HomeMy WebLinkAboutLegal Documentsr••+' DEVELOPMENT AGREEMENT
r n A ne ASiis entered into this the day of 1997, by and
` aween the CITY O aEGE STATION, TEXAS, a Texas Home-Rule Municipal Corporation (hereinafter
M
BZAZGS YTy ii0l1SE
ref rt ` ~ . ' - "C' and POOH'S PARK DEVELOPMENT, LTD., a Texas Limited Partnership
BY
(hereinaf i+ fred to "Pooh's Park").
WHEREAS, Pooh's Park is the owner of an approximate fourteen (14) acre tract depicted and described
on the survey attached hereto as Exhibit "A" (hereinafter referred to as "Property"); and
WHEREAS, Pooh's Park is currently zoned `VPC Wolf Pen Creek Development Corridor" which has
specific development requirements for properties in the floodway and minimum reservation area as addressed in
Section 7.21D of Ordinance 1638, the Zoning Ordinance of the City of College Station; and
WHEREAS, the WPC District requires the development or dedication of the floodway and minimum
reservation area to City to conform with standards of the Development Corridor, and
WHEREAS, development may be permitted within the floodplain upon submission and approval of a
reclamation plan by the City Engineer; and
WHEREAS, a portion of the Property is within the floodway and floodplain; and
WHEREAS, Pooh's Park has requested the rezoning of the Property from WPC to C-1, General
Commercial; and
WHEREAS, as a condition of the rezoning, the City Council required Pooh's Park to comply with the
City's Wolf Pen Creek Zoning Ordinance by dedicating to the City or developing the floodway and minimum
reservation area required by the Zoning Ordinance, as determined by the Nathan D. Maier Wolf Pen Creek
Revised Existing Conditions Study;
NOW THEREFORE, for and in consideration of the recitations above, and in, consideration of the
promises and covenants herein expressed, the parties hereby agree and covenant as follows:
1. At or before the time of development of the Property, Pooh's Park agrees to and shall dedicate to the
City the portion of the Property that is contained in the floodway as reflected in the Nathan D. Maier Wolf Pen
Creek Revised Existing Conditions Study or as amended, as required in Section 7.21D of Ordinance No. 1638,
the Zoning Ordinance, said portion estimated as approximately four (4) acres of the Property; hereinafter referred
to as the "Wolf Pen Creek Dedication".
2 At or before the time of development of the Property, Pooh's Park agrees to and shall dedicate to
the City a strip of land hereinafter referred to as the "minimum reservation area' adjacent to the Wolf Pan Creek
Floodway Dedication, said strip of land being twenty feet (20) wide, subject to verification by a survey and in
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accordance with an engineering study as required by Section 7.21D of the Zoning Ordinance. The remainder of
the Property, including land in the floodplain, maybe developed in accordance with the requirements contained in
Section 7.21D of the Zoning Ordinance and the City's drainage policies, ordinances, and other applicable
development codes.
In conjunction with the aforementioned dedication, and at the time of site plan development, Pooh's
Park, its heirs or assigns, agrees to dedicate to the City a maintenance access easement at a location
mutually agreed upon that begins at the Kyle Road right-of-way and terminates at the minimum reservation
area. This easement shall be ten feet (10) in width. Pooh's Park shall construct the maintenance access
easement as a permanent all-weather surface as defined in the City's Zoning Ordinance.
3. At or before the time of development of the property, Pooh's Park, at its sole cost, shall provide or
cause to be provided to the City, a sealed metes and bounds description of the Property indicating the demarcation
line of the floodway and minimum reservation area with a diagram prepared by a surveyor licensed to practice in
Texas.
4. The above-referenced dedications will be made in compliance with, and fulfillment of all of the
requirements of Section 7.21E of Ordinance No. 1638, the Zoning Ordinance. No construction of improvements
within the dedication areas will be required of Pooh's Park Notwithstanding the aforementioned dedication,
Poolfs Park shall comply with any other applicable drainage requirements, including but not limited to Chapter
13 of the City of College Station Code of Ordinances and related drainage policies and regulations. The
floodplain area may be reclaimed for development at the time of site development in accordance with applicable
codes and ordinances as they exist at the time of this Development Agreement.
5. At or before the time of development of the property, Pooh's Park agrees to construct Kyle Road on
the area of the applicant's property so designated by City and on the City's existing right-of-way to the east on
adjacent property in accordance with all standards that are in effect at the time of construction. The area of the
street shall be a forty-seven foot (47') wide section commencing at Holleman to a point three hundred eighty feet
(380') north of Holleman. Pooh's Park shall convey a right-of--way easement to the City within ten (10) days of
the approval of this Agreement by the College Station City Council.
