CITY OF ABERDEEN CITY COUNCIL MEETING AGENDA

60 N. Parke StreetAberdeen, Maryland 21001

June 17, 2019, 7:00 PM

A. CALL TO ORDER

B. ROLL CALL

C. OPENING PRAYER - Apostle Michael Keys, New Beginnings Church of Worship

D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA -Councilman Melvin T. Taylor

E. APPROVAL OF CONSENT AGENDA - None

F. APPROVAL OF MINUTES

F.1. June 3, 2019 Council Meeting

G. STATEMENT OF CLOSED MEETING - None

H. PRESENTATIONS

H.1. Proclamation in Recognition of Charles Johnson

H.2. Police Department Promotions

I. PUBLIC HEARINGS

I.1. Resolution No. 19-R-03, Siebert Farm and Adams Property Annexation [2nd meeting]Resolution No. 19-R-03, Siebert Farm and Adams Property Annexation.pdfResolution No. 19-R-02, Siebert Farm and Adams Property Approval of AnnexationAgreement.pdf 1

Resolution No. 18-R-06, Annexation Plan Siebert Farm and Adams Property.doc.pdf

I.2. Ordinance No. 19-O-10, Development Code Amendment (Appendix A Table of Use RegulationsApartments) [2nd meeting]Ordinance No. 19-O-10, Development Code Amendment (Appendix A Table of Use RegulationsApartments).pdfB-3 Undeveloped Properties.pdfUndeveloped B-3 properties in Aberdeen (1).pdf

J. PUBLIC COMMENT - Maximum of 5 minutes per person unless authorized by the Council

K. LEGISLATIVE SESSION

K.1. Resolution No. 19-R-02, Siebert Farm and Adams Property Approval of Annexation Agreement &Resolution No. 19-R-03, Siebert Farm and Adams Property Annexation (Proposed Amendmentfrom City Attorney)

K.2. Resolution No. 19-R-04, Resolution of Support for the Community Legacy Program (ForIntroduction) (Sponsor/s needed) [1st meeting]

K.3. Emergency Ordinance No. 19-O-11, Amendment of FY 2019 Budget (8) (For Introduction &Adoption) (Sponsor/s needed)

L. UNFINISHED BUSINESS - None

M. NEW BUSINESS

M.1. Board Appointments - Aberdeen Ethics Commission

N. UPDATES FROM CITY MANAGER AND STAFF

N.1. City Manager Briefing

N.2. Update on Acquisition of Mitchell Property

N.3. Bid 19-11, Chlorine Gas Conversion ProjectApprove staff recommendation to award contract.Bid 19-11, Chlorine Conversion Project

O. PUBLIC COMMENT - Maximum of 5 minutes per person unless authorized by the Council.

P. BUSINESS OF MAYOR AND COUNCIL

2

Q. ANNOUNCEMENTS

Q.1. City Hall Closed Thursday, July 4 in Observance of Independence Day;Council Meeting, Monday, July 8, 7:00 p.m., Council Chambers;Planning Commission Meeting, Wednesday, July 12, 7:00 p.m., Council Chambers;2019 MML Conference, June 23-26, Roland E. Powell Convention Ctr., Ocean City; Aberdeen Farmers Market, every Thursday through August, 4 - 7 p.m., Festival Park;There will be no Farmers Market on Thursday, July 4, Independence Day.

R. CLOSED MEETING - TBD

S. ADJOURNMENT

Under Md. Code Ann., General Provisions Article §3-305(b), all or any portion of public meetings aresubject to closure.

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COUNCIL OF THE CITY OF ABERDEEN RESOLUTION NO. 19-R-03

Date Introduced: May 6, 2019 Sponsored By: Councilman Steven E. Goodin and Councilwoman Sandra J. Landbeck Public Hearing: June 17, 2019 Amendments Adopted: Date Adopted: Date Effective:

RESOLUTION NO. 19-R-03

SIEBERT FARM AND ADAMS PROPERTY ANNEXATION

RESOLUTION OF THE CITY OF ABERDEEN TO EXTEND THE CORPORATE BOUNDARIES OF THE TOWN, SUBJECT TO CERTAIN TERMS AND CONDITIONS, AND TO DESIGNATE THE ZONING CLASSIFICATION OF THE LAND BEING ANNEXED. A Resolution of the City of Aberdeen, adopted pursuant to the authority of 1

Article XI-E of the Constitution of Maryland and Sections 4-402 and 4-404 of the Local 2

Government Article of the Annotated Code of Maryland, to enlarge the corporate 3

boundaries of the City of Aberdeen by annexing to said corporate boundaries 80 acres of 4

land, more or less, being 75 acres of land, more or less, as surveyed, contiguous to and 5

adjoining the present corporate boundaries of the City of Aberdeen, being those pieces, 6

parcels or tracts of land more particularly described hereinafter in a metes and bounds 7

description incorporated herein as Exhibit A. 8

WHEREAS, Petitioners Helen Siebert Germeroth, Novo Realty, LLC, Bosworth 9

Properties, Inc., Sage Custom Homes, LLC and Sage Gilbert LLC, the owners and 10 4

Resolution No. 19-R-03 Siebert Farm and Adams Property Annexation Page 2 of 33 contract purchasers of the properties herein described on Exhibit A, requested the City of 1

Aberdeen, by a Petition for Annexation, to consider annexation of said property to the 2

lands included within the corporate limits of the City of Aberdeen. The Petition was 3

accepted by the City. The property to be annexed, as described on Exhibit A, is 4

comprised of two unimproved parcels of land that are contiguous to and adjoin the 5

existing boundaries of the City of Aberdeen, and contains a total of 80 acres of land, 6

more or less, being 75 acres of land, more or less, as surveyed; and 7

WHEREAS, as required by Section 4-404 of the Local Government Article of 8

the Annotated Code of Maryland, the consent for the proposal has been received from the 9

owners of not less than 25 percent of the assessed valuation of the real property located in 10

the area to be annexed; and 11

WHEREAS, the consents have been verified by the Mayor of the City of 12

Aberdeen and meet the requirements of the law; and 13

WHEREAS, there are no persons who reside in the area to be annexed and who 14

are registered voters in Harford County elections, and from whom consents to the 15

annexation would be required. 16

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of 17

the City of Aberdeen, that the corporate boundaries of the City of Aberdeen be and the 18

same are hereby enlarged by adding or annexing thereto the areas contiguous to and 19

adjoining the present City corporate boundaries the land as particularly described in the 20

metes and bounds survey property description prepared by Morris & Ritchie Associates, 21

Inc., and dated August 20, 2018, accompanying this Resolution as Exhibit A and 22

incorporated by reference as a part hereof. 23 5

Resolution No. 19-R-03 Siebert Farm and Adams Property Annexation Page 3 of 33

AND BE IT FURTHER RESOLVED that the conditions and circumstances 1

applicable to the change in the said corporate boundaries and to the residents and the 2

property in the area so annexed are as follows: 3

(a) That after the effective date of the amendment to the boundaries of the City of 4

Aberdeen provided for by this Resolution, the property annexed into the City of 5

Aberdeen by this Resolution, and all owners of such property and all persons residing 6

within the areas annexed, shall be subject to the Charter, Code, laws, ordinances and 7

resolutions of the City of Aberdeen, and an Annexation Agreement entered into between 8

the City of Aberdeen and Petitioners Helen Siebert Germeroth, Novo Realty, LLC, 9

Bosworth Properties, Inc., Sage Custom Homes, LLC and Sage Gilbert LLC, a copy of 10

the form of which is attached to this Resolution as Exhibit B and incorporated by 11

reference. 12

(b) That the designation of the zoning classification of the land lying within the 13

area herein described and hereby annexed shall be Integrated Business District (IBD) as 14

described in the Code of the City of Aberdeen from the effective date of the annexation 15

until such zoning is changed as provided by law, and the Town’s Comprehensive Zoning 16

Maps shall be amended to reflect the annexation of such property and its zoning as 17

provided by this Resolution, and the land so annexed shall be subject to all provisions and 18

conditions of said Code of the City of Aberdeen, including but not limited to those which 19

are applicable to the Integrated Business District (IBD). 20

AND BE IT FUTHER RESOLVED, that this Resolution shall become effective 21

at the end of forty-five (45) days following its final enactment provided that no Petition 22

for Referendum hereon shall have been filed as permitted by law. 23 6

Resolution No. 19-R-03 Siebert Farm and Adams Property Annexation Page 4 of 33

COUNCIL OF THE CITY OF ABERDEEN

______________________________________ Patrick L. McGrady, Mayor ______________________________________ Steven E. Goodin, Councilman ______________________________________ Sandra J. Landbeck, Councilwoman ______________________________________ Timothy W. Lindecamp, Councilman ______________________________________ Melvin T. Taylor, Councilman ATTEST: SEAL: _____________________________ Monica A. Correll, City Clerk Date _________________________

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Resolution No. 19-R-03 Siebert Farm and Adams Property Annexation Page 5 of 33

EXHIBIT A

METES & BOUNDS DESCRIPTION

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Resolution No. 19-R-03 Siebert Farm and Adams Property Annexation Page 6 of 33

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Resolution No. 19-R-03 Siebert Farm and Adams Property Annexation Page 7 of 33

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Resolution No. 19-R-03 Siebert Farm and Adams Property Annexation Page 8 of 33

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Resolution No. 19-R-03 Siebert Farm and Adams Property Annexation Page 9 of 33

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Resolution No. 19-R-03 Siebert Farm and Adams Property Annexation Page 10 of 33

EXHIBIT B

FORM OF ANNEXATION AGREEMENT

ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT (hereinafter referred to as “this 1

Agreement”), entered into this ______ day of _____________________, 2019, by and 2

among the CITY OF ABERDEEN (hereinafter referred to as the “City”), a municipal 3

corporation of the State of Maryland, and Party of the First Part; and HELEN SIEBERT 4

GERMEROTH, NOVO REALTY, LLC, BOSWORTH PROPERTIES, INC., SAGE 5

CUSTOM HOMES, LLC and SAGE GILBERT, LLC, Parties of the Second Part. 6

WHEREAS, an annexation resolution (the “Resolution”) will be introduced by 7

the City amending the Charter of the City by extending the corporate boundaries of the 8

City to include therein certain property described in the Resolution, containing a 9

combined total of 80.32 acres, plus or minus, and further setting forth specific conditions 10

relating to the annexation, including but not limited to, the execution of this Agreement. 11

WHEREAS, the City and the Petitioners intend to enter into this Annexation 12

Agreement to establish certain terms, circumstances and conditions which will be 13

applicable to the properties annexed and to satisfy the conditions set forth in the 14

Resolution. It is intended by the parties that the provisions of this Agreement are in 15

addition to any other terms and conditions that may be set forth in a Resolution and any 16

other of the City ordinances, subdivision regulations, and other rules and regulations that 17

may be applicable to the development and use of the property referred to in the 18

Resolution. 19

13

Resolution No. 19-R-03 Siebert Farm and Adams Property Annexation Page 11 of 33 NOW THEREFORE, that for and in consideration of the mutual promises and 1

covenants hereinafter set forth, and other good and valuable consideration, the receipt of 2

which is hereby acknowledged, the parties agree as follows: 3

1. Definitions. 4

Agreement. This Annexation Agreement. 5

Annexation Property. All of the real property described in the Resolution. 6

APFO. Adequate Public Facilities Ordinance. 7

City. The City of Aberdeen. 8

Developers. Bosworth Properties, Inc., Sage Custom Homes, LLC and 9

Sage Gilbert, LLC, or their successors and assigns. 10

Development Parcels. The parcels of real property listed below that were 11

included in the Resolution: 12

• Helen Siebert Germeroth is the owner of the following land that is 13

included within the Annexation Property: 14

- That tract or parcel of land designated on Harford County Tax Map 51 15

as Parcel 99, consisting of 41.390 acres, more or less (Development Parcel 1). 16

• Novo Realty, LLC is the owner of the following lands that are included 17

within the Annexation Property: 18

- That tract or parcel of land designated on Harford County Tax Map 51 19

as Parcel 250, consisting of 38.93 acres, more or less (Development Parcel 2). 20

A site plan entitled “Plat to Accompany Description, Land to be Annexed by City of 21

Aberdeen” showing the location of the parcels is attached as Exhibit A, and made a part 22

of this definition. 23 14

Resolution No. 19-R-03 Siebert Farm and Adams Property Annexation Page 12 of 33 Petition. Petition for Annexation filed by the Petitioners with the City and 1

thereafter accepted by the City in accordance with the provisions of Section 4-404 of the 2

Local Government Article of the Annotated Code of Maryland and Section 235-15 of the 3

City Development Code. 4

Petitioners. Helen Siebert Germeroth, Novo Realty, LLC, Bosworth 5

Properties, Inc., Sage Custom Homes, LLC and Sage Gilbert, LLC, and their respective 6

heirs, personal representatives, successors and assigns. 7

Planning Department. City Department of Planning and Community 8

Development. 9

Property Owners (“Owners”). Helen Siebert Germeroth and Novo Realty, 10

LLC. 11

Resolution. An Annexation Resolution introduced by the Mayor and City 12

Council of Aberdeen, amending the Charter of the City extending the corporate 13

boundaries of the City by including therein the Annexation Property and setting forth 14

specific conditions relating to the annexation. 15

2. General Provisions: 16

a. Recitals. The recitals contained herein are incorporated in this 17

Agreement as operative provisions of this Agreement. 18

b. Conditions of Annexation. The terms, covenants, conditions and 19

effectiveness of this Agreement except for Paragraph 11 (Payment of Annexation 20

Expenses), all as hereinafter set forth, are contingent upon the enactment of the 21

Resolution by the City Council annexing the Annexation Property and zoning the 22

Annexation Property as IBD, Integrated Business District, and the taking effect of such 23 15

Resolution No. 19-R-03 Siebert Farm and Adams Property Annexation Page 13 of 33 Resolution. The provisions of Paragraph 11 are effective upon the execution of this 1

Agreement by the City and Petitioners and remain in effect regardless of whether the 2

annexation becomes effective. 3

3. Permissible Uses of Annexation Property. From and after the effective 4

date of the annexation, the Annexation Property shall be developed and improved only 5

for the principal permitted uses allowed in the IBD Zoning District. The parties 6

acknowledge that without express approval from the Harford County Council, (the 7

“Express Approval”) § 4-416 of the Local Government Article of the Maryland Code 8

precludes, for five years after annexation, development of the Development Parcels for 9

land uses substantially different than the authorized use, or at a substantially higher 10

density, not exceeding 50%, than could be granted for the proposed development in 11

accordance with Harford County’s AG (Agricultural) zoning classification in effect at the 12

time of annexation. It is the mutual expectation of the parties that the County Council 13

will grant such approval, but the failure of the Harford County Council to grant such 14

approval shall not affect the effectiveness or validity of this Agreement. The Petitioners 15

shall be responsible for requesting express approval from the Harford County Council 16

and providing the official response from the County Council to the City. The City shall 17

join in the Express Approval as needed by Petitioners. 18

4. Development Requirements Binding On Owners and Developers of all 19

Development Parcels. 20

a. Design, Development, Use and Restrictions. The Design, 21

Development, Use and Restrictions of the Development Parcels shall be governed by 22

§235-18.K., Integrated Business District, of the City Development Code as amended 23 16

Resolution No. 19-R-03 Siebert Farm and Adams Property Annexation Page 14 of 33 from time to time, and other applicable City, Harford County and State development 1

laws, regulations, processes and procedures in effect from time to time, including the 2

City’s Adequate Public Facilities Ordinance. 3

b. The Resolution and this Agreement do not, without further 4

procedures as prescribed by law, permit, grant or allow any building, excavation or 5

construction on the Development Parcels. 6

5. Water System. 7

a. Water distribution mains do not currently exist at either of the 8

Development Parcels. The City shall provide access to water service for the Development 9

Parcels subject to the water capacity of the City meeting or exceeding applicable Code 10

and regulatory requirements and a public works agreement is executed by the City and 11

the respective Developers of the Development Parcels. The annexation of the 12

Development Parcels shall entitle the Owners and Developers to City water service if the 13

water capacity meets or exceeds applicable Code and regulatory requirements, including 14

APFO, and if Harford County amends its Master Water and Sewer Plan to authorize the 15

City to provide municipal water service to the Development Parcels. Promptly after the 16

effective date of the annexation, the City will apply to Harford County for such an 17

amendment to the Master Water and Sewer Plan. Public water service shall be provided 18

with the above conditions being met. 19

b. To the extent required by or to serve the Development Parcels, the 20

Developers of the Development Parcels shall be responsible for all costs for the 21

construction of new or the extension of existing water laterals and mains; for the costs of 22

the acquisition of the required rights-of-way, connection charges and construction 23 17

Resolution No. 19-R-03 Siebert Farm and Adams Property Annexation Page 15 of 33 inspection fees associated with such service; and for the cost of any other improvements 1

they may elect to make to improve the existing water system in order to meet all 2

requirements of the APFO. However, if Developers elect not to make water system 3

improvements necessary to satisfy APFO requirements for development of the 4

Development Parcels, Developers may not develop the Development Parcels, and may 5

not require City to issue permits and approvals for development on the Development 6

Parcels, until APFO requirements are satisfied. The manner in which Owners and 7

Developers determine among each other to allocate or pay for any or all of these costs is 8

their responsibility and not that of the City. 9

c. Any improvements to the City’s water system shall be designed 10

and constructed to ensure sufficient water pressure to protect the health, safety and 11

welfare of City residents and to promote the efficiency of the future water service. 12

d. All water system improvements shall be constructed in accordance 13

with the City’s Standard Specifications and Construction Details and other relevant 14

statutory and regulatory provisions, including the APFO. 15

e. Upon satisfactory completion of construction and final inspection 16

of water system improvements, Owners and Developers shall dedicate and convey the 17

improvements to the City free and clear of liens and encumbrances. 18

6. Sewer System 19

a. Sewer mains do not currently exist at either of the Development 20

Parcels. The City shall provide access to sewer service for the Development Parcels 21

subject to sewer capacity of the City meeting or exceeding applicable Code and 22

regulatory requirements and a public works agreement is executed by the City and the 23 18

Resolution No. 19-R-03 Siebert Farm and Adams Property Annexation Page 16 of 33 respective Developers of the Development Parcels. The annexation of the Development 1

Parcels shall entitle the Owners and Developers to City sewer service if the sewer 2

capacity meets or exceeds applicable Code and regulatory requirements, including APFO, 3

and if Harford County amends its Master Water and Sewer Plan to authorize the City to 4

provide municipal sewer service to the Development Parcels. Promptly after the 5

effective date of the annexation, the City will apply to Harford County for such an 6

amendment to the Master Water and Sewer Plan. Public sewer service shall be provided 7

with the above conditions being met. 8

b. To the extent required by or to serve the Development Parcels, the 9

Developers shall be responsible for all costs for the construction of new or the extension 10

of existing sewer mains and laterals; for improvement or upgrades to existing pump 11

stations; for other sewer improvements required to serve the Development Parcels; for 12

the cost of the acquisition of the required rights-of-way; for the payments of connection 13

charges, and construction inspection fees; and for the cost of any other improvements 14

they may elect to make to improve the existing sewer system in order to meet all 15

requirements of the APFO. However, if Developers elect not to make sewer system 16

improvements necessary to satisfy APFO requirements for development of the 17

Development Parcels, Developers may not develop the Development Parcels, and may 18

not require City to issue permits and approvals for development on the Development 19

Parcels, until APFO requirements are satisfied. The manner in which the Owners and 20

Developers determine among each other to allocate or pay for these costs is their 21

responsibility and not that of the City. 22

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Resolution No. 19-R-03 Siebert Farm and Adams Property Annexation Page 17 of 33

c. All sewer system improvements shall be constructed in accordance 1

with the City’s Standard Specifications and Construction Details and other relevant 2

statutory and regulatory provisions, including the APFO. 3

d. Upon satisfactory completion of construction and final inspection 4

of sewer system improvements, Owners and Developers shall dedicate and convey the 5

improvements to the City free and clear of liens and encumbrances. 6

7. Traffic Signals, Transportation Studies, Road Improvements and 7

Stormwater Management 8

a. The Developers of each of the Development Parcels shall be 9

responsible for all costs associated with traffic signals and signs resulting from the 10

development of their property. The signals and signs shall be designed and constructed 11

in accordance with the Manual on Uniform Traffic Control Devices. 12

b. Prior to the City issuing any development approvals, the Owners 13

and Developers, at their expense, shall provide the City with a Traffic Impact Analysis 14

for the proposed development of the Development Parcels, subject to the City’s approval 15

of the scope of the Analysis and of the traffic consultant performing the Analysis, such 16

approval not to be unreasonably withheld. The Traffic Impact Analysis will be reviewed 17

by the City of Aberdeen and the Harford County Departments of Public Works and 18

Planning and Zoning. Based on their collective reviews and requirements, Developers of 19

each of the Development Parcels shall construct, at their expense, all on-site and off-site 20

road improvements within the time required reasonably by the City’s development 21

process. 22

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Resolution No. 19-R-03 Siebert Farm and Adams Property Annexation Page 18 of 33 c. The Developers of each of the Development Parcels shall be 1

required to pay all costs associated with the construction, reconstruction, upgrading, or 2

widening to existing roadways, of all internal roadways, bridges, curb and gutters, storm 3

drain systems and stormwater management facilities, acquisition of all required road 4

rights-of-ways, reimbursement to the City for all costs and attorney’s fees associated with 5

condemnation to acquire road rights-of-way, if deemed reasonably necessary by the City, 6

and other related required roadway expenses resulting from the development of the 7

