HomeMy WebLinkAboutOrd 1016-2022 Annexing 77.87± Acres (The Parks at Hurricane Creek) RECORDEDCITY OF ANNA, TEXAS
ORDINANCE NO. I (3 1 Lp — 2C 2. a
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 77.87± acres tract of land situated in the John M. Kincade Survey, Abstract No.
509, and John M. Kincade Survey, Abstract No. 510, Collin County, Texas, conveyed to LandVest
Partners, LLC, recorded in County Clerk's file No. 20220228000319240, official public records,
Collin County, Texas; and
WHEREAS, the land being annexed under this ordinance (the "Annexation Tract") is described
more specifically in EXHIBIT A, attached hereto; and
WHEREAS, the Annexation Tract is wholly located with the City's extraterritorial jurisdiction;
and
WHEREAS, on or about August 8, 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 B. 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. 1 O f (o - 2GA 2 Page 1 of 2
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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 8TH DAY OF NOVEMBER, 2022.
City of Anna, Texas Ordinance No. J t71(a - 6 2 Page 2 of 2
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EXHIBIT A METES AND BOUNDS DESCRIPTION
TRACT 1
BEING a 77.87 Acre Tract of land out of the John M. Kincade Survey, Abstract 510, and the John
M. Kincade Survey, Abstract 509, and being further described by metes and bounds as
follows:
BEGINNING at a 1/2 Inch Iron Rod Found for the Southeast Corner in the North Right -of -Way
line of West Farm to Market Road 455, as described in Volume 372, Page 243, Deed
Records of Colin County, Texas, same being the Southwest Corner of a 29.77 Acre Tract
of land described in County Clerk File No. 20180925001201240, Deed Records of Collin
County, Texas;
THENCE South 77°36'45" West-1028.45 feet along the North Right -of -Way line of said West
Farm to Marked Road 455 to a Point in the East line of a 63.99 Acre Tract of land
described in County Clerk File No. 201403 13 00023 63 80, Deed Records of Collin County,
Texas, for a Corner;
THENCE North 395'52" East -14.00 feet along the East line of said 63.99 Acre Tract to a Point
for a Corner, same being the Northwest Corner of said 63.99 Acre Tract of land;
THENCE North 86°02'43" West - 501.30 feet along the North line of said 63.99 Acre Tract of
land to a Point for a Corner;
THENCE North 43°45'41" West - 122.49 feet along the North Right -of -Way line of said West
Farm to Market Road 455 to a Point for a Corner;
THENCE along the meanderings of Hurricane Creek as follows:
North 63°48'23" East-140.02 feet; South 75° 15'51" East - 49.90 feet;
South 57°40'00" East - 44.20 feet; North 89°44'36" East-107.41 feet;
North 48°55'48" East-103.32 feet; North 64°54'23" East - 74.46 feet;
North 62'17'41" East-124.25 feet; North 14137'26" East - 95.67 feet;
North 32°25'00" East - 54.23 feet; North 12°35'00" West - 51.32 feet;
North 9°33'43" West-110.71 feet; North 32°08'42" East - 77.87 feet;
South 83'41' 15" East-102.37 feet; North 73'44' 18" East - 93.90 feet;
North 16123' 10" East-115.20 feet; North 52146'50" East - 88.53 feet;
North 35°10'33" West - 93.83 feet; North 22°53'55" West-103.54 feet;
North 8° 10'48" West - 94.81 feet; North 6°41'57" East-127.38 feet;
North 1 *01 "25" West - 93.69 feet; North 7'54' 12" East-133.31 feet;
North 54°07'56" East - 46.44 feet; North 77°55'56" East - 76.64 feet;
Page 6 of 8
North 35°34'33" East-124.65 feet; North 13° 10'24" East - 201.43;
North 8°46'59" West - 117.12 feet; North 25°51'32" West - 30.29 feet;
South 76"28' 11" West - 15.45 feet; North 70°48'07" West - 69.74 feet;
North 31 °28'46" West - 33.06 feet; North 7°42'30" West - 63.04 feet;
North 26'34' 17" East - 95.71 feet; North 27°46'49" East-100.83 feet;
North 24'27' 13" East - 124.78 feet; North 19°30'51" East - 75.28 feet;
North 27°13'41" West - 36.27 feet; North 44°39'26" East-125.27;
North 68'45' 18" East - 240.64; North 66100'29" East - 72.36 feet;
North 32'19' 15" East - 80.62 feet; North 9°29'39" East - 89.76 feet;
North 2'15'58" West-150.07 feet; North 32°04'56" East - 70.96 feet;
North 38°59'00" East -64.23 feet; North 36°54'37" East - 65.70 feet;
North 9° 17'24" East -55.85 feet; North 31 °59'29" West - 82.42 feet;
North 70'19'07" West- 56.76 feet; North 63'13'35" West-83.18 feet;
North 43°48'05" West -97.72 feet; North 57°26'30" West - 73.98 feet;
North 37'46' 16" West-109.38 feet; North 25°54'03" West - 85.00 feet;
North 2198'07" West -91.88 feet; North 1 °04'42" West - 120.37 feet;
North 27°24'32" West - 128.59 feet; North 20°33'50" West - 113.81 feet;
North 7°00'29" West - 64.14 feet; North 8140'57" East - 81.41 feet;
North 51 °45'31" East-126.70 feet; North 63°47'35" East-111.19 feet;
North 53°45'52" East-113.07 feet; North 57°55'42" East-151.71 feet;
North 81 °30'03" East - 209.84 feet; North 6716'36" East - 92.02 feet to a Point for a Corner in
the West line of a 262.04 Acre Tract of land described in County Clerk File No.
