Contract - Auspro Enterprises, LP - 10/12/2017 i
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STATE OF TEXAS §
§
COUNTY OF TRAVIS §
§ '
CITY OF CITY OF ROUND ROCK, § j
TEXAS §
CHAPTER 43 TEXAS LOCAL GOVERNMENT CODE
DEVELOPMENT AGREEMENT
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This Agreement is entered into under authority granted to Municipalities by Sections 43.056 and 1
43.142 of the Texas Local Government Code, by and between the City of Round Rock, Texas (the
"City") and Auspro Enterprise, LP, the undersigned property owner (the "Owner"). The term I
"Owner" includes all owners of the Property.
WHEREAS, the Owner owns a parcel of real property (the "Property") in Travis County, Texas,
which is more particularly described in Exhibit"A"attached hereto; and
WHEREAS, the Property was part of a 14.78 acre Annexation into the full purpose corporate limits
of the City of Round Rock on January 24, 2013 by Ordinance No.A-13-01-10-G4; and
,
WHEREAS, a portion of said 14.78 acre annexation property was subsequently sold by Owner to
Wittlesey Landscape Supplies. The Property described in Exhibit A is the remainder of the 14.78
acres which is currently owned by Owner; and
WHEREAS, the City has filed a lawsuit for damages for nonpayment by Owner of Municipal
drainage utility charges in Cause No. C-1-CV-16-004038 and styled City of Round Rock, Texas,
Plaintiff vs. Auspro Enterprises, LP, Defendant, in the County Court of Law Number 2, in and for
Travis County, Texas(the"Lawsuit"); and
WHEREAS, the Owner has counter claimed against the City in the Lawsuit for taking of property
owned by Owner for Greenlawn Boulevard without compensation in violation of Texas Constitution
Article I, Section 17 and for breach of the City's Covenant of the Service Plan adopted in the
Ordinance of Annexation A-13-01-10-G4; and
WHEREAS, pursuant to City of Round Rock Code of Ordinances Section 1.04, the City desires to
disannex the Property because the Property is not presently suitable or necessary for City purposes;
and
WHEREAS, this Agreement is entered into pursuant to authority granted to the City under Sections
43.056 and 43.142 of the Texas Local Government Code, in order to effect the disannexation of the
Property and to compromise and settle all claims by each party against the other relating to the
Property and as described in the aforementioned Lawsuit; and
WHEREAS, the Owner and the City acknowledge that this Agreement is binding upon the City and the
Owner and their respective successors and assigns;and
WHEREAS, this Development Agreement is to be recorded in the Real Property Records of Travis
County,'Texas at the expense of the City.
August 16,2017
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NOW,THEREFORE, in consideration of the mutual covenants contained herein,the parties hereto
agree as follows:
Section 1. Disannexation from Corporate Limits and Continuance of Extraterritorial
Jurisdiction Status.
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1.1 The City agrees to immediately disannex the Property described in Exhibit A, attached
hereto and incorporated herein by reference (the Disannexation Property) and agrees not to reannex
the Property involuntarily during the term of this Agreement.
1.2 The City shall be relieved of all obligations and covenants of the Annexation Service Plan
with respect to the Disannexation Property effective immediately.
1.3 The City shall not be obligated to refund to Owner of the Disannexation Property money
collected by the City from the Owner for taxes or for services to the Disannexation Property that were not
provided.
1.4 Owner acknowledges that the disannexation of the Disannexation Property shall have no effect
on the City's Extraterritorial Jurisdiction (ETJ) authority and that the Disannexation Property shall
continue to be subject to the City's subdivision regulation authority and sign ordinance authority, and any
other-ordinances applicable within the City of Round Rock ETJ in accordance with State law.
1.5 Owner agrees that the permitted uses on the Disannexation Property shall be limited to those
uses described in Section 46-142 of the Round Rock,Texas Code of Ordinances as follows: i
Activity centers, children's; community services; daycare; funeral home; government facilities;
gymnasiums/sports training facilities; kennel, indoor; office; overnight accommodations; park,
community; park, linear/linkage; park, neighborhood; place of worship; school: business, trade
and post-secondary educational facilities; small animal grooming facility; veterinary clinic,
small animals; eating establishments; office, medical; upper-story residential; retail sales and
services; school,primary/secondary,private.
f 1.6 Owner acknowledges and agrees that all building improvements henceforth shall be made in
accordance with uniform building, fire, electrical, plumbing, and mechanical codes promulgated by
recognized national code organizations and adopted by the City of Round Rock, and that all such
construction work shall be inspected for compliance with such applicable codes by qualified third-party
inspectors hired by Owner All inspection reports related to the Property shall be made available for
inspection by the City upon request. The City shall have no jurisdiction to require construction permits
issued by the City, but may demand copies of inspection reports from Owner to verify compliance with
the Code requirements described herein
1.7 The owner agrees that all commercial development on the Disannexation Property shall be
subject to the following general commercial building standards:
1. Exterior -gall finish. The building materials of a project shall be durable, require low
maintenance, and be of the same or higher quality as surrounding developments.
