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Z-94-01-13-8M - 1/13/19942452PA6E0827 ORDINANCE NO. Z 6114 - 0/ - /3 Dr) AN ORDINANCE AMENDING EXHIBIT. "B" OF ORDINANCE NO. 1297, ADOPTED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS, ON MARCH 28, 1991, AND 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, TO REFLECT THE AMENDMENTS TO EXHIBIT "B" OF ORDINANCE NO. 1297; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. WHEREAS, on March 28, 1991, the City Council of the City of Round Rock, Texas adopted Ordinance No. 1297, which amended the Official Zoning Map adopted in Section 11.305(2), Code of Ordinances, 1990 Edition, City of Round Rock, Texs, by establishing the 398.16 acres described in Exhibit "A" of said Ordinance as Planned Unit Development (PUD) District #4, and WHEREAS, an application has been made to the City Council of the City of Round Rock, Texas to amend the Official Zoning Map by amending certain exhibits within Exhibit "B" of Ordinance No. 1297, and WHEREAS, the Planning and Zoning Commission held a public hearing concerning the requested amendment to Ordinance No. 1297 and P.U.D. #4 on the 18th day of November, 1993, following lawful publication of said public hearing, and WHEREAS, after considering the public testimony received at such hearing, the Planning and Zoning Commission has recommended that Ordinance No. 1297, which established P.U.D. #4, be amended, and that the Official Zoning Map reflect said amendments, and OFFICIAL RECORDS WIWAIISON COUhiTY, TEXAS KS/ORDINANCE OR01134M VOl.2452P6EO828 WHEREAS, on the 23rd day of November, 1993, after proper notification, the City Council held a public hearing on the requested amendments to Ordinance No. 1297 and P.U.D. #4, and WHEREAS, the City Council determined that the amendments to Ordinance No. 1297 and P.U.D. #4 and the consequent amendment to the Official Zoning Map promote the health, safety, morals and protects and preserves the general welfare of the community, and WHEREAS, each and every requirement set forth in Chapter 211, Sub -Chapter A., Texas Local Government Code, and Section 11.300, Code of Ordinances, 1990 Edition, City of Round Rock, Texas concerning public notices, hearings, and other procedural matters has been fully complied with, Now Therefore BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT: I. That the City Council hereby determine that the proposed amendments to Planned Unit Development (PUD) District #4 meet the following goals and objectives: (1) The changes to the development in the proposed P.U.D. #4 are equal to or superior to development that would occur under the standard ordinance requirements. (2) The amendments to P.U.D. #4 are in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) The amendments to P.U.D. #4 do not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and general welfare. (4) The amendments to P.U.D. #4 will be adequately served by essential public facilities and services including 2. (5) 40L.2452PAGEU8 99 streets, parking, drainage, water, wastewater facilities, and other necessary utilities. The amendments to P.U.D. #4 will be constructed, arranged and maintained so as not to dominate, by scale and massing of structures, the immediate neighboring properties or interfere with their development or use in accordance with any existing zoning district. II. That Ordinance No. 1297, passed and adopted by the City Council of Round Rock, Texas, on March 28, 1991, is hereby amended by deleting Exhibit nBn attached to said Ordinance in full and by substituting a new Exhibit "B", which is attached hereto and incorporated herein. III. That the Official Zoning Map adopted in Section 11.305(2), Code of Ordinances, 1990 Edition, City of Round Rock, Texas is hereby amended to reflect the amendments to Ordinance No. 1274 and P.U.D. #4 established therein. Iv. 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. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. 3. vol. 2452r NO0 READ, PASSED, and ADOPTED on first reading this / day of ClAt , 1994. Alternative 2. READ and APPROVED on first reading this the day of , 1994. READ, APPROVED and ADOPTED on second reading this the day of , 1994. ATTEST: LAND, City Secretary it4 CHARLES CULP PP City of Round 4. Mayor ock, Texas yQi. 252P6EO831 ExHIBrr A TO CITY OF ROUND ROCK ORDINANCE No. 1297 CONSISTING OF Flr PEEN PAGES This exhibit describes the developable land as follows: Original Franklin Tract 582.35 Acres Less Golf course (Appendix 1) 170.00 Acres Less Golf Course Access Road (Appendix 2) 14.19 Acres AREA DESCRIBED 398.16 Acres 1 vo.24i2PoEo,839 EXHIBIT "A•• FECLD NOTES FOR A 398_16 ACRE TRACT OF LAND: NOTtS FOR rig. 8Ob .twat.: int _1-O2O rx“ 815 1) b£1NC 582.3) acres of land• of ohich 232_i3 acres ace eituated 1n the E. V. t±atihcvs Sucvcy_ Abstract No_ 449 and an il.f John N_ Randall Surve Ab 345_22 acres are situated y. Abstract no_ 53I in Utliiamson County. Texas: said land being a portion of that certain Fire( Tract.. called 640 .tees, and Second Tract. -.called 289 acres_ 43 conveyed to Otto C. rfl..gcr by decd a$ recorded in volume 347, Page 524. of the Decd Records of uiIliamson County_ Tcxas• and that certain tract of land nailed 100 acres, as conveyed to Otto C_ Pfluger by decd as recorded in Volume 3SS, rat‹ 394, of th< Dccd Records of Uilliamson County. T. Surveyed on the ground in .cite month of January, 1984. under the zupfrvisio.t of R. T. tiagncss. Jr_. Registered Public Surveyor, and being more Particularly described as follows: BECINNINC at an iron pin sct at a fcncc corner on the East lint of County Road No. 122, and being the N_U_ corner of the above-rcfcrcnccd 100-acrc Pfluger tract for the N_tl_ corner hcreof-_safd point being on or near the North line of the John H. Randall Survey. A-531: THENCE. Vicki a fence along the North line of the s.id 100-aer. Pfluger tract. :nd along or near the said North line of the John H. Randall S..rvcy_ A-531_ as follo..s: S 89- 3t' 30-- E. 925_10 feet to a 40d nail _:et: t 89- 06' 30" E. 1019_51 feet to a, iron pin found; S 8g' 30" E. passing the N.E. corner of the said 100 -acre Pfluger tract a"d rt., most northerly V.E. corner of the about-rcfcrcnccd Pfluger tcco..J Tract_ :.nd continuing vith e fcncc along the North lint of hc said-Pfluger Second Trace_ for a total dlstancc of 1021_61 Sect, in n11_ to a God nail act; S 88- 53' E. passing by or near the corner of the said John H. Randall Survey and the N_v_ corner of the E. v_ Hatthc.-5 Survey. A-449_ being the N.E. corner of the said Pfiugcr Second Tract and the N_u_ corner of the above-rcfcrcnccd Pfluger First Tract. and continuing with the fence along the North line of the said Pfluger First Tract and along or near the north lin of the said E. U_ 1latthevs Sucvcy, for a total distance of 1031_93 feet, in all. to an iron pin found; S 88'-50' E. 381_12 icer to =•-a. tray }_ - itate corner and S 89. 13' E. 503.2. feet t.� a metalpost• for the' most northt crly t:_6_ corner hereof: THENCE S 12" 04' V. 612.04 feet to an iron pi266.24 feet to a tOd nail set in a fence. andn5 9t; S 43' 10' U• fecE_ ..ith the said fcncc_9 57' 3fl" V. LZS.S3 -to an iron pin act for an interior career hereof rt(ErtcE S 89' -1 2' 6. 3241_38 feet to an Firf- Fa:-t line of the said Pflugeriron pin set in a fcncc on the fine of e o }_ t; 1 st Tract_ being on or near the East ttatthe..e S"r"e)' for the cost eacterl) ti£ Coerce hereof: THEt:CE_ kith fence along the said £act line of the Pfluger First Trct, and along or near the said East line of the i_ t'_ Hatthe+.-s Survey, as follows: S 0" 4.8"_V. 432.1 f 0 tett co an iron pin acct at a fence twiner and S 0. 45'. 30- L. 1533.03 feet to an iron pin set.- the no easterly S_E_ corner 1•crcof- THENCE N 89- 12' L. 2581_89 feet to an iron pin tet for an interior corner hcreof- r«CvCt S 0' 4)' t:_ 1512.14 feet CO .n On pin found at a fcncc corner for the most southerly S.6_ corner Htrcof- TH D:C(. with a fence_ t: 89- 19' C 1125.00 Sect to an iron pin act on and or he thn e commons l int bet eco the said E. V% tlattheus Survey acrid Pfiu cr fir c- • being the co3,on line betocen the 8 st Tract and the Said Pfluger Second Tract_ and RECORDERS MEMORANDUM All or parts of the text on this page was not dearly legible for satisfactory recordation. O off . _ .. - , . d -is .. p _ _. , . • I'<lgc 1 of 3 2 vet. 2 4 5 2 PAGE 0 8 3 020.“.816 Page 2 of 3 1 F1.6.0 NOYES FOR MR. BOB CLARK. Cont. S 87- 03' W. 163-'99 fcct co An iron pin found for_th. mm,E-49yth,rly -;.. S.W. corner hcrcof; THCNCE N 1- 23' 30." E. 431-50 fact to An iron pin found for an interior corncr hcrcof; recfccc tor 56 30- W. 1106_09 feet to a iron pin found marking thc S_Z_ .corner of Jackrabbit Subdivision_ a -subdivision of rccord in CAbinct E. Slidcs 213-214 of the Flat Records of i111 son County. IcAas. for . southucstcrly corncr hcrcof: rhENCE N 0- 58' 30- E. 790_36 fcct to an iron pin found parking thc cornf the said Jackrabbit Subdivision for an intcrior corner ncrcof: THENCE N 88- 41* W. 2404.80 fcct to an iron pin found on thc said East lint of County Road No 122. parking thc U corncr of chc caid Jack- rabbit Subdivision. for thc most westerly SU corner hcrcof; THENCE. uith a fence. alone the talc! East line of County Road No. 122. as follous: N 0 43' E. 1G43_23 feet co a 40d nail act; N 0- 36' E. 1822_83 fcct to an iron pin sct; N 76- 26' 30** E. 40.50 feet ro iron 3 pin sct:-N 6- j8. 30- U, 259.14 fect to an iton pin cet cnd h 1- 07' T. feet Co the pipct of BECINNINC and containine 552-35 acrct of land_ SAVE AND EXCEPT a certain 170 acre tract described in Appendix 1 to this Exhibit, and a certain 14_19 acre Tract described in Appendix 2 to this Exhibit_ - _ Ali cr c:: cle.arly legibic for zatisfactor,y recor.dation. voL. 2452PA6E0834 VOrE. The abovc-dcscribcd tract of land is cubjcct to a 1O -foot -vide Public Utility Easement along and 10 feet South of the entire moat northerly North lint. The abovc-described tract of land is cubjcct to -an cacemcnt to Brushy Crack Uatcr Control and Improvement District No- 1 of Uiliiamson and iiilam Counties of zccord in Volume 430. Page 643 of thc-Decd Records of U[111amson County. Texas. STATE OF TEXAS COUNTY OF UILLIAfSON j 1040U ALL NEU BY THESE PRESENTS: 1' I` T Magness. Jr_, Registered Public that the abovc-described tract of $urvcyor, do hereby certify mypersonnl supervision during thland ..,as survcycdon [hc ground under desert e ponth of January, 1984. and that said Ption is_tr., end correct co jthc best of cy kno,,lcdEc and bc11 f_ 3 TO CERTIFY WHICH. UITNESS my hand and _.seal at CeorgeLovn• t-Tliila= . this Clic 12th day of Januar son County, Texas Y. 1984. A_ D_ .cg1c Publ vrvcyor, tti .v 1• Hagncss. Jr. 1433 NOTE: Access to a 100_00 acrc tract in the N_£_ corner of the said Pflugcr fircL Tract Ic along 4n t.,iscing Pasturc Road or as shot,.. s.id t‘• be 60 fact vide_ tette EXHIBIT A r iJ 1� GLcgcr 13133oli_-inb_ GG+avte•-.e ...w.t. .• to Rerl t.d 4-9-$4 forN f_ O_ e74 w . 04,0,301),K. kilt RECORDERS MEMORANDUM All or parts of tilt teat it: dz.-411y IC,'Ibi... for S-, _ on t1215 page was notatis#ac„ory recordation. 4 Pagc 2 of 2 // Job No,920 1'age 3 of 3 AI'1'1:ND1X 1 -1-0 F.)011131'1- •A' 1-11-71.41 rwi 11 vet,. 2452PA6E0835 11C1t<C 170.00 •ccs4 of lana out of the fi_ it )Lttihe, 9.,,,y_ Abatc.e4 No_ 449 and the John 1i Randall Survey_ -116a1raet ltio_ S31_ N111iantion County_ Ti a,t_ and being n pert of that certain S82.3S acre tract of land described in e decd to -len Franklin Corporation recocded in t'oltn.e 1020 el rage 817- Official Rcco -d. of 14l 11 ientjon County. and being (fore pat -t iculacly described by metes and boa.atds a3 folows: fiCG1NN1rx; et the nortltcae2 corner of s.id 582_35 acct tract_ awid point .1so being the southeast corner of Oak Bluff Elates, Phase Z_ . subdivtalon of ceco_d tiled in Cabinet F_ Slide 253_ Plat accord., of iii I 1 lenzson County: Ili£3 S 11" 59' 28" W a distance of 610_09 fact to an iron rod found- Ilii S 48' 10' 52" W a distance of 7-65_8: feet to en icon rod fou, -d: Tlf NCE S 0S' 53' 39" W a distance of 425_73 feet to en iron rod found: THENCE S s5' i7. 00" E e distance of 490_00 feet to en Iron rod act r< _ trevet-sing the interior of said 582_33 acre described courses and distances to icon rods set tract_ the following (1) S 00' 00' 00" W e distance of 170_00 feet: (2) S 77' 12' 11" E a distance of 195_39 feet: (3) N 89' 04'-33" E a distance of 620_08 feet: (4) S 78' 10' 19' £ e distance of 975172 feet: (5) S 30' 31' 34" £ a dist.nce of I10_i1 feet: (6) S 2S' 33' 34- E a distance of 223_61 feet: (7) S OS' <2' 38" W e distance of Z01_00 feet: (2) S 15" 13' 18" £ a distance of 142_0S feet: (9) S 20' 33' 2'2" tf a distance of 128_1; feet: (to) S S6' 18' 36" W e distance of 90_14 feet: (I1) S 2S' 204 48" 1 a distance of 210_24 feet: (12) S 90" 00' 00" i9 a distance of 110_00 tett: (13) S Se" 13-36" is a distance of 144_21 feet: (14) N 72' 56' 35" W e distance of 920_49 feet: (15) N 79" 41' 43' W e distance of 559_02 feet: (I6) S 64" 58' 59" W a distance of 161_53 feet: (17) S 18" 07' 19" 14 a distance of 578_71 feet: (18) S 39' SG' 11" tY a distance of SG0_80 feet: (19) S 62" L4' 29" W a distance of 107_35 feet: (20) 5 90' 00' 00" W distance of 195_p0 feet: (21) N S2" 48' 55" 17 a distance of 182.410 fc, t - (22) N 03" 15' 07' l-: a dist«rtes of 4(0.71 ft^1: (=3) n 7G" 33' i4_- i' -a di«16utcc of 111_80 fcci: 5 VOL. 2452PAGE 083fi 424) N G1' 'it' 1G' 1. a+ 41,1a4ice of 241_Si flet: (25) N 00' 00' 00" C n dlata.ace of 213,_00 feet: (Z£) N 31' 13' 45- G a d1v44.oce of 273_22 fce1: (27) t 09- Z7' 44- W w d1.Lance of I8Z_QS tett: (28) ti 3Z' 00' -197 i4 a distance of 377_3C feet: (29) N 03' 21' ;4" E a dietaacc of 425_13 feet: (30) N 21' 30' OS" W a distance of S3Z_02 feet_ (31) N 07' 12' 51- E a distance of 796_30 feet: (32) N 64' 03' 28'" w a distance of 203_73 feet: (33) S 59' 02' 11- W a distance of t74_33 feet: (34) S 53' 16' O2^ W a distance of 418_00 feet: (3S) S 45' 90' OO- W : distance of G71_75 (cct: (3G) S 00' 00' 00' W a distance of 325_60 feet_ (37) S S4' 14' 46" w a distance of 308_0£ feet: (38) S 10' 21' S9" W a distance of 416_80 feet: (39) S 15" 48' 09" E a distance of S50_82 feet: (40) S 0O 00' 00' W a distance of 110_00 feet: (41) S 30' 34' 45- W a distance of 127_77 feet: (42) 3 57" 43' 28- ri = disiun,rK_ +moi i1Zx-; feet: (<3) S 90' 00. 