R-07-05-10-8D1 - 5/10/2007 RESOLUTION NO. R-07-05-10-8D1
WHEREAS, the City of Round Rock has previously entered into an
Annexation Agreement ("Agreement") with A.E. Martin for the purposes
of providing for an adequate network of wastewater service to serve
certain development projects, and
WHEREAS, the City Council now wishes to enter into an
Amendment to the Agreement, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City, an Amendment to Annexation Agreement with A.E.
Martin, a copy 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 10th day of May, 2007.
LL, Mayor
ity of Round Rock, Texas
A T:
( �Anj . -M, -k) k J&2&ZVJ31__
CHRISTINE R. MARTINEZ, City Secr tary
0:\wdox\RBSOLUTI\R70510D1.WPD/xmc
AMENDMENT TO ANNEXATION AGREEMENT
THIS AMENDMENT TO AN ANNEXATION AGREEMENT ("Agreement') entered
into the 8`h day of April, 2004 by and between MRS. A.E. MARTIN, ("Developer") and the
CITY OF ROUND ROCK, a Texas municipality of the Counties of Travis and Williamson, State
of Texas ("City"), filed and recorded in the Deed Records of Williamson County, Texas, under
number 2004037282, to provide an adequate network of wastewater service to serve certain
development projects. Except for the amendments noted herein, the original Agreement remains
in full force and effect.
WHEREAS, the Developer desires to transact with a third party to convey a portion of
the Property to the Agreement for development; and
WHEREAS, the Developer and the City both desire to amend the Agreement in order to
facilitate development in the Property and clarify certain language used in the Agreement;
NOW THEREFORE,the parties do mutually agree as follows:
Section 1, Paragraph D of the Agreement is hereby amended to read as follows:
D. Time for Payment. Fees for Tracts A, B, and C as shown on Exhibit "C" shall be
paid with the filing of the petition to annex any Tract or Tracts. The fee for
Tract D as shown on Exhibit "C" shall be payable in full upon the sale of all
or any portion of Tract D.
IN WITNESS HEREOF, the parties have executed this Amendment to Annexation
Agreement in two (2) counterparts, each of which will be deemed an original on this the
day of , 2007.
CITY OF ROUND ROCK, TEXAS
By:
Nyle Maxwell,Mayor
DEVELOPER
By:
Printed Name:
Title:
EXHIBIT
114436/0114.0767/ps
nAn
THE STATE OF TEXAS §
COUNTY OF TRAVIS §
§ ACKNOWLEDGMENT
BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on
this day personally appeared , know to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that she has
authority to act on behalf of , a Texas corporation authorized to do business
in Williamson County, and that she executed same for the purposes and consideration therein
expressed and in the capacity therein stated.
2007. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of
Notary Public in and for the State of Texas
Notary's Printed Name
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON § CITY OF ROUND ROCK
§ ACKNOWLEDGMENT
BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on
this day personally appeared Nyle Maxwell, know to me to be the person and officer whose
name is subscribed to the foregoing instrument and acknowledged to me that same was the act of
the City of Round Rock, and that he executed same for the purposes and consideration therein
expressed and in the capacity therein stated.
2007.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of
,
Notary Public in and for the State of Texas
Notary's Printed Name
2
DATE: May 2, 2007
SUBJECT: City Council Meeting - May 10, 2007
ITEM: 8.D.1. Consider a resolution to amend the Annexation Agreement
between the City and Mrs. A.E. Martin to change the time for
payment of the Developer Participation Fees.
Department: Planning and Community Development
Staff P rson: Jim Stendebach, Planning and Community Development Director
Justification:
An application for a PUD for the construction of 144 units of Senior Housing on 8 acres of
land has been received. This application is tied to tax credit funding, which requires that
Zoning be in place prior to approval of funding. The current annexation agreement requires
payment of the annexation fee with the application for zoning. The amendment will delay
payment to closing the sale of the 8 acres. The seller of the 8 acres would then be able to
pay the balance of the annexation fee from closing proceeds.
Funding:
Cost: The City will continue to carry the cost of financing the $93,600
balance until closing.
Source of funds: N/A
Outside Resources: N/A
Background Information:
The current terms of the annexation agreement would prohibit us from bringing the PUD
zoning to Council prior to collection of the balance of the annexation fees for Tract "D".
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
AMENDMENT TO ANNEXATION AGREEMENT
THIS AMENDMENT TO AN ANNEXATION AGREEMENT ("Agreement") entered
into the 80' day of April, 2004 by and between MRS. A.E. MARTIN, ("Developer") and the
CITY OF ROUND ROCK, a Texas municipality of the Counties of Travis and Williamson, State
of Texas ("City"), filed and recorded in the Deed Records of Williamson County, Texas, under
number 2004037282, to provide an adequate network of wastewater service to serve certain
development projects. Except for the amendments noted herein, the original Agreement remains
in full force and effect.
WHEREAS, the Developer desires to transact with a third party to convey a portion of
the Property to the Agreement for development; and
WHEREAS, the Developer and the City both desire to amend the Agreement in order to
facilitate development in the Property and clarify certain language used in the Agreement;
NOW THEREFORE, the parties do mutually agree as follows:
Section 1, Paragraph D of the Agreement is hereby amended to read as follows:
D. Time for Payment. Fees for Tracts A. B, and C as shown on Exhibit"C" shall be
paid with the filing of the petition to annex any Tract or Tracts. $93,600.00 shall
be payable in full upon the sale of all or any portion of Tract D.
IN WITNESS HEREOF, the parties have executed this Amendment to Annexation.
Agr ent in two (2) counterparts, each of which will be deemed an original on this the
day of , 2007.
CITY OF K
By: _
Mayor
DEVELOPER
By: a e
PrintedName:
Title:_ Ow
114436/0114.0767/ps
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON § ACKNOWLEDGMENT
BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on
this day personally appeared R,9, mc, -ni.. , know to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that she has
authority to act on behalf of 14 •C%Mow h P', ' a Texas corporation authorized to do business
in Williamson County, and that she executed same for the purposes and consideration therein
expressed and in the capacity therein stated.
2007.
GIVEN UNDER MY HAND AND SEAL OF OFFICE,this the__a_day of _,
.�,� LISA MORAVITS
I l*% Notary Public,State of Texas L:
�a My Comm-9sion Expires Notary Public in and for the State of Texas
�; My 29,2007
_
VSti Mt r-1y1,�3
Notary's Printed Name
THE STATE OF TEXAS §
§ CTTY OF ROUND ROCK
COUNTY OF WILLIAMSON § ACKNOWLEDGMENT
BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on
this day personally appeared Nyle Maxwell, know to me to be the person and officer whose
name is subscribed to the foregoing instrument and acknowledged to me that same was the act of
the City of Round Rock, and that he executed same for the purposes and consideration therein
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the_L�_day of _
2007.
N Public in and for the State of Texas
d✓1�c L__
Notary's Printed Name
2