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R-06-12-14-4A1 - 12/14/2006RESOLUTION NO. R -06-12-14-4A1 WHEREAS, the City of Round Rock wishes to enter into an ETJ Development Agreement with Texas Crushed Stone and Georgetown Railroad Company, Inc., for 1,626.54 acres of land in Williamson County, Texas, 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 ETJ Development Agreement with Texas Crushed Stone and Georgetown Railroad Company, Inc., for 1,626.54 acres of land, in Williamson County, Texas, a copy of said Agreement 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 14th day of December, 2006. WE Mayor City of Round Rock, Texas 0:\wdox\RESOLUTI\R61214A1.WPD/rmc TEXAS CRUSHED STONE ETJ DEVELOPMENT AGREEMENT This Texas Crushed Stone ETJ Development Agreement (this "Agreement") is executed between Texas Crushed Stone and Georgetown Railroad Company, Inc. (collectively, "Owner")and the City of Round Rock, Williamson Count Texas County, (the "City") to be effective December 7, 2006 (the "Effective Date"). ARTICLE I RECITALS WHEREAS, the City is a home -rule municipal corporation of the State of Texas; and WHEREAS, Texas Crushed Stone is a Texas corporation; and WHEREAS, Georgetown Railroad Company, Inc. is a Texas corporation; and WHEREAS, Owner and the City are sometimes individually referred to as a "Party" and collectively as the "Parties"; and WHEREAS, Owner is the owner of the real property located in Williamson County, Texas (the "County") and described bymetes and bounds "Property"); ��� on Exhibit A and depicted on Exhibit B (the Property ); and WHEREAS, the Property is located wholly within the extraterritorial jurisdiction ("ETJ" limits) of the City and not within the ETJ or corporate of any other town or city; and WHEREAS, the Parties intend for the use of the Property to continue as it is presentlyused, as a rock quarry and all uses and activities associated with rock quarries; and WHEREAS, the Parties intend for the Property to be immune from full -purpose annexation by the City for the term of, and as otherwise provided by, this A eement• and WHEREAS, the Parties have the authority to enter into this Agreement pursuant, but not limited, to the authority granted by Section 212.172 of the Texas Local Government Code; and WHEREAS, the Parties intend that this Agreement is a development agreement asrovided for Code. state law in Section 212.171 et seq of the Texas Local Governmentp NOW THEREFORE, for and in consideration of the mutual obligations of the Parties set forth in this Agreement, and for other good and valuable consideration the receipt and adequacy of which are acknowledged, the Parties agree as follows: q Y 2.1 Preexisting Uses. ARTICLE II ETJ DEVELOPMENT Page 1 EXHIBIT nAti 015523.00011:992770.08 (a) The City recognizes the pre-existing uses of the Property as a rock quarry and uses related to the operation on the Property as a rock quarry, including but not limited to, the operation of wells and other utilities, the excavation of quarries and tunnels, the extraction of limestone and other raw materials, the processing of those materials into finished products, the use of soil and fill material for drainage purposes, the mining, blasting, use of explosives, handling, crushing, conveying, washing, screening, sorting, stockpiling, packaging, distribution, and transportation of raw material, and processed material, and the use of materials to aid and assist in the use of the Property for rock quarry and related activities, and the use of offices, warehouses, or any structure used for the administration, management, and upkeep or the quarry and related uses, and shall allow those pre-existinguses to continueq y during the Term (later defined) of this Agreement. (b) The City recognizes the pre-existing uses of the Property for the operation of railroads, water wells, and utilities, including but not limited to pipelines, water towers, water storage tanks, platforms, loading and unloading facilities, passenger and freight platforms, intermodal facilities, material, lading, and equipment storage and maintenance yards. 2.2 Immunity from Annexation. The Property shall remain in the ETJ of the City and be immune from full purpose annexation by the City for the Term. 2.3 Subdivision Regulations. The subdivision regulations codified in Chapter 8 of the Cityof Round Rock Code of Ordinances, as amended upuntil the Effective Date, together with the Special Regulations attached as Exhibit C, shall be the exclusive subdivision rules and regulations applicable to the Property. In the event of a conflict between the Subdivision Regulations and the Special Regulations, the Special Regulations shall control. ARTICLE III DEVELOPMENT CHARGES No fees or charges of any kind are due and payable to the City in connection with the use of the Property. ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be 15 years after the Effective Date unless extended bymutual agreement of Owner and the City (the "Term"). ARTICLE V ADDITIONAL PROVISIONS 5.1 Recitals. The recitals contained in this Agreement: (a) are true and correct as of the Effective Date; (b) form the basis upon which the Parties negotiated and entered into this Agreement; and (c) reflect the intent of the Parties with regard to the subject matter of this Agreement. If it becomes necessary to interpret any provision of this Agreement, the intent of the Parties, as evidenced by the recitals, shall be given full effect. The Parties have relied, to Page 2 015523.00011:992770.08 their material detriment, upon the recitals as part of the consideration for enteringinto this Agreement, and, but for the recitals, the Parties would not have entered into this Agreement. 5.2 Vested Rights. Notwithstanding anything in this Agreement to the contrary,this Agreement shall constitute a "permit" (as defined in Chapter 245 of the Texas p Local Government Code) that is deemed filed with the City on the Effective Date. Owner does not, byenteringinto this Agreement, waive any rights or obligations arisingunder Chapter g 245 or under Chapter 43 of the Texas Local Government Code or under any other provision of law. Similarly, the City does not waive (a) any defenses it may have to such rights and claimsy g by Owner, or (b) any rights and claims existing under Chapter 245 or under Chapter 43 of the Texas Local Government Code or under any other provision of law. 5.3 Authority. The City represents and warrants that this Agreement has been approved by the action of the City Council of the City in accordance with all applicable public pp e meeting and public notice requirements (including, but not limited to, notices required by the Texas Open Meetings Act) and that the individual executingthis Agreement on behalf p gr of the City has been authorized to do so. Owner represents and warrants that this Agreement has been approved appropriate action of Owner and that the individual executingthisp