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Ordinance No. 11,913ORDINANCE NO. 11,913 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 CERTAIN OWNERS OF PROPERTY WITHIN THE PROPOSED 613 -ACRE ANNEXATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. **+*+ �**+ �**.*++« s�+• �: ��** rrr �►* r*. rar*►*r rrra r►rt * * * +• + +. * * * *•ra�� * *� « *���� 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 Development Agreements with the following property owners within the proposed 613 -acre annexation: Copies of said Development Agreements are attached hereto, marked Exhibits "A" — "C" and incorporated herein for all intents and purposes. Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ, and PASSED by the affirmative vote ofjli�City Council of the City of Baytown, this the 12th day of April, 2012. �� A STOPHEN H. DONCARLOS, Mayor 5 c� 0 APPROVED AS TO FORM: Cf"ACIO RAMIREZ, SR., Ci ttl orney 1 \Cobfs01\1ega1\Kmen \Fi1es \City Counci1\0rdinmces\2012\Apri1 1 21 DevelopmentAgreementOrdinance .doc Name Jim Ferris I ICAD Account Number 0591500200023 Jim Ferris 0591500200024 Ray Mandi 0591500200174 DDR Corp 0591500210013 Copies of said Development Agreements are attached hereto, marked Exhibits "A" — "C" and incorporated herein for all intents and purposes. Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ, and PASSED by the affirmative vote ofjli�City Council of the City of Baytown, this the 12th day of April, 2012. �� A STOPHEN H. DONCARLOS, Mayor 5 c� 0 APPROVED AS TO FORM: Cf"ACIO RAMIREZ, SR., Ci ttl orney 1 \Cobfs01\1ega1\Kmen \Fi1es \City Counci1\0rdinmces\2012\Apri1 1 21 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 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: Develo meant Agreement. Page 1 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 Re lug ations. 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 exists 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. However, the Owner may construct an accessory structure to an existing single - family dwelling in compliance with all applicable City ordinances and codes as if the Property were within the corporate limits of the City and zoned NC. 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 Develonment Am±eement. Page 2 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. W= 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. 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. Inftstructure 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 Development Agreement. Page 3 be required to fumish (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, successor, 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. IL Miscellaneous Provisions. (a) Parties to Agmement. 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 severably, 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. Devela meM A ment. Page 4 (e) Ambiggities. 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) Go_ vernin 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. (1) Counte arts. This A eement 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 A reement. 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 .2012. CITY OF BAYTOWN ROBERT D. LEIPER, City Manager Development Agreement Page 5 Entered into this / day of 1 �, , 2012. OWNER: JIM MyPERRIS S. Main treet aytown, TX 77520 -7008 THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on the _oday of , Z , 2012, by Jim Ferris, Owner. SABRINA � L. FRAZAR • a Notary , ►Y Pubfi c, State of Texas Notary Public, State of Texas Commission Expires 00.06 -2012 ,. t,lilt . THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on the day of , 2012, by Robert D. Leiper, 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 11 Cobfs0l\ lcpl\ KorcnlFiles \Contmcts\Dcvclopmcnt Abrccmcnts\Dcvclopmcnt Afire mcnt rerris.doc Development Agreement, Page 6 --Z ldl MR 'M=4 paulePuoo slusuanoa lgnPnw :sMOIIaJ � aafie olatag salusd alp 3o uollwaplsuoa u! 