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R-13-06-13-G3 - 6/13/2013RESOLUTION NO. R -13-06-13-G3 WHEREAS, A&W Limited Partnership ("Owner") owns that certain 7.29 acre tract of land, as described in Exhibit "A" to the Annexation Development Agreement; and WHEREAS, the City of Round Rock ("City") intends to annex said 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 an Annexation Development Agreement, 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 the attached Annexation Development Agreement With A&W Limited Partnership, a copy of same 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 13th day of June, 2013. t C2s City of Round Rock, Texas ma'r&-pv-- - " ATTEES,T, : ��" Ali/ � rV �-- - 1�,w SARA L. WHITE, City Clerk 0:\wdox\SCClnts\0112\1304\MUNICIPAL\00276175.DOC/ me EXHIBIT „A» STATE OF TEXAS § ANNEXATION DEVELOPMENT § AGREEMENT WITH COUNTY OF WILLIAMSON § A&W LIMITED PARTNERSHIP This is an ANNEXATION DEVELOPMENT AGREEMENT by and between THE CITY OF ROUND ROCK, TEXAS ("City") and A&W Limited Partnership ("Owner", whether one or more). WHEREAS, Owner is owner of that certain 7.29 acre tract of land more particularly described in Exhibit "A", attached hereto (the "Property"), and; WHEREAS, the City intends to annex the property, and; WHEREAS, pursuant to Sections 43.035 and 212.172 of the Texas Local Government Code, the City and the Owner desire to enter into this Annexation Development Agreement (the "Agreement"); and WHEREAS, the Owner and the City acknowledge that this agreement is binding upon the City and the Owner and their respective successors and assigns, and; WHEREAS, this Development 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 (or extraterritorial jurisdiction). B. GENERAL TERMS AND CONDITIONS 1. Both parties agree that in consideration of the mutual promises stated herein, that the Property will not be annexed by the City of Round Rock so long as 1) the Property continues to receive an agricultural exemption from the Williamson County Central Appraisal District, and 2) no action is taken by the Owner or his assigns to file a subdivision plat or any related development document regarding the Property. If one or more of the above circumstances occur, the City is authorized to commence proceedings to annex all or some of the Property. Annexation Development Agreement Page 1 of 5 A&W Limited Partnership 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 use of the Property for agricultural purposes, wildlife management 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. 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 agrees that such annexation shall be voluntary and the Owner hereby consents to such annexation as though a petition for such annexation had been tendered by the Owner, his successors or assigns. 5. Both parties agree that upon annexation of the Property by the City, the City shall, within 30 days of the effective date of the annexation, initiate an initial zoning of the Property conforming to the land use designation for the Property as shown on the most recent amendment of the City's General Plan, or as agreed to by the City and the Owner. 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. Annexation Development Agreement A&W Limited Partnership Page 2 of 5 �P� 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: Planning Director City of Round Rock 301 W Bagdad St, Suite 210 Round Rock, Texas 78664 Williamson County Cecil Rene Arredondo, Managing General Partner PO Box 340969 Austin TX 78734 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. Survival after Termination. This Agreement shall survive termination to the extent necessary to allow the City to implement the provisions of Section 4, above. 11. 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. Annexation Development Agreement Page 3 of 5 A&W Limited Partnership SIGNED as of this day of 2013. CITY OF ROUND ROCK, TEXAS ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Clerk THE STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on the day of 2013, by Alan McGraw, as Mayor and on behalf of the City of Round Rock, Texas. Notary Public, State of Texas Printed Name: My Commission Expires: Annexation Development Agreement Page 4 of 5 A&W Limited Partnership A & W LIMITED PARTNERSHIP THE STATE OF TEXAS } COUNTY Off cW .-e, } This instrument was acknowledged before me on the A day of P 2?01.3,1 By i Rr.� ciy r-- div vim..►-�1� City of Mary Public,'Stafeof Printed Name:�I'b 0 My Commission Expires: 0 S /04 /,-,Lv I(, ------------- ��ZPAYP(/eGc RICHARD RAMOS JR * NOTARY PUBLIC STATE OF TEXAS A'FOF,�Py MY COMM. EXP. 5129116 P f 3 y `� X41 r -j T� 715 7� L, Annexation Development Agreement Page 5 of 5 A&W Limited Partnership Exhibit A: Property Subject to Development Agreement TeraVista University Blvd ROW i i i i i 'r i i i i i i i nim� i r R055059 ! Approximately 7.29 acres outside ROW = A&W Limited Partnership r i i r 1 inch = 150 feet I tl4z "R , City of Round Rock RWND ROCK TDWS navaa nieort wosvfxtrt Agenda Item Summary Agenda Number: G.3 Title: Consider a resolution authorizing the Mayor to execute an Annexation Development Agreement with A&W Limited Partnership for a 7.29 acre tract of land located along University Blvd. Type: Resolution Governing Body: City Council Agenda Date: 6/13/2013 Dept Director: Brad Wiseman, Planning & Development