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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 GYM zlz/l�- CKY Secretary, atha Wilkison WA - U :161TAl:11 r 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 I I M J PK Nail set i r .LEGEND Inc. ROY L. ANDREWS C.C. No. 97-0036265 O.P.R.C.C.T. sopoy 866 5c1400. 3as� A�S2RA0� 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. sc •s i JOHN BALDWIN vol. 4609, Pg. 2526 O.P.R.C.C.T. X o• wo• so "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