HomeMy WebLinkAboutRes 2011-03-05 Settlement Agreement with Texas Star BankCITY OF ANNA, TEXAS
RESOLUTION NO, 2011-03-05
A RESOLUTION OF THE CITY OF ANNA, TEXAS, AUTHORIZING SETTLEMENT OF
THE LAWSUIT BROUGHT IN THE 380TH JUDICIAL DISTRICT COURT OF COLLIN
COUNTY, TEXAS UNDER CAUSE NO, 380-04163-2009 AND STYLED TEXAS STAR
BANK VS. CITY OF ANNA, TEXAS; APPROVING THE SETTLEMENT OF ALL
CLAIMS, CAUSES OF ACTIONS AND DISPUTES IN SAID LAWSUIT;
AUTHORIZING THE CITY MANAGER'S EXECUTION OF THE SET'rLEMENT
AGREEMENT; AUTHORIZING THE CITY MANAGER AND THE ATTORNEYS OF
WOLFE, TIDWELL & McCOY, LLP TO ACT ON THE CITY'S BEHALF IN
EXECUTING ANY AND ALL DOCUMENTS AND TO TAKE OTHER AC1'IONS
NECESSARY TO FINALIZE THE FULL SETTLEMENT OF SAID LAWSUIT,
WHEREAS, the City Council ("Council") of the City of Anna, Texas ("City") recognizes
that it was a party to a certain lawsuit styled Texas Star Bank vs. City of Anna, Texas,
filed in the 380th Judicial District Court of Collin County, Texas under Cause No. 380
04163-2009 (the "Lawsuit"); and
WHEREAS, the City Council recognizes that the parties to the Lawsuit desire to settle
the Lawsuit and have reached a Settlement Agreement and Release("Agreement"), ,
attached to this resolution as Exhibit 1; and
WHEREAS, the City Council recognizes that the Agreement between the Parties
resolves all remaining claims, causes of actions and disputes in the Lawsuit, and it
should be approved and the City Manager's execution of same should be authorized
and approved, subject to execution and delivery of the Agreement to the City by Texas
Star Bank, as set forth herein;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS:
Section 1, The recitals set forth above are incorporated herein by reference as if fully
set forth for all purposes.
Section 2, The Agreement settling all claims, causes of actions and disputes of the
Lawsuit, with respect to the City, is hereby approved and the City Manager's execution
of the Agreement is hereby authorized and approved, subject to execution and delivery
of the Agreement to the City by Texas Star Bank.
Section 3. The City Manager and attorneys at Wolfe, Tidwell & McCoy, LLP are hereby
authorized to execute all documents in a form approved by the attorneys at Wolfe,
Tidwell & McCoy, LLP and to take all other actions necessary to finalize, act under, and
Res. 2011-03-05 Settlement Agreement with Texas Star Bank Page 1 of2 03-22-11
enforce the Agreement, subject to execution and delivery of the Agreement to the City
by Texas Star Bank.
PASSED AND APPROVED by the City Council of the City of Anna, Texas this the 22nd
day of March, 2011.
APPROVED ATTEST:
D~b
Res. 2011-03-05 Settlement Agreement with Texas Star Bank Page 2 of2 03-22-11
Texas Star Bank v. CiIJ' ofAnna
SETnEMENT AGREEMENT AND RELEASE
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF COLLIN §
THAT FOR AND IN CONSIDERATION of the agreements set forth below, and other
good and sufficient consideration, the receipt and sufficiency of which is hereby acknowledged
and confessed, the undersigned Texas Star Bank, on behalf of itself and each or any of its
respective affiliates, corporate successors, agents, attorneys or assigns, and each or any persons
or entities in privity with any of same, hereinafter referred to collectively as the "Releasers", do
hereby completely compromise, settle and fully and finally release and forever discharge the City
of Anna, Texas, and each and any of its officers, City Council members, agents, ostensible
agents, trustees, beneficiaries, principals, assigns, successors, employees, representatives, the
Texas Municipal League Intergovernmental Risk Pool, legal representatives and attorneys, or
any persons or cOIporations in privity with each and/or any of them, in whatever capacity,
hereinafter collectively referred to as the "Released Parties" or "Releasees", ofand from any and
all claims, demands, rights, or causes of action whatsoever which the undersigned Releasers may
now or in the future own or hold for any and all claims or causes of action asserted or which
could have been asserted, relating to, arising from or in any way growing out of certain zoning
changes in September and December of 2009, which included Releasers' real property as
provided in the legal description attached hereto and incorporated by reference herein as Exhibit
A and located in the City of Anna, Texas (the "Property"), as well as any other damage or any
other injury, including, but without limitation, all claims, demands, rights, or causes of action
whatsoever which the undersigned Releasers could have asserted for any sort or form of alleged
violations of any provision of the United States Constitution and/or the Texas Constitution; any
SETTLEMENT AGREEMENT AND RELEASE I Exhibit 1
