Contract - Beverly Johnson Gordon - 8/13/2015 STATE OF TEXAS § ANNEXATION DEVELOPMENT
§ AGREEMENT WITH
COUNTY OF WILLIAMSON § BEVERLY JOHNSON GORDON
This is an ANNEXATION DEVELOPMENT AGREEMENT by and between THE CITY
OF ROUND ROCK, TEXAS ("City") and BEVERLY JOHNSON GORDON ("Owner",
whether one or more).
WHEREAS, Owner is owner of that certain tracts of land, 60.82 acres and 158.70 acres,
more particularly described in Exhibit"A", attached hereto (the "Property"), and;
WHEREAS, the City intends to annex the Property, and;
WHEREAS,pursuant to Sections 43.035 and 212.172 of the Texas Local Government Code,
the City and the Owner desire to enter into this Annexation Development Agreement(the
"Agreement"); and
WHEREAS, the Owner and the City acknowledge that this Agreement is binding upon
the City and the Owner and their respective successors and assigns, and;
WHEREAS, this Agreement is to be recorded in the Official Records of Williamson
County,Texas
NOW THEREFORE,for and in consideration of the promises and the mutual agreements
set forth herein, the City and Owner hereby agree as follows:
A. PURPOSE
The purpose of this Agreement is to comply with all requirements of Sections 43.035 and
212.172 of the Texas Local Government Code pertaining to the annexation of Property into
the Round Rock city limits.
B. GENERAL TERMS AND CONDITIONS
1. Both parties agree that in consideration of the mutual promises stated herein, that the
Property will not be annexed by the City of Round Rock so long as (1) the Property
continues to receive an agricultural exemption or a wildlife management exemption from
the Williamson County Central Appraisal District (the "AG Exemption"), except for (a)
existing single-family residential use, and (b) existing farmers market tract on Highway
79 and (2)no action is taken by the Owner or his assigns to file a final subdivision plat or
any related development document ("Development Documents") for a use unrelated to
the agriculture, regarding some or all of the Property (other than the existing 2 acre
subdivision plat currently of record in Doc. No. 2009094029, Official Public Records of
�✓ �i , V90
Williamson County, Texas.) If one or more of the above circumstances occur, the City is
authorized to commence proceedings to annex portions of the Property which are either
affected by the removal of the AG Exemption,or which are the subject of the Development
Documents. It is expressly understood and agreed that the Owners may develop the
Property in phases and that the City of Round Rock will only annex those portions of the
Property which are included within "final" subdivision plats.
2. As consideration for the City foregoing annexation proceedings as described above,
the Owner hereby authorizes the City to enforce all regulations and planning authority of
the City, except for any regulations which interfere with Owner's or tenant's use of the
Property for agricultural purposes, wildlife management, recreational enjoyment, or
timber production.
3. The Owner agrees that the City's AG- Agricultural zoning requirements apply to the
Property, and that the Property shall only be used for AG zoning uses until such time as
the Property is annexed into the City of Round Rock.Upon such annexation, the Property
will be entitled to be zoned for land uses that are consistent with the official City of Round
Rock Comprehensive Plan in effect on the date hereof and such other uses as may be
agreed upon by the City of Round Rock and the Owners.
4. The Owner acknowledges that if Owner or any successor or assign violates any
condition of this Agreement, then in addition to the City's other remedies, such act will
constitute a petition for voluntary annexation by the Owner, and the Property will be
subject to annexation at the direction of the Council. The Owner and any successors or
assigns agree that such annexation shall be voluntary and the Owner hereby consents to
such annexation as though a petition for such annexation had been tendered by the
Owner,her successors or assigns.
5. Both parties agree that upon annexation of the Property by the City, the City shall,
within 30 days of the effective date of the annexation, initiate an initial zoning of the
Property conforming to the land use designation for the Property as shown on the most
recent amendment of City's Comprehensive Plan.
C. MISCELLANEOUS PROVISIONS
1. Actions Performable. The City and the Owner agree that all actions to be performed
under this Agreement are performable in Williamson County, Texas.
2. Governing Law. The City and Owner agree that this Agreement has been made under
the laws of the State of Texas in effect on this date, and that any interpretation of this
Agreement at a future date shall be made under the laws of the State of Texas.
3. Severability. If a provision hereof shall be finally declared void or illegal by any court
or administrative agency having jurisdiction, the entire Agreement shall not be void;but
the remaining provisions shall continue in effect as nearly as possible in accordance with
the original intent of the parties.
4. Complete Agreement. This Agreement represents a complete agreement of the parties
and supersedes all prior written and oral matters related to this agreement. Any
amendment to this Agreement must be in writing and signed by all parties. This
Agreement runs with the land and shall bind the Property for a term of fifteen years,
unless amended by the parties.
5. Exhibits. All exhibits attached to this Agreement are incorporated by reference and
expressly made part of this Agreement as if copied verbatim.
