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HomeMy WebLinkAboutPLEASANT VALLEY RESERVE - A MCMAHON A-167 TRACT 8.1, 16 ACRESBrazos County Karen McQueen County Clerk Instrument Number. 429605 Volume: 16951 1 g3 Real Property Recordings Recorded On: April 29, 2021 10:03 AM Number of Pages: 8 Examined and Charged as Follows: " Total Recording: $50.00 .... THIS PAGE IS PART OF THE INSTRUMENT "" " Any provision herein wt0ch restricts the Sale, Rental or use of the described REAL PROPERTY because of color or we is invalid and unenforceable under federal law. File Information: Record and Return To: Document Number: 1429606 CITY OF COLLEGE STATION Receipt Number. 20210429000042 PO BOX 9973 Recorded DateRme: April 29, 2021 10:03 AM User: Mary G COLLEGE STATION TX 77842 Station: CCLERK10 STATE OF TEXAS COUNTY OF BRAZOS I hereby cerify that We Inatmmem was FILED In the File Number sequence on the lobe lme printed hereon, and was duly RECORDED In the Official Public Records of Brazos County, Texas. Karen McQueen County Clark Brews County, TX CHAPTER 43 TEXAS LOCAL GOVERNMENT CODE DEVELOPMENT AGREEMENT This Agreement is entered into pursuant to Sections 43.016 and 212.172 of the Texas Local Government Code by and between the City of College Station, Texas (the "City") and the undersigned property owner(s) (the "Owner"). The term "Owner" includes all owners of the Property. WHEREAS, 0te Owner owns a parcel of real property (the "Property') in Brows County, Texas, which is more particularly and separately described in the attached Exhibit A; and WHEREAS, on AP6127,2011 , the Owner entered into a Development Agreement with the City setting out the terms under which the Property would remain in the City's extraterimrialjurisdigion for ten years; and WHEREAS, said agreement will expire by its own terns on Apd1272021 and WHEREAS, the Owner desires in have the Property continue to remain in the City's extraterritorial jurisdiction, in consideration for which the Owner agrees to enter into this Agreement; and WHEREAS, this Agreement is ontered into pursuant to Sections 43.016 and 212,172 of the Texas Local Government Code, in order to address the desires of the Owner and the procedures of the City; and WHEREAS, the Owner and the City acknowledge that this Agreement is binding upon the City and the Owner and their respective successors and assigns for the term (defined below) of this Agreement; end WHEREAS, this Development Agreement is to be recorded in the Real Property Records of Brazos County. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree m follows: Section 1. The City guarantees the continuation of the extraterritorial status of the Owner's Property, its immunity from annexation by the City, and its immunity from City property taxes, for the term of this Agreement, subject to the provisions of this Agreement. Except as provided in this Agreement, the City agrees not to annex the Property, agrees not to involuntarily institute proceedings to armwr the Property, and further agrees not to include the Property in a statutory ansuc a ion plan for the Term of this Agreement. However, if the Property is annexed pursuant to the terms of this Agreement, than the City shall provide services to the Property pursuant to Chapter 43 of the Texas Local Government Code. Contract M. 21300505 Nov -Annexation Agreement-Reneml Pauna4-16-19 PegaIl Section 2. The Owner covenants and agrees not to use the Property for my use other than for agriculture, wildlife management, and/ortimber land consistent with Chapter 23 of the Texas Tax Code, except for single-family residential use of the property, without the prior written consent of the City. The Owner covenants and agrees that the Owner will not file any type of subdivision plat or related development document for the Property with Brazos County or the City until the Property box bem annexed into, and zoned by, the City. The Owner covenums and agrees not to construct, or allow to be constructed, my buildings on the Property that would require abuilding permit if the Property were in the city limits, until the Property has been annexed into, and zoned by, the City. The Owner also covenants and agrees that the City's R (Rural) District zoning requirements apply to the Property, and that the Property shall be used only fan R (Rural) District zoning uses that exist on that Property at the tine: of the execution of this Agreement, unless otherwise provided in this Agreement However, the Owner may construct me single-family structure or an accessory structure to an existing single-family dwelling or an accessory structure for the benefit of agricultural uses in compliance with all applicable City ordinances and codes. The Owner acknowledges that each and every owner of the Property most sign this Agreement in order for the Agreement to take full effect, and the Owner who signs this Agreement covmmts and agrees, jointly and sevembly, to indemnify, hold harmless, and defend the City against my and all legal claims, by my person claiming an ownership interest in the Property who has not signed the Agreement, arising in my way from the City's reliance on this Agreement. Section 3. The Owner acknowledges that if my plat or related development document is filed in violation of this Agreement, or if the Owner commences development of the Property in violation of this Agreemmt, then in addition to the City's other remedies, such ant will constitute apetition for voluntary annexation by the Owner, and the