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HomeMy WebLinkAboutRes 2020-05-730 Roadway Impact fee reimbursementCITY OF ANNA, TEXAS RESOLUTION NO, 2020-jam/'-23V A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A ROADWAY IMPACT FEE REIMBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF ANNA, TEXAS AND ANNA CROSSING 40PGE, LIMITED, A TEXAS LIMITED PARTNERSHIP, AS SHOWN IN EXHIBIT "A" ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, Anna Crossing 40PGE7 Limited is seeking to construct public infrastructure related to Anna Crossing Phase 1 C, and; WHEREAS, as a key component of the development of Anna Crossing Phase 1 C it is necessary to make improvements to County Road 421, and; WHEREAS, County Road 421 is shown in the City of Anna Master Thoroughfare Plan and the City of Anna Impact Fee Study as a future Major Collector Street, and; WHEREAS, improvements to County Road 421 are eligible for impact fee reimbursement; 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. Authorization. The City Council hereby authorizes the City Manager to execute the roadway impact fee agreement as shown in Exhibit attached hereto. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this o' Aay of Ana , 20ao APPROVED: Nate Pike, Mayor A�T}TEST: Carrie Land, City Secretary EXHIBIT "A" ROADWAY IMPACT FEE REIMBURSEMENT AGREEMENT FOR ANNA CROSSING PHASE 1C COUNTY ROAD 421 This Roadway Impact Fee Reimbursement Agreement for Anna Crossing Phase 1 C County Road 421 (this "Agreement") is entered into by and between the City of Anna, Texas (the "City") and Anna Crossing 40PGE, Ltd., a Texas limited partnership (the "Developer"). WHEREAS, Developer and the City are sometimes collectively referenced in this Agreement as the "Parties," or, each individually, as "Party"; and WHEREAS, it is the Parties' mutual intent that this Agreement shall govern only the subject matter specifically set forth herein and that this Agreement shall supersede any previous agreement between the Parties regarding the subject matter- hereof to the extent that this Agreement and any such previous agreement are in direct conflict; and WHEREAS, Developer represents and warrants that it owns and desires to develop certain real property in Collin County, Texas, composed of approximately 49.433 acres of land located entirely within the corporate limits of the City of Anna, more particularly described in the attached Exhibit A (the "Property"); and NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: SECTION 1 RECITALS INCORPORATED The recitals set forth above are incorporated herein as if set farth in full to further describe the Parties' intent under this Agreement and said recitals constitute representations by the Parties. SECTION 2 DEFINITIONS City Acceptance Date has the meaning ascribed to that term in Section 3(a). Citv . Code means the Anna City Code of Ordinances. City Manager means the current or acting City Manager of the City of Anna or a person designated to act on behalf of the City Manager with respect to this Agreement if the designation is in writing and signed by the current or acting City Manager. Cit�gulations mean City Code provisions, ordinances, design standards, and uniform codes, duly adopted by the Ciry. Collected Roadwaypact Fees shall have the meaning ascribed to that term in Section 4(b)(1). Commence Construction shall have the meaning that the City has approved the engineering plans, held apre-construction meeting with the Developer and contractor, and the contractor has mobilized equipment to the Roadway Project. Roadway Impact Tee Reimbursement Agreement for Anna Crossing Phase 1C County Road 421 —Page 1 Developer's Construction Cost, with respect to the Roadway Project, means: the dollar amount actually paid by or on behalf of Developer for the engineering, design, and construction of the Roadway Project at the time of full and final completion, dedication and acceptance of the Roadway Project, which shall generally include but not be limited to the items listed in the cost breakdown attached hereto as Exhibit C. City inspection fees shall not be included in Developer's Construction Cost, Final Reimbursement Amount, with respect to the Roadway Project, means a dollar amount equal to the lesser of $295,025.00 or the Developer's Construction Cost. Additional costs eligible for reimbursement shall be limited to documented City -approved change orders provided in writing by the Developer as approved by the City Manager or his/her designee. Impact Fee Reimbursement Property means real property as defined in Exhibit B, from which A ollected Roadway Impact Fees shall be eligible to be reimbursed upon development. Maintenance Bond has the meaning ascribed to that term in Section 3(b). Pro er means Anna Crossing Phase 1 C as defined in Exhibit A. Reimbursement has the meaning ascribed to that term in Section 4(b)(1). Roadway Improvements means right of way preparation, paving excavation, construction of concrete paving, storm drainage, curbs, signage, roadway transitions, turn lanes, pavement markings, sidewalks, irrigation, landscaping, lighting and any other improvements necessary for a complete roadway system for the Roadway Project. Roadway Project means the construction of Foster Crossing Road Roadway Improvements generally described, without limitation, as the installation of three (3) 10'x4' reinforced box culverts approximately 62' each in length, two (2) corresponding TXDOT headwalls, grouted rip rap, and the removal and replacement of the asphalt roadway generally depicted in Exhibit B, attached hereto, and in accordance with construction plan(s) approved by the City. SECTION 3 GENERAL PROVISIONS (a) Documentation of Actual Amount Paid. Once Developer fully completes the Roadway Project, and before the City has accepted the Roadway Project after inspection, Developer shall provide the City Manager with documentation reasonably acceptable to the City Manager evidencing Developer's Construction Cost. The City Manager shall review the documentation provided and shall approve or deny Developer's Construction Cost within fifteen (15) business days of receipt thereof (which approvals shall not be unreasonably withheld) or a longer period of time if the City Manager reasonably requests additional evidence of the Developer's Construction Cost. Upon approval of Developer's Construction Cost, the City shall issue a written acceptance letter to Developer, which shall signify final acceptance by