This Agreement is entered into pursuant to Section Tex. Local Govt. Code by

Transcription

1 STATE OF TEXAS COUNTY OF ROCKWALL KNOW ALL MEN BY THESE PRESENTS CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE DEVELOPMENT AGREEMENT This Agreement is entered into pursuant to Section Tex. Local Govt. Code by and between City Rockwall, Texas (City) and C. N. Jones and Christy Jones Owners ") property owners hereinafter described property ( "Owners' Property ') in Rockwall County, Texas: That property described in a deed from Gerald I. Warren and Bernice Warren to C. N. Jones and Christy Jones dated April 3, 1998, and recorded at vol page 162 Deed Records Rockwall County, Texas, less and except that previously conveyed by Owners to Henry Rohrbaker by deed dated June 12, 2003 and recorded at vol page 173 Deed Records Rockwall County. The term Owners includes ir heirs, successors, and assigns; WHEREAS, City has begun process required by Chapter 43, Tex. Local Govt. Code to institute annexation proceedings on portions Owners' Property and has held public hearings on September 20, 2004, and September 23, 2004; and WHEREAS, Owners have requested that Owners' Property be deleted from annexation, for which this Agreement has been proposed in accordance with Section Tex. Local Govt. Code; WHEREAS, Owners and City acknowledge that this Agreement between m is binding upon City and Owner and ir respective successors and assigns for term Agreement, per Texas Local Government Code Section ( f), which provides that agreement between governing body municipality and landowner is binding on municipality and landowner and on ir respective successors and assigns for term agreement and; WHEREAS, this Development Agreement is to be recorded in Real Property Records Rockwall County; and WHEREAS, both City and Owners agree that entering into this Agreement addresses goals and objectives both parties; NOW, THEREFORE, in consideration mutual covenants contained herein, parties hereto agree as follows: Section 1. The above mentioned Owners agree to petition City for annexation, upon execution this Agreement, a certain parcel land being a portion Owners'

2 Property, which is more particularly described by said petition ( " Annexation Petition') which is attached hereto as Exhibit A. The City agrees that land so annexed will carry AG Agricultural District designation under City' s Comprehensive Zoning Ordinance. Section 2. For purposes this Agreement term " Subject Property" shall apply to that portion Owner' s Property that is not described in Annexation Petition. Section 3. The City guarantees continuation extraterritorial status Subject Property and its immunity from annexation by City for term this Agreement and any subsequent renewals said term as permitted under law. Section 4. The Owners covenant and agree that, except as orwise provided herein, y will not file for plat approval with Rockwall County or City for any portion Subject Property until such property has been annexed into City and zoned Pursuant to applicable state law, said zoning to be at sole discretion City Council. Owners furr covenant and agree that any such plat to be filed shall conform to City' s Comprehensive Land Use Plan; provided, however, that City waives any requirement for plat approval for subdivision(s) Subject Property where such subdivision(s) are in parts being greater than or equal to five (5) acres having adequate Public street access and facilities where no new street or public facilities are required to be provided by City. Owners may file a subdivision plat for approval if such plat contains residential lot sizes not less than five acres each. The parties understand that a subdivision plat may not be required under State law for division land into tracts greater than or equal to five acres, where each tract has access and no public improvements are being dedicated. Any conveyance pursuant to a subdivision plat for residential lots not less than five acres each, as permitted above, shall contain a deed restriction prohibiting placement a manufactured home (as defined in Texas Occupations Code Section ) on property conveyed effective at least until expiration ten years following end term this Development Agreement. No conveyance pursuant to condemnation or deed in lieu condemnation shall constitute a violation this Section. The Owners covenant and agree that foregoing limitations on use Subject Property for Term this Agreement and any Subsequent Term agreed to by Parties constitute Development Plan for Subject Property. Section 5. If eir Owner commences development Subject Property by filing a subdivision plat or any or development application showing location and boundaries individual parcels land subdivided into lots for residential lot sizes less than five (5) acres each or for any non - residential use or executes any conveyance to establish such use, such act shall be deemed inconsistent with Development Plan and shall constitute a petition request for voluntary annexation by Owners and Subject Property shall, at discretion City Council, be subject to annexation. The parties agree that such annexation shall be voluntary and Owners hereby consent to such

