R-02-12-05-8B2 - 12/5/2002.. OOWA\ WORLOOX\ o . \WLOX \RRSOLUTI \R212O582.WPO /ec
•
RESOLUTION NO. R- 02- 12- 05 -8B2
WHEREAS, the City of Round Rock wishes to enter into an
Annexation & Development Agreement for Roadway Facilities with RR Texas
Rainbow Company for a tract of land containing 1.795 acres and a tract
of land containing 14.586 acres, totalling 16.381 acres of land, more
or less of the Joseph Marshall Survey, A -409, 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 RR Texas Rainbow Company for a tract of land containing
1.795 acres and a tract of land containing 14.586 acres, totalling
16.381 acres of land, more or less out of the Joseph Marshall Survey,
A -409, 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 5th day of December, 2002.
T • ST:
R 0
CHRISTINE R. MARTINEZ, City Secreta
2
MAXWELL, Mayor
City of Round Rock, Texas
ANNEXATION & DEVELOPMENT AGREEMENT
FOR ROADWAY FACILITIES
RR Texas Rainbow Company, a Texas Corporation, (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 14.586 acres in size, (hereinafter "Tract A ") and the other of which is
approximately 1.795 acres in size, (hereinafter "Tract B ") 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 and
Whereas, Owner has requested C -1/PV (General Commercial Zoning with a Palm Valley
Overlay), hereinafter (the "Requested Zoning ") for the development of the Property (the
"Project"); and
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 1
annexation agreement
EXHIBIT
OA.
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.
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 $2,200 per Project Net Developable Acre for Tract A and $14,130 per Project
Net Developable Acre for Tract B. Tract A and Tract B, if developed in
accordance with the Requested Zoning, will contain approximately 16.381 net
developable acres within the property to be annexed (the "Net Developable
Acres "). The total amount of Fees, shall be payable as set forth in this Agreement.
Net Developable Acres does not include portions of Owner's Project which have
been previously annexed by the City.
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 Pape 2
annexation agreement
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 requests 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 releases and discharges 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,
related to, connected with, or arising from the City's requirement for the Owner
and Developer to agree to pay the Fees as a condition to annexation of the
Property.
E. Time for Payment. Fees shall be paid as follows:
ANNEXATION & DEVFLOPMENT AGREEMENT Page 3
annexation agreement
(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 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. Nothing in
this subsection shall be construed as a waiver of the provisions of Section 2,C,
above.
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.
ANNEXATION & DEVELOPMENT AGREEMENT Page 4
annexation agreement
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.
• 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.
ANNEXATION & DEVELOPMENT AGREEMENT Page 5
annexation agreement
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 Requested
Zoning.
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 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
2002.
ANNEXATION & DEVELOPMENT AGREEMENT Page 6
annexation agreement
CITY OF ROUND ROCK, TEXAS
By:
Nyle Maxwell, Mayor
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
22002.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of
THE STATE OF TEXAS
C 0LL /N
COUNTY OF WILLIAMSON
/2002.
SHARON L SEWNGER
MY COMMISSION EXPIRES
September 14, 20E6
ANNEXATION& DEVELOPMENT AGREEMENT Page 7
annexation agreement
OWNER RR 're
$ U
CITY OF ROUND ROCK
ACKNOWLEDGMENT
AS V Cwt �y
/�i. I� / !1. 1"
6lf4ss ,4n/ KO
BEFORE ME. the undersigned authority, a notary public in and for the State of Texas, on
this day personally appeared Nyle Maxwell, 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.
Notary Public in and for the State of Texas
Notary's Printed Name
§
ACKNOWLEDGMENT
BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on
this day personally appeared o XiasSan Pnzct // , 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 a.3 day ofhgypojI
otar y Public in an. for the St f'e of Texas
/
Notary's Printed Name
t ee") Wad'
Exhibit A
Tract A Property Description
and
Tract B Property Description
ANNEXATION & DEVELOPMENT AGREEMENT Page 8
annexation agreement
/AIR I:It
J.S. COALTER & ASSOCIATES
IOW: IS I'I :RE n PIIOFESSIONAI. 1.A4 Il SURVEYOR
LICENSE" STATE I.AN II SURVEYOR
.orvicE MANAGER
FIELD NOTES
995 N. 111 °S.SU ITC 108
ROUND ROCKC,'1'CXAS 79991
i TEA C81M1, C
15121255 -9293 FACSIMII.1:
BEING 14.586 ACRES OF LAND OUT OF THE JOSEPH MARSHALL SURVEY,
ABSTRACT NO. 409, IN WILLIAMSON COUNTY, TEXAS, AND BEING A PART OF
THAT CERTAIN 44.96 ACRE TRACT OF LAND DESCRIBED IN A DEED TO TEXAS
RAINBOW COMPANY RECORDED IN VOLUME 1095, PAGE 752, OFFICIAL PUBLIC
RECORDS OF WILLIAMSON COUNTY, AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS, TO WIT:
BEGINNING at the intersection of the west line of said 44.96 acre tract and the north line of that
certain 32.72 acre tract of land annexed by the City of Round Rock by Ordinance No. 861 dated
December 13, 1984, from which the southwest comer of said 44.96 acre tract bears S0 °25'47 "W
a distance of 202.08 feet;
THENCE N 0° 25' 47" E a distance of 980.40 feet to the northwest corner hereof;
THENCE S 89° 34' 13" E a distance of 897.38 feet, crossing said 44.96 acre tract, to the
northeast corner hereof in the west line of that certain tract of land called 1.837 acres described in
a deed to Williamson County recorded as County Clerk's Document No. 2001015273 in the
Official Public Records of Williamson County;
THENCE with the west line of said 1.837 acre tract, the following described four (4) courses and
distances:
1) An arc distance of 191.59 feet with a curve to the right, said curve
having a central angle of 21° 33' 13 ", a radius of 509.30 feet, a chord
distance of 190.46 feet and a chord bearing of S 21° 15' 03" W to
an iron rod found;
2) S 32° 00' 06" W a distance of 168.76 feet to an iron rod found;
3) An arc distance of 414.56 feet with a curve to the left, said curve
having a central angle of 38° 59' 00 ", a radius of 609.30 feet, a chord
distance of 406.61 feet and a chord bearing of S 12° 31' 38" W to
an iron rod found at the point of compound curvature, and;
4) An arc distance of 47.28 feet with a curve to the left, said curve
having a central angle of 0° 55' 46 ", a radius of 2915.00 feet, a chord
distance of 47.25 feet and a chord bearing of S 7° 27' 15" E to a
point in the north line of said 32.72 acre tract;
THENCE with the north line of said 32.72 acre tract, an arc distance of 696.47 feet with a curve
to the left, said curve having a central angle of 3° 37' 48 ", a radius of 10993.12 feet, a chord
distance of 696.35 feet and a chord bearing of S 72° 30' 59" W to the Place of Beginning,
containing 14.586 acres of land.
COALTER & ASSOCIATES, SURVEYORS
Stan Coalter, RPLS, LSLS
10 -21 -02
File No. 99100B
AN COAL) CR 105 N. 111 30. SUIT1: too
I), ISIS KF.C.ISrLRLD 1IC0192SSIUNAI. LAND SURVEYOR ROUND ROCK.,EXAS 70001
LICENSED SI'A'l I) 1.ANU SURV(:VUIC
.L... 1U MAN 21 250 8211 TELEPOONE
C■1'1 MANAGER
J.S. COALTER & ASSOCIATES
FIELD NOTES
1512) 25041263 FACSIMILD
BEING 1.795 ACRES OF LAND OUT OF THE JOSEPH MARSHALL SURVEY,
ABSTRACT NO. 409, AND THE ROBERT McNUTT SURVEY, ABSTRACT NO. 422, IN
WILLIAMSON COUNTY, TEXAS, AND BEING A PART OF THAT CERTAIN 44.96 ACRE
TRACT OF LAND DESCRIBED IN A DEED TO TEXAS RAINBOW COMPANY
RECORDED IN VOLUME 1095, PAGE 752, OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, AND A PART OR PORTION OF COUNTY ROAD 122
VACATED AND ABANDONED BY THE COMMISSIONERS COURT OF WILLIAMSON
COUNTY AND RECORDED IN VOLUME , PAGE
COMMISSIONERS COURT MINUTES, AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS, TO WIT:
BEGINNING at an iron rod found in the east line of said 44.96 acre tract, from which the
northeast corner thereof bears NORTH a distance of 1393.18 feet, said iron rod being in the west
line of County Road No. 122 and being the northwest corner of that portion of said road vacated
by the Commissioner's Court of Williamson County as aforesaid;
THENCE N 32° 02' 17" E a distance of 14.51 feet along the northerly line of the abandoned
portion of said road to an iron rod found;
THENCE along the northerly line of the abandoned portion of said road, an arc distance of 92.63
feet with a curve to the left, said curve having a central angle of 8° 42' 39 ", a radius of 609.27
feet, a chord distance of 92.54 feet and a chord bearing of N 27° 40' 57" E to an iron rod found at
the northeast corner of said abandoned portion of said road in the west line of that certain 110
acre tract of land described in a deed to W. G. Bames recorded in Volume 311, Page 218, Deed
Records of Williamson County;
THENCE SOUTH a distance of 536.28 feet with the west line of said 110 acre tract to its
intersection with the north line of that certain 32.72 acre tract of land annexed by the City of
Round Rock by Ordinance No. 861 dated December 13, 1984;
THENCE with the line of said Round Rock City Limits, the following described two (2) courses
and distances:
1) An arc distance of 178.23 feet with a curve to the left, said curve having a
central angle of 00° 52' 20 ", a radius of 11709.16 feet, a chord distance of
178.23 feet and a chord bearing of S 75° 27' 07" W to the point of
compound curvature, and;
2) An arc distance of 30.42 feet with a curve to the left, said curve having a
central angle of 00° 09' 31 ", a radius of 10993.12 feet, a chord distance of
30.42 feet and a chord bearing of S 74° 56' 12" W to a point in the east
line of that certain tract of land called 1.837 acres described in a deed to
Williamson County for the relocation of County Road No. 122;
THENCE with the east line of said 1.837 acre tract, the following described three (3) courses and
distances:
1) An arc distance of 32.48 feet with a curve to the right, said curve having a
central angle of 00 39' 40 ", a radius of 2815.00 feet, a chord distance of
32.48 feet and a chord bearing of N 7° 16' 33" W to an iron rod found;
2) An arc distance of 346.66 feet with a curve to the right, said curve having a
central angle of 38° 59' 55 ", a radius of 509.30 feet, a chord distance of 340.00
feet and a chord bearing of N 12° 30' 15" E, and;
3) N 32° 02' 17" E a distance of 154.01 feet to the Place of Beginning, containing
1.795 acres of land.
COALTER & ASSOCIATES, SURVEYORS
Stan Coalter, RPLS, LSLS
10 -21 -02
File No. 99100A
•
DATE: November 27, 2002
SUBJECT: City Council Meeting — December 5, 2002
ITEM: 8.B.2. Consider a resolution authorizing the Mayor to execute an
Annexation and Development Agreement for Roadway Facilities
with RR Texas Rainbow Company for 16.381 acres of land.
(Rainbow Tract) (First Reading)
Resource: Joe Vining, Planning Director
History: The owners of two tracts of land totaling 16.381 acres noted above located in the
vicinity of County Roads 113 and 122, wish to annex and develop their property
at urban densities. The arterial roads in this area are not sufficient to handle
increased traffic that would be generated by the proposed development.
The owners wish to proceed with their development 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:
Cost: N/A
Source of Funds: N/A
Outside Resources: Edmond Haas, Parsons Transportation Group
Dan Sefko, Dunkin, Sefko & 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: None required.
Sponsor: Planning and Community Development Department
RR Texas Rainbow Company, a Texas Corporation, (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.
£- oa -ia -o5 gsu
ANNEXATION & DEVELOPMENT AGREEMENT
FOR ROADWAY FACILITIES
RECITALS
Whereas, Owner has pending a request for annexation of a two tracts of land one of
which is approximately 14.586 acres in size, (hereinafter "Tract A ") and the other of which is
approximately 1.795 acres in size, (hereinafter "Tract B ") 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 and
Whereas, Owner has requested C -1 /PV (General Commercial Zoning with a Palm Valley
Overlay), hereinafter (the "Requested Zoning ") for the development of the Property (the
"Project "); and
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 1
annexation agreement
f •
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.
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 $2,200 per Project Net Developable Acre for Tract A and $14,130 per Project
Net Developable Acre for Tract B. Tract A and Tract B, if developed in
accordance with the Requested Zoning, will contain approximately 16.381 net
developable acres within the property to be annexed (the "Net Developable
Acres "). The total amount of Fees, shall be payable as set forth in this Agreement.
Net Developable Acres does not include portions of Owner's Project which have
been previously annexed by the City.
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
annexation agreement
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 requests 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 releases and discharges 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,
related to, connected with, or arising from the City's requirement for the Owner
and Developer to agree to pay the Fees as a condition to annexation of the
Property.
E. Time for Payment. Fees shall be paid as follows:
ANNEXATION & DEVELOPMENT AGREEMENT Page 3
annexation agreement
(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 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. Nothing in
this subsection shall be construed as a waiver of the provisions of Section 2,C,
above.
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.
ANNEXATION & DEVELOPMENT AGREEMENT Page 4
annexation agreement
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.
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.
ANNEXATION & DEVELOPMENT AGREEMENT Page 5
annexation agreement
4
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 Requested
Zoning. '
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 borne by
the Owner.
IN WITNESS WHEREOF, the Parties to these presents have executed this c ontract in
o (2) cou terparts, each of which shall be deemed an original on this the day of
, 2002.
ANNEXATION & DEVELOPMENT AGREEMENT Page 6
annexation agreement
CITY OF ROUND ROCK, TEXAS
t � 5
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 Nyle Maxwell, 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.
22002.
th
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of.i lY
, tl / y t
No Public in an for the State of Texas
/e
I f i r,N6 . fi'Jfiienitil6z ,
CHRISTINE R. MARTINEZ
MY COMMISSION EXPIRES
August 28, 2005
THE STATE OF TEXAS
C 04L /Al
COUNTY OF WILLIAMSON
2002.
SHARON L. SEWNGER
MY COMMISSION EXPIRES
Septealdr 14, 2006
ANNEXATION & DEVELOPMENT AGREEMENT
annexation agreement
OWNER RR TF RS 1 g0 6otivlkk,y
§ KO- •4 �� 'Zed' CITY OF ROUND ROCK /
§ ACKNOWLEDGMENT
Notary's Printed Name
§
ACKNOWLEDGMENT
BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on
this day personally appeared ssc/n FrjzetJi , 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 day ofhny p
tary Public in an • for the St !e of Texas
_c /.4 f)n L .c,i iri j
Notary's Printed Name
Page 7
Exhibit A
Tract A Property Description
and
Tract B Property Description
ANNEXATION & DEVELOPMENT AGREEMENT Page 8
annexation agreement
4 � �
S I'AN t'<1A1:1 Eli
<11 19CE MANAGES
J.S. COALTER & ASSOCIATES
REGIS 11:11E0 PROFESSIONAL. LAND SURVEYOR.
LICENSED STATE. LAND SURVEYOR
FIELD NOTES
905 N 111 35. sul'rI 100
ROUND ROCK. TEXAS 78001
1 TELEPHONE
111121 25,8203 FACS1M11.1,
BEING 14.586 ACRES OF LAND OUT OF THE JOSEPH MARSHALL SURVEY,
ABSTRACT NO. 409, IN WILLIAMSON COUNTY, TEXAS, AND BEING A PART OF
THAT CERTAIN 44.96 ACRE TRACT OF LAND DESCRIBED IN A DEED TO TEXAS
RAINBOW COMPANY RECORDED IN VOLUME 1095, PAGE 752, OFFICIAL PUBLIC
RECORDS OF WILLIAMSON COUNTY, AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS, TO WIT:
BEGINNING at the intersection of the west line of said 44.96 acre tract and the north line of that
certain 32.72 acre tract of land annexed by the City of Round Rock by Ordinance No. 861 dated
December 13, 1984, from which the southwest corner of said 44.96 acre tract bears S0 °25'47 "W
a distance of 202.08 feet;
THENCE N 0° 25' 47" E a distance of 980.40 feet to the northwest corner hereof;
THENCE S 89° 34' 13" E a distance of 897.38 feet, crossing said 44.96 acre tract, to the
northeast corner hereof in the west line of that certain tract of land called 1.837 acres described in
a deed to Williamson County recorded as County Clerk's Document No. 2001015273 in the
Official Public Records of Williamson County;
THENCE with the west line of said 1.837 acre tract, the following described four (4) courses and
distances:
1) An arc distance of 191.59 feet with a curve to the right, said curve
having a central angle of 21 33' 13 ", a radius of 509.30 feet, a chord
distance of 190.46 feet and a chord bearing of S 21° 15' 03" W to
an iron rod found;
2) S 32° 00' 06" W a distance of 168.76 feet to an iron rod found;
3) An arc distance of 414.56 feet with a curve to the left, said curve
having a central angle of 38° 59' 00 ", a radius of 609.30 feet, a chord
distance of 406.61 feet and a chord bearing of S 12° 31' 38" W to
an iron rod found at the point of compound curvature, and;
4) An arc distance of 47.28 feet with a curve to the left, said curve
having a central angle of 0° 55' 46 ", a radius of 2915.00 feet, a chord
distance of 47.2$ feet and a chord bearing of S 7° 27' 15" E to a
point in the north line of said 32.72 acre tract;
THENCE with the north line of said 32.72 acre tract, an arc distance of 696.47 feet with a curve
to the left, said curve having a central angle of 3° 37' 48 ", a radius of 10993.12 feet, a chord
distance of 696.35 feet and a chord bearing of S 72° 30' 59" W to the Place of Beginning,
containing 14.586 acres of land.
COALTER & ASSOCIATES, SURVEYORS
Stan Coalter, RPLS, LSLS
10 -21 -02
File No. 99100B
•. \N C•OAIMER
KI I.S. LSLS
ARLA SIIII'MAN
t,I•CICC MANAGER
J.S. COALTER & ASSOCIATES
REC: Is•rEIsCD PROFESSIONAL LAND SURVEYOR
LICENSED STATE LAND SURVEYOR
FIELD NOTES
N 1
ROCIN D ROCK. SUITE
'E.XAS 7885
(512) 255.8211 TELEPHONE
(5121 255.8253 1'A CS I M 11.1:
BEING 1.795 ACRES OF LAND PUT OF THE JOSEPH MARSHALL SURVEY,
ABSTRACT NO. 409, AND THE ROBERT McNUTT SURVEY, ABSTRACT NO. 422, IN
WILLIAMSON COUNTY, TEXAS, AND BEING A PART OF THAT CERTAIN 44.96 ACRE
TRACT OF LAND DESCRIBED IN A DEED TO TEXAS RAINBOW COMPANY
RECORDED IN VOLUME 1095, PAGE 752, OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, AND A PART OR PORTION OF COUNTY ROAD 122
VACATED AND ABANDONED BY THE COMMISSIONERS COURT OF WILLIAMSON
COUNTY AND RECORDED IN VOLUME , PAGE
COMMISSIONERS COURT MINUTES, AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS, TO WIT:
BEGINNING at an iron rod found in the east line of said 44.96 acre tract, from which the
northeast corner thereof bears NORTH a distance of 1393.18 feet, said iron rod being in the west
line of County Road No. 122 and being the northwest corner of that portion of said road vacated
by the Commissioner's Court of Williamson County as aforesaid;
THENCE N 32° 02' 17" E a distance of 14.51 feet along the northerly line of the abandoned
portion of said road to an iron rod found;
THENCE along the northerly line of the abandoned portion of said road, an arc distance of 92.63
feet with a curve to the left, said curve having a central angle of 8° 42' 39 ", a radius of 609.27
feet, a chord distance of 92.54 feet and a chord bearing of N 27° 40' 57" E to an iron rod found at
the northeast comer of said abandoned portion of said road in the west line of that certain 110
acre tract of land described in a deed to W. G. Barnes recorded in Volume 311, Page 218, Deed
Records of Williamson County;
THENCE SOUTH a distance of 536.28 feet with the west line of said 110 acre tract to its
intersection with the north line of that certain 32.72 acre tract of land annexed by the City of
Round Rock by Ordinance No. 861 dated December 13, 1984;
THENCE with the line of said Round Rock City Limits, the following described two (2) courses
and distances:
I) An arc distance of 178.23 feet with a curve to the left, said curve having a
central angle of 00° 52' 20 ", a radius of 11709.16 feet, a chord distance of
178.23 feet and a chord bearing of S 75° 27' 07" W to the point of
compound curvature, and;
2) An arc distance of 30.42 feet with a curve to the left, said curve having a
central angle of 00° 09' 31 ", a radius of 10993.12 feet, a chord distance of
-. •
30.42 feet and a chord bearing of S 74° 56' 12" W to a point in the east
line of that certain tract of land called 1.837 acres described in a deed to
Williamson County for the relocation of County Road No. 122;
THENCE with the east line of said 1.837 acre tract, the following described three (3) courses and
distances:
1) An arc distance of 32.48 feet with a curve to the right, said curve having a
central angle of 00° 39' 40 ", a radius of 2815.00 feet, a chord distance of
32.48 feet and a chord bearing of N 7° 16' 33" W to an iron rod found;
2) An arc distance of 346.66 feet with a curve to the right, said curve having a
central angle of 38° 59' 55 ", a radius of 509.30 feet, a chord distance of 340.00
feet and a chord bearing of N 12° 30' 15" E, and;
3) N 32° 02' 17" E a distance of 154.01 feet to the Place of Beginning, containing
1.795 acres of land.
COALTER & ASSOCIATES, SURVEYORS
Stan Coalter, RPLS, LSLS
10 -21 -02
File No. 99100A
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
1✓ CITY OF ROUND ROCK
2003003686 28 POs
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. The attached is a true and correct copy of Resolution
No. R- 02- 12- 05 -8B2 which was approved by the City Council of the City of
Round Rock, Texas at a regular meeting held on the 5th day of December 2002
as recorded in Book 48 of the City Council Minutes.
CERTIFIED by my hand and seal of the City of Round Rock, Texas on
this the 9th day of January 2003.
CHRISTINE R. MARTINEZ, City Secretary
2�
RESOLUTION NO. R- 02- 12- 05 -8B2
WHEREAS, the City of Round Rock wishes to enter into an
Annexation & Development Agreement for Roadway Facilities with RR Texas
Rainbow Company for a tract of land containing 1.795 acres and a tract
of land containing 14.586 acres, totalling 16.381 acres of land, more
or less of the Joseph Marshall Survey, A -409, 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 RR Texas Rainbow Company for a tract of land containing
1.795 acres and a tract of land containing 14.586 acres, totalling
16.381 acres of land, more or less out of the Joseph Marshall Survey,
A -409, 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.
"CMA \WORLDO AWDOXVIESOLvn \a21205B2 UPD /oc
RESOLVED this 5th day of December, 2002.
,e•
CHRISTINE R. MARTINEZ, City Secreta
2
MAXWELL, Mayor
City of Round Rock, Texas
ANNEXATION & DEVELOPMENT AGREEMENT
FOR ROADWAY FACILITIES
RR Texas Rainbow Company, a Texas Corporation, (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 14.586 acres in size, (hereinafter "Tract A ") and the other of which is
approximately 1.795 acres in size, (hereinafter "Tract B ") 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 and
Whereas, Owner has requested C -1/PV (General Commercial Zoning with a Palm Valley
Overlay), hereinafter (the "Requested Zoning ") for the development of the Property (the
"Project "); and
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 1
annexation agreement
b
EXHIBIT
II An
1
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.
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 $2,200 per Project Net Developable Acre for Tract A and $14,130 per Project
Net Developable Acre for Tract B. Tract A and Tract B, if developed in
accordance with the Requested Zoning, will contain approximately 16.381 net
developable acres within the property to be annexed (the "Net Developable
Acres "). The total amount of Fees, shall be payable as set forth in this Agreement.
Net Developable Acres does not include portions of Owner's Project which have
been previously annexed by the City.
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
.Inlle\atloll agreement
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 requests 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 releases and discharges 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,
related to, connected with, or arising from the City's requirement for the Owner
and Developer to agree to pay the Fees as a condition to annexation of the
Property.
E. Time for Payment. Fees shall be paid as follows:
ANNEXATION & DEVELOPMENT AGREEMENT Page 3
annexation agreement
(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 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. Nothing in
this subsection shall be construed as a waiver of the provisions of Section 2,C,
above.
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.
ANNEXATION & DEVELOPMENT AGREEMENT Page 4
anne %atron agreement
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.
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.
ANNEXATION & DEVELOPMENT AGREEMENT Page 5
annexallon agreement
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 Requested
Zoning.
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.
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
, 2002.
ANNEXATION & DEVELOPMENT AGREEMENT Page 6
annexation agreement
CITY OF ROUND ROCK, TEXAS
By:
Nyle Maxwell, Mayor
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 Nyle Maxwell, 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.
22002.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of
THE STATE OF TEXAS
C 0LL /N
COUNTY OF vIL-L-Wils.480N
BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on
this day personally appeared `, .i a sspn .'oz Gr `7 , 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.
1
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of/'oi tie-
SHARON L SEWNGER
MY COMMISSION EXPIRES
S,p th 74, 2006
§
ANNEXATION & DEVELOPMENT AGREEMENT Page 7
annexation agreement
OWNER RR AS � A, h ,v u)
Ght4ss ,4n1 KO
CITY OF ROUND ROCK
ACKNOWLEDGMENT
Notary Public in and for the State of Texas
Notary's Printed Name
§
ACKNOWLEDGMENT
otary Public in an. for the St /e of Texas
SA& inn / .Cp / /7.2,
Notary's Printed Name
Ay teed-dad'
Exhibit A
Tract A Property Description
and
Tract B Property Description
ANNEXATION & DEVELOPMENT AGREEMENT Page 8
JIIIICxJ11011 agreement
,EAN C1 ln1:1 EP
AIt1.A SR ll•MAN
OI I ICE MANACEIi
J.S. COALTER & ASSOCIATES
REOTS 1 EPEE, PROFESSIONAL LAND. SE; liv EYOR
LICENSED STATE LAN. SHUPE :YOH
FIELD NOTES
BEING 14.586 ACRES OF LAND OUT OF THE JOSEPH MARSHALL SURVEY,
ABSTRACT NO. 409, IN WILLIAMSON COUNTY, TEXAS, AND BEING A PART OF
THAT CERTAIN 44.96 ACRE TRACT OF LAND DESCRIBED IN A DEED TO TEXAS
RAINBOW COMPANY RECORDED IN VOLUME 1095, PAGE 752, OFFICIAL PUBLIC
RECORDS OF WILLIAMSON COUNTY, AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS, TO WIT:
BEGINNING at the intersection of the west line of said 44.96 acre tract and the north line of that
certain 32.72 acre tract of land annexed by the City of Round Rock by Ordinance No. 861 dated
December 13, 1984, from which the southwest corner of said 44.96 acre tract bears S0 °25'47 "W
a distance of 202.08 feet;
THENCE N 0 25' 47" E a distance of 980.40 feet to the northwest corner hereof;
THENCE S 89° 34' 13" E a distance of 897.38 feet, crossing said 44.96 acre tract, to the
northeast comer hereof in the west line of that certain tract of land called 1.837 acres described in
a deed to Williamson County recorded as County Clerk's Document No. 2001015273 in the
Official Public Records of Williamson County;
THENCE with the west line of said 1.837 acre tract, the following described four (4) courses and
distances:
1) An arc distance of 191.59 feet with a curve to the right, said curve
having a central angle of 21° 33' 13 ", a radius of 509.30 feet, a chord
distance of 190.46 feet and a chord bearing of S 21° 15' 03" W to
an iron rod found;
2) S 32° 00' 06" W a distance of 168.76 feet to an iron rod found;
3) An arc distance of 414.56 feet with a curve to the left, said curve
having a central angle of 38° 59' 00 ", a radius of 609.30 feet, a chord
distance of 406.61 feet and a chord bearing of S 12° 31' 38" W to
an iron rod found at the point of compound curvature, and;
4) An arc distance of 47.28 feet with a curve to the left, said curve
having a central angle of 0° 55' 46 ", a radius 2915.00 feet, a chord
distance of 47.25 feet and a chord bearing of S 7° 27' 15" E to a
point in the north line of said 32.72 acre tract;
1 305 ist II I 15. SUITE ION
HOCINO HOCH. rc:CAS 780.01
55 8211 TELEPHONE
45121255.828° FACSIMILE
THENCE with the north line of said 32.72 acre tract, an arc distance of 696.47 feet with a curve
to the left, said curve having a central angle of 3° 37' 48 ", a radius of 10993.12 feet, a chord
distance of 696.35 feet and a chord bearing of S 72° 30' 59" W to the Place of Beginning,
containing 14.586 acres of land.
COALTER & ASSOCIATES, SURVEYORS
e
Stan Coalter, RPLS, LSLS
10 -21 -02
File No. 99100B
J.S. COALTER & ASSOCIATES
111:(:15'1 EKED 1'ROrESSIONAL LAND SURVEYOR
LICENSED STATE LAND SURVEYOR
I'ARLA 5111FMAN
15121 255 8211 TE:LEI•I IONE
OFFICE MANAGER - ■51.21 255.8263 FACSIMILE
1'AN C'OAI FER
1111IS. ISIS
FIELD NOTES
905 11155. 3151 168
ROUND ROCK TEXAS 78601
BEING 1.795 ACRES OF LAND OUT OF THE JOSEPH MARSHALL SURVEY,
ABSTRACT NO. 409, AND THE ROBERT McNUTT SURVEY, ABSTRACT NO. 422, IN
WILLIAMSON COUNTY, TEXAS, AND BEING A PART OF THAT CERTAIN 44.96 ACRE
TRACT OF LAND DESCRIBED IN A DEED TO TEXAS RAINBOW COMPANY
RECORDED IN VOLUME 1095, PAGE 752, OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, AND A PART OR PORTION OF COUNTY ROAD 122
VACATED AND ABANDONED BY THE COMMISSIONERS COURT OF WILLIAMSON
COUNTY AND RECORDED IN VOLUME , PAGE
COMMISSIONERS COURT MINUTES, AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS, TO WIT:
BEGINNING at an iron rod found in the east line of said 44.96 acre tract, from which the
northeast corner thereof bears NORTH a distance of 1393.18 feet, said iron rod being in the west
line of County Road No. 122 and being the northwest comer of that portion of said road vacated
by the Commissioner's Court of Williamson County as aforesaid;
THENCE N 32° 02' 17" E a distance of 14.51 feet along the northerly line of the abandoned
portion of said road to an iron rod found;
THENCE along the northerly line of the abandoned portion of said road, an arc distance of 92.63
feet with a curve to the left, said curve having a central angle of 8° 42' 39 ", a radius of 609.27
feet, a chord distance of 92.54 feet and a chord bearing of N 27° 40' 57" E to an iron rod found at
the northeast corner of said abandoned portion of said road in the west line of that certain 110
acre tract of land described in a deed to W. G. Barnes recorded in Volume 311, Page 218, Deed
Records of Williamson County;
THENCE SOUTH a distance of 536.28 feet with the west line of said 110 acre tract to its
intersection with the north line of that certain 32.72 acre tract of land annexed by the City of
Round Rock by Ordinance No. 861 dated December 13, 1984;
THENCE with the line of said Round Rock City Limits, the following described two (2) courses
and distances:
1) An arc distance of 178.23 feet with a curve to the left, said curve having a
central angle of 00° 52' 20 ", a radius of 11709.16 feet, a chord distance of
178.23 feet and a chord bearing of S 75° 27' 07" W to the point of
compound curvature, and;
2) An arc distance of 30.42 feet with a curve to the left, said curve having a
central angle of 00° 09' 31", a radius of 10993.12 feet, a chord distance of
30.42 feet and a chord bearing of S 74° 56' 12" W to a point in the east
line of that certain tract of land called 1.837 acres described in a deed to
Williamson County for the relocation of County Road No. 122;
THENCE with the east line of said 1.837 acre tract, the following described three (3) courses and
distances:
1) An arc distance of 32.48 feet with a curve to the right, said curve having a
central angle of 00° 39' 40 ", a radius of 2815.00 feet, a chord distance of
32.48 feet and a chord bearing of N 7° 16' 33" W to an iron rod found;
2) An arc distance of 346.66 feet with a curve to the right, said curve having a
central angle of 38° 59' 55 ", a radius of 509.30 feet, a chord distance of 340.00
feet and a chord bearing of N 12° 30' 15" E, and;
3) N 32° 02' 17" E a distance of 154.01 feet to the Place of Beginning, containing
1.795 acres of land.
COALTER & ASSOCIATES, SURVEYORS
Stan Coalter, RPLS, LSLS
10 -21 -02
File No. 99100A
ANNEXATION & DEVELOPMENT AGREEMENT
FOR ROADWAY FACILITIES
RR Texas Rainbow Company, a Texas Corporation, (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 14.586 acres in size, (hereinafter "Tract A ") and the other of which is
approximately 1.795 acres in size, (hereinafter "Tract B ") 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 and
Whereas, Owner has requested C -1/PV (General Commercial Zoning with a Palm Valley
Overlay), hereinafter (the "Requested Zoning ") for the development of the Property (the
"Project "); and
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
12- 00- 10?- 05-6 �
ANNEXATION& DEVELOPMENT AGREEMENT Pagel
. annexation agreement
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.
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 $2,200 per Project Net Developable Acre for Tract A and $14,130 per Project
Net Developable Acre for Tract B. Tract A and Tract B, if developed in
accordance with the Requested Zoning, will contain approximately 16.381 net
developable acres within the property to be annexed (the "Net Developable
Acres "). The total amount of Fees, shall be payable as set forth in this Agreement.
Net Developable Acres does not include portions of Owner's Project which have
been previously annexed by the City.
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
annexation agreement
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 requests 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 releases and discharges 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,
related to, connected with, or arising from the City's requirement for the Owner
and Developer to agree to pay the Fees as a condition to annexation of the
Property.
E. Time for Payment. Fees shall be paid as follows:
ANNEXATION & DEVELOPMENT AGREEMENT Page 3
annexation agreement
(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: (I) 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 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. Nothing in
this subsection shall be construed as a waiver of the provisions of Section 2,C,
above.
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.
ANNEXATION & DEVELOPMENT AGREEMENT Page 4
annexation agreement
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.
• 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.
ANNEXATION & DEVELOPMENT AGREEAIENT Page 5
annexation agreement
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 Requested
Zoning.
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 borne by
the Owner.
IN WITNESS WHEREOF, the Parties to these presents have executed this t o ttract in
o (2) co u terparts, each of which shall be deemed an original on this the day of
, 2002.
ANNEXATION & DB.ELOPMENT AGREEMENT Page 6
annexation agreement
CITY OF ROUND ROCK, TEXAS
B
axwell, Mayor
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 Nyle Maxwell, 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.
22002.
th
GIVEN UNDER MY HAND AND SEAL OF OFFICE this then day of „D,Q(Q
t. CHRISTINE R. MARTINEZ
' MY COMMISSION EXPIRES
August 28, 2005
THE STATE OF TEXAS
C OLL /AI
COUNTY OF WILLIAMSON
2002.
SHARON L. SEWNGER
MY COMMISSION EXPIRES
September 14, 2006
ANNEXATION & DEVELOPMENT AGREEMENT Page 7
annexation agreement
OWNER RR TE A S A/ C,on't/,AN
1 / / ' _
61 4 SAN KO
CITY OF ROUND ROCK
ACKNOWLEDGMENT
/l- .V/ 11
Notary Public in andfor the State of Texas
C'FF2151'IN6 /YIpl2T/,tJ52_,
Notary's Printed Name
§
ACKNOWLEDGMENT
BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on
this day personally appeared C �jasSCln 1 A , 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 a3 day of/Pm/pm/4.
otary Public in an a for the St 7e of Texas
S!j/IIDA l .(P//in . Pr
Notary's Printed Name ✓
1-1 tedi lad
Exhibit A
Tract A Property Description
and
Tract B Property Description
ANNEXATION & DEVELOPMENT AGREEMENT Page 8
annenatian agreement
STAN l'11AI:t'Elt
I,I 1 CI.S
nRLA SHIPMAN
11I'h'ICh: MANAGER
J.S. COALTER & ASSOCIATES
REGIS 1 ERED PROFESSIONAL. LAND SURVEYOR
LICENSED STATE LAND SURVEYOR
FIELD NOTES
90S N 111 35. Sul'rE 108
ROUND ROCK. TEXAS 7AGG
(5121 255.8211 TELEI'IIONE
1512) 2nn 8293 FACSIMILE
BEING 14.586 ACRES OF LAND OUT OF THE JOSEPH MARSHALL SURVEY,
ABSTRACT NO. 409, IN WILLIAMSON COUNTY, TEXAS, AND BEING A PART OF
THAT CERTAIN 44.96 ACRE TRACT OF LAND DESCRIBED IN A DEED TO TEXAS
RAINBOW COMPANY RECORDED IN VOLUME 1095, PAGE 752, OFFICIAL PUBLIC
RECORDS OF WILLIAMSON COUNTY, AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS, TO WIT:
BEGINNING at the intersection of the west line of said 44.96 acre tract and the north line of that
certain 32.72 acre tract of land annexed by the City of Round Rock by Ordinance No. 861 dated
December 13, 1984, from which the southwest comer of said 44.96 acre tract bears S0 °25'47 "W
a distance of 202.08 feet;
THENCE N 0° 25' 47" E a distance of 980.40 feet to the northwest corner hereof;
THENCE S 89° 34' 13" E a distance of 897.38 feet, crossing said 44.96 acre tract, to the
northeast corner hereof in the west line of that certain tract of land called 1.837 acres described in
a deed to Williamson County recorded as County Clerk's Document No. 2001015273 in the
Official Public Records of Williamson County;
THENCE with the west line of said 1.837 acre tract, the following described four (4) courses and
distances:
1) An arc distance of 191.59 feet with a curve to the right, said curve
having a central angle of 21° 33' 13 ", a radius of 509.30 feet, a chord
distance of 190.46 feet and a chord bearing of S 21° 15' 03" W to I
an iron rod found;
2) S 32° 00' 06" W a distance of 168.76 feet to an iron rod found;
3) An arc distance of 414.56 feet with a curve to the left, said curve
having a central angle of 38 59' 00 ", a radius of 609.30 feet, a chord
distance of 406.61 feet and a chord bearing of S 12° 31' 38" W to
an iron rod found at the point of compound curvature, and;
4) An arc distance of 47.28 feet with a curve to the left, said curve
having a central angle of 0 55' 46 ", a radius of 2915.00 feet, a chord
distance of 47.2$ feet and a chord bearing of S 7° 27' 15" E to a
point in the north line of said 32.72 acre tract;
THENCE with the north line of said 32.72 acre tract, an arc distance of 696.47 feet with a curve
to the left, said curve having a central angle of 3° 37' 48 ", a radius of 10993.12 feet, a chord
distance of 696.35 feet and a chord bearing of S 72° 30' 59" W to the Place of Beginning,
containing 14.586 acres of land.
COALTER & ASSOCIATES, SURVEYORS
Stan Coalter, RPLS, LSLS
10 -21 -02
File No. 99100B
MILS 1-91,S
nRLA SIIIPINAN
,,C, ICC MANAGER
J.S. COALTER & ASSOCIATES
R ECISYKRCU PROFESSIONAL LAND SURVEY°.
LICENSED STATE LAND SURVEYOR
FIELD NOTES
05 N. IN 55. Still 1: 10
ROUND ROCK, - FEXAS 7800.
2l 255.8211 TELEPHONE
15111 255.8283 FACSIMILE
BEING 1.795 ACRES OF LAND pUT OF THE JOSEPH MARSHALL SURVEY,
ABSTRACT NO. 409, AND THE ROBERT McNUTT SURVEY, ABSTRACT NO. 422, IN
WILLIAMSON COUNTY, TEXAS, AND BEING A PART OF THAT CERTAIN 44.96 ACRE
TRACT OF LAND DESCRIBED IN A DEED TO TEXAS RAINBOW COMPANY
RECORDED IN VOLUME 1095, PAGE 752, OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, AND A PART OR PORTION OF COUNTY ROAD 122
VACATED AND ABANDONED BY THE COMMISSIONERS COURT OF WILLIAMSON
COUNTY AND RECORDED IN VOLUME , PAGE
COMMISSIONERS COURT MINUTES, AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS, TO WIT:
BEGINNING at an iron rod found in the east line of said 44.96 acre tract, from which the
northeast corner thereof bears NORTH a distance of 1393.18 feet, said iron rod being in the west
line of County Road No. 122 and being the northwest corner of that portion of said road vacated
by the Commissioner's Court of Williamson County as aforesaid;
THENCE N 32° 02' 17" E a distance of 14.51 feet along the northerly line of the abandoned
portion of said road to an iron rod found;
THENCE along the northerly line of the abandoned portion of said road, an arc distance of 92.63
feet with a curve to the left, said curve having a central angle of 8° 42' 39 ", a radius of 609.27
feet, a chord distance of 92.54 feet and a chord bearing of N 27° 40' 57" E to an iron rod found at
the northeast comer of said abandoned portion of said road in the west line of that certain 110
acre tract of land described in a deed to W. G. Barnes recorded in Volume 311, Page 218, Deed
Records of Williamson County;
THENCE SOUTH a distance of 536.28 feet with the west line of said 110 acre tract to its
intersection with the north line of that certain 32.72 acre tract of land annexed by the City of
Round Rock by Ordinance No. 861 dated December 13, 1984;
THENCE with the line of said Round Rock City Limits, the following described two (2) courses
and distances:
1) An arc distance of 178.23 feet with a curve to the left, said curve having a
central angle of 00° 52' 20 ", a radius of 11709.16 feet, a chord distance of
178.23 feet and a chord bearing of S 75° 27' 07" W to the point of
compound curvature, and;
2) An arc distance of 30.42 feet with a curve to the left, said curve having a
central angle of 00° 09' 31 ", a radius of 10993.12 feet, a chord distance of
30.42 feet and a chord bearing of S 74° 56' 12" W to a point in the east
line of that certain tract of land called 1.837 acres described in a deed to
Williamson County for the relocation of County Road No. 122;
THENCE with the east line of said 1.837 acre tract, the following described three (3) courses and
distances:
1) An arc distance of 32.48 feet with a curve to the right, said curve having a
central angle of 00° 39' 40 ", a radius of 2815.00 feet, a chord distance of
32.48 feet and a chord bearing of N 7° 16' 33" W to an iron rod found;
2) An arc distance of 346.66 feet with a curve to the right, said curve having a
central angle of 38° 59' 55 ", a radius of 509.30 feet, a chord distance of 340.00
feet and a chord bearing of N 12° 30' 15" E, and;
3) N 32° 02' 17" E a distance of 154.01 feet to the Place of Beginning, containing
1.795 acres of land.
COALTER & ASSOCIATES, SURVEYORS
Stan Coalter, RPLS, LSLS
10 -21 -02
File No. 99100A
_0 - (a- O5 -S
FIB MU R €COR E
° OFFICIAL PUBLIC RECORDS
01- 15- 2003 AM 2003003686
MSTANLEY $63.00
NANCY E. RISTER ,COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
CITY OF ROUND ROOK
ADMINISTRATION
221 EAST MAIN STREET
ROUND ROCK, TEXAS 78664