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HomeMy WebLinkAboutOrd 255-2006 Annexation 737.3 Acres JNC Partners (Anna Ranch).pdf1111111 111111 '11111"'11"/11111111111111 '11"'1111120060307000289380 . . 03/07/2006 11:24:00 AM 00 1/13ORIS1NA~ CITY OF ANNA, TEXAS ORDINANCE NO. 255-2006 ANNEXATION OF 737.3 ACRE TRACT (JNC Partners, LLC. -Anna Ranch) 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 Band 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. Ordinances 255-2006 Annex Anna RandhJNC Partners 737.3 Acres.doc 1 02-28-06 PASSED on this the 28th day of February. 2006, by the following vote of all members of the City Council as present: AYES 4 NAYS 1 ABSTAIN 0 (Council Member Crim) ArrEST: APPROVED: Ordinances 255-2006 Annex Anna Ranch-JNC Partners 737.3 Acres.doc 2 02-28-06 LEGAL DESCRIPTION TRACT 1 BEING a tract of land situated in the Grandison Stark Survey, Abstract No. 768 and the D. E. W. Babb Survey. Abstract No. 33. Collin County. Texas, said tract being aU of a called 361.545 acre tract shown as Tract One conveyed to JNC Partners, LLC by deed recorded in Volume 5785, Page 3731, Deed Records of Collin County. Texas and a called 171.389 aae of tract land conveyed to JNC Partners. LLC by deed recorded in Volume 5n8, Page 4036, Deed Records of Collin County. Texas and being more particularly described as follows (the bearing reference for this description is a bearing of N ()()o5O'()(j E for the west line of a called 88.71 acre tract of land conveyed from David G. Powell to JNC Partners, LLC by deed recorded in volume 5746, Page 4845. Deed Records of Collin county. Texas): BEGINNING at a point for a comer at a bend in County Road No. 422, said point being the northeast comer of a tract of land described in deed to Lee B. Stratton recorded in Volume 2599, Page 752, Deed Records of Collin County, Texas and in the south line of a called 84.80 acre tract of land described in deed to Sharp Gifting Trust recorded in Volume 2366, Page 757, Deed Records of Collin County, Texas; THENCE, S 89023'12" E, a distance of 1884.06 feet to an angle point, said point being the common north corner of the said 361.545 aae and the 171.389 acre tracts; THENCE, S 89025'02" E, a distance of 1580.15 feet to an angle point; THENCE, S 89028'14" E, a distance of 560.19 feet to a point for a comer, said point being the northeast comer of the said 171.389 acre tract; THENCE, S 01 °18'08" W, a distance of 351.05 feet to an angle point; THENCE, S 01°44'45" W, a distance of 1303.32 feet to an angle point; THENCE, S 02°35'34" W, a distance of 1030.93 feet to a point for a comer, said point being the most easterly southeast comer of the said 171.389 acre tract, and said point being in the north line of Creekside Acres Phase 1 recorded in Volume M, Page 314, Map Records of Collin County, Texas; THENCE, N 89012'1 r WI with the north line of Creekside Acres Phase 1, a distance of 228.25 feet to a point for a corner; THENCE, S 00048'05" W, with the west line of Creekside Acres Phase 1, a distance of 170.11 feet to a point for a comer, said point being the north comer of a called 10.376 aae tract of (and described in deed to Texas Power & Light Company recorded in Volume 1365. Page 810. Deed Records of Collin County. Texas; Page 1 of5 THENCE, S 51°23'5r W. with the northwest line of the said 10.376 aae tract, a distance of 1361.95 feet to a point for a comer. said point being the southerly southeast comer of the said 171.389 acre tract and in the north line of a tract of land desaibed in deed to Billy Clay recorded in Volume 2606, Page 921, Deed Records of Coifin County. Texas; THENCE, N 8S025'13" W. a distance of 1073.56 feet to a point for a comer, said point being the southwest comer of the said 171.389 acre tract and in the east tine of the said 361.545 acre tract, and said point being in County Road No. 418; THENCE, S 0005(100" W, with County Road No. 418, a distance of 742.74 feet to a point for a comer, said point being the southeast comer of the said 361.545 acre tract, said point being the northeast comer of a called 33.93 aae tract of land described in deed to Joe Snapp recorded in Volume 669, Page 831, Deed Records of Collin county, Texas; THENCE, N 88~8'03· W, with the north line of the said 33.93 aae tract, a distance of 1380.35 feet to an angle point; THENCE, N 00038'13" W. continuing with the north line of the said 33.93 acre tract, a distance of 2076.95 feet to an angle point, said point being the northwest corner of the said 33.93 acre tract and the northeast corner of a tract of land desaibed in deed to R&D AyCOCk, ltd. recorded in Volume 5105, Page 219, Deed Records of Collin County, Texas; THENCE. N as003' 43· W. with the north line of the said R&D Aycock tract, a distance of 2754.86 feet to a point for a comer in the east line of a tract of land described in deed to Joann Walkup recorded in County Clerk File No. 95-0014046. Deed