ORDINANCE NO. 20140130-035 AN ORDINANCE REZONING AND CHANGING THE ZONING MAP FOR THE PROPERTY LOCATED AT 710 EAST 41^^ STREET IN THE HANCOCK NEIGHBORHOOD PLAN AREA FROM FAMILY RESIDENCE-CONDITIONAL OVERLAY-NEIGHBORHOOD PLAN (SF-3-CO-NP) COMBINING DISTRICT TO COMMUNITY COMMERCIAL-MIXED USE-CONDITIONAL OVERLAYNEIGHBORHOOD PLAN (GR-MU-CO-NP) COMBINING DISTRICT FOR TRACTS 1 AND 2; COMMUNITY COMMERCIAL-MIXED USE-CONDITIONAL OVERLAY-HISTORIC LANDMARK-NEIGHBORHOOD PLAN (GR-MU-CO-HNP) COMBINING DISTRICT FOR TRACT lA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 1. The zoning map established by Section 25-2-191 of the City Code is amended to change the base district on the property (the "Property") described in Zoning Case No. C14-2013-0040, on file at the Planning and Development Review Department, as follows: TRACT 1: From family residence-conditional overlay-neighborhood plan (SF-3-C0-NP) combining district to community commercial-mixed use-conditional overlayneighborhood plan (GR-MU-CO-NP) combining district. A 2.74 acre tract of land, more or less, being a portion of Outlot 14, Division "C" of the government outlots, the tract of land being more particularly described by metes and bounds in Exhibit "A" incorporated into this ordinance. TRACT 2: From family residence-conditional overlay-neighborhood plan (SF-3-CO-NP) combining district to conmiunity commercial-mixed use-conditional overlayneighborhood plan (GR-MU-CO-NP) combining district. A 1.73 acre tract of land, more or less, being a portion of Outlot 14, Division "C" of the government outlots, the tract of land being more particularly described by metes and bounds in Exhibit "B" incorporated into this ordinance. Page 1 of 4 TRACT l A : From family residence-conditional overlay-neighborhood plan (SF-3-CO-NP) combining district to community commercial-mixed use-conditional overlay-historic landmark-neighborhood plan (GR-MU-CO-H-NP) combining district. A 1.21 acre tract of land, more or less, being a portion of Outlot 14, Division "C" of the government outlots, the tract of land being more particularly described by metes and bounds in Exhibit "C" incorporated into this ordinance. locally known as 710 East 41" Street in the City of Austin, Travis County, Texas, and generally identified in the map attached as Exhibit "D". PART 2. Except as specifically provided in Part 3 and Part 4 of this ordinance, the Property may be developed and used in accordance with the regulations estabhshed for the community commercial (OR) base district and other applicable requirements of the City Code. PART 3. The Property within the boundaries of the conditional overlay combining district established by this ordinance is subject to the following conditions: The following apply to Tracts 1, 1A and 2. A. A site plan or building permit for the Property may not be approved, released, or issued, if the completed development or uses of the Property, considered cumulatively with all existing or previously authorized development and uses, generate traffic that exceeds 2,000 trips per day for the combined tracts. Development of the Property may not exceed an impervious coverage of 45 percent. The maximum height, as defined by City Code, of a building or structure on the property may not exceed two stories or 30 feet. The following uses are prohibited uses of the Property: Administrative and business offices Automotive repair services Automotive washing (of any type) Business or trade school Commercial off-street parking Page 2 of 4 B. C. D. Automotive rentals Automotive sales Bail bond services Business support services Communications services Consumer convenience services Drop off recycling collection facility Financial services Food sales General retail sales (convenience) Indoor sports and recreation Medical offices (exceeding 5,000 sq. ft. gross floor area) Outdoor sports and recreation Pet services Professional office Restaurant (limited) Software development College and university facilities Community events Community recreation (public) Cultural services Day care services (limited) Guidance services Local utility services Public secondary educational