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Ordinance No. 13,483ORDINANCE NO. 13,483 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO DEVELOPMENT AGREEMENTS WITH THE OWNERS OF CERTAIN PROPERTIES WITHIN THE PROPOSED 235.98 -ACRE ANNEXATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section l: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the City Manager and City Clerk of the City of Baytown to execute and attest to the following Development Agreements with the following property owners within the proposed 235.98 -acre annexation: A Kay Milum 0591460000001 B John R. Sanders 0591450000206 Rebecca Tickner Sanders C Pascual Olivares 0591450000026 Copies of said Development Agreements are attached hereto and incorporated herein for all intents and purposes. Section 2: This ordinance shall take effect immediately fromafter its passage by the City Council of the City of Baytown. /J INTRODUCED, READ, and PASSED by the affirmative vote gl�the City Council of the City of Baytown, this the 8h day of June, 2017. � Ar t5 APPROVED AS TO FORM: 4ACIO Z, SR., City rn SWPHEN H. DONCARLOS \\c0b&01\1ega1\Karen\Fi1es\City Council\Ordinances\201Nune 8\DevelopmentAgreementOrdinance.doc Exhibit "A" NOTICE OF CONFIDENTIALITY RIGHTS. IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE REAL PROPERTY RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. DEVELOPMENT AGREEMENT STATE OF TEXAS § COUNTY OF HARRIS § This Development Agreement ("Agreement") is entered into pursuant to Sections 43.035 and 212.172 of the Texas Local Goverment Code by and between the City of Baytown, Texas, (the "City") and the undersigned property owner(s) (the "Owner"). The term "Owner" includes all owners of the Property. RECITALS WHEREAS, the Owner owns a parcel of real property in Harris County, Texas, which is more particularly described in Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes (the "Property"); and WHEREAS, the Property is located within the extraterritorial jurisdiction of the City and is subject to municipal annexation; and WHEREAS, the Property is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Texas Tax Code, or as timber land under Subchapter E of that chapter, and WHEREAS, the City has notified the Owner of its intent to annex the Property and has offered to enter into an agreement guaranteeing the continued extraterritorial status of the Property upon the terms and conditions hereinafter provided; and WHEREAS, pursuant to Section 43.035(b) the City and Owner wish to enter into this Agreement in lieu of the annexation of the Property by 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 of this Agreement; NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: Development Agreement, Page I I . Continuation of Extraterritorial Status. The Property shall not be annexed and shall remain in the extraterritorial jurisdiction of the City for so long as the Property is not subdivided and continues to be appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Texas Tax Code, or as timber land under Subchapter E of that chapter. This provision does not prohibit annexation with the consent of the Owner. 2. Enforcement of Regulations. Pursuant to Section 43.035(b)(1)(B) of the Texas Local Government Code, the City is authorized to enforce all ordinances, regulations and planning authority of the City that do not interfere with the use of the Property for agriculture, wildlife management, or timber use. Such ordinances, regulations and planning authority may be enforced as they now exist or may hereafter be established or amended; and this Agreement shall not be deemed a permit for the purposes of Chapter 245 of the Texas Local Government Code. In addition, the City specifically reserves its authority pursuant to Chapter 251 of the Texas Local Government Code to exercise eminent domain over the Property. 3. Use and Development Restrictions. a. Change in Use. The Owner covenants and agrees that the Owner shall continue to use the Property solely for agricultural, wildlife management or timber use, until the Property has been annexed into, and zoned by, the City. b. Development. The Owner covenants and agrees that the Owner shall not develop all or any portion of the Property in any manner or construct any structure on the Property, which would require the filing of any type of subdivision plat or other development document if the Property were within the corporate limits of the City, until the Property has been annexed into, and zoned by, the City. Development documents include, but are not limited to, the following: (1) subdivision of the Property as regulated by Chapter 126 of the Code of Ordinances; (2) building permit for any purposes for any use other than agriculture, wildlife management and/or timberland consistent with Chapter 23 of the Texas Tax Code; (3) site plan; and (4) application for zoning. 4. Remedies. The Owner acknowledges that if (i) any plat or related development document is filed in violation of this Agreement, (ii) the Owner commences construction on or development of the Property in violation of this Agreement, or (iii) the Property ceases to be used or appraised for agricultural, wildlife management or timber use, 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 Development Agreement, Page 2 Owner hereby consents to such annexation as though a petition for such annexation had been tendered by the Owner. Waiver. If voluntary annexation proceedings begin pursuant to this Agreement, the Owner acknowledges and agrees 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, if any. Furthermore, the Owner hereby waives any and all vested rights and claims that they may have under Section 43.002(x)(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. Moreover, the Owner hereby acknowledges the provision of infrastructure improvements required to serve the land, as listed in Section 8, shall be the sole responsibility of the Owner. f. Term. The term of this Agreement (the "Term") is seven (7) years from the date of execution by the City Manager. 