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Z-93-12-09-9F - 12/9/1993Heritage Center PUD No. 10 17.54 Acres ORDINANCE NO. Z— 93- /?-o 9-- q F 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 17.54 ACRES OF LAND, LOTS 5, 6, 7 AND 8, HERITAGE CENTER SUBDIVISION, ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT C-1 (GENERAL COMMERCIAL) TO DISTRICT PUD (PLANNED UNIT DEVELOPMENT) NO. 10. 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 2nd day of December, 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. 10 and, WHEREAS, on the 9th day of December, 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 Dept Misc./Orris./C 1 to PIJD No. 10 1 Heritage Center PUD No. 10 17.54 Acres 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. 10 meets the following goals and objectives: (1) PUD No. 10 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (2) PUD No. 10 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. 10 will be adequately provisioned by essential public facilities and services including streets, parking, drainage, water, wastewater facilities, and other necessary utilities. (4) PUD No. 10 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.10, and that the Mayor Dept Misc./Ords./G1 to PUD No. 10 2 Heritage Center PUD No. 10 17.54 Acres is hereby authorized and directed to enter into the Planned Unit Development (PUD) 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 this day of 6Q cn,,r, 1993. Alternative 2. READ and APPROVED on first reading this the day of 1993. READ, APPROVED and ADOPTED on second readin 1993. E LAND, City Secretary Dept Misc./Ords./G1 to PUD No. 10 3 this the day dIed'A1- CHARLES CUL 'PP' F, Mayor City of Round Rock, Texas EXHIBIT "A" Legal Descrpition of 17.54 Acres of Land Lots 5, 6, 7 and 8, Heritage Center HERITAGE CENTER DEVELOPMENT PLAN PUD Number 10 Exhibit " B " to City of Round Rock Ordinance No. z-g3F This exhibit contains 13 pages 1 PUD No. 0 This agreement ("Agreement") is made thei1 day of-Q�. , 19 CI 3, between the City of Round Rock, Texas, having its offices at 221 East Main Street, Round Rock, Texas, (hereafter called the "City") and HF2M, Inc., A Texas Corporation, 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 HF2M, 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 HF2M, Inc. as to such property shall be assigned to the new owner, and HF2M, 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 17.54 acres of land for a 336 unit multi -family residential development on a tract of land located within the corporate limits of the City and more particularly described 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 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 December 2, 1993, and December 9, 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 December 2, 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 lands shall be developed for multi -family uses as generally shown on the plan attached hereto as Exhibit "C". 2 The development of this area shall consist of a maximum of 336 residential dwelling units together with parking, a rental office, recreational amenities, and other accessory uses. The development may be constructed in phases. 3. RESIDENTIAL DENSITY Residential densities for all phases of residential development shall not exceed density of 20 units per acre calculated for the entire site. 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 for all residential dwelling units from Palm Valley Boulevard shall be 35 feet. 4.1.2 Driveway access to the lands from Palm Valley Boulevard shall be limited to one access points as generally shown on Exhibit "C". This access shall be designed to prohibit left turns onto PalmValley Boulevard until such time as a traffic signal is installed at the intersection of Palm Valley Boulevard and Heritage Center Circle. 4.1.3 Dumpster locations and screening shall be shown on site plans submitted to the Development Review Board. 4.1.4 Details of the postal delivery facilities shall be shown on site plans submitted to the Development Review Board. 