by Agreement on behalf of Owner has been authorized to do so. 5.4 Recordation and Releases. (a) Recordation. Pursuant to the requirements of Section 212.172(0 of the Texas Local Government Code, this Agreement, and all amendments to this Agreement, shall be recorded in the deed records of the County. This Agreement shall be binding upon the Parties, the Property, and future owners of all or any portion of the Property (said future owners hereinafter referred to as "Successors"). Notwithstanding the foregoing, however, this Agreement shall not be binding upon, and shall not constitute any encumbrance to title as to, any end -buyer of a fully developed and improved lot within the Property. For purposes of this Agreement: (A) the term "end -buyer" means any owner, tenant, user, or occupant; and (B) the term "fully developed and improved lot" means any lot, regardless of the use, for which a final plat has been recorded. Owner shall maintain a written list of its Successors who took title directly from Owner (including the notice information required by this Agreement) and, upon written request from any Party or Successor shall make a copy of such list (includingthe notice information) o tion) available to the requesting person or entity. (b) Releases. From time to time upon written request of Owner or an Successors, the City staff shall execute, in recordable form, a release of this Agreementy with respect to an end -buyer of a fully developed and improved lot (as such terms are defined above in this section). The release forms shall be prepared by Owner or Successor and subject to the approval of the City Attorney. 5.5 No Third Party Beneficiaries. This Agreement only inures to the benefit of, and may only be enforced by, the Parties. No other person or entity shall have anyright, y titl e, or interest under this Agreement or otherwise be deemed to be a third -party beneficiary of this Agreement. Page 3 015523.00011:992770.08 5.6 Entire Agreement; Amendment; Severability. (a) This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements and understandings, whether oral or written, concerning the subject matter of this Agreement. (b) This Agreement shall not be modified or amended except in writing signed by the Parties. A copy of each amendment to this A gre ement, when fully executed and recorded, shall be provided by the City and/or Owner to each Successor (based on the records maintained by Owner and Successor pursuant to this Agreement); and/or Owner)' however, the failure of the City to do so shall not affect the validity of any amendment. (c) If any provision of this Agreement is determined by a court to be unenforceable, the unenforceable provision shall be deleted from this Agreement, the unenforceable provision shall, to the extent possible, be rewritten to be enforceable and to give effect to the intent of the Parties, and the remainder of this Agreement shall remain in full force and effect and shall be interpreted to give effect to the intent of the Parties. Without limiting the generality of the foregoing: (a) if it is determined that, as of the Effective Date, Owner does not own a portion of the Property, this Agreement shall remain in full force and effect with respect to all of the Property that Owner does own; or (b) if it is determined that, as of the Effective Date, a portion of the Property is not within the City's ETJ, this Agreement shall remain in full force and effect with respect to all of the Property that is within the City's ETJ; or (c) if a court shall hold that the term of this Agreement is unenforceable or in violation of Section 212.172 of the Texas Local Government Code, this Agreement shall remain in full force and effect for the longest Article IV above. allowed by law, not to exceed the limitations on term set forth ing 5.7 Federal Preemption. The Parties recognize that the Federal Railroad Safety Act of 1970 ("RFSA"), codified in 49 U.S.C.A. § 20106 expressly pre-empts state and local regulations in conflict with all Federal Rules and Regulations regarding the operation g p era tion and safety of railroads, including the preexisting railroad and related appurtenances on the Property. 5.8 Remedies. The Parties agree that this Agreement is enforceable. If a Party or Successor fails to comply with this Agreement, all other Parties shall be entitled to immediate injunctive relief and mandamus, to specific performance, and, to the maximum extent permitted by law, to actual damages (but excluding special or consequential damages). The remedies set forth in this section are the sole and exclusive remedies of the Parties for a Party's failure to comply with this Agreement. p y 5.9 Notices. Any notice or other communication required by this Agreement to begiven, provided, or delivered to a Party shall be in writingaddressed to the Parties. as set forth below. Notices shall be considered "given" for purposes of this Agreement: (a) if by Certified Mail, five business days after deposited with the U.S. Postal Service, Certified Mail, Return Receipt Requested; (b) if by private delivery service (e.g., FedEx or UPS),p on the datedelivered to the notice address as evidenced by a receipt signed by any person at the notice address;c if by Page 4 015523.00011:992770.08 FAX, when sent, or (d) if by any other means (including, but not limited to, e-mail if an email address is provided below), when actually received by the Party at the notice address. The City of Round Rock Jim Nuse City Manager 221 E. Main Street Round Rock, TX 78664 With a copy to: Stephan L. Sheets City Attorney 309 E. Main Street Round Rock, TX 78664 Texas Crushed Stone W. B. Snead, President P.O. Box 529 Georgetown, TX 78267-529 Georgetown Railroad Company, Inc. W. B. Snead, Chairman of the Board P.O. Box 529 Georgetown, TX 78267-529 With a copy to: Hughes & Luce, LLP Attn: Misty Ventura 1717 Main Street, Suite 2800 Dallas, Texas 75201 FAX: (214) 939-5849 E-mail: misty.ventura@hughesluce.com Each Party has the right to change, from time to time, its notice addresses by giving at least 10 days written notice to the other Parties. If any time period provided in this Agreement ends on a Saturday, Sunday, or legal holiday, the period shall be extended to the first business day following such Saturday, Sunday or legal holiday. 5.10 Time. Time is of the essence in the performance by the Parties of their respective obligations under this Agreement. p 5.11 Applicable Law and Venue. This Agreement shall be interpreted in accordance with the laws of the State of Texas. Venue shall be in Williamson County, Texas. 5.12 Non -Waiver. If a Party fails to insist on strict performance of any provision of this Agreement, such failure shall not be deemed a waiver by such Party of its right to insist on strict Page 5 015523.00011:992770.08 performance of such provision in the future or strict performance of any otherp rovision of this Agreement. 