Property will be subject to annexation at the discretion of the City Council. The Owner agrees that such annexation shall be voluntary and the Owner hereby consents to such annexation as though a petition for such annexation bad been tendered by the Owner. If annexation proceedings begin pursuant to this Section, the Owner admowledges that this Agreement serves as an exception to Local Government Code Section 43.052, requiring a municipality to use certain statutory procedures under an annexation plan. Furthermore, the Owna hereby waives my and all vested rights and claims that they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any actions Owner has taken in violation of Section 2 herein. Section 4. Pursuant to Sections 43.016(b)(1)(B) of the Texas Local Government Code, the City is authorized in =force all of the City's regulations and planning authority that do not materially interfere with the use of the Property for agriculture, wildlife management, or timber, in the same manner the regulations are enforced within the City's boundaries. The City states and specifically reserves its authority pursuant to Chapter 251 of the Texas Local Govemm=t Code to exercise eminent domain over property that is subject to a Chapter 43 and/or Chapter 212 development agreement. Covtract No. 213005U8 Nm-AmmFatioo Agreeoent.Reuewel Pmmm-IGI8 Page12 Section 5. The term of this Agreement (the "Teme) is ten (10) years from the date that the Mayor's signature to this Agreement is acknowledged by a public notary. The Owner, and all of the Owner's heirs, successors and assigns shall be deemed to have filed a petition for voluntary annexation before the end of the Term, for annexation of the Property to be completed an or after the end of the Tenn. Prior to the end of the Term, the City may commence the voluntary annexation of the Property. In connection with annexation pursuant to this section, the Owners hereby waive say vested rights they rosy have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise wrist by virtue of my plat or construction any of the owners may initiate during the time between the expiration of this Agreement and the institution of annexation proceedings by the City. Section 6. Property annexed pursuant to this Agreement will initially be zoned it (Rural) pursuant to the City's Code of Ordinances, pending determination of the property's permanent zoning in accordance with the provisions of applicable law and the City's Code of Ordinances. Section 7. Any person who sells or conveys my portion of the Propetty shall, prior to such sale or conveyance, give written notice of this Agreement to the prospective purchaser or grantee, and shall give written notice of the sale or conveyance to the City. Furthermore, the Owner and the Owner's heirs, successor, and assigns shall give the City written notice within 14 days of my change in the agricultural exemption status of the Property. A copy of either notice required by this section shall be forwarded to the City at the following address: City of College Station Aun: City Manage P.O. Box 9960 College Station, Texas 77842 Section 8. This Agreement shall no with the Property and be recorded in the real property records of Brazos County, Texas. Section 9. if a court of competent jurisdiction determines that any covenants of this Agreement is void or unenforceable, including the covenants regarding involuntary annexation, then the remainder of this Agreement shall remain in frill force and effect. Section 10. This Agreement may be enforced by any Owner or the City by my proceeding at law or in equity. Failme to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Section 11. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to the terns of this Agreement. Section 12. Venue for this Agreement shall be in Brazos County, Teas. ContaiNo. 21300509 Nov -Annexation Agreementlanewel Potm044&l8 Page 13 Section 13. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instram ar. Section 14. This Agreement shall survive its temilnation to the extent necessary for the implementation of the provisions of Sections 3, 4, and 5 herein. Section 15. Verification No Boycott lsruel. To the extent this Contract is considered a contract for goods or services subject to § 2270.002 Texas Government Code, Gunner verifies that it i) does not boycott Israel; and ii) will not boycott Israel during the two of tlds Contract. List of Exhibits A. Property Description Connect No. 2130)tM Non -Annexation A3 xuaantdieoewal Fern M-16-18 Pege[4 Entered into this 22 day of °i . 20 2 � . l Owner SignaN[e p Printed Name: 1 a fJr.,l[t�r Owner Signature Printed Name: Owner Signature Owner Signature a"�ATION city stcreteo r: Irled O% 4 Fill I Y. i IleD�//�1ii Comet No. 21300506 Nm-A mfion Ag mt-R eml Aorm04-16-18 Page 15 STATE OF7f ) ACKNOWLEDGMENT COUNTY OF p ra gm ) A// Thtsinstnwotwae cacknowledged bofo�e meon the ao2"=r"dayof _ (�LtcC� 2 P by 4vY/of �. ai lluA' in er capacity as owner of %c �er Glcr'G Im N Public iy and RANGEL a ate of- State of Texas69326-5ires o9.1e-2024 STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF ERAZOS ) Tpie mawment was acknowledged before me on the �V� day of �Y. ZOO, by Karl Mooney, in the capacity as Mayor of N City of College station, a Texas home -rule monicipahty, on behalf of said municipality. w JACKIE BIINGEL Q Public in and Notary Pubic - State of Tens tare ofTexes IDt 7921ie328-5 My COMM. Expires 0-18-2024 Gb==No. 21300508 Non-Muexedon A�eut-Reumal Form04-16-18 page 16