PAGElJ
Texas Star Bank v. City ofAnna
condemnation, permanent or temporary, under the United States or Texas Constitutions or any other
law; any claims of deprivation of any due process, procedural andlor substantive; any claims
relating to failure to provide any notice of any action; any other claims for temporary or permanent
takings of any nature; any claims for "spot zoning" or any other claims brought under Chapter 211
of the Texas Local Government Code or otherwise; any claims for any violation of "vested rights"
under Chapter 245 of the Texas Local Government Code or otherwise; any claims for declaratory or
injunctive relief of any nature whatsoever; any claims of intentional tort of any nature; any claims
of damage to property of any nature; any other claims for any sort or form of deprivation of any
property interest of any nature; any allegations of any intentional, willful, wanton or reckless
behavior or conduct whatsoever; any statutory andlor code violations of any nature whatsoever,
including, but not limited to, any violations of any state or federal or local laws or regulations; and
any other claims or causes of action of any nature, basis or type, or predicated on any law or theory
whatsoever, and any and all claims of any form or sort of any damages or injuries of any nature
whatsoever allegedly suffered by Releasers, past, present, or future, including, but without
limitation, any claims for loss or diminution in market value of any property; any alleged damages
related to deprivation of any investment backed expectations; any claims for loss of use or
enjoyment of any property; any other deprivation of property value; any other claims for economic
harm andlor any past, present or future costs of any nature; any attorneys' fees, cost of court, or
interest; or any other tangible or intangible loss of any nature whatsoever, including any claims of
others for contribution andlor indemnity or comparative causation, and any other loss, damages,
detriment or expense of any kind, past, present or future, including, but not limited to, any and all
claims for alleged punitive or exemplary damages, regardless of whether said claims or damages are
now known or asserted by Releasers, relating to, arising from or in any way growing out of or
SETTLEMENT AGREEMENT AND RELEASE PAGE 2
Texas Star Bank v. City ofAnna
concerning any of the matters alleged in the related underlying pleadings in this case brought in the
380th Judicial District Court of Collin County, Texas under Cause No. 380-04163-2009 and styled
Texas Star Bank vs. City ofAnna, Texas, hereinafter referred to as the "Litigation", or relating to in
any way the matters referenced in this Settlement Agreement and Release (hereinafter sometimes
also referred to as "this Agreement" and "the Agreement").
Releasers also represent and agree that they will file no other claims or actions arising
from or relating to the dispute regarding the Property and/or the matters referenced in said
Litigation, and agree to fully and completely defend, indemnify, save and forever hold ,
harmless Releasees herein, and each of them, of and from any costs, judgment, or further
payment of any kind or character whatsoever arising directly or indirectly from or related to
Releasers' claims related to the Litigation, or any damages, injuries or losses which Releasers
have allegedly sustained or will sustain as a result, known or unknown, including, but not
limited to, any payments of contribution and/or indemnity, and any fees, expenses or court
costs.
The Parties to this Settlement Agreement and Release hereby further agree and recite that in
addition to the other good and sufficient consideration acknowledged herein the consideration for
this Settlement Agreement and Release shall also include:
(a) Presentation for consideration and approval by City ordinance and through legally
required procedure of a Planned Development District ("PD") in the fonn attached
hereto and incorporated herein as Exhibit B to this Settlement Agreement and
Release, and made a part hereof, and;
(b) If the PD referenced in the preceding subparagraph (a) is approved by legally
required procedure, with the City waiving the requirement that a site plan be
approved as a condition for the creation of said PD zoning district, then Releasers
will dismiss the Litigation with prejudice within five business days after the date
upon which the City Council of the City of Anna duly adopts said PD zoning. The
Parties hereto agree that failure to approve said PD will not constitute a breach of
SETTLEMENT AGREEMENT AND RELEASE PAGE 3
Texas Star Bank v. City ofAnna
this Settlement Agreement and Release but will rather result in rendering this
Agreement null and void, ab initio.
