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HomeMy WebLinkAboutC2019-272 - 5/14/2019 - Approved 688482 AGREE Total Pages: 13 1111 FAO lin 10ElifJ 11111 DEVELOPMENT AGREEMENT UNDER SECTION 43.016, TEXAS LOCAL GOVERNMENT CODE This Development Agreement (the "Agreement") is entered into pursuant to Sections 43.016 and 212.172, Texas Local Government Code by and 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 parcels of real property in San Patricio County, Texas, which are identified by San Patricio County Appraisal District as Geographic ID: 2139-0145-0000- 004 and 2139-0145-0000-005 and more particularly described in the attached Exhibit "1 & 2" (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, that Property is located in the City of Corpus Christi Extraterritorial Jurisdiction; WHEREAS, Texas Local Government Code §43.016(b)(1) requires the City 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 municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber; WHEREAS, Texas Local Government Code §43.016 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; WHEREAS, Texas Local Government Code §43.016(c) provides an area adjacent or contiguous to an area that is the subject of a development agreement under Texas Local Government Code §43.016 is considered adjacent or contiguous to the municipality; and WHEREAS, this Agreement is entered into pursuant to Sections 43.016 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. Term. The term of this Agreement (the "Term") is 30 years from the date that the City Manager's signature to this Agreement is acknowledged by a public notary. Section 2. Extraterritorial Jurisdiction Status of Property. Pursuant to Texas Local Government Code §43.016(b)(1)(A), the City guarantees the continuation of the extraterritorial status of the 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 SnANNFD Page 1 of 6 p 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 terms of this Agreement, then the City shall provide services to the Property pursuant to Chapter 43 of the Texas Local Government Code. Section 3. Authority of Municipality. Pursuant to Texas Local Government Code §43.016(b)(1)(B), the City is authorized to enforce all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber. Section 4. 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 extraterritorial jurisdiction, the Owner covenants and agrees to the following: (a) The Owner shall 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 and Recreational Vehicle Park use, without the prior written consent of the City. (b) The Owner shall not file any type of subdivision plat or related development document for the Property with a governmental entity that has jurisdiction over the area, regardless of how the area is appraised for ad valorem tax purposes. Section 5. Development and Annexation of Property. (a) Pursuant to Texas Local Government Code §212.172, 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 type of subdivision plat or related development document for the area with a governmental entity that has jurisdiction over the area, regardless of how the area is appraised for ad valorem tax purposes. (2) Except for existing single-family residential and Recreational Vehicle Park use, 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. (3) The filing for voluntary annexation of the Property into the City by the Owner. D.nv7ofK (4) The expiration of this Agreement. (5) Upon termination of this Agreement. (b) The Owner agrees that annexation initiated due to an occurrence under Section 5(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. Section 6. Vested Rights Claims. Pursuant to Texas Local Government Code §43.016(e), 