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Zoning Ordinances / Restrictive Covenants(HEARINGS CLOSED)RECOMMENDATION FOR COUNCIL ACTION

ITEM No.

Subject: C814-04-0187 SH - Goodnight Ranch PUD - Approve third reading of an ordinance amending Chapter 25-2 of the Austin City Code by rezonmg property locally known as the East side of Old Lockhart Highway betweenNuckols Crossing Road and Capitol View Drive (Onion Creek Watershed) from interim-rural residence (I-RR) districtzoning to planned unit development (PUD) district zoning with conditions FJrst reading approved on April 20, 2006.Vote: 6-0 (Mayor Pro Tern Thomas off the dais). Second reading approved on June 22, 2006. Vote: 5-0 (CouncilMembers McCracken and Kim off the dais). Applicants: MVE Venture, Ltd. (Claude Dean Goodnight), AustinGoodnight Ranch, L.P. (Terry Mitchell); Benchmark Land & Exploration, Inc (David C. Mahn); Austin IndependentSchool District (Mark Williams, President, Board of Trustees). Agent: TBG Partners (Sean Compton). City Staff.Wendy Walsh, 974-7719.

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D Staff_RepprtD Ordinance

For More Information:

http://meetings.coacd.org/item attachments.clm?meetingid=63&itemid=2113&item=54 11/8/2006

THIRD READING SUMMARY SHEETi

ZONING CASE NUMBER: C814-G4-Q187.SH

REQUEST-

Approve third reading of an ordinance amending Chapter 25-2 of the Austin City Code byzoning property locally known as the east side of Old Lockhart Highway between NuckolsCrossing Road and Capitol View Drive (Onion Creek Watershed) from interim - rural residence(I-RR) district zoning to planned unit development (PUD) district zoning with conditions. TheRestrictive Covenant addresses the Traffic Impact Analysis, 1PM Plan, the installation of streettrees, and a public - pnvate partnership between the developer and Travis County for theconstruction of Slaughter Lane through the Property.

DEPARTMENT COMMENTS:

The Applicant has requested a revision to the draft Zoning Ordinance that would reduce theminimum number of units permitted m a mansion home from four to two In addition, theApplicant has requested a revision to the draft Restrictive Covenant that would allow for trees inretail areas to be grouped in intervals that are less than 30 feet on center (Please refer to letterfollowing this Summary Sheet). Staff docs not object to the Applicant's requests

The Conditional Overlay and Restrictive Covenant incorporate the conditions imposed by theCity Council at Second Reading.

OWNERS/APPLICANTS- MVE Venture, Ltd. (Claude Dean Goodnight), Austin GoodnightRanch, L.P. (Terry Mitchell), Benchmark Land & Exploration, Inc. (David C. Mahn); AustinIndependent School District (Mark Williams, President, Board of Trustees)

AGENT- TBG Partners (Sean Compton).

DATE OF FIRST READING: Apnl 20, 2006, approved PUD district zoning with conditions, onFirst Reading (6-0, Mayor Pro Tern temporarily off the dais)

DATE OF SECOND READING June 22, 2006, approved PUD district zoning with RestrictiveCovenant as on 1st Reading, and adding liquor sales and automotive repair services as permitteduses to the Neighborhood Mixed Use area and outl ining the installation of street trees asrequested by the Applicant, on 2nd Reading (5-0, McCiacken, Kim off the dais).

CITY COUNCIL HEARING DATE: November 16, 2006

CITY COUNCIL ACTION-

ORDINANCE NUMBER

ASSIGNED STAFF Wendy Walsh e-mail wcndy walsh@ci austm tx us

ORDINANCE NO.

AN ORDINANCE ESTABLISHING INITIAL PERMANENT ZONING FOR THEPROPERTY COMMONLY KNOWN AS THE GOODNIGHT RA&CH PUDLOCATED AT THE EAST SIDE OF OLD LOCKHART/HIGHWAY BETWEENNUCKOLS CROSSING ROAD AND CAPITOL VJIEW, DRIVE ANlKCHANGINGTHE ZONING MAP FROM INTERIM RURAL RESIDENCE (I-RRy DISTRICTTO PLANNED UNIT DEVELOPMENT (PUD) DISTRICT \

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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN:\

PART 1. The zoning map established by Section£5-2-19-l of the!City;Code is amended tochange the base zoning district from interim rural ,residencex(I-RR)^district to planned unitdevelopment (PUD) district on the property described in FilexC8J/4-04-0187.SH on recordat the Neighborhood Planning and Zoning Department, as approximately 703.254 acres ofland, more or less, out of the Santiago del Valle Grant, being'.more particularly describedby metes and bounds in Exhibit A (Description of Property) incorporated into thisordinance (the "Property"), locally known as the property located at the east side of OldLockhart Highway between Nuckols Crossing'Road and Capitol View Drive, in the City ofAustin, Travis County, Texas, and generally identified in the map attached as Exhibit B(Zoning Map),

PART 2. This ordinance, together with the attached Exhibits A through I, are the land useplan for the Goodnight Ranch planned unit development district (the "PUD") created bythis ordinance. The PUD shall conform to the limitations and conditions set forth in thisordinance and in the Goodnight Ranch planned unit development land use plan. If thisordinance and the attached exhibits conflict, the ordinance applies. Except as otherwisespecifically provided by this ordinance, all other rules, regulations and ordinances of theCity in effect on the effective date of this ordinance apply to the PUD.

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PART 3. The attached exhibits are incorporated into this ordinance in their entirety asthough set forth fully in the text of this ordinance. The exhibits are as follows:

Exhibit A: Description of PropertyExhibit B: Zoning MapExhibit C: Land Use PlanExhibit D: Environmental Background InformationExhibit E: Zoning Use Summary TableExhibit F: Site Development RegulationsExhibit G; Density Table

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Exhibit H: Street Cross Section Table and Illustrations/ V f! /

Exhibit I: Parking Regulations and Ratios A / '"' *'

PART 4. Definitions. ,: ''"/ / '\ \ \

> I ' -' \ «~ x-A. In this ordinance: • ' // V. , . : / ~ '~^ /

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1. LAND USE AREA means the following use categories into-which thePUD is divided on Exhibit C (Land 'Use Plan): Neighborhood MixedUse, Mixed Residential, and Open Space.X : v-

t / x „2. NEIGHBORHOOD MIXED USE^ AREA means the land use areas'.' \ v

identified on Exhibit C. The Neighborhood Mixed Use Area serves as/ ° V \

the center of the community ..containing aVariety;qf residential land usesas well as compatible retail/commercial, • civic'/and public services tomeet the needs of community resjdents. Office; multi-family residencesand mixed use buildings'are permitted. ^ The,-Neighborhood Mixed Area

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is pedestrian-oriented,' and it' /is designed to encourage pedestrianmovement between- this Area-'and the/Mixed Residential Area TheNeighborhood Mixed/Area is oriented to the public framework of streetsand open spaces. ; ,

3. /MIXED RESIDENTIAL AREA means the land use areas identified on\ \

£xhibif C. The Mixed Residential land use areas allow a wide diversityof residential building types, including single family, multi-family aswell as sites for commercial, civic, and mixed use buildings.

