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HomeMy WebLinkAboutOrd 0987-2022 Annexing 0.02 Acre at 4877 Sam Rayburn HwyCITY OF ANNA, TEXAS ORDINANCE NO. Q 8'7-v2o 2 AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF ANNA, COLLIN COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID MUNICIPALITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN SAID MUNICIPAL CORPORATE LIMITS AND GRANTING TO ALL THE INHABITANTS OF SAID PROPERTY ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID INHABITANTS BY ALL OF THE ACTS, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF SAID CITY AS SET FORTH HEREIN; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 43 of the Texas Local Government Code authorizes the annexation of territory, subject to the laws of this state; and WHEREAS, the City of Anna, Texas (the "City") is a Texas home -rule municipality; and WHEREAS, Section 43.0671 of the Texas Local Government Code authorizes a municipality to extend the boundaries of the municipality and annex areas by request of the owner(s) of the areas; and WHEREAS, the procedures prescribed by the Texas Local Government Code and the laws of this state have been duly followed with respect to the City's annexation of following described territory, to wit: a 0.02 acre tract of land situated in the David Van Winkle Survey, Abstract No. 937, Collin County, Texas, being part of a tract (Tract Three) conveyed to Alex Johnson in Document No. 20111208001327520 of the deed records of Collin County, Texas; and WHEREAS, the land being annexed under this ordinance (the "Annexation Tract") is described as a portion of a lot more specifically in EXHIBIT A which was not annexed by Ordinance No. 532-2010, EXHIBIT B, attached hereto; and WHEREAS, the Annexation Tract is wholly located with the City's extraterritorial jurisdiction; and WHEREAS, on or about July 6, 2022, the respective owners of the Annexation Tract submitted a written request to the City for annexation of said tract into the corporate limits of the City and the City and said owners have entered into a written agreement regarding municipal services to be provided by the City in accordance with Texas Local Government Code § 43.0672 and said written agreement is as set forth in EXHIBIT C, attached hereto; and WHEREAS, the City timely published notice and held a public hearing on this annexation at a duly noticed public meeting in accordance with the laws of this state; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: City of Anna, Texas Ordinance No, V RrI - aoaa Page 1 of 2 SECTION 1. The recitals set forth above are hereby incorporated in this ordinance as if set forth in full for all purposes. SECTION 2. The Annexation Tract is hereby annexed into the corporate boundary limits of the City of Anna, Collin County, Texas, and that said corporate boundary limits of the City of Anna be and the same are hereby extended to include the above described territory within the corporate limits of the City, and the same shall hereafter be included within the territorial limits of the City, and the inhabitants thereof shall hereafter as set forth be entitled to all the rights and privileges of other similarly situated citizens of the City of Anna and they shall be bound by the acts, ordinances, resolutions, regulations and all other legal acts of said city. SECTION 3. The official map and boundaries of the City of Anna are hereby amended and revised so as to include the area annexed, and to reflect the expansion of the City's extraterritorial jurisdiction resulting from such annexation and the City Manager is directed to take all actions necessary to make said changes to the official boundary map of the City. SECTION 4. The City Secretary is hereby directed to file a certified copy of this ordinance and the amended official boundary map referenced in Section 3 with the with the County Clerk of Collin, Texas and the Texas Comptroller's Office. SECTION 5. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance be severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, and the remainder of this ordinance shall be enforced as written. SECTION 6. All ordinances and parts thereof in conflict herewith are hereby expressly repealed insofar as they conflict herewith. SECTION 7. This ordinance shall become effective immediately upon the date and time of its adoption and it is accordingly so ordained. PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THIS THE 26TH DAY OF JULY, 2022. -�7 OF AN, NA ATTEST: CARRIE L. LAND. CITY SECRETARY"n„7 E)( P ° OF ANNA, PIKE, MAYOR City of Anna, Texas Ordinance No. 9941_- a Page 2 of 2 EXHIBIT `4A" FIELD NOTE DESCRIPTION A 3.021 ACRE TRACT OF LAND THAT IS A PART OF THE DAVID VAN WINKLE SURVEY, ABSTRACT NO.937, COLLIN COUNTY, TEXAS, BEING ALL OF TRACTS ONE (1), TWO (2) AMID THREE (3) OF THE TRACT CONVEYED TO ALEX JOHNSON IN DOCUMENT NO. 20111208001327520 