HomeMy WebLinkAboutOrd 649-2014 Annexing 3.30± Acres (Bloomfield Homes Lakeview) RECORDED1 • - 1 1 • • 1
WHEREAS, certain property owners have petitioned the City of Anna to have their
property annexed to the City of Anna; and
WHEREAS, the City of Anna, Texas ("City") is a home -rule municipality located in Collin
County, Texas, created in accordance with the provisions of the Texas Local
Government Code and operating pursuant to the enabling legislation of the State of
Texas and the City's Home -Rule Charter; and
WHEREAS, the City desires to annex into its corporate limits the hereinafter described
territory adjacent to and adjoining the City (hereinafter, referenced as the "Territory"), to
wit: being a certain area of land situated in the Joseph Schluter Survey, Abstract
Number AO856, County of Collin, State of Texas and more particularly described in the
attached Exhibit A, which is incorporated herein for all purposes; and
WHEREAS, all statutory notice requirements relating to the annexation of the Territory
pursuant to Chapter 43 of the Texas Local Government Code have been satisfied; and
WHEREAS, the City Council of the City of Anna, Texas ("City Council") has determined
that it would be advantageous and beneficial to the City, its citizens, and the inhabitants
of the Territory, to annex the Territory to the City; and
WHEREAS, the City Council has determined that the Territory is adjacent to and
adjoins the City; and
WHEREAS, the City Council has investigated, determined and officially finds that no
part of the Territory is within the extraterritorial jurisdiction of any other incorporated city
or town; and
WHEREAS, to the extent that this ordinance would cause an unincorporated area to be
entirely surrounded by the City's corporate limits, the City Council has found—and
incorporates herein its finding—that surrounding the area is in the public interest; and
ORD. 649-2014 Annexation Bloomfield (Lakeview) PAGE 1 OF 3 01-28-14
WHEREAS, all procedures and proceedings related to this ordinance and to the
annexation of the Territory have been undertaken and acted upon in accordance with
the Texas Open Meetings Act, as applicable; and
WHEREAS, after hearing the arguments for and any arguments against the annexation
of the Territory, the City Council finds that the Territory should be annexed;
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
Section 1. Incorporation of Recitals. The above -stated recitals are incorporated into
this ordinance as if set forth in full here for all purposes.
Section 2. Territory Annexed.
(a) The Territory, described in Exhibit A attached hereto, which is hereby made an
integral part of this ordinance, lying adjacent to and adjoining the present corporate
boundaries of the City, is hereby added and annexed into the City, and the Territory
shall hereafter be included within the corporate boundary limits of the City, and the
present boundary limits of the City are altered and amended so as to include the
Territory within the corporate limits of the City.
(b) From and after the passage of this ordinance, the Territory shall be a part of the
City, the inhabitants thereof shall be entitled to all of the rights, privileges and
immunities as all other similarly situated citizens of the City, and shall be bound by all of
the ordinances and regulations enacted pursuant to and in conformity with the general
laws of the State of Texas.
Section 3. Official City Map Amended.
(a) The official map and boundaries of the City's corporate limits are hereby amended
so as to include the Territory.
(b) The City Manager is hereby directed and authorized to perform or cause to be
performed all acts necessary to update the official map of the City to add the Territory
hereby annexed as required by law, but any delay in or failure to update such map shall
in no way impact or affect the validity of this ordinance or this annexation.
Section 4. Filing of Ordinance. The City Secretary is hereby directed to file or cause
to be filed a certified copy of this ordinance in the office of the County Clerk of Collin
County, Texas, and any other necessary agencies, including the United States
Department of Justice.
Section 5. Cumulative Repealer. This ordinance shall be cumulative of all other
ordinances and shall not repeal any of the provisions of such ordinances except for
those instances where there are direct conflicts with the provisions of this ordinance.
Ordinances, or parts thereof, in force at the time this ordinance shall take effect and that
ORD. 649-2014 Annexation Bloomfield (Lakeview) PAGE 2 OF 3 01-28-14
are inconsistent with this ordinance are hereby repealed to the extent that they are
inconsistent with this ordinance.
Section 6. Severability. If any section, article, paragraph, sentence, clause, phrase or
word in this Ordinance, or application thereof to any person or circumstance, is held
invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not
affect the validity of the remaining portions of the Ordinance, and the City Council
hereby declares it would have passed such remaining portions of the Ordinance despite
such invalidity, which remaining portions shall remain in full force and effect.
Section 7. Engrossment and Enrollment.
hereby directed to engross and enroll this
minutes of the City Council of the City of
ordinance records of the City.
The City Secretary of the City of Anna is
ordinance by copying the Caption in the
Anna and by filing this ordinance in the
Section 8. Effective Date. This ordinance shall be in full force and effect from and after
its date of passage.
