O-2017-4845 - 10/12/2017 ORDINANCE NO. 0-2017-4845
AN ORDINANCE PROVIDING FOR THE DISANNEXATION FROM THE
CORPORATE BOUNDARIES OF THE CITY OF ROUND ROCK, TEXAS,
SEVERAL TRACTS OF LAND; CONTAINING CERTAIN FINDINGS; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Auspro Enterprise, LP (the "Owner") owns a parcel of real property
(the "Property") in Travis County, Texas, which is more particularly described and shown
on Exhibits "A" and "B" 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 Whittlesey Landscape Supplies & Recycling, Inc. The Property
described in Exhibits "A" and "B" 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, Texas Local Government Code Section 43.142 provides that a home-
rule municipality may disannex an area in the municipality according to the rules as may
0112.1704;00386999
be provided by the charter of the municipality and not inconsistent with the procedural
rules prescribed by Chapter 43; and
WHEREAS, the City and Owner have reached an agreement settling the Lawsuit
which will be recorded in a form substantially similar to the form attached hereto as Exhibit
"C;" and
WHEREAS, Section 1.04 of the City Charter provides that the City may disannex
uninhabited territory by ordinance; and
WHEREAS, the territory to be disannexed is described in Exhibits "A" and "B"
which are attached hereto and incorporated herein for all purposes, save and except any
portion of the described property in the right-of-way of Greenlawn Boulevard; and
WHEREAS, the City Council finds and determines that all the requisites for
disannexation pursuant to the applicable provisions of the Texas Local Government Code
and the Home Rule Charter of the City of Round Rock have been followed; and
WHEREAS, Owner acknowledges and City Council finds that the City shall not be
required to refund any taxes or fees to Owner; and
WHEREAS, the City Council finds that the territory described in Exhibits "A" and
"B" is not suitable or necessary for City purposes; and
WHEREAS, the City Council finds that the territory to be disannexed does not
include the disannexation of a road or highway, including the right-of-way of Greenlawn
Boulevard; and
WHEREAS, the City Council finds and determines that the disannexation of the
territory described in Exhibits "A" and "B" is necessary and appropriate and in the best
interests of the City, Now Therefore
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS, THAT:
1.
SECTION 1. The above findings are hereby incorporated for all purposes as if
each word was set out herein, including all exhibits.
SECTION 2. As of the effective date of this Ordinance, the land and territory
shown on Exhibits "A" and "B" save and except any described property located in the
Greenlawn Boulevard right-of-way is hereby disannexed from the corporate limits of the
City of Round Rock, Texas, and said territory as described shall hereafter be removed
from the boundary limits of said City, and the present boundary limits of said City are
altered and amended so as to remove the territory from the corporate limits of the City of
Round Rock, Texas.
SECTION 3. As of the effective date of this Ordinance, the land and territory so
described and so amended shall no longer be part of the City of Round Rock, Texas, and
the land and territory shall no longer bear any of the taxes levied by the City of Round
Rock, Texas, and the future inhabitants thereof shall no longer be entitled to any rights or
privileges as citizens. The City shall not refund any taxes or fees to Owner.
SECTION 4. The land and territory shown on Exhibits "A" and "B" shall remain in
the extraterritorial jurisdiction of the City of Round Rock and shall be subject to all
ordinances and statutes that apply in the extraterritorial jurisdiction of the City.
Additionally, the said land and territory are subject to the covenants, restrictions,
regulations and land uses set forth in the Development Agreement attached hereto as
Exhibit "C."
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SECTION 5. The City Clerk is hereby authorized and directed to cause a certified
copy of this Ordinance to be delivered to the County Clerk of Travis County, Texas, as
required by Section 41.0015 of the Texas Local Government Code.
SECTION 6. This Ordinance shall be effective immediately from and after
passage.
II.
A. All ordinances, parts of ordinances, or resolutions in conflict herewith are
expressly repealed.
B. The invalidity of any section or provision of this Ordinance shall not
invalidate other sections or provisions thereof.
