R2003-0135 09-29-03RESOLUTION NO. R2003-135
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 288-
10, 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 288-10, 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 288-10, Ltd.
PASSED, APPROVED and ADOPTED this the 29th day of September ,
A.D., 2003.
TOM REID
MAYOR
ATTEST:
Y~'L~NG L~I,N~G/ ,~' //
I~ 8E~RETARY t/
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
ResoLution R2003-135
Payment in Lieu of Taxes A~reement
This Payment in Lieu of Texas Agreement ("Agreement") is made and entered into
effective as of September 29 , 20 0__~ by and between the City of Pearland, Texas, a
municipal corporation and home-rule city of the State of Texas ("City"), and 288-10, Ltd., a
Texas Limited Partnership ("Carter").
RECITALS
WHEREAS, Carter owns a 9.9811 acre tract of land and has contracted to purchase the
adjacentl 1.14 acre tract, both of which are more accurately described in Exhibits "A" & "B"
attached hereto (the "Property"), located within the boundaries of the City; and
WHEREAS, Carter 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 Carter hereby agree as follows:
Section 1. City agrees to initiate the disannexation procedure for the Property. Once
disannexed, the boundaries of the City will be adjusted accordingly.
Section 2. For the two (2) calendar years following the calendar year in which the
Property is disannexed by the City, Carter 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 on January 1 of said calendar year. 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 two (2) years described in Section 2 of this Agreement,
Carter agrees to make a "Payment in Lieu of Taxes", to the City in each subsequent calendar
year, 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 on January 1 of said calendar year. 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 as a "Payment in Lieu of Taxes" for any
calendar year shall be due on November 1 st said year. If Carter fails to make payment to the
City by December 31 of said year, in accordance with this Agreement, the amounts due to the
City shall accrue interest after December 31 of said calendar year at a rate of 1% per month.
Section 5. All obligations of Carter 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. R2003- 135 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.
Section 13. In the event the Property is disannexed by the City and any portion of the
Property is subsequently annexed by the City, this Agreement shall immediately terminate,
except that Carter shall be required to make its final "Payment in Lieu of Taxes" hereunder for
the calendar year in which such annexation occurs; provided, however, if the annexation occurs
on January 1 of said year, no "Payment in Lieu of Taxes" shall be due for said year; however,
Carter will be obligated to pay taxes on the annexed property for said calendar year.
IN WITNESS WHEREOF, the parties hereto have each caused this Agreement to be
executed by their duly authorized officers attested as of the date first above written.
EXECUTED as of the date first written above.
CITY OF PEARLAND, TEXAS
By: ~
Bill Eisen
City Manager
288-10, Ltd.,
A Texas limited partnership
Co-General Partner
FIELD NOTES
All that certain tract or parcel of land lying, being and situated in the County
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 follows:
EXHIBIT
A
BEGINNING at a point for the Northeast comer of said Lot 59, being South 4125.00 feet
from the Northeast comer of said Section No. 81, which is also the Southwest comer of
Section Nos. 3 & 4, T. C. R. R. Co. Survey and the Southeast comer of Section No. 62 H.
T. & B. R. R. Co. Survey;
THENCE South 89 deg. 56 min. 00 sec. West (called West), 880.50 feet (called 880 feet)
to a concrete monument found in the East fight-of-way line of State Highway 288 for
comer;
THENCE South 00 deg. 17 min. 24 sec. East (called South), along said East fight-of-way
line 493.98 feet (called 495 feet) to a 5/8 inch iron rod found for comer;
THENCE North 90 deg. 00 min. 00 sec. East (called East), at a distance of 858.00 feet
pass a 1 inch iron pipe found on the East right-of-way line of said County Road 94, in all
a total distance of 878.00 feet (called 880 feet) to a point for comer;
THENCE North 00 deg. 00 min. 00 sec West (called North), along the East line of said
Lot 59, a distance of 495.00 feet to the PLACE OF BEGINNING, containing within
these metes and bounds 9.9811 acres of land, more or less, 0.2273 acres of which is
within the right-of-way of County Road 94.
STEVEN H. STAFFORD
R.P.L.S. 4901
August 12, 2002
Lot 58
I0 AC~
V ~3, 7 / P. 2<i :5
-~- = 4' Wire Fence
~°
..q, CO' I 7'24
495.C0 '.~. ~_ ~,
Lot 59
-Vacant-
· 9.981 I
Acres
X ~~~%'"~"
49.5.98'
Lot 60
STATE H W Y,- 288
BUYER Ennis M. C~oley
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.
WESTAR LAND
SURVEYORS, INC.
P, O, BOX 669 · ~LVlN, ~ 77512-~
//~ ...... '...~ ....
u~: __ __ .~~~ ~,... ~ . . ~..
EXHIBIT
LEGAL DESCRIPTION
BEING 11.1418 ACRES (485,357 SQUARE FEET) OUT OF LOT 60 OF ALLISON RICHEY'
SUBDIVISION IN SECTION 81 OF THE H.T.&:B. RAILROAD SURVEY, ABSTRACT NO.500, A
SUBDIVISION IN BRAZORIA COUNTY, TEXAS. SAVE AND EXCEPT THAT PORTION OF THE
SUBJECT PROPERTY CONVEYED TO THE STATE OF TEXAS FOR STATE HIGHWAY 288 SET
OUT IN DEED RECORDED IN VOLUME 1041, PAGE 460 OF THE DEED RECORDS OF
BRAZORIA COUNTY, TEXAS. SAID 11.1418 ACRE TRACT BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT IN THE
EAST RIGHT-OF-WAY LINE OF STATE HIGHWAY 288 BEING IN A EASTERLY LINE OF THAT
CERTAIN CALLED 1`3:357 'ACRE TRACT CONVEYED TO THE STATE OF TEXAS AS RECORDED
IN VOLUME 1041, PAGE'460 OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS; AND
ALSO BEING THE SOUTHWEST CORNER OF THAT CERTAIN CALLED 9.9811 ACRE TRACT
OUT OF LOT 59 RECORDED IN FILE NO. 02-062047 OF THE BRAZORIA COUNTY DEED
RECORDS; FROM WHICH A 1 INCH IRON PIPE BEARS NORTH 29 DEGREES 04 MINUTES
WEST, 0.6 FEET;
THENCE NORTH 86 DEGREES 44 MINUTES 56 SECONDS EAST, ALONG THE COMMON LINE
OF SAID LOTS 59 AND 60, A DISTANCE OF 858.00 FEET TO THE NORTHEAST CORNER IN THE
WEST RIGHT-OF-WAY LINE OF COUNTY ROAD 94 (80 FEET WIDE);
THENCE SOUTH 03 DEGREES 15 MINUTES 04 SECONDS EAST, ALONG THE WEST-:LINE 'OF
SAID COUNTY ROAD 94, A .DISTANCE OF 6`32.28. FEET TO THE SOUTHEAST CORNER'-IN'THE
NORTH R GHT-OF-WAY UNE OF ~COUNTY ROAD' 59, FROM " :WHICH ': A" FOUND
' EES'" 1'5' MINUTES WEST,.
ROD BEARS NORTH OS,:DEG~ . '
' .OF.~WA.¥~.LINE; OF :COU~¢~;'_.AfDISTANCE -OF 258.00 ,FE~ TO A 5
SET. FOR CORNER; 'BEING;'~THETSOUTHEAST CORNER OF SAID 1,3.337 ACRE'
THENCE ,~.ONG THE NORTHERLY,' AND EASTERLY LINE oF SAID" i-~3'13`37 ACRE TRACT WITH
THE' FOLLOWING 5 COURSES;
NORTH:. 03. DEGREES .15 .MINUTES 04 SECONDS WEST, 40.00 FEET TO A FOUND
CONCRETE -MONUMENT;
SOUTH..86 'DEGREES 44 MINUTES 56 SECONDS WEST, 200.00 FEET TO A FOUND
CONCRETE MONUMENT;
NORTH 71 DEGREES-26 MINUTES 59 SECONDS WEST, 380.81 FEET TO A FOUND
CONCRETE MONUMENT;
NORTH 37 DEGREES 21 MINUTES 01 SECONDS WEST, 82.81 FEET TO A FOUND
CONCRETE MONUMENT;
NORTH 0,3 DEGREES 15 MINUTES 04 SECONDS WEST, ,382.28 FEET TO THE POINT OF
BEGINNING AND' CONTAINING 11.1418 ACRES (485,~7 SQUARE FEET) OF LAND.
S 05'15'04"
WOODBEND SECTION 2.
VOLUME 20, PG. 32.9, B.C.M.R.
F'ND. CONC.
$82,28'
JOSEPH M. SCHWARTZ
MICHAEL O. PAGE
PETER T. HARDING
ABRAHAM 1. RUSINSKY
MARTHA T. BERSOM
HOWARD M. COHEN
PATRICIA M. DANIELS
LAURA C. DAVIS
SPENCER W. CREED
CHRISTOPHER O. JORDAN
SCHWARTZ, PAGE & HARDING, L L P.
ATTORNEYS AT LAW
1300 POST OAK BOULEVARD
SUITE 1400
HOUSTON, TEXAS 77056
City of Pearland
3519 Liberty Drive
Pearland, Texas 77588
August 12, 2003
TELEPHONE (7 131 623-453 1
TELECOPIER (7 1 3J 623-8 143
Re: Brazoria County Municipal Utility District No. 6
Ladies and Gentlemen:
Please be advised that the Board of Directors of the
referenced District has approved a report from Jones & Carter,
Inc. relative to the feasibility of annexing at Mr. Ken Carter s
request, approximately twenty-one acres along County Road 94.
The Board has authorized Schwartz, Page & Harding, L L P. to
proceed with the preparation of an agreement for annexation,
subject, among other matters relating to the District, to the
deannexation of such tract by the City of Pearland.
Should you have any questions or require any additional
information regarding the above, please do not hesitate to
contact me.
Very truly yours,
SCHW''" PAGE & 'RDING, L L P.
By
cf:00061CORR/Pearland
cc: Mr. Kenneth Carter
er T. Ha ding
A.torneys for the District
KENNETH P CARTER
4545 POST OAK PLACE DR SUITE 225
HOUSTON TEXAS 77027
MR DARRIN COKER
CITY ATTORNEY
CITY OF PEARLAND
3519 LIBERTY DR
PEARLAND TEXAS 77581
August 18, 2003
Re: 9.98 acres and 11.14 acres of contiguous property located at the NEC of SH 288 and
Co Rd 59, Pearland Texas
Dear Mr Coker,
Per our meeting Thursday at your offices, I am desirous of proceeding further and
entering into a disannexation agreement with the City of Pearland on the above described
property. As we discussed, the water, sanitary sewer, and storm drainage needed for
development of the property is not currently available from the City of Pearland. Those
utilities can be attained from Brazoria County MUD #6 who currently has excess
capacity that can be allocated to these properties and whose boundary line is across Co
Rd 94 from the subject property. The Board of MUD #6 has agreed to annex and provide
services to the property provided, among other things, that the City of Pearland disannex
the tracts.
I am aware that the City will lose a certain amount of advalorem taxes upon
disannexation. However, a document much like the draft form ' Payment in Lieu of
Taxes Agreement" can be used as the basis of our agreement. I have included a marked
up copy for the 9.9811 acre tract styled 288-10 Ltd of which I am a co -general partner
with Ennis Cooley. The 11.14 acre tract is currently owned by the Hampton Robinson
Estate and is under contract to me as Trustee and will close in November of this year. I
have not formed a legal entity or name that will be the acquiring entity but know that they
will be different. Therefore each tract will have a separate agreement albeit the terms and
conditions will be identical. Further as we discussed, I am aware that any agreement
between us has to be approved by City Council before it is finalized
I have enclosed a survey and legal description of each along with the current ownerships
for your review. I appreciate your efforts in this matter and look forward to moving this
project through the system as soon as possible.
Sincerely,
y
enneth P Carter
i
cc* Mr Ennis Cooley
cc: Mrs Louise F. Robinson