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HomeMy WebLinkAboutRes 2025-02-1742 Conditional Agreement Regarding Services for Public StorageCITY OF ANNA, TEXAS RESOLUTION NO. Wz5-cz-17yz. A RESOLUTION ADOPTING A CONDITIONAL AGREEMENT REGARDING SERVICES RELATED TO ANNELXTION OF A 4.9f 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 January S. 2025, 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 John Ellet Survey. Abstract No. 296, City of Anna, Collin County. Texas. and being all of a called 4.890-acre tract of land as described in a Special Warranty Deed to Anna Area LLC, recorded in Instrument Number 2024000122982. Official Public Records of Collin County, Texas (O.P.R.C.C.T.); 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 25th day of February 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 Rill 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. Citv of Anna. Texas Resolution No. I `l `i Z. Pagel 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 25TH DAY OF FEBRL :CRY 2025. CITY OF ANNA, TEXAS PETk CHIN MAYOR ATTEST: CARRIE L. LAND CITY SECRETARY C'in• of .Anna. Texas Resolution No. � `°�g t� �, Page 2 of 2 AGREEMENT REGARDING SERVICES This Agreement Regarding Services (this "Agreement" or "Service Plan") is entered into this 25th day of February 2025 by and between Area Anna, LLC 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: Public Storage. 4.9± acres on the north side of County Road 371 on the east side of Buddy Haves Boulevard, 385± feet south of Rosamond Parkway, 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 5 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 5 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 5 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 5 Owner: Area Anna, LLC. a Texas Domestic Limited -Liability Corporation By: Area Anna, LLC, a Texas Domestic Limited -Liability Corporation Its President By: Name: Ryan Jordan Title: Manager STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the day of 2025 by Ryan Jordan as Manager of Area Anna, LLC, on behalf of said company. Notary Public, State of Texas City of Anna: By: Name: Ryan Henderson Title: City Manager IN WITNESS WHEROF: STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on the ZSrhday of Februoc�, 2029, by Ryan Henderson as representative of the City of Anna. fo�taryy Publi , Sta e of Texas [SEAL] GRACE K A R I N A M. D E R 0 S A %s Notary Public, State of Texas Comm. Expires 12-16-2026 Notary ID 135204375 Page 5 of 5 LEGAL DESCRIPTION — Public Storage, Anna Texas BEING a 4.890-acre tract of land situated in the John Ellet Survey, Abstract No. 296, City of Anna, Collin County, Texas, and being all of a called 4.890-acre tract of land as described in a Special Warranty Deed to Anna Area LLC, recorded in Instrument Number 2024000122982, Official Public Records of Collin County, Texas (O.P.R.C.C.T.), and being more particularly described as follows; BEGINNING a mag nail with shiner stamped "LJA SURVEYING" found in an asphalt road (County Road 370) at the southwest corner of said 4.890-acre tract of land, being at the most westerly northwest corner of a called 61.905-acre tract of land as described in a Special Warranty Deed to Bloomfield Homes, LP, a Texas limited partnership, recorded in Instrument No. 20211220002555410 Official Public Records of Collin County, Texas (O.P.R.C.C.T.), being at the northeast corner of a called 38.15-acre tract of land as described in a Special Warranty Deed to MJLA Adams, LTD., a Texas limited partnership, recorded in Instrument No. 20110505000462590 (O.P.R.C.C.T.) and being at the southeast corner of a called 17.863-acre tract of land as described in a Special Warranty Deed to Anna 18, LLC, a Texas limited liability company, recorded in Instrument No. 20161020001423440 (O.P.R.C.C.T.), from which a 5/8-inch iron rod with cap stamped "LJA SURVEYING" found at the southwest corner of said 61.905-acre tract of land bears South 01 degree 38 minutes 17 seconds East, a distance of 509.25 feet; THENCE North 01 degree 06 minutes 23 seconds West, a distance of 373.21 feet along the west line of said 4.890-acre tract of land, along the east line of said 17.863-acre tract of land and along or near the centerline of County Road 370 to a mag nail with washer stamped "BOHLER ENG." set for corner at the most westerly northwest corner of said 4.890-acre tract of land, from which a mag nail with washer stamped "BOHLER ENG." found at the northwest corner of a called 226.62-acre tract of land as described in a Warranty Deed to QJR Partnership, Ltd., a Texas limited partnership, recorded in Volume 5106, Page 2380, Deed Records of Collin County, Texas (D.R.C.C.T.) and at the southwest corner of a called 275.00-acre tract of land as described in a Special Warranty Deed to D.R. Horton -Texas, LTD, a Texas limited partnership, recorded in Instrument No. 2021021000310470, Official Public Records of Collin County, Texas (O.P.R.C.C.T.), bears North 01 degree 06 minutes 23 seconds West, a distance of 60.00 feet; THENCE North 89 degree 28 minutes 47 seconds East, a distance of 81.71 feet to a one-half inch iron rod with cap stamped "BOHLER ENG" set for corner at an interior angle corner of said 4.890- acre tract of land; THENCE North 00 degree 31 minutes 13 seconds West, a distance of 60.00 feet to a one-half inch iron rod with cap stamped "BOHLER ENG" set at the most northerly northwest corner of said 4.890- acre tract of land and in the south the south line of said 275.00-acre tract of land, from which a mag nail with washer stamped "BOHLER ENG." found at the northwest corner of said 226.62-acre tract of land and at the southwest corner of said 275.00-acre tract of land, bears South 89 degree 28 minutes 47 seconds West, a distance of 82.33 feet THENCE North 89 degrees 28 minutes 47 seconds East, a distance of 422,77 feet along the north line of said 4.890-acre tract of land and along the south line of said 275.00-acre tract to a point for corner at the northeast corner of said 4.890 acre tract of land and at the most northerly northwest corner of said 61.905-acre tract of land, from which a 5/8-inch iron rod with cap stamped "LJA SURVEYING" found bears South 00 degrees 31 minutes 40 seconds East, a distance of 0.45 feet; THENCE South 00 degree 31 minutes 40 seconds East, a distance of 433.38 feet along east line of said 4.890-acre tract of land and along the most northerly west line of said 61.905-acre tract of land to a 5/8-inch iron rod with cap stamped "LJA SURVEYING" found for corner at the southeast corner of said 4.890-acre tract of land; THENCE South 89 degrees 30 minutes 04 seconds West, a distance of 500.72 feet along the south line of said 4.890-acre tract of land and along the north line of said 61.905-acre tract of land to the POINT OF BEGINNING, and CONTAINING 212,983 square feet or 4.890 acres. Public Storage - Annexation (ANX 25-0001) t. Inset Map �• SHS i 46 '■ A r 4 � I �I 75 SH 1z] HAMPTON ST W ROSWdD PKW,Y 1 •r i 41 > ' N THE CITY OF T Subject City Limits Property ETJ 0 100 200 400 Feet February 2025