HomeMy WebLinkAboutOrd 713-2016 Annexation - Multiple Tracts.pdf CITY OF ANNA, TEXAS
ORDINANCE NO. 713-2016
AN ORDINANCE ANNEXING INTO THE CITY OF ANNA, TEXAS THE
HEREINAFTER DESCRIBED TERRITORY ADJACENT TO AND ADJOINING THE
CITY OF ANNA, TEXAS, TO WIT: BEING A CERTAIN AREA OF LAND SITUATED IN
THE HIRAM BRINLEE SURVEY, ABSTRACT NO. 30, THE JOHN CHAMBERS
SURVEY, ABSTRACT NO. 223, THE SAMUEL CRAFT SURVEY, ABSTRACT NO.
165, JONATHAN DOUTHIT SURVEY, ABSTRACT NO. 251, THE WILLIAM
KITCHINGS SURVEY, ABSTRACT NO. A0505 AND THE W E THROCKMORTON
SURVEY, ABSTRACT A0899, COUNTY OF COLLIN, STATE OF TEXAS;
AMENDING THE OFFICIAL CITY MAP; PROVIDING FOR A SERVICE PLAN;
REQUIRING THE FILING OF THIS ORDINANCE WITH THE COLLIN COUNTY
CLERK; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT;
PROVIDING FOR AN EFFECTIVE DATE.
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 Hiram Brinlee Survey, Abstract No. 30,
the John Chambers Survey, Abstract No. 223, the Samuel Craft Survey, Abstract No.
165, the Jonathan Douthit Survey, Abstract No. 251, the William Kitchings Survey,
Abstract No. A0505, and The W E Throckmorton Survey, Abstract A0899, County of
Collin, State of Texas and more particularly described in the attached Exhibits A, B, C &
D, which are 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, two public hearings were conducted in accordance with Chapter 43 of the
Texas Local Government Code to consider the annexation of the Territory; and
WHEREAS, said public hearings were conducted and held no more than forty (40) days
nor less than twenty (20) days prior to the institution of annexation proceedings; and
CITY OF ANNA, TEXAS ORDINANCE NO. 713-2016 PAGE 1 OF 4
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
WHEREAS, a service plan providing for the extension of municipal services into the
Territory, which was prepared prior to and made available at the aforementioned public
hearings, is attached hereto as Exhibit E and incorporated herein for all purposes; and
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
ANNA, TEXAS:
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 Exhibits A, B, C & D, attached hereto and 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, and, subject to the municipal service plan referenced in Section 4 of this
ordinance, 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
CITY OF ANNA,TEXAS ORDINANCE NO. 713-2016 PAGE 2 OF 4
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. Municipal Service Plan. The municipal service plan for the Territory,
attached hereto as Exhibit E, was submitted in accordance with Chapter 43 of the
Texas Local Government Code and is hereby approved as part of this ordinance.
Section 5. 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.
Section 6. 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
are inconsistent with this ordinance are hereby repealed to the extent that they are
inconsistent with this ordinance.
Section 7. 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 8. Engrossment and Enrollment. The City Secretary of the City of Anna is
hereby directed to engross and enroll this ordinance by copying the Caption in the
minutes of the City Council of the City of Anna and by filing this ordinance in the
ordinance records of the City.
Section 9. Effective Date. This ordinance shall be in full force and effect from and after
its date of passage.
CITY OF ANNA, TEXAS ORDINANCE NO. 713-2016 PAGE 3 OF 4
PASSED by the City Council of the City of Anna, Texas, this 23111 day of February, 2016,
by the following vote of the members of the City Council as present:
ATTEST: APPROVED:
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City Secretary Carrie L. Smith `���.�`�•y °•FN ,pro Tem J h Bazley
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CITY OF ANNA,TEXAS ORDINANCE NO. 713-2016 PAGE 4 OF 4
St. Charles Apartments,Inc.
