HomeMy WebLinkAboutOrd 931-2021 Annexing 289.8± Acres (Villages at Hurricane Creek) RECORDEDh li'� !J '. li ►' ►i U U � !!
CITY OF ANNA, TEXAS
ORDINANCE NO. N - !, QU I
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
ATE
HNAFTER DESCRIBED PROPERTY WITHIN SAID MUNICIPAL CORPOR
EREI
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: 289.751 acres of land, more or less, situated in the J. Kincade Survey, Abstract
Number 509, the J. Boyle Survey, Abstract Number 105, the J. Roberts Survey, Abstract Number
760, the J. Ellet Survey, Abstract Number 296, and the W. Rattan Survey, Abstract Number 752,
Collin County, Texas, being all of that land described in deed to MM Anna 325, LLC Tract 1
recorded in Instrument Number 20190411000386110 of the Official Public Records of Collin
County, Texas (O.P.R.C.C.T.); and
WHEREAS, the land being annexed under this ordinance (the "Annexation Tract") is described
more specifically in EXHIBIT A, attached hereto; and
WHEREAS, the Annexation Tract is wholly located with the City's extraterritorial jurisdiction;
and
WHEREAS, on or about May 5, 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. a� � -- �'t kf� ;1 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 o
3. The fficial 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 24TH DAY OF AUGUST 2021.
City of Anna, Texas
Ordinance No.
CITY OF
MAYOR
Page 2 of 2
1 OF 4
DESCRIPTION:
BEING that certain tract of land situated in the J. Kincade Survey, Abstract Number 509, the J. Boyle
Survey, Abstract Number 105, the J. Roberts Survey, Abstract Number 760, the J. Ellet Survey, Abstract
Number 296, and the W. Rattan Survey, Abstract Number 752, Collin County, Texas, being all of that
land described in deed to MM Anna 325, LLC Tract 1 recorded in Instrument Number
20190411000386110 of the Official Public Records of Collin County, Texas (O.P.R.C.C.T.) and being more
particularly described by metes and bounds as follows:
BEGINNING at the most southerly southeast corner of said MM Anna 325, LLC Tract 1 and being in the
north line of that tract of land described in deed to CADG Hurricane Creek, LLC Tract 2 recorded in
Instrument Number 201505290000631020 of said O.P.R.C.C.T.;
THENCE N 00° 42' 12" W, 232.26 feet;
THENCE S 880 18' 50" W, 793.96 feet to the south line of said MM Anna 325, LLC Tract 1 and being in the
northeast corner of said CADG Hurricane Creek LLC (Tract 1);
THENCE along the common line between said MM Anna 325, LLC Tract 1 and said CADG Hurricane Creek
LLC (Tract 1) the following bearings and distances:
S 890 05' 29" W, 1757.67 feet;
S 880 18' 31" W, 742.84 feet;
S 880 59' 33" W, 427.28 feet;
THENCE departing said CADG Hurricane Creek, LLC Tract 1 along the common line between said MM
Anna 325, LLC Tract 1 and that tract of land described in deed to Blue Spruce L.P. recorded in Instrument
Number 19940826000793830 of the O.P.R.C.C.T. the following bearings and distances:
N 610 49' 20" E, 205.61 feet;
N 190 24' 17" E, 181.73 feet;
N 380 49' 43" E, 172.63 feet;
N 200 25' 25" E, 121.13 feet;
N 490 53' 58" E, 215.37 feet;
N 040 32' 42" E, 69.40 feet;
THENCE N 300 41' 24" W, 236.43 feet departing said Blue Spruce L.P. tract along the common line of said
MM Anna 325, LLC Tract 1 and that tract of land described in deed to Kimberly Powell recorded in
Volume 5820 Page 2130 of the O.P.R.C.C.T.;
Thence continuing along said MM Anna 325, LLC Tract 1 and said Kimberly Powell tract the following
bearings and distances:
14' 27" W, 129.45 feet;
N 11° 58' 09" W, 106.75 feet;
EXHIBIT A
2 JF 4
N 09° 26 49 W, 132.42 feet;
N 17° 32' 12" W, 108.70 feet;
THENCE N 030 35' 21" E, 118.10 feet departing said Kimberly Powell tract along the common line of said
MM Anna 325, LLC Tract 1 and that tract of land described in deed to Harrison and Janet Smith recorded
