Contract - Nelson Homestead Family Partnership LTD - 9/22/2016STATE OF TEXAS § ANNEXATION DEVELOPMENT
§ AGREEMENT WITH NELSON
COUNTY OF WILLIAMSON § HOMESTEAD FAMILY
PARTNERSHIP, LTD.
THIS ANNEXATION DEVELOPMENT AGREEMENT (this "Agreement") is between THE CITY
OF ROUND ROCK, TEXAS (the "Qty") and NELSON HOMESTEAD FAMILY PARTNERSHIP,
LTD., a Texas limited partnership ("Owner", whether one or more).
WHEREAS, Owner is owner of that certain 1710.27 acre tract of land as described in Exhibits
A, B, C, and D, 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
"Ag 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.
1W07025o8.21
3. Owner agrees that the City's AG- Agricultural zoning requirements apply to the Property,
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.
1W07025o8.21 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
Nelson Homestead 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 , 2o16.
{Wo702508.2} 3
CITY:
CITY OF RUND ROCK, TEXAS
� ff /1" .
,,�
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
9M,� . M
SARA L. WHITE, City Clerk
THE STATE OF TEXAS
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on the 2' day of
2oi6, by Alan McGraw, as Mayor and on behalf of the
City of Round Rock, Texas.
Notary Pub c, tat of Texas
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OWNER:
NELSON HOMESTEAD FAMILY PARTNERSHIP,
LTD., a Texas limited partnership
By: Nelson Homestead Management, L.L.C., a
Texas limited liability company, its general
partner Advl�By: < .
Joh . Nelson, Manager
THE STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the X02 day of
�6w4-fw)vw , 2oi6, 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.
GLORIA A VELASQUEZ
3n ' L = NOTARY PUBLIC -STATE OF TEXAS
COMM. EXP. 01-03-2020
NOTARY ID 12884109-3
fW0702508.21
Notary Public, State of TakjasL.0
Printed Name: &100A, Ve (a5 0 u 2 Z
My Commission Expires: c I' O 3 - ao
EXHIBIT A
{W07025o&21 Exhibit A — Page i of 1
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Owner Information
NELSON HOMESTEAD FAMILY PARTNERSHIP LTD
3404 GLENVIEW AVEAUSTIN,TX 78703-1449
Parcel Number: R053317
Site Information
4401/4801/4811 FM 1460, ROUND ROCK, TX 7E 66!
Assessment Information
Abstract: AW0255 - Glasscock, T. Sur.
v Entities: CAD,GWI,301,RFM,SRR,W09,F09
Deed Date: 1997-12-31
-742.60, _ SQ Feet:
Land: $In Progress
Improvement: $In Progress
Total: $In Progress
Instrument #: 9824078
Map Name: 3-3537 /
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R053317
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0 200 400
Feet
map is for illustrative purposes only and does not represent a survey. It is prmided'as is'vnthoutsvarranty or
anv representation of accuram timeliness or completeness. The user acknoWedoes and amepts all inherent
v Au .r v �✓ r �w vv • • vi v Gnitations of the maps and data, including the fact that the maps and data are dynamic and in a constant state of
Date Printed' August 26, 207 maintenance, correction and revision. No liability is assumed by Wiliamson County Appraisal District as to the
accuracy of the data delineated hereon.
1W07025o8.21 Exhibit B — Page 2 of 2
EXHIBIT C
{Wo7025o8.2} Exhibit C — Page 1 of 1
EXHIBIT D
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1.04
1262
Acres
fW07025o8.21 Exhibit D — Page 1 of 1
ELECTRONICALLY RECORDED 2016091477
Williamson County, Texas Total Pages: 11
ST.XTE OF TEXAS § ANNFAATION DEVELOPMENT
§ YXGRFF,NTENT NVITH NELSONN
COUNITY OVVIVILLIAAISON § 110MESTFAD F-A1.11LY
PARTNER,SHIP, LTI).
THIS ANINTE XATION DE`V7FLOPME_N,:r AGREEMENT (this ". ") is between THE CITY
OF ROUND ROCK, TEXAS (the and NELSON HOMESTEA-D.Fk.1%1ILY PARTNERSHIP,
LTD., a Texas limited partnership whether one or more).
