HomeMy WebLinkAboutRes 2020-11-813A Agree W/LHJH Propertiesdb :b0�1'U Utl ►J:
CITY OF ANNA, TEXAS
RESOLUTION NO. o'�F dL� l 1 61.3/A
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A DEVELOPMENT
AGREEMENT WITH LHJH PROPERTIES, LTD, A TEXAS LIMITED PARTNERSHIP,
RELATING TO DEVELOPMENT AND DESIGN REGULATIONS FOR MULTI -USE
DEVELOPMENT LOCATED AT THE NORTHWEST AND SOUTHWEST CORNERS OF
FUTURE ROSAMOND PARKWAY AND FUTURE FERGUSON PARKWAY.
WHEREAS, LHJH Properties, LTD, a Texas Limited Partnership, is the Property Owners of
real estate located at the northwest and southwest corners of future Rosamond Parkway
and future Ferguson Parkway; and
WHEREAS, Property Owners desire to rezone the subject property to allow commercial
and residential uses; and
WHEREAS, Property Owners have agreed to development and design regulations should
the City approve rezoning the property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Approval
The City Council hereby approves the Development Agreement with LHJH Properties,
LTD, a Texas Limited Partnership, attached hereto as Exhibit A, and raes and approves
the City Manager's execution of the same. The City Manager is hereby authorized to
execute all documents and take all other actions necessary to finalize, act under and
enforce the Agreement.
PASSED by the City Council of the City of Anna, Texas, on this 10th day of November
2020.
ATTESTED:
Carrie L. Land, City Secretary
Pike, Mayor
DEVELOPMENT AGREEMENT
This Development Agreement (this "Agreement") is entered effective as of November,
10, 2020 ("Effective Date") between and among the City of Anna, Texas, a Texas home -rule
municipality ("City") and LHJH Properties, LTD., a Texas limited partnership ("Property
Owner") as follows:
RECITALS
WHEREAS, the Property Owner is the sole owner of 275.0± acres of real property described
in Exhibit 1 and depicted on Exhibit 2, (the "Property"); and,
WHEREAS, the Property is presently under contract (the "Contract") to be sold by the Property
Owner and purchased by DRHI, Inc., a Delaware corporation ("Developer").
WHEREAS, Property Owner has, at the request of Developer, applied to rezone the Property
to allow for Planned Development -Multi -Use which will include the following zoning districts
with modified development standards; C-1 Restricted Commercial (C-1), C-2 General
Commercial District (C-2), MF-2 Multiple -Family Residential - High Density (MF-2), SF-72
Single -Family Residence District (SF-72), SF-60 Single -Family Residence District (SF-60), SF-
Z Single -Family Residence District - Zero lot line homes (SF-Z), and SF-TH Townhome District
(SF-TH); and,
WHEREAS, the City's Planning &Zoning Commission and City Council have given the
requisite notices by publication and otherwise and have scheduled public hearings with respect
to the rezoning of the Property as required by law; and,
WHEREAS, in the case of the Property being rezoned, the City and Property Owner desire to
enter into a development agreement to establish development and design regulations to ensure
that future development is appropriate for the area and fits in well with adjacent properties; and,
WHEREAS, it is the Parties' mutual intent that this agreement shall govern only the subject
matter specifically set forth herein and shall supersede provisions of Anna City Code of
Ordinances and other regulations and adopted policies of the City (collectively, "City
Regulations") only to the extent that any such City Regulations directly conflict with the terms
of this development agreement; and,
NOW, THEREFORE, in consideration of the above recitals and the mutual consideration as
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reflected in the covenants, duties and obligations contained herein, the sufficiency of which is
hereby acknowledged, the Parties hereto agree as follows, effective as of the Effective Date:
SECTION 1. RECITALS INCORPORATED.
The recitals set forth above are incorporated herein as if set forth in full to further describe the
Parties' intent under this development agreement and said recitals constitute representations by
Property Owner, Developer, and the City.
SECTION 2. DEVELOPMENT STANDARDS /BUILDING MATERIALS.
With respect to all structures/development within the PD-MU Zoning District, Property Owner
agrees to comply or to cause the builders to comply and any other successors or assigns to
comply with all City Regulations and with the masonry material requirements and all other
requirements of the Anna City Code of Ordinances, Article 9.04 Zoning Ordinance, Section
9.04.034 Supplementary District Regulations, Subsection (e) Architectural Design Standards
and with the following standards (in the event of any conflict, the following listed standards shall
govern).
Nonresidential Buildings
A. At least 80% of the exterior walls (excluding doors, door frames, windows, and window
frames) shall use only stone, brick, and/or split face concrete masonry units in the
construction of the exterior facade that are visible to the public.
B. At least 60% of exterior facades not visible to the public (excluding doors, door frames,
windows, and window frames) are required to be brick or rock veneer.
C. A maximum of 10% of any exposed exterior wall may consist of EIFS
D. Where the function of an individual business, or the recognized identity of a brand dictates
CA specc style, image, or bung material associated with that company, the masonry
provision may be modified; however, the development shall maintain harmony in terms
of overall project design and appearance, and such design shall be subject to approval
by the City Council after recommendation from the Planning & Zoning Commission.
Multiple -Family Residence Buildings
A. All multi -family buildings and structures shall have at least sixty percent (60%), for the
first three stories of the total exterior walls above grade level, excluding doors and
windows, and recessed balcony areas (should be allowed as plane break), constructed
of masonry (brick/rock veneer) materials with no more than forty percent (40%)
consisting of cementitious siding (Hardie products) or stucco materials.
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B. A maximum of 1076 of any exposed exterior wall may consist of EIFS
C. Roofing materials for buildings and structures must be architectural roof shingles, said
shingles shall be accompanied with a minimum 25-year warranty. Under no
circumstance shall three -tab shingles be used as roofing material.
D. Accessory buildings shall use similar building and roofing materials as those
used on the primary buildings.
E. Two or more distinct building models shall be designed for projects with more than four
primary buildings.
F. A covered entry area shall be designed at the main entry to each building.
G. A minimum of 75% of all units must have one of the following design features: a true
balcony, stoop, or patio to create outdoor living space.
H. Four architectural design features are required on facades facing public streets,
parking, and common areas. Acceptable architectural design features may include but
are not limited to.
1) Articulation of building fagade.
2) Extensions to the building through bay or box windows, and other similar
features projecting out from the fagade.
3) A horizontal change in building materials between stories of a building.
4) Variation in building materials between vertical intervals.
5) Variations in window placement.
6) Architectural features such as shutters, awnings, balconies, verandas, railings,
dormersI chimneys, decorative moldings or ornamental details.
7) Roof height, pitch, ridgelines, and materials shall be varied to create visual
interest and avoid repetition.
Single -Family Residence Buildings (SF-72, SF-60, SF-Z, and SF-TH)
A. Except as noted below, the exterior walls (excluding windows and doors) on the first -floor
front elevation of any structure shall be 90 percent masonry and 80 percent on the
second -floor front elevation. The total cumulative surface area of the remaining exterior
walls (excluding windows and doors) shall be 80% masonry.
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B. A maximum of 10% of any exposed exterior wall may consist of EIFS.
C. Second floor Dutch gable roof elements are not required to be masonry if set back at least
3 feet from the first -floor front elevation vertical plane.
D. The masonry standards that apply to the front elevation of a structure as described in
subsection (A) above shall also apply to any exterior walls on a structure that are: (i)
adjacent to and face a public street or right-of-way; or (ii) visible from and located
immediately adjacent to a public park, reserved open space or neighborhood common
area, or an undeveloped flood hazard or drainage area that is also adjacent to a public
street.
E. Roofing materials of a structure may only consist of architectural asphalt shingles
(including laminated dimensional shingles), clay and concrete tile, metal shingles,
mineral -surfaced row roofing, slate and slate -type shingles, wood shingles, wood shakes
or an equivalent or better product as compared with said materials. Should architectural
shingles be used as roofing material, said shingles shall be accompanied with a minimum
25-year warranty. Under no circumstance shall three -tab shingles be used as roofing
material.
a. House repetition:
i. Within residential developments, single-family homes with substantially
identical exterior elevations can only repeat every three (3) lots when
fronting the same right-of-way including both sides of the street.
ii. Homes side by side or across the street within one house (directly
across the street or "caddy corner" across the street) shall not have
substantially identical exterior elevations.
b. Roofs:
i. Except for porch roofs and shed roofs, pitched roofs shall have a
minimum slope of 6" x 12" (six inches vertical rise for every 12 inches
horizontal run) and shall have an overhang at least 1' (one foot) beyond
the building wall; however, the overhang shall not encroach into a
setback more than one foot.
ii. Roofing materials in all residential districts may only consist of
architectural asphalt shingles (including laminated dimensional
shingles), clay and concrete tile, metal shingles, mineral -surfaced row
roofing, slate and slate -type shingles, or better product as compared
with said materials. Should architectural shingles be used as roofing
material, said shingles shall be accompanied with a minimum 25-year
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warranty. Under no circumstance shall three -tab shingles be used as
roofing material.
c. Garages: On front entry garages the face of a garage (i) may not be extended
more than ten feet beyond the remainder of the front elevation of the primary
living area of a house; and (ii) the garage doors may not be over 60% of the
total frontage width of a house whether or not swing drives ("J" drives) are used.
Porches or columns are not considered part of the front elevation of the primary
living area.
d. Building articulation: At least four (4) facade articulation techniques are
required on each single-family home to add architectural variety and interest to
a building. The following features shall be acceptable techniques of exterior
articulation.
A base course or plinth course; banding, moldings, or stringcourses;
quoins; oriels; cornices; arches; brackets; keystones; dormers; louvers
as part of the exterior wall construction. (Quoins and banding shall wrap
around the corners of the structure for at least two feet.)
ii. Balconies.
iii. Bay windows.
iv. Masonry chimney(s).
v. Double -entry door(s).
vi. Covered Entry(ies)
vii. The use of both stone and brick on the front elevations with a minimum
of ten percent coverage of one of the elements.
Front porch of at least 40 square feet.
ix. The installation of at least two (2) coach lights.
x. Other techniques for building articulation can be substituted if
administratively approved by the administrative official.
e. Garage doors. All garages must also incorporate wood clad (or equivalent)
garage doors or wood composite doors and contain at least two of the following
enhancements:
Two single garage doors (in lieu of double doors);
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ii. Decorative windows;
. Decorative hardware;
iv. Garage door recessed a minimum of 12 inches from the garage face;
v. Cast stone surround.
f. Front doors. All doors on the font facade of a residence shall be constructed of
wood, iron, glass, and/or architectural fiberglass.
SECTION 3. NOTICES.
Any and all notices required to be given by either of the parties hereto must be in writing and
will be deemed delivered upon personal service, if hand -delivered, or when mailed in the
United States mail, certified, return receipt requested, addressed as follows:
To City: City Manager
City of Anna
111 North Powell Parkway
PO Box 776
Anna, Texas 75409
To Property Owner:
LHJH Properties, LTD
PO Box 122
Anna, Texas 75409
Attn: Russell L Harlow
SECTION 4. MODIFICATIONS OR TERMINATION.
This Agreement may only be modified and/or terminated as follows: (a) by mutual written
agreement of Property Owner and City; and/or (b) unilaterally by City upon default of the
Property Owner. Notwithstanding the foregoing or any other provision of this Agreement, this
Agreement shall terminate and be null and void if the City does not approve the rezoning of
the Property to be zoned as Planned Development -Multi -Use which includes the following
zoning district with modified development standards; Restricted Commercial (C-1), General
Commercial (C-2), Multiple -Family Residential - High Density (MF-2), Single Family
Residence-72 (SF-72), Single Family Residence-60 (SF-60), Single -Family Residence - Zero
lot line homes (SF-Z), and Single -Family Townhome District (SF-TH), as set forth in Section
9.04 of the Anna City Code of Ordinances, ("Zoning Ordinance"). The parties acknowledge
and agree that the rezoning of the Property is a legislative act and that this Agreement does
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not bind the City Council to approve any proposed rezoning of the Property.
SECTION 5. CLOSING.
The Contract provides that the closing and funding of the sale of the Property shall occur on
December 17. 2020, unless otherwise amended by the parties to the Contract (the "Closing").
Notwithstanding anything to the contrary herein, upon Closing and funding of the sale of the
Property, Developer or its successors or assigns shall fully assume all of Property Owner's rights
and obligations under this Agreement and LHJH Properties, Ltd. and LHJH Management
Company, LLC, its successors and assigns, shall be fully and completely released from this
Agreement for all purposes, without the necessity of additional notice from or action by any Party.
Nothing in this Section 5 shall serve to release any subsequent owners of the Property from the
terms, conditions and obligations in this Agreement.