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PaglmsoP (pgn*WW mom sl golgb te=JL 4un03 s9mH ul XJadoid pru jo pmd a sumo Jaumo alp `gviviiM slv -u33v sapnlmq •mamOn W*l a "AwdoJd MP3o wumo Ila g.1. 'G.J Oy a�N) (s�awbo �P.tadatd paug stapun atp P= GAI3„ mo) y VAiWsQ jo 413 alp uMMM pm .(q opoo luaunaaAop IWCrj ==.L atp 3o ZLI'Z IZ Pau S£0'£b suollaaS of lmsend ow! p Mua sl LMawaa V ,) luawaa V zuawdopAM spLL § srum ao mmoc) § sbxaL do JLVJ s JAMUMNev tdo'l ia(l MOM AJXUOvd KoU o&d oMMoZZOM MU d l o aW MEMS fro gao AVW aoA `nomad MMMM V ggd nox M =s. ADIN AM'MjXXWal Cp fdo Bottom ,,8,l I!q!gx3 1. C • r in the esctrate�rritorial Jurisdiction of the City fc so llon t as the �� gy shalt subdivided and continues to be appraised for ad valorem tax P tZOt agricultural or wildlife management use under �° as land for CAde, or as timber [and under Subchapter Subchapter C or D, Chapter 23, Texas Tax p OWWt annexation with the consent ofthe that chapter. This provision does not 2. M� Pursuant to Section 43.035(bXl)(i3) of the Texas Local phMnin a Government: Code, the City is authorized to enforce all ordinances, regulations and planning authority of the City that do not fnterfm with the use of the Property for agriculture, wildlife management, or timber use. Such ordfnances, regulations and Planning authority may be enforced as they now exists or may hereafter be establMed or amended; and this Agreement shall not be deemed a permit for the purposes of Chapter 245 of the Texas Lc=l Government Code. In addition, the City spectfioagy MsWM ns authority pursuant to Chapter 251 of the Texas Local Government Code to exercise eminent domain over the Property. 3. Use and Develomen+ gegsMationQ a. amada e. The Owner covenants and agrees that the Owner shall continue to use the Property solely fbr agriculturd, wildlife management or timber use, until the Property has been annexed into, and zoned by, the City. b. 2OLeIMM t 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 We of subdivision plat or other development document if the Property were whin the corporate lid of the City, until the Property has been annexed fr o, and zoned by, the City. Development documents Include, but are not limited to, the following: (1) subdivision of the Property as regulate Ordinances; d by Chapter 126 of the Code of (2) building permit for any purposes for any use other than wildlife management and/or timberland consistent with Chapter 223 of ft Texas Tax Code; (3) site plan; and (4) application for zoning. However, the Owner may conmr -t an accessory structure to an existing single ibmily dwelling In comptiaace with all applicable City ordinances and codes as if the Property were within the corporate limits of the City and zoned NC. 4. & % The Owner acknowledges that if (1} any plat or related development dwMent fs Sled in violation of this Agreement, 00 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 � , Page 2 44?jlos q In addition to the City's other remedles, such act will constitute a petition for voluntary annexation by the Owner, and the Pmperty will be subject to annexation at the discretion of the City Council. 118 Owner agrees dW such annexation shall be voluntary and tits Owner hereby consents to such annexation as though a petition for such annesation had been tendered by the Owner. 5. Waiver. If voluntary annexation proceedings be* pursuant to this Agreement, the Owner acknowledges and agrees that this Agreement serves as an eateeption b Local Government Code Section 43.0529 requiring a muaicipallty to an certain statutory procedures under an annexation plan, if auy. Furthermore, the Owner hereby waives any and all vested rights and claims that they &Cft13 43.002(a)(2) and Chapter 245 of the Texas Local Government Code ntirat would otherwise exist by virtue of any actions Owner has taken in violation of Section 2 lhterele. Moreover, the Owner hereby acknowledge$ the pion of iati'astructnce improvements required to serve the Hurd, as listed in Section 8, shan be the gole responsibility of the Owner. 