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 §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 5 herein.The Owner further waives any and all vested rights and claims that the Owner may have under §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. Conveyance of the Property. Conveyance of the Property or portions thereof is allowed under this Agreement. This Agreement constitutes a covenant running with the land, and all successive future owners will be to the same extent bound by and will have the same right to invoke and enforce, its provisions as the original signers of this agreement. Conveyance of the Property or portions thereof to subsequent owners does not trigger a request for voluntary annexation. 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. Any person who sells or conveys any portion of the Property shall, give written notice of the sale or conveyance to the City within 30 days of such sale or conveyance. 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 Section 9. Covenant Running with the Land.This Agreement shall run with the Property and be recorded in the real property records of San Patricio 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 Page 3 of 6 the term of this Agreement and constitutes a covenant running with the land. 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. 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. Section 19. Reservation of City Rights. 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 20. Authorization. That all parties and officers signing this Agreement warrant to be duly authorized to execute this Agreement. Darro d of A Entered into this 7 day of I , 2019. 1 • Owner (s) : ,moi - ; ..: mes Franklin Price Jr 4, ,/ )liar --(--e.---'-2. . Susan PatriciaHayes Price STATE OF TEXAS § COUNTY OFF/4 J(A[' § This instrument was acknowledged before me on the 7 day of , 2019, by James Franklin Price Jr, Owner. ff DEBRA TRUITT A lir/ /elef;k1- NOTARY PUBLIC•STATE OF TEXAS '3.,.. ti.;. IOP 124594901 Notary Public, State of Texas ...•. COMM. EXP.04-0, '•n21 STATE OF TEXAS § COUNTY OF '54'h al/16W § This instrument was acknowledged before me on the 7 day•of. , 2019, by Susan Patricia Hayes Price, Own)" DEBRA TRUITT �. op. NOTARY PUBLIC•STATE OF TEXAS t,4,.4,",1 ,V I0: 12 4 5 9 4 9 01 Notary Public, State of Texas ''�,a +r COMM.EXP.04-05-2021 Page 5 of 6 City of Corpus Christi: ATTEST: I I%�,���� By: . ' �� . / t ' _ By: 1,�l bill%(/%�. I//, Rebecca Huerta S � uel Keit el 'an City Secretary ` Q Interim City Manager - c� `� \ HU i nU.4 tit SCUTARI% STATE OF TEXAS § - COUNTY OF NUECES § This instrument was acknowledged before me on this i (u day of -11A1 , 2019, by Rebecca Huerta, City Secretary, of the City of Corpus Christi, Texas home-rule municipal corporation, on behalf of said cor oration. • . . . . . . . . . . . ,rot►.w v f�ONIQUE TAMEZ LERMA ► � n I ID# 1146231-1 ► ��� /�-� J a4.15.. Notary Public � —J =' STATE OF TEXAS ► Notary Putl�c, State of Texas OFr My Comm. Exp. 01.23-2021 ► STATE •F T COUNTY OF NUECES § This instrument was acknowledged before me on this l day of , 2019, by Samuel Keith Selman, Interim City Manager, of the City of Cor s Christi, a Texas home-rule municipal corporation, on behalf of said corporation. `1'ara�h� ROZIE CANALES ;i•; :Notary Public, State of Texas V;;;,;;:' ,02 Comm. Expires 01-29-2023 Notary Pu , tate of Texas 4pp,;,;,,`N Notary ID 6553117 APPROVED AS TO FORM: .P//vcA 5-1 C- /61 Buck Brice date Assistant City Attorney for the City Attorney Paae 6 of 6 413031 FittNe ; .Nt.RAI. WARN UT: DEED (Cash) THE STATE OF TEXAS S 5 KNOW ALL HEN BY THESE PRESENTS: COUNTY OF SAN PATRICLO S THAT TH ' UHUERSLGNED, ELMER J. GIBSON and WILLIAM HCCAMPBELL GIBBON, Independent Executors and