Z-96-06-13-9B - 6/13/1996STATE OF TEXAS
COUNTY OF WILLIAMSON *
CITY OF ROUND ROCK *
DOC# 9640650
I, JOANNE LAND, Assistant City Manager/City Secretary of the
City of Round Rock, Texas do hereby certify that the above and
foregoing is a true and correct copy of an ordinance passed and
adopted by the City Council of the amity of Round Rock, Texas, at
CL'Lt
, 19 9 (0
two meetings held on the
19 (/�j
4O and the / r 1 day of
day of
which is recorded in the minutes of the City of Round Rock in
book L35
WITNESSED by my hand and se 1 of the City of Round Rock,
910. Texas on this day of / , I9
V
NNE LAND
A istant City Manager/
City Secretary
OFFICIAL RECORDS
WILLIAMSON COUNTY, TEXAS
-3I
ORDINANCE NO. 1- ` - a,- /3- 913
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF
THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION
11.305(2), CODE OF ORDINANCES (1995 EDITION), CITY OF
ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART
OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO RE -ZONE 8.46
ACRES OF LAND OUT OF THE P. A. HOLDER SURVEY,
ABSTRACT NO. 297, AND 17.84 ACRES OF LAND OUT OF THE P.
A. HOLDER SURVEY, ABSTRACT NO.297, KNOWN AS THE
ROCKING HORSE RANCH SUBDIVISION, CURRENTLY ZONED
MULTI -FAMILY (MF), IN ROUND ROCK, WILLIAMSON COUNTY,
TEXAS, TO ROCKING HORSE RANCH PLANNED UNIT
DEVELOPMENT (PUD) DISTRICT NO. 26.
WHEREAS, an application has been made to the City Council of
the City of Round Rock, Texas to amend the Official Zoning Map to
zone the properties described in Exhibit "A" and Exhibit "3",
attached hereto and incorporated herein, as Rocking Horse Ranch
Planned Unit Development (PUD) No. 26, said Exhibits being attached
hereto and incorporated herein, and
WHEREAS, the City Council has submitted the requested change
in the Official Zoning Map to the Planning and Zoning Commission
for its recommendation and report, and
WHEREAS, the Planning and Zoning Commission held a public
hearing concerning the requested change on the the 23rd day of
April, 1996, following lawful publication of the notice of said
public hearing, and
WHEREAS, after considering the public testimony received at
such hearing, the Planning and Zoning Commission has recommended
that the Official Zoning Map be amended so that the zoning
classification of the property described in Exhibits "A" and "B" be
changed to Rocking Horse Ranch PUD No. 26, and
C:\TEXT\SEPUDS\ROCKINGH.ORD/cdc
WHEREAS, on the 9th day of May, 1996, after proper
notification, the City Council held a public hearing on the
requested amendment, and
WHEREAS, the City Council determines that the zoning
provided for herein promotes the health, safety, morals and
protects and preserves the general welfare of the community, and
WHEREAS, each and every requirement set forth in Chapter
211, Sub -Chapter A., Texas Local Government Code, and Section
11.300, Code of Ordinances (1995 Edition), City of Round Rock,
Texas concerning public notices, hearings, and other procedural
matters has been fully complied with, Now Therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS, THAT:
I.
That the City Council has hereby determined the Planned Unit
Development (PUD) No. 26 meets the following goals and objectives:
(1) The development in PUD No. 26 is equal to or superior to
development that would occur under the standard ordinance
requirements.
(2) P.U.D. No. 26 is in harmony with the general purposes,
goals, objectives and standards of the General Plan.
(3) P.U.D. No. 26 does not have an undue adverse effect upon
adjacent property, the character of the neighborhood,
traffic conditions, parking, utilities or any other
matters affecting the public health, safety and general
welfare.
(4) P.U.D. No. 26 will be adequately provisioned by essential
public facilities and services including streets,
parking, drainage, water, wastewater facilities, and
other necessary utilities.
(5) P.U.D. No. 26 will be constructed, arranged and
maintained so as not to dominate, by scale and massing of
structures, the immediate neighboring properties or
2.
interfere with their development or use in accordance
with any existing zoning district
II.
That the Official Zoning Map adopted in Section 11.305(2),
Code of Ordinances (1995 Edition), City of Round Rock, Texas is
hereby amended so that the zoning classification of the properties
described in Exhibits "A" and "B", attached hereto and incorporated
herein shall be, and is heresfter designated as Rocking Horse Ranch
Planned Unit Development (PUD) No. 26, and that the Mayor is hereby
authorized and directed to enter into the Agreement and Development
Plan for PUD No. 26 attached hereto as Exhibit "C", which agreement
shall govern the development and use of said property.
III.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
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.
READ, PASSED, and ADOPTED on first reading this day
of , 1996.
Alternative 2.
READ and APPROVED on first reading this the day of
, 1996.
3.
READ, APPROVED and ADOPTED on second reading this the
day of
ATTEST:
E LAND, City Secretary
, 1996.
HARLES CUL R, Mayor
City of Round
4.
Rock, Texas
EXHIBIT "A" Page 1 of 3
FIELD NOTES
FOR
TRACT ONE - 16.841 ACRE TRACT
ALL OF THAT CERTAIN TRACT OR PARCEL OF LAND OUT OF THE P.A.
HOLDER SURVEY ABSTRACT NO. 297 IN WILLIAMSON COUNTY, TEXAS,
BEING THAT SAME TRACT OF LAND DESCRIBED AS A 16.843 ACRE TRACT
AS CONVEYED TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION BY DEED
RECORDED IN VOLUME 1524, PAGE 581 OF THE DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS, SAID TRACT BEING MORE PARTICUARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at an iron pipe found at the Northeast corner of the
said 16.843 acre tract, being at the Northwest corner of that
certain 5.84 acre tract of land as conveyed to Erwin Meiske by
deed recorded in Volume 589, Page 291 of the Deed Records of
Williamson County, Texas, being in the South r.o.w. line of U.S.
Hwy No. 79 for the Northeast corner hereof;
THENCE along the East line of the said 16.843 acre tract, being
the West line of the said 5.84 acre tract, as fenced and used
upon the ground, .S 00° 30' 38" E for a distance of 545.52 feet
to an iron pin found at the. Northeast corner of that certain
0.997 acre tract of land as conveyed to First Federal Savings &
Loan Association by deed recorded in Volume 1524, Page 581 of
the Deed Records of Williamson County, Texas;
THENCE continuing along the East line of the said 16.843 acre
tract, being along the North, the West and the South lines of
the said 0.997 acre tract, for the following courses:
S 89° 29' 30" W for a distance of 216.85 feet to an iron
pin found
S 20° 23' W for a distance of 156.92 feet to an iron pin
found
S 79° 00' E for a distance of 272.55 feet to an iron pin
found in the West line of the said 5.84 acre tract, being
at the Southeast corner of the said 0.997 acre tract;
THENCE contin ing along the East line of the said 16.843 acre
tract, being !the West line of the said 5.84 acre tract, as
fenced and used upon the ground, S 16° 32' W at a distance of
414.7 feet passing the end of a fence and continuing for a total
distance of 474.90 feet to a point in the approximate centerline
of Brushy Creek, being at the Southeast corner of the said
16.843 acre tract, for the Southeast corner hereof;
THENCE along the South line of the said 16.843 acre tract, being
along the approximate centerline of Brushy Creek, N 80 ° 19' W
for a distance of 241.50'feet to an angle point and N 64° 56' W
for a distance of 479.80 feet to a point, being the Southwest
corner of the said 16.843 acre tract, for the Southwest corner
hereof;
THENCE along the West line of the said 16.843 acre tract,
N 09° 16' 30" E at a distance of 29.16 feet passing a 60-d nail
found in a 48" tree and continuing for a total distance of
625.30 feet to an iron pin found;
EXHIBIT "A"
FIELD NOTES
FOR
16.841 ACRE TRACT - Page Two
Page 2 of 3
THENCE continuing along the West line of the said 16.843 acre
tract, N 06° 09' 20" W for a distance of 237.27 feet to an iron
pin found at the Northwest corner of the said 16.843 acre tract,
being at the Northeast corner of that certain 7.85 acre tract of
land as conveyed to Billy Davis by deed recorded in Volume 523,
Page 88 of the Deed Records of Williamson County, Texas, being
in the South r.o.w. line of U.S. Hwy No. 79, for the Northwest
corner hereof;
THENCE along the North line of the said 16.843 acre tract, being
the South r.o.w. line of U.S. Hwy No. 79, N 81° 50' E for a
distance of 739.07 feet to the PLACE OF BEGINNING and containing
16.841 acres of land, more or less.
AS SURVEYED BY:
W. HARVEY SMITH SURVEYOR, INC
ji/.('a 612sti
s'srfq�f i\
°t ROY D. SMF rH
ROY.ZT <9 4094
REGISTERED PROFESSIONAL SURV
December 6, 1991 SUM
Survey Updated: June 23, 1993
Job No. 36437-56
EXHIBIT "A" Page 3 of 3
FIELD NOTES
FOR
TRACT TWO - 0.997 ACRE
ALL OF THAT CERTAIN TRACT OR PARCEL OF LAND OUT OF THE P.A.
HOLDER SURVEY ABSTRACT NO. 297 IN WILLIAMSON COUNTY, TEXAS,
BEING THAT SAME TRACT OF LAND DESCRIBED AS A 0.997 ACRE TRACT AS
CONVEYED TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION BY DEED
RECORDED IN VOLUME 1524, PAGE 581 OF THE DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS, THE HEREIN DESCRIBED TRACT BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING FOR REFERENCE at an iron pipe found in the South
r.o.w. line of U.S. Hwy No. 79, being at the Northeast corner of
'that certain 16.843 acre tract of land as conveyed to First
Federal Savings and Loan Association by deed recorded in Volume
1524, Page 581 of the Deed Records of Willamson County, Texas,
being at the Northwest corner of that certain 5.84 acre tract of
land as conveyed to Erwin Meiske by deed recorded in Volume 589,
Page 291 of the Deed Records of Williamson County, Texas;
THENCE along the East line of the said 16.843 acre tract, being
the West line of the said 5.84 acre tract, as fenced and used
upon the ground, S 00° 30' 38" E for a distance of 545.52 feet
to an iron pin found at the Northeast corner of the said 0.997
acre tract, for the Northeast corner and PLACE OF BEGINNING
hereof;
THENCE along the East line of the said 0.997 acre tract, being
the West line of the said 5.84 acre tract, as fenced and used
upon the ground, S 00° 30' E for a distance of 182.34 feet to an
iron pin found at an angle point and S 16° 32' W for a distance
of 19.50 feet to an iron pin found at the Southeast corner of
the said 0.997 acre tract, for the Southeast corner hereof;
THENCE along the South line of the said 0.997 acre tract,
N 79° 00' w for a distance of 272.55 feet to an iron pin found
for the Southwest corner hereof;
THENCE along the West line of the said 0.997 acre tract,
N 20° 23' E for a distance of 156.92 feet to an iron pin found
for the Northwgst corner hereof;
THENCE along the North line of the said 0.997 acre tract,
N 89° 29' 30" E for a distance of 216.85 feet to the PLACE OF
BEGINNING and containing 0.997 acre of land, more or less.
AS SURVEYED BY:
W. HARVEY SMITH SURVEYOR, INC.
rcOY SMITH �"�.
REGIf'TERED PROFESSIONAL SURVp.7f j T(� .4
December 6, 1991 1'�Pi;G 4.--7
ROY
Updated: June 23, 1993 i
\('ROY D. SMITH 40g4 .��
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;Itit
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Job No. 36437-56
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Fahibit to Accompany
Zoning Application
17.84 Acres out of the P.A.
Holder Survey, Abstract No. 297
in Williamson County, Texas
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Exhibit B
DESCRIPTION FOR BILLY C. DAVIS
BEING 8.46 acres of the P.A. Holder Survey, Abstract No. 297,
in Williamson County, Texas, the same tract dEscribed as being
7.85 acres in a deed to Billy C. Davis, et. ux., of record
in Vol. 523, Page 88, Deed Records of Williamson County, Texas.
Surveyed on the ground in August of 1980, under the direction
of Wm. F. Foresr, Jr., Registered Public Surveyo:-No. 1847.
SECINNING at an iron in found in the South line of U.S. 79
at the Northeast corner of the ..;id 7.85 acre tract and at
the Northwest corner of a 17.84 acre tract owned by Ervin A.
K atz. Said 17.84 acres being the remainder of a 30 acre
tract described in Vol. 434, Page 617, D/R.
THENCE S 06°11' E 237.38 feet with a fence, an iron pin
found, and S 09°16' 1J for 596.7 feet follow a fence, continuing
in all 625.3 feet to the center of Brushy Creek.
THENCE upstream with the center of Brushy Creek, N 67°53'40" W
352.09 feet.
THENCE N 00'12'30" E at 220.0 feet join and follow a fence,
continuing in all 445.07 feet to an iron pin found at a fence
corner.
THENCE N 75°13'10" W at 382.51 feet pass a nail set in a 36 inch
Liveoak, continuing in all 456.18 feet to the upper! Southwest
corner of the 7.85 acre tract. (The East 382.51 feet of this
line is fenced.)
THENCE N 60°40'10" E at 16.1S 1,.,.t an iron pin found
and join and follow .i fence, continuing in all 113.66 feet
to an iron ;in found. Thi' point is in the South line of U.S. 79.
THENCE. 644.35 feet with the ar._ ,.f a curve having a radius
of 2950.87 feet, the chord bears N 88°05'20" F. 643.07 feet
to a ronrrece R.O.W. marker at rhe end of the curve.
THENCE N 81°50' E 180.HR feet with the South R.O.W. line
of U.S. 79, co the POINT OF BEGTNNING.
STATE OF TEAS
COUNTY OF WILLIAMSON
I KNOW ALL MEN BY THESE PRESENTS:
I, W.F. FOREST, do hereby certify that the above described
tract was surveyed on the ground under my supervision and
chat the above description is true and correct to the best
of my knowledge and belief.
TO CERTIFY WHICH, WITNESS my hand and seal at Georgetown,
Texas, this the 25th day of August, 1980, A.D.
RECORDERS MEMORANDUM
All or parts of the text on this page was not
clearly legible for satisfactory recordation.
•
W.F. FOREST
REGISTERED PUBLIC SIJRVE1OR NO. 101
W-6 LA 4. (
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RECORDERS MEMORANDUM
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dearly legible for satisfactory recordation.
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RECORDERS MEMORANDUM
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dearly legible for satisfactory recordation.
EXHIBIT B
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
That , Jeffrey N. Drinkard, the outright owner of the certain tract in Volume
2089, Page 633, of the Official Records of Williamson County, Texas do hereby
state there are no lien holders of the certain tract of land.
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowled • ed before me on the ( day of
1996 by. t �,��• \Loot,behalf of said
Otai
u • ic, Sta
Print Name:
Axas
My commission expires:
4'.AY ?..6(21,
M. MORENO
t �' ferry R�I14 Shoe of
MyCaamissionFxpre501.11.Text
OQ
ATE Ofi
EXHIBIT B
STATE OF TEXAS
COUNTY OF WILLIAMSON §
That I, Billy C. Davis, and Iris J. Davis, the outright owners of the certain tract
in Volume 523, Page 88, of the Official Records of Williamson County, Texas
do hereby state there are no lien holders of the certain tract of land.
S � �
C. Da is Own
Billy (Owner)
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
.:chis instrument was acknowledged before me on the
day of
1996 by -r c. on behalf of said
o aPublic,teo'I e as
Printed Name: \1 VG, i Lt IA Nk.. 1\k.C2-Wo
My commission expires:
J. Davis O er
Iris ( )
This instrument was acknowledged before me on the day of
•19961: on behalf of said
No
Uk 1 l t.ry colic, tate T1exas
Printed Name:,WAD%x'A f•'oYti°
My commission expires:
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
EXHIBIT "C"
§ AGREEMENT AND
§ DEVELOPMENT PLAN
§ FOR ROCKING HORSE
RANCH PUD NO. 26
THIS AGREEMENT and Development Plan is made and entered by and
between the City of Round Rock, Texas, a Texas municipal
corporation, having its offices at 221 East Main Street, Round
Rock, Texas 78664(hereinafter referred to as the "City"), and BILLY
C. DAVIS and IRIS J. DAVIS and JEFFREY D. DRINKARD, their
respective successors and assigns, having its offices at
C310 gun-A6E e&M7 ChfCL.E SUITS A (hereinafter referred to as the
"Owner") . KpLJAiO EOC.,K,% I24140/
WHEREAS, the Owner has submitted a request to the City to zone
26.3 acres of land as a Planned Unit Development ("PUD"), said
acreage being more particularly described by metes and bounds in
Exhibits "C-1" and "C-2" attached hereto and made a part hereof
(hereinafter referred to as the "Property"), and
WHEREAS, on Q/',e/L, /%9 , , the Planning and Zoning
Commission recommen ed approv 1 of the Owner's application for a
PUD, and
WHEREAS, pursuant to Chapter 11, Section 11.316(8), Code of
Ordinances (1995 Edition), City of Round Rock, Texas, the Owner has
submitted a Development Plan, attached hereto and incorporated
herein as a part of this Agreement, said Development Plan stating
in detail all development conditions and requirements within the
PUD,
NOW THEREFORE BY THIS AGREEMENT WITNESSETH that, in
consideration of the covenants and conditions set forth herein, the
City and the Owner agree as follows:
I.
GENERAL PROVISIONS
1. CONFORMITY TO DEVELOPMENT PLAN
That all uses and development within the Property shall
conform to the Development Plan included in Section II herein.
2. CHANGES AND MODIFICATIONS
That no changes or modifications will be made to this
Agreement unless all provisions pertaining to changes or
modifications as stated in Section II.12, below, are followed.
C:\TEXT\SEPUDS\ROCKZNGH.PLN/cdc
3. ZONING VIOLATION
That the Owner understands that any person, firm, corporation
or other entity violating any conditions or terms of the
Development Plan shall be subject to any and all penalties for
the violation of any zoning ordinance as stated in Section
1.601, Code of Ordinances, (1995 Edition), City of Round Rock,
Texas, as amended.
4. LIENHOLDER CONSENT
That the lienholder of record has consented to this Agreement
and Development Plan, including any and all dedications to the
public. A lienholder consent is attached hereto and
incorporated herein as Exhibit "C-3".
5. MISCELLANEOUS PROVISIONS
5.1 Assignment.
Neither party may assign its rights and obligations
pertaining to Living Unit Equivalents, water usage and
land use under this Agreement without having first
obtained the prior written consent of the other which
consent shall not be unreasonably withheld. This section
does not prevent the Owner from conveying the property,
or any portion thereof, together with all development
rights and obligations contained in this Agreement and
Development Plan.
5.2 Necessary Documents and Actions.
Each party agrees to execute and deliver all such other
and further instruments and undertake such actions as are
or may become necessary or convenient to effectuate the
purposes and intent of this Agreement.
5.3 Severability.
In case any one or more provisions contained herein are
deemed invalid, illegal or unenforceable in any respect,
such invalidity, illegality or unenforceability shall not
affect any other provision hereof and in such event, this
Agreement shall be construed as if such invalid, illegal
or unenforceable provision had never been contained
herein.
5.4 Entire Agreement.
This Agreement constitutes the entire agreement of the
parties and supersedes any prior or contemporaneous oral
or written understandings or representations of the
parties respecting the subject matter hereof.
2.
5.5 Applicable Law.
This Agreement shall be construed under and in accordance
with the laws of the State of Texas.
5.6 Venue.
All obligations of the parties created hereunder are
performable in Williamson County, Texas and venue for any
action arising hereunder shall be in Williamson County.
5.7 No Third Party Beneficiaries.
Nothing in this Agreement, express or implied, is
intended to confer upon any person or entity, other than
the parties hereto, any rights, benefits, or remedies
under or by reason of this Agreement.
5.8 Duplicate Originals.
This Agreement may be executed in duplicate originals
each of equal dignity.
5.9 Notices.
Until changed by written notice thereof any notice
required under this Agreement may be given to the
respective parties by certified mail, postage prepaid or
by hand -delivery to the address of the other party shown
below:
OWNER ROUND ROCK
5.10 Effective Date.
City of Round Rock, Texas
221 East Main Street
Round Rock, Texas 78664
Attn: Director of Planning
This Agreement shall be effective from and after the date
of due execution hereof by all parties.
II.
DEVELOPMENT PLAN
1. DEFINITIONS
Words and terms used herein shall have their usual force and
meaning, or as defined in the Code of Ordinances (1990
Edition), City of Round Rock, Texas, hereinafter referred to
as "the Code".
3.
2. PROPERTY
This Development Plan ("Plan") covers 26.3 acres of land,
located within the city limits of Round Rock, Texas, and more
particularly described by metes and bounds in Exhibits "C -i"
and "C-2", attached hereto and incorporated herein.
3. PURPOSE
The purpose of this Plan is to insure a Planned Unit
Development ("PUD") that 1) is equal to or superior to
development that would occur under the standard ordinance
requirements, 2) is in harmony with the General Plan, 3) does
not have an undue adverse affect upon adjacent property, the
character of the neighborhood, traffic conditions, parking,
utilities or any other matters affecting the public health,
safety and welfare, 4) is adequately provisioned by essential
public facilities and services, and 5) will be developed and
maintained so as to not 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.
4. APPLICABILITY OF CITY ORDINANCES
4.1 Zoning and Subdivision Ordinances
The Property shall be regulated for purposes of zoning
and subdivision by this Plan. All aspects not
specifically covered by this Plan shall be regulated by
applicable sections in the Code.
4.2 Other Ordinances
All other Ordinances within the Code shall apply to the
Property, except where clearly modified by this Plan.
5. PERMITTED USES
The property listed below shall be used and developed as
follows and shall conform to all requirements as set forth in
this Agreement and Plan and, if not set forth herein, by
applicable sections in the Code:
5.1 Multi -Family Residential
The properties described in Exhibits "C-1" and "C-2"
shall be used and developed for standard Multi- Family
Residential (MF) uses, except as modified in accordance
with the development standards set forth in Exhibit "C-
4", attached hereto and incorporated herein.
4.
6. BUILDING DENSITY AND HEIGHT
Building density and height shall be in accordance with the
development standards set forth in Exhibit "C-4", attached
hereto and incorporated herein
7. LANDSCAPING and BUFFERING
Landscaping and buffering shall be regulated by the
development standards set forth in Exhibit "C-4".
8. PARKING AND LOADING
Parking and loading shall be as provided in accordance with
the development standards set forth in Exhibit "C-4", attached
hereto.
9. UTILITIES
All utilities, other than existing overhead perimeter lines
and lines which are three phase or larger shall be installed
underground.
10. SIGN STANDARDS
Sign Standards shall be as provided in accordance with the
development standards set forth in Exhibit "C-4", attached
hereto.
11. PROHIBITION OF MINERAL EXPLORATION
The mining, drilling, exploring, operating, removing or
developing of any property within the PUD for oil, gas, or
other minerals is prohibited.
12. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN
12.1 Minor Changes
Minor changes to this Agreement or Plan required by
engineering or other circumstances which do not
substantially change this Plan may be approved by
the Director of Planning and the Director of Public
Works.
12.2 Major Changes
Major changes shall be resubmitted following the
same procedure required in the original PUD
application.
12.3 Changes in Writing
Neither this Agreement or Plan nor any provision
hereof may be waived, modified, amended,
discharged, or terminated except by an instrument
5.
in writing signed by the City and the current
Owner.
13. GENERAL PLAN AMENDED
The Round Rock General Plan 1990 is hereby amended to reflect
the provisions of this agreement.
14. BINDING EFFECT
This Agreement and Plan binds and is to the benefit of the
respective heirs, successors and assigns of the Owner.
15. EFFECT ON LIVING UNIT EOUIVALENTS,AND OTHER INFRASTRUCTURE
The zoning of the Property as a PUD does not guarantee water
and wastewater plant capacity or any rights to Living Unit
Equivalents, as defined by the Code of Ordinances of the City
of Round Rock.
CITY OF ROUND ROCK
By
C arias Culp
Mayor
Date: attja,to?))qq49
BILLY C.}DAVIS
r
IRIS J. DAVI,S
6.
EXHIBIT "Cla'
FIELD NOTES
FOR
TRACT ONE - 16.841 ACRE TRACT
Page 1 of 3
ALL OF THAT CERTAIN TRACT OR PARCEL OF LAND OUT OF THE P.A.
HOLDER SURVEY ABSTRACT NO. 297 IN WILLIAMSON COUNTY, TEXAS,
BEING THAT SAME TRACT OF LAND DESCRIBED,AS A 16.843 ACRE TRACT
AS CONVEYED TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION BY DEED
RECORDED IN VOLUME 1524, PAGE 581 OF THE DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS, SAID TRACT BEING MORE PARTICUARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at an iron pipe found at the Northeast corner of the
said 16.843 acre tract, being at the Northwest corner of that
certain 5.84 acre tract of land as conveyed to Erwin Meiske by
deed recorded in Volume 589, Page 291 of the Deed Records of
Williamson County, Texas, being in the South r.o.w. line of U.S.
Hwy No. 79 for the Northeast corner hereof;
THENCE along the East line of the said 16.843 acre tract, being
the West line of the said 5.84 acre tract, as fenced and used
upon the ground, S 00° 30' 38" E for a distance of 545.52 feet
to an iron pin found at the. Northeast corner of that certain
0.997 acre tract of land as conveyed to First Federal Savings &
Loan Association by deed recorded in Volume 1524, Page 581 of
the Deed Records of Williamson County, Texas;
THENCE continuing along the East line of the said 16.843 acre
tract, being along the North, the West and the South lines of
the said 0.997 acre tract, for the following courses:
S 89° 29' 30" W for a distance of 216.85 feet to an iron
pin found
S 20° 23' W for a distance of 156.92 feet to an iron pin
found
S 79° 00' E for a distance of 272.55 feet to an iron pin
found in the West line of the said 5.84 acre tract, being
at the Southeast corner of the said 0.997 acre tract;
THENCE contin ing along the East line of the said 16.843 acre
tract, being Ithe West line of the said 5.84 acre tract, as
fenced and used upon the ground, S 16° 32' W at a distance of
414.7 feet passing the end of a fence and continuing for a total
distance of 474.90 feet to a point in the approximate centerline
of Brushy Creek, being at the Southeast corner of the said
16.843 acre tract, for the Southeast corner hereof;
THENCE along the South line of the said 16
along the approximate centerline of Brushy
for a distance of 241.50'feet to an angle
for a distance of 479.80 feet to a point,
corner of the said 16.843 acre tract, for
hereof;
843 acre tract, being
Creek, N 80 19' W
point and N 64° 56' W
being the Southwest
the Southwest corner
THENCE along the West line of the said 16.843 acre tract,
N 09° 16' 30" E at a distance of 29.16 feet passing a 60-d nail
found in a 48" tree and continuing for a total distance of
625.30 feet to an iron pin found;
EXHIBIT °C-+,.
FIELD NOTES
FOR
16.841 ACRE TRACT - Page Two
Page 2 of 3
THENCE continuing along the West line of the said 16.843 acre
tract, N 06° 09' 20" W for a distance of 237.27 feet to an iron
pin found at the Northwest corner of the said 16.843 acre tract,
being at the Northeast corner of that certain 7.85 acre tract of
land as conveyed to Billy Davis by deed recorded in Volume 523,
Page 88 of the Deed Records of Williamson County, Texas, being
in the South r.o.w. line of U.S. Hwy No. 79, for the Northwest
corner hereof;
THENCE along the North line of the said 16.843 acre tract, being
the South r.o.w. line of U.S. Hwy No. 79, N 81° 50' E for a
distance of 739.07 feet to the PLACE OF BEGINNING and containing
16.841 acres of land, more or less.
AS SURVEYED BY:
W. HARVEY SMITH SURVEYOR,
a ,/
ROY11. MITH
REGISTERED PROFESSIONAL SURV
December 6, 1991
INC
,j• �syrFR f ��
t( ROY D. SMITH
Survey Updated: June 23, 1993
4094
X90 S•U .v'�=
Job No. 36437-56
EXHIBIT "C -1n Page 3 of 3
FIELD NOTES
FOR
TRACT TWO - 0.997 ACRE
ALL OF THAT CERTAIN TRACT OR PARCEL OF LAND OUT OF THE P.A.
HOLDER SURVEY ABSTRACT NO. 297 IN WILLIAMSON COUNTY, TEXAS,
BEING THAT SAME TRACT OF LAND DESCRIBED AS A 0.997 ACRE TRACT AS
CONVEYED TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION BY DEED
RECORDED IN VOLUME 1524, PAGE 581 OF THE DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS, THE HEREIN DESCRIBED TRACT BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING FOR REFERENCE at an iron pipe found in the South
r.o.w. line of U.S. Hwy No. 79, being at the Northeast corner of
'that certain 16.843 acre tract of land as conveyed to First
Federal Savings and Loan Association by deed recorded in Volume
1524, Page 581 of the Deed Records of Willamson County, Texas,
being at the Northwest corner of that certain 5.84 acre tract of
land as conveyed to Erwin Meiske by deed recorded in Volume 589,
Page 291 of the Deed Records of Williamson County, Texas;
THENCE along the East line of the said 16.843 acre tract, being
the West line of the said 5.84 acre tract, as fenced and used
upon the ground, S 00° 30' 38" E for a distance of 545.52 feet
to an iron pin found at the Northeast corner of the said 0.997
acre tract, for the Northeast corner and PLACE OF BEGINNING
hereof;
THENCE along the East line of the said 0.997 acre tract, being
the West line of the said 5.84 acre tract, as fenced and used
upon the ground, S 00° 30' E for a distance of 182.34 feet to an
iron pin found at an angle point and S 16° 32' W for a distance
of 19.50 feet to an iron pin found at the Southeast corner of
the said 0.997 acre tract, for the Southeast corner hereof;
THENCE along the South line of the.said 0.997 acre tract,
N 79° 00' W for a distance of 272.55 feet to an iron pin found
for the Southwest corner hereof;
THENCE along the West line of the said 0.997 acre tract,
N 20° 23' E for a distance of 156.92 feet to an iron pin found
for the Northwgst corner hereof;
THENCE along the North line of the said 0.99T acre tract,
N 89° 29' 30" E for a distance of 216.85 feet to the PLACE OF
BEGINNING and containing 0.997 acre of land, more or less.
AS SURVEYED BY:
W. HARVEY S1ITH SURVEYOR, INC.
itq
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OY
REGI'TERED PROFESSIONAL SURV Y $,.AC 7.4
December 6, 1991 pi, e!s f"�o,N..„
i0,,e
E( ROY D. SMITH
Survey Updated: June 23, 1993 \ . 4. S aP •2 /
fJi 3C
Job No. 36437-56
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Location Map
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Exhibit to Accompany
Zoning Application
17.84 Acres out of the P.A. -
Holder Survey, Abstract No. 297
in Williamson County, Texas
March 20, 1996
Fisher Haiood, Inc.
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Exhibit "C-2."
DESCRIPTIO` FOR BILLY C. DAMS
BEING 8.46 acres of the P.A. Holder Survey, Abstract No. 297,
in Williamson Councy, Texas, the same tract de -scribed as being
7.35 acres in a deed to Billy C. Davis, et. ux., of record
in Vol. 523, Page 88, Deed Records of Williamson County, Texas.
Surveyed on the ground in August of 1980, under the direction
of Wm. F. Forest-, jr., Registered Public Surveyor No. 1847.
BEGINNING at an iron Bin found in the Souch line of U.S. 79
ac the Northeast corner of the said 7.85 acre tract and ac
the Northwest corner of a 17.84 acre tract owned by Ervin A.
1aatz. Said 17.84 acres bring the remainder of a 30 acre
tract described in Vol. 434, Page 617, D/R.
THENCE S 06'11' E 237.38 feet with a fence, an iron pin
found, and S 09°16' W for 596.7 feet follow a fence, continuing
in all 625.3 feet to the center of Brushy Creek.
THENCE upstream with the center of Brushy Creek, N 67°53'40" W
'352.09 feet.
THENCE N 00°12'30" E at 220.0 feet join and follow a fence,
continuing in all 445.07 feet to an iron pin found at a fence
corner.
THENCE N 75°13'10" W at 382.51 feet pass a nail set in a 36 inch
Liveoak, continuing in all 456.18 feet t -o the upper: Southwest
corner of the 7.85 acre tract. (The East 382.51 feet of this
line is fenced.)
THENCE N 09°40'10" E .it 16,1S F. -et pa:::: an Iron pin found
and join and follow a fencv, continuing in all 113.66 feet
to an iron pin found. Thi' point is in the South line of U.S. 79.
THENCE 64.35 feet with the arc of a curve having a radius
of 2950.87 feet, the chord bears N 88°05'20" F. 643.07 feet
to a concrete R.O.W. mar'rc•r at rhe end of the curve.
THENCE N 81°50' E 180.tiS feet with the South R.O.W. line
of U.S. 79, to the POINT OF BEGINNING.
STATE OF TEXAS
X
COUNTY OF WILLIAMSON
KNOW ALL MEN BY THESE PRESENTS:
I, W.F. FOREST, do hereby certify that the above described
tract was surveyed on the ground under my supervision and
chat the above description is true and correct to the best
of my knowledge and belief.
TO CERTIFY WHICH, WITNESS my hand and seal at Georgetown,
Texas, this the 2Sch day of August, 1980, A.D.
l�
W.F. FOREST
REGISTERED PUBLIC SIIRVF.I�OR NO. 101
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RECORDERS MEMORANDUM
All or parts of the text on this page was not
clearly legible for satisfactory recordation.
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EXHIBIT "C-4"
DEVELOPMENT STANDARDS
MULTI -FAMILY RESIDENTIAL
1. PERMITTED USE: Apartments and Condominiums.
2. DENSITY AND HEIGHT:
2.1 Three Hundred and Fifty -Six (356) units for the
entire 26.3 acres.
2.2 Allow use of 2 and 3 story building design (3 story
structure with 2 story height at each end of
building) along Hwy. 79 (see sketch attached hereto
as Exhibit "C-4.1"). Restrict use of full 3 story
buildings to areas outside a 200' setback from the
highway.
3. ACCESS: Two entrances, pending approval by the Texas
Department of Transportation, shall be permitted to the PUD
from Palm Valley Boulevard. One primary entrance shall be
located directly across from FM 1460 and shall be designed
to function with the existing stop light. The secondary
entrance shall be for ingress only. This ingress -only
entrance may be altered to allow both ingress and egress if
supported by a traffic engineering study and if approved by
the Department of Planning and Community Development, the
Department of Public Works and the Texas Department of
Transportation.
4. PARKING REQUIREMENTS: Parking shall be provided as follows:
4.1 Efficiency units - 1.5 spaces.
4.2 One bedroom units - 1.5 spaces.
4.3 One bedroom/den units - 1.75 spaces.
4.4 Two bedroom units - 2.0 spaces.
4.5 Three bedroom units - 2.5 spaces.
4.6 Additional guest spaces shall be provided in a
number equal to three percent of the number of
C:\TEXT\SEFODS\?CCK:NGH.EXE/cdc
parking spaces required for the total number of units.
4.7 All parking spaces shall be a minimum of nine feet
(9') wide.
4.8 No recreational vehicles, boats or trailers shall
be allowed to be parked in any street yard.
5. LANDSCAPING & BUFFERING:
5.1 Trees: All trees over 20 inches in diameter shall
be accounted for in the site plan presented to the
Development Review Board the "DRB". The DRB shall
insure that as many of these trees as possible are
preserved.
5.2 Maintenance: All landscaping shall be maintained
and irrigated by the property owner or a property
owners association which has been approved by the
City Attorney.
5.3 Site Plan: The site plan presented to the DRB shall
provide adequate screening of all parking
facilities from all public streets. Such screening
shall consist of trees (minimum three inch
caliper), shrubs and/or earthen landscaped berms.
6. FENCING:
A11 perimeter fences shall be constructed as part of a
comprehensively designed fence. Fencing materials shall be
woodcrete, rust resistant iron, masonry, or masonry posts
with wood fence. Fence supports shall be masonry or rust
resistant steel or iron. All fencing shall be constructed
so that a finished surface faces out. Fence construction
plans shall be approved by the Director of Planning prior
to construction to ensure stability, durability and
aesthetics.
7. SIGNS:
7.1
7.2
All signs shall be masonry monument signs.
Signs shall not exceed six feet in height.
7.3 Signs shall not restrict visibility for traffic
entering or leaving the site.
7.4 One sign shall be permitted at each entrance to the
site. The maximum area of each sign, defined as the
area contained within a polygon containing the
actual lettering and any logo, shall be fifty
square feet per side. Portions of the masonry
structure on which the sign is located is not
counted as part of this fifty feet provided it is
not contained within the polygon. Double sided
signage is permitted.
7.5 Directional signs solely for the purpose of
directing traffic or identifying buildings and
facilities shall be permitted provided they are
restricted to a size required for their function as
determined by the Director of Planning.
8. DEVELOPMENT REVIEW BOARD (DRB): A site plan shall be
approved by the City DRB prior to the issuance of a
building permit. The DRB shall review the site plan for
compliance with the provisions of this agreement and other
Code requirements.
T
Exhibit C - 4.1
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END
S1VE %wage§
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MO tat INS d0010n,4,
',itiCORDED IP Ofl1Gotri itallauga.
VilliaMS011 T
clam Cr14,4481
coutin CLEO
WILLUSSON COW%
Doctt 9640650
Pages: 31
Date : 08-05-199E,
Time : 041718 P.M.
Filed & Recorded in
Official Records
of WILLIAMSON County, TX.
ELAINE BIZZELL
COUNTY CLERK
Rec. $ 69.00
g,tat_u_ /Law/A, to:
CITY OF ROUND ROOK
ADMINISTRATION
221 EAST MAIN STREET
ROUND ROCK, TEXAS 78664