Z-93-08-26-12C - 8/26/1993YOI. 2 4 0 8PAGE 6 8 7'4°i'1
ORDINANCE NO. 2 - a3- D$ -off (o - l a C
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.305(2), CODE
OF ORDINANCES, 1990 EDITION, CITY OF ROUND ROCK, TEXAS, AND
MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL
ZONING MAP, TO WIT: TO CHANGE THE DESIGNATION OF 29.39
ACRES OF LAND OUT OF THE WILEY HARRIS SURVEY, ABSTRACT
289, ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT
C-1 (GENERAL COMMECIAL) TO DISTRICT PUD (PLANNED UNIT
DEVELOPMENT) NO. 9.
WHEREAS, an application has been made to the City Council of the City of
Round Rock, Texas to amend the Official Zoning Map to change the zoning
classification of the property described in Exhibit "A" from District C-1 (General
Commercial) to District P.U.D. (Planned Unit Development) No. 9;
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 19th day of August, 1993, 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 above described property be changed
from District C-1 (General Commercial) to District P.U.D. (Planned Unit Development)
No. 9 and,
WHEREAS, on the 26th day of August, 1993, after proper notification, the City
Council held a public hearing on the requested change, and
WHEREAS, the City Council has determined that substantial changes in
conditions have occurred which justify the zoning classification change provided for
herein, and
WHEREAS, each and every requirement set forth in Chapter 211, Subchapter A,
Texas Local Government Code, 1990 Edition and Section 11.305(2), Code of Ordinances,
1990 Edition, City of Round Rock, Texas concerning public notices, hearings, and other
OFFICIAL RcCORDS
VilLt..lalSOil CO liTY TEXAS
YOL 2 0 SPbGE 9
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) District No. 9 meets the following goals and objectives:
(1) PUD No. 9 is in harmony with the general purposes, goals, objectives and
standards of the General Plan.
(2) PUD No. 9 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.
(3) PUD No. 9 will be adequately provisioned by essential public facilities and
services including streets, parking, drainage, water, wastewater facilities,
and other necessary utilities.
(4) PUD No. 9 will be developed and maintained so as not to dominate, by
scale and massing of structures, the immediate neighboring properties or
interfere with their development or use in accordance with any existing
zoning district.
II.
That the Official Zoning Map adopted in Section 11.305 (2), Code of Ordinances,
1990 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 hereby changed from District C-1 (General Commercial) and shall
be hereafter designated as Planned Unit Development (PUD) No. 9, and that the Mayor
is hereby authorized and directed to enter into the Planned Unit Development (PUD)
VOL. 2LASpAGE 640
agreement attached hereto as Exhibit "B", which agreement shall govern the
development and use of said property.
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.
Alternative 1.
READ, PASSED,and ADOPTED on first reading thisLO—day of
1993.
Alternative 2.
READ and APPROVED on first reading this the day of
1993.
READ, APPROVED and ADOPTED on second reading this the day
of ,1993.
ATTEST:
CHARLES CULPE taor
City of Round Rock, Texas
EXHIBIT A
LEGAL DESCRIPTION
FIELD NOTCS
ME
E
BEING; a part of the WILEY HARRIS SURVEY, ABSTRACT NO. 298, Williamson County,
Texas, and being a part of that certain 122.82 acre tract of land described
in a deed to R. L. Egger recorded In Volume 259 at Page 259, Deed Records of
Williamson County, and being more particularly described by metes and bounds
as follows, to wit:
BEGINNING nt an ••X" found cut h1 a concros*+ cur t -
Thereof. said point also being the northwest corner of SouthgateJA a corner
Ltd, a subdivision of record filed in Cabinet F. Slide 288,Plat Recordstof
WI11Iazr nn county,
THEME with the west Iine hereof and the east line of Interstate Highway 35,
the following described two (2) courses and distances:
1) N 12° 42' 15" 1Y a distance of 513.70 feet to a concrete R/W monument,
and;
2) N 40° 06' 42" lY a distance of 643.84 feet to the northwest corner hereof,
from which a chain link fence corner post bears N 73° 55' 45" E a
distance of 2.13 feet;
THENCE with the north line courses
hereof, the following described four (4) cou
and distances: s
1) N 73° 55' 45" E a distance of 492.86 feet to an iron rod found at
t
southeast corner of Southside Acres, a subdivision of record filed in
Cabinet A, Slide 323, Plat Records of Williamson County;
2) N 740 15' 181' E a distance of 586.15 feet to an iron rod found at the
southwesterly terminus of Rundell Street; e
3) N 73° 00' 49" E a distance of 61.47 feet to an iron pipe found at the
southeasterly terminus of Mandell Street, said iron pipe
southwest corner of Southside Acres Unit I'm, a subdivision of being record
filed in Cabinet B. Slide 49, Plat Records of Williarreson County, and;
4) N 73° 06' '
28" E a distance of 356.87 feet to an iron rod found at the
northeast corner hereof in the west line of U. S. highway 81,(South Alla
Street); s
y
T1i111C'E with the east line hereof and the west line of said U. S. High
the following described three (3) courses and distances: gay 81,
1) An arc distance of 762.51 feet with a curve to the right, said
having a central angle of 7° 41'32uscurve
381.83 feet, a chord distance of 761.94 rfeet, and ofSa7 c.58,
hord bea eats of
S G° 51' 07" E, to a concrete R/W mono ent;
ring of
2) S 3° 26' 43" W a concrete It/W nonur
distance of 172.36 feet to a
and; gent,
3) S 8° 35' 48" E a distance of 154.21 feet to the southeast
from which an Iron rod found bears N corner hereof,
feet, ars iron. rod found bears S 87°87° 53' 21" E a distance of 0.90
and a concrete R/W monument bears
S53 21 lY a distance of 0.80 feet,
feet;8° 35' 48"
E a distance of 46.92
Page 1 of 2 Pages
voL 240oPAGE 642
T1lEtViCE with the south line hereof, the following described three (3) courses
and distances:
1) S 87° 53' 21" W a distance of 370.84 feet to an iron rod found, said iron
rod also being the northwest corner of Stella Subdivision Section Two, a
subdivision of record filed in Cabinet G, Slide 23, Plat Records of
Williamson County;
2) S 2° 14' 22" E a distance of 169.19 feet to an iron rod found at the
southwest corner of said Stella Subdivision in the north line of said
Southgate Apartments, Ltd;
3) S 77° 15' 31" W a distance of 666.26 feet with the north line of said
Southgate Apartments, Ltd, to the Place of Beginning, containing 30.42
acres of land, subject to easements, conditions or restrictions of record
if any.