Records of Collin County, said point being the southwest comer of the said 361.545 acre tract, THENCE, N 00°16'23" E. a distance of 207.51 feet to a point for a comer in the southeast line of a tract of land described in deed to Dallas Area Rapid Transit recorded in the Deed Records of Collin County. Texas; THENCE, N 19<>45'47" E, with the southeast line of the said DART tract, a di&tance of 1676.04 feet to a point for a comer in County Road No. 421, said point being the most westerly northwest comer of the said 361.545 acre tract and the southwest comer of a called 41.25 acre tract of land desaibed in deed to Clyde Askew recorded in the Deed Records of Collin County. Texas, said point being in the common line of the said Stark Survey and Babb Survey; THENCE. S 88°10'38" E. with County Road No. 421 and the said Survey line. a distance of 2090.22 feet to an angle point; Page2of5 THENCE. S 88°00'3211 E, continuing with County Road No. 421 and the said Survey line, a distance of 1933.03 feet to a point for a comer at the intersection of County Road No. 421 and County Road No. 422, said point being the southeast comer of a called 17.396 aae tract of land desaibed in deed to James Garvey recorded in County Clerk File No. 95-0040137, Deed Records of Collin County. Texas; THENCE, N 01 °32'5311 E. with County Road No. 422, a distance of 811.23 feet to an angle point at the southeast comer of the above said Stratton tract; THENCE, N 01 °30'34· W, a distance of 1832.44 feet to the Point of Beginning and Containing 23,215,599 square feet or 532.934 acres of land, more or less. TRACT 2 BEING a tract of land situated in the D. E. W. Babb Suryey. Abstract No. 33, Collin County, Texas, said tract being all of a called 88.71 acre tract conveyed to JNC Partners, LLC by deed recorded in Volume 5746. Page 4845, Deed Records of Collin County. Texas, a called 78.325 acre of tract land conveyed to JNC Partners, LLC by deed recorded in Volume 5824. Page 3728. Deed Records of Collin County, Texas and a called 35.002 acre of tract land conveyed to JNC Partners, LLC by deed recorded in Volume 5890, Page 5295, Deed Records of Collin County, Texas and being more particularly desaibed as follows (the bearing reference for this desaiption is a bearing of N 00050'00' E for the west line of the above called 88.71 acre tract); BEGINNING at a point at the intersection of County Road No. 417 and County Road No. 418, said point being the southwest comer of the said 88.71 acre tract; THENCE, N 00°50'00" E, with County Road No. 418, a distance of 2561.99 feet to a point for a comer, said point being the southeast comer of a called 361.545 acre tract conveyed to JNC Partners, LtC by deed recorded in Volume 5785, Page 3731, Deed Records of Collin County, Texas and the southwest comer of a called 11.26 acre tract of land described in deed to Kerry Hall recorded in County Clerk File NO. 97-00065301 J Deed Records of Collin County. Texas; THENCE, S 89<>10'00" E, a distance of 1466.66 feet to a point for a corner, said point being the most northerly northeast corner of the said 88.71 acre tract and in the west line of Creekside Acres Phase 2, an addition to the City of Anna, Texas recorded in Volume N. Page 667, Map Records of Collin County, Texas; Page3of5 THENCE, S 01 °44'10" W, with the west line of Creekside Acres Phase 2, a distance of 23.73 feet to a point for a comer, said point being the southwest comer of Creekside Acres Phase 2 and the northwest comer of the said 35.002 acre tract; THENCE, S 8S010'OO· E, a distance of 19n.01 feet to a point for a comer in County Road No. 419, said point being the northeast comer of the said 35.002 acre tract; THENCE, S 00°29'51" W, with County Road No. 419, a di~tance of 2542.98 feet to a point for a comer at the intersection of County Road No. 419 and County Road No. 417, said point being the southeast comer of the said 78.325 acre tract; THENCE, N 8S00T05" W, with County Road 417, a distance of 1931.20 feet to an angle point at the common south comer of the said 88.71 acre and 78.325 acre tracts; THENCE, N BS003'10" W, continuing with County Road No. 417, a distance of 1527.00 feet to the Point of Beginning and Containing 8,803,415 square feet or 202.099 acres of land, more or 'ess. TRACT 3 BEING a tract of land situated in the D. E. W. Babb Survey. Abstract No. 33. Collin County. Texas, said tract being all of a called 2.249 acre tract shown as Tract Two conveyed to JNC Partners, ltC by deed recorded in Votume 5785, Page 3731, Deed Records of Collin County, Texas, and being more particularly described as follows (the bearing reference for this description is a bearing of N 00050'00" E for the west fine of a called 88.71 aae tract of rand conveyed from David G. Powell to JNC Partners, LLC by deed recorded in votume 5746, Page 4845, Deed Records of Collin county, Texas): BEGINNING at a point for a comer in the