HomeMy WebLinkAboutRes 2014-10-07 Setting Dates Times for PH Annexation.pdfCITY OF ANNA, TEXAS
RESOLUTION NO. 2014-10-07
A RESOLUTION ESTABLISHING THE DATES, TIMES, AND PLACES FOR PUBLIC HEARINGS FOR
THE ANNEXATION OF PROPERTY AND DIRECTING THE CITY MANAGER TO OFFER ON BEHALF
OF THE CITY TO MAKE A DEVELOPMENT AGREEMENT WITH THE OWNERS OF S AID
PROPERTIES WITHIN THE AREA PROPOSED FOR ANNEXATION
WHEREAS, in order to better protect the health, safety, and welfare of the citizens of Anna, the
City Council of the City of Anna wishes to consider annexation of certain property described as
a 162.12 acre tract of land located in the F.T. Daffau Survey, Abstract No. 0288, and a 64.5 acre
tract of land located in the John Ellett Survey, Abstract No. 0296; as depicted in Exhibit A; and
WHEREAS, said territory lies adjacent or Contiguous to the present boundaries of the City of
Anna, Texas; now therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA THAT
Section I.
The City Council of the City of Anna hereby proposes to annex the property Shown in Exhibit A.
Section 2.
Public hearings regarding the proposed annexation are hereby scheduled as follows:
11t Public Hearing — December 9, 2014 at 7:30 p.m. in the City Council Chambers at the Anna
City Hall Administrative Building, 111 N. Powell Pkwy, Anna, TX
2nd Public Hearing — December16, 2014 at 7:30 p.m. in the City Council Chambers at the
Anna City Hall Administrative Building, 111 N. Powell Pkwy, Anna, TX
Section 3.
The City Council hereby directs the City Manager to prepare a service plan that provides for the
extension of full municipal services as required and appropriate for the area shown in Exhibit A.
Section 4.
The City Council hereby directs the City Manager to offer on behalf of the City, to make the
Development Agreement, attached hereto as Exhibit B, with the owners of the properties
located within the area proposed for annexation.
Res. 2014-10-07 Settin PH Dates Times for 162.12 and 64.5 acres annexation & Development Agreement 10-14-14
PASSED by the following vote of all members of the City Council as present on this the 14th day
of October, 2014.
ATTEST:
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Res. 2014-10-07 Settin PH Dates Times for 162.12 and 64.5 acres annexation & Development Agreement 10-14-14
EXHIBIT A
Res, 2014-10-07 Settin PH Dates Times for 162.12 and 64.5 acres annexation & Development Agreement 10-14-14
EXHIBIT B
STATE OF TEXAS )
COUNTY OF COLLIN )
CHAPTER 43 TEXAS LOCAL GOVERNMENT CODE
DEVELOPMENT AGREEMENT
This Agreement is entered into pursuant to Sections 43.035 and/or 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, commonly described as a 162.12 acre tract of land located in the F.T. Daffau Survey,
Abstract No. 0288, and a 64.5 acre tract of land located in the John Ellett Survey, Abstract No.
02961 and 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 Sections 43.035 and/or 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, without the prior written consent of the City.
Res. 2014-10-07 Settin PH Dates Times for 162.12 and 64.5 acres annexation & Development Agreement 10-14-14
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 SF-E—Single Family Residential – Large Lot District zoning requirements
apply to the Property, and that the Property shall be used only for SF-E—Single Family
Residential – Large Lot 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 severally, 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 Owner 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. Pursuant to Sections 43.035(b)(1)(B) of the Texas Local Government Code, the City is
authorized to enforce all of the City's regulations and planning authority that do not materially
interfere with the use of the Property for agriculture, wildlife management, or timber, 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 43 and/or Chapter 212
development agreement.
Section S. The term of this Agreement (the "Term") is three years from the date that the City
Manager's signature to this Agreement is acknowledged by a public notary. The Owner, and all
Res. 2014-10-07 Settin PH Dates Times for 162.12 and 64.5 acres annexation & Development Agreement 10-14-14
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.
Res. 2014-10-07 Settin PH Dates Times for 162.12 and 64.5 acres annexation & Development Agreement 10-14-14
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 , 2014.
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 2014, by Philip Sanders,
City Manager, City of Anna, Texas.
Notary Public, State of Texas
Owner 1
Printed Name:
THE STATE OF TEXAS)
COUNTY OF }
This instrument was acknowledged before me on the _day of 2014, by
, Owner 1.
Notary Public, State of Texas
Res. 2014-10-07 Settin PH Dates Times for 162.12 and 64.5 acres annexation & Development Agreement 1044-14
Owner 2
Printed Name:
THE STATE OF TEXAS)
COUNTY OF }
This instrument was acknowledged before me on the _day of 2014, by
, Owner 2.
Notary Public, State of Texas
Owner 3
Printed Name:
THE STATE OF TEXAS)
COUNTY OF }
This instrument was acknowledged before me on the _day of 2014, by
, Owner 3.
Notary Public, State of Texas
Owner 4
Printed Name:
THE STATE OF TEXAS }
COUNTY OF }
This instrument was acknowledged before me on the _day of 2014, by
, Owner 4.
Notary Public, State of Texas
Res. 2014-10-07 Settin PH Dates Times for 162.12 and 64.5 acres annexation & Development Agreement 10-14-14
EXHIBIT "A"
Res. 2014-10-07 Settin PH Dates Times for 162.12 and 64.5 acres annexation & Development Agreement 10-14-14