R2019-021 2019-01-28 RESOLUTION NO. R2019-21
A Resolution of the City Council of the City of Pearland, Texas, directing
staff to proceed with the annexation of approximately 13.0904 acres
generally located at 7409 Bailey Road.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City has received a Petition for the annexation of approximately
13.0904 acres generally located at 7409 Bailey Road into the City's incorporated limits.
Section 2. That the City Council hereby directs staff to proceed with the proposed
annexation of the areas more particularly depicted in Exhibit "A", attached hereto.
PASSED, APPROVED, AND ADOPTED this 28th day of January, A.D., 2019.
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Gryl
TOM REID
MAYOR
ATTEST:
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Y S/RETAR
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APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
EXHIBIT
STATE OF TEXAS t ..�
COUNTY OF BRAZORIA § _ - a;
CHAPTER 43 TEXAS LOCAL GOVERNMENT CODE
DEVELOPMENT AGREEMENT
This Agreement is entered into pursuant to Sections 43.035 and 212.172 of the Texas Local
Government Code by and between the City of Pearland, Texas (the "City") and the undersigned
property owner(s) (the"Owner"). The term"Owner"includes all owners of the Property.
WHEREAS, the Owner owns a parcel of real property (the "Property") in Brazoria County,
Texas, which is more particularly and separately described in the attached Exhibit"A"; and
WHEREAS,the City has begun the process to institute annexation proceedings on all or portions
of Owner's Property; and
WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial
jurisdiction, in consideration for which the Owner agrees to enter into this Agreement; and
WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and 212.172 of the
Texas Local Government Code, in order to address the desires of the Owner and the procedures
of the City; and
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties
hereto agree as follows:
Section 1. The City guarantees the continuation of the extraterritorial status of the Owner's
Property, its immunity from annexation by the City, and its immunity from City property taxes,
for the term of this Agreement, subject to the provisions of this Agreement. Except as provided
in this Agreement, the City agrees not to annex the Property, agrees not to involuntarily institute
proceedings to annex the Property, and further agrees not to include the Property in a statutory
annexation plan for the Term of this Agreement. However, if the Property is annexed pursuant
to the terms of this Agreement, then the City shall provide services to the Property pursuant to
Chapter 43 of the Texas Local Government Code.
Section 2. The Owner covenants and agrees not to use the Property for any use other than for
agriculture, wildlife management, and/or timber land consistent with Chapter 23 of the Texas
Tax Code, except for existing single-family residential use of the property, without the prior
written consent of the City. The Owner covenants and agrees that the Owner will not file any
type of subdivision plat or related development document for the Property with Brazoria County
or the City until the Property has been annexed into, and zoned by, the City. The Owner
covenants and agrees not to construct, or allow to be constructed, any buildings on the Property
that would require a building permit if the Property were in the city limits, until the Property has
been annexed into, and zoned by, the City. The Owner also covenants and agrees that the City's
Suburban Development (SD) District zoning requirements apply to the Property, and that the
Property shall be used only for Suburban Development (SD) District zoning uses, as described in
the City's Unified Development Code, that exist on that Property at the time of the execution of
this Agreement, unless otherwise provided in this Agreement. However, the Owner may
construct an accessory structure to an existing single family dwelling in compliance with all
applicable City ordinances and codes. 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.
Section 3. The Owner acknowledges that if any plat or related development document is filed in
violation of this Agreement, or if the Owner commences development of the Property in
violation of this Agreement, 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. If annexation proceedings begin pursuant to this Section, the Owner
acknowledges 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.
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.
Section 4. Pursuant to Sections 43.035(b)(1)(B) of the Texas Local Government Code, the City
is authorized to enforce all of the City's regulations and planning authority that do not materially
interfere with the use of the Property for agriculture,wildlife management, or timber, in the same
manner the regulations are enforced within the City's boundaries. The City states and
specifically reserves its authority pursuant to Chapter 251 of the Texas Local Government Code
to exercise eminent domain over property that is subject to a Chapter 43 and/or Chapter 212
• development agreement.
Section 5. The term of this Agreement (the "Term") is five (5) years from the date that the City
Manager's signature to this Agreement is acknowledged by a public notary. The Owner,and all
of the Owner's heirs, successors and assigns shall be deemed to have filed a petition for
voluntary annexation before the end of the Term, for 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. In connection with annexation pursuant to this section, the
Owners hereby waive any vested rights 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 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.
Section 6. Property annexed pursuant to this Agreement will initially be zoned AO —
Agricultural Open pursuant to the City's Code of Ordinances, pending determination of the
property's permanent zoning in accordance with the provisions of applicable law and the City's
Code of Ordinances.
Section 7. 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 exemption status of the Property. A copy of either notice required by
this section shall be forwarded to the City at the following address:
City of Pearland
Attn: City Manager
3519 Liberty Drive
Pearland,Texas 77584
Section 8. This Agreement shall is binding upon the City and the Owner and their respective
successors and assigns for the Term and run with the Property and be recorded in the real
property records of Brazoria County,Texas.
Section 9. If a court of competent jurisdiction determines that any covenant of this Agreement is
void or unenforceable, including the covenants regarding involuntary annexation, then the
remainder of this Agreement shall remain in full force and effect. Section 10. This Agreement
may be enforced by any Owner or the City by any proceeding at law or in equity. Failure to do
so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter.
Section 11. No subsequent change in the law regarding annexation shall affect the enforceability
of this Agreement or the City's ability to annex the properties covered herein pursuant to the
terms of this Agreement.
Section 12. Venue for this Agreement shall be in Brazoria County, Texas.
Section 13. This Agreement may be separately executed in individual counterparts and, upon
execution, shall constitute one and same instrument.
Section 14. This Agreement shall survive its termination to the extent necessary for the
implementation of the provisions of Sections 3,4, and 5 herein.
Entered into this day of , 2015.
Owner
Printed Name: ,A
Owner
Printed Name: /j+, 4_ ,,� `i/
Owner
Printed Name:
Owner
Printed Name:
Cla. P-.rson
City anager, ' ity of Pearland, Texas
THE STATE OF TEXAS §
§
COUNTY OF §
This instrument was acknowledged before me on the /' day of Ce-11-
2015, by ieli4. W. H,cks ,Owner.
, � �n JENIFER K.SMITH
N t ry Public, State of Texas •,'__Notary Public.State of Texas
a
My Commission Expires
='%:,is'.�;:�' July 15, 2018
THE STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the / day of -474--)
2015,by ,\JDrmah W, N,`cics Sr.,Owner.
��‘����"' JENIFER K. SMITH
,tierro�•,'.
,.• Notary Public.State of Texas
Not Pub tc, State of exas
My Commission Expires
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''�;.�a<<,o`' July 15, 2018
THE STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the day of
2015,by ,Owner.
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the day of
2015,by ,Owner.
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF} ""�� � �
This instrument was acknowledged before me on the day of O(�l t4 L
2015, by Clay Pearson, CityManager, City of Pearland,Texas.
�.., JENIFER K.SMITH
Not ry Publ e, State of Texas *' Notary Public,State of Texas
My Commission Expires
io'r July 15. 2018
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NF , ia t ' .— t i PLANNING DEPARTMENT
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December 3, 2018
Mr. Clay Pearson
City Manager
City of Pearland
3519 Liberty Dr.
Pearland, TX 77581
RE: Ordinance No. 1521 -Development/Agricultural Agreement(Exhibit C)
Annexation Request Letter for Property ID#177559 located on CR 101 (Bailey Rd.)
for Request to Annex Property ID#17759,from Brazoria County into the City of
Pearland.
Our File#: 18-125
Dear Mr. Pearson:
We,Norman W. Hicks, Sr.,and Shelia W. Hicks, are the current land owners of the above
referenced property, We are requesting the City of Pearland to approve the annexation of
Property ID #177559 into the City of Pearland.
We are proposing annexation per City of Pearland Ordinance No. 1521 -
Development/Agricultural Agreement (Exhibit C).
Thank you in advance for your prompt attention to this matter.
Very truly yours,
_-1
Norman W, Hicks, Sr.
Property Owner
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Shelia W. Hicks
Property Owner
7409 Bailey Road
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