Contract - Amazon.com Services LLC - CR 172 PUD Owner - 1/11/2024 MUNICIPAL SERVICES AGREEMENT BETWEEN
THE CITY OF ROUND ROCK, TEXAS
AND
COUNTY ROAD 172 PUD OWNER
THIS MUNICIPAL SERVICES AGREEMENT(the "Agreement")is entered into on the
�Lday of S , 2024, by and between the City of Round Rock, Texas,a
home-rule municipality ofbb State of Texas (the "City"), and Amazon.com Services LLC (the
"Owner").
RECITALS
The parties agree that the following recitals are true and correct and form the basis upon
which the parties have entered this Agreement.
WHEREAS,Section 43.0671 of the Texas Local Government Code permits a municipality
to annex an area if each of the owners of the land in an area request the annexation; and
WHEREAS,when a municipality elects to annex such an area,the municipality is required
to enter into a written agreement with the property owners that sets forth services to be provided
by the municipality for the properties in the affected area; and
WHEREAS, the Owner owns a certain parcel of land situated in Williamson County,
Texas, which consists of approximately 149.343 acres of land in the City's extraterritorial
jurisdiction, such property being more particularly described and set forth in Exhibit"A,"attached
hereto and incorporated herein by reference (the "Property"or the"Area"); and
WHEREAS, the Owner has filed a written request with the City for annexation of the
Property pursuant to Section 43.0671, identified as the"County Road 172 PUD Annexation"(the
"Annexation"); and
WHEREAS,the City and Owner desire to set forth the City services to be provided for the
Property on or after the effective date of the Annexation pursuant to Section 43.0672; and
WHEREAS,the Annexation and execution of this Agreement are subject to approval by
the governing body of the City; and
NOW THEREFORE, in exchange for the mutual covenants, conditions and promises
contained herein, the City and the Owner agree as follows:
1. PROPERTY. This Agreement is only applicable to the Property, which is the subject of
the Annexation.
2. INTENT. It is the intent of the City that this Agreement provide the delivery of full,
available municipal services to the Property as described herein, in accordance with State
law,which may be accomplished through any means permitted by law.
�- goqq- coo �
3. MUNICIPAL SERVICES.
A. Commencing on the effective date of the annexation, the City will provide the
municipal services set forth below. For the purposes of this Agreement, the term
"providing services" includes having services provided by any method or means by
which the City may extend municipal services to any other area of the City, including
the City's infrastructure extension policies and the developer or Owner's participation,
in accordance with applicable State law and City ordinances, rules, regulations and
policies.
i. Fire and Police Services. The City will provide these services to the Area.
ii. Planning Zoning, Building and Code Enforcement. The City will provide
comprehensive planning, land development, land use, and building review,
inspection services and code enforcement in accordance with all applicable laws,
ordinances, rules,regulations and policies.
iii. Water and Wastewater. Existing,occupied homes that are using water-well and on-
site sewer facilities on the effective date of annexation may continue to use the
same. If, and when,the Property is developed, platted, or the current use(s) of the
Property changes in the future, landowners shall be required to fund and construct
necessary water and wastewater capital improvements to serve the annexed
Property in accordance with applicable State law and the City's ordinances, rules,
regulations and policies.
iv. Solid Waste Service. Within its corporate boundaries, the City currently contracts
with Central Texas Refuse (dba "CTR") for residential collection only. Any
commercial development in the Area shall contract individually for solid waste
collection services.
B. It is understood and agreed that the City is not required to provide any service that is
not explicitly included in this Agreement.
4. AUTHORITY. The City and the Owner represent that they have full power authority and
legal right to execute, deliver and perform their obligations pursuant to this Agreement.
The Owner acknowledges that approval of the Annexation is within the sole jurisdiction of
the City's governing body. Nothing in this Agreement guarantees favorable decisions by
the City's governing body.