facilities Safety services The following apphes to Tract 1: A. Consumer repair services Exterminating services Food preparation Funeral services General retail sales (general) Off-site accessory parking Medical offices (not exceeding 5,000 sq. ft. gross floor area) Pawn shop services Printing and publishing Research services Service station Theater Communication service facilities Community recreation (private) Counseling services Day care services (commercial) Duplex residential Hospital services (limited) Pubhc primary educational facilities Residential treatment Vehicular access from Tract 1 to 41" Street is prohibited, except for pedestrian. bicycle and emergency ingress and egress. All vehicular access to Tract 1 shall be from other adjacent public streets or through other adjacent property. Only residential uses are permitted within 75 feet of the north zoning boundary line except for the eastern most 150 feet, measured from the property line adjacent to Red River Street B. The following applies to Tract 2: A. Vehicular access from Tract 2 to Red River Street is prohibited, except for pedestrian, bicycle and emergency ingress and egress. All vehicular access to Tract 2 shall be from other adjacent public streets or through other adjacent property. Page 3 of 4 B. Only residential uses are allowed within 175 feet of the northern zoning boundary line, SAVE AND EXCEPT underground parking is permitted no closer than 75 feet to the northem zoning boundary line. The following applies to Tracts 1 and 2: A. Development of Tracts 1 and 2 may not exceed a total of 75 residential units or hotel units. No more than 55 of the total units may be hotel units and no more than 20 hotel units may be located on Tract 2. A short term rental (type 2) use and short term rental (type 3) use are prohibited uses of the Property. B. Except as specifically restricted under this ordinance, the Property may be developed and used in accordance with the regulations established for the community commercial (OR) base district, the mixed use combining district, and other apphcable requirements of the City Code. PART 4. The Property is subject to Ordinance No. 040826-59 that established the Hancock neighborhood plan combining district. PART 5. This ordinance takes effect on February 10, 2014. PASSED AND APPROVED APPROV JapH/btte S. Goodall ity Clerk Page 4 of 4 Professional Land Surveying, Inc. Surveying and Mapping Office: 512-443-1724 Fax: 512-389-0943 ^soo Mccaii Lane Austin, Texas 78744 2.743 ACRES ZONING DESCRIPTION CITY OF AUSTIN, TEXAS A DESCRIPTION OF 2.743 ACRES (APPROXIMATELY 119,481 SQ. FT.), BEING A PORTION OF OUTLOT 14, DIVISION "C" OF THE GOVERNMENT TRACT ADJOINING THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT ON FILE IN THE GENERAL LAND OFFICE OF THE STATE OF TEXAS, AND BEING A PORTION OF A 9.862 ACRE TRACT CONVEYED TO PERRY ESTATE, LLC IN A SPECIAL WARRANTY DEED WITH VENDOR'S LIEN DATED MARCH 4, 2011 AND RECORDED IN DOCUMENT NO. 2011032668 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS; SAID 2.743 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a found 1/2" hole drilled in the concrete cap of a rock post, for the southeast corner of said 9.862 acre tract, same being the southeast corner of said Outlot 14, also being the intersection of the north right-of-way line of East 41^' Street (60' right-ofway width) and the west right-of-way line of East Red River Street (80' right-of-way width); THENCE North 62°30'20" West, with the north right-of-way line of East 4 1 " Street, same being the south line of said Outlot 14, also being the south line of said 9.862 acre tract, a distance of 307.00 feet to a calculated point for the southernmost corner of the herein described tract of land, and the true POINT OF BEGINNING hereof; THENCE North 62°30'20" West, continuing with the north right-of-way line of East 4 f ' Street, same being the south line of said Outlot 14, also being the south line of said 9.862 acre tract, a distance of 104.44 feet to a calculated point, from which a 1/2" rebar with "Chaparral" cap set for an angle point in the aforementioned line bears North 62''30'20" West, a distance of 150.02 feet; THENCE over and across said 9.862 acre tract, the following six (6) courses and distances: 1. 