HomeMy WebLinkAboutRes 2011-01-16 Approving and Amending a Development Agreement with Gidney RECORDEDCITY OF ANNA, TEXAS
RESOLUTION NO. 2011-01-16
A RESOLUTION APPROVING A DEVELOPMENT AGREEMENT AND AN
AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
ANNA AND JOHN GIDNEY, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAME ON BEHALF OF THE CITY.
WHEREAS, the City of Anna, Texas (the "City") and John Gidney (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 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 25th
day of January 2011.
ATTEST:
01-25-11
CITY OF ANNA, TEXAS
RESOLUTION NO. 2011-01-16
A RESOLUTION APPROVING A DEVELOPMENT AGREEMENT AND AN
AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
ANNA AND JOHN GIDNEY, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAME ON BEHALF OF THE CITY.
WHEREAS, the City of Anna, Texas (the "City") and John Gidney (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 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 25cr,
day of January 2011.
APPRO ED: ATTEST:
A:;6,-;), -)L& "&412
D rren . Dn I "
,Mayor
`\ OaN,a Wilkison, City Secretary
Res. 2011-01-16Amended Developer AgreemefitJothrr,GiJfin y . o��pvneo 01-25-11
STATE OF TEXAS
COUNTY OF COLLIN
CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE
DEVELOPMENT AGREEMENT
(3633 PR 5560)
This Agreement is entered into pursuant to Section 212.172 of the Texas Local
Government Code by and between the City of Anna, Texas (the "City") and the
undersigned property owner(s) (the "Owner"). The term "Owner" includes all owners of
the Property.
WHEREAS, the Owner owns a parcel of real property(s) (the "Property") in Collin
County, Texas, as shown in the attached Exhibit "A"; and
WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial
jurisdiction, in consideration for which the Owner agrees to enter into this Agreement;
and
WHEREAS, this Agreement is entered into pursuant to Section 212,172 of the Texas
Local Government Code, in order to address the desires of the Owner and the procedures
of the City; and
WHEREAS, the Owner and the City acknowledge that this Agreement is binding upon
the City and the Owner and their respective successors and assigns for the term (defined
below) of this Agreement; and
WHEREAS, this Development Agreement is to be recorded in the Real Property
Records of Collin County,
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties hereto agree as follows:
Section 1. The City guarantees the continuation of the extraterritorial status of the
Owner's Property, its immunity from annexation by the City, and its immunity from City
property taxes, for the term of this Agreement, subject to the provisions of this
Agreement. Except as provided in this Agreement, the City agrees not to annex the
Property, agrees not to involuntarily institute proceedings to annex the Property, and
further agrees not to include the Property in a statutory annexation plan for the Term of
this Agreement. However, if the Property is annexed pursuant to the provisions of this
Agreement, then the City shall provide services to the Property pursuant to Chapter 43 of
Texas Local Government Code.
Section 2. The Owner covenants and agrees not to use the Property for any use other than
for agriculture, wildlife management, and/or timber land consistent with Chapter 23 of
the Texas Tax Code, except for existing single-family residential use of the Property,
without the prior written consent of the City.
The Owner covenants and agrees that the Owner will not file any type of subdivision plat
or related development document for the Property with Collin County or the City until
the Property has been annexed into, and zoned by, the City.
The Owner covenants and agrees not to construct, or allow to be constructed, any
buildings on the Property that would require a building permit if the Property were in the
city limits, until the Property has been annexed into, and zoned by, the City. The Owner
also covenants and agrees that the City's AG —Agricultural District zoning requirements
apply to the Property, and that the Property shall be used only for AG— Agricultural
District zoning uses that exist on that Property at the time of the execution of this
Agreement, unless otherwise provided in this Agreement.
The Owner acknowledges that each and every owner of the Property must sign this
Agreement in order for the Agreement to take full effect, and the Owner who signs this
Agreement covenants and agrees, jointly and severably, to indemnify, hold harmless, and
defend the City against any and all legal claims, by any person claiming an ownership
interest in the Property who has not signed the Agreement, arising in any way from the
City's reliance on this Agreement.
Section 3. The Owner acknowledges that if any plat or related development document is
filed in violation of this Agreement, or if the Owner commences development of the
Property in violation of this Agreement, then in addition to the City's other remedies,
such act will constitute a petition for voluntary annexation by the Owner, and the
Property will be subject to annexation at the discretion of the City Council. The Owtier
agrees that such annexation shall be voluntary and the Owner hereby consents to such
annexation as though a petition for such annexation had been tendered by the Owner. If
annexation proceedings begin pursuant to this Section, the Owner acknowledges that this
Agreement serves as an exception to Local Government Code Section 43.052, requiring a
municipality to use certain statutory procedures under an annexation plan. Furthermore,
the Owner hereby waives any and all vested rights and claims that 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 actions Owner has taken in violation of Section 2 herein.
The Owner further agrees that the Owner will not in any manner contest any annexation
of the Property initiated by the City under this Section or any annexation of the Property
completed by the City after the Term of this Agreement.
Section 4. The City is authorized to enforce all of the City's regulations and planning
authority that do not materially interfere with the legal use of the Property as described in
Section 2 of this Agreement in the same manner the regulations are enforced within the
City's boundaries. The City states and specifically reserves its authority pursuant to
Chapter 251 of the Texas Local Government Code to exercise eminent domain over
property that is subject to a Chapter 212 development agreement.
Section 5. The term of this Agreement (the "Term") is five 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.
Section 6. Property annexed pursuant to this Agreement shall be temporarily classified as
SF-E — Single Family Residential — Large Lot District until permanent zoning is
established by the City Council pursuant to the City's Code of Ordinances, pending
determination of the Property's permanent zoning in accordance with the provisions of
applicable law and the City's Code of Ordinances.
Section 7. Any person who sells or conveys any portion of the Property shall, prior to
such sale or conveyance, gives written notice of this Agreement to the prospective
purchaser or grantee, and shall give written notice of the sale or conveyance to the City.
Furthermore, the Owner and the Owner's heirs, successor, and assigns shall give the City
written notice within 14 days of any change in the agricultural exemption status of the
Property. A copy of either notice required by this section shall be forwarded to the City at
the following address:
City of Anna
Attn: City Manager
111 N. Powell Parkway
Anna, Texas 75409
Section 8. This Agreement shall run with the Property and be recorded in the real
property records of Collin County, Texas.
Section 9. If a court of competent jurisdiction determines that any covenant of this
Agreement is void or unenforceable, including the covenants regarding involuntary
annexation, then the remainder of this Agreement shall remain in full force and effect.
Section 10. This Agreement may be enforced by any Owner or the City by any
proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce
the provisions of this Agreement thereafter.
Section 11. No subsequent change in the law regarding annexation shall affect the
enforceability of this Agreement or the City's ability to annex the properties covered
herein pursuant to the terms of this Agreement.
Section 12. Exclusive jurisdiction and venue for disputes arising out of or related in any
way to this Agreement shall be in Collin County, Texas.
Section 13. This Agreement may be separately executed in individual counterparts and,
upon execution, shall constitute one and same instrument.
Section 14. This Agreement shall survive its termination to the extent necessary for the
implementation of the provisions of Sections 3, 4, and 5 herein.
Entered into this day,of :,2010.
r
CityManager,V-ity of Anna, Texas
THE STATE OF TEXAS
COUNTY OF COLLIN
This instrument was acknowledged before me on theA��day of2010, by Philip
Sanders, City Manager, City of Anna, Texas.
6
Nola Public, State f Texas `
Owner 1 _
Printed ame:
THE STATE OF TEXAS)
COUNTY OF //i rl }
b ? - Wlt( 7 J Wilkison y
rvi, r r mrii4Qion Ex
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This instrument was acknowledged before me on the day of 2010, by
�) o (' `� f� ,Owner 1.
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No a Public, State f Texas o� `" "' Natha J Wilkison }
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11113/2013
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EXHIBIT 2
STATEOFTEXAS )
)
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 January 11,2011, and this Amendment is made and agreed to
by the City of Anna, 1fxas (the ~ty") and John Gidney (collectively, the "Owner") and
is effective as ofthe -4-day of ~""1 '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 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 the ~daY of ;;;"U.t'V. 2011, by Philip
Sanders, City Manager, City of Anna, Texas. -----r
i,4!i~.1f..~ Nathe J WilkilOn
*r i * My Commillion ElC.ptrei,~.'R 11/1312013
of 2011, by!e,,/uJ44'..' t
No
#~.;1.~ Natha J Willdson .fii" My Commission EXplres
~(jf''#~ 1111312013
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:
BEGINNING from the southwest comer ofLot 4 ofthe Sister Grove Estates Subdivision. said comer also being in the
north right-of-way line ofthe Sam Rayburn Memorial Highway;
THENCE north 26 degrees 17 minutes 35 seconds west a distance of437.64 feet to a point for comer;
THENCE north 51 degrees 30 minutes 50 seconds east a distance of 133.25 feet to a point for comer;
THENCE south 26 degrees 17 minutes 35 seconds east a distance of 427.61 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 l.33 acres of land more or less.
JOHN GIDNEY TRACT
IN AREA "N"
1.33 acres
/
Lot 1 /
I SisterGmve e-/
/
)
/
/
I 400 600
/