4. OPEN SPACE means-the land use areas identified on Exhibit C. TheOpen Space land use areas are intended to provide a continuous systemof open space through the Goodnight Ranch PUD and include safetyservices and educational facilities, civic uses and commercial uses.

5. ROW HOUSE means an attached two or three-story townhouse on itsown lot.

6. LIVE/WORK SHOPHOUSE means a row house with ground levelworkspace or commercial space and upper level l iv ing space. The workspace or commercial space and living space must be used and occupiedby the same owner or occupant.

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/7. MANSION HOME means a structure on one lot desmnedto appear like a/ \/ /large single family residence, but that is divided'into four to six units,

each with an individual entry. /. » N \

8. MULTIFAMILY HOME means condominiums p^apartments.\ /-/

, A * / \ -'" * •'9. MULTI-USE BUILDING means a building ,used for both;comniercial

and residential uses. x *" ' x -'V

10. YARD HOUSE means a detached'-jsingle-fahjily residence. Oneaccessory dwelling unit containing not'hiore than 700 square feet of grossbuilding area may be constructed qyeivthe garage..

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B. All other terms have the meaning provided in thfe-XDode. ^ '

PARTS. Use Regulations.i' i / - i ',

A. The locations of the land use areas within the'PUD are shown on Exhibit C(Land Use Plan). / /

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B. Permitted, conditionakand/prohibited'uses applicable to each land use area areshown in Exhibit E (Zoning Use Summary Table)

PART 6. In accordance with Section,25-2-411 (A) (Planned Unit Development DistrictRegulations) of the City Code, the following site development regulations apply to thePUD instead of otherwise applicable City regulations.

A. Zoning.

1. Section 25-2-243 (Proposed District Boundaries Must be Contiguous) doesnot apply to the PUD.

2. Subsection (l)(4)(a) of Section 25-2-411 (Planned Unit DevelopmentDistrict Regulations) is modified to provide that the front and side yardrequirements'for nonresidential uses in the PUD are as established in ExhibitF (Site Development Regulations).

3. Subsection (I)(5) of Section 25-2-411 (Planned Unit Development DistrictRegulations) is modified to delete the requirement that the number of curbcuts and driveways be shown on the land use plan.

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4. Subsections (K)(l) and (2) of Section 25-2-4M (Planned^Unit Developments \

District Regulations) are modified to ^provide' -that the open spacerequirement for the PUD is as established in'Exhibit* F (Site^DevelopmentRegulations). f ( / / \ , " ,

5. This section applies to compatibility standards within the PUD.:~ r - ' • , - ' '

Within the boundaries of the Goodnight Ranch PUD, compatibilitystandards as outlined in Chapter 25-2, Subchapter (^Article 10 of the Codeapply, except as modified below: \f \

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a) Compatibility standards shall not apply on a residential use to residentialuse basis, as set forth in Section 25^2-1051*(C) (Applicability).

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b) The following are established as/compatibility' standards applicable tocommercial and other permitted uses: '

.i) Section 25-2-1065 (A) (Scale and,' Clustering Requirements) shall

apply. ; ' / '; t 'V>, ^

ii) A 25-foot wide vegetative buffer area, measured from a propertyline of a residential use to a building, shall be provided and

' maintained between residential uses to the following commercial\ and civic uses: automotive rentals, business or trade school,

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•business support services, cocktail lounge, commercial off-streetN . . '

.-parking, consumer, 'repair services, convenience storage, custom. manufacturing, drive-through services, food preparation, hotel-

motel;, indoor entertainment, indoor sports and recreation, intensiverecreational uses as defined in 25-2-1067 (F) (Design Regulations)of the Code,' off-site accessory parking, outdoor entertainment, plantnursery,, printing and publishing, service station, softwaredevelopment, theater, and veterinary services.

iii) Improvements permitted within a vegetative buffer zone area are:liike and bike trails, pedestrian trails, sidewalks, solid fences,detention facilities, water quality facilities and drainage facilitiesconsisting primarily of earthen structures, utility improvements,overhead electric or communication lines, or those improvementsthat may be otherwise required by the City of Austin.

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iv) A 25-foot wide vegetative buffer area\as describe^ in Part 6 (A) (5)(b) (ii) does not apply to a Multi-Use Building or a Live/WorkShophouse. / . / ' \

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v) The front yard setback requirements under'Section 25-2-1064' (FrontSetback) do not apply. . ; -•/' V^;-;-y''''

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\ \vi) Within 50 feet of an undeveloped platted residential lot (measured to

the nearest setback line on the property), a commercial building maynot exceed three stories or 40 feet inMieight.N Within 50 feet of a

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developed residential building^a commercial Kbuilding may notexceed two stories or 3Q/feet above the, heignt of the existingresidential use. Beyond ;50 feet 'from a'^developed residentialbuilding, a commercial'building^may bexcoristructed to the permitted. / ' ' ~~" 'height as set forth in this PUD'. / \

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vii) All exterior lighting mustctfe hoodeH or shielded so that the light' D / P /-i / / ( °

source is not directly yisible from adjacent properties. Exteriorlighting may not'exceed 0:25 footc'andles across the source propertyline. i

>viii) The noise level of mechanical equipment may not exceed 60decibels at the property line.

ix) Oumpsters and permanently placed refuse receptacles must be, located at least 25 feet from adjacent residential uses. The locationof and access to1 dumpsters or any other refuse receptacles mustcomply with the Transportation Criteria Manual.

x) Commercial and civic uses must be screened in accordance with thissubsection. Yards, fences, vegetative screening, or berms shall beprovided to screen off-street parking areas containing 12 or moreparking spaces on a single site, mechanical equipment, storage areas,and areas for refuse collection. A fence used for screening may notexceed a height of six feet unless otherwise permitted in the LandDevelopment Code. The property owner must maintain fences,berms, and vegetative screening.

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xi) A 100-foot wide buffer area, measured from/the property line forproperty developed with residentialyiises to'a building developedwith industrial, commercial or civic, uses, shall be, provided andmaintained between all residential areas and^pr,opertyxdeveloped/as

/ /* j "^ ^ $research assembly services, research services^ research testing

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services and postal facilities exceeding 10,0,00 square feet. *-'" 7\ _, ,/ V

xii) Improvements within the 100-foW buffer area are: hike'land biketrails, pedestrian trails, solid fences, detention facilities and waterquality facilities consisting primarily\pf earthen structures, drainagefacilities, underground utility improvements, 'overhead electric orcommunication lines, streets,-alleys, driveways, surface parkingfacilities limited to 12 spaces or fewer of\those requirements thatmay be otherwise required by the 'City of;<Austin or specificallyauthorized in this ordinance.

' i ^c) Notwithstanding Subsection 5, developrhent.outside of the PUD triggers

the compatibility standards of/Chapter 2f5-2, Article 10 (CompatibilityStandards) to development within the PUD.

/ '? ' "{B. Site Development. - >- --' ,

Site development regulations applicable^to each land use area are established inExhibits E (Site Development Regulations) and F (Density Table).

C. Landscaping:

1. Subsection (B) of Section 25-2-1003 (General Requirements) is modified toprovide that a>.street yard 1,000 square feet or less in size is not required tobe landscaped.

