R-2016-3431 - 5/26/2016RESOLUTION NO. R-2016-3431
WHEREAS, Bernard Anderson ("Owner") is the owner of that certain 153.92 acre tract of
land ("Property"), as described in Exhibit "A" to the Annexation Development Agreement; and
WHEREAS, the City of Round Rock ("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 an Annexation Development Agreement regarding the
annexation of the Property into the city limits; 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 with Bernard Anderson, 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 Govermnent Code, as amended.
RESOLVED this 26th day of May, 2016.
ALA MCGRAW, Mayor
City of Round Rock, Texas
ATTEST: n
o
SARA L. WHITE, City Clerk
0112.1604;00357431
01
EXHIBIT
STATE OF TEXAS § ANNEXATION DEVELOPMENT
§ AGREEMENT WITH
COUNTY OF WILLIAMSON § BERNARD ANDERSON
This is an ANNEXATION DEVELOPMENT AGREEMENT by and between THE CITY
OF ROUND ROCK, TEXAS ("City") and BERNARD ANDERSON (TRUSTEE) ("Owner').
WHEREAS, Owner is owner of that certain 153.92 -acre tract of land more particularly
described u1 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 Armexation 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 (the "AG Exemption"), except for existing single-family residential use,
and (2) no action is taken by the Owner or his assigns to file a subdivision plat or any
related development document for a use unrelated to the agriculture, regarding some or
all of the Property. 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 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 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 bold 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
City Manager
221 East Main Street
Round Rock, Texas 78664
Williamson County
Phone: (512)218-5401
Owner
BERNARD ANDERSON (TRUSTEE)
16233 Cameron Rd.
Pflugerville, TX 78660
Williamson County
Phone: (512) 251-4787
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 day of 2016.
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 2016,
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:
PROPERTY OWNER
Bernard Anderson (Trustee)
THE STATE OF TEXAS
COUNTY OF WILLIAMSON }
This instrument was acknowledged before me on the D?A day of ADd P 2016,
by &Warj mora (Trustee), City of _PW gegPtrUi Re T�CC3
`�„tarry,• I X� lyq ` .
VERONICA MEDINA CHANDLER � cc,-^'
_°• '1� �£ Notary PWIC, state of Texas Notary Public, State of Texas
My Commission Expires ye►o�CCk Ctl
(�• alldler
Printed Name:
January 25, 2018
Na�rN
My Commission Expires: J OQY1%,k6L 1 as'?'(A
Exhibit A
Area Proposed for Development Agreement
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EDIT "A"
20 Foot Wide Alley Vacation Tract
METES AND BOUNDS DESCRIPTION
OF A
0.0618 ACRE TRACT OF LAND LOCATED IN THE
W. HARRIS SURVEY, ABSTRACT NO. 298, WILLIAMSON COUNTY, TEXAS
AND BEING PART OF BLOCK 1, WASHINGTON ANDERSON ADDITION,
AN UNRECORDED SUBDIVISION TO THE CITY OF ROUND ROCK,
WILLIAMSON COUNTY, TEXAS
BEING A 0.0618 ACRE (2,691 SQUARE FEET) TRACT OF LAND LOCATED IN THE W.
