R2005-0151 10-10-05
RESOLUTION NO. R2005-151
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A PAYMENT IN LIEU OF TAXES AGREEMENT WITH LAND
THREE, LTD.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Payment in Lieu of Taxes Agreement by and between the
City of Pearland and Land Three, Ltd., a copy of which is attached hereto as Exhibit "A"
and made a part hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest a Payment in Lieu of Taxes Agreement with Land Three,
Ltd.
PASSED, APPROVED and ADOPTED this the 10th day of October
A.D., 2005.
~R
c-
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
o~~
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution 2005-151
Payment in Lieu of Taxes Aqreement
This Payment in Lieu of Texas Agreement ("Agreement") is made and entered
into effective as of OC-\-,,,bCr d-' ~1 , 2005 , by and between the City of
Pearland, Texas, a municipal corporation and home-rule city of the State of Texas
("City"), and Land Three, Ltd., a Texas Limited Partnership ("Developer").
Recitals
Whereas, Developer owns a 9.9932 acre tract of land located within the boundaries of
the City; and
Whereas, Developer has petitioned the City, requesting disannexation of the property,
for the purpose of including it within the boundaries of Brazoria County Municipal Utility
District No.6; and
Whereas, the City in return for its agreement to disannex the property, desires to
negotiate an annual "Payment in Lieu of Taxes Agreement" to offset the revenue lost to
the City through a reduction in the property tax that would otherwise be received.
Now, Therefore, the City and Developer hereby agree as follows:
Section 1. City agrees to initiate the disannexation procedure for the tract of land
described in Exhibit "A" ("Property"), attached hereto and incorporated for all purposes.
Once disannexed, the boundaries of the City will be adjusted accordingly.
Section 2. For a period of two (2) years from the effective date of disannexation,
Developer agrees to make a "Payment in Lieu of Taxes", to the City, that is equal to
one-fourth (1/4) the amount of taxes the City would have received if the property were in
the City. Said amount shall be calculated by multiplying the then current assessed
value of the property, as determined by the Brazoria County Appraisal District annually,
times the City's property tax rate and dividing the product by four (4).
Section 3. Following the initial two (2) years of the Agreement, Developer agrees to
make a "Payment in Lieu of Taxes", to the City, that is equal to one-half (1/2) of the
amount of taxes the City would have received if the property were in the City. The
method of calculation of the payment shall be made in the same manner as the
calculation formula used in Section 2 of this Agreement, except the product derived
from multiplying the property value times the then current tax rate shall be divided by
two (2).
Section 4. Any amount payable to the City pursuant to this Agreement, shall be due
on November 1 sl each year. If Developer fails to make payment to the City, in
accordance with this Agreement, the amounts due to the City shall accrue interest at a
rate of 6% per month.
Section 5. All obligations set forth in this Agreement are contingent upon the final
approval, by the City Council of the City of Pearland, of an ordinance disannexing the
Property.
Section 6. This agreement may only be amended, modified, or supplemented by
written agreement and signed by all of parties.
Section 7. No assignment by a party hereto of any rights under or interests in the
Agreement will be binding on another party hereto until written notice of assignment is
given to such other party.
Section 8. Whenever possible, each provision of the Agreement shall be interpreted
in such manner as to be effective and valid under applicable law, but if any provision of
this Agreement is prohibitive or invalid under applicable law, such provision shall be
ineffective to the extent of such provision or invalidity, without invalidating the remainder
of such provision or the remaining provisions of this Agreement.
Section 9. This Agreement shall be construed and enforced in accordance with and
governed by the laws of the State of Texas.
Section 10. This Agreement and all obligations created hereunder shall be
performable in Brazoria County, Texas.
Section 11. City Resolution No. R2005-_ is incorporated herein and made a part of
this Agreement for all purposes.
Section 12. All conditions and covenants of this Agreement are hereby declared to be
covenants running with the land and shall be fully binding upon all persons acquiring
any interest in the property described herein, whether by descent, demise, purchase,
gift or otherwise.
IN WITNESS WHEREOF, the parties hereto have each caused this Agreement
to be executed by their duly authorized officers and their corporate seals to be hereunto
affixed and attested as of the date first above written.
EXECUTED as of the date first written above.
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CITY OF PEARLAND, TEXAS
By~R~
Mayor Tom Rei d
Land Three, Ltd. Pearland, Texas
The Gustafson Group, Inc., General
Part r
By:
EXH I B fruA II
9.9932 acres of land, lying and being sitl/ated in the H.T. and B. RR Company
Survey, Abstract 300, Brazoria County, Texas and being all of Lot 57, Section 81,
Allison-Richey Gulf Coast Home Company's Subdivision,. said 9.9932 acres of
land being more particularly described by metes and bounds asfollows,'
BEGINNING at a point in the centerline of County Road No. 94, same being
located South 3] 35.00feet from the northeast corner of the said Section 81, said
beginning point being the northeast corner of the said Lot 57,'
THENCE South, along the centerline of County Road No. 94, a distance of 495.00
feet to Clpointfor the southeast corner of the said Lot 57,.
THENCE fVest, along the south line of the said Lot 57, at 20.00 feet pass a 1"
iron pipe in the west line of the said road, in all 879.40 feet to a concrete
monument in the east right oI~t.ClY line of proposed State High'rvay 288:
THENCE North, along the said high.vay right of way line, 495.00 feet to a
concrete monumentfor the northwest corner of the said Lot 57,'
THENCE East, along the north line of the said Lot 57, at 859.40 feet pass a I"
iron pipe in the ciforementioned west line of County Road No. 94, in eLlI 879.40
feet to the point or place of beginning and containing as aforesaid 9.9932 acres of
land.
COUNT Y ROAD 94 .
(50' I2v,i)
N CO C�'00 r"W 195.00 ' WV) Z-o-„,./
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CD Lot 58 o Lot 59 aA Lot 60
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STATE HWY, - 288
BUYER Ennis M. Cooley County Road 94
DESCRIBED PROPERTY All that certain tract or parcel of land lying, being and
situated in the County of Brazoria, State of Texas, and being all of Lot 59, in
Section No. 81 , H.T.&B.R.R. Co. Survey, Abstract No. 300, as shown by the Allison
Richey Gulf Coast Home Company's Subdivision of said Section, called 10 acres,
found 9.9811 acres of land, and being described by metes and bounds as attached.
W E S TA R LAND I do hereby certify that this survey was this day made on the ground of the property _
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.*, _ � legally described hereon,(or on the attached sheet),and k oortect,and there are no
SURVEYORS, INC. ,('. o� Te'- encroachments unless shown,and was done by me or under my supervision,and
�P "'•. • L forms to or exceeds the current standards as adopted by the Texas Board of
P. O. BOX 669 •ALVIN, TX 77512-0669 .l•i E -i rofessional Land Surveying.
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(281) 388-1159 • (888) 339-1159 �s;' F (5)
e:There are no natural drainage courses on this property.
G.F. 8-12-02 STEVEN N STAFFORD 4 5:This 458�0�0 a Hlie In a 6 flood
9 hazard Z�ne accordingtoH.U.DJF.IA
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05/23/2006 2:36PM
Official Records of
BRAZORIA COUNTY
JOYCE HUDMAN
COUNTY CLERK
Fees $32.00