7. Expiration of Term. In consideration of City's execution of this Agreement, the Owner, and all of the Owner's heirs, successors and assigns agree that upon the expiration of this Agreement, that Owner will be deemed to have filed a petition for voluntary 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, to be effective upon the expiration of this Agreement. In connection with voluntary annexation pursuant to this section, the Owner hereby waives any vested rights 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 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. 8. Infrastructure ImRrovements. Property voluntarily annexed pursuant to this Agreement may require infrastructure improvements, including, but not limited to, streets and roads, street and road drainage, land drainage, and water, wastewater, and other utility systems. Owner acknowledges the sole responsibility for providing infrastructure required at the time of annexation, if any, is that of the Owner. Owner further acknowledges that any additional infrastructure improvements, necessitated by proposed future development, shall be the sole responsibility of the Owner. 9. No Municipal Services. It is agreed that during the term of this Agreement, the City is under no obligation to provide any governmental, proprietary or other municipal services to the affected area. Specifically, but without limitation, it is agreed that the City shall not be required to furnish (1) sewer or water service, (2) police protection, (3) fire protection, (4) road or street repairs, and (5) garbage pickup service. Development Agreement, Page 3 10. 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, successors, and assigns shall give the City written notice within 14 days of any change in the agricultural, wildlife management or timber use exemption status of the Property. A copy of either notice required by this section shall be delivered in hand or by registered or certified US mail to the City at the following address: City of Baytown Attn: City Manager 2401 Market Street Baytown, Texas 77520 Notice to the Owner may be addressed to Owner at the address indicated on the most recent Harris County property tax roll for the Property. 11. Miscellaneous Provisions. (a) Parties to Agreement. 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 severally, 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. (b) Covenant Running with the Land. This Agreement shall be recorded in the Real Property Records of Harris County, Texas, and shall be a covenant running with the land binding upon all parties having any right, title or interest in the Property or any part thereof, including their heirs, successors and assigns, and shall inure to the benefit of the owners of the Property and to the City. (c) Severability. If a court of competent jurisdiction determines that any covenant of this Agreement is void or unenforceable, then the remainder of this Agreement shall remain in full force and effect. (d) Non -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. (e) Ambiguities. In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. Development Agreement, Page 4 (f) Headings. The headings appearing at the first of each numbered section in this Agreement are inserted and included solely for convenience and shall never be considered or given any effect in construing this Agreement or any provision hereof, or in connection with the duties, obligations or liabilities of the respective parties hereto or in ascertaining intent, if any question of intent should arise. (g) Governing Law. This Agreement shall be governed by the laws of the State of Texas and construed in conformity with the provisions of Sections 43.035 and 212.172 of the Texas Local Government Code. 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. (h) Venue. Venue for this Agreement shall be in Hands County, Texas. (i) Counterparts. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. (j) Evergreen. This Agreement shall survive its termination to the extent necessary for the implementation of any of the provisions herein. (k) Complete Agreement. This Agreement contains all the agreements of the Owner and the City relating to the subject matter hereof and is the full and final expression of the agreement between such parties. This Agreement may be amended only by written agreement signed by the Owner and the City. (1) Agreement Read. The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. (m) Authority. The Owner covenants that he/she/it has the authority to enter into this Agreement by virtue of being the owner of the Property. Additionally, the officers executing this Agreement on behalf of the Owner hereby represent that such officers have full authority to execute this Agreement and to bind the party he/she represents. Entered into this day of 12017. CITY OF BAYTOWN RICHARD L. DAVIS, City Manager Development Agreement, Page 5 Entered into this day of 2017. OWNER: (0c, � R MrtLMO � fjTARY CU LI-, SEXAS VCAMM EX11 KA IUM OTARY 