HomeMy WebLinkAboutOrd 898-2021 Annexing 27.8±Acres (Sweet Cow Addition) RECORDEDso091 r o•U I u ,W10
CITY OF ANNA, TEXAS
ORDINANCE NO. 6 � Qcla l
AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO
THE CITY OF ANNA, COLLIN COUNTY, TEXAS, AND EXTENDING THE
BOUNDARY LIMITS OF SAID MUNICIPALITY SO AS TO INCLUDE SAID
HEREINAFTER DESCRIBED PROPERTY WITHIN SAID MUNICIPAL CORPORATE
LIMITS AND GRANTING TO ALL THE INHABITANTS OF SAID PROPERTY ALL
THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID
INHABITANTS BY ALL OF THE ACTS, ORDINANCES, RESOLUTIONS, AND
REGULATIONS OF SAID CITY AS SET FORTH HEREIN; PROVIDING A
REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Chapter 43 of the Texas Local Government Code authorizes the annexation of
territory, subject to the laws of this state; and
WHEREAS, the City of Anna, Texas (the "City") is a Texas home -rule municipality; and
WHEREAS, Section 43.0671 of the Texas Local Government Code authorizes a municipality to
extend the boundaries of the municipality and annex areas by request of the owner(s) of the
areas; and
WHEREAS, the procedures prescribed by the Texas Local Government Code and the laws of
this state have been duly followed with respect to the City's annexation of following described
territory, to wit: 27.806 acres of land, more or less, situated in the J. C. Brantley Survey, Abstract
No. 114, in Collin County, Texas, and being all of that tract of land, described by deed to
Kenneth W. O'Neal, as recorded in Volume 2874, Page 62, of the Deed Records, Collin County,
Texas (D.R.C.C.T.), and also being the remainder of that tract of land, described by deed to
Kathyene Rae Boring, as recorded in Volume 4716, Page 2511, D.R.C.C.T.; and
WHEREAS, the land being annexed under this ordinance (the "Annexation Tract") is described
more speccally in EXHIBIT A, attached hereto; and
WHEREAS, the Annexation Tract is wholly located with the City's extraterritorial jurisdiction;
and
WHEREAS, on or about February 3, 2021, the respective owners of the Annexation Tract
submitted a written request to the City for annexation of said tract into the corporate limits of the
City and the City and said owners have entered into a written agreement regarding municipal
services to be provided by the City in accordance with Texas Local Government Code § 43.0672
and said written agreement is as set forth in EXHIBIT B, attached hereto; and
WHEREAS, the City timely published notice and held a public hearing on this annexation at a
duly noticed public meeting in accordance with the laws of this state;
City of Anna, Texas Ordinance No. Page 1 of 2
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS:
SECTION 1. The recitals set forth above are hereby incorporated in this ordinance as if set forth
in full for all purposes.
SECTION 2. The Annexation Tract is hereby annexed into the corporate boundary limits of the
City of Anna, Collin County, Texas, and that said corporate boundary limits of the City of Anna
be and the same are hereby extended to include the above described territory within the corporate
limits of the City, and the same shall hereafter be included within the territorial limits of the City,
and the inhabitants thereof shall hereafter as set forth be entitled to all the rights and privileges of
other similarly situated citizens of the City of Anna and they shall be bound by the acts,
ordinances, resolutions, regulations and all other legal acts of said city.
SECTION 3. The official map and boundaries of the City of Anna are hereby amended and
revised so as to include the area annexed, and to reflect the expansion of the City's extraterritorial
jurisdiction resulting from such annexation and the City Manager is directed to take all actions
necessary to make said changes to the official boundary map of the City.
SECTION 4. The City Secretary is hereby directed to file a certified copy of this ordinance and
the amended official boundary map referenced in Section 3 with the with the County Clerk of
Collin, Texas and the Texas Comptroller's Office.
SECTION 5. It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs and sections of this ordinance be severable, and if any phrase,
clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the
valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall
not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this
ordinance, and the remainder of this ordinance shall be enforced as written.
SECTION 6. All ordinances and parts thereof in conflict herewith are hereby expressly
repealed insofar as they conflict herewith.
