REGULAR BOARD OF ALDERMEN MEETING SALADO MUNICIPAL BUILDING 301 N. STAGECOACH RD. SALADO, TEXAS APRIL 17, 2025 - 6:30 P.M. THIS WILL BE AN IN-PERSON MEETING THAT WILL ALSO BE. AVAILABLE VIRIVALLY USING YouTube YOU CAN ACCESS THE MEETING FROM YOUR COMPUTER, TABLET OR SMARTPHONE USING THE FOLLOWING LINK: wwwyoutube.com/evilageofsatado SCAN CODE Joint the meeting5minutes! before the postedstarttime. AGENDA CALL TO ORDER APRIL 17, 2025, 6:30 P.M. CALL OF ROLL VILLAGE ADMINISTRATOR INVOCATION MAYOR BERT HENRY PLEDGE OF ALLEGIANCE I SALUTE TO THE TEXAS FLAG 1. PUBLIC COMMENTS THE BOARD OF ALDERMEN WELCOMES COMMENTS FROM CITIZENS ON ISSUES AND ITEMS OF CONCERN NOT ON THE AGENDA. THOSE WISHING TO SPEAK MUST SIGN IN BEFORE THE MEETING BEGINS AND OBSERVE A FIVE (5) MINUTE TIME LIMIT WHEN ADDRESSING THE BOARD. SPEAKERS WILL HAVE ONE (1) OPPORTUNITY TO SPEAK DURING THIS TIME PERIOD. SPEAKERS DESIRING TO SPEAK ON AN AGENDA ITEM WILL BE ALLOWED TO SPEAK WHEN THE AGENDAITEM IS CALLED. INQUIRIES ABOUT MATTERS NOT LISTED ON THE AGENDA WILL EITHER BE DIRECTED TO STAFF OR PLACED ON A FUTURE AGENDA FOR ALDERMEN CONSIDERATION. 2. CONSENT AGENDA (A) APPROVAL OF THE MINUTES OF APRIL 3, 2025, REGULAR BOARD OF ALDERMEN MEETING (B) ACCEPTANCE OF THE POLICE DEPARTMENT MONTHLY REPORT (C) ACCEPTANCE OF THE TOURISM DEPARTMENT MONTHLY REPORT (D) ACKNOWLEDGE RECEIPT OF PETITION FOR RELEASE FROM THE VILLAGE OF SALADO'S EXTRATERRITORIAL JURISDICTION RECEIVED ON MARCH 31, 2025, FROM LARRY ROSAMOND, AUTHORIZED AGENT, WHITE RIVER HOMES LLC, A GEORGIA LIMITED LIABILITY COMPANY: LEGAL DESCRIPTION: BEING A 15.019-ACRE TRACT OF LAND LOCATED IN THE E. BREWER SURVEY, ABSTRACT NO. 61, BELL COUNTY, TEXAS, SAID 15.019-ACRE TRACT BEING ALL OF THAT CALLED 15.000-ACRE TRACE RECORDED IN DOCUMENT NO. 2013-00052984, OFFICIAL PUBLIC RECORDS, BELL COUNTY, TEXAS. (E) ACKNOWLEDGE RECEIPT OF PETITION FOR RELEASE FROM THE VILLAGE OF SALADO'S EXTRATERRITORIAL JURISDICTION RECEIVED ON MARCH 31, 2025, FROM LARRY ROSAMOND AND KATHERINE ROSAMOND: LEGAL DESCRIPTION: LOTS TWO (2) AND THREE (3), OF TWELVE OAKS ESTATES, IN THE EXTRATERRITORIAL JURISDICTION OF THE VILLAGE OF SALADO, IN BELL COUNTY, TEXAS, ACCORDING TO THE PLAT OF RECORD IN CABINET D, SLIDE 173-D, PLAT RECORDS OF BELL COUNTY, TEXAS. (F) ACKNOWLEDGE RECEIPT OF PETITION FOR RELEASE FROM THE VILLAGE OF SALADO'S EXTRATERRITORIAL JURISDICTION RECEIVED ON MARCH 31, 2025, FROM LARRY ROSAMOND, AUTHORIZED AGENT, WHITE RIVER HOMES LLC, A GEORGIA LIMITED LIABILITY COMPANY, DUE TO DEFECTIVE PETITION SUBMISSION. TRACT 1: LEGAL DESCRIPTION: 8.597-ACRES SITUATED IN THE G.F. LANKFORD SURVEY, ABSTRACT NO. 510, BELL COUNTY, TEXAS, BEING A PORTION OF A TRACT OF LAND OWNED BY TAWANA BETH DUNHAM, TRUSTEE OF THE THOMPSON FAMILY TRUST; JACK ERIC THOMPSON, TRUSTEE OF THE THOMPSON FAMILY TRUST; AND LEE ANN BOTT, TRUSTEE OF THE THOMPSON FAMILY TRUST, BEING A CALLED 11.31 ACRES DESCRIBED AS FIRST TRACT AND A CALLED 0.27 ACRES TRACT DESCRIBED AS SECOND TRACT IN DOCUMENT NO. 2017-00042347, OFFICIAL PUBLIC RECORDS OF REAL PROPERTY, BELL COUNTY, TEXAS. TRACT 2: LEGAL DESCRIPTION: 0.280-ACRE, SITUATED IN THE G.F. LANKFORD SURVEY, ABSTRACT NO. 510, BELL COUNTY, TEXAS, BEING ALL OF A CALLED 0.27-ACRE TRACT OF LAND OWNED BY TAWANA BETH DUNHAM, TRUSTEE OF THE THOMPSON FAMILY TRUST; JACK ERIC THOMPSON, TRUSTEE OF THE THOMPSON FAMILY TRUST; AND LEE ANN BOTT, TRUSTEE OF THE THOMPSON FAMILY TRUST, DESCRIBED AS SECOND TRACT IN DOCUMENT NO. 2017-00042347, OFFICIAL PUBLIC RECORDS OF REAL PROPERTY, BELL COUNTY, TEXAS. 3. DISCUSS AND CONSIDER POSSIBLE ACTION REGARDING ANY ITEM REMOVED FROM THE CONSENT AGENDA 4. VILLAGE ADMINISTRATORS REPORT SALES TAX COLLECTION UPDATE UPDATE ON COMMUNITY DEVELOPMENT PROJECTS 5. DISCUSSION AND POSSIBLE ACTION (A) DISCUSSION AND POSSIBLE ACTION ON APPROVING AN ENCROACHMENT AGREEMENT BETWEEN THE VILLAGE OF SALADO, TEXAS, AND WILLIAM M. GRIFFIN, ON AN ENCROACHMENT TO A TWENTY (20) FOOT SIDE SETBACK, ON PROPERTY LOCATED AT 600 WILLOW STREET, WITHIN THE VILLAGE BOUNDARY LIMITS. (B) DISCUSSION AND POSSIBLE ACTION ON APPROVING A RIGHT OF WAY ENCROACHMENT LICENSE AGREEMENT BY AND BETWEEN THE VILLAGE OF SALADO, A TYPE A GENERAL LAW MUNICIPALITY OF THE STATE OF TEXAS, AND SANCTUARY DEVELOPMENT COMPANY, LLC, A TEXAS LIMITED LIABILITY COMPANY. (C) DISCUSSION AND POSSIBLE ACTION TO APPROVE ORDINANCE NO. 2025- 10, AN ORDINANCE OF THE VILLAGE OF SALADO, TEXAS, ABANDONING A PORTION OF PUBLIC ROAD RIGHT OF WAY AND AUTHORIZING THE VILLAGE ADMINISTRATOR TO EXECUTE A CONVEYANCE OF THE SAME; AND PROVIDING FOR THE FOLLOWING: FINDINGS OF FACT; A SAVINGS CLAUSE; SEVERABILITY; REPEALER, EFFECTIVE DATE; AND PROPER NOTICE AND MEETING. (D) DISCUSSION AND POSSIBLE ACTION AUTHORIZING THE APPLICANT, SANCTUARY DEVELOPMENT COMPANY LLC, TO POST A CASH PERFORMANCE BOND IN THE AMOUNT OF $25,523.35, FOR THE SALADO SANCTUARY NORTH TRACT PROJECT, AND AUTHORIZING THE VILLAGE ADMINISTRATOR TO EXECUTE THE PERFORMANCE AGREEMENT. (E) DISCUSSION AND POSSIBLE ACTION ON THE SALADO SANCTUARY NORTH TRACT FINAL PLAT. (F) DISCUSSION AND POSSIBLE ACTION TO APPROVE TACO BELL'S SIGN VARIANCE REQUEST LOCATED AT THE NORTHEAST CORNER OF FM 2484 AT LARK TRAIL, SUBMITTED BY LIBERTY SIGNS, INC. THE PROPOSED PROJECT IS LOCATED WITHIN THE SALADO CENTER DEVELOPMENT. (G) DISCUSSION AND POSSIBLE ACTION TO APPROVE MILL CREEK NO. 1 AMENDING PLAT, LOTS 1 AND 2, BLOCK 3, AND LOT 1, BLOCK 9. (H) DISCUSSION AND POSSIBLE ACTION ON RENEWING A CONTRACT WITH AJR MEDIA GROUP, LLC, FOR ADVERTISING IN TOURTEXAS.COM FROM MAY 1, 2025 THROUGHAPRIL 30, 2026 IN THE AMOUNT $4,476.00. () DISCUSSION AND POSSIBLE ACTION ON APPROVING TO TERMINATE AN ADVANCE FUNDING AGREEMENT FOR A TRANSPORTATION ALTERNATIVES SET-ASIDE (TASA) PROJECT OFF-SYSTEM, REGARDING TEXAS DEPARTMENT OF TRANSPORTATION PROJECT IDENTIFIED AS VILLAGE OF SALADO MILL CREEK DRIVE. (J) DISCUSSION AND POSSIBLE ACTION TO APPROVE AMENDING ORDINANCE NO. 2024-14A, AN ORDINANCE OF THE VILLAGE OF SALADO, TEXAS, AMENDING ORDINANCE NO 2024-14 WHICH SET A PROPERTY (AD VALOREM) TAX RATE; APPROVING THE AD VALOREM TAX RATE AND LEVY OF $0.4860 PER ONE HUNDRED DOLLARS ($100) OF ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE VILLAGE FOR THE 2024 TAX YEAR TO SUPPORT FUND THE FISCAL YEAR 2024-2025 OPERATING BUDGET FOR THE VILLAGE OF SALADO; PROVIDING FOR AN EXEMPTION ON RESIDENCE HOMESTEADS; REDUCING EXEMPTIONS FOR INDIMIDUALS WHO ARE DISABLED OR 65 YEARS OF AGE OR OLDER FOR FISCAL YEAR 2025-26; PROVIDING FOR PENALTIES AND INTEREST, PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALING CONFLICT; PROVIDING FOR PROPER NOTICE AND MEETING; PROVIDING FOR ENGROSSMENT AND ENROLLMENT, PROVIDING FOR NOTIFICATION TO ASSESSOR; AND PROVIDING FOR PUBLICATION AND EFFECTIVE DATE. (K) DISCUSSION AND POSSIBLE ACTION TO APPROVE ORDINANCE NO. 2025- 11, AN ORDINANCE OF THE VILLAGE OF SALADO, TEXAS, PROHIBITING THE PARKING OF CERTAIN VEHICLES IN PARKING SPOTS ON THE EAST SIDE OF THE 300 AND 400 BLOCKS OF MAIN STREET WITHIN THE CORPORATE LIMITS OF THE VILLAGE OF SALADO, AND PROVIDING FOR THE FOLLOWING: PURPOSE, FINDINGS OF FACT, SEVERABILITY, REPEALER, EFFECTIVE DATE, AND PROPER NOTICE AND MEETING. (L) DISCUSSION AND POSSIBLE ACTION TO APPROVE ORDINANCE NO. 2025- 12, AN ORDINANCE OF THE VILLAGE OF SALADO, TEXAS, PROHIBITING THE PARKING OF ALL VEHICLES AND TRAILERS ON THE SOUTH SIDE OF THE 100 BLOCK OF ROYAL STREET WITHIN THE CORPORATE LIMITS OF THE VILLAGE OF SALADO, AND PROVIDING FOR THE FOLLOWING: PURPOSE, FINDINGS OF FACT, SEVERABILITY, REPEALER, EFFECTIVE DATE, AND PROPER NOTICE AND MEETING. (M) DISCUSSION AND POSSIBLE ACTION TO APPROVE ORDINANCE NO. 2025- 13, AN ORDINANCE OF THE VILLAGE OF SALADO, TEXAS, REPEALING AND REPLACING ORDINANCE NOS. 2018-08, 2017-12, 2015-01, AND 2011-05 REGULATING ITINERANT VENDORS, PEDDLERS, AND MOBILE FOOD VENDORS; AND REGULATING MASS GATHERINGS OF MORE THAN 250 PERSONS WITHIN THE VILLAGE LIMITS; AND PROVIDING FINDINGS OF FACT; PENALTIES EFFECTIVE DATE; REPEALER; SEVERABILITY CLAUSE; AND PROPER NOTICE AND MEETING. (N) DISCUSSION AND POSSIBLE APPROVAL OF FINANCIAL REPORTS ENDING MARCH 31, 2024. 6. EXECUTIVE SESSION THE BOARD OF ALDERMEN WILL ENTER A CLOSED, EXECUTIVE SESSION TO DISCUSS THE FOLLOWING: (A) PURSUANT TO TEXAS GOVERNMENT CODE SECTION 551.087 TO DELIBERATE THE CREATION OF THE MUSTANG SPRINGS MPROVEMENT DISTRICT. (B) PURSUANT TO TEXAS GOVERNMENT CODE SECTION 551.087, TO DELIBERATE A REVISED ECONOMIC DEVELOPMENT PROPOSAL FROM SALADO HOSPITALITY INVESTMENTS, LLC. (C) PURSUANT TO TEXAS GOVERNMENT CODE SECTION 551.074, TO DELIBERATE THE EVALUATION OF THE VILLAGE ADMINISTRATOR. 7. RETURN TO OPEN SESSION (A) DISCUSSION AND POSSIBLE ACTION ON AGENDA ITEM 6(A). (B) DISCUSSION AND POSSIBLE ACTION ON AGENDA ITEM 6(B). (C) DISCUSSION AND POSSIBLE ACTION ON AGENDA ITEM 6(C). 8. ADJOURNMENT NOTE THE BOARD OF ALDERMEN MAY RETIRE INTO EXECUTIVE SESSIONAT. ANY TIME BETWEEN THE MEETING'S OPENING AND ADJOURNMENT FOR THE PURPOSE OF DISCUSSING ANY MATTERS LISTED ON THE AGENDA AS AUTHORIZED BY THE TEXAS GOVERNMENT CODE INCLUDING, BUT NOT LIMITED TO, HOMELAND SECURITY PURSUANT TO CHAPTER 418.183 OF THE TEXAS LOCAL GOVERNMENT CODE; CONSULTATION WITH LEGAL COUNSEL PURSUANT TO CHAPTER 551.071 OF THE TEXAS GOVERNMENT CODE; DISCUSSION ABOUT REAL ESTATE ACQUISITION PURSUANT TO CHAPTER 551.072 OF THE TEXAS GOVERNMENT CODE; DISCUSSION OF PERSONNEL MATTERS PURSUANT TO CHAPTER 551.074 OF THE TEXAS GOVERNMENT CODE; DELIBERATIONS ABOUT GIFTS AND DONATIONS PURSUANT TO CHAPTER 551.076 OF THE TEXAS GOVERNMENT CODE; DISCUSSION OF ECONOMIC DEVELOPMENT PURSUANT TO CHAPTER 551.087 OF THE TEXAS GOVERNMENT CODE; ACTION, IF ANY, WILL BE TAKEN IN OPEN SESSION. CERTIFICATION IHEREBY CERTIFY THE ABOVE NOTICE OF THE MEETING WAS POSTED ON THE BULLETIN BOARD AT THE SALADO MUNICIPAL BUILDING BY APRIL 14, 2025, BY 5:00 P.M. Teresa Spirke TERESA SPINKS, CITY SECRETARY THE VILLAGE OF SALADO IS COMMITTED TO COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT. REASONABLE MODIFICATIONS AND EQUAL ACCESS TO COMMUNICATIONS WILL BE PROVIDED UPON REQUEST. PLEASE CONTACT TERESA SPINKS, CITY SECRETARY, AT 254- 947-5060 FOR INFORMATION. HEARING-IMPAIRED OR SPEECH-DISABLED PERSONS EQUIPPED WITH TELECOMMUNICATION DEVICES MAY UTILIZE THE STATEWIDE RELAY TEXAS PROGRAM AT 1-800-735-2988. Agenda Item #1 Date Submitted: Agenda Date Requested: April 14, 2025 Agenda Item: PUBLIC COMMENTS Project/Proposal Summary: 1. PUBLIC COMMENTS THE BOARD OF ALDERMEN WELCOMES COMMENTS FROM CITIZENS ON ISSUES AND ITEMS OF CONCERN NOT ON THE AGENDA. THOSE WISHING TO SPEAK MUST SIGN IN BEFORE THE MEETING BEGINS AND OBSERVE A FIVE (5) MINUTE TIME LIMIT WHEN ADDRESSING THE BOARD. SPEAKERS WILL HAVE ONE (1) OPPORTUNITY TO SPEAK DURING THIS TIME PERIOD. SPEAKERS DESIRING TO SPEAK ON AN AGENDA ITEM WILL BE ALLOWED TO SPEAK WHEN THE AGENDA ITEM IS CALLED. INQUIRIES ABOUT MATTERS NOT LISTED ON THE AGENDA WILL EITHER BE DIRECTED TO STAFF OR PLACED ON A FUTURE AGENDA FOR ALDERMEN CONSIDERATION. Agenda tem #2A - 2C Date Submitted: Agenda Date Requested: April 14, 2025 Agenda Item: CONSENT AGENDA Project/Proposal Summary: 2. CONSENT AGENDA (A) APPROVAL OF THE MINUTES OF APRIL 3, 2025, REGULAR BOARD OF ALDERMEN MEETING (B) ACCEPTANCE OF THE POLICE DEPARIMENT MONTHLY REPORT (C) ACCEPTANCE OF THE TOURISM DEPARTMENT MONTHLY REPORT Village of Salado Municipal Building 301 North Stagecoach Road Salado, Texas 76571 Minutes of Regular Meeting of Board of Aldermen April 3, 2025, at 6:30 p.m. The Board of Aldermen meeting was called to order at 6:30 p.m. by Mayor Henry. The meeting was conducted in person and on YouTube. Mayor Henry gave the Invocation, and the Board of Aldermen led the Pledge of Allegiance to the United States and Texas flags. Board Members Present: Mayor Bert Henry, Alderman Michael MacDonald, Alderman Zach Hurst, Alderman D. Jasen Graham, and Mayor Pro Tem Rodney Bell. Staff Present: Village Administrator Manuel De La Rosa, City Secretary Teresa Spinks, Director of Administrative Services Gina Pence, and Police Chief Allen Fields. 1. PRESENTATION Proclamation by Mayor Henry making April 3rd "IF YOU DON'T KNOW, ASK HULDA" Day in recognition of Ms. Hulda Horton's many years of volunteer service to the community. 2. PUBLIC COMMENTS Public comments were made by Salado residents Linda Reynolds, and Scott Hamilton. 