HomeMy WebLinkAboutRes 2025-02-1743 Conditional Agreement Regarding Services for Sherley FarmsCITY OF ANNA, TEXAS
RESOLE?TION NO. zo z 5- o z- fh 4 3
A RESOLUTION ADOPTING A CONDITIONAL AGREEMENT REGARDING
SERVICES RELATED TO ANNE3LaTION OF A 1,127.6± 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 1.127.6± acre tract of land situated in the G. Morrison
Suli°ey, Abstract No. 559. the S. Moore Survey, Abstract No. 625. the J. Fisher Survey. Abstract
No. 305. and the J. Farris Survey. Abstract No. 330. Collin County. Texas, and being part of Tracts
1.1. 1.2. 1.3, 1.4. all of Tract 1.6. recorded in Volume 44661, Page 153, Deed Records, Collin
County, Texas (DRCCT), and part of Tracts 1.1. 1.2, 1.3. and 1.4. recorded in Volume 4466. Page
201. Deed Records, Collin County. Texas, and all of Tract 1.2, recorded in Volume 4466, Page
201, Deed Records, Collin County, Texas, and being part of Tract 1.7, recorded in Volume 4466,
Page 153. Deed Records, Collin County, Texas, and part of Tracts 1.5 and 1.6. recorded in Volume
4466, Page 183, Deed Records, Collin County, Texas, and all of Tract 1.1. recorded in Volume
4466, Page 201. Deed Records. 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 Aria 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:
City of Alma. Texas Resolution No. 17 y 3 Page 1 of 2
SECTION 1. The recitals set forth above are hereby incorporated in this resolution as if set forth
in hill 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.
SECTION 3. Tills resolution shall become effective inuiiediately 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 FEBRI :CRY 2025.
CITY OF ANNA, TEXAS
C. --
PETE CAIN
MAYOR
ATTEST:
CITY SECRETARY
City of Anna, Texas Resolution No. 1 i 4 3 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 Sherley Partners, Ltd 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:
Sherley Farms. 1,127.6± acres on the north and south sides of E. Rosamond Parkway
(FM 2862), 980± feet east of N. Leonard Avenue (CR 425).
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
Owners :
Sherley Partners, Ltd,
a Texas Domestic Limited Partnership
By: Sherley Partners, Ltd,
a Texas Domestic Limited Partnership
Its Partner
By:
Name
Title:
STATE OF TEXAS
COUNTY OF DALLAS
Tasha Escoto
Partner
This instrument was acknowledged before me on the day of
2025 by Tasha Escoto as Partner of Sherley Partners, Ltd, on behalf of said company.
Notary Public, State of Texas
Tellus Texas III, LLC,
a Texas Limited Liability Company
By: Tellus-Anna, LLC, a Texas Limited Liability Company and manager of
Tellus Texas III, LLC, a Texas Limited Liability Company
Its Manager
By:
Name
Title:
David Blom
Manager
Page 5 of 6
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the day of
2025 by David Blom as Manager of Tellus-Anna, LLC, on behalf of said company.
Notary Public, State of Texas
City of Anna:
By:
Name
Title:
Ryan Henderson
City Manager
IN WITNESS WHEROF:
STATE OF TEXAS §
COUNTY OF COLLIN §
This instrument was acknowledged before me on the day of 2024, by
Ryan Henderson as representative of the City of Anna.
Notary Public, State of Texas
[SEAL]
Page 6 of 6
SHERLEY FARMS SOUTH TRACT
LEGAL DESCRIPTION
970.482 ACRES
BEING a tract of land situated in the G. Morrison Survey, Abstract No. 559, the S. Moore Survey, Abstract
No. 625, and the J. Fisher Survey, Abstract No. 305, in Collin County, Texas, being part of Tracts 1.1, 1.2,
1.3, 1.4, all of Tract 1.6, recorded in Volume 4466, Page 153, Deed Records, Collin County, Texas (DRCCT),
and part of Tracts 1.1, 1.2, 1.3, and 1.4, recorded in Volume 4466, Page 183 DRCCT, and all of Tract 1.2,
recorded in Volume 4466, Page 201 DRCCT, with the subject tract being more particularly described as
follows:
BEGINNING at a 1/2" iron rod found on the north line of Farm to Market Road 455, a variable width public
right-of-way, for the southeast corner of a tract conveyed to Timothy P. Adams and Patricia S. Adams,
recorded in Document No. 20170117000070510, Official Public Records, Collin County, Texas (OPRCCT);
THENCE N 00°40'51" E, along the east line of said Adams tract, passing at 19.16 feet a 5/8" iron rod with
plastic cap found for witness, continuing a total distance of 321.14 feet to a 1/2" iron rod found;
THENCE N 01°18'15" E, 307.48 feet continuing along the east line thereof to a 1/2" iron rod with plastic
cap found for the southeast corner of a tract conveyed to Wilcox Anna Properties, LLC, recorded in
Document No. 20090225000210920 OPRCCT;
THENCE N 01°02'30" E, 904.66 feet along the east line thereof, and of an east line of a tract conveyed to