WHEREAS, Owner is owner of that certain -17-10.27 acre tract of land as described in EXIIjbits
:,_T _C, and .. D, attached hereto; and
__ .in ..........
AYHEREAS, the City has advised Owner drat t the City intends to annex the Property; ai�d
WHERF-kS, Owner and the City acluimAedge that this Agreement is intended to be binding
upon the City, Owner and their respective successors andassigns; and
WHEREAS, this Agreement is to be recorded in the Official Records of ""Tilliamson 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,
a. L
The purpose of this Agreement is to comply writh all requirern-ents of Sections 43.035 and
2.12-172 of the Texas Local Government Code pertaining to the annemition of property into the
city's city limits.
B, GENERAL TERMS AND CONDITJONS.
1a Both parties agree that, in consideration of the rautual promises stated herein, the.
Property will not be annexed by the City so long as (i) the Property, except for that potion that
is curre-ntiv used for existing single residential use arid related appurtenances, continues
to receive an agricultural exemption from the IVilliamson Couut.y Central-I.Ap-praisal District (the
"A9,Exern-ption"), 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 renio-=al 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
Cih! ivill only be entitled to annex such portions of the, Property as are actually included iAthin a
-incl �inal 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 Cit)
y
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 T),O'Poses,
I
wildlife mariagemetit, recreational enjoyment, specifically including hunting, or timber
productio-n (the The City agrees that Owner may continue. to use the
Property for the Permitted Uses, the City's regulations and authority not-withstandilig.
IW0702508.2}
2016091477 Page 2 of 11
3. Owner agrees that the C,itvy's .,NG-- Agricultural zoning requirements apply to the Proper ,
and that, except for the existing aingle-family residential use and. related appurtenances, tlte.
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 lard uses that are consistent -"ith the official City of Round
Rock Comprehensive Plan in efftact 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.
. s inner acknowledges that, if Oiz ner: or a successor owner of any portion of the Property
violates any condition of this ��.greemer�t, then; in addition to the (Jigs s other remedies, such act
will constitute a }.petition for voluntary annexation of the portion of the Property mvned by the
property m,%,ner in question, and that portion of the Property w ll hf subjJect to annexation at the
d rection of the Citi Council. O3 .• .-ner and ars.} successor cz syrrcr agree t_l_ trt such annexation scall
be voluntary and such owner here1sy consents to such annexati€yrs as though. a petition for such
annexation had: been tendered by it.
5. loth parties agree that, upon. eannexatlor 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 tlie Property in question, c onfornaing to the land use designation for the portion of the
Property as shown on the official City of bound Rock Comprehensive Plan in effect on the date
hereof and such other uses as nm y be agreed upon by the Citi; and the oiler of the portion of
the Property in question.
€3. If ONvner 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 ME not be liable for a default by eae purchaser or subsequent owner
and vice -versa. A-fter any such sale or conveyance, this .Agreement may be amended as to only a
portion of they Property by iwitten agreement of the City and the owner or ow-ners of the. portion
of the Property affected by the amendment danent and the consent of all of the, own-ers NM11 not be
required.
C. MISCELIJ%NEOUS PROVISIONS
1. Actions _Performable. The City and O3� mer agree that all actions to be performed ander
this Agreement are performable in Williamson County; Texas,
2 m ezning Latey. The City and. Owner agree that this :Agreement has been made trader 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 laisys of the State of Teras.
3. Seg, erabilit r. If a prevision hereof small be finally declared void or illegal by any court or
administrative agency hating tirisdiction, the entire Ykgreement shall not be void; ; bit the
re-maining prm isions shall continue in effect as nearly as possible in accordance the
original intent of the parties.
4. Qon�pje.te .Agreernent. 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 ., greenrent must be in writing and signed by all. parties. This Agreement rums with the land
and shall bind the Property for a terra of 45 Years, unless amended, lay the parties,
Exhibits. _All exhibits attached to this Agreement are incorporated by reference and
expressly made part of this Agreement as if copied verbatim.
2016091477 Page 3 of 11
6. Notice, All not.ces, recpaests or other communications required or permitted by this
Agreement shall -be in ivriting and shall be sent by (i) telecopy, with the original deliwred by
hand or overnight carrier, (ii) by overnight courier or hand deli-ven?,, or (iii) certified maii,
postage prepaid, return receipt requested, a-nd addressed to the parties at the folloAdng
addresses:
City- of 110 Rocic
City Manager
2.21 East Main Street
Round Rock, Texas 78664
Williamson Count-,%;
Phone: (512)-218--540-1
Owner
Nelson Homestead Family Partnership, Ltd,
3404- Glewriew.,,%A7enue
A'
LiStin. 'J'X 78703
Travis County
Phone: (5 2) 467-9686
7. e ForcMajeure. Owner and. -the Cit)
— - ----- __ .7 agree that the obligations of each party shall be
subject to force majoure events such as natural calamity, fire or strike or inclement ivea-ther.