C. The City Council hereby finds and declares that written notice of the date,
hour, place and subject of the meeting at which this Ordinance was adopted was posted
and that such meeting was open to the public as required by law at all times during which
this Ordinance and the subject matter hereof were discussed, considered and formally
acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government
Code, as amended.
Alternative 1.
By motion duly made, seconded and passed with an affirmative vote of all the
Council members present, the requirement for reading this ordinance on two separate
days was dispensed with.
READ PASSED, and ADOPTED on first reading this day of
12017.
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Alternative 2.
READ and APPROVED on first reading this the day of
, 2017.
READ, APPROVED and ADOPTED on second reading this the day of
, 2017.
CRAIG M RGAN, or
City of Round Rock, exas
ATTEST:
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SARA L. WHITE, City Clerk
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Exhibit A
E' Tract 1:
' Commence at the most northerly point of Lot 1,Block A, Coil Subdivision, Travis County, Texas
is 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 35 just south of the Travis/Williamson
County line;
Thence northerly along the easterly ROW of IH 35N 15 degrees, 23' 25"W a distance of 74.50 feet
to a point,the point of beginning of the 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
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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
distance of approximately 111.22feet.
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Tract 2:
Lot 32 Block ACoil Subdivision, Travis Count Texas, according to the plat recorded in Volume 95,.,
Page 105,Travis County Plat Records.
Tract 3:
Lot 4,Block A, Coil Subdivision, a1_p at of Kecoi d in Volume 952 Page105,,,,at Records of T�•avis
County,Texas.
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Exhibit A continued
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Tract 4:
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A
FIELD NOTE DESCRIPTION OF 3.223 ACRES OF LAND OUT OF THE WILLIAM
BRATTON SURVEY No.103 AND THE SOCRATES DARLING SUR'VE'Y No.102 XN
` TRAVIS COUNTY,TEXAS,BEING A PORTION OF THAT CERTAIN(19,737 ACRE)
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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
OLLOWS.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 1,Block B,Leif Johnson Subdivision,a subdivision in Travis County,Texas,
according to the map or plat thereof recorded in Document No.199900129 ofthe 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 heal Property Records of Travis County,Texas,and for the Southeast comer ofthat 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 comer 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.40108"E 388.89 ft.,and also from which a W iron rod found with a plastic cap
imprinted with"Flolt Carson,Inc."in the North Iine 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 YV iron rod found with a plastic cap
imprinted with"Holt Carson,Inc."for the Southwest comer 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 Soutbwest comer of Lot
4,Block A,Coil Subdivision,a subdivision in Travis County,Texas,according to the reap 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 R.;
end of Page I
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!' Exhibit A continued
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Page 2 of
3.223 ACRES
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THENCE with the common lime of said Auspro Enterprises(19.737 acre)tact and said Coil
Subdivision,N 12 deg.25'49"W at 1.25 ft.passing a%z"iron rod found for the Southeast corner
of said Lot 4,Block A,Coil Subdivision,and at 949.06 ft.passing a'/:"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 ft.to a point for an angle coiner of that certain(21.18 acre)tract of land
as conveyed to Whittlesey Landscape Supplies&Recycling,Inc.by Wananty Deed recorded in
Document No.2014161840 of the Official Public Records of Travis County,Texas,and being
E Northwest comer of this tract;
7HENCE crossing t)te 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;
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1)S 88 deg.54'17"E 134.29 11.to a W iron rod found with a plastic cap imprinted with
"Holt Carson,Inc.";
2)S 74 deg.08'00"E 126,06 R,to a'/z"iron rod found with aplastic cap imprinted with
"Holt Carson,Inc.";
3)S 77 deg.13'35"E 230.92 R.to a'/z"iron rod found with a plastic cap imprinted with
"Holt Carson,Inc.",-
4)
nc.";4)S 85 deg.39'00"E 319.74 ft.to a%z°iron rod found with a plastic cap imprinted with
"Holt Carson,Inc.";
5)N 02 deg,2 P2011 E 39.32 ft.to a V iron rod found with a plastic cap imprinted with
`Tlolt Carson,Inc.';
6)S 84 deg.47'35"E 81.95 ft.to a'h"iron rod found with a plastic cap imprinted with
"Holt Carson,Inc.",
7)S 15 deb.WE 41.00 f3.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 lcft 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
Auspro Enterprises(19.737 acre)tract and in the West line of said Mitzi Evelyn
Coil(12.742 acre)tact for the South corner of that certain(3.11 acre)tract of land
as conveyed to Auspro Enterprises,LR by said Special Warrarity Deed recorded
in Document No.2012045359 of the Official Publio Records of Travis County,
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 fire PLACE OF BEGINNING,containing 3.223 acres of land. r
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PREPARED.June 6,2017 .;.. .. .. ,a
HOLT CARSON,.
