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HomeMy WebLinkAboutRes 2023-06-1461 Approving Agreemnt Regarding Services- Annexation- Woodland EstatesCITY OF ANNA, TEXAS RESOLUTION NO. 20;23 - a(0' I Nb1 A RESOLUTION ADOPTING A CONDITIONAL AGREEMENT REGARDING SERVICES RELATED TO ANNEXATION OF A 16.11 ACRE TRACT OF LAND 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, on or about April 18, 2023, the respective owners submitted a written request to the City for annexation of a tract of land into the corporate limits of the City (the "Annexation Tract"); and WHEREAS, the Annexation Tract is a 16.109 acre tract of land situated in the Guyn Morrison Survey, Abstract No. 559, Collin County, Texas, and being all of a called 16.097 acre tract of land conveyed to Knippa Family Revocable Living Trust by Warranty Deed recorded in Instrument Number 20020213000229560, Official Public Records, Collin County, Texas; and WHEREAS, the Annexation Tract is described more specifically in EXHIBIT A, attached hereto; and WHEREAS, the owners of the Annexation Tract have executed a conditional written agreement regarding municipal services to be provided by the City in accordance with Texas Local Government Code § 43.0672 (the "Conditional Agreement") and said agreement is as set forth in EXHIBIT B, attached hereto; and WHEREAS, the Conditional Agreement is conditioned on the City of Anna City Council (the "City Council") adopting an ordinance annexing the Annexation Tract described above on or before the 27th day of June 2023 and if the City Council does not adopt such ordinances on or before said date then the Conditional Agreement shall be null and void in its entirety; and WHEREAS, the City desires to adopt and enter into the Conditional Agreement; provided, however, that the Conditional Agreement shall not require the City Council to annex the Annexation Tract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF ANNA, TEXAS: SECTION 1. The recitals set forth above are hereby incorporated in this resolution as if set forth in full for all purposes. SECTION 2. The City Council hereby approves and enters into the Conditional Agreement and authorizes the City Manager to execute said agreement on behalf of the City. City of Anna, Texas Resolution No. 2021 - 0(0 - 14 (ol Pagel of 2 SECTION 3. This resolution shall become effective immediately upon the date and time of its adoption and it is accordingly so resolved. PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THIS THE 27TH DAY OF RUNE 2023. CTII OF ANNA, TEXAS NATE PIKE MAYOR ATTEST: I 1 Lei 9S_ 4/: City of Anna, Texas Resolution N o. 2 0 P-3- oto— 1 y tol Page 2 of 2 ZONING DESCRIPTION MULTI FAMILY RESIDENTIAL (MFR) KNIPPA FAMILY REVOCABLE LIVING TRUST GUYN MORRISON SURVEY, ABSTRACT NO.559, COLLIN COUNTY, TEXAS 16.109 ACRES BEING a 16.109 acre tract of land situated in the Guyn Morrison Survey, Abstract No. 559, Collin County, Texas, and being all of a called 16.097 acre tract of land conveyed to Knippa Family Revocable Living Trust by Warranty Deed recorded in Instrument Number 20020213000229560, Official Public Records, Collin County, Texas; said 16.109 acre tract being more particularly described as follows: BEGINNING at a point for corner at the northeast corner of said 16.097 acre tract, being in the south line of County Road 427 and the northwest corner of a called 88.7622 acre tract of land conveyed by deed to 3Mc Joint Venture, as recorded in Volume 3670, Page 174, Deed Records, Collin County, Texas; THENCE South 00 degrees 14 minutes 55 seconds East along the east line of said 16.097 acre tract and the west line of said 88.7622 acre tract, passing the southwest comer of said 88.7622 acre tract and the northwest corner of a called 10.00 acre tract of land conveyed to William Stiltz et ux as recorded in Document Number 19830614000277820, Deed Records, Collin County, Texas, continuing along the west line of said 10.00 acre tract, in all a total distance of 1,319.82 feet to the southeast comer of said 16.097 acre tract and the northeast corner of a called 12.423 acre tract of land conveyed by deed to The Duer Family Trust as recorded in Document Number 19990106000021500, Deed Records, Collin County, Texas; THENCE South 89 degrees 00 minutes 00 seconds West departing the west line of said 10.00 acre tract, along the south line of said 16.097 acre tract and