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Home My WebLink About2020-06-09 Work Session & Regular Meeting PacketTHE CITY OF knna AGENDA City Council Work Session Tuesday, J u ne 9, 2020 @ 6:30 P M Anna City Hall, Council Chambers 111 N. Powell Parkway, Anna, Texas 75409 The City Council of the City of Anna will meet in Work Session at 6:30 PM, on June 9, 2020, at the Anna City Hall, Located at 111 North Powell Parkway (Hwy 5), to consider the following items. 1. Call to Order, Roll Call and Establishment of Quorum 2. Citizen Comments. The public will be permitted to offer public comments electronically, as provided by the agenda and as permitted by the presiding officer during the meeting. We are encouraging neighbors, who wish to speak, to complete a Speaker Registration Form and submit to City Secretary Carrie Land (cland@annatexas.gov) by 5:00 PM so it may be read into the record. The form is found on the website at the following link: https://www.annatexas.gov/DocumentCenter/View/2233/Council-Speaker-Sign-I n- Sheet?bid I d= 3. CLOSED SESSION (EXCEPTIONS) Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071). architect contract; legal aspects of disaster relief funding; lease agreement b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); city facilities; acquisition of easements c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); possible incentive agreements with property developers; pending negotiations on development agreements. d. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); Boards and Commission Members The Council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 4. Consider/Discuss/Action on any items listed on any agenda —work session, regular meeting, or closed session —that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. (If there is no need to address any other such agenda item, the Mayor shall adjourn this meeting). 5. Adjourn. There being no further business before the Council, we will consider this meeting adjourned at p.m. This is to certify that I, Carrie L. Land, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m. on June 5, 2020. Carrie L. Land, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. AGENDA THE CITY OF Regular City Council Meeting AAtia Tuesday, J u ne 9, 2020 @ 7:30 P M Anna City Hall, Council Chambers 111 N. Powell Parkway, Anna, Texas 75409 The City Council of the City of Anna will meet in Regular Session at 7:30 PM, on June 9, 2020, at the Anna City Hall, Located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a record of attendance. If you wish to speak on an open -session agenda item, please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order, Roll Call and Establishment of Quorum. 2. Invocation and Pledge of Allegiance. 3. Citizen Comments. The public will be permitted to offer public comments electronically, as provided by the agenda and as permitted by the presiding officer during the meeting. We are encouraging neighbors, who wish to speak, to complete a Speaker Registration Form and submit to City Secretary Carrie Land (cland@annatexas.gov) by 5:00 PM so it may be read into the record. The form is found on the website at the following link: https://www.annatexas.gov/DocumentCenter/View/2233/Council-Speaker-Sign-I n- Sheet?bid I d= At this time, any person may address the City Council regarding an item on this meeting agenda that is not scheduled for public hearing. Also, at this time any person may address the Council regarding an item that is not on this meeting agenda. Each person will be allowed up to three (3) minutes to speak. No discussion or action may be taken at this meeting on items not listed on this agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. a. Recap of the events of June 7 with regard to the planned peaceful protest. b. Staff will provide an update on the design of Rosamond Parkway, including the project from US 75 to State Highway 5, and the segment of Rosamond Parkway from State Highway 5 to FM 2862 (Houston Street) (Director of Public Works, Greg Peters, P.E.) c. Staff will provide an update on the Water & Wastewater Rate Study. (Director of Public Works Greg Peters, P.E.) 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve Council Meeting Minutes for May 26, 2020. b. Review minutes of the March 2, 2020 Planning and Zoning Commission meeting. (Director of Development Services Ross Altobelli) C. Review minutes of the May 4, 2020 Planning & Zoning Commission meeting. (Director of Development Services Ross Altobelli) d. Consider/ Discuss/Action on a Resolution approving the Walker Estate, Block A, Lot 1, Development Plat. (Director of Development Services Ross Altobelli) e. Consider/Discuss/Action on a Resolution approving the Anna Ranch, Phase 1, Final Plat. (Director of Development Services Ross Altobelli) f. Consider/Discuss/Action on a Resolution approving the EF Trinity River Addition, Block A, Lot 1, Final Plat. (Director of Development Services Ross Altobelli) 6. Consider/Discuss/Action on a Resolution establishing a Chapter 380 small business assistance program to provide immediate, short-term financial aid to qualified small businesses in the City of Anna. (Economic Development Director Joey Grisham) 7. Discuss/Consider/Act on a Resolution authorizing the City Manager to execute a task order agreement for right-of-way acquisition services with Cobb Fendley & Associates, Incorporated. (Director of Public Works Greg Peters, P.E.) 8. Discuss/Consider/Act on developing designated truck routes in the City of Anna. (Director of Public Works Greg Peters, P.E.) 9. Consider/Discuss/Action regarding a Resolution establishing a Comprehensive Plan Advisory Task Force. (Director of Development Services Ross Altobelli) 10. Consider/Discuss/Action regarding a Resolution approving a Subdivision Improvement Agreement for the Sherley Tract. (Economic Development Director Joey Grisham) 11. A) Conduct a public hearing to consider public comments to rezone 34.3± acres located on the west side of U.S. 75 and 691± feet south of Future Rosamond Parkway (W CR 370) from Single -Family Residential — Large Lot (SF-E) to Planned Development -General Business District (PD-C-2) with modified development standards. (Director of Development Services Ross Altobelli) B) Consider/Discuss/Action on an Ordinance approving the request to rezone 34.3± acres from Single -Family Residential - Large Lot (SF-E) to Planned Development -General Business District. (PD-C-2) with modified development standards. C) Consider/Discuss/Action on a Resolution regarding the Concept Plan, Sherley Commercial, Block A, Lots 1-3, Block B, Lots 1-2, and Block C, Lot 1, associated with the rezoning request. 12. CLOSED SESSION (EXCEPTIONS) Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071). legal aspects of disaster relief funding b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); city facilities; acquisition of easements c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); possible incentive agreements with property developers; pending negotiations on development agreements. d. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); Boards and Commission Members The Council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 13. Consider/Discuss/Action on any items listed on any agenda —work session, regular meeting, or closed session —that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. (If there is no need to address any other such agenda item, the Mayor shall adjourn this meeting). 14. Adjourn. There being no further business before the Council, we will consider this meeting adjourned at p.m. This is to certify that I, Carrie L. Land, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m. on June 5, 2020 Carrie L. Land, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. THE CITY OF AiAtia AGENDA ITEM: Item No. 4.a. City Council Agenda Staff Report Meeting Date: 6/9/2020 Recap of the events of June 7 with regard to the planned peaceful protest. SUMMARY: STAFF RECOMMENDATION: No action planned; for information only. THE CITY OF AiAtia AGENDA ITEM: Item No. 4.b. City Council Agenda Staff Report Meeting Date: 6/9/2020 Staff will provide an update on the design of Rosamond Parkway, including the project from US 75 to State Highway 5, and the segment of Rosamond Parkway from State Highway 5 to FM 2862 (Houston Street) (Director of Public Works, Greg Peters, P.E.) SUMMARY: Rosamond Parkway is a critical thoroughfare in the City of Anna, and is planned to go from US 75 to SH 5 (Rosamond West) and from SH 5 to FM 2862 (Rosamond East). Staff has been working on both projects. Rosamond West is under design and staff expects construction plans to be complete by the end of the year. The Anna ISD elementary school project on FM 2862 has made the Rosamond East project more time sensitive. Staff is presenting this update to the City Council to provide information and seek feedback on the proposed next steps on both projects. (Strategic Plan Goal 2: Sustainable Anna Community Through Planned, Managed Growth) STAFF RECOMMENDATION: No action required. Staff is seeking feedback on the proposed next steps. ATTACHMENTS: Description Upload Date Type Presentation - Rosamond Parkway Update 6/2/2020 Presentation THE CITY OF Rosamond Parkway Update City Council June 9, 2020 Overview ■ Rosamond —West ■ Project Map ■ Project Status ■ Next Steps ■ Rosamond — East ■ Project Map ■ Project Status ■ Next Steps ■ Future Action Items THE CITY OF manna m i -4 Shadowbend Subdivision Rosamond West— Project Status ■ Project included in the City's Capital Improvement Plan (CIP) ■ Design began in 2019, plans are currently at 75% ■ ROW acquisition task order on agenda tonight ■ Shadowbend Developer will be constructing a portion of Rosamond expansion along the frontage of their project (early grading on their site is underway) THE CITY OF manna Rosamond West— Next Steps ■ ROW acquisition and completion of plans in 2020 ■ Construction on new section could start in 2021 ■ Developer partnership opportunity ■ The land adjacent to the new section is being looked at for development ■ The City could work out an agreement with the development community to partner to fund construction ■ Staff will be working to develop this option further THE CITY OF manna E^alk EhRlove =.v • - Haekbeff.y n _ M0uso) QV 41 O O Rosamond East — Project Status ■ Staff has met with Anna ISD to discuss their plan for a new elementary school. ■ Upon reviewing the situation, staff has determined that the eastern extension of Rosamond Parkway is needed to prevent school traffic from using residential streets in Sweetwater Crossing to access the school. ■ The road is included in the City Master Thoroughfare Plan and is identified as a future CIP project. However, this project was not budgeted or planned for the near -term. ■ Previous staff and consultant were developing a bridge concept over SH 5. ■ Staff does not recommend pursuing this option, as it is cost prohibitive, inefficient, and could negatively impact development of property located immediately adjacent to SH 5 and the railroad. ■ Instead, staff recommends constructing 2 lanes (future 4-lane) of road to connect Rosamond at SH 5 to FM 2862 (phase 1). THE CITY OF ��na Rosamond East — Next Steps ■ The anticipated date for Anna ISD opening up the new elementary school is August of 2021. Further coordination with Anna ISD will be critical, including any potential cost sharing opportunities. ■ Staff recommends having a completed road on or before the opening date if possible. ■ In order to control the timeline and minimize project costs, staff is proposing that Phase 1 of Rosamond East be designed in-house by City staff. ■ Rough budget estimate for Phase 1: $1.51VI ■ Potential Project Timeline ■ Land Survey —July 2020 (1 month) ■ Preliminary Engineering — July thru September 2020 (3 months) ■ Right-of-way acquisition — August 2020 thru January 2021 (6 months) ■ Final Engineering Design — October 2020 thru January 2021 (4 months) ■ Bid — February 2021 (1 month) ■ Construction — March thru August 2021 (6 months) THE CITY OF manna Future Action Items ■ June 9t" (This Meeting) —Approve task order for right-of-way acquisition services on Rosamond West. ■ June 23rd — Approve task orders for land survey and right-of-way acquisition services on Rosamond East. ■ January 2021— Approve ROW purchases and construction budget for Rosamond East. ■ As both projects move forward there will likely be additional action items for the City Council in 2020 and 2021. THE CITY OF manna THE CITY OF AiAtia AGENDA ITEM: Item No. 4.c. City Council Agenda Staff Report Meeting Date: 6/9/2020 Staff will provide an update on the Water & Wastewater Rate Study. (Director of Public Works Greg Peters, P.E.) SUMMARY: Staff has been working with NewGen Strategies to revise the recommendations for rate implementation based on the feedback received from the City Council in April. The City of Anna has not raised water and sewer rates in 5+ years. During this time, the City has seen major annual rate increases from North Texas Municipal Water District, along with increasing costs for transportation of wastewater through Melissa's sewer system, and increasing costs for being part of the Collin Grayson Municipal Alliance, which is run by the Greater Texoma Utility Authority. Since these rising costs have not been passed on to ratepayers, the Utility Fund has gone into the red, and is losing money. Rate increases will be required in order to keep the Utility Fund from becoming insolvent. In an effort to lessen the impact of rate increases on neighbors, staff has developed a list of proposed changes to the City's Capital Improvement Plan and Public Works Department structure. The proposed changes that will defer project costs to the future and impact the Public Works Department's ability to provide certain services. However, the proposed changes reduce the required rate increase for Fiscal Year 2020 and 2021. Staff will present a brief overview of the proposed changes and an outline for the final rate adoption which will be an action item before the City Council on June 23rd. (Goal 2: Sustained Anna Community Through Planned, Managed Growth) STAFF RECOMMENDATION: None. Staff will bring final rates back at the June 23rd meeting. THE CITY OF Anna AGENDA ITEM: Approve Council Meeting Minutes for May 26, 2020. SUMMARY: STAFF RECOMMENDATION: Approval ATTACHMENTS: Description Work Session Regular Session Item No. 5.a. City Council Agenda Staff Report Meeting Date: 6/9/2020 Upload Date Type 6/4/2020 Exhibit 6/4/2020 Exhibit ANNACITYCOUNCIL MINUTES WORK SESSION May 26, 2020 The City Council of the City of Anna met in Work Session on the above date at Anna City Hall, located at 111 North Powell Parkway (Hwy 5), to consider the following items. 1. Call to Order, Roll Call and Establishment of Quorum Mayor Pike called the meeting to order at 6:52 PM. All Members were present. 2. Citizen Comments. At this time, any person may address the City Council regarding an item on this meeting agenda that is not scheduled for public hearing. Also, at this time any person may address the Council regarding an item that is not on this meeting agenda. Each person will be allowed up to three (3) minutes to speak. No discussion or action may be taken at this meeting on items not listed on this agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. None. The public will be permitted to offer public comments electronically, as provided by the agenda and as permitted by the presiding officer during the meeting. We are encouraging neighbors, who wish to speak, to complete a Speaker Registration Form and submit to City Secretary Carrie Land (cland@annatexas.gov) by 5:00 PM so it may be read into the record. The form is found on the website at the following link: https://www.annatexas.gov/DocumentCenter/View/2233/Council-Speaker-Sign- I n-Sheet?bidl d= 3. CLOSED SESSION (EXCEPTIONS) Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071). architect contract; legal aspects of disaster relief funding; lease agreement b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); city facilities; acquisition of easements c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); possible incentive agreements with property developers; pending negotiations on development agreements. d. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); Boards and Commission Members MOTION: Council Member Bryan moved to enter closed session. Council Member Toten seconded. Motion carried 6-0. Mayor Pike recessed the meeting at 6:54 PM. Mayor Pike reconvened the meeting at 7:57 PM. The Council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 4. Consider/Discuss/Action on any items listed on any agenda —work session, regular meeting, or closed session —that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. None. 5. Adjourn. There being no further business before the Council, we will consider this meeting adjourned at p.m. Mayor Pike adjourned the meeting at 7:57 PM. Approved on the June 9, 2020. Mayor Nate Pike ATTEST: City Secretary Carrie L. Land ANNACITYCOUNCIL MINUTES REGULAR SESSION May 26, 2020 1. Call to Order/Roll Call and Establishment of Quorum Mayor Pike called the meeting to order at 7:58 PM. All Members were present. 2. Invocation and Pledge of Allegiance. Council Member Beazley led the invocation. Mayor Pike led the pledge. 3. Citizen Comments. The public will be permitted to offer public comments electronically, as provided by the agenda and as permitted by the presiding officer during the meeting. We are encouraging neighbors, who wish to speak, to complete a Speaker Registration Form and submit to City Secretary Carrie Land (cland@annatexas.gov) by 5:00 PM so it may be read into the record. The form is found on the website at the following link: https://www.annatexas.gov/DocumentCenter/View/2233/Council-Speaker- Sign-In-Sheet?bidld= At this time, any person may address the City Council regarding an item on this meeting agenda that is not scheduled for public hearing. Also, at this time any person may address the Council regarding an item that is not on this meeting agenda. Each person will be allowed up to three (3) minutes to speak. No discussion or action may be taken at this meeting on items not listed on this agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. Mary Allman submitted a written speaker form read by Mayor Pike. See Exhibit A. Brad McCoy requested a lease extension of 1 month for the Wells/McCoy building. Lee Miller spoke regarding Collin County Covid-19 plan that was distributed to the cities on March 11. Nathan Bryan spoke regarding the success of the graduating senior procession held. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. a. Governor's Order Regarding Vehicle Registration Grace Period (Police Chief Caponera) b. Proclamation designating May as Mental Health Awareness Month (Police Chief Caponera) C. Proclamation recognizing the third week in May as National Public Works Week. (Public Works Director Greg Peters, P.E.) d. Update on the CARES Act funding opportunity. (City Manager Jim Proce) 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. Consent Agenda Items a. and d. were removed. a. Approve the City Council Meeting Minutes for May 12, 2020. (City Secretary Carrie Land) MOTION: Council Member Beazley moved to approve subject to additional verbiage stating the meeting was held via teleconference. Council Member Vollmer seconded. Motion carried 6-0. b. Review CDC/EDC Joint Special Called Meeting Minutes from the April 9, 2020 Meeting (Economic Development Director Joey Grisham) c. Approve a Resolution approving the Huth Addition, Block A, Lot 1, Minor Plat. (Director of Development Services Ross Altobelli) Single-family dwelling, detached on 2.7± acres located on the cul-de-sac bulb of White Oak Circle. Located within the extraterritorial jurisdiction (ETJ). A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE HUTH ADDITI ON, BLOCK A, LOT 1, MI NOR PLAT d. Approve 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. (Director of Public Works Greg Peters, P.E.) This item was tabled at the May 12, 2020 City Council Meeting. The City Council requested that a construction start date be added to the agreement. As requested, staff has worked with the developer to add a construction start date of December 31, 2020 with a specific definition of Commence Construction to mean that the City has approved the engineering plans, held a pre -construction meeting with the Developer and contractor, and the contractor has mobilized equipment to the Roadway Project. If construction does not commence on or before this date then the agreement will be null and void. 