00-- h -a distance of 315_00 feet: (4<) N 19' I3' SO" W a distance of 227.71 feet: -(45) N <8' f4' Z3- W a distance of -137_68 feet: (4G) S 90' 00' 4O^ W s distance of 2G0_00 fent: .(47) S 81" 47' 34" N e distance of S23_38 feet: (48) S 48' 17' 2<- W a distance of 4;2_77 feet_ (49) :i 77' 00' lo- N a dlat.nce of 66_21 f.t: (3o) N 26' 33' 54^ if a distance of 78.26 feet: (31) S 90" 00' 00- W n d1stance of 130_00 feet: (32) N i7' 44' 41" W e dietenee of 131_24 feet: (53) N G1' 38' 37" W a distance of '_61_77 feet: (S4) N 43' O1' 30- }f d dletn'*cQ of ZOS_1x feel: (SS) N 12- S2' 30" w a distance of 179_31 feet- (54) f: 20" 19' 23- Y_ „ dintancc of 437_81 (Cl(: (-'7) V OG' 04' 21-': ,11,tanee .4f 71C_31 fect_- (;a1 N 23" 02' 22' :� w f11Y1wt.C•a .7f 117_I!) 6 2 of _ --`• - t4 i �_ �' " Ltit � Lai 4. biJ r -'72 'i f� �� V.Z ^ nct VOL. 2452p,6E 0837. fi92 \ on" Uo' lig" 1: a .t�o:f.ni of 16i•110 feet: (601 N S9" 11' Uc" F_ .. diai..ncc of 131.85 feet: (St) .\ 37- 38' S1" E a diat.nce of 271.07 feet= t6Z! N 53' i8' 2'" E R Alatance of I0813_12 feet_ (61) S 34" 17' 36" E e distance of 794.08 feet_ (6t) S 15' 30' 3S` Y_ a dielt„ncc of 384.61 feet: (65) S 53' 38' 49" E .. distance of 776.03 feet- (65) \•37' 41' 39" E a distance of 139_0/ feet: (67) N 12' 13' 30" 11 a distance of 306_96 feet: (68) N 13' 17' 55" E s distance of 287_57 feet: (69) +C 74°' 30` 41" F a distance of 430_64 feet: (703 N. 40' 48' 54'• E a distance of 436_03 feet: (71) N 87' 3<' 50" E a distance of 355_31 feet: (7Z) \ S7a 46' Sar E a distance of 165_18 feet to an icon cod set in 11, line of said 582_35 acre tract: < north I irr ,�'ty the north line of said 532_35 Acre tract and the soutt, the followdescribed three (3) ccsi,of Oak courses and distances: (i} S 88' 53' 40" E a distance of 183_81 feet to an iron, rod found: (2) S 92' 47' S7" E s distance of 320_72 feet to ar. iron rod found_ and: (3) S 89' 02' 29" f E ©distatce of 501_86 feet to the Pl Containing 219_851 fend. ace r fle?inning_ SAVE AND EXCEPT PARCEL 1. 'described 28 folio -.:s_ to Kil: I3ix1N11NC ai a point in of filep said 5c`2.35 acre tract_ said aoint being _ above described Z49_831 acre tract_ e_.d from ,.; ,n northeast interiorn Bald 382_35 acre tract kers Y 12' OS' 37" E distance o the 5_27feet corner of a disian�c of 3985_27 feet: described courses and ��E---icev�-rainy the interior. of said 249_851 acre distances to iron rods Set: tract. ific fol io piny (1) S 63' 39' 48" E a distance of 599.85 fc-_t: (7) N 80' 14-31" i? a diatanco of 796_52 feet: (3) S 55° 02' 11" E e distance of 670.56 feet: (4) S 06" 40' U0" E a distance of 387_62 feet' (5) S 200 33' 22411 a distance of 1:0.88 feet: (6) S 39' at' 11-11 a distance of 1;1.23 fcct- (7) V 56' S6' 43" 14 w distance of 360.35 feet: (H) N 36- 3i' it" 14 a distance of 252.21 feet_ (9) t4 6;' 39' 32-•w a distance of 230_49 feet_. (10) S 90' OCs' 00" w a distance. of H36.00 fret: (11/ t, 1.:!' 19' 11 it +, disla...:._ of 379.43 feet: 7 a;c3of.� .J i. z nN TT LT ..+_ti 4 v . 2452PA6EC838 (12) N 3si' 09' i8` E s dtsta..1.7C of t78_04 feet to ..the etecc of tte$irvlintt- containing 2S_296 acres of land_ SAVE AND excu'I- PARCEL i_ described as fo11o,s_ to IiFt:tNv1NC wt w tKai.tt in Heid 3$2_33 ecce ld point _.cin of the above described 249_8St acct tract_ w<.d from which tc: s :e i>>c interior said S82_35 acre tract bears N C3' a "�'cti�t corr�cc of Z. 40" £ a distance of Z903_79 fret THENCE traversing the interior of said 249_8St acre tract_ described courses and distances to iconcods set: thec fol io.,ic� (1) S 15° SS' 43" W a distance of 291_20 feet: (2) S t0' 42' 00" 1Y a distance of 630_00 feet: (3) S 68' 36' OO• -W a distance of 12(2.19 feet: (4) N 61' 10' 00^ 1Y a distance of Sd8_13 feet: (S) N <S' 47' 05- E a distance of 258.12 feet: (ti) ` 00' Oil' OO (. a dietence of 180_00 feet_ (7) Y 24' S3' Z9" K a distance of 673_44 (cat: (a) N 450 09' 38' E a distance of 1232_90 feet: (�) N 72' 53` 50'• E a distance of 104.: 174.- . * feet: (j0) S la- 05' OP" E e distance of SIS_<G feet: (11) S oia 22• 49-c a distance of 780_00 feet to the ;'lace of t3cgaru,i_ (1) containing S<_SSS acres of land. The net ares of the hent of tend described herein is 170_00 acres_ Stan Coattc- APS LSL3 9-12-89 8 ')ge 4 of 4 R{ COPD^^S MEMOf?AIL'DIPI yot.'2452Pa6E083 A 1'1'i:N1)1X 2 -FO l.Xi 111;11- .A. 1' 1 C LU 11011: U 1: SCR 11' T 10u Of TWO (RAC 1 S Of LAM BEING OU l Of I I1L R£1 -1A 1140th 01 THAT CERTAIN -582.35-ACRE TRACT Of LANG SITUATE° Irl THE E_W. MATTHEWS SURVEY, ABSTRACT NO. 449 AND THE JOU1d U. RANDALL SURVEY, ABSTRACT NO. 531, WILLIAIISON COUNTY, TEXAS, SAID 582.35 ACRS BEING CONVEYED TO BEN FRANKLIN CORPORATION, A TEXAS CORPORATION, BY INSTRUMENT IN VOLUME 1020, PAGE 812, OFFICIAL RECORDS OF WILLIAHSON COUNTY, TEXAS, SAID TWO TRACTS OF LAND. BEING HEREIN MORE PARTICULARLY DESCRIBED FOR RIGHT -Of - WAY PURPOSES, BY METES ANO BOUNDS AS -TRACT ONE, BEING 10.7450 ACRES AND TRACT TWO, BEING 3.4506 ACRES AS FOLLOWS: TRAIT ONE 1%.11.c 1 of 7 BEGINNING at an iron rod set on the east right-of-way line of Williamson County Road No_ 122, same being the west line of said 582.35 acres from said POINT OF BEGINNING a I/2 -inch iron rod found for the southwest corner of said 582.35 acres bears SOO°45'18"W a distance of 247.55 feet; THENCE continuing with the aforementioned common east right-of-way line and west line of the 582.35 acres, same being the west line hereof, N0O°45'18"E for a distance of 160.00 feet to a I/2 -inch iron rod se't; THENCE leaving the aforementioned common line and through said remainder of the 582.35 -acre tract with the north right-of-way the following described courses andldista diine of stancesto 1/2 -inch in - iron rods set: ; ro , 1) 544°14'35"E for a distance of 28.29 feet; 2) S89°14'28"E for a distance of 50.30 feet to a point of curvature of a curve to the left; 3) With said curve to the left having a radius of 330-00 feet, a central angle of 34°14'51", a long chord of 194.33 feet (chord bears fl73°38'07"c) for _;i, arc inn9t h of 197_ 5 f to a point of tangency; Z eet 4) N56°30'42"£ for a distance of 277.32 feet to a point of curvature of a curve to the right; 5), With said curve to the right having a radius of 520.00 feet, a central angle of G1°53'58", a long chord of 534 (chord bears 1187°27'40"E) for an arc len th of 86 feet to a point of tangency; 9 561 78 feet 6) S61°35'23"E for a distance of curvature of a curve to the left; 214_54 feet to a point of 7) With said curve to the left having a central angle of 56°40'51`, a oai radius of C3O.00 feet, chord of 40_25 feet (chord bears 589°55'47"E) for an arc length of 425.38 feet to a point of tangency; 8) 1161°43'50"E for a distance of curvature of a curve to the rightiSe_29 feet to a point of 9) With said curve to the right having a radius of 570_00 f a central angle of 41°34'51", a longoeet, 44.64 feet (chord bears N82°31'14-0 for an arlength of 413.66 feet to a point of non -tangency; 10) S70°15'53"E for a distance of 536.25 feet to a non -tan en point of curvature of a curve to the left; 9 t 11) With said curve to the left, having a radius of 290.00 feet, a central angle oof 107°03'49", a long chord of 466.43 feet (chord bears N49 46'44"E) for an arc length of S41_90 feet to a point of tangency; 12) NO3°45'10"W for a distance of curvature of a Curve29' 73 feet to a point of 13) With said to the :right: Curve 10 the right having a radius of ) a central angle of 21031'39" 10.00 ffeL. (chord bears 7110°00 a 21C Chord o: 337.1;f fent to a (point of tangency:WE) for an art 1Cre:ttl� of 3.1 _ I2 ft _.. 14) 1123046'31"E fur °f d i ;tn.tc:i- !I/_01; f torvattre of a curve to the left. Let to t poin', u1 9 VOL. 245PAGE 0 8 4 0 2 of 7 IS) With said curve to the left having a radius of 420_00 t a central angle of 83°36'25"; a lonofeet 59_93 feet (chord bears N/8°01'44-14) for an arc le}ngt of 612.137 feet to a point of tangency:. 16) NS9°49'56-W for a distance. of 170.58 feet toaoinL corn -non interior line of p on the said 170 -acre tract and the remainder of said 582.35 -acre tract of land for a corner hereof; THENCE with the aforementioned common interior line line hereof, N00°00'00"E for a distance of 69.40 f set for a corner hereof; same being a feet to a 1 j2 -inch _iron rod .THENCE leaving the aforementioned line and continuing through said remainder of the common interior described courses and distances to 1 8n-rotract the folloti+in° 1/2 -inch iron roen rodsstsseet, 1) 559°49'56"E for a distance of curvature of a curve to the right ;05.46 feet to a point of 2) With said curve to the right flavin g a a central angle of 83°36'25" a on radiusrd of 639 g (feet E) (chord bears 518°01'44"9 chord of 639.91 feet for an arc length of 1013.42 feet to a point of .tangency; - 3) 523°46'31-W for a distance of 327.06 feet to a curvature of a curve to the left; paint of 4) With said curve to the left, angle of having a radius of 550.04 feet, a 9 27 31 39", a long chord of 309_ en 29 feet (chord bears S10°00'39 -W) for an arc l to a point of tangency;9th of 312.29 feet 5) 503°45'10"E for distance of curvature of a curve to the right - 95.73 feet to a point of 6) With said curve lo the right having a `-f"trai angle of 107°03'49" a radius of 350 00 t a longfeet �- chord of 562.93 feet (chord bears 549°46'44"U) to a point of non -tangency; an arc length of 654_01 foci 7) 1176°41'20"W for a distance of 532-88 feet to a non -tangent Point of curvature of a curve 8) 'With said curve to the left; to the left Having a radius a central angle of 41°34'51", a longof 4519_4 feet, (chord bears 582°31'14"W chord of 319_C6 felt to a point of) for an arc length of 326.58 feet o tangency; 9) 561 43'50"W for a distance of curvature of a curve to the right; feet to a 10) With said point of curve to the right having central angle of 55°40'51- a radius of 550_00 f achord bears NII9° S6 4 ' a long feet, g chgth of S44_18 feet to a point of) for an arc length of 544_10 feet 11) Pdbl°35' tangency; 23"W for a distance of curvature of a curve to the left:214.50 feet to a 12) With said curve to the left havin point of a central angle of bi°S3'SII" g a radius of 400.00 f (chord bears S87° 0"W ' a long chord of 411.43 feet to as point of tangent ) for an art length of 43 tet 13) 556 30'4 Y 2.14 felt 2"W for a distance of 211.32 feet to a curvature of 14) -With said a curve to the right; point of curve to the right leaving a radius of x50_00 f (chord central angle gS73°38'l e f 34°14'51-,4 a long chord of fee t 07"W) for an arc length 268.98 teff -feet 1S) >9 to point of tangency: 9L of 268.911 28"U for a distance of 50.29 feet; 16) S45°45'25"1/ for a 13£G1tdt�tliff distance of 28.28 feet to , of the herein -described !RAO'idjt- vllif nOf 10-7450 acres (468,052 square feet) <,f land area_ =®•ai�ini<�r� a re.� 1 0 •49 - Lane r rwo YOB.4�pAGf61c�41._ I'agc3<f7 BEGINNING at an iron rod set on the interior line of said 170-a tract, same being an interior line of said remainder- of the 582.35-acretract and the west line hereof, from which the Point ofere S47°42'39"W a distance of Beginning of TRACT ONE bears 3379.41 feet; THENCE leaving the aforementioned common line and through remainder aid of_ the 582.35 -acre tract the following distances to 1 g described courses sand /2 -inch iron rods set: 1) 1459°49'56"W for a distance of 93-37 feet to a point of curvature of a curve to the right; 2) With said curve to the right having a radius of 541_ a central angle of 47°46'32", a lon 03 feett LI (chord bears N35°S6`41"9 chord of 438.18 feet to a point of tan for an arc length of 451.13 feet enc ) 3) Nit o 03 32 " W for tangency; a distance of 135.00 feet to -a point of curvature of a curve to the right; 4) With said curve to the right having a radius of 330.00 feet, a central angle of 38°56'33", a longe {chord bears N07°24'52"E} for an arlengthgof 220.09 feet to a point of compound curvature of a e24.29 feet 5) With said curve to the right havingcurve to the right; central angle of 31°12'40", a radius of 415.73 feet, achord bears of a long chord of 223,.57. 'feet to a point_ of tangency; for an arc length of 226_46 feet 5) 115II°05'50"E for a distance of92 _ of curvature of a curve to the right 61 feet to a 7) With said curve to the right having a radius of 5 point feet, n a central angle of 32°59'47", a loIII_fl2 (chord bears f174°35'44^E)g chord of 351..02 feet et to a point of tangency; for an arc length of 355.92 feet 8) 588°54'23"E for a distance of curvature of a curve to the right; 73 feet to a 9) With said point of curve to the right _having a radius of 9 feet, a central angle of 05°59'52' 1145.95 feet (chord bears 585°24°27 w _ - long chord of 105.85 �0 ) feet to a point of tangency; t) foran arc length of 145.95 S8i 54 31"E for a distance of rod set on the a distance interior 3.78 fent to a and said remainder line 10 --inch iron of the 582_35 -acre said 1 for e tract hereof; tract for 2 corner THEME with the aforementioned distance of 92.75 feet to a I d common /2 -inch iron rod line, SSiher of: for a set for a corner iter THEME leaving hereof: of the 582_35 -acre the aforementioned line and e tract the following described courses and Udistances ' inch iron rods set:h remainder to 1J2- 1) 1181°54'31"W for a distance said curve of 16.95 feet to a 2) Withthe Left; point of curvature of a curve to a central to the left having a radius of (chord angle of 06°59'52", a lon 1130.99 feet, to a bears N85°24'27^W) for 9 chord of 138.2 feet point of tangency; an arc length of 138.62 feet 3) N88°54'23"W for a distance of curvature of a curve to the l 540.73 feet to 4) With said eft; a point of curve to the left having a central angle of 32°59'47^ a radios (chord of SS1feet, ( bears S74°35'44"L? a long chord of 316.94 236 feet 5 to oa point of tangency; ) for an arc length of 321.36 feet 558 05`50"L1 for a distance of curvature of a curve to the left; 3`32.61 feet to 6) With Said curvee t: a point of a central to the left havingradius angle of 31°12'4 J a o( of 395.73 f - t.e (chord bears S12°?9'?9•L,j for' a lung chord of 191 _ 3r7 f• to(c a point of•'n arc lin r; Compound curvature of a gtlr of l`13_Ii3 f.