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HomeMy WebLinkAboutRes 2020-08-786 Setting a Public Hearing on the Advisability of the Creation of a PID and Improvements within the ETJCITY OF ANNA, TEXAS RESOLUTION NO. AOA()V Y� aP;6(p A RESOLUTION SETTING A PUBLIC HEARING UNDER SEC. 372.009 OF THE TEXAS LOCAL GOVERNMENT CODE ON THE ADVISABILITY OF THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT AND IMPROVEMENTS WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF ANNA, TEXAS; AND AUTHORIZING THE ISSUANCE OF NOTICE BY THE CITY SECRETARY OF ANNA, TEXAS REGARDING THE PUBLIC HEARING. WHEREAS, the City of Anna, Texas (the "C�"), is authorized under Chapter 372 of the Texas Local Government Code (the "Act") to create a public improvement district within its corporate limits and its extraterritorial jurisdiction (the "ETJ"); and WHEREAS, on July 10, 2020, MM Anna 325, LLC, a Texas limited liability company, the owner of (1) taxable real property representing more than 50 percent of the appraised value of taxable real property liable for assessment under the proposal, as determined by the current roll of the appraisal district in which the property is located and (2) record owner of real property liable for assessment under the proposal who: (A) constitutes more than 50 percent of all record owners of property that is liable for assessment under the proposal,$ or (B) owns taxable real property that constitutes more than 50 percent of the area of all taxable real property that is liable for assessment under the proposal (the "Petitioner"), within the ETJ of the City, submitted and filed with the City Secretary of Anna (the "City Secretary") a certain First Amended Petition for the Creation of a Public Improvement District Within the Extraterritorial Jurisdiction of the City of Anna, Texas for the Sherley Tract Public Improvement District ("Petition'), attached as Exhibit A, requesting the establishment of the Sherley Tract Public Improvement District for approximately 290.877 acres of property within the ETJ of the City (the "District"); and WHEREAS, said petition described public improvements that the property desires to be made within the public improvement district; and WHEREAS, the City Council of Anna, Texas (the "City Council") will hold a public hearing in accordance with Section 372.009 of the Act regarding the advisability of establishing the District, the nature of the improvements contemplated, the estimated costs of the improvements, the boundaries of the District, the method of assessment, and the apportionment, if any, of the costs; and WHEREAS, it is hereby officially found and determined that the meeting at which this resolution was considered was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code; and WHEREAS, in order to hold a public hearing for the creation of a public improvement district, notice must be given in a newspaper of general circulation in the municipality before the 15tt' day before the date of the hearing, and written notice must be mailed to the current address of each Resolution Page 1 of 10 owner, as reflected on the tax rolls, of property that would be subject to assessment under the proposed public improvement district; and WHEREAS, both newspaper notice and mailed notice must contain the information required for notice as provided for in Section 372.009 of the Act; and WHEREAS, the City Council has determined to hold a public hearing on September 22, 2020 on the creation of a public improvement district; and WHEREAS, the City Council finds that the passage of this Resolution is in the best interest of the citizens of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section l: All of the above recitals are hereby found to be true and correct factual. determinations of the City and are hereby approved and incorporated by reference as though fully set forth herein. Section 2: City Staff reviewed the