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,ATEXAS LIMITED PARTNERSHIP,AS SHOWN IN EXHIBIT "A" ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Mayor Pike moved to approve. Council Member Vollmer seconded. Motion carried 6-0. e. Approve a Resolution adopting the 2020 City of Anna Strategic Plan. (City Manager Jim Proce) The City of Anna Strategic Plan: 2020-2025-2035 was developed through a collaborative effort amongst the City Council and City Management through the consulting guidance of Sumek Associates. The 2020 Strategic Plan is an update to the 2019 Strategic Plan, and retains the City's Mission Statement, Vision Statement, Core Values, and charts new Goals for achieving success. The 2020-2025-2035 City of Anna Strategic Plan represents action; definitive goals with deliverables, guided by a mission statement and born from a vision of what we, the City Council representing the neighbors of the City of Anna and the community builders serving as public stewards, will have this City become. A RESOLUTION OF THE CITY OF ANNA, TEXAS ADOPTING THE 2020-2025-2035 STRATEGIC PLAN MOTI ON: Council Member Miller moved to approve Consent Items 5 b., c. and e. Council Member Bryan seconded. Motion carried 6-0. 6. Consider/Discuss/Action on an Ordinance amending Chapter 2 (Administration and Personnel), Article 2.8 (Boards, Committees and Commissions) by adding 2.08.002 (Eligibility). (City Secretary Carrie Smith) Currently, there is no written requirement for boards, commissions and committees members to reside inside the city limits for a period of 12-months. The proposed Ordinance will put this eligibility requirement on appointed boards and commission members. It does allow for special committees and task forces to be created with members that have not resided in the city limits for a 12-month period. AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE ANNA CITY CODE OF ORDINANCES BY AMENDING CHAPTER 2 (ADMINISTRATION AND PERSONNEL), ARTICLE 2.08 (BOARDS, COMMITTEES AND COMMISSIONS), BY ADDING A NEW SECTION 2.08.002 (ELIGIBILITY); PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABI LITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR THE PUBLICATION OF THE CAPTION HEREOF. MOTION: Council Member Bryan moved to approve. Council Member Miller seconded. Motion carried 6-0. 7. A) Conduct a public hearing to consider public comments on a residential replat for Turbyfill Addition, Block A, Lot 1 R & 3. The purpose for the replat is to modify the property boundaries in order to create two lots. (Director of Development Services Ross Altobelli) B) Consider/Discuss/Action on a Resolution approving the Replat, Turbyfill Addition, Block A, Lots 1 R & 3. (Director of Development Services Ross Altobelli) The applicant is dividing Lot 1 into two lots in accordance with the Subdivision Regulations. State law requires a public hearing when a residential property requests to subdivide. Mayor Pike opened the public hearing at 8:27 PM. No Comments. Mayor Pike closed the public hearing at 8:27 PM. MOTION: Council Member Vollmer moved to approve. Council Member Bryan seconded. Motion carried 6-0. 8. Conduct a public hearing to consider public comments to rezone 34.3± acres located on the west side of U.S. Highway 75 and 691± feet south of future Rosamond Parkway (W CR 370) from Single -Family Residential — Large Lot (SF-E) to Planned Development -General Business District (PD-C- 2) with modified development standards. (Director of Development Services Ross Altobelli) Staff is recommending City Council table (continue) the zoning case until the Tuesday, June 9, 2020, City Council meeting. The developer has recently made revisions to certain aspects of the PD and a Subdivision Improvement Agreement involving this property (and an adjoining tract intended to be a single-family development) is currently under negotiation and there are still outstanding aspects of that agreement that could impact this PD. Staff is optimistic that this additional time will allow for the negotiations to conclude and would like the Council to have a full understanding of the development intended for this area before deciding on the PD zoning. Mayor Pike opened the public hearing at 8:29 PM. MOTION: Mayor Pike moved to hold the public hearing opening to June 9 at 7:30 PM. Council Member Vollmer seconded. Motion carried 6-0. 9. Consider/Discuss/Action upon a request from Frank Joiner to extend the lease agreement for Wells McCoy to operate on property purchased by the City of Anna for the Municipal Complex. (Director of Public Works Greg Peters, P.E.) On April 23, 2019 the City Council approved a Resolution and contract for the sale and leaseback of property owned by Joiner Construction Company, Ltd. Per the contract the City has allowed Joiner Construction Company to use the property up until June 30, 2020. Joiner Construction Company, and their tenant, Wells McCoy are to vacate the property prior to June 30, 2020. Based on the information available, staff has determined that the ratio of the leaseback extension to the delay in opening the complex is 1:1. Therefore, for each month beyond June 30, 2020 in which the lease is extended, the Municipal Complex will be delayed in opening by 1 month. In addition, the City may incur additional costs, up toward $100,000's, associated with Lee Lewis having to re- mobilize subcontractors and pay for staff and equipment on -site which is not able to operate efficiently due to the lease restrictions. MOTION: Mayor Nate Pike moved to deny a 30 day lease extension. Council Member Miller seconded. Motion carried 6-0. 10. Consider/Discuss/Action on the selection of a solid waste provider for the City of Anna. (Public Works Director Greg Peters, P.E.) Staff completed a Request for Proposal (RFP) process for solid waste services in the City of Anna. Three companies submitted a proposal, and were interviewed by the selection committee that was comprised of City Council Members, City Manager's Office and City staff. The proposing companies interviewed included, all which met the requirements of the RFP: Community Waste Disposal Cards Recycling and Disposal Services Frontier Waste Solutions The committee reviewed the proposals, interviewed the proposing firms, ranked the firms, and recommended to City Council, Cards Recycling and Disposal Services. Bradshaw and Son's were invited to submit a RFP, but chose not to submit. MOTI ON: Council Member Miller moved to approve for the City Manager to enter into negotiations with Cards Recycling and Disposal Services and if not successful, pursue the second company of choice. Council Member Vollmer seconded. Motion carried 6-0. 11. Approve an Ordinance adopting the 2018 Edition of the International Property Maintenance Code and associated amendments (Managing Director of Community Services Ashley Stathatos & Code Compliance Manager Kevin Martin). The International Property Maintenance Code, (IPMC), is a model code that establishes minimum maintenance requirements for residential and non-residential buildings, structures, equipment, facilities and premises in the areas of sanitation, basic equipment, light, ventilation, heating and fire safety. The I PMC is kept up to date through the review of proposed changes submitted by code enforcement officials, industry experts, design professionals and other interested parties. Code development committees make recommendations regarding proposed changes to the codes, and I CC's governmental members cast final votes on proposed changes. The 2018 Edition is the most recent version of the International Property Maintenance Code. The City currently operates under a Property Maintenance Code that was adopted in 2005 with some extra provisions added in 2010. Not only is the current code out of date, but it is also ineffective in several areas. The 2018 I PMC and the amendments that go along with it have been written to take care of these ineffective areas and other code issues prevalent in the community. Other benefits of adopting the 2018 IPMC include: protecting property values, maintaining quality of life, eradicating blight and reducing crime. Council discussed the proposed amendments to the IPMC. Council discussion ensued. AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE ANNA CITY CODE OF ORDINANCES BY AMENDING CHAPTER 4, (BUILDING REGULATIONS), BY REPEALING ARTICLE 4.04, (PROPERTY MAINTENANCE CODE) AND REPLACING SAID ARTICLE WITH A NEW ARTICLE 4.04 (PROPERTY MAINTENANCE CODE) BY ADOPTING THE 2018 EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE WITH CERTAIN AMENDMENTS THERETO; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR THE PUBLICATION OF THE CAPTION HEREOF. MOTION: Council Member Beazley moved to approve. Council Member Bryan seconded. Motion carried 6-0. 12. CLOSED SESSION (EXCEPTIONS) Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071). architect contract; legal aspects of disaster relief funding; lease agreement b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); city facilities; acquisition of easements C. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); possible incentive agreements with property developers; pending negotiations on development agreements. d. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); Boards and Commission Members None. 13. Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary None. 14. Adjourn. Mayor PIke adjourned the meeting at 9:37 PM. Approved on the May 22, 2020. Mayor Nate Pike ATTEST: City Secretary Carrie L. Land THE CITY OF Anna AGENDA ITEM: Item No. 5.b. City Council Agenda Staff Report Meeting Date: 6/9/2020 Review minutes of the March 2, 2020 Planning and Zoning Commission meeting. (Director of Development Services Ross Altobelli) SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description Minutes Upload Date Type 6/3/2020 Backup Material MINUTES PLANNING AND ZONING COMMISSION MARCH 2, 2020 The Planning and Zoning Commission of the City of Anna held a meeting at 7:00 p.m. on March 2, 2020, at the Anna City Hall Administration Building located, 111 North Powell Parkway, to consider the following items. 1. Call to Order and Establishment of Quorum The meeting was called to order at 7:00 pm. Members present were Daniel Moody, Don Callaham, Wayne Barton, Donald Henke, Danny Ussery, and Leslie Voss. Alonzo Tutson was absent. Staff present were Ross Altobelli and Lauren Mecke. Commissioner Barton conducted the meeting in place of Chairman Tutson. 2. Invocation and Pledge of Allegiance Commissioner Barton gave the invocation and led the Pledge of Allegiance. 3. Citizen Comments: At this time, any person may address the Planning and Zoning Commission regarding an item on this meeting agenda that is not scheduled for public hearing. Also, at this time any person may address the Commission regarding an item that is not on this meeting agenda. Each person will be allowed up to three (3) minutes to speak. No discussion or action may be taken at this meeting on items not listed on this agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. There were no citizen comments. 4. Consider/Discuss/Action on recommendation regarding the Penny Estates, Block A, Lot 1, Development Plat. Mr. Altobelli gave a brief presentation and answered questions from the Commission. The development plat is located within Anna's extra territorial jurisdiction. The purpose of the development plat is so the property owner can add covered porches to the existing structure. Commissioner Henke asked for clarification of a development plat's purpose. A development plat is for properties that have never been platted and are being developed or expanding an existing building's footprint to ensure that the Subdivision Regulations are being met. A motion was made by Commissioner Henke, seconded by Commissioner Callaham, to recommend approval of the development plat. The vote was unanimous. Consider/Discuss/Action on recommendation regarding the Benton Addition, Block A, Lot 1, Development Plat. Mr. Altobelli gave a brief presentation and answered questions from the Commission. The development plat is located within Anna's extra territorial jurisdiction. The purpose of the Development Plat is so the property owner can build two new homes. A motion was made by Commissioner Callaham, seconded by Commissioner Voss to recommend approval of the development plat. The vote was unanimous. Page 1 of 4 Consider/Discuss/Action on recommendation regarding the B. Roper Addition, Block A, Lot 1, Final Plat Mr. Altobelli gave a brief presentation and answered questions from the Commission. The final plat is located on the north side of West White Street, 294± feet east of West Crossing Boulevard. The purpose of the final plat is to dedicated easements. A motion was made by Commissioner Moody, seconded by Commissioner Ussery to recommend approval of the final plat. The vote was unanimous. Consider/Discuss/Action on recommendation regarding the Shadowbend PH-1, Final Plat. Mr. Altobelli gave a brief presentation and answered questions from the Commission. The final plat is located on the north side of Rosamond Parkway, 1,147± feet west from South Powell Parkway. The purpose of the final plat is to create a new subdivision and dedicate easements. Commissioner Barton asked about the drainage issue they had previously heard about. Mr. Altobelli stated that drainage was part of the civil review and Phase II, which is not included at this time. A motion was made by Commissioner Voss, seconded by Commissioner Moody to recommend approval of the final plat. The vote was unanimous. Consider/Discuss/Action on recommendation regarding the Camden Parc in Anna, Phase 3, Final Plat. Mr. Altobelli gave a brief presentation and answered questions from the Commission. The final plat is located at the southeast corner of Leonard Avenue and Lindsey Lane. The purpose of the final plat is to create a new subdivision and dedicate easements. A motion was made by Commissioner Henke, seconded by Commissioner Callaham to recommend approval of the final plat. The vote was unanimous. Consider/Discuss/Action on recommendation regarding the Lakeview Estates, Phase 3, Final Plat. Mr. Altobelli gave a brief presentation and answered questions from the Commission. The final plat is located on the east side of South Ferguson Parkway, 562± feet north of Candlewood Drive. The purpose of the final plat is to create a new subdivision and dedicate easements. Commissioner Moody recused himself from this item. Commissioner Barton inquired if they had increased the curvilinear streets. Mr. Altobelli confirmed. Commissioner Ussery asked if they were meeting the Neighborhood Design Standards. Mr. Altobelli stated that the preliminary plat for this item predates the Neighborhood Design Standards. Commissioner Henke had a question about the trails and Mr. Altobelli responded that the trails are offsite and that they would be dedicated by separate instrument. Commissioner Ussery questioned the use of Lot 17. Mr. Altobelli responded that it is zoned strictly for child-care center use only. A motion was made by Commissioner Callaham, seconded by Commissioner Ussery to recommend approval of the final plat. The vote was in favor of approval 5 - 0 with Commissioner Moody abstaining. Page 2 of 4 10. Consider/Discuss/Action on recommendation regarding the Children's Lighthouse Addition, Block A, Lots 1 and 2, Preliminary Plat. Mr. Altobelli gave a brief presentation and answered questions from the Commission. The property is located at the southwest corner of Leonard Avenue and Sharp Street. The purpose of the final plat is to create two lots and dedicate easements. Commissioner Henke inquired about this item moving forward. Mr. Altobelli and Commissioner Barton responded that City Council had approved the zoning case. The preliminary plat is the first step of the development process. Next will be the site plan and civil plans, followed by the final plat. A motion was made by Commissioner Voss, seconded by Commissioner Ussery to recommend approval of the preliminary plat. The vote was in favor of approval 5-1 with Commissioners Voss, Ussery, Barton, Henke, and Callaham voting yes and Commissioner Moody voting no. 11. Consider/Discuss/Action on recommendation regarding the Anna Town Center Addition, Block A, Lot 9, Site Plan. Mr. Altobelli gave a brief presentation and answered questions from the Commission. The property is located on the east side of U.S. Highway 75, 1,109± feet north of West White Street. The purpose of the site plan is to develop a new restaurant. Commissioners Henke and Ussery asked about the location in proximity to other new restaurants. Mr. Altobelli answered that this will be to the north of Starbucks. Commissioner Barton stated that he is pleased with the location and access to the dumpster. Commissioner Ussery asked about parking. Mr. Altobelli responded that restaurants require a minimum parking of 1 space for every 100 square feet of floor area and this project is significantly overparked. Commissioner Henke inquired about drainage of the site. Staff and other commissioners pointed out the inlets and that the civil plan review will look closer at drainage. A motion was made by Commissioner Ussery, seconded by Commissioner Moody to recommend approval of the site plan. The vote was unanimous. 12. Consider/Discuss/Action to approve minutes of the February 3, 2020 Planning and Zoning meeting. The Commissioners thanked staff for providing detailed minutes. A motion was made by Commissioner Henke to approve the minutes, seconded by Commissioner Voss. The vote was unanimous. Page 3 of 4 13. Consider/Discuss/Action on amendments to Article 9.02 Subdivision Regulations, Article 9.03 Design Standards, Article 9.04 Zoning Ordinance, Article 9.06 Landscape Regulations and related sections of the Development Regulations. Ms. Mecke gave a brief presentation. Ms. Mecke and Mr. Altobelli answered questions from the Commission. Specific questions that the Commission asked include: • Could staff provide the agenda item earlier to have more time to review? Yes, staff will make this item available, though it may not be the final draft that goes in the packet. • Could City Council modify the Planning and Zoning Commissions recommendation and adopt without P&Z reviewing the changes? Yes. Staff recommended to have at least one representative from the Planning & Zoning Commission when this item goes forward to City Council. • Why remove Mylars? Ms. Macke responded that there is a difficulty of storing Mylars, it is an additional cost to applicants, and with today's technology of digital filing they are no longer necessary to our administrative processes. • Could staff provide detailed reasoning for each proposed change? Yes, staff will provide a reason for each proposed change. • For the minimum landscaping section, is staff proposing to modify it? Ms. Mecke responded that the current wording for nonresidential and multifamily requirements are not straightforward in regards to the number of trees. Reorganizing the section would bring clarity to staff, applicants, the commission, and anyone reading this section. Commissioner Ussery provided the additional comment that no changes should be made to the Neighborhood Design Advisory Committee's 2019 amendments. Mr. Altobelli reiterated the Planning & Zoning Commission will have the ability to modify anything staff brings forward. The item brought forward to City Council will be the recommended amendments of the Planning & Zoning Commission. A motion was made by Commissioner Callaham, seconded by Commissioner Moody to Call a Public Hearing for amendments to the Development Regulations at the April 6, 2020 Planning & Zoning Commission meeting. The vote was unanimous. 