Contract - JCN Family Partnership LTD - 9/22/2016STATE OF TEXAS § ANNEXATION DEVELOPMENT
§ AGREEMENT WITH JCN
COUNTY OF WILLIAMSON § FAMILY PARTNERSHIP, LTD.
THIS ANNEXATION DEVELOPMENT AGREEMENT (this `Agreement") is between THE CITY
OF ROUND ROCK, TEXAS (the "City") and JCN FAMILY PARTNERSHIP, L.P., a Texas limited
partnership ("Owner", whether one or more).
WHEREAS, Owner is owner of that certain 95.o8 -acre tract of land as described in Exhibit A,
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.
3. Owner agrees that the City's AG- Agricultural zoning requirements apply to the Property,
1W0705453.21
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.
1W0705453.21
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 follo Adng
addresses:
City of Round Rock
City Manager
221 East Main Street
Round Rock, Texas 78664
Williamson County
Phone: (512)218-5401
Owner
JCN Family Partnership, L.P.
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 2 day of �� 1 , 2o16.
f W0705453.21
3
CITY:
CITY OF UND ROCK, TEXAS
l/1'1
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST: ' A
&Va-
SARA L. WHITE, City Clerk
THE STATE OF TEXAS
§
COUNTY OF WILLIAMSON §
'2-1,7
This inst urs ment was
acknowledged before me on the day of
2016, by Alan McGraw, as Mayor and on behalf of the
City of Itound Rock, Texas.
(��
Notary Publ'c, tate of Tex
M►►►q,,�i,,�
..s'°i �'��
Printed Na
CPN •
My Commission Expires: a1
•z n
N�Of+�
7tF 1�
09►09112�1`��
{W0705453.2}
4
OWNER:
JCN FAMILY PARTNERSHIP, L.P.., a Texas limited
partnership
By: JCN Property Management, L.L.C., a Texas
limited liability company, itsgeneralpartner
By: C . X
Jo C. Nelson, Manager
THE STATE OF TEXAS
COUNTY OF _T fl-" '-S
This instrument was acknowledged before me on the AQ day of
krpibtA_ , 2oi6, by John C. Nelson, Manager of JCN Property
Management, L.L.C., a Texas limited liability company, general partner of JCN Family
Partnership, L.P., a Texas limited partnership on behalf of said limited liability company and
limited partnership.
GLORIA A VELASQUEZ
;o; • G� 8 NOTARY PUBLIC -STATE OF TEXAS
"a COMM. EXP. 01.03-2020
NOTARY ID 12884109-3
{W0705453.21
Notary Public, State of Texas
Printed Name: 610 Pla,
My Commission Expires: C9 /-0 3 a a
5
EXHIBIT A
M0705453.21
Exhibit A — Page 1 of 1
ST,XTE OF TEXAS
ELECTRONICALLY RECORDED 2016091478
Williamson County, Texas Total Pages: 7
THIS ANNEXATION HE`VT,1OPMENT AGREEMENT (this is ben.veen THE CITY
OF ROUND ROCK, TEXAS (the ssCM4Z$) and .JCN FAMILY PAP:FNTERS IP, L.P.., a Texas limited
partnership ("Ou- ei ", whether one or more),
WHEREAS, Owner is owner of that ce taro 95,o8 --acre tract ofland as described in Exhibit A,
attache hereto; and
W11 ER -EAS, he Citic has advised Ov mer that the Citi- intends to annex the Property and
WHEIMNS, O'"met• and flae City acknowledge that this Agreement is intended- to be binding
upon the City, Owner and their respective successors and assigns; and
W1IER-E.AS, this Agreement is to be recorded in the Official ReCords of W llianlSon County,
Texas;
NOW,71HEREFORE, for and in consideration of the promises and mutual agreements set forth
herein, the City and t ismer agree as follows
A. PURPOSE
2. The purpose of this Agreement is to comply � th all requirements of Sections 43.035 and
2122.1; 2 of the 'Texas Local Government Code pertaining to the annexation of property into the
City's city limits.
B. GENERAL TERMS S AND CONDI`I`TONS.
1. Both parties agree that, in consideration of the mutual promises stated herein, the
Property not be annexed by the Cite so long as (x) the Property, except for that portion that
is currently used for existing single-family residential use and. gelated ulxpurterianees, continues
to receive ars agricrtltttral exemption from the VVilliamson County Central ,3ppraisal District the
« kUj pgptj tf ), and (2) no action is taken by Owner or its successor or assign to file a "final"
subdivision plat ( a "T-ina 1-11as53) 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, OJA7ner has exhausted its attempts to reinstate the Ag Exemption, the City is
authorized to commence proceedings to annex those po-rit%ons of the Property that are. ether (a
affected by the removal of the 1�g Exemption, or (3) are included in the Final Plat. It 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 i6thin a.
Final Plat
2. As consideration for be Cityforegoing annexation proceedings as described above,
Owner hereby authorizes the City to crforce ,all regulations and planning authority of he Cit
e . ept for any regulations whish interfere with Owner's or its tenant's use of the Property ff r
existing single-family residential use and related appurtenances or for agricultural purposes,
wild.tHe .naanalement, recreational enjoyment, specifically including hurting, or timber
production (the "Pei miT, (ifs - "). The City agrees th it Owi% ier mai' e.o �tinue to use the
Propert-y-for the Permitted lases, the. City's regulations and authority nohthstanding.
