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Home My WebLink AboutRes 2010-11-08 Development Agreement-Grayson Collin Recreation Association.pdfCITY OF ANNA, TEXAS RESOLUTION NO. 2010-11-08 A RESOLUTION OF THE CITY OF ANNA, TEXAS ADOPTING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS AND GRAYSON COLLIN RECREATION ASSOCIATION, INC., AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME ON BEHALF OF THE CITY. WHEREAS, the City of Anna, Texas (the "City") and Grayson Collin Recreation Association, Inc. desire to enter into a Chapter 212 Texas Local Government Code Development Agreement (the "Agreement"); 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 of the City. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 23rd day of November 2010. ATTEST: STATE OF TEXAS ) ) COUNTY OF COLLIN ) CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE DEVELOPMENT AGREEMENT This Agreement is entered into pursuant to 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 Hurricane Creek Country Club,;. 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 Section 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 th for the existing golf course and country club use of the Property, without the prior w . consent of the City. Other than compliance with the City's ordinance(s) requiring the submission of one or more development plats to the extent applicable to the construction of the Proposed Additional Facilities defined below, 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. Other than the Proposed Additional Facilities defined below, 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 Proposed Additional Facilities include: a new golf cart storage facility, a new fitness facility, new golf course accessory buildings such as restrooms and a pump house, a tournament pavilion, an accessory building for the pool area, renovations to the golf course, remodel of the existing clubhouse, remodel of the existing club manager's house, new golf course weather shelters, and remodel of existing maintenance facilities. The Proposed Additional Facilities shall be incidental and accessory to the current golf course and country club use. The Owner covenants and agrees to comply with all City of Anna Ordinances that would apply to the construction of the Proposed Additional Facilities if the Property were in the city limits of the City of Anna including any requirement to obtain a building permit from the City of Anna, pay permit fees, and comply with applicable building and construction codes. 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. 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 golf course and country club use 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 term of this Agreement (the "Term") is five years 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 Term, for annexation of the Property to be completed on or after the end of the Term. Prior to the end of the Term, 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 AG Agricultural District until permanent zoning is established by the City Council pursuant to the City's Code of Ordinances, pending determination of the Property's permanent 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, give written notice of this Agreement to the prospective purchaser or grantee, and shall give written notice of the sale or conveyance to the City. Furthermore, the Owner and the Owner's heirs, successor, and assigns shall give the City written notice within 14 days of any change in the 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 III 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 determines 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 full 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 terms 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 provision of Sections 3, 4, and 5 herein. Entered into this~day of 1..,2010. CITY OF ANNA THE STATE OF TEXAS } COUNTY OF COLLIN } This instrument was acknowledged before me on thel$~ay of #olflltJu, 2010, by Philip Sanders, City Manager, City of Anna, Texas. • GRAYSON COLLIN RECREATION ASSOCIATION, INC. Joe Clark President, Grayson Collin Recreation Association, Inc. THE STATE OF TEXAS} COUNTY OF CO,\\ V\. } This instrument was acknowledged before me on the 2.3 day of tJ()JQY\"~2010, by Joe Clark, President, Grayson Collin Recreation Association. ~~~~~ Notary Public, State of Texas , Grayson Collin Recreation Association. ~®:*i~. 