(c) Releasers hereby represent and warrant they will fIle an application for Certificate of
Occupancy with the City within sixty (60) days of the approval of this Settlement
Agreement and Release by the Anna City Council to address any nonconforming
uses in connection with the residential structure currently being leased for residential
purposes on Releasers' property at 516 South Powell Parkway. Releasees hereby
represent and warrant that enforcement of § 36.11 of Part III-C of the City of Anna
Code of Ordinances, (Zoning Ordinance), will be waived as to said structure and a
Certificate of Occupancy will be issued should the City receive an application for
Certificate of Occupancy addressing said nonconforming residential use on
Releasers' property within sixty (60) days of the approval of this Settlement
Agreement and Release by the Anna City Council.
The City will initiate and process the PD zoning application. As further consideration for
this Settlement Agreement and Release, Releasers hereby represent and warrant they will fIle no
other actions arising from or relating to the Litigation, or any facts or matters related thereto, with
the exception of any claims for any breach of this Settlement Agreement and Release, which
reservation of any claims for breach of the Agreement also extend to any such claims of the City of
Anna or Releasees, and Releasers hereby warrant and agree that in the event Releasers enter into
any future agreement or settlement of any sort with any other persons, firms, corporations or entities
other than Releasees related to any matters or damages described herein, they will do so only if such
future agreement or settlement, if any, effectuates the release of any right of contribution or
indemnity by any such third parties against any of the Releasees herein.
It is further understood and agreed that this Settlement Agreement and Release constitutes a
complete release and discharge of any and all claims of the undersigned Releasers of every nature
and description against the Releasees herein, asserted or unasserted, with the exception of any
claims by Releasers or Releasees for alleged breach of this Settlement Agreement and Release, and
it is specifically agreed and understood that this Release extends to and includes any and all injuries
and damages of any nature now unknown or unanticipated as well as those now known, arising
SETTLEMENT AGREEMENT AND RELEASE PAGE 4
Texas Star Bank v. City ofAnna
from, relating to, in any way growing out of, resulting from, or to result from the Litigation or any
of the claims or matters for which this Release is given, as set forth in the pleadings in the Litigation
and as previously referenced herein, and that said Settlement Agreement and Release is not
specifically limited to the allegations of the pleadings in the Litigation but extends to each and
every matter relating to any claim which could have ever been brought by the undersigned
Releasers in regard to the aforedescribed Litigation or any matters described therein.
It is also hereby expressly understood and agreed that the undersigned Releasers have paid,
or will be responsible for payment of, any and all costs, fees, or expenses they may have incurred
related to the Litigation, or matters or claims described herein, including any expenses for
attorneys' fees or liens, past, present and future, and the undersigned Releasers by this Settlement
Agreement and Release agree to fully and completely defend, indemnify and hold harmless
the Released Parties or Releasees, and each of them, of and from any and all such claims, if
any, especially, but without limitation, with reference to any attorneys' liens, except that the
Parties hereto agree that Releasees are responsible for their own attorneys' fees herein.
For the aforesaid consideration the undersigned Releasers also agree to dismiss with
prejudice the Litigation, now pending in the 380th Judicial District Court of Collin County, Texas
under Cause No. 380-04163-2009, and any related actions, all claims in such Litigation being fully
released with all court costs and fees to be paid by the party incurring same.
The undersigned Releasers also hereby agree and understand that this settlement is a
compromise of a doubtful and disputed claim, entered into by the Parties to avoid the further
expense, inconvenience and uncertainty of litigation, and that such settlement or any payment
thereto is not intended to be, nor should it be construed as, an admission of liability on the part of
any of the Releasers or Releasees herein, by each of whom any liability is expressly denied.
SETTLEMENT AGREEMENT AND RELEASE PAGES
Texas Star Bank v. City ofAnna
The undersigned Releasers hereby represent that they are the sole owners and/or
representatives of the respective claims being released herein and that they have not transferred,
assigned, or otherwise encumbered said claims, or any part thereof, and have complete and full
authority and capacity to act on behalf of Texas Star Bank for which the Releasers purport to act,
and have binding authority thereto. Further, the undersigned representative of the City of Anna,
Texas hereby represents and warrants that he or she is of sufficient authority and duly authorized to
execute this Settlement Agreement and Release on behalf of Releasees.
The Parties hereto understand and agree that this Settlement Agreement and Release shall
be, and is, binding upon the agents, heirs, affiliates, successors, representatives and assigns of the
Releasers and Releasees, and each or any persons or entities in privity with any of same, and this
Settlement Agreement and Release and Exhibit B hereto is agreed to contain and constitute the
entire agreement between the Parties hereto and the terms of this document are contractual and not a
mere recital.
