HomeMy WebLinkAboutOrd 948-2021 Annexing 24.8± Acres (Cedar Ridge Estates, Ph 2) RECORDED20220331000522130 03/3112022 02:40;22 PN 00 1111
CITY OF ANNA, TEXAS
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: 24.82 acre tract of land situated within the Josiah C. Brantley Survey, Abstract
No. 114, City of Anna Extraterritorial Jurisdiction, Collin County, Texas and being the same
tract of land as described in the deed to The NICD Limited Partnership recorded in Volume
5878, Page 4689 of the Deed Records of Collin County, Texas (hereafter referred to as the NICD
Tract); 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 September 1, 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. $- �g�i 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 irrrrnediately 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 26TH DAY OF OCTQ�ER�EO�,�
OF ,
,` . • ° ° ° ° VY OF ANNA S J0
PIKE, MAYOR
City of Anna, Texas Ordinance No. ��.} �-��� Page 2 of 2
A4 MM I 1 0 M
BEING a 24.82 acre tract of land situated within the Josiah C. Brantley Survey, Abstract No. 114, City of
Anna Extraterritorial Jurisdiction, Collin County, Texas and being the same tract of land as described in
the deed to The NICD Limited Partnership recorded in Volume 5878, Page 4689 of the Deed Records of
Collin County, Texas (hereafter referred to as the NICD Tract), Said 24.82 acre tract of land surveyed on
the ground in August of 2021 under the direction and supervision of Robert A. Hansen, Registered
Professional Land Surveyor No. 6439 (the Basis of Bearings is Grid North as established by GPS
observation utilizing the Texas Coordinate System of 1983, North Central Zone) and being more
particularly described by metes and bounds as follows:
BEGINNING at a 1/2-inch iron rod found at the northeast corner of said NICD Tract, from which a found
1/2-inch iron pipe bears SOUTH 42 degrees 25 minutes 13 seconds WEST, 7.97 feet, and a 1/2-inch
capped iron rod stamped "PRECISE LAND SURV." found at an angle point in the north line of a called
17.268 acre tract of land as described in the deed to TEX PROPERTIES GROUP, LLC recorded under
Document No. 20200205000166180 of the Official Public Records of Collin County, Texas bears SOUTH
58 degrees 44 minutes 50 seconds EAST, 104.54 feet, and being on the southwest right of way line of
County Road 427, a generally recognized variable width public right of way, no recording document
found;
THENCE SOUTH 35 degrees 31 minutes 39 seconds WEST, 771.65 feet with the common line of said
NICD Tract and said called 17.268 acre tract of land to a 3-inch steel fence corner post found
at a re-entrant corner of said NICD Tract and common with a salient corner of said 17.268
acre tract of land;
THENCE SOUTH 02 degrees 58 minutes 10 seconds EAST, 734.21 feet with the common line of said
NICD Tract and said called 17.268 acre tract of land to a 1/2-inch capped iron rod stamped
"1519 SURVEYING" set at the south common corner of said NICD Tract and said called 17.268
acre tract of land, being on the north line of Block B of Sweetwater Crossing, Phase II
recorded under Document No. 20200512010001640 of said Official Public Records, from
which a 1/2-inch capped iron rod stamped "SGL PLS 3664" found at the north common
corner of Lots 22R and 21R of said Block B bears SOUTH 89 degrees 11 minutes 00 seconds
EAST, 3.09 feet;
THENCE NORTH 89 degrees 11 minutes 00 seconds WEST, 1,695.63 feet with the south line of said
NICD Tract, common with the north line of said Block B and the north line of Block F of
Sweetwater Crossing recorded under Document No. 20051208001724030 of said Official
Public Records to a 1/2-inch iron rod found on the east right of way line of the Dallas Area
Rapid Transit, a 100400t right of way, as described in the deed recorded in Volume 5443,
Page 5532 of said Deed Records;
THENCE NORTH 22 degrees 08 minutes 45 seconds WEST, 93.89 feet with the east right of way line of
said Dallas Area Rapid Transit to a 3/8-inch iron rod found at the west common corner of said
NICD Tract and a called 48.004 acre tract of land as described in the deed to COOPERZADEH
II, LLC recorded under Document No. 20170214000201010 of said Official Public Records;
THENCE NORTH 63 degrees 45 minutes 09 seconds EAST, 1,558.85 feet with the northwest line of said
NICD Tract, common with the southeast line of said called 48.004 acre tract of land to a 1/2-
inch iron rod found at a re-entrant corner of said NICD Tract, common with a salient corner
of said called 48.004 acre tract of land;
THENCE NORTH 35 degrees 47 minutes 48 seconds EAST, 868.35 feet with the northwest line of said
NICD Tract, common with the southeast line of said called 48.004 acre tract of land to a 1/2-
inch capped iron rod stamped "1519 SURVEYING" set at the northwest corner of said NICD
Tract and being on the southwest right of way line of said County Road 427;
THENCE SOUTH 58 degrees 35 minutes 13 seconds EAST, 275.57 feet with the southwest right of way
line of said County Road 427 to the POINT OF BEGINNING, containing 24.82 acres (1,081,284±
square feet).
AGREEMENT REGARDING SERVICES
This Agreement Regarding Services (this "Agreement" or "Service Plan") is entered into
this 26th day of October, 2021 by and between NICID Limited Partnership, and the City
A Anna, Texas a home rule municipality.
The real property that is the subject of this Service Plan is described as follows:
Cedar Ridge Estates, Phase 2. 24.8±acres located on the south side of County_
Road 427, 130± east of Purdue
Road
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 26'" day of October,
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.
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 time4o-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.
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 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.
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
conform to the changed conditions or subsequent occurrences pursuant to Texas
Local Government Code, Section 43,056,
Owner(s).:
NICID LP
a Texas Limited Partnership
By: NICID LP
a Texas Limited Partnership
Its Manager
By:_
Name: ���
Title: Manager
IN WITNESS WHEROF:
STATE OF TEXAS
0
COUNTY OF COLLIN
0
This instrument was acknowledged before me on the � day of VC1' ,
20 ° , by j:o eF': /W as owner of A✓/c i0 Lt3 .
Title: City Manager
IN WITNESS WHEROF:
STATE OF TEXAS
0
COUNTY OF COLLIN
0
Notary Public, State of Texas
,vb�ec KAREN NEWKIRK
�' ��Notary Public, State of Texas
Comm. Expires 05-16-2023
Notary ID 129873662
This instrument was acknowledged before me on the � day of `f �i�P�c r��,'2829',
by Jim Proce as representative of the City of Anna. I
A few
•%�•"'•
"W'• CABBIE L. LAND
•� *= My Notary ID # 11419404
-� �9 41 2023
Notary Public, State of Texas
Page 4 of 5
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STACEY KEMP
COUNTY CLERK
Cashier
Customer
Date
DFOSTER
CITY OF ANNA
PO BOX 776
ANNA, TX 75409
COLLIN COUNTY, TEXAS
STACEY KEMP
2300 Bloomdale Rd, Suite 2104
McKinney, TX 75071
972-5484185
Receipt for Services
Date: 03/31/2022
Instrument No Document Type Transaction Type GF Number
3/31/2022 2:40:23PM 20220331000522130 00
C\�
00
3/31/2022 2:40:24PM 20220331000522140 00
00
Total•
Total•
Batch # 2411084
Time: 02:40:23PM
66.00
134.00
Fee Totat 200.00
CREDIT 100240809512 200.00
Payment Total•
v,w At accco tL
Aeol v "tOE
200.00
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