOTE This .a.htbit is a conceptual representation of the landscapeing requireiments included in the text of this PU and does not reflect actual tree protection and mitigation requirements.
• to 4.;
• 0 tx3
4- a
cl
O • 1
(J)
tf,
LJ
0
E
4/-•
-9.
(.9
<
(.6 <
1
, 2
I z w
tu
ce ce
Ln
E-
RECORDERS MEMORANDUM
All or part of the text on this page was not
clearly legible for satisfactory recordation.
NOTE; This Exhibit is a conceptual representation of the iandscapeing re.wirernerits included in the text of this PU6 and does not reflect actuai tree protection and mitigation requirements.
RECORDERS MEMORANDUM
All or part of the text on this page was not
clearly legible for satisfactory recordation.
NOTE; Tanis &titbit is a eonceptuai esentation of the Lands -calving requirements included in the text of this PUD and does not reflect actual tree protection and mitination. rcgthrenients.
O
1 I N
tY
O
z
.{J
J
4)
tri
DATE: AUGUST 2, 2005
c•^
0—
Of) Of)
u d'
N I
V
-a)
=
1uJ
as
LU
0
NOTE: This Exhibit is a conceptual representation of the tandscapeing requirements included in the text of this PUD and does not reflect actual tree protection and mitigation requirements.
_,`
SECTION C
USER
z
RECORDERS MEMORANDUM
All or part of the text on this page was not
clearly legible for satisfactory recordation.
tL
z
O
w
cc
w
w
j
0
0
cta
la
411 ktl
g b O
0'
zwv
wa
va
4.11 co
6
0 O oc
DJ cc
0u-
1- W
w
_1 J
a
ISECTION B
1
co
0
z
0
J
DATE: AUGUST 2, 2005
NOTE: This
htt is a conceptual representation Cf the iandscapeing iequiremeins included in the text of this KID and does out reflect actual tree protection and mitigation requirements.
ro
to M
RECORDERS MEMORANDUM
All or part of the text on this page was not
clearly legible for satisfactory recordation.
0
Z
DATE: AUGUST 2, 2005
v
o_
E
0
sa
rmation Lllow is
User - Lot 1
NOTE: This Exhibit is a cxinteotc
on of the iandsrapeirg requirements included in the text of this POD and does eot reflect ecxuai tree erot:ction and nritigatian rec{uareme.nts.
0
W
S
iV
z Oul
Q' = N Q w a tn
Z
z y
w
y pp y- W z M OM
V > 0 2'
a Q N EE N = LI -aa 13-‹ W Q ce
y J ' Q O ox.. -7._ a y ag V y W
5:,---‹ � y a J y -j U Z M z o Q a t t 7 24''
I-wyyy��_1> I�ZQO �V pUZU=Qa y0�
=2Eaa.Z�ZQ� MZU W Q :=_>-:::Q vyiOpZ gy W �� W
C7 ww>�Z V o,n Qm n dl-
W�Qr����W" z ate= p�zzww=ZUQ>ama�WOa�av�ZC7wayW�Qopv;O L> W y W>LLQQ �iCOa'--1w0 tnZ�pt7gwOOprrygZ=O ov pZZOyN pO Z> W-WOC7a—.—i
}O—aiwp��=fig >, r -UJ . S pa-- uni sUJ O,nw=V w
W J V U W� 2 a W N L ty/f 00 i..- Z J • w � `i ' E2 =a Z C- ag+ J
'QN�trt yrG�� W JANWNQtW4 O1-wdJ pE.-(Yj
} a' W m•
' w�S jj�j �yy�=�}=- (Q7z ' �{=I--Q ZZ uj W . on on ' Vl
w 5,; U<, . ,_ Jrl'y>---w .--g tj �Zw ZZ ce 0-0 ,,,,,,,,>-
,4
-2o,�-,f5-z
yy� w Yrra Qp����' N-JJul �w�m 1-1 , ap:o
��pla7}a FW' w W,_2E W u <0cKaa=�" 0�'.f.m�Y-11IQ J
m 2 a Z W w Z 7, o == J Z bi X X Q Q m Z Ce ce
<
=aC3UW vv v 2E0m� cezv2Ei�2E Zamc3UU lU
y 0 C. >
u -o
m
di
m
ti
z g
0 0
Z V -J
u- in
Q n-
aCO M an mag a 3 =w tn
m c m Qz,Jn w� z Q,With}Q-,~i,
`o �Q 1-�iY z= gV ,nv
z�¢ -i z -a u WZAinoy
ZWM
1.:.<
CD
aiva1-t �owaaazz
�- Li oU-oa
o Z a y o LA oa o -iy Z2 a o m Q o y z a
AA 6
3. k) v w: v a v UJ UJ a n. i <X CD- w v
ao,-t-
�� - as V» y�y=-
�a0'cY � !,e,
wi2C) r,, ��0�>
MdpOj00 ' An a.. W s v`ni ��>-�H�v�i W
W Y re Wce UJ Q - e 114 a Ia-Q�Qa+Wna QOa%'p :E 2E W W=
�o ya 0d w�g=zV w0WCL-.uu 2�W V
a>OWW=moo zI�;IIQa a&gd 35
am.1-UUmm papa -1m Zz>-t-v>--I--t* :
y u o
NOTE: ALL PLANTS TO BE CONSISTANT WITH CORR APPROVED PLANT LIST
NOTE: ALL PLANTS TO BE CONSISTANT WITH CORR APPROVED PLANT LIST
User - Lot 1
a)
ttf
a
1
0
4J
ecs
v
v 1
T.
Q.
ce
DATE: AUGUST 2, 2005
E
RECORDERS MEMORANDUM
All or part of the text on this page was not
clearly legible for satisfactory recordation.
VIEW PROM PARKINQ a IN -36 NO
Masonry Theme for PUD's 59 and 60
EXHIBIT C-8:
EXISTING
GAS UNE
EXHIBIT C-9
EXISTING GAS LINE & EASEMENT
i
RECORDERS 1VIEMORANDUM
All or part of the text on this page was not
clearly legible for satisfactory recordation.
EX 30X30'
REGULATOR SITE r
1-
CHANDLERIROAD (COUNTY ROAD 114)
� I
w /� I/,
30GAS PIPELINE
/ /�' EASEMENT 741/371
/jf
/,
EXISTING
GAS LINE
EXISTING
GAS LINE
30' GAS PIPELINE
EASEMENT 741/371
EXISTING
GAS LINE
30' GAS PIPELINE
EASEMENT 741/371
i
1
1
LOT 1, BLOCK A
2094 ACRES
LOT 2, BLOCK A
42.50 ACRES
__‘v
30' GAS PIPELINE
EASEMENT 741/371
\XJSTING
GAS LINE
11
EXHIBIT D
SIGNAGE
Exhibit "D-1" Signage Locations (Signs la - 9b)
Exhibit "D-2" Signage Locations (Signs 10a -10c, Flags, Highway Sign)
Exhibit "D-3" Sign Dimensions (Signs la - 8a)
Exhibit "D-4" Sign Dimensions (Sign 9)
Exhibit "D-5" Sign Example Content (Signs la - 4c)
Exhibit "D-6" Sign Example Content (Signs 5a - 9b)
Exhibit "D-7" Parking Aisle Identification Signs
Exhibit "D-8" Flags
Exhibit "D-9" Highway Sign
Exhibit "D-10" Building Signage
RECORDERS MEMORANDUM
All or part of the text on this page was not
clearly legible for satisfactory recordation.
111.11111111
99 SPACES
1111111111x11111111
m
x
0
31VDS O110N
USER
ROUND ROCK, TEXAS
RECORDERS MEMORANDUM
All or part of the text on this page was not
clearly legible for satisfactory recordation.
11111116 IN! 1111 'AIlUgllllll�llllllill�
99 SPACES Ea/
m
x
0
CJ
N
31VDS 0l1ON
USER
ROUND ROCK, TEXAS
00
ONIONVH sooaino VOil NOIS
MEM
m
0
VDS 0110N
ul
U0
z
0
v0
c0
Ti
RECORDERS MEMORANDUM
All or part of the text on this page was not
dearly legible for satisfactory recordation.
3
0
0
0
cx
th
0
z
0
JZ/
c
0
0
0
cg
SER
ROUND ROCK, TEXAS
z
0
70
0
c0
0
2 T4
0
0
0
c-4
0
0
•
z
I•3
24,
11 h
1
31VD5 O110N
=
t/S5.
USER
ROUND ROCK, TEXAS
SINGLE CART CORRAL AND SIGN BOARD
RECORDERS MEMORANDUM
A11 or part of the text on this page was not
clearly legible for satisfactory recordation.
1
E
S
Cr
0
N
0
z
0
D
a
0
c
v
oq 0
Z AA
Z `
o
S y
N
n
D
0
tn
0
z
0
D
O
0
c
0
0
H
2
O
Z
Z =�
"Z
i 0
Sv
o b
S m
31VDS O110N
O
z
0
D
v
0
C
-4
v
0
o O
1AC
Z G
i —1
O =
o =
S y
W
Q
USER
ROUND ROCK, TEXAS
ILORDERS MEMORANDUM
All or part of the text on this page was not
clearly legible for satisfactory recordation.
O
z
0
D
v
0
c
v
0
L A
Zr
Fc
0
S
F
DOUBLE CART CORRAL AND SIGN BOARD
COMMUNICATION LAYOUT
I SIGN BOARD OUTDOOR WITH MOUNTING PLATE
COMMUNICATION LAYOUT
SIGN BOARD OUTDOOR W
C
La It
q-
t
i MOUNTING PLATE 5
COMMUNICATION IAYOUT
r
0
Q
L
I SIGN BOARD OUTDOOR WITH MOUNTING PLATE C b SIGN BOARD OUTDOOR WITH MOUNTING PLATE
COMMUNICATION LAYOUT COMMUNICATION IAVOUT
SINGLE CART CORRAL AND SIGN BOARD
COMMUNICATION LAYOUT
SIGN BOARD HANGING OUTDOOR
COMMUNICATION LAYOUT
front
Family friendly
'4 parking
bock
MEM
i
C s
24
Fp'
I
it
fD
a
P
c
1
12,
Q
front
Cart return
Lug
ilt
Pleo.,e IruVe your curl herr.
bock
SINGLE CART CORRAL AND SIGN BOARD 9b
COMMUNICATION IAYOUT
SIGN BOARD OUTDOOR
COMMUNICATION LAYOUT
C t
21 1
o
o
'Q
s a_
= 5
-'CQ
s 0
o
a
Ci
u
III X
a
S
Q
m
0
31VDS 0110N
USER
ROUND ROCK, TEXAS
RECORDERS MEMORANDUM
All or part of the text on this page was not
clearly legible for satisfactory recordation.
31VDS 0110N
RECORDERS MEMORANDUM
All or part of the text on this page was not
clearly legible for satisfactory recordation.
USER
ROUND ROCK, TEXAS
0
rn
0
a
Cr
D
•
79-
D
A
rn
O
--
d
FLAGS
4,_6"
EXHIBIT D-8
C)Piaa View
SGlt 9(32 t'•0'
HIGHWAY SIGN
EXHIBIT D-9
NOIIV M13IS3M
1
U)
rq
7'
g
tO
4
BUILDING SIGNAGE
1
4
1
4
0
RECORDERS MEMORANDUM
All or part of the text on this page was not
clearly legible for satisfactory recordation.