6• MM 47ta farm of this Agreement (the - Tenn") is seven (7) years ii+om the date of execution by the City Manager. 7. FAMIM -ion of Tenn. 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 eotpirstion of this Agreement, that Owner will be deemed to have Eden a petition for volunfaaiy annexation of the Property to be completed on or after the end of the Terra. Prior to the and of the Term, the City may commence the voluntary annexation of the Property, to be effective upon the expiration of this Agreement. In cottnectioo with voluntary aouendoe pursuant to this section, the Owner•hemby waives any vested rights the Owner stay have under Section 43.0Ma)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any plat or coustraction any of the owners way initiate during the time between the expiration of this Agreement and the institution of annexation pings by the City. 8• Relate vements. Property voluntarily annexed pursuant to this Agreement may require ittfrasbucture 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 infrasttucta re 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. NOpai Services. It is agreed that during the term of this Ageetnent, the City is under no obligation too provide any governmental, proprietary or other municipal servicas to the affiCted area. Specifically, but without limitation, it is agreed that the City shall not Page 3 ►/2 be required to ffimish (I) sewer or water service, (2) police protection, (4) road or street repairs, and (y) gage pia P on, (3) fire protection pickup service. 10. Nedw. Any Person who sells or conveys any portion of the Poo shat sale or conM%Uce, give written notice of this A ' b prior m such the and shall give written notice of the sale conveyance to the prospective purchaser or Owner and the Owners bells, successor, and assign l a v fire City. dtten not ce within 14 days of any elan in the � give the City written notice exemption status of the � agricultural, wildlitb management or timber use exec ti in } or b��. A copy of either notice required by this section shall be address: Y re8istcred or certified US mail to the City at the following 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 Hands County Property tax roll for the Property. 11• sions. (a) Pm'4es to A *M W The Owner acknowledges that each and every owner of the Property must sign this Agreement in order for the Agreement to take fbn effect, and the Owner who signs this Agreement covenants and agrees, jointly and severably, to indemnify, hold harmless, and defend the City against any and 100 legal claims„ by any person claiming an ownership interest in the Propv* W110 has not signed the Agreemeat, arising in any way from the-city's reIlamce on this Agreement: (b) C93mu t ,R unnins with the Lend. This Agent 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 On benefit of the owners of the property and to the City. (a) &=-W 1i 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 iidl force and effect. ( o r. 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. Page 4 (e) Ambiffiffis 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. M H94hW. Site headings appearing at the first of each numbered section in this Agnement are Inserted and included be solely for convenience and shall never considered or given any effect in conskulng this Agreement ar an hereof; or in connection with the duties, obligations Provision Patties hereto or in ascertaining nter if an gallons or Liabilities of the respective g 4 y question of intent should arise. (9) QUOMing 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 Ong WMWAdon shall aft% at the enforceability of this Agreement or the City's ability to anrtex the properties covered herein pursuant to the terms of this Agreement. (h) Y M u Venue for this Agreement shall be in Harris County, Texas. 