Petition and determined that the same complied with the requirements of the Act and the City Council accepts the Petition. Section 3: That a public hearing is hereby called for September 22, 2020, at 7:00 p. m. at Anna City Hall Administration Building, III N. Powell Parkway, Anna, Texas 75409 or other location as designated by the City and notice issued pursitant to the form of the Notice attached as Exhibit B, for the purpose of hearing public testimony with respect to the advisability of establishing the District, the nature of the improvements contemplated, the estimated costs of the improvements, the boundaries of the District, the method of assessment, and the apportionment, if any, of the costs. .Section 4: At such time and place the City Council will hear testimony regarding the creation A the proposed public improvement district and the City Council may, within its sole discretion, consider the adoption of a resolution authorizing the creation of the proposed public improvement district. Section 5: Attached hereto as Exhibit A is the First Amended Petition for the Creation of a Public Improvement District within the Extraterritorial Jurisdiction of the City of Anna, Texas for the Sherley Tract Public Improvement District, which includes a metes and bounds description for the District. Section 6: Attached hereto as Exhibit B is a form of the Notice of Public Hearing (the "Notice") the form and substance of which is hereby adopted and approved; provided that the location and time is subject to change as designated by the City. Section 7: Attached hereto as Exhibit C is a legal description of the approximately 290.877 acres of property to be included in the proposed public improvement district. Resolution �� Page 2 of 10 Section 8: The City Secretary is hereby authorized and directed to cause said Notice to be published in substantially the form attached hereto, in a newspaper of general circulation in the City and the part of the ETJ of the City where the District is located, and to mail a copy of said Notice to all landowners within the boundaries of the proposed public improvement district as required by law. The City Secretary shall provide Notice on or before September 4, 2020, which is before the 15th day before the September 22, 2020 hearing. Section 9: If any portion of this resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the City Council hereby determines that it would have adopted this resolution without the invalid provision. Section 10: This resolution shall be in full force and effect from and after its passage, and it is accordingly so resolved. PASSED AND APPROVED ON THIS ZSTHDAYOFAUGUST, 2020. ATTEST: Carrie L. Sff4t4t City Secretary �,.� QF A/� jv� rznc�see ea to Pike, Mayor Resolution '��� (�— Page 3 of 10 EXHIBIT A First Amended Petition for the Creation of a Public Improvement District Resolution � � �p Page 4 of 10 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 325, 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 A2reement"); 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 l . 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 them 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 1 PAGE EXECUTED BY THE PARTIES TO BE EFFECTIVE ON JULY 149 20200 CITY OF ANNA Name: Nate Pike Title: Mayor Date: / CV 06)0 APPROVED AS TO FORM IiA 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. 'n'c;%;�c- CABBIE L. SMITH My Notary ID # 11419404 ••.