EXHIBIT D-10
0
0
0
0
0
DRIVEWAY ACCESS
715' 8"
CNANDLKR ROD (.M. 1434)
EXHIBIT E
18'-5"
PUD 64
DRIVEWAY "Q"
47
NATE:
DRIVEWAY DESIGNATIONS AS PER APPROVED
T.I.A. ON RLE WITH 1}IE (Y OF ROUND RCXX
DIRECTOR OF IMPORTATION SERVICES
EXHIBIT F
AFFIDAVIT OF SALE
BEFORE ME, the undersigned authority personally appeared
known to me to be the person whose name is subscribed to this Affidavit,
of , which entity purchased the approximately 20.94 acres
described in City of Round Rock PUD No. 64 (the "Property"), who being duly sworn,
on oath, deposed and stated the following:
1. My name is . I am above the age of 18 years, of sound
mind, have never been convicted of a felony or crime of moral turpitude, and am fully
qualified to make this Affidavit.
2. I am authorized to make this Affidavit in the capacity of
of , a
owner of the Property that is described in the foregoing instrument ("Owner").
3. I have personal knowledge of the facts contained herein as general partner
of the Owner of the Property. On the basis of my personal knowledge, after diligent
inquiry, I hereby attest that, as of the date of this Affidavit:
On , the "Sale" described in City of Round Rock PUD No. 64,
Section 11.3 occurred, pursuant to which Sale the Owner purchased the Property from
McNeil Consumer & Specialty Pharmaceuticals, a division of McNeil -PPC.
SIGNED, this day of
STATE OF
COUNTY OF
§
§
AFFIANT:
Subscribed, sworn to, and acknowledged before me on by
Notary Public, State of
Rezoning from LI to PUD 64
20.94 Acres
Subject Tract
20.94 acres
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2005084111
10/20/2005 04:35 PM
CARRILLO $236.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
Pleased re cord 2 re_,.i fo
AGREEMENT AND DEVELOPMENT PLAN
IKEA PUD
PLANNED UNIT DEVELOPMENT NO. 64
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
THIS AGREEMENT AND DEVELOPMENT PLAN (this "Agreement") is made and
entered by and between the CITY OF ROUND ROCK, TEXAS, a Texas municipal
corporation, having its offices at 221 East Main Street, Round Rock, Texas 78664
(hereinafter referred to as the "City"), and Cerco Development, Inc., its successors and
assigns, having their offices at 221 West 6th Street, Suite 1300, Austin, Texas 78701
(hereafter referred to as the "Owner").
WHEREAS, the Owner is the owner of certain real property consisting of
approximately 20.94 acres, as more particularly described in Exhibit "A", (herein after
referred to as the "Property") attached hereto and made a part hereof.
WHEREAS, The Owner has submitted a request to the City to rezone the Property as a
Planned Unit Development (the "PUD").
WHEREAS, pursuant to Chapter 11, Section 11.316(8), of "the Code" (as defined in
Article II, Section 1 below), the Owner has submitted a Development Plan setting forth
the development conditions and requirements within the PUD, which Development
Plan is contained in Section II of this Agreement; and
WHEREAS, the City has held two public hearings required by law to solicit input from
all interested citizens and affected parties; and
WHEREAS, on August 24, 2005, the City's Planning and Zoning Commission
recommended approval of the Owner's application for a PUD; and
WHEREAS, the City Council has reviewed the proposed Development Plan and
determined that it promotes the health, safety, and general welfare of the citizens of
Round Rock and that it complies with the intent of the Planned Unit Development
Ordinance of the City;
NOW THEREFORE BY THIS AGREEMENT WITNESSETH that, in consideration of
the covenants and conditions set forth herein, the City and the Owner agree as follows:
5-9 - oS d jcca,
-1-
I.
GENERAL PROVISIONS
1. CONFORMITY WITH DEVELOPMENT PLAN
That all uses and development within the Property shall conform to the Development
Plan included in Section II herein.
2. CHANGES AND MODIFICATIONS
No changes or modifications will be made to this Agreement or the Development Plan
unless all provisions pertaining to changes or modifications as stated in Section II.15
below are followed. The depictions of the locations of the building, parking, and drive.
aisles on the exhibits attached hereto in connection with the landscaping and signage
provisions of this Agreement (Sections II.10 and 11 below) are primarily to provide
context for the relevant landscaping and signage provisions, and may not correspond in
all respects with the final locations of such improvements as described in connection
with an application for site plan approval (and such final location, if different from the
general representation in the attached exhibits, shall not be deemed a "change" or
"modification" within the meaning of this Section I.2).
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, "the Code"
(as defined in Article II, Section 1 below).
4. LIEN HOLDER CONSENT
There is no lien holder of record with regard to the Property as of the date of this
Agreement.
5. MISCELLANEOUS PROVISIONS
5.1 Assignment
Neither party may assign its rights and obligations under this Agreement
without having first obtained the prior written consent of the other which
consent shall not be unreasonably withheld. This section - shall not prevent
Owner from selling or leasing the Property or portions of the Property, together
with all development rights and obligations contained in this Agreement and
-2-
Development Plan. No consent shall be required in connection with such sale or
assignment of the Property, in part or in whole, provided the purchaser or
assignee assumes Owner's obligations in writing as to such portions of the
Property, upon which assumption the Owner shall be released from any further
obligations hereunder.
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
Cerco Development, Inc.
221 West 6th Street
Suite 1300
Austin, Texas 78701
Attn: Jeff Newberg
CITY OF ROUND ROCK
City of Round Rock, Texas
221 East Main Street
Round Rock, Texas 78664
Attn: Director of Planning
5.10 Appeal of Administrative Decisions
Administrative decisions provided for in this Agreement may be appealed to the
City Council in writing within fourteen (14) days following receipt by Owner of
the written confirmation of the decision.
5.11 Binding Effect
This Agreement and the Development Plan binds and benefits the Owner and its
successors and assigns, and runs with the land.
II.
DEVELOPMENT PLAN
1. DEFINITIONS
Words and terms used herein shall have their usual force and meaning, or as defined in
the Code of Ordinances (1995 Edition) as amended through and including the date of
this Agreement, but not afterward, City of Round Rock, Texas, hereinafter referred to as
"the Code."
2. PROPERTY
This Development Plan ("Plan") covers approximately 20.94 acres of land, located
-4-
within the city limits of Round Rock, Texas, and more particularly described by metes
and bounds in Exhibit "A".
3. EFFECTIVE DATE
Prior to the effective date of this Agreement, (i) the Property was zoned "LI", and (ii)
the City Council approved this Agreement subject to all of the terms and conditions
contained herein. Notwithstanding the base zoning district identified for the Property
in Section 5.1, and notwithstanding Sections 6 (Permitted Uses) and 7 (Prohibited Uses)
below, all "LI" zoning district permitted uses and all applicable regulations shall be
allowed on the Property until the closing (i.e., delivery of title and purchase funds) of
the sale of the Property by McNeil Consumer & Specialty Pharmaceuticals, a division of
McNeil -PPC, to Cerco Development, Inc. or its assigns pursuant to the contract between
them (the "Sale"), on which Sale date all of Sections 5 through 17 of this Agreement
shall apply. The purchaser at the Sale shall submit to the City an affidavit in the form
attached hereto as Exhibit "F" stating that the Sale has occurred.
4. PURPOSE
The purpose of this Plan is to ensure a PUD that 1) is equal to or superior to
development that would occur under the standard ordinance requirements, 2) is in
harmony with the General Plan, as amended, 3) does not have an undue adverse effect
upon adjacent property, the character of the neighborhood, traffic conditions, parking,
utilities or any other matters affecting the public health, safety and welfare, 4) is
adequately provisioned by essential public facilities and services, and 5) will be
developed and maintained so as not to dominate, by scale or massing of structures, the
immediate neighboring properties or interfere with their development or use in
accordance with any existing zoning district.
5. APPLICABILITY OF CITY ORDINANCES
5.1 Zoning and Subdivision Ordinances
The Property shall be regulated for purposes of zoning and subdivision by this
Plan. All aspects not specifically covered by this Plan shall be regulated by
applicable sections of the Code. Except as provided otherwise in this Agreement,
the base zoning district for the Property is "C-1" (General Commercial).
Notwithstanding the foregoing, if there is a conflict between this Agreement and
Plan and the Code, this Agreement and Plan shall supersede the specific
conflicting provisions of the Code.
-5-
5.2 Other Ordinances
All other Ordinances within the Code shall apply to the Property, except as
clearly modified by this Plan. In the event of a conflict, the terms of this
Agreement shall control.
6. PERMITTED USES
The base zoning district for the Property shall be "C-1" (General Commercial) under the
Code, subject to the terms of this Agreement. The Property shall be developed for use
as a single destination retail use occupying a building of at least 252,000 square feet
(including any ancillary uses inside the building) that is expected to draw its customer
base from an approximately 75 -mile or more radius centered on the building.
The Property may be used for periodic temporary outdoor sales events, such as
Christmas tree sales, patio furniture sales, etc., and such use does not require a
temporary use permit from the City, provided such sales events are ancillary to a
permitted primary use, and provided further that such sales events occur no more often
than four (4) times per year, and no longer than fifteen (15) days per event.
Development standards for outdoor sales specified in the Code shall apply to these
sales events. The area to be used for such outdoor sales events shall be designated on
plans submitted in connection with site plan approval and shall not cause the loss of
any designated parking spaces. If outdoor sales events utilize sidewalk space, a
minimum width of five (5) feet of the sidewalk must remain clear of obstructions to
allow unimpeded pedestrian movement.
The following principal uses are permitted on the Property:
• Retail Sales and Services (as a single destination retail use as described above)
• Wireless Transmission Facility, Stealth
• Wireless Transmission Facility, Attached
• Park, Private
• Park, Linear/Linkage
• Park, Regional/Community
• Park, Neighborhood
The following uses are permitted as ancillary uses in the primary building:
• Eating Establishments
• Day Care
In connection with a recycling use ancillary to a permitted use (which recycling use is
hereby permitted as and to the extent described in this paragraph), Owner may locate
and maintain up to two (2) thirty-foot (30') trailers at the rear of the building for
-6-
recycling purposes. Such trailers may be moved to and parked at the dock doors, at
Owner's option, to permit loading/unloading.
7. PROHIBITED USES
The following uses are prohibited on the Property except as otherwise noted:
• Amusement parks or carnivals
• Automotive & machinery repair
• Automotive & machinery services
• Automotive & machinery washes
• Automotive parts sales
• Automotive rental
• Automotive sales
• Billiard parlors & pool halls
• Boat sales
• Camper sales
• Campgrounds
• Donation centers
• Flea markets
• Gasoline & fuel sales
• Grocery stores
• Heavy equipment sales, rental & leasing
• Industrial building sales
• Kennels
• Manufactured home sales
• Mini warehouses
• Pawn shops
• Portable building sales
• Recreational vehicle parks
• Recycling centers (as primary use; permitted as ancillary use as described above)
• Sale of used goods (except antiques and estate sales)
• Self -Storage
• Sexually oriented businesses
• Shooting ranges
• Tattoo parlors
• Truck service or repair
• Truck stops
• Trucking terminals
• Video arcades
• Wireless Transmission Facility, Self -Standing
-7-
8. ADDITIONAL USES
All other uses that are not specifically addressed in this ordinance will require an
amendment in accordance with Section 15, below.