14. Adjourn A motion was made by Commissioner Ussery seconded by Commissioner Moody tgiadjo�the meeting. The vote was unanimous. The meeting adjourned at 7:35 pm. e �� and Zbninq Commission Chairman ATTEST: Page 4 of 4 MINUTES PLANNING AND ZONING COMMISSION May 4, 2020 The Planning and Zoning Commission of the City of Anna held a meeting at 7:00 p.m. on May 4, 2020, via ZOOM video conference, to consider the following items. Call to Order and Establishment of Quorum The meeting was called to order at 7:03 p.m. Members present were Wayne Barton, Alonzo Tutson, Leslie Voss, Danny Ussery, Daniel Moody, Donald Henke with Don Callaham absent. Staff present were Ross Altobelli, Lauren Mecke, Olivia Demings, Clark McCoy, and Kevin Johnson. 2. Invocation and Pledge of Allegiance Commissioner Barton gave the invocation and led the Pledge of Allegiance. 3. Citizen Comments: At this time, any person may address the Planning and Zoning Commission regarding an item on this meeting agenda that is not scheduled for public hearing. Also, at this time any person may address the Commission regarding an item that is not on this meeting agenda. Each person will be allowed up to three (3) minutes to speak. No discussion or action may be taken at this meeting on items not listed on this agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. There were no citizen comments 4. A) Conduct a public hearing to consider public comments to rezone 34.3± acres located on the west side of U.S. 75 and 691± feet south of Future Rosamond Parkway from Single -Family Residential — Large Lot (SF-E) to Planned Development -General Business District (PD-C-2) with modified development standards. The public hearing opened at 7:26 p.m. Mr. Altobelli gave a brief presentation and answered questions from the Commission. He noted for the commission that after discussion with the City Attorney the signage request cannot be a part of the zoning request, as it has its own ordinance section (9.05). The applicant is proposing multiple - family residences and commercial/entertainment sites. Surrounding the lot to the north and across U.S. 75 is vacant single-family lots. To the south, is a medical product and a vacant ETJ lot. The proposed zoning meets several of the City's strategic plan principles such as life cycle family housing for all generation, diverse housing choices, safe, well -designed, well -maintained multi- family, and attractive commercial centers. The area is currently designated on the Future Land Use map as commercial land. The base zoning for the Planned Development is C-2 with the added restriction of automobile uses and the allowance of multiple -family and single-family dwelling, attached. The applicants have agreed to stipulations that would protect multi -family residents from U.S. 75 such as a 650 feet Page 1 of 10 setback and locating the commercial product along the frontage. Variations in design standard include 4 story products with a maximum density of 450 units. Nonresidential products will include entertainment, restaurants, and a hotel. PD stipulation are used to ensure product shown on concept plat is what will be built. The pedestrian friendly form and water feature will serve as an amenity for residents as well as commercial visitors. Staff was in support of recommendation. Commissioner Henke verified with staff that 4 story multi -family buildings were allowed. Commissioner Voss questioned if water features and open space in the parking on the site were to be included in the 20% open space calculation. Staff confirmed that they were. The land in the parking area is nearly half an acre, therefore it is usable open space. In addition, the water features will be developed amenities. Commissioner Ussery asked about the number of rooms in the proposed hotel. Mr. Altobelli responded that is would most likely be based on parking requirements verses land available. Sean Terry, 1800 Valleyview Lane Farmers Branch, TX was in attendance to present as the applicant and vice president of Centurion American. Centurion American is in the process of remodeling the Collin Creek Mall and is the owner of the Statler Hotel in Dallas. Mr. Terry presented the project as a mixed -use development with amenities throughout where a resident can live, work, and play. He verified that the hotel size would be based on land availability. The project would also take its neighbors into consideration by creating a cohesive design, matching adjacent trees and topography. Centurion American also owns restaurants and entertainment brands that it would intend to bring to the development. The full development would include 904 lots and approximately 400 multifamily units, amenity center, hike & bike trail, and HOA. He stated that multifamily units would be high end and a place to start for individuals who might eventually transition into a single-family product. Commissioner Barton asked a few questions pertaining to the water features on the property. He inquired if the applicant had already completed similar water features, if the fountain would be floating, what type of vegetation would be surrounding the features, and would run off from parking lots end up in the pond. Marc Paquette, the engineer for the project, was available to respond to these inquiries. He confirmed that engineers will design and maintain water features and look at fluctuation to make sure citizens see a nice pond consistently. In addition, water features will provide storm water drainage and will utilize floating fountains. Commissioner Henke asked if there was a possibility the development would end up with townhomes instead of apartments. Mr. Altobelli answered no, the townhome portion was in the ETJ portion of the property. It would have the same standards as adjacent property and the applicant stated the intention to annex the property. Commissioner Ussery and Commissioner Barton clarified with the applicant that the parking garage would be interior, a useful safety feature, and would be open. Page 2 of 10 There was one citizen comment from Facebook Live; the comment was read by Chairman Tutson. Kelly Herndon -Patterson asked if the project would be similar to the Shops at Legacy. Mr. Terry responded that it would not but will nevertheless be a good quality product. Commissioner Moody asked if the commercial product would be built before the residence portion. Mr. Terry responded that commercial would not be in the initial phase but would be in the first phase of the multifamily construction. Mr. Altobelli elaborated that in order to build greater than 275 multifamily units the developers must pull a building permit for a commercial site of at least 5,000 sq. feet Mr. Terry mentioned that Centurion American also owns a restaurant that they would intend to build on the property when the time came. Commissioner Ussery asked when the project would begin construction. Mr. Terry responded that the market will drive development, but Centurion American does not intend to sit on land. Commissioner Ussery noted that he hoped to see commercial and residential be built together. The public hearing closed at 7:47 p.m. B) Consider/Discuss/Action on a recommendation regarding the request to rezone 34.3± acres from Single -Family Residential - Large Lot (SF-E) to Planned Development -General Business District. (PD-C-2) with modified development standards. Mr. Altobelli gave a brief presentation and answered questions from the Commission. The rezone meets city standards and a concept plan was provided showing open space and water features. The rezone was recommended for approval by staff. Commissioner Henke confirmed that the digital signage was not being voted on. Commissioner Voss, Commissioner Henke, and Commissioner Ussery agreed that they were glad to not be voting on the signage and to have additional avenues to discuss it more. A motion was made by Commissioner Henke, seconded by Commissioner Ussery to recommend approval of the zoning change with the understanding that the sign request was not in consideration. The vote was unanimous. C) Consider/Discuss/Action on a recommendation regarding the Concept Plan, Sherley Commercial, Block A, Lots 1-3, Block B, Lots 1-2, and Block C, Lot 1,associated with the rezoning request. This item was unintentionally skipped but was then voted on following item 5B. The concept plan was recommended for approval by staff. A motion was made by Chairman Tutson, seconded by Commissioner Ussery to recommend approval of the concept plan. The vote was unanimous. Page 3 of 10 5. A) Conduct a public hearing to consider public comments to rezone 65.0± acres located on the south side of West White Street 1,293± feet west of Oak Hollow Lane from Planned Development- 129A-2004 and Planned Development-667-2014 to one Planned Development and to amend existing planned development standards. The public hearing opened at 8:00 p.m. Mr. Altobelli gave a brief presentation and answered questions from the Commission. The applicant is proposing multiple -family residences, single-family residences, and restricted commercial. The land already has an existing zoning of commercial, agriculture, multiple -family, single-family, and townhomes. The proposed zoning meets several of the City's strategic plan principles such as diverse housing choices, safe, well -designed, well -maintained multi -family, attractive commercial centers, and providing places to work. The area is currently designated on the Future Land Use map as commercial, parks, and single family. The new zoning is very similar to the existing keeping the same density of 18 units per acre. The new stipulations include allowance of four-story multi- family buildings with a maximum height of 65 ft, and a distancing of 250 feet from proposed single- family and approximately 520 feet the existing adjacent Oak Hollow subdivision is away. Commercial product will be one story and residential will be the same as product to the south. A comparison map was provided of the existing and proposed zoning. David Kalhoefer, 1100 Frisco Street, Frisco, TX applicant for the rezone request, was available to present. He described the land as two tracts totaling 65 acres, purchased and zoned in 2014. He had been working with staff to create a superior design, zoning and better spacing with the intent of keeping multifamily distanced from single-family and to be sensitive to neighbors. Due to the slope and the way the buildings have been set up, four -stories would equate to a three- story product. A 15ft strip for hike and bike trail will be included. The previous planned development did not have this. The commercial element has been down zoned from C-2 to C-1 and omits a few uses. The commercial area will be one-story office buildings and restaurant pads will have a prominent view of the creek to enjoy from patio seating. Flexibility has been given with screening to allow for pedestrian walkways and open space. Single-family lots will be comparable to surrounding development. Connectivity will be provided to White St. and the restaurant and retail components. Mr. Kalhoefer spoke with a concerned resident in person and was able to inform them that multi- family was already allowed, but the rezoning would allow for revision and down zoning of the C-2 district. Commissioner Barton commented that concept plans can be altered from the shown office spaces and there are a lot of commercial uses he wouldn't want to be in the proposed area. The residents purchased their homes with the expectation that there would be residences next to their home. Commissioner Barton further stated that he though 0-1 zoning would be more appropriate with the added allowance of a daycare. He further stressed concern over the allowed uses of C-1 zoning. Mr. Collins, the property owner, responded that there was to be a 30-35 feet landscape buffer between any commercial and residential product. Page 4 of 10 Commissioner Barton responded that he understood, but zoning would remain for years and future developments may have different ideas for the site that would not best for the surrounding neighbors. Don Collins asked Mr. Altobelli if he could provide examples of what could be restricted from C-1 to address the commissioner's concern. The proposed zoning is adding daycare, prohibiting quick oil change, hotel, boarding house, and it is restricted to one story or 35 feet Trash will be screened. He mentioned that what was presented was a conceptional plan and concerns could be taken into consideration during the next step. Mr. Altobelli confirmed that screening wall is required with a minimum of 6ft. Commissioner Ussery stated that Oak Hollow residences would like to keep the tree line and that might help to appease some opposition. Mr. Collins responded that to give up the treed area in question wouldn't allow for the needed area for the single-family backyards. Mr. Kalhoefer added that they were going to use their best judgement, but engineering may necessitate the removal of trees. However, they may end up requiring the builder to put trees in front and back of the lots. Mr. Altobelli commented that the city has tree requirements and with the existing zoning lots could have no trees and no masonry walls. We don't want a dual fence, so we'd create a unified fence and existing regulations protect from clear cutting. They can take them down but need to replace them. He noted his understanding of the concerns, but added that its private property than can be developed. Commissioner Barton inquired about a strip of land to the north of the development. Mr. Collins responded that it was old TX right-of-way from the widening of FM 455. Mr. Collins added it was willing to look at zoning uses and additional restrictions with the commission. Commissioner Voss voiced her concerns as well, on the possible uses of the commercial district and the lighting that would be a result of that. Mr. Collins responded he did not want anyone's yards to be affected by lighting and intended to follow the City's light regulations. Mr. Altobelli elaborated that the City has regulations to ensure safety and security. Lighting will be looked at during site plan and light plan process. Commissioner Ussery asked how long it would be to develop the property. He didn't want the property to just sit. Mr. Collins responded that he doesn't like to market a property until it is ready. He wanted to get zoning in place first. Commissioner Ussery added that citizens are concerned about low income housing and asked if Mr. Collins could describe the house product. Page 5 of 10 Mr. Collins responded that homes would be starting in the high 200,000s. Commissioner Henke said that the zoning change looked like a big improvement and voiced his support. Chairman Tutson stated that there is a big difference between public housing and affordable housing. Multifamily units will support medical staff and recent college graduates. Anna is starting to be a place where people can grow up and raise a family and we need affordable housing for this. $84,000 a year or less is considered low income and this includes city staff, medical staff, first responders, and educators. People should be able to afford where they live. There were nine citizen responses in the packet and one additional response read into record. Melanie Merriman, 2014 Hickory Trail, submitted a comment in opposition of the rezoning for apartments. Norma Wong & Thierry Sueur, 1102 Cottonwood Trail, submitted a letter and photo in opposition of the rezoning with preference for land conservation. Nanelle Serio, 1116 Cottonwood Trail, submitted a letter in opposition of the rezoning for residential uses. Bret Wilkinson, address not provided, submitted a comment in opposition of the rezoning for multi -family. Jayme Douglas, 906 Cottonwood Trail, submitted a letter in opposition of the rezoning for low-income housing apartments with preference of protection of the tree -line behind the Cottonwood Trail residences. Garry Wells, 1210 Cottonwood Trail, submitted a letter in opposition of the rezoning for apartments. Nickolas Colvin, address not provided, submitted a comment in opposition of the rezoning for apartments or townhomes. Steve and Isabel Ortiz, 914 Cottonwood Trail, submitted a letter in opposition of the rezoning. Katie Moore, 1214 Cottonwood Trail, submitted a letter in opposition of the rezoning out of concern for increased crime and conservation of trees. Nanelle Serio submitted an addendum to her previous response; the addendum was read into record by Ms. Mecke. Mrs. Serio wanted to clarify her concern of privacy for the existing residences along Cottonwood Trail with preference of the tree -line. The public hearing closed at 9:12 p.m. B) Consider/Discuss/Action on a recommendation regarding the request to rezone 65.0± acres from Planned Development- 1 29A-2004 and Planned Development-667-2014 to one Planned Development amending existing planned development standards. Page 6 of 10 The rezone was recommend for approval by staff. A motion was made by Commissioner Henke seconded by Commissioner Moody to recommend approval of the rezoning request. The vote failed 3 to 3 with Commissioner Barton, Commissioner Voss, and Commissioner Ussery voting no. Mr. Kalhoefer asked the commission if the rezone request could instead be tabled. Mr. McCoy responded that the commission would need to rescind the previous motion. A motion was by Commissioner Henke to resend his previous motion. The vote was unanimous. Chairman Tutson asked that all concerns and comments regarding the zoning change be sent to Mr. Altobelli within three days. Commissioner Barton confirmed with Mr. Collins that June 1st would be a good time to revisit the zoning change. A motion was made by Commissioner Henke seconded by Commissioner Ussery to continue the public hearing and hold it open until the June 1 st, 2020 Planning and Zoning Commission Meeting at 7 p.m. to be held at Anna City Hall or virtually on video conference. The vote was unanimous. C) Consider/Discuss/Action on a recommendation regarding the Concept Plan, The Villages at Waters Creek, associated with the rezoning request. This item was not voted on due to the tabling of the public hearing and zoning request until June 1st, 2020 Planning and Zoning Commission Meeting. 6. A) Conduct a public hearing to consider public comments on a residential replat for Turbyfill Addition, Block 1, Lot 1. The purpose for the replat is to modify the property boundaries in order to create two lots. Single -Family dwelling detached on one lot located within the extraterritorial jurisdiction. Mr. McCoy, City Attorney, left the meeting at 9:29 p.m. The public hearing opened at 9:31 p.m. Mr. Altobelli gave a brief presentation and answered questions from the Commission. The purpose of this replat is to divide one lot into two lots. Notification for the replat and public hearing was sent to one individual. The plat was recommended for approval by staff. Commissioner Barton stated that this was to create three lots. One lot would remain and the other would be split. There were no citizen comments. The public hearing closed at 9:32 pm. B) Consider/Discuss/Action on a recommendation regarding the Turbyfill Addition, Block 1, Lots 1 R & 3, Replat. Page 7 of 10 The replat was recommended for approval by staff. A motion was made by Commissioner Barton seconded by Commissioner Voss to recommend approval of the replat. The vote was unanimous. 