a. For all buildings,except for concrete tilt-wall construction:
1. At least 75 percent of the total exterior wall finish, except for doors, windows,
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August 16,2017
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and trim, shall be natural stone, simulated stone, brick, stone-face or split-face concrete
masonry unit(CMU);and 1
2. No more than 25 percent may consist of stucco, fiber cement siding,
architectural steel or metal, CMU other than split-face or stone-face, or glass with steel
framing, except as modified by subsection f.below.
b. For buildings utilizing concrete tilt-wall construction: j
1. At least 75 percent of the total exterior wall finish, except for doors, windows,
and trim, shall be natural stone, simulated stone,brick, stone-face or split-face concrete
masonry unit(CMU),or stucco;and
2. No more than 25 percent may consist of fiber cement siding, architectural steel
or metal, CMU other than split-face or stone-face, or glass with steel framing, except as
modified by subsection f.below.
C. All CMU shall have an ashlar pattern.
d. Where stucco exceeds 75 percent of the total exterior wall finish, a minimum j
four-foot wainscot of stone, simulated stone, or brick shall be incorporated.
e. Glass with steel framing shall not exceed 25 percent of the total exterior wall
finish for buildings less than three stories tall. Buildings that are three stories or taller
may consist of a maximum 50 percent glass with steel framing.
2. Exterior color. Day-Glo, luminescent, neon, or similar types of color finishes are
prohibited.
3. Glass. Except for photovoltaic cells, mirrored glass with a reflectivity of 20 percent or
more is not permitted on the exterior walls and roofs of all buildings and structures.
4. Orientation requirements. Building elevations that directly face a public street shall
have at least 15 percent of the wall facing the street consist of windows and/or pedestrian
entrance areas.
5. Building elevation variation. The following regulations shall apply to the primary
facade and all building elevations facing a public street(right-of-way):
a. Changes in wall planes shall be provided with a minimum depth of 12 inches at
intervals of not more than 80 feet.A depth of 24 inches is recommended.
b. Building elevations shall include a change in color, texture, and/or exterior wall
finish material at horizontal intervals of not more than 80 feet.
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C. Building elevations shall include vertical articulation by means of a minimum of
one change in color, texture, and/or exterior wall finish material for any structure
exceeding 20 feet in height.
6. Roofing materials. Roofing materials for pitched roofs shall consist of 25-year
architectural dimensional shingles, tile (clay, cement,natural or simulated stone), non-reflective
prefinished metal, or reflective metal such as copper or other similar metals as approved by the
zoning administrator.
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1.8 Prior to beginning any improvements on the Property, Owner agrees to notify the City of the
scope of work by delivering copies of all permits required by Travis County,or other regulatory agencies,
for the construction of the improvements..
1.9 Owner shall correct any deficiencies found by the third-party code inspector within a reasonable
amount of time or as provided by applicable codes,rules,regulations,and/or statutes.
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August 16,2017
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Section 2. Term/Miscellaneous
2.1 The Term of this Agreement is 25 years from the effective date. Following the expiration of the
Term, should the City elect to annex the Disannexation Property, the City shall first adopt a Municipal
Annexation Plan pursuant to Section 43.052 Local Government Code.
2.2 All notices, requests or other communications required or permitted by this Agreement shall be
writing and shall be sent by certified mail, postage prepaid,return receipt requested, and addressed to the
parties at the following addresses:
City of Round Rock Auspro Enterprises,L.P.
City Manager Michael Kleinman
221 East Main Street P.O.Box 13549
Round Rock,Texas 78664 Austin,TX 78711
Williamson County Travis County
Phone:(512)218-5401 Phone:(512)-355-1616
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2.3 This Agreement shall run with the Disannexation Property and be recorded in the Real Property
Records of Travis County,Texas.
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2.4 This Agreement may be enforced by any owner or the City by any proceeding at law or in i
equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement
thereafter.
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2.5 No subsequent change in the law regarding annexation shall affect the enforceability of this
Agreement
2.6 The venue for this Agreement shall be in Travis County,Texas.
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2.7 This Agreement may be separately executed in individual counterparts and, upon execution,
shall constitute one and the same instrument.
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Section 3.Lawsuit/Settlement
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3.1 In consideration for the acceptance of this Development Agreement and the payment by I
Owner to the City the sum of$8,252.31 in drainage utility charges in full and complete satisfaction of
all drainage utility charges related to any property described in Annexation Ordinance A-13-01-10-G4
that was at any time owned by Owner for the period prior to any disannexation thereof,the City agrees to
dismiss with prejudice the Lawsuit claims it has filed against Owner and Owner agrees to dismiss with
prejudice it's Amended Counterclaims in said Lawsuit against City including any claim for I
compensation for the taking of a portion of the Disannexation Property for Greenlawn Boulevard right-of
way with6ut compensation.
