HomeMy WebLinkAboutRes 2012-12-10 Dev Agrmt Malinowski - Slater Crk Rd.pdfCITY OF ANNA, TEXAS
RESOLUTION NO. 2012-12-10
A RESOLUTION ADOPTING A DEVELOPMENT AGREEMENT BETWEEN THE CITY
OF ANNA AND KAREN MALINOWSKI, AND AUTHORIZING THE CITY MANAGER
TO EXECUTE SAME ON BEHALF OF THE CITY.
WHEREAS, the City of Anna, Texas (the "City") and Karen Malinowski (the "Owner")
desire to enter into a Chapter 43 and Chapter 212 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 of the City.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 18 th
day of December 2012.
APPROVII ATTEST:
Wilkison, City Secretary
ren, Mayor Pro Tern Nath
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RES. 2012-12-10 Develop Agreement-Mallnowski-Slater Crk Rd PAGE 1 OF 1 12-18-12
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, commonly known as 9882 Slater Creels Road,; 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 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
malinou,ski agreement. doc
the Texas Tax Code, except for existing single-family residential use of the Property,
without the prior written consent of the City.
Except as may be required for the construction of a Proposed Accessory Building as
defined below, 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.
Other than a Proposed Accessory Building, 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 Proposed Accessory Building means the construction of an accessory
building not exceeding 1000 square feet. Use of the Proposed Accessory Building shall
be incidental and accessory to the existing residential and/or agricultural uses of the
Property. The Proposed Accessory Building shall not be used in connection with any
commercial or business activity. The Owner covenants and agrees to comply with all
applicable codes and ordinances of the City of Anna that would apply to the construction
of the Proposed Accessory Building if the Property were in the city limits, including but
not limited to any platting requirement, any requirement to obtain a building permit,
compliance with any applicable building or construction codes, and compliance with any
applicable zoning and development regulations for the AG – Agricultural District.
The Owner covenants and agrees that the discharge of any firearm on the Property shall
be prohibited, except as expressly set forth in Section 3 of 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 and agrees that—in addition to any other remedies
the City may have—any occurrence of one or more of the following acts will constitute a
petition for voluntary annexation by the Owner: (1) any plat or related development
document is filed in violation of this Agreement; (2) the Owner commences development
of the Property in violation of this Agreement; or (3) the Owner discharges or allows the
discharge of any firearm on the Property, unless the circumstances warrant such
discharge for the immediate protection of persons or property. Should any of those three
events occur, the Property will be subject to annexation at the discretion of the City
Council notwithstanding any other provision of this Agreement. The Owner agrees that
such annexation shall be voluntary and the Owner hereby consents to such annexation as
malinou,ski agreement. doc
though a petition for such annexation had been tendered by the Owner and joined by any
other persons having any interest in the Property. If annexation proceedings begin
pursuant to this Section 3, 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 3 or any annexation of the Property
completed by the City after the Tern 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 three 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
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:
malinou,ski agreement. doc
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.
Entered into this day of a,j 2012.
PhiV Sandys
City Manag ' ,C' y of Anna, Texas
THE STATE OF TEXAS
COUNTY OF COLLIN
This instrument was acknowledged before me on the rday of 2012, by Philip
Sanders, City Manager, City of Anna, Texas.
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Notar Public, S ate of Texas
malinowski agreement. doc
Natha J Wilkison
I'M" foy Commission Expiros
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Owner 2
Printed Name:
THE STATE OF TEXAS}
COUNTY OF }
This instrument was acknowledged before me on the _day of 2012, by
Owner 2.
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
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Owner 4
Printed Name:
THE STATE OF TEXAS}
COUNTY OF }
This instrument was acknowledged before me on the _day of 2012, by
, Owner 4.
Notary Public, State of Texas
malinowski agreement. doc
EXHIBIT "A"
malinowski agreement. doc
EXHIBIT A
BEING all that certain lot, tract or parcel of land located in the Joseph Schluter Survey, Abstract No. 856,
Collin County, Texas and being a part of a 39.679 acre tract of land conveyed to A.L. Geer, Trustee, by
deed recorded in Volume 891, Page 536, Deed Records, Collin County, Texas and being a part of a
46.616 acre tract of land conveyed to A.L. Geer, by deed recorded in Volume 1039, Page 895, Deed
Records, Collin County, Texas and being a part of a 4.24 acre tract of land conveyed to James E. Nails et
ux, Zoe Ann Nails by deed recorded in Volume 532, Page 1, Deed Records, Collin County, Texas and
being more particularly described as follows:
BEGINNING at a point in the center of a cul d' sac, said point being in the West line of a 7.5491 acre tract
of land conveyed to George Abraham and wife, Ivah Abraham, by deed recorded in Volume 1142, Page
93, Deed Records, Collin County, Texas;
THENCE South 87 deg 22 min 00 sec East, along an offset in said West line, a distance of 62.50 feet to a a
point for corner;
THENCE South 19 deg 41 min 11 sec East a distance of 902.69 feet to a point for corner;
THENCE South. 67 deg 46 min 33 sec West, 194.75 feet to a point for corner;
THENCE North 73 deg 25 min 10 sec West, 303.20 feet to a point for corner;
THENCE South 71 deg 23 min 32 sec West, 246.01 feet to a point for corner;
THENCE North 21 deg 21 min 05 sec East, along the East line of said 7.7586 acre tract of land, a distance
of 919.08 feet to a point for corner;
THENCE North 02 deg 38 min 00 sec East, continuing along said East line, a distance of 62.50 feet to the
PLACE OF BEGINNING and containing 7.52 acres of land.
EXHIBIT A
"MALINOWSKI TRACT"
LEGAL DESCRIPTION
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