24-R-81 Development Agreement Fey & Reh 223-acresRESOLUTION NO. 24-R-81
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING THE APPROVAL OF DEVELOPMENT
AGREEMENTS WITH SHARLENE E. & TIMOTHY A FEY AND SANRA
REEH ET AL, FOR APPROXIMATELY 223 ACRES OF LAND IN
RELATION TO ANNEXATION, EXTRATERRITORIAL JURISDICTION
STATUS AND OTHER MATTERS IN CONNECTION THEREWITH.
WHEREAS, the City staff of the City of Schertz (the "City') has been approached by
Sharlene E & Timothy A Fey and Sandra Reeh ET AL, ("Owner(s)") to enter into Development
Agreements in relation to annexation, extraterritorial jurisdiction status in relation to
approximately 223 acres; and
WHEREAS, Texas Local Government Code Section 212 allows the City to enter into an
agreement with an owner of land that is located in the extraterritorial jurisdiction of the
municipality; and
WHEREAS, the exhibit A is attached illustrating the approximately 223 acres that
identified within this resolution; and
WHEREAS, the City staff has recommended that the development agreement in relation
to annexation, extraterritorial jurisdiction status, and other matters in connection as outlined within
the Development Agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS THAT:
Section 1. The City Council hereby authorizes the City Manager to execute and deliver the
Development Agreements with Sharlene E & Timothy A Fey and Sandra Reeh ET AL
(Owner(s)) generally per the attached Exhibit B, subject to changes approved by the City
Manager and City Attorney.
Section 2. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any
provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved
herein.
Section 4. This Resolution shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be
valid, and the City Council hereby declares that this Resolution would have been enacted
without such invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at which this
Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution,
was given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final passage, and
it is so resolved.
PASSED AND ADOPTED, this L*day of rO2.
A
Sheila Edmond n, CitySecretary
Exhibit "A"
The Subject Properties
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Exhibit "A": Property Depiction
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Exhibit "B"
Development
Agreements
DEVELOPMENT AGREEMENT
BY AND AMONG
CITY OF SCHERTZ, TEXAS
AND
TIMOTHY A. FEY & SHARLENE E. FEY
This Development Agreement ("Agreement") is entered into by and among the City of
Schertz, Texas (as further defined herein, the "Oty") and Timothy A. Fey & Sharlene E. Fey
(collectively, "Owner") (collectively, the "Parties") and is effective as of the Effective Date for
the duration of the Term.
RECITALS
WHEREAS, the Owner owns approximately 100.535 acres of real property, also known
as Comal County Appraisal District Parcels 79004, 79006, and 79009, as more particularly
described in the attached Exhibit "A" (the "Pro a "); and
WHEREAS, the Property is located in Comal County, Texas, wholly outside the City's
corporate limits but wholly within the City's extraterritorial jurisdiction (the " ETT ); and
WHEREAS, the Property is not located in any other municipality's corporate limits or
extraterritorial jurisdiction; and
WHEREAS, Owner currently uses a portion of the Property for single-family residential
purposes ("Residential Tract") and a portion of the Property for agricultural purposes
("Agricultural Tract"); and
WHEREAS, the Residential Tract is approximately 1.5 acres, and the Agricultural Tract
is approximately 99.035 acres;
WHEREAS, the Parties agree that the Agricultural Tract may be annexed into the City,
and that the Residential Tract shall remain within the City's extraterritorial jurisdiction; and
WHEREAS, the City agrees that upon annexation of the Agricultural Tract, Agricultural
Use (as defined herein) may continue on the Agricultural Tract regardless of zoning or other City
regulations; and
WHEREAS, the Parties agree that the City may exercise its right to annex the Agricultural
Tract at any time during the Term of this Agreement; and
WHEREAS, the Parties acknowledge that State annexation law may change, and the
Parties intend that this Agreement shall continue in full force and effect regardless of changes to
State law, specifically Chapters 42, 43 and 212 of the Texas Local Government Code; and
WHEREAS, upon full purpose annexation of the Agricultural Tract, necessary police,
public safety, and other municipal utility services will be provided to the Agricultural Tract as
herein described and in compliance with the relevant provisions of Chapter 43 of the Texas Local
Government Code; and
WHEREAS, Parties acknowledge that this Agreement serves as a written agreement
regarding services in accordance with Section 43.0672 of the Texas Local Government Code; and
WHEREAS, this Agreement is a development agreement of the type described by
Subchapter G of Chapter 212; and
WHEREAS, the City entered into multiple development agreements for the Property ("
Original Development Agreements"), and then extended the Original Development Agreements
on February 24, 2021 ("Extension"); and
WHEREAS, upon the approval of this Agreement, the Parties agree to the termination of
the Original Development Agreements and the. Extension, including any surviving provisions, and
waiver of any associated claims and rights associated with the, Original Development Agreements
and/or the Extension; and
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WHEREAS, the City has provided the Owner with a written disclosure that includes: (1)
a statement that the Owner is not required to enter into theAgreement; (2) the authority under
which the City may annex the Property with references to,relevant law; (3) a plain -language
description of the annexation procedures applicable.to the Property;; (4) whether the procedures
require the Owner's consent; and (5) a statement regarding the City's waiver of immunity to suit;
and
NOW, THEREFORE, for and in consideration of the above stated recitals, which are
made a part of this Agreement f for all purposes, the benefits described below, and the mutual
promises expressed herein, the sufficiency 'of which is hereby acknowledged by the Parties, the
Parties hereby contract, covenant,` and agree as follows:
ARTICLE 1
DEFINED TERMS
1.01 Construction of Terms. All terms and phrases defined herein shall have the
meanings and definitions ascribed thereto. Terms that have well known technical, municipal, or
construction or development industry meanings are used in accordance with such recognized
meanings, unless otherwise defined herein or unless the context clearly indicates a different
meaning. If appropriate in the context of this Agreement, words of the singular shall be considered
to include the plural, words of the plural shall be considered to include the singular, and words of
the masculine, feminine, or neuter gender shall be considered to include the other genders.
1.02 Defmition of Certain Terms. In addition to capitalized terms defined throughout
this Agreement, the following terms used in this Agreement have the meaning ascribed thereto:
Page 2 of 16
"Agricultural Tract" means the approximately 99.035 acre portion of the Property used for
agricultural purposes as further described on the attached Exhibit "B".
"Agricultural Use" shall have the same meaning as "Agricultural Operation", as defined
by Texas Agricultural Code Chapter 251 as of the Effective Date.
"AuthorizinSOrdinance" means Ordinance No. adopted by the City
Council on July 16, 2024, which ordinance authorizes the City's entering into this Agreement and
other matters necessary or incidental to the foregoing, all in accordance with Subchapter G of
Chapter 212.
"Chapter 42" means Chapter 42, as amended, Texas Local Government Code.
"Chapter 43" means Chapter 43, as amended, Texas Local Government Code.
"Chapter 212" means Chapter 212, as amended, Texas Local Government Code.
"Chapter 245" means Chapter 245, as amended, Texas Local Government Code.
"City" means the City of Sc_hertz, Texas, a Texas Home Rule Municipality, located in
Guadalupe County. ` c'r
"City Council" means the City Council` of the City, as its governing body.
"City ETJ" means the City's Extra ter ritorial,Jurkdiction, as determined under Chapter 42,
the unincorporated area that is contiguous 'to. the"'corporatc boundaries of the City (plus those
contiguous areas that are included in the City ETJ by request of the owners thereof).
"City Representative" means the City Manager or another official or representative of the
City, as the City representative designated by the `City Council to undertake certain duties and
obligations hereunder onAhe City's behalf.
"Code" means the City. Code of Ordinances, including the City's Unified Development
Code, as from time to time amended by the City Council.
"Effective Date" means July 16, 2024, being the date of this Agreement's effectiveness.
"Fee Ordinance" means the City's ordinance establishing the comprehensive fee schedule
for City services, adopted annually and being uniformly applicable to all residents and
development within the corporate limits of the City.
"Party" or "Parties" means the City and the Owner, collectively or (as applicable and in
context) singularly.
"Residential Tract" means the approximately 1.5-acre portion of the Property used for
single-family residential purposes as further described on the attached Exhibit "C".
"State" shall mean the State of Texas.
Page 3 of 16
"Term" means the period of time beginning on the Effective Date and ending on the
Termination Date.
Date.
"Termination Date" means the date that is the forty-fifth (45t') anniversary of the Effective
"UDC" shall mean the City's Unified Development Code as of the Effective Date.
ARTICLE 2
AUTHORITY, TERM, AND LIABILITY
2.01 Authorift. t"
(a) The City enters into this Agreement pursuant to the authority granted thereto under
the Constitution and general laws of the State of Texas, including (particularly) Article III, Section
52-a of the Texas Constitution, Subchapter G of Chapter 212, and the Authorizing Ordinance.
(b) Regarding Agricultural . Use of the Agricultural Tract herein'- described, this
Agreement is determined to be a plan under,which general uses and development of the Property
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are authorized pursuant to and in accordance with Section 212.172(b)(2), as amended, Texas Local
Government Code. `''• " `w` ':
(c) The Owner acknowledges an&. agrees that the City may zone the Agricultural Tract
in a manner consistent with the uses hereunder; .contemplated, but this Agreement does not
constitute a contract for specific zoning.
2.02 Term. This Agreement shall become effective and enforceable on, the Effective
Date and shall continue through the Termination Date
ARTICLE 3
DEVELOPMENT
3.01 Development...:
(a) Agricultural Tract. As a result of full -purpose annexation of the Agricultural Tract
in accordance with Article 5, the Parties intend that the City shall have and exercise exclusive
jurisdiction over the review and approval of preliminary and final plats relative to the Agricultural
Tract. The Agricultural Use of the Agricultural Tract may continue subsequent to annexation by
the City. City building permits related to the Agricultural Use shall be required, but only if required
by Code and not excepted by State law or UDC Section 21.7.11, as adopted by the City on June
18, 2024. Any other use of the Agricultural Tract shall require all necessary City approvals in
effect as of the date of such change in use.
Page 4 of 16
(b) Residential Tract. The Residential Tract shall remain in the ETJ, and provided that
this tract is used for single-family residential purposes or Agricultural Use, and is not subdivided,
it shall not be subject to City regulations, including platting and permitting requirements.
(c) Governing Regulations. Except as specifically provided in this Agreement, all
Property development shall be governed solely by this Agreement. The Agricultural Tract shall
also be subject to the provisions of Code, with the Agreement controlling in the event of conflict.
This Agreement, and Code as applicable to the Agricultural Tract, are exclusive, and no other
ordinances, rules, regulations, standards, policies, orders, guidelines, or other City -adopted or
City -enforced requirements of any kind (including but not limited to any development moratorium
adopted by the City after the Effective Date) apply to the development of the Property.
(d) Chalater 245. Notwithstanding the foregoing, and to the extent not inconsistent with
the provisions of this Agreement, the Owner may exercise rights under Chapter 245. The Parties
hereby agree that the Effective Date shall be the date for establishment of the Owner's rights under
Chapter 245, pursuant to Section 245.002(4-1) of such Chapter. The Owner may not take
advantage of any changes to laws, rules, regulations, or ordinances of the City or other regulatory
agency occurring after the Effective Date that are inconsistent with the terms of this Agreement
without prior receipt of the City's consent (such consent not to be unreasonably withheld), which
shall be reflected in the form of an amendment to this Agreement made in accordance with Section
11.05 hereof. For the avoidance of doubt, the foregoing restriction shall not prohibit the Owner
from taking advantage of prospective changes in laws, rules, regulations, or City ordinances that
do not otherwise conflict with the provisions of this Agreement.'
(e) Conflict. Except as otherwise provided by the foregoing, if there is a conflict
between this Agreement and the application of any other ordinance, rule, regulation, standard,
policy, order, guideline or other City -adopted or City -enforced requirement, whether existing on
the Effective Date or hereafter adopted (including the Code), then this Agreement shall control. If
there is a conflict between any, Approved Plat and any of the other Governing Regulations, the
Approved Plat shall control. The Governing Regulations shall be read in concert, with all
reasonable effort made by the Parties to reconcile their respective terms and provisions. In the
event of direct conflict, the provisions of this Agreement shall supersede and control over
competing or contradictory provisions of the Code.
ARTICLE 4
MUNICIPAL SERVICES
4.01 Police Services. The City shall, upon annexation of the Agricultural Tract (and not
before), provide police service to the Agricultural Tract. The City shall, upon annexation of the
Residential Tract (and not before), provide police service to the Residential Tract.
4.02 Fire and Emergency Response Services. The City shall, upon annexation of the
Agricultural Tract (and not before), provide fire and emergency response service to the
Agricultural Tract. The City shall, upon annexation of the Residential Tract (and not before),
provide fire and emergency response service to the Residential Tract.
Page 5 of 16
4.03 Trash Service. The City shall, following annexation of the Agricultural Tract (and
not before), and at the written request of the Owner, provide trash service to the Agricultural Tract.
The City shall, upon annexation of the Residential Tract (and not before), provide trash service to
the Residential Tract.
4.04 Water/Sewer Service. If within its certificate of convenience and necessity
("CCN") service area, the City shall make available, upon annexation of the Agricultural Tract
(and not before), water and sewer service to the Agricultural Tract. Unless the Agricultural Use of
the Agricultural Tract is terminated, and the Agricultural Tract is being subdivided, Owner shall
have no obligation to use City water or sewer, nor to extend infrastructure to the Property. Private
water wells are permitted on the Property and shall not be regulated by the City, further, wells on
the Agricultural Tract may serve the Residential Tract and vice versa. If within its CCN service
area, the City shall make available, upon annexation. of the Residential Tract (and not before),
water and sewer service to the Residential Tract.
ARTICLE 5
ANNEXATION & ZONING
5.01 Petition for Annexation into Cih'. The Owner hereby agrees to the voluntary, full -
purpose annexation of the Agricultural,Tract°and hereby submits, as Exhibit "D" hereto, a petition
requesting the annexation of the Agricultural Trac`f the "Annexation Petition"). The Annexation
Petition is deemed filed by the Owner as of the Effective Date and the City agrees to pursue and
process full annexation as quickly as reasonably possible.,The Parties agree that the Residential
Tract shall remain in the City's ETJ during the. Term of this "Agreement unless the Owner or
Owner's successors in interest submits a petition 'for annexation of the Residential Tract to the
City. }
5.02 City Council Action. City action initiating annexation shall occur as soon as
practicable after the Effective Date and after the City's receipt of the completed Annexation
Petition, which shall include the steps required under Chapter 43 for the full -purpose annexation
of the Agricultural Tract. Notwithstanding its full -purpose annexation of the Agricultural Tract,
provision of City services, including extension of Public Infrastructure, to the Property shall be
made subject to this "Agreementaxid no other agreement, regulation, or law.
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5.03 Permanent Zoning. City agrees that the Agricultural Tract shall be permanently
zoned simultaneously with annexation of the Property. The City cannot contractually agree to the
zoning designation the Agricultural Tract shall receive; however, the City recognizes the Owner's
rights under Chapter 245 and Section 43.002 of the Texas Local Government Code. In the event
the Agricultural Tract is rezoned to another zoning classification, or when the Residential Tract is
annexed and zoned, City rezoning and plan amendment fees shall not apply.
Page 6 of 16
ARTICLE 6
DEFAULT AND NOTICE
6.01 Notice and Ooportuni", to Cure. If either Party defaults in its obligations under
this Agreement, the other Party must, prior to exercising a remedy available to that Party due to
the default, give written notice to the defaulting Party, specifying the nature of the alleged default
and the manner in which it can be satisfactorily cured, and extend to the defaulting Party at least
thirty (30) calendar days from receipt of the notice to cure the default. If the nature of the default
is such that it cannot reasonably be cured within the thirty (30) calendar day period, the
commencement of the cure within the thirty (30) calendar day period and the diligent prosecution
of the cure to completion will be deemed a cure within the cure period.
6.02 Enforcement. The Parties may enforce this Agreement by any proceeding at law
or equity. Failure of either Party to enforce this Agreement shall not be deemed a waiver to enforce
the provisions of this Agreement thereafter. The Parties agree that. monetary damages are not a
sufficient remedy for a default of this Agreement. As a remedy for default, the non -defaulting party
shall be entitled to equitable relief, including specific performance of this Agreement, but not
monetary damages. In addition to the foregoing, a remedy to each Party_,for; the other's default
hereunder shall be termination of this Agreement.
6.03 Notices. Any notice'required or permitted to be delivered hereunder shall be in
writing and shall be deemed received on the earlier of (i) actual receipt by mail, Federal Express
or other delivery service, fax, email or hand delivery; or (ii) three (3) business days after being
sent by United States mail, postage prepaid; certified snail; return receipt requested, addressed to
City or the Developer, as the case may be, at the address stated below.
Any notice mailed to the City shall be addressed: .
Y11..
City of Schertz
Attn: Planning Department
1400 Schertz Parkway
:y.. Schertz, Texas 78154
with a copy'to; Denton Navarro Rodriguez Bernal Santee & Zech, P.C.
Attn.: Daniel Santee
2517 North Main Avenue
San Antonio, Texas 78212
tdsantee@rampagelaw.com
Any notice mailed to the Owner shall be addressed:
Timothy A. Fey & Sharlene E. Fey
6028 FM 482
New Braunfels, TX 78132
Page 7 of 16
with a copy to: Ashley Farrimond
Killen, Griffin & Farrimond
10101 Reunion Place, Suite 250
San Antonio, Texas 78216
ashley@kgftx.com
Any Party may change the address for notice to it by giving notice of such change in
accordance with the provisions of this paragraph.
ARTICLE 7
MISCELLANEOUS
7.01 Multiple Originals. The Parties may execute this Agreement in one or more
duplicate originals, each of equal dignity.
7.02 Entire Agreement: Parties �iri .Interest. This Agreement, together with any
exhibits attached hereto, constitutes the entire agreement between Parties with respect to its subject
matter, and may not be amended except by a writing signed by all Parties with authority to sign
and dated subsequent to the date hereof. There are no other agreements, oral or written, except as
expressly set forth herein. No person, other than a Party, shall acquire or have any right hereunder
or by virtue hereof. This Agreement shall run with the land and be applicable to any successors
,assigns, and/or heirs of the Owner.
7.03 Recordation. A' opy of this Agreement will be recorded in the Official Public
Records of Comal County by the City.
7.04 _Governing Law; Venue.'' This Agreement shall be governed by and construed in
accordance with the laws of the State. This Agreement is performable in Comal County. Any legal
action or proceeding brought or maintained, directly or indirectly, as a result of this Agreement
shall be heard and determined in a court of competent jurisdiction located in Guadalupe County.
Notwithstanding the foregoing, the parties hereto agree that any dispute that may arise under this
Agreement shall first be submitted to non -binding mediation, or to alternative dispute resolution
proceedings, before litigation is' filed in court.
7.05 Termination or Amendment bi Agreement. This Agreement may only be
terminated prior to the Termination Date, or its terms amended by mutual written consent of the
Parties.
7.06 No Oral or Implied Waiver. The Parties may waive any of their respective rights
or conditions contained herein or any of the obligations of the other Party hereunder, but unless
this Agreement expressly provides that a condition, right, or obligation is deemed waived, any
such waiver will be effective only if in writing and signed by the party waiving such condition,
right, or obligation. The failure of either party to insist at any time upon the strict performance of
any covenant or agreement in this Agreement or to exercise any right, power, or remedy contained
in this Agreement will not be construed as a waiver or a relinquishment thereof for the future.
Page 8 of 16
7.07 No Third -Part►° Beneficiary. This Agreement is not intended, nor will it be
construed, to create any third -party beneficiary rights in any person or entity who is not a Party,
unless expressly otherwise provided herein.
7.08 No Personal Liabilit►,. None of the members of the City Council, nor any officer,
agent, or employee of the City, shall be charged personally by the Owner with any liability, or be
held liable to the Owner under any term or provision of this Agreement, or because of execution
or attempted execution, or because of any breach or attempted or alleged breach, of this
Agreement.
7.09 Severability. If any provision of this Agreement 'shall be held or deemed to be or
shall, in fact, be invalid, inoperative or unenforceable as applied in any particular case in any
jurisdiction or jurisdictions, or in all jurisdictions because it conflicts with any provision of any
Constitution, statute, rule of public policy, or any other reason, ' such circumstances shall not have
the effect of rendering the provision in question invalid, inoperative""or unenforceable in any other
case or circumstance, or of rendering any other provision or provisions of this Agreement invalid,
inoperative or unenforceable to any extent whatever.
7.10 Section Headings. Section headings have been inserted in this Agreement as a
matter of convenience of reference only, and it is agreed that such section headings are not a part
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of this Agreement and will not be used in the interpretation of any provisions of this Agreement.
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Page 9of16
Owner:
Timothy A. Fey
By:
Date:
THE STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on.
Fey.
2024, by Timothy A.
Notary Public in and for the State of Texas
Page 10 of 16
Owner:
Sharlene E. Fey
By:
Date:
THE STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on.= 2024, by Sharlene E.
Fey•
Notary Public, in and for the State of Texas
Page 11 of 16
CITY OF SCHERTZ, TEXAS
By:
Mayor
Date:
THE STATE OF TEXAS §
COUNTY OF GUADALUPE §
This instrument was acknowledged before me on , 2024, by
Mayor of City of Schertz, a Texas Homekule Municipality.
'Notary Public in and for the State of Texas
r.
Page 12 of 16
EXHIBIT A
The Property
EXHIBIT B
Agricultural Property
Ot
EXHIBIT C
Residential Property
EXHIBIT D
Annexation Petition
PETITION FOR ANNEXATION OF LAND INTO THE CITY OF SCHERTZ
TO THE HONORABLE CITY COUNCIL, CITY OF SCHERTZ, TEXAS:
I or we, _, owner(s) of the land described below by metes and
bounds and, being contiguous and adjacent land and territory to the present corporate limits of the
City of Schertz, Texas, hereby request annexation of the described land into the City of Schertz. I
(we) understand that the request does not necessarily mean that the land will be annexed, but that
the City will consider the request based upon requests received from other landowners and an
evaluation of services to be provided."
Name:
Address:
City/State/Zip:
{INSERT LEGAL DESCRIPTIONAND/OR ATTACH PLAT & METES AND BOUNDS
DESCRIPTION)
Wherefore, petitioners respectfully request that the hereinabove described land be
forthwith incorporated into and become a part of the territory of the municipal corporation of the
City of Schertz.
Respectfully Submitted, xt.
[NAME OF LANDOWNER]
By: _
[NAME, TITLE]
STATE OF TEXAS
COUNTY OF
BEFORE ME, the undersigned authority, on this day personally appeared as
of petitioner who having knowledge of the facts
contained herein acknowledged to me that he executed the same for the purposes and consideration
therein expressed, on this day of , 2024.
Notary Public
DEVELOPMENT AGREEMENT
BY AND AMONG
CITY OF SCHERTZ, TEXAS
AND
SANDRA A. REEH, RACHELLE REEH ORTIZ & RANESSA REEH BROADDUS
This Development Agreement ("Agreement") is entered into by and among the City of
Schertz, Texas (as further defined herein, the "Cfty") and Sandra A. Reeh, Rachelle Reeh Ortiz &
Ranessa Reeh Broaddus (collectively, "Owner") (collectively, the "Parties") and is effective as of
the Effective Date for the duration of the Term.
RECITALS
WHEREAS, the Owner owns approximately 122.597 acres of real property, also known
as Comal County Appraisal District Parcels 79001, 78945, 78946, 78247, 75480, as more
particularly described in the attached Exhibit "A" (the "Pro a "); and
WHEREAS, the Property is located in Comal County, Texas, wholly outside the City's
corporate limits but wholly within the City's extraterritorial jurisdiction (the "ET'); and
WHEREAS, the Property is not located in any other municipality's corporate limits or
extraterritorial jurisdiction; and
WHEREAS, Owner currently uses a portion of the Property for single-family residential
purposes ("Residential Tract") and a portion of the Property for agricultural purposes
("Agricultural Tract"); and
WHEREAS, the Residential Tract is approximately 1.393 acres, and the Agricultural Tract
is approximately 121.204 acres;
WHEREAS, the Parties agree that the Agricultural Tract may be annexed into the City,
and that the Residential Tract shall remain within the City's extraterritorial jurisdiction; and
WHEREAS, the City agrees that upon annexation of the Agricultural Tract, Agricultural
Use (as defined herein) may continue on the Agricultural Tract regardless of zoning or other City
regulations; and
WHEREAS, the Parties agree that the City may exercise its right to annex the Agricultural
Tract at any time during the Term of this Agreement; and
WHEREAS, the Parties acknowledge that State annexation law may change, and the
Parties intend that this Agreement shall continue in full force and effect regardless of changes to
State law, specifically Chapters 42, 43 and 212 of the Texas Local Government Code; and
WHEREAS, upon full purpose annexation of the Agricultural Tract, necessary police,
public safety, and other municipal utility services will be provided to the Agricultural Tract as
herein described and in compliance with the relevant provisions of Chapter 43 of the Texas Local
Government Code; and
WHEREAS, Parties acknowledge that this Agreement serves as a written agreement
regarding services in accordance with Section 43.0672 of the Texas Local Government Code; and
WHEREAS, this Agreement is a development agreement of the type described by
Subchapter G of Chapter 212; and
WHEREAS, the City entered into multiple development agreements with Sandra Reeh
and Dwight D. Reeh for the Property ("Original Development Agreements"), and then extended
the original Development Agreements on February
/24, 2021 ("Extension"); and
r 4
WHEREAS, since execution of the Original Development Agreements, Rachelle Reeh
Ortiz & Ranessa Reeh Broaddus have succeeded'.Dwight D. Reeh in his interests in the Property;
and
♦-k > 4.
WHEREAS, upon the approval of this Agreement the Parties agree to the termination of
the Original Development Agreements and the Extensioh,dricluding any surviving provisions, and
waiver of any associated claims and rights associated with'ihe Original Development Agreements
and/or the Extension; and
WHEREAS, the City has provided the Owner with a written disclosure that includes: (1)
a statement that the Owner is not `required to enter. into the Agreement; (2) the authority under
which the City may annex the Property with references to relevant law; (3) a plain -language
description of the annexation procedures applicable to the Property; (4) whether the procedures
require the. Owner's consent -.an:- (5) a`statement regarding the City's waiver of immunity to suit;
and
NOW, THEREFORE, for and. in consideration of the above stated recitals, which are
made a part of this Agreement for allpurposes, the benefits described below, and the mutual
promises expressed herein, the sufficiency of which is hereby acknowledged by the Parties, the
Parties hereby contract, covenant, and agree as follows:
ARTICLE 1
DEFINED TERMS
1.01 Construction of Terms. All terms and phrases defined herein shall have the
meanings and definitions ascribed thereto. Terms that have well known technical, municipal, or
construction or development industry meanings are used in accordance with such recognized
meanings, unless otherwise defined herein or unless the context clearly indicates a different
meaning. If appropriate in the context of this Agreement, words of the singular shall be considered
to include the plural, words of the plural shall be considered to include the singular, and words of
the masculine, feminine, or neuter gender shall be considered to include the other genders.
Page 2 of 16
1.02 Definition of Certain Terms. In addition to capitalized terms defined throughout
this Agreement, the following terms used in this Agreement have the meaning ascribed thereto:
"Asu-icultural Tract" means the approximately 121.204 acre portion of the Property used
for agricultural purposes as further described on the attached Exhibit "B".
"Agricultural Use" shall have the same meaning as "Agricultural Operation", as defined
by Texas Agricultural Code Chapter 251 as of the Effective Date.
"Authorizing Ordinance" means Ordinance No. adopted by the City
Council on July 16, 2024, which ordinance authorizes the City''s entering into this Agreement and
other matters necessary or incidental to the foregoing, all in accordance with Subchapter G of
Chapter 212.
"Chapter 42" means Chapter 42, as amended, Texas Local Government Code.
"Chapter 43" means Chapter 43, as amended, Texas Local Government Code.
"Chapter 212" means Chapter 212, as amended, Texas Local Government Code.
"Chapter 245" means Chapter 245, as amended, Texas Local Government Code.
"City" means the City of Scher , Texas, a Texas Home Rule Municipality, located in
Guadalupe County.
"City Council" means the City Council ofthe City;'as tts governing body.
"City ETJ" means the City's Extraterritorial. Jurisdiction, as determined under Chapter 42,
the unincorporated area that is contiguous to the: corporate boundaries of the City (plus those
contiguous areas that are included in the City ETJ by_request of the owners thereof).
"City Representative'.' means the City Manager or another official or representative of the
City, as the City representative designated by the City Council to undertake certain duties and
obligations lieieunder on the City:'s behalf.
* ... - .
v
"Code" means the City 'Coode of Ordinances, including the City's Unified Development
Code, as from time to time amended by the City Council.
"Effective Date" means'July 16, 2024, being the date of this Agreement's effectiveness.
"Fee Ordinance" means the City's ordinance establishing the comprehensive fee schedule
for City services, adopted annually and being uniformly applicable to all residents and
development within the corporate limits of the City.
"Party" or "Parties" means the City and the Owner, collectively or (as applicable and in
context) singularly.
Page 3 of 16
"Residential Tract" means the approximately 1.393-acre portion of the Property used for
single-family residential purposes as further described on the attached Exhibit "C".
"State" shall mean the State of Texas.
"Term" means the period of time beginning on the Effective Date and ending on the
Termination Date.
Date.
ermination Date" means the date that is the forty-fifth (45 h) anniversary of the Effective
"UDC" shall mean the City's Unified Development Code as of the Effective Date.
ARTICLE 2
AUTHORITY, TERM, AND LIABILITY
2.01 Authority.
(a) The City enters into this Agreement pursuantto the authority granted thereto under
the Constitution and general laws of the State of Texas, including (particularly) Article III, Section
52-a of the Texas Constitution, Subchapter G of Chapter 212, and the Authorizing Ordinance.
(b) Regarding Agricultural Use of the Agricultural Tract herein described, this
Agreement is determined to be a"plan under which general uses and development of the Property
are authorized pursuantto and in accordance with Section 212.172(b)(2), as amended, Texas Local
Government Code. n
(c) The Owner acknowledges and agrees that the City may zone the Agricultural Tract
in a manner consistent with the..uses hereunder contemplated, but this Agreement does not
constitute a contract for specific zoning.
2.02 Term. This Agreement shall become effective and enforceable on the Effective
Date and shall continue through the Termination Date.
ARTICLE 3
DEVELOPMENT
3.01 Development.
(a) Agricultural Tract. As a result of full -purpose annexation of the Agricultural Tract
in accordance with Article 5, the Parties intend that the City shall have and exercise exclusive
jurisdiction over the review and approval of preliminary and final plats relative to the Agricultural
Tract. The Agricultural Use of the Agricultural Tract may continue subsequent to annexation by
the City. City building permits related to the Agricultural Use shall be required, but only if required
Page 4 of 16
by Code and not excepted by State law or UDC Section 21.7.11, as adopted by the City on June
18, 2024. Any other use of the Agricultural Tract shall require all necessary City approvals in
effect as of the date of such change in use.
(b) Residential Tract. The Residential Tract shall remain in the ETJ, and provided that
this tract is used for single-family residential purposes or Agricultural Use, and is not subdivided,
it shall not be subject to City regulations, including platting and permitting requirements.
(c) Governing Regulations. Except as specifically provided in this Agreement, all
Property development shall be governed solely by this Agreement. The Agricultural Tract shall
also be subject to the provisions of Code, with the Agreement controlling in the event of conflict.
This Agreement, and Code as applicable to the Agricultural Tract, are exclusive, and no other
ordinances, rules, regulations, standards, policies, orders, guidelines, or other City -adopted or
City -enforced requirements of any kind (including but not limited to any development moratorium
adopted by the City after the Effective Date) apply to the development of the Property.
f`.
(d) Chapter 245. Notwithstanding the foregoing, and to the extent not inconsistent with
the provisions of this Agreement, the Owner may, exercise rights under Chapter 245. The Parties
hereby agree that the Effective Date shall be the date for establishment of the Owner's rights under
Chapter 245, pursuant to Section 245.002(a-1) of si.ch" Chapter. The Owner may not take
advantage of any changes to laws, rules, regulations, or ordinances of the City or other regulatory
agency occurring after the Effective Date that are inconsistent with the terms of this Agreement
without prior receipt of the City's consent (such consent not to be unreasonably withheld), which
shall be reflected in the form of an amendment to this Agreement made in accordance with Section
11.05 hereof. For the avoidance of doubt, the foregoing restriction shall not prohibit the Owner
from taking advantage of prospective changes in laws, rules, regulations, or City ordinances that
do not otherwise conflict with the pfrovisions of this Agreement.
(e) Conflict. Except' "as' otherwise provided by the foregoing, if there is a conflict
between this Agreement and the application' of any other ordinance, rule, regulation, standard,
policy, order, guideline or other City --adopted or City -enforced requirement, whether existing on
the Effective Date or hereafter adopted (including the Code), then this Agreement shall control. If
there is a conflict between any Approved Plat and any of the other Governing Regulations, the
Approved Plat shall control. The Governing Regulations shall be read in concert, with all
reasonable effort made by the Parties to reconcile their respective terms and provisions. In the
event of direct conflict, the provisions of this Agreement shall supersede and control over
competing or contradictory provisions of the Code.
ARTICLE 4
MUNICIPAL SERVICES
4.01 Police Services. The City shall, upon annexation of the Agricultural Tract (and not
before), provide police service to the Agricultural Tract. The City shall, upon annexation of the
Residential Tract (and not before), provide police service to the Residential Tract.
Page 5 of 16
4.02 Fire and Emergency Resl2onse Services. The City shall, upon annexation of the
Agricultural Tract (and not before), provide fire and emergency response service to the
Agricultural Tract. The City shall, upon annexation of the Residential Tract (and not before),
provide fire and emergency response service to the Residential Tract.
4.03 Trash Service. The City shall, following annexation of the Agricultural Tract (and
not before), and at the written request of the Owner, provide trash service to the Agricultural Tract.
The City shall, upon annexation of the Residential Tract (and not before), provide trash service to
the Residential Tract.
4.04 Water/Sewer Service. If within its certificate of convenience and necessity
("CCN") service area, the City shall make available, upon annexation of the Agricultural Tract
(and not before), water and sewer service to the Agricultural Tract. Unless the Agricultural Use of
the Agricultural Tract is terminated, and the Agricultural Tract is being subdivided, Owner shall
have no obligation to use City water or sewer, nor to extend infrastructure to the Property. Private
water wells are permitted on the Property and shall not be regulated bythe City, further, wells on
the Agricultural Tract may serve the Residential Tract and vice versa. If within its CCN service
area, the City shall make available, upon annexation of the Residential Tract (and not before),
water and sewer service to the Residential Tract.
ryk ARTICLE 5
ANNEXATION &ZONING
5.01 Petition for Annexation into City'. The Owner hereby agrees to the voluntary, full -
purpose annexation of the Agricultural Tract and. liereby submits, as Exhibit "D" hereto, a petition
requesting the annexation of the Agricultural Tract (the "Annexation Petition'). The Annexation
Petition is deemed' filed by the Owner as of the Effective Date and the City agrees to pursue and
process full annexation as quickly as reasonably possible. The Parties agree that the Residential
Tract shall remain in the`City's ETJ during the Tenn of this Agreement unless the Owner or
Owner's successors in interest submits a petition for annexation of the Residential Tract to the
City.
5.02 Cit Council Action. City action initiating annexation shall occur as soon as
practicable after the � Effective .;Date and after the City's receipt of the completed Annexation
Petition, which shall include the steps required under Chapter 43 for the full -purpose annexation
of the Agricultural Tract. Notwithstanding its full -purpose annexation of the Agricultural Tract,
provision of City services, including extension of Public Infrastructure, to the Property shall be
made subject to this Agreement and no other agreement, regulation, or law.
5.03 Permanent Zoning. City agrees that the Agricultural Tract shall be permanently
zoned simultaneously with annexation of the Property. The City cannot contractually agree to the
zoning designation the Agricultural Tract shall receive; however, the City recognizes the Owner's
rights under Chapter 245 and Section 43.002 of the Texas Local Government Code. In the event
the Agricultural Tract is rezoned to another zoning classification, or when the Residential Tract is
annexed and zoned, City rezoning and plan amendment fees shall not apply.
Page 6 of 16
ARTICLE 6
DEFAULT AND NOTICE
6.01 Notice and Opportunity to Cure. If either Party defaults in its obligations under
this Agreement, the other Party must, prior to exercising a remedy available to that Party due to
the default, give written notice to the defaulting Party, specifying the nature of the alleged default
and the manner in which it can be satisfactorily cured, and extend to the defaulting Party at least
thirty (30) calendar days from receipt of the notice to cure the default. If the nature of the default
is such that it cannot reasonably be cured within the thirty (30) calendar day period, the
commencement of the cure within the thirty (30) calendar day period and the diligent prosecution
of the cure to completion will be deemed a cure within the cure period.
6.02 Enforcement. The Parties may enforce this Agreement by any proceeding at law
or equity. Failure of either Party to enforce this Agreement shall not be deemed a waiver to enforce
the provisions of this Agreement thereafter. The Parties agree that monetary damages are not a
sufficient remedy for a default of this Agreement: As a remedy. for default, the non -defaulting party
shall be entitled to equitable relief, including specific performance of this Agreement, but not
monetary damages. In addition to the foregoing, a remedy to each Party for the other's default
hereunder shall be termination of this Agreement.
6.03 Notices. Any notice required or permitted to be delivered hereunder shall be in
writing and shall be deemed :received on the earlier of (i) actual receipt by mail, Federal Express
or other delivery service,fax email or hand delivery; or (ii) three (3) business days after being
sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to
City or the Developer, -as the case Mriay be, at the address stated below.
Any notice mailed to the City shall lie addressed:
City` of Schertz
Attn: Planning Department
1400 Schertz Parkway
Schertz, Texas 78154
with a copy to: Denton Navarro Rodriguez Bernal Santee & Zech, P.C.
Attn.: Daniel Santee
2517 North Main Avenue
Page 7 of 16
San Antonio, Texas 78212
tdsantee@rampagelaw.com
Any notice mailed to the Owner shall be addressed:
Sandra Reeh
5887 FM 482
New Braunfels, TX 78132
with a copy to: Ashley Farrimond
Killen, Griffin & Farrimond
10101 Reunion Place, .Suite 250
San Antonio, Texas 78216
ashley@kgftx.corn -`
Any Party may change the address for notice to it by, giving notice of such change in
accordance with the provisions of this paragraph.
ARTICLE 7
MISCELLANEOUS
7.01 Multi' io Originals:, The Parties may execute this Agreement in one or more
duplicate originals, each of equal dignity.
k" it 5
7.02 Entire Agreement; 'Parties in Interest. This Agreement, together with any
exhibits attached hereto, constitutes the entire, agreement between Parties with respect to its subject
matter, and may not be amended except by a writing signed by all Parties with authority to sign
and dated subsequent to the date hereof. , There are no other agreements, oral or written, except as
expressly set forth herein. No person, other than a Party, shall acquire or have any right hereunder
or by virtue hereof. This Agreement shall run with the land and be applicable to any successors
,assigns, and/or heirs of the Owner.
7.03 Recordation. A copy of this Agreement will be recorded in the Official Public
Records of Comal County by the City.
7.04 Governing Law,• Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State. This Agreement is performable in Comal County. Any legal
action or proceeding brought or maintained, directly or indirectly, as a result of this Agreement
shall be heard and determined in a court of competent jurisdiction located in Guadalupe County.
Notwithstanding the foregoing, the parties hereto agree that any dispute that may arise under this
Agreement shall first be submitted to non -binding mediation, or to alternative dispute resolution
proceedings, before litigation is filed in court.
Page 8 of 16
7.05 Termination or Amendment by Agreement. This Agreement may only be
terminated prior to the Termination Date, or its terms amended by mutual written consent of the
Parties.
7.06 No Oral or Implied Waiver. The Parties may waive any of their respective rights
or conditions contained herein or any of the obligations of the other Party hereunder, but unless
this Agreement expressly provides that a condition, right, or obligation is deemed waived, any
such waiver will be effective only if in writing and signed by the party waiving such condition,
right, or obligation. The failure of either party to insist at any time upon the strict performance of
any covenant or agreement in this Agreement or to exercise anyright, power, or remedy contained
in this Agreement will not be construed as a waiver or a relinquishment thereof for the future.
7.07 No Third -Pa -\ BeneficiaF� . This Agreement is not intended, nor will it be
construed, to create any third -party beneficiary rights in any person or entity who is not a Party,
unless expressly otherwise provided herein. +
7.08 No Personal Liabilitti . None of the members of the City Council, nor any officer,
agent, or employee of the City, shall be charged personally by the Owner with any liability, or be
held liable to the Owner under any term or provision of this Agreement, or because of execution
or attempted execution, or because of. any breach or attempted or alleged breach, of this
Agreement.
Y:
7.09 Severability. If any provision of this Agreement shall be held or deemed to be or
shall, in fact, be invalid, inoperative or unenforceableas applied in any particular case in any
jurisdiction or jurisdictions, or in all jurisdictions because it conflicts with any provision of any
Constitution, statute, rule of public policy, or any other reason, such circumstances shall not have
the effect of rendering the provision in question invalid, inoperative or unenforceable in any other
case or circumstance, or of rendering any other provision or provisions of this Agreement invalid,
inoperative .or unenforceable to any extent whatever.
7.10 Section Headings. Section headings have been inserted in this Agreement as a
matter of convenience of reference only, and it is agreed that such section headings are not a part
of this Agreement and will not be used in the interpretation of any provisions of this Agreement.
Page 9of16
Owner:
Sandra A. Reeh
By:
Date:
THE STATE OF TEXAS
s
COUNTY OF
This instrument was acknowledged before me on , 2024, by Sandra A.
Reeh.
Notary Public in and for the State of Texas
Page 10 of 16
Owner:
Rachelle Reeh Ortiz
By:
Date:
THE STATE OF TEXAS
§
COUNTY OF
This instrument was acknowledged before me on 2024, by Rachelle
Reeh Ortiz.
. x4f,;",
Notary Public in and for the State of Texas
Page 11 of 16
Owner:
Ranessa Reeh Broaddus
By:
Date:
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on , 2024, by Ranessa
Reeh Broaddus.
Notary Public in and for the State of Texas
CITY OF SCHERTZ, TEXAS
LIM
Date:
THE STATE OF TEXAS §
COUNTY OF GUADALUPE §
Mayor
This instrument was acknowledged before me on _ 2024, by
, Mayor of City of Schertz, a Texas Home Rule Municipality.
Notary Public in and for the State of Texas
Page 12 of 16
EXHIBIT A
The Property
EXHIBIT B
Agricultural Propew
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EXHIBIT £
Residential Property
EXHIBIT D
Annexation Petition
PETITION FOR ANNEXATION OF LAND INTO THE CITY OF SCHERTZ
TO THE HONORABLE CITY COUNCIL, CITY OF SCHERTZ, TEXAS:
I or we, , owner(s) of the land described below by metes and
bounds and, being contiguous and adjacent land and territory to the present corporate limits of the
City of Schertz, Texas, hereby request annexation of the described land into the City of Schertz. I
(we) understand that the request does not necessarily mean that the land will be annexed, but that
the City will consider the request based upon requests received from other landowners and an
evaluation of services to be provided.
Name:
Address:
Y.'
City/State/Zip:; x .
{INSERT LEGAL DESCRIPTIONAND/OR ATTACK PLAT & METES AND BOUNDS
DESCRIPTION)
Wherefore, petitioners,: respectfully request that the hereinabove described land be
forthwith incorporated, into and become a part of the territory of the municipal corporation of the
City of Schertz.
Respectfully Submitted, s `
[NAME OF LANDOWNER]
r.:
By: r
[NAME, TITLE]
STATE OF TEXAS
COUNTY OF
BEFORE ME, the undersigned authority, on this day personally appeared as
of petitioner who having knowledge of the facts
contained herein acknowledged to me that he executed the same for the purposes and consideration
therein expressed, on this day of 72024.
Notary Public