R-2016-3693 - 9/22/2016RESOLUTION NO. R-2016-3693
WHEREAS, JCN Family Partnership, Ltd. ("Owner") is the owner of that certain 95.08 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 JCN Family Partnership, Ltd., 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 22°d day of September, 2016.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
SARA L. WHITE, City Clerk
0112.1604;00362323
EXHIBIT
"A„
STATE OF TEXAS § ANNEXATION DEVELOPMENT
§ AGREEMENT WITH JCN
COUNTY OF WILLIAMSON § FAMILY
PARTNERSHIP, LTD.
THIS ANNEXATION DEVELOPMENT AGREEMENT (this "Agreement") is between THE CITY
OF ROUND ROCK, TEXAS (the "0&") and JCN FAMILY PARTNERSHIP, LTD., a Texas limited
partnership ("Owner", whether one or more).
WHEREAS, Owner is owner of that certain 95.o8 -acre tract of land as described in Exhibit A,
attached hereto; and
WHEREAS, the City has advised Owner that the City intends to annex the Property; and
WHEREAS, Owner and the City acknowledge that this Agreement is intended to be binding upon
the City, 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 mutual agreements set forth
herein, the City and Owner agree as follows:
A. PURPOSE.
1. 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
City's city limits.
B. GENERAL TERMS AND CONDITIONS.
1. Both parties agree that, in consideration of the mutual promises stated herein, the
Property will not be annexed by the City so long as (1) the Property, except for that portion that is
currently used for existing single-family residential use and related appurtenances, continues to
receive an agricultural exemption from the Williamson County Central Appraisal District (the "A_
Exemption"), and (2) no action is taken by Owner or its successor or assign to file a "final"
subdivision plat (a "Final Plat") affecting some or all of the Property for a use unrelated to
agricultural use. If one or more of the above circumstances occur, and, in the case of the Ag
Exemption, Owner has exhausted its attempts to reinstate the Ag Exemption, the City is
authorized to commence proceedings to annex those portions of the Property that are either (a)
affected by the removal of the Ag Exemption, or (b) are included in the Final Plat. It is expressly
understood and agreed that Owner has the right to develop the Property in phases and that the
City will only be entitled to annex such portions of the Property as are actually included within a
Final Plat.
2. As consideration for the City foregoing annexation proceedings as described above, 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 its tenant's use of the Property for existing single-
family residential use and related appurtenances or for agricultural purposes, wildlife
management, recreational enjoyment, specifically including hunting, or timber production (the
"Permitted Uses"). The City agrees that Owner may continue to use the Property for the Permitted
Uses, the City's regulations and authority notwithstanding.
3. Owner agrees that the City's AG- Agricultural zoning requirements apply to the Property,
{W07025o8al I
and that, except for the existing single-family residential use and related appurtenances, the
Property shall only be used for AG zoning uses and the Permitted Uses until such time as the
Property is annexed into the City. Upon such annexation, the City agrees to zone the Property (or
applicable portion thereof) 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 and the owner of the portion of the Property in question.
4. Owner acknowledges that, if Owner or a successor owner of any portion of the Property
violates any condition of this Agreement, then, in addition to the City's other remedies, such act
will constitute a petition for voluntary annexation of the portion of the Property owned by the
property owner in question, and that portion of the Property will be subject to annexation at the
direction of the City Council. Owner and any successor owner agree that such annexation shall
be voluntary and such owner hereby consents to such annexation as though a petition for such
annexation had been tendered by it.
5. Both parties agree that, upon annexation of a portion of the Property by the City, the City
shall, within 3o days of the effective date of the annexation, initiate an initial zoning of the portion
of the Property in question, conforming to the land use designation for the portion of the Property
as shown on 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 and the owner of the portion of the Property in
question.
6. If Owner sells or conveys a portion of the Property, the rights and obligations of Owner
and the rights and obligations of the purchaser or subsequent owner under this Agreement will
be severable, and Owner will not be liable for a default by the purchaser or subsequent owner and
vice -versa. After any such sale or conveyance, this Agreement may be amended as to only a
portion of the Property by written agreement of the City and the owner or owners of the portion
of the Property affected by the amendment and the consent of all of the owners will not be
required.
C. MISCELLANEOUS PROVISIONS
1. Actions Performable. The City and 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 45 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.
{W07025o8.i} 2
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
JCN Family Partnership, Ltd.
3404 Glenview Avenue
Austin, TX 78703
Travis County
Phone: (512) 467-9686
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. By recordation of this Agreement in the Official Public Records
of Williamson County, Texas, any person who purchases any portion of the Property will be
deemed to have been given notice of this Agreement. Any such purchaser will promptly give
written notice of the purchase 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
fW0702508.11 3
2016.
CITY:
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
, 2oi6, 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:
fW0702508.11 4
OWNER:
JCN FAMILY PARTNERSHIP, LTD., a Texas limited
partnership
By: Nelson Homstead Management, L.L.C., a
Texas limited liability company, its general
partner
52
THE STATE OF TEXAS
COUNTY OF
John C. Nelson, Manager
This instrument was acknowledged before me on the day of
, 2016, by John C. Nelson, Manager of Nelson Homestead
Management, L.L.C., a Texas limited liability company, general partner of Nelson Homestead
Family Partnership, Ltd., a Texas limited partnership on behalf of said limited liability company
and limited partnership.
Notary Public, State of Texas
Printed Name:
My Commission Expires:
{W07025o8.11 5
Exhibit A