the north line of said 12.423 acre tract, passing the northwest corner of said 12.423 acre tract, and a northeast corner of a called 15.54 acre tract of land conveyed by deed to Mullet Living Trust as recorded in Document Number 20061027001549080, Official Public Records, Collin County, Texas, continuing in all a total distance of 528.00 feet to the southwest comer of said 16.097 acre tract and a re-entrant corner of said 15.54 acre tract; THENCE North 00 degrees 12 minutes 00 seconds West along a west line of said 16.097 acre tract, the east line of said 15.54 acre tract, passing a northeast corner of said 15.54 acre tract and the southeast corner of a called 13.60 acre tract of land conveyed by deed to Keith Douglas Bird as recorded in Document Number 20081014001223710, Official Public Records, Collin County, Texas, continuing along the east line of said 13.60 acre tract, in all a total distance of 1,160.00 feet to a re- entrant comer of said 16.097 acre tract and a northeast corner of said 13.60 acre tract; Page 1 of 3 THENCE along the common line between said 16.097 acre tract and said 13.60 acre tract, the following two (2) courses and distances: South 85 degrees 45 minutes 00 seconds West, a distance of 99.00 feet to a southwest corner of said 16.097 acre tract and a re-entrant corner of said 13.60 acre tract; North 00 degrees 12 minutes 00 seconds West, a distance of 132.00 feet to the northwest corner of said 16.097 acre tract and being in the south line of said County Road 427; THENCE North 85 degrees 57 minutes 00 seconds East departing the east line of said 13.60 acre tract, along the south line of said County Road 427 and the north line of said 16.097 acre tract, a distance of 627.00 feet to the POINT -OF -BEGINNING, containing 16.109 acres of land. Bearings for this description cited are based on Grid North State Plane Coordinates of the Texas Coordinate System NAD83 (CORS96) Texas North Central Zone (4202), NAVD88. Page 2 of 3 © 2022 Westwood Professional Services, Inc. PG��S Jc,' 41 t� 10 cl- O 0 UNTV ROAD, NO, N85°57'00"E ,' 7.o 132.00— N00012'00"W 99.00—' S85048'0091W a CALLED 13.60 ACRES O KEITH DOUGLAS BIRD DOC. NO.20061014001223710 4 0 O O r. TRACT 1 y Z CALLED 15.54 ACRES MULLET LIVING TRUST O VDOC NO.20061027001549080 �y 0 O O Z \v." r � ' ♦� r„ rJ `J ♦ ♦ v rf' LEGEND P.O.B. POINT OF BEGINNING INST. NO. INSTRUMENT NUMBER VOL PG. VOLUME, PAGE DOG NO. DOCUMENT NUMBER CALLED 51.208 ACRES JULIAN M. SMITH ET UX DOC. NO. 19730507086507270 P.O.B. ,c�-♦ ►vim ;;, '♦ ♦' . O1 a Ln � U o Qv' N ` \\ `J� � ��J " (5 w a; NO CALLED 88.7622 ACRES 0 N W 3MC JOINT VENTURE " Z p LA VOL 3670, PG. 174 OQ>cV H _3 5-C ' rt 0 U 4 U YQtn APPROXIMATE LOCATION SURVEY LINE S89000'00"W 528.00 CALLED 12.423 ACRES THE DUER FAMILY TRUST DOC. NO. 19990106000021500 NOTE: THIS IS NOT A BOUNDARY SURVEYAND DOES NOT REPRESENT AN ON THE GROUND SURVEY. BEING A 16.097 ACRE TRACT %v6stwood LOCATED IN THE GUYN MORRISON SURVEY, ABSTRACT NO.559, COLLIN COUNTY, Peom (214) 473-4640 2901 Dallas Par". sufte aoo TciRm (M)937.5160 P9m, rX'r5 3 TEXAS L-mm,odxcom ANNATEXAS WWbmx d rsaRRr3 r.0N No.Fs-',I"r1oa 1a rats Ma tiEMIUMN No. WA30+ 0' 300' 600' MULTI -FAMILY SHEET NUMBER: RESIDENTIAL 3 OF (M FR) 3 ZONING EXHIBIT DATE: 11/16/22 PROJECT NUMBER: 0041317.00 AGREEMENT REGARDING SERVICES This Agreement Regarding Services (this "Agreement" or "Service Plan") is entered into this 27th day of June 2023 by and between Thinkk Big Investments, 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: Woodland Estates. 16.1± acres. Generally located. on the south side'.of County Road 427. 530± east of County Road 425 (future Leonard Avenue). 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 27th day of June 2023. 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 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 4of5 Thinkk Big Investments, LLC a Texas Limited Liability Company By: Name: Prithiviraj Loganathan Title: Manager IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on the 20 , by as owner of _ City of Anna: By: Name: Ryan Henderson Title: Interim City .Manager IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF COLLIN § day of I , Notary Public, State of Texas This instrument was acknowledged before me on the day of , 2023, by Ryan Henderson as representative of the City of Anna. Notary Public, State of Texas Page 5 of 5