HomeMy WebLinkAboutRes 2011-02-04 Amending Development Agreement with Crossen & Swalwell RECORDEDCITY OF ANNA, TEXAS
RESOLUTION NO. 2011-02-04
A RESOLUTION APPROVING AN AMENDMENT TO THE DEVELOPMENT
AGREEMENT BETWEEN 'rHE CITY OF ANNA AND BO PEEP CROSSEN AND JAN
MARIE SWALWELL, AND AUTHORIZING THE CITY MANAGER TO EXECUTE
SAME ON BEHALF OF THE CITY.
WHEREAS, the City of Anna, Texas (the "City") and Bo Peep Crossen and Jan Marie
Swalwell (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 22nd
day of February 2011.
APPROVED: ATTEST:
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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 ~-pJlde and agreed
to by the City of Anna, Texas (the "City") and Bo Peep Crossen and Jft\l'1JIarie Swalwell
(collectively, the "Owner") and is effective as of the LL day of
Eeb(%rV ,2011.
I
The City and the Owner hereby agree that Section 5 of the Agreement is hereby amended
to change the Initial Term of the Agreement from five (5) years to eight (8) years as
follows:
Section 5. This Agreement is effective as of the date that both the City and
the Owner have duly approved, executed and delivered this Agreement.
The initial term of this Agreement (the "Initial Term") is eight (8) fi."Ie (5)
years from the effective date. Upon expiration of the Initial Term, this
Agreement shall automatically renew for one (1) additional extension term
of five (5) years each unless-at least 120 days prior to the expiration of
the Initial Term or any extension term-the City or Owner provides
written notice as set forth in Section 15 of this Agreement that either party
intends to terminate the Agreement upon expiration of the Initial Term or
any extension thereof, as applicable. The "Full Term" of this Agreement is
defmed as the period beginning on the effective date and ending on the
date that this Agreement terminates. 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 Full Term, for annexation of
the Property to be completed on or after the end of the Full Term. Prior to
the end of the Full 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 Initial 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 dwy 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
nwl and void and of no effect; and (5) there are no other written or oral representations or
understandings that modify the Agreement.
THE STATE OF TEXAS }
COUNTY OF COLLIN }
This instrument was acknowledged before me on theX1y of 6 ~r""" ,2011, by Philip
Sanders, City Manager, City of Anna, Texas. {
THE STATE OF TEXAS}
COUNTY OF Dq".{( t:2}
This instrum~was acknowledged before me on the il-day of 2011, by:1fx:t n QU.1a luJe 1\ ,Owner l.
THE STATE 0fhE,;uS }
COUNTY OF aCi J-<}
Thi~tTuJ:ent waslfC~owledged before me on.:;;th;;e~iBiie~!!ii;;;iiil_~'~20 11, by~f' LZe:lieQ ,Owner 2. (f --if
SARAH SMIl1iI. j j ,.-t..tJ MY COMMISSION EXPIRES .,~J ~ JIIl88,2013
Notary Public, State of Texas
EXIIIBffA
SITUATED in Como County, Texas in the J.C. NeiU Survey, Abstract No. 6.59, and being more particularly described
by metes and bounds as follows:
BEGINNING at the intersection of the south line of County Road Number 424 with the center: of Sister Grove Creek;
THENCE generally southerly with the meanders of Sister Grove Creek to t1te northwest comer of a tract of land
conveyed to B\II'ge8i, Robert P. & Kelley A. as recorded in Volume 4330 Page 1886 of the Deed records of Collin
County Texas to II point for comer;
THBNCE easterly with said Burgess tract approximately 940 feet to the southwest corner ofa 30.331 acre IracL "fhmd
conveyed to Brad Nevil by Tract 2 ofDocumeul# 20090814001023290 as reoo.rdcd in the Deed Records ofCoUIn
County Texas;
THENCE northerly nOJtheast with the west boundary of the Nevil 30.331 acre tract following a creek to the
southwesttm comerafa second tract conveyed to Brad Nevil oonlaining 10 acres by t>oeurnenl# 20090814001023300
as recon1ed In the Deed Records of Collin County Texas;
THENCE continuing with the west line of the 10 acre Brad Nevil tract to a. tract of land conveyed to Stacy ShelU
containing 12.018 acres by Doewnent # 20070711 0009S t 960 as recorded in the Deed Records afCQIlIn County Texas;
THENCE continuing with the west line olthe IUnS acre St.a.c:y Sher1z tract to a point in the south line of County Road
Number' 424;
THENCE westerly with the soUlb line of County ltoad Number 424 approximately 1,150 fett to tile ~LAC£OF
BEGINNING and containing 39.7 acres ofland more or less.
99 39lVd N3SS0eJD08 166L99913t:>6
JOAN SWALWELL & BO PEEP CROSSEN PROPERTY
39.7 ACRES
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CR424
JOAN SWALWELL &
eo PEEP CROSSEN
PROPERTY NEVIL PFl.OPERTY
NEVIL PROPERTY
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BURGESS
PFl.OPERTY
90 '39'\1d N3SS~:)()8 !66L9990P6