3 annexation as if though a petition for such annexation had been tendered. In that regard, should annexation proceedings begin pursuant to this Section; Owners acknowledge that such a petition serves as an exception to Local Government Code Section , requiring a municipality to use certain statutory procedures under an annexation plan, and hereby waive any and all vested rights and claims that y may have under Section (a)(2) and Chapter 245 Tex Local Govt. Code that would orwise exist by virtue any actions Owners have taken inconsistent with Development Plan for Subject Property and in violation Section 4, above. Any annexation proceeding pursuant to that this results section in shall be City' initiated s rightwithin to annex. 180 days after city knows action by Owner Section 6. During term this Agreement City' s Park Master Plan, or subsequent modifications, revisions or versions re, shall not be applicable to Owner' s Property so that City will not seek to acquire any Owners' Property, by agreement or orwise, as may be shown on said Plan, unless annexation proceedings are initiated pursuant to Section 5 herein. Section 7. In reliance on petition owners to annex property as described rein, City agrees not to annex Subject Property, agrees not to involuntarily institute proceedings to annex Subject Property, and furr agrees not to include Subject Property in a statutory annexation plan for Initial and any Subsequent Term this Agreement. The City' s agreement herein is declared to be severable. Section 8. The Service Plan for property to be annexed by petition (which shall be in form attached as Exhibit B to Annexation Petition which is attached as Exhibit A to this Agreement) shall contain a provision that area to be annexed is so narrow or comprises such a small area that cannot be used independently under any City' s development control ordinances, or or regulatory ordinances, so that such ordinances shall not be enforced in said area. Section 9. Any person who sells or conveys any portion Subject Property shall, prior to such sale or conveyance, give 30 days written notice this Agreement to prospective purchaser or grantee. A copy said notice shall be forwarded to City at following address: City Rockwall 385 S. Goliad Rockwall, Texas Attn: City Manager Section 10. This Agreement is to run with Subject Property and be recorded in real property records, Rockwall County, Texas. Section 11. Invalidation any provision this Agreement byjudgment or court order shall not invalidate any remaining provisions which shall remain in full force and effect.

4 Section 12. This Agreement may be enforced by eir Owner or City by any proceeding at law or in equity. Failure to do so, shall not be deemed a waiver to enforce provisions this Agreement reafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 13. No subsequent change in law regarding annexation shall affect enforceability this Agreement or City' s ability to annex properties covered herein pursuant to Section 5. Section 14. Venue for this Agreement shall be in Rockwall County, Texas. Section 15. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section " Initial 16. Term'). The initial term this Agreement shall be 10 years from January 10, 2005, If Owners desire to extend operation this Agreement beyond its Initial Term, or beyond any Subsequent Term, n Owners, at least 180 days prior to end Initial or Subsequent Term, shall submit a written request to City for such an extension (an " Extension Request'). The City, at least 90 days prior to end Initial or Subsequent Term, shall notify Owners in writing, delivered by certified mail, 5) year with term respect ( referred to its to decision as a " wher to extend this Agreement for an additional five Subsequent Term'). In event such written notice from City its decision is not received by Owners at least 90 days prior to end that Initial Term or a Subsequent Term, such Extension Request is deemed granted and this Agreement continues for anor Subsequent Term; provided, however, that Subsequent Terms may be requested by Owners as stated herein, but in no event to extend beyond a total forty -five (45) years or as orwise permitted under Law. Section 17. If Owners do not provide an Extension Request pursuant to Section 16, or upon a written decision by City not to extend term this Agreement for a Subsequent Term following Initial Term or for an additional Subsequent Term, n Owners shall be deemed to have filed a petition for voluntary annexation as end Initial or Subsequent Term this Agreement. IfOwners submitted an Extension Request n a notice pursuant to Section 16, above, by City that it has decided not to subject extend to Term this Agreement shall also include a notification wher it intends, procedures required by law, to petition for voluntary annexation. If Owners did not submit a Extension request n City, at least ninety days prior to end Initial or Subsequent Term, shall provide a written notification to Owners, by certified mail, wher it intends, subject to procedures required by law, to accept petition for voluntary annexation. Any annexation proceedings pursuant to this section shall be commenced within 180 days after end Initial or Subsequent Term in question. Section 18. Upon termination this Agreement and decision by City to accept petition for voluntary annexation by Owners, as provided in Section 5 or Section 17, n Owners and City will n enter into good faith negotiations regarding

5 terms annexation and service plan to be implemented, provided that, unless parties agree orwise, service plan for such land shall conform to, and be implemented in accordance with, no less than City' s n existing adopted comprehensive and utility master plans. The zoning shall be Agricultural District. In connection with annexation pursuant to this section, Owners hereby waive any and all vested rights and claims that y may have under Section (a)(2) and Chapter 245 Texas Local Government Code that would orwise exist by virtue any actions Owners may take between termination this Agreement and institution annexation proceedings, if any, by City. Section 19. This Agreement shall survive its termination to extent necessary for implementation provisions Section 17 and 18. Section 20. The City has presented a Service Plan to Owners in connection with Annexation Petition. The City agrees to extend that Service Plan for a term so long as this Agreement is in effect. In event land is to be annexed because development, under Section 4 herein, service plan for such land will be same as that for remainder property being annexed. The parties hereto have executed this agreement as January 10, Owners Christy J es C. N. Jones The City Y.4kwall, Texas LE I

6 THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on Christie Jones. J _ day January, Zp( by aks o.^ t,. tm F; } l+ y, c` i:' 007 THE STATE OF TEXAS COUNTY OF C. C. This This instrument instrument was was acknowledged acknowledged before before me me on on o o { { p p N. N. Jones. Jones. day day January, January, 200by 200by ss Y Y.. o` o` 11 DOROTHY DOROTHY J. J. BROOKS BROOKS Notary Notary Public Public t Spate Spate Texas Texas ff p p 4-' 4-' My My Comm. Comm. Ezp. Ezp THE THE STATE STATE OF OF TEXAS TEXAS COUNTY COUNTY OF OF } } T T ' ' ss instn instn [ [ ptent ptent was was acknowledged acknowledged before before me me on on dd M, M, day day oo by by on on behalf behalf City City Rockwall, Rockwall, Texas. Texas. o o " " y` y` DOROTHY DOROTHY J. J. BROOKS BROOKS Notary Notary Public Public Slate Slate Texas Texas My My COmm. Ezp

7 STATE OF TEXAS COUNTY OF ROCKWALL Exhibit A to Development Agreement ANNEXATION PETITION We, C. N. Jones and Christy Jones ( " Owners "), do hereby petition City Rockwall, Texas to institute annexation proceedings pursuant to Chapter 43, Tex. Local Govt. Code on a tract (consisting a strip five feet wide) land out that certain tract land ( Base Tract ") described in a deed from Gerald I. Warren and Bernice Warren to C. N. Jones and Christy Jones dated April 3, 1998, and recorded at vol page 162 Deed Records Rockwall County, Texas, as more particularly described by hereto attached Exhibit A. This petition is presented as an accommodation to City Rockwall in order that City may extend its ETJ, and is furr presented based on following: 1) That contemporaneously with filing this petition Owners and City will enter into Development Agreement pursuant to Chapter 212 Tex. Local Govt. Code regarding remainder Owners' property, to which Development Agreement this petition will be attached as an exhibit. 2) That petitioners be able to use land annexed by this petition in same manner as remainder land is used, which is primarily for agricultural, residential, and recreational purposes, and that petitioners have engaged in and expect to continue to engage in a wide range activities that promulgate natural beauty area and wildlife habitat. Furr, City recognizes and agrees that se uses, as to property to be annexed, do not constitute or present danger imminent destruction property or injury

8 to persons, do not constitute public nuisances, do not involve storage or use hazardous substances, and do not require modification for prevention flooding. 3) That land will be zoned AG Agricultural District upon annexation and will remain so zoned during term aforesaid Development Agreement. 4) That Service Plan attached as Exhibit B will be adopted by City as to this annexation and will be continued in effect during term Development Agreement. 5) During term Service Plan petitioners will not demand provision water or sewer service on property to be annexed. Signed this day December, 2004 Christy Jones C. N. Jones

