HomeMy WebLinkAboutC2014-340 - 10/14/2014 - Approved DEVELOPMENT AGREEMENT
UNDER SECTION 43.035, TEXAS LOCAL GOVERNMENT CODE
This Development Agreement under Section 43.035, Texas Local Government Code (the
Agreement") is entered between the City of Corpus Christi, Texas (the "City") and the
undersigned property owner(s) (the "Owner") The term Owner shall include all owners of the
Property. The City and the Owner are collectively referred to as the Parties.
WHEREAS,the Owner owns a parcel of real property in Nueces County, Texas, which is more
particularly described in the attached Exhibit "A" (the "Property") that is appraised for ad
valorem tax purposes as land for agricultural, wildlife management, or timber land under Chapter
23,Texas Tax Code;
WHEREAS, under Section 43.035 the City is required to offer to make a development
agreement with the Owner that will provide for the continuation of the extraterritorial status of
the area and authorize the enforcement of all regulations and planning authority of the City that
do not interfere with the use of the area for agriculture, wildlife management, or timber;
WHEREAS, Section 43.035 provides that the restriction or limitation on the City's annexation
of all or part of the Property under this Agreement is void if the Owner files any type of
subdivision plat or related development document for the Property, regardless of how the area is
appraised for ad valorem tax purposes;
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, Texas
Local Government Code;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties hereto agree as follows:
Section 1. Extraterritorial Jurisdiction Status of Property. The City agrees that the Property
shall remain in the City's extraterritorial jurisdiction (the "ETJ") and the City shall not annex the
Property during the term of this Agreement, subject to the terms and conditions of this
Agreement.
Section 2. Owner's Obligations. In consideration of the City's agreement not to annex the
Property and as a condition of the Property remaining in the City's ETJ, the Owner covenants
and agrees to the following:
(a) The Owner shall use the Property only for agriculture, wildlife management,
and/or timber land uses, as defined by Chapter 23 of the Texas Tax Code, that are
existing on the Effective Date of this Agreement, except for single-family
residential use existing on the Effective Date or as otherwise provided by this
Agreement.
2014-340
10/14/14
Res. 030309
Thomas Edward Braman INDEXED
(b) The Owner shall not subdivide the Property, or file for approval of a subdivision
plat, site plan, or related development document for the Property with Nueces
County or the City until the Property is annexed into and zoned by the City.
(c) The Owner shall not construct or allow to be constructed any building or structure
on the Property that requires a building permit until the Property is annexed into
and zoned by the City. Accessory structures authorized under the City's Unified
Development Code and buildings or structures that are related to and necessary
for the use of the Property as authorized under Section 2(a) (excluding new single
family residences) are exceptions to this Section 2(c), provided that the Owner
obtains required building permits prior to construction.
(d) The City's zoning regulations shall apply to the Property, and in addition to the
uses authorized by the Unified Development Code, the Property may also be used
for wildlife management or timber land, as defined by Chapter 23 of the Texas
Tax Code, if such uses existed on the Effective Date of this Agreement. Fences
shall not be subject to setback requirements. The City's building codes and
regulations shall apply to the Property except as provided otherwise in this
Section 2(d). Any buildings or structures constructed on the Property after the
Effective Date shall be constructed in compliance with the regulations in the
Unified Development Code and applicable building codes and regulations,
provided that building permits and related inspections shall only be required for
the construction of a new single family residence and additions to an existing
single family residence that are authorized to be located on the Property under this
Agreement.
(e) The Owner shall not construct or allow to be constructed wind energy units on his
land for the commercial sale of wind energy as defined in the Unified
Development Code, Section 5.6.
Section 3. Development and Annexation of Property.
(a) The following occurrences shall be deemed the Owner's petition for voluntary
annexation of the Property, and the Property may subsequently be annexed at the
discretion of the City Council:
(1) The filing of any application for plat approval, site plan approval, building
permit or related development document for the Property, or the
commencement of development of the Property, except as specifically
authorized herein.
(2) The Owner's failure to comply with Section 2.