2: Subsection (C) of Section 25-2-1006 (Visual Screening) does not apply todevelopment within the PUD.

3. Section 25-2-1007 (Parking Lots) is modified to provide that a parking areawith 12 motor vehicle parking spaces or less is not required to havelandscaped islands, peninsulas, or medians.

D. Subdivision.

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1. Subsection (H) (K) and (L) of Section 25-3-52 ? (Subdivision LayoutRequirements) applies to development within the PUD. ; y /'

/ * v \ ~'/ '~' ,1* \2. Subsection (N) of Section 25-3-52 (Subdivision Layout Requirements)' \$

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modified to provide the following:

a) The maximum block length is 800 feetThe/Director of'the WatershedI "~/ v ^Protection and Development Review ^Department may approve a length

up to 1,000 feet in length based on topography or existing street layout.

//\ \b) A block length that exceeds 800 feet/must^be traversed by a pedestrian

path near the midpoint. , — x \ \/ . \ \ - '/'/" -r •- "•. \ -

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c) The maximum block width isx300_,feet.^The Director of the Watershed./ f~ - \ * N ,-S-v

• Protection and Developmenf/Review Depahment may approve a blockwidth up to 400 feet based'on topography- or existing street layout.1 ' , ' ^ < ~ " /

I '' *" ' . • 'd) There is no limit to the blockjerigth for.;open space that is parallel to a

right-of-way internal' to -the PUD. / -> ^ f~ ' * "i • / -i . . - /

3. Except as modified in .this Subsection, .Subsection (C) of Section 25-3-82(Vehicular Access) applies to the PUD,. -

a) -Direct vehicular access from a single family residential lot to an alley ispermitted' and preferred. Lots containing multi-family residential,condominium, mixed-use, commercial and civic uses do not requiredirect vehicular^ access from a lot to an alley.

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b) Except for'the uses noted in Part 6 (D)(3)(a), direct vehicular access froma lot to a street is not permitted except as follows:

i) if a lot does not abut and take access to an alley or

ii) the Director of the Watershed Protection and Development ReviewDepartment determines it is warranted by exceptional circumstances.

c) Notwithstanding the above, vehicular access from a single familyresidential lot to a street is permitted provided that:

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i) a lot does not abut and take access to an alley oraccess is taken to astreet with a standard cross-section as*set forth in the TransportationCriteria Manual, and / \ *\ ,

/ \ " ^ >' , . /V/ / ~ J /' / / /\ '*. - / /

ii) driveway separation requirements/are met , / / \ „. • \ /r/

! { // \ - •-''/- \ " / ^ /4. Subsection (A)(l) of Section 1.3.2 (Classification Design Crjteriayof the

Transportation Criteria Manual, may be utilized when it can be demonstratedthat significant off-street parking will not, occursqr that off-street parkingratios are comparable to that achieved under'the density provisions of singlefamily residence standard lot (SF-2) district zoning.

X -. i \ .'E. Transportation. / ' ~ ^ ' - ^ \ /

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1. Subsection (A) of Section 25-6-2 (JDrJveway, Approaches Described) ismodified to provide that a type 1 driveway approach is a concrete drivewayapproach that provides access' from/a

/roadway to property on which a YardHouse, Row House or Mansion Home witlva driveway that serves four orfewer parking spaces is/located. , /

/ ' •' , ' /i ' i2. Subsection (B) of,Section 2S-6-2-(f)r,iveway Approaches Described) is

modified to provide that a type 2 driveway approach is a concrete drivewayapproach that provides access from a roadway other than a principalroadway to-,property used\for a purpose other than a yard house, row house,mansion home with a driveway that serves four or fewer parking spaces islocated.-- , \•>. i

3. Section-25-6-173 (Collector Streets) does not apply to development withinthe PUD anch is replaced by Exhibit H (Street Cross Section Table and'Illustrations). '<

4. Subsection (A) of 25-6-292 (Design and Construction Standards) applies tothe PUD.

5. Section 25-6:321 (Existing Driveway) applies to the PUD.

6. Section 25-6, Article 7 (Off-Street Parking) and Section 25-6, Appendix A(Tables of Off-Street Parking and Loading Requirements) do not apply inthe PUD. Development in the PUD shall comply with Exhibit I (ParkingRegulations and Ratios).

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7. Subsections (A) (B) and (C) of Section 25-3-81 (Roadway Design) andSubsection (I) of Section 25-3-52 (Subdivision Layout Requirements) ismodified to provide that streets, alleys^arid pedestrian-.paths shall/bedesigned and constructed in accordance with the Traditional NeighborhoodDistrict Manual, except as modified in Exhibit H (Street Cross-Section Table

< '\ . / \ • <-f

and Illustrations). \ - \v /,'/' \' „•

8. Section 25-3-84 (Parking Area Design ^and Construction Standards) ismodified to provide that design and construction guidelines for parking andloading facilities, circulation area, and^queuing, areas^do not apply to thePUD. ^ -, \ \

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9. Street connections to Capitol View^Drive and Cheryl' Lynn Drive are notrequired. //

F. Sign Regulations.\\

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1. The Neighborhood Mixed Use Area is subject to the commercial sign district. / '' / ' ' /

regulations contained in Chapter 25-10. / /i ~ ',•*

2. The-Mixed Residential Area5'is subject to the neighborhood sign districtregulations contained in\Chapter_25-"l 0.

PART 7. This part is applicable to the-.location and site development of a Fire/EMSstation site. \ ' ', -

A. A Fire/EMS station site shall-'be reserved for a period of twenty years from theeffective date of'the zoning ordinance of the Goodnight Ranch PUD, and feesimple dedication of the site to the City of Austin prior to or concurrent with theissuance of a building permit for the Fire/EMS station upon a written requestfrom the City of Austin. The City may release the reservation of the site priorto the twenty year period if the City has constructed or is in the process ofconstructing a Fire/EMS station site within 1.5 roadway miles of the reservedsite.

B. The Fire/EMS station site shall have 45,000 square feet of impervious cover indevelopment rights after any required boundary street impervious coverdeduction. The development rights may be based on the net site areacalculation of the tract or assigned from some other tract on the PUD.

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C. The specific location of the Fire/EMS station site shall/be determined prior toapproval of the first Preliminary Plan or final plat'application that includes anyPUD tracts on the south side of Slaughter Lane. /" / , ; ^ $/

s>: f ' 'i' j i > - /D. The initial location of the Fire/EMS station site^rhay be approved,-by the

Director of the Neighborhood Planning and 'Zoning/DepartmentMn accordancewith the provisions of Section 25-2-403 of the Landtoevelopment Code.

X. ' \) "-Ê. The specific location of the Fire/EMS station/site ,may\be changed by mutual

agreement between the developer and the Gity as\long;asNthe new station sitemeets all of the same site development and-locatiomcriteria.1 The relocation of

/ ' *•the Fire/EMS station site may be approved by the Director of the NeighborhoodPlanning and Zoning Department in'accordance^with tKeyprovisions of Section25-2-403 of the Land Development^Code,; /s. \ sf

i ' /'/ \ ' > -''F. The Fire/EMS station site shall be Jocated'j on.â' roadway classified as a

Neighborhood Center Boulevard, Neighborhood Main Street or Neighborhood0 f- . / ° /,( °Avenue, as described in Exhibit H, and in a manner that permits alignment witha full-function median -brâk approved by/ the Watershed Protection andDevelopment Review Department1, or its-successor.

