Z-97-02-13-9F - 2/13/1997STATE OF TEXAS
COUNTY OF WILLIA.MSON
CITY OF ROUND ROCK
*
*
DOC# 9711659
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 agreement entered into
by the City Council of the City of Round �R1ock , Texas, at a
Q r
meeting held on the J " day ofd �ivlt.�t.Q.�L , 19 7 /
which isrecorded in the minutes of the City of Round Rock in
5j 0 page (s) 51-58.
book
CERTIFIED by my hand and
Texas on this 1 1 day of
seal
of the City of Round
, 19
Rock,
JNNE LAND
A sistant City Manager/
City Secretary
OFFICIAL RECORDS
WILLIAMSON COUNTY, TEXAi
ORDINANCE NO. 1" Q'7" O- / 3- q r
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF
THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION
11.305(2), CODE OF ORDINANCES (1995 EDITION), CITY OF
ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART
OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE
35.1820 ACRES OF LAND SITUATED IN THE ASA THOMAS
SURVEY, ABSTRACT NO. 609, ROUND ROCK, WILLIAMSON
COUNTY, TEXAS FROM DISTRICT MF (MULTIFAMILY) AND
DISTRICT C-1 (GENERAL COMMERCIAL) TO PLANNED UNIT
DEVELOPMENT (PUD) NO. 31.
WHEREAS, an application has been made to the City Council of
the City of Round Rock, Texas to amend the Official Zoning Map to
rezone the property described in Exhibit "A", pages (1-4), attached
hereto and incorporated herein, from MF (Multifamily) and C-1
(General Commercial to Planned Unit Development (PUD) No. 31, 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 22nd day of January,
1997, following lawful publication of the notice of said public
hearing, and
WHEREAS, after considering the public testimony received at
such hearing, the Planning and Zoning Commission has recommended
that the Official Zoning Map be amended so that the zoning
classification of the property described in Exhibit "A" be changed
to Planned Unit Development (PUD) No. 31, and
K_\WPDOCS\ORDINANC\OR70213F.WPD/scg
WHEREAS, on the 13th day of February, 1997, after proper
notification, the City Council held a public hearing on the
requested amendment, and
WHEREAS, the City Council has determined that substantial
changes in conditions have occurred which justify the zoning
classification change provided for herein, and
WHEREAS, 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 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 property
described in Exhibit "A", pages (1-4) is hereby changed from MF
(Multifamily) and C-1 (General Commercial) to Planned Unit
Development (PUD) No. 31.
2.
II.
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 13' day
of --���i;,t� t �tt���i•�. 1997.
Alternative 2.
READ and APPROVED on first reading this the day of
, 1997.
READ, APPROVED and ADOPTED on second reading this the
day of , 1997.
ATTEST:
E LAND, City Secretary
3.
CHARLES 1 PPER, Mayor
City of Round Rock, Texas
AGREEMENT AND DEVELOPMENT PLAN FOR eRTL yN egC11 per • •-7 1
THE STATE OF TEXAS
COUNTY OF WILLIAlMSON
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 Catlyn Round
Rock, Ltd., a Texas Limited partnership, (hereinafter referred to as the "Owner").
WHEREAS, the Owner has submitted a request to the City to rezone approximately 35.308
acres of land as a Planned Unit Development ("PUD"), said acreage being more particularly
described by metes and bounds in Exhibit "A" attached hereto and made a part hereof
( hereinafter referred to as the "Property"), 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 setting forth, the
development conditions and requirements within the PUD, which Development Plan is
contained in Section II of this Agreement; and
WHEREAS, on JAutifi'y.1a,1947 ,the City's Planning and Zoning Commission
recommended approval of the Owner's application for a PliD.
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 WITH DEVELOPMENT PLAN
Alt uses and development within the property shall generally conform to the
Development Plan set forth in Section II herein.
U:ITEXTLSEPUDsi u2PUO.1/edc
2. CHANGES AND MODIFICATIONS
No changes or modifications will be made to this Agreement or the Development
Plan unless all provisions pertaining to changes or modifications as stated in Section
II.15 below are followed.
3. ZONING VIOLATION
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, (1990 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 Iienholder consent is
attached hereto and incorporated herein as Exhibit "B".
5. MISCELLANEOUS PROVISIONS
5.1 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.
5.2 Severability.
In case 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 provisions hereof and in such event, this agreement
shall be construed as if such invalid, illegal or unenforceable provision had
never been contained herein.
5.3 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.
5.4 Applicable Law.
This Agreement shall be construed under and in accordance with the laws
of the State of Texas.
5.5 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.
5.6 No Third Party Beneficiaries.
Nothing in this Agreement, express or implied, is intended to confer upon
any person or entity, other than the parties hereto ( and their respective
successors and assigns ), any rights, benefits or remedies under or by reason
of this Agreement.
5.7 Duplicate Originals.
This Agreement may be executed in duplicate original, each of equal dignity.
5.8 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 CITY OF ROUND ROCK
Catlyn Round Rock, Ltd.
c/o CatIyn Capital Corp.