the City of the Roadway Project (the date of such acceptance shall be referred to as the "City Acceptance Date"). (b) Maintenance Bond. For each construction contract for any part of the Roadway Project entered into by or on behalf of Developer, Developer or Developer's contractor(s), as Roadway Impact Fee Reimbursement Agreement Anna Crossing Phase 1C County Road 421 -Page 2 applicable, further must execute a maintenance bond in accordance with applicable City Regulations that guarantees the costs of any repairs which may become necessary to any part of the construction work performed in connection with the Roadway Project, arising from defective workmanship or materials used therein, for a full period of two (2) years from the City Acceptance Date ("Maintenance Bond"). (c) Approval of Plats/Plans. Approval by the City, the City's engineer or other Ciry employee or representative, of any plans, designs or specifications submitted by Developer pursuant to this Agreement or pursuant to City Regulations shall not constitute or be deemed to be a release of the responsibility and liability of Developer, its engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Further, any such approvals shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by Developer's engineer, its officers, agents, servants or employees, it being the intent of the Parties that approval by the City's engineer or other representative signifies the City's approval on only the general design concept of the improvements to be constructed and that the design plans and specifications meet the requirements of the City Regulations. (d) Insurance. Developer and/or its contractors) shall acquire and maintain, during the period of time when the Roadway Project is under construction: (a) workers compensation insurance in the amount required by law; and (b) commercial general liability insurance including personal injury liability, premises operations liability, and contractual liability, covering, but not limited to, the liability assumed under any indemnification provisions of this Agreement, with limits of liability for bodily injury, death and property damage of not less than $1,000,000.00. Such insurance shall also cover any and all claims of any nature whatsoever which might arise or grow out of or otherwise relate to the Roadway Project and any related construction contracts, whether caused by Developer, a contractor, subcontractor, materialman, or otherwise. Coverage must be on a "per occurrence" basis. All such insurance shall: (i) be issued by a carrier which is rated "A4" or better by A.M. Best's Key Rating Guide and licensed to do business in the State of Texas; and (ii) name the City as an additional insured and contain a waiver of subrogation endorsement in favor of the City. Upon the execution of public improvement construction contracts, Developer shall provide to the City certificates of insurance evidencing such insurance coverage together with the declaration of such policies, along with the endorsement naming the City as an additional insured. Each such policy shall provide that, at least 30 days prior to the cancellation, non -renewal or modification of the same, the City shall receive written notice of such cancellation, non - renewal or modification. (e) Indemnification and Hold Harmless. DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND AGREES TO DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING, WITHOUT LIMITATION, DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER HIND OR CHARACTER, WHETHER REAL OR ASSERTED (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND RELATED EXPENSES, EXPERT WITNESS FEES AND RELATED Roadway Impact Fee Reimbursement Agreement Anna Crossing Phase 1C County Road 421 -Page 3 EXPENSES AND OTHER CONSULTANT FEES AND RELATED EXPENSES) ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE NEGLIGENT OR OTHERWISE WRONGFUL ACTS OR OMISSIONS OF DEVELOPER, ITS AGENTS, SERVANTS, CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN OR EMPLOYEES IN CONNECTION WITH THE DESIGN, CONSTRUCTION OR INSTALLATION OF THE ROADWAY PROJECT, INCLUDING BUT NOT LIMITED TO INJURY OR DAMAGE TO CITY PROPERTY, SUCH INDEMNITY SHALL SURVIVE THE TERM OF THIS AGREEMENT. AT NO TIME SHALL THE CITY HAVE ANY CONTROL OVER OR CHARGE OF THE DESIGN, CONSTRUCTION OR INSTALLATION OF ANY OF THE ROADWAY PROJECT NOR THE MEANS, METHODS, TECHNIQUES, SEQUENCES OR PROCEDURES UTILIZED FOR SAID DESIGN, CONSTRUCTION OR INSTALLATION. THIS AGREEMENT DOES NOT CREATE A JOINT ENTERPRISE BETWEEN THE CITY AND DEVELOPER. DEVELOPER FURTHER COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY AGAINST ANY AND ALL CLAIMS OR SUITS, BY ANY PERSON CLAIMING AN INTEREST IN THE PROPERTY WHO HAS NOT SIGNED THIS AGREEMENT AND WHICH CLAIMS: (1) ARISE IN ANY WAY FROM THE CITY'S RELIANCE UPON DEVELOPER'S REPRESENTATIONS IN THIS AGREEMENT, OR (2) RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH DEVELOPER'S OBLIGATIONS UNDER THIS AGREEMENT, NOTWITHSTANDING THIS PROVISION OR ANY OTHER PROVISION OF THIS AGREEMENT, DEVELOPER SHALL NOT BE OBLIGATED TO INDEMNIFY, DEFEND, OR HOLD THE CITY HARMLESS FOR THE CITY'S OWN NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. SECTION 4 ROADWAY PROJECT (a) Developer Obli atg ions. As on condition to receipt of the impact fee reimbursement set forth herein, Developer agrees to construct the Roadway Improvements and complete the Roadway Project in a good and workmanlike manner and in accordance with all related construction plans and permits approved by the City and any other authorities having any jurisdiction over the Roadway Project. Developer shall commence construction in accordance with the definition in Section II "Commence Construction" on or before December 31, 2020. (b) Cites atg ions (1) In accordance with City Regulations and state law, the City shall collect roadway impact fees from the hnpact Fee Reimbursement Property as described in Exhibit B at the time of issuance of building permits (the "Collected Roadway Impact Fees") and place such Collected Roadway Impact Fees in a separate and clearly identifiable interest -bearing account. The City shall reimburse Developer up to the Developer's Construction Cost in the aggregate on a quarterly basis (the "Reimbursement"). The City shall provide the Reimbursement to Developer until the Final Reimbursement Amount has been paid in full. The Collected Roadway Impact Fees shall be the sole source of reimbursement or Roadway Impact Fee