10 ltd rts- This e�► OM rnay be separately executed in individual nd, marts a upon "mutton, shall constitute one and same inownent. Q) Eve. This Agreement shall survive Its termination to the extent necessary for the implementation of any of the provisions herein. (k) Comp ate A ep*•en t, This Agreement contains all the agm merts of the owner and the City relating to the subject matter hereof and is the foil and final expression of the agr+eetnent between such parties. This Agreetnem may be emended only by written agreement signed by the owner and the City. AMMON ate• The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. (m) Awhild C, The Owner covenants that helshetit 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 wpr+emt that such officers have frill authority to execute this Agreement and to bind the party he/she represents. Entered into this- day of __ 2012. P-1:i1 1 !: +2ff, it i � ia CITY OF BAYTOWN ROBERT D. LEiPER, City Manager 'M" 'M zoa Entered into this '�7 a dey of '`' 2012. OWNER: RAY MAi� J J RAY MARDI 138 Palm Blvd " Missouri City, TX 77459 -0555 Republic of Lebanon ) City of Beirut ) THE STATE OF F63b4S §Embazsy of the United) SS. COUNTY OF § States ofAmerica ) This instrument was acknowledged before me on the _ day of —Am 2 P202by Ray Mandi, Owner. /�� voF rhea. V/ Dimit " �, �; Ir state of UT .LEBANON V 4 ofi u = BEI T1�STATE OF 7�EXAS § .`�o�NOr,n� °' CouNTV of I�eIS § This instrument was acknowledged before me on Ne ��ay of'�� 2012, by RobeR D. Leiper, Ci[y Manager of the City of Baytown, Taxes. otery Public, S ofTe After Recording Retnra to: f°.✓lW: tE11CIA BRVSCH Notary Public, Stela of ?1x01 My Commission Exairea City of Baytown � °;;km„+ December Od, Ta 14 CIty Clerk P. O. Boz 424 Baytown, Tezas 77522 yCaE5oIVeFllKmm \FilalCOnvocMDCVebpmcni AgeemenuNwGapmux Apeemcm MoECi.dx Dcvelonmcnl Aareaaen4 Page 6 TRACT "A" 19.8550 ACRES (8641F626.20 SQ. FT.) A tract or parcel of land out of a part of that certain 150.788 acre tract of land in the ASHBEL SMITH SURVEY# Abstract No. 1562, Eh=is County, Texas, described in QUIT -CLAIM Deed dated April 8, 1944 front the United States of America to Charles J. Jurek and wife, Annie Jurek, recorded in Volume 1325 at Page 25, Harris County Deed Records to which reference is herein made, said tract of land described as follows; 00.101ENCING at a nail marking the Northwest corner aforesaid Charles J. Jurek et ux 150.788 acre tract, and said nail is in the center- line and the the East terminus line of Aunt Road (60 ft. R -0 -W)r THENCE South 090 251 06" East with the West line aforesaid Charles J. Jurek et ux 150.788 acrq tract and the West line of a 25.00 foot road easement, passing at 30.00 feet a 5/81' steel rod marking the• Northwest corner of 25.00 foot road easement; continuing along same line a distance of 372.18 feet from Northwest corner of 25.00 foot road easement to a h" steel rod marking the Southwest corner of 25.00 foot road easement and the most Southerly Southwest corner and POINT OF BEGINNING of herein described tract; THENCE North 600 27' 51" East with the most Southerly South boundary line of tract described, the South line of 25.00 foot road easement and the South line of a tract called 1.25 acres, passing at 24.85 feet a "recovered" 3/4" pipe marking the Southeast corner of 25.00 foot road easement and the Southwest corner of tract called 1.25 acres, continuing along same line in all a total distance of 279.69 feet to a "recovered" 3/40 pipe marking the Southeast corner of tract called 1.25 