HomeMy WebLinkAboutOrd 326-2007 Annexation Involuntary West White St. (FM 455).pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 326-2007
ANNEXATION (INVOLUNTARY) WEST WHITE ST (FM 455)
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, the City Council of the City of Anna has determined that orderly, planned
development of the city requires that annexation of major corridor areas be
accomplished and development regulations be extended to these areas;
WHEREAS, the area along and near West White Street (FM 455) is one of the most
important corridors in the city and is also a major gateway into the community; and
WHEREAS, the tract described in Exhibit A is adjacent to and adjoins 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
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS:
Section 1. 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.
OM, 328-2007Anmkg In ktn rywest WhHmFM455 1 05-08-07
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.
PASSED on this the 8h day of May, 2007, by the following vote of the members of the
City Council as present:
AYES 6 NAYS 0 ABSTAIN 0
ATTEST:
Ord. 326-2007Mroxin®1m unt"Weal Whft-FM 455 2 05-0"7
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TRACT
Harlow tract (East of Westfield addition)
SITUATED in Collin County, Texas, a part of the Gmnderson Stark Survey, Abstract
No. 798, and being part of 117.57 acres of land in said Stark Survey, heretofore conveyed
by Mary B. Judd, et al to O.D. Cravens and Clara Cravens, by deed recorded in Vol. 200,
Page 565, Collin County Deed Records;
BEGINNING in the north line of said 117.57 acre tract of land n Public mad and
northwest corner of a tract of 15 acres in said Stark Surveyed by O.D. Cravens et ux to J.
F. Mclain, a stake from 10 degrees 48 minutes East 42.9 feet;
THENCE West 356.4 feet to the northwest corner of said 117.57 acre tract of land;
THENCE South 1,843.38 feet to southwest comer of said 117.57 acre tract of land;
THENCE East 66 feet to the middle of the bed of Slayter Creek for a point for corner,
THENCE up said creek in a northerly direction in the middle of its bed with its meanders
to the south line of said J.F. Mclain's 15 acres tract of land which bears north 17 degrees
32 minutes 58 seconds east a distance of 1,269.53 feet;
THENCE west 66 feet to the southwest corner of said 15 acre tract of land;
THENCE north 9 degrees 10 minutes east a distance of 632.94 feet to the POINT OF
BEGINNING and containing 8.4 acres of land more or less.
TRACT 2
Harlow tract (West of Westfield Addition and private road)
SITUATED in Collin County, Texas, in the Joseph Schluter Survey, Abstract No. 856
and being the residue of 29.79 acre tract described in a Deed from Luther N. Roberts to
Lotie Powell and W.B. Powell dated April 29, 1974, and recorded in Volume 913, Page
166 of the Collin County Deed Records and being more particularly described by metes
and bounds as follows:
BEGINNING at a Yz inch iron rod located in the North line of said 29.79 acre tract and
the South right of way line of F.M. 455 from the Northeast comer of said 29.79 acre tract
bears South 89 degrees 56 minutes 57 seconds East a distance of 40.00 feet;
THENCE SOUTH 00 degrees 25 minutes 00 seconds West a distance of 1612 feet to a %:
inch iron rod located in the SOUTH line of said 29.79 Acre tract for the Southeast comer
of this tract;
THENCE with old fence and hedge row as follows;
NORTH 87 degrees 48 minutes 38 seconds West a distance of 54.70 feet;
SOUTH 87 degrees 16 minutes 22 seconds West a distance of 78.50 feet;
NORTH 88 degrees 43 minutes 38 seconds West a distance of 145.10 feet;
NORTH 89 degrees 23 minutes 38 seconds West a distance of 227.80 feet;
NORTH 89 degrees 51 minutes 38 seconds West a distance of 209.30 feet;
SOUTH 86 degrees 17 minutes 15 seconds West a distance of 50.04 feet to a %:
inch iron rod found for the Southwest comer of this tract;
THENCE NORTH 2 degrees 06 minutes 14 seconds East a distance of 1612.42 feet to a
`/x inch iron rod found by a fence corner in the South right of way line of F.M. 455 for the
Northwest comer of this tract;
THENCE SOUTH 89 degrees 56 minutes 57 seconds East with the South right of way
line of F.M. 455 a distance of 717.69 feet to the PLACE OF BEGINNING, and
CONTAINING 27.4032 acres of land.
TRACT 3
Roper tract (East of West Crossing and West of Willow Creek Addition)
SITUATED in the John C. Farris Survey, Abstract No. 331, Collin County, Texas, the
subject tracts of land conveyed to Brian roper according to the deed recorded in Volume
4202, Page 2437 (DRCCT), tracts of land conveyed to PSB Partners, LTD. according to
the deeds recorded in Volume 4361, Page 2602 and Volume 4680, Page 130 (DRCCT);
BEGINNING at a point on the north right-of-way line of Farm Road Number 455 said
point also being the southwest corner of a tract of land conveyed to PSB Parsers, LTD.
according to the deed recorded in Volume 4360, Page 2039 (DRCCT);
THENCE north 0 degrees 7 minutes 19 seconds west a distance of 485.12 feet;
THENCE north 89 degrees 53 minutes 59 seconds east a distance of 541.15 feet;
THENCE south 0 degrees 3 minutes 12 seconds west a distance of 483.70 feet;
THENCE south 89 degrees 44 minutes 42 seconds west a distance of 539.68 to the
POINT OF BEGINNING and containing 6 acres save and except that area already in the
city limits.
