HomeMy WebLinkAboutFLORINE CROUCH - SAMUEL DAVIDSON TRACT 106, ACRES 8.62` Doc Bk Vol P9
0114722E DR 111E0 151
CITY OF COLIF.GE STATION AdM r H~—_—�
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CERTIFICATE TO COPY OF PUBLIC RECORD
CITY OF COLLEGE STATION §
STATE OF TEXAS §
COUNTY OF BRAZOS §
Before me, the undersigned authority, personally appeared Tanya McNutt, who, being by
me duly sworn deposed as follows:
My name is Tanya McNutt. I am of sound mind, capable of making this affidavit, and
personally acquainted with the facts herein stated.
I am the custodian of the records of the City of College Station, Brazos County, Texas.
Attached hereto is a full, true and correct copy of Contract No. 09-253 adopted by the City Council
on June 11, 2009.
I further certify, in the performance of the functions of my office, that said pages of record
is an official record from the public office of the City Secretary, City of College Station, Brazos
County, Texas, and are public records which are kept in said office and appear of record in said
office.
In witness whereof I have hereunto set my hand and affixed the official seal of the City of
College Station, this 2e day of February, 2013.
4aa c Deputy Ci Secretary
City of Col a Station, Texas
Brazos County, State of Texas
Sworn to and subscribed before me on the 25"' day of February, 2013.
otary Public, State of Texas
BARBAM LEE V
NotivA38
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My com ialon E""
2-15-2016
P.O. BOX 9960 • 1101 TEXAS AVENUE • COLLEGE STATION
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0114722E OR 11180 152
CHAPTER 43 TEXAS LOCAL GOVERNMENT CODE
DEVELOPMENT AGREEMENT
This Agreement is entered into pursuant to Sections 43.035 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, the Owner owns a parcel of real property (the "Property") in Brazos
County, Texas, which is more particularly and separately described in the attached
Exhibit "A"; and
WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial
jurisdiction, in consideration for which the Owner agrees to enter into this Agreement;
and
WHEREAS, this Agreement is entered into pursuant to Sections 43.035 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; and
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 as 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 annex the Property, and
farther agrees not to include the Property in a statutory annexation plan for the Term of
this Agreement. However, if the Property is annexed pursuant to the terms of this
Agreement, then the City shall provide services to the Property pursuant to Chapter 43 of
the Texas Local Government Code.
Section 2. The Owner covenants and agrees not to use the Property for any use other
than for agriculture, wildlife management, and/or timber land consistent with Chapter 23
of the Texas Tax Code, except for existing 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 has been annexed into, and
09-253
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01147228 OR 11180 153
zoned by, the City. The Owner covenants and agrees not to construct, or allow to be
constructed, any buildings on the Property that would require a building 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 A-O (Agricultural Open)
District zoning requirements apply to the Property, and that the Property shall be used
only for A-O (Agricultural Open) District zoning uses that exist on that Property at the
time of the execution of this Agreement, unless otherwise provided in this Agreement.
However, the Owner may construct 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 must sign this Agreement in order for the Agreement to take full
effect, and the Owner who signs this Agreement covenants and agrees, jointly and
severably, to indemnify, hold harmless, and defend the City against any and all legal
claims, by any person claiming an ownership interest in the Property who has not signed
the Agreement, arising in any way from the City's reliance on this Agreement.
Section 3. The Owner acknowledges that if any 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 Agreement, then in addition to the City's other remedies,
such act will constitute a petition 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 had been tendered by the Owner.
If annexation proceedings begin pursuant to this Section, the Owner acknowledges 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 Owner hereby waives any and all vested rights and claims that they may
have under Section 43.002(aX2) 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 43.035(b)(1)(B) of the Texas Local Government Code,
the City is authorized to enforce 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 Government Code to exercise eminent domain over property that
is subject to a Chapter 43 and/or Chapter 212 development agreement.
Section 5. The term of this Agreement (the "Term") 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 on or after the end of the Term. 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 any vested rights they may
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0114722E OF 11180 154
have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code
that would otherwise exist by virtue of any 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 A-O
(Agricultural Open) 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 any portion of the Property 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 any 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
Attn: City Manager
P.O. Box 9960
College Station, Texas 77842
Section 8. This Agreement shall run 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 covenant of this
Agreement is void or unenforceable, including the covenants regarding involuntary
annexation, then the remainder of this Agreement shall remain in full force and effect.
Section 10. This Agreement may be enforced by any Owner or the City by any
proceeding at law or in equity. Failure 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 terms of this Agreement.
Section 12. Venue for this Agreement shall be in Brazos County, Texas.
Section 13. This Agreement may be separately executed in individual counterparts and,
upon execution, shall constitute one and same instrument.
Section 14. This Agreement shall survive its termination to the extent necessary for the
implementation of the provisions of Sections 3, 4, and 5 herein.
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01147228 OF 11180 155
Entered into this (Z day of MaAAh 12009.
Owner
Printed Name: clo.-el"
Owner
Printed Name:
Owner
Printed Name:
Owner
Printed Name:
CITY OF COLLEGE STATION
Mayor Date
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Ok/ /i/
City Secretary Date
APPROVED:
0i
City b&Lnager
2
Date
GAIt 0-7-Lb/ 0
C' Attorn Date
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WChiefFinancial Officer Date
Doc Sk Vol Ps
4114722E OR 11180 156
STATE OFQr� )
COUNTY O CAPA0
ACKNOWLEDGMENT
This instrument was acknowledged before me on the day of rM rti► 2009,
by F1 OR 4 NE .Q;AQ AGh in his/her capacity as owner of
t)LA b� cup PA2X:L1-j-;,
JOYCE A. ELLIS
r: NotaryPubbc,State OITPxa
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JANUARY 10,2010
A��rrlL�rr✓rrrlYrYrr.�
STATE OF TEXAS
d for
.:e of
ACKNOWLEDGMENT
COUNTY OF BRAZOS )
This instrument was acknowledged before me on the day oAttin,
_q, 2009, by Ben White, in the capacity as Mayor of the City of College St
Texas home -rule municipality, on behalf of said municipality.
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A TANYA Md1UT:7t]
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No Pu lic in and for
the State of Texas
U1147228 Oft 11184 158
GENERAL POWER OF ATTORNEY
NOTICE: THIS IS AN IMPORTANT DOCUMENT. BEFORE SIGNING THIS
DOCUMENT, YOU SHOULD KNOW THESE IMPORTANT FACTS. THE PURPOSE OF
THIS POWER OF ATTORNEY IS TO GIVE THE PERSON WHOM YOU DESIGNATE
(YOUR "AGENT) BROAD POWERS TO HANDLE YOUR PROPERTY, WHICH MAY
INCLUDE POWERS TO PLEDGE, SELL OR OTHERWISE DISPOSE OF ANY REAL
OR PERSONAL PROPERTY WITHOUT ADVANCE NOTICE TO YOU OR APPROVAL
BY YOU. THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE
MEDICAL OR OTHER HEALTH CARE DECISIONS FOR YOU. IF THERE IS
ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD
ASK A LAWYER TO EXPLAIN IT TO YOU YOU MAY REVOKE THIS POWER OF
ATTORNEY IF YOU LATER WISH TO DO SO.
TO ALL PERSONS, bee it known that I, 1011ure d F-10 -e ne f rrfz44.�t.
of f wr/d v d era x-,vrirt C-'C�. A� %e xasr , the undersigned Grantor,
do hereby matte and grant a general power df attorney to le,I-
of 1%r1" d, ,3T1. zo ri 1t iz-acWAI, rya 5 , and do thereupon consti-
tute and appoint said individual as my attorney -in -fact
My attorney -in -fact shall act in my name, place and stead in any way which I myself eadd do, if I were
personally geseat with respect to the Mowing mamas, to the extent that I am permitted bylaw to act through an agent:
(NOTICE: Ttte grantor must write his or her initials in the corresponding blank space of a box below with
-respect to each of the subdivisions (A) through (0) below for which the Grantor wants to give the agent
authority. If the blank space within a box for any particular. subdivision is NOT initialed, NO AUTHORITY
WILL BE GRANTED for matters that are included in that subdivision. Cross out each power withheld.)
