R-09-06-11-12A1 - 6/11/2009RESOLUTION NO . R -09-06-11-12A1
WHEREAS, the City of Round Rock ("City") desires to acquire
forty-three acres ("Property") from Jimmy Nassour, located near the
intersection of Sunrise Road and University Boulevard, and
WHEREAS, the City and Jimmy Nassour wish to enter into a
Memorandum of Understanding to set forth their intent and
understanding regarding the proposed acquisition of said property,
Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City a Memorandum of Understanding ,Regarding The
Proposed Acquisition of Forty -Three Acres Near Intersection of
Sunrise Road and University Boulevard with Jimmy Nassour, a copy of
same being attached hereto as Exhibit "A" and incorporated herein.
The City Council hereby finds and declares that written notice
of the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to
the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered
and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this l l th day of June, 2009.
YYt/1-.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
Thle tt, t
SARA L. WHITE, City Secretary
0:\wdox\SCC1nts\0112\0905\MUNICIPAL\R96112A1.DOC/rmc
MEMORANDUM OF UNDERSTANDING .REGARDING
THE PROPOSED ACQUISITION OF FORTY-THREE ACRES NEAR INTERSECTION
OF SUNRISE ROAD A:ND UNIVERSITY BOULEVARD
4•11 -
This Memorandum of Understanding Regarding the Proposed Acquisition of thirty --fig'
acres near the intersection of Sunrise Road and University Boulevard ("MOU") is executed by
the City of Round Rock ("City") and Jimmy Nassour ("Nassour") (collectively referred to as
"the Parties") for the purpose of outlining the Parties' mutual intent and understanding with
respect to negotiating one or more agreements whereby Nassour will convey certain real
property to the City in consideration for the construction of two arterial roads benefiting said
property. Accordingly, the Parties set forth their intent and understandings as follows:
Recitals
Whereas, the City desires to acquire forty-three (4 3) acres, more or less, from Nassour,
said property being shown as being located approximately as shown on Exhibit "A", attached
hereto (the "Property"); and
Whereas, in consideration of said conveyance, the City agrees to construct two lanes of
the ultimate four lanes of two roads. called Arterials L and M. at the approximate .locations as
shown in Exhibit "B", attached herein; and
Whereas, in order to facilitate the expeditious conveyance, the Parties desire to outline
their respective duties and responsibilities in this MOU: and
Whereas, the Parties recognize that future agreements formalizing the terms set out in
this MOU must be drafted and approved by the City Council and Nassour; and
Whereas, the Parties acknowledge that the terms and conditions listed herein are not
legally binding against either Party, but merely serve as an outline of the current understanding
of the duties and responsibilities of each Party:
Now Therefore, City and Nassour agree to work cooperatively and in good faith to
negotiate future agreements to affect the conveyance discussed herein.
ARTICLE I
Proposed Acquisition
1.01 At this time, it is anticipated that Nassour may acquire 100 acres, more or less, of real
property located near the intersection of Sunrise Road University Boulevard from Cypress Semi-
conductor (the "Cypress Conveyance").
1.02 If the Cypress Conveyance occurs. the Parties agree that Nassour will sell to the City the
Property. The Parties further agree that the purchase price of the Property shall be the fair market
value of the Property as determined by an MAI appraiser. The actual dollar amount remitted to
00153819/cc
Nassour shall be based on the dollar amount per square foot as paid by Nassour to Cypress Semi-
conductor, which is estimated to be three to three and one-half ($3.00-$3.50) dollars per square
foot for non -flood plain property and fifteen thousand dollars ($15,000) per acre for flood plain
property. This estimate may change depending upon the final assessment of buildable acreage
within the Property. The difference between the fair market value and the actual dollar amount
remitted by the City to Nassour shall be considered a donation to the City.
1.03 The Parties further agree that the above-described conveyance shall occur simultaneously
with Nassour's acquisition of the Cypress Semi -conductor property.
ARTICLE II.
Construction of Arterials L and M
2.01 City has begun preliminary efforts to design two arterial roadways called Arterials L and
M, which are to he located as shown on Exhibit "B", attached hereto. As additional consideration
for the conveyance of the Property to the City by Nassour, the City agrees to commence
construction of one-half of Arterials L and M, which shall be two lanes of the ultimate four
lanes, including any necessary bridge structures, as soon as possible after the conveyance of the
Property. Nassour shall contribute to the City all reasonably necessary rights-of-way for said
roadways. Arterial M shall connect from Oakmont Drive to Tellabs Drive/ Mays Street and
Arterial L shall connect from Arterial M to IH -35, as shown on Exhibit "B",
ARTICLE III
Miscellaneous Provisions
3.01 Good Faith Negotiations. The Parties each understand and acknowledge that this MOU
does not obligate either party in any way. However, each party pledges to continue to negotiate
in good faith to accomplish the mutual goals and interests set forth herein.