9. EXPANDED DEVELOPMENT
Owner may request, and the City will at that time consider in accordance with Section
15, below, a future expansion of the enclosed area of the primary building originally
constructed by up to 50,000 square feet, which additional enclosed area may be
proposed as expansions of one or more of the then existing sides of such building. Any
such request by Owner shall include a description of how such an expansion will satisfy
site planning concerns, including with regard to parking, traffic circulation,
landscaping, and design features of the building.
10. LANDSCAPING
In accordance with Section 11.314 of the Round Rock Zoning Ordinance, the following
landscaping and buffering standards shall apply to those portions of the Property
addressed below instead of otherwise applicable Code sections, City regulations or City
policies. All other landscaping issues not specifically addressed in this Section 10 shall
be regulated by applicable Code sections, City regulations or City policies.
10.1 General Requirements
As an alternative to the street yard requirements established in the Round Rock
Zoning Ordinance, the Property shall offer the following landscape amenities:
• Enhanced entry feature (as shown in Exhibits C-1 and C-2).
• Enhanced landscaping along the perimeter of the Property, particularly along
the IH -35 frontage road and Chandler Road (as shown in Exhibits C-1, C-3,
C-4, C-5 and C-6).
• Additional islands and medians in and along drives and in the parking areas
(as shown in Exhibit C-1).
• Additional screening of service area (as shown in Exhibits C-1, C-5 and C-6).
Trees shall be planted to avoid interference with streetlights, signage and other
fixtures.
Trees shall be kept out of street intersection sight triangles at a minimum of
thirty-five (35) feet by thirty-five (35) feet as measured from the face of curb.
-8-
Trees shall be planted no less than five (5) linear feet from City water and
wastewater lines.
Trees shall be planted no less than five (5) linear feet (whether horizontal or on
an angle) from fire hydrants.
Caliper size, height, measurement and other specifications referenced in this
Agreement shall be as specified in the Round Rock Zoning Ordinance, the Round
Rock Tree Standards Technical Manual and the Overall Landscape Plant Palette,
attached hereto as Exhibit "C-7".
10.2 Entry Feature Landscaping
A landscaped median island between fourteen (14) feet and fifty (50) feet in
width, as measured from back of curb to back of curb, shall be provided down
the centerline of the primary entrance drive, substantially in accordance with
Exhibits "C-1" and "C-2".
At a minimum, landscaping in the entry median island, as it is identified in
Exhibit "C-2", shall consist of an average of one (1) small tree per 30 linear feet of
the entry median island plus ornamental grasses, ground covers and shrubs as
conceptually depicted in Exhibit "C-2".
At a minimum, landscaping in both sides of the entry planting area, as it is
identified in Exhibit "C-2", shall consist of an average of one (1) large or medium
tree per 50 linear feet of planting area plus ornamental grasses, ground covers
and shrubs as conceptually depicted in Exhibit "C-2".
Landscaping adjacent to other driveway entrances that are outside the boundary
of the Property shall include small trees, shrubs and grasses and shall be
consistent with the overall landscape design theme for each entrance.
10.3 Enhanced Perimeter Landscaping
A license agreement from the City and/ or TxDOT is required prior to any
improvements in the public right-of-way.
Landscaping between the primary entrance drive and Chandler Road shall be in
accordance with Exhibits "C-3" and "C-4", and shall include, at a minimum, an
average of one (1) large tree per 20 linear feet, one (1) conifer per 35 linear feet,
and one (1) small tree per 10 linear feet. Shrubs, grasses and groundcover shall
be planted as conceptually depicted in Exhibits "C-3" and "C-4".
-9-
Landscape and irrigation within TX DOT right-of-way shall be installed,
irrigated, and maintained by means, methods and standards as governed by TX
DOT.
10.4 Service Area Screening
As depicted in Exhibits "C-5" and "C-6", a screening wall shall be provided
along Chandler Road behind the service area. The screen wall shall be a
minimum of seven (7) feet in height. The side of the screen wall facing Chandler
Road shall have a stone face similar to the stone required for buildings in PUD's
59 and 60, as conceptually depicted in Exhibit "C-8".
Landscaping in front of the screen wall and along Chandler Road shall be in
accordance with Exhibits "C-5" and "C-6", and shall include, at a minimum, an
average of one (1) large tree per 35 linear feet, one (1) conifer per 60 linear feet,
and one (1) small tree per 40 linear feet. Shrubs, grasses and groundcover shall
be planted as conceptually depicted in Exhibits "C-5" and "C-6".
Landscape buffer and screening requirements established in the Code for
ground -mounted equipment, dumpsters, trash receptacles, refuse storage
containers, loading docks, substations, large utility cabinets, and similar
structures located behind the screen wall shall not apply to the Property.
The City shall assume responsibility to replace any landscaping removed in the
gas line easement shown in Exhibit "C-9", if, because of the actions of the owner
of said gas line easement, any or all of said landscaping is removed and not
replaced by the owner of said gas line easement. Further, in the event, but only
to the extent, that the owner of said gas line easement legally prevents the
planting of some or all of such landscaping, the landscaping required in this
Section 10.4 may be modified as a minor amendment in accordance with Section
15.1 as long as adequate screening is provided through the use of higher
quantities of smaller plantings, screen walls, decorative trellises or other
landscape features.
10.5 Open Space
All areas which do not contain buildings, structures, parking lots, sidewalks, site
furniture or other improvements, including, but not limited to, front, side and
rear building set back areas, and all areas between the curb line and the property
line, must be planted and landscaped in accordance with this Section. All such
landscaped areas not planted in groundcover or shrub beds shall be planted in
grasses. Over seeding in fall with cool season native grasses is allowed.
Utility easements shall be landscaped consistent with other landscape areas, to
the extent allowed by the respective utility company.
11. SIGNAGE
Except to the extent that this Agreement provides for signage regulation that is in
conflict with the Code, the signage regulations of the Code shall apply to the
Property. In the event of a conflict between the Code and this Agreement, the
provisions of this Agreement shall control.
For purposes of this Agreement, "sign area" is defined as the number of square
feet contained within the smallest single polygon that will encompass the actual
lettering and any logo on one face of the sign (a logo may be measured using a
separate polygon or circle from that containing the lettering). The portions of a
structure on which the sign is located are not counted as part of the sign area
provided they are not contained within the polygon.
Unless otherwise provided herein, all free-standing signage on the Property shall
be powder coated aluminum framed with galvanized steel posts and shall be
externally illuminated.
With the exception of the Highway Sign permitted in Section 11.10, changes in
the location or appearance of signs described in this Section 11, as well as
changes in the number, size, or height of signs that differ no more than ten
percent (10%) from the standards set forth below may be administratively
approved by the Zoning Administrator.
11.1 Location
All signs on the Property shall be located and spaced in accordance with the
provisions of this Agreement and generally as shown in Exhibit "D-1" and "D-
2". Any and all setback requirements of Table 3.1403 of the Code shall be
deemed satisfied if signage is located in accordance with this Agreement.
All Entrance Signs, Information Signs, and Family Friendly Signs (as described
below) shall be located on a landscaped island, median or other landscaped area
on the Property.
11.2 Entrance and Exit Signs
For the purposes of directing traffic to the entrances and exits of the store and of
providing information on store hours, five (5) double -sided Entrance and Exit
Signs may be installed and maintained by Owner at the approximate locations
-11-
shown in Exhibit "D-1" for signs la, 2a, 2b, 2c and 3a.
Entrance and Exit Signs shall not exceed fifteen (15) feet in height.
The face or sign area of each Entrance and Exit Sign shall not exceed ninety (90)
square feet.
Approximate sign dimensions for sign 1a are shown in Exhibit "D-3" in diagram
1. Approximate sign dimensions for signs 2a, 2b and 2c are shown in Exhibit "D-
3" in diagram 2. Approximate sign dimensions for sign 3a are shown in Exhibit
"D-3" in diagram 3.
Example sign content for signs la, 2a, 2b, 2c and 3a is shown in Exhibit "D-5".
Entrance and Exit Signs shall be externally illuminated, as shown in Exhibit "D-
3" in diagrams 1, 2 and 3.
11.3 Information Signs
For the purpose of providing purchasing information, three (3) double -sided
Information Signs may be installed and maintained by Owner within one
hundred fifty (150) feet of the front doors of the building, generally located as
shown in Exhibit "D-1" for signs 4a, 4b and 4c.
Information Signs shall not exceed eleven (11) feet in height.
The face or sign area of each Information Sign shall not exceed forty-two (42)
square feet.
Approximate sign dimensions for signs 4a, 4b and 4c are shown in Exhibit "D-3"
in diagram 4.
Example sign content for signs 4a, 4b and 4a is shown in Exhibit "D-5".
Information Signs shall be externally illuminated, as shown in Exhibit "D-3" in
diagram 4.
11.4 Service Signs
For the purpose of advertising special services offered by the store, seven (7)
double -sided Service Signs may be installed and maintained by Owner at the
approximate locations shown in Exhibit "D-1" for signs 5a, 5b, 5c and 5d.
-12-
Service Signs shall not exceed eleven (11) feet in height.
The face or sign area of each Information Sign shall not exceed thirty (30) square
feet.
Approximate sign dimensions for signs 5a, 5b, 5c and 5d are shown in Exhibit
"D-3" in diagram 5.
Example sign content for signs 5a, 5b, 5c and 5d is shown in Exhibit "D-6".
Service Signs shall be externally illuminated, as shown in Exhibit "D-3" in
diagram 5.
11.5 Family Friendly Parking Signs
For the purpose of identifying a special parking area for families, three (3)
double -sided Family Friendly Parking Signs may be installed and maintained by
Owner at the approximate locations shown in Exhibit "D-1" for sign 6a.
Family Friendly Parking Signs shall not exceed seven (7) feet in height.
The face or sign area of each Family Friendly Parking Sign shall not exceed
twelve (12) square feet.
Approximate sign dimensions for sign 6a are shown in Exhibit "D-3" in diagram
6.
Example sign content for sign 6a is shown in Exhibit "D-6".
Family Friendly Parking Signs shall not be externally illuminated by lighting
associated with the signs.
11.6 Loading Zone Signs
For the purpose of identifying the loading zone, five (5) double -sided Loading
Zone Signs may be installed and maintained by Owner at the approximate
locations shown in Exhibit "D-1" for sign 7a.
Loading Zone Signs shall be hung at a height not less than twelve (12) feet above
finished grade.
The face or sign area of each Loading Zone Sign shall not exceed twelve (12)
square feet.
-13-
Approximate sign dimensions for sign 7a are shown in Exhibit "D-3" in diagram
7.
Example sign content for sign 7a is shown in Exhibit "D-6".
Loading Zone Signs shall not be externally illuminated by lighting associated
with the signs.