3. CONSENT AGENDA (A) APPROVAL OF THE MINUTES OF MARCH 20, 2025, REGULAR BOARD OF ALDERMEN MEETING. (B) ACCEPT THE RESIGNATION OF MR. JEFFREY W. MCCLURE FROM THE PLANNING AND ZONING COMMISSION. CACKNOWLEDGE RECEIPT OF PETITION FOR RELEASE FROM THE VILLAGE OF SALADO'S EXTRATERRITORIAL JURISDICTION RECEIVED ON MARCH 10, 2025, FROM RYON DUNLAP. TRACT 1 PROPERTY ID: 170649 LEGAL DESCRIPTION: A0061BC E BREWER, ACRES 30.0 TRACT2 PROPERTY ID: 439891 LEGAL DESCRIPTION: A0061BC E. BREWER, ACRES 20.0 TRACT3 PROPERTY ID: 238678 LEGAL DESCRIPTION: A0061BC E. BREWER, ACRES 89.3 TRACT 4 PROPERTY ID: 65122 LEGAL DESCRIPTION: A0061BC E. BREWER, 14, ACRES 10.773 D)ACKNOWLEDGE RECEIPT OF PETITION FOR RELEASE FROM THE VILLAGE OF SALADO'S EXTRATERRITORIAL JURISDICTION RECEIVED ON MARCH 21, 2025, FROM THOMAS ANDREWS, MANAGING MEMBER, ON BEHALF OF GRANITE EP1, LLC. TRACT 1 PROPERTY ID: 111655 LEGAL DESCRIPTION: A0024BC W. ALLEN, 6-9, ACRES 20.23 TRACT 2 PROPERTY ID: 136160 LEGAL DESCRIPTION: A0024BC W. ALLEN, ACRES 20.23 4. DISCUSS AND CONSIDER POSSIBLE ACTION REGARDING ANY ITEM REMOVED FROM THE CONSENT AGENDA None. 5. PUBLIC HEARING (A)PUBLIC HEARING ON AMENDING SECTION 2.2 OF THE ZONING ORDINANCE AND MOVING THIS SECTION TO A STANDALONE ORDINANCE GOVERNING THE PLANNING AND ZONING COMMISSION. Mayor Henry opened the Public Hearing at 6:52 p.m. Comments made by Linda Reynolds. No additional comments. Mayor Henry closed the Public Hearing at 6:53 p.m. 6. DICUSSION AND POSSIBLE, ACTION (A) DISCUSSION AND POSSIBLE ACTION ON APPROVING RESOLUTION NO. 2025-04, A RESOLUTION OF THE VILLAGE OF SALADO, TEXAS RATIFYING THE ADOPTION OF THE VILLAGE'S PUBLIC IMPROVEMENT DISTRICT POLICY. Gregory Miller, with Bickerstaff, Heath, Delgado, Acosta, LLP was present to answer questions. No public comments. Motion made by Mayor Pro Tem Bell to approve as written. Seconded by Alderman Graham. Motion carried by a vote of four in favor, none opposed. (B) DISCUSSION AND POSSIBLE ACTION ON ENGAGING UMB BANK TO SERVE AS AN UNDERWRITER OR PLACEMENT AGENT IN CONNECTION WITH THE POTENTIAL ISSUANCE OF MUNICIPAL SECURITIES IN CONJUNCTION WITH THE FINANCING OF CERTAIN MPROVEMENTS REGARDING MUSTANG SPRINGS PUBLIC IMPROVEMENT DISTRICT #1. Gregory Miller with Bickerstaff explained the selection process. Rick Menchaca and Victor Pucciarelli, representatives from UMB Bank, were present to answer questions. No public comments. Motion made by Alderman Hurst to approve as presented. Seconded by Mayor Pro Tem Bell. Motion carried by a vote of four in favor, none opposed. (C) DISCUSSION AND POSSIBLE ACTION ON APPROVING RESOLUTION NUMBER 2025-03, A RESOLUTION OF THE BOARD OF ALDERMEN OF THE VILLAGE OF SALADO, TEXAS APPROVING THE SUBMISSION OF A GRANT APPLICATION BY THE VILLAGE OF SALADO TO THE OFFICE OF THE TEXAS GOVERNOR FOR THE COMMUNICATIONS NTEROPERABILITY GRANT. No public comments. Motion made by Alderman Graham to approve as presented. Seconded by Alderman MacDonald. Motion carried by a vote of four in favor, none opposed. (D) DISCUSSION AND POSSIBLE ACTION ON THE SOUTHERN OAKS CONCEPT PLAN CONSISTING OF APPROXIMATELY 133.687-ACRES LOCATED SOUTHWEST OF THE INTERSECTION OF FM 2484 AND WILLIAMS ROAD. THE OWNER IS MISS TEX DEVELOPMENT GROUP, LLC. Bear Rosamond was present to answer questions. Public comments made by Linda Reynolds. Motion made by Alderman Graham to table Item 6. (D) for an indefinite period to allow the developer and village administration to address the concerns discussed. Seconded by Mayor Pro Tem Bell. Motion carried by a vote of two in favor, one against, with one abstention. (E) DISCUSSION AND POSSIBLE ACTION ON TERMINATING THE CONTRACT FOR COURT FINES AND FEES COLLECTION SERVICES A CONTRACT WITH THE LAW FIRM OF PERDUE, BRANDON, FIELDER, COLLINS & MOTT, LLP. No public comments. Motion made by Alderman Hurst to approve as presented. Seconded by Alderman Graham. Motion carried by a vote of four in favor, none opposed. (F) DISCUSSION AND POSSIBLE ACTION ON APPOINTING ONE OR MORE APPLICANTS TO THE PLANNING AND ZONING COMMISSION TO FILL UNEXPIRED TERMS. No public comments. Motion made by Mayor Pro Tem Bell to table until after May 3, 2025 Election. Seconded by Alderman Graham. Motion carried by a vote of four in favor, none opposed. 7. EXECUTIVE SESSION THE BOARD OF ALDERMEN WILL ENTER A CLOSED, EXECUTIVE SESSION TO DISCUSS THE FOLLOWING: (A) PURSUANT TO TEXAS GOVERNMENT CODE SECTION 551.074, TO DELIBERATE THE EVALUATION OF THE VILLAGE ADMINISTRATOR. (B) PURSUANT TO TEXAS GOVERNMENT CODE SECTION 551.087, TO DELIBERATE AN ECONOMIC DEVELOPMENT PROPOSAL FROM SALADO HOSPITALITY INVESTMENTS, LLC. (C)PURSUANT TO TEXAS GOVERNMENT CODE SECTION 551.071, CONSULTATION WITH ATTORNEY REGARDING TEXAS TAX CODE SECTION 11.13. (D)PURSUANT TO TEXAS GOVERNMENT CODE SECTION 551.071, CONSULTATION WITH ATTORNEY REGARDING PLATTING OF LAND IN THE ETJ AND ON A PROPOSED INTERLOCAL AGREEMENT WITH BELL COUNTY. (E) PURSUANT TO TEXAS GOVERNMENT CODE SECTION 551.071, CONSULTATION WITH ATTORNEY REGARDING THE DRAKE'S LANDING LIFT STATION LOCATED IN PHASE ONE AND OWNERSHIP BY DRAKE LAND DEVELOPMENT, LLC. Executive Session convened at 7:51 p.m. 8. RETURN TO OPEN SESSION Reconvened in Open Session at 9:32 p.m. (A) DISCUSSION AND POSSIBLE ACTION ON AGENDA ITEM 7(A). Tabled until next Board of Aldermen meeting. (B) DISCUSSION AND POSSIBLE ACTION ON AGENDA ITEM 7(B) Motion made by Mayor Pro Tem Bell to table until after second meeting in May. Seconded by Alderman Graham. Motion carried four in favor, none opposed. (C) DISCUSSION AND POSSIBLE ACTION ON AGENDA ITEM 7(C). No action taken. (D) DISCUSSION AND POSSIBLE ACTION ON AGENDA ITEM 7(D). Motion made by Mayor Pro Tem Bell to instruct the Mayor, the City Administrator, and the City Attorney to meet with Judge Blackburn on Option 3 of the interlocal agreement. Seconded by Alderman MacDonald. No public comments. Motion carried by a vote of four in favor, none opposed. (E) DISCUSSION AND POSSIBLE ACTION ON. AGENDA ITEM 7(E). Motion made by Mayor Pro Tem Bell to instruct the City Attorney to explore options and negotiate in regards to the lift station. Seconded by Alderman Hurst. No public comments. Motion carried by a vote of four in favor, none opposed. 9. Adjournment Mayor Henry called the meeting adjourned at 9:37 p.m. Approved: Bert Henry, Mayor Attest: Teresa Spinks, City Secretary Memo To: Mayor Henry, Board of Alderman members POLIO Villageo ofSalado FICE A D0 - From: Chief Fields CC: Manuel De La Rosa ESTI 1861 I00 Date: 04/09/2025 POLICE 6 Re: Monthly Report Please find attached the printed copy of the March 2025 Monthly Report for the Village of Salado Police Department. . have attached this as a supplement to the Monthly Report PowerPoint for informational purposes. Slide one: Calls for service Monthly calls for service increased by 216, from 454 to 670. Overall, the police department responded to an average of 21.61 calls for service each day of March 2025 Slide Two & Three: Calls for service by day of the week and time of the day Calls for Service had a substantial increase on Saturdays and Sundays primarily due to several events happening on weekends. The remaining days of the week were consistent with February's call volume. We saw an increase in calls for service during the 10:00am time frame. Most calls for service remained during the 3:00pm - 8:00pm time frame. The personnel schedule continues to be a living document with officers being assigned during peak times. Slide Four: Reports generated 9 arrests were made during the month of February. One hundred and eleven (111) traffic stops were conducted resulting in forty (60) citations being issued (enforcement rate of 54%). Fifty-one (51) warnings were also issued. The department completed 31 incident reports and 42 supplemental reports. Traffic crashes have decreased to twenty-four (24) and we have continued to receive a high volume of reckless driver calls for service. Officers were not required to appear before the Grand Jury. Notable C.F.S. are as follows: Driving While License Invalid / Warrant / Possession of a Controlled Substance (P.G.1): SPD initiated a traffic stop for a minor traffic violation. Upon contact with the operator, the officer detected an odor associated with the consumption of alcoholic beverages emitting from the operator's breath. Several open containers of beer were observed in the front passenger compartment. A driver's license check was conducted revealing the operator to have a suspended license from a previous D.W.I. offense. Furthermore, the operator was found to have multiple warrants out of Belton PD. SFST's were conducted but not enough clues were observed for a formal charge. The operator was arrested without incident for DWLI and Belton warrants. During a pre-impoundment inventory of the vehicle 0.8grams of Methamphetamine were located. Operator was subsequently charged with POCS <1G. Possession of Marijuana / Evading on foot / Possession of a Controlled Substance (P.G.2): While making an area check of Pace Park, officer located several subjects smoking marijuana. As the officer approached, both subjects began evading on foot. A cell phone was found on the ground in the vicinity of where both subjects began running from. A short time later, subject #1 was apprehended. During a pre-impoundment inventory of his vehicle, 3 THC vape pens were located. Subject #1 was arrested without incident. Subject #2 was identified several days later and admitted to knowingly evading police on foot. A warrant was sought for his arrest. Suicidal / Barricaded Subject: SPD dispatched to a male having suicidal ideations. The subject was barricaded in the master bedroom with a shotgun. Additional units from Belton responded to set a perimeter. The incident was de- escalated, and the subject was transported to Scott and White on an emergency order of detention. All firearms within the residence were confiscated for safekeeping. Driving While Intoxicated (2nd offense) I Public Intoxication: SPD initiated a traffic stop for a minor traffic violation. Upon contact with the operator, the officer detected an odor associated with the consumption of an alcoholic beverage emitting from the operator's breath. A driver's license check was conducted revealing the operator to have a non-extraditable warrant out of Florida for Driving While Intoxicated. SFST's were conducted and the operator was subsequently arrested for DWI (enhanced due to a previous conviction). The passenger was highly intoxicated. Several attempts were made to arrange a ride home for the passenger; all of which met with negative results. The passenger was arrested for public intoxication without incident. 2 Slide Five: Response Times Response times remained consistent with those of February 2025. Priority 4 response times were negligible oecause the vast majority were officer-initiated field activity. Slide Six: House Watches / Area Checks Officers conducted 66 house watches and area checks during March. Slide Seven: Flock ALPR Report There was a slight increase in the number of Unique plate images captured as compared to February; 198,684 compared to 193,169 in February. System alerts were up. Eleven plates were retained for investigative purposes and the system was accessed one time for administrative purposes. Slide Eight: Purge Report 193,169 plates read in February were deleted from the system. This is an automatic setting purging the previous months captured data. Slide Nine: Hot List data A total of Sixty-two (75) agency specific hot list hits were received. Charts attached. Thank you for all you do for the Village of Salado and your Police Department. Respectfully, Allen K. Fields Chief of Police Village of Salado PD 3 1 < . - - e - a e f 5 € o 0 B e 8 0 0 0 9 R - 00 5 00 7 a 6 B 6 la 1 % & > & e * % e * & t, a - f & t % > 4- % >. % > % S 4 * - - à - 4- - à SMHe1OI 9 A 7 6 2 I Village of Salado 301 N. Stagecoach Rd., P.O. Box 219,Salado, Texas, 76571 Phone: (254) 947-5060 - Fax: (254)947-5061 Bert Henry, Mayor - Rodney Bell, Mayor Pro-Tem Aldermen -Michael MacDonald, Zach Hurst, D.Jasen Graham Manuel De La Rosa, Village Administrator March Tourism Highlights: Every Tuesday, we connect with our hotels and businesses to keep them informed about upcoming events, ensure we have everything needed to support tourism, and update our website with the latest events. We received approval for their Tourism Designation application. We are now working to move it forward for final approval from the Governor's Office. On March 215t, the president of the Packard Group came and met us. We gave him a tour of the town, including Pace Park. We encouraged them to extend their stay at the Holiday Inn and consider holding their Saturday moming parade with a drop-off at Pace Park for their car show, swap meet, and contest. This setup would be a great opportunity to expand and enhance their car show. We continue to collaborate with our local hotels and Airbnb's. We created "Thank You"cards for them toshare with their guests, and they'vel been well received. We've built a strong rapport, and they appreciate the ongoing communication and partnership within the community. Salado ( - THANK YOU Irs Dear Visitor, Thank you for visiting Salado!! We're delighted you chose to stay in one of our unique lodging accommodations and experience the charm of our town, We hope you enjoyed everything from our local shops and art galleries to our delicious dining and scenic surroundings. There's always something happening in Salado, whether it's a special event, live music, or just another beautifu! day to stroll Main Street. We'd love to welcome you back soon to experience even more of what makes our town so special. Stay up to date with all the exciting events in our town as you plan your next visit by heading to ViaisaladoTexas.com and clicking on "Events." Wishing you safe travels, and we look forward to welcoming you back soon! Best regards, Visit Salado Tourism Department We did 26 goody bags for the Holiday Inn' s Chickasaw group and included a "Thank you" card in each from the tourism office. TIIANK YoUI wed anpradeveyary vtr - ehcpe, LA hamigs evhise sibpr GMgAgure y card. aya ANSE Wec co! spein Dericere) jow coc our) Piewe hors Satado On March 251, we did a "Fuel your program with PETRO" webinar from the Texas Historical Commission to learn about interpretative skills. Our Facebook posts continue to do well. Page overview Create post Last 28 days Views 60,132 Reach i 29,415 Content interactions 849 Follows 109 Village of - Salado 301 N. Stagecoach Rd., P.O. Box 219, Salado, Texas, 76571 Phone: (254)9 947-5060 - Fax: (254) 947-5061 Bert Henry, Mayor - Rodney Bell, Mayor Pro-Tem Aldermen -Michael MacDonald, Zach Hursr, D. Jasen Graham Manuel De La Rosa, Village Administrator Visit TOURISIM Salado MARKETING REPORT Engagement Metrics - March 2025 March 2nd to April 5th Visit Salado Website: Users: 338 Sessions: 791 Page Views: 2,748 Mobile Downloads: 4 Download our QR for all our events. www.isitsaladotexas.com o The numbers above are from wwwisisiadacsascon website from March 2nd to April 5th. Users increased by - 201% Sessions (interactions) - increased by 135% Page Views (a single visit) increased by 395% Agenda Item #2D Date Submitted: Agenda Date Requested: April 14, 2025 Agenda Item: CONSENT AGENDA Project/Proposal Summary: 2. CONSENT AGENDA (D) ACKNOWLEDGE RECEIPT OF PETITION FOR RELEASE FROM THE VILLAGE OF SALADO'S EXTRATERRITORIAL JURISDICTION RECEIVED ON MARCH 31, 2025, FROM LARRY ROSAMOND, AUTHORIZED AGENT, WHITE RIVER HOMES LLC, A GEORGIA LIMITED LIABILITY COMPANY: LEGAL DESCRIPTION: BEING A 15.019-ACRE TRACT OF LAND LOCATED IN THE E. BREWER SURVEY, ABSTRACT NO. 61, BELL COUNTY, TEXAS, SAID 15.019-ACRE TRACT BEING ALL OF