HomeMy WebLinkAboutRes 2013-10-03 Paula Powell Development Agreement.pdfCITY OF ANNA, TEXAS
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A RESOLUTION ADOPTING A DEVELOPMENT AGREEMENT BETWEEN THE CITY
OF ANNA AND PAULA J POWELL, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAME ON BEHALF OF THE CITY.
WHEREAS, the City of Anna, Texas (the "City") and Paula J. Powell (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. The Agreement is not valid unless properly executed by the City
Manager.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 22nd
day of October 2013.
APPROV /�_/-----TTEST:
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Na*Via Wilkison, ity Secretary
Mike Crist, Mayor
RES. 2013-10-03 Development Agreement W/Paula Powell PAGE 1 OF 1 10-22-13
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 65.12 acre tract of land located in the Joseph Slater
Survey, Abstract No. 868 and Abstract No. 856 (Exhibit A), referred to herein as the
"Property", and 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 tern (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.
Page 11
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 as necessary for the Proposed Additional Facilities defined below, Owner
covenants and agrees that the Owner will not file any type of subdivision plat or related
development document or application for the Property with Collin County or the City
until the Property has been annexed into, and zoned by, the City.
Other than the Proposed Additional Facilities defined below, 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
the Property at the time of the execution of this Agreement, and for agricultural, wildlife
management, and/or timber land uses as defined in Chapter 23 of the Texas Tax Code, as
provided in this Agreement.
The Proposed Additional Facilities include the construction of not more than a total of
four (4) single family homes by the Owner or by members of the Owner's immediate
family, provided such homes shall not be a manufactured or mobile homes.
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 Additional
Facilities 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 Owner will not discharge or authorize anyone to
discharge any firearm on the Property, except as expressly set forth in Section 4 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.
City agrees that trees located on the Property may be removed by the Owner for the
purpose of developing the Property, and that this Agreement shall be a waiver of any City
Page 12
ordinance prohibiting the removal of trees from the Property for the purpose stated
herein.
City agrees that the subdivision design of land located adjacent to the Property shall
provide for a reasonable number and reasonable locations of street openings to the
Property consistent with Part III -A (Subdivision Regulations), Article I1I, Section 1.03
(d)(3) of the Anna City Code of Ordinances. City agrees to allow the Owner of the
Property reasonable access to any such streets so provided on adjacent parcels consistent
with the City's development regulations.
To the extent water and sewer main lines with adequate capacity to serve the Property are
accessible to the Property, City agrees to allow Owner access to said water and sewer
main lines to develop the Property, consistent with this Agreement and Part III -A of the
Anna City Code of Ordinances.
Section 4.
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 authorizes 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
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 4, 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) or 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 4 or any annexation of the Property
completed by the City after the expiration of the Term of this Agreement.
Section 5.
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.
Section 6.
Page 13
This Agreement is effective as of the date that both the City and the Owner have duly
approved, executed and delivered this Agreement. The term of this Agreement is fifteen
(15) years from the effective date. 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) or 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 7.
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 8.
Any person who sells or conveys any portion of the Property shall, prior to such sale or
conveyance, give 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, successors , 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 as set forth
in Section 16 of the Agreement.
Section 9.
This Agreement shall rein with the Property and be recorded in the real property records
of Collin County, Texas.
Section 10.
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 11.
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 12.
Page 14
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 13.
Exclusive jurisdiction and venue for disputes arising out of or related in any way to this
Agreement shall be in Collin County, Texas.
Section 14.
This Agreement may be separately executed in individual counterparts and, upon
execution, shall constitute one and the same instrument.
Section 15.
Sections 2, 3, 4, 5, and 6 shall survive the term of this Agreement to the extent necessary
for the full implementation of the provisions of those sections and for purposes of
Owner's duty to indemnify and hold City harmless.
Section 16.
All Notices and other communications hereunder shall be in writing and shall be deemed
to be given when delivered in fully legible form by postage prepaid certified mail, return
receipt requested. Notices shall be addressed to City or Owner and their respective legal
representatives, if set forth below, at the addresses set forth below:
If to City:
City Manager
City of Anna
P.O. Box 776
111 N. Powell Parkway
Anna, Texas 75409
With Mandatory Copy to:
Clark McCoy
Wolfe, Tidwell & McCoy, LLP
2591 Dallas Parkway, Suite 205
Frisco, TX 75034
If to Owner:
Paula J. Powell
1409 Danube Lane
Plano, TX 75075-6808
Page 15
Entered into this day of , 2013.
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 2013, by Philip
Sanders, City Manager, City of Anna, Texas.
Notary Public, State of Texas
Paula J Powell
THE STATE OF TEXAS }
COUNTY OF }
This instrument was acknowledged before me on the day of , 2013, by
Paula J. Powell who states under oath that she is the owner of the Property described herein and
has the authority to execute this document.
Notary Public, State of Texas
Page 16
9/11/2013
EXHIBIT A
CITY OF ANNA, TEXAS
65.12 ACRES IN THE
JOSEPH SLATER SCHLUTER SURVEY
ABSTRACT NUMBER 868
AND
ABSTRACT NO. 856
BEING a 65.12 acre tract of land in the Joseph Slater Schluter Survey, Abstract No. 868 and Abstract No. 856,
in Collin County, Texas, said tract of land being the same called 65 acre tract of land conveyed to Paula
Powell in three (3) tracts (Tract One: a called 23.5 acre tract; Tract Two: a called 24.5 acre tract; and Tract
Three: a called 15 acre tract) by deed now of record in Volume 4162, Page 2694 of the Deed Records of Collin
County, Texas, said 65.12 acre tract of land being more particularly described as follows:
BEGINNING at a point for corner, said point being the most westerly southwest corner of said 65.12 acre
tract, said point also being in the east line of the Pecan Grove, Phase 1 Addition to the City of Anna, Texas as
record document number 05-0096978 dated July 5, 2005 of the land records of Collin County, Texas
Thence N 00°38'37" W, along the west property line of said 65.12 acre tract and along the east line of said
Pecan Grove, Phase 1, a distance of 858.36 feet to point for corner, said point being in meanders of Slayter
Creek;
THENCE along the meanders of Slayter Creek the following general course and distances:
N 26059'59"
E, 21.37 feet
S 80°11'03"
E, 77.75 feet
N 57002'22"
E, 23.72 feet
N 0602935"
W, 43.21 feet
N 12058'34"
E, 66.95 feet
N 12003'35"
W, 67.63 feet
N 19016'55"
E, 75.20 feet
N 06034'38"
W, 63.08 feet
N 12048'11"
E, 39.50 feet
N 22058'55"
E, 32.94 feet
N 58035'11"
E, 2 8.3 1 feet
N 79055'09"
E 21.15 feet
S 74013'17"
E 49.54 feet
S 86058'45"
E 45.52 feet
N 86016'50"
E 84.48 feet
N 61014'06"
E 19.76 feet
N 55035'50"
E 85.41 feet
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N 35002'35"
E
109.33 feet
N 38028'51"
E
104.68 feet
N 44059'53"
E
29.27 feet
S 77052'54"
E
21.69 feet
S 52007'34"
E
64.94 feet
S 6104924"
E
22.76 feet
N 81017'21"
E
15.84 feet
N 82005'40"
E
67.12 feet
N 5303548"
E
52.00 feet
N 04035'08"
W
54.63 feet
N 30015'59"
E
78.12 feet
N 44016'58"
E
34.76 feet
N 54034'12"
E
60.23 feet
N 09029'58"
W
28.09 feet
N 19048'16"
E
30.18 feet
N 68013'42"
E
36.38 feet
S 89035'17"
E
79.51 feet
N 45°24'11"
E
77.17 feet
N 8505845"
E
50.21 feet
N 68°31'59"
E
50.15 feet
N 32034'13"
E
44.99 feet
N 05°29'01"
E
13.67 feet
Thence N 01°51'36" W, leaving the meanders of said Slayter Creek and along the west property line of said
65.12 acre tract, a distance of 512.94 feet to a point for a corner, said point being a point along the west line of
said 65.12 acre tract;
Thence N 00°01'52" E, continuing along the west property line of said 65.12 acre tract, a distance of 1,141.04
feet to a point for a corner, said point being the northwest corner of said 65.12 acre tract;
Thence N 88°2149" E, along the north line of said 65.12 acre tract for a distance of 1,733.65 feet to a point for
a corner, said point being a point in the approximate channel of Slayter Creek within the US Soil Conservation
Service Reservoir No. 46;
Thence S 53°34'38" W, along the approximate channel of Slayter Creek within the said US Soil Conservation