HARRIS SURVEY, ABSTRACT NO. 298, WILLIAMSON COUNTY, TEXAS; SAID 0.0618
ACRE TRACT BEING PART OF BLOCK 1, WASHINGTON ANDERSON ADDITION, AN
UNRECORDED SUBDIVISION TO THE CITY OF ROUND ROCK, WILLIAMSON COUNTY,
TEXAS; WITH SAID 0.0618 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a cut "X" in concrete set (previously a 5/8 -inch iron rod found in February, 2014 and
subsequently destroyed) for the southwest corner of the herein described tract, said point marking the
southeast comer of that certain tract of land described in a Cash Warranty Deed to Gold Gals Holdings,
LLC, as recorded in Document No. 2013116326, Official Public Records of Williamson County, Texas
(O.P.R.W.C.T.), same being the southeast corner of Lot 10, Block 1 of said unrecorded Washington
Anderson Addition, said point also marking the intersection of the west line of a 20 foot wide alley and the
north right-of-way (R.O.W.) line of Anderson Street (a variable width R.O.W.);
THENCE North 23° 21' 45" West, departing the north R.O.W. line of said Anderson Street, and with the
common west line of said 20 foot wide alley and the east line of said Gold Gals Holdings, LLC tract, and
partway with the east line of said Lot 10 and partway with the east line of Lot 9 of said Block 1, at a
distance of 106.22 feet passing a calculated point for the northeast corner of said Gold Gals Holdings, LLC
tract and said Lot 9, said calculated point also being the southernmost northeast corner of Lot 1, Block A,
Sparks Subdivision, filed on July 10, 2009, and recorded in Cabinet FF, Slide 394, Plat Records of
Williamson County, Texas (P.R.W.C.T.), same being the southernmost northeast corner of that certain
called 0.22 acre tract of land described in a Special Warranty Deed With Vendor's Lien to SPS 1960, LLC,
as recorded in Document No. 2008087544, O.P.R.W.C.T., and continuing with the west line of said 20 foot
wide alley, same being the easternmost east line of said 0.22 acre tract and said Lot 1, Block A, Sparks
Subdivision, in all a total distance of 134.75 feet to a 1/2 -inch iron rod found for the northwest corner of the
herein described tract, same marking the northeast corner of said 0.22 acre tract, said point also marking the
southeast corner of that certain called 0.3848 acre tract of land described in a Warranty Deed With
Vendor's Lien to Sterling Camzo Investments, LLC, as recorded in Document No. 2014098190,
O.P.R.W.C.T.;
THENCE North 74° 51' 14" East, traveling across the interior of said 20 foot wide alley, a distance of
20.18 feet to a 1/2 -inch iron rod with orange plastic cap stamped "Wallace Group" set for the northeast
corner of the herein described tract, same being on the west line of Lot 3, Block 1 of said Washington
Anderson Addition, said point also being on the common east line of said 20 foot wide alley and the west
line of that certain called 0.359 acre tract of land described in a Cash Warranty Deed to Gold Gals
Holdings, LLC, as recorded in Document No. 2013116323, O.P.R.W.C.T.;
Page 1 of 3
Exhibit "A" continued
Description of a 0.0618 acre tract
THENCE South 23° 21' 45" East, with the common east line of said 20 foot wide alley and the west line
of said 0.359 acre tract, and partway with the west line of said Lot 3 and partway with the west line of Lots
2 and 1, Block 1 of said Washington Anderson Addition, a distance of 134.75 feet to a 1/2 -inch iron rod
with orange plastic cap stamped "Wallace Group" set (previously a 1/2 -inch iron rod found in February,
2014 and subsequently destroyed) for the southeast coiner of the herein described tract, same marking the
southwest comer of said 0.359 acre tract, said point also marking the intersection of the east line of said 20
foot wide alley and the north R.O.W. line of said Anderson Street;
THENCE South 74° 51' 14" West, with the common south line of said 20 foot wide alley and the north
R.O.W. line of said Anderson Street, a distance of 20.18 feet to the POINT OF BEGINNING and
containing 0.0618 acre (2,691 square feet) of land, more or less, based on the survey and exhibit drawing
made by The Wallace Group, Inc., Round Rock, Texas.
This metes and bounds description is accompanied by an exhibit drawing.
Basis of Bearings: Bearings are based on the Texas State Plane Coordinate System (Central Zone,
NAD83) which is based on Leica's Central Texas GPS Cooperative CORS RTK Network.
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That I, Daniel M. Flaherty, a Registered Professional Land Surveyor, do hereby certify that the above
description and exhibit drawing A-4814 attached hereto is true and correct to the best of my knowledge and
belief and that the property described herein was determined by a survey made on the ground under my
direction and supervision.
WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas.
Page 2 of 3
4 O F T -C
i z. o =:
Daniel M. Flaherty, R.P.L.S. No. 5004 ^
•DANIEL M. PLANER
....:..................... ••
The Wallace Group, Inc.` Y
y 90 5004
One Chisholm Trail, Suite 130
SUFt`l�
Round Rock, Texas 78681
Ph. (512) 248-0065
TBPLS Firm No. 10051701
See attached Plat No. A-4814
05-19-2015
23105-FN02.doc
Date
Page 2 of 3
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EXHIBIT ttB1
DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION OF A
20 FOOT WIDE (0.0618 ACRE) ALLEY VACATION TRACT
LOCATED IN THE W- HARRIS SURVEY, ABSTRACT NO. 258, WILLIAMSON COUNTY, TEXAS
AND BEING PART OF BLOCK 1, WASHINGTON ANDERSON ADDITION, AN UNRECORDED SUBDIVISION
TO THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
CALLED 0.3848 ACRE
PART OF LOT 8
STERLING CARRIZO
BLOCK 1
INVESTMENTS, LLC
WASHINGTON ANDERSON ADDITION
DOC. NO. 2014098190
(UNRECORDED)
O.P.R.W.C.T.
