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HomeMy WebLinkAboutRes 2025-01-1729 Conditional Agreement Regarding Services for One Community ChurchCITY OF ANNA, TEXAS RESOLUTION NO. l7a 7 A RESOLUTION ADOPTING A CONDITIONAL AGREEMENT REGARDING SERVICES RELATED TO ANNEXATION OF A 4.9± ACRE TRACT OF LAND WHEREAS, Chapter 43 of the Texas Local Government Code authorizes the annexation of territory, subject to the laws of this state; and WHEREAS, the City of Anna, Texas (the "City") is a Texas home -rule municipality; and WHEREAS, Section 43.0671 of the Texas Local Government Code authorizes a municipality to extend the boundaries of the municipality and annex areas by request of the owner(s) of the areas; and WHEREAS, on or about December 9, 2024, the respective owners submitted a written request to the City for annexation of a tract of land into the corporate limits of the City (the "Annexation Tract"); and WHEREAS, the Annexation Tract is a 4.9± acre tract of land situated in Robert Johnson Survey, Abstract No. 479, Collin County, Texas, and being all of a 4.90 acre tract of land conveyed to One Community Church, by deed of record in Document Number 2024000046807 of the Official Public Records of Collin County, Texas; and WHEREAS, the owners of the Annexation Tract have executed a conditional written agreement regarding municipal services to be provided by the City in accordance with Texas Local Government Code § 43.0672 (the "Conditional Agreement") and said agreement is as set forth in EXHIBIT A, attached hereto; and WHEREAS, the Conditional Agreement is conditioned on the City of Anna City Council (the "City Council") adopting an ordinance annexing the Annexation Tract described above on or before the 28th day of January 2025 and if the City Council does not adopt such ordinances on or before said date then the Conditional Agreement shall be null and void in its entirety; and WHEREAS, the City desires to adopt and enter into the Conditional Agreement; provided, however, that the Conditional Agreement shall not require the City Council to annex the Annexation Tract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF ANNA, TEXAS: SECTION 1. The recitals set forth above are hereby incorporated in this resolution as if set forth in full for all purposes. SECTION 2. The City Council hereby approves and enters into the Conditional Agreement and authorizes the City Manager to execute said agreement on behalf of the City. City of Anna, Texas Resolution No... o a 5 -o) - 17.2 ? Page 1 of 2 SECTION 3. This resolution shall become effective immediately upon the date and time of its adoption and it is accordingly so resolved. PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THIS THE 28TH DAY OF JANUARY 2025. CITY OF ANNA, TEXAS PETE CAIN MAYOR ATTEST: c - CARRIE L. LAND CITY SECRETARY City of Anna, Texas Resolution No. j al S -a 1 - I ya ? Page 2 of 2 AGREEMENT REGARDING SERVICES This Agreement Regarding Services (this "Agreement" or "Service Plan") is entered into this 28th day of January, 2025 by and between One Community Church and the City of Anna, Texas a home rule municipality. SUBJECT PROPERTY The real property that is the subject of this Service Plan is described as follows: One Community Church. 4.9± acres on the east side of S. Central Expressway (U.S. Highway 75) 484± feet north of W. Outer Loop Road. AGREEMENT CONDITIONED ON ANNEXATION This Agreement is conditioned on the City of Anna City Council adopting an ordinance annexing the Subject Property described above. Nothing in this Agreement shall require the City Council to annex the Subject Property. 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 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. Page 1 of 6 SOLID WASTE COLLECTION On the effective date of annexation, the City of Anna, Texas, through its contract with CARDS Dallas, Inc. 