±; Expires February 4, 2023 Notary Public, State of Texas �ZA Name printed or typed Commission Expires:_ 4�� 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 � 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 SUBDIVISION IMPROVEMENT AGREEMENT 3 Notary Public, State of Texas PAGE EXHIBIT 1 Zoning District Area Regulations 4I U=-tv LIM I An 11I14G WlZTRl%�*i AREA Rl=%m2UL ,I IUIVZ SF-84 SF,72 SF-TH SF-TH hfiaximum height 35 35 35 (feet) Side yard, interior 5 5 5 0 Ors Ors (feet) Side yard, corner 10 10 10 10 10 10 lot, street side (feet) (c) Rear yard (feet) 10 10 10 10 10 10 (d) Front yard (feet) 25 25 25 20 77 20 20 Lot area (feet) 8A00 77200 4984 4„000 2000 per unit 2000 per unit 5,000 Min. lot width 70 771 60 50 40 20 ?0 (feet) Min, lot depth 120 110 100 t00 80 80 (feet) (e) Max lot coverage 55°'Q 55% 55% 85% 70% 70°» (�IJ) Building size 1600 1800 1600 1200 900 900 (square feet) Masonry, (%) 60% 60% 600"' 60% 60% 60% Lot/Unit Count 81 139 323 143 190 108 per Concept Plan Maximum Lot/Unit 85 145 340 150 200 115 Count (+5%) Minimum LotLlnit 77 132 305 1K 100 Count (r,°/ ) L�j ' Brick or rack veneer; see also section 9.04-O34(e)(6). It there are conflicts between the Appendix. 1 Area Regulations and t�'ity Regulations, Appendix 1 shall supersede. {c) 45 feet where adjacent to single-tarniiy or duplex residential district. (d} The required rear yard shall be open and unobstructed to the sly from a point 30 inches agave tl�e average elevation of the graded rent yard, except for accessary i�uildings as pen��itted herein. Eaves, covered porches, and roof extensions without structural support in the rear yard may extend into the rear yard a distance not to exceed tour feet. Balconies shall not project into the required rear yard. {e} Minimum lot depth may be reduced to t 10'for SF-84 lots in cul-de-sacs and knuckles FIRST AMENDED SHERLEY TRACT SUBDNISION IMPROVEMENT AGREEMENT PAGE 4 CITY OF ANNA, TEXAS NOTICE OF PUBLIC HEARING REGARDING THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT Pursuant to Section 372.009(c) and (d) of the Texas Local Government Code, as amended (the "Act"), notice is hereby given that the City Council of the City of Anna, Texas ("City"), will hold a public hearing to accept public comments and discuss the petition (the "PetitionI% as amended, filed by MMAnna 325, LLC, a Texas limited liability company (the "Petitioner"), requesting that the City create the Sherley Tract Public Improvement District(the "District") to include property owned by the Petitioner and further described herein (the "Property"). Time and Place of the Hearin. The public hearing will start at 7:00 p.m. on September 22, 2020 at Anna City Hall Administration Building, I I I N. Powell Parkway, Anna, Texas 75409. General Nature of the Proposed Authorized Improvements. The general nature of the proposed public improvements (collectively, the "Authorized Improvements") may include: (i) street and roadway improvements, including related sidewalks, drainage, utility relocation, signalization, landscaping, lighting, signage, off-street parking and right-of-way; (ii) establishment or improvement of parks and open space, together with the design, construction and maintenance of any ancillary structures, features or amenities such as trails, playgrounds, walkways, lighting and any similar items located therein; (iii) sidewalks and landscaping, including entry monuments and features, fountains, lighting and signage; (iv) acquisition, construction, and improvement of water, wastewater and drainage improvements and facilities; (v) projects similar to those listed in subsections (i) - (iv) above authorized by the Act, including similar off -site projects that provide a benefit to the property within the District; (vi) special supplemental services for improvement and promotion of the district; (vii) payment of costs associated with operating and maintaining the public improvements listed in subparagraphs (i) - (vi) above; and (viii) payment of costs associated with developing and financing the public improvements listed in subparagraphs (i) - (vi) above, and costs of establishing, administering and operating the District. These Authorized Improvements shall promote the interests of the City and confer a special benefit upon the Property. Estimated Cost of the Authorized Improvements. The estimated cost to design, acquire and construct