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Z-07-06-28-10C2 - 6/28/2007 ORDINANCE NO. X-07- Ob-a 8 kTat 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 37.975 ACRES OF LAND, OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT C-1 .(GENERAL COMMERCIAL) TO PLANNED UNIT DEVELOPMENT (PUD) NO. 74. 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 37 . 975 acres of land, out of the P.A. Holder Survey, Abstract No. 297, in Round Rock, Williamson County, Texas, being more fully described in Exhibit "A" attached hereto, from District C-1 (General Commercial) to Planned Unit Development (PUD) No. 74, 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 30th day of May, 2007, 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. 74, and 0:\waox\ORDINANC\07062ec2.wen/cac WHEREAS, on the 28th day of June, 2007, 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 CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That the City Council has hereby determined the Planned Unit Development (PUD) No. 74 meets the following goals and objectives: (1) The development in PUD No. 74 is equal to or superior to development that would occur under the standard ordinance requirements. (2) P.U.D. No. 74 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) P.U.D. No. 74 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. 74 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. 74 will be constructed, arranged and maintained so as not to dominate, by scale and massing of 2 . structures, the immediate neighboring properties or 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. 74, and that the Mayor is hereby authorized and directed to enter into the Development Plan for PUD No. 74 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 . 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 A 2007. Alternative 2 . READ and APPROVED on first reading this the day of 2007. READ, APPROVED and ADOPTED on second reading this the day of 2007 4/ NY WEL , Mayor ATTEST: City6f Round Rock, Texas CHRISTINE R. MARTINEZ, City Secr lary 4 . EXH I BIT A LEGEND • 1/2" IRON ROD FOUND UN/ ( LESS NOTED) 10.068 ACRES 0401 125 N� �51 0 0 1/2" IRON ROD WITH CAP SET EMI LEASING PARTNERS, LTD. 1"=250' ■ TXDOT MONUMENT FOUND DOCUMENT No. 9808511 P.O.B. POINT OF BEGINNING P.O.B. <2W CAP f N89'20'05"E 820.55' 5 HEB GROCERY CO. LP �� DOCUMENT No. 37394 37.975 ACRES OF T� (1,854,201 SQ FT.) Al IrtAl�}C uERRY JE lSEK � —tQ ry 37.975 ACRES toto 9 5267 0 9ti•.�� o o NEC 1460/79, LTD. M�g cm ' DOCUMENT NO. 2006040139 alp _ 'oqz o to a OT B. BLOCK A 1dA VALIXY LINE TABLE M X U 8acnON zi a CO. M, 8l8. L1 NO3'15 28"w 62.2W LU A CN 515-3,7 L2 S53 15 E 60.52 1� L3 N89'35 41 10.28' O 44 02 211.27' 0 15 578 40 35.08 L6 532'31 7518 O L7 S79"434 171.25 N in L8 S02 14 E 252.38' LOT 7, BLOCK AL9 .579'5434 70.61 PALM VALLEY uo '3314 w 303.20' RKE7 C1;M'!:R tt tNO2 T8 53 40.01 SECTION 2 L12 NO2'33'14"w 146_A2 p N CAB. AA, SLS, O N 315-317 VQ 3 N N . " O O LOT 6, BLOCK A a Z 273.25 CAP PALM VALLEY MARKET CAP CEWER S t�ON 2 S79'25'44" W L1 N86'12'43"ECABINESLIDES 315-317 212.57 HIGHLAND 7 .44' CAP MANAGEMENT, INC. k" L7 CAP REMAINDER of VOLUME 1067. J $86.12'43-W Z Oct 54 ACRES. LTD. PAGE 679 CPO DOCUMEW NO. 4R 273.49' Lar 8 NQ 71J 2OW032957 PAWL VAULY OV: PAW vBLLm lAwiRxEr °� tE'C,E7N z �.NO'579'54 34,W Y 79 BLOCK A CAWWr 1 a,a17 371.10 C4 INS- V'16 VAARIES) 1S BUTLER EdJGE9 178-175 (R.O.W W10TM SUBDIVISION CURVE TABLE H N�Np1 79 V.�7• �� VAR)ES) C1 00"58'35 11415.16 194.35 194.58 O.W. WiD C2 b 28 1372 39 553.89 550.14 1109'04 (R• C3 03'1 51 535.0030.17 30.16 SO51 C4 7 03" 11415.16 39.99 39.99 579 24 � smom+ lers TO A00CW NY DEBCRIPUM OF 37.975 ACRES OF LAND OUT OF THE P.A. HOLDER ENGINEERING I O L Y T I O N I SURVEY, ABSTRACT NO. 297. SITUATED IN THE CITY OF 3s Dn C m ba+.1ree W; ROUND ROCK. WILLIAMSON COUNTY, TEXAS. BEING THAT TRAMMFI.L GROW kwtb'Tom"M46 CERTAIN 37.975 ACRE TRACT OF LAND OF RECORD IN RESM)EW AL Tet.(612)W-0011 In(III)MI-em DOCUMENT NO. 200$040139 OF THE OFFICIAL PUBLIC bw t no RECORDS OF WILLIAMSON COUNTY, TEXAS. 01/30/07 FILE: H:\SU\02\85402EX2.dwg FN No.: 07-061(MJJ) DATE: DRAWN BY: MJJ PROD. No: 854-02.09 1 37.975 ACRES PALM VALLEY _v. NO. 0 7-0 61 (MJJ) TRAMMELL CROW JANUARY 30, 2007 BPI JOB NO. 854-02.09 DESCRIPTION OF A 37.975 ACRE TRACT OF LAND OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, SITUATED IN WILLIAMSON COUNTY, TEXAS, BEING A THAT CERTAIN 37.975 ACRE TRACT OF LAND CONVEYED TO NEC 1460/79, LTD. BY DEED OF RECORD IN DOCUMENT NO. 2006040139 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 37.975 ACRES ALSO INCLUDING LOTS 7 AND 8 BLOCK A, PALM VALLEY MARKET CENTER SECTION 2, A SUBDIVISION OF RECORDS IN CABINET AA, SLIDES 315-317 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 37.975 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING, at a 1/2 inch iron rod with cap found in the easterly right-of-way line of F.M. 1460 (R.O.W. width varies) for the northeasterly corner of that certain 2 .076 acre tract of land conveyed to the State of Texas by deed of record in Document No. 2003054423 of said Official Public Records, same being the northwesterly corner of said 37.975 acre tract and being in the southerly line of that certain 10.068 acre tract of land conveyed to EMI Leasing Partners, Ltd. by deed of record in Document No. 9808511 of the Official Records of Williamson County, Texas for the northwesterly corner hereof; THENCE, N89°20' 05"E, leaving the easterly right-of-way line of F.M. 1460, along a portion of the southerly line of said 10.068 acre tract, being a portion of the northerly line of said 37.975 acre tract, for a portion of the northerly line hereof, a distance of 820.55 feet to a 1/2 inch iron rod found for an angle point in the northerly line of said 37.975 acre tract and hereof, being the southeasterly corner of said 10.068 acre tract; THENCE, NO3°15128"W, along a portion of the easterly line of said 10.068 acre tract, for a portion of the northerly line of said 37.975 acre tract and hereof, a distance of 62.26 feet to a 1/2 inch iron rod found at the base of a fence post for an angle point in the northerly line of said 37. 975 acre tract and hereof, being an angle point in the southerly line of Lot 9, Hidden Acres, a subdivision of record in Cabinet C, Slides 226-227 of said Plat Records; THENCE, leaving the easterly line of said 10.068 acre tract, along a portion of the southerly line of said Lot 9, for a portion of the northerly line of said 37.975 acre tract and hereof, the following two (2) courses and distances: 1) S53050115"E, a distance of 60.52 feet to a 1/2 inch iron rod with cap set for an angle point; 2) N89035'411E, a distance of 10.28 feet to a 1/2 inch iron rod with cap found for the northeasterly corner hereof, being the northwesterly corner of that certain 6.55 acre tract of land conveyed to Highland Management, Inc. by deed of record in Document No. 2001037863 of said Official Public Records and the northeasterly corner of said 37.975 acre tract and hereof; t FN 07-061 (MJJ) JANUARY 30, 2007 PAGE 2 of 4 THENCE, S01040' 17"E, leaving the southerly line of said Lot 9, along a portion of the westerly line of said 6.55 acre tract, being the easterly line of said 37.975 acre tract, for the easterly line hereof, a distance of 1352 . 01 feet to a 1/2 inch iron rod with cap set for the easternmost southeasterly corner hereof, from which a 1/2 inch iron rod with cap found for an angle point in the westerly line of said 6.55 acre tract bears S01040117"E, a distance of 13 .44 feet; THENCE, leaving the westerly line of said 6.55 acre tract, along a portion of the southerly line of said 37.975 acre tract, for a portion of the southerly line hereof, the following four (4) courses and distances: 1) S79017150"W, a distance of 35.06 feet to a 1/2 inch iron rod with cap set for the point of curvature of a non-tangent curve to the left; 2) Along said curve to the left having a radius of 535.00 feet, a central angle of 0301315111, an arc length of 30.17 feet, and chord which bears S050141560E, a distance of 30.16 feet to a 1/2 inch iron rod found for the end of said curve, from which a 1/2 inch iron rod found for reference bears S07022136"E, a chord distance _of 9.57 feet; 3) S79025144"W, a distance of 212.57 feet to a 1/2 inch iron rod found for an angle point; 4) S10007106"E, a distance of 251.39 feet to a 1/2 inch iron rod found in the curving northerly right-of-way line of U.S. Highway 79 (R.O.W. width varies) same being the northerly line of that certain 2 .280 acre tract of land conveyed to the City of Round Rock by deed of record in Document No. 2004020465 of said Official Public Records, for the southernmost southeasterly corner hereof and point of curvature of a curve to the right, from which a 1/2 inch iron rod found along a curve to the left having a radius of 11415.16 feet, bears N78054107"E, a chord distance of' 154 .56 feet; THENCE, along the northerly right-of-way line of U.S. Highway 79, being a portion of the southerly line of said 37.975 acre tract and hereof, the following two (2) courses and distances: 1) Along said non-tangent curve to the right having a radius of 11415.16 feet, a central angle of 00012, 03m, an arc length of 39.99 feet and a chord which bears S79023124"W, a distance of 39.99 feet to a 1/2 inch iron rod with cap found for the end of said curve; 2) S79054134"W, a distance of 371.10 feet to a 1/2 inch iron rod with cap set for an angle point in the southerly line hereof, being the southeasterly corner of Lot 2, Block A, of said Palm Valley Market Center Section 2; FN 07-061(MJJ) JANUARY 30, 2007 PAGE 3 of 4 THENCE, leaving the northerly right-of-way line of U.S. Highway 79, along the easterly, northerly, and westerly lines of said Lot 2, being a portion of the southerly line of said 37.975 acre tract and hereof, the following three 3) courses and distances: 1) N10005126"W, a distance of 250.18 feet to a 1/2 inch iron rod with cap found for northeasterly corner of said Lot 2 and an angle point hereof; 2) S79054134"W, a distance of 171.25 feet to a 1/2 inch iron rod with cap set for the northwesterly corner of said Lot 2 and an angle point hereof; 3) S02033114"E, a distance of 252 .36 feet to a 1/2 inch iron rod with cap set in the northerly right-of-way line of U.S. Highway 79 for the southwesterly corner of said Lot 2 and an angle point hereof; THENCE, S79054134"W, along