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HomeMy WebLinkAboutLegal Document\ ~: f 1 D c, STATE 0 F TEXAS COUNTY OF B~AZOS DEVELOPMENT AGREEMENT This A reement is entered into this the day of _, g 1994 b and between the CITY OF COLLEGE STATION jhereinafter. referred to as ~. y "CITY" WILLIAM C. LIPSEY TRUSTEE,: hereinafter referred. to as "SUBDIVIDER"} }~ ~ ~ and Mr. Ga and Dr. Lorene Hen hereinafter referred to as "HENRYS"}. ~ ~~ WHEREAS SUBDIVIDER owned a 21.34 acre. parcel of land .located witf~in .the .Extraterritorial Juri diction hereinafter referred to as "ETJ"} of the City of College 4 Station, Brazos County, Texas, described in Exhibit A; and WHEREAS, it is the osition of :CITY that Texas _Local Government Code p 21.2.004 Texas Revised Civil Statutes, requires that the owner of a tract of land located within the extraterritorial jurisdiction of a municipality wha divides the tract into two or more arts to la out a subdivision of :the tract must :have a plat of the subdivi- p Y ~sion prepared; and WHEREAS, CITY throw hits City Council has adopted rules governing plats and. 9 subdivisions of land within its jurisdiction and such jurisdiction includes land I©cated within the limits of the City as well as its ETJ; and uVHEREAS, it is the position of CITY that.. Chapter 9 of .the .City. of College Station Code of Ordinances requires that all owners who subdivide a lot, tract or parcel of land ocated within City Limits or in its ETJ into two or more parts,:, lots, or sites for the purpose, whether immediate or future, of sale., division of ownership, or .building development shall prepare and submit a pleat for approval to CITY;: and WHEREAS, HENRYS have purchased and SUBDIVIDER has old a 5:87 acre parcel out of the 21.34 acres; and jsJe%cr94~foxcrek2 ?0/2114 \. 9 WHEREAS SUBDIVIDER has reviousi a reed to prepare a plat and, submit it p Yg to c ITY for review and approval..; and WHEREAS :SUBDIVIDER rovided that lot for CITY's .review and considera~- _p p tion; and WHEREAS HENRYS ob'ected to the inclusion of a sixteen foot wide. ovErhead 1 electric utilit easement across the or#ion of their tract that fronts on Frost Drive; and y p WHEREAS CITY desires to facilitate an agreement which will result in the approval of a final plat; and WHEREAS DEVELOPER a reds that he is required to pay parkland dedication g fees ursuant to ordinance No. 1265; and p WHEREAS this a reement is onl intended to provide for the filing of the sub- g Y division laf and the ayment of parkland dedication fees; p p NOVU THEREFORE, in consideration of the. mutual promises and covenants ~_ contained herein, the parties agree as follows: 1. The subdivision Iat re tired by Municipal Development Group for p p p SUBDIVIDER shall be changed to reflect the following: a. The dedication of a sixteen foot X16'} wide underground electric utilit easement on Tract A the 5.87 acres owned by HENRYS. Y This easement..shall be restricted to the installation of..underground electric utility service. The cost. of installation of underground shall be pursuant to the then existing College Station ordinance pertain- ing to underground electric utility .service. and shall be paid by HENRYS when C1TY determines: that the installation of the line is necessary:...... b. The dedication of a ten foot ~10'~ wide utility easement which shall extend the length of the HENRYS tract on the west property line. js/c%ct94/foxcreek 2. SUBDIVIDER shall a arkland dedication fees in the amo~ant of pyp_ on or before December 31,_ 1994. 