acres aryd the Southwest corner of a tract called one (1) acre; . THENCE North 800 261 58" East with the most Southerly North line !; of tract described and the South line of tract called One (1) acre ' a distance of 116.82 feet to a "recovered" 3/4" pipe marking the Southeast corner of tract called One (1) acre, same being an ..: interior corner of tract described; THENCE North 09" 271 41" West with the East line of tract called One (1) acre, same being an interior line of tract described a . distance of 372.60 feet to a 3/40 pipe recovered marking the North- east corner of tract called One (1) acre and the most Easterly Northwest corner of tract described and this corner is in the South R -O -W line of a Thirty (30) foot easement reserved by Charles J. Jurek et uxi THENCE North 800 49' 00t1 East with the South R -O -W line of Thirty (30) foot reserved easement and the North line of tract described 4.. a distance of 718.70 feet to a 'recovered" 5/6" steel rod marking. . the Northwest corner of a Seventy (70) acre tract conveyed to E. J. Gray and Eddie V...Gray by dead dated February It 1962'and-re- corded in Volume 4640 at Page 171, Deed Records of Harris Country, Texas, said 5/8" steel rod marks the Northeast corner of herein -described tract; THENCE South 090 26' 37" East with the west line of the Gray Seventy (70) acre tract and the East line of tract described a distance of 836.55 feet to a L0 steel rod set for the Norths�ast corner of Diamond Shamrock Corp. tract called 2.0640 acres described under County Clerk's FILE No.F3583561 Harris County Deed Records, and the Southeast corner herein described tract; THENCE South 730 281 2611 West with the North line of Diamond Shamrock Corp. tract called 2.0640 acres and the South line of tract described a distance of 1,019.39 feet to a recovered 5/8" steel rod marking an anal& voint in said line; Exhibit "A" SURVEYOR'S FIELD NOTE DESCRIPTIONt TRACT "C", 15.2603 ACRES (664,739.10 SQ. FT.) A tract or parcel of land out of a part of that certain 150.788 acr;1' -`iK tract of land in the ASHBEL SMITH SURVEY, Abstract. No. 1562 Harris .•y:: County, Texas, described in QUIT -CLAIM Deed dated April 8, 3944 from1�•:;;; the United States of America to Charles J. Jurek and wife, Annie Jurek, recorded in Volume 1325 at Page 25, Harris County Deed Records;•' to which reference is herein made, said tract of land described as ' follows; BEGINNING at a 5/8" steel rod recovered in the West line aforesaid Charles J. Jurek 150.788 acre tract, said 5/8" steel rod marks the'.%Z-.:•: Southwest corner of Diamond Shamrock Corp. tract called 2.0640 acres,' described under County Clerk's File No. F- 358356, Harris County Deed :. Records and this corner further described as being North 099,25!{1?'' 06" West a distance of 524.78 feet from a' recovered h" pipe marking; the Southwest corner aforesaid Charles J. Jurek at ux 150.788 acre. tract= THENCE with the South line of Diamond Shamrock Corp. •tract called jt, 2.0640 acres and the North line of tract -described North 720 11' ,i; . 07" East a distance of 116.60 feet to a recovered 5/8" steel rod ;` ...';:`:« marking an angle point; North 730 28' 26" East a distance of 1,007.73 feet to a h" steel rod for corner set in the West line of a Seven 04' (70) acre tract conveyed to E. J:: MGraX'_an8_Eddie Q.. - ,!Gray by, deed dated February 1, 1962 and recorded in Volume 4640 at Page 171, Harris; �z County Deed Records, being the Southeast corner of ' Diamond Shamrock , • a;� Corp. tract called 6.040 acres and the Northeast corner herein a `' .