EXHIBIT A
FIELD NOTES
Being a 21.4 acre tract situated in Collin County, Texas, a part of the Hiram Brinlee
Survey,Abstract No. 30 and being part of the tracts recorded in document number
2006082300 1212890 and 2006082300 1212860 of the Collin County Deed Records,
and being more particularly described as follows:
BEGINNING at the northwest corner of the aforementioned document number
2006082300 1212890 tract of land with said beginning also being in the south right-of-
way line of the Sam Rayburn Memorial Highway(State Highway 121);
THENCE along the Southeast right-of-way line of Sam Rayburn Memorial Highway,
North 54 degrees 44 minutes 54 seconds East 706.17 feet to a point for corner and at a
point of curvature in the right-of-way;
THENCE along a cutve to the left, subtended by an angle of 02 degrees 51 minutes 00
seconds and a radius of 11,519.16 feet, an are length of 572.98 feet to a point for corner
at a point of tangency on said Southeast right-of-way line;
THENCE continuing along the Southeast right-of-way line of said Sam Rayburn
Memorial Highway North 51 degrees 59 minutes 32 seconds East 818.90 feet to a point
for corner;
THENCE South 00 degrees 34 minutes 13 seconds West 569.97 feet to a point for
corner;
THENCE South 52 degrees 03 minutes 52 seconds West 462.75 feet to a point for corner
in a curve to the right with a radius of 13,541.55 feet;
THENCE with said curve to the right a distance of 595.07 feet and a chord bearing of
south 53 degrees 19 minutes 24 seconds west a distance of 595.03 feet to a point for
corner;
THENCE South 54 degrees 44 minutes 54 seconds West 1,033.11 feet to a point for
corner;
THENCE North 01 degrees 03 minutes 10 seconds East 552.19 feet to the PLACE OF
BEGINNING in the right-of-way line of Sam Rayburn Memorial Highway and
containing 21.4 acres of land more or less;
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EXHIBIT A
Location—East of Sam Rayburn Memorial Hwy at Collin County Outer Loop
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Exhibit B
BEING a tract or parcel of land situated in the John Chambers Survey,Abstract No.233 and the Samuel
Craft Survey,Abstract No. 165, Collin County,Texas;and being part of that tract of land conveyed to
Matthew Wade Hancock by Deed recorded in Volume 4304,Page 2449,Deed Records,Collin
County,Texas, and being more particularly described as follows:
BEGINNING at a 1/2 inch iron rod found in the East right-of-way line of State Highway 121 and the
Northwest comer of a tract of land conveyed to Oliver Israel Boone by Deed recorded in Volume 1887,
Page 867, Deed Records, Collin County, Texas;
THENCE South 01 degree 10 minutes 01 seconds East,along the West line of said Oliver Israel
Boone tract,a distance of 1,307.79 feet to point for corner;
THENCE South 49 degrees 02 minutes 55 seconds West a distance of 1039.52 feet to a point for
corner
THENCE South 89 degrees 34 minutes 58 seconds West,a distance of 250.34 feet to a point for
corner;
THENCE South 89 degrees 06 minutes 08 seconds West,a distance of 912.43 feet to a point for
corner:
THENCE South 88 degrees 45 minutes 22 seconds West,a distance of 380.47 feet to a point for
corner,said point being in the East right-of-way line of said State Highway 121;
THENCE along the East right-of-way line of said State Highway 121 the following calls:
THENCE North 48 degrees 16 minutes 08 seconds East, a distance of 1197.95 feet to a point for
corner;
THENCE North 53 degrees 58 minutes 46 seconds East, a distance of 100.50 feet to a point for
comer;
THENCE North 48 degrees 16 minutes 08 seconds East, a distance of 200.00 feet to a point for
corner;
THENCE North 45 degrees 24 minutes 23 seconds East, a distance of 200.25 feet to a point for
corner;
THENCE North 48 degrees 16 minutes 08 seconds East, a distance of 300.00 feet to a point for
corner;
THENCE North 51 degrees 50 minutes 43 seconds East, a distance of 400.78 feet to a point for
corner,
THENCE North 48 degrees 16 minutes 08 seconds East, a distance of 100.00 feet to a point for
corner;
THENCE North 41 degrees 08 minutes 38 seconds East,a distance of 201.56 feet to a point for
corner,
THENCE North 48 degrees 32 minutes 15 seconds East,a distance of 284.53 feet to a point for
corner,
THENCE North 68 degrees 51 minutes 08 seconds East,a distance of 80.28 feet to the Point of
Beginning and Containing 47.6 acres of land,more or less.
BHAGAT HOLDINGS LTD.
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EXHIBIT B
Location—East of Sam Rayburn Memorial Hwy and east of FM 2862
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E%IIIBIT C
SITUATED in Collin County,Texas in the Jonathan Douthit Survey,Abstract No.251,in Collin County,Texas and
being more particularly described by metes and bounds as follows:
BEGINNING at a point in the intersection of the north right-of-way line of F.M.545 and the west right-of-way line of
F.M.2862 and at the most southerly and westerly part of a corner clip of said intersection;
THENCE north 88 degrees 32 minutes 59 seconds west a distance of 763.32 feet with the north right-of-way line of F.M.
545 to a point for corner;
THENCE north 01 degrees 27 minutes 01 second east a distance of 796.82 feet to a point for corner;
THENCE south 88 degrees 32 minutes 59 seconds east a distance of 830.70 feet to a point for corner in the west right-of-
way line of F.M.2862;
THENCE south 02 degrees 42 minutes 00 seconds west a distance of 747.01 feet with said west right-of-way line of
F.M.2862 to a point for corner;
THENCE south 47 degrees 04 minutes 31 seconds west 71.48 feet with the said corner clip to the PLACE OF
BEGINNING and containing 15 acres of land more or less.