3. If it is determined that the CITY OF COLLEGE STATION had no authority to enter into this Develo merit A regiment, then SUBDIVIDER and HENRYSagree that p g the shall immediate) make the re wired -dedication as -authorized by State, Federal y y q and local ..law includin the Cit of Colle a Station Zoning Ordinance and: Subdivision _g y g Re ulatons each art bein considered to be returned to the positron he wras in g ~ p Y 9 before this Develo merit A regiment was entered. Further, SUBDIVIDER and HENRYS p g hereb release reln wish and dischar e CITY,:. its officers,.:. agents and employees, y a g from all claims demands and causes of action arising out of or pertaining to this IDevel- opmentAgreement 4. This Develo merit A regiment -has been made under and shall be p 9 overned b the laws of the State of Texas. This ..agreement shall be performed in 9 Y Brazos Count , ;:Texas, and venue shal lie in a court of competent jurisdiction in Brazos Y County, Texas.... Executed this the day of , .1994. V1~ILLIAM C. LIPSEY, TRUSTEE CITY OF COLLEGE :STATION BY: BY: WILLIAM C. LIPSEY LARRY RINGER, MAYOR ATTEST: Connie Haoks, City Secretary APPROVED: Ron Ragland, City Manager jx/cJoct94/foxcreek P TH E STATE O F TExAS ACKNOWLEDGMENT COUNTY t~F BRAZOS Before me the undersi ned authort , on this day personally appeared LORENE i g y HENRY known to erne to be the erson whose name is subscribed to the foregoing p instrument and acknowled ed to me that she executed the same for the purposes and consideration therein expressed. l Given under m hand and_seal of office on thin the _ day y of ,1994. ~ _ Notary Public in and for ~, the State of Texas ~~ THE STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF BRAZOS ,~ Before me, ..the undersi ned authority, on this day persona ly appeared GARY g HENRY known to me to be the erson whose name is subscribed to the foregoing p instrument,: and acknowledged to me hat he executed the same for the purposes and consideration therein ex ressed. p Given under my hand and seal of office on this -the _ day i of - ,1994. Notary Public in and for the State of Texas a a ,~s/c%c~94/foxcreek i I ,,- ~- `~ ~ ~ I \ ~;~ to ~ UTILITY EASEMENT FALCO & FALCO ATTORNEYS AT LAW P.O. BOX 907 NAVASOTA, TX 77868 SPECIAL DURABLE POWER OF AT~RNEY FOR REAL ESTATE TRANSACTIONS Date : p~y~~,,r / 1993 Principal: WALTER BUSSE Principal's Mailing Address (including County): P. O. Box 1327, Navasota, Grimes County, Texas 77868 Principal's Social Security Number: ~~ ,l-1~-:~~Z~ Agent: RONALD C. BUSSE Agent's Mailing Address (including County}; P. 0. Box 1327, Navasota, Grimes County, Texas 77868 Agent' s Social Security Number : ~"j = r6--. /f5ti Effective Date: ~-~~,Q / , 1993 Property: All that certain tract or parcel of land described on Exhibit "A" attached hereto, incorporated herein by reference and made a part hereof as fully and to the same extent as if copied herein verbatim. Powers Given With Respect to the Property: (1) enter into real estate listing agreements offering the property for sale at any price, on any terms and with any commission agreement; (2) contract to sell the property for any price, on any teens; (3) convey the property; (4) execute and deliver any legal instruments relating to the sale and conveyance, including but not limited to General and Special Warranty Deeds binding principal with vendor's liens retained or disclaimed as applicable or transferred to a third party lender, affidavits (e.g., Federal Tax Statements), notices, waivers and designations; {5) accept Notes, Deeds of Trust and other legal instruments; (6) approve Closing Statements authorizing deductions from the sale price; (7) receive principal's net sales proceeds by check payable to principal; (8) indemnify and hold harmless any third party who accepts and acts un- der this Power of Attorney; and (9) do everything and sign everything necessary or appropriate to sell the property and accomplish the powers set out. Principal appoints Agent to act for Principal in accordance with the pow- ers given with respect to the property, and Principal ratifies all acts done pursuant to this appointment. Agent's authority shall begin on the effective date and end by Principal's signing an instrument revoking this Power of Attor- ney and filing it for record in the Real Property Records of Brazos County, Texas. This Power of Attorney is not affected by my subsequent disability or incapacity. Principal binds Principal and Principal's heirs and personal representa- tives to indemnify and hold Agent harmless from claims, demands, losses, damag- es, actions and expenses that Agent may sustain or incur in connection with carrying out the authority granted to Agent in this Power of Attorney. I agree that any third party who receives a copy of this document may act under it. Revocation of the Durable Power of Attorney is not effective as to a third party until the third party receives actual notice of the revocation. I agree to indemnify the third party for any claims that arise against the third party because of reliance on this Power of Attorney. Signed this ~ day of ~,~.2. , 1993. THE STATE OF TEXAS * COUNTY OF GRIMES * ~1 ` WALTER BUSSE, Principal ~~~ b ~~ Witness Address: (~ ?.1" r fitness Address: 3 ~~ Before me, the undersigned authority on this day appeared WALTER BUSSE, (~~ ~~~?lk;&~y,~JO- and ~~~~J~e~ ,known to me to be the Principal and witnesses, respectively, whose names are subscribed to the foregoing Power of Attorney, in their respective capacities, and all of said persons being by me duly sworn, the said WALTER BUSSE, Principal, declared to me and to the said witnesses in my presence, that said instrument is his Power of Attorney, and that he had willingly made and executed it as his own free act and deed, for the purposes therein expressed; and upon their oaths, each witness stated fur- ther that they did sign the same as witnesses in the presence of the said principal and at his request, and that he was at that time eighteen (18) years of age or over and was of sound mind; and that each witness was then at least eighteen (18) years of age. Subscribed and acknowledged before me by the said WALTER BUSSE, and sub- scribed and sworn to fore me by the said ~~~ Bf~/f~$,c.Uand ~~ ' o witnesses, on this ~ day of /~{ob~ , 1993. ,~ JOE S . FALCO , JR . ~' Na4~Y Price ' '' STA7g 0¢ TEXA8 ~ ~ ~h Gmma. Ems. ;!~'- 30.1tIG~ NOTAR PUBL C, AT F TEXAS My Commission Expires: ~r~3a ~,~ ~,'?7i~" ~i~f lc..;. (Printed Name of Notary) n ss FIRST TRACT: All that certain tract or parcel of land lying and being situated in Brazos County, Texas, and being 0.50 acre tract of land lying and being situated in the Robert Stevenson League, Abstract No. 54, Braz- os County, Texas, and being a portion of an 11.772 acre tract conveyed to Ray Dyer, Inc. by John A. Sage, Trustee, by Deed recorded in Volume 513, Page 522, Deed Records of Brazos County, Texas, and being more particularly described as follows: BEGINNING at the West corner of the said 11.772 acre tract, same lying on the Southeast right-of-way line of Barron Road; THENCE N 45° 13' 06" E along the Southeast right-of- way line of Barron Road for a distance of 30.00 feet to the PLACE OF BDQNNING; THENCE continuing N 45° 13' 06" E along the Southeast line of Barron Read for a distance of 100.00 feet to a point for corner; THENCE S 43° 52' 40" E for a distance of 217.80 feet to a point for corner; THENCE S 45° 13' 06" W for a distance of 100.00 feet to a point for corner; THENCE N 43° 52' 40" W for a distance of 217.80 feet to the PLACE OF BEGINNING. SECOND TRACT: Being a 0.50 acre tract or parcel of land lying and being situated in the Robert Stevenson League, Abstract No. 54, Brazos County, Texas, and being a portion of an 11.772 acre tract heretofore conveyed to Ray Dyer by John Sage, Trustee, by Deed recorded in Volume 513, Page 522, of the Deed Record s of Brazos County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at the West corner of the said 11.772 acre .tract, game lying on the Southeast right-of-way line of Barron Road; THENCE N 45° 13' 06" E along .the Southeast right-of- way line of Barron Road for a distance of 130.00 feet to the PLACE OF BEGINNING; THENCE cont inuing N 45° 13' 06" E along the Southeast right-of-way line of Barron Road for a distance of 100.00 feet to a point for corner; THENCE S 43° 52' 40" E for a distance of 217.80 feet to a point for corner; THENCE S 45° 13' 06" W for a distance of 100.00 feet to a point for corner; THENCE N 43° 52' 40" W for a d istance of 217.80 feet to the PLACE OF BEGINNING and containing 0.50 acres of land, more or less. ether with all rovements situated thereon. --- - - ~9 -- - ------ EXHIBIT "A"