R-85-682 - 2/14/1985RESOLUTION NO. 682R
WHEREAS, the City of Round Rock ("City") and Westinghouse
Electric Corporation ("Westinghouse") have previously entered
into an agreement whereby certain property owned by Westinghouse
would be designated an Industrial District and would not be
subject to annexation by the City until after December 21, 1985,
and
WHEREAS, Texas Crushed Stone Company ("TCS") and Georgetown
Railroad Company ("GRR") purchased a portion of Westinghouse's
property, and
WHEREAS, TCS and GRR have agreed to contribute $300,000.00
to the City in consideration for the City's extension of the
agreement not to annex this property, and
WHEREAS, the City Council deems this agreement to be in the
best interest of the City, 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 an agreement which is attached hereto and
incorporated herein for all purposes.
RESOLVED this 14th day of February, 1985.
7/#,14/,‘,
MIKE ROBINSON, Mayor
City of Round Rock, Texas
ATTEST:
JONNE LAND, City Secretary
dol 1162 PA t 446
CONTRACT AND AGREEMENT EXTENDING
INDUSTRIAL DISTRICT
d
WHEREAS, heretofore, the City of Round Rock, Texas,
hereinafter referred to as "City" entered into an agreement with
the Westinghouse Electric Corporation, such agreement having been
executed on the llth and 14th days of December 1978 and recorded
in Volume 744, Page 1, Deed Records, Williamson County, Texas,
and
WHEREAS, said agreement provided, among other things, that
certain property owned by Westinghouse would be included in the
extraterritorial jurisdiction of the City, that said property
would be designated as an Industrial District pursuant to Art.
970a., V.A.T.S. and that the property would not be annexed by the
City prior to December 21, 1985, and
WHEREAS, Texas Crushed Stone Company, hereinafter referred
to as "TCS" and Georgetown Railroad Company, hereinafter referred
to as "GRR" purchased on June 30, 1982, a portion of the
Westinghouse property, said portion of land being described in
Exhibit A, attached hereto and made a part hereof, and
WHEREAS, TCS and GRR have jointly made a gift of $300,000.00
to the City, Now Therefore
IT IS AGREED BETWEEN THE UNDERSIGNED as follows:
I.
For and in consideration of the gift of $300,000.00
previously mentioned, the City grants an extension from December
21, 1985, to December 21, 1992, of the Industrial District status
previously granted Westinghouse Electric Corporation on the
portion of the property that TCS and GRR purchased from
Westinghouse as described in Exhibit A.
II.
Except as otherwise stated herein, TCS and GRR agree that at
any time when requested by the City, they will file with the City
a written petition and request for annexation of all property not
previously annexed and described in Exhibit A hereto.
OFFICIAL RECORDS
WILLIAMSON COUNTY TEXAS
dol 1162 PAu 407
TCS and GRR further agree that should they develop or sell
for development all or any portion of the land described in
Exhibit A, such portion developed or sold for development shall
be subject to immediate annexation and that the owner of said
property shall petition the City for immediate annexation. It is
further agreed that the owner of any portion so sold for
development or developed shall pay to the City, on or before
January 31 of the year following the sale or beginning of
development, an amount which would equal the City taxes,
including but not limited to agricultural roll -back taxes, that
would have been payable had that portion of the property been
annexed into the City on December 22, 1985. As used herein, the
term "develop" shall mean putting the property to any use except
agricultural or limestone mining or directly related activities.
IV.
As an additional assurance to the City that the property
shown on Exhibit A shall be annexed when sold for development,
developed, or at the expiration of the seven (7) year extension,
in addition to the petition referenced above, TCS and GRR herein
requests annexation by the City in this contractual agreement,
with the condition precedent to such request that it not be acted
on prior to the property or portion thereof being sold for
development, or developed or prior to the expiration of seven (7)
years from December 21, 1985.
In the event for any reason the City determines that
additional or substitute petitions or other documents are
required to complete the contemplated annexation(s) TCS and GRR
agree to duly and promptly execute and file such petition or
documents at the request of the City, provided that such petition
or documents have terms and conditions of the same substance as
this agreement.
