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HomeMy WebLinkAboutOrd 2000-11 Loves 1.3 acres.pdfDEC -21-2000 11:49 7PON:SWC LAWPEHCE 972-992-1786 T0:972 924 26201 P.002 011, , N a CITY OF ANNA, TEXAS ORDINANCE No. 2000- i AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF ANNA, COLLIN COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY LIMITS AND ADOPTING A SERVICE PLAN FOR SAID TERRITORY AND ITS INHABITANTS WHEREAS, certain property owners have petitioned the City of Anna to have their property annexed to the City of Anna, and WHEREAS, said properties are adjacent to and adjoin the present boundaries of the City of Anna, and WHEREAS, a service plan providing for the extension of municipal services into the proposed annexed area and attached to this ordinance as Exhibit B and hereby made part of this ordinance was prepared prior to publication of notice of hearings and reviewed at said hearings. and WHEREAS, after hearing the arguments fOr and against the annexation, the City Council has voted to annex said territory to thb:City of Anna, Texas, now therefore Section I. The land and territory described in Exhibit A, attached hereto and hereby made an integral part of this Ordinance, lying adjacent to and adjoining the present boundaries of the City of Anna. Texas, is hereby added arid annexed to the City of Anna, Texas, and said territory hereinafter described shall hereafter be included within the boundary limits of the City of Anna, Texas, and the present boundary limits of such city are altered and amended so as to include said area within the corporate limits of the City of Anna, Texas. Section 2. The above described territory and the area so annexed shall be a part of the City of Anna, Texas, and the inhabitants thereof, if aoy, shall be entitled to all of the rights and privileges of all citizens and shall be bounded by the acts, ordinances, resolutions, and regulations of the City of Anna, Texas Section 3. The service plan providing for the extension of municipal services into the annexed area and attached to this ordinance as Exhibit B is hereby adopted. The City Secretary is hereby directed to file with the County Clerk of Collin County, Texas, a certified copy of this ordinance. C114-Mg1WNNALANNEXILoveWlnex OrdZdoc Page 1 of 2 D=C -21-2000 11:49 FROM:SJC LAWRENCE 972-442-178h T0:972 924 262n F-nn3'n1E PASSED on this the 12th day of September, 2000, by the following vote of the members of the City Council as present: AYES a NAYS a ABSTAIN o APPROVED: ATTEST: i Mayor City Secretary C.114-MgfONNAWNNEXI1oveWnnex Ord2.doc Page 2 of 2 DEC -21-2000 11:49 FRON:SWC LAWRENCE .Rus 14 00 03:52p�� Anna 2 SNS q�jSoU40t, 972-442-1Te6 Braziel TO:972 924 2n20 9409642469 R.ot�4 x11= p.2 EXHIBIT A OW2 01144 99— 00582G!-- srECLYL NVARRAN'I'1' DECD S1 A1'F. OF TLXAS § KNOW ALL MLN DY ll(F.SE PRESENTS COUNTY 017 COLLIN THAT Ray S 9olsnn III, Itiehard L. Berger and James P Graham, (collectively and respectively "Grantors"). for and in consideration of the sum of Ten and No1ID0 Dollars ($10,00) and other good and valuable consideration, the receipt and sufficiency orwhieh are hereby acknowledged and confessed, Isave GRANTED, BARGAINLD, SOLD and CONVEYCD and by these presents do GRANT, BARGAIN, SELL and CONVEY unto Love's Country Stores, Inc.. an Oklahoma corporation ("Grantee"), whose address for the purposes hercoris 10601 North Pennsylvania. Oklahoma City, OK 77126, that ccnain tract or parcel of land located in Collin County, Texas, and being described as follows- Being n tract of land in the Thomas Rattan Survey, Abstract Number 782, and part ora 36.62 acre tract described in a deed to Ray S. 1'olso i Ill, Richard L. Berger, and James P. Grahan: recorded In Volume 4055, Page 0299 of the Deed Records of coinn County, Texas and being more particularly described by metes and bounds on Exhibit "A" attached hereto and incorporated herein by reference, together with n11 and singular the Improvernerjts, buildings, structures and fixtures located thereon or nnached thereto (all of $eels land, µnprovemcnls and property are collectively referred to herein as the "Property'), provided, howc r, that this conveyance is made and accepted subject to all those ccnain casements, covenants, restrictions and other matters more particularly described in P.xhibit "B" Attached hereto and incorporated herein by this reference for all purposes, to the extent lite same are valid and subsisting and affect the Properly (the "Permitted Exception& •). TO HAVE AND TO HOLD the Properly, together with all and singular the appurtenant easements and other rights and appunenances thereto in anywise belonging time Grantee, its .successors and assigns Forever; and Grantors, respectively and collectively, do hereby bind themselves, and their respective heirs, personal represematives, successors and assigns to WARRANT AND FOREVER DEFEND all and singular file title to the Properly unto Grantec, its successors and assigns, against every person whomsoever lawfully claiming or to claim the Properly or any pan thmcof, subject, however, to the Permitted Exceptions, when the claim is by, through, or under Grantors but not otherwise. For the same consideration, Grantors hereby convey unto Grantee, all interest, irony, of Grantors in strips and gores between the Property and abutting properties not owned by Seller, and any land lying in or under the bed or any street, alley, road or right-of-way, open or proposed, abutting or adjacent to he properly; provided, however, this conveyance pursuant to this paragraph is made subject to all existing reservations from and exceptions to tide and is made without express or implied warranty. and all warranties that might arise by common low and Ilse warranties in §5.023 of the TIlXAs PIMMItt'Y CnIA; (or its successor) are hereby expressly excluded ✓C J�� >' 1. 3 L aG 4 0 DEC -21 -2M0 11:49 FP.0r1:Sb1C LRt•1RENCE 972-442-17e6 ,Rug 14 00 03:53pp, Anna 2. Braziel H Taxes having been prorated be Grantors and G to pay taxes for 1999 and subsequent years. MAY EXECUTED effective as orthe 3 day of la , I T0:972 92-1 2620 P.001. oil. 9409642469 p•3 EXHIBIT A 04412 01145 Grantee assumes and agrees lAM GRAHAM STATE OF TEXAS 5 4 COUNTY OF�P 3 f 4 This instrument was acknowledged before me on IhajLJ0aday uf.O ,, 1999, by Ray S Tolson III. w�,.LF� AY9ER CORDRAY A 000401"1622 00 1 i622 (� (SEA Notary public in and for the / Stale of Texas My Commission Expires. els �2a- DEC-21-i-Pnn 11:5n FROM:SWC LAWRENCE 972-492-17Bn Fug 14 00 03;S3p„ Rnna Z. Hraziel • TD:972 929 2520 9409642409 EXHIBIT A 04412 01141 BEING a tract of land in the Thomas Rattan Survey, Abatract rumber 7, andto Ray ER2:olsonp11I,art oRichard f A R I, Barger, andeJameee P.i n a ed Graham recorded 'in volume 4055, Page 0299 of the need Records of Collin County, TeXas and being more particularly described by meteo and bounds as follow0: COMMENCING at a wood Right-uf-Hay monument found on the south Right -of -Nay, of B.M, Highway No, 405 at the most northerly northeast corner of said 30.82 acre tract; THENCE, South 09 degrees 46 r„inutec 40 seconds Host, along said 0ojth Right-of-way and no=anonenhalf inch steel rebaro of Waid 38.02 acre .with a isr,ence off2291.85 •eOt, efor corner and the POIN7 OF (; yow cap marked 'ABCA^ set 5FGINN ING; - , T f 1 f.NCF, South 00 degruvs 17 K, muter ?0 oeconds East, a distance n: 434.00 feet to a one ::a1_�,teel rebdr With yoilow cap marked "ARCA" set Cor the S,DuT,heaat corner; 7HENCE, South B9 degr cwith yellow,ea0 stat cc 130. of 130.50 feet,. ;.o q onc-ho:-` cteel rebar marked "AR&A" sec for the souchweac corner; THENCE, North 00 degrees 13 m' -^lutes 20 seconds west, a dintsnce �f 434.D0 feet, to a one-half steel rebar with yellow cop marked ""&A, set for the northwest corner on the south Right -of -Nay of said F.M. highway No. 455 and the north line of said 38.82 acre tract; THEWCE North 09 degrees 46 minutes 40 seconds East, along said south Right-of-way and said north line, a distance of 130.50 feet to the POINT OF BEGINNING; CONTAINING 1.300 acres of land, more or less. EXHIBIT p.4 OEC-21-2RAO 11:50 FROPI:SbIC LAWRENCE 972-412-1786 Au,g 14 00 03:53P�, nnna 2. Brazsel T0:972 924 2620 P. M 7'nl5 9409642469 P•5 EXHIBIT A 04412 01748 EXHIBIT "B" PERMITTED EXCUTIONS Standby fees, lnxes end assessments by any Inning authority for the year 1999 which have been prorated. Restrictive Covenant recorded under Clerk's File No. 99-0100155, Real Properly Records or Collin County, Texas All the oil, gas and other minerals, royalties, bonuses, rentals, delay rentals, and all other rights in connection with same as set forth in instrument executed by Fay Burr Powell and Lotie Powell to Sal Del Rey Properties. Inc , dated 1/24/93, recorded in Volume 1601. Pape 53. Renl Properly Records, Collin County, Texas. As affected by instruments recorded i Volume 2107, Page 314 and Volume 4055, P.A" 2U.,Rcal Property Records, Collin County, Texas. t} • 1 e n U DEC -21 -?DDD 11:50 FRDN:5WC LAWREWCE N 972-492-17B6 CITY OF ANNA, TEXAS ANNEXATION SERVICE PLAN j SEPTEMBER, 2000 C 114-Mgt1AWNA0NNEXILove1Annes Ord2, doc Page 1 of 8 TOo972 924 2622 F.G1RRf115 EXHIBIT B 0 E -IFC -21-2000 11:50 FP011:SWC LAdPPICE 972-992-1786 CODE ENFORCEMENT Tn:972 924 2620 P.Niq 015 EXHIBIT B Code Enforcement Includes activities of Inspecting properties