9 Exhibit A to Annexation Petition The property to be annexed constitutes that portion Base Tract, as described in Annexation Petition to which this Exhibit is attached, which lies within following described property. BEING a acre tract land situated in J. Simmon Survey, Abstract No. 190, J. Strickland Survey, Abstract No. 187, J.E. Sherwood Survey, Abstract No. 206, M. Simmons Survey, Abstract No. 197 and J. Smith Survey, Abstract No. 191 in County Rockwall, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a point for a corner at Northwesterly most corner Tract 3, a 47.31acre tract land owned by William H. Eidt, said point also being on South line Tract 3-1, a acre tract land owned by Steve Rinner; THENCE S87016' 30 "W, along South line said Tract 3-1 for a distance feet to a point for a corner at Southwesterly most corner said Tract 3-1, said point also being in East line Anna Cade Road; THENCE N00 55' 01 " W, along said East line Anna Cade Road and West line said Tract 3-1 and West line Tract 38, a 10.0 acre tract land owned by Henry Rohrbacker for a distance feet to a point for a comer at Northwesterly most corner said Tract 38; THENCE N88040' 06 "E, along North line said Tract 38 and crossing Norasterly most corner said Tract 38 for a distance feet to a point for a corner at Southwesterly most comer Tract 5, a acre tract land owned by Lloyd Acker Family, LTD; THENCE NO 41' 34 "W, along West line said Tract 5 for a distance feet to a point for a corner at Northwesterly most corner said Tract 5; THENCE N89 49' 18 "E, along North line said Tract 5 for a distance feet to a point for a corner at Norasterly most comer said Tract 5; THENCE NO- 39' 30" W, along West In owned by Carl Glaze, Et Ux for a distance Northwesterly most corner said Tract 2; e Tract 2, a acre tract land as feet to a point for a comer at THENCE N89 20' 30 "E, along North line said Tract 2, North line Tract 1-01, an acre tract land owned by Carl Glaze, Et Ux and North line Tract 2-1, an acre tract land owned by Beth & Randy Talley for a distance

10 feet to a point for a corner at Southwesterly most corner Tract 7, a acre tract land owned by Jack H. & Old Millwood Road; Elizabeth Hittson, said point also being in East line THENCE West line N04 050' said 24 Tract "E, along 7 for a distance said East line Old feet Millwood to a point and for following a comer at along Northwesterly most corner said Tract 7 said point also being in County Line Rockwall County and Collin County; THENCE East, along said County Line and North line said Tract 7 for a distance Tract7; feet to a point for a corner at Norasterly most comer said THENCE S0010' 35 "W, along East line said Tract 7 for a distance feet to a point for a corner; Point THENCE for awest, comer; departing said East line Tract 7 for a distance feet to a THENCE N001 0' 35"E, for a distance feet to a point for a corner; THENCE West, along a line that is 5.0 feet South and parallel to said County Line and said North line Tract 7 for a distance feet to a point for a corner; THENCE SO4 50' 24' W, along a line that is 5. 0 feet from and parallel to said East line Old Millwood for a distance feet to a point for a corner; THENCE 589 '20' 30 "W along a line that is 5. 0 feet South and parallel to said for North a corner; line Tract 2-1, Tract 1-01, and Tract 2 for a distance feet to a point THENCE SO 39' 30 "E for a distance feet to a point for a corner, THENCE S89 49' 18 "W, for a distance feet to a point for a corner, THENCE S0 041' 34 "E, along a line that is 5. 0 feet from and running parallel to said West line Tract 5 for a distance feet to a point for a corner; THENCE S88 040' 06 "W, along a line that is 5. 0 feet from and running parallel to said North line Tract 38 and 38-1 for a distance feet to a point for a corner, THENCE SO 55' 01 "E, along a line that is 5. 0 feet from and running parallel to said West line Tract 38 and Tract 3-1 for a distance feet to a point for a corner; THENCE South line N87 Tract 16' "E, along a line that is 5. 0 feet from and running parallel to said for a distance feet to a point for a corner;

11 containing THENCE 24. SO 00' acres "E,( for 1, 051, a 843 distance square feet) 5.01 land feet more to or Point less. Beginning and Containing 1 77 acres, more or less.

12 Exhibit B to Annexation petition Acreage Annexed: Service Plan for Annexed Area Annexation Case # City and County Rockwall, Texas 86 acres more or less Survey Abstract and County: The Annexed Property consists those portions that tract land described below that constitute properties subject to annexation by City Rockwall pursuant to Petitions Steven and Christine Rinner; Henry and Jana C. N. Christy Jones; Loyd Acker Family, Ltd.; Carl E. and Dixon A. Glaze; and Beth and Randy Talley which petitions are dated on or about December 6, BEING a acre tract land situated in J. Simmon Survey, Abstract No. 190, J. Strickland Survey, Abstract No. 187, J.E. Sherwood Survey, Abstract No. 206, M. Simmons Survey, Abstract No. 197 and J. Smith Survey, Abstract No. 191 in as County follows: Rockwall, Texas and being more particularly described by metes and bounds BEGINNING at a point for a corner at Northwesterly most corner Tract 3, a acre tract land owned by William H. Eidt, said point also being on South line Tract 3-1, a acre tract land owned by Steve Rinner, THENCE S87 16' 30 "W, along South line said Tract 3-1 for a distance feet to a point for a comer at Southwesterly most corner said Tract 3-1, said point also being in East line Anna Cade Road; THENCE N00 55' 01 " W, along said East line Anna Cade Road and West line said Tract 3-1 and West line Tract 38, a 10.0 acre tract land owned by Henry most Rohrbacker comer forsaid a distance Tract 38; feet to a point for a corner at Northwesterly THENCE N88 40' 06 "E, along North line said Tract 38 and crossing Norasterly most corner said Tract 38 for a distance feet to a point for a corner at Southwesterly most corner Tract 5, a acre tract land owned by Lloyd Acker Family, LTD; to THENCE a point for NO a 41' corner 34 "W, at along West line said Tract 5 for a distance feet Northwesterly most comer said Tract 5;

13 THENCE N89049' 18 "E, along North line said Tract 5 for a distance feet to a point for a corner at Norasterly most corner said Tract 5; THENCE NO- 39' 30" W, along West lb owned by Carl Glaze, Et Ux for a distance e Tract 2, a acre tract land as Northwesterly most corner said Tract 2; feet to a point for a corner at 01, THENCE an N89 acre tract "E, along land owned North by line Carl Glaze, said Tract Et Ux 2, and North North line line Tract Tract , an acre tract land owned by Beth & Randy Talley for a distance feet land to a owned point for by ajack corner H. at & Southwesterly most comer Tract 7, a acre tract Old Millwood Road; Elizabeth Hittson, said point also being in East line THENCE West line N04 50' said 24 Tract "E, along 7 for a distance said East line Old feet Millwood to a point and forfollowing a corner at along Northwesterly most corner said Tract 7 said point also being in County Line Rockwall County and Collin County; THENCE East, along said County Line and North line said Tract 7 for a Tract7; distance feet to a point for a corner at Norasterly most comer said to THENCE a point for S0 010' a comer, 35 "W, along East line said Tract 7 for a distance feet Point THENCE for a West, comer; departing said East line Tract 7 for a distance feet to a THENCE N0 010' 35 "E, for a distance feet to a point for a corner, THENCE West, along a line that is 5. 0 feet South and and parall said North line Tract 7 for a distance feet el to said County Line a point for a corner; line THENCE Old S04050' Millwood 24' for W, a along distance a line that is 5. feet 0 feet to a from point and for a parallel corner; to said East THENCE S89 20' 30 "W along a line that is 5.0 feet South and parallel to said for North a corner, line Tract 2-1, Tract 1-01, and Tract 2 for a distance feet to a point THENCE SO 39' 30 "E for a distance feet to a point for a corner, THENCE S8949' 1 8" W, for a distance feet to a point for a corner;

14 West THENCE line SO Tract 41' 34 5 for "E, a along distance a line that is feet feet to from a point and for running a comer; parallel to said THENCE ' 06 "W, along a line that is 5. 0 feet from and running parallel to said North line Tract 38 and 38-1 for a distance feet to a point for a corner; THENCE SO 55' 01 " E, along a line that is 5.0 feet from and running parallel to said West line Tract 38 and Tract 3-1 for a distance feet to a point for a corner, THENCE N87 16' 30 "E, along a line that is 5. 0 feet from and running parallel to said South line Tract 3-1 for a distance feet to a point for a corner; containing THENCE 24. SO 00' acres "E,( for 1, 051, a 843 distance square feet) 5.01 land feet more to or less. Point Beginning and Date Adoption Annexation Ordinance: Municipal Services to Annexed Property shall be furnished by or on behalf City Rockwall, Texas, however, due to limitations serving narrow strip annexation area and that strip is not considered a viable economic unit, that area will will not receive City services at this time, including ordinance and code schedule: enforcement, as more particularly described and in accordance with following A. Police Services and Fire Services The Annexed Property is so narrow and comprises such a small area that provision ongoing police and fire services is neir practical nor necessary and will not be requested by owners unless and until adjacent property belonging to owners is annexed. As and when adjacent property belonging to owners is annexed service Plan provisions regarding se matters adopted as to that property shall apply to Annexed Rockwall Property. Police In Department event a will specific cooperate crime with is committed Rockwall on County Annexed Sheriff Property regarding investigation and arrest. B. Health and Code Compliance Services The Annexed Property is so narrow or comprises such a small area that it cannot be used independently under any City' s development control ordinances, or or regulatory ordinances, so that such ordinances shall not be enforced in said area. As and when adjacent property belonging to owners is annexed service plan provisions regarding se matters adopted as to that property shall apply to Annexed Property. The City recognizes that owners engage in a variety organically based practices to

15 control mosquito populations and that insecticide fogging is inconsistent t with those Practices- Therefore City agrees not to engage in insect Property. fogging C. Planning and Zoning Annexed The Annexed Property is so narrow or comprises such a small area that it cannot be used independently under any City' s development control ordinances, or or regulatory ordinances, so that such ordinances shall not be enforced in said area. As and when adjacent property belonging to owners is annexed service plan provisions regarding se matters adopted as to that property shall apply to Annexed Property. D. Recreation and Leisure Services The Annexed Property is so narrow and comprises such a small area that re will be no residents on tract. These services will not be requested unless and until adjacent Property belonging to owners is annexed. At that time service plan provisions regarding se matters adopted as to that property shall apply to Annexed Property. E. Solid Waste Collection The Annexed Property is so narrow and comprises such a small area that re will be no residents on tract. These services will not be requested unless and until adjacent property belonging to owners is annexed. At that time service plan provisions regarding se matters adopted as to that property shall apply to Annexed Property. F. Streets There are no streets on Annexed Property. The Annexed Property is so narrow and comprises such a small area that re will be no residents on tract. These services will not be requested unless and until adjacent property belonging to owners is annexed. At that time service plan provisions regarding se matters adopted as to that property shall apply to Annexed Property. G. Water and Sanitary Sewer Services The Annexed Property is so narrow and comprises such a small area that provision water and sanitary sewer services is neir practical nor necessary and will not be requested by owners unless and until adjacent property belonging to owners is annexed. As and when adjacent property belonging to owners is annexed service plan provisions regarding se matters adopted as to that property shall apply to Annexed Property. H. Public Utilities

16 The Annexed Property is so narrow and comprises such a small area that provision public utility services is neirpractical nor necessary and will not be requested by when owners unless adjacent andproperty until adjacent property belongingo belonging to owners is annexed. As and to owners is annexed service plan provisions regarding se matters adopted as to that property shall apply to Annexed Property. L Miscellaneous independently The Annexed Property under any is so narrow City' or s development comprises such control a small ordinances, area that or it cannot or be used regulatory ordinances, so that such ordinances shall not be enforced in said area. As and when adjacent property belonging to owners is annexed service plan provisions If, regarding despite se foregoing, matters adopted re isas any to legitimate that property reason shall for apply any to city employee Annexedor Property. representative to enter Annexed Property, that will be done only with advance permission and arrangement with owners This Service Plan will remain in effect for duration term Development to Agreement Annexation between Petition owners pursuant and to city which entered into Annexed contemporaneously with filing Property is being annexed.

17 The originally signed Annexation Petition was given to Michael Hampton on 2/23/ 05 for Planning & Zoning Department files.