Service Reservoir No. 46 and the easterly property line of said 65.12 acre tract, a distance of 823.14 feet to a
point for corner;
Thence S 46°36' 15" W, along the approximate channel of Slayter Creek within the said US Soil Conservation
Service Reservoir No. 46 and the easterly property line of said 65.12 acre tract, a distance of 262.90 feet to a
point for a corner;
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Thence N 73°34'04" W, along the approximate channel of Slayter Creek within the said US Soil Conservation
Service Reservoir No. 46 and the easterly property line of said 65.12 acre tract, a distance of 151.89 feet to a
point for a corner;
Thence S 29°24'50" W departing the approximate channel of Slayter Creek within the said US Soil
Conservation Service Reservoir No. 46 and along the easterly property line of said 65.12 acre tract, a distance
of 424.86 feet to a point for a corner, said point being in the center of said Slayter Creek;
Thence S 56°29'32" W, along a easterly property line of said 65.12 acre tract and along the channel of said
Slayter Creek, a distance of 12.65 feet to a point for a corner;
Thence S 04°07'27" E, departing the centerline of Slayter Creek and along the east property line of said 65.12
acre tract, a distance of 1,676.50 feet to a point for a corner;
Thence N 51'33'18" W, along the south property line of said 65.12 acre tract, a distance of 311.99 feet to a
point for a corner, said point being the most southerly southeast corner of said 65.12 acre tract;
Thence N 81°26'58" W, along a southerly north property line of said 65.12 acre tract, a distance of 85 8.3 9 feet
to a point for a corner, said point being an angle point in the southern line of said 65.12 acre tract;
Thence S 15'40'13" W, along a southerly property line of said 65.12 acre tract, a distance of 1,263.15 feet to a
point for a corner, said point being an angle point in the southern line of said 65.12 acre tract;
Thence S 88'29'10" W, along the south line of said 65.12 acre tract, a distance of 396.63 feet to the POINT
OF BEGINNING, said tract containing 65.12 acres, more or less.
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400
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BEARING
DISTANCE
DNL
BEARING
L7
.
N 2659'59' E
21.37'
L21
S 775254' E
21.69'
L2
S 80'11'03' E
77.75'
L22
S 5707'34' E
64.94'
L3
N 5r02'22- E
23.72'
L23
S 61'49'24' E
22.76'
L4
N 06'29'35' W
43.21'
L24
N 81'17'21' E
15.84-
L5
N 1758'34' E
66.95'
L25
N 8705'40' E
67.12'
L6
N 1703'35' W
67.63'
L26
N 5535'48' E
52.00'
L7
N 19'16'55' E
75.20'
L27
N 04'35'08' W
54.63'
L8
N 06'34'38' W
63.08'
L28
N 30'15'59" E
78.12'
L9
N 1748'11' E
39.50'
L29
N 44'16'58' E
34.76'
L10
N 2758'55' E
32.94'
L30
N 54'34'12' E
60.23'
L71
N 58'35'11' E
28.31'
L31
N 09'29'58' W
28.09'
L12
N 79'55'09' E
21.15'
L32
N 19'48'16' E
30.18'
L13
S 7413'17' E
49.54'
L33
N 68'13'42' E
36.38'
L14
S 86'58'45' E
45.52'
L34
S 89'35'17' E
79.51'
L15
N 86'16'50' E
84.48'
LIS
N 45'24'11' E
77.17'
L16
N 61'14'06' E
19.76'
L36
N 65'58'45' E
50.21'
L17
N 55'35'50' E
85.41'
L37
N 68'31'59' E
50.15'
L18
N 35'02'35' E
109.33'
L38
N 3734'13' E
44.99'
L19
N 38'28'51' E
104.68'
L39
N 05'29'01' E
13.67'
L20
N 44'59'53' E
29.27'
` PLOT SCALE 1:2
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EXHIBIT
0
/C ITY OF ANNA, TEXAS
65.12 ACRES IN THE
')EPH SLATER SCHLUTER SURVEY
I. THE
NATES: BEARING; ABSTRACT N0. 868
THIS PUT MEI
PLANE CENTRAL A N D
NORM CENTRAL
2. A HELD NOTE
DATEHERUM ABSTRACT N0. 856
SEPT. 2013
Page 4 of 4