5.13 Further Documents. Each Party shall, upon request of the other Party, execute and deliver such further documents and perform such further acts as may reasonably be requested to To the effectuate the terms of this Agreement and achieve the intent of the Parties.q maximum extent possible under applicable law, the obligation of the City to execute such further documents shall be interpreted to be administrative and ministerial in nature and shall not be interpreted to involve the exercise of governmental discretion or constitute the performance of governmental functions. 5.14 Conflict. In the event of any conflict between this Agreement and any City ordinances, resolutions, or policies, this Agreement shall control. 5.15 Binding Effect. This Agreement is a covenant running with the land and shall be binding subsequent owners of all or any on all portion of the Property. 5.16 Tunnels Under FM 1431. The City has no objection to Owner or its Successors excavating, using and maintaining a tunnel or tunnels underneath FM 1431 connecting the portions of the Property divided by FM 1431. 5.17 Traffic Signal. The Parties shall contact the Texas Department of Transportation to advocate for a traffic signal at the intersection of the present location of the Texas Crushed Stone truck gate entrance and FM 1431. 5.18 Exhibits. The following exhibits are attached to this Agreement and are incorporated as part of this Agreement for all purposes as if set forth in full in the body of this Agreement. Exhibit A Exhibit B Exhibit C The Property Metes and Bounds Description The Property Depiction Special Regulations Executed by Owner and the City to be effective on the Effective Date. Page 6 015523.00011:992770.08 ATTEST: CITY OF ROUND ROCK, TEXAS Name: Christine Martinez Title: City Secretary By: Name: Nyle Maxwell Title: Mayor Date: APPROVED AS TO FORM AND LEGALITY Name: Stephan L. Sheets Title: City Attorney STATE OF TEXAS COUNTY OF WILLIAMSON § § § This instrument was acknowledged before me on the day of 2006 by Nyle Maxwell, Mayor of the City of Round Rock, Texas, on behalf of said city. Notary Public, State of Texas TEXAS CRUSHED STONE a Texas Corporation By: Name: William Snead Title: President Date: Page 7 015523.00011:992770.08 STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on the day of , 2006 byWilliam Snead, President of Texas Crushed Stone, a Texas corporation, on behalf rp of said corporation. Notary Public, State of Texas GEORGETOWN RAILROAD COMPANY, INC. a Texas Corporation By: Printed Name: Title: STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on the day of , 2006 by of Georgetown Railroad Company, Inc., a Texas corporation, on behalf of said corporation. Page 8 Notary Public, State of Texas 015523.00011:992770.08 EXHIBIT vtArt THE FIELD NOTES DESCRIBING TRACT I ARE FOR GENERAL REFERENCE ONLY. THEY REPRESENT THEORETICAL CLOSURE OF PARTIAL SURVEYS. THEY DO NOT REPRESENT ACUAL GROUND SURVEYS TRACT I BEGINNING at an iron pin for the most easterly northeast corner of the tract of land herein described, said corner also being the most easterly northeast corner of the above said 1,474.684 acre tract conveyed to Westinghouse Electric Corporation, in the south line of the John Powell League (Abstract 491), in the north line of the Ephraim Evans League (Abstract 212), and in the west right-of-way line of the Georgetown Railroad; THENCE along the east line of the tract herein described, said east line also being the west right-of-way line of the Georgetown Railroad South 7° 00' 06" West a distance of 422.97 feet to an iron pin, said iron pin also being the northeast corner of that 13.00 acre tract of land conveyed to the City of Round Rock and recorded in the Williamson County Deed Records in Volume 853, page 56; THENCE along the north line of the above said City of Round Rock tract South 72° 14' 37" West a distance of 1,016.96 feet to an iron pin for the northwest corner of the above said City of Round Rock tract; THENCE along the west line of the above said City of Round Rock tract South 17° 47' 23" East a distance of 652.19 feet to an iron pin for the southwest corner of the above said City of Round Rock tract; THENCE along the south line of the above City of Round Rock track North 72° 14' 24" East a distance of 719.90 feet to an iron pin for the southeast corner of the above said City of Round Rock tract, said southeast corner also being in the west right-of-way line of the Georgetown Railroad; THENCE along the east line of the tract herein described, said east line also being the west right-of-way line of the Georgetown Railroad, the following courses: (1) South 4°18' 56" West a distance of 65.18 feet to an iron pin; (2) North 67° 51' 47" East a distance of 11.14 feet to an iron pin; (3) South 6° 23' 45" West a distance of 955.07 feet to an iron pin; (4) 1504.16 feet along a curve to the left having a chord of 1503.15 feet bearing South 3° 09' 58" West and a radius of 11,489.59 feet to an iron pin; (5) South 0° 51' 01" East a distance of 407.61 feet to an iron pin; (6) South 0° 51' 14" East a distance of 2,695.35 feet to an iron pin for the southeast corner of the tract herein described; THENCE along the south line of the tract herein described the following courses: (1) South 87° 57' 18" West a distance of 124.22 feet to an iron pin; (2) 224.69 feet along a curve to the left having a chord of 224.68 feet bearing South 86° 46' 27" West and a radius of 5,869.58 feet, to an iron pin; (3) South 76° 48' 34" West a distance of 310.48 feet to an iron pin; (4) 613.26 feet along a curve to the left having a chord of 612.99 feet bearing South 79° 41' 43" West and a radius of 5,829.58 feet, to an iron pin; (5) South 76° 44' 56" West a distance of 7,502.43 feet to a 30d nail in rock; (6) 652.77 feet along a curve to the left having a chord of 652.44 feet bearing South 73° 32' 09" West and a radius of 5,829.58 feet, to an iron pin; (7) South 70° 15' 54" West a distance of 492.06 feet to an iron pin for the southwest corner of the tract herein described; THENCE along the average line of a fence for the west line of the tract herein described the following courses; (1) North 21° 02' 58" West a distance of 3,679.56 feet to an iron pin; (2) North 69° 49' 35" East a distance of 1,000.42 feet to a cedar post in concrete; (3) North 20° 28' 58" West a distance of 1,211.02 feet to an iron pin for the northwest corner of the tract herein described; THENCE along the north line of the tract herein described the following courses; (1) North 69° 03' 17" East a distance of 5958.94 feet to an iron pin; (2) North 68° 59' 48" East a distance of 1,079.76 feet to a cedar post; (3) North 51° 30' 13" East a distance of 43.49 feet to a cedar post; (4) North 69° 15' 35" East a distance of 2,235.63 feet to an iron pin; (5) North 80° 08' 33" East a distance of 47.20 feet to an iron pin; (6) North 69° 29' 12" East a distance of 341.55 feet to an iron post; (7) North 69° 17' 27" East