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Contract - Joe S. Kotrla - 5/28/2015 STATE OF TEXAS § ANNEXATION DEVELOPMENT § AGREEMENT WITH COUNTY OF WILLIAMSON § JOE S. KOTRLA This is an ANNEXATION DEVELOPMENT AGREEMENT by and between THE CITY OF ROUND ROCK, TEXAS ("City") and Joe. S. Kotrla ("Owner', whether one or more) and his wife, Edith Diana Kotrla, ("Spouse"). WHEREAS, Owner is owner of that certain 9.68 acre tract of land more particularly described in Exhibit "A", attached hereto (the "Property"), and; WHEREAS, Spouse is the wife of the owner; and WHEREAS, the Property is the homestead of Owner and Spouse; 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 and Spouse desire to.enter into this Annexation Development Agreement (the "Agreement"); and WHEREAS, the Owner and Spouse and the City acknowledge that this agreement is binding upon the City and the Owner and Spouse 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 and Spouse 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 Annexation Development Agreement Page 1 of 5 Joe.S.Kotrla �.�ltj�23�✓ 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. 6. Spouse agrees that she is bound by all obligations and representations of the Owner as stated herein. 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 Annexation Development Agreement Page 2 of 5 Joe.S.Kotrla 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) certified mail, postage prepaid, return receipt requested, and addressed to the parties at the following addresses: City of Round Rock Owner/Spouse City Manager Mr.Joe S. Kotrla and Ms. Edith Diana Kotrla 221 East Main Street 4000 CR 123 Round Rock, Texas 78664 Round Rock, Texas 78664 Williamson County Williamson County Phone: (512)218-5401 Phone: (512)255-3381 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. Annexation Development Agreement Page 3 of 5 Joe.S.Kotrla SIGNED this day of 2015. CITY OF ROUND ROCK,TEXAS a�rn ALAN MCGRAW,Mayor City of Round Rock,Texas ATTEST: �,- IAO L SARA L.WHITE, City Clerk THE STATE OF TEXAS } COUNTY OF WILLIAMSON } This instrument was acknowledged before me on the BLI- day of 2015, by Alan McGraw, as Mayor and on behalf of the City of Round Rock, Texas. �;p . • _ Notary Publ c State of 1,exal L n Of Printed Name: 1)I •��\``� My Commission Expires: �- Annexation Development Agreement Page 4 of 5 Joe.S.Kotrla PROPERTY OWNER oe S. Kotrla,Trustee THE STATE OF TEXAS } COUNTY OF WILLIAMSON } This instrument was acknowledged before me on the day of 2015,by Joe S. Kotrla. r r ....'TOW PMS Notary Public, State of Texas _� o My r g 0 201 res Printed Name: o l c My Commission Expires: t$ Y PROPERTY OWNER'S SPOUSE k Or Elffi-theti la, Sp s THE STATE OF TEXAS } COUNTY OF WILLIAMSON } This instrument was acknowledged before me on the 11� day of #M 4!j 2015,by Edith Diana Kotrla. PTOM(FTP7S Notary Public, State of Texas ks MV OOmmolon Expires June 09,2018 �— Printed Name: l ate, l/c{tS My Commission Expires: �Ptf � S Annexation Development Agreement Page 5 of 5 Joe.S.Kotrla N W+G S va��ey E Subject Tract 9.68 ac. R056272 Q' x r n CR 123 111111111111111111111111 R7 GRGS 215046229 STATE OF TEXAS § ANNEXATION DEVELOPMENT § AGREEMENT WITH COUNTY OF WILLIAMSON § JOE S. KOTRLA This is an ANNEXATION DEVELOPMENT AGREEMENT by and between THE CITY OF ROUND ROCK, TEXAS ("City") and Joe. S. Kotrla ("Owner", whether one or more) and his wife, Edith Diana Kotrla, ("Spouse"). WHEREAS, Owner is owner of that certain 9.68 acre tract of land more particularly described in Exhibit"A", attached hereto (the "Property"), and; WHEREAS, Spouse is the wife of the owner; and WHEREAS,the Property is the homestead of Owner and Spouse; 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 and Spouse desire to enter into this Annexation Development Agreement(the "Agreement"); and WHEREAS, the Owner and Spouse and the City acknowledge that this agreement is binding upon the City and the Owner and Spouse 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 and Spouse 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 Annexation Development Agreement Page 1 of 5 ��� Joe.S.Kotrla, 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 hi 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. 6. Spouse agrees that she is bound by all obligations and representations of the Owner as stated herein. 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 Annexation Development Agreement Page 2 of 5 Joe.S.Kotrla the remaining provisions shall continue in effect as nearly as possiblein 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) certified mail, postage prepaid, return receipt requested, and addressed to the parties at the following addresses: City of Round Rock Owner/Spouse City Manager Mr.Joe S. Kotrla and Ms. Edith Diana Kotrla 221 East Main Street 4000 CR 123 Round Rock, Texas 78664 Round Rock, Texas 78664 Williamson County Williamson County Phone: (512)218-5401 Phone: (512)255-3381 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. Annexation Development Agreement Page 3 of 5 Joe.S.Kotrla SIGNED this 6't/ day of 2015. � , CITY OF ROUND ROCK,TEXAS yrt ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: gr440/- I I SARA L. WHITE, City Clerk THE STATE OF TEXAS } COUNTY OF WILLIAMSON } This instrument was acknowledged before me on the day of ,2015, by Alan McGraw, as Mayor and on behalf of the City of Round Rock, Texas. �.� N M• SA; 4) 4.1.4._� e(n:N Notary Publ State of z �''�,, ••F 014 Printed Name: 90-10 9-q My Commission Expires: '4s" Annexation Development Agreement Page 4 of 5 Joe.S.Kotrla • PROPERTY OWNER 1111741110 oe S. Kotrla,Trustee THE STATE OF TEXAS } COUNTY OF WILLIAMSON } This instrument was acknowledged before me on the �j fir day of M A.X 2015,by Joe S. Kotrla. r r Notary Public, State of Texas Y,P CITS P �c My c p 201 res e `4, Printed Name: I ` (*ES My Commission Expires: (#'{ ' ( l$ PROPERTY OWNER'S SPOUSE Ed `tlia(14:1a,p� THE STATE OF TEXAS } COUNTY OF WILLIAMSON } //4 This instrument was acknowledged before me on the 'O day of Alle4,1 2015, by Edith Diana Kotrla. Notary Public, State of Texas P49 TONY notes R My co 8��2018 TS., �' Printed Name: I ccEfS My Commission Expires: !p( et ('S. Annexation Development Agreement Page 5 of 5 Joe.S.Kotrla Exhibit A ti) Mall i vs cNi ms c., In • 15 2 . E ori 'y Cl) MO MI ' 1111\ di 7 m d A MIMI 7e U d ligL Red Bud LnWal 1 Development Agreement — Kotrla R-2015-2355 AFTER RECORDING, PLEASE RETURN TO: CITY OF ROUND ROCK ATTN: SARA WHITE, CITY CLERK 221 E. MAIN STREET ROUND ROCK, TEXAS 78664 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2015046229 y4��%t�x�,,j'. 1F' �Av� 1,4h T 4' Nancy E. Rister, County Clerk �`%i= "~� Williamson County, Texas Mgt. June 04, 2015 09:27 AM FEE: $45.00 BARRICK