and buildings and securing compliance with adopted ordinances and codes relative to the following. (1) Tall grass and weeds (except for agricultural and ranch properties) (2) Trash and debris (3) Stagnant water and unsanitary conditions (4) Junked vehicles and parts (5) Junked appliances and materials (6) Enforcement of the Minimum Housing Code pertaining to maintenance and habitability of existing housing City code enforcement activities will be conducted in newly annexed territories under the same terms and on the same schedule and using the same procedures as for other areas inside the corporate limits. Code enforcement services will be implemented immediately upon the effective date of this ordinance C•114-M9t0NNAI4NNEX1L0ve1Annex Ord2. doc Page 2 of 8 DEC-21-20LO 11:50 FROM:S14C LAWPENCE 972-442-1706 TD:972 929 262n P.010 n15 EXHIBIT B SOLID WASTE, BRUSH, AND REFUSE COLLECTION SERVICES Refuse Service Newly annexed areas will receive solid waste (trash), brush, and refuse service in accordance with existing city ordinances. The City of Anna contracts with a private solid waste collection firm to provide solid waste, brush, and refuse collection service. Generally, the City ordinances and the contract between the City and the private collection firm provides for residential pick-up service of plastic bags and metal cans of not larger than 20 gallons in size at curbside or streelside once per week for a fee that is established by the city council. Present solid waste collection service routes will be extended to cover annexed areas. Commercial solid waste service is available through the private collection firm under contract with the City or by private contract between the commercial entity and a private contractor. If the commercial entity desires to utilize the services of the firm under contract with the City, the commercial entity is responsible for making such r.equest to the City Secretary, in writing. These services will be implemented within sixty (60) days of the effective date of the ordinance of whish this service plan is a part. 9 CA f4•h1gfL4NNAVNNEX1LovcWnox 0rd2. doe Page 3 of 8 DEC -21-2000 11:50 FPOPL'SbIC LAWP.ENCE 972-492-1786 T8:972 929 2620 P.011'017 EXHIBIT B PLANNING, ZONING AND MAPPING The function of planning, zoning, and mapping is to implement ordinances relating to zoning classifications within the City and to provide mapping resources, 7oning functions include the following: (1) Provide proper zoning classification of properties within the City Zoning is a tool to designate the uses of property, such as residential, business, agricultural, industry, etc. Proper zoning ensures the best use for the property and, at the same time, protects adjacent properties from mixed uses that reduce property value and lower the quality of life for adjacent property owners and residents It also regulates parking, building heights, lot coverage, noise pollution, set -backs, and regulations relating to the use of property, (2) Enforce zoning ordinances relating to uses permitted, parking, lot coverage, minimum building area, storage, heights, and other items (3) Implement and enforce subdivision and plat requirements, (a) Provide assistance to citizens building on their properly and handle complaints relating to land use and zoning. `S Mapping and drafting functions Include the following (1) Provide mapping resources of new territories, zoning, streets, water and sewer lines, easements, right-of-ways, subdivisions, lots, and other related matters. (2) Assist citizens in matters related to their properties and maps containing requested information. These services will be provided to residents and property owners in newly annexed territories on the some basis as they are provided to residents and property owners in the existing incorporated area. Planning, zoning, and mapping services will be implemented immediately upon the effective date of this ordinance C' 1l4-MgIWNNAIANNEXILoveWnnc,r Ord2,doc S Page 4 of 8 0 CLEC -2I -ROOD 11:50 FRDPI:Sl.1C LAWPENCE 972-992-1786 TO:972 929 2620 P.012=D15 EXHIBIT B FIRE PROTECTION SERVICES The City is served by the Anna Volunteer Fire Department. Fire protection services provided by the Anna Volunteer Fire Department to the City include response to fire calls and inspection of commercial and industrial structures for code violations. All fire protection services provided by the Anna Volunteer Fire Department within the existing corporate limits will be provided within the newly annexed area upon the effective date of the annexation. Volunteers are available for consultation on fire prevention on request by citizens of the community. Fire protection services will be implemented immediately upon the effective date of this ordinance C •114-MgMNNAW NNEXILov9Annex Ord2 doc 0 Page 5 of 8 UEC-21-2Onn 11:51] FROPI:SWC LRWRENCE 972-442-1781] T0:972 q24 2n2n P.017 nl5 EXHIBIT 8 STREET MAINTENANCE The street maintenance function is primarily supported from ad valorem (property) and sales taxes Maintenance activities are determined by the level of funding and the need for maintenance as determined by the city council, Once the annexation of property included in this ordinance has been completed, all streets, roads, and bridges included in the annexed area will be added to the City's street maintenance program. Roadways in the newly annexed area will receive equal consideration with regard to maintenance as those within the existing corporate limits Street maintenance services will be Implemented immediately upon the effective dale of this ordinance. C I14•Mg1WNNAWNNEXlloveWnnex 0(d2.doc Page 6 of 8 DEC-21-20nn 11:51 FROM:SWC LAWRENCE 972-942-1786 TD:97P 924 2n2O P.M -1 01`, 0 r a WASTEWATER SERVICES EXHIBIT B Citizens in newly annexed areas will be offered sanitary sewer service in accordance with existing City ordinances. Generally these ordinances slate that the customer must bear the cost of construction of sewer system facilities to a point where service to the customer can be provided All sanitary sewer facilities must be constructed in accordance with Texas Natural Resource Conservation Commission, Texas Department of Insurance, and City of Anna regulations and specifications The property being annexed through this ordinance is currently served by a sanitary sewer lift station located on the north side of FM 455 directly north of the annexed property. The property owner has installed a line from the annexed property across FM 455 to connect to the lift station The City of Anna has a pro rata agreement with FFP Partners, LLP, requiring a payment by any user of the lift station and force main connecting the lift station to the City's trunk line at Slater Creek, said payment to be based on the user's projected use of capacity of the lift station and force main. ¢• The policy for private service lines will remain the same as exists in the current city limits. That is, the City will maintain main transmission lines only. Only one connection per primary structure is permitted without specific written approval from an authorized official of the City. Improvements to the wastewater system are made on a priority basis in accordance with the Wastewater System element of the Comprehensive Development Plan of the City of Anna This Plan Is evaluated and updated periodically. Upon completion of this annexation, the Plan will be evaluated and updated to include wastewater system Improvement needs of the annexed area as part of the overall Anna Wastewater System Plan. Sewer service rales will be assessed at the same rate as established for other city customers in the same use classification G.114•MgR4NNAWNNEXIL0ve1Annex Ord2.doc Page 7 of 8 GEC -21-2000 11:11 FROM:SIJC LAWRIFIKE 972-442-1786 TO:972 924 26247 F.O15'nl5 EXHIBIT B WATER SERVICES Residents and property owners in newly annexed areas will be offered water service in accordance with existing City ordinances. Generally, these ordinances state that the customer must bear the cost of construction of water system facilities to a point where connection to the existing system can be made and service to the customer can be provided. All water mains must be constructed in accordance with Texas Natural Resource Conservation Commission, Texas Department of Insurance, and City of Anna regulations and specifications. A 12" water main will be extended to the property being annexed under this ordinance as part of another project in which the City is involved. The property will be served through this main. Part of the cost of the 12" water main Is being paid by another private party user. A pro rata agreement between the City and the other user requires a payment by any user of the 12" water main, said payment to be based on the user's projected use of capacity of the 12" water main, The policy for private service lines will remain the same as exists in the current City limits. That is, the City will maintain water lines from the water main to the water meter. All repairs/maintenance from the meter to the point & usage is the property owner's responsibility, Improvements to the water system are made on a priority basis in accordance with the Water System element of the Comprehensive Development Plan of the City of Anna This Plan is evaluated and updated periodically. C'l14-higtiANNAANNEXV ove1Annex Ord2. doc Page 8 of 8