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August 16,2017
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Entered into and made effective on the date last signed by a party herein:
OWNER: o Enterprises, , a Texas L'nited Partnership
By: idwave, L
Its. General P e
Y
ch Kleinman
I anager
Date:
STATE OF TEXAS § y
COUNTY OF TRAVIS §
Before e,th undersized notary, on this day personally appeareN , the
of t �i on behalf of said company and known to me through
~ valid identifrc ti d n to Ne the person tivhose name is subscribed to the preceding instrument and
acknowledged to me that the person executed the instrument for the purposes and consideration
expressed in the.instrument.
Given under my hand and seal of office onlu 2017.
[Seal] ++A +tr
ADRIAN 6 QUTIERf�U
° c;:, NOTARY PUBLIC
�* •*6 ID#128�p5513 Notary Public, State of Texas
State of Texas
TFo �. Comm.Exp.05-18-2020
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August 16,2017
THE CIT OF RO RO K, TEXAS i
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, //n
Name: j
Title:Ma or
Date: �U•�Z-
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Attest:
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Name: 9190 (-.LN Vrik.)
Title: City Sgcr4 y
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Appr ve as to form:
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Name: L•
Title: City Attorney
(NOTARIES FOLLOW ON SEPARATE PAGES)
6
E August 16,2017
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
Before me,the undersigned notary, on this day personally appeared Craig Morgan,Mayor,
on behalf of said City and known to me through valid identification to be the person whose name
is subscribed to the preceding instrument and acknowledged to me that the person executed the
instrument for the purposes and consideration expressed in the instrument.
Given under my hand and seal of office on Q .fV1� 4. 12.. 2017.
[seal]
StYP`' BLANCA GILLIS eth,,,„ I //
Public,State of Texas
z:• �_:�, Notary
ig,'., ..4.04- Comm. Expires 03-15-2020 Notary Public in and '.r
•''',#;11,1,00 Notary ID 130582387
The State of Texas
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Exhibit A
Tract 1:
Commence at the most northerly point of Lot 1,Block A, Coil Subdivision, Travis County, Texas
according to plat recorded Volume 95,.Page 105,Travis County Plat Records, such point being also a
point on the easterly right of way line of Interstate Highway 35just south of the Travis/Williamson j
County line; i
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Thence northerly along the easterly ROW of IH 35 N 15 degrees, 23' 25"W a distance of 74.50 feet
to a point,the point of beginning ofthe tract described herein;
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Thence continuing along the easterly ROW of IH 35 N 15 degrees 23' 25" W a calculated distance
of 142.70 feet to the southwest line of Lot C of the D-K Addition according to Volume 84,Page 90
Plat Records and the most northerly point of this tract;
Thence, in a southeasterly direction along the southwest line of said Lot C, S 60 degrees 51' 25" E, a
distance of 154.63 feet to a point, said point also being along a boundary of a tract conveyed to $
AusPro Enterprises by Deed recorded at Doc.No. 2012045359, Official Records of Travis County,
Texas;
Thence in a southwesterly direction to the point of beginning and being S 58 degrees 46' 15"W a f
distance of approximately 111.22 feet.
Tract 2:
Lot 3,Block A,Coil Subdivision,Travis County,,Texas,accordingto o the plat recorded in Volume 95,
Page 105,Travis County Plat Records.
Tract 3:
Lot 4,Block A,Coil Subdivision,a plat of record in Volume 95,Page 105,Plat Records of Travis
County,Texas.
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Page 1 of 4
August 16,2017
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Exhibit A continued
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Tract 4: '
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FIELD NOTE DESCRIP'T`ION OF 3.223 ACRES OF LAND OUT OF THE WILLIAM �
BRATTON SURVEY No.103 AND THE SOCRATES)DARLING SURVEY No.102 IN i
TRAVIS COUNTY,TEXAS,BEING A PORTION OF THAT CERTAIN(19.737 ACRE)
TRACT OF LAND AS CONVEYED TO AUSPRO ENTERPRISES,L.P.BY SPECIAL I
WARRANTY DEED RECORDED IN DOCUMENT No.2012045359 OF THE OFFICIAL 1
PUBLIC RECORDS OF TRAVIS COUNTY,TEXAS,AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: I
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BEGINNING at a capped iron rod found(marked"Baker•AikleWin the South line of that I
certain(36.611 acre)tract of land as conveyed to Sun Development,Inc.by deed recorded in
Volume 12434 Page 1610 of the Real Property Records of Travis County,Texas,and in the
North line of Lot 1,Block B,Leif Johnson Subdivision,a subdivision in Travis County,Texas,
according to the map or plat thereof recorded in Document No.399900129 of the Official Public
Records.of Travis County,Texas,for the Southwest comer of that certain(12.742 acre)tract of
land as conveyed to Mitzi Evelyn Coil by Warranty Deed recorded in Volume 12806 Page 274 of
the Real Property Records of Travis County,Texas,and for the Southeast corner of that certain
(19.737 acre)tract of land as conveyed to Auspro Enterprises,L.P.by Special Warranty Deed
recorded in Document No.2012045359 of the Official Public Records of Travis County,Texas,
and being the Southeast corner and PLACE OF BEGINNING of the herein described tract of i
land,and from which a 1"iron pipe found for the Northeast corner of said Lot 1,Block B,Leif
Johnson Subdivision and for an angle corner of said Sun Development(36.611 acre)tract bears S j
89 deg.40'08"E 388.89 ft.,and also from which a V?iron rod found with a plastic cap
imprinted with"Holt Carson,Inc."in the North line of said Sun Development(36.611 acre)tract i
for the Northwest corner of said Coil(12.742 acre)tract and for the Northeast corner of said
Auspro Enterprises(19.737 acre)tract bears N 03 deg.05114"W 728.48 ft.; j
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THENCE with the common line of said Auspro Enterprises(19.737 acre)tract and said Leif
Johnson Subdivision,N 89 deg.40'08"W 1049.95 fl.to a%"iron rod found with a plastic cap I
imprinted with"Holt Carson,Inc:'for the Southwest corner of said Auspro Enterprises(19.737
acre)tract and for the Southwest corner of this tract,and from which a cotton spindle found in I
asphalt in the East right-of-way line of Interstate Highway No.35 for the Southwest comer of Lot
4,Block A,Coil Subdivision,a subdivision in Travis County,Texas,according to the map or
plat thereof recorded in Volume 95 Page 105 of the Plat Records of Travis County,Texas,bears
N 89 deg.40'08"W 300.03 ft.;
end of Page 1
Page 2 of 4
August 16,2017
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Exhibit A continued
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Page 2 of 2
3.223 ACRES
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THENCE with the cornrnon line of said Auspro Enterprises(19,737 acre)tract and said Coil
Subdivision,N 12 deg.25'49"W at 1.25 ft.passing a%"iron ivd found for ttie Southeast coiner i
of said Lot 4,Block A,Coil Subdivision,and at 149.06 ft.passing a'/z"iron rod found for the !
Southeast comer of Lot 3,Block A,Coil Subdivision,and continuing with the same bearing for a
total distance of 199.45 fl,to a point for an angle corner of that certain(21.18 acre)tract of land j
as conveyed to Whittlesey Landscape Supplies&RecycIing,Inc.by War1•anty Deed recorded in
Document No.2014161840 of the Official Public Records of Travis County,Texas,and being
Northwest corner of this tract; }
THENCE crossing the interior of said Auspro Enterprises(19.737 acre)tract with the South line
of said Whittlesey(21.18 acre)tract,the following eight(8)courses;
1)S 88 deg.54'17"E 134.29#t.to a V?iron rod found with a plastic cap imprinted with
"Holt Carson,Inc.";
2)S 74 deg.08'00"E 126.06 ft.to a'/s"iron rod found with a plastic cap imprinted with
"Holt Carson,Inc.";
3)S 77 deg.13'35"E 230.92 ft.to a'/a"iron rod found with a plastic cap imprinted with
"Holt Carson,Inc.";
4)S 85 deg.39'00"E 319.74 ft.to a'h"iron rod found with a plastic cap imprinted with
"Holt Carson,Inc."; f
5)N 02 deg.21'20"E 39.32 ft.to a'h"iron rod found with a plastic cap impriated with
"Dolt Cat-son,Inc.";
6)S 84 deg.4735"E 81.95 f1.to a`/2'iron rod found with a plastic cap imprinted with
"Holt Carson,Inc.";
7)S 15 deg.00'E 41.00 ft,to a%"iron rod found with a plastic cap imprinted with
"Holt Carson,Inc."for a non-tangent point of curvature;
8)along a curve to the left with a radius of 954.41 ft.for an arc length of 214.28 ft.and
Which chord bears N 62 deg.33'40"E 213.83 ft.to a point in the East line of said i
Auspro Enterprises(19.737 acre)tract and in the West line of said Mitzi Evelyn
Coil(12.742 acre)tract for the South corner of that certain(3.21 acre)tract of land
as conveyed to Auspro Enterprises,L.P.by said Special Warranty Deed recorded
in Document No.2012045359 of the Official Public Records of Travis County,
Texas,and being the Northeast comer of this tract; `
T14ENCE with the East line of said Auspro Enterprises(19.737 acre)tract,S 03 deg.OS'14"E
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179.54 ft.to the PLACE OF BEGINNING,containing 3.223 acres of land.
PREPARED:June 6,2017
HO �LT CARSON G
;•o5166 Q,;
Holt Cat-son •,9
Registered Professional Land Surveyor No.51665 ��0�'
NO Sufi' 1
ref-943032
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Page 3 of 4
August 16,2017
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STATE OF TEXAS §
COUNTY OF TRAVIS §
CITY OF CITY OF ROUND ROCK, §
TEXAS §
CHAPTER 43 TEXAS LOCAL GOVERNMENT CODE
DEVELOPMENT AGREEMENT
This Agreement is entered into under authority granted to Municipalities by Sections 43.056 and
43.142 of the Texas Local Government Code, by and between the City of Round Rock, Texas (the
"City") and Auspro Enterprise, LP, the undersigned property owner (the "Owner"). The term
"Owner" includes all owners of the Property.
WHEREAS, the Owner owns a parcel of real property (the "Property") in Travis County, Texas,
which is more particularly described in Exhibit"A" attached hereto; and
WHEREAS, the Property was part of a 14.78 acre Annexation into the full purpose corporate limits
of the City of Round Rock on January 24, 2013 by Ordinance No.A-13-01-10-G4; and
WHEREAS, a portion of said 14.78 acre annexation property was subsequently sold by Owner to
Wittlesey Landscape Supplies. The Property described in Exhibit A is the remainder of the 14.78
acres which is currently owned by Owner; and
WHEREAS, the City has filed a lawsuit for damages for nonpayment by Owner of Municipal
drainage utility charges in Cause No. C-1-CV-16-004038 and styled City of Round Rock, Texas,
Plaintiff vs. Auspro Enterprises, LP, Defendant, in the County Court of Law Number 2, in and for
Travis County, Texas(the"Lawsuit"); and
WHEREAS, the Owner has counter claimed against the City in the Lawsuit for taking of property
owned by Owner for Greenlawn Boulevard without compensation in violation of Texas Constitution
Article I, Section 17 and for breach of the City's Covenant of the Service Plan adopted in the
Ordinance of Annexation A-13-01-10-G4; and
WHEREAS, pursuant to City of Round Rock Code of Ordinances Section 1.04, the City desires to
disannex the Property because the Property is not presently suitable or necessary for City purposes;
and
WHEREAS, this Agreement is entered into pursuant to authority granted to the City under Sections
43.056 and 43.142 of the Texas Local Government Code, in order to effect the disannexation of the
Property and to compromise and settle all claims by each party against the other relating to the
Property and as described in the aforementioned Lawsuit; and
WHEREAS, the Owner and the City acknowledge that this Agreement is binding upon the City and the
Owner and their respective successors and assigns; and
WHEREAS, this Development Agreement is to be recorded in the Real Property Records of Travis
County,Texas at the expense of the City.
1
August 16,2017
NOW, THEREFORE, in consideration of the mutual covenants contained herein,the parties hereto
agree as follows:
Section 1. Disannexation from Corporate Limits and Continuance of Extraterritorial
Jurisdiction Status.
1.1 The City agrees to immediately disannex the Property described in Exhibit A, attached
hereto and incorporated herein by reference (the Disannexation Property) and agrees not to reannex
the Property involuntarily during the term of this Agreement.
1.2 The City shall be relieved of all obligations and covenants of the Annexation Service Plan
with respect to the Disannexation Property effective immediately.
1.3 The City shall not be obligated to refund to Owner of the Disannexation Property money
collected by the City from the Owner for taxes or for services to the Disannexation Property that were not
provided.
1.4 Owner acknowledges that the disannexation of the Disannexation Property shall have no effect
on the City's Extraterritorial Jurisdiction (ETJ) authority and that the Disannexation Property shall
continue to be subject to the City's subdivision regulation authority and sign ordinance authority, and any
other ordinances applicable within the City of Round Rock ETJ in accordance with State law.
1.5 Owner agrees that the permitted uses on the Disannexation Property shall be limited to those
uses described in Section 46-142 of the Round Rock,Texas Code of Ordinances as follows:
Activity centers, children's; community services; daycare; funeral home; government facilities;
gymnasiums/sports training facilities; kennel, indoor; office; overnight accommodations; park,
community; park, linear/linkage; park, neighborhood; place of worship; school: business, trade
and post-secondary educational facilities; small animal grooming facility; veterinary clinic,
small animals; eating establishments; office, medical; upper-story residential; retail sales and
services; school,primary/secondary,private.
1.6 Owner acknowledges and agrees that all building improvements henceforth shall be made in
accordance with uniform building, fire, electrical, plumbing, and mechanical codes promulgated by
recognized national code organizations and adopted by the City of Round Rock, and that all such
construction work shall be inspected for compliance with such applicable codes by qualified third-party
inspectors hired by Owner All inspection reports related to the Property shall be made available for
inspection by the City upon request. The City shall have no jurisdiction to require construction permits
issued by the City, but may demand copies of inspection reports from Owner to verify compliance with
the Code requirements described herein
1.7 The owner agrees that all commercial development on the Disannexation Property shall be
subject to the following general commercial building standards:
1. Exterior wall finish. The building materials of a project shall be durable, require low
maintenance, and be of the same or higher quality as surrounding developments.
a. For all buildings, except for concrete tilt-wall construction:
1. At least 75 percent of the total exterior wall finish, except for doors, windows,
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August 16,2017
and trim, shall be natural stone, simulated stone, brick, stone-face or split-face concrete
masonry unit(CMU);and
2. No more than 25 percent may consist of stucco, fiber cement siding,
architectural steel or metal, CMU other than split-face or stone-face, or glass with steel
framing, except as modified by subsection f.below.
b. For buildings utilizing concrete tilt-wall construction:
1. At least 75 percent of the total exterior wall finish, except for doors, windows,
and trim, shall be natural stone, simulated stone, brick, stone-face or split-face concrete
masonry unit(CMU), or stucco; and
2. No more than 25 percent may consist of fiber cement siding, architectural steel
or metal, CMU other than split-face or stone-face, or glass with steel framing, except as
modified by subsection f.below.
c. All CMU shall have an ashlar pattern.
d. Where stucco exceeds 75 percent of the total exterior wall finish, a minimum
four-foot wainscot of stone, simulated stone, or brick shall be incorporated.
e. Glass with steel framing shall not exceed 25 percent of the total exterior wall
finish for buildings less than three stories tall. Buildings that are three stories or taller
may consist of a maximum 50 percent glass with steel framing.
2. Exterior color. Day-Glo, luminescent, neon, or similar types of color finishes are
prohibited.
3. Glass. Except for photovoltaic cells, mirrored glass with a reflectivity of 20 percent or
more is not permitted on the exterior walls and roofs of all buildings and structures.
4. Orientation requirements. Building elevations that directly face a public street shall
have at least 15 percent of the wall facing the street consist of windows and/or pedestrian
entrance areas.
5. Building elevation variation. The following regulations shall apply to the primary
facade and all building elevations facing a public street(right-of-way):
a. Changes in wall planes shall be provided with a minimum depth of 12 inches at
intervals of not more than 80 feet.A depth of 24 inches is recommended.
b. Building elevations shall include a change in color, texture, and/or exterior wall
finish material at horizontal intervals of not more than 80 feet.
c. Building elevations shall include vertical articulation by means of a minimum of
one change in color, texture, and/or exterior wall finish material for any structure
exceeding 20 feet in height.
6. Roofing materials. Roofing materials for pitched roofs shall consist of 25-year
architectural dimensional shingles, tile (clay, cement, natural or simulated stone), non-reflective
prefinished metal, or reflective metal such as copper or other similar metals as approved by the
zoning administrator.
1.8 Prior to beginning any improvements on the Property, Owner agrees to notify the City of the
scope of work by delivering copies of all permits required by Travis County, or other regulatory agencies,
for the construction of the improvements..
1.9 Owner shall correct any deficiencies found by the third-party code inspector within a reasonable
amount of time or as provided by applicable codes,rules,regulations,and/or statutes.
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August 16,2017
Section 2. Term/Miscellaneous
2.1 The Term of this Agreement is 25 years from the effective date. Following the expiration of the
Term, should the City elect to annex the Disannexation Property, the City shall first adopt a Municipal
Annexation Plan pursuant to Section 43.052 Local Government Code.
2.2 All notices, requests or other communications required or permitted by this Agreement shall be
writing and shall be sent by certified mail, postage prepaid, return receipt requested, and addressed to the
parties at the following addresses:
City of Round Rock Auspro Enterprises,L.P.
City Manager Michael Kleinman
221 East Main Street P.O.Box 13549
Round Rock,Texas 78664 Austin,TX 78711
Williamson County Travis County
Phone:(512)218-5401 Phone:(512)-355-1616
2.3 This Agreement shall run with the Disannexation Property and be recorded in the Real Property
Records of Travis County, Texas.
2.4 This Agreement may be enforced by any owner or the City by any proceeding at law or in
equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement
thereafter.
2.5 No subsequent change in the law regarding annexation shall affect the enforceability of this
Agreement
2.6 The venue for this Agreement shall be in Travis County,Texas.
2.7 This Agreement may be separately executed in individual counterparts and, upon execution,
shall constitute one and the same instrument.
Section 3.Lawsuit/Settlement
3.1 In consideration for the acceptance of this Development Agreement and the payment by
Owner to the City the sum of$8,252.31 in drainage utility charges in full and complete satisfaction of
all drainage utility charges related to any property described in Annexation Ordinance A-13-01-10-G4
that was at any time owned by Owner for the period prior to any disannexation thereof,the City agrees to
dismiss with prejudice the Lawsuit claims it has filed against Owner and Owner agrees to dismiss with
prejudice it's Amended Counterclaims in said Lawsuit against City including any claim for
compensation for the taking of a portion of the Disannexation Property for Greenlawn Boulevard right-of
way without compensation.
4
August 16,2017
Entered into and made effective on the date last signed by a party herein:
OWNER: . 'o Enterprises, a Texas Limited Partnership
By . idwave, L ► e `
Its.General P e, 1„,,,,
By:' -0 ii„-t
,
::), '"' h Kleinman
I anager
Date: ,,,d /
tiliv
STATE OF TEXAS § a
COUNTY OF TRAVIS § ,\..! , \''‘8\ \----
moi
A
1 h
1'r` ' Before e, the undersigned notary, on this day personally appease , the
of 0 ./1on behalf of said company and known to me through
valid identific ti n to e the person whose name is subscribed to the preceding instrument and
()PSI-4 acknowledged to me that the person executed the instrument for the purposes and consideration
expressed in the instrument.
-`''
Given under my hand and seal of office on /� ytA F t$ 2017.
[Seal] un En Firl //J
6A1--........„..s_
:i°: '•�,•:• NOTARY PUBLIC
*: :*: ID#128905513 Notary Public, State of Texas
'•° _Ar' State of Texas
%:.ToFj ` Comm.Exp.05-18-2020
5
August 16,2017
THE CIT OF ROUN 10 ROCK, TEXAS
Name .
: i 4 i ,i / 14
Title:Ma or
Date:
Attest:
Name 4"., ' i„,-..tAl fri.1
Title: City Stacy;
Appr3vea as to form:
/
, .......„ ,.,,. N :--- ,, •
Name:
Title: City AtIorney
(NOTARIES FOLLOW ON SEPARATE PAGES)
6
August 16,2017
1
1
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
Before me, the undersigned notary, on this day personally appeared Craig Morgan, Mayor,
on behalf of said City and known to me through valid identification to be the person whose name
is subscribed to the preceding instrument and acknowledged to me that the person executed the
instrument for the purposes and consideration expressed in the instrument.
Given under my hand and seal of office on 1►. "` 2017.
[seal]
BLANCA GILLIS0,
.�a ��'•�� Notary Public,State of Texas
= Comm. Expires 03-15-2020
r4 ., •�P. Notary Public in and t�+r
Notary ID 130582387 The State of Texas
7
Exhibit A
Tract 1:
Commence at the most northerly point of Lot 1,Block A, Coil Subdivision, Travis County, Texas
according to plat recorded Volume 95,Page 105,Travis County PIat Records, such point being also a
point on the easterly right of way line of Interstate Highway 35 just south of the Travis/Williamson
County line;
Thence northerly along the easterly ROW of IH 35 N 15 degrees, 23' 25"W a distance of 74.50 feet
to a point,the point of beginning of the tract described herein;
Thence continuing along the easterly ROW of IH 35 N 15 degrees 23' 25" W a calculated distance
of 142.70 feet to the southwest line of Lot C of the D-K Addition according to Volume 84, Page 90
Plat Records and the most northerly point of this tract;
Thence, in a southeasterly direction along the southwest fine of said Lot C, S 60 degrees 51' 25" E, a
distance of 154.63 feet to a point, said point also being along a boundary of a tract conveyed to
AusPro Enterprises by Deed recorded at Doc.No, 2012045359, Official Records of Travis County,
Texas;
Thence in a southwesterly direction to the point of beginning and being S 58 degrees 46' 15"W a
distance of approximately 111.22 feet.
Tract 2:
Lot 3 Block A Coil Subdivision Travis Coun Texas accordin_to the plat recorded in Volume 95,
Page 105,Travis County Plat Records.
Tract 3:
Lot 4,Block A, Coil Subdivision, a plat of record in Volume 95,Page 105,Plat Records of Travis
County, Texas.
Page 1 of 4
August 16,2017
Exhibit A continued
Tract 4:
FIELD NOTE DESCRIPTION OF 3.223 ACRES OF LAND OUT OF THE WILLIAM
BRATTON SURVEY No.103 AND THE SOCRATES DARLING SURVEY No,102 IN
TRAVIS COUNTY,TEXAS,BEING A PORTION OF THAT CERTAIN(19,737 ACRE)
TRACT OF LAND AS CONVEYED TO AUSPRO ENTERPRISES,L.P.BY SPECIAL
WARRANTY DEED RECORDED IN DOCUMENT No.2012045359 OF THE OFFICIAL
PUBLIC RECORDS OF TRAVIS COUNTY,TEXAS,AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a capped iron rod found(marked"Baker-Aiklen")in the South line of that
certain(36.611 acre)tract of land as conveyed to Sun Development,Inc.by deed recorded in
Volume 12434 Page 1610 of the Real Property Records of Travis County,Texas,and in the
North line of Lot I,Block B,Leif Johnson Subdivision,a subdivision in Travis County,Texas,
according to the map or plat thereof recorded in Document No.199900129 of the Official Public
Records of Travis County,Texas,for the Southwest corner of that certain(12.742 acre)tract of
land as conveyed to Mitzi Evelyn Coil by Warranty Deed recorded in Volume 12806 Page 274 of
the Real Property Records of Travis County,Texas,and for the Southeast corner of that certain
(19.737 acre)tract of land as conveyed to Auspro Enterprises,L.P.by Special Warranty Deed
recorded in Document No.2012045359 of the Official Public Records of Travis County,Texas,
and being the Southeast corner and PLACE OF BEGINNING of the herein described tract of
land,and from which a 1"iron pipe found for the Northeast corner of said Lot 1,Block B,Leif
Johnson Subdivision and for an angle corner of said Sun Development(36.611 acre)tract bears S
89 deg.40'08"E 388.89 ft.,and also from which a''/z"iron rod found with a plastic cap
imprinted with"Holt Carson,Inc."in the North line of said Sun Development(36.611 acre)tract
for the Northwest corner of said Coil(12.742 acre)tract and for the Northeast corner of said
Auspro Enterprises(19.737 acre)tract bears N 03 deg.05'14"W 728.48 ft.;
THENCE with the common line of said Auspro Enterprises(19.737 acre)tract and said Leif
Johnson Subdivision,N 89 deg.40'08"W 1049.95 ft.to a'1a"iron rod found with a plastic cap
imprinted with"Holt Carson,Inc."for the Southwest corner of said Auspro Enterprises(19.737
acre)tract and for the Southwest corner of this tract,and from which a cotton spindle found in
asphalt in the East right-of-way line of Interstate Highway No.35 for the Southwest corner of Lot
4,Block A,Coil Subdivision,a subdivision in Travis County,Texas,according to the map or
plat thereof recorded in Volume 95 Page 105 of the Plat Records of Travis County,Texas,bears
N 89 deg.40'08"W 300.03 ft.;
end of Page 1
Page 2 of 4
August 16,2017
Exhibit A continued
Page 2 of 2
3.223 ACRES
THENCE with the common line of said Auspro Enterprises(19.737 acre)tract and said Coil
Subdivision,N 12 deg.25'49"W at 1.25 ft.passing a%'iron rod found for the Southeast corner
of said Lot 4,Block A,Coil Subdivision,and at 149.06 ft.passing a'h"iron rod found for the
Southeast corner of Lot 3,Block A,Coil Subdivision,and continuing with the same bearing for a
total distance of 199.45 fl.to a point for an angle corner of that certain(21.18 acre)tract of land
as conveyed to Whittlesey Landscape Supplies&Recycling,Inc.by Warranty Deed recorded in
Document No.2014161840 of the Official Public Records of Travis County,Texas,and being
Northwest corner of this-tract;
THENCE crossing the interior of said Auspro Enterprises(19.737 acre)tract with the South line
of said Whittlesey(21.18 acre)tract,the following eight(8)courses;
I)S 88 deg.54'17"E 134,29 ft.to a W'iron rod found with a plastic cap imprinted with
"Holt Carson,Inc.";
2)S 74 deg.08'00"E 126.06 ft.to a'/2"iron rod found with a plastic cap imprinted with
"Holt Carson,Inc.";
3)S 77 deg.13'35"E 230.92 ft.to a'/2"iron rod found with a plastic cap imprinted with
"Holt Carson,Inc.";
4)S 85 deg.39'00"E 319.74 ft.to a%'iron rod found with a plastic cap imprinted with
"Holt Carson,Inc.";
5)N 02 deg.21'20"E 39.32 ft.to a''/2"iron rod found with a plastic cap imprinted with
"Holt Carson,Inc.";
6)S 84 deg.47'35"E 81.95 ft.to aVi"iron rod found with a plastic cap imprinted with
"Holt Carson,Inc.";
7)S 15 deg.00'E 41.00 ft.to a''/x"iron rod found with a plastic cap imprinted with
"Holt Carson,inc."for a non-tangent point of curvature;
8)along a curve to the left with a radius of 954.41 ft.for an arc length oft 14.28 ft.and
which chord bears N 62 deg.33'40"E 213.83 ft.to a point in the East line of said
Auspro Enterprises(19.737 acre)tract and in the West line of said Mitzi Evelyn
Coil(12.742 acre)tract for the South corner of that certain(3.11 acre)tract of land
as conveyed to Auspro Enterprises,L.P.by said Special Warranty Deed recorded
in Document No.2012045359 of the Official Public Records of Travis Count}',
Texas,and being the Northeast corner of-this tract;
THENCE with the East line of said Auspro Enterprises(19.737 acre)tract,S 03 deg.05'14"E
179.54 ft.to the PLACE OF BEGINNING,containing 3.223 acres of land.
•
40•Q, o
PREPARED:June 6,2017
• HOLT CARSON,,,
'.' 6166
Holt Carson •9
Registered Professional Land Surveyor No.5166 NoAID some;
r� •
ref.943032
Page 3 of 4
August 16,2017
Exhibit A continued
Plot map of Tract1,2,3^and 4
,_-_______-__—___'__'....____________ ____ _
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FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
Page 4 of 4 DANA DEBEAUVO|R, COUNTY CLERK 1
TRAVIS COUNTY, TEXAS '
August16,2017 OF )
~ October 182O171O:2SAM