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Contract - Bernard Anderson - 5/26/2016STATE 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 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 (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 fZ'7-t-A f' 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 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) cerfified 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 V�day of NAn 2016. CITY OF RO N,DDRROCK, TEXAS ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: 9W-Kaiikf2- SARA L. WHITE, City Clerk THE STATE OF TEXAS COUNTY OF WILLIAMSON } W—""day This instrument was acknowledged before me on the of 2016, by Alan McGraw, as Mayor and on behalf of the City of Round Rock, Texas. \`\`��►►►►u a uua������' Notary Pq�aAll --�' ublic, t to of Tex Printed Name: M. ; U, At THE STATE OF TEXAS COUNTY OF WILLIAMSON } My Commission Expires: �g PROPERTY OWNER Bernard Anderson (Trustee) This instrument was acknowledged before me on the 004-6 day of AVri 0 2016, by lard "eM (Trustee), City of Ro i e -rzt-gG,S �N\ININ, sZo,!G, ,, VERONICA MEDINA CHANDLER -C£ Notary Public. State of Texas My Commission Expires January 25, 2018 Notary Public, State of Texas Printed Name: Ve1'vr�ca M• Chahcile.Y My Commission Expires: J-allgOQY" ZIS. 7_01it Exhibit A Area Proposed for Development Agreement R040119 153.92 Acres STATE OFTEXAS COUNTY OFWILLIAMSON ELECTRONICALLY RECORDED Williamson County Texas § ANJN-E)CkTION DE VELOPMENT § AGREEMENT WITH § BERNARDANDERSON 2016049095 This is an ANNEXATION DEVELOPMENT AGREEMENT by and. between TT -.TE CITY OF ROUND ROCK, TEXAS ("City") and BERNARD ANDERSON (TRUSTEE-') ("Owner"). WHEREAS, 0-,vner is owner of that certain 1.53.92 -acre tract of ].and -more particulaxl�7 describedin Exhibit "A", attached hereto (the "Propertv"), arld; k I WHEREAS, t1w City- in -tends to annex the property, arid; WHEREAS, pursuant to Sections 43 ).035 and 212.111172 of the'-T'exas Local Governn-tent Code.. the City and the Ovvrter desire to enter into this Annexation Developi-ner., t Agreement ( the "Agreernent"); and WHEREAS, the Owner and the City aclmo,rledge that this agreement is binding upon the City and the Owner :end their respective successor's and assigns, and; WHEREAS, tl-tis Develol:-u-nent Agreement is to be recorded in. the Official Records of Williamson County, Texas NOW THEREFORE, for and in co-risideration of the promises and the matual agreements set fortl-t herein, the City and Owner hereby agree as follows- A.PURPOSE The purpose of this Agreement is to comply with all requirements of Sections 1,13 035 aj.-I.d 212.172 of the Texas L,ocal Government Code pertaining to Che annexation of property into the Rourtd, Rock dt'WV limits (or extraterritorial jurisdiction). B..GENERALTERMS AND CONDITIONS 1e Both parties agree that in consideration of the n-tut-Ual promises stated herein, that the Property will not be annexed by the City of Rotirid Rock so long as (1) the -Property continues to receive art agricultural exemption from the '"Tilliamson County Ceritrall Appraisal Disb--ict ftbe"AG E.xemption'% except for existing single-fan-tily residential use, t and (2) no action is taken by t -ie Owner or h.- assigns to file a subdivision plat or a I ny related development document fora use unrelated to the agricultureregarding some or all of the Property. If one or more of the above circumstances occur, the City IS aUtl-1067,ed to corgi-mence p, oceedings to annex portions of the Propert�, which are effl-ter- affected by the removal of the AG ExempLion, or which are the subject of the Developi-nient Documents. It is expressly understood and agreed that the Owners may develop the fZ-2-tlfo-'3k�4 Property kn phases and that the City of -Round Rock will only annex those portions of Che Property which are included within "final" subdivision plats. 2. As consideration for the City foregoing armexation proceedings as described above., the Ocaner 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 enjov.mej.;t, or timber production. 3. Tlie Owner agrees that the City's AG- Agricultural ZODirl- requirements apply to the Pror?ertv, and that the Property shall on' be used for AG zoning uses until such time as the Property isaj--i-nexed- 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 Rotirtd 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 t1i e Owners. 