2. 3. 4. North 19°19'54" East, a distance of 405.32 feet to a calculated point; South 62°23'58" East, a distance of 56.02 feet to a calculated point; South 62°13'21" East, a distance of 60.03 feet to a calculated point; South 62°40'54" East, a distance of 154.99 feet to a calculated point; Exhibit A Page 2 of 4 5. 6. North 27°21'46" East, a distance of 42.89 feet to a calculated point; South 62°32'40" East, a distance of 142.14 feet to a calculated point in the west right-of-way line of East Red River Street, same being the east line of said 9.862 acre tract and the east line of said Outlot 14, from which a 1/2" iron pipe found for the northeast corner of said 9.862 acre tract bears North 2r46'50" East, a distance of 25.12 feet; THENCE with the west right-of-way line of East Red River Street, same being the east line of said 9.862 acre tract and the east line of said Outlot 14, the following two (2) courses and distances: 1. 2. South 21 °46'50" West, a distance of 17.64 feet to a 3/4" iron pipe found for an angle point; South 20°15'40" West, a distance of 286.09 feet to a calculated point, from which said 1/2" hole drilled in the concrete cap of a rock post bears South 20''15'40" West, a distance of 144.04 feet; THENCE over and across said 9.862 acre tract, the following forty-three (43) courses and distances: 1. North 62°05'07" West, a distance of 55.53 feet to a calculated point; 2. With a curve to the left, having a radius of 7.19 feet, a delta angle of 93°19'33", an arc length of 11.71 feet, and a chord which bears North 20°19'06" West, a distance of 10.46 feet to a calculated point; 3. 4. North 62°06'42" West, a distance of 10.59 feet to a calculated point; With a curve to the left, having a radius of 7.54 feet, a delta angle of 84''41 '44", an arc length of 11.14 feet, and a chord which bears South 74°13'44" West, a distance of 10.15 feet to a calculated point; North 62°16'04" West, a distance of 116.29 feet to a calculated point; North 27°37'04" East, a distance of 82.12 feet to a calculated point; North 62°31 '09" West, a distance of 17.93 feet to a calculated point; North 27°28'51" East, a distance of 3.91 feet to a calculated point; 5. 6. 7. 8. 9. With a curve to the left, having a radius of 1.91 feet, a delta angle of 90°00'00", an arc length of 3.01 feet, and a chord which bears North 17°31'09" West, a distance of 2.71 feet to a calculated point; Page 3 of 4 10. North 62°31'09" West, a distance of 20.58 feet to a calculated point; 11. North 27°28'51" East, a distance of 1.70 feet to a calculated point; 12. North 17°49'17" West, a distance of 6.71 feet to a calculated point; 13. North 62°42'02" West, a distance of 8.56 feet to a calculated point; 14. North 27°17'58" East, a distance of 3.40 feet to a calculated point; 15. North 62°42'02" West, a distance of 23.82 feet to a calculated point; 16. South 27°17'58" West, a distance of 3.40 feet to a calculated point; 17. North 62°42'02" West, a distance of 8.56 feet to a calculated point; 18. South 72°23'48" West, a distance of 6.68 feet to a calculated point; 19. South 27°23'48" West, a distance of 1.70 feet to a calculated point; 20. North 62°36'12" West, a distance of 20.60 feet to a calculated point; 21. With a curve to the left, having a radius of 1.94 feet, a delta angle of 88°40'29", an arc length of 3.00 feet, and a chord which bears South 71 °44'06" West, a distance of 2.71 feet to a calculated point; 22. South 27''23'51" West, a distance of 3.85 feet to a calculated point; 23. North 63°15'54" West, a distance of 17.07 feet to a calculated point; 24. North 27°22'55" East, a distance of 22.99 feet to a calculated point; 25. North 62°34'54" West, a distance of 19.37 feet to a calculated point; 26. South 27°22'55" West, a distance of 11.53 feet to a calculated point; 27. North 62°37'05" West, a distance of 1.75 feet to a calculated point; 28. South 27°22'55" West, a distance of 9.22 feet to a calculated point; 29. South 62°37'05" East, a distance of 1.75 feet to a calculated point; 30. South 