5. SEVERABILITY. If any part,term, or provision of this Agreement is held by the courts
to be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, or
unenforceability will not affect the validity of any other part, term or provision, and the
rights of the parties will be construed as if the part, term, or provision was never a part of
the Agreement.
2
6. INTERPRETATION. The parties to this Agreement covenant and agree that in any
litigation relating to this Agreement, the terms and conditions of this Agreement will be
interpreted in accordance with the laws of the State of Texas.
7. GOVERNING LAW AND VENUE. This Agreement shall be enforceable in Round
Rock,Texas,and if legal action is necessary by either party with respect to the enforcement
of any or all of the terms or conditions herein, exclusive venue for same shall lie in
Williamson County, Texas. This Agreement shall be governed by and construed in
accordance with the laws and court decisions of the State of Texas.
8. GOVERNMENTAL POWERS. It is understood that by execution of this Agreement,
the City does not waive or surrender any of its governmental powers or immunities.
9. WAIVER. The failure of either party to insist on the performance of any term of provision
of this Agreement or to exercise any right granted hereunder shall not constitute a waiver
of that parry's right to insist upon appropriate performance or to assert any such right on
any future occasion.
10.COUNTERPARTS. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original and constitute one and the same instrument.
11. CAPTIONS. The captions to the various clauses of this Agreement are for information
purposes only and shall not alter the substance of the terms and conditions of this
Agreement.
12.AGREEMENT BINDS SUCCESSORS AND RUNS WITH THE PROPERTY. This
Agreement is binding on and inures to the benefit of the parties, their successors, and
assigns. The term of this Agreement constitutes covenants running with the land
compromising the Property and is binding on the Owner.
13. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the
parties and supersedes all prior oral and written agreements between said parties. This
Agreement shall not be amended unless executed in writing by both parties.
Executed as of the day and year first above written to be effective on the effective date of
the annexation of the Property.
CITY OF RgUND ROCK,TEXAS
By: 1`f /P// -
Craij Morg , Mayor
Date: 01 /1] A W 4
3
Attest:
By:
City Clerk
For City,Approved as to Form:
By: G/�/ca�i
Stephanie Sandre,City Attorney
4
OWNER:
AMAZON.COM SERVICES LLC
a Delaware li d liability company
By:
Name: Javier Rojo
Title: Authorized Signatory
5
LXnlblt "A"
METES&BOUNDS DESCRIPTION OF:
TRACT 1-149.343 ACRES
BEING A 149.343 ACRE(6,505,392 SQUARE FEET)TRACT OF LAND SITUATED IN THE JACOB M.HARRELL SURVEY,ABSTRACT 284,CITY OF ROUND ROCK,WILLIAMSON COUNTY,
