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HomeMy WebLinkAboutRes 2022-07-1214 Paragon Realty Group Service Agreement for 0.02 acresCITY OF ANNA, TEXAS RESOLUTION NO. o 'QOT4JIq A RESOLUTION ADOPTING A CONDITIONAL AGREEMENT REGARDING SERVICES RELATED TO ANNEXATION OF A 0.02f ACRE TRACT OF LAND WHEREAS, Chapter 43 of the Texas Local Government Code authorizes the annexation of territory, subject to the laws of this state; and WHEREAS, the City of Anna, Texas (the "City") is a Texas home -rule municipality; and WHEREAS, Section 43.0671 of the Texas Local Government Code authorizes a municipality to extend the boundaries of the municipality and annex areas by request of the owner(s) of the areas; and WHEREAS, on or about July 6, 2022, the respective owners submitted a written request to the City for annexation of a tract of land into the corporate limits of the City (the "Annexation Tract") 9 and WHEREAS, the Annexation Tract is a 0.02 acre tract of land situated in the David Van Winkle Survey, Abstract No. 937, Collin County, Texas, being part of a tract (Tract Three) conveyed to Alex Johnson in Document No. 20111208001327520 of the deed records of Collin County, Texas; and WHEREAS, the Annexation Tract is described as a portion of a lot more specifically in EXHIBIT A which was not annexed by Ordinance No. 532-2010, EXHIBIT B. attached hereto; and WHEREAS, the owners of the Annexation Tract have executed a conditional written agreement regarding municipal services to be provided by the City in accordance with Texas Local Government Code § 43.0672 (the "Conditional Agreement") and said agreement is as set forth in EXHIBIT C, attached hereto; and WHEREAS, the Conditional Agreement is conditioned on the City of Anna City Council (the "City Council") adopting an ordinance annexing the Annexation Tract described above on or before the 26th day of July 2022 and if the City Council does not adopt such ordinance on or before said date then the Conditional Agreement shall be null and void in its entirety; and WHEREAS, the City desires to adopt and enter into the Conditional Agreement; provided, however, that the Conditional Agreement shall not require the City Council to annex the Annexation Tract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF ANNA, TEXAS: SECTION 1. The recitals set forth above are hereby incorporated in this resolution as if set forth in full for all purposes. City of Anna, Texas Resolution No. Page 1 of 2 SECTION I The City Council hereby approves and enters into the Conditional Agreement and authorizes the City Manager to execute said agreement on behalf of the City. SECTION I This resolution shall become effective immediately upon the date and tune of its adoption and it is accordingly so resolved. PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THIS THE 26TH DAY OF JULY 2022. CITY SECRETARY City of Anna, Texas Resolution No. Page 2 of 2 EXHIBIT "A" FIELD NOTE DESCRIPTION A 3.021 ACRE TRACT OF LAND THAT IS A PART OF THE DAVID VAN WINKLE SURVEY, ABSTRACT NO. 937, COLLIN COUNTY, TEXAS, BEING ALL OF TRACTS ONE (1), TWO (2) AND THREE (3) OF THE TRACT CONVEYED TO ALEX JOHNSON IN DOCUMENT NO. 20111208001327520 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS, BEING FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND 1!2" IRON ROD WITH CAP AT THE SOUTHEASTERLY CORNER OF THAT TRACT CONVEYED TO RICHARD DZANSKI IN DOCUMENT NO. 20150826001080360 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS, BEING ALSO ON THE NORTHWESTERLY RIGHT OF WAY LINE OF SAM RAYBURN HIGHWAY; THENCE NORTH 28°29'42" WEST ON THE EASTERLY LINE OF SAID DZANSKI TRACT, A DISTANCE OF 508.53 FEET TO A FOUND 5/8" IRON ROD ON THE SOUTHERLY LINE OF TRACTS OWNED BY WKG ENTERPRISES LTD; THENCE SOUTH 89°53'44" EAST ON A SOUTHERLY LINE OF SAID WKG TRACT, PASSING AT 55.57 FEET A FOUND 5/8" IRON ROD, A TOTAL DISTANCE OF 334.59 FEET TO A FOUND 518" IRON ROD AT THE NORTHWESTERLY CORNER OF THAT TRACT CONVEYED TO TREY SPYROPOULOS IN DOCUMENT NO.20080606000688540 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS; THENCE ON THE WESTERLY LINE OF SAID SPYROPOULOS TRACT THE FOLLOWING TWO COURSES; SOUTH 33002'03" EAST, A DISTANCE OF 121.41 FEET TO A FOUND 5/8" IRON ROD, SOUTH 72046'58" EAST, A DISTANCE OF 199.22 FEET TO A FOUND 3/8" IRON ROD WITH CAP AT THE SOUTHWESTERLY CORNER OF SAID SPYROPOULOS TRACT, BEING ON THE NORTHWESTERLY RIGHT OF WAY LINE OF SAM RAYBURN HIGHWAY; THENCE SOUTH 50039'52" WEST ON SAID RIGHT OF WAY LINE, PASING AT 149.9I FEET A