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HomeMy WebLinkAbout2004-07-27 Regular Meeting PacketITEM 6. Consider action on ordinance amending City of Anna Subdivision Regulations (Ordinance No. 2000=01) regarding requiring development plat. This item was discussed and tabled several months ago. Minor revisions were made at request of council and the ordinance is being brought back to you for action. CITY OF ANNA, TEXAS �•7C7F►U► ►• AN ORDINANCE AMENDING ORDINANCE NO. 2000-01 (SUBDIVISION ORDINANCE) BY REQUIRING SUBMITTAL OF A DEVELOPMENT PLAT FOR CERTAIN TYPES OF DEVELOPMENT WITHIN THE CITY'S CORPORATE LIMITS AND ITS EXTRATERRITORIAL JURISDICTION, REPEALING ANY PROVISIONS IN CONFLICT WITH THIS ORDINANCE; PROVIDING A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000) FOR VIOLATION OF THIS ORDINANCE, PROVIDING A SEVERANCE PROVISION. AND, SETTING AN EFFECTIVE DATE. WHEREAS, the City Council of the City UL.. Anna has determined that the submission of development plats is necessary to the orderly growth, aesthetic appearance, property values and welfare of the community by securing adequate provision for traffic, light, air, recreation, transportation, water, drainage, sewage and other facilities; and WHEREAS, the City Council of the City of Anna seeks to require submission of development plats for certain types of development where no such platting requirement previously existed; and WHEREAS, the City Council of the City of Anna desires to require said submissions for development both within its corporate limits and extraterritorial jurisdiction; now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. Authority This Section is adopted under the Texas Local Government Code, Chapter 212, Subchapter B, Sections 212.041 through 212.050, as amended. Section 2. Section 3.3 of Ordinance 2000-01 Amended The final paragraph of Section 3.3 (Jurisdiction) of Ordinance 2000-01 is amended to read as follows: Any owner subdividing land outside the corporate limits of the City of Anna but within its extraterritorial jurisdiction shall submit a plan of subdivision to the Planning and Zoning Commission and the pIan must conform to the minimum requirements set forth in these regulations. Page 1 of 4 Section 3. Section 5 of Ordinance 2000-01 Amended Section 5 of Ordinance 2000-01 is hereby amended by adding the following paragraphs: 5.4 Development Plat Form and Content — A development plat shall be prepared by a registered professional land surveyor as a boundary survey (accurate in scale) on sheets not greaterthan 24" x 36" and to a scale of not smaller than one hundred feet to the inch (two additional mylars shall be submitted on sheets 17" x 23" to specifically meet the requirements of Collin County for filing) showing: � each existing or proposed building, structure or improvement or proposed modification of the external configuration of the building, structure or improvement involving a change of the building, structure or improvement; each easement and right-of-way within or abutting the boundary of the surveyed property; dimensions of each street, sidewalk, alley, square, park, sewers, water mains, culverts, other underground structures or other part of the property intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the street, sidewalk, alley, square, park, sewers, water mains, culverts, other underground structures or other part of the property, �i topographical information with contour lines at one (1) foot intervals, unless otherwise permitted by the Planning and Zoning Commission due to conditions of terrain involved. All elevations shall be referred to a Geodetic Survey or a City Survey; the name and property lines of adjoining property owners; the name and location of adjacent subdivisions, streets, easements, pipelines, water courses, etc. In the case of easements a written statement as plat; to the easement use shall be included in the development Page 2 of 4 fM a preliminary plan for on -site sewage disposal systems or sanitary sewers kv with grade, pipe size, and points of discharge; a preliminary plan of the drainage system with grade, pipe size and location of outlets; A preliminary plan for proposed fills or other structure -elevation techniques, levees, channel modifications, and other methods to overcome flood or erosion -related hazards; location of city corporate limits line, the outer border of the City's extraterritorial jurisdiction, and zoning district boundaries, if they traverse the development, form part of the development or are abutting the development. a key map (see Section 5.1.4}; Title, etc. (see Section 5.1.5); �, Be accompanied by three (3) copies of the plat on 24" X 36" sheets and 20 copies on 11 X 17" sheets, a completed application form, the required submission fee, and a certificate or some other form of verification from the Collin County Central Appraisal District showing that all taxes have been paid on the subject property and that no delinquent taxes exist against the property. 