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HomeMy WebLinkAboutOrd 157-2004 Annex Northpointe CrossingCITY OF ANNA, TEXAS ORDINANCE NO. 157-2004 ANNEXATION -189 ACRES (Sarita Partners Tract) 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 owner has petitioned the City of Anna to have his property annexed to the City of Anna; and WHEREAS, said property is adjacent to and adjoins 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 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: 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. ORD 157 -2004 -Annex 189 Acres Sarita.doc 09/21/04 Page 1 of 2 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 21st day of September, 2004, by the following vote of the members of the City Council as present: AYES 5 NAYS 0_ ABSTAIN 6 - APPROVED: ATTEST: yor ecretary ORD 157 -2004 -Annex 189 Acres Sarita.doc 09/21/04 Page 2 of 2 ._.�.� - _. .._.;.. P 04 -` - LardNscriniionofPronatr- . . TRACT i _ All that certain tract or parcel of land, being a part of the Samuel .Moore Survey, Abstract No. 627, and the Robert. Whitaker Survey, - Abstract No. 1011, and being part of that called 188.971 acre -tract - described in Deed dated May 16, 1973, from L -L. Leslie, Karl Leslie, Billie Stimson DeArman and husband, Nilson L. DeArman to Kerry 8.' Burleson and Kenneth S_ Burleson as. recorded in Volume s66, Page 810 - - - of the Deed Records of Collin County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a point at the Northwest corner of said 188.971 acxe.tract being in the center of County Road No. 1106.- Said point also being the<: Northeast corner of a called 34.81 acre tract descrlbed.in Deed from Naomi Morri.a_to Milton Lentz as recorded in,Volume 798, Page 269 -of said Deed Records. Said point being on the South line of the William Creaser Survey, Abstract No. 164, the Northeast corner of the Z.B. Lester Survey, Abatzact No. $46 and the Northwest corner of said Robert-- . Whitaker Survey, abstract No. 1011;- - .THENCE, S 97 degrees 38 minutes 33 seconds E, with theNorth boundary line o£ said 188.971 acre tract and the center of said road, 1,699.44' to a point.for corner at the Northeast -toms, of said tract. Said • point being the Northwest corner of the Collin County Estates, an - - unrecorded addition aa shown on Slide 4533 of the Plat Retards of - - Collin County, Texas; - . 9 U dacren e7 mi.,,, _q m..,.,",..a4 p, . (Baais .of bearing), with —`t5e < East boubdaiy line of said 188.971 acre tract and the West bo�daxn ., line of said Collin County Estates, at 30.724 pass a 1/2' iron rod with_ yellow plastic cap stamped ECSD RPIA .4084" (set), -for witness at the . base of a broken fence corner post (found), and in all, 4,283.52' to a - 1/2- iron rod found for corner. Said point heing the Northeast cormer of a called 5.00 acre tract described in Clerk's File No.,97^0002873, said Deed Records; - _ THENCE,'N 86 degrees 56 minutes 47 seconds W, with the North boundary line of said 5.004cre tract, 466.64' to a.1/2° iron rod (found) for corner; _ TBENCE,.S 02 degrees 54 minutes O5 seconds W, With the West boundary line of said 5.00 acre tract,, at 436.971, pass a 1/2° iron rod (found) - for witness and contim'SMg for a total distance of 469.25' to a point for corner in the center of County Road No. 376. Said point being on theSouth line of the Robert Whitaker Survey, Abstract No. 1011 and. on, the North line of the S.C. Brantley Survey, Abstract No. 114; THENCE, N 87 degrees 15 minutes 40 seconds X. alOac the center Of saw road and the South boundary line of said 188- 971 tract, 710.18'+ to point to= corner attheSouthwest corner of said 188.971 acre tract and in the East right-of-way line of the union Pacific Railroad - (1oo',right-of-way);- THENCE, .N21 degrees 00 ninutes 32 seceads W, with said East right -Of - way, at 30.39' Vass a 1/2° iron rod with yellow'glastic cap stamped _ °BCGD RPLS 4084 (act), for witness, and cont+*+'+*+'l for a total _ distance of. 2927.06' to a 3./2• iron rod with yellow plastic cap '-stamped -EC&D RPLS 4084• (set),. for corner. Said point being the most Western cornier of.this tract