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Holt Carson ,9
Registered Profcssionai Land Surveyor No.5166 ��s��°i
reF.943032
Exhibit B
Plotmaip of Tracts 1,2,3,and 4
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Exhibit"C"
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STATE OF TEXAS § II'
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COUNTY OF TRAVIS §
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CITY OF CITY OF ROUND ROCK, j
E TEXAS § !
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CHAPTER 43 TEXAS LOCAL GOVERNMENT CODE
DEVELOPMENT AGREEMENT
i 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.
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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 061-porate 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.
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NOW, THEREFORE, in consideration of the mutual covenants contained herein,the parties hereto
agree as follows:
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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.
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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, j
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{ 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.
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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:
I. At least 75 percent of the total exterior wall finish, except for doors, windows,
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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:
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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.
x 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
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more is not permitted on the exterior walls and roofs of all buildings and structures.
I 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. 'l'he 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, file (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 rcasonable
amount of time or as provided by applicable codes,rules,regulations,and/or statutes.
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' Section 2.Term/Miscellaneous
i' 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.
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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
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parties at the following addresses:
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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.
Notwithstanding any language to the contrary in Section 1.1 describing the Disannexation
Property,Owner and City acknowledge and agree that Tract 4 of the Disannexation Property shall
not include any portion of said described Tract that lies within the right-of-way of Greenlawn
Boulevard.
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Entered into and made effective on the date last signed by a party herein:
OWNER: Auspro Enterprises,LP, a Texas Limited Partnership
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Its:General Partner
By:
Michael Kleinman
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Its:Manager
Date:
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k STATE OF TEXAS §
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COUNTY OF TRAVIS §
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Before me, the undersigned notary, on this day personally appeared , the
of _, on behalf of said company 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
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expressed in the instrument.
Given under my hand and seal of office on __ 2017.
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(Seal)
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Notary Public, State
of Texas
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THE CITY OF ROUND ROCK, TEXAS
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SzS:
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Name:
F Title: Mayor
Date:
Attest:
} Name:
Tide: City Secretary
Approved as to foam:
Name:
Title: City Attorney
(NOTARIES FOLLOW ON SEPARATE PAGES)
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ELECTRONICALLY RECORDED 2017167566
TRV 16 PGS
THE STATE OF TEXAS
COUNTY OF TRAVIS
CITY OF ROUND ROCK *
I, SARA L. WHITE, City Clerk of the City of Round Rock, Texas, do hereby certify that I am
the custodian of the public records maintained by the City of Round Rock and the attached is a
true and correct copy of Ordinance No. 0-2017-4845 which disannexes certain property owned
by Auspro Enterprise, LP. This ordinance was approved and adopted at a regular meeting held
by the City Council on the 12th day of October 2017 and recorded in the City Council minute book
no. 61.
CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 19th day of
October 2017.
< F ® .