in Instrument Number 19920612000392310 of the O.P.R.C.C.T.;
THENCE continuing along said MM Anna 325, LLC Tract 1 and said Kimberly Powell tract the following
bearings and distances:
N 16° 24' 37" E, 135.67 feet;
N 06° 20' S7" E, 127.72 feet;
N 18° 30' 44" E, 70.24 feet;
N 10° 53' S3" E, 77.78 feet;
N 19° 15' 05" E, 240.38 feet;
THENCE departing said Harrison and Janet Smith tract along the common line of said MM Anna 325, LLC
Tract 1 and that tract of land described in deed to Dasara, LLC recorded in Instrument Number
20150123000077570 of the O.P.R.C.C.T. the following bearings and distances:
N 590 17' 04" E, 231.36 feet;
N 39° 06' 49" E, 113.71 feet;
N 180 28' 30" E, 79.37 feet;
N 450 20' 55" E, 130.09 feet;
N 240 01' 10" E, 163.50 feet;
N 290 16' 45" E, 139.03 feet;
N 070 19' 23" W, 145.67 feet;
N 220 22' 47" E, 72.91 feet;
N 660 09' 44" E, 68.86 feet;
N 490 46' 52" E, 125.19 feet;
N 25° 25' 25" E, 105.50 feet;
N 41° 12' 53" E, 204.93 feet;
N 44° 25' 31" E, 122.72 feet;
N 40° 33' 22" E, 129.29 feet;
E, 105.14 feet;
EXHIBIT A
30F4
THENCE N 300 43' 16" E, 12.80 feet departing said Dasara, LLC tract across the common line of said MM
Anna 325, LLC Tract 1 and that tract of land described in deed to Donna Peeler recorded in Volume 4972
Page 5535 of the O.P.R.C.C.T.;
THENCE departing said Donna Peeler tract along the common line of said MM Anna 325, LLC Tract 1 and
that tract of land described in deed to Risland Mantua LLC recorded in Instrument Number
20180625000783630 of the O.P.R.C.C.T. the following bearings and distances:
N 88° 46' S2" E, 274.56 feet;
N 89° 03' 01" E, 938.03 feet;
THENCE departing said Risland Mantua LLC tract along the common line of said MM Anna 325, LLC Tract
1 and that tract of land described in deed to Hurricane Creek Estates (Unrecorded) the following
bearings and distances:
S 02° 31' 07" E, 46.18 feet;
S 00° 43' S5" E, 239.62 feet;
34" E, 240.98 feet;
S 000 35' 30" E, 240.11 feet;
S 000 46' 25" E, 193.73 feet;
S 000 41' S1" E, 159.37 feet;
S 02° 15' 50" W, 136.17 feet;
S 00° 41' 12" E, 117.45 feet;
N 430 06' 55" E, 28.85 feet;
N 360 57' 57" E, 59.11 feet;
S 810 37' 00" E, 76.35 feet;
N 640 47' 48" E, 51.43 feet;
S 230 02' 34" E, 61.07 feet;
N 530 19' 07" E, 45.87 feet;
S 820 24' 22" E, 25.36 feet;
S 390 57' 49" E, 56.11 feet;
S 48° 02' S9" E, 22.02 feet;
THENCE departing said Hurricane Creek Estates tract along the common line of said MM Anna 325, LLC
Tract 1 and that tract of land described in plat to Urban Crossing Block B tract recorded in Instrument
Number 2013-568 of the Plat Records, Collin County, Texas (P.R.C.C.T.) the following bearings and
distances:
S 02° 04 20 E, 28.82 feet;
S 00° 05 05 E, 119.18 feet;
E, 602.59 feet;
E, 933.16 feet;
E, 491.23 feet;
THENCE S 040 03' 22" E, 703.80 feet departing said Urban Crossing Block B tract along the common line
of said MM Anna 325, LLC Tract 1 and that tract of land described in deed to Sheikh Alam tract recorded
in Volume 4335 Page 955, to the most northerly northwest corner of a tract of land described in deed to
Mantua 30 Partners, LTD recorded in Instrument Number 20201022001847220 of said O.P.R.C.C.T.;
THENCE following the common line of said MM Anna 325, LLC Tract 1 and said Mantua 30 Partners, LTD
Tract the following bearings and distances:
S 88° 44' 00" W, 60.25 feet to the beginning of a curve to the right;
With said curve to the right, having an arc distance of 99.55 feet, through a central angle of 03°
42' 13", having a radius of 1,540.00 feet, and the long chord which bears S 13° 52' 00" W, 99.53
feet;
S 150 43' 07" W, 512.37 feet to the beginning of a curve to the left;
With said curve to the left, having an arc distance of 504.39 feet, through a central angle of 30°
06' 13", having a radius of 960.00 feet, and the long chord which bears S 00° 40' 00" W, 498.61