the Authorized Improvements, together with bond issuance costs, eligible legal and financial fees, eligible credit enhancement costs and eligible costs incurred in establishment, administration and operation of the District is not to exceed $32,000,000. Proposed District Boundaries. The District is proposed to include approximately 290.877 acres of land generally located west of U.S. Highway 75 and north of Roseway Street, located within the extraten•itorial jurisdiction of the City and as more particularly described by a metes and bounds description available at Anna City Hall located 11 N. Parkway, Anna, Texas 75409 and available for public inspection. Proposed Method of Assessment. The City shall levy assessments on each parcel within the District in a manner that results in imposing equal shares of the costs on property similarly benefited. All assessments may be paid in full at any time (including interest and principal), and certain assessments may be paid in annual installments (including interest and principal). If an assessment is allowed to be paid in installments, then the installments must be paid in amounts necessary to meet annual costs for those Authorized Improvements Resolution Page 5 of 10 financed by the assessment, and must continue for a period necessary to retire the indebtedness of those Authorized Improvements (including interest). Proposed Apportionment of Cost between the District and the City. The City will not be obligated to provide any funds to finance the Authorized Improvements, except for assessments levied on real property within the District and possible tax increment reinvestment zone revenue. All of the costs of the Authorized Improvements will be paid from assessments and from other sources of funds, if any, available to the Petitioner, and possible tax increment reinvestment zone revenue During the public hearing, any interested person may speak for or against the establishment of the District and the advisability of the improvements to be made for the benefit of the property within the District. Resolution Page 6 of 10 EXHIBIT C BEING that certain tract of all situated in the Z. Roberts Survey, Abstract Number 760, the J. Boyle Survey, Abstract Number 105, the J.M. Kincade Survey, Abstract Number 509, and the J. Ellet Survey, Abstract Number 296, Collin County, Texas, being all of that tract of land described by deed to Jan Sherley Miller, Virgil A. Miller, and Marquin M. Payne, recorded in Instrument Number 20110401000341650, Official Public Records, Collin County, Texas, being all of that tract of land described by Deed to Jan Sherley Miller and Virgil Miller, recorded in Volume 1068, Page 507, said Public Records, and being a portion of that tract of land described by deed to Jan Sherley Miller, recorded in Volume 2667, Page 671, said Public Records, and being more particularly described by metes and bounds as follows: BEGINNING at the most northerly northeast corner of said Miller and Payne tract recorded in Instrument Number 20110401000341650; THENCE S O1°39'27"E, 46.23 feet; THENCE S 00°07'45"W, 239.62 feet; THENCE S 00°02'S4"E, 240.98 feet; THENCE S 00° 16' 10"W, 240.11 feet; THENCE S 00°OS'15"W, 193.73 feet; THENCE S 00009149"W, 159.37 feet; THENCE S 03007130"W, 136.17 feet; THENCE S 00010128"W, 117.40 feet; THENCE S 89°51118"E, 18.32 feet; THENCE N 55°45'18"E, 13.27 feet; THENCE N 29020'54"E, 61.95 feet; THENCE N 82059'12"E, 29.11 feet; THENCE S 76048'02"E3 38.97 feet; THENCE N 81 °31'02"E, 42.52 feet; THENCE N 64056'1011E, 12.15 feet; THENCE S 30032'08"E, 25.22 feet; THENCE S 00°1415W, 13.28 feet; THENCE S 32°18S8E, 21.36 feet; Resolution Page 7 of 10 THENCE S 78°0 720E, 14.66 feet; THENCE N 10°2629E, 17.31 feet; THENCE N 53°35'10"E, 21.88 feet; THENCE N 78°49'S8"E, 15.44 feet; THENCE S 57°06'S9"E, 24.14 feet; THENCE S 41°22'42"E, 62.38 feet; THENCE S 01 ° 13'29"E, 28.82 feet; THENCE S 00°45'46"W, 119.18 