HomeMy WebLinkAboutRes 2016-08-219 Estoppel Cert for AT&T at 10795 Central ExpwyCITY OF ANNA, TEXAS RESOLUTION NO. AD/ta-0 "t-c'JIC/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS APPROVING AN ESTOPPEL CERTIFICATE FOR A LEGAL NONCONFORMANCE OF PROPERTY LOCATED AT 10795 CENTRAL EXPRESSWAY WHEREAS, the City of Anna City Council has received a request from AT&T Corporation to issue an Estoppel Certificate for a legal nonconformance of property located at 10795 Central Expressway; and
WHEREAS, the City of Anna City Council desires to issue the Estoppel Certificate to
satisfy AT&T Corporation's request as further detailed in Exhibit 1 attached.
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF ANNA CITY COUNCIL:
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 Estoppel Certificate
The City of Anna City Council approves the Estoppel Certificate attached hereto as
Exhibit 1, incorporated herein for all purposes, and authorizes the Mayor to execute
same on its behalf.
PASSED AND APPROVED by the City Council of the City of Anna this _ gth day of
August, 2016. ~-
ATTEST: /) APPROVED:
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City Secre~arrie L. Smith 111 111111111,,, Mayor, Mike Crist
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ESTOPPEL CERTIFICATE (Legal Nonconformance of Property Located at 10795 Central Expressway, Anna, Collin County, Texas 75409) August 3-_, 2016 AT&T Corporation 208 S . Akard Street Dallas , Texas 75202
Re: Legal Nonconformance of Property Located at 10795 Central Expressway, Anna, Collin County, Texas
75409 (the "Post-Take Property")
To Whom it may Concern:
The City Council of the City of Anna, Texas (the "City Council ") has been advised by its legal counsel regarding the
above-referenced matter, and after careful consideration of same has determined that the content in the letter from
Philip Sanders, City Manager, sent to AT&T Corporation, dated August_, 2016 (the "Confirmation Letter") is true
and cmTect in its content as of the date of this Estoppel Certificate and hereby certifies that the City of Anna will not
in the future take any action inconsistent with the contents of said letter.
The City of Anna hereby fu1ther states, certifies and acknowledges to AT&T Corporation the following matters as
they relate to the Post-Take Property:
1. A true, correct, and complete copy of the Confirmation Letter is attached hereto as Exhibit A.
2. The City of Anna incorporates the Confirmation Letter as if set forth in full herein as it relates to the Post-
Take Prope1ty and all other statements and contents of said letter.
3 . The City of Anna, in issuing this Estoppel Certificate, confirms the legal nonconformity status of the Post-
Take Property, expressly recognizes and acknowledges that AT&T Corporation intends to rely on the
Confirmation Letter, to its potential detriment, in settling and finalizing the condemnation proceeding with
the State of Texas set fo1th in the Confirmation Letter.
IN WITN E SS WHEREOF , the undersigned have executed this Estoppel Certificate on the dates set out below
to be effective as of the date first above written .
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City Sccrntooy, C,,,,.ic ~
E STOPPEL CERTIFICATE -PAGE SOLO
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APPROVED :
Mayor,
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EXHIBIT 1
9
AT&T Corporation 208 S. Akard Street Dallas , Texas 75202 August _9_, 2016 Re: Legal Nonconformance of Property Located at 10795 Central Expressway, Anna, Collin County, Texas 75409
Dear AT&T Corporation:
This letter is being provided by the City Zoning Administrator of the City of Anna (the "City") to
confirm the legal non-conformity status under the Anna City Code of Ordinances , Part III -C
(Zoning Ordinances) (the "City's Zoning Ordinances") of the property located at 10795 Central
Expressway , Anna, Collin County, Texas 75409 , which is owned by AT&T Corporation
("AT&T") (the "Original Property").
The City's Zoning Ordinances , under Section 39.02(a), provide nonconforming status protection
to properties in certain circumstances. The language of Section 39.02(a) of the City's Zoning
Ordinances is as follows:
"A Nonconforming Use existing at the date of enactment of this Part of the
Code, although such use does not conform to the provisions hereof, may be
continued, but if the Nonconforming Use is d iscontinued for a period of 12
consecutive calendar months it shall not thereafter be resumed and any future
Use of such Building or land shall occur solely in conformity with the
applica ble provisions of this Part. The Use of land, if changed from a
Nonconforming Use, shall be in conformity with the provisions hereof."
(emphasis added).
The currently existing improvements on the Original Property were initially constructed and
placed into use as a telecommunications degeneration site in the year 2007 , prior to the annexation
of the Original Property into the City on December 14, 2010 under City Ordinance No . 522-1010.
Pursuant to Section 39 .02(a) of City's Zoning Ordinances, the existing improvements and use of
the Original Property may be continued beyond the annexation, so long as the use is not
discontinued for 12 consecutive calendar months.
As of the date of this letter, the State of Texas is in the process of condemning a portion of the
Original Property for the purpose of expanding Central Expressway, which will create a new tract
with newly configured property boundaries differing from those pertaining to the Original Property
(the "Post-Take Property").
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AT&T Corporation Page 2 faly _, 2016 {lv_~+ q) (7010 Since the Post-Take Property will first come into being as a separately owned and configured tract at the time of the condemnation, I interpret the "date of enactment of this Part of the Code" for purposes of applying Section 39.02(a) to the Post-Take Property as being the date of the condemnation, with the effect that any nonconformities of the existing improvements and use of the Post-Take Property existing as of the date of the condemnation may continue as provided in Section 39.02(a). My interpretation is partially based on the definition of a nonconforming use in 39.0l(b) to include a use that was:
on or after the effective date of this Part of the Code, being lawfully operated
or occupied in accordance with this Part of the Code but which purpose(s ), by
sole reason of . . . governmental action, is not permitted in the applicable
district.
I consider the condemnation by the State of Texas to be a "governmental action."
Further, since reconstruction of the existing fence located on the Original Property will be
necessary as a result of the condemnation, I believe that the reconstructed fence , if built in
accordance with plans reflected in the application for a building permit issued by the City, should
be considered as having been in place on the date of the condemnation, even though actual
installation of the reconstructed fence may follow the effective date of the condemnation by some
period of time. Sincerely, ::aili .
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