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. Solid waste collection through a subscription with the City's solid waste franchisee is mandatory for City of Anna residents and businesses operating within the city limits unless provided for otherwise by ordinance. 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 main water transmission and wastewater collection lines. All water and wastewater service lines from the building to the easement or right-of-way line, 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 landowner 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. 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 Page 2 of 6 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. 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 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. To the extent that it becomes necessary because of development demands population growth or a bona fide need, the City Council of the City of Anna, Texas will undertake to provide any such facility which it deems necessary to adequately provide for the health and safety of the citizens of the newly incorporated area based upon the standard considerations of topography, land use and population density. 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. In addition, the City will provide other municipal services that the City may from time to time provide to other similarly situated areas within the City's corporate limits. The services referenced in this paragraph 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 may be necessary to acquire or construct specific capital improvements for the purposes of providing full municipal services to the newly annexed area. These capital improvements shall be constructed as part of the development of the property and may be eligible for impact fee reimbursement. Subject to the foregoing, the City Council finds and determines that it has Page 3 of 6 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 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 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 contract 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. 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 6 Owner: One Community Church, a Texas nonprofit corporation By: One Community Church, a Texas nonprofit corporation Title: Signature: Printed Name: Title: STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the day of 2025 by on behalf of said company. Notary Public, State of Texas Page 5 of 6 Westwood LEGAL DESCRIPTION ZONING & ANNEXATION EXHIBIT ONE COMMUNITY CHURCH — 4.90 ACRES ROBERT JOHNSON SURVEY, ABSTRACT NO. 479 COLLIN COUNTY, TEXAS BEING a 4.90 acre tract of land situated in the Robert Johnson Survey, Abstract No. 479, Collin County, Texas, and being all of a 4.90 acre tract of land conveyed to One Community Church, by deed of record in Document Number 2024000046807 of the Official Public Records of Collin County, Texas; said 4.90 acre tract being more particularly described as follows: BEGINNING at a 3/8" iron rod found at the northeast corner of said 4.90 acre tract; THENCE South 00 degrees 16 minutes 17 seconds East, with the east line of said 4.90 acre tract, a distance of 107.88 feet to a 1/2" iron rod with a cap stamped "CBG" found; THENCE South 00 degrees 20 minutes 54 seconds East, continuing along said east line, a distance of 1,031.19 feet to a 5/8" iron rod with a cap stamped "CLSC" found at the southeast corner of said 4.90 acre tract; THENCE North 41 degrees 30 minutes 03 seconds West, along the southwesterly line of said 4.90 acre tract, a distance of 194.44 feet to a 5/8" iron rod with a cap stamped "CLSC' found at an angle point; THENCE South 88 degrees 36 minutes 09 seconds West, a distance of 58.41 feet to the southeast corner of a 9.81 acre tract of land conveyed to One Community