HomeMy WebLinkAboutRes 2016-08-205 - DA Smallwood, Smallwood, Matus, Copeland, Kenney and Peters CITY OF ANNA, TEXAS
RESOLUTION NO. ` (,-, 57` —5
A RESOLUTION APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF ANNA, TEXAS AND ROBERT LEE SMALLWOOD, ROY GLEN
SMALLWOOD, DANNELL COLLINS MATUS, LISA FAYE COPELAND, JACK
KENNEY, AND ANNA MARIE PETERS, AND AUTHORIZING THE CITY MANAGER
TO EXECUTE SAME ON BEHALF OF THE CITY.
WHEREAS, the City of Anna, Texas (the "City") and Robert Lee Smallwood, Roy Glen
Smallwood, Dannell Collins Matus, Lisa Faye Copeland, Jack Kenney, and Anna Marie
Peters (the "Owners") desire to enter into a Chapter 43 and Chapter 212 Texas Local
Government Code Development Agreement (the "Agreement"); and
WHEREAS, the City Council of the City of Anna, Texas (the "City Council") finds that
approval of the Agreement is in the best interests of the citizens of Anna;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Agreement
The City Council hereby approves the Agreement, attached hereto as Exhibit 1,
incorporated herein for all purposes and authorizes the City Manager to execute same
on behalf of the City. The Agreement is not valid unless properly executed by the City
Manager.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 9th
day of August, 2016.
ATTEST: APPROVED: Ffi x
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City Secretary Carrie L. Smith °° M &_Mike Crist
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STATE OF TEXAS )
COUNT`(OF COLLIN )
CHAPTER 43 &. CHAPTER 212 TEXAS LOCAL. G6VERNMENT CODE
DEVELOPMENT AGREEMENT
This /agreement is entered into pursuant to Sections 43,035 and/or 212.172 of the
Texas Local 13overnment Code by and.between the City of Anna, Texas (the "Cw") and
the undersigned property ownor(s) (the "Owner"). The-terrn "Owner" includes all owners
of the Properky.
WHEREAS, Owner and the City are sometimes collectively referenced in this
Agreement as the "Parties" or, each indlvidually; as "prrrtu"; and
.WHEREAS, the Owner owns a parcel of real. property(s) (the "Property") in Collin
County, Texas, commonly described as Henry Smith Survey, Abstract 0823; end as
shown 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 SEMtions 43.035 and/or 212.172-
of the Texas Local Govcsrnment Code, In order to address the desire; of the Owner- Mid
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, 1this Development Agreement is to be recorded in the, Real Property
Records of Collin County;
NOW, THEREFORE, in consideration of the mutual covenants c,onteuned herein, the
parties hereto agree as follows;
Section 1. IIMIUIUNIT)' FROM ANNEXATION
The City guarantees the continuation of the extraterritorial staters. of the Owner's
Property, its Immunity from annexation by the City, and it.5 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 Properly,-agrec)s
not to involuntarily institute proceedings to annex the Property, and further agirees not to
include .the Property in a statutory annE:xation 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.
Section 2. OWNER OBLIGATIONS
(a) Owneir 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, raid zoned by, the City.
(c) Owner covenanter 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 hay not signed the
.Agreement, arising in any way from the City's rellan'(.e on this Agreement.
(e) Owner acknowledges that if any plat or related development document is filed in
violation of this Agreement, or jf 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 annexatiora'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 rection 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)(13) of the Texas Local Government Code, thaCity is
authorized to enforce all of the City's regulations and planning authority that do not
materially interfere with the uses of the Property authorized under SE;Ction .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 ;name to the City;
Section ,15. TERM'
(a) The term of this Agreement (the "Terni") is three, (3) year,,, from the Effective
Gate,
(b) 'The Owner, and all of the Owner's heirs, successors and assign,, shall be
deemed to have filed a petition for voluntary annexation before the end of the
Term, for annexation of the Property to be compk0ted 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(c), the Owners hereby waive any vested rights -they may have under
Section,43.002(a) (2) and Chapter 245 of the'T'exas Local Government Code that
would otherwise exist: by virtue of any application, plan, plat orconstruction 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 60 TEMPORARY ZONING
Property annexed pursuant to this Agreement shall be temporarily classified as-SFE
Single Family Residential M 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, IIIIISCELL,.ANE-OUS 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 ire 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 covenant, regarding
involuntary annexation, then the remainder of this Agreement shall remain in full
force and effect.
(d) This Agreement may be enforced by any Owner or the City by any proceeding at
law or in equity. Failure 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 5(b) herein.
Entered into this —7--day of , 2016.
m -
h r4- a n ers
City Man__Y� er, City of Anna, Texas
THE STATE OF TEXAS}
COUNTY OF COLLIN }
This instrument was acknowledged before me on the day of/ cj� 2016, by
Philip Sanders, City Manager, City of-Anna, Texas.
CARRIE L. SMITH
r sr° •�=
Notary Publlc,State
of Te
xas
'� My Commission
Notary Public, State of Texas "�Fp,;;,,:r January 27, 2019
Owner 1
a�°� NICOLE GUSTUS
Printed Name: o4�X L s��GLG��� ;�:•'�% NO"Public
o.• STATE OF TEXAS
THE STATE 0 S} . M Comm. 8,2017
COUNTY OF
c ✓ � ,
This instrument was acknowledged before me on the day of 13�4 2016, by
Owner 1.
(d) This Agreement may be enforced by any Owner or,the City by any proceeding at
law or in equity. Failure to do so shall not be dee coed a waiver to enforce the
provisiions of this Agreement thereafter.
(e) No subsequent change in the -law regarding j annexation shall affect the
enforceability of this Agreement or the City's Aility 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 6(b) heregn.
Entered into this day of _ 2016.
,
Ph ers
City Mara er, City of Anna, 'Texas
THE STATE OF TEXAS}
COUNTY OF COLLIN }
This instrument was acknowledged before me on the day of �: 2016, by
Philip Sanders, City Manager, City ofAppa, 'Texas. `-
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SMITH
Notary Public,Stafeo
Texas
NotaryPublic, Sfax of'1'exas = ;� W Commission Expires
January 27, 2019
Owner 1
Printed Name:"—/) ! �. f #,� = � o.Al NICOLE GUSTUS
Notary Public
yr. STATE OF TEXAS
THE STATE- OF TEXAS) ° « Comm. 9,2017
COUNTY OF 70160f }
This instrument was acknowledged before me on the,decry of / �✓�/ 2016, by
Owner I.
(d) This Agreement may be enforced by any Owner or fhe City by any proceeding at
law or, in equity. Failures to do so shall not be dep,med a waiver to enforce the
provisiions 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 5(b) here-in,
Entered into this day of_ _ ^ 2016.
Phot 8aRjd
City Ma ag r, City of Anna, Texas
THE STAT b OF TEXAS)
COUNTY OF COLLIN }
This instrument was acknowledged before me on the-;tI ay, of , "" , 20.15, by
Philip Sanders, City Manager, City of{A✓'r na,'Texas. ,.
CAR IE SMITH
A 17z'
i ^c Notary Public,State of Texas
MyCommissionExpires
Notary Public, State Texas January 27, 2019
6�ner 1
Printed Name: e � �
II _
THE STATE OF TEXAS) .
COUNTY OF } '
Thi instrument was acknowledged before me on the ttay of _ 2016, by
_. _�, Owner 'I. ljl —
VJ=E HONEA
U
STATE OF TEXAS
Mrr Cow,Exp.0613-2019
(d) This Agreement may be enforced by any Owner or the City by any proceeding at
law or in equity. Failure: to do so shall not be deemed a waiver to enforce the
provisi!or►s of this Agreement thereafter,
(e) No subsequent change in the -law regarding annexation shall affect the
enforceability of this Agreement or the City's al'Aity to annex the properties
coverE:d herein pursuant to the terms of this Agreement.
(f) Exclusive jurisdiction and venue for disputes arising out of or rE.lated in any way
to this Agreement shalt 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 5(b) herein,
Entered into this ` day of r _— --, 2016.
f
P lip"8,anlers
Cit Marla ,r, City of Anna, Texas
THE STATE_ Ol TEXAS}
COUNTY'OF COLLIN }
This instrument was acknowledged before me on theiay of �E2016, by
Philip Sanders, City Manager, City of-Anna, 'Texas.