FOUND 1/2" IRON ROD, AT 299.91 FEET A FOUND 5/8" iRON ROD, FORA TOTAL DISTANCE OF 450.52 FEET TO THE POINT OF BEGINNING. STREET ADDRESS 4877 SAM RAYBURN HWY ANNA, TX 75409 RlCHARO DZANSKI DOCUMENT NQ, 2015062600106OJ60 N /" b t00' GRAPHIC SCALE 50 too LEGAL DESCRIPTION SEE ATTACHED EXHIBlI WKC ENTERPRISES LTO DOCUMENT NO, 19190812001`020170 ET AL S89'53'44 E 3d4.59' dDD. RDD fc ND 5/8' rcrc�e N kYSD tow W; AL£X JOHNSON srffo DOCUMENT NO, 20111208001327520 3,021 ACRES Ex�snrtc RESfOENC£ TREY SPYROPOULOS DOCUMENT NO, 20080606000688540 RRCv70 Si ROD // IIH CAPON 6�,. �f ?q lg9?2r F z �� A`�6EfS\G6 R�8 f 1RON 5f0c \ POINT OF BEGINNING•�. ` FOUND I/? IRON ROD 10 CAP SYMBOL LEGEND MONUA!£NT FOUND AS NOT£p O IJONUMENf SET AS NO/f.D () RECORD VALUE PER DEED NO O AIFASUREO VALUE IN£ BEARINGS SNOISN HER£OV ARE 8ASE0 ON iH£ NORJHKEST LINE OF SAM RAYBURN HIGHWAY, NANNG A CRlD BEARING OF SOLIDI 50:T952' N£Sb TEXAS COORDINATE SYSTEAI OF 198l, NOR7N Cfl1 TRAL 7.ON£. cERnFlcAnoN iH1S SURVEY IS 1N£ RESULT OF AN ON- )HE -GROUND SURVEY, AND MERE ARE NO O1SCR£PANClES ••... •............... CAYFLAPPI G OF L CES IN AREA, ENCROACHMENTS S49g OVfRLAPPWG OF WPROVEM£NTS OR ROADWAYS £XCEAT AS 041ERDISE S1fOKN BY THE SURVEY, ALL A(QVUAIENTS SNOKN EXST AND THE LOCA nON AND SIZE SHOIVN ARE TRUE AND CORRECT. "'U SIIRV FATE.• OCT08ER d, 2071 SURVEY .roe/; 21-It89 CYIENTiNfp44fAAA4 SURVEYMINFGI4MAT10N SURVEY INVOICE /.' ?J9 �>Rm Irk BRAD WELLS, RPLS 315 FAIRLAND DRIVE XELLER IHLLtAMS PARAGON CROUP PARHAM GHASSEAII WYLIE, TX 75098 mnzpNE (405) 305-8325 )HIS SURVEY 15 PREPARED MR DIE Wellsbg@igmoll.com fXCLUSfW USE ANO 8ENF.F7I' OF DIE ACCORDING TO FEMA F,I.R.A(. MAP 680B5COt80J PARRES LISIEO HERCON, UABIMY FO KTDI AN EFFECnVE DATE OF OV/02/2009, ni£ DAIE R£NSION l DATE RENS}ON 2 ORAD PARTIES MAY NOT BE SUOJECT PROPERTY LIES IN ZAY£ X , AN AREA ,_ TRANSFERRED OR ASSIGN£0, OF NM/MAt FLOOD HAZARD. Area N CITY OF ANNA, TEXAS ORDINANCE N0.532-2010 AN ORDINANCE ANNEXING INTO THE CITY OF ANNA, TEXAS THE HEREINAFTER DESCRIBED TERRITORY ADJACENT TO AND ADJOINING THE CITY OF ANNA, TEXAS, TO WIT: BEING A CERTAIN AREA OF LAND SITUATED IN THE D. VAN WINKLE LAND SURVEY, ABSTRACT NUMBER A0937, SISTER GROVE ESTATES, HIRAM BRINLEE LAND SURVEY, ABSTRACT NUMBER A0030, Jno C. NEIL LAND SURVEY, ABSTRACT NUMBER A0659, AND THE JAS SORREL LAND SURVEY, ABSTRACT NUMBER A0858, COUNTY OF COLLIN, STATE OF TEXAS; AMENDING THE OFFICIAL CITY MAP, PROVIDING FOR A SERVICE PLAN; REQUIRING THE FILING OF THIS ORDINANCE WITH THE COLLIN COUNTY CLERK; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Anna, Texas ("City"} is a home -rule municipality located in Collin County, Texas, created in accordance with the provisions of the Texas Local Government Code and operating pursuant to the enabling legislation of the State of Texas and the City's Home -Rule Charter; and WHEREAS, the City desires to annex into its corporate limits the hereinafter described territory adjacent to and adjoining the City (hereinafter, referenced as the "Territory"), to it: being a certain area of land situated in the D. Van Winkle land survey, Abstract Number A0937, Sister Grove Estate, Hiram Brinlee land survey, Abstract Number A0030, J. C. Neil land survey, Abstract Number A0659, and the Jas Sorrel land survey, Abstract Number A0858, County of Collin, State of Texas and more particularly described in the attached Exhibit A, which is incorporated herein for all purposes; and WHEREAS, all statutory notice requirements relating to the annexation of the Territory pursuant to Chapter 43 of the Texas Local Government Code have been satisfied; and WHEREAS, two public hearings were conducted in accordance with Section 43.052 of the Texas Local Government Code to consider the annexation of the Territory; and WHEREAS, said public hearings were conducted and held no more than forty (40) days nor less than twenty (20) days prior to the institution of annexation proceedings; and WHEREAS, the City Council of the City of Anna, Texas ("City Council") has determined that it would be advantageous and beneficial to the City, its citizens, and the inhabitants of the Territory, to annex the Territory to the City, and WHEREAS, the City Council has determined that the Territory is adjacent to and adjoins the City; and Ord. 532-2010 annexation area n.doc PAGE 1 OF 4 124440 Area N WHEREAS, the City Council has investigated, determined and officially finds that no part of the Territory is within the extraterritorial jurisdiction of any other incorporated city or town; and WHEREAS, to the extent that this ordinance would cause an unincorporated area to be entirely surrounded by the City's corporate limits, the City Council has found —and incorporates herein its finding that surrounding the area is in the public interest; and WHEREAS, a service plan providing for the extension of municipal services into the Territory, which was prepared prior to and made available at the aforementioned public hearings, is attached hereto as Exhibit B and incorporated herein for all purposes; and WHEREAS, all procedures and proceedings related to this ordinance and to the annexation of the Territory have been undertaken and acted upon in accordance with the Texas Open Meetings Act, as applicable; and WHEREAS, after hearing the arguments for and any arguments against the annexation of the Territory, the City Council finds that the Territory should be annexed; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. Incorporation of Recitals. The above -stated recitals are incorporated into this ordinance as if set forth in full here for all purposes. Section 2. Territory Annexed. (a) The Territory, described in Exhibit A attached hereto, which is hereby made an integral part of this ordinance, lying adjacent to and adjoining the present corporate boundaries of the City, is hereby added and annexed into the City, and the Territory shall hereafter be included within the corporate boundary limits of the City, and the present boundary limits of the City are altered and amended so as to include the Territory within the corporate limits of the City. (b) From and after the passage of this ordinance, the Territory shall be a part of the City, and, subject to the municipal service plan referenced in Section 4 of this ordinance, the inhabitants thereof shall be entitled to all of the rights, privileges and immunities as all other similarly situated citizens of the City, and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the general laws of the State of Texas. Section 3. Official City Map Amended. (a) The official map and boundaries of the City's corporate limits are hereby amended so as to include the Territory. Ord. 532-2010 annexation area n.doc PAGE 2 OF 4 12-1M10 1 W (b) The City Manager is hereby directed and authorized to perform or cause to be performed all acts necessary to update the official map of the City to add the Territory hereby annexed as required by law, but any delay in or failure to update such map shall in no way impact or affect the validity of this ordinance or this annexation. Section 4. Municipal Service Plan. The municipal service plan for the Territory, attached hereto as Exhibit B. was submitted in accordance with Chapter 43 of the Texas Local Government Code and is hereby approved as part of this ordinance. Section 5. Filing of Ordinance. The City Secretary is hereby directed to file or cause to be filed a certified copy of this ordinance in the office of the County Clerk of Collin County, Texas, and any other necessary agencies, including the United States Department of Justice. Section 6. Cumulative Repealer. This ordinance shall be cumulative of all other ordinances and shall not repeal any of the provisions of such ordinances except for those instances where there are direct conflicts with the provisions of this ordinance. Ordinances, or parts thereof, in force at the time this ordinance shall take effect and that are inconsistent with this ordinance are hereby repealed to the extent that they are inconsistent with this ordinance. Section 7. Severability. If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the City Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 8. Engrossment and Enrollment. The City Secretary of the City of Anna is hereby directed to engross and enroll this ordinance by copying the Caption in the minutes of the City Council of the City of Anna and by filing this ordinance in the ordinance records of the City. Section 9. Effective Date. This ordinance shall be in full force and effect from and after its date of passage. PASSED by the City Council of the City of Anna, Texas, this 14th day of December, 2010, by the following vote of the members of the City Council as present: AYES 7 NAYS 0 /t1c�3�_11r!MWf Ord. 532-2010 annexation area n.doc PAGE 3 OF 4 12-14-10 rlewho I f� I ATTEST: lir.!ecreta • APPROVED: • -mow fa Ord. 532-2010 annexation area n.doc PAGE 4 OF 4 12-1A-10 Eahibt A Tract 1 Situated in Collin County, Texas and being part of the Hiram Brinlee Survey, Abstract No. 30, the David VanWinkle Survey, Abstract No. 937, the J. Serrel Survey, Abstract No. 858, and being more particularly described as follows: BEGINNING in the east line of the Serrel Survey and the west line of the VanWinkle Survey, and being in the northwest right-of-way line of the Sam Rayburn Memorial Highway; THENCE north 51 degrees 37 minutes 57 seconds east a distance of 271.95 feet to a point for corner; THENCE north O1 degrees 04 minutes 59 seconds east a distance of 569.82 feet to a point for corner; THENCE north 50 degrees 50 minutes 29 seconds east of 816.32 feet to a point for comer; THENCE north 88 degrees 29 minutes 45 seconds east of 292.55 feet to a point for comer; THENCE south 44 degrees 59 minutes 59 seconds east of 150.12 feet to a point for comer; THENCE south 76 degrees 23 minutes 59 seconds east of 136.30 feet to a point for comer; THENCE north 51 degrees 15 minutes 03 degrees 00 seconds east of 253.04 feet to a point for corner; THENCE south 89 degrees 14 minutes 47 seconds east of 874.33 feet to a point for comerI THENCE south 50 degrees 48 minutes 42 seconds west of 3,187.32 feet to a point for comer; THENCE north 00 degrees 38 minutes 22 seconds east of 469.21 feet to a point for corner; THENCE south 89 degrees 34 minutes 10 seconds west of 143.22 feet to a point for comer; THENCE south 50 degrees 48 minutes 42 seconds west of 1,821.96 feet to a point for comer; THENCE south 18 degrees 18 minutes:)/ seconds east of 481.61 feet to a point for comer; THENCE south 50 degrees 48 minutes 42 seconds 71 west of 3,401.28 to a point for corner; THENCE north 00 degrees 43 minutes 03 seconds west of 554.26 feet to a point for corner; THENCE south 51 degrees 06 minutes 17 seconds west of 1,093.06 feet to a point for corner; THENCE south 53 degrees 22 minutes 55 seconds west of 1,001.53 feet to a point for corner; THENCE south 00 degrees 21 minutes 03 seconds west of 555.56 feet to a point for comer; T1iENCE south 53 degrees 39 minutes 51 seconds west of 1,016.70 feet to a point for corner; THENCE north 88 degrees 13 minutes 50 seconds west of 1,620.46 feet to a point for corner; THENCE north 53 degrees 39 minutes 51 seconds east of 3,019.60 feet to a point for corner in a curve to the left with a radius of 11,500 feet and a chord bearing of north 52 degrees 14 minutes 17 seconds a distance of 572.44 feet, TIIENCE with said curve a distance of 572.50 feet; THENCE north 50 degrees 48 minutes 42 seconds east of 1,827.32 feet to a point for comer; THENCE south 27 degrees 07 minutes OS seconds east of 441.32 feet to a point for corner; THENCE north 47 degrees 50 minutes 19 seconds east of 162.13 feet to a point for corner; THENCE north 53 degrees 48 minutes 04 seconds east of 106.99 feet to a point for comer; THENCE north 22 degrees 18 minutes Ol seconds west of 448.06 feet to a point for corner; THENCE north 50 degrees 48 minutes 42 seconds east of 418.34 feet to a point for corner; THENCE south 11 degrees 29 minutes 28 seconds west of 219.79 feet to a point for corner; THENCE south 03 degrees 50 minutes 54 seconds west of 394.84 feet to a point for corner; THENCE north 53 degrees 48 minutes 08 seconds east of 348.61 feet to a point for corner; THENCE north 40 degrees 06 minutes 17 seconds east of 202.48 feet to a point for comer; THENCE north 51 degrees 46 minutes 59 seconds east of 28.13 feet to a point for corner; THENCE north 62 degrees 35 minutes 57 seconds east of 159.85 feet to a point for corner; THENCE north 50 degrees 11 minutes 40 seconds east of 1,281.05 feet to a point for corner; THENCE north 53 degrees 24 minutes 32 seconds east of 518.17 feet to a point for comer; THENCE north 50 degrees 03 minutes 48 seconds east of 1,751.40 feet to the PLACE OF BEGINNING and containing 173.68 acres of land more or less save and except areas that are already within the City Limits of Anna. Tract 2 Situated in Collin County, Texas and being part of the David VanWinkle Survey, Abstract No. 937, and being more particularly described as follows: BEGINNING in the most easterly intersection of the right -of --way line of F. M. Highway 455 and the south line of Wild Rose Farms Subdivision; THENCE south 86 degrees 56 minutes 22 seconds east a distance of 388.23 feet to a point for corner; THENCE south 175.53 feet to a point for Gomez; THENCE east 262.60 feet to a point for corner; THENCE south 299.84 feet to a point for corner; THENCE west 227.42 feet to a point for comer in a non tangent curve to the left with a radius of 776.52 feet and a chord bearing of north 40 degrees 26 minutes 36 seconds west a distance of 651.86 feet; THENCE northwesterly with said curve a distance of 672.70 feet to the PLACE OF BEGINNING and containing 3 acres of land more or less save and except areas that are already within the City Limits of Anna. Tract 3 Situated in Collin County, Texas and being part of the David VanWinkle Survey, Abstract No. 937, and being more particularly described as follows: BEGINNING in the southwesterly intersection of the right-of-way line of F. M. Highway 455 and the southeast right -of --way line the Sam Rayburn Memorial Highway; THENCE north 46 degrees 41 minutes OS seconds east a distance of 131.89 feet to a point for comer; THENCE north 50 degrees 52 minutes 42 seconds east a distance of l,l 11.73 feet to a point for corner; THENCE north 89 degrees 54 minutes 59 seconds east a distance of 694.26 feet to a point for corner; THENCE south 50 degrees 48 minutes 42 seconds west a distance of 1,395.58 feet to a point for corner; THENCE north 89 degrees 20 minutes 53 seconds west a distance of 334.24 feet to a point for corner; THENCE north 77 degrees 22 minutes 23 seconds west a distance of 169.63 feet to a point for corner; THENCE north 56 degrees 03 minutes 23 seconds west a distance of 85.93 feet to the PLACE OF BEGINNING and containing 13.7 acres of land more or less save and except areas that are already within the City Limits of Anna. Tract 2 LEGAL IN AREA "N" radius = 776.52 length = 672.70 chord bearing = 651.86' N 40d26'36" EXHIBIT B ANNEXATION SERVICE PLAN PC�LICE PROTECTION On the effective date of annexation, the City of Anna, Texas and its Police Department will provide police protection to the newly annexed area at the same or similar level of service now being provided to .other areas of the City of Anna, Texas with similar #opography, land use, and population density within the newly annexed area. FIRE PROTECTION On the effective date of annexation, the City of Anna, Texas and its t=ire Department will provide fire protection to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. -EMERGENCY MEDICAL SERVICES On the effective date of annexation, the City of Anna, Texas, through its contract with Collin County or another service provider, will provide emergency medical services to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. SOLID WASTE GOLI=EGTION On the effective date of annexation, the City of Anna, Texas, through its contract with i3radshaw and Son or another service provider, will provide solid waste collection to residents and businesses in the newly annexed area (to the extent that the service provider has access to the area to be serviced) at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. Such service will be provided in accordance with existing City policies and Ordinances, and only upon payment of any required deposits and the agreement to pay lawful service fees and charges for solid waste collection. Residents and businesses of the newly annexed area that have existing contracts with solid waste service providers have two years from the date of annexation or until the termination date of the existing contract, whichever is sooner, to begin solid waste Page 1 of 4 collection service through the City. Solid waste collection is mandatory for City of Anna residents and businesses operating within the city limits. WATER AND WASTEWATER FACILITIES On the effective date of annexation, any and all water or waste water faces owned by the City of Anna, Texas at the time of annexation shall be maintained and operated by the City of Anna, Texas. Of such facilities, the City will maintain the main water transmission and wastewater collection lines. All water and wastewater service lines (up to and including the service line connection with the City's main line, shall be maintained by the property owner served by the service connection. Residents and owners of property in newly annexed areas that are located within the Nty's water or wastewater CCN will be offered water and wastewater service in accordance with City policies and ordinances in existence at the time of annexation or as may be amended from time4o4ime by the City Council. Generally, these ordinances state that the land owner or customer must bear the cost of construction of water and wastewater system facilities to a point where suitable connection to the existing system can be made and service to the customer can be provided. All water and wastewater facilities designed to connect to the City's existing system must be approved by the City and meet all City zoning, subdivision, and other development ordinances and requirements. ROADS AND STREETS On the effective date o#annexation, any and all existing public roads or streets in the newly annexed area which have been dedicated to Collin County, Texas or to the City of Anna, Texas, or which are owned by the City of Anna, Texas shall be maintained to the same degree and extent that other roads and streets are maintained in areas of the City with similar topography land use and population density. Specific maintenance activities are determined by available funding and the need for maintenance as determined by the City. The City is not obligated to maintain any portion of a private road or street. Any and all lighting of roads and streets which may be positioned in a public right of way, roadway or utility company easement shall be maintained by the applicable utility company servicing that area of the City of Anna, Texas pursuant to the rules regulations and fees of such utility. An owner of land within the newly annexed area that desires to develop said .property will be required pursuant to the ordinances of the City of Anna, Texas to provide internal and peripheral streets and to construct those streets in accordance with the specifications required by the City of Anna, Texas. Page 2 of 4 PARKS PLAYGROUNDS AND SWIMMING POOLS OR ANY OTHER PUBLICLY OWNED FACILITY BUILDING OR SERVICE The City Council of the City of Anna, Texas is not aware of the existence of any public parks, public playgrounds, public swimming pools, or any other publicly owned facility, building or service now located in the area proposed for annexation. In the event any such parks, playgrounds, swimming pools, or any other public facilities, buildings or services do exist and are public facilities, the City of Anna, Texas will maintain such areas upon annexation to the same extent and degree that it maintains public parks, public playgrounds, public swimming pools, other public facilities buildings or services and other similar areas of the City now incorporated in the City of Anna, Texas. To the extent that i# becomes necessary because of development demands .population growth or a bona fide need, the City Council of the City of Anna, Texas will undertake to provide any such facility which it deems necessary to .adequately provide for the health and safety of the citizens of the newly incorporated area based upon the standard considerations of topography, land use and population density. aTHER MUNICIPAL SERVICES Following annexation by the City of Anna, Texas, the City will .provide code enforcement, planning, and animal control services to the newly annexed area, to the extent such services are funded in the annual budget and provided by the City within its full -purpose boundaries. Such services will be provided to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. CONSTRUCTION OF CAPITAL ;IMPROVEMENTS The City Council of the City of Anna, Texas finds and determines it to be unnecessary #o acquire or construct specific capital improvements for the purposes of providing full municipal services to the newly annexed area. The City Council finds and determines that it has at the present time adequate facilities to provide the same type, kind and level of service which exists in and is presently being administered to other areas already incorporated in the City of Anna, Texas with the same or similar topography, land use and population density. SPECIFIC FINDINGS The City Council of the City of Anna, Texas finds and determines that this proposed Service Plan will not provide any fewer services and it will not provide a lower level of service in the area proposed to be annexed than were in existence in the proposed area at the time immediately preceding the annexation process. Furthermore the City Council of the City of Anna, Texas finds and determines that the rural nature of the area Page 3 of is characteristically different from other more highly developed areas within the corporate limits of the City of Anna, Texas. Consequently because of the differing characteristics of topography, land use, and population density the service levels which may ultimately be provided in the newly annexed area may differ somewhat from services provided in other areas of the City of Anna, Texas. These differences are specifically dictated because of differing characteristics of the property. The City of Anna, Texas will undertake to perform consistent with this contract so as to provide this newly annexed area with the same type, kind and quality of service presently enjoyed by the citizens of the City of Anna, Texas who reside in areas of similar topography, sand use and population density. TERM This Service Plan shall be valid for a term of ten (10) years. Renewal of the Service Plan shall be at the discretion of the City Council. This Service Plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this Service Plan unworkable or obsolete. The City Council may amend the Service Plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056. Rage 4 of 4 AGREEMENT REGARDING SERVICES This Agreement Regarding Services (this "Agreement" or "Service Plan") is entered into this 26th day of July, 2022 by and between Paragon Realty Group, LLC, and the City of Anna, Texas a home rule municipality. The real property that is the subject of this Service Plan is d as follows: 4877 Sam Rayburn Highway. 0.02±acres. The northwestern point of the property, located on the north side of Sam Rayburn Memorial Highway (S.H. 121), 2,070± feet west of E Farm to Market Road 455 AGREEMENT CONDITIONED ON ANNEXATION This Agreement is conditioned on the City of Anna City annexing the Subject Property described above on or bE If the City Council does not adopt such ordinance on Agreement shall be null and void in its entirety. Nothing the City Council to annex the Subject Property. it adopting an ordinance 26th day of July, 2022. 'ore said date then this Agreement shall require On the effective date of annexation, the City of Anna,`Texas and its Police Department will provide police protection to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use;, and population density within the newly annexed area. On the effective date of annexation; the City of Anna, Texas and its Fire Department will provide fire protection to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. Page 1 of 5 EMERGENCY MEDICAL SERVICES On the effective date of annexation, the City of Anna, Texas, through its contract with Collin County or another service provider, will provide emergency medical services to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. SOLID WASTE COLLECTION On the effective date of annexation, the City of Anna, CARDS Dallas, Inc. or another service provider, will residents and businesses in the newly annexed a provider has access to the area to be serviced) at the being provided to other areas of the City of Anna,, use, and population density within the newly annexed in accordance with existing City policies and Ordinance required deposits and the agreement to pay lawful waste collection. Solid waste collection through a su franchisee is mandatory for City of Anna residents a city limits unless provided for otherwise' by ordinance, w WATE R AN D WAS On the effective date of annE the City of Anna, Texas at tr the City of Anna, Texas. transmission and wastewater the building to the easemen owner served by the service ition, any and all time Of annexatio such facilities, t �1lection'lines. .All) right -of Texas, hrough its contract with provide solid waste collection to se rea (to the .extent that the service same or similar level of service now Texas with similar topography, land area. Such service will be provided s, and only upon payment of any rvice fees and charges for solid bscription with the City's solid waste nd businesses operating within the or wastewater facilities owned by II be maintained and operated by ity will maintain the main water and wastewater service lines from ►II be maintained by the property Residents and owners of property in newly .annexed areas that are located within the City's water or wastewater CCN will be offered water and wastewater service in accordance with City policies and ordinances in existence at the time of annexation or as may be amended from time -to -time by the City Council. Generally, these ordinances state that the landowner or customer must bear the cost of construction of water and wastewater system facilities to a point where suitable connection to the existing system can be made and service to the customer can be provided. All water and wastewater facilities designed to connect to the City's existing system must be approved by the City and meet all City zoning, subdivision, and other development ordinances and requirements. Page 2 of 5 ROADS AND STREETS On the effective date of annexation, any and Clll existing public roads or streets in the newly annexed area which have been dedicated to Collin County, Texas or to the City of Anna, Texas, or which are owned by the City of Anna, Texas shall be maintained to the same degree and extent that other roads and streets are maintained in areas of the City with similar topography land use and population density. Specific maintenance activities are determined by available funding and the need for maintenance as determined by the City. The City is not obligated to maintain any portion of a private road or street. Any and all lighting of roads and streets which may be positioned in a public right of way, roadway or utility company easement shall be maintained by the applicable utility company servicing that area of the City of Anna, Texas pursuant to the rules regulations and fees of such utility. An owner of land within the newly annexed area th be required pursuant to the ordinances of the City peripheral streets and to construct those streets required by the City of Anna, Texas. 00 1 ■ I =1 :41 :L1111] :14 M WK41TA \ & The City Council of the City of An parks, public playgrounds, public building or service now located in such parks, playgrounds, swimm services do exist and are public fa upon annexation to the same ext playgrounds, public swimming poo similar areas of the City now incorl To the extent that ,it becomes nec growth or a bona fide need, the C provide any such facility ,which it c and safety of the citizens of the considerations of topography, land OTHER MUNICIPAL na, Texas swimming the area SUM I WA s, m g pools, or a� y cilities the Cito en# and decree d in �esir•es to de Anna, Texas accordance p said property will rovide internal and the specifications OLS OR ANY 'are of the existence of any public any other publicly owned facility, for annexation. In the event any ether public facilities, buildings or na, Texas will maintain such areas t it maintains public parks, public buildings or services and other f Anna, Texas. ry because of development demands population uncil of the City of Anna, Texas will undertake to s necessary to adequately provide for the health ly incorporated area based upon the standard and population density. VICES Following annexation by the City of Anna, Texas, the City will provide code enforcement, planning, and animal control services to the newly annexed area, to the extent such services are funded in the annual budget and provided by the City within its full -purpose boundaries. In addition, the City will provide other municipal services that the City may from time to time provide to other similarly situated areas within the City's corporate limits. The services referenced in this paragraph will be provided to the newly annexed area at Page 3 of 5 the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. CONSTRUCTION OF CAPITAL IMPROVEMENTS The City Council of the City of Anna, Texas finds and determines it may be necessary to acquire or construct specific capital improvements for the purposes of providing full municipal services to the newly annexed area. These capital improvements shall be constructed as part of the development of the property and may be eligible for impact fee reimbursement. Subject to the foregoing, the City Council finds and determines that it has at the present time adequate facilities to provide the same type, kind and level of service which exists in and is presently being administered to other areas already incorporated in the City of Anna, Texas with the same or similar topography, land use and population density. SPECIFIC FINDINGS The City Council of the City of Anna, Texas will not provide any fewer services and it wi I kind and quality of service presently ei who reside in areas of similar topograp AMENDMENTS specifically dictated because of differing This Service Plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this Service Plan unworkable or obsolete. The City Council may amend the Service Plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056, Page 4 of 5 wnerisi. Paragon Realty Group, LLC a Texas Limited Liability Company By: Paragon Realty Group, LLC a Texas Limited Liability Company Its Manager By: Name: Parham Ghassemi Title: Manager IN WITNESS WHEROF: STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged be 20 , by City of Anna: Name: Title: C IN WITNESS STATE OF T COUNTY OF COLLIN This instrument was acknow Jim Proce as representative as owne before me on the City of Anna. of Texas Notary Public, State of Texas Page 5 of 5 2022, by