HomeMy WebLinkAboutC2019-277 - 5/14/2019 - Approved 688477 AGREE Total Pages: 19
•III Kfri 11.ICAMP ri.h,,h I Oft),t), II I RECEIVED
MAY 242019
DEVELOPMENT AGREEMENT
UNDER SECTION 43.016, TEXAS LOCAL GOVERNMENT CODECItY Managers Office
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 a parcel of real property in San Patricio County, Texas, which
is identified by San Patricio County Appraisal District as Geographic ID: 1314-1600-0000-
002 and more particularly described in the attached Exhibit "B" (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, a portion of that Property is in the City of Portland city limit and the remainder
of the property 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. Area. This agreement applies only to the area of the Owner's Property within
the Corpus Christi Extraterritorial Jurisdiction (Area). This agreement does not apply to the
area of the Owner's Property within the City of Portland.
Page 1 of 8
SCANNED
Section 3. 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 Area, 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 Area,
agrees not to involuntarily institute proceedings to annex the Area, and further agrees not
to include the Area in a statutory annexation plan for the Term of this Agreement. However,
if the Area is annexed pursuant to the terms of this Agreement, then the City shall provide
services to the Area pursuant to Chapter 43 of the Texas Local Government Code.
Section 4. 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 5. Owner's Obligations. In consideration of the City's agreement not to annex
the Area and as a condition of the Area remaining in the City's extraterritorial jurisdiction,
the Owner covenants and agrees to the following:
(a) The Owner shall not to use the Area for any use other than for agriculture,
wildlife management, and/or timber land consistent with Chapter 23 of the
Texas Tax Code 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 Area with a governmental entity that has
•
jurisdiction over the area, regardless of how the area is appraised for ad
valorem tax purposes.
Section 6. Development and Annexation of Area.
(a) Pursuant to Texas Local Government Code §212.172, the following
occurrences shall be deemed the Owner's petition for voluntary annexation of
the Area, and the Area 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)The Area 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 Area 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 Area into the City by the Owner.
(4) The expiration of this Agreement.
Page 2 of 8
(5) Upon termination of this Agreement.
(b) The Owner agrees that annexation initiated due to an occurrence under
Section 6(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 7. 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 Area 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 8. 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. Sold portions of the Area deemed an
Owner's petition for voluntary annexation of the Area per Section 6 shall not affect the
extraterritorial status of Owners of Property in compliance with Section 5.
Section 9.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 10. 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 the term of this Agreement and constitutes a covenant running with the land.
Page 3 of 8
Section 11.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 12. 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 13. 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 14. 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 15. 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 16. 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 17. 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 18. Counterparts. This Agreement may be separately executed in individual
counterparts and, upon execution, shall constitute one and same instrument.
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 Area into the City.
Section 20. 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 21. Authorization. That all parties and officers signing this Agreement warrant
to be duly authorized to execute this Agreement.
Page 4 of 8
Entered into this 161144
�nn day of (, `A , 2019.
Owner (s) : GJW Partnership
160
Joseph 5. Cable
Joseph Edward Garrett III
Christopher H. Cable
Susan Garrett Wright
Katherine S. Cable
Jason G. Jamieson
Melissa L. Jamieson in her capacity as the
INDEPENDENT ADMINISTRATOR OF THE
ESTATE OF JEFFEREY G. JAMIESON,
DECEASED, on behalf of said estate
Page 5 of 8
Entered into this day of , 2019.
Owner (s) : GJW Partnership
Joseph D. Cable
4111111allr- \\
Joseph war Garrett 111
Christopher H. Cable
Susan Garrett ght
4012.4
Kat►erine S. Cable
Jason G. Jamieson
Melissa L. Jamieson in her capacity as the
INDEPENDENT ADMINISTRATOR OF THE
ESTATE OF JEFFEREY G. JAMIESON,
DECEASED, on behalf of said estate
Page 5 of 8
Entered into this (() day of Na j , 2019.
Owner(s) : GJW Partnership
Joseph D. Cable
Joseph Edward Garrett III
C i ezt. L— 1( C ;4 C4 3LR n S &ld VEA - 1-1
Christopher ble
Susan Garrett Wright
Katherine S.Cable
Jason G.Jamieson
Melissa L. Jamieson In her capacity as the
INDEPENDENT ADMINISTRATOR OF THE
ESTATE OF JEFFEREY G.JAMIESON,
DECEASED,on behalf of said estate
Page 5 of 8
Entered into this day of , 2019.