/ \ ,; i,G. Any roadway segment intersecting.the southern right-of-way boundary line of

Slaughter, Lane shall be classified as a Neighborhood Center Boulevard,Neighborhood Main Street or Neighborhood Avenue for a minimum of 1500feet soutrrbf the intersection with the Slaughter Lane right-of-way boundaryline. ^"' \

H. The fiscal posting for the final plat that abuts the Fire/EMS station site shallinclude fiscal posting for a traffic signal pre-emption device at the intersectionof that roadway and Slaughter Lane.

T. Street parking is prohibited on the roadway segment abutting the Fire/EMSstation site. An advance traffic control device system that may include signage,markings, and flashing lights, or other devices as approved by the City ofAustin shall be required.

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• V /PART 8. This Part 8 is applicable to the development of public elementary ,ahd secondaryschools within the PUD. Notwithstanding anything herein to the contrary, the AustinIndependent School District's development of schools within? the "l UD shall be governedby the School District Land Development Standards Agreement by and between the City'ofAustin and the Austin Independent School District, as amended from4ime to time.

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PART 9. This ordinance takes effect on

PASSED AND APPROVED

-/2006.

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,2006

APPROVED: ; ,. ATTEST:David Allan Smith/ / /

City Attorney;

WiLtWynnMayor

Shirley A. GentryCity Clerk

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Office: 512-443-1724Fax:512-441-6987

Professional Land Surveying, Inc.Surveying and Mapping

Austin, Texas 78704

703.254 ACRESGOODNIGHT RANCH

A DESCRIPTION OF 703.254 ACRES IN THE SANTIAGO DEL VALLE GRANT,TRAVIS COUNTY, TEXAS, BEING ALL OF A175.00 ACRE TRACT DESCRIBED INA SPECIAL WARRANTY DEED TO BENCHMARK LAND DEVELOPMENT, INC.DATED MAY 02, 2005 AND RECORDED IN DOCUMENT NO. 2005078857 OF THEOFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, BEING ALL OF A0.805 ACRE TRACT (TRACT 1) AND ALL OF THE REMAINDER OF A 679.66ACRE TRACT (TRACT 2) BOTH DESCRIBED IN A SPECIAL WARRANTY DEEDTO M.V.E. VENTURE DATED DECEMBER 23,1992 AND RECORDED IN VOLUME11841, PAGE 1943 OF THE REAL PROPERTY RECORDS OF TRAVIS COUNTY,TEXAS, AND BEING ALL OF A 22.818 ACRE TRACT (TRACT 3) DESCRIBED IN ASPECIAL WARRANTY DEED TO M.V.E. VENTURE DATED DECEMBER 28,1989AND RECORDED IN VOLUME 11093, PAQE 219 OF THE REAL PROPERTYRECORDS OF TRAVIS COUNTY, TEXAS; SAID 703.254 ACRES BEING MOREPARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:

BEGINNING at a 1/2" rebar found at an angle point in the west line of the said 175.00acre tract, being the northeast corner of a 1.477 acre tract described in a deed ofrecord under Document No. 2003115738 of the Official Public Records of TravisCounty, Texas, and being also an angle point in the south right-of-way line of NuckolsCrossing Road (70' right-of-way width);

THENCE along the south right-of-way line of Nuckols Crossing Road and the northline of the 175.00 acre tract, the following seven (7) courses:

1. North 27°13'23" East, a distance of 107.04 feet to a 1/2" rebar found;

2. North 36°26'26" East, a distance of 98.94 feet to a 3/4" iron pipe found, fromwhich a 1/2" rebarfound, bears North 28°08'53" East, a distance of 15.87 feet;

3. North 27°09'55" East, a distance of 1122.38 feet to a 3/4" iron pipe found,from which a 1/2" rebar found, bears South 27°26'43" West, a distance of 6.29feet;

4. Along a curve to the right, having a radius of 136.02 feet, an arc length of214.24 feet, and a chord which bears North 72°14'38" East, a distance of192.77 feet to a 3/4" iron pipe found, from which a 1/2" rebar found, bearsSouth 63°10P57" East, a distance of 13.46 feet;

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5. South 62°37'40" East, a distance of 734.70 feet to a nail found in a fence post;

6. Along a curve to the left, having a radius of 990.40 feet, an arc length of286.98 feet, and a chord which bears South 70°56'14" East, a distance of285.97 feet to a 1/2" rebar found;

7. South 79°14'59" East, a distance of 524.60 feet to a 1/2" rebar with cap set forthe northeast corner of the 175.00 acre tract, being in the north line of the679.66 acre tract;

THENCE with the south right-of-way line of Nuckols Crossing Road and the north lineof the 679.66 acre tract the following two (2) courses:

1. South 79°14'59" East, a distance of 645.80 feet to a 3/4" iron pipe found, fromwhich a 1/2" rebarfound, bears South 84°49'23" East, a distance of 5.32 feet;

2. South 85°18'25" East, a distance of 178.50 feet to a 1/2" rebar found for thesouthwest corner of Lot 1, Gentry Estates, a subdivision of record in Volume75, Page 88 of the Plat Records of Travis County, Texas;

THENCE South 61 °01 '04" East with the north line of the 679.66 acre tract and thesouth line of Lot 1, Gentry Estates, a distance of 1123.29 feet to a 3/4" iron pipefound for the southeast corner of Lot 1, Gentry Estates, being the southwest corner ofa 14.760 acre tract of land described in Volume 8412, Page 663 of the Deed Recordsof Travis County, Texas;

THENCE South 61°02'12" East with the north line of the 679.66 acre tract and thesouth line of the 14.760 acre tract, a distance of 549.85 feet to a 1/2" rebarfound fora northeast corner of the 679.66 acre tract, being the southeast corner of the 14.760acre tract, being also in the west line of a 236.54 acre tract of land described inDocument No. 2003099256 of the Official Public Records of Travis County, Texas;

THENCE with the common line of the 679.66 acre tract and the 236.54 acre tract thefollowing three (3) courses:

1. South 26°18'36" West, a distance of 3355.94 feet to a 1/2" iron pipe found;

2. South 27°07'04" West, a distance of 357.86 feet to a 1/2" rebar found for thesouthwest corner of the 236.54 acre tract;

of 7

3. South 62°41'05" East, a distance of 379.46 feet to a 1/2" rebar found for thesouthwest corner of the 22.818 acre tract;

THENCE North 26°18'03" East with the west line of the 22.818 acre tract and theeast line of the 236.54 acre tract, a distance of 766.53 feet to a 1/2" rebar found forthe northwest corner of the 22.818 acre tract, being the southwest corner of a 22.8acre tract of land described in Volume 4866, Page 1536 of the Deed Records ofTravis County, Texas, from which a 1/2" rebarwith cap found, bears South 89°18'46"East, a distance of 5.56 feet;

