HomeMy WebLinkAboutRes 2010-12-02 Development Agreement with Kenneth and Carol Matuszak.pdfCITY OF ANNA, TEXAS
RESOLUTION NO. 2010-12-02
A RESOLUTION ADOPTING A DEVELOPMENT AGREEMENT BETWEEN THE CITY
OF ANNA AND KENNETH AND CAROL MATUSZAK, AND AUTHORIZING THE
CITY MANAGER TO EXECUTE SAME ON BEHALF OF THE CITY.
WHEREAS, the City of Anna, Texas (the "City") and Kenneth and Carol Matuszak (the
"Owner") 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 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.
ATTEST:
12-08-10
STATE OF TEXAS )
)
COUNTY OF COLLIN )
CHAPTER 211 TEXAS LOCAL GOVERNMENT CODE
DEVELOPMENT AGREEMENT
This Agreement is entered into pursuant to Section 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, 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 than
for the existing residential use, the legal operation of the existing trucking business, and
any other legal uses of the property that exist on the effective date of the this Agreement,
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 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 vehicle and
equipment maintenance garage not to exceed the size of 4000 square feet, and a height of
40 feet.
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
Section 4. The City is authorized to enforce all of the City's regulations and planning
authority that do not materially interfere with the legal use of the Property as described in
Section 2 of this Agreement 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 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
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 ProVisiO~Sections 3, 4, and 5 herein.
Entered into this & day of ~Jc.r-. ,2010.
CITYQF ANNA
~~~~Phil Sanders
City Manager, City Auna, Texas
THESTATEOFTEXAS}
COUNTY OF COLLIN }
This instrument was acknowledged before me on thetlt of dtcc&/e , 2010, by Philip
Sanders, City Manager, City of Anna, Texas.
~'L~ i/~"":>:" Natha J WilkilOO~f..i//L 1* My Commiuion Expires~~~ 11/1312013
~:c'~ ~
Printed Name:5..e. '" '1. e.~ L" .:e~J Z Ct.-f'...
THE STATE OF TJ;XAS }
COUNTY OFG If.,''1 }:ljs instrument was acknowledged before me on the ~y of Ike (,I, r. 20 I 0, by ~"ttJ. t. 1fI,t"6LAo IL •Owner 1.
THE STATE 0::'TEXAS}
COUNTY OF f.:Jl {/,'() }
T~: ins}roAnen}Jas acknowledged before me on the /1J;.y of t:kcfd.6,,.. 2010, by
{;A/6 ut ll/IJ.tt..S t ../( •Owner 2.
~~~tt Nalha J Wilkison~ ..(~ i.. My CommiSsiOn Expires ~~: 11/1312013
EXHIBIT "A "
EXHIBIT A
SITUATED in Collin County, Texas in the David Van Winkle Survey, Abstract No. 937, part ofa 108 acre tract
described in a deed from Mote Hendricks et aI, to Carl Cox recorded in Volume 426, page 274, Deed Records of Collin
County, Texas and being more particularly described by metes and bounds as follows:
BEGINNING in the west line ofthe 108 acre tract in the northerly right--of-way line ofthe Sam Rayburn Memorial
Highway; said comer also bears south 01 degree 04 minutes 59 seconds west a distance of 1,276.83 feet from the
northwest comer of said tract;
THENCE north 51 degrees 37 minutes 57 seconds east a distance of27 1.95 feet to a point for comer;
THENCE north 01 degrees 04 minutes 59 seconds east a distance of 569.82 feet to a point for comer;
THENCE south 51 degrees 37 minutes 57 seconds west a distance of27 1.95 feet to a point for comer;
THENCE south 01 degrees 04 minutes 59 seconds west, 569.82 feet to the PLACE OF BEGINNING and containing
2.75 acres ofland more or less.
Matuszak LEGAL
IN AREA "N"
o 200 400 600
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