5.5 Procedure for Approval of Development Plat An applicant for approval of a development plat shall follow the same procedural steps necessary for approval of a subdivider's preliminary plat under Section 4 of the City's Subdivision Ordinance (Ordinance No. 2000- 01, as amended). Approval of the development plat by the City Council is deemed final. No development plat shall be filed or recorded, no building permit may be issued, and no new development shall begin on land covered by this Ordinance until the plat has been approved by the City Council Section 4. Repealer All parts of any ordinance in conflict with the provisions of this ordinance are to the extent of such conflict hereby repealed. Section 5. Penalties A person commits an offense if the person violates this Ordinance, including without limitation the development of any property within the City's corporate limits without an approved development plat or in a manner that is materially inconsistent with an Page 3 of 4 approved final plat. An offense of this Ordinance is a Class C misdemeanor. Any person convicted of violating this Ordinance shall be fined in an amount not to exceed two thousand dollars for each incident of violation. Each day of the continuance of such violation shall be considered a separate offense and shall be punished separately. Section 6. Severance If any part of this Ordinance is for any reason found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, all other parts nevertheless shall remain valid, legal, and enforceable. Section 7. Effective Date This ordinance shall be effective upon the posting and/or publication of its cap#ion as required by law and the City Secretary is hereby directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas, by the following vote on this the 27th day of July, 2004. AYE NAY ABSTAIN ATTEST: City Secretary APPROVED: Mayor Page 4 of 4 ITEM in Consider action on ordinance amending City of Anna Subdivision Regulations (Ordinance No. 20W01) requiring sidewalks along arterials and frontage areas of development projects. The current provisions in the Subdivision Ordinance regarding sidewalks along major streets is unclear, especially along perimeter streets. This amendment is designed to require sidewalks along all subdivision streets, including all perimeter streets. CITY OF ANNA, TEXAS �. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 2000-01 (SUBDIVISION ORDINANCE) BY REQUIRING SIDEWALKS ALONG ARTERIAL AND COLLECTOR STREETS; REPEALING ANY PROVISIONS IN CONFLICT WITH THIS ORDINANCE, PROVIDING A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000) FOR VIOLATION OF THIS ORDINANCE; PROVIDING A SEVERANCE PROVISION AND, SETTING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Anna has determined that the provision of sidewalks along arterial and collector streets is necessary to the orderly growth, aesthetic appearance, property values and welfare of the community by securing adequate provision for traffic, light, air, recreation, transportation, water, drainage, sewage and other facilities; and WHEREAS, the City Council of the City of Anna desires to require said sidewalks both within its corporate limits and extraterritorial jurisdiction; now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Sec#ion 1. Authority This Ordinance is adopted under the Texas Local Government Code, Chapter 212, Subchapter B, Sections 212.041 through 212.050, as amended. Section 2. Section 8.8 of Ordinance 2000-01 Amended Section 8.8 of Ordinance 2000-01 is amended to read as follows: Sidewalks shall be constructed with the Design Standards for the City of Anna and shall be required: a. On the subdivision side of all arterial streets adjacent to the subdivision. b. On the subdivision side of all collector streets adjacent to the subdivision. c. On the residential side of all local/marginal access streets whether adjacent to the subdivision or internal. d. On both sides of all internal arterial streets. e. On both sides of all internal collector streets. f. As deemed necessary by the city council in commercial, industrial, public, and multifamily areas. Page 1 of 2 Section 3. Repealer All parts of any ordinance in conflict with the provisions of this ordinance are to the extent of such conflict hereby repealed. Section 4. Penalties A person commits an offense if the person violates this Ordinance, including without