(3) The Property no longer being appraised for ad valorem tax purposes as land for
agricultural, wildlife management, or timber land under Chapter 23, Texas Tax
Code, or successor statute, unless the Property is no longer appraised for such
purposes because the Legislature has abolished agricultural, wildlife
management, or timberland exemptions, provided that the Owner is in
compliance with Section 2.
(4) The filing for voluntary annexation of the Property into the City by the Owner.
(5) The expiration of this Agreement.
(b) The Owner agrees that annexation initiated due to an occurrence under Section 3(a)
shall be voluntary and the Owner hereby consents to such annexation as though a
petition for such annexation had been tendered by the Owner. Upon annexation,
municipal services shall be provided to the Property in accordance with the adopted
municipal services plan.
Section 4. Application of City Regulations. Pursuant to Section 43.035(b)(1)(B), Texas Local
Government Code, the Property is subject to all of the City's regulations, as they are amended
from time to time, 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 and the Owner acknowledges and agrees that the City is
hereby authorized to enforce said regulations and planning authority except as specifically
provided otherwise herein.
Section 5. Term. The term of this Agreement (the "Term") is fifteen (15) years from the
Effective Date.
Section 6. Vested Rights Claims. This Agreement is not a permit for the purposes of Chapter
245, Texas Local Government Code. The Owner hereby waives any and all vested rights and
claims that the Owner 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 takes or has taken
in violation of Section 2 herein. The Owner further waives any and all vested rights and claims
that the Owner 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 application, plan, plat or
construction the Owner may file or initiate with respect to the Property following the expiration
of this Agreement prior to annexation of the Property by the City, provided that the City initiates
annexation proceedings within one year following the expiration of this Agreement.
Section 7. Authorization.
(a) All parties and officers signing this Agreement warrant to be duly authorized to execute
this Agreement.
(b) The Owner acknowledges that each and every owner of the Property must sign this
Agreement in order for the Agreement to take full effect. The failure of each and every
owner of the Property to sign this Agreement at the time of approval and execution by
the City shall result in the Agreement being void, and the City may, within its discretion,
annex the Property in accordance with applicable law.
Section 8. Notice. 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 the notices
required by this Section shall be sent by personal delivery or certified mail, return receipt
requested,to the City at the following address:
City of Corpus Christi
Attn: City Manager
PO Box 9277
Corpus Christi, Texas 78469-9277
Notices required to be sent to the Owner shall be sent by personal delivery or certified mail,
return receipt requested, to the Owner at the following address:
Thomas Edward Braman c/o Lee J. Lewis
P.O. Box 400
Victoria,Texas 77902-0400
Section 9. Covenant Running with the Land. This Agreement shall run with the Property,
and a memorandum of this Agreement in a form substantially similar to that set forth in Exhibit
"B" shall be recorded in the Official Public Records of Nueces County, Texas. The Owner and
the City acknowledge and agree that this Agreement is binding upon the City and the Owner and
their respective successors, executors, heirs, and assigns, as applicable, for the term of this
Agreement. Conveyance of the Property, or portions thereof, to subsequent owners does not
trigger a request for voluntary annexation unless Section 2 is also violated.
Section 10. Severability. If any provision of this Agreement is held by a court of competent
and final jurisdiction to be invalid or unenforceable for any reason, then the remainder of the
Agreement shall be deemed to be valid and enforceable as if the invalid portion had not been
included.
Section 11. Amendment and Modifications. This Agreement may be amended or modified
only in a written instrument that is executed by both the City and the Owner after it has been
authorized by the City Council.
Section 12. Gender, Number and Headings. Words of any gender used in this Agreement
shall be held and construed to include any other gender, and words in the singular number shall
be held to include the plural, unless the context otherwise requires. The headings and section
numbers are for convenience only and shall not be considered in interpreting or construing this
Agreement.
Section 13. Governmental Immunity; Defenses. Nothing in this Agreement shall be deemed
to waive, modify, or amend any legal defense available at law or in equity to either the City or
Owner, including governmental immunity, nor to create any legal rights or claims on behalf of
any third party.
Section 14. Enforcement; Waiver. 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 15. Effect of Future Laws. 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 16. Venue and Applicable Law. Venue for this Agreement shall be in Nueces County,
Texas. This Agreement shall be construed under and in accordance with the laws of the State of
Texas.
Section 17. Counterparts. This Agreement may be separately executed in individual
counterparts and, upon execution, shall constitute one and same instrument.
Section 18. Effective Date. This Agreement shall be in full force and effect as of the date of
approval of this Agreement by the City Council, from and after its execution by the Parties.
Section 19. Sections to Survive Termination. This Agreement shall survive its termination to
the extent necessary for the implementation of the provisions related to annexation of the
Property into the City.
Entered into this day ofd 2014.
Owner(s)
Signature: /� /r.4
Printed Name: Thomas E. Braman AUTHORILts
City of Corpus risti,Texas— irector of Development Services SFr2F.
Signature:
Printed Name: t.) V 0 r► 11' Z le
hirwei (L, -4-41 "
�-or al; � '�orn
ATTEST:
REBECCA HUERTA
CITY SECRETARY
STATE OF TEXAS §
COUNTY OF V���� §
_ BEFORE ME the undersigned authority on this day personally appeared
I hLrro6 E. L�' yvner of the Property, and acknowledged that s/he is fully authorized to
execute the foregoing document and that s/he executed such document for the purposes and
consideration therein expressed and in the capacity therein stated.
IVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of
_pric)
2014.
geANNnnhq ,.
r, ;�0'�,1 b ,,r Nota u fc State of Texas
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STATE OF TEXAS §
COUNTY OF NUECES §
BEFORE ME the undersigned authority on this day personally appeared�',u5 k V6 C.0A,/z Ctz,
City of Corpus Christi, Texas and acknowledged that he is fully authorized to execute the
foregoing document and that he executed such document for the purposes and consideration
therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the /(0• v day of
(0,1 , 2014.
(- 31pe- sie_z_4_,,a4-e-ea-zell
"'"° JEANNIE HOLLAND Notary Public - State of Texas
+.5'�7Pu�11., Notary Public,State of Texas
,•/ )4 My Commission Expires
N,d,: December 23. 2017
Exhibit "B"
MEMORANDUM OF RECORD
NOTICE OF DEVELOPMENT AGREEMENT
STATE OF TEXAS §
COUNTY OF NUECES §
Whereas, the undersigned ("Owner") and the City of Corpus Christi (the "City"), entered into that certain
Development Agreement under Section 43.035, Texas Local Government Code dated Sr: 7,G�,(3ezz/,
20 AL , (the"Agreement");
Whereas, Owner and the City entered the Agreement pursuant to Local Government Code §43.035 which,
pursuant to the terms and conditions of the Agreement, effectively guarantees the continuation of the
extraterritorial status of Owner's property that is currently appraised for ad valorem tax purposes as agricultural
land under Subchapter C or D, Chapter 23 of the Tax Code until the Agreement expires or the property is
developed for purposes other than agriculture;
Whereas, Owner is the owner of record for the property described in Exhibit "A" attached hereto and
incorporated herein for all purposes (the "Property");
Whereas, recording the entire Agreement in the real property records of Nueces County is impractical and
needlessly burdensome; and
Whereas, the Owner and City agree to file this Memorandum of Record ("Memorandum") to provide notice of
the Agreement encumbering the Property;
NOW THEREFORE, the undersigned hereby executes this Memorandum and files the same of record in the
Deed Records of Nueces County, Texas, for the purpose of giving notice to all persons that:
(1) The Agreement is on file with the City Secretary at the Corpus Christi City Hall, copies of which are
available upon request.
(2) The Owner is required to perform as agreed and provided in the Agreement, as well as in accordance with
all other applicable rules, regulations and codes of the City, except as provided otherwise in the Agreement.
(3) The Agreement provides that 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.
Executed and filed this the day of , 2014.
By:
Name:
Title:
STATE OF TEXAS §
COUNTY OF NUECES §
BEFORE ME the undersigned authority on this day personally appeared , Owner of
the Property, and acknowledged that s/he is fully authorized to execute the foregoing document and that
s/he executed such document for the purposes and consideration therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of
, 2014.
Notary Public - State of Texas
City of Corpus Christi,Texas—Director of Development Services
Signature:
Printed Name:
THE STATE OF TEXAS §
COUNTY OF NUECES §
BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day
personally appeared of the City of Corpus Christi, known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged that he executed the same for the purposes and consideration therein
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of 2014.
(SEAL)
Notary Public-State of Texas
EXHIBIT "A"
Nueces County Appraisal District Tax Id. #: 4250-0030-1001, Thomas Edward Braman
A 39.98 acre tract, more or less, out of a 478.36 acre tract of land out of the South one-
half(S 1/2) of Section 30 and the North one-half(N 1/2) of Section 33, Laureles Farm
Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces
County, Texas, bounded as follows, to-wit:
BEGINNING at the northwest corner of this tract of land, being on the west boundary
line of the South one-half(S '/2) of Section 30, Laureles Farm Tracts and the centerline
of Farm-to-Market 2444, having a right-of-way width of 100.0 feet, as it intersects the
centerline of County Road 43, having a right-of-way width of 40.0 feet;
THENCE East, along the centerline of Farm-to-Market 2444 to the western boundary
line of a 157 acre tract out of the South one-half(S 1/2) of Section 30 and the North one-
half(N '/2) of Section 33, Laureles Farm Tracts;
THENCE South along the eastern boundary of the Northeast, South one-half(S '/2) of
Section 30 and the North one-half(N 1/2) of Section 33, Laureles Farm Tracts, 500.0
feet to the southeast corner of this tract;
THENCE West, being 500.0 feet south of and parallel to the centerline of Farm-to-
Market 2444, to the west boundary line of the Northeast, South one-half(S %) of
Section 30 and the North one-half(N '/2) of Section 33, Laureles Farm Tracts;
THENCE North along west side of said tract of land, 500.0 feet, also being in the
center of County Road 43, to the POINT OF BEGINNING containing 44.88 acres of
land less 4.90 acres of right-of-way for a total of 39.98 acres.
5-
:: as :: 01404 4" 6
MEMORANDUM OF RECORD
NOTICE OF DEVELOPMENT AGREEMENT
STATE OF TEXAS §
COUNTY OF NUECES §
Whereas, the undersigned ("Owner") and the City of Corpus Christi (the "City"), entered iinto�that certain
Development Agreement under Section 43.035, Texas Local Government Code dated � . ,
20 14 , (the"Agreement");
Whereas, Owner and the City entered the Agreement pursuant to Local Government Code §43.035 which,
pursuant to the terms and conditions of the Agreement, effectively guarantees the continuation of the
extraterritorial status of Owner's property that is currently appraised for ad valorem tax purposes as agricultural
land under Subchapter C or D, Chapter 23 of the Tax Code until the Agreement expires or the property is
developed for purposes other than agriculture;
Whereas, Owner is the owner of record for the property described in Exhibit "A" attached hereto and
incorporated herein for all purposes (the"Property");
Whereas, recording the entire Agreement in the real property records of Nueces County is impractical and
needlessly burdensome; and
Whereas, the Owner and City agree to file this Memorandum of Record ("Memorandum") to provide notice of
the Agreement encumbering the Property;
NOW THEREFORE, the undersigned hereby executes this Memorandum and files the same of record in the
Deed Records of Nueces County, Texas, for the purpose of giving notice to all persons that:
(1) The Agreement is on file with the City Secretary at the Corpus Christi City Hall, copies of which are
available upon request.
(2) The Owner is required to perform as agreed and provided in the Agreement, as well as in accordance with
all other applicable rules, regulations and codes of the City, except as provided otherwise in the Agreement.
(3) The Agreement provides that 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.
Executed and filed this the 1 'j day of (,' , 2014.
By:
Name: Thomas E. Braman
Title: Owner
STATE OF TEXAS §
COUNTY OF-NUECES §
V l 1 trx0MaS E__? -G..y "cx,--,
BEFORE ME the undersigned authority on this day personally appeared , Owner of
the Property, and acknowledged that s/he is fully authorized to execute the foregoing document and that
s/he executed such document for the purposes and consideration therein expressed and in the capacity
therein stated.
IVEN UNDER MY HAND AND SEAL OF OFFICE on this the ( t��� av yN
, 2014. o`'� 4-ER .
Sb
Notary Pub is - State of Texas = ilt '4)- .ui;t:
O STAB
City of Corpus Christi,Texas— irector of Development Services 4•.,r, ...."' ,��.•�
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Signature: \::::;;;_
'
Printed Name: 1*('p4.1, i 2i)ec "
THE STATE OF TEXAS §
§
COUNTY OF NUECES §
C crs r X91'0 Coiv2 4/r2_
BEFORE MEd , undersigned authority, a Notary Public in and for said County and State, on this day
personally appeare the City of Corpus Christi, known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged that he executed the same for the purposes and consideration therein
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the/ ay of C,Oeirlie-u 2014.
"'P EAL)JEANNIE HOLLAND +°v te"i
f=: Notary Public.state of Texas otary Public-State of Texas
,: +� My Commission Expires
''•.„„r,.;.a December 23, 2017
EXHIBIT "A"
Nueces County Appraisal District Tax Id. #: 4250-0030-1001, Thomas Edward Braman
A 39.98 acre tract, more or less, out of a 478.36 acre tract of land out of the South one-
half(S %) of Section 30 and the North one-half(N %) of Section 33, Laureles Farm
Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces
County, Texas, bounded as follows, to-wit:
BEGINNING at the northwest corner of this tract of land, being on the west boundary
line of the South one-half(S %) of Section 30, Laureles Farm Tracts and the centerline
of Farm-to-Market 2444, having a right-of-way width of 100.0 feet, as it intersects the
centerline of County Road 43, having a right-of-way width of 40.0 feet;
THENCE East, along the centerline of Farm-to-Market 2444 to the western boundary
line of a 157 acre tract out of the South one-half(S %) of Section 30 and the North one-
half(N %) of Section 33, Laureles Farm Tracts;
THENCE South along the eastern boundary of the Northeast, South one-half(S 1/2) of
Section 30 and the North one-half(N %) of Section 33, Laureles Farm Tracts, 500.0
feet to the southeast corner of this tract;
THENCE West, being 500.0 feet south of and parallel to the centerline of Farm-to-
Market 2444, to the west boundary line of the Northeast, South one-half(S '/2) of
Section 30 and the North one-half(N 1/2) of Section 33, Laureles Farm Tracts;
THENCE North along west side of said tract of land, 500.0 feet, also being in the
center of County Road 43, to the POINT OF BEGINNING containing 44.88 acres of
land less 4.90 acres of right-of-way for a total of 39.98 acres.
/
SEC 29
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SEAMAN THOMAS EDWARD
GARRETT JOSEPH E ET AL LE LMJRELES FARM TRACTS 478 38,ACS OUT SI)SEC 30 EN/2 SEC 33 8? E
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LAUREL ESPANA TRACTS UNON INT IN 809,888ACS OUT$/2 SEC 28&Na SEC 34 -
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LAURELE.FARM TRACTS 1
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AfterReturn �m: ��� ���� ����������
Recordingt Pages 5
City of Corpus Christi 11/21/2014 4:25PM
� .
Attn: CityOfficial Records of
SecretaryNUECES COUNTY
P.O.' B0x 9277 MS. DIANA T. BARRERA
Corpus Christi, Texas 78469-9277 xOUNTY CLERK
Fees $31.00
Any nrovision herein which restricts the Sole,
Rental or use of the described
REAL PROPERTY because of Race, Color,
Religion, Sex, Handicap, Familial Status, or
National Origin is invalid and unenforceable
under FEDERAL LAW, 3/12/89.
uTATE OF TEXAS
cUUNTY OF NUECES
� hereby certify that this instrument wos FILED
in file number senuence on the dote and at the
time stomned herein by me, and wos duly RECORDED
in the Official Public Records of
Nueces County, Texas
nS. DIANA T. BARRERA
7114