HomeMy WebLinkAboutRes 2010-11-02 Development Agreement-William and Nora Stewart.pdfCITY OF ANNA, TEXAS
RESOLUTION NO. 2010-11-02
A RESOLUTION OF THE CITY OF ANNA, TEXAS ADOPTING A DEVELOPMENT
AGREEMENT BElWEEN THE CITY OF ANNA, TEXAS AND WILLIAM AND NORA
STEWART, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME ON
BEHALF OF THE CITY.
WHEREAS, the City of Anna, Texas (the "City") and William and Nora Stewart desire to
enter into a Chapter 43 Texas Local Government Code Development Agreement (the
"Agreemenr); and
WHEREAS, the City Council of the City of Anna, Texas (the "City Council") finds that
approval of the Agreement is in the best interests of the citizens of Anna;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Agreement
The City Council hereby approves the Agreement, attached hereto as EXHIBIT 1,
incorporated herein for all purposes and authorizes the City Manager to execute same
on behalf ofthe City.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 9th
day of November 2010.
ArrEST:
Res. 201 ()'11 ~Development Agreement-8tewart.doc PAGE 1 OF 1 11-09-10
STATE OF TEXAS )
)
COUNTY OF COLLIN )
CHAPTER 43 TEXAS LOCAL GOVERNMENT CODE
DEVELOPMENT AGREEMENT
This Agreement is entered into pursuant to Sections 43.035 and 212.172 of the Texas
Local Government Code by and between the City of Anna, Texas (the "City") and the
undersigned property owner(s) (the "Owner"). The term "Owner" includes all owners of
the Property.
WHEREAS, the Owner owns a parcel of real property(s) (the "Property") in Collin
County, Texas, commonly known as W E Throckmorton Survey and as shown in the
attached Exhibit "A"; and
WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial
jurisdiction, in consideration for which the Owner agrees to enter into this Agreement;
and
WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and 212.172 of
the Texas Local Government Code, in order to address the desires of the Owner and the
procedures of the City; and
WHEREAS, the Owner and the City acknowledge that this Agreement is binding upon
the City and the Owner and their respective successors and assigns for the term (defined
below) of this Agreement; and
WHEREAS, this Development Agreement is to be recorded In the Real Property
Records of Collin County.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties hereto agree as follows:
Section 1. The City guarantees the continuation of the extraterritorial status of the
Owner's Property, its immunity from annexation by the City, and its immunity from City
property taxes, for the term of this Agreement, subject to the provisions of this
Agreement. Except as provided in this Agreement, the City agrees not to annex the
Property, agrees not to involuntarily institute proceedings to annex the Property, and
further agrees not to include the Property in a statutory annexation plan for the Term of
this Agreement. However, if the Property is annexed pursuant to the provisions of this
Agreement, then the City shall provide services to the Property pursuant to Chapter 43 of
Texas Local Government Code.
Section 2. The Owner covenants and agrees not to use the Property for any use other than
for agriculture, wildlife management, and/or timber land consistent with Chapter 23 of
p ~ ~ ~
the Texas Tax Code, except for existing single-family residential use of the Property,
without the prior written consent of the City.
The Owner covenants and agrees that the Owner will not file any type of subdivision plat
or related development document for the Property with Collin County or the City until
the Property has been annexed into, and zoned by, the City.
The Owner covenants and agrees not to construct, or allow to be constructed, any
buildings on the Property that would require a building permit if the Property were in the
city limits, until the Property has been annexed into, and zoned by, the City. The Owner
also covenants and agrees that the City's AG-Agricultural District zoning requirements
apply to the Property, and that the Property shall be used only for AG-Agricultural
District zoning uses that exist on that Property at the time of the execution of this
Agreement, unless otherwise provided in this Agreement.
The Owner acknowledges that each and every owner of the Property must sign this
Agreement in order for the Agreement to take full effect, and the Owner who signs this
Agreement covenants and agrees, jointly and severably, to indemnify, hold harmless, and
defend the City against any and all legal claims, by any person claiming an ownership
interest in the Property who has not signed the Agreement, arising in any way from the
City's reliance on this Agreement.
Section 3. The Owner acknowledges that if any plat or related development document is
filed in violation of this Agreement, or if the Owner commences development of the
Property in violation of this Agreement, then in addition to the City's other remedies,
such act will constitute a petition for voluntary annexation by the Owner, and the
Property will be subject to annexation at the discretion of the City Council. The Owner
agrees that such annexation shall be voluntary and the Owner hereby consents to such
annexation as though a petition for such annexation had been tendered by the Owner. If
annexation proceedings begin pursuant to this Section, the Owner acknowledges that this
Agreement serves as an exception to Local Government Code Section 43.052, requiring a
municipality to use certain statutory procedures under an annexation plan. Furthermore,
the Owner hereby waives any and all vested rights and claims that they may have under
Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would
otherwise exist by virtue of any actions Owner has taken in violation of Section 2 herein.
The Owner further agrees that the Owner will not in any manner contest any annexation
of the Property initiated by the City under this Section or any annexation of the Property
completed by the City after the Term of this Agreement.
Section 4. Pursuant to Sections 43.035(b)(1)(B) of the Texas Local Government Code,
the City is authorized to enforce all of the City'S regulations and planning authority that
do not materially interfere with the use of the Property for agriculture, wildlife
management, or timber, in the same manner the regulations are enforced within the City's
boundaries. The City states and specifically reserves its authority pursuant to Chapter 251
of the Texas Local Government Code to exercise eminent domain over property that is
,subject to a Chapter 43 and/or Chapter 212 development agreement. ,. .~ -~ . ,
Section 5. The tenn of this Agreement (the "Tenn") is one year from the date that the
City Manager's signature to this Agreement is acknowledged by a public notary. The
Owner, and all of the Owner's heirs, successors and assigns shall be deemed to have filed
a petition for voluntary annexation before the end of the Tenn, for annexation of the
Property to be completed on or after the end of the Tenn. Prior to the end of the Tenn,
the City may commence the voluntary annexation of the Property. In connection with
annexation pursuant to this section, the Owners hereby waive any vested rights they may
have under Section 43.002(a) (2) and Chapter 245 of the Texas Local Government Code
that would otherwise exist by virtue of any application, plan, plat or construction any of
the owners may submit or initiate during the time between the expiration of this
Agreement and the institution of annexation proceedings by the City.
Section 6. Property annexed pursuant to this Agreement shall be temporarily classified as
SF-E Single Family Residential Large Lot District until pennanent zoning is
established by the City Council pursuant to the City's Code of Ordinances, pending
detennination of the Property's pennanent zoning in accordance with the provisions of
applicable law and the City's Code of Ordinances.
Section 7. Any person who sells or conveys any portion of the Property shall, prior to
such sale or conveyance, gives written notice of this Agreement to the prospective
purchaser or grantee, and shall give written notice of the sale or conveyance to the City.
Furthennore, the Owner and the Owner's heirs, successor, and assigns shall give the City
written notice within 14 days of any change in the agricultural exemption status of the
Property. A copy of either notice required by this section shall be forwarded to the City at
the following address:
City of Anna
Attn: City Manager
111 N. Powell Parkway
Anna, Texas 75409
Section 8. This Agreement shall run with the Property and be recorded in the real
property records of Collin County, Texas.
Section 9. If a court of competent jurisdiction detennines that any covenant of this
Agreement is void or unenforceable, including the covenants regarding involuntary
annexation, then the remainder of this Agreement shall remain in fuJI force and effect.
Section 10. This Agreement may be enforced by any Owner or the City by any
proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce
the provisions of this Agreement thereafter.
Section 11. No subsequent change in the law regarding annexation shall affect the
enforceability of this Agreement or the City's ability to annex the properties covered
herein pursuant to the tenns of this Agreement.
'''~ ,'\'; ~
Section 12. Exclusive jurisdiction and venue for disputes arising out of or related in any
way to this Agreement shall be in Collin County, Texas.
Section 13. This Agreement may be separately executed in individual counterparts and,
upon execution, shall constitute one and same instrument.
Section 14. This Agreement shall survive its termination to the extent necessary for the
implementation of the provisions of Sections 3, 4, and 5 herein.
Entered into this JIL day of ~J,.."'" , 2010.
THE STATE OF TEXAS }
COUNTY OF COLLIN }
This instrument was acknowledged before me on the~y of d!t".J,,., 2010, by Philip
Sanders, City Manager, City of Anna, Texas.
Owner 1
Printed Name: U/;LLIItM /2, ST-etV~
THE STATE <If ,{EXAS }
COUNTY OF 6:0 \ \\.-..> }
This instrument was acknowledged before me on the ~day of MO\) 2010, by
W\\\\"'" ~ S\~~ ,Owner l.
~~as-
,~~~~. t~+\
~.~~j ~-tt~'"
JOEY WALKER
Notary PubliC:. State of Texas
My Commission Expires
May 23.2012
,
---------------------------
------------------------
THE STATE O~TEXAS}
COUNTY OF t'.o \\ tto? }
is instrument was acknowle~d before me on the J-~ay of Nov 2010, by
t..IV't '5\~ l ,Owner 2.
#.~t~Vrf,#". JOEY WALKER1"'fRt' Notary Public. State of :rexas
Notat"?bTc;l:ate of Texas
l~. :.=,J My Commission Expires ~"iJ;;\V May 23,2012 '#IIi, ,..
Owner 3
Printed Name:
THE STATE OF TEXAS}
COUNTY OF }
This instrument was acknowledged before me on the _day of 2010, by
______________ , Owner 3.
Notary Public, State of Texas
Owner 4
Printed Name:
THE STATE OF TEXAS }
COUNTY OF }
This instrument was acknowledged before me on the _day of 2010, by
_____________ , Owner 4.
Notary Public, State of Texas
"
.","
EXHIBIT A
FIELD NOTES
Being a 15.4 acre tract of land situated in Collin County in the W.E. Throckmorton
Survey, Abstract Nwnber 899. Said tract also being all ofa tract ofland as recorded in
Volwne 4632 Page 2242 of the Deed Records of Collin County Texas and a part of the
tract recorded in Volwne 4555 Page 1267 of the Deed Records of Collin County Texas
and being describe more particularly as follows:
BEGINNING at a point that bears South 3 degrees 5 minutes 20 seconds West a distance
of 40.01 feet from the starting point of the said tract ofland recorded in Volwne 4555
Page 1267, said point also being in the east right-of-way line of U.S. Highway 75;
THENCE; South 88 degrees 12 minutes 15 seconds East, a distance of 476.64 feet to a
point for comer;
THENCE; South 00 degrees 12 minutes 44 seconds West, a distance of958.81 feet to a
point for comer;
THENCE; North 89 degrees 22 minutes 43 seconds East, a distance of 58.40 feet to a
point for comer;
THENCE; South 40 degrees 43 minutes 23 seconds East, a distance of 194.42 feet to a
point for comer;
THENCE; South 01 degree 14 minutes 04 seconds West, a distance of 19.44 feet to a
point for comer;
THENCE; South 43 degrees 10 minutes 41 seconds West, a distance of233.63 feet to a
point for a comer;
THENCE; South 73 degrees 45 minutes 48 seconds West, a distance of 89.68 feet to a
point for comer;
THENCE; South 40 degrees 25 minutes 26 seconds West, a distance of 63.46 feet to a
point for a comer;
THENCE; North 59 degrees 17 minutes 11 seconds West, a distance of 459.15 feet to
the East line ofU. S. Highway Nwnber 75 as described in deed to the State of Texas,
filed 14 June 1965, and recorded in Volwne 654, Page 633 of said Deed Records for a
point for comer;
THENCE; North 00 degrees 27 minutes 35 seconds East, with the East line of said
highway, a distance of 7.49 feet to a point for comer;
Stewart, William D & Nora Yvonne
TH.ENt.:~; North 00 degrees 37 minutes 16 seconds West, with the East line of said
highway, a distance of 578.32 feet to a point for comer;
THENCE; North 03 degrees 05 minutes 20 seconds East, with the East line of said
highway, a distance of 564.18 feet to the POINT OF BEGINNING and containing 15.4
acres of land more or less.
Stewart, William D & Nora Yvonne
William & Nora Stewart
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