HomeMy WebLinkAboutDAVID WHITT - A016700, A MCMAHON A-167, TRACT 22.5, 4. ACRESGo/q"
CITY OF COLLEGE STATION
Q%Wce of the City
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01090122 OR 10140 184
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 swom 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
Attached hereto is a full, true and correct copy
adopted by the City Council on April 14, 2011.
City of College Station, Brazos County, Texas.
of a Non -Annexation Development Agreement
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 29th day of April, 1.
Ta a M utt, Deputy City Secretary
City of College Station, Texas
Brazos County, State of Texas
Sworn to and subscribed before me on the 29th day of April, 2011.
CELIA HERNANDEZ Notary Public, State of Texas
•'�•:' Notary Pudic, State of Texas
My Commission Expires
Z;Fa f' Marct130.2012
P.O. BOX 9960 • 1101 TEXAS AVENUE
COLLEGE STATION • TEXAS • 77842
979.764.3541
www.cstx.gov
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01090122 OR 10140 185
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'l. 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
further 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 terns 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(s) 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,
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01090122 OR 10140 186
and 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(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 43.035(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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01090122 OR 10140 187
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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Entered into this 'T day of 32t 1
OWNER(S)
Owner
Printed Name: �/ to
Owner
Printed Name: — `a
Owner
Printed Name:
Owner
Printed Name:
STATE OF s4k )
ACKNOWLEDGMENT
COUNTY OF &1 )
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This insWume t was acknowledged before me on the 011
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by lLyj !A �A}� li'�' in his/her capacity as o of
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01090122 OR 10140 189
CITY OF COLLEGE STATION
Nancy Berry, Aayor
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Date
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APPROVED:
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STATE OF TEXAS
ACKNOWLEDGMENT
COUNTY OF BRAZOS
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This instrument was acknowledged before me on the Q day of 20L6,
by Nancy Berry, in the capacity as Mayor of the City of College Station, a Texas home -
rule municipality, on behalf of said municipality.
•"•4.
CELIA HERNANDEZ
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Notary Public, State of Texas
My Commission Expires
March 30, 2012
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Notary Public in and for
the State of Texas
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01090122 OR 10140 190
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