According to Taneytown Town Manager Jim Wieprecht, "The agreement is actually effective upon final approval of an annexation resolution.’ Section 2 of the agreement, titled ‘Contingent Upon Annexation’ states, "This Annexation Agreement is expressly contingent on the enactment of the Annexation Resolution by the Mayor and City Council of the City of Taneytown and the approval thereof if petitioned to referendum. If for any reason final approval is not obtained, this Annexation Agreement shall be deemed void ab initio and shall be of no force and effect as if it had never been executed."

The agreement was created between the Sewell family and the City of Taneytown for a potential ‘age targeted’ housing development. The annexation of the 125-acre Christmas tree farm just north of city limits presents the opportunity for City expansion while saving the developer money by connecting it ]to the current city water and septic systems.

City Attorney Jay Gullo previously advised the City Council to address the annexation before considering the development proposal since addressing these details would be all for naught if the annexation isn’t approved first. The annexation package will include the property plat, which Gallo said can be tweaked as desired, the proposed annexation agreement, and the proposed annexation resolution.

At their April meeting, Gullo said when the Sewell’s initially approached the city with their annexation and development proposal, that wanted to start-off with everyone in agreement on all of the aspects that the project would incur before it was commenced.

"The more we went on, the more we found that was not in anyone’s best interest," the crux of the issue being, promises made now may not transcend into promises kept later, due to unanticipated, changing variables, including potential changes that could occur as the actual construction of the development proceeded.

Thus far, development plans has yet to be set in stone as the City focuses on getting the annexation in motion. As per the comprehensive plan, the property would be annexed into a residential R-20 zone, though the Sewell family hopes to double the number of housing units beyond what is allowed in a R-20 zone.

To necessitate a zoning change from an R-20 zone (20,000 square-foot lot) to a R-10 zone (10,000 sq. ft.) as specified in the annexation agreement, will require a waver from the County. If the Sewell’s cannot acquire a waiver to allow for the zoning change, they will be locked into the 20,000 square-foot lot size restrictions for five years after the annexation is final.