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Home My WebLink About2004-04-13 Regular Meeting PacketITEM 9. Consider action on resolution setting date, time, and place for public hearings on annexation of the following tract. A 59.574 acre tract in the G. Stark Survey, Abstract No. 7989 owner being Ann Warren Hayslett, located on the south side of E. White Street (FM 455), south of Wildwood Estates subdivision and east of Town Center area. The property owner is requesting annexation. The property is east of and adjacent to the Town Center property and the owner intends to sell the tract to the Town Center developer. An annexation schedule is attached. fi� W O a a W 0 N u D w .v. Q m Q �y3 Q s V . �R—��--4�Zi-�.�� 0�' � 1 �' �Gcar`t`� �5� � (Ft��1 � � 7�� F�: ��3 .,. �: �� i .i: :It i oy. i`-ti, r � f� f ..� _ _y .1a _ i _ - _ _. _ _ •i i HHGilYNTi4C2 at .1 s#�Z rOd i'ouad on tlsn Eaact tiae of r:tziv; .�tBrK �tttteg, said ra*i wsr}ci.ng thr Svathesat wrnar aI sstd 523. � acre tract; �iCB Aa:cth 69 deg. 27 min. � sea- peat. .'tiCAg the genersi cnvrse sf s '•3'6nCA the Sevth 2iaa of avid 123.380 Wore tract. a dastanee pf 21to-T3 It. to iui angle PO#nt iri said £ascc; THtw-r ±forth 89 deg. 12 min. 22 eec. Nast. coQttmtirtg 8totf� the gextersi nQuree of rasa £Ibticc. the South line ct 3nid t2�j.35o nCrp trac6, a dfatan� nC 130?,� s't, to s e i*�ek► Atari y-pd �; Notts. a distance oi' 425.32 it. to a ; inak zkeal rvd net Sn tfie Nor+,.h liav ai said 't�-g9Q s:ra trio. - 2ti8btCE Hvrth 84 deg. 56 aia_ 5t+ scia- �. uit1: the 3±artt I.irts: of sef3 T23.,350 +sera trett. a dtetsaae ai 64?.a3 .tt. ton :t4vl rod fflURO in 8 F+_nrc _aLd � �� 8fl-+z"8JC Dviat ltt Lit9 Barth Line n� :csi i f?�.jRQ aora tract: � s Svutheaeterig dsretiriaa. with s 1e:ICe ra&intciniaR Li9e Pci�#.h lira uI Wald 72i-r}3t3 acre tr1Ct. the taLins+ia8 calla >ui,' d�atancaa: South 63 aeg. 17 min_ 52 sac. Fsaw_ n d+sta:ata caE �'t�.31 it• ,0 a 3txe? tad tvuad; _ � �• � tELa. 5ti nee. $3,ft_ a dfBGartae aY 'ems 29 is :a a c+,oai Cb� ,�4±md: BCtTCti T2 deg_ 2{� airt. k? 6flo. gear. n �:.,{.�.--., ai' PCs-'l:; ice- rc a nterl rod found[ 1iiENCy $oath 8j $v5. � �M 15 �eC. East. cvntinutng e].�g aa1Q reitn�t. ttw �� I231A of eaEd 1�'5..38(? avrg �r9vL• A..di:stance ct' ±5;9.3� .°'t� t� a s*..e•�3. �d _.. iCugd.. ai '�� ',,-fig dY a iaiica azatrr Fvs'i�i• om ti:±e i'a�t �I',trte o� saia 5'tar& SLrvey • . sas4 tad m»�� Hortha:.�-L c�atr d sa:c! 1Z.3�Q ante *.tact; nth 01 d4S• 43 min. "7 nee. ±feat; wi{� a :ante aeintalniad �tho Seat line o! said 'f2,3.3$4 ac�pne trscx. n d_stsnee ox �9.55 !'t. tc Crie ga3nt rt' be�-tnaing °ad �'�u+�+S .I�i�� acres of lend. �• Jerry F. LRanti6y��f. ReE=st:erab PtO:e�.Eona] !.hr±C 3i_:•c;:oe 4�xrygy cert_.]r that tt►s above held nay arrt rr�rax^eti fwm 3 Jt:rar-� ,ta��:: an thv g�vtmd on tar y6 th dAp o! � i9gS �:Id �ri� truce sna �.^•rrti.4 1:: :t,e Lit uS' eq 3mcvirdg�c and bvlivf Schedule of Activities for Ann Warren Hayslett 59 Acre Tract A t3 C 1 Scheduled Actual 2 City Council sets date, time, and place for first public hearing 04/13/04 3 (2 hearings to be hold not more than 40 days nor less than 20 days prior to official council action) 4 5 Print notice for first PH 04/16/04 6 (Not more than 20 days nor less than 10 days prior to hearing) 7 8 City Council holds first public hearing 04/27/04 9 10 Print notice for second PH 04/29/04 11 (Not more than 20 days nor less than 10 days prior to hearing) 12 13 City Council holds second public hearing 05/11/04 14 15 City Council institutes annexation proceedings and 06/08/04 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 Proposed ordinance submitted to U.S. Department of Justice, Texas 06/10/04 20 21 Department of Housing and Commuru'ty Affairs, and State Comptroller 22 Ordinance is filed with County Clerk 06/10/04 23 24 Ordinance is sent to Collin Appraisal District 06/10/04 C:1Documents and Settings\Lee11My DocumentsWnna Mgt\City Cauncil\20041Agendas\11-April 13\Annex Sched Hayslett.xts ITEM 7. Consider approval of ordinance annexing the tract described as follows: A 2.00 acre tract in the Hiram Brinlee Survey, Abstract No. 30, owner being WKG Enterprises, represented by Kenneth