3.02 Outline of Terms. The Parties each understand and acknowledge that the terms and
provisions contained herein are only an outline of the terms of the agreements contemplated
herein and the final agreements will contain terms and provisions not covered herein. This MOU
is not intended to legally bind the Parties to the terms and conditions stated herein. The Parties
however, agree that the terms and conditions stated herein are reasonable and provide an outline
for future negotiations and actions by the respective Parties.
Executed this day of . 2009,
CITY OF ROUND ROCK, TEXAS
By:
Alan McGraw, Mayor
NASSOI
i
E:. «tint vYV Ml4lyYRt
r. ' r r TIOOtAAlw
Yq 'l
AC
�2 IQ#IIA a�ao maty..�t.��� 1Mp ie
. a. ..i.. ,�.tt•, . . ,��•• Plid �4 b' ""^_`�•�Mtwtit �i
ta°s
/
M31 77%
FOd6 2,0
31 Tttlora TA a eTOM
.nrANIL
r :' Cbndttettu
x
%.,N Teta a7.aTomM
r.. ...•' t � ; �r ��YIM<ittrtY►AMtYtYtrfq.
;FjV6 ." , r .. �'., ���tMMYt4YMrY41YMMatn1YYYNdeu
�'•� }- �� �,�,r ^ ��' Y4krt61Y111�M11,4MNL�dYY, 1«YMRAM/gftl
pw 1• ANN «
SS ��Yw 4.1 ■te itMYNw tYgtYM
•.y ��•'�•✓ ,�%%�.' .• .. `� ,/ MiM>I�yllAtlyWfy Yn4MtNrrMNtYMMYwtMlMM1�MtY
• ,� t� '`.� � MIUYtyYYYMtYppJt1 ��
j' 1 >. Pad$ /• '0>
Tract P 0.
a r (PK¢3A AC) t. .
M• r
bw
1 .qYt Rtgkq Pad& , Fos*
'4t r t4 Lp r ►elldtlp�lYAMMtlottonAae-typ iMtOAtnY
Iract I
M... flbOYwtopnYMottpµAtttlrtay
PMP-dMGWA04la
y� •'T� f.. `�•;<<•' '.`' s '�: �'�••, � --'Ttoot/nop�aytws
Cypress Semiconductor- Round Rock TX
Oxford Commercial
•� � � • . • ' . . . .��: .. EXHIBIT
i
Wind use anaya
,
U16 „�,�„�
l _ W AC I
r l ' + ': ` Pad ►Pad I IIA
todod i a�e9 MWbp�� 1 M
OMOOft W131 "%
►Poch so lbw SOMCO Iftm 77ft
3;2i ��,• ROW3 7A r) Tommi 71—a�. �9lG
y1 t
t j,f/ '!', . 'NM1toow 471 told j a9%
/ ,�! �,, f �':r:.•.. .�� ., _C( `V Pakd#1'`, 'M4hrrintM;�n.erownnM«vw�newet��rrran '
7' .;' C i �f��•�; . , , ..> f "�r�w�i..oN�...prlaow
• '• Pod Y >
Tract
Pad B,
' . • -~,,Tract 1 ".� Oaw/huiQOMonAr.o_NOVabalalnawne
..S .. .�•'• 'fir " _.; .. :�� � �MAANoM
ow
Ypres Semiconductor- Round Rock, TX Oxford
C
. .,
• . . , . . •. ••• ommercial
EXHIBIT
NRn .
DATE: June 5, 2009
SUBJECT: City Council Meeting—June 11, 2009
ITEM: 12A1. Consider a resolution authorizing the Mayor to execute a Memorandum of
Understanding regarding the proposed acquisition of forty-three acres near the
intersection of Sunrise Road and University Boulevard.
