HomeMy WebLinkAboutRes 2010-12-01 Development Agreement-Michael and Cynthia Foster,pdf.pdfCITY OF ANNA, TEXAS
RESOLUTION NO. 2010-12-01
A RESOLUTION ADOPTING A DEVELOPMENT AGREEMENT BETWEEN THE CITY
OF ANNA AND MICHAEL AND CYNTHIA FOSTER, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAME ON BEHALF OF THE CITY.
WHEREAS, the City of Anna, Texas (the "City") and Michael and Cynthia Foster (the
"Owner") 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 subject to the following:
a} Any changes to the Agreement must be approved by a vote of the City Council at
duly noticed City Council meeting and approved as to form by the City Manager
and the City Attorney.
b} The final Agreement, including any changes thereto, must be signed and
executed by the Owner before December 14, 2010.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 8th
day of December 2010.
ArrEST:
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 Rowland 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
DOC 16504Vl
the Texas Tax Code, except for existing single-family residential use of the Property and
the Proposed Uses defined below, without the prior written 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 Proposed Uses, 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 for the Proposed Uses, 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 and the Proposed Uses.
The Proposed Uses include the expansion of the existing residential garage not exceeding
500 square feet, the construction of one work shop not exceeding 500 square feet, the
construction of one bam not exceeding 500 square feet and the construction of one
pergola not exceeding 500 square feet. The Proposed Uses shall be considered incidental
and accessory to the current residential and agricultural uses of the Property, and shall not
be used in connection with any commercial or business activity.
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 ofthis Agreement.
DOC 16504Vl
Section 4. Pursuant to Sections 43.035(b)(l)(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 s. The term of this Agreement (the "Term") is 6 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
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
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.
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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 tennination to the extent necessary for the
implementation of the provisions of Sections 3, 4, and 5 herein.
DOC 16504Vl
Entered into this -l-3-day of U:~t,<:::.J'"""';-2010.
THE STATE OF TEXAS }
COUNTY OF COLLIN }
This instrument was acknowledged before me on the at of ;J~,2010, by Philip
Sanders, City Manager, City of Anna, Texas.
R,~~}f..~ Nlltha J Wilkl&Ofi
"i : * My ComlTll$Slon Expires
~Of<#~ 11/1312013
o r 1
Printed Name: !'1/&I-.,fEi'L I j)t !='oj 7if;;n
THE STATE OF TEXAS}
COUNTY OF Co/I/n }
This instrument was acknowledged before me on the.6 ~ay of /Jt(&A.kr , 2010, by
tfkc.lv«/ 11. (05 U/ , Owner I.
DOC 16504Vl
THE STATE OF TEXAS}
COUNTY OF ()rtUj(i,Ol'\}
a UFFLE
Notary Public, State of Texas
My Commission Expires
February 26, 2012
DOC 16504VI
EXHIBIT "A"
Being situated in Collin County, Texas, in the John Rowland Survey, abstract no. 784 and
being out of a 41.39 acre tract being Tract IV of a warranty deed from Brodie Heubsch to
Wyvette Adams, Carol Lawrence, and Wyvonna Robertson as recorded in volume 1291,
page 727, of the Deed Records of Collin County, Texas, and being more particularly
described by metes and bounds as follows:
BEGINNING at a point that bears South 89 degrees 37 minutes 23 seconds west 20 feet
from a 3/4 inch iron rod found in the center of a north-south county road #511 being the
southeast corner of said 41.39 acre tract;
THENCE north 00 degrees 06 minutes east with a line parallel to the center of said
county road #511, a distance of 437.07 feet a point for corner;
THENCE south 89 degrees 37 minutes 23 seconds west a distance of 1,000 feet a point
for corner;
THENCE south 00 degrees 06 minutes 00 seconds West a distance of 436.99 feet to a
point for corner;
Thence north 89 degrees 37 minutes 23 seconds east along and with an old fence and
hedge row a distance of 1,000 feet to the place of beginning and containing 10 acres of
land more or less, save and except any portion of the property that is part of County Road
511.
FOSTER LEGAL
IN AREA "0"
10 acres
1000.0' N 89d37'23" E