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HomeMy WebLinkAboutRes 2016-08-207 DA Steven and Tamara Constien CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS AND STEVEN AND TAMARA CONSTIEN AUTHORIZING THE CITY MANAGER TO EXECUTE SAME ON BEHALF OF THE CITY. WHEREAS, the City of Anna, Texas (the "City") and Steven and Tamara Constien (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: -- City Secretary Carrie L. Smith 0v�� '""''""N4,q�ror Mike Crist OF '% s 1�X P15 \\,S� o e tllltlll1111 S � III IIIIII I II STATE OF TEXAS ) IO�E30i�5�4�0�� 21 016 03;18;44 PM RG 117 COUNTY OF COLLIN ) CHAPTER 43 & CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE DEVELOPMENT 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 of real property(s) (the "Property") in Collin County, Texas, commonly described as being 1812 Ferguson Parkway; and 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 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. IMMUNITY 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. 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) Other than a single Accessory Building, 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. 1. Accessory Building means an accessory building not exceeding 1500 square feet the use of which shall be incidental and accessory to the existing residential and/or agricultural uses of the Property. The Proposed Accessory Building shall not be used in connection with any commercial or business activity. 2. Owner covenants and agrees to comply with all applicable codes and ordinances of the City of Anna that would apply to the construction of the proposed Accessory Building if the Property were in the city limits, including but not limited to any platting requirement, any requirement to obtain a building permit, compliance with any applicable building or construction codes, and compliance with any applicable zoning and development regulations for the Single Family Residential — Large Lot (SF-E) Zoning District. (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 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(c), 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. (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 .�--day of2016. Phr�p ander City;Manager, City of Anna, Texas I 1 THE STATE' F TEXAS } COUNTY OF COLLIN } This instrument was acknowledged before me on the _day of L-J,t k Q,� ) . 2016, by Philip Sanders, City Manager, City of Anna, Texas. i ` .. . o ; � s ;"'•"..g' CARRIE L, SMITH W_ �. Notary Public,state of Texas Notary Public, State of'texas s;1. := My Commission Expires January 27, 2019 wner 1 Printed Name: THE STATE OF TEXAS ) COUNTY OF 0_j)j_u Q } This instrument was acknowledged before me on the day of 2016, by f�iTVIE , Owner 1. Nota Public, State of Texas tr# LIS PALMERER a m S �tary Pubo c,State of Texas m a S CO, =_s Px ,r u Jun 135 201 a A"� O Printed Name: 0-6 vu i THE STATE OF TEXAS ) COUNTY OF s. This instrument was acknowledged before me on the day of 2016, by , Owner 2. LARISSA PALMER es fu atv Publics State est Texas No a ublic, State of texasJu1 " 21 6 4 Owner 3 Printed Name: THE STATE OF TEXAS ) COUNTY OF } This instrument was acknowledged before me on the day of 2016, by Owner 3. EXHIBIT A All that certain tract or parcel of land situated in the Henry Smith Survey,Abstract Number 823, County of Collin, State of Texas, said tract being part of a called 9. 85 acre tract as described in deed to Deneen G. Phillips,filed 12 September 2008, County Clerks Number 2008-091200110200 County Clerks Number 99-0138320, County of Collin, State of Texas,and being more fully described as follows: Beginning for the Southeast corner of the tract being described herein at a found 1 inch Steel Rod, said rod being the occupied southeast corner of said 9.85 acre tract,and at a tum in Collin County Road N mber 367 (asphalt Surfaced); Thence: South 88 degrees 51 minutes 08 seconds West,with the south line of said 9.85 acre tract, n in CR 367, a distance of 501.22 feet to a set survey mark nail for the southwest corner of this tract; Thence: North 00 degrees 31 minutes 06 seconds West and passing at 25.0 feet a set 1 �iiS re Tubing in a wire fence on the north side of CR 367, and passing at 425.09 feet a et 1/2 i S 5th re Tubing on a Pond Dam, and continuing on said course for a total distance of 49A09 feet fo nortf est corner of this tact and on the north line of said 9.85 acre tract; Thence: South 88 degrees 46 minutes 39 seconds East with the occupi �Iin�e� s, t 5 acre tract and passing at 470.62 feet a Pipe fence corner Post on the west side of C67,and continul�n said course for a total distance 500.69 feet for the northeast corner of said 9.85 acre tr and in CR 3 7; Thence: South 00 degrees 36 minutes 33 seconds East,with tL ast lie said 9 acre tract, a distance of 460.37 feet to the POINT OF BEGINNING and containing 5.417 r of «rad.. File Offlciat Publ1raed C Reco col 111 .n Count CoU Y Clerk $24rds /() 0�2 02 40:13 pN Nq 01106240006 546C)