HomeMy WebLinkAboutRes 2011-01-14 Approving and Amending a Development Agreement with Wickliffe RECORDEDCITY OF ANNA, TEXAS
RESOLUTION NO. 2011-01-14
A RESOLUTION APPROVING A DEVELOPMENT AGREEMENT AND AN
AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
ANNA AND JEFFERY AND MICHELLE WICKLIFFE, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAME ON BEHALF OF THE CITY.
WHEREAS, the City of Anna, Texas (the "City") and Jeffery and Michelle Wickliffe (the
"Owner") desire to enter into a Chapter 43 Texas Local Government Code Development
Agreement (the "Agreement"); and
WHEREAS, the City and the Owner desire to amend said Agreement;
WHEREAS, the City Council of the City of Anna, Texas (the "City Council") finds that
approval of the Agreement and the Amendment to said Agreement is in the best
interests of the citizens of Anna;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS 'rHAT:
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 Agreement, attached hereto and EXHIBIT 1 and
the Amendment, attached hereto as EXHIBIT 2, 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:
EXHIBIT 2
STATE OF TEXAS )
)
COUNTY OF COLLIN )
CHAPTER~TEXASLOCALGOVERNMENTCODE
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 January 11,2011, and this Amendment is made and agreed to
by the City of Anna, Texas (the "City") and Jeffery and MiChelle,},iykliffe (collectively,
the "Owner") and is effective as of the .Lday of pFIlj}p4,...... ,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 S. 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 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 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 th~daY of t1J Iuclt ' 20 II, by Philip
Sanders, City Manager, City of Anna, Texas.
O~~)L~ Natha J WilkiSonfl 1.. My CummlNlQl1 Expi....
~fiF*~ 1111312013
THESTATE~~S}
COUNTY OF l}
f{)oof 2011, byvmm:m(• ..<~'7.onilie~daY
j~W: ~
Notary Public, State of Texas·· TERESA M. WI.LM.ERIN ' e NJIMt~SI'AlEa1EII6
COlLIN COUNTY
PM Qi)MM. E)CP. 8-16-2011
EXHIBIT A
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 southeast comer of Lot 4 of the Sister Grove Estates Subdivision, said comer also being in the
north right--of~way line ofthe Sam Raybwn Memorial Highway; Thence in a northeasterly direction with the north right
of-way line North 53 degrees 48 minutes 04 seconds east 213.21 feet to the PLACE OF BEGINNING;
THENCE north 03 degrees 50 minutes 54 seconds east a distance of 394.84 feet to a point for comer;
THENCE north 11 degrees 29 minutes 28 seconds east a distance of211.38 feet to a point for comer;
THENCE north 51 degrees 30 minutes 50 seconds east a distance of 174.68 feet to a point for comer in the center ofa
Branch of Sister Grove Creek;
Thence in an easterly direction with said line and down said Branch center as follows:
South 84° 38' 17" East, 76.87 feet; South 5~32' 30" East, 57.25 feet to a point in said line and Branch;
Thence south 32° 41' 51" west, passing an iron pin set at 50.0 feet and continuing in all 305.16 feet to an iron pin set;
Thence south 18° 58' 24" west, 416.86 feet to an iron pin set in the south line ofsaid 18.668 acre tract and in said north
Right~f,.Way line;
Thence south 53° 48' 04" west, 38.22 feet with said south line and north Right--of-Way line to the PLACE OF
BEGINNING and containing 1.92 acres ofland
WICKLIFFE TRACT
IN AREA "N"
1.92 acres
o 200 400 600
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