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HomeMy WebLinkAboutOrd 956-2022 Annexation Coyote MeadowsIIIII II I�������� III 20220208000213690 02/0812022 10:49:40 AM OR 1113 CITY OF ANNA, TEXAS AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF ANNA, COLLIN COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID MUNICIPALITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN 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. 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, 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 107.521 acre tract of land situated within the Gwynn Morrison Survey, Abstract No. 559, Collin County, Texas, being all of a tract conveyed to TFCC Coyote, LLC, by deeds recorded in Document No.'s 20211202002453240, 20211202002452310 and 20211203002458060 in Deed Records of Collin County, Texas, and a 42.728 acre tract of land situated in the Guinn Morrison Survey, Abstract No. 559, City of Anna, Collin County, Texas, being part of a tract (Tract Two) conveyed to TFCC Coyote, LLC, by deed recorded in DOC. No. 20211202002452680;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 December 6, 20215 the respective owners 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 City of Anna, Texas Ordinance No, Page 1 of 3 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: 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 Cleric 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 25TH DAY OF JANUAI��,'I ��p1�022. ° `:Fy OF ANNA, T a NAT"IKE, MAYOR ATTEST: 00 4 /�/tllllill111\\\\ City of Anna, Texas Ordinance No. �___ Page 2 of 3 CARRIE L. LAND, CITY SECRETARY City of Anna, Texas Ordinance No. (�G�(„ Page 3 of 3 EXHIBIT A PAGE 1 OF 3 METES AND BOUNDS DESCRIPTION TRACT 1 Being a tract of land situated in the Gwynn Morrison Survey, Abstract No. 559 and the Henry Brantley Survey, Abstract No. 71, Collin County, Texas, being all of a tract conveyed to TFCC Coyote, LLC, by deeds recorded in Document No.'s 20211202002453240, 20211202002452310 and 20211203002458060 in Deed Records of Collin County, Texas, collectively being more particularly described as follows: BEGINNING at the most southerly southeastern corner of said TFCC Coyote, LLC and the northeast corner of a tract of land conveyed to Ralph E. Graham, III and David J. Graham, by deed recorded in Document No. 20070413000503260, Deed Records of Collin County, Texas; THENCE, N 88°05'S1" W, 288.90 feet to the northwest corner of said Graham tract and lying in the east right-of-way line of T and O Railroad; THENCE, N 00°46'23" E, 2167.43 feet along said T and O Railroad to the beginning of a non - tangent curve to the left; THENCE around said non -tangent curve to the left having a central angle of 07°55'44", a radius of 3044.23 feet, a chord of N 03°15'12" W - 420.94 feet, an arc length of 421.28 feet to the southwest corner of a tract of land conveyed to Wal-Mat, Inc., by deed recorded in Volume 5844, Page 1650, Deed Records of Collin County, Texas; THENCE, S 89°20'00" E, 189.36 feet to the beginning of a tangent curve to the right; THENCE around a tangent curve to the right having a central angle of 19°19'48", a radius of 930.00 feet, a chord of S 79°4005 E - 312.27 feet, an arc length of 313.76 feet the southeast corner of said Wal-Mat tract; THENCE, N 20°19116" E, 130.00 feet to the south line of Block A of Sweetwater Crossing, an addition to the City of Anna, according to the plat recorded in Volume R, Page 197, Plat Records of Collin County, Texas; THENCE, S 89015'24" E, 558.34 feet to a point for corner; THENCE, S 89°20100" E, 381.91 feet to a point for corner; THENCE, S 89022'44" E, 478.62 feet to a point for corner; THENCE, S 89018138" E, 402.24 feet to 1/2 inch iron rod found at the northeast corner of said TFCC Coyote, LLC tract and the common northwest corner of a tract of land conveyed to David and Nely Johnson Revocable Trust, by deed recorded in Document No. 20181126001443680, Deed Records of Collin County, Texas; EXHIBIT A PAGE 2OF3 THENCE, S 02°12S0 W, 867.04 feet to the southwest corner of said Johnson tract and the northwest corner of a tract of land conveyed to Mahavir Semwal and Vandana Semwal, by deed recorded in Document No. 20150629000780840, Deed Records of Collin County, Texas; THENCE, S 01°5736 W, 723.11 feet to a point at the northeast corner of a tract of land conveyed to Rodney Wayne Kanady, by deed recorded in Document No. 20170804001039210, Deed Records of Collin County, Texas; THENCE, N 87°5719 W, 188.81 feet to a point at the northwest corner of said I<anady tract; THENCE, S 02°02'42" W, 578.10 to the southwest corner of said I<anady tract and lying in said north right-of-way line of Houston Street; THENCE, S 89°10'11" W, 212.50 feet to the southeast corner of a tract of land conveyed to Richard Beazley, by deed recorded in Document No. 20170818001110510, Deed Records of Collin County, Texas; THENCE, N 02°03'20" E, a distance of 465.60 feet to a 5/8 inch iron rod found at the northeast corner of said Beazley tract; THENCE, S 89°09'51" W, 249.10 feet to a 5/8 inch iron rod found at the northwest corner of said Beazley tract; THENCE, S 02°03'20" W, 467.15 feet to a 5/8 inch iron rod found at the southwest corner of said Beazley tract and lying in said north right-of-way line of Houston Street; THENCE, S 89°10'05" W, 60.08 feet to a 5/8 inch iron rod found; THENCE, N 02003'20" E, 667.79 feet to a 5/8 inch iron rod found; THENCE, S 89009'S1" W, 169.90 feet to the northwest corner of said Beazley tract; THENCE, S 02003'20" W, 667.71 feet to the north right-of-way line of Houston Street (variable width right-of-way); THENCE, S 89006'33" W, along said north right-of-way line of Houston Street a total distance of 759.84 feet to the beginning of anon -tangent curve to the left; THENCE around said non -tangent curve to the left having a central angle of 87011'14", a radius of 362.75 feet, a chord of S 45°30'S3" W - 500.26 feet, an arc length of 552.00 feet; THENCE, S 01055150" W, 105.17 feet to the POINT OF BEGINNING with the subject tract containing 4,831,475 square feet or 110.915 acres of land. q5� EXHIBIT A PAGE 3OF3 TRACT 2 BEING a tract of land situated in the Guinn Morrison Survey, Abstract No, 5591 City of Anna, Collin County, Texas, being part of a tract (Tract Two) conveyed to TFCC Coyote, LLC, by deed recorded in DOC. No. 20211202002452680, with the subject tract being more particularly described as follows: BEGINNING at a 1/2 inch capped iron rod found at the northwest corner of Villarreal Addition, an addition to the City of Anna, Collin County, Texas, according to the map or plat thereof recorded in Instrument No. 20080919010003360, Official Public Records of Collin County, Texas and lying in the south right-of-way line of Houston Street (variable width right-of-way) and being the northeast corner of the herein described tract of land; THENCE, S 02°04'33" W, 1876.77 feet along the west line of said Villarreal Addition to a 3/8 inch iron rod found lying in the north line of a tract of land conveyed to MJLA Adams, Ltd., by deed recorded in Instrument No, 20110505000462590, Official Public Records of Collin County, Texas; THENCE, N 88°29'18" W, passing at a distance of 772.76 feet the northeast corner of a tract of land conveyed to Ann J. Ashmore, by deed recorded in Volume 2398, Page 900, Deed Records of Collin County, Texas and continuing along said Ashmore tract a total distance of 1012.76 feet to the northwest corner of said Ashmore tract and lying in the east right-of-way line of E. Hackberry Lane (variable width right-of-way); THENCE along said east right -of way line of E. Hackberry Lane, the following courses and distances: N 02°08'33" E, 1581.50 feet; N 19°06'33" E, 149.30 feet; N 48°40'33" E, 130.50 feet; THENCE, N 76°51'33" E, 135.10 feet along said south right-of-way line of Houston Street; THENCE, N 89011'33" E, 742.90 feet along said south right-of-way line of Houston Street to the POINT OF BEGINNING with the subject tract containing 1,861,237 square feet or 42.728 acres of land. THE total subject tracts 1 and 2 containing 6,692,712 square feet or 153.643 acres of land. R5� AGREEMENT REGARDING SERVICES This Agreement Regarding Services (this "Agreement" or "Service Plan") is entered into this 25th day of January, 2022 by and between TFCC Coyote 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: Coyote Meadows. 150.2 ±acres located on the south side of Rosamond Parkway, 279± feet east of N. Powell Parkway. AGREEMENT CONDITIONED ON ANNEXATION This Agreement is conditioned on the City of Anna City annexing the Subject Property described above on or 2022. If the City Council does not adopt such ordinance Agreement shall be null and void in its entirety. Nothinc the City Council to annex the Subject Property. POLICE PROTECTION Council adopting an ordinance efore the 25th day of January, on or before said date then this in this Agreement shall require 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. Page 1 of 5 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 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. Page 2 of 5 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 5 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 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 wnerisl. TFCC Coyote LLC a Texas Limited Liability Company By: TFCC Coyote LLC a Texas Limited Liability Company Its Authorized Agent By: Nam : Daniel S Title: Authorizec IN WITNESS WHEROF: STATE OF TEXAS § COUNTY OF COLLIN § This instru I t was ackno ledged before me on the 20.U,, by 1 MA ,tt � as owner of G^ Notary Public, State of Texas day of 1fPY PUB BRANDY HARRINGT©N i � Notary ID p1309t2967 s� My Commission Expires '� ov November 28, 20'1.4 IN WITNESS WHEROF: STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on the 25th day of January, 2022, by Jim Proce as representative of the City of Anna. p.r yael�d Notary Public, State of Texas CABBIE l., IAND My Notary ID # 11419404 Expires February 4, 2023 Page 5 of 5 / — —Row,- • _, LIMA FF 3 ?• '.) '�J - .� � �4 � l ,t ��.. it - ILL LIL, ellI IL ''' .shy. OIL IA mew - ILL It .OIL • B a s �..'_ _ - r, LL Jot It lIt It IL �� ,.1..' LIM LL F ; _ =r WrILL - — its • - r ILI- dd F �x ° - 1 ;, r y ({{(y�am F ILL r K >.r =_. LF f ip fit` AArt 14 IL ' E LLL i3. .[ fb1: • r} R' Ll.tl�� ( ! - _ t a r:. . �� C I _ I � �� ILL ILL y'ILL • —f art—'- _.J&Pmot, �(L �'it a� , I L Imp LT ol- CI of ILL j 3ILL _ cm tor Li LL L4a *Iry IL- 14 Ar ILL ILL HJI�w iJIM- S 70 - I. I ' _ ILL Llk it 1 III TWO L'L, fi y rIto It 5, 7 Sy, 4 11Rt�` 'y rya Its L ILL SYz iLt '.VIA iy s (fit. i ,t ��. � � - y ,fir ' - ; -d ,' • %(• - _ - it I }ILI ILL - _- Official Public Records Stacey Kemp, County Clerk Collin County, TEXRS 02l08/2022 10:49:40 AM $74.00 DKITZMILLER 20220208000213690 Certified Payments Page 1 of 1 �CERTI FI ED P A Y M E N T S by deluxe. All Transactions Approved Invoice Item Amount Quantity Conv. Result Fee Fees: $74.00 1 $1.70 Approved Payment ID: 100237187947 Land-REC Total Amounts +All Fees: BILLING INFORMATION Payment will be billed to: CARRIE LAND Card ending in ...9597 (Mastercard) Processed at 02/08/2022 10:52:23 AM CST LEGAL NOTICE Certified Payments provides a service for consumers and businesses to make payments via their credit card for various types of services and taxes. lay utilizing Certified Payments, you, the cardholder, are subject to the following terms and conditions. By submitting your payment through Certified Payments, you are agreeing to the terms and conditions listed in the Legal Notices link below. Please read all terms and conditions carefully. Privacy Statement - www.certifiedpayments.net/PrivacyStatement.aspx Legal Notice - uvww.certifiedpayments.net/l.egalNotices.aspx https://stage-quicksti.certifiedpayments.net/DigitalReceipt.aspx?BureauCode=6281876&Tel... 2/8/2022 STACEY KEMP COUNTY CLERK Cashier Customer DKITZMILLER CITY OF ANNA PO BOX 776 ANNA, TX 75409 COLLIN COUNTY, TEXAS STACEY KEMP 2300 Bloomdale Rd, Suite 2104 McKin ney, TX 75071 972-548 4185 Receipt for Services Batch # 2383958 Date: 02/08/2022 Time: 10:49:41 AM Date Instrument No Document Type Transaction Type GF Number 2/8/2022 10:49:41AM 20220208000213690 OR re Total: Pg/Amt 13 74.00 Fee Total: 74.00 CREDIT 100237187947 74.00 Payment Total: 74.00 Page 1 of I GLENN HEGAR TEXAS COMPTROLLER OF PUBLIC ACCOUNTS P.O.Box 13528 • Austin,TX 78711-3528 February 15, 2022 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 no. 956-2022 and the map indicating the property annexed into the City of Anna. Our office needs additional time to implement city sales and use tax in the annexed area. Therefore, the effective date to begin collection of this tax will be July 1, 2022. 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