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS, BEING FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND 1/2" IRON ROD WITH CAP AT THE SOUTHEASTERLY CORNER OF THAT TRACT CONVEYED TO RICHARD DZANSKI IN DOCUMENT NO. 20150826001080360 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS, BEING ALSO ON THE NORTHWESTERLY RIGHT OF WAY LINE OF SAM RAYBURN HIGHWAY; THENCE NORTH 28029'42" WEST ON THE EASTERLY LINE OF SAID DZANSKI TRACT, A DISTANCE OF 508.53 FEET TO A FOUND 5/8" IRON ROD ON THE SOUTHERLY LINE OF TRACTS OWNED BY WKG ENTERPRISES LTD; THENCE SOUTH 89053'44" EAST ON A SOUTHERLY LINE OF SAID WKG TRACT, PASSING AT 55.57 FEET A FOUND 5/8" IRON ROD, A TOTAL DISTANCE OF 334.59 FEET TO A FOUND 5/8" IRON ROD AT THE NORTHWESTERLY CORNER OF THAT TRACT CONVEYED TO TREY SPYROPOULOS IN DOCUMENT NO.20080606000688540 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS; THENCE ON THE WESTERLY LINE OF SAID SPYROPOULOS TRACT THE FOLLOWING TWO COURSES: SOUTH 33002'03" EAST, A DISTANCE OF 121.41 FEET TO A FOUND 5/8" IRON ROD, SOUTH 72046' 58" EAST, A DISTANCE OF 199.22 FEET TO A FOUND 3/8" IRON ROD WITH CAP AT THE SOUTHWESTERLY CORNER OF SAID SPYROPOULOS TRACT, BEING ON THE NORTHWESTERLY RIGHT OF WAY LINE OF SAM RAYBURN HIGHWAY; THENCE SOUTH 5003952" WEST ON SAID RIGHT OF WAY LINE, PASING AT 149.91 FEET A FOUND 1/2" IRON ROD, AT 299.91 FEET A FOUND 5/8" IRON ROD, FOR A TOTAL DISTANCE OF 450.52 FEET TO THE POINT OF BEGINNING. STREET ADDRESS LEGAL OES(x8PT10N 4877 SAM RAYBURN HWY ANNA, TX 75409 SEE ATTACHED EXH1B/T "A" WXC ENTERPRISES L FO DOCUMENT No.. 19990812001020770 EF AL RW'AH Roo AiPH S89'5344E 334.59' �, 6> MIX IWE fExCE _______ TREY SPYROPOULOS + o DOCUMENT NO. 20080605000688540 ALEX J(kINSON 4BSg DOCUMENT 7gg?Z' NO. aol01J27s20 r'm 3,021 i�:�•J021 AL'R£S ' Nam. -!- yi Rmsw 51( P4P.�1 RICHARD OZANSX/DOCUMENT t NO. I z 20150MOOI06OJ60 lWND �t 5/8' �j BA L(T7'` IRON Roo POINT OF BEGINNING'�,� tom' `EWND I�z a2W RW inDi cw N BASIS OF BEARING 1' - I(p LRAPWC SCALE ME BEHINDS SHOWN HEREON ARE BASED W WE NWMWEST LRLE L SAY RA1BI/RN HIGHWAY, HANND A D 50 too GYHD VFA ND of StWIM SOJ9'S2' REST, WXAS SE OF TE COORDINAW SY$R?AI K 19BA NORW CENMAL ZL SP CER71RCA77ON SYMBOL LEGEND Wd S/F1YY 4 WE RESUL I AN W-WE-CROWD •• L S Wv. ARD RkF£ ARE IID O/SCREPAHOES .... I .............................. • MONUMENT fOWo AS NOWo O MOM1YIMEN) SE! AS NOIEO CLYIALICM SNORFACES IN AREA• ENCRD.ALH WM •- 5499 OYERLAPPWD OF VIMONWERM M RCLIDWAM PD () RFCORO ViLLVL PER DFEO ExC r AS OM WSE SNOW BY ME SVRIEY. ALL AIDN/YENM 9 WN EMSY AW ME LOCH MAV AND 91E Cq•,•_"••... .• -ry No () NEAS V MUE SNOWt ARE MVE AW LtlR f S'IM'1E� wm W� A, toil "wr AiB /: 21-IIB9 CLENF9RSVBUT/p/ .AAiLEY� V IRw 3(Ai6EY WMCE A' 2J9 mz�La BRAD WELLS, RPLS 315 FAIRLAND DRIVE xnLea PAAMAU 4WA Asu i ME, 7X 75098 now ZONE (405) J05-8325 wellsbgOgmaiLcom ACCWOAVG W IENA EJ.R.M NAP ABo35CMBOJ RMS SURLEY Is PRERHLD !w DE EXCLU9w USE AW BENEAIT L ME PHRES OSWo HEREON. LI ln` m RARo PAWRES MAY AIOY BE W/M AN EAEECRIC UAW W W/D2/2099, RW M W REWSIW I LlA W REW9W 2 SUBAK! PRD�ERYY L W o w. H MEA WHSEERREb W ASYWEO. W UWAL R= WI I. Area N CITY OF ANNA, TEXAS ORDINANCE NO.532-2010 AN ORDINANCE ANNEXING INTO THE CITY OF ANNA, TEXAS THE HEREINAFTER DESCRIBED TERRITORY ADJACENT TO AND ADJOINING THE CITY OF ANNA., TEXAS, TO WIT: BEING A CERTAIN AREA OF LAND SITUATED IN THE D. VAN WINKLE LAND SURVEY, ABSTRACT NUMBER A0937, SISTER GROVE ESTATES, HIRAM BRINLEE LAND SURVEY, ABSTRACT NUMBER A0030, J.* C. NEIL LAND SURVEY, ABSTRACT NUMBER A0659, AND THE JAS SORREL LAND SURVEY, ABSTRACT NUMBER A0858, COUNTY OF COLLIN, STATE OF TEXAS; AMENDING THE OFFICIAL CITY MAP; PROVIDING FOR A SERVICE PLAN; REQUIRING THE FILING OF THIS ORDINANCE WITH THE COLLIN COUNTY CLERK; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Anna, Texas ("City") is a home -rule municipality located in Collin County, Texas, created In accordance with the provisions of the Texas Local Government Code and operating pursuant to the enabling legislation of the State of Texas and the Citys Home -Rule Charter, and WHEREAS, the City desires to annex into its corporate limits the hereinafter described territory adjacent to and adjoining the City (hereinafter, referenced as the "Territory`, to v& being a certain area of land situated In the D. Van Winkle land survey, Abstract Number A0937, Sister Grove Estate, Hiram Brinlee land survey, Abstract Number A0030, J. C. Neil land survey, Abstract Number A0659, and the Jas Sorrel land survey, Abstract Number A0858, County of Collin, State of Texas and more particularly described in the attached Exhibit A, which is incorporated herein for all purposes; and WHEREAS, all statutory notice requirements relating to the annexation of the Territory pursuant to Chapter 43 of the Texas Local Government Code have been satisfied; and WHEREAS, two public hearings were conducted in accordance with Section 43.052 of