Stan Coal ter, RPS, LSLS
2-1-93
Page 2 of 2 Pages
cvoi: 643
Planning and Community Development
APPLICATION FOR ZONING CHANGE
CITY OF ROUND ROCK
DATE: July 12, 1993
To the City Council:
MSP, Inc.
(iiai u of pit Beni owner)-
. Stenclebach
(name of agent)
hnrt�h�r tnak+lc1 application to the City Couneii of Cm?. City of Round Rock :or change iii zuning
designation of the property described below:
FROM C-1 General Commerce District
(present zoning classification)
TO PUD
(present proposed classification)
District
for the purpose of
1111..1
Land area of property to be rezoned: PUD (development plan attached)
PROPERTY DESCRIPTION: Describe only the property to be rezoned using either metes and bounds
or subdivision reference.
29.39 acres out of the Wiley Harris
(or)
Abstract 289 Subdivision; Lot ; Block
(and/or)
a-
.11
1000 South Mays Street
Survey.
Street Address (es) of the Property
Volume and Page of deed(s) which conveyed the property. to the present owner.
Volume 291 , Page on 30.42
Type of Ownership:
Partnership;
OWNER'S
SIGNATURE
910 Heritage to
acres_
Sole Owner; Community Property;
X Corporation; Trust.
AGENT'S
SIGNATURE .
8519 Cahil Drive, Suite. 805
(mailing address)
Round Rock, Texas 78664
(zip code) -
TELEPHONE SifandAb-, h �, A o�iai 25R 8419
If ownership is other than sole or community property, name the partners; principals, beneficiaries
etc respectively: -
(mailing address)
Austin, Texas 78729
(zip code)
I) Jeffrey Drinkard, President 910 Heritage Center Circle Round Rock, Tx. 78664
(name) (position) (address)
(zip code)
2)
(name) (position)
84
(address) (zip code)
VOL 24OSPGE
DEVELOPMENT PLAN
PUD Number 9
Exhibit "B"
to City of Round Rock
Ordinance No. Z -93-08-26-12C
This exhibit contains 21 pages
vaL. 2
PUD No. 93-5505
8 PAGE 5
This agreement ("Agreement") is made the q day of , 19 93,
between the City of Round Rock, Texas, having its offices at 221 East Main Street, Round Rock,
Texas, (hereafter called the "City") and MSP, Inc. its successors and assigns, whose address for
purposes hereof is 910 Heritage Center Circle, Round Rock, Texas 78664 (hereafter called
the"Owner"). For purposes of this Agreement, the term "Owner" shall mean MSP, Inc., its
successors and assigns; provided, however, upon the sale , transfer or conveyance of portions of
the hereinafter described property, the duties and obligations of MSP, Inc. as to such property
shall be assigned by the new owner, and MSP, Inc. shall have no further liability relating to such
property.
WHEREAS the Owner has requested a planned unit development from the City for the
development of 29.39 acres of land for a mixed-use commercial and multi -family residential
development on a tract of land located within the corporate limits of the City and more particularly
described by metes and bounds in Exhibit "A" attached hereto and made part hereof (hereinafter
called "the Land"); and,
WHEREAS the Owner, in accordance with Chapter 11, Section 11.316 (8), Code of Ordinances,
City of Round Rock, Texas, has submitted the development plan set forth in this Agreement
("Development Plan") to the City containing terms and conditions for the use and development of
the Land; and,
WHEREAS the Development Plan forms the concept plan for this land, the Development Plan
complies with the provisions of the Round Rock General Plan 1990 as amended; and
WHEREAS the City has held two public hearings required by law on August 19, 1993, and
August 26, 1993, to solicit input from all interested citizens and affected parties; and,
WHEREAS the Planning and Zoning Commission has recommended approval of the PUD
zoning on August 19, 1993; 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; and
WHEREAS the Development Agreement is, by this reference, incorporated herein for all
purposes;
NOW THEREFORE BY THIS AGREEMENT WITNESSETH in consideration of the
premises and the conditions and covenants hereinafter set forth, the City and the Owner covenant
and agree as follows:
1. LIENHOLDER CONSENT
The lienholder of record has consented to this agreement and any dedications agreed to
herein. The lienholder consent is attached hereto as EXHIBIT "B".