2
1162 PAGE 408 V.
The terms and conditions contained herein shall be deemed to
be covenants running with the land and shall be binding on the
respective legal representatives, successors and assigns of the
parties hereto, expressly including subsequent transferees of any
portion or portions of the property described in Exhibit A. The
terms and conditions contained herein shall also be binding on
the successors of the present Round Rock City Council and shall
also include any substitute or different governmental entity that
may succeed to the duties and responsibilities of the existing
City Council and under which appropriate jurisdiction is had for
the matters contained herein.
VI.
The obligations and undertakings of each of the parties to
this agreement shall be governed by and resolved in accordance
with the laws of the State of Texas, and shall be performable in
Williamson County, Texas.
VII.
If any word, phrase, clause, paragraph, sentence, part,
portion or provision of their ordinance and/or contract or the
application thereof to any person, corporation, entity or
government or circumstances shall be held to be invalid or
unconstitutional, the remainder of the ordinance and/or contract
shall nevertheless be valid and TCS, GRR and City hereby declare
that this ordinance and/or contract would have been entered into
and enacted without such invalid or unconstitutional word,
phrase, clause, paragraph, sentence, part, portion or provisions.
EXECUTED in multiple originals on the dates indicated below.
Date:
)(I, /qP5
AEST: � SEAL CITY OF ROUND AOC
By: V
Janne Land, City Secretary
3
Mike Robinson, Mayor
Date: (2-- /5--eitS`"
ATTEESlT :9 ,,c/7
'�✓ N `�
Date: 02—'5-8-5
vnt 1162 PAa 409
TEXAS CRUSHED
OL By: 1/,
STATE OF TEXAS
COUNTY OF WILLIAMSON
MPANY
GEORGETOWN RAILROAD COMPANY
By - ..•
-
jh's instrument was acknowledged before me this /1/ ri day
of
by Mike Robinson, Mayor of the City of
Round Rock.
Nota'r Public, ate of Texas
Printed Name of Notary
My commission expires: 4/»/7/l
STATE OF TEXAS
COUNTY OF WILLIAMSON
i instrument was acknowd ed before me this `�
leday
of , by ,7f-.442eaa'
of Texas_Cru ed Stone Company.'�
STATE OF TEXAS
COUNTY OF WILLIAMSON
G'J?�
of y Publ' , State of Texas
Printed Name of Notary
My commission expires: 4A/84,
of
Trstrument was acknow edg-d b -f r
, by - oAlPr% "
of Georgetown ilroad Company.
- ie t.is .aY
Notary blic, ate of Texas
4,v'( eJ 27 6 E
Printed Name of Notary
My commission expires:to/t/il
4
1162 PAW 410
Description of two tracts of
land, being Tract IA consisting
of 875.68 acres and Tract IIA
consisting of 260.39 acres.
EXHIBIT "A"
Page 1 of 5
vni.1162 rAc,E 411
TRACT IA
Field notes describing 875.68 acres of land in the Ephraim
Evans League (Abstract 212) and the D. Curry Survey in Williamson
County, Texas; said tract being a portion of the 1,036.15 acre
tract that was conveyed by deed dated July 23, 1971 from
Lamoc Corporation to Westinghouse Electric Corporation and
recorded in the Williamson County Deed Records in Volume 538,
page 80, and all of the 526.60 acre tract that was conveyed
by deed dated October 18, 1971 from Leon E. Behrens and wife
Onie D. Behrens to Westinghouse Electric Corporation and
recorded in the Williamson County Deed Records in Volume 540,
page 767 and being more particularly described as follows:
