HomeMy WebLinkAboutRes 2012-09-11 Initiating Annex Proceedings for Slater Crk.pdfCITY OF ANNA, TEXAS
RESOLUTION NO. 2012-09-11
(City Annexation of Property East of Ferguson Parkway (CR 367), South of West White
Street, and West of Slayter Creek
(Containing approximately 83.4 acres)
A RESOLUTION ESTABLISHING THE DATES, TIMES, AND PLACES FOR PUBLIC
HEARINGS FOR THE ANNEXATION OF PROPERTY AND DIRECTING THE CITY
MANAGER TO OFFER ON BEHALF OF THE CITY TO MAKE A DEVELOPMENT
AGREEMENT WITH THE OWNERS OF PROPERTY WITHIN THE AREA PROPOSED FOR
ANNEXATION
WHEREAS, in order to better protect the health, safety, and welfare of the citizens of Anna, the
City Council of the City of Anna wishes to consider annexation of certain property described in
Exhibit A; and
WHEREAS, said territory lies adjacent or Contiguous to the present boundaries of the City of
Anna, Texas; now therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA THAT
Section I.
The City Council of the City of Anna hereby proposes to annex the property Shown in Exhibit A.
Section 2.
Public hearings regarding the proposed annexation are hereby scheduled as follows:
1s` Public Hearing — November 13, 2012 at 7:30 p.m. in the City Council Chambers at the
Anna City Hall Administrative Building, 111 N. Powell Pkwy, Anna, TX
2"d Public Hearing — November 27, 2012 at 7:30 p.m, in the City Council Chambers at the
Anna City Hall Administrative Building, 111 N. Powell Pkwy, Anna, TX
Section 3.
The City Council hereby directs the City Manager to prepare a service plan that provides for the
extension of full municipal services as required and appropriate for the area shown in Exhibit A.
Section 4.
The City Council hereby directs the City Manager offer on behalf of the City, to make the
Development Agreement, attached hereto as Exhibit B, with the owners of all properties located
within the area proposed for annexation, including the owners of properties that are appraised
for property tax purposes as land for agricultural, wildlife management use, or as timber land (as
defined in Subchapter C, D, or E Chapter 23, Tax Code).
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PASSED by the following vote of all members of the City Council as present on this the 25th
day of September, 2012.
AYES
ATTEST:
City Pecr6rary, Natha Wilkison
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EXHIBIT B
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/or 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 [insert short propertydescription]; 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/or 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 any existing single-family residential use of the Property, without the prior
written consent of the City.
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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 SF-E—Single Family Residential – Large Lot District zoning requirements apply
to the Property, and that the Property shall be used only for SF-E—Single Family Residential –
Large Lot 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)(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.
Section 5. The term of this Agreement (the "Term") is one year 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
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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 SF -E
Single Family Residential — Large Lot 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
111 N. Powell Parkway
Anna, Texas 75409
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. 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.
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Entered into this day of
2012.
Philip Sanders
City Manager, City of Anna, Texas
THE STATE OF TEXAS }
COUNTY OF COLLIN }
This instrument was acknowledged before me on the _day of , 2012, by Philip Sanders,
City Manager, City of Anna, Texas.
Notary Public, State of Texas
Owner 1
Printed Name:
THE STATE OF TEXAS)
COUNTY OF }
This instrument was acknowledged before me on the _day of 2012, by
Owner 1.
Notary Public, State of Texas
Owner 2
Printed Name:
THE STATE OF TEXAS }
COUNTY OF }
This instrument was acknowledged before me on the _day
Owner 2.
of ,
2012, by
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Notary Public, State of Texas
Owner 3
Printed Name:
THE STATE OF TEXAS }
COUNTY OF }
This instrument was acknowledged before me on the _day of 2012, by
, Owner 3.
Notary Public, State of Texas
Owner 4
Printed Name:
THE STATE OF TEXAS }
COUNTY OF }
This instrument was acknowledged before me on the
, Owner 4.
Notary Public, State of Texas
day of , 2012, by
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EXHIBIT "A"
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