Reimbursement Agreement Anna Crossing Phase 1C County Road 421 -Page 4 funding that the City is obligated to provide to Developer in connection with the Roadway Project even if the total amount of the Collected Roadway Impact Fees is less than the Final Reimbursement Amount. (2) Notwithstanding Section 4(b)(1) above, the Reimbursement authorized by this Agreement and any and all of the City's other obligations under this Agreement shall expire on September 30 in the tenth year after the City Acceptance Date. SECTION 5 EFFECTIVE DATE The "Effective Date" of this Agreement is the date that the last of the Parties' signatures to this Agreement is fully and properly affixed to this Agreement and acknowledged by a public notary. The City's duties and obligations hereunder shall not arise unless and until all Parties have duly executed this Agreement. SECTION 6 TERMINATION This Agreement and all obligations of the Parties hereto, shall terminate upon full performance of the terms of this Agreement. SECTION 7 SUCCESSORS AND ASSIGNS (a) All obligations and covenants under this Agreement shall bind Developer and its successors and assigns. (b) Except for future owners of all or a portion of the Property, this Agreement shall not be assignable by Developer without the prior written consent of the City. SECTION 8 MISCELLANEOUS PROVISIONS (a) Authority to execute contract. The undersigned officers and/or agents of the Parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the Parties hereto, and each Party hereby certifies to the other that any necessary resolutions or other act extending such authority have been duly passed and are now in full force and effect. (b) Default and opportunity to cure. A Parry will be in default under this Agreement if that Party breaches any material term or condition of this Agreement and such breach remains uncured after forty-five (45) calendar days following receipt of written notice from the other Parry referencing this Agreement (or, if the Party in breach has diligently and continuously attempted to cure following receipt of such written notice but reasonably requires more than forty-five (45) calendar days to cure, then such additional amount of time as is reasonably necessary to effect cure, as determined by both Parties mutually and in good faith). Upon a default, subject to the cure period described herein, the non -breaching Party will have all available rights and remedies under the law and equity. Notwithstanding the foregoing, the City shall be considered in default for failure to provide the Reimbursement immediately upon such failure without a notice and cure period and Developer's sole remedy in such event shall be to seek specific performance of this Agreement. Roadway Impact Fee Reimbursement Agreement Anna Crossing Phase 1C County Road 421 -Page 5 (c) Notice. All notices, demands or other communications required or provided hereunder shall be in writing and shall be deemed to have been given on the earlier to occur of actual receipt or three (3) days after the same are given by hand delivery or deposited in the United States mail, certified or registered, postage prepaid, return receipt requested, addressed to the Parties at the addresses set forth below or at such other addresses as such Parties may designate by written notice to the other Parties in accordance with this notice provision. If to the City: City of Anna Attn: City Manager P.O. Box 776 111 N. Powell Parkway Anna, TX 75409 If to Developer: Anna Crossing 40PGE, Ltd. Attn: Adam J. Buczek Development Partner 8214 Westchester Drive, Suite 710 Dallas, TX 75225 (d) Complete Agreement. This Agreement embodies the entire Agreement between the Parties and cannot be varied or terminated except as set forth in this Agreement, or by written agreement of all Parties expressly amending the terms of this Agreement. (e) Applicable Law and Venue. This Agreement shall be performable and all compensation payable in Collin County, Texas. Venue and exclusive jurisdiction under this Agreement lies in a court of competent jurisdiction in Collin County, Texas. (f) Severability. If any clause, paragraph, section or portion of this Agreement shall be found to be illegal, unlawful, unconstitutional or void for any reason, the balance of the Agreement shall remain in full force and effect and the unlawful provision shall be replaced with a provision as similar in terms and effect to such unlawful provision as may be valid, legal and enforceable. (g) Representation. Each signatory representing this Agreement has been read by the party for which this Agreement is executed and that such Party has had an opportunity to confer with its counsel. (h) Consideration. This Agreement is executed by the Parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is hereby acknowledged. (i) Waiver. Waiver by any Party or any breach of this Agreement, or the failure of any Party to enforce any of the provisions of this Agreement, at any time shall not in any way affect, limit Roadway Impact Fee Reimbursement Agreement Anna Crossing Phase 1C County Road 421 -Page 6 or waive such Partys right thereafter to enforce and compel strict compliance of the Agreement. (j) Miscellaneous Drafting Provisions. This Agreement was drafted equally by the Parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any Party shall not apply. Headings in this Agreement are for the convenience of the Parties and are not intended to be used in construing this document. (k) No Other Beneficiaries. This Agreement is for the sole and exclusive benefit of the Parties hereto and is not intended to and shall not confer any rights or benefits on any third party not a signatory hereto. (1) Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. (m) No Waiver of Development Ordinances. No waiver of any provision of this Agreement will be deemed to constitute a waiver of any other provision or any other agreement among the Parties. No waiver of any provision of this Agreement will be deemed to constitute a continuing waiver unless expressly provided for by written amendment to this Agreement; nor will the waiver of any default under this Agreement be deemed a waiver of any subsequent defaults of the same type. Nothing herein shall waive any obligations of Developer under applicable City Regulations. [SIGNATURE PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Roadway Impact Fee Reimbursement Agreement Anna Crossing Phase 1C County Road 421 -Page 7 Anna Crossing 