7. Consider/Discuss/Action on a recommendation regarding the Guillermo & Wendy Lopez Development Plat. Mr. Altobelli gave a brief presentation and answered questions from the Commission. The applicant is in the ETJ and is proposing to build a home. The plat was recommended for approval by staff. Commissioner Barton questioned the frontage width of a southern lot and its ability to meet city standards. Mr. Altobelli clarified that these lots were sold via metes and bounds so they do not meet the 40 ft frontage requirement. However, as they are located in the ETJ they are meeting the intent of the rule to allow for emergency access. A 30 feet drive can allow for sufficient access. A motion was made by Commissioner Barton seconded by Commissioner Moody to recommend approval of the development plat. The vote was unanimous. 8. Consider/Discuss/Action on a recommendation regarding the Huth Addition, Block A, Lot 1, Minor Plat. Mr. Altobelli gave a brief presentation and answered questions from the Commission. This is a plat for a single-family dwelling in the ETJ. It was recommended for approval by staff. Ms. Mecke clarified for the Commission that this was not a development plat so there is not a house shown. It was not subdivided in accordance with the Subdivision Regulations therefore the current owner must do a minor plat to pull a building permit with the County. A motion was made by Commissioner Barton seconded by Commissioner Henke to recommend approval of the minor plat. The vote was unanimous. 9. Consider/Discuss/Action on a recommendation regarding the Park Place at Anna Phase 2, Final Plat. Mr. Altobelli gave a brief presentation and answered questions from the Commission. This is a SF- 72 Single -Family subdivision. It was recommended for approval by staff. In addition, the civils for the project had already been approved. A motion was made by Chairman Tutson seconded by Commissioner Barton to recommend approval of the final plat. The vote was unanimous. Page 8 of 10 10. Consider/Discuss/Action on a recommendation regarding The Villages of Hurricane Creek, Phase 1, Final Plat. Mr. Altobelli gave a brief presentation and answered questions from the Commission. The construction has already begun on this project, however the Final Plat never came before the Planning and Zoning Commission, this item is for the purpose of tying up loose ends. Commissioner Ussery thanked staff for its diligence. Commissioner Barton commented that the location of the future fire station looked good. A motion was made by Commissioner Barton seconded by Commissioner Voss to recommend approval of the development plat. The vote was unanimous. 11. Consider/Discuss/Action on a recommendation regarding the NBR Anna Addition, Block A, Lot 1, Final Plat. Mr. Altobelli gave a brief presentation and answered questions from the Commission. This is a concrete batch plat which meets the City's Subdivision Regulations. Commissioner Henke asked if it was located in the ETJ. Mr. Altobelli clarified that the plant was located within the city limits. Commissioner Barton asked if the plant was expanding. Mr. Altobelli responded that yes, they were expanding, and this necessitated zoning , a site plan, and a final plat. A motion was made by Commissioner Henke seconded by Commissioner Barton to recommend approval of the final plat. The vote was unanimous. 12. Consider/Discuss/Action on a recommendation regarding the NBR Anna Addition, Block A, Lot 1, Site Plan. Mr. Altobelli gave a brief presentation and answered questions from the Commission. The plan showed improvements including concrete paving, fire land, and parking striping. It was recommended for approval by staff. Commissioner Ussery recalled that they were to concrete areas where trucks drive to lessen dust. This was a complaint from surrounding property owners at the previous zoning case. A motion was made by Chairman Tutson seconded by Commissioner Barton recommend approval of the site plan. The vote was unanimous. 13. Consider action to approve minutes of the March 2, 2020 Planning and Zoning meeting. Commissioners thanked staff for detailed minutes. Page 9 of 10 A motion was made by Commissioner Voss to approve the minutes, seconded by Commissioner Henke. The vote was unanimous. 14. Adjourn A motion was made by Commissioner Moody seconded by Commissioner Ussery adjourn the meeting. The vote was unanimous. The meeting adjourned at 9:56 p.m. Alonzo utso Planning and Zoning Commission Chairman Page 10 of 10 THE CITY OF Anna AGENDA ITEM: Item No. 5.d. City Council Agenda Staff Report Meeting Date: 6/9/2020 Consider/ Discuss/ Action on a Resolution approving the Walker Estate, Block A, Lot 1, Development Plat. (Director of Development Services Ross Altobelli) SUMMARY: Single -Family Dwelling, Detached on one lot on 6± acres located on the west side of CR 479, 2,187±feet south of CR 429. Located within the extraterritorial jurisdiction (ETJ). Strategic Connection This items supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned, Managed Growth STAFF RECOMMENDATION: Approval of a Resolution approving the Walker Estate, Block A, Lot 1, Development Plat. ATTACHMENTS: Description Locator Resolution EXHIBITA Upload Date Type 5/28/2020 Exhibit 6/3/2020 Resolution 6/3/2020 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE WALKER ADDITION BLOCK A, LOT 1, DEVELOPMENT PLAT WHEREAS, in order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Article 9.02 of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, Gary and Brenda Walker have submitted an application for the approval of the Walker Addition, Block A, Lot 1, Development Plat NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Approval of Development Plat. The City Council hereby approves the Walker Addition, Block A, Lot 1, Development Plat attached hereto as Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 9th day of June 2020. ATTEST: APPROVED: City Secretary, Carrie L. Land Mayor, Nate Pike DESCRIPTION EXHIBIT A N 59°41 '56" E 94.92' N 44°07'34" W 49. 13' N 40°39'25" W 78.88' N 14*40' 1 1 " W 65.09' N 01°42'20" E 67.36' N 38° 1 1 '58" E 81.88'O / CALLED 6.794 ACRES REYES DANIEL RODRIGUEZ / CC# 20190403000353610 I I REMAINDER OF CALLED 135.609 ACRES 2727 DEVELOPMENT 3, LP CC# 20180517000602130 I I MARK R. ROBERTS SURVEY, A-742 I /8"SRS S 89`42'53" E 765.41 ' PROPOSED FENCE Zone 'X' PROPOSED 15' x 15' STORAGE BUILDING Y Zone 'A' [ o I L ID 'SRS 100' SURVEYOR'S CERTIFICATE: 24' PROPOSED DRIVE 0J- 11SRS WALKER ESTATE DEVELOPMENT PLAT BLOCK A, LOT 1 O 6.567 ACRES �l ,o 286,072 SO. FT. ? o 421.5 PROPOSED CALLED 6.5 6 7 RESIDENCE s 210 SQ.FT. GARY G. WALKER TOTAL U/R BRENDA K. WALKER CC# 20200227000277850 I PROPOSED FENCE � o Cal 6- o nn NI REMAINDER OF CALLED 135.609 ACRES 2727 DEVELOPMENT 3, LP CC# 20180517000602130 Fs �1 H 1uE 5/8'SRS N 90°00'00" W 1543.1 1 ' The plat as shown hereon was prepared from an on -the -ground survey performed under my supervision during the month of January, 2019; the visible improvements on the ground are as shown on the survey; there are no visible intrusions, protrusions, overlapping of improvements or conflicts found except as shown on the survey plat. Development Plat OF� May 22, 2020 . Q�F . .. Te �E F�''•. 9 MATTHEW BUSBY ..................................... 5751 ;a CERTIFICATE OF APPROVAL APPROVED on this the ---- Council, City of Anna, Texas. Mayor City Secretary Matthew Busby R.P.L.S. No. 5751 day of , 20----, by the City CALLED 5.410 ACRES GUILLERMO LOPEZ WENDY LOPEZ CC# 20190131000100580 CALLED 5.065 ACRES EMILIA PACHECO ZEFERINO CRUZ LOPEZ CC# 20190422000423920 CALLED 5.113 ACRES DARLENZO RENARD HINES, SR. JONILLE ALEXANDER HINES CC# 20191028001354330 (Directional Control Line) PROPOSED FENCE N 90'00'00" E 746.22' 24' PROPOSED DRIVE PROPOSED FENCE CALLED 5.119 ACRES SEAN IRICK MILA IRICK CC# 20191108001426540 ZN STATE OF TEXAS COUNTY OF COLLIN BEING all that tract of land in Collin County, Texas, out of the Mark R. Roberts Survey, A-742, and being all of that called 6.567 acres of land described in a deed to Gary G. Walker and Brenda K. Walker as recorded under CC# 20200227000277850 of the Official Public Records of Collin County, Texas, and being further described as follows: BEGINNING at a point on the East side of County Road No. 479, at the Easterly most Northeast corner of said 6.567 acres, and at the Southeast corner of that called 5.113 acres of land described in deed to Darlenzo Renard Hines, Sr. and Jonille Alexander Hines as recorded under CC# 20191028001354330 of the Official Public Records of Collin County, Texas, from which a 518 inch steel rod set bears North 90 degrees 00 minutes 00 seconds West, 45.00 feet for witness; THENCE South 00 degrees 29 minutes 05 seconds West, 33.83 feet along the East line of said 6.567 acres to a point for corner at the Southeast corner of said 6.567 acres, from which a 518 inch steel rod set bears North 90 degrees 00 minutes 00 seconds West, 45.00 feet for witness; THENCE North 90 degrees 00 minutes 00 seconds West, 1543.11 feet to a point for corner in Sister Grove Creek, and at the Southwest corner of said 6.567 acres, from which a 518 inch steel rod set bears North 90 degrees 00 minutes 00 seconds East, 100.00 feet for witness; THENCE along the center of said Sister Grove Creek as follows: North 38 degrees 11 minutes 58 seconds East, 81.88 feet; North 01 degrees 42 minutes 20 seconds East, 67.36 feet; North 14 degrees 40 minutes 11 seconds West, 65.09 feet; North 40 degrees 39 minutes 25 seconds West, 78.88 feet; North 44 degrees 07 minutes 34 seconds West, 49.13 feet to a point at the Northwest corner of said 6.567 acres; THENCE North 59 degrees 41 minutes 56 seconds East, 94.92 feet to a 518 inch steel rod set for corner at an angle point of said 6.567 acres; THENCE South 89 degrees 42 minutes 53 seconds East, 765.41 feet to a 518 inch steel rod set at the Northeast corner of said 6.567 acres, and at the Northwest corner of said 5.113 acres; THENCE South 00 degrees 08 minutes 33 seconds West, 300.00 feet along the West line of said 5.113 acres to a 5/8 inch steel rod set at an ell corner of said 6.567 acres, and at the Southwest corner of said 5.113 acres; THENCE North 90 degrees 00 minutes 00 seconds East (Directional Control Line), 746.22 feet along the South line of said 5.113 acres to the POINT OF BEGINNING, containing 6.567 acres or 286,072 square feet of land. FLOOD DEFINITIONS - - - - - - - - F.I.R.M. 48085C0070J, dated June 2, 2009. rn N �} Zone 'X' - "Areas determined to be outside the 0.2% annual chance floodplain." o Zone 'A' - "Special flood hazard areas subject to inundation by the 1 % annual Z chance flood. No base flood elevations determined." a Q 0 Notes: 4- Easement to Grayson -Collin Electric, Vol. 1927, Pg. 603 - Blanket. Easement to Grayson -Collin Electric, Vol. 5731, Pg. 3692 - Blanket. 40' R.O.W. RESERVATION POINT OF 518'SRS l l BEGINNING ® 45.00' Note: Verify exact location of underground utilities prior to construction. 25' BUILDING LINE S 00°29'05" W Note: All 518 inch steel rods set have red plastic cap stamped "Boundary Solutions" l 33.83' Note: Bearings based on Texas State Plane Coordinate System, Texas North Central Zone 4202, NAD83. 518'SRS Center of Road ® 45.00' SCALE: I" = 100' 0' 100' 200' 300' 31•• Average width of Road pavement = 21.5' Notice: Selling a portion of this addition by metes and bounds is a violation of City Subdivision Ordinance and State Platting Statutes and is subject to fines and withholdings of utilities and building certificates. m►.m VICINITY MAP not to scale GyZ1] UL'iyxJ LEGEND SRS = STEEL ROD SET SRF = STEEL ROD FOUND WALKER ESTATE DEVELOPMENT PLAT BLOCK A, LOT 1 6.567 ACRES MARK R. ROBERTS SURVEY, A-742 COLLIN COUNTY, TEXAS 0611:19W1f1:4 Boundary Solutions 116 McKinney St. Farmersville, TX 214-499-8472 Matthew Busby OWNER: APPROVED JUNE 11 2020 P&Z COMMISSION CITY OF ANNA Gary & Brenda Waller 4204 Bent Creep Road McKinney, TX 75071 214-856-3915 APPROVED JUNE 97 2020 CITY COUNCIL CITY OF ANNA G.F.# 9001222000401 B.S.I.Job# 2002-013 THE CITY OF Anna AGENDA ITEM: Item No. 5.e. City Council Agenda Staff Report Meeting Date: 6/9/2020 Consider/Discuss/Action on a Resolution approving the Anna Ranch, Phase 1, Final Plat. (Director of Development Services Ross Altobelli) SUMMARY: 257 SF-60 Single Family Residence and 15 HOA lots on 68.0± acres located at the southeast corner of Leonard Avenue (C.R. 422) and Sharp Street. Zoned Planned Development-323- 2007. Strategic Connection This items supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned, Managed Growth STAFF RECOMMENDATION: Approve a Resolution approving the Anna Ranch, Phase 1, Final Plat. ATTACHMENTS: Description Upload Date Type Locator 2/20/2020 Exhibit Resolution 6/3/2020 Resolution EXHI B I T A 6/3/2020 Exhibit E FINLEY-BLVD fi Final Plat- Anna Ranch Phase 1 CO _ ��v Jam? �� ANv CT ®i �t 0 hTFJ-F1 TIANA ST-� j CARINNA-DR HjUj J _ O UL SHARP ST A I TT 01 THE CITY OF N Anifta Proposed Site 161MtEr City Limits �... Parcels ETJ 0 250 500 1,000 Feet February 2020 ctive Zoning & Development Projects\2-05-2020\Anna Ranch Phase 1\Agenda Map. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ANNA RANCH PHASE 1, FINAL PLAT. WHEREAS, in order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Article 9.02 of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, Jamie Marcoux, P.E., LJA Engineering, has submitted an application for the approval of the Anna Ranch Phase 1, Final Plat; WHEREAS, The Anna Ranch Phase 1, Final Plat generally conforms to the of Anna Ranch Phase 1, Preliminary Plat; WHEREAS, The Anna Ranch Phase 1, Final Plat conforms to the existing zoning; 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 of Final Plat The City Council hereby approves the Anna Ranch Phase 1, Final Plat attached hereto as Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 9th day of June 2020. ATTEST: APPROVED: City Secretary, Carrie L. Land Mayor, Nate Pike O N O N N 3 I 0 a O N O O Y U w U g a O M N r w C0 0 0 N 0 N O 0 0 z g I X z vi 75 75 ANNA I11.z.» MELISSA SUBJECT PROPERT VOCOWTY MAP NOT TO SCALE LOT 1 BLOCK 1 LINE BEARING DISTANCE LINE BEARING DISTANCE L1 N35°27'23"W 127.76' L48 S82°57'06"E 57.74' L2 N85°49'43"W 18.21' L49 S81°18'06"E 57.74' L3 N84° 12' 16"W 58.47' L50 S79°39'06"E 57.74' L4 N82°22'22"W 58.46' L51 S78°00'06"E 57.74' L5 I N80°17'09"W 58.46 L52 S76°21'34"E 57.00' L6 N78°11'56"W 58.46' L53 S74°59'21"E 64.29' L7 N76°06'42"W 58.46' L54 S73°33'23"E 70.00' L8 N74°06'47"W 57.51' L55 S75°09'45"E 89.19' L9 N75°21'13"W 128.18' L56 S89°29'43"E 78.42' L10 N74°17'22"W 62.43' L57 N00°30'17"E 87.50' L11 N75°45'19"W 62.43' L58 S89°30'20"E 67.50' L12 N77° 13' 17"W 62.43' L59 S89° 10'59"E 56.89' L13 N78°41'14"W 62.43' L60 S87°25'32"E 58.23' L14 N80°09'12"W 62.43' L61 S85°23'30"E 63.52' L15 N81 °37' 10"W 62.43' L62 S83° 16' 1 1 "E 63.52' L16 N83°05'07"W 62.43' L63 S81°06'47"E 65.58' L17 N84°33'05"W 62.43' L64 S79°02'41 "E 58.23' L18 N86°01'02"W 62.43' L65 S77°05'15"E 58.94' L19 N87°29'00"W 62.43' L66 S74°33'11"E 65.48' L20 N80°07'02"W 63.30' L67 S89°30'20"E 67.50' L21 S84°18'25"W 113.49' L68 S88°45'31"E 63.28' L22 S39°05'24"W 119.81' L69 S86°22'16"E 58.93' L23 N89°30'20"W 70.00' L70 S84°00'06"E 58.93' L24 S07°22'01 "W 103.72' L71 S81 °37'56"E 58.93' L25 NO3°57'01 "E 36.9 5' L72 S79° 15'46"E 58.93' L26 N11°57'13"E 46.59' L73 S76°53'36"E 58.93' L27 S38°46'33"E 19.38' L74 S74°36'36"E 54.65' L28 S88°28'45"E 15.71' L75 S73°33'23"E 9.88' L29 S76°27'30"W 41.23' L76 N89°29'41 "W 72.50' L30 S45°29'40"W 28.28' L77 N86°26'08"W 68.88' L31 S89°30'20"E 67.50' L78 N81°04'34"W 68.88' L32 S89°21'30"E 56.52' L79 N75°45'36"W 67.99' L33 S87°04'27"E 60.01' L80 N73°33'23"W 55.00' L34 S84°02'39"E 60.01' L81 N89°29'43"W 77.50' L35 S81'00'51"E 60.01' L82 N87°02'17"W 66.12' L36 S77°59'04"E 60.01' L83 N83°23'05"W 66.12' L37 S74°57'40"E 59.83' L84 N79°41'17"W 66.12' L38 S73°33'18"E 52.69' L85 N76°08'45"W 60.61' L39 N44°30'20"W 28.28' L86 N73°34'11"W 44.83' L40 N45°29'40"E 28.28' L87 N74°07'12"W 11.65' L41 N75°28'09"W 41.23' L88 N89°29'43"W 70.12' L42 N44°30'20"W 28.28' L89 N88°06'34"W 59.45' L43 S89°30'20"E 67.50' L90 N83°59'36"W 65.24' L44 S89°19'09"E 57.01' L91 N80°46'53"W 65.15' L45 S87°54'05"E 57.74' L92 N76° 1 O' 10"W 59.69' L46 S86°15'14"E 57.55' L93 N73°33'23"W 14.33' L47 I S84°36' 15"E 1 57.92' ANNA ELEMENTARY NO. 3 C.C.# 2018-253 P.R.C.C.T. LOT 1 BLOCK 1 E RD AV �Z�9p I 15' SANITARY SEWER EASEMENT L"I '� LOT 18 LOT 17 LOT 16 LOT 15 LOT 14 LOT 13 LOT 12 LOT 11 ANNA CROSSING PHASE 2 LOT 6 LOT 5 LOT 4 LOT 3 LOT 2 LOT 1 -j F, LA PALOMA SUBDIVISION A 0 2 C.C.# 20150422000453060 HOA TRACT 1 o ^ °20 �Q RG��. O.P.R.C.C.T. C C.C.# 2018-884 O I- P. .C.C.T. L a LOT 15 L28 VOL. C, PG. 418 p 8.5'wME N89°35'32" 188 .06' 8.5' ME 30.53' 1/2"IRF M.R.C.C.T. LOT 7 135.96' 104.07' t5o�� - - fs9-2' 5�i- -55:01` -55�1' �5$1' -5-5 1' �5$1' 5-5.fri 5-7.48 -57- �8fi4' �8 S9- �8 72- ��1s 5� 61D-1 449.19' 5'WME ^ " 10' E �j M - - 9513 SF POINT OF 60 BLOCK A BLOCK A- - �- - - - - " z---�----------------------� -2� - W W W W W W W W W W bb , y 50, I� BEGINNING 15,474 SF °�'' " w= w= w: w= w= " " " " !`' W 35' DRAINAGE EASEMENT h 129.31 25' 0 1/2"IRF N �L" O N NO O) V1O i7 NO N N0 00 N0 �`0 N �`O o0 �`rn cD w'n ww W W 'WME o , ,� n N ? rn N o rn a0 co '� � , '� N '" n N 00 N N i0 w W N ,� u7 �= '�^ C.C.# 20171213001 645390 z N89°29 43' W 25' g 0,^ co- _ co LO 0 v, rn ti �t N w N ;� N w, ti -- , -� NS U+ "a, �10�"a, N11wrn N12Mrn Ni13grn �14rorn �15°'0' �O16c^N°' ^17�c� 0018M-- 19"'� co20NM N ti� M v N N O.P.R.C.C.T. 15.11' 1X w 3S 8 tO`t�', SON M NN M ^;N M r, M MN M vN ^N N M M w^-- ^ u)21c0crn, °' ' rn^ V' ABANDONED UPON RECORDING OF THIS Ntl „ 3, ^e ^e ^° r,e 'ne n. 00• o;`� no 0)c� '�^ ( N89°29'43 BLOCK B J Z o o o o o o no n0 n- nM 00 M• 'n 'n22gW- nN 00 N89°29'43 W Lr,6 O o w co ^ ° (O ` ) `� HOA LOT AND �•, Z Z Z Z Z Z Z Z Z Z ^ N° rn° n o M N w Q >>, /1, / 30 1Sti 10'UE 25'BL z z wz 0,Z 23 Z ^ 24 rn PLAT, REFERENCE DOCUMENT 2X 8639' S�� J 4�8� 1 ^.2 ^ 27 5'wME. DRAINAGE EASEMENT g1 ^ 55.00' 5s.00' Ss.00' Ss00' 5�01Y 5-.W 5.00" 4528' 4 37' --5 3 25'B� BLOCK A 24.06' ,8400 '� (0.265 ACRES) N x o a M 0 12,20� $F C19 N -54 3 $ i p,UE HOA LOT AND Lq L N89°29'43' 26.9� SF /�' Ln - INDIANOLA TRAIL 4 1X DRAINAGE &DETENTION EASEMENT a 10.13 „ ^ w o a 0° - - o - �_ _ 54�7, 120.14' I N89°29 43 W 'WME LOT 8 O° x 1.85; 27 r� - S89°30'20"E 447.02' - _ 34.37 BLOCK C (2.768 ACRES) N Y 8.87' c N89°30'20 NI Ln _ C3 5'WME W 26 m ,,120.00' m N o U v 128.51' �J 2 4- �1 00- 6 08' 6�.00' 1:90= -61-06- 5-&- -64 4' - - HOA LOT " , 0" 17g (0.055 ACRES) �, 8400 SF Q 0 e o 19.97' 00 C) " `� �^ ' _ S4' BLOCK D ;� �m 8aoo SF N g 0 6 ; 171 .349 ACRES -'�4 HOA LOT N89°29'43 6 pD �I26.15 2s'BL " 1o'UE " 1,45':_ ^ _ -,� �4' '� 0.055 ACRES ' 00� 335 VALLEY TWO INC. (60% INTEREST) o, Io b SVAM O^ o^ o^ o^ o^ o^ o N 761 1 SF � ow : o v O o v O o o " ^ -w �''� g4_ o N ( ) M 120.00 ,,t - 89°29'43"W ' N89°30 20" w" oN " Ow o w - o w^ O �, o w o o ao 0 " " 64. , `� ^ 29 2 0 9300 SF �' _� 33 Nrn 32 v'31 0� .30 � �, g4 � s os � LINDO APPAREL, INC. 40% INTEREST 5'WME122. N 00 N o N o N o 29 cn N o 28'n N o 27``N o 26'n n NN w ^ co '� ;,� co , , , b 0' 3 z o 120.00' ( ) 122.96 Nam, NO N N M o 25 cn" w ^ N 2' rl0i 25 'I� U I Grp N°0 O o• N Oe N" " Ne N^ oe cN" O O 24 n N O 25' W 7255 SF I OO �M �N O �N 0 No NO �0�,ry0 �O 00N n N" �4 o.23 N '� �:' O B� �+/ -4 1O'UE ^ 5O, m 8400 $F �} C.C.# 20130218000218460 100 50 C 100 4. 0' 1o'UE roz ^ z z n z 'M.z nZ ^^�z i'.z '-N n� ^� wo N^ M 22N� wN C0 N 1 0' 3 1j6' 76. 25 25 N 'no cO ,�`n M w� Nip 0 21 v," 0 cy<v 0'UE lg 6 S7 72, 15'e� 1 g 5 O.P.R.C.C.T. pp y� 3' 40.98 - t2U�0i :ql0 5 4n I- WME NM N N Z w nz ui O ^^ °' Nd o 0 20C,,- oN h �0.0 SVAM 3 23„� 50 89°29'43"W co N89°30'20" 7,40- fit 1,D0- -61 00' 6a OD fit AD' _35 37 38 9 Z " nZ ^ N ^ ^ N, <t o 1 g �n N o 0� , 2 SO' )g f 206.3 k SVAM `V 510' �3- M 36�0 -56�0 -61�0- S OY 35�OY -L44- -L-45 - 9fi' ai z ^^ �N ^ ^ orb v� o S' 2S, Go, 32 a INDIAN LA TRAIL 120.00 f L6- 49, n o o - - 120.00' � b 5'WME BLOCK C L47- 49' �i�m° 18 , p 7204 SF m 25 25' m w w w w rt N N 1p 7 C4z w w w �,, W 148-� 53 02' 2 0�„ of pO,�0 p S89°29 43'E 185.98' 840o SF O , �` O O " twn= twn 0 ^ vwi o " Nin " vwi" w. W f c -56_S ^M 2 `n ^ \ , S M C� N N O fn O N O N O O^ o w^ W �JO l� ^ l� l 4 n ^ �� O v v o N o M. 0 �'� o cnir> , we W �5 Z0 BLOC "'' ti: o , �}'- -1�0.