The City will pay the appraised value for the all of the Kyle Road right-of--way located on the Property
when Pooh's Park constructs Kyle Road and it is accepted by the City. The appraised value shall be determined
by an average of two appraisals, one obtained by Pooh's Park and one obtained by City. All appraisals shall be
prepared by MAI appraisers. Each ply shall pay for its own appraisal. If the difference in appraised value
between the two appraisals exceeds fifteen percent (15%) then either party may: (a) agree on the average of the
lowest appraised value and the lowest appraised value plus fifteen percent (15%); or (b) elect to obtain a third
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independent MAI appraisal to conclusively establish the appraised value of the property. The cost of the third
appraisal shall be shared equally by both parties and the appraiser selected shall be upon mutual agreement.
The City further agrees to and will waive the right to any future assessment for the construction of the
remainder of Kyle Road on the applicant's property. If City elects at its sole option to design and construct the
road before Pooh's Park develops the property and constructs the road, then City shall construct it at City's
expense and said costs shall be in lieu of any payment to Pooh's Park for the purchase of said right-of--way.
6. The City agrees to and shall abandon all of its right, title and interest, if any, in Poop's Lane to Poop's
Park by enactment of an ordinance. City shall waive the fee of Two Hundred Fifty Dollars ($250.00) for
abandonment of the right-of-way as well as the payment for the fair market value of the surface estate being
abandoned. However, Pooh's Park shall provide to the City, at its sole cost and expense, a sealed metes and
bounds description prepared by a licensed surveyor of Pooh's law for use by the City to prepare the ordinance
abandoning the right-of--way.
7. City agrees to waive the Two Hundred Dollar ($200.00) fee for preparation of this Agreement as
established by the City Council. However, Pooh's Park shall be responsible for reimbursement of the City's legal
staff time in the amount of Five Hundred Fifty Dollars ($550.00) spent in preparation of this Agreement as per
Council's policy to be paid prior to Council consideration of the Development Agreement.
8. INDEMNIFICATION: Pooh's Park agrees to and shall indemnify, hold harmless, and defend
the City, its officers, agents, and employees, from and against any and all claims, losses, damages, causes of
action, suits and liability of every kind, including all expenses of litigation, court costs, and attorney's fees,
for injury to or death of any person, or for damage to any property, or for breach of contract, arising out
of or in connection with this Agreement, the work to be performed hereunder, and the properties
designated, regardless of whether such injuries, death, damages, or breach are caused in whole or in part
by the negligence of the City.
9. RELEASE: Poop's Park, its successors-in-interest and. assigns, hereby release, relinquish and
discharge the City, its agents, officers, and employees, from all claims, demands, and causes of action of
every kind and character, including the cost of defense thereof, for any loss of or damage to property
(whether property of either of the parties hereto, their employees, or of third parties) that is caused
by or alleged to be caused by, arising out of, or in connection with this development agreement. This
release shall apply regardless of whether said claims, demands, and causes of action are covered in
whole or in part by insurance and regardless of whether such loss, or damage was caused in whole or
in part by the negligence of the City.
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10. It is understood that this Agreement shall be governed by, and construed and enforced in accordance
with, and subject to, the laws of the State of Texas. The parties agree that performance of this Agreement shall
take place in Brazos County, Texas, and that venue shall he in a court of competent jurisdiction in Brazos
County, Texas.
11. The parties agree that they have read the terms of this Agreement and familiarized themselves with
the requirements hereunder and agree that they understand their rights and responsibilities hereunder.
12. It is understood and agreed that this Agreement shall be binding upon and shall inure to the benefit
of the parties and their respective heirs, lessees, representatives, successors, and assigns.
13. It is understood that this Agreement contains the entire agreement between the parties and
supersedes and all prior agreements, arrangements, or understandings between the parties relating to the subject
matter. No oral understandings, statements, promises or inducements contrary to the terms of this Agreement
exist. This Agreement cannot be changed or terminated unless in writing and agreed to by both parties.
14. The parties executing this Agreement state that they are each authorized to sign on behalf of their
respective corporations. Owner shall provide proof of his authorization to enter into this Agreement.
Dated this the day of ~Y~-~Ztn'~C1Zty _ 1997.
