HomeMy WebLinkAboutLegal Documents
-..,'
.
'- -~,.--
/
'...~.....
AGREEMENT INCIDENT TO DEVELOPMENT
PURSUANT TO THE ORDINANCES AND SUBDIVISION
REGULATIONS OF THE CITY OF COLLEGE STATION.
THIS IS AN AGREEMENT, by and between the City of College Station,
hereinafter CITY, and Raintree Development Joint Venture, hereinafter
DEVELOPER.
DEVELOPER is in the process of developing certain residential
lots in the subdivision platted as RAINTREE, Section 4, according to
the final plat thereof recorded in Vol. 474, Page 781 of the Deed
Records of Brazos County Texas.
The lots being developed are
presently zoned Rl, which zone requires a twenty-five foot rear set
back.
The CITY Zoning Official has determined that the structures
planned, designed, and
presently being implemented on site do not
conform to the rear set back requirement of twenty-five feet. At this
time the DEVELOPER has a number of units staked out upon the ground,
with foundation forms built, and has approached CITY to seek an
alternative to immediate
code
enforcement
under the existing
circumstances. DEVELOPER agrees that the structures planned and being
constructed upon the site are not in compliance with the CITY
ordinance for the Rl zone.
In consideration of the temporary forbearance of the enforcement
of CITY'S zoning ordinances and subdivision regulations, and in
consideration of the DEVELOPER's compliance with this agreement, the
parties do hereby covenant and agree:
1 . The DEVELOPER will initiate a re-zoning request seeking to
obtain a re-zoning of the property from its present R1 status to the
status of R1A, under which second status, the set backs on site would
be lawful and in compliance with City ordinances. The construction
and development presently being implemented on site is anticipated to
conform to the R1A zone, and the City Planning and Engineering staff
supports the requested change to R1A.
9.1-/()4
2. It is understood and agreed that the CITY, by and through its
CITY staff, cannot and does not hereby agree to the re-zoning of the
property to R1A, the re-zoning of such property being a legislative
function of the City Council, and required to be performed in
accordance with State law and City ordinances. It is further
understood and agreed that the temporary forbearance of enforcement
under the existing circumstances, and in the present R1 zone, does not
and shall not estop the CITY from future enforcement of its
ordinances, or otherwise affect the enforcement of same. DEVELOPER
agrees that CITY's voluntary non-enforcement pending the outcome of
DEVELOPER's re-zoning request shall not be the basis for any reliance
by the DEVELOPER.
3. In the event that DEVELOPER's request for re-zoning from R1
to R1A is denied after full consideration by the Planning and Zoning
Commission and the City Council, DEVELOPER agrees to replat each of
the lots listed on the attached Schedule "A" in such a manner as to
extend the depth of such lots by five feet, thereby bringing such lots
into compliance with City Ordinances as to set backs based upon the
present or proposed location of structures thereon. DEVELOPER
represents and warrrants that it has title to the property described
on the attached Schedule "B" and that it has the legal capability and
authority to replat the referenced lots including respecti~e five foot
(5') portions of such property within said lots. DEVELOPER further
agrees that in the event of its default hereunder, the CITY may
enforce its ordinances as to the platted lots by the non-issuance of
certificates of occupancy, refusal to supply CITY services including
water or electricity, a suit for injunctive relief, or by specific
preformance of this agreement to accomplish the platting of lots
listed and described on Schedule "A" with an additional five feet in
depth.
Executed this?Z ....\ day of ~,G.,---,,,Q,_"-_
19~.
9;L//~iL