Development Parcels. Each of the foregoing improvements located in the City, other 8

than stormwater management facilities, shall be owned and maintained by the City, and, 9

upon completion of construction and satisfactory final inspection of each improvement, 10

and prior to the release of any maintenance bonds for such improvement, shall be 11

conveyed by the Owners and Developers to the City in fee simple free and clear of liens 12

and encumbrances. Stormwater management facilities shall be owned and maintained by 13

the Owners of the Development Parcels or portion thereof upon which the stormwater 14

management facilities are located. Promptly after a homeowners association is 15

established for the Development Parcels or portions thereof, the Owners of such property 16

shall dedicate and convey such stormwater management facilities, in fee simple, to a 17

homeowners association established for the Development Parcels or portions thereof in 18

which the stormwater management facilities are located. 19

d. If Gilbert Road is annexed into the City’s corporate limits and 20

conveyed by Harford County to the City, Developers shall be responsible for treating 21

100% of stormwater flowing from any Gilbert Road improvements by Developers. After 22

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Resolution No. 19-R-03 Siebert Farm and Adams Property Annexation Page 19 of 33 Gilbert Road stormwater facilities are constructed and approved, they shall be conveyed 1

to the City for ownership in fee simple, free and clear of liens and encumbrances. 2

e. All infrastructure improvements shall be constructed in accordance 3

with the City’s Standard Specifications and Construction Details and other relevant 4

statutory and regulatory provisions, including the APFO. 5

f. The Developers shall, prior to the issuance of any building permits, 6

enter into a Public Works Agreement with the City, and for all County-owned roads enter 7

into a separate Public Works Agreement with the Harford County Department of Public 8

Works for County road improvements and required bonding. The Owner of each 9

Development Parcel shall join in the Public Works Agreement for that Parcel to consent 10

to its terms and to bind that Parcel. 11

8. Sidewalk Improvements, Vehicular and Pedestrian Connections. 12

a. The Sidewalk Improvements, Vehicular and Pedestrian 13

Connections for the Development Parcels shall be governed by §235-18 K., Integrated 14

Business District, of the City Development Code, as amended from time to time. 15

b. During the development phase of each Development Parcel, every 16

effort shall be made to provide both vehicular and pedestrian connections to the adjoining 17

residential neighborhoods. 18

9. Recreation. 19

a. During the development of the Development Parcels, the City’s 20

Department of Planning and Community Development and Planning Commission shall 21

determine the specific types of recreational facilities and locations for such facilities, 22

relative to the specific development of each parcel of the Development Parcels, as may be 23 22

Resolution No. 19-R-03 Siebert Farm and Adams Property Annexation Page 20 of 33 required by the City’s Development Code. The Developers of each Development Parcel 1

agree to install and maintain, at their expense, such recreation facilities as the City may 2

determine. 3

b. Developers may use open space to serve recreational purposes and 4

preserve significant site features. Open space intended to serve recreational purposes 5

must be appropriate to the scale and character of the residential development, considering 6

its size, density, anticipated population, and number and type of dwelling units proposed, 7

as per the City’s Development Code. 8

10. Payment for Facilities, Equipment and Additional Work Force 9

Necessitated by Development of the Development Parcels. 10

a. Developers understand and acknowledge that the annexation and 11

development of the Development Parcels will result in a need for additional City 12

facilities, equipment and work force to address the impacts of residential growth from the 13

annexed Development Parcels. Therefore, Developers agree to pay to the City 14

$233,000.00 (Hereinafter “Total Developer Contribution”) as set forth in subparagraph b. 15

to offset the City’s costs. 16

b. The Total Developer Contribution shall be paid on pro-rated basis 17

determined by the quotient of The Total Developer Contribution being the numerator and 18

the number of lots approved on the final subdivision plat or plats for that Development 19

Parcel being the denominator. (This quotient hereinafter called “Developer Lot 20

Contribution”) By way of example The Total Developer Contribution of $233,000.00 21

divided by 170 approved platted lots would result in a Developer Lot Contribution of 22

$1,371.00 per lot. This amount for each platted lot shall be paid in full prior to the 23 23

Resolution No. 19-R-03 Siebert Farm and Adams Property Annexation Page 21 of 33 issuance of a residential building permit for that lot. The City shall not issue a building 1

permit for a lot until the amount for that lot has been paid in full. The total amount 2

payable for a Development Parcel is a lien on that Parcel until paid in full. 3

11. Payment Costs and Expenses of Annexation – Processing and 4

Reviewing. 5

a. The Petitioners shall pay to the City all reasonable and actual costs 6

and expenses of the City associated with the annexation of the Annexation Property, 7

exclusive of costs of internal City staff time, up to a maximum of Thirty Thousand Three 8

Hundred and Sixty-Four Dollars and Thirteen Cents ($30,364.13). These costs and 9

expenses include, but are not limited to, attorney fees and expenses, publication costs, 10

recording fees, and costs and expenses associated with any referendum election if 11

required to be conducted on the annexation. 12

b. Before the Mayor and City Council takes any action on a 13

Resolution to annex the Annexation Property, Petitioners shall pay to the City all costs 14

and expenses incurred by the City in connection with the annexation proceeding, and 15

those additional costs and expenses reasonably estimated by the City to be incurred in the 16

future, including any referendum on the annexation. Within thirty (30) days after the 17

conclusion of all annexation proceedings, the City shall refund to Petitioners’ designees 18

any monies paid in excess of the City’s actual costs and expenses associated with the 19

annexation proceeding, including any referendum. Petitioners shall pay to the City, 20

within 30 days after demand by the City, any difference between monies previously paid 21

by Petitioners and the City’s actual costs and expenses associated with the annexation 22

proceeding and any referendum. 23 24

Resolution No. 19-R-03 Siebert Farm and Adams Property Annexation Page 22 of 33 12. Notices. Any notice required to be given pursuant to this Agreement shall 1

be given in writing by postage prepaid certified mail, return receipt requested, to 2

addresses of the parties hereto as set forth on Exhibit B, which is attached hereto and 3

made a part hereof. 4

13. Binding Effect. The obligations and responsibilities expressed in this 5

Agreement shall be binding upon, as applicable, Owners and Developers, their respective 6

heirs, personal representatives, successors and assigns, but shall not be construed as 7

personal obligations or covenants of consumers who purchase lots for residential 8

occupancy after the lots are improved with dwellings by Owners, Developers or their 9

assigns. 10

14. Agreement Constituting Covenants Running with the Land. The 11

Petitioners hereby agree that, from and after the date of this Agreement, and subject to 12

the satisfaction of the condition precedent specified in Paragraph 2.b. above, the 13

Development Parcels shall be held, conveyed, encumbered, sold, leased, rented, used, 14

occupied and improved subject to such covenants, conditions, restrictions, use 15

limitations, easements, obligations and equitable servitudes as are set forth in this 16

Agreement, all of which covenants, conditions, restrictions, use limitations, easements, 17

obligations, and equitable servitudes shall be deemed to run with and bind to the land and 18

be and shall be binding and enforceable upon all subsequent owners, their heirs, personal 19

representatives, successors, and assigns, but shall not be construed as personal obligations 20

or covenants of consumers who purchase lots for residential occupancy after the lots are 21

improved with dwellings by Owners, Developers or their assigns; and shall be for the 22

benefit of the City, its successors and assigns, and enforceable by it at law or in equity. 23 25

Resolution No. 19-R-03 Siebert Farm and Adams Property Annexation Page 23 of 33 15. Scope of Agreement/Binding Effect. All of the promises, stipulations, 1

obligations, covenants, terms, conditions, restrictions, use limitations, equitable 2

servitudes, easements and agreements herein contained shall inure to the benefit of and 3

shall apply to, bind, and be obligatory upon the parties hereto and the heirs, personal 4

representatives, successors and assigns of each whether so expressed or not, but shall not 5

be construed as personal obligations or covenants of consumers who purchase lots for 6

residential occupancy after the lots are improved with dwellings by Owners, Developers 7

or their assigns. 8

16. Enforcement. If any covenant, condition, restriction, provision, obligation 9

or term of the Agreement which is the responsibility of any one or more of the Owners or 10

Developers of the Development Parcels to fulfill is not satisfied within the time specified 11

in this Agreement, the City may refuse to accept or process applications for, and issue or 12

grant, any further building permits, use and occupancy permits, subdivision approvals or 13

grading permit and sediment control approvals required for any development or 14

construction on any of the Development Parcels, and Owners and Developers waive their 15

rights to compel or require the City to accept, process, issue or grant any such 16

applications, permits or approvals, until the particular covenant, condition, restriction, 17

provision, obligation or term of this Agreement has been satisfied. 18

17. Governing Law. This Agreement is being executed and delivered, 19

and is intended to be performed, in the State of Maryland, and shall be interpreted, 20

construed and enforced in accordance with the laws of such State without regard to those 21

principles governing conflicts or choice of laws. 22

26

Resolution No. 19-R-03 Siebert Farm and Adams Property Annexation Page 24 of 33 18. Applicability of City Laws. After the annexation of the Annexation 1

Property becomes effective, the Annexation Property and any and all persons who 2

hereafter may reside on the Annexation Property, shall be subject to the Charter and all 3

laws, rules and regulations of the City, and shall be subject to taxation by the City, as all 4

generally are applicable to property and residents of the City, subject to the terms and 5

conditions of this Agreement. 6

19. Gender Based Terminology. In construing this Agreement, feminine, 7

gender neutral or plural nouns and pronouns shall be substituted for those masculine or 8

singular in form, and vice versa, in any place in which the context so requires. 9

20. Agreement Prepared by all Parties. This Agreement has been prepared 10

by all parties hereto, and the language used in this Agreement shall not be construed in 11

favor of or against any particular party or parties. 12

21. Entire Understanding. This Agreement contains the entire understanding 13

of the parties and there are no representations, warranties, or undertakings other than 14

those expressly set forth herein. 15

22. Changes to or Rescission of Agreement. 16

a. This Agreement shall be modified, amended, supplemented or 17

rescinded only in the manner set forth in this Paragraph 22, unless other requirements are 18

expressly provided by law. 19

b. A modification, amendment, supplementation or rescission of this 20

Agreement shall be effective only if it is made in writing, is executed with the same 21

formality as this Agreement, states the date of the public hearing referred to in 22

subparagraph 22.c., and is recorded among the Land Records of Harford County, 23 27

Resolution No. 19-R-03 Siebert Farm and Adams Property Annexation Page 25 of 33 Maryland. 1

c. A modification, amendment, supplementation or rescission of this 2

Agreement shall not be effective unless approved by the Mayor and City Council of 3

Aberdeen after a public hearing first has been held before the Mayor and City Council, 4

notice of which public hearing has been given by publication at least once a week for two 5

successive weeks in a newspaper of general circulation in the City, the last such 6

publication being not less than five nor more than ten days before the public hearing. 7

The notice shall include the date, time, place and purpose of the public hearing, sufficient 8

to advise the public of the nature of the proposed modification, amendment, 9

supplementation or rescission. 10

d. A party to this Agreement shall not be required to join in any 11

modification, amendment or supplementation of this Agreement unless that party’s 12

interest will be affected by the modification, amendment, supplementation or rescission. 13

23. Severability. If any provision of this Agreement is held to be invalid or 14

unenforceable, all other provisions hereof shall nevertheless continue in full force and 15

effect. 16

24. Time of Essence. Time is of the essence in this Agreement and of the 17

performance of all obligations under this Agreement. 18

25. Attorney’s Fees upon Breach. If any of the Owners or Developers, or 19

their respective heirs, personal representatives, successors or assigns, breach any part of 20

this Agreement, the breaching party, shall pay all reasonable attorney’s fees, court costs, 21

cost of suit, and expenses incurred by the City in enforcing the provisions of this 22

Agreement with respect to said breach or in obtaining damages therefore. If the City, 23 28

Resolution No. 19-R-03 Siebert Farm and Adams Property Annexation Page 26 of 33 breaches any part of this Agreement, the City shall pay all reasonable attorney’s fees, 1

court costs, cost of suit, and expenses incurred by the Owners and Developers in 2

enforcing the provisions of this Agreement with respect to said breach or in obtaining 3

damages therefore. 4

26. Effect of Waiver on Breach. The waiver by any party hereto of a breach 5

of any provision of this Agreement shall not operate or be construed as a waiver of such 6

breach by any other party, as an amendment of this Agreement, or as a waiver of any 7

subsequent breach of the same or any other provisions of this Agreement by such waiving 8

party or by any other party hereto. 9

27. Duplicate Counterparts. This Agreement may be executed by the various 10

parties on several separate counterparts hereof, all of which shall together be valid and 11

fully binding upon the parties hereto notwithstanding the fact that the undersigned parties 12

may not have signed the same counterpart. 13

28. Noncontestibility of Agreement. The parties agree not to challenge or 14

contest, and waive any right to challenge or contest, in any legal or equitable proceeding, 15

in any forum whatsoever, the validity, legality or enforceability of this Agreement or any 16

or all of its provisions, terms or conditions. 17

29. Recordation of Agreement. Upon enactment of the Resolution, the City 18

shall record this Agreement, at the expense of Owners and Developers, among the Land 19

Records of Harford County, Maryland. 20

[SIGNATURES AND NOTARIAL CERTIFICATES 21

TO ANNEXATION AGREEMENT ON FOLLOWING PAGES] 22

23 29

Resolution No. 19-R-03 Siebert Farm and Adams Property Annexation Page 27 of 33 IN WITNESS WHEREOF, and as of the day and year first hereinabove written, 1

the parties hereto have affixed below their respective signatures and seals to multiple 2

counterparts of this Agreement, any of which shall be deemed to be an original. 3

CITY OF ABERDEEN 4 5 6

_____________________________(SEAL) 7 Patrick L. McGrady, Mayor 8

9 ATTEST: 10 11 ___________________________________ 12 Monica A. Correll, City Clerk 13 14 15 Date: ______________________________ 16 17 18 STATE OF MARYLAND, HARFORD COUNTY, to wit: 19 20 I, the undersigned, a Notary Public in and for the State and County aforesaid, do 21 hereby certify that on this ____ day of __________________, 2019, appeared PATRICK 22 L. MCGRADY, MAYOR OF THE CITY OF ABERDEEN, known to me or 23 satisfactorily proven to me to be the person whose name is subscribed to the within 24 Annexation Agreement, and said person acknowledged that, being authorized to do so, he 25 executed the within Annexation Agreement as Mayor on behalf of the City of Aberdeen 26 for the purposes therein contained. 27 28 AS WITNESS my hand and Notarial Seal. 29 30 31 _________________________________ 32 Notary Public 33 My Commission Expires: 34 35

36

30

Resolution No. 19-R-03 Siebert Farm and Adams Property Annexation Page 28 of 33 ATTEST: BOSWORTH PROPERTIES, INC. 1 (Contract Purchaser of Parcel A) 2 3 4 By: (SEAL) 5 Peter Bosworth, President 6 7 8 SAGE CUSTOM HOMES, LLC 9 (Contract Purchaser) 10 11 12 By: (SEAL) 13 Gil Horwitz, Sole Member 14 15 16 SAGE GILBERT, LLC 17 (Assignee of Contracts for Parcels A & B) 18 19 20 By: (SEAL) 21 Gil Horwitz, Sole Member 22 23 24 NOVO REALTY, LLC 25 26 27 ______________________________ By: (SEAL) 28 29 30 WITNESS: 31 32 33 ______________________________ ____________________________(SEAL) 34 Helen Siebert Germeroth 35 36 37 38 STATE OF MARYLAND, ______________________ COUNTY, to wit: 39 40 I, the undersigned, a Notary Public in and for the State and County aforesaid, do 41 hereby certify that on this ____ day of __________________, 2019, appeared PETER 42 BOSWORTH, President of Bosworth Properties, Inc., known to me or satisfactorily 43 proven to me to be the person whose name is subscribed to the within Annexation 44 Agreement, and said person acknowledged that, being authorized to do so, he executed 45

31

Resolution No. 19-R-03 Siebert Farm and Adams Property Annexation Page 29 of 33 the within Annexation Agreement on behalf Bosworth Properties, Inc., for the purposes 1 therein contained. 2 3 AS WITNESS my hand and Notarial Seal. 4 5 6 _________________________________ 7 Notary Public 8 My Commission Expires: 9 10 11 STATE OF MARYLAND, ______________________ COUNTY, to wit: 12 13 I, the undersigned, a Notary Public in and for the State and County aforesaid, do 14 hereby certify that on this ____ day of __________________, 2019, appeared GIL 15 HORWITZ, Sole Member of Sage Custom Homes, LLC, and Sage Gilbert, LLC, known 16 to me or satisfactorily proven to me to be the person whose name is subscribed to the 17 within Annexation Agreement, and said person acknowledged that, being authorized to 18 do so, he executed the within Annexation Agreement on behalf of Sage Custom Homes, 19 LLC, and Sage Gilbert, LLC, for the purposes therein contained. 20 21 AS WITNESS my hand and Notarial Seal. 22 23 24 _________________________________ 25 Notary Public 26 My Commission Expires: 27 28 29 STATE OF MARYLAND, ______________________ COUNTY, to wit: 30 31 I, the undersigned, a Notary Public in and for the State and County aforesaid, do 32 hereby certify that on this ____ day of __________________, 2019, appeared 33 _______________________, ________________________ of Novo Realty, LLC, 34 known to me or satisfactorily proven to me to be the person whose name is subscribed to 35 the within Annexation Agreement, and said person acknowledged that, being authorized 36 to do so, he executed the within Annexation Agreement on behalf of Novo Realty, LLC, 37 for the purposes therein contained. 38 39 AS WITNESS my hand and Notarial Seal. 40 41 42 _________________________________ 43 Notary Public 44 My Commission Expires: 45

32

Resolution No. 19-R-03 Siebert Farm and Adams Property Annexation Page 30 of 33 1 2 STATE OF MARYLAND, ______________________ COUNTY, to wit: 3 4 I, the undersigned, a Notary Public in and for the State and County aforesaid, do 5 hereby certify that on this ____ day of __________________, 2019, appeared HELEN 6 SIEBERT GERMEROTH, known to me or satisfactorily proven to me to be the person 7 whose name is subscribed to the within Annexation Agreement, and said person 8 acknowledged that she executed the within Annexation Agreement for the purposes 9 therein contained. 10 11 AS WITNESS my hand and Notarial Seal. 12 13 14 _________________________________ 15 Notary Public 16 My Commission Expires: 17

18

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Resolution No. 19-R-03 Siebert Farm and Adams Property Annexation Page 31 of 33

EXHIBIT A 1 2

Site Plan Entitled “Plat to Accompany Description, 3 Land to be Annexed by City of Aberdeen” 4

5

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Resolution No. 19-R-03 Siebert Farm and Adams Property Annexation Page 32 of 33

EXHIBIT B 1

NOTICES 2

(postage prepaid certified mail, return receipt requested) 3

NOTICE TO CITY: 4 5 Phyllis G. Grover 6 Director of Planning and Community 7 Development 8 City of Aberdeen 9 60 N. Parke Street 10 Aberdeen, MD 21001 11 12 With copy to: 13 14 Frederick C. Sussman, Esquire 15 Council Baradel 16 125 West Street, Fourth Floor 17 Annapolis, MD 21401 18 19 NOTICE TO DEVELOPERS: 20 21 Peter Bosworth 22 Bosworth Properties, Inc. 23 801 St. Georges Road 24 Baltimore, MD 21210-1408 25 26 Gil Horwitz 27 Sage Custom Homes, LLC 28 6807 Park Heights Avenue 29 Suite 100 30 Baltimore, MD 21215 31 32 Gil Horwitz 33 Sage Gilbert, LLC 34 6807 Park Heights Avenue 35 Suite 100 36 Baltimore, MD 21215 37 38

39

35

Resolution No. 19-R-03 Siebert Farm and Adams Property Annexation Page 33 of 33 With Copy to: 1 2 Joseph F. Snee, Jr., Esquire 3 Snee, Lutche, Helmlinger 4 & Spielberger, P.A. 5 112 South Main Street 6 Bel Air, MD 21014 7 8 NOTICE TO OWNERS: 9 10 Helen Siebert Germeroth 11 1719 Gatehouse Court 12 Bel Air, Maryland 21014 13 14 NOVO Realty, LLC 15 c/o Cecil Bank 16 127 North Street 17 Elkton, Maryland 21922 18

36

COUNCIL OF THE CITY OF ABERDEEN RESOLUTION NO. 19-R-02

Date Introduced: May 6, 2019 Sponsored By: Councilman Steven E. Goodin and Councilwoman Sandra J. Landbeck Public Hearing: June 17, 2019 Amendments Adopted: Date Adopted: Date Effective:

RESOLUTION NO. 19-R-02

SIEBERT FARM AND ADAMS PROPERTY

APPROVAL OF ANNEXATION AGREEMENT

WHEREAS, Petitioners Helen Siebert Germeroth, Novo Realty, LLC, Bosworth 1

Properties, Inc., Sage Custom Homes, LLC and Sage Gilbert LLC, the owners and 2

contract purchasers of the properties herein described on Exhibit A, requested the City of 3

Aberdeen, by a Petition for Annexation, to consider annexation of the property described 4

on Exhibit A to the lands included within the corporate limits of the City of Aberdeen. 5

The Petition was accepted by the City. The property to be annexed, as described on 6

Exhibit A, is comprised of two unimproved parcels of land that are contiguous to and 7

adjoin the existing boundaries of the City of Aberdeen, and contains a total of 80 acres of 8

land, more or less, being 75 acres of land, more or less, as surveyed; and 9

WHEREAS, the Mayor and Council of the City of Aberdeen and the Petitioners 10

desire to enter into an Annexation Agreement to set forth terms and conditions under 11

which the City will annex the subject property into the City. 12 37

Resolution No. 19-R-02 Siebert Farm and Adams Property Annexation Agreement Page 2 of 32

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 1

COUNCIL OF THE CITY OF ABERDEEN, that it hereby approves the Annexation 2

Agreement as embodied in the form of Annexation Agreement attached to this Resolution 3

as Exhibit B, and authorizes the execution thereof by the Mayor on behalf of the City. 4

COUNCIL OF THE CITY OF ABERDEEN

______________________________________

Patrick L. McGrady, Mayor ______________________________________ Steven E. Goodin, Councilman ______________________________________ Sandra J. Landbeck, Councilwoman ______________________________________ Timothy W. Lindecamp, Councilman ______________________________________ Melvin T. Taylor, Councilman ATTEST: SEAL: _____________________________ Monica A. Correll, City Clerk Date _________________________

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Resolution No. 19-R-02 Siebert Farm and Adams Property Annexation Agreement Page 3 of 32

EXHIBIT A

METES & BOUNDS DESCRIPTION

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Resolution No. 19-R-02 Siebert Farm and Adams Property Annexation Agreement Page 4 of 32

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Resolution No. 19-R-02 Siebert Farm and Adams Property Annexation Agreement Page 6 of 32

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Resolution No. 19-R-02 Siebert Farm and Adams Property Annexation Agreement Page 7 of 32

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Resolution No. 19-R-02 Siebert Farm and Adams Property Annexation Agreement Page 8 of 32

EXHIBIT B

ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT (hereinafter referred to as “this 1

Agreement”), entered into this ______ day of _____________________, 2019, by and 2

among the CITY OF ABERDEEN (hereinafter referred to as the “City”), a municipal 3

corporation of the State of Maryland, and Party of the First Part; and HELEN SIEBERT 4

GERMEROTH, NOVO REALTY, LLC, BOSWORTH PROPERTIES, INC., SAGE 5

CUSTOM HOMES, LLC and SAGE GILBERT, LLC, Parties of the Second Part. 6

WHEREAS, an annexation resolution (the “Resolution”) will be introduced by 7

the City amending the Charter of the City by extending the corporate boundaries of the 8

City to include therein certain property described in the Resolution, containing a 9

combined total of 80.32 acres, plus or minus, and further setting forth specific conditions 10

relating to the annexation, including but not limited to, the execution of this Agreement. 11

WHEREAS, the City and the Petitioners intend to enter into this Annexation 12

Agreement to establish certain terms, circumstances and conditions which will be 13

applicable to the properties annexed and to satisfy the conditions set forth in the 14

Resolution. It is intended by the parties that the provisions of this Agreement are in 15

addition to any other terms and conditions that may be set forth in a Resolution and any 16

other of the City ordinances, subdivision regulations, and other rules and regulations that 17

may be applicable to the development and use of the property referred to in the 18

Resolution. 19

44

Resolution No. 19-R-02 Siebert Farm and Adams Property Annexation Agreement Page 9 of 32 NOW THEREFORE, that for and in consideration of the mutual promises and 1

covenants hereinafter set forth, and other good and valuable consideration, the receipt of 2

which is hereby acknowledged, the parties agree as follows: 3

1. Definitions. 4

Agreement. This Annexation Agreement. 5

Annexation Property. All of the real property described in the Resolution. 6

APFO. Adequate Public Facilities Ordinance. 7

City. The City of Aberdeen. 8

Developers. Bosworth Properties, Inc., Sage Custom Homes, LLC and 9

Sage Gilbert, LLC, or their successors and assigns. 10

Development Parcels. The parcels of real property listed below that were 11

included in the Resolution: 12

• Helen Siebert Germeroth is the owner of the following land that is 13

included within the Annexation Property: 14

- That tract or parcel of land designated on Harford County Tax Map 51 15

as Parcel 99, consisting of 41.390 acres, more or less (Development Parcel 1). 16

• Novo Realty, LLC is the owner of the following lands that are included 17

within the Annexation Property: 18

- That tract or parcel of land designated on Harford County Tax Map 51 19

as Parcel 250, consisting of 38.93 acres, more or less (Development Parcel 2). 20

A site plan entitled “Plat to Accompany Description, Land to be Annexed by City of 21

Aberdeen” showing the location of the parcels is attached as Exhibit A, and made a part 22

of this definition. 23 45

Resolution No. 19-R-02 Siebert Farm and Adams Property Annexation Agreement Page 10 of 32 Petition. Petition for Annexation filed by the Petitioners with the City and 1

thereafter accepted by the City in accordance with the provisions of Section 4-404 of the 2

Local Government Article of the Annotated Code of Maryland and Section 235-15 of the 3

City Development Code. 4

Petitioners. Helen Siebert Germeroth, Novo Realty, LLC, Bosworth 5

Properties, Inc., Sage Custom Homes, LLC and Sage Gilbert, LLC, and their respective 6

heirs, personal representatives, successors and assigns. 7

Planning Department. City Department of Planning and Community 8

Development. 9

Property Owners (“Owners”). Helen Siebert Germeroth and Novo Realty, 10

LLC. 11

Resolution. An Annexation Resolution introduced by the Mayor and City 12

Council of Aberdeen, amending the Charter of the City extending the corporate 13

boundaries of the City by including therein the Annexation Property and setting forth 14

specific conditions relating to the annexation. 15

2. General Provisions: 16

a. Recitals. The recitals contained herein are incorporated in this 17

Agreement as operative provisions of this Agreement. 18

b. Conditions of Annexation. The terms, covenants, conditions and 19

effectiveness of this Agreement except for Paragraph 11 (Payment of Annexation 20

Expenses), all as hereinafter set forth, are contingent upon the enactment of the 21

Resolution by the City Council annexing the Annexation Property and zoning the 22

Annexation Property as IBD, Integrated Business District, and the taking effect of such 23 46

Resolution No. 19-R-02 Siebert Farm and Adams Property Annexation Agreement Page 11 of 32 Resolution. The provisions of Paragraph 11 are effective upon the execution of this 1

Agreement by the City and Petitioners and remain in effect regardless of whether the 2

annexation becomes effective. 3

3. Permissible Uses of Annexation Property. From and after the effective 4

date of the annexation, the Annexation Property shall be developed and improved only 5

for the principal permitted uses allowed in the IBD Zoning District. The parties 6

acknowledge that without express approval from the Harford County Council, (the 7

“Express Approval”) § 4-416 of the Local Government Article of the Maryland Code 8

precludes, for five years after annexation, development of the Development Parcels for 9

land uses substantially different than the authorized use, or at a substantially higher 10

density, not exceeding 50%, than could be granted for the proposed development in 11

accordance with Harford County’s AG (Agricultural) zoning classification in effect at the 12

time of annexation. It is the mutual expectation of the parties that the County Council 13

will grant such approval, but the failure of the Harford County Council to grant such 14

approval shall not affect the effectiveness or validity of this Agreement. The Petitioners 15

shall be responsible for requesting express approval from the Harford County Council 16

and providing the official response from the County Council to the City. The City shall 17

join in the Express Approval as needed by Petitioners. 18

4. Development Requirements Binding On Owners and Developers of all 19

Development Parcels. 20

a. Design, Development, Use and Restrictions. The Design, 21

Development, Use and Restrictions of the Development Parcels shall be governed by 22

§235-18.K., Integrated Business District, of the City Development Code as amended 23 47

Resolution No. 19-R-02 Siebert Farm and Adams Property Annexation Agreement Page 12 of 32 from time to time, and other applicable City, Harford County and State development 1

laws, regulations, processes and procedures in effect from time to time, including the 2

City’s Adequate Public Facilities Ordinance. 3

b. The Resolution and this Agreement do not, without further 4

procedures as prescribed by law, permit, grant or allow any building, excavation or 5

construction on the Development Parcels. 6

5. Water System. 7

a. Water distribution mains do not currently exist at either of the 8

Development Parcels. The City shall provide access to water service for the Development 9

Parcels subject to the water capacity of the City meeting or exceeding applicable Code 10

and regulatory requirements and a public works agreement is executed by the City and 11

the respective Developers of the Development Parcels. The annexation of the 12

Development Parcels shall entitle the Owners and Developers to City water service if the 13

water capacity meets or exceeds applicable Code and regulatory requirements, including 14

APFO, and if Harford County amends its Master Water and Sewer Plan to authorize the 15

City to provide municipal water service to the Development Parcels. Promptly after the 16

effective date of the annexation, the City will apply to Harford County for such an 17

amendment to the Master Water and Sewer Plan. Public water service shall be provided 18

with the above conditions being met. 19

b. To the extent required by or to serve the Development Parcels, the 20

Developers of the Development Parcels shall be responsible for all costs for the 21

construction of new or the extension of existing water laterals and mains; for the costs of 22

the acquisition of the required rights-of-way, connection charges and construction 23 48

Resolution No. 19-R-02 Siebert Farm and Adams Property Annexation Agreement Page 13 of 32 inspection fees associated with such service; and for the cost of any other improvements 1

they may elect to make to improve the existing water system in order to meet all 2

requirements of the APFO. However, if Developers elect not to make water system 3

improvements necessary to satisfy APFO requirements for development of the 4

Development Parcels, Developers may not develop the Development Parcels, and may 5

not require City to issue permits and approvals for development on the Development 6

Parcels, until APFO requirements are satisfied. The manner in which Owners and 7

Developers determine among each other to allocate or pay for any or all of these costs is 8

their responsibility and not that of the City. 9

c. Any improvements to the City’s water system shall be designed 10

and constructed to ensure sufficient water pressure to protect the health, safety and 11

welfare of City residents and to promote the efficiency of the future water service. 12

d. All water system improvements shall be constructed in accordance 13

with the City’s Standard Specifications and Construction Details and other relevant 14

statutory and regulatory provisions, including the APFO. 15

e. Upon satisfactory completion of construction and final inspection 16

of water system improvements, Owners and Developers shall dedicate and convey the 17

improvements to the City free and clear of liens and encumbrances. 18

6. Sewer System 19

a. Sewer mains do not currently exist at either of the Development 20

Parcels. The City shall provide access to sewer service for the Development Parcels 21

subject to sewer capacity of the City meeting or exceeding applicable Code and 22

regulatory requirements and a public works agreement is executed by the City and the 23 49

Resolution No. 19-R-02 Siebert Farm and Adams Property Annexation Agreement Page 14 of 32 respective Developers of the Development Parcels. The annexation of the Development 1

Parcels shall entitle the Owners and Developers to City sewer service if the sewer 2

capacity meets or exceeds applicable Code and regulatory requirements, including APFO, 3

and if Harford County amends its Master Water and Sewer Plan to authorize the City to 4

provide municipal sewer service to the Development Parcels. Promptly after the 5

effective date of the annexation, the City will apply to Harford County for such an 6

amendment to the Master Water and Sewer Plan. Public sewer service shall be provided 7

with the above conditions being met. 8

b. To the extent required by or to serve the Development Parcels, the 9

Developers shall be responsible for all costs for the construction of new or the extension 10

of existing sewer mains and laterals; for improvement or upgrades to existing pump 11

stations; for other sewer improvements required to serve the Development Parcels; for 12

the cost of the acquisition of the required rights-of-way; for the payments of connection 13

charges, and construction inspection fees; and for the cost of any other improvements 14

they may elect to make to improve the existing sewer system in order to meet all 15

requirements of the APFO. However, if Developers elect not to make sewer system 16

improvements necessary to satisfy APFO requirements for development of the 17

Development Parcels, Developers may not develop the Development Parcels, and may 18

not require City to issue permits and approvals for development on the Development 19

Parcels, until APFO requirements are satisfied. The manner in which the Owners and 20

Developers determine among each other to allocate or pay for these costs is their 21

responsibility and not that of the City. 22

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Resolution No. 19-R-02 Siebert Farm and Adams Property Annexation Agreement Page 15 of 32

c. All sewer system improvements shall be constructed in accordance 1

with the City’s Standard Specifications and Construction Details and other relevant 2

statutory and regulatory provisions, including the APFO. 3

d. Upon satisfactory completion of construction and final inspection 4

of sewer system improvements, Owners and Developers shall dedicate and convey the 5

improvements to the City free and clear of liens and encumbrances. 6

7. Traffic Signals, Transportation Studies, Road Improvements and 7

Stormwater Management 8

a. The Developers of each of the Development Parcels shall be 9

responsible for all costs associated with traffic signals and signs resulting from the 10

development of their property. The signals and signs shall be designed and constructed 11

in accordance with the Manual on Uniform Traffic Control Devices. 12

b. Prior to the City issuing any development approvals, the Owners 13

and Developers, at their expense, shall provide the City with a Traffic Impact Analysis 14

for the proposed development of the Development Parcels, subject to the City’s approval 15

of the scope of the Analysis and of the traffic consultant performing the Analysis, such 16

approval not to be unreasonably withheld. The Traffic Impact Analysis will be reviewed 17

by the City of Aberdeen and the Harford County Departments of Public Works and 18

Planning and Zoning. Based on their collective reviews and requirements, Developers of 19

each of the Development Parcels shall construct, at their expense, all on-site and off-site 20

road improvements within the time required reasonably by the City’s development 21

process. 22

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Resolution No. 19-R-02 Siebert Farm and Adams Property Annexation Agreement Page 16 of 32 c. The Developers of each of the Development Parcels shall be 1

required to pay all costs associated with the construction, reconstruction, upgrading, or 2

widening to existing roadways, of all internal roadways, bridges, curb and gutters, storm 3

drain systems and stormwater management facilities, acquisition of all required road 4

rights-of-ways, reimbursement to the City for all costs and attorney’s fees associated with 5

condemnation to acquire road rights-of-way, if deemed reasonably necessary by the City, 6

and other related required roadway expenses resulting from the development of the 7

Development Parcels. Each of the foregoing improvements located in the City, other 8

than stormwater management facilities, shall be owned and maintained by the City, and, 9

upon completion of construction and satisfactory final inspection of each improvement, 10

and prior to the release of any maintenance bonds for such improvement, shall be 11

conveyed by the Owners and Developers to the City in fee simple free and clear of liens 12

and encumbrances. Stormwater management facilities shall be owned and maintained by 13

the Owners of the Development Parcels or portion thereof upon which the stormwater 14

management facilities are located. Promptly after a homeowners association is 15

established for the Development Parcels or portions thereof, the Owners of such property 16

shall dedicate and convey such stormwater management facilities, in fee simple, to a 17

homeowners association established for the Development Parcels or portions thereof in 18

which the stormwater management facilities are located. 19

d. If Gilbert Road is annexed into the City’s corporate limits and 20

conveyed by Harford County to the City, Developers shall be responsible for treating 21

100% of stormwater flowing from any Gilbert Road improvements by Developers. After 22

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Resolution No. 19-R-02 Siebert Farm and Adams Property Annexation Agreement Page 17 of 32 Gilbert Road stormwater facilities are constructed and approved, they shall be conveyed 1

to the City for ownership in fee simple, free and clear of liens and encumbrances. 2

e. All infrastructure improvements shall be constructed in accordance 3

with the City’s Standard Specifications and Construction Details and other relevant 4

statutory and regulatory provisions, including the APFO. 5

f. The Developers shall, prior to the issuance of any building permits, 6

enter into a Public Works Agreement with the City, and for all County-owned roads enter 7

into a separate Public Works Agreement with the Harford County Department of Public 8

Works for County road improvements and required bonding. The Owner of each 9

Development Parcel shall join in the Public Works Agreement for that Parcel to consent 10

to its terms and to bind that Parcel. 11

8. Sidewalk Improvements, Vehicular and Pedestrian Connections. 12

a. The Sidewalk Improvements, Vehicular and Pedestrian 13

Connections for the Development Parcels shall be governed by §235-18 K., Integrated 14

Business District, of the City Development Code, as amended from time to time. 15

b. During the development phase of each Development Parcel, every 16

effort shall be made to provide both vehicular and pedestrian connections to the adjoining 17

residential neighborhoods. 18

19

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Resolution No. 19-R-02 Siebert Farm and Adams Property Annexation Agreement Page 18 of 32

9. Recreation. 1

a. During the development of the Development Parcels, the City’s 2

Department of Planning and Community Development and Planning Commission shall 3

determine the specific types of recreational facilities and locations for such facilities, 4

relative to the specific development of each parcel of the Development Parcels, as may be 5

required by the City’s Development Code. The Developers of each Development Parcel 6

agree to install and maintain, at their expense, such recreation facilities as the City may 7

determine. 8

b. Developers may use open space to serve recreational purposes and 9

preserve significant site features. Open space intended to serve recreational purposes 10

must be appropriate to the scale and character of the residential development, considering 11

its size, density, anticipated population, and number and type of dwelling units proposed, 12

as per the City’s Development Code. 13

10. Payment for Facilities, Equipment and Additional Work Force 14

Necessitated by Development of the Development Parcels. 15

a. Developers understand and acknowledge that the annexation and 16

development of the Development Parcels will result in a need for additional City 17

facilities, equipment and work force to address the impacts of residential growth from the 18

annexed Development Parcels. Therefore, Developers agree to pay to the City 19

$233,000.00 (Hereinafter “Total Developer Contribution”) as set forth in subparagraph b. 20

to offset the City’s costs. 21

b. The Total Developer Contribution shall be paid on pro-rated basis 22

determined by the quotient of The Total Developer Contribution being the numerator and 23 54

Resolution No. 19-R-02 Siebert Farm and Adams Property Annexation Agreement Page 19 of 32 the number of lots approved on the final subdivision plat or plats for that Development 1

Parcel being the denominator. (This quotient hereinafter called “Developer Lot 2

Contribution”) By way of example The Total Developer Contribution of $233,000.00 3

divided by 170 approved platted lots would result in a Developer Lot Contribution of 4

$1,371.00 per lot. This amount for each platted lot shall be paid in full prior to the 5

issuance of a residential building permit for that lot. The City shall not issue a building 6

permit for a lot until the amount for that lot has been paid in full. The total amount 7

payable for a Development Parcel is a lien on that Parcel until paid in full. 8

11. Payment Costs and Expenses of Annexation – Processing and 9

Reviewing. 10

a. The Petitioners shall pay to the City all reasonable and actual costs 11

and expenses of the City associated with the annexation of the Annexation Property, 12

exclusive of costs of internal City staff time, up to a maximum of Thirty Thousand Three 13

Hundred and Sixty-Four Dollars and Thirteen Cents ($30,364.13). These costs and 14

expenses include, but are not limited to, attorney fees and expenses, publication costs, 15

recording fees, and costs and expenses associated with any referendum election if 16

required to be conducted on the annexation. 17

b. Before the Mayor and City Council takes any action on a 18

Resolution to annex the Annexation Property, Petitioners shall pay to the City all costs 19

and expenses incurred by the City in connection with the annexation proceeding, and 20

those additional costs and expenses reasonably estimated by the City to be incurred in the 21

future, including any referendum on the annexation. Within thirty (30) days after the 22

conclusion of all annexation proceedings, the City shall refund to Petitioners’ designees 23 55

Resolution No. 19-R-02 Siebert Farm and Adams Property Annexation Agreement Page 20 of 32 any monies paid in excess of the City’s actual costs and expenses associated with the 1

annexation proceeding, including any referendum. Petitioners shall pay to the City, 2

within 30 days after demand by the City, any difference between monies previously paid 3

by Petitioners and the City’s actual costs and expenses associated with the annexation 4

proceeding and any referendum. 5

12. Notices. Any notice required to be given pursuant to this Agreement shall 6

be given in writing by postage prepaid certified mail, return receipt requested, to 7

addresses of the parties hereto as set forth on Exhibit B, which is attached hereto and 8

made a part hereof. 9

13. Binding Effect. The obligations and responsibilities expressed in this 10

Agreement shall be binding upon, as applicable, Owners and Developers, their respective 11

heirs, personal representatives, successors and assigns, but shall not be construed as 12

personal obligations or covenants of consumers who purchase lots for residential 13

occupancy after the lots are improved with dwellings by Owners, Developers or their 14

assigns. 15

14. Agreement Constituting Covenants Running with the Land. The 16

Petitioners hereby agree that, from and after the date of this Agreement, and subject to 17

the satisfaction of the condition precedent specified in Paragraph 2.b. above, the 18

Development Parcels shall be held, conveyed, encumbered, sold, leased, rented, used, 19

occupied and improved subject to such covenants, conditions, restrictions, use 20

limitations, easements, obligations and equitable servitudes as are set forth in this 21

Agreement, all of which covenants, conditions, restrictions, use limitations, easements, 22

obligations, and equitable servitudes shall be deemed to run with and bind to the land and 23 56

Resolution No. 19-R-02 Siebert Farm and Adams Property Annexation Agreement Page 21 of 32 be and shall be binding and enforceable upon all subsequent owners, their heirs, personal 1

representatives, successors, and assigns, but shall not be construed as personal obligations 2

or covenants of consumers who purchase lots for residential occupancy after the lots are 3

improved with dwellings by Owners, Developers or their assigns; and shall be for the 4

benefit of the City, its successors and assigns, and enforceable by it at law or in equity. 5

15. Scope of Agreement/Binding Effect. All of the promises, stipulations, 6

obligations, covenants, terms, conditions, restrictions, use limitations, equitable 7

servitudes, easements and agreements herein contained shall inure to the benefit of and 8

shall apply to, bind, and be obligatory upon the parties hereto and the heirs, personal 9

representatives, successors and assigns of each whether so expressed or not, but shall not 10

be construed as personal obligations or covenants of consumers who purchase lots for 11

residential occupancy after the lots are improved with dwellings by Owners, Developers 12

or their assigns. 13

16. Enforcement. If any covenant, condition, restriction, provision, obligation 14

or term of the Agreement which is the responsibility of any one or more of the Owners or 15

Developers of the Development Parcels to fulfill is not satisfied within the time specified 16

in this Agreement, the City may refuse to accept or process applications for, and issue or 17

grant, any further building permits, use and occupancy permits, subdivision approvals or 18

grading permit and sediment control approvals required for any development or 19

construction on any of the Development Parcels, and Owners and Developers waive their 20

rights to compel or require the City to accept, process, issue or grant any such 21

applications, permits or approvals, until the particular covenant, condition, restriction, 22

provision, obligation or term of this Agreement has been satisfied. 23 57

Resolution No. 19-R-02 Siebert Farm and Adams Property Annexation Agreement Page 22 of 32 17. Governing Law. This Agreement is being executed and delivered, and is 1

intended to be performed, in the State of Maryland, and shall be interpreted, construed 2

and enforced in accordance with the laws of such State without regard to those principles 3

governing conflicts or choice of laws. 4

18. Applicability of City Laws. After the annexation of the Annexation 5

Property becomes effective, the Annexation Property and any and all persons who 6

hereafter may reside on the Annexation Property, shall be subject to the Charter and all 7

laws, rules and regulations of the City, and shall be subject to taxation by the City, as all 8

generally are applicable to property and residents of the City, subject to the terms and 9

conditions of this Agreement. 10

19. Gender Based Terminology. In construing this Agreement, feminine, 11

gender neutral or plural nouns and pronouns shall be substituted for those masculine or 12

singular in form, and vice versa, in any place in which the context so requires. 13

20. Agreement Prepared by all Parties. This Agreement has been prepared by 14

all parties hereto, and the language used in this Agreement shall not be construed in favor 15

of or against any particular party or parties. 16

21. Entire Understanding. This Agreement contains the entire understanding 17

of the parties and there are no representations, warranties, or undertakings other than 18

those expressly set forth herein. 19

22. Changes to or Rescission of Agreement. 20

a. This Agreement shall be modified, amended, supplemented or 21

rescinded only in the manner set forth in this Paragraph 22, unless other requirements are 22

expressly provided by law. 23 58

Resolution No. 19-R-02 Siebert Farm and Adams Property Annexation Agreement Page 23 of 32 b. A modification, amendment, supplementation or rescission of this 1

Agreement shall be effective only if it is made in writing, is executed with the same 2

formality as this Agreement, states the date of the public hearing referred to in 3

subparagraph 22.c., and is recorded among the Land Records of Harford County, 4

Maryland. 5

c. A modification, amendment, supplementation or rescission of this 6

Agreement shall not be effective unless approved by the Mayor and City Council of 7

Aberdeen after a public hearing first has been held before the Mayor and City Council, 8

notice of which public hearing has been given by publication at least once a week for two 9

successive weeks in a newspaper of general circulation in the City, the last such 10

publication being not less than five nor more than ten days before the public hearing. 11

The notice shall include the date, time, place and purpose of the public hearing, sufficient 12

to advise the public of the nature of the proposed modification, amendment, 13

supplementation or rescission. 14

d. A party to this Agreement shall not be required to join in any 15

modification, amendment or supplementation of this Agreement unless that party’s 16

interest will be affected by the modification, amendment, supplementation or rescission. 17

23. Severability. If any provision of this Agreement is held to be invalid or 18

unenforceable, all other provisions hereof shall nevertheless continue in full force and 19

effect. 20

24. Time of Essence. Time is of the essence in this Agreement and of the 21

performance of all obligations under this Agreement. 22

59

Resolution No. 19-R-02 Siebert Farm and Adams Property Annexation Agreement Page 24 of 32 25. Attorney’s Fees upon Breach. If any of the Owners or Developers, or 1

their respective heirs, personal representatives, successors or assigns, breach any part of 2

this Agreement, the breaching party, shall pay all reasonable attorney’s fees, court costs, 3

cost of suit, and expenses incurred by the City in enforcing the provisions of this 4

Agreement with respect to said breach or in obtaining damages therefore. If the City, 5

breaches any part of this Agreement, the City shall pay all reasonable attorney’s fees, 6

court costs, cost of suit, and expenses incurred by the Owners and Developers in 7

enforcing the provisions of this Agreement with respect to said breach or in obtaining 8

damages therefore. 9

26. Effect of Waiver on Breach. The waiver by any party hereto of a breach 10

of any provision of this Agreement shall not operate or be construed as a waiver of such 11

breach by any other party, as an amendment of this Agreement, or as a waiver of any 12

subsequent breach of the same or any other provisions of this Agreement by such waiving 13

party or by any other party hereto. 14

27. Duplicate Counterparts. This Agreement may be executed by the various 15

parties on several separate counterparts hereof, all of which shall together be valid and 16

fully binding upon the parties hereto notwithstanding the fact that the undersigned parties 17

may not have signed the same counterpart. 18

28. Noncontestibility of Agreement. The parties agree not to challenge or 19

contest, and waive any right to challenge or contest, in any legal or equitable proceeding, 20

in any forum whatsoever, the validity, legality or enforceability of this Agreement or any 21

or all of its provisions, terms or conditions. 22

29. Recordation of Agreement. Upon enactment of the Resolution, the City 23 60

Resolution No. 19-R-02 Siebert Farm and Adams Property Annexation Agreement Page 25 of 32 shall record this Agreement, at the expense of Owners and Developers, among the Land 1

Records of Harford County, Maryland. 2

3

4

[SIGNATURES AND NOTARIAL CERTIFICATES 5

TO ANNEXATION AGREEMENT ON FOLLOWING PAGES] 6

7

61

Resolution No. 19-R-02 Siebert Farm and Adams Property Annexation Agreement Page 26 of 32 IN WITNESS WHEREOF, and as of the day and year first hereinabove written, 1

the parties hereto have affixed below their respective signatures and seals to multiple 2

counterparts of this Agreement, any of which shall be deemed to be an original. 3

CITY OF ABERDEEN 4 5 6

_____________________________(SEAL) 7 Patrick L. McGrady, Mayor 8

9 ATTEST: 10 11 ___________________________________ 12 Monica A. Correll, City Clerk 13 14 15 Date: ______________________________ 16 17 18 STATE OF MARYLAND, HARFORD COUNTY, to wit: 19 20 I, the undersigned, a Notary Public in and for the State and County aforesaid, do 21 hereby certify that on this ____ day of __________________, 2019, appeared PATRICK 22 L. MCGRADY, MAYOR OF THE CITY OF ABERDEEN, known to me or 23 satisfactorily proven to me to be the person whose name is subscribed to the within 24 Annexation Agreement, and said person acknowledged that, being authorized to do so, he 25 executed the within Annexation Agreement as Mayor on behalf of the City of Aberdeen 26 for the purposes therein contained. 27 28 AS WITNESS my hand and Notarial Seal. 29 30 31 _________________________________ 32 Notary Public 33 My Commission Expires: 34 35

36

62

Resolution No. 19-R-02 Siebert Farm and Adams Property Annexation Agreement Page 27 of 32 ATTEST: BOSWORTH PROPERTIES, INC. 1 (Contract Purchaser of Parcel A) 2 3 4 By: (SEAL) 5 Peter Bosworth, President 6 7 8 SAGE CUSTOM HOMES, LLC 9 (Contract Purchaser) 10 11 12 By: (SEAL) 13 Gil Horwitz, Sole Member 14 15 16 SAGE GILBERT, LLC 17 (Assignee of Contracts for Parcels A & B) 18 19 20 By: (SEAL) 21 Gil Horwitz, Sole Member 22 23 24 NOVO REALTY, LLC 25 26 27 ______________________________ By: (SEAL) 28 29 30 WITNESS: 31 32 33 ______________________________ ____________________________(SEAL) 34 Helen Siebert Germeroth 35 36 37 38 STATE OF MARYLAND, ______________________ COUNTY, to wit: 39 40 I, the undersigned, a Notary Public in and for the State and County aforesaid, do 41 hereby certify that on this ____ day of __________________, 2019, appeared PETER 42 BOSWORTH, President of Bosworth Properties, Inc., known to me or satisfactorily 43 proven to me to be the person whose name is subscribed to the within Annexation 44 Agreement, and said person acknowledged that, being authorized to do so, he executed 45

63

Resolution No. 19-R-02 Siebert Farm and Adams Property Annexation Agreement Page 28 of 32 the within Annexation Agreement on behalf Bosworth Properties, Inc., for the purposes 1 therein contained. 2 3 AS WITNESS my hand and Notarial Seal. 4 5 6 _________________________________ 7 Notary Public 8 My Commission Expires: 9 10 11 STATE OF MARYLAND, ______________________ COUNTY, to wit: 12 13 I, the undersigned, a Notary Public in and for the State and County aforesaid, do 14 hereby certify that on this ____ day of __________________, 2019, appeared GIL 15 HORWITZ, Sole Member of Sage Custom Homes, LLC, and Sage Gilbert, LLC, known 16 to me or satisfactorily proven to me to be the person whose name is subscribed to the 17 within Annexation Agreement, and said person acknowledged that, being authorized to 18 do so, he executed the within Annexation Agreement on behalf of Sage Custom Homes, 19 LLC, and Sage Gilbert, LLC, for the purposes therein contained. 20 21 AS WITNESS my hand and Notarial Seal. 22 23 24 _________________________________ 25 Notary Public 26 My Commission Expires: 27 28 29 STATE OF MARYLAND, ______________________ COUNTY, to wit: 30 31 I, the undersigned, a Notary Public in and for the State and County aforesaid, do 32 hereby certify that on this ____ day of __________________, 2019, appeared 33 _______________________, ________________________ of Novo Realty, LLC, 34 known to me or satisfactorily proven to me to be the person whose name is subscribed to 35 the within Annexation Agreement, and said person acknowledged that, being authorized 36 to do so, he executed the within Annexation Agreement on behalf of Novo Realty, LLC, 37 for the purposes therein contained. 38 39 AS WITNESS my hand and Notarial Seal. 40 41 42 _________________________________ 43 Notary Public 44 My Commission Expires: 45

64

Resolution No. 19-R-02 Siebert Farm and Adams Property Annexation Agreement Page 29 of 32 1 2 STATE OF MARYLAND, ______________________ COUNTY, to wit: 3 4 I, the undersigned, a Notary Public in and for the State and County aforesaid, do 5 hereby certify that on this ____ day of __________________, 2019, appeared HELEN 6 SIEBERT GERMEROTH, known to me or satisfactorily proven to me to be the person 7 whose name is subscribed to the within Annexation Agreement, and said person 8 acknowledged that she executed the within Annexation Agreement for the purposes 9 therein contained. 10 11 AS WITNESS my hand and Notarial Seal. 12 13 14 _________________________________ 15 Notary Public 16 My Commission Expires: 17

18

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Resolution No. 19-R-02 Siebert Farm and Adams Property Annexation Agreement Page 30 of 32

EXHIBIT A 1 2

Site Plan Entitled “Plat to Accompany Description, 3 Land to be Annexed by City of Aberdeen” 4

5

66

Resolution No. 19-R-02 Siebert Farm and Adams Property Annexation Agreement Page 31 of 32

EXHIBIT B 1

NOTICES 2

(postage prepaid certified mail, return receipt requested) 3

NOTICE TO CITY: 4 5 Phyllis G. Grover 6 Director of Planning and Community 7 Development 8 City of Aberdeen 9 60 N. Parke Street 10 Aberdeen, MD 21001 11 12 With copy to: 13 14 Frederick C. Sussman, Esquire 15 Council Baradel 16 125 West Street, Fourth Floor 17 Annapolis, MD 21401 18 19 NOTICE TO DEVELOPERS: 20 21 Peter Bosworth 22 Bosworth Properties, Inc. 23 801 St. Georges Road 24 Baltimore, MD 21210-1408 25 26 Gil Horwitz 27 Sage Custom Homes, LLC 28 6807 Park Heights Avenue 29 Suite 100 30 Baltimore, MD 21215 31 32 Gil Horwitz 33 Sage Gilbert, LLC 34 6807 Park Heights Avenue 35 Suite 100 36 Baltimore, MD 21215 37

38

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Resolution No. 19-R-02 Siebert Farm and Adams Property Annexation Agreement Page 32 of 32 With Copy to: 1 2 Joseph F. Snee, Jr., Esquire 3 Snee, Lutche, Helmlinger 4 & Spielberger, P.A. 5 112 South Main Street 6 Bel Air, MD 21014 7 8 NOTICE TO OWNERS: 9 10 Helen Siebert Germeroth 11 1719 Gatehouse Court 12 Bel Air, Maryland 21014 13 14 NOVO Realty, LLC 15 c/o Cecil Bank 16 127 North Street 17 Elkton, Maryland 21922 18

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COUNCIL OF THE CITY OF ABERDEEN

Ordinance No. 19-O-10

Date Introduced: June 3, 2019

Sponsored By: Councilwoman Sandra J. Landbeck and Councilman Melvin T. Taylor

Public Hearing: June 17, 2019

Amendments Adopted:

Date Adopted:

Date Effective:

AN ORDINANCE concerning

DEVELOPMENT CODE AMENDMENT 1

2

FOR the purpose of amending the City of Aberdeen Development Code to permit certain types 3

of apartments as permitted uses in the B-3 zoning district. 4

5

BY repealing and reenacting, with amendments 6

Chapter 235. Development Code 7

Appendix A, Table of Use Regulations 8

Code of the City of Aberdeen (2010 Edition as amended) 9

10

EXPLANATION: CAPITALIZED ITALICS indicates matter added to existing law

((Double Parenthesis)) indicate matter deleted from existing law.

Underlining indicates amendments to Ordinance.

Strike-Out indicates matter stricken from Ordinance by amendment or

deleted from the law by amendment.

* * * indicates existing unmodified text omitted from Ordinance

SECTION 1. BE IT ENACTED BY THE COUNCIL OF THE CITY OF 11

ABERDEEN that Chapter 235. Development Code, Appendix A, Table of Use Regulations, 12

Code of the City of Aberdeen (2010 Edition as amended), is repealed and reenacted, with 13

amendments, to read as follows: 14

15

16

75

Ordinance No. 19-O-10, Development Code Amendment

(Amendments to Appendix A)

Page 2 of 3

Chapter 235. DEVELOPMENT CODE 1

Appendix A 2

Table of Use Regulations 3

Key to Table: 4

P Permitted Use 5

SE Use subject to special exception from the Board of Appeals 6

-- Not Permitted 7

2nd floor Permitted on second floor and above 8

T-5 Only permitted in TOD-C 9

SFD Single-family dwelling 10

11 Zoning District

Use R-1 R-2 R-3 B-1 B-2 B-3 M-1 M-2 IBD TOD

Residential

* * *

Dwelling, duplex -- P P -- -- -- -- -- P --

Dwelling, garden apartment -- -- P P P P -- -- P P

Dwelling, high-rise apartment -- -- P P P P -- -- P P

Dwelling, mid-rise apartment -- -- P P P P -- -- P P

* * *

12

SECTION 2. AND BE IT FURTHER ENACTED BY THE COUNCIL OF THE 13

CITY OF ABERDEEN that this Ordinance shall become effective at the expiration of twenty 14

(20) calendar days following adoption. 15

76

Ordinance No. 19-O-10, Development Code Amendment

(Amendments to Appendix A)

Page 3 of 3

COUNCIL OF THE CITY OF ABERDEEN

_____________________________________

Patrick L. McGrady, Mayor

______________________________________

Steven E. Goodin, Councilman

______________________________________

Sandra J. Landbeck, Councilwoman

______________________________________

Timothy W. Lindecamp, Councilman

______________________________________

Melvin T. Taylor, Councilman

ATTEST: SEAL:

_________________________________

Monica A. Correll, City Clerk

Date ____________________________

77

B-3

B-3

B-3B-3

B-3

B-3

B-3

B-3

B-3

B-3

B-3

B-3B-3

B-3

Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI,Esri China (Hong Kong), swisstopo, © OpenStreetMap contributors, and the GIS User Community

B-3 Highway Commercial Properties

3,750 0 3,7501,875 Feet

LegendB-3 Highway Comemercial Aberdeen City

78

Map Parcel Lot AcreageAberdeen Green Properties LLC Agreement Lane 200 9 - 256,568 5.89NMR, LLC Barnette Lane 200 52 4 807,602 18.54Beards Hill Shopping Center II, LLC 800 Beards Hill Road 202 54 - 106,722 2.45800 Beards Hill Road LLC 885 Beards Hill Road 202 55 (part) 3 222,592 5.11City of Aberdeen Beards Hill Road 201 55 (part) 2 1,489,316 34.19Beards Hill Shopping Center II, LLC Beards Hill Road 202 2591 - 165,092 3.79Colony at Beards Hill LLC Beards Hill Road 202 2864 (part) - 173,369 3.98Colony at Beards Hill LLC Beards Hill Road 202 2864 (part) - 6,891 0.16783 West Bel Air Avenue LLC West Bel Air Avenue 200 41 - 31,799 0.73Aberdeen Realty Trust LLC West Bel Air Avenue 200 506 14-16 35,875 0.82Aberdeen Realty Trust LLC 5 Bush Chapel Road 200 505 13, PO 12 15,000 0.34Karen N. Bonsack 10 Bush Chapel Road 207 489 - 58,370 1.34Karen N. Bonsack off Bush Chapel Road 51 156 - 55,757 1.28LEA, LLC Giles Lane 200 29 - 89,298 2.05LEA, LLC Giles Lane 200 2828 PAR A 44,867 1.03Robert W. Cook & Loretta A. Cook 1030 Hardees Drive 58 110 7 75,093 1.72Feazell Property Mgmt. LLC 4 James Street 206 2501 3 142,877 3.28Colgate Investments 950 Middelton Road 200 2766 9 75,359 1.73Middleton Holdings LLC Middelton Road 202 600 PAR A 14,549 0.33Middleton Holdings LLC Middelton Road 202 600 2 59,242 1.36Middleton Holdings LLC Middelton Road 202 600 3 152,460 3.50Colony at Beards Hill LLC Middelton Road 202 950 PO PAR A 12,303 0.28Stancills, Inc. Middelton Road 202 2862 1 500,940 11.50IDGAD II, LLC 10 Newton Road 209 2584 2 40,946 0.94IDGAD II, LLC 12 Newton Road 209 2584 3 37,897 0.87Summerlin Development LLC Nonpareil Road 202 55 (part) PAR A 50,094 1.151104 OPR LLC 1104 Old Philadelphia Rd. 58 561 - 641,639 14.731104 OPR LLC Old Philadelphia Road 58 130 - 5,009 0.111104 OPR LLC Old Philadelphia Road 58 562 - 198,634 4.56Bevair Partnership 502 North Philadelphia Blvd. 203 2870 2C 45,738 1.05Bevair Partnership 504 North Philadelphia Blvd. 203 2870 2 158,994 3.65HMA Holdings LLC North Philadelphia Blvd. 203 2242 29 10,000 0.23Art & Ann Helton 312 S. Philadelphia Blvd. 206 1790 PO 7&8 11,632 0.27744-788 South Philadelphia Road LLC 738 S. Philadelphia Blvd. 206 2798 5 52,272 1.20GPM2 LLC 1130 S. Philadelphia Blvd. 58 530 - 35,283 0.81Donley Holdings LLC South Philadelphia Blvd. 206 2473 - 53,500 1.23Aber. Hospitality Mgmt. LLC South Philadelphia Blvd. 206 2477 PAR 1 145,055 3.33Clark & Jerrilea Connellee South Philadelphia Blvd. 206 2482 - 21,387 0.49Stanley Lloyd South Philadelphia Blvd. 206 2489 - 27,007 0.62Walmart Stores East, Inc. South Philadelphia Blvd. 206 2568 2 324,086 7.44Uyesh & Ismail Bhatti, et al South Philadelphia Blvd. 206 2805 - 9,701 0.22COPT Aberdeen LLC Research Boulevard 59 5 - 682,586 15.67COPT Aberdeen LLC 200 Research Boulevard 59 5 J 11,530 0.26COPT Northgate H, LLC 202 Research Boulevard 59 5 H 348,044 7.99COPT Northgate I, LLC 204 Research Boulevard 59 5 I 277,042 6.36COPT Northgate B, LLC 212 Research Boulevard 59 176 B 139,392 3.20Sunnyside Drive LLC Sunnyside Drive 206 2858 - 32,281 0.74

Total 7,951,690 182.55

Name of Owner Location Square Feet

Undeveloped B-3 properties in Aberdeen (as of 6/12/19)

Source: Maryland Department of Assessments & Taxation records; Prepared by Gil Jones

79

80