If Closing does not occur and the Contract is terminated, the City agrees to reasonably cooperate
with Property Owner to modify the terms and conditions of this Agreement to accommodate any
subsequent purchaser(s) and/or alternative use(s) of the Property.
SECTION 6. DEFAULT.
If Property Owner, its heirs, successors or assigns or subsequent owners of the Property, fail to
fully comply with all the terms and conditions included in this Agreement (the "Defaulting
Owner"), City will have the following non-exclusive and cumulative remedies.
A. Withholding of utilities or withholding or revocation of permits and other approvals
required for development and use of the portion of the Property that is the subject of
the default (but no other portions of the Property) including without limitation building
permits and certificates of occupancy.
B. The Defaulting Owner, or its heirs, successors or assigns, or subsequent owners of
the Property (collectively, the "Defaulting Developer Parties") shall be liable to pay to
the City the sum of $2,000 for each failure to fully comply with the development
standards set forth in Section 3 of this Agreement. The Defaulting Developer Parties
shall be liable to pay the City said $2,000 sum per day for each day that such failure
to comply occurs. The sums of money to be paid for such failure(s) is not to be
considered as a penalty, but shall be deemed, taken and treated as reasonable
liquidated damages that accrue per day that such a failure shall exist or occur. The
said amounts are fixed and agreed upon by the parties because of the impracticability
and extreme difficulty of fixing and ascertaining the actual damages the City in such
event would sustain; and said amounts are agreed to be the amounts of damages
which the City would sustain. Notwithstanding the foregoing, none of the Defaulting
Developer Parties shall be liable to pay the liquidated damages that accrue under this
paragraph unless there is a breach of any material term or condition of this Agreement
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and such breach remains uncured after forty-five (45) calendar days following receipt
of written notice from the City provided in accordance with this Agreement describing
said breach in reasonable detail (or, if the cure of the breach has diligently and
continuously been undertaken but reasonably requires more than forty-five (45)
calendar days to cure, then such additional amount of time as is reasonably necessary
to effect the cure, as determined by both Parties mutually and in good faith but in no
event shall such additional period exceed 120 days unless agreed to in writing by the
parties to this Agreement). In the event of a breach that is not timely cured in
accordance with this paragraph, the sum of liquidated damages shall be calculated to
include each and every day of the occurrence of the breach beginning on the date that
the City first provided written notice of such breach under this paragraph and the City
shall not be required to provide a subsequent written notices as to subsequent dates
or times during which such breach is repeated or continues to occur.
C. In the event of a default, the non -defaulting party will additionally have any and all
remedies available to it at equity or in law.
SECTION 7. BINDING ON SUCCESSORS, AGREEMENT RUNS WITH THE LAND.
Except as otherwise provided for herein, this Agreement will be binding upon and inure to the
benefit of the parties' respective successors, assigns and personal representatives. This
Agreement will run with the land and be binding on all subsequent Property Owners.
SECTION 8. INDEMNIFICATION AND HOLD HARMLESS.
THE PROPERTY OWNER, INCLUDING ITS SUCCESSORS AND ASSIGNS (THE
"INDEMNIFYING PAR TY"1, HEREBY COVENANTS AND AGREES TO RELEASE, DEFEND,
HOLD HARMLESS AND INDEMNIFY THE CITY AND ITS OFFICERS AGENTS
SERVANTS AND EMPLOYEES FROM AND AGAINST ALL THIRD -PARTY CLAIMS
SUITS, JUDGMENTS, DAMAGES, AND DEMANDS (TOGETHER, "CLAIMS") AGAINST
THE CITY WHETHER REAL OR ASSERTED INCLUDING WITHOUT LIMITATION
REASONABLE ATTORNEYS FEES RELATED EXPENSES EXPERT WITNESS FEES
CONSULTANT FEES AND OTHER COSTS ARISING OUT OF THE NEGLIGENCE OR
OTHER WRONGFUL CONDUCT OF THE INDEMNIFYING PARTY INCLUDING THE
NEGLIGENCE OR OTHER WRONGFUL CONDUCT OF ANY OF ITS EMPLOYEES
CONTRACTORS SUBCONTRACTORS MATERIAL MEN AND AGENTS IN
CONNECTION WITH THE DESIGN OR CONSTRUCTION OF ANY PUBLIC
INFRASTRUCTURE STRUCTURES OR OTHER FACILITIES OR IMPROVEMENTS THAT
ARE REQUIRED OR PERMITTED UNDER THIS AGREEMENT AND/OR CITY
REGULATIONS AND/OR ANY APPLICABLE DEVELOPMENT STANDARDS AND/OR ANY
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ER GOVERNING REGULATIONS: AND IT IS EXPRESSLY UNDERSTOOD THAT
SUCH CLAIMS SHALL EXCEPT AS MODIFIED BELOW INCLUDE CLAIMS EVEN IF
CAUSED BY THE CITY'S OWN CONCURRENT NEGLIGENCE SUBJECT TO THE TERMS
OF THIS SECTION. THE INDEMNIFYING PARTY SHALL NOT HOWEVER BE REQUIRED
TO INDEMNIFY THE CITY AGAINST CLAIMS CAUSED BY THE CITY'S SOLE
NEGLIGENCE. IF THE CITY INCURS CLAIMS THAT ARE CAUSED BY THE
CONCURRENT NEGLIGENCE OF THE INDEMNIFYING PARTY AND THE CITY THE
INDEMNIFYING PARTY'S INDEMNITY OBLIGATION WILL BE LIMITED TO A FRACTION
OF THE TOTAL CLAIMS EQUIVALENT TO THE INDEMNIFYING PARTY'S OWN
PERCENTAGE OF RESPONSIBILITY. THE INDEMNIFYING PARTY FURTHER
COVENANTS AND AGREES TO RELEASE DEFEND HOLD HARMLESS AND
INDEMNIFY, THE CITY AGAINST ANY AND ALL CLAIMS BY ANY PERSON CLAIMING AN
OWNERSHIP INTEREST IN THE PROPERTY AS OF THE DATE HEREOF WHO HAS NOT
SIGNED THIS AGREEMENT IF SUCH CLAIMS RELATE IN ANY MANNER OR ARISE IN
CONNECTION WITH: (1) THE CITY'S RELIANCE UPON ANY OF THE INDEMNIFYING
PARTIES' REPRESENTATIONS IN THIS AGREEMENT; (2) THIS AGREEMENT OR
OWNERSHIP OF THE PROPERTY; OR (3) THE CITY'S APPROVAL OF ANY TYPE OF
DEVELOPMENT APPLICATION OR SUBMISSION WITH RESPECT TO THE PROPERTY.
At no time shall the City have any control over or charge of the design, construction or
installation of any of the improvements to the Property or related work or undertakings, nor
the means, methods, techniques, sequences or procedures utilized for the design,
construction or installation related to same. This Agreement does not create a joint enterprise
or venture between the City and any of the Indemnified Parties. This Section 8 will survive the
termination of this Agreement.
SECTION 9. RECORDATION.
The parties may record this document in the property records of Collin County on or after
one (1) business day after Closing and funding of the Contract.
SECTION 9. ENTIRE AGREEMENT.
This Agreement is the entire agreement of the parties regarding the subject matter
hereto.
SECTION 10. RECITALS AND EXHIBITS.
The recitals herein and exhibits attached hereto are hereby incorporated by reference.
SECTION 11. AUTHORITY.
9�P�ge
Property Owner represents and warrants to the City that the Property Owner owns the Property
that this Agreement is binding and enforceable on the Property.
SECTION 12. INVALID PROVISIONS.
If any provision of this Agreement is held not valid, such provision will be deemed to be excised
there from and the invalidity thereof will not affect any of the other provisions contained herein.
SECTION 13. EFFECTIVE DATE.
This Agreement will be effective upon the Effective Date first stated herein.
CITY OF 'QINNA
By:
Jim roce, City Manager
IN WITNESS WHEREOF
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned notary public, on the !_s �_ day of '//L �., 2020,
appeared Jim Proce, known to me (or proved to me) to be the person whose name is subscribed
to the foregoing instrument, and acknowledged to me that he executed the same in his capacity
as City Manager of the City of Anna, Texas,
Notary Public, State of Texas
CABBIE L SMITH
My Notary Ip # 11419404
E�Ires February 49 2023
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LHJH Properties, LTD., a Texas limited partnership,
By: LHJH MANAGE M NT COMPAN "LC) it general partner
f'
By:
Russell L. Harlow, its m naging member
IN WITNESS WHEREOF
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned notary public, on the 10th day of November, 2020, appeared Russell
L. Harlow., known to me (or proved to me) to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he/she executed the same in his/her
capacity as managing member of LHJH Management Company LLC., in its capacity as general
partner of LHJH Properties, LTD, a Texas limited partnership.
Notary Public, State of Texas
CABBIE �. sMITH
*s��'
� W Notary ID # 11418404
"' i�;; '••'' Expires FeWery 4,2023
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EXHIBIT 1 - page 1 of 3
FIELD DESCRIPTION:
BEING a tract of land situated in the Town of Anna, Collin County, Texas, a part of Eli
Witt Survey, Abstract No. 997, being all of a called 159.819 acre tract of land described
in a Special Warranty Deed to LHJH Properties, Ltd., recorded in Instrument No.
20061003001424600, Official Public Records, Collin County, Texas (O.P.R.C.C.T),
being part of a called 159.819 acre tract of land described in a Special Warranty Deed
to LHJH Properties, Ltd., recorded in Instrument No. 20061003001424640,
(O.P.R.C.C.T) and being more particularly described as follows:
BEGINNING at afive-eighths inch iron rod with yellow plastic cap that is illegible found
at the southeast corner of said 159,819 acre tract of land (20061003001424600), said
iron rod being at the northeast corner of a called 226.62 acre tract of land described in a
Warranty Deed to QJR Partnership, Ltd. recorded in Volume 5106, Page 2380,
O.P.R.C.C.T and said iron rod being in the west line of a called 50.00 acre tract of land
described in a Special Warranty Deed to Kayasa Holdings, LLC, recorded in Instrument
No. 201908007000946750, (O.P.R.C.C.T);
THENCE South 89 degrees 28 minutes 48 seconds West, a distance of 2,984.87 feet
along the south line of said 159.819 acre tract of land (20061003001424600) and along
the north line of said 226.62 acre tract of land to a one-half inch iron rod with yellow
plastic cap stamped "BOHLER ENG" (hereinafter called "iron rod set") at the southwest
corner of said 159.819 acre tract of land (20061003001424600), said iron rod being at
the northwest corner of said 226.62 acre tract of land and said iron rod being in the east
line of a called 17.863 acre tract of land described in a Special Warranty Deed to Anna
18, LLC, recorded in Instrument No. 20161020001423440, (O.P.R.C.C.T);
THENCE North 01 degrees 07 minutes 28 seconds West, a distance of 272.50 feet
along the west line of said 159.819 acre tract of land (20061003001424600) Cl"d along
the east line of said 17.863 acre tract of land to a one-half inch iron rod found at the
northeast corner of said 17.863 acre tract of land and said iron rod being at the most
southerly southeast corner of a called 555.801 acre tract of land, described as Tract B
in a Special Warranty Deed to Risland Mantua, LLC, recorded in Instrument No.
20180625000783630,(O.P.R.C.C.T);
THENCE North 00 degrees 33 minutes 39 seconds West, a distance of 4,656.06 feet
along the most southerly east line of said 555.801 acre tract of land to a one-half inch
iron rod found at the most westerly northwest corner of said 159.819 acre tract of land
(20061003001424640);
THENCE South 86 degrees 39 minutes 03 seconds East, a distance of 774.75 feet
along the most westerly north line of said 159.819 acre tract of land
(20061003001424640) and along a south line of said 555.801 acre tract of land to a
one-half inch iron rod found for corner, from which a one-half inch iron rod found bears
North 01 degrees 19 minutes 02 seconds West, a distance of 2.04 feet;
EXHIBIT -page 2of3
THENCE South 89 degrees 10 minutes 24 seconds East, a distance of 1,018.92 feet
over and across said 159.819 acre tract of land (20061003001424640) to a one-half
inch iron rod set in the east line of said 159.819 acre tract of land
(20061003001424640), said iron rod being at the southwest corner of a called 83.36
acre tract of land described in a Quit Claim Deed to Alta McClain, recorded in Volume
626, Page 141, (D.R.C.C.T) which is now listed in the Collin County Appraisal District
records as being owned by Laura Collins to which no transfer of title either direct or
indirect can be found in Collin County Deed Records;
THENCE South 89 degrees 16 minutes 53 seconds East, a distance of 111.06 feet
along a north line of said 159.819 acre tract of land (20061003001424640) and along
the south line of said 83.36 acre tract of land to a one-half inch iron rod set at the most
easterly northeast corner of said 159.819 acre tract of land (20061003001424640), said
iron rod being at the northwest corner of a called 95.468 acre tract of land described in
a Warranty Deed to JY & KC, LLC, recorded in Instrument No. 20170608000746940,
(O.P.R.C.C.T), from which a mag nail found at the northeast corner of said 95.468 acre
tract of land bears South 89 degrees 16 minutes 24 seconds East, a distance of
1,497.23 feet and South 88 degrees 45 minutes 18 seconds East, a distance of 189.34
feet, said iron rod being in or near the centerline of County Road No. 371;
THENCE along the east line of said 159.819 acre tract of land (20061003001424640)
and along the west line of said 95.468 acre tract of land as follows:
South 01 degrees 16 minutes 44 seconds East, a distance of 1,185.56 feet to a
one-half inch iron rod with yellow cap stamped "JBI" found for corner;
South 00 degrees 47 minutes 08 seconds East, a distance of 1,100.00 feet to a
one-half inch iron rod set at the most westerly southwest corner of said 95.468
acre tract of land;
THENCE North 88 degrees 32 minutes 52 seconds East, a distance of 966.83 feet
along a north line of said 159.819 acre tract of land (20061003001424640) and along
the most westerly south line of said 95.468 acre tract of land to a one-half inch iron rod
with yellow cap stamped "JBI" found at the most easterly northeast corner of said
159.819 acre tract of land (20061003001424640);
THENCE South 00 degrees 44 minutes 46 seconds East, a distance of 210.76 feet
along the most southerly west line of said 95.468 acre tract of land to a one-half inch
iron rod found at the southeast corner of said 159.819 acre tract of land
(20061003001424640), said iron rod being at the northeast corner of said 159.819 acre
tract of land (20061003001424600);
THENCE along the east line of said 159.819 acre tract of land (20061003001424600)
as follows:
EXHIBIT 1 - page 3 of 3
South 00 degrees 31 minutes 53 seconds East, passing at a distance of 555.09
feet a one-half inch iron rod with cap stamped 9f3700" found at the most southerly
southwest corner of said 95.468 acre tract of land, continuing in all a distance of
11241 A 0 feet to a one-half inch iron rod with yellow cap stamped "JBI" found for
corner;
South 72 degrees 46 minutes 12 seconds East, a distance of 140.70 feet to a
one-half inch iron rod with yellow cap that is illegible found at the northwest
corner of a called 59.534 acre tract of land described Warranty Deed to Jonic
Investments, LLC, recorded in Instrument No. 20150605000666010,
(O.P.R.C.C.T);
South 01 degrees 14 minutes 22 seconds West, a distance of 1,112.98 feet to
the POINT OF BEGINNING and containing 11,978,895 square feet or 275.00
acres.
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Filed and Recorded
Official Publio Records
Stacey Kemp, County Clark
Collin County, TEXAS
11118/2020 01:08:62 PM
$106,00 TBARNETT
20201118002054930
STACEY KEMP
COUNTY CLERK
Cashier
Customer
Date
TBARNETT
CITY OF ANNA
PO BOX 776
ANNA, TX 75409
COLLIN COUNTY, TEXAS
STACEY KEMP
2300 Bloomdale Rd, Suite 2104
McKinney, TX 75071
Phone: 972-5484185
Receipt for Services
Date: 11 / 18/2020
Instrument No Document Type Transaction Type GF Number
11/18/2020 1:08:52PM 20201118002054930 RL
1711
Total•
Batch # 2115106
Time: 01:08:52PM
21
f DI'x1I11
Fee Total: 106.00
CREDIT 100210716409 106000
Payment Total:
106.00
Page 1 of I
Certified Payments
Page 1 of 1
All Transactions Approved
Bureau: 6281876 - Collin County, TX Clerk M Land
Invoice Item Amount Quantity Conv. Result
Fee
Fees: $106000 1 $2.44 Approved
Payment ID: 100210716409
Land-REC
Total Amounts +All Fees: $108.44
BILLING INFORMATION
Payment will be billed to:
Card ending in ...9597 (Mastercard)
Processed at 11/18/2020 1:09:26 PM CST
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