Owner (s) : GJW Partnership
Joseph D. Cable
Joseph Edward Garrett III
Christopher H. Cable
Susan Garrett Wright
Katherine S. Cable
14 ---'��
Ja n G. Jami on
Melissa L. Jamieson in her capacity as the
INDEPENDENT ADMINISTRATOR OF THE
ESTATE OF JEFFEREY G. JAMIESON,
DECEASED, on behalf of said estate
Page 5 of 8
Entered into this day of , 2019.
Owner (s) : GJW Partnership
Joseph D. Cable
Joseph Edward Garrett III
Christopher H. Cable
Susan Garrett Wright
Katherine S. Cable
Jason G. Jamieson
W • az,nMel' sa L. Jamieson er capacity as the
INDEPENDENT ADMINISTRATOR OF THE
ESTATE OF JEFFEREY G. JAMIESON,
DECEASED, on behalf of said estate
Page 5 of 8
STATE OF TEXAS §
COUNTY OF pU Fr fs §
This instrument was acknowledged before me on the /6+i, day of /146.7
2019, by Joseph D. Cable, Owner.
;c :t My Notary iD i 196729$
Expires Awl 23,2022 ! Nota Public, State of Texas
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the day of
2019, by Joseph Edward Garrett, Ill, Owner.
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the day of
2019, by Christopher H. Cable, Owner.
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the day of
2019, by Susan Garrett Wright, Owner.
Notary Public, State of Texas
Page 6 of 8
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the day of
2019, by Joseph D. Cable, Owner.
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY §
191
This instrument was acknowledged before me on the 1(0 day ofWit ,
ett, Ill, Owner.
=•, •= MY COMMISSION EXPIRES
"',1s,t€t,s' MAY 17, 2019 I ,,tt&
i �I
otary Public, State of Texas
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the day of
2019, by Christopher H. Cable, Owner.
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY O5° riq
§
This instrument was acknowledged before me on the v day of 4, ,
2019, bySusan Garrett Wright, Owner.
9
LINDA GAIL IVIE akij
_•. •_ MY COMMISSION EXPIRES otary Public, S ate of Texas '
MAY 17, 2019
-p2.- (eq 3 -3
Page 6 of 8
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the day of
2019, by Joseph D.Cable, Owner.
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the day of ,
2019, by Joseph Edward Garrett. III,Owner.
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF1 §
This instrument was acknowledged before me on the )h day of lam'?0. ,
2019, by Christopher H.Cable, Owner.
MCatAitz Ewes fer(‘
otnazon Notary Public. State exas 10 No.115250342
STA • /A- §
COUNTY OF §
This instrument was acknowledged before me on the• day of ,
2019, by Susan Garrett Wright, Owner.
Notary Public, State of Texas
Page 6 of 8
STATE OF TEXAS -C� , /
COUNTY OF l I v1" § p
l
1
This instrument was acknowledged before me on the day of ,
2019, by Katherine S. Cable, Owner.
O*, LINDA GAIL IVIS
MY COMMISSION EXPIRES ($16—)
"„ 'b° MAY 17, 2019 a, } otary Public, State of Texa
Da-19�y3-3
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the day of
2019, by Jason G. Jamieson, Owner.
Notary Public, State of Texas
STATE OF §
COUNTY OF §
This instrument was acknowledged before me on the day of
2019, by Melissa L. Jamieson, in her capacity as the independent administrator of the
estate of Jefferey G. Jamieson, deceased, on behalf of said estate.
Notary Public, State of Texas
Page 7 of 8
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the day of
2019, by Katherine S. Cable, Owner.
Notary Public, State of Texas
STATE OF TEXA116, r
S
COUNTY OF �, §
This instrument was acknowledged before me on the 1(P fn day of i cL 3 ,,
2019, by Jason G. Jamieson, Owner.
