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Home My WebLink AboutRes 2010-11-09 Development Agreement-BHagat Holdings Ltd.pdfCITY OF ANNA, TEXAS RESOLUTION NO. 2010-11-09 A RESOLUTION OF THE CITY OF ANNA, TEXAS ADOPTING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS AND BHAGAT HOLDINGS LTD, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME ON BEHALF OF THE CITY. WHEREAS, the City of Anna, Texas (the "City") and Bhagat Holdings Ltd desire to enter into a Chapter 43 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 23ni day of November 2010. ATTEST: 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 John Chalmers 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 m 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 90nsistent with Chapter 2} of ,';-,.~,; ~~,~ 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 autharized 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 andlor Chapter 212 d~velopment agreement. ;..~., , . Section 5. The term of this Agreement (the "Term") 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 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 SF-E Single Family Residential -Large Lot 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, 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. 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 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 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 provisions of Sections 3,4, and 5 herein. Entered into this Z3. day of ~.r ,2010. ~)~Phih Sanders ).. City ager, City of Anna, Texas THE STATE OF TEXAS } COUNTY OF COLLIN } This instrument was acknowledged before me on th~y of Al, J.e,c..k t , 2010, by Philip Sanders, City Manager, City of Anna, Texas. • Owner 1 /) Printed Name:.J ileNe ~/ THE STATE Q.FTJ~S } COUNTYOF~} This instrument was acknowledged before me on th~ay of ~~w: 2010, by ~.),.. erocjo.:±· ,Owner 1. ltw-!~ Shermin Shanali Bhagat i\~ it, My Commission Expires ~?$ 0612212011 ,',>, EXHIBIT "A" ','-. Exhibit A BEING a tract or parcel ofland situated in the John Chambers Survey, Abstract No. 233 and the Samuel Craft Survey, Abstract No. 165, Collin County, Texas; and being part of that tract ofland conveyed to Matthew Wade Hancock by Deed recorded in Volume 4304, Page 2449, Deed Records, Collin County, Texas, and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod found in the East right-of-way line of State Highway 121 and the Northwest comer ofa tract ofland conveyed to Oliver Israel Boone by Deed recorded in Volume 1887, Page 867, Deed Records, Collin County, Texas; THENCE South 01 degree 10 minutes 01 seconds East, along the West line of said Oliver Israel Boone tract, a distance of 1,307.79 feet to point for corner; THENCE South 49 degrees 02 minutes 55 seconds West a distance of 1039.52 feet to a point for comer THENCE South 89 degrees 34 minutes 58 seconds West, a distance of250.34 feet to a point for corner, THENCE South 89 degrees 06 minutes 08 seconds West, a distance of912.43 feet to a point for corner: THENCE South 88 degrees 45 minutes 22 seconds West, a distance of 380.47 feet to a point for corner, said point being in the East right-of-way line of said State Highway 121; THENCE along the East right-of-way line of said State Highway 121 the following calls: THENCE North 48 degrees 16 minutes 08 seconds East, a distance of 1197.95 feet to a point for comer; THENCE North 53 degrees 58 minutes 46 seconds East, a distance of 100.50 feet to a point for comer; THENCE North 48 degrees 16 minutes 08 seconds East, a distance of 200.00 feet to a point for comer; THENCE North 45 degrees 24 minutes 23 seconds East, a distance of 200.25 feet to a point for comer; THENCE North 48 degrees 16 minutes 08 seconds East, a distance of 300.00 feet to a point for comer; THENCE North 51 degrees 50 minutes 43 seconds East, a distance of 400.78 feet to a point for comer, THENCE North 48 degrees 16 minutes 08 seconds East, a distance of 100.00 feet to a point for corner; THENCE North 41 degrees 08 minutes 38 seconds East, a distance of201.56 feet to a point for corner, THENCE North 48 degrees 32 minutes 15 seconds East, a distance of284.53 feet to a point for corner, THENCE North 68 degrees 51 minutes 08 seconds East, a distance of80.28 feet to the Point of Beginning and Containing 47.6 acres ofland, more or less. BHAGAT HOLDINGS LTD. 80.28' N 68d51 '8" E CR507 284.53' N 48d32'15" E _____ os 201.56' N 41d8'38" E ~ 100.00' N 48d 16'8" E "'" UJ --400.78' ~ N 51 d50'43" E J:!. ---300.00' N 48d 16'8" E ___ 200.25' N 45d24'23" E ~200.00' L N 48d16'8" E 100.50' N 53d58'46" E 47.6 ACRE TRACT 912.43' S 89d6'8" W I L380.47' 250.34'S 88d45'22" W S 89d34'58" W