2. DEVELOPMENT AND LAND USE
The Land shall be developed for a mixed-use, multi -family and commercial phased
development.
VL1. 9408pAGE 6 4 6
2.1 Development Area A
Development Area A, consisting of approximately ten (10) acres as generally
shown on the plan attached hereto as Exhibit "D", shall be developed for multi-
family uses as generally shown on the plan attached hereto as Exhibit "C".
The development of this area shall consist of a minimum of 140 residential dwelling
units and a maximum of 172 dwelling units, together with parking, a rental office,
recreational amenities, and other accessory uses.
2.2 Development Area B
Development Area B, consisting of approximately three (3) acres as generally
shown on the plan attached hereto as Exhibit "D", shall be developed for uses
permitted in the C-1 (General Commercial) Zoning District, a copy of which is
attached hereto as Exhibit "0"
2.3 Development Area C
Development Area C, consisting of approximately sixteen (16) acres as generally
shown on the plan attached hereto as Exhibit "D", shall be developed for multi-
family uses, commercial uses permitted in the C-1 (General Commercial) Zoning
District, or a combination of multi -family and commercial uses.
2.4 Phasing
This Agreement does not imply specific phasing that the development of any
specific development area precede the development of any other development area
or portion thereof; nor does it preclude the development of any development area in
phases.
3. RESIDENTIAL DENSITY
Residential densities for all phases of residential development shall not exceed a density of
twenty (20) units per acre for each Development Area.
4. SITE PLAN AND BUILDING MASSING APPROVALS
4.1 This Agreement specifically provides for the following site plan provisions:
4.1.1 The minimum setback requirement from Mays Street is increased to 60
feet.
4.1.2 The 8.04 acre tract shown on Exhibit "E", attached hereto, and the city
ball fields, both being adjacent to the Land, shall not be defined as a
"single family lot" for the purposes of criteria for development as outlined
in section 11.320 of the Code.
4.1.3 No residential dwellings shall be constructed north of the Lone Star Gas
pipeline on Development Area "A".
4.1.4 Vehicular access to Development Area A, other than for emergency
vehicles, shall be prohibited from Mandell Street.
OL 2108PA6E 6
4.1.5 Driveway access to Development Area A from Mays Street shall be limited
to two access points as generally shown on Exhibit "C". The southerly
driveway may be constructed on a private access easement across
Development Area B as generally shown on Exhibit "C". This access
easement may be incorporated into a future public roadway built to City of
Round Rock standards as part of the development of Development Areas
"B" and "C". The Director of Planning shall notify the developer of area
"B" and/or "C" at the preliminary plat stage whether such roadway
improvement is required. The cross section of the road shall be included
in said notification.
4.1.6 The screening of the property along its northern boundary shall be
accomplished by protecting existing trees along the northern property line
wherever possible. If existing trees are removed, they shall be replaced in
accordance with City Landscape Ordinance criteria, and a plan showing
replacement landscaping shall be submitted to the Director of Planning for
approval.
4.1.7 The screening between the ball fields and the land shall consist of
landscaping and an open fence (excluding chain link). Such screening
shall be identified on the site plan to be submitted to the Development
Review Board in accordance with Section 11.318 of the Code.
4.1.8 All fence posts shall be anchored in concrete and shall be constructed of
masonry or rust resistant steel.
4.1.9 Buffers shall not be required along interior lot lines on the Land as long as
the interior lot lines abut unplatted land. Future buffers which may be
required shall be constructed as part of the actual development of future
phases.
4.1.10 The location of trash collection facilities and the screening of such
facilities shall be identified on the site plan submitted to the appropriate
City Board or Commission.
4.1.11 Pole signs for commercial development shall not be placed within 200 feet
of the boundary of any single family lot.
4.1.12 All site plans for Development Areas "B" and "C" shall include an internal
pedestrian system.
4.1.13 Site plans shall be submitted to the Planning and Zoning Commission for
Development Area "C" as part of the final plat approval process. Site plan
approval by the Planning and Zoning Commission shall constitute City
approval normally required by Section 11.320 of the Code for
development area "C".
5. OFF STREET PARKING REQUIREMENTS
Alternative parking standards are hereby approved as follows:
5.1 Parking stalls shall measure a minimum of 9 feet by 18.5 feet throughout
Development Area A. No provisions for small car spaces shall be available for
Development Area A.
4
VOL.
0 8 PAGE �
5.2 The number of parking spaces provided on site shall be as follows:
5.2.1 One bedroom units 1.5 spaces
5.2.2 Two bedroom units 2.0 spaces
5.2.3 Three bedroom units 3.0 spaces
5.2.4 Fifteen additional parking spaces shall be provided for guest parking.
6. PARKLAND DEDICATION
The parkland dedication requirements for Development Area "N' for the Land shall be met
in full by providing an amenity area with a pool with a minimum surface area of 1,500
square feet as generally shown on Exhibit "C" for use of residents of the Land.