feet passing at a distance of 30.78 feet, the east line of said MM Anna 325, LLC Tract 1 and the
northeast corner of a tract of land to MM Anna 325, LLC recorded in Instrument Number
20201201002152900 of said O.P.R.C.C.T.,
THENCE following along the common line of said MM Anna 325, LLC Tract and Mantua 30 Partners, LTD
Tract the following bearings and distances:
S 140 23' 07" E, 120.30 feet to the most southerly southeast corner of said MM Anna 325, LLC
Tract 1 and the northeast corner of said CADG Hurricane Creek, LLC Tract 2 to the beginning of a
curve to the right;
With said curve to the right, having an arc distance of 101.47 feet, through a central angle of 12°
30' 04", having a radius of 465.07 feet, and the long chord which bears S 08° 14' 28" E, 101.27
feet;
S 010 59' 25" E, 283.25 feet to the north line of a tract of land to Anna Investments, LLC recorded
in Instrument Number 20180622000777080 of said O.P.R.C.C.T.;
THENCE S 890 04' 42" W, 1,264.39 feet to the POINT OF BEGINNING and containing 289.751 acres or
12,621,555 square feet more or less.
This document was prepared under 22 Texas Administrative Code 138.95, does not reflect the results of an on the ground survey, and is not to
be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration
of the boundary of the political subdivision for which it was prepared."
This Agreement Regarding Services (this "Agreement" or "Service Plan") is entered into
this 24th day of August, 2021 by and between MM Anna 325, LLC and the City of Anna,
Texas a home rule municipality.
The real property that is the subject of this Service Plan is described as follows:
Villages of Hurricane Creek —North also known as Sherley Tract. 289.8±acres located
on the west side of Standridge Boulevard and 1,334± feet north of Suzie Lane.
This Agreement is conditioned on the City of Anna City Council adopting an ordinance
annexing the Subject Property described above. 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
O
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 time4o4ime 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
boundarles. 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.
TERM
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.
AMENDMENTS
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
Page 4 of 6
conform to the changed conditions or subsequent occurrences pursuant to Texas
Local Government Code, Section 43.056.
CONFLICTS
To the extent there is a conflict between this Service Plan and the Sherley Tract
Subdivision Improvement Agreement entered into between the City, BFB ANA 40
Acres, LLC, and the Developer, effective as of June 9, 2020, as amended (the
"Development Agreement"), the Development Agreement shall control.
Owner:
MM Anna 325, LLC,
a Texas limited liability company
By: MMM Ventures, LLC,
a Texas limited liability company
Its Manager
By: 2M Ventures, LLC,
a Delaware limited liability company
Its Manager
By:
Name: Mehrdad Moayedi
Its: Manager
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _17L" day of t"uS� , 2021 by
Mehrdad Moayedi, Manager of 2M Ventures, LLC, as Manager of MMM Ventures, LLC, as
Manager of MM Anna 325, LLC, a Texas limited liability company on behalf of said company.
"""'� GRAHAM MAXEY
a'e�e�• j�, ��Notary Public, State of Texas
°V%', � CoExpires 24
Notary ID132473474
Notary Public, State of Texas
Page 5 of 6
IN WITNESS WHEROF:
STATE OF TEXAS §
COUNTY OF COLLIN §
This instrument was acknowledged before me on the a? day of _�� �Vr�, 2021, by Jim
Proce as representative of the City of Anna.
wV
t T.. oTexas
=•: :m_ My Notary ID # 11419404
•y
+;F• ;.� ±'.' Exores February a, 2023
rhea ana rtecoraea
Official Public Records
Stacey Kemp, County Clerk
Collin County. TEXAS
09/03/2021 11:03:13 AM
$70.00 DKITZMILLER
20210903001796210
Page 6 of 6