HomeMy WebLinkAboutOrd 234-2005 Annexing 236.495 acres Leonard Tract.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 2342005
ANNEXATION OF 236.495 ACRE TRACT (LEONARD)
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, described in Exhibit A, 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 the 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 and 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 any, 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.
Annexation—Leonwd Page 1 of 2 November 1, 2005
PASSED on this the tsT day of November, 2005, by the following vote of all members of
the City Council as present:
AYES
NAYS
ABSTAIN
ATTEST:
=010:44
Ci Secretary, Natha Wilkison ayor, Kenneth Pelham
Mnexation— Leonard Page 2 of 2 November 1, 2005
E(hitit 'A"
Legal Description
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i. LEGALDFSCRIPTICN -
236.495 ACRES
BEING A 236.495 ACRE TRACT OF LAND SITUATED IN THE GRANNDERSON
STARK SURVEY, ABSTRACT NO. 798, COLLIN COUNTY, TEXAS; AND BEING
PART OF A CALLED 238.614 ACRE TRACT OF LAND., CONVEYED TO O.P _-
LEONARD Ilt INVESTMENT COMPANY, LTD. AND ALICE LEONARD
INVESTMENT COMPANY, LTD. BY DEED RECORDED IN COUNTY CLERK'S
FILE NO. 2001-0071985, LAND RECORDS, COLLIN COUNTY, TEXAS. SAID
236-495 ACRE TRACT, WITH REFERENCE BARING BEING GRID NORTH,
TEXAS NORTH CENTRAL ZONE, NAD83 DATUM, BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 5/8 INCH IRON ROD FOUND FOR A NORTHEAST CORNER
OF AFORESAID 238.614 ACRE TRACT AND THE SOUTHEAST CORNER OF
WB.DWOOD FARM ADDITION TO THE CITY OF ANNA, COLLIN COUNTY,
TEXAS RECORDED IN VOLUME C, PAGE 746, PLAT RECORDS, COLLIN
COUNTY, TEXAS AND BEING ON THE WEST LINE OF A TRACT OF LAND
CONVEYED TO SHERLEY PARTNERS, LTD. BY DEEDS RECORDED IN
COUNTY CLERIC'S FILE NOS. 99-0093331, 99-0093332, 99-0093333, 99-0093334,
AND 99-0093335, LAND RECORDS, COLLIN COUNTY, TEXAS;
THENCE SOUTH 00 DEGREES 07 NDNU 11S 46 SECONDS WEST, ALONG A
EAST LINE OF AFORESAID 238.614 ACRE TRACT AND THE COMMON WEST
LINE OF AFORESAID SHERLEY PARTNERS, TRACT AND THE WEST LINE OF
A CALLED 60.09 ACRE TRACT OF LAND CONVEYED TO WILLIAM ALGURE
AND PATRICIA ALGUIRE BY DEED RECORDED IN COUNTY CLERK'S FILE
NO. 95-0089367, LAND RECORDS, COLLIN COUNTY, TEXAS, A DISTANCE OF
122320 FEET TO A 518 INCH IRON ROD WITH A YELLOW PLASTIC CAP
STAMPEbJ CARTER BURGESS" SET FOR THE SOUTHEAST CORNER OF SAID
238.614 ACRE TRACT AND THE NORTHEAST CORNER OF A CALLED 59.574
ACRE TRACT OF LAND CONVEYED AS TRACT 6-A TO ANN WARREN
HAYSLETT BY DEED RECORDED IN COUNTY CLERK'S I= NO. 96-0110243,
LAND RECORDS, COLLIN COUNTY, TEXAS;
THENCE ALONG THE SOUTH LINE OF AFORESAID 238.614 ACRE TRACT AND
THE COMMON NORTH LINE OF AFORESAID 59.574 ACRE TRACT THE
FOLLOWING COURSES AND DISTANCES:
SOUTH 89 DEGREES 45 MINUTES 41 SECONDS WEST, A DISTANCE OF
1659.21 FEET TO A 1/2 INCH IRON ROD FOUND FOR CORNER;
NORTH 73 DEGREES 33 MR -LUTES 50 SECONDS WEST, A DISTANCE OF
96.73 FEET TO A 98 INCH IRON ROD WITH A YELLOW PLASTIC. CAP
STAMPED "CARTER BURGESS" SET FOR CORNER; -
? SLDbZS?Ot'3DAC'-.\T_'dC _'dm
ii1912l10.'