Church by deed of record in Document Number 2024000066066 of the Official Public Records of Collin County, Texas, and being at a southwest corner of said 4.90 acre tract; THENCE North 00 degrees 34 minutes 34 seconds West, along the common line between said 4.90 acre tract and said 9.81 acre tract, a distance of 958.76 feet to a 5/8 iron rod found with a cap found at a re-entrant corner; THENCE North 89 degrees 02 minutes 46 seconds West, continuing along said common line, a distance of 421.56 feet to the southwest corner of said 4.90 acre tract, and being the northwest corner of said 9.81 acre tract, said point being in the east right-of-way line of U.S. Highway 75, a variable width right-of-way; THENCE North 04 degrees 52 minutes 22 seconds East, departing said common line, along said east right-of-way of U.S. 75, a distance of 38.71 feet to the northwest corner of said 4.90 acre tract; THENCE departing said east right -of -ay line of U.S. Highway 75, along the north line of said 4.90 acre tract the following courses and distances: South 89 degrees 17 minutes 37 seconds East, a distance of 340.00 feet to an angle point; South 88 degrees 55 minutes 57 seconds East, a distance of 258.41 feet to an angle point; South 87 degrees 28 minutes 01 second East, a distance of 9.98 feet to the POINT -OF -BEGINNING, containing 213,423 square feet or 4.90 acres of land. Bearings for this description cited are based on Grid North State Plane Coordinate System, Texas North Central Zone 4202, North American Datum of 1983. Adjustment Realization (CORS 96). An exhibit of even date accompanies this description. Page 1 of 2 © 2024 Westwood Professional Services, Inc. LEGEND O.P.R.C.C.T. OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS D.R.C.C.T. DEED RECORDS, COLLIN COUNTY, TEXAS ` DOC. DOCUMENT NUMBER CAB. PG. CABINET, PAGE M.D. MONUMENTS OF RECORD DIGNITY MON. FND. MONUMENT FOUND LOT 32 IRF IRON ROD FOUND CIRF CAPPED IRON ROD FOUND I LOT 38 WOODLAND MEADOWS LOT 37 CAB. C, PG. 713 3/8"IRF S89°17'37"E O.P.R.C.CT S88°55'57"E 38 71 ' 340.00' 258.41 ' N04 °52'22 "E 421.56' 1 5/8" CIRF- L2 N89 °02'46"W 213,423 sq. ft. 4.900 acres yo Q =00 3 TX -DOT MON. FND. QC ��\ Z)O� �1 TX -DOT MON. FND. M Ln Uw a o - 9.81 ACRES e} Uti oU Q z O Q Lu 01 qp ONE COMMUNITY CHURCH, A TEXAS NON-PROFIT C z o Z ni v Q N (� \. Co h DOC 2024000066066 O O X U VLQ O.P.R.CC.T.S Jay Z O R O A�9 O LA O5p � C� M �ypOE PgSo� n 2 r- Z o0R RPp( O E( PB89a SJR �AO I 1/2"CIRF CAP DESTROYED -� L1 TX -DOT MON. FND. 518" CIRF "CLSC" CALLED 4.3905 ACRES 2�> oQ ANNA KSH FARMS LLC �' 'rr DOC. 20220318000438700 �o �' O.P.R.C.C.T. Line Table Line # Length Direction L1 58.41 S88°36'09"W L2 9.98 S87°28'07 "E This exhibit and the description attached were prepared using record documents. No field work was collected or monumentation verified on the ground. O W Ln 0 N 0 Ln 0' 200' 400' P.O.B. 3/8"IRF (M.D.) -112" IRF f 107.88' S00 ° 16' 17"E -112" CIRF "CBG" LOT 39 WOODLAND MEADOWS CAB. C, PG. 773 O.P.R.C.CT wi3rII] WOODLAND MEADOWS CAB. C, PG. 713 O.P.R.C.C.T 518" CIRF "CLSC" 112" IRF ZONING & ANNEXATION EXHIBIT 4.90 ACRES BEING ALL OF A 4.90 ACRE TRACT OF LAND LOCATED IN THE THE ROBERT JOHNSON SURVEY ABSTRACT NO. 479 COLLIN COUNTY, TEXAS ANNA, TEXAS Le DATE: 1 NO. 2 OF 2 Zoning & Annexation Exhibit One Community Church-14.708 Acres Zoning (Zone 24-0002) ~; r [ f�i is ly; >.� • 'l •� +1.�' r. i�,:`� � .t r r J.rt` `-1} � � .' / t--�� i�.�'�wC•?�.. �1[ Q - � • , � .�+ df .. rS 1,•.r "�.t .il.: � 7r •...� ^�� j + •t'I a11� ,[ ' • .. ,F _ .+ h,.I"+ r fix• �k�- � {• .,� '',<� S - ` .:,� � '�, A • Y• i * f t♦ ti may, • . �•+♦ _ , _ ^ ` �.. �. inset Map' . THE CITY OF N ;�..� LI. * i ��,•�1 e:'5� Subject 1 City Limits _ J �.. Q�o.i o o . i _ . Property ♦�1�1 xJ'P •y w �t 1� �X�? - �_— � 200' Notice � Boundary 4 `' �' '' ' ' `� �► 0 250 500 1,000 ii r . Feet December 2024