111 STATE OF TEXAS § COUNTY OF HARRIS This instrument was acknowledged before me on the �L day of , 2017, by KAY MILUM, Owner of the above -referenced property. Notary Public. State of Texas STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on the __ day of 2017, by RICHARD L. DAVIS, City Manager of the City of Baytown, Texas. Notary Public. State of Texas After Recording Return to: City of Baytown City Clerk P. O. Box 424 Baytown, Texas 77522 cobfs0l legal Karen Files Contracts Development Agreements Development Agreement - Milum 2017 doe Development Agreement. Pace 6 Exhibit "A" Legal PT LT 1 (AG -USE) Description: ELENA FRUIT & COTTON FARMS D Property 6008 JOHN MARTIN RD Address: BAYTOWN, TX 77521 HCAD No. 0591460000001 Exhibit "A," Page Solo Exhibit "B" NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE REAL PROPERTY RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. DEVELOPMENT AGREEMENT STATE OF TEXAS COUNTY OF HARRIS This Development Agreement ("Agreement") is entered into pursuant to Sections 43.035 and 212.172 of the Texas Local Government Code by and between the City of Baytown, Texas, (the "City") and the undersigned property owner(s) (the "Owner"). The term "Owner" includes all owners of the Property. RECITALS WHEREAS, the Owner owns a parcel of real property in Hams County, Texas, which is more particularly described in Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes (the "Property"); and WHEREAS, the Property is located within the extraterritorial jurisdiction of the City and is subject to municipal annexation; and WHEREAS, the Property is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Texas Tax Code, or as timber land under Subchapter E of that chapter; and WHEREAS, the City has notified the Owner of its intent to annex the Property and has offered to enter into an agreement guaranteeing the continued extraterritorial status of the Property upon the terms and conditions hereinafter provided; and WHEREAS, pursuant to Section 43.035(b) the City and Owner wish to enter into this Agreement in lieu of the annexation of the Property by 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 of this Agreement; NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: Develg moment Agreement Page 1 Continuation of Extraterritorial Status. The Property shall not be annexed and shall remain in the extraterritorial jurisdiction of the City for so long as the Property is not subdivided and continues to be appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Texas Tax Code, or as timber land under Subchapter E of that chapter. This provision does not prohibit annexation with the consent of the Owner. 2. Enforcement of Regulations. Pursuant to Section 43.035(b)(1)(B) of the Texas Local Government Code, the City is authorized to enforce all ordinances, regulations and planning authority of the City that do not interfere with the use of the Property for agriculture, wildlife management, or timber use. Such ordinances, regulations and planning authority may be enforced as they now exist or may hereafter be established or amended; and this Agreement shall not be deemed a permit for the purposes of Chapter 245 of the Texas Local Government Code. In addition, the City specifically reserves its authority pursuant to Chapter 251 of the Texas Local Government Code to exercise eminent domain over the Property. Use and Development Restrictions. a. Change in Use. The Owner covenants and agrees that the Owner shall continue to use the Property solely for agricultural, wildlife management or timber use, until the Property has been annexed into, and zoned by, the City. b. Development. The Owner covenants and agrees that the Owner shall not develop all or any portion of the Property in any manner or construct any structure on the Property, which would require the filing of any type of subdivision plat or other development document if the Property were within the corporate limits of the City, until the Property has been annexed into, and zoned by, the City. Development documents include, but are not limited to, the following: (1) subdivision of the Property as regulated by Chapter 126 of the Code of Ordinances; (2) building permit for any purposes for any use other than agriculture, wildlife management and/or timberland consistent with Chapter 23 of the Texas Tax Code; (3) site plan; and (4) application for zoning. 4. Remedies. The Owner acknowledges that if (i) any plat or related development document is filed in violation of this Agreement, (ii) the Owner commences construction on or development of the Property in violation of this Agreement, or (iii) the Property ceases to be used or appraised for agricultural, wildlife management or timber use, 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 Development Agreement. Page 2 Owner hereby consents to such annexation as though a petition for such annexation had been tendered by the Owner. Waiver. If voluntary annexation proceedings begin pursuant to this Agreement, the Owner acknowledges and agrees 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, if any. 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. Moreover, the Owner hereby acknowledges the provision of infrastructure improvements required to serve the land, as listed in Section 8, shall be the sole responsibility of the Owner. 6. Term. The term of this Agreement (the "Term") is seven (7) years from the date of execution by the City Manager. 7. Expiration of Term. In consideration of City's execution of this Agreement, the Owner, and all of the Owner's heirs, successors and assigns agree that upon the expiration of this Agreement, that Owner will be deemed to have filed a petition for voluntary 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, to be effective upon the expiration of this Agreement. In connection with voluntary annexation pursuant to this section, the Owner hereby waives any vested rights 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 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. 8. Infrastructure Improvements. Property voluntarily annexed pursuant to this Agreement may require infrastructure improvements, including, but not limited to, streets and roads, street and road drainage, land drainage, and water, wastewater, and other utility systems. Owner acknowledges the sole responsibility for providing infrastructure required at the time of annexation, if any, is that of the Owner. Owner further acknowledges that any additional infrastructure improvements, necessitated by proposed future development, shall be the sole responsibility of the Owner. 9. No Municipal Services. It is agreed that during the term of this Agreement, the City is under no obligation to provide any governmental, proprietary or other municipal services to the affected area. Specifically, but without limitation, it is agreed that the City shall not be required to furnish (1) sewer or water service, (2) police protection, (3) fire protection, (4) road or street repairs, and (5) garbage pickup service. Development Aweement Page 3 10. 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 hens, successors, and assigns shall give the City written notice within 14 days of any change in the agricultural, wildlife management or timber use exemption status of the Property. A copy of either notice required by this section shall be delivered in hand or by registered or certified US mail to the City at the following address: City of Baytown Attn: City Manager 2401 Market Street Baytown, Texas 77520 Notice to the Owner may be addressed to Owner at the address indicated on the most recent Harris County property tax roll for the Property. 11. Miscellaneous Provisions. (a) Parties to Agreement. 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 severally, 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. (b) Covenant Running with the Land. This Agreement shall be recorded in the Real Property Records of Harris County, Texas, and shall be a covenant running with the land binding upon all parties having any right, title or interest in the Property or any part thereof, including their heirs, successors and assigns, and shall inure to the benefit of the owners of the Property and to the City. (c) Severability. If a court of competent jurisdiction determines that any covenant of this Agreement is void or unenforceable, then the remainder of this Agreement shall remain in full force and effect. (d) Non -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. (e) Ambiguities. In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. Development Agreement. Page 4 (f) Headings. The headings appearing at the fust of each numbered section in this Agreement are inserted and included solely for convenience and shall never be considered or given any effect in construing this Agreement or any provision hereof, or in connection with the duties, obligations or liabilities of the respective parties hereto or in ascertaining intent, if any question of intent should arise. (g) Governing Law. This Agreement shall be governed by the laws of the State of Texas and construed in conformity with the provisions of Sections 43.035 and 212.172 of the Texas Local Government Code. 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. (h) Venue. Venue for this Agreement shall be in Harris County, Texas. (i) Counterparts. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. (j) Evergreen. This Agreement shall survive its termination to the extent necessary for the implementation of any of the provisions herein. (k) Complete Agreement. This Agreement contains all the agreements of the Owner and the City relating to the subject matter hereof and is the full and final expression of the agreement between such parties. This Agreement may be amended only by written agreement signed by the Owner and the City. (1) Agreement Read. The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. (m) Authori . The Owner covenants that he/she/it has the authority to enter into this Agreement by virtue of being the owner of the Property. Additionally, the officers executing this Agreement on behalf of the Owner hereby represent that such officers have full authority to execute this Agreement and to bind the party he/she represents. Entered into this day of 22017. CITY OF BAYTOWN RICHARD L. DAVIS, City Manager Development Agement Page 5 Entered into this ay"&iy of 1-� , 2017. O NERS: JOfN R. SANDERS REBECCA TICKNER SANDERS STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on the2LO d y of f \� , 2017, by JOHN R. SANDERS, Owner of the above -referenced rty. sagdx I uoisslWWo0 tiW _ soxelloelois'ollQndAtoloN =,;�e'� Notary Public, State of Texas VIA053S W VHSIIV STATE OF TEXAS § COUNTY OF HARRIS § j� This instrument was acknowledged before me on theL�day of _ hr� V\,\ 2017. by REBECCA TICKNER SANDERS, Owner of the above -referenced pro erty ;a•; o ALISHA M. :SEGOVIANotary Public. f TexasMy Commisspires Notary Public, State of Texas October 28 STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on the . day of , 2017, by RICHARD