feet; THENCE S 88°56'22"E, 602.59 feet, to the northeast corner of said Miller and Payne tract recorded in Instrument Number 20110401000341650 and being the northwest corner of aforementioned Miller tract recorded in Volume 2667, Page 671; THENCE N 89°49'S1 "E, 933.16 feet; THENCE N 89°46'06"E, 488.86 feet, passing the northeast corner of said Miller tract and being the northwest corner of aforementioned Miller tract recorded in Volume 1068, Page 507; THENCE S 03°23'35"E, 989.07 feet, to the beginning of a curve to the right; THENCE with said curve to the right, an arc distance of 277.01 feet, through a centt•al angle of 38°31'S4", having a radius of 4111.7 feet, the long chord which bears S 15°52'22"W, 271.82 feet; THENCE S 35°08'19"W, 286.03 feet; THENCE S 06006'4111W, 811.64 feet; THENCE S 89°56' 10"W, 1154.19 feet, to the southwest corner of the aforementioned Miller h•act recorded in Volume 2667, Page 671; THENCE N 00010'56"E, 232.21 feet, to the southeast corner of the aforementioned Miller and Payne tract recorded in Instrument Number 20110401000341650; THENCE S 89009'27"W, 794.06 feet; THENCE S 89039'13"W, 1753.66 feet; THENCE S 89055'39"W, 746.70 feet; THENCE S 89051'3911W, 315.81 feet; THENCE S 89°0941 "W, 111.58 feet, to the most southerly southwest corner of said Miller and Payne tract; Resolution THENCE N 20°1035E, 140.94 feet; THENCE N 55°00S9E, 55.72 feet; THENCE N 65°08S5E, 164.54 feet; THENCE N 24°07'01 "E, 75.15 feet; THENCE N 08°28'12"E, 68.74 feet; THENCE N 18°33'24"E3 30.27 feet; THENCE N 39°07'19"E, 204.32 feet; THENCE N 15°58'26"E, 96.33 feet; THENCE N 51°42'39"E, 216.49 feet; THENCE N 10°14'20"E, 39.18 feet; THENCE N 16°20'38"W, 43.77 feet; THENCE N 25°38'17"W, 56.21 feet; THENCE N 30°23'S1 "W, 42.71 feet; THENCE N 30°57'S6"W, 141.18 feet; THENCE N 220041S6"W, 112.22 feet; THENCE N 08032118"W, 237.53 feet; THENCE N 210211S611W, 73.37 feet; THENCE N 12°4513211W, 39.65 feet; THENCE N 04005'51 "E, 114.57 feet; THENCE N 05037'47"E, 102.03 feet; THENCE N 20012'S0"E, 61.91 feet; THENCE N 15056'54"E, 37.72 feet; THENCE N 10049'3211E, 87.03 feet; THENCE N 23°29'O1"E, 238.46 feet; THENCE N 60008'36"E5 217.24 feet; THENCE N 40°3612E, 97.96 feet; Resolution Page 9 of 10 THENCE N 22°5402E, 117.90 feet; THENCE N 54°1835E, 58.08 feet; THENCE N 42°30'22"E, 62.53 feet; THENCE N 22°13'30"E, 121.36 feet; THENCE N 31°23'35"E, 106.80 feet; THENCE N 24°37'O1"E3 76.66 feet; THENCE N 08°41'S0"W, 134.21 feet; THENCE N 30°06'30"E, 75.08 feet; THENCE N 66°06'02"E, 55.48 feet; THENCE N 52°19'07"E, 141.40 feet; THENCE N 18°14'45"E, 95.78 feet; THENCE N 43°56'12"E, 420.59 feet; THENCE N 28°03'26"E, 46.51 feet; THENCE N 04° 16'S6"E, 105.49 feet, to the northwest coiner of the aforementioned Miller and Payne tract recorded in Instrument Number 201104010003416M; THENCE N 89°3614011E, 276.78 feet; THENCE N 89°54111"E, 938.53 feet to the Point of Beginning and containing 12,670,595 square feet or 290.877 acres of land more or less. "This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared." Resolution Page 10 of 10 FIRST AMENDED PETITION FOR THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF ANNA, TEXAS FOR THE SHERLEY TRACT PUBLIC IMPROVEMENT DISTRICT This petition ("Petition") is submitted and filed with the City Secretary of the City of Anna, Texas ("C�"), by MM Anna 325, LLC (the "Petitioner"), the owner of approximately 290.877 acres of real property located within the proposed boundaries of the District, as hereinafter defined. Acting pursuant to the provisions of Chapter 372, Texas Local Government Code, as amended (the "Act'), the Petitioner requests that the City create a public improvement district (the "District"), to include property located within the extraterritorial jurisdiction of the City (the "Propert)'), more particularly described by a metes and bounds description in Exhibit A and depicted in Exhibit B. In support of this Petition, the