- O= 4 N89°30 20" O �� oa, 200� O o o" o o� 0 O" O o" O 80^ N z , loN o NN o 3^N 0 4^°' 0 5 Nrn o6orn o7orn vco g �,n o 'n" 0 N o ti� , �: W fi K C ~/N 12ory o�' i� ry w 89°29'43"W W 120.00 'n _ �0 N ^o N Oe N O:V ^N o 'D cV (D NIA c^o: N tov OlO^N o11NM O MN O NN O y^ 2 2�' W Oo M O/� 00 10'UE 25'BL M > 7200 $F O O O N O O .- N N cpe N n.- Olt•-N M �h , 47 o <O N o11 w 1� c0 Q o o O O co• ^ o N" 4W N O ^ uOj c0 a' 0 10,500 SF �w IV,;;, ti " w 'n 120.00' WME 3 0 z 10'UE 25'BL o o o 0 a co N c0!0 o 13\^ ..�N o v, () o o N z Z �z 0_ O _N M o 14n o o MN o �'"Z. / n 2 co N 10 w u0 0 'n 8 w co 0 8400 SF CO ' >_ 56' �1 00� 6 00� �sG00� -6i 00i 5.00i 5 00� 25.64'-54:28L -5 �z O ^v fOe N 15(0 0 16 `b^� o �i� io 2 ^ i° 9 N 1 3 N89°30 20" _ z �01 SVAM Nut SUNBEAM COVE434' ^ 25' N N N o o N �7(�OQ BLOC+ o N89°29 43 N 120.00 000 �8 T B o 17 2_ K 120.00' o U S4. � n ai co �0 D Z 89°29'43 W W 7200 SF o -o - , - - - - - - -54•�8, 1 p'UE ., 2 °� Cu '� _ _LSD WME w 2 zoo r� S89°30 20' E 466.24' - - 44 Q I mN cn 5 ' 4i' 10 0' m 2 1 v "v' o n 0 44 S6 .-62 �L5B O 7 O 9? o m 400 3F cS N89°30'20"V�/ _ �50- 60.GO' M.$0 M.GG 60.00' §5-G0' 5.$0' 74' a8 - 8 62 S AM o c0 o M vi8400 SF 120.00' w O �� Ld-�5"A' - n, T' i.> N (0 Ill*nro;v o2 o0io 04 (0^ W 6533� N89°29'43" a N 2 60'j14.14'80 0 SF Y 25'BL 10'UE�"'i " �'� 22.98'" -td �8-04'_ �8�p ` _ 26 1 nN,N O 3, d O cv w U „ g c� w o 0 0 0 0 , -w, 4 0, m rj cn 89°29'43 W 1 0 w o 0 ^ 0 ^ M ^ i� , '� " N 91 ' C, cV s p l , o N, o m cocn i� 0 120.00 oUE o v $ cn� 0 Nv 0 N� o Nv o N o �� o w� 0 24 N N o, 'n ti �Br04' ut \ �� 5S \ ^M cn� co4- 1 rnw 10,980 $F ,nm O N^ o cn" O ,� w_ 0 LO^ �W ` SVAM 1M J 120.00' m 15'BLi 31 ON o300crnN o290N o28oN o270N o26orn 025 rn y,N �23N� �-22w:' cNn u, rnn rn, 2504' B(Ox ^ N� �N�' et o0 5" Y j 9300 SF 0 N o N o o" cn o eh N M 1� BL " 2.07 C �`0, U 6 °' o - JI t0.i36 - N p e N p e N O e N o e N O e N O e N^ N 0 0" 21 00 v w N �1.�' I� N o' 4 in O t O O N c^o v N o n �20 i1 N ti N Mw 1 UE, \ 10 % -VT o'UE 25'BL '7 o rn 9 ao 0 n o cOp 0 to O n O 0 0 cOo O^ O^ p ^ c`c'o v �t N' �" M c�" N p c0 O�t+, w 1o'UE Z z z Z z Z Z n no nZ '-r'�"� N'w19 co o� 0 0 0 0 03' SVo OSS AC S 3 21-18' ' �. ' Z �_ 'WME J N _15'BL ao n GOULD WAY L SVAM WME o mz ^ mz vino °'';o ^coo o "� o,o N 180 0 �^� 4 v0 3. 3' _ 12 - - v 6�.50' -60 -=- 5_0 -55_0W- -6GXW- 5_00= -55_OO' 5.22' d O' Z z m co.- •-,� , N 17 M o ^ ' 0 2 - 1-201�(iL SVIAM-t2>�01� - , „ , o � 2-5 ' 8.5 NN MN cYi z `° ^ `^" v `" on 16 cO U M' S3,�j, 3 E 23�g _ S 7i2P` ' S89°30 20 E 215.00 cWn � 5T - -6(�00Y 5�0� -55�oY -60 00'- 6-0- 6-9.60 -L59 -L6� -L61 - - - - 5 5 rr z M No �u� =� 0g'Og'=BEAMCVE 154.47' cn ,,, BLOCK E 5'WME,,� ,,, w" W 2- _ B C x� " Ai v,;o , Iv S89°29 43 E 299.47 w 5' \ 3S _ cn _ 145.00 J w w W W W W V) W ,' 2 O Q ^ ^ ' C6 - -� - O , „ , 08' - m N o 0 ti 0 . v, o ^ 'n o ^ cn o ^ cn 0 ^ cn O ^ N o _ w ^ O " W L �, h rn; �57, ' Sv1AM Ln �o �o vo �o vo �o8w o wo^ w" �4-� LOKE ov> 17 co o ��, v, 10'uE 15'BL I"(ON g 1 N o02 0� 0 300� 0 400 0 50cn 0o a, 0 orn 0" c`°o,0 0 9M'n O NO o No, , !u �5� m e N o16 o n ^ W-66-��6677 - 6O' 1 1 N N O co N co (N O N N 0 N 6 N O ]N N O n M M O M M 0 1 o v 0 0 1 1 N O N , 4 W �� O 4 /M _� N a c� o v,: O O , W_ 5& 9T �230" 2 08 - 1 4.14 �+ oo • cN n N co • N co e N n e N n N n e N N n. rr o i� 0 12 ^ o ti" W Q, 3g' co • 15 c0 0 M o " " 15' B L " M 8436 SF 00 0 o o o o o o �,,� co „,� N M N `t �h o 013 rt o ``^ 0 2 ^ <0 c0 N o N o co O ^ 25'BL ' ao 10' 9300 9300 SF a? N89°30'20" I o o O O o 0 0 ^• N o "'" o "' o B3 c0 rn^ oo i� "I? 10'U� 25'B L z N o 0 0 ^ M� 14 d 6Z' w o -z ne c0v> p� 2 ^ coc0 N 14O1M o 'n- w� w ow n 13 _z 0 0, 75' N o �,� O v �1 SS co ^ N 13 d o N" O M to ^ 0 N Q 120.00' 0 1 7 50i 6$ 00' Ss.@0 5{s 00' 6'�.00 �0.00' �0 0� - o N ro ,� d �0' 2 LO ^ n 0 12 n o 11,00 0 010 7 W m N -4 15 -59 08' -59 08z �z 25'BL �o� N o 15 N N 53 ,L� BL O n Z ^ N i0 N �n N v M N 0 w 89°29'43 W Z p 10 'cn SVAM O - - - - - - - - 6? �4. ' 1 o'U� ^ m ^ l M v, ^ Oa' �( F nz ^ o n 0 00 o 120.00' b 7200sF N . cn STAFFORDS POINT LANE �' ^ W WME N89°30'20 ' - 82' \ 2 28 ' co N rn co 00 �',� W Sv \"3b L7� - L7-7 z 61.&1'z - L-7 0 ^ 8400 SF S89°30 20' E 466.249 - _ C7 g4 1 rn " 4 n , ' a 120.00'w , _1' '� ^� 0 2oco o �� , o, 4, '$1 o 'n 12 O o "30= -55�0- 37 18- 35�0- �5 00= 35 35�0' 4 5fr ^ „ ON ro o,; 4^ W ro� �7�1 36�5 -7�5T' rn M „ n p 9 �- 4.41 1 5' ��65_ _ - �^ SVAM �v 0 N 0 30� o v,°� o- w i0 5'WM N N89°29'43 W 7200 SF' " - eJ " -e' - �`' " 6S' cn 02 o N coN 4 N v,-- cv w �,, BLOCK F .. Z 0g. 25'BL " 10 UE" " w: , - /v O _ 34. O, n" O,� N N89°30'20 w o " w o ^ ,� o ^ ,, o ^ o - o ^ o ^ cn 14' S8' 2 .25, \= coc0 N d o, M N oM ,y �t ^ ,� i� , w r . w w 120.00' N 0 .� 'n o N o N 0 0 �` O w O w O" w w e} , �(�, ` 1 \ems 1k W;n O �" W N O N^ O N 0 cn cn -t v v v o cn n S8 02 BL s rn 5 M �t " g� o )0, � p CURVE CENTRAL ANGLE RADIUS CHORD BEARING CHORD LENGTH ARC LENGTH C1 7°46'29" 250.00' S03°28'47"W 33.90' 33.92' C2 6°51'44" 250.00' S03°56'09"W 29.92' 29.94' C3 15°56'57" 2150.00' S81 °31'51 "E 596.55' 598.49' C4 15°56'20" 300.00' S81°31'33"E 83.19' 83.46' C5 15°56'57" 1860.00' S81 °31'51 "E 516.09' 517.76' C6 15°56'20" 590.00' S81°31'33"E 163.60' 164.13' C7 15°56'57" 1570.00' S81 °31'51 "E 435.62' 437.03' C8 15°56'20" 880.00' S81°31'33"E 244.01' 244.80' C9 15°56'57" 1280.00' S81°31'51"E 355.16' 356.31' C10 15°56'20" 1170.00' S81°31'33"E 324.43' 325.48' C11 15°56'57" 990.00, S81°31'51"E 274.69' 275.58' C12 15°56'20" 1460.00' S81°31'33"E 404.84' 406.15' C13 7°08'40" 800.00' N07°31'21 "E 99.69' 99.76' C14 8°26'57" 800.00' N08°10'30"E 117.87' 117.97' C15 10*24'42" 800.00' N17°36'19"E 145.17' 145.37' C16 6°22'03" 400.00' N19°37'39"E 44.43' 44.45' C17 11*27'33" 500.00' N06°13'27"E 99.83' 100.00' C 18 25°00' 17" 50.00' NO 1 °29' 14"W 21.65' 21.82' C19 25°50'31" 50.00' S76°35'04"E 22.36' 22.55' C20 130° 19'33" 50.00' N51 ° 10'24"E 90.75' 1 13.73' W " O O O O N, 0 cn" O N^ N w M, / co O 0 8400 SF Y O 120.00' 01 $ 0 29 rn 280 a, 27N o� 26 a, 25 0� 24 rn rn w "? 21 ^ N 20 v N N cp w %,� 25'BL , l OCK SVAM ^ N N rn �t o 6 m `n m7 0 c°0 0 O_ U Q O O N o o N O co N o O O O O O O 230 O 2Zco p'n N to N v, �3 �a� K \ .� co� N M M O . O $ N M 0 0 9 $ O O N fDO °jO N coO N �O coO coO ^ _O Nn, On N O^19rM ocol$ O , �O�W $ L 2 i0' ^�co rn0 O C1,01 n ^ J Z p pp� N oe N oe N �e n o• N^" UE, %, OT Or z o rnv rn N. N �e I 89°29'43 W o LO 6600 SIF Jri °° 0 00 00 `0o wo m0 coo Morn ^co o, M ,-c0 co Nn , n ``� N ^ o CO) , 1, N 6 AC S7 04.5 3 UE wo0 M 0 1o'UE z z z z z z z �0 0 0 00 c0 N� Nn , of o17 u� o �,d o, 26' 3°3 \1' D7 0 25'BL o 110 " In N89°30'20' 'WME z ooz 0 NO w rorn ^ ,0 016 � 0 4 `� �/ , �2 323' f �1.96 � L I O 5'WME `'I ^ 5D'- 55_11 �7 S5.A 55^00' 55-GO' 55.D0' ctON oO � of z ` � o w ^ N ^ 0 0 � rr rn �9� 23-- _ 1� -�9 �OsL 92.50' o 1200 S � WME S 09' AFF N 8400 SF 120.00 0 5� 9_ 0�� z co ^ n n � 0, g. ST J o pp w o0 6? - �3?J4' 66. 55.00' 60.00' -60�0- -60�0- t68- t69 4 8Z 9 -7n Z cod N�rn 15 sv/AM W \§ 0� _ 0� OINT L,qN N 10 Iri ] " C -L70 z m E S89°29'43"E 154.47 6600,SF o rn w BLOCK J 5'WME w w L., w w BLOCK J Z7► cn 4� ro 4 M ^ �� C8 `o co- - - o I 'X N89°30 20 "W N I w ^ w w w: V) ,�: ,� ^ w= w W '� W L!2 - cL' v of u' 19 `n ^ o ^ 3 $ N SVAM c0 Y , rn 04 N 0'n 0 0 N o N� 0 wow 0 N o 0 No 0 N ao o aio, " w� w �L 4 6 `S ��- c> i� N o M o aW \ �58 3g= , � I �N89°29'43"W U 120.00 N n " 0 0 0^ 0 O" 0 0, o o o o o o rn, !3� �t o Q op ^. 018 39 _ w 00 O o t o rn O n rn o O O O NN ^ O O 9 co00 N O No 0 4^W 4 ^�Y�tp O cn Co. p O " W 2 " 3 rn 4orn 50rn 6o rn 7orn 8 N o !n o rn , LT c�/ co <v _�40 �W 59•3v �1�7 7 58 , 120.00' IOJ N O N cpN NN N N O O O M �^ 11 O 4 L7 �' O 2 ^ °' c0 N O '+M 00 0 ^ 25'BL: - �10'UE 8400 $F d Z 6 O Nco N N Ne N coe N ^e N ^e N ^e N00 "�N N n� OlONO No,, W OQh tf) 4N O O Om Z wO n ^O O O O O n. 04 co• N n O NM O 1] M L w 7200 SF v, rn " m h ^ ^ ti 1 „ O 0 O O O O O N co ° N cO M 0 12 N" O 4 c0 v7 16 rn ti^ rn ^ "I 9 J U) N89°3020 z io'UE 25'BL z -� O o cnoo, N nh o13N"N ov' N c° =c �' 2 L8 cn�' ^v 0O 15 ^ o �o o ,�`t ;n� ,�^ 0� N W N I Z Z _Z o "- co ^ N co O M er rn el �. '�, QO , 7 co M° N w N O 0 N^ O en" O N J rn o 120.00' 5$' �3 94� 0 b0' S;50$' 6�00' 60.00' $O.0OL 4 40' -S3 97' -5 z 2� 1 co N,� 14 ^ Iv N o? �u \L c° 2 ro N ^ o 14't co N 0 0 oM o o l lw " cep O co ^ v 0o v 13 12 0 0 89°29'43 W w N o 0 0 �, 3 9 z p'UE co `;6. gs' v `0 �^ " gip' 86 z BLO z r`t. o N M o cN 0 120.00' o I~ z 7200 SF SVAM uy U, HUNTINGTON DRIVE g 1 p 2 1 �,,� 4, CK K z n o n o $ 7200 $F ~ 00 - - - - - - - 3\2' , o, n4 ,4, 4 " 31 -L84� z z Z �' N89°30'20 0C ro - - - C9 cJ7 3,8 , cn co ocn cn cn �6 WME BLOCK�K 8 O q o o ^ I to S89°30 20"E 466.24 - 8 O1 � N 36.96 n ry Oh M d ^� -L83_ - L82- 62 03' - L81 _ I o U 120.00' , _ -1 21.25' co �'c.2 „� %� �u �4�g " O 0 89°29'43"W 3 2 4 s0 -55�8' �5.G0 -5.-G0 55.80 60.$0 1 39= ur 1 2 co N o�0 3 , o�� N u rn 4.4 5-50� 65.07 j� J U --m -ter -�32' S9.55 -59.�5' , ` cn 0.22, io c0 N ^ h N 4 in w w ' o`t cow N w 5'WME w I rn 120.00' Q p .. 6598 SF " ^ ^ " ^ w /v 0. et o O'M v� w" ^ N N89°30'20" '�' ^ 25'BL " 1o'UE : ^ ^ 1 98' �p� , \ ^w �4 0 0 Nco " c��-= cn� m op o 7200 SF o z N o x FI. ] 00 w O O O O O O^ O^ O M^ 8_ d �' 2 47 h N� 0 0 w N 'n n N M M w^ " w^ " w O ] O O co o J 1 28 cn^ 0 27 oN26 0 25 0 24 0 23 o0 22 cN 21 20 �n o0 00 ^ -� '� SVAM 1 S: p N "co N N 5 �r o0 o n o, `t v``i `t in `n o �' ^ o �' O M xY�a 120.00'm b o o o' om o' o rn o 0 0 0 0� cV ,� 19 cn cn ") 25-BL , _M 0lg' �^ ,- �� N 6�� 0 7M� 0�8 0 o goo 0010 „ ,� rn w rn w rn w rn N w o 89°29'43 W O U U rn? O N N N O N rn N v' N N N cn N o O c/1 �+ " 0 18 1 2 S z co ° N M M O Sri 6600 SF N q� N `r o° N co coo o N o N o N O N c0 O Nvl 'n rn 'l' N y m N rn 0'UE 1 T� ' U 8 1 OSV�iG1� 73° O O ro° N n O e cN O e 1 20.00' m x Fn ,N `�' z o0 0 o m o^ o o 0 0 0 ^ m o �t N" N O o Jv o' 0, I 0, 33' N c0 � 00 L 0 N n O w I 0 0 �0 0 co ,ho 0 17�^ N 16 M 0' 23�"E 03' 10'UE 25'BL J 7200 SF d N N89°30'20 '�' W 1o'UE z c0 z z co z c0 z N z M Z °� N •-co N v, h 3s Q M 9, 6O, � I o T co WME co m ^ ^ M o;z c0 Z wo o rno :t o 4p Mo3 .g1' pg, 03 6 C? o 1 , , , n , M m Z ^ M v N N" cn S r► �%, \ -6O 03i Cj 120.00'w I Al 55.38 55.II0 55.OD' S5.OII 60.00' 55.D0 -50-1-3 0_] M ,z N M 0;`�15 6s' Q M \ HUNTI �k9 7 5 OOi -6s0 cp bo ? w 3 8� 0oz a,h N N �, 1 2 NGTON 89°29'43"W 2 o q� Y I 7 Or 5538' 5500� �00' 5-00' 6�00' 5 .W 3r L33 `O ai N y r 30.95 , S _ -EVE c^'i� S89°29'43E 154.47' 7200 SF - o oU 1�13 WME W 5'WMEw w W BLOCK L -t S^37' �2 0 ,� o cO y ,8 C10 . u, o- 120.00' N89°30'20 m w: w: w^ w. ,�^ w w ,� w ,yw w w 35 3�2 N N V of !� M \.8= ry - - Q 7200 SF d " N O , N 0 N N A fn" fn' W L w w ^ (n 2O M <O O, 4! , U, SVAM 60 " '� � o o 0 0 0 0 0 ^ o " o " cn i� _ vwi- W BL - M o 4 ,� "0 \ 8F 5 120.00' O^ o w^ o O't 0 ov v 0 0v o �� 0 0 u� " �, OCK L3� z / o �,;V o 58 7� �14.14' 1 50 1 O rn 2v rn 3o rn 4 o a, 0 00 0 0 v 0 0_ 0 co• 0 co N cn" L S9' cn 4 i� , , ' „ cq N 0 co N O co N O cO N 0 5 co N 0 6 N rn 7 cp N 0 8 co 0 9 ro co O O' _ O co O O 4 4, 8� W O' a' _ ^ l 9 O M /� , W �� 7� V 8500 SF 25 25' �e N coe N we N m. 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'� rn� N rn 15 N "' o 0 cn� o N o z 25'BL r7 N cO,N o rn m o b3 ?^q' z ^ ^ -t Owl 4 M N 13 'q 12 `r? ^1 1 'n 4 -ao -5 5 55 0 5�0 0 0 -Y5� .3&' -53 7 g3 7 1p'UEM Nco14 0�0� 5934' L 3 z o '-,°�' M^ cn IN wron �i i,M Nrn 89°29'43"W N 215.00, cNn L z o %� N 4; u 9L M cn o M ^o r., C,4 ^ rn Z OC z o w N .-= J 120.00' " U, 466.24' GARDENDALE HOLLOW LANE 53, Sj 2 cn ^ K 1 z 0 1c0 0 0 w w o - N o - - - - - - - - C 1 1 S7 gj 0 ,� o cv ^~' o Sg L92 BLOCK Z O1 z zt 1 $ 7200 $F N cn S89°30'20"E 681.24' - _ _ N / _N 1 n°' N o co ^ � "W �' � � 1g�M � WME o N � 3 w 5� V L29 516.24' U' ur' SVAM 10, p4, co N 2co io o v'n� 4 to sT -LBO - - L89- 5_DO' �8 N z 89°29'43"W �, 45.00' 1 X 268 62, n, o ro ;v o 3 o i0 o c" �v , o W 38 8 65' 5�07' �6' 1 0 120.00' a BLOCK P 103 80 \ N N N 4 ^ o c`' LU ^ �' S$' 42' ne oh rn M CO w: id ,5'WME 13,�JMEJ o: 7200 SF Y o HOA LOT co cv v rt w ti LU cn a 113.49' s31111 .30' (2.096 ACRES) 1 X g0 \ �'� _ �2 ^Ni � v,t N,o 5 ^ N cv v w = r o 0 o C' i� woo " `t '� �n ^ N m � 0 � 2 0� 62.43' 62.43 BLOCK L 18' SVAM 226 8, �' 0� ^ n en �v h g ;0 w w a� Mo cn co 0 18 ' S o �t w -"' N 'n T N 9°29'43"Wm 0 00 L21 L20 2.43' 62.43' HOA LOT ix S73\ , ^ ^ N N 7 �r co ^ o 'n co °' W L19 6 3 , \ rn ^n N 8N- rn gcnM N J N L1$ L17 2.43' 62 (0.055 ACRES) BLOCK M 323"E� •�8 01 10 00 N oe M 10 f 50, 120.00' "I 'WME 'n . L 1 6 43' , HOA LOT ^ / 95' 330 �i4 , �Z p'UE o 0 00 0 1- 25' 25' `Q 8100 SF d 60' � L 15 L 14 62.43 62, (0.055 ACRES) c co 10. 0 SS• 13 o �64. 31t z 25'BL z 27. 67 J 43' �t4� ;�, �' 64,E 1L0'UE 15'BL 10' ` �� L 13 1 62. 43 N 'n n , \ , 35. 00 ' �RDENDgLE H -64: � 31` 4 t ' t2�00: - 2 0 21 og _ LOW SVAM (1 62.4�w LANE ry L23 1 1 Q 68.03, 25' 25' 0 0 co N 22 o w o23 �, o , �' S4 0�' C 12 - _ U'. o v 66.9 - 145.00' ' 17' 360.545 ACRES Lg S , ^ ^ OcV o 24` ,'o o ��B- � "� ^ ^ 0.03' 2 co i0 N o co o ^ d • 1 p'UE; W 4.-0� N S89°29'43 E 21 1.94 _ �4 e9- _ 2 66' 2 co <o N M o o CO 103, 46 - - 2�11.34' - - - HARLAN PROPERTIES INC. ACRES1X SS, �" 0 25`"co 026 c" N o 25 B ``' ^ 15' ssE C.C. 20121228001 650300 3 S N N v• 0 27`" ^ o N o o w 1 o'uE 00' 2 d N M o w �t " L RICHARD A. McMINIMY AND I # BLOCK N N7 °332 S•00' S7 z ^ c0^ ^ �o N M O 280 o N4 C01 I DETAIL A O.P.R.C.C.T. HOA LOT 3 S ^ M 2s^rn N 00 60' RIGHT-OF-WAY (0.028 ACRES) 162.66' �8 S8'46' BLOCK N `Oo Rio cN Lo.`N NI WIFE, CATHERINE F. McMINIMY so 1' z z N M o 1 410 N EASEMENT STREET t7 5g.4s' 5 z O O.P.R.C.C.T. 6 C.C.#----------- _ _ a.4s' Z z 18.21' rM, I O.P.R.C.C.T. SVAM L6 L5 58.46' 58.47' 25' L4 L3 L 16.376 ACRES TEX PROPERTIES GROUP, LLC C.C.# 20190816000999330 O.P.R.C.C.T. LEGEND ' IRF IRON ROD FOUND 0.P.R.C.C.T. OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS M.R.C.C.T. MAP RECORDS, COLLIN COUNTY, TEXAS P.R.C.C.T. PLAT RECORDS, COLLIN COUNTY, TEXAS HOA HOME OWNER'S ASSOCIATION BL BUILDING LINE UE UTILITY EASEMENT SSE SANITARY SEWER EASEMENT SVAM 25SIDEWALK, VISIBILITY, ACCESS, & MAINTENANCE EASEMENT WME WALL MAINTENANCE EASEMENT R.O.W. RIGHT-OF-WAY SF SQUARE FEET AC ACRES I o� I LO N I N 0 N I 25'BL I I � w PK NAIL I I LOT FND ~ N 1 1 O'UE I TYPICAL SVAM EASEMENT NOT TO SCALE N89029'43"W 230.49' _MATCH LINE_____ 171.349 ACRES 360.545 ACRES 3 N 335 VALLEY TWO, INC. (60% INTEREST) HARLAN PROPERTIES INC. o LINDO APPAREL, INC. (40% INTEREST) C.C.# 20121228001650300 o ^ C.C.# 20130218000218460 O.P.R.C.C.T. N O.P.R.C.C.T. 80D NAIL FIND I � 15' SANITARY SEWER EASEMENT C.C.# ---------- 0.P.R.C.C.T. / 4/\ rn N Cn r- 2X BLOCK N HOA LOT AND DRAINAGE & DETENTION EASEMENT (2.522 ACRES) 00 W M rn i� o 0 M Q z N89029'43"W 230.49' MATCH LINE 7- NOTES: 1. BEARING BASIS BEING GRID NORTH, TEXAS STATE PLANE COORDINATES, NORTH CENTRAL ZONE, NAD83 (NAD83 (2011) EPOCH 2O10), DETERMINED BY GPS OBSERVATIONS, CALCULATED FROM COLLIN CORS ARP (PID-DF8982), AND DENTON CORS ARP (PID-DF8986). 2. ALL CORNERS ARE 5/8 INCH IRON RODS WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET UNLESS OTHERWISE NOTED. 3. THE HOMEOWNERS ASSOCIATION (HOA) WILL OWN AND MAINTAIN ALL COMMON OPEN SPACE (X) LOTS. 4. ALL EASEMENTS ARE PUBLIC UNLESS OTHERWISE NOTED. WATER, SEWER, AND DRAINAGE EASEMENTS SHALL BE EXCLUSIVE OF FRANCHISE UTILITIES. 5. PROPERTY IS LOCATED IN FLOOD ZONE X AS SHOWN ON FEMA MAP NUMBER 48085CO160J, DATED JUNE 2, 2009. APPROVED JUNE 1, 2020 P&Z COMMISSION CITY OF ANNA APPROVED JUNE 9, 2020 CITY COUNCIL CITY OF ANNA A FINAL PLAT OF ANNA RANCH PHASE 1 OF LOTS 1 -28, 1 X & 2X, BLOCK A LOTS 1 -7 & 1 X, BLOCK B; LOTS 1 -33 & 1 X, BLOCK C LOTS 1-12 & 1 X, BLOCK D; LOTS 1 -31 & 1 X, BLOCK E LOTS 1-17 & 1 X, BLOCK F; LOTS 1-13, BLOCK G LOTS 1 -29 & 1 X, BLOCK J; LOTS 1 -1 9 & 1 X, BLOCK K LOTS 1 -28 & 1 X, BLOCK L; LOTS 1 -20 & 1 X, BLOCK M LOTS 21 -29, 1 X & 2X, BLOCK N, AND LOT 1 X, BLOCK P SITUATED IN THE GRANDISON STARK SURVEY, ABSTRACT NO. 798 CITY OF ANNA, COLLIN COUNTY, TEXAS 68.004 ACRES/ 257 RESIDENTIAL LOTS & 15 PRIVATE HOA/DEVELOPER OWNED AND MAINTAINED OPEN SPACES ZONED PD ORDINANCE 323-2007 OWNER/DEVELOPER: HARLAN PROPERTIES, INC. 2404 TEXAS DRIVE, SUITE 103 IRVING, TEXAS 75062 PHONE: (972) 659-0655 ENGINEER/SURVEYOR: LJA Surveying, Inc. 6060 North Central Expressway Suite 440 Dallas, Texas 75206 Phone 469.621.0710 T.B.P.L.S. Firm No. 10194465 Date: APRIL 2020 JOB NO. 0020 SHEET 1 OF 2 1 EXHIBIT A 1 OF 2 OWNER'S CERTIFICATE STATE OF TEXAS )( COUNTY OF COLLIN )( WHEREAS HARLAN PROPERTIES, INC. IS THE SOLE OWNER OF A 68.004 ACRE TRACT OF LAND SITUATED IN THE GRANDISON STARK SURVEY, ABSTRACT NO. 798, IN THE CITY OF ANNA, COLLIN COUNTY, TEXAS, AND BEING A PART OF A 360.545 ACRE TRACT OF LAND, CONVEYED TO HARLAN PROPERTIES, INC., AS RECORDED IN COUNTY CLERK'S FILE NO. 20121228001650300 OFFICIAL PUBLIC RECORDS COLLIN COUNTY TEXAS. SAID 68.004 ACRE TRACT WITH BEARING BASIS BEING GRID NORTH TEXAS STATE PLANE COORDINATES NORTH CENTRAL ZONE NAD83 (NAD83 (2011) EPOCH 2O10), DETERMINED BY GPS OBSERVATIONS, CALCULATED FROM COLLIN CORS ARP (PID-DF8982), AND DENTON CORS ARP (PID-DF8986), AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 1/2" IRON ROD FOUND FOR THE NORTHEAST CORNER OF SAID 360.545 ACRE TRACT AND THE COMMON NORTHWEST CORNER OF A 171.349 ACRE TRACT OF LAND CONVEYED TO 335 VALLEY TWO, INC. (A 60% INTEREST) AND LINDO APPAREL, INC. (A 40% INTEREST), AS RECORDED IN COUNTY CLERK'S FILE NO. 20130218000218460, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS, SAID POINT BEING ON THE SOUTH LINE OF LOT 15, BLOCK G OF ANNA CROSSING, PHASE 2, AN ADDITION TO THE CITY OF ANNA, AS RECORDED IN COUNTY CLERK'S FILE NO. 2018-884, PLAT RECORDS, COLLIN COUNTY, TEXAS, FROM WHICH A 1/2" IRON ROD FOUND FOR THE SOUTHEAST CORNER OF SAID LOT 15, BLOCK G AND THE COMMON SOUTHWEST CORNER OF LOT 7 OF LA PALOMA SUBDIVISION, AN ADDITION TO THE CITY OF ANNA, AS RECORDED IN VOLUME C, PAGE 418, MAP RECORDS, COLLIN COUNTY, TEXAS, SAID POINT ALSO BEING ON THE NORTH LINE OF SAID 171.349 ACRE TRACT, BEARS SOUTH 88 DEGREES 28 MINUTES 45 SECONDS EAST, A DISTANCE OF 15.71 FEET; THENCE, SOUTH 00 DEGREES 30 MINUTES 17 SECONDS WEST, ALONG THE EAST LINE OF SAID 360.545 ACRE TRACT AND THE COMMON WEST LINE OF SAID 171.349 ACRE TRACT, A DISTANCE OF 1965.24 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER ON SAID COMMON LINE, FROM WHICH AN 80D NAIL FOUND FOR AN EXTERIOR ELL CORNER OF SAID 360.545 ACRE TRACT AND A COMMON INTERIOR ELL CORNER OF SAID 171.349 ACRE TRACT BEARS SOUTH 00 DEGREES 30 MINUTES 17 SECONDS WEST, A DISTANCE OF 711.12 FEET; THENCE, OVER AND ACROSS SAID 360.545 ACRE TRACT, THE FOLLOWING COURSES AND DISTANCES: NORTH 89 DEGREES 29 MINUTES 43 SECONDS WEST, A DISTANCE OF 230.49 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 00 DEGREES 30 MINUTES 17 SECONDS EAST, A DISTANCE OF 192.93 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 35 DEGREES 27 MINUTES 23 SECONDS WEST, A DISTANCE OF 127.76 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 85 DEGREES 49 MINUTES 43 SECONDS WEST, A DISTANCE OF 18.21 FEET TO A 5/8' IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 84 DEGREES 12 MINUTES 16 SECONDS WEST, A DISTANCE OF 58.47 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 82 DEGREES 22 MINUTES 22 SECONDS WEST, A DISTANCE OF 58.46 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 80 DEGREES 17 MINUTES 09 SECONDS WEST, A DISTANCE OF 58.46 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 78 DEGREES 11 MINUTES 56 SECONDS WEST, A DISTANCE OF 58.46 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 76 DEGREES 06 MINUTES 42 SECONDS WEST, A DISTANCE OF 58.46 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 74 DEGREES 06 MINUTES 47 SECONDS WEST, A DISTANCE OF 57.51 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 73 DEGREES 33 MINUTES 23 SECONDS WEST, A DISTANCE OF 162.66 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 75 DEGREES 21 MINUTES 13 SECONDS WEST, A DISTANCE OF 128.18 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 74 DEGREES 17 MINUTES 22 SECONDS WEST, A DISTANCE OF 62.43 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 75 DEGREES 45 MINUTES 19 SECONDS WEST, A DISTANCE OF 62.43 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 77 DEGREES 13 MINUTES 17 SECONDS WEST, A DISTANCE OF 62.43 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 78 DEGREES 41 MINUTES 14 SECONDS WEST, A DISTANCE OF 62.43 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 80 DEGREES 09 MINUTES 12 SECONDS WEST, A DISTANCE OF 62.43 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 81 DEGREES 37 MINUTES 10 SECONDS WEST, A DISTANCE OF 62.43 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 83 DEGREES 05 MINUTES 07 SECONDS WEST, A DISTANCE OF 62.43 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 84 DEGREES 33 MINUTES 05 SECONDS WEST, A DISTANCE OF 62.43 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 86 DEGREES 01 MINUTES 02 SECONDS WEST, A DISTANCE OF 62.43 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 87 DEGREES 29 MINUTES 00 SECONDS WEST, A DISTANCE OF 62.43 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 80 DEGREES 07 MINUTES 02 SECONDS WEST, A DISTANCE OF 63.30 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 84 DEGREES 18 MINUTES 25 SECONDS WEST, A DISTANCE OF 113.49 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 39 DEGREES 05 MINUTES 24 SECONDS WEST, A DISTANCE OF 119.81 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 89 DEGREES 30 MINUTES 20 SECONDS WEST, A DISTANCE OF 70.00 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER ON THE WEST LINE OF SAID 360.545 ACRE TRACT AND THE COMMON EAST RIGHT-OF-WAY LINE OF LEONARD AVENUE (A 60' RIGHT-OF-WAY), OF ANNA ELEMENTARY NO. 3, AN ADDITION TO THE CITY OF ANNA, AS RECORDED IN COUNTY CLERK'S FILE NO. 2018-253, PLAT RECORDS, COLLIN COUNTY, TEXAS, FROM WHICH A PK NAIL FOUND FOR AN ANGLE POINT ON SAID WEST LINE, AND BEING THE SOUTHEAST CORNER OF A 2.89 ACRE TRACT OF LAND CONVEYED TO RICHARD A. McMINIMY AND WIFE, CATHERINE F. McMINIMY, AS RECORDED IN COUNTY CLERK'S FILE NO. 20070205000169410, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS, AND THE COMMON NORTHEAST CORNER OF A 16.376 ACRE TRACT OF LAND CONVEYED TO TEX PROPERTIES GROUP, LLC, AS RECORDED IN COUNTY CLERK'S FILE NO. 20190816000999330, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS, BEARS SOUTH 00 DEGREES 29 MINUTES 40 SECONDS WEST, A DISTANCE OF 330.28 FEET; THENCE, NORTH 00 DEGREES 29 MINUTES 40 SECONDS EAST, ALONG THE WEST LINE OF SAID 360.545 ACRE TRACT AND ALONG SAID COMMON EAST RIGHT-OF-WAY LINE, A DISTANCE OF 1501.93 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR THE NORTHWEST CORNER OF SAID 360.545 ACRE TRACT, THE COMMON NORTHEAST CORNER OF SAID LEONARD AVENUE, OF SAID ANNA ELEMENTARY NO. 3, THE COMMON SOUTHWEST CORNER OF HOA TRACT NO. 1 OF AFORESAID ANNA CROSSING, PHASE 2, AND A COMMON SOUTHEAST CORNER OF LEONARD AVENUE (A 120' RIGHT-OF-WAY), AS RECORDED IN COUNTY CLERK'S FILE NO. 20170222000232590, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS; THENCE, NORTH 89 DEGREES 35 MINUTES 32 SECONDS EAST, ALONG THE NORTH LINE OF SAID 360.545 ACRE TRACT AND THE COMMON SOUTH LINE OF SAID ANNA CROSSING, PHASE 2, A DISTANCE OF 1884.06 FEET TO THE POINT OF BEGINNING AND CONTAINING A CALCULATED AREA OF 68.004 ACRES OF LAND. OWNERS CERTIFICATION NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS THAT, HARLAN PROPERTIES, INC., ACTING HEREIN BY AND THROUGH IT'S DULY AUTHORIZED OFFICERS, DOES HEREBY ADOPT THIS PLAT DESIGNATING THE HEREINABOVE DESCRIBED PROPERTY AS ANNA RANCH, PHASE 1, AN ADDITION TO THE CITY OF ANNA, TEXAS, AND DOES HEREBY DEDICATE, IN FEE SIMPLE, TO THE PUBLIC USE FOREVER, THE STREETS AND ALLEYS SHOWN THEREON. THE STREETS AND ALLEYS ARE DEDICATED FOR STREET PURPOSES. THE EASEMENTS AND PUBLIC USE AREAS, AS SHOWN, ARE DEDICATED FOR THE PUBLIC USE FOREVER, FOR THE PURPOSES INDICATED ON THIS PLAT. IN ADDITION, UTILITY EASEMENTS MAY ALSO BE USED FOR THE MUTUAL USE AND ACCOMMODATION OF ALL PUBLIC UTILITIES DESIRING TO USE OR USING THE SAME UNLESS THE EASEMENT LIMITS THE USE TO PARTICULAR UTILITIES, SAID USE BY PUBLIC UTILITIES BEING SUBORDINATE TO THE PUBLIC'S AND CITY OF ANNA'S USE THEREOF. THE CITY OF ANNA AND PUBLIC UTILITY ENTITIES SHALL HAVE THE RIGHT TO REMOVE AND KEEP REMOVED ALL OR ARTS OF ANY BUILDINGS, FENCES, TREES, SHRUBS, OR OTHER IMPROVEMENTS OR GROWTHS WHICH MAY IN ANY WAY ENDANGER OR INTERFERE WITH THE CONSTRUCTION, MAINTENANCE, OR EFFICIENCY OF THEIR RESPECTIVE SYSTEMS IN SAID EASEMENTS. THE CITY OF ANNA AND PUBLIC UTILITY ENTITIES SHALL AT ALL TIMES HAVE THE FULL RIGHT OF INGRESS AND EGRESS TO OR FROM THEIR RESPECTIVE EASEMENTS FOR THE PURPOSES OF CONSTRUCTING, RECONSTRUCTING, INSPECTING, PATROLLING, MAINTAINING, READING METERS, AND ADDING TO OR REMOVING ALL OR PARTS OF THEIR RESPECTIVE SYSTEMS WITHOUT THE NECESSITY AT ANY TIME OF PROCURING PERMISSION FROM ANYONE. THIS APPROVED SUBJECT TO ALL PLATTING ORDINANCES, RULES, AND REGULATIONS OF THE CITY OF ANNA, TEXAS. WITNESS MY HAND THIS THE DAY OF , A.D. 2020. HARLAN PROPERTIES, INC. BY: _ TITLE: STATE OF TEXAS H COUNTY OF )( BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS, ON THIS DAY PERSONALLY APPEARED KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSE AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE DAY OF A.D. 2020. IVII IMr[T rVDLII.. IIV MIVL) rIIr[ IrIC OINK IJr ICAMO ID NUMBER: MY COMMISSION EXPIRES: SURVEYOR'S CERTIFICATE I, MICHAEL J. BAITUP, REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THE PLAT SHOWN HEREON ACCURATELY REPRESENTS THE PROPERTY AS DETERMINED BY AN ON THE GROUND SURVEY, MADE UNDER MY DIRECTION AND THE SUPERVISION IN , 20 , AND THAT ALL CORNERS ARE AS SHOWN. PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS A 0 F FINAL SURVEY DOCUMENT. MICHAEL J. BAITUP REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NO. 4574 BY-111 l .......................... �MICHAEL J. BAITUP ..Y ...... .... 4574 P \ �q °FE s s \� �SUR STATE OF TEXAS )( COUNTY OF )( BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS, ON THIS DAY PERSONALLY APPEARED MICHAEL J. BAITUP KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSE AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE DAY OF A.D. 2020. ID NUMBER: MY COMMISSION EXPIRES: STATE OF TEXAS )( COUNTY OF COLLIN )( I, , MAYOR, CITY OF ANNA, COLLIN COUNTY, TEXAS DO HEREBY CERTIFY THAT THE ABOVE PLAT AND DEDICATION WAS APPROVED BY THE CITY OF ANNA, TEXAS, FOR FILING IN THE MAP OR DEED RECORDS OF COLLIN COUNTY. TEXAS ON THE DAY OF A.D. 2020. MAYOR CITY OF ANNA, TEXAS ATTEST: CITY SECRETARY CITY OF ANNA, TEXAS DRAINAGE AND DETENTION EASEMENT THIS PLAT IS HEREBY ADOPTED BY THE OWNERS AND APPROVED BY THE CITY OF ANNA (CALLED "CITY") SUBJECT TO THE FOLLOWING CONDITIONS WHICH SHALL BE BINDING UPON THE OWNERS, THEIR HEIRS, GRANTEES AND SUCCESSORS: THE PORTION OF BLOCK A, LOT 2X AND BLOCK N, LOT 2X, AS SHOWN ON THE PLAT IS CALLED "DRAINAGE AND DETENTION EASEMENT." THE DRAINAGE AND DETENTION EASEMENT WITHIN THE LIMITS OF THIS ADDITION, WILL REMAIN OPEN AT ALL TIMES AND WILL BE MAINTAINED IN A SAGE AND SANITARY CONDITION BY THE OWNERS OF THE LOT OR LOTS THAT ARE TRAVERSED BY OR ADJACENT TO THE DRAINAGE AND DETENTION EASEMENT. THE CITY WILL NOT BE RESPONSIBLE FOR THE MAINTENANCE OR OPERATION OF SAID EASEMENT OR FOR ANY DAMAGE TO PRIVATE PROPERTY OR PERSON THAT RESULTS FROM CONDITIONS IN THE EASEMENT, OR FOR THE CONTROL OF EROSION. NO OBSTRUCTION TO THE NATURAL FLOW OF STORM WATER RUN-OFF SHALL BE PERMITTED BY CONSTRUCTION OF ANY TYPE OF BUILDING, FENCE, OR ANY OTHER STRUCTURE WITHIN THE DRAINAGE AND DETENTION EASEMENT AS HEREINABOVE DEFINED, UNLESS APPROVED BY THE CITY ENGINEER. PROVIDED, HOWEVER, IT IS UNDERSTOOD THAT IN THE EVENT IT BECOMES NECESSARY FOR THE CITY TO ERECT OR CONSIDER ERECTING ANY TYPE OF DRAINAGE STRUCTURE IN ORDER TO IMPROVE THE STORM DRAINAGE THAT MAY BE OCCASIONED BY THE CITY SHALL HAVE THE RIGHT TO ENTER UPON THE DRAINAGE AND DETENTION EASEMENT AT ANY POINT, OR POINTS, TO INVESTIGATE, SURVEY OR TO ERECT, CONSTRUCT AND MAINTAIN ANY DRAINAGE FACILITY DEEMED NECESSARY FOR DRAINAGE PURPOSES. EACH PROPERTY OWNER SHALL KEEP THE DRAINAGE AND DETENTION EASEMENT CLEAN AND FREE OF DEBRIS, SILT, AND ANY SUBSTANCE WHICH WOULD RESULT IN UNSANITARY CONDITIONS OR OBSTRUCT THE FLOW OF WATER, AND THE CITY SHALL HAVE THE RIGHT OF INGRESS AND EGRESS FOR THE PURPOSE OF INSPECTION AND SUPERVISION OF MAINTENANCE WORK BY THE PROPERTY OWNER TO ALLEVIATE ANY UNDESIRABLE CONDITIONS WHICH MAY OCCUR. THE NATURAL DRAINAGE THROUGH THE DRAINAGE AND DETENTION EASEMENT IS SUBJECT TO STORM WATER OVERFLOW AND NATURAL BANK EROSION TO AN EXTENT WHICH CANNOT BE DEFINITELY DEFINED. THE CITY SHALL NOT BE HELD LIABLE FOR ANY DAMAGES OF ANY NATURE RESULTING FROM THE OCCURRENCE OF THESE NATURAL PHENOMENA, OR RESULTING FROM THE FAILURE OF ANY STRUCTURE, OR STRUCTURES, WITHIN THE EASEMENT. SF —A ADOPTED "PD" CURRENT "SF-60" CONDITIONS STANDARDS Minimum Lot Size 6,050 Square Feet 6,000 Square Feet Minimum Width 55 Feet 50 Feet Minimum Depth 110 Feet 120 Feet Minimum Front Yard 25 Feet; however 25 Feet Setback porches and bay windows may encroach up to 5 Feet in Front of the Building Line Minimum Rear Yard 20 Feet 25 Feet Setback Side Yard Setback 7.5 Feet 10 Feet Side Yard Corner 15 Feet 15 Feet Masonry Percentage 60% Brick or Rock 60% Brick or Rock Veneer, Front 100% Veneer, Front 100% Building Size 1,400 Square Feet 1,600 Square Feet SF-13 ADOPTED "PD" CURRENT "SF-60" CONDITIONS STANDARDS Minimum Lot Size 6,600 Square Feet 6,000 Square Feet Minimum Width 55 Feet 50 Feet Minimum Depth 100 Feet 120 Feet Minimum Front Yard 25 Feet; however 25 Feet Setback porches and bay windows may encroach up to 5 Feet in Front of the Building Line Minimum Rear Yard 20 Feet 25 Feet Setback Side Yard Setback 7.5 Feet 10 Feet Side Yard Corner 15 Feet 15 Feet Masonry Percentage 60% Brick or Rock 60% Brick or Rock Veneer, Front 100% Veneer, Front 100% Building Size 1,600 Square Feet 1,600 Square Feet SF—C ADOPTED "PD" CURRENT "SF-60" CONDITIONS STANDARDS Minimum Lot Size 7,200 Square Feet 6,000 Square Feet Minimum Width 60 Feet 50 Feet Minimum Depth 100 Feet 120 Feet Minimum Front Yard 25 Feet; however 25 Feet Setback porches and bay windows may encroach up to 5 Feet in Front of the Building Line Minimum Rear Yard 20 Feet 25 Feet Setback Side Yard Setback 7.5 Feet 10 Feet Side Yard Corner 15 Feet 15 Feet Masonry Percentage 60% Brick or Rock 60% Brick or Rock Veneer, Front 100% Veneer, Front 100% Building Size 1,600 Square Feet 1,600 Square Feet SF—D ADOPTED "PD" CURRENT "SF-60" CONDITIONS STANDARDS Minimum Lot Size 8,400 Square Feet 6,000 Square Feet Minimum Width 70 Feet 50 Feet Minimum Depth 100 Feet 120 Feet Minimum Front Yard 25 Feet; however 25 Feet Setback porches and bay windows may encroach up to 5 Feet in Front of the Building Line Minimum Rear Yard 20 Feet 25 Feet Setback Side Yard Setback 7.5 Feet 10 Feet Side Yard Corner 15 Feet 15 Feet Masonry Percentage 60% Brick or Rock 60% Brick or Rock Veneer, Front 100% Veneer, Front 100% Building Size 1,600 Square Feet 1,600 Square Feet 3 d Mq� r-1251. 5' SIDEWALK 7" 3,600 PSI CONCRETE WITH NO. 3 BARS ® 1' " MIN 18O.C.E.W.� 1.0' 6" STANDARD CURB ",/1' .a MAJOR COLLECTOR STREET SECTION NTS 50.0' RIGHT OF WAY 9.5' 31.0' B-B 9.5' 15' LANE 15' LANE 4.0' 4.5' _ 6" STANDARD 4" PARABOLIC 4.1 CURB CROWN MAX 2% MAX 2% MAX 6" CONCRETE PAVEMENT 1' MIN —�; 6" LIME SUBGRADE L-5' SIDEWALK 6" STABILIZED SUBGRADE COMPACTED TO 95% PROCTOR OR AS APPROVED BY THE CITY AND GEOTECH. NOTE: PAVEMENT SECTION TO BE VERIFIED BY GEOTECHNICAL RECOMMENDATION. 7.5' SETBACK LOCAL RESIDENTIAL STREET SECTION NTS 20' REAR SETBACK 25' FRONT SETBACK STANDARD LOT APPROVED JUNE 1, 2020 P&Z COMMISSION CITY OF ANNA APPROVED JUNE 912020 CITY COUNCIL CITY OF ANNA 15' CORNER SETBACK (TYP) 20' REAR SETBACK 25' FRONT SETBACK CORNER LOT TYPICAL LOT SETBACKS NTS 2'-0" STANDARD CURB AND GUTTER NTS A FINAL PLAT OF ANNA RANCH PHASE 1 OF LOTS 1-28, 1 X & 2X, BLOCK A LOTS 1 —7 & 1 X, BLOCK B; LOTS 1 —33 & 1 X, BLOCK C LOTS 1-12 & 1 X, BLOCK D; LOTS 1 —31 & 1 X, BLOCK E LOTS 1-17 & 1 X, BLOCK F; LOTS 1-13, BLOCK G LOTS 1-29 & 1 X, BLOCK J; LOTS 1 —1 9 & 1 X, BLOCK K LOTS 1 —28 & 1 X, BLOCK L; LOTS 1 —20 & 1 X, BLOCK M LOTS 21 —29, 1 X & 2X, BLOCK N, AND LOT 1 X, BLOCK P SITUATED IN THE GRANDISON STARK SURVEY, ABSTRACT NO. 798 CITY OF ANNA, COLLIN COUNTY, TEXAS 68.004 ACRES/ 257 RESIDENTIAL LOTS & 15 PRIVATE HOA/DEVELOPER OWNED AND MAINTAINED OPEN SPACES ZONED PD ORDINANCE 323-2007 OWNER/DEVELOPER: HARLAN PROPERTIES, INC. 2404 TEXAS DRIVE, SUITE 103 IRVING, TEXAS 75062 PHONE: (972) 659-0655 ENGINEER/SURVEYOR: LJA Surveying, Inc. 6060 North Central Expressway Suite 440 Dallas, Texas 75206 Phone 469.621.0710 T.B.P.L.S. Firm No. 10194465 Date: APRIL 2020 JOB NO. 0020 SHEET 2 OF 2 1 EXHIBIT A 20F2 THE CITY OF AiAtia AGENDA ITEM: Item No. 51 City Council Agenda Staff Report Meeting Date: 6/9/2020 Consider/Discuss/Action on a Resolution approving the EF Trinity RiverAddition, Block A, Lot 1, Final Plat. (Director of Development Services Ross Altobelli) SUMMARY: Consolidating portions of three tracts into one tract on 75± acres, located on the east side of Bourland Bend (CR 209) and 2,643± feet south of Cowan Rd. Located within the extraterritorial jurisdiction (ETJ). Strategic Connection This items supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned, Managed Growth STAFF RECOMMENDATION: Approval of Resolution approving the EF Trinity River Addition, Block A, Lot 1, Final Plat subject to: a) The addition of language from the on -site sewage facility review by Collin County Development Services; and b) The applicant providing letters to verify adequate level of service for the provision of water and electricity. ATTACHMENTS: Description Locator Resolution Exhibit A Upload Date Type 5/29/2020 Exhibit 6/3/2020 Resolution 6/5/2020 Exhibit Final Plat- EF Trinity River Addition Block A, Lot 1�= COUNTY ROAD 288 TRAIL v ' ti 1/ a • - Vol COWAN RD ti 00 ....., N Q O Z Z DIAMOND J RD v O Z f •-Z—RIGSBY,LN Qz a c N THE CITY OF W o . nna c3 •.. Q Proposed Site City Limits � � x 5(03 Parcels ! ETJ 0 750 1,500 3,000 Feet PRE May 2020 LAPlanning & Development\Project Review\Trinity RV Park\Locator\Agenda Map. mxd CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A FINAL PLAT OF EF TRINITY RIVER ADDITION, BLOCK A, LOT 1. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Article 9.02 of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, Trinity RV Park, LLC. has submitted an application for the approval of the Final Plat of EF Trinity River Addition, Block A, Lot 1 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 of Final Plat The City Council hereby approves the Final Plat of EF Trinity River Addition, Block A, Lot 1 attached hereto as Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 9th day of June, 2020. ATTEST: APPROVED: City Secretary, Carrie L. Land Mayor, Nate Pike LINE TABLE PROP ID 989577 LINE BEARING DISTANCE L1 S 88'13'11" E 321.00 L2 N 56°59'45" E 206.60 L3 N 22°52' 11" E 182.70 L4 N 27°22'45" E 11.50 L7 S 88'38'15" E 1.20 L8 S 88°33'15" E 300.00 L9 S 87°40'15" E 400.00 L10 S 89°10'15" E 589.76 L11 S 67°36'20" E 68.73 L12 S 22°52'54" E 51.72 L13 S 22°56'59" W 52.33 L14 S 51562'30" W 62.45 L15 S 78'51'23" W 69.23 L16 N 77°50'56" W 93.43 L17 N 53°19'54" W 158.58 L18 N 87°57' 19" W 56.37 L19 S 49°50'14" W 151.36 L20 S 17°41'54" W 53.30 L21 S O4-55'26" E 50.25 L22 S 18°16'04" E 87.13 L23 S 30°36'43" E 209.46 L24 S 56°28'11" E 41.44 L25 S 86°08'40" E 52.73 L26 N 54°03'43" E 118.33 L27 N 88°33'08" E 255.64 L28 S 51°36'09" E 46.74 L29 S 18°13'13" E 32.96 L30 S 04°30'53" W 199.68 L31 S 49°49'45" W 262.00 L32 S 04°04'45" W 100.00 L33 S 36°40'15" E 162.00 L34 N 86°49'45" E 175.00 L35 S 64°49'45" E 175.00 L36 S 24°22'13" E 50.00 L37 S 27°07'54" W 232.20 L38 N 84°11'13" W 475.00 L39 S 63°05'28" W 108.00 L40 N 21°02'32" W 26.00 L41 N 22°17'28" E 37.00 L42 N 00°34'28" E 27.00 L43 N 79°30'32" W 65.00 L44 N 87"15'32" W 76.00 L45 N 88"27'32" W 319.00 L46 N 83"33'32" W 138.00 L47 S 46°14'28" W 59.00 L48 S 85°19'28" W 106.00 L49 S 32°33'28" W 196.31 L50 S 14°04'22" W 147.06 L51 S 73°30'28" W 51.30 L52 N 27°22'45" E 314.90 L53 N 32°52'45" E 320.40 L54 N 56'07'45" E 41.10 L55 N 84'10'45" E 100.90 L56 N 31'14'15" W 91.00 L57 N 07-48'45" E 131.40 158 N 71'50'45" E 293.90 L59 N 56'13'45" E 177.50 L60 S 88°38'15" E 288.50 pg 1 of 2 - - L60 - PROP -ID 2657165 �bo ABS A0039 CARTER BOURLAND SURVEY, TRACT 5, 30.903 ACRES PROPERTY LINE L5a / SURVEYOR'S CERTIFICATE The undersigned Registered Professional Land Surveyor (Bryan Connally) hereby certifies to Trinity RV Park, LLC and Chicago Title Company, in connection with the transaction v / described in G.F. No. CTDAL36-8000361901798A that, (a) this survey and the property description set forth hereon were prepared from an actual on -the -ground survey; (b) such survey was conducted by the Surveyor, or under his direction; (c) all monuments shown hereon actually existed on the date of the survey, and the location, size and type of OJ� material thereof are correctly shown; Use of this survey by any other parties and/or for V �] other purposes shall be at User's own risk and any loss resulting from other use shall not / be the responsibility of the undersigned. The plat hereon is a correct and accurate Q- representation of the property lines and dimensions are as indicated; location and type of buildings are as shown; and EXCEPT AS SHOWN, all improvements are located within the V Q- boundaries the distances indicated and there are no visible and apparent encroachments or protrusions on the ground. Executed fhis 14th day of January, 2020 / ----------------------------- Bryan Connally Registered Professional Land Surveyor No. 4604 h� v BEFORE me, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared , known to me to be the person / or persons whose name is subscribed to the foregoing instrument, and acknowledged to / me that he executed the same in the capacity herein stated and the act and deed of said / company. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of / 2020. Notary Public in and for County A,) � v My Commission Expires: I 0 Ll ® TELE N 89 42 13 W 879.15 cl�I ,`A, L48 / c�v U I o 0 Q_ 0 fi �� II CL to B EOGNN N,I F I I J / PROP ID 2657163 ABS A0039 CARTER BOURLAND SURVEY, TRACT 10, 74.368 ACRE DRAINAGE AND DETENTION EASEMENT STATE OF TEXAS COUNTY TRACT 1 OF COLLIN CITY OF ANNA PROP -ID 2657164 ABS A0039 CARTER BOURLAND SURVEY, This plat is hereby adopted by the Owners and approved by the City of TRACT 8, 22.006 ACRES Anna (called "City") subject to the following conditions which shall be binding upon the Owners, their heirs, grantees and successors: The portion of Block 1, as shown TRACT 2 on the plat is called "Drainage and Detention Easement." The Drainage and PROP -ID 989470 Detention Easement within the limits of this addition, will remain open at all times ABS A0039 CARTER BOURLAND SURVEY, and will be maintained in a safe and sanitary condition by the owners of the lot or TRACT 7, 48.56 ACRES lots that are traversed by or adjacent to the Drainage and Detention Easement. The City will not be responsible for the maintenance and operation of said Easement or for any damage to private property or person that results from conditions in the Easement, or for the control of erosion. No obstruction to the natural flow of storm water run-off shall be permitted by construction of any type of building, fence, or any other structure within the Drainage and Detention Easement as hereinabove defined, unless approved by the City Engineer. Provided, however, it is understood that in the event it becomes necessary for the City to erect or consider erecting any type of drainage structure in order to improve the storm drainage that may be Notice: Selling a portion of this addition by metes and bounds is a violation of the city Subdivision occasioned by the City shall have the right to enter upon the Drainage and Detention Ordinance and State platting statutes and is subject to fines and withholding of utilities and building Easement at any point, or points, to investigate, survey or to erect, construct and certificates. maintain any drainage facility deemed necessary for drainage purposes. Each property owner shall keep the Drainage and Detention Easement clean and free of debris, silt, and any substance which would result in unsanitary conditions or obstruct the flow of water, and the City shall have the right of ingress and egress for CERTIFICATE OF APPROVAL the purpose of inspection and supervision of maintenance work by the property APPROVED on this the day of , 20 , by the City Council, City of Anna, Texas. owner to alleviate any undesirable conditions which may occur. The natural drainage through the Drainage and Detention Easement is subject to storm water overflow and natural bank erosion to an extent which cannot be definitely defined. The City Mayor shall not be held liable for any damages of any nature resulting from the occurrence of these natural phenomena, or resulting from the failure of any structure, or structures, within the Easement. City Secretary 7 I I ABS A0039 CARTER BOURLAND SURVEY, wl� I I TRACT 14, 4.7 ACRES L8 L9 L10 - - �,, I I II I L 18 <� M I / �tk I I 116 L15 I II N I I I I N I I II PROP _ID 989407 <N ABS A0039 CARTER BOURLAND SURVEY, I I TRACT 2, 40.67 ACRES I I I I I I < I EF TRINITY RIVER ADDITION \ L2710 BLOCK A, LOT 1 75.49 ACRES L25 �y it UJ II I I o IJ � I \ I I `- I I �� / I I I / I I I I VICINITY MAP I I PROP _ID 989540 I I ABS A0039 CARTER BOURLAND SURVEY, \ I II N rn TRACT 11, 15.0 ACRES I J I I \I I I I \ I L34 I I I I � I I I I I I I I N 88°52'38" W 1100.07' I - I L45 4 HEALTH DEPARTMENT CERTIFICATION: I L43 v - I - I I L41 g L38 - - I l APPROX. LOCATION ZONE A 100YR o I hereby certify that the on -site sewage facilities described on this plat conform to the applicable OSSF laws of the State of Texas, that site evaluations have been Property Owner's Signature: submitted representing the site conditions in the area in which on -site sewage STATE OF: facilities are planned to be used. COUNTY OF: Registered Sanitarian or Designated Representative Collin County Development Services NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT James L. Bradshaw acting herein by and through it's duly authorized officers, does hereby adopt this plat designating the hereinabove described property as Trinity River Addition, Block A, Lot 1 an addition to the City of Anna, Texas, and does hereby dedicate, in fee simple, to the public use forever, the streets and alleys shown thereon. The streets and alleys are dedicated for street purposes. The easements and public use areas, as shown, are dedicated for the public use forever, for the purposes indicated on this plat. No buildings, fences, trees, shrubs, or other improvements or growths shall be constructed or placed upon, over, or across the easements as shown, except that landscape improvements may be placed in landscape easements, if approved by the City of Anna. In addition, utility easements may also be used for the mutual use and accommodation of all public utilities desiring to use or using the same unless the easement limits the use to particular utilities, said use by public utilities being subordinate to the public's and City of Anna's use thereof. The City of Anna and public utility entities shall have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs, or other improvements or growths which may in any way endanger or interfere with the construction, maintenance, or efficiency of their respective systems in said easements. The City of Anna and public utility entities shall at all times have the full right of ingress and egress to or from their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to or removing all or parts of their respective systems without the necessity at any time of procuring permission from anyone. 100' ELECTRICAL EASEMENT, TEXAS POWER AND LIGHT, CARTER BOURLAND SURVEY, ABSTRACT NO. 39COLLIN COUNTY, TX, VOLUME 207, PAGE 688 AND 689 Date: BEFORE ME, a Notary Public, on this day personally appeared (printed property owner's name) the above signed, who, under oath, stated the following: "I hereby certify that I am the property owner for the purposes of this application; that all information submitted herein is trueand correct." SUBSCRIBED AND SWORN TO before me, this the day of , 20 NOTARY PUBLIC in and for the State of Texas APPROVED JUNE 1, 2020 P&Z COMMISSION CITY OF ANNA APPROVED J U N E 93 2020 CITY COUNCIL CITY OF ANNA 0 60 120 180 240 SCALE: 1" = 120'-0" NORTH NORTH LEGEND CIA CONTROLLING MONUMENT �� ASPHALT PAVING ❑ 1/2" IRON ROD FOUND PE - POOL EQUIPMENT -0-0 WOOD F NCEENCE CHAIN LINK i8 1/2" IRON ROD SET COLUMN 0.5' WIDE TYPICAL 0 3/8" IRON ROD FOUND AC AIR CONDITIONING -x-x- BARBED WIRE 5/5" ROD FOUND FIRE HYDRANT FU IRON FENCE //� PIPE FENCE ❑ FENCE POST CORNER COVERED PDRCH,DECK OR CARPORT ® "x" FOUND / SET OES - OES OVERHEAD ELECTRIC SERVICE A UNDERGROUND ELECTRIC 0HP - OHP OVERHEAD POWER LINE ❑ ❑O ELECTRIC+ POWEROWER POLE POINT FOR CORNER p. CONCRETE PAVING & Ak: DOUBLSIDE ElWOODEFENC E 14 14 GRAVEL/ROCK ROAD OR DRIVE LEGAL DESCRIPTION STATE OF TEXAS COUNTY OF COLLIN EXHIBIT A 2of2 Being a tract of land situated in the Carter Bourland 320 Acre Survey, Abstract No. 39, Collin County, Texas, same being that tract of land conveyed to William Edward Bradshaw, by deed recorded in Volum e 5063, Page 4133, Deed Records of Collin County, Texa s, ( Tr aci 1), and being more particularly described by metes and bounds as follows: BEGINNING at a mag nail set for corner, said corner being the Northwest corner of that tract of land conveyed to Clay Don Bourland, by deed recorded In Instrument No. 2003-0080652, Official Public Records of Collin County, Texas, same lying along the East line of that tract of land conveyed to Jerry E. Wolfe and wife, Shir ley A. Wolfe, by deed recorded In Volume 740, Page 433, Deed Records of Collin County, Texas, and lying in the centerline of Bourland Bend (public right- of- way) ; THENCE North 05 degrees 28 minutes 54 seconds East, along aforementioned centerline of Bourland Bend, a distance of 448.62 feel to a mag nail set for corner, said corner being the Southwest corner of that tract of land conveyed to Ed and Laneil Wright Family Partnership #3, LTD, by deed recorded in Instrument No. 20190327000317990, Off icia I Public Records of Colli n County, Texas; THENCE South 88 degrees 13 minutes 11 seconds East, along the South line of said Wright Family Partnership tract, a distance of 321.00 feet to a point for corner, said corner lying along the centerline of Wilson Branch; THENCE North 56 degrees 59 minutes 45 seconds East, along the centerline of Wilson Branch, a distance of 206.60 feet to a point for corner; THENCE North 22 degrees 52 minute s 11 seconds East, a distance of 182.70 feet to a point for corner; THENCE along said centerline of Wilson Branch the following courses and distances: North 27 degrees 22 minutes 45 seconds East, along said centerline of Wilson Branch, a distance of 11.50 feel to a point for corner, said corner being the Southwest comer of the remainder of Bradshaw tract; North 27 degrees 22 minutes 45 seconds East, a distance of 314.90 f eet to a point for corner; North 32 degrees 52 minutes 45 seconds East, a distance of 320.40 f eet to a point for corner; North 56 degrees 07 minutes 45 seconds East, a distance of 41.10 feel to a point for corner; North 84 degrees 10 minutes 45 seconds East, a distance of 100.90 feet to a point for corner; North 31 degrees 14 minutes 15 seconds West, a distance of 91.00 feet to a point for corner; North 07 degrees 48 minutes 45 seconds East, as distance of 131.40 feet to a point for corner; North 71 degrees 50 minutes 45 seconds East, a distance of 293.90 feet to a point for corner; North 56 degrees 13 minutes 45 seconds East, a distance of 177.50 THENCE South 88 degrees 38 minutes 15 seconds East, along the South line of said Wright Family Partnership tract, a distance of 1.20 feel to a point for corner; THENCE South 88 degrees 33 minutes 15 seconds East, along said South line of said Wright Family Partnership tract, a distance of 300.00 feel to a 1/2 inch iron rod set with yellow plastic cap stamped "CBG Surveying for corner; THENCE Sou th 87 degrees 40 minutes 15 seconds East, a distance of 400.00 feet to a 1/ 2 Inch iron rod set with yellow plastic cap stamped "CBG Surveying " for corner; THENCE South 89 degrees 10 minutes 15 seconds East, along said South line of said Wright Family Partnership tract, passing at a distance of 306.13 feel to a 1/2 inch iron rod set with yellow plastic cap stamped "CBG Surveying " for reference and continuing a total a distance of 589.76 f eel to a point for corner, said corner being the Southeast corner of said Wright Family Partnership tract, same lying along the West line of that tract of land conveyed I o Annaland, LTD, a Texas Limited Partnership, by deed recorded in Instrument No. 2004-0173297, Official Public Records of Collin County, Texas, and lying in the centerline of East Fork Creek; THENCE in a Southerly direction downstream with the centerline of meanders the following courses and distances: South 67 degrees 36 minutes 20 seconds East, a distance of 68.73 feel to a point for corner; South 22 degrees 52 minutes 54 seconds East, a distance of 51.72 feet to a point for corner; South 22 degrees 56 minutes 59 seconds West, a distance of 52.33 feel to a point for corner; South 51 degrees 56 minutes 30 seconds West, a dis tan ce of 62.45 feel to a point for corner; South 78 degrees 51 minutes 23 seconds West, a distance of 69.23 feet to a point for corner; North 77 degrees 50 minutes 56 seconds West, a distance of 93.43 feel to a point for corner; North 53 degrees 19 minutes 54 seconds West, a distance of 158.58 feel to a point for corner; North 87 degrees 57 minutes 19 seconds West, a distance of 56.37 feet to a point for corner; South 49 degrees 50 minutes 14 seconds West, a distance of 151.36 feel to a point for corner; South 17 degrees 41 minutes 54 seconds West, a distance of 53.30 feet to a point for corner; South 04 degrees 55 minutes 26 seconds East, a distance of 50.25 feet to a point for corner; South 18 degrees 16 minute s 04 seconds East, a distance of 87.13 feel to a point for corner; South 30 degrees 36 minutes 43 seconds East, a distance of 209.46 feet to a point for corner; NG A South 56 degrees 28 minutes 11 seconds East, a distance of 41.44 feet to a point for corner; OF South 86 degrees 08 minutes 40 seconds East, a distance of 52.73 f eet to a point for corner; ACT North 54 degrees 03 minutes 43 seconds East, a distance of 118.33 feet to a point for corner; North 88 degrees 33 minutes 08 seconds East, a distance of 255.64 feel to a point for corner; South 51 degrees 36 minutes 09 seconds East, a distance of 46.74 feet to a point for corner; South 18 degrees 13 minut es 13 seconds East, a distance of 32.96 feet to a point for corner, said corner being the Southwest corner of said Annaland, LTD tract and being the Northwest corner of that tract of land conveyed to James Horace Randles, as his sole and separa to properly, by deed recorded in Inst rum ent No. 2001-0014241, Official Public Records of Collin County, Texa s; THENCE continuing along said center line of said East Fork Creek the following courses and distances: South 04 degrees 30 minutes 53 seconds West, a distance of 199.68 feet to a point for corner; South 49 degrees 49 minutes 45 seconds West, a distance of 262.00 feel to a point for corner; South 04 degrees 04 minutes 45 seconds West, a distance of 100.00 feel to a point for corner; South 36 degrees 40 minutes 15 seconds East, a distance of 162.00 feet to a point for corner; North 86 degrees 49 minutes 45 seconds East, a distance of 175.00 feel to a point for corner; South 64 degrees 49 minutes 05 seconds East, a distance of 175.00 feel to a point for corner; South 24 degrees 22 minutes 13 seconds East, a distance of 50.00 feet to a point for corner; South 27 degrees 07 minutes 54 seconds West, a distance of 232.20 feel to a point for corner; Nort In 84 degree s 11 minutes 13 seconds West, a di stance of 475. 00 feel to a point for corner; South 63 degrees 05 minutes 28 seconds West, a distance of 108.00 feel to a point for corner, said corner being the Northwest corner of said Randles tract and lying along the East line of said Bourland tract; Nort h 21 degree s 02 minutes 32 seconds West, a di stance of 26.00 feet to a point for corner; THENCE along Bourland tract the following courses and distances: North 22 degrees 17 minutes 28 seconds East, a distance of 37.00 feet to a 1/ 2 inch iron rod set with yellow plasti c cap stain ped "CBG Sury eying" for corner; North 00 degrees 34 minutes 28 seconds East, a di sta nce of 27.00 feet to a 1/2 inch iron rod set with yellow plastic cap stamped "CBG Sury eying" for corner; North 79 degrees 30 minutes 32 seconds West, a distance of 65.00 feel to a 1/2 inch iron rod set with yellow plastic cap stamped "CBG Sury eying" for corner; Nort In 87 degrees 15 minutes 32 seconds West, a distanc e of 76.00 feel to a 1/2 inch iron rod set with yellow plasti c cap stamped "CBG Sury eying" for corner; Nort h 88 degrees 27 minutes 32 seconds West, a di stance of 319.00 feel to a point for corner; North 88 degrees 52 minutes 38 seconds West, a distance of 1100.07 feet to a 1/2 inch iron rod set with yellow plasti c cap stam ped "CBG Sury eying" for corner; North 83 degrees 33 minutes 32 seconds West, a distance of 138.00 feel to a 1/ 2 inch iron rod set with yellow plastic cap stamped "CBG Sury eying" for corner; North 89 degrees 42 m inut es 13 seconds West, passing at a distance of 785.69 feet to a 1/ 2 inch Iron rod set on- line with yellow pla sti c cap stamped "CBG Surveyin g" for ref erence and continuing a total distan ce of 879.15 feet to a point for comer, said corner lying along said centerline of Wilson Branc h; THENCE along the centerline of said creek the following courses and distances: South 46 degrees 14 minute s 28 seconds West, a di stan ce of 59.00 feel to a point for corner; South 85 degrees 19 minute s 28 seconds West, a distance of 106.00 feel to a point for corner; South 32 degre es 33 minute s 28 seconds West, a distance of 196.31 f eel to a point for corner; South 14 degrees 04 minute s 22 seconds West, a distance of 147.06 feel I o a point for comer; South 73 degrees 30 minute s 28 seconds West, a dis tance of 51.30 f eel to the POINT OF BEGINNING and co ntain ing 3,288,426 square feet or 75.49 acres of land . APPROVED JUNE 1, 2020 P&Z COMMISSION CITY OF ANNA THE CITY OF AiAtia AGENDA ITEM: Item No. 6. City Council Agenda Staff Report Meeting Date: 6/9/2020 Consider/Discuss/Action on a Resolution establishing a Chapter 380 small business assistance program to provide immediate, short-term financial aid to qualified small businesses in the City of Anna. (Economic Development Director Joey Grisham) SUMMARY: The Coronavirus Aid, Relief, and Economic Security Act was passed by Congress and signed into law by President Trump and the US Treasury established the Coronavirus Relief Fund added by section 5001 of the CARES Act. On May 11, 2020, the Collin County Commissioners court took the first steps to distribute the CARES Act funds and adopted the `Collin Cares" recovery plan which provides funding for cities' COVI D-19 costs and business recovery efforts. The City Council and Anna EDC/CDC recognizes the economic strain the COVI D-19 pandemic is causing its local businesses, and desires to establish a stimulus program from the CARES Act funding from the I nterlocal Cooperation Agreement with Collin County in order to provide limited financial assistance to small businesses located within the city limits. Based on the guidelines and requirements that were set out, 25% of the city's $764,646.10 allocation can be utilized for small business grants, which amounts to $191,162. While the CDC Board approved $100,000 previously for small businesses, we are recommending that the City Council utilize the COVI D-19 funds as the CDC's $100,000 would not likely be reimbursed. The Anna Community Development Corporation will administer the program and make recommendations to the City Council. Phase I of the program includes businesses that pay city sales tax. 28 applications were received--18 fit the criteria, 8 did not meet the criteria, and 2 businesses withdrew. Staff will be seeking input from the City Council on which businesses to include in Phase II. The CDC recommends the 18 businesses (Exhibit C) that qualified receive grants of $5,000--they are required to sign a Chapter 380 Economic Development Agreement (Exhibit B) as a part of the process. Strategic Connection This items supports the City of Anna Strategic Plan, specifically advancing: Goal 1: Growing Anna Economy STAFF RECOMMENDATION: Approve the Resolution. ATTACHMENTS: Description Resolution Exhibit A- Program Guidelines Upload Date Type 6/4/2020 Resolution 6/4/2020 Exhibit B--Chapter 380 Agreement 6/4/2020 Exhibit C- List of Recommended businesses for Phase 1 6/4/2020 G rants Exhibit Exhibit Exhibit Phase_1_AppIication_Tracking 6/5/2020 Backup Material RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, ESTABLISHING A CHAPTER 380 SMALL BUSINESS ASSISTANCE PROGRAM TO PROVIDE IMMEDIATE, SHORT-TERM FINANCIAL AID TO QUALIFIED SMALL BUSINESSES IN THE CITY OF ANNA; APPROPRIATING UP TO $191,162 TO ESTABLISH THE FUND; PROVIDING PROGRAM AND APPLICATION ELIGIBILITY CRITERIA AND OTHER REQUIREMENTS; DELEGATING AUTHORITY TO THE ANNA COMMUNITY DEVELOPMENT CORPORATION TO ADMINISTER THE PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Anna, Texas is a municipality operating under a home -rule charter (the "City"); and WHEREAS, in December 2019, a novel coronavirus, now designated SARS-Co V2 which causes the disease COVID-19, was detected in Wuhan, China; and WHEREAS, President Donald J. Trump declared a State of National Emergency for the United States of America on March 13, 2020 in response to the spread of COVID-19; and WHEREAS, on March 13, 2020, Texas Governor Greg Abbott declared a statewide public health disaster; and WHEREAS, on March 17, 2020, Mayor Nate Pike issued a declaration of local disaster for public health emergency for the City and such declaration was extended by the City Council; and WHEREAS, on March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (the "CARES Act") was passed by Congress and signed into law by President Trump; and WHEREAS, on April 22, 2020, the US Treasury established the Coronavirus Relief Fund added by Section 5001 of the CARES Act; and WHEREAS, on May 11, 2020, the Collin County Commissioners court took the first steps to distribute the CARES Act funds and adopted the `Collin Cares" recovery plan which provides funding for cities' COVID-19 costs and business recovery efforts; and WHEREAS, the COVID-19 pandemic has caused closures of and limitations on local businesses; and WHEREAS, Chapter 380 of the Texas Local Government Code allows municipalities to establish economic development programs for making grants of public money to promote local economic development and to stimulate business and commercial activity in the municipality; and WHEREAS, the City Council of the City recognizes the economic strain the COVID-19 pandemic is causing its local businesses, and desires to establish a stimulus program from the CARES Act funding from the Interlocal Cooperation Agreement with Collin County in order to provide limited financial assistance to small businesses located within the city limits; and WHEREAS, the City Council finds that establishing this program pursuant to Chapter 380 of the Texas Local Government Code and awarding grants to qualified small businesses will serve the public health, safety and welfare of the City; and WHEREAS, the guidelines and criteria for this program are set forth in the attached Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: SECTION 1. That the City hereby establishes and provides for the administration of a small business assistance program pursuant to Chapter 380 of the Texas Local Government Code to provide immediate, short-term financial assistance in the form of grants to qualified businesses located within the city limits of the City and within Collin County. SECTION 2. That the guidelines and criteria set forth in Exhibit A, which is attached hereto and incorporated herein, shall establish program and application requirements and determine a business's eligibility to receive financial assistance under the program. The City Manager may change the guidelines and criteria or establish additional rules or requirements provided that any such changes or additions comply with all applicable law. SECTION 3. That the Anna Community Development Corporation is directed to administer the small business assistance program and is authorized to make grants that comply with the program requirements, as set forth herein, and is authorized to take any and all other actions he deems necessary to administer the program consistent with the program requirements set forth herein. SECTION 4. That the City shall appropriate the sum up to of $191,162 in a separate operating fund of the City to establish the small business assistance program. Each qualified business is eligible to receive a one-time grant up to $5,000 if funding is available. SECTION 5. That the City shall appropriate the sum up to of $191,162 in a separate operating fund of the City to establish the small business assistance program. Each qualified business is eligible to receive a one-time grant up to $5,000 if funding is available; provided, however, that all such businesses must enter into a Chapter 380 Agreement in the form attached hereto as Exhibit B or as approved as to form by the City Attorney. The City Manager has authority to enter into such Chapter 380 Agreements on behalf of the City. SECTION 6. That the initial business to which the City anticipates providing grants are listed in Exhibit C. SECTION 7. That this Resolution shall take effect immediately from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, ON THIS THE 9TH DAY OF DUNE 2020. Nate Pike, Mayor ATTEST: Carrie Land, City Secretary Exhibit A marina CITY ��of �Coc Anna City of Anna CDC COVID-19 Recovery Grant —Phase I The City of Anna has designated funding to assist local small -businesses suffering from financial impacts related to the COVID-19 pandemic. Grants up to $5,000 will be dispersed amongst qualified applicants that are selected. The Anna Community Development Corporation will administer the program. Eligible businesses applying for grant funds must: • Be a physical, publicly accessible location existing in the city limits of the City of Anna • Be a sales tax -paying entity to the City of Anna according to the Comptroller of the State of Texas • Have less than 20 employees • Show proof of ownership of the business • Be authorized to do business in Texas and listed as "in existence" with the Secretary of State of Texas • Be current with property tax and sales and use tax payments • Must at all times be in compliance with all ordinances of the City of Anna unless waived by the City or its designee in writing • Sign an economic development agreement before funds can be remitted (noncompliance with terms would require the recipient to repay funds) • Provide proof of the use of grant funds upon request by August 31, 2020 or as extended in writing by the CDC President for a period not to exceed 90 days • Consent to any financial audit of the applicant and physical inspections of the applicant's premises/operations by CDC designee(s) • Include a completed Form W-9 form for the business with this application Non -Qualified Applicants • Businesses that have not remitted sales tax to the State of Texas to be paid to the City of Anna within the previous 12 months. • Home -based businesses • Non-profit organizations or associations • Businesses affiliated or owned by national and regional chains • Grocery stores, farmers markets, and food markets • Liquor, wine, and beer stores • Tobacco, vape, and CBD stores • Pawn shops • Gas stations and convenience stores • Medical and health providers and related service companies and vendors • Banks, lending, and financial institutions • Plumbers, HVAC technicians, and electricians • Businesses and/or business owner(s) which have outstanding financial obligations to the City of Anna unless forgiven or suspended by the City or its designee in writing CONTACT: Joey Grisham, Director Taylor Lough, Manager 214-831-5394 214-831-5321 0oey()-opportunityannatx.com taylor(a)-opportunityannatx.com Exhibit A City of Anna CDC COVID-19 Recovery Grant —Phase II The City of Anna has designated funding to assist local small -businesses suffering from financial impacts related to the COVID-19 pandemic. Grants up to $5,000 will be dispersed amongst qualified applicants that are selected. The Anna Community Development Corporation will administer the program. Eligible businesses applying for grant funds must: • Be a physical, publicly accessible location existing in the city limits of the City of Anna • Have less than 20 employees • Show proof of ownership of the business • Be authorized to do business in Texas and listed as "in existence" with the Secretary of State of Texas • Be current with property tax and sales and use tax payments • Must at all times be in compliance with all ordinances of the City of Anna unless waived by the City or its designee in writing • Sign an economic development agreement before funds can be remitted (noncompliance with terms would require the recipient to repay funds) • Provide proof of the use of grant funds upon request by August 31, 2020 or as extended in writing by the CDC President for a period not to exceed 90 days • Consent to any financial audit of the applicant and physical inspections of the applicant's premises/operations by CDC designee(s) • Include a completed Form W-9 form for the business with this application Non -Qualified Applicants • Businesses that have not remitted sales tax to the State of Texas to be paid to the City of Anna within the previous 12 months. • Home -based businesses • Non-profit organizations or associations • Businesses affiliated or owned by national and regional chains • Grocery stores, farmers markets, and food markets • Liquor, wine, and beer stores • Tobacco, vape, and CBD stores • Pawn shops • Gas stations and convenience stores • Medical and health providers and related service companies and vendors • Banks, lending, and financial institutions • Plumbers, HVAC technicians, and electricians • Businesses and/or business owner(s) which have outstanding financial obligations to the City of Anna unless forgiven or suspended by the City or its designee in writing CONTACT: Joey Grisham, Director Taylor Lough, Manager 214-831-5394 214-831-5321 0oey()-opportunityannatx.com taylor(a)-opportunityannatx.com Exhibit A Anna THE CITY of �Coc Anna City of Anna CDC COVID-19 Recovery Grant —Phase I The City of Anna has designated funding to assist local small -businesses suffering from financial impacts related to the COVID-19 pandemic. Grants up to $5,000 will be dispersed amongst qualified applicants that are selected. The Anna Community Development Corporation will administer the program. Eligible businesses applying for grant funds must: • Be a physical, publicly accessible location existing in the city limits of the City of Anna • Be a sales tax -paying entity to the City of Anna according to the Comptroller of the State of Texas • Have less than 20 employees • Show proof of ownership of the business • Be authorized to do business in Texas and listed as "in existence" with the Secretary of State of Texas • Be current with property tax and sales and use tax payments • Must at all times be in compliance with all ordinances of the City of Anna unless waived by the City or its designee in writing • Sign an economic development agreement before funds can be remitted (noncompliance with terms would require the recipient to repay funds) • Provide proof of the use of grant funds upon request by August 31, 2020 or as extended in writing by the CDC President for a period not to exceed 90 days • Consent to any financial audit of the applicant and physical inspections of the applicant's premises/operations by CDC designee(s) • Include a completed Form W-9 form for the business with this application Non -Qualified Applicants • Businesses that have not remitted sales tax to the State of Texas to be paid to the City of Anna within the previous 12 months. • Home -based businesses • Non-profit organizations or associations • Businesses affiliated or owned by national and regional chains • Grocery stores, farmers markets, and food markets • Liquor, wine, and beer stores • Tobacco, vape, and CBD stores • Pawn shops • Gas stations and convenience stores • Medical and health providers and related service companies and vendors • Banks, lending, and financial institutions • Plumbers, HVAC technicians, and electricians • Businesses and/or business owner(s) which have outstanding financial obligations to the City of Anna unless forgiven or suspended by the City or its designee in writing CONTACT: Joey Grisham, Director Taylor Lough, Manager 214-831-5394 214-831-5321 0oey()-opportunityannatx.com taylor(a)-opportunityannatx.com Exhibit A City of Anna CDC COVID-19 Recovery Grant —Phase II The City of Anna has designated funding to assist local small -businesses suffering from financial impacts related to the COVID-19 pandemic. Grants up to $5,000 will be dispersed amongst qualified applicants that are selected. The Anna Community Development Corporation will administer the program. Eligible businesses applying for grant funds must: • Be a physical, publicly accessible location existing in the city limits of the City of Anna • Have less than 20 employees • Show proof of ownership of the business • Be authorized to do business in Texas and listed as "in existence" with the Secretary of State of Texas • Be current with property tax and sales and use tax payments if applicable • Must at all times be in compliance with all ordinances of the City of Anna unless waived by the City or its designee in writing • Sign an economic development agreement before funds can be remitted (noncompliance with terms would require the recipient to repay funds) • Provide proof of the use of grant funds upon request by August 31, 2020 or as extended in writing by the CDC President for a period not to exceed 90 days • Consent to any financial audit of the applicant and physical inspections of the applicant's premises/operations by CDC designee(s) • Include a completed Form W-9 form for the business with this application Non -Qualified Applicants • Home -based businesses • Non-profit organizations or associations • Businesses affiliated or owned by national and regional chains • Grocery stores, farmers markets, and food markets • Liquor, wine, and beer stores • Tobacco, vape, and CBD stores • Pawn shops • Gas stations and convenience stores • Medical and health providers and related service companies and vendors • Banks, lending, and financial institutions • Plumbers, HVAC technicians, and electricians • Businesses and/or business owner(s) which have outstanding financial obligations to the City of Anna unless forgiven or suspended by the City or its designee in writing CONTACT: Joey Grisham, Director Taylor Lough, Manager 214-831-5394 214-831-5321 0oey()-opportunityannatx.com taylor(a)-opportunityannatx.com CHAPTER 380 AGREEMENT This Chapter 380 Agreement ("Agreement") is entered into to be effective as of the Effective Date (as defined in Article III below), by and between the City of Anna, a home -rule municipality located in Collin County, Texas (hereinafter called "City"), and (hereinafter called "Business"), otherwise known as the "Parties" to this Agreement. RECITALS WHEREAS, the City of Anna, Texas is a municipality operating under a home -rule charter (the "City"); and WHEREAS, in December 2019, a novel coronavirus, now designated SARS-Co V2 which causes the disease COVID-19, was detected in Wuhan, China; and WHEREAS, President Donald J. Trump declared a State of National Emergency for the United States of America on March 13, 2020 in response to the spread of COVID-19; and WHEREAS, on March 13, 2020, Texas Governor Greg Abbott declared a statewide public health disaster; and WHEREAS, on March 17, 2020, Mayor Nate Pike issued a declaration of local disaster for public health emergency for the City and such declaration was extended by the City Council; and WHEREAS, on March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (the "CARES Act") was passed by Congress and signed into law by President Trump; and WHEREAS, on April 22, 2020, the US Treasury established the Coronavirus Relief Fund added by Section 5001 of the CARES Act; and WHEREAS, on May 11, 2020, the Collin County Commissioners court took the first steps to distribute the CARES Act funds and adopted the `Collin Cares" recovery plan which provides funding for cities' COVID-19 costs and business recovery efforts; and WHEREAS, the COVID-19 pandemic has caused closures of and limitations on local businesses; and WHEREAS, Chapter 380 of the Texas Local Government Code allows municipalities to establish economic development programs for making grants of public money to promote local economic development and to stimulate business and commercial activity in the municipality; and WHEREAS, the COVID-19 National Disaster has caused business enterprise in Anna, Texas, to temporarily close and/or experience reductions in sales, workforce, capital development and/or development; and WHEREAS, the City Council of the City recognizes the economic strain the COVID-19 pandemic is causing its local businesses, and desires to establish a stimulus program from the CARES Act funding from the Interlocal Cooperation Agreement with Collin County in order to provide limited financial assistance to small businesses located within the city limits; and WHEREAS, the City Council finds that establishing this program pursuant to Chapter 380 of the Texas Local Government Code and awarding grants to qualified small businesses will serve the public health, safety and welfare of the City; and WHEREAS, Business desires to retain its number of employees and payroll, as well as its capital investment, to the numbers and amounts prior to the National Disaster declaration and COVID-19 pandemic crisis; and WHEREAS, providing Business with the funds under this Agreement will contribute to the City of Anna by helping retain jobs and increase employment back to the numbers prior to the COVID- 19 National Disaster, promoting and developing expanded business enterprises, increased development, increased real property value and tax revenue for the City of Anna, and will have both a direct and indirect positive overall improvement/stimulus in the local and state economy; and WHEREAS, the City desires to offer an incentive to Business to enable Business to retain and increase its employees and payroll to the numbers prior to the COVID-19 National Disaster declaration and to train its employees on how to conduct business during such a National Disaster and pandemic pursuant to this Agreement; and WHEREAS, the Parties are executing and entering into this Agreement to set forth certain terms and obligations of the Parties with respect to such matters; and WHEREAS, the Parties recognize that all agreements of the Parties hereto and all terms and provisions hereof are subject to the laws of the State of Texas and all rules, regulations and interpretations of any agency or subdivision thereof at any time governing the subject matters hereof, and WHEREAS, the Parties agree that all conditions precedent for this Agreement to become a binding agreement have occurred and been complied with, including all requirements pursuant to the Texas Open Meetings Act and all public notices and hearings, if any, have been conducted in accordance with Texas law; and WHEREAS, on the Effective Date, the commitments contained in this Agreement shall become legally binding obligations of the Parties. NOW, THEREFORE, in consideration of the mutual covenants, benefits and agreements described and contained in this Agreement, and for other good and valuable consideration, the 2 receipt and sufficiency of which are hereby acknowledged and further described herein, the Parties agree as follows: ARTICLE I RECITALS The recitals set forth above are declared true and correct by the Parties and are hereby incorporated as part of this Agreement. ARTICLE II AUTHORITY AND TERM 1. Authority. The City's execution of this Agreement is authorized by Chapter 380 of the Texas Local Government Code and constitutes a valid and binding obligation of the City. The City acknowledges that Business is acting in reliance upon the City's performance of its obligations under this Agreement in making the decision to commit substantial resources to the establishment of the "Project" in the above recitals. 2. Term. This Agreement shall become enforceable upon the Effective Date, hereinafter established, and shall continue until the Expiration Date, hereinafter established, unless terminated sooner or extended by mutual agreement of the Parties in the manner provided for herein. 3. Purpose. The purpose of this Agreement is to formalize the agreements between the Business and the City for the granting of funds to cover certain costs associated with the Project and specifically state the covenants, representations of the Parties, and the incentives associated with Business's commitment to abide by all applicable law and to abide by the terms of this Agreement, which has been approved by the City and the Business. It is expressly agreed that this Agreement constitutes a single transaction. A failure to perform any obligation by the Business may constitute a breach of the entire Agreement and terminate any further commitments (if any) by the City unless an alternative penalty or remedy is provided for herein. 4. Administration of Agreement. Upon the Effective Date, the City delegates the administration and oversight of this Agreement to the Anna Community Development Corporation acting through the City's Economic Development Director. Any proposed amendments to this Agreement shall require the approval of the City. ARTICLE III DEFINITIONS As used in this Agreement, the following terms shall have the meanings ascribed below. All undefined terms shall retain their usual and customary meaning as ascribed by common and ordinary usage. "Anniversary/Year" - Performance and incentive calculations based upon years and anniversaries as used in this Agreement shall be calculated with the year and date zero beginning on the date the last party signs this agreement and first anniversary is twelve (12) months from that date, and so on with each year and anniversary from that date forward. "Bankruptcy" shall mean the dissolution or termination of a Party's existence as a going business, insolvency, appointment of receiver for any part of such Party's property and such appointment is not terminated within ninety (90) days after such appointment is initially made, any general assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against such party and such proceeding is not dismissed within ninety (90) days after the filing thereof. "Default", unless otherwise specifically defined or limited by this Agