Ordinance No. 13,573ORDINANCE NO. 13,573
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 251.1 -ACRE
ANNEXATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
*****************************************************************************
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: 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 251.1 -acre annexation:
Copies of said Development Agreements are attached hereto and incorporated herein for all intents and
purposes.
Section 2: This ordinance shall take effect immediately
City Council of the City of Baytown.
INTRODUCED, READ, and PASSED by the affirmative vote
Baytown, this the 3151 day of August, 2017.
i
APPROVED AS TO FORM:
NACIO RAMIREZ, SR., 19y Attorney
after its passage by the
City Council of the City of
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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
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:
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
a. 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,
b. the Property is not used to store, sell, distribute, possess or offer for sale or
distribution any kind or character of explosives, pyrotechnics, fireworks,
firecrackers, torpedoes, sky rockets, Roman candles, or any other similar thing;
and
C. the Property is not used to ignite, detonate, cast, throw, discharge or explode any,
firecracker, torpedo, sky rocket, Roman candle or any other similar firework.
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 Goverment 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:
(1) 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.
(2) not store, sell, distribute, possess or offer for sale or distribution any kind
or character of explosives, pyrotechnics, fireworks, firecrackers,
torpedoes, sky rockets, Roman candles, or any other similar thing on the
Property or allow another person to do so; and
(3) not ignite, detonate, cast, throw, discharge or explode any, firecracker,
torpedo, sky rocket, Roman candle or any other similar firework or allow
another person to do so.
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:
Aevelopment Aerccmcnt. Pap 2
(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.
a. any plat or related development document is filed in violation of this Agreement;
b. the Owner commences construction on or development of the Property in
violation of this Agreement;
C. the Property ceases to be used or appraised for agricultural, wildlife management
or timber use;
d. any explosives, pyrotechnics, fireworks, firecrackers, torpedoes, sky rockets,
Roman candles, or any other similar thing are:
(1) stored, sold, distributed, possessed or offered for sale or distributed on the
Property or
(2) ignited, detonated, cast, thrown, discharged or exploded on the Property,
then in addition to the City's other remedies, such act will constitute a petition for
voluntary annexation by the Owner, and the Property will be subject to annexation at the
discretion of the City Council. The Owner agrees that such annexation shall be voluntary
and the Owner hereby consents to such annexation as though a petition for such
annexation had been tendered by the Owner.
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
Development AaeemenL Page 3
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, strects 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.
10. Notice. Any person who sells or conveys any portion of the Property shall, prior to such
Tale 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, Tcxas 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.
Development Agreement Page 4
(b) Covenant Running with the Land. This Agreement shall be recorded in the Real
Property Records of Hams 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.
(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.
Development AM=ment. Page 5
(k) 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/shelit 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 . 2017.
CITY OF BAYTOWN
RICHARD L. DAVIS, City Manager
Entered into this day of -7311 2017.
OWNER:
pp
JOSE ARREDONDO
Po nns..lua n a�
STATE OF'IEN*S §
COUNTY OFi SU §
St�Up 4t4 nn C'
This instrument was acknowledged before me on th�) day of 164 2017, by
JOSE ARREDONDO, Owner of the above -referenced property.
NOTARIAL SEAL
Marsha Diana Flerance. Notary Public
Hallstead Bon. Susquehanna County
My Commission Expires June 14. 2018
STATE OF TEXAS
COUNTY OF HARRIS
Public,, State -ef T ones
04- Pee%nStA1UC.$v1w
This instrument was acknowledged before me on the day of . 2017, by
RICHARD L. DAVIS, City Manager of the City of Baytown, Texas.
After Recording Return to:
Notary Public, State of Texas
City of Baytown
City Clerk
P. O. Box 424
Baytown, Texas 77522
\kobrsOlUeprd( =\FdeeContracuU)m.elopmcat Agreemmts\Ikvdopmmt Aawneot - Arnadondo 2017.doc
Development Agreement. Page 6
Exhibit "A"
Legal PT LT 5 & TR 6A BLK 129
Description: (AG -USE)
ELENA FRUIT & COTTON FARMS D
Property 1607 W CEDAR BAYOU LYNCHBURG RD
Address: BAYTOWN TX 77521
HCAD No. 0591460010042
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 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 Aweement Page 1
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
a. 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;
b. the Property is not used to store, sell, distribute, possess or offer for sale or
distribution any kind or character of explosives, pyrotechnics, fireworks,
firecrackers, torpedoes, sky rockets, Roman candles, or any other similar thing;
and
C. the Property is not used to ignite, detonate, cast, throw, discharge or explode any,
firecracker, torpedo, sky rocket, Roman candle or any other similar firework.
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:
(1) 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.
(2) not store, sell, distribute, possess or offer for sale or distribution any kind
or character of explosives, pyrotechnics, fireworks, firecrackers,
torpedoes, sky rockets, Roman candles, or any other similar thing on the
Property or a]low another person to do so; and
(3) not ignite, detonate, cast, throw, discharge or explode any, firecracker,
torpedo, sky rocket, Roman candle or any other similar firework or allow
another person to do so.
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:
Development Aereement, Page 2
(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:
a. any plat or related development document is filed in violation of this Agreement;
b. the Owner commences construction on or development of the Property in
violation of this Agreement;
C. the Property ceases to be used or appraised for agricultural, wildlife management
or timber use;
d. any explosives, pyrotechnics, fireworks, firecrackers, torpedoes, sky rockets,
Roman candles, or any other similar thing are:
(1) stored, sold, distributed, possessed or offered for sale or distributed on the
Property or
(2) ignited, detonated, cast, thrown, discharged or exploded on the Property,
then in addition to the City's other remedies, such act will constitute a petition for
voluntary annexation by the Owner, and the Property will be subject to annexation at the
discretion of the City Council. The Owner agrees that such annexation shall be voluntary
and the Owner hereby consents to such annexation as though a petition for such
annexation had been tendered by the Owner.
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
Development Agreement Page 3
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.
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.
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.
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.
Development Agreement, Page 4
(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) Ambi ug ities. 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.
(fl 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 Hams 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.
Development Agreement. Page 5
(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) Authon . The Owner covenants that heishe 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 , 2017.
CITY OF BAYTOWN
RICHARD L. DAVIS, City Manager
l
Entered into this day of ..'2017.
OWNER: MARC ASSET HOLDINGS
L.L.C.
A. DERRYBERRY,
STATE OF TEXAS § ll }
UNTY OF HARRIS §
This instrument was acknowledged before me on the "� ay of t"_' , 2017, by
, Manager/Director of Marc Asset Holdings, L.L the wner of the
above -referenced property. -- MARY eavtE MINISINIS
1, or^Puoltr. 5toie of T A05 r
is r�m:.,;ion EX!
�- — - j�iy os. zoi�c
a Pubj# 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
GAGUI rcgai KXM Fdc L m1rxt5Dnc1 :Pm t %bg e em Dnalopmrnt.lbrcamrnt - Marc Asset IlolJmgs:ill' •'--
Development Agreement, Page 6
Legal
Description:
Property
Address:
HCAD No.
Exhibit "A." Page Solo
Exhibit "A"
TR 11A BLK 129
ELENA FRUIT & COTTON FARMS D
0 W CEDAR BAYOU LYNCHBURG RD
BAYTOWN TX 77521
0591460010062