27°22'55" West, a distance of 11.63 feet to a calculated point; 31. South 62°37'05" East, a distance of 18.55 feet to a calculated point; Page 4 of 4 32. South 27°22'55" West, a distance of 31.59 feet to a calculated point; 33. South 14°13'09" West, a distance of 24.86 feet to a calculated point; 34. With a curve to the left, having a radius of 30.17 feet, a delta angle of 75°23'22", an arc length of 39.69 feet, and a chord which bears South 23°28'33" East, a distance of 36.89 feet to a calculated point; 35. South 61 °48'02" East, a distance of 18.79 feet to a calculated point; 36. With a curve to the left, having a radius of 12.22 feet, a delta angle of 48°29'07", an arc length of 10.34 feet, and a chord which bears South 08°18'14" East, a distance of 10.03 feet to a calculated point; 37. South 27°21'50" West, a distance of 34.45 feet to a calculated point; 38. With a curve to the right, having a radius of 376.44 feet, a delta angle of 09°32'05", an arc length of 62.65 feet, and a chord which bears South 34°28'00" West, a distance of 62.57 feet to a calculated point; 39. South 39°14'57" West, a distance of 10.91 feet to a calculated point; 40. South 26°55'55" West, a distance of 10.92 feet to a calculated point; 41. North 63°31'55" West, a distance of 2.24 feet to a calculated point; 42. With a curve to the left, having a radius of 8.00 feet, a delta angle of 86°42'40", an arc length of 12.10 feet, and a chord which bears South 70°42'59" West,, a distance of 10.98 feet to a calculated point; 43. South 27°19'03" West, a distance of 2.70 feet to the POINT OF BEGINNING, containing 2.743 acres of land, more or less. Surveyed on the ground March 3,2011. Bearing Basis: The Texas Coordinate System of 1983, Central Zone, based on GPS solutions from the National Geodetic Survey (NGS) On-line Positioning User Service (OPUS). Attachments: Drawing 793-001-Z12. Eric J. Dannheim Registered Professional Land Surveyor State of Texas No. 6075 SKETCH TO ACCOMPANY A DESCRIPTION OF 2.743 ACRES (APPROXIMATELY 119,481 SQ. FT.), BEING A PORTION OF OUTLOT 14. DIVISION "C" OF THE GOVERNMENT TRACT ADJOINING THE CITY OF AUSTIN. TRAVIS COUNTY, TEXAS. ACCORDING TO THE MAP OR PLAT ON FILE IN THE GENERAL LAND OFFICE OF THE STATE OF TEXAS. AND BEING A PORTION OF A 9.862 ACRE TRACT CONVEYED TO PERRY ESTATE. LLC IN A SPECIAL WARRANPr' DEED WITH VENDOR'S LIEN DATED MARCH 4. 2011 AND RECORDED IN DOCUMENT NO. 2011032668 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY. TEXAS. BEARING BASIS: THE TEXAS COORDINATE SYSTEM OF 1983. CENTRAL ZONE. BASED ON GPS SOLUTIONS FROM THE NATIONAL GEODETIC SURVEY (NGS) ON-LINE POSITIONING USER SERVICE (OPUS). ATTACHMENTS: METES AND BOUNDS DESCRIPTION 793-001-Z12 DETAIL 8 (1"=30) LEGEND O 0 A m 1/2" REBAR WITH "CHAPARRAL" CAP SET IRON PIPE FOUND (SIZE NOTED) CALCULATED POINT FOUND 1/2" HOLE DRILLED IN THE CONCRETE CAP OF A ROCK POST PROPERTY OWNER INFORMATION ® HAL F. MORRIS AND WIFE, LORE FRIEND TRACT II (12239/1633) (DESCRIBED IN 8334/173) (915/249) ® MAYRENE HENDERSON (7978/982) (912/240) ® MICHAEL DONALD KITLEY SECOND TRACT (2003122977) (1152/544) (V) ^ ALLAN HUGH COLE. JR. AND TRACEY M. COLE TRACT TWO (2003179008) (909/423) DATE OF SURVEY: 0 3 / 0 3 / 1 1 PLOT DATE: 0 9 / 0 5 / 1 3 DRAWING NO.: 793-001-Z12 PROJECT NO.: 793-001 DRAWN BY: EJD SHEET 1 OF 3 DANIEL LESTER SMITH AND LAURA HEATH SMITH TRACT TWO (8077/85) (915/47) PERRY ESTATE. LLC 9.862 ACRES (2011032668) N62'30'20"W 150.02' LI- " L43 N62-30'20'^V 307.00' (N60"03'W 561.46') EAST 41ST STREET (60' R.O.W. WIDTH) DETAIL A (r=5o) DATE OF SURVEY: 0 3 / 0 3 / 1 1 PLOT DATE: 0 9 / 0 5 / 1 3 DRAWING NO.: 793-001-Z12 PROJECT NO.: 793-001 DRAWN BY: EJD SHEET 2 OF 3 CURVE RADIUS CI 7.19' C2 7.54' C3 1.91' C4 1.94' C5 30.17* C6 12.22" C7 376.44' C8 8.00' CURVE TABLE DELTA ARC 93°19'33" 11.71' 84-41'44" 11.14' 90'00'00" 3.01' 88*40'29" 3.00' 75*23'22" 39.69' 48*29'07'' 10.34' 9-32'05" 62.65' 86'42'40" 12.10' BEARING N20'19'06"W S74-13'44"W N17-31'09"W S7r44'06''W S23'28'33"E S08'18'14"E S34'28'00"W S70*42'59"W CHORD 10.46' 10.15' 2.71' 2.71' 36.89' 10.03' 62.57' 10.98' LINE LI L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 