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
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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.
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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
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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.
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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;
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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;
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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."
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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."
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EXHIBIT B
Property Depiction
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"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."
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