the Texas Local Government Code to consider the annexation of the Territory; and WHEREAS, said public hearings were conducted and held no more than forty (40) days nor less than twenty (20) days prior to the institution of annexation proceedings; and WHEREAS, the City Council of the City of Anna, Texas ("City Councill has determined that it would be advantageous and beneficial to the City, its citizens, and the inhabitants of the Territory, to annex the Territory to the City; and WHEREAS, the City Council has determined that the Territory Is adjacent to and adjoins the City, and Oa 532.2010 anna celon ama n.doc PAGE 1 OF 4 12-14-10 Area N WHEREAS, the City Council has investigated, determined and officially finds that no part of the Territory is within the extraterritorial jurisdiction of any other incorporated city or town; and WHEREAS, to the extent that this ordinance would cause an unincorporated area to be entirely surrounded by the City's corporate limits, the City Council has found —and incorporates herein its finding-4hat surrounding the area Is in the public interest; and WHEREAS, a service plan providing for the extension of municipal services into the Territory, which was prepared prior to and made available at the aforementioned public hearings, is attached hereto as Exhibit B and incorporated herein for all purposes; and WHEREAS, all procedures and proceedings related to this ordinance and to the annexation of the Territory have been undertaken and acted upon in accordance with the Texas Open Meetings Act, as applicable; and WHEREAS, after hearing the arguments for and any arguments against the annexation of the Territory, the City Council finds that the Territory should be annexed; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. Incorporation of Recitals. The above -stated recitals are incorporated into this ordinance as if set forth In full here for all purposes. Section 2. Territory Annexed. (a) The Territory, described in Exhibit A attached hereto, which is hereby made an integral part of this ordinance, lying adjacent to and adjoining the present corporate boundaries of the City, is hereby added and annexed Into the City, and the Territory shall hereafter be included within the corporate boundary limits of the City, and the present boundary limits of the City are altered and amended so as to Include the Territory within the corporate limits of the City. (b) From and after the passage of this ordinance, the Territory shall be a part of the City, and, subject to the municipal service plan referenced in Section 4 of this ordinance, the inhabitants thereof shall be entitled to all of the rights, privileges and Immunities as all other similarly situated citizens of the City, and shall be bound by all of the ordinances and regulations enacted pursuant to and In conformity with the general laws of the State of Texas. Section 3. Official City Map Amended. (a) The official map and boundaries of the City's corporate limits are hereby amended so as to include the Territory. Ord. M2-2010 annexation area n.doc PAGE 2 OF 4 12-1410 Area N (b) The City Manager Is hereby directed and authorized to perform or cause to be performed all acts necessary to update the official map of the City to add the Territory hereby annexed as required by law, but any delay In or failure to update such map shall in no way Impact or affect the validity of this ordinance or this annexation. Section 4. Municipal Service Plan. The municipal service plan for the Territory, attached hereto as Exhibit B. was submitted in accordance with Chapter 43 of the Texas Local Government Code and is hereby approved as part of this ordinance. Section b. Filing of Ordinance. The City Secretary is hereby directed to file or cause to be filed a certified copy of this ordinance in the office of the County Clerk of Collin County, Texas, and any other necessary agencies, including the United States Department of Justice. Section 6. Cumulative Repealer. This ordinance shall be cumulative of all other ordinances and shall not repeal any of the provisions of such ordinances except for those Instances where there are direct conflicts with the provisions of this ordinance. Ordinances, or parts thereof, in force at the time this ordinance shall take effect and that are Inconsistent with this ordinance are hereby repealed to the extent that they are inconsistent with this ordinance. Section 7. Severability. If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutlonal by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the City Council hereby declares it would have passed such remaining portions of the Ordinance despite such Invalidity, which remaining portions shall remain in full force and effect. Section 8. Engrossment and Enrollment. The City Secretary of the City of Anna is hereby directed to engross and enroll this ordinance by copying the Caption in the minutes of the City Council of the City of Anna and by filing this ordinance in the ordinance records of the City. Section 9. Effective Date. This ordinance shall be in full fore and effect from and after its date of passage. PASSED by the City Council of the City of Anna, Texas, this 10 day of December, 2010, by the following vote of the members of the City Council as present: AYES NAYS ABSTAIN Ord. W2 2010 anrmcatbn area n.doc PAGE 3 OF 4 12-1410 Area N ATTEST: APPROVED: �/ al City ecretary, Natha Wllkison MayniytirreM. Driskell Ord. SM 2010 ennamtIon area n.doc PAGE 4 OF 4 124440 Exhibt A Tract 1 Situated in Collin County, Texas and being part of the Hiram Brinlee Survey, Abstract No. 30, the David VanWinkle Survey, Abstract No. 937, the L Serrel Survey, Abstract No. 858, and being more particularly described as follows: BEGINNING in the east line of the Serrel Survey and the west line of the VanWinkle Survey, and being in the northwest right-of-way line of the Sam Rayburn Memorial Highway; THENCE north 51 degrees 37 minutes 57 seconds east a distance of 271.95 feet to a point for comer, THENCE north 01 degrees 04 minutes 59 seconds east a distance of 569.82 feet to a point for comer, THENCE north 50 degrees 50 minutes 29 seconds east of 816.32 feet to a point for comer, THENCE north 88 degrees 29 minutes 45 seconds east of 292.55 feet to a point for comer, THENCE south 44 degrees 59 minutes 59 seconds east of 150.12 feet to a point for comer, THENCE south 76 degrees 23 minutes 59 seconds east of 136.30 feet to a point for comer, THENCE north 51 degrees 15 minutes 03 degrees 00 seconds east of 253.04 feet to a point for comer; THENCE south 89 degrees 14 minutes 47 seconds east of 874.33 feet to a point for comer, THENCE south 50 degrees 48 minutes 42 seconds west of 3,187.32 feet to a point for comer, THENCE north 00 degrees 38 minutes 22 seconds east of 469.21 feet to a point for comer, THENCE south 89 degrees 34 minutes 10 seconds west of 143.22 feet to a point for comer, THENCE south 50 degrees 48 minutes 42 seconds west of 1,821.96 feet to a point for corner, THENCE south 18 degrees 18 minutes 57 seconds east of 481.61 feet to a point for comer; THENCE south 50 degrees 48 minutes 42 seconds 71 west of 3,401.28 to a point for comer, THENCE north 00 degrees 43 minutes 03 seconds west of 554.26 feet to a point for comer, THENCE south 51 degrees 06 minutes 17 seconds west of 1,093.06 feet to a point for comer, THENCE south 53 degrees 22 minutes 55 seconds west of 1,001.53 feet to a point for corner, THENCE south 00 degrees 21 minutes 03 seconds west of 555.56 feet to a point for corner; THENCE south 53 degrees 39 minutes 51 seconds west of 1,016.70 feet to a point for comer, THENCE north 88 degrees 13 minutes 50 seconds west of 1,620.46 feet to a point for corner, THENCE north 53 degrees 39 minutes 51 seconds east of 3,019.60 feet to a point for corner in a curve to the left with a radius of 11,500 feet and a chord bearing of north 52 degrees 14 minutes 17 seconds a distance of 572.44 feet; THENCE with said curve a distance of 572.50 feet, THENCE north 50 degrees 48 minutes 42 seconds east of 1,827.32 feet to a point for comer, THENCE south 27 degrees 07 minutes 05 seconds east of 441.32 feet to a point for comer, THENCE north 47 degrees 50 minutes 19 seconds east of 162.13 feet to a point for comer, THENCE north 53 degrees 48 minutes 04 seconds east of 106.99 feet to a point for corner, THENCE north 22 degrees 18 minutes 01 seconds west of 448.06 feet to a point for corner; THENCE north 50 degrees 48 minutes 42 seconds east of 418.34 feet to a point for corner, THENCE south 11 degrees 29 minutes 28 seconds west of 219.79 feet to a point for corner; THENCE south 03 degrees 50 minutes 54 seconds west of 394.84 feet to a point for corner, THENCE north 53 degrees 48 minutes 08 seconds east of 348.61 feet to a point for corner, THENCE north 40 degrees 06 minutes 17 seconds east of 202.48 feet to a point for comer, THENCE north 51 degrees 46 minutes 59 seconds east of 28.13 feet to a point for corner; THENCE north 62 degrees 35 minutes 57 seconds east of 159.85 feet to a point for corner, THENCE north 50 degrees 11 minutes 40 seconds east of 1,281.05 feet to a point for comer, THENCE north 53 degrees 24 minutes 32 seconds east of 518.17 feet to a point for comer, THENCE north 50 degrees 03 minutes 48 seconds east of 1,751.40 feet to the PLACE OF BEGINNING and containing 173.68 acres of land more or less save and except areas that are already within the City Limits of Anna. Tract 2 Situated in Collin County, Texas and being part of the David VanWinkle Survey, Abstract No. 937, and being more particularly described as follows: BEGINNING in the most easterly intersection of the right -of --way line of F. K Highway 455 and the south line of Wild Rose Farms Subdivision; THENCE south 86 degrees 56 minutes 22 seconds east a distance of 388.23 feet