8. Conveyance of Prop�eKt
y. By recordation of this _Agre�.inent in, -the Official Public Records
of Williamson County, Texas, any person -who purchases any portion of the Properh, �Adll be
ee
dmed to have been given notice of this A-greement. Any w,'such purchaser -"ill proPtI3, give
11Vrittennot-ice of the purchase to the City
9,Q.Q I a[
jjti�nuitv. This Agreement sh 'I run ,vith the Property and be binding on all successors
and grantees of Oi,%�-ner.
10. Signature Warranty Cla ' use, The signatories to this Agreement repre-sent and warrant
that the), have the authonity to exec -Lite this Agreement on behalf of the City and Owiaer,
respecth,�ely.
SIGNED as of this ___P701�da,• of 2oi6.
{W('702508.2} 3
2016091477 Page 4 of 11
CITY:
CIIIY OFrITN.LD ROCK, TEXAS
-- --------------- ---------
City of Round Roc.'k, Texas
'i:TTIT:
d
SARA L. WHITS, City Clerk
THE STATE OF TEXAS
COUNTY OF WILLUMSON §
This hnstrument was ackrowled-ed before zee on the 2:V�� day of
2016, by .glen %Mcrae-, as Mayor and on Behalf of the
Cit, of Round c)6 , Texas.
m
No
Pub c, ate fT�xaG
Mc�a
T�rrri�ti'a
tk Sp
4, My Conimisaion Expirflls:u
0 413
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�WO-1 >2508,2, 4
2016091477 Page 5 of 11
OWN FR:
NELSON HOMESTEAD FAMILY PARTNERSHIP,
LTD., a 'ITexas lianited. partnership
By: Nelson Homestead Management LI.C,. a:
Texas linuted liability company, its general
partner
By:__- �4� 4—, , Ab-'� ------------------------------
Joh .':`4elson, manager
COUNT—OF bi) §
This instrument was ackiowledge:d before me on the / day of
-------- 6e-w�-ew bw - -------------- — 2o16, by John I✓. 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.
GLORRIAAVELASQUEZ
z �r r � OT,
PGSLIC- TATE LF TEXAS
COMM, EXP. 01-03-2020
'"r+reaste NOTARY D 128e94109-3
-�,
Notary- public., State of To, s
Printed. Name: &I ovt A' VC' 6256' "e z -
My Commission Expires;
r0702508.21 5
2016091477 Page 6 of 11
EXHIBrFA
fW0702508-21 Exhibit A — Page i of i RECORDERS MEMORANDUM
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2016091477 Page 8 of 11
R432963 ^^ F
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Owner Information
UE' SON H' MMSTEAD FAMILY PARTNERSHIP
34.34 G ,'NVTeW A EAUSTI-N, Ti. 74$701- 144 9
Parcef Nw iber: RQS: !
gg a3ie Information
2 AQ -1/4601/48' FM 14,60, ROUND ROCS:, TX 7 65S
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a
Assessment Information j
Abs" ra:,: A'A'02�5 --Glasscock, T. Sur: E
�. Entities: CAD,G4'J:.1fl1,RF3 E,6 RR,WD'3,tC1 1
Deed Date: 1997.12-31
Feet:
Ladd: c:n progress
Improve;nerm $In Pr c�oress
Totai: SIn ProGresi;
Instrument *: 982407B
Map ;Name: 3-3h8'7
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N,.^.u':s.l� Nhy,` i:Jf:t C05Mkl!Ki `[n:Qilh.
RECORDERS MEMORANDUM
ffO702,508,2 Exhibit B -" Page 2 Of '? All or parts of the text on this page was not
clearly legible for satisfactory recordation
2016091477 Page 9 of 11
EXHIBIT C
RECORDERS MEMORANDUM
All or parts of the text on this page was not
M070-250& 2: Exhibit C Page .i G 1 clearly legible for satisfactory recordation
2016091477 Page 10 of 11
EXHIBF D
RECORDERS MEMORANDUM
M0702908-2} ExhFbit D Page i of i All or parts of the text on this page was not
clearly legible for satisfactory recordation
2016091477 Page 11 of 11
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2016091477
Pages- 11 Fee- $77.00
09/29/2016 03.26 PM
i'r.,l AS EtpF-7- .
Nancy E. Rister,County Clerk
Williamson County,Texas