POOH'S PARK DEVELOPMENT, LTD
BY: E'Q c 4 'J ~4Qa_
Printed Name: E l a r W, a It
Title: ~~:;Aa,-* e~ 1 a Ad .m r-9% - RAW,
CITY OF COLLEGE STATION, TEXAS
BY: Lz~( PA--a ~Im
LYNN II.HANEY, Mayor
ATTEST:
0't~ uc~~~
CONNIE HOOKS, City Secretary
AP VED:
OR K. NOE, City Manager
APPROVED AS TO FORM:
~GQ/1vYle
ROXANNE NEMCIK, Acting City Attorney
ATO FIN G:
E E irector of Fiscal Services
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STATE OF TEXAS
COUNTY OF BRAZOS
•
ACKNOWLEDGMENT
This instrument was acknowledged on the //4 day of 1997
by LYNN McILHANEY, in her capacity as Mayor of the City of College Stati n, Texas, a Texas Home
Rule Municipality, on behalf of said municipality.
USA A. HuGHEs
Notary ftft 8WO of Toxes
Notary Public in and for
the State of Texas
STATE OF -
EE xA,s-
COUNTY OF BRA Z os
ACKNOWLEDGMENT
This instrument was acknowledged on the / Z 4 day of / e-1, P k~ s, , 19972
by Oorat W. Dalp, P, of ef' Dom aee ~ the as C-re'K e-,rQ1 ➢a ~f„P. of POOH'S PARK
DEVELOPMENT, LTD., a Texas limited partnership, on behalf of said limited partnership.
RICHARD D. TAWERT
* * NOTARY PUBLIC
State of Texas
~rEOFComm Exp 12-23.98
Notary Public in and for
the State of
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EXHIBIT A
METES AND BOUNDS DESCRIPTION
OF A
14.7412 ACRE TRACT
MORGAN RECTOR LEAGUE, A46
COLLEGE STATION, BRAZOS COUNTY, TEXAS
Metes and bounds description of all that certain tract or parcel of land, lying and being
situated in the Morgan Rector League, Abstract No. 46, College Station, Brazos County, Texas.
Said tract being comprised of the following tracts of land:
1.) The remainder of a called 33.36 acre tract as described by a deed to Don R. Dale,
recorded in. Volume 275, Page 113 of the Deed Records of Brazos County,
Texas;
2.) All of a called 4.70 acre tract as described by a deed to Don Dale, recorded in
Volume 275, Page 31 of the Deed Records of Brazos County, Texas;
3.) The remainder of a called 4.68 acre tract as described by a deed to Don R. Dale,
recorded in Volume 317, Page 50 of the Deed Records of Brazos County,
Texas;
4.) All of a called 0.877 acre tract of land as described by a deed to Don R Dale,
recorded in Volume 275, Page 28 of the Deed Records of Brazos County,
Texas;
5.) The Northwest 10 feet of a called 1 acre tract as described by a deed to Don K
Dale recorded in Volume 314, Page 425 of the Deed Records of Brazos
County, Texas;
Said tract being more particularly described by metes and bounds as follows:
BEGINNING at a 5/8 inch iron rod set marking the South corner of a called 8.0 acre tract as
described by a deed to Phillip G. E. Vandekerckhove, recorded in Volume 566, Page 328 of the Deed
Records of Brazos County, Texas and the East corner of a called 33.36 acre tract, said iron rod also
being on the Northwest line of Lot 7, Block 4 of the aforementioned Pooh's Park Subdivision, Section
One;
THENCE: S 41 ° 31' 31" W along a Northwest line of said Pooh's Park Subdivision for a distance
of 655.75 feet to a 5/8 inch iron rod set at the North corner of Pooh Lane (50' R.O.W.). This line
was used for bearing orientation, honoring the Plat called bearings of the aforementioned Pooh's Park
Subdivision ;
THENCE: S 44° 10'08" W continuing along the Northwest lines of said Pooh's Park Subdivision
1
VOL 2,776 PAGE 40
for a distance of 178.21 feet to a 5/8 inch iron rod set marking an interior South corner of said 33.36
acre tract;
THENCE: N 32° 06'39" W along a Southwest line of said 33.36 acre tract for a distance of 75.57
feet to a 1/2 inch iron rod found marking the East corner of a called 1.0 acre tract as described by a
deed to Fast Methodist Church of College Station, recorded in Volume 123, Page 171 of the Deed
Records of Brazos County, Texas;
THENCE: N 50° 26 39" W along the Northeast line of said 1.0 acre tract for a distance of 197.71
feet to a 5/8 inch iron rod set marking the East corner of the aforementioned 10 foot wide strip out
of said 1.0 acre tract;
THENCE: S 40° 59'42* W along the Southeast line of said 10 foot wide strip for a distance of
211.92 feet to a 5/8 inch iron rod set on the Northeast Right-of-Way line of Texas Highway No. 6