to a point for corner, THENCE south 175.53 feet to a point for comer; THENCE east 262.60 feet to a point for corner, THENCE south 299.84 feet to a point for corner, THENCE west 227.42 feet to a point for corner in a non tangent curve to the left with a radius of 776.52 feet and a chord bearing of north 40 degrees 26 minutes 36 seconds west a distance of 651.86 feet; THENCE northwesterly with said curve a distance of 672.70 feet to the PLACE OF BEGINNING and containing 3 acres of land more or less save and except areas that are already within the City Limits of Anna. Tract 3 Situated in Collin County, Texas and being part of the David VanWinkle Survey, Abstract No. 937, and being more particularly described as follows: BEGINNING in the southwesterly intersection of the right-of-way line of F. M. Highway 455 and the southeast right-of-way line the Sam Rayburn Memorial Highway; THENCE north 46 degrees 41 minutes 05 seconds east a distance of 131.89 feet to a point for corner, THENCE north 50 degrees 52 minutes 42 seconds east a distance of 1,111.73 feet to a point for corner; THENCE north 89 degrees 54 minutes 59 seconds east a distance of 694.26 feet to a point for comer, THENCE south 50 degrees 48 minutes 42 seconds west a distance of 1,395.58 feet to a point for corner; THENCE north 89 degrees 20 minutes 53 seconds west a distance of 334.24 feet to a point for comer; THENCE north 77 degrees 22 minutes 23 seconds west a distance of 169.63 feet to a point for corner, THENCE north 56 degrees 03 minutes 23 seconds west a distance of 85.93 feet to the PLACE OF BEGINNING and containing 13.7 acres of land more or less save and except areas that are already within the city Limits of Anna. Tract 2 LEGAL IN AREA "N" s_esa,�szz: radius m 776.52 % length = 672.70 ' ti 262.60' chord bearing = 651.86' N 40d26'W' W �� �, TRACT 2 EXHIBIT B ANNEXATION SERVICE PLAN POLICE PROTECTION On the effective date of annexation, the City of Anna, Texas and its Police .Department will provide police protection to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. FIRE PROTECTION On the effective date of annexation, the City of Anna, Texas and its Fire Department will provide fire protection to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. EEIIAERGENCY MEDICAL SERVICES On the effective date of annexation, the City of Anna, Texas, through its contract with Collin County or another service provider, will provide emergency medical services to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use. and population .density within the newly annexed area. SOLID WASTE COLLECTION On the effective date of annexation, the City of Anna, Texas, through its contract with Bradshaw and Son or another service provider, will provide solid waste collection to residents and businesses in the newly annexed area (to the extent that the service provider has access to the area to be serviced) at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. Such service will be .provided In accordance with existing City policies and Ordinances, and only upon payment of any required deposits and the agreement to pay lawful service fees and changes for solid waste collection. Residents and businesses of the newly annexed area that have existing contracts with solid waste service providers have two years from the date of annexation or until the termination date of the existing contract, whichever is sooner, to begin solid waste Page 9 of 4 collection service through the City. Solid waste collection is mandatory for City of Anna residents and businesses operating within the city limits. WATER AND WASTEWATER FACILITIES On the effective date of annexation, any and all water or waste water facilities owned by the City of Anna, Texas at the time of annexation shall be maintained and operated by the City of Anna, Texas. Of such facilities, the City will maintain the main water transmission and wastewater collection lines. All water and wastewater service lines {up to and including the service line connection with the City's main line, shall be maintained by the property owner served by the service connection. Residents and owners of property in newly annexed areas that are located within the City's water or wastewater CCN will be offered water and wastewater service In accordance with City policies and ordinances in existence at the time of annexation or as may be amended from time -to -time by the City Council. Generally, these ordinances state that the land owner or customer must bear the cost of construction of water and wastewater system facilities to a point where suitable connection to the existing system can be made and service to the customer can be provided_ All water and wastewater facilities designed to connect to the CKYs existing system must be approved .by the City and meet all City zoning, subdivision, and other development ordinances and requirements. ROADS AND STREETS On the effective date of annexation, any and all existing public roads or streets in the newly annexed area which have been dedicated to Collin County, Texas .or to the City of Anna, Texas, or which are owned by the City of Anna, Texas shall be maintained to the same degree and extent that other roads and streets are maintained In areas of the City with similar topography land use and population density. Specific maintenance activities are determined by available funding and the treed for maintenance as determined by the City. The City is not obligated to maintain any portion of a private road or street. Any and all lighting of roads and streets which may be .positioned In .a public right of way, roadway or utility company easement shall be maintained by the applicable utility company servicing that area of the City of Anna, Texas pursuant to the rules regulations and fees of such utility. An owner of land within the newly annexed area that desires to develop said .property will be required pursuant to the ordinances of the City of Anna, Texas to provide Internal and peripheral streets and to construct those streets in accordance with the specifications required by the City of Anna, Texas. ,Page 2 of 4 PARKS PLAYGROUNDS AND SWIMMING POOLS OR ANY OTHER PUBLICLY OWNED FACILITY BUILDING OR SERVICE The City Council of the City of Anna, Texas Is not aware of the existence of any public parks, public playgrounds, public swimming pools, or any other publicly owned facility, building or service now located in the area proposed for annexation. In the event any such parks, playgrounds, swimming pools, or any other public facilities, buildings or services do exist and are public facilities, the City of Anna, Texas will maintain such areas upon annexation to the same extent and degree that it maintains public parks, public playgrounds, public swimming pools, other public facilities buildings or services and other similar areas of the City now Incorporated in the City of Anna, Texas. To the extent that it becomes necessary because of development demands .population growth or a bona fide need, the City Council of the City of Anna, Texas will undertake to provide any such facility which it deems necessary to adequately provide for the health and safety of the citizens of the newly incorporated area based upon the standard considerations of topography, JarW use and population density. OTHER MUNICIPAL SERVICES Following annexation by the City of Anna, Texas, the City will provide rode enforcement, planning, and animal control services to the newly annexed area, to the extent such services are funded in the annual budget and provided by the City within its full -purpose boundaries. Such services will be provided to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. CONSTRUCTION OF CAPITAL IMPROVEMENTS The City Council of the City of Anna, Texas finds and determines it to be unnecessary to acquire or construct specific capital improvements for the purposes of providing full municipal services to the newly annexed area. The City Council finds and determines that it has at the present time adequate facilities to provide the same type, kind and level of service which exists In and is presently being administered to other areas already Incorporated in the City of Anna, Texas with the same or similar topography, land use and population density. SPECIFIC FINDINGS The City Council of the City of Anna, Texas finds and determines that this proposed Service Plan will not provide any fewer services and it will not provide a lower level of service In the area proposed to be annexed than were in existence In the proposed area at the time immediately preceding the annexation process. Furthermore the City Council of the City of Anna, Texas finds and determines that the rural nature of the area Page 3 of 4 is characteristically different from other more highly developed areas within the corporate limits of the City of Anna, Texas. Consequently because of the differing characteristics of topography, land use, and population density the service levels which may ultimately be provided in the newly annexed area may differ somewhat from services provided in other areas of the City of Anna, Texas. These differences are specifically dictated because of differing characteristics of the property. The City of Anna, Texas will undertake to perform consistent with this contract so as to provide this newly annexed area with the same type, kind and quality of service presently enjoyed by the citizens of the City of Anna, Texas who reside in areas of similar topography, land use and population density. TERM This Service Plan shall be valid for a term of ten (10) years. Renewal of the Service Plan shall be at the discretion of the City Council. AMENDMENTS This Service Plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this Service Plan unworkable or obsolete. The City Council may amend the Service Plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056. -Page4 of AGREEMENT REGARDING SERVICES This Agreement Regarding Services (this "Agreement" or "Service Plan") is entered into this 26th day of July, 2022 by and between Paragon Realty Group, LLC, and the City of Anna, Texas a home rule municipality. SUBJECT PROPERTY The real property that is the subject of this Service Plan is described as follows: 4877 Sam Rayburn Highway. 0.02± acres. The northwestern point of the property, located on the north side of Sam Rayburn Memorial Highway (S.H. 121), 2,070± feet west of E Farm to Market Road 455 AGREEMENT CONDITIONED ON ANNEXATION This Agreement is conditioned on the City of Anna City Council adopting an ordinance annexing the Subject Property described above on or before the 26th day of July, 2022. If the City Council does not adopt such ordinance on or before said date then this Agreement shall be null and void in its entirety. Nothing in this Agreement shall require the City Council to annex the Subject Property. POLICE PROTECTION On the effective date of annexation, the City of Anna, Texas and its Police Department will provide police protection to the newly annexed area at the same or similar level of service now being. provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. FIRE PROTECTION On the effective date of annexation, the City of Anna, Texas and its Fire Department will provide fire protection to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. Page 1 of 5 EMERGENCY MEDICAL SERVICES On the effective date of annexation, the City of Anna, Texas, through its contract with Collin County or another service provider, will provide emergency medical services to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. SOLID WASTE COLLECTION On the effective date of annexation, the City of Anna, Texas, through its contract with CARDS Dallas, Inc. or another service provider, will provide solid waste collection to residents and businesses in the newly annexed area (to the extent that the service provider has access to the area to be serviced) at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. Such service will be provided in accordance with existing City policies and Ordinances, and only upon payment of any required deposits and the agreement to pay lawful service fees and charges for solid waste collection. Solid waste collection through a subscription with the City's solid waste franchisee is mandatory for City of Anna residents and businesses operating within the city limits unless provided for otherwise by ordinance. WATER AND WASTEWATER FACILITIES On the effective date of annexation, any and all water or wastewater facilities owned by the City of Anna, Texas at the time of annexation shall be maintained and operated by the City of Anna, Texas. Of such facilities, the City will maintain the main water transmission and wastewater collection lines. All water and wastewater service lines from the building to the easement or right-of-way line, shall be maintained by the property owner served by the service connection. Residents and owners of property in newly annexed areas that are located within the City's water or wastewater CCN will be offered water and wastewater service in accordance with City policies and ordinances in existence at the time of annexation or as may be amended from time -to -time by the City Council. Generally, these ordinances state that the landowner or customer must bear the cost of construction of water and wastewater system facilities to a point where suitable connection to the existing system can be made and service to the customer can be provided. All water and wastewater facilities designed to connect to the City's existing system must be approved by the City and meet all City zoning, subdivision, and other development ordinances and requirements. Page 2 of 5 ROADS AND STREETS On the effective date of annexation, any and all existing public roads or streets in the newly annexed area which have been dedicated to Collin County, Texas or to the City of Anna, Texas, or which are owned by the City of Anna, Texas shall be maintained to the same degree and extent that other roads and streets are maintained in areas of the City with similar topography land use and population density. Specific maintenance activities are determined by available funding and the need for maintenance as determined by the City. The City is not obligated to maintain any portion of a private road or street. Any and all lighting of roads and streets which may be positioned in a public right of way, roadway or utility company easement shall be maintained by the applicable utility company servicing that area of the City of Anna, Texas pursuant to the rules regulations and fees of such utility. An owner of land within the newly annexed area that desires to develop said property will be required pursuant to the ordinances of the City of Anna, Texas to provide internal and peripheral streets and to construct those streets in accordance with the specifications required by the City of Anna, Texas. PARKS PLAYGROUNDS AND SWIMMING POOLS OR ANY OTHER PUBLICLY OWNED FACILITY BUILDING OR SERVICE The City Council of the City of Anna, Texas is not aware of the existence of any public parks, public playgrounds, public swimming pools, or any other publicly owned facility, building or service now located in the area proposed for annexation. In the event any such parks, playgrounds, swimming pools, or any other public facilities, buildings or services do exist and are public facilities, the City of Anna, Texas will maintain such areas upon annexation to the same extent and degree that it maintains public parks, public playgrounds, public swimming pools, other public facilities buildings or services and other similar areas of the City now incorporated in the City of Anna, Texas. To the extent that it becomes necessary because of development demands population growth or a bona fide need, the City Council of the City of Anna, Texas will undertake to provide any such facility which it deems necessary to adequately provide for the health and safety of the citizens of the newly incorporated area based upon the standard considerations of topography, land use and population density. OTHER MUNICIPAL SERVICES Following annexation by the City of Anna, Texas, the City will provide code enforcement, planning, and animal control services to the newly annexed area, to the extent such services are funded in the annual budget and provided by the City within its full -purpose boundaries. In addition, the City will provide other municipal services that the City may from time to time provide to other similarly situated areas within the City's corporate limits. The services referenced in this paragraph will be provided to the newly annexed area at Page 3of5 the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. CONSTRUCTION OF CAPITAL IMPROVEMENTS The City Council of the City of Anna, Texas finds and determines it may be necessary to acquire or construct specific capital improvements for the purposes of providing full municipal services to the newly annexed area. These capital improvements shall be constructed as part of the development of the property and may be eligible for impact fee reimbursement. Subject to the foregoing, the City Council finds and determines that it has at the present time adequate facilities to provide the same type, kind and level of service which exists in and is presently being administered to other areas already incorporated in the City of Anna, Texas with the same or similar topography, land use and population density. SPECIFIC FINDINGS The City Council of the City of Anna, Texas finds and determines that this Service Plan will not provide any fewer services and it will not provide a lower level of service in the area proposed to be annexed than were in existence in the proposed area at the time immediately preceding the annexation process. Furthermore, the City Council of the City of Anna, Texas finds and determines that the rural nature of the area is characteristically different from other more highly developed areas within the corporate limits of the City of Anna, Texas. Consequently because of the differing characteristics of topography, land use, and population density the service levels which may ultimately be provided in the newly annexed area may differ somewhat from services provided in other areas of the City of Anna, Texas. These differences are specifically dictated because of differing characteristics of the property. The City of Anna, Texas will undertake to perform consistent with this contract so as to provide this newly annexed area with the same type, kind and quality of service presently enjoyed by the citizens of the City of Anna, Texas who reside in areas of similar topography, land use and population density. AMENDMENTS This Service Plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this Service Plan unworkable or obsolete. The City Council may amend the Service Plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056. Page 4 of 5 Owners : Paragon Realty Group, LLC a Texas Limited Liability Company By: Paragon Realty Group, LLC a Texas Limited Liability Company Its Manager By: Name: Parham Ghassemi Title: Manager IN WITNESS WHEROF: STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on the 20 , by as owner of City of Anna: By: Name: Jim Proce Title: City Manager IN WITNESS WHEROF: STATE OF TEXAS § COUNTY OF COLLIN § day of , Notary Public, State of Texas This instrument was acknowledged before me on the day of , 2022, by Jim Proce as representative of the City of Anna. Notary Public, State of Texas Page 5of5 CITY OF ANNA TEXAS ORDINANCE ISO. 987- 2022 TIVE DATE. City of Anna Ord 987-2022 - Page 2 of 2