MARY E. CHERRY
i+z Notary Public, State of Texas
. /
`. Q: Comm. Expires 09-11-2022 ary Public, to of Texas
,,' Notary ID 131718006
STATE OF §
COUNTY OF §
This instrument was acknowledged before me on the day of
2019, by Melissa L. Jamieson, in her capacity as the independent administrator of the
estate of Jefferey G. Jamieson, deceased, on behalf of said estate.
Notary Public, State of Texas
Page 7 of 8
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the day of
2019, by Katherine S. Cable, Owner.
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the day of
2019, by Jason G. Jamieson, Owner.
Notary Public, State of Texas
STATE OF A §
COUNTY OF r )7 1 1? FAX §
This instrument was acknowledged before me on the I V day of M ,
2019, by Melissa L. Jamieson, in her capacity as the independent administrator of the
estate of Jefferey G. Jamieson, deceased, on behalf of said estate.
\\\11IIIII///, /
.... ��i Not. ' blic, State of T:4r!
ti
CD
•
ti�.
\\.
1 0OMMON`1\1 ��� \
�/!11IIA\1
Page 7 of 8
City of Corpus Christi:
ATTEST: 0
/i4fri i
/
/1"1
By: if By: �.11/r,,, BM!.,..� /i/
'. - '. -r'tea • c I e.rr •amue' Keith y elman
/ -,A .City Se etary Interim City Manager
25 V J l2,2 1 AU I tlUtw.L4
.i., ,../..)4.1.a..
STATE OF TEXAS § CRfTA {-13
$EIW
COUNTY OF NUECES §
This instrument was acknowledg- os-for- me 4,9p this 111*-day of
M , 2019, by ' _ =---- - -, City Secretary, of the City of
Corpus Ch isti, a Texas home-rule municipal corporation, on behalf of said corporation.
-s1".",••, ALYSHA SARA BERLANGA ►
°A �o ID# 13097332-0 ► pi
{.1 Notary Public ha 111" Cana_►
4 ., f r STATE OF TEXAS ► Nota y Public, State of Texas
4 '.„1.710f...4./v. lily
SOT.
Co . Exp. 01-19 2021
STA i EXAS §
COUNTY OF NUECES §
Thisinstrument was acknowledged before me on this ' 131\day of
tAPt-- , 2019, by Samuel Keith Selman, Interim City Manager, of the
City of Cor us Christi, a Texas home-rule municipal corporation, on behalf of said
corporation.
cam , r
4 "-Y'`' ERICA D GARCIA ;
�'= Notary Public,State of Texas �L '�\�u
1 ;s� 4y' My Commission Expires , Notary Public, Sta e • -xas
": (5".i'••' September 2,2019 i
APPROVED AS TO FORM:
,,14, 5.—l7-(`
Buck Brice date
Assistant City Attorney
for the City Attorney
Page 8 of 8
•
i _ 649208 08/03/2015 02:59:30 PM Page 16 of 33
EXHIBIT B
(Legal Description of Grantors' Remaining Land)
393.72 ACRE TRACT
A 393.72 ACRE TRACT OF LAND OUT OF A 531.467 ACRE,AS RECORDED IN
DOCUMENT NUMBER 422250,DEED RECORDS ,SAN PATRICIO COUNTY,TEXAS
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING at a found 5/8 inch iron rod for the observed southwest corner of a 72.476 acre
tract, as recorded in Document No. 596633,Deed Records,San Patricio County,Texas,and for
the lower north corner of said 531.467 acre tract,said found rod being on the east right-of-way
line of FM 2986, for north corner of the herein described tract;
THENCE South 60°05'38"East,with the common line of said 72.476 acre tract and the
westerly north line of said 531.467 acre tract, a distance of 758.78 feet to a set 5/8 inch iron rod
with a red plastic cap stamped"NAISMITH ENG. C.C.,TX" (herein after called set iron rod) for
a corner of the herein described tract;
THENCE South 37°47'41"East,a distance of 502.65 feet to a set 5/8 inch iron rod for a corner
of the herein described tract and the beginning of a curve to the left having a radius of 1597.69
feet,a chord bearing of South 48°55'40"East and a chord distance of 616.99 feet;
THENCE with said curve to the left, an arc distance of 620.89 feet to a set iron rod for a corner
of the herein described tract;
THENCE South 60°03'38"East,a distance of 534.74 feet to a set iron rod for a corner of the
herein described tract and the beginning of a curve to right having a radius of 1267.69 feet,a
chord bearing of South 43°33'58"East and a chord distance of 719.86 feet;
THENCE with said curve to the right,an arc distance of 729.90 feet to a set iron rod for a corner
