HomeMy WebLinkAboutRes 2010-12-06 Development Agreement-John Rattan.pdfCITY OF ANNA, TEXAS
RESOLUTION NO. 2010-12-06
A RESOLUTION ADOPTING A DEVELOPMENT AGREEMENT BETWEEN THE CITY
OF ANNA AND JOHN RATTAN, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAME ON BEHALF OF THE CITY.
WHEREAS, the City of Anna, Texas (the "City") and John Rattan (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 aU 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:
PAGE 1 OF 1 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 John Rattan and the
Estate of Sue and Dow Rattan (the "Owner"). The term "Owner" includes all owners of the
Property.
WHEREAS, the Owner owns a 117.5 acre parcel of real property (the "Property") in Collin
County, Texas, as more particularly described in the attached two-page document labeled Exhibit
"A" comprising a metes and bounds description and a sketch of the Property; and
WHEREAS, the Owner objects to involuntary annexation by the City and desires to have the
Property remain in the City's extraterritorial jurisdiction as well as retain the Agricultural/Open
Space appraisal status on a certain portion thereof, in consideration for which the Owner agrees
to enter into this Agreement; and
WHEREAS, the Owner's above-recited objection to involuntary annexation by the City shall
not be construed as: (1) satisfying the requirements of filing a written protest under Chapter 43
of the Texas Local Government Code, including but not limited to Section 43.063(b); or (2)
negating or having any effect on the Property being deemed to be voluntarily annexed if same
should occur pursuant to Section 3 or Section 5 of this Agreement; and
WHEREAS, the City does not make any guarantee as to the Property retaining any specific tax
tax status or classification, whether agriculture, wildlife management, timber land or otherwise,
as such tax classifications are determined by the Central Appraisal District of Collin County and
not by the City; 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 Full Term (as defined in
Section 5 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 and agrees to the continuation of the extraterritorial status of the
Owner's Property, guarantees and agrees to its immunity from annexation by the City, and
guarantees and agrees to Owner's immunity from City property taxes, during the Full Term,
subject to the provisions of this Agreement. Except as specifically 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 Full Term. If the Property is annexed in accordance with this Agreement, the City shall
provide full services to the Property pursuant to Chapter 43 of Texas Local Government Code in
accordance with a service plan adopted by the City as set forth in Section 3 and Section 5 of this
Agreement.
Section 2. The Owner covenants and agrees not to use the Property for any use other than for
agriculture, including the raising of livestock and crops, wildlife management, and/or timber
land as such are defined in Chapter 23 of the Texas Tax Code, and for any existing single
family residential use of the Property, and any accessory residential uses of the Property,
without the prior written consent of the City. The City agrees that the Property may be used for
the foregoing enumerated uses for the Full Term.
The Owner further covenants and agrees that the Owner will not file any type of subdivision plat
or development plat for the Property with Collin County or the City until the Property has been
annexed into, and zoned by, the City. Owner covenants and agrees at all times during the Full
Term 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 the City unless such construction is otherwise allowed in an AG-Agricultural
District zone within the City, save and except any existing uses on the Property that are not
contained in the City's AG zoning district which uses are permitted throughout the Full Term .
.The Owner also covenants and agrees that the City's AG-Agricultural District zoning
requirements as such exist on the effective date of this Agreement apply to the Property, unless
otherwise provided in this Agreement.
The Owner acknowledges that each and every current owner of the Property must sign this
Agreement in order for the Agreement to take full effect, and the owner(s) signIng this
Agreement covenants and agrees, jointly and severably, to indemnify, hold harmless, and defend
the City against any and all claims brought by any person(s) or entity(ies) not signatories to this
Agreement, but claiming an ownership interest in the Property to the extent that any such claims
attempt to invalidate, render void or voidable, or otherwise modify the parties' rights and
obligations under this Agreement.
Section 3. The Owner acknowledges that if any plat or related development document is filed in
violation of this .Agreement, then any provision of this Agreement that restricts or otherwise
limits the City's ability to annex the Property or any portion thereof is void. In the event that the
City annexes the Property or any portion thereof subsequent to such a violation, the Owner, and
all of the Owner's heirs, successors and assigns, agrees that such annexation shall be
conclusively presumed to have been adopted with the consent of all appropriate and necessary
persons and entities as though a petition for annexation had been duly tendered by all of the
owners of the Property. 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.
However, as an express condition to City'S right to annex the Property, the City must approve a
service plan to provide full municipal services to any portion of the Property annexed in the
manner set forth in Section 43.056(b), (c), (e), (f), and (g) of the Texas Local Government Code,
as such provisions exist as of the effective date of this Agreement. The Owner further agrees that
the Owner will not in any manner contest any annexation of the Property or any portion thereof
initiated by the City under this Section 3 or any annexation of the Property or any portion thereof
completed by the City after the Full Term. Furthermore, the Owner hereby waives any 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 arise by virtue of any actions Owner has taken in
violation of Section 2 herein.
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 in the same manner
that such regulations are enforced within the City's boundaries provided that the enforcement of
such regulations shall not interfere with the lawful use of the Property for: (1) agriculture,
wildlife management, and/or timber land as such are defined in Chapter 23 of the Texas Tax
Code; (2) under the AG-Agricultural District regulations of the City; or (3) the existing single
family residential use, and any accessory residential use, of the Property. 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 Chapter 212
development agreement. The Owner does not waive its rights in any eminent domain action,
including but not limited to, the right to contest the public purpose of the condemning authority.
Section 5. This Agreement is effective as of the date that both the City and the Owner have duly
approved, executed and delivered this Agreement The initial term of this Agreement (the "Initial
Term") is ten (10) years from the effective date. Upon expiration of the Initial Term, this
Agreement shall automatically renew for up to two (2) additional extension terms of five (5)
years each unless-at least 120 days prior to the expiration of the Initial Term or any extension
term-the City or Owner provides written notice as set forth in Section 15 of this Agreement that
either party intends to terminate the Agreement upon expiration of the Initial Term or any
extension thereof, as applicable. The "Full Term" of this Agreement is defined as the period
beginning on the effective date and ending on the date that this Agreement terminates.
In addition to the voluntary annexation provisions in Section 3 of this Agreement, the Owner,
and all of the Owner's heirs, successors and assigns shall be deemed to have filed a petition for
voluntary annexation far enough in advance of the end of the Full Term to allow for annexation
of the Property or any portion thereof to be completed upon the termination of this Agreement.
The Owner agrees that any such annexation shall be conclusively presumed to have been adopted
with the consent of all appropriate and necessary persons and entities as though a petition for
annexation had been duly tendered by all of the owners of the Property. The City may initiate
procedures in preparation for such an annexation of all or a portion of the Property under this
Section 5 before the expiration of this Agreement, provided, however, that the City may not
annex any part of the Property under this Section 5 before the expiration of this Agreement.
Further, as an express condition to City's right to annex the Property or any portion thereof under
this Section 5, the City must first approve a service plan to provide full municipal services to any
portion of the Property annexed in the manner set forth in Section 43.056(b), (c), (e), (f), and (g)
of the Texas Local Government Code, as such provisions exist as of the effective date of this
Agreement. If annexation proceedings begin pursuant to this Section 5, 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 and the Owner
further agrees that the Owner will not in any manner contest any annexation of the Property or
any portion thereof initiated by the City under this Section 5 or any annexation of the Property or
any portion thereof otherwise completed by the City after the Full Term. Furthermore, the
Owner hereby waives any vested rights and claims that they may have under Section
43.002(a)(2) and Chapter 245 of the Texas Local Government Code to the extent that such
would in any manner prevent or delay an annexation as described under this Section 5.
Section 6. Once any portion of the Property is annexed pursuant to this Agreement, it will
initially be zoned AG-Agricultural notwithstanding provisions to the contrary in the City's
zoning regulations, unless not less than 90 days prior to expiration of the Full Term, the Owner
requests a change to commercial or residential zoning in accordance with the provisions of the·
City'S then existing zoning regulations. If Owner makes such request, the City shall consider
such request within a reasonable time. The failure of Owner to request a zoning change not less
than 90 days prior to the expiration of the Full Term shall not prevent the initiation of or request
for a permanent zoning change to a commercial or residential zoning district once the Property or
any portion thereof is annexed.
Section 7. Any person who sells or conveys any portion of the Property shall, give written notice
of this Agreement to the grantee, and shall give written notice of the sale or conveyance to the
City.
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. Unless specifically citing its retroactive effect, 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. 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.
Section 15. All Notices and other communications hereunder shall be in writing and shall be
deemed to be given when delivered in fully legible form by postage prepaid certified mail, return
receipt requested. Notices shall be addressed to City or Owner and their respective legal
representatives at the addresses set forth below:
If to City:
City Manager
City of Anna
P.O. Box 776
III N. Powell Parkway
Anna, Texas 75409
If to Owner:
John Rattan
700 N. McDonald St. (Hwy 5)
McKinney, Texas 75069
With Mandatory Copy to:
Mark S. Houser
Brown & Hofmeister, L.L.P.
740 East Campbell Road, Suite 800
Richardson, Texas 75081
Clark McCoy
Wolfe, Tidwell & McCoy, LLP
2591 Dallas Parkway, Suite 205
Frisco, TX 75034
Entered into this I .:3 day of ..J)~b__ ,2010.
THE STATE OF TEXAS }
COUNTY OF
eo/L/; }
This instrument was acknowledged before me on the 13~ay of f}et~&<f,(/' ,2010,
by Philip Sanders, City Manager, City of Anna, Texas.
~fA'f~ . ~....-.. ,,\ Natha J Wilkison .,y.:..t,.;'\.. My CommiS5ion Expires ~~~ 11/1312013
THE STATE OF TEXAS }
COUNTY OF Cotlio }
Thi~ent ~3'0wledged before me on the ~day o~,2010,
by y. J~ , Owner 1. ~~q.\~~~.!:..~~ II,,~ so ..·· ",I<V P ••••""'t-~ ~ Q ~..·O....*U(9 ... -;.. ~ Q' ~ i" i;\~~\..ceb ~ll\'lU..o . ~ \. ~;" ...~./ J .. - • '" OF ,~r. ....
Notary Public, State 0 Texas ~ o····f.-tP'Re&..·.... ,f~/ \S'·o··..·..··... #'I"" 4.20\" ,,-III \'I'.,\"
""'"lilli'"
THE STATE OF TEXAS }
COUNTY OF ___ }
This instrument was acknowledged before me on the day _______,2010,
by ,Owner 2.
Notary Public, State of Texas
EXHIBIT A
SITUATED in Collin County, Texas in the W. M. Kitchens Survey, Abstract No. 504, the Robert A. Johnson Survey,
Abstract No. 479, and in the J. Coffman Survey abstract No. 197 and containing 117.5 acres ofland more or less and
being more particularly described by metes and bounds as follows:
BEGlNNlNG at the northeast comer ofthe Rancho Del Norte, section 1, lot 1 as recorded in document Number 93
0085091 of the Collin County Plat Records and in the west right-of-way line ofU. S. 75;
THENCE north 80 degrees 13 minutes 57 seconds west a distance of 131.35 feet to a point for comer;
THENCE north 86 degrees 19 minutes 28 seconds west a distance of 2,654.84 feet to a point for comer in the center of
County Road number 286;
THENCE north 4 degrees 35 minutes 25 seconds east a distance of 866.66 feet with the center of County Road number
286 to a point for comer;
THENCE south 83 degrees 57 minutes 55 seconds east a distance of 596.36 feet with the center of County Road number
286 to a point for comer;
THENCE north 4 degrees 39 minutes 23 seconds east a distance of 1,893.68 feet with the center of County Road number
286 to a point for comer;
THENCE south 75 degrees 27 minutes 26 seconds east a distance of 736.75 feet leaving the center of County Road
number 286 to a point for comer;
THENCE south 21 degrees 12 minutes 34 seconds west a distance of 800.20 feet to a point for comer in the center of
County Road number 284;
THENCE south 85 degrees 34 minutes 26 seconds east a distance of 1,514.0 feet with the center of County Road number
284 to a point for comer;
THENCE south 2 degrees 21 minutes 6 seconds east a distance of 127.66 feet to a point for comer;
THENCE south 88 degrees 00 minutes 55 seconds east a distance of 21.68 feet to a point for comer;
THENCE south 4 degrees 25 minutes 30 seconds west a distance of 30.95 feet to a point for comer;
THENCE south 89 degrees 04 minutes 32 seconds east a distance of322.52 feet to a point for comer in the west right-of
way ofU. S. Highway Number 75;
THENCE in a southerly direction with the west right-of-way line as follows:
South 02 degrees 16 minutes 45 seconds west, 74.39 feet;
South 13 degrees 31 minutes 16seconds west, 400.23 feet;
South 27degrees 24 minutes 41 seconds west, 208.66 feet;
South 19 degrees 14 minutes 19 seconds west, 202.27 feet;
South 13 degrees 35 minutes 35 seconds east, 218.5 feel;
South 07 degrees 43 minutes 53 seconds west, 202.24 feet;
South 11 degrees 11 minutes 08 seconds west, 424.50 feet to the PLACE OF BEGlNNlNG save and except
land within County Road Number 286 and containing 117.5 acres ofland more or less.
AATTA.N LE.GAL
IN A.REA. "0"
i,-400.23' S 13d31'16" W
i
/208.66' S 27d24'41"W
I
!-202.27' S 19d14'19" W
117.5 acres
{\_~ 218.50' S 13d35'35" E
\
;-202.24' S 7d43'S3" W ,