THAT CALLED 15.000-ACRE TRACE RECORDED IN DOCUMENT NO. 2013-00052984, OFFICIAL PUBLIC RECORDS, BELL COUNTY, TEXAS. PETITION FOR RELEASE FROM ENTRATERRITORIALJU RISDICTION THESTATE OFTEXAS S COUNTYOF BELI. S TO THE HONORABLE MAYOR AND BOARD OF ALDERMENOFT THE VILLAGE OF SALADO. TEXAS: COMES NOW the undersigned (the "Petitioner"). acting pursuant to Chapter 42 of the Texas Local Government Code, as amended (the "Act"). respectfully petitions the Village of Salado. Texas (the "City") to release certain property located within the City's extraterritorial jurisdiction, as more particularly described in the attached Exhibit "A" (the "Property "). In support of the same. Petitioner respectfully shows the following: I. The Property is located within the estraterritorial jurisdiction ol the Village of Salado. Bell County. Texas, and is not within the corporate limits or extraterritorial jurisdiction ol any other municipality. Petitioner requests release from the extraterritorial jurisdiction ofthe Village of Salado. Texas. II. The Property does nol lie I an area: (1) within five(5) miles of the boundary ofa military base. at which an active training program is conducted. as defined by Section 43.0117ofthe Texasl Local Government Code. as amended: (ii) that was voluntarily annexed into the eatrateritorial jurisdiction that is located in a county in which the population grew by more than fitty percent (50%) firom the previous federal census in the Tederal census conducted in theyear 2020 and has a population of greater than 240.000: (iii) within the portion of the extraterritorial, jurisdiction of a municipality with a population of more than 14 million and that IS within fifteen (15) miles of the boundary of a military base. at which an activ e training program is conducted. and in a county with a population of more than (wD (2) million: (iv) designated as an industrial district under Scction 42.044 of the Texaslocal (rov ernment Code. as amended: or (V) subject to a strategic partnership agreement entered into under Section 43.0751 of the Texas Local Gov erment Code, as amended. III. The person signing this petition is the sole holder of title to the Property as shown by the tas rollsand coIV ey ances of record since the date of preparation of said county tas rolls. 4928-3061-8408. V. 1 IV. The date of birth of the individual executing this instrument on bchalf ofPetitioner (the "Signer") is March 5. 1983. and Signer' S residence address is 1032 Ferguson Mill Road. Salado. Texas 76571. V. The Petitioner. having met the petition requirements in $42.104 of the Act. requests the Village of Salado immediately release the Property from the Village of Salado's estraterritorial jurisdiction pursuant to $42. 105(c) of the Act. Otherwise, the Property shall be released by opcration of law pursuant to $42.105d)ofthe Act. VI. This Petition will be filed with Village of Salado Sccretary: Debbie Bean of Salado. Texas. VII. WHEREFORE. the Petitioner respecifully prays that this petition be granted in all respects and that the Board of Aldermen ofthe Village of Salado. Texas. adopt an ordinance or resolution releasing the Property from the extraterritorial jurisdiction oft the Villaye of Salado. hec a RESPECTFULLY SUBMITTED on this ay of March. 2025. WHITE RIVER HOMES. LIC. a Georgia limited liability company By: LARRY ROSAMOND. Authorized Agent THESTATE OFTEXAS S S COUNTY OF BELL S 7 This instrument was acknowledged before me on March 2025, by LARRY ROSAMOND. Authorized Agent of WHITE RIVER HOMES. LLC, a Georgia limited liability company. on behalf of said company. AEI NOTARYPUBLIC. STATE OF TEXAS SMAITH Tekasi DAIIELLE State of Puolic. IERCROIR NOTANY Expiresl Comm TARORE METIDI 2 4928-3061-8408, V. 1 EXHIBIT "A" Page 1 of3 QQuick Inc. Land Surveying. Land Planning. Consulting. Firm: 10 94104 512-915-4950 430N. Robertson Rocd. Salado. Texcs 76571 FIELD NOTES FOR A 15.019 ACRE TRACT OF LAND BEING A 15.019 ACRE TRACT OF LAND LOCATED IN THE E BREWER SURVEY. ASSTRACTNO. 61. BELL COUNTY, TEXAS SAD15019 ACRE TRACTBEING ALLOFT-ATCALLEDI 15.000ACRE TRACT RECORDED IN DOCUMENT NO. 2013-00052984. OFFICIAL PUBLIC RECORDS SELL COUNTY TEXAS SAID 15019 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED 8Y METES AND BOUNDS AS FOLLOWS; BEGINNING at a 5/8" tron rod located in the southwest righi-of-woy ine of West Amdty Road. said point peing the northwest comet of said 15. 00C acre tract. the nortnwest comer of the herein described tract. ana being the northeast corner of a called 1 564 acre tract of lond recorded in Document No. 2017-00007026, Official Puplic Records. Bell County Texas; 1. Thence. witn tne northeast ine of said 15 C0O acre tract, the southwest right-of- way ine of West Amity Road. S 73: 49' 03" E. a distance of 287.03' (Record S700 48 22" E, a distarce of 287.01). to a 1/2 ron rod ocated ai the northeast comer ofsaia 15 CCO acre tract. the rortheast comer of the herein descriped tract. soia poin: being the northwest comer of a called 01 784 acre tract of land recorded in Document No. 2019-00007048, Official Pvolic Records Bell County Texas: 2. Thence. depaning the southwest right-of-way line of West Amiry Rooo with the east Ine of said 15.000 acre tract. the west lire of said 0.784 acre tract. S 1P30 30" W. a distance of 167.01" (Record: 3 i40 32 12" W. a distance of 167.071 to a 1/2 iron rod lccated a: the souinwest comer of said 0.784 aore tract. the northwest comer of o called 1.00 acre tract of land recorded in DocumentNo 2019-00007049. Officiat Public Records. Sel County Texas said point being an angle point of tne herein described troct of and' 3. Thence. with the scutheast fine of said i5 CCO acre raci. the northwest line ofsaia 1 00 acre tract. S 1604 32"W. a oistance of 208.35' Record 3 190 06 47 W a distance 0f2082 241.10 a i/2"iron rod located at the southwest commerofsoiol.00 acre tract, said poini peing the interior comer ofsaid 1 5 000 acre troct, andoeing an interor comer of ne herein describec tract 3 4928-3061-8408, V. 1 EXHIBIT "A" Page 2 of3 4. Thence wih the southwesi ine ofsaid 1 CC acre troct a northeas line of said 15000 acre tract.574:51"4 46"E a distance of 208.50 Reccrd S71948 21 E a distance 0208.711 too1/2'tronrod located at the soutreost comerofsoig1co acre ac: a northeast comer of said 15.00O acre tract :aia ooint peing a northeast corers of1 tre herein describedi t:oct, ond: ceing in the nortrwest ine of acalled 2.79 acre tractoflond recordedint DocumentNo 2019-00C 7254 Official Puclic Records, Bell County Texos 5. Thence with the soutneast line of said 15.000 aci tract. tne northwest ine ofsaid 299 acre tract. $ 16:02" 13"W a cistance of 799.82' to a 1 ror. pipe locateaat ne southwest comer ofsaia 2.99 ocre tract sad coint peirg the nortrwest comer ofLot 13 Block t, Amity Estates Recorded in Flat Year 3013 PlatNo 110-3 Fla: Records Beil Ccunty Tekas, sais coin: ceirg on angle coirt o the herein described tract; 6. Thence with. ne northwest fre of said Lot 13 Block 1 Amity Estates mnesoutheast ine ofsaid 15.000 acre tract. S 1630 34"V W a distance of 273.91 T0 05/3 on vod located at the southeast comer of soid 15 00C acre tract a northeast comer of a cailed 24.7i1 acre tract of land reccrded in Document NO. 2017-00040661 Official Puplic Records. Bell County Texas said coirt oeing the soufheast comne ofine herein Jescribed troct Thence with the south and west! linés ofsaid 15.00C ocre tract me nonh and eas: inesoi saio 24.711 ace tract the following TWO (2) courses ana distances 7. N 74: 01 11" W a distance o* 503.86' Record N 71 00 Co W a distarce of 503.711. T0 3 5/3" iron rcd locateo for the sutwercoirero'tre herein descriced tact 8. N 15: 56' 24" E o oistonce of 1446.31" Recors N 18€ 57 55 E a Sistance of 1445 571. 1o the POINT OF BEGINNING coniaining 15.019 acres ofiang Note: Treoaris 7PM2EPe3e gthe Trircies VPSNetwon NAD133) Texas Stote PloneCoorpiate Sys'ern CentralZone 4203 : Survey Foc: Grid, A surveyola: wos C'pO3CYO78E910' documert Travis Guicksal FP.S =5447 Date 05/23/2002 (GTRAVIS L OUICKSALLP) Joc = 22-CCSE 6447 %, "o A N 6 4 4928-3061-8408. V. 1 EXHIBIT "A" Page 3 of3 D: 103921 C E265 IDEI A/ - à 45 Exhibit A Page 3 of3 : s yi5 5 3 22 - PN 143 -R, E : : - : i 65 I Eu 55 1 5 : : € 25 & 4 1/ B E 8 E a - 5 4928-3061-8408 V. 1 Agenda Item #2E Date Submitted: Agenda Date Requested: April 14, 2025 Agenda Item: CONSENT AGENDA Project/Proposal Summary: 2. CONSENT AGENDA (E) ACKNOWLEDGE RECEIPT OF PETITION FOR RELEASE FROM THE VILLAGE OF SALADO'S EXTRATERRITORIAL JURISDICTION RECEIVED ON MARCH 31, 2025, FROM LARRY ROSAMOND AND KATHERINE ROSAMOND: LEGAL DESCRIPTION: LOTS TWO (2) AND THREE (3), OF TWELVE OAKS ESTATES, IN THE EXTRATERRITORIAL JURISDICTION OF THE VILLAGE OF SALADO, IN BELL COUNTY, TEXAS, ACCORDING TO THE PLAT OF RECORD IN CABINET D, SLIDE 173-D, PLAT RECORDS OF BELL COUNTY, TEXAS. PETITION FOR RELEASE FROM EATRATFRKITORIALN RISDICTION THESTATE OFTEXAS S COUNTYOF BELL. S TO THE HONORABLE MAYOR AND BOARD OF ALDERMEN OF THE VILLAGE OF SALADO. TEXAS: COMES NOW the undersigned (the Petitioners"). acting pursuant to Chapter 42 of the Texas Local Government Code, as amended (the "Act"). respectfully petitions the Village of Salado, lexas (the "City") to release certain property located within the City's extraterritorial jurisdiction. as more particularly described in the attached Exhibit "A"(the "Property "). In support ol'the same. Petitioners respectfully show the following: I. The Property is located within the extraterritorial jurisdiction of the Village of Salado. Bell County. Texas, and is not within the corporate limits or estraterritorial jurisdiction of any other municipality. Petitioner requests release fiom the extraterritorial jurisdiction ofthe Village of Salado. Texas. II. The Property does not lie in an area: (i) within five (5) miles of the boundary of a military base. at which an active training program is conducted. as delined by Section 43 0117ofthe Texas Local Gov ernment Code. as amended: (ii) that was voluntarily annexed into the extraterritorial jurisdiction that is located in a county in which the population grew by more than filly percent (50%) from the previous federal census in the federal census conducted in the vear 2020 and has a population of greater than 240.000: (ini) within the portion of the extrateritorial jurisdiction of a municipality with a population of more than 1.4 million and that is within fifteen (15) miles of the boundary of a military base. al which an activ e training program 1S conducted. und in a county with a population of more than twO (2) million: (iv) designated as an industrial district under Section -2. .044 of the TexasLocal Government C'ode. as amended: or (V) subject to a strategic partnership agreement entered into under Section 43.0751 ofthe Texas Local Government Code. as amended. III. The person signing this petition is the sole holder oftitle to the Property as shown by the tax rollsand conse eyances ofrecord since the date of preparation of said county las rolls. 4926-1546-4488, V. 1 IV. The Petitioners dates ofbirth are: Larry Rosamond - March 5, 1983 Katherine Rosamond - Junc 21, 1983 The Petitioners address 1S 1032 Ferguson Mill Road. Salado. Texas 76571. V. lhe Petitioners. having met the petition requirements in $42.104 ofthe Act. requests the Village of Salado immediately release the Property from the Village of Salado's estraterritorial jurisdiction pursuant to $42.105(c) of the Act. Otherwise, the Property shall be released by opcration of law pursuant to $42.105(d) ofthe Act. VI. This Petition will be filed with Village of Salado Secretary. Debbie Bean of Salado. Texas. VII. WHEREFORE. the Petitioners respectfully pray that this petition be granted in all respects and that the Board ol Aldermen ofthe Village of Salado, Texas. adopt an ordinance or resolution releasing the Property from the extraterritorial jurisdiction of the Village ofSalado. RESPECTFULLY su BMITTED on this dHay of March, 2025. LARRY ROSAMOND b/ Kesk KATHERINE ROSAMOND 2 4926-1546-4488, V. 1 THESTATE OF TEXAS COUNTYOF BELL This instrument was me on March 2025, LARRY L SAT befo ath by ROSAMOND. VN DANIELLE State of Texasl Notary Public. Comm. CGGERCRS ID1 12820315-4 Xutth Notary NOTARY PUBLIC, STATE OF TEXAS THE STATE OF TEXAS 3 COUNTY OF BELL. This instrument was acknowledged before me on March aBh 2025, by KATHERINE ROSAMOND. n &o SMITH NOTARY PUBLIC, STATE OF TEXAS DANIELLE State o! Texas Notary Public, 1.302028 Comm. Expires ID 128208154 Notaryl 3 4926-1546-4488, V. 1 EXHIBIT "A" Page 1 of2 Lots Two (2) and Three (3), OfTWELVE OAKS ESTATES, in the E.T.J. of the Village of Salado, in Bell County, Texas, according to the Plat of Record in Cabinet D, Slide 173-D, Plat Records of Bell County, Texas. - 4926-1546-4488, V. 1 EXHIBIT "A" Page 2 of2 The Property being depicted as Lots Two (2) and Three (3) on the below Plat. 765533 FMF 3 - - ROSE FANE d 1 : i F : a e 1: - - a : : 1 n : 1 i * 3 ALL COUNTY SURVEYING. ING. TWELVE OAKS ESTATES X08.5435 5 4926-1546-4488, V. 1 Agenda Item #2F Date Submitted: Agenda Date Requested: April 14, 2025 Agenda Item: CONSENT AGENDA Project/Proposal Summary: 2. CONSENT AGENDA (F) ACKNOWLEDGE RECEIPT OF PETITION FOR RELEASE FROM THE VILLAGE OF SALADO'S EXTRATERRITORIAL JURISDICTION RECEIVED ON MARCH 31, 2025, FROM LARRY ROSAMOND, AUTHORIZED AGENT, WHITE RIVER HOMES LLC, A GEORGIA LIMITED LIABILITY COMPANY, DUE TO DEFECTIVE PETITION SUBMISSION. TRACT 1: LEGAL DESCRIPTION: 8.597-ACRES SITUATED IN THE G.F. LANKFORD SURVEY, ABSTRACT NO. 510, BELL COUNTY, TEXAS, BEING A PORTION OF A TRACT OF LAND OWNED BY TAWANA BETH DUNHAM, TRUSTEE OF THE THOMPSON FAMILY TRUST; JACK ERIC THOMPSON, TRUSTEE OF THE THOMPSON FAMILY TRUST; AND LEE ANN BOTT, TRUSTEE OF THE THOMPSON FAMILY TRUST, BEING A CALLED 11.31 ACRES DESCRIBED AS FIRST TRACT AND A CALLED 0.27 ACRES TRACT DESCRIBED AS SECOND TRACT IN DOCUMENT NO. 2017-00042347, OFFICIAL PUBLIC RECORDS OF REAL PROPERTY, BELL COUNTY, TEXAS. TRACT 2: LEGAL DESCRIPTION: 0.280-ACRE, SITUATED