a distance of 1,033.48 feet to a cedar post; (8) North 68° 38' 13" East a distance of 741.68 feet to the Point of Beginning and containing 1341.65 acres, more or less save and except 15.89 acres transferred to the City of Round Rock through Industrial District Agreements. Tract I Property Depiction ns stray e9'I99 Exhibit C Special Regulations 1. If an application for a plat conforms to all of the applicable provisions of the Subdivision Regulations, the Planning and Zoning Commission shall approve it. Conformance with the City's General Plan (including, but not limited to, any land use and thoroughfare components of such plan) or any other land use plan or policy of the City shall not be a reason for denial of a plat application. The phasing shown on a plat shall not be a reason for denial of a plat application, as long as the plat application otherwise conforms to all of the applicable provisions of the Subdivision Regulations. As used in this paragraph, the term "plat" means a concept plan, a preliminary plat, final plat, or an amending plat. 2. Predevelopment conferences are not required. 3. For purposes of determining the "parent tract" as that term is defined in the Subdivision Regulations, the Property shall be considered the parent tract. 4. Submittal of an annexation petition to the City shall not be a prerequisite to filing a complete application for a concept plan, preliminary plat, final plat, or an amending plat. 5. A final plat shall substantially conform to the preliminary plat that preceded it. 6. A preliminary plat may consist of all or a portion of the Property. A final plat may consist of all or a portion of the property shown on an approved preliminary plat. 7. The tree protection and preservation provisions of Section 3.1100 of the City Code do not apply. Without limiting the generality of the foregoing and notwithstanding anything in the Subdivision Regulations to the contrary, there are no tree preservation or mitigation requirements applicable to the Property, and a tree survey shall not be required as a condition to the submittal of any development application, including but not limited to an application for approval of a building permit, concept plan, preliminary plat, final plat, or amending plat. Exhibit B - Page 2 015523.00011:992770.08 DATE: December 8, 2006 SUBJECT: City Council Meeting - December 14, 2006 ITEM: 4.A.1. Consider a resolution authorizing the Mayor to execute an ETJ (extraterritorial jurisdiction) Development Agreement with Texas Crushed Stone and Georgetown Railroad Company, Inc. Department: Planning and Community Development Department Staff Person: Jim Stendebach, Planning and Community Development Director Justification: This agreement relates to the 1626.54 acres of Texas Crushed Stone and Georgetown Railroad Property not being annexed. The agreement is in conjunction with the voluntary annexation of the 829.5 acres. Funding: Cost: Source of funds: N/A Outside Resources: N/A Background Information: N/A Public Comment: N/A EXECUTED DOCUMENT FOLLOWS J z..G Iu III 111111111111 III AGR 18 PGS TEXAS CRUSHED STONE ETJ DEVELOPMENT AGREEMENT 2006112028 This Texas Crushed Stone ETJ Development Agreement (this "Agreement") is executed between Texas Crushed Stone and Georgetown Railroad Company, Inc. (collectively, "Owner") and the City of Round Rock, Williamson County, Texas (the "City") to be effective December' 2006 (the "Effective Date"). /If ARTICLE I RECITALS WHEREAS, the City is a home -rule municipal corporation of the State of Texas; and WHEREAS, Texas Crushed Stone is a Texas corporation; and WHEREAS, Georgetown Railroad Company, Inc. is a Texas corporation; and WHEREAS, Owner and the City are sometimes individually referred to as a "Party" and collectively as the "Parties"; and y WHEREAS, Owner is the owner of the real property located in Williamson County, Texas (the "County") and described by metes and bounds on Exhibit A and depicted on Exhibit B (the "Property"); and WHEREAS, the Property is located wholly within the extraterritorial jurisdiction ("ETJ")of the City and not within the ETJ or corporate limits of rp any other town or city; and WHEREAS, the Parties intend for the use of the Property to continue as it is presently used, as a rock quarry and all uses and activities associated with rock quarries; and WHEREAS, the Parties intend for the Property to be immune from full -purpose annexation by the City for the term of, and as otherwise provided by, this Agreement; and WHEREAS, the Parties have the authority to enter into this Agreement pursuant, but not limited, to the authority granted by Section 212.172 of the Texas Local Government Code; and WHEREAS, the Parties intend that this Agreement is a development agreement asrovided for Code. by state law in Section 212.171 et seq of the Texas Local Government C p NOW THEREFORE, for and in consideration of the mutual obligations of the Parties set forth in this Agreement, and for other good and valuable consideration the receipt and adequacy of which are acknowledged, the Parties agree as follows: q y Page 1 015523_00011:992770.08 ARTICLE II ETJ DEVELOPMENT 2.1 Preexisting Uses. (a) The City recognizes the pre-existing uses of the Property as a rock quarryand uses related to the operation on the Property as a rock quarry, includingbut q ri"Y, not limited to, the operation of wells and other utilities, the excavation of quarries and tunnels, the extraction of limestone and other raw materials, the processing of those materials into finishedroduc p ts, the use of soil and fill material for drainage purposes, the mining, blasting, use of explosives, g p , handling, crushing, conveying, washing, screening, sorting, stockpiling,distrib and transportation of raw material, and processed material, ution, and the use of materials to aid and assist in the use of the Property for rock quarry and related activities, and the use of offices, warehouses, or any structure used for the administration, management, and upkeep or thequarryand related uses, and shall allow those pre-existing uses to continue during the Term (later defined) of this Agreement. (b) The City recognizes the pre-existing uses of the Property for the operation on of railroads, water wells, and utilities, including but not limited to pipelines, water towers, water storage tanks, platforms, loading 'and unloading facilities, passenger and freightplatforms, intermodal facilities, material, lading, and equipment storage and maintenance g yards. 2.2 Immunity from Annexation. The Property shall remain in the ETJ of the Cityand be immune from full purpose annexation by the City for the Term. 2.3 Subdivision Regulations. The subdivision regulations codified in Chapter 8 of the Cityof Round Rock Code of Ordinances, as amended upuntil the EffectiveP Date, together with the Special Regulations attached as Exhibit C, shall be the exclusive subdivision rules and regulations applicable to the Property. In the event of a conflict between the Subdivision Regulations and the Special Regulations, the Special Regulations shall control. ARTICLE III DEVELOPMENT CHARGES No fees or charges of any kind are due and payable to the City in connection with the use of the Property. ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be 15 years after the Effective Date unless extended by agreement of Owner and the City (the "Term"). mutual ARTICLE V ADDITIONAL PROVISIONS 5.1 Recitals. The recitals contained in this Agreement: (a) are true and correct as of the Effective Date; (b) form the basis upon which the Parties negotiated and entered into this Page 2 015523.00011-992770 08 Agreement; and (c) reflect the intent of the Parties with regard to the subject matter of this Agreement. If it becomes necessary to interpret anyprovision rp of this Agreement, the intent of the Parties, as evidenced by the recitals, shall be given full effect. The Parties have relied, to their material detriment, upon the recitals as part of the consideration for enteringinto this this Agreement. and, but for the recitals, the Parties would not have entered into 5.2 Vested Rights. Notwithstanding anything in this Agreement to the contra this Agreement shall constitute a "permit" �' p (as defined in Chapter 245 of the Texas Local Government Code) that is deemed filed with the City on the Effective Date. Owner does not, byenteringinto this Agreement, waive any rights or obligations arisingunder Chapter g 245 or under Chapter 43 of the Texas Local Government Code or under any other provision of law. Similarly, the does not waive (a) any defenses it may have to such rights and claims y City g by Owner, or (b) any rights and claims existing under Chapter 245 or under Chapter 43 of the Texas Local Government Code or under any other provision of law. 5.3 Authority. The City represents and warrants that this Agreement has been approved by the action of the City Council of the City in accordance with all applicable public ppcameeting and public notice requirements (including, but not limited to, notices required by the Texas Open Meetings Act) and that the individual executing this Agreement on behalf ofthe City has been � authorized to do • so. Owner represents and warrants that this Agreement has been approved appropriate action of Owner and that the individual executingthis AgreementpP by on behalf of Owner has been authorized to do so. 5.4 Recordation and Releases. (a) Recordation. Pursuant to the requirements of Section 212.172(0 of the Texas Local Government Code, this Agreement, and all amendments to this Agreement, shall be recorded in the deed records of the County. This Agreement shall be binding upon the Parties, the Property, and future owners of all or anyportion of the Property (said future owners hereinafter referred to as "Successors"). Notwithstanding the foregoing, however, this Agreement shall not be binding upon, and shall not constitute any encumbrance to title as to, any end -buyer of a fully developed and improved lot within the Property. For purposes of this Agreement: (A) the term "end -buyer" means any owner, tenant, user, or occupant; and (B) the term "fully developed and improved lot" means any lot, regardless of the use, for which a final plat has been recorded. Owner shall maintain a written list of its Successors who took title directly from Owner (includingthe notice information required by this Agreement) and, upon written request P q st from any Party or Successor shall make a copy of such list (including the notice information) available to the requesting person or entity. (b) Releases. From time to time upon written request of Owner or any Successors, the City staff shall execute, in recordable form, a release of this Agreement with respect to an end -buyer of a fully developed and improved lot (as such terms are defined above in this section). The release forms shall be prepared by Owner or Successor and subject to the approval of the City Attorney. Page 3 015523.00011:992770.08 5.5 No Third Party Beneficiaries. This Agreement only inures to the benefit person of, and may only be enforced by, the Parties. No other p n or entity shall have any right, title, or interest under this Agreement or otherwise be deemed to be a third -party beneficiaryof this Agreement. nt. 5.6 Entire Agreement; Amendment: Severability. (a) This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements and understandings, whether oral or written, concerning the subject matter of this Agreement. (b) This Agreement shall not be modified or amended except in writing signed by the Parties. A copy of each amendment to thisp y Agreement, when fully executed and recorded, shall be provided by the City and/or Owner to each Successor (based on the records maintained by Owner and Successor pursuant to this Agreement); however, the failure of the City and/or Owner to do di )? so shall not affect the validity of any amendment. (c) If any provision of this Agreement is determined by a court to be unenforceable, the unenforceable provision shall be deleted from this Agreement, the unenforceable provision shall, to the extent possible, be rewritten rc to be enforceable and to give effect to the intent of the Parties, and the remainder of this Agreement shall remain in full force and effect and shall be interpreted to give effect to the intent of the Parties. Without limiting the generality of the foregoing: (a) if it is determined that, as of the Effective Date, Owner does not own a portion of the Property, this Agreement shall Property remain in full force and effect with respect to all of the gr that Owner does own; or (b) if it is determined that, as of the Effective Date, a portion of the Property is not within the City's ETJ, this Agreement shall remain in full force andp Y effect with respect to all of the Property that is within the City's ETJ; or (c) if a court shall hold that the term of this Agreement is unenforceable or in violation of Section 212.172 of the Texas Local Government Code, this Agreement shall remain in full force and effect for the longest IV above. allowed by law, not to exceed the limitations on term set forth in Articleg 5.7 Federal Preemption. The Parties recognize that the Federal Railroad SafetyAct of ("RFSA"), codified in 49 U.S.C.A. § 20106 expressly pre-empts 1970 p y state and local regulations in conflict with all Federal Rules and Regulations regarding the operation and safetyof rail including the preexisting railroad and related appurtenances railroads, on the Property. 