THENCE South 63°41 '20" East with the north line of the 22.818 acre tract and thesouth line of the 22.8 acre tract, a distance of 1246.34 feet to a 1/2" rebar found forthe northeast corner of the 22.818 acre tract, being the southeast corner of the 22.8acre tract, being also in the west right-of-way line of an apparent road;

THENCE with the east line of the 22.818 acre tract and the west line of the apparentroad the following two (2) courses:

1. South 13°41'32" West, a distance of 157.59 feet to a 1/2" rebar found;

2. South 27°10'07" West, a distance of 638.82 feet to a 1/2" rebar with cap setfor the southeast corner of the 22.818 acre tract, being in the north right-of-way line of Capitol View Drive (60* right-of-way width), being also the northeastcorner of Lot 15-B, Resubdivision of Lots 14 & 15, Capitol View Estates, asubdivision of record in Volume 47, Page 100 of the Plat Records of TravisCounty, Texas;

THENCE North 62°33'37" West with the south line of the 22.818 acre tract and thenorth line of Lot 15-B, a distance of 561.95 feet to a 1/2" rebar found for thenorthwest corner of Lot 15-B, being an angle point in the east line of the 679.66 acretract;

THENCE South 27°16'23" West with the east line of the 679.66 acre tract, the westline of the said Resubdivision of Lots 14 & 15, Capitol View Estates, the west line ofCapitol View Estates, a subdivision of record in Volume 45, Page 13 of the PlatRecords of Travis County, Texas, the west line of the Resubdivision of Lots 10,11,21, 22 & 23, Capitol View Estates, a subdivision of record in Volume 48, Page 1 ofthe Plat Records of Travis County, Texas, the west line of the Resubdivision of Lot 5,Capitol View Estates, a subdivision of record in Volume 55, Page 47 of the PlatRecords of Travis County, Texas, and the west line of the Resubdivision of Lot 4,Capitol View Estates, a subdivision of record in Volume 58, Page 66 of the Plat

of 7

Records of Travis County, Texas, a distance of 4347.40 feet to a 1/2"rebar found inthe north right-of-way line of Old Lockhart Highway (right-of-way width varies), beingthe southeast corner of the 679.66 acre tract;

THENCE with the north right-of-way line of Old Lockhart Highway and the south lineof the 679.66 acre tract the following ten (10) courses:

1. North 52° 14'14" West, a distance of 88.15 feet to a 1/2" rebar found;

2. North 41°41'09" West, a distance of 711.88 feet to a 1/2" iron pipe found;

3. North 40°58'33" West, a distance of 460.57 feet to a 1/2" rebar found;






9. North 37°05'20" West, a distance of 350.14 feet to a metal fence post found;

10. North 35°03'44" West, a distance of 102.42 feet to a 3/4" iron pipe found forthe southeast corner of the 0.805 acre tract;

THENCE North 36°56'38" West with the north right-of-way line of Old LockhartHighway and the south line of the 0.805 acre tract, a distance of 158.54 feet to a 3/4"iron pipe found for the southwest corner of the 0.805 acre tract, being in the southline of the 679.66 acre tract;

THENCE North 36°41'16" West with the north right-of-way line of Old LockhartHighway and the south line of the 679.66 acre tract, a distance of 400.57 feet to a1/2" rebar found fora southwest corner of the 679.66 acre tract, being the southeastcorner of a 0.994 acre tract of land described in Volume 12478, Page 528 of the RealProperty Records of Travis County, Texas;

THENCE North 28°56'17" East with the west line of the 679.66 acre tract and theeast line of the 0.994 acre tract, a distance of 321.00 feet to a calculated point for the

of 7

northeast corner of the 0.994 acre tract, being a southeast corner of a 3.59 acre tractof land described in Volume 13035, Page 304 of the Real Property Records of TravisCounty, Texas;

THENCE with the common line of the 679.66 acre tract and the 3.59 acre tract thefollowing two (2) courses:

1. North 28°50'57" East, a distance of 437.63 feet to a 1/2" rebar found for thenortheast corner of the 3.59 acre tract;

2. North 60°15'24" West, a distance of 130.11 feet to a 1/2" rebar found for thenorthwest corner of the 3.59 acre tract, being an angle point in the east line ofa 16.540 acre tract of land described in Volume 6127, Page 695 of the DeedRecords of Travis County, Texas;



2. North 29°0r25" East, a distance of 1551.18 feet to a 3/4" iron pipe found forthe northeast corner of the 16.540 acre tract;

3. North 62°41 '57" West, a distance of 345.07 feet to a 1/2" iron pipe found forthe northwest corner of the 16.540 acre tract, being the northeast corner of Lot7, Block D, Perkins Park, Section One, a subdivision of record in Volume 50,Page 78 of the Plat Records of Travis County, Texas;

THENCE North 62°57'34" West with the south line of the 679.66 acre tract and thenorth line of Perkins Park, Section One, a distance of 310.24 feet to a 1/2" rebarfound for the northwest corner of Lot 8, Block K, Perkins Park, Section One, beingthe northeast corner of a 6.59 acre tract of land described in Document No.2000167421 of the Official Public Records of Travis County, Texas;


1. North 62°54'58" West, a distance of 162.11 feet to a 1" iron pipe found for thenorthwest corner of the 6.59 acre tract;

2. South 29°33'50" West, a distance of 963.76 feet to a 1/2" rebar with cap set;

of 7

3. South 29°33'00" West, a distance of 753.69 feet to a 1/2" rebar found in thenorth right-of-way line of Old Lockhart Highway, being an angle point in thesouthwest line of the 679.66 acre tract, being also the southwest corner of the6.59 acre tract;

THENCE with the common right-of-way line of Old Lockhart Highway and the 679.66acre tract the following six (6) courses:


2. North 18°08'20"West, a distance of 141.82 feet to a 1/2" rebar found;


4.. North 28°37'37" East, a distance of 229.06 feet to a 1" iron pipe found;

5. North 29°33'21" East, a distance of 670.57 feet to a 3/4" iron pipe found;

6. North 30°58'10" East, a distance of 129.75 feet to a 1/2" rebar found in thesouth line of a 1.5 acre tract of land described in Volume 11234, Page 365 ofthe Real Property Records of Travis County, Texas, from which a USGS Diskfound, bears North 46°17'37" West, a distance of 10.32 feet;


1. South 26°34'49" East, a distance of 11.29 feet to a 1/2" rebar found;


3. North 26°27'24" East, a distance of 211.35 feet to a 1/2" rebar with cap set forthe southwest corner of the 175.000 acre tract;

THENCE North 26°27'24" East with the west line of the 175.000 acre tract and theeast line of the 1.5 acre tract, a distance of 16.17 feet to a 1/2" rebar found for thenortheast corner of the 1.5 acre tract, being a southeast corner of a 67.95 acre tractof land described in Document No. 2002232017 of the Official Public Records ofTravis County, Texas;

of 7

THENCE North 26°54'47" East with the west line of the 175.000 acre tract and theeast line of the 67.95 acre tract, a distance of 1605.89 feet to a 1/2" rebar found foran angle point in the east line of the 67.95 acre tract, being the southeast corner ofthe 1.477 acre tract;

THENCE North 26°55'30" East with the west line of the 175.000 acre tract and theeast line of the 1.477 acre tract, a distance of 364,88 feet to the POINT OFBEGINNING, containing 703.254 acres of land, more or less.