'w ' '·m" S\JSN4 MORRISON MY CCJ.4MISSION EXPIRES IlecaIrmer 22, 2013 EXHffiITA SITUATED in Collin County, Texas, in the Z. Roberts Survey, Abstract No. 760, the H. Smith Survey, Abstract No. 822, the J. Whitaker Survey, Abstract No. 981, and the W. P. Burns Survey, Abstract No. 100; and being part of the various tracts described in the following Deeds: a) 60 acres, 50 acres, 934/5 acres, and 23.72 acres in Deed from Fulton Emerson, to W. B. Powell, dated April 1, 1961, and recorded in Vol. 579, Page 578, Collin County Deed Records; b) 34.85 acres and 63.43 acres in Deed from S. W. Turner, et ux to W. B. Powell, et ux dated July 28, 1965, and recorded in Vol. 658, Page 181, Collin County Deed Records; c) 109 acres described in Deed from D. E. Billups, et ux to W. B. Powell, et ux dated January 13,1966, and recorded in VoL 667, Page 335, Collin County Deed Records; BEGINNING at an iron stake in the south line ofthe above said 60 acres at its intersection with the west line of the Smith Survey and the east line of said Roberts Survey; THENCE South 82 degrees 49 minutes 52 seconds West, 1756.22 feet to a point in Hurricane Creek at the southwest comer of said 60 acres; THENCE Northeasterly, upstream, with the center of said creek and its meanderings as follows: North 52 degrees 45 minutes East 85 feet; North 26 degrees 20 minutes East 80 feet; North 32 degrees 55 minutes East 80 feet; North 46 degrees 00 minutes East 115 feet; North 25 degrees 20 minutes East 110 feet; North 41 degrees 00 minutes East 260 feet; North 4 degrees 00 minutes East 70 feet; North 28 degrees 10 minutes West 175 feet; North 13 degrees 10 minutes West 220 feet; North 29 degrees 30 minutes East 100 feet; North 43 degrees 15 minutes East 130 feet; North 21 degrees 00 minutes East 190 feet; North 28 degrees 00 minutes East 285 feet to a point on the East bank of a lake; THENCE Northeasterly along the east bank of said lake as follows: North 23 degrees 35 minutes East 835 feet; South 42 degrees 00 minutes East 110 feet; North 84 degrees 55 minutes East 180 feet; North 67 degrees 27 minutes East 201.1 feet; North 11 degrees 46 minutes West 265.8 feet; North 33 degrees 00 minutes West 423.3 feet; North 1 degree 53 minutes East 401.0 feet; North 41 degrees 58 minutes East 284.6 feet; North 19 degrees 07 minutes East 293.6 feet; North 67 degrees 44 minutes East 257.6 feet; North 5 degrees 50 minutes West 345.0 feet; North 65 degrees 41 minutes East 239.9 feet; North 12 degrees 37 minutes East 179.1 feet; North 85 degrees 50 minutes East 375.4 feet; South 34 degrees 47 minutes East 217.3 feet; North 17 degrees 24 minutes East 193.0 feet; North 74 degrees 16 minutes West 245.5 feet; North 33 degrees 20 minutes East 226.7 feet to a point on the edge of said lake; THENCE South 66 degrees 30 minutes East, a distance of 1304.6 feet to a point for comer; THENCE South 44 degrees 00 minutes East, a distance of 1120.0 feet to a point for comer; THENCE South 15 degrees 45 minutes West 630.0 feet to a point on the west side of a small branch; THENCE South 68 degrees 35 minutes West 280.0 feet; THENCE South 70 degrees 35 minutes 57 seconds West 175.11 feet; THENCE North 27 degrees 36 minutes West 392.4 feet; THENCE North 38 degrees 30 minutes West 416.40 feet; THENCE North 60 degrees 30 minutes West 750.0 feet THENCE South 4 degrees 30 minutes West 275.0 feet; THENCE South 36 degrees 00 minutes West 670.0 feet; THENCE South 12 degrees 10 minutes East 690.0 feet; THENCE South 22 degrees 00 minutes East 765.0 feet; THENCE South 23 degrees 30 minutes West 425.0 feet; TIIENCE South 18 degrees 20 minutes West 800.0 feet; to a point for comer on the south line of said 60 acres; THENCE West 381.4 feet to the place of beginning, containing 187.5 acres ofland. GRAVSON-COWN RECREATIONAL ASSOCIATION m.70' N 33<120'0' E 375.411 N 85d5O'O" E 179.10' N 121137'0" E 239.90' N 65d41'O" E 257.80' N 87<144'0" E 293.80: N 1Sd7'O" E ~ 284.80' N41d58'O" E ---.. / \ 345.00' N 5d5O'(7' W L 321.80' S 28d51'O" E 275.00' S <Id3(l'(7' W ~ 401.00'N 1d53'O"E-- 423.30' N 33<Il'O" W - 285.90' N 11d48'O" E ---_ 201.10' N 87dV'O"W I ~180.00' N 84d55'O" E L110.00' S 42dO'O" E 835.00' N 23<135'0" E ----- 285.00' N 2Ml'O" E -- 190.00' N 21dO'O" E 130.00' N 43<115'0" E ----__ 100.00' N 29d3O'(7' E --'--"_000 187.5 ACRE TRACT 220.00' N 175.00' N 28<110'0' W 70.00' N 4dO'O" E 260.00' N 41dO'O" E 110.00' N 25d2O'O" E 115.00' N 48dO'O" E 80.00' N 321155'0" E 80.00: N 28<120'(7' E 85.00' N 52d45'O" E 381.411 W