HomeMy WebLinkAboutRes 2010-12-04 Development Agreement with Mixon Enterprise Ltd.pdfCITY OF ANNA, TEXAS
RESOLUTION NO. 2010-12-04
A RESOLUTION ADOPTING A DEVELOPMENT AGREEMENT BETWEEN THE CITY
OF ANNA AND MIXON ENTERPRISE LTD. -MIXON REALTY CO., AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAME ON BEHALF OF THE
CITY.
WHEREAS, the City of Anna, Texas (the "City") and Mixon Enterprise Ltd. -Mixon
Realty Co. (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 uCity 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 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 a parcel of land in the John Coffman 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
Page I
the Texas Tax Code, except for existing single-family residential use of the Property,
during the term of this Agreement.
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 during
the term ofthis Agreement.
During the term of this Agreement, 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. 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 in accordance with the terms ofthis 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.
Page 2
Section 5. The term of this Agreement (the "Term") is three years from the date that the
City Manager's signature to this Agreement is acknowledged by a public notary. By
entering into this Agreement, the Owner, and all of the Owner's heirs, successors and
assigns shall be deemed to have properly filed with the City a petition for voluntary
annexation, consenting to voluntary annexation of the Property to be completed upon or
after the end of the Term and said deemed petition consenting to voluntary annexation
shall not be subject to withdrawal for a period of one year after the end of the Term.
Upon the expiration of one year after the end of the Term, the Owner shall be considered
to have withdrawn the petition and withdrawn consent to voluntary annexation. This
Agreement shall terminate and be null and void and of no further effect 120 days after
Owner provides written notice of termination to City. Owner, and all of the Owner's
heirs, successors and assigns, consent to voluntary annexation during said 120-day notice
period. 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. 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
]]] N. Powell Parkway
Anna, Texas 75409
Section 7. This Agreement shall run with the Property and be recorded in the real
property records of Collin County, Texas.
Section 8. 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 ofthis Agreement shall remain in full force and effect.
Section 9. 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 ofthis Agreement thereafter.
Page 3
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enforceability of this Agreement or the City's ability to annex the properties covered
herein pursuant to the terms of this Agreement.
Section 11. Exclusive jurisdiction and venue for disputes arising out of or related in any
way to this Agreement shall be in Collin County, Texas.
Section 12. This Agreement may be separately executed in individual counterparts and,
upon execution. shall constitute one and same instrument.
Section 13. 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 thisJkf' r!of L ~m be:. r:: ,2010.
THE STATE OF TEXAS }
COUNTY OF COLLIN }
This instrument was acknowledged before me on the/3 ~y of ;2.1G(rk~,c , 2010, by Philip
Sanders. City Manager, City of Anna, Texas.
~:--~-A-~~-;tf''1~f>~~
Printed Name: J
of O~. 2010, by
Notary Public, Sta fTexas
Page 4
BARBARA J BELL
NOTARY PUBLIC
State of Texas
Comm. EXp. 09-30-2013
EXHIBIT A
Situated in Collin County, Texas and being part ofthe Thomas Rattan Survey, Abstract
No. 782 and being a part of the John Coffman Survey, Abstract No. 197 and being part of
a 104.85 acre tract and all of a 3.5 acre second tract conveyed by Wilburn Lewis Medcalf
and wife Ruby Faye Medcalf to A.W. Powell and wife, Lillian Powell by deed recorded
in Volume 426, page 287 of the deed records of Collin County, Texas and being more
particularly described as follows:
BEGINNING in the South fence line of said 104.85 acre tract and at the Southwest
comer of a 12.226 acre tract conveyed to the State of Texas by deed recorded in Volume
653, page 193 of the deed records of Collin County, Texas, said point also being in the
west right-of-way line of U.S. 75;
THENCE north 17 degrees 01 minutes east a distance of 163.35 feet with the west right
of-way line of U.S. 75 to a point for comer;
THENCE north 08 degrees 29 minutes east a distance of 999.0 feet with the west right
of-way line of U.S. 75 to a point for comer;
THENCE north 02 degrees 46 minutes east a distance of 174.67 feet with the west right
of-way line of U.S. 75 to a point for comer;
THENCE south 89 degrees 35 minutes west a distance of 1,292.0 feet leaving the west
right-of-way of U.S. 75 to a point for comer;
THEN CE north 01 degrees 05 minutes west a distance of 121.7 feet to a point for comer;
THENCE north 72 degrees 00 minutes west a distance of 41.0 feet to a point for comer
on the east side of C.R. 286;
THENCE south 38 degrees 00 minutes west a distance of58.0 feet to a point for comer;
THENCE south 31 degrees 07 minutes west a distance of 50.0 feet to a point for comer;
THENCE south 22 degrees 16 minutes west a distance of 50.0 feet to a point for comer;
THENCE south 18 degrees 09 minutes west a distance of 604.75 feet to a point for
comer;
THENCE south 62 degrees 18 minutes east a distance of 1,579.55 feet to the PLACE OF
BEGINNING and containing 33 acres ofland more or less.
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