(Business) also known as Texas Avenue (100' R.O.W.);
THENCE: N 50° 20' 38"W along said Right-of-Way line, at 10 feet pass the South corner of said
0.877 acre tract, continue on for a total distance of 164.05 feet to a 1/2 inch iron rod found marling
the South corner of of 1. Block 1 of I'msley Square Subdivision, according the Plat recorded in
Volume 408, Page 329 of the Deed Records of Brazos County, Texas;
THENCE: N 43 ° 09' 43" E along the Southeast line of said Tinsley Square Subdivision for a
distance of 200.04 feet to a 3/8 inch iron rod found marking the East corner of said Subdivision;
THENCE: N 50° 19'39" W along the Northeast line of said subdivision for a distance of 186.06
feet to an "X" found chiseled on a concrete curb marking the North corner of said Tinsley Square
Subdivision and on the Southeast litre of a called 1.0 acre tract as described by a deed to Washington
Chapel Church, recorded in Volume 44, Page 556 of the Deed Records of Brazos County, Texas;
NCE: along the common lines of said Washington Chapel Church tract and the aforementioned
remainder of said 4.68 acre tract for the following calls:
N 43 ° 08' 04" E for a distance of 31.90 feet to a 5/8 inch iron rod set marking the
East comer of said Church tract;
N 50° 19'49" W for a distance of 210.26 feet to a 3/4 inch iron pipe found marking
the North corner of said Church tract and the East corner of Lot 28 of The
Boardwalk, according the Plat recorded in Volume 498, Page 327 of the Deed
Records of Brazos County, Texas;
THENCE: N 50° 27 31" W along the Northeast line of said Lot 28 for a distance of 72.22 feet to
a point on the Southeast meanders of said Boardwallc;
THENCE: along the Southeast meanders of said Boardwallc, said lines being within the high banks
2 VOl 2776PAGE 41
Of Wolfpen Creek, as follows:
N 74 ° 14' 20" E for a distance of 74.90 feet to a point;
N 80 ° 04' 20" E for a distance of 75.80 feet to a point;
S 80- 52'40- E for a distance of 59.30 feet to a point;
N 42 ° 11'20" E for a distance of 59.00 feet to a point;
N 20 ° 02' 20" E for a distance of 3 7.70 feet to a point;
N 43 ° 15'20" E for a distance of 88.30 feet to a point;
N 50 ° 49120" E for a distance of 83.30 feet to a point;
N 74 ° 47'20" E for a distance of 126.50 feet to a point;
N 45 ° 08'20" E for a distance of 35.40 feet to a point;
N 02 ° 48'40" W for a distance of 52.10 feet to a point;
N 83 ° 37'40" W for a distance of 35.00 feet to a point;
N 05 ° 13'40" W for a distance of 45.90 feet to a point;
N 30 ° 15'20" E for a distance of 45.60 feet to a point;
N 87° 12'20" E for a distance of 51.80 feet to a point;
S 68 ° 18' 40" E for a distance of 69.80 feet to a point;
S 28 ° 40'40" E for a distance of 83.90 feet to 4 point;
S 53 ° 41' 40" E for a distance of 110.90 feet to a point;
N 39 ° 17 20" E for a distance of 42.20 feet to a point;
N 08° 35' 20" E for a distance of 107.10 feet to a point on the Southwest
called 12.18 acre tract as described by a deed to Thomas D. lute of a
Lacour and Bernard D.
Lacour, recorded in Volume 398, Page 768 of the Deed Records Of
Brazos County,
Texas, for reference, a 1/2 inch iron rod found marldng the West corner of said 12.1
acre tract and the North corner of Lot 1, of said Boardwalk Subdivision, bears N
47° 39'07" W for a distance of 490.80 feet; N
THENCE: S 48 ° 08126" E along the Southwest be of said 12.18 acre t
ofthe aforoned 4.70 acre tract for a distance of 217.54 feet to a 1/2 in n an~e Northeast line
found marking the South corner of said 12.18 acre ch iron rod in concrete
8.0 acre tract, for reference a 1/2 inch iron rod found bears: and N the 64 3 West 0'corner of the aforementioned
feet; be
~ W for a distance of 0.54
THENCE: S 47° 35146"E along the Southwest line of said 8.0 acre tract for
feet to the POINT OF BEG a distance of 347.26
or less as P INN N containing 14.7412 acres (642,125 square feet) of l eyed on the ground September 1994.
more descriptive information) (See Survey plat prepared Se temberand more
P 1994 for
Brad Kerr
Registered Professional
Land Surveyor No. 4502
Revised: 05-30-95; Square Feet
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