HomeMy WebLinkAboutRes 2011-01-15 Approving and Amending Development Agreement with Dennis & Carolyn Gidney RECORDEDCITY OF ANNA, TEXAS
RESOLUTION NO. 2011-01-15
A RESOLUTION APPROVING A DEVELOPMENT AGREEMENT AND AN
AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
ANNA AND DENNIS AND CAROLYN GIDNEY, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAME ON BEHALF OF THE CITY.
WHEREAS, the City of Anna, Texas (the "City't) and Dennis and Carolyn Gidney (the
"Owner") desire to enter into a Chapter 43 Texas Local Government Code Development
Agreement (the "Agreemenf'); 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 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 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 25 th
day of January 2011.
ATTEST:
01·25-11
EXHIBIT 2
STATE OF TEXAS )
)
COUNTY OF COLLIN )
CHAPTER 43 TEXAS WCAL 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 January 11,2011, and this Amendment is made and agreed to
by the City of Anna, Texas (the ''CitY') and DeIJPis and Carolyn Gidney (collectively, the
"Owner") and is effective as of the -I-day of (ebtll''''''1 ' 201 L
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: (l) 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.
CITY OF ~A,TEXU ~~
By: Philip Sanders
City Manager, City of Anna, Texas
THE STATE OF TEXAS }
COUNlY OF COLLIN }
This instrument was acknowledged before me on the ~y of ft,htUlty, 2011, by Philip
Sanders, City Manager, City of Anna, Texas.
l~"3f~ Nathe J Wilkison
~) I, My Commilllion Expires ~oi~ 1111312013
~~)'!.~~ Natha J Wilkison ~I ,.. My Commission Expires
~,) ..i:f 1111312013 ~Of·~
THE STATE OF..TE~}
COUNTY OF ~L~Vj}
, pA:-,/ (T~YJ:strument was ac~owledged before me on th~day of f.v,lPfLla l f 2011, by
u.r"'rn ",'~7 'Owner 2.
o.,.~-~"~ Natha J Wilkison .fi j.. My CommisllOl\ Expires
~CiF.:#-~ 11/1312013
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 boWlds as follows:
BEGINNING fi'om the southeast comer of Lot 4 ofthe Sister Grove Estates Subdivision, said comer also being in the
north right-of-way line of the Sam Rayburn Memorial Highway;
THENCE north 26 degrees 17 minutes 35 seconds west a distance of427.61 feet to a point for comer;
THENCE north 51 degrees 30 minutes 50 seconds east a distance of 145.97 feet to a point for comer;
THENCE south 26 degrees 17 minutes 35 seconds east a distance of427.61 feet to a point for comer;
THENCE south 48 degrees 05 minutes 48 seconds west a distance of 142.05 feet to the PLACE OF BEGINNING and
containing 1.23 acres of land more or less.
DENNIS GIDNEY TRACT
I N AREA "1\1'
1.23a::res
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