limitation the development of any property within the City's corporate limits without an approved development plat or in a manner that is materially inconsistent with an approved final plat. An offense of this Ordinance is a Class C misdemeanor. Any person convicted of violating this Ordinance shall be fined in an amount not to exceed two thousand dollars for each incident of violation. Each day of the continuance of such violation shall be considered a separate offense and shall be punished separately. Section 5. Severance If any part of this Ordinance is for any reason found Lw a court of competent jurisdiction to be invalid, illegal, or unenforceable, all other parts nevertheless shall remain valid, legal, and enforceable. Section 6. Effective Date This ordinance shall be effective upon required by law and the City Secretary and/or publication. the posting and/or publication of its caption as is hereby directed to implement such posting PASSED by the City Council of the City of Anna, Texas, by the following vote on this the 27th day of July, 2004, AYE NAY ATTEST: City Secretary APPROVED: Mayor Page 2 of 2 ITEM 8. Public hearing and action on recommendation of Planning and Zoning Commission regarding replat of Lots 13 & 14, Block O, Tara Farms, Phase 4. The builder submitted a house plan for Lot 14 that was reviewed and approved by the City's Inspection Department. The builder put a foundation down for a different house plan. The foundation for the different house is 1.5 feet inside the 10' drainage easement on this lot. In order to keep the builder from having to rip out the foundation, the builder has asked that we allow a replat of the drainage easement to take 2' from Lot 14 and add 2' to Lot 13. The replat request involves revising the existing drainage easement on Lots 13 & 14, Block O, Tara Farms Phase 4, by reducing the drainage easement width on Lot 14 by two feet (from 10' to 8') and increasing the drainage easement width on Lot 13 by two feet (from 5' to 7'). The Planning and Zoning Commission and city staff recommend approval of the request. Preliminary Plat Circulation Plan 9 2'-924-2620. clT OF ANNA. T0:14695875560 P:.1. DEVELOPMENT APPLICATION ❑ Final Plat CI Replat 18,1 ❑ Landscape Plan ❑ Land Study ❑ A. Description o f PK1L 1. 3. 1. Addition Name 1 �-� 2. Total Number of Acres 3. Zoning Classification(s}_ 4. Total Number of Lots, by 5. Location of Site Plan ❑ Applicants: (List those person5.vou wish. to be contacted_about this request.) �� Address: ! 707 lLla& -j4 f &O. Address: City, State, Zip �1'i/�/l�A;p �= 3 City, State, Zip: Phone: i! gLW +� u'�urCaCL` 6W3 Phone: Address: City, State Phone: 4. Submitted By: ' � Owner Date: ❑ Applicant Print} �{ Representative The application fee of $�ta be paid to the City of Anna, is enclosed with this application. Preliminary Plat fee: $50 + $3 per lot Final Plat fee: $100 + $3 per lot BEFORE ME an this day personally appeared the undersigned applicant, who certifies the following. "I hereby certify that I am the owner, or duly authorized agent of the owner for the purposes of this applicati n, of a property herein described, that all information submirma herein is i::Je and ,o:r :. '� L` & h ZOV� A 4 Applicant Da City Secretary Date C. Documents and SetlingsM eellMy DocumentstAnna MgWDevelopment-Piarsnirig;,IssuesM ormslPlattinglD4 Development App Form.doc Page 1 oft 0 2 Oco LU COy r,lkovi m N 0 Q v LL 0 z 00 Or CL m m 0 z m I O CL CL LM uCl is N N (D m O > > > > > L L 000000 CO � O tULO OL �0 c� 0� c� DO cry �� m� c0 c6 ta ro _N m m LW � M X to E- 2 fX-- F- t- I- m L. 'a N M ap C6 d � U v U C r- c o c o c c) C La C 'aLnaLoCoC�-c�-c aNaN<c4 < a L m 0 CL L i m 0 a o > > � Y � U Y 02 co O m o co 'a co O c0 L Z W 1— X U Y m C .�. _ U - O .a O - n m c Z CO _O N t6 m f0 IL. cL0 (0 a' 0 O H H VICINITY MAP NOT To scA[,is 0' 100' 200' 300' SCALE' 1'=20' i • � i - .: .. - -4ENT fRDM A 10' TQ A 8' DRAINAGE .EASEMENT AND TI�'EXISTDJG .. - - _ � � � - , DRAINAGE EASEMENT ON LILT 13 4ENT.-fRpFf 5` Tfl A�7"7ktABJAGE � .�rnt. 7iEREOF,'gOV AlL 1£N HY THESE PRESEMS . �� � EASEMENT. A 15' DRAINAGE�.EASEMENT'STILL REMpINS.:DETyEEMJBpTI(..ypiS. .. �.: t i COUNTY RCIAh 371 � 45' R,O,W. DEDIGATI�N ,nl „� N 87'12'24' W � l,z, �75.00 60.00' 1 LOT 13 I LpT 14 BtK. ❑ BLK. ❑ 1 1 b i b zs u. i CU � al. �� � __ � '. '_ @I& LOT 12 � � � e1� LOT li � � g � ? I�slaacE umER I i m� REsmEH� IAIOER axtTRucrlw � � ; 3 m crzarRucTlai I6G; e c J � e ^ M ., Ij � � Io ��� o � I(� t I 1 � Its $ 1 . p �i I � {I � I L� �— _� '�'B= —+ 1 � °t' I ! 