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HomeMy WebLinkAboutRES 17-098RESOLUTION NO. 17-098 WHEREAS, in September of 2016, the City annexed a 77.73 acre area located on the west side of Major Drive, just south of the right-of-way for Folsom Road; and, WHEREAS, during the analysis of the annexation process, it was determined that the city should pursue the annexation of the entire unincorporated area extending from Folsom, south to Dishman and from Major Drive, west to Keith Road; and, WHEREAS, Chapter 212 of the Texas Local Government Code offers immunity from annexation for properties having an "agricultural exemption" for taxing purposes, provided the property owners and the City execute a Development Agreement; and, WHEREAS, the City Council is of the opinion that a Development Agreement between the City of Beaumont and the property owner would limit development on the property to its present agricultural uses in exchange for deferring annexation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to enter into a Development Agreement between the City of Beaumont and McNeill, L.L.C., the owner of approximately 10.46 acres of land located on the northwest corner of Major Drive and Dishman Road, in lieu of annexation of the property. The agreement is substantially in the form attached hereto as Exhibit "1" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of May, 2017. STATE OF TEXAS COUNTY OF JEFFERSON CHAPTER 43 TEXAS LOCAL GOVERNMENT CODE DEVELOPMENT AGREEMENT NO. 202 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 Beaumont, 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 Jefferson County, Texas, which is more particularly and separately described in the attached Exhibit "A"; 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, 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 (defined below) of this Agreement; and, WHEREAS, this Development Agreement is to be recorded in the Real Property Records of Jefferson County. 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. EXHIBIT "1" 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. It is stipulated that the following uses, without limitation, may be conducted without violation of this Agreement: a. Livestock and farm animal production and husbandry, b. Farming and agricultural production of food and non-food crops, hay and other customary related agricultural uses; c. Cattle, swine and horse production, breeding, husbandry, grazing and culture; d. Production of pecans and other edible nuts and fruits; e. Tree and forest restoration and timber production; e. Beekeeping and production of honey; f. Water resources, including canals and laterals. g. Exploration, development and production of oil, gas and other minerals. The Owner covenants and agrees that the Owner will not file any type of subdivision plat or related development document for the Property with Jefferson 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 AR, Agriculture -Residential District, zoning requirements apply to the Property, and that the Property shall be used only for AR, Agriculture -Residential District, zoning uses 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 incompliance 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 severally, 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 to the City 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 fifteen (15) years from the date that the City Manager's signature to this Agreement is acknowledged by a public notary. Absent an extension of the term of this agreement by the City and the Owner prior to the end of the fifteen (15) year term, 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 AR, Agriculture -Residential, 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 Beaumont Attn: City Manager 301Main Street Beaumont, Texas 77701 Section 8. This Agreement shall run with the Property and be recorded in the real property records of Jefferson 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 Jefferson County, Texas. Section 13. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Executed effective the day of 12017. McNeill, L..L.C. A Texas limited liability company By: By: Alan McNeill, Manager Barbara McNeill, Manager CITY: The City of Beaumont, Texas By: Kyle Hayes, City Manager THE STATE OF TEXAS) [1101"CY AL01a101yWDI.i.WW' This instrument was acknowledged before me on the day of , 20179 by Alan McNeill and Barbara McNeill, Managers of McNeill, L.L. C., a Texas limited liability company, as the act and deed of said company. Notary Public, State of Texas THE STATE OF TEXAS) COUNTY OF JEFFERSON This instrument was acknowledged before me on the day of , 2017, by Kyle Hayes, City Manager, City of Beaumont, Texas, as the act and deed of said City. Notary Public, State of Texas "Exhibit A" 10.460 Acre Tract Almanzon Huston Survey, Abstract No. 33 Jefferson County, Texas Being a 10.460 acre tract of land as situated in the Almanzon Huston Survey, Abstract No. 33, Jefferson County, Texas and being more particularly described as follows: Being a 20.590 acre tract of land as situated in the Almanzon Huston Survey, Abstract No. 33, Jefferson County, Texas and being out of and a part of a called 476.635 acre tract as conveyed from Barbara Gordon McNeill and William Alan McNeill (Grantor) to McNeill GP, L.L.C. by a Special Warranty Deed dated December 1, 2010 and filed for record under Clerk's File No. 2010044439 of the Jefferson County Official Public Records, all of a called 15.341 acre tract as conveyed to McNeill GP, LLC by a Special Warranty Deed dated December 1, 2010 and field for record under Clerk's File No. 2010043852 of the Jefferson County Official Public Records, and out of and a part of a called 2.067 acre tract as conveyed to McNeill GP, LLC by a Special Warranty Deed dated December 1, 2010 and filed for record under Clerk's File No. 2010043855 of the Jefferson County Official Public Records; BEGINNING at a 1/2 -inch iron rod found (with aluminum cap) at the intersection of the north line of Dishman Road (60' wide apparent right-of-way) with the west right-of-way of F.M. Highway 364 (right-of-way width varies), also known locally as Major Drive, for the southeast corner of the herein described tract and the southeast corner of said McNeill GP, LLC called 15.341 acre tract; THENCE, South 89°43'34" West, a distance of 811.39 feet, along the north line of said Dishman Road and the south line of said McNeill GP, LLC called 15.341 acre tract, to a 3/4 -inch iron rod found for the southwest corner of same and the southwest corner of the herein described tract, same being located on the east line of a called 11.194 acre Right -of -Way Easement as granted to Jefferson County Drainage District No. 6 by a document dated June 19, 1996 and filed for record under Clerk's File No. 96-9619289 of said Jefferson County Official Public Records; THENCE, North 18002'52" West, a distance of 594.14 feet, along an east line of said Jefferson County Drainage District No. 6 - 11.194 acre Right -of -Way Easement and a west line of said McNeill GP, LLC called 15.341 acre tract, to a 5/8 -inch iron rod found (with cap stamped "JAMA LLC") for an angle corner of same and of the herein described tract, same being the southeast corner of a called 3.377 acre Drainage Easement as granted to Jefferson County Drainage District No. 6 by a document dated October 25, 2002 and filed for record under Clerk's File No. 2002042546 of said Jefferson County Official Public Records, from which a 3/4 -inch iron rod found for an angle corner of said Jefferson County Drainage District No. 6 - 11.194 acre Right -of -Way Easement bears North 1802'52" West a distance of 247.18 feet; THENCE, North 00004'07" West, along the east line of said Jefferson County Drainage District No. 6 - 3.377 acre Drainage Easement and a west line of said said McNeill GP, LLC called 15.341 acre tract, at a distance of 248.06 feet passing a 5/8 -inch iron rod found (with cap stamped "JAMA LLC") for the northwest corner of same, IN ALL a total distance of 470.40 feet to a 5/8 -inch iron rod set (with cap stamped "JAMA LLC") for the northwest corner of the herein described tract; THENCE, South 89044'33" East, a distance of 1002.95 feet, to a 5/8 -inch iron rod set (with cap stamped "JAMA LLC") in the west right-of-way of said F.M. Highway 364 for the northeast corner of the herein described tract; THENCE, South 00°08'36" East, a distance of 293.91 feet, along the west right-of-way of said F.M. Highway 364, to a 5/8 -inch iron rod found (with cap stamped JAMA LLC") for the northeast corner of said McNeill GP, LLC called 2.067 acre tract, from which a 1/2 -inch iron rod found bears South 8957'34" East a distance of 0.65 feet; THENCE, North 89057'34" West, a distance of 468.79 feet, along the north line of said McNeill GP, LLC called 2.067, to a 5/8 -inch iron rod set (with cap stamped "JAMA LLC") for an interior corner of the herein described tract, from which a 1/2 -inch iron rod found for the northwest corner of said McNeill GP, LLC called 2.067 bears North 8957'34" West a distance of 41.00 feet; THENCE, South 00008'36" East, a distance of 180.16 feet, to a point in the south line of said McNeill GP, LLC called 2.067 for an interior corner of the herein described tract, from which a 5/8 - inch iron rod found (with cap stamped "JAMA LLC") bears North 89 57'34" West a distance of 41.00 feet; THENCE, South 89057'34" East, a distance of 468.79 feet, along the south line of said McNeill GP, LLC called 2.067, to a 1/2 -inch iron rod found in the west right-of-way of said F.M. Highway 364 for the southeast corner of same; THENCE, South 00008'36" East, a distance of 124.55 feet, along the west right-of-way of said F.M. Highway 364, to a 5/8 -inch iron rod found (with cap stamped "JAMA LLC") for an angle corner of the herein described tract; THENCE, South 01°07'37" West, a distance of 428.40 feet, along the west right-of-way of said F.M. Highway 364, to the PLACE OF BEGINNING, CONTAINING 20.590 acres of land in Jefferson County, Texas, SAVE & EXCEPT the following described two tracts of land designated as "Exception Tract 1" and "Exception Tract 2" herein. EXCEPTION TRACT 1 - 5.120 acre tract Being a 5.120 acre tract of land as situated in the Almanzon Huston Survey, Abstract No. 33, Jefferson County, Texas and being out of and a part of a called 476.635 acres as conveyed from Barbara Gordon McNeill and William Alan McNeill (Grantor) to McNeill GP, L.L.C. by a Special Warranty Deed dated December 1, 2010 and filed for record under Clerk's File No. 2010044439 of the Jefferson County Official Public Records, said 5.120 acre tract being also a part of a an unrecorded Ground Lease dated effective May 1, 2014, from McNeill, LLC to Amelia Farm and Market, LLC, which ground lessee rights were assigned by Amelia Farm and Market, LLC to Lobeau Products, LLC. Said 5.120 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a in the west right-of-way of F.M. Highway 364 (right-of-way width varies), also known locally as Major Drive, for a southeast corner of said McNeill GP, L.L.C. called 476.635 acre tract and the northeast corner of a called 15.341 acre tract as conveyed to McNeill GP, L.L.C. by a Special Warranty Deed dated December 1, 2010 and filed for record under Clerk's File No. 2010043852 of the Jefferson County Official Public Records; THENCE, North 89044'33" West, a distance of 1003.24 feet, along the north line of said McNeill GP, L.L.C. called 15.341 acre tract, to a 5/8 -inch iron rod found (with cap stamped "JAMA LLC") for the northwest corner of same, a southwest corner of said McNeill GP, L.L.C. called 476.635 acre tract, and the southwest corner of the herein described tract; THENCE, North 00004'07" West, a distance of 222.34 feet, over and across said McNeill GP, L.L.C. called 476.635 acre tract, to a point for the northwest corner of the herein described tract; THENCE, South 89044'33" East, a distance of 1002.95 feet, over and across said McNeill GP, L.L.C. called 476.635 acre tract, to a point in the west right-of-way of said F.M. Highway 364 and an east line of said McNeill GP, L.L.C. called 476.635 acre tract for the northeast corner of the herein described tract; THENCE, South 00°08'36" East, a distance of 222.34 feet, along an east line of said McNeill GP, L.L.C. called 476.635 acre tract and the west right-of-way of said F.M. Highway 364, to the PLACE OF BEGINNNING, CONTAINING 5.120 acres of land. EXCEPTION TRACT 2 - 5.01 acre tract Being a 5.010 acre tract of land as situated in the Almanzon Huston Survey, Abstract No. 33, Jefferson County, Texas and being out of and a part of a called 15.341 acre tract as conveyed to McNeill GP, LLC by a Special Warranty Deed dated December 1, 2010 and field for record under Clerk's File No. 2010043852 of the Jefferson County Official Public Records, and out of and a part of a called 2.067 acre tract as conveyed to McNeill GP, LLC by a Special Warranty Deed dated December 1, 2010 and filed for record under Clerk's File No. 2010043855 of said Jefferson County Official Public Records. Said 5.010 acre tract being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 -inch iron rod found (with aluminum cap) at the intersection of the north line of Dishman Road (60' wide apparent right-of-way) with the west right-of-way of F.M. Highway 364 (right-of-way width varies), also known locally as Major Drive for the southeast corner of said McNeill GP, LLC called 15.341 acre tract; THENCE, South 89°43'34" West, a distance of 537.38 feet, along the north line of said Dishman Road and the south line of said McNeill GP, LLC called 15.341 acre tract, to a 5/8 -inch iron rod set (with cap stamped "JAMA Group") for the most southerly southeast corner and PLACE OF BEGINNING of the herein described tract; THENCE, South 89°43'34" West, a distance of 60.00 feet, along the north line of said Dishman Road and the south line of said McNeill GP, LLC called 15.341 acre tract, to a 5/8 -inch iron rod set (with cap stamped "JAMA Group") for the most southerly southwest corner of the herein described tract, from which a 3/4 -inch iron rod found for the southwest corner of said McNeill GP, LLC called 15.341 acre tract bears South, 89°43'34" West a distance of 214.01 feet; THENCE, North 00°02'26" East, a distance of 296.01 feet, over and across said McNeill GP, LLC called 15.341 acre tract, to a 5/8 -inch iron rod set (with cap stamped "JAMA Group") for an interior angle corner of the herein described tract; THENCE, North 89°57'34" West, a distance of 121.66 feet, over and across said McNeill GP, LLC called 15.341 acre tract, to a 5/8 -inch iron rod set (with cap stamped "JAMA Group") for the most westerly southwest corner of the herein described tract; THENCE, North 00002'26" East, a distance of 514.60 feet, over and across said McNeill GP, LLC called 15.341 acre tract, to a 5/8 -inch iron rod set (with cap stamped "JAMA Group") for the northwest corner of the herein described tract, located on the south line of a called 476.635 acre tract as conveyed to McNeill GP, LLC by a Special Warranty Deed dated December 1, 2010 and filed for record under Clerk's File No. 2010044439 of the Jefferson County Official Public Records and the north line of said McNeill GP, LLC called 15.341 acre tract; THENCE, South 89044'33" East, a distance of 725.95 feet, along the north line of said McNeill GP, LLC called 15.341 acre tract and the south line of said McNeill GP, LLC called 476.635 acre tract, to a 5/8 -inch iron rod found (with cap stamped "JAMA Group") in the west right-of-way of F.M. Highway 364 for the most northerly northeast corner of the herein described tract, the northeast corner of said McNeill GP, LLC called 15.341 acre tract, and the southeast corner of said McNeill GP, LLC called 476.635 acre tract; THENCE, South 00008'36" East, a distance of 71.57 feet, along the east line of said McNeill GP, LLC called 15.341 acre tract and the west right-of-way of said F.M. Highway 364, to a 5/8 -inch iron rod found (with cap stamped "JAMA Group") for a southeast corner of the herein described tract and the northeast corner of said McNeill GP, LLC called 2.067 acre tract, from which a 1/2 -inch iron rod found for reference bears South 89°57'34" East, a distance of 0.65 feet and a 1/2 -inch iron rod found for the southeast corner of McNeill GP, LLC called 2.067 acre tract bears South 00008'36" East a distance of 180.16 feet; THENCE, North 89057'34" West, a distance of 468.79 feet, along a south line of said McNeill GP, LLC called 15.341 acre tract and the north line of said McNeill GP, LLC called 2.067 acre tract, to a 5/8 -inch iron rod found (with cap stamped "JAMA LLC") for a interior angle corner of the herein described tract; THENCE, South 00008'36" East, a distance of 180.16 feet, over and across said McNeill GP, LLC called 2.067 acre tract, to a 5/8 -inch iron rod found (with cap stamped "JAMA Group") for an interior angle corner of the herein described tract located on the south line of said McNeill GP, LLC called 2.067 acre tract and a north line of said McNeill GP, LLC called 15.341 acre tract; THENCE, South 89057'34" East, a distance of 130.71 feet, along the south line of said McNeill GP, LLC called 2.067 acre tract and a north line of said McNeill GP, LLC called 15.341 acre tract, to a point for a northeast corner of the herein described tract, from which a 1/2 -inch iron rod found in the west right-of-way of said F.M. Highway 364 for the southeast corner of McNeill GP, LLC called 2.067 acre tract bears South 89057'34" East a distance of 338.08 feet and a 5/8 -inch iron rod set (with cap stamped "JAMA Group") for reference bears South 0002'26" West a distance of 2.00 feet; THENCE, South 00002'26" West, a distance of 260.13 feet, over and across said McNeill GP, LLC called 15.341 acre tract, to a 5/8 -inch iron rod set (with cap stamped,"JAMA Group") for the most easterly southeast corner of the herein described tract; THENCE, North 89°57'34" West, a distance of 207.02 feet, over and across said McNeill GP, LLC called 15.341 acre tract, to a 5/8 -inch iron rod set (with cap stamped "JAMA Group") for an interior angle corner of the herein described tract; THENCE, South 00°02'26" West, a distance of 295.68 feet, over and across said McNeill GP, LLC called 15.341 acre tract, to the PLACE OF BEGINNING, CONTAINING 5.010 acres of land in Jefferson County, Texas, for a total acreage of 10.460 acres herein described. All as generally depicted on the attached plat on the Eastern enlargement shown thereon..