5.8 Remedies. The Parties agree that this Agreement is enforceable. If a PartySuccessor fails to comply with this Agreement, all other Parties shall be entitled or to immediate injunctive relief and mandamus, to specific performance, and, to the maximum extentermitted byla actual damages (but excluding special or consequential damages). p �'�'� to q g ). The remedies set forth in this section are the sole and exclusive remedies of the Parties for a Party's failure to comply with this Agreement. p y 5.9 Notices. Any notice or other communication required by this Agreement to be given, provided, or delivered to a Party shall be in writingaddressed togr g n. the Parties as set forth below. Notices shall be considered "given" for purposes of this Agreement: (a) if byCertified Mail, ,five Page 4 015523.00011:992770.08 business days after deposited with the U.S. Postal Service, Certified Mail, Re Requested; (b) if by private deliveryservice e. FedEx turn Receipt ( g , or UPS), on the date delivered to the notice address as evidenced by a receipt signed by any person at the notice addressc (including, () if by FAX, when sent, or (d) if by any other means ( g, but not limited to, e-mail if an email address is provided below), when actually received by the Party at the notice address. The City of Round Rock Jim Nuse City Manager 221 E. Main Street Round Rock, TX 78664 With a copy to: Stephan L. Sheets City Attorney 309 E. Main Street Round Rock, TX 78664 Texas Crushed Stone W. B. Snead, President P.Q. Box 1000 Georgetown, TX 78627-1000 Georgetown Railroad Company, Inc. W. B. Snead, Chairman of the Board P.O. Box 529 Georgetown, TX 78627-0529 With a copy to: Hughes & Luce, LLP Attn: Misty Ventura 1717 Main Street, Suite 2800 Dallas, Texas 75201 FAX: (214) 939-5849 E-mail: misty.ventura@hughesluce.com Each Party has the right to change, from time to time, its notice addresses bygivingat days written notice to the other Parties. If anytimeperiod providedthis least 10 in this Agreement ends on a Saturday, Sunday, or legal holiday, the period shall be extended to the first business following such Saturday, Sunday or legal Y al holida . day 5.10 Time. Time is of the essence in the performance by the Parties of their respective obligations under this Agreement. p tive 5.11 Applicable Law and Venue. This Agreement shall be interpreted in accordance with laws of the State of Texas. Venue shall be in Williamson County, Texas.the Page 5 015523.00011:992770.08 5.12 Non -Waiver. If a Party fails to insist on strict performance of anyprovision of Agreement, such failure shall not be deemed a waiver by such Party of its this right to insist on strict performance of such provision in the future or strict performance of any otherp rovision of this Agreement. 5.13 Further Documents. Each Party shall, upon request of the other Part execute and deliver such further documents and perform such further acts as mayb' reasonably be requested to effectuate the terms of this Agreement and achieve the intent of the Parties. To the maximum extent possible under applicable law, the obligation of the City to execute such further documents shall be interpreted to be administrative and ministerial in nature and shall not be interpreted to involve the exercise of governmental discretion or constitute the performance of governmental functions. 5.14 Conflict. In the event of any conflict between this Agreement and any Cityordinances resolutions, or policies, this Agreement shall control. ' 5.15 Binding Effect. This Agreement is a covenant running with the land and shall be binding on all subsequent owners of all or any portion of the Property. 5.16 Tunnels Under FM 1431. The City has no objection to Owner or its Successors excavating, using and maintaining a tunnel or tunnels underneath FM 1431 connectingthe portions of the Property divided by FM 1431. 5.17 Traffic Signal. The Parties shall contact the Texas Department of Transportation to advocate for a traffic signal at the intersection of the present location of the p Texas Crushed Stone truck gate entrance and FM 1431. 5.18 Exhibits. The following exhibits are attached to this Agreement and are incorporated as part of this Agreement for all purposes as if set forth in full in the bodyof this s Agreement. Exhibit A Exhibit B Exhibit C The Property Metes and Bounds Description The Property Depiction Special Regulations Executed by Owner and the City to be effective on the Effective Date. Page 6 015523.00011:992770.08 A EST: Name: C tine Martinez Title: City Secretary AP CITY OF RO4ND ROCK, TEXAS By: Name: - "4z. ,4) , . Ate (,,J Title: Mayor pro Te Date:[2—I1{-olio VED AS T • FORM AND LEGALITY Name: Stephan L. Sheets Title: City Attorney STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on the 111 day of t--. 2006 by Nyle Maxwell, Mayor of the City of Round Rock, Texas, on behalf of said city. \/(G/2) /404/2-1 ( Notary P lic, State of Texas TEXAS CRUSHED STONE a Texas Corporation By: 'U Name: Title: Date: Page 7 William Snead President 2& 015523.00011:992770.08 STATE OF TEXAS COUNTY OF -,x. ,.\ 1.v,; - ,. This instrument was acknowledged before me on the \q day of .. c-; 2006 by William Snead, President of Texas Crushed Stone, a Texas corporation, on behalf of said corporation. • 2+_ DARREIl W. FRITSCH MY COMMISSION EXPIRES Mad 11, 2007 STATE OF TEXAS COUNTY OF Notary Public, State of Texas GEORGETOWN RAILROAD COMPANY, INC. a Texas Corporation By: / Printed Name: C._.., , A Title: r r /a <<11 0 i /17�A This instrument was acknowledged before me on the\?ay of jw2006 by W,\,\,c,,K, of Georgetown Railroad Company, Inc., a Texas corporation, on behalf of said corporation. v, P DARRELL W. FRITSCH 1. MY COMMISSION EXPIRES March 11, 2007 Page 8 Notary Public, State of Texas 015523.00011:992770.08 EXHIBIT A THE FIELD NOTES DESCRIBING TRACT I ARE FOR GENERAL REFERENCE ONLY. THEY REPRESENT THEORETICAL CLOSURE OF PARTIAL SURVEYS. THEY DO NOT REPRESENT ACTUAL GROUND SURVEYS TRACT I BEGINNING at an iron pin for the most easterly northeast corner of the tract of land herein described, said corner also being the most easterly northeast corner of the above said 1,474.684 acre tract conveyed to Westinghouse Electric Corporation, in the south line of the John Powell League (Abstract 491), in the north line of the Ephraim Evans League (Abstract 212), and in the west right-of-way line of the Georgetown Railroad; THENCE along the east line of the tract herein described, said east line also being thewest right-of-way line of the Georgetown Railroad South 7 00'06�� West a distance of 422.97 feet to an iron pin, said iron pin also being the northeast corner of that 13.00 acre tract of land conveyed to the City of Round Rock and recorded in the Williamson County Deed Records in Volume 853, page 56; THENCE along thenorth line of the above said City of Round Rock tract South 72°14'37�� West a distance of 1,016.96 feet to an iron pin for the northwest corner of the above said City of Round Rock tract; THENCE along the west line of the above said City of Round Rock tract South 17° 47' 23" East a distance of 652.19 feet to an iron pin for the southwest corner of the above said City of Round Rock tract; THENCE along thesouth line of the above City of Round Rock track North 72°14'24�� East a distance of 