the northerly right-of-way line of U.S. Highway 79, being a portion of the southerly line of said 37.975 acre tract and hereof, a distance of 70.61 feet to a 1/2 inch iron rod with cap set for the southeasterly corner of Lot 1, Block A, Palm Valley Market Center Section 1, a subdivision of record in Cabinet Z, Slides 173-175 of the said Plat Records, being the most southerly southwesterly corner of said 37.975 acre tract and hereof; THENCE, NO2033114"W, along the easterly line of said Lot 1, being a portion of the southerly line of said 37.975 acre tract and hereof, a distance of 303 .20 feet to a 1/2 inch iron rod with cap set for the northeasterly corner of said Lot 1 for an angle point hereof; THENCE, S86012143"W, along the northerly line of said Lot 1, being a portion of the southerly line of said 37.795 acre tract and hereof, a distance of 273.49 feet to a 1/2 inch iron rod with cap set in the easterly right-of-way line of F.M. 1460, same being the easterly line of said 2.076 acre tract for the northwesterly corner of said Lot 1, for the most westerly southwest corner of said 37.975 acre tract and hereof; THENCE, NO2028'53"W, along the easterly right-of-way line of F.M. 1460, being a portion of the westerly line of said 37.975 acre tract and hereof, a distance of 40.01 feet to a 1/2 inch iron rod with cap found for the southwesterly corner of Lot 6, Block A of said Palm Valley Market Center Section 2, for an angle point hereof; THENCE, leaving the easterly right-of-way line of F.M. 1460, along the southerly, easterly, and northerly lines of said Lot 6, being a portion of the westerly line of said 37.975 acre tract and hereof, the following three (3) courses and distances: 1) N86012143"E, a distance of 273 .44 feet to a 1/2 inch iron rod with cap found for the southeasterly corner of said Lot 6 and an angle point hereof; FN 07-061 (MJJ) JANUARY 30, 2007 PAGE 4 of 4 2) NO2°33'14"W, a distance of 146.12 feet to a 1/2 inch iron rod with cap found for the northeasterly corner of said Lot 6 and an angle point hereof; 3) S87027' 12"W, a distance of 273 .25 feet to a 1/2 inch iron rod with cap found in the easterly right-of-way line of F.M. 1460, for the northwesterly corner of said Lot 6 and an angle point hereof; THENCE, along the easterly right-of-way line of F.M. 1460, being the easterly line of said 2.076 acre tract, same being in part the westerly lines of said Lot 7 and Lot 8 and a portion of the westerly line of said 37. 795 acre tract and hereof, the following three (3) courses and distances: 1) NO2030' 020W, passing at a distance of 49.97 feet a 1/2 inch iron rod found for the southwesterly corner of said Lot 7 and continuing for a total distance of 272.02 feet to a TXDOT monument found for the point of curvature of a curve to the right; 2) Along said curve to the right having a radius of 1372 .39 feet, a central angle of 23007128" , passing at an arc distance of 239.94 feet a 1/2 inch iron rod found for the southwesterly corner of said Lot 8 and continuing for a total arc length of 553.89 feet and a chord which bears N09004149"E, a distance of 550.14 feet to a TXDOT disc found for the end of said curve; 3) N20039123"E, a distance of 499.36 feet to the POINT OF BEGINNING, containing an area of 37.975 acres (1, 654,201 sq. ft. ) of land, more or less, within these metes and bounds. THE BEARING BASIS IS TEXAS CENTRAL ZONE NAD 83/HARN 93 . MONUMENTS USED ARE CITY OF ROUND ROCK MONUMENTS AS FOUND MARKED AS FOLLOWS: 01-15B, 01-027, 01-15A and 01-015. I, MARK J. JEZISEK, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY STATE THAT THIS DESCRIPTION IS BASED UPON 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 J. 7 3345 BEE CAVE ROAD .P NO. 52 OF. SUITE 200 STATE OF TEXAS CPQ�� ER ofp AUSTIN, TEXAS 78746 MAPXJEA JEZfSEK' 5267 S'.yU�N.°FEss`0.4 SUa DEVELOPMENT PLAN CROSSING AT PALM VALLEY PLANNED UNIT DEVELOPMENT NO. 74 THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS DEVELOPMENT PLAN (this "Plan') is adopted and approved by the CITY OF ROUND ROCK, TEXAS (hereinafter referred to as the "City"). For purposes of this Plan, the term Owner shall mean NEC 1460/79 Ltd., 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 37.975 acres, as more particularly described in Exhibit "A", (herein after referred to as the "Property") attached hereto and made a part hereof; and WHEREAS, The Owner has submitted a request to the City to rezone the Property as a Planned Unit Development(the "PUD"); and WHEREAS, for the purpose of this Plan, the Property has been divided into four development parcels, Parcels 1A, 1B, 1C and Parcel 2, as described in Exhibit"B"; and 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 May 30, 2007, 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: 4- "g' 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 Plan 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 Plan 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 37.975 acres of land, located within the city limits of Round Rock, Texas, and more particularly described in Exhibit "A". 3. PURPOSE The purpose of this Plan is to ensure a PUD 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 General Commercial (C-1) zoning district for Parcels 1A, 1B and 1C and by the Multifamily (MF) zoning district for Parcel 2, and other sections of the Code, as applicable. If there is a conflict between this Plan and the Code, this 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 clearly modified by this Plan. In the event of a conflict, the terms of this Plan shall control. -3- 5. PERMITTED USES The following principal uses are permitted on the Property, which is divided into two development parcels for the purpose of this description, as described on Exhibit "B": 5.1 Parcels 1A,1B and 1C All uses permitted in the C-1 (General Commercial) zoning district are permitted. 5.2 Parcel All uses permitted in the MF(Multifamily) zoning district are permitted 6. SITE ACCESS 6.1. Existing and Planned Public Street Access As described on Exhibit "B", the site has frontage on US 79 on the south and A.W. Grimes Boulevard (FM 1460) on the west. Plateau Vista Boulevard, to the west across A.W. Grimes Boulevard (FM 1460), dead ends at the approximate midpoint of the site. The Owner has a Reciprocal Easement agreement with the owner of a tract of land at the southeast corner of Parcel 1C, recorded in Doc. No. 2006040140. This easement provides for the dedication of right-of-way to the City for a collector road referred to as Double Creek Loop Road. A dedication deed is being prepared. 6.2. Dedication of Public Access Easement 6.2.1. Prior to the recordation of a final plat for any part of the Property, the Owners shall dedicate a joint use and public access easement, aligned with Plateau Vista Boulevard. The easement shall be seventy (70) feet in width beginning at its intersection with A.W. Grimes Boulevard (FM 1460) and shall narrow to sixty-five (65) feet in width at a point approximately 252 feet east of A.W. Grimes Boulevard (FM 1460) and shall extend to the easternmost boundary of the Property, as indicated on Exhibit "C", attached hereto. The easement shall include corner clips for the purpose of accommodating curb radii and traffic control devices, as indicated on Exhibit "C". The easement document shall be subject to the review and approval of the City Transportation Director to insure compliance with this section. 6.3. Dedication of Collector Road-Parcel 2 6.3.1. Prior to, or concurrent with, the recordation of a final plat for Parcel 2, the Owner shall dedicate up to 35 feet of right-of-way to the City for the collector road on the eastern boundary of the site, from the northern boundary of the easement described in section 6.2 to the northernmost point at which the right-of-way exits -4- the Property, as indicated on Exhibit "C". 6.4. Construction of Private Drive-Parcel 2 6.4.1. Prior to the issuance of a Certificate of Occupancy for any building on Parcel 2, the Owner shall construct a private drive within a portion of the easement described in section 6.2. The drive shall extend from A.W. Grimes Boulevard (FM 1460) for approximately 660 feet, to a point approximately fifty (50)feet beyond the easternmost entrance to the multifamily development on Parcel 2, as indicated on Exhibit "C". The design of the private drive shall meet the City standard for a local collector street, without parking, and shall be designed and constructed in accordance with the City Design and Construction Standards according to the Transportation Criteria Manual. 6.4.2. The Owner shall construct sidewalks, a minimum of 4 feet in width, on both sides of the private drive, within the joint use and public access easement, prior to or concurrent with, the development of Parcel 2. 6.4.3. The private drive shall not be temporarily or permanently closed without prior approval of the City's Fire Marshall and Transportation Director, except in the event of an emergency 6.5. Dedication of Collector Road- Parcel 1C 6.5.1. Prior to, or concurrent with, the recordation of a final plat for Parcel 1C, the Owner shall dedicate right-of-way to the City for the collector road on the eastern boundary of the site, from the northern terminus of the adjacent reciprocal agreement and restrictive covenant tract, extending to the northern boundary of the easement described in section 6.2, as indicated on Exhibit "C". 6.6. Construction of Collector Road-Parcel 1C 6.6.1. Prior to the issuance of a Certificate of Occupancy for any building on Parcel 1C, the Owner shall construct a 30-foot roadway section within the right-of-way described in section 6.5. Acceptance of the road construction by the City shall be a condition of the issuance of a certificate of occupancy for any building on Parcel 1C. 6.6.2. The Owner shall provide the fee in lieu for the construction of the required sidewalk along the western side of the collector road, in an amount estimated to be equivalent to the cost of constructing the sidewalk, as determined by the Director of Transportation. -5- 6.7. Construction of Private Drive - Parcel 1C 6.7.1. Prior to the issuance of a Certificate of Occupancy for any building on Parcel 1C, the Owner shall construct a private drive within the easement described in section 6.2. The drive shall extend from a point approximately fifty (50) feet beyond the easternmost entrance to the multifamily development on Parcel 2, for approximately 457 feet, up to and connecting with, the 30-foot collector road section described in section 6.6, as indicated on Exhibit "C". The design of the private drive shall meet the City standard for a local collector street, without parking, and shall be designed and constructed in accordance with the City Design and Construction Standards according to the Transportation Criteria Manual. 