6. Notice. All notices, requests or other communications required or permitted by this
Agreement shall be in writing and shall be sent by(i) telecopy,with the original delivered
by hand or overnight carrier, (ii) by overnight courier or hand delivery, or (iii) certified
mail, postage prepaid, return receipt requested, and addressed to the parties at the
following addresses:
City of Round Rock Owner
City Manager Beverly Johnson Gordon
221 East Main Street 9168 CR 110
Round Rock, Texas 78664 Round Rock,Texas 78665
Williamson County Williamson County
Phone: (512)218-5401 Phone: (512) 743-3855
7. Force Majeure. Owner and the City agree that the obligations of each party shall be
subject to force majeure events such as natural calamity, fire or strike or inclement
weather.
8. Conveyance of Property. Any person who sells or conveys any portion of the Property
shall, prior to such sale or conveyance, give written notice of this Agreement to the
prospective purchaser or grantee, and shall give written notice of the sale or conveyance
to the City.
9. Continuity. This Agreement shall run with the Property and be binding on all
successors and grantees of Owner.
10. Signature Warranty Clause. The signatories to this Agreement represent and warrant
that they have the authority to execute this Agreement on behalf of the City and Owner,
respectively.
�SIGNED as of this 1� —day of Amus+ 2015.
ki
(signatures on following pages)
CITY OF ROUND ROCK,TEXAS
0/)1) IL---�—
ALA CGRAW, Mayor
City of Round Rock, Texas
ATTEST:
(AlSARA L. WHITE, City Clerk
THE STATE OF TEXAS }
COUNTY OF WILLIAMSON }
This instrument was acknowledged before me on the 1�day of 2015,
by Alan McGraw, as Mayor and on behalf of the City of Round Rock, Texa .
• Spry.
C:'��•PuBl;'f`r ��'; Notary Pub i State of ex ,
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PROPERTY OWNER
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BEVERLY JO N O N GORDON
THE STATE OF TEXAS }
COUNTY OFI L•�� �n���Y� }
This instrument was acknowledged before me on the IJ day of 2015;
by Beverly Johnson Gordon.
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�'�'°� lig.• = Notary Public, State of Texas
Printed Name:V t Y'6 I►A IA ��'1 MDM440
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After recording, return this document to:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas 78664
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ELECTRONICALLY RECORDED 2015083473
Williamson County Texas
THE STATE OF TEXAS *
COUNTY OF WILLIAMSON ':
CITY OF ROUND ROCK
I, SARA L. WHITE, City Clerk of the City of Round Rock, Texas, do hereby certify that
I am the custodian of the public records maintained by the City and the attached is a true and
correct copy of Resolution No. R-2015-2699 which approves the Annexation Development
Agreement with Beverly Johnson Gordon for 60.82 acres and 158.70 acres of land. This
resolution was approved by the Round Rock City Council at a regular meeting held on the 13th
day of August 2015 and is recorded in the City Council Minutes Book No. 61.
CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 22"d day of
September 2015.
SARA.L. WHITE,TRIC, City Clerk
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STATE OF TEXAS § ANNEXATION DEVELOPMENT
§ AGREEMENT WITH
COUNTY OF WILLIAMSON § BEVERLY JOHNSON GORDON
This is an ANNEXATION DEVELOPMENT AGREEMENT by and between THE CITY
OF ROUND ROCK: TEXAS ("City") and BEVERL,Y JOT TNSON GORDON ("Owner",
whether one or more).
WHEREAS, Owner is owner of that certain tracts of land, 60.82 acres and 158.70 acres,
more particularly described in Exhibit"A",attached hereto(the "Property"), and;
WHEREAS, the City intends to annex the Property, and;
WHEREAS,pursuant to Sections 43.035 and 212.172 of the Texas Local Government Code,
the Cit:,y and the Owner desire to enter into this Annexation Development Agreement(the
"Agreement"); and
WHEREAS, the Owner and the City acknowledge that this Agreement is binding upon
the City and the Owner and their respective successors and assigns, and;
WHEREAS, this Agreement is to be recorded in the Official Records of Williamson
County,Texas
NOW THEREFORE,for and in consideration of the promises and the mutual agreements
set forth herein, the City and Owner hereby agree as follows:
A. PURPOSE
The purpose of this Agreement is to comply with all requirements of Sections 43.035 and
212.172 of the Texas Local Government Code pertaining to the annexation of Property into
the Round Rock city limits,
B. GENERAL TERMS AND CONDITIONS
1. Both parties agree that in consideration of the mutual promises stated herein, that the
Property will not be annexed by die City of Round Rock so long as (1) the Property
continues to receive an agricultural exemption or a wildlife management exemption from
the Williamson County Central Appraisal District (the "AG Exemption"), except for (a)
existing single-family residential use, and (b) existing farmers market tract on Highway
79 and (2) no action is taken by the Owner or his assigns to file a final subdivision plat or
any related da,:velopment document CDevelopment Documents") for a use unrelated to
the agriculture, regarding some o all of the Property (other than the existing 2 acre
subdivision plat currently of record in Doc, No. 2009094029, Official Public Records of
12---IR 5-/2(ecb,
Williamson County, Texas.) If one or more of the above circumstances occur, the City is
authorized to commence proceedings to annex portions of the Property which are either
affected by the removal of the AG Exemption,or which are the subject of the Development
Documents, It is expressly understood and agreed that the Owners may develop the
Property in phases and that the City of Round Rock will only annex those portions of the
Property which are included within "final" subdivision plats.
2. As consideration for the City foregoing annexation proceedings as described above,
the Owner hereby authorizes the City to enforce all regulations and planning authority of
the City, except for any regulations which interfere with Owner's or tenant's use of the
Property for agricultural purposes, wildlife management, recreational enjoyment, or
timber production.
3. The Owner agrees that the City's AG-Agricultural zoning requirements apply to the
Property, and that the Property shall only be used for AG zoning uses until such time as
the Property is annexed into the City of Round Rock, Upon such annexation, the Property
will be entitled to be zoned for land uses that are consistent with the official City of Round
Rock Comprehensive Plan in effect on the date hereof and such other uses as may be
agreed upon by the City of Round Rock and the Owners.
4, The Owner acknowledges that if Owner or any successor or assign violates any
condition of this Agreement, then in addition to the City's other remedies, such act will
constitute a petition for voluntary annexation by the Owner, and the Property will be
subject to annexation at the direction of the Council. The Owner and any successors or
assigns agree that such annexation shall be voluntary and the Owner hereby consents to
such annexation as though a petition for such annexation had been tendered by the
Owner,her successors or assigns.
5. Both parties agree that upon annexation of the Property by the City, the City shall,
within 30 days of the effective date of the annexation, initiate an initial zoning of the
Property conforming to the land use designation for the Property as shown on the most
recent amendment of City's Comprehensive Plan,
C. MISCELLANEOUS PROVISIONS
1, Actions Performable. The City and the Owner agree that all actions to be performed
under this Agreement are performable in Williamson County, Texas.
2. Governing Law, The City and Owner agree that this Agreement has been made under
the laws of the State of Texas in effect on this date, and that any interpretation of this
Agreement at a future date shall be made under the laws of the State of Texas.
3. Severability, if a provision hereof shall be finally declared void or illegal by any court
or administrative agency having jurisdiction, the entire Agreement shall not be void;but
the remaining provisions shall continue in effect as nearly as possible in accordance with
the original intent of the parties.
4. Complete Agreement. This Agreement represents a complete agreement of the parties
and supersedes all prior written and oral matters related to this agreement. Any
amendment to this Agreement must be in writing and signed by all parties. This
Agreement runs with the land and shall bind the Property for a term of fifteen years,
unless amended by the parties,
5. Exhibits, All exhibits attached to this Agreement are incorporated by reference and
expressly made part of this Agreement as if copied verbatim.
6. Notice. All notices, requests or other communications required or permitted by this
Agreement shall be in writing and shall be sent by(i)telecopy,with the original delivered
by hand or overnight carrier, (ii) by overnight courier or hand delivery, or (iii) certified
mail, postage prepaid, return receipt requested, and addressed to the parties at the
following addresses:
City of Round Rock Owner
City Manager Beverly Johnson Gordon
221 East Main Street 9168 CR 110
Round Rock,Texas 78664 Round Rock, Texas 78665
Williamson County Williamson County
Phone: (512)218-5401 Phone: (512) 743-3855
7. Force Majeure. Owner and the City agree that the obligations of each party shall be
subject to force majeure events such as natural calamity, fire or strike or inclement
weather.
8. Conveyance of Property. Any person who sells or conveys any portion of the Property
shall, prior to such sale or conveyance, give written notice of this Agreement to the
prospective purchaser or grantee, and shall give written notice of the sale or conveyance
to the City.
9. ContinuiV. This Agreement shall run with the Property and be binding on all
successors and grantees of Owner,
10, Signature Warranty Clause. The signatories to this Agreement represent and warrant
that they have the authority to execute this Agreement on behalf of the City and Owner,
respectively.
:111
SIGNED as of this 1.*7 dav of kiestA,s+ , 2015.
(signatures on following pages)
CITY OF ROUND ROCK, TEXAS
/1_..,„--------''-
ALA:N f CGRAW,Mayor
City of Round Rock, Texas
ATTEST:
S4i7414,U,.. (i. #
,
SARA L.WHITE, City Clerk
THE STATE OF TEXAS J
COUNTY OF WILLIAMSON J
I
This instrument was acknowledged before me on the 151-C-: day of. s . .s..." 2015,
by Alan McGraw,as Mayor and on behalf of the City of Round Rock, Taxa.
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ti��v../1. Pie, \ % Notary Pubtic,State of6.5.,48
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PROPERTY OWNER
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EVERLY JO N*N GORDON
THE STATE OF TEXAS J
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COUNTY ORt.,4Jkit_3)b z }'
This instrument was acknowledged before me on the day of ---i-td-4---- 2015,
by Beverly Johnson Gordon. sj
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After recording,return this document to:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas 78664
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2015083473 Page 9 of 9
2015083473
Electronically Recorded
OFFICIAL PUBLIC RECORDS
Nancy E. Rister, County Clerk
9/22/2015 12:00 PM
Pages: 9 Fee: $49.00
Williamson County Texas