HomeMy WebLinkAboutRes 2011-01-08 Amending Development Agreement with Kenneth & Carol Matuszak RECORDEDCITY OF ANNA, TEXAS
RESOLUTION NO. 2011-01-08
A RESOLUTION APPROVING AN AMENDMENT TO THE DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF ANNA AND KENNETH AND CAROL
MATUSZAK, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME ON
BEHALF OF THE CITY.
WHEREAS, the City of Anna, Texas (the "City") and Kenneth and Carol Matuszak (the
"Owner") entered into a Chapter 43 Texas Local Government Code Development
Agreement (the "Agreement") effective December 8,2010; and
WHEREAS, the City and the Owner desire to amend said Agreement;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Amendment
The City Council hereby approves the Amendment, attached hereto as EXHIBIT 1,
incorporated herein for all purposes and authorizes the City Manager to execute same
on behalf of the City.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 25th
day of January 2011.
ATTEST:
Res. 2011-01-08 Amended Developer Agreement-Matuszak Page 1 01-25-11
EXHIBIT 1
STATE OF TEXAS )
)
COUNTY OF COLLIN )
CHAPTER 43 TEXAS LOCAL GOVERNMENT CODE
DEVELOPMENT AGREEMENT AMENDMENT
This Chapter 43 Texas Local Government Code Development Agreement Amendment
(this "Amendment"), amends a certain Chapter 43 Texas Local Government Code
Development Agreement (the "Agreement") entered into between the signatories to this
Amendment effective as of December 8, 2010, and this Amendment is made and agreed
to by the City of Anna, Texas (the "City9 and Kenneth and Carol Matuszak: (collectively,
the "Owner") and is effective as ofthe day of G",..-g..,r7 '2011.
The City and the Owner hereby agree that Section 5 of the Agreement is hereby amended
to change the Term of the Agreement from five (5) years to eight (8) years as follows:
Section 5. The term of this Agreement (the "Term") is fi:ye eight years from the date that
the City Manager's signature to this Agreement is acknowledged by a public notary. The
Owner, and all of the Owner's heirs, successors and assigns shall be deemed to have filed
a petition for voluntary annexation before the end of the Term, for annexation of the
Property to be completed on or after the end of the Term. Prior to the end of the Term,
the City may commence the voluntary annexation of the Property. In connection with
annexation pursuant to this section, the Owners hereby waive any vested rights they may
have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code
that would otherwise exist by virtue of any application, plan, plat or construction any of
the owners may submit or initiate during the time between the expiration of this
Agreement and the institution of annexation proceedings by the City.
The City and the Owner acknowledge and agree that: (1) this Amendment does not alter
the effective date of the Agreement; (2) the above-stated modification to the Term is the
sole modification to the Agreement made under this Amendment; (3) this Amendment
shall not become effective unless and until the Owner fully executes this Amendment and
delivers Sft111e to the City, said full execution and delivery are required to occur before the
expiration of 1 0 bus~after the Council adopts this Amendment in a duly noticed
meeting; (4) the fail·· e Owner to fully execute and deliver this Amendment as
stated within said time period shall render this Amendment null and void and of no
effect; and (5) there are no other written or oral representations or understandings that
modify the Agreement.
By: Philip Sanders
City Manager, City of Anna, Texas
THE STATE OF TEXAS }
COUNTY OF COLLIN }
This instrument was acknowledged before me on the 1!:day of Fe. h(lIIft/. 2011, by Philip
Sanders, City Manager, City of Anna, Texas. I
~r~ Nathe J WlIkiIOflf~1::. My commillion Expire. ~1111312013
THE STATE OF TEXAS}
COUNTY OF t, 1/," tf }
This instrument was acknowledged before me on the !Lct;y of f; hh.4lf' 2011, by
/f,(1111 -e n. L. Jt1c.(WS'4'" ,Owner 1.
fIJ'1~ Natha J Wilkison ,~~ My commillion Expire
~~L' 1111312013 ~(j~
Owner 2
Printed Name: -==~~~--L......!...!=:""':""-=--=------=---=
mE STATE OF TEXAS}
COUNTY OF CQ II,.", }
T1Jj~instrum::was acknowledged before me on the 2!t:y of 2011, by
t:.a. f Ij tllAr"" %4 I~ ,Owner 2. ~""'''''''~N~N~~''''''V'IJ~
Natha J WllkilOl1
My Commission Expires
11/1312013
EXHIBIT A
SITUATED in Collin County, Texas in the David Van Winkle Survey, Abstract No. 937, part ofa 108 acre tract
described in a deed from Mote Hendricks et ai, to Carl Cox recorded in Volume 426, page 274, Deed Records of Collin
County, Texas and being more particularly described by metes and bounds as follows:
BEGINNING in the west line of the 108 acre tract in the northerly right-of-way line of the Sam Rayburn Memorial
Highway; said comer also bears south 01 degree 04 minutes 59 seconds west a distance of 1,276.83 feet from the
northwest comer of said tract;
THENCE north 51 degrees 37 minutes 57 seconds east a distance of 27 1.95 feet to a point for comer;
THENCE north 01 degrees 04 minutes 59 seconds east a distance of 569.82 feet to a point for comer;
THENCE south 51 degrees 37 minutes 57 seconds west a distance of 271.95 feet to a point for comer;
THENCE south 01 degrees 04 minutes 59 seconds west, 569.82 feet to the PLACE OF BEGINNING and containing
2.75 acres ofland more or less.
Matuszak LEGAL
IN AREA "N"
o 200 400 600
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