Contract - Cressman Enterprises LP - 5/14/2015 II III'II1 11 1111 II 6
AGRGS 2015046231
STATE OF TEXAS § ANNEXATION DEVELOPMENT
§ AGREEMENT WITH
COUNTY OF WILLIAMSON § CRESSMAN ENTERPRISES LP
This is an ANNEXATION DEVELOPMENT AGREEMENT by and between THE CITY
OF ROUND ROCK, TEXAS ("City") and Cressman Enterprises, LP ("Owner", whether
one or more).
WHEREAS, Owner is owner of that certain 8.505 acre tract of land more particularly
described in Exhibit"A", attached hereto (the "Property"), and;
WHEREAS, the City intends to annex the Property, and;
WHEREAS, pursuant to Sections 43.035 and 212.172 of the Texas Local Government
Code, the City and the Owner desire to enter into this Annexation Development
Agreement(the "Agreement"); 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 Agreement is to be recorded in the Official Records of Williamson
County,Texas
NOW THEREFORE, for and in consideration of the promises and the mutual
agreements set forth herein, the City and Owner hereby agree as follows:
A. PURPOSE
The purpose of this Agreement is to comply with all requirements of Sections 43.035 and
212.172 of the Texas Local Government Code pertaining to the annexation of Property
into the Round Rock city limits.
B. GENERAL TERMS AND CONDITIONS
1. Both parties agree that in consideration of the mutual promises stated herein, that the
Property will not be annexed by the City of Round Rock so long as (1) the Property
continues to receive an agricultural exemption from the Williamson County Central
Appraisal District (the "AG Exemption"), except for existing single-family residential
use, and (2) no action is taken by the Owner or his assigns to file a subdivision plat or
any related development document for a use unrelated to the agriculture, regarding
some or all of the Property. If one or more of the above circumstances occur, the City is
authorized to commence proceedings to annex portions of the Property which are either
affected by the removal of the AG Exemption, or which are the subject of the
development documents. It is expressly understood and agreed that the Owners may
2 . 2 Ot c,--229
develop the Property in phases and that the City of Round Rock will only annex those
portions of the Property which are included within"final" subdivision plats.
2. As consideration for the City foregoing annexation proceedings as described above,
the Owner hereby authorizes the City to enforce all regulations and planning authority
of the City, except for any regulations which interfere with Owner's or tenant's use of
the Property for agricultural purposes, wildlife management, recreational enjoyment, or
timber production.
3. The Owner agrees that the City's AG- Agricultural zoning requirements apply to the
Property, and that the Property shall only be used for AG zoning uses until such time as
the Property is annexed into the City of Round Rock. Upon such annexation, the
Property will be entitled to be zoned for land uses that are consistent with the official
City of Round Rock Comprehensive Plan in effect on the date hereof and such other uses
as may be agreed upon by the City of Round Rock and the Owners.
4. The Owner acknowledges that if Owner or any successor or assign violates any
condition of this Agreement, then in addition to the City's other remedies, such act will
constitute a petition for voluntary annexation by the Owner, and the Property will be
subject to annexation at the direction of the Council. The Owner and any successors or
assigns agree that such annexation shall be voluntary and the Owner hereby consents to
such annexation as though a petition for such annexation had been tendered by the
Owner,his successors or assigns.
5. Both parties agree that upon annexation of the Property by the City, the City shall,
within 30 days of the effective date of the annexation, initiate an initial zoning of the
Property conforming to the land use designation for the Property as shown on the most
recent amendment of City's Comprehensive Plan.
C. MISCELLANEOUS PROVISIONS
1. Actions Performable. The City and the Owner agree that all actions to be performed
under this Agreement are performable in Williamson County,Texas.
2. Governing Law. The City and Owner agree that this Agreement has been made
under the laws of the State of Texas in effect on this date, and that any interpretation of
this Agreement at a future date shall be made under the laws of the State of Texas.
3. Severability. If a provision hereof shall be finally declared void or illegal by any
court or administrative agency having jurisdiction, the entire Agreement shall not be
void; but the remaining provisions shall continue in effect as nearly as possible in
accordance with the original intent of the parties.
4. Complete Agreement. This Agreement represents a complete agreement of the
parties and supersedes all prior written and oral matters related to this agreement. Any
amendment to this Agreement must be in writing and signed by all parties. This
Agreement runs with the land and shall bind the Property for a term of fifteen years,
unless amended by the parties.
5. Exhibits. All exhibits attached to this Agreement are incorporated by reference and
expressly made part of this Agreement as if copied verbatim.
6. Notice. All notices, requests or other communications required or permitted by this
Agreement shall be in writing and shall be sent by (i) telecopy, with the original
delivered by hand or overnight carrier, (ii)by overnight courier or hand delivery, or (iii)
certified mail, postage prepaid, return receipt requested, and addressed to the parties at
the following addresses:
City of Round Rock Owner
City Manager Cressman Enterprises, LP,Trustee
221 East Main Street 3200 E. Palm Valley Blvd.
Round Rock, Texas 78664 Round Rock,Texas 78665-3904
Williamson County Williamson County
Phone: (512)218-5401 Phone: (512)563-1915
7. Force Majeure. Owner and the City agree that the obligations of each party shall be
subject to force majeure events such as natural calamity, fire or strike or inclement
weather.
8. Conveyance of Property. Any person who sells or conveys any portion of the
Property shall, prior to such sale or conveyance, give written notice of this Agreement to
the prospective purchaser or grantee, and shall give written notice of the sale or
conveyance to the City.
9. Continuity. This Agreement shall run with the Property and be binding on all
successors and grantees of Owner.
10. Signature Warranty Clause. The signatories to this Agreement represent and
warrant that they have the authority to execute this Agreement on behalf of the City and
Owner,respectively.
SIGNED as of this �l day of IV t ,2015.
CITY OF ROUND ROCK,TEXAS
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City of Round Rock,Texas Ivtkvf pre_4_,
ATTEST:
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SARA L.WHITE, City Clerk
THE STATE OF TEXAS }
COUNTY OF WILLIAMSON }
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This instrument was acknowledged before me on the .14+1— day of ,2015,
by cGrerw, as Mayor and on behalf of the City of Round Rock,Texas.
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PROPERTY OWNER
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THE STATE OF TEXAS }
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This instrument was acknowledged before me on the 2.z' day of ' ,cQ ) , 2015,
By'\QJI t ,.141`Pc- , the b )\t 1 of Cressman Enterprises,LP.
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Development Agreement — Cressman
R-2015-2289
AFTER RECORDING, PLEASE RETURN TO:
CITY OF ROUND ROCK
ATTN: SARA WHITE, CITY CLERK
221 E. MAIN STREET
ROUND ROCK, TEXAS 78664
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2015046231
�FI a Nancy E. Rister, County Clerk
<,' Williamson County, Texas
\MSOTi
June 04, 2015 09:27 AM
FEE: $41.00 BARRICK