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ms" _ ,oto;Ads•,, CARRIE L. SMITH
Notary Public, State of I,.bxas _. �' `^= Nofary Public,State of Texas
My Commission Expires
January 27, 2019 i
���YMm�O♦tl���g1�1�1w1YM,I�otli>tl®Y'��Y �Itl.��OWA.�MptMtlYrs���tl��l
Owner 1
Printed Name: 1 f
THIS STATE
COUNTY"OF
Tis instrument was acknowledged before me on the day of _ 2016, by
Owner 1.
, DARRELL A. BLANK
e`yo�*RYrrm,�`' Notary Public,state of Texas
Comm.Expires 11-10-2018
Notary ID 130019932
(d) This Agreement may be enforced by any Owner or the City by any proceeding at
law or, in equity. Failure to do so shall not be deemed a waiver to enforce the
provisiions 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 5(b) herein,
Entered into this qday of ��� � �, 2015.
o
Phii Oder
City Manaer, .Ity of Anna, Texas
THE STATE OF TEXAS}
COUNTY OF COLLIN }
This instrument was acknowledged before me on the,'day of 2015, by
Philip Sanders, City Manager, City of-Anna,'Texas.
"' -'pO-% CARRIE L.
';N` NotPublic,StateloHtexas
Notary Public, State; of Texas ;,�� MV Commission Expftes
i
January 27, 2019
`Owner
Printed Name:
THE STATE 1)_ ' TEXAS} .
COUNTY` OF_./ �}
j This instrument was acknowledged before; me on the day of Pe 2016, by
144 71-ef T� , Owner '1.
NICOLE GUSTUS
+�• Notary Public
STATE OF TEXAS
M Comm.EV. 2017
(d) This Agreement may be enforced by any Owner or the City by any proceeding at
law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisiions 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
coverE.d herein pursuant to the terms of this Agreerpent.
(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 selme instrument.
(h) This Agreement shall survive its termination to he extent necessary for the
implementation of the provisions of Sections 2(e) and 5(b) herein,
Entered into this f v day of _ � _, 2016.
1 1
r11 °Sa ders
ity Man ger, City of Anna, I exas
THE S= ATE OF TEXAS)
COUNTY OF COLLIN }
This instrument was acknowledged before me on the day of , , _ �, 2016, by
Philip Sanders, City Manager, City of Anna, 'Texas.
-�,. ..... CARRIE
L. SMITH
x .Notary Public, state of Texas
�,,r' My Commission Expires
Notary Public, State of Texas ";;;.�r January 27, 2019
Owner 1 f �I-
PrinteWName: -7-JJ_
THE STATE OF TEXAS} .
COUNTY OF
This instrument was acknowledged before me on the u�"� 016, by
,�c K /<rvv� , Owner 1. aY P� NICOLE GU US
Notary Pu
b11C
STATE OF TEXAS
M Comm•
EXHIBIT A
Being a tract of land situated in the Henry Smith Survey, Abstract No. 823, in Collin
County, Texas and being a part of that tract of land described by the deed to Daniel H.
Smallwood, as recorded in Volume 822, Page 666, of the Deed Records of Collin County,
Texas (D.R.C.C.T.), said tract being more particularly described as follows:
BEGINNING at the southeasterly corner of the 30' Right-of-Way Dedication for Ferguson
Parkway, as shown on the plat of OAK HOLLOW ESTATES PHASE 2, an addition to the
City of Anna, as recorded in document number 2003-002 7063, of the Map Records of
Collin County, Texas (M.R.C.C.T.), said corner being the northeasterly corner of the
herein described property;
THENCE South 00004'29"West, along said Ferguson Pkwy., a distance of 209.34' to a a
point for corner;
THENCE North 89045'57"West to a point for corner;
THENCE North 01'41'09" East to a point for corner;
THENCE North 89°50'10" East to the POINT OF BEGINNING and containing 1.292 acres
of land, more or less.
Filed and Recorded
Official Public Records
Stacey Kemp, County Clerk
Collin County, TEXAS
08/12/2016 03:18:47 PM
$62.00 CJAMAL
20160812001058430