PASSED by the City Council of the City of Anna, Texas, this 28th day of January, 2014,
by the following vote of the members of the City Council as present:
AYES 7
NAYS 0
ABSTAIN 0
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Secretary, atha Wilkison
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ORD. 649-2014 Annexation Bloomfield (Lakeview) PAGE 3 OF 3 01-28-14
EXHIBIT "A"
LEGAL DESCRIPTION
3.300 ACRES
50591g
BEING a tract of land situated in the Joseph Schluter Survey, Abstract No.
856, Collin County, Texas, the subject tract being more particularly
described as follows;
BEGINNING at point in the approximate centerline of County Road No.
367, and at the southwest corner of a tract of land conveyed to Bloomfield
Homes, L.P. according to the Special Warranty deed recorded in County
Clerk file No. 20121002001246520 of the Official Public Records of Collin
County Texas, (OPRCCT), a PK nail found for corner;
THENCE, S 890 43' 41" E, along the south line of said Bloomfield Homes,
L.P. tract, a distance of 1897.54 feet to the southeast corner of said
Bloomfield Homes, L.P. tract, said corner located in a SCS Lake and at a
point on the northwesterly line of a tract of land conveyed to John Baldwin
according to the deed recorded in Volume 4609, Page 2526 (OPRCCT);
THENCE, S 450 31' 23" W, along the said John Baldwin tract northwesterly
line, a distance of 59.23 feet;
THENCE, S 880 02' 26" W, along an extension line of an existing barbed
wire fence (in said SCS Lake), proceeding along or near a barbed wire fence
appearing to be an Apparent Occupation Line between said Bloomfield
Homes, L.P. tract to the north and that tract of land to the south owned by
Paula Powell according to a Special Warranty Deed recorded in County
Clerk File No. 98-0047098 (OPRCCT), a distance of 1109.74 feet to a 5/8"
iron rod set with yellow plastic cap stamped "WESTWOOD PS" for corner;
THENCE, S 88° 21' 35" W, continuing along or near the same barbed wire
fence being an Apparent Occupation Line, a distance of 716.98 feet to a 5/8
inch iron rod set with yellow plastic cap stamped "WESTWOOD PS" for
corner;
THENCE, N 89° 43' 41" W, a distance of 30.00 feet to a PK nail set for
corner in the approximate centerline of said County Road No. 367;
Page 1 of 3
THENCE, N 000 16' 19" E, along the approximate centerline of said County
Road No. 367, and the west line of the Joseph Schluter Survey, Abstract No.
856, a distance of 108.83 feet to the PLACE OF BEGINNING with the
subject tract containing 143,751 square feet or 3.300 acres of land.
Bearings for this description are based on the south line of the Bloomfield
Homes, L.P. Special Warranty deed recorded in County Clerk file No.
20121002001246520 of the Official Public Records of Collin County Texas,
(OPRCCT),
Page 2 of 3
o2013
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PK Nail
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Inc.
ROY L. ANDREWS
C.C. No. 97-0036265
O.P.R.C.C.T.
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BLOOMFIELD HOMES, L.P.
C.C. No. 20121002001246520
O.P.R.C.C.T.
POINT OF 13.300 ACRE
BEGINNINGAMW
Noil set S 89#43'41" E 1897.54'
s c1Rs S 88'21 '35" W 518CIRS S 88'02'26 W
716.98 1109.74'
PAULA POWELL
C.C. No. 98-0047098
O.P.R.C,C.T.
LINE BEARING
DISTANCE
L 1 S 45'31'23" W
59.23'
L2 N 89'43'41 " W
30.00'
L3 N 00'16'19" E
108.83'
IRF = Iron rod found
5/8"CIRF = 5/8" Iron rod with yellow plastic
cop stomped "WESTWOOD" set for
corner.
O.P.R.C.C.T,= Official Public Records,
Collin County, Texas
WWWOod Prafentoml WAM Inc.
7699 Anagram Driva
Eden Prolde, MN 65344
PHONE 952-937-5160
FAX 952-937.5822
TOLL FREE 1888.937-5160
wWW.Wft xiodpsccm
r CLINT O. MURPHY
C.C. No. 93-0114724
O.P.R.C.C.T.
JAMES S. LOWE III
G.C. No. 97-0053211
O.P.R.C.C.T.
DEAN ANDREWS
C.C- No. 99-0154914
O.P.R.C.C.T.
JOHN M. NELSON
Vol. 1142, Pg. 102
\ O.P.R.C.C.T.
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JOHN BALDWIN
vol. 4609, Pg. 2526
O.P.R.C.C.T.
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"ExWbit ij
U&eview Estates
33M acres
in the
JOSEPH SCHLU ER SURVEY ABSTRACT NO W
City of Anna, Collin County, Texas
sheer. 3 of 3
Date: 12/10/2013
Property
Axhibit