HomeMy WebLinkAboutRes 2020-07-749 Sherley Tract SIA First AmendmentCITY OF ANNA, TEXAS
RESOLUTION NO. c 6(21 L 11- 19
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE FIRST AMENDMENT
TO THE SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT
WHEREAS, on June 9, 2020, the Parties entered into a Subdivision Improvement Agreement
("SIA") related to the Development of the Property known as the Sherley Tract; and
WHEREAS, the Original Agreement is only modified as expressly set forth in this First
Amendment and the Original Agreement otherwise remains in full force and effect; and
WHEREAS, the Original Agreement incorrectly states the Development Standards for the
minimum lot area requirement for SF -60 lots to be five thousand (5,000) square feet instead of
six thousand (6,000) square feet in Exhibit D to the Original Agreement; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS THAT.
Recitals Incorporated
The recitals above are incorporated herein as if set forth in full for all purposes.
Approval of Amendment.
This First Amendment amends the Original Agreement in no other manner except as expressly
set forth herein.
Amendment to Exhibit D. The City and the Developer agree that the fourth (4th) page of
Exhibit D to the Original Agreement is hereby amended to reduce the minimum lot area
requirement for SF -60 lots from six thousand (6,000) square feet to five thousand (5,000)
square feet as shown on Exhibit 1 attached hereto.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 14th day of
July 2020.
ATTEST:
a,atiuuunuaan
C ,
City Secretary, Carrie L. Land
Mayor, Nate Pike
FIRST AMENDED SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT
This First Amended Sherley Tract Subdivision Improvement Agreement (this "First
Amendment") is entered into between the CITY OF ANNA, TEXAS, (the "City"), and MM Anna
3255 LLC, a Texas limited liability company ("Developer'):
RECITALS
WHEREAS, the Developer and the City are sometimes individually referred to as a "Party" and
collectively as the "Parties"; and
WHEREAS, this First Amendment amends that certain Sherley Tract Subdivision Improvement
Agreement entered into between the City and the Developer, effective as of June 9, 2020 (the
'Original Agreement"); and
WHEREAS, the Original Agreement is only modified as expressly set forth in this First
Amendment and the Original Agreement otherwise remains in full force and effect; and
WHEREAS, the Original Agreement incorrectly states the Development Standards for the
minimum lot area requirement for SF -60 lots to be six thousand (6,000) square feet instead of five
thousand (5,000) square feet in Exhibit D to the Original Agreement; and
WHEREAS, the City and the Developer desire to memorialize the revision to Exhibit D to the
Development Agreement to amend the minimum lot area requirement for SF -60 lots to be five
thousand (5,000) square feet instead of six thousand (6,000) square feet as shown in Exhibit 1
attached hereto;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and
the Developer agree as follows:
AMENDMENT
1. Amendment to Exhibit D. The City and the Developer agree that the fourth (4th) page of
Exhibit D to the Original Agreement is hereby amended to reduce the minimum lot area
requirement for SF -60 lots from six thousand (6,000) square feet to five thousand (5,000)
square feet as shown on Exhibit 1 attached hereto.
This First Amendment amends the Original Agreement in no other manner except as expressly set
forth herein. All capitalized terms used in this First Amendment, to the extent not otherwise
expressly defined herein, shall have the meanings ascribed to thein in the Original Agreement. The
Developer and the City further agree that all other terms and provisions of the Original Agreement
that are not modified hereby shall remain in full force and effect.
FIRST AMENDED SHERLEY TRACT SUBDNISION IMPROVEMENT
AGREEMENT
I
PAGE
EXECUTED BY THE PARTIES TO BE EFFECTIVE ON JULY 14, 2020:
CITY OF ANNA
By:
Name:
Nate Pike
Title: Mayor
Date:
RO /VE�D AS/T'O FORM
Name: Clark McCoy
Title: City Attorney
STATE OF TEXAS §
COUNTY OF COLLIN §
This instrument was acknowledged before me on the � day of July, 2020 by Nate Pike
Mayor of the City of Anna, Texas on behalf of said City. ,
Notary Public, State of Texas
�ARRIE L, SMITH /�
MYNotarylD#114i9404 QY'C'rE ��„
Expires February 4, 2023 Name printed or typed
Commission Expires: �
FIRST AMENDED SHERLEY TRACT SUBDNISION IMPROVEMENT
AGREEMENT
2
PAGE
DEVELOPER:
MM Anna 325, LLC,
a Texas limited liability company
By: MMM Ventures, LLC,
a Texas limited liability company
Its Manager
By: 2M Ventures, LLC,
a Delaware limited liability company
Its Manager
Name: Mehrdad Moayedi
Its: Manager
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the i day of July, 2020 by Mehrdad
Moayedi, Manager of 2M Ventures, LLC, as Manager of MMM Ventures, LLC, as Manager of
MM Anna 325, LLC, a Texas limited liability company on behalf of said company.
GRAHAM MAXEY
Notary Public, State of Texas
Comm. Expires 05-12-2024
Notary ID 132473474
FIRST AMENDED SHERLEY TRACT SUBDNISION IMPROVEMENT
AGREEMENT
3
Notary Public, State of Texas
PAGE
EXHIBIT 1
Zoning District Area Regulations
4. rumIt UTA 9. dLw1m11VG WIZ I Mlt� I 1k4LKC/A&. KCtJUL1mk I IUNb
' Brick or rock veneer; see also section 9.04.034(e)(6)
SF -84
SF -72
SF -60
SF -Z
SF-TH
SF-TH
(Quadpla.;1
hGaximum height
(feet)
35
3r
3C
; r
35
35
Side yard. inteior5
(feet)
5
5
0r5
0?5
Ors
Side yard, comer
lot, street side
(feet) (c)
10
10
10
10
10
10
Rear yard (feet)
(d)
10
10
10
10
10
10
Front yard (feet)
25
25
25
20
20
20
Lot ;area (feet)
8,400
71200
4924
5,00
4,000
2000 per unit
2000 per unit
Win. lot width
(feet)
70
60
50
40
h4in.lot depth
(feet) (e)
120
110
loo
80
80
Max lot coverage
01 0)
55:10
55%
1; la
85%
70 A
70°io
Building size
(square feet)
160D
1800
1600
1200
800
S00
hlasonry° (°5)
6D`/a
60%
60
60015
60%
60%
Lot]Unit Count
per Concept Plan
81
134
323
143
19D
108
Maximum Lot/Unit
Count (+5%)
85
145
340
150
200
115
h6inimum LoWnit
Count (-5%)
77
132
305
135
180
100
.
If there are conflicts between
the Appendix 9 Area Regulations and City Regulations, Appendix l shall
supersede.
(c) 45 feet where adjacent to single-family or duplex residential district,
(d) The required rear yard shall be open and unobstructed to the sky
from a point �0 inches aLlove the
average elevation of the graded rear yard, except for accessol� buildings as peal}fitted herein. Eaves,
covered porches, and roof extensions without structural support in the rear yard may extend into the rear
,card a distance not to exceed four feet. Balconies shall not project into the required rear yard.
(e) Minimum lot depth may be reduced to 1107 for
SF -84 lots in cul-de-sacs and knuckles
FIRST AMENDED SHERLEY TRACT SUBDNISION IM
PROVEMENT
AGREEMENT
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