Surveyed on the ground March 16, 2005 and April 28, 2005. Bearing Basis: Gridazimuth for Texas central zone, 1983/93 HARN values from LCRA control network.Attachments: Drawing 471-001-TL

RobertC. Watts, Jr.Registered Professional Land SurveyorState of Texas No. 4995

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SUBJECT TRACT V////////&

PENDING CASE • • • • •

CASEMGR W WALSH -

PLANNED UNIT DEVELOPMENT £ MtBlf &

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Zoning Case No. C814-04-0187.SH

RESTRICTIVE COVENANT

OWNERS Austin Goodnight Ranch, L P', a Texas limited partnership,

MVE Venture, Ltd., a Texas limited partnership, and

Benchmark Land & Exploration, Inc , a Texas corporation

(collectively, "Developer"),

Austin Independent School District ("AISD")

ADDRESS: See Below

CONSIDERATION Ten and No/100 Dollars ($1000) and other good and valuableconsideration paid by the City of Austin to the Owner, the receipt andsufficiency of which is acknowledged.

PROPERTY: A 703.254 acre tract of land, more or less, out of the Santiago Del ValleGrant, Travis County, the tract of land being more particularly describedby metes and bounds in Exhibit "A" attached and incorporated into thiscovenant.

WHEREAS, the Owners of the Property and the City of Austin have agreed that theProperty should be impressed with certain covenants and restrictions;

NOW, THEREFORE, it is declared that the Owners of the Property, for theconsideration, shall hold, sell and convey the Property, subject to the following covenants andrestrictions impressed upon the Property by this restrictive covenant. These covenants andrestrictions shall run with the land, and shall be binding on the Owners of the Property, its heirs,successors, and assigns.

1. A site plan or building permit for the Property may not be approved, released, or issued, ifthe completed development or uses of the Pioperty, considered cumulatively with allexisting 01 previously authorized development and uses, generate traffic that exceeds thetotal traffic generation for the Property as specified in that certain Traffic Impact Analysis("TIA") prepared by WHM Transportation Engineering, Inc , dated July 6, 2005, or asamended and appioved by the Director of the Watershed Protection and DevelopmentReview Department All development on the Property is subject to the recommendationscontained in the memoiandum from the Transportation Review Section of the WatershedProtection* and Development Review Department, dated December 6. 2005 and May 22,2006 The TIA shall be kept on file at the Watershed Protection and DevelopmentReview Department Provided, however, the piovisions of this Paragraph 1 shall notapply to AlSD's construction of public education facilities on the Property

2 At the time an application for approval of a site plan is submitted for the development ofthe Property, or any portion of the Pioperty, an Integrated Pest Management (JPM) Planshall be submitted to the Wateished Protection and Development Review Department for

Restrictive covenantGoodnight Ranch PUD

review and approval. The IPM plan shall comply with the guidelines in Section 1.6.9.2(D) and (F) of the Environmental Criteria Manual that are in effect on the date of thiscovenant.

3 Before a Certificate of Occupancy is issued for a residential use, or before theinfrastructure construction is accepted by the City, street trees must be planted accordingto the following criteria.

a) A street tree is defined as a Class I shade tree having a minimum caliper of 2-1/2inches. Additional species may be used with the approval of the City Arbonst.

b) Street trees shall be planted along each street and in the street planter stripslocated between the curb and sidewalk. Street trees may be omitted where existing treesremain.

c) Street trees shall be planted between 30 and 40 feet on center, with modificationspermitted to accommodate utilities and sight lines. Trees in retail areas maybe grouped

d) An automatic irrigation system is required for a minimum of two years afterinstallation of the trees.

4. It is the intent of the Developer to enter into a public private partnership ("Partnership")with Travis County to construct an extension of Slaughter Lane through the Goodnighttract The Slaughter Lane extension will be designed as a major arterial divided six-laneroadway ("MAD 6"). The Partnership as presently being considered would stipulate thatthe Developer donate the necessary right of way (140-foot width) and pay half the cost ofconstruction of a major arterial divided four-lane roadway ("MAD 4") within theboundaries of Goodnight PUD. Construction is expected to occur in phases. Theremaining two lanes of the Slaughter Lane MAD 6 will be constructed in the future asarea traffic demands warrant, at no cost to the Developer

5. If the Partnership does not occur, the Developer will be responsible for dedicating thenecessary right of way for a MAD 6 roadway and the construction of two travel lanes ofSlaughter Lane including turn lanes for the intersections of Slaughter Lane as identified intheTIA from WHM Transportation Engineering, Inc. dated May 23, 2006 (finalsubmission). This obligation will be enforced through the typical City of Austinboundary street review at time of Final Plat.

6. If any person or entity shall violate or attempt to violate this agreement and covenant, itshall be lawful for the City of Austin to prosecute proceedings at law or in equity againstsuch person or entity violating or attempting to violate such agreement or covenant, toprevent the person or entity from such actions, and to collect damages for such actions.

7. If any part of this agreement or covenant is declared invalid, by judgment or court order,the same shall in no way affect any of the other provisions of this agreement, and suchremaining portion of this agreement shall remain in full effect


8. If at any time the City of Austin fails to enforce this agreement, whether or not anyviolations of it are known, such failure shall not constitute a waiver or estoppel of theright to enforce it.

9. This agreement may be modified, amended, or terminated only by joint action of both (a)a majority of the members of the City Council of the City of Austin, and (b) by theowner(s) of the Property subject to the modification, amendment or termination at thetime of such modification, amendment or termination.

10. This Restrictive Covenant may be executed in any number of counterparts, each of whichis deemed to be an original, and all of which are identical.

EXECUTED to be effective as of the day of , 2006.

OWNERS:

Austin Goodnight Ranch, L.P.,a Texas limited partnership

By: Austin Goodnight Ranch GP LLC,a Texas limited liability company,its general partner

By:Terry Mitchell,Manager

Date:

Owner 1717 West 6th St.; Suite 410,Address: Austin, TX 78703

THE STATE OF TEXAS §

COUNTY OF TRAVIS §

This instrument was acknowledged before me on this the day of ,2006, by Terry Mitchell, Manager, of Austin Goodnight Ranch GP LLC, a Texas limitedliability company, on behalf of the company, and the company acknowledged this covenant asGeneral Partner, on behalf of Austin Goodnight Ranch, L P., a Texas limited partnership.


Notary Public, State of Texas

OWNERS:

MVE Venture, Ltd.,a Texas limited partnership

By: MVE Venture GP, LLC,a Texas limited liability partnership,its general partner

By:Claude Dean Goodnight,Member

Date:

Owner 4504 Congress Ave ,Address- Austin, TX 78745-1908

THE STATE OF TEXAS

COUNTY OF TRAVIS

This instrument was acknowledged before me on this the day of2006, by Claude Dean Goodnight, Member of MVE Venture GP, LLC, a Texas limited liabilitycompany, on behalf of the company, and the company acknowledged this covenant as generalpartner, on behalf of MVE Venture, Ltd., a Texas limited partnership.


Restrictive CovenantGoodnight Ranch PUD

OWNERS:

Benchmark Land & Exploration, Inc.,a Texas corporation

By:David C. Mahn,Secretary

Date:

OwnerAddress 6001 West Wm. Cannon, Bldg. 2,

#201Austin, TX 78749

THE STATE OF TEXAS

COUNTY OF TRAVIS

This instrument was acknowledged before me on this the day of2006, by David C. Mahn, Secretary, of Benchmark Land & Exploration, Inc., a Texascorporation, on its behalf.



OWNERS:

Austin Independent School District

ByMark Williams,President, Board of Trustees

Date

OwnerAddress:

-th1111 West 6m St., Suite B-300,Austin, TX 78703

THE STATE OF TEXAS

COUNTY OF TRAVIS

This instrument was acknowledged before me on this the day of2006, by Mark Williams, President of the Board of Trustees of the Austin Independent SchoolDistrict, on behalf of the Board and the school district


APPROVED AS TO FORM

Assistant City AttorneyCity of Austin

<tRestrictive CovenantGoodnight Ranch PUD

Office: 512-443-1724Fax:512-441-6987

Professional Land Surveying, Inc.Surveying and Mapping

Austin, Texas 78704

703.254 ACRESGOODNIGHT RANCH

A DESCRIPTION OF 703.254 ACRES IN THE SANTIAGO DEL VALLE GRANT,TRAVIS COUNTY, TEXAS, BEING ALL OF A175.00 ACRE TRACT DESCRIBED INA SPECIAL WARRANTY DEED TO BENCHMARK LAND DEVELOPMENT, INC.DATED MAY 02, 2005 AND RECORDED IN DOCUMENT NO. 2005078857 OF THEOFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, BEING ALL OF A0.805 ACRE TRACT (TRACT 1) AND ALL OF THE REMAINDER OF A 679.66ACRE TRACT (TRACT 2) BOTH DESCRIBED IN A SPECIAL WARRANTY DEEDTO M.V.E. VENTURE DATED DECEMBER23,1992 AND RECORDED IN VOLUME11841, PAGE 1943 OF THE REAL PROPERTY RECORDS OF TRAVIS COUNTY,TEXAS, AND BEING ALL OF A 22.818 ACRE TRACT (TRACT 3) DESCRIBED IN ASPECIAL WARRANTY DEED TO M.V.E. VENTURE DATED DECEMBER 28,1989AND RECORDED IN VOLUME 11093, PAC3E 219 OF THE REAL PROPERTYRECORDS OF TRAVIS COUNTY, TEXAS; SAID 703.254 ACRES BEING MOREPARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:

BEGINNING at a 1/2" rebar found at an angle point in the west line of the said 175.00acre tract, being the northeast corner of a 1.477 acre tract described in a deed ofrecord under Document No. 2003115738 of the Official Public Records of TravisCounty, Texas, and being also an angle point in the south right-of-way line of NuckolsCrossing Road (70* right-of-way width);

THENCE along the south right-of-way line of Nuckols Crossing Road and the northline of the 175.00 acre tract, the following seven (7) courses:

1. North 27°13I23" East, a distance of 107.04 feet to a 1/2" rebar found;

2. North 36°26'26" East, a distance of 98.94 feet to a 3/4" iron pipe found, fromwhich a 1/2" rebar found, bears North 28°08'53" East, a distance of 15.87 feet;

3. North 27°09'55" East, a distance of 1122.38 feet to a 3/4" iron pipe found,from which a 1/2" rebarfound, bears South 27°26'43" West, a distance of 6.29feet;

4. Along a curve to the right, having a radius of 136.02 feet, an arc length of214.24 feet, and a chord which bears North 72°14'38" East, a distance of192.77 feet to a 3/4" iron pipe found, from which a 1/2" rebar found, bearsSouth 63°10'57" East, a distance of 13.46 feet;

of 7

5. South 62°37'40" East, a distance of 734.70 feet to a nail found in a fence post;

6. Along a curve to the left, having a radius of 990.40 feet, an arc length of286.98 feet, and a chord which bears South 70°56'14" East, a distance of285.97 feet to a 1/2" rebar found;

7. South 79°14'59" East, a distance of 524.60 feet to a 1/2" rebar with cap set forthe northeast corner of the 175.00 acre tract, being in the north line of the679.66 acre tract;

THENCE with the south right-of-way line of Nuckols Crossing Road and the north lineof the 679.66 acre tract the following two (2) courses:

1. South 79°14'59" East, a distance of 645.80 feet to a 3/4" iron pipe found, fromwhich a 1/2" rebar found, bears South 84°49'23" East, a distance of 5.32 feet;

2. South 85°18'25" East, a distance of 178.50 feet to a 1/2" rebar found for thesouthwest corner of Lot 1, Gentry Estates, a subdivision of record in Volume75, Page 88 of the Plat Records of Travis County, Texas;

THENCE South 61°01'04" East with the north line of the 679,66 acre tract and thesouth line of Lot 1, Gentry Estates, a distance of 1123.29 feet to a 3/4" iron pipefound for the southeast corner of Lot 1, Gentry Estates, being the southwest corner ofa 14.760 acre tract of land described in Volume 8412, Page 663 of the Deed Recordsof Travis County, Texas;

THENCE South 61 °02'12" East with the north line of the 679.66 acre tract and thesouth line of the 14.760 acre tract, a distance of 549.85 feet to a 1 /2" rebar found fora northeast corner of the 679.66 acre tract, being the southeast corner of the 14.760acre tract, being also in the west line of a 236.54 acre tract of land described inDocument No. 2003099256 of the Official Public Records of Travis County, Texas;


1. South 26°18'36" West, a distance of 3355.94 feet to a 1/2" iron pipe found;

2. South 27°07'04" West, a distance of 357.86 feet to a 1/2" rebar found for thesouthwest corner of the 236.54 acre tract;

of 7

3. South 62°41'05" East, a distance of 379.46 feet to a 1/2" rebar found for thesouthwest corner of the 22.818 acre tract;

THENCE North 26°18'03" East with the west line of the 22.818 acre tract and theeast line of the 236.54 acre tract, a distance of 766.53 feet to a 1/2" rebar found forthe northwest corner of the 22.818 acre tract, being the southwest corner of a 22.8acre tract of land described in Volume 4866, Page 1536 of the Deed Records ofTravis County, Texas, from which a 1/2" rebarwith cap found, bears South 89°18'46"East, a distance of 5.56 feet;

THENCE South 63°41'20" East with the north line of the 22.818 acre tract and thesouth line of the 22.8 acre tract, a distance of 1246.34 feet to a 1/2" rebar found forthe northeast corner of the 22.818 acre tract, being the southeast corner of the 22.8acre tract, being also in the west right-of-way line of an apparent road;

THENCE with the east line of the 22.818 acre tract and the west line of the apparentroad the following two (2) courses:

1. South 13°41'32" West, a distance of 157.59 feet to a 1/2" rebar found;

2. South 27°10'07" West, a distance of 638.82 feet to a 1/2" rebarwith cap setfor the southeast corner of the 22.818 acre tract, being in the north right-of-way line of Capitol View Drive (60' right-of-way width), being also the northeastcorner of Lot 15-B, Resubdivision of Lots 14 & 15, Capitol View Estates, asubdivision of record in Volume 47, Page 100 of the Plat Records of TravisCounty, Texas;

THENCE North 62°33'37" West with the south line of the 22.818 acre tract and thenorth line of Lot 15-B, a distance of 561.95 feet to a 1/2" rebar found for thenorthwest corner of Lot 15-B, being an angle point in the east line of the 679.66 acretract;

THENCE South 27°16'23" West with the east line of the 679.66 acre tract, the westline of the said Resubdivision of Lots 14 & 15, Capitol View Estates, the west line ofCapitol View Estates, a subdivision of record in Volume 45, Page 13 of the PlatRecords of Travis County, Texas, the west line of the Resubdivision of Lots 10,11,21, 22 & 23, Capitol View Estates, a subdivision of record in Volume 48, Page 1 ofthe Plat Records of Travis County, Texas, the west line of the Resubdivision of Lot 5,Capitol View Estates, a subdivision of record in Volume 55, Page 47 of the PlatRecords of Travis County, Texas, and the west line of the Resubdivision of Lot 4,Capitol View Estates, a subdivision of record in Volume 58, Page 66 of the Plat

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Records of Travis County, Texas, a distance of 4347.40 feet to a 1/2" rebar found inthe north right-of-way line of Old Lockhart Highway (right-of-way width varies), beingthe southeast corner of the 679.66 acre tract;

THENCE with the north right-of-way line of Old Lockhart Highway and the south lineof the 679.66 acre tract the following ten (10) courses:









9. North 37°05'20" West, a distance of 350.14 feet to a metal fence post found;

10. North 35°03'44" West, a distance of 102.42 feet to a 3/4" iron pipe found forthe southeast corner of the 0.805 acre tract;

THENCE North 36°56'38" West with the north right-of-way line of Old LockhartHighway and the south line of the 0.805 acre tract, a distance of 158.54 feet to a 3/4"iron pipe found for the southwest corner of the 0.805 acre tract, being in the southline of the 679.66 acre tract;

THENCE North 36°41'16" West with the north right-of-way line of Old LockhartHighway and the south line of the 679.66 acre tract, a distance of 400.57 feet to a1 /2" rebar found for a southwest corner of the 679.66 acre tract, being the southeastcorner of a 0.994 acre tract of land described in Volume 12478, Page 528 of the RealProperty Records of Travis County, Texas;

THENCE North 28°56'17H East with the west line of the 679.66 acre tract and theeast line of the 0.994 acre tract, a distance of 321.00 feet to a calculated point for the

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northeast corner of the 0.994 acre tract, being a southeast corner of a 3.59 acre tractof land described in Volume 13035, Page 304 of the Real Property Records of TravisCounty, Texas;

THENCE with the common line of the 679,66 acre tract and the 3.59 acre tract thefollowing two (2) courses:

1. North 28°50'57" East, a distance of 437.63 feet to a 1/2" rebar found for thenortheast corner of the 3.59 acre tract;

2. North 60° 15'24" West, a distance of 130.11 feet to a 1/2" rebar found for thenorthwest corner of the 3.59 acre tract, being an angle point in the east line ofa 16.540 acre tract of land described in Volume 6127, Page 695 of the DeedRecords of Travis County, Texas;



2. North 29°01'25" East, a distance of 1551.18 feet to a 3/4" iron pipe found forthe northeast corner of the 16.540 acre tract;

3. North 62°41'57" West, a distance of 345.07 feet to a 1/2" iron pipe found forthe northwest corner of the 16.540 acre tract, being the northeast comer of Lot7, Block D, Perkins Park, Section One, a subdivision of record in Volume 50,Page 78 of the Plat Records of Travis County, Texas;

THENCE North 62°57'34M West with the south line of the 679.66 acre tract and thenorth line of Perkins Park, Section One, a distance of 310.24 feet to a 1/2" rebarfound for the northwest corner of Lot 8, Block K, Perkins Park, Section One, beingthe northeast corner of a 6.59 acre tract of land described in Document No.2000167421 of the Official Public Records of Travis County, Texas;


1. North 62°54'58" West, a distance of 162.11 feettoa 1" iron pipe found for thenorthwest comer of the 6.59 acre tract;

2. South 29°33'50" West, a distance of 963.76 feet to a 1/2" rebar with cap set;

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3. South 29°33'00" West, a distance of 753.69 feet to a 1/2" rebar found in thenorth right-of-way line of Old Lockhart Highway, being an angle point in thesouthwest line of the 679.66 acre tract, being also the southwest corner of the6.59 acre tract;

THENCE with the common right-of-way line of Old Lockhart Highway and the 679.66acre tract the following six (6) courses:




4. North 28°37'37" East, a distance of 229.06 feet to a 1" iron pipe found;

5. North 29°33'21" East, a distance of 670.57 feet to a 3/4" iron pipe found;

6. North 30°58'10" East, a distance of 129.75 feet to a.1/2" rebar found in thesouth line of a 1.5 acre tract of land described in Volume 11234, Page 365 ofthe Real Property Records of Travis County, Texas, from which a USGS Diskfound, bears North 46°17'37" West, a distance of 10.32 feet;

i


1. South 26°34'49" East, a distance of 11.29 feet to a 1/2" rebar found;


3. North 26°27'24" East, a distance of 211.35 feet to a 1/2" rebar with cap set forthe southwest corner of the 175.000 acre tract;

THENCE North 26°27'24" East with the west line of the 175.000 acre tract and theeast line of the 1.5 acre tract, a distance of 16.17 feet to a 1/2" rebar found for thenortheast corner of the 1.5 acre tract, being a southeast corner of a 67.95 acre tractof land described in Document No. 2002232017 of the Official Public Records ofTravis County, Texas;

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THENCE North 26°54'47" East with the west line of the 175,000 acre tract and theeast line of the 67.95 acre tract, a distance of 1605.89 feet to a 1/2" rebar found foran angle point in the east line of the 67.95 acre tract, being the southeast corner ofthe 1.477 acre tract;

THENCE North 26°55'30" East with the west line of the 175.000 acre tract and theeast line of the 1.477 acre tract, a distance of 364.88 feet to the POINT OFBEGINNING, containing 703.254 acres of land, more or less.

Surveyed on the ground March 16, 2005 and April 28, 2005. Bearing Basis: Gridazimuth for Texas central zone, 1983/93 HARN values from LCRA control network.Attachments: Drawing 471-001-TL

Robert C. Watts, Jr.Registered Professional Land SurveyorState of Texas No. 4995

After Recording, Please Return to:City of AustinDepartment of LawP. O. Box 1088Austin, Texas 78767Attention: Diana Minter, Legal Assistant


tl\r=i20o

SUBJECT TRACT V//7/////&

PENDING CASE

CASEMGR W WALSH

PLANNED UNIT DEVELOPMENT

CASE #: C814-04-0187.SHADDRESS OLDLOCKHARTHWY DATE 06-°6

SUBJECT AREA (acres) 703280 INTLS: SM

CITY GRIDREFERENCENUMBER

H12

I T O U AGENDA

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