Petitioner would present the following: Section 1. General Nature of the Authorized Improvements. The general nature of the proposed public improvements (collectively, the "Authorized Improvements") may include: (i) street and roadway improvements, including related sidewalks, drainage, utility relocation, signalization, landscaping, lighting, signage, off-street parking and right -of --way; (ii) establishment or improvement of parks and open space, together with the design, construction and maintenance of any ancillary structures, features or amenities such as trails, playgrounds, walkways, lighting and any similar items located therein; (iii) sidewalks and landscaping, including entry monuments and features, fountains, lighting and signage; (iv) acquisition, construction, and improvement of water, wastewater and drainage improvements and facilities; (v) projects similar to those listed in subsections (1) - (iv) above authorized by the Act, including similar off -site projects that provide a benefit to the property within the District, (vi) special supplemental services for improvement and promotion of the district; (vii) payment of costs associated with operating and maintaining the public improvements listed in subparagraphs (1) - (vi) above; and (viii) payment of costs associated with developing and financing the public improvements listed in subparagraphs (1) - (vi) above, and costs of establishing, administering and operating the District. These Authorized Improvements shall promote the interests of the City and confer a special benefit upon the Property. Section 2. Estimated Cost of the Authorized Improvements. The estimated cost to design, acquire, and construct the Authorized Improvements, together with bond issuance costs, eligible legal and financial fees, eligible credit enhancement costs and eligible costs incurred in the establishment, administration, and operation of the District, is $32,000,000.00, The City will pay none of the costs of the proposed improvements from funds other than such assessments. The remaining costs of the proposed improvements will be paid from sources other than the City or assessments of property owners. Section 3. Boundaries of the Proposed District. The District is proposed to include the Property. JUL 10 2020 Sherley Tract PID Petition Page 1 Section 4. Proposed Method of Assessment. The City shall levy assessments on each parcel within the District in a manner that results in imposing equal shares of the costs on property similarly benefited. All assessments may be paid in full at any time (including interest and )rincipal), and certain assessments may be paid in annual installments (including interest and )rincipal). If an assessment is allowed to be paid in installments, then the installments must be paid in amounts necessary to meet annual costs for those Authorized Improvements financed by the assessment, and must continue for a period necessary to retire the indebtedness of those Authorized Improvements (including interest). Section 5. Proposed Apportionment of Costs between the District and the City. The City All not be obligated to provide any funds to finance the Authorized Improvements, other than fiom assessments levied on the District and possible tax increment reinvestment zone revenue. The Petitioner may also pay certain costs of the improvements from other funds available to the Petitioner, and possible tax increment reinvestment zone revenue. Section 6. Management of the District. The Petitioner proposes that the District be managed by the City, with the assistance of a consultant, who shall, from time to time, advise the City regarding certain operations of the District. Section 7. The Petitioner Requests Establishment of the District. The persons signing this Petition request the establishment of the District and are duly authorized to execute and deliver the Petition. Section 8. Advisory Board. The