L. DAVIS, City Manager of die City of Baytown, Texas. Notary Public, State of Texas After Recording Return to: City of Baytown City Clerk P. O. Box 424 Baytown, Texas 77522 COarsoI-LcgatharmrilcsContracts' Devcloptnent Agrminctus Dc%clopment %grccmcnt - Sanders 2017RdoL Development Agreement, Page 6 Legal Description: Property Address: HCAD No. Exhibit "A; ' Page Solo Exhibit "A" PT TR 26A (AG -USE) ELENA FRUIT & COTTON FARMS D 6310 JOHN MARTIN RD BAYTOWN, TX 77521 0591450000206 Exhibit T" NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE REAL PROPERTY RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. DEVELOPMENT AGREEMENT STATE OF TEXAS COUNTY OF HARRIS This Development Agreement ("Agreement") is entered into pursuant to Sections 43.035 and 212.172 of the Texas Local Government Code by and between the City of Baytown, Texas, (the "City") and the undersigned property owner(s) (the "Owner"). The term "Owner" includes all owners of the Property. RECITALS WHEREAS, the Owner owns a parcel of real property in Harris County, Texas, which is more particularly described in Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes (the "Property"); and WHEREAS, the Property is located within the extraterritorial jurisdiction of the City and is subject to municipal annexation; and WHEREAS, the Property is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Texas Tax Code, or as timber land under Subchapter E of that chapter; and WHEREAS, the City has notified the Owner of its intent to annex the Property and has offered to enter into an agreement guaranteeing the continued extraterritorial status of the Property upon the terms and conditions hereinafter provided; and WHEREAS, pursuant to Section 43.035(b) the City and Owner wish to enter into this Agreement in lieu of the annexation of the Property by 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 of this Agreement; NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: Development Agreement, Page 1 Continuation of Extraterritorial Status. The Property shall not be annexed and shall remain in the extraterritorial jurisdiction of the City for so long as the Property is not subdivided and continues to be appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Texas Tax Code, or as timber land under Subchapter E of that chapter. This provision does not prohibit annexation with the consent of the Owner. 2. Enforcement of Regulations. Pursuant to Section 43.035(b)(1)(B) of the Texas Local Government Code, the City is authorized to enforce all ordinances, regulations and planning authority of the City that do not interfere with the use of the Property for agriculture, wildlife management, or timber use. Such ordinances, regulations and planning authority may be enforced as they now exist or may hereafter be established or amended; and this Agreement shall not be deemed a permit for the purposes of Chapter 245 of the Texas Local Government Code. In addition, the City specifically reserves its authority pursuant to Chapter 251 of the Texas Local Government Code to exercise eminent domain over the Property. 3. Use and Development Restrictions. a. Change in Use. The Owner covenants and agrees that the Owner shall continue to use the Property solely for agricultural, wildlife management or timber use, until the Property has been annexed into, and zoned by, the City. b. Development. The Owner covenants and agrees that the Owner shall not develop all or any portion of the Property in any manner or construct any structure on the Property, which would require the filing of any type of subdivision plat or other development document if the Property were within the corporate limits of the City, until the Property has been annexed into, and zoned by, the City. Development documents include, but are not limited to, the following: (1) subdivision of the Property as regulated by Chapter 126 of the Code of Ordinances; (2) building permit for any purposes for any use other than agriculture, wildlife management and/or timberland consistent with Chapter 23 of the Texas Tax Code; (3) site plan; and (4) application for zoning. 4. Remedies. The Owner acknowledges that if (i) any plat or related development document is filed in violation of this Agreement, (ii) the Owner commences construction on or development of the Property in violation of this Agreement, or (iii) the Property ceases to be used or appraised for agricultural, wildlife management or timber use, 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 Development Agreement, Page 2 Owner hereby consents to such annexation as though a petition for such annexation had been tendered by the Owner. 5. Waiver. If voluntary annexation proceedings begin pursuant to this Agreement, the Owner acknowledges and agrees 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, if any. 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. Moreover, the Owner hereby acknowledges the provision of infrastructure improvements required to serve the land, as listed in Section 8, shall be the sole responsibility of the Owner. 6. Term. The term of this Agreement (the "Term") is seven (7) years from the date of execution by the City Manager. 7. Expiration of Term. In consideration of City's execution of this Agreement, the Owner, and all of the Owner's heirs, successors and assigns agree that upon the expiration of this Agreement, that Owner will be deemed to have filed a petition for voluntary 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, to be effective upon the expiration of this Agreement. In connection with voluntary annexation pursuant to this section, the Owner hereby waives any vested rights 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 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. 