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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 \`\a►►►nuuin����,, Printed Na GCHQ PN M: SPIN ''% �. My Commission Expires: ��'•: ��►� gee,'•• s Grp n 40 PA FOF fill ��i� •, •.,,EXP►��;o1?�`��� {w07025o&2} 4 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 `1 iffn • �innnu ui.�� 592 50' _ 774.50' %Iolc+nn I—Ir%mor�l%no IA It' A n 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 / R1 657 r 1 1 R053317 t r r e � t I / r 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 W'00,00mld"w 11 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 o �I Of �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 fac to i,,,l r,, ,, nation a, I v I ci i i I , to ati - s. ti if�ftlt3tR�1� �.. 'g.vgA g.\ . i2'. aw a Y: ,tea•:.<" ;;. OAF lord LO t2 �a .... .... \ A�, . IfJtlfi}12; :�: �'�, .-\1111t1f��� 2- 2—•yr 1t'1�j;1t �z ��iJi flEftt•t t1HtfEF t.' 2016091477 Page 8 of 11 R432963 ^^ F r� 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 t 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 $In Pr c�oress Totai: SIn ProGresi; Instrument *: 982407B Map ;Name: 3-3h8'7 9 z ss7 ........... a.. � amp \J Qt SFT�7 (d �� Rik Rya Nelson ¢`� ����$g g� gg Q`^� WC ��''`�j hr �> S ut t sh39v lwrtxs�s [a]q' an x:. •IJ: L`(�ICL.�ht .Jr oy f u. pfCY 1b d5 •a-wewlwJ:•ar:ty r. S Ye son ! R meplaO,ib' W�.� AD aty tr::n` P dO..Ui.iCt NJW sWI.10 lhV. W-th rIC}N�%56 i.1 Yv .,ckrKM1dhc�NRC: `XSY-,w_zl sk teni 0.ba P.W-d hyff::ct 2t,, :Yfif>> knsfasx+r of L5tt Tapp. ar,.! fa rnKlofwq rh,• 7rt, <f:Jr lhh:rv:Pa an r wr xrc 6ynemc J. �rt o ca artc sZ9le e! to ;neK+arcc, w..cea5cin J. 3 convtaf. do'11m n Kl:•)• Vl.7kd:R %� �aJn) fit � t U�e� d os to, Lr 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