TRACT4
Ronny Brown Tract
SITUATED in the F.T. Duffau Survey, Abstract Number 288 in Collin County, Texas
BEGINNING at a point that bears north 1 degree 5 minutes West a distance of 329.52
feet from the intersection of the east line of the Rudman Partnership tract recorded in
Volume 3346, Page 764 of the Land Records of Collin County, Texas with the centerline
of Farm to Market Highway 455;
THENCE leaving the centerline and with the east line of the Ronny Brown tract north I
degree 55 minutes east a distance of 259.44 feet to a point for the northeast comer of said
Brown tract;
THENCE with the north line of said brown tract, south 78 degrees 51 minutes west a
distance of 154.18 feet to a point for corner;
THENCE with the west line of said Brown tract, south 3 degrees 57 minutes west a
distance of 219.23 feet to a point for corner in the centerline of said F.M. Highway
Number 455;
THENCE south 86 degrees 5 minutes 34 seconds east a distance of 158.06 feet to the
POINT OF BEGINNING and containing 0.84 acres of land more or less.
TRACT 5
Windmill Storage and remainder after Auto Zone
Being a 6.23 acre tract of land situated in the Joseph Schluter Survey, Abstract No. 856,
Collin County, Texas, and being a portion of a called 19.991 acre tract of land described
in a Warranty Deed with Vendor's Lien recorded at County clerk File No. 93-0108070 in
the Collin County Deed records and part of a called 10.00 acre tract of land described in a
General Warranty Deed recorded at County Clerk File No. 93-0108071 in said deed
records, and being more particularly described as follows:
BEGINNING at a 518 inch iron rod that bears South 2 degrees 21 minutes 12 seconds
East a distance of 193.81 feet;
THENCE South 87 degrees 5 minutes 01 seconds East a distance of 240.27 feet;
THENCE North 2 degrees 54 minutes 59 seconds East a distance of 192.96 feet;
THENCE South 87 degrees 05 minutes 00 seconds East, along the southerly right -of --way
line of F.M. Highway No. 455, a distance of 143.64 to a 5f8 inch iron rod found for the
northeast comer of the herein described tract;
THENCE South 00 degrees 07 minutes 00 seconds East, deporting said right-of-way, a
distance of 554.68 feet to a 5/8 inch iron rod found at the most easterly southeast comer
of the herein described tract;
THENCE North 87 degrees 20 minutes 00 seconds West, a distance of 142.93 feet to a
5/8 inch iron rod found at an inner "ell' corner of the herein described tract;
THENCE South 2 degrees 40 minutes 00 seconds West, a distance of 376.00 feet to a
Point from which a 5/8 inch iron rod found bears South 77 degrees 11 minutes 22 seconds
West, 0.37 feet, being at the most southerly southeast comer of the herein described tract;
THENCE North 87 degrees 20 minutes 00 seconds West,, a distance of 264.72 feet to a
point from which a 5/8 inch iron rod found bears North 85 degrees 05 minutes 06 seconds
West, 0.33 feet, being at the southwest corner of the herein described tract;
THENCE North 02 degrees 21 minutes 12 seconds East, a distance of 738.75 feet to the
POINT OF BEGINNING and containing 6.23 acres of land more or less.
TRACT 6
Mann Tract
SITUATED in Collin County, Texas, in the Joseph Schluter Survey, Abstract No. 856
and being part of 29.79 acre tract described in a Deed from Luther N. Roberts to Louis L.
Roberts dated October 15, 1973, and recorded in Volume 888, Page 501 of the Collin
County Land Records and being more particularly described by metes and bounds as
follows:
BEGINNING at the northeast corner of a tract of land conveyed to the City of Anna
Docket Number 20060714000982730 of the R.P.R.C.C.T. and also being in the south
right-of-way line of West White Street (Fant to Market Highway Number 455);
THENCE south 88 degrees 29 minutes 59 seconds east a distance of 434.45 feet to a
point for corner;
THENCE south 2 degrees 13 minutes 21 seconds west a distance of 328.48 feet to a point
for comer;
THENCE north 87 degrees 20 minutes 00 seconds west a distance of 421.37 feet to a
point for comer;
THENCE north 00 degrees 07 minutes 00 seconds west a distance of 320 feet to the
POINT OF BEGINNING and containing 3.2 acres of land more of less.
Exhibit B
ANNEXATION SERVICE PLAN
West White Street
MAY, 2007
CODE ENFORCEMENT
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 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 5
Exhibit B
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These services will be implemented within surly (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 hest 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 permKW, 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 of 5
Exhibit 8
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 considenation 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
The area included in this annexation is within the sewer service area (Certificate of Convenience No.
20895) of the City of Anna.
Residents and property owners in the newly annexed area 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
Page 3 of 5
Exhibit IS
provided. All sanitary sewer facilities must be constructed in accordance with Texas Commission on
Environmental Quality, Texas Department of Insurance, Collin County, and City of Anna regulations and
specifications.
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 -
On -site sewer systems serving existing development will be permitted as long as such systems perform
and operate in compliance with City of Anna, Collin County, and State of Texas regulations and
requirements, if existing on-site systems fail to perform and/or operate in compliance with City of Anna,
Collin County, or State of Texas regulations and requirements, the City may require that the property
owner connect to the City of Anna sanitary sewer system under the City regulations that pertain at the
time of noncompliance.
Sanitary sewer service rates will be assessed at the same rate as established for other city customers in
the same use classification.
WATER SERVICES
The area included in this annexation is within the water service area (Certificate of Convenience No.
12978) of the City of Anna.
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 policy for private service lines will remain the same as exists in the current City limits. The City will
maintain water lines from the water main to the water meter. All repairstmaintenance from the meter to
the point of usage is the property owners responsibility.
(rage 4 of 5
Exhibit B
Water service rates will be assessed at the same rate as established for other city customers in the same
use classification.
Page 5 of 5