TEXAS;AND BEING A PORTION OF A CALLED 523.74 ACRE TRACT OF LAND CALLED TRACT 2(A)AS SHOWN ON INSTRUMENT RECORDED IN DOCUMENT NO.1994019607 OF THE
OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY,TEXAS;AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,
BEGINNING AT A 112 INCH IRON ROD FOUND WITH PLASTIC SURVEYOR'S CAP STAMPED"RPLS 4748'FOUND APPROXIMATELY 50 FEET SOUTHEAST OF THE CENTERLINE OF
THE UNION PACIFIC RAILROAD AS SHOWN ON INSTRUMENT RECORDED IN VOLUME 16,PAGE 622 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY,TEXAS;FOR
THE NORTHWEST CORNER OF THIS TRACT;
THENCE,ALONG THE NORTH BOUNDARY LINE OF THIS TRACT,THE FOLLOWING TWO(2)COURSES AND DISTANCES:
1. SOUTH 7949'02"EAST,A DISTANCE OF 58.49 FEET TO A 112 INCH IRON ROD FOUND FOR AN ANGLE CORNER OF THIS TRACT;
2. SOUTH 79'21'27"EAST,A DISTANCE OF 51.20 FEET TO A 1!2 INCH IRON ROD FOUND IN THE WESTERLY RIGHT-OF-WAY LINE.OF COUNTY ROAD 172(CALLED 120'
RIGHT-OF-WAY WIDTH)AS SHOWN ON INSTRUMENT RECORDED IN VOLUME 1160,PAGE 547 OF THE DEED RECORDS OF WILLIAMSON COUNTY,TEXAS;FOR THE
NORTHEAST CORNER OF THIS TRACT;
THENCE,ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 172 AND THE FAST BOUNDARY LINE OF SAID 523.74 ACRE TRACT,THE FOLLOWING THE EIGHT
(8)COURSES AND DISTANCES:
1. SOUTH 20'09'04-EAST,A DISTANCE OF 825.06 FEET TO A 1/2 INCH IRON ROD FOUND FOR AN ANGLE CORNER OF THIS TRACT;
Z SOUTH 20'26'04'EAST,A DISTANCE OF 996.06 FEET TO A 1/2 INCH IRON ROD FOUND FOR A POINT OF CURVATURE OF THIS TRACT;
3. IN A SOUTHEASTERLY DIRECTION,ALONG A TANGENT CURVE TO THE RIGHT,A CENTRAL ANGLE OF 21'34'GO",A RADIUS OF 2040.19 FEET,A CHORD BEARING AND
DISTANCE.OF SOUTH 9-39'04-EAST,763.42 FEET,AND A TOTAL ARC LENGTH OF 767.95 FEET TO A 112 INCH IRON ROD FOUND FOR AN ANGLE CORNER OF THIS TRACT;
4. SOUTH 1'07'56"WEST,A DISTANCE OF 568.02 FEET TO A 112 INCH IRON ROD FOUND FOR A POINT OF CURVATURE OF THIS TRACT;
5. IN A SOUTHEASTERLY DIRECT ION,ALONG A NON-TANGENT CURVE TO THE LEFT,A CENTRAL ANGLE OF 7'22'06",A RADIUS OF 3720.44 FEET,A CHORD BEARING AND
DISTANCE OF SOUTH 2-33'22-EAST,478.13 FEET,AND A TOTAL ARC LENGTH OF 478.46 FEET TO A 1/2 INCH IRON ROD WITH PLASTIC SURVEYOR'S CAP STAMPED-KRA-
SET FOR AN ANGLE CORNER OF THIS TRACT;
6. SOUTH 1'(903"EAST,A DISTANCE OF 104,85 FEET TO A TXDOT MONUMENT(BRASS DISK)FOUND FOR A POINT OF CURVATURE FOR THIS TRACT;
7. IN A SOUTHEASTERLY DIRECTION,ALONG A NON-TANGENT CURVE TO THE LEFT,A CENTRAL ANGLE OF 1"34'56',A RADIUS OF 3080.81 FEET,A CHORD BEARING AND
DISTANCE OF SOUTH 91707'EAST,85.08 FEET,AND A TOTAL ARC LENGTH OF 85.06 FEET TO A POINT IN SAID COUNTY ROAD 172;
THENCE,NORTH 67'41'30"WEST,OVER AND ACROSS SAID 184.435 ACRE TRACT,A DISTANCE OF 2987.97 FEET TO A POINT IN THE EASTERLY RIGHT-OF-WAY LINE OF SAID
UNION PACIFIC RAILROAD,FOR A SOUTHWEST CORNER OF THIS TRACT;
THENCE,ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID UNION PACIFIC RAILROAD,THE FOLLOWING SIX(6)COURSES AND DISTANCES:
1. NORTH 27'50'19'EAST,A DISTANCE OF 601.89 FEET TO A V2 INCH IRON ROD FOUND FOR AN ANGLE CORNER OF THIS TRACT;
2. NORTH 27"51'47"EAST,A DISTANCE OF 1421.30 FEET TO A 112 INCH IRON ROD WITH PLASTIC SURVEYOR'S CAP STAMPED'KHA'SET FOR AN ANGLE CORNER OF THIS
TRACT;
3- NORTH 69'12'10"EAST,A DISTANCE OF 158,33 FEET TO A 1 INCH IRON PIPE FOUND FOR AN INTERIOR CORNER OF THIS TRACT;
4. NORTH 20'47'60'WEST,A DISTANCE OF 139.61 FEET TO A 1/2 INCH IRON ROD WITH PLASTIC SURVEYOR'S CAP STAMPED'KHA"SET FOR AN ANGLE CORNER OF THIS
TRACT;
5. NORTH 28'12'10*EAST,A DISTANCE OF 630.99 FEET TO A 1/2 INCH IRON ROD WITH PLASTIC SURVEYOR'S CAP STAMPED'KHA'SET FOR A POINT OF CURVATURE OF THIS
TRACT;
6. IN A NORTHEASTERLY DIRECTION,ALONG A NON-TANGENT CURVE TO THE RIGHT,A CENTRAL ANGLE OF 12"1V37,A RADIUS OF 6131.80 FEET,A CHORD BEARING AND
DISTANCE OF NORTH 35'12'20"EAST,1300.73 FEET,AND A TOTAL ARC LENGTH OF 1303.18 FEET TO THE POINT OF BEGINNING AND CONTAINING 149,343 ACRES OF LAND,
MORE OR LESS,IN WILLIAMSON COUNTY,TEXAS.THIS DOCUMENT WAS PREPARED IN THE OFFICE OF KIMLEY-HORN AND ASSOCIATES,INC.IN AUSTIN,TEXAS.
SURVEYOR'S NOTES:
THE BEARINGS SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM,CENTRAL ZONE(FIPS 4203)(NAD'83),AS DETERMINED BY THE
GI ORAL POSITIONING SYSTEM(GPS).ALL DISTANCES SHOWN HEREON ARE ON THE SURFACE.TO CONVERT SURFACE.DISTANCES TO THE GRID,APPLY THE
COMBINED SURFACE TO GRID SCALE FACTOR OF 0.9998881092209.THE UNIT OF LINEAR MEASUREMENT IS U.S.SURVEY FEET.AN BOUNDARY EXHIBIT AND A LINE 8
CURVE TABLE WERE CREATED IN CONJUNCTION WITH THIS METES&BOUNDS DESCRIPTION.
THIS DOCUMENT WAS PREPARED UNDER 22 TEXAS ADMINISTRATIVE CODE§138.95,
DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY,AND IS NOT TO BE
USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE.
RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR
RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT EXHIBIT "A"
WAS PREPARED.
LEGAL DESCRIPTION OF
Q� TRACT A - 149.343 ACRES
BEING A PORTION OF THE
---- �j JACOB M.HARRELL SURVEY,ABSTRACT 284
Y KEI PETRUS _�� CITY OF ROUND ROCK,WILLIAMSON COUNTY,TEXAS
R TERED PROFESSIONAL «������
ZACHARY K. PE?RUS
LAND SURVEYOR NO. 6769 ._.........~��. ,. ...j.. Kimley* Horn
10814 JOLLYVILLE ROAD �},� 6769 �
CAMPUS IV, SUITE 200 `���Eii� +'b`
AUSTI N,TEXAS 78759 �� 10814 JOLLYVILLE ROAD,CAMPUS IV TEL.NO.(512)418-117t
SURE', AUST N TEXAS 78759 TBPELS FIRM 010194824 WWW.KIU-EY41ORN.COM
PH. (512)572-66.74 SCALE DRAA 'N BY I CF 'KFP Rv I DATE PRO IFCT NO SHFPT Nti;
ZACH.PETRUSLKIMLEY-HORN.COM N/A RPP ZKP 10/13/2021 168864169 tOF3
PAZITNEY,ROB 10/13/2021 4:03 PM KAAUS_SURVEYIAUSTIN SURVEY PROJECTS1168864169-LAUS1-ROBINSON RANCH SURVEYIDWGIROUND ROCK AMAZON SURVEY ANNI-x.DWG
txnlDit "A"
THIS EXHIBIT WAS PREPARED
WITHOUT THE BENEFIT OF ATITLE
LEGEND L2
P.O.C.=POINT OF COMMENCING P.O.B. L1 SURVEY AND DOES NOT REFLECT
THE LOCATION OF ANY EXISTING
P.O.B.=POINT OF BEGINNING 1/2"IRFC `tt EASEMENTS.THIS IS NOT A LAND
IRFC=IRON ROD WICAP FOUND "RPLS 4748" �� + TITLE SURVEY.
IRSC=IRON ROD W/"KHA"CAP SET 12"IRE
IPF =IRON PIPE FOUND
DRWC=DEED RECORDS
WILLIAMSONOF A OPRWC=OFF CL PUB �gc
PUBLIC RECORDS yvNDPgu
OF WILLIAMSON COUNTY
11Y IRF
pVE
'. IRSC'KH
'KHA'
v
COUNTY ROAD 172
L 1 1 1/2-IRSC
'KHA" tW IRE (CALLED 120'R.O.W.WIDTH)
NORTH L1' (VOL.1160,PG.547 DRWC)
IPF
TRACT A
o qpp BOp 112"IRSC 149.343 ACRES
"KHA" (6,505,392 SQ. FT.) N�stE
G IG SCALE IN FEET Q 112'IRF
°�O
Q�o (PORTION OF) �°
CALLED 523.74 ACRES �y
ROBINSON ASSOCIATES,ET AL
v DOC.NO.1994019807 'p9
v 1/2"IR`
41 Q OPRWC
tVf;- uz•IRF a CALLED 34.14 ACRES
N
JACOB M. HARE;(. SURVEY, BRASS DISK � ROBINSON
UNION PACIFIC ARST.7'.C'T 2B4 ASSOCIATES,ET AL
RAILROAD BRASS DISK (D DOC.NO. 1994019807
OPRWC
CALLED 523.74 ACRES L7
C3
ROBINSON ASSOCIATES,ET AL
DOC.NO. 1994019807
OPRWC
(REMAINDER) S.T aNGo44 WWo�0) LINE TYPE LEGEND
N BOUNDARY LINE
PROPERTY LINE
RAILROAD LINE
SURVEYOR'S NOTES:
THE BEARINGS SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM,CENTRAL ZONE(FIPS 4203)(NAD'83),AS DETERMINED BY THE
GLOBAL POSITIONING SYSTEM(GPS).ALL DISTANCES SHOWN HEREON ARE ON THE SURFACE,TO CONVERT SURFACE DISTANCES TO THE GRID,APPLY THE
COMBINED SURFACE TO GRID SCALE FACTOR OF 0 99988810922097HE UNIT OF LINEAR MEASUREMENT IS U S.SURVEY FEET.A METES&BOUNDS DESCRIPTION
AND A LINE&CURVE TABLE WERE CREATED IN CONJUNCTION WITH THIS TRACT BOUNDARY EXHIBIT.
THIS DOCUMENT WAS PREPARED UNDER 22 TEXAS ADMINISTRATIVE CODE§138.95,
DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY,AND IS NOT TO BE
USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE
RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR
RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT EXHIBIT "B"
WAS PREPARED.
BOUNDARY EXHIBIT OF
r 90F TF TRACT A - 149.343 ACRES
BEING A PORTION OF THE
JACOB M.HARRELL SURVEY,ABSTRACT 284
J31STERED
I H PETRUS ..�....................A.. CITY OF ROUND ROCK,WILLIAMSON COUNTY,TEXAS
PROFESSIONAL ZACHM K. PETRUS
.....................
LAND SURVEYOR NO. 6769 Q7d9 !"
CAMPUS IV TE 200 D ��N S *p Kimley* Horn
r
AUSTIN,TEXAS 78759 10814 JOLLYV+LLE ROAD,CAMPUS IV TEL NO(512)ue-1771
SUITE 200,AUSTIN,TEXAS 78759 TBPELS FIRM#10194624 NAVW KIMLEY-HORN.COM
PH. (512)572-6674 SCALE I DRAWN BY CED By
DATE PROJECT NO. SHEET NO.
ZACH.PETRUS@KIMLEY-HORN.COM NIA RPP ZKP 10l13/2021 168864169 20F3
, . I` I - • . ',i.. ' .,SURVEY PROJECTSN68864169-LAUSI-ROBINSON RANCH SURVEY'DWGIROUND ROCK APVk ON SURVEY-ANNFX C)WG
txniblt ..A..
LINE TABLE
NO, BEARING LENGTH
L1 S79"49'02"E 58.49'
L2 S79'21'27"E 51.20' CURVE TABLE
L3 S20`09'04"Ekl8l5.06' NO. DELTA RADIUS LENGTH CHORD BEARING CHORD
1-4 S20'26'04"E6.06' C1 21'34'00" 2040.19' 767.95' S09'39'04"E 763.42'
L5 S01'07'56"W8.02' C2 7'22'06" 3720.44' 478.46' S02°33'22"E 478.13'
L6 S01°09'03"E 4.85' C3 1'34'56" 3080.81' 85.08' S09'12'07"E 85.08'
L7 N87'41'30'W 2987.97'
L8 N27°50'19"E 601,89'
L9 N27"51'47'E 1421.30'
L10 N69'12'10"E 158.33'
L11 N20'47'50"W 139.61'
L12 N28"12-10"E 630.99'
SURVEYOR'S NOTES:
THE BEARINGS SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM,CENTRAL ZONE(FIPS 4203)(NAU83),AS DETERMINED BY THE
GLOBAL POSITIONING SYSTEM(GPS).ALL DISTANCES SHOWN HEREON AR.=ON THE SURFACE.TO CONVERT SURFACE DISTANCES TO THE GRID,APPLY THE
COMBINED SURFACE TO GRID SCALE FACTOR OF 0.9998881092209.THE UNIT OF LINEAR MEASUREMENT IS U.S.SURVEY FEET.A METES 8 BOUNDS DESCRIPTION
AND BOUNDARY EXHIBIT OF EVEN SURVEY DATE WERE CREATED IN CONJUNCTION WITH THIS LINE TABLE.
THIS DOCUMENT WAS PREPARED UNDER 22 TEXAS ADMINISTRATIVE CODE§138 95,
DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY,AND IS NOT TO BE
USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE
RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR �+„
RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT EXHIBIT „V WAS PREPARED.
LINE & CURVE TABLE FOR
TRACT A - 149.343 ACRES
� tST� BEING A PORTION OF THE
- - JACOB M.HARRELL SURVEY,ABSTRACT 284
H Y KEITI PETRUS STERED PROFESSIONAL '.:"."" CITY OF ROUND ROCK,WILLIAMSON COUNTY,TEXAS
ARY
LAND SURVEYOR NO.6769 U........................
10814JOLLYVILLE ROAD w 6789 ' K.imley))) Horn
CAMPUS IV,SUITE 200
AUSTIN,TEXAS 78759 "se +UPF2 wluE,OAD.TEXAS 76759 lv TEL.NO.(512)418 1771
COO
SUIT 7fA.AUSTIN,TE%A57E759 10rtL5 FIRM>f 101:o-1624 VJVJVJ.KIMLEY-HORN.COM
PH.(512)572-6674 SCALE I DRnwNer I CHECKED BY AST ""W11r„ sHEETNO.
ZACH.PETRUS@KIMLEY-HORN.COM Nun RPP 27(P ta13n021 168864169 3oF3
PAZITNEY,ROB 10,113r021 4.03 PM K'A U£._SURVE'oAUS TIN SURVEY PROJECTS\168864169 LAUS 1 ROBINSON RANCH SURVFY\DWGtROUND ROCK AMAZON SURVEY-ANNEX.DWG