City of Anna recorded in Volume 5961, Page 7136 DRCCT, to a 1/2" iron rod with plastic cap stamped
"SPIARSENG" set for the southeast corner of "The Town Farm" First Tract, conveyed to MJLA Adams, Ltd.,
recorded in Document No. 20110505000462590 OPRCCT;
THENCE N 00°S6'20" E, 1597.53 feet along the east line of said MJLA Adams tract to a 1/2" iron rod with
plastic cap stamped "SPIARSENG" set for the northeast corner thereof;
THENCE N 87°10'06" W, 281.88 feet along the north line of said MJLA Adams tract to a 3/8" iron rod found
for the southeast corner of a tract conveyed to Equity Trust Company Custodian FBO Raj Kakarlapudi IRA
and NKS Estates, LLC, recorded in Document No. 20210628001299290 OPRCCT;
THENCE N 02°29'42" E, 2152.51 feet along the east line thereof to a 3/8" iron rod found on the east line
of Farm to Market Road 2862, a 90-foot-wide public right-of-way;
THENCE along the east line thereof, around a non -tangent curve to the left having a central angle of
20°03'34", a radius of 363.31 feet, a chord of N 12°39'47" E - 126.55 feet, an arc length of 127.20 feet;
THENCE N 02°38'00" E, 324.15 feet continuing along the east line of said right-of-way to a 1/2" iron rod
with plastic cap found for the southwest corner of a tract conveyed to Anna Independent School District,
recorded in Volume 5816, Page 2962 DRCCT;
THENCE S 88°36'00" E, 946.63 feet along the south line thereof;
THENCE N 01°24'00" E, 946.63 feet along the east line of said Anna ISD tract to the intersection thereof
with the south line of Farm to Market Road 2862;
THENCE along the south line thereof, the following:
S 88-36-00" E, 1840.60 feet;
S 87-35-00" E, 950.82 feet;
S 87°54'00" E, 852.06 feet;
S 88-23-00" E, 1005.18 feet;
And a tangent curve to the left having a central angle of 61°39'58", a radius of 363.31 feet, a chord of N
60°47'01" E - 372.42 feet, an arc length of 391.02 feet to a 1/2" iron rod with plastic cap stamped
"SPIARSENG" set for a westerly corner of a tract conveyed to Larry Kropman Bennett and Jill Rae Bennett,
recorded in Volume 1718, Page 193 DRCCT, and from which a 5/8" iron rod with plastic cap found bears
N 17°37'19" E, 154.65 feet (a chord bearing and distance);
THENCE S 02"42'15" W, 147.06 feet along the west line of said Bennett tract to a 1/2" iron rod with plastic
cap stamped "SPIARSENG" set;
THENCE S 88'34'52" E, along the south line of said Bennett tract, passing at 317.47 feet a 3/8" iron rod
found for the southwest corner of a tract conveyed to the Nagamanohar Javvaji and Chaya Javvaji Living
Trust, recorded in Document No. 20160209000150410 OPRCCT, continuing a total distance of 1164.17
feet to a 1/2" iron rod found for the southeast corner thereof;
THENCE N 01°54'20" W, 404.61 feet along the east line thereof to a 1/2" iron rod with plastic cap found
for the southwest corner of a tract conveyed to Jacob Knettel and Alexandra T. Knettel, recorded in
Document No. 20160902001176800 OPRCCT;
THENCE N 88°51'58" E, 711.14 feet along the south line thereof to a 1/2'' iron rod with plastic cap found
for the upper southwest corner of a tract conveyed to Bobby R. Beall and Mary Reloa Beall, Trustees of
the Beall Family Living Trust, recorded in Volume 5842, Page 1374 DRCCT;
THENCE N 89°53'22" E, 543.59 feet along the upper south line thereof to a fence post found;
THENCE S 00°43'46" W, 1256.27 feet along a westerly line of said Beall tract to a 1/2" iron rod found for
a northwesterly corner of a tract conveyed to JDI Investors, LP, recorded in Document No.
20141016001133750 OPRCCT;
THENCE S 00°27'02" W, 1121.81 feet, generally along a fence and along a westerly line of said JDI tract to
a fence post found;
THENCE N 89°10'40" W, 1167.05 feet, generally along a fence and along a southerly line of said JDI tract
to a fence post found;
THENCE S 00°10'31" E, 1608.22 feet, generally along a fence and along a westerly line of said JDI tract to
a 1/2" iron rod found for the northeast corner of a tract conveyed to WKG Enterprises, Ltd., recorded in
Volume 4478, Page 2546 DRCCT;
THENCE N 88°26'32" W, 1013.41 feet along the north line thereof to a 1/2" iron rod found for the
northeast corner of a tract conveyed to Miles and Bobbi Martin, recorded in Document No.
20220331000521330 OPRCCT;
THENCE N 88°01'21" W, 524.66 feet along the north line thereof to a 1/2" iron rod with plastic cap
stamped "SPIARSENG" set;
THENCE N 87°54'42" W, continuing along the north line of said Martin tract, passing at 261.79 feet a 3/4"
iron pipe found for the northeast corner of a tract conveyed to Zen Assets LLC, recorded in Document No.
2022000142528 OPRCCT, and continuing along the north line thereof a total distance of 523.20 feet to a
1/2" iron rod with plastic cap stamped "SPIARSENG" set;
THENCE S 00°57'28" W, 2078.20 feet along the west line thereof to a 1/2" iron rod found for the southwest
corner of said Zen Assets tract, being a bend point in County Road 424, a public road,
THENCE S 00°31'42" E, 913.32 feet along said road to a 60d nail found for a bend point thereof;
THENCE N 88°34'43" W, 435.86 feet continuing along said road to a point for the intersection of County
Road 424 with the north line of Farm to Market Road 455;
THENCE along the north line of said right-of-way, the following:.
N 00-51'24" E, 46.08 feet to a wood highway monument;
N 89°08'36" W, 1080.65 feet to a wood highway monument;
A tangent curve to the left having a central angle of 03°40'00", a radius of 5774.58 feet, a chord of S
89`01'24" W - 369.48 feet, an arc length of 369.55 feet to a 1/2" iron rod with plastic cap stamped
"SPIARSENG" set;
N 02°48'36" W, 5.00 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
S 87`11-24" W, 1677.79 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
S 88-35-24" W, 857.61 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
S 87-45-48" W, 346.50 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
And S 88°35'24" W, 209.16 feet to the POINT OF BEGINNING with the subject tract containing 42,274,206
square feet or 970.482 acres of land.
SHERLEY FARMS NORTH TRACT
LEGAL DESCRIPTION
153.110 ACRES
BEING a tract of land situated in the J. Farris Survey, Abstract No. 330, and the S. Moore Survey, Abstract
No. 625, in Collin County, Texas, being part of Tract 1.7, recorded in Volume 4466, Page 153, Deed
Records, Collin County, Texas (DRCCT), and part of Tracts 1.5 and 1.6, recorded in Volume 4466, Page 183
DRCCT, and all of Tract 1.1, recorded in Volume 4466, Page 201 DRCCT, with the subject tract being more
particularly described as follows:
BEGINNING at a 1/2" iron rod with plastic cap stamped "SPIARSENG" set on the north line of Farm to
Market Road 2862, a called 90-foot-wide right-of-way, for the southeast corner of the "First Tract"
conveyed to Daniel W. Koen and Sue Ann Burleson-Koen, recorded in Document No. 93-0107055 DRCCT,
from which a 1/2" iron rod found bears N 88°36'00" W, 1326.83 feet;
THENCE N 01°09'20" E, 958.23 feet along the common line thereof to a fence post found for a southwest
corner of a tract conveyed to 3Mc Joint Venture, recorded in Volume 3670, Page 174 DRCCT;
THENCE along the common line thereof the following:
S 8743"06" E, 1297.37 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
N 01"31'00" E, 90.36 feet to a point on the bank of a reservoir;
N 01°23'00" E, 892.67 feet to a point on the bank of a reservoir;
N 00°54'00" E, 297.22 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
And N 01°19'00" E, passing at 346.16 feet a 1/2" iron rod found for witness, being on the south line of
County Road 427, a public road, continuing into said road a total distance of 363.52 feet to a point for
corner;
THENCE S 88°36'15" E, 2111.97 feet along said road to a point for corner being the northwest corner of a
tract conveyed to Tina Trimbur, recorded in Volume 5570, Page 1829 DRCCT;
THENCE S 01°46'06" W, 515.24 feet along the west line thereof to a 1/2'' iron rod found for the northwest
corner of a tract conveyed to Todd O'Brien Hannan and Kimberly Michele Hannan, co -trustees of the TKSL
Tattoo Revocable Trust, recorded in Document No. 20210422000816440, Official Public Records, Collin
County, Texas;
THENCE along the west line thereof, the following:
S 02°08'00" W, 125.96 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
S 01°43'00" W, S89.97 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
S 01-36-00" W, 319.63 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
And S 01°07'00" W, 163.58 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set on the north
line of Farm to Market Road 2862, and from which a 1" iron rod found bears S 71°47'28" W, 1.15 feet;
THENCE along the north line of said Farm to Market Road, the following:
A non -tangent curve to the left having a central angle of 29n26'09", a radius of 363.31 feet, a chord of S
15"56'04" W - 184.61 feet, an arc length of 186.65 feet to a 1/2" iron rod with plastic cap stamped
"SPIARSENG" set;
S 01°13'00" W, 446.03 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
A tangent curve to the right having a central angle of 90°24'00", a radius of 273.31 feet, a chord of S
46°25'00" W - 387.87 feet, an arc length of 431.22 feet to a 1/2" iron rod with plastic cap stamped
"SPIARSENG" set;
N 88°23'00" W, 1004.80 feet to a 1/2'' iron rod with plastic cap stamped "SPIARSENG" set;
N 87°54'00" W, 851.44 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
N 87°35'00" W, 951.37 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
And N 88"36'00" W, 266.77 feet to the POINT OF BEGINNING with the subject tract containing 6,669,493
square feet or 153.110 acres of land.
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