In executing this Settlement Agreement and Release, it is the intent of all the Parties to
resolve completely, fully and finally all issues and disputes existing among them arising directly or
indirectly from any alleged acts, omissions, events, conditions, transactions or occurrences in any
way arising from or related to the events connected with the Property or the Litigation, whether now
known or unknown, whether matured or unmatured, and whether fixed or contingent, of any type or
kind, so that they will have no further obligations to or involvement with each other related to the
claims described herein, except those expressly provided for in this Agreement, and this Agreement
should be construed broadly to accomplish such purpose and intent. It is intended by the Parties
that no outstanding issues should remain unresolved and that any omission of any issue, or any
language implying any such limitation on the scope of this Settlement Agreement and Release is
SETTLEMENT AGREEMENT AND RELEASE PAGE 6
Texas Star Bank v. City ofAnna
inadvertent, and should be construed so as to give full effect to the stated intention of the Parties to
resolve all outstanding claims of the Releasers.
The undersigned Releasers also hereby warrant, represent and declare that they have been
represented herein by legal counsel of their choosing, that they have the ability to seek additional
counsel of their choosing, and that said Releasers acknowledge that they understand this Settlement
Agreement and Release.
This Agreement is entered into in the State of Texas, and shall be governed by and construed
in accordance with the laws of the State of Texas in all respects, including matters of construction,
validity, enforcement, and interpretation. The Parties also agree that in the event anyone or more
of the provisions contained in this Agreement shall be determined by a court with competent
jurisdiction over this Agreement to be invalid or unenforceable in any respect, such determination
shall not affect any other provision, and this Agreement shall be enforced as if such provision did
not exist. The Parties agree that nothing in this Agreement should be interpreted to release the
Released Parties from any contractual liability arising out of a breach of this Agreement by one or
more of the Released Parties which occurs on or after the date this Agreement is executed. The
Released Parties likewise retain all rights to sue for any breach by the Releasees herein.
The undersigned Releasers further hereby covenant, warrant and represent that in making
and entering into this Settlement Agreement and Release they have not relied upon any statement or
representation pertaining to this matter made by the persons, firms, or organizations who are hereby
released, or by any person or attorney representing them, except for those statements expressly set
forth in this Settlement Agreement and Release.
The undersigned Releasers also hereby warrant, represent and declare that they have
carefully read the foregoing document and its Exhibit B, which together constitute and contain the
SETTLEMENT AGREEMENT AND RELEASE PAGE 7
TextIS Star Bank v. City ofAnna
the entire' Agreement between the Parties, know the contents thereof, are competent, and have
the authority to execute same, and have signed the same oftheir own free will.
The Parties have reviewed and agree that the legal description attached hereto as Exhibit
Aproperly describes the Property.
The Parties agree that this Settlement Agreement and Release may be signed in
counterparts. and each executed copy shall be deemed a counterpart original, with full force and
effect and enforceable against the Parties executing same.
WITNESS OUR HANDS this .2011.
AGREED TO:
(printed name)
SETrLKMENT AGREEMENT AND RELEASE PAGES
TextIS BlIlr BtmIc v. City ofAlUla
STATE OF TEXAS §
COUNTYOF ~:
Ix BEFORE ~the undersigned authority, on this day personally appearediknRt/L 'II4lL4) . DULY AUTHORIZED REPRESENTATIVE OF
T XAS STAR B~ AND RELEASERS. known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was executed for
the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND OFFICIAL SEAL OF OFFICE this t:RJ(~of
f(}llAtkI./ .2011.
~~(Yl~
N Public State ofTe
SETTLEMENT AGREEMENT AND RELEASE PAGE 9
Texas Star Bank 'V. City 0/Anna
STATE OF TEXAS §
§
COUNTY OF COLLIN §
!}J. BEFORE ME, the undersigned authority, on this day personally appeared
C_lIt /,'4 S'1A.r\Jus , DULY AUTHORIZED REPRESENTATIVE OF THE CITY OF
ANNA, 'TEXAS AND RELEASED PARTIES, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was executed for the
purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND OFFICIAL SEAL OF OFFICE this OJ 3 ~ day of+ftJ ,2011.
NOTARY SEAL I STAMP
SETTLEMENT AGREEMENT AND RELEASE PAGE 10
EXHIBIT "A"
11. 1972, recorded in Volume 818, Page 851-853 of the Deed Recor9s of Collin County.
Texas.
i 'I
. ".
Exbib:f.t nAn
TRACT 1:
HITOATBD in the Courity of Collin. State of Texas. being a part of the survey originally
gnlllted to Henry Brantley, Abstract No. 71. in the Town of Anna, Collin County. Texas, and
lOon~ pal·ticularly described as follows:
BEGINNING at a stake in the West line of the right of way of U.S. Highway 75, the
SOlltheast corner of the tract sold to W.R. Lindsey, on January ·27, 1942~
TIIENCI:: in a southerly direction and. with the West line of said Highway 75, 125 feet to a
Rtake. the Nox:theast corner of the L.n. Hendrix lot;
THENCE in a westerly direction .and with the North 'line of the said Hendrix lot,'and
continuing in the same direction, in all 470 feet to a stake for the Southwest corner of
the tl'act therein conveyed;
THENCE in a northerly direction and parallel with the West line of Highway 75. 240 ;f:eet to
a stllke;
THENCB in an easterly direction and parallel with the South line hereof, 270 feet to fI.
stake, the Northwest corner of the said W.R. LinQsey loti
i.
THENCE in a southerly directiol1 and with the Wes.t line of said Lindsey lot. 115 feet .to
t!1e SOl)th~est corner of said ~1.R. ,Lindsey lot;
THBNCl1: in an east.erly direction and with the South line of said W.R. Lindsey lot. 200 feet,
to the place p.f be:gi~ning, containing 89.800 square feet of land, more or less.
TRACT 2:
SITW\TED in the .County of Collin. State of Texas being B: part of the survey originally
granted to Henry. Brantley in the Town of Anna, Collin County. Texas, and more part:tcu~arly
desc~ibed as f~llows:
BEGINNING at a stake· in the West line of right of way U.S. Highway 75 which is 125 feet
NOJ:th of the NortheaSt corner of 'the L.D. Hendricks loti
THENCE in a westerly direction, 200 feet and· parallel to the North line of the L.D.
Hendl.'icks lot a stake;
THENCE: in a nor,therly direction and parallel. to Highway 15, 115 feet to a stake;
TI~r:::NCE in an easterly direction. para1le'l t.o the South line of the lot herein conveyed 200
feet. to a stake in the West line of Highway 7Sj . .
THENCI!: in a southerly direction and with the West line of Highway 75, 115 feet to the
place of beginning, containing 23,000 feet of land, more or less, being the same land
described in a deed fr.om Arlie E. Lindsey, a widow" to Horace H. Hunter et ux dated.April
Exld.bit itA111t continued
Tract 3:
A tract of land being a part of the H. Brantley su~ey, Abstract No. 71 and being in the
City of Anna, Texas, and being a part of two separate tracts described under Tract Three
in a deed from Wesley Hendricks, et al to Mary Alma Hendricks recorded in Volume 791, Page
79 of the Deed Records of Collin County, Texas, and being describe? as fol19ws: "
j
BEGINNING at a 1/2 inch Iron Pin set in the North right of way line of FM HwY. NO. 455,
point bears North 88 deg. 05 min. West a distance of 193.1 fee,t from the intersection of
the North right of way line FM Hwy. No. 455 with the West right of way line of State Hwy.
No.5;
THENCE North 2 deg. 52' min. East a distance of 16'2.7 feet to a ~/2." Iron Pin set in a
fence line; ••
THENCE North 88 deg. 20 min. Wes,t along a fence at 243.7 feet passing a 1-1/4" x 2" angle
iron marking property corner, continuing in al~ a distance of 262.2 feet to a 1/2" Iron
Pin i ,
THENCE South 42 deg. 16 min. West along a fence a distan~e of 62.2 feet a 1/2" Iron Pin;
THENCE South 25 deg. 00 min. West, generally along a fence a distance of 108.2 feet a 3/8"
Iron Pin set in conc~ete on North right of way line of ~ Hwy, No. 455 and in a drain
ditch;
THENCE South 74 deg. 20 min. E<;Ist along right of way line a distance of 3.2 feet to a 3/8"
Iron Pin set in concrete in a drain ditch at the P.C. of curve;
',' '
,THENCE with the North right of way of Hwy. with a curve to the left-curve: Radius-278.31
',(feet. Chord SQuth 80 deg'. 40 min. ~ast -68.48·feet, a distance of 68.7 feet to a 5"
wooden ~wy. marker and P.T. of curve; , ' ,
'THENCE South 01 deg. S5 min. West a distance of 5 feet with off-set in HWy. rig~t of way
to a l/~· I~on Pini
THENCE'south S8 deg. 05 min. East along Norhh right of way line of FM Hwy. No. 455 a
distance·of 271.~ feet to the place of beginning, containing 1.150 acres of land, mor~ or
less,
,Tract 4:
Plat ofa.tract ofland being a part of the H. BRANTLEY SUR. AB. NO. 71, and being in the City
ofAnna, Texas, and being apa:r:t oftwo separate tracts described under TRACT THREE IN:A DEED
FROM WESLEY HENDRICKS, ET AL,.TO MARY ALMA HENDRICKS recorded in Vohup,e
791, Page 79 of the Deed Records of Collin County, Texas, being described as f6ilows:
Beginning at a Concrete Hwy Marker set on the North RfW Line ofFM. Hwy No. 455 and on the
WestRfW Line of State HwyNo. 5;
TI:tenceN. 4° 47' E along WestRJWLineofStat~HwyNo. 5 a distanceof163.8 feet to a Wood 5"
HwyMarker;
." :,
Thence N 88° 20' Wa distance of 198.6 feet to a 5/8" Iron Pin set at an Ell Comer of The First
National Bank: -AnnaPropert<;;
ThenceS,2° 52' W a distance ofl62.7 feet to a W' Jron Pin set on theNorthRJWLineofF.M. Hwy
!'fa. 455, and also being a Comer of aforementioned Bank Property;
ThenceS 88° 05'E along the North RIW Line ofF.M. HwyNo. 455 adi~eof193.1 feet to the
EXHIBIT "B"
(Property rezoned under this ordinance is generally located on the north side of
West White Street (Hwy 455) and west of South Powell Parkway and generally
known as 402 West White Street)
CITY OF ANNA, TEXAS
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S
COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND
CHANGING THE ZONING OF CERTAIN PROPERTIES AS DESCRIBED HEREIN;
PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE
NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY
LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE
CAPnON HEREOF.
WHEREAS, the City of Anna, Texas ("City") has previously adopted ordinances, rules
and regulations governing the zoning in the City; and
WHEREAS, the City has initiated a zoning change on properties described in Exhibit A
(collectively, "Property") attached hereto and incorporated herein for all purposes as if
set forth in full; and
WHEREAS, the Property, generally located on the west side of north Powell Pkwy
(Hwy. 5), is being rezoned from Restricted Commercial (C~1) zoning to Planned
Development (PO) zoning, and
WHEREAS, the Planning and Zoning Commission of the City and the City Council of
the City of Anna ("City Council") have given the reqUisite notices by publication and
otherwise and have held the public hearings as required by law and afforded a full and
fair hearing to all property owners and generally to all persons interested in and situated
in the affected area and in the vicinity thereof, the City Council has concluded that the
Zoning Ordinance of the City should be amended as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The above recitals are incorporated herein by reference for all purposes.
Section 2. Zoning Change
The Comprehensive Plan of the City and City of Anna Ordinance No. 116-2003 as
amended and codified as Part III-C of The Anna City Code of Ordinances are hereby
CITY OF ANNA, TEXAS ORDINANCE NO,_ PAGE 1 OF4
amended by changing the zoning of the Property described in Exhibit A from Restricted
Commercial (C-1) to Planned Development (PO) zoning. Any use of the Property. or
any part of the Property. may occur only after the owner or proposed occupant or user
secures a City-issued certificate of occupancy ("Occupancy Permit"), and is otherwise
subject to all generally applicable City ordinances or Codes that do not directly conflict
with this Ordinance. The Planned Development (PO) zoning regulations will be the
same as the regulations for the Restricted Commercial (C-1) district, except that the PO
zoning regulations shall include additional uses to the extent set forth below:
Child Care Center -allowed by right if the site plan. which is subject to City Council
approval, sufficiently depicts that:
1. maneuvering/drop-off locations are designed and properly oriented in
relation to surrounding streets and adjacent land uses; and
2. there is adequate separation or buffer from adjacent uses when
appropriate.
Fraternal Organizations. Lodge or Civic Club -allowed by right.
Garden Center Retail Sales -allowed by right.
School. Trade or Commercial -allowed by right provided that all training occurs indoors
without the creation of noise, dust, smoke or fumes that can be detected at property
lines. No truck driving schools are allowed.
Telephone Exchange -allowed only by Conditional Use Permit (also referred to as
"Special Use Permit").
Auto Parts Sales -allowed by right for indoor sales only.
Motorcycle Sales & Service -allowed only by Conditional Use Permit.
Amusement. Commercial (Indoor) -allowed by right.
Baker & Confectio nary (Retail) -allowed by right; commercial baker/bakery allowed
only by Conditional Use Permit.
Barber School or College -allowed by right.
Cleaning & dyeing (small shop) -allowed only by Conditional Use Permit. A dry cleaner
falls under the definition of a personal service shop and is allowed by right
Medical Supplies sales & services -allowed by right.
Print Shop -allowed by right.
CITY OF ANNA, TEXAS ORDINANCE NO._ PAGE20F4
Service Retail -allowed by Conditional Use Permit.
Veterinary Clinic (no outside pens) -allowed by right for small animals; allowed only by
Conditional Use Permit for large animal or small and large animal combination facility.
Nursery School. Kindergarten ~ allowed by right if the site plan, which is subject to City
Council approval, sufficiently depicts that:
1.
2.
maneuvering/drop-off locations are designed and properly oriented in
relation to surrounding streets and adjacent land uses; and
there is adequate separation or buffer from adjacent uses when
appropriate.
Section 3. Official Zoning Map
The official Zoning Map of the City shall be corrected to reflect the change in zoning
described herein.
Section 4. Savings, Repealing and Severability Clauses
It is hereby declared to be the intention of the City Council that the words, sentences,
paragraphs, subdivisions, clauses, phrases, and provisions of this ordinance are
severable and, if any phrase, sentence, paragraph. subdivision, clause, or provision of
this ordinance shall be declared unconstitutional or otherwise invalid or inapplicable by
the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality. invalidity or inapplicability shall not affect any of the remaining
words, sentences, paragraphs, subdivisions, clauses, phrases, or proVisions of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional, invalid or inapplicable
words, sentences, paragraphs, subdivisions. clauses, phrases, or provisions. Further,
all ordinances or parts of ordinances in force when the provisions of this ordinance
become effective that are consistent and do not conflict with the terms and provisions of
this ordinance are hereby ratified to the extent of such consistency and lack of conflict,
and all ordinances or parts of ordinances in force when the provisions of this ordinance
become effective that are inconsistent or in conflict with the terms and provisions
contained in this ordinance are hereby repealed only to the extent of any such conflict.
Section 5. Penalty
Any violation of any of the terms of this ordinance, whether denominated in this
ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of
any such violation shall be fined in an amount not to exceed $2,000 for each incidence
of violation. Each day a violation exists is considered a separate offense and will be
punished separately.
CITY OF ANNA, TEXAS ORDINANCE NO._ PAGE30F4
Section 6. Publication of the Caption and Effective Date
This ordinance shall be effective upon its passage by the City Council, approval by the
Mayor, and posting and/or publication. if required by law, of its caption. The City
Secretary is hereby authorized and directed to implement such posting and/or
publication.
PASSED by the City Council of the City of Anna, Texas this ___day of
_________2011.
ATTESTED: APPROVED:
Natha Wilkison, City Secretary Darren R. Driskell, Mayor
CITY OF ANNA, TEXAS ORDINANCE NO,_ PAGE40F4
TRACT 1:
~I'1'(Jl\Tl.m in the County of Collin, State of Texas, being a part of the survey originally
gnlllted to Henry Brantley, Abstract No. 71, in the Town of Anna, Collin County, Texas, and
lOon~ particularly described as follows:
O~GINNrNG at a stake in the West line of the right of way of U.S. Highway 75, the
SO\lth~~ast corner of the tract sold to W.R. Lindsey, on January ,27, 1942:
TIIENCr:: in a southerly direction and with the West line of said Highway 75, 125 feet to a
Atake, the North~ast corner of the L,n. Hendrix lot;
THENCE in a westerly direction ,and with the North line of the said Hendrix lot, . and
r;ontinuing in the same direction, in all 470 feet to a stake for the Southwest corner of
the tract therein conveyed;
THENCE ill a riortheJrly direction and parallel with the West line of Highway 75, 240 ;t'eet to
a fll:uke;
THENCE in un easterly direction and parallel with the South line hereof, 270 feet to ~
stake, the Northwest corner of the said W.R. Lindsey lot;
THENCE in a southerly direction and with the West line of said Lindsey lot, 115 feet to
the SOl,lthwes t corner of said W. R. ,Lindsey lot i
THENCE in an easterly direction and with the South line of said W.R, Lindsey lot, 200 feet
to tile place ~f beginning, containing B9,800 square feet of land, more or less.
TRACT 2:
SITUl\TED in the ,County of Collin, State of Texas being a part of the survey o;riginally
grail ted to Henry. Brantley in the Town of Anna, Collin County, Texas, Bnd more particu~arly
described as follows:
BEGINNING at a stake in the West line of right of way U.S. Highway 75 which is 125 feet
N01:tlJ of the Nort.heast corner of 'the L.n. Hendricks loti
THENCE in a westerly direction, 200 feet and, parallel to the North line of the L.D.
Hendricks lot a stake;
THENCE: in a nor,therly direction and parallel to Highway 75, 115 feet to a stake;
THI!:NCE in an easterly direction, paralle'l to the Sout.h line of the lot herein conveyed 200
feet to a stake in the West line of Highway 75;
THENCE in a southerly direct.ion and with the West line of Highway 75, 115 feet to t.he
place of beginning, containing 23,000 feet of land, more or less, being the same land
described in a deed fr,om Arlie E. Lindsey, a widow,. to Horace H. Hunter et ux c;iated .April
11, 1972, recorded in Volume 81B, Page B51-853 of the Deed Records of Collin County,
Texas.
HwyMarker;
Thence N 88 0
National Bank:
N.o. 455, and also being a Comer of aforementioned Bank Property;
ThenceS 88 0
Exh:1bit "An,. continued
Tract 3:
A tract of land being a part of the H. Brantley su~ey, Abstract No. 71 and being in the
City of Anna, Texas, and being a part of two separate tracts described under Tract Three
in a deed from Wesley Hendricks, et a1 to Mary Alma Hendricks recorded in Volume 791, Page
79 of the Deed Reco~ds of Collin County, Texas, and being describe? as fol19ws:
BEGINNING at a 1/2 inch Iron Pin set in the North right of way line of FM HwY. No. 455,
point bears North 88 deg. 05 min. West a distance of 193.1 feet from the intersection of
the North right of way line FM Hwy. No. 455 with the West right of way line of State Hwy.
No.5;
THENCE North 2 deg. 52' min. East a distance of 162.7 feet to a 1/2" Iron Pin set in a , .fence line;
THENCE North SS deg. 20 min. Weat along a fenCe at 243.7 feet passing a 1-1/4" x 2" angle
iron marking property corner, continuing in all a distance of 262.2 feet to a 1/2" Iron
Pin;,
THENCE South 4:3 deg, 16 min, West along a fence a distanqe of 62.2 feet a' 1/2" Iron Pin;
THENCE South 25 deg. 00 min. West, generally along a fence a distance of 108.2 feet a 3/8"
Iron Pin set in conc~ete on North right of way line of FM Hwy. No. 455 and in a drain
ditch;
THENCE South 74 deg. 20 min. East along right of way line a distance of 3.2 feet to a 3/8"
Iron Pin set in concrete in a drain ditch at the p.e. of curve;
THENCE with the North right of way of Hwy. with a curve to the left-curve: Radius-27S.31
feet, Chord South 80 deg. 40 min. East -68.48·feet, a distance of 68.7 feet to a 5"
wooden ~wy. marker and P.T. of curve;
'THENCE South 01 deg. 55 min. West a distance of 5 feet with off-set in Hwy. right of way
to a 1/2" I~on Pin;
THENCE south 88 deg. 05 min. East along Nor~h right of way line of FM Hwy. No. 455 a
dist.ance ·of 271.1, feet to the place of beginniflg I containing 1.150 acres of land, mor~ OI'
less.
4:
Plat ofa tract ofland being apart oftheH. BRANTLEY SUR. AB. NO. 71, and being in the City
ofAnna; Texas, and being apart oftwo separate tracts descnoed under TRACT TIIREEn-.J:ADEED
FROM WESLEY HENDRlCKS, ET AL,.TO MARY ALMA HENDRICKs recorded in Volume
791, Page 79 of the Deed Records of Collin County, Texas, being described as follows:
Beginning at a Concrete Hwy Marker set on the North RIW Line ofF.M. Hwy No. 455 and on the
WestRfW Line of State HwyNo. 5;
ThenceN. 4° 47' E along WestRiWLine ofStat~HwyNo. 5 a distance of163.8 feet to a Wood 5"
.. ;'
.'i
20' W a distance of 198.6 feet to a 5/8" Iron Pin set at an Ell Comer of The First
." '
-Anna Propert<;;
Thence S2° 52' W a distance of162.7 feet to a W' Iron Pin set on the North.RIW Line ofF oM. Hwy
05' E along the NorthRIW Line ofF. M. HwyNo. 455 a distance of193.1 feet to the
con 0.733 of