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SARA L. WHITE, TRMC, City Clerk
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ORDINANCE NO. 0-2017-4845
AN ORDINANCE PROVIDING FOR THE DISANNEXATION FROM THE
CORPORATE BOUNDARIES OF THE CITY OF ROUND ROCK, TEXAS,
SEVERAL TRACTS OF LAND; CONTAINING CERTAIN FINDINGS; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Auspro Enterprise, LP (the "Owner") owns a parcel of real property
(the "Property") in Travis County, Texas, which is more particularly described and shown
on Exhibits "A" and "B" 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 Whittlesey Landscape Supplies & Recycling, Inc. The Property
described in Exhibits "A" and "B" 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, Texas Local Government Code Section 43.142 provides that a home-
rule municipality may disannex an area in the municipality according to the rules as may
0112.1701;00386999
be provided by the charter of the municipality and not inconsistent with the procedural
rules prescribed by Chapter 43; and
WHEREAS, the City and Owner have reached an agreement settling the Lawsuit
which will be recorded in a form substantially similar to the form attached hereto as Exhibit
"C;" and
WHEREAS, Section 1.04 of the City Charter provides that the City may disannex
uninhabited territory by ordinance; and
WHEREAS, the territory to be disannexed is described in Exhibits "A" and "B"
which are attached hereto and incorporated herein for all purposes, save and except any
portion of the described property in the right-of-way of Greenlawn Boulevard; and
WHEREAS, the City Council finds and determines that all the requisites for
disannexation pursuant to the applicable provisions of the Texas Local Government Code
and the Home Rule Charter of the City of Round Rock have been followed; and
WHEREAS, Owner acknowledges and City Council finds that the City shall not be
required to refund any taxes or fees to Owner; and
WHEREAS, the City Council finds that the territory described in Exhibits "A" and
"B" is not suitable or necessary for City purposes; and
WHEREAS, the City Council finds that the territory to be disannexed does not
include the disannexation of a road or highway, including the right-of-way of Greenlawn
Boulevard; and
WHEREAS, the City Council finds and determines that the disannexation of the
territory described in Exhibits "A" and "B" is necessary and appropriate and in the best
interests of the City, Now Therefore
2
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS, THAT:
SECTION 1. The above findings are hereby incorporated for all purposes as if
each word was set out herein, including all exhibits.
SECTION 2. As of the effective date of this Ordinance, the land and territory
shown on Exhibits "A" and "B" save and except any described property located in the
Greenlawn Boulevard right-of-way is hereby disannexed from the corporate limits of the
City of Round Rock, Texas, and said territory as described shall hereafter be removed
from the boundary limits of said City, and the present boundary limits of said City are
altered and amended so as to remove the territory from the corporate limits of the City of
Round Rock, Texas.
SECTION 3. As of the effective date of this Ordinance, the land and territory so
described and so amended shall no longer be part of the City of Round Rock, Texas, and
the land and territory shall no longer bear any of the taxes levied by the City of Round
Rock, Texas, and the future inhabitants thereof shall no longer be entitled to any rights or
privileges as citizens. The City shall not refund any taxes or fees to Owner.
SECTION 4. The land and territory shown on Exhibits "A" and "B" shall remain in
the extraterritorial jurisdiction of the City of Round Rock and shall be subject to all
ordinances and statutes that apply in the extraterritorial jurisdiction of the City.
Additionally, the said land and territory are subject to the covenants, restrictions,
regulations and land uses set forth in the Development Agreement attached hereto as
Exhibit "C."
3
SECTION 5. The City Clerk is hereby authorized and directed to cause a certified
copy of this Ordinance to be delivered to the County Clerk of Travis County, Texas, as
required by Section 41.0015 of the Texas Local Government Code.
SECTION 6. This Ordinance shall be effective immediately from and after
passage.
II.
A. All ordinances, parts of ordinances, or resolutions in conflict herewith are
expressly repealed.
B. The invalidity of any section or provision of this Ordinance shall not
invalidate other sections or provisions thereof.
C. The City Council hereby finds and declares that written notice of the date,
hour, place and subject of the meeting at which this Ordinance was adopted was posted
and that such meeting was open to the public as required by law at all times during which
this Ordinance and the subject matter hereof were discussed, considered and formally
acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government
Code, as amended.
Alternative 1.
By motion duly made, seconded and passed with an affirmative vote of all the
Council members present, the requirement for reading this ordinance on two separate
days was dispensed with.
READ, PASSED, and ADOPTED on first reading this (Z `' day of
afh/P-412' , 2017.
4
Alternative 2.
READ and APPROVED on first reading this the day of
, 2017.
READ, APPROVED and ADOPTED on second reading this the day of
, 2017.
CRAIG MORGAN, 1'4e6r
City of Round Rock,Texas
ATTEST:
4111
SARA L. WHITE, City Clerk
5
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 35 just south of the Travis/Williamson
County line;
Thence northerly along the easterly ROW of IH 35N 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 II:I 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
distance of approximately 11.1.22 feet.
Tract 2:
Lot 3Block A, Coil Subdivision, Travis County, Texas according 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.
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(19.731 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,Bock 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'A"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 19 deg.40'08"W 1049.95 ft.to a'A"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 10 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
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''A"iron rod found for the Southeast corner
of said Lot 4,Block A,Coil Subdivision,and at 149.06 ft.passing a''4 iron rod found for the
Southeast corner of Lot 3,Block A,Coil Subdivision,and continuing with the sante bearing for a
total distance of 199.45 ft.to a point for an angle comer of that certain(21.18 acre)tract of land
as conveyed to Whittlesey Landscape Supplies Be 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;
1)S 88 deg.54'17"E 134.29 II.to a Vs'iron rod found with a plastic cap imprinted with
"Holt Carson,Inc.";
2)S 74 deg,08'00"E 126.06 ft.to a''A"iron rod found with a plastic cap imprinted wills
"Holt Carson,Inc.";
3)S 77 deg.13'35"E 230.92 ft.to a'A"iron rod found with a plastic cap imprinted whit
"Holt Carson,Inc.";
4)S 85 deg.39'00"E 319.74 ft.to a'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'A"iron rod found with a plastic cap imprinted with
"Halt Carson,inc.";
6)S 84 deg.47'35"E 81.95 fl.to a'A"iron rod found with a plastic cap imprinted with
"Holt Carson,Inc"
7)S 15 deg.00'E 41.00 ft.to a'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 It.for an arc length of 214.28 ft.and
which chord bears N 62 deg.33'40"l: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 Smith corner of that certain(3-1 l 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 corner of this tract;
THENCE with the East line of said Auspra Enterprises(19.737 acre)tract,S 03 deg.05'14"13
179.54 ft.to tire PLACE OF BEGINNING,containing 3.223 acres of land. 1 .3‘.
PREPARED:June 6,2017
f HOLT CARSON o'
•ti•n 5156
Holt Carson
Registered Professional Land Surveyor Na.5166 cykiia'
ref 943032
Exhibit B
Plot man of Tracts f,2,3,and 4
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Exhibit"C"
STATE OF TEXAS
COUNTY OF TRAVIS
CITY OF CITY OF ROUND ROCK,
TEXAS
CHAPTER 43 TEXAS LOCAL GOVERNMENT CODE
DEVELOPMENT AG R EF,M ENT
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.
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.
Li 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.
I.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:
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,
2
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
façade 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.
3
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.
Notwithstanding any language to the contrary in Section 1.1 describing the Disannexation
Property,Owner and City acknowledge and agree that Tract 4 of the Disannexation Property shall
not include any portion of said described Tract that lies within the right-of-way of Greenlawn
Boulevard.
4
Entered into and made effective on the date last signed by a party herein:
OWNER: Auspro Enterprises, LP, a Texas Limited Partnership
By:Midwave,LLC
Its: General Partner
By:
Michael Kleinman
Its:Manager
Date:
STATE OF TEXAS
COUNTY OF TRAVIS §
Before me, the undersigned notary, on this day personally appeared , the
of , on behalf of said company 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 2017.
[Seal]
Notary Public, State
of Texas
5
THE CITY OF ROUND ROCK, TEXAS
Name:
Title: Mayor
Date:
Attest:
Name:
Title: City Secretary
Approved as to form:
Name:
Title: City Attorney
(NOTARIES FOLLOW ON SEPARATE PAGES)
FILED AND RECORDED
OF
OFFICIAL PUBLIC RECORDS
7.4,1
DANA DEBEAUVOIR, COUNTY CLERK
;kWid.1 TRAVIS COUNTY, TEXAS
October 19 2017 10:29 AM
FEE: $ 86.00 2017167566