SECTION 7. This ordinance shall become effective immediately upon the date and time of its
adoption and it is accordingly so ordained.
PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS, THIS THE 23rd DAY OF MARCH 2O21. // ,,
CITY OF
YOR
City of Anna, Texas Ordinance No. � 9 _ Page 2 of 2
Being a tract of land, situated in the J. C. Brantley Survey, Abstract No. 114, in Collin
County, Texas, and being all of that tract of land, described by deed to Kenneth W. O'Neal,
as recorded in Volume 2874, Page 62, of the Deed Records, Collin County, Texas
(D.R.C.C.T.), and also being the remainder of that tract of land, described by deed to
Kathyene Rae Boring, as recorded in Volume 4716, Page 2511, D.R.C.C.T., said tract being
more particularly described as follows:
BEGINNING at a 1/2" iron rod found in the westerly line of said Boring tract, same being
the northeasterly corner of a tract of land, described by deed to Stonehollow Homes, LLC,
as recorded under Document No. 20180125000096980, of the Official Public Records, Collin
County, Texas (O.P.R.C.C.T), said corner being in the southerly monumented line of
County Road No. 376;
THENCE South 88°16'23" East, along the southerly monumented line of County Road No.
376, same being over and across said Boring tract, a distance of 754.53' to a 1/2" iron rod
with a yellow plastic cap stamped "RPLS 5686" set (herein after referred to as a capped
iron rod set) for the northeasterly corner of the herein described tract, same being in the
easterly line of said Boring tract, from which a 1/2" iron rod found beats, North 01°38'20"
East, a distance of 40.50',
THENCE South O1°38'20" West, along the easterly line of said Boring and O'Neal tracts, a
distance of 792.00' to a point for corner, being the northeasterly corner of a tract of land,
described by deed to James Elrod, as recorded under Document No. 20190422000426450,
O.P.R.C.C.T., from which a 1/2" iron rod found bears, North 88122'37" West, a distance of
0.48';
THENCE North 88°22'37" West, along the northerly line of said Elrod tract, a distance of
280.63' to a 1/2" iron rod found for the northwesterly corner of said Elrod tract,
THENCE South O1°37'0nil West, along the westerly line of said Elrod tract, a distance of
787.78' to a 1/2" iron rod found for the southwesterly corner of said Elrod tract, same being
in the northerly monumented line of County Road No. 427;
THENCE along the northerly and northeasterly monumented line of said County Road No.
427, the following 5 (five) courses and distances:
South 87°17'00" West, a distance of 76.14' to a capped iron rod set for an angle point;
North 76157'00"" West, a distance of 109.39' to a capped iron rod set for an angle point;
North 62°49'0" West, a distance of 542.20' to a 1/2" iron rod found for an angle point;
North 60°38'00" West, a distance of 116.00' to a 1/2" iron rod found for corner;
North 58°38'00" West, a distance of 375.81' to a capped iron rod set for the most westerly
corner of the herein described tract, same being in the most southerly southeast line of the
aforementioned Stonehollow Homes, LLC tract, from which a 1/2" iron rod found bears,
South 3610239" East, a distance of 20.36';
THENCE along the common line between said Stonehollow Homes, LLC, O'Neal and
Boring tracts, the following 3 (three) courses and distances:
North 36°02'39" East, a distance of 350.43 to a 1/2" iron rod found for coi nei ;
South 89°37'25" East, a distance of 427.20' to airon rod found for cornea;
North O1°47°19" East, passing the southwesterly corner of said Boring tract, at a distance
of 337.54', and continuing in all, a total distance of 792.49' to the POINT OF BEGINNING
and containing 27.806 acres of land, more or less.
AGREEMENT REGARDING SERVICES
This Agreement Regarding Services (this "Agreement" or "Service Plan") is entered into
this 23rd day of March, 2021 by and between Kenneth O'Neal, Kathyene Boring, and
the City of Anna, Texas a home rule municipality.
SUBJECT PROPERTY
The real property that is the subject of this Service Plan is described as follows:
Sweet Cow Addition. 27.8± acres located on the south side of County Road 376 3 910±
feet east of N Powell Parkway (State Highway 5).
