HomeMy WebLinkAboutRes 2010-12-16 Development Agreement with Bo Peep Crossen and Jan Marie Swalwell.pdfCITY OF ANNA, TEXAS
RESOLUTION NO. 2010·12·16
A RESOLUTION ADOPTING A DEVELOPMENT AGREEMENT BETWEEN THE CITY
OF ANNA AND BO PEEP CROSSEN AND JAN MARIE SWALWELL, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAME ON BEHALF OF THE
CITY.
WHEREAS, the City of Anna, Texas (the "City") and Bo Peep Crossen and Jan Marie
Swalwell (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 ofthe City.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 14th
day of December 2010.
ATTEST:
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Secdoo ll. No sUbsequent change in the law regarding annexation shall affcct the
enforceability of this Agreement or the City's ability to annex the properties covered
herein pursuant to the terms of mis 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 sun;ive its tenninatioD 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 io fully legible fonn by postage prepaid
certified mail, retum receipt requested. Notices sball 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 176
III N. Powell Parkway
Anna. Texas 75409
Witb Mandatory Copy to:
Darle: McCoy
Wolfe, Tidwell & McCoy. u.p
2591 Dallas Parkway, Suite 205
Frisco, TX 75034
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Entered into this/!:/-day of.:pC<'~b"-'<C .2010. ,
~a;Q~-~-
City ~~~y of Anna, Texas
THE STATE OF TEXAS )
COUNTY OF COLLIN }
This instrument was acknowledsed before me on the Q?f..~ay of Iktt:tt..Ar. 2010, by Philip
Sanders, City Manager, City ofAnna, Texas.
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THESTATEO~}
COVNTYOF ~}
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Tbi~was acknowledged before me on the L.!i:.day
~S5e." .Ownerl.
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~ Name: ere 0.0 5'.)4..l ~c..Li
THE STATE O~TE~J
COUNTlt OF l..AiIC?Ce<}
This iDstrument was aclcoowledgcd belote me on thel.!:l:day of Lkeem1er 2010. by
~n S!(bjrue JI .Owner 2.
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____________________ _
Notary Public, State of Texas
Owner 3
PrinredNrune: _______________________
TIlE STATE OF TEXAS }
COUNTY OF }
'This instnuneat was acknowledged before me on the _day of ____• 2010. by
__________, Owner 3.
Notary Public, State of Texas
Owner 4
Prin~dN~:
THE STATE OF TEXAS }
COUNIYOF )
This inSb'Ument was acknowledged before me on the _day of ____, 2010, by
___~______.~er4.
Notary Public. State ofTexas
P13 391J'd N3SS~:J08 166L99913P6
EXHIBIT A
SITIJATED in Collio County, Texas in the J.C. NciU Survey, Abstracr No. 659, and being more padicuJ.a:rly desc:ribed
by metes and bounds as follows:
BEGINNING at the intersection of the south line of COUllty Road Number 424 with the center of Sister Grove Creek;
THENCE generally southerly wil:b the meanders of Sister Grove Creek. to the northwest comer of a tract of land
conveyed to Burgess. lloberc P. &: Kelley A. as recorded in Volume 4330 Page 1886 of the Deed records of CoUin
County T cxas to a point for comer;
THENCE easterly with said Burge-ss IraCt approximately 940 feet to the soUChwtst corner of a 30.331 acre tracl of hmd
conveyed to Brad Nevil by Tract 2 ofDOCllment# 20090814001023290 as rcoordcd in tbe Deed Records of Collin
County Texas;
THENCE northerly nonheast with the west boundary of the Ncvil30.331 acre tract foUowing a creek to the
southwestern COmer of a second tract conveyed to Brad Nevil containing 10 acres by Document# 20090814001023300
as reconied in the Deed Reco.rda ofCollin County Texas;
THENCE continuing with the west line of the 10 acre Brad Nevilaact to a tract of land <lOni/eyed to Stacy Shertl:
containing 12.018 acres by Docwnent# 20070711000951960 as recorded in tbe Deed Records of CaD in County Texas;
THENCE continuing with the west line of the 12.018 acre Sca.cy SherIz tract to a poirlt in the south line of County Road
NumbeF424;
THENCE wested), with the soUlb line OfCOWlty Road Number 424 approximately 1,150 feet to !be PLACE OF
BEGINNING and containing 39.7 acres ofland more or less.
N3SS0~:)oe 't6GL99913P6
JOAN SWALWELL & BO PEEP CROSSEN PROPERTY
39.7 ACRES
CR424
SCHIi!RTZ
PmIPERTV
JOAN SWALWELL &
BO PEEP CROSSEN
PROPERTY NEVI.. PROPERTY
SISTER GROVE CReEK--
NEVIL PROPERTY
BURGESS
PROPeRTY
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