Petitioner proposes that the District be established and managed without the creation of an advisory board. If an advisory board is created, the Petitioner requests that a representative of the Petitioner be appointed to the advisory board. Section 9. Landowner(sl. This Petition has been signed by (1) the owners of taxable real property representing more than 50 percent of the appraised value of taxable real property liable for assessment under the proposal, as determined by the current roll of the appraisal district in which the property is located; and (2) record owners of real property liable for assessment under the proposal who: (A) constitute more than 50 percent of all record owners of property that is liable for assessment under the proposal; or (B) own taxable real property that constitutes more than 50 percent of the area of all taxable real property that is liable for assessment under the proposal. This Petition is hereby filed with the City Secretary of the City, or other officer performing the functions of the municipal secretary, in support of the creation of the District by the City Council of the City as herein provided. The undersigned request that the City Council of the City call a public hearing on the advisability of the Authorized hmprovements, give notice thereof as provided by law and grant all matters requested in this Petition and grant such other relief, in law or in equity, to which Petitioner may show itself to be entitled. Sherley Tract PID Petition Page 2 RESPECTFULLY SUBMITTED, on this the to day of July, 2020. PETITIONER: 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 By: Name: Meludad Moayedi Its: Manager STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the �� day of July, 2020 by Meludad Moayedi, Manager of 21vi Ventures, as Manager of MMM Ventures, LLC, as Manager of AM Anna 325, LLC, a Texas limited liability company on behalf of said company, TREVORKOLUIJGER Notary Public, State of Texas Comm. Expires 01-05-2021 Notary ID 130950327 Notary Public, State of Texas Sherley Tract PID f etition Metes and Bounds Description Approximately 290.877 Acres BEING that certain tract of land situated in the Z. Roberts Survey, Abstract Number 760, the J. Boyle Survey, Abstract Number 105, the J.M. Kincade Survey, Abstract Number 509, and the J. Ellet Survey, Abstract Number 296, Collin County, Texas, being all of that tract of land described by deed to Jan Sherley Miller, Virgil A. Miller, and Marquin M. Payne, recorded in Instrument Number 20110401000341650, Official Public Records, Collin County, Texas, being all of that tract of land described by Deed to Jan Sherley Miller and Virgil Miller, recorded in Volume 1068, Page 507, said Public Records, and being a portion of that tract of land described by deed to Jan Sherley Miller, recorded in Volume 2667, Page 671, said Public Records, and being more particularly described by metes and bounds as follows: BEGINNING at the most northerly northeast corner of said Miller and Payne tract recorded in Instrument Number 20110401000341650; THENCE S O1°39'27"E, 46.23 feet; THENCE S 00°07'45"W, 239.62 feet; THENCE S 00°02'S4"E, 240.98 feet; THENCE S 00°16'10"W, 240.11 feet; THENCE S 000OS11511W, 193.73 feet; THENCE S 00009'49"W, 159.37 feet; THENCE S 03007'30"W, 136.17 feet; THENCE S 00°10'28"W, 117.40 feet; THENCE S 89°51'18"E, 18.32 feet; THENCE N 55045118"E, 13.27 feet; THENCE N 29020'54"E, 61.95 feet; THENCE N 82059'12"E, 29.11 feet; THENCE S 76048'02"E, 38.97 feet; THENCE N 81 °31'02"E, 42.52 feet; THENCE N 64°5610E, 12.15 feet; THENCE S 30°32'08"E, 25.22 feet; THENCE S 00°1415W, 13.28 feet, THENCE S 32°18S8E, 21.36 feet; THENCE S 78°0T20"E, 14.66 feet; THENCE N 10°26'29"E, 17.31 feet; THENCE N 53°35'10"E, 21.88 feet; THENCE N 78°49'S8"E, 15.44 feet; THENCE S 57°06'S9"E, 24.14 feet; THENCE S 4I°22'42"E, 62.38 feet; THENCE S O1°13'29"E, 28.82 feet; THENCE S 00°45'46"W, 119.18 