McGuffey Living Trust LEGAL
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F.M.545 763.32'N 88d32'59"W
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EXHIBIT C
Location—Northwest corner of the intersection of FM 2862 and FM 545
503
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EXHIBIT D
FIELD NOTES
Being a 15.4 acre tract of land situated in Collin County in the W.E. Throckmorton
Survey,Abstract Number 899. Said tract also being all of a tract of land as recorded in
Volume 4632 Page 2242 of the Deed Records of Collin County Texas and a part of the
tract recorded in Volume 4555 Page 1267 of the Deed Records of Collin County Texas
and being describe more particularly as follows:
BEGINNING at a point that bears South 3 degrees 5 minutes 20 seconds West a distance
of 40.01 feet from the starting point of the said tract of land recorded in Volume 4555
Page 1267, said point also being in the east right-of-way line of U.S. Highway 75;
THENCE; South 88 degrees 12 minutes 15 seconds East, a distance of 476.64 feet to a
point for corner;
THENCE; South 00 degrees 12 minutes 44 seconds West, a distance of 958.81 feet to a
point for corner;
THENCE;North 89 degrees 22 minutes 43 seconds East, a distance of 58.40 feet to a
point for corner;
THENCE; South 40 degrees 43 minutes 23 seconds East, a distance of 194.42 feet to a
point for corner;
THENCE; South 01 degree 14 minutes 04 seconds West, a distance of 19.44 feet to a
point for corner;
THENCE; South 43 degrees 10 minutes 41 seconds West, a distance of 233.63 feet to a
point for a corner;
THENCE; South 73 degrees 45 minutes 48 seconds West, a distance of 89.68 feet to a
point for corner;
THENCE; South 40 degrees 25 minutes 26 seconds West, a distance of 63.46 feet to a
point for a corner;
THENCE; North 59 degrees 17 minutes 11 seconds West, a distance of 459.15 feet to
the East line of U. S. Highway Number 75 as described in deed to the State of Texas,
filed 14 June 1965, and recorded in Volume 654, Page 633 of said Deed Records for a
point for corner;
THENCE;North 00 degrees 27 minutes 35 seconds East,with the East line of said
highway, a distance of 7.49 feet to a point for corner;
Stewart, William D &Nora Yvonne
THENCE; North 00 degrees 37 minutes 16 seconds West,with the East line of said
highway, a distance of 578.32 feet to a point for corner;
THENCE; North 03 degrees 05 minutes 20 seconds East, with the East line of said
highway, a distance of 564.18 feet to the POINT OF BEGINNING and containing 15.4
acres of land more or less.
Stewart, William D &Nora Yvonne
William & Nora Stewart
40.01'S 3d5'20"r476,64'S
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63.46'S 40d25'26"W
EXHIBIT D
Location—Northeast corner of the intersection of US 75 and Collin County Outer Loop
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EXHIBIT E
ANNEXATION SERVICE PLAN
POLICE PROTECTION
On the effective date of annexation, the City of Anna, Texas and its Police Department
will provide police protection to the newly annexed area at the same or similar level of
service now being provided to other areas of the City of Anna, Texas with similar
topography, land use, and population density within the newly annexed area.
FIRE PROTECTION
On the effective date of annexation, the City of Anna, Texas and its Fire Department will
provide fire protection to the newly annexed area at the same or similar level of service
now being provided to other areas of the City of Anna, Texas with similar topography,
land use, and population density within the newly annexed area.
EMERGENCY MEDICAL SERVICES
On the effective date of annexation, the City of Anna, Texas, through its contract with
Collin County or another service provider, will provide emergency medical services to
the newly annexed area at the same or similar level of service now being provided to
other areas of the City of Anna, Texas with similar topography, land use, and population
density within the newly annexed area.
SOLID WASTE COLLECTION
On the effective date of annexation, the City of Anna, Texas, through its contract with
Bradshaw and Son or another service provider, will provide solid waste collection to
residents and businesses in the newly annexed area (to the extent that the service
provider has access to the area to be serviced) at the same or similar level of service
now being provided to other areas of the City of Anna, Texas with similar topography,
land use, and population density within the newly annexed area. Such service will be
provided in accordance with existing City policies and Ordinances, and only upon
payment of any required deposits and the agreement to pay lawful service fees and
charges for solid waste collection.
Residents and businesses of the newly annexed area that have existing contracts with
solid waste service providers have two years from the date of annexation or until the
termination date of the existing contract, whichever is sooner, to begin solid waste
Page 1 of 4
collection service through the City. Solid waste collection is mandatory for City of Anna
residents and businesses operating within the city limits.