P.R.W.C.T.
O.P.R.W.C.T.
N 745114' E — 20.18'—
—� 20' ALLEY
BLOCK 1
WASHINGTON ANDERSON
ADDITION
(UNRECORDED
LOT 3
BLOCK 1
WASHINGTON ANDERSON ADDITION
(UNRECORDED)
SCALE: 1" = 30'
CALLED 0.359
GOLD GALS HOLDINGS ACRE, Seo ?p
DOC. O.P.R.W.C.T P.R.W.C.T.
4�1G 0 I
�A gA co
PART OF LOT 2
BLOCK 1
Im WASHINGTON ANDERSON ADDITION �tLy
1 (UNRECORDED)
-----
1
PART OF LOT 1
BLOCK 1
WASHINGTON ANDERSON ADDITION
(UNRECORDED)
LEGEND
R.O.W. LINE
S 7451'14' Y! 0 = 1/2' IRON ROD FOUND
GENERAL NOTES 20.18
1.) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS. ANDERSON STREET
LOT 1
LOT 1 ,
BLOCK A
CALLED 0.22 ACRE
SPARKS SUBDIVISION
SPS 1980, LLC
CAB. FF, SLD. 394
DOC. NO. 2008OB7544
P.R.W.C.T.
O.P.R.W.C.T.
FILED: JULY 10, 2009
—� 20' ALLEY
BLOCK 1
WASHINGTON ANDERSON
ADDITION
(UNRECORDED
LOT 3
BLOCK 1
WASHINGTON ANDERSON ADDITION
(UNRECORDED)
SCALE: 1" = 30'
CALLED 0.359
GOLD GALS HOLDINGS ACRE, Seo ?p
DOC. O.P.R.W.C.T P.R.W.C.T.
4�1G 0 I
�A gA co
PART OF LOT 2
BLOCK 1
Im WASHINGTON ANDERSON ADDITION �tLy
1 (UNRECORDED)
-----
1
PART OF LOT 1
BLOCK 1
WASHINGTON ANDERSON ADDITION
(UNRECORDED)
LEGEND
R.O.W. LINE
S 7451'14' Y! 0 = 1/2' IRON ROD FOUND
GENERAL NOTES 20.18
1.) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS. ANDERSON STREET
WASHINGTON ANDERSON ADDITION
LOT 1 ,
(UNRECORDED)
BLOCK A
SPARKS SUBDIVISION
so.o
PART OF LOT 9
CAB. FF, SLD. 394
GPS COOPERATIVE CORS RTK NETWORK.
BLOCK 1
P.R.W.C.T.
WASHINGTON ANDERSON ADDITION
(UNRECORDED)
FILED: JULY 10, 2009
BEGINNING
'X'
CUT IN
CONCRETE (SET)-
7 -
M. FLAHEATY
..................................
BY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT
PLAT AND THE SURVEY UPON MICH IT BASED MEETS
IS REQUIREMEr NTS F ND
9 5004THIS P; Q
9,0 FEss�o?'l0
GOLD
GOLD GALS HOLDINGS, LLC
t�D
1 DOC. NO. 2013116326
�-71
SURVEYED: 05-12-2015
l O.P.R.W.C.T.
l
C
PART OF LOT 10
BLOCK 1
—� 20' ALLEY
BLOCK 1
WASHINGTON ANDERSON
ADDITION
(UNRECORDED
LOT 3
BLOCK 1
WASHINGTON ANDERSON ADDITION
(UNRECORDED)
SCALE: 1" = 30'
CALLED 0.359
GOLD GALS HOLDINGS ACRE, Seo ?p
DOC. O.P.R.W.C.T P.R.W.C.T.