i-. NOR'TI 8 , DEGREES 42 ? JI -ES 07 SECCNDS WEST, A_ D ST.LNC3 Or'. .
765.22 FEET TO A 5/8 INCH JRON ROD WIL,3 A YELLOW PLSSTSC CAP
STAMPED "CARTER BURGESS" SET FOR CORNER;
NORTH 64 DEGREES 26 MINUTES 32 SECONDS WEST, A DISTANCE OF
31931 FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP
STAMPED "CARTER BURGESS" SET FOR CORNER;
SOUTH 88 DEGREES 51 MINUTES 58- CONDS WEST, PASSING AT A
DISTANCE OF 647.65 FEET A 1/2 INCIMON ROD HOUND FOR THE
NORTHWEST CORNER OF AFORESAID 59.574 ACRE TRACT AND THE
NORTHEAST CORNER OF A CALLED 63.807 ACRE TRACT OF LAND
CONVEYED AS TRACT 6-B TO THOMAS J. WARREN, JR. BY DEED
RECORDED IN COUNTY CLERK'S FILE NO. 96-0110244, LAND
RECORDS, COLLIN COUNTY, TEXAS, PASSING AT A DISTANCE OF
1726.79 A 112 INCH IRON ROD FOUND FOR THE NORTHEAST CORNER
OF A CALLED 40.000 ACRE TRACT OF LAND CONVEYED TO CARY
AND JANET BARTOO BY DEED RECORDED IN COUNTY CLERK' S FILE
NO. 2002-0035106, LAND RECORDS, COLLIN COUNTY, TEXAS,
CONTINUING A TOTAL DISTANCE OF 3513.72 FEET TO A 5/8 INCH
IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "CARTER
BURGESS" SET FOR THE NORTHWEST CORNER OF AFORESAID 40.000
ACRE TRACT AND BEING ON THE EAST RIGHT-OF-WAY OF A TRACT
OF LAND CONVEYED TO DALLAS AREA RAPID TRANSIT BY DEED
RECORDED IN COUNTY CLERK'S FILE NO. 2001-0078323, LAND
RECORDS, COLLIN COUNTY, TEXAS (DESCRIBED AS A 200' RIGHT-OF-
WAY IN A DEED TO HOUSTON TEXAS CENTRAL RAILWAY COMPANY
BY DEED RECORDED IN VOLUME V, PAGE 694, LAND RECORDS,
COLLIN COUNTY, TEXAS);
THENCE ALONG THE EAST RIGHT-OF-WAY OF AFORESAID DALLAS AREA
RAPID TRANSIT THE FOLLOWING COURSES AND DISTANCES:
NORTH 18 DEGREES 45 MINUTES 30 SECONDS EAST, A DISTANCE OF
769.94 FEET TO A 518 INCH IRON ROD WITH A YELLOW PLASTIC CAP
STA,VIPED "CARTER BURGESS" SET FOR CORNER AND THE
BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A
CENTRAL ANGLE OF 17 DEGREES 54 MINUTES 20 SECONDS, A RADIUS
OF 2964.79 FEET, AND A LONG CHORD THAT BEARS NORTH 09
DEGREES 48 MINUTES 20 SECONDS EAST, A DISTANCE OF 922.76
FEET;
ALONG SAID TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF
926.52 FEET, TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP
ST_AWED "CARTER BURGESS" SET FOR CORNER;
NORTH 00 DEGREES 5114IINUTES 10 SECONDS EAST, A DISTANCE OF
._
123-71 Fi -T TO A5/8 INCH IRON ROD W1TF_ A YELLOW PLASTIC CAP
enzrros .. -
Pnga? 0{3
$ %L�iPID "L=,R�, BUR cSS" SET FOA CGRNE2 ON A NORT'-I LL\i=
OF AFORESAID 238.614 ACRE TRACT AND THE COPi1MON SOUTH LLNr-
OF A CAL;3T-) 30.14ACRE TRACT OF LAND CONVEYED TO CHARLES
- E. WHITE BY DEED RECORDED IN VOLUME 619, PAGE 382, LAND
RECORDS, COLLIN COUNTY, TEXTS;
THENCE ALONG THE NORTH LINE OF AFORESAID 238.614 ACRE TRACT AND
TEE COM.NION SOUTH LINE OF THE FOLLOWING TRACTS, AFORESAID 30.14
ACRE TRACT AND A CALLED 20 ACRE TRACT OF LAND CONVEYED TO
CHARLES E. WHITE AND WIFE, DOM E. Pit= BY DEED RECORDED IN
VOLUME 434, PAGE 262, LAND RECORDS, COLLIN COUNTY, TEXAS AND A
CALLED 26.717 ACRE TRACT OF LAND CONVEYED. TO CHARLES E. WHITE
BY DEED TO RECORDED IN VOLUME 1232, PAGE 791, LAND RECORDS,
COLLIN COUNTY, TEXAS AND A CALLED 105.475 ACRE TRACT OF LAND
CONVEYED TO PRIMROSE PARTNERS, LTD. BY DEED RECORDED IN
COUNTY CLERK'S FILE NO, 2000-W32354, LAND RECORDS, COLLIN COUNTY,
TEXAS TEE FOLLOWING COURSES AND DISTANCES:
SOUTH 89 DEGREES 49 MINUTES 55 SECONDS EAST, PASSING AT A
DISTANCE OF 1971.69 FEET A 4'x4" CONCRETE MONUMENT FOUND
FOR THE SOUTHEAST CORNER OF AFORESAID 26.717 ACRE TRACT
AND THE COMMON SOUTHWEST CORNER OF AFORESAID 105.475
i^ ACRE TRACT, CONTINUING A TOTAL DISTANCE OF 3120.97 FEET TO A
518 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED
"CARTER BURGESS" SET FOR CORNER;
SOUTH 89 DEGREES 20 MINUTES 31 SECONDS EAST, A DISTANCE OF
1556.75 FEET TO A U2 INCH IRON ROD FOUND FORA NORTHEAST
CORNER OF AFORESAID 238.614 ACRE. TRACT AND THE SOUTHEAST
CORNER OF AFORESAID 105.475 ACRE TRACT AND BEING ON TIME
WEST LINE OF AFORESAID WILDWOOD FARMS ADDITION;
THENCE SOUTH 00 DEGREES 14 MINUTES 33 SECONDS WEST, ALONG A
EAST LINE OF AFORESAID 238.614 ACRE TRACT AND THE COMMON WEST
LINE OF AFORESAID WILDWOOD FARMS ADDITION, A DISTANCE OF 736.06
FEET TO A 112 INCH IRON ROD FOUND FOR THE INSIDE ELL CORNER OF
SAID 238.614 ACRE TRACT AND THE SOUTHWEST CORNER OF SAID
WILDWOOD FARMS ADDITION;
THENCE SOUTH 89 DEGREES 38 MINUTES 06 SECONDS EAST, ALONG A
NORTH LINE OF AFORESAID 238.614 ACRE TRACT AND THE COMMON
SOUTH LINE OF AFORESAID WILDWOOD FARMS ADDITION, A DISTANCE OF
1234.50 FEET TO THE POINT OF BEGIN!*UNG AND
ACRES OF LAND, MORE OR LESS.
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EXHIBIT B
ANNEXATION SERVICE PLAN
LEONARD 236.495 ACRE TRACT
NOVEMBER, 2005
CODE ENFORCEMENT
Code Enforcement includes activities of inspecting properties and buildings and securing compliance with
adopted ordinances and codes relative to the following:
(t) 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
(6) 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 data of this ordinance.
SOLID WASTE, BRUSH, AND REFUSE COLLECTION SERVICES
Refuse Service
Citizens in newly annexed areas will receive solid waste (bash), brush, and refuse service in accordance
with existing city ordinances. Generally, the ordinances provide residential pick-up service of plastic bags
and metal cans of not larger than 20 gallons in size at Curbside a streetside twice per week for a fee that
Is established by the city council. Most large objects can be picked up on an as -needed basis. The solid
waste customer must arrange for large object pick-up by calling the City of Anna (972-924-3326).
Present solid waste collection service routes will be extended to cower annexed areas.
The City currently contracts with a private firm that provides solid waste collection services. The
individual customer will be provided information regarding solid waste collections services when the
customer makes his/her water and/or sanitary sewer service deposit.
Pagel of 4
These services will be implemented within sixty (60) days of the effective date of the ordinance of which
this service plan is a part. Residents of the newly annexed area that have existing contracts with solid
waste service providers have one year from the date of annexation or until termination date of the existing
contract, whichever is sooner, to begin solid waste collection service through the City. Solid waste
collection is mandatory for City of Anna residents.
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.
Zoning 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, setbacks, and regulations relating to the use of
property.
(2) Enforce zoning ordinances relating to uses pemrifted, parking, lot coverage, minimum
building area, storage, heights, and other items.
(3) Implement and enforce subdivision and plat requirements.
(4) Provide assistance to citizens building on their property and handle complaints relating to
land use and zoning.
Mapping and drafting functions include the following:
(1) Provide mapping resources of new territories, zoning, streets, water and sewer lines,
easements, right -of- nays, 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.
Page 2 of 4
FIRE PROTECTION SERVICES
The City is served by the Anna Volunteer Fire Department, a private non-profit corporation. 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 and/or property owners of the community.
Fire protection services will be implemented immediately upon the effective date of this ordinance.
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 date of this ordinance or
atter the acceptance by the City of the streets in a new subdivision, whichever is appropriate.
WASTEWATER SERVICES
Citizens in newly annexed areas will be offered sanitary sewer service in accordance with existing City
ordinances. Generally these ordinances state 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 Commission on Environmental Quality, Texas
Department of Insurance, and City of Anna regulations and specifications.
It is anticipated that sanitary sewer service will be provided to this property through construction by the
property owner of offsite and on-site facilities. It is further anticipated that a Facilites Agreement will be
developed that will identify the details regarding sanitary sewer service for the newly annexed area.
Page 3 of 4
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 structure is permitted without
specific written approval from an authorized official of the City.
Sanitary sewer service rates will be assessed at the Same rate as established for other city customers in
the Same use classification.
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 suitable connection to the existing system can be
made and service to the custom can be provided. Water service facilities designed to connect an
unserved area to the City's existing system must be approved by the City Council and meet all City
zoning, subdivision, and other relevant requirements. All water mains must be constructed in accordance
with Texas Commission on Environmental Quality, Texas Department of Insurance, and City of Anna
regulations and specifications.
Some or all of the property annexed through this ordinance is located within the area certificated for water
service to the North Collin Water Supply Corporation. It is anticipated that the property will receive water
service by the City of Anna through an existing agreement between the City of Anna and North Collin
WSC. The service and facilities provided in the North Collin certificated area must meet City of Anna
subdivision and other regulations and standards for water service.
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 repairslmaintenance from the
meter to the point of usage is the property owner's responsibility.
Water service rates will be assessed at the same rate as established for other city customers in the same
use classfication.
Page 4 of 4