HomeMy WebLinkAboutRes 2011-01-10 Amending Development Agreement with Clinton Lawrence RECORDEDCITY OF ANNA, TEXAS
RESOLUTION NO. 2011-01-10
A RESOLUTION APPROVING AN AMENDMENT TO THE DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF ANNA AND CLINTON VAN LAWRENCE,
AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME ON BEHALF OF
THE CITY.
WHEREAS, the City of Anna, Texas (the "City") and Clinton Van Lawrence (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 25 th
day of January 2011.
ATTEST:
Res. 2011-01-10 Amended Developer Agreement-Lawrence Page 1 01-25-11
EXHIBIT!
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 ~ity") and ~on Van Lawrence (collectively, the
"Owner") and is effective as of the 4-day of fJ~ , 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¥e 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 ofannexation 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 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 of Anna, Texas
THE STATE OF TEXAS }
COUNTY OF COLLIN } ~
This instrument was acknowledged before me on the ~day of ~C"'f t ' 20 II, by Philip
Sanders, City Manager, City of Anna. Texas.
THE STATE OF TEXAS}
COUNTY OF Lo ,,:11. }
T~instrwneqt was acknowledged before me on the 1..t. of &'htrAll( tI, 2011, by(Lt.-"r ~4wr(d(" ,Ownerl. I
#~)t~ Nethe J Wilkison ,ill ).. My commilsion EXPIres
"-\ /~ 1111312013 ~1w~
EXlHBJTA
SITUATED in Collin County, Texas in the Hiram Brinlee Survey, Abstract No. 30, in Collin County, Texas, and being
more particularly described by metes and bounds as follows:
COMMENCING from the southwest corner of Lot I ofthe Sister Grove Estates Subdivision, said comer also being in
the north right-of-way line of the Sam Rayburn Memorial Highway; Thence in a northeasterly direction with the north
right-of-way line as follows: North 5 I degrees 30 minutes 50 seconds east, 269.85 feet; North 48degrees 05 minutes 48
seconds east 410.42 feet; North 53 degrees 48 minutes 04 seconds east 251.43 feet to the PLACE OF BEGINNING;
THENCE north 18 degrees 58 minutes 24 seconds east a distance of416.86 feet to a point for comer;
THENCE north 32 degrees 41 minutes 51 seconds east a distance of 305 .16 feet to a point for comer;
THENCE south 59 degrees 32 minutes 30 seconds east a distance of 50.33 feet to a point for comer;
THENCE south 45 degrees 38 minutes 41 seconds east a distance of 85.48 feet to a point for comer;
THENCE south 42 degrees 01 minutes 47 seconds east a distance of 54.77 feet to a point for comer;
THENCE south 03 degrees 00 minutes 00 seconds west a distance of 147.1 1 feet to a point for comer;
THENCE south 51 degrees 46 minutes 59 seconds west a distance of28.13 feet to a point for comer;
THENCE south 40 degrees 06 minutes 17 seconds west a distance of 202.48 feet to a point for comer;
THENCE south 53 degrees 48 minutes 08 seconds west, 348.61 feet to the PLACE OF BEGINNING and containing
2.74 acres of land more or less.
CLINT LAWRENCE TRACT
IN AREA "N"
08
Lot 1
Sister Grove E_
o 200 400 600
_~L-"'-L-___I-""I