40PGE, Ltd., a Texas limited partnership By: Anna Crossing 40PGE GP Corporation, a Texas cornoration. its general Name: A&14,Buczek Title: Authorized Signer IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF )2to S § Before me, the undersigned notary public, on the � day of � , 2020, personally appeared Adam I Buczek, known to me to be the person whose nan6e is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as Authorized Signer of Anna Crossing 40PGE GP Corporation, a Texas corporation, the general partner of Anna Crossing 40PGE, Ltd., a Texas limited partnership. —� Notary Public, State of'Texas PATRICIA SNYDER Notary Public, State of Texas Comm. Expires W304023 Notary ID 128660037 Roadway Impact tee Reimbursement Agreement Amin Crossing Phase 1C County Road 421—Signature Page CITY OF ANIN City Manager IN WITNESS WHEREOF: STATE OF TEXAS � COUNTY OF COLLIN § Before me, the undersigned notary public, on the day of , 2020, personally appeared Jim Proce, known to me (or proved to me) to be the perso 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. (S otary Public, State of Texas Roadway Impact Fee Reimbursement Agreement Anna Crossing Phase 1C County Road 421—Signature Page ATTACHMENTS Exhibit A - The Property (legal description and drawing) Exhibit B —Impact Fee Reimbursement Property Exhibit C —Roadway Project Exhibit D —Breakdown of Costs Roadway Impact Tee Reimbursement Agreement Anna Crossing Phase 1C County Road 421—Signature Page EXHIBIT A The Property (See attached) Roadway Impact Fee Reimbursement Agreement Anna Crossing Phase 1C County Road 421—Exhibit A 9 V, 1 ;l I it,fi z o 8?� �I�Ip§ �� � g! W ZlIgIbi w w� 6 a3 E e�k� ��I J £ Z pp (q Y g s�i<8Y 26 gg� Y— 0 its a Ey9 FH At gg gg gfgiggg p a< Ro Y.nl xN tn'A ,.'A m A itM C�.. �. 46T.33v 9u93` t F Y t ui non a SE�YEa �3n L '� �Zb6a�€ R z L Q °� SIN y ft i 7f �S g€s R b S4 x € # eFf}#'e y,iE k a4; SI11100 bt%PPfy;#�s F�F f ii� 3By Haw lj;t° ig a i gg f S99it pf 1 tiltt p na p y MI '*`I tie d@t $Eb5 it j j. 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(hereinafter referred to as 40 PGE tract), as recorded in Volume 5387, Page 468, Official Public Records, Collin County, Texas (O.P.R.C.C.T.) and being a portion of that certain tract of land described in a Special Warranty Deed to Anna Town Center No. 8/CTS, Ltd. (hereinafter referred to as Anna Town Center No. 8 tract), as recorded in Instrument Number 20141203001315490, O.P.R.C.C.T. and being all of that certain tract of land described in a Special Warranty Deed With Vendor's Lien to Anna Crossing 40PGE, Ltd., as recorded in Instrument Number 20190114000044870, O.P.R.C.C.T. and being all of that certain tract of land described in a Special Warranty Deed With Vendor's Lien to Anna Crossing 40PGE, Ltd. (collectively hereinafter referred to as Anna Crossing 40PGE tract), as recorded in Instrument Number 10190114000044860, O.P.R.C.C.T.; said 49.433 acres (2,153,287 square feet) of land being more particularly described, by metes and bounds, as follows: BEGINNING aone-half inch iron rod with plastic cap stamped "CORWIN" found for the Northerly Northwest corner of said Anna Crossing 40PGE tract, same being the Southwesterly corner of that certain tract of land described as Anna Crossing Phase 1B (hereinafter referred to as Anna Crossing Phase IB), an addition to the City of Anna, Collin County, Texas, according to the plat recorded in Instrument number 2017-570, Plat Records, Collin County, Texas, same being in the East line of that certain tract of land described in a General Warranty Deed to Cecil Burl Cunningham (hereinafter referred to as Cunningham tract), as recorded in Instrument Number 20151123001471250, O.P.R.C.C.T.; THENCE South 89 degrees 16 minutes 12 seconds East, departing the East line of said Cunningham tract and with the common line between said Anna Crossing 40PGE tract, and said Anna Crossing Phase 113, a distance of 335.89 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the Northeast corner of said Anna Crossing 40PGE tract, same being the Northwest corner of that certain tract of land described in a Contract of Sale and Purchase to Robert W. Price (hereinafter referred to as Price tract), as recorded in Instrument Number 1993- 8676, O.P.R.C.C.T.; THENCE South 00 degrees 06 minutes 25 seconds East, departing the South line of said Anna Crossing Phase 1B and with the common line between said Anna Crossing 40PGE tract and said Price tract, pass at a distance of 665.04 feet, the Northwest corner of that certain tract of land described in a Deed of Trust to Robert W. Price and wife, Jessica M. Price (hereinafter referred to as Robert and Jessica Price tract), as recorded in Instrument Number 1997-69675, O.P.R.C.C.T. and continue with said course and the common line between said Anna Crossing 40PGE tract and said Robert and Jessica Price tract, pass at a distance of 764.85 feet, the Westerly Southwest corner of said Robert and Jessica Price tract, same being the Northwest corner of that certain tract land described in a Deed of Trust to Louis C. Miller (hereinafter referred to as Miller tract), as recorded in 19930204000086770, O.P.R.C.C.T., and continue with said course and the common line between said Anna Crossing 40PGE tract and said Miller tract, pass at a distance of 778.53 feet, a ive-eighths inch iron rod with plastic cap stamped "RPLS 4838" found for the Southeast corner of said Anna Crossing 40PGE tract, same being the Northeast comer of the remainder of said Anna Town Center No. 8 tract and continue with said course and the common line between said Anna Roadway Impact Fee Reimbursement Agreement Anna Crossing Phase 1C County Road 421 —Exhibit A Crossing 40PGE tract and Miller tract for a total distance of 1313.74 feet to a mag nail set for the Southeast corner of said Anna Town Center No. 8 tract, same being the Southwest corner of said Miller tract, same being the North line of that certain tract of land described in a Warranty Deed with Vendor's Lien to Anna Highway 5, LLC (hereinafter referred to as Anna Highway 5 tract) as recorded in Instrument Number 20121228001650300, O.P.R.C.C.T., same also being in East Foster Crossing Road also lalown as County Road 421; THENCE North 89 degrees ll minutes 34 seconds West with the common line between said Anna Town Center No. 8 tract and said Anna Highway 5 tract and with said East Foster Crossing Road, pass at a distance of 333.98 feet, the Southwest corner of said Anna Town Center No. 8 tract, same being the Southeast corner of the aforesaid 40 PGE tract and continue with said course and the common line between said 40 PGE tract and said Anna Highway 5 tract and with said East Foster Crossing Road, pass at a distance of 346.13 feet, the Northwest corner of said Anna Highway 5 tract, same being the Northeast corner of that certain tract of land described in a Special Warranty Deed to Anna Economic Development Corporation and Anna Community Development Corporation (hereinafter referred to as Anna EDC tract), as recorded in Instrument Number 20170103000004800, O.P.R.C.C.T. and continue with said course and the common line between said 40 PGE tract and said Anna EDC tract and with said East Foster Crossing Road for a total distance of 2063.93 feet to a mag nail set for the Southwest corner of said 40 PGE tract, same being the existing Easterly right -of --way line of Dallas Area Rapid Transit (DART), as recorded in Volume 5443, Page 5532, O.P.R.C.C.T. and further described in a deed to Houston & Texas Central Railway Company (150' right -of --way), as recorded in Volume V, Page 603, Deed Records, Collin County, Texas; THENCE North 18 degrees 45 minutes 20 seconds East with the common line between the remainder of said 40 PGE tract and the existing Easterly right -of --way line of said Dallas Area Rapid Transit, pass at a distance of 528.41 feet, a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" found for the Northwest corner of the remainder of said 40 PGE tract, same being the Southwest corner of the aforesaid Anna Crossing 40PGE tract and continue with said course and the common line between said Anna Crossing 40PGE tract and the existing Easterly right-of-way line of said Dallas Area Rapid Transit for a total distance of 1166.38 feet to a five - eighths inch iron rod with plastic cap stamped "RPLS 4838" found for the Westerly Northwest corner of said Anna Crossing 40PGE tract, same being in the South line of that certain tract of land described in Warranty Deed to Tommy Cunningham, (hereinafter referred to as Tommy Cunningham tract), recorded in Volume 4802, Page 3430, O.P.R.C.C.T.; THENCE North 18 degrees 45 minutes 20 seconds East with the common line between the remainder of said 40 PGE tract and the existing Easterly right -of --way line of said Dallas Area Rapid Transit, pass at a distance of 528.41 feet, a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" found for the Northwest corner of the remainder of said 40 PGE tract, same being the Southwest corner of the aforesaid Anna Crossing 40PGE tract and continue with said course and the common line between said Anna Crossing 40PGE tract and the existing Easterly right-of-way line of said Dallas Area Rapid Transit for a total distance of 1166.38 feet to a five - eighths inch iron rod with plastic cap stamped "RPLS 4838" found for the Westerly Northwest corner of said Anna Crossing 40PGE tract, same being in the South line of that certain tract of land described in Warranty Deed to Tommy Cunningham, (hereinafter referred to as Tommy Cunningham tract), recorded in Volume 4802, Page 3430, O.P.R.C.C.T.; Roadway Impact Fee Reimbursement Agreement Anna Crossing Phase 1C County Road 421 —Exhibit A THENCE South 89 degrees 26 minutes 26 seconds East, departing the existing Easterly right-of- way line of said Dallas Area Rapid Transit, and with the common line between said Anna Crossing 40PGE tract and said Tommy Cunningham tract, passing at a distance of 663.56 feet a one-half inch iron rod found for the Southeast corner of said Tommy Cunningham tract, same being the Southwest corner of said Cunningham tract, continue same course for a total distance of 1351.10 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" found for an inner -ell corner of said Anna Crossing 40PGE tract, same being the Southeast corner of said Cunningham tract; THENCE Non th 00 degrees 11 minutes 26 seconds West, with the common line between said Anna Crossing 40PGE tract and said Cunningham tract, a distance of 197.69 feet to the PLACE OF BEGINNING, and containing a calculated area of 49.433 acres (2,153,287 square feet) of land. Roadway Impact Fee Reimbursement Agreement Anna Crossing Phase 1C County Road 421 —Exhibit A EXHIBIT B Impact Fee Reimbursement Property F H m F! I �t No 6Q S4Z'�Z7 1�j FYH98 �-tuu tit Mn9l',€t+45 (h, 5f9£flos N P ina -- q0 �� )M o h t�f{ to o V' C/f O or t� m $ MCJ Ifs 9 40 11£� 9lrt $ mT m O [8 IaCI ILI IR In C 1 168•LZ9lto d m0,j. 1(I t IR O. 07 vrn d N� m O io to zm r a IT o Q 0) S � N V lf) If) ¢Sto °1 10' tom �Zi' L££l *". ; °� k�nZZILl+40S to z W r"`t n y K/ ink a €? Nr o ceJ to top In m e a 31££li Nn0{15to € sri€ C) 1� L rG�&i 3i.�i11noON t� W p �°v ii ti �Into 0mG]:mM1�7 !at €`) t�f a) "F ` W L1 v't ram NO Z7 y ut �Ol rnw In <CN o N z Roadway Impact Fee Reimbursement Agreement Anna Crossing Phase 1C County Road 421—Exhibit B f.EGAL DBSCRzw?HON TRAM 1 13131Na, a tract of land out of tho dmndison utarle, Abstract No, 798, and boing part of a 238,614 afro ttact, as recorded in Vol, 4942, pg. 511, a 40,001 acne tract, as described III DucumentNo. 20070409000472400, a 43.67 acre tract, as dosoribod In Voluino S717, Page, 2431, a 23.80 acre tract, as doscrlbcd In, Document No. 20070208000183560, a 40.00 acre tract, as described in Volume 5622, Page 1863, a 129,92 acr'o tract, as described In Volume 5631, Page 2600, and a Vollin40,5746Maretract,se5618P2878ithe)DeedRemAsofC County, Tom, and being more particularly dosorlbed as folloWs: )313CINNINC, at it 518 inch iron rod mound at the most northerly northeast corner of said 40,001 note tract, being the west lino of Wildwood Farms Addition, all addition to the City of Anna, as dosodbed In Vol. G, pg. 746, in the Plat kwords of C011111 Couatty,'):'oxas; TFIBNC13, So-ath 01,18'33" West, along this east line of said. 40.001 near tract and the west line of said Wildwood Farms Addition, for a distance of 736.06 feet, to a 518 inch Iron rod found at the, southwest corner of said Wildwood Perms Addition and being all intorler ell comer of said 40.001 acre tract; TJ Ii3NCB, South 88°34'06" Bast, along the north line of said 40,001 acre tract and the south line of said Wildwood Farms Addition, for a distance of 1234, 50 feet, to a 518 inch iron rod found at the northoast corner of said 40,001 acre tract, THENCE, South 01tl11'46" West, doparting the south line of said Wildwood, Farmer Addition kind along the oast line of said. 40,001 acre tract, for a distance of 1223,20 