Services Director Cost: $0.00 Indexes: Attachments: Resolution, Exhibit A, Arredondo map Text of Legislative File 13-376 Based on the Management Agenda adopted by the City Council as part of the Strategic Plan, this property was identified as a feasible and logical property to be annexed. However, prior to annexation of an area that is appraised for ad valorem tax purposes as agricultural, wildlife management, or timber management, the City is required by State Statute to offer the land owner an annexation development agreement. This agreement guarantees the land's immunity from annexation for a period of 15 years, as long as the land is used for agricultural, wildlife management or timber production only. This agreement also authorizes the City to enforce all regulations and planning authority of the city, except those that would interfere with agricultural purposes, wildlife management or timber production. The landowner accepted the agreement on May 14. By accepting the agreement, the landowner agrees that the city's AG -Agricultural zoning requirements apply to the property, and that the property will only be used for AG zoning uses. This agreement runs with the land. If the current or a future landowner violates the agreement, that action will constitute a petition for voluntary annexation, and the property will be subject to annexation at the direction of the City Council. Within 30 days of annexation, the property will be zoned in conformance with the City's General Plan, or as agreed to by the City and the Owner. The current version of the Future Land Use Map shows at least half the property as commercial and the remainder as residential. Staff recommends approval. City of Round Rock Page 1 Printed on 6/6/2013 STATE OF TEXAS COUNTY OF WILLIAMSON § ANNEXATION DEVELOPMENT § AGREEMENT WITH § A&W LIMITED PARTNERSHIP This is an ANNEXATION DEVELOPMENT AGREEMENT by and between THE CITY OF ROUND ROCK, TEXAS ("City") and A&W Limited Partnership ("Owner", whether one or more). WHEREAS, Owner is owner of that certain 7.29 acre tract of land more particularly described in Exhibit "A", attached hereto (the "Property"), and; WHEREAS, the City intends to annex the property, and; WHEREAS, pursuant to Sections 43.035 and 212.172 of the Texas Local Government Code, the City and the Owner desire to enter into this Annexation Development Agreement (the "Agreement"); and WHEREAS, the Owner and the City acknowledge that this agreement is binding upon the City and the Owner and their respective successors and assigns, and; WHEREAS, this Development 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 (or extraterritorial jurisdiction). B. GENERAL TERMS AND CONDITIONS 1. Both parties agree that in consideration of the mutual promises stated herein, that the Property will not be annexed by the City of Round Rock so long as 1) the Property continues to receive an agricultural exemption from the Williamson County Central Appraisal District, and 2) no action is taken by the Owner or his assigns to file a subdivision plat or any related development document regarding the Property. If one or more of the above circumstances occur, the City is authorized to commence proceedings to annex all or some of the Property. Annexation Development Agreement A&W Limited Partnership ?- - (3 , D(, - ( 3 -& -S Page 1 of 5 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 use of the Property for agricultural purposes, wildlife management 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. 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 agrees that such annexation shall be voluntary and the Owner hereby consents to such annexation as though a petition for such annexation had been tendered by the Owner, his successors or assigns. 5. Both parties agree that upon annexation of the Property by the City, the City shall, within 30 days of the effective date of the annexation, initiate an initial zoning of the Property conforming to the land use designation for the Property as shown on the most recent amendment of the City's General Plan, or as agreed to by the City and the Owner. 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. Annexation Development Agreement A&W Limited Partnership Page 2 of 5 �91 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: Planning Director City of Round Rock 301 W Bagdad St, Suite 210 Round Rock, Texas 78664 Williamson County Cecil Rene Arredondo, Managing General Partner PO Box 340969 Austin TX 78734 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. Survival after Termination. This Agreement shall survive termination to the extent necessary to allow the City to implement the provisions of Section 4, above. 11. 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. Annexation Development Agreement Page 3 of 5 A&W Limited Partnership SIGNED as of this i3 day of <n1t4Ht 2013. ATTEST: od� .1 RDW— SARA L. WHITE, City Clerk THE STATE OF TEXAS } COUNTY OF WILLIAMSON } CITY OF FOUND ROCK, TEXAS City of Round Rock, Texas ILvt--ar vVlla'&'ups M4 yW �(D -T&Vj This instrument was acknowledged before me on the 11 -'. day of 2013, by wo—Wi-&—y-wr and on behalf of the City of Round Rock, Texas. tCr'i� 1I�('h -Fiu-b cf.. "ar- fro--rew, 3P���''�% Notary Publi S to of Texa PN" /� IVIArlt( A�.SPt�tK Cl) •. 9-v P ue� . fs %; Printed Name: C z : O o - My Commission Expires: R ' / J= Z '9rE OE ��i •. EXPO?�y 10`•`�� �9-09'2 Annexation Development Agreement Page 4 of 5 A&W Limited Partnership ^A & W/LIMITED PARTNERSHIP THE STATE OF TEXAS } COUNTY OfY cW ,S } This instrument was acknowledged before me on the �_ day of 2013, ,Ce By C. cci R rt_d-y r— ��y� b- City of A Notary Public,5�e of Te s Printed Name:lGi1AC`�5 My Commission Expires: 0 qj R,TKr ^ + 4 c. R Arc-e- V,,V. �,0-F A4^1 r- j I Lj-Q I'( b, -1 7g 7�; '-f T RICHARD RAMOS JR NOTARY PUBLIC STATE OF TEXAS OF Py MY COMM. EXP. 5129116 L, Annexation Development Agreement Page 5 of 5 A&W Limited Partnership Exhibit A: Property Subject to Development Agreement TeraVi University Blvd ROW R055059 Approximately 7.29 acres outside ROW A&W Limited Partnership 1 inch = 150 feet 0 r C- 3 ' NUUf:D RIXX. l E \ac D L L Jw3 Lzw � U J w � IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII AGR 2013060631 6 PGS STATE OF TEXAS § ANNEXATION DEVELOPMENT § AGREEMENT WITH COUNTY OF WILLIAMSON § A&W LIMITED PARTNERSHIP This is an ANNEXATION DEVELOPMENT AGREEMENT by and between THE CITY OF ROUND ROCK, TEXAS ("City") and A&W Limited Partnership ("Owner", whether one or more). WHEREAS, Owner is owner of that certain 7.29 acre tract of land more particularly described in Exhibit "A", attached hereto (the "Property"), and; WHEREAS, the City intends to annex the property, and; WHEREAS, pursuant to Sections 43.035 and 212.172 of the Texas Local Government Code, the City and the Owner desire to enter into this Annexation Development Agreement (the "Agreement"); and WHEREAS, the Owner and the City acknowledge that this agreement is binding upon the City and the Owner and their respective successors and assigns, and; WHEREAS, this Development 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 (or extraterritorial jurisdiction). B. GENERAL TERMS AND CONDITIONS 1. Both parties agree that in consideration of the mutual promises stated herein, that the Property will not be annexed by the City of Round Rock so long as 1) the Property continues to receive an agricultural exemption from the Williamson County Central Appraisal District, and 2) no action is taken by the Owner or his assigns to file a subdivision plat or any related development document regarding the Property. If one or more of the above circumstances occur, the City is authorized to commence proceedings to annex all or some of the Property. Annexation Development Agreement A&W Limited Partnership ?,-(3-ma-(3-&3 Page 1 of 5 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 use of the Property for agricultural purposes, wildlife management 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. 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 agrees that such annexation shall be voluntary and the Owner hereby consents to such annexation as though a petition for such annexation had been tendered by the Owner, his successors or assigns. 5. Both parties agree that upon annexation of the Property by the City, the City shall, within 30 days of the effective date of the annexation, initiate an initial zoning of the Property conforming to the land use designation for the Property as shown on the most recent amendment of the City's General Plan, or as agreed to by the City and the Owner. 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. Annexation Development Agreement A&W Limited Partnership Page 2 of 5 �91 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: Planning Director City of Round Rock 301 W Bagdad St, Suite 210 Round Rock, Texas 78664 Williamson County Cecil Rene Arredondo, Managing General Partner PO Box 340969 Austin TX 78734 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. Survival after Termination. This Agreement shall survive termination to the extent necessary to allow the City to implement the provisions of Section 4, above. 11. 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. Annexation Development Agreement Page 3 of 5 A&W Limited Partnership SIGNED as of this I;;� day of N -P-) 2013. ATTEST: 9MVL— (RMV - SARA L. WHITE, City Clerk THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF OUND ROCK, TEXAS 7Z City of Round Rock, Texas 1�-vt�r Wli1+-I•�ielb� I�1���(�iV�D-��rvt This instrument was acknowledged before me on the 1 day of J2013, by 440 and on behalf of the City of Round Rock, Texas. lC►r'i� 1nf h i�!-�-i Cs AAAY&- pro--rul M. SP, Notary Publi S to of Texa ;��,•P .• '�v ..P.ue` � •,��% Printed Name: c�ri C A�At l &tl� o n = My Commission Expires:�i- 2 y — �rgrE 0E 'moi, •'••.,EXP�P..•,P \�. Annexation Development Agreement Page 4 of 5 A&W Limited Partnership A & W LIMITED PARTNERSHIP C0_ THE STATE OF TEXAS } COUNTY OFY'-cW ,S } This instrument was acknowledged before me on the day of I, 1 20�13��. Q By 1 Q &2L-==Jv orm City of A My Commission Expires: �tv�Y P RICHARD RAMOS JR NOTARY PUBLIC STATE OF TEXAS OFP� MY COMM. EXP. 5129116 R,+v-r, +,a �,a , 4 V C-.9. A C(4-1 I c. T f ? g 7 L, Annexation Development Agreement Page 5 of 5 A&W Limited Partnership �' ". Exhibit A: Property Subject to Development Agreement TeraVi University Blvd ROW R055059 Approximately 7.29 acres outside ROW A&W Limited Partnership 1 inch = 150 feet ' RpUND R(X](lf\0.S FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2013060631 06/28/2013 01:43 PM MARIA $36.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS V CITY OF ROUND ROCK 221 EAST MAIN STREET ROUND ROCK, TX 78664