Griffin, located on the south side of SH 121, approximately one-half mile west of the intersection of FM 455 and SH 1219 This tract is located on the south side of SH 121 near the in#ersection with FM 455. The property was submitted for annexation last summer and annexation was not approved by the council. The staff is recommending that annexation be approved. The reason is that the City will not be able to annex any property along SH 121, even after we achieve Home Rule status and can annex without property owner permission, unless we have annexed at least one piece of private land along SH 121. (The only property in the area within the city now is in the state highway right-of4ay and we cannot annex territory unilaterally from the right-of-way, even as a Home Rule city.) Also, please note that the property owner has agreed that he will not seek water and/or sewer services to the property until such services (from the City) are extended to the SH 121 /FM 455 area. O 1 VKG Enterprises, LTD 5864 East FM 455 Anna, Texas 75409 972-924=3749 214=908-5008 March 31, 2004 Mr. t_ee Lawrence City of Anna Anna City Hall 101 N. Powell Parkway Anna, Texas 75409 Re: Annexation of a 5 acre tract in the David Van Winkle survey, Abstract No. 511, owner being WKG Enterprises, Ltd., represented by Ken Griffin, located on the south side of S. H. 121 at the corner of S. H. 121 and FM 455. Mr. Lee Lawrence, This letter is my written confirmation of our recent telephone conversation pertaining to the utilities on the above referenced property. I do not expect the City of Anna to provide utilities for the acreage, referenced above, that I am seeking annexation into the City of Anna. I already have water service on the property. The City of Anna will not have to bear any costs for utilities when the property is annexed. Sincerely; - - William Kenneth Griffis � PETITION FOR VOLUNTARY ANNEXATION TO: THE MAYOR AND GOVERNING BODY OF THE CITY OF ANNA, TEXAS: The undersigned owners of the hereinafter described tract of land which is vacant and without residents, or on which- less than three (3) qualified voters reside, hereby petition your honorable body to extend the present municipal limits so as to include and annex as a part of the City of Anna, Texas, the property described by metes and bounds on the attached Exhibit "A", which is incorporated herein for all purposes. We certify that this Petition is signed and acknowledged by each and every corporation and person owning said an or havin an interest in any part thereof. v /C- STATE OF TEXAS COUNTY OF Lai-+-tN This instrument was acknowledged before me by w �rr�NNI.rt- /� Atrh1ti n-fv-n IAONar1w/�L ✓�6 CiA.)�r'r,'' oNot the NAYNE E cUMMINGG Nota Public, State of Texas NOTARY PUBLIC State of Texas ��,, ,. . 02-01-loos My commission expires: ;L% D _ 200 __.__.. 400 BEARING BASED ON ..__WMMSTATE HVVY 121 R-O-W 1 t''I ��N�CLo.9g1 p �p� U w P p s YON/ R-O-W do uONDUENT^ N_O.W YONUYCNC ^ • jFood i IRON ROD i SET h^ �� A�. 2.00 ACRES IRON ROD FOUND N 88050' W 595.8' VVKO ENTERPRISES, LTD. VOL. 4<78, PG. 2540 COLLIN COUNTY DEED RECORDS I _ IRON ROD --'-'-- rOUNO Field notes from a survey of 2.00 acres in Collin County, Texas, being out of the David VanWinkle Survey, Abstract No. 937, being pert of a 13.88 acre tract conveyed to WKG Enterprises, L"Id by deed recorded in Volume 4478 at Page 2540 of the Collin County Deed Records and being more particularly described as follows: BEGINNING at an iron rod found in the South right-of-way Tine of State Highway 121 and the Southwest comer of the 13.88 acre tract; THENCE North 510 34' East with the South right-of-way line of State Highway 121, a distance of 458.9 feet to an iron rod set for a comer; THENCE South 389 28' East, a distance of 379.7 feet to an iron rod set for a comet in the South line of the 13,88 acre tract; THENCE North 880 50' West with the South line of the 13.88 aare'r :.fi a ristance Of 1 certify that this plat accurately represents the results of an on-lhe-ground survey made under my dlreclion and supervision on July 7, 2003 and all comers are as shown. There are no encroachments protrusions, or conflicts apparent on the ground expept ae sho