100 Crescent Court, Suite 250
Dallas, Texas 75201
City of Round Rock, Texas
221 East Main Street
Round Rock, Texas 78664
Attn.: Robert L. Trimble Attn.: Director of Planning
5.9 Effective Date.
This Agreement shall be effective from and after the date of due execution
hereof by all parties.
5.10 Appeals of Administrative Decisions.
Administrative decisions provided for in this Agreement may be appealed to
the City Council in writing within one year following receipt by the Owner
of the written confirmation of the decision.
5.11 Binding Effect.
This Agreement and the Development Plan binds and benefits the Owner and
its successors and assigns.
II.
DEVELOPMENT PLAN
1 DEFINITIONS
Words and terms used herein shall have their usual force and meaning, or as defined
in the Code of Ordinances (1995 Edition), City of Round Rock, Texas, hereinafter
referred to as "the Code".
2. PROPERTY
This Development Plan ("Plan") covers approximately 35.308 acres of land, located
within the city limits of Round Rock, Texas, and more particularly described by
metes and bounds in Exhibit "A", attached hereto.
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 as amended, 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 or 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 of the Code.
4.2 Other Ordinances
All other Ordinances within the Code shall apply to the Property, except as
clearly modified by this Plan.
PERMITTED USES
The Property shall be used and developed for multi family use in accordance with
the Development Standards set forth in Exhibit "C" attached hereto and incorporated
herein.
6. DEDICATION OF RIGHT OF WAY FOR STATE HIGHWAY 45
Within sixty days following the effective date of this Agreement, Owner shall
dedicate to the Texas Department of Transportation ("TxDoT"), the southern one
hundred and fifty (150') feet of the Property identified as ROW Land on Exhibit
"D", attached hereto and incorporated herein ( hereinafter referred to as the "ROW
Land" ). The dedication of the ROW Land shall be solely for the purpose of
constructing State Highway 45 and related facilities and infrastructure. In this
regard, the dedication document shall contain a reversionary clause to provide for
the reversion of the ROW Land to the Owner if, and at such time as, the Texas
Highway Department determines that the ROW Land is not needed for the
construction of State Highway 45.
The northern boundary of the ROW Land shall be considered street frontage for the
purpose of establishing building setbacks and street yards under this Development
Plan.
7. DENSITY TRANSFER:
Upon dedication of the ROW Land, Owner shall be granted a density transfer for
the apartment units which could have been constructed on the dedicated ROW Land.
The density transfer results in a maximum of 704 units on the balance of the
Property, after dedication of the ROW Land.
8. PARKLAND
City parkland dedication requirements shall be waived in exchange for the
construction of private on- site amenities described in Exhibit "C".
9. HIKE & BIKE TRAIL
Owner shall have the option to construct a hike and bike trail in lieu of sidewalk
construction along Louis Henna Blvd. If this option is chosen, the Owner shall
construct a six foot ( 6' ) wide hike and bike trail within the area of the Property
which lies immediately north of the ROW Land. This trail shall be constructed of
crushed granite or concrete, at the Owner's option. The trail shall include
landscaping as outlined in the landscaping section of Exhibit "C". The trail shall be
constructed in sections as part of each phase of development of the Property and
shall be designed to connect into any similar trail system located on the southern
portion of the tracts immediately adjacent to the Property on both the east and west
borders.
Prior to the completion of a connecting trail system on the southern portion of the
adjacent tracts to the east and west of the Property, the Owner shall be required to
construct only the portion of the trail system within the phase of the Property being
developed. Within 180 days of Owner's receipt of written notice from the City that
the connecting trail system on the southern part of an adjacent tract has been
constructed, the Owner shall complete the trail to provide a connection to the
completed trail system on the southern portion of the adjacent tracts.
At such time as 1) fifty (50%) or more of the land area within the Property is
developed, or 2) a sidewalk or trail system is completed on either side of the
Property, the Owner shall complete the construction of the entire trail system within
the Property.
10. PHASED DEVELOPMENT
The Property may be developed in phases.
11. BUILDINGS
Building size, dimension, height and setbacks shall be regulated by the Development
Standards set forth in Exhibit "C".
12. LANDSCAPING
Landscaping and buffering shall be regulated by the Development Standards set
forth in Exhibit "C".
In addition trees eight (8") inches or greater in diameter located along the drainage
area generally shown in Exhibit "E" shall be preserved or replaced with equivalent
trees. This drainage area shall be contoured and landscaped as an open surface
drainage way, unless an enclosed drainage system is required by the Director of
Public Works.
13. SIGNAGE
Signs shall be regulated by the Development Standards set forth in Exhibit "C".
14. ACCESS
Vehicular access to the Property from Louis Henna Blvd. within 200 feet of the
western boundary of the Property shall be aligned with Jazz Street where it
intersects the south right of way line of Louis Henna Blvd, unless otherwise dictated
by the State of Texas or other applicable govemmental agency. All other vehicular
access shall be as approved by the State of Texas or other applicable governmental
agency. Vehicular access from Louis Henna Blvd. to the property shall be limited
to three (3) locations.
15. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN
15.1 Minor Changes
Minor changes to this Agreement or Plan which do not substantially change
this Plan may be approved administratively if approved in writing by the
Director of Public Works, the Director of Planning and Community
Development, and the City Attorney.