Trustees of the Estate of MARY ELIZABETH GIBSON, Deceased, of the County Of Fulton and State of Georgia, hereinafter referred to as "Grantor", whether one or more, for and in consideration of the sum of TEN DOLLARS (510.00) cash, and other good and valuable consideration in hand paid by the Grantee, herein named, the receipt and sufficiency of which is hereby fully acknowledged and confessed, has GRANTED, SOLD and CONVEYED, and by these presents does hereby GRANT, SELL and CONVEY unto JAMES F. PRICE, JR., and wife, SUSAN P. PRICE, of the County of San Patricio..azmd State- ,of TexamT._. herein referred to as "Grantee", whether ono or more, all Grantor's right, title and interest in and to the real property described as follows: ... .. • Field notes of a11.476 acre tract of land, being part of a 330.58 acre tract conveyed from Mary Elizabeth Git.. .on to E. J. Gibson by Gift Decd dated December 10, 1982, and recorded in Volume 657, Page 13 of the Deed Records of San Patricio County, Texas; Said 11.476 acre tract is comprised of a portion of the W. W. Smith Surrey, Abstract 243, is situated in San Patricio County, Texas, epproxinately 1 miles east of the town of Gregory, and is described by metes and bounds as follows: Beginning at a 5/8" iron rod set at the northeast corner of said 330.58 acre tract, for the northeast corner of this tract; Thence S 01 deg. 53' W with the east line of said 330.58 acre tract and the east line of this tract, a distance of 961.79 feet to a 5/8" iron rod set for the southeast corner of this tract; Thence N 87 deg. 55' 34" W with the south line of this tract, a distance of 528.79 feet to a 5/8" iron rod set in the east right-of-way line of County Road 93, for the southwest cc-ner of this tract; Thence N 01 dog. 45, 51" E with the oast line of said County Road 93 and the west line of this tract, a distance of 925.34 feet to a 5/8" iron rod set in the north line of said 330.58 acre tract, for the northwest corner of this tract; Thence N 88 deg. OS' 33" E with the north line of said 330.58 acre tract and the north line of ti.is tract, a distance of 531.85 feet to the place of beginning, containing 11.476 acres, more or less. This conveyance, however, is made and accepted subject to any and all validly existing encumbrances, conditions and restrictions, relating to the hereinabove described property as now reflected by the records of the County Clerk of San Patricio County, Texas. SUBJECT TO RESERVATION BY THE GRANTOR, AND ITS SUCCESSORS AND ASSIGNS, OF ALL INTEREST IN THE OIL, GAS AND OTHER MINERALS, EXCEPTING FRESH WATER, PRODUCED FROM IT BUT WITHOUT A RESERVATION OF THE RIGHT OF INGRESS AND EGRESS, AND 'THE GRANTOR AND ITS SUCCESSORS AND ASSIGNS ARE PROHIBITED FROM USING THE SURFACE OF THIS TRACT FOR DRILLING, OR OTHER MINERAL EXTRACTING, EQUIPMENT, PLANTS OR PERSONNEL, INCLUDING PRODUCTION EQUIPMENT; 1 of 2 pages w"mw.v1011 raaErn LAW rook Mnui%linin,DA' 348755men 413031 EXHIBIT 1 ft't ?; 4.13031 Subject to right -•,f -way /dated February 4, 1970, executed by E. J. Gibson, et al to to-.'.i •n (:ntherijtg Co., recorded in Volume 411, Page 104, Deed Record!:, .nn PatrIcio County, Texas; And further subject to a right-of-way dated August 1, 1950, e::ecuted by E. .'