6.7.1.1. The Owner shall construct sidewalks, a minimum of 4 feet in width, on both sides of the private drive, within the joint use and public access easement, prior to or concurrent with, the development of Parcel 1C. 6.7.1.2. The private drive shall not be temporarily or permanently closed without prior approval of the City's Fire Marshall and Transportation Director, except in the event of an emergency. 6.7.2. If any portion of Parcel 1C is developed prior to the development of Parcel 2, the Owner shall also construct the private drive described in section 6.4, and as indicated on Exhibit "C", prior to the issuance of a Certificate of Occupancy for any building on Parcel 1C. 7. DEVELOPMENT STANDARDS 7.1. Parcel 1C (General Commercial) The requirements of the C-1 zoning district shall apply, except as modified by: 7.1.1. A landscape buffer, forty (40) feet in width, extending from the southern boundary of the joint use and public access easement, as described in section 6.2, shall be required. The buffer shall be clear of obstructions, easements or other planting limitations. The following elements shall be applied within the landscape buffer: 7.1.1.1. One medium tree, as defined in the Code, per twenty-five (25) linear feet (75% of selected trees shall be of an evergreen species). 7.1.1.2. One small tree, as defined in the Code, per ten (10) linear feet (75% of selected trees shall be of an evergreen species). 7.1.1.3. One large shrub, as defined in the Code, per six (6) linear feet. -6- 7.1.1.4. One large tree, as defined in the Code, per forty (40) linear feet. 7.1.1.5. An earthen berm, minimum 3'0" and maximum 6'0" in height. 7.1.1.6. The design of the landscape buffer shall be coordinated with the design of the landscape buffer along the northern boundary of the joint use and public access easement on Parcel 2, so as to provide for consistent landscape applications for the two landscape buffers. 7.1.2. Pedestrian access and connections with the adjoining Parcel 2 shall be provided at a minimum of two (2) locations. The connections shall be coordinated as a part of the site development plan review process for Parcel 1C and Parcel 2. 7.1.3. The building setback from the southern boundary of the joint use and public access easement shall be a minimum of forty (40) feet. 7.2. Parcel 1B (General Commercial) The requirements of the C-1 zoning district shall apply, except as modified by: 7.2.1. The easement described in section 6.2 shall be considered a public street for the purpose of applying the development standards in the Code. 7.3. Parcel 2(Multifamily) The requirements of the MF zoning district shall apply, except as modified by: 7.3.1. The easement described in section 6.2 shall be considered a public street for the purpose of applying the development standards in the Code. 7.3.2. No use shall be allowed in the required setback along the northern boundary of the joint use and public access easement, except that parking shall be allowed in the setback more than 10 feet from the boundary. Such parking shall require a landscaped buffer at least 10 feet deep designed in accordance with the landscape requirements found in Section 11.501 of the Code. 7.3.3. The design of the landscape buffer shall be coordinated with the design of the landscape buffer along the southern boundary of the joint use and public access easement on Parcel 1C, so as to provide for consistent landscape applications for the two landscape buffers. 7.3.4. Pedestrian access and connections with the adjoining Parcel 1C shall be provided at a minimum of two (2) locations. The connections shall be coordinated as a part of the site development plan review process for Parcel 2 and Parcel 1C. -7- 8. CONCEPT PLAN Approval of this Development Plan constitutes Concept Plan approval under the City Subdivision Ordinance. 9. GENERAL PLAN 2000 This Development Plan amends the Round Rock General Plan 2000, which was adopted on June 10, 1999. 10. DEVELOPMENT PROCESS As required by City code, the Owner shall be required to complete the remaining steps in the City's development process, including subdivision platting and site development plan approval. A Preliminary Plat must be approved according to the City of Round Rock Subdivision Code, prior to the Property being subdivided as a Final Plat. No site development plan approval on the Property shall be granted until the Final Plat is recorded. No building permit on the Property shall be issued until the site development plan is approved by the Development Review Committee. 11. 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. 12. CHANGES TO DEVELOPMENT PLAN 12.1. Minor Changes Minor changes to this Plan, as requested by the Owner, 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. 12.2. Major Changes All changes not permitted under section 12.1 above shall be resubmitted following the same procedure required by the original PUD application. -s- LIST OF EXHIBITS EXHIBIT DESCRIPTION Exhibit"A" Legal Description and Sketch of 37.975 acre tract Exhibit"B" Parcel 1A, 1B, 1C and Parcel 2 boundaries and existing and proposed public streets Exhibit"C" Street Dedication &Construction -9- EXH I BIT A LAW - • 1/2" IRON ROD FOUND (UNLESS NOTED 0 5 „ ) 10.068 ACRES ��00 O 1/2 IRON ROD WITH CAP SET EMI LEASING PARTNERS, LTD. 1"=250' ■ TXDOT MONUMENT FOUND DOCUMENT NO. 9aDa511 /w P.O.B. POINT OF BEGINNING P.O.B. YLS CAP f N89'20'05"E 820.55' � NEB GROCERY CO. LP DOCUMENT NO. 37394 37.976 ACRES OF ......... %� (1,554,201 SO. FT.) 9:.;f.� N ..«............... e0 MAW,IEIEfflIYJE lSEK 37.975 ACRES ...«...... .... .... N • 5267 �•� 2 0 NEC 1460/79, LTD. ' DOCUMENT NO. 2006040139 a 6 � a. BLOCK A PAVALLEY UNE TABLE M LM _o MA 8CC CCENNM N r x Ca Co. AA, SLS. Li NO3'15 28 W 62.26 LJ w V a 1 s-a17 9 $33"5015 E 60.5 h L3 N89'35 41 10. 8' L4 S08'02 02 O 211.27' 0 1.5 S 35 08 L6 231 7518' L7 5783434 171.25 ^ 9 S023314 252.36' w LOT 7, BLOCK 19 S7WWW 70.81 PALM VALLEY Lto t4 303.20` > MARKEr CENTER Lil NO2'2 40.01' SECTION 2 L NO2'3314 W 146.t2' o o O CAB. AA, SLB. 315-317 � M� VQ 3 NCV , „ �SQ- p O , L07 6, BLOCK A az 275.25 CAP PALM VALLEY MARKET' m`j v CAPD)Nff SECTION 2 S79*25'44"W L� N86' 12'43"E suDEs 315-317 212.57 HIGHLAND 73.44' CAP MANAGEMENT. INC. CAP REMAWDER Of VOLUME 1067. ? JL7 Z N O 54 ACRES. LTD. PAGE 679 L. S86'12 43,W cJ,o DOCUMENT No. Q� 273.49 tar a N000 J 20082957 PALM VALLLY ov: LO QT LOT 2 v�i 8ARM=0" i CkBM Aalrf X579371. 0„W S'• HIaxwA Rl S8 GEaEt M. s BUTLER 51CAMEr 17E�IrS C'4 �` (R O.W. VAD TM SUBD1VIBION +� CURVE TABLE U•S• H� HWA 8179 C7 "36'3$ „4,5.,6 194.55 194.55 os C2 23'0 1372 39 553.89 550.14 N09?04 49 (R.O.W N8D C3 03'1 1 535 00 30.17 30:16 S05'14 C4 00'1 03 11415.16 39.99amm 39.99 S79 24 bBury+Partners OF 37.975 ACRES AO( ANY P.A. HOLDER E N O I N I E E I N O i O L Y T 1 O N S SURVEY. ABSTRACT NO. 297. SITUATED IN THE CITY OF TpCROW 3w be 0.+e.Red.94w m ROUND ROCK. WILLIAMSON COUNTY.' TEXAS. BEING THAT Ault.1#Xn MO CERTAIN 37.975 ACRE TRACT OF LAND OF RECORD IN R �At. Te,(1143 Ell is(Sno pm DOCUMENT NO. 2006040139 OF THE OFFICIAL PUBLIC pu7traiies b1 an RECORDS OF "WAMSON COUNTY, TEXAS_ DATE: 01/30/07 FILE H.\854\02\65402EX2.dwg FN No.: 07-061(MJJ) DRAWN ®Y MJJ JPROJ. No: 854-02.09 37.975 ACRES . .v. NO. 07-061 (MJJ) PALM VALLEY JANUARY 30, 2007 TRAMMELL CROW BPI JOB NO. 854-02.09 DESCRIPTION OF A 37. 975 ACRE TRACT OF LAND OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, SITUATED IN WILLIAMSON COUNTY, TEXAS, BEING A THAT CERTAIN 37. 975 ACRE TRACT OF LAND CONVEYED TO NEC 1460/79, LTD. BY DEED OF RECORD IN DOCUMENT NO. 2006040139 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 37.975 ACRES ALSO INCLUDING LOTS 7 AND 8 BLOCK A, PALM VALLEY MARKET CENTER SECTION 2, A SUBDIVISION OF RECORDS IN CABINET AA, SLIDES 315-317 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 37.975 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING, at a 1/2 inch iron rod with cap found in the easterly right-of-way line of F.M. 1460 (R.O.W. width varies) for the northeasterly corner of that certain 2 .076 acre tract of land conveyed to the State of Texas by deed of record in Document No. 2003054423 of said Official Public Records, same being the northwesterly corner of said 37.975 acre tract and being in the southerly line of that certain 10.068 acre tract of land conveyed to EMI Leasing Partners, Ltd. by deed of record in Document No. 9808511 of the Official Records of Williamson County, Texas for the northwesterly corner hereof; THENCE, N89°20' 05"E, leaving the easterly right-of-way line of F.M. 1460, along a portion of the southerly line of said 10.068 acre tract, being a portion of the northerly line of said 37.975 acre tract, for a portion of the northerly line hereof, a distance of 820.55 feet to a 1/2 inch iron rod found for an angle point in the northerly line of said 37. 975 acre tract and hereof, being the southeasterly corner of said 10.068 acre tract; THENCE, NO3°15128"W, along a portion of the easterly line of said 10.068 acre tract, for a portion of the northerly line of said 37.975 acre tract and hereof, a distance of 62.26 feet to a 1/2 inch iron rod found at the base of a fence post for an angle point in the northerly line of said 37. 