HomeMy WebLinkAboutRes 2011-01-09 Amending Development Agreement with Helen Luscombe RECORDEDCITY OF ANNA, TEXAS
RESOLUTION NO. 2011-01-09
A RESOLUTION APPROVING AN AMENDMENT TO THE DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF ANNA AND HELEN LUSCOMBE, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAME ON BEHALF OF THE
CITY.
WHEREAS, the City of Anna, Texas (the "City") and Helen Luscombe (the "Owner")
entered into a Chapter 43 Texas Local Government Code Development Agreement (the
"Agreement") effective December 14,2010; 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. 2011-01-09 Amended Developer Agreement-Luscombe 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 14,2010, and this Amendment is made and agreed
to by the City of Anna, Texas (the "City") and Helen Luscombe (collectively, the
"Owner") and is effective as ofthe .11 ~y of .::1'tt.y\", A t t '2011.
The City and the Owner hereby agree that Section 5 of the Agreement is hereby amended
to change the Tenn of the Agreement from five (5) years to eight (8) years as follows:
Section 5. The tenn of this Agreement (the "Tenn") is fiw 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 Tenn, for annexation of the
Property to be completed on or after the end of the Tenn. Prior to the end of the Tenn,
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 Tenn 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 same to the City, said full execution and delivery are required to occur before the
expiration of 10 business days after the Council adopts this Amendment in a duly noticed
meeting; (4) the failure of the 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 ofAnna, Texas
THE STATE OF TEXAS }
COUNTY OF COLLIN }
This instrument was acknowledged before me on the3l.ty of ~44*"'1' 2011, by Philip
Sanders, City Manager, City ofAnna, Texas.
Owner 1
Printed Name: t,J...J c.....::1. L CoA r CAl ".. be-.
THE STATE OF TEXAS}
COUNTY OF C. u:.,. }
,..,.....
T!, i~~was acknowledged before me on the3l.ty of ,J",1I\U.AtY 2011, by
tu-1.l!l:LJ.U.S(.."..''''' ,Owner 1.
EXIIIBn'A
smJATED ill ColIln COIIIlty. T_ill die Hinm Brinlee Surrey. A.bIIInIc:t No. 30. in Collin CouDty. T_aad bein&
_ pardcuIady cIeIeItbcIcI by IIIIIII:S aad bouadI. follows;
BE01NNlNG _tile ......_oftile aid Brinlee sarwy;
nmNCE ICIUdl 00 .....1'......westadistaucc of-t6836 _toa pointtbrccner;
1HENCE ICIUdl ~....I' ......"..-IIIs MIla distaucc of 1.117.to.point far eomer;
1HENCE -*11...-22 ~3& .....MIla~of421.53 _ to a poiIIt tbr __in tile SOIIdIeaIit
riPt*way ofdle s.a llayburD W-WHIPwar.
THENCE aordl49 ..... II miIuIes 0' IIICOIIds CISla distaucc of l.m.~• to a point tbr eomer;
11IENCE -*19...-U Illim-.CIIt, 114.04 ..to tile PLACE OF BEGINNING aad 00IIIaiRiq 11.1 acres of
lIIIId man or leal.
Luscombe LEGAL
IN AREA liN"
eoo
I