719.90 feet to an iron pin for the southeast corner of the above said City of Round Rock tract, said southeast corner also being in the west right-of-way line of the Georgetown Railroad; THENCE along the east line of the tract herein described, said east line also being the west right-of-way line of the Georgetown Railroad, the following courses: (1) South 4°18' 56" West a distance of 65.18 feet to an iron pin; (2) North 67° 51' 47" East a distance of 11.14 feet to an iron pin; (3) South 6° 23' 45" West a distance of 955.07 feet to an iron pin; (4) 1504.16 feet along a curve to the left having a chord of 1503.15 feet bearing South 3° 09' 58" West and a radius of 11,489.59 feet to an iron pin; (5) South 0° 51' 01" East a distance of 407.61 feet to an iron pin; (6) South 0° 51' 14" East a distance of 2,695.35 feet to an iron pin for the southeast corner of the tract herein described; THENCE along the south line of the tract herein described the following ollowing (1) South 87° 57' 18" West a distance of 124.22 feet to an iron on (2) 224.69 feet along a curve to the left having a chord of 224.68 feet bearing South 86° 46' 27" West and a radius of 5,869.58 feet, to an iron pin; (3) South 76° 48' 34" West a distance of 310.48 feet to an iron on (4) 613.26 feet along a curve to the left having a chord of 612.99 feet bearing South 79° 41' 43" West and a radius of 5,829.58 feet, to an iron pin; (5) South 76° 44' 56" West a distance of 7,502.43 feet to a nail in rock; 30d (6) 652.77 feet along a curve to the left having a chord of 652.44 feet bearing South 73° 32' 09" West and a radius of 5,829.58 feet, to an iron pin; (7) South 70° 15' 54" West a distance of 492.06 feet to an iron pin for the southwest corner of the tract herein described; THENCE along the average line of a fence for the west line of the herein described the following courses; tract (1) North 21° 02' 58" West a distance of 3,679.56 feet to an iron pin; (2) North 69° 49' 35" East a distance of 1,000.42 feet to a cedar post in concrete; (3) North 20° 28' 58" West a distance of 1,211.02 feet to an iron pin for the northwest corner of the tract herein described; THENCE along the north line of the tract herein described the following ing (1) North 69° 03' iron pin; (2) North 68° 59' cedar post; 17" East a distance of 5958.94 feet to an 48" East a distance of 1,079.76 feet to a (3) North 51° 30' 13" East a distance of 43.49 feet to a cedar post; (4) North 69° 15' 35" East a distance of 2,235.63 feet to an iron pin; (5) North 80° 08' 33" East a distance of 47.20 feet to an iron pin; (6) North 69° 29' 12" East a distance of 341.55 feet to an iron post; (7) North 69° 17' 27" East a distance of 1,033.48 feet to a cedar post; (8) North 68° 38' 13" East a distance of 741.68 feet to the Point of Beginning and containing 1341.65 acres, more or less save and except 15.89 acres transferred to the City of Round Rock through Industrial District Agreements. THE FIELD NOTES DESCRIBING TRACT II ARE FOR GENERAL REFERENCE THEY REPRESENT THEORETICAL CLOSURE OF PARTIAL SURVEYS. ONLY. THEY DO NOT REPRESENT ACTUAL GROUND SURVEYS TRACT II Field notes describing 35.23 acres of land in the Ephraim Evans League (Abstract 212) and the John Powell League (Abstract 491) in Williamson County, Texas: said tract being a portion of the 153.014 acre tract conveyed by deed dated June 24,1971 from Ra and wife, Gladys D. Pearson to Westinghouse Electric Corporationprsnd recorded in Williamson County Deed Records in Volume 537, ageand being more particularly described as follows: page 3. and BEGINNING at an iron pin for the northwest corner of tract herein described, said corner also being the northwest corner of the above said 153.014 acre tract conveyed to Westinghouse Electric Corporation, the southwest corner of that tract of land conveyed to Georgetown Railroad Company as recorded in Volume 475,g County Deed Records, and also being in the east the Williamson the Georgetown Railroad; g of -way line of THENCE along the north line of the tract herein described North 87° 21' 23" East, a distance of 965.37 -feet to a one inch pipe in concrete for the northeast corner of the tract herein described; THENCE along the east line of the tract herein described, said east line also being the west right-of-way line of Interstate Hi hwa 35, the following courses; g y (1) 56.85 feet along a curve to the right having a chord of 56.84 feed bearing South 34° 18'25" West and a radius of 1,095.9 feet to a Texas Highway Department monument; (2) 1,023.42 feet along a curve to the left having a chord of 949.02 feet bearing South 2° 04' 58" East and a radius of 766.2 feet to a Texas Highway Department monument; (3) 365.13 feet along a curve to the right having a chord of 363.44 feet bearing South 30° 49' 05" East and a radius of 1,095.9 feet to an iron pin in concrete for the southeast corner of the tract herein described; THENCE along the south line of the tract herein described South 72° 11' 19" West, a distance of 1,424.52 feet to a concrete monument for the southwest corner of the tract herein described, said corner also being in the east right-of-way line of the Georgetown Railroad; THENCE along the west line of the tract herein described, said west line also being the east right-of-way line of the Georgetown Railroad, North 6° 37' 05" East a distance of 1,144.23 feet to a 30D nail in a 10" creosote post. THENCE along the west line of the tract herein described, said west line also being the east right-of-way line of the Georgetown Railroad, North 7° 14' 14" East a distance of 566.59 feet to the Point of Beginning and containing 35.23 acres of land, more or less. THE FIELD NOTES DESCRIBING TRACT III ARE FOR GENERAL REFERENCE THEY REPRESENT THEORETICAL CLOSURE OF PARTIAL SURVEYS. ONLY. THEY DO NOT REPRESENT ACTUAL GROUND SURVEYS Tract III Being 250.22 acres of land in the Ephraim Evans League Surveyin Williamson County, Texas; said tract beinga tract that was conveyed by deed dated June 30,1982 of the 875.68 acre Electric Corporation to Georgetown Railroad Company from Westinghouseordd Williamson County Deed records in Volume 880 pageg633 d e beingd in the particularly described as follows: and more BEGINNING at an iron pin at the southwest corner of said 875.68 acre tract North 20°53'2�� West a distance of 938.44 Feet to the Point of Beginning. THENCE along the northern boundary of the proposed Wyoming Springs ROW said ROW being the southern and eastern boundar of the tract herein described the following courses: y (1) 1306.53 feet along a curve to the right having a chord of 1225.38 feet bearing North 33° 47' 49" East and a radius of 1060.00 feet.. (2) North 69° 06' 27" East a distance of 2328.13 feet (3) 1349.71 feet along a curve to the left having a chord of 1236.72 feet bearing North 27° 58' 23" East and a radius of 940.00 feet. (4) North 13° 09' 41" West a distance of 1484.15 feet to the northeast corner of tract herein