BEGINNING at an iron pin set for the southeast corner of
the tract herein described, said southeast corner also being
the southeast corner of the above said 526.60 acre tract
conveyed to Westinghouse Electric Corporation, and in the
west right-of-way line of the Georgetown Railroad;
THENCE along the average line of a fence for the south
line of the tract herein described the following courses;
(1) South 85° 54' 42" West a distance of 835.47 feet to
an iron pin found;
(2) South 69° 28' 14" West a distance of 884.18 feet to
a cedar post found;
(3) South 75° 10' 48" West a distance of 88.43 feet to
a cedar post found;
(4) South 68° 59' 10" West a distance of 2,355.65 feet to
a creosote post found;
(5) South 70° 38' 31" West a distance of 119.60 feet
to a creosote post found;
(6) South 68° 46' 58" West a distance of 1,697.08
feet to an iron pin found;
(7) South 77° 49' 02" West a distance of 78.40 feet to
an iron pin found;
(8) South 68° 02' 17" West a distance of 1,596.96 feet
to an iron pin found;
(9) South 69° 01' 04" West a distance of 1,080.90 feet
to an iron pin set for the southwest corner of the
tract herein described;
THENCE along the average line of a fence for the west line
of the tract herein described the following courses;
(1) North 20° 58' 25" West a distance of 2,698.73 feet
to an iron pin set;
(2) North 67° 45' 45" East a distance of 173.70 feet to
an iron pin set;
EXHIBIT "A"
Page 2 of 5
IOC 1162PAU412
.(3) North 21° 00' 01" West a distance of 1,919.02 feet
to a 30d nail found and replaced with an iron pin;
for the northwest corner of the tract herein described;
THENCE along the north line of the tract herein described
the following courses;
(1) North 70° 15' 54" East a distance of 492.06 feet to
a 30d nail found and replaced with an iron pin;
(2) 652.77 feet along a curve to the right having a
chord of 652.44 feet bearing North 73° 32' 09" East
and a radius of 5,829.58 feet to a nail in rock
found;
(3)
North 76° 44' 56" East a distance of 7,502.43 feet to
a 30d nail found and replaced with an iron pin;
(4) 613.26 feet along a curve to the right having a chord
of 612.99 feet bearing North 79° 41' 43" East and a
radius of 5,829.58 feet to a 30d nail found and
replaced with an iron pin;
(5) North 76° 48' 34" East a distance of 310.48 feet
to a 30d nail found and replaced with an iron pin;
(6) 224.69 feet along a curve to the right having a
chord of 224.68 feet bearing North 86° 46' 27" East
and a radius of 5,869.58 feet to a 30d nail found
and replaced with an iron pin;
(7) North 87° 57' 18" East a distance of 124.22 feet
to a 30d nail found and replaced with an iron pin
for the northeast corner of the tract herein described,
said northeast corner also being in the west right-of-
way of the Georgetown Railroad;
THENCE along the east line of the tract herein described,
said east line also being the west right-of-way line of the
Georgetown Railroad, the following courses;
(1) South 0° 43'47 " East a distance of 907.61 feet to
a 30d nail in a railroad tie found;
(2) South 0° 52' 37" East a distance of 2,847.16 feet
to the Point of Beginning and containing 875.68
acres, more or less.
I, Jerry Brooks Hale, a REGISTERED PUBLIC SURVEYOR, do hereby
certify that these field notes represent the results of an on -
the -ground survey made under my direction on the 29th day of
June, 1982.
JERRY BROOKS HAL
rry r.oks Hale
// Regis red Public Surveyor No. 2154
/ /
EXHIBIT "A"
Page 3 of 5
iot.1162 ►>AU 413
TRACT IIA
Field notes describing 260.39 acres of land in the
Ephraim Evans League (Abstract 212) and the D. Curry Survey
in Williamson County, Texas: Said tract being a portion
of the 153.014 acre tract conveyed by deed dated June 24,
1971 from Raymond Pearson and wife, Gladys D. Pearson to
Westinghouse Electric Corporation and recorded in the
Williamson County Deed Records in Volume 537, page 93,
and a portion of the 1,036.15 acre tract that was conveyed
by deed dated July 23, 1971 from Lamoc Corporation to Westinghouse
Electric Corporation and recorded in the Williamson County
Deed Records in Volume 538, page 80, and all of the 88.23
acre tract that was conveyed by deed dated September 20,
1971 from Robert L. Bowers, Trustee, and Robert L. Bowers
and Carl W. Burnette Individually to Westinghouse Electric
Corporation and recorded in the Williamson County Deed
Records in Volume 540, page 68, and all of the 27.65 acre
tract that was conveyed by deed dated August 3, 1971 from
Marvin H. Parker and wife, Ruth W. Parker to Westinghouse
Electric Corporation and recorded in the Williamson County
Deed Records in Volume 449, page 391, and all of the 17.93
acre tract that was conveyed by deed dated October 18,
1971 from Leon E. Behrens and wife, Onie D. Behrens to
Westinghouse Electric Corporation and recorded in the
Williamson County Deed Records in Volume 540, page 767,
and being more particularly described as follows:
BEGINNING at an iron pin found for the southeast corner
of the tract herein described, said corner also being the
southeast corner of the above said 88.23 acre tract conveyed
to Westinghouse Electric Corporation, and in the west right-
of-way line of Interstate Highway 35;
THENCE along the south line of the tract herein described
the following courses;
(1) South 80° 46' 40" West a distance of 112.73 feet
along a fence to an iron pin set;
(2) North 20° 14' 48" West a distance of 400.71 feet
along a fence to an iron pin set;
(3) South 85° 53' 09" West a distance of 1,650.58
feet to an iron pin set for the southwest corner
of the tract herein described, said southwest
corner also being in the east right-of-way line of
the Georgetown Railroad;
THENCE along the west line of the tract herein described,
said west line also being the east right-of-way line of the
Georgetown Railroad, North 0° 51' 14" West, a distance of
6,445.92 feet to an iron pin found for the northwest corner of
the tract herein described;
THENCE along the north line of the tract herein described
North 89° 02' 16" East, a distance of 1,648.58 feet to an iron
pin found for the northeast corner of the tract herein described,
said northeast corner also being in the west right-of-way line of
Interstate Highway 35;
EXHIBIT "A"
Page 4 of 5
[il 116? PW 414
THENCE along the east line of the tract herein described,
said east line also being the west right-of-way line of
Interstate Highway 35, the following courses;
(1) 24.31 feet along a curve to the left having a chord
of 24.30 feet bearing South 2° 04' East and a
radius of 2,914.8 feet to a Texas Highway Department
monument found;
(2) South 2° 09' 30" East a distance of 855.64 feet to
a Texas Highway Department monument found;
(3) 597.76 feet along a curve to the left having a chord
of 596.70 felt bearing South 8° 01' 07" East a radius
of 2,914.8 ,feet to a Texas Highway Department monument
found;
(4) 381.42 feet along a curve to the right having a chord
of 380.75 feet bearing South 8° 00' East and a radius
of 1,859.9 feet to a Texas Highway Department monument
found;
(5) South 2° 12' 52" East a distance of 187.22 feet to a
Texas Highway Department monument found;
(6) 331.69 feet along a curve to the right having a chord
of 326.16 feet bearing South 15° 59' 02" West and a
radius of 523.0 feet to a Texas Highway Department
monument found;
(7) 968.37 feet along a curve to the left having a chord
of 905.19 feet bearing South 1° 55' 53" East and a
radius of 766.2 feet to a Texas Highway Department
monument found;
(3) 331.15 feet along a curve to the right having a chord
of 325.65 feet bearing South 20° 13' 10" East and a
radius of 523.0 feet to a Texas Highway Department
monument found;
(9) South 2° 05' 37" East a distance of 1,086.87 feet
to a Texas Highway Department monument found;
(10) South 2° 04' 08" East a distance of 2,069.59 feet to
the Point of Beginning and containing 260.39 acres of
land, more or less.
I, Jerry Brooks Hale, a REGISTERED PUBLIC SURVEYOR, do hereby
certify that these field notes represent the results of an on -
the -ground survey made under my direction on the 29th day of
June, 1982.
rooks Hale'
ered Public Surveyor No. 2154
EXHIBIT "A"
Page 5 of 5
OR
F 1l.E
0),
STATE OF TEXAS COUNTY OF WILLIAMS1192 ON1) 415
I hereby certify that this Instrument was FILED
on the date and at the time stamped hereo
by me; and was duly RECORDED, in the Volume
and Page of the named RECORDS of Williamson
County, Texas, as stamped hereon by me, on
PR 9 1985
COUNTY CLERK
WILLIAMSON COUNTY, TEXAS