feet, to a 51$ Inch Iron rod found at the southwest comor of said 40.001 acre tract and being the northeast corner of said 43,67 acre tracts TkMNCB, South 01°38'19" West, along the east fine of said 43,67 acre tract, .for 4 distance of 668,88 feet, to a %. latch iron rod found In the north line of La Palonta, all addition to the City of Aorta, as desorlbed in Vol. C, Page 418 In said Plat Records; T,1IENCE North 89°31'01" West, along the south line of said 43,67 acre tract and along the north line of said La Palma, for a distance of 2100,92 feet, to a Point for corner at the northwest corner of said La Palorna and being the nartheast oorner of said 129.92 acre ttactr 'VIIENCB, South 0PIT48" West, along tlta west line of said Lit Palma and tits east line of said 129.92 acre tract, for it distance of 1527.89 fact, to a r/2 retch Trott rod found at the southeast oornor of said 129,92 acro tract; '1'HENC13, North 87°03'41""West, departing the west line of said La Patiorna and along the south no of said 129,92 note tract, for a distance of 15,88 feet, to a V2 Inch iron rod round; 'raBNCU, North 89,20,191, West, along the south tine of said 129,92 feet, for a distance of 1884.0E feet, to as a/Z inch iron rod found; Roadway Impact Fee Reimbursement Agreement Anna Crossing Phase iC County Road 421-Exhibit B `I'11RNC8, North 01°40'03"ntst, continuing along said south line, for a distance of 18.35 feet, to a calculated point for corner; T1010I4, North 88"'19'57" West, continuing along said south line, for a distance Of 952,27 feet, to a calculated point for corner, THENC11, South 01117'22" Wost, departing said south line, for n distance of 1337.42 feet, to it JA liiclt iron rod found at the southeast cor'nar of said 40,5756 sera tract; THEME, North 88114155" West, along the southllno of said 40,57S6 acre tract, for a distance of 669,97 foot, to a calculated paint for eornor, THUNC E, North 86"13"09" West, continuing along said south line, for a distance of 331.49 feet, to a th inch hen rod found; THENCE, North 88"12TT' Wost, continuing along said south line, for a distance of 336.73 feet, to a YA inch iron rod found at the southwest cortrtir of said 40,5756 noro tract; T RR03, North, 00154' 13" Just, along flip. west line of said 40.5756 acre tract, for a distance of 1335.10 feet, to it calculated point for corner in the south One of said 129.92 acre tract, TMNC13, North 88019157" West, along the south 1h" of said 129,92 acre tract, for a distance of 859.62 feet, to a calculated point for corner' tit the southwest corner of said 129-M acre tract; THANCY, North 19048'29" }last, along the west line of sold 129.92 acre tract, for a disstalm of 2482.75 feet, to a eoleulated point for corner at the northwest corner of sold 40.00 acre tract same being the southwest corner of said 298,614 acre tract; `I7][DNCJ3, North 19149'04" bast, along the west line of said 238.614 aoretract, for it distance of 187.79 feet, to a calculated point for corner at the point of curvature of a curve to the left, having it radius of 9.914.83 foot, a central angle of 17150' 12", and a tangent of 417.40 feet; TBRNCR, coritinuiitg along said west line and with satd curve to the leftfor an arc distance of 907.41 feet (Chord Denting North 10°53'58" Host. 903.75 W), to a calculated point for cornet'; Ti-I13NCB, North 011581S2" Dust, continuing along said west line, for a distance of 186,33 feet, tea a calculated polntfor corner at the northwest corner of said MUM note tract; THENCE, Soutli 88042' 15" Vmt, along the north Me of said 2,18,614 acre tract, for a distance of 1359,79 feet, to a 4"A" concrete monument found; 711111403, South 88152' 10" Vost, contiluaing along said north line, for a distance of 661,91 feet, to a 4"x4" oomorete monumant found; Roadway Impact Fee Reimbursement Agreement Anna Crossing Phase 1C County Road 421—Exhibit B 7'I�IiI�CI3, Saut1� i3�3°�!6'30" �a;�C, apiwtiu�tini; u(c�n� dalcinn�th liva, for n distgitoe of 11A9,22 fear, to a 5I8 inch five xod found; 'fImNOI3, Sotdh 80°J 6'5z" BARL) ooni1556,75 faet, t4 the POWT OF 13EGIt+IPT KG and contEwilng 5694397 acros of Ind, Roadway Impact tee Reimbursement Agreement Anna Crossing Phase 1C County Road 421— Exbibit B f,CGaAG DESCRIP I 101v TRACT 2 Itptae arvJ ttmtUnda tten�l}>Itan 24.21 Aaros IMAIE0 ID the ; talc of Texrr , COVAly of NIIIIt, 14119 pfat of Ilia fttoft14surt Oak NIV , Nrntrtrst Nor Y0110 baftig Ilea fdttt at a :t6.00 ooro trod 11 as r000rdod mdor Courtly CIA,, ItD, 00> 00011t1 of the Collfl County I,an'i tfocarda w1th wttt prontluos l)np more puttloti?arlyy wfosadbatf Qu lollusruw ttCitM101t1 tit 0 talllaaml 1316s0 build nlulmlitg tIm ftrt6r"01101 of IN, 11FIR rxlntdlo ffdmhUe of WAY ltand 422 twilit life twist rrgWof�woy If" of Sloto Hlghwrr/ flow b avid confer 14Inii tho mitht,ust oomor of iho horoln doscrbod promtolf and tlio noiiheust snroor of u 0,0U ntiro it4o1 do; raaor+loin in 1144lota A104 lra�1 7.41 of Ihu Collin awu last! Rer:ork MOM with flat ag)roAmits fnim�Ja of Couilly Roud 422, Via aodth htie ul oa1J ptrrntso ind Ilm nulik floc of e�mR 00 acio Iraot, Yloot, 741400 foot to o roifroad oplkv eat at AN �'�l�proxfnwlo ooatarlt�r Inloraootion of Coonly flood �422 with County Road 423 rna►kiiiZia oouuwrdttt Colo of tam plurniras, llio rrotinnvott tibum or told 0 6 trots lrmtr martd hclug In tiro coat hits of Hupu► tr 12,702 ou-0 tl'apti 1112 ME 1011 Ilya np mx(moto tnldillo 61 Tntinly l6rid 423 11101tl Ilre tscrnl ihto of Mid laml€on, Iltu lwoal Iluo of aal�f 3t M) (mo trrtot, and (Ito chat Una of aos�ar•nf onii:4 trooto of load, hbrili WOW' Emil, pmIng at 27S) toot a OwInch Iron rod tountl, posohlr aI 446A tool a Vt* soli Iron rod lounrG poetatg of W03 1061 a gr•-molt Itort tod fwwati, past:Ulp of 736.03 loot a 94111 fron rowl Iouud, paea)rto tit W,76-foot a YJr�Irtrft Iron god fQW11% posuln tit 0t04o0 fact a PK. troll found htfvtdng the fntorseotlop of County Hood 1030 ( 4a1n0 rovs j, ppuashtg at 1110,04 loot a f'X nag looml, and olilAwIng (of a Will d011iup of f 10*00 foot to a rpf)row tplko sot 111of 10 iho Ira tlrwoot 01061 of iretl(l IBmrl&a)Y and Ilia oouUmuot coinor of a f,21 otro tract as rocam will nndot County ffwrk flu, 041 011t1407. fit time MIN ftattnr lunml liaswudpt THEM filth the fwtth Ebro of nal pilimlom 464 Ilia oomffir IN ur onld 1,21 awls Insot, 11WI, 00,2610' koel, paaulnrl fit 210124 foot d 3f•-lmwmlt (rah roil towul mulkiwlg IN southoaet cofnot of ot4d 1,21 vatd ttaot Arid Wo aouthwut cantor of a 0,04 aero tract (6olft4 ttin Odtlwly poftintf ni tI 04$G data Rdd 0 Itcafd44 (n Volm3ina 3111 Pop 70R of ilia 0101 Catfnty Imid liacull) toll it total distuff aI 070.70 loot to a 00A copped kou rod NoW In tho truO tlghHf -rsup find of 5tuta Hlolrwoy No. 0 nmallikrg tlio comttimouat conlof of smltd Of auto It+trrl trivI file ootllioant Cornet' of vlM prata140l THENCE w1111 ilia aaritutly foie of mild pfeudaaa and 1110 vroRvily ilolrt-of�tray ITme of Skits Rblmuey flow 11 fly f4tews: ISfoijlr VIOL 120M feat to in Raoma onppa+l %•-Inah Iran Toil not marklpg tho hdolnr+lno of a ourvo to 11to tt{Ihll Smillmostofly dark aid aurm kavlty a aantral anola of WWI` All a rowlhis of P00.72 fool, for an an datmmoo of 068,42 loot 4chordl ;* Gouth l0`0' 0" IYal OWN loud to v tiourno 00ryInd �}-Mash Iran tau twat tnarklnu Ulu 00 of unlml aitawal SauU/ Itvils 46' Woat, 144,06 toot to 1bo palm of wgtatlltg tnttl Q01VIaiut"I I,o�7,338 tilmo lout or 24,27 (torus of inpd, Roadway Impact Fee Reimbursement Agreement Anna Crossing Phase 1C County Road 421—Exhibit B LEGAL pl SCRIP1I01d TRACT 3 I.FGAI. C11WSCl1IP 11�st� 13�121168 MI (''i', t 3E1A44 AC I'S !i~IMp n 39,90�14 Ac�r4 Irz1c1 c1f lend nitci�tott 1n rile dltfiNptt3�ihJ CtTAi#tt �tJt�V�YAt);3TftAt3`T t1D. by 00� °�t�t�urio �rxln�y, 7'oxo a �,nd balop }roll of thot oal[ d 174X4 aoro truce Of Ipnct aAnvayort ba to 1•i. t3 Wy 4 10,100'l, r000tdod I11 VOIU1116 144, fags 246, Csod Roolorda, Collin Counly, TOM (DACA 11 slut WhO mars rwtl4tllmdy dewlbod as IolluwN , 110 tjopoi+lhll) to at a jP" Iron 100' It.o.W) ar d booWinn t III the donjurfor Cornet In tof County pvadt14 1 find b nu Iho stsullwjost non oar orf W0 1J.p,n,fi,l 9,0944 ,sore tract of 1011t11 1141 f=Nt�H t41tt d4o, bit min. p0 Hors: , Wong tmllnr3flst rloht of-vjoy line ofV•I�:i�,�., o cjotftntm d 1,16GA0 toot rood to Toth rod Mind 00l, rreror lace III Val o>5e 4111", C'�s8o 'Ot 01 o ell 'd f.; 21 11 ova h oot of lend convoyarl by tHirtvCt 00 tall, 00 tout 30 Not:, r , along the soulh 1100 of Oald'Ig M1 KY011`841 Of lt"I and fin mend ttlb 00utfl E q10 of a 10,pi 1 aore tract of fend ooilvoyezi by clooti to Ceotl R, ounnWohnnl, tocoided In VoI0114 4802, r'880 400, It,�.C,'1'„ a distzlnce of #, 78,t3ti font to A 1!2'' Iron rocs IotN1d for comoc snit Whig IN sa111,11 00 a Mef of $Vz l wSwI to Alter Hr8tr1) nVgAlCiOmMlJto Uarutlty Clo tc'srFlBfo roc, pW8 U01ti83t p,fi llgd pb,184 earn Irpct aI land oonvoyyocl Iry ttootl THENCU 0 ho daps d4 milk 83 866. t;, Ong 1110 Met t1110 of eattt '104104 fire tract of 1191d, b dtn1A116e of q,1'l"3 fool to" W iron rod sell rtst mar and WIN In the G0111of of Courtly Rood 421, and oleo bolrip Iha 9nt1thw40t Winer f >';dld 10.1�d pro Iropt t>f Itslltlt HaNCfi N 84 da11, 44 ntin, 00 890, W, Of(MI) U10 allniol of sold C1otr11Ry ftostl #, c1 r#tsisilue o! 1,7s4.�15 loot to Ho ,OJN iCF BEGINNING card aanlulnri1f11,742,168 stl, fl. or 30.0044 arras orluntl. Roadway Impact Fee Reimbursement Agreement Anna Crossing Phase 1C County Road 421—Exhibit B j f _t. o2/ rl l I «r �j# 114 Ir , � � x l F , I � i F '� R 46 ACREfi i i pp OR IT7.97976 SQUARE FEtT '� I 8 Itrtnbl to Sri —_�� FOS EI CA AIhG ROAD - Z "s?3. _._._fA?Z._..�..` _:i's.J-Y )3�- ur,ruvn. e�c � 1s_ 14 arc_+ BEING 4.086 acres (177,976 square feet) of land in the Granderson Stark Survey, Abstract No. 798, City of Anna, Collin County, Texas; said 4.086 acres (177,976 square feet) of land being a portion of that certain tract of land described in a Special Warranty Deed to Anna Town Center No. 8/CTS5 Ltd. (hereinafter referred to as Anna Town Center No. 8 tract), as recorded in Instrument Number 20141203001315490, Official Public Records, Collin County, Texas (O.P.R.C.C.T.); said 4.086 acres (177,976 square feet) of land being more particularly described, by metes and bounds, as follows: BEGINNING at a mag nail found for the Southeast corner of said Anna Town Center No. 8 tract, same being the Southwest corner of that certain tract land described in a Deed of Trust to Louis C. Miller (hereinafter referred to as Miller tract), as recorded in 19930204000086770, O.P.R.C.C.T., same being the North line of that certain tract of land described in a Special Warranty Deed with Vendor's Lien to Anna Highway 5, LLC (hereinafter referred to as Anna Highway 5 tract), as recorded in Instrument Number 20121228001650300, O.P.R.C.C.T., same being the South line of said Granderson Stark Survey, same being the North line of David E W Babb Survey, Abstract Number 33, same also being in East Foster Crossing Road, also known as County Road 421; Roadway Impact Fee Reimbursement Agreement Anna Crossing Phase 1C County Road 421—Exhibit B THENCE North 89 degrees 11 minutes 34 seconds West with the common line between said Anna Town Center No. 8 tract and said Anna Highway 5 tract, and with the common line between said Granderson Stark Survey and said David E W Babb Survey, and along said East Foster Crossing Road, a distance of 333.98 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the Southwest corner of said Anna Town Center No. 8 tract, same being the Southeast corner of that certain tract of land described in a Warranty Deed with Vendor's Lien to 40 PGE, Ltd. (hereinafter referred to as 40 PGE tract), as recorded in Volume 5387, Page 468, O.P.R.C.C.T.; THENCE North 00 degrees 11 minutes 26 seconds West, departing said survey line and said East Foster Crossing Road and with the common line between said Anna Town Center No. 8 and said 40 PGE tract, a distance of 529.48 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the Northwest comer of the herein described tract; THENCE North 89 degrees 49 minutes 30 seconds East, departing the West line of said 40 PGE tract, and crossing said Anna Town Center No. 8 tract, a distance of 334.71 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the Northeast corner of the herein described tract, same being in the East line of said Anna Town Center No. 8 tract, same being in the West line of said Miller tract, THENCE South 00 degrees 06 minutes 25 seconds East, with the common line between said Anna Town Center No. 8 tract and said Miller tract, a distance of 535.21 feet to the PLACE OF BEGINNING, and containing a calculated area of 4.086 acres (177,976 square feet) of land. Roadway Impact Fee Reimbursement Agreement Anna Crossing Phase 1C County Road 421—Exhibit B Tract 5 — Survey and Legal Description CG s I M �qtNFit f It / J r J rl f.; t it A, 6.913 PLRE9 �+ttL- .>: . OR 26b9199QUARC FL�� ro+.�..� tCKRUIUf AtlSiAM ICEIIIER (19vmT to I s I TF vn)Llta£R M4FOR1ri)f:W1 I rep O GACCT 'Ii nr�it 'e -- Vi Mn 4 w, t., A ._ s 'I VV �i ittk{I j 11 BEING 6.013 acres (261,919 square feet) of land in the Granderson Stark Survey, Abstract No. 798, City of Anna, Collin County, Texas; said 6.013 acres (261,919 square feet) of land being a portion of that certain tract of land described in a Special Warranty Deed to Anna Town Center No. 8/CTS, Ltd. (hereinafter referred to as Anna Town Center No. 8 tract), as recorded in Instrument Number 20141203001315490, Official Public Records, Collin County, Texas, (O.P.R.C.C.T.); said 6.013 acres (261,919 square feet) of land being more particularly described, by metes and bounds, as follows: BEGINNING at a one-half inch iron rod with plastic cap stamped "CORWIN" found for the Northwest corner of said Anna Town Center No. 8 tract, same being the Southwesterly corner of that certain tract of land described as Anna Crossing Phase I (hereinafter referred to as Anna Crossing Phase 1 B), an addition to the City of Anna, Collin County, Texas, according to the plat recorded in Instrument number 2017-570, Plat Records, Collin County, Texas, same being in the East line of that certain tract of land described in a General Warranty Deed to Cecil Burl Cunningham (hereinafter referred to as Cunningham tract), as recorded in Instrument Number 20151123001471250, O.P.R.C.C.T.; THENCE South 89 degrees 16 minutes 12 seconds East, departing the East line of said Cunningham tract and with the common line between said Anna Town Center No. 8 tract, and said Anna Crossing Phase 113, a distance of 335.89 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the Northeast corner of said Anna Town Center No. 8 tract, same being the Northwest corner of that certain tract of land described in a Contract of Sale and Purchase to Robert W. Price (hereinafter referred to as Price tract), as recorded in Instillment Number 1993-8676, O.P.R.C.C.T.; Roadway Impact Fee Reimbursement Agreement Anna Crossing Phase 1C County Road 421—Exhibit B THENCE South 00 degrees 06 minutes 25 seconds East, departing the South line of said Anna Crossing Phase I and with the common line between said Anna Town Center No. 8 tract and said Price tract, pass at a distance of 665.04 feet, the Northwest corner of that certain tract of land described in a Deed of Trust to Robert W. Price and wife, Jessica M. Price (hereinafter referred to as Robert and Jessica Price tract), as recorded in Instrument Number 1997-69675, O.P.R.C.C.T. and continue with said course and the common line between said Anna Town Center No. 8 tract and said Robert and Jessica Price tract, pass at a distance of 764.85 feet, the Westerly Southwest corner of said Robert and Jessica Price tract, same being the Northwest corner of that certain tract land described in a Deed of Trust to Louis C. Miller (hereinafter referred to as Miller tract), as recorded in 19930204000086770, O.P.R.C.C.T., and continue with said course and the common line between said Anna Town Center No. 8 tract and said Miller tract for a total distance of 778.53 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the Southeast corner of the herein described tract; THENCE South 89 degrees 49 minutes 30 seconds West, departing the West line of said Miller tract, and crossing said Anna Town Center No. 8 tract, a distance of 334.71 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the Southwest corner of the herein described tract, same being in the West line of said Anna Town Center No. 8 tract, same being the East line of that certain tract of land described in a Warranty Deed with Vendor's Lien to 40 PGE, Ltd. (hereinafter referred to as 40 PGE tract), as recorded in Volume 5387, Page 468, O.P.R.C.C.T.; THENCE North 00 degrees 11 minutes 26 seconds West, with the common line between said Anna Town Center No. 8 tract and said 40 PGE tract, pass at a distance of 586.15 the Northeast corner of said 40 PGE tract, same being the Southeast corner of said Cunningham tract, continue same course with the common line between said Anna Town Center No. 8 tract and said Cunningham tract, for a total distance of 783.83 feet to the PLACE OF BEGINNING, and containing a calculated area of 6.013 acres (261,919 square feet) of land. Roadway Impact Fee Reimbursement Agreement Anna Crossing Phase 1C County Road 421—Exhibit B ct tF ON18303NiJN9`� 2IHIS INNVHWA EXHIBIT C The Roadway Project tz �o a Nvid wvao v+aols StlX31'tlNM/ OL 3SVHd JNISSOaO NMOl `dNNV 1. lip Roadway Impact Fee Reimbursement Agreement Anna Crossing Phase 1C County Road 421— Exhibit B EXHIBIT D Breakdown of Costal PROJECT QUANTITIES- CR 421 IMPROVEMENTS 4/15/2020 SECTION 1-ENGINEERING ITEM DESCRIPTION gUANTITY UNIT COST/UNIT TOTAL COST 1A Geotechnical Investigation 1 LS $0.00 $0.00 1.2 Design Survey 1 LS $1,500,00 $1,500.00 1.3 Engineering Design 1 LS $7,500.00 TOTAL COSTS $9,000,00 SECTION II-MISC ITEM DESCRIPTION QUANTITY ' UNIT COST/UNIT TOTAL COST 2A Material Testing 1 LS $1,200,00 $1,200.00 2.2 ROW Acquisition (estimated cost) 1 LS $0.00 2.3 Construction Staking 1 LS $1,250.00 $1,250,00 2.4 As Built Plans 1 LS $200,00 $200,00 TOTAL COSTS $2,650,00 SECTION III -EROSION, GRADING AND DEMO :ITEM DESCRIPTION " QUANTITY UNIT COST/UNIT TOTAL COST 3.1 Site Work -Initial Grading and Cut Back 1 LS $2,500,00 $2,500.00 3.2 Site Work -Tree removal, Disposal and Demolition 1 LS $0,00 $0.00 3.2 Site Work -Asphalt Removal and Replacement 130 Sy $150,00 $190500,00 3.3 Remove Existing 60" CMP 1 LS $2,000.00 $2,000.00 3A Site Work-Backfill and Fine Grading 1 LS $1,500,00 $1,500.00 3.8 Erosion Control - Drainage - Silt Fence -With Wire Backing 600 LF $2.00 $1,200.00 3.9 Erosion Control - Grassing -Seeding -Square Yard 25000 SF $0,25 $60250,00 TOTAL COSTS $320950,00 SECTION IV -STORM DRAINAGE ITEM DESCRIPTION QUANTITY UNIT COST/UNIT I TOTAL COST 4.1 10'x4' RCB 189 LF $750.00 $141,750.00 4.2 3-10'x4' Headwall - TxDOT (PW) 2 EA $50,000.00 $100,000.00 4.3 Grouted Rock Rip Rap 45 Sy $115,00 $5,175,00 4A Traffic Control 1 MO $3500,00 $3,500,00 TOTAL COSTS $250,425.00 TOTAL $295,025.00 $0.00 I Note, costs are an estimate only and the final construction costs shall be determined by the actual amounts paid for the Roadway Project. The estimated costs herein shall in no manner limit the eligible reimbursement. Roadway Impact Fee Reimbursement Agreement Anna Crossing Phase 100 Road All —Exhibit C 4817-7010-7834v.4 19719-103 4/20/2020 Q U N t X W f." mmw� w Alm v IL �� ©, AW