of the herein described tract;
THENCE South 27°04'17"East,a distance of 971.72 feet to a set iron rod for a corner of the
herein described tract and the beginning of a curve to left having a radius of 1597.69 feet,a
chord bearing of South 42°40'12"East and a chord distance of 859.22 feet;
THENCE with said curve to the Ieft, an arc distance of 869.92 feet to a set iron rod for a corner
of the herein described tract;
THENCE South 35°27'22"East,a distance of 325.93 feet to a set iron rod for a corner of the
herein described tract;
THENCE South 65°27'22"East,a distance of 16.53 feet to a set iron rod on the common
easterly line of said 531.467 acre tract and the westerly right-of-way line of U.S. Highway 181,
for a corner of the herein described tract;
292221v8 16 Exhibit B to Pott/Cable-Garrett Special Warranty Deed-Final
' 649208 08/03/2015 02:59:30 PM Page 17 of 33
THENCE South 29°52'57" West,with said common line,a distance of 349.41 feet to a
calculated point from which a concrete monument found bears North 75°58'37"West,a distance
of 1.63 feet,said calculated point also being the beginning of a curve to right having a radius of
5684.58 feet,a chord bearing of South 33°33'20" West and a chord distance of 718.83 feet;
THENCE with said curve to the right, an arc distance of 719.31 feet to a set iron rod for a corner
of the herein described tract;
THENCE South 37°17'09"West,a distance of 1097.40 feet to a set iron rod for a corner of the
herein described tract and the beginning of a curve to left having a radius of 5774.58 feet,a
chord bearing of South 35°20'52"West and a chord distance of 460.65 feet;
THENCE with said curve to the left,an arc distance of 460.77 feet to a found 5/8 inch iron rod
for the southeast corner of said 531.467 acre tract, same being the northeast corner of an 11.15
acre tract, as described in Document Number 596711,recorded in Deed Records of San Patricio
County,Texas, for the southeast corner of the herein described tract;
THENCE North 60°06'49" West,with the south line of said 531.467 acre tract,a distance of
3101.91 feet to a found 5/8 inch iron rod for a corner of said 531.467 acre tract, same being a
corner of a 22.864 acre tract,as recorded in Document Number 341240. Deed Records of San
Patricio County,Texas,for a corner of the herein described tract;
THENCE North 30°05'03"East,with the common line of said 531.467 acre tract and said
22.864 acre tract,a distance of 337.68 feet to a found 5/8 inch iron rod for a corner of the herein
described tract;
THENCE North 59°58'01"West,with said common line,a distance of 600.12 feet to a found
5/8 inch iron rod for a corner of the herein described tract;
THENCE South 30°00'47"West,with said common line,a distance of 338.71 feet to a found
5/8 inch iron rod for a corner of the herein described tract;
THENCE North 60°06'57"West,with said common line,a distance of 1080.98 feet to a found
5/8 inch iron rod for the southwest corner of said 531.467 acre tract, same being the northwest
corner of said 22.864 acre tract and being on the east right-of-way line of said FM 2986, for the
•
southwest corner of the herein described tract;
THENCE North 30°04'12"East,with the west line of said 531.467 acre tract,same being the
east right-of-way line of said FM 2986,parallel to the centerline of FM 2986 and 50.00 feet
perpendicular distance thereof, a distance of 4051.34 to the POINT OF BEGINNING and
containing 17,150,356 square feet or 393.72 acres of land.
NOTE: ALL BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS COORDINATE
SYSTEM FOR THE LAMBERT SOUTH ZONE NAD 1983.
292221v8 17 Exhibit 13 to Port/Cable-Garrett Special Warranty Deed-Final
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
,111 R{4
'4 Jciil'a
'n TA& „s! /440441i• as7
Gracie Alaniz-Gonzales
County Clerk
San Patricia County,Texas
05/22/2019 09:28 AM
Fee: $94.00
688477 AGREE