15.2 Major Changes
Major changes shall be resubmitted following the same procedure required
by the original PUD application.
15.3 Inclusion of Adjacent Land into the PUD
In the event that the adjacent five acre tract, shown as Parcel "A" in Exhibit
"E", is acquired by the Owner, it may be included as part of this PUD
following the procedures set forth in Section 15.2 above.
16 . GENERAL PLAN AMENDED
The Round Rock General Plan 1990 is hereby amended to reflect the provisions of
this Agreement and Development Plan.
CITY' ROUND ROCK, TEXAS CATLYN ROUND ROCK, LTD.
By:E.,f
Charles Culpepper, Mayor
Date: tit S
By: Catlyn Capital Corp.
It's general partner.
By: /4,404;a34cZZA-i
€. Mawr Moot 6,Fcr, Pres.
Robert L. Trimble, Exec. Vice Pres.
Date: .3- 6- 97
�/�!7tBIT nA“
FIELD NOTES FOR CATLYN ROUND ROCK, LTD.
Page 1 of 2
BEING 35.308 acres of land, situated in the Asa Thomas Survey, Abstract No. 609, in
Williamson County, Texas. Said land being a portion of that certain tract of land, called 22.50
acres, as described in a deed to Oscar J Grossman and wife, Edith Grossman, of record in
Volume 2173, Page 117. of the Official Records of Williamson
certain tract of land, called 18.94 acres, u conveyed to Bt W. Glenn 'Tom' also being by
deed as recorded in Volume I375. Page 321, of the Official * of W� amei Glenn. by
Texas. Surveyed on the ground in the month of NRecords Williamson County,
H. Hizze.tt, Registered Professional Land Surveyor, 1996, under the supervision of Don
follows; n+eyor, and being mote particularly &sai'bed as
BEGINNING at an iron pin found on the north line of County Road No. 170, being on the west
line of the above -referenced 22.50 acre Grossman tract, being the Northwest corner of that
certain tract of land, called 2.245 acre:, as conveyed to the County of Williamson by deed as
recorded in Volume 1629, Page 891, of the Official Records of Williamson
marldng the Southeast corner of that certain tract of � Texas,-
Computer Holdings, L.P., by deedu recordedin�' wed 41..t0 acres, as conveyed to Dell
Cornmsanas, 19606843, of the Official Records of
Som corner the said aid22.point0 acre N 5' 34' 30' E, 13.70 feet, more or Ins, from the
for the Southwest comer beteg
THENCE, along the said west line of the said 22.50 acre Grossman
the said 41.10 acre Dell Computer Holdin ��8 the east line of
pin found marking the Southwest �' �. ��' N S' 34' 30' E, 1,321.73 feet to an iron
e7rt)Ltd.f ,
certain taut of land, ailed 5.00 acres, as
conveyed to Round Rock County Road
of the Official Records of Williamson ' by deed as recorded in Volume 1002, Page 1,
hereof. Tom, for the most westerly Northwest cornet
TFiir�ICE, S 34' 23' 30' E, 588.73 feet to an iron pin found on the east Cine of the said 22.50 acre
Grossman tram being the west line of the above -referenced I8.94 ace Glenn ane, marking the
Southeast corner of the said 5.00 acre Round Rock County Road 170 Lad. tract, for an interior
corner hereof~
1 -1 - CE, N33'39'E,37 .74 fee: to an iron pin found an 1
land, called I87 a southerly line of that e�tain tract of
Cres, (Save & Except 70 acres) u conveyed to Doyle -Eckerson and wife,
Evelyn Flickcson, by deed as recorder' in Volume 526, Page 50, of the Deed Records of
Williamson County, Texas, for the Northwest corner of the said 18.94 ace Glenn trac, being the
Northeast corner of the said 5.00 ace Round Rock
County Northeast corner of the said 22.50 nae Grossmantract, for theR nad I r tract and the
hereat;Northwest cornet
THENCE, with a fence along the north line of the said 18.94 acre Genn tract, being a southerly
line of the said F'uckersan tract; S 36' 22' 30' E, 131.31 feet to a nail found, and S 86' 27' 30' E,
457.20 feet to an iron pin set at a fence corner
tract, being the Northeast corner of the said 18�ac an interior
or corner of the said 'Eckerson
hereof;
tray for the Northeast corner
THENCE. along the east line of the said 18.94 acre Glenn tract. with a fence S 2. 45' 30' W.
670.51 feet to an iron pin found at a fence comer massing the mast southerly Southwest comer of
the said Ffrckerson tract, being the Northwest carnet of that certain tract of land, called 11.30
acres, u conveyed to Bunny Neyens by deed as recorded in Vahan 817. Page 708. of the Deed
Records of Williamson County, Teas, being the most no
land, tailed 0.049 of assrte' corner of than eersin t=act of
.
Page 7l a ofthe Deed as conveyed to Bunny Neyens by deed u recorded in Volume 817,
Records of Williamson County, Texas, and leaving the said fence,
S 2' 20' W, 607.94 feet to an iron pin found on the said north fine of County Road No. 170,
marling the Southeast corner of the said 18.94 acre Gleams tri being the Southwest comer of
the said 0.049 of an acre Neyens tract, being the most easterly corner of that certain tract of land,
called 1.092 acres, as conveyed to The County of Williamson
lume
1629, Page 891, of the Official Records of Williamson County. by as, as deed the So ed in isomer
hereof. m7. Texas, for Southeast coma
Steger 6r lZizzell Engineering, Inc..
g
li
s O
f
g
THENCE, along the said north line of County Road No. 170, being the south line of the said
18.94 acre Glenn tract, and the northerly line of the said 1.092 acre County of Wlfiamson tract,
as follows; N sr 23' W, I21.63 feet to an iron pin set; N 76' 20' 30' W, 61.53 fent to an iron pin
set; S 84' 13' W, 74.06 feet to an set; S 63' 23' 30' W, 59.85 feet to an iron pin set;
S 54'.21' 30" W, 192.05 feet to an iron pin set; S 55' 5I' 30' W, 136.26 feet to an iron pin set for
the most westerly corner of the said 1.092 acre County of Williamson tract, being the most
easterly corner of the said 2.245 acre County of Williamson tract, and continuing along the north
fine of the said 2.245 acre County of Williamson, Texas tract, S 77' 13' W, at 119.23 feet, passing
an iron pin found marking the Southwest corner of the said 18.94 acre Glenn tram, being on the
east line of the said 22.50 acre Grossman tract, for a total distance of 183.99 feet, in all, to an iron
pin found at the beginning of a curve to the left, (Radius - 11,760.10 feet, Long Chord bears S
76' 21' W, 351.44 feet);
Thence, along the said curve for an art distance 0( 351.45 feet to an iron pin set;
Thence, S 75' 30' W, 208.11 feet to the Place of BEGINNING and containing 35.308
acres (1,538,130 square feet) offend.
STATE OF TEXAS
KNOW ALL MEN; BY THESE PRESENTS:
COUNTY OF WILLIAMSON
The 'an dersiied hammy certifies to Catiyn Round Rock, Ltd. and the City of Round Rock that a
smevey was made on the ground in Novcnber, 1996, ander my supervision and correctly shows,
on the basis of a field transit survey made in accordance with the current accuracy standards of
the Texas Surveyor's Association Standards and Specifications for a Category 1A, Condition 3
survey; (i) a fixed a determinable position and Iocation of the herein described land (iincluding the
position of the point of beginning) and the boundary lines and dimensions and area of the land
indicated hereon; ti the location of al improvernenu and the relation of all such improvements to
the property Curies of the. land; and to the Iocation and dimensions of all alleys, street, roads,
drive_ -ways or other cats on the curbs along any street upon which the land abuts, rights-of-way,
eases :enu and other matters of retard of which the undersigned hu 'knowledge or has been
advised sfecrng the land according to the Iegal description in such easements and other matters
(with irssurnem, book and page number indicated). The undersigned farthtt certifies that (a)
except u clearly shown and identified u such, there are no visible easements, riglas-of way,
drainage ditches, power Braes, set back and/or building fines, roadways, party walls or conflicts
which afea the subject property, (b) except as clearly shown and identified as such, there are no
vitaible encroachments on adjoining pro rises, streets or alleys by any of said buildings, structures,
or other improvements and, except as dearly shown and identified as such, there are no visible
encroachments on the subject property by buildings, structures or other improvements situated on
adjoining premises; (c) ingress to and egress from the subject property is provided by County
Road No. 170, the same being paved, a dedicated public right-of-way maintained by Williamson
County, (d) all required building set back lines on the subject property are located as shown
her con; and (e) the Survey reflects boundary fuses of the herein desatbed land which 'close' by
engin- g calculations.
Don K Biagi!
Registered Professional Land Surveyor, No. 2213
State ofTexu
1978 5. Austin Avenue
512-863-4521
S & B Project No. 18239
Revised: December 12, 1996
Page 2 of 2
File 1Et39fivcboc
/2//z/9G
Date
EXHIBIT "B"
Lienholders Consent
THERE ARE NO LIENHOLDERS OF RECORD
EXHIBIT "C"
DEVELOPMENT STANDARDS
MULTI -FAMILY RESIDENTIAL
1. PERMII 1-I ED USE
The permitted use shall be residential apartments and/or condominiums.
2. DENSITY
A maximum of 704 units shall be allowed on the balance of the Property after
dedication of ROW Land.
3. HEIGHT
3.1 No more than fifty percent (50%) of apartment buildings located within
100 feet of the northern right of way boundary of Louis Henna Boulevard,
or within 100 feet of the western boundary of the Property shall exceed
two stories in height. Exhibit "F", attached hereto, contains an illustration
of this height requirement. (Exhibit "F" serves as an example of the height
requirement only and should not be considered the final architectural
rendering of the actual buildings which will be constructed).
3.2 No buildings on the Property shall exceed three stories in height.
3.3 One story buildings are permitted anywhere on the Property.
4. DESIGN STANDARDS
4.1 All walls which exceed 75 feet in length shall include offsets.
4.2 One hundred percent (100%) of the exterior walls on all buildings shall
consist of Masonry. Masonry shall mean stone, brick, stucco, or
cementous base siding such as "Hardi Plank".
4.3 The minimum standard for roofing materials shall be 25 year laminated
architectural dimensional shingles.
U:ITEXTI,SEPU03111 $2EX D1.2/cde
4.4 All apartment buildings shall have pitched roofs, with a pitch of no less
than 3 / 12.
5. BUILDING SETBACKS:
5.1 Primary Building Setbacks:
5.1.1 Street Yard: Street Yard setbacks shall be 25 feet if no parking is
located in the Yard, or 50 feet if parking is located in the Yard.
5.1.2 All Other yards: The setbacks for all other Yards shall be 20 feet.
5.2 Carport Setbacks:
5.2.1 Street yard: Carports shall not be permitted within a Street Yard.
5.2.2 All Other Yards: The carport setbacks for all other Yards shall be
10 feet.
5.3 Phased Developments:
When development is phased on the Property and such phasing is designed
to be part of a single development, setback requirements will not apply
between development phases, unless access to any such development
phase is provided directly from a public street, in which case the
street yard setback shall apply to the frontage on such street.
6. LANDSCAPING:
6.1 Street Yards and Yard Abutting the Western Boundary of the PUD:
Landscaping shall be provided in the Street Yard and the Side Yard which
fronts the western boundary of the PUD as a buffer from the adjoining
tracts. Such buffering may be accomplished by providing landscaping or
a combination of landscaping and berming. Landscaping and berming shall
meet one of the two following criteria:
6.1.1 Landscaping: The method of calculating the number and size of
plant materials shall be based on planting or preserving one large
tree (3" or larger caliper), two small trees (1.5" or larger caliper),
and six shrubs (one gallon or larger) per every thirty (30) linear
feet of street frontage.
6.1.2 Berms and Landscaping: Berms shall be a minimum of three feet
high along its total length The berm shall be placed to blend into
the natural surroundings of the site. When landscaping is combined
with berms the method of calculating the number and size of plant
materials shall be based on planting or preserving one large tree (3"
or larger caliper, two small trees (1.5" or larger caliper) and six
shrubs (1 gallon or larger) per every forty (40) linear feet of street
frontage.
When parking is located in a Street Yard the parking area shall be
buffered by berms or landscaping at Owners option.
6.1.3 Site Plan: Although the requirements of 6.1.1 and 6.1.2 must be
met, plant materials may be concentrated at various locations to
permit the greatest design flexibility when approved as part of a
site plan by the City's Development Review Board.
7. FENCING
Fencing may be constructed in any yard and along any property line for the
purpose of screening or security. When fencing is constructed it shall meet the
following standards:
7.1 Street Yard: Fencing in street yards shall be constructed of wrought iron
or similar material, masonry or woodcrete. All posts shall be set in
concrete required to ensure a sturdy and durable fence. Street yard fence
materials shall wrap around and extend 50 feet along side property lines.
7.2 Other yards: Fencing in yards other than Street Yards shall be constructed
of wood, woodcrete, masonry or wrought iron. All fence posts shall be
either masonry or rust resistant wrought iron or steel set in concrete. The
finished side of all perimeter fencing shall face the outside of the
development.
7.3 Western Boundary Fence: Owner shall build a fence along the western
boundary of the PUD constructed of wood, woodcrete, masonry, or
wrought iron.
8. SITE PLAN REQUIRED
A site plan for each phase shall be submitted to the City's Development Review
Board to ensure compliance with the terms of this Agreement prior to the issuance
of a building permit for that phase.
9. SIGNS
9.1 All Freestanding Signs shall be Monument Signs, as defined by the Code.
9.2 One sign shall be permitted at each entrance to the Property. The
maximumarea of each sign, defined as the area contained within a polygon
containing the actual lettering and any logo, shall be one hundred square
feet.Portions of the structure on which the sign is located, which are not
contained within the polygon, are not counted as part of this one hundred
feet.
9.3 Internal directional signs, facility identification signs, building
identification signs, and regulatory signs are not restricted.
10. VEHICLES IN STREET YARD
No recreational vehicles, boats, trailers, or commercial trucks shall be permitted
to be parked in any Street Yard.
11. AMENITY PACKAGE
Private recreation amenities shall be provided on the Property, in lieu of parkland
dedication.
The Owner shall provide swimming pools and clubhouse facilities in accordance
with the following minimum standards:
Swimming Pools:
6 square feet of water surface per dwelling unit
Clubhouse Facilities: 5 square feet of floor area per dwelling unit
It is understood that there may be multiple swimming pools and clubhouse
facilities depending upon the number of dwelling units.
Additionally, the Owner shall provide, at his option, one of the following
recreational amenities in accordance with the following minimum standards in
each development phase:
Exercise Facilities:
Putting Greens:
Sports Courts:
Tennis Courts:
1 square foot per dwelling unit
1.6 square feet per dwelling unit, with a minimum
of 400 square feet
4 square feet per dwelling unit, with a minimum of
1200 square feet
24 square feet per dwelling unit, with a minimum of
7200 square feet
12. PARKING STANDARDS
Parking shall be provided as follows:
12.1 Efficiency units shall be allowed 1.0 space per unit.
12.2 One bedroom units shall be allowed 1.5 spaces per unit.
12.3 Two bedroom units shall be allowed 2.0 spaces per unit.
12.4 Three bedroom units shall be allowed 3.0 spaces per unit.
12.5 Additional guest parking spaces shall also be provided in a number equal
to five percent (5%) of the number of parking spaces required for the total
number of units.
12.5 All parking spaces shall be a minimum of nine feet (9') wide.
PTELD NOTES FOR PROPOSED RIGHT-OF-WAY Page 1 of 2
BEING 3.356 acres of hind, situated in the Au Thomas Survey, Abstract No. 609, in Williamson
County. Texas. Said land being a portion of that certain tract of land, called 22.50 suet, u
described in a deed to Oscar L Grossman and wife, Edith Grossman, of record in Volume 2173,
Page 117, of the Official Records of Williamson County, Texas, and a portion of that certain tract
of land, called 18.94 acres, u conveyed to Billy W. Glenn and wife, Janet Glom, by deed u
recorded in Volume 1375, Page 321, of the Official Records of Williamson County, Texas.
Surveyed on the ground in the month of November, 1996, under the supervision of Don IL
Biaeil, Registered Professional Land Surveyor, and being more particularly described u follows;
BEGINNING at an 'iron pin found on the north fine of County Read No. 170, marling the
Southeast corner of the said 18.94 acre Glenn tract, being the Southwest corner of that certain
tract of land, called 0.049 of an acre, u conveyed to Bunny Neyens by deed as recorded is
Volume 817, Page 710, of the Deed Records of Munson County, Texas, being the most
easterly corner of that certiin tract of land, ailed I.092 acres, u conveyed to The County of
Williamson by deed u recorded in Volume I629, Page 891, of the Official Records of Williamson
County, Texas, for the Southeast corner hereof;
THENCE, along the said north fine of County Road No. 170, being the north fine of the said
1.092 acre County of Wifiiamson tract, being the south line of the said 18.94 acre Glean tract, u
follows; N 58' 23' W, 121.63 feet to an iron pin set; 1476' 20' 30' W, 61.53 feet to an iron pin
set; S 84' 13' W, 74.06 feet to an se; S 63' 23' 30' W. 59.85 feet to an iron pin set;
S 54' 21' 30" W, 192.05 feet to an iron pin set; S 55' 51' 30' W, 136.26 feet to an iron pin set for
the most easterly corner of that ceuin tract of land, called 2.245 acres, u conveyed to The
County of Wilffsrnson by deed u recorded in Volume 1629, Page 391, of the Official Records of
Williamson County, Texas, being the most westerly comer of the said 1.092 acre County of
Williamson tract, and continuing along the north One of the said 2.245 acre County of Waftamson
trent, S 77' 13' W, at 119.23 feet pus an iron pin found marking the Southwest corner of the said
18.94 acre Glenn tract, being on the east line of the above -referenced 22.50 acre Grossman tract,
for a total distance of 18199 feet, in all, to an iron pin found at the beginning of a curve to the
left, (Radius 11,760.10 feet, Long Chord bears S 76'21' W, 351.44 feet);
Thence, along the said curve for an arc distance of 351.45 feet to an iron pin set;
Thence, S 75' 30' W, 208.11 feet to an iron pin found on the west line of the said 22.50
sore Grossman tract, bang the Northwest corner of the said 2.245 acre County of Williamson
tract, tnaricng the Southeast corner of that certain tract of land, called 41.10 acres, as conveyed
to Dell Computer Holdings, I_P., by deed u recorded in Document #9606843, of the Official
Records of Wllliamson County, Texas, said point being N 5' 34' 30' E, 83.70 feet, more or
las, from the Southwest corner of the uid 22.50 acre tract, for the Southwest canner hereof.
THENCE, along the uid west line of the said 22.50 acre Grossman tract, being the east line of
the said 41.10 acre Dell Computer Holdings, L.P. tract, N5'34'30' E, 150.00 feet to a point, for
the Northwest corner hereof;
THE CE, N 75' 52' E, at 625.42 feet pass the east line of the said 22.50 acre Grossman tract,
being the west line of the said 18.94 acre Glenn tract, for a total distance of 1,313.14 feet, in all,
to a point on the east line of the said 18.94 acre Glenn tract, being the west line of the said 0.049
of an sae Nevem tract, for the Northwest corner hereof;
THENCE. S 2' 20' W, 150.00 feet to the Place of BEGINNING and containing 3.356 acres
(146,190 Square Feet) of Land, of which 2.022 acres (88,080 Square Fat) of land are situated in
Steger & 13lzzell L•ngi11eering, inc.
Ka la.mrs
P. 0. Us sat
i..rt.tow* , Toast 7101
•
the said 22.50 acre Grossman tract and 1.334 acres (58,110 Square Feet) of land are situated in
the said 18.94 acre Glenn tract.
STATE OF TEXAS (
COUNTY OF WII.LtAMSON i KNOW ALL MEN BY THESE PRESENTS:
The undersigned hereby certifies to Catiyn Round Rock, Ltd. and the City of Round Rock that a
survey was made on the ground in November, 1996, under my supervision and correctly shows,
on the basis of a field transit survey made in secordsrtoe with the currant icy standards of
the Texas Surveyor's Association Standards and Specifications for a Category IA, Condition 3
survey; () a fixed a determinable position and location of the herein described land (including the
position of the point of beginning) and the boundary fines and dimensions and area of the sand
indicated hereon; (a') the location of all improvements and the relation of ail such improvements to
the property lines of the land; and (m) the location and dtmemions of all alleys, street, roads,
drive -ways or other eats on the curbs along any street upon which the land abuts, rights-of-way,
easements and other matters of record of witich the tmdersigned has knowledge or hu been
advised affecting the land accordsng to the legal description in such enemata and outer matters
(with instrument, book and page number indicated). The undersigned Anther certifies that a
drainageclearlyexcept u shown and identified u sada, there are no visilde easements, rights-of-way,( )
es, power lines, set back andlor building lines, roadways, party wells or confli
which affect the subject property, (b) «ceps as chatty shown and identified u such, there are no
yr o isible encroacivaents on adjoining premises, streets or alleys by any of said buildings, structures,
oimprovements and, except u dearly shown and identified as such, there are no visible
encroachments on the subject property by building, structures or other'
adjoining premises; (c) ingress to and egress from the improvements providedomenby
Countyd y
Road No. 170, the same being�� �°� is by
paved, a dedicated public right-of-way maintained by Williamson
County, (d) all required building set back ants on the subject property are located as shown
hereon; and (e) the Survey reflects boundary lines of the herein described land which "dose by
engineer' calculations.
j Lig 22/
Don 1-1284:aetl
Registered Professional Land Surveyor, No. 2218
State of Texas
I978 S. Austin Avenue
512-863-4521
S & B Project No. 18239
Revised: De=ernber 12, 1996
Page 2of2
Fife 12,:39rox.dce
• Date
Steger 6c 13izzell Engineering, Inc.
P. O. ti.r-e
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THIS IS AN EXAMPLE ONLY
RECORDERS MEMORANDUM
All or parts of the text on this page was not
glaariy legible for satisfactory recordation.
Doc# 9711659
if Panes: 24
Date : 03-20-1997
Time : 0830:41 A.M..
Filed & Recorded in
Official Records
of WILLIAMSON County, TX..
ELAINE BIZ
COUNTY CLERK
Rec. $ 55.00
Ng CM OF MIMI
COUNT' OFWILIJANNON
TN; is to WIN MO *Moe No PLED az::
MOOED 1 Ile Obldi Mk Nicola of
'Mame Cra. ai Ile 1111 sia tem
alm1.10111111111
ee,424•6•0
COUNTY CLERk
INOLVAISON Mitir‘f 11K
PitztA,c,
le,f,tutiteu t -o :
CITY OF ROUND ROCK
ADMINISTRATION
221 EAST MAIN STREET
ROUND ROCK, TEXAS 78664
Attachment to 9.F..
RIGHT-OF-WAY DEED
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
DOC# 9717065
WHEREAS, Catlyn Round Rock, Ltd., a Texas limited partnership ("Grantor"), is the owner
of the Property (herein so called) comprising Planned Unit Development No. 31 of the City of
Round Rock, Texas ("PUD No. 31") created pursuant to Ordinance No. Z -97-02-13-9F of the City
of Round Rock, Texas read, passed and adopted on the 13th day of February, 1997 (the "PUD No.
31 Ordinance"); and
WHEREAS, pursuant to the PUD No. 31 Ordinance and the Agreement and Development
Plan for PUD No. 31 Grantor is required to dedicate a portion of the Property for use as a right-of-
way for Texas State Highway 45 and related facilities and infrastructure.
NOW, THEREFORE, in satisfaction of that obligation, Grantor hereby grants, dedicates and
conveys to the City of Round Rock, Texas ("Grantee") that certain land situated in the Asa Thomas
Survey, Abstract No. 609, in Williamson County, Texas and more particularly described on Exhibit
"A" attached hereto and incorporated herein by reference for all purposes (the "Right -of -Way Land")
for use as a right-of-way for Texas State Highway 45 and related facilities and infrastructure, subject,
however, to the matters set forth on Exhibit "B" attached hereto and incorporated herein by reference
for all purposes.
To have and to hold the Right -of -Way Land to Grantee its successors and assigns and
Grantor binds itself and its successors and assigns to warrant and forever defend all and singular the
Right -of -Way Land to Grantee and Grantee's successors and assigns against every person
whomsoever lawfully claiming or to claim the same or any part thereof by, through or under Grantor
but not otherwise.
EXECUTED to be effective the 9th day of April, 1997.
CATLYN ROUND ROCK, LTD., a Texas
limited partnership
By: Catlyn Capital Corp., a Texas
corporation, General Partner
By: ,41..t5p<24,L.,
Robert L. Trimble
Executive Vice President
OFFICIAL. RECORDS
WILLIAMSON COUNTY, TEXAS
THE STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on the /69j day of April, 1997, by Robert
L. Trimble, the Executive Vice President of Catlyn Capital Corp., a Texas corporation, the General
Partner of Catlyn Round Rock, Ltd., a Texas limited partnership, on behalf of said partnership.
JOYCE PITKIN
Notary Public
State of Texas
Commission Expires 10-26-97
My commission expires:
2-
41/11,-
Nr..ry 'l blic in and for the State of Texas
Printed Name of Notary
EXHIBIT "A"
111..LD NOTES FOR PROPOSED RIGHT-OF-WAY
BEING 3.356 acres of land, situated in the Asa Thomas Survey, Abstract No. 609, in Williamson
County, Texas. Said land being a portion of that certain tract of land, called 22.50 acres, as
described in a deed to Oscar J. Grog'man and wife, Edith Grossman, of record in Volume 2173,
Page 117, of the Official Records of Williamson County, Texas, and a portion of that certain tract
of land, called 18.94 acres, as conveyed to Billy W. Glenn and wife, Janet Glenn, by deed as
recorded in Volume 1375, Page 321, of the Official Records of Williamson County, Texas.
Surveyed on the ground in the month of November, 1996, under the supervision of Don H.
Bizzell, Registered Professional Land Surveyor, and being more particularly described as follows;
BEGINNING at an iron pin found on the north line of County Road No. 170, marking the
Southeast corner of the said 18.94 acre Glenn tract, being the Southwest corner of that certain
tract of land, called 0.049 of an acre, as conveyed to Bunny Neyens by deed as recorded in
Volume 817, Page 710, of the Deed Records of Williamson County; Texas, being the most
easterly corner of that certain tract of land, called 1.092 acres, as conveyed to The County of
Williamson by deed as recorded in Volume 1629, Page 891, of the Official Records of Williamson
County, Texas, for the Southeast corner hereof;
THENCE, along the said north line of County Road No. 170, being the north line of the said
1.092 acre County of Williamson tract, being the south line of the said 18.94 acre Glenn tract, as
follows; N 58° 23' W, 121.63 feet to an iron pin set; N 76° 20' 30" W, 61.53 feet to an iron pin
set; S 84° 13' W, 74.06 feet to an set; S 63 23' 30" W, 59.85 feet to an iron pin set;
S 54° 21' 30" W, 192.05 feet to an iron pin set; S 55° 51' 30" W, 136.26 feet to an iron pin set for
the most easterly corner of that certain tract of land, called 2.245 acres, as conveyed to The
County of Williamson by deed as recorded in Volume 1629, Page 891, of the Official Records of
Williamson County, Texas, being the most westerly corner of the said 1.092 acre County of
Williamson tract, and continuing along the north line of the said 2.245 acre County of Williamson
tract, S 770 13' W, at 119.23 feet pass an iron pin found marking the Southwest corner of the said
18.94 acre Glenn tract, being on the east Iine of the above -referenced 22.50 acre Grossman tract,
for a total distance of 183.99 feet, in all, to an iron pin found at the beginning of a curve to the
left, (Radius = 11,760.10 feet, Long Chord bears S 76° 21' W, 351.44 feet);
Thence, along the said curve for an arc distance of 351.45 feet to an iron pin set;
Thence, S 75° 30' W, 208.11 feet to an iron pin found on the west line of the said 22.50
acre Grossman tract, being the Northwest" corner of the said 2.245 acre County of Williamson
tract, marking the Southeast corner of that certain tract of land, called -41.10 acres, as conveyed
to Dell Computer Holdings, L.P., by deed as recorded in Document #9606843, of the Official
Records of Williamson County, Texas, said point being N 5° 34' 30" E, 83.70 feet, more or
less, from the Southwest corner of the said 22.50 acre tract, for the Southwest corner hereof,
THENCE, along the said west line of the said 22.50 acre Grossman tract, being the east line of
the said 41.10 acre Dell Computer Hoidings, L.P. tract, N 5° 34' 30" E, 150.00 feet to a point, for
the Northwest corner hereof
THENCE, N 75° 52' E, at 625.42 feet pass the east line of the said 22.50 acre Grossman tract,
being the west line of the said 18.94 acre Glenn tract, for a total distance of 1,313.14 feet, in all,
to a point on the east line of the said 18.94 acre Glenn tract, being the west line of the said 0.049
of an acre Neyens tract, for the Northwest corner hereof,
TFNCE, S 2 20' W, 150,00.feet to the Place of BEGINNING and containing 3.356 acres
(146,190 Square Feet) of land, of which 2.022 acres (88,080 Square Feet) of land are situated in
the said 22.50 acre Grossman tract and 1.334 acres (58,110 Square Feet) of land are situated in
the said 18.94 acre Glenn tract..
PLEASE RETURN TO:
Charles Crossfield
Brown McCarroll Sheets and Crossfield, L.L.P.
309 East Main
Round Rock, TX 78664
Doc# 9717065
# Pages: 3
Date : 04-21-1997
Time : 02:0019 P.M.
Filed & Recorded in
Official Records
of WILLIAMSON County, TX.
ELAINE BIZZELL
COUNTY CLERK
Rec. $ 13.00
, dOvarrott vas FU70 mR)
PubUc Retort of
reva 01, 1.42 dato tud timo
COUNTY CLERK
Vel ANLIJANISON COUNTY. TEXP-2