IN THE G.F. LANKFORD SURVEY, ABSTRACT NO. 510, BELL COUNTY, TEXAS, BEING ALL OF A CALLED 0.27-ACRE TRACT OF LAND OWNED BY TAWANA BETH DUNHAM, TRUSTEE OF THE THOMPSON FAMILY TRUST; JACK ERIC THOMPSON, TRUSTEE OF THE THOMPSON FAMILY TRUST; AND LEE ANN BOTT, TRUSTEE OF THE THOMPSON FAMILY TRUST, DESCRIBED AS SECOND TRACT IN DOCUMENT NO. 2017-00042347, OFFICIAL PUBLIC RECORDS OF REAL PROPERTY, BELL COUNTY, TEXAS. PETITION FOR RELEASE FROM EXTRATERRITORIAL JURISDICTION THE STATE OF TEXAS S COUNTY OF BELL 3 TO THE HONORABLE MAYOR AND BOARD OF ALDERMEN OF THE VILLAGE OF SALADO. TEXAS: COMES NOW the undersigned (the "Petitioner"). acting pursuant to Chapter 42 of the Texas Local Government Code, as amended (the "Act"). respectfully petitions the Village of Salado. Texas (the "City") to release certain property located within the City's extraterritorial jurisdiction, as more particularly described in the attached Exhibit "A" (the "Property"). In support oft the same. Petitioner respectfully shows the following: I. The Property is located within the extraterritorial jurisdiction of the Village of Salado, Bell County. Texas, and is not within the corporate limits or extraterritorial jurisdiction of any other municipality. Petitioner requests release from the Aintemitoralyurisdiction ofthe Village of Salado. Texas. II. The Property does not lie in an area: (i) within five (5) miles of the boundary of a military base. at which an active training program is conducted. as defined by Section 43.0117 ofthe Texas Local Government Code. as amended: (ii) that was voluntarily annexed into the extraterritorial jurisdiction that is located in a county in which the population grew by more than fifly percent (50%) from the previous federal census in the federal census conducted in the year 2020 and has a population of greater than 240.000: (iii) within the portion ofthe extraterritorial, jurisdiction of a municipality with a population ofmore than 1.4 million and that is within fifteen (15) miles of the boundary of a military base, at which an active training program IS conducted. and in a county with a population of more than two (2) million: (iv) designated as an industrial district under Section 42.044 of the Texas Local Gov ernment C'ode. as amended: or (v) subject to a strategic partnership agreement entered into under Section 4+3.0751 of the Texas Local Government Code, as amended. III. The person signing this petition is the sole holder of'title to the Property as shown by the tax rolls and cony eyances of record since the date of preparation of said county (ax rolls. 4912-7807-0824, V. 1 IV. The date of birth of the individual executing this instrument on behalf of Petitioner (the "Signer") is March 5. 1983. and Signer' S residence address is 1032 Ferguson Mill Road. Salado. Texas 76571. V. The Petitioner, having met the petition requirements in $42.104 of the Act. requests the Village of Salado immediately release the Property from the Village of Salado's extraterritorial jurisdiction pursuant to $42. 105(e) of the Act. Otherwise, the Property shall be released by operation of law pursuant to $42. 105(d) oft the Act. VI. This Petition will be filed with Village of Salado Secretary, Debbie Bean of Salado, Texas. VII. WHEREFORE. the Petitioner respectfuily prays that this petition be granted in all respects and that the Board of Aldermen ofthe Village of Salado, Texas. adopt an ordinance or resolution releasing the Property from the extraterritorial jurisdiction oft the Village of Salado. RESPECTFULLY SUBMITTED on this day of March. 2025. WHITE RIVER HOMES, LLC. a Georgia limited liability company By: LARRY ROSAMOND. Authorized Agent THE STATE OF TEXAS 8 S COUNTY OF BELL S This instrument was acknowledged before me on Marid 2025, by LARRY ROSAMOND, Authorized Agent of WHITE RIVER HOMES, LLC, a Georgia limited liability company, on behalf of said company. MEt SMITH NOYARY PUBLIC, STATE OF TEXAS DA DANIELLE State of Texas! - Notary Public. 13-30:2028 Comm, Expires Notaryl ID 1282061514 2 4912-7807-0824, V. 1 EXHIBIT "A" Page 1 of5 Surveyor's Field Notes for: 8.597 ACRES, situated in the G. F. Lankford Survey, Abstract No. 510, Bell County, Texas, being a portion of a tract of land owned by Tawana Beth Dunham, trustee of the Thompson Family Trust; Jack Eric Thompson, trustee of the Thompson Family Trust; and Lee Ann Bott, trustee of the Thompson Family Trust, being a called 11.31 acres described as First Tract and a called 0.27 acre tract described as Second Tract in Document No. 2017-00042347, Official Public Records of Real Property. Bell County, Texas, and being more particularly described as follows: BEGINNING at a 5/8" iron rod with "All County" cap found on the west line of Rose Lane, being the southeast corner of said 11.31 acre tract, same being the northeast corner of a called 10.15 acre tract of land conveyed to Bill Bartlett and wife, Ruth Bartlett in Volume 1175, Page 1. Deed Records of Bell County, Texas, for the southeast corner of this tract of land; THENCE in a westerly direction, with the south line of said 11.31 acre tract (Deed N. 70° 00' 00"W., 1260.75 feet), same being the north line of said 10.15 acre tract, N. 73° 15' 42" W., 812.81 feet, to a 5/8" iron rod with "All County" cap found, being the southeast corner of Twelve Oaks Estates, an addition in the E.T.J. of the Village of Salado, of record in Cabinet D., Slide 173-D, Plat Records of Bell County, Texas, for the southwest corner of this tract of land, from which a 5/8" iron rod with "All County" cap found at the southwest corner of said 11.31 acre tract bears N. 73° 14', 32"W., 447.85 feet; THENCE in a generally northerly direction, with the east line of Twelve Oaks Estates, the following five courses and distances: 1) N. 36° 48' 13" W., 139.69 feet (Plat 33° 28' 56" W., 139.72 feet). to a 5/8" iron rod with "All County" cap found, for a corner of this tract of land; 2) N. 32° 53' 55" W., 53.72 feet (Plat N. 29° 48' 13" W., 53. 83 feet), to a 5/8" iron rod with "All County" cap found, for a corner of this tract of land; 3) N. 16° 41' 18" E., 148.51 feet (Plat N. 20° 03'04"E., 148.47 feet), to a 5/8" iron rod with "All County" cap found, for a corner of this tract of land; 4) S. 73° 43' 47" E., 50.05 feet (Plat S. 70° 26' 34" E., 50.00 feet), to a 5/8" iron rod with "AIl County" cap found, for a corner of this tract of land; 5) N. 16° 46' 14" E., 127.13 feet (Plat N. 20° 03' 04"E., 127. 04 feet). to a 5/8" iron rod with "All County" cap found on the north line of said 11.31 acre tract, same being the south line of a called 77.86 acre tract of land owned by Geraldine Timmermann per Document No. 2016-00040591, of said Official Public Records and described in Volume 2710, Page 423, Of said Official Public Records, being the northeast corner of said Twelve Oaks Estates, for the northwest corner of this tract of land; THENCE in an easterly direction, with the north line of said 11.31 Acre tract (Deed S. 70° 25' 40" E., 613.40 feet), same being the south line of said 77. 86 acre tract. S. 73° 51' 17" 4912-7807-0824. V. 1 EXHIBIT "A" Page 2 of5 E., 272.67 feet, to a 60" Oak at an angle point in a wire fence, being an angle corner of said 11.31 acre tract, same being the most westerly corner of said 0. 27 acre tract, for an angle corner of this tract of land; THENCE continuing in an easterly direction, with the north line of said 0.27 acre tract (Deed Easterly 670.0 feet, more or less), S. 73° 33' 40" E., 671.24 feet, to a 5/8" iron rod with "ACS" cap set on the west line of Rose Lane, Being the northeast corner of said 0.27 acre tract, for the northeast corner of this tract of land, from which a broken concrete highway monument found at the northwest corner of said 77, 86 acre tract bears N. 16° 30' 41"E., 3406.95 feet; THENCE in a southerly direction, with the east line of said 0.27 acre tract (Deed S. 23° 32' 20" W., 20.0 feet), same being the west line of Rose Lane, S. 16° 30' 41" W., 20.00 feet, to a %" iron rod found, being the southeast corner of said 0.27 acre tract, same being the northeast corner of said 11.31 acre tract, for a corner of this tract of land; THENCE continuing in a southerly direction, with the east line of said 11.31 acre tract (Deed S. 23° 32' 20" W., 382 feet), same being the west line of Rose Lane, S. 20° 55' 47" W., 381.20 feet, to the POINT OF BEGINNING and containing 8.5 597 Acres of Land. 4 4912-7807-0824. V. 1 EXHIBIT "A" Page 3 of5 0.280 ACRE, situated in the G. F. Lankford Survey, Abstract No. 510, Bell County, Texas, being all of a called 0.27 acre tract of land owned by Tawana Beth Dunham, trustee of the Thompson Family Trust; Jack Eric Thompson, trustee of the Thompson Family Trust; and Lee Ann Bott, trustee of the Thompson Family Trust, described as Second Tract in Document No. 2017-00042347, Official Public Records of Real Property, Bell County, Texas, and being more particularly described as follows: BEGINNING at a %" iron rod found on the west line of Rose Lane, being the southeast corner of said 0.27 acre tract, same being the northeast comner of a called 11.31 acre tract of land owned by Tawana Beth Dunham, trustee of the Thompson Family Trust; Jack Eric Thompson, trustee of the Thompson Family Trust; and Lee Ann Bott, trustee of the Thompson Family Trust, described as First Tract in Document No. 2017- 00042347, of said Official Public Records and being the apparent southeast corner of a of a called 77.86 acre tract of land owned by Geraidine Timmermann per Document No. 2016-00040591, of said Official Public Records and described in Volume 2710, Page 423, of said Official Public Records, for the southeast corner of this tract of land, from which a broken concrete highway monument found at the northeast comer of said 77.86 acre tract bears N. 16° 30' 41" E., 3426.95 feet (Deed N. 18° 48' 40" E., 3426.79 feet) and a 5/8" iron rod with "All County" cap found at the southeast corner of said 11.31 acre tract bears S. 20° 55' 47" W., 381.20 feet; THENCE in a westerly direction, with the south line of said 0.27 acre tract, same being the apparent south line of said 77.86 acre tract and being the north line of said 11.31 acre tract, generally with a wire fence, the following two (2) courses and distances: 1) N. 73° 37' 26" W., 528.38 feet (Deed N. 70° 25' 20" W., 524.0 feet), to an 80d nail found, for a corner of this tract of land; 2) N. 65° 21' 46" W., 144.30 feet (Deed N. 62° 49' W., 147.82 feet), to a 60" Oak tree at an angle point in a wire fence, being the west corner of said 0.27 acre tract, for the west corner of this tract of land; THENCE in an easterly direction, with the north line of said 0.27 acre tract (Deed Easterly, 670.0 feet, more or less), S. 73° 33' 40" E., 671.24 feet, to a 5/8" iron rod with "ACS" cap found on the west line of Rose Lane, being the northeast corner of said 0.27 acre tract, for the northeast corner of this tract of land; 5 4912-7807-0824. V. 1 EXHIBIT "A" Page 4 of5 THENCE in a southerly direction, with the east line of said 0.27 acre tract (Deed S. 23* 32' 20" W, 20.0 feet), same being the west line of Rose Lane, S. 16° 30' 41" W., 20.00 feet, to the POINT OF BEGINNING and containing 0.280 Acre of Land. Horizontal datum based upon the Texas State Plane Coordinate System, Central Zone, NAD83, as per GPS observations. All distances are surface distances, and all bearings are grid bearings. Scale factor-1.0001434312, scaled about CP-101 (N:10,326,609.22 E:3,179,656.52). This metes and bounds description to accompany a Surveyors Sketch of the herein described 0.280 Acre tract. This document is not valid for any purpose unless signed and sealed by a Registered Professional Land Surveyor, Surveyed October 11, 2021 ALL COUNTY SURVEYING, INC. 1-800-749-PLAT Tx. Firm Lic. No. 10023600 Serverpropecls/pro2200022090/20530220530,1-0280 Ac.doc 9 or , 6 3 CHARLES C. LUCKO 9 4636 ?C S E C Charles C. Lucko Registered Professional Land A7,222 Surveyor Registration No. 4636 4912-7807-0824. V.1 1 EXHIBIT "A" Page 5 of5 E % a a B v8 - a I E . H 2 i - B 3 A! - BG S H n - $ 51 5 : 1 41 1: E 9d a B a B 0 1 h u! - sé Eu a - : Ti 3 1 1 a 1 - - 1a 1 a 1 i 12 - # - 8 à : 1 1341 A 5 ROSE : LANE 5 34 it i Ds 1 ( 7 4912-7807-0824, V. 1 From: Samuel Fulcher samfucherebcwiwcom Sent: Monday, April 14, 2025 1:08 PM To: Manuel De La Rosa smdeharos@alndovgo, Cc: Gina Pence gpenceesaladotgoio; Larry Rosamond erioamondegmalcom Subject: RE: Petition for Release from the Village of Salado ETJ CAUTION: This email originated from outside of the organization! Do not click links, open attachments or reply, unless you recognize the sender's email address and know the content is safe!' Mr. De La Rosa, have indicated on the attached copy the location of the 0.28 acres. I've also attached the survey that was used in the exhibit. Please let me know if you have trouble reading it. Thank you. Sam Fulcher, Shareholder o: (254) 743-7370 samfucherebciwlaw.com BAIRD CREWS 15 North Main Street - Temple, TX I 76501 www.bcswlaw.com Best Lawyers X ONES TO WATCH SAMI FULCHER 2024 GMember TAKE NOTICE: THIS E-MAIL IS GOVERNED BY THE ELECTRONIC COMMUNICATIONS PRIVACY ACT AND THE STORED COMMUNICATIONS ACT. THIS E-MAIL CONTAINS CONFIDENTIAL AND PRIVILEGED INFORMATION. AND IS SOLELY FOR THE USE OF THE ENTENDED RECIPIENT. IF YOUA ARE NOT THE INTENDEDI RECIPIENT, YOU ARE HERBY NOTIFIED THATA ANY USE, DISSEMINATION, DISTRIBUTION OR REPRODUCTION OF THIS E-MAIL ORA ANY ATTACHMENT IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY BY TELEPHONE AND DELETE THIS E MAIL, AND ANY ELECTRONIC RECORD OR SIGNATURE WITHIN THE MEANING OF THE UNIFORMI ELECTRONIC TRANSACTION. ACT OR ANY SIMILAR LAW. ALSO, AND UNLESS EXPRESSLY: STATEDOTHERWISE, NOTHING CONTAINED! IN THIS E-MAIL IS A DIGITAL OR ELECTRONIC: SIGNATURE OF ANY SORT, NOR IS THIS E MAIL INTENDED TOI MAKE AN AGREEMENT BY ELECTRONIC MEANS. TAKE FURTHER NOTICE: IN ACCORDANCE WITH IRS CIRCULAR 230, THE CONTENT OF THIS E-MAIL OR ANY ATTACHMENT OR LETTER IS NOT TO BE RELIED UPON FOR THE PREPARATION OF A TAX RETURN OR TO AVOID TAX PENALTIES IMPOSED BY THE INTERNAL REVENUE CODE. IFY YOU DESIRE A FORMAL OPINION ON A PARTICULAR TAX MATTER FOR THE PURPOSE OF FILING A RETURN OR AVOIDING THE IMPOSITION OF ANY PENALTIES, PLEASE CONTACT US TO DISCUSS1 THE FURTHER TREASURY REQUIREMENTS' THAT MUST BE MET AND WHETHERI IT IS POSSIBLE TOI MEET THOSE REQUIREMENTS UNDER THE CIRCUMSTANCES, AS WELL AS THE ANTICIPATED TIME AND FEES INVOLVED. EXHIBIT "A" Page 5 of 5 1 E a a & r. L 9 - - 45 3$ : : 4 4 8 : $ : dai! 548: - 3 HAL * 1 66 i 5 : S ay : - à :: in I 13 I B E 11 H I * S : ti * a 6 : : a e a + 6 - W t 1 A15 4 i: - f 1 o 1 8 :4: a f 3 ROSE : LANE A € i I i a 7 4912-7807-0824. V. 1 91 N 03 SeEag b PS oy Vexlg I 6 & - / 0 E S - 0 - y w4 # Agenda Item #4 Date Submitted: Agenda Date Requested: APRIL 14, 2025 Agenda Item: VILLAGE ADMINISTRATORS REPORT Project/Proposal Summary: 4. VILLAGE ADMINISTRATORS REPORT SALES TAX COLLECTION UPDATE UPDATE ON COMMUNITY DEVELOPMENT PROJECTS Village of Salado Sales Tax Collections REPRESENTING FEBRUARY SALES, COLLECTED IN MARCH, AND ALLOCATED IN APRIL APRIL 2025: $60,905 APRIL 2024: $54,682 APRIL 2023: $53,467 Agenda Item #5A Date Submitted: Agenda Date Requested: APRIL 14, 2025 Agenda Item: DISCUSSION AND POSSIBLE ACTION Project/Proposal Summary: 5. DISCUSSION AND POSSIBLE ACTION (A) DISCUSSION AND POSSIBLE ACTION ON APPROVING AN ENCROACHMENT AGREEMENT BETWEEN THE VILLAGE OF SALADO, TEXAS, AND WILLIAM M. GRIFFIN, ON AN ENCROACHMENT TO A TWENTY (20) FOOT SIDE SETBACK, ON PROPERTY LOCATED AT 600 WILLOW STREET, WITHIN THE VILLAGE BOUNDARY LIMITS. Notice of confidentiality rights: If you are a natural person, you may remove or strike any or all of the following information from any instrument that transfers an interest in real property before it is filed for record in the public records: your Social Security number or your driver's license number. THE STATE OF TEXAS COUNTY OF BELL ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT (the "Agreement") is entered into as of the day of 2025, by and between the VILLAGE OF SALADO, TEXAS (the "Village") and WILLIAM M. GRIFFIN ("Griffin"). I. RECITALS 1. Griffin owns Lot Four (4), Block Two (2), MILL CREEK SECT. FOUR, a subdivision in Bell County, Texas, according to the Plat of record in Cabinet A, Slide 46-B, of the Plat Records of Bell County, Texas, Vol. 1616p. 759, located at 600 Willow Street within the Village (the "Property"). See Exhibit A, Plat and Survey ofthe Property. 2. As depicted in the Plat, the Property must comply with a twenty (20) foot side setback imposed at the time of platting by Bell County requirements. Upon incorporation of the Village, the Village assumed responsibility for enforcement of the twenty-foot side setback depicted in the Plat. 3. The home constructed on the Property encroaches approximately nine (9) feet into the Village's twenty-foot side setback from the south property line along Indian Trail (the "Encroachment Area"). The Encroachment Area is depicted in Exhibit A, Survey of the Property. 4. Griffin acknowledges and agrees that the home located on the Property encroaches into and upon the Village's twenty-foot setback along Indian Trail, and has requested the Village's agreement to its encroachment into the Encroachment Area. 5. In authorizing this Agreement, the Board of Aldermen (the "Board") ofthe Village finds that the facts presented in relation to Griffin's Property are unique and not likely to be repeated. Nothing in this Agreement should be construed as a departure from the Board's general policy prohibiting private encroachment onto Village property or setbacks. 01004435,2 423391 2 NOW, THEREFORE, for and in consideration of the foregoing recitals, the covenants, conditions, and undertakings hereinafter described, and the mutual benefits and covenants contained in this Agreement, and subject to each and every term and condition of this Agreement, the Village and Griffin agree as follows: 1. GRANT OF CONSENT, PERMITTED USE. The Village hereby grants Griffin a limited consent to encroach upon, over, and across the Encroachment Area for the sole purpose of operating and maintaining the home located on the Property at 600 Willow Street within the Village and for no other purpose. It is understood and agreed that this Agreement conveys no ownership to Griffin and provides Griffin only a conditional and terminable right to use the Encroachment Area for the express purposes provided in this Agreement. 2. ALTERATION OF ENCROACHMENT AREA. The consent to encroachment granted under this Agreement is effective with respect to the Encroachment Area only. Griffin shall not encroach upon any other part ofthe Village property or setbacks. The boundaries oft the Encroachment Area shall be subject to alteration only by written agreement among the Village and Griffin. 3. MATTERS OF RECORD. This Agreement is subject to all covenants, conditions, restrictions, easements, liens, reservations, and other matters of record in the Official Public Records of Bell County, Texas, as ofthe date hereof, which affect the Encroachment Area. 4. ILLEGAL USE NOT PERMITTED; USE SUBJECTTO LAWS AND REGULATIONS. Griffin covenants and agrees not to use any part oft the Encroachment Area for any use or purpose that violates any applicable law, regulation, or ordinance of the United States, including by not limited to the Village, the State of Texas, and Bell County. Under no circumstances during the term ofthis Agreement will Griffin use or cause to be used within the Encroachment Area any hazardous or toxic substances or materials, or store or dispose of any suçh substançes in, on, over, under or within the Encroachment Area. 5. MAINTENANCE AND REPAIR. IfGriffin or subsequent owners ofthe Property perform repairs, renovations, or reconstruction of the Property totaling 50% or more of the appraised value of the Property, this Agreement shall terminate and the owner shall be required to reconfigure, move, and/or reconstruct any structure on the Property such that the Property is in full compliance with applicable Village setback and easement requirements. 6. TERM; TERMINATION. The term of this agreement begins on the execution date and continues thereafter for sO long as the Encroachment Area is being used solely for the purpose permitted in this Agreement. The Village may terminate this Agreement and the Griffin's, or subsequent owners of the property's, right to use the Encroachment Area if such use (a) interferes with the Village's rights to use the Property, (b) use of the Encroachment Area becomes necessary for a public purpose, or (d) Griffin fails to comply with any term, covenant, or representation of this agreement, or (e) Griffin abandons the Property. 01004435:2 -2- 7. INDEMNITY. TO THE EXTENT PERMITTED BY LAW, GRIFFIN AGREES TO JOINTLY AND SEVERALLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE VILLAGE AND ITS RESPECTIVE BOARD MEMBERS, BOARD OF ALDERMEN MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, AGENTS, REPRESENTATIVES, INVITEES OR GUESTS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, DAMAGES, JUDGMENTS, AWARDS, COSTS AND EXPENSES, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY AND EXPERT WITNESS FEES AND ALL OTHER LITIGATION AND COURT COSTS, INCLUDING LOST REVENUE OR DAMAGES FROM ILLNESS, BODILY INJURY OR DEATH TO ANY PERSON, AND FOR PHYSICAL DAMAGE TO ANY TANGIBLE PROPERTY (WHETHER REAL OR PERSONAL PROPERTY), WHICH GRIFFIN AND THEIR INVITEES, GUESTS, CONTRACTORS, SUBCONTRACTORS. AGENTS, SUBSEQUENT PURCHASERS OF THE PROPERTY, OR ANYTHIRD PARTY MAY EVER SUFFER ARISING OR ALLEGED TO HAVE ARISEN DIRECTLY OR INDIRECTLY FROM THE CONDUCT, OPERATION, OR MANAGEMENT OF GRIFFIN'S USE OF THE ENCROACHMENT AREA. 8. NO WARRANTIES. THE VILLAGE MAKES NO WARRANTY OF FITNESS, HABITABILITY, SUITABILITY (OR ANY OTHER IMPLIED WARRANTY) WITH RESPECT TO THE ENCROACHMENT AREA REGARDING THE USE AND/OR INTENDED PURPOSES CONTEMPLATED BY GRIFFIN. 9. ATTORNEYS' FEES. If either party is required to retain an attorney because of a breach of another party of any of the terms and conditions ofthis Agreement, the breaching party shall be liable to the non-breaching party for all reasonable attorneys' fees incurred, as well as any other costs incurred because ofs such breach. 10. PARTIES. This Agreement is binding upon the Village, Griffin, and their successors and assigns, including any subsequent owner or lien holder ofthe Property. 11. ASSIGNABILITY. Unless the Village has exercised its right(s) to terminate the Agreement, Griffin may transfer this Agreement to subsequent purchasers or heirs without additional Village approval. 12. NOTICE. Any notice or other communication given under this Agreement ("Notice") must be in writing and may be given: (a) by depositing it in the United States mail, certified, with return receipt requested, addressed to the party to be notified and with all charges prepaid; or (b) by depositing it with Federal Express or another service guaranteeing "next day delivery," addressed to the party to be notified and with all charges prepaid; (c) by personally delivering it to the party, or any agent of the party listed in this Agreement, or (d) by facsimile during regular office hours with confirming copy sent by one ofthe other described methods of notice set forth above. Notice by mail will be effective on the earlier of the date of receipt or three days after the date of mailing. Notice given in any other 01004435;2 -3- manner will be effective only when received. For purposes of notice, the addresses of the parties will, until changed as provided below, be as follows: Village: Village of Salado, Texas 301 N. Stagecoach Rd Salado, TX 76571 Attn: Village Administrator Fax: 254-947-5061 With Required Copy to: BickerstaffHeath Delgado Acosta LLP 1601 South MoPac Expressway Suite C400 Austin, Texas 78746 Attn: Josh Katz Phone: 512-472-8021 Fax: 512-320-5638 Griffin: William M. Griffin 13. GOVERNING LA W AND VENUE. This Agreement and the rights and obligations oft the Parties arising out of this Agreement shall be subject to, governed by, and construed in accordance with, the laws of the State of Texas. Venue for any action arising under this Agreement will be in a court of competent jurisdiction located within Bell County, Texas. 14. SEVERABILITY. In the event that any provision of this Agreement is held to be unenforceable or invalid by any court of competent jurisdiction, the parties hereto shall negotiate an equitable adjustment to its provisions with the view to effecting, to the extent possible, the original purpose and intent of this Agreement, and the validity and enforceability of the remaining provisions shall not be affected thereby. 15. COUNTERPARTS. The parties hereto may execute this Agreement in any number of separate counterparts, each of which when sO executed and delivered shall be deemed an original, but all counterparts shall together constitute one and the same agreement. All signatures need not be on the same counterparts. SIGNATURES ON FOLLOWING PAGE] 01004435:2 4 GRIFFIN By: William M. Griffin STATE OF TEXAS COUNTY OF BELL BEFORE ME, the undersigned authority, on this day personally appeared William Griffin, known to me to be the person whose name is subscribed to the foregoing Agreement and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, on the day of 2025. Notary Public, State of Texas My commission expires: (SEAL) 01004435:2 5 Village of Salado, Texas Bert Henry, Mayor STATE OF TEXAS 3 - COUNTY OF BELL S BEFORE ME, the undersigned authority, on this day personally appeared bert Henry, known to me to be the person whose name is subscribed to the foregoing Agreement and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, on the day of 2025. Notary Public, State of Texas My commission expires: (SEAL) 01004435.2 1 EXHIBIT A SURVEY AND PLAT DEMONSTRATING ENCROACHMENT AREA 01004435:2 -7- Surveyor's Sketch showing. LOT! FOUR (4), BLOCK TWO (2), MILL GREEK SECTION FOUR, a subdMvislon In Bell County, Texas, according. to the plat of record In Cabinet A, Sllde 46-B, Plat Records of Bell County, Texas. LO1 3 Cobinot A, Slido 46 D Re 42088' s MRON IRON A= 045814" Rop ser, S 06*583" E 125.10' sos ser L= 74.04 5 W Record Call Lol 4s 00'5013" C 124 477 CD= CB- 74.86' 00*032" K - Racord K Can - 20' BLDS LIE am ORKE 430 - ME A a 23 2 165' E LOT 4 < BLOCK 2 6 RO * a 3 as SET N 3 - % y EMCROACE ARPA T or e M * A & 3 iol FOUND RON & a Re 421.11" Aa 08-243 22" L. 62A0' ROM CB- N 63*3556" - 363 ser M GDs 6234 a eg 4 Record Col3 Zot 6 in B: d S a a Roy R: 341.77 a A= 14:0550" / 1; ROM Le 4634 POND NOLT / 3 CB= 5 04'3356" W % Ra 503.06' CD= 46.15' sovthvest a monmenis souheast lond comers ot the of u lot A 0123'44' Recora R: nere veed lor drectional control. L= 7538 L. RAL E" CBe N6313'15" W GD= 7533 Record R. Con: Lol 4 B AEAN for K C Properly lo DATE. ESose BECIVE NOVEHGER 4, 17 EE This sketch rapresents a survey mode on the the perlormance of this survay persors morking under my supervision gens D. and' along the boundarles and to the best of my knonledge thay oro os shon. The locotion ol visual structural Improvements wllh respect to the boundary Iines are as shorn. Based vpon vchat can be scoled from the grophks shorn on Federal Insuronce Rote Mop (FIRM), Community Panel No. 100100 92000 Doted. Febrvorysos the above shonn property DOES) NOLAREEAR.. within the "Special Flood Hazard Arec", and appeg to be sitvated in Zone "C. This Hlood statement does not Imply that this tract lll neyss does I create any liobilly In such event on the part ol this surveyor or compog - ALL COUNTY S SURVEYINS, INGA - Surveying 0B OVE Scale: so Mopping 103 Surveyed 2-5-98 . Construction Job Number 900204 1303 Sovth 2lst Street Layovt Dwg No. 9002092G. Temple, Texos 76504 Disk No. 2NGIQ34 254-118-2212 Killeen 254-634-4636 NW 1 RSL 03 Fax 254-774-7608 Surveyor not dole. ozosA a .91 5 - - 11 1 : - - f I 1 - & - I € 5 % a * A d a a - Agenda Item #5B Date Submitted: Agenda Date Requested: APRIL 14, 2025 Agenda Item: DISCUSSION AND POSSIBLE ACTION Project/Proposal Summary: 5. DISCUSSION AND POSSIBLE ACTION (B) DISCUSSION AND POSSIBLE ACTION ON APPROVING A RIGHT OF WAY ENCROACHMENT LICENSE AGREEMENT BY AND BETWEEN THE VILLAGE OF SALADO, A TYPE A GENERAL LAW MUNICIPALITY OF THE STATE OF TEXAS, AND SANCTUARY DEVELOPMENT COMPANY, LLC, A TEXAS LIMITED LIABILITY COMPANY. RIGHT OF WAY ENCROACHMENT LICENSE AGREEMENT THE STATE OF TEXAS - COUNTY OF BELL This Right of Way Encroachment License Agreement (this "Agreement") is made and entered into to be effective as of 2025 (the "Effective Date") by and between the VILLAGE OF SALADO, a Type A general law municipality ofthe State ofTexas (the "Village"), and SANCTUARY DEVELOPMENT COMPANY, LLC, a Texas limited liability company ("Licensee"). The Village and Licensee are sometimes referred to herein individually as a "Party" and collectively as the "Parties". RECITALS: WHEREAS, Licensee is the owner ofthat certain property located in the Village ofSalado, Bell County, Texas, whereby Licensee is currently developing said property as a mixed-used, master-planned community known as "Sanctuary Salado" (the "Development"); WHEREAS, the Village and Billie Hanks, Jr., Individually and as Trustee of the Hanks- Cabiness Christian Trust, dated May 20, 2005 and amended May 26, 2005, and November 13, 2009, BHHC Christian Development, LLC, a Texas limited liability company, BHHC Christian Development I, LLC, a Texas limited liability company, BHHC Christian Development II, LLC, a Texas limited liability company, BHHC Christian Development III, LLC, a Texas limited liability company, and Sanctuary Development Company, LLC, a Texas limited liability company, collectively defined therein as the "Owners", previously entered into that certain Master Development Agreement dated November 25, 2015 (together with any amendments, the DaelopmemAgremet). providing for such terms and agreements related to the Development; WHEREAS, pursuant to Section 9.02 of the Development Agreement, the Village agreed to fully cooperate with the Owners to complete road improvements outside the Land (as described therein) provided the Village incurred no expense in the construction of such improvements and the Owners or the Master Association (as defined therein) is responsible for the maintenance of any landscape, signs, fountains, lights or other such amenities allowed by the State ofTexas Depart ofTransportation ("TxDOT") to be located within the Village's right of way and only to the extent such maintenance is permitted by TxDOT; WHEREAS, pursuant to Exhibit C to the Development Agreement (Exceptions and Minimum Specifications to the Village of Code of Ordinances), under Section 5.7(b)(2) of the Salado Subdivision Code, for entryway features, the Owners may design and construct stone columns, arches, fountains, wooden gates or other such ornamental features, which may be illuminated and include lighting, subject to approval by the Sanctuary Architectural Review Board; and WHEREAS, Licensee requests that the Village grant a license to Licensee for the construction, installation, operation, maintenance, repair and replacement of certain improvements Right of Way Encroachment License Agreement located in the portion of the Village right of way depicted in Exhibit "A" which is related to the Development. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Village and Licensee agree as follows: AGREEMENT: 1. Recitals: Exhibits. The Village and Licensee hereby confirm that the Reçitals set forth above and exhibits attached hereto are true and correct and agree that such Recitals and exhibits are incorporated into this Agreement for all purposes. 2. Premises. The Village grants Licensee the right to use acres C square feet) being a portion ofthe right ofv way ofSouth Main Street (the "Right of Way"), as more particularly described and depicted in Exhibit "A" attached hereto and incorporated herein (the "Licensed Property"). The Village makes this grant solely to the extent ofits right, title and interest in the Licensed Property, without any express or implied warranties. 3. Purpose. The Village grants Licensee permission to use the Licensed Property solely to construct, install, operate, maintain, repair and replace any and all entryway features for the Development, including, but not limited to monument signs, wayfinding signs and promotional signs, and related landscaping, lighting and irrigation systems (the "Improvements"). 4. Consent to Encroachment. Subject to the terms of this Agreement, the Village consents to Licensee's construction, installation, operation, maintenance, repair, and replacement oft the Improvements on the Licensed Property. 5. Consideration. In consideration of the mutual promises contained in this Agreement, the receipt and sufficiency of which is acknowledged, Licensee is not required to pay any monetary consideration. 6. Damages and Destruction. The Parties acknowledge and agree that the Village shall not be obligated to restore or repair the Improvements, including irrigation systems, that may be removed, altered, damaged or destroyed as a result ofthe Village's use, maintenance, and repair ofthe Right of Way. In the event the Village causes damage to or destruction ofthe Improvements, Licensee covenants not to sue the Village, or pursue other remedies, legal or equitable, against the Village to recover costs of repairing or replacing the Improvements. Ifthe Village's uses of the Licensed Property substantially interfere with or destroy Licensee's use ofthe Licensed Property, or any Improvements placed thereon or therein by Licensee, then this Agreement shall automatically terminate and be ofno other force or effect, and Licensee shall immediately remove its Improvements at Licensee' 's sole cost and expense. 7. Term. This Agreement shall commence as ofthe Effective Date, and shall continue thereafter for SO long as the Liçensed Property is used solely for the purposes described in Section 3 oft this Agreement, subject to earlier termination as set out in Section 13 of this Agreement (the "Term"). Right of Way Encroachment License Agreement 2 8. Limit on License. The existence of this Agreement is expressly subordinate to the present and future right of the Village, its successors and assigns, lessees, and grantees, to construct, install, establish, maintain, use, operate, and renew any public utilities facilities, franchised public utilities, rights of way, roadways, sidewalks, lighting, or streets on, beneath, or above the surface ofthe Licensed Property (the "Facilities"). The Village may enter the Licensed Property without providing prior notice and without incurring any obligation to Licensee to remove the Improvements or any alteration thereof. Such removal will occur only ifthe Village deems it is necessary: (i) to exercise the Village's rights or duties with respect to the Licensed Property; (ii) to protect persons or property; or (iri) for the public health or safety with respect to the Licensed Property. 9. Conditions. (a) Repair or Relocation of Existing Facilities. Licensee shall be solely responsible for the payment of any and all costs required to repair damage to or relocate existing Facilities which are damaged, destroyed or need to be relocated as a result of activities under this Agreement by, or on behalf of, Licensee. (b) Remove or Modify Improvements. Licensee shall be solely responsible for the payment of any and all costs required to remove or modify any Improvements now existing or to be replaced if the Village reasonably determines that the Improvements need to be removed or modified. (c) Maintenance. Licensee shall maintain the Licensed Property by keeping the area free of debris and litter during the Term. Further, Licensee must timely and properly maintain all Improvements at Licensee's sole cost and expense. (d) Recording. Either Party shall have the right to record this Agreement in the Official Public Records of Bell County, Texas. 10. Electric Utility Fees. Notwithstanding any provision herein to the contrary, the Village shall be solely responsible for any and all electric utility fees for streetlights, traffic lights or any other existing electric utilities maintained by the Village located within the Right of Way, and Licensee shall be solely responsible for any and all electric, water, or gas utility fees for the Improvements. 11. Insurance. Licensee, at Licensee's sole cost and expense, shall provide a commercial general liability insurance policy with a combined single limit of not less than $500,000.00, written by a company licensed to do business in Texas. The coverage may be provided in the form of a rider and/or endorsement to a previously existing insurance policy. The insurance must cover all perils arising from the activities of Licensee, its officers, employees, agents, contractors and invitees related to the Improvements authorized to be placed in the Licensed Property by this Agreement. Licensee shall be obligated to pay all deductibles stated in the policy. The insurance must specifically name the Village as an additional insured and provide a waiver of subrogation in favor of the Village. A certificate of insurance evidencing coverage Right of Way Encroachment Liçense Agreement 3 must be provided and delivered to the Village with this executed Agreement. Licensee must ensure that the Village receives written notice of any cancellation, non-renewal, reduction, restriction or other limitation of the insurance policy, required to be provided 30 days prior to any of the above actions are taken on the insurance policy. A substitute certificate of insurance evidencing equivalent substitute insurance must be provided to the Village prior to the date shown on the notice. All certificates must affirmatively show that the Village is named as an additional insured. 12. INDEMNIFICATION. LICENSEE, ITS OFFICERS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS AND LICENSEES COLLECTIVELY, "LICENSEE") HEREBY FULLY INDEMNIFY, SAVE, AND HOLD HARMLESS THE VILLAGE, ITS OFFICERS, EMPLOYEES, AGENTS, LICENSEES AND INVITEES (COLLECTIVELY, THE INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, AND ACTIONS OF ANY NATURE WHATSOEVER, ON ACCOUNT OF PERSONAL INJURY (INCLUDING WITHOUT LIMITATION, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTYLOSS OR DAMAGE OF ANY KIND WHATSOEVER, WHICH ARISES OR IS CLAIMED TO ARISE, OUT OF OR IS, OR IS CALIMED TO BE, IN ANY MANNER CONNECTED WITH, CONSTRUCITON, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE IMPROVEMENTS ON THE LICENSED PROPERTY PURSUANT TO THE LICENSE, INCLUDING ANY INJURY, LOSS, OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES, OR ANY OF THEM. THIS INDEMNIFICATION PROVISION DOES NOT APPLY TO ANY CLAIMS, SUITS, DAMAGE, COSTS, LOSSES OR EXPENSES (I) FOR WHICH THE VILLAGE HAS BEEN COMPENSATED BY INSURANCE AS PROVIDED UNDER SECTION 11 OF THIS AGREEMENT, OR (II) ARISING SOLELY FROM THE WILLFUL ACTS OF THE VILLAGE; PROVIDED THAT FOR THE PURPOSES OF THE FOREGOING, THE VILLAGE'S ACT OF ENTERING INTO THIS AGREEMENT CANNOT BE DEEMED TO BE A "WILLFUL ACT". 13. Termination. (a) Termination by Licensee. Licensee may terminate this Agreement by delivering written notice oftermination to the Village not later than 30 days prior to the effective date of termination. Licensee shall remove all Improvements from the Licensed Property and restore the Licensed Property to its original condition within the 30-day notice period at its sole cost and expense. Failure to do SO constitutes a breach of this Agreement and authorizes the Village to notify Licensee of the costs of such removal and disposal and Licensee shall pay such costs within 30 days of such notice. The Village may file a lien against the Licensee's adjacent property and the costs of such removal and disposal if the Licensee fails to timely pay these costs. Right of Way Encroachment License Agreement 4 (b) Termination by the Village. Subject to prior written notification to Licensee, or its successor-in-interes, this Agreement is revocable by the Village if: i. The Improvements, or a portion of them, interfere with the Village's rights in the Right of Way; ii. Use of the Right of Way area becomes necessary for a public purpose; iii. The Improvements, or portion of them, constitute a danger to the public, which the Village deems not be remediable by alteration or maintenance of such Improvements; iv. Despite 30 days' written notice to Licensee, maintenance or alteration to the Improvements necessary to alleviate a danger to the public has not been made; V. Despite 30 days' written notice to Liçensee, Licensee has not provided certificates ofinsurance to the Village; vi. Licensee fails to properly and timely maintain the Improvements as set out in Section 8 ofthis Agreement; or vii. The Village determines that the Improvements are inadequate and Licensee fails to cure or cannot cure, after notice of, and opportunity to cure said inadequacy. The Village may not terminate this Agreement without notifying Licensee of any default and the Village's intent to terminate this Agreement. Licensee will then be granted at least 30 days to cure or remedy the default; provided, however, that if a default is based on a health and safety claim, the cure period may be less than 30 days, as set out in the notice of default. (c) Termination by Abandonment. If Licensee abandons or fails to maintain the Licensed Property, and the Village receives no substantive response within 30 days following written notification to Licensee, then the Village may remove and/or replace all Improvements. Licensee covenants to pay the Village's actual expenses incurred in connection therewith within 30 days after being billed therefor. All of the Improvements not removed are deemed property of the Village when abandoned by Licensee. 14. Eminent Domain. If eminent domain is exerted on the Licensed Property by paramount authority, then the Village will, to the extent permitted by law, cooperate with Licensee to cause the removal of Licensee's affected Improvements thereon, at Licensee's sole cost and expense. Licensee may retain all monies paid by the condemning authority for the Improvements taken, if any. Right of Way Encroachment License Agreement 5 15. Attorneys' Fees. In the event of any litigation concerning the subject matter ofthis Agreement, the prevailing Party will be entitled to recover from the other party reasonable attorneys' fees and court and collection costs. 16. Choice ofLaw. This Agreement will be construed under the laws of the State of Texas, without regard to choice of law principles in any jurisdiction. Venue for any disputes related to this Agreement will be proper only in courts of appropriate jurisdiction located in Bell County, Texas. 17. Assignment. Licensee shall not assign, sublet or transfer its interest in this Agreement without the prior written consent of the Village. Such consent shall not be unreasonably withheld, conditioned, or delayed, subject to the assignee's compliance with the insurance requirements set forth herein, if any, and the assignee's promise to comply with all covenants and obligations herein. Licensee shall provide the Village a copy of any such proposed assignment or transfer of any ofLicensee's rights in this Agreement, which must include the name, address, and contact person ofthe assignee, along with the proposed date of assignment or transfer. 18. Notices. All notices required or permitted hereunder shall be in writing and shall be served on the parties at the addresses set forth below. Any such notices shall, unless otherwise provided herein, be given or served (a) by depositing the same in the United States mail, postage paid, certified and addressed to the party to be notified, with return receipt requested, by overnight delivery using a nationally recognized overnight courier, (c) by personal delivery, or (d) by electronic mail addressed to the electronic mail address set forth below for the party to be notified with a confirmation copy delivered by another method permitted under this Section 18. Notice given in accordance herewith for all permitted forms of notice other than by electronic mail, shall be effective upon the earlier to occur of actual delivery to the address of the addressee or refusal of receipt by the addressee (even if such addressee refuses delivery thereof). Notice given by electronic mail in accordance herewith shall be effective upon shall be effective upon receipt. A party's address may be changed by written notice to the other party; provided, however, that no notice of a change of address shall be effective until actual receipt ofs such notice. Copies ofnotices are for informational purposes only, and a failure to give or receive copies of any notice shall not be deemed a failure to give notice. Notices given by counsel to Licensee shall be deemed given by Licensee and notices given by counsel to the Village shall be deemed given by the Village. For any provision that requires written notice, the notice being in writing is essential and required for substantial compliance with such provision. Ifto the Village: The Village of Salado 301 N. Stagecoach Salado, Texas 76571 Attn: Manuel de la Rosa, Village Administrator Email: mdelarosa@aladoi.goy With a copy to: Bickerstaff Heath Delgado Acosta LLP Two Barton Skyway 1601 S. MoPac Expressway, Suite C400 Austin, Texas 78746 Attn: Joshua D. Katz Right of Way Encroachment License Agreement 6 Email: atz@bickerstat.om Ifto Licensee: Sanctuary Development Company, LLC P.O. Box 733 Nemo, Texas 76070 Attn: Robert Sulaski Email: robert@sulaskico.com With a copy to: McLean & Howard, L.L.P. 4301 Bull Creek Road, Suite 150 Austin, Texas 78731 Attn: Jeffrey S. Howard Email: howard@mcleanhowardlaw.com 19. Default. IfLicensee fails to provide certificates ofinsurance, maintain the Licensed Property, comply with the requirements of Section 8 ofthis Agreement, or otherwise comply with the terms or conditions herein, then the Village shall provide Licensee written notice as set out in Section 18 of this Agreement. Licensee will have 30 days from the date of such notice to take action to remedy the failure complained or, or such lesser period if such is required, and ifLicensee does not satisfactorily remedy the same within that 30-day period, the Village may remedy the default or contract to remedy the default. However, if the default is a monetary default, Licensee must cure said monetary default within ten (10) business days of written notice by the Village. Licensee covenants to pay within ten (10) days of written demand by the Village, all reasonable costs and expenses incurred by the Village in remedying the default. Either Party may waive any default of the other at any time, without affecting or impairing any right arising from any subsequent or other default. 20. Compliance with Laws. Licensee covenants that all construction, installation, repair, maintenance and removal ofthe Improvements permitted by this Agreement must be done in compliance with all applicable Village, County, State and/or Federal laws, ordinances, regulations and poliçies now existing or later adopted. 21. Successors and Assigns. The provisions ofthis Agreement shall inure to the benefit of, and shall be binding upon, the Parties hereto and their respective successors and assigns. 22. Amendment. This Agreement may not be modified or amended, except by an agreement in writing executed and acknowledged by the Parties, or their successors or assigns, and filed for recording in the Official Public Records of Bell County, Texas. 23. Covenants Running with the Land. Without limiting the provisions of Section 22 of this Agreement, the Parties agree that the provisions of this Agreement will be deemed to be covenants running with the land. 24. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns and shall survive any conveyance by Licensee or its successors. Right of Way Encroachment License Agreement 7 25. No Third-Party Beneficiaries. Nothing in this Agreement, expressed or implied, is intended or may be construed to confer on any person or entity, other than the Parties and their respective successors and assigns, any right, remedy, or claim by reason of this Agreement. This Agreement is intended for the sole and exclusive benefit of the Parties and their respective successors, and assigns. 26. Counterparts. This Agreement may be executed in one (1) or more counterparts, each of which when taken together shall constitute an original instrument, and all counterparts shall constitute but one and the same instrument. Additionally, the Parties may exchange facsimile or electronically transmitted copies of this Agreement executed by the applicable Parties or Party. Each such facsimile or electronic transmission of an executed copy of this Agreement shall have the binding effect on the Party executing and delivery the same to the other Party hereto as if such copy where an executed original delivered by such executing and transmitting Party. 27. Severability. Ifany term, covenant or condition of this Agreement or its application to any person or circumstance shall be invalid or unenforceable, the remainder of this Agreement, or the application ofsuch term or provision to persons or circumstances other than those to which it is held invalid or unenforceable shall not be affected, and each term shall be valid and enforceable to the fullest extent permitted by law. [signature pagefollows) Right of Way Encroachment License Agreement 8 IN WITNESS WHEREOF, the parties have executed this Agreement to be effective as of the Effective Date set forth above. VILLAGE: VILLAGE OF SALADO, a Type A general law municipality of the State of Texas By: Name: Title: NOTARY ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF BELL This instrument was acknowledged before me on 2025, by as of the Village of Salado, a Type A general law municipality of the State of Texas, on behalf of said municipality. Notary Public in and for the State of Texas ATTEST: Village Secretary Right of Way Encroachment License Agreement o LICENSEE: SANCTUARY DEVELOPMENT COMPANY, LLC, a Texas limited liability company By: Billie Hanks, Jr., Manager NOTARY ACKNOWLEDGMENT STATEOF COUNTY OF This instrument was acknowledged before me on 2025, by Billie Hanks, Jr., as Manager of Sanctuary Development Company, LLC, a Texas limited liability company, on behalf of said company. Notary Public in and for the State of Right of Way Encroachment License Agreement 10 Exhibit "A" The Licensed Property [to be attached] Right of Way Encroachment License Agreement Exhibit "A" Agenda Item #5C Date Submitted: Agenda Date Requested: APRIL 14, 2025 Agenda Item: DISCUSSION AND POSSIBLE ACTION Project/Proposal Summary: 5. DISCUSSION AND POSSIBLE ACTION (C) DISCUSSION AND POSSIBLE ACTION TO APPROVE ORDINANCE NO. 2025- 10, AN ORDINANCE OF THE VILLAGE OF SALADO, TEXAS, ABANDONING A PORTION OF PUBLIC ROAD RIGHT OF WAY AND AUTHORIZING THE VILLAGE ADMINISTRATOR TO EXECUTE A CONVEYANCE OF THE SAME; AND PROVIDING FOR THE FOLLOWING: FINDINGS OF FACT; A SAVINGS CLAUSE; SEVERABILITY; REPEALER, EFFECTIVE DATE; AND PROPER NOTICE AND MEETING. 8LOCK3 BLOCK12 DDI AS OCU UMENT NO. 02301 1157 UBL BLOCKID GI BE BOCKG SUGGS. AANO oY YNIOF MARSHA CALLE 05 47, CRES DIK ASE CALLE FOQ 96 ACRES DL PA BINE LIDE OT OCK OLUME 62561 PAGES 568 ME B1 LA o CALAN RCQ 2 TICI PUBLC RECORD Ds AU JOYNION ADOTION HASE2 soT oCK: DOC ENTN 23 OFRICIA JBUK EC COR RDS OYN ASE BLOC 0 230 OFFICIAL PUBLI EC CORC BLOCKII OCKG - CALLED2 2897ACRES VOLUME 8, PAGE 376 - DEEDI REC 11.5 SAME PROPERIY DESCRIBEDI 36 E 30 SAVE 5 ENCEPI 0.056 ACRI I SA AIDROA SAVE EXCEPTI IRACIINVOL 893. PG402 VOL. 93 PG. 03 I. BLOCKA BLOCKIO o 00 U MEN 20 363 a A AS SURVEY SHOWING THEC CURRENT DEEDI LINES AND. APPORXIMATE LOCATION OF THE ORIGINALI TOWN MAP OS SALADO RECORDEDIN CABINEH, PAGE: 245A ANDI PAGE 407, DEED RECORDS, BELL COUNTY. - Quick Inc. TEXAS. AS REMAPPED ONI IN1 THE AIKIN ADDITION PLAT, RECORDEDI IN CABINE A. SLIDE 56A, PLAT RECORDS, BELL COUNIY, TEXAS ORDINANCE NO. 2025-10 "An ordinance abandoning and conveying a portion of the right of way of Center Street and Back Street." AN ORDINANCE OF THE VILLAGE OF SALADO, TEXAS, ABANDONING A PORTION OF PUBLIC ROAD RIGHT OF WAY AND AUTHORIZING THE VILLAGE ADMINISTRATOR TO EXECUTE A CONVEYANCE OF THE SAME; AND PROVIDING FOR THE FOLLOWING: FINDINGS OF FACT; A SAVINGS CLAUSESEVERABILITYA REPEALER, EFFECTIVE DATE; AND PROPER NOTICE AND MEETING. WHEREAS, the Village ofSalado. Texas (-Village" ) owns ani interest in land, specilically described on Exhibit "A" attached hereto and hereafter referred to as the "Land:" and WHEREAS, the Land consists of an approximately acre portion of the City's s right- of-way along Center Street and Back Street as well as a portion of the City's right-ofway along an unnamed roadway tot the south of Blocks 10 and 17 as identified in the 18591 Townl Plat. recorded in Cabinet H, Pages 245 and 407 ofthe Deed Records of'Bell County. Texas. and remapped on the Aikin Addition Plat, recorded in Cabinet A, Slide 156. Plat Records, Bell County. Texas. all which is not currently in use by the Village and for which the Village has no future use: and WHEREAS Water's Edge Townhomes LLC the "Owner" owns property adjacent to Commented [JK1): Need correct name of property owner Land; and of Sanctuary North tract WHEREAS, the Owner has requested that the Village convey the Land to the Owner for purposes consistent with the permitted uses ofthat property, and Owner will construct and convey to the Village the Main Street South extension other infrastructure improvements; and WHEREAS, pursuant to section 253.001 of the Texas Local Government Code, the Village can sell or convey land or an interest in land that is an abandoned part of a street right of way; and WHEREAS, pursuant to section 272.001(b) of the Texas Local Government Code, the Village may convey the Land to abutting property owners who own the underlying fee simple; and WHEREAS, in order to effectuale the conveyance of the property interest, the Board of Aldermen ofthe Village (the "Board")must adopt an ordinance abandoning thel I and and directing the Village Administrator to execute the conveyance: and WHEREAS, pursuant to the laws oft the State of Texas, including Chapter 51 ofthe Texas Local Govemment Code, the Board may adopt ordinances and rules that are for good government and necessary for carrying out the power granted by law to the municipality; and WHEREAS, the Board determined that the abandonment and conveyance of the Land is in the best interest ofthe citizens oft the Village; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE VILLAGE OF SALADO, TEXAS: SECTION I. FINDINGS OF FACT All of the above premises are hereby found to be true and correct legislative and factual findings of the Board of Aldermen of Salado, Texas and are hereby approved and incorporated into the body ofthis Ordinance as if copied in their entirety. SECTION 11. ABANDONMENT AND CONVEYANCE A. The Land consisting of approximately acres, which is owned by the Village and is a portion of the Center Street right-of-way adjacent to the Owner's property as described in Exhibit "A" attached hereto and incorporated herein. is hereby abandoned. B. The Village Administrator of the Village is hereby authorized to execute a conveyance of the Land to the Owner. SECTION III. SAVINGS The repcal of any ordinance or part of ordinances effectuated by the enactment of this Ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating. modifying or altering any penalty accruing or to accrue, or as affecting any rights of the Village under any section or provisions of any ordinances at the time of passage of this Ordinance. SECTION IV. SEVERABILITY Should any sentence, paragraph. subdivision, clause. phrase, or section of this Ordinance be adjusted or held to be unconstitutional, illegal, or invalid. the same shall not affect the validity of this Ordinance in whole or any part or provision thereof. other than the part sO declared to be invalid, illegal or unconstitutional. SECTION V. REPEALER The provisions of'this Ordinance shall be cumulativeofall other ordinances or parts of ordinances goveming or regulating the same subject matter as that covered herein: provided, however. that all prior ordinances or parts of ordinances inconsistent or in conflict with any of the provisions of this Ordinance are hereby expressly repcaled to the extent that such inconsistency is apparent. This Ordinance shall not be construed to require or allow any act that is prohibited by any other ordinance. SECTION VI. EFFECTIVE DATE This Ordinance shall take effect immediately from and alter its passage and publication as may be required by law. SECTION VII. PROPER NOTICE AND MEETING It is hereby officially found and determined that the meeting at that this Ordinance was passed was open to the public as required and that public notice oft the time. place and purpose of said meeting was given as required by the Open Meetings Act. Chapter 551 of the Texas Govemment Code. PASSED AND APPROVED this day of 2025. Bert Henry Mayor ATTEST: Teresa Spinks Village Secretary APPROVED AS TO FORM: Joshua Katz, Village Attorney Exhibit "A" SayahssNa-ESA DEED WITHOUT WARRANTY Notice of confidentiality rights: Ifyou are a natural person, you may remove or. strike any ora all oft the following information from thisi instrument before it is filed for record in the public records: your Social Security number or your driver's license number. Date: 2025 Grantor: Village of Salado, Texas Grantor' s Mailing Address: 423 Main Street Salado. Bell County, Texas 76571 Grantee: Water's Edge Townhomes LLC Commented [K2): Need correct name of property owner of Sanctuary Nonh traci, and mailing address Grantee" s Mailing Address: [Address) Consideration: Ten Dollars ($10.00) and other good and valuable consideration. the receipt and sufliciency ofwhich is hereby acknowledged. Property (including any improvements): [Property description), and described bymetesand bounds and mapon Eshibit A attached hereto. Reservations from and Exceptions to Conveyance and Warranty: All existing easements, rights-of-way, and prescriptive rights, whether of record or nol. including all utility and drainage easements, whether apparent or non-apparent. aerial, surface, or underground; all presently recorded and validly existing restrictions, reservations, covenants, conditions, oil and gas leases, mineral interests, and water interests outstanding in persons other than Grantor, and other instruments. other than conveyances ofthe surface fee estate, that affect the Property; existing rights ofadjoining owners in any walls and fènces situated on a common boundary; any discrepancies, conflicts. or shortages in area or boundary lines; any encroachments or overlapping ofi improvements: and taxes for the calendar year in which the Grantor executes this deed and subsequent years. which Grantee assumes and agrees to pay, and subsequent assessments for that and prior years due to change in land usage, ownership, or both. the payment ofwhich Grantee assumes. Grantor. for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells. and conveys to Grantee the Property. together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs. successors, and assigns forever. without express or implied warranty. All warranties that might arise by common law as well ast the warranties in Section 5.023 ofthe Texas Property Code (or its successor) are excluded. When the context requires, singular nouns and pronouns include the plural, GRANTOR: VILLAGE OF SALADO, TEXAS By: Village. Administrator, Village of'Salado, TX STATE OF TEXAS ) COUNTY OF BELL S This instrument was acknowledged before me. the undersigned authority, this day of 2025. by Manuel de la Rosa, the Village Administrator of the Village of Salado. Texas Notary Public, State of" Texas Exhibit "A" Map and Metes and Bounds Description Agenda Item #5D Date Submitted: Agenda Date Requested: APRIL 14, 2025 Agenda Item: DISCUSSION AND POSSIBLE ACTION Project/Proposal Summary: 5. DISCUSSION AND POSSIBLE ACTION (D) DISCUSSION AND POSSIBLE ACTION AUTHORIZING THE APPLICANT, SANCTUARY DEVELOPMENT COMPANY LLC, TO POST A CASH PERFORMANCE BOND IN THE AMOUNT OF $25,523.35, FOR THE SALADO SANCTUARY NORTH TRACT PROJECT, AND AUTHORIZING THE VILLAGE ADMINISTRATOR TO EXECUTE THE PERFORMANCE AGREEMENT. Village of Salado, Texas Performance Agreement Applicant Information: Sanctuary Development Company, LLC, a Texas limited liability company P.O. Box 733 Nemo, Texas 76070 Attn: Robert L. Sulaski Email: robert@sulaskico.com Village of Salado Information: Village of Salado, Texas, a Type A general law municipality of the State ofTexas 301 N. Stagecoach Road / P.O. Box 219 Salado, Texas 76571 Attn: Manuel De La Rosa Email: mdelarosal@saladoixgox Fiscal security type: Cash performance deposit Amount: $25.523.35 (the Performance Funds") Project: Salado Sanctuary North Tract WHEREAS, this agreement is entered into to be effective as of April 17. 2025 (the "Effective Date") by and between Sanctuary Development Company, LLC, a Texas limited liability company ("Applicant") and the Village of Salado, Texas, a Type A general law municipality ofthe State of Texas (the "Village") to secure compliance with the Village's Subdivision Ordinance, Section 3 (Subdivision Design Standards); and WHEREAS, upon the full execution of this Agreement, Applicant shall promptly deposit the Performance Funds with the Village; WHEREAS, the Village agrees to accept the Performance Funds and agrees to disburse the Performance Funds only in accordance with the terms of this Agreement. The Village hereby agrees to place the Performance Funds in a federally insured bank. WHEREAS, Applicant has agreed to complete all Improvements (as defined below) prior to April 17, 2026 (the "Completion Date"). The Village shall provide Applicant at least thirty (30) days' written notice to Applicant ofthe Village's intent to withdraw any or all ofthe Performance Funds to complete the Improvements (as defined below). In the event Applicant does not complete the Improvements (as defined below) after thirty (30) days' written notice by the Village, or if this Agreement has not be renewed or replaced with an acceptable agreement containing identical terms and conditions for an additional one (1) year term prior to the Completion Date, the Village reserves the right to use the Performance Funds to complete the Improvements (as defined below) and/or proceed with Section 6.5 ofits Subdivision Ordinance (Failure to Complete Improvements); and WHEREAS, Applicant has agreed to abide by all ordinançes of the Village, except as otherwise stated by an ordinance adopted by the Village Board of Aldermen (the "Board"), and has agreed that the construction of the improvements described in Attachment A (the Improvements") shall be in accordance with all plans, specifications, and conditions submitted to the Village by Applicant and accepted by the Village or otherwise included in the permit(s) granted by the Village for construction of the Improvements, which plans, specifications, conditions, and permit provisions shall be deemed a part hereof as if fully set out herein; NOW THEREFORE, the conditions of this Agreement are such that if the above bounded Applicant, or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and provisions in this Agreement and any alteration thereof made as herein provided, on Applicant's part, to be kept and performed at the time and in the manner herein specified, and in all respects according to the true intent and meaning, and shall indemnify and hold harmless the Village, its officers, agents, and employees as therein stipulated, then this Agreement shall become null and void; otherwise it shall be and remain in full force and effect and the Village may withdraw any or all of the Performance Funds pursuant to the Village's reservation of rights described above necessary to complete the Improvements. The Village shall honor requests from Applicant within five (5) days of presentment. The Village hereby agrees that Applicant's requests in accordance with this agreement shall be duly honored. Partial requests are permitted and the Performance Funds shall be reduced by the amount ofs such partial requests as well as by any reduction letters authorized by the Village. The sum of such partial requests shall on no account exceed the above-stated amount ofthe Performance Funds. This Agreement is irrevocable prior to the Completion Date unless both parties consent to its revocation in writing. Upon the completion of the Improvements by Applicant, and inspection and approval by the Village that the Improvements meet all Village requirements, the Village shall promptly return any remaining Performance Funds. Pursuant to Paragraph A of the First Amendment to Master Development Agreement dated effective November 30, 2022 between the Village and Sanctuary Property Owners (Sanctuary Community), the Village agrees that maintenance by Applicant or the appropriate property owner's association ofthe Improvements (i) shall not include maintenance of any roadways and / or utilities altered, upgraded, or replaced during such period by the Village or third-parties, and (1i) shall be in lieu of any maintenance or warranty bond requirements. As part of this Agreement secured hereby and in addition to the face amount specified thereof, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the Village in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. The Village hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of this Agreement or to the work to be performed hereunder or the specifications accompanying the same shall in any way affect its obligation on this Agreement, and the Village does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of this Agreement or to the work or to the specifications. SEVERABILITY. The provisions of this Agreement are severable, and if for any reason any one or more of the provisions contained in this Agreement shall be deemed to be invalid, illegal, or unenforceable in any respect, the invalidity, illegality, or unenforceability shall not affect any other provisions of this Agreement and this Agreement shall remain in effect and be construed as if the invalid, illegal, or unenforceable provision had never been contained in this Agreement. COUNTERPARTS. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which together shall be construed as one and the same instrument. [signature pagefollows) Executed to be effective as of the Effective Date set forth above Applicant: Sanctuary Development Company, LLC, a Texas limited liability company By: Robert L. Sulaski, Village: Village of Salado, Texas, a Type A general law municipality of the State ofTexas By: Manuel de la Rosa, Village Administrator Attachment A Authorized Improvements Sanctuary North Tract Performance Agreement Attachment A - Authorized Work Estimated Costs to Complete Item Description Cost 1 ROW Sidewalk Repair (60 sqft) - 1,320.00 2 Grading Repair $ 1,500.00 3 ROW Re-Vegetation and Irrigation (5% of $384,167) $ 19,208.35 4 2 Months SWPPP Inspections @ $345/Mo $ 690.00 5 RAS Certification & Repairs $ 2,805.00 6 Metal Beam Guard Fence ($13,682) in progress Total $ 25,523.35 Updated 4/11/2025 Agenda Item #5E Date Submitted: Agenda Date Requested: APRIL 14, 2025 Agenda Item: DISCUSSION AND POSSIBLE ACTION Project/Proposal Summary: 5. DISCUSSION AND POSSIBLE ACTION (E) DISCUSSION AND POSSIBLE ACTION ON THE SALADO SANCTUARY NORTH TRACT FINAL PLAT. Note: A 49.429-ACRE TRACT OF LAND SITUATED IN THE H.W. HURD SURVEY, ABSTRACT NO. 398 AND THE E.A. PITTS SURVEY, ABSTRACT NO. 651 IN BELL COUNTY, TEXAS, BEING THE REMAINDER OF SALADO VILLAGE AT EIGHT LAKES SUBDVISION, LOTS ONE, TWO, THREE, AND FOUR. The North Tract includes mixed use with commercial development and green space. Advancing Communities MRB Group February 14, 2025 Mr. Manuel De La Rosa, Village Administrator Village of Salado 301 N. Stagecoach Rd. Salado, TX 76571 Re: SANCTUARY NORTH RACT FINAL PLAT-REVIEW COMMENTS MRB Group Project No. 1963.22000.10-45 Dear Mr. De La Rosa, MRB Group has completed our review of the referenced project and finds the submission meets the Village of Salado's subdivision/plat requirements. However, the following items are pending completion for plat acceptance: 1. Sutton Easement 2. North Tract Wastewater Easements 2024041512 and 2024048459. 3. Easements north of the Sutton Easement to Royal Street. 4. Sanctuary North Tract Punch List completion or performance bond to complete the items. a. Clean and repair sidewalks. b. Adjust Water Valves. C. Adjust Illumination Poles. d. Adjust Meter Box. e. Grading. f. Vegetation. g. SWPPP. h. RAS Inspection. 1. Sanitary testing results. - MBGF. If you have any questions, please feel free to contact me. 303 W. Calhoun Ave, Temple, TX 76501 . (254) 771-2054 MRBGroup.com Advancing Communities MRB Group Sincerely, PE. & Solomon A. Thomas, P.E. Village of Salado Engineer (MRB Group) N963.22000.0001 10 - Plat and Plan Reviews 45 Sanctuary North TractySanclvary, North Plat Sanctuary North Plat Comments - 250214.docx C: Gina Pence Lee Lingenfelter Re: SANCTUARY NORTH TRACT FINAL PLAT-REVIEW COMMENTS Mr. Manuel De La Rosa, Village Administrator Village of Salado February 14, 2025 88 8 5 - i: - Hl : I 5 urs AE 58 "yyi 52121 pige 2 B - a 1 : s a g - B 1 B e 3 0i 5 es 55 - 8 E a : S - 3 - 94 9 I 95 - : st isi 7 . - a I *9 1 a 4 - e : a aii - a 8 y - . 9 9 - s - a a - € 1 , B x 6 - : - asi a € I 4 M vi : 1 - - a a - a N i i - E s 4 9 s 5 m a - * : d ai : 3 E 5 - 6 E L & 35y3 a a : 1 61 a : * a : 49 3 E 44 r * : ty 32 . 4 4 * F %, - % 4 E - A : - : E s E : 121 4 pgE I % A * 2g 7 E - E a A MH * B a Ta - E & COLEOEH at DANVE - a - AA 5 1 MM oou MV I j 4 a 3 - shna E: 3 3 4 3 - I - S - - 1 - - 8 d - - a - 1 L a A - AAEAPEMASAEAN a YPT taei s a 3 3 a - * - e K V E 3es 8R $ FARM MT * 2 * -