described. Said corner being in the Southern ROW of Highway 1431. THENCE along the ROW of Highway 1431 for the north line of the tract herein described the following courses: (1) South 76° 50' 19" West a distance of 3193.88 feet (2) South 73° 37' 32" West a distance of 641.12 feet (3) South 70° 21' 17" west a distance of 481.93 feet to the northwest corner of the tract herein described. THENCE along the average line of a fence for the west line of the tract herein described the following courses: (1) South 20° 54' 38" East a distance of 1718.97 feet (2) South 67° 51' 08" West a distance of 173.70 feet (3) South 20° 53' 02" East a distance of 1760.29 feet to the Point of Beginning and containing 250.22 acres of land, more or less. THE FIELD NOTES DESCRIBING GRR ROW ARE FOR GENERAL REFERENCE THEY REPRESENT THEORETICAL, CLOSURE OF PARTIAL SURVEYS. ONLY. THEY DO NOT REPRESENT ACTUAL GROUND SURVEYS Field notes describing 15.33 acres of land in the E h 212) and the D. Curry League (Abstract 130) in Williamraim Evans League {Abstract tract being a portion of the conveyance by deed datedson County, Texas; said Missouri Pacific Railroad Company to Georgetown RailroadctCompampa 9, 58ndm recorded in the Williamson County Deed Records in Volumeny, Inc.c. and portion of the 1.22 acre tract that was conveyed bydeed 429, Page 179 and a from Raymond Pearson and wife, Gladys D. Pearson to Georgdated November 13, 1968 and recorded in the Williamson County Deed Records in Vo etown Railroad Company being more particularly described as follows: ume 512, Page 287 and BEGINNING at an iron pin for the southeast corner of the said corner also being the southwest corner of Tract IIA tract herein described, of a 260.39 acreconveyed by deed dated June 30, 1982 from Westinghouse Electric Corporation tracto Georgetown Railroad Company, Inc. and recorded in the Williamson CCopnrytiee To Records in Volume 880 Page 630, and 30 feet at right an llamson County Deed track of the Georgetown Railroad Company; g gins from the center of the THENCE along the south line of the tract herein describ a distance of 60.10 feet to a point for theed, South 85° 53' 09" West described; southwest corner of the tract herein THENCE along the west line of the tract herein described west right -of -way line of the Georgetown Railroad Com an said line also being the p Y, the following courses; (1) North 0° 51' 14" West, a distance of 6,857.73 feet to- a point, (2) 1,504.16 feet along a curve to the right having a ch bearing North 3° 09' 58" East and a radius of 11,489.58 chord toof poi t; feet feet to a point; (3) North 6° 23' 45" East a distance of 955.07 feet to a point; (4) South 67° 51' 47" West a distance of 11.14 feet to a point; (5) North 6° 23' 45" West a distance of 1204.81 to a point for corner of the tract herein described and 40 feet at right anle thefrr northwest of the main track of the Georgetown Railroad Compan g es om the center Y� THENCE North 68° 35' 33" East a distance of 101.75 feet a the Ephraim Evans League (Abstract 212 to a long the north line of tract herein described and 50 feet at right angles for the northeast corner of the to the center of the main track of the Georgetown Railroad Company; THENCE along the east line of the tract herein described, s east right -of -way line of the Georgetown Railroad Company,ad line also being the the following courses; (1) South 6° 23' 45" West a distance of 1203.63 feet to a point; (2) South 67° 51' 47" West a distance of 23.05 feet and 30 feet the center of the main track of the Georgetown Railroad C ato right angles to Company to a point; (3) South 6° 23' 45" West a distance of 987.65 feet to a point; (4) 1,496.36 feet along a curve to the left having a chord of 1,495.29 bearing South 3° 09' 58" West and a radius of 11,429.15 feet to a point; feet (5) South 0° 51' 14" East 6854.32 feet to the Point of Beginning 15.33 acres, more or less. Save and except a 0.045 acre and containing 4, a 0.386 Acre strip being the 60' GRR ROW crossin thes21p' referenced as Tract g 8 0' ROW of highway 14 31 and a 0.021 acre strip being the 15' waterline easement cro For a total of 14.88 Acres, more or less, ssing the 60' GRR ROW, Exhibit B The Property Depiction Georgetown Railroad Right -of -Way 15.33 acres Note: the Georgegetown Railroad ROW Tract excludes the following: 1) the intersection of the ROWs of FM 1431 and the Georgetown Railroad 2) a 20 -ft wide strip of the Georgetown Railroad to connect the City Water Treatment Plant to the extisting city limits (not indicated on map) Exhibit C Special Regulations 1. If an application for a plat conforms to all of the applicable provisions of the SubdivisionRegulations, the Planning and Zoning Commission shall approve it. Conformance with the City's General Plan (including, but not Iimited to, any land use and thoroughfare components of such plan) or anyother land use plan or policy of the City shall not be a reason for denial of a plat application. The phasing shown on a plat shall not be a for denial of a plat application, as longas thea 1" reason platapplication otherwise conforms to all of the applicable provisions of the Subdivision Regulations. As used in this preliminary paragraph, the term "plat" means a concept plan, a P ry plat,final plat, or an amending plat. 2. Predevelopment conferences are not required. 3. For purposes of determining the "parent tract" as that term is defined in the Regulations, the Propertyshall be considered Subdivision the parent tract. 4. Submittal of an annexation petition to the City shall not be arere ui " t preliminaryP q site to fling a complete application for a concept plan, plat, final plat, or an amending plat. 5. A final plat shall substantially conform to the preliminary lat that P precededit. 6. A preliminary plat may consist of all or a portion of the Property. shownA final plat may consist of all or a portion of the property on an approved preliminary plat. 7. The tree protection and preservation provisions of Section 3.1100 of the City apply. Without limitingthe generalityof the foregoing Code do not Pp y' and notwithstanding anythingin the Subdivision Regulations to the contrary, there are no treepreservation requirements applicable to the Property,and a tree surveyor mitigation shall not be required as a condition to the submittal of any development application, including but not limited ted to anapplication for approval of a building permit, concept plan, preliminary plat, final plat, or amending plat. Exhibit B - Page 2 015523.00011:992770.08 R -06-12-14-4A1 Texas Crushed Stone ETJ Development Agreement Texas Crushed Stone and Georgetown Railroad Company, Inc. and the City of Round Rock AFTER RECORDING, PLEASE RETURN TO: CITY OF ROUND ROCK --'` CITY SECRETARY 221 E. MAIN STREET ROUND ROCK, TX 78664 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2006112028 12/22/2006 04:14 PM PHOLTZ $84.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS