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R-02-02-28-12C1 - 2/18/2002
and ANNEXATION & DEVELOPMENT AGREEMENT FOR ROADWAY FACILITIES John Lewis and Jimmy Nassour, (hereinafter collectively referred to as "Owner "), and the City of Round Rock, a Texas municipality of the County of Williamson, State of Texas, (hereinafter "the City, ") (collectively hereinafter "the Parties, ") do hereby enter into this Annexation & Development Agreement for Roadway Facilities (hereinafter the "Agreement ") for the purposes of providing for an adequate network of arterial roadways to serve the development project described herein, and providing for reimbursements for excess contributions or credits against roadway impact fees. RECITALS Whereas, Owner has pending a request for annexation of a two tracts of land one of which is approximately 22.06 acres in size, (hereinafter the "Commercial Tract ") and the other of which is approximately 65.94 acres in size, (hereinafter the "Residential Tract ") both tracts hereinafter collectively referred to as "the Property," which is located in the northeast planning area of the City and for which a legal description is attached hereto as Exhibit A -1 and Exhibit A -2; and Whereas, Owner has requested C -1 zoning for the Commercial Tract and SF -2 zoning for lig the Gomm reitel Tract (the "Requested Zoning ") for the development of the Property (the "Project "); and Res /Qe4u r /4-L Whereas, there presently are insufficient arterial roads in the vicinity of the Property to support the development of such land as contemplated by the Requested Zoning; and Whereas, it is anticipated that, in the event that annexation is approved for the Property as requested by Owner and the Property is developed, there will be significant traffic impacts on the existing and future arterial road network generated by development of the Property; and Whereas, the City has adopted its Transportation Master Plan delineating arterial roadways needed to serve the development of the Property and other property in the northeast planning area of the City; and Whereas, the City has conducted a study of the estimated cost of constructing the needed arterial roadways serving the Property, as shown on the Transportation Master Plan, and the City has provided a copy of the Transportation Master Plan and the aforementioned study to Owner; Whereas, Owner has requested annexation of the Property in advance of construction of the needed arterial roadways; and Whereas, in exchange for annexation of the Property in advance of the construction of the needed arterial roadways, Owner is willing to pay the Fees (as defined in Section 2 below) to partially offset the City's cost of constructing said arterial roadways; and ANNEXATION & DEVELOPMENT AGREEMENT 00020364.DOC R- c92-02-4,28-/ICI Page 1 Lewis/Nassour Trar Whereas, both Parties acknowledge that the Fees are proportional to the traffic impact anticipated from the proposed development of the Property; and Whereas, the Parties are desirous of assuring that the Project is adequately served with arterial roadways in a timely manner; NOW THEN in consideration of the mutual covenants herein contained, the Parties hereby agree as follows: Section 1. Provision of Roadways and Development Schedule 00020364.DOC A. Access Roads. Owner at its sole expense and in the due course of development of the Property shall provide adequate roadway access to the City's arterial road network serving the Property, consistent with the City's subdivision standards. B. Development Schedule. Development by Owner of the annexed Property described in Exhibits A -1 and A -2 shall progress in accordance with the schedule attached hereto and incorporated by reference as Exhibit B. The land uses, numbers of dwelling units, and the timing of development set forth in Exhibit B are approximate and subject to change. Section 2. Annexation Fees A. Purpose and Basis for Fee. Owner acknowledges that the existing roadways in the vicinity of the Project and the Property are inadequate to serve the development as proposed by the Owner. In consideration for City agreeing to annex the Property and allowing the Owner to begin its Project, Owner agrees to pay fees to the City for said annexation. Said fees accrue when the Property is annexed and are paid and calculated as set forth below. The annexation fees ( "Fees ") provided for herein are based upon the traffic impact anticipated from the Requested Zoning. B. Amount of Fees. Owner agrees to pay to the City annexation Fees in the amount of $3,600 per Project Net Developable Acre in the Residential Tract and $2,200 per Project Net Developable Acre in the Commercial Tract. The Project, if developed in accordance with the Requested Zoning, will contain approximately JQ 7net developable acres in the Residential Tract and approximately aji,net developable acres in the Commercial Tract and being the total acres contained in the Property, net of 7. /1 acres to be dedicated as parkland (the "Project Net Developable Acres "). The total amount of Fees, shall be payable as set forth in this Agreement. C. Modification of Fees. If the actual zoning of the Property, or portion thereof, is different from the Requested Zoning, then (i) the Parties agree that the annexation Fees may be recalculated to reflect any change in traffic impact as set forth in ANNEXATION & DEVELOPMENT AGREEMENT Page 2 Lewis/NassouJl'ract 00021548.DOC B. Amount of Fees. Owner agrees to pay to the City annexation Fees in the amount of $3,600 per Project Net Developable Acre in the Residential Tract and $2,200 per Project Net Developable Acre in the Commercial Tract. The Project, if developed in accordance with the Requested Zoning, will contain approximately 65.94 net developable acres in the Residential Tract and approximately 22.06 net developable acres in the Commercial Tract and being the total acres contained in the Property (the "Project Net Developable Acres "). The total amount of Fees, shall be payable as set forth in this Agreement. C. Modification of Fees. If the actual zoning of the Property, or portion thereof, is different from the Requested Zoning, then (i) the Parties agree that the annexation Fees may be recalculated to reflect any change in traffic impact as set forth in subparagraphs (1) and (2) below, or (ii) the Owner may request disannexation as provided in subparagraphs (3) or (4) below. (1) If any such recalculation pursuant to clause (i) above results in increased Fees, then Owner shall have the option of paying the increased Fees or requesting disannexation of the Property, and upon disannexation, Owner will be entitled to a refund of any Fees previously paid. (2) If any such recalculation pursuant to clause (i) above results in a reduced Fees, and if disannexation is not requested and approved pursuant to subparagraph (4) below, then Owner shall be entitled to a refund of Fees previously paid. (3) In the event that Owner disannexation because of increased Fees, the City shall have the option of either approving the disannexation of the Property or accepting the Fees provided for herein based upon the Requested Zoning. (4) In the event that Owner requests disannexation because Owner does not receive the Requested Zoning and the result is decreased Fees, and if the City does not disannex the Property, then this Agreement shall be null and void and the Parties shall have no further duties, obligations, or rights hereunder, including without limitation the obligation to dedicate right -of -way as provided in this Agreement. D. Waiver and Acknowledgment. Owner (i) unconditionally waives any claim that payment of Fees or construction of improvements pursuant to this Agreement constitutes imposition of an unauthorized roadway impact fee within the meaning of Tex. Loc. Gov't Code ch. 395 or otherwise is inconsistent with such law; (ii) ANNEXATION & DEVELOPMENT AGREEMENT Page 3 Lewis/Nassour Tract by the approval and recording of a final plat shall be limited to the portion of the Property included within said plat. F. Payment on Sale of Property. In the event that the Property or any portion thereof is sold prior to the time for payment of Fees provided in Section 2.E, all fees shall become immediately due and owing for the portion of the Property sold, unless the purchaser with the consent of the City assumes all obligations imposed under this Agreement. The aforesaid consent of the City shall not be unreasonably withheld. G. Rezoning. In the event that the Property or any portion thereof is rezoned, Owner agrees that the City either may impose additional fees for the portion of the Property rezoned for new land uses or the new zoning classification. Section 3. Waiver of Roadway Impact Fees and Discounts 00020364.DOC A. In the event that the City adopts a roadway impact fee program that becomes applicable to the Property following payment of Fees, the City agrees to waive payment of roadway impact fees or, in the event of rezoning, credit payment of Fees against roadway impact fees due with respect to the Property and/or other Property which may now or hereafter be owned by Owner in transportation planning area of the City in which the Property is located. B. The City agrees to discount Fees by an amount equal to the proportional value of improvements to arterial roadways designated in the Transportation Master Plan by Owner, as specified under Section 1, or as may be subsequently agreed to. Should the value of such improvements exceed the amount of Fees due for the Property, the City agrees to reimburse Owner for excess costs incurred from the proceeds of Fees or roadway impact fees collected from other developments served by such facilities. Section 4. General Provisions A. Assignment. This Agreement, any part thereof, or any interest herein shall not be assigned by Owner without the express written consent of the City. Regardless of the foregoing, Owner shall have the right to assign its interest herein to an entity in which it maintains a majority ownership interest as long as written notice is given to the City twenty (20) days prior to said assignment. Any such assignment shall contain a provision that the assignee waives and acknowledges the matters set out in Section 2.D herein. B. Effect of Failure to Annex. In the event that the City fails to annex the Property as requested by Owner, or portion thereof, this Agreement shall be deemed null and void with respect to such Property or portion thereof. ANNEXATION & DEVELOPMENT AGREEMENT Page 4 Lewis/Nassour Tract 00020364.DOC C. Waiver. No covenant or condition of this Agreement may be waived without consent of the Parties. Forbearance or indulgence by the City shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. D. Independent Contractor Status. Owner agrees that it is an independent contractor and not an officer, agent or servant or employee of the City; that Owner shall have exclusive control of and right to control the details of the work performed hereunder and all persons performing same, and shall be responsible for the acts and omissions of its officers, agents, employees, contractors, subcontracts and consultants; that the doctrine of respondeat superior shall not apply as between or among the City, Owner, its officers, agents, employees, contractors, subcontractors and consultants, and nothing herein shall be constructed as creating a partnership or joint enterprise between and/or among the City, and/or Owner. E. Venue. Venue of any action brought hereunder shall be in Williamson County, Texas. F. Third Party Beneficiaries. For purposes of this Agreement, including its intended operation and effect, the Parties specifically agree that (1) the Agreement only affects matters/disputes between the Parties to this Agreement, and is in no way intended by the Parties to benefit or otherwise affect any third person or entity, other than Owner's lender, notwithstanding the fact that such third person or entities may be in a contractual relationship with the City or Owner or both; and (2) the terms of this Agreement are not intended to release, either by contract or operation of law, any third person or entity from obligations owing by them to either the City or Owner. G. Authority to Act. The Parties each represent and warrant that the signatories on this Agreement are authorized to execute this Agreement and bind his/her principals to the terms and provisions hereof. Each Party warrants that any action required to be taken in order for this Agreement to be binding on it has been duly and properly taken prior to the execution of this Agreement. H. Incorporation of Recitals. The recitals contained at the beginning of this Agreement shall be deemed a part of the Agreement and hereby are incorporated by reference herein. I. No Guarantee of Zoning. Nothing contained in this Agreement shall be construed as obligating the City to zone the Property in conformity with the zoning requested by Owner. J. Covenant Running With the Land. The covenants contained herein shall run with the land and bind all successors, heirs and assignees of the Property owner. In ANNEXATION & DEVELOPMENT AGREEMENT Page 5 Lewis/Nassour TrSCt 00020364.DOC addition, this Agreement shall be filed of record in the Real Property Records of Williamson County, Texas as evidence thereof. K. Releases. Provided there exists no event of default under this Agreement, Owner will be entitled to have all or a portion of the Property released from the terms and conditions of this Agreement upon full payment of the Fees due for the Property or portion thereof. At the time a partial release is requested, the Owner must furnish the City a calculation of area by field notes and a plat indicating the area to be released. All expenses incident to the granting of releases will be borne by the Owner. IN WITNESS WHEREOF, the Parties to these presents have executed this Contract in two (2) counterparts, each of which shall be deemed an original on this the / /64, day of February, 2002. ANNEXATION & DEVELOPMENT AGREEMENT CITY OF ROUND ROCK, TEXAS Page 6 LewisMasseur Tr THE STATE OF TEXAS COUNTY OF WILLIAMSON BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Robert A. Stluka, Jr., known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that he has authority to act on behalf of the City of Round Rock, and that he executed same for the purposes and consideration therein expressed and in the capacity therein stated. 2002. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the OV) d y of February, CHRISTINE R.MARTINEZ MY COMMISSION EXPIRES August 2S. 2005 THE STATE OF TEXAS COUNTY OF WILLIAMSON 2002. ELIZABETH HAYNES NOTARY PUBLIC State of Texas Comm. Exp. 04.24 - 2002 00020364.DOC Public in and for t State of Texas Notary's Printed Name § BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared John Lewis, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed same for the purposes and consideration therein expressed . GIVEN UNDER MY HAND AND SEAL OF OFFICE this the /t day of February, ANNEXATION & DEVELOPMENT AGREEMENT Page 7 CITY OF ROUND ROCK ACKNOWLEDGMENT ,thvv JOHN LEWIS ACKNOWLEDGMENT ajetk #CY Notary Pul !li=r t» State of Texas Notary's Printed Name Lewis/Nassour Tract THE STATE OF TEXAS COUNTY OF WILLIAMSON 2002. 00020364.DOC AISHA D. DELAFUENTE NOTARY Pusuc STATE OF PEW MY Comm FOP. 02-08-2003 § JIMMY NASSOUR ACKNOWLEDGMENT BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Jimmy Nassour, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 1 I day of February, ANNEXATION & DEVELOPMENT AGREEMENT Page 8 Not Public in and for the State of Texas Notary D. Dc La Funk Notary's Printed Name Lewis/Nassour Tract 22.06 Acre Tract Page 1 of 2 DESCRIPTION FOR A 22.06 ACRE TRACT OF LAND SITUATED IN THE ROBERT MCNUTT SURVEY, ABSTRACT NO 422, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 93.13 ACRE TRACT OF LAND AS DESCRIBED IN THAT DEED TO BARNES 93 ACRES. LTD., ET AL. BY INSTRUMENT RECORDED AS DOCUMENT NO. 9911566 OF THE OFFICIAL RECORDS OF SAID COUNTY AND AS DESCRIBED IN THAT DEED TO JAMES D. GRESSETT BY INSTRUMENT RECORDED AS DOCUMENT NO. 2000004166 OF THE OFFICIAL RECORDS OF SAID COUNTY, SAID 22.06 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod with a TxDot aluminum cap found on the east line of said 93.13 Acre Tract, and on the west line of a called 206.29 Acre Tract, (Tract 1), of land as described in that deed to Beverly Johnson Gordon by instrument recorded as Document No. 9835986 of the Official Records of said county, and for the northeast comer of a called 3.167 Acre Tract, (Parcel No. 6), of land as described in that right of entry, possession, and construction easement to Williamson County, Texas, by instrument recorded as Document No. 2000004168 of the Official Records of said county, and for the southeast comer and POINT OF BEGINNING of the herein described tract, from which an iron rod set for the northeast corner of said 93.13 Acre Tract bears NO2 °22'33 "W a distance of 2,652.43 feet and from which the southeast comer of said 93.13 Acre Tract bears S02 °23'33 "E a distance of 105.99 feet; THENCE with the north line of said 3.167 Acre Tract, through said 93.13 Acre Tract, with the south line of the herein described tract, the following three (3) courses and distances: With the arc of a curve to the left, passing at an arc distance of 135.70 feet a Type II TxDot monument found, in all for a total arc distance of 800.38 feet, with a central angle of 04 °00'56 ", a radius of 11,420 feet and a chord which bears S78 °11'20 "W for a distance of 800.21 feet to a Type II TxDot monument found for the end of said curve and an angle point, S 13 °49' 17 "E for a distance of 20.01 feet to a Type II TxDot monument found for a point of curvature, 3. With the arc of a curve to the left, passing at an arc distance of 349.06 feet a Type II TxDot monument found, in all for a total arc distance of 626.32 feet with a central angle of 03 °08'52 ", a radius of 11,400 feet and a chord which bears S74 °35'38 "W for a distance of 626.24 feet to a Type 11 TxDot monument found, on the north right -of -way line of U.S. Highway 79, (right -of -way width varies), for the northwest comer of said 3.167 Acre Tract, and the most southerly southwest corner of the herein described tract; THENCE with the south boundary line of said 93.13 Acre Tract, and the north right -of- way line of U.S. Highway 79, N54 °21'06 "W for a distance of 9.36 feet to a Type 11 TxDot monument found on the east right -of -way of County Road 122, (right -of -way width varies), for the most westerly southwest corner of the said 93.13 Acre Tract, and for the most westerly southwest comer of the herein described tract, THENCE departing said north right -of -way line of U.S. Highway 79, with the west boundary line of said 93.13 Acre Tract, and the east right -of -way line of County Road 122, NO2 °43'25 "W for a distance of 639.07 feet to an iron rod set for the south comer of that certain 2.301 Acre Tract of land described in a right of entry, possession, and construction easement to Williamson County, Texas, by instrument recorded as Document No, 2000004168 in the Official Records of said county; EXHIBIT A -1 22.06 Acre Tract Page 2 of 2 THENCE through said 93.13 Acre Tract, with the east line of said 2.301 Acre Tract and the west line of the herein described tract, the following two (2) courses and distances: 1. With the arc of a curve to the left having an arc length of 245.92 feet, with a central angle of 23 °07'31 ", a radius of 609.30 feet and a chord which bears N08 °44'06 "E for a distance of 244.26 feet to an iron rod set for a point of tangency, 2. NO2 °49'40 "W for a distance of 121.54 feet to an iron rod set for the northwest comer of the herein described tract; THENCE leaving the east line of said 2.301 Acre Tract and continuing through the interior of said 93.13 Acre Tract the following five (5) courses and distances: 1. N87 °10'20 "E for a distance of 200.00 feet to an iron rod set on an angle point of the herein described tract, 2. S02 °49'40 "E for a distance of 100.00 feet to an iron rod set on an angle point of the herein described tract, 3. N87 °10'20 "E for a distance of 834.92 feet to an iron rod set on an angle point of the herein described tract, 4. S02 °22'33 "E for a distance of 319.35 feet to an iron rod set on an angle point of the herein described tract, 5. N87 °37'27 "E for a distance of 325.00 feet to an iron rod set on the east boundary line of said 93.13 Acre Tract, same being on the west boundary line of said 209.26 Acre Tract, (Tract 1), for the most easterly northeast corner of the herein described tract; THENCE with the east boundary line of said 93.13 Acre Tract, same being the west boundary line of said 206.29 Acre Tract, S02 °22'33 "E for a distance of 302.87 feet to the POINT OF BEGINNING of the herein described tract, and containing 22.06 Acres of Land, more or less. Survey under the direct supervision of the undersigned: cc A. Hunt stered Professional Land Surveyor No.4328 BAKER - AICKLEN & ASSOCIATES, INC. 203 E. Main Street, Suite 201 Round Rock, Texas 78664 o:597- 706\field notes 9 -26-00 4 0 D aet NUMBER DELTA 000RO SEARING 040705' ARC' 011050' CI 04 3 79.11'20" 9 1420.00 800.38 600.21 02 03•06'35 0 74•35'38 W 0400.00 626.32 626.24 C3 23•07'31" N 09 E 609.30 245.92 244.26 04 00.30'06" N 30.24'49"E 5420.00 99.17 99.97 06 02.61'22" 6 73.09" W 8524.16 574.49 374.43 06 03.48'04" S 75.22190" W 551016 757.50 757.36 W0.4AMSON 000670. TEXAS RENO OF 257257. 7099E5910N ONS r0WC rioN E49E4N'N r DOC.0200000440 2.301 ACRES PARCEL NO. • NUMBER L■ L2 13 L• L5 L6 L7 Le DIRECTION 8 11•491T" E N 02 W N 47.9720" E 6 02 "E 8 97.4916 w N 64 N 9 02•2555" t N 5014'36" W 07904X02 20.01' 121154' 200.00' 10000' 3006' 9.36' 705.99' 02E2' IRON ROD W /KUMINUM CAP • IRON ROD SET 0 IRON ROD FOUND • CONC.MOMlMENT FOUND • POINT CF BEGINNING RECORD NFORMARON ( ) SKETCH TO ACCOMPANY FI EQ D NOTES TES 91VER J UMI90N 60X007. 000. /9633966 206 ;9 40929 TRACT 3 49245140 OASIS - 750 C0050 92•5010 0974 600.58 0007 ARC PER DOCUMENT N0. 2000004468 OF 042 0971CI41 ECORO. OF WELIAMBOM COUNTY, TEXAS. rop0red By: 7ce A. Hunt, R.P.45., Number 4328 203 E M0IR 57,, Suits 201 Round Rock, TX 78664 N 67 E 67.30'42" 0420.97 Ix E/ BARNS 93 ACRES. 170. 17 AL. 000. 0996666 AND 000. /2000004166 OF • CALLED 93.13 ACRE TRACT b MCNUTT PAflK L6 CAB J. 6L0 LOTS N 60.26'45" E 514.54' O GB Y 79 U.S. NO Zzaa WILIAMSON COUNTY, 72045 RIONT Or ENTERS, P09S2961UN. CO 000 0 T 3.M7 ACRES PARCEL NO.6 File: 597- 706 -24 BT: B JOHNSON V1 A. 135.7 BEARING 6,4315 400' Baker- Alckle & Auoo1.S••, Ina. E yl eon / Surveyors FAA mmr: W: \PROJECTS \94RNE690 \95909492 65.94 Acre Tract Page 1 of 2 DESCRIPTION FOR A 65.94 ACRE TRACT OF LAND SITUATED IN THE ROBERT MCNUTT SURVEY, ABSTRACT NO. 422, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 93 13 ACRE TRACT OF LAND AS DESCRIBED IN THAT DEED TO BARNES 93 ACRES, LTD., ET AL., BY INSTRUMENT RECORDED AS DOCUMENT NO. 9911566 OF THE OFFICIAL RECORDS OF SAID COUNTY AND DESCRIBED IN THAT DEED TO JAMES D. GRESSETT BY INSTRUMENT RECORDED AS DOCUMENT NO. 2000004166 OF THE OFFICIAL RECORDS OF SAID COUNTY, SAID 65.94 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod set for the northwest corner of said 65.94 Acre Tract, same being the northeast comer of a 2.301 Acre Tract, (Parcel 4), of land as described in that right of entry, possession, and construction easement to Williamson County, Texas, by instrument recorded as Document No. 2000004168 in the Williamson County, Texas, Official Records, being the northwest comer and POINT OF BEGINNING of the herein described tract, from which an iron rod found on the east right -of -way line of County Road 122, for the northwest corner of said 93.13 Acre Tract, and the northwest comer of said 2.301 Acre Tract , bears S87 °49' 15 "W a distance of 30.08 feet; THENCE with the north boundary line of said 93.13 Acre Tract, N87 °49' 15 "E, passing at a distance of 0.07 feet an iron rod found for the southwest comer of Lot 2, McNutt Park, a subdivision, according to the plat thereof recorded in Cabinet J, Slide 12 of the Plat Records of said county, said point being 0.31 feet north of said north line, and passing at a distance of 514.59 an iron rod found for the southeast corner of said Lot 2, said point being 3.67 feet north of said north line, continuing with the north line of said 93.13 Acre Tract same being the south boundary line of that certain 20629 Acre Tract, (Tract 3), as conveyed to Beverly Johnson Gordon by deed as described in Document No. 9835986 of the Official Records of said county, in all for a total distance of 1,390.71 feet to an iron rod set for the northeast comer of said 93.13 Acre Tract, the northwest comer of said 206.29 Acre Tract, (Tract I), of land conveyed to said Beverly Johnson Gordon, and for the northeast corner of the herein described tract; THENCE with the east boundary line of said 93.13 Acre Tract, and the west boundary line of said 206.29 Acre Tract, (Tract 1), S02 ° 22'33 "E for a distance of 2,349.61 feet to an iron rod set for the southeast comer of the herein described tract, from which an iron rod with aluminum cap found for the northeast corner of a 3.167 Acre Tract, (Parcel 6), of land as described in Document No. 2000004168, bears S02 ° 22'33 "E a distance of 302.87 feet; THENCE departing the west boundary line of said 206.29 Acre Tract through the interior of said 93.13 Acre Tract, the following five (5) courses and distances: 1. S87 °37 "27 "W for a distance of 325.00 feet to an iron rod set for an angle point of the herein described tract; 2. NO2 °22'33 "W for a distance of 319.35 feet to an iron rod set for an angle point of the herein described tract; 3. S87 °10'20 "W for a distance of 834.92 feet to an iron rod set for an angle point of the herein described tract; 4. NO2 °49'40 "W for a distance of 100.00 feet to an iron rod set for an angle point of the herein described tract. EXHIBIT A -2 65.94 Acre Tract Page 2 of 2 5. S87 °10'20 "W for a distance of 200.00 feet to an iron rod set on the east line of said 2.301 Acre Tract, for the southwest corner of the herein described tract; THENCE continuing through the interior of said 93.13 Acre Tract with the east line of said 2.301 Acre Tract, the following three (3) courses and distances: 1. NO2 °49'40 "W for a distance of 935.88 feet to an iron rod set for an angle point of the herein described tract; 2. NO2 °29' 56' W for a distance of 342.37 feet to an iron rod set for an angle point of the herein described tract; 3. N04° 15'45 "W for a distance of 665.34 feet to the POINT OF BEGINNING of the herein described tract, and containing 65.94 Acres of Land, more or less. Surveyed under the direct supervision of the undersigned: rl / .a ' 'ce A. Hunt stered Professional Land Surveyor No.4328 BAKER - AICKLEN & ASSOCIATES, INC. 203 E. Main Street, Suite 201 Round Rock, Texas 78664 0:\597.70609e16 notes 65 AC 9.27.00 911 L RON ROD W /ALUMINUM CAP • IRON ROO SET 0 IRON ROD FOUND • CONC.MONUMENr FOUND • POINT OF BEGINNING RECORD RNF0RWn011 ( ) SKETCH TO ACCOMPANY FIELD NOTES TES ALIAMSON COON r r. TEXAS ROOM OF ENTERT. POSSESSION. CONSTRUCTION EASEMENT 000, 12000 2.SDI ACRES EL N0. • NUMBER LI L2 L3 L4 L6 L6 L7 LS DETECTION S 13.4977" E N 00 W 8 8r:0 w x 02.49'40" w 3 87.406" W x 34 W 3 02 E DISTANCE 20.07 421.54' 200.00' 1 30.08' 9.36' 105.98' N 64 W 112.32' 48EAR018 OASIS - THE CHORD SEARING OF A 800.38 FOOT ARC PER DOCUMENT NO. 200000488 OF TIC OPPICIAL RECORDS OF WILLIAMSON COUNTY. TENAS. Prepared 7 ce A. Hunt, R.P.L.S.. Number 4328 203 E. Main SI., Suite 201 Round Rack. TX 78669 MCNUff PAflN L3 CAB�OTEpB N 50.26'46" E 314.34' N 8748'IS" E 1390.74' 13 87•37'42 E1 0400.19 BEV9RL7 JOHNSON GORDON DOC. /9635306 20629 ACRES 74400 83.94 ACRES DOC. 0 A N0 030 / OF A CALLED 93.13 ACRE TRACT IONIA 79 File, 597 - 706 -24 97, 8 JOHNSON 74 06130 %ERRING 84816 7. 400' MOUSER CI 22 C3 C4 C3 C6 DELTA 04 0 23 0830'06" omen" 06 CHORD BEARING • S 76.720 " 9 74 w N 0•44'06" 1 N 80 E a 78 S 78 W RADIUS 11420.00 9400.00 50630 9420.00 8824.16 6919.8 ARC 000.38 62032 2409E 95.17 ST4.39 T52..50 CHORD' 50021 828.24 244.28 89.97 674.43 757.36 MONT OF ENTE CONSTRUCTION EASEMENT DOC 1200000481 3)67 ACRES PARCEL N0.6 Baker- Aicklen a Associates, Ina Enpineels / Su,v.yorw 00. eat.: W;\IROJECTB \9ARNE893 \93IC9ASE Development Stage Estimated Date Preliminary Plan Approval r /- Z " e- Final Plat Approval for Residential Tract S fZ • / - 440'.-Vi "GOV Construction Plan Approval for Residential Tract S Estimated Building Permits for Residential Tract / — /,� 2a Buildout of Residential Tract . to 0 2 ,J toe Final Plat Approval for Commercial Tract ZOO °- f Construction Plan Approval for Commercial Tract Z 0-0 `It Estimated Building Permits for Commercial Tract ZO m Buildout of Commercial Tract 0 0.3— The following is the estimated development schedule for the Property. This schedule and all dates are subject to change depending on, among other things, the timing of governmental approvals. ANNEXATION & DEVELOPMENT AGREEMENT 00020364.DOC ,2 -( g- ac,/ Exhibit B (Development Schedule) Page 12 L.ewis/Nassour Tract I 3 CITY OF ROUND ROCK ADMINISTRATION 221 EAST MAIN STREET ROUND RE/GK, TEXAS 78664 RESOLUTION NO. R- 02- 02- 28 -12C1 WHEREAS, the City of Round Rock wishes to enter into an Annexation & Development Agreement for Roadway Facilities with John C. Lewis and Jimmy Nassour for 88.00 acres of land out of the Robert McNutt Survey, A -422, in Williamson County, Texas, 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 Annexation & Development Agreement for Roadway Facilities with John C. Lewis and Jimmy Nassour for 88.00 acres of land out of the Robert McNutt Survey, A -422, in Williamson County, Texas, a copy of said Agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. 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 28th day of February, ATTEST: k �n CHRISTINE R. MARTINEZ, City Secret .. ODMA\ wowoox\ o:\ wnox\ RESOL "T \0ooaiz44.wen /:zozzeci /e= 2002. ter„ ROBE . STLUKA, JR., Mayor City of Round Rock, Texas ANNEXATION & DEVELOPMENT AGREEMENT FOR ROADWAY FACILITIES John Lewis and Jimmy Nassour, (hereinafter collectively referred to as "Owner "), and the City of Round Rock, a Texas municipality of the County of Williamson, State of Texas, (hereinafter "the City, ") (collectively hereinafter "the Parties, ") do hereby enter into this Annexation & Development Agreement for Roadway Facilities (hereinafter the "Agreement ") for the purposes of providing for an adequate network of arterial roadways to serve the development project described herein, and providing for reimbursements for excess contributions or credits against roadway impact fees. RECITALS Whereas, Owner has pending a request for annexation of a two tracts of land one of which is approximately 22.06 acres in size, (hereinafter the "Commercial Tract ") and the other of which is approximately 65.94 acres in size, (hereinafter the "Residential Tract ") both tracts hereinafter collectively referred to as "the Property," which is located in the northeast planning area of the City and for which a legal description is attached hereto as Exhibit A -1 and Exhibit A -2; and Whereas, Owner has requested C -1 zoning for the Commercial Tract and SF -2 zoning for the Eroxxnorcial Tract (the "Requested Zoning ") for the development of the Property (the "Project "); and (?e$(e/vf141. Whereas, there presently are insufficient arterial roads in the vicinity of the Property to support the development of such land as contemplated by the Requested Zoning; and Whereas, it is anticipated that, in the event that annexation is approved for the Property as requested by Owner and the Property is developed, there will be significant traffic impacts on the existing and future arterial road network generated by development of the Property; and Whereas, the City has adopted its Transportation Master Plan delineating arterial roadways needed to serve the development of the Property and other property in the northeast planning area of the City; and Whereas, the City has conducted a study of the estimated cost of constructing the needed arterial roadways serving the Property, as shown on the Transportation Master Plan, and the City has provided a copy of the Transportation Master Plan and the aforementioned study to Owner; and Whereas, Owner has requested annexation of the Property in advance of construction of the needed arterial roadways; and ANNEXATION & DEVELOPMENT AGREEMENT Page 00020364. DOC EXHIBIT A " Lewis/Nassour Tracts Whereas, in exchange for annexation of the Property in advance of the construction of the needed arterial roadways, Owner is willing to pay the Fees (as defined in Section 2 below) to partially offset the City's cost of constructing said arterial roadways; and Whereas, both Parties acknowledge that the Fees are proportional to the traffic impact anticipated from the proposed development of the Property; and Whereas, the Parties are desirous of assuring that the Project is adequately served with arterial roadways in a timely manner; NOW THEN in consideration of the mutual covenants herein contained, the Parties hereby agree as follows: Section 1. Provision of Roadways and Development Schedule A. Access Roads. Owner at its sole expense and in the due course of development of the Property shall provide adequate roadway access to the City's arterial road network serving the Property, consistent with the City's subdivision standards. B. Development Schedule. Development by Owner of the annexed Property described in Exhibits A -I and A -2 shall progress in accordance with the schedule attached hereto and incorporated by reference as Exhibit B. The land uses, numbers of dwelling units, and the timing of development set forth in Exhibit B are approximate and subject to change. Section 2. Annexation Fees A. Purpose and Basis for Fee. Owner acknowledges that the existing roadways in the vicinity of the Project and the Property are inadequate to serve the development as proposed by the Owner. In consideration for City agreeing to annex the Property and allowing the Owner to begin its Project, Owner agrees to pay fees to the City for said annexation. Said fees accrue when the Property is annexed and are paid and calculated as set forth below. The annexation fees ( "Fees ") provided for herein are based upon the traffic impact anticipated from the Requested Zoning. ANNEXATION & DEVELOPMENT AGREEMENT Page 2 LewisMassour Tract 00020364.DOC �,^ ANNEXATION & DEVELOPMENT AGREEMENT Page 3 Lewis/Nassour Tract 00021548.DOC B. Amount of Fees. Owner agrees to pay to the City annexation Fees in the amount of $3,600 per Project Net Developable Acre in the Residential Tract and $2,200 per Project Net Developable Acre in the Commercial Tract. The Project, if developed in accordance with the Requested Zoning, will contain approximately 65.94 net developable acres in the Residential Tract and approximately 22.06 net developable acres in the Commercial Tract and being the total acres contained in the Property (the "Project Net Developable Acres "). The total amount of Fees, shall be payable as set forth in this Agreement. C. Modification of Fees. If the actual zoning of the Property, or portion thereof, is different from the Requested Zoning, then (i) the Parties agree that the annexation Fees may be recalculated to reflect any change in traffic impact as set forth in subparagraphs (1) and (2) below, or (ii) the Owner may request disannexation as provided in subparagraphs (3) or (4) below. (1) If any such recalculation pursuant to clause (i) above results in increased Fees, then Owner shall have the option of paying the increased Fees or requesting disannexation of the Property, and upon disannexation, Owner will be entitled to a refund of any Fees previously paid. (2) If any such recalculation pursuant to clause (i) above results in a reduced Fees, and if disannexation is not requested and approved pursuant to subparagraph (4) below, then Owner shall be entitled to a refund of Fees previously paid. (3) In the event that Owner disannexation because of increased Fees, the City shall have the option of either approving the disannexation of the Property or accepting the Fees provided for herein based upon the Requested Zoning. (4) In the event that Owner requests disannexation because Owner does not receive the Requested Zoning and the result is decreased Fees, and if the City does not disannex the Property, then this Agreement shall be null and void and the Parties shall have no further duties, obligations, or rights hereunder, including without limitation the obligation to dedicate right -of -way as provided in this Agreement. D. Waiver and Acknowledgment. Owner (i) unconditionally waives any claim that payment of Fees or construction of improvements pursuant to this Agreement constitutes imposition of an unauthorized roadway impact fee within the meaning of Tex. Loc. Gov't Code ch. 395 or otherwise is inconsistent with such law; (ii) unconditionally acknowledge that fees provided for herein are proportional to the traffic impact anticipated from Owner's proposed development of the Property; and (iii) hereby indemnifies the City, and all of its officials, officers, agents, consultants, and employees, collectively or individually, personally or in their official capacities, from all claims, suits or causes of any nature whatsoever, whether real or asserted, arising from such claims that may be filed or asserted by Owner's successors -in- interest. E. Time for Payment. Fees shall be paid as follows: (1) Within thirty (30) days after the effective date of the zoning classification(s) established for newly annexed Property, 20% of the Fees shall be paid; (2) The remainder of the Fees shall be paid at the earlier of the following events: (1) three years from the effective date of the ordinance annexing the Property; or (2) following approval but prior to recording of a final plat of the the Property or portion thereof. The payment of Fees triggered by the approval and recording of a final plat shall be limited to the portion of the Property included within said plat. F. Payment on Sale of Property. In the event that the Property or any portion thereof is sold prior to the time for payment of Fees provided in Section 2.E, all fees shall become immediately due and owing for the portion of the Property sold, unless the purchaser with the consent of the City assumes all obligations imposed under this Agreement. The aforesaid consent of the City shall not be unreasonably withheld. G. Rezoning. In the event that the Property or any portion thereof is rezoned, Owner agrees that the City either may impose additional fees for the portion of the Property rezoned for new land uses or the new zoning classification. Section 3. Waiver of Roadway Impact Fees and Discounts A. In the event that the City adopts a roadway impact fee program that becomes applicable to the Property following payment of Fees, the City agrees to waive payment of roadway impact fees or, in the event of rezoning, credit payment of Fees against roadway impact fees due with respect to the Property and/or other Property which may now or hereafter be owned by Owner in transportation planning area of the City in which the Property is located. ANNEXATION & DEVELOPMENT AGREEMENT Page 4 Lewis/Nassour T 1 00020364.DOC B. The City agrees to discount Fees by an amount equal to the proportional value of improvements to arterial roadways designated in the Transportation Master Plan by Owner, as specified under Section 1, or as may be subsequently agreed to. Should the value of such improvements exceed the amount of Fees due for the Property, the City agrees to reimburse Owner for excess costs incurred from the proceeds of Fees or roadway impact fees collected from other developments served by such facilities. Section 4. General Provisions A. Assignment. This Agreement, any part thereof, or any interest herein shall not be assigned by Owner without the express written consent of the City. Regardless of the foregoing, Owner shall have the right to assign its interest herein to an entity in which it maintains a majority ownership interest as long as written notice is given to the City twenty (20) days prior to said assignment. Any such assignment shall contain a provision that the assignee waives and acknowledges the matters set out in Section 2.D herein. B. Effect of Failure to Annex. In the event that the City fails to annex the Property as requested by Owner, or portion thereof, this Agreement shall be deemed null and void with respect to such Property or portion thereof. C. Waiver. No covenant or condition of this Agreement may be waived without consent of the Parties. Forbearance or indulgence by the City shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. D. Independent Contractor Status. Owner agrees that it is an independent contractor and not an officer, agent or servant or employee of the City; that Owner shall have exclusive control of and right to control the details of the work performed hereunder and all persons performing same, and shall be responsible for the acts and omissions of its officers, agents, employees, contractors, subcontracts and consultants; that the doctrine of respondeat superior shall not apply as between or among the City, Owner, its officers, agents, employees, contractors, subcontractors and consultants, and nothing herein shall be constructed as creating a partnership or joint enterprise between and/or among the City, and/or Owner. E. Venue. Venue of any action brought hereunder shall be in Williamson County, Texas. ANNEXATION & DEVELOPMENT AGREEMENT Page 5 Lewis/Nassour Tract 00020364.DOC V IN WITNESS WHEREOF, the Parties to these presents have executed this Contract in two (2) counterparts, each of which shall be deemed an original on this the / / -h — day of February, 2002. ANNEXATION & DEVELOPMENT AGREEMENT Page 6 Lewls/NassOUr Tract 00020364.DOC F. Third Party Beneficiaries. For purposes of this Agreement, including its intended operation and effect, the Parties specifically agree that (1) the Agreement only affects matters /disputes between the Parties to this Agreement, and is in no way intended by the Parties to benefit or otherwise affect any third person or entity, other than Owner's lender, notwithstanding the fact that such third person or entities may be in a contractual relationship with the City or Owner or both; and (2) the terms of this Agreement are not intended to release, either by contract or operation of law, any third person or entity from obligations owing by them to either the City or Owner. G. Authority to Act. The Parties each represent and warrant that the signatories on this Agreement are authorized to execute this Agreement and bind his/her principals to the terms and provisions hereof. Each Party warrants that any action required to be taken in order for this Agreement to be binding on it has been duly and properly taken prior to the execution of this Agreement. H. Incorporation of Recitals. The recitals contained at the beginning of this Agreement shall be deemed a part of the Agreement and hereby are incorporated by reference herein. I. No Guarantee of Zoning. Nothing contained in this Agreement shall be construed as obligating the City to zone the Property in conformity with the zoning requested by Owner. J. Covenant Running With the Land. The covenants contained herein shall run with the land and bind all successors, heirs and assignees of the Property owner. In addition, this Agreement shall be filed of record in the Real Property Records of Williamson County, Texas as evidence thereof. K. Releases. Provided there exists no event of default under this Agreement, Owner will be entitled to have all or a portion of the Property released from the terms and conditions of this Agreement upon full payment of the Fees due for the Property or portion thereof. At the time a partial release is requested, the Owner must furnish the City a calculation of area by field notes and a plat indicating the area to be released. All expenses incident to the granting of releases will be bome by the Owner. THE STATE OF TEXAS COUNTY OF WILLIAMSON BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Robert A. Stluka, Jr., known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that he has authority to act on behalf of the City of Round Rock, and that he executed same for the purposes and consideration therein expressed and in the capacity therein stated. 2002. § § GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of February, ANNEXATION & DEVELOPMENT AGREEMENT Page 7 00020364.DOC CITY OF ROUND ROCK, TEXAS By: Robert A. Stluka, Jr., Mayor CITY OF ROUND ROCK ACKNOWLEDGMENT Lewis/Nassour Tract THE STATE OF TEXAS COUNTY OF WILLIAMSON ELIZABETH HAYNES NOTARY PUBLIC State of TESxae comm. ExP 0424 -2m2 00020364.DOC Notary Public in and for the State of Texas Notary's Printed Name JOHN LEWIS ACKNOWLEDGMENT BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared John Lewis, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed same for the purposes and consideration therein expressed . GIVEN UNDER MY HAND AND SEAL OF OFFICE this the { / da of February, 2002. :946t/ ara Notary / lfc or the S State of T s % Notary's Printed Name ANNEXATION & DEVELOPMENT AGREEMENT Page 8 Lewia/Nassour Tract THE STATE OF TEXAS COUNTY OF WILLIAMSON BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Jimmy Nassour, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed same for the purposes and consideration therein expressed. 2002. 00020364.DOC GIVEN UNDER MY HAND AND AISHA D. DEI.AFUENTE I mow, STATE OF 1 EYJ-5 MY Cones. EXP. 0248-2003 ANNEXATION & DEVELOPMENT AGREEMENT § JIMMY NASSOUR ACKNOWLEDGMENT SEAL OF OFFICE this the 11 day of February, Notary's Printed Name Notary Public in and for the State of Texas Msha D. De La TP.n.4c. Page 9 Lewis/Nassour Tract Ht1 22.06 Acre Tract Page 1 of 2 DESCRIPTION FOR A 22.06 ACRE TRACT OF LAND SITUATED IN THE ROBERT MCNUTT SURVEY, ABSTRACT NO 422, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 93 13 ACRE TRACT OF LAND AS DESCRIBED IN THAT DEED TO BARNES 93 ACRES. LTD., ET AL. BY INSTRUMENT RECORDED AS DOCUMENT NO. 9911566 OF THE OFFICIAL RECORDS OF SAID COUNTY AND AS DESCRIBED IN THAT DEED TO JAMES D. GRESSETT BY INSTRUMENT RECORDED AS DOCUMENT NO. 2000004166 OF THE OFFICIAL RECORDS OF SAID COUNTY, SAID 22.06 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod with a TxDot aluminum cap found on the east line of said 93.13 Acre Tract, and on the west line of a called 206.29 Acre Tract, (Tract 1), of land as described in that deed to Beverly Johnson Gordon by instrument recorded as Document No. 9835986 of the Official Records of said county, and for the northeast comer of a called 3.167 Acre Tract, (Parcel No. 6), of land as described in that right of entry, possession, and construction easement to Williamson County, Texas, by instrument recorded as Document No. 2000004168 of the Official Records of said county, and for the southeast corner and POINT OF BEGINNING of the herein described tract, from which an iron rod set for the northeast corner of said 93.13 Acre Tract bears NO2 ° 22'33 "W a distance of 2,652.43 feet and from which the southeast corner of said 93.13 Acre Tract bears S02 °23'33 "E a distance of 105.99 feet; THENCE with the north line of said 3.167 Acre Tract, through said 93.13 Acre Tract, with the south line of the herein described tract, the following three (3) courses and distances: 1. With the are of a curve to the left, passing at an arc distance of 135.70 feet a Type II TxDot monument found, in all for a total arc distance of 800.38 feet, with a central angle of 04 °00'56 ", a radius of 11,420 feet and a chord which bears S78 °11'20 "W for a distance of 800.21 feet to a Type 11 TxDot monument found for the end of said curve and an angle point, 2. S 13 °49' 17 "E for a distance of 20.01 feet to a Type II TxDot monument found for a point of curvature, 3. With the are of a curve to the left, passing at an arc distance of 349.06 feet a Type II TxDot monument found, in all for a total arc distance of 626.32 feet with a central angle of 03 °08'52 ", a radius of 11,400 feet and a chord which bears S74 °35'38 "W for a distance of 626.24 feet to a Type 11 TxDot monument found, on the north right -of -way line of U.S. Highway 79, (right-of-way width varies), for the northwest comer of said 3.167 Acre Tract, and the most southerly southwest comer of the herein described tract; THENCE with the south boundary line of said 93.13 Acre Tract, and the north right -of- way line of U.S. Highway 79, N54 °21'06 "W for a distance of 9.36 feet to a Type II TxDot monument found on the east right-of-way of County Road 122, (right -of -way width varies), for the most westerly southwest comer of the said 93.13 Acre Tract, and for the most westerly southwest comer of the herein described tract, THENCE departing said north right-of-way line of U.S. Highway 79, with the west boundary line of said 93.13 Acre Tract, and the east right -of -way line of County Road 122, NO2 °43'25 "W for a distance of 639.07 feet to an iron rod set for the south comer of that certain 2.301 Acre Tract of land described in a right of entry, possession, and construction easement to Williamson County, Texas, by instrument recorded as Document No, 2000004168 in the Official Records of said county; ovp 22.06 Acre Tract Page 2 of 2 THENCE through said 93.13 Acre Tract, with the east line of said 2.301 Acre Tract and the west line of the herein described tract, the following two (2) courses and distances: 1. With the arc of a curve to the left having an arc length of 245.92 feet, with a central angle of 23 %7'31 ", a radius of 609.30 feet and a chord which bears N08 °44'06 "E for a distance of 244.26 feet to an iron rod set for a point of tangency, 2. NO2 ° 49'40 "W for a distance of 121.54 feet to an iron rod set for the northwest comer of the herein described tract; THENCE leaving the east line of said 2.301 Acre Tract and continuing through the interior of said 93.13 Acre Tract the following five (5) courses and distances: 1. N87 °10'20"E for a distance of 200.00 feet to an iron rod set on an angle point of the herein described tract, 2. S02 °49'40 "E for a distance of 100.00 feet to an iron rod set on an angle point of the herein described tract, 3. N87 ° 10'20 "E for a distance of 834.92 feet to an iron rod set on an angle point of the herein described tract, 4. 502°22'33 "E for a distance of 31935 feet to an iron rod set on an angle point of the herein described tract, 5. N87 °37'27 "E for a distance of 325.00 feet to an iron rod set on the east boundary line of said 93.13 Acre Tract, same being on the west boundary line of said 209.26 Acre Tract, (Tract 1), for the most easterly northeast comer of the herein described tract; THENCE with the east boundary line of said 93.13 Acre Tract, same being the west boundary line of said 206.29 Acre Tract, S02 °22'33 "E for a distance of 302.87 feet to the POINT OF BEGINNING of the herein described tract, and containing 22.06 Acres of Land, more or less. Surve under the d supervision of the undersigned: ce A. Hunt stered Professional Land Surveyor No.4328 BAKER - AICKLEN & ASSOCIATES, INC. 203 E. Main Street, Suite 201 Round Rock, Texas 78664 ca597.706field notes 9 -26-00 vp 4o n MINDER 00994 CHORD 0EARNO RAMIS' ARC' CH000' CI 04•00'56" 6 0370'20" 9 8420.00 500.38 90021 02 03•00'52" 5 74.35'36" Y 8400.00 626.32 60624 03 23.0741" H 06.44'06" 9 609.30 245.92 044.26 04 05 00 02 H 60 576 x 8420.00 8524)0 99.97 574.49 9997 574.43 06 03 9 79.22'30" W 0919.6 757.50 757.36 W9-L0,490N COUNTY, TEXAS 1110117 OF EMERY, 2039E969NL CONSTRUCTHIN EASEMENT DOC. P1000004159 PUT ACRES PARCEL NO. • ROWER I.7 L2 L3 L4 LE La LT 96 00000,09 S 73.4917" n 02 9 N 67 E 9 62.4900" E 6 304915" 9 N 84.2 b 02•22'33" E N 54•34'36" W M97ANCE 12004' 100.00' 100.00' 30.06' 9.36' 6)3.99' 62.32' LEAD IRON 900 6 /06,101606 UP • IRON R00 SET 0 IRON ROO 00690 • CONC.MONUMENT FOUND ■ PONT OF @CONNING RECORD 1FORM99(9 ( ) SKETCH TO AGOO tIPAN}:I !PQb NOTES 19E*R00 64315 - 769 CHORD SEARNE 0/'A 100.35 7007 ARC P•R DOCUMENT N0. 2000004(06 OF THE OFFICIAL RECORDS OF 776.9,4•90■ COUNTY. TEXAS. Prepore0 By: mrronce 2. Hunt, A.P.L.6.. Number 4328 203 E. Moin 51.. Suite 201 Round Rock, 7X 76664 62961 93 ACRES, LTD.. ET AL. 000.0995366 ASO 0019 12000004169 OF • CALLED 9I/3 ACRE TRACT 0 File: 597-706 -24 80• B JOHNSON 96,L1AM509 001670, TEXAS 91097 OF EMERY, POSSESSION. 00C. P000004165 97 3.397409(9 0490E4. 00. 6 Baker- Aloklen & Associates, Inc. Engineers / Surveyors Fn• name: W:\PROJEC1S \SARNE593 \992094 65.94 Acre Tract Page 1 of 2 DESCRIPTION FOR A 65.94 ACRE TRACT OF LAND SITUATED IN THE ROBERT MCNUIT SURVEY, ABSTRACT NO. 422, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 93 13 ACRE TRACT OF LAND AS DESCRIBED IN THAT DEED TO BARNES 93 ACRES, LTD., ET AL., BY INSTRUMENT RECORDED AS DOCUMENT NO. 9911566 OF THE OFFICIAL RECORDS OF SAID COUNTY AND DESCRIBED IN THAT DEED TO JAMES D. GRESSETT BY INSTRUMENT RECORDED AS DOCUMENT NO. 2000004166 OF THE OFFICIAL RECORDS OF SAID COUNTY, SAID 65.94 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod set for the northwest comer of said 65.94 Acre Tract, same being the northeast comer of a 2.301 Acre Tract, (Parcel 4), of land as described in that right of entry, possession, and construction easement to Williamson County, Texas, by instrument recorded as Document No. 2000004168 in the Williamson County, Texas, Official Records, being the northwest comer and POINT OF BEGINNING of the herein described tract, from which an iron rod found on the east right-of-way line of County Road 122, for the northwest comer of said 93.13 Acre Tract, and the northwest comer of said 2.301 Acre Tract , bears S87 °49' 15' W a distance of 30.08 feet; THENCE with the north boundary line of said 93.13 Acre Tract, N87 °49'15 "E, passing at a distance of 0.07 feet an iron rod found for the southwest corner of Lot 2, McNutt Park, a subdivision, according to the plat thereof recorded in Cabinet J, Slide 12 of the Plat Records of said county, said point being 0.31 feet north of said north line, and passing at a distance of 514.59 an iron rod found for the southeast comer of said Lot 2, said point being 3.67 feet north of said north line, continuing with the north line of said 93.13 Acre Tract same being the south boundary line of that certain 206.29 Acre Tract, (Tract 3), as conveyed to Beverly Johnson Gordon by deed as described in Document No 9835986 of the Official Records of said county, in all for a total distance of 1,390.71 feet to an iron rod set for the northeast corner of said 93.13 Acre Tract, the northwest comer of said 206.29 Acre Tract, (Tract 1), of land conveyed to said Beverly Johnson Gordon, and for the northeast corner of the herein described tract; THENCE with the east boundary line of said 93.13 Acre Tract, and the west boundary line of said 206.29 Acre Tract, (Tract 1), S02 ° 22'33'5 for a distance of 2,349.61 feet to an iron rod set for the southeast comer of the herein described tract, from which an iron rod with aluminum cap found for the northeast comer of a 3.167 Acre Tract, (Parcel 6), of land as described in Document No. 2000004168, bears S02 °22'33 "E a distance of 302.87 feet; THENCE departing the west boundary line of said 206.29 Acre Tract through the interior of said 93.13 Acre Tract, the following five (5) courses and distances: 1. S87 °37"27 "W for a distance of 325.00 feet to an iron rod set for an angle point of the herein described tract; 2. NO2 °22'33 "W for a distance of 319.35 feet to an iron rod set for an angle point of the herein described tract; 3. S87 °10'20 "W for a distance of 834.92 feet to an iron rod set for an angle point of the herein described tract; 4. NO2 °49'40 "W for a distance of 100.00 feet to an iron rod set for an angle point of the herein described tract. r4l 65.94 Acre Tract Page 2 of 2 5. S87 °10'20 "W for a distance of 200.00 feet to an iron rod set on the east line of said 2.301 Acre Tract, for the southwest corner of the herein described tract; THENCE continuing through the interior of said 93.13 Acre Tract with the east line of said 2.301 Acre Tract, the following three (3) courses and distances: 1. NO2 °49'40 "W for a distance of 935.88 feet to an iron rod set for an angle point of the herein described tract; 2. NO2 °29'56 "W for a distance of 342.37 feet to an iron rod set for an angle point of the herein described tract; 3. N04 °15'45 "W for a distance of 665.34 feet to the POINT OF BEGINNING of the herein described tract, and containing 65.94 Acres of Land, more or less. Surveyed under the direct supervision of the undersigned: a 2 e A. Hunt _ Date tered Professional Land Surveyor No.4328 BAKER - AICKLEN & ASSOCIATES, INC. 203 E. Main Street, Suite 201 Round Rock, Texas 78664 0 \597- 706Vield totes 6595 AC 9.27-00 X 41 NURSER DELTA CHORD BEARING RADIUS' ARC' CNORO' CI 01.00'96 5 ?5.0'20' • 9420.00 600.39 600.21 02 05•05'52 3 74.35'31' • 5400.60 62062 62624 C3 zronr 006.44'O6' E 60930 245.92 244.26 C4 00 N 60 E 9420.00 99.5? 09.97 02.61 2' S 75.144' • 9624.9 574.•9 574.•5 C6 05 5 rrz2'30'W 1519.16 757.50 75,.36 WILIAM50N COUNTY. TEXAS RIGHT OF EMERY. FU59ESSION EASEMENT CONSTRUCTION 402(5 000004166 2-301 ACRE! PARCEL NO. 4 NUMBER LI LE u L• 45 L6 L7 1.8 DIRECTION S O'IITr0 • OY!49'd0" w s Br9'20• w N 02•49'40 9 s I7 w N s4.2 9 S 02'22'35" E N 64 9 DISTANCE 20.01' 16064' 200.00' 100.00' 30.06' 916' 10599' 42.52' LE EEO 240N ROD W /4LUMR6N CRP IRON R00 SET IRON ROD FOUND CONC.MONUNENT ROUND POINT OF BE0NNR40 RECORD 600760006 SKETCH TO AC OMIP V 4 !Et h96701 O ■ v.a ( I Prepared By: _ c6 .4. Hurl. R.P.L.S,. Number 4328 203 E. MOin St.. Suite 201 Round Roc,, TX 78664 BEVERLY 40021SON CORDON 00C. }9835969 MCNVT PARR 506E9 ACRES TRACT3 CAB J. 51.0 LSI L N 5_26' E 513.04' I I- % b 86110(10 OASIS - THE 01050 6•0516 OF • 80047 FOOT ARC PER DOCUMENT N0. 2000004165 OF ENE OFFICIAL RECORDS OF WA.LIAMSON COUNTY. TEXAS 0127.4933'C 0907/ )0 16 07•2 2' 11 (1420.797 4 BARNS 93 40029, 070, ET AL. VOL.. 2999565 470 000 22000004166 05 • CALLE0 9313 ACRE TRACT a 17.070 934.92 02.01 ACRES 0 5 NIG14141 19 CI File: 597 - 706 -24 BY: B JOHNSON 06 v K S 9_3577 326.00' 1 A. 135 TO B2410N9 94446 CI MIL 91EL0M60N COUNTY. TEXAS NON_ OF ENTER Y. 7095E0310K CONSTRUCTION EASEMENr Doc '1000004165 3.167 ACRES PARCEL NO I Baker- Alcklan t Associates, Inc. Engl fors / 50544yen FIN no w : \7R0JECr602400E695 \95ac0a hu Development Stage Estimated Date Preliminary Plan Approval 2_0-0 2 Final Plat Approval for Residential Tract . ¢- i _ 2 - w Construction Plan Approval for Residential Tract � ,�GtA < y.. I - /4 1;47 .J 0 2- Estimated Building Permits for Residential Tract / 5:€,(,-2- /- S ia4 Buildout of Residential Tract 5 too Z 'ti zoo c. Final Plat Approval for Commercial Tract Q Q Construction Plan Approval for Commercial Tract Z 6 © `7 Estimated Building Permits for Commercial Tract 00 O 9 Buildout of Commercial Tract a ■ sr Exhibit B (Development Schedule) • The following is the estimated development schedule for the Property. This schedule and all dates are subject to change depending on, among other things, the timing of governmental approvals. ANNEXATION & DEVELOPMENT AGREEMENT 00020364.DOC Page 12 LewisfNassour Tract Z DATE: February 21, 2002 SUBJECT: City Council Meeting — February 28, 2002 • t i • • • • • ITEM: 12.C.1. Consider a resolution authorizing the Mayor to execute an Annexation & Development Agreement for Roadway Facilities with John C Lewis and Jimmy Nassour for 88.00 acres of land (Pioneer Crossing) Resource: Joe Vining, Planning Director History: The owners of the 88.00 acres noted above located in the vicinity of County Road 122 and Hwy 79, wish to annex and develop their property at urban densities. The arterial roads in this area are not sufficient to handle increase traffic that would be generated by the proposed development. The owners wish to proceed with their developments without delay and are prepared to enter into an Annexation and Development Agreement to provide their proportionate share of cost for improving these roads in order to avoid delays in the annexation and zoning of their property. Funding: N/A Cost: N/A Source of Funds: Outside Resources: Edmond Haas, Parsons Transportation Group Dan Seiko, Dunkin, Seiko & Associates, Inc. Impact: Ensures fair and equitable cost sharing of arterial road cost while allowing annexations to proceed in a timely fashion. Benefit: City is partially compensated for each developers proportionate share of road improvements. Public Comment: N/A Sponsor: Planning and Community Development Department PARTIAL ASSIGNMENT AND ASSUMPTION AGREEMENT THE STATE OF TEXAS § COUNTY OF TRAVIS § FOR VALUE RECEIVED, John Lewis and Jimmy Nassour ( "Assignor "), hereby assign and transfer unto Centex Homes, a Nevada general partnership ( "Assignee "), all of Assignor's right, title, and interest as Owners in and to that certain Annexation and Development Agreement ( "Agreement ") by and between Jimmy Nassour and John Lewis, as Owners, and The City of Round Rock, a Texas municipality, referred to as "City", but only to the extent of Assignor's right, title, and interest in the Agreement relating to the "Residential Tract" as such term is defined in the Agreement. Assignor, Assignee and City acknowledge and agree that the Assignor retains all right, title and interest in and to the Agreement as it relates to the "Commercial Tract" as such term is defined in the Agreement. 1. Assignor warrants and represents that: a. Assignor, subject to the City's consent, has full power and authority to enter into and consummate all transactions contemplated by this Assignment and has duly authorized the execution, delivery, and performance of this Assignment which will constitute a legal, valid, and binding obligation upon the Assignor. b. Assignor has not previously modified the Agreement and a true and correct copy of the Agreement is attached hereto as Exhibit " ". c. Assignor will not further modify or amend the agreement in anyway which would affect the Residential Tract without the prior written consent of the Assignee. d. That except for the failure to pay the "Fees" as provided in Section no party is in default of the Agreement and no party knows of any event which with notice on the passing of time would be deemed to be a default or breach of the Agreement and the Agreement is in full force and effect. 2. Assignee warrants and represents to and covenants with Assignor and the City that: a. Assignee hereby assumes the obligations of the Assignee under the Agreement but only to the extent the obligations relate to the Residential Tract and agrees to indemnify and hold Assignor harmless from any and all liability thereunder for the actions of Assignee and Assignee's agents, but only to the extent such liabilities relate to the Residential Tract. b. Assignee has received and read copies of the Agreement. c. Assignee (i) unconditionally waives any claim that payment of fees or construction of improvements pursuant to the Agreement constitutes imposition of an unauthorized roadway impact fee within the meaning of Tex. Loc. Gov't Code ch. 395 or otherwise is inconsistent with such law; (ii) unconditionally acknowledge that fees provided for therein are proportional to the traffic impact anticipated from Assignee's proposed development of the Residential Tract; and (iii) hereby Assignment and Assumption Agreement - Page 1 4 Pt o pp„ Stl Mayor Assignment and Assumption Agreement - Page 2 indemnifies the City, and all of its officials, officers, agents, consultants, and employees, collectively or individually, personally or in their official capacities, from all claims, suits or causes of any nature whatsoever, whether real or asserted, arising from such claims that may be filed or asserted by Assignee's successors -in- interest, but only to the extent such claims relate to the Residential Tract. 3. This Assignment shall be binding upon and inure to the benefit of the parties hereto, their heirs, successors, and assigns. IN WITNESS WHEREOF the parties have executed this Assignment as of the day of April, 2002. ASSIGNOR: John Lewis Jimmy Nassour ASSIGNEE: Centex Homes, a Nevada general partnership By: Centex Real Estate Corporation, a Nevada corporation, its Managing General Partner By: Name: Title: By execution hereof, The City of Round Rock hereby consents to this Assignment. The City of Round Rock THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK I, CHRISTINE R. MARTINEZ, City Secretary of the City of Round Rock, Texas, do hereby certify that I am the custodian of the public records maintained by the City and that the above and foregoing is a true and correct copy of Resolution No. R- 02 -02- 28-12C1. This resolution was approved by the City Council of the City of Round Rock, Texas, at a meeting held on the 28th day of February 2002 as recorded in the minutes of the City of Round Rock Book 47. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 14th day of May 2002. 2002037039 34 Fae s CHRISTINE R. MARTINEZ, City Secretary 3`I RESOLUTION NO. R- 02- 02- 28 -12C1 WHEREAS, the City of Round Rock wishes to enter into an Annexation & Development Agreement for Roadway Facilities with John C. Lewis and Jimmy Nassour for 88.00 acres of land out of the Robert McNutt Survey, A -422, in Williamson County, Texas, 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 Annexation & Development Agreement for Roadway Facilities with John C. Lewis and Jimmy Nassour for 88.00 acres of land out of the Robert McNutt Survey, A -422, in Williamson County, Texas, a copy of said Agreement being attached hereto as Exhibit " A" and incorporated herein for all purposes. 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 28th day of February, 2002. ATTEST: e m� CHRISTINE R. MARTINEZ, City Secret . :ODMA \WOALDOX \0r \ WOO % \RESOLUTI\ 00021299. WPO/z2022401/ sc ! \'fr'Efl e—r_, - ROBE ' STLUKA, JR., Mayor City of Round Rock, Texas } John Lewis and Jimmy Nassour, (hereinafter collectively referred to as "Owner "), and the City of Round Rock, a Texas municipality of the County of Williamson, State of Texas, (hereinafter "the City, ") (collectively hereinafter "the Parties, ") do hereby enter into this Annexation & Development Agreement for Roadway Facilities (hereinafter the "Agreement ") for the purposes of providing for an adequate network of arterial roadways to serve the development project described herein, and providing for reimbursements for excess contributions or credits against roadway impact fees. Whereas, Owner has pending a request for annexation of a two tracts of land one of which is approximately 22.06 acres in size, (hereinafter the "Commercial Tract ") and the other of which is approximately 65.94 acres in size, (hereinafter the "Residential Tract ") both tracts hereinafter collectively referred to as "the Property," which is located in the northeast planning area of the City and for which a legal description is attached hereto as Exhibit A -1 and Exhibit A -2; and Whereas, Owner has requested C -1 zoning for the Commercial Tract and SF -2 zoning for the ° —Tract (the "Requested Zoning ") for the development of the Property (the "Project"); and Res,Oe1*iJ.1 }.L Whereas, there presently are insufficient arterial roads in the vicinity of the Property to support the development of such land as contemplated by the Requested Zoning; and Whereas, it is anticipated that, in the event that annexation is approved for the Property as requested by Owner and the Property is developed, there will be significant traffic impacts on the existing and future arterial road network generated by development of the Property; and Whereas, the City has adopted its Transportation Master Plan delineating arterial roadways needed to serve the development of the Property and other property in the northeast planning area of the City; and Whereas, the City has conducted a study of the estimated cost of constructing the needed arterial roadways serving the Property, as shown on the Transportation Master Plan, and the City has provided a copy of the Transportation Master Plan and the aforementioned study to Owner; and 000203641)OC ANNEXATION & DEVELOPMENT AGREEMENT FOR ROADWAY FACILITIES RECITALS Whereas, Owner has requested annexation of the Property in advance of construction of the needed arterial roadways; and ANNEXATION & DEVELOPMENT AGREEMENT Page I EXHIBIT " Lewis/Nassour Tract 4 Whereas, in exchange for annexation of the Property in advance of the construction of the needed arterial roadways, Owner is willing to pay the Fees (as defined in Section 2 below) to partially offset the City's cost of constructing said arterial roadways; and Whereas, both Parties acknowledge that the Fees are proportional to the traffic impact anticipated from the proposed development of the Property; and Whereas, the Parties are desirous of assuring that the Project is adequately served with arterial roadways in a timely manner, NOW THEN in consideration of the mutual covenants herein contained, the Parties hereby agree as follows: Section 1. Provision of Roadways and Development Schedule A. Access Roads. Owner at its sole expense and in the due course of development of the Property shall provide adequate roadway access to the City's arterial road network serving the Property, consistent with the City's subdivision standards. B. Development Schedule. Development by Owner of the annexed Property described in Exhibits A -1 and A -2 shall progress in accordance with the schedule attached hereto and incorporated by reference as Exhibit B. The land uses, numbers of dwelling units, and the timing of development set forth in Exhibit B are approximate and subject to change. Section 2. Annexation Fees A. Purpose and Basis for Fee. Owner acknowledges that the existing roadways in the vicinity of the Project and the Property are inadequate to serve the development as proposed by the Owner. In consideration for City agreeing to annex the Property and allowing the Owner to begin its Project, Owner agrees to pay fees to the City for said annexation. Said fees accrue when the Property is annexed and are paid and calculated as set forth below. The annexation fees ( "Fees ") provided for herein are based upon the traffic impact anticipated from the Requested Zoning. ANNEXATION & DEVELOPMENT AGREEMENT Page 2 Lewis/Nassour Tract 00020364_DOC ANNEXATION & DEVELOPMENT AGREEMENT Page 3 LewisngassoNr Traci 00021548.DOC B. Amount of Fees. Owner agrees to pay to the City annexation Fees in the amount of $3,600 per Project Net Developable Acre in the Residential Tract and $2,200 per Project Net Developable Acre in the Commercial Tract. The Project, if developed in accordance with the Requested Zoning, will contain approximately 65.94 net developable acres in the Residential Tract and approximately 22.06 net developable acres in the Commercial Tract and being the total acres contained in the Property (the "Project Net Developable Acres "). The total amount of Fees, shall be payable as set forth in this Agreement. C. Modification of Fees. If the actual zoning of the Property, or portion thereof, is different from the Requested Zoning, then (i) the Parties agree that the annexation Fees may be recalculated to reflect any change in traffic impact as set forth in subparagraphs (1) and (2) below, or (ii) the Owner may request disannexation as provided in subparagraphs (3) or (4) below. (1) If any such recalculation pursuant to clause (i) above results in increased Fees, then Owner shall have the option of paying the increased Fees or requesting disannexation of the Property, and upon disannexation, Owner will be entitled to a refund of any Fees previously paid. (2) If any such recalculation pursuant to clause (i) above results in a reduced Fees, and if disannexation is not requested and approved pursuant to subparagraph (4) below, then Owner shall be entitled to a refund of Fees previously paid. (3) In the event that Owner disannexation because of increased Fees, the City shall have the option of either approving the disannexation of the Property or accepting the Fees provided for herein based upon the Requested Zoning. (4) In the event that Owner requests disannexation because Owner does not receive the Requested Zoning and the result is decreased Fees, and if the City does not disannex the Property, then this Agreement shall be null and void and the Parties shall have no further duties, obligations, or rights hereunder, including without limitation the obligation to dedicate right -of -way as provided in this Agreement. D. Waiver and Acknowledgment. Owner (i) unconditionally waives any claim that payment of Fees or construction of improvements pursuant to this Agreement constitutes imposition of an unauthorized roadway impact fee within the meaning of Tex. Loc. Gov't Code ch. 395 or otherwise is inconsistent with such law; (ii) unconditionally acknowledge that fees provided for herein are proportional to the traffic impact anticipated from Owner's proposed development of the Property; and (iii) hereby indemnifies the City, and all of its officials, officers, agents, consultants, and employees, collectively or individually, personally or in their official capacities, from all claims, suits or causes of any nature whatsoever, whether real or asserted, arising from such claims that may be filed or asserted by Owner's successors -in- interest. E. Time for Payment. Fees shall be paid as follows: Within thirty (30) days after the effective date of the zoning classification(s) established for newly annexed Property, 20% of the Fees shall be paid; (2) The remainder of the Fees shall be paid at the earlier of the following events: (1) three years from the effective date of the ordinance annexing the Property; or (2) following approval but prior to recording of a final plat of the the Property or portion thereof. The payment of Fees triggered by the approval and recording of a final plat shall be limited to the portion of the Property included within said plat. F. Payment on Sale of Property. In the event that the Property or any portion thereof is sold prior to the time for payment of Fees provided in Section 2.E, all fees shall become immediately due and owing for the portion of the Property sold, unless the purchaser with the consent of the City assumes all obligations imposed under this Agreement. The aforesaid consent of the City shall not be unreasonably withheld. (1) G. Rezoning. In the event that the Property or any portion thereof is rezoned, Owner agrees that the City either may impose additional fees for the portion of the Property rezoned for new land uses or the new zoning classification. Section 3. Waiver of Roadway Impact Fees and Discounts A. In the event that the City adopts a roadway impact fee program that becomes applicable to the Property following payment of Fees, the City agrees to waive payment of roadway impact fees or, in the event of rezoning, credit payment of Fees against roadway impact fees due with respect to the Property and /or other Property which may now or hereafter be owned by Owner in transportation planning area of the City in which the Property is located. ANNEXATION & DEVELOPMENT AGREEMENT Page LeWis/Nassour 00020364.DOC �/`— B. The City agrees to discount Fees by an amount equal to the proportional value of improvements to arterial roadways designated in the Transportation Master Plan by Owner, as specified under Section 1, or as may be subsequently agreed to. Should the value of such improvements exceed the amount of Fees due for the Property, the City agrees to reimburse Owner for excess costs incurred from the proceeds of Fees or roadway impact fees collected from other developments served by such facilities. Section 4. General Provisions A. Assignment. This Agreement, any part thereof, or any interest herein shall not be assigned by Owner without the express written consent of the City. Regardless of the foregoing, Owner shall have the right to assign its interest herein to an entity in which it maintains a majority ownership interest as long as written notice is given to the City twenty (20) days prior to said assignment. Any such assignment shall contain a provision that the assignee waives and acknowledges the matters set out in Section 2.D herein. B. Effect of Failure to Annex. In the event that the City fails to annex the Property as requested by Owner, or portion thereof, this Agreement shall be deemed null and void with respect to such Property or portion thereof. C. Waiver. No covenant or condition of this Agreement may be waived without consent of the Parties. Forbearance or indulgence by the City shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. D. Independent Contractor Status. Owner agrees that it is an independent contractor and not an officer, agent or servant or employee of the City; that Owner shall have exclusive control of and right to control the details of the work performed hereunder and all persons performing same, and shall be responsible for the acts and omissions of its officers, agents, employees, contractors, subcontracts and consultants; that the doctrine of respondeat superior shall not apply as between or among the City, Owner, its officers, agents, employees, contractors, subcontractors and consultants, and nothing herein shall be constructed as creating a partnership or joint enterprise between and/or among the City, and/or Owner. E. Venue. Venue of any action brought hereunder shall be in Williamson County, Texas. ANNEXATION & DEVELOPMENT AGREEMENT Page 5 Lewls/Nassour Tract 00020364.DOC �j 1 Vttt111h...JI\ ANNEXATION & DEVELOPMENT AGREEMENT Page 6 Lewis/Nassour Tract 00020364.DOC F. Third Party Beneficiaries. For purposes of this Agreement, including its intended operation and effect, the Parties specifically agree that (1) the Agreement only affects matters/disputes between the Parties to this Agreement, and is in no way intended by the Parties to benefit or otherwise affect any third person or entity, other than Owner's lender, notwithstanding the fact that such third person or entities may be in a contractual relationship with the City or Owner or both; and (2) the terms of this Agreement are not intended to release, either by contract or operation of law, any third person or entity from obligations owing by them to either the City or Owner. G. Authority to Act. The Parties each represent and warrant that the signatories on this Agreement are authorized to execute this Agreement and bind his/her principals to the terms and provisions hereof. Each Party warrants that any action required to be taken in order for this Agreement to be binding on it has been duly and properly taken prior to the execution of this Agreement. H. Incorporation of Recitals. The recitals contained at the beginning of this Agreement shall be deemed a part of the Agreement and hereby are incorporated by reference herein. I. No Guarantee of Zoning. Nothing contained in this Agreement shall be construed as obligating the City to zone the Property in conformity with the zoning requested by Owner. J. Covenant Running With the Land. The covenants contained herein shall run with the land and bind all successors, heirs and assignees of the Property owner. In addition, this Agreement shall be filed of record in the Real Property Records of Williamson County, Texas as evidence thereof. K. Releases. Provided there exists no event of default under this Agreement, Owner will be entitled to have all or a portion of the Property released from the terms and conditions of this Agreement upon full payment of the Fees due for the Property or portion thereof. At the time a partial release is requested, the Owner must fumish the City a calculation of area by field notes and a plat indicating the area to be released. All expenses incident to the granting of releases will be home by the Owner. IN WITNESS WHEREOF, the Parties to these presents have executed this Contract in two (2) counterparts, each of which shall be deemed an original on this the / / -h — day of Febmary, 2002. THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK, TEXAS By: Robert A. Stluka, Jr., Mayor Ji y I)asso r § CITY OF ROUND ROCK ACKNOWLEDGMENT BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Robert A. Stluka, Jr., known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that he has authority to act on behalf of the City of Round Rock, and that he executed same for the purposes and consideration therein expressed and in the capacity therein stated. 2002. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of February, ANNEXATION & DEVELOPMENT AGREEMENT Page 7 00020364.DOC Lewis/Nassour Tract THE STATE OF TEXAS COUNTY OF WILLIAMSON ELIZABETH HAYNES NOTARY PUBLIC Texas r gtbte of Tet3xas of 1. ExP, 04 -24-20 ANNEXATION & DEVELOPMENT AGREEMENT 00020364.DOC Notary Public in and for the State of Texas Notary's Printed Name § JOHN LEWIS ACKNOWLEDGMENT BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared John Lewis, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the it day of February, 2002. L � �i�/l(/!J Notary Publ c in d or the State of Texas Tli Haynes Notary's Printed Name Page 8 Lewis/Nassour Tract THE STATE OF TEXAS COUNTY OF WILLIAMSON 2002. 00020364.DOC ?.. AISHA D. DELAFUENTE Iii STATE OF 'T EX.* na My COMMA. Ev. 02-08-2003 ANNEXATION & DEVELOPMENT AGREEMENT § JIMMY NASSOUR ACKNOWLEDGMENT BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Jimmy Nassour, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 11 of February, LAA,D.1)6koRceAse. Notary Public in and for the State of Texas Aislwq D. DG LA f'uen:Fc. Notary's Printed Name Page 9 Lewis/Nassour Tract et4 22.06 Acre Tract Page 1 of 2 DESCRIPTION FOR A 22.06 ACRE TRACT OF LAND SITUATED IN THE ROBERT MCNUTT SURVEY, ABSTRACT NO 422, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 93.13 ACRE TRACT OF LAND AS DESCRIBED IN THAT DEED TO BARNES 93 ACRES. LTD., ET AL. BY INSTRUMENT RECORDED AS DOCUMENT /40.9911566 OF THE OFFICIAL RECORDS OF SAID COUNTY AND AS DESCRIBED IN THAT DEED TO JAMES D. GRESSETT BY INSTRUMENT RECORDED AS DOCUMENT NO. 2000004166 OF THE OFFICIAL RECORDS OF SAID COUNTY, SAID 22.06 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod with a TxDot aluminum cap found on the east line of said 93.13 Acre Tract, and on the west line of a called 206.29 Acre Tract, (Tract 1), of land as described in that deed to Beverly Johnson Gordon by instrument recorded as Document No. 9835986 of the Official Records of said county, and for the northeast comer of a called 3.167 Acre Tract, (Parcel No. 6), of land as described in that right of entry, possession, and construction easement to Williamson County, Texas, by instrument recorded as Document No. 2000004168 of the Official Records of said county, and for the southeast corner and POINT OF BEGINNING of the herein described tract, from which an iron rod set for the northeast comer of said 93.13 Acre Tract bears NO2 °22'33 "W a distance of 2,652A3 feet and from which the southeast comer of said 93.13 Acre Tract bears S02 °23'33 "E a distance of 105.99 feet; THENCE with the north line of said 3.167 Acre Tract, through said 93.13 Acre Tract, with the south line of the herein described tract, the following three (3) COMM and distances: 1. With the arc of a curve to the left, passing at an arc distance of 135.70 feet a Type H TxDot monument found, in all for a total arc distance of 800.38 feet, with a central angle of 04 °00'56 ", a radius of 11,420 feet and a chord which bears S78°1 1 '20"W for a distance of 800.21 feet to a Type It TxDot monument found for the end of said curve and an angle point, 2. S13 °49'17 "E for a distance of 20.01 feet to a Type II TxDot monument found for a point of curvature, 3. With the arc of a curve to the left, passing at an arc distance of 349.06 feet a Type II TxDot monument found, in all for a total arc distance of 626.32 feet with a central angle of 03 °08'52 ", a radius of 11,400 feet and a chord which bears S74 °35'38 "W for a distance of 626.24 feet to a Type B TxDot monument found, on the north right -of -way line of U.S. Highway 79, (right -of -way width varies), for the northwest corner of said 3.167 Acre Tract, and the most southerly southwest comer of the herein described tract; THENCE with the south boundary line of said 93.13 Acre Tract, and the north right -of- way line of U.S. Highway 79, N54 °21'06 "W for a distance of 9.36 feet to a Type II TxDot monument found on the east right -of -way of County Road 122, (right -of -way width varies), for the most westerly southwest comer of the said 93.13 Acre Tract, and for the most westerly southwest comer of the herein described tract, THENCE departing said north right -of -way line of U.S. Highway 79, with the west boundary line of said 93.13 Acre Tract, and the east right -of -way line of County Road 122, NO2 °43'25 "W for a distance of 639.07 feet to an iron rod set for the south comer of that certain 2.301 Acre Tract of land described in a right of entry, possession, and construction easement to Williamson County, Texas, by instrument recorded as Document No, 2000004168 in the Official Records of said county; 22.06 Acre Tract Page 2 of 2 THENCE through said 93.13 Acre Tract, with the east line of said 2.301 Acre Tract and the west line of the herein described tract, the following two (2) courses and distances: 1. With the arc of a curve to the left having an arc length of 245.92 feet, with a central angle of 23 %7'31 ", a radius of 609.30 feet and a chord which bears N08 °44'06 "E for a distance of 244.26 feet to an iron rod set for a point of tangency, 2. NO2 °49'40 "W for a distance of 121.54 feet to an iron rod set for the northwest comer of the herein described tract; THENCE leaving the east line of said 2.301 Acre Tract and continuing through the interior of said 93.13 Acre Tract the following five (5) courses and distances: 1. N871.0'20 "E for a distance of 200.00 feet to an iron rod set on an angle point of the herein described tract, 2. S02 °49'40"E for a distance of 100.00 feet to an iron rod set on an angle point of the herein described tract, 3. N87 °10'20 "E for a distance of 834.92 feet to an iron rod set on an angle point of the herein described tract, 4. S02 °22'33"E for a distance of 319.35 feet to an iron rod set on an angle point of - the herein described tract, 5. N87 °37'2T'E for a distance of 325.00 feet to an iron rod set on the east boundary line of said 93.13 Acre Tract, same being on the west boundary line of said 209.26 Acre Tract, (Tract 1), for the most easterly northeast corner of the herein described tract; THENCE with the east boundary line of said 93.13 Acre Tract, same being the west boundary line of said 206.29 Acre Tract, S02°22'33 "E for a distance of 302.87 feet to the POINT OF BEGINNING of the herein described tract, and containing 22.06 Acres of Land, more or less. Survey under the direct supervision of the undersigned: ce A. Hunt ered Professional Land Surveyor No.4328 BAKER - AICKLEN & ASSOCIATES, INC. 203 E. Main Street, Suite 201 Round Rock, Texas 78664 0: 597 -704U Id notes 9 -2600 Date NUMBER DELTA 600500EARM6 RADMI9' ARC' 001090• b 04.00'56" $ 70 • 9420.00 S00.39 60011 02 05 3 •4.3536° • 1400.00 626.32 62024 C3 23.02'30' M 06 E 609.30 24192 24426 C4 30'06• 030 0420.00 99.57 99.97 CO or arse 6 2e•nr9• w 2504)6 574.49 374.43 06 03 3 7522'30 • 0519.16 737.30 73736 BARNS 93 4CRE3. LTD.. ET AL. DOC. 0999966 ARO 00C. 9200000■106 OF • CALLED 9393 ACRE TRACT RECORDERS MEMORANDL M All or parts of the text on this page was clearly legible for satisfactory recordati lot SKETCH TO ACCOoMPANYI FIEW nMOo TES wtLM4M304 COUNTY. TEARS RIONi OF EMTERT. IOSSE33'014 C !RUCTION EASEMENT DOC #0200004K5 E.301 ACRES PARCEL 7'm. • LI L3 L4 L3 LA LI DRECTNNf • 0.394r E N 02.39 • • • 0T"1050 0 S 02 6 37.49'24 w M 3 • a 02•L2'33" ( N 3 • DKTAKE 20.01' mar 200.00' 00.00' '05.99' teat' LEGEND FAN ROD JILUNMUA CA9 • FAN ROD SET O FAN ROD 1WUN0 • CUMC.NOMUMCNT 00Am ■ 70IN1 OF 6[0010x0 REODRO 35005060 N ( ) e0EAR610 - TM CHORD REARM OF . 900.50 FOOT ARC PER DOCA M 4ENT O. 2000004/ DI THE OFFICIAL RE CORDS Or RLLMNSOM COMM TEXAL Prepared By: `---"Caw s a A. Hunt, R.P.L.S. Number 4328 203 E. Main Sf_ Suite 201 Round Rock. TX 78664 MCNUTT PARK l 3 CAR.. D1t L 1 LOT • 94.26'13 - E 514.34• x17'5743 "L uSD.05 NM 17'5]'42" E) 3PO.T9T REVEAL T JONSSON SWOP COO .2 435196 70329 ACRES TRACT rile: 597 - 006 -24 8Y: B JOHNSON 6• * REARM BA313 w 00 • c6 AY 7 R 02.LUM506 COON,. . RMAE O 1N NI OF EE67. 7054ES3'0N NIGH CONSTROCTION 00 2000 / 0 0 04 E 1 6 T 3157 ACRES PARCEL N0. 6 Baker- Alcklen & Associates, Inc. E Dln6en / Surveyors r ro, " me. w, \PROJECTS \9ARHE513 \S]A <B 65.94 Acre Tract Page 1 of 2 DESCRIPTION FOR A 65.94 ACRE TRACT OF LAND SITUATED IN THE ROBERT MCNUTT SURVEY, ABSTRACT NO. 422, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 93.13 ACRE TRACT OF LAND AS DESCRIBED IN THAT DEED TO BARNES 93 ACRES, LTD, ET AL, BY INSTRUMENT RECORDED AS DOCUMENT NO. 9911566 OF THE OFFICIAL RECORDS OF SAID COUNTY AND DESCRIBED IN THAT DEED TO JAMES D. GRESSETT BY INSTRUMENT RECORDED AS DOCUMENT NO. 2000004166 OF THE OFFICIAL RECORDS OF SAID COUNTY, SAID 65.94 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod set for the northwest comer of said 65.94 Acre Tract, same being the northeast corner of a 2.301 Acre Tract, (Parcel 4), of land as described in that right of entry, possession, and construction easement to Williamson County, Texas, by instrument recorded as Document No. 2000004168 in the Williamson County, Texas, Official Records, being the northwest comer and POINT OF BEGINNING of the herein described tract, from which an iron rod found on the east right -of -way line of County Road 122, for the northwest comer of said 93.13 Acre Tract, and the northwest comer of said 2.301 Acre Tract , bears S87 °49'15 "W a distance of 30.08 feet; THENCE with the north boundary line of said 93.13 Acre Tract, N87 °49'15'E, passing at a distance of 0.07 feet an iron rod found for the southwest corner of Lot 2, McNutt Park, a subdivision, according to the plat thereof recorded in Cabinet J, Slide 12 of the Plat Records of said county, said point being 0.31 feet north of said north line, and passing at a distance of 514.59 an iron rod found for the southeast comer of said Lot 2, said point being 3.67 feet north of said north line, continuing with the north line of said 93.13 Acre Tract same being the south boundary line of that certain 206.29 Acre Tract, (Tract 3), as conveyed to Beverly Johnson Gordon by deed as described in Document No. 9835986 of the Official Records of said county, in all for a total distance of 1,390.71 feet to an iron rod set for the northeast corner of said 93.13 Acre Tract, the northwest comer of said 206.29 Acre Tract, (Tract I), of land conveyed to said Beverly Johnson Gordon, and for the northeast corner of the herein described tract; THENCE with the east boundary line of said 93.13 Acre Tract, and the west boundary line of said 206.29 Acre Tract, (Tract 1), S02 °22'33'E for a distance of 2,349.61 feet to an iron rod set for the southeast comer of the herein described tract, from which an iron rod with aluminum cap found for the northeast comer of a 3.167 Acre Tract, (Parcel 6), of land as described in Document No. 2000004168, bears S02°22'33"E a distance of 302.87 feet; THENCE departing the west boundary line of said 206.29 Acre Tract through the interior of said 93.13 Acre Tract, the following five (5) courses and distances: 1. S87 °37 "27 "W for a distance of 325.00 feet to an iron rod set for an angle point of the herein described tract; 2. NO2 °22'33 "W for a distance of 319.35 feet to an iron rod set for an angle point of the herein described tract; 3. S87 °10'20 "W for a distance of 834.92 feet to an iron rod set for an angle point of the herein described tract; 4. NO2 °49'40 "W for a distance of 100.00 feet to an iron rod set for an angle point of the herein described tract. r41 65.94 Acre Tract Page 2 of 2 5. S87 °10'20 "W for a distance of 200.00 feet town iron rod set on the east line of said 2.301 Acre Tract, for the southwest corner of the herein described tract; THENCE continuing through the interior of said 93.13 Acre Tract with the east line of said 2.301 Acre Tract, the following three (3) courses and distances: 1. NO2 °49'40"W for a distance of 935.88 feet to an iron rod set for an angle point of the herein described tract; 2. NO2 °29'56 "W for a distance of 342.37 feet to an iron rod set for an angle point of the herein described tract; 3. N04 °15'45 "W for a distance of 665.34 feet to the POINT OF BEGINNING of the herein described tract, and containing 65.94 Acres of Land, more or Less. Surveyed under the direct supervision of the undersigned: �r . • ce A. Hunt - stered Professional Land Surveyor No.4328 BAKER - AICICLEN & ASSOCIATES, INC. 203 E. Main Street, Suite 201 Round Rock, Texas 78664 ga 0.1.597-706\ field nola 65.95 AC 9.27.60 aek4 2,_ Date 60A9ER DELTA CROW SEARING RADIUS' ARC ' CHORD' CI 04•00'36" 3 29 1 2420.00 200.32 20031 CS 02.06'52" 3 74.45'51• • 4400.00 126.32 61624 C3 23•0Y57 X 02144'06 "0 609.30 245.12 244.21 00•30014" 0 /0724'49" 0 2420.00 15.97 9397 05 0TNoz" 1 27119" IT 152416 074.•3 074.43 06 03 5 75.2230 • 209)1 707.30 757.36 SKETCH TO aGGO1gIPAaYFIEQ» NOM 4 07 15 4 COUNTY. TEXAS RIGHT OF ENTERT, POSSESSION coNSTMA:rIOx EASEMENT DOC 02000004166 230 ACRES PARCEL N0. • NUMBER LI L2 La L2 01 DIRECTION S .3•491r E N 02.49'40" • f 7N0 Cr x 04 1 a 02.2235" E x 54 OSTASCE 20.0? 121.54• 200.00' N 02.4940 IF f 2x4915" M 100.010 5801' 5.35 413.99' 62.52' LEGEND IRON NOD 12/ALUMINUM CAP • IRON R0D SET 0 IRON ROD FOUND • CO NC.MO$I4IENT F01ND • PONT OF BEGINNING 0.0.6. RECORD NFORMATIUN ( ) 43EARNO 1•515 - TIC CHORD REAMS OF • 600.56 FOOT ARC PER DOCUMENT NO 2000004166 OF ENE OFFICIAL RECORDS OF •LLMMSON COUNTY, TEXAS. 70(51.4 By: 7 ce A. Hunt. R.P.L. S.. Numbs 4328 203 E. Main 51.. Suite 207 Round Rock. TX 76664 1.5 c0) 000 2 N11r26MYE 3(4.54' SS 5500AI 79 BEVERLY JLNN5OR CORDON DOC. /9/35561 t06t9 ACRES TRACT Fil.1 597 - 706 -24 BY: B JOHNSON *EARNER BAPS CLLIA0SON COUNTY, TEXAS MONT OF 041(97. POSSESSION. CONSTRUCTION EASEMENT 003. /200000401 5.017 ACRES PARCEL NO Baker-Alckien & Associates, Inc. Eng! *ere / Survgerl 0.6.: M: \PROJECTS \1IRNE393 \93.650 6J.-' Development Stage Estimated Date Preliminary Plan Approval T ECIO 2 Final Plat Approval for Residential Tract ee, i '�`-' ( ^ A /2e3Z j� Construction Plan Approval for Residential Tract '� 'AA ..e4;%.) — /'l1 � Z Estimated Building Permits for Residential Tract S l � C-2 2'" Buildout of Residential Tract ZO0 2 J r ! 200, Final Plat Approval for Commercial Tract 2 D Construction Plan Approval for Commercial Tract Zd0 e l- Estimated Building Permits for Commercial Tract 00 9 Buildout of Commercial Tract O 0 S The following is the estimated development schedule for the Property. This schedule and all dates are subject to change depending on, among other things, the timing of governmental approvals. ANNEXATION& DEVELOPMENT AGREEMENT Page 12 Lewis/Nassour Tract 00020364DOC • Exhibit B (Development Schedule) Z and ANNEXATION & DEVELOPMENT AGREEMENT 00020364.DOC 2- 42- O2- 28 -/2c ANNEXATION & DEVELOPMENT AGREEMENT FOR ROADWAY FACILITIES John Lewis and Jimmy Nassour, (hereinafter collectively referred to as "Owner"), and the City of Round Rock, a Texas municipality of the County of Williamson, State of Texas, (hereinafter "the City, ") (collectively hereinafter "the Parties, ") do hereby enter into this Annexation & Development Agreement for Roadway Facilities (hereinafter the "Agreement ") for the purposes of providing for an adequate network of arterial roadways to serve the development project described herein, and providing for reimbursements for excess contributions or credits against roadway impact fees. RECITALS Whereas, Owner has pending a request for annexation of a two tracts of land one of which is approximately 22.06 acres in size, (hereinafter the "Commercial Tract ") and the other of which is approximately 65.94 acres in size, (hereinafter the "Residential Tract ") both tracts hereinafter collectively referred to as "the Property," which is located in the northeast planning area of the City and for which a legal description is attached hereto as Exhibit A -1 and Exhibit A -2; and Whereas, Owner has requested C -1 zoning for the Commercial Tract and SF -2 zoning for 9/( the esffalciereial Tract (the "Requested Zoning ") for the development of the Property (the "Project "); and foes /0ei t /4L Whereas, there presently are insufficient arterial roads in the vicinity of the Property to support the development of such land as contemplated by the Requested Zoning; and Whereas, it is anticipated that, in the event that annexation is approved for the Property as requested by Owner and the Property is developed, there will be significant traffic impacts on the existing and future arterial road network generated by development of the Property; and Whereas, the City has adopted its Transportation Master Plan delineating arterial roadways needed to serve the development of the Property and other property in the northeast planning area of the City; and Whereas, the City has conducted a study of the estimated cost of constructing the needed arterial roadways serving the Property, as shown on the Transportation Master Plan, and the City has provided a copy of the Transportation Master Plan and the aforementioned study to Owner; Whereas, Owner has requested annexation of the Property in advance of construction of the needed arterial roadways; and Whereas, in exchange for annexation of the Property in advance of the construction of the needed arterial roadways, Owner is willing to pay the Fees (as defined in Section 2 below) to partially offset the City's cost of constructing said arterial roadways; and Page 1 Lewis/Nassour TraT Whereas, both Parties acknowledge that the Fees are proportional to the traffic impact anticipated from the proposed development of the Property; and Whereas, the Parties are desirous of assuring that the Project is adequately served with arterial roadways in a timely manner; NOW THEN in consideration of the mutual covenants herein contained, the Parties hereby agree as follows: Section 1. Provision of Roadways and Development Schedule 00020364.DOC A. Access Roads. Owner at its sole expense and in the due course of development of the Property shall provide adequate roadway access to the City's arterial road network serving the Property, consistent with the City's subdivision standards. 13. Development Schedule. Development by Owner of the annexed Property described in Exhibits A -1 and A -2 shall progress in accordance with the schedule attached hereto and incorporated by reference as Exhibit B. The land uses, numbers of dwelling units, and the timing of development set forth in Exhibit B are approximate and subject to change. Section 2. Annexation Fees A. Purpose and Basis for Fee. Owner acknowledges that the existing roadways in the vicinity of the Project and the Property are inadequate to serve the development as proposed by the Owner. In consideration for City agreeing to annex the Property and allowing the Owner to begin its Project, Owner agrees to pay fees to the City for said annexation. Said fees accrue when the Property is annexed and are paid and calculated as set forth below. The annexation fees ( "Fees ") provided for herein are based upon the traffic impact anticipated from the Requested Zoning. B. Amount of Fees. Owner agrees to pay to the City annexation Fees in the amount of $3,600 per Project Net Developable Acre in the Residential Tract and $2,200 per Project Net Developable Acre in the Commercial Tract. The Project, if develo ed in accordance with the Requested Zoning, will contain approximately 57. ?net developable acres in the Residential Tract and approximately 2_& developable acres in the Commercial Tract and being the total acres contained in the Property, net of 7W acres to be dedicated as parkland (the "Project Net Developable Acres "). The total amount of Fees, shall be payable as set forth in this Agreement. C. Modification of Fees. If the actual zoning of the Property, or portion thereof, is different from the Requested Zoning, then (i) the Parties agree that the annexation Fees may be recalculated to reflect any change in traffic impact as set forth in ANNEXATION & DEVELOPMENT AGREEMENT Page 2 Lewis/Nasso Tract ANNEXATION & DEVELOPMENT AGREEMENT 00021548.DOC B. Amount of Fees. Owner agrees to pay to the City annexation Fees in the amount of $3,600 per Project Net Developable Acre in the Residential Tract and $2,200 per Project Net Developable Acre in the Commercial Tract. The Project, if developed in accordance with the Requested Zoning, will contain approximately 65.94 net developable acres in the Residential Tract and approximately 22.06 net developable acres in the Commercial Tract and being the total acres contained in the Property (the "Project Net Developable Acres "). The total amount of Fees, shall be payable as set forth in this Agreement. C. Modification of Fees. If the actual zoning of the Property, or portion thereof, is different from the Requested Zoning, then (i) the Parties agree that the annexation Fees may be recalculated to reflect any change in traffic impact as set forth in subparagraphs (1) and (2) below, or (ii) the Owner may request disannexation as provided in subparagraphs (3) or (4) below. (1) If any such recalculation pursuant to clause (i) above results in increased Fees, then Owner shall have the option of paying the increased Fees or requesting disannexation of the Property, and upon disannexation, Owner will be entitled to a refund of any Fees previously paid. (2) If any such recalculation pursuant to clause (i) above results in a reduced Fees, and if disannexation is not requested and approved pursuant to subparagraph (4) below, then Owner shall be entitled to a refund of Fees previously paid. (3) In the event that Owner disannexation because of increased Fees, the City shall have the option of either approving the disannexation of the Property or accepting the Fees provided for herein based upon the Requested Zoning. (4) In the event that Owner requests disannexation because Owner does not receive the Requested Zoning and the result is decreased Fees, and if the City does not disannex the Property, then this Agreement shall be null and void and the Parties shall have no further duties, obligations, or rights hereunder, including without limitation the obligation to dedicate right -of -way as provided in this Agreement. D. Waiver and Acknowledgment. Owner (i) unconditionally waives any claim that payment of Fees or construction of improvements pursuant to this Agreement constitutes imposition of an unauthorized roadway impact fee within the meaning of Tex. Loc. Gov't Code ch. 395 or otherwise is inconsistent with such law; (ii) Page 3 Lewis/Nassour Tract F. Payment on Sale of Property. In the event that the Property or any portion thereof is sold prior to the time for payment of Fees provided in Section 2.E, all fees shall become immediately due and owing for the portion of the Property sold, unless the purchaser with the consent of the City assumes all obligations imposed under this Agreement. The aforesaid consent of the City shall not be unreasonably withheld. G. Rezoning. In the event that the Property or any portion thereof is rezoned, Owner agrees that the City either may impose additional fees for the portion of the Property rezoned for new land uses or the new zoning classification. Section 3. Waiver of Roadway Impact Fees and Discounts A. In the event that the City adopts a roadway impact fee program that becomes applicable to the Property following payment of Fees, the City agrees to waive payment of roadway impact fees or, in the event of rezoning, credit payment of Fees against roadway impact fees due with respect to the Property and/or other Property which may now or hereafter be owned by Owner in transportation planning area of the City in which the Property is located. B. The City agrees to discount Fees by an amount equal to the proportional value of improvements to arterial roadways designated in the Transportation Master Plan by Owner, as specified under Section 1, or as may be subsequently agreed to. Should the value of such improvements exceed the amount of Fees due for the Property, the City agrees to reimburse Owner for excess costs incurred from the proceeds of Fees or roadway impact fees collected from other developments served by such facilities. Section 4. General Provisions ANNEXATION & DEVELOPMENT AGREEMENT Page 4 Lewis/Nassour Tact 00020364.DOC by the approval and recording of a final plat shall be limited to the portion of the Property included within said plat. A. Assignment. This Agreement, any part thereof, or any interest herein shall not be assigned by Owner without the express written consent of the City. Regardless of the foregoing, Owner shall have the right to assign its interest herein to an entity in which it maintains a majority ownership interest as long as written notice is given to the City twenty (20) days prior to said assignment. Any such assignment shall contain a provision that the assignee waives and acknowledges the matters set out in Section 2.D herein. B. Effect of Failure to Annex. In the event that the City fails to annex the Property as requested by Owner, or portion thereof, this Agreement shall be deemed null and void with respect to such Property or portion thereof. 00020364.DOC C. Waiver. No covenant or condition of this Agreement may be waived without consent of the Parties. Forbearance or indulgence by the City shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. D. Independent Contractor Status. Owner agrees that it is an independent contractor and not an officer, agent or servant or employee of the City; that Owner shall have exclusive control of and right to control the details of the work performed hereunder and all persons performing same, and shall be responsible for the acts and omissions of its officers, agents, employees, contractors, subcontracts and consultants; that the doctrine of respondeat superior shall not apply as between or among the City, Owner, its officers, agents, employees, contractors, subcontractors and consultants, and nothing herein shall be constructed as creating a partnership or joint enterprise between and/or among the City, and/or Owner. E. Venue. Venue of any action brought hereunder shall be in Williamson County, Texas. F. Third Party Beneficiaries. For purposes of this Agreement, including its intended operation and effect, the Parties specifically agree that (1) the Agreement only affects matters /disputes between the Parties to this Agreement, and is in no way intended by the Parties to benefit or otherwise affect any third person or entity, other than Owner's lender, notwithstanding the fact that such third person or entities may be in a contractual relationship with the City or Owner or both; and (2) the terms of this Agreement are not intended to release, either by contract or operation of law, any third person or entity from obligations owing by them to either the City or Owner. G. Authority to Act. The Parties each represent and warrant that the signatories on this Agreement are authorized to execute this Agreement and bind his/her principals to the terms and provisions hereof. Each Party warrants that any action required to be taken in order for this Agreement to be binding on it has been duly and properly taken prior to the execution of this Agreement. H. Incorporation of Recitals. The recitals contained at the beginning of this Agreement shall be deemed a part of the Agreement and hereby are incorporated by reference herein. L No Guarantee of Zoning. Nothing contained in this Agreement shall be construed as obligating the City to zone the Property in conformity with the zoning requested by Owner. J. Covenant Running With the Land. The covenants contained herein shall run with the land and bind all successors, heirs and assignees of the Property owner. In ANNEXATION & DEVELOPMENT AGREEMENT Page 5 Lewis/Nassour TrStt 00020364.DOC addition, this Agreement shall be filed of record in the Real Property Records of Williamson County, Texas as evidence thereof. K. Releases. Provided there exists no event of default under this Agreement, Owner will be entitled to have all or a portion of the Property released from the terms and conditions of this Agreement upon full payment of the Fees due for the Property or portion thereof. At the time a partial release is requested, the Owner must furnish the City a calculation of area by field notes and a plat indicating the area to be released. All expenses incident to the granting of releases will be borne by the Owner. IN WITNESS WHEREOF, the Parties to these presents have executed this Contract in two (2) counterparts, each of which shall be deemed an original on this the //( day of February, 2002. CITY OF ROUND ROCK, TEXAS ANNEXATION & DEVELOPMENT AGREEMENT Page 6 Lewis/Nassour Tr.�,[ ti( THE STATE OF TEXAS COUNTY OF WILLIAMSON 2002. THE STATE OF TEXAS COUNTY OF WILLIAMSON 2002. "" ELiZABEi`H HAYNES I NOTARY PUBLIC * r / State of Texas oc 14 Canm. Exp. 04-24 -2002 § § ANNEXATION & DEVELOPMENT AGREEMENT Page 7 00020364.DOC CITY OF ROUND ROCK ACKNOWLEDGMENT BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Robert A. Stluka, Jr., known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that he has authority to act on behalf of the City of Round Rock, and that he executed same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the () of February, kLud-,,,u)e 6.7 Public in d for State of Texas 2 ISY /AZ E . /Th Tiil62 Notary's Printed Name JOHN LEWIS ACKNOWLEDGMENT BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared John Lewis, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed same for the purposes and consideration therein expressed . GIVEN UNDER MY HAND AND SEAL OF OFFICE this the G iiiatfreo Notary P in for fin State of Texas EIia«h U/S Notary's Printed Name ay of February, Lewis/Nassour Tract THE STATE OF TEXAS COUNTY OF WILLIAMSON 2002. 00020364.DOC AI3HA a TE �ART PUBLIC ; STATE OF TWO o MY COMM. EXP. 02-08 § ANNEXATION & DEVELOPMENT AGREEMENT Pape 8 TIMMY NASSOUR ACKNOWLEDGMENT BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Jimmy Nassour, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 1 I day of February, Not Public in and for the State of Texas AiSkt D. Dc La Furn Notary's Printed Name Lewis/Nassour Tract 22.06 Acre Tract Page 1 of 2 DESCRIPTION FOR A 22.06 ACRE TRACT OF LAND SITUATED IN THE ROBERT MCNUTT SURVEY, ABSTRACT NO 422, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 93 13 ACRE TRACT OF LAND AS DESCRIBED IN THAT DEED TO BARNES 93 ACRES. LTD., ET AL. BY INSTRUMENT RECORDED AS DOCUMENT NO. 9911566 OF THE OFFICIAL RECORDS OF SAID COUNTY AND AS DESCRIBED IN THAT DEED TO JAMES D. GRESSETT BY INSTRUMENT RECORDED AS DOCUMENT NO. 2000004166 OF THE OFFICIAL RECORDS OF SAID COUNTY, SAID 22.06 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod with a TxDot aluminum cap found on the east line of said 93.13 Acre Tract, and on the west line of a called 206.29 Acre Tract, (Tract 1), of land as described in that deed to Beverly Johnson Gordon by instrument recorded as Document No. 9835986 of the Official Records of said county, and for the northeast comer of a called 3.167 Acre Tract, (Parcel No. 6), of land as described in that right of entry, possession, and construction easement to Williamson County, Texas, by instrument recorded as Document No. 2000004168 of the Official Records of said county, and for the southeast corner and POINT OF BEGINNING of the herein described tract, from which an iron rod set for the northeast corner of said 93.13 Acre Tract bears NO2 °22'33 "W a distance of 2,652.43 feet and from which the southeast comer of said 93.13 Acre Tract bears S02 °23'33 "E a distance of 105.99 feet; THENCE with the north line of said 3.167 Acre Tract, through said 93.13 Acre Tract, with the south line of the herein described tract, the following three (3) courses and distances: 1. With the arc of a curve to the left, passing at an are distance of 135.70 feet a Type 11 TxDot monument found, in all for a total arc distance of 800.38 feet, with a central angle of 04 °00'56 ", a radius of 11,420 feet and a chord which bears S78°11 '20 for a distance of 800.21 feet to a Type 11 TxDot monument found for the end of said curve and an angle point, 2. S13 °49'17 "E for a distance of 20.01 feet to a Type II TxDot monument found for a point of curvature, 3. With the arc of a curve to the left, passing at an are distance of 349.06 feet a Type R TxDot monument found, in all for a total arc distance of 626.32 feet with a central angle of 03 °08'52 ", a radius of 11,400 feet and a chord which bears S74 °35'38 "W for a distance of 626.24 feet to a Type 11 TxDot monument found, on the north right -of -way line of U.S. Highway 79, (right -of -way width varies), for the northwest corner of said 3.167 Acre Tract, and the most southerly southwest comer of the herein described tract; THENCE with the south boundary line of said 93.13 Acre Tract, and the north right -of- way line of U.S. Highway 79, N54 °21'06' W for a distance of 9.36 feet to a Type 11 TxDot monument found on the east right -of -way of County Road 122, (right -of -way width varies), for the most westerly southwest comer of the said 93.13 Acre Tract, and for the most westerly southwest comer of the herein described tract, THENCE departing said north right -of -way line of U.S. Highway 79, with the west boundary line of said 93.13 Acre Tract, and the east right -of -way line of County Road 122, NO2 °43'25 "W for a distance of 639.07 feet to an iron rod set for the south corner of that certain 2.301 Acre Tract of land described in a right of entry, possession, and construction easement to Williamson County, Texas, by instrument recorded as Document No, 2000004168 in the Official Records of said county; EXHIBIT A -1 22.06 Acre Tract Page2of2 THENCE through said 93.13 Acre Tract, with the east line of said 2.301 Acre Tract and the west line of the herein described tract, the following two (2) courses and distances: 1. With the arc of a curve to the left having an arc length of 245.92 feet, with a central angle of 23 °07'31 ", a radius of 609.30 feet and a chord which bears N08 °44'06 "E for a distance of 244.26 feet to an iron rod set for a point of tangency, 2. NO2 °49'40 "W for a distance of 121.54 feet to an iron rod set for the northwest comer of the herein described tract; THENCE leaving the east line of said 2.301 Acre Tract and continuing through the interior of said 93.13 Acre Tract the following five (5) courses and distances: 1. N87 °10'20 "E for a distance of 200.00 feet to an iron rod set on an angle point of the herein described tract, 2. S02 °49'40 "E for a distance of 100.00 feet to an iron rod set on an angle point of the herein described tract, N87 °10'20 "E for a distance of 834.92 feet to an iron rod set on an angle point of the herein described tract, S02 °22'33'E for a distance of 319.35 feet to an iron rod set on an angle point of the herein described tact, N87 ° 37'27 "E for a distance of 325.00 feet to an iron rod set on the east boundary line of said 93.13 Acre Tract, same being on the west boundary line of said 209.26 Acre Tract, (Tract 1), for the most easterly northeast comer of the herein described tract; THENCE with the east boundary line of said 93.13 Acre Tract, same being the west boundary line of said 206.29 Acre Tract, S02 °22'33'E for a distance of 302.87 feet to the POINT OF BEGINNING of the herein described tract, and containing 22.06 Acres of Land, more or less. Survey s under the direct supervision of the undersigned: ce A. Hunt stered Professional Land Surveyor No.4328 BAKER- AICKLEN & ASSOCIATES, INC. 203 E. Main Street, Suite 201 Round Rock, Texas 78664 °:1597 -706V Id notes 9 -26-00 & 4 4, 2eoo Date 54(905 DELTA CND. SEARING RADIUS' AEC' CH090' CI 04 575,'20 "W 2420.00 600.50 60021 02 0306'92• 5 74.35'36 0 1400.00 626.32 62614 C3 23 3106 "E 40930 249.52 24426 C4 00.30 H 60 C 6420.00 99.67 69.97 06 02.6,22" 5 73•1119" 2 25244 574,49 524.43 C6 03.46'04° 573•22'30 "W 650.54 762.50 75736 LEGEND IRON ROD W /AWMINUM CAP • IRON RCO SET 90011 600 7 0UND • CONC.MONOMENT FOUND • PONT Cr BEGINNING RECORD INFORMATION ( SKETCH TO ACCOIWPAFff FIELD NOTES *0474•300 20°457. TEXAS RIONT OF ENTER,. POSSESSION CONSTRUCTION EASEMENT 006 10000004100 2,01 ACRES PARCEL NO. • NUMBER CI L2 13 L4 L6 L6 L7 Le DIRECTION d 13.49117 E N 02 5 N 0179050" E d 02.49'40" E a 9749'l6" W N 04.21 . 06" W 3 02 "E N 54.34'36" W DISTANCE 20.0l' 01.54 200.00' 9.36' 50059' 62.52' 45E4RN0 54515 - THE CNORD SEARING OP"A 50055 FOOT ARC PEN DOCUMENT N0 2000004165 OF THE 0771041 RECOR06 OP WSI4NSON COUNTY, TEXAS Prep0red By: 17 n 4. Hunt, R.P.L.S., Number 4328 203E Mak, St., Sui16 201 Round Rock, TX 76664 CND7T PAR5 046 405 20 52 N 61724'.5" 0 554.64' N 5174915 "E 1390.10 IN ar37'42• E1 9420,797 L6 O 85.94 ACRES 0[02447 JOMOCW GORDON DOC #66459 206.29 ACRES CT 5 BARNS 55 ACRES. LTD. E T AI- MC. 0596566 AND Doc. e�DD000445 OF A CALLED 930 ACRE TRACT cB AY �g 3 g(GFIR Filo: 597- 706 -24 BY: 8 JOHNSON 155 ownAr BEARING BASIS i 400' 55.LIAMSO5 COUNTY, TEXAS MOW OF ENTER, POSSESSION. CONSTRUCTION EASEMENT 00C. 12000101166 S.NT ACRES PARCEL N0. 6 Baker- Alckle i A•BOaI•t••, Ma E gt 44m / 5ur047or9 \P701E070\6490E555\93406405 65.94 Acre Tract Page 1 of 2 DESCRIPTION FOR A 65.94 ACRE TRACT OF LAND SITUATED IN THE ROBERT MCNUTT SURVEY, ABSTRACT NO. 422, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 93 13 ACRE TRACT OF LAND AS DESCRIBED IN THAT DEED TO BARNES 93 ACRES, LTD., ET AL., BY INSTRUMENT RECORDED AS DOCUMENT NO. 9911566 OF THE OFFICIAL RECORDS OF SAID COUNTY AND DESCRIBED IN THAT DEED TO JAMES D. GRESSETT BY INSTRUMENT RECORDED AS DOCUMENT NO. 2000004166 OF THE OFFICIAL RECORDS OF SAID COUNTY, SAID 65.94 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod set for the northwest corner of said 65.94 Acre Tract, same being the northeast comer of a 2.301 Acre Tract, (Parcel 4), of land as described in that right of entry, possession, and construction easement to Williamson County, Texas, by instrument recorded as Document No. 2000004168 in the Williamson County, Texas, Official Records, being the northwest corner and POINT OF BEGINNING of the herein described tract, from which an iron rod found on the east right -of -way line of County Road 122, for the northwest corner of said 93.13 Acre Tract, and the northwest corner of said 2.301 Acre Tract , bears S87 °49' 15 "W a distance of 30.08 feet; THENCE with the north boundary line of said 93.13 Acre Tract, N87 °49' 15 "E, passing at a distance of 0.07 feet an iron rod found for the southwest corner of Lot 2, McNutt Park, a subdivision, according to the plat thereof recorded in Cabinet J, Slide 12 of the Plat Records of said county, said point being 0.31 feet north of said north line, and passing at a distance of 514.59 an iron rod found for the southeast comer of said Lot 2, said point being 3.67 feet north of said north line, continuing with the north line of said 93.13 Acre Tract same being the south boundary line of that certain 206.29 Acre Tract, (Tract 3), as conveyed to Beverly Johnson Gordon by deed as described in Document No. 9835986 of the Official Records of said county, in all for a total distance of 1,390.71 feet to an iron rod set for the northeast corner of said 93.13 Acre Tract, the northwest corner of said 206.29 Acre Tract, (Tract 1), of land conveyed to said Beverly Johnson Gordon, and for the northeast corner of the herein described tract; THENCE with the east boundary line of said 93.13 Acre Tract, and the west boundary line of said 206.29 Acre Tract, (Tract 1), S02 °22'33 "E for a distance of2,349.61 feet to an iron rod set for the southeast comer of the herein described tract, from which an iron rod with aluminum cap found for the northeast corner of a 3.167 Acre Tract, (Parcel 6), of land as described in Document No. 2000004168, bears S02 °22'33'D a distance of 302.87 feet; THENCE departing the west boundary line of said 206.29 Acre Tract through the interior of said 93.13 Acre Tract, the following five (5) courses and distances: 1. S87 °37 "27 "W for a distance of 325.00 feet to an iron rod set for an angle point of the herein described tract; 2. NO2 °22'33 "W for a distance of 319.35 feet to an iron rod set for an angle point of the herein described tract; 3. S87 °10'20 "W for a distance of 834.92 feet to an iron rod set for an angle point of the herein described tract; 4. NO2 °49'40 "W for a distance of 100.00 feet to an iron rod set for an angle point of 9 1.1..-4 1 4 ( the herein described tract. EXHIBIT A -2 65.94 Acre Tract Page 2 of 2 5. S87 °10'20 "W for a distance of 200.00 feet to an iron rod set on the east line of said 2.301 Acre Tract, for the southwest corner of the herein described tract; THENCE continuing through the interior of said 93.13 Acre Tract with the east line of said 2.301 Acre Tract, the following three (3) courses and distances: 1. NO2 °49'40 "W for a distance of 935.88 feet to an iron rod set for an angle point of the herein described tract; 2. NO2 °29'56"W for a distance of 342.37 feet to an iron rod set for an angle point of the herein described tract; 3. N04 °15'45 "W for a distance of 665.34 feet to the POINT OF BEGINNING of the herein described tract, and containing 65.94 Acres of Land, more or less. Surveyed under the direct supervision of the undersigned: f p�,- e A. Hunt - Date stered Professional Land Surveyor No.4328 BAKER- AICKLEN & ASSOCIATES, INC. 203 E. Main Street, Suite 201 Round Rock, Texas 78664 0:1597- 7061field notes 65.95 AC 9-27-00 91( ELIAMSON COUNTY, TEXAS MONT OF EATERY. POSSESSION, CONST ROCTpN EASEMENT 0 ACRES 0000108 2801 ACRES FARM x0. 4 NUMBER LI L2 LS LA LS L6 L T LB DIRECTION S ,s' /951'' E N 02 M S 87.10'20' A x 02 x 8 87.499" 9 x 802106" e e 07.22'33" E 54 54.34'36" x DISTANCE 20.02 121 .34' 20000' 10000' 30.09' 108.98' 82.32' LEGEND RCN ROD W /ILUUORM CAP • IRON ROD SET 0 IRON ROD FOUND • CONC.NONN4NT FOUND • POSIT OF 6EO0RMA 77.0,1 RECORD SFORAM110N ( ) $KET H TD ACCOMPANY FIELD NOTE 00 0 BARNS ACRES, 91 000 OF A CALLED 9323 ACRE TRACT 49EAR300 BASIS - THE CN060 MARINO OF • 900.38 FOOT ARC PER DOCUMENT NO 2000004/99 OF 7HE OFFICIAL 9EC9603 OF 176LIAMSON COUNTY, TEXAS. Prepared 801 Orr5nce A. Hunt, R.P.L.S., Number 4328 203 E. AWM 51„ Suite 201 Round Rock. TX 78664 CAD J LOT E N 97 E 5(4.34' c6 U 5 NIGµ11AY 19 L-BI €0 BEVERLY JOM ON CDROM D00 /3033986 20829 ACRES TRACT3 File: 597- T06 -24 BY: B JOHNSON A. 136 * SEARING 09016 IEL1115009 COUNTY. 11093 ROW 00 EATERY, POS3ESI10N. CONSTRUCTION EASEMENT 000.00000004(60 3.97 ACRES PARCEL NO. 5 C2 C3 03 C6 DELTA 04 03 23.01'31" 00'30'06" 02'6222" 03 00000 REARMS S WNW N a waste 1 5 0Y14'06" E M 90'2498" E S T9•RY9' w 3 76•22'30" 9 RADIUS 642000 6400.00 509.30 •u0.00 532425 ANN. ARC 300.39 42032 243.92 89.57 374.49 737.30 CHORD' 800.2? 62624 244.25 89.97 774.43 757.36 Bakar-Alcklan & Associates, Inc. Engineer* / Surveyors rue Anne W: \PROJECT9VARNE893 \98ACBASE Development Stage Estimated Date Preliminary Plan Approval r 2av g- r s Final Plat Approval for Residential Tract / G4., / - 0-4-T � Z ih Construction Plan Approval for Residential Tract 5- / — /1/ 47 2002 ( Estimated Building Permits for Residential S � / — 2 t Tract , Buildout of Residential Tract , /n1 2 0 0 2 „TAa 20t d _ Final Plat Approval for Commercial Tract ZoO Construction Plan Approval for Commercial Tract Z O-a 1 -ft Estimated Building Permits for Commercial Tract 2-.0 a '1 Buildout of Commercial Tract 0 OS The following is the estimated development schedule for the Property. This schedule and all dates are subject to change depending on, among other things, the timing of governmental approvals. ANNEXATION & DEVELOPMENT AGREEMENT 00020364.DOC a2- ac.i Exhibit B (Development Schedule) Page 12 Lewis/Nassour Tract 12 3 oa -oa -01g -1.2c FILED RND RECORDED OFFICIAL PUBLIC RECORDS e 05- 16- 200708:47 AM 2002037039 ANDERSON $75.00 NANCY E. RISTER ,COUNTY CLERK WILLIAMSON COUNTY, TEXAS P,tutat 'law/KJ CITY OF ROUND ROCK ADMINISTRATION 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664