HomeMy WebLinkAboutRes 2010-12-18 Development Agreement with Clinto Lawrence.pdfCITY OF ANNA, TEXAS
RESOLUTION NO. 2010·12·18
A RESOLUTION ADOPTING A DEVELOPMENT AGREEMENT BElWEEN THE CITY
OF ANNA AND CLINTON LAWRENCE, AND AUTHORIZING THE CITY MANAGER
TO EXECUTE SAME ON BEHALF OF THE CITY.
WHEREAS, the City of Anna, Texas (the "City") and Clinton Lawrence (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 Councilj 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
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 14th
day of December 2010.
ATTEST:
Res. 201()'12-18 Developer Agreement Clinton Lawrence.doc Page 1 of 1 12-14-10
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, 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) ofthis 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
the Texas Tax Code, except for existing single-family residential use of the Property,
without the prior written consent ofthe City.
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.
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 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 of this Agreement.
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.
Sedion 5. The tenn 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 Tenn, 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, 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.
Furthennore, 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 15409
Section 8. This Agreement shall run with the Property and be recorded in the real
property records of Collin County, Texas.
Sedion 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.
Sedion 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 ll. 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 provisions of Sections 3, 4, and 5 herein.
Entered into this L!:L day of~c e.....t'k b<.,-,2010.
City Manager, ty of Anna, Texas
THE STATE OF TEXAS}
COUNTY OF COLLIN }
This instrument was acknowledged before me on the~y of IJ~,2010, by Philip
Sanders, City Manager, City of Anna., Texas.
No PUbiiC}Stat#Texas
EXHIBIT "A"
EXHIBIT A
SITUATED in Collin County, Texas in the Hiram Brinlee Survey, Abstract No. 30, in Collin County, Texas, and being
more particularly described by metes and bounds as follows:
COMMENCING from the southwest comer of Lot 1 ofthe Sister Grove Estates Subdivision, said comer also being in
the north right-of-way line of the Sam Rayburn Memorial Highway; Thence in a northeasterly direction with the north
right-of-way line as follows: North 51degrees 30 minntes 50 seconds east, 269.85 feet; North 48degrees 05 minutes 48
seconds east 410.42 feet; North 53 degrees 48 minutes 04 seconds east 251.43 feet to the PLACE OF BEGINNING;
THENCE north 18 degrees 58 minutes 24 seconds east a distance of 416.86 feet to a point for comer;
THENCE north 32 degrees 41 minutes 51 seconds east a distance of305.16 feet to a point for comer;
THENCE south 59 degrees 32 minutes 30 seconds east a distance of 50.33 feet to a point for comer;
THENCE south 45 degrees 38 minntes 41 seconds east a distance of 85.48 feet to a point for comer;
THENCE south 42 degrees 01 minutes 47 seconds east a distance of 54.77 feet to a point for comer;
THENCE south 03 degrees 00 minntes 00 seconds west a distance of 147.llfeet to a point for comer;
THENCE south 51 degrees 46 minutes 59 seconds west a distance of28.13 feet to a point for comer;
THENCE south 40 degrees 06 minutes 17 seconds west a distance of202.48 feet to a point for comer;
THENCE south 53 degrees 48 minutes 08 seconds west, 348.61 feet to the PLACE OF BEGINNING and containing
2.74 acres ofland more or less.
CLINT LAWRENCE TRACT
I N AREA "N"
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