4�1G 0 I
�A gA co
PART OF LOT 2
BLOCK 1
Im WASHINGTON ANDERSON ADDITION �tLy
1 (UNRECORDED)
-----
1
PART OF LOT 1
BLOCK 1
WASHINGTON ANDERSON ADDITION
(UNRECORDED)
LEGEND
R.O.W. LINE
S 7451'14' Y! 0 = 1/2' IRON ROD FOUND
GENERAL NOTES 20.18
1.) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS. ANDERSON STREET
WASHINGTON ANDERSON ADDITION
LOT 1 ,
(UNRECORDED)
BLOCK A
SPARKS SUBDIVISION
ATI GROUP" SET
(UNLESS OTHERWISE NOTED)
4.) THIS DRAWING IS ACCOMPANIED BY A METES AND BOUNDS DESCRIPTION. O.P.R.W.C.T. = OFFICIAL PUBUC RECORDS OF
5.) BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM
CAB. FF, SLD. 394
GPS COOPERATIVE CORS RTK NETWORK.
FIELD NOTE
P.R.W.C.T.
POINT OF
FILED: JULY 10, 2009
BEGINNING
'X'
CUT IN
CONCRETE (SET)-
R.O.W. LINE
—� 20' ALLEY
BLOCK 1
WASHINGTON ANDERSON
ADDITION
(UNRECORDED
LOT 3
BLOCK 1
WASHINGTON ANDERSON ADDITION
(UNRECORDED)
SCALE: 1" = 30'
CALLED 0.359
GOLD GALS HOLDINGS ACRE, Seo ?p
DOC. O.P.R.W.C.T P.R.W.C.T.
4�1G 0 I
�A gA co
PART OF LOT 2
BLOCK 1
Im WASHINGTON ANDERSON ADDITION �tLy
1 (UNRECORDED)
-----
1
PART OF LOT 1
BLOCK 1
WASHINGTON ANDERSON ADDITION
(UNRECORDED)
LEGEND
R.O.W. LINE
S 7451'14' Y! 0 = 1/2' IRON ROD FOUND
GENERAL NOTES 20.18
1.) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS. ANDERSON STREET
(UNLESS OTHERWISE NOTED)
O = 1/2' IRON ROD WITH ORANGE
2.) SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS, EASEMENTS
AND CONDITIONS THAT MAY BE APPLICABLE WIDTH R O. fi')
PLASTIC CAP STAMPED
L"WALLACE(yARIABLE
3.) THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT.
ATI GROUP" SET
(UNLESS OTHERWISE NOTED)
4.) THIS DRAWING IS ACCOMPANIED BY A METES AND BOUNDS DESCRIPTION. O.P.R.W.C.T. = OFFICIAL PUBUC RECORDS OF
5.) BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM
WILLIAMSON COUNTY, TEXAS
(CENTRAL ZONE, NAD83) WHICH IS BASED ON LEICA'S CENTRAL TEXAS P.R.W.C.T. = PLAT RECORDS OF
GPS COOPERATIVE CORS RTK NETWORK.
WIWAMSON COUNTY, TEXAS
ThC-0, wafla e -J, %f,-2�iircupp h1c.
One Chisholm Trail, Suite 130, Round Rock, Texas 78681 (512) 248-0065
OF
Q ..........
F
Engineers ❑ Architects ❑ Planners ❑ Surveyors
TBPE F-54 Waco * Killeen * Dallas * Round RockDANIEL
M. FLAHEATY
..................................
BY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT
PLAT AND THE SURVEY UPON MICH IT BASED MEETS
IS REQUIREMEr NTS F ND
9 5004THIS P; Q
9,0 FEss�o?'l0
SURVEYS IN THE STATE OF TEXAS. THIS THE 19TH— DAY OFTME
28011
�-71
SURVEYED: 05-12-2015
U) uti"iGL m. rLArlrK 1 T Kt'LJ IVU. SUL1 3 OF Z
0 30 PLAT N0, A-4814 DRAFT D TE 05-19-2015
„ DRAWN BY TAR
a SCALE WORK ORDER NO.23105-8i FIELDBOOK/PG. 211/27 TAB # A-4814
02015 ALL RIGHTS RESERVED DIGITAL FILE 23105R—SURVEY UPDATE F/N # 23105—FIJ02