5. FENCING 5.1 The Land shall be screened from Palm Valley Boulevard by providing a landscaped berm and/or a masonry and weather resistant metal or wood wall system a minimum of 5 feet in height. (Masonry excludes common cinder block and metal excludes chain link fencing). Any wood components must form part of a professionally designed fence which has been approved by the Director of Planning. 5.2 Plans for screening shall be provided to the Development Review Board for approval as part of the Site Plan. 5.3 All fence post shall be anchored in concrete and shall be constructed of masonry or weather resistant metal. Footings shall be a minimum of 12 inches in diameter and twenty-four inches in depth. 6. PARKLAND DEDICATION AND AMENITY AREAS 6.1 The parkland dedication requirements for the development for the Land shall be met in full by providing an amenity area which includes a swimming pool and club house as generally shown on Exhibit "C" for use of residents of the Land. 6.2 The Owner may construct water front amenities along Brushy Creek including a dock as generally shown on Exhibit "C" subject to the approval of the Flood Plain Administrator and the Director of Parks and Recreation. 3 7. 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. 8. FILTRATION AND DETENTION 8.1 The Land is situated over the Edwards Aquifer Recharge Zone. The Owners will provide the storm water filtration required either on site or immediately adjacent on the parcel shown on Exhibit "D". 8.2 Detention shall be provided by the contribution of $1,600 per acre to the Regional Detention Fund. 9. OFF STREET PARKING REQUIREMENTS Alternative Parking Standards are hereby approved as follows: 9.1 Parking stalls shall measure a minimum of 9 feet by 18.5 feet. No provision for small car spaces shall be available to the development. 9.2 The number of parking spaces provided on site shall be as follows: 9.2.1 One bedroom units 1.5 spaces 9.2.2 Two bedroom units 2.0 spaces 9.2.3 An additional number of spaces shall be provided for guest parking in an amount equals to 5% of required unit parking. 9.2.4 Units containing three or more bedrooms shall provide 3 parking spaces. 10. EXTERIOR FINISH Exterior finish of all buildings shall be 90% stucco, masonry or a combination thereof. Roofing materials shall consist of roofing tile or an equivalent material approved by the Director of Planning. 11. HEIGHT Residential structures shall consist of 2 and 3 story buildings. 12. DEED RESTRICTIONS Deed Restrictions shall be provided with the final plat for each phase of development. These Restrictions shall specifically provide for the following: 12.1 Vehicle Parking. The Owner shall restrict, limit, or prohibit the use of any driveway or parking area which may be visible from Palm Valley Boulevard. as parking place for commercial vehicles, trailers, recreational vehicles, self-propelled motor homes, or boats. 4 12.2 General Signage Standards. All signs visible from Palm Valley Boulevard 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. 13. APPLICABILITY OF CITY ORDINANCES 13.1 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. 13.2 All Other Ordinances. All other City Ordinances shall apply to the land except where clearly modified by this Agreement. 14. 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. 15. 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. 16. DEFINITIONS Definitions shall be standard definition as defined by Black's Legal Dictionary except where applicable as specifically defined in the Development Agreement. 17. EXHIBITS Exhibits "A" through "D" attached are part of this Agreement. 18. 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 byan yinstrument in writing signed by the City or its designated representative, as set forth 5 herein, and the then Owner of the portion of land affected by such waiver, modification, amendment, discharge or termination. 19. APPLICABLE LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. 20 . 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. 21. 