7. STORMWATER DETENTION AND DRAINAGE
7.1 In order to ensure that the drainage requirements of the City are met and to
significantly assist in improving existing drainage in the neighborhood immediately
north of the Land, the Owners will participate with the City in improving drainage
facilities between the land and Lake Creek. Said drainage facilities shall be funded
jointly by the City and the owner. No additional on site detention shall be required.
7.2 The Owner shall dedicate to the City, for the purpose of constructing drainage
improvements, a 100 foot wide drainage easement as shown on Exhibit "E".
7.3 The Owner shall provide a 100' wide drainage easement as shown on Exhibit "F".
7.4 The Owner shall pay one thousand six hundred dollars ($1,600.00) per acre for
Development Area "A" as shown on Exhibit "D" as its share of the joint drainage
improvements. This payment shall be paid upon issuance of a building permit.
These funds shall be placed in escrow (see Exhibit "H"). This payment shall
represent full payment of all detention fees assessable to Development Area "A".
No additional on-site detention shall be required. This account is an interest bearing
account which shall accrue to the benefit of the Owner.
7.5 The Owner shall pre -pay one thousand two hundred dollars ($1,200.00) per acre as
for Development Area "B" and "C" as shown on Exhibit "D" as its share of the joint
drainage improvements. This pre -payment shall be paid upon issuance of a
building permit or the commencement of the construction of the described drainage
improvements, which ever occurs first. These shall be placed in escrow account
referred to in section 7.4 of this Agreement.. The pre -payment shall represent full
payment of all detention fees assessable to Development Areas "B" and "C". No
additional on site detention shall be required.
7.6 In the event that the regional drainage facilities referred to in Section 7.4 have not
been constructed prior to the Owner applying for any building permit upon the Land
or any other development approval required to commence construction on the Land,
the Owner shall have the right to construct on-site detention facilities required to
serve the development applied for on the 8.04 acre tract shown on Exhibit "E". If
this option is exercised all monies held in escrow shall be returned to the owner. If
this on-site detention option is utilized, any portion of the 8.04 acre tract utilized for
on-site detention shall not be transferred, conveyed, or sold without the written
approval of the Director of Public Works. Detention facilities shall not be located in
the area shown as "drainage dedication" on Exhibit "E" nor shall they be located
5
VOL 240uFAGE 649
within one hundred (100) feet of the boundary of the lot commonly known as 902
Mandell Street.
8. UNDERGROUND ELECTRIC AND UTILITY LINES
Except where approved in writing by the Director of Planning and the Director of Public
Works, all electrical, telephone and cablevision distribution and service lines, other than
currently existing overhead lines three-phase or larger located around the perimeter
boundaries of the land, shall be installed underground.
9. DEED RESTRICTIONS
Deed Restrictions shall be provided with the final plat for each phase of residential
development. These Restrictions shall specifically provide for the following:
9.1 Vehicle Parking. To the extent reasonably practical, the property owner shall
restrict, limit, or prohibit the use of any driveway or parking area which may be in
front of, adjacent to, or visible from Mays Street or IH 35. as parking place for
commercial vehicles, trailers, recreational vehicles, self-propelled motor homes,
and boats; provided, that to the extent the requirements set forth in the immediately
preceding portion of this sentence cannot be accomplished in a reasonably practical
manner, said driveways or parking areas shall be screened in a manner reasonably
satisfactory to the City's Director of Planning.
9.2 General Signage Standards. All signs visible from Mays Street or IIi 35 shall be
constructed for low maintenance and shall be approved in advance by the Director
of Planning. In the event a sign is not properly maintained, the City may give the
sign owner written notice thereof. Required repairs must be made within five (5)
business days of notification or the City shall have the right, but not the obligation,
to have repairs made and charged to the sign owner. Prohibited signs include
bench signs; billboards; banner signs; signs with flashing or blinking lights or
mechanical movement dayglo colors; signs that make or create noise; animated or
moving signs; exposed neon illumination; painted wall signs; pennants; trailer
signs; signs with beacons, and any sign that obstructs the view in any direction of
an intersection.
10. APPLICABILITY OF CITY ORDINANCES
10.1 Zoning and Subdivision. The Land shall be regulated for the purposes of zoning
and subdivision by this Agreement. All aspects not specifically covered by this
Agreement or modified by the intent of this Agreement shall conform to the
provisions of the City Zoning and Subdivision Ordinances.
10.2 All Other Ordinances. All other City Ordinances shall apply to the land except
where clearly modified by this Agreement.
11. DESIGNATED CONCEPT PLAN
This entire PUD ordinance constitutes the Concept Plan for Development Areas "A" and
"B" required by the City Subdivision Ordinance. Such concept plan is hereby approved by
the City.
6
VOLVOt IOSPAGE 6 5 0
12. COMPATIBILITY
This Development Plan indicates the desired relationship of land uses, interior circulation,
and access between the existing adjacent development and the contemplated development of
the Land.
13. CHANGES TO DEVELOPMENT PLAN
After. the Development Plan has been accepted and approved by the City Council, any
substantial alterations in excess of those allowed by this Agreement shall be resubmitted for
consideration to the City Council following the same procedure required in the original
adoption of the Development Plan. Any minor alterations to the Development Plan which
do not substantially change the concept or intent of the Planned Unit Development may be
approved administratively, in writing, by the Director of Planning. The Director of
Planning shall, at his sole discretion, determine what constitutes a substantial change.