. Gibson, et al to Tennessee Gas Transmission Co., recorded in Volume 166, Page 91, Deed Records, San Patr.icio County, Texas. TO HAVE AIID TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee, Grantee's heirs, executors, administrators, successors and/or assigns forever; and Grantor does hereby bind Grantor's hairs, executors, administrators, successors and/or assigns, to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantee, Grantee's heirs, executors, administrators, successors and/or assigns, against every person whomsoever claiming or tc claim the same or any part thereof. Current ad valorem taxes on said property ' having been prorated, the payment thereof is assumed by Grantee. EXECUTED this /",' day of May, 1993. • ELM R J. GI SON,dependent Executor and Trustee of the Estate of MARY ELIZABETH t;IBSON, Deceased • WILLIAM NCCAMPBELL GIBSON, Independent Executor and Trustee of the Estate of MARY ELIZABETH GIBSON, Deceased Grantee's Address: Rt. 1, Box 120 Taft, Texas 78390 THE STATE OF GEORGIA COUNTY OF FULTON § The foregoing instrument was acknowledged before me on the I5:` day of May, 1993, by ELMER J. GIBSON, Independent Executor and Trustee of the Estate of MARY ELIZABETH GIBSON, Deceased. � (, Ir %/fes t/'., ,•/ :j^ iiit!'.•,. ' `' NOTARY/PUBLIC, STATE OF GEORGIA `S i�i l;.� • PRINTED+- NAME OF NOTARY ,3 a•t ��' t 14atiiggiger CABA.-s“.., ,i'A t:.g0mb1 SSiON EXPIRES: (,`e01mlt6ietttltlites Jan.17.19w. 2 of 2 pages P13756 relit v.tmt 34 •ROBERTS IAN BOOK t'UOI.ISi1etu. 1h.1.3A► 413031 EXHIBIT 1 m l :hl. 413031 THE STATE OF GEORGIA S S. COUNTY OF FULTON S The foregoing instrument was acknowledged before me on the /3 day of May, 1993, by WILLIAM MCCAMPBELL GIBSON, IndependE Executor and Trustee of the Estate of MARY ELIZABETF GIBSON, Deceased. rte:+ NOTARY PUBLIC, STATE OF GEORGIA .`07 T4 PIIINTED NAME OF NOTARY P.o 1"b4 it ro'h.•rC.N. •• .C¢IIIiESSION EXPIRED: Wing Public.Fulton Came.AOR *ContmlisiOn ElIPANJn17.1994 AFTER RECORDING RETURN To: PREPARED IN THE LAW OFFICE OF: Northshore Title & Abstr.:ct, Inc. Nathan A. East P. O. Box 780 P. O. Box 1333 Portland, Texas 78374 Portland, Texas 78374 G.F.1930409P 3 of 2 pages 348757 !w.na v.B10.1 •L *.LAW BOOK r BSC. 93.esm 413031 EXHIBIT 1 WARRAETY DEED Mj 413031 COMPARED tt P7 HE ESTATE OF MARY E:,IZARFDI GIRS(+N, DECEASED iDFUR HESE MAY 18I JAMES P. PRICE, JR., AND WIFE, SUSAN P. PRICE Dorm MALEY CUR�T Q,ts- OeooN 1`'< t mS 0R T 1 h4 t:JRTHSFlORE TITLE S A85TRAc'C, INC. � 930409P _ v oewrrowwc►Rtnloo I. • nutraai�Ayijit �{p� oA MICR Q/ puny ileanD WOOF O/'OMN"I 1030006 err CLVIK OM PA Cs; aaRm 1 �. m X w 4'/24/2019 FILE N0. SPECIAL WARRANTY DEED 54157" GF#05400078 Date: r: +25,2005 Grantor's name and mailing address(including county) Compass Bank, Trustee of the Jean McCampbell Davis Trust, acting by and through its duly authorized officer. P. O. Box 4886 Houston, TX 77210-1886 Harris County Grantee's name and mailing address(including county) James F. Price, Jr. and wife, Susan Price 4290 CR 4343 Aransas Pass, TX 78336 San Patricio County Consideration: Ten dollars and other valuable consideration. Property(including any improvements): See attached Exhibit"A"for property description. Reservations from and exceptions to conveyance and warranty: Grantor hereby reserves unto itself and its heirs and assigns all of the oil, gas and other minerals in and under said property that have not been previously reserved and/or conveyed by predecessors. This conveyance is made and accepted subject to all restrictions, oil and gas and other mineral leases and severances, encroachments, covenants, conditions, rights of way, and easements now outstanding and of record, if any, in said county affecting the described property. Grantor, for the consideration and subject to the reservation from and exceptions to conveyance and warranty, grants, sells, and conveys to grantee the property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and hold it to grantee, grantee's heirs, successors, and assigns forever. Grantor binds grantor and grantor's heirs and successors to warrant and forever defend all and singular the property to grantee and grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof when the EXHIBIT 2 1/3 https://www 4/24/2019 • • .$ • 541577 STATE OF TEXAS PILE NO. COUNTY OF SAN PATRICIO Field notes of a 22.28 acre tract of land,comprised of a portion of the J.Fisher Survey,Abstract 123,and a portion of the W.W.Smith Survey,Abstract 243,is situated in San Patricio County,Texas,approximately 3 miles east of the town of Gregory,and is described by metes and bounds as follows: Beginning at a 5/8"iron rod with a surveyor's cap stamped"RPLS 1907"set in the east right-of-way line of County Road 4343(McCampbell Road)and at the southwest corner of a 12.632 acre tract of land conveyed to Raymond E.Hollister by deed recorded in Clerk's File No.428943 of the Real Property Records of San Patricio County,Texas; for the northwest corner of this tract; Thence N 88°47'32"E along the south line of said 12.632 acre tract and the north line of this tract,a distance of 527.09 fret to a 5/8"iron rod found at the southeast corner of said 12.632 acre tract,for the northeast corner of this tract; Thence S 01°01' 19"W along the east line of this tract,a distance of 1829.62 feet to a 5/8"iron rod found at the northeast corner of a 11.476 acre tract of land conveyed to James Price,Jr.,by Deed dated May 13, 1993,recorded in Clerk's File No.413031 of the Deed Records of San Pahicio County,Texas;and the northeast corner of a 330.58 acre tract of land conveyed from Mary Elizabeth Gibson to E.J.Gibson by Gift Deed dated December 10,1982,and recorded in Volume 657,Page 13 of the Deed Records of San Patricio County,Texas;for the southeast corner of this tract; Thence S 87°32' 11"W along the north line of said 11.476 acre tract the north line of said 330.58 acre tract and the south line of this tract,a distance of 531.82 feet to a 5/8"iron rod found in the east right-of-way line of said County Road 4343(McCampbell Road),for the southwest corner of this tract; Thence N 01°09'02"E along the east right-of-way line of said County Road 4343(McCampbell Road)and the west line of this tract,a distance of 1841.45 feet to the place of beginning,containing 22.28 acres of land,more or less,subject to all easements of record. Bearings in this description were based on a GPS survey NAD 27,Texas South Zone. I,Julius L.Petrus,Jr.,Registered Professional Land Surveyor of Texas,do hereby state that this description represents an actual survey made on the ground,under my supervision,this the 15th day of November 2004. �ttE OF T Registered Professional Surveyor •Q;v*fR'r Texas Registration No. 1907 J.t„ ETRl1S,JR. TT/17200 " 1907 s?" C4.6St'lR �o EXHIBIT 2 https://www 2/3 4/24/P019' FILE NO. 541577 claim is by, through, or under grantor but not otherwise except as to the reservations from conveyance and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. Compass Bank, Trustee for the Jean ampbell Davis Trust By. AV, / i l//°' ;Iia . Simpson,' • -President State of Texas County of 41,4.44; This instrument was acknowledged before me on the 02 day of F..ba.,,ni-1 , 2005, by Amelia W. Simpson, Vice-President of Compass Bank, Trustee of the Jean McCampbell Davis Trust on behalf of said trust. 4004/9 �iG� /. WI NDOMYN ELMNotary Pub!".State of Texas ) tiorti Mk.has of Tees t© . k, caw 3.2003 FILE ND. 5415'7' "; FILED FOR RECORD NI MU IN a u.DINT L IP 1114, 1M Jk I p nes"�°ian�.wrin�°o .,._.•L. ( �Y .a MAR -22005 Of 114 NW.POONOTV WORDS OP 0401._ 461,141°11:tritas er" IX 4111111.41 - 111111). it oaunr omwa rit Una Castillo Lina Castillo “ETURN T0: SIEltlETURNt TITLE of Corpus Christi, Inc. per. Policy Dept. 5656 S. Staples, Ste.8411 Corpus Christi, TX nr# SC1000•l g EXHIBIT 23/3 • FILED AND RECORDED OFFICIAL PUBLIC RECORDS 41c, Gracie Alaniz-Gonzales County Clerk San Patricia County,Texas 05/22/2019 09:28 AM Fee: $74.00 688481 AGREE