`0 described tracts THENCE South 099 26' 37" East with the West line of the Gray Seven ;• (70) acre tract and the East line of tract described a distance ok 664.67 feet to a recovered 4" pipe marking the Southwest corner og the Gray Seventy (70) acre tract and the. Southeast corner ,of.traa;� described; THENCE South 800 29' 1S" West with the South line aforesaid Charle's J. Jurek 150.788 acre tract and the South line of tract described .41 a distance of 1,115.63 feet to a • recovered h" pipe marking Southwest corner aforesaid Charles J. Jurek at ux- iS0.788 acre'trec and the Southwest corner of tract described f THENCE North 090 25' 06" West with the West line aforesaid Charles:-, J. Jurek at ux 1S0.788 acre tract and the West line of tract de -�'f-' scribed a distance of 524.78 feet to the "PLACE OP-BEGINNING",'� enclosing within the boundary lines of tract described, ••t.�ti� (664,739.10 'sq. ft.) 15.2603 acres, more or less, of 4120/81` '• . '. • • -.• ..f r:: ��'t r's.r.'.N.: .' • � Z "_ •; �: :::�• •, r.• s .e•. '.: .. ... w•:.t..►►• w ;el++:. +... • .• •x,•, .. .. • • •►• -e • . r •r•r�iitt�?I • 1 ,t • . B. NELSON REG. PUBLIC SURVEYOR NO. 1703 JBN /l Exhibit "A" •.�. ;, ..• -tom . , -- ' -` _� .:tit• t� �� Page I Two (2) z THENCE South 720 14' 06" West with the North line of Diamond ' Shamrock Corp. tract called 2.0640 acres and the South line of tract described a distance of 104.65 feet to a recovered 5/8° steel rod in the West line aforesaid Charles J. Jurek 150.788 acre tract, " marking the Northwest corner of Diamond Shamrock Corp. 2.0640 acre tract and the Southwest corner herein described tract; THENCE North 090 25' 06" west with the West line aforesaid Charles J. Jurek et ux 150.786 acre tract and the West line of tract de- scribed a distance of 688.32 feet to the "PLACE OF BEGINNING ", enclosing within the boundary lines of tract described, (864,882.20 sq. £t.) 19.8550 acres, more or less, of land. 4/20/81 pia � ��•�'�"';4 . • .s . B. NELSON s� REG. PUBLIC SURVEYOR NELSON NO. 1703 ........ »....« « « «. i ... s JBN /1 Exhibit "A" �;Yf.;; 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: DaSlo ma ent AgMement. 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 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 exists 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. Chanize 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 I26 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. However, the Owner may construct an accessory structure to an existing single - family dwelling in compliance with all applicable City ordinances and codes as if the Property were within the corporate limits of the City and zoned NC. 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 Development AgMment Page 2 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. b. 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. Infrrastructure 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 Development Agreement. Page 3 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, successor, 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 AgMement. 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 severably, 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) Severabilitv. 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. Devel- ment A ement, Page 4 (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 Aggeement 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) Authoft. 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 2012. CITY OF BAYTOWN ROBERT D. LEIPER, City Manager Development A gMement, Page 5 Entered into this day of THE STATE OF OH' 10 § COUNTY OF CeUY1414 Q 61 I. § .2012. OWNER: DDR CORP., A CORPORATION OF OHIO, F/K/A DEVELOPERS DIVERSIFIED REALTY CORPORATION 3300 Enterprise Pkwy Beachw6od, 0 44122 -7200 S gnature DO-V i A F , A163 S Printed Name Extcv1t ✓e \;c#- ere.3ovnt- Title U This instrument was acknowledged before me on the day of n r< 1_, 2012, by DDR CORP., A CORPORATION OF OHIO, f /k /a DEVELOPERS DIVERSIFIED REALTY CORPORATION, by and through jxv;A E, t�l.�t's,� its a- wec'.4 'Ac V' e. , Owner. THE STATE OF TEXAS § . COUNTY OF HARRIS § No ry Public, State of ��y /0 i �AEB.6.OWENDO� Ash �90TARY PUBUC o STATE O? C 0 Qwmilssbn has no expimflon clst SGOWn 147.03 O.R.C. This instrument was acknowledged before me on the day of , 2012, by Robert D. Leiper, 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 11 Cobfs01 11 cga11 Karcn \Files\contmcts\Dcvelopmcnt AFreements\Mvelopment Agrccment DDR Corp.doc Development Agreement, Page 6 y Exhibit "A" PARCEL l FMM NOTES of a 4.8S5 tone -mitigation sacs and pond and two 10 foot `artde dta%agc outfaQ easarneatg aihiated in tt Ed T. Schafr(W.G & R Q Smvay, Ann= NO. 1224 Mqu .... Comfy, Twca% bout of and a past of Lct 11 wd Slack 21 ofI ftWood Vemaf Addiitt n se B orwmdcd io olimte 7 at Map Rids of Hands bafg om of aad apart Of Loots 14 26 iB ock 7 of sus Lest Bad Ad am ' , d Faems as pw letreeotded in Volume 13 at pp Go of9w Map Rceotds ofHmb County. Tenn. and being out of and a pat of a-69.1918 acre t m oflaacd oat Myed to Jamas W. won 7 loimi B. Forttoq et, ax, by dad dafiod ]n1y 31, 19119 and rworded in Voliaw 77x1 at page 144 of the Heed Ibmirda of Haois Conan►, Teacga. M 4.8SS sore twat of laud nd dw oaete 11 naa of ft two 10 foot weds dmioage ouM aw==U an mom pwdoulady dcadWdby mom and boumb as follows, wwit; NOTE: ALL BEARINGS ARE BASED 014 A l ANDY WV IRON PEE FOUND FOR TIM WORTHBAST CORNER OF SAID 63.1918 ACRE TRACT AND A M INCU MOM P &B FOUND FOR 72M MOST EASTERLY SOU ST CORN= OF SAID 63.3 918 ACtB M ACT. MM FOUND CORMS OF TBE 63.1918 ACRE TRACT ARE IN TN$ WL9T RIMT Olt WADY LINE OP WEST ROAD. 4.8554 ACRE IdI I AATION AREA AND POND CONOARMWO at a i and A itch iron p�' found for dw Nod ast comer ofasid 63.1918 am bract of load at the intemection of the Sa thy' of way line of SORTTfi Road, 60 fbotsf�t of way, sad die Wcstright of way line ofVi W 1Load, 60 that right ofway. TMMCE South 09 deg. 55 min. 55 sec. Bast with the Boat flee of raid 63.1918 scre tract and Oa WOO right of way line of WEST Road a d Awn of 1548,62 beat to a point. 7MWCE Sou% 80 deg. 04 min. 0S sac, Walt -- pdiatler to dto Bast ffxs ofasid 63,1918 tae treat a:d the West dgbt of way yne of WEST Road a dire of 248.36 fad tv apofw fbt tho - Sot6 corset of tits 4.855 mat UM of lead wd 1&a POINT OF BEORQQ40. From this coma � LACS OF C0bQAWaM bwm Nor$ 00 deg, 48 mhL 48 sac. west a diewww of 156$.44 I- w THENCE Worth 36 deg. 28 mhL 45 see. Wear with dte Sou6vmd liae of this tract a &t MM of 1 01533 feet to a point for the NctfDwest comer of thin resat: TIMCE North 81 deg. 05 min. 43 sac. East with the Nw* Tina of dais tad a disftca of 470.00 fd to a point of the Nortbassc Samar of this treat TBWCB South 08 dex 54 min. 17 sm East with &a Md line ofthis bract a distance of90Q.00 fiat to the PLACE OF BBOiAQ+ ID, ccatahbg within said bowtdadcs 4.855 ewna of land. i i h r 1 i r ; d y •. Exhibit "A" PARCM 2 COMMBNCn+iQ of then SwA cower of add 4.85S acre raitiplim area and land tram. Fm ibis SON th* XM*wK 6MM of Edd 63.1918 am beat been North 00 do& 46 min. 48 aac. West a ce of 1568.44 fiat. TMiNCB Nanh 36 deg. 28 min. 43 sac. Wca with as Sosrihwest Iiae of a dd USS am tr' d a distance of30.00 W to a in goCauteru moffi& 10 fiat wide drainage on=e on= andTOINT OF88 O. 1?iB'�TCS South 09 do& 59 v& o0 sec. Bast with Me Gm diva of ft aagemmt sdlatauca of 6&45 fm to a point far a tetra of tbie moat. 7IMNCB Soon& 54 dog. 59 min. W sea. Pmwith the centw1bw ofWs sw meat a dint= of 1 &00 feet to 8 point for a Owner of this east _.. 7MCBNo & 80 deg. 01 miv. 60 sea. Bastwitlt the ceded= of 0ae eat a didmas of 249.17 fiat to the TMMMMPOWr crab 10 Choi wide An aaaemeat; m tba Pest lim cf acid 63.1918 anti ttsot imd1n 1heli mtsi of�► iiae T Road Fa+aaov the POW ties Nottast c xnev of add 63.1919 am traat be= How 09 dam, 55 ahL SS sac. W=t a distance of 1600.73 fiat 1 i i i i 1 II; ' 1 3 j