HomeMy WebLinkAboutOrd 1046-2023-06 Annexing 2.533± Acres (Sherley Commercial) RECORDEDCITY OF ANNA, TEXAS
ORDINANCE NO. 16 4 (o - .2O �L 3 - U Co
AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO
THE CITY OF ANNA, COLLIN COUNTY, TEXAS, AND EXTENDING THE
BOUNDARY LIMITS OF SAID MLNICIPALITY SO AS TO INCLUDE SAID
HEREINAFTER DESCRIBED PROPERTY WITHIN'SAID SAID MUNICIPAL CORPORATE
LIMITS AND GRANTING TO ALL THE INHABITANTS OF SAID PROPERTY ALL
THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID
INHABITANTS BY ALL OF THE ACTS, ORDINANCES, RESOLUTIONS, AND
REGULATIONS OF SAID CITY AS SET FORTH HEREIN; PROVIDING A REPEALER
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
IVHERE AS, 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. the procedures prescribed by the Texas Local Government Code and the laws of this
state have been duly followed with respect to the City's annexation of following described
territory, to wit: a 2.533± acre tract of land situated m the John Ellet Survey, Abstract Number 296
and the W. Rattan Survey, Abstract Number 752, Collin County, Texas, being a portion of that
tract of land described in deed as Tract 1 to MM Anna 325, LLC recorded in Instrument Number
20190411000386110 of the Official Public Records, Collin County, Texas; and
WHEREAS, the land being annexed under this ordinance (the "Annexation Tract") is described
more specifically in EXHIBIT A, attached hereto; and
WHEREAS, the Annexation Tract is wholly located with the City's extraterritorial jurisdiction;
and
WHEREAS, on or about May 15, 2023, the respective owner of the Annexation Tract submitted
a written request to the City for annexation of said tract into the corporate limits of the City and
the City and said owners have entered into a written agreement regarding municipal services to be
provided by the City in accordance with Texas Local Govenuizent Code § 43.0672 and said written
agreement is as set forth in EXHIBIT B. attached hereto; and
WHEREAS, the City timely published notice and held a public hearing on this annexation at a
duly noticed public meeting in accordance with the laws of this state;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS:
City of Anna, Texas Ordinance No. Ioy(P - 20 23 -0(o Page 1 of 2
SECTION 1. The recitals set forth above are hereby incorporated in this ordinance as if set forth
in full for all purposes.
SECTION 2. The Annexation Tract is hereby annexed into the corporate boundary limits of the
City of Anna, Collin County, Texas, and that said corporate boundary limits of the City of Anna
be and the same are hereby extended to include the above described territory within the corporate
limits of the City, and the same shall hereafter be included within the territorial limits of the City,
and the inhabitants thereof shall hereafter as set forth be entitled to all the rights and privileges of
other similarly situated citizens of the City of Anna and they shall be bound by the acts, ordinances,
resolutions, regulations and all other legal acts of said city.
SECTION 3. The official map and boundaries of the City of Anna are hereby amended and revised
so as to include the area annexed, and to reflect the expansion of the City's extraterritorial
jurisdiction resulting from such annexation and the City Manager is directed to take all actions
necessary to make said changes to the official boundary map of the City.
SECTION 4. The City Secretary is hereby directed to file a certified copy of this ordinance and
the amended official boundary map referenced in Section 3 with the with the County Clerk of
Collin, Texas and the Texas Comptroller's Office.
SECTION 5. It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs and sections of this ordinance be severable, and if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect
any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, and the
remainder of this ordinance shall be enforced as written.
SECTION 6. All ordinances and parts thereof in conflict herewith are hereby expressly repealed
insofar as they conflict herewith.
SECTION 7. This ordinance shall become effective immediately upon the date and time of its
adoption and it is accordingly so ordained.
PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS, THIS THE 13TH DAY OF JLTNE g�_ _
OF
ATTEST:
C.ARRIE L.
, MAYOR
Cite of Aiuna. Texas Ordinance No. 1014G — .G2-3 — 0(o Pa�Te 2 of 2
Exhibit A
FirING that crrtairl trar_.t of land sittt;a;cd io. die John Elltzt Survey,. Abstract Nurnbcr 296 and the W.
Rnnart Survcy, Abgaacr Nambet 7S2, Co}11ut Counq—, Trtxas, brim a portion of that tract of land
descr-bod in deed as Tract 1 to NUM Anna 32.5, ILLC recorded in Instmment Nun ber
20190,111000386110 of the Official Public Records of Collin f Quaty, Texis. (0T.R.C.C.7.'.) and bcin2,
more parr-aolailp described I,y nicie s and brjourttlsa4 follows:
BEGIN''tTING at a 5/9 inch iron rod cap srampcd "P'cloton" found for d:c nt,rihwc;tit corner ci E that
ccrtaiu m, a of laud descrilmd in deed to BFB ANA 40 Acres, LLC rccor_dcd to Instruttwilt Nllmlxr
20190-1120M390800 anii the svuth-%-VC�5t e«sner of that certain tract of land to Sheikh M. Alam recorded
in Inst-n=cnt Number 1999012{lO O074-010 of said O.P.R,,C.t'-T-
MI?:'tiC.F, S (go 14' 58!' E,'285.02 feet ro a 5/8 inch iron rod with Car tit-arn cd "Moton" fund and
dic beginning of curve. to the right;
THENCE ixith said curve to the right, haling; an arc distance 277.01 fort, rhrough a cethtral angle of
38'° 31' 54 ", having:a mdiuc of 411.91 fcct, the long chotd -which bears S 15' 00' 59" W, 271.E+2 five to
a 5/8 inch iron rod %- rh cap stamped "Peloion" seet,,
THENCE S 34' 'lfi' 5G" %V, 286.(13 frier to a 1 /2 inch iron rod found;
T! il3NCE- 5 05" 15' 1:9" Nil, 277S7 feet tO a 5/9 inch iron) rtxi uhtli cap stamped `T}elui.ort" sct and
the beginning of a I;IIrva- try thr_ right;
THENCE with ;dd curve. to tht right, having :an arc dilstiace of 413.61 feet, thrrrugh a rcnrr€ I art&ie
of 28Q 10 00", having a radius of 960.C1{.1 feet, r he lotV rhr►td -vhicli bear, N 0 P .35' 017" E, 468.82 feet
to a 5,(S inch iron rod with mp sttimped "Velttton" set;
"!'HENCE N 156 43' 0-i"' E, 512.37 fort to a inch iron rod witlt cap stamped "Peloton" set and
the beginnisag of a curvc to the left;
THENCE wins said curve to the left, ha+"irtg 3n arc (b.5tancC of 99,55 feet, through a central ankle -of
01' 42' 13", ha4-ing a radius of 1.540,CR7 feet, the long chutd which I)csrs \ 1 ' .52" 00" E, 99.53 feet
to a 5/8 inch iron rod with cap st.unped `'1'rJorort" sct;
THENCE N 880 44' 00" E, 60.25 feet to the POINT' OF BF.CrINN and containing 2-533 acres
or 1111,34E squate feet trrorrc or ]es4.
o s��
EXHIBIT B
AGREEMENT REGARDING SERVICES
This Agreement Regarding Services (this "Agreement" or "Service Plan") is entered into
this 13th day of June, 2023 by and between Mantua 30 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 Commercial Annex. 2.5± acres east side of future N. Standridge Boulevard, 705±
feet south of W 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.
UAL, �l►LB -NAMUK
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
After recording return to:
City Secretary
City of Anna
120 W. 7th Street
Anna, TX 75409
Owner.
Mantua 30 Partners, Ltd., a Texas Limited Partnership
By: Golden Corridor Investors, Ltd.,
a Texas limited liability company
Its general partner
By: L., iw-'
Name: Gail Peyton
Title: Manager
STATE OF TEXAS §
COUNTY OF COLLIN §
This instrument was acknowledged before me on the 3 % day of M —„
2023 by 6— k ?- y t°- as Manager of Mantua 30 Partners Ltd., a Texas Limited
Partnership on behalf of said company.
-------------
atc►ww PEWI u K"ELoe A
NOTARY PUBLIC
°t•# IOt 1149
of exas
.' Comm. E . 08.11.2026
City of Anna:
By: A40
Name: Ayan Henderson
Title: Interim City Manager
IN WITNESS WHEROF:
STATE OF TEXAS §
COUNTY OF COLLIN §
Notary Public, State of Texas
This instrument was acknowledged before me on the M day of ,Jun,.P-2023, by
Ryan Henderson as representative of the City of Anna.
(::'Notary Public, State of Texas
JEOVANNA RUBIO
`ebc Notary Public, State of Texas [SEAL]
Comm. Expires 10-03-2026
.... t�
Notary ID 133995676
Page 5 of 5
Collin County
Honorable Stacey Kemp
Collin County Clerk
*VG-1 5-2025-2025000042234*
Instrument Number: 2025000042234
Real Property
ORDINANCE/ANNEXATION
Recorded On: April 09, 2025 12:40 PM Number of Pages: 10
" Examined and Charged as Follows: "
Total Recording: $57.00
*********** THIS PAGE IS PART OF THE INSTRUMENT ***********
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information:
Document Number:
Receipt Number:
Recorded Date/Time:
User:
Station:
2025000042234
20250409000440
April 09, 2025 12:40 PM
Dwayne K
Workstation cck165
Record and Return To:
CITY OF ANNA
120 W 7TH ST
ANNA TX 75409
STATE OF TEXAS
Collin County
I hereby certify that this Instrument was filed in the File Number sequence on the date/time
printed hereon, and was duly recorded in the Official Public Records of Collin County, Texas
Honorable Stacey Kemp
Collin County Clerk
Collin County, TX
r
GLENN HEGAR TEXAS COMPTROLLER Or PUBLIC ACCOUNTS
P.O. Box 13528 Austin, TX 78711-3528
August 16, 2023
Ms. Carrie L. Land
City Secretary
City of Anna
PO Box 776
Anna, TX 75409-0776
Dear Ms. Land:
We have received Anna annexation ordinance nos. 1046-2023-06, 1053-2023-06, 1056-2023-06,
and the maps indicating the property annexed into the City of Anna.
City sales and use tax will become effective October 1, 2023 in the annexed area as indicated on
the maps.
If you have any questions or need more information, please call me toll free at 1-800-531-5441,
ext. 51907. My direct number is 512-475-1907.
Sincerely,
Josh Hastie
Revenue Accounting Division
Tax Allocation Section