HomeMy WebLinkAboutOrd 1134-2025-02 Annexing 4.890 Acres (Public Storage) RECORDEDCITY OF ANNA, TEXAS
ORDINANCE NO. 113y- ZoZ5 - 0 7-
AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO
THE CITY OF ANNA, COLLIN COLTNTY, TEXAS, AND EXTENDING THE
BOUNDARY LIMITS OF SAID _ItTNICIPALITY SO AS TO INCLUDE SAID
HEREINAFTER DESCRIBED PROPERTY WITHIN SAID MTTNICIPAL 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
REGtTLATIONS OF SAID CITY AS SET FORTH HEREIN; PROVIDING A REPEALER
CLAUSE; PROVIDING A SEN'ERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
«'HEREAS, Chapter 43 of the Texas Local Government Code authorizes the annexation of
territory, subject to the laws of this state: and
NVHEREAS, 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 oNvner(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 anmexation of following described
territory. to wit: a 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
N�%arranty Deed to Anna Area LLC, recorded in Instnunent Number 2024000122982, Official
Public Records of Collin County. Texas (O.P.R.C.C.T.); and
WHEREAS. the land being annexed under this ordinance (the "Annexation Tract") is described
and depicted 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 January 8. 202the 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 Government 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 Aiura. Texas Ordinance No. 113y Paae 1 of 2
SECTION 1. The recitals set forth above are hereby incorporated in this ordinance as if set forth
in hill for all purposes.
SECTION 2. The Annexation Tract is hereby annexed into the corporate boundary limits of the
City of Amla, Collin County, Texas, and that said corporate boundary limits of the City of Acura
be and the same are hereby extended to include the above described territory within the corporate
linuts 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 inunediately 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,
TEAS, THIS THE 25TH DAY OF FEBRL :CRY 2025.
CITY OF A\1?A, TEXAS
ATTEST:
CARRIE L. LAND, tITY SECRETARY
City of Anna. Texas Ordinance No. 1 134 Page 2 of 2
EXHIBIT A
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.RR.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 atthe
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.RR.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)'
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THE CITY OF "
manna A
Subject _ : City Limits
Property
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0 100 200 400
Feet
February 2025
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
Area Anna, LLC,
a Texas Domestic Limited -Liability Corporation
Its Presider
By:
Nam
Title. -
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the �/"d day of AN
2025 by Ryan Jordan as Manager of Area Anna, LLC, on behalf of said com any.
Claire Joy Gregory
i
My Co 114f/2026 Expires
Notary ID
Notaj, .- I _- I— I.- - f T M%Msr�"
City of Anna:
By:
Name
Title:
Ryan Henderson
City Manager
IN WITNESS WHEROF:
S TATE Or TE):AS §
COUNTY OF COLLIN §
This instrument was acknowledged before me on the day of 2025, by
Ryan Henderson as representative of the City of Anna.
Notary Public, State of Texas
[SEAL]
Page 5 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 §
After recording return to:
City Secretary
City of Anna
120 W. 7th Street
Anna, TX 75409
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:
7o
By: w
114
Name: Ryan Henderson
Title: City Manager
IN WITNESS WHEROF:
STATE OF TEXAS §
COUNTY OF COLLIN §
This instrument was acknowledged before me on the ZS day of F6ruac , 202g by
Ryan Henderson as representative of the City of Anna.
Notary Pu lic, t e of Texas
`"r►'''. GRACE KARINA M. DEROSA
[SEAL] �a�*..°
_ 2; Notary Public, State of Texas
Comm. Expires 12-16 2028
•....• +:
oil ,;�`° Notary ID 135204375
Page 5 of 5
� �'llnll S Y*VG-1 5-2025-2025000042231
Collin County
Honorable Stacey Kemp
Collin County Clerk
Instrument Number: 2025000042231
Real Property
ORDINANCE/ANNEXATION
Recorded On: April 09, 2025 12:40 PM Number of Pages: 12
" Examined and Charged as Follows: "
Total Recording: $65.00
*********** 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:
2025000042231
20250409000440
Recorded Date/Time: April 09, 2025 12:40 PM
User:
Station
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
i