WATER AND WASTEWATER FACILITIES
On the effective date of annexation, any and all water or wastewater facilities owned by
the City of Anna, Texas at the time of annexation shall be maintained and operated by
the City of Anna, Texas. Of such facilities, the City will maintain the water distribution
and wastewater collection main lines. All water and wastewater service lines, shall be
maintained by the property owner served by the service connection.
Residents and owners of property in newly annexed areas that are located within the
City's water or wastewater CCN will be offered water and wastewater service in
accordance with City policies and ordinances in existence at the time of annexation or
as may be amended from time-to-time by the City Council. Generally, these ordinances
state that the land owner or customer must bear the cost of construction of water and
wastewater system facilities to a point where suitable connection to the existing system
can be made and service to the customer can be provided. All water and wastewater
facilities designed to connect to the City's existing system must be approved by the City
and meet all City zoning, subdivision, and other development ordinances and
requirements. The City may decline to provide water or wastewater service in areas
already receiving such services from another duly certificated services provider.
ROADS AND STREETS
On the effective date of annexation, any and all existing public roads or streets in the
newly annexed area which have been dedicated to Collin County, Texas or to the City
of Anna, Texas, or which are owned by the City of Anna, Texas shall be maintained to
the same degree and extent that other roads and streets are maintained in areas of the
City with similar topography land use and population density. Specific maintenance
activities are determined by available funding and the need for maintenance as
determined by the City. The City is not obligated to maintain any portion of a private
road or street. Any and all lighting of roads and streets which may be positioned in a
public right of way, roadway or utility company easement shall be maintained by the
applicable utility company servicing that area of the City of Anna, Texas pursuant to the
rules regulations and fees of such utility.
An owner of land within the newly annexed area that desires to develop said property
will be required pursuant to the ordinances of the City of Anna, Texas to provide internal
and peripheral streets and to construct those streets in accordance with the
specifications required by the City of Anna, Texas.
Page 2 of 4
PARKS PLAYGROUNDS AND SWIMMING POOLS OR ANY
OTHER PUBLICLY OWNED FACILITY BUILDING OR SERVICE
The City Council of the City of Anna, Texas is not aware of the existence of any public
parks, public playgrounds, public swimming pools, or any other publicly owned facility,
building or service now located in the area proposed for annexation. In the event any
such parks, playgrounds, swimming pools, or any other public facilities, buildings or
services do exist and are public facilities, the City of Anna, Texas, upon acquisition of
such facilities at no cost to the City of Anna, Texas, will maintain such areas upon
annexation to the same extent and degree that it maintains public parks, public
playgrounds, public swimming pools, other public facilities buildings or services and
other similar areas of the City now incorporated in the City of Anna, Texas.
OTHER MUNICIPAL SERVICES
Following annexation by the City of Anna, Texas, the City will provide code
enforcement, planning, and animal control services to the newly annexed area, to the
extent such services are funded in the annual budget and provided by the City within its
full-purpose boundaries. Such services will be provided to the newly annexed area at
the same or similar level of service now being provided to other areas of the City of
Anna, Texas with similar topography, land use, and population density within the newly
annexed area.
CONSTRUCTION OF CAPITAL IMPROVEMENTS
The City Council of the City of Anna, Texas finds and determines it to be unnecessary
to acquire or construct specific capital improvements for the purposes of providing full
municipal services to the newly annexed area. The City Council finds and determines
that it has at the present time adequate facilities to provide the same type, kind and
level of service which exists in and is presently being administered to other areas
already incorporated in the City of Anna, Texas with the same or similar topography,
land use and population density.
SPECIFIC FINDINGS
The City Council of the City of Anna, Texas finds and determines that this proposed
Service Plan will not provide any fewer services and it will not provide a lower level of
service in the area proposed to be annexed than were in existence in the proposed area
at the time immediately preceding the annexation process. Furthermore, the City
Council of the City of Anna, Texas finds and determines that the rural nature of the area
is characteristically different from other more highly developed areas within the
corporate limits of the City of Anna, Texas. Consequently because of the differing
characteristics of topography, land use, and population density the service levels which
may ultimately be provided in the newly annexed area may differ somewhat from
Page 3 of 4
services provided in other areas of the City of Anna, Texas. These differences are
specifically dictated because of differing characteristics of the property. The City of
Anna, Texas will undertake to perform consistent with this service plan so as to provide
this newly annexed area with the same type, kind and quality of service presently
enjoyed by the citizens of the City of Anna, Texas who reside in areas of similar
topography, land use and population density.
TERM
This Service Plan shall be valid for a term of ten (10) years. Renewal of the
Service Plan shall be at the discretion of the City Council.
AMENDMENTS
This Service Plan may be amended if the City Council determines at a public
hearing that changed conditions or subsequent occurrences make this Service
Plan unworkable or obsolete. The City Council may amend the Service Plan to
conform to the changed conditions or subsequent occurrences pursuant to Texas
Local Government Code, Section 43.056.
Page 4 of 4