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Z-06-06-08-9B2 - 6/8/2006ORDINANCE NO. Z"06" I / '"a; i'cm 2 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), 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 ORIGINALLY ZONE 27.5 ACRES OF LAND, LOCATED WEST OF RED BUD LANE AND NORTH OF GATTIS SCHOOL ROAD, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS PLANNED UNIT DEVELOPMENT (PUD) NO. 69. WHEREAS, the City of Round Rock, Texas has recently annexed 27.5 acres of land, located west of Red Bud Lane and north of Gattis School Road, in Round Rock, Williamson County, Texas, being more fully described in Exhibit "A" (the "Property"), attached hereto and incorporated herein, and WHEREAS, the Planning and Zoning Commission held public hearings concerning the original zoning of the Property on the 20th day of September, 2006, and on the 25th day of October, 2006, following lawful publication of the notice of said public hearings, and WHEREAS, after considering the public testimony received at such hearings, the Planning and Zoning Commission has recommended that the Official Zoning Map be amended so that the Property in Exhibit "A" be originally zoned as Planned Unit Development (PUD) No. 69, and WHEREAS, on the 21st day of November, 2006, after proper notification, the City Council held a public hearing on the proposed original zoning, and @PFDesktop\::ODMA/WORLDOX/0:/WDOX/ORDINANC/061121B2.WPD/rmc Original Zoning Ordinance 6/06 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 and Section 11.400, 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 CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That the City Council has hereby determined the Planned Unit Development (PUD) No. 69 meets the following goals and objectives: (1) The development in PUD No. 69 is equal to or superior to development that would occur under the standard ordinance requirements. (2) P.U.D. No. 69 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) P.U.D. No. 69 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. 69 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. 69 will be constructed, arranged and maintained so as not to dominate, by scale and massing of structures, the immediate neighboring properties or interfere with their development or use in accordance with any existing zoning district. 2 II. That the Official Zoning Map adopted in Section 11.401(2)(a) 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", attached hereto and incorporated herein shall be, and is hereafter designated as, Planned Unit Development (PUD) No. 69, and that the Mayor is hereby authorized and directed to enter into the Development Plan for PUD No. 69 attached hereto as Exhibit "B", 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. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. 3 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 7101Akinlbe , 2006. Alternative 2. READ and APPROVED on first reading this the day of , 2006. READ, APPROVED and ADOPTED on second reading this the day of , 2006. ATTEST: NYL L ayor City of Roun. Rock, Texas NUILbtil-L)C CHRISTINE R. MARTINEZ, City Secretary 4 EXHIBIT t a 'A tI A tI DESCRIPTION OF PROPERTY The Property consists of Tracts 1, 2, 3, 4, 5, 6, 7, 8, 9,11 and 12 of the unrecorded subdivision of Highland Terrace, as more particularly described in the following field notes. TRACT 1 &MILT "A" SUMO 2.44126 sores of land in the Joseph Marshall Survey, Abstract lie. 409, in Williamson County, Texas, and being Lot 1 out of the South 30.00 acres of a 76,00 sere tricot of land convened by deed dated May 16, 1947 from Paul T. Brown end Wife Flossie Brown to M. N. Freeman and wife Vera Maurine Mena, of record in Volume 343, Pate 219 of chi Deed Records of said Caugty and state, wore particularly described as foiimws: 3RQUU(UC at an iron pin art in the South boundary line of said 'Weibel' Survey watkL the Southwest corner of said Lot 1, said pint alao being the Southwest corner of said 30.00 sere tract and the Southwest corner of said 76.00 acre tract, said point bear* VESr, 899.31 feet frau the Southeast corner of said Marshall survey; THENCE, with the fence along the West boundary line of said 30.00 acre tract. N 00' 1.8' 00" W, 252.96 feet to an iron pin set for the Northwest corner hereof, said point also being the Southwest corse of Lot 3 of said 30.00 acre tract; THENCE, leaving said West line and continuing along the North boundary line hereof, S 89' 55' 00" E, 428.88 feet to an iron pin set for the Northcnst corner hereof, raid point also being the common corner of Lots 1, 2, 3, nnd•4 of said 30.00 ache tract; THENCE, along the common boundary line of Lots 1 and 2 of said 30.00 acre tract, S 00' 05' 00" W, 252.34 feet to an iron pin set on the South boundary line or said 30.00 acre tract for the Southeast corner hereof, said point also being the Southwest corner of Lot 2 of said 30.00 acre tract; TNMME:, leaving the East boundary tine hereof, WEST, 427.18 feet to the POINT OF BEGINNING, containing 2.4826 acres of land more or less. F Z. SURVEY NO. 89005 2.500 ACRES EIB1EIT "A" BEING 2.500 ACRES OP LAND OUT OF THE JOSEPH MARSHALL SURVEY ABSTRACT NO. 409, SITUATED IN WILLIAMSON COUNTY, TEXAS, BEING LOT 2 OP HIGHLAND TERRACE, AN UNRECORDED SUBDIVISION, AND BEING ALL OF THAT CERTAIN 2.500 ACRE TRACT OF LAND CALLED TRACT 1 DESCRIBED IN VOLUME 855, PAGE 340, WILLIAMSON COUNTY DEED RECORDS, SAID 2.500 ACRES OF LAND BEING MORE PARTICU[,ARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWSs • BEGINNING at an iron rod found on the west right-of-way line of County. Road No. 122, being the -southeast corner of the said Lot 2, for the southeast corner hereof; E. 432THENCE, hthe s .18f feet to aniron rod found hatsthe southwest 9corner "of said Lot 2, being the southeast corner of Lot 1, for the southwest corner hereof; .THENCE, with the west line of said Lot 2, N00'05'33"E, at 227.15 feet passing an iron rod found, continuing on, in all, a total of 252.22 feet to an iron rod found at the northwest corner of said Lot 2, being the southwest corner of Lot 4, for the northwest corner hereof; THENCE, with the north line of said Lot 2, being the south line of said Lot 4, 589.53'43"E, 432.14 feet to an iron rod found on the west line of the said County Road No. 122, at the northeast corner of said Lot 2, being the southeast corner of said Lot 4, for the northeast corner hereof; THENCE, with the west line of the said County Road No. 122, 800'05'00"W, at 24.83 feet passing an iron rod found, continuing on, in all, a total of 251.76 feet to the PLACE OF BEGINNING, containing 2.500 acres of land, more or less. W ENGINEERING, INC. Paul L. Easley, Regist= ed Public Surveyor No. 4432 STRTEOFIDfAS SOF MECO nfu H byet and= dub. R&A £S honthe Sue sbalmd e NO Page ofthe named son • Comity, Teas, as std bereos by M. on JAN 2 5 MOS 44111/14115464 WILLIAMSON coni if; TEWIS Date 0+1 a xa ta KW 68E • I ! t f 1 i 1 • . • TRACT 3 EXHIBIT "A" BEING A 2,487 ACRE TRACT OF LAND OUT OF THE JOSEPH MARSHALL SURVEY, ABSTRACT 140.409 IN WILLIAMSON COUNTY, TEXAS, BEING KNOWN AS LOT 3 OF HIGHLAND TERRACE, AN UNRECORDED SUBDIVISION 114 WILLIAMSON COUNTY, SAID LOT 3 BEING THE SAME TRACT OF LAND CONVEYED TO KEITH AND LESLIE PETERSON AS RECORDED IN VOLUME 2703, PAGE 297 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at a 3/8" iron rod found for thc Southeast corner of thc Iicrein described tract, being the Southeast comer of Said Lot 3 and the common Wcst corner of Lots 2 and 4, same being on thc centerline of the Wcst line of a 50' access casement as described in Volumc 855, Page 340, Decd Records of Williamson County, Texas, and from which the intersection of thc ecnhxiinc of said access casement with the West line of County Road No. 122 bears, S 89°55'00"E. 432.13 feet; THENCE N 89°55'00"W (BEARING BASIS) along thc common line bcuvccn dm herein described tract and Lot 1 of said Highland Tcrracc unrecorded subdivision for a distancc of 428.73 fcct to a 3/8" iron rod found on the East line of that certain J. Lawrence Bcrkman tract recorded in Volume 465. Pagc 308, Dccd Rccords of Williamson County, for the Southwest comer of the hcrcin described tract: THENCE 14 Q0°21'31"W along the common lint between said Berkman tract and the herein described tract for a distance of 252.18 feet to a X" iron rod found for the Northwest corner of !tercel, sane being the Southwest comer of Lot 5 of said Highland Tcrracc as convcycd to M.D. Clark in Volume 2513, Page 775, Official Records of Williamson County, Texas; , THENCE S 89°54'44"E (BEARING BASIS) along thc common line between said Lot 5 and thc herein described tract for a distance of 430.46 feet to a %" iron rod found for thc Northeast comer hereof, same being the Northwest of the aforementioned Lot 4, Highland Terrace, as conveyed to M.D. Clark, recorded in Volume 2154, Pagc 7881 of the Official Records of Williamson County, Tcxas; THENCE S 00°02'05"W along the common line between Lot 4 and thc hcrcin described tract, passing aVi" iron rod found at the Northwest corner of said 50' access casement a distance of 226.95' fcct and continuing for a total distancc of 252.14 fed to thc POINT OF BEGINNING of the hcrcin described tract and containing 2.487 acres of land COOKSTON & ASSOC. SURVEYING & MAPPING String Hill lane. Suite 110 - Mlugcrville Tc:a s 78GGn Office: (512 )252-9717 - FAX: (5121752.95)1 11 I/ 4_7 Y\ /Ms -III ILI VAS sash AIM •s►iP' \t\ r!r\ s1�. 'ntglogVIIIINggiNg/V ALD M. COOKSTON Rnnistered Professional Land Surveyor, No. 4733 TRACT 4 2.50 acres of land being that same property granted to Moms D. Clark and recorded in Volume 2154, Page 788, Official Public Records of Williamson County, Texas, said property is referred to in the Clark Deed as. "sometimes known as Lot 4 Highland Terrace an unrecorded subdivision in Williamson County, Texas" said 2.50 acres being more particularly described by metes and bounds as follows: BEGINNING at a %" iron rod found at the southwest comer of the Clark property, said rod is a common corner the Carlin tract (V.1747 P. 414), the Rasafar and Leo tract, (Doc. 20033015931) and the Sohns tract (Doc. 9806771), same being the Southwest corner of the herein described tract and the P.O.B. hereof THENCE, along the dividing line of the Clark and Sohns tracts N 00' 05' 27" E, (bearing basis) 252.05 ft. to a '/2" iron rod found at the common corner of said tracts, same being a common corner of two other Morris D. Clark tracts (both recorded in V. 2153 Pg.775), for the Northwest comer hereof THENCE, along the North line of the herein described tract, S 89' 42' 02" E, 432.13 ft. to the Northeast corner hereof (no monument recovered) being on the West r -o -w line of Red Bud Lane, and from which a %' capped iron rod found as a witness to the Northeast comer bears N 89' 42' 02" W, 38.19 ft. THENCE along the East line at the herein described tract and the West r -o -w line of Red Bud Lane, S 00° 05' 25" W. 250.55 ft., to the Southeast corner hereof (no monument recovered), and from which a %i" capped iron rod found as a witness to the Southeast comer bears, N 89' 54' 00" W, 36.28 ft. THENCE, along the dividing line of the above said Clark and Carlin tracts, N 89' 54' 00" W, 432.13 ft. to the P.O.B. TRACT 5 BEING 2.4958 acres of land in the Joseph Marshall Survey, Abstract No. 409, in Williamson County, Texas, and being Lot 5 out of the South 30.00 acres of a 76.00 acre tract of land conveyed by deed dated May 16, 1947 from Paul T. Brown and wife, Flossie Brown, to M. H. Freeman and wife, Vera Maurine Freeman, of record in Volume 343, Page 229 of the Deed Records of said County and State, more particularly described as follows: BEGINNING at an iron pin in the West boundary line of said 30.00.acre tract and the West boundary line of said 76.00 acre tract marking the Southwest comer of said Lot 5, said point bears WEST, 859.31 feet and N 00' 18' 00" W, 504.98 feet from the Southeast corner of said survey' THENCE, with the fence along the West boundary line of said 30.00 acre tract and the West boundary line of said 76.00 acre tract, N 00' 18' 00" W, 252.02 feet to an iron pin set for the Northwest comer hereof, said point also being the Southwest corner of Lot 7 of said 30.00 acre tract; THENCE, leaving the West boundary hereof, and continuing along the common boundary line of Lots 5 and 7, S 89' 55' 00" E, 432.25 feet to an iron pin for the Northeast comer hereof, said point also being the common corner of Lots 5, 6, 7 and 8 of said 30.00 acre tract; THENCE, along a common boundary line of Lots 5 and 6, S 00' 05' 00" W, 252.01 feet to an iron pin for the Southeast comer hereof, said point also being the common comer of Lots 3, 4, 5 and 6; THENCE, along the common boundary line of Lots 5 and 3, N 89' 55' 00" W, 430.56 feet to the POINT OF BEGINNING, containing 2.4958 acres of land more or less. TRACT 6 BEING 2.50 acres of land in the Joseph Marshall Survey,. Abstract No. 409 in Williamson County, Texas, beingLot 6 out of the South 30.00 acres of a 76.00 acre tract of land conveyed by deed dated May 16, 1947, from Paul T. Brown and wife, Flossie Brown, to M. H. Freeman and wife, Vera Maurine Freeman, of record in Volume 343, Page 229 of the Deed Records of said County and State, more particularly described as follows: BEGINNING at an iron pin found in the west Right-of-way line of County Road 122, also being on the East boundary of said 30.00 acre tract, said point bears N 00' 05' 00" E, 755.73 feet from the common Southeast corner of said 30.00 acre tract, said 76.00 acre tract and said survey for the Northeast comer hereof, said Point B, said Point also being the center line of a 50.00 foot wide easement; THENCE, with the common East line of said 30.00 acre tract, said 76.00 acre tract and said survey, said line also being the West Right-of-way line of said County road, S 00'05' 00" W at 25.00 feet pass an iron pin set for the Southeast corner of a 50.00 foot wide easement, 252.40 feet to Point A, being an iron pin set for the Southeast comer of said lot, said point also being the Northeast corner of Lot 4; THENCE, leaving said line and continuing with the common boundary line of Lots 4 and 6, N 89' 55' 00" W at 15.00 feet pass the Easterly line of a 15.00 foot wide easement described below, 432.13 feet to an iron pin set marking the Southwest corner hereof, said point also being the common corner of Lots 3, 4, 5, and 6; THENCE, leaving said line and continuing with the common boundary line of Lot 5 and Lot 6, N 00' 05' 00" E, at 227.01 feet pass the Southwest comer of said 50.00 foot wide easement, 252.01 feet to an iron pin set for the Northwest corner hereof, said point also being the center line of said 50.00 foot wide easement, said point also being the common corner of Lots 5, 6, 7 and 8; THENCE, leaving said line and continuing with the common boundary line of Lot 6 and Lot 8, N 89' 55' 00" E, at 417.00 feet pass the Easterly line of said 15.00 foot wide easement, 432.13 feet to the POINT OF BEGINNING, containing 2.50 acres of land more or less, (the' Property"). Yo< 918Pal678 TRACT ls BEIEN0 2.5055 acres of land in the Joseph Marshall Survey, Abstract No. 409 in Williamson County, Texas, and being Lot 7 out of the South 30. Q0 acres of a 76.00 acre tract of land conveyed by deed dated May 16, 1947 from Paul T. Brown and wife, Flossie Brown to M. H. Freeman and wife, Vera Maurline Freeman, of record in Volume 343, Page 229 of the Deed Records of said County and State, more particularly described as follows* BEG3DMING at an iron pin in the West boundary line of said 30.00 acre tract and the West boundary line of said 76.00 acre tract marking the Southwest corner of said Lot 7, said point bears WEST, 859.31 feet and N 00. 18' 00' W, 757.00 feet from the Southeast corner of said survey w TRACT 7 EIRI$IT •A" THEPCE, with the fence along the West .boundary line of said 30.00 acre tract and the West boundary line of said 76.00 acre tract,N 00• 18' 00' W, 252.02 feet to an iron pin set for the Northest cornier hereof, said point also being the Southwest corner of Lot 9 of said 30.00 acre tract; THENCE, leaving said West boundary line hereof and continuing' along the common boundary line of Lots 7 and 9, 8 89' 55' 00' E, 433.93 feet to an iron pin set for the Northeast corner hereof, said point also being the common corner of Lots 7, 8, 9, and 10 of said 30.00 acre: tracts THENCE, along the common boundary line of Lots 7 and 8, S 00' 05' 000 W, 252.01 feet to an iron pin for the Southeast corner hereof, said point also being the common corner of Lots 5, 6, 7, and 8 of said 30.00 acre tracts THENCE, along the common boundary lines of Lots 7 and 5, N 89' 55' 00' W, 432.25 feet to the POINT OF BEGINNING, containing 2.5055 acres of land more or less. TOGETHER WITH TUE FOLLOWING DESCRIBED EASEMENT FOR FREE EGRESS AND INGRESS SHALL CONSTITUTE AN APPURTENANCE TO TBE SAID PROPERTY HEREIN DESCRIBED, SUCH EASEMENT AND ROADWAY BEING PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: TRACT 8 BEING 2.50 acres of land in the Joseph. Marshall Survey, Abstract No. 409 in Williamson County, Texas, being further described as Lot 8 out of the South 30.00 acres of a 76.00 acre tract of land conveyed by deed dated May 16, 1947, from Paul T. Brown and wife Flossie Brown to M. H. Freeman and wife Vera Maurine Freeman, recorded in Volume 343, Page 229, Deed Records of said County and State, more particularly described as follows! BEGINNING at an iron pin found in the West Right-of-way line of County Road .122, also being on the East boundary of said 30.00 acre tract, said point bears N 00' 05' 00' E. 1007.74 feet from the common southeast corner of said 30.00 acre tract, said 76.00 acre tract and said survey, for the Northeast corner hereof; THENCE, with the common East line of said 30.00 acre tract, said 76.00 acre tract, and said survey,' said line also being the West Right-of-way line of said County road, '8 00 05 00" W at 227.01 feet pass an ironpinset for the Northeast corner of a 50.00 foot wide easement, 252.40 feet to Point A, being an iron pin set for the. Southeast corner of said lot, said point also being the Northeast corner of Lot 6 and the center line of said easements THENCE, leaving said line and continuing with the common boundary line of Lot 6 and Lot 8, also being the center lite of said easement, N 89' 55' 00" W at 15.00 feet pass the Easterly line of s 15.60 foot wide easement described below, 432.13 feet to an iron pin set marking the Westerly. terminus of said 50.00 foot easement, the common corner of Lots 5, 6, 7, and 8 for the Southwest corner hereof! THENCE boundary1linenofe.Lotsl7nd and and 8, N 00' continuing05' 00" the h atc25.000 feet pass the Northwest corner of said 50.00 foot ease- ment, 252.01 feet to an iron pin set on the common bound ary line of Lot 8 and Lot 10 of said 30.00 acre tractfor the Northwest corner hereof! THENCE leaving said line and continuing with the common North boundary .line of Lot 8 and Lot 10, S 89° 55' 00" E at 417.13 feet pass the Westerly line of said. 15.00 foot easement, 432.13 feet to the POINT OF BEGINNING, contain- ing 2.50 acres of land more or less. TRACT 3 t 1E2NC 2.5133 ACRES OF LAND IN TIIE JOSLFH MARSHALL. SURVEY, A.IIS7R/!CT 409 IN W1LL1A)ISOR COUNTY, TEXAS, AND REM LOT .9 01.7 OF 7IIE-c01911.3(i..007 ACRES OF A 76.00 ACRE TRACT OF LAND CONVEYED 14Y'DCEU DATCR 1;;.j '1.1., 19:,7 FROM FAUL T. BROWN AND WIFE, TLUSSIE [Town TO M. 11. FHCII;;ii AND Carr, YEY.A 5lAURINE FREEMAN, OT RLCOkr, IN VOLUME 343, FACE 229 or 7H,I;,30;.i1, RECORDS OF SAID COUNTY AND STATE, M01.E I'AET)Ct'L;ILY UEFC1:1 BEI► ;:Si')J. VY: EECINN1NG at an iron pin in the West boundary line. of said 30.00 erre tract and the West boundary line of said 76.00 acre tract aar;;int the southwest corner of said Lot 9, said point bears Kest, 65,.31 f4ct ar.d N 00' 16 00 1!, 1009.02 feet from the Sautheatt corner of acid Fur+•t ; TRUCE. vith the fence along the West boundery line of said 30.0 rcrt tract and the West boundary line of said 76.00 acre tract, N (10' J6' 00" W, 252.02 feet to en iron pin set for the Northwest corner hereof, said point also being the Southwest corner of LOC 11 of said 20.00 tcre tract; THENCE. leaving said West boundary line hereof end continuing along the common boundary line of Lots 9 and 11, S 69' 55' 00" E, 435.62 fere to en iron pin set for the Northeast corner hercof,,said point also being the common corner of Lots 9, 10, 1] and 12 of said 30.00 acre tr;.ct; THENCE, along the ccm on boundary line of Lots 9 end J0, S 00' 05' 00" V, 252.01 feet to an iron pin -.set for the Southeast ccuer hereof, ra'd point also being the cocnoncorner of Lots 7, 8, 9 end JO of said 30.00 acre tract; THENCE, along the common boundary line of Lots 9 erd 7, Y• E9' 55' OU" W, 433.93 feet to the POINT OF EECINNII:C, containing 2.5153 “.res cf land more or less. YOI, 2364PAGE 276 TRACT 9 a PZ) t T1 0 Fr,- ngcr ® d cro o E- 0 -1 o bra A.. tzl K. O 0 • 4 � . • TRACT 11 Di1[Ni ALL 01 THAT MUM TRACT Oa ?AIM 0% LAND out o1 AND A PART 01 TBs JOS!$ MAS BMW ABSTRACT 40P, IMAM ATTlIlD 1 t COUNTS, IUA$, RAID TRACT OF 1*10 MN1 rAX1ICUL*RLT areconpio IWO ALL O1 MT CUMIN niter Of W0 CO0VZYBD BY ALAN COIAMY MD DBMS CCLLZY 71+k1 WMIUAM &COON elft AND SANDRA MN Walt a MOT t Ut'LU K WARRANTY DlalRo IRCOSdMD III VOLUM 946, PAOS 1311, DUD ARC0SOI or wal.101110r4 COMM 'I'llZ*$I SAID TRACT 01 •OND D IN UZI Ms OF LAND MORS MUM DOMED BY U8 AND BIGINNRIO, at as boo pis *god ia tibt Bast los otdot *dais 2A7A3 age bootatbad camped tQ F. Lamm Belem by aid d snood la Vohs* 40, For 301 at said Dad itacatdo,* the 14416sert aaatr dosed hilt to ct as Booed asd apps epos dee woad, sree bails tbk Nadrweu some Oft tire* *saw w oi6at ands 76 amass some* to 1L a Rom tad Yarn Immo by Deed modal Y Yokes 343, Ftyt 239; Dai 1woait of Willissoas Costly. Taal, dor tie Nodbmotaatnrsad tipPOINT OR DIVINNINOddabardsdaorbelttatot 10t, NI99r0414, Marks the Nad< Mae of raid blank tot as itoced sad eeed spcs the gonad, 437.13 *et to s Bathos! OA) lbsod ma the apps ars Noedmoawt cow d add Smid tact ad tia)iodtrertt corarrdAaetiereiadttaiodtrna; TIMCD, S00033'5311„ ddlloaiah doe Beet Yoe dadd Bulk twat, 231.27 Set to so Seas pia LW at Be npprreat SA1dsoat maw at mid Sank tarot ae *Sod sod sod woo the proud, saw bake tiro global: al: ala 50' Noworciodae .4 It 1-orWpy $aealoot of reload is Volans 972 Far 249. OlYioial Skoog* of Moro* CAllger, Tema lbrdr Soaked moor THOM N11915'091V, kIoodop too Soodt lie' of maid Redia tract, as Awed sed good woo tbo stolon , 431.53 d+et t4 as boo *good is det Bart Nee of said 207.43 sae Da amos. tactat the tppetwt Sw nMt coaxer genii Sarilh tract, al head ad wed epos de bowl, br des Saletwat sorra rides leis detodbed hod, T its, Nar14'49174 lbaonaii tlry otasaos drift lie et 0110 Boa sad $Sales** tracts; as *sold Ind Wed Vat Ar dream, 2304t Act to the 1(1!!? 09 natterma mils 1521 Awn OfLiod. Twin= WtiN, Yams 972f/Pagp 249 eo stabto OAioiallfitpordr to � dreetieet mod Ri 064Vs ► st doeotibed ie Burterel By: �. •• r StewH. . . .. J...11. 4241afar $ NINON11110 at „� . •'1715 CapitalTama, 717467' So., Selee201 (512)347-9505 For (512) 347.9510 ,/1 • I 4+A114••04.i : ,...Baa+ed&h.„a—__..zIIe^-._R�•ar_A: • .�:':: _ - VM 11.635MEER3 BilliamsonEENG 2.50 es of land in the Joseph Marshall Survey, Abstract No. 409 in Wirtion of County, Texas, being further described as Lot 12 out of the Northeast South 30.00 acres of a 76.00 acre tract of land conveyed by Deed dated May 1, 1947 fin Paul T. Brown and wife, Flossie Brcwn to M.H. Freeman and wife, Vera Maurine Freeman, recorded in Volume 343, Page 229, Deed Records of said County and state, more particularly described as follows: BEGINNING at an iron pin found in the West Right-of-way also being the Northeast corner of said 30.00cretrt, line point bears Road 122, N 00.05100";E, 1512.15 feet faun the common Southeast conte. ofpsaid 3 0 acre tract, said:76.00 acre tract and said survey, for the Northeast corner hereof; THENCE, with the ocnmon East line of said 30.00 acre tract, said 76.00 acre tract, and said suivey, said Line also being the West Right-of-way line of said County road, S 00°05'00" W at 227.40 feet pass an iron pin set for the Northeast corner of a 50.00 foot wide easement, 252.40 feet to Point A, being the Southeast corner of said Lot, said point also the a Nor Northwest turner oiron pin set oft Lot 10 and the center line of said easement; f THENCE, leaving said line and continuing with the oamron bou9 line of and Lot 12, also being the center line of said easement, N 89°65 00 W at 15 000 feet pass the Easterly line of a 15.00 foot wide easement described below, 432.13 feet to an iron pin set marking the Easterly terminus of said easement and the cannon corner of Lots 9, 10, 11 and 12 for the Southwest corner hereof; and 12, N leaving05'00" E line25.00and cofeetnpass the Northwweestocorner of said 50.00 foot boundary line of Lots 11 easement, 251.69 feet to an iron pin set on the Northerly boundary line of said 30.00 acre tract for the Northwest corner hereof; THENCE, leaving said line and continuing with the cannon North boundary Lot 12 and said 30.00 acre tract, N 89°59'20" E, at 417.13 feet ss h line of line of said' 1500 foot easement, 432.13 feet to the POINT OF BF,GL NI V,e contaily 2.50 acres of land, more or less. MJ • • 1 DEVELOPMENT PLAN HIGHLAND TERRACE PUD PLANNED UNIT DEVELOPMENT NO. 69 EXHIBIT 1 a "Bn THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS DEVELOPMENT PLAN (this "Plan") is adopted by the CITY OF ROUND ROCK, TEXAS (hereinafter referred to as the "City"). For purposes of this Plan, the term Owner shall mean Allen Rasafar and J Yeo Sook, Robert and Sophia Carlin, Richard and Susan Sohns, Robert Bunnell, Kay Kitts, Jose and Leticia Toscano, and Billy and Sharon Arimes, their respective successors and assigns; provided, however, upon sale, transfer or conveyance of portions of the hereinafter described property, the duties and obligations of the Owner, as it relates to the respective property, shall be assumed by the new owner, and the Owner shall have no further liability relating to their respective property. WHEREAS, the Owner is the owner of certain real property consisting of approximately 27.5 acres, as more particularly described in Exhibit "A", (herein after referred to as the "Property") attached hereto and made a part hereof. WHEREAS, The Owner has submitted a request to the City to rezone the Property as a Planned Unit Development (the "PUD"). WHEREAS, pursuant to Chapter 11, Section 11.314, Code of Ordinances (1995 Edition), City of Round Rock, Texas, the Owner has submitted Development Standards setting forth the development conditions and requirements within the PUD, which Development Standards are contained in Section II of this Plan; and WHEREAS, the City has held two public hearings required by law to solicit input from all interested citizens and affected parties; and WHEREAS, on September 20, 2006, the City's Planning and Zoning Commission recommended approval of the Owner's application for a PUD; and WHEREAS, the City Council has reviewed the proposed Plan and determined that it promotes the health, safety, and general welfare of the citizens of Round Rock and that it complies with the intent of the Planned Unit Development Ordinance of the City; NOW THEREFORE: -1- I. GENERAL PROVISIONS 1. CONFORMITY WITH DEVELOPMENT STANDARDS That all uses and development within the Property shall conform to the Development Standards included in Section II herein. 2. CHANGES AND MODIFICATIONS No changes or modifications will be made to this Plan unless all provisions pertaining to changes or modifications as stated in Section II.13 below are followed. 3. ZONING VIOLATION Owner understands that any person, firm, corporation or other entity violating any conditions or terms of the Plan shall be subject to any and all penalties for the violation of any zoning ordinance provisions as stated in Section 1.601, Code of Ordinances, (1995 Edition), City of Round Rock, Texas, as amended. 4. MISCELLANEOUS PROVISIONS 4.1 Severability In case one or more provisions contained of this Plan are deemed invalid, illegal or unenforceable in any respect such invalidity, illegality or unenforceability shall not affect any other provisions of this Plan and in such event, this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained in this Plan. 4.2 Venue All obligations of the parties created hereunder are performable in Williamson County, Texas, and venue for any action shall be in Williamson County. 4.3 Effective Date This Plan shall be effective from and after the date of approval by the City Council. -2- II. DEVELOPMENT STANDARDS 1. DEFINITIONS Words and terms used herein shall have their usual force and meaning, or as defined in the Code of Ordinances (1995 Edition) as amended, City of Round Rock, Texas, hereinafter referred to as "the Code." 2. PROPERTY This Plan covers approximately 27.5 acres of land, located within the city limits of Round Rock, Texas, and more particularly described in Exhibit "A". 3. DEVELOPMENT PARCELS For the purpose of assigning land use and development standards, the Property has been divided into development parcels, as shown in Exhibit "B". 4. PURPOSE The purpose of this Plan is to ensure a 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 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) is adequately provisioned by essential public facilities and services, and 5) will be developed and maintained so as not to 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. 5. APPLICABILITY OF CITY ORDINANCES 5.1 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. If there is a conflict between this Plan and the Code, this Plan shall supersede the specific conflicting provisions of the Code. -3- 5.2 Other Ordinances All other Ordinances within the Code shall apply to the Property, except as clearly modified by this Plan. In the event of a conflict, the terms of this Plan shall control. 6. PERMITTED USES 6.1 Parcel 1 Office uses and Medical Office uses with no emergency medical services are permitted in Parcel 1. Warehouse Facilities and Outdoor Storage are prohibited. 6.2 Parcel 2 All uses permitted in the OF (Office) zoning district are permitted in Parcel 2. 6.3 Parcel 3 All uses permitted in the C-2 (Local Commercial) zoning district are permitted in Parcel 3 except for those uses listed in Section 7, below, which are specifically prohibited. 7. PROHIBITED USES FOR PARCEL 3 • Automotive & machinery repair • Automotive & machinery services • Automotive & machinery washes • Automotive parts sales (as a primary use) • Automotive rental • Automotive sales • Billiard parlors & pool halls (as a primary use) • Boat sales (as a primary use) • Bulk distribution centers (provided that this shall not prohibit warehouse use that is ancillary to a permitted primary use) • Camper sales • Campgrounds • Donation centers • Flea markets • Gasoline & fuel sales • Heavy equipment sales, rental & leasing • Industrial building sales -4- • Kennels • Manufactured home sales • Mini warehouses • Outdoor Entertainment • Pawn shops • Portable building sales (as a primary use) • Recreational vehicle parks • Recycling centers (provided that this prohibition shall not prevent use of temporary collection and storage bins for recyclable materials generated by a permitted use during the ordinary course of business) • Sale of used goods (except antiques and estate sales) • 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 (as a primary use) • Wireless Transmission Facility, Self -Standing • Wrecking yards 8. HEIGHT All buildings on the Property shall be limited to one (1) story in height, not to exceed twenty (20) feet. 9. ADDITIONAL DEVELOPMENT STANDARDS 9.1 Parcel 1 Parcel 1 shall be developed in accordance with the development standards set forth in Exhibit "C". 9.2 Parcel 2 Parcel 2 shall be developed in accordance with the development standards set forth in Exhibit "D". 9.3 Parcel 3 -5- Parcel 3 shall comply with the applicable development standards of the Code. 10. TREE PROTECTION In addition to the requirements of the Code, all protected tree species with a diameter (as defined in the Code) of twenty (20) inches or greater shall be preserved. All existing protected tree species within fifty (50) feet of a property line abutting single- family lots shall be preserved. 11. SIGNAGE All freestanding signs shall be restricted to monument signs only. Lots with frontage on a road or a shared driveway (access road) that intersects Red Bud Lane may have off-site signage along Red Bud Lane if a sign easement is obtained at a location no more than fifty (50) feet from the right-of-way line of both Red Bud Lane and the access road. Only one (1) sign easement shall be allowed for each access road that intersects with Red Bud Lane. The sign shall be a monument sign, as defined in the Code, and shall not exceed six (6) feet in height with a sign area of no more than fifty (50) square feet. All offices with use of the sign easement shall be accommodated on one (1) sign. Multiple signs shall not be permitted. If a sign is constructed in the sign easement, the use on the lot on which the sign is located shall use the same sign and shall not be permitted a separate sign along Red Bud Lane. In addition to the off-site signage, one (1) monument sign no more than six (6) feet high with a sign area of no more than fifty (50) square feet may also be located at the intersection of the primary entrance driveway onto each lot and the access road. 12. UNDERGROUND UTILITY SERVICE Except where approved in writing by the Chief of Public Works Operations, all electrical, telephone and cablevision distribution and service lines, other than overhead lines that are three phase or larger, shall be placed underground. All transformers must be visually screened. -6- 13. CHANGES TO PLAN 13.1 Minor Changes Minor changes to this Plan which do not substantially and adversely 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. 13.2 Major Changes All changes not permitted under section 13.1 above shall be resubmitted following the same procedure required by the original PUD application. Unless prohibited by law, the City reserves the right to rezone the Property or any portion thereof on its own motion or upon the application of any owner of property within the PUD. 14. CONCEPT PLAN APPROVED Approval of this Plan constitutes Concept Plan approval under the City Subdivision Ordinance. 15. GENERAL PLAN 2000 This Plan amends the Round Rock General Plan 2000, which was adopted on June 10, 1999. -7- LIST OF EXHIBITS EXHIBIT DESCRIPTION Exhibit "A" Description of Property Exhibit "B" Development Parcels Exhibit "B-1" Description of Parcel 1 Exhibit "B-2" Description of Parcel 2 Exhibit "B-3" Description of Parcel 3 Exhibit "C" Development Standards for Parcel 1 Exhibit "D" Development Standards for Parcel 2 -8- EXHIBIT A DESCRIPTION OF PROPERTY The Property consists of Tracts 1, 2, 3, 4, 5, 6, 7, 8, 9,11 and 12 of the unrecorded subdivision of Highland Terrace, as more particularly described in the following field notes. as TRACT 1 SMUT "A" 281110 2.4826 mores of land in the Joseph Marshall Survey, Abstract 16o. 409, in Williamson County, Texas, and beta Lot 1 out of the South 30.00 acres of a 76.00 acre trhtet of land conveyed by dud dated May 16, 1947 from Paul T. brown end Wife Flossie Irmo to M. H. Freeman and wife Vera Maurine Fromm, of record in Volume 343, Yate 229 of eh Deed Records of said County and State, more particularly described as follows: ISG119 = at an iron pin set in the South boundary line of said Maring shall cornerthwest said dcrttt alao� Southwest corner of said 30.00 acre tt ractand the Southwest corner of said 76.00 acre tract, said paint bears star, 159.31 feet from the southeast corner of 'aid Marshall survey; THENCE, with the fence along the Wast boundary line of said 30.00 acre tract. N 00' 18' 00" W, 252.96 feet to an iron pin sat for the Northwest corner hereof, said point also being the Southwest cornet of Lot 3 of said 30.00 sere tract; THENCE, leaving maid West line and continuing along the North boundary line hereof, S 89' 55' 00" E, 428.88 feet to an iron pin set for the Northeast corner hereof, said point also being the common corner of Lots 1, 2, 3, end'4 of said 30.00 acre tract; THENCE, along the common boundary lino of Lots 1 and 2 of said 30.00 acre tract, S 00' 05' 00" W, 252.34 feet to an iron pin set on the South boundary line of said 70,00 acre tract for the Southeast corner hereof, said point also being the Southwest corner of Lot 2 of said 30.00 arra• tract; THEM, leaving the East boundary line hereof, WEST, 427.18 feet to the P07NT O1 BEGINNING, contnining 2.4826 acres of land more or less. ;r« • TRACT 2 0L1747ract416 �:;/•, SURVEY NO. 89005 2.500 ACRES 7•. 1: EIII1EIT "A" BEING 2.500 ACRES OF LAND OUT OP THE JOSEPH MARSHALL SURVEY ABSTRACT NO. 409, SITUATED IN WILLIAMSON COUNTY, TEXAS, BEING LOT 2 OF HIGHLAND TERRACE, AN UNRECORDED SUBDIVISION, AND BEING ALL OF THAT CERTAIN 2.500 ACRE TRACT OF LAND CALLED TRACT 1 DESCRIBED IN VOLUME 855, PAGE 340, WILLIAMSON COUNTY DEED RECORDS, SAID 2.500 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod found on the west right-of-way line of County Road No. 122, being the southeast corner of the said Lot 2, for the southeast corner hereof; 432THENCE, h the s 432.18 feet to aniron rod found hatsthe southwestgcorner"of said Lot 2, being the southeast corner of Lot 1, for the southwest corner hereof; THENCE, with the west line of said Lot 2, N00'05'33"E, at 227.15 feet passing an iron rod found, continuing on, in all, a total of 252.22 feet to an iron rod found at the northwest corner of said Lot 2, being the southwest corner of Lot 4, for the northwest corner hereof; THENCE, with the north line of said Lot 2, being the south line of said Lot 4, S89'53'43"E, 432.14 feet to an iron rod found on the west line of the said County Road No. 122, at the northeast corner of said Lot 2, being the southeast corner of said Lot 4, for the northeast corner hereof; THENCE, with the west line of the said County Road No. 122, 800'05'00"W, at 24.83 feet passing an iron rod found, continuing on, in all, a total of 251.76 feet to the PLACE OF BEGINNING, containing 2.500 acres of land, more or less. ENGINEERING, INC. Paul L. Easley, Regist- ed Public Surveyor No. 4432 STATE OFmos I tardy etetAY Inif les Whoa* us FRED 11, daft nd 'u� It the fen �Aed Maeoo blECORDED. in the Pontine • and Page u R by on JAN 26s coo/maul/44 M'+ILUAMSON COUNTY, TEXAS EXHIBIT "A" TRACT 3 BEING A 2.487 ACRE TRACT OF LAND OUT OF THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409 IN WILLIAMSON COUNTY, TEXAS, BEING KNOWN AS LOT 3 OF HIGHLAND TERRACE, AN UNRECORDED SUBDIVISION IN WILLIAMSON COUNTY, SAID LOT 3 BEING THE SAME TRACT OF LAND CONVEYED TO KEITH AND LESLIE PETERSON AS RECORDED IN VOLUME 2703, PAGE 297 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at a 3/8" iron rod found for the Southeast corner of thc herein described tract, being the Southeast confer of Said Lot 3 and Ute common West corner of Lots 2 and 4, same being on the centerline of the West line of a 50' access casement as described in Volume 855, Page 340. Decd Rccords of Williamson County, Texas, and from which the intersection of the centerline of said access casement with thc West Zine of County Road No. 122 bears, S 89°55'00"E. 432.13 feet; THENCE N 89°55'00"W (BEARING BASIS) along the conunon line between the herein described tract and Lot 1 of said Higtlland Tcrracc unrecorded subdivision for a distance of 428.73 feet to a 3/8" iron rod found on the East Linc of that certain J. Lawrence Berkman tract recorded in Volume 465. Page 308, Decd Rccords of Williamson County, for the Southwest comer of the herein described tract: THENCE N 00°21'31"W along the common Linc between said Berkman tract and the herein described tract for a distance of 252.18 feet to a '/" iron rod found for the Northwest corner of hereof, sante being the Southwest corner of Lot 5 of said Highland Tcrracc as conveyed to M.D. Clark in Volume 2513, Page 775, OtTicial Records of Williamson County, Texas; THENCE S 89°54'44"E (BEARING BASIS) along the common line between said Lot 5 and the herein described tract for a distance of 430.46 feet to a %" iron rod fowtd for the Northeast corner hereof, sante being the Northwest of the aforementioned Lot 4, Highland Terrace, as conveyed to M.D. Clark, recorded in Volume 2154, Page 7881 of the Official Rccords of Williamson County, Texas; THENCE S 00°02'05"W along the common line between Lot 4 and the herein described tract, passing a 'A" iron rod found at lite Northwest corner of said 50' access easement a distance of 226.95' feet and continuing for a total distance of 252.14 feel to the POINT OF BEGINNING of the herein described tract and containing 2.487 acres of land. COOKSTON & ASSOC, SURVEYING & MAPPING 1608 String Hill tare. Soile 110 - P(lugervillc Teras 75000 Office (5121252-9717 - FAX: (512) 252-9531 ...0%" II .4a, - r� aar.-ink ,Bala Ulla► ■I 1111Phi.11, `�M �� iii • DONALD M.000KSTON tt" y 4733 v Q -y�yOoaroi FE$�o .prr -AMA ,1011 Registered Professional Land Surveyor. No. 4733 TRACT 4 2.50 acres of land being that same property granted to Morris D. Clark and recorded in Volume 2154, Page 788, Official Public Records of Williamson County, Texas, said property is referred to in the Clark Deed as. "sometimes known as Lot 4 Highland Terrace an unrecorded subdivision in Williamson County, Texas" said 2.50 acres being more particularly described by metes and bounds as follows: BEGINNING at a 512" iron rod found at the southwest comer of the Clark property, said rod is a common corner the Carlin tract (V.1747 P. 414), the Rasafar and Leo tract. (Doc. 20033015931) and the Sohns tract (Doc. 9806771), same being the Southwest corner of the herein described tract and the P.O.B. hereof THENCE, along the dividing line of the Clark and Sohns tracts N 00' 05' 27" E, (bearing basis) 252.05 ft. to a 1/2" iron rod found at the common comer of said tracts, same being a common comer of two other Morris D. Clark tracts (both recorded in V. 2153 Pg.775), for the Northwest corner hereof THENCE, along the North line of the herein described tract, S 89° 42' 02" E, 432.13 ft. to the Northeast corner hereof (no monument recovered) being on the West r -o -w line of Red Bud Lane, and from which a %2" capped iron rod found as a witness to the Northeast corner bears N 89' 42' 02" W, 38.19 ft. THENCE along the East line at the herein described tract and the West r -o -w line of Red Bud Lane, S 00' 05' 25" W, 250.55 ft., to the Southeast corner hereof (no monument recovered), and from which a 72" capped iron rod found as a witness to the Southeast comer bears, N 89' 54' 00" W, 36.28 ft. THENCE, along the dividing line of the above said Clark and Carlin tracts, N 89' 54' 00" W, 432.13 ft. to the P.O.B. TRACT 5 BEING 2.4958 acres of land in the Joseph Marshall Survey, Abstract No. 409, in Williamson County, Texas, and being Lot 5 out of the South 30.00 acres of a 76.00 acre tract of land conveyed by deed dated May 16, 1947 from Paul T. Brown and wife, Flossie Brown, to M. H. Freeman and wife, Vera Maurine Freeman, of record in Volume 343, Page 229 of the Deed Records of said County and State, more particularly described as follows: BEGINNING at an iron pin in the West boundary line of said 30.00 acre tract and the West boundary line of said 76.00 acre tract marking the Southwest corner of said Lot 5, said point bears WEST, 859.31 feet and N 00. 18' 00" W, 504.98 feet from the Southeast comer of said survey' THENCE, with the fence along the West boundary line of said 30.00 acre tract and the West boundary line of said 76.00 acre tract, N 00' 18' 00" W, 252.02 feet to an iron pin set for the Northwest comer hereof, said point also being the Southwest comer of Lot 7 of said 30.00 acre tract; THENCE, leaving the West boundary hereof, and continuing along the common boundary line of Lots 5 and 7, S 89° 55' 00" E, 432.25 feet to an iron pin for the Northeast corner hereof, said point also being the common corner of Lots 5, 6, 7 and 8 of said 30.00 acre tract; THENCE, along a common boundary line of Lots 5 and 6, S 00' 05' 00" W, 252.01 feet to an iron pin for the Southeast comer hereof, said point also being the common comer of Lots 3, 4, 5 and 6; THENCE, along the common boundary line of Lots 5 and 3, N 89' 55' 00" W, 430.56 feet to the POINT OF BEGINNING, containing 2.4958 acres of land 'more or less. TRACT 6 BEING 2.50 acres of land in the Joseph Marshall Survey,. Abstract No. 409 in Williamson County, Texas, being Lot 6 out of the South 30.00 acres of a 76.00 acre tract of land conveyed by deed dated May 16, 1947, from Paul T. Brown and wife, Flossie Brown, to M. H. Freeman and wife, Vera Maurine Freeman, of record in Volume 343, Page 229 of the Deed Records of said County and State, more particularly described as follows: BEGINNING at an iron pin found in the west Right-of-way line of CountyRoad 122, also being on the East boundary of said 30.00 acre tract, said point bears N 00' 05' 00" E, 755.73 feet from the common Southeast corner of said 30.00 acre tract, said 76.00 acre tract and said survey for the Northeast corner hereof; said Point B, said Point also being the center line of a 50.00 foot wide easement; THENCE, with the common East line of said 30.00 acre tract, said 76.00 acre tract and said survey, said line also being the West Right-of-way line of said County road, S 00'05' 00" W at 25.00 feet pass an iron pin set for the Southeast corner of a 50.00 foot wide easement, 252.40 feet to Point A, being an iron pin set for the Southeast corner of said lot, said point also being the Northeast comer of Lot 4; THENCE, leaving said line and continuing with the common boundary line of Tats 4 and 6, N 89' 55' 00" W at 15.00 feet pass the Easterlyline of a 15.00 foot wide easement described below, 432.13 feet to an iron pin set marking the Southwest corner hereof, said point also being the common corner of Lots 3, 4, 5, and 6; THENCE, leaving said line and continuing with the common boundary line of Lot 5 and Lot 6, N 00' 05' 00" E, at 227.01 feet pass the Southwest corner of said 50.00 foot wide easement, 252.01 feet to an iron pin set for the Northwest corner hereof, said point also being the center line of said 50.00 foot wide easement, said point also being the common comer of Lots 5, 6, 7 and 8; THENCE; leaving said line and continuing with the common boundary line of Lot 6 and Lot 8, N 89' 55' 00" E, at 417.00 feet pass the Easterly line of said 15.00 foot wide easement, 432.13 feet to the POINT OF BEGINNING, containing 2.50 acres of land more or less, (the "Property"), 7 VOL 91.8e4E 678 TRACT l s EXHIBIT "A' TRACT 7 BEING 2.5055 acres of land in the Joseph Marshall Survey, Abstract No. 409 in Williamson County, Texas, and being Lot 7 out of the South 30.00 acres of a 76.00 acre tract of land conveyed by deed dated May 16, 1947 from Paul T. Brown and wife, Flossie Brown to M. H. Freeman and wife, Vera Maurline Freeman, of record in Volume 343, Page 229 of the Deed Records of said County and State, more particularly described as follows* BEGINNING at an iron pin in the West boundary line of said 30.00 acre tract and the West boundary line of said 76.00 acre tract marking the Southwest corner of said Lot 7, said point bears WEST, 859.31 feet and N 00" 18' 00" N, 757.00 feet from the Southeast corner of said survey; THENCE, with the fence along the Weat boundary line of said 30.00 acre tract and the Weat boundary line of said 76.00 acre tract, N 00" 18' 00' W, 252.02 feat to an iron pin set for the Northwest corner hereof, said point also being the Southwest corner of Lot 9 of said 30.00 acre tract; THENCE, leaving said Weat boundary line hereof and continuing" along the common boundary line of Lots 7 and 9, 8 89" 55' 00" 0, 433.93 feet to an iron pin set for the Northeast corner hereof,'said point also being the common corner of Lots 7, 8, 9, and 10 of said 30.00 acre tract; THENCE, along the common boundary line of Lots 7 and 8, S 00. 05' 00' W, 252.01 feet to an iron pin for the Southeast corner hereof, said point also being the common corner of Lots 5, 6, 7, and 8 of said 30.00 acre tract; THENCE, along the common boundary lines of Lots 7 and 5, N 89" 55' 00' W, 432.25 feet to the POINT OF BEGINNING, containing 2.5055 acres of land more or less. TOGETHER WITH THE FOLLOWING DESCRIBED EASEMENT FOR FREE EGRESS AND INGRESS SHALL CONSTITUTE AN APPURTENANCE TO THE SAID PROPERTY HEREIN DESCRIBED, SUCH EASEMENT AND ROADWAY BEING PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: TRACT 8 BEING 2.50 acres of land in the Joseph.Marahall Survey, Abstract No. 409 in Williamson County, Texas, being further described as Lot 8 out of the South 30.00 acres of a 76.00 acre tract of land conveyed by deed .dated May 16, 1947, from Paul T. Brown and wife Flossie Brown to M. H. Freeman and wife Vera Maurine Freeman, recorded in Volume 343, page 229, Deed Records of laid County and State, more particularly described as follows: BEGINNING at an iron pin found in the West Right-of-way line of County Road .122, also being on the East boundary of said 30.00 acre tract, said point bears N 00' 05' 00' E, 1007.74 feet from the common southeast corner of said 30.00 acre tract, said 76.00 acre tract and said survey, for the Northeast corner hereof; THENCE, with the common East lineof said 30.00 acre . tract, said 76.00 acre tract, and said survey,' said line also being the West Right-of-way line of said County road,. '8 00 05' 00" W at 227.01 feet pass en iron. pin set for the Northeast corner.of a 50.00 foot wide easement, 252.40 feet to Point A, being an iron pin set for the. Southeast corner of •aid lot, said point also being the Northeast corner of Lot 6 and the center line of said easement, THENCE, leaving said line and continuing with the common boundary line of Lot 6 and Lot 8, also being the center litre of said easement, N 89. 55' 00" W at 15.00 feet pass the Easterly line' of a 15.00 foot wide easement described " below, 432.13 feet to an iron pin set marking the Westerly.. -terminus of said 50.00 foot easement, the common corner of Lots -5, 6, 7, and S for the Southwest corner hereof: THENCE, leaving said line and continuing with the common . boundary line Of Lots 7 and 8, N 00' 05' 00" E at 25.00 feet. pass. the Northwest corner of said 50.00 foot ease- ment, 252.01 feet to an iron pin set on the common bound- ary line of Lot 8 and Lot 10 of said 30.00 acre tractfor the Northwest corner hereof;' THENCE leaving said line and continuing with the common North boundary .line of Lot 8 and Lot 10, S 89° 55' 00" E at 417.13 feet pass the Westerly.line of said. 15.00 foot.. easement, 432.13 feet to -the. POINT OF BEGINNING, contain- ing 2.50 acres of land more or less. EXHIDIT "A" TRACT 11 MING 2.5153 ACRES OF LAPP IN THE JOSCTN HANSIIAL..54R1'EY, ANS1C4T-1:(+, :! 409 1H W1LL1AMSO11 COUNTY, TEXAS. ARU DUNG LOT 9 MT OF 711)'. c(t'TN.30..($(c ACRES OF A 76.00 ACRE TRACT OF LAND CONVEYED KY•UCCU UAICI IVO :U,, 1947 FR0Ii TAUL T. BROWN AND (3FE, TU./581E trOWN TO M. H. FI(tI ,ti AXis :1('1:, VERA MAURINE FREENAN, or RECORD 31c VOLUME 343, TACE 229 or 71LG.3'1;.. », RtCORU'S OF SAID COUNTY AND STATE, 11O1.E I'/172Cl'L/,13.Y UCSCE1itit ;:S yLC.1F; CECI1:N11:G at an iron pin in the West boundary line of said 30.00 erre tract and this West boundary line of said 76.00 acre tract sor;,ir,( the southwest corner of said Lot 9, said point bears West, 859.31 fttt ar.E N 00' 38' 00" k, 1009.02 feet from the Southeast corner of said Sunt;; THENCE, gith the fence along the West boundary line of said 30.(.0 r.cre tract and the West boundary line of said 76.00 acre tract, N ('V 18' 00" W, 252.02 feet to an iron pin set for the Northwest corntr hereof, said point also being the Southwest corner of Lot 11 of said 20.00 sere tract; thef,leavingCE, said tboundary e cotmonboundarylineofLots9 and 11, hereof , 9'n55' 00" E. continuin435.62gfeet to an iron pin set for the Northeast corner hereof,,seid point al:o being the common corner of Lots 9, 10, 11 and 12 of said 30.00 acre tract; TEENCE. along the common boundary line of Lots 9 and JO, S 00' 05' 0," W, 252.01 feet to an iron pin:set for the Sou;heast corner hcreof, rad point also being the corraoncorner of Lots 7, 8, 9 and 111 of said 30.00 acre tract; THENCE, along the common boundary line of Lots 9 and 7, ;1 E9' 55' 00" W, 433.93 feet to the POINT OF EEGINNING, containing 2.5153 acres of land more or less. • • I . „J•1. • TRACT 11 ARM; Au. orlon CAIN rum OR MAU 01! LAND OV* OF AND A PART OH m =NM Ya11R1 Alt, AiiViY ANNTRACT N0. *, IMAM IN WDLMIUOI mom lf, UA$, MID Th&CT 0P LAND Mom rAinammorav osocurso As moo ALL Or THAT tLUrTAiN i*Acr 0! !.Alm C(MIVETRO BY MAN COUZY AND mars CUUZ'Y Tb WILLIAM JACIDION tom AILD SANDRA WM MOM IN TUT burn= WARRANTY DUD RECOMOID TN VOLUM 940, moo m, Dmf moan 4 0! wUAi�ON COMM TWA SAID TRACT OF LAND MIRki Galli ACME OF LAND MORN s11U.Y oracrarroDY M U*'$ AND BOUNDS ASFOLL0111t 11,4301111NO, at maions* boodbMDot las GaltORNia1A?'A9 aooet toot dined wan* L Lsaasaos Wan by dad of and la Vola 40, Pape Sot at said Dad itegmakos the *davit cocoa of add Saida Itat se *noed sad ratted antes stank sums Mao the Elotl6wast scam Oda sarlb 30 was *lido midi 76sesr*at ssarspadtoM. H. Fagan sod Vera Patna by Deed taossded Y Yi6 s 343, PAM 2 Dad Raaosi of Mosso Coady, Tara, 6 due Halmos cam ad do TOW OF DIOINNINOanisbads duabalt iltt, T1wq(, N1Y39'017i, Moe f the Nadu lies of odd Ss idt tact as hosed sad and upas duo stow% 07.13 *et to s Iddiread Spix *ad at der sppnaetNadu* awn ofadd hokb tact sod tM34oatthesst coma crib bads dsectiesdlact, 1111124CDy $00°33'33'7, !blindly de Beast lips chid Rath tract, 231.27 Apt to as inn* Aeoad at tbs sppsaat Sado,* ooner afraid Si tarot as bitced sad Bred opts des'Mod, now kis tie oandbe of It 50' Nowaattiastae sad ltyis-E•'ifsy Bsassoesss et mord bible= = 972 Pas 249. Mid Masai$ of Willisagat casmep,'Ibioas, lb 6 Soudueott coma odtbs buds datsibad pawl, TMNOC. 1419`13'00” hilt, Slow* tie 8oaaelt Ng c(sdd Sod& tact, a lard ad gad woo due wad, 434.53 bat 10 se boo pias fond is d4 Beet lips cf aid 207.43 gas Bedew *act, at dna swan 8oaibnsst catgut staid >tbok t trace, as haed asd rased upon des acorn& At 16s Sasmwsst arm oHhsltrsWadesorbsdtact, • MEACW•No0'14'49,4 ltibnd is tbo commis dribtb lir* ci odd Smi$ sad 8seiawawu tack a ' head and oded A spa 6 gaged, 250J. bet to Re Mgr OF 2.521 Wows 972fEttyp 30 ssidMidBgoorar� Emma asci Wt0 a daalbsd is flatard Sy: Scswli LA 4241 d1112118ARMOR a[slt rieCa 1713 Capital onwta Audi,Thom 70746 ally..8a. 3d1s201' Pk (512) 3474505 Fitt (512) 347.9510 • . .R.. ..• H. ..r. R. TRACT 12 • " Y I vni 1065FACE 898 EXHIBIT "A" BEING 2.50 Wires of land in the Joseph Marshall Survey, Abstract No. 409 in Williamson County, Texas, being further described as Lot 12 out of the Northeast Poon of the South 30.00 acres of a 76.00 acre tract of lard conveyed try Deed dated May 16, 1947 from Paul T. Brown and wife, Flossie Broom to M.H. Freeman and wife, Vera Maurine Freeman, recorded in Volume 343, Page 229, Deed Records of said County and State, more particularly described as follows: BEGINNING a an iron pin found in the West Right-of-way line of County Road 122, also being the Northeast corner of said 30.00 acre tract, said point bears N 00.05100";E, 1512.15 feet frau the common Southeast corner of said 30.00 acre tract, said76.00 acre tract and said survey, for the Northeast corner hereof; THENCE, with the common East line of said 30.00 acre tract, said 76.00 acre tract, and said survey, said line also being the West Right-of-way line of said County road, S 00°05'00" W at 227.40 feet pass an iron pan set for the Northeast corner of a 50.00 foot wide easement, 252.40 feet to Point A the Southeast corner of said Lot, said point also ' the e beingor Northwest corner opin set ofr Lot 10 and the center. line of said easement) f THENCE, leaving said line and continuing with the common bo line of t 10 and Lot 12, 'also being the center line of said easement, N 8900' W at 15 00 feet feetPpaas� Easterly line of a 15.00 foot wide easement described below, 432.13 common corner of Lots* 9, iron pin set marking 111 the 1� ltheterminus est easement and the hereof; THENCE, leaving said line and continuing with the common boundary and 12, N 00°05'00" E at 25.00 feet pass the Northwest corner oaid 50line .00 foot easement, 251.69 feet to an iron pin set on the Northerly boundary line of said 30.00 acre tract for the Northwest corner hereof; THEA, leaving said line and continuing with the common North bo Lot 12 and said 30.00 acre tract, N 89°59'20" E, at 417.13 feet pass th line of line of said'15.00 foot easement, 432.13 feet to the POD BEGINNING, OF c ainn g 2.50 acres of land, sore or less. 1 EXHIBIT B DEVELOPMENT PARCELS Milli ira rim mwm Tract 11 Tract 7 Parcel 1 Tract 5 Tract 3 Tract 8 Tract 6 Parcel 2 Tract 1 Tract 4 Tract 2 Parcel 3 EXHIBIT B-1 DESCRIPTION OF PARCEL 1 Parcel 1 consists of Tracts 1, 3, 5, 7, 9, 11 and 12 of the unrecorded subdivision of Highland Terrace, as more particularly described in the following field notes. TRACT 1 2iao� 46� 2.4626 acres of land in the Joseph Marshall Survey, Abstract leo. , in Williamson County, Texas, and beta` Lot 1 out of the South 30.00 aeras of a 76.00 acre tr e t of land conveyed by deed dated May 16, 1947 from Paul T. Drown and Wife Flossie Brom to M. H. Freeman and vile Vera Maurine Pteeaan, of record in Volume 343, Bane 229 of Chi Deed Records of said Cacgty and State, more particularly described a■ follows: SUO1:U C at an iron pin set in the South boundary line of said Surontpoint ateo g � Sout�,t cornerrnof said 30.0said acre tract and the Soutlwrest corner of said 76.00 acre tract, said point bears VST, 859.31 feet from the southeast corner of said Marshall. survey; COMM "A" THEME, with the fence along the Wast boundary line of said 30.00 acre tract, N 00' 18' 00" W, 252.96 feet to an Leon pin sat for the rorthweat•cottrer hereof, said point also being the Southwest cornet of Lot 3 of said 30.00 sere tract; THENCE,, leaving •aid Best line and continuing along the North boundary line hereof, S 89' 55' 00" E, 428.88 feet to an iron pin set for the Northeast corner hereof, said point also being the common corner of Lots i, 7, 3, encl.(' of said 30.00 acre tract; THENCE, along the common boundary line of lots 1 and 2 of said 30.00 acre tract, S 00' 05' 00" W, 252.34 feet to an iron pin set on the South boundary line of mold 30.00 acre tract for the Southeast corner hereof, sold point also being the Southwest corner of Lot 2 of said 30.00 sere. tract; THENCE:, leaving the Kiln bound3ry lint hereof, WKST, 427.18 feet to the POTNT OF 6t.GINN1HC;, rontnhning 2.4826 acres of land more or less. EXHIBIT "A" TRACT 3 BEING A 1487 ACRE TRACT OF LAND OUT OF THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409 IN WILLIAMSON COUNTY, TEXAS, BEING KNOWN AS LOT 3 OF HIGHLAND TERRACE, AN UNRECORDED SUBDIVISION IN WILLIAMSON COUNTY, SAID LOT 3 BEING THE SAME TRACT OF LAND CONVEYED TO KEITH AND LESLIE PETERSON AS RECORDED IN VOLUME 2703, PAGE 297 OF TRE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING al a 3/8" iron rod found for die Southeast corner of clic hcrcin described tract, being dna Southeast corner of Said Lot 3 and the common West corner of Lots 2 and 4, same being on thc centerline of the West line of a 50' access casement as described in Volume 855, Page 340, Decd Records of Williamson County, Texas, and from which the intersection of the centerline of said access casement with clic West line of County Road No. 122 bears, S 89°55'00"E. 432.13 feet; THENCE N 89°55'00"W (BEARING BASIS) along the common line between dm hcrcin described tract and Lot I of said Highland Tcrracc unrecorded subdivision for a distance of 428.73 feel to a 3/8" iron rod found on the East line of that certain J. Lawrence Berkman tract recorded in Volume 465. Page 308, Deed Rccords of Williamson County, for the Southwest comer of the hcrcin described tract: THENCE N 00°21'31"W along dic common line between said Berkman tract and the herein described tract for a distance of 252.18 feet to a 'A" iron rod found for the Northwest corner of hereof, same being the Southwest comer of Lot 5 of said Highland Terrace as conveyed to M.D. Clark in Volume 2513, Page 775, Official Rccords of Williamson County, Texas; THENCE S 89°54'44"E (BEARING BASIS) along the common line between said Lot 5 and the hcrcin dcscribcd trace for a distance 01'430.46 fat to a %" iron rod found for thc Northeast comer hereof, same being the Northwest of the aforementioned Lot 4, Highland Terrace, as conveyed to M.D. Clark, recorded in Volume 2154, Page 7881 of the Official Rccords of Williamson County, Texas; THENCE S 00°02'05"W along the common line between Lot 4 and the hcrcin described tract, passing a ,A" iron rod found at die Northwest corner of said 50' access casement a distance of 226.95' foci and continuing for a total distance of 252.14 feet to the POINT OF BEGINNING of the hcrcin described tract and containing 2487 acres of land COOKSTON & ASSOC. SURVEYING & MAPPING OR Spring Hill Lane. Suite 110 • Mlugerville Texas 79000 Office (512 1252-9737 - FAX: (5121252-9531 i:./arr • �. alf•*L 1111 /!U IIIIIMIt 1111 1111111110' 0 III %_ l �(ti OF j / 7• l ONALD M. COOKSTON +\ tt y 4 733 v �s-� t9/tiO°Pesssl eAurr uR Registered Professional Land Surveyor, No. 4733 TACT 5 BEING 2.4958 acres of land in the Joseph Marshall Survey, Abstract No. 409, in Williamson County, Texas, and being Lot 5 out of the South 30.00 acres of a 76.00 acre tract of land conveyed by deed dated May 16, 1947 from Paul T. Brown and wife, Flossie Brown, to M. H. Freeman and wife, Vera Maurine Freeman, of record in Volume 343, Page 229 of the Deed Records of said County and State, more particularly described as follows: BEGINNING at an iron pin in the West boundary line of said 30.00 acre tract and the West boundary line of said 76.00 acre tract marking the Southwest comer of said Lot 5, said point bears WEST, 859.31 feet and N 00' 18' 00" W, 504.98 feet from the Southeast corner of said survey' THENCE, with the fence along the West boundary line of said 30.00 acre tract and the West boundary line of said 76.00 acre tract, N 00' 18' 00" W, 252.02 feet to an iron pin set for the Northwest comer hereof, said point also being the Southwest corner of Lot 7 of said 30.00 acre tract; THENCE, leaving the West boundary hereof, and continuing along the common boundary line of Lots 5 and 7, S 89' 55' 00" E, 432.25 feet to an iron pin for the Northeast corner hereof, said point also being the common comer of Lots 5, 6, 7 and 8 of said 30.00 acre tract; THENCE, along a common boundary line of Lots 5 and 6, S 000 05' 00" W, 252.01 feet to an iron pin for the Southeast corner hereof, said point also being the common comer of Lots 3, 4, 5 and 6; THENCE, along the common boundary line of Lots 5 and 3, N 89' 55' 00" W, 430.56 feet to the POINT OF BEGINNING, containing 2.4958 acres of land more or less. Y� U18racE 678 TRACT 1: go EXHIBIT "A• TRACT 7 BEING 2.5055 acres of land in the Joseph Marshall Survey, Abstract No. 409 in Williamson County, Texas, and being Lot 7 out of the South 30.00 acres of a 76.00 acre tract of land conveyed by deed dated May 16, 1947 from Paul T. Brown and wife, Flossie Brown to M. H. Freeman and wife, Vera Maurline Freeman, of record in Volume 343, Page 229 of the Deed Records of said County and State, more particularly described as follows. BEGINNING at an iron pin in the West boundary line of said 30.00 acre tract and the West boundary line of said 76.00 acre tract marking the Southwest corner of said Lot 7, said point bears WEST, 859.31 feet and N 00. 18' 000 W, 757.00 feet from the Southeast corner of said survey= THENCE, with the fence along the West boundary line of said 30.00 acre tract and the West boundary line of said 76.00 acre tract, N 00• 18' 00' W, 252.02 feet to an iron pin Set for the Northwest corner hereof; said point also being the Southwest corner of Lot 9 of said 30.00 acre tract: THENCE, leaving said West boundary line hereof and continuing" along the common boundary line of Lots 7 and 9, B 89" 55' 00" E, 433.93 feet to an iron pin set for the Northeast corner hereof,'said point also being the common corner of Lots 7, 8, 9, and 10 of said 30.00 acre tracts THENCE, along the common boundary line of Lots 7 and 8, 8 00° 05' 00' W, 252.01 feet to an iron pin for the Southeast corner hereof, said point also being the common corner of Lots 5, 6, 7, and 8 of said 30.00 acre tract; THENCE, along the common boundary lines of -Lots 7 and 5, N 89' 55' 00' W, 432.25 feet to the POINT OF BEGINNING, containing 2.5055 acres of land more or less. TOGETHER WITH THE FOLLOWING DESCRIBED EASEMENT FOR FREE EGRESS AND INGRESS SHALL CONSTITUTE AN APPURTENANCE TO THE SAID PROPERTY HEREIN DESCRIBED, SUCH EASEMENT AND ROADWAY BEING PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: • TRACT 21 . BEING 2.SIS3 ACRES OF LAND IN TIIE JOSEPH MARSNAt3 , SMET, AHSIR/.CT'1:0. ,:: 409 IN WILLIAMSON COUNT). TEXAS, AND UEING LOT 9 OUT OF 1IIE. S(('TH.3(1.(yt ACRES OF A 76.00 ACRE TRACT OF LAND CONVEYED 11• •ULEU DATED, i A :L6, 1947 FROM PAUL T. BROWN AND WIFE, FLOSSIE ER(h;R TO M. 11. FIIC[I;;,i AND 1:11.1:, VERA NAUR1NE FRELIIAI(, or RECORD IN VOLUME 343, FACE 229 or TH,L•,1'1;LiI, RECORDS OF SAID COUNTY AND STATE, NICE 1'ART)CUL/.CU UEFCE1 iit1►, ;;F .' 0l.lfidY; EEGIWNINC at an iron pin in the Fest boundary line'0f said 20.110 lase tract and this Vest boundary line of said 76.00 acre tract aar;;in( the southwest corner of said Lot 9, said point bears (;est, 859.31 fhet ar.E N 00' 1E 00 1, 1009,02 feet from the Southeast corner of acid Fu n•ay; THENCE, with the • fence along the Vest boundary line of said 30.(.0 r•cre tract and the West boundary line of said 76.00 acre trect, 1: 00' 18' 00" W. 252.02 feet to an iron pin set for the Northwest corner hertof, said point also being the Southwest corner of Lot 11 of said 20.00 core tract; THENCE, leaving said West boundary line Hereof and continuing along the common boundary line of Lots 9 and 11, S 89' 55' 00" E, 435.62 feet to en iron pin sec for the Northeast corner hereof,,seid point elf() being the common corner of Lots 9, 10, 11 and 12 of said 30.00 acre tract; TrMNCE, along the cczron boundary line of Lots 9 end 10, S 00' 05' 0'J" V, 252.01 feet to an iron pin set for the Sou.theast ccr�ner hereof, ra'd point also being the cosnoncorner of Lots 7, 8, 9 end 10 of said 30.00 ere tract; T"r.ENCE, along the common boundary line of Lots 9 and 7, :' E9' 55' 00" V, 433.93 feet to the POINT OF EL -GINNING, containing 2.5153 acres of land more or less. n a 7d i= CZ a: o n - ^, 0 CDd o o St PC▪ 5 co c/D rD >v n 0 2 0cn Z 0 d 0 • • •. . • • • TRACT 11 mimic! A1S.OF THAT CERTAIN ismer OR PAW10. 0R LAND 00!0! AND A PART 0r m RUM MARSHALL SHIM * TRACT NO. as, am= IN �+ COM?. 'IUA$, MID TRACT OF LAND MORS RAIMICO AAz.Y INISCIONID MS ALL OF THAT OIRTAIN TRACT OR LAID OONVzYlD HY ALAN mum MW COY Tb WJLuAM WHIM M'191 MW SANDRA DIVM alliTR 111 THAT =TAM WARRANTY DUD RIGID JIfp IN 'VOLUM 944, ?AO* '11I, me swoons ow WILLIANION COMM UZAR, SAID TRAM of LAND ANG 2.031 MISS OF LAND NM FULLY BY MR'!T8 AND ROUNDSnostoom0, *ea b oa pia bag b He Sot rias *Mt mak 207A3 a000 teat at bald corm* M L Lemon Hsdaaa by dud of woad he Vara 463, hie 304 of acid Dad Room's, at tine Na4taed maw deed Sikh tut r Owed sad are[ upon the wood, doe Wit the Nadrend raw elk Sou& Names ottbat tea* 76aaraitactsoave* toM.11. Velem lad Vee Femme by Deed reooided la Wine 543, Pqp 229, Deed Node d Moot Cody. Tow, der 6 Northam earner er and toPOINT OF 1110114141140 alae leads duatbed taw, TM/4M N19'SD'01'H, Atriowhv >ba No& lite of mil Smith tact r foxed aid ased wet the mend, 437.13 Hot to a HOW 8pie lard at t e meow Naked atm at add 66 tart and tis1gaetbesetoore ratlasbelchdeemedtmtt, TIMM 1100'33'5313► ibliordai the Eutaw child 66 tact, 231.27 hot to ars im pie 6wd at the append &eda ( comer aldd S tact ah Raced wad coed upas dee proatad, sags !odea the oe tedbo of a SR Ncooxalerhe ted ityYat•Way Somas of nerd i Whim 972 Fere 249. Maid Jtaoohis ofWilimedea Cowan, Maar, &du Sonllteert maw efts bode described too, roam Nti9'35'00"1it, Ria 6 south sp. anis smith t acs, * awed aid mad aeon tiro woad, 435.33 Rd 10 as boo pia food he AQ Feet alae of acid 207.43 awe De avec. [tact at the enema So direst maw ceded kith Mahon as *maxi aid goal gra io rnoase, for Cls SowHtr,est Gamer dila berth deeorbsdtmet, . T SCIL, p100'14'4917, lbllonriip ibe aoutaoa &,k* r he a( aid 6d* and Sodom tactic es 'Mead mad meal um 6 ar'w4 25042 Dot to the PiENT OF INGINNING ccaadahte 2321 Mae OfLied. main= Vahan 1 �iaitQ!llotwo so aaal hwttrdt� tlreaaoht awe Ri a4-Wtq► as daeibad is Batitrail Dr ete+wH. wJ.J. 4241 • MiraI • • 1713 Auk T r ,! �i�'JZMDtXJt em f1 46 Capital auto 7 � pU 947-9$05 Fete (512) 3479510 >ni 1085PAGE 898 BEM 2.50 acres of land in the Joseph Marshall Survey, Williamson County, Texas,eL, Abstract No. 409 i n portion of the being further described as Lot 12 out of the Northeast 5 South 30.00 acres of a 76.00 acre tract of land conveyed by Deed ' dated May 1,, 1947 fun Paul T. Brown and wife, Flossie Brown to M.H. Freeman and wife, Vera Maurine Freeman, recorded in Volume 343, Page 229, Deed Records of said County and State, more particularly described as foliewss BEGINNING at an iron pin found in the West Right-of-way line of County Road 122, also being the Northeast corner of said 30.00 acre tract, said point bears N 00.05100";E, 1512.15 feet from the common Southeast corner of said 30.00 acre tract, said:76.00 acre tract and said survey, for the Northeast corner hereof; THMICE, with the common East line of said 30.00 acre aid 7600 ae tr and said survey, said line also being the West Rightrof-way line of. said«County road, S 00°05'00" W at 227.40 feet pass an iron pin set for the Northeast corner of a 50.00 foot wide easement, 252.40 feet to Point A, being an iron pin set for the Southeast corner of said Lot, said point also being the Northwest corner of Lot 10 and the center line of said easement; THENCE, leaving said line and continuing and Lot 12, 'also beingthe center line of with the eascomemeonnt, boundary89°65' 0" W of 15.00 line said easement, N 89°6S'00" W at 15.00 feet Pass the Easterly line of a 15.00 foot wide easement described below, 432.13 feet to an iron pin set marking the Easterly terminus of said easement and the common corner of Lots 9, 10, 11 and 12 for the Southwest corner hereof; THENCE, leaving said line and con and 12, N 00°05'00" E at 25.00 feetthetor went oorrnner of Line 5of Lots 0.00 foot l easement, 251.69 feet to an iron pin set on the Northerly bo 30.00 acre tract for the Northwest corner hereof; man' line of said TELNCE, leaving said line and continuing with the Lot 12 and said 30.00 acre tract, N 89°59'20" E, at common7.13 feet passline boundary of line of said'15.00 foot easement, 432.13 feet to the POINT 0? BE the containing 2.50 acres of land, more or less., containing • TRACT 12 E70 IT "A" 1 EXHIBIT B-2 DESCRIPTION OF PARCEL 2 Parcel 2 consists of Tracts 4, 6 and 8 of the unrecorded subdivision of Highland Terrace, as more particularly described in the following field notes. TRACT 4 2.50 acres of land being that same property granted to Morris D. Clark and recorded in Volume 2154, Page 788, Official Public Records of Williamson County, Texas, said property is referred to in the Clark Deed as- "sometimes known as Lot 4 Highland Terrace an unrecorded subdivision in Williamson County, Texas" said 2.50 acres being more particularly described by metes and bounds as follows: BEGINNING at a %2" iron rod found at the southwest comer of the Clark property, said rod is a common corner the Carlin tract (V.1747 P. 414), the Rasafar and Leo tract. (Doc. 20033015931) and the Sohns tract (Doc. 9806771), same being the Southwest comer of the herein described tract and the P.O.B. hereof THENCE, along the dividing line of the Clark and Sohns tracts N 00' 05' 27" E, (bearing basis) 252.05 ft. to a 1/2" iron rod found at the common comer of said tracts, same being a common comer of two other Morris D. Clark tracts (both recorded in V. 2153 Pg.775), for the Northwest comer hereof THENCE, along the North line of the herein described tract, S 89' 42' 02" E, 432.13 ft. to the Northeast comer hereof (no monument recovered) being on the West r -o -w line of Red Bud Lane, and from which a 1/2" capped iron rod found as a witness to the Northeast corner bears N 89' 42' 02" W, 38.19 ft. THENCE along the East line at the herein described tract and the West r -o -w line of Red Bud Lane, S 00' 05' 25" W, 250.55 ft., to the Southeast comer hereof (no monument recovered), and from which a 4" capped iron rod found as a witness to the Southeast comer bears, N 89' 54' 00" W, 36.28 ft. THENCE, along the dividing line of the above said Clark and Carlin tracts, N 89' 54' 00" W, 432.13 ft. to the P.O.B. TRACT 6 BEING 2.50 acres of land in the Joseph Marshall Survey, Abstract No. 409 in Williamson County, Texas, being Lot 6 out of the South 30.00 acres of a 76.00 acre tract of land conveyed by deed dated May 16, 1947, from Paul T. Brown and wife, Flossie Brown, to M. H. Freeman and wife, Vera Maurine Freeman, of record in Volume 343, Page 229 of the Deed Records of said County and State, more particularly described as follows: BEGINNING at an iron pin found in the west Right-of-way line of County Road 122, also being on the East boundary of said 30.00 acre tract, said point bears N 00' 05' 00" E, 755.73 feet from the common Southeast comer of said 30.00 acre tract, said 76.00 acre tract and said survey for the Northeast comer hereof said Point B, said Point also being the center line of a 50.00 foot wide easement; THENCE, with the common East line of said 30.00 acre tract, said 76.00 acre tract and said survey, said line also being the West Right-of-way line of said County road, S 00'05' 00" W at 25.00 feet pass an iron pin set for the Southeast comer of a 50.00 foot wide easement, 252.40 feet to Point A, being an iron pin set for the Southeast corner of said lot, said point also being the Northeast comer of Lot 4; THENCE, leaving said line and continuing with the common boundary line of Lots 4 and 6, N 89' 55' 00" W at 15.00 feet pass the Easterly line of a 15.00 foot wide easement described below, 432.13 feet to an iron pin set marking the Southwest corner hereof, said point also being the common comer of Lots 3, 4, 5, and 6; THENCE, leaving said line and continuing with the common boundary line of Lot 5 and Lot 6, N 00' 05' 00" E, at 227.01 feet pass the Southwest comer of said 50.00 foot wide easement, 252.01 feet to an iron pin set for the Northwest corner hereof, said point also being the center line of said 50.00 foot wide easement, said point also being the common comer of Lots 5, 6, 7 and 8; THENCE, leaving said line and continuing with the common boundary line of Lot 6 and Lot 8, N 89' 55' 00" E, at 417.00 feet pass the Easterly line of said 15.00 foot wide easement, 432.13 feet to the POINT OF BEGINNING, containing 2.50 acres of land more or less, (the "Property"). TRACT 8 BEING 2.50 acres of land in the Joseph.Marshall Survey, Abstract No. 409 in Williamson County, Texas, being further described as Lot 8 out of the South 30.00 acres of a 76.00 acre tract of land conveyed by deed dated May 16, 1947, from Paul T. Brown and wife Flossie Brown to M. H. Freeman and wife Vera Maurine Freeman, recorded in Volume 343, Page 229, Deed Records of said County and State, more particularly described as follows: BEGINNING at an iron pin found in the West Right-of-way line of County Road 122, also being on the East boundary of said 30.00 acre tract, said point bears N 00' 05' 00' 5, 1007.74 feet from the common southeast corner of said 30.00 acre tract, said 76.00 acre tract and said survey, for the Northeast corner hereof' THENCE, with the common East line of said 30.00 acre tract, said 76.00 acre tract. and said survey,' said line also being the West Right-of-way line of said County road, S 00 05' 00" W at 227.01 feet pass an iron.pin set for the Northeast corner -of a 50.00 foot wide easement, 252.40 feet to Point A, being an iron pin set for the. Southeast' corner of said lot, said point also being the Northeast corner of Lot 6 and the center line of said easement: THENCE, leaving said line and continuing with the common boundary line of Lot 6 and Lot 8, also being the center line of said easement, N 89. 55' 00" W at 15.00 feet pass the Easterly line"of a 15.00 foot wide easement described below, 432.13 feet to an iron pin set marking the Westerly terminus of said 50.00 foot easement, the common corner of Lots .5, 6, 7, and 8 for the Southwest corner hereof' THENCE, leaving said line and continuing with the common boundary line Of Lots 7 and 8. N 00' 05' 00" E at 25.00:. feet pass the Northwest corner of said 50.00 foot ease- ment, 252.01 feet to an iron pin set on the common bound- ary line of Lot 8 and Lot 10 of said 30.00 acre tractfor the Northwest corner hereof' THENCE leaving said line and continuing with the common North boundary .line of.Lot 8 and Lot 10, 5 89° 55' 00" E at 417.13 feet pass the Westerly.line of said. 15.00 foot.. easement, 432.13 feet to.the POINT OF BEGINNING, contain- ing 2.50 acres of land more or less. EXHIBIT B-3 DESCRIPTION OF PARCEL 3 Parcel 3 consists of Tract 2 of the unrecorded subdivision of Highland Terrace, as more particularly described in the following field notes. • • • TRACT 2 .01 0L1747PAG1416 SURVEY NO. 89005 2.500 ACRES EXHIBIT "A" BEING 2.500 ACRES OP LAD OUT OP THE JOSEPH MARSHALL SURVEY ABSTRACT NO. 409, SITUATED IN WILLIAMSON COUNTY, TEXAS, BEING LOT 2 OF HIGHLAND TERRACE, AN UNRECORDED SUBDIVISION, AND BEING ALL OF THAT CERTAIN 2.500 ACRE TRACT OF LAND CALLED TRACT 1 DESCRIBED IN VOLUME 855, PAGE 340, WILLIAMSON COUNTY DEED RECORDS, $AID 2.500 ACRES OF LAD BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod found on the west right-of-way line of County Road No. 122, being the southeast corner of the said Lot 2, for the southeast corner hereof: THENCE, with the south line of the said Lot 2, N89•57'22"E, 432.18 feet to an iron rod found at the southwest corner of said Lot 2, being the southeast corner of Lot 1, for the southwest corner hereof; .THENCE, with the west line of said Lot 2, N00.05'33"E, at 227.15 feet passing an iron rod found, continuing on, in all, a total of 252.22 feet to an iron rod found at the northwest corner of said Lot 2, being the southwest corner of Lot 4, for the northwest corner hereof; THENCE, with the north line of said Lot 2, being the south line of said Lot 4, S89'53143"E, 432.14 feet to an iron rod found on the west line of the said County Road No. 122, at the northeast corner of said Lot 2, being the southeast corner of said Lot 4, for the northeast corner hereof; THENCE, with the west line of the said County Road No. 122, 800.05'00"W, at 24.83 feet passing an iron rod found, continuing on, in all, a total of 251.76 feet to the PLACE OF BEGINNING. containing 2.500 acres of land, more or less. W ENGINEERING, INC. / Paul L. Easley, Regist= ed Public Surveyor No. 4432 HATE OFDIAAS COUNTY OF 1 **yes* eat N ens MED on the date sod the Lite stamped ATatmhos duty RECORDED. in the Vo e ue sad • of the named RECORDS°, MPage ped hereon b n JAN 2rS t M COUN1Yh^K0 WILLIAMSON COUNTY. TEXAS Date 04 Z Hd ' Z NV ,:i. EXHIBIT C DEVELOPMENT STANDARDS FOR PARCEL 1 In accordance with Section 11.314 of the Round Rock Zoning Ordinance, the following use regulations, design standards and development standards shall apply to all development on the portion of the Property identified as Parcel 1 on the Parcel Map, attached to this ordinance as Exhibit "B", and further described by metes and bounds in Exhibit 'B-1". Unless otherwise defined, all terms used shall correspond to the definitions in the City of Round Rock Code of Ordinances. 1. HOURS OF OPERATION Office hours shall not begin before 7:00 a.m. nor extend past 7:00 p.m. 2. BUILDING SIZE Individual buildings shall be limited to a maximum size of 4,000 square feet of gross floor area. More than one building may be located on a lot. 3. ORIENTATION Buildings within one hundred and fifty (150) feet of the rear property line abutting Lake Forest and Forest Ridge Subdivisions shall be generally aligned parallel with the rear property line. Front doors or any doors used for loading purposes on new buildings, including gates on dumpsters, shall not face directly onto the required fifty (50) foot landscape buffer abutting Lake Forest or Forest Ridge Subdivisions. Buildings within fifty (50) feet of 1620 Red Bud Lane shall be generally aligned parallel with the property line of 1620 Red Bud Lane. Front doors or any doors used for loading purposes on new buildings, including gates on dumpsters, shall not face directly onto the required twenty-five (25) foot landscape buffer abutting the western and northern property lines of 1620 Red Bud Lane. 4. FENCING Compatibility fencing required by the Code shall be installed prior to site development and building construction. 5. DESIGN STANDARDS 5.1 Masonry The exterior finish of all buildings shall be stone or brick, except for doors, windows and trim. Cement -based stucco may be used in combination with tile roofing only. 5.2 Pitched Roof Roof sections shall have a pitch no less than 4:12 and no greater than 8:12. 5.3 Roofing Materials Roofing material shall be 25 -year architectural dimensional shingles, tile, concrete or standing seam pre -finished metal. The color shall be restricted to earth tones (shades of brown, grey or green). 6. SETBACKS 6.1 Prohibited Structures within 150 Feet Detention facilities, light fixtures above three (3) feet high, dumpsters, drive aisles and parking areas are not permitted within one hundred fifty (150) feet of a property line abutting Lake Forest or Forest Ridge Subdivisions unless they are screened from the abutting Lake Forest or Forest Ridge lots by an intervening building. 6.2 Prohibited Structures within 50 Feet Notwithstanding Section 6.1 above, no structures are permitted within fifty (50) feet of a property line abutting Lake Forest or Forest Ridge Subdivisions except for the required compatibility fencing. This area shall be used for landscaping or open space only (including the required fifteen (15) foot landscape buffer in accordance with Section 11.501 of the Round Rock Zoning Ordinance, with the remaining area planted with grasses, groundcover and/or more intensive landscaping). 6.3 Setbacks Abutting 1620 Red Bud Lane No structures are permitted within twenty-five (25) feet of a property line abutting the tract located at 1620 Red Bud Lane except for the required compatibility fencing. This area shall be used for landscaping or open space only (including the required fifteen (15) foot landscape buffer in accordance with Section 11.501 of the Round Rock Zoning Ordinance, with the remaining area planted with grasses, groundcover and/or more intensive landscaping). In addition, light fixtures above three (3) feet high and dumpsters are not permitted within fifty (50) feet of a property line abutting the tract located at 1620 Red Bud Lane. In the event that the zoning on the tract located at 1620 Red Bud Lane is changed to a zoning district other than single-family residential, the restrictions specified in this Section 6.3 may be administratively amended in accordance with Section II.13. 6.4 Setbacks and Access Easements In the event that existing access easements abut a property line, setbacks and required landscape buffers shall be measured from the boundary of the access easement rather than the property line. 7. CONVERSION OF EXISTING RESIDENCES The following exceptions apply to existing residences, as of the date of this Plan, that are converted for office use. These exemptions do not apply if additions are made to an existing residence. 7.1 Compatibility Landscaping and Fencing Existing residences may be converted for office use without installing the fifteen (15) foot landscaped buffer adjacent to single-family zoned lots required by Code. Only compatibility fencing shall be required. The requirement for compatibility fencing shall only apply to property lines abutting Lake Forest or Forest Ridge Subdivisions. 7.2 Street Yard Landscaping Only the landscaping requirements associated with parking area screening shall be required for existing residences converted for office use. Additional street yard requirements shall not apply. 7.3 Size and Height Existing residences greater than 4,000 square feet and more than one (1) story may be used in their entirety as offices. 7.4 Design Standards Existing residences converted for office use are exempt from the design standards specified in Section 4 of this Exhibit "C". 7.5 Utilities The requirement for underground utilities shall not apply to existing residences converted for office use. 7.6 Setbacks Existing residences in violation of the setbacks established by this Plan shall be considered legally non -conforming and shall be allowed to remain in place but not expanded. EXHIBIT D DEVELOPMENT STANDARDS FOR PARCEL 2 In accordance with Section 11.314 of the Round Rock Zoning Ordinance, the following use regulations, design standards and development standards shall apply to all development on the portion of the Property identified as Parcel 2 on the Parcel Map, attached to this ordinance as Exhibit "B", and further described by metes and bounds in Exhibit "B-2". Unless otherwise defined, all terms used shall correspond to the definitions in the City of Round Rock Code of Ordinances. 1. BUILDING SIZE Individual buildings within one hundred (100) feet of the northern boundary of Parcel 2 shall be limited to a maximum size of 4,000 square feet of gross floor area. More than one building may be located on a lot. 2. ORIENTATION Buildings within one hundred and fifty (150) feet of the northern boundary of Parcel 2 shall be generally aligned parallel with the northern boundary line of Parcel 2. Front doors or any doors used for loading purposes on new buildings, including gates on dumpsters, shall not face directly onto the required fifty (50) foot landscape buffer abutting the northern boundary of Parcel 2. 3. FENCING Compatibility fencing required by the Code shall be installed along the northern boundary of Parcel 2 prior to site development and building construction. 4. SETBACKS 4.1 Prohibited Structures within 150 Feet Detention facilities, light fixtures above three (3) feet high, dumpsters, drive aisles and parking areas are not permitted within one hundred fifty (150) feet of the northern boundary of Parcel 2 unless they are screened from the adjacent property by an intervening building. 4.2 Prohibited Structures within 50 Feet Notwithstanding the above, no structures are permitted within fifty (50) feet of the northern boundary of Parcel 2 except for the required compatibility fencing. This area shall be used for landscaping or open space only (including the required fifteen (15) foot landscape buffer in accordance with Section 11.501 of the Round Rock Zoning Ordinance, with the remaining area planted with grasses, groundcover and/or more intensive landscaping). 5. CHANGES TO REGULATIONS In the event that the zoning on the adjacent property to the north of Parcel 2 is changed to a zoning district other than single-family residential, the restrictions specified in this Exhibit "D" may be administratively amended in accordance with Section II.13. icing jjeumm � is.s�� ■ lin` 41I11$ 11:1411115.11,4plinreinglir1 b. whim um NM rr r rr ■�r sr u r •• vim smi ri ri 1..1 404* UIVX pj sr, ro um ail wiiii um ow Ammon i 1 ,1 :���►�.: ail1� :,� rt�sttt�treia Num 0af 1 OS :� i ��` ��tttttrr�" s�l�r►, MP a� sore t_' "RAW nft 011161 ' la--r !I . ..�r.. rt MI r Vis.... Sr r� sr_ se Mtas1■� DEVELOPMENT PARCELS 111 MaiParcel 1 Tract 6 .,acts Parcel Tract 2 Tract 3 Tract 4 111.41 T`°", parcel3 Tract 11 Tract 7 Tract 12 JENKINSON Tract 8 DATE: June 1, 2006 SUBJECT: City Council Meeting - June 8, 2006 ITEM: 9.B.2. Consider an ordinance zoning 5.816 acres and 16.004 acres of land located at the S.E. corner of Teravista Parkway and Oakmont Drive to C -la (General Commercial - Limited) and MF (Multifamily), respectively. Department: Planning and Community Development Department Staff Person: Jim Stendebach, Director Justification: This property was changed on the Future Land Use Map from Business Park to Mixed Land Use as part of the first phase of revisions to the General Plan. This designation was given due to the unique location of the tract between the new outlet mall (to the west) and the Teravista subdivision (to the east). Accordingly, the applicant has requested commercial zoning (C -1a) on the west side of the property and multifamily zoning on the east side. Staff recommends approval. Funding: Cost: N/A Source of funds: N/A Outside Resources: N/A Background Information: The Planning and Zoning Commission recommended approval of the proposed zoning at their May 3, 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 May 3, 2006. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ::DPGS THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK 2006104332 I, CHRISTINE R. MARTINEZ, City Secretary of the City of Round Rock, Texas, do hereby certify that I am the custodian of the public records maintained by the City and that the above and foregoing is a true and correct copy of Ordinance No. Z -06-11-21-9B2 concerning the rezoning of 27.5 acres, known as Highland Terrace. This ordinance was approved and adopted by the City Council of the City of Round Rock, Texas, at a meeting held on the 21st day of November 2006. The minutes of this meeting are recorded in the official City Council Minute Book No. 54. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 28th day of November 2006. (-JuutEitiu. CHRISTINE R. MARTINEZ City Secretary ORDINANCE NO. - 0(o - 0(0-08-98a AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), 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 ZONE 5.816 ACRES OF LAND, MORE OR LESS, OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, IN WILLIAMSON COUNTY, TEXAS, AS DISTRICT C -la (GENERAL COMMERCIAL - LIMITED), AND TO ZONE 16.004 ACRES OF LAND, MORE OR LESS, OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, IN WILLIAMSON COUNTY, TEXAS, AS DISTRICT MF (MULTIFAMILY). 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 a 5.816 acre tract of land, more or less, out of the Ephraim Evans Survey, Abstract No. 212, in Williamson County, being more fully described in Exhibit "A", attached hereto and incorporated herein, as District C -la (General Commercial - Limited), and to zone a 16.004 acre tract of land, more or less, out of the Ephraim Evans Survey, Abstract No. 212, in Williamson County, being more fully described in Exhibit attached hereto and incorporated herein, as District MF (Multifamily), 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 3rd day of May, 2006, following lawful publication of the notice of said public hearing, and PFDesktopA::01MA/»:RLDOX/0:/WDOX/DRDINI,NC/060608B2.WPD/rmc 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 property described in Exhibit "A" be zoned as District C -la (General Commercial - Limited), and that the property described in Exhibit "B" be zoned as District MF (Multifamily), and WHEREAS, on the 8th day of June, 2006, 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 and Section 11.400, 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: I. That the Official Zoning Map adopted in Section 11.401(2)(a), 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" is hereafter designated as District C -la (General Commercial - Limited), and that the zoning classification 2 of the property described in Exhibit "B" is hereafter designated as District MF (Multifamily). 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. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. 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. day READ, PASSED, and ADOPTED on first reading this of �VtJ Y L.L,� 2006. Alternative 2. READ and APPROVED on first reading this the day of , 2006. READ, APPROVED and ADOPTED on second reading this the day of , 2006. 3 ATTEST: 2JLLQTflVWR.Th NYLE MAXWELL, Mayor City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretar 4 5.816 ACRES PA -32 TRACT EXHIBIT b D a "A" DESCRIPTION FN. NO. 06-145(MM) MARCH 22, 2006 BPI JOB NO. 1149-45.91 OF 5.816 ACRES OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, SITUATED IN WILLIAMSON COUNTY, TEXAS, BEING ALL OF THAT CERTAIN 0.533 ACRE TRACT OF LAND CONVEYED TO NNP-TERAVISTA, LP BY DEED OF RECORD IN DOCUMENT NO. 2005021077 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS AND ALSO BEING A PORTION OF THE REMAINDER OF THAT CERTAIN 107.44 ACRE TRACT OF LAND CONVEYED TO NNP-TERAVISTA, LP OF RECORD IN DOCUMENT NO. 2001001639 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 5.816 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING, at a 1/2 inch iron rod found way line of Teravista Parkway (R.O northeasterly corner of Lot 1, Block "A" and White Subdivision Section One Cabinet Plat Records of Williamson County, Texas; THENCE, leaving the westerly line of Teravista Parkway, along northerly line of said Lot 1, Block "A", the following two courses and distances: in the westerly right -of - .W. varies), being the , The Final Plat of Scott AA, Slides 328-329 of the the (2) 1) S65°58'18"W, a distance of 497.55 feet to a 1/2 inch iron rod with cap found for an angle point; 2) N81°00'20"W, a distance of 334.75 feet to a 1/2 inch iron rod with cap set for POINT OF BEGINNING, and southeasterly corner hereof; THENCE, N81°00'20"W, continuing along the northerly line of said Lot 1, Block "A" for the southerly line hereof, a distance of 250.00 feet to a 1/2 inch iroii rod with cap set in the easterly line of Lot 2, Block "A", The Final Plat of CPG Partners Commercial Tract Section 2, a subdivision of record in Cabinet BB, Slides 84- 85 of said Plat Records, same being the easterly right-of-way line of future Oakmont Drive for the southwesterly corner hereof; THENCE, along the easterly line of said Lot 2, Block "A", same being the easterly line of future Oakmont Drive and the easterly line of said 0.533 acre tract for the westerly line hereof, the following four (4) courses and distances: 1) Along a non -tangent curve to the left having a radius of 2300.00 feet, a central angle of 17°33'19", an arc distance of 704.71 feet and a chord which bears N00°06'36"E, a distance of 701.96 feet to a 1/2 inch iron rod found for the end of said curve; FN NO. 06-145(MM) MARCH 22, 2005 PAGE 2 OF 3 2) N08°40'03"W, a distance of 185.24 feet to a 1/2 inch iron rod found for the point of curvature of non -tangent curve to the right; 3) Along said non -tangent curve to the right having a radius of 1250.00 feet, a central angle of 01°54'00", an arc distance of 41.45 feet and a chord which bears N07°43'03"W, a distance of 41.45 feet to a 1/2 inch iron rod found for the end of said non -tangent curve; 4) N38°18'53"E, a distance of 50.49 feet to a 1/2 inch iron rod found at the intersection of said easterly line with the southerly line of Teravista Parkway (R.O.W. varies), being the most northerly corner of said 0.533 acre tract, same being the southwesterly corner of that certain 0.246 acre Dedication for Right -of -Way conveyed to Williamson County, Texas by deed of record in Document No. 2005039367 of said Official Public Records for the northwesterly corner hereof; THENCE, along the southerly line of Teravista Parkway, being the southerly line of said 0.246 acre Right -of -Way Dedication for the northerly line hereof, the following two (2) courses and distances: 1) Along a non -tangent curve to the left having a radius of 649.00 feet, a central angle of 01°33'17", an arc length of 17.61 feet and a chord which bears N75°04'03"E, a distance of 17.61 feet to a 1/2 inch iron rod with cap set for the end of said non -tangent curve; 2) N74°17'24"E, a distance of 201.68 feet to a 1/2 inch iron rod with cap set for the northeasterly corner hereof; THENCE, leaving the southerly line of Teravista Parkway, over and across said remainder of 107.44 acre tract for the easterly line hereof, the following three (3) courses and distances: 1) Along a non -tangent curve to the left having a radius of 1000.00 feet, a central angle of 05°53'07", an arc distance of 102.72 feet and a chord which bears S05°43'30"E, a distance of 102.67 feet to a 1/2 inch iron rod with cap set for the end of said curve; 2) S08°40'03"E, a distance of 185.24 feet to a 1/2 inch iron rod with cap set for the point of curvature of a curve to the right; FN NO. 06-145(MM) MARCH 22, 2005 PAGE 3 OF 3 3) Along said curve to the right having a radius of 2550.00 feet, a central angle of 17°33'57", an arc length of 781.78 feet and a chord which bears S00°06'55"W, a distance of 778.72 feet to the POINT OF BEGINNING, containing an area of 5.816 acres (253,340 sq. ft.) of land, more or less, within these metes and bounds. BEARING BASIS: REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE BASED ON PUBLISHED NAD 83/93 HARN VALUES FOR THE CITY OF GEORGETOWN MONUMENTATION NETWORK. BURY+PARTNERS, INC. ENGINEERING SOLUTIONS 3345 BEE CAVE ROAD SUITE 200 AUSTIN, TEXAS 78746 JOHN T.BILNOSKI, R.P.L.S. NO. 499 STATE 0 TEXAS 0 100 200 300 1"=200' LEGEND 400 • 1/2" IRON ROD FOUND O 1/2" IRON ROD WITH CAP SET P.O.B. POINT OF BEGINNING \,'1j ' 3 P.O.C. POINT OF COMMENCEMEIJT 0.246 AC. DEDICATION OF RIGHT-OF-WAY WILLIAMSON COUNTY, TEXAS DOC. N0. 2005039367 0.533 AC. NNP-TERAVISTA, LP DOC. NO. 2005021077 LOT 1, BLOCK "A' , / THE FINAL PLAT OF / CPG PARTNERS COMMERCIAL TRACT / SECTION 1/ CAB. BB, SLDS. 11-12 / / LOT 2, BLOCK 'A" , / THE FINAL PLAT OF /'ZI.V CPG PARTNERS/ COMMERCIAL TRACT / k. SECTION 2 / Q' z-' CAB. BB, 0,6 SLDS. 84--85 / /Q / / .1.J //,J / // UNE TABLE / 0 / / 41 / , 1 ice' / / '----I --I / TERAVJSTA SECTION 27 I- _ _I _ CAB. Z, SLDS. 254--256) I it /-- - -_/ / /\EApp � / / / / l l i ij- , , W8/DE , J -Sal� / / /\ i Z 0.____& / / \ \/ /\ \ / I \ 'Q \ \t\ \ \ 74 \ \ No. Bearing Distance L1 N81'00'20"W 250.00' L2 N08'40'03"W 185.24' L3 N38'18'53"E 50.49' L4 N74.17'24"E 201.68' L5 S08'40'03"E 185.24' CURVE E PHRA1M P.O.B. \ 7. \33g \ • s. No. Delta Radius Arc Length Chord Length Chord Bearing C1 17'33'19" 2300.00 704.71 701.96 N00'06'36"E C2 01'54'00" 1250.00 41.45 41.45 N07'43'03"W C3 01'33'17" 649.00 17.61 17.61 N75'04'03"E C4 05'53'07" 1000.00 102.72 102.67 S05'43'30"E C5 17'33'57" 2550.00 781.78 778.72 S00'06'55"W 5.816 ACRES (253,340 SQ. FT.) REMAJNDER OF 107.44 AC. NNP-TERAVJSTA DOC. NO. 2001001639 73 0 E VA1\1S SUR\/r Y A--2 1 2 ✓ P.O.C. S65'58'18"W 497.55' LOT 1, BLOCK 'A" , THE YJNAL PLAT OF SCOTT AND WHITE SUBDIVISION SECTION ONE CABINET AA, SLDS. 328-329 Bury+Partners ENGINEERING SOLUTIONS 3345 Bee Caves Road, Suite 200 Austin, Texas 78746 Tel. (512)328-0011 Fax (512)328-0325 Bury+Partnere, Inc. ©Copyright 2006 SKETCH TO ACCOMPANY DESCRIPTION OF A 5.816 ACRE TRACT OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, BEING A PORTION OF THE REMAINDER OF THAT CERTAIN 107.44 ACRE TRACT OF LAND OF RECORD IN DOCUMENT NO. 2001001639 AND ALL OF THAT CERTAIN 0.533 ACRE TRACT OF LAND OF RECORD IN DOCUMENT NO. 2005021077 BOTH OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SITUATED IN tMWAMSON COUNTY, TEXAS. NEWLAND COMMUNITIES DATE: 03/22/06 FILE: H: \1149\45\114945EX1. dwg FN No.: FN06-145(MM) DRAWN BY: MM PROJ. No: 1149-45.91 16.004 ACRES PA -32 TRACT EXHIBIT a ,IB" DESCRIPTION FN. NO. 05-641(MM) DECEMBER 7, 2005 BPI JOB NO. 1149-35.97 OF 16.004 ACRES OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, SITUATED IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF THAT CERTAIN 107.44 ACRE TRACT OF LAND CONVEYED TO NNP-TERAVISTA, LP OF RECORD IN DOCUMENT NO. 2001001639 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 16.004 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING, at a 1/2 inch iron rod found in the westerly right-of- way line of Teravista Parkway (R.O.W. varies), being the northeasterly corner of that certain 17.514 acre tract of land conveyed to Scott and White Memorial Hospital and Scott, Sherwood and Brindley Foundation by deed of record in Document No. 2005043916 for the southeasterly corner hereof; THENCE, leaving the westerly line of Teravista Parkway, along the northerly line of said 17.514 acre tract, being the southerly line hereof, the following two (2) courses and distances: 1) S65°58'18"W, a distance of 497.55 feet to a 1/2 inch iron rod with cap found for an angle point; 2) N81°00'20"W, a distance of 334.75 feet to a 1/2 inch iron rod with cap set for the southwesterly corner hereof; THENCE, leaving the northerly line of said 17.514 acre tract, over and across said remainder of 107.44 acre tract, along the westerly line hereof, the following three (3) courses and distances: 1) Along a non -tangent curve to the left having a radius of 2550.00 feet, a central angle of 17°33'57", an arc length of 781.78 feet and a chord which bears N00°06'55"E, a distance of 778.72 feet to a 1/2 inch iron rod with cap set for the end of said non -tangent curve; 2) N08°40'03"W, a distance of 185.24 feet to a 1/2 inch iron rod with cap set for the point of curvature of a curve to the right; 3) Along said curve to the right having a radius of 1000.00 feet, a central angle of 05°53'07", an arc length of 102.72 feet and a chord which bears N05°43'30"W, a distance of 102.67 feet to a 1/2 inch iron rod with cap set in the southerly line of Teravista Parkway (R.O.W. varies) for the northwesterly corner hereof; FN NO. 05-641(MM) DECEMBER 7, 2005 PAGE 2 OF 2 THENCE, along the southerly and westerly lines of Teravista Parkway, being the easterly line hereof, the following five (5) courses and distances: 1) N74°17'24"E, a distance of 14.37 feet to a 1/2 inch iron rod with cap set for the point of curvature of a curve to the right; 2) Along said curve to the right having a radius of 575.00 feet, a central angle of 102°04'50", an arc length of 1024.44 feet and a chord which bears S54°40'11"E, a distance of 894.23 feet to a 1/2 inch iron rod with cap found for the point of tangency of said curve; 3) S03°37'46"E, a distance of 125.88 feet to a 1/2 inch iron rod with cap found for the point of curvature of a curve to the left; 4) Along said curve to the left having a radius of 637.00 feet, a central angle of 15°15'40", an arc length of 169.67 feet and a chord which bears S11°15'36"E, a distance of 169.17 feet to a 1/2 inch iron rod with cap found for the point of tangency of said curve; 5) S18°53'26"E, a distance of 115.17 feet to the POINT OF BEGINNING, containing an area of 16.004 acres (697,141 sq. ft.) of land, more or less, within these metes and bounds. BEARING BASIS: REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE BASED ON PUBLISHED NAD 83/93 HARN VALUES FOR THE CITY OF GEORGETOWN MONUMENTATION NETWORK. BURY+PARTNERS, INC. ENGINEERS -SURVEYORS JOHN i. BILNOSKI, R.P.L.S. 3345 BEE CAVE ROAD NO. 4"98 SUITE 200 STATE OF TEXAS AUSTIN, TEXAS 78746 17,/l 04' 0 100 200 300 1"=200' / / — — -/ 7ERiVISTA �EC71Q 27 L– — –� I– I— \ CAB._ 400 /ii SLD9 6 = ) // I /.--.-)--W / '/, / / l \ 4 ME,q pow i `� _ LEGEND ,/ k _ / / ii 1Z/ / /- �/-u-- CgNE J // —1-----J 4�1 / / ; • 1/2" IRON ROD FOUND O 1/2" IRON ROD WITH CAP SET— — _L — P.O.B. POINT OF BEGINNING 0.533 AC. NNP-TERAVISTA, LP1 DOC. N0. 2005021077' / 2 o / Q // U Q / �J /// / / / UNE TABLE No. Bearing Distance L1 N08'40'03"W 185.24' L2 N74'17'24"E 14.37' L3 S03'37'46"E 125.88' L4 S18'53'26"E 115.17' CURVE TABLE 2ph � / L2 �// // \mss 6'2_ 7.4 16.004 ACRES (697,141 SQ. FT.) REMAINDER OF 107.44 AC. NNP-TERAVISTA LP DOC. N0. 2001001639 E PHRAJN1 EVANS SURVEY A--212 S• No. Delta Radius Arc Length Chord Length Chord Bearing C1 17'33'57" 2550.00 781.78 778.72 N00'06'55"E C2 05'53'07" 1000.00 102.72 102.67 N05'43'30"W C3 102'04'50" 575.00 1024.44 894.23 554'40'11"E C4 1515'40" 637.00 169.67 169.17 S11'15'36"E P.O.B. S65'58'18"W 497.55' 17.514 .AC. SCOTT AND WHITE MEMORIAL' HOSPITAL AND SCOTT, SHERWOOD AND BINDLEY I FOUNDATION DOC. NO. 2005043916 0 Bury+Partners ENGINEERING SOLUTIONS 3345 Bee Caves Road, Suite 200 Austin, Texas 78746 Tel. (512)328-0011 Fax (512)328-0325 Bury+Partners Inc. ®Copyright 2005 SKETCH TO ACCOMPANY DESCRIPTION OF A 16.004 ACRE TRACT OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, BEING A PORTION OF THE REMAINDER OF THAT CERTAIN 107.44 ACRE TRACT OF LAND OF RECORD IN DOCUMENT NO. 2001001639 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SITUATED IN WILLIAMSON COUNTY, TEXAS. NEWLAND COMMUNITIES DATE: 12/07/05 FILE: H: \1149\35\114935X43.dwg FN No.: FN05-641(MM) DRAWN BY: MM PROJ. No: 1149-35.97 Original Zoning of 5.816 acres to C-1a and 16.004 acres to MF W Z - -------- Tract A 5.816 ac. Tract B wy 16.004 ac. 01 3` �O Vri��-0s,