30 Owner agrees that the City's AG- Agricultural' zoning requirements apply to the Property,
t Yip
05453,21
2016091478 Page 2 of 7
and tliat, except for the existing single -•family residential use and related appurtenances, she
Property shall only be used for AG zoning uses and the Permitted Uses until such time as tele
Property is annexed into the City. Upon. such annexation, the € ity agrees to zone the Property
(or applicable portion thereof) for land uses that are consistent NAth 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.
.. +liner acknowledges that:, if Owner or a successor o+v er of any poriion of the Property
Adulates any condition of ;his Agreernerrt, then, in addition to the City's other remedies, arch act
,gill constitute a petition for voluntary annexation of the portion of the Property mv.- ed by the
property- mvner in question., and that portion of the Property M-111 be subject to annexation at the
direction of the City Council. Owner and any successor owner agree: that such annexation shall
be voluntary ar ch. 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, , rithin 3o dads 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 flan in effect on the date
hereof and such other uses as may be agreed upon by the City and the ov'rnet of the portion of
the P opertJ in question.
6,. If Owner sells or conveys a portion of the Property,, the rights and obligations of Owner
and the rights and o'bligations of the purchaser or sabsequerrt o,nrner under this Agrreernen:t ,vi'U
be severable, .and Owner -will not he liable fora default by the: purchaser or subsequent owner
and ,rice -versa, _after airy such sale or conveyance, this Agreement nray be amended as w only
portion of the Property by written agree-inerrt of the Cit,7 and the owner or oivrr ers of the portion
of the property affected by the amendrrrent and the consent of all of the o- hers „ill not be
required..
1. Actions Performable. The City and Owner agree that all actions to be performed Murder
this Agreement are performable In Willlarn:son. County, Texas.
2. Governing Lmv. The City and Ovrner agree that this Agreement has been :Wade 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 prm4slon 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 ,� th the
original intern of the parties.
4. Qo nnlet-e A&,r ,"phis Agreement represents a complete agreement of the panties
and supersedes all prior N�Titten and oral matters related to this Agreement. Any amendment to
this Agreement roust he in - kkTiting and signed by all parties, This Agreement rums with the land
and shall bind the Property for a term Of 45 rears, 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.
'"' 0705453.2
2016091478 Page 3 of 7
6. Notice...&H notices, requests or other communications required or permitted by this
Agreement shallbe in vrriting and shall be sent by (i) telecopy, with the original delivered by
In
hand or overnight carrier, (H) by overnight- courier or hard delivery, or (iii) certified mail,
postage prepaid, return receipt requested -11., and addressed to the parties at the following
addresses:
City of Round Rocic
City. Manager
221 East Main Street
Round Rock, Texas 18664
Williamson County
y
Phone: (512)218-54-01
ewer
JCN Family Partnership, L.P.
3404 Gley -'View AVe-nue
Austin, TX7/8703
Travis County
Phone: (512) 467-9686
7- EQ
Owner aria' the City agree that the obligations of each part), shall be
subject to force majeure events such as r-atural calamity, fire or strike or incleTnent weatiaer.
8. ('ornTyance of Propertq. By recordation of this Agreement in the Official Public Records
2L,
of '"Tilliannson County, Texas, any person who purchases any portion of the Propertty -"ill be
deemed to have been gi-ven notice of this -Agreement. Any such purchaser will promptly give
written -notice of the purchase to the City.
9. QgLitinuifty. `this kgreement shall runwi"111 the Property and be binding on all successors
and grantees of Owner.
10. Signature WarrantC,
y 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_' of — ------------- 2oi6.
------- ---------- f -P -- - ---------------------------------------
iW0705453-21
3
2016091478 Page 4 of 7
CITY:
CTWOF WJND ROCK, TEXAS
LAN CGRk%,V_, Mayor
Cit, of Round. Roc. k, Texas
ATTEST.
ftftt
SARA L.. WHITE, City Clerk
THE STATE OF TEXAS
i
COUNT OF WILLIAMSO
II.-Iis Inst ui-nent was aefmowledged
---------- --- - _ -_ -,w16, kv
City cif ound Roel, Texas.
P&&<,',� mss.
o "
<
of
909 -
1-W07105453-21
before me on the � day of
Alan McGyravv-, as Mayor and on behalif of the
fi
I�.Otar, T'ubI`s:; tate of Tex
Printed Iia
----------
2016091478 Page 5 of 7
lAW- :.
Jt..N FAMJ.LY l'AKlWERSHIP, L.P.., a Texas limited
partnership
By: JC N' Property Management, L.L.C;., a Texas
limited. liability company, its general partner
By:_
-Jo C. Nelson, Manage
THE STATE OF TEXAS
COl-"N`1'Y OF
This instrument was aelmowledged before me on the J f Q --- day of
rt �t m16, by John C. Nelson, Manager oJC1� Froper.t)
Managen,e;nt, lL..L.C�., a Texas limited liability company, general partner of JC;N Family
Partunersbip, L.P., a Texas Erilted partnership on behalf of said limited liability company and
limited partnership.
GLORIA A VEe,.At�GSE..#L:.4.
COMM 4H./:P 01-01 �q'���i3.
s++eaeil` i�JT.'��fYf? ':�'i94 09-
W0705453,2}
F -
NotaFy Public, State of Texas t1
Piintt d dame: 61, VIG.--
W C;oxn assion .Expires: '/~0 ~
2016091478 Page 6 of 7
EXHIBITA
�W070,9453.2�
Exhibit A — Page i of i
2016091478 Page 7 of 7
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2016091478
Pages- 7 Fee- $41.00
09/29/2016 03.26 PM
i'r.,l AS EtpF-7- .
Nancy E. Rister,County Clerk
Williamson County,Texas