HomeMy WebLinkAboutRes 2016-04-155 Development Agreement with GCRA AKA HCCC.pdfCITY OF ANNA, TEXAS RESOLUTION NO. 2016-04-I '5 5 (Development Agreement with GCRA , Inc) A RESOLUTION APPROVING A DEVELOPMENT AGREEMENT WITH THE GRAYSON COLLIN RECREATION ASSOCIATION, INC. WHEREAS, In December of 2010 the City Council of the City of Anna, Texas (the "City Council") accepted and approved a non-annexation Development Agreement for the property commonly known as the Hurricane Creek Country Club, and;
WHEREAS, That Agreement expired in November of 2015, and;
WHEREAS, representatives from the property owner, the Grayson Collin Recreation
Association , Inc. have requested that the City Council approve another non-annexation
Development Agreement that would allow the Hurricane Creek Country Club to remain
outside the city limits for another five (5) years, and;
WHEREAS, the City Council finds that approval of a new non-annexation development
agreement will serve the interests of the City and the citizens of Anna;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1.
The recitals above are incorporated herein as if set forth in full for all purposes.
·Section 2.
The City Council hereby approves the Development Agreement attached hereto as
Exhibit 1, and authorizes, ratifies and approves the City Manager's execution of same.
The City Manager is hereby authorized to execute all documents and to take all other
actions necessary to finalize, act under, and enforce this Agreement.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the
12th day of April, 2016.
ATTEST: f PROVED: . . \j . ' ~-dA ·-/? ..... ,,,.,,,,,,,, u ?~ 2 ·. ll.~\11 0F AiA/''~ .
Carrie L. Smith, City SetretafY ~".._~ .......... :,....-t-*1Th'Yor Pro Tern Chad Barnes ~r~~· ·:~-~ ' "-' . . , ~ 2 : .. ~ ~ : ~ ; =*· ·*-= :: ·. . .:::: -:;:. . .. ~ -. . ..... ~ * ·... ..· * ~ . "";: . . . . .. . ·~ '/ ..,.. c.. ,, "".-/ EX ~J ,,,, ,,,, \,,, 11111 11 1111 1111\
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Resolution 2016-04-155
Development Agreement with GCRA, Inc
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STATE OF TEXAS ) ) COUNTY OF COLLIN ) CHAPTER 43 & CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE D EVELOPMENT AGREEMENT This Agreement .is entered into pursuant to Sections 43.035 and/or 212.172 of the Texas Local Government Code by and between the City of Anna, Texas (the "City'') and the undersigned property owner(s) (the "Owner"). The term "Owner" includes all owners of the Property. WHEREAS, Owner and the City are sometimes collectively referenced in this
Agreement as the "Parties" or, each individually, as "Party"; and
WHEREAS, the Owner owns a parcel or parcels of real property(s) (the "Property'') in
Collin County, Texas, commonly known as the Hurricane Creek Country Club; and
further described in the attached Exhibit "A"; and
WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial
jurisdiction, in consideration for which the Owner agrees to enter into this Agreement;
and
WHEREAS, this Agreement is entered into pursuant to Sections 43 .035 and/or 212.172
of the Texas Local Government Code, in order to address the desires of the Owner and
the procedures of the City; and
WHEREAS, the Owner and the City acknowledge that this Agreement is binding upon
the City and the Owner and their respective successors and assigns for the Term
(defined below) of this Agreement; and
WHEREAS, this Development Agreement is to be recorded in the Real Property
Records of Collin County;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties hereto agree as follows:
Section 1. IMMUN ITY FROM ANNEXATION
The City guarantees the continuation of the extraterritorial status of the Owner's
Property, its immunity from annexation by the City, and its immunity from City property
taxes, for the Term of this Agreement, subject to the provisions of this Agreement.
Except as provided in this Agreement, the City agrees not to annex the Property, agrees
· not to involuntarily institute proceedings to annex the Property, and further agrees not to
include the Property in a statutory annexation plan for the Term of this Agreement.
However, if the Property is annexed pursuant to the provisions of this Agreement, then
the City shall provide services to the Property pursuant to Chapter 43 of Texas Local
Government Code .
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Section 2. OWNER OBLIGATIONS (a) Owner covenants and agrees not to use the Property for any use other than for the Existing Land Uses or for agriculture, wildlife management, and/or timber land consistent with Chapter 23 of the Texas Tax Code, without the prior written consent of the City. 1. Existing Land Uses mean the legal uses of the Property in existence as of the Effective Date of this Agreement. (b) Owner covenants and agrees that the Owner will not file any type of subdivision plat or related development document for the Property with Collin County or the City until the Property has been annexed into, and zoned by, the City.
(c) Owner covenants and agrees not to construct, or allow to be constructed, any
building on the Property that would require a building permit if the Property were
in the city limits, until the Property has been annexed into, and zoned by, the
City.
(d) Owner acknowledges that each and every owner of the Property must sign this
Agreement in order for the Agreement to take full effect, and the Owner who
signs this Agreement covenants and agrees, jointly and severally, to indemnify,
hold harmless, and defend the City against any and all legal claims, by any
person claiming an ownership interest in the Property who has not signed the
Agreement, arising in any way from the City's reliance on this Agreement.
( e) Owner acknowledges that if any plat or related development document is filed in
violation of this Agreement, or if the Owner commences development of the
Property in violation of this Agreement, then in addition to the City's other
remedies, such act will constitute a petition for voluntary annexation by the
Owner, and the Property will be subject to annexation at the discretion of the City
Council. The Owner agrees that such annexation shall be voluntary and the
Owner hereby consents to such annexation as though a petition for such
annexation had been tendered by the Owner. If annexation proceedings begin
pursuant to this Section 2(e), the Owner acknowledges that this Agreement
serves as an exception to Local Government Code Section 43.052, requiring a
municipality to use certain statutory procedures under an annexation plan .
Furthermore, the Owner hereby waives any and all vested rights and claims that
they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local
Government Code that would otherwise exist by virtue of any actions Owner has
taken in violation of Section 2 herein. The Owner further agrees that the Owner
will not in any manner contest any annexation of the Property initiated by the City
under this Section 2(e) or any annexation of the Property completed by the City
after the Term of this Agreement.
Section 3. CITY REGULATIONS AND PLANNING AUTHORITY
Pursuant to Sections 43.035(b)(1 )(B) of the Texas Local Government Code, the City is
authorized to enforce all of the City's regulations and planning authority that do not
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materially interfere with the uses of the Property authorized under Section 2(a) of this Agreement. Section 4. EFFECTIVE DATE The "Effective Date" of this Agreement is the date that the last of the Parties' signatures to this Agreement is fully and properly affixed to this Agreement and acknowledged by a notary public. The City's duties and obligations hereunder shall not arise unless and until the City Council has duly adopted this Agreement and Owner has duly executed this Agreement and delivered same to the City. Section 5. TERM
(a) The term of this Agreement (the "Term") is five (5) years from the Effective Date.
(b) The Owner, and all of the Owner's heirs, successors and assigns shall be
deemed to have filed a petition for voluntary annexation before the end of the
Term, for annexation of the Property to be completed on or after the end of the
Term. Prior to the end of the Term, the City may commence the voluntary
annexation of the Property. In connection with annexation pursuant to this
Section 5(b ), the Owners hereby waive any vested rights they may have under
Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that
would otherwise exist by virtue of any application, plan, plat or construction any
of the Owners may submit or initiate during the time between the expiration of
this Agreement and the institution of annexation proceedings by the City.
Section 6. TEMPORARY ZONING
Property annexed pursuant to this Agreement shall be temporarily classified as SF-E
Single Family Residential -Large Lot District until permanent zoning is established by
the City Council pursuant to the City's Code of Ordinances, pending determination of
the Property's permanent zoning in accordance with the provisions of applicable law
and the City's Code of Ordinances.
Section 7. MISCELLANEOUS PROVISIONS
(a) Any person who sells or conveys any portion of the Property shall, prior to such
sale or conveyance, gives written notice of this Agreement to the prospective
purchaser or grantee.
(b) This Agreement shall run with the Property and be recorded in the real property
records of Collin County, Texas.
(c) If a court of competent jurisdiction determines that any covenant of this
Agreement · is void or unenforceable, including the covenants regarding
involuntary annexation, then the remainder of this Agreement shall remain in full
force and effect.
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(d) This Agreement may be enforced by any Owner or the City by any proceeding at law or in equity. Fai lure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. ( e) No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to the terms of this Agreement. (f) Exclusive jurisdiction and venue for disputes arising out of or related in any way to this Agreement shall be in Collin County, Texas. (g) ·This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument.
(h) This Agreement shall survive its termination to the extent necessary for the
implementation of the provisions of Sections 2( e) and S(b) herein.
Entered into this !ltb:. day of a~ I 2016. ''"''!I l llflttl ,,,..,, 0 F 11111
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COUNTY OF COLLIN } ~. -
/f:J:'V"-~ This instrument was acknowledged before me on the _day of , 2016 , by
Philip Sanders, City Manager, City of Anna, Texas.
This instrument was acknowledged before me on the"1:fay of AfI:)
::;e;..._ & e..""' Vv\ 1) r" \ Sol:'] I Owner 1 .
I 2016, by
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Notary Public, State of Texas Owner 2 Printed Name: -------------THE STATE OF TEXAS}
COUNTY OF }
This instrument was acknowledged before me on the _day of _____ , 2016, by
------------,Owner 2.
Notary Public, State of Texas
Owner 3
Printed Name: -------------
THE STATE OF TEXAS}
COUNTY OF }
This instrument was acknowledged before me on the _day of _____ , 2016, by
------------,Owner 3.
Notary Public, State of Texas
Owner4
Printed Name: ________ ...__ ___ _
THE STATE OF TEXAS}
COUNTY OF }
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This instrument was acknowledged before me on the _day of _____ , 2016 , by ------------,Owner 4. Notary Public, State of Texas
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EXHIBIT A SITUATED in Collin County, Texas, in the z. Roberts Survey, Abstract No. 760, the H. Smith Survey, Abstract No. 822, the J. Whitaker Survey, Abstract No. 981, and the W. P. Burns Survey, Abstract No. 100; and being part of the various tracts described in the following Deeds: a) 60 acres, 50 acres, 93 4/5 acres, and 23.72 acres in Deed from Fulton Emerson, to W. B. Powell, dated April 1, 1961, and recorded in Vol. 579, Page 578, Collin County Deed Records;
b) 34.85 acres and 63.43 acres in Deed from S. W. Turner, et ux to W. B. Powell, et ux
dated July 28, 1965, and recorded in Vol. 658, Page 181, Collin County Deed Records;
c) 109 acres described in Deed from D. E. Billups, et ux to W. B. Powell, et ux dated
January 13, 1966, and recorded in Vol. 667, Page 335, Collin County Deed Records;
BEGINNING at an iron stake in the south line of the above said 60 acres at its
intersection with the west line of the Smith Survey and the east line of said Roberts
Survey;
THENCE South 82 degrees 49 minutes 52 seconds West, 17 56.22 feet to a point in
Hurricane Creek at the southwest comer of said 60 acres;
THEN CE Northeasterly, upstream, with the center of said creek and its meanderings as
follows:
North 52 degrees 45 minutes East 85 feet;
North 26 degrees 20 minutes East 80 feet;
North 32 degrees 55 minutes East 80 feet;
North 46 degrees 00 minutes East 115 feet;
North 25 degrees 20 minutes East 110 feet;
North 41 degrees 00 minutes East 260 feet;
North 4 degrees 00 minutes East 70 feet;
North 28 degrees 10 minutes West 175 feet;
North 13 degrees 10 minutes West 220 feet;
North 29 degrees 30 minutes East 100 feet;
North 43 degrees 15 minutes East 130 feet;
North 21degrees00 minutes East 190 feet;
North 28 degrees 00 minutes East 285 feet to a point on the East bank of a lake;
THENCE Northeasterly along the east bank of said lake as follows:
North 23 degrees 35 minutes East 835 feet;
South 42 degrees 00 minutes East 110 feet;
North 84 degrees 55minutesEast180 feet;
North 67 degrees 27 minutes East 201.1 feet;
North 11 degrees 46 minutes West 265.8 feet;
North 33 degrees 00 minutes West 423.3 feet;
North 1degree53 minutes East 401.0 feet;
North 41degrees58 minutes East 284.6 feet;
North 19 degrees 07 minutes East 293.6 feet;
North 67 degrees 44 minutes East 257 .6 feet;
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North 5 degrees 50 minutes West 345.0 feet; North 65 degrees 41 minutes East239.9 feet; North 12 degrees 37 minutes East 179 .1 feet; North 85 degrees 50 minutes East 375.4 feet; South 34 degrees 47 minutes East 217.3 feet; North 17 degrees 24 minutes East 193 .0 feet; North 74 degrees 16 minutes West 245.5 feet; North 33 degrees 20 minutes East 226. 7 feet to a point on the edge of said lake; THENCE South 66 degrees 30 minutes Ea.54 a distance of 1304.6 feet to a point for
comer;
THENCE South 44 degrees 00 minutes East, a distance of 1120.0 feet to a point for
comer;
THENCE South 15 degrees 45 minutes West 630.0 feet to a point on the
west side of a small branch;
THENCE South 68 degrees 35 minutes West 280.0 feet;
THENCE South 70 degrees 35 minutes 57 seconds West 175.11 feet;
THENCE North 27 degrees 36 minutes West 392.4 feet;
THENCE North 38 degrees 30 minutes West 416.40 feet;
THENCE North 60 degrees 30 minutes West 750.0 feet
THENCE South 4 degrees 30 minutes West 275.0 feet;
THENCE South 36 degrees 00 minutes West 670.0 feet;
THENCE South 12 degrees 10 minutes East 690.0 feet;
THENCE South 22 degrees 00 minutes East 765.0 feet;
THENCE South 23 degrees 30 minutes West 425.0 feet;
TIIENCE South 18 degrees 20 minutes West 800.0 feet; to a point for comer on the
south line of said 60 acres;
THENCE West 381.4 feetto the place of beginning, containing 187.5 acres ofland.
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GRAVSON-COUJN RECREATIONALASSOCIAilON 293.60,' N 19dTIT E ....__
284.80' N 41d.58V E -.....
-401.00' N 1d53'0" E ---
423.30' N 33cOO" W -
265.90' N 11do46'0" E ----
/ 201.10'N87cl27'0"W
(I -180.00' N 84dSSO" E
L110.00'S~E
835.00' N 23d35'0' E
285.00' N .28dO'll" E
190.00' N 21d0'0" E
130.00' N -15'0" E -
100.00 N 29d3ll'O" E
220.00'N13d10'0"W---
175.00'N2Bd10'0"W-.........__ \
70.00' N 4cll'O" E :-----.__ -------\
2!!0.00' N 41d0'0" :--...___ ~
110.00' N 2Sd200" E ~ -------
115.00' N .c&IO'O" E~ ~
ll0.00'N32d55'0"E ........____ ~
80.00,' N :ll!d20'0' E ---=:::::-
85.00' N 52d4S'O" E -
187.5 ACRE TRAcr
381.40' w
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