AGREEMENT CONDITIONED ON ANNEXATION
This Agreement is conditioned on the City of Anna City Council adopting an ordinance
annexing the Subject Property described above on or before the 23rd day of March, 2021.
If the City Council does not adopt such ordinance on or before said date then this
Agreement shall be null and void in its entirety. Nothing in this Agreement shall require
the City Council to annex the Subject Property.
POLICE PROTECTION
On the effective date of annexation, the City of Anna, Texas and its Police Department
will provide police protection to the newly annexed area at the same or similar level of
service now being provided to other areas of the City of Anna, Texas with similar
topography, land use, and population density within the newly annexed area.
FIRE PROTECTION
On the effective date of annexation, the City of Anna, Texas and its Fire Department will
provide fire protection to the newly annexed area at the same or similar level of service
now being provided to other areas of the City of Anna, Texas with similar topography,
land use, and population density within the newly annexed area.
Page 1 of 6
EMERGENCY MEDICAL SERVICES
On the effective date of annexation, the City of Anna, Texas, through its contract with
Collin County or another service provider, will provide emergency medical services to the
newly annexed area at the same or similar level of service now being provided to other
areas of the City of Anna, Texas with similar topography, land use, and population density
within the newly annexed area.
SOLID WASTE COLLECTION
On the effective date of annexation, the City of Anna, Texas, through its contract with
CARDS Dallas, Inc. or another service provider, will provide solid waste collection to
residents and businesses in the newly annexed area (to the extent that the service
provider has access to the area to be serviced) at the same or similar level of service now
being provided to other areas of the City of Anna, Texas with similar topography, land
use, and population density within the newly annexed area. Such service will be provided
in accordance with existing City policies and Ordinances, and only upon payment of any
required deposits and the agreement to pay lawful service fees and charges for solid
waste collection. Solid waste collection through a subscription with the City's solid waste
franchisee is mandatory for City of Anna residents and businesses operating within the
city limits unless provided for otherwise by ordinance.
WATER AND WASTEWATER FACILITIES
On the effective date of annexation, any and all water or wastewater facilities owned by
the City of Anna, Texas at the time of annexation shall be maintained and operated by
the City of Anna, Texas. Of such facilities, the City will maintain the main water
transmission and wastewater collection lines. All water and wastewater service lines from
the building to the easement or right-of-way line, shall be maintained by the property
owner served by the service connection.
Residents and owners of property in newly annexed areas that are located within the
City's water or wastewater CCN will be offered water and wastewater service in
accordance with City policies and ordinances in existence at the time of annexation or as
may be amended from time -to -time by the City Council. Generally, these ordinances
state that the landowner or customer must bear the cost of construction of water and
wastewater system facilities to a point where suitable connection to the existing system
can be made and service to the customer can be provided. All water and wastewater
facilities designed to connect to the City's existing system must be approved by the City
and meet all City zoning, subdivision, and other development ordinances and
requirements.
Page 2 of 6
ROADS AND STREETS
On the effective date of annexation, any and all existing public roads or streets in the
newly annexed area which have been dedicated to Collin County, Texas or to the City of
Anna, Texas, or which are owned by the City of Anna, Texas shall be maintained to the
same degree and extent that other roads and streets are maintained in areas of the City
with similar topography land use and population density. Specific maintenance activities
are determined by available funding and the need for maintenance as determined by the
City. The City is not obligated to maintain any portion of a private road or street. Any and
all lighting of roads and streets which may be positioned in a public right of way, roadway
or utility company easement shall be maintained by the applicable utility company
servicing that area of the City of Anna, Texas pursuant to the rules regulations and fees
of such utility.
An owner of land within the newly annexed area that desires to develop said property will
be required pursuant to the ordinances of the City of Anna, Texas to provide internal and
peripheral streets and to construct those streets in accordance with the specifications
required by the City of Anna, Texas,
PARKS PLAYGROUNDS AND SWIMMING POOLS OR ANY
OTHER PUBLICLY OWNED FACILITY BUILDING OR SERVICE
The City Council of the City of Anna, Texas is not aware of the existence of any public
parks, public playgrounds, public swimming pools, or any other publicly owned facility,
building or service now located in the area proposed for annexation. In the event any
such parks, playgrounds, swimming pools, or any other public facilities, buildings or
services do exist and are public facilities, the City of Anna, Texas will maintain such areas
upon annexation to the same extent and degree that it maintains public parks, public
playgrounds, public swimming pools, other public facilities buildings or services and other
similar areas of the City now incorporated in the City of Anna, Texas.
To the extent that it becomes necessary because of development demands population
growth or a bona fide need, the City Council of the City of Anna, Texas will undertake to
provide any such facility which it deems necessary to adequately provide for the health
and safety of the citizens of the newly incorporated area based upon the standard
considerations of topography, land use and population density.
OTHER MUNICIPAL SERVICES
Following annexation by the City of Anna, Texas, the City will provide code enforcement,
planning, and animal control services to the newly annexed area, to the extent such
services are funded in the annual budget and provided by the City within its full -purpose
boundaries. In addition, the City will provide other municipal services that the City may
from time to time provide to other similarly situated areas within the City's corporate limits.
The services referenced in this paragraph will be provided to the newly annexed area at
Page 3 of 6
the same or similar level of service now being provided to other areas of the City of Anna,
Texas with similar topography, land use, and population density within the newly annexed
area.
CONSTRUCTION OF CAPITAL IMPROVEMENTS
The City Council of the City of Anna, Texas finds and determines it may be necessary to
acquire or construct specific capital improvements for the purposes of providing full
municipal services to the newly annexed area. These capital improvements shall be
constructed as part of the development of the property and may be eligible for impact fee
reimbursement. Subject to the foregoing, the City Council finds and determines that it has
at the present time adequate facilities to provide the same type, kind and level of service
which exists in and is presently being administered to other areas already incorporated in
the City of Anna, Texas with the same or similar topography, land use and population
density.
SPECIFIC FINDINGS
The City Council of the City of Anna, Texas finds and determines that this Service Plan
will not provide any fewer services and it will not provide a lower level of service in the
area proposed to be annexed than were in existence in the proposed area at the time
immediately preceding the annexation process. Furthermore, the City Council of the City
of Anna, Texas finds and determines that the rural nature of the area is characteristically
different from other more highly developed areas within the corporate limits of the City of
Anna, Texas. Consequently because of the differing characteristics of topography, land
use, and population density the service levels which may ultimately be provided in the
newly annexed area may differ somewhat from services provided in other areas of the
City of Anna, Texas. These differences are specifically dictated because of differing
characteristics of the property. The City of Anna, Texas will undertake to perform
consistent with this contract so as to provide this newly annexed area with the same type,
kind and quality of service presently enjoyed by the citizens of the City of Anna, Texas
who reside in areas of similar topography, land use and population density.
This Agreement shall be valid for a term of ten (10) years. Renewal of this
Agreement shall be at the discretion of the City Council.
This Service Plan may be amended if the City Council determines at a public
hearing that changed conditions or subsequent occurrences make this Service
Plan unworkable or obsolete. The City Council may amend the Service Plan to
conform to the changed conditions or subsequent occurrences pursuant to Texas
Local Government Code, Section 43.056.
Owners :
By
Name
Title:
Kenneth O'Neal
IN WITNESS WHEROF:
STATE OF TEXAS §
COUNTY OF COLLIN §
This instrument was acknowledged before me on the 1sJ*j day of
20, by k.-e o A e U,4j-ea as owner of An�-r— ° , .
Notary P bli , Sta of Texas
v,11
IN WITNESS WHEROF:
STATE OF TEXAS §
COUNTY OF COLLIN §
This instrument was acknowledged before me on the
as owner of i4nnc.
Page 5 of 6
of Texas
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IN WITNESS WHEROF:
STATE OF TEXAS §
COUNTY OF COLLIN §
This instrument was acknowledged before
Proce as representative of the City of Anna.
�'"Y "` 0 CARRIE L. LAND
,.
My Notary ID # 11419404
Expires Fetxuary 4t 2O
OF
me on the 23rd day of March, 2021, by Jim
Notary Public, State of Texas
[SEAL]
1-118d and KBCOrded
Official Public Records
Stacey Kemp, County Glerk
Collin County, TEXAS
09l03/2021 11:03:13 AM
$62.00 DKITZMILLER
20210903001796230