1 h 1 1 1 - a• uE lY V.E 60.00' � 75.00 __ � __ ,sfr WfIIf �I F--ii �i q�3 Wig 1 F'--f ��u , J; W) t i 1 - � Vim--- S 8T12'24' E BASIS ❑F BEARINGS CHARLEST�N DRIVE 50' R.C3,W. i WIz Q i 3 �' 0 -J ILY W . f{tf� �� cH G 1 i t • IX�I r•Y '.ft ., r•t TIOS RLAT AARRWED SUB.IECT TO ALL PL0.N711RS Ot]11NANCES, Rl1ES, RETiA-AT'IINS, AN➢ RESOI.IJTIQL2 �' Tiff CITY Of ANIA, TEAS. VIITE'.SS, IIY lNND. THIS —DAY OF . 200A. HYi AIIH�IIED SIQNTURE di.-n -- I� IGge Alt Men Hy TMte Presexk THAT I. DAVID M. HENDERSW, do hereby certify tlwt I preparetl thh; pint and the f4!Itl rrotes node n port thereof from on nttuol and aCorate survey of the torts ord itnt the Corner noru+ents shorn thereon sere prapeay placetl undo• ny perSOnal supervWan Mi nccordnnCe elth the SubtAvisbn Regulatbns of the tlty of Areq, Texas DnvW !L Herxlersm v, M69 RPLS. Nn H89 'pp 2C In The Sinte f Texas '-y FSS 10�1 U ST0.TE � TE%AS COLNTY OF DALLrf,S eEYORE ME, the uederstgnd, a Hotory f'uWk k. o+N far the 5oltl County and Stote, on this dny persannlly oPpeored DnvW H Henderson. dty authoNzed nM co-o.ner` of HencMork Group of Texas, Inc., laaen to ne to be the person nrxl narNper' chose nnnC k SubSCrWetl to the foreadrp tostrunent rci nclawNedeed to ne thnt Yfie S e the act of the Said p¢rKMnork Group of Tezos, Inc., nntl ihnt he executed the sane xas tY4 nct of Such s�lnted tore for the putppse nntl cansitlerntk.L vd In the capacity thereto+ GIVER IAiDER MY HAND ANA SEAL !>F �FiIGE. teas tfie—tlaY of A.iL, My Coneosslon Expires Approved this —day of 2004, by the City CowTcil of the City of Anrw, Texas. Mayor City Secretory REPEAT OF LOTS 13 & 14, BLOCK 0 of the FINAL PLAT, TARA FARMS N0. 4 SAIdUEL MOORS SURVEY, ABSPRACT N0. A-627 CITY OF ANNA COLLiN COUNTY, TEXAS Date of 8ureey:Ds/14/04 thanked Dr. Dom• SHEET i� OF 1 Job Number. NU. 48479 Drawn By: S2i. '.. 'Benchmark Group of Texas, Inc. ssD Bast a Road, Hichatdwn, Teua 7so8I f�sao-sosv >~nx eeo-sosz LAND SIJEVSYORs '.. ITEM 9. Consider action on recommendation of Planning and Zoning Commission regarding preliminary plat for Villages of Hurricane Creek. The PZC has recommended disapproval of the plat. The primary reason for the disapproval was the presence of driveways on minor collectors, particularly the primary north -south collector street. There is no hard and fast rule on this issue; it is to a large extent a judgment call. I will try to provide some assistance on this particular case by asking both Maurice Schwanke, our planning consultant, and Tom Walton, our traffic engineer, to review and comment on the issue and have those comments in hand by the time of your meeting. �A I am attaching the original Schwanke comments. The developer responded to these comments in a manner satisfactory to the PZC r� 21 01 03:42p PrelirniIary Plat Circulation Plan City of Rnne A. De., vuun of Pro rty 1. Addition Name. DEVELOPMENT APPUCATION Final Plat ❑ Replat ❑ Landscape Plan ❑ Land Study ❑ re -scot— ccacu Site Plan ❑ 2_ Total Number of 3. Zoning Classification(s) t�4" "lpo%�o ice 4_ Total Number of Lots, by Type__] Cam 5. Location of B. Applicants. List those aersons you wish to be contaded about t5L Q� L1 1. Owner i tLXrsEs 40ee€� 2 'Applicant Address: 2?OS Gl-%JA !��' 19*AAC.. Address: Address. O i; City, State, Zip:jM cYAt t+1eA 17)( '�s'g� City, State, Zip: tz Phone: 2i�{-2-�62�[cy Phone:\u'gG2"-�; 3. Representative: C AEL 4. Submitted Sy. Address: 19 SLR s ^fzoe .t�� - Name (Please Print) City, State, Zip'` � � X I S O? ❑_OWner ❑ Applicant ❑Representative Phone:2ly--.f�38'- EIkr Date: r- BEFORE ME, $n authorized official of the City of Anna, on this day personally appeared the undersigned applicant, who certifies the fotlowin "I herebyji fy tha m the owner, or duly authorized agent of the owner for the purposes of this applicationthe p(ro rty herein described, that ail information submitted herein is true and correct. i else hereby erfy,that , e ap cation fee of $ :3i ► AC to cover the cost of this application, has been paid t the f of fAnnaf date_ oel 5 E/ vkf Date Secretary Date \\Lee lavyrencek drive\14-Mgt\Tool1"Plat ProcessingW3-Plat ApP Fortn•doc Page 1 of 2 MAURICE SCHWANKE & COMPANY 1209 Southwood Blvd. LAND PLANNING Arlington, Texas 76013 ZONING CONSULTANT Phone (817) 4694927 MUNICIPAL CONSULTANT Fax (817) 274-3943 GRANT CONSULTANT Village of Hurricane Creek Preliminary Plat 1. Digital submittal was not received with this plat as required. 2. What happens to the 30' and 15' utility easements at the southwest terminous of Lot 12 Block JJ and Lot 22 of Block KK. Perhap a lift station. If so, it should be shown on some identifiable lot. 3. Contours should be labeled. 4. Please identify the rear property lines of all lots. 5. Label the tract west of Street O 6. Street K on is labeled as 60' of right -of --way; however, it is drawn as 50' of right- of-way. Adjust Street K and change the lots accordingly. 7. Please coordinate Sheet 2 with Sheet 5. Renumber lots, perhaps adjust lot lines, and adjust riglivof-ways. 8. Street O street name is duplicated on Sheet 5. 9. Street M is labeled as 60' of right -of --way; however, it is drawn as 50' of right-of- way. Adjust Street M and change the lots accordingly. 10. Lot 11 of Block O is a keyhole lot and does not meet the minimum lot width as measured at the front building line. According to section 8.5.2. of the Subdivision Rules and Regulations the Lot Width Definition is as follows "The lot width is the minimum distance between the side lot lines of a building lot measured along a straight line at the rear of the required front yard and parallel to the street line or a line tangent thereto, unless otherwise defined." 11. Lots 10 & 11 of Block N are dimensioned incorrectly. 1I According to section 5.1.3.4. the location of building lines shall be shown. 1I The limits of the property shall be clearly indicated on the eastern edge of the property. Additionally, the match line reference on the southwest corner of this plat should be removed. i4. Reference to parkland and or should be removed horn this arrii future piais wiifiiri this subdivision. A tract number should be assigned along with approximate acreages. 15. The status of the 170' electric easement should be clarified. If it is an easement who owns the property and has responsibility for maintenance? If it is owned by Villages of Hurricane Creek L.P. then individual tract designations should be indicated and the back of the lots adjacent to it should be shown. 16. Due to the excessive length of Blocks A, AA, K, and B 15' crosswalk easements should be considered as per section 8.6.3 of the SRR. 1 1 to 18. 19. 20. 21. 22. 23. Duplicate lots exist on block L & T. Coordinate lot numbers across Match lines Please verify placement of Street F at Match line (Two different dimensions). What is the intent of the extra lines on Lot 44 Block AA. An additional utility easement is needed on Lot 55 Block A. An easement needs to be shown for the lift stations. Either a bearing call on the north side of the. plat has been left out or a drafting error along north line of plat has been made (apparent jog in property line. north of Lot 1 Block U)? According to section 5.1.3.1 of the SRR the following. "The proposed name of the subdivision. The proposed name shall not,have the same spelling as or be pronounced similarly to the name of any other subdivision located within the city or within two miles of the city." An unrecorded subdivision exists to the north called Hurricane Creek Estates. The City may want the name of this subdivision :changed because of this conflict. �w If you have any questions please feel free to contact me. Maurice Schwanke 2 ITEM 10. Public Hearing: A public hearing will be held to consider an annexation request by Chee Soon Wah for 55 acre tract, said property being in the Robert A. Johnson Survey, Abstract No. 479 and the Ezra Shelby Survey, Abstract No. 839, located on south side of CR 367, approximately 0.75 miles east of Central Expressway South (US 75). Speakers at the hearing will be heard according to their order on a listing available at the council meeting. The property owner is requesting annexation. The property is located on the south side of CR 367, east of the unrecorded Twin Creeks subdivision and across the road from Oak Hollow, Phase 5, and approximately 0.75 miles east of Central Expressway. This is the second of two public hearings. - I (we), the .undersigned, .being owners) _ of property that is within _the existing extraterritorial jurisdiction of the City of Anna; Texas, hereby petition your honorable body to extend the present city limits so as to include the territory more fully described in Exhibit A, attached hereto and incorporated herein for all intents and purposes. I. (we) am (are) the owners) and/or legally represent the owners) of the property described in Exhibit A, on which Less. than three qualified voters reside. . (We) c�rfify that this ,Petition is signed : and � cnowledged by each rand every corporation and person owning the described Land_ or having. an interest in any part thereof. The undersigned represents} that he (they) and all' other owners desire to be annexed to and made part of the City of Anna, Texas, subject to aIl Laws, nT.Ies, and regulations of said city. Signature ' Printed Name Signature Printed Name STATE OF TEXAS COUf�tTY OF r%4 t. t s1S This insin�ment was acicnowiedged before me by On the / � day of 1u�Y 2004, Notary Public in and for the State of Texas ��� MY Commission Expires: b (rsla-ae} Dale 1, _• ,ti '' Fb N MUtKEY. rY ��: Stale of Texas �!! �n Expires June►.t3; 2Q0i' 30.M. 4 il: 1 ! • .. �. • Situated in Collin County, Texas in the Robert A Johnson Survey, Abstract No. 479, and the Eua Shelby Survey, Abstract No. 83 9, being a resurvey of the 40.000 acres of land and the 15.00 acres of land as described in a deed from Donald M. White to D&KW FAMILY, L.P. dated Jan. 12, 1996, recorded in Document No. 96-0005911 of the Collin County Land Records, being described by metes and bounds as follows: BEGINNING at a %2 inch iron pin found at the northeast cow of said 15.00 acre tract, in the center of County Road No. 367, at the northwest comer of the William L. & Nadine Living Trust 2.78 acres, Ref. Doc. No. 92-0083911 and is the south line of the SW Chee LP 28.05 acres, Ref. V. 4878, P. 1146; Thence southerly with the east line of said 15.00 acre tract, the east line of said 40.000 acre tract, the west line of said 2.78 acre tract, the west line of the William L. & Nadine Living Trust 5.869 acres, Re£ Doc. No. 92-0083911, the west line of the Gene McClure 3.00 acres, Ref. V. 2353, P. 69, the West line of the Jack Weatherford 2.05 acres, Ref. V. 4390, P. 788, the west line of the Charles Latimer 1.898 acres, Ref. V. 4970, P. 1572, the west line of the Daryl R. Garrett 2.41 acres, Ref. Doc. No. 964080308, the west line of the Jeff J. Redin 2.014 acres, Ref. Doc. No. 94-0001459, the west line of the Betty L. Hopkins 3.712 acres, Ref V. 171, P. 627 and the west line of the Paula Powel 15 acres, Ref. V. 4182, P. 2894 and with an established fence and with the evidence of an old fence as follows. • � 1 •-ate- 1` u � 1. 1: -- South 0 degrees 40 minutes East, 470.96 feet; South 0 degrees 24 minutes East, 398.3 feet to a''/z inch iron pin set; South 0 degrees 45 minutes West, 193.18 feet; South Q degrees 16 minutes West, 201.65 feet to an iron pipe found; South 0 degrees 06 minutes East, 229.47 feet, crossing Slater Creek to two iron pins found beside each other at a corner post on the tag of the south Bank of Slater Creek, at the southeast corner of said 40.000 acre tract, in me west line of said Powel 15 acres and in the north line of the Burl William Luscon a 96.20 acres, Ref. V. 2661, P. 402; outh 73 degrees 39 minutes 22 seconds 7 9 a 2 1 feet; N©rth 63 degrees 03 minutes West, 57.27 feet; �� North 75 degrees 14 minutes 35 seconds West, 115.6 feet; hw� North 78 degrees 42 minutes 18 seconds West, 42.0 feet to a %z inch iron pin found beside a comer post at the southwest comer of said 40.000 acre tract, in the north line of said 96.20 acre tract and at the southeast corner of Twin Creeks Subdivision, unrecorded; Thence North 0 degrees 09 minutes 04 seconds West, with the west Line of said 40.000 acre tract, the east line of said Twin Creeks and with a fence, passing a pipe found at 149.28 feet and continuing in all 2914.58 feet to %z inch iron pin set at the northwest comer of said 40.000 acre tract, the northeast comer of said Twin Creeks and in the south line of the SW CHEE LP 67.965 acres, Ref. V. 4878, P. 1146 and in said County Road No. 367; 11«- • 1 :' •"=J� 1 11 1 /• : •1• • 1 1 •• 1 If" • . •1 ill M • 7" 1 • i 1" • . 1/ - • . 1" • t i- • . • '• M - i . t" • 1 11" • • 1 .M .. d1• vith said County Road to the PLACE OF BEGUIlITNING and containing 55.008 acres of land I s Y Ix W mj as W too p low J i }� r � Q W W p u m ` < <i < m < I h m ge 4 a w _ c4 _H N cc to I It Ob O p! .4 J Q W Ion so n rQ j V Ul J r N iL d paD y _ S ,1g� ;$ i �s //GS%�o_•K Lu two ca m W W SC N O rl a • » W r� 9 X 9 Ki rQo W • _ ti UN n � W O n C ZS t h3a� tv z r - 1- �J aft C) r 2>c JA c - me c_ n « O90 h { 3 co ¢ le d W .� ao I� C •t i < o W � $ Z 9 J Z O O O 3 SL �' n Z tic f C! U O a cc W I m HW O S aD Z Vic F f V < V o < c � A Y - C i 4. < A B C 1 Scheduled Actual 2 City Council sets date, time, and place for first and second public hearing 6/22/2004 3 (2 hearings to be held not more than 40 days nor less than 20 days prior to official couna adbn) 4 5 Print notice for first PH (Newspaper Article) 6/25/2004 of 6 (Not more than 20 days nor less than 10 days prior to hearing) 7 8 9 City Council holds first public hearing 7/13/2004 10 11 Print notice for second PH (Newspaper Article); (Not more than 20 days nor tens than 10 days prior to hearing) 7/15/2004 12 13 City Council holds second public hearing 7/2712004 7 L2 � 14 15 City Council institutes annexation proceedings and 8/24/2004 16 City Council adopts annexation ordinance and service plan 17 (Not more than 40 days after first hearing nor less than 20 days after second pubic hearing) 18 19 Proposed ordinance submitted to U.S. Department of Justice, Texas 8/25/2004 20 Department of Housing and Community Affairs, and State Comptroller 21 22 Ordinance is filed with County Clerk 8/25/2004 23 24 jOrdinance is sent to Collin Appraisal District 8/25/2004 ITEM 11. Public Hearing: A public hearing will be held to consider an annexation request by Sarita Land Partners, Ltd., petition submitted by Mr. Dean Owen, Tract 1 of said property consisting of 184.41 acres located in the Samuel Moore Survey, Abstract No. 627, and the Robert Whitaker Survey, Abstract No. 1011, and Tract 2 of said property consisting of 5.04 acres located in the Samuel Moore Survey, Abstract No. 627, and the Robert Whitaker Survey, Abstract No. 1011, property being located along the east and west sides of the DART rail line between CR 1011 and CR 376. Speakers at the hearing will be heard according to their order on a listing available at the council meeting. The property is located to the east of and across N. Powell Parkway and the DART rail from Tara Farms. This is the first of two required public hearings. k� JUL-08-2004 09=S6 ow Nmopolo ambW mow JU l -07Aro i4 10 * 34A Natr iana i 1-omas 8177321974 P. 02. �,E]2 IL Irt _., i,All. ., l41 L.. ve oil -Ulm *X an VD z4al Iota vW v . pmaied balein for an "mft and a vl • :., ae• m' ExWbit A, on which :1.'t' a 4.: • voto rvAir, IY :i ► a a Y: 1 ♦ 1 �'.: ;ilr♦ •4 .li ,tOau. fir• Yv ��gf�pr�tTB �. Alm LEY ��`� r . . ■Notaty JUL-08-2004 09w5S P 03 N EIT A LEGAL DESCRIM N OF THE PROPERTY JUL-08-2004 09056 P.04 Exhibit A • . Z,Sol Descrintion of ProyerfY TRACT 1 Ail that certain tract or•parcel of land., being a part of the. Samuel Moore Survey, Abstract No. 627, and the Robert Whitaker Survey, Abstract No, 1011, and being part of that called 188.971 acre 'tract described in mead dated May 16, 1973, from L.L. Leslie, marl Leslie, Dillle Sti maon DeArman aizd husbands Wilson L. DeArman to Ke4rry E. Burleson and Kenneth s _ Burleson as, recorded in Volume $66jr Page 810 of the Deed Records .of Collin County, Texas and being more particularly described by metes and bounds as €allows% }3EGINNZI�3G at a point at the N©zthurest carnet' of said 188 .971 acre .tract being in the center of •County Road No. lio6. Said point also. being the Northeast corner of a called 34.81 acre tract described .in Deed from Naomi. Morria_to Milton Lentz as recorded in.Volume 798, Page 269•of said Deed Records, Said point being on the South line of the William Creager Survey, Abstract No. 164t the Northeast corner of the Z,F, Lester survey, Abstract No. 546 and the Northwest corner of said Robert Whitaker Survey, abstract No. 1.011; "c.- THt'�, S �7 degrees 38 minutes 33 seconds E, with the North bounclaxy line of said 188.971 acre tract and the center of said road, 1,699,44" to a paint . for corner at the Wortheast • corner of said tract. Said- poiat being'&the Northwest corner of the Collin County Estates, an unrecorded addition' as shown on slide 4532 of the plat Records of Collin County, Texas; xxr4+:y_as..IS...u�_.gx'era.dF7._mist.�tes�.3..4...s.econrd.�W, - f8a�zs .of beara..ng)•, with Gee Base bo�li�dary line of �secid 1B8.yt Line of said Collin County 33states,, at 30.721 pass.,a 1/2" iron rod with . yellow plastic cap stamped '�EC&D R.PLS 4084" (set), for .witness at the base of a broken of ence corner post (found) , and in all, 4, 253. S2' to a, 1/2 R iron rod found for corner. Said. ►int being the Northeast corner of a called 5.000 acre tract described in Clerk*s�.File No. 97-0002873, said Deed Recordav THENCE, 'N 486 degrees 56 minutes 47 seconds W, with the North boundary line of said 5.00 acre tract, 469.64' to a. 1/2" iron rod (found) for cornea; THENCE,. S • 02 degrees 54 minutes 05 seconds W, 'with .the West boundary lixie of said . 00 acre txslot,1 , pass a 1/2 ° iron resd (found} for witness and continuing for a total distance of 469.25' to a -point- for corner in the center of County Road No. 376, said point. being on the south line of the Robert Whitaker Survey, Abstract No. 1011 and. on, the North line of the J.C: Brantley Survey, Abstract No. 11.4; THENCE, N 87 degrees 1.5 minutes 40 seconds 'W, along the center of 'said road and the South boundary ZinP of sa;�a , ag on, •n,o"rY tract, 77n 101 to a point for corner at t:he Southwest corner of said .188.971. acre tract and in the East right-of�way line of the Union Pacific Railroad (100' .right-Of-inrayj a THENCE, .N 21 degrees OCt minutes 32 seconds W. with said East right -of- way, at 30.39' pass a 1./2 1' iron rod with yellow' �l,ast;ic cap stamped "EC&D RFLs08+4 ' (set} , for w1 tlless, and continuing; for a total distance of 2927406, to a 1/2" iron rod with yellow plastic cap JUG-08-2004 09s57 P.05 itA stamped "EC'&D RPLS 4084A (set), . for corer. Said point: being the most western co=er of. this tract and .located on the North line of the Samuel Moore Survey, Abstract No. 6276and the South line of said Z.F. Lester Survey, Abstract No. 5.46; Tiij=CE, S 06 degrees 58 W.&USAWMxtes 07 seconds E, with said Survey lines . and the South boundary,• line 4of said 34.81 acre tract 654.641, to a 1/2 a iron tod with yellow Plastic cap stammpped 1`EC&D RPLS 40840 (set) , at base of a fence. corner post ;tor an inside carrier of this tract and . being the Southeast corner of said 34.81 acre tract; . THENCE, AT 02 degrees 55 m;.zYtates 49 gecondg E, with the Nest bcnaYltiar� line of said 188.971 acre tract and the East boundary line of said 34.81 acre tract along an oald fence, at 2044.051,, pass a 1/21f iron rod with yellow plastic cap stamped °EC&D RPLS 4084" (set) for witness at' the base of a 2w fence corner post. and continuiag for a total distance of 2 , 0 63 .041 to . the POINT 4P BEGINNING and -,containing 184.41 acres of 1 and TEACH 2 All that certain tract or parcel of land, being a part of the. Samuel Moore Survey, Abstract Nov 627, and the Robert Wh9.taker Survey, Abstract. No. 1011, and being that same called 5aOLO -acre tract described, in Deed dated May 22, 1974, from Kerry E. Uurlesot,. . „Iuco�:pc��•e�%Jt� i�esxy��Bu�:e��r�s�re�©rde�i��-��te•=•-I;&�►�, gage . . 274, of the Deed, Records of .Collin County, •Texas and being more. particularly described by metes and bounds ad follows: . BEGINNING at a point for corner at the Southeast earner of said 5:01 acre. tract being in the center of Count �r Road Nei.' 376. said point being on the South line of the Robert Whitaker Survey, Abstract No. 1011,, the North line, of the J.C. Brantley Survey, Abstract No. 1.14, and the West. right-of-way of • the UrUon Pacific Railroad, (100: right - of way) . THENCE, N 87, degrees- 15 minutes 40 seconds W, with the South boWxiary line of said tract and the center of said road, 81.. 94 T to point far corner. Said point being in. the East right--af-way of State �€igYiway No. 5, (1000 right-of-way); THENCE, N 21 degrees Oq minutes 32 seconds W,•with said East right.- • of -way, at 31: 41 ` pass a 1%2"rod *xzth yel3,ow plastic cap stamped "EC&D RPLS 4084" (set) , for witness, and in all, .2928 .121 to . 3 1/2 ", 3 rori rod with yellow plastic Gap stashed 4EsC&I7 kZpL8 4084 (set} , for corner. Said point bea.ng the ForthweQt cozer of this tract aria locatecl on the 'North boundary nt"'.ra.ry Survey, Abstract Nov 627 and the South boundary line of said Z.F. Lester Survey, Abstract No. 546* THENCE, S 86 degrees 58 m1nutes 07 seconds E, with the North boundary ;line of said S.01 acre tract and with said Survey liries, 82.72', to a 1/2" iron rod with yellow plastic cap stamped "EC&D RPLS 4084a (set).. at the Northeast corner of this tract and located in said West right= JUL-08-2004 09057 P.06 F.at�tt'I�it A Le aI Deseri Lion of Pra erty of-ioay of the Union Pacific Railroad (200!. right-of_way) THMCE, S 21 degrees 00 minutes 32 seconds E, with said Railroad right=of"way, at 2896.7O pass a 1120 iron rod with yellow plastic cap stamped KEC= RPLS 40840 (Set), for witness and continu3zig for a total di.atance of 2927.67' to the POINT OF BEGINNING and ecnt.a.iang 5.04 acres of land. Schedule of Annexation Activities for Santa Land Partners 189.45 Acres Tract A B C 1 Scheduled Actual 2 City Council sets date, time, and place for first and second public hearing 7/13/2004 / V b 3 (2 hearings to be held not more than 40 days nor less than 20 days prior to official council action) 4 5 Print notice for first PH (Newspaper Article) 7/16/2004 6 (Not more than 20 days nor less than 10 days prior to hearing) 7 8 1 City Council holds first public hearing 7/27/2004 7 77 9 10 Print notice for second PH (Newspaper Article) 7/30/2004 11 (Not more than 20 days nor less than 10 days prior to hearing) 12 13 City Council holds second public hearing 8/10/2004 14 15 City Council institutes annexation proceedings and 9/14/2004 16 City Council adopts annexation ordinance and service plan 17 (Not more than 40 days after first hearing nor less than 20 days after second public hearing) 18 19 Annexation ordinance submitted to U.S. Department of Justice, Texas 9/15/2004 20 Department of Housing and Community Affairs, and State Comptroller 21 22 Ordinance is filed with County Clerk 9/15/2004 23 24 Ordinance is sent to Collin Appraisal District 9/15/2004 C:1Documents and Settings\Lee1\My DocumentslAnna Mgt\City Council\2004\Agendas\19-July 13\Santa Partners Annex Schedule.xls IF IF r�IF . �A�tE I. ttrrar+l� lerlo �.aa`.asac� FIN 4 IF IF IF IF F Fitt I IF IF I'm IF ihl IF mi, IF IF IF vl IF IF IF IF IF IF FF IF I IF till 41 IF IF I. 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