feet; THENCE S 88°56'22"E, 602.59 feet, to the northeast corner of said Miller and Payne tract recorded in Instrument Number 20110401000341650 and being the northwest corner of aforementioned Miller tract recorded in Volume 2667, Page 671; THENCE N 89°49'S1 "E, 933.16 feet; THENCE N 89°46'06"E, 488.86 feet, passing the northeast corner of said Miller tract and being the northwest corner of aforementioned Miller tract recorded in Volume 1068, Page 501, THENCE S 0302313S"E, 989.07 feet, to the beginning of a curve to the right; THENCE with said curve to the right, an arc distance of 277.01 feet, through a central angle of 38°31'S4", having a radius of 411.91 feet, the long chord which bears S 15°52'22"W, 271.82 feet; THENCE S 35°08119"W, 286.03 feet; THENCE S 06006'41 "W, 811.64 feet; THENCE S 89056'10"W, 1154.19 feet, to the southwest corner of the aforementioned Miller tract recorded in Volume 2667, Page 671; THENCE N 00010'S6"E, 232.21 feet, to the southeast corner of the aforementioned Miller and Payne tract recorded in Instrument Number 20110401000341650; THENCE S 89009'27"W, 794.06 feet; THENCE S 8903911311W, 1753.66 feet; THENCE S 89055'39"W, 746.70 feet; THENCE S 89°51'39"W, 315.81 feet; THENCE S 89°0941 "W, 111.58 feet, to the most southerly southwest corner of said Miller and Payne tract; THENCE N 20°1035E, 140.94 feet; THENCE N 55°00'S9"E, 55.72 feet; THENCE N 65°08'S5"E, 164.54 feet; THENCE N 24°07'01 "E, 75.15 feet; THENCE N 08°28'12"E, 68.74 feet; THENCE N 18°33'24"E, 30.27 feet; THENCE N 39°07'19"E, 204.32 feet; THENCE N 15°58'26"E, 96.33 feet; THENCE N 51°42'39'B, 216.49 feet; THENCE N 10°14'20"E, 39.18 feet; THENCE N 16°20'38"W, 43.77 feet; THENCE N 25°38'17"W, 56.21 feet; THENCE N 30°23'S1 "W, 42.71 feet; THENCE N 300571S611W, 141.18 feet; THENCE N 220041S6"W, 112.22 feet; THENCE N 08°32'18"W, 237.53 feet; THENCE N 21 °21'S6"W, 73.37 feet; THENCE N 1204532"W, 39.65 feet; THENCE N 04005'51 "E, 114.57 feet; THENCE N 05037'47"E, 102.03 feet; THENCE N 20012'50"E, 61.91 feet; THENCE N 15056'54"E, 37.72 feet; THENCE N 10049'32"E, 87.03 feet; THENCE N 23°29'O1 "E, 238.46 feet; THENCE N 6000836E, 217.24 feet; THENCE N 40°3612E, 97.96 feet; THENCE N 22°54'02"E, 117.90 feet; THENCE N 54°18'35"E, 58.08 feet; THENCE N 42°30'22"E, 62.53 feet; THENCE N 22°13'30"E, 121.36 feet; THENCE N 31 °23'35"E, 106.80 feet; THENCE N 24°37'01 "E, 76.66 feet; THENCE N 08°41'S0"W, 134.21 feet; THENCE N 30°06'30"E, 75.08 feet; THENCE N 66°06'02"E, 55.48 feet; THENCE N 52°19'07"E, 141.40 feet; THENCE N 18°14'45"E, 95.78 feet; THENCE N 43°56'12"E, 420.59 feet; THENCE N 28°03'26"E, 46.51 feet; THENCE N 04°161S611E, 105.49 feet, to the northwest corner of the aforementioned Miller and Payne tract recorded in Instrument Number 20110401000341650; THENCE N 89036140"E, 276.78 feet; THENCE N 89054'11 "E, 938.53 feet to the Point of Beginning and containing 12,670,595 square feet or 290.877 acres of land more or less. "This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared." ti 4il2. Iy Silf 1 n=nc. T. NBE LF Vio MOD _LsD-�-2 LY9 L5u-- ^PR9il'- SNLE 11 FEET hrf ro „��RfN L,e-= XfYTX rlf rY+fr 4•if. L47-�_ Wi e�t:n Y,.a L3S :u=. Yy ,IY L3 L27 Olt 4#6" 1 Y LI7 \ Len sr Lsi —135 L24 ' V <la'n'w 746.Yif' 11 w 7 EXHIBIT B Property Depiction �ka`yh+i�yiY' pD RG..I '> I189'07'41 F 438.57• Ll. :n7'ir'nTw 13f tJ' IF 7.4W TRACI I WV ANNA 215. Ut 3F1+. 1: 1;1 596'4Ysy-w rTil.l'4'• 4 a=n cc 1. SEB'I2'�4.W r94.t�' "This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which It was prepared." ii��1 t�E LOTU N (�� LAMS :o�urFOHr. t1UD i�� St. EU,[ 05 rla�ro.rxt�n Yll•717•TS(1 SO6 �. GEN180Gt va nwrt,e\,is;\ce:1Xn51�Hr,;tEr_si!�..�r_'v++s7E: BY: tAY03T 5r,;'1•a3'a3`E 2.i4 fit' stu'rA72*E 740AW a 50'9' 18'E 240 F t' +-SO W'13'E IfDA 7Y LNF'WE 159,3T KNfi58'23'e I:N9'54'�8'F 937.r6' 4rx39T Y% P {S: T S � v zsa.11• ;Eirt Va'42"W 1.15410' 29Q_i37 �' AC:KE 6Y:.9RAMSEY IDATE:1Ft26P2619 i pA0ER:1 OFi