and.located on the No,th line of the Samuel Mocre Survey, Abstract No. 627 and the South line of said 2.8. Lester Survey, Abstract No. S"; TEE INCE, S 86 degrees S8 -Minutes 07 seconds &, with said Survey lines and the South boundary,. line of said 34.t8a1 aaecdre tract 654.64 to a at2baseoofradfence cooyellow rner posttic fox aann inside corner of thiis84traat Land being the Southeast corner of said 34.81 acre tract; THENCE, N 02 degrees 55 minutes 49 seconds E, with the West boundary, line of said 188.971 acre tract and the Bast boundary line of said 34.81 acre tract along an old fence, at 2044.05', pass a 1/2' iron trod with yellow plastic cap staged "SC&D RPLS 4084` (set) for witness at the base of a 2* fence corner post. and continuing for a total distance of 2,063.04' to the POa-T OF BEGINNING and containing 184.41 acres of land. ' TRACT 2 that certain tract or parcel of land, being a part of the. Samuel e -Survey, Abstract No. 627, and the Robert Whitaker Survey, ,act No. 1011, and being that same called 5.01.0 "acre tract ribed La Deed dated May 22, 1974, from Kerry S. Hurle =o s ofCollin County,'Sews and b by metes .and bounds as* follows: HEG";NN= at a point for corner at the Southeast corner of said 5.01 acre tract being in the center of County Road No. 376. said point being on the South line of the Robert Whitakar Survey, Abstract No: 1011,_ the North line of the J.C. Brantley Survey, Abstract No. 114, and the West, right -o£ -way of the Uujon Pacific Railzoad, (100' right- of-way).; _ THENCE, N 87degrees 15 minUtas 40 seconds W, with the South boundary line of said tract and the cents= of said road,. el -94t to point for corner. Said point being in the East -right-of-way of State Highway xo. 5, (100, right-of-way);' oIRIM,200 minutes seconds Wwith said ics right - of -wyat31.411Rnassa 1/2- iron d withyellow plastic cap stamped �9CLD RPLS 4084• (set), for witness, and in all, 2928.121 to a 1/2•, iron rod with yellow plastic cap stamped °oCiu. __LS -24. for corner. Said point being the Northwest corner of this tract and located on the North boundary 'rue -= `.we ^1 Moore Suxvey, Abstract No. 627 and the South boundary line of said Z.F. Lester Survey, Abstract No. 546; TRENCH, S 86 degrees 58 minutes 07 seconds B, with the North boundarl -.line of said 5-01 acre tract and with said Survey linea. 82.12' to a 112* iron rod with yellow plastic cap stamped EC&D RPLS 40840 tact) - at the A^+t*=a=t cornerofthis tract and. located in skid West right- - } N--8�2BB�t A4e5T _ P.06 - 1 A LeWse cecei�(ica d?reoertc�. " of -way of the Anion Pacific Railroad -(XO 0!. right-cf-way),; TEEM &, s 21 degrees 00 mi=tes 32 seconds B, with said Railroad right -of -v y, at 2896.70' pass a 112. 4r= rod with yellow plastic cap stamped .grin RPLS 4084- (set), for witness and continuing a total diatance of 2927.67' to the POINT OF ESGIB&I= and coataini.ag- - 5.04 acres of land. A EXHIBIT B ANNEXATION SERVICE PLAN SARITA PARTNERS 189.45 ACRE TRACT SEPTEMBER, 2004 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. Page 1 of 4 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 dale 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. Page 2 of 4 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 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, United State Environmental Protection Agency, City of Anna, and all other relevant 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. All facilities necessary to serve the property and not included in the City's wastewater capital improvements plan are the responsibility of the property owner. Page 3 of 4 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 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 facilities must be constructed in accordance with Texas Commission on Environmental Quality, Texas Department of Insurance, City of Anna, and all other relevant regulations and specifications. If water service is provided by the City, 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 rates will be assessed at the same rate as established for other city customers in the same use classification. Page 4 of 4