LI 2 L13 LI 4 LI 5 LI 6 LI 7 LI 8 LI 9 L20 L21 L22 L23 L24 L25 LINE TABLE BEARING N62*30'20''W S62°23'58"E S62'13'21"E S62*40'54"E N27'2r46"E S62*32'40"E N2r46'50"E S2r46'50''W N62°05'07"W N62*06'42''W N62°16'04'^V N27'37'04"E N6Z31'09''W N27*28'51''E N62°3r09"W N27-28'51"E N17*49'17"W N6Z42'02"W N27'17'58"E N62*42'02"W S27'17'58"W N62-42'02''W S7Z23'48"W S27*23'48"W N62*36'12'W DISTANCE 104.44' 56.02' 60.03' 154.99' 42.89' 142.14' 25.12' 17.64' 55.53' 10.59' 116.29' 82.12' 17.93' 3.91' 20.58' 1.70' 6.71* 8.56' 3.40* 23.82' 3.40* 8.56* 6.68' 1.70* 20.60* LINE L26 L27 L28 L29 L30 L31 L32 L33 L34 L35 L36 L37 L38 L39 L40 L41 L42 L43 UNE TABLE BEARING DISTANCE S27'23'51"W 3.85' N63M5'54**W 17.07' N27*22*55"E 22.99' N62-34'54"W 19.37* S27'22'55'*W 11.53* N6Z37'05"W 1.75* S27*22'55''W 9.22* S6Z37'05''E 1.75* S27'22'55"W 11.63* S6Z37*05"E 18.55' S27*22'55''W 31.59' S14°13'09"W 24.86' S6r48*02*'E 18.79' S27*21'50"W 34.45* S39*14'57"W 10.91' S26'55'55"W 10.92' N63-31'55"W 2.24' S27-19'03**W 2.70' 5^. OF ERIcTbANNHEIM' DATE OF SURVEY: 0 3 / 0 3 / 1 1 PLOT DATE: 0 9 / 0 5 / 1 3 DRAWING NO.: 793-001-Z12 PROJECT NO.: 793-001 DRAWN BY: EJD SHEET 3 OF 3 Professional Land Surveying, inc. Surveying and Mapping Office: 512-443-1724 Fax; 512-389-0943 3500 McCall Lane Austin, Texas 78744 1.730 ACRES ZONING DESCRIPTION CITY OF AUSTIN, TEXAS A DESCRIPTION OF 1.730 ACRES (APPROXIMATELY 75,345 SQ. FT.), BEING A PORTION OF OUTLOT 14, DIVISION "C" OF THE GOVERNMENT TRACT ADJOINING THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT ON FILE IN THE GENERAL LAND OFFICE OF THE STATE OF TEXAS, AND BEING A PORTION OF A 9.862 ACRE TRACT CONVEYED TO PERRY ESTATE, LLC IN A SPECIAL WARRANTY DEED WITH VENDOR'S LIEN DATED MARCH 4, 2011 AND RECORDED IN DOCUMENT NO. 2011032668 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS; SAID 1.730 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2" rebar with "Chaparral" cap set for an angle point in the north rightof-way line of East 41 St Street (60' right-of-v\/ay width), same being the south line of said Outlot 14, also being the south line of said 9.862 acre tract, from which a 1/2" rebar found for the southwest corner of said 9.862 acre tract, same being the southeast corner of a tract described in a deed recorded in Volume 12627, Page 1577 of the Real Property Records of Travis County, Texas, and conveyed to Karen Killeen in a deed recorded in Document No. 2002043761 of the Official Public Records of Travis County, Texas, bears North 62°19'14" West, a distance of 470.67 feet; THENCE over and across said 9.862 acre tract, the following twenty-two (22) courses and distances: 1. North 09°13'25" West, a distance of 18.31 feet to a calculated point; 2. North 27°23'33" East, a distance of 42.52 feet to a calculated point; 3. North 14°57'13" East, a distance of 17.49 feet to a calculated point; 4. North 04°52'47" East, a distance of 20.12 feet to a calculated point; 5. North 24°52'40" East, a distance of 27.54 feet to a calculated point; 6. North 14°14'45" East, a distance of 57.42 feet to a calculated point; 7. North 02°45'08" East, a distance of 53.61 feet to a calculated point; Exhibit B Page 2 of 3 8. North 3r06'04" West, a distance of 28.66 feet to a calculated point; 9. North 04°27'21" East, a distance of 14.82 feet to a calculated point; 10. North 28°25'03" East, a distance of 35.29 feet to a calculated point; 11. North 23°3ri4" West, a distance of 17.18 feet to a calculated point; 12. North 04°34'46" East, a distance of 15.28 feet to a calculated point; 13. North 2r32'20" West, a distance of 17.73 feet to a calculated point; 14. North 03°52'39" West, a distance of 28.67 feet to a calculated point; 15. North 17°40'08" West, a distance of 18.29 feet to a calculated point; 16. North 3r09'31" West, a distance of 35.33 feet to a calculated point; 17. North 27°32'30" West, a distance of 33.03 feet to a calculated point; 18.South 62°28'12" East, a distance of 123.75 feet to a calculated point; 19. South 62°28'41" East, a distance of 75.56 feet to a calculated point; 20. South 63°25'03" East, a distance of 86.64 feet to a calculated point; 21. South 62°23'58" East, a distance of 13.46 feet to a calculated point; 22. South 19°19'54" West, a distance of 405.32 feet to a calculated point in the north right-of-way line of East 41st Street, same being the south line of said Outlot 14, also being the south line of said 9.862 acre tract, from which a found 1/2" hole drilled in the concrete cap of a rock post, for the southeast corner of said 9.862 acre tract, same being the intersection of the north right-of-way line of East 41®' Street and the west right-of-way line of East Red River Street (80' right-of-way width), bears South 62°30'20" East, a distance of 411.44 feet; THENCE North 62°30'20" West, with the north right-of-way line of East 41st Street, same being the south line of said Outlot 14, also being the south line of said 9.862 acre tract, a distance of 150.02 feet to the POINT OF BEGINNING, containing 1.730 acres of land, more or less. Page 3 of 3 Surveyed on the ground March 3, 2011. Bearing Basis: The Texas Coordinate System of 1983, Central Zone, based on GPS solutions from the National Geodetic Survey (NGS) On-line Positioning User Service (OPUS). Attachments: Drawing 793-001-Z10. Eric J. Dannheim Registered Professional Land Surveyor State of Texas No. 6075 SKETCH TO ACCOMPANY A DESCRIPTION OF 1.730 ACRES (APPROXIMATELY 75,345 SQ. FT.). BEING A PORTION OF OUTLOT 14, DIVISION "C" OF THE GOVERNMENT TRACT ADJOINING THE CITY OF AUSTIN, TRAVIS COUNTY. TEXAS. ACCORDING TO THE MAP OR PLAT ON RLE IN THE GENERAL LAND OFRCE OF THE STATE OF TEXAS. AND BEING A PORTION OF A 9.862 ACRE TRACT CONVEYED TO PERRY ESTATE, LLC IN A SPECIAL WARRANTf DEED WITH VENDOR'S UEN DATED MARCH 4, 2011 AND RECORDED IN DOCUMENT NO. 2011032668 OF THE OFRCIAL PUBUC RECORDS OF TRAVIS COUNTY, TEXAS. BEARING BASIS: THE TEXAS COORDINATE SYSTEM OF 1983, CENTRAL ZONE, BASED ON GPS SOLUTIONS FROM THE NATIONAL GEODETIC SURVEY (NGS) ON-LINE POSITIONING USER SERVICE (OPUS). AHACHMENTS: METES AND BOUNDS DESCRIPTION 793-001-Z10 LEGEND 1/2" REBAR FOUND (OR AS NOTED) o "ERTCXDAN^^^^^ '6075'"'f{."/V 150.02' LOT 21 LOT 20 ® 1 i, IL , II L T 23 I L T 24 I L T 25 O O O 1 II © B O K 23 LC PRY ETTS ER SAE (3/152) I 26 I LOT 27 LOT LOT 28 LOT 29 I LOT 30 -J L__J I LI 8 LI 5 J i L19 ® I © I© I 1_ L20 J H J r = 100' ,L_ t 25' APPROXIMATE EAST MARGIN OF FULLY DEVELOPED FLOODPLMN (SCALED FROM FEMA MAP 48453C0465H AS REVISED TO REFLECT LOMR EFFECTIVE 3 / 0 3 / 1 0 ) 1.730 ACRES APPROX. 75,345 SQ. FT. ERIC J . DANNHEIM h Professional Land Surveying, Inc. Surveying and Mapping Office: 512-443-1724 Fax: 512-389-0943 ^soo Mccaii Lane Austin, Texas 78744 1.219 ACRES ZONING DESCRIPTION 0UTL0T14, DIVISION "C" A DESCRIPTION OF 1.219 ACRES OF LAND (APPROXIMATELY 53,092 SQ. FT.), BEING A PORTION OF OUTLOT 14, DIVISION "C" OF THE GOVERNMENT TRACT ADJOINING THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT ON FILE IN THE GENERAL LAND OFFICE OF THE STATE OF TEXAS, AND BEING A PORTION OF A 9.862 ACRE TRACT CONVEYED TO PERRY ESTATE, LLC IN A SPECIAL WARRANTY DEED WITH VENDOR'S LIEN DATED MARCH 4, 2011 AND RECORDED IN DOCUMENT NO. 2011032668 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS; SAID 1.219 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a found 1/2" hole drilled in the concrete cap of a rock post for the intersection of the north right-of-way line of East 41^' Street (60' right-of-way width) and the west right-of-way line of East Red River Street (80' right-of-way width), for the southeast corner of said 9.862 acre tract; THENCE North 62°30'20" West, with the north right-of-way line of East 41^' Street, same being the south line of said 9.862 acre tract, a distance of 307.00 feet to a calculated point, from which, a 1/2" rebar with Chaparral cap set for an angle point in the aforementioned line bears North 62°30'20" West, a distance of 254.46 feet; THENCE crossing said 9.862 acre tract, the following fourty-three (43) courses and distances: 1. North 27°19'03" East, a distance of 2.70 feet to a calculated point; 2. With a curve to the right, having a radius of 8.00 feet, a delta angle of 86°42'40", an arc length of 12.10 feet, and a chord which bears North 70°42'59" East, a distance of 10.98 feet to a calculated point; 3. South 63°31 '55" East, a distance of 2.24 feet to a calculated point; 4. North 26°55'55" East, a distance of 10.92 feet to a calculated point; 5. North 39°14'57" East, a distance of 10.91 feet to a calculated point; 6. With a curve to the left, having a radius of 376.44 feet, a delta angle of Exhibit C Page 2 of 4 09°32'05", an arc length of 62.65 feet, and a chord which bears North 34°28'00" East, a distance of 62.57 feet to a calculated point; 7. North 27°21 '50" East, a distance of 34.45 feet to a calculated point; 8. With a curve to the right, having a radius of 12.22 feet, a delta angle of 48°29'07", an arc length of 10.34 feet, and a chord which bears North 08° 18'14" West, a distance of 10.03 feet to a calculated point; 9. North 61 °48'02" West, a distance of 18.79 feet to a calculated point; 10. With a curve to the right, having a radius of 30.17 feet, a delta angle of 75°23'22", an arc length of 39.69 feet, and a chord which bears North 23°28'33" West, a distance of 36.89 feet to a calculated point; 11 .North 14°13'09" East, a distance of 24.86 feet to a calculated point; 12. North 27°22'55" East, a distance of 31.59 feet to a calculated point; 13. North 62°37'05" West, a distance of 18.55 feet to a calculated point; 14. North 27°22'55" East, a distance of 11.63 feet to a calculated point; 15. North 62°37'05" West, a distance of 1.75 feet to a calculated point; 16. North 27°22'55" East, a distance of 9.22 feet to a calculated point; 17. South 62°37'05" East, a distance of 1.75 feet to a calculated point; 18. North 27°22'55" East, a distance of 11.53 feet to a calculated point; 19. South 62°34'54" East, a distance of 19.37 feet to a calculated point; 20. South 27°22'55" West, a distance of 22.99 feet to a calculated point; 21 .South 63°15'54" East, a distance of 17.07 feet to a calculated point; 22. North 27°23'51" East, a distance of 3.85 feet to a calculated point; 23. With a curve to the right, having a radius of 1.94 feet, a delta angle of 88°40'29", an arc length of 3.00 feet, and a chord which bears North 71 °44'06" Page 3 of 4 East, a distance of 2.71 feet to a calculated point; 24. South 62°36'12" East, a distance of 20.60 feet to a calculated point; 25. North 27°23'48" East, a distance of 1.70 feet to a calculated point; 26. North 72°23'48" East, a distance of 6.68 feet to a calculated point; 27. South 62°42'02" East, a distance of 8.56 feet to a calculated point; 28. North 27°17'58" East, a distance of 3.40 feet to a calculated point; 29.South 62°42'02" East, a distance of 23.82 feet to a calculated point; 30. South 27°17'58" West, a distance of 3.40 feet to a calculated point; 31 .South 62°42'02" East, a distance of 8.56 feet to a calculated point; 32. South 17°49'17" East, a distance of 6.71 feet to a calculated point; 33. South 27°28'51" West, a distance of 1.70 feet to a calculated point; 34. South 62°31'09" East, a distance of 20.58 feet to a calculated point; 35. With a cun/e to the right, having a radius of 1.91 feet, a delta angle of 90°00'00", an arc length of 3.01 feet, and a chord which bears South 17°31'09" East, a distance of 2.71 feet to a calculated point; 36. South 27°28'51" West, a distance of 3.91 feet to a calculated point; 37. South 62°31 '09" East, a distance of 17.93 feet to a calculated point; 38. South 27°37'04" West, a distance of 82.12 feet to a calculated point; 39. South 62°16'04" East, a distance of 116.29 feet to a calculated point; 40. With a curve to the right, having a radius of 7.54 feet, a delta angle of 84°41'44", an arc length of 11.14 feet, and a chord which bears North 74°13'44" East, a distance of 10.15 feet to a calculated point; 41 .South 62°06'42" East, a distance of 10.59 feet to a calculated point; Page 4 of 4 42. With a curve to the right, having a radius of 7.19 feet, a delta angle of 93°19'33", an arc length of 11.71 feet, and a chord which bears South 20°19'06" East, a distance of 10.46 feet to a calculated point; 43. South 62°05'07" East, a distance of 55.53 feet to a calculated point in the west right-of-way line of East Red River Street, same being the east