8. Infrastructure Improvements. Property voluntarily annexed pursuant to this Agreement may require infrastructure improvements, including, but not limited to, streets and roads, street and road drainage, land drainage, and water, wastewater, and other utility systems. Owner acknowledges the sole responsibility for providing infrastructure required at the time of annexation, if any, is that of the Owner. Owner further acknowledges that any additional infrastructure improvements, necessitated by proposed future development, shall be the sole responsibility of the Owner. 9. No Municipal Services. It is agreed that during the term of this Agreement, the City is under no obligation to provide any governmental, proprietary or other municipal services to the affected area. Specifically, but without limitation, it is agreed that the City shall not be required to furnish (1) sewer or water service, (2) police protection, (3) fire protection, (4) road or street repairs, and (5) garbage pickup service. Development Agreement. Page 3 10. 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, successors, and assigns shall give the City written notice within 14 days of any change in the agricultural, wildlife management or timber use exemption status of the Property. A copy of either notice required by this section shall be delivered in hand or by registered or certified US mail to the City at the following address: City of Baytown Attn: City Manager 2401 Market Street Baytown, Texas 77520 Notice to the Owner may be addressed to Owner at the address indicated on the most recent Harris County property tax roll for the Property. 11. Miscellaneous Provisions. (a) Parties to Agreement. 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 severally, 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. (b) Covenant Running with the Land. This Agreement shall be recorded in the Real Property Records of Harris County, Texas, and shall be a covenant running with the land binding upon all parties having any right, title or interest in the Property or any part thereof, including their heirs, successors and assigns, and shall inure to the benefit of the owners of the Property and to the City. (c) Severability. If a court of competent jurisdiction determines that any covenant of this Agreement is void or unenforceable, then the remainder of this Agreement shall remain in full force and effect. (d) Non -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. (e) Ambiguities. In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. Development Agreement, Page 4 (f) Headings. The headings appearing at the first of each numbered section in this Agreement are inserted and included solely for convenience and shall never be considered or given any effect in construing this Agreement or any provision hereof, or in connection with the duties, obligations or liabilities of the respective parties hereto or in ascertaining intent, if any question of intent should arise. (g) Governing Law. This Agreement shall be governed by the laws of the State of Texas and construed in conformity with the provisions of Sections 43.035 and 212.172 of the Texas Local Government Code. 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. (h) Venue. Venue for this Agreement shall be in Harris County, Texas. (i) Counterparts. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. (j) Evergreen. This Agreement shall survive its termination to the extent necessary for the implementation of any of the provisions herein. (k) Complete Agreement. This Agreement contains all the agreements of the Owner and the City relating to the subject matter hereof and is the full and final expression of the agreement between such parties. This Agreement may be amended only by written agreement signed by the Owner and the City. (1) Agreement Read. The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. (m) Authori . The Owner covenants that he/she/it has the authority to enter into this Agreement by virtue of being the owner of the Property. Additionally, the officers executing this Agreement on behalf of the Owner hereby represent that such officers have full authority to execute this Agreement and to bind the party he/she represents. Entered into this day of 12017. CITY OF BAYTOWN RICHARD L. DAVIS, City Manager Development Agreement, Page 5 Entered into this A20 day of ffl6VrjL , 2017. OWNER: PASCUAL ULIVARES STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on the )0 day of �Y Q rc , 2017, by PASCUAL OLIVARES, Owner of the above -referenced property. .•� Not ublic, Sta of Texas MARTHA E PEAN My Commission Expires December 23, 2016 STATE OF TEXAS ''h« COUNTY OF HARRIS This instrument was acknowledged before me on the day of , 2017, by RICHARD L. DAVIS, City Manager of the City of Baytown, Texas. Notary Public, State of Texas After Recording Return to: City of Baytown City Clerk P. O. Box 424 Baytown, Texas 77522 \\cobfs0l\legal\Karen\Files\Contmcts\Development Agmanents\Development Agreement - Olivares 2017.doc Development Agreement, Page 6 LMAJq I AIHMSIAM I,IX! nji!el,"Moo YM R"I'llX3 noiazimmoo YM 8 8JU W!, cg lodmq3so Legal Description: Property Address: HCAD No. Exhibit "A," Page Solo Exhibit "A" TR 26B IN LT 26 ELENA FMS UNIT D A-899 WCRR MAP B 6322 JOHN MARTIN RD BAYTOWN, TX 77521 0591450000026