4. 'l ie Owner acknowledges that if 0 -wrier or any successor or assign violates any condition of this Agreement, then in addition to the City's other rernedies, such act will constitute a petition for voluntary annexation by the Owner, and the Property will be subject to aru-iexatiort at the direction of the Council.. The Owner and any successors. or assigns agrees that such annexation sl -tall 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 assigi-is. 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 n--,ost recent amendment of City's Comprehensive Plan. C. MISCELLANEOUS PROVISIONS 1. Actions Performable. The City and the Owner agree that all actions to be perfon-ried under this Agreement are perforniable in Wilharn.son County, Texas. 2, Gover-nim- -, 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 an -v interpretation of this Agree-r-nent at a future date shall be made under ffie laws of the State of Texas. 3. Severability. If a provision hereof A-iall be firtally declared void or illegal. by anj, court Severability. - - - - ----- - ------- -- I or adn-�inistrative agency having jurisdiction, the entire Agreement shall not be void; but j 0 J 0 the rem.-aft-iing provisions shall continue in effect- as neaxly as possible in accordance with the originain-LeTi lt t of tfi.e parties. I L . 4. CornpleteAgree.n.,ent. This Agreement rep resents a co-.n--..Plete agreernerit of the parties 0 and suversedes all prior written and oral rnatters related to this agreement. Any amendment to this Agree -neat must be in writing and signed by all par -des, '17his A.-rearnent rurts with the land and shall bind the Property for a tern of -fifteen years, unless ars ended. by the parties. 5. Exhibits. All. exhibits attached to this Agreement are incorporated by reference and expressly rnade part of this Agreement as if copied verbatim. 6. No-fice.. All notices, requests or other corfinaLmications: required or permitted by tl-ds Agreement shall be in. writing and shall besent by (i) telecopy, with the original delivered by hand or overnight carrier, (H) by overnight COUrier or hand delivery/ or (iii) certified mail, postage prepaid, return receipt requested, and addressed to the parties at the following a(Aldresses: City of Round Rock City Manager 221 East Main Street Round Rock, Texas 78664 Williamso-n County Phone: (512)218-543'1. Owner BERNARDANDE-RSON (TRUSTEE) 16233 Cam. exon Rd. Pflug0erville, TX 78660 Willia-11-tson County 'hone: (512) 251-4787 7. Force Majeure. Owner and the City agree that the obligations of each party shall be subject to force majieure events such as natural calamity, fire or strike or indenierit weather. S. f CoT vevance oP:jo L .1 ................ I -�ertv, Any person who sells or con veysariv 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. Continuit�. This Agreement shall run with the Property and be bin -ding or all successor's and grantees of Owner. 1-0. Sip - nature _WarrMtv Clause, The signatories to this Agreernent represent and warrant that they have the authority to execute this Agreement on behalf of the City and Owner, respectively, SIGNED as of this of KA�y 2016. 1, CITY OF Rq'ND BOCK, TEXAS ALAN MCGRAW, MaVor City of Rotmd Rock, Texas ATTEST: SARA L. VVHlTE, City Clerk THE STATE OF TEXAS COUNTY OF WILLIAMSON Tli i s in s tr u m, ent was a cLi o w I e d g e d b ef o r e me on the - 2101-1-d' a, y 0f iw-tv— 2016, by Alan McGraw, as Mayor and on behalf of the City of Round Rock, Texas. sp 4""' ... Nof ary P 4 * . _' !- of 0 Printed Nan-te: My Corpanission Expires, --- 09.0 aEa PROPERTY OWNER Ben.iardAriderson (Trustee) THE STATE OF TEXAS COUNTY OF WILLIAMSON rhis instrument was acknowledged before me oj--1 the C20 day of2 016, ------------- by &,144- -Ake-k crrustea pity of Wawa NA CHANDLER VERONICA MEDJ -------------------------- -- Notory PuOlic, State of Texas Notary Public. State of Texas My Commission Explies vl�';- Printed dame` , --- Ver0r�(Ck 616nAk-r MyCommissionExpires: J-Oalutak Exhibit A Area Proposed for Development Agreement 2016049095 Page 6 of 6 2016049095 Electronically Recorded OFFICIAL PUBLIC RECORDS Nancy E. Rister, County Clerk 6/7/2016 1 0:49 AM Pages: 6 Fee: $ 37.00 Williamson County Texas