R-06-03-23-14C1 - 3/23/2006RESOLUTION NO. R -06-03-23-14C1
WHEREAS, the City of Round Rock, ("City") has previously entered
into an Agreement Concerning Creation and Operation of The Meadows at
Chandler Creek Municipal Utility District ("Agreement") dated May 10,
1984 whereby the City consented to the creation of the District, and
WHEREAS, the Agreement provides that the City must approve any
changes to Land Use Designations within the District, and
WHEREAS, Quail Creek Cottages, Ltd., the owner of property within
the District has submitted a proposed amended Land Use Plan to the City
for its review and approval, and
WHEREAS, the City's Planning and Zoning Commission has reviewed
the Land Use Plan and has recommended its approval, and
WHEREAS, the City and Quail Creek Cottages, Ltd. desire to enter
into an Agreement and Development Plan for a 2.168 acre tract, in the
Meadows of Chandler Creek Municipal Utility District, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City an Agreement and Development Plan for a 2.168 acre
tract, in the Meadows of Chandler Creek Municipal Utility District, a
copy of same being attached hereto as Exhibit "A" and incorporated
herein for all purposes.
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
@PFDesktop\::ODMA/WORLDOX/O:/WDOX/RESOLUTI/R60323C1. WPD/vr
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended.
RESOLVED this 23rd day of March,
ATTEST:
2006.
LE ra!*ELL, Mayor
City of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secr
ary
2
AGREEMENT AND DEVELOPMENT PLAN
2.168 ACRE TRACT, MEADOWS AT CHANDLER CREEK
MUNICIPAL UTILITY DISTRICT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
§
§
THIS AGREEMENT AND DEVELOPMENT PLAN (collectively, the "Agreement") 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 Quail Creek Cottages, Ltd., having
their offices at 4514 Trent Street, Suite 224, Dallas, Texas 75205 (hereinafter referred
to as the "Owner").
WHEREAS, The Owner has submitted a request to the City to amend a Land Use Plan
previously approved in an Agreement concerning Creation and Operation of the
Meadows at Chandler Creek Municipal Utility District, dated May 10, 1984; and
WHEREAS, on February 15, 2006, the City's Planning and Zoning Commission
recommended approval of the Owner's request to amend said Plan;
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:
ARTICLE I.
GENERAL PROVISIONS
1. CONFORMITY WITH DEVELOPMENT PLAN
All uses and development within the Property shall conform to the Development
Plan set forth in Article II herein.
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 below
and in Article I. Section 6. are followed.
3. MISCELLANEOUS PROVISIONS
3.1 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
EXHIBIT
1 Il
or convenient to effectuate the purposes and intent of this Agreement.
3.2 Severability
In case one or more provisions contained in this Agreement are deemed
invalid, illegal or unenforceable in any respect such invalidity, illegality or
unenforceability shall not affect any other provisions of this Agreement and
in such event, this Agreement shall be construed as if such invalid, illegal
or unenforceable provision had never been contained in this Agreement.
3.3 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.
3.4 Applicable Law
This Agreement shall be construed under and in accordance with the laws
of the State of Texas.
3.5 Venue
All obligations of the parties created hereunder are performable in
Williamson County, Texas, and venue for any action shall be in Williamson
County.
3.6 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.
3.7 Duplicate Originals
This Agreement may be executed in duplicate original, each of equal
dignity.
3.8 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:
2.
OWNER
Quail Creek Cottages, Ltd.
4514 Travis St., Suite 224
Dallas, TX 75205
Attn: Nat Leakey
3.9 Effective Date
CITY OF ROUND ROCK
City of Round Rock, Texas
301 West Bagdad, Suite 210
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.
3.10 Binding Effect
This Agreement binds and benefits the Owner and its successors and
assigns.
ARTICLE 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, City of Round Rock, Texas, as amended,
hereinafter referred to as "the Code."
2. Property
The Development Plan ("Plan") covers the real property more particularly
described in Exhibit "A," attached hereto and incorporated herein as if fully set
forth (the "Property").
3. Purpose
The purpose of this Plan is to ensure a development that: (1) is equal to or
superior to development that would occur under the standard ordinance
requirements; and (2) 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 welfare.
4. Permitted Uses
The Property shall be used and developed for the following uses:
Local Commercial (C-2), as described in the Code, with a maximum height
of one (1) story; or
3.
Office (OF), as described in the Code; or
Senior (SR), as described in the Code.
5. PROHIBITED USES
The following uses are not permitted on the Property:
Amusement parks or carnivals
Automotive & machinery repair
Automotive & machinery services
Automotive & machinery washes
Automotive rental
Automotive sales
Billiard parlors & pool halls (as a primary use)
Boat sales
Bulk distribution centers
Camper sales
Campgrounds
Donation centers
Flea markets
Gasoline & fuel sales
Heavy equipment sales, rental & leasing
Industrial building sales
Kennels
Manufactured home sales
Mini warehouses
Pawn shops
Portable building sales
Recreational vehicle parks
Recycling centers
Sale of used goods (except antiques, estate sales and vintage clothing)
Self -storage
Sexually oriented businesses
Shooting ranges
Tattoo parlors
Truck service or repair
Truck stops
Trucking terminals
Video arcades (as a primary use)
Wholesale nurseries
Wireless Transmission Facility, Self -Standing
Wrecking yards
4.
6. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN
6.1 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 City Engineer, the Director of Planning and Community
Development, and the City Attorney.
6.2 Major Changes
Major changes shall be resubmitted following the same procedure required
by the original application.
CITY OF ROUND ROCK, TEXAS
By:
Date:
NYLE MAXWELL
City of Round Rock, Texas
OWNER:
QUAIL CREEK COTTAGES, LTD.
By: Quail Creek General,
its Geral Partn
5.
By:
Nat Leakey
Presid nt
Date: 17 /E
Exhibit "A"
The Property consists of 2.168 acres of land, which is the remainder of a 2.301 acre tract after
the taking of 0.133 acres for Right -of -Way, as more particularly described in the attached field
notes.
EXHIBIT A
Legal Description
Undeveloped Tract:
BEING 2.3012 acres of land out oldie P.A. Holder Survey, Abstract 297, in Williamson County, Texas, and being
all that certain tract of land described in a deed from Cameo Land, Ltd., to Centex Senior Services Corporation
recorded under County Clerk's Document No. 2000019379 in the Official Public Records of Williamson County,
Texas, and being more particularly described by metes and bounds as follows, to wit:
BEGINNING at an iron rod found at the northwest corner hereof in the curving easterly lint of Farm -Market
Highway No. 1460, said iron rod also being the southwest comer of Chandler Creek Section 8, a subdivision of
record filed in Cabinet "P", Slides 14-15, Plat Records of Williamson County;
THENCE S 81° 23' 00" E a distance of 327.00 feet with the southerly line of said subdivision to an iron rod found at
the northeast coiner hereof in the westerly line of that certain 198.101 acre tract of land described in a deed to
Lennar Homes of Texas Land & Construction, Ltd., recorded under Document No. 199983046 in the Official Public
Records of Williamson County;
THENCE 13° 23' 05" E a distance of 292.22 feet with the west line of said 198.101 acre tract to an iron rod found at
the southeast corner hereof; said iron rod also being the northeast corner of that certain 3.398 acre tract of land
described in a deed to Chandler Creek Invostments, Inc., recorded under County Clerk's Document No. 985944 in
the Official Public Records of Williamson County;
THENCE 81° 23' 00" W a distance of 408.63 feet with the north line of said 3.398 acre tract to an iron rod set at the
southwest corner hereof in the curving easterly line of said FM -1460, from which the northwest corner of The
Meadows of Chandler Creek Section 2, a subdivision of record filed in Cabinet "F", Slide 321, Plat Records of
Williamson Co., bears S 00° 02' 00" W a distance of 466.51 feet;
THENCE with the easterly line of said FM -1460 an arc distance of 272.47' with a curve to the right, said curve
having a central angle of 5° 25' 49", a radius of 2874.84' a chord distance of 272.36' and a chord bearing of N 2° 44'
55" E to the Place of Beginning, containing 2.3012 acres (100,241 square feet) of land.
EXHIBIT A
Property Description
County: Williamson
Parcel No.: 14
Highway: FM 1460
CSJ: 2211-02-014
Account No.: 8014-2-22
PROPERTY DESCRIPTION FOR PARCEL 14
DESCRIPTION OF A 0.133 ACRE TRACT OF LAND LOCATED 1N THE P. A. HOLDEN
SURVEY. ABSTRACT NO. 297, IN WILLIAMSON COUNTY, TEXAS, AND BEING A
PORTION OF A CALLED 2.301 ACRE TRACT OF LAND AS DESCRIBED M THAT DEED
TO CENTEX SENIOR SERVICES CORPORATION AS RECORDED IN DOCUMENT NO.
2000019379 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS;
SAID 0.133 ACRE TRACT, AS SHOWN ON THE ACCOMPANYING SKETCH, IS MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a calculated point 38.98 feet left of the proposed FM 1460 centerline station
404+84.42, for the southwest comer of said 2.301 Acre tract, same being on the existing east
right-of-way lint of FM 1460, same being the northwest comcr a called 3.398 Acre tract of land
as described in that deed to Chandler Creek Investments. LTD. as recorded in Document
No. 9859444 of the Official Public Records of Williamson County, Texas, from which a %" iron
rod found near the southwest comer of the said 2.301 Acre tract bears, a distance of 1.18 feet
with the arc of a curve to the right whose central angle is 00° 01' 26", with a radius of
2824.79 feet, with a chord which bears S 02° 16' 57" E a distance of 1.18 feet and
S 72° 28' 19" E a distance of 0.73 feet;
1. THENCE with the existing east right-of-way line of FM 1460, same being the wcst line of
said 2.301 Acre tract, a distance of 272.31 feet with an arc of a curve to the right whose
central angle is 05° 31' 24", with a radius of 2824.79 feet, with a chord which bears,
N 00° 29' 28" E for a distance of 272.21 feet to a calculated point for the northwest corner of
the said 2.301 Acre tract, same being the southwest comer of Chandler Creek Section 8, a
Subdivision as recorded in Cabinet P, Slides 14 - 15 of the Plat Records of Williamson
County, Texas;
2. THENCE in part with the existing east right-of-way line of FM 1460, the north line of said
2.301 Acre tract, and the south line of said Chandler Creek Section 8, S 83° 35' 06" E pass a
calculated point for the southwest comer of Lot I, Block A, of said Subdivision at a distance
of 10.02 feet, continuing for a total distance of 19.54 feet to a A" iron rod set with TxDOT
aluminum cap 60.00 feet left of the proposed FM 1460 centerline station 402+11.97, being
on the said proposed east right-of-way tine of FM 1460;
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3. THENCE through interior of said 2.301 Acre tract, with the said proposed cast right-of-way
line of FM 1460, a distance of 272.39 feet with an arc of a curve to the !eft whose central
angle is 02° 45' 10", with a radius of 566938 feet, with a chord which bears,
S 000 08' 27" W for a distance of 272.36 feet to a TxDOT Type II concrete monument set
60.00 feet left of the proposed FM 1460 centerline station 404+87.24, being on the south line
of the said 2.301 Acre tract, same being the north line of said 3.398 Acre tract;
4. THENCE with the south line of said 2.301 Acre tract, same being the north line of said
3.398 Acre tract, N 83° 38' 37" W fur a distance of 21.21 feet to the POINT OF
BEGINNING and containing 0.133 Acre of land more or less.
All bearings are based on the Texas State Plane Coordinate System, Central Zone, NAD 83.
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
KNOW ALL MEN BY THESE PRESENTS:
}
That I, Donald J. Kirby, a Registered Professional Land Surveyor, do hereby certify that
the above description is true and correct to the best of my knowledge and belief and that the
property described herein was determined by a survey made on the ground under my direction
and supervision.
WITNESS MY HAND AND SEAL, at Round Rock, Williamson County, Texas this the
30th day of October, 2001 A.D.
BAKER-AICKLEN & ASSOC., INC.
203 E. Main Street, Suite 201
Round Rock, Texas 78664
Donald J. Kirby
Registered Professional Land Survey
No. 2508 — State of Texas
W:1PROIECTS1TXDOTIFM t46011460•T9\000PARCEI.SV'•t4 CENTFX.,kc
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Deed.doc Page 4
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PROPOSED C/L
CURVE_DATA
011.44'110'
R • 5722.58'
L - 873.33'
c - 569.92'
CB. 7 02.04'19• W
PI • 401.57.32
EAST 'XI - 3140573.20
NORTH 17) • 10167933,53
•
CHANDLER ceecic 5 CTIOn n
CABINET P, SLICES 14-15, P.R.W.C.T.
N e313a'a6" w CALLED 1.392 AC.
9.52'
""----_____ SCALE: 1" • 50'
TATION: 402.11.97_ ``•-^ _
60.00' LEFT
cENTEx SENIOR SERVICES CORPORATION
DOC. NO. 2000019315, O.P.R_w.C.T.,
(03-24-2000)
CALLED 2.301 AG.
14
0.133 AC.
STATION: 404.87.24
60.00' LEFT EXISTING
______ PT Sta = 404.85.44
'
O CHANDLER CREEK INVESTMENTS, LTD.
Wy DOC. NO. 9859444, 0.P.R.W.C.T., (08-03-1998)
O
O TRACT 4 (CALLED 3.398 AC.)
'AOC S OP'4
fKErCM TO ACCOMPANY PIf&O NOT( OCfCatP n014
rBaker-Alcklen
A Associates, Mc
EngInNr3/S4ry yers
Rlarr•os•r4T sATTeM aworwo roor(arr Oi
CEN7'EX SENIOR SERVICE'S CORPORATION
" oar: Or stover
D. '00
PIICCL NO.
14
sCAI[:
1. >• 50'
,aodecr
P. K. HIGHWAY NO. 14110
BAST OF KoUND ROCK
ACCOUNT NA
4014-2-22
8.0.11 TAM: 9.173 AIRS
C. a.l NO.
2211-02-014.
aauMCY
14
COMNTT
WILLIAMSON
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DETAIL NO. 1
P.O.B.
PARCEL NO. 14
NORTHING: I0167605.9f
CASTING: 310626.56
404'84.4Z
38.98'LT
p • 00.01'26'
R • 2024.79'
L • I.18'
CB • S 02*(6'57' E
c = Lle'
�•�,,
02 -19•11
ti
NOTES:
I. BEARINGS ARE RASED ON GRID BEARINGS.
DISTANCES ARE SURFACE DISTANCES.
COORDINATES ARE BASED ON THE TEXAS STATE
PLANE COORDINATE SYSTEM, NAD 83, CENTRAL
ZONE. THE COMBINED SURFACE ADJUSTMENT
FACTOR IS 1.00012.
2.. THIS SURVEY WAS PERFORMED WITHOUT THE
BENEFIT OF A TITLE REPORT. THERE MAY BE
EASEMENTS OR OTHER INSTRUMENTS
PERTAINING TO THIS PROPERTY THAT ARE NOT
SHAWN HEREON.
3. ALL STATIONS AND OFFSETS SHOWN HEREON
ARE MEASURED RELATIVE TO THE PROPOSED
CENTERI.ENE OF F. M. HIGHWAY NO. 1460. ALL
OFFSETS ARE MEASURED AT RIGHT ANGLES TO
SAID CENTERLINE.
LEGEND
COTTON Dol SPIN04.0 r0:0.0
T*Pt 1 CONCRETE MOtPWENr PoUNo
1/2• 10011 ROP FIRM wu.tfi WITCO
1" AON PIPE FOUND uNLEfi NOTED
pA TYPE 11 00NCACTE MONUMENT SET
I/a• NON R00 *ET WITH TX00T
00AL4NNIWM EAP UlcCii NOTED
CALCULATED ►OPIT
R00 NAA. FOUND UNLESS NOTED
•
--1----- PROPERTY UNE
C/L CENTERLINE
0.0.11. RIONT-O/-MA*
1x001 TEXAS DEPANTMENT Of TRANSPORTATION
0P.R.V CT. OFFICIAL PUOLI : RECORDS Of
MILLIAMSON COUNTY. TEXAS
/JLM.C.T. ►LAT AECOR04 OF
MILUAMEON cOMNTT. TEXAi
D.RR.C.T. DEE0 RECORDS Of
MILLI COUNTY. TEXAS
EAI. ENO 0f PRO.JCCT
1.0.0. Pow? Of 1001100I8
P.O.C. POINT OF COMMENCING
rasa Of REFERENCE
PARCEL NUMBER FOR R.O.N. ACDIABTION
POWT OF OITERaECTION toll PROPOSED
CENTERLINE Of f.M. 1400
f HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND UNDER
AND TNA T THIS PLA r 11; TRUE ANO CORRECT TO THE BEST OF MY KNOWL
10/3'! D1
P -- Nom=
DONALD J. KIRBY. R.P.L,S. NCS. 2508
203 E MAIN ST., UITE 201
ROUND ROCK. TX 78664
IRtTCN 10 ACCOMPANr All NO re OLSCAMr10N
1'1
Baker-Alcklen
i Associate*. Inc.
Engln.Rrs/Surv.yors
DA rE
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RkI.LAWALLIFIEly
46 M250B Y`!¢ r
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ER VISION
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GENTEX SENIOR SERVICES C
PORATION
14110 4 or 4
+401Cl. N0.
14
OA re OF AOAvrr
AUX. '00 - DCC. 00
SCALE
= 50'
N 01007
F. M. HIGHWAY H0. 1460
CAST of ROUND gocK
I.D.V. TAIVMo: O.i.O ACRL •
•CCOUNI' N0.
8014-2-22
carver
14
2211-02-014
COUNfr
WILLIAMSON
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Deed.doc Page 6
DATE: March 16, 2006
SUBJECT: City Council Meeting - March 23, 2006
ITEM: 14.C.1. Consider a resolution amending the Land Use Plan for the Meadows of
Chandler Creek Municipal Utility District for 2.168 acres of land to a
designation of Local Commercial (with conditions), Office or Senior
Residential.
Department: Planning and Community Development Department
Staff Person: Jim Stendebach, Director
Justification:
The subject property is near the intersection of two arterial roadways and is bordered by an
assisted living/medical facility to the north and a park to the east. The property to the south will
also be changing from a multifamily designation to day care, office or local commercial. The
proposed change is therefore consistent with the adjacent existing and proposed land uses. The
applicant has also agreed to prohibit gas stations on the site (a use that would ordinarily be
allowed under the Local Commercial designation).
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: None
Background Information:
The Land Use Plan for the Meadows of Chandler Creek was adopted in 1992. No changes to the
land use designation for this tract have occurred since that time.
The Planning and Zoning Commission recommended approval of the proposed changes (with the
condition mentioned above) at their February 15, 2006, meeting.
Public Comment:
Public notice was posted and a public hearing was held in accordance with the City of Round
Rock's Zoning Ordinance at the Planning and Zoning Commission meeting on February 15, 2006.
EXECUTED
DOCUMENT
FOLLOWS
AGREEMENT AND DEVELOPMENT PLAN
2.168 ACRE TRACT, MEADOWS AT CHANDLER CREEK
MUNICIPAL UTILITY DISTRICT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
§
THIS AGREEMENT AND DEVELOPMENT PLAN (collectively, the "Agreement") 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 Quail Creek Cottages, Ltd., having
their offices at 4514 Travis Street, Suite 224, Dallas, Texas 75205 (hereinafter referred
to as the "Owner").
WHEREAS, The Owner has submitted a request to the City to amend a Land Use Plan
previously approved in an Agreement concerning Creation and Operation of the
Meadows at Chandler Creek Municipal Utility District, dated May 10, 1984; and
WHEREAS, on February 15, 2006, the City's Planning and Zoning Commission
recommended approval of the Owner's request to amend said Plan;
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:
ARTICLE I.
GENERAL PROVISIONS
1. CONFORMITY WITH DEVELOPMENT PLAN
All uses and development within the Property shall conform to the Development
Plan set forth in Article II herein.
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 below
and in Article I. Section 6. are followed.
3. MISCELLANEOUS PROVISIONS
3.1 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
1.
/'/'
or convenient to effectuate the purposes and intent of this Agreement.
3.2 Severability
In case one or more provisions contained in this Agreement are deemed
invalid, illegal or unenforceable in any respect such invalidity, illegality or
unenforceability shall not affect any other provisions of this Agreement and
in such event, this Agreement shall be construed as if such invalid, illegal
or unenforceable provision had never been contained in this Agreement.
3.3 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.
3.4 Applicable Law
This Agreement shall be construed under and in accordance with the laws
of the State of Texas.
3.5 Venue
All obligations of the parties created hereunder are performable in
Williamson County, Texas, and venue for any action shall be in Williamson
County.
3.6 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.
3.7 Duplicate Originals
This Agreement may be executed in duplicate original, each of equal
dignity.
3.8 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:
2.
OWNER
Quail Creek Cottages, Ltd.
4514 Travis St., Suite 224
Dallas, TX 75205
Attn: Nat Leakey
3.9 Effective Date
CITY OF ROUND ROCK
City of Round Rock, Texas
301 West Bagdad, Suite 210
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.
3.10 Binding Effect
This Agreement binds and benefits the Owner and its successors and
assigns.
ARTICLE 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, City of Round Rock, Texas, as amended,
hereinafter referred to as "the Code."
2. Property
The Development Plan ("Plan") covers the real property more particularly
described in Exhibit "A," attached hereto and incorporated herein as if fully set
forth (the "Property").
3. Purpose
The purpose of this Plan is to ensure a development that: (1) is equal to or
superior to development that would occur under the standard ordinance
requirements; and (2) 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 welfare.
4. Permitted Uses
The Property shall be used and developed for the following uses:
Local Commercial (C-2), as described in the Code, with a maximum height
of one (1) story; or
!/c
3.
6. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN
6.1 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 City Engineer, the Director of Planning and Community
Development, and the City Attorney.
6.2 Major Changes
Major changes shall be resubmitted following the same procedure required
by the original application.
CITY OF
By:Air
-♦ � ELL
ty of R. and Rock, Texas
Date: oziic(4-
XAS
OWNER:
QUAIL CREEK COTTAGES, LTD.
By: Quail Creek General,
its Geral Partn
5.
By:
Nat Leakey
Presid nt
Date: /
Exhibit "A"
The Property consists of 2.168 acres of land, which is the remainder of a 2.301 acre tract after
the taking of 0.133 acres for Right -of -Way, as more particularly described in the attached field
notes.
EXHIBIT A
Legal Description
Undeveloped Tract:
BEING 2.3012 acres of land out of the P.A. Holder Survey, Abstract 297, in Williamson County, Texas, and being
all that certain tract of land described in a deed from Cameo Land, Ltd., to Centex Senior Services Corporation
recorded under County Cleric's Document No. 2000019379 in the Official Public Records of Williamson County,
Texas, and being more particularly described by metes and bounds as follows, to wit:
BEGINNING at an iron rod found at the northwest corner hereof in the curving easterly line of Farm -Market
Highway No. 1460, said iron rod also being the southwest corner of Chandler Creek Section 8, a subdivision of
record filed in Cabinet 'T", Slides 14-15, Plat Records of Williamson County;
THENCE S 81° 23' 00" E a distance of 327.00 feet with the southerly line of said subdivision to an iron rod found at
the northeast corner hereof in the westerly line of that certain 198.101 acre tract of land described in a deed to
Lennar Homes of Texas Land & Construction, Ltd, recorded under Document No. 199983046 in the Official Public
Records of Williamson County;
THENCE 13° 23' 05" E a distance of 292.22 feet with the west line of said 198.101 acre tract to an iron rod found at
the southeast corner hereof said iron rod also being the northeast corner of that certain 3.398 acre tract of land
described in a deed to Chandler Creek Investments, Inc., recorded under County Clerk's Document No. 985944 in
the Official Public Records of Williamson County;
THENCE 81° 23' 00" W a distance of 408.63 feet with the north line of said 3.398 acre tract to an iron rod set at the
southwest corner hereof in the curving easterly line of said FM -1460, from which the northwest corner of The
Meadows of Chandler Creek Section 2, a subdivision of record filed in Cabinet "F", Slide 321, Plat Records of
Williamson Co., bears S 00° 02' 00" W a distance 01 466.51 feet;
THENCE with the easterly line of said FM -1460 an arc distance of 272.47' with a curve to the right, said curve
having a central angle of 5° 25' 49", a radius of 2874.84' a chord distance 0( 272.36' and a chord bearing of N 2° 44'
55" E to the Place of Beginning, containing 2.3012 acres (100,241 square feet) of land.
EXHIBIT A
Property Description
County: Williamson
Parcel No.: 14
Highway: FM 1460
CSJ: 2211-02-014,
Account No.: 8014-2-22
PROPERTY DESCRIPTION FOR PARCEL 14
DESCRIPTION OF A 0.133 ACRE TRACT OF LAND LOCATED IN THE 1'. A. HOLDEN
SURVEY, ABSTRACT NO. 297, IN WILLIAMSON COUNTY, TEXAS, AND BEING A
PORTION OF A CALLED 2.301 ACRE TRACT OF LAND AS DESCRIBED IN THAT DEED
TO CENTEX SENIOR SERVICES CORPORATION AS RECORDED IN DOCUMENT NO.
2000019379 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS;
SAID 0.133 ACRE TRACT, AS SHOWN ON THE ACCOMPANYING SKETCH, IS MORE
PARTICULARLY DESCRIBED SY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a calculated point 38,98 feet left of the proposed FM 1460 centerline station
404+84.42, for the southwest comer of said 2.301 Acre tract, same being on the existing east
right-of-way lint of FM 1460, samc being the northwest comer a called 3,398 Acre tract of land
as described in that decd to Chandler Creek Investments, LTD. as recorded in Document
No. 9859444 of the Official Public Records of Williamson County, Texas, from which a Yz" iron
rod found near the southwest comer of the said 2.301 Acre tract bears, a distance of 1.18 feet
with the arc of a curve to the right whose central angle is 00° 01' 26", with a radius of
2824.79 feet, with a chord which bears S 02° 16' 57" E a distance of 1.18 feet and
S 72° 28' 19" E a distance of 0.73 feet;
1. THENCE with the existing east right-of-way line of FM 1460, same being the west line of
said 2.301 Acre tract, a distance of 272.31 feet with an arc of a curve to the right whose
central angle is 05° 31' 24", with a radius of 2824,79 feet, with a chord which bears,
1400° 29' 28" E for a distance 0( 272.21 feet to a calculated point for the northwest corner of
the said 2.301 Acre tract, same being the southwest corner of Chandler Creek Section 8, a
Subdivision as recorded in Cabinet P, Slides 14. 15 of the Plat Records of Williamson
County, Texas;
2. THENCE in part with the existing east right-of-way line of FM 1460, the north line of said
2.301 Acrc tract, and the south line of said Chandler Creek Section 8, S 83° 35' 06" E pass a
calculated point for the southwest corner of Lot 1, Block A, of said Subdivision at a distance
of 10.02 feet, continuing for a total distance of 19.54 feet to a 'A" iron rod set with TxDOT
aluminum cap 60.00 feet left of the proposed FM 1460 centerline station 402+11.97, being
on the said proposed east right-of-way tine of FM 1460;
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3. THENCE through interior of said 2.301 Acre tract, with the said proposed cast right-of-way
fine of FM 1460, a distance of 272.39 feet with an arc of a curve to the left whose central
angle is 024 45' 10", with a radius of 5669.58 feet, with a chord which bears,
S 000 08' 27" W for a distance of 272.36 feet to a TxDOT Type II concrete monument set
60.00 feet left of the proposed FM 1460 centerline station 404+87.24, being on the south line
of the said 2.301 Acre tract, same being the north line of said 3.398 Acre tract;
4. THENCE with the south line of said 2.301 Acre tract, same being the north line of said
3.398 Acre tract, N 83° 38' 37" W for a distance of 21.21 feet to the POINT OF
BEGINNING and containing 0.133 Acre of land more or less.
All bearings are based on the Texas State Plane Coordinate System, Central Zone, NAD 83.
THE STATE OF TEXAS
COUNTY OF WILLIAMSOtNN
}
} KNOW ALL MEN BY THESE PRESENTS:
}
That I, Donald 1. Kirby, a Registered Professional Land Surveyor, do hereby certify that
the above description is true and correct to the best of my knowledge and belief and that the
property described herein was determined by a survey made on the ground under my direction
and supervision.
WITNESS MY HAND AND SEAL, at Round Rock, Williamson County, Texas this the
301h day of October, 2001 A.D.
BAKER-AICKLEN & ASSOC., INC.
203 E. Main Street, Suite 201
Round Rock, Texas 78664
W:WRoJECTS1Tx x ppM 146(111 4 604 91DOCN'ARCEc.S'P-
Donald J. Kirby
Registered Professional Land Survey
No. 2508 — State of Texas
14 CaNTrX.doc
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CHANDLER GREEK SECTION tl
CABINET P, SLIDES 14-I5, P.R,W.c.T.
N 13'JS'06" w CALLED 1.392 AC.
9.52'
•
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•
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LE: 1 ■ 50'
CATION: 402+11.97 ---
60.00' LEFT
CENTER SENIOR SERVICES CORPORATION
DOC. NO. 200001931% O.P.R_W.C.T„
(03-24-2000)
CALLED Z.301 AC.
2'
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40
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0.133 AC.
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P.O.B.
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PROPOSED CSL
CURVE DATA
n• 05' 44'00'
R - 57211.55'
L - 873.35'
c • 569.92'
C8. 5 02'0419" W
PI • 401.57.52
EAST IX) • 5140575.20
NORTH IY) • 10157433.55
STATION: 404+67.24
60.00' LEFT
EXISTING
PT Sta = 404.85.44
CHANDLER CREEK INVESTMENTS, LTD.
DOC. NO. 9859444, 0.P.R.W.C.T., (08-03-1998)
TRACT 4 (CALLED 3.398 AC.)
PAOC S OF 4
SKETCH TO ACCOMPANY FILLO'UTE OMSCR&TION
IT\
Raker-AlakIen
& Assoalatsai No.
ErtgIn sr*/5urosyara
RJCNT•O,•WAr StrTCN SNOvAa r*orfarr 09
CENTEX SENIOR SERVICE'S CORPORATION
oArt Of slaVE, PRoJecr
P. M. HIGHWAY NO. 1460
PAST orizouND ROCK
AUG. '00 - DEC. '00
1- 50'
•
PARCCL NO.
14
t0•11. TAX DID: 0.450 ACAs
ACCOUNT NO.
aol,�a
C. SA. NO.
2211-02-014
OIZTA(CY
14
co(mvr
WIU-1*MSON
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DETAIL NO. 1
P.O.B.
PARCEL NO. 14
NORTHING: I016760 5.91
EASTING: 310626.36
404.84.42
38.96'LT
p • 00.0116'
R = 2624.79'
L • 1.18'
CB•S02'46'97'E
C
Viz�•��
Of�3-'19E
ti
(N,T.s.)
NOTES:
I. BEARINGS ARE BASED ON GRID BEARINGS.
DISTANCES ARE SURFACE DISTANCES.
COORDINATES ARE BASED ON THE TEXAS STATE
PLANE COORDINATE SYSTEM, NAD 83, CENTRAL
ZONE. THE COMBINED SURFACE AOJUSTMENT
FACTOR 15 1.00012.
2. THIS SURVEY WAS PERFORMED WITHOUT THE
BENEFIT OF A TITLE REPORT. THERE MAY BE
EASEMENTS OR OTHER INSTRUMENTS
PERTAINING TO THIS PROPERTY THAT ARE NOT
SHOWN HEREON.
3. ALL STATIONS AND OFFSETS SHOWN HEREON
ARE MEASURED RELATIVE TO THE PROPOSED
CENTERLINE OF F. M. HIGHWAY NO. 1460. ALL
OFFSETS ARE MEASURED AT RIGHT ANGLES TO
SAID CENTERLINE.
LEGEND
1 HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND TINDER
AND THAT THIS PLA r IS TRUE AND CORRECT TO THE BEST OF MY KNOWI.
e'• • P 4
DONALD J. K/RBY, R.P.L.S. Me. 2508
203 E. MAIN ST., urrE 201
ROUND ROCK. Tx 78664
, o i;_ Jo,
DA r>:
O
A
COTTON OIN $DINGLE FOUND
TTrt 1 CONCRETE MONUYENr roux°
I/2' MON ROP iouN° umt_Ett WITCO
2' IRON PIPE P'OUNO UNLESS NOTED
TTPE 0 CONGAETE MONUMENT SET
WON A00 SET WITN 00001
ALUMINUM CAP Incest NOTED
CALCULATED POINT
GOO NAIL FOUND UNLESS NOTED
---.-t------ PROPERTY LINE
C/L CENTERLINE
A.(Lc NIGHT -OP -SAT
00000 TEXAS DEPARTktNT OF T$ANLPORTATION
Ot.R.W.C.T. OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY. TEXAS
r.RW.c.r. PLAT AECOPD$ OF
WILuAMNON COUNYT, TEXAS
O.R.r.C.T. 00E0 RECORDS Of
WILLIAMSON COUNTY, TEXAS
[.Ol. END Of PRo.EcT
►,0.1, Power OF RE/INNING
P.O.C. POINT OF COMMENCER;
0.0,11. rand 0/ REFERENCE
PAAC£L NUMOER FOR R.O.W. ACOu11TI0N
001111' Of INTEPPsFcTION FOA PR0PosE0
cENT[RLINE OF F.M. I440
•
4 Al11► t,tufa Y
•
ERvISION
Silt TCN up ACCOMPANY FIELD NOrt oescRoi r10N
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Baker-Alcklen
i Assaclstee, IAc.
Engineers/Surveyors
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CENTEX SENIOR SERVICES C . ' PORATIOI\I
0161'4Ql 4
PARM. 50.
14
OA re or RHAV[r
•UG. '40 - DEC. 'oo
SEASE
1" SO'
PROJECT
F. Ik. HICHWAY NO. 1480
EAS'C OF ROUND floCK
11.0.11. mimeo: 0.1/1 aCAS
•CCOUNT NO.
8014-2-22
010rS' T
14
G.S a NO.
2211-02-014
caurrr
WIW.ANS0N
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