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 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. 22. GENDER OF WORDS Words of any gender shall include the other gender where appropriate. 23. BINDING EFFECT This Agreement will endure to the benefit of and bind the respective heirs, personal representatives, successors and assigns of the parties hereto. 24. 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. 25. 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. 26. 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. 6 ATTEST: 7 CITY CITY OF UND ROCK, TEXAS BY: Charle Culp"per, May DATE; ),Q,UAl\lat,'C._ 61 HF2M, Inc. A Texas Company BY: DAA: �.�,..,t.-, V- ! 9 93 Pacific Southwest Bank, F.S.B. DATE; l 2- (77c, THE STATE OF TEXAS COUNTY OF HARRIS Thi instrument was acknowledged befo me on the day of Otoiniee" , 1993 by e , Pacific Southwest F.S.B, on behalf of said corporation. 12-06 4101 BECKY ELIZABETH CHENEY Notary Public, Stag of Texas My Commies Expires 8.06.97 Commission Expires, Ng7 8 otary Pu c, State of Texas Name Printed: ,deUG/E�/2.Gfiae)yl V' jPi1C(/ THE STATE OF'1EXAS COUNTY OF WILLLAMSON This instrument was acknowledged before me on the " day of , 1993 by Charles Culpepper, Mayor of the City of Round Rock, Texas. C ti3 V!RG N A M. MORENO N Notary Pub?jc, State of Texas t f` 3y r i Comm°tdon Expires Jan.11 1996 ‘,/ A (..-(Lc-ozL) Notary Public, State of Texas Commission Expires: Name Printed: THE STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on the ' day of Pr -efrkwr , 1993 by Jeffrey Drinkard, President, HF2M, Inc., A Texas Company, on ehalf of said corporation. BECKY ELIZABETH CHENEY Notary Public. State of Texas My Commission Expires 806.97 . Commission Expires: q7 4,4 lic. State of Tex otary lic, of Tex Name Printed: JCC�i/ £�i 7,C/IOC�i CA %11 Pct i 9 EXHIBIT "A" Legal Descrpition of 17.54 Acres of Land Lots 5, 6, 7 and 8, Heritage Center Exhibit B Lienholders' Consent State of Texas County of Williamson know all men bythese presents is that we, O3ELE W. H. Mosley Company being the holders of a Deed of Trust on the lands described in Exhibit A of this agreement which is recorded in Vol. Page g of the Official Records Williamson County, do hereby consent to the Development Agreement, the PUD Zoning Designation, and the recordin of this Agreement in the Official Records of Williamson County. g Witness my hand this day of-Deeeriftz 199 -A.D. State of I .6A D County of Th C This instrument was acknowledged before me 011 the t'17EtEy Printed Name: My Commission Expires: t,t_u_A day of Notary Public, State of [I 7)A---1-1 ( CiesliA M. Mci-vm-EL-t_ (C/i lq9 eES t „ug 10 HERITAGE CENTER 336 MULTI-FAMLY UNflS HF2M Round Rocky Texas HERITAGE CENTER HF2M,Inc. Round Rock, Texas BLDG. CLUSTER OPEN AREA HERITAGE CENTER HF2M,Inc. Round Rock, Texas BLDG. CLUSTER OPEN AREA volleyball, basketball, etc. HERITAGE CENTER HF2M,Inc. Round Rock, Texas (JIERITAGE CENTER' 4 3/ +V4So'F.so7B-/1.9 .7i; C-dP-0l.RS//T-?)62.414; •lLf1EG 77:77.:Z-47.7.0 / - .9C' 4,5445J6 ca-..f•?!07 p.GL'SP'S/ Lor 3o'P sxlC Lrit• ES•"i�' x 1 1 84 Cu, v .+BATA 1>ELTA RADIUS ARC CHORD CHORD BEAR INC 56' 20 50•' 60.00 58.99 56.64 S 42' 38 32' 8 7 54' 18 00" 60.00 56.86 54.76 N 82' 02' 28' £ 3 33' 05' 29" 60.00 34 .65 34.17 N 38' 20' 43' E 4 76.77'42' 60.00 79.90 74.12 N 16.20 52' w 5 28' 28. 00" 300.00 149.05 167.52 S 27' 30' 30" E 6 28" 28' 00" 200.00 99.37 98.35 N 27' 30' 30' w 7 27' 15' 58" 30.00 14.28 14.14 S 28'06' 31' _ 8 27' 15' 58" 30.00 14.28 14.14 N 55' 22' 29' w 9 234'3156- 60.00 24559 i0 - - 14' 30' 45' 60.00 7520 75.76 N 67' 45 05-w NQ7 `� Tom 7` - - i' ': - • q.1..4-17.,,, 4gezZ�-- 57.00-14 rs'oi�lc. �fo>Ciroo� ' p 4._+ 1 0. 9c',rz',$ ' I 1 '`�'�. `bc-✓p t3 . C \� ;l� �q E \\ t .. �it8� q'. 1 84 V 1 v pG' Lor 5 1 Lar L N rG' S6'O0 E JS_1.lt}_ 184 LoT Z i .vr it %�.,^ :✓ -z„ 1 1 1 t ,00 04'. 1•• 41' ' o� ��� � i- O' -0R.4/•✓ACE fa SE/s•t..�/ .4' TG S6'oo"E-- XS.fl1' LOT i LOT •S 94 54V5' ESnr. _ . 4.14,`745 - - 'V 7G' S.8"00 "E -- 75.7l. 33' - - 7, 5f0. 70 /7' SS+'im'Sa'E 3 i 7 N.53-5,7,5 ✓-!d O/ --y ro'urrt/r4y53 'SM, 84'4/ t> } 1 al r4 ,7471 10 0 • 0 > 1 1Z 't1 i // �. LOT �° 'IP *1 L 07' /O `= EO' SEWS' 70 ss'tc"t-y.Lacs �a9 s� �i-::::::::,..":::::---.7 EAS/uEAIT .pki -NdF.7114:41Z::::: 74"v6 G`'-✓io. 00' _ � ` �,�c c� �. ,o. _ „r„,,,„„:-.-„,, .7159'/0 "/3' 1 J - ' • _ f ^' 97.04 1i" \ G.,� r• ��.�/ � ` '`� 1 'i Z0 2G�' �_/ tom' c ' � �i�. •5 /sill ! G of-� io t O/ / • • L�Ct�rE 7 (04/t/AOE P//f.J'- ��" // vds.'7��- '��' s'c �. 54-'T 5i� 533. �. 59... .^r//a,uc-urt/T✓ L [E:VlS NE.L.'R/A E4SF ENT*�• 40 Q Z� C /1 I %:,4oa/ 'Iso ;t i /9 Oli 241 t3- \ 'a «'+ • ' s79 ors .✓ . 155.55' $'.:s'4.0 5.-' LO't/!.' L o T � • - s5s/ / / L 11 ✓ ca'vr/ f oS'•J%SIJ-33:7• 70.29 ://` NOP •�B'S'J E - ur1A,./i.1 .4,7, • Cir.f7F ROC.c OWNERS: 6181 6URGE AND THE PROTESTANT EPISCOPAL CHURCH OF THE DIOCESE OF TEXAS ACREAGE: 46.406 ACRES SURVEY: WILEY HARRIS 1/3 LEAGUE NO. OF BLOCKS: 1 N0. OF LOTS: 70 LINEAR FEET OF NEL STREETS: DATE SURVEYOR: 822.38 vCv 7, 1984 ASSOCIATED SURVEYING A MAPPING, INC. -11/05/1993 15:44 > 512258P419 STENDEBACH & AS PAGE 01 Planning and Community Development APPLICATION FOR ZONING CHANGE eny OF ROUND ROCK DATE: November 8 93 To the City Council: HF2M,nc. , and Pacific Southwest Bank B Stendebach &Associates, Inc. Represents m tre ttnerpf i to t ownarj (name of agent) hereby make(s) application to the City Council of the City of Round Rock for change in zoning designation of the property desc ed below: FROM c•-1 General Cnwmaraia/____01040 (present zoning classification) ix, Planned Unit Development District (present propped classification) for the purpose .of cons true t in• 8 an apartment complex Land area of property to be rezoned: 17. Si &e±r 1, . PROPERTY DESCRIPTION: Descnle only the property to be reYoned using either metes and -bounds for division reference - acres out of the _- - Survey. tor) Heritage Oenter Subdivision; Lot 5'�.. Block (and/or) 1�ltl.l Raritom .ranter Circle• Street Address (es) of the noperty Volume and Page of deed(s) which conveyed the property to the present owner.' Volttm,e 77 Page 1-1 e $ � � p .. .acres. 17. s`l, of Ownership: Sole Owner; _ Cotrumurity Property; XX Partnership; Corporation; OWNER'S SIGNATURE — 1��►�.,��.--. g address) RIAL13241..R.a k,._I ,at_Z 6LL (zip code) TELEPHONE 258-8419 AGEN?" S SIGNATURE .rust. 8519 Cali 1. Drive, Suite 805 (=nailing address) ' Austin. Texas 78729 code) U ownership is other than sole or cuaununity property, name the partners; principals, beneficiaries, etc..._ respectively: 1)_zalize4r, jaT'�. .. President.910 Raritaze Center Circle Round.._Rack, Tx. 78664 (position) - (p(address) (zip code) 84 ZONING APPLICATION General Plan Amendment PLanned Unit Development (P.U.D. # 10) Heritage Center PUBLIC HEARING AND ZONING RECOMMENDATION a K f".E'o c/.6 s/TE- LOCATic A/ /--7,4.. DATE OF REVIEW: December 2,1993; (P&Z) December 9, 1993 - City Council APPLICATION NUMBER: 93-5506 REOUESTED BY: HF2M Inc. DESCRIPTION: Acreage: 17.54 Acres of land LOCATION: This tract is located on the south side of Palm Valley Blvd. just east of Mays Ave. 1 Heritage Center PUD #10 93-5506 ADJACENT LAND USE: South: Brushy Creek East: Commercial North: Palm Valley Blvd. then Single Family Residential West: Vacant LAND USE POLICY: EXISTING ZONING: REQUESTED ACTION: ASSESSMENT: Commercial 0-1 Commercial Rezone to Planned Unit Development district MF (Multi -Family residential) Developer has submitted a land use which creates less of a traffic demand than the existing commercial zoning permits. The proposed plan incorporates many amentities and guarantees, in regards to quality of development, which could not be obtained under traditional zoning and development regulations. RECOMMENDATION: Approval of rezoning to Planned Unit Development - MF (Multi -Family residential) 2 DATE: December 7, 1993 SUBJECT: City Council Meeting, December 9, 1993 ITEM: 9.F. Consider an ordinance to rezone Lots 5, 6 7, and 8, Heritage Center Subdivision from District C-1 (General Commercial) to District Planned Unit Development (PUD) No. 10. (First Reading) STAFF RESOURCE PERSON: Joe Vining STAFF RECOMMENDATION: Approval On Thursday, December 2, 1993, the Planning and Zoning Commission recommended approval of the requested zoning change. STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK VOL 248OPGEO5G1 10813 I, JOANNE LAND, Assistant City Manager/City Secretary of the City of Round Rock, Texas do hereby certify that the above and foregoing is a true and correct copy of an ordinance passed and adopted by the City Council of the City of Round Rock, at a meeting held on the - day of Texas, at (K3 19 , which is recorded in the minutes of the City of Round Rock in book WITNESSED by my hand and seal of the City of Round Rock, day of Texas on this , 19 q J+t.� NNE LAND Assistant City Manager/ City Secretary aR/,L4,1A,� Eco vo .'24 OPAGEO i2 Heritage Center PUD No. 10 17.54 Acres ORDINANCE NO. Z 93 0 9 F 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 17.54 ACRES OF LAND, LOTS 5, 6, 7 AND 8, HERITAGE CENTER SUBDIVISION, ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT C-1 (GENERAL COMMERCIAL) TO DISTRICT PUD (PLANNED UNIT DEVELOPMENT) NO. 10. 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 2nd day of December, 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. 10 and, WHEREAS, on the 9th day of December, 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 Dept Misc./Ords./C-1 to PUD No. 10 1 VOL. 248OPAGEO5 40 Heritage Center PUD No. 10 17.54 Acres 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. 10 meets the following goals and objectives: (1) PUD No. 10 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (2) PUD No. 10 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. 10 will be adequately provisioned by essential public facilities and services including streets, parking, drainage, water, wastewater facilities, and other necessary utilities. (4) PUD No. 10 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.10, and that the Mayor Dept Misc./Ords./C-1 to PUD No. 10 2 io 3 von. 2 4 8OPacF 056 4 Heritage Center PUD No. 10 1754 Acres is hereby authorized and directed to enter into the Planned Unit Development (PUD) 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 this 1993. Alternative 2. 1993. day of 1 .' READ and APPROVED on first reading this the day of READ, APPROVED and ADOPTED on second readin: this the day ,1993. A EST: NE LAND, City Secretary Dept Misc./Ords./C-1 to PUD No. 10 1' CHARLES CUL PP ' , Mayor City of Round Rock, Texas voL.248WAGE 0 5 6 S EXHIBIT "A" Legal Descrpition of 17.54 Acres of Land Lots 5, 6, 7 and 8, Heritage Center Vo1.24b0PdGE0'566 HERITAGE CENTER DEVELOPMENT PLAN PUD Number 10 Exhibit " B It to City of Round Rock Ordinance No. 1 q3 --)d^ F This exhibit contains 13 pages VOL. 248°PaH 056'7 PUD No. 0 This agreement ("Agreement") is made the - l fl day of , 19 °1 3, between the City of Round Rock, Texas, having its offices at 221 East Main Street, Round Rock, Texas, (hereafter called the "City") and HF2M, Inc., A Texas Corporation, 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 HF2M, 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 HF2M, Inc. as to such property shall be assigned to the new owner, and HF2M, 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 17.54 acres of land for a 336 unit multi -family residential development on a tract of land located within the corporate limits of the City and more particularly described 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 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 December 2, 1993, and December 9, 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 December 2, 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 lands shall be developed for multi -family uses as generally shown on the plan attached hereto as Exhibit "C". 2 VOL.24CfOPAGE0568 The development of this area shall consist of a maximum of 336 residential dwelling units together with parking, a rental office, recreational amenities, and, other accessory uses. The development may be constructed in phases. 3. RESIDENTIAL DENSITY Residential densities for all phases of residential development shall not exceed density of 20 units per acre calculated for the entire site. 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 for all. •residential dwelling units from Palm Valley Boulevard shall be 35 feet. 4.1.2 Driveway access to the lands from Palm Valley Boulevard shall be limited to one access points as generally shown on Exhibit "C". This access shall be designed to prohibit left turns onto PalmValley Boulevard until such time as a traffic signal is installed at the intersection of Palm Valley Boulevard and Heritage Center Circle. 4.1.3 Dumpster locations and screening shall be shown on site plans submitted to the Development Review Board. 4.1.4 Details of the postal delivery facilities shall be shown on site plans submitted to the Development Review Board. 5. FENCING 5.1 The Land shall be screened from Palm Valley Boulevard by providing a landscaped berm and/or a masonry and weather resistant metal or wood wall system a minimum of 5 feet in height. (Masonry excludes common cinder block and metal excludes chain link fencing). Any wood components must form part of a professionally designed fence which has been approved by the Director of Planning. 5.2 Plans for screening shall be provided to the Development Review Board for approval as part of the Site Plan. 5.3 All fence post shall be anchored in concrete and shall be constructed of masonry or weather resistant metal. Footings shall be a minimum of 12 inches in diameter and twenty-four inches in depth. 6. PARKLAND DEDICATION AND AMENITY AREAS 6.1 The parkland dedication requirements for the development for the Land shall be met in full by providing an amenity area which includes a swimming pool and club house as generally shown on Exhibit "C" for use of residents of the Land. 6.2 The Owner may construct water front amenities along Brushy Creek including a dock as generally shown on Exhibit "C" subject to the approval of the Flood Plain Administrator and the Director of Parks and Recreation. 3 VOL 243OPA6E0569 7. 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. 8. FILTRATION AND DETENTION 8.1 The Land is situated over the Edwards Aquifer Recharge Zone. The Owners will provide the storm water filtration required either on site or immediately adjacent on the parcel shown on Exhibit "D". 8.2 Detention shall be provided by the contribution of $1,600 per acre to the Regional Detention Fund. 9. OFF STREET PARKING REQUIREMENTS Alternative Parking Standards are hereby approved as follows: 9.1 Parking stalls shall measure a minimum of 9 feet by 18.5 feet. No provision for small car spaces shall be available to the development. 9.2 The number of parking spaces provided on site shall be as follows: 9.2.1 One bedroom units 1.5 spaces 9.2.2 Two bedroom units 2.0 spaces 9.2.3 An additional number of spaces shall be provided for guest parking in an amount equals to 5% of required unit parking. 9.2.4 Units containing three or more bedrooms shall provide 3 parking spaces. 10. EXTERIOR FINISH Exterior finish of all buildings shall be 90% stucco, masonry or a combination thereof. Roofing materials shall consist of roofing tile or an equivalent material approved by the Director of Planning. 11. HEIGHT Residential structures shall consist of 2 and 3 story buildings. 12. DEED RESTRICTIONS Deed Restrictions shall be provided with the final plat for each phase of development. These Restrictions shall specifically provide for the following: 12.1 Vehicle Parking. The Owner shall restrict, limit, or prohibit the use of any driveway or parking area which may be visible from Palm Valley Boulevard. as parking place for commercial vehicles, trailers, recreational vehicles, self-propelled motor homes, or boats. 4 VOl.24bOPAGE0S7O, 12.2 General Signage Standards. All signs visible from Palm Valley Boulevard 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. 13. APPLICABILITY OF CITY ORDINANCES 13.1 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. 13.2 All Other Ordinances. All other City Ordinances shall apply to the land except where clearly modified by this Agreement. 14. 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. 15. 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. 16. DEFINITIONS Definitions shall be standard definition as defined by Black's Legal Dictionary except where applicable as specifically defined in the Development Agreement. 17. EXHIBITS Exhibits "A" through "D" attached are part of this Agreement. 18. 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 VOL.2480PhGf0571 herein, and the then Owner of the portion of land affected by such waiver, modification, amendment, discharge or termination. 19. APPLICABLE LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. 20. 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. 21. 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 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. 22 . GENDER OF WORDS Words of any gender shall include the other gender where appropriate. 23. BINDING EFFECT This Agreement will endure to the benefit of and bind the respective heirs, personal representatives, successors and assigns of the parties hereto. 24 . 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. 25 . 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. 26 . 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. 6 VOL. 2480PAGE0572 ATTEST: 7 CITY CITY OF RUND ROCK, TEXAS BY: Charle Cul r ftper, Mays DATE; Ue..-e LLA) 11(1 HF2M, Inc. A Texas Company DATE; j 9 93 VOL.2 48 WAGE 0573 Pacific Southwest Bank, F.S.B. DATE; i 77q THE STATE OF TEXAS COUNTY OF HARRIS Thi instrument was acknowledged befpr.91 me on the day of Oembef-- , 1993 by eige kfelK-Clt , Pacific Southwest F.S.B, on behalf of said corporation. :11.1.41111- immesuir1 ' • WS. $ $$$$$ 111111$44* BECKY ELIZABETH CHENEY Notary Public, State of Texas My Commission Expires 8-06-91 ,,,,,,, ...... otary Purc, State of Texas Commission Expires: q(6q Name Printed: tiecki 7724he)14 CkYiey 8 VOL: 24b0PdGEo5 7 4 • THE STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on the dayof g Q, \QS,.` , 1993 by Charles Culpepper, Mayor of the City of Round Rock, Texas. VIRQINtA M. MORENO Notary Publie, State of Texas Corrsniss$on Expires Jan:1111896 07;!..$.-1 Notary Public, State of Texas Commission Expires: Name Printed: THE STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on the '7 day of er,e r , 1993 by Jeffrey Drinkard, President, HF2M, Inc., A Texas Company, on ehalf of said corporation. :411144$11$ 114$$$$$$$ ******* $ BECKY ELIZABETH CHENEY Notary Public. State of Texas My Commission Expires 84697 .i41141441404444 ** ** 4 .....1. 1111tt11111taatt tlllf Rt Yt: Commission Expires: 09 g7 Notary blic, State of Tex Name Printed: ,4eCICi -V17.q6G14 CA if1 el/ 9 VOL. 248OP6EOi75 EXHIBIT "A" Legal Descrpition of 17.54 Acres of Land Lots 5, 6, 7 and 8, Heritage Center voL. 243 OPAGE 0576 Exhibit B LienholdersConsent State of Texas County of Williamson know all men by these presents that we, 05ELEy W. H. Mosley Company being the holders of a Deed of Trust on the lands described in Exhibit A of this agreement which is recorded in Vol. Page 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. State of Witness my hand this / :A4jti‘ day ofEseemite 199A.D. County of Th This instrument was acknowledged before me on the /1/10,9EL* 1 4„ 1997, by Printed Name: My Commission Expires: Notary Public, State of L7)A-HO If 19 eEstbf tiu EXHIBIT C 111911W4 l' RIG TURN ,.„.. • 0, ,• :44g111104 VOL248 OpAGE0577 4 iji PEN PLAy HERITAGE CENTER 336 MULTI-FAMLY UNITS RF2M Round Rock, Texas orWoolf • C. VcAt.e 11 Ar.) RECORDERS 10:EMORAINTDITIA, All or pans of the text on this page was net clearly legible for satisfactory recordation. VOL 2 4 30pAGE0578 '1U 'El' 1111 °' I °°°° 0 .0.0,4, •,00., r I 140111010, AI HERITAGE CENTER HF2M,Inc. Round Rock, Texas BLDG. CLUSTER OPEN AREA RECORDERS MEMORANDUM parts of the text In thiz page was n4 clearly legible for satisfactory recorciation ''''07,11!•''" '7 . •• • .. • ••'• *WI .1. • ,71101179,.. • „ ""7.1•44r vol.. 2 4 8 Phu 0 9 it1OA '1104 HERITAGE CENTER HF2M,Inc. Round Rock, Texas BLDG. CLUSTER OPEN AREA volleyball, basketball, etc. RECORDERS MEMORANDUM or parts of the text on this page was not clearly legible for satisfactory rection HERITAGE CENTER HF2M,Inc. Round Rock, Texas RECORDERS MEMORANDUM or parts of the text on this page was not dearly legible for satisfactory recordation. h :/BoiV4 o7 E -/!/RAG. 7/ /7• `20'/.UE _- yr C' /7c"...,4,3,""„ 4 ER ITAGE C ELATE Us• - 276Z.CL;A•/G fiat" A/54'45 J6 I✓^- A"5,'07 t R 4,-11. /3' • 33.00' A _ 116.52'5/" Gor ,t/.�S�O�'dG f - A • 69.07' A. 94'45'/5 Q'O 2 .uey tee„ ""•••-.. 5•A1� q'► vim_ - re. VOL 248OPGEOb8i cUR I/ ©A TA ARC CHORD CHORD 116.781 NG 2 6 7 8 DELT,. 8ADIIUS' 56° 20. 00" 54' 18' 00'' 33' 05' 29" 76°17'42" 28' 28' 00" 28" 28' 00" 27' 15' 58" 27" 15' 58" 9 234°3156' 10 14°30'45" 60.00 60.00 60.00 60.00 300.00 200.00 30.00 30.00 60.00 60.00 58.99 56.86 34.65 79.90' 149.05 99.37 14 .28 14.28 245.59 1520 56.64 54.76 34.17 74.12 147.52 98.35 14.14 14.14 S 42' 38' 32" E N 82' 02' 28" E H 38' 20' 43' E N 16'20'52"W S 27.30' 30' E N 27.30' 30" W S 28'06' 31" E N W22' 29" W 15.16 N 61* 45.05'W L O r 5 8 w-- _ _ _255.00' si 76. 6-6' c<7., 95_3.4! • -�-, 41 ,4pr o � R rl �M ' 0.44/n/A4E E45EME/✓7 1 zos or' Z5� /o'vuF1/ LU7 Z /5 54.44 3456)5f Esti \ .'s3G,'7as 1l L.277- 1 OT } .V 7G' 38' 0 0 ^' a -- 8 7/. 33' ,W 0 • 3EE "-K f1 I p1 1' N53 50%S'✓- 3114/' 55 r •5/7/ 00•Op"E /G/. 06' Nf/SS rGE ,9E.5/.V/6- 1 Ol LOr 5 ZO" sEWE, EASEME,1/7- .55 55 8 155 h it 5' i0 3.GS SG f -� S3jJ�i /o SUE GJKA/,�A<; EAS644,A/r ,�i9c/c uriur✓ v 18 .6e/S7//t/ C�FE.Y 5.13 G/rr_ OF • R6) /A '.O R04 K e O r 6 X33 ABN •2GG.G2 A m�vr/ SS5/ 51 F-nJB9'S4.4G :----47---;;;;;-4 � / Logi 5/ 5'79 O/'.Sn • Z7`1I ��'/o sn a 1, Exii;kir P OWNERS: ACREAGE: SURVEY: N0. OF BLOCKS: l S/f0 S5 -3347' 70.29, oT /0 ,5/59'/0 /3 E -. 9704 9'" e;. 'uGb' . E:v/$ NFN.</A 533.vti REN BURGE AND THE PROTESTANT EPISCOPAL CHURCH OF THE DIOCESE OF TEXAS 46.406 ACRES WILEY HARRIS 1/3 LEAGUE NO. OF LOTS: LINEAR FEET OF NEW STREETS: DATE: SURVEYOR: 10 822.38 NOV 7, 1984 ASSOCIATED SURVEYING A NAPPING. INC. RECORDERS itIgitfortAnum All or parts of the text on this page was not clearly legible for satisfactory recordation. 11/05/1993 15:44 - 512258P419 STE�NDEBACH 8 ASSN'. PACE 81 ot.- 24G. 058 Planning ,and Community Development APPLICATION FOR ZONING CHANGE CTTY OF ROUND ROCK DATE: _November 8, j.293 To the City Council: Hp'2M, Inc., and Pacific Southwest Bank By; Stendebach &Associates, Inc. Re p 4irettinflElryreffnfruer) e(name of agent) hereby make(s) application to the City Council of the City of Round Rock for change in zoning designation of the property did below: FROM _17-1 Mulct (pmt zoning siIlcatio' ) .R... •, Planned Unit Development District (present proposed classification) for the purpose .of _ cone ttuctin an a a.rtment complex Und area of property to be reaon+sd: PROPERTY DESCRIPTION: , Demme only the property to be ree.oned using either metes and bounds ear subdivision reference. aaes out of the Survey. (or) Heritage CanYI Yi teen ���� Subdivision; Lot 5,6,7)8; Block �M P�i� (and/or) 111(3.1 Rpri rmge Canter Circle Street Address (es) of the Property Volume and Page of deed(s) which convened the property to the present owner, Whittle 2.2 77 , Pageten l . l Sy.,, '' f acres. 17. s'i Sole Owner Community Property; XX Partnership; Corporation; Trust. OWNER'S \ %$ AGENT'S SIGNATURE s-.-�.' SIGNATURE . C. . t` �'g addr) Type of Ownership: (zip code) TELEPHONE 258-8419 8519 Cahi 1. Drive., Site 805 (mailing address) Austin.:Was 78729 (zip code) If ownership Is other than sole or community property. name the partners' principals, beneficiaries, etc..... respectively: T) T— i4rd. President. 910 iterita2e Center Circle Round Rock, Tx. 78664 ()came) (position) - (address) (zip code) • 2) (name) (position) (address) 84 (zip code) RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation. 2480PAGE0583 STATE OF TEXAS COUNTY OF WILLIAMSON hereby certify that this instrument was FILED on the date and at the time stamped hereon by me, and was duly RECORDED in the Volume and Page of the named RECORDS of Williamson County, Texas, as stamped hereon by me, on COUNTY CLERK WILLIAMSON COUNTY, TEXAS