northwest line of State Highway No.5. said point being in the north fine of the said Babb Survey and the northeast comer of the said 2.249 acre tract; THENCE, S 19°46'17" W. with the northwest line of State Highway No.5, a distance of 797.00 feet to a point for a comer, said point being in the east line of a calfed 14.71 acre tract described in deed to Lawson Uving Trust recorded in County Clerk File NO. 00-0038089, Deed Records of Dallas County, Texas; Page 4 of5 THENCE, N 00049'04" E, a distance of 757.00 feet to a point for a comer in the north line of the said Babb Survey, said point being the northeast comer of the said 14.71 aae tract and in County Road No. 365; THENCE, S 00028'18" E, with County Road No. 365 and the north line of the said Babb Survey. a distance of 258.85 feet to the Point of Beginning and Containing 2.249 acres of land, more or less. The above legal descriptions were prepared as the request of the landowner and are based solely from deed descriptions with the bearings rotated to match a common deed description as indicated in the preamble. The legal descriptions were not prepared from an on the ground survey and no representation is made as to the accuracy of the information herein. Date: August 25, 2005 lynn Kadleck Reg' ered Professional land Surveyor No. 3952 Page50f 5 Exhibit B EXHIBIT B ANNEXATION SERVICE PLAN JNC PARTNERS 737.3 ACRE TRACT FEBRUARY, 2006 CODE ENFORCEMENT Code Enforcement include~ activities of inspecting properties and buildings and securing compliance with adopted ordinanc~s and Codes relative to the following: (1) Tall grass and weeds (except for agricultural and ranch properties) (2) Tr!3sh 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 mpintenance and habitability of existing housing City code enforcerrent activities will be conducted in newly annexed territories under the same terms and on the same scheQule 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 the annexation of the property. .SOLID WASTE, BRUSH. AND REFUSE COLLECTION SERVICES Refuse Service Citizens in newly annexed areas will receive solid waste (trash), brush, and refuse service in accordance with existing city ordinances. Generally. the ordinances provide single family residential pick-up service of plastic bags and metal cans of not larger than 20 gallons in size at curbside or streetside twice per week for a fee that is established by the city council. Service to multifamily and non-residential customers is provided by the City through a contractor and service schedule and facilities depends on the needs of the customer. 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 (972-924-3325). Present solid waste collection service routes will be extended to cover annexed areas. Page 1 of 4 Exhibit B The City currently contracts with private firms that provide 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. 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 and businesses operating within the city limits. 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 permitted, 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-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. Page 2 of4 Exhibit B ( Planning. zoning, and mapping services will be implemented immediately upon the effective date of this ordinance. 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 the annexation of the property. 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 after 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. Page 3 of4 Exhibit B ( It is anticipated that sanitary sewer service will be provided to this property through construction by the property owner of off-site and on-site facilities. 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 customer 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. The property annexed through this ordinance is located within an area jOintly certificated for water service to the North Collin Water Supply Corporation (NCWSC) and the City of Anna. NCWSC and Anna have an agreement under which the City of Anna can provide water service to all areas divided into tracts/lots of one acre or less is size. The City of Anna will desire to provide service to the annexed tract. NCWSC is to be paid a specified amount per acre for the area to be served by Anna. The property owner(s) in the annexed area are expected to pay the required CCN purchase price at the time that Anna water service is requested to serve the area. 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 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 classification. Page 4 of 4 • • • • • • • • • • • • • • • • • • • •• ••I•I •I I I I •I I•I ••I • •• #fl ••••••••"". I ~"-/,I_II·!,.".,I·".".,II._·r. nr:::::-,-AI,/"'I·"·"~~·-··-I_ 7-1;tJA !WS~ () [2 AxvAJA Filed and Recorded Official PublIC Records Brenda Taylor, County Clerk CoUin County, TEXAS C3/07/2006 11 24 00 AM $64.00 DLAIRD 20060307000289380