14. DEFINITIONS
Definitions shall be standard definition as defined by Black's Legal Dictionary except
where applicable as specifically defined in the Development Agreement.
15. EXHIBITS
Exhibits "N' through "H" attached are part of this Agreement.
16. ENTIRE AGREEMENT AND MODIFICATIONS
This Agreement, the Development Agreement, and the Land Use Agreement, as the same
may be amended from time to time, embody and constitute the entire understanding among
the parties with respect to the transactions contemplated herein. Neither the Agreement nor
any provision hereof may be waived, modified, amended, discharged, or terminated except
by an instrument in writing signed by the City or its designated representative, as set forth
herein, and the then Owner of the portion of land affected by such waiver, modification,
amendment, discharge or termination.
17. APPLICABLE LAW
This Agreement shall be governed by and construed in accordance with the laws of the
State of Texas.
18. CAPTIONS
The captions in this Agreement are inserted for convenience of reference only and in no
way define, describe, or limit the scope or intent of this Agreement or any of the provisions
hereof.
19. SEVERABILITY
If any provision of this Agreement is held to be illegal, invalid or unenforceable under
present or future laws, such provision shall be fully severable and shall not invalidate this
Agreement. In such an event, such illegal, invalid, or unenforceable provision shall be
replaced with a provision which as nearly as possible fulfills the intent of the severed
provision, but is not illegal, invalid, or unenforceable, and the remaining provisions of the
7
VOI. 24O8GE �D
Agreement shall remain in full force and effect and shall not be affected by the illegal,
invalid, or unenforceable provisions or by its severance from this Agreement.
2 0 . GENDER OF WORDS
Words of any gender shall include the other gender where appropriate.
21. BINDING EFFECT
This Agreement will endure to the benefit of and bind the respective heirs, personal
representatives, successors and assigns of the parties hereto.
2 2 . STATUS OF PARTIES' RELATIONSHIP
Nothing in this Agreement shall be construed to make any party the partner or joint venturer
of or with respect to any other party.
2 3 . COUNTERPART EXECUTION
This Agreement may be executed in multiple original counterparts, each of which shall be
deemed as an original by all of which together shall constitute but one and the same
instrument.
2 4 . AUTHORITY
Each person executing this Agreement warrants and represents that he has the power and
authority to enter into this Agreement in the name, title, and capacity herein stated and on
behalf of the entity represented or purported to be represented by such person.
1'EST:
8
CITY OF R • UND ROCK, TEXAS
Ch. a 1pepper,
Mayor
DATE: 4/!g�`33
VOL 2 L PGE 6 2
MSP, INC.
a Texas Corporation
BY:
effre Drinkard,
'President
DATE: j r
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This ins. ment was acknowledged before me on the day of
4atj\ , 1993 by Charles Culpepper, Mayor of the City of Round Rock, Texas.
tary Public, State of 'Texas
Commission Expires: Name Printed:
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
VIRGINIA M. MORENO
l} "} Nvilry Public, State or Texas
s� ,�.......'" rT+' My Coffimission Expires Jan.`11,1996
wti4pE OF t�+ {
This ,instrument was acknowledged before me on the 6- day of
betka0 , 1993 by Jeffrey Drinkard, President of MSP, Inc., a Texas
Corporation, on behalf of said corporation.
Commission Expires: 0/9 7
otary blic, State of Texa
Name Printed: tliedii I'll is & C (11 ?f 1 e
9
VOL 24OSPABE 40OP 3
ETH1Ea 1T ffsk.
BUNG a part of the
Texas, and being o
in a deed to R. L.
-Williamson County,
SS (0110w8, to wit:
APPENDIX 1
FI ED NOTES
WILEY HARRIS SURVEY, ABSTRACT NO. 298, Will iamson County,
part of that certain 122.82 acro tract of land described
Egger recorded in Volume 259 at Page 259, Deed Records of
and being mor.o particularly described by metes and bounds
BEGINNING at an "X" found
hereof, said point also bel
Ltd, a subdivision of recor
Wi 1 l i aces on County;
cut in a concrete curb at the southwest corner
ng the northwest corner of Southgate Apartments,
d filed in Cabinet F, Slide 288, Plat Records of
THENCE with the west line hereof and th
the following described two (2) courses e line of
andast distances:
1).. N 12° -42' 15" W a distance of 513.70 feet to a
and;
Interstate Highway 35,
concrete R/W monument,
2) N 40° 06' 42" W a distance of 643.84 feet to the northwes
from which a chain link fence corner post bears t°corner hereof,
distance of 2.13 feet; N 73 55 45"l; a
THENCE with the north line hereof, the followin d
and distances; g escribed four (4) courses
1)
N 73° 55' 45" E a distance of 492.86 feet to an iron rod found
At
southeast corner. of Southside Acres, a subdivision of record len
thei
Cabinet A, Slide 323, Plat Records of Williamson Count fled I,
Y,
2) N 74° 15' 181' L a distance of 58.6.15 f
southwesterly tcrni1nus of Mandell Street;
eel to an iron rod found at the
3): I3. 73° 00' 49" E a distance of 61.47
southeasterly terminus of Mandell Street�tsttiida� -iron pipe found at the
southwest corner of Southside. Acres Unit Two a osubdiyisi�on being the
filed in Cabinet B. Slide 49, Plat Records of Williaron Co f record
unty, and;
4) N 73° .06' 28" 1: a distance of 356.87 feet- to an iron
northeast corner hereof in the west l ine, of U. S. Highwayr 8 od found at they
Street, (South l�igys
VOL 2 OSPHE 6r:A
THENCE with the eRst line hereof and the west line of said U. S. Hi hwa
the following described three (3) courses and distances: y 81,
1) An arc distance of 762.51 feet with a curve to the ri h#
having a central angle of 7° 41' 32"uo� , said curve
381.83 feet, a chord distance of 761.94 rf set s and 5a7H chord tangents of
S 6° 51' 07" E, to a concrete R/W monument; cord bearingof
2) S 3° 26' 43" W a distance of 172.35 feet to a concrete R/W monument.
And:
3) S 8° 35' 48" E a distance of 154.21 feel to the southeast
corner
hereof,
from which an iron rod found bears N 87° 53' 21"E a distance 0.90
feet, an iron rocl found bears S 87° 53' 21" W a distance of 080o
et,
ears
and a concrete R/W monument bs-8a feet,
feet $° S5' 48" E a distance of 48.92
THENCE with the south line hereof, the following described three
and distances: (3) courses
l) 8 $7° 53' 21" W a distance of 370.84 feet to an iron rod
found,
rod also being the northwest corner of Stella Subdivisionoon nIid oron
subdivision of record filed In Cabinet C, Slide 23 Plate Records
a
Williamson County; ecorof
2) S 2° 14' 22" E a distance of 169.19 feet to an Iron
southwest corner of said Stella Subdivision in the north rod
line of at ttid
Southgate Apartments, Ltd;said
3) 8 77° 15' 31" W a distance of G$6:2$
Southgate Apartments, Ltd, to the Place feetwith
Beginning, north line of said
acres of land, subject to easements, conditions or rest rictionsning 30.42cd
If any. of record
r
J
\ / •_ ).
Vi?..7„7/7:-'17
Stan Conner, RPS, ISIS
2-1-03.
X 1--1 1131 T ►.
APPENDIX 2
FIELD NOTES
L. 2 - 08 PAGE 6J5
part of the W L EY HARRIS SURVEY, ABSTRACT NO. 293,
WILLIAMSON COUNTY, TEXAS, and being a part of that certain
3n,49 A!_/-41 tracf' of land .arc-r.r;_1.�..a.7
.. u.._.:v.� ...�... in a ...� eu to MSP, INC.,
recorded in Volume 2291 at Page 50, Official Records,
Williamson County, and being more particularly described by
metes and bounds as follows, to wit:
BEGINNING at the northwest corner of said 30.42 acre tract in
the east right-of-way line of Interstate Highway No. 35, from
which a chain link fence corner post bears N 739 55' 45" E a
distance of 2.13 feet;
THENCE N 73! 55' 45" E a distance of 352.46 feet with the
north .line of said 30.42 acre tract to the northeast corner
hereof;
THENCE crossing said 30.42 acre tract, the following
described six (6) courses and distances:
1) S 29!- 34' 41" W a distance of 66.58 feet;
2) S 330 45' 24" W a distance of 52.64 feet;
3) . S 21" 46' 50" W a distance of 93.72 feet;
4) S 28° 20' 47" W a distance of 49.99 feet;
5) S 14°- 56' 05" W a distance of 52.39 feet, and;
6) S 17° 25' 55" W •a distance of 43.58 feet to a point in
the east right-of-way line of said Interstate Highway 35;
THENCE N 40' 06' 42" W a distance of 297.24 feet with the
west line of said 30.42 acre tract and the east line of said
Interstate Highway .No. 35 to the Place of Beginning,
containing 1.03 acres of land, more or less.
COAL & ASSOCIATES, SURVEYORS
Stan Coalter, RPLS, LSLS
7-10-93 93011 -1 -Di
OFT
(co.4z... -,4..,z7 .
/N;..-40 _ •9<djo%..-57(f)
STAN COALTER
‘-'-..-0 1481 : Q
x, ••�. • Ess‘ . -�
SWAN
VOL. . O PAGE 656
Exhibit B
Lienholders' Consent
State of Texas County of Williamson know all men by these presents that we,
being the holders of a Deed of Trust on the lands described in Exhibit A of this agreement which is
recorded in Vol. 2291 Page 050 of the Official Records
Williamson County, do hereby consent to the Development Agreement, the PUD Zoning
Designation, and the recording of this Agreement in the Official Records of Williamson County.
Witness my hand this
day of 1993 A.D.
State of Texas
County of eff\0-c,,L (c This instrument was acknowledged before me on the C30 day of
1993, by
Printed Name:
Notary Pub , State of Micas
1-
E Mexi7
My Commission Expires: ‘0 -
Exhibit B
Lienholders' Consent
State of Texas County of Williamson know all men by these presents that we,
YOL 24O SAGE61:;7
being the holders of a Deed of Trust on the lands described in Exhibit A of this agreement which is
recorded in Vol. 2291 Page 050 of the Official Records
Williamson County, do hereby consent to the Development Agreement, the PUD Zoning
Designation, and the recording of this Agreement in the Official Records of Williamson County.
Witness my hand this 30
A -)'
day of �, 1993 A.D.
/�llL�ilk^/
flAep4.1
State of Texas
County of VVef --
This instrument was acknowledged before me on the
day of � 1993, by
Y4,2
Printed Name:
Notary Pu .' c, State of exas
%i%0/7%i7iD/h�2
My Commission Expires: - 9
VQOOPAGE GretA
Exhibit B
Lienholders' Consent
State of Texas County of Williamson know all men by these presents that we,
/( f
P 616--49._
being the holders of a Deed of Trust on the lands described in Exhibit A of this agreement which is
recorded in Vol. 2291 Page 050 of the Official Records
Williamson County, do hereby consent to the Development Agreement, the PUD Zoning
Designation, and the recording of this Agreement in the Official Records of Williamson County.
KWitness my hand this day ofiuly, 1993 A.D.
State of Texas
County of
This instrument was acknowledged before me on the day of
L‘.
Notary ublic, tate of Texas
Printed Name: Q f` � I }� Of\-.2_3—
My
Commission Expires:
3 -as -7 "7
CAROLYN MEDINA
NOTARY PUBLIC
State of Texas
Comm. Exp. 03.25.97
, 1993, by
Exhibit B VOL 0S PAGE 6:j09
Lienholders' Consent
State of Texas County of Williamson know all men by these presents that we,
being the holders of a Deed of Trust on the lands described in Exhibit A of this agreement which is
recorded in Vol. 2291 page 050 of the Official Records
Williamson County, do hereby consent to the Development Agreement, the PUD Zoning
Designation, and the recording of this Agreement in the Official Records of Williamson Co
Witness '9y hand this 9 day of J 993 A.D.
State of Texas
County of Williamson
This instrument was acknowledged before me on the
PENN/5 E Gop
Printed Name:
My Commission Expires:
day of SPT , 1993, by
Notary Public, State of Texas
VOL, 0 8 PAGE 660
Exhibit B
Lienholders' Consent
State of Texas County of Williamson
know all men by these presents that we,
being the holders of a Deed of Trust on the lands described in Exhibit A of this agreement
recorded in Vol. 2291 Page 050 which is
Williamson County, do hereby consent to the Development Agreement,of the the f ficial
Records
D
Designation, and the recording of this Agreement in the Official Records of Williamson CoZoning
unty.
State of Texas
County of Williamson
Witness myhand this
day o 1993 A.D.
19_c2-et
This instrument was acknowledged before me on the . day of 5
My Commission Expires:
993, by
otary Public, State of Texas
97
KRIS ROBERTS
NOTARY PUBLIC
State of Texas
Comm. Exp. 04.05_97
VOL. 2408PAGE 6G1
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EXHIBIT C
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DEVELOPMENT AREAS
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(v.)
DEVELOPMENT AREA C
SCALE: 1" - 200'
* -1( -"Zi 1 1 -li100c
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DEVELOPMENT AREA A
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SCALE: 1" - 100'
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VOL. 4.. S P E 6u4
The proposed 100 foot drainage right of way will be dedicated to accommodate drainage
improvements to be constructed by the City.
The drainage improvements recommended by the Drainage Improvements Study for the Rubio
Subdivision identified the following:
DRAINAGE IMPROVEMENTS
The current drainage patterns withinthe project area are relatively un-
restricted overland flow. The source of the flooding being experienced by the
households is due to the Lake Creek Tributary 1 which flows through .the
project area from southwest to northeast. This tributary meets the -main:.chan-
nel of Lake Creek on the northern boundary of the project area. In addition
drainage from the Interstate Highway 35 R.O.W. flows into the channel =at the
western edge of the project area.
The drainage.is controlled primarily by natural terrain. Virtually no
drainage improvements have been constructed in this area. Storm run-off from
private property flows unrestricted onto adjacent properties and streets. No
enclosed storm sewer piping or curbed and guttered streets exist: The. Lake
Creek Tributary 1 channel is unimproved witha severely meandering alignment
contributing to poor flow characteristics and erosion. The drainage area for
this tributary is 1.6 square miles resulting in an approximate 100 year flow
of 1921 -cfs. The existing channel has an approximate capacity of 300 cfs
which results in severe overtopping of the banks. This capacity will not con-
tain a 10.year design storm with flows of 961 cfs.
The planned improvements consists of a grass lined trapezoidal channel with a
top width of. 100', bottom width .of 60', approximately 6' deep, with 3 to_ 1
side slopes for maintenance. The bottom will have a narrow continuous con-
crete trickle channel to insure conveyance of minor flows and reduce main-
tenance requirements. The alignment will be basically
slight bend . y straight with one
The channel will tie into the main channel of Lake Creek on the
north edge of the project area.
The planned improvements should not have any adverse affects downstream be-
cause of the improved time of concentration. For a given storm, the .run-off
from .the Lake Creek Tributary drainage area will pass the confluence :prior to
the peak Lake Creek drainage area flows. This will reduce the downstream
f lows.from current levels.
No other precautions are needed such as fencing (side slopes are acceptable).
It is not anticipated that prolonged ponding and stagnation of water will oc-
cur due to the concrete trickle channel.
..)<, 11-1 I E3 I ir
vat, 24OSPGE 6G5
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rain"' mmininworinw
SCALE: 1" — 200'
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VOL. � � cPAGE GGG
E
II -1 1 E I r
11.311 DISTRICT C-1 (General Commercial)
(1) Intent
To establish and preserve areas of medium intensity land use
primarily devoted to general commercial and other non -industrial
activities.
(2) Permitted Prinvipal Uses
Offices, services, amusements, governmental, institutional,
commercial, places of worship, and other non -industrial activities
which are conducted wholly within an enclosed building or
buildings.
(3) Conditional Uses
Subject to site plan approval by the Development Review Board, non-
industrial activities which entail either unenclosed operations or
storage, schools, caretaker's residences, and a combination of
commercial and residential uses within a single building.
VOL OSPAGE GG 7
EXHIBIT "H"
August 20, 1993
Longhorn Title Company, Inc.
402 B. West Taylor
Round Rock, Texas 78664
Re: HF2M PUD #9 Escrow Agreement
Dear Sir:
Pursuant to Section 7.4 of Ordinance No. , adopted by
the City of Round Rock, Texas on , 1993, the sum of
$ is hereby deposited with you in escrow on behalf
of MSP, Inc., the owner of 29.39 acres of land situated in Round Rock,
Texas.
These escrowed funds represent the owner's cost for joint
drainage improvements for the above-described 29.39 acres.
The escrowed funds may be withdrawn at anytime by the Director of
Public Works of the City of Round Rock to pay for the above-described
drainage improvements.
In the event that the drainage facilities have not been
constructed prior to the Owner applying for any building permit upon
the above-described property or any other development approval
required to commence constructionon said property, the owner,
pursuant to Section 7.6 of the Ordinance, shall have the right to
construct on-site detention facilities required to serve the above-
described property. If the option is exercised, all remaining funds
held in escrow shall be returned to the owner.
Special conditions of the escrow are as follows:
Escrow Agent shall not be liable for any loss or damage resulting
from the following: lack of authenticity, sufficiency, and
effectiveness of any documents delivered to it and lack of genuineness
of any signature or authority of any person to sign any such document;
any loss or impairment of funds deposited in the course of collection
or while on deposit with a qualifying institution resulting from
failure, insolvency or suspension of such institution; Escrow Agent
complying with any and all legal process, writs, orders, judgments,
and decrees of any court whether issued with or without jurisdiction
and whether or not subsequently vacated, modified, set aside, or
reversed; Escrow Agent asserting or failing to assert any cause of
action or defense in any judicial, administrative, or other proceeding
either in the interest of itself or any other party or parties; and
any good faith act or forbearance by Escrow Agent.
aL 24O8PAGE
Longhorn Title Company, Inc.
August 20, 1993
Page 2
Escrow Agent shall have not obligation to inquire into the
authenticity of any written instructions delivered to it as required
by this Agreement, nor to inquire as to the genuineness of any
signature or authority of any person to issue such instructions.
If written notice of default, non-performance, or dispute by or
between the other parties hereto is given to Escrow Agent within a
reasonable time prior to its required performance by any such parties,
Escrow Agent shall notify in writing all other parties of the receipt
of such notice and shall not be required to perform its obligations
hereunder if Escrow Agent deems it to be in its best interests not to
so perform. If within fifteen (15) days from the date of mailing of
such notice by Escrow Agent a written instruction reply to same has
not been received by Escrow Agent or a conflicting instruction reply
has been received within such time period, Escrow Agent may in its
sole discretion perform in accordance with its obligations hereunder,
or prepare to and shortly thereafter file an interpleader action to
resolve the conflict. Escrow Agent shall be indemnified, saved, and
held harmless by the other parties hereto for all of its expenses,
costs, and reasonable attorney fees incurred in connection with said
interpleader actions, and such expenses, costs, and fees amy be
deducted form the funds held hereunder.
If Escrow Agent is made a party to any judicial, non -judicial,
or administrative action, hearing or process based on acts of any of
the other parties hereto and not on the malfeasance and/or negligence
of Escrow Agent in performing its duties hereunder and which seeks to
attach, recover, or direct disbursement/release of the subject matter
of this Agreement, the expenses, costs, and reasonable attorney fees
incurred by Escrow Agent in responding to such action, hearing, or
process may be deducted form the funds held hereunder and the
party/parties whose alleged acts are a basis for such proceedings
shall indemnify, save, and hold Escrow Agent harmless from said
expenses, costs, and fees so incurred.
ACKNOWLEDGED:
LONGHORN TITLE COMPANY, INC.
By:
Printed Name:
Title:
MSP, INC.
By:
. Drinkard, President
DATE: August 24,1993
SUBJECT: City Council Meeting, August 26, 1993
ITEM: 12.C. Consider an ordinance to rezone 29.39 acres of land District C-1
(General Commercial) out of the Wiley Harris Survey, Abstract
289 (1000 South Mays Street) to District Planned Unit
Development (PUD). (First Reading)
STAFF RESOURCE
PERSON: Joe Vining
STAFF
RECOMMENDATION: Approval
PLANNING AND ZONING COMMISSION: Approval.
Staff recommends approval of the request to rezone 29.39 acres of land District C-1
(General Commercial) out of the Wiley Harris Survey, Abstract 289 (1000 South
Mays Street) to District Planned Unit Development (PUD) with the condition that
all required signatures are on the PUD agreement prior to the Mayor's signature.