line of said 9.862 acre tract, from which, a 3/4" iron pipe found for angle point in same line bears North 20°15'40" East, a distance of 286.09 feet; THENCE South 20°15'40" West, with the west right-of-way line of East Red River Street, same being the east line of said 9.862 acre tract, a distance of 144.04 feet to the POINT OF BEGINNING, containing 1.219 acres of land, more or less. Surveyed on the ground March 3, 2011. Bearing Basis: The Texas Coordinate System of 1983, Central Zone, based on GPS solutions from The National Geodetic Survey (NGS) On-line Positioning User Service (OPUS). Attachments: Drawing 793001-Z4. Eric J. Dannheim Registered Professional Land Surveyor State of Texas No. 6075 A SKETCH TO ACCOMPANY A DESCRIPTION OF 1.219 ACRES OF LAND (APPROXIMATELY 53.092 SQ. FT.), BEING A PORTION OF OUTLOT 14, DIVISION " C OF THE GOVERNMENT TRACT ADJOINING THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS. ACCORDING TO THE MAP OR PLAT ON FILE IN THE GENERAL LAND OFRCE OF THE STATE OF TEXAS, AND BEING A PORTION OF A 9.862 ACRE TRACT CONVEYED TO PERRY ESTATE, LLC IN A SPECIAL WARRANTY DEED WITH VENDOR'S UEN DATED MARCH 4, 2011 AND RECORDED IN DOCUMENT NO. 2011032668 OF THE OFFICIAL PUBUC RECORDS OF TRAVIS COUNTY, TEXAS. CURVE TABLE LEGEND CURVE RADIUS DELTA ARC BEARING CHORD TANGENT A CALCULATED POINT C1 8.00' 86°42'40'' 12.10' N70'42'59*'E 10.98' 7.55' © IRON PIPE FOUND (SIZE NOTED) C2 376.44' 9*32'05" 62.65' N34*28'00"E 62.57' 31.40' O 1/2" REBAR WITH CHAPARRAL CAP SET C3 12.22' 48°29'07'' 10.34' N08°18'14"W 10.03' 5.50' IE FOUND 1/2" DRILLED HOLE IN C4 30.17' 75'23'22'' 39.69' N23'28'33'W 36.89' 23.31' CONCRETE CAP OF ROCK POST C5 1.94' 88°40'29'' 3.00' N7r44'06''E 2.71' 1.89' ( ) RECORD INFORMATION 06 1.91' 2.71' S17°31'09"E 1.91' go'oo'oo" 3.01' 07 7,54' 84*41 '44" 11.14' N74'13'44"E 10.15' 6.87' C8 7.19' 93°19'33" 11.71' S20'19'06"E 10.46' 7.62' UNE LI L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 LI 2 LI 3 LI 4 LI 5 LI 6 LI 7 LI 8 LI 9 UNE TABLE BEARING DISTANCE N27*19'03''E 2.70' S63°31 '55"E 2.24' N26*55'55''E 10.92' N39*14'57''E 10.91' N27°21'50''E 34.45' 18.79' N14°13'09''E 24.86' N27'22'55''E 31.59' N6Z37'05'W 18.55' N27-22'55''E 11.63' N62*37'05'W 1.75' N27'22'55''E 9.22' S62*37'05''E 1.75' N27'22'55''E 11.53' S62'34'54''E 19.37' S27*22'55'^V 22.99' S63'15'54''E 17.07' N27-23'5rE 3.85' S62°36'12"E 20.60' UNE L20 L21 L22 L23 L24 L25 L26 L27 L28 L29 L30 L31 L32 L33 L34 L35 UNE TABLE BEARING DISTANCE N27'23'48''E 1.70' N72*23'48"E 6.68' S6Z42'02"E 8.56' N27'17'58''E 3.40' S62'42'02''E 23.82' S27*17'58'W 3.40' S6Z42'02"E 8.56' 6.71' S17°49'17"E S27'28'51''W 1.70' S6Z3r09"E 20.58' S27'28'5rw 3.91' S62*31'09''E 17.93' S27*37'04'^V 82.12' S6Z16'04"E 116.29' 10.59' S6Z06'42''E S62*05'07"E 55.53' BEARING BASIS: THE TEXAS COORDINATE SYSTEM OF 1983, CENTRAL ZONE, BASED ON GPS SOLUTIONS FROM THE NATIONAL GEODETIC SURVEY (NGS) ON-LINE POSITIONING USER SERVICE (OPUS). AHACHMENTS: METES AND BOUNDS DESCRIPTION 793-001-Z4 DATE OF SURVEY: 0 3 / 0 3 / 1 1 PLOT DATE: 0 1 / 2 5 / 1 3 DRAWING NO.: 7 9 3 - 0 0 1 - Z 4 PROJECT NO.: 793-001 DRAWN BY: CWW SHEET 1 OF 2 1" = 60' THE EAST 65 FEET OF LOT 32 ^ BLOCK 23 PERRY ESTATES (3/152) LOT 33 I (S59*53*E) 3/4" LOT 34 S62-40'5|4"E 129.91' 3/8" 3/4" _ i S 5 9 ; 5 3 t _104^') J60-0') S62'32'40''E 164.69' MICHAEL DONALD KITLEY SECOND TRACT | ^ (2003122977) (1152/544) C M ^ S2r46'50'*W 42.77* (S24'16'W) (42.88') MAYRENE HENDERSON (7978/982) (912/240) LI 4 L13-^ L12-- Lll-^ LIO"^ L23 L22" L15^ |C5L21\ VL19) L9 00 _j L26L5 L28 C6 J=24 ±30 131 CM A7\ PERRY ESTATE, LLC 9.862 ACRES (2011032668) LI 8 to 1.219 ACRES APPROX. 53,092 SQ. FT - -O V N62'30'20'MV 254.46* (N60-03'W 561.46') N62'30'20'^V 307.00' DATE OF SURVEY: 0 3 / 0 3 / 1 1 PLOT DATE: 0 1 / 2 5 / 1 3 DRAWING NO.: 7 9 3 - 0 0 1 - Z 4 PROJECT NO.: 793-001 DRAWN BY: C W W SHEET 2 OF 2 EAST 41 ST STREET (60' R.O.W. WIDTH) |\| 1 ^ 3 SUBJECT TRACT ZONING ZONING CASE#: f ^ ^ ' A I* o'l P N I G C S E DN A E i l l ZONING BOUNDARY ImlJ^^ifl" C14-2013-0040 -"ay not have been and represents oniu iho 1 " = 400 by (he aiy of AusUn reoardina snedtic accuracv or cornnlstenfl,, ^ Exhibit D