Am. oft En*sem �_ 7_p-� s tiwyu»NW Surveyor �+�+�+, Tx 75082 (903p88.8021 IF IF Fr q f .; do n. IF 41. WP j ed dn od j rf or to ZIF FF IF Fd IF =s r �_ 7_p-� s tiwyu»NW Surveyor �+�+�+, Tx 75082 (903p88.8021 IF IF Fr q f .; do n. IF 41. WP j ed dn od j rf or to ZIF FF IF Fd IF =s r CITY OF ANNA, TEXAS C�7 77P► /T� [�3 �[W ANNEXATION OF 2.00 ACRE TRACT (WKG ENTERPRISES) . AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF ANNA, COLLIN COUNTY; TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY LIMITS AND ADOPTING A SERVICE PLAN FOR SAID TERRITORY AND ITS INHABITANTS WHEREAS, certain property owners have petitioned the City of Anna to have their property, described in Exhibit A, annexed to the City of Anna; and WHEREAS, said properties are adjacent to and adjoin the present boundaries of the City of Anna; and WHEREAS, a service plan providing for the extension of municipal services into the proposed annexed area and attached to this ordinance as Exhibit B and hereby made part of this ordinance was prepared prior to publication of notice of hearings and reviewed at said hearings, and WHEREAS, after hearing the arguments for and against the annexation, the City Council has voted to annex said territory to the City of Anna, Texas; now therefore Section I. The land and territory described in Exhibit A, attached hereto and hereby made an integral part of this Ordinance, lying adjacent to and adjoining the present boundaries of the City of Anna, Texas, is hereby added and annexed to the City of Anna, Texas, and said territory hereinafter described shall hereafter be included within the boundary limits of the City of Anna, Texas, and the present boundary limits of such city are altered and amended so as to include said area within the corporate limits of the City of Anna, Texas, Section 2. The above described territory and the area so annexed shall be a part of the City of Anna, Texas, and the inhabitants thereof, if any, shall be entitled to all of the rights and privileges of all citizens and shall be bounded by the acts, ordinances, resolutions, and regulations of the City of Anna, Texas. Section 3. The service plan providing for the extension of municipal services into the annexed area and attached to this ordinance as Exhibit B is hereby adopted. The City Secretary is hereby directed to file with the County Clerk of Collin County, Texas, a certified copy of this ordinance. Annexation — WKG Enterprises Page 1 of 2 April 13, 2004 PASSED on this the 13th day of April, 2004, by the following vote of all members of the City Council as present: AYES NAYS ABSTAIN APPROVED: ATTEST: Mayor City Secretary Annexation — WKG Enterprises Page 2 of 2 April 13, 2004 ANNEXATION SERVICE PLAN WKG ENTERPRISES 2.00 ACRE TRACT APRIL, 2004 CODE ENFORCEMENT Code Enforcement includes activities of inspecting properties and buildings and securing compliance with adopted ordinances and codes relative to the following: (1) Tall grass and weeds (except for agricultural and ranch properties) (2) Trash and debris (3) Stagnant water and unsanitary conditions (4) Junked vehicles and parts (5) Junked appliances and materials (6) Enforcement of the Minimum Housing Code pertaining to maintenance and habitability of existing housing City code enforcement activities will be conducted in newly annexed territories under the same terms and on the same schedule and using the same procedures as for other areas inside the corporate limits. Code enforcement services will be implemented immediately upon the effective date of this ordinance. SOLID WASTE, BRUSH, AND REFUSE COLLECTION SERVICES Refuse Service Citizens in newly annexed areas will receive solid waste (trash), brush, and refuse service in accordance with existing city ordinances. Generally, the ordinances provide residential pick-up service of plastic bags and metal cans of not larger than 20 gallons in. size at curbside or streetside twice per week for a fee that is established by the city council. Most large objects can be picked up on an as -needed basis. The solid waste customer must arrange for large object Page 1 of 6 pick-up by calling the City of Anna (97M24-3325). Existing solid waste collection service routes will be extended to cover annexed areas. The City currently contracts with a private firm that provides solid waste collection services. The individual customer will be provided information regarding solid waste collections services when the customer makes his/her water and/or sanitary sewer service deposit. These services will be implemented within sixty (60) days of the effective date of the ordinance of which this service plan is a part. Residents of the newly annexed area that have existing contracts with solid waste service providers have one year from the date of annexation or until termination date of the existing contract, whichever is sooner, to begin solid waste collection service through the City. Solid waste collection is mandatory for City of Anna residents. Commercial and/or industrial businesses may contract individually with private solid waste service provider(s). All solid waste service providers operating within the city limits of the City of Anna must comply with all state and local laws, regulations, and ordinances. PLANNING, ZONING AND MAPPING The function of planning, zoning, and mapping is to implement ordinances relating to zoning classifications within the City and to provide mapping resources. Zoning functions include the following: (1) Provide proper zoning classification of properties within the City. Zoning is a tool to designate the uses of property, such as residential, business, agricultural, industry, etc. Proper zoning ensures the best use for the property and, at the same time, protects adjacent properties from mixed uses that reduce property value and lower the quality of life for adjacent property owners and residents. It also regulates parking, building heights, lot coverage, noise pollution, setbacks, and regulations relating to the use of property. (2) Enforce zoning ordinances relating to uses permitted, parking, lot coverage, minimum building area, storage, heights, and other items. (3) Implement and enforce subdivision and plat requirements. (4) Provide assistance to citizens building on their property arid handle complaints relating to land use and zoning. Mapping and drafting functions include the following: Page 2 of 6 (1) Provide mapping resources of new territories, zoning, streets, water and sewer lines, easements, right-of-ways, subdivisions, lots, and other related matters. (2) Assist citizens in matters related to their properties and maps containing requested information. These services will be provided to residents and property owners in newly annexed territories on the some basis as they are provided to residents and property owners in the existing incorporated area. Planning, zoning, and mapping services will be implemented immediately upon the effective date of this ordinance. FIRE PROTECTION SERVICES The City is served by the Anna Volunteer Fire Department, a private non-profit corporation. Fire protection services provided by the Anna Volunteer Fire Department to the City include response to fire calls and inspection of commercial and industrial structures for code violations. All fire protection services provided by the Anna Volunteer Fire Department within the existing corporate limits will be provided within the newly annexed area upon the effective date of the annexation. Volunteers are available for consultation on fire prevention on request by citizens ind/or property owners of the community. Fire protection services will be implemented immediately upon the effective date of this ordinance. STREET MAINTENANCE The street maintenance function is primarily supported from ad valorem (properly) and sales taxes. Maintenance activities are determined by the level of funding and the need for maintenance as determined by the city council. Once the annexation of property included in this ordinance has been completed, all streets, roads, and bridges included in the annexed area will be added to the City's street maintenance program. Roadways in the newly annexed area will receive equal consideration with regard to maintenance as those within the existing corporate limits. Page 3 of 6 Street maintenance services will be implemented immediately upon the effective date of this ordinance or after the acceptance by the City of the streets in a new subdivision, whichever is appropriate. WASTEWATER SERVICES Citizens in newly annexed areas will be offered sanitary sewer service in accordance with existing City ordinances. Generally these ordinances state that the customer must bear the cost A construction of sewer system facilities to a point where service to the customer can be provided. All sanitary sewer facilities must be constructed in accordance with Texas Commission on Environmental Quality, Texas Department of Insurance, and City of Anna regulations and specifications. The policy for private service lines will remain the same as exists in the current city limits. That is, the City will maintain main transmission lines only. Only one connection per structure is permitted without specific written approval from an authorized official of the City. Sanitary sewer service rates will be assessed at the same rate as established for other city customers in the same use classification. Sanitary sewer service provided by the City of Anna is not expected to be available to this property in the foreseeable future. The property owner and City agree that if such service shall be made available to the property through extension of the City's sanitary sewer system, the property owner may then be required to connect to the City's system. WATER SERVICES Residents and property owners in the annexed area will be offered water service in accordance with existing City ordinances. Generally, these ordinances state that the customer must bear the cost of construction of water system facilities to a point where suitable connection to the existing system can be made and service to the customer can be provided. Water service facilities designed to connect an unserved area to the City's existing system must be approved by the City Council and meet all City zoning, subdivision, and other relevant requirements. All water mains must be constructed in accordance with Texas Commission on Environmental Quality, Texas Department of Insurance, and City o4 Anna regulations and specifications. The property annexed through this ordinance is located within the area certificated for water service to the North Collin Water Supply Corporation. It is anticipated that the property will be served by the North Collin WSC unless agreement between the City of Anna and- North Collin WSC is reached to enable the City of Anna to provide such service. The service and facilities provided in the North Collin certificated area must meet City of Anna subdivision and other regulations and standards for water service, unless written variance from those regulations and standards is given by the City. If water service is provided by the City, the policy for private service lines will remain the same as exists in the current City limits. That is, the City will maintain water lines from the water main to the water meter. All repairs/maintenance from the meter to the point of usage is the property owner's responsibility. Water service rates will be assessed at the same rate as established for other city customers in the same use classification. Water service provided by the City of Anna is not expected to be available to this property in the foreseeable future. The property owner and City agree that if such service shall be made available to the property through extension of the City 's water system, the property owner may then be required to connect to the City's system, under terms and conditions described above. I hereby approve this Annexation Service Plan. Property Owner ACKNOWLEDGEMENT THE STATE OF § COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared Page 5 of 6 known to me to be the person(s) whose name(s) is (are) subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this Notary Public in and for Approved by City Mayor ACKNOWLEDGEMENT THE STATE OF. § COUNTY OF § day of , 2004. l�EFORE ME, the undersigned authority, on this day personally appeared County, Texas known to me to be the persons) whose names) is (are) subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of Notary Public in and for 2004. County, Texas Page 6 of 6