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Z-06-06-08-9B6 - 6/8/2006ORDINANCE NO. Z-06- O 0-Og- Q&P AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.305(2), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 29.909 ACRES OF LAND OUT OF THE N. B. ANDERSON SURVEY, ABSTRACT NO. 29, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT C-1 (GENERAL COMMERCIAL), SF -2 (SINGLE FAMILY -STANDARD LOT), AND MF (MULTIFAMILY) TO PLANNED UNIT DEVELOPMENT (PUD) NO. 68. WHEREAS, an application has been made to the City Council of the City of Round Rock, Texas to amend the Official Zoning Map to rezone 29.909 acres of land, out of the N. B. Anderson Survey, Abstract No. 29, in Round Rock, Williamson County, Texas, being more fully described in Exhibit "A" attached hereto, from District C-1 (General Commercial), SF -2 (Single Family -Standard Lot), and MF (Multifamily) to Planned Unit Development (PUD) No. 68, 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 WHEREAS, after considering the public testimony received at such hearing, the Planning and Zoning Commission has recommended that the Official Zoning Map be amended so that the zoning classification of the property described in Exhibit "A" be changed to PUD No.68, and @PFDesktop\::ODMA/WORLDOX/O:/WDOX/ORDINANC/060608B6.WPD/cdc 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 D p ' L day of l�jW r tJv 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 ELL, Mayor City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secre 4. 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 City Council has hereby determined the Planned Unit Development (PUD) No. 68 meets the following goals and objectives: (1) The development in PUD No. 68 is equal to or superior to development that would occur under the standard ordinance requirements. (2) P.U.D. No. 68 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) P.U.D. No. 68 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. 68 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. 68 will be constructed, arranged and maintained so as not to dominate, by scale and massing of structures, the immediate neighboring properties or 2. interfere with their development or use in accordance with any existing zoning district. II. That the Official Zoning Map adopted in Section 11.401(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. 68, and that the Mayor is hereby authorized and directed to enter into the Agreement and Development Plan for PUD No. 68 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 Resolution was adopted was postedand that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally actedupon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. 3. 29.909 ACRES OAKMONT CROSSING ZONING TRACT EXHIBIT " A " DESCRIPTION FN. NO. 05-629(DRK) DECEMBER 2, 2005 BPI JOB NO. 1055-06.09 OF 29.909 ACRES OF LAND OUT OF THE N. B. ANDERSON SURVEY ABSTRACT NO. 29, SITUATED IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN 64.984 ACRE TRACT OF LAND CONVEYED TO CHANDLER ROAD PROPERTIES L.P., BY DEED OF RECORD IN DOCUMENT NO. 2004099481 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 29.909 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING, at a 1/2 inch iron rod found in the easterly right-of- way line of Sunrise Road (County Road No. 115) (80' R.O.W.), being the southwesterly corner of Lot 2, Block "A" Oakmont Crossing Section One, a subdivision of record in Cabinet H, Slides 311-313 of the Plat Records of Williamson County, Texas, being the northwesterly corner of that certain 33.5728 acre tract of land conveyed to Canteberry Development, Ltd. by deed of record in Volume 2460, Page 29 of the Official Records of Williamson County, Texas and the southwesterly corner of said 64.984 acre tract, for the southwesterly corner hereof; THENCE, along the easterly line of Sunrise Road, being the westerly line of said 2 and Lot 1, Block "A" of said Oakmont Crossing Section One, being a portion of the westerly line of said 64.984 acre tract, for the westerly line hereof, the following three (3) courses and distances: 1) N17°45'18"W, a distance of 116.65 feet to a 1/2 inch iron rod found for an angle point; 2) N18°40'38"W, a distance of 968.73 feet to a 1/2 inch iron rod found for the point of curvature of a non -tangent curve to the right; Along said non -tangent curve to the right having a radius of 20.00 feet, a central angle of 90°01'12", an arc distance of 31.42 feet and a chord which bears N26°18'42"E, a distance of 28.29 feet to a 1/2 inch iron rod found in the southerly line of Hidden Valley Drive (60' R.O.W.), for the end of said curve; THENCE, along the southerly line of Hidden Valley Drive, being the northerly line hereof, the following five (5) courses and - distances: 1) N71°19'22"E, a distance of 87.84 feet to a 1/2 inch iron rod found for the point of curvature of curve to the right; FN. NO. 05-629(DRK) DECEMBER 2, 2005 PAGE 2 of 3 2) Along said curve to the right having a radius of 370.00 feet, a central angle of 23°59'58", an arc distance of 154.98 feet and a chord which bears N83°19'22"E, a distance of 153.85 feet to a 1/2 inch iron rod found for the end of said curve; 3) S84°40'38"E, a distance of 72.29 feet passing a 1/2 inch iron rod found for the northeasterly corner of said Lot 1 and continuing for a total distance of 558.04 feet to the point of curvature of a curve to the left; 4) Along said curve to the left having a radius of 280.26 feet, a central angle of 21°06'13", an arc distance of 103.23 feet and a chord which bears N84°46'16"E, a distance of 102.64 feet to a 1/2 inch iron rod found for the end of said curve; 5) N74°13'11"E, a distance of 185.01 feet to a 1/2 inch iron rod with cap set for southeasterly corner of the easterly terminus of Hidden Valley Drive, being the easterly line of that certain remainder of 101.37 acre tract of land conveyed to Logan E. Bartz, Michael L. Bartz and Susan Kay Bartz Mclaughlin by deed of record in Volume 1737, Page 318 of said Official Records, for the northeasterly corner hereof; THENCE, along a portion of the westerly and southerly lines of the remainder of said 101.37 acre tract, being a portion of the irregular easterly of said 64.984 acre tract, for a portion of the irregular easterly line hereof, the following two (2) courses and distances: 1) S15°46'49"E, a distance of 359.45 feet to a 1/2 inch iron rod with cap found for an angle point hereof, being the southwesterly corner of said remainder of 101.37 acre tract; 2) N79°52'03"E, a distance of 848.73 feet to a 1/2 inch iron rod found in the westerly line of Lot 10, Block "E", Laurel Ridge Section Six, a subdivision of record in Cabinet Q, Slides 318-320 of said Plat Records for an angle point hereof; THENCE, S02°41'32"E, continuing along a portion of the irregular easterly line hereof, being a portion of the irregular easterly line of said 64.984 acre tract and being in part the westerly line of said Laurel Ridge Section Six, a distance of 334.33 feet to a 1/2 inch iron rod found in the westerly line of Lot 17 of said Laurel Ridge Subdivision Section 6, being the southeasterly corner of said 64.984 acre tract and the northeasterly corner of said 33.5728 acre tract, for the southeasterly corner hereof; FN. NO. 05-629(DRK) DECEMBER 2, 2005 PAGE 3 of 3 THENCE, S71°06'28"W, along the southerly line of said 64.984 acre tract, being the northerly line of said 33.5728 acre tract, for the southerly line hereof, a distance of 1783.68 feet to the POINT OF BEGINNING, containing an area of 29.909 acres (1,302,845 sq. ft.) of land, more or less, within these metes and bounds. I, MARK J. JEZISEK, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THE PROPERTY DESCRIBED HEREIN WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION. A SURVEY EXHIBIT WAS PREPARED TO ACCOMPANY THIS FIELDNOTE DESCRIPTION. BURY & PARTNERS, INC. ENGINEERS -SURVEYORS 3345 BEE CAVE ROAD, SUITE 200 AUSTIN, TEXAS 78746 MARK R.P.L.S. dr. X267 STATE OF TEXAS TE ••w••••t �P• .......... G /ZFo u we...ee.e...oee•••e..........•e MARK J R'Y JE7 SFK (? 9 5267 ‘.,� "Q %°fEsS0Qee•0UO SUR 0 150 300 600 SCALE: 1"= 300' LEGEND • 1/2" IRON ROD WITH CAP FOUND O 1/2" IRON ROD WITH CAP SET P.O.B. POINT OF BEGINNING CURVE TABLE c iat T$. seseses•seess s oeeaena aosssasossssessd set, jroses 144046••• P oHALFrs wA). lso �g�NE7 RIoGE S R. o w)„Iv.31 C? No. Delta Radius Arc Length Chord Length Chord Bearing C1 90'01'12” 20.00 31.42 28.29 N2618'42"E C2 23'59'58" 370.00 154.98 153.85 N8319'22"E C3 21'06'13" 280.26 103.23 102.64 N84'46'16"E LINE TABLE No. Bearing Distance L1 N17'45'18"W 116.65' L2 N71'19'22"E 87.84' L3 S84'40'38"E 72.29' L4 S84'40'38"E 485.75' L5 N74'13'11 "E 185.01' L6 S15'46'49"E 359.45' L7 S02.41'32"E 334.33' LOT 1 BLOCK ' B' KMONT CROSSING CTION ONE IDES 311-313 CABINET H, LOT 2 LOGAN BARTZ SUSAN KAY BARTZ McLAUGHLIN MICHAEL LYNN BARTZ VOL. 1737, PG. 318 L6 64.984 ACRES CHANDLER ROAD PROPERTIES L.P., DOC. NO. 2004099481 J A7 d 0 O v • —J LoT 1 0 SUNRISE ROAD (CO. RD. NO. 115) (80' R.0.W.) 64.984 ACRES CHANDLER ROAD PROPERTIES L.P., DOC, NO, 2004099431 BLOCK •A' OAKMONT CROSSING SECTION ONE CABINET H, SLIDES 311-313 S71'06'28"W P.O.B. LOT 2 f N18'40'38"W 968.73' • L • 1 LOT 2 BLOCK ' B' OAKMONT CENTER SECTION THREE CABINET F, SLIDES 134-138 LOT 3 BLOCK • B' OAKMONT CENTER SECTION THREE CABINET E, SLIDES 134-138 SCOTT W. AND KRISTJNE K. JOHNSTON DOC. NO. 2004051296 LOT 3 BLOCK ' B' OAKMONT CENTER SECTION THREE CABINET E, SLIDES 134-138 32.5728 ACRES CANTEBERRY DEVELOPMENT, LTD. rn VOL. 2450, LOT 4 BLOCK ' B' OAKMONT CENTER SECTION THREE CABINET F, SLIDES 134-138 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 2005 SKETCH TO ACCOMPANY DESCRIPTION OF 29.909 ACRES OF LAND OUT OF THE N. B. ANDERSON SURVEY ABSTRACT NO. 29, SITUATED IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN 64.984 ACRE TRACT OF LAND CONVEYED TO CHANDLER ROAD PROPERTIES L.P., BY DEED OF RECORD IN DOCUMENT NO. 2004099481 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; JERRY WINTEROUB DATE: 12/02/05 FILE: H:\1097\07\109707EX1.dwg FN No.: 05-629(DRK) DRAWN BY: DRK PROJ. No: 1055-06.09 a EXHIBIT AGREEMENT AND DEVELOPMENT PLAN EPOCH PROPERTIES, INC. PUD PLANNED UNIT DEVELOPMENT NO. 68 THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS AGREEMENT AND DEVELOPMENT PLAN (this "Agreement") is made and entered by and between the CITY OF ROUND ROCK, TEXAS, a Texas municipal corporation, having its offices at 221 East Main Street, Round Rock, Texas 78664 (hereinafter referred to as the "City"), and Chandler Road Properties, L.P., by CRP Administration, LLC, its General Partner, its successors and assigns, having their offices at 515 Congress, Suite 110, Austin, Texas 78701 (hereafter referred to as the "Owner"). For purposes of this Agreement, the term Owner shall mean Chandler Road Properties, L.P., its 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 29.909 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 a Development Plan setting forth the development conditions and requirements within the PUD, which Development Plan is contained in Section II of this Agreement; and WHEREAS, the City has held two public hearings required by law to solicit input from all interested citizens and affected parties; and WHEREAS, on May 3, 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 Development Plan and determined that it promotes the health, safety, and general welfare of the citizens of Round Rock and that it complies with the intent of the Planned Unit Development Ordinance of the City; NOW THEREFORE BY THIS AGREEMENT WITNESSETH that, in consideration of the covenants and conditions set forth herein, the City and the Owner agree as follows: I. GENERAL PROVISIONS 1. CONFORMITY WITH DEVELOPMENT PLAN That all uses and development within the Property shall conform to the Development Plan included in Section II herein. 2. CHANGES AND MODIFICATIONS No changes or modifications will be made to this Agreement or the Development Plan unless all provisions pertaining to changes or modifications as stated in Section II.14 below are followed. 3. ZONING VIOLATION Owner understands that any person, firm, corporation or other entity violating any conditions or terms of the Development Plan shall be subject to any and all penalties for the violation of any zoning ordinance provisions as stated in Section 1.601, Code of Ordinances, (1995 Edition), City of Round Rock, Texas, as amended. 4. LIEN HOLDER CONSENT There is no lien holder of record with regard to the Property as of the date of this Agreement. 5. MISCELLANEOUS PROVISIONS 5.1 Assignment Neither party may assign its rights and obligations under this Agreement without having first obtained the prior written consent of the other which consent shall not be unreasonably withheld, conditioned or delayed. This section shall not prevent Owner from selling or leasing the Property or portions of the Property, together with all development rights and obligations contained in this Agreement and Development Plan. No consent shall be required in connection with such sale or lease of the Property provided the purchaser or lessee assumes -2- Owner's obligations in writing as to such portions of the Property, at which time the Owner shall be released from any further obligations. 5.2 Necessary Documents and Actions Each party agrees to execute and deliver all such other and further instruments and undertake such actions as are or may become necessary or convenient to effectuate the purposes and intent of this Agreement. 5.3 Severability In case one or more provisions contained of this Agreement are deemed invalid, illegal or unenforceable in any respect such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement and in such event, this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained in this Agreement. 5.4 Entire Agreement This Agreement constitutes the entire agreement of the parties and supersedes any prior or contemporaneous oral or written understandings or representations of the parties respecting the subject matter. 5.5 Applicable Law This Agreement shall be construed under and in accordance with the laws of the State of Texas. 5.6 Venue All obligations of the parties created hereunder are performable in Williamson County, Texas, and venue for any action shall be in Williamson County. 5.7 No Third Party Beneficiaries Nothing in this Agreement, express or implied, is intended to confer upon any person or entity, other than the parties hereto (and their respective successors and assigns), any rights, benefits or remedies under or by reason of this Agreement. -3- 5.8 Duplicate Originals This Agreement may be executed in duplicate original, each of equal dignity. 5.9 Notices Until changed by written notice thereof any notice required under this Agreement may be given to the respective parties, by certified mail, postage prepaid or by hand delivery to the address of the other party shown below: OWNER Chandler Road Properties, L.P. 515 Congress, Suite 110 Austin, Texas 78701 Attu : Jerald Winetroub, President 5.10 Effective Date CITY OF ROUND ROCK City of Round Rock, Texas 301 West. Bagdad, Suite 210 Round Rock, Texas 78664 Attic: Director of Planning This Agreement shall be effective from and after the date of due execution hereof by all parties. 5.11 Appeal of Administrative Decisions Administrative decisions provided for in this Agreement may be appealed to the City Council in writing within ninety (90) days following receipt by Owner of the written confirmation of the decision. 5.12 Binding Effect This Agreement and the Development Plan binds and benefits the Owner and its successors and assigns. 5.13 Sunset Clause In the event that a Site Development Permit has not been issued for the Property within three (3) years from the date that this Agreement is approved by City Council, this Agreement shall be automatically voided and the Property shall revert to the previous zoning districts of C-1 (General Commercial), MF (Multifamily) and SF -2 (Single Family - Standard Lot) as previously configured. -4- II. DEVELOPMENT PLAN 1. DEFINITIONS Words and terms used herein shall have their usual force and meaning, or as defined in the Code of Ordinances (1995 Edition), as amended, City of Round Rock, Texas, hereinafter referred to as "the Code." 2. PROPERTY This Development Plan ("Plan") covers approximately 29.909 acres of land, located within the city limits of Round Rock, Texas, and more particularly described in Exhibit 3. PURPOSE The purpose of this Plan is to ensure a development plan that 1) is equal to, superior than and/or more consistent than that which 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. 4. APPLICABILITY OF CITY ORDINANCES 4.1 Zoning and Subdivision Ordinances The Property shall be regulated for purposes of zoning and subdivision by this Plan. All aspects not specifically covered by this Plan shall be regulated by the MF (Multifamily) zoning district and other applicable sections of the Code. If there is a conflict between this Agreement and Plan and the Code, this Agreement and Plan shall supersede the specific conflicting provisions of the Code. 4.2 Other Ordinances All other Ordinances within the Code shall apply to the Property, except as -5- clearly modified by this Plan. In the event of a conflict, the terms of this Agreement shall control. 5. PERMITTED USES The Property shall be used for multifamily residences and associated amenity and recreational facilities. 6. DENSITY The total number of residential units on the Property shall not exceed 450 units. This density may only be achieved if all other development standards and ordinance requirements, such as parking ratios, landscape requirements, etc., are met. 7. HEIGHT Residential buildings are permitted to have four (4) stories on one side in the area shown in Exhibit "B". No building on the Property shall exceed four (4) stories (60 feet) in height. Under no circumstances shall a building on the Property be four (4) stories on both front and rear facades. The end sections on residential buildings with three of more sections, with each section being delineated by a separate roof system, must be one story less than the height of the middle units. 8. UNITS PER BUILDING Buildings within one hundred (100) feet of the southern boundary of the Property shall contain no more than four (4) units per building. No buildings on the Property shall contain more than forty-two (42) units. The average number of units per building shall not exceed twenty-four (24). 9. DESIGN STANDARDS 9.1 Garage Requirement No garage door shall face a public street within 1,000 feet of that public street. 9.2 Fencing Requirement -6- Compatibility fencing is not required along the eastern boundary of the Property where the 300 foot buffer will be provided, as depicted in Exhibit "C". 9.3 Water Quality Pond/Channel The existing drainage channel on the west side of the Property shall be enhanced in a manner that improves the conveyance of the channel and provides a landscaped appearance. In addition, the site shall have a wet pond with a constant water level to serve as both a detention and water quality facility. The pond shall be designed and landscaped as an amenity and shall include aquatic plantings and native shrubs and trees along the boundary of the pond in accordance with Section 11.501(4)(b) of the Code. Landscaping may be aggregated and clustered around the pond to enhance it as a design feature. 10. BUFFERS Buffers shall be in accordance with Exhibit "C". Buffers shall consist of either undisturbed existing vegetation or landscaping in accordance with Section 11.501(4)(a) of the Code or a combination thereof. 11. SIGNS The Property may have two (2) monument signs at the main entrance. Each sign shall be no larger than fifty (50) square feet and no higher than five (5) feet. The Property may have one (1) double -sided monument sign no larger than fifty (50) square feet and no higher than five (5) feet at the secondary entrances. 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. 13. TRAFFIC IMPACT ANALYSIS Development of the property shall be in accordance with the approved Traffic Impact Analysis on file with the City of Round Rock Director of Transportation Services. 14. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN 14.1 Minor Changes -7- Minor changes to this Agreement or 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. 14.2 Major Changes All changes not permitted under section 14.1 above shall be resubmitted following the same procedure required by the original PUD application. 15. CONCEPT PLAN APPROVED Approval of this Agreement constitutes Concept Plan approval under the City Subdivision Ordinance. 16. GENERAL PLAN 2000 This Agreement amends the Round Rock General Plan 2000, which was adopted on June 10, 1999. CHANDLER ROAD PROPERTIES, L.P. by CRP Administration, LLC its General Partner By: Date: 9Jald Wiletroub, President 9q1710(9 CITY OF ROUND ROCK, TEXAS By: Nyle Maxwell, Mayor ATTEST: By: Christine Martinez, City Secretary -8- LIST OF EXHIBITS EXHIBIT DESCRIPTION Exhibit "A" Legal Description of Property Exhibit "B" Permissible 3/4 Split Building Area Exhibit "C" Buffers -9- 29.909 ACRES OAKMONT CROSSING ZONING TRACT EXHIBIT "A" DESCRIPTION FN. NO. 05-629(DRK) DECEMBER 2, 2005 BPI JOB NO. 1055-06.09 OF 29.909 ACRES OF LAND OUT OF THE N. B. ANDERSON SURVEY ABSTRACT NO. 29, SITUATED IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN 64.984 ACRE TRACT OF LAND CONVEYED TO CHANDLER ROAD PROPERTIES L.P., BY DEED OF RECORD IN DOCUMENT NO. 2004099481 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 29.909 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING, at a 1/2 inch iron rod found in the easterly right-of- way line of Sunrise Road (County Road No. 115) (80' R.O.W.), being the southwesterly corner of Lot 2, Block "A" Oakmont Crossing Section One, a subdivision of record in Cabinet H, Slides 311-313 of the Plat Records of Williamson County, Texas, being the northwesterly corner of that certain 33.5728 acre tract of land conveyed to Canteberry Development, Ltd. by deed of record in Volume 2460, Page 29 of the Official Records of Williamson County, Texas and the southwesterly corner of said 64.984 acre tract, for the southwesterly corner hereof; THENCE, along the easterly line of Sunrise Road, being the westerly line of said 2 and Lot 1, Block "A" of said Oakmont Crossing Section One, being a portion of the westerly line of said 64.984 acre tract, for the westerly line hereof, the following three (3) courses and distances: 1) N17°45'18"W, a distance of 116.65 feet to a 1/2 inch iron rod found for an angle point; 2) N18°40'38"W, a distance of 968.73 feet to a 1/2 inch iron rod found for the point of curvature of a non -tangent curve to the right; 3) Along said non -tangent curve to the right having a radius of 20.00 feet, a central angle of 90°01'12", an arc distance of 31.42 feet and a chord which bears N26°18'42"E, a distance of 28.29 feet to a 1/2 inch iron rod found in the southerly line of Hidden Valley Drive (60' R.O.W.), for the end of said curve; THENCE, along the southerly line of Hidden Valley Drive, being the northerly line hereof, the following five (5) courses and distances: 1) N71°19'22"E, a distance of 87.84 feet to a 1/2 inch iron rod found for the point of curvature of curve to the right; FN. NO. 05-629(DRK) DECEMBER 2, 2005 PAGE 2 of 3 2) Along said curve to the right having a radius of 370.00 feet, a central angle of 23°59'58", an arc distance of 154.98 feet and a chord which bears N83°19'22"E, a distance of 153.85 feet to a 1/2 inch iron rod found for the end of said curve; 3) S84°40'38"E, a distance of 72.29 feet passing a 1/2 inch iron rod found for the northeasterly corner of said Lot 1 and continuing for a total distance of 558.04 feet to the point of curvature of a curve to the left; 4) Along said curve to the left having a radius of 280.26 feet, a central angle of 21°06'13", an arc distance of 103.23 feet and a chord which bears N84°46'16"E, a distance of 102.64 feet to a 1/2 inch iron rod found for the end of said curve; 5) N74°13'11"E, a distance of 185.01 feet to a 1/2 inch iron rod with cap set for southeasterly corner of the easterly terminus of Hidden Valley Drive, being the easterly line of that certain remainder of 101.37 acre tract of land conveyed to Logan E. Bartz, Michael L. Bartz and Susan Kay Bartz Mclaughlin by deed of record in Volume 1737, Page 318 of said Official Records, for the northeasterly corner hereof; THENCE, along a portion of the westerly and southerly lines of the remainder of said 101.37 acre tract, being a portion of the irregular easterly of said 64.984 acre tract, for a portion of the irregular easterly line hereof, the following two (2) courses and distances: 1) S15°46'49"E, a distance of 359.45 feet to a 1/2 inch iron rod with cap found for an angle point hereof, being the southwesterly corner of said remainder of 101.37 acre tract; 2) N79°52'03"E, a distance of 848.73 feet to a 1/2 inch iron rod found in the westerly line of Lot 10, Block "E", Laurel Ridge Section Six, a subdivision of record in Cabinet Q, Slides 318-320 of said Plat Records for an angle point hereof; THENCE, S02°41'32"E, continuing along a portion of the irregular easterly line hereof, being a portion of the irregular easterly line of said 64.984 acre tract and being in part the westerly line of said Laurel Ridge Section Six, a distance of 334.33 feet to a 1/2 inch iron rod found in the westerly line of Lot 17 of said Laurel Ridge Subdivision Section 6, being the southeasterly corner of said 64.984 acre tract and the northeasterly corner of said 33.5728 acre tract, for the southeasterly corner hereof; FN. NO. 05-629(DRK) DECEMBER 2, 2005 PAGE 3 of 3 THENCE, S71°06'28"W, along the southerly line of said 64.984 acre tract, being the northerly line of said 33.5728 acre tract, for the southerly line hereof, a distance of 1783.68 feet to the POINT OF BEGINNING, containing an area of 29.909 acres (1,302,845 sq. ft.) of land, more or less, within these metes and bounds. I, MARK J. JEZISEK, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THE PROPERTY DESCRIBED HEREIN WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION. A SURVEY EXHIBIT WAS PREPARED TO ACCOMPANY THIS FIELDNOTE DESCRIPTION. BURY & PARTNERS, INC. ENGINEERS -SURVEYORS MARK 3345 BEE CAVE ROAD, SUITE 200 R.P.L.5. x`''267 AUSTIN, TEXAS 78746 STATE OF TEXAS TE OF A ••09PAL 4,04.100 0.10,1,10 OOOOOO MARK Jc"_7!F'„K { '5207 P !•� o.� E .� suR,. 0 150 300 600 SCALE: 1"= 300' LEGEND fl►,�Fys E........0 F 7-,. . CABINETRID�� o R o W `••c• i_ �' SCI SACT lON � �.P G qF•• 31141:114,411/41 1� DE'S S/ �' ri 318_320 /. P "GLOP c O P • • 32p Miry °1_r~,,° 31 1 v!:,:fL, C, �.9 . O c .•P • 1/2" IRON ROD WITH CAP FOUND ''g O 1/2" IRON ROD WITH CAP SET ;.,rte , 7 ' tr P.O.B. POINT OF BEGINNING CURVE TABLE No. Delta Radius Arc Length Chord Length Chord Bearing C1 90'01'12" 20.00 31.42 28.29 N2618'42"E C2 23'59'58" 370.00 154.98 153.85 N8319'22"E C3 21'06'13" 280.26 103.23 102.64 N84'46'16"E LINE TABLE No. Bearing Distance L1 N17'45'18"W 116.65' L2 N71'19'22"E 87.84' L3 S84'40'38"E 72.29' L4 S84'40'38"E 485.75' L5 N74'13'11 "E 185.01' L6 S15'46'49"E 359.45' L7 S02'41'32"E 334.33' LOT 1 BLOCK ' B' KMONT CROSSING CTION ONE IDES 311-313 CABINET H, LOT 2 LOGAN BARTZ SUSAN KAY BARTZ McLAUGHLIN MICHAEL LYNN BARTZ VOL. 1737, PG. 318 L6 64.984 ACRES CHANDLER ROAD PROPERTIES L.P., DOC. N0. 2004099481 0 O O v 2 J V N 64.984 ACRES CHANDLER ROAD PROPERTIES L.P., DOC. N0. 2004099481 BLOCK 'A' OAKMONT CROSSING SECTION ONE CABINET H, SLIDES 311-313 LOT 1 0 SUNRISE ROAD (CO. RD. IVO. 115) (80' R.O.w.) J S71'06'28"W 1783.68' P.O.B. LOT 2 N18'11 -0'38"W 968.73' • L1 LOT 2 BLOCK ' B' OAKMONT CENTER SECTION THREE CABINET F, SLIDES 134-138 LOT 3 BLOCK ' B' OAKMONT CENTER SECTION THREE CABINET F, SLIDES 134-138 SCOTT W. AND KRISTINE K. JOHNSTON DOC. NO. 2004051296 LOT 3 BLOCK *13' OAKMONT CENTER SECTION THREE CABJNET F, SLIDES 134-138 32.5728 ACRES CANTEBERRY DEVELOPMENT, rn N VOL. 2460, PG. LOT 4 BLOCK ' B' OAKMONT CENTER SECTION THREE CABINET F, SLIDES 134-138 Bury+Partners ENGINEERING SOLUTIONS 3345 Bee Caves Road, Suite 200 Austin, Texas 76746 Tel. (512)328-0011 Fax (512)328-0325 Bury+Partners, Inc. ©Copyright 2005 SKETCH TO ACCOMPANY DESCRIPTION OF 29.909 ACRES OF LAND OUT OF THE N. B. ANDERSON SURVEY ABSTRACT NO. 29, SITUATED IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN 64.984 ACRE TRACT OF LAND CONVEYED TO CHANDLER ROAD PROPERTIES L.P., BY DEED OF RECORD IN DOCUMENT NO. 2004099481 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; JERRY WINTEROUB DATE: 12/02/05 FILE: H: \1097\07\109707EX1.dwg FN No.: 05-629(DRK) DRAWN BY: DRK PROJ. No: 1055-06.09 SCALE ,roo• DARE: DOM. 4,c5X \OOVNeV.202.*•22 00 ITtAvial et ES OFSCNIO OF. BC CHANDLER / SUNRISE APARTMENTS FtEMERO RV; DE PROJECT ND: 1097-08 EPOCH PROPERTIES EXHIBIT PERMISSABLE 3/4 SPLIT BUILDING AREA Bury+Partners ENGINEERING SOLUTIoNS 1.1e5 Bee aves Roe& Sulte ROO ARNIE Texas NNI6 TN. (512)]2E -ROI I Fax (5121221-0225 EliNey+Partners. I07 12Copyright 2006 SUNRISE o WAIF: 17.300DATE: 04/18/06 ntz.vos,..V.4 \ V3V 3J3118 rm 111 z 0 - CRAM DI, DESIDDED Ib BE CHANDLER / SUNRISE APARTMENTS REHEOCO OD AK PRO., NO.: i087-08 EPOCH PROPERTIES EXHIBIT BUFFER EXHIBIT 11) Bury+Partners E.4011,48E81140 SolUTIONS 3345 Bee Cam Road. Suite 200 8..s., toms 78746 M. (542)328-6011 ND (512)328-0320 Sury+Partners, lac 0Copyriell 2000 Zoning of 29.909 acres to PUD NNERSX0 O�Vp Py Subject Tract 29.909 ac. _ ✓`�"'Iys 9 j N HIDDEN VALLEI N D ppY�O pR �O R <�� P�R�R G pR c .Q P�- �Rp SZ PC K SGB S� � R a y $ m (Q � \y0 CL U \ P� SZ GHEE S �4ES NE NA DATE: June 1, 2006 SUBJECT: City Council Meeting - June 8, 2006 ITEM: 9.B.6. Consider an ordinance rezoning 29.909 acres of land located at the S.E. corner of Hidden Valley Drive and Sunrise Road from the C-1 (General Commercial), SF -2 (Single Family - Standard Lot), and MF (Multifamily) to PUD 68 (Planned Unit Development). (First Reading) Department: Planning and Community Development Department Staff Person: Jim Stendebach, Director Justification: The subject property is currently a mix of C-1, MF and SF -2 zoning. The proposed PUD would eliminate these districts and replace them with development standards for a multifamily development of roughly 15 units per acre. This change would eliminate commercial uses along Sunrise Road south of Hidden Valley Drive (in keeping with the General Plan policy of limiting commercial uses to major intersections) and it would allow for the "clustering" of residential units on the site, which will preserve the stand of trees on the far eastern end of the property. Although the total number of potential residential units will increase with this rezoning, the PUD limits the density to less than what would ordinarily be allowed in straight MF zoning (15 units/acre rather than 20 units/acre). In addition to preserving the trees on the eastern end of the property, the PUD also includes a number of other requirements that ensure compatibility with the neighboring residences and that will make for a development superior to straight MF zoning. These regulations are summarized on the attached sheet entitled "Differences between the Proposed PUD and MF Zoning." Based on these regulations and considering the alternative of what could be built under the current zoning districts, staff supports the PUD as an appropriate and desirable use for this site. Funding: Cost: N/A Source of funds: N/A Outside Resources: N/A Background Information: The property was annexed and zoned for commercial and medium density residential uses in 1985. Portions of the property east of the drainage easement that were originally zoned for medium density residential use were rezoned in 1986 to commercial and high density residential. These changes are reflected in the current zoning configuration shown on the attached zoning map. 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. iii THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK iii 11011 011 11111111 111111 ORD 26 PGS 2006052513 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 of Round Rock and the attached is a true and correct copy Z -06-06-08-9B6 which is the rezoning of 29.909 acres to PUD No. 68 that was approved and adopted by the Round Rock City Council at a meeting held on the 8th day of June 2006 and recorded in the City Council Minute Book 54. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 23rd day of June 2006. • Christine R. Martinez, City Secretary ORDINANCE NO. Z-06- Olo-02- 9,63$& AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.305(2), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 29.909 ACRES OF LAND OUT OF THE N. B. ANDERSON SURVEY, ABSTRACT NO. 29, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT C-1 (GENERAL COMMERCIAL), SF -2 (SINGLE FAMILY -STANDARD LOT), AND MF (MULTIFAMILY) TO PLANNED UNIT DEVELOPMENT (PUD) NO. 68. WHEREAS, an application has been made to the City Council of the City of Round Rock, Texas to amend the Official Zoning Map to rezone 29.909 acres of land, out of the N. B. Anderson Survey, Abstract No. 29, in Round Rock, Williamson County, Texas, being more fully described in Exhibit "A" attached hereto, from District C-1 (General Commercial), SF -2 (Single Family -Standard Lot), and MF (Multifamily) to Planned Unit Development (PUD) No. 68, 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 WHEREAS, after considering the public testimony received at such hearing, the Planning and Zoning Commission has recommended that the Official Zoning Map be amended so that the zoning classification of the property described in Exhibit "A" be changed to PUD No.68, and ®PFDesktop\::ODMA/WORLDOX/O:/WDOX/ORDINANC/06060886.WPD/cdc 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 O Q tillday of , 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: OkkAtAiuu NYL 'T'''ELL, Ma • or City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secre 4. 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 City Council has hereby determined the Planned Unit Development (PUD) No. 68 meets the following goals and objectives: (1) The development in PUD No. 68 is equal to or superior to development that would occur under the standard ordinance requirements. (2) P.U.D. No. 68 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) P.U.D. No. 68 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. 68 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. 68 will be constructed, arranged and maintained so as not to dominate, by scale and massing of structures, the immediate neighboring properties or 2. interfere with their development or use in accordance with any existing zoning district. II. That the Official Zoning Map adopted in Section 11.401(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. 68, and that the Mayor is hereby authorized and directed to enter into the Agreement and Development Plan for PUD No. 68 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 Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. 3. 29.909 ACRES OAKMONT CROSSING ZONING TRACT EXHIBIT "A" DESCRIPTION FN. NO. 05-629(DRK) DECEMBER 2, 2005 BPI JOB NO. 1055-06.09 OF 29.909 ACRES OF LAND OUT OF THE N. B. ANDERSON SURVEY ABSTRACT NO.. 29,_,SITUATED _..IN __THE _CITY -0F ROUND -ROCK, WILL-I-AMSON COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN 64.984 ACRE TRACT OF LAND CONVEYED TO CHANDLER ROAD PROPERTIES L.P., BY DEED OF RECORD IN DOCUMENT NO. 2004099481 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 29.909 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING, at a 1/2 inch iron rod found in the easterly right-of- way line of Sunrise Road (County Road No. 115) (80' R.O.W.), being the southwesterly corner of Lot 2, Block "A" Oakmont Crossing Section One, a subdivision of record in Cabinet H, Slides 311-313 of the Plat Records of Williamson County, Texas, being the northwesterly corner of that certain 33.5728 acre tract of land conveyed to Canteberry Development, Ltd. by deed of record in Volume 2460, Page 29 of the Official Records of Williamson County, Texas and the southwesterly corner of said 64.984 acre tract, for the southwesterly corner hereof; THENCE, along the easterly line of Sunrise Road, being the westerly line of said 2 and Lot 1, Block "A" of said Oakmont Crossing Section One, being a portion of the westerly line of said 64.984 acre tract, for the westerly line hereof, the following three (3) courses and distances: 1) N17°45'18"W, a distance of 116.65 feet to a 1/2 inch iron rod found for an angle point; 2) N18°40'38"W, a distance of 968.73 feet to a 1/2 inch iron rod found for the point of curvature of a non -tangent curve -ta- the right; 3) Along said non -tangent curve to the right having a radius of 20.00 feet, a central angle of 90°01'12", an arc distance of 31.42 feet and a chord which bears N26°18'42"E, a distance of 28.29 feet to a 1/2 inch iron rod found in the southerly line of Hidden Valley Drive (60' R.O.W.), for the end of said curve; THENCE, along the southerly line of Hidden Valley Drive, being the northerly line hereof, the following five (5) courses and distances: 1) N71°19'22"E, a distance of 87.84 feet to a 1/2 inch iron rod found for the point of curvature of curve to the right; FN. NO. 05-629(DRK) DECEMBER 2, 2005 PAGE 2 of 3 2) Along said curve to the right having a radius of 370.00 feet, a central angle of 23°59'58", an arc distance of 154.98 feet and a chord which bears N83°19'22"E, a distance of 153.85 feet to a 1/2 inch iron rod found for the end of said curve; 3) S84°40'38"E, a distance of 72.29 feet passing a 1/2 inch iron rod found for the northeasterly corner of said Lot 1 and continuing for a total distance of 558.04 feet to the point of curvature of a curve to the left; 4) Along said curve to the left having a radius of 280.26 feet, a central angle of 21°06'13", an arc distance of 103.23 feet and a chord which bears N84°46'16"E, a distance of 102.64 feet to a 1/2 inch iron rod found for the end of said curve; 5) N74°13'11"E, a distance of 185.01 feet to a 1/2 inch iron rod with cap set for southeasterly corner of the easterly terminus of Hidden Valley Drive, being the easterly line of that certain remainder of 101.37 acre tract of land conveyed to Logan E. Bartz, Michael L. Bartz and Susan Kay Bartz Mclaughlin by deed of record in Volume 1737, Page 318 of said Official Records, for the northeasterly corner hereof; THENCE, along a portion of the westerly and southerly lines of the remainder of said 101.37 acre tract, being a portion of the irregular easterly of said 64.984 acre tract, for a portion of the irregular easterly line hereof, the following two (2) courses and distances: 1) S15°46'49"E, a distance of 359.45 feet to a 1/2 inch iron rod with cap found for an angle point hereof, being the southwesterly corner of said remainder of 101.37 acre tract; 2) N79°52'03"E, a distance of 848.73 feet to a 1/2 inch iron rod found in the westerly line of Lot 10, Block "E", Laurel Ridge Section Six, a subdivision of record in Cabinet Q, Slides 318-320 of said Plat Records for an angle point hereof; THENCE, S02°41'32"E, continuing along a portion of the irregular easterly line hereof, being a portion of the irregular easterly line of said 64.984 acre tract and being in part the westerly line of said Laurel Ri=dge Section Six, a distance of 334.33 feet to a 1/2 inch iron rod found in the westerly line of Lot 17 of said Laurel Ridge Subdivision Section 6, being the southeasterly corner of said 64.984 acre tract and the northeasterly corner of said 33.5728 acre tract, for the southeasterly corner hereof; FN. NO. 05-629(DRK) DECEMBER 2, 2005 PAGE 3 of 3 THENCE, S71°06'28"W, along the southerly line of said 64.984 acre tract, being the northerly line of said 33.5728 acre tract, for the southerly line hereof, a distance of 1783.68 feet to the POINT OF ---BEGINNING; containing an area of 29.909 acres (1,302,845 sq. ft.) of land, more or less, within these metes and bounds. I, MARK J. JEZISEK, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THE PROPERTY DESCRIBED HEREIN WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION. A SURVEY EXHIBIT WAS PREPARED TO ACCOMPANY THIS FIELDNOTE DESCRIPTION. BURY & PARTNERS, INC. ENGINEERS -SURVEYORS 3345 BEE CAVE ROAD, SUITE 200 AUSTIN, TEXAS 78746 MARK E 2 R.P.L.S. 267 STATE OF TEXAS TE MINI Mil 1111111 IMO 0 150 300 600 SCALE: 1"-= 300' LEGEND • - - -1 /2" IRON ROD WITH -CAP--FOUND O 1/2" IRON ROD WITH CAP SET P.O.B. POINT OF BEGINNING CURVE TABLE HqLFY,s LAELAY CAB N RIDGES R.0 It) Q,, SLIDES 31 N SI x ie�fE;11 31 a_3 0 No. Delta Radius Arc Lenath Chord Lenath Chord Bearing C1 90'01'12" 20.00 31.42 28.29 N2618'42"E C2 23'59'58" 370.00 154.98 153.85 N83'19'22"E C3 21'06'13" 280.26 103.23 102.64 N84'46'16"E LINE TABLE No. Bearing Distance L1 N17'45'18"W 116.65' L2 N7119'22"E 87.84' L3 S84'40'38"E 72.29' L4 S84'40'38"E 485.75' L5 N74'13'11 "E 185.01' L6 S15'46'49"E 359.45' L7 S02'41'32"E 334.33' LoT 1 BLOCK ' B' KMONT CROSSING CT10N ONE IDES 311-313 CABINET H, LOT 2 LOGAN BARTZ SUSAN KAY BARTZ McLAUGHLIN MICHAEL LYNN BARTZ VOL. 1737, PG. 318 L6 64.984 ACRES CHANDLER ROAD PROPERTIES L.P., DOC. NO. 2004099481 54.934 ACRES CHANDLER ROAD PROPERTIES L.P., DOC. NO. 2004099431 N BLOCK 'A' OAKMONT CROSSING SECTION ONE CABINET H, SLIDES 311-313 LOT 1 0 SUNRISE ROAD (CO. RD. NO. 115) (80' R.o.w.) J S71'06'28"W 1783.68' P.O.B. LOT 2 / N18'40'38"W 968.73' L1 LOT 2 BLOCK ' B' OAKMONT CENTER SECTION THREE CABINET F, SLIDES 134-138 LOT 3 BLOCK '13. OAKMONT CENTER SECTION THREE CABINET F, SLIDES 134-138 ScorT W. AND KRISTINE K. JOHNSTON DOC. NO. 2004051296 LOT 3 BLOCK '13' OAKMONT CENTER SECTION THREE CABINET F, SLIDES 134-138 32.5728 ACRES c DEVELOPMENT, 6 Cn VOL. 2460, PG. LOT 4 BLOCK ' B' OAKMONT CENTER SECTION THREE CABINET F, SLIDES 134-138 Bury+Partners ENGINEERING SOLUTIONS 3345 Bee Caves Road, Suite 200 Austin, Texas 78746 Tel. (512)328-0011 Fax (512)328-0325 Bury+partners, Inc. IS Copyright 2005 SKETCH TO ACCOMPANY DESCRIPTION OF 29.909 ACRES OF LAND OUT OF THE N. B. ANDERSON SURVEY ABSTRACT NO. 29, SITUATED IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN 64.984 ACRE TRACT OF LAND CONVEYED TO CHANDLER ROAD PROPERTIES L.P., BY DEED OF RECORD IN DOCUMENT NO. 2004099481 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; JERRY WINTEROUB DATE: 12/02/05 FILE: H: \1097\07\109707EX1. dwg FN No.: 05-629(DRK) DRAWN BY: DRK PR OJ. No: 1055-06.09 EXHIBIT AGREEMENT AND DEVELOPMENT PLAN EPOCH PROPERTIES, INC. PUD PLANNED UNIT DEVELOPMENT NO. 68 THE STATE OF TEXAS COUNTY OF WILLIAMSON § THIS AGREEMENT AND DEVELOPMENT PLAN (this "Agreement") is made and entered by and between the CITY OF ROUND ROCK, TEXAS, a Texas municipal corporation, having its offices at 221 East Main Street, Round Rock, Texas 78664 (hereinafter referred to as the "City"), and Chandler Road Properties, L.P., by CRP Administration, LLC, its General Partner, its successors and assigns, having their offices at 515 Congress, Suite 110, Austin, Texas 78701 (hereafter referred to as the "Owner"). For purposes of this Agreement, the term Owner shall mean Chandler Road Properties, L.P., its 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 29.909 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 a Development Plan setting forth the development conditions and requirements within the PUD, which Development Plan is contained in Section II of this Agreement; and WHEREAS, the City has held two public hearings required by law to solicit input from all interested citizens and affected parties; and WHEREAS, on May 3, 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 Development Plan and determined that it promotes the health, safety, and general welfare of the citizens of Round Rock and that it complies with the intent of the Planned Unit Development Ordinance of the City; NOW THEREFORE BY THIS AGREEMENT WITNESSETH that, in consideration of the covenants and conditions set forth herein, the City and the Owner agree as follows: I. GENERAL PROVISIONS 1. CONFORMITY WITH DEVELOPMENT PLAN That all uses and development within the Property shall conform to the Development Plan included in Section II herein. 2. CHANGES AND MODIFICATIONS No changes or modifications will be made to this Agreement or the Development Plan unless all provisions pertaining to changes or modifications as stated in Section II.14 below are followed. 3. ZONING VIOLATION Owner understands that any person, firm, corporation or other entity violating any conditions or terms of the Development Plan shall be subject to any and all penalties for the violation of any zoning ordinance provisions as stated in Section 1.601, Code of Ordinances, (1995 Edition), City of Round Rock, Texas, as amended. 4. LIEN HOLDER CONSENT There is no lien holder of record with regard to the Property as of the date of this Agreement. 5. MISCELLANEOUS PROVISIONS 5.1 Assignment Neither party may assign its rights and obligations under this Agreement without having first obtained the prior written consent of the other which consent shall not be unreasonably withheld, conditioned or delayed. This section shall not prevent Owner from selling or leasing the Property or portions of the Property, together with all development rights and obligations contained in this Agreement and Development Plan. No consent shall be required in connection with such sale or lease of the Property provided the purchaser or lessee assumes -2- Owner's obligations in writing as to such portions of the Property, at which time the Owner shall be released from any further obligations. 5.2 Necessary Documents and Actions Each party agrees to execute and deliver all such other and further instruments and undertake such actions as are or may become necessary or convenient to effectuate the purposes and intent of this Agreement. 5.3 Severability In case one or more provisions contained of this Agreement are deemed invalid, illegal or unenforceable in any respect such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement and in such event, this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained in this Agreement. 5.4 Entire Agreement This Agreement constitutes the entire agreement of the parties and supersedes any prior or contemporaneous oral or written understandings or representations of the parties respecting the subject matter. 5.5 Applicable Law --_This,Agr_e.ement shall _be -const -ued-under-and- in aeeordanee-with the -Iaws of the -- State of Texas. 5.6 Venue All obligations of the parties created hereunder are performable in Williamson County, Texas, and venue for any action shall be in Williamson County. 5.7 No Third Party Beneficiaries Nothing in this Agreement, express or implied, is intended to confer upon any person or entity, other than the parties hereto (and their respective successors and assigns), any rights, benefits or remedies under or by reason of this Agreement. -3- 5.8 Duplicate Originals This Agreement may be executed in duplicate original, each of equal dignity. 5.9 Notices Until changed by written notice thereof any notice required under this Agreement may be given to the respective parties, by certified mail, postage prepaid or by hand delivery to the address of the other party shown below: OWNER Chandler Road Properties, L.P. 515 Congress, Suite 110 Austin, Texas 78701 Attn : Jerald Winetroub, President 5.10 Effective Date CITY OF ROUND ROCK City of Round Rock, Texas 301 West. Bagdad, Suite 210 Round Rock, Texas 78664 Attn: Director of Planning This Agreement shall be effective from and after the date of due execution hereof by all parties. 5.11 Appeal of Administrative Decisions Administrative decisions provided for in this Agreement may be appealed to the City Council in writing within ninety (90) days following receipt by Owner of the written confirmation of the decision. 5.12 Binding Effect This Agreement and the Development Plan binds and benefits the Owner and its successors and assigns. 5.13 Sunset Clause In the event that a Site Development Permit has not been issued for the Property within three (3) years from the date that this Agreement is approved by City Council, this Agreement shall be automatically voided and the Property shall revert to the previous zoning districts of C-1 (General Commercial), MF (Multifamily) and SF -2 (Single Family - Standard Lot) as previously configured. -4- II. DEVELOPMENT PLAN 1. DEFINITIONS Words and terms used herein shall have their usual force and meaning, or as defined in the Code of Ordinances (1995 Edition), as amended, City of Round Rock, Texas, hereinafter referred to as "the Code." 2. PROPERTY This Development Plan ("Plan") covers approximately 29.909 acres of land, located within the city limits of Round Rock, Texas, and more particularly described in Exhibit 3. PURPOSE The purpose of this Plan is to ensure a development plan that 1) is equal to, superior than and/or more consistent than that which 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. 4. APPLICABILITY OF CITY ORDINANCES 4.1 Zoning and Subdivision Ordinances The Property shall be regulated for purposes of zoning and subdivision by this Plan. All aspects not specifically covered by this Plan shall be regulated by the MF (Multifamily) zoning district and other applicable sections of the Code. If there is a conflict between this Agreement and Plan and the Code, this Agreement and Plan shall supersede the specific conflicting provisions of the Code. 4.2 Other Ordinances All other Ordinances within the Code shall apply to the Property, except as -5- clearly modified by this Plan. In the event of a conflict, the terms of this Agreement shall control. 5. PERMITTED USES The Property shall be used for multifamily residences and associated amenity and recreational facilities. 6. DENSITY The total number of residential units on the Property shall not exceed 450 units. This density may only be achieved if all other development standards and ordinance requirements, such as parking ratios, landscape requirements, etc., are met. 7. HEIGHT Residential buildings are permitted to have four (4) stories on one side in the area shown in Exhibit "B". No building on the Property shall exceed four (4) stories (60 feet) in height. Under no circumstances shall a building on the Property be four (4) stories on both front and rear facades. The end sections on residential buildings with three of more sections, with each section being delineated by a separate roof system, must be one story less than the height of the middle units. 8. UNITS PER BUILDING Buildings within one hundred (100) feet of the southern boundary of the Property shall contain no more than four (4) units per building. No buildings on the Property shall contain more than forty-two (42) units. The average number of units per building shall not exceed twenty-four (24). 9. DESIGN STANDARDS 9.1 Garage Requirement No garage door shall face a public street within 1,000 feet of that public street. 9.2 Fencing Requirement -6- Compatibility fencing is not required along the eastern boundary of the Property where the 300 foot buffer will be provided, as depicted in Exhibit "C". 9.3 Water Quality Pond/Channel The existing drainage channel on the west side of the Property shall be enhanced in a manner that improves the conveyance of the channel and provides a landscaped appearance. In addition, the site shall have a wet pond with a constant water level to serve as both a detention and water quality facility. The pond shall be designed and landscaped as an amenity and shall include aquatic plantings and native shrubs and trees along the boundary of the pond in accordance with Section 11.501(4)(b) of the Code. Landscaping may be aggregated and clustered around the pond to enhance it as a design feature. 10. BUFFERS Buffers shall be in accordance with Exhibit "C". Buffers shall consist of either undisturbed existing vegetation or landscaping in accordance with Section 11.501(4)(a) of the Code or a combination thereof. 11. SIGNS The Property may have two (2) monument signs at the main entrance. Each sign shall be no larger than fifty (50) square feet and no higher than five (5) feet. The Property may have one (1) double -sided monument sign no larger than fifty (50) square feet and no higher than five (5) feet at the secondary entrances. 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. 13. TRAFFIC IMPACT ANALYSIS Development of the property shall be in accordance with the approved Traffic Impact Analysis on file with the City of Round Rock Director of Transportation Services. 14. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN 14.1 Minor Changes -7- Minor changes to this Agreement or 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. 14.2 Major Changes All changes not permitted under section 14.1 above shall be resubmitted following the same procedure required by the original PUD application. 15. CONCEPT PLAN APPROVED Approval of this Agreement constitutes Concept Plan approval under the City Subdivision Ordinance. 16. GENERAL PLAN 2000 This Agreement amends the Round Rock General Plan 2000, which was adopted on June 10, 1999. CHANDLER ROAD PROPERTIES, L.P. by CRP Administration, LLC its General Partner By: (ytAA Date: J ald W - troub, President osll710b CITY OF ROUND ROCK, TEXAS By: Nyle Maxwell, Mayor ATTEST: By: Christine Martinez, City Secretary -8- LIST OF EXHIBITS EXHIBIT DESCRIPTION Exhibit "A" Legal Description of Property Exhibit "B" Permissible 3/4 Split Building Area Exhibit "C" Buffers -9- 29.909 ACRES OAKMONT CROSSING ZONING TRACT EXHIBIT "A" DESCRIPTION FN. NO. 05-629(DRK) DECEMBER 2, 2005 BPI JOB NO. 1055-06.09 OF 29.909 ACRES OF LAND OUT OF THE N. B. ANDERSON SURVEY ABSTRACT NO. 29, SITUATED IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN 64.984 ACRE TRACT OF LAND CONVEYED TO CHANDLER ROAD PROPERTIES L.P., BY DEED OF RECORD IN DOCUMENT NO. 2004099481 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 29.909 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING, at a 1/2 inch iron rod found in the easterly right-of- way line of Sunrise Road (County Road No. 115) (80' R.O.W.), being the southwesterly corner of Lot 2, Block "A" Oakmont Crossing Section One, a subdivision of record in Cabinet H, Slides 311-313 of the Plat Records of Williamson County, Texas, being the northwesterly corner of that certain 33.5728 acre tract of land conveyed to Canteberry Development, Ltd. by deed of record in Volume 2460, Page 29 of the Official Records of Williamson County, Texas and the southwesterly corner of said 64.984 acre tract, for the southwesterly corner hereof; THENCE, along the easterly line of Sunrise Road, being the westerly line of said 2 and Lot 1, Block "A" of said Oakmont Crossing Section One, being a portion of the westerly line of said 64.984 acre tract, for the westerly line hereof, the following three (3) courses and distances: 1) N17°45'18"W, a distance of 116.65 feet to a 1/2 inch iron rod found for an angle point; 2) N18°40'38"W, a distance of 968.73 feet to a 1/2 inch iron rod found for the point of curvature of a non -tangent curve to the right; 3) Along said non -tangent curve to the right having a radius of 20.00 feet, a central angle of 90°01'12", an arc distance of 31.42 feet and a chord which bears N26°18'42"E, a distance of 28.29 feet to a 1/2 inch iron rod found in the southerly line of Hidden Valley Drive (60' R.O.W.), for the end of said curve; THENCE, along the southerly line of Hidden Valley Drive, being the northerly line hereof, the following five (5) courses and distances: 1) N71°19'22"E, a distance of 87.84 feet to a 1/2 inch iron rod found for the point of curvature of curve to the right; FN. NO. 05-629(DRK) DECEMBER 2, 2005 PAGE 2 of 3 2) Along said curve to the right having a radius of 370.00 feet, a central angle of 23°59'58", an arc distance of 154.98 feet and a chord which bears N83°19'22"E, a distance of 153.85 feet to a 1/2 inch iron rod found for the end of said curve; 3) S84°40'38"E, a distance of 72.29 feet passing a 1/2 inch iron rod found for the northeasterly corner of said Lot 1 and continuing for a total distance of 558.04 feet to the point of curvature of a curve to the left; 4) Along said curve to the left having a radius of 280.26 feet, a central angle of 21°06'13", an arc distance of 103.23 feet and a chord which bears N84°46'16"E, a distance of 102.64 feet to a 1/2 inch iron rod found for the end of said curve; 5) N74°13'11"E, a distance of 185.01 feet to a 1/2 inch iron rod with cap set for southeasterly corner of the easterly terminus of Hidden Valley Drive, being the easterly line of that certain remainder of 101.37 acre tract of land conveyed to Logan E. Bartz, Michael L. Bartz and Susan Kay Bartz Mclaughlin by deed of record in Volume 1737, Page 318 of said Official Records, for the northeasterly corner hereof; THENCE, along a portion of the westerly and southerly lines of the remainder of said 101.37 acre tract, being a portion of the irregular easterly of said 64.984 acre tract, for a portion of the irregular easterly line hereof, the following two (2) courses and distances: 1) S15°46'49"E, a distance of 359.45 feet to a 1/2 inch iron rod with cap found for an angle point hereof, being the southwesterly corner of said remainder of 101.37 acre tract; 2) N79°52'03"E, a distance of 848.73 feet to a 1/2 inch iron rod found in the westerly line of Lot 10, Block "E", Laurel Ridge Section Six, a subdivision of record in Cabinet Q, Slides 318-320 of said Plat Records for an angle point hereof; THENCE, S02°41'32"E, continuing along a portion of the irregular easterly line hereof, being a portion of the irregular easterly line of said 64.984 acre tract and being in part the westerly line of said Laurel Ridge Section Six, a distance of 334.33 feet to a 1/2 inch iron rod found in the westerly line of Lot 17 of said Laurel Ridge Subdivision Section 6, being the southeasterly corner of said 64.984 acre tract and the northeasterly corner of said 33.5728 acre tract, for the southeasterly corner hereof; FN. NO. 05-629(DRK) DECEMBER 2, 2005 PAGE 3 of 3 THENCE, S71°06'28"W, along the southerly line of said 64.984 acre tract, being the northerly line of said 33.5728 acre tract, for the southerly line hereof, a distance of 1783.68 feet to the POINT OF BEGINNING, containing an area of 29.909 acres (1,302,845 sq. ft.) of land, more or less, within these metes and bounds. I, MARK J. JEZISEK, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THE PROPERTY DESCRIBED HEREIN WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION. A SURVEY EXHIBIT WAS PREPARED TO ACCOMPANY THIS FIELDNOTE DESCRIPTION. BURY & PARTNERS, INC. ENGINEERS -SURVEYORS 3345 BEE CAVE ROAD, SUITE 200 AUSTIN, TEXAS 78746 7'/1.2 MARK R.P.L.S. 267 STATE OF TEXAS /z/Z�j,� j gf�TE 0 150 300 600 SCALE: 1"= 300' LEGEND • 1/2" IRON ROD WITH CAP FOUND O 1/2" IRON ROD WITH CAP SET P.O.B. POINT OF BEGINNING CURVE TABLE • ••••••••••••••••e•e••••• 1r MARK J.P'YJE7 OM LP t CiCd- C•C • La URA—, WA y (5C4BINQDOGE 0' R. 0. . V )S SEN 111:11111iiii SCIDES a3ik No. Delta Radius Arc Length Chord Length Chord Bearing C1 90'01'12" 20.00 31.42 28.29 N2618'42"E C2 23'59'58" 370.00 154.98 153.85 N8319'22"E C3 21'06'13" 280.26 103.23 102.64 N84'46'16"E LINE TABLE No. Bearing Distance L1 N17'45 18"W 116.65' L2 N71'19'22"E 87.84' L3 S84'40'38"E 72.29' L4 S84'40'38"E 485.75' L5 N74'13'11 "E 185.01' L6 S15'46'49"E 359.45' L7 SO2'41'32"E 334.33' LOT 1 BLOCK ' B' KMONT CROSSING CTION ONE 1DES 311-313 CABINET H, LOT 2 LOGAN BARTZ SUSAN KAY BARTZ McLAUGHLIN MICHAEL LYNN BARTZ VOL. 1737, PG. 318 L6 64.984 ACRES CHANDLER ROAD PROPERTJES L.P., DDC. NO. 2004099481 0 SUNRISE ROAD (CO. RD. IO. 115) (80' R.O.w.) Q _j d cc O v Z N LOT 1 J 64.964 ACRES CHANDLER ROAD PROPERTJES . L.P., DOC. NO. 2004099481 BLOCK 'A' OAKMONT CROSSING SECTION ONE CABINET H, SLJDES 311-313 LOT 2 LOT 2 BLOCK ' B' OAKMONT CENTER SECTION THREE CABINET F, SLIDES 134-138 U LOT 3 BLOCK ' B' OAKMONT CENTER SECTION THREE CABINET F, SLIDES 134-138 N18'40'38"W 968.73' SCOTT W. AND KRISTJNE K. JOHNSTON DOC. NO. 2004051296 L1 LOT 3 BLOCK ' B' OAKMONT CENTER SECTION THREE CABINET F, SLJDES 134-138 S71'06'28"W P.O.B. •/ 32.5728 ACRES CANTEBERRY DEVELOPMENT, LTD. rn l7 0 (10 v N 1 0 LOT 4 BLOCK ' B' OAKMONT CENTER SECTION THREE CABINET F, SLIDES 134-138 1)Bury+Partners ENGINEERING SOLUTIONS 3345 Bee Caves Road, Suite 200 Austin, Texas 78746 Tel. (512)328-0011 Fax (512)328-0325 Bury+Partnere, Inc. 47Copyrirht 2005 SKETCH TO ACCOMPANY DESCRIPTION OF 29.909 ACRES OF LAND OUT OF THE N. B. ANDERSON SURVEY ABSTRACT NO. 29, SITUATED IN THE CITY OF ROUND ROCK, WILUAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN 64.984 ACRE TRACT OF LAND CONVEYED TO CHANDLER ROAD PROPERTIES L.P., BY DEED OF RECORD IN DOCUMENT NO. 2004099481 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; JERRY WI NTEROUB DATE: 12/02/05 FILE: H: \1097\07\109707EX1.dwg FN No.: 05-629(DRK) DRAWN BY: DRK PROJ. No: 1055-06.09 SUNRISE RD 1 SCALL 1'.200' O*IC Oa/ob/pt 0.E:01,N.„.434:00004,N,RRI WW1 Ir A KLOI[O Or. K CHANDLER / SUNRISE APARTMENTS RM[a[0 M K RRSFOT M0: 1002-01 EPOCH PROPERTIES EXHIBIT .8 PERMISSABLE 3/4 SPLIT BUILDING AREA h Bury+Partners [1101 NE f RING 1OLV1NOa 3315 he gavel teal. Suite 300 1455.. Ton. 71111. T5. (012(221-3311 no (512)331-0325 Bur2rnrl.m. l.2. CCop)rIgOI 2006 RECORDERS MEMORANDUM All or part,w of aS not clearly legible 1wr satisfaciory recc rdation, 1 SCALE 1'.260' CAGE: 04/1S/06 TILED Va7W11 2w\w01:4144 MAIN s. PO 6EsOED 1tt OC CHANDLER / SUNRISE APARTMENTS Ir<,z1ED SS: 1( PROJECT PO, I01T-01 EPOCH PROPERTIES EXHIBIT 'C BUFFER EXHIBIT h Bury+Partners SNOINIEe1NO SOLUTION, 3065 See Ern Iw6. 3011. 260 Awlin, t<Su 71746 TAL (612),61-6011 3., (512)321-325 Iur7+Pertnere. Int. 0Cspyr12ht 2044 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2006052513 06/26/2006 03:42 PM CARRILLO $116.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS CITY OF ROUND ROCK ADMINISTRATION 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664