HomeMy WebLinkAboutRes 2022-11-1310 LandVast Dev Service AgreementCITY OF ANNA, TEXAS
RESOLUTION NO. ),0 2 o2 — I I -131Q
A RESOLUTION ADOPTING A CONDITIONAL AGREEMENT REGARDING
SERVICES RELATED TO ANNEXATION OF A 78.4E 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 August 8, 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");
and
WHEREAS, the Annexation Tract is a 77.87E acres tract of land situated in the John M. Kincade
Survey, Abstract No. 509, and John M. Kincade Survey, Abstract No. 510, Collin County, Texas,
conveyed to LandVest Partners, LLC, recorded in County Clerk's file No. 20220228000319240,
official public records, Collin County, Texas; and
WHEREAS, the Annexation Tract is described more specifically in EXHIBIT A, 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 B, 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 8th day of November 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.
SECTION 2. 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.
City of Anna, Texas Resolution No. ,2 2 — Page i of 2
I Z 6 W 7{-t 34 T;�- 754GCi
SECTION 3. This resolution shall become effective immediately upon the date and time 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 8TH DAY OF NOVEMBER 2022.
CITY OF ANNA, TE
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TE PIKE
LYOR
ATTEST:
CARRIE L. LAND
CITY SECRETARY
City of Anna, Texas Resolution No. — I I — 1310 Page 2 of 2
EXHIBIT A METES AND BOUNDS DESCRIPTION
TRACT 1
BEING a 77.87 Acre Tract of land out of the John M. Kincade Survey, Abstract 510, and the John
M. Kincade Survey, Abstract 509, and being further described by metes and bounds as
follows:
BEGINNING at a 1/2 Inch Iron Rod Found for the Southeast Corner in the North Right -of -Way
line of West Farm to Market Road 455, as described in Volume 372, Page 243, Deed
Records of Colin County, Texas, same being the Southwest Corner of a 29.77 Acre Tract
of land described in County Clerk File No. 20180925001201240, Deed Records of Collin
County, Texas;
THENCE South 77036'45" West-1028.45 feet along the North Right -of -Way line of said West
Farm to Marked Road 455 to a Point in the East line of a 63.99 Acre Tract of land
described in County Clerk File No. 20140313000236380, Deed Records of Collin County,
Texas, for a Corner;
THENCE North 3035'52" East -14.00 feet along the East line of said 63.99 Acre Tract to a Point
for a Corner, same being the Northwest Corner of said 63.99 Acre Tract of land;
THENCE North 86°02'43" West - 501.30 feet along the North line of said 63.99 Acre Tract of
land to a Point for a Corner;
THENCE North 43045'41" West - 122.49 feet along the North Right -of -Way line of said West
Farm to Market Road 455 to a Point for a Corner;
THENCE along the meanderings of Hurricane Creek as follows:
North 63°48'23" East - 140.02 feet; South 75015'51" East - 49.90 feet;
South 57°40'00" East - 44.20 feet; North 89044'36" East-107.41 feet;
North 48°55'48" East-103.32 feet; North 64°54'23" East - 74.46 feet;
North 62'17'41" East - 124.25 feet; North 14037'26" East - 95.67 feet;
North 32°25'00" East - 54.23 feet; North 12°35'00" West - 51.32 feet;
North 9°33'43" West - 110.71 feet; North 32008'42" East - 77.87 feet;
South 83041' 15" East-102.37 feet; North 73044' 18" East - 93.90 feet;
North 16'23' 10" East-115.20 feet; North 52046'50" East - 88.53 feet;
North 35°10'33" West - 93.83 feet; North 22153'55" West - 103.54 feet;
North 8° 10'48" West - 94.81 feet; North 6°41'57" East-127.38 feet;
North 1 *01 "25" West - 93.69 feet; North 7'54' 12" East-133.31 feet;
North 54°07'56" East - 46.44 feet; North 77°55'56" East - 76.64 feet;
Page 6 of 8
North 35°34'33" East-124.65 feet; North 13° 10'24" East - 201.43;
North 8°46'59" West - 117.12 feet; North 25°51'32" West - 30.29 feet;
South 76°28' 11" West - 15.45 feet; North 70°48'07" West - 69.74 feet;
North 31°28'46" West - 33.06 feet; North 7°42'30" West - 63.04 feet;
North 26°34' 17" East - 95.71 feet; North 27°46'49" East-100.83 feet;
North 24°27' 13" East - 124.78 feet; North 19°30'51" East - 75.28 feet;
North 27°13'41" West - 36.27 feet; North 44°39'26" East-125.27;
North 68°45' 18" East - 240.64; North 66°00'29" East - 72.36 feet;
North 32°19' 15" East - 80.62 feet; North 9°29'39" East - 89.76 feet;
North 2"15'58" West-150.07 feet; North 32°04'56" East - 70.96 feet;
North 38°59'00" East -64.23 feet; North 36°54'37" East - 65.70 feet;
North 9° 17'24" East -55.85 feet; North 31 °59'29" West - 82.42 feet;
North 70'19'07" West - 56.76 feet; North 63'13'35" West -83.18 feet;
North 43°48'05" West -97.72 feet; North 57°26'30" West - 73.98 feet;
North 37°46' 16" West-109.38 feet; North 25154'03" West - 85.00 feet;
North 2198'07" West -91.88 feet; North 1 °04'42" West-120.37 feet;
North 27°24'32" West - 128.59 feet; North 2093'50" West - 113.81 feet;
North 7°00'29" West - 64.14 feet; North 8°40'57" East - 81.41 feet;
North 51°45'31" East-126.70 feet; North 63°47'35" East-111.19 feet;
North 53°45'52" East-113.07 feet; North 57°55'42" East-151.71 feet;
North 81°30'03" East - 209.84 feet; North 67'16'36" East - 92.02 feet to a Point for a Corner in
the West line of a 262.04 Acre Tract of land described in County Clerk File No.
20150529000631020, Deed Records of Collin County, Texas, same being the Northwest
Corner of said 262.04 Acre Tract;
THENCE South 1 °42' 14" West-1900.42 feet along the West line of said 262.04 Acre Tract to
a 1/2 Inch Iron Rod Found for a Corner;
THENCE South 24° 14'34" East - 75.83 feet to a 1/2 Inch Iron Rod Found for a Corner in the
North line of said John M. Kincade Survey, Abstract 510;
THENCE South 89°28'30" East-349.90 feet along the North line of said John M. Kincade
Survey, Abstract 510, to a 1/2 Inch Iron Rod Found for a Corner;
Page 7 of 8
THENCE South 2°35'46" West—1187.46 feet along the West line of said 262.03 Acre Tract of
land to a 1 /2 Inch Iron Rod Found for a Corner;
THENCE South 89'15'47" West—368.75 feet along the North line of a 29.77 Acre Tract of land
described in County Clerk File No. 20180925001201240, Deed Records of Collin County,
Texas, to a Point for a Corner, same being the Northwest Corner of said 29.77 Acre Tract;
THENCE South 097'07" West—1124.68 feet along the West line of said 29.77 Acre Tract of
land to the POINT OF BEGINNING and containing within these calls a calculated area
of 77.87 Acres of land, more or less.
Page 8of8
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AGREEMENT REGARDING SERVICES
This Agreement Regarding Services (this "Agreement" or "Service Plan") is entered into
this 8th day of November, 2022 by and between Anna FM 455 77 I.LC, and the City of
Anna, Texas a home rule municipality.
SUBJECT PROPERTY
The real property that is the subject of this Service Plan is described as follows:
The Parks at Hurricane Creek. 78.0± acres. Generally located on the north side of
Farm -to -Market Road 455, 3,830± feet west of Standridae
Boulevard.
AGREEMENT CONDITIONED ON ANNEXATION
This Agreement is conditioned on the City of Anna City Council adopting an ordinance
annexing the Subject Property described above on or before the 8th day of November,
2022. If the City Council does not adopt such ordinance on or before said date then this
Agreement shall be null and void in its entirety. Nothing in this Agreement shall require
the City Council to annex the Subject Property.
POLICE 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
topography, 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 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.
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, Texas, through its contract with
CARDS Dallas, Inc. 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. Solid waste collection through a subscription with the
City's solid waste franchisee is mandatory for City of Anna residents and businesses
operating within the city limits unless provided for otherwise by ordinance.
WATER AND WASTEWATER FACILITIES
On the effective date of annexation, any and all water or wastewater facilities 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
from the building to the easement or right-of-way 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
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.
ROADS AND STREETS
On the effective date of 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.
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 it 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.
OTHER 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. 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 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 finds and determines that this 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 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, land use and
population density.
AMENDMENTS
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.
Owner, Us.:
Anna FM 455 77 LLC
a Texas Limited Liability Company
LandVest Development, LLC
a Texas Limited Liability Company
Its Manager
By:
eA .100-
Name: Charles Covey
Title: Manager
IN WITNESS WHEROF:
STATE OF TEXAS
COUNTY OF"
t Y°. Jennifer Varna
My Commission Exfxl +
0511312024
ID No. 4638958
�F'pf�c
p7i�
This instrume s ackno ged before me on the o00 day of
2Q , by q/� as owner of fop / !✓!/O,,/17,e4X �
/W4II.
ary Publi tate of Texas
City of Anna:
By:
e: Jim Proce
Title: City Manager
IN WITNESS WHEROF:
STATE OF TEXAS
COUNTY OF COLLIN
This instrument was acknowledged before me on the J$t�ay of
2022, by Jim Proce as representative of the City of Anna.
:"•" e1-. CARRIE L. LAND
a:
My Notary ID41'419404 Notary Public, State of Texas
'
Expires February 4, 2023 age 4 of 5
`"9,F oF;E�r
Collin County
Honorable Stacey Kemp
Collin County Clerk
Instrument Number: 2022000166512
Real Property
RESOLUTION
Recorded On: November 17, 2022 01:46 PM
Number of Pages: 11
" Examined and Charged as Follows: "
Total Recording: $62.00
*********** THIS PAGE IS PART OF THE INSTRUMENT ***********
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information:
Document Number:
Receipt Number:
Recorded Date/Time
User:
Station:
2022000166512
20221117000381
November 17, 2022 01:46 PM
Kacy M
Station 8
Record and Return To:
CITY OF ANNA
120 W 7TH ST
ANNA TX 75409
STATE OF TEXAS
Collin County
I hereby certify that this Instrument was filed in the File Number sequence on the date/time
printed hereon, and was duly recorded in the Official Public Records of Collin County, Texas
Honorable Stacey Kemp
Collin County Clerk
Collin County, TX
THE CITY OF
Anna
AGENDA ITEM:
Item No. 7.d.
City Council Agenda
Staff Report
Meeting Date: 11/8/2022
Staff Contact: Lauren Mecke
Consider/Discuss/Act on a Resolution approving an Agreement regarding services
including a plan for municipal services regarding 78.0± acres of land generally located
on the north side of Farm -to -Market Road 455, 3,830± feet west of Standridge
Boulevard. (Planning Manager Lauren Macke)
SUMMARY:
Charles Covey - LandVest Development has submitted a petition to annex 78.0± acres
of land generally located on the north side of Farm -to -Market Road 455, 3,830± feet
west of Standridge Boulevard. The Agreement for Services is required by state law
prior to approval of annexation.
FINANCIAL IMPACT:
N/A
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing:
Goal 1: Growing Anna Economy
Goal 2: Sustainable Anna Community Through Planned Managed Growth
STAFF RECOMMENDATION:
Recommended for approval.
ATTACHMENTS:
Resolution (Service Agreement) Parks at Hurricane Creek
2. Exhibit A (Metes & Bounds) Parks at HC
3. Exhibit B (Service Plan -Agreement) Parks at HC
APPROVALS:
Ross Altobelli, Director of Development Services
Ross Altobelli, Director of Development Services
Jim Proce, City Manager
Created/Initiated - 11 /1 /2022
Approved - 11 /1 /2022
Final Approval-11/3/2022