EXECUTED
DOCUMENT
FOLLOWS
MEMORANDUM OF UNDERSTANDING REGARDING
THE PROPOSED ACQUISITION OF FORTY-THREE ACRES NEAR INTERSECTION
OF SUNRISE ROAD AND UNIVERSITY BOULEVARD
This Memorandum of Understanding Regarding the Proposed Acquisition of forty-three
acres near the intersection of Sunrise Road and University Boulevard ("MOU") is executed by
the City of Round Rock ("City") and Jimmy Nassour ("Nassour") (collectively referred to as
"the Parties") for the purpose of outlining the Parties' mutual intent and understanding with
respect to negotiating one or more agreements whereby Nassour will convey certain real
property to the City in consideration for the construction of two arterial roads benefiting said
property. Accordingly, the Parties set forth their intent and understandings as follows:
Recitals
Whereas, the City desires to acquire forty-three (43) acres, more or less, from Nassour,
said property being shown as being located approximately as shown on Exhibit "A", attached
hereto (the "Property"); and
Whereas, in consideration of said conveyance, the City agrees to construct two lanes of
the ultimate four lanes of two roads, called Arterials L and M, at the approximate locations as
shown in Exhibit "B", attached herein; and
Whereas, in order to facilitate the expeditious conveyance, the Parties desire to outline
their respective duties and responsibilities in this MOU; and
Whereas, the Parties recognize that future agreements formalizing the terms set out in
this MOU must be drafted and approved by the City Council and Nassour; and
Whereas, the Parties acknowledge that the terms and conditions listed herein are not
legally binding against either Party, but merely serve as an outline of the current understanding
of the duties and responsibilities of each Party;
Now Therefore, City and Nassour agree to work cooperatively and in good faith to
negotiate future agreements to affect the conveyance discussed herein.
ARTICLE I
Proposed Acquisition
1.01 At this time, it is anticipated that Nassour may acquire 100 acres, more or less, of real
property located near the intersection of Sunrise Road University Boulevard from Cypress Semi-
conductor (the "Cypress Conveyance").
1.02 If the Cypress Conveyance occurs, the Parties agree that Nassour will sell to the City the
Property. The Parties further agree that the purchase price of the Property shall be the fair market
value of the Property as determined by an MAI appraiser. The actual dollar amount remitted to
00153819/cc
Nassour shall be based on the dollar amount per square foot as paid by Nassour to Cypress Semi-
conductor, which is estimated to be three to three and one-half ($3.00-$3.50) dollars per square
foot for non -flood plain property and fifteen thousand dollars ($15,000) per acre for flood plain
property. This estimate may change depending upon the final assessment of buildable acreage
within the Property. The difference between the fair market value and the actual dollar amount
remitted by the City to Nassour shall be considered a donation to the City.
1.03 The Parties further agree that the above-described conveyance shall occur simultaneously
with Nassour's acquisition of the Cypress Semi -conductor property.
ARTICLE II.
Construction of Arterials L and M
2.01 City has begun preliminary efforts to design two arterial roadways called Arterials L and
M, which are to be located as shown on Exhibit "B", attached hereto. As additional consideration
for the conveyance of the Property to the City by Nassour, the City agrees to commence
construction of one-half of Arterials L and M, which shall be two lanes of the ultimate four
lanes, including any necessary bridge structures, as soon as possible after the conveyance of the
Property. Nassour shall contribute to the City all reasonably necessary rights-of-way for said
roadways. Arterial M shall connect from Oakmont Drive to Tellabs Drive/ Mays Street and
Arterial L shall connect from Arterial M to IH -35, as shown on Exhibit "B".
ARTICLE III
Miscellaneous Provisions
3.01 Good Faith Negotiations. The Parties each understand and acknowledge that this MOU
does not obligate either party in any way. However, each party pledges to continue to negotiate
in good faith to accomplish the rnutual goals and interests set forth herein.
3.02 Outline of Terms. The Parties each understand and acknowledge that the terms and
provisions contained herein are only an outline of the terms of the agreements contemplated
herein and the final agreements will contain terms and provisions not covered herein. This MOU
is not intended to legally bind the Parties to the terns and conditions stated herein. The Parties
however, agree that the terms and conditions stated herein are reasonable and provide an outline
for future negotiations and actions by the respective Parties.
Executed this e4 day of c 4%4t
, 2009.
[Signatures on the following page.]
2
CITY OF ROUND ROCK, TEXAS
By:
-r1-1 //,----
Alan McGraw, Mayor
JIM NAS1(!)
3
, t
' .. 1 1 '•` _sua,q,r >m�a '1 � °, T�aC1 AppEOX U30 �Ap�pEof!
Ap AppDOX Inz.—C'
f`� •' y "�` J i G •• "i' Pad 1 11A oftplfta( mom
Pod 2/ yr ./. ;1 i ,/,•• •AC) Pod Pada 13A Once pyt } 14" 66%
Pad 4 6# Ofte/Rezm/ft awl 7B%
�, f • PACS 1 10"..3119U4 7ft
7796
f .{• :j (PKG
3:2 , IJtsot3 7.6 FL sort',. TWO 777221 e9%
fl ' f. Cl�r r i yam' 7 f e'er R ?ofd 67Z �►+elaFactllfy 3d
• f, r' r.. 1 ��a`�. '� AO�ppNplddppAq�Of)1� �.
f�t � A• •`:� •••.' •'?�''� �-•, PbP�O�np�nl�M4e� leAPrmlr,otrraM4baw0a�
't• '�Y f �."• �` .+?j•r' ,` N'tc, •,: � � 'r 'bP+�"t°""°""°°'ova"a*•�eRNraausadf,oK+aA.r�eatwartJ
v Pw P stn Alt asaw�e
tJ ? r E�.� •%y;,. ;. - � .r .% 'krgs+rmrre�btt�ftlnerly .��alo,+wq�lndwefat
r Pad 2 4( r;¢ ' �� �. p•. (• r
Tract
•' ~' "�• ' Legend
d�'. 79f!' s � - ... w�v;"�i►�t.r•• �•`•� t G 1 z + :r 3. AC} Pad S ' PwSMe
�• •. � ,� ; ;J +' tarkktgottivleurtaaponAroa-tfo�
/Tracf 1
f _ a` .• ��; �� :, s Food PreaetvofNo OevWo�artt oxcept Medots
PMPOSW MOW Aftkg
' L• .. ••`• •�S;''. r.. '�.• r •','` •M..,. �•a• _ ..� •_'' ..�'?EQOtPAD�0�1��h10
Odle
".0of%0--te 1W&L
Cypress Sernlcon ` _.
doctor- Round Rock TX
Oxford Commercial
MIBFT
"All
�. �.M r.�•. t Lend Use Anal
a 11ae1 Am= um c
• r :r.. 112 AC aP1Na% Covet
r-, r i .G r♦ Pad 1 11.4 OfrtcelRez �� ? ..ra„
Pod 2 10.9 Rea 169401 78%
(. �• -�.. ;_•t;• ,f�, .A� PCd Pad 3 3.8 Odkye� Ament 148240 b9�G
% ' POd 4 56951 78%
+
i .. POd 1 107131 7776
Pad 6
2.0 EhOwrCol n J S�Mce 196466
y/ ffJ 3 •_ �,. ,ja' {PKG ��.' y tags r o.) 69%
�, r• i f :i' �f t i tt ` t 1YoatJ 7.6 Ex.Sefil. Total 71?22t
row a7,8
caondugo��gy� $15923 3_ s476
/(� et �'�• '~M •`"' •' ' ^'' �,• •} ' ' N.I•�O.OIMl00lWAaPP�Mk„M,WIO.oO..Can
P W 4 Pad I
r �, P ,{s'~. ,./�f''�'' '!. •• 7!` � '�4aveu0Riylltbdw� Aowent�p�M°uraew.>➢�tfieteaPN►11
00d 2
l• •i � r� i•• -„',aa••a.� f ,�• .^,1 ��1' tgI0a01l�hiyppr.PMi1000ti
Tract;P - • ;f
le end
P
APad 5,,
CS > ad sSe
"•rr, '?i, , • . Tract ...y ”-.�� POAa1tYlbun4adotfAtoo-nwver�lcatstrucneres
��': `� •`'''�L,,.;" � •a a •, �! .� '� FFDOOPIeOeNly�C11pD�V91o�f�BMA%CeplAdO!!Rh
M� � •� �f.-I - ... a; .t ,�� fit;
' 'Gty�.� �• r `I,• r 7 -� '�' t 'i. - �P10�a1�1J�D�f l�ltlf�0�
• '> .blye.(III��� - .f...` ; -•s • s• ',• ! "`„'�74tl6ffQ Stflet�
•jj f '' ,,, ''`� •.• ': Tmet Plop"titre
00
�..f` •. • I �,�' 7';11 7wn S• � •� a��vh�WI O![�{, �'C,���
Cypress Semiconductor-Round Rock, TX
Oxford Commercial
EXHIBIT