HomeMy WebLinkAboutOrd 046-2003 Annex 57.23 Willow Creek.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 46-2003
ANNEXATION OF 57.23 ACRE TRACT (BEN WEST)
AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO
THE CITY OF ANNA, COLLIN COUNTY, TEXAS, AND EXTENDING THE
BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE SAID HEREINAFTER
DESCRIBED PROPERTY WITHIN THE CITY LIMITS AND ADOPTING A SERVICE
PLAN FOR SAID TERRITORY AND ITS INHABITANTS
WHEREAS, certain property owners have petitioned the City of Anna to have their
property, described in Exhibit A, annexed to the City of Anna; and
WHEREAS, said properties are adjacent to and adjoin the present boundaries of the
City of Anna; and
WHEREAS, a service plan providing for the extension of municipal services into the
proposed annexed area and attached to this ordinance as Exhibit B and hereby made
part of this ordinance was prepared prior to publication of notice of hearings and
reviewed at said hearings; and
WHEREAS, after hearing the arguments for and against the annexation, the City
Council has voted to annex said territory to the City of Anna, Texas; now therefore
Section I. The land and territory described in Exhibit A, attached hereto and hereby
made an integral part of this Ordinance, lying adjacent to and adjoining the present
boundaries of the City of Anna, Texas, is hereby added and annexed to the City of
Anna, Texas, and said territory hereinafter described shall hereafter be included within
the boundary limits of the City of Anna, Texas, and the present boundary limits of such
city are altered and amended so as to include said area within the corporate limits of the
City of Anna, Texas.
Section 2. The above described territory and the area so annexed shall be a part of the
City of Anna, Texas, and the inhabitants thereof, if any, shall be entitled to all of the
rights and privileges of all citizens and shall be bounded by the acts, ordinances,
resolutions, and regulations of the City of Anna, Texas.
Section 3. The service plan providing for the extension of municipal services into the
annexed area and attached to this ordinance as Exhibit B is hereby adopted.
The City Secretary is hereby directed to file with the County Clerk of Collin County,
Texas, a certified copy of this ordinance.
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PASSED on this the 14th day of January, 2003, by the following vote of all members of
the City Council as present:
AYES
NAYS
ABSTAIN
APPROVED:
ATTEST:
Mayor City Secfetary
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EXHIBIT A
DESCRIPTION 57.232 ACRES OF LAND
SITUATED in Collin County, Texas, in the J. C. Farris Survey, Abstract No. 331, being a
resurvey of the 39.9 acre FIRST TRACT described in a deed from Myrtle Giles, et al to Benj. B.
West and wife, Hazel Marie West dated May 29, 1948, recorded in Volume 393, Page 378 and
the 17.85 acres described in a deed from Jess Alexander, et al to Benj. B. West and wife, Hazel
Marie West dated May 1, 1948, recorded in Volume 357, Page 281, both deeds of the Collin
County Deed Records, being described by metes and bounds as follows:
BEGINNING at an iron pin found at the east, southeast corner of the George F. West
19.50 acres, Ref. V. 3363, P. 334, the northeast corner. of the Brian Roper 2.00 acres, Ref. Doc.
No. 98-0071249, in a north -south fence and in the west line of said 39.9 acre tract;
Thence northerly with said fence and the west line of said 39.9 -acre tract and the east
line of said 19.50 -acre tract as follows:
North 01 03' 12" East, 407.12 feet;
North 00 00'.25" East, 551.75 feet to an iron pin found at the northwest corner of
said 39.9 acre tract and the northeast corner of said 19.50 acre tract and in the
south line of said 17.85 acre tract;
Thence north 890 17'59" West, 416.77 feet with an old fence and with the south line of
said 17.85 acre tract and the north line of said 19.50 acre tract to an iron pipe found at the
southwest corner of said 17.85 acre tract, at the west southeast corner of the George F. West
39.40 acres, Ref. V. 3291, P. 860 and in the northern line of said 19.50 acre tract;
Thence northerly with the west line of said 17.85 -acre tract, an east line of said 39.40 -
acre tract and with an old fence as follows:
North 00 46'58" West, 401.15 feet; North 00 04' 06" West, 377.59 feet;
North 00 26' 11" West, 92.46 feet to an iron pin set at the northwest corner of said
17.85 -acre tract and at an ell corner of said 39.40 -acre tract;
Thence southeasterly with the north line of said 17.85 -acre tract, the.south line of said
39.40 -acre tract and with a fence as follows:
South 830 31'41" East, 327.57 feet, an iron pin set;
South 28° 51'22" East, 83.27 feet, an iron pin found;
South 791 08'44" East, 102.29 feet, an iron pin found;
South 550 04' 39" East, 110.25 feet, an iron pin found;
South 721 45' 28" East, 291.39 feet, an iron pin found;
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South 861 59'46" East, 78.63 feet to an iron pin found at a southeast corner of
said 39.40 acre tract, a northeast corner of said 17.85 acre tract in the west line
of the Meltex, Inc. 11.5977 acres, Ref. V. 2929, P. 325;
Thence southerly and easterly with the north line of said 17.85 acre tract, the west and
south line of said 11.5977 acre tract and with an old fence as follows:
South 00 45' 14" West, 107.52 feet, a car axle found;
South 301 25'46" East, 130.85 feet, a t -post found;
South 40145'46" East, 128.80 feet, a car axle found;
South 221 17' 16" East, 72.76 feet, a car axle found;
South 10 15'22" East, 52.05 feet, an iron pin set;
North 821 29'42" East, 247.47 feet, a t -post found;
South 380 44' 16" East, 64.63 feet, an iron pin found;
South 731 53'25" East, 34.90 feet to an iron pin found at the south, southeast
corner of said 11.5977 acre tract, in the north line of said 17.85 acre tract;
Thence north 10 16'25" west, 37.66 feet with an east line of said 11.5977 acre tract and a
west line of said 17.85 acre tract to an iron pin found at the southwest corner of the Peggy Jo
Powell 4.67 acres, Ref. Doc No. 98-0047095;
Thence north 780 22' 30" east, 99.00 feet with the south line of said 4.67 acre tract to a
point in the center of Slater Creek at the northeast corner of said 17.85 acre tract and the
northwest corner of the Peggy Jo Powell 9.80 acres, Ref. V. 131, Pg. 9;
Thence southerly with the center of said Slater Creek, with the east line of said 17.85
acre tract, the west line of said 9.80 acre tract, the west line of the Joe Lafavers Southwest
Staple, Inc. 8.296 acres, Ref. V. 4288, P. 1, the west line of the W. B. Powell 1.031 acres, Ref. V.
510, P. 372 and the west line of the John Bradley 3.65 acres, Ref. V. 4316, P. 2211 as follows;
South 131 08'47" East, 126.43 feet; South 3133'05" West, 142.80 feet;
South 120 56' 59" East, 169.88 feet; South 571 05' 10" East, 138.84 feet;
South 411 54'40" East, 32.69 feet; South 101 08'40" West, 18.70 feet;
South 35152'40" West, 72.37 feet; South 531 05'40" West, 49.26 feet;
South 600 16'37" West, 61.39 feet; South 211 36'09" East, 82.58 feet;
South 20 41'37" West, 42.91 feet; South 240 47'34" West, 14.95 feet;
South 630 57' 27" West, 51.47 feet; South 47153'27" West, 27.23 feet;
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South 8125'51" East, 79.33 feet; South 23° 02' 05" West, 57.84 feet;
South 51 01'55" East, 46.55 feet' South 48° 10' 31" East, 133.02 feet;
South 360 56'49" East, 44.34 feet; South 271 00'38" East, 19.94 feet;
South 161 10'21" West, 100.28 feet; South 00 34'40" West, 196.12 feet;
South 401 22'22" West, 105.78 feet; South 01 42'37" East, 104.47 feet to a point
in the center of said Slater Creek, in the east line of said 39.9 acre tract, at the
southwest corner of said 3.65 acre tract and in the north R.O.W. line of Farm
Road No. 455;
Thence north 890 34'28" west, 1128.20 feet with said north R.O.W. line to an iron pin set
in the west line of said 39.9 -acre tract, in said north R.O.W. line, at the southeast corner of said
Roper 2.00 acre tract;
Thence north 01 01' 25" east, 486.23 feet with the west line of said 39.9 acre tract, the
east line of said 2.00 acre tract and with said old fence to the PLACE OF BEGINNING and
containing 57.232 acres of land.
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EXHIBIT B
ANNEXATION SERVICE PLAN
TOMPKINS 57 ACRE TRACT
JANUARY, 2003
CODE ENFORCEMENT
Code Enforcement includes activities of inspecting properties and buildings and
securing compliance with adopted ordinances and codes relative to the following:
(1) Tall grass and weeds (except for agricultural and ranch properties)
(2) Trash and debris
(3) Stagnant water and unsanitary conditions
(4) Junked vehicles and parts
(5) Junked appliances and materials
(6) Enforcement of the Minimum Housing Code pertaining to maintenance
and habitability of existing housing
City code enforcement activities will be conducted in newly annexed territories under
the same terms and on the same schedule and using the same procedures as for other
areas inside the corporate limits.
Code enforcement services will be implemented immediately upon the effective date of
this ordinance.
SOLID WASTE, BRUSH, AND REFUSE COLLECTION SERVICES
Refuse Service
Citizens in newly annexed areas will receive solid waste (trash), brush, and refuse
service in accordance with existing city ordinances. Generally, the ordinances provide
residential pick-up service of plastic bags and metal cans of not larger than 20 gallons in
size at curbside or streetside twice per week for a fee that is established by the city
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council. Most large objects can be picked up on an as -needed basis. The solid waste
customer must arrange for large object pick-up by calling the City of Anna (972-924-
3325). Present solid waste collection service routes will be extended to cover annexed
areas.
The City currently contracts with a private firm that provides solid waste collection
services. The individual customer will be provided information regarding solid waste
collections services when the customer makes his/her water and/or sanitary sewer
service deposit.
These services will be implemented within sixty (60) days of the effective date of the
ordinance of which this service plan is a part. Residents of the newly annexed area that
have existing contracts with solid waste service providers have one year from the date
of annexation or until termination date of the existing contract, whichever is sooner, to
begin solid waste collection service through the City. Solid waste collection is
mandatory for City of Anna residents.
PLANNING, ZONING AND MAPPING
The function of planning, zoning, and mapping is to implement ordinances relating to
zoning classifications within the City and to provide mapping resources.
Zoning functions include the following:
(1) Provide proper zoning classification of properties within the City. Zoning is
a tool to designate the uses of property, such as residential, business,
agricultural, industry, etc. Proper zoning ensures the best use for the
property and, at the same time, protects adjacent properties from mixed
uses that reduce property value and lower the quality of life for adjacent
property owners and residents. It also regulates parking, building heights,
lot coverage, noise pollution, setbacks, and regulations relating to the use
of property.
(2) Enforce zoning ordinances relating to uses permitted, parking, lot
coverage, minimum building area, storage, heights, and other items.
(3) Implement and enforce subdivision and plat requirements.
(4) Provide assistance to citizens building on their property and handle
complaints relating to land use and zoning.
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Mapping and drafting functions include the following:
(1) Provide mapping resources of new territories, zoning, streets, water and
sewer lines, easements, right-of-ways, subdivisions, lots, and other related
matters.
(2) Assist citizens in matters related to their properties and maps containing
requested information.
These services will be provided to residents and property owners in newly annexed
territories on the some basis as they are provided to residents and property owners in
the existing incorporated area.
Planning, zoning, and mapping services will be implemented immediately upon the
effective date of this ordinance.
FIRE PROTECTION SERVICES
The City is served by the Anna Volunteer Fire Department, a private non-profit
corporation. Fire protection services provided by the Anna Volunteer Fire Department
to the City include response to fire calls and inspection of commercial and industrial
structures for code violations. All fire protection services provided by the Anna
Volunteer Fire Department within the existing corporate limits will be provided within the
newly annexed area upon the effective date of the annexation. Volunteers are available
for consultation on fire prevention on request by citizens and/or property owners of the
community.
Fire protection services will be implemented immediately upon the effective date of this
ordinance.
STREET MAINTENANCE
The street maintenance function is primarily supported from ad valorem (property) and
sales taxes. Maintenance activities are determined by the level of funding and the need
for maintenance as determined by the city council. Once the annexation of property
included in this ordinance has been completed, all streets, roads, and bridges included
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in the annexed area will be added to the City's street maintenance program. Roadways
in the newly annexed area will receive equal consideration with regard to maintenance
as those within the existing corporate limits.
Street maintenance services will be implemented immediately upon the effective date of
this ordinance or after the acceptance by the City of the streets in a new subdivision,
whichever is appropriate.
WASTEWATER SERVICES
Citizens in newly annexed areas will be offered sanitary sewer service in accordance
with existing City ordinances. Generally these ordinances state that the customer must
bear the cost of construction of sewer system facilities to a point where service to the
customer can be provided. All sanitary sewer facilities must be constructed in
accordance with Texas Commission on Environmental Quality, Texas Department of
Insurance, and City of Anna regulations and specifications.
It is anticipated that sanitary sewer service will be provided to this property through
construction by the property owner of off-site and on-site facilities. A Facilities
Agreement will be developed that will identify the details regarding sanitary sewer
service for the newly annexed area.
The policy for private service lines will remain the same as exists in the current city
limits. That is, the City will maintain main transmission lines only. Only one connection
per structure is permitted without specific written approval from an authorized official of
the City.
Sanitary sewer service rates will be assessed at the same rate as established for other
city customers in the same use classification.
WATER SERVICES
Residents and property owners in newly annexed areas will be offered water service in
accordance with existing City ordinances. Generally, these ordinances state that the
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customer must bear the cost of construction of water system facilities to a point where
suitable connection to the existing system can be made and service to the customer can
be provided. Water service facilities designed to connect an unserved area to the City's
existing system must be approved by the City Council and meet all City zoning,
subdivision, and other relevant requirements. All water mains must be constructed in
accordance with Texas Commission on Environmental Quality, Texas Department of
Insurance, and City of Anna regulations and specifications.
Water service is available to this tract along W. White Street (FM 455). Water service
through the interior of the tract will be provided through construction of facilities by the
property owner and/or developer. A Facilities Agreement will be developed that will
identify the details regarding water service for the newly annexed area.
The policy for private service lines will remain the same as exists in the current City
limits. That is, the City will maintain water lines from the water main to the water meter.
All repairs/maintenance from the meter to the point of usage is the property owner's
responsibility.
Water service charges will be assessed at the same rates as established for other city
customers in the same use classification.
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