HomeMy WebLinkAboutRes 2021-08-974 Conditional Agreement Regarding Services to Annexation of a 289.751 Acre Tract of LandCy IIMALIA MI r_wl� : �y
RESOLUTION NO. c 091- Q?w T14
A RESOLUTION ADOPTING A CONDITIONAL AGREEMENT REGARDING
SERVICES RELATED TO ANNEXATION OF A 289.751 ACRE TRACT OF LAND
WHEREAS, Chapter 43 of the Texas Local Government Code authorizes the annexation of
territory, subject to the laws of this states 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 May 5, 2021, 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 289.751 acres of land, more or less, situated in the J.
Kincade Survey, Abstract Number 509, the J. Boyle Survey, Abstract Number 105, the J.
Roberts Survey, Abstract Number 760, the J. Ellet Survey, Abstract Number 296, and the W.
Rattan Survey, Abstract Number 752, Collin County, Texas, being all of that land described in
deed to MM Anna 325, LLC Tract 1 recorded in Instrument Number 20190411000386110 of the
Official Public Records of Collin County, Texas (O.P.R.C.C.T.); and
WHEREAS, the Annexation Tract is described more specifically in EXHIBIT A, attached
hereto; 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 B, 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 24th day of August, 2021 and if the City Council does not adopt such ordinance 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 Anna, Texas Resolution No. �pa�-pg» q�y Page 1 of 2
SECTION 1. The recitals set forth above are hereby incorporated in this resolution as if set forth
in full for all purposes.
SECTION L. 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. 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 24TH DAY OF AUGUST 2021.
CITY OF ANNA, TEXAS
CABBIE L. LAND
CITY SECRETARY
City of Anna, Texas Resolution No. y Page 2 of 2
EXHIBIT A
DESCRIPTION:
BEING that certain tract of land situated in the J. Kincade Survey, Abstract Number 509, the J. Boyle
Survey, Abstract Number 105, the J. Roberts Survey, Abstract Number 760, the J. Ellet Survey, Abstract
Number 296, and the W. Rattan Survey, Abstract Number 752, Collin County, Texas, being all of that
land described in deed to MM Anna 325, LLC Tract 1 recorded in Instrument Number
20190411000386110 of the Official Public Records of Collin County, Texas (O.P.R.C.C.T.) and being more
particularly described by metes and bounds as follows:
BEGINNING at the most southerly southeast corner of said MM Anna 325, LLC Tract 1 and being in the
north line of that tract of land described in deed to CADG Hurricane Creek, LLC Tract 2 recorded in
Instrument Number 201505290000631020 of said O.P.R.C.C.T.;
THENCE N 00° 42' 12" W, 232.26 feet;
THENCE S 88° 18' S0" W, 793.96 feet to the south line of said MM Anna 325, LLC Tract 1 and being in the
northeast corner of said CADG Hurricane Creek LLC (Tract 1);
THENCE along the common line between said MM Anna 325, LLC Tract 1 and said CADG Hurricane Creek
LLC (Tract 1) the following bearings and distances:
S 890 05' 29" W, 1757.67 feet;
S 880 18' 31" W, 742.84 feet;
S 880 59' 33" W, 427.28 feet;
THENCE departing said CADG Hurricane Creek, LLC Tract 1 along the common line between said MM
Anna 325, LLC Tract 1 and that tract of land described in deed to Blue Spruce L.P. recorded in Instrument
Number 19940826000793830 of the O.P.R.C.C.T. the following bearings and distances:
N 610 49' 20" E, 205.61 feet;
N 190 24' 17" E, 181.73 feet;
N 380 49' 43" E, 172.63 feet;
N 200 25' 25" E, 121.13 feet;
N 490 53' 58" E, 215.37 feet;
N 040 32' 42" E, 69.40 feet;
THENCE N 30° 41' 24" W, 236.43 feet departing said Blue Spruce L.P. tract along the common line of said
MM Anna 325, LLC Tract 1 and that tract of land described in deed to Kimberly Powell recorded in
Volume 5820 Page 2130 of the O.P.R.C.C.T.;
Thence continuing along said MM Anna 325, LLC Tract 1 and said Kimberly Powell tract the following
bearings and distances:
N 210 14' 27" W, 129.45 feet;
N 11° 58' 09" W, 106.75 feet;
EXHIBIT A
20F4
N 09° 26 49 W, 132.42 feet;
108.70 feet;
THENCE N 03° 35' 21" E, 118.10 feet departing said Kimberly Powell tract along the common line of said
MM Anna 325, LLC Tract 1 and that tract of land described in deed to Harrison and Janet Smith recorded
in Instrument Number 19920612000392310 of the O.P.R.C.C.T.;
THENCE continuing along said MM Anna 325, LLC Tract 1 and said Kimberly Powell tract the following
bearings and distances:
N 16° 24' 37" E, 135.67 feet;
N 06° 20' S7" E, 127.72 feet;
N 18° 30' 44" E, 70.24 feet;
N 10° 53' S3" E, 77.78 feet;
N 19° 15' 05" E, 240.38 feet;
THENCE departing said Harrison and Janet Smith tract along the common line of said MM Anna 325, LLC
Tract 1 and that tract of land described in deed to Dasara, LLC recorded in Instrument Number
20150123000077570 of the O.P.R.C.C.T. the following bearings and distances:
N 590 17' 04" E, 231.36 feet;
N 390 06' 49" E, 113.71 feet;
N 180 28' 30" E, 79.37 feet;
N 450 20' S5" E, 130.09 feet;
N 240 01' 10" E, 163.50 feet;
N 290 16' 45" E, 139.03 feet;
N 070 19' 23" W, 145.67 feet;
N 220 22' 47" E, 72.91 feet;
N 660 09' 44" E, 68.86 feet;
N 490 46' 52" E, 125.19 feet;
N 25° 25' 25" E, 105.50 feet;
N 41° 12' 53" E, 204.93 feet;
N 44° 25' 31" E, 122.72 feet;
E, 129.29 feet;
N 01° 34' S4" E, 105.14 feet;
EXHIBIT A
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THENCE N 30° 43 16 E, 12.80 feet departing said Dasara, LLC tract across the common line of said IVIlvi
Anna 325, LLC Tract 1 and that tract of land described in deed to Donna Peeler recorded in Volume 4972
Page 5535 of the O.P.R.C.C.T.;
THENCE departing said Donna Peeler tract along the common line of said MM Anna 325, LLC Tract 1 and
that tract of land described in deed to Risland Mantua LLC recorded in Instrument Number
20180625000783630 of the O.P.R.C.C.T. the following bearings and distances:
E, 274.56 feet;
N 89° 03' 01" E, 938.03 feet;
THENCE departing said Risland Mantua LLC tract along the common line of said MM Anna 325, LLC Tract
1 and that tract of land described in deed to Hurricane Creek Estates (Unrecorded) the following
bearings and distances:
S 02° 31' 07" E, 46.18 feet;
S 00° 43' S5" E, 239.62 feet;
S 00° 54' 34" E, 240.98 feet;
S 00° 35' 30" E, 240.11 feet;
S 000 46' 25" E, 193.73 feet;
S 000 41' S1" E, 159.37 feet;
S 02° 15' 90" W, 136.17 feet;
S 00° 41' 12" E, 117.45 feet;
N 430 06' 55" E, 28.85 feet;
N 360 57' 57" E, 59.11 feet;
S 810 37' 00" E, 76.35 feet;
N 640 47' 48" E, 51.43 feet;
S 230 02' 34" E, 61.07 feet;
N 530 19' 07" E, 45.87 feet;
S 820 24' 22" E, 25.36 feet;
S 39° 57' 49" E, 56.11 feet;
S 48° 02' S9" E, 22.02 feet;
THENCE departing said Hurricane Creek Estates tract along the common line of said MM Anna 325, LLC
Tract 1 and that tract of land described in plat to Urban Crossing Block B tract recorded in Instrument
Number 2013-568 of the Plat Records, Collin County, Texas (P.R.C.C.T.) the following bearings and
distances:
S 02° 04 20 E, 28.82 feet;
E, 119.18 feet;
S 89° 47' 13" E, 602.59 feet;
E, 933.16 feet;
E, 491.23 feet;
THENCE S 04° 03' 22" E, 703.80 feet departing said Urban Crossing Block B tract along the common line
A said MM Anna 325, LLC Tract 1 and that tract of land described in deed to Sheikh Alam tract recorded
in Volume 4335 Page 955, to the most northerly northwest corner of a tract of land described in deed to
Mantua 30 Partners, LTD recorded in Instrument Number 20201022001847220 of said O.P.R.C.C.T.;
THENCE following the common line of said MM Anna 325, LLC Tract 1 and said Mantua 30 Partners, LTD
Tract the following bearings and distances:
S 88° 44' 00" W, 60.25 feet to the beginning of a curve to the right;
With said curve to the right, having an arc distance of 99.55 feet, through a central angle of 03°
42' 13", having a radius of 1,540.00 feet, and the long chord which bears S 130 52' 00" W, 99.53
feet;
S 150 43' 07" W, 512.37 feet to the beginning of a curve to the left;
With said curve to the left, having an arc distance of 504.39 feet, through a central angle of 30°
06' 13", having a radius of 960.00 feet, and the long chord which bears S 00° 40 00 W, 498.61
feet passing at a distance of 30.78 feet, the east line of said MM Anna 325, LLC Tract 1 and the
northeast corner of a tract of land to MM Anna 325, LLC recorded in Instrument Number
20201201002152900 of said O.P.R.C.C.T.;
THENCE following along the common line of said MM Anna 325, LLC Tract and Mantua 30 Partners, LTD
Tract the following bearings and distances:
S 140 23' 07" E, 120.30 feet to the most southerly southeast corner of said MM Anna 325, LLC
Tract 1 and the northeast corner of said CADG Hurricane Creek, LLC Tract 2 to the beginning of a
curve to the right;
With said curve to the right, having an arc distance of 101.47 feet, through a central angle of 12°
30' 04", having a radius of 465.07 feet, and the long chord which bears S 08° 14' 28" E, 101.27
feet;
S 010 59' 25" E, 283.25 feet to the north line of a tract of land to Anna Investments, LLC recorded
in Instrument Number 20180622000777080 of said O.P.R.C.C.T.;
THENCE S 890 04' 42" W, 1,264.39 feet to the POINT OF BEGINNING and containing 289.751 acres or
12,621,555 square feet more or less.
This
document was prepared under 22 Texas Administrative Code 138.95, does not reflect the results of an on the ground survey, and is not to
be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration
of the boundary of the political subdivision for which it was prepared."
A%2rw*U.E1V1F.1N1T REGARDING SERVICES
This Agreement Regarding Services (this "Agreement" or "Service Plan") is entered into
this 24th day of August, 2021 by and between MM Anna 325, LLC and the City of Anna,
Texas a home rule municipality.
The real property that is the subject of this Service Plan is described as follows:
Villages of Hurricane Creek —North, also known as Sherley Tract. 289.8±acres located
on the west side of Standridge Boulevard and 1,334± feet north of Suzie Lane.
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.
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, through its contract with
Collin County or another service provider, 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.
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 Clty 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.
Page 2 of 6
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
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
Page 3 of 6
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
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.
This Agreement shall be valid for a term of ten (10) years. Renewal of this
Agreement shall be at the discretion of the City Council.
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
Page 4 of 6
conform to the changed conditions or subsequent occurrences pursuant to Texas
Local Government Code, Section 43.056.
CONFLICTS
To the extent there is a conflict between this Service Plan and the Sherley Tract
Subdivision Improvement Agreement entered into between the City, BFB ANA 40
Acres, LLC, and the Developer, effective as of June 9, 2020, as amended (the
"Development Agreement"), the Development Agreement shall control.
Owner:
MM Anna 325, LLC,
a Texas limited liability company
By: MMM Ventures, LLC,
a Texas limited liability company
Its Manager
By: 2M Ventures, LLC,
a Delaware limited liability company
Its Manager
Name: Mehrdad Moayedi
Its: Manager
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the k714-k day of A"vS. , 2021 by
Mehrdad Moayedi, Manager of 2M Ventures, LLC, as Manager of MMM Ventures, LLC, as
Manager of MM Anna 325, LLC, a Texas limited liability company on behalf of said company.
GRAHAM MAXE'r
;Notary Public, State of Texa;
c
Comm. Expires 05 12 2024
Notary ID 132473474
e
Notary Public, Statof Texas
Page 5 of 6
City of Anna.
Name: Jim Proce
Title: City Manager
IN WITNESS WHEROF:
STATE OF TEXAS §
COUNTY OF COLLIN §
This instrument was acknowledged before me on the _ day of , 2021, by Jim
Proce as representative of the City of Anna.
Notary Public, State of Texas
[SEAL]
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