975 acre tract and hereof, being an angle point in the southerly line of Lot 9, Hidden Acres, a subdivision of record in Cabinet C, Slides 226-227 of said Plat Records; THENCE, leaving the easterly line of said 10.068 acre tract, along a portion of the southerly line of said Lot 9, for a portion of the northerly line of said 37.975 acre tract and hereof, the following two (2) courses and distances: 1) S53050115"E, a distance of 60.52 feet to a 1/2 inch iron rod with cap set for an angle point; 2) N89035141"E, a distance of 10.28 feet to a 1/2 inch iron rod with cap found for the northeasterly corner hereof, being the northwesterly corner of that certain 6.55 acre tract of land conveyed to Highland Management, Inc. by deed of record in Document No. 2001037863 of said Official Public Records and the northeasterly corner of said 37.975 acre tract and hereof; FN 07-061 (MJJ) JANUARY 30, 2007 PAGE 2 of 4 THENCE, S01040' 17"E, leaving the southerly line of said Lot 9, along a portion of the westerly line of said 6.55 acre tract, being the easterly line of said 37.975 acre tract, for the easterly line hereof, a distance of 1352 .01 feet to a 1/2 inch iron rod with cap set for the easternmost southeasterly corner hereof, from which a 1/2 inch iron rod with cap found for an angle point in the westerly line of said 6.55 acre tract bears S01040117"E, a distance of 13.44 feet; THENCE, leaving the westerly line of said 6.55 acre tract, along a portion of the southerly line of said 37.975 acre tract, for a portion of the southerly line hereof, the following four (4) courses and distances: 1) S79017150"W, a distance of 35.06 feet to a 1/2 inch iron rod with cap set for the point of curvature of a non-tangent curve to the left; 2) Along said curve to the left having a radius of 535.00 feet, a central angle of 03013'51", an arc length of 30.17 feet, and chord which bears S05014156"E, a distance of 30.16 feet to a 1/2 inch iron rod found for the end of said curve, from which a 1/2 inch iron rod found for reference bears S07022136"E, a chord distance of 9.57 feet; 3) S79025144"W, a distance of 212.57 feet to a 1/2 inch iron rod found for an angle point; 4) S10007' 06"E, a distance of 251.39 feet to a 1/2 inch iron rod found in the curving northerly right-of-way line of U.S. Highway 79 (R.O.W. width varies) same being the northerly line of that certain 2 .280 acre tract of land conveyed to the City of Round Rock by deed of record in Document No. 2004020465 of said Official Public Records, for the southernmost southeasterly corner hereof and point of curvature of a curve to the right, from which a 1/2 inch iron rod found along a curve to the left having a radius of 11415.16 feet, bears N78054107"E, a chord distance of' 154.56 feet; THENCE, along the northerly right-of-way line of U.S. Highway 79, being a portion of the southerly line of said 37.975 acre tract and hereof, the following two (2) courses and distances: 1) Along said non-tangent curve to the right having a radius of 11415.16 feet, a central angle of 00012103", an arc length of 39.99 feet and a chord which bears S79023124"W, a distance of 39. 99 feet to a 1/2 inch iron rod with cap found for the end of said curve; 2) S79054134"W, a distance of 371.10 feet to a 1/2 inch iron rod with cap set for an angle point in the southerly line hereof, being the southeasterly corner of Lot 2, Block A, of said Palm Valley Market Center Section 2; 7. FN 07-061 (MJJ) JANUARY 30, 2007 PAGE 3 of 4 THENCE, leaving the northerly right-of-way line of U.S. Highway 79, along the easterly, northerly, and westerly lines of said Lot 2, being a portion of the southerly line of said 37.975 acre tract and hereof, the following three 3) courses and distances: 1) N10005126"W, a distance of 250.18 feet to a 1/2 inch iron rod with cap found for northeasterly corner of said Lot 2 and an angle point hereof; 2) S79054134"W, a distance of 171.25 feet to a 1/2 inch iron rod with cap set for the northwesterly corner of said Lot 2 and an angle point hereof; 3) S02033114"E, a distance of 252 .36 feet to a 1/2 inch iron rod with cap set in the northerly right-of-way line of U.S. Highway 79 for the southwesterly corner of said Lot 2 and an angle point hereof; THENCE, S79°54134"W, along the northerly right-of-way line of U.S. Highway 79, being a portion of the southerly line of said 37.975 acre tract and hereof, a distance of 70.61 feet to a 1/2 inch iron rod with cap set for the southeasterly corner of Lot 1, Block A, Palm Valley Market Center Section 1, a subdivision of record in Cabinet Z, Slides 173-175 of the said Plat Records, being the most southerly southwesterly corner of said 37.975 acre tract and hereof; THENCE, NO2033' 14"W, along the easterly line of said Lot 1, being a portion of the southerly line of said 37.975 acre tract and hereof, a distance of 303 .20 feet to a 1/2 inch iron rod with cap set for the northeasterly corner of said Lot 1 for an angle point hereof; THENCE, S86012143"W, along the northerly line of said Lot 1, being a portion of the southerly line of said 37.795 acre tract and hereof, a distance of 273 .49 feet to a 1/2 inch iron rod with cap set in the easterly right-of-way line of F.M. 1460, same being the easterly line of said 2.076 acre tract for the northwesterly corner of said Lot 1, for the most westerly southwest corner of said 37.975 acre tract and hereof; THENCE, NO2028153"W, along the easterly right-of-way line of F.M. 1460, being a portion of the westerly line of said 37.975 acre tract and hereof, a distance of 40.01 feet to a 1/2 inch iron rod with cap found for the southwesterly corner of Lot 6, Block A of said Palm Valley Market Center Section 2, for an angle point hereof; THENCE, leaving the easterly right-of-way line of F.M. 1460, along the southerly, easterly, and northerly lines of said Lot 6, being a portion of the westerly line of said 37.975 acre tract and hereof, the following three (3) courses and distances: 1) N860121430E, a distance of 273.44 feet to a 1/2 inch iron rod with cap found for the southeasterly corner of said Lot 6 and an angle point hereof; FN 07-061 (MJJ) JANUARY 30, 2007 PAGE 4 of 4 2) NO2033114"W, a distance of 146.12 feet to a 1/2 inch iron rod with cap found for the northeasterly corner of said Lot 6 and an angle point hereof; 3) S87027112"W, a distance of 273 .25 feet to a 1/2 inch iron rod with cap found in the easterly right-of-way line of F.M. 1460, for the northwesterly corner of said Lot 6 and an angle point hereof; THENCE, along the easterly right-of-way line of F.M. 1460, being the easterly line of said 2.076 acre tract, same being in part the westerly lines of said Lot 7 and Lot 8 and a portion of the westerly line of said 37.795 acre tract and hereof, the following three (3) courses and distances: 1) NO2°30' 02"W, passing at a distance of 49.97 feet a 1/2 inch iron rod found for the southwesterly corner of said Lot 7 and continuing for a total distance of 272.02 feet to a TXDOT monument found for the point of curvature of a curve to the right; 2) Along said curve to the right having a radius of 1372 .39 feet, a central angle of 23007128", passing at an arc distance of 239. 94 feet a 1/2 inch iron rod found for the southwesterly corner of said Lot 8 and continuing for a total arc length of 553.89 feet and a chord which bears N09004149"E, a distance of 550.14 feet to a TXDOT disc found for the end of said curve; 3) N20039123"E, a distance of 499.36 feet to the POINT OF BEGINNING, containing an area of 37.975 acres (1,654,201 sq. ft. ) of land, more or less, within these metes and bounds. THE BEARING BASIS IS TEXAS CENTRAL ZONE NAD 83/HARN 93 . MONUMENTS USED ARE CITY OF ROUND ROCK MONUMENTS AS FOUND MARKED AS FOLLOWS: 01-15B, 01-027, 01-15A and 01-015. I, MARK J. JEZISEK, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY STATE THAT THIS DESCRIPTION IS BASED UPON A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION. A SURVEY EXHIBIT WAS PREPARED TO ACCOMPANY THIS FIELDNOTE DESCRIPTION. BURY+PARTNERS, INC. 00, ENGINEERS-SURVEYORS MARK J P OF 3345 BEE CAVE ROAD NO. 52 SUITE 200 STATE OF TEXAS rE AF•t� AUSTIN, TEXAS 78746 SMA iY JLZISEK F,j�yo��s5%0,. 0' Q••NMR.•- SUR - I< PARCEL 2 MULTI-FAMILY z 18.58 AC m m PLATEAU VISTA BLVD Lu PARCEL 1 C PARCEL COMMERCIAL 1 B 19.40 AC i i� PARCEL 1A 79 U.S. {R O. JWWY�Wti�.fiblr�wM s-u}. - I � � I � / i I / , , i I j I / Ij PARCEL 2 % i I o MULTI-FAMILY !/%i,%� / 18.58 AC � �y 4 c ss•ro�s I x oEo�no�t aow I PARCEL 2 JpRopomI DEDICATM OF ROV U PARCEL 2DOW CONSTWJCTM 1 I DD ------------------� 1 I = — —PLATEAU VISTA BLVD ACCESS - 1 I X ------------------------ :• .• .•. i LiJ 1 I PARCEL 1C coaNe�u.s 1 I TO se oeaw>® I / DRIVE CONSTROCTm I / ► I / PARCEL I I oTco�saow WM 1 I PARCEL 1C / / I I I W COLLECTOR ROAD CONSTRUCTM I I I PARCEL IC I COMMERCIAL O ! i 19.40 AC I I 1 11 PARCEL 1A ----J _ 1 1 I I �✓ .wryslns.u,...rN>ww rrs.sm.-.sr. 1/ 1111111111 / 1► 1► „� � Ir1 11111111111 � �� f im �111111111►� �1111111�� k e F} S � r f i{ 1 nor s 4 � N, p A4 i ✓yw, b�v � �:'t'Y €� may,�... s „ x DATE: June 21, 2007 SUBJECT: City Council Meeting - June 28, 2007 ITEM: 1OC2. Consider an ordinance rezoning 37.975 acres of land from the C-1 zoning district to the PUD No. 74 zoning district. (Crossing at Palm Valley) (First Reading) Department: Planning and Community Development Staff Person: Jim Stendebach, Planning and Community Development Director Justification: The primary purpose of the PUD is to provide for a multifamily component to the development, while insuring an attractive landscaped buffer and pedestrian connectivity between the multifamily and commercial uses. Fundina: Cost: N/A Source of funds: N/A Outside Resources: N/A Backaround Information: Since The General Plan designates this area as commercial, the PUD will serve to amend the General Plan to provide for the multifamily development. Special landscaping standards have been included in the PUD for the frontage along the private drive between the commercial and multifamily developments. Two pedestrian access points across the private drive are required between the multifamily and commercial uses. In addition, the PUD provides for the dedication of right -of-way for a portion of a future collector roadway on the eastern boundary of the site. The PUD also requires construction of a portion of this collector road to serve the commercial uses. Public Comment• The Planning and Zoning Commission revised the PUD document to insure that the construction of the private drive would not be dependent upon the multifamily development occurring before the commercial development. The Commission voted to recommend approval of the rezoning at their May 30, 2007 meeting. t IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ORD 2007086543 29 PGS THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK 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-07-06-28-10C2, which approves the rezoning of 37.975 acres known as PUD No. 74. This ordinance was approved and adopted by the City Council of the City of Round Rock, Texas at a meeting held on the 28th day of June 2007 and is recorded in the City Council Minutes Book No. 55. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 8th day of October 2007. CHRISTINE R. MARTINEZ, City Secretary ORDINANCE NO. 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 37.975 ACRES OF LAND, OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT C-1 (GENERAL COMMERCIAL) TO PLANNED UNIT DEVELOPMENT (PUD) NO. 74. 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 37 . 975 acres of land, out of the P.A. Holder Survey, Abstract No. 297, in Round Rock, Williamson County, Texas, being more fully described in Exhibit "A" attached hereto, from District C-1 (General Commercial) to Planned Unit Development (PUD) No. 74 , 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 30th day of May, 2007, 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. 74 , and O:\wdox\ORDINANC\070628C2.WPD/Cdc WHEREAS, on the 28th day of June, 2007, 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 CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That the City Council has hereby determined the Planned Unit Development (PUD) No. 74 meets the following goals and objectives : (1) The development in PUD No. 74 is equal to or superior to development that would occur under the standard ordinance requirements . (2) P.U.D. No. 74 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) P.U.D. No. 74 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. 74 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. 74 will be constructed, arranged and maintained so as not to dominate, by scale and massing of 2 . structures, the immediate neighboring properties or 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. 74 , and that the Mayor is hereby authorized and directed to enter into the Development Plan for PUD No. 74 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 . 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. r READ, PASSED, and ADOPTED on first reading this 00 day of ' r 2007 . t Alternative 2 . READ and APPROVED on first reading this the day of , 2007 . READ, APPROVED and ADOPTED on second reading this the day of , 2007 NY WEL Mayor ATTEST: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secr ary 4 . EXHIBIT A InLEGEND / / ■�� 1/2" IRON ROD FOUND (UNLESS NOTED) 10.068 ACRES Q 125 250 375 500 1/2" IRON ROD WITH CAP SET EMl LEASING PARTNERS, LTD. 1"=250' TXDOT MONUMENT FOUND DOCUMENT No. 9308511 P.O.B. POINT OF BEGINNING P.O.B. ��L3 CAP� N89'20'05"E 820.55' NEB GROCERY CO. LP p� DOCUMENT N0. O� 37394 37.975 ACRES G.•�..E N( 1,654,201 S0. FT.) r�Uje• ` ,a c•- p1 1 MARK'EI<?�'t','JE IS K 1V z m 37.97 ACRES o *0 0 NEEC1460/7-9, LTD, w o o ' DOCUMENT 110. 7oo6040139 4�0 u�z oW / C`1 z m:OT B, BLOCK A PALM VALLEY LINE TABLE x tai MARKET CENTER ,_ 0 p SECTION 2 No. Iearin Distonce S Q CAB, AA, 315. L1 NO3lV-28"W 62.26' W I��p'��JJ II N 315-317 L2 553'50'15"E 60.52' t` PBOULEVARSDA U L3 589'35'41'E 10.28' L4 508'02'02"E 211.27' O LS §78'02'40"W 35.08' L6 S32'31'38"W 75.16' O L7 S79'54'34"W 171.25' to LOT 7, BLOCK A L8 S02.33'14"E 252.36' w L9 579'54'34"W 70.61' Q PALM VALLEY L10 NO2'33'14"W 303.20' MARKET CENTER L11 NO2'28'53W 40.01' SECTION 2 L12 502'33'14"W 146.12' 1=- N N CAB. AA, SLS. O opo O 315-317 C'j U� 's N N , „ O O LOT 5, BLOCK A tr z 273.25 CAP PALM VALLEY MARKET CENTER SECTION 2 S79'25'44"W �o �a O CAP N CABJNET AA, 212.57' ri1 , „ SLIDES 315-317 CO 586'12 43 E J HIGHLAND 273.44' CAP MANAGEMENT. INC. �•�_� L7 CAP N REMAINDER o> VOLUME 1067, 4 Ill: 58612 43"W Z N 5d ACRES, LTD. PAGE 679 -' q O DOCUMENT NO. Q 273.49 Lor x N0 2000032957 BLOCK A LP LOT 1 PALM VALLEY OU! t9 Oi BLOCK A 00 S v Cr ER N Q'34"W ti�1 PALM VALLEY MARKET 01 0 S79 5 p�Y 79 LOT 2 CENTER SECTION 1 CABINET —3 10' i s• CABINET Z, SUOES 315-317 371• C4 v,�rj. r'�G VARIES) BLOCK A SUMS 113-175 C (R O.w. BOTH W1S BUTLER SUBDIVISION CURVE TABLE AY 79 No. Delta Radius Arc Length Chord Length Chord Beorin �+uC1 00'58'35" 11415.16 194.55 194.55 579'00108"W.CJ• ��GNnojH VARIES) C2 2307'28" 1372.39 553.89 550.14 509'04'49"E (R•O•WC3 0313'51 535.00 30.17 30:1fi 505'14'56"E C4 00'12'03" 11415.16 39.99 39.99 579 3'3'24-W Bu y+Partners SKETCH TO ACCOMPANY DESCRIPTION OF 37.975 ACRES OF LAND OUT OF THE P.A. HOLDER ENGINEERING SOLUTIONS SURVEY, ABSTRACT NO. 297, SITUATED IN THE CITY OF 3345 Bee Caves Road.Suite 200 ROUND ROCK, WILLIAMSON COUNTY, TEXAS, BEING THAT TRAMMELL CROW Anelin,Texas 78748 CERTAIN 37.975 ACRE TRACT OF LAND OF RECORD IN RESIDENTIAL Tel. (512)728-0011 Fax(512)323-0325 DOCUMENT NO. 2006040139 OF THE OFFICIAL PUBLIC Bury+Partnere, Inc.®Copyright 2807 RECORDS OF WILLIAMSON COUNTY, TEXAS. DATE: 01/30/07 FILE: H:\854\02\85402EX2.dwg FN No.: 07-061(MJJ) DRAWN BY: MJJ PROJ. No: 854-02.09 37 . 975 ACRES PALM VALLEY NO. 0 7-0 61 (MJJ) TRAMMELL CROW JANUARY 30, 2007 BPI JOB NO. 854 -02 . 09 DESCRIPTION OF A 37 . 975 ACRE TRACT OF LAND OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, SITUATED IN WILLIAMSON COUNTY, TEXAS, BEING A THAT CERTAIN 37 . 975 ACRE TRACT OF LAND CONVEYED TO NEC 1460/79, LTD. BY DEED OF RECORD IN DOCUMENT NO. 2006040139 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 37 . 975 ACRES ALSO INCLUDING LOTS 7 AND 8 BLOCK A, PALM VALLEY MARKET CENTER SECTION 2, A SUBDIVISION OF RECORDS IN CABINET AA, SLIDES 315-317 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 37 . 975 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING, at a 1/2 inch iron rod with cap found in the easterly right-of-way line of F.M. 1460 (R.O.W. width varies) for the northeasterly corner of that certain 2 . 076 acre tract of land conveyed to the State of Texas by deed of record in Document No. 2003054423 of said Official Public Records, same being the northwesterly corner of said 37 . 975 acre tract and being in the southerly line of that certain 10 . 068 acre tract of land conveyed to EMI Leasing Partners, Ltd. by deed of record in Document No. 9808511 of the Official Records of Williamson County, Texas for the northwesterly corner hereof; THENCE, N89°20' 05"E, leaving the easterly right-of-way line of F.M. 1460, along a portion of the southerly line of said 10 . 068 acre tract, being a portion of the northerly line of said 37 . 975 acre tract, for a portion of the northerly line hereof, a distance of 820 . 55 feet to a 1/2 inch iron rod found for an angle point in the northerly line of said 37 . 975 acre tract and hereof, being the southeasterly corner of said 10 . 068 acre tract; THENCE, NO3015' 28"W, along a portion of the easterly line of said 10 . 068 acre tract, for a portion of the northerly line of said 37 . 975 acre tract and hereof, a distance of 62 . 26 feet to a 1/2 inch iron rod found at the base of a fence post for an angle point in the northerly line of said 37 . 975 acre tract and hereof, being an angle point in the southerly line of Lot 9, Hidden Acres, a subdivision of record in Cabinet C, Slides 226-227 of said Plat Records; THENCE, leaving the easterly line of said 10.068 acre tract, along a portion of the southerly line of said Lot 9, for a portion of the northerly line of said 37. 975 acre tract and hereof, the following two (2) courses and distances : 1) S53150' 15"E, a distance of 60 .52 feet to a 1/2 inch iron rod with cap set for an angle point; 2) N89135' 41"E, a distance of 10 .28 feet to a 1/2- inch iron rod with cap found for the northeasterly corner hereof, being the northwesterly corner of that certain 6 . 55 acre tract of land conveyed to Highland Management, Inc. by deed of record in Document No. 2001037863 of said Official Public Records and the northeasterly corner of said 37 .975 acre tract and hereof; FN 07-061 (MJJ) JANUARY 30, 2007 PAGE 2 of 4 THENCE, S01040' 17"E, leaving the southerly line of said Lot 9, along a portion of the westerly line of said 6 . 55 acre tract, being the easterly line of said 37 . 975 acre tract, for the easterly line hereof, a distance of 1352 . 01 feet to a 1/2 inch iron rod with cap set for the easternmost southeasterly corner hereof, from which a 1/2 inch iron rod with cap found for an angle point in the westerly line of said 6. 55 acre tract bears S011140117"E, a distance of 13 .44 feet ; THENCE, leaving the westerly line of said 6 . 55 acre tract, along a portion of the southerly line of said 37 .975 acre tract, for a portion of the southerly line hereof, the following four (4) courses and distances: 1) S79017150"W, a distance of 35. 06 feet to a 1/2 inch iron rod with cap set for the point of curvature of a non-tangent curve to the left; 2) Along said curve to the left having a radius of 535. 00 feet, a central angle of 03013' 5111 , an arc length of 30. 17 feet, and chord which bears S05°14' 56"E, a distance of 30 . 16 feet to a 1/2 inch iron rod found for the end of said curve, from which a 1/2 inch iron rod found for reference bears S07022'36"E, a chord distance of 9. 57 feet; 3) S79125'44"W, a distance of 212 .57 feet to a 1/2 inch iron rod found for an angle point; 4) S10007106"E, a distance of 251 .39 feet to a 1/2 inch iron rod found in the curving northerly right-of-way line of U. S. Highway 79 (R.O.W. width varies) same being the northerly line of that certain 2 .280 acre tract of land conveyed to the City of Round Rock by deed of record in Document No. 2004020465 of said Official Public Records, for the southernmost southeasterly corner hereof and point of curvature of a curve to the right, from which a 1/2 inch iron rod found along a curve to the left having a radius of 11415 . 16 feet, bears N78054' 07"E, a chord distance of 154 . 56 feet; THENCE, along the northerly right-of-way line of U.S . Highway 79, being a portion of the southerly line of said 37 . 975 acre 'tract and hereof, the following two (2) courses and distances : 1) Along said non-tangent curve to the right having a radius of 11415 . 16 feet, a central angle of 00012103" , an arc length of 39 . 99 feet and a chord which bears S79023 ' 24"W, a distance of 39 . 99 feet to a 1/2 inch iron rod with cap found for the end of said curve; 2) S79054 ' 34"W, a distance of 371 . 10 feet to a 1/2 inch iron rod with cap set for an angle point in the southerly line hereof, being the southeasterly corner of Lot 2 , Block A, of said Palm Valley Market Center Section 2; FN 07-061 (MJJ) JANUARY 30, 2007 PAGE 3 of 4 THENCE, leaving the northerly right-of-way line of U.S. Highway 79, along the easterly, northerly, and westerly lines of said Lot 2, being a portion of the southerly line of said 37 .975 acre tract and hereof, the following three 3) courses and distances : 1) N10005' 26"W, a distance of 250 . 18 feet to a 1/2 inch iron rod with cap found for northeasterly corner of said Lot 2 and an angle point hereof; 2) S79054' 34"W, a distance of 171 .25 feet to a 1/2 inch iron rod with cap set for the northwesterly corner of said Lot 2 and an angle point hereof; 3) S02033' 14"E, a distance of 252 .36 feet to a 1/2 inch iron rod with cap set in the northerly right-of-way line of U.S. Highway 79 for the southwesterly corner of said Lot 2 and an angle point hereof; THENCE, S79054' 34"W, along the northerly right-of-way line of U.S. Highway 79, being a portion of the southerly line of said 37 . 975 acre tract and hereof, a distance of 70 . 61 feet to a 1/2 inch iron rod with cap set for the southeasterly corner of Lot 1, Block A, Palm Valley Market Center Section 1, a subdivision of record in Cabinet Z, Slides 173-175 of the said Plat Records, being the most southerly southwesterly corner of said 37 . 975 acre tract and hereof; THENCE, NO2033' 14"W, along the easterly line of said Lot 1, being a portion of the southerly line of said 37 . 975 acre tract and hereof, a distance of 303 .20 feet to a 1/2 inch iron rod with cap set for the northeasterly corner of said Lot 1 for an angle point hereof; THENCE, S86012' 43"W, along the northerly line of said Lot 1, being a portion of the southerly line of said 37.795 acre tract and hereof, a distance of 273 .49 feet to a 1/2 inch iron rod with cap set in the easterly right-of-way line of F.M. 1460, same being the easterly line of said 2 . 076 acre tract for the northwesterly corner of said Lot 1, for the most westerly southwest corner of said 37 . 975 acre tract and hereof; THENCE, NO2028' 53"W, along the easterly right-of-way line of F.M. 1460, being a portion of the westerly line of said 37 . 975 acre tract and hereof, a distance of 40 . 01 feet to a 1/2 inch iron rod with cap found for the southwesterly corner of Lot 6, Block A of said Palm Valley Market Center Section 2, for an angle point hereof; THENCE, leaving the easterly right-of-way line of F.M. 1460, along the southerly, easterly, and northerly lines of said Lot 6, being a portion of the westerly line of said 37 . 975 acre tract and hereof, the following three (3) courses and distances : 1) N86012' 43"E, a distance of 273 .44 feet to a 1/2 inch iron rod with cap found for the southeasterly corner of said Lot 6 and an angle point hereof; FN 07-061 (MJJ) JANUARY 30, 2007 PAGE 4 of 4 2) NO2133 ' 14"W, a distance of 146 . 12 feet to a 1/2 inch iron rod with cap found for the northeasterly corner of said Lot 6 and an angle point hereof; 3) S87127' 12"W, a distance of 273 .25 feet to a 1/2 inch iron rod with cap found in the easterly right-of-way line of F.M. 1460, for the northwesterly corner of said Lot 6 and an angle point hereof; THENCE, along the easterly right-of-way line of F.M. 1460, being the easterly line of said 2 .076 acre tract, same being in part the westerly lines of said Lot 7 and Lot 8 and a portion of the westerly line of said 37. 795 acre tract and hereof, the following three (3) courses and distances: 1) NO2030' 02"W, passing at a distance of 49. 97 feet a 1/2 inch iron rod found for the southwesterly corner of said Lot 7 and continuing for a total distance of 272 . 02 feet to a TXDOT monument found for the point of curvature of a curve to the right; 2) Along said curve to the right having a radius of 1372 .39 feet, a central angle of 23007'28" , passing at an arc distance of 239. 94 feet a 1/2 inch iron rod found for the southwesterly corner of said Lot 8 and continuing for a total arc length of 553 . 89 feet and a chord which bears N09004'49"E, a distance of 550 . 14 feet to a TXDOT disc found for the end of said curve; 3) N20139'23"E, a distance of 499. 36 feet to the POINT OF BEGINNING, containing an area of 37 . 975 acres (1, 654 , 201 sq. ft. ) of land, more or less, within these metes and bounds. THE BEARING BASIS IS TEXAS CENTRAL ZONE NAD 83/HARN 93 . MONUMENTS USED ARE CITY OF ROUND ROCK MONUMENTS AS FOUND MARKED AS FOLLOWS : 01-15B, 01-027, 01-15A and 01-015 . I, MARK J. JEZISEK, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY STATE THAT THIS DESCRIPTION IS BASED UPON 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 MARKJ. P S 7 3345 BEE CAVE ROAD NO. 5267 xr" �� OF TF SUITE 200 STATE OF TEXAS AUSTIN, TEXAS 78746 �rQ o;cP MARK 19r'vY JEZ N .� 9. ............ ��,'•°FESs��o DEVELOPMENT PLAN CROSSING AT PALM VALLEY PLANNED UNIT DEVELOPMENT NO. 74 THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS DEVELOPMENT PLAN (this "Plan") is adopted and approved by the CITY OF ROUND ROCK, TEXAS (hereinafter referred to as the "City"). For purposes of this Plan, the term Owner shall mean NEC 1460/79 Ltd., 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 37.975 acres, as more particularly described in Exhibit "A", (herein after referred to as the "Property") attached hereto and made a part hereof; and WHEREAS, The Owner has submitted a request to the City to rezone the Property as a Planned Unit Development (the "PUD"); and WHEREAS, for the purpose of this Plan, the Property has been divided into four development parcels, Parcels 1A, 113, 1C and Parcel 2, as described in Exhibit "B"; and 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 May 30, 2007, 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: EXHIBIT -i- B11 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 Plan shall be construed as if such invalid, illegal or unenforceable provision had never been contained in this Plan. 4.2.V enue All obligations of the Plan 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 37.975 acres of land, located within the city limits of Round Rock, Texas, and more particularly described in Exhibit "A". 3. PURPOSE The purpose of this Plan is to ensure a PUD 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 General Commercial (C-1) zoning district for Parcels 1A, 1B and 1C and by the Multifamily (MF) zoning district for Parcel 2, and other sections of the Code, as applicable. If there is a conflict between this Plan and the Code, this 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 clearly modified by this Plan. In the event of a conflict, the terms of this Plan shall control. -3- 5. PERMITTED USES The following principal uses are permitted on the Property, which is divided into two development parcels for the purpose of this description, as described on Exhibit "B": 5.1 Parcels 1A, 113 and 1C All uses permitted in the C-1 (General Commercial) zoning district are permitted. 5.2 Parcel All uses permitted in the MF (Multifamily) zoning district are permitted 6. SITE ACCESS 6.1. Existing and Planned Public Street Access As described on Exhibit "B", the site has frontage on US 79 on the south and A.W. Grimes Boulevard (FM 1460) on the west. Plateau Vista Boulevard, to the west across A.W. Grimes Boulevard (FM 1460), dead ends at the approximate midpoint of the site. The Owner has a Reciprocal Easement agreement with the owner of a tract of land at the southeast corner of Parcel 1C, recorded in Doc. No. 2006040140. This easement provides for the dedication of right-of-way to the City for a collector road referred to as Double Creek Loop Road. A dedication deed is being prepared. 6.2. Dedication of Public Access Easement 6.2.1. Prior to the recordation of a final plat for any part of the Property, the Owners shall dedicate a joint use and public access easement, aligned with Plateau Vista Boulevard. The easement shall be seventy (70) feet in width beginning at its intersection with A.W. Grimes Boulevard (FM 1460) and shall narrow to sixty-five (65) feet in width at a point approximately 252 feet east of A.W. Grimes Boulevard (FM 1460) and shall extend to the easternmost boundary of the Property, as indicated on Exhibit "C", attached hereto. The easement shall include corner clips for the purpose of accommodating curb radii and traffic control devices, as indicated on Exhibit "C". The easement document shall be subject to the review and approval of the City Transportation Director to insure compliance with this section. 6.3. Dedication of Collector Road - Parcel 2 6.3.1. Prior to, or concurrent with, the recordation of a final plat for Parcel 2, the Owner shall dedicate up to 35 feet of right-of-way to the City for the collector road on the eastern boundary of the site, from the northern boundary of the easement described in section 6.2 to the northernmost point at which the right-of-way exits -4- the Property, as indicated on Exhibit "C". 6.4. Construction of Private Drive - Parcel 2 6.4.1. Prior to the issuance of a Certificate of Occupancy for any building on Parcel 2, the Owner shall construct a private drive within a portion of the easement described in section 6.2. The drive shall extend from A.W. Grimes Boulevard (FM 1460) for approximately 660 feet, to a point approximately fifty (50) feet beyond the easternmost entrance to the multifamily development on Parcel 2, as indicated on Exhibit "C". The design of the private drive shall meet the City standard for a local collector street, without parking, and shall be designed and constructed in accordance with the City Design and Construction Standards according to the Transportation Criteria Manual. 6.4.2. The Owner shall construct sidewalks, a minimum of 4 feet in width, on both sides of the private drive, within the joint use and public access easement, prior to or concurrent with, the development of Parcel 2. 6.4.3. The private drive shall not be temporarily or permanently closed without prior approval of the City's Fire Marshall and Transportation Director, except in the event of an emergency 6.5. Dedication of Collector Road - Parcel 1C 6.5.1. Prior to, or concurrent with, the recordation of a final plat for Parcel 1C, the Owner shall dedicate right-of-way to the City for the collector road on the eastern boundary of the site, from the northern terminus of the adjacent reciprocal agreement and restrictive covenant tract, extending to the northern boundary of the easement described in section 6.2, as indicated on Exhibit "C". 6.6. Construction of Collector Road - Parcel 1C 6.6.1. Prior to the issuance of a Certificate of Occupancy for any building on Parcel 1C, the Owner shall construct a 30-foot roadway section within the right-of-way described in section 6.5. Acceptance of the road construction by the City shall be a condition of the issuance of a certificate of occupancy for any building on Parcel 1C. 6.6.2. The Owner shall provide the fee in lieu for the construction of the required sidewalk along the western side of the collector road, in an amount estimated to be equivalent to the cost of constructing the sidewalk, as determined by the Director of Transportation. -5- 6.7. Construction of Private Drive - Parcel 1C 6.7.1. Prior to the issuance of a Certificate of Occupancy for any building on Parcel 1C, the Owner shall construct a private drive within the easement described in section 6.2. The drive shall extend from a point approximately fifty (50) feet beyond the easternmost entrance to the multifamily development on Parcel 2, for approximately 457 feet, up to and connecting with, the 30-foot collector road section described in section 6.6, as indicated on Exhibit "C". The design of the private drive shall meet the City standard for a local collector street, without parking, and shall be designed and constructed in accordance with the City Design and Construction Standards according to the Transportation Criteria Manual. 6.7.1.1. The Owner shall construct sidewalks, a minimum of 4 feet in width, on both sides of the private drive, within the joint use and public access easement, prior to or concurrent with, the development of Parcel 1C. 6.7.1.2. The private drive shall not be temporarily or permanently closed without prior approval of the City's Fire Marshall and Transportation Director, except in the event of an emergency. 6.7.2. If any portion of Parcel 1C is developed prior to the development of Parcel 2, the Owner shall also construct the private drive described in section 6.4, and as indicated on Exhibit "C", prior to the issuance of a Certificate of Occupancy for any building on Parcel 1C. 7. DEVELOPMENT STANDARDS 7.1. Parcel 1C (General Commercial) The requirements of the C-1 zoning district shall apply, except as modified by: 7.1.1. A landscape buffer, forty (40) feet in width, extending from the southern boundary of the joint use and public access easement, as described in section 6.2, shall be required. The buffer shall be clear of obstructions, easements or other planting limitations. The following elements shall be applied within the landscape buffer: 7.1.1.1. One medium tree, as defined in the Code, per twenty-five (25) linear feet (75% of selected trees shall be of an evergreen species). 7.1.1.2. One small tree, as defined in the Code, per ten (10) linear feet (75% of selected trees shall be of an evergreen species). 7.1.1.3. One large shrub, as defined in the Code, per six (6) linear feet. -6- 7.1.1.4. One large tree, as defined in the Code, per forty (40) linear feet. 7.1.1.5. An earthen berm, minimum 3'0" and maximum 6'0" in height. 7.1.1.6. The design of the landscape buffer shall be coordinated with the design of the landscape buffer along the northern boundary of the joint use and public access easement on Parcel 2, so as to provide for consistent landscape applications for the two landscape buffers. 7.1.2. Pedestrian access and connections with the adjoining Parcel 2 shall be provided at a minimum of two (2) locations. The connections shall be coordinated as a part of the site development plan review process for Parcel 1C and Parcel 2. 7.1.3. The building setback from the southern boundary of the joint use and public access easement shall be a minimum of forty (40) feet. 7.2. Parcel 1B (General Commercial) The requirements of the C-1 zoning district shall apply, except as modified by: 7.2.1. The easement described in section 6.2 shall be considered a public street for the purpose of applying the development standards in the Code. 7.3. Parcel 2 (Multifamily) The requirements of the MF zoning district shall apply, except as modified by: 7.3.1. The easement described in section 6.2 shall be considered a public street for the purpose of applying the development standards in the Code. 7.3.2. No use shall be allowed in the required setback along the northern boundary of the joint use and public access easement, except that parking shall be allowed in the setback more than 10 feet from the boundary. Such parking shall require a landscaped buffer at least 10 feet deep designed in accordance with the landscape requirements found in Section 11.501 of the Code. 7.3.3. The design of the landscape buffer shall be coordinated with the design of the landscape buffer along the southern boundary of the joint use and public access easement on Parcel 1C, so as to provide for consistent landscape applications for the two landscape buffers. 7.3.4. Pedestrian access and connections with the adjoining Parcel 1C shall be provided at a minimum of two (2) locations. The connections shall be coordinated as a part of the site development plan review process for Parcel 2 and Parcel 1C. -7- 8. CONCEPT PLAN Approval of this Development Plan constitutes Concept Plan approval under the City Subdivision Ordinance. 9. GENERAL PLAN 2000 This Development Plan amends the Round Rock General Plan 2000, which was adopted on June 10, 1999. 10. DEVELOPMENT PROCESS As required by City code, the Owner shall be required to complete the remaining steps in the City's development process, including subdivision platting and site development plan approval. A Preliminary Plat must be approved according to the City of Round Rock Subdivision Code, prior to the Property being subdivided as a Final Plat. No site development plan approval on the Property shall be granted until the Final Plat is recorded. No building permit on the Property shall be issued until the site development plan is approved by the Development Review Committee. 11. 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. 12. CHANGES TO DEVELOPMENT PLAN 12.1. Minor Changes Minor changes to this Plan, as requested by the Owner, 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, 12.2. Major Changes All changes not permitted under section 12.1 above shall be resubmitted following the same procedure required by the original PUD application. -8- LIST OF EXHIBITS EXHIBIT DESCRIPTION Exhibit "A" Legal Description and Sketch of 37.975 acre tract Exhibit "B" Parcel 1A, 113, 1C and Parcel 2 boundaries and existing and proposed public streets Exhibit "C" Street Dedication & Construction -9- EXHIBIT A LEGEND • 1/2" IRON ROD FOUND (UNLESS NOTED) 10.068 ACRES 0 125 250 375 500 O 1/2" IRON ROD WITH CAP SET EM) LEASJNG PARTNERS, LTD. 1"=250' ■ TXDOT MONUMENT FOUND DOCUMENT N0. 9808511 P.O.B. POINT OF BEGINNING P.O.B. CRL3 CAP� N89 20 05 E 820.55 � ^t° NEB GROCERY CO. LP 0), DOCUMENT No. 0) 37394 � 37.975 ACRES (1,654,201 SQ. FT.) N •G F t MARK'!EF?f2y j iSEK �v 37.975 ACRES �o • :90F52670 ;O 1\lrC 1 !r� a0/79 LTD, ��^ w� o h DC)CU>\iENT 1\10. 200604/10139 Quo id z OT S. BLOCK A PALM VALLEY LINE TABLE M 7 7- MARKET MARKET CENTER C) No. Beorin Distonce S 4 SEC710N 2 LJCAB. AA, SLS. Lt NO3'15'28"W 62.26' N 315-317 L2 553'50'15"E 60.52' Dr P ��BOOLE�ARSA U L3 N89'35'41"E 10.28' � L4 508-02'02"E 211.27' 0 L5 S78'02'40"W 35.08' L6 S32'31'38'W 75.16' O L7 S79'54'34"W 171.25' L8 S0233'14'E 252.36' w LOT 7, BLOCK L9 579'5,04"W 70.67' QPALM VALLEY L10 NO2'33'14"W 303.20' > MARKET CENTER LJ1 NO2'28'53'W 40.01' SECTION 2 L12 N0233'14"W 146.12' oNO NO CAB. AA, SLS. O 0 315-317 UQ 3 NN , LOT 6, BLOCK A z 273.25' CAP PALM VALLEY MARKET >ac�, CAP CENTER SECTION 2 S79'25'44"W L� m a N CABINET AA, 212.57' �•,O O SLIDES 315-317 3. NB6.12 43"E =1 HJGHLAND 273.44' CAP MANAGEMENT, 1Nc. tv4 CAP 1 REMAINDER Or VOLUME 1 o 67, :_ �7 Z N O 54 ACRES, LTD. PAGE 679 !i S8612 43w (p O DOCUMENT NO. Q� 273.49, LOT 2 1J0 -? 2000032957 .— BLOCK A 00 W O PALM VALLEY OLJ� (0-0)z Bi M A 00 BEECTJ Ef i 'rnrn 579.54134,w � nAY 79 PALM VALLEY MARKET .J CAB DN AA, LOT 2 CENTER SECTION 1 SLIDES 315-317 � 371'10' .s. • ""� VAR1E5) BLOCK A SIIDESIN173-17s C4 �• (R•O•W' V�DTE'I W1S BUTLER SUBDJVJSION CURVE TABLE Y 79 No. Delta Radius Are Length Chord Length Chord Beorin Cl 00'58'35" 11415.16 194.55 194.55 S79'00'08"W v,�7• W WIDTH VARIES) C2 23'07'28" 1372.39 553.89 550.14 N09'04'49"E (R.0• C3 63^1351" 535.00 30.17 30:16 SOS 14'56"E C4 00712'03" 11415.16 39.99 39.99 $79'23'24`W SKETCH TO ACCOMPANY DESCRIPTION Bury+Partners OF 37.975 ACRES OF LAND OUT OF THE P.A. HOLDER ENGINEERING SOLUTIONS SURVEY, ABSTRACT NO. 297, SITUATED IN THE CITY OF TRAMMELL CROW 3345 Bee Caves Road,Shite 200 ROUND ROCK, WILLIAMSON COUNTY, TEXAS, BEING THAT Austin.Texas 78746 CERTAIN 37.975 ACRE TRACT OF LAND OF RECORD IN RESIDENTIAL 7e).(512)328-0011 Fax(512)328-D325 DOCUMENT NO. 2006040139 OF THE OFFICIAL PUBLIC Bury+Partners,Inc,®Copyright 2DD7 RECORDS OF WILLIAMSON COUNTY, TEXAS. DATE: 01/30/07 1 FILE: H:\854\02\85402EX2.dwg FN No.: 07-061(MJJ)I DRAWN BY: MJJ PROJ. No: 854-02.09 37 . 975 ACRES ._�. NO. 07-061 (MJJ) PALM VALLEY JANUARY 30, 2007 TRAMMELL CROW BPI JOB NO. 854-02 . 09 DESCRIPTION OF A 37 . 975 ACRE TRACT OF LAND OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, SITUATED IN WILLIAMSON COUNTY, TEXAS, BEING A THAT CERTAIN 37 . 975 ACRE TRACT OF LAND CONVEYED TO NEC 1460/79, LTD. BY DEED OF RECORD IN DOCUMENT NO. 2006040139 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 37 . 975 ACRES ALSO INCLUDING LOTS 7 AND 8 BLOCK A, PALM VALLEY MARKET CENTER SECTION 2, A SUBDIVISION OF RECORDS IN CABINET AA, SLIDES 315-317 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 37 . 975 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING, at a 1/2 inch iron rod with cap found in the easterly right-of-way line of F.M. 1460 (R.O.W. width varies) for the northeasterly corner of that certain 2 . 076 acre tract of land conveyed to the State of Texas by deed of record in Document No. 2003054423 of said Official Public Records, same being the northwesterly corner of said 37 . 975 acre tract and being in the southerly line of that certain 10 . 068 acre tract of land conveyed to EMI Leasing Partners, Ltd. by deed of record in Document No. 9808511 of the Official Records of Williamson County, Texas for the northwesterly corner hereof; THENCE, N89°20' 05"E, leaving the easterly right-of-way line of F.M. 1460, along a portion of the southerly line of said 10 . 068 acre tract, being a portion of the northerly line of said 37 .975 acre tract, for a portion of the northerly line hereof, a distance of 820 . 55 feet to a 1/2 inch iron rod found for an angle point in the northerly line of said 37 . 975 acre tract and hereof, being the southeasterly corner of said 10 . 068 acre tract; THENCE, NO3015' 28"W, along a portion of the easterly line of said 10 . 068 acre tract, for a portion of the northerly line of said 37 . 975 acre tract and hereof, a distance of 62 . 26 feet to a 1/2 inch iron rod found at the base of a fence post for an angle point in the northerly line of said 37 . 975 acre tract and hereof, being an angle point in the southerly line of Lot 9, Hidden Acres, a subdivision of record in Cabinet C, Slides 226-227 of said Plat Records; THENCE, leaving the easterly line of said 10 .068 acre tract, along a portion of the southerly line of said Lot 9, for a portion of the northerly line of said 37 . 975 acre tract and hereof, the following two (2) courses and distances: 1) S53050115"E, a distance of 60 .52 feet to a 1/2 inch iron rod with cap set for an angle point; 2) N89035' 41"E, a distance of 10 .28 feet to a 1/2 inch iron rod with cap found for the northeasterly corner hereof, being the northwesterly corner of that certain 6 .55 acre tract of land conveyed to Highland Management, Inc. by deed of record in Document No. 2001037863 of said Official Public Records and the northeasterly corner of said 37 .975 acre tract and hereof; FN 07-061 (MJJ) JANUARY 30, 2007 PAGE 2 of 4 THENCE, S01040117"E, leaving the southerly line of said Lot 9, along a portion of the westerly line of said 6 . 55 acre tract, being the easterly line of said 37 . 975 acre tract, for the easterly line hereof, a distance of 1352 . 01 feet to a 1/2 inch iron rod with cap set for the easternmost southeasterly corner hereof, from which a 1/2 inch iron rod with cap found for an angle point in the westerly line of said 6 . 55 acre tract bears S01040117"E, a distance of 13 .44 feet ; THENCE, leaving the westerly line of said 6. 55 acre tract, along a portion of the southerly line of said 37 .975 acre tract, for a portion of the southerly line hereof, the following four (4) courses and distances : 1) S79017' 50"W, a distance of 35 . 06 feet to a 1/2 inch iron rod with cap set for the point of curvature of a non-tangent curve to the left; 2) Along said curve to the left having a radius of 535. 00 feet, a central angle of 03013' 51" , an arc length of 30. 17 feet, and chord which bears S05014156"E, a distance of 30 . 16 feet to a 1/2 inch iron rod found for the end of said curve, from which a 1/2 inch iron rod found for reference bears S07122 ' 36"E, a chord distance of 9. 57 feet; 3) S79025'44"W, a distance of 212 .57 feet to a 1/2 inch iron rod found for an angle point; 4) S10007106"E, a distance of 251 .39 feet to a 1/2 inch iron rod found in the curving northerly right-of-way line of U. S. Highway 79 (R.O.W. width varies) same being the northerly line of that certain 2 .280 acre tract of land conveyed to the City of Round Rock by deed of record in Document No. 2004020465 of said Official Public Records, for the southernmost southeasterly corner hereof and point of curvature of a curve to the right, from which a 1/2 inch iron rod found along a curve to the left having a radius of 11415 . 16 feet, bears N78°54107"E, a chord distance of 154 .56 feet; THENCE, along the northerly right-of-way line of U.S . Highway 79, being a portion of the southerly line of said 37. 975 acre 'tract and hereof, the following two (2) courses and distances : 1) Along said non-tangent curve to the right having a radius of 11415 . 16 feet, a central angle of 00012' 03" , an arc length of 39 . 99 feet and a chord which bears S79023 '24"W, a distance of 39 . 99 feet to a 1/2 inch iron rod with cap found for the end of said curve; 2) S79154 ' 34"W, a distance of 371 . 10 feet to a 1/2 inch iron rod with cap set for an angle point in the southerly line hereof, being the southeasterly corner of Lot 2, Block A, of said Palm Valley Market Center Section 2; FN 07-061 (MJJ) JANUARY 30, 2007 PAGE 3 of 4 THENCE, leaving the northerly right-of-way line of U.S. Highway 79, along the easterly, northerly, and westerly lines of said Lot 2, being a portion of the southerly line of said 37 . 975 acre tract and hereof, the following three 3) courses and distances : 1) N10005' 26"W, a distance of 250. 18 feet to a 1/2 inch iron rod with cap found for northeasterly corner of said Lot 2 and an angle point hereof; 2) S79054' 34"W, a distance of 171 .25 feet to a 1/2 inch iron rod with cap set for the northwesterly corner of said Lot 2 and an angle point hereof; 3) S02033' 14"E, a distance of 252 .36 feet to a 1/2 inch iron rod with cap set in the northerly right-of-way line of U.S. Highway 79 for the southwesterly corner of said Lot 2 and an angle point hereof; THENCE, S79054 ' 34"W, along the northerly right-of-way line of U.S. Highway 79, being a portion of the southerly line of said 37. 975 acre tract and hereof, a distance of 70 . 61 feet to a 1/2 inch iron rod with cap set for the southeasterly corner of Lot 1, Block A, Palm Valley Market Center Section 1, a subdivision of record in Cabinet Z, Slides 173-175 of the said Plat Records, being the most southerly southwesterly corner of said 37 . 975 acre tract and hereof; THENCE, NO2033 ' 14"W, along the easterly line of said Lot 1, being a portion of the southerly line of said 37 . 975 acre tract and hereof, a distance of 303 .20 feet to a 1/2 inch iron rod with cap set for the northeasterly corner of said Lot 1 for an angle point hereof; THENCE, S86012' 43"W, along the northerly line of said Lot 1, being a portion of the southerly line of said 37 . 795 acre tract and hereof, a distance of 273 .49 feet to a 1/2 inch iron rod with cap set in the easterly right-of-way line of F.M. 1460, same being the easterly line of said 2 . 076 acre tract for the northwesterly corner of said Lot 1, for the most westerly southwest corner of said 37 . 975 acre tract and hereof; THENCE, NO2028' 53"W, along the easterly right-of-way line of F.M. 1460, being a portion of the westerly line of said 37. 975 acre tract and hereof, a distance of 40 . 01 feet to a 1/2 inch iron rod with cap found for the southwesterly corner of Lot 6, Block A of said Palm Valley Market Center Section 2, for an angle point hereof; THENCE, leaving the easterly right-of-way line of F.M. 1460, along the southerly, easterly, and northerly lines of said Lot 6, being a portion of the westerly line of said 37 . 975 acre tract and hereof, the following three (3) courses and distances: 1) N86012' 43"E, a distance of 273 .44 feet to a 1/2 inch iron rod with cap found for the southeasterly corner of said Lot 6 and an angle point hereof; FN 07-061 (MJJ) JANUARY 30, 2007 PAGE 4 of 4 2) NO2133 ' 14"W, a distance of 146 . 12 feet to a 1/2 inch iron rod with cap found for the northeasterly corner of said Lot 6 and an angle point hereof; 3) S87027' 12"W, a distance of 273 .25 feet to a 1/2 inch iron rod with cap found in the easterly right-of-way line of F.M. 1460, for the northwesterly corner of said Lot 6 and an angle point hereof; THENCE, along the easterly right-of-way line of F.M. 1460, being the easterly line of said 2 .076 acre tract, same being in part the westerly lines of said Lot 7 and Lot 8 and a portion of the westerly line of said 37 . 795 acre tract and hereof, the following three (3) courses and distances: 1) NO2030' 02"W, passing at a distance of 49. 97 feet a 1/2 inch iron rod found for the southwesterly corner of said Lot 7 and continuing for a total distance of 272 . 02 feet to a TXDOT monument found for the point of curvature of a curve to the right ; 2) Along said curve to the right having a radius of 1372 . 39 feet, a central angle of 23007' 28" , passing at an arc distance of 239. 94 feet a 1/2 inch iron rod found for the southwesterly corner of said Lot 8 and continuing for a total arc length of 553 . 89 feet and a chord which bears N09004 ' 49"E, a distance of 550 . 14 feet to a TXDOT disc found for the end of said curve; 3) N20039' 23"E, a distance of 499. 36 feet to the POINT OF BEGINNING, containing an area of 37 . 975 acres (1, 654 , 201 sq. ft . ) of land, more or less, within these metes and bounds . THE BEARING BASIS IS TEXAS CENTRAL ZONE NAD 83/HARN 93 _ MONUMENTS USED ARE CITY OF ROUND ROCK MONUMENTS AS FOUND MARKED AS FOLLOWS : 01-15B, 01-027, 01-15A and 01-015 . I, MARK J. JEZISEK, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY STATE THAT THIS DESCRIPTION IS BASED UPON A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION. A SURVEY EXHIBIT WAS PREPARED TO ACCOMPANY THIS FIELDNOTE DESCRIPTION. BURY+PARTNERS, INC. ` p ENGINEERS-SURVEYORS MARK J. P S 7 3345 BEE CAVE ROAD NO. 5267 .OF.TF SUITE 200 STATE OF TEXAS `�� G\�7�9F -7 AUSTIN, TEXAS 78746 »a.. MARK JERRY JEZISEK ................... ......9 5267 �e e 0FESS�� O r~ PARCEL 2 a" MULTI-FAMILY 18.58 AC L CID m PI_F'•TEAi;VISTA BLVD' w PARCELIC PARCEL 1B COMMERCIAL W 19.40 AC Q > 2 � U �2 ab w <a n �Z O� pU¢ PARCEL U W 1A V L5 HIGNwAI, f� 8g � dg SHEET 0 I / / I / / I / / I / / I / PARCEL 2 / MULTI-FAMILY / J` 18.58 AC ! i I S'TO BE ! I DEDICATED AS ROW I I PARCEL 2 Y PROPOSED DEDICATION OF ROW U 'OLLECTIOOR ROAD y/ / 'ROW .nACj I PARCEL 2 I I DRIVE CONSTRUCTION I m I 2 PLAT EAU VISTA BLVD JOINT ACCESS EASEMENTLu --------------� .._ .. ' ii I I / E PARCEL 1CTO`DRNERCUPS t i / BE DEDICATED / DRIVE CONSTRUCTION I / I I / A PARCEL I I 1B �'*DEE '' I PARCEL 1C rn / / I DED GATED AS ROW 30' COLLECTOR ROAD CONSTRUCTION W / / I PARCELIC I I >x U / / I / / I COMMERCIAL 3 j I 4 LL 19,40 AC a d W PARCEL i iI I �l ull r------+ I I I , � ' -t ' c oall€ SHEET I I I I C , W E / HIDDEN-ACRES_DR-L- I 711-7m_I UTZ �- m� Tract Subject Tt i Li r 37..975 ac. I � I 1 LEY gLV E PALS l �I - j f a : ' cc - - _' I u P- r Ico LL : I_---- I , I : I II N -I-- - - ui_ -I_--.–` -- Lu a m N is , N I , � III I, I 1 : : I p ' a —� – T�– IF I —�-i ;_ J I_ i RECORDERS MEMORANDUM All or part of the text on this page was not clearly legible for satisfactory recordation. Ordinance No. Z-07-06-28-10C2 Rezoning 37.975 acres known as PUD No. 74. AFTER RECORDING, PLEASE RETURN TO: CITY OF ROUND ROCK CITY SECRETARY 221 E. MAIN STREET ROUND ROCK, TX 78664 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2007086543 10/10/2007 01:43 PM SURRATT $128.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS