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HomeMy WebLinkAboutRes 2010-12-21 Development Agreement with Sherley Partners. LTD.pdfCITY OF ANNA, TEXAS RESOLUTION NO. 2010-12-21 A RESOLUTION ADOPTING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANNA AND SHERLEY PARTNERS LTD, AND AUTHORIZING THE CITY MANAGER TO EXECU·rE SAME ON BEHALF OF THE CITY. WHEREAS, the City of Anna, Texas (the "City") and Sherley Partners LTD (the "Owner") desire to enter into a Chapter 43 Texas Local Government Code Development Agreement (the "Agreemenf'); 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: PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 14th day of December 2010. APPROVED: ATTEST: Res. 201()..12-21 Development Agreement with Sherley Partners LTD.doc Page 1 of 1 12-14-10 STATE OF TEXAS ) ) COUNTY OF COLLIN ) CHAPTER 43 TEXAS LOCAL GOVERNMENT CODE DEVELOPMrnNTAGREEMrnNT 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) 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 the Texas Tax Code, except for existing single-family residential use of the Property, without the prior written consent of the 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. ~tion 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, 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 III N. Powell Parkway Anna, Texas 75409 ~tion 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 ofthis 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 ofthis 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 ofthis Agreement. Notary SectiOB 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 instrwnent. SectiOB 14. This Agreement shall survive its termination to the extent necessary for the implementation of the provisions of Sections 3, 4, and 5 herein . .A!:-"7J Entered into this / 'T Clay of 'IX''£! c.-,2010. .ty of Anna, Texas THE STATE OF TEXAS } COUNTY OF COLLIN } This instrument was acknowledged before me on ~y of &U"JI r, 2010, by Philip Sanders, City Manager, City of Anna, Texas. Public, Stay of Texas THESTATEOYTEXAS} COUNTY OFct:A \I W } J.Pi~ !Jlstrument was ~knOWledged before me on the I~ of ~ 2010, by 'hIlt,1>h<L\'l&'I P"C( Q&? ,Owner 1. JOMI L. HARLOW Notary Publk Stllte of reliCas Comm. Expires ,,-17-1014 EXBIBITA Traetl SITUATED in Collin County, Texas in the J. C. Neil Survey, Abstract No. 659, and the D. VanWinkle Survey, Abstract No. 937 in Collin County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a point in the north right-of-way line of the Sam Rayburn Memorial Highway and the east line ofF.M. 455 right-of-way and being more particularly described as follows; THENCE north 01 degrees 20 minutes 50 seconds east a distance of 173.21 feet to a point for corner in a curve to the left with a radius of473.44 feet and a chord bearing of north 09 degree 03 minutes 02 seconds a distance of 170.90 feet; THENCE with curve to the left a distance of 171.84 feet to a point for comer; THENCE east 227.42 feet to a point for comer; THENCE north 299.84 feet to a point for comer; THENCE west 262.60 feet to a point for comer; THENCE north 175.53 feet to a point for comer; THENCE south 87 degrees 59 minutes 51 secoods east a distance of422.31 feet to a point for comer; THENCE north 50 degrees 48 minutes 42 seconds east a distance of 1,246.27 feet to a point for comer; TlIb~CE south 27 degrees 36 minutes 33 secoods east a distance of 5 1.42 feet to a point for comer; THENCE south a distance of 56.98 feet to a point for comer; THENCE south 22 degrees 18 minutes 12 secoods west a distance of 100.96 feet to a point for corner; THENCE south 70 degrees 39 minutes 00 seconds west a distance of 109.94 feet to a point for comer; THENCE south 71 degrees 34 minutes 24 secoods west a distance of 82.74 feet to a point for comer; THENCE south 50 degrees 18 minutes 09 seconds west a distance of 102.41 feet to a point for comer; THENCE south 00 degrees 37 minutes 23 secoods west a distance of459.05 feet to a point for comer; THENCE south 50 degrees 53 minutes 52 secoods east a distance of 1,311.61 feet to a point for comer; THENCE north 57 degrees 29 minutes 33 seconds west a distance of 37.55 feet to the PLACE OF BEGINNING and containing 14.4 acres of land more or less. EXBIBITA Tract 2 SITUATED in Collin County, Texas in the D. VanWinkle Survey, Abstract No. 937 in Collin County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a point in the south right-of-way line of the Sam Rayburn Memorial Highway and the west line ofF.M. 455 right-of-way and being more particularly described as follows; THENCE south 56 degrees 03 minutes 23 seconds east a distance of 85.93 feet to a point for comer ; THENCE south 77 degrees 22 minutes 23 seconds east a distance of 169.63 feet to a point for comer; THENCE south 89 degrees 20 minutes 53 seconds east a distance of 334.24 feet to a point for comer; THENCE south 50 degrees 48 minutes 42 seconds west a distance of 2,478.21 feet to a point for comer; THENCE north 00 degrees 08 minutes 56 seconds east a distance of 83.63 feet to a point for corner; THENCE north 03 degrees 10 minutes 04 seconds east a distance of358.4 7 feet to a point for comer to a curve to the right with a radius of288 feet and a chord bearing of north 26 degrees 05 minutes 44 seconds east a distance of 224.39 feet; THENCE with said curve a distance of 230.49 feet to a point for comer; THENCE north 50 degrees 35 minutes 09 seconds east a distance of 1,593.42 feet to the PLACE OF BEGINNING and containing 20.1 acres of land more or less. ' EXBIBITA Traet3 SITUATED in Collin County, Texas in the J. Serrel Survey, Abstract No. 858, and the Hiram Brin1ee Survey Abstract No. 30 in Collin County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a point in the north right-of-way line of the Sam Rayburn Memorial Highway and the east line of the J. Serrel Survey Abstract No. 858; THENCE south 50 degrees 03 minutes 48 seconds west a distance of 1,151.40 feet to a point for comer; THENCE south 53 degrees 24 minutes 32 seconds west a distance of518.11 feet to a point for comer; THENCE south 50 degrees II minutes 40 seconds west a distance of 1,281.05 feet to a point for comer; THENCE south 62 degrees 35 minutes 57 seconds west a distance of 159.85 feet to a point for comer; THENCE north 03 degrees 00 minutes 00 seconds east a distance of 141.11 feet to a point for comer; TIIENCE north 45 degrees 03 minutes 21 seconds west a distance of 147.96 feet to a point for comer; THENCE north 59 degrees 32 minutes 30 seconds west a distance of 42.28 feet to a point for comer; TIIENCE north 76 degrees 16 minutes 52 seconds west a distance of 144.26 feet to a point for comer; THENCE north 50 degrees 45 minutes 05 seconds east a distance of4,092.64 feet to a point for comer; TIIENCE south 01 degrees 04 minutes 59 seconds west a distance of 569.69 feet to the PLACE OF BEGINNING and containing 38.8 acres ofland more or less. 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