•r.t Ctrry t' to [hi! 10t; 11 VOL 2452PAcE0842 Page 4 7) With said curve to the left having a radius of 270.00 feet, a central angle of 38°56'33", a long chord of 180.00 feet (chord bears 507°24'52"W) for an arc length of 183.51 feet to a point of tangency; 8) S12°03'32"E for a distance of 135.00 feet to a point of curvature of a curve to the Ieft; 9) With said curve to the left having a radius of 481.03 feet, a central angle of 47°46'32", a long chord of 389.58 feet (chord bears 535°56'41"E) an arc length of 401.10 feet to a point of tangency; 10) S59°49'56"E for a distance of 101_30 feet to a 1 /2 -inch ron rod set on the common interior of said 170 -acre tri t'and said remainder of the 582.35 -acre tract for a corner hereof; THENCE with the aforementioned common line, S37°41'39"W for distance of 60.52 feet to the POINT OF BEGINNING of the herein -described TRACT TWO containing 3.4506 acres (150,308 square feet) of land area_ a These field notes are a result of an on -the -ground survey, record information and calculated points under my direct supervision_ _44 410 ..rer Registered Profession a Surveyor no_ 5807 OES:ek June 12, 1990 Revised 08/20/90 Job 1.10_ 601-01;-a; Donald E. 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O A - - b J a .\ .., Y b xc. m o O rs - ., .o .. .-, y v 'o n • N 4 0. N • t -a n 4i C e.i m �_ XOa 4) 0 n V o -- 0 O C 7 0 0 cD ▪ cc X N w Z 0 CA C) Q m Z � n Q cn 2 to 4- cc v �Q 0 • to zt) o � to f- CO Q Z CL -� 0 0 w w CCC W1 1 ' O I0 C r, o- O Y 0 7 0 J 0 J t M-°C-CioLttt }I <�s • -"-•.•Z Q • - f / ' nc Ltrfi / - zV 15 f'4 N ,i _ 'i; :t' %cif 7 40L 24i2PME0S4G THE FOLLOWING EXHIBITS WITHIN EXHIBIT "B" ARE HEREBY AMENDED BY ORDINANCE No. Z -94-01-13-8M EXHIBIT "D" LAND USE L.U.E. AND DEVELOPMENT CONDITIONS EXHIBIT "F" COLLECTOR ROAD PLAN EXHIBIT "I" FENCE STANDARDS EXHIBIT "J" vin. 2452116E0847 AGREEMENT between THE CITY OF ROUND ROCK and FRANKLIN CAPITAL CORPORATION P.U.D. No. FOUR EXHIBIT "B" • to City of Round Rock Ordinance No. This exhibit contains sixty-five pages plus two unnumbered notary pages vo._ 2452Pi6Eo848 P.U.D. No. 90-5501 This agreement ("Agreement") is made the ct NA. 0> day of 19 J between the City of Round Rock, Texas, having its offices at 221 East Main Street, Round Rock, Texas, (hereinafter called the "City"), and Franklin Capital p 1 Corporation, its successors and assigns, whose address for purposes hereof is P.O. Box 1723, Austin, Texas, 78767 (hereinafter called the "Owner"). For purposes of this Agreement, g ement, the term "Owner" shall mean Franklin Capital Corporation, its successors and assigns; provided, however, that upon the sale, transfer or conveyance ofortion p sof the hereinafter described property, the duties and obligations of Franklin nklin Capital Corporation as to such property shall be assumed by the new owner, Capital Corporation shall have no further liability.and Franklin relating to such property, except as described in Sections 3.5, 3.6 and 3.7 of this Agreement. WHEREAS the Owner has requested a planned unit development from P the City for the development of 398.16 acres of land for a mixed residential development and two limited commercial/institutional sites; on a tract of land located within the corporate limits of the City and more particu ar y described by metes and bounds ,l "A ". attached hereto and made,part hereof (hereinafter called "the land"); and WHEREAS the Owner, in accordance with Chapter p 11, Section 11.316(8)7 -Code of Ordinances, City of Round Rock, Texas, has submitted the development in this Agreement ("Development Plan" to plan set forth ) the City containing terms and conditions for the use and development of the land; and, WHEREAS the Development Plan complies with therovisions p of the concept plan approved by the Planning and Zoning Commission on September 7, 1989, and, WHEREAS the Development Plan complies with therovisio p ns of the Round Rock General Plan 1990; and WHEREAS the Cityhas held two public hearings required by law on ,and 4gto solicit input f rorn all interested citizens 1 ii2p E and affected parties; and 49 WHEREAS the Planning and Zoning Commission has recommended approval of the P.U.D. zoning on . l /991; 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 City and the Owner have previously entered into a Dedication and Development Agreement dated September 28, 1989, as amended (the "Development Agreement"); 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 Owner is the sole holder of fee simple title to the land. 2. DEVELOPMENT AND USE 2.1 Development Parcels The land has been divided into 19 development parcels (parcels) for the purpose of regulating subdivision and development. These parcels are shown on Exhibit "C" attached hereto. To the extent such parcel descriptions conflict with the descriptions set forth_ in the Development Agreement, the parcel descriptions contained in this Agreement shall control. 2 VOL. 2452P/6EO 0 These parcels may be developed for residential and limited commercial or institutional uses as outlined in Exhibit "D", attached hereto. 2.2 Living Unit Equivalents The total development of the land shall be limited to 1500 living unit equivalents (L.U.E.) calculated in accordance with the ratios outlined in Exhibit "E", attached hereto. 2.2.1 Assigned Density The development of each parcel shall not exceed the assigned density shown on Exhibit "D", except where modified within the limited provisions of this agreement 2.2.2 Modification of Assigned Density The assigned density of a parcel may be increased to a density not to exceed the maximum density for that parcel shown on Exhibit "D"; provided that any increase in density for one parcel is offset by corresponding decreases in density for one or more other parcels, in accordance with Section 2.4 of the Development Agreement. Qualifying modifications of assigned densities will be granted in writing by the Director of Planning. When such a modification is granted, it shall state where assigned densities shall be reduced to offset the increase requested. When a modification of an assigned density is granted, the assigned densities of all affected parcels shall be amended accordingly on Exhibit "D". g Y 2.3 Special Conditions All development and subdivision shall meet the special conditions for all parcels outlined in Exhibits "D". To the extent such special conditions conflict with any special conditions set forth in the Development 3 VOL 2452PacE0851 Agreement, the special conditions set forth in this Agreement shall control. 3.0 STREETS 3.1 Public Streets The collector street system for the land shall include, as a minimum, the collector streets shown on Exhibit "F" attached hereto. All local public streets shall be constructed in strict compliance with the City subdivision ordinance requirements except where: (a) a modified standard is approved by the Director of Public Works and the Fire Chief of the City in accordance with the criteria outlined in Exhibit "G", attached hereto and made part of this Agreement, or (b) Owner obtains approval of alternate standards pursuant to the provisions of Section 2.4(g) of the Development Agreement. 3.2 Private Street Standards The Owner shall have the option to designate streets, other th<l.i those which function as collector or arterial streets, as private streets and construct these facilities to modified standards approved by the Director of Public Works and the Fire Chief. All plats submitted with private streets shall be accompanied P by documentation to create a homeowners association, which shall be responsible for maintaining all private streets and their rights-of-wayin provide all perpetuity. The property owner shall necessary easements to service and maintain utility lines within private street rights-of-wayand shall hold the City harmless for anyto damage streets required to maintain or repair such facilities. The property owner shall also grant the City and County right of access on or over all private streets for all purposes deemed required byCity the or 4 VOL. 2452P1GEO852 County. 3.3 Dedication of Right of Way for Widening County Rd. 122. The property owner shall dedicate to the City, at no cost to the City, Y additional right of way adjacent to the eastern boundary of the existing right of way of County Road 122 to provide 60 feet of right of way measured east from the existing centerline of the road, for the purpose of future roadway improvements. This shall be dedicated concurrent with the first plat approved for the land. 3.4 Dedication of Right of Way for Golf Course Access Road The property owner shall dedicate to the City, at no cost to the City, a right- of-way containing the Golf Course Access Road, as generally described in Appendix "2" to Exhibit "A", within thirty days of approval of this agreement by the City Council of the City of Round Rock. 3.5 Construction of Golf Course Access Road The City shall construct, at its sole cost, a twenty-five (25) foot wide roadway, plus two eighteen (18) inch concrete ribbon curbs as shown on Exhibit "H" (the "Golf Course Access Road") prior to the opening of the Forest Creek Golf Club (the "Golf Course"). The Owner, as defined in Section 3.7 hereof, shall construct at its sole cost a second twenty-five (25) foot wide roadway plus two eighteen (18) inch concrete ribbon curbs from County Road 122 east for a distance of three thousand (3000) feet from its intersection with County Road 122 and parallel with the road known as Forest Creek Drive, as shown on Exhibit "H" (the "Second Golf Course Access Road"). Construction of the second golf course access road shall be commenced within thirty (30) days of the date of approval by the City Planning and Zoning Commission of the final plat containing the 600th L.U.E. out of the land. An irrevocable letter of credit in the form and amount required by the City for the paving and 5 voi.24v2PAzE0853 drainage associated with said roadway shall be posted with the City on or before the date of approval of the final plat containing the 600th L.U.E. out of the land. 3.6 Construction of Second Access Road to County Road 122 The Owner, as defined in Section 3.7 hereof, shall construct a twenty-five (25) foot wide roadway plus two eighteen (18) inch ribbon curbs from Country Road 122 east approximately 2,500 feet to the Golf Course Access Road known as Forest Creek Drive, as shown on Exhibit "H" hereto (the "Second Access Road"). Construction of the Second Access Road shall be commenced within thirty (30) days of the date of approval by the City Planning and Zoning Commission of the final plat containing the 400th L.U.E. out of the land. An irrevocable letter of credit in the form and amount required by the City for the paving and drainage associated with said roadway shall be posted with the City on or before the date of approval of the final plat containing the 400th L.U.E. out of the land. 3.7 Obligation to Construct As used in the foregoing Sections 3.5 and 3.6 only, the term "Owner" shall mean Franklin Capital Corporation ("Franklin") or any subsequent owner of all of the land. In the event Franklin should sell the land in -parcels of less than the whole of the land, the obligation to construct the Second Golf course Access. Road and the Second Access Road shall remain with Franklin, unless the assumption of such obligation by anotherart is P y expressly approved by the City. Franklin shall have no further obligation to construct either the Second Golf Course Access Road or the Second Access Road if Franklin sells all of the land to another owner, who shall then assume this obligation from Franklin, and provides written notice thereof to the City; or if Franklin sells a portion of the land to a subsequent owner who assumes the obligation to construct such roadways, provided such assumption is approved, in writing, by the City. 3 VOL 452PAGE 3.8 Construction of All Other Roadways The construction of all other roadways shall be the sole responsibility of the Owner. - 4.0 ACCESS 4.1 Each development parcel, as shown on Exhibit "C", shall have a minimum of two separate and distinct all weather access points served by public collector roadways. 4.2 Two twenty-five (251) foot collector roadways plus eighteen (18) inch concrete ribbon curbs shall be provided from parcel "Q" to the Pfluger Tract, as shown on Exhibit "F". The cross section of each of these collectors may be reduced to twenty-two (22) feet plus eighteen .inch (18") ribbon curbs if they will ultimately serve less than one hundred fifty (150) dwelling units. 4.3 Except as shown on Exhibit "F", attached hereto, no access shall be provided to any tract lying south Or east of the land, either directly or indirectly. 4.4 The City shall permit the Owner street access across the Golf Course, at points between greens and the next tee, as shown on Exhibif "F", to parcels " D" and "P", and in accordance with the terms and conditions outlined in the Land Use Agreement for Golf Course Tract, dated September 28, 1989 (the "Land Use Agreement). 4.5 Access to major collector street shall be restricted as shown on Exhibit "j" attached hereto. 5. STORMWATER DETENTION Stormwater management and detention for the land has been designed and constructed into the Golf Course pursuant to the Development Agreement 7 vat. 2452FAGEOS55 authorized by Council's Resolution 1340R. Except as provided in Section the Development Agreement, all existingfuture 2.2 of or storm water management and detention requirements applicable to the land have been satisfied, as fully describd in the Development Agreement. more 6. DRAINAGE Drainage plans required for the development of a parcel due to the particular development thereon shall be accompanied by full and complete engineering ngineering data, as determined by the City Director of Public Works, necessary to determine the ability to carry the anticipated 100 year design storm flow based on fully developed drainage calculations for the parcel and anyupstream areas which would drain through the parcel. No regional storm water management g ment or detention fees will be imposed in connection with development of being acknowledged that the Owner's obligation with P any parcel, it respect thereof has been satisfied, as more fully described in the Development Agreement. Any the City Council for modifications of the standards contained in request to the City's stormwater management ordinances may be granted only sufficient engineering data, to the satisfaction of the Director of Public Works, that appropriate design and maintenance standards have been met. The Owner shall be permitted to overflow the roadway to be constructed between Parcel A and Parcel -13 which shall include a low water crossingfor collector accordance with Section 3.1204 of the Code of Ordinances a road in of the City. 7. PARKLAND DEDICATION All existing or future City parkland dedication requirements for the land have been met in full through the prior dedication of 170 acres of land for a golf course to the City pursuant to the Development Agreement authorized Resolution 1340R. The terms and conditions by Council ons of this dedication are unaltered by this Agreement. 