20150529000631020, Deed Records of Collin County, Texas, same being the Northwest
Corner of said 262.04 Acre Tract;
THENCE South 1 °42' 14" West - 1900.42 feet along the West line of said 262.04 Acre Tract to
a 1/2 Inch Iron Rod Found for a Corner;
THENCE South 24°14'34" East - 75.83 feet to a 1/2 Inch Iron Rod Found for a Corner in the
North line of said John M. Kincade Survey, Abstract 510;
THENCE South 89"28'30" East-349.90 feet along the North line of said John M. Kincade
Survey, Abstract 510, to a 1/2 Inch Iron Rod Found for a Corner;
Page 7 of 8
THENCE South 2°35'46" West—1187.46 feet along the West line of said 262.03 Acre Tract of
land to a 1 /2 Inch Iron Rod Found for a Corner;
THENCE South 89°15'47" West—368.75 feet along the North line of a 29.77 Acre Tract of land
described in County Clerk File No. 20180925001201240, Deed Records of Collin County,
Texas, to a Point for a Corner, same being the Northwest Corner of said 29.77 Acre Tract;
THENCE South 0°17'07" West—1124.68 feet along the West line of said 29.77 Acre Tract of
land to the POINT OF BEGINNING and containing within these calls a calculated area
of 77.87 Acres of land, more or less.
Page 8 of 8
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AGREEMENT REGARDING SERVICES
This Agreement Regarding Services (this "Agreement" or "Service Plan") is entered into
this 8th day of November, 2022 by and between Anna FM 455 77 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:
The Parks at Hurricane Creek. 78.0t acres. Generally located on the north side of
Farm -to -Market Road 455, 3,830t feet west of Standridae
Boulevard.
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 8th day of November,
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.
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.
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 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.
Owner(s):
Anna FM 455 77 LLC
a Texas Limited Liability Company
LandVest Development, LLC
a Texas Limited Liability Company
Its Manager
By: M 400�
Name: Charles Cove;
Title: Manager
IN WITNESS WHEROF:
69f�L��]yl_�LF�
COUNTY OF4!;J C/
N. Jennifer SomeA My Commies CO Exgrei
?. a 05n3r2ON
9,\. ,:t ID No. 1638959
This instrume s acknoyleyged before me on the _ day of
2Q�, by as owner of a✓e/apme rf, Ll�'
%y1t Il
ary Publi tate of Texas
Title. -CA na er
IN WITNESS WHEROF:
STATE OF TEXAS
K�1�1���L�IYK�7 ��IPI
This instrument was acknowledged before me on the 1T"Bay of /i.OVW7:G&f1 ,
2022, by Jim Proce as representative of the City of Anna.
^'"s' •. CARRIE L. LAND CQirJt ffi �/J V� Q�C�
My Notary ID # 11419404 Notary Public, State of Texas
Ej� 4, 2023 age 4 of 5
�IIYYI�IIII
Collin County
Honorable Stacey Kemp
Collin County Clerk
Instrument Number: 2022000166511
Recorded On: November 17, 2022 01:46 PM
Total Recording: $66.00
Real Property
1CI ►_► E
Number of Pages: 12
" Examined and Charged as Follows: "
*...
**** THIS PAGE IS PART OF THE INSTRUMENT'**********
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information:
Document Number:
Receipt Number:
2022000166511
20221117000381
Recorded Date(Time: November 17, 2022 01:46 PM
User:
Station:
Kacy M
Station 8
Record and Return To:
CITY OF ANNA
120 W 7TH ST
ANNA TX 75409
STATE OF TEXAS
Collin County
I hereby certify that this Instrument was filed in the File Number sequence on the date/time
printed hereon, and was duly recorded in the Official Public Records of Collin County, Texas
Honorable Stacey Kemp
Collin County Clerk
Collin County, TX
52�tdU0 A�-p
THE CITY OF
Anna
AGENDA ITEM:
Item No. 7.e.
City Council Agenda
Staff Report
Meeting Date: 11/8/2022
Staff Contact: Lauren Mecke
Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance regarding
annexation of 78.0± acres of land generally located on the north side of Farm -to -Market
Road 455, 3,830± feet west of Standridge Boulevard. (Planning Manager Lauren
Mecke)
SUMMARY:
Charles Covey - LandVest Development has submitted a petition to annex 78.0± acres
of land generally located on the north side of Farm -to -Market Road 455, 3,830+_ feet
west of Standridge Boulevard.
FINANCIAL IMPACT:
N/A
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing:
Goal 1: Growing Anna Economy
Goal 2: Sustainable Anna Community Through Planned Managed Growth
STAFF RECOMMENDATION:
Recommended for approval
ATTACHMENTS:
1. The Parks at Hurricane Creek Annexation Locator Map
2. Ordinance (Annexation) Parks at Hurricane Creek
3. Exhibit A (Metes & Bounds) Parks at HC
4. Exhibit B (Service Plan -Agreement) Parks at HC
APPROVALS:
Lauren Mecke, Planning Manager Created/initiated - 11/1/2022
Ross Altobelli, Director of Development Services Approved - 11 /1 /2022
Jim Proce, City Manager Final Approval - 11/3/2022