11.7 Cart Return Signs
For the purpose of identifying cart return areas, double -sided Cart Return Signs,
may be installed and maintained by Owner in the cart return areas in the
approximate locations shown in Exhibit "D-1" for signs 8a, 9a and 9b.
Cart Return Signs shall not exceed ten (10) feet in height.
The face or sign area of each Cart Return Sign shall not exceed eighteen (18)
square feet.
Approximate sign dimensions for signs 8a, 9a and 9b are shown in Exhibits "D-
3" and "D-4" in diagrams 8 and 9.
Example sign content for signs 8a, 9a and 9b are shown in Exhibit "D-6".
Cart Return Signs shall not be externally illuminated by lighting associated with
the signs.
11.8 Parking Aisle Identification Signs
For the purpose of identifying parking aisles, Parking Aisle Identification Signs
may be installed and maintained by Owner in the parking areas as conceptually
depicted in Exhibit "D-2" for signs 10a, 10b and 10c.
Parking Aisle Identification Signs shall not exceed twenty (20) feet in height and
shall be hung at a height not less than twelve (12) feet above finished grade.
The face or sign area of each Parking Aisle Identification Sign shall not exceed
twenty-two (22) square feet.
Approximate sign dimensions and example content for signs 10a, 10b and 10c are
shown in Exhibit "D-7".
-14-
Parking Aisle Identification Signs shall not be externally illuminated by lighting
associated with the signs.
11.9 Flags
For the purpose of identifying the entrances to the Property, Flags may be
installed and maintained by Owner in the approximate locations shown in
Exhibit "D-2".
Flags shall not exceed thirty (30) feet in height and shall be hung at a height not
less than twelve (12) feet above finished grade.
The face of each flag shall not exceed sixty (60) square feet.
Approximate flag dimensions and example content for the flags are shown in
Exhibit "D-8".
11.10 Highway Sign
For the purpose of identifying the site from IH -35, one (1) pylon sign located
along IH -35 in the area shown on Exhibit "D-2" may be installed and maintained
by Owner. Such a sign pole may not exceed ninety (90) feet in height, with the
top of the sign itself no more than eighty (80) feet from the ground. At Owner's
election, such sign may have three sides, and the retail identification sign face on
each side, whether two or three, may not exceed twelve by fifty feet (12' x 50').
Approximate sign dimensions and example content for the Highway Sign are
shown in Exhibit "D-9".
11.11 Building Signage
Notwithstanding any otherwise applicable provision of the Code to the contrary,
building signage, including a fifteen by forty-five foot (15' x 45') banner sign,
shall be designed, sized and located generally in accordance with Exhibit "D-
10", attached hereto for illustrative purposes but not as a precise signage plan.
12. DESIGN STANDARDS
Except as may be specifically set forth to the contrary in this Agreement, the
Property shall be developed pursuant to the design, compatibility, height, buffer
yard, and all other standards (but not the use categories) applicable to the "C-1"
zoning district under the Code; provided, however, that the Owner may elect to
adopt more restrictive standards for any given aspect of such development.
-15-
12.1 Exterior Surfaces
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, or as otherwise provided herein)
Exterior walls may consist of brick, stone, stucco, decorative concrete masonry
unit (CMU), split face concrete block or concrete tilt wall, or similar material
approved in writing by the Zoning Administrator. Painted pre -finished metal
architectural panels may be used as decorative features, for example to highlight
the entrance area of a building. Unfinished concrete (painted or unpainted) may
be used around the base of the primary building up to a maximum height of
forty inches (40") above finished floor elevation.
The primary building may be painted in a color scheme that constitutes trade
dress or advertising for the occupant of such building, and shall not be counted
against any signage area allotments or limits otherwise applicable to the
Property.
12.2 Building Design
The primary building shall not be required to have at least fifteen percent (15%)
of a wall facing a public street consist of windows and/or entrance areas, and no
walls of such building shall be required to include details that create shade and
cast shadows.
Notwithstanding any provision of the Code to the contrary, the primary building
is not required to include architectural offsets as described in Section 11.409(4)(e)
of the Code, and may, at Owner's option, include uninterrupted lengths in excess
of one hundred feet (100').
In addition, sidewalks are not required along the western boundary of the
Property abutting the IH -35 frontage road.
13. UNDERGROUND UTILITY SERVICE
Except where approved in writing by the Chief of Public Works Operations, all
-16-
electrical, telephone and cablevision distribution and service lines, other than overhead
lines that are three phase or larger, shall be placed underground. All transformers must
be visually screened.
14. DRIVEWAY ACCESS AND CIRCULATION
14.1 Driveway Access
Driveway access shall be permitted in accordance with the approved Traffic
Impact Analysis on file with the Director of Transportation Services and
generally in accordance with the locations depicted in Exhibit "E", subject to site
plan approval.
14.2 Driveway Throat Lengths
Primary driveways off of the public rights-of-way adjacent to the Property, as
"primary" is determined by the City of Round Rock Director of Transportation
Services (Director), shall provide a minimum driveway throat of one hundred
(100) feet. No parking spaces or internal access drives shall intersect with such
primary driveways within this throat unless otherwise approved by the Director
in connection with site plan approval. Throat length of primary drives shall be
measured from edge of pavement.
14.3 Drive Aisles
Main drive aisles serving for both primary circulation and parking or
loading/unloading shall have a minimum width of thirty (30) feet. All other
two-way drives shall have a minimum width of twenty-four (24) feet. All drives
shall meet minimum standards required by the City of Round Rock Fire
Department.
15. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN
15.1 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.
15.2 Major Changes
All changes not permitted under Section 15.1 above shall be resubmitted
-17-
following the same procedure required by the original PUD application.
16. CONCEPT PLAN APPROVED
Approval of this Agreement constitutes Concept Plan approval under the City
Subdivision Ordinance.
17. GENERAL PLAN 2000
This Agreement amends the Round Rock General Plan 2000, which was adopted on
June 10, 1999.
Cerco Development, Inc.
By: rName: °-� -3 .
Title: g \I e
Date: ((3 I "' S
CITY OF ROUND ROCK, TEXAS
ATTEST:
By:
Christine Martinez, City Secretary
-18-
LIST OF EXHIBITS
EXHIBIT DESCRIPTION
Exhibit "A" Metes and Bounds Description of Property
Exhibit "B" Lien Holder Consent
Exhibit "C-1" Overall Landscape Concept Plan
Exhibit "C-2" Entry Feature Landscaping
Exhibit "C-3" Enhanced Perimeter Landscaping (Plan)
Exhibit "C-4" Enhanced Perimeter Landscaping (Profile)
Exhibit "C-5" Service Area Screening (Plan)
Exhibit "C-6" Service Area Screening (Profile)
Exhibit "C-7" Representative Plant Palette
Exhibit "C-8" Masonry Theme for PUD's 59 and 60
Exhibit "C-9" Existing Gas Line & Easement
Exhibit "D-1" Signage Locations (Signs la - 9b)
Exhibit "D-2" Signage Locations (Signs 10a -10c, Flags, Highway Sign)
Exhibit "D-3" Sign Dimensions (Signs la - 8a)
Exhibit "D-4" Sign Dimensions (Sign 9)
Exhibit "D-5" Sign Example Content (Signs la - 4c)
Exhibit "D-6" Sign Example Content (Signs 5a - 9b)
Exhibit "D-7" Parking Aisle Identification Signs
Exhibit "D-8" Flags
Exhibit "D-9" Highway Sign
Exhibit "D-10" Building Signage
Exhibit "E" Driveway Access
Exhibit "F" Affidavit of Sale
-19-
EXHIBIT A
METES AND BOUNDS DESCRIPTION OF PROPERTY
Office: 512-481-9602
Fax: 512-330-1621
Page 1 of 2
Waterloo Surveyors Inc.
EXHIBIT "A"
September 12, 2005
Thomas P. Dixon
R.P.L.S, 4324
39802FN1
FIELD NOTES
FIELD NOTES. FOR 20,94 ACRES OF LAND, MORE OR LESS, OUT OF TIIE EPHRAIM EVANS
SURVEY, ABSTRACT NO, 212, IN WILLIAMSON COUNTY, TEXAS, SAME BEING OUT OF THAT
CERTAIN 94.39 ACRE TRACT OF LAND DESCRIBED IN VOLUME 657, PAGE 659, DEED RECORDS,
WILLIAMSON COUNTY, TEXAS, AND FURTHER BEING ALL OF LOT 1, BLOCK A, "FINAL PLAT
OF EAST CHANDLER RETAIL CENTER", A PROPOSED SUBDIVISION IN WILLIAMSON COUNTY,
TEXAS; FOR WHICH A MORE PARTICULAR DESCRIPTION BY METES AND BOUNDS IS AS
FOLLOWS;
BEGINNING at an iron rod set on the east R.O.W. of Interstate Highway 35 on the west line of said 94.39 acre tract at
the N.W. corner of Lot 1, Block A, "FINAL PLAT OF EAST CHANDLER RETAIL CENTER", for the N.W. corner
hereof, from which point an "X" found in concrete on the east R.O.W. of Interstate Highway 35 at the N.W. corner of
said 94.39 acre tract bears N14°46'52"E at a distance of 25.79 feet;
THENCE the following twelve (12) courses and distances crossing said 94.39 acre tract along the exterior boundary of
Lot 1:
I. N69°17'21"E for a distance of 263.66 feet to an iron rod set;
2. N75°05'45"E for a distance of 118.61 feet to an iron rod set;
3. N69°17'21"E fora distance of 268.81 feet to an iron rod set;
4. S65°39'08"E for a distance of 37.56 feet to an iron rod set;
5. S20°42'27"E for a.distance of 659.45 to a point of curvature of a curve curving to the right having a radius of
220.00;
6. 181.06 feet along the arc of said curve with a chord which bears S02°51'16"W for a distance of 175.99 feet to the
point of tangency of said curve;
7. S26°25'55"W for a distance of 77.42 feet to the point of curvature ofa curve curving to the right with a radius of
158.15 feet;
8. 118.48 feet along the arc of said curve with a chord which bears S47°51'43"W for a distance of 115.73 feet;.
9. S69°17'40"W for a distance of 685:29 feet to an iron rod set at the point of curvature ofa curve curving to the right
having a radius of 406.00 feet;
10, 175.04 feet along the are of said curve with a chord which bears S81 °38'25"W for a distance of 173.68 feet to an iron
rod set at the point ofa reverse curve curving to the left with a radius of 263:86 feet;
1, 28.49 feet along the arc of said curve with a chord which bears N88958'35"W for a distance of 28.47 feet to an iron
rod set at the point of tangency of said curve;
12. S88°03'21"W for a distance of 71.43 feet to a an iron rod set on the east R.O.W. of Interstate Highway 35 at the S.W.
corner of Lot I;
THENCE the following three (3) courses and along the east R.O.W. of Interstate Highway 35
1. NO2°03'55"W for a distance of 192.00 to a concrete highway monument founts at the point of curvature ofa curve
curving to the right with a radius of 1095.90 feet;
P.O. Box 160176
Austin, Texas 78716-0176
Office: 512-481-9602
Fax: 512--330-1621
Page 2 of 2
Waterloo Surveyors Inc.
EXHIBIT "A"
September 12, 2005
FIELD NOTES
Thomas P. Dixon
R.P.L.S. 4324
39802FN1
2. 398.72 feet along the arc of said curve with a chord which bears NO/3°19'14"E for a distance of 396.52 feet to a
concrete highway monument found at the point of tangency of said curve;
3. N14°46'51 "E for a distance of 435.92 feet to the POINT OF BEGINNIING, containing 20.94 acres of land.
1, the undersigned do hereby certify that the field notes hereon were prepared from art actual on -the -ground survey
under my direct supervision and that they are true and correct to the best of my knowledge.
Thomas P. Dixon R.P.L.S. 4324
P.O. Box 160176
Austin, Texas 78716-0176
LEGAL DESCRIPTION:
20.94 ACRES OF LAND, MORE OR LESS, OUT OF THE EPHRAIM EVANS
SURVEY. ABSTRACT NO. 212, IN WILLIAMSON COUNTY, TEXAS, AND
BEING OUT OF' THAT CERTAIN 94.39 ACRE TRACT OF LAND DESCRIBED
IN VOLUME 657, PAGE 659, DEED RECORDS. WILLIAMSON COUNTY,
TEXAS, AND BEING ALL OF' LOT 1, BLOCK A, "FINAL PLAT OF EAST rest chandler Road
CHANDLER RETAIL CENTER", A PROPOSED SUBDIVISION IN (Camay Road 1140
WILLIAMSON COUNTY, TEXAS.
Lot 3
Waterloo Surveyors Inc.
SURVEY PLAT
LEGEND
FOUND IRON ROD FIR
SET IRON ROD SIR
FOUND IRON PIPE FIP
FOUND HIGHWAY MONUMENT FHM
POINT OF BEGINNING POB
Found
Iron Rod SA?
N.W. CORNER
657/655 \.n,
10
Found
Iron Rod
N.W. CORNER
778/330
N
Block A
0.43 acres
v
POB
11
L7
J9802FN1
0
VI O
2
im
69'17244.93'21" ' 716:40
E
4CA
. 0142
m
1
128 y
(v).0 5,
130 N., 1 L32 c�K'
Lot 4 Block A
0.40 acres
0
UIK
r{mj0
0_1Z
N
NZ
m
Lot 1 Block A
20.94 acres
778/330
(14.64 ac)
City of Round Rock
118
%. Lot 2 Block A
42.50 acres
Found
Iron Rod
N.W. CORNER
871/374 `\
(2.0 ac)
•� Found
L6
0 Iron Rod FIP
'71? S.W.CORNER
; / Chandler Creek LP
N Oakmont Centre Sec. 5
F/139
951/17 !g
Lot 2, Bk B
LINE COURSE AND DISTANCE CALLS
UNE 1
DIRECTION
[DISTANCE
Lt
N 6917'21" E
662.03'
L2
S 20'55'19" E
21.00'
L3
S 20'42'27" E
59.59'
14
N 72'39'36" W
23.68'
L5
N 59'04'07" W
158.08'
L6
S 67'29'15" W
113.42'
L7
N 6917'21" E
676.88'
L8
S 22'25'39" W
29.15'
1.9
S 09'24'29" W
69.60'
110
S 07'36'56" E
79.37'
111
S 18'22'33" W
44.30'
L12
S 3595'54" E
226.60'
L13
S 6817'04" W
137.20'
L14
S 63'513'35" W
238.36'
415
S 64'23'51" W
164.56'
L16
S 71'07''09" W
229.88'
L17
N 34'45'51" W
530.13'
L18
S 75'23'51" W
171.67'
City of Round Rock
871/374 871/369
(2.0 oc) (2.32 oc)
L19
N 52'30'21" W
172.40'
L20
N $1'31'11" W
173.14'
121
S 02'03'55" E
112.67'
L22
S 02'03'55" E
134.53'
L23
N 02'03'55" W
192.00'
L24
N 14'46'52" E
435.92'
L25
N 14'46'52" E
25.79'
L26
N 6917'21" E
263.66'
L27 ,
N 75'05'45" E
118.61'
L28
N 6917'21" E
26$.81'
L29
S 65'39'08" E
37.56'
L30
N 69'17'33" E
74.82'
131
N 24'20'53" E
54.63'
L32
N 6917'21" E
563.47'
133
S 20'42'27" E
659.45'
L34
S 26/5'55" W
77.42'
L35
S 6917'4Q" W
685.29'
136
S 88'03'21" W
71.43'
CURVE
1 RADIUS
1 LENGTH i CHORD 1
BEARING
01
1095.90'
398. 2' 396.52'
N 0819'14" E
C2
220.00'
181.06' 175.99'
S 0251'16" W
03
158.15'
118.48' 115.73'
S 4751'43" W
C4
406.00'
175.04' 173.68'
S 8158'25" W
C5
263.86'
28.49' 28.47'
N 88'58'35" W
Chandler Creek LP
Oakmont Centre
Sec. 5, Bk 8, Lot 3
Found
Iron Rod
N.E. CORNER
951/17
(2.0 oc)
"THE UNDERSIGNED DOES HEREBY CERTIFY THAT
THE SKETCH HEREON WAS PREPARED FROM AN
ACTUAL ON -THE. ROUND SURVEY AND THAT
IS IT IS TRUE AN CORRECT TO THE BEST
OF MY KNOWLED ON THIS THE 12TH DAY
OF SEPTEMBER, 2 05."
Thomas P. Dixon R.P.LS. 4324
WATERLOO SURVEYORS INC.
P.Q. BOX 160176
AUSTIN, TEXAS 78716-0176
PHONE: (512) 481-9602
EXHIBIT B
LIEN HOLDER CONSENT
There is no lien holder of record with regard to the Property as of the date of this
Agreement.
Exhibit "C-1"
Exhibit "C-2"
Exhibit "C-3"
Exhibit "C-4"
Exhibit "C-5"
Exhibit "C-6"
Exhibit "C-7"
Exhibit "C-8"
Exhibit "C-9"
EXHIBIT C
LANDSCAPING
Overall Landscape Concept Plan
Entry Feature Landscaping
Enhanced Perimeter Landscaping (Plan)
Enhanced Perimeter Landscaping (Profile)
Service Area Screening (Plan)
Service Area Screening (Profile)
Representative Plant Palette
Masonry Theme for PUD's 59 and 60
Existing Gas Line & Easement
OTE; This Exhibit is a conceptua( represeritntion of the iandscapeing requireineots triciuded in the text of this PIM and dot- not reftect tictuzi! tree prot.ection arid rbitigntinn requirements.
—,*1441104
User - Lot 1
DATE: AUGUST 2, 2005
110TE: This Exhibit is a conceptual representation of the iandscaoeing requirements included in the text of this PM) and does not reed acimai 'tree protection and mitigation requirements,
DATE: AUGUST 2, 2005
NOTE; This rxhibit is a concept uat Fepresentatiori of the iandscapeMg requirements inciuded in the text of this PLM and does not reflect r.ctual tree protection and mitigation requirements.
User - Lot 1
DATE: AUGUST
NOTE; This Exhibit a conceptual representation of the landscapeing requirements included in the text of this Pig) and ds not reflect actual tree brotc:iction and mitigatiori requirements.
NOTE: This Exhibit is a conceptual representation of the landscapeing requirements included in the text of this PUD and does not reflect actual tree protection and mitigation requirements.
0
.4 -
co
I I
I 1
1 1 1 I
Z
=
IL)
—1 —
I
ce
LiJ
ce
H
—.41111
SECTION C
US
z 6
wz
u
v) 00
•
u
0 0
cc I—
LLJ
Z
0
I— W
Ce
.7.1 Zit
NIP
User - Lot 1
C\I
DATE: AUGUST 2, 2005
AU information show is based from sources deemed reliable and is is subject to change.
NOTE: This Exhibit is a conceptual representation of the iandscapeing requirements incturied in the text of this Pt.16 and does riot regent actual tree protection arid mittation requirements.
NOTE.; Th s Ex't bit is a :.orEc.^.DtunE
f Yhk'. IandSinciuded to the text of this PUG end
o 2 Z to ate` W cz
z v)J W a Z M y oe Z 5
m a "' 2 i =Linq Sao oa w
Li_p w a
'^tea O�'^> Ca7za w aQ~u O�Q tnOw
=�s`nzii zQ� rnzUw ~ ~Q �sOz vviw LQsw
(� �w W>d'Z_U Otnam f':::" Nz—>.- J.� f- -M I"" -ice
w lJt~n�Qm V �VI0 vi F-OQaZlai-vE"iwQ wOaU
�O �-wvtW>IWiQ a=W=N ' QQD=JI-• Q V'OJO(.7� WOo0
O LnLn `EC)�p2EO2 �aw2Ew`^ M , Q=NgQ ..,,,,0„.0=.
04.
1_,..L.0 q� s p y U J w� o a_ u N o. 0 w s v w
N▪ ZH ' ‹AZ=Wa wgM`now _iQQwQzw 0I -Lu f_v
>'wsxmov g ' ' cDv+x OZ'F- =Fuq Q - a owOILI ul nLU>-
a= az�cQ�'_ J"'�vt rW �3�w <w ?z�o�w�Zw
CD w�3> �sJw oaxm s Ove, 17�Z
Qi � LL N Jcn J w�11 Oa NO
11'1 p C7 Q u_lZ J W W J w U Q U' ceU U J_ r U 2n J F- m J Y- J
m 2E -..1. woZ vt �'_SJ Z d'
sB�O>w<OQ Q�»� W W W=W W 0 W W N( -Q J< o F- C)
R'd Ca c) W c'v1 d'tn z:c)m`L �zU2E2EF-2E 2E <2 m CDUU2Ev,U
vxi 0 a >
m
d5
0
Z
Z
O O
U J
z w in
a z
..-.7
m z i -
a di -4C a LI xw N
tid d w i V -� Q' W W W Q F-
m Q m ..0— m= N a�N~a
L 0 z ag=q gu
0» < .i Z—Q ZU wo tnOJ„
F=Q- axaa Oaf =I= 1Q_Eiz=Zi"?
zzo mww=1 uv, UQ~vui 2wa0-pwzZ
OUZ�v~i®o� �N��xo O°�ao�zQ
�LIt.) Lnm � u��oa� �UWav,W
e- cc c) u ''c a - d a J - a O N„U S H
ce v>> stns
��dd�2)v)� ODUvwi=O Mn `222 "
S} '''' . S _ w U w
Ow Q Y r = M W w a YVI ~ w FJ" Q uww
'"d»0 WaawgW FW��-�Zsv'Iw-
w ' woSZ ' wuu- cc _iOX��xoQa
ce Q a w h Q O Z N} 1- Z � 2' --1 S
w waY LU ce CL ww
w OZ�naZpd wOgz¢o Z. W av,v'wv
o>Oww=no Z2wUUQa aQccwwwww �
aJ2E UUmm p<J<-im Z)- I-
ZU►-1— :3
v) 22 u 0
NOTE: ALL PLANTS TO BE CONSISTANT WITH CORR APPROVED PLANT LIST
NOTE: ALL PLANTS TO BE CONSISTANT WITH CORR APPROVED PLANT LIST
User - Lot 1
n
DATE: AUGUST 2, 2005
2
NW AT MAIN ENTRY
VW,1.1"
z
EXISTING
GAS LINE
EXHIBIT C-9
EXISTING GAS LINE & EASEMENT
i
EX. 3030'
REGULATOR SITE r
r-
CHANDLER1 I R0AD (COUNTY ROAD 114)
EX/STING
GAS LINE
EXISTING
GAS LINE
30' GAS PIPELINE
EASEMENT 741/371
EXISTING
GAS LINE
30' GAS PIPELINE
EASEMENT 741/371
_ 30' GAS PIPELINE
EASEMENT 741/371
LOT 1, BLOCK A
20.94 ACRES
i
LOT Z BLOCK A
42.50 ACRES
30' GAS PIPELINE
EASEMENT 741/371
EXISTING
GAS LINE
I �
EXHIBIT D
SIGNAGE
Exhibit "D-1" Signage Locations (Signs la - 9b)
Exhibit "D-2" Signage Locations (Signs 10a -10c, Flags, Highway Sign)
Exhibit "D-3" Sign Dimensions (Signs la - 8a)
Exhibit "D-4" Sign Dimensions (Sign 9)
Exhibit "D-5" Sign Example Content (Signs la - 4c)
Exhibit "D-6" Sign Example Content (Signs 5a - 9b)
Exhibit "D-7" Parking Aisle Identification Signs
Exhibit "D-8" Flags
Exhibit "D-9" Highway Sign
Exhibit "D-10" Building Signage
1 1 IN 1 1 140
11111 1 1 1 11 1 1 U
USER
ROUND ROCK, TEXAS
31VDS 0110N
,71
USER
ROUND ROCK, TEXAS
021V09 NOIS aNV1VNOD MVO
00
ONIONVH Nooaino CINVOEI NOIS
••I
m
7
CA)
0
3
(DS
tn.
0
CA
a
0
z
0 0
0
a
0
0
"ti
th
USER
ROUND ROCK, TEXAS
0
z
0
c
0
0
P, 0
-4
alVDS 0110N
USER
ROUND ROCK, TEXAS
SINGLE CART CORRAL AND SIGN BOARD
2
S
41.
0
4
0
O
z
co
0
D
A
0
0
L O
8 =
z
o =
$ y
Q
O
0
m
X
v
N
c
M
A
1
0
cm
0
z
0
D
z
v
O
C
-1
v
0
no O
8 =
0
z r
o
o
y
GJ
Q
USER
ROUND ROCK, TEXAS
C7
0
c
r-
0 0
D
z
8v
z G)
az
zo
sD
°s v
co
Q
n
0
CD
C
0
V 1
0
c
c
m
a
z
0
ti
0
PO
D
D
z
o v
Z
=o
o D
s
sO
Q
0
1
(D
0
5.
0
z
0
D
v
Z
0
A o
C
o
S 0 0
V`
Q
cr
CD
•�
O
0
0
5
m N
EO
CD
m
t3'
C7
Os
31VDS 0110N
m
CD N
CD
o
USER
ROUND ROCK, TEXAS
V 1
Q
c
fll
c
s.
R
C3—
V
c
0
m
F
n
z
1
c
PI n
„z„ -•
Q
31VDS 0110N
CD
(1.1
CS:1
USER
ROUND ROCK, TEXAS
POLE MARKER
DETAIL
- t
1 i ,.....,
0
0
POLE MARKER
DETAIL
>
z
t , 1
›
.... ,
0
0-
>
....... 1
,[.
--
0
n 44A
>
FLAGS EXHIBIT D-8
ONsa View
Scale 3/32•= 1%0•
HIGHWAY SIGN
EXHIBIT D-9
NOI1VA3131S3M
U)
RI
n
CO
N
1
0
0
O
O
0
rn
r
rn
0
Z
^�
M
11)1
en
No
C
EN
INN
EN
NE
1111
11111
EN
INN
NEI
11111
MI
INN
INN
-i
1111
EN
IN
Ell
NI
EN
11111
11111
11111
1..,_
■
•
•
0
0
0
0
0
0
0
CD
O
0
0
rn
r-
0 O
Z
BUILDING SIGNAGE EXHIBIT D-10
0
0
0
0
0
0
0
0
0
0
DRIVEWAY ACCESS EXHIBIT E
CHANDLER ROAD (F.M. 1434)
18'-5"
PUD 64
DRIVEWAY "Q"
esv
NOTE
DRWEWAY DESIGNATIONS AS PER APPROVED
T.I,A ON FILE WITH THE CITY OF ROUND ROCK
DIRECTOR OF TRANSPORTATION SERVICES
AFFIDAVIT OF SALE
BEFORE ME, the undersigned authority personally appeared Jeffrey S. Newberg,
known to me to be the person whose name is subscribed to this Affidavit, Eiec..
of EGP Retail Management, LLC, general partner of McNeil Retail, Ltd. (the assignee of
Cerco Development, Inc.), which entity purchased the approximately 20.94 acres
described in City of Round Rock PUD No. 64 (the "Property"), who being duly sworn,
on oath, deposed and stated the following:
1. My name is Jeffrey S. Newberg. I am above the age of 18 years, of sound
mind, have never been convicted of a felony or crime of moral turpitude, and am fully
qualified to make this Affidavit.
2. I am authorized to make this Affidavit in the capacity of
of EGP Retail Management, LLC, a Texas limited liability company,
general partner of McNeil Retail, Ltd., a Texas limited partnership, owner of the
Property that is described in the attached Exhibit "A" ("Owner").
3. have personal knowledge of the facts contained herein asof the general partner of the Owner of the Property. On the basis of
my personal knowledge, after diligent inquiry, I hereby attest that, as of the date of this
Affidavit:
On September 15, 2005, the "Sale" described in City of Round Rock PUD No. 64, Section
II.3 occurred, pursuant to which Sale the Owner purchased the Property from McNeil
Consumer & Specialty Pharmaceuticals, a division of McNeil -PPC.
SIGNED, this day of September, 2005.
STATE OF TEXAS
COUNTY OF TRAVIS
§
§
AFFIANT:
rey S. Newberg
Subscribed, sworn to, and acknowledged before me on September
Jeffrey
NANCY VANHEMERT
Notary Public, State of Texas
My Commission Expires
March 28, 2009
A
Notary Pit
-1-
lie, State of
2005, by
Ore: 512-481-9602
Pax: 512-330-1621
Page 1 of
Waterloo Surveyors Inc.
Thomas P. Dixon
R:P.L.S, 4324
EXHIBIT "A" .19802FN1
September 12, 2005
PWLD NOTES
FIELD NOTES. FOR 20.94 ACRES OF LAND, MORE OR LESS, OUT OF THE EPHRAIM EVANS
SURVEY, ABSTRACT NO. 212, IN WILLIAMSON COUNTY, TEXAS, SAME BEING OUT OF THAT
CERTAIN 94.39 ACRE TRACT OF LAND DESCRIBED IN VOLUME 657, PAGE 659, DEED RECORDS,
WILLIAMSON COUNTY, TEXAS, AND FURTHER BEING ALL OF LOT 1, BLOCK A, "FINAL PLAT
OF EAST CHANDLER RETAIL CENTER", A PROPOSED SUBDIVISION 1N WILLIAMSON COUNTY,
1IXAS; FOR WHICH A MORE PARTICULAR DESCRIPTION BY METES AND BOUNDS IS AS
FOLLOWS;
BEGINNING at an iron rod set on the east R.O.W. of Interstate Highway 35 on the west line of said 94.39 acre tract at
the N.W. corner of Lot 1, Block A, "FINAL PLAT OF EAST CHANDLER RETAIL CENTER", for the N.W. corner
hereof, from which point an "X" found in concrete on the east R.O.W. of Interstate Highway 35 at the N.W. corner of
said 94.39 acre tract bears N14°46'52"E at a distance of 25.79 feet;
THENCE the following twelve (12) courses and distances crossing said 94.39 acre tract along the exterior boundary of
Lot 1:
1. N69°17'21 "E for a distance of 263.66 feet to an iron rod set;
2. N75°05'45"E for a distance of 118.61 feet to an iron rod set;
3. N69°17'21"E fora distance of 268.81 feet to an iron rod set;
4. S65°39'08"E for a distance of 37.56 feet to an iron rod set;
5. S20°42'27"E for a distance of 659.45 to a point of curvature of a curve curving to the right having a radius of
220.00;
6. 181.06 feet along the arc of said curve with a chord which bears S02°51' 16"W for a distance of 175.99 feet to the
point of tangency of said curve;
7. S26°25'55"W for a distance of 77.42 feet to the point of curvature of a curve curving to the right with a radius of
158.15 feet;
8. 118.48 feet along the arc of said curve with a chord which bears S47°51'43"W for a distance of 115.73 feet;
9. S69°17'40"Wfor a distance of 685:29 feet to an iron rod set at the point of curvature of a curve curving to the right
having a radius of 406.00 feet;
10, 175;04 feet along the arc of said curve with a chord which bears S81 °38'25"W for a distance of 173.68 feet to an iron
rod set at the point of a reverse curve curving to the left with a radius of 263.86 feet;
11.. 28.49 feet along the arc of said curve with a chord which bears N88°58'35"W for a distance of 28.47 feet to an iron
rod set at the point of tangency of said curve;
12. S88°03'21 "W for a distance of 71.43 feet to a an iron rod set on the east R.O.W. of Interstate Highway 35 at the S.W.
corner of Lot 1;
THENCE the followingthree (3) courses and along the east R.O.W. of Interstate I-lighway 35:
1. NO2°03'55"W for a distance of 192.00 to a concrete highway monument found at the point of curvature of a curve
curving to the right with a radius of 1095.90 feet;
P.O. Box 160176
Austin, Texas 78716-0176
Office: 512-481-9602
Fax: 512-330-1621
Page 2 of 2
Waterloo Surveyors Inc.
EXHIBIT"A"
September 12, 2005
FIELD NOTES
Thomas P. Dixon
R.P.L.S.4324
39802FN1
2. 39832 feet along the arc of said curve witha chord which bears N089 9'14"E for a distance of 396.52 feet to a
concrete highway monument found at the point of tangency of said curve;
3. N14°46'51 "E for a distance of 435.92 feet to the POINT OF BEGINNING, containing. 20.94 acres of land.
I, the undersigned do hereby certify that the field notes hereon were prepared from an actual on -the -ground survey
under my direct supervision and that they are true and correct to the best of my knowledge.
Thomas P. Dixon R.P.L.S. 4324
PD. Box 160176
Austin, Texas 78716-0176
LEGAL DESCRIPTION:
20.94 ACRES OF LAND, MORE OR LESS, OUT OF THE EPHRAIM EVANS
SURVEY, ABSTRACT NO. 212, IN WILLIAMSON COUNTY, TEXAS, AND
BEING OUT OF THAT CERTAIN 94.39 ACRE TRACT OF LAND DESCRIBED
IN VOLUME 657, PAGE 659, DEED RECORDS, WILLIAMSON COUNTY,
TEXAS, AND BEING ALL OF LOT 1, BLOCK A, "FINAL PLAT OF EAST
CHANDLER RETAIL CENTER", A PROPOSED SUBDIVISION IN
WILLIAMSON COUNTY. TEXAS.
LEGEND
FOUND IRON ROD FIR
SET IRON ROD SIR
FOUND IRON PIPE FIP
FOUND HIGHWAY MONUMENT FHM
POINT OF BEGINNING POB
/Found
ron Rod $/R
N.W. CORNER�n,
657/655
Found
Iron Rod
N.W. CORNER
778/330
FHM
v
FHM
Waterloo Surveyors Inc.
SURVEY PLAT
rest Chandler Road
(County Road 114)
Lot 3 Block A
10.43 acres
L1
L26 127
55
Found "X" IN CONC.
N.W. CORNER
657/659
(94.39 oc)
Lot 1 Block A
20.94 acres
436 41.
C.4 SSR L35
Ai•
CS se, C3
2D
•
Svc
Svc
118
778/330
(14.64 ac)
City of Round Rock
Found
Iron Rod
N.W. CORNER
871/374
(2.0 oc)
LINE COURSE AND DISTANCE CALLS
LINE I
DIRECTION
1 DISTANCE
L7
N 69'17'21" E
662.03'
L2
S 20'55'19" E
21.00'
13
S 20'42'27" E
59.59'
L4
N 72'39'36" W
23.68'
15
N 59'04'07" W
158.08'
L6
S 67'29'15" W
113.42'
L7
N 69'17'21" E
676.88'
L8
5 22'25'39" W
29.15'
L9
S 09'24'29" W
69.60'
L10
S 07'36'56" E
79.37'
111
S 18'22'33" W
44.30'
112
S 3515'54" E
226.60'
113
S 6$17'04" W
137.20'
L14
5 63'50'35" W
238.36'
115
S 64'23'51" W
164.56'
116
S 71'07'09" W
229.88'
L17
N 34'4'51" W
530.13'
118
5 75 23'51" W
171.67'
SSR
M
J
J9802FN1
N 6917'21" E
244.93'
L7 4r
130 s 1 L32 R,�J
Lot 4 Block A
0.40 acres
Lot 2 Btock A
42.50 acres
P �`L
\�-4
3" 1.1
Qs S g 3 3 45 •`' FIR
/R L6 !,.
0 NR• Found
�0 Iron Rod VIP�
/ F• /R S.W. 51 CORNER !g
FR /R �h
�--�. Lot 2, Bk 8
Chandler Creek LP
N Oakmont Centre Sec. 5
F/139
s
ra
W
IN
Lot 2 Btock A
42.50 acres
•
116 Lt5 h L14 53
6 L13
City of Round Rock
871/374 871/369
(2.0 oc) (2.32 oc)
119
N 52'30'21" W
172.40'
L20
N $131'11" W
173.14'
121
S 02'03'55" E
112.67'
L22
S 02'03'55" E
134.53'
123
N 02'03'55" W
192.00'
124
N 14'46'52" E
435.92'
125
N 14'46'52" E
25.79'
L26
N 6917'21" E
263.66'
L27
N 75'05'45" E
118.61'
L28
N 6917'21" E
268.81'
L29
S 65'39'08" E
37.56'
L30
N 69'17'33" E
74.82'
131
N 24'20'53" E
54.63'
L32
N 6917'21" E
563.47'
133
S 20'42'27" E
659.45'
L34
S 26'25'55" W
77.42'
135
S 6917'40" W
685.29'
L36
S 88'03'21" W
71.43'
CURVE
I RADIUS
1 LENGTH
1 CHORD
1 BEARING
C1
1095.90'
398.72'
396.52'
N 0819'14" E
C2
220.00'
181.0e
175.99'
S 02'51'16" W
C3
158.15'
118.48'
115.73'
S 47'51'43" W
C4
406.00'
175.04'
173.68'
5 81438'25" W
C5
263.86'
28.49'
28.47'
N 88'5$'35" W
Chandler Creek LP
Oakmont Centre
Sec. 5, Bk 9. Lot 3
0
U
p LOT 1
0
4Z1 O
Atilt
111010
C'0
0 In
44- 141
m
0
D
Fl
p^Z
-I- -I
NZn
rrl
NZ
m
Found
Iron Rod
N.E. CORNER
951/17
(2.0 oc)
"THE UNDERSIGNED DOES HEREBY CERTIFY THAT
THE SKETCH HEREON WAS PREPARED FROM AN
ACTUAL ON -THE "OUND SURVEY AND THAT
IS IT IS TRUE AN CORRECT TO THE BEST
OF MY KNOWLEOG ON THIS THE 12TH DAY
OF SEPTEMBER, 2 05."
Thomas P. Dixon RP. L. S. 4324
WATERLOO SURVEYORS INC.
P.Q. BOX 160176
AUSTIN, TEXAS 78716-0176
PHONE: (512) 481-9602
RECORDED
DOCUMENT
FOLLOWS
Mil
uOI
110
II0II0II0Iu
110
110
III AMEN
6 PGS
2007099460
ADMINISTRATIVE AMENDMENT TO PUD 4, AMENDMENT No. 4
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY
Mayor
Nyle Maxwell
Mayor Pro -tem
Alan McGraw
Councilmembers
Rufus Honeycutt
Joe Clifford
Carlos T. Salinas
Scott Rhode
Kris Whitfield
City Manager
James R. Nuse, P.E.
City Attorney
Stephan L. Sheets
November 15, 2007
Lexor Homes, Inc.
P.O. Box 202304
Austin, TX 78720-2304
Attn: Larry Magehee
Osvaldo Frias
25331 Orellano Way
Laguna Hills, CA 92653
RE: Administrative Amendment to PUD 4, Amendment No. 4 — Driveway orientation
Dear Mr. Magehee & Mr. Frias:
Further to your request for an administrative modification of the alternative driveway
design in PUD 4, Amendment No. 4 (Forest Creek), we have made the following
administrative amendments as provided for by Section 11.1 of the Agreement and
Development Plan.
• The following shall be inserted at the end of Section 3.3 — Garages, of Exhibit "C" —
Permitted Uses and Development Standards:
Map C -1A contains an alternative design which shall be allowed for use on the
following lots where shared driveways are required: Lots 12 & 13, 14 & 15, 16 & 17
and 18 & 19. The location and construction of driveways shall be subject to the
review and approval of the City Engineer.
The City of Round Rock may, but shall not be required to, restore or reconstruct
any portion of a driveway that is disturbed due to future activity by the City to
construct, reconstruct or otherwise maintain the City's wastewater services to the
lots. Where the City of Round Rock elects to provide said restoration or
reconstruction, the City shall determine the limits of such restoration or
reconstruction, including the methods and materials to be utilized, and the City
shall not be held liable to exactly match the color, surface texture, or material of
that portion of the driveway not disturbed. Where the lot owner is not satisfied
with any driveway restoration or repair performed by the City that the City deems
satisfactory, or where the City elects not to restore or repair a driveway that is
disturbed, the lot owner's sole remedy shall be to provide the driveway
restoration or repair at his/her sole expense. The City of Round Rock shall not be
held liable for driveways constructed over any portion of a City wastewater
service. Not withstanding the foregoing, all driveways at the lots are privately
owned and the City of Round Rock has no responsibility or liability to construct,
reconstruct, or otherwise maintain any portion of any driveway.
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.roundrocktexas.gov
ADMINISTRATIVE AMENDMENT TO PUD 4, AMENDMENT No. 4
• The following sentence shall be inserted at the end of Section 8 — Parking, of Exhibit
"C" — Permitted Uses and Development Standards:
Additional guest parking spaces shall be provided within the landscape easement
identified on Map C-2. The parking spaces may be located within the easement on
the following lots: 12, 13, 14, 15, 16, 17, 18 and 19. A minimum of six guest
parking spaces shall be provided within the landscape easement. The location of the
guest parking spaces shall include protection of existing trees, as required by Section
5.3. The parking spaces within the landscape easement shall be maintained by the
Homeowners Association, as required by Section 5.3. Construction of the parking
spaces shall be required before a Certificate of Occupancy on the fifth lot is issued.
The location and construction of the guest parking spaces shall be subject to the
review and approval of the Director of Planning and the City Engineer.
• Map C -1A (on following page) shall be inserted immediately following Map Cl.
ADMINISTRATIVE AMENDMENT TO PUD 4, AMENDMENT No. 4
5t
a
'OA S TE WATER
SERVICE -
VERIFY
LOCATION
IN FEILD
{
r
(WASTE WATER
SERVICE -
VERIFY
LDCATION
IN FEILD
r `�
MAP C -1A
FLANK SHOWING ADDITIONAL PERMITTED DRIVEWAY CONTIGURATM
ADMINISTRATIVE AMENDMENT TO PUD 4, AMENDMENT No. 4
The above amendment will allow for a minor modification to the driveway design on
Lots 12 & 13, 14 & 15, 16 & 17 and 18 & 19. This modification allows for an
alternative design for access. Guest parking spaces are also required.
Sincerely,
Stendebach, AICP
Director of Planning
Daniel Halden, P.E.
City Engineer
THE STATE OF TEXAS
COUNTY OF WILLIAMSON §
Charles Crossfield
City Attorney
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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 1 ' day of
, 2007.
THE STATE OF TEXAS
§
COUNTY OF WILLIAMSON §
( Notary Public Signature
VIRGINIA M. MORENO
MY COMMISSION EXPIRES
January 11, 2008
BEFORE ME, the undersigned authority, on this day personally appeared Daniel 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 I. dayof
L�er�i2e� , 2007.
Notary Public Signature
VIRGINIA M. MORENO
MY COMMISSION EXPIRES
January 11, 2008
ADMINISTRATIVE AMENDMENT TO PUD 4, AMENDMENT No. 4
THE STATE 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 ,) (i -day of
( is :",t,k r3Er , 2007.
AGREED TO BY OWNER:
Lexor Homes, Inc.
B
Notary Public Signature
State of Texas
y Magel
Authorize Representative
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
BEFORE ME, the undersigned authority, on this day personally appeared Larry
Magehee, known to me to be the person whose name is subscribed to the foregoing
instrument as the owner of Lots 13, 14, 15, 16, 17, 18, 19 and 20 of the Forest Creek,
Section 23 subdivision, 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 02 ? day of
weif 4k, 2007.
Notary Public Sigi ure
State of Texas
.a° Y.E1 GERALD WESLEY BRAWLEY
Notary Public, State of Texas d
My Commission Expires
NOV. 27, 2010
ADiv1!NISTRAT[vE AMENDMENT TO PUD 4, AMENDMENT NO. 4
AGREED TO BY OWNER:
Osvaldo Frias
By:
Osvaldo Frias
THE STATE OFCALIFORNIA §
COUNTY OF ORANGE §
BEFORE ME, the undersigned authority, on this day personally appeared Osvaldo Frias,
known to me to be the person whose name is subscribed to the foregoing instrument as
the owner of Lot 12 of the Forest Creek, Section 23 subdivision, 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
/VOCI :mini 2007.
CRISTINA RIOS
Commission # 1487508
Notary Public - California t
Orange County
My Comm. Expires May 3, 2008
AFTER RECORDING, PLEASE RETURN TO:
City of Round Rock
Planning Department
301 W Bagdad Suite 210
Round Rock, TX 78664
day of
Notary Public Signature
State of California
FILED AND RECORDED
OFFICIRL PUBLIC RECORDS 2007099460
11/30/2007 04:20 PM
SURRATT $36.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
.E6o1;4D
ADMINI
-V*o uowc
•
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY
Mayor
Alan McGraw
Mayor Pro -Tem
Carlos T. Salinas
Councilmembers
Craig Morgan
George White
Joe Clifford
John Moman
Kris Whitfield
City Manager
Steve Norwood
City Attorney
Stephan L. Sheets
August 8, 2011
Mr. Gary A. Ternes
President
IKEA Property, Inc.
420 Alan Wood Road
Conshohocken, Pennsylvania 19428
IIIIIIIIIIIIIIIIII11111 111111111 11111IIIIIIIIIIIIIIIIII 16RPG5
ALA 18 2011
2011053996
-i
RE: Administrative Amendment to PUD 64, Expanded Development and
Parking Deck (Amendment No. 3)
Dear Mr. Ternes:
Further to your request for an administrative modification of PUD 64 (IKEA) to
accommodate the expanded development contemplated in Section 9 of the
Development Agreement ("Agreement"), we have made the following
administrative amendments as provided for by Section 1 5..1 of the Agreement.
All of these amendments are made to the Development Plan.
1. The following shall be added to Section 6 — Permitted Uses, as an
ancillary use which is permitted:
Warehouse.
2. The first sentence in Section 9 — Expanded Development shall be
deleted in its entirety and replaced with the following:
Owner may request, and the City will at that time consider in accordance
with Section 15, below, a future expansion of the enclosed area of the
primary building originally constructed by up to 55,000 square feet,
which additional enclosed area may be proposed as expansions of one or
more of the then existing sides of such building.
3. The following shall be added to the bullet point list in Section 10.1 —
Landscaping — General Requirements
• Parking deck landscaping screening (as shown in Exhibit C-10).
CITY OF ROUND ROCK PLANNING AND DEVELOPMENT SERVICES, 301 W. Bagdad • Round Rock, Texas 78664
Planning 512.218.5428 • Development Services 512.218.7043 • Code Enforcement 512.341.3329 • www.roundrocktexas.gov
4. A new Section 10.6 shall be added to Section 10 — Landscaping:
10.6 Parking Deck Landscape Screening
As conceptually depicted in Exhibit "C-10 ", landscape screening shall be
provided along and in front of the perimeters of the Parking Deck
Structure, and shall include, at a minimum:
• Along the South perimeter — five (5) small trees at 30' on center.
• Along the East perimeter - nine (9) small trees at 36' on center.
• Along the North perimeter — three (3) large trees.
• Along the West perimeter (at the edge of the existing parking lot) —
seven (7) small trees at 36' on center and five (5) large trees at 36'
on center.
Shrubs, grasses and groundcover shall be planted to provide screening
of lower level vehicles as depicted in Exhibit C-10.
5. The following shall be added as the last sentences of the first paragraph of
Section 11.1 - Location:
Exhibits D-1 and D-2 generally show the location and spacing of all free-
standing signs on the Property. The addition of the square footage for
the expanded development and parking deck will cause the location and
spacing of signs located in those areas and surrounding areas to change.
Signs can be relocated on the Property without amending Exhibits D-1
and D-2.
6. The first sentence in Section11.11 — Building Signage shall be deleted in
its entirety and replaced with the following:
Notwithstanding any otherwise applicable provision of the Code to the
contrary, building signage, including a fifteen by forty-five foot (15' X
45) banner sign, shall be generally designed, sized and located in
accordance with Exhibit D-10 and Exhibit D-10.1, attached hereto for
illustrative purposes but not as a precise signage plan.
7. The first sentence in the second paragraph in Section 12.1 — Design
Standards — Exterior Surfaces shall be deleted in its entirety and
replaced with the following,
Exterior walls may consist of brick, stone, stucco, decorative concrete
masonry unit (CMU), split face concrete block, precast concrete panels
or concrete tilt wall, or similar material approved in writing by the
Zoning Administrator.
2
8. The following two paragraphs shall be added to the end of Section 12.1 —
Design Standards — Exterior Surfaces:
The materials for the parking deck are conceptually depicted in Exhibit
E-1. The parking deck will be generally designed in accordance with
Exhibit E-1, attached hereto for illustrative purposes, but not as a precise
design and materials plan.
The materials for the expanded development are conceptually depicted in
Exhibit E-2. The expanded development will be generally designed in
accordance with Exhibit E-2, attached hereto for illustrative purposes,
but not as a precise design and materials plan.
9. The following shall be added to Section 14 — Driveway Access and
Circulation:
14.4 Parking Ratio
The parking ratio is 1:265.
10. Exhibit C-1 — Overall Landscape Concept Plan and Exhibit C-2 —
Entry Feature Landscaping, are hereby replaced with the attached
Exhibit C-1 and Exhibit C-2.
11. Exhibit C-10 — Parking Deck Landscape Screening — Elevation, is
hereby added, as attached.
12. Exhibit D-10 — Building Signage is hereby replaced with the attached
Exhibit D-10.
13. Exhibit D-10.1 — Parking Deck Signage, is hereby added, as attached..
14. Exhibit E-1 — Expanded Development Materials, is hereby added, as
attached.
15. Exhibit E-2 — Parking Deck Materials — Elevation, is hereby added, as
attached.
16. The List of Exhibits is hereby replaced with the List of Exhibits, as
attached.
3
Peter Wysoc
Charles Crossfield
Planning D rector City Attorney
Al(11p„,,
Brad Wiseman, AICP
Development Services Manager
4
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
BEFORE ME, the undersigned authority, on this day personally appeared Peter
Wysocki, known to me to be the person whose name is subscribed to the
foregoing instrument as the Planning Director 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 1 t— day of
AuGusr , 2011.
g4 ili . DIANE BUCK
t,= Nobly Public, State of Texas
tip f myExpues
'ar:F►4;r= APRIL 25, 2014
N1�11�N�
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
cLca-v--
Notary Public Signature
State of Texas
BEFORE ME, the undersigned authority, on this day personally appeared Brad
Wiseman, known to me to be the person whose name is subscribed to the
foregoing instrument as the Development Services Manager 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 1 t— day of
jt ,usr , 2011.
.o. ff? DIANE BUCK
* ' �.. j•s Notary Pubic. State of Texas
�+',� r��t APRMY IL 25, 20 4
Notary Public Signature
State of Texas
5
THE STATE 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 I day of
AuGusr , 2011.
AGREED TO BY OWNER:
IKEA Round Rock
B
eits.vce_d
ary A. Ternes, President
Authorized Representative
THE STATE OF PENNSYLVANIA
COUNTY OF MONTGOMERY
Notary Public Signature
State of Texas
BEFORE ME, the undersigned authority, on this day personally appeared
Gary A. Ternes, known to me to be the person whose name is subscribed to
the foregoing instrument as an Authorized Representative for IKEA Round
Rock, 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 OFFICE, this the day of
, 2011.
Notary Public Signature
State of Timasliwasi,
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Patrida C�eslinsid, Notary Public
Plymouth TWP., Montgomery County
Commission pores
MCNaek,ANt�#rmon o lnniifEs
6
0
J
r
LARGE SHRUB, TYP
SMALL TREE, TYP
EAST ELEVATION
1
NORTH ELEVATION
WEST ELEVATION
KEA ROUND ROCK- Lot 1
0
02)
on
• r-
11)
11)
t.i
CU
0_
on
OZI
0:1
LJ
c
4
•
SVX31 )IJ021 GNno21
d3Sfl
� C
o
o:rz
c
u
!N J
Q
s
z
r
6
.t
111111111111111(1111111(1111111111111111p111111Il1
~ N
1111 Ie1H 1111114111 j ,
A
r r
.t
0 ►► 0
=9 Q
4
,.
4?.
.1 o og
r
CJ Y Si� ► O i�
..o
D - r
I if
tY
1
II1IIII6_.'II11I 1111 IIU116111119111111111L
C71111111111111111111 I I I LI 1111111 f1111111111
[of
i
J
m
x
v
0
0
o
n
8 co
W
USER
ROUND ROCK, TEXAS
J
1
0
0
c)
X
N
0
NOIIVA313 H128ON
i d,
;I:
1111
N
11 II
VIII
BUILDING SIGNAGE
9NI011l8 V3)II ONU.SIX3
ONIOl1f18 M3N
0
NOIIVA313 H1l0S
1
•
gr
m
7
.
NOISN31X3 9NIalIne M3N
9NIOlil8 V3)II ONIlSIX3
EXHIBIT D-10 (REVISED)
7
o
NO!1VA313 1S3M
NOLLVA313 H1JON
PARKING DECK SIGNAGE EXHIBIT D-10.1
NOIIVA313 H1flOS
0
1
.61
11
gi
hi
1
1
KEA ROUND ROCK- Lot 1
a)
LLI
05
a) I—
to• ' 1
E
o • w
a)
a)
cu
nci
LLJ
eL
If
Pg
01
li
iI
NORTH ELEVATION
KEA ROUND ROCK- Lot 1
Exhibit "A"
Exhibit "B"
Exhibit "C-1"
Exhibit "C-2"
Exhibit "C-3"
Exhibit "C-4"
Exhibit "C-5"
Exhibit "C-6"
Exhibit "C-7"
Exhibit "C-8"
Exhibit "C-9"
Exhibit "C-10"
LIST OF EXHIBITS
Metes and Bounds Description of Property
Lien Holder Consent
Landscaping
Overall Landscape Concept Plan
Entry Feature Landscaping
Enhanced Perimeter Landscaping (Plan)
Enhanced Perimeter Landscaping (Profile)
Service Area Screening (Plan)
Service Area Screening (Profile)
Representative Plant Palette
Masonry Theme for PUD's 59 and 60
Existing Gas Line & Easement
Parking Deck Landscape Screening
Signage
Exhibit "D-1" Signage Locations (Signs la -9b)
Exhibit "D-2" Signage Locations (Signs 10a -10c, Flags, Highway Sign)
Exhibit "D-3" Sign Dimensions (Signs 1 a -8a)
Exhibit "D-4" Sign Dimensions (Sign 9)
Exhibit "D-5" Sign Example Content (Signs 1 a -4c)
Exhibit "D-6" Sign Example Content (Signs 5a -9b)
Exhibit "D-7" Parking Aisle Identification Signs
Exhibit "D-8" Flags
Exhibit "D-9" Highway Sign
Exhibit "D-10" Building Signage
Exhibit "D-10.1" Parking Deck Signage
Exhibit D-11 Building Banner Sign
Exhibit "E"
Exhibit "E-1"
Exhibit "E-2"
CITY OF ROUND ROCK
221 EAST MAIN STREET
ROUND ROCK, TX 78664
Driveway Access and Exterior Surfaces
Driveway Access
Expanded Development Materials
Parking Deck Materials
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2011053996
E.�
08/15/2011 03:35 PM
MARIA $76.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS