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HomeMy WebLinkAboutOrd 084-2003 Annex 344.33 Acres William Weaver.pdfCITY OF ANNA, TEXAS ORDINANCE NO. 84-2003 5501 007550 2003- 0184588 ANNEXATION OF 344.33 ACRE TRACT (WILLIAM WEAVER) 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. PASSED on this the 8th day of July, 2003, by the following vote of all members of the City Council as present: AYES �f NAYS c ABSTAIN APPROVED: f!�layor"0 f ' .' ej i + { p }: ATTEST: City Secretary $ / V ♦ 3 .. Page 1 of 1 5501 007551 PROPERTY DESCERIPTION TRACT i BEING a 262.41 acre tract of land In the J.M. Kincaid Survey, Abstract No. 509, the Joseph Boyle Survey, Abstract No. 105, and the John Carman Survey , Abstract No. 197, all In Collin County, Texas and being a part of a called 302.803 acre tract conveyed to WBK Partners, Ltd. recorded in Volume 4292, Page 00027, Deed Records, Collin County, Texas, and being mora particularly described as follows: COMMENCING at a 5/8 Inch Iron red set for corner In the North line of F.M. 455 a variable width right-of-way and In the approximate centerline of County Rood No. 368 (Telephone Rood), sold point being the Southeast comer of said 302.003 acre tract and being the Southwest comer of a 196.09 acre tract conveyed to Central Expressway/ 196 Joint Venture recorded In Volume 4554, Page 1851, Deed Records, Collin County, Texas; THENCE North 00 degrees 35 minutes 33 seconds West, along the West tine of said 196.09 acre tract and along the approximate centerline of sold County Road No. 368 (Telephone Rood), a distance of 650.00 feet to a 5/8 Inch Iron rod set for corner at the POINT OF BEGINNING of the herein described tract, THENCE South 89 degrees 54 minutes 25 seconds West a distance of 2687.82 feet to a 5/8 inch Iron rod set with yellow plastic cap stamped (DCA. Inc.) for corner In a fence line In the the East line of a tract conveyed to Dwight Crigger recorded In Volume 391. Page 299, Deed Records. Collin County, Texas; THENCE North 00 degrees 04 minutes 27 seconds West, along the East line of said Crigger tract and a fence line, a distance of 387.21 feet to a fence post found for comer at the Northeast corner of said Crigger tract; THENCE North 89 degrees 58 minutes 14 seconds West, along the North line of saitl Crigger tract, a distance of 849.21 feet to a fence post found for corner In the East line of a treat conveyed to J.L Rattan recorded In Volume 343, Page 427, Dead Records, Collin County, Texas; THENCE North 03 degrees 33 minutes 44 seconds East, along the East line of said J.L Rattan tract, a distance of 1188.00 feet to a 5/0 Inch Iron rod set with yellow plastic cap stamped (DCA, Inc.)for comer at the Northeast corner of Abstract No. 510; THENCE North 08 degrees 26 minutes 26 seconds West, along the North line of sold Abstract No. 510, a distance of 365.15 foot to a point for corner In a draw running In o Northwesterly direction; THENCE 23 degrees 08 minutes 27 seconds West, along the approximate middle of said draw, a distance of 67.47 feat to 0 point for corner In said draw, from which a 48 Inch oak free In a fence fine bears South 41 degrees 57 minutes 01 seconds Wast a distance of 50.7 feet; THENCE North 02 degrees 48 minutes 15 seconds East, along the East line of sold Rattan tract and generally along a fence, a distance of 1930.31 feet to o point for corner In the middle of Hurricane Creek, from which a 36 Inch willow tree on the side of the bank bean South 00 degrees 42 minutes 31 seconds East a distance of 43.5 fest, gold paint being the Northeast corner of sold Rattan tract and being the Northwest corner of said 302.803 acre tract and being in the South tine of a 31.68 core tract conveyed to Jan Sherley Miller recorded in Volume 2460, Page 561 and Volume 308, Page 310, Deed Records. Collin County, Taxes; - THENCE North 89 degrees 52 minutes 35 seconds East, along the South line of sold Witter 31.68 acre tract, a distance of 465.63 foot to a 5/8 inch Iron rad set with yellow plastic cap stomped (DCA, Inc.) for corner, THENCE North 09 degrees 15 minutes 32 seconds East, along the South line of said Willer 31.66 acre tract, a distance of 742.56 fast to a 5/8 Inch Iron rod set with yellow plastic cap stamped (DCA, Inc.) for corner at the Southeast comer of said 31.68 acre tract and being the Southwest comer of a 119 acre tract conveyed to Jan Sherley Miller recordedIn Volume 2460, Page 561 and Volume 324, Page 120, Deed Records, Collin County, Taxes, said point being In the middle of a field road; THENCE East, along the South line of said Miller 119 acre tract and generally along the middle of a field road, a distance of 1755.97 foot to a 5/8 Inch Iran rod set with yellow plastic cap stomped (DCA, Inc.)for corner at the Northeast corner of said 302.803 acre tract and being the Northwest comer of said Central Expressway/ 196 Joint Venture 196.09 acre tract; THENCE along the West line of said Central Expressway/ 196 Joint Venture 196.09 acre tract and along a fence as follows: South 00 degrees 56 minutes 05 seconds East a distance of 400.20 feet to a 60d nail found for comer; South 01 degrees 38 minutes 40 seconds East a distance of 362.44 feet to a 60d nail found for comer; South 01 degrees 11 minutes 50 seconds East a distance of 489.34 feet to a 60d nail found for comer, South 00 degrees 52 minutes 44 seconds East a distance of 292.93 feet to a 60d nail found for corner, South 00 degrees 48 minutes 48 seconds East passing of a distance of 202.86 feet a 1/2 Inch Iron rod found for witness In a fence line and continuing in all a distance of 244.06 feet to a point for corner, THENCE South 87 degrees 35 minutes DO seconds East, along the Westerly South line of sold Central Expressway/ 196 Joint Venture 196.09 acre tract, a distance of 260.47 feet to a 60d nail found for corner in a fence line; THENCE South 89 degrees 36 minutes 19 seconds East, along the Westerly South line of said Central Expressway/ 196 Joint Venture 196.09 acre tract, a distance of 371.29 foot to a 60d nail found for corner, THENCE South 89 degrees 40 minutes 03 seconds East, along the Westerly South line of sold Central Expressway/ 196 Joint Venture 196.09 acre tract. a distance of 128.49 feet to a 1/2 Inch Iron rod found for comer of a fence comer post; THENCE South 00 degrees 05 minutes 44 seconds West, along the West line of said Central Expressway/ 196 Joint Venture 19609 acre tract, a distance of 1395.92 feet to a 5/8 Inch iron rod set for corner, THENCE South 00 degrees 35 minutes 33 seconds East, along the West tine of sold Central Expressway/ 196 Joint Venture 196.09 acre tract, a distance of 380.73 feet to the POINT OF BEGINNING and containing 11,430,639.96 square foot or 262.41 acres of land. S501 0'07552 PROPERTY DESCRIPTION TRACT it BEING a tract of land situated in the John Coffman Survey, Abstract No. 197, all in Collin County, Texas and being a part of a called 302.803 acre tract of land conveyed to WBK Partners, Ltd. by deed recorded in Volume 4292, Page 00027, Deed Records, Collin County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod set with yellow plastic cap stamped (D.C.A., INC.) in the approximate centerline of County Road No. 368 (Telephone Road), (variable width gravel), said point being in the North right—of—way line of F.M. 455 (84.7 foot right—of—way); THENCE South 89 degrees 53 minutes 26 seconds West, along the North right—of—way line of said F.M. 455, a distance of 1075.28 feet to a 5/8 inch iron rod set with yellow plastic cap stamped (D.C.A.. INC.) for corner; THENCE. South 89 degrees 55 minutes 01 seconds West, along the North right—of—woy line of said F.M. 455, a distance of 1618.40 feet to a 5/8 inch iron rod set with yellow plastic cap stamped (D.C.A., INC.) in the most Northerly East property line of a tract of land conveyed to Dwight Crigger by deed recorded in Volume 391, Page 299, Deed Records, Collin County, Texas; THENCE North 00 degrees 04 minutes 27 seconds West, along the most Northerly East property line of said Crigger tract, a distance of 650.00 feet to a 5/8 inch iron rod set with yellow plastic cap stamped (D.C.A., INC.) for corner; THENCE North 89 degrees 54 minutes 25 seconds East, a distance of 2687.82 feet to a 5/8 inch iron rod set with yellow plastic cap stamped (D.C.A., INC.) in the approximate centerline of said Telephone Road; THENCE South 00 degrees 35. minutes 33 seconds East, clang the approximate centerline of said Telephone Road, a distance of 650.00 feet to the POINT OF BEGINNING and containing 1,749,361.60 square feet or 40.1598 acres of land. PROPERTY DESCRIPTION TRACT III BEING a tract of land situated in the John Coffman Survey, Abstract No. 197, all in Collin County, Texas and being the same 41.531 acre tract of land conveyed to WBK Partners, Ltd. by dead recorded in Volume 4292, Page 00027, Deed Records, Collin County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod set with yellow plastic cap stamped (D.C.A.. INC.) in the approximate centerline of Telephone Road (variable width gravel), said point being in the South right—of—way line of F.M. 455 (84.7 foot right—of—way); THENCE South 00 degrees 06 minutes 41 seconds West, along the approximate centerline of said Telephone Road, a distance of 1058,69 feet to a 1/2 inch iron rod found at the East corner of a tract of land conveyed to Jan Sherley Miller by deed recorded in Volume 2667, Page 671, Deed Records, Dallas County, Texas; THENCE along the Northeast properly line of said Miller tract, passing the most Southerly East corner of a tract of land conveyed to Dwight Crigger by deed recorded in Volume 391, Page 299, Dead Records, Dallas County, Texas, a distance of 1169.66 feet and continuing along the Northeast properly line of sold Crigger tract, for a total distance of 1447.92 feet to a 5/8 inch iron rod set with yellow plastic cap stamped (O.C.A., INC.) for corner; THENCE North 89 degrees 06 minutes 29 seconds West, along the most Southerly North property line of said Crigger tract. a distance of 234.29 feet to a 5/8 inch iron rod set with yellow plastic cap stamped (O.C.A., INC.) for corner; THENCE North 89 degrees 03 minutes 29 seconds West, along the most Southerly North property line of said Crigger tract, a distance of 585.11 feet to a 5/8 inch iron rod set with yellow plastic cop stamped (D.C.A., INC.) for corner; THENCE North 84 degrees 50 minutes 29 seconds West, along the most Southerly North property line of said Crigger tract, a distance of 245.13 feet to a 5/8 inch iron rod set with yellow plastic cap stamped (D.C.A., INC.) for corner; THENCE South 86 degrees 18 minutes 01 seconds West, along the most Southerly North property line of said Crigger tract, a distance of 270.97 feet to a 5/8 inch iron rod set with yellow plastic cap stamped (D.C.A., INC.) for corner; THENCE North 00 degrees 04 minutes 59 seconds West, along the most Northerly East property line of said Crigger tract, a distance of 531.51 feet to a 5/8 inch iron rod set with yellow plastic cop stamped (D.C.A.. INC.) in the South right—of—way line of said F.M. 455; THENCE North 89 degrees 55 minutes 01 seconds East, along the South right—of—way line of said F.M. 455, a distance of 1,618.42 feet to a 5/8 inch iron rod set with yellow plastic cap stomped (D.C.A., INC.) for corner; THENCE North 89 degrees 53 minutes 26 seconds West, along the South right—of—way line of said F.M. 455, a distance of 1075.28 feat to the POINT OF BEGINNING and containing 1,809,108.48 square feet or 41.5314 acres of land. 5501 007553 EXHIBIT B ANNEXATION SERVICE PLAN WEAVER 344.33 ACRE TRACT JULY, 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 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 Page 1 of 4 5501 007554 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. 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. Page 2 of 4 5501 007555 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 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 between the City and the property owner 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 customer must bear the cost of construction of water system facilities to a point where 5501 007556 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 between the City and the property owner 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. By signature below the parties to this Service Plan conch Ir t terms a stated herein. r /riie Y r� �vt;) �urrz /�Zgc1s 11 f 111 yor, City of Anna Prrty 2�Tn Date Date CCy a� �,lkc Page 4 of 4