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HomeMy WebLinkAboutRes 2020-05-733 Petition for improvement ETJPETITION 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 ("City"), by MM Anna 325, LLC (the "Petitioner"), the owner of approximately 290.887 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 "Property"), 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; (ill) 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 districts (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 (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. 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. 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 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 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 will not be obligated to provide any funds to finance the Authorized Improvements, other than From assessments levied on the District and possible tax increment reinvestment zone revenue. No municipal property in the public improvement district shall be assessed. The Petitioner may also pay certain costs of the improvements from other funds available to the Petitioner. 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(s). 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 Improvements, 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 1 Z day of June, 2020. PETITIONER: MM Anna 3250.1. 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 1$ day of June, 2020 by Mehrdad Moayedi, Manager of 2M Ventures, LLC, as Manager of MMM Ventures, LLC, as Manager of AM Anna 325, LLC, a Texas limited liability company on behalf of said company. ""'� TREVOR KOLLINGER Y FU��G 1�e�,Notary Public, State of Texe W,rQ� Comm. Expires 01-05-2021 30950327 pF,s�,` Notary ID 1 Notary Public, State of Texas Sherley Tract PID Petition 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*5 THENCE S 01 °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 03°07'30"W, 136.17 feet; THENCE S 00°1All 8"W, 117.40 feet; THENCE S 89°5111811E, 18.32 feet; THENCE N 55045'18"E, 13.27 feet; THENCE N 29020'54"E, 61.95 feet; THENCE N 82059'12"E, 29.11 feet; THENCE S 76048'02"E, 38.97 feet; THENCE N 81 °31'02"E, 42.52 feet; THENCE N 64056'10"E, 12.15 feet; THENCE S 30°32'08"E, 25.22 feet; THENCE S 00°1415W, 13.28 feet; THENCE S 32°18S8E3 21.36 feet; THENCE S 78°0720E, 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"E5 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 03023135"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, tluough 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°08'1911111, 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 00010'5611E, 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 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"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 300571S6"W, 141.18 feet; THENCE N 220041S6"W, 112.22 feet; THENCE N 08032118"W, 237.53 feet; THENCE N 21021'56"W, 73.37 feet; THENCE N 12045'32"W, 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 10049'32"E, 87.03 feet; THENCE N 23029101"E, 238.46 feet; THENCE N 60°08'36"E, 217.24 feet; THENCE N 40°3612E, 97.96 feet; THENCE N 22°5402E, 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'O1 "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 040 161S6"E, 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 89°54'11 "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. 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