8. APPLICABILITY OF CITY ORDINANCES 8.1 Zoning- and Subdivision 8 la. 24i2PM3EO8 The land shall be regulated for the purposes of zoning and subdivision by this Agreement. All aspects not specifically covered by this Agreement, the Development Agreement or the Land Use Agreement or clearly modified by the intent of this Agreement, the Development Agreement or the Land Use Agreement shall conform to the provisions of the City Zoning and Subdivision Ordinances. 8.2 All Other Ordinances All other City Ordinances shall apply to the land except where clearly modified by this Agreement, the Development Agreement or the Land Use Agreement. 9. COMPATIBILITY OF AGREEMENTS The provisions of the Development Agreement dated September 28, 1989, as amended, shall apply to the land except where clearly modified by this Agreement. This agreement does not negate or modify, except where specifically stated, any other agreement, pertaining to the land, previously executed by the Owner and the City. However, to the extQnf that any provisions of this Agreement conflict with any provision set forth in the Development Agreement, the provisions of this Agreement shall control. 10. DESIGNATED CONCEPT PLAN Exhibits "C", "D", and "F" attached hereto constitute the Concept Plan required by the City Subdivision Ordinance and revise the concept plan approved bythe P Planning and Zoning Commission on September 7, 1989, a copy of which is attached hereto as Exhibit "M". Such revised concept plan is hereby approved by the City. 11. COMPATIBILITY STANDARDS This Development Plan indicates the desired relationship of land uses, interior circulation and access between the Golf Course and the contemplated development of the land. One (1) of the primaryP purposes of this Agreement is 9 YR. 245246E085' to insure that land is developed and maintained in a manner which will maintain compatibility and overall visual continuity between the Golf Course and the adjacent development due to their interrelationship and closeroxi P maty_ Accordingly, the City shall have flexibility in imposing reasonable requirements and conditions relative to the sitingand designof improvements encs improvements on the Iand consistent with the established design precepts as reflected in this Development Plan and the approved concept plan, development guidelines, additional development guidelines and performance standards for the land, as set forth in the Development Agreement. It is the intent of the City and the Owner that the development of the land shall be of a quality which is compatible with the adjacent Golf Course and consistent with first class country club developments which prevail in the area. Accordingly, building design standards applicable to eacharcel which ch sha 11 address landscaping, the minimum square footage of anyand uses, permitted building materials, shall be incorporated into restrictive covenants which shall be submitted to the City for approval at the time a preliminaryplat covering such parcel is filed with the City as a part of the platting process applicable to such parcel. The City's approval shall be granted consistent with the statement of intent set forth above, and shall not be unreasonably withheld or delayed. Such restrictive covenants shall be recorded by the Owner, its successors and assigns, at the time a final plat covering such parcel is recorded. It is intended that the proposed building design standards applicable to any parcel consideration current shall be reviewed by the City takinginto up -rent market conditions and preferences which are consistent with the desiredualit development, it is understood that prevailing� y lopment, and market conditions and circumstances may change with time. 12. DESIGN STANDARDS FOR FENCES All fences constructed within twenty-five (25) feet of the boundary ry of major 1 0 uoi.2452PAGE 0 8 5 8 collectors or the boundary of the Golf Course shall be constructed to the standards outlined in Exhibit "I" attached hereto. 13. UNDERGROUND ELECTRIC AND UTILITY LINES Except where approved in writing by the Director of Planningand the Director of Public Works, all electrical, telephone and cablevision distribution and service lines, other than currently existing overhead lines and overhead lines, three- phase or larger, located around the perimeter boundaries of the land, shall be installed underground. 14. CHANGES TO THE DEVELOPMENT PLAN After this Development Plan has been accepted and approved bythe (-`i ty Council, any substantial alterations in excess of those allowed in Exhibit "D„ shall be resubmitted for consideration to the City Council following the same procedure required in the original adoption of this Development Plan. p Any minor alterations to the Development Plan which do not substantially change the concept or intent of the Planned Unit Development maybe approved administratively, in writing, by the Director of Planning. The Director of Planning shall, at his sole discretion, determine what constitutes a substantial change. 15. ADDITIONAL RESTRICTIONS Compliance by Owners Each property owner shall comply with, or cause to be complied with, the following additional restrictions and covenants, restrictions and covenants shall be incorporated which into the restrictive covenants submitted to and approved by the City, pursuant to paragraph 11 hereof. eof. 15.1 Temporary Buildin s. No tents, trailers, vans, shacks, tanks, temporary accessory buildings or structures shall be erected or permitted to remain on the land; provided, however, that the foregoing shall not restrict or prevent the construction and maintenance of temporary facilities as are 1I von. 245 2P46E 0859 essential to the development and construction of the subdivision or used as a sales office in connection with the sale of portions of the land, provided the design and period of use of such sales office are approved by the Director of Planning of the City, which approval shalle PP not be unreasonably withheld or delayed, all such temporary facilities shall comply with the requirements of applicable governmental agencies. 15.2 Mineral Extraction. No portion of the land shall be used for theur os p p e of boring, drilling, mining, quarrying, exploring for or removing oil, gas, , coal, coal tar or other hydrocarbons, minerals, gravel, rock, cement, limestone, sand or earth; provided, however,that nothing contained herein shall prohibit or restrict removal of fill or earth materials to construct the subdivision in accordance with this Agreement_ 15.3 Outdoor Storage. No outdoor storage of any nature shall beermit p ted within any front yard or any yard area which abuts the Golf Course. The storage of up to two cords of firewood is exempted fromthis restriction in a rear or side yard only. 15.4 Weeds and Underbrush. No weeds, underbrush or other unsightly s ghtly growths shall be permitted to grow or remain upon the land and no refuse pile or unsightly objects shall be allowed to be placed orermitted to remain anywhere thereon. In the event the P property owner shall fail or refuse to keep, or cause to be kept, such owner's property or any improvements thereon free of weeds,and P y underbrush, sight obstruction, refuse piles or other unsightly growths or objects, and such failure or refusal shall continue for fifteen (15) days after deliveryof written notice thereof, then the City may enter upon such propertyand remove or correct the same at the expense of the property owner and such entryshall not be deemed a trespass. Notwithstanding the foregoing provisions of this section to the extent the matters the subject of this section are the 12 VOL. 2452PA6E0860 subject of currently effective ordinances of the City, the City shall enforce said ordinances in accordance with the terms and provisions thereof. 15.5 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 any part of the Golf Course as a parking place for commercial vehicles, trailers, recreational vehicles, self-propelled motor homes, motorcycles 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. Overnight parking of automobiles, trucks or commercial vehicles or storage of trucks or commercial vehicles in excess of three-quarter ton rated capacity on any portion of the land in front of or adjacent to and visible from the Golf Course, except in enclosed buildings, is prohibited. No unregistered or inoperable motor vehicle or trailer of any kind may be disassembled, serviced, repaired or stored on the land, except in an enclosed building_ 15.6 Swimming Pools, Tennis Courts and Sport Courts. Any swimming pool, tennis court or sport court, and the screening or fencing of such, to be constructed on the land adjacent to and visible from the Golf Course shall be subject to the approval and requirements of the City, which shall include, but which shall not be limited to, the following: (1) above ground swimming pools will not be allowed and, (2) the materials, design and construction thereof shall meet standards generally accepted by the industry and shall comply with regulations of all applicable governmental agencies, and shall meet all fence and setback criteria established by this agreement and city ordinances. 15.7 Accessory Buildings: Accessory buildings shall not be permitted in any yard area which abuts the Golf Course_ 13 VOI. 2Ii2PJ6EO861 15.8 General Signage Standards. All signs visible from the Golf Course (both temporary and permanent) shall be constructed for low maintenance and shall be approved in advance by the City. 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 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 g lights or mechanical movement; dayglo colors; signs which make or create noise; animated moving signs; exposed neon, fluorescent or incandescent illumination; painted wall signs; pennants; trailer signs; signs with beacons; and any sign that obstructs the view in any direction of an intersection. 16. HOLD HARMLESS It is acknowledged that golfers from time to time will hit stray golf balls on to the land. Therefore, the restrictive covenants set forth on Exhibit "K", attached hereto, shall be placed of record in the Deed Records of Williamson County, Texas, at the time any plat containing lots located within fifty feet (50) of the Golf Course is recorded, and such restrictive covenant shall be noted as a plat note on each plat containing lots within fifty'of feet (SO) the GolfCourse. No plat shall be approved without adequate reference to this requirement together with the necessary restrictive covenants. 17. Appendix 1 and 2 to Exhibit "A" may be substituted by the CityAttorney with revised field notes describing the Golf Course and the Golf Course access road when the deed to the Golf Course Access Road and the replacement deed for the Golf Course are prepared. 14 y01.24J2PAGE O $ 6 2 18_ DEFINITIONS Definitions shall be standard definitions as defined by Blacks Legal Dictiona except where specifically defined in Exhibit "L", attached hereto or, where applicable, as specifically defined in the Development Agreement. 19. EXHIBITS Exhibits "A" through "M" attached hereto are part of this agreement. 20. ENTIRE AGREEMENT AND MODIFICATIONS. g This. Agreement, the Development Agreement and the Land Use Agreement, as the same maybe amended from time to time, embody and constitute the entire understanding among the parties with respect to the transactions contemplated herein. Neither this Agreement nor any provision hereof may be waived, modified, amended, discharged or terminated except by an instrument in writing signed byCity the or its designated representative, as set forth herein, and the then owner of the portion of the land affected by such waiver, modification, amendment, discharge or termination. g 21. APPLICABLE LAW. This Agreement shall be governed byand construed in accordance with the laws of the State of Texas. 22. CAPTIONS. The captions in this Agreement are inserted for conven' rence of reference only and in no way define, describe or limit the scope or intent of P this Agreement or any of the provisions hereof_ 23. 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 event, such illegal, invalid or unenforceable provision shall be replaced with arovision which loch as nearly as possible fulfills the intent of the severed provision, but is not illegal, 15 ) vol.. 2452FacE0863 invalid or unenforceable, and the remaining provisions of the A remain in full force and effect and shall not be affected Agreement shall unenforceable provisions byor its by the illegal, invalid or severance from this Agreement. 24- GENDER OF WORDS Words of any gender shall include the other gender where appropriate_ 25. BINDING EFFECT_ This Agreement will inure to the b respective heirs, personal representatives, eneht of and bind the successors and assigns of the parties hereto_ 26_ STATUS OF PARTIES' RELATIONSHIP_ construed to make any party the partner any other party_ 27. 28. Nothing in this Agreement shall be or joint venturer of or with respect to COUNTERPART EXECUTION_ This Agreement maybe Oz1glnal counterparts, each of which shall be deemed an executed in multiple original but alI of which together shall constitute but one and the same instrument_ AUTHORITY_ Each person executing this Agreement warrants rants and represents that he has -the power and authority to enter into this A title and capacity herein stated and on behalf of thegreement in the name, entity represented or purported to be represented by such person_ 16 2452PAn0864 ATTEST: ANNE LAND, Secc7tary 17 CITY: CITY OF ROUND ROCK, TEXAS By: MIKE ROBINSON Mayor Date: FRANKLIN: FRANKLIN CAPITAL CORPORATION, a Texas corporation By: Date: • NORMAN, III President VOL 2452pA6E0865 THE STATE OF TEXAS COUNTY OF WILLIAMSON 11 This instrument was acknowledged before me on the Oc — day o by Mike Robinson, Mayor of the City of Round Rock, Texas_ CHRISTINE R. MARTINEZ Notary Pak, State at Texas My COttlffilziorl tirpites JUNE 22, 193 Notary Public, State of Texas Name Printed: A)6 Commission Expires: -(23 VOL. 2 4 5 2 PAGE 0 8 6 6 THE STATE OF TEXAS COUNTY OF TRAVIS This instrument was acknowledged before me on the /0 day of by J.S. NORMAN, III, President of Franklin Capital Corporation, a Texas corporation, on behalf of said corporation_ Notary Public, State of Texas Name Printed: Commission Expires: v u. 2 452PAGE 0867 EXHIBIT "A" This exhibit describes the developable land as follows: Original Franklin Tract 582.35 Acres Less Golf course (Appendix 1) 170.00 Acres Less Golf Course Access Road (Appendix 2) 14.19 Acres AREA DESCRIBED 398.16 Acres 18 VOL. 2452PEO868 EXHIBIT "A" FIELD NO'1"ES FOR A 398.16 ACRE TRACT OF LAND: FIELD NOTES FOR MR. 80b CLARK: Page 1 of 3 Vat 1020 PAL( 8115 9 (. 1 BEING 582.35 acres of land_ of which 237.13 acres arc situated in the E- U. Hatthevs Survey, Abstract:No_ 449 end 345_22 acres are situated in the John H. Randall Survey, Abstract No. 331 in Williamson County. Texas; said land being a portion of that certain First Tract, called 640 acres. and Second Tract, called 289 acres, as conveyed Pfluger by deed as recorded in Volume 347, Page 574, of the o Deed Otto C. kccords of Williamson Count-,ecd Texas, called 100 acres, as conveyed and that certain tract of land, in Vol ]a5. Pae 3c y to Oto C. Pfluger by decd as recorded S , of the Deed Records of Williamson County.; Texas. Surveyed on the ground in the month of January, 1984, under the _upervision of R. T. Magness. Jr.. Registered Public Surveyor, and being more particularly described as follows: BECINNINC at an iron pin set at a fence corner on the East -line of County Road No. 122, and being the N.U, corner of 100 -acre Pfluger tract. for the N. u_ the idabpoint being on or near the torch line ofcorner hereaf;_said point being the John H. Randall Survey, A-531; THENCE. with a fence along -the North line of the said 100 -acre Pfluger tract.. and along or near the said North line of the John H. Randall Su i1 A-531. :as follows: il set; S S 89' 34' 30" E. 925_10 feet co a 40d 06' 30" E. 1019.51 feet to ar. iron pin found; "S 89' 15' 30" E. passing the N -E. corner of the said 100 -acre Pfluger tract and rf.c most northerly N.E. corner of the above -referenced Pfluger. SecondTract, and continuing with a fence -along the North 11nc of »id-Pfluger Second Tract, for a the all. total distance of 1021.61 feet, in to a 40d nail set; S 88' 53' E, passing by or near the N.E_ corn:;r of the said John H. Randall Survey and the N.W. corner of the E. W. Hatchets Survey, A-449, bean Tract and the N.W. g the N.E. corner of the said Pfluger SecondTract. T and continuing the v corner of the above -referenced Pfluger First ifluger First Tract andalong fence along _the North line of the aids or near the North line of the said E. U. Matthews Survey, for a total distance of 1031.93 feet, in all. to an iron pin found; S 88' 50' E. 381.12 feet -to an iron pin set at a fence corner and S 89' 13' E. 503_24 feet re a raetal post. for the' most northerly N_E. corner hereof; _THENCE S 12'/04' U. 612.04 feet to an iron pin set; 57' 48' 10' V. 766.74 feet to a 40d nail set in a fence, and S , fecc, with the said fence, -to an iron ��57' 3fl" V. 425.53 hereof pin sec for an interior corner THENCE S 89'-12' E. 3241_38 feet to an iron Fast Line of the said Pfluger First Tract, being son or near nth on the Eas -line of the E. V. Hattheos Survey, for the moat easterly the cornet t; hereof; ) N. �. come r THENCE, with a fence along the said Eas Tract, end alonf; or near t line of the Pfluger First Svr the said East line of the E. V. Matthews Ya as follois: S 0' 48' V. 437_70 feet to an iron pin set at a fence corner and S 0' 45' 30" V. 1533.03 feat to an iron for tfe most easterly S.E. corner hereof; pin set THENCE N 89' 17' V. 2581.89 feet to an iron pin set for an iatrrior corner hereof; THENCE S 0' 43' V. 1512.14 feet co an iron pin found at a fence corner for the most southerly S.C. corner hereof- THENCE. Lith a fence. N 89' 19' V. 1125.00 feet to an iron pin set on or near the common line becoeen the said E. V. Hatthca,s Survey and the John H. Randall Survey. being Lhc common line between the said Pfluger First Tract and the said Pfluger Second Tract, and - �A- IX�1BILA \5 Job No 205 Page 1 of 2 %� �. oz33ctl, - .v..rvo•• r_ O- ate. _ oc O..uCI �+. r: r.c a. I9 - vni 1U20 pAci 816 v0L.2452PacE0869 Page 2 of 3 FIELD NOTES FOR HR. 808 CLARK. Cont. 5 87' 03' U. 163.99 feet to an Iron pin found for_the most aoptherly S.U. corner hereof; THENCE N 1' 23' 30" E. 431_30 feet to an iron an interior • corner hereof; ron pin found for THENCE N t$8' 56' 30" U. 1106.09 feet to an iro S.E. corner of Jackrabbit Subdivision, a "subdivision of recon pin found hording the Cabinet E. Slides 213-214 of rd In Teens. for a southwester) the phet Records of t•`illiaayon County, y corner hereof; THENCE N 0' 58' 30" E. 790.36 feet to an iron -X.E. corner of the said Jackrabbit pin found marking ore Hereof; for an interior corner THENCE N 88' 41' 11 2404. 80 line. Course feet -to an iron pin found on the said East County Road No. 122. marking the N -W_ corner of Jack- rabbit Subdivision. for the most vester1y aid S.W.SUJack- corner hereof; THENCE, with a fence. aloe as NCE, with N fe 43'E 8 the said East line of County Road No. 1822.83 feet to an irE.n 1443.73 feet to a 404 nail set; 1, pin set; N 76'_26' 30" E. 40_ e t to6' E. iron pin ser; -I1 6..38' 30"SO feel an iron fest to the W. 239.14 feet to an iron place of BEGINNING end 38n set and e N f' 07' E. land. containing S82_3S acres of SAVE AND EXCEPT a certain 170 acre tract described in a certain 14.19 acre Tract described in Appendix 2 to this xhibindlx 1 to this Exhibit, and t_ 20 vol. 2452PAGE08 'A NOTE: The above-described tract of land is subject to a 10 -foot -vide Public Utility Easement along and 10 feet South of the entire most northerly North line. The above-described tract of land is subject to -an easement to Brushy Creek Water Control and Improvement District Ho. 1 of Williamson and Hi1am Counties of record in Volume 430, Page 643 of the -Deed Records of Williamson County, Texas_ STATE OF TEXAS z KNOW ALL HEN BY THESE PRESENTS: COUNTY OF WILLIAMSON j 1, R. T_ Magness, Jr-, Registered Public Surveyor, do hereb that the above-described tract_ of land vy the as surveyed on g eundluy ny personal supervision duringground under desert the-ponth of January, 1984, and that said ption is_true end correct toYhc best of my knoulcdge and belief. TO CERTIFY WHICH, WITNESS my hand and -seat a County. Texas, thin the 12th de - t 984,CeorA.P. Williamson Y of January, 1S8L, A.D. Regis • Publ urveyor, Stat )aa 3, Magness, Jr. 1433 NOTE: Access to a 100-00 acre tract in the N.E. corner of the said Pfluger First Tract is along an talsting Pasture Road or as shown, said accese - t' be 60 feet vide. Revived 4-9-84 for N EXHIBIT A Gicgcr £ 13133oLt, -. - CO•.tutY.•.O — ac.+. Tors P.a. sot W . olo4dtle*at 51 Jun 21 A. I_ uxtrfSS. Jt. ---l-------------- --•- 4 3 J ‘ 'Ct Pagc 2 of 2 - Job No,920, 3 Page 3 of 3 c uR. 2432r6EO87i APPENDIX 1 TO EXI-IIBIT 'A' Page 1 of 4 t 1 Fi.t) NU"11 _ BEING 170_00 acres of lend out of the E. IY: Ntntthc.a Survey_ A6ntract No_ 449_ And the John 11._ Randall Survey, Abstract No. S31_ Witilemon County. Texas_ end being a part of that certain 582_35 Acre tract of land described in a deed to Ben Franklin Corporation recorded in Volume 1020 at Page 812. Official Records of Sal 11 iennon County. and being more particularly described by metes and bounds as folows: BEGi NINC at the northeast corner of said 582_35 acre tract_ Raid point also being the southeast corner of Oak Bluff Estates_ Phase 2_ a subdivision of record filed in Cabinet F. Slide 2S3_ Plat Records of Williamson County: THENYL S 11' 59' 28" W a distance of 610_09 feet to an iron rod found; THENCE S 48' 10' 52" W a distance of 766_87 feet to an iron rod found; THENCE S 09' 53' 59" W a distance of 425,73 feet to an iron rod found; THENCE S 89' 17' 00" E a distance of 490_00 feet to an iron rod set. 111 -F -E, traversing the interior of said 582_35 acre described courses and distances to iron rods set- frac2_ the following (1) S 00' 00' 00" W a distance of 170_00 feet; (') S 77' 12' 11" E a distance of 395_39 feet; (3) N 89° 04'_33" E a distance of 620_08 feet; (4) S 78' 10' 19' E a distance of 975172 feet: (5) S 50' 31' 39" E a distance of 110_11 feet; (6) S 25' 33' S4" E a distance of 223_61 feet; (7) S 05' 42' 38" W a distance of 201_fl0 feet; (8) S 15' 15' 18" E a distance of 342_05 feet: (9) S 20' 33-',22" W a distance of 128.16 feet; (10) S S6' 18' 36" W a distance of 90_14 feet; (11) S -2S° 20' 46" W a distance of 210_24 feet; (12) S 90' 00' 00" W a distance of 110_00 feet; (13) S 56' 18' 36" Ka dlatance of 144_22 feet; (14) N 72' 36' 35" W a distance of 920_49 feet- (15) N 79' 41' 43" W d distance of 559_02 feet; (16) S 64" 58. 59.. W a distance of 185_53 feet; (17) 3 18" 07' t9" W a dlatance of 578_71 feet: (18) S 39" S6' 11" W e distance of 560_80 feet: (19) S 62" 14' 29" W a distance of 1.07_35 feet: (20) S 90' 00' 00" W a distance of 195.00 feet; (21) N S2' 48' 55" 17 a distance of I82_00 feet: (22) N 03' 15' 07" E a distance of 440_71 feet; (23) N 26' 33' 34" g a distance of 111_811 feet: 22 VOL. 2452P!EOS72 134) 4 62" S4' 16' E a distance of 241_51 feet: (25) .4 00" 00' 00'' E • dintance of Z1S_oo feet: (Z6) N 34' 33' 45" C a distance of 273_22 feat: (07) N 09' 27' 44~ W a distance of 182_48 feet: (28) N 32' 00'-197 W a distance of 377_36 feet: (29) N 03" 21' i9" E a distance of 42S_73 feet: (30) V 21' 30' 05" W a distance of 532_02 feet: (3i) 1C 07' 12' 51" £ a distance of 796_30 feet: (32) N 64' 03' 28" W a distance of 205_73 feet: (33) S 39' 02. 11' W a distance of 174_93 fret: (34) S 53" 16' 02" W a distance of 418_00 feet: (3S) S 45' 00' 00" W a distance of 671_75 feet: (36) S 00' 00' 00" W a distance of 325_00 feet: (37) S 54' 14' 46" W a distance of 308_05 feet: (38) S 10' 21' 59" W a distance of 416.80 feet: (39) S 15' 48' 09" E a distance of 550_82 feet: (40) S 000 00' 00" W a distance of 1(0_13 feet: (41) S 30' 34' 45" W a distance of 127_77 feet: (42) S 57' 431 28'1 K a distance of 112_36 feet: (43) S 90' 00' 00" W a distance of 315_00 feet: (44) N 19"713' SO" %V a distance of 227_71 feat: _(45) N 48' 14' 23" W a distance of -"1H7_68 feet: (46) S 90' 00' 00" W s distance of 260_00 feet: (47) S 81" 47' 34'" W a distance of 523_38 feet: (48) S 48' 47' 24" W a distance of 452_77 feet: (49)-N 77' 00' 19" N a distance of 66_71 feet: (70) N 26" 33' 54" if a distance of 78_26 feet: (51) S 90' 00' 00" W n distance of 150_00 feet: (52) N 17' 44' 41" W e distance of 131_24 feet: (53) N 61' 28' 37" W a distance of 381_77 tett_ (54) N 43" 01' 311" W a distance of 205_18 fret: {55) N 12" 52' 30" W a distance of I79_51 feet: (56) N 200 19' 23" C a distance -of 431_89 feet: (57) 4 06' 04' 2i" W . distance of 216_33 feet: (58) V 23' 02' 22" Ws distance of 472_70 feet_ 23 Page 2of4 'VOL.2452PA6E0873 (59) N. O(t' 00' 00" is a distance of 155.00 feet: (60) N S°' 11' 04" E e distance of 33J_85 feet: (61) X 37' 38' 51" E a diat*nce of 221_02 feet: 162) N 530 58' 2_" E a distance of 1088_12 feet: (63) S 74' 17' 36" E a distance of 394_08 feet: (64) ' 15' 30' 35` E a distance of 384_61 feet: (65) S 33' 38' 49" E e distance of 775_03 feet: (66) N 37' 41' 39" E a distance of 139_01 feet: (67) N 120 13' 30" W a distance of 306.96 feet: (68) ti 13' 17' 55" E a distance of 282_57 feet. (69) N 74' 30' 41" E a distance of 430_64 feet: (70) N 40' 48' 54" E a distance of 436_113 feet: (71) N 87' 34' 50" E a distance of 355_32 feet: (72) N 57' 46' 58- E a distance of 165_18 feet to an iron rod set in the north line of said 582_35 acre tract: 33 rte" r.t th the north line of said 532_33 acre tract and the south line of flak Bluff Estates. Phage 2, the following described three (3) courses and distances: (1) S 88' 53' 40" E a distance of 283_81 feet to an iron rod found; (2) S 38' 47' 57" £ a distance of 380_72 feet to at: iron rod four:d, and: (3) S 89' 02' 29" E a distance of 501_86 feet_ to the Place of Beginning. containing 249_851 acres of teed_ SAVE AND E6CEPi PARS J. described as follows_ to Kit_ BEGINNING at a point in said 582.35 acre tract. said point being in the interior of bo a the ve described 249.81 acre tract. a said .bo acre tract12'and from hh(ch the northeast corner of bears N 05'37" £ a distance of 1985_27 feet: THENCE traversing the interior of said 49-851 acre Tract. the loitering described courses and dist to ices rods set: (1) S 68' 59' 48" E a distance of 599_85 fejt: (2) N 80' 1.4' 31" E a distance of 798_52 feet: (3) S J9' 02' 11" E a distance of 670_56 feet: (4) S Ott' 40' 00" E a distance of 387_62 feet: (5) S 20' 33'-22" 1Y a distance of 170_88 feet: (6) S 59' 51' 31" W a distance of 179_23 feet: (7) N 60' 56' 43" W a distance of 360_35 feet: (N) N 50' 37' it- W a distance of 252_24 feet: (9) N 65' 3°' 32" 1Y a distance of 230_49 feet. (i0) S y0' 09' 00" W e distance of 830_00 feet: (11) Iv az' 19' 11" W a distance of 579_83 feet: 24 Page 3 of 4 VOL.2452PA6E0874 (11) N 38' 09' 26" E • distance of 178.04 feet to the Place of Heginninrf_ containing 25_296 acres of land_ SIVE AND EXCEPT PARS 2. described as follows. to it: BFGI NINC at a point in said 582_35 acre tract said point being of the above describes} 249_8S1 acre tract_ sod from which thenortheast att'e r eraof said 582_35 Acre tract bears N 63" 22' 40" E a distance of 290frecorner of fret: THENCE traversing the interior of said 249_851 acre tract. described courses and distances to iron rods set: the folio..;r,g (1) S 15" 56' 43" W a distance of 291.20 feet; (2) S 10" 42' 00" W a distance of 630_04 feet: (3) S 68' 36' 00' W a distance of 1212.19 feet; (4) N GI' 00' 00" W a distance of S08_13 feet: (5) N 4S" 47' 0S" E a distance of 258_12 feet: (o) N 00' 00' 00" 1. a distance of 180_00 feet: (7) N 24' S3' 29" 1V a distance of 673_44 feet: (8) N 450 09' 38" E a distance of 1232_90 feet: (9) N 72' 53' S0" E a distance of 104_58 feet: (10) S 18' 05' 00'* E e distance of 515.46 feet: (11) S 67" 22' 44" E a o distance f containin 780_00 feet to the Place of g S4_SSS acres of land_ 8egirulit�- The net area of the tract of land described herein is 170_00 acres_ r Stan Coaltec_ IiPS. LSfS 9-12-89 25 Page 4of4 vof_. 2452PacE 08'7 5 APPENDIX 2 TO EXHL 3i17'A' FIELD NOTE DESCRIPTION OF TWO TRACTS OF LAND BEING OUT OF T11E REMAINDER OF THAT CERTAIN -582_35 -ACRE TRACT OF LAND SITUATED IN THE E_W_ MATTHEWS SURVEY, ABSTRACT NO. 449 AND THE JOHN 1i. RANDALL SURVEY, ABSTRACT NO. 531, WILLIAMSON COUNTY, TEXAS, SAID 582.35 ACRES BEING CONVEYED TO BEN FRANKLIN CORPORATION, A TEXAS CORPORATION, BY INSTRUMENT IN VOLUME 1020, PAGE 812, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID TWO TRACTS OF LAND, BEING HEREIN MORE PARTICULARLY DESCRIBED FOR RIGHT-OF- WAY PURPOSES, BY METES ANO BOUNDS AS TRACT ONE, BEING 10.7450 ACRES AND TRACT TWO, BEING 3.4506 ACRES AS FOLLOWS: TRACT ONE Wage 1 of 7 BEGINNING at an iron rod set on the east right-of-way line of Williamson County Road No. 122, same being the west line of said 582.35 acres from said POINT OF BEGINNING a 1/2 -inch iron rod found for the southwest corner of said 582.35 acres bears S00°45'18"W a distance of 247_55 feet; THENCE continuing with the aforementioned common east right-of-way line and west line of the 582.35 acres, same being the west line hereof, NOO°45118"E for a distance of 160.00 feet to a 1/2 -inch iron rod Set; THENCE leaving the aforementioned common line and through said remainder of the 582.35 -acre tract with the north line of the herein -described right-of-way the following described courses and distances to 1J2 -inch iron rods set: 1) S44°14'35"E for a distance of 28.29 feet; 2) S89°14'28"E for a distance of 50.30 feet to a point of curvature of a curve to the left; 3) With said curve to the left having a radius of 330.00 feet, a central angle of 34°14'51", a long chord of 194.33 feet (chord bears•N73°38'07"E) for an arc length of 197.25 feet to a point 31 tangency; 4) N56°30'42"E for a distance of 277.32 feet to a point of curvature of a curve to the right; 5) With said curve to the right having a radius of 520.00 feet, a central angle of 6I°53'58", a long chord of 534.86 feet (chord bears N87°27'40"E) for an arlength of 56I.78 feet to a point of tangency; 6) S61°35'23"E for a distance of 214_54 feet to a point of curvature of a curve to the left; 7) With said curve to the left having a radius of 430.00 feet, a central angle of 56°40'51", a long chord of 408.25 feet (chord bears S89°55'47"E) for an arc length of 425.38 feet to a point of tangency; 8) N61°43'50"E for a distance of 154.29 feet to a point of curvature of a curve to the right; 9) With said curve to the right having a central angle of 41°34'51" a radius of 570.00 feet, lchord of 404.64 feet (chord bears N82°31'I4"E) for an arc length of 4113.66 feet to a point of non -tangency; 10) S70°15'53"E for a distance of 536.25 feet to a non -tan point of curvature of a curve to the left; gent 11) With said curve to the left, having a radius of 290.00 feet, a central angle of 107°03'49", a long chord of 466.43 feet (chord bears N49°46'44"[) for an arc length of 541.90 feet to a point of tangency; 12) NO3°45'10"W for a distance of curvature of a curve to the right; 295.73 feet to a point of 13) With said curve to the right having a central angle of 27031.39" a radius of 710_00 feet, (chord bears NI0°00'39"E a long chord of 337.84 feet to a point of tangency; ) for an arc length of 341.12 feet 14) N23°46'31"E for a distnace of 327.06 feet to a curvature of a curve to the left; point of 26 VOL.2452PdGEO876 I'age2of2 15) With said curve to the left having a radius of 420.00 feet, a central angle of 83°36'25", a long chord of 559.93 feet (chord bears N18°01'44"W) for an arc length of 612.87 feet to a point of tangency; 16) N59°49'56"W for a distance of 170.58 feet to a point on the common interior line of said 170 -acre tract and the remainder of said 582_35 -acre tract of land for a corner hereof; - THENCE with the aforementioned common interior line, same beinga line hereof, N00°0('00"E for a distance of 69.40 feet to a 1 set for a corner hereof; /2 -inch iron rod THENCE leaving the aforementioned common interior line and continuing through said remainder of the 582.35 -acre tract the following described courses and distances to 1/2 -inch iron rods set: 1) S59°49'56"E for a distance of 205.46 feet to a point of curvature of a curve to the right; 2) With said curve to the right having a radius of 480.0Q feet a central angle of 83°36'25", a long chord of 639.91 'feet (chord bears S18°01'44"E) for an arc length of 700.42 feet to a point of tangency; 3) 523°46'31"W for a distance of 327.06 feet to a point of curvature of a curve to the left; 4) With said curve to the left, having a radius of 650.00 feet, a centra] angle of 27°31'39", a long chord of 309.29 feet (chord bears S10°00'39"W) for an to a point of tangency; arc length of 312.29 feet 5) S03°45'10"E for a distance of curvature of a curve to the right; 95.73 feet to a point of 6) With said curve to the right havin a radius of 350.00 feet., a centra] angle of 107°03'49", a lung chord eet (chord bears S49°46'44"W e for an arc length of 654.01 feet to a point of non -tangency, 7) 1476°4120"W for a distance of 532.88 feet to a non -tan point of curvature of a curve to the left; gent - 8) With said curve to the left having a radius of 450.00 f a central angle of 41°34'51" eet, (chord bears S82°31`14"W a 1°ng chord of 319.46 feet to a point of tan enc ) for an arc length of 326.58 feet 9) 561°43'50"W for a Y; curvature of a curve to the right; istance of l54.29 feet to a point of 10) With said curve to the right having a radius of 550.00 f a central angle of 56°40'51", a longfeet (chord bears V89°55'47"W Chord of 522.18 feet to a point of tan enc ) for an arc length of 544.10 feet tang enc1161°35'23"W for y' a distance of 214.54 feet to a point of curvature of a curve to the left; 12) With said curve to the left having a radius of 400.00 f a central angle of 61°53'58", a lon eQt• (chord bears S87°27'40'109 chord of 411.43 feet to a point of tangency; for an arc length of 432.14 feet 13) 556°30'42"W for curvature of a curve to the righistance of t 77.32 feet to a point of 14) Wicentral th said curve to the right having a radius of 450.00 achord bears 573°38'07"W) of 07 34°14'51", feet, o a long chord of 264.99 feet to a point of tangency- ) for an arc length of 268.48 feet 15) N89°14'28"W for a distance of 50.29 feet; 16) 545°45125"W for a distance of BEGINNING of the herein -described 8 TRACT to the containing nOF g 10.7450 acres (468,052 square feet) of land area_ NE containing 27 jai. 2452 PMIE 0877 TRACT TWO Page 3 of 7 BEGINNING at an iron rod set on the interior line of said tract, same being an interior line of said remainder of the 582.35 -acre 170 -acre and the west line hereof, from which the Point of Beginning of S47°42'39"W a distance of tract 3379.41 feet; 9 TRACT ONE bears THENCE leaving the aforementioned common line and remainder of the 582.35 -acre tract the following described distances to 1 "through said 1/2 -inch iron rods set: bed. courses and 1) N59°49'56"W for a distance of 93.37 f curvature of a curve to the right; eet to a point of 2) With said curve to the right a central angle of 47°46'32«having a radius of 54I.03 feet, chord bears N35°56'4114a long chord of 438.18 feet to a point of tangency; ) for an arc length of 451.13 feet 3) N12°03'32"W for a distance of 135.08 curvature of a curve to the right; feet to a point of 4) With said curve to -the right having a radius of a.ce iral angle of 38°56'33" 330.00 feet, (chord bears N07°24'52"E) for an arnclength of 220.00224.29 feet to a point of compound curvature of a9` gfeet 5) With.said curve to the right havingcurve to the right; central angle of 31°1Z'40" a radius of 415.73 feet,. achord bears N42°29'21°1 for a long chord of 223.67 to a (chord ) an arc length of 6 feet 6) N58°05'50" tangency; 225.'46 feet E for a distance of curvature of a curve to the right 92.61 feet to a 7) With said curve to the right Navin Point of a central angle of 32°59'47" 9 a radius of 618.02 feet, (chord N74°35'44-£ a long chord of 351_( bears to a point of ) for an arc length of 2 feet 8) S88°54'237E. tangency;355.92 feet 23,E for a distance of curvature of a curve to the right; 40.73 feet to a 9) With saidpoint of feet, having a centrale angle to hof 06°59'52", a a radius of feet {chord bears S85o24'27a long chord of�145.86 feet to a point of tangency; "E) for an arc length of 145.95 10) S81°54'3I"E for a distance of 53.78 feet to a rod set on the common interior ad saidette remainderm of line of said 170 -acre h act hereof; the 582.35 -acre tract for tract a corner THENCE with the aforementioned distance of 92.feet to a 1/aireiron rod set common line, 557°46'o f; for a for a corner hereof; of the 58THENCECtract the the forementioned line and throe inch iron 2.3 r35 -act: following described courses and distanceseto�1d/2r - 1) N81°54'31"W for a distance of 16.95 feet curvature of a to a Point of curve to the left; 2) With said curve to the left having a radius of - a central angle of t36°59'.52" {chord bearso1134.99 feet, N85°24'27"W) for an arc length of 138.622 feet to a point of tangency; feet 3) N88°54`23"W for a distance of curvature of a curve to the left; feet to 4) With said a point of a central curve to the left angle of 32°59'47 having a radius of 558.02 feet (chord 574°35'44"W)a long chord of 316.94 feet, bears to a point of tangency; for an arc length of 322_ feet 5) 558°OS'Sp«W for 36 feet curvature of a a distance of 392.61 feet to 6) With curve to -the left; a Point of central cucurve to the left having a radius of achord bears angle of 3}°12'40", a long355-73 feel, toc a for an chord of 191.39 feet point of compound curvaturearc length of left; feet of a curve to the ]eft; 28 VOL. 2452PasE0878 Page 4 of 7 Page 4- 7) With said curve to the left having a central angle of 38055'33" a radius of 270.00 feet, (chord bears 507°24'52"W) for an arc length of 183-00 feet to a point of tangency; 9 183.51 feet 8) S12°03'32"E for a distance of 135.00 feet to a point of curvature of a curve to the left; 9) With said curve to the left having a radius of 481.03 fee a central angle of 47°46'32", a longot, 9.5 (chord bears S35°56'41"E) an arc length of 401.108 feet to ea point 10) S59°49�56f t1:nfor a�distance ofOl- -. rod set on the common interior ofOsaidfeet 170 acre tract an said remainder of the 582_35- corner to a �2'3nch iron acre tract for ad hereof; THENCE with the aforementioned common line, 537°41'39"W distance of 60.52 feet -to the POINT OF BEGINNING of the herein - described TRACT TWO containing 3.4506_acres (150,308 square feet) of land area_for a These field notes are a result of an on -the -ground surve r and calculated points under my direct supervision_ y, ecord information Donald E. Sigety Registered Profession a Su veyor No_ 4807 -Dat DES: a /0 O/qo � X5/90 k June 12, 1990 Revised 08J20/90 Job No. 601-013-11 29 .--) 0 ..". / 1 0 D - I I' 1 0 . ./ 1 a... > / / 0 - 1, --- ---- .10/ / -.., I / o -.... ..?to CI; . i- 0 a- .--- ----- ---- ,..) .er Z Na Pis -..... / -..„. ../j- 7 c co el a) = C C•3 0 - -0 toOGICal 0 .0 cu Qt j— f-- ca 0 Q. _C -0 0 u 0 cu co -6 E G) • c.) (') cu z.):E E co p) 0 (z, c --- CE) E 0 0 ci ca 0 .-- • `1) .<? c 0 o c cc) 1?5 CO cc {/:3 C -J C)}._0) C3 so WOZ000 a "5. 1". 1— c.n to 0 Cl_ Z -- 0 CO 0 1— 00 0 — — ZIc >0 o o o /— "" 0 0 CC ,( o o 4jr) o t.") 43` Z c t" --- o'S CO cr) CC -o es -0 - • c,s VOL 2 4 5 2 PAGE 0 8 7 Page 5 of 7 0 0 4.1 = 4.4 00 4. 000 ic cc cc 1— Z0 CO CC CC CC X 4.1 • 0 VIP 1 C) 04 0 CC 0 Cc 0- it'4'. 4.1 CC 0 C.) "IA 3 G.CC _J 10. >- * 0 CY.41'„ ' 5-4 1 "(L -cr C‘- V) 9 0-- Ct. 1, 0. cc 4:7 ta 0-J 0 :CVO° tJ ("'" CZ -V" Z , t7 cc - $.9 -£6,1 — -°" AlNnop 30 VOL 2452PAGE 0880 17. 0 0 1 —1 3 0 = o - S 70'0%33- E 536. 25- x 532-ee 2°- W (4 02 111 ts. -43 0 cu (-5 _c ct) - — (I) (0 0 (-) 0 —1 cr 0 D CC -J 0 -at 0 0 1—Ltl - 0 X 0:7 DI to 0 o -o 0 o- tX Lo - 1 C to 0) ca 0 (0 -c-i,1 .0N H1 H- / o` c o./ -z. co 0 -._ - Lai m30.00 vsz O C� � 5 Q� M ti to el o`tl`DC ▪ ,0 / •P" zt- �w -� ▪ \ /0 tih ,oa.3,cU ._� --, \ _„ z,-, g o L. to � `' gy m cL 0) — 0 ti A (0 \4, (o - _ 0 U t, 1 �4 .. h co C (O O) :it, ..c., t�t O 4 h p fid ` -J _ 0 h .` O fl Zj O O Y o i h� �/ • s."-,:',/ f ^i � aQa'"�4O`.- 0O o CiU 0oO cm00 ,� 1 2 0c - / l cu �00ou0 oc f �' 0 - 0 v \ 0 P ti 0A.1 �", 1 z h/ 1 0 © h _ 0 .t, j 3 1 0 CC h •\CC 1 tai o O 4,1 \ 1LI 17 m 'A- - 1 Q x -,,,,J, 1 zAn d an © a, d - N - 0 r 7 W co 0 °O\ 0 -__1 w ri Q CD a" 0 J Z \ Z t 0 \ 7 0 \ / a s e ! 0 i 11.- Q \ o4' ax 0 V _ 0 CC 0 x v VOL.2452PQ6E08$1 N O �zU Dz U / f, Lr to o i s (aa 0 O vM C e Cl. � v _ 2 v -�o Q zMN 2 olW ,., a -o `• ' t - Z O 1 r7 s a O Q 7. \ 0 0 Z o . ---1 l N to LEI 41 CC CO z `��\i`�l o (1 'yJ\,j (. 96 £3 90 M" Or •£{ o21N i O 1 -- CC O 32 0 • 0 ct 0-- i 0 0 -5 43- 4, W 0 m ca X w Page 7 of 7 „„- VOL. Z4b2PAGEOSN2 EXHIBIT "B” CONS ENTS THERE ARE NO LIENHOLDERS OF RECORD_ FDIC IS NOT REQUIRED TO APPROVE THIS AGREEMENT_ 3 3 FRANKLIN CAPITAL CORPORATION, a Texas -corporation. By: vot. 2 4 5 2 PAGE 0 8 8 3 EXHIBIT "C" DEVELOPMENT PARCELS 34 IN! cn a 0 z VOL. 242PA6EO884 C) m V X .c N N X N ONO X N R R & x ON Lil h X V '0 00 N o °: X X N �o X C:) 1 % X X X X X ?: l N:' Aci ' X X X X X X, t`. N N x V H 0 1-4 x 0 m 0 X Amend. # 1 Assigned LUE Changes 1 1 1 X N 000 OM1 X PARCEL SIZE (ACRES) ASSIGNED L.U.E. MAXIMUM L.U.E. SINGLE FAMILY RESIDENTIAL ATTACHED RESIDENTIAL MULTI FAMILY RES. LIMITED COMMERCIAL DAYCARE CHURCHES 00 00 .0 01 CO 01 i-1 CO elj 4 0O raa C/1 LEGEND OF SPECIAL CONDITIONS: obo cn .5 cuv 4 ,0 a) .s4 4.:u C 4.; c t,0 X Cs'' �. g CI § a, o ' o c O v 0 Toci) 0) • Hl a. aOi v g °.§H ag N4 5 0 v 0 O = ctt .Ci " 2=2.'s dJ i re,18 co .' rA v t a1 � 0N � � V � a) w tN tr Vc0 g p s, u�' u ° V�" 0) g 5 A.4 (?) ._...„.4›, ;€5,0 Ucu t' rtg ,ttj CL) crS gi NO!Id w'd! O§ 2 .+.+cn 03 � rd22PL. g v 0 0" .4 u 1ihiHI O u O O ,0 w 0 -4-bo° O o •O 11 X X ao N A tigw . Mg at E 7:' § 4A-80,0 r+ c i cfi 4 6 .0 [.: Oo O\ ,O LAND USE L.U.E. AND DEVELOPMENT CONDITIONS vat 2452PAGE0885 EXHIBIT "E" CALCULATION OF L.U.E. SINGLE FAMILY RESIDENCE 1 L.U.E./DWELLING UNIT DUPLEX 0.9 L.U.E./DWELLING UNIT MULTI -FAMILY OR TOWNHOUSE 0.7 L.U.E./DWELLING UNIT COMMERCIAL BUILDING AREA (SQ.FT.) X 6 X LAND AREA (ACRES) LAND AREA (SQ.FT.) 36 N r a CC >- l— 0 von. 2452PA6E0886 Atsti EXHIBIT 'P" COLLECTOR ROAD PLAN (Amended November 1993) AMMON OMNI, Pfluger Tract Note A ,y ••, ; .,lj 1s rs;• esai • WATA Note B The major cofactor toads shall be constructed to include grade separations between the roadway and the golf cart pathway at the cost of the Owner. v37�� f �ivSTvl+ l�,t'e Is vy y'11481 rr•« 4•:4441,,# •'1,,z Yv, =r~ 37 �'vrr. list.'�r••L�•��LiC•W4:�1..a•1ri•.:irF-' f.. N 4 Lane Collector (Dual 25' plus 18” Ribbon Curb 2 Lane Major Collectors (25' plus 18" Ribbon Curl = 2 Lane Minor Collectors (22' plus 18" Ribbon Curt Note A The major collector road system may be contained wholly on the land or may be comprehensively designed to serve both the land the Pfluger Tract. Note C Two lane collectors may be built to City standards. (Amended Nov. 1993) VOL .2452PasE0887 EXHIBIT "G" ALTERNATIVE ROADWAY STANDARDS 1. COLLECTOR ROADWAYS (shown on Exhibit "F") 1.1 Four lane collector section * Dual 25 foot pavement widths * Plus an 18" concrete ribbon curb on each side of pavement * Includes a landscaped median a minimum of 14' wide 1.2 Two lane major collector section * 25 foot pavement width * Plus an 18" concrete ribbon curb on each side of pavement 1.3 Two lane minor collector section * 22 foot pavement width * Plus an 18" concrete ribbon curb on each side 1.4 SPECIAL CONDITIONS 1.4.1 NO CLEARING: No clearing of any protected tree, as defined in the City landscape ordinance, within the public right of way of collector roadways shown as a major collector on Exhibit "F" of this agreement, shall be permitted except when a comprehensive design for utilities and landscaping is approved by the Director of Planning and the Director of Public Works. This provision amends the "no clearing" provision shown on Exhibit "B" of the Concept Plan approved by the City Planning and Zoning Commission on September 7, 1989. 1.4.2 PARKING: Parking shall be prohibited on a collector roadway with a cross section of less than 30', except in designated parking areas approved in writing by the Director of Planning as part of the platting process. 1.4.3 ACCESS: Driveway access for single family residential uses is restricted to collector roadways, as indicated on Exhibit "J". 2. RESIDENTIAL STREETS 2.1 MINIMUM STANDARDS: Residential streets may be constructed to the following minimum standards. These are based on the number of dwelling units which a street serves and the frontage the residential lots to which it provides access. 38 VOL. 2452P6EQ888 Number of Dwelling Units LOT WIDTH < 7 7 -14 15 - 30 90' AND ABOVE 17' Plus Ribbon Curbs 17' Plus Ribbon Curbs 19' Plus Ribbon Curbs 60' - 89' 17' Plus Ribbon Curbs 20' Plus Ribbon Curbs 22' Plus Ribbon Curbs LESS THAN 60' 23' Plus Ribbon Curbs 26' Plus Ribbon Curbs 30' Plus Ribbon Curbs *Minimum ribbon curb is 18" 2.2 SPECIAL CONDITIONS 2.2.1 PARKING: Parking shall be prohibited on all streets with less than thirty feet of pavement width, except in designated parking areas approved in writing by the Director of Planning as part of the platting process. 2.2.2 FIRE PROTECTION: All streets shall be designed to permit access and turning movements for fire trucks. This shall be determined by the City fire official and may result in increasing standards. The City fire official shall determine accessability by applying the regulations and standards contained in the most current edition of the Standard Fire Prevention Code. 2.2.3 CONSTRUCTION: All pavement construction standards shall be in accordance with City codes except as specifically approved in writing by the Director of Public Works to meet the intent of this agreement. 2.2.4 BUILDING SETBACK LINES AND MINIMUM PARKING REQUIREMENTS: Building setback lines may be increased or additional parking may be required to compensate for the loss of street parking resulting from the owner choosing modified street standards. 39 YOL.24JZPAGE OS89 2.2.5 STREET RIGHT OF WAY WIDTH All street rights of way shall be of sufficient width to accommodate the street plus utility lines plus drainage swales and sidewalks. 2.2.6 SIDEWALKS The approval of alternative roadway standards does not waive city sidewalk requirements. However, alternative forms of pedestrian access may be approved by the Planning and Zoning Commission as part of the plat approval process. 40 c\.) voL. 2 4 5 2PAGE 08 9 0 EXHIBIT "H" This roadway to be constructed by Owner in accordance with Section 3.6 of this PUD agreement prior to approval of the final plat containing the 400th LU.E. -------- , • — 2 0 t &../-*Age.:,4•tf;14`.7zWi, 4",:a" • • • t-„,kr4 This roadway to be constructed by Owner t,z-47,;• in accordance with Section 3.5 of this - PUD agreement prior to approval of the final plat containing the 600th- k.U.E. 41 a Roadway (25plus 18- ribbon curbs) to be constructed by the City Round Rock. • • • RoadWity (25' plus 18- ribbon curbs) to be constructed by the owner. VOL. 24i2pE 0891 EXHIBIT "I" FENCE STANDARDS In order to assure a continuity of design and maintenance of all fences which are located adjacent to either the Golf Course or a roadway designated as a major collector by this Agreement, the following guidelines shall apply to the construction of fences on the lands. 1. FENCES ADJACENT TO GOLF COURSE All fences constructed along the boundary of the Golf Course shall be constructed in accordance with the following criteria. 1.1 Design - All fences along the boundary of the golf course shall be constructed of (a) treated split rail wood (two rails) with limestone columns, not to exceed 3.5 feet in height, (b) wrought iron with limestone columns not to exceed 6.5 feet in height, (c) or such other material of equal or greater quality approved in writing by the Director of Planning. 1.2 Maintenance - It shall be unlawful to maintain a fence in such a manner as to allow: • any portion of a fence to lean so that the fence's axis is more than five (5) degrees out of perpendicular alignment with its base. • missing, loose, or damaged stone or wood rails in the fence. • symbols, writings, and other graffiti on the fence. Fence maintenance shall be the responsibility of the property owner and all damage shall be repaired within thirty days of written notification by the City. 42 VOL.24b2PAGEOS92 2. FENCES ADJACENT TO ROADWAY 2.1 Rear Property Line Fences adjacent to roadways designated collector roadways by this agreement shall be constructed by the owner as part of the construction of each subdivision and must be completed prior to acceptance of the subdivision. Such fences shall be a minimum of four feet and a maximum of 6.5 feet in height and shall be constructed using masonry or wrought iron or an equivalent maintenance free material. (Common cement or cinder block, and chain link are specifically excluded.) The design, materials and specifications of such fencing shall be approved by the Director of Planing and Community Development prior to the approval of the first subdivision plat on the Land. The Owner shall include in his fence design accent landscaping in the public right of way to complement all rear lot line fencing. Fences may be constructed, if designed by a professional, if such fence is part of a weather resistant wood, metal, and masonry fence system, designed to minimize maintenance of the fence with the finished side facing the roadway, and approved by the Director of Planning. 2.2 Maintenance - It shall be unlawful to maintain a fence in such a manner as to allow: • any portion of a fence to lean so that the fence's axis is more than five (5) degrees out of perpendicular alignment with its base. • missing, loose, or damaged stone in the fence. • symbols, writings, and other graffiti on the fence. Fence maintenance shall be the responsibility of the property owner and all damage shall be repaired within thirty days of written notification by the City. 3. While the Land remains undeveloped and has an agricultural tax exemption, the above restrictions are waived to the extent that a standard farm fence shall be permitted. 43 N N 0CC 1--- Z 0 U VOL 2452Pw-0893 EXHIBIT "J" (Amended- November 1993) grit trr.11717/7,51 • • • • • • No direct access to single family lots with less than 80 feet of frontage and 10,000 sq. feet of lot area. — -- — Direct access allowed to roadway constructed to city standards with a 40 foot front setback. No direct access to single family lots. * * This may be waived by the Planning and Zoning Commission as a part of plat approval, at locations where the ultimate number of dwelling units to be served by a section of mad will not exceed 150 and the minimum lot frontages are 100 feet. voL.2452PacE0894 EXHIBIT "K" HOLD HARMLESS AGREEMENT between THE CITY OF ROUND ROCK and FRANKLIN CAPITAL CORPORATION Restrictive Covenant to be placed on map or plat and filed with Restrictive Covenants of Subdivisions containing lots which are located within fifty feet (50') of the Golf Course ("Golf Course Lots") as shown on the map or plat of the Subdivision: "It is acknowledged and agreed that, from time to time, golf balls may be hit which leave the boundaries of the Golf Course and stray ont o the Golf Course Lots and which cause a potential danger and hazard to the owners of the Golf Course Lots, their families, tenants, guests and employees, and to personal property situated on the Golf course Lots. Each owner of any of the Golf Course Lots shall and does hereby, on behalf of such owner, his heirs, legal representatives, successors, and assigns, release and hold harmless the City of Round Rock, the Forest Creek Golf Club, Franklin Capital Corporation, and their respective successors and assigns from any claims, liabilities, causes of action, court costs, expenses, attorney's fees, losses and damages arising out of or related to any damage to persons or property caused by golf balls straying onto such owner's Golf Course Lot. This release shall be a condition of the purchase or sale of each of the Golf Course Lots, and shall constitute a covenant running with the land comprising the Golf Course Lots, which shall be binding upon the owners of the Golf Course Lots, their heirs, successors and assigns, and shall inure to the benefit of the City of Round Rock, Forest Creek Golf Club, Franklin Capital Corporation and their respective successors and assigns." Deed Restriction to be included in deeds to any Golf Course Lots covered directly by Franklin Capital Corporation to a Purchaser: 45 40L.2452PAGEO895 "This conveyance is subject to and, by acceptance of this deed Grantee hereby agrees on behalf of Grantee, his heirs, successors, and assigns, to the following covenant: Grantee, on behalf of Grantee, his heirs, legal representatives, successors, and assigns, agrees to and does hereby release and hold harmless the City of Round Rock, the Forest Creek Golf Club, Franklin Capital Corporation and their respective successors and assigns from any claims, liabilities, causes of action, court costs, expenses, attorney's fees, losses and damages arising out of or related to any damage to persons or property caused by golf balls straying onto the Property rom Forest Creek Golf Club. The foregoing shall constitute a covenant running with the land comprising the Property, and shall bind Grantee, and Grantee's heirs, successors and assigns and all future owners of the Property. 46 VOI. 24)20S9G EXHIBIT "L" DEFINITIONS DEVELOPMENT PARCEL: Means a tract of land designated for subdivision and development for which a single preliminary plat application is required as part of the ongoing approval process. PARCEL SIZE: Means the size of the parcel in acres. The size is approximate and may vary slightly due to more accurate measurement when surveyed. ASSIGNED L.U.E.: Means the total number of L.U.E. assigned to the parcel. MAXIMUM L.U.E.: Means the maximum total numbers of L.U.E. allowed to be assigned to the parcel administratively through the density transfer provisions of this agreement. SPECIAL CONDITIONS: Means specific development or design criteria which regulate all or part of the subdivision or development of a parcel. ATTACHED RESIDENTIAL: Means duplexes and cluster housing where no more than three units are attached. Attached residential specifically excludes most forms of multi -family residential including, but not limited to, apartments, townhouses, row -housing and four-plexes. LIMITED COMMERCIAL: Means uses and buildings as permitted in the City "Local Commercial Zone", plus restaurants. 47 got. 2452P6EO89 i ALL WEATHER ACCESS: Means an asphalt or concrete roadway with no part being inundated by the 100 year design storm flow. PFLUGER TRACT: Means that 84.75 acre tract lying immediately north of the land and generally identified on Exhibit "F". DIRECTOR OF PLANNING: Means the Director of Planning and Community Development of the City of Round Rock, Texas or his designate. DIRECTOR OF PUBLIC WORKS: Means the Director of Public Works of the City of Round Rock, Texas or his designate. 48 1 VOL 2 4 2 PA5E 0 8 9 8 0 Lit (3 1.11 —1 s- <>- I/2 C 0 to 10 < w Z t" 0 -7--1 0 c 0c < < 0 4-- 0 C3 n LL 0 LL 0 7 --, 0 0 w 0< to __I o. a. *11 V) z rr a. u. < -J CI 0 0 2 0 0 0 - CO V/ CC 0 0 < < 0 0 0 0 < < EXHIBIT "M" - • O. -0 L 1 ,) <2 42) 0 Z 00 UJUJ a 0 < < - < z<<i3 U. &z< -2 _.0 Ltl -I 0 0 -4-24,43c k • * • - : r c 747-4-"-:------ --.- ZZt 10Vott--.474-- 4 - ---1 !i — "--!-- - - LJ L' -1 -: -.- ; : i : i . - 49 1 yin_ 2 4 5 2 PAGE 0 8 9 9 DEVELOPMENT GUIDELINES FOR FRANKLIN 582 CONCEPT PLAN AS APPROVED BY THE CITY OF ROUND ROCK PLANNING AND ZONING COMMISSION SEPTEMBER 7, 1989 50 VOL. 2452PAGE 09 0 TABLE'OF CONTENTS 1. Egag_ STATEMENT OF PURPOSE AND INTENT ----------------- I II AUTHORITY/DEFINITION ---------------------------- 3 LAND USE SUMMARY ------ _ -- - -------- -- _ --- ----- 5 51 VOL. 24i2PAGEO9O1 I_ STATEMENT OF PURPOSE AND INTENT Franklin 582 is a planned community_ focus is residential, both the recreational and otierry special use components play an integral part in creat unique living environment_ ting a The Franklin 582 development standards are intended out the goals of this. planned community_to carry to ensure a unified, quality development_ TThr are written creativity in design, sensitivity P Through the site and compatibility of landtuses,o the achcom commitment of made to the future of the community_ m3nitment is The following principles will be used in towards a planned community which can respond guiding to dhvnlopment market conditions; changing o Encouraging FLEXIBILITY in site design with respect building spacing, heights and density of buildings to open space, and parking_ y o Allowing a variety of CREATIVE SOLUTIONS to project design that may not be possible through the strict application of the local -zoning and subdivision_ o Encouraging g - g a mixed-use, MASTER PLANNED community providing for residential, recreational commercial,; office and community servicesand limited o Encouraging INNOVATIONS in land use that resu availability of attractive development o It in the' pportun1ties_ o Promoting more EFFICIENT-use_of land and ener reasonable infrastructure re quirgy through ements_ o Maximizing the UNIQUE physical features of the site_ o Creating development P patterns and project design that further the GOALS and POLICIES of the local governmental agencies_ o Providing appropriate TRANSITIONS between while encouraging an overall communit land uses y focus_ o Providing FLEXIBILITY for both land use t density to be TR.ANSFE YPe and better to the needs of the weenresponding conditions_ r and changing market 52 voL.24J2PAoEo9i+9 Encourage FLEXIBILITY in the design of streets departure from strict enforcement of to allow regarding design standards, street widths, d rainacodas curb and gutters, street lightin dge, utilities and similar aspects_ g` landscaping, 53 F VOL. 2452PEo9�3 II_ AUTHORITY DEFINITIONS Authority These standards will guide the preparation -of a P_U_D the Franklin 582 development_ for Definitions The following definitions shall apply: o Single Family Detached One -family detached dwelling with a densit from 2.0 du/ac to 6_O du/ac_ y ranging o Single Family Detached/Attached One -family detached dwelling with a density ran in from 2.0 du/ac to 8.O du/ac;� g g du lex ): three-plextwo-family dwelling P through six -pier attached dwellings: row houses, townhouses, with a maximu density of 12 du/ac_ m o Multi -Family - All uses allowed in Single Family Detached and Single Family Detached/Attached and including apartments for rent, condominiums acked flats) for sale with a maximum density of 18(du/ac ac _ o Parcels Parcels for development have been iden with their own uses, character, t�fied development' standards_ 3Qent1ty and o L• U- E- (Living Unit E Rock City Codes_ quivalent) as defined in the -Round o Commercial - Intended to office uses at a provide local commercial and floor -area ratio (FAR) of _45 within two (2) story buildings_ offices, neighborhood servicesgovernmental Permitted uses include institutional uses, daycare facillitiesschools lsd local commercial and retail activities_ and o Special Uses - Throughout Franklin 582 the follow' uses may be allowed: Ing private recreation amenitiesof worship, schools, facilities subject to site group homes, daycare plan approval_ o Density Transfer - Within the Franklin 582 P_U_D_ allowable density may be transferred between parcels_ o Cluster Development - Single attached or have lot sizesmallerythantn which maybe normal, where 54 VO1.2452PiEO9o4 0Zero-Lot-Line units Development - Sin placed on lots so that thele unitmsit detachedo more lot lines_ s along one or o Density - The maximum density units per acre_ per parcel, expressed in the development hrieveeo of protects the natural features and the parcel through the grouping of units_ nits_ 55 'III_ LAND USE SUMMARY Use Single. Family Detached 4-0 units/acre Single Family Detached Single Family Attached 6.0 units/acre 8_0 units/acre Single -Family Detached Single Family Attached Multi -Family 10.0 units/acre 12.0 units/acre. Commercial _45 F_A_R_ Golf Course/Clubhouse Collector Street R.O.W. Total VOL. 2452PacE0905 Area 77.7 ac 92-2 ac 93_4 ac 82.2 ac 32.6 ac 12_1 ac 170.0 ac 21.8 ac 582.0 ac• Unit quantities, acreage and types ever, the density may not exceed 1,500 Living UnitEquivalents_- The maximum total units within Franklin 58 the distribution of L_LT_E. 2 1s dependent on thea dist 1,500 L_ U_ t 'S which is presents E_ s_ The present overall L_U_E y limited tt a is 2_58 L_ U_ E_ ' S _ density Theparcels of Franklin 582 have theate densities designated on the p retial to develop at parcels are reduced in fordensi�yrtolallowarysumm� provided other The uses identified for each any adjustments. parcelallow respond to market conditions, while maintains fltxebility to character and integrity of the overall development the plan _ A minimum of 80% of the total dwelling units constructed within Franklin 582 will besingle m detached residential_ family The L_U_E_'s establish the overall densit The total of 1,500 L_U_E_ Y for Franklin 582_ the's are to be calculated based on following criteria, 56 ). J1 VOL 2452PA6E090G a_ Single Family Residence b_ Duplex 1_0 LUE/unit 9c_ Multi -Family or Townhome -7 LUE/unit d. Commercial - LLiE/unit .1377 LUE/ 1,000 s:f_ of building The following parCel numbers refer to the dev parcels on the Development Plan and elon use summary for each parcel and alternateuse_ a land use The density of each parcel allows for the mos to occur within that parcel_ Totallingthe t intense use m of all parcels would result in more maximum L_U_E_�s allowed_ When one parcel uses its maximumhL_1,500 L_ther parcels would be reduced_U-E- s other L_U_E.' In no case will the overall s exceed that -allowed by City Council_ 57 i-- poi. 2452PacE090 d PARCEL: P -I USE: Single Family Detached DENSITY: Residential_ 4_0 du/ac ACREAGE: 4.O MAX_ L_U_E_ 16 SPECIAL COIN=TIONS : 1- One direct access willbe allowed onto County Road 11122_ PARCEL: p-2 USE: Single -Family Attached Single Family Detached DENSITY: s_0 - ACREAGE: - 18_9 MAXIMUM L_ U_£_ 113 SPECIAL CONDITIONS: 1• Single Family Attached buildings shat 100' of exterior property line_ 1 not occur within 2• Lots adjacent to the northern property line will be single family --detached lots_ 3 • A A buffer may consn g be Provided along the northern P.U.D. g of landscaping, berming or fencing_ perimeter 58 VOL.242FGEO9O8 PARCEL: P_3 USE: DENSITY: ACREAGE: MAXIMUM L_U_E_ : SPECIAL CONDITIONS: Single Family Detached Single Family Attached 6.0 15_4 92 i- Lots within 150• sin le family of the northern property line will be `� y. detached lots 2- A buffer may be provided landscaping, the northern P_U_D- perimeter consistingping, berming or fencing_ PARCEL: p_4 USE: DENSITY: ACREAGE MAXIMI L . U _ E _ : SPECIAL CONDITIONS : Single Family Attached Single Family Detached 6_0 10_4 62 1_ Lots within I50' single familyof the northern property line will be 2 • A buffer may detached lots_ ots _ perimeter consisting provided along the northern P_ g of landscaping, fencing_ ping, berming or fencing_ 59 3 - PARCEL: P_5 USE: DENSITY: ACREAGE: MAXIMUM L _ U _ E - SPECIAL CONDITIONS: VOL.2452PAGEO90y Single Family Attached Single Family Detached 6_0 49_1 352 1- s Accesshall be limited ss Provided from parCels access may be allowed to the P-3 and P-10_ � 2 and -717_ Gol f Course Road A between holes PARCEL: P_6 USE: DENSITY: ACREAGE: MAXIMUM L. U_ E. : PARCEL: p_7 USE: DENSITY: ACREAGE: MAXIMUM L_ U_ E_ SPECIAL CONDITIONS: 1- One direct access may be allowed locoed onto County Road ; I Z 2 _ Single Family Detached 4.0 6_0 24 Neighborhood C--- Sinle Commercial & Office 9 Family Detached Single Family Attached Commercial: _45 F - Resident' A -R_ Residential: 8 du/ac 7.1 51 60 vol. 2 4 5 2PAGEO 9 I 0 PARCEL: P-8 USE: DENSITY: ACREAGE: MAXIMUM L_U_E_: SPECIAL CONDITIONS: Neighborhood Commercial & Office Single Family Detached Single Family Attached Commercial: _45 F_A_R_ Residential: 4_0 du/ac 9_9 39 1_ Neighborhood commercial and office buildings shall maintain a 100' setback from the existing residential lots to the south_ 2_ Residential lots within 150' of the southern property line will be Single Fardily Detached lots_ 3_ One direct access may be allowed onto County Road t122 4_ Only 5.0 acres of this parcel may be developed as Neighborhood Commercial and Office uses_ 5_ Commercial uses shall be located adjacent to County Road and the Golf Course Road_ 6_ A buffer along/ the southern P_U_D_ perimeter will consist of landscaping, berming or fencing_ PARCEL: P-9 USE: Single Family Detached DENSITY: 4.0 ACREAGE: 15.1 MAXIMUM L.U.E.: 60 61 - PARCEL: P-10 USE: DENSITY: ACREAGE: MAXIMUM L_U_E.: PARCEL: P-11 USE: DENSITY: ACREAGE: MAXIMUM PARCEL: P -i2 USE: DENSITY: ACREAGE: MAXIMUM L_U_E.: VOL. 24 52PAGE 0 9 1 1 Single Family Attached Single Family Detached Multi -Family 12_0 12.6 105 Single Family Attached Single Family Detached-,. Multi -Family 12_0 20_0 168 _ Single Family Detached Single Family Attached Multi -Family 10.0 82_2 575 62 YR, 4 2416E0912 - PARCEL: P-13 USE: Single Family Detached DENSITY. 4.0 ACREAGE: 51_6 MAXIr L _ U _ E _ 206 SPECIAL CONDITIONS: 1_ The drainageways shall be maintains space except that roadways ma d as natural open paths may be located in the openrpossacthe open s ace and p e_ P PARCEL: P-14 USE: DENSITY: ACREAGE: MAXIMUM L-U_E_ : 133 Single Family Detached Single Family Attached 8.0 18.6 SPECIAL CONDITIO*S _ 1_ Access .,may be provided to Parcel P-15 across course at -each end of the golf 2- A buffer along the southern hole n13_ consisof . landsca P.U.D.Dperimeter will ping! terming or fencing_ PARCEL: P-15 USE: Single Family Attached Single Family Detached DENSITY: 8.0 ACREAGE: 25_7 MAXIMUM L_ U_ E_ _ 184 63 PARCEL: P-16 USE: DENSITY: 6_0 ACREAGE: 26.4 MAXIJIUM L_U_E_ 158 SPECIAL CONDITIONS: YOi. 2452PA6E09j3 Single Family Detached Single Family Attached 1- Two access points may - of Franklin 582_ be Provided to the property �' y north 2_ Access shall be provided to parcel P-12_ PARCEL: p-17 USE: DENSITY: 6_0 ACREAGE: 6.0 Single Family Attached Single Family Detached MAXIiiUM I, U E _ 36 SPECIAL CONDITIONS: 1- A minimum 10' buffer- between the e perimeter and East Road will cons' astern P_U_D_ of landscaping, berming or fencing_ consist ) - PARCEL: USE: P-18 DENSITY: ACREAGE: MAXIMUM L_U_E_: SPECIAL CONDITIONS: 1- A minimum 10' buffer between the eastern P.U.D. or fencing_ perimeter and East Road will consist of landscapir_g, berming Single Family Attached Single Family Detached 6.0 10.2 61 STATE OF TEXAS COMITY OF WILLIMISOM I hereby certify that this instrument was FILED on the date and at the time stamped Won by me, and was duly RECORDED in the Volum and Page of the named RECORDS of Williamson County, Texas, as stamped hereon by me, on JA • 1994 at. COUNTY CLERIC WILL1 t,'SON COUNTY. TEXAS 65 70 -- r";.? DATE: January 11, 1994 SUBJECT: City Council Meeting, January 13, 1994 ITEM: S.M. Consider an ordinance amending Ordinance No. 1297, PUD No. 4 (Forest Creek). (First Reading) STAFF RESOURCE PERSON: Joe Vining STAFF RECOMMENDATION: Approval RECORDED DOCUMENT FOLLOWS ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY Mayor Nyle Maxwell Mayor Pro -tem Alan McGraw Councilmembers Rufus Honeycutt Joe Clifford Carlos T. Salinas Scott Rhode Kris Whitfield City Manager James R. Nuse, P.E. City Attorney Stephan L. Sheets November 2, 2007 IKEA Round Rock 1 IKEA Way Round Rock Texas 78665 1111111111111111111 1111111111111111111111 111111111 11111 MISC 4 PGS JAN j 2007095929 Attention: Jeff O' Shaughnessy RE: Administrative Amendment to PUD 64, Banner Sign on East Elevation Dear Mr. O' Shaughnessy: Further to your request for an administrative modification of the building signage in PUD 64 (IKEA), we have made the following administrative amendment as • provided for by Section 15.1 of the Development Agreement. The following sentence shall be added to Section 11.1 of the Development Plan: In addition, a five by fifty ,five foot (5 ' x 55) banner sign, shall be designed, sized and located generally in accordance with Exhibit "D-11 ", attached hereto for illustrative purposes but not as a precise signage plan. The above amendment will allow for an additional banner sign on the east elevation of the building. The addition of this sign is within the administrative approval limit designated by Section 11 of the Development Plan. Sincerely, J . Stendebach, AICP irector of Planning dezswa_ Daniel Halden, P.E. City Engineer mom.— empp arles Cry rim City Atto ey CITY OF ROUND ROCK PLANNING AND COMMUNITY DEVELOPMENT 301 W. Bagdad, Suite 210 • Round Rock, Texas 78664 Phone 512.218.5428 • Fax 512.218.3286 • www.roundrocktexas.gov BUILDING SIGNAGE EAST ELEVATION Vinyl banner attatched to a tension frame. The banner size is 5'x55'. © Inter IKEA Systems B.V. 2007 �H. THE STATE OF TEXAS § COUNTY OF WILLIAMSON § BEFORE ME, the undersigned authority, on this day personally appeared Jim Stendebach, known to me to be the person whose name is subscribed to the foregoing instrument as the Director of Planning of the City of Round Rock, Texas, a municipal corporation, and he acknowledged to me that he executed the same for the purposes and considerations therein expressed, in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the t--4-' day of , 2007. off... DIANE BUCK • Notary Public, State of Texas My Commission Expires APRIL 25, 2010 THE STATE OF TEXAS § COUNTY OF WILLIAMSON § et Notary Public Signature State of Texas BEFORE ME, the undersigned authority, on this day personally appeared Daniel Halden, known to me to be the person whose name is subscribed to the foregoing instrument as the City Engineer of the City of Round Rock, Texas, a municipal corporation, and he acknowledged to me that he executed the same for the purposes and considerations therein expressed, in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the i 5 day of ►3c , 2007. DIANE BUCK Notary Public, State of Texas My Commission Expires APRIL 25, 2010 Notary Public Signature State of Texas THE STATE OF TEXAS § COUNTY OF WILLIAMSON § BEFORE ME, the undersigned authority, on this day personally appeared Charles Crossfield, known to me to be the person whose name is subscribed to the foregoing instrument as City Attorney of the City of Round Rock, Texas, a municipal corporation, and he acknowledged to me that he executed the same for the purposes and considerations therein expressed, in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the I —day of � � �N•$ € , 2007. ,,��►11Y:P�'',- DIANE BUCK =* �1• #' Notary Punic, State of Texas = . /\ r - My Commission Expires '',;?",or:.'"4 :,'• APRIL 25, 2010 - - a _b s o c a AGREED TO BY OWNER: Ikea Round Rock By: eff O' Sha ghness Authorized ' epresentative THE STATE OF TEXAS § COUNTY OF WILLIAMSON § Notary Public Signature State of Texas BEFORE ME, the undersigned authority, on this day personally appeared Jeff 0' Shaughnessy, known to me to be the person whose name is subscribed to the foregoing instrument as an Authorized Representative for IKEA Round Rock, and he acknowledged to me that he executed the same for the purposes and considerations therein expressed, in the capacity therein stated. GIVEN UNDEZ MY HAND AND SEAL OF OFFICE, this the j5-dayof N c:4u)30.2,2 cam- 1c __ Notary Public Signature State of Texas