(A)
Real estate transactions
(B)
Tangible personal property transactions
(C)
Bond, share and commodity aanaacdons
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[]
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i
(D) Banking transactions
(E) Business operating transactions
(F) Insurance transactions
(G) Gifts to charities and individuals other than Attorney -in -Fact
IT? trust distributions are involved or tax consequences are anticipated, consult an
attorney.)
[ %?� ] (H) Claims and litigation
12Y�P,] (n Personal relationships and affairs
Doc Bk Vol
01147228 DR 11180
[i ] (J) Benefits from military service
(K) Records, reports and statements
(I.) Full and unqualified authority to my attomey-in-fact to delegate any or all o
f the foregoing powers to any person or persons whom my auomey-in-fact shall select
- d ] (K Access to safe deposit box(es)
(N) All other matters cz�
Other Terms: r F rne2' / i>7ceftf{CP.�Yi[Lb Y/2Gf
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My attomey-in-fact hereby accepts this appointment subject to its terms and agrees to act and
perform. in said fiduciary capacity consistent with my best interests as he/she in his/her best
discretion deems advisable, and I affirm and ratify all acts so undertaken.
TO INDUCE ANY THIRD PARTY TO ACT HEREUNDER, I HEREBY AGREE THAT ANY
THIRD PARTY RECEIVING A DULY EXECUTED COPY OR FACSIMILE OF THIS
INSTRUMENT MAY ACT HEREUNDER, AND THAT REVOCATION OR TERb INMON
HEREOF SHALL BE INEFFECITVE AS TO SUCH THIRD PARTY UNLESS AND UNTIL
ACTUAL NOTICE OR KNOWLEDGE OF SUCH REVOCATION OR TERMINATION
SHALL HAVE BEEN RECEIVED BY SUCH THIRD PARTY, AND I FOR MYSELF AND
FOR MY HEIRS, EXECUTORS, LEGAL REPRESENTATIVES AND ASSIGNS, HEREBY
AGREE TO INDEMNIFY AND HOLD HARMLESS ANY SUCH THIRD PARTY FROM
AND AGAINST ANY AND ALL CLAIMS THAT MAY ARISE AGAINST SUCH THIRD
PARTY BY REASON OF SUCH THIRD PARTY HAVING RELIED ON THE PROVISIONS
r wider seal this Q day of
Signedof:
Witness CrP-Z- -t4
witness
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Attorney-in-Fsa�lf5:..-16 Jaa:a Grt fi,cr mA:,,
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eNa o- F=•Gar .,v p ly�rown to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrawent and
acknowledged to me that helshe/they executed the same in his/her/their authorized capaciry(ies), and that by
hisl =%cir signature(s) on the instrument the person(s). or the entity upon behalf of which the parson(s) acted,
executed the instrument
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Doc Bk Vol Ps
01147228 OR 11180 160
Filed for Record in:
BRAZOS COUNTY
On: Feb 26,2013 at 02:44P
As a
Recordioss
Document Number: 01147228
Amount 52.00
Receipt Number - 462810
Bs,
Amber hoehlman
STATE OF TEXAS COUNTY OF BRAZOS
I herebs certifs that this instrument was
filed on the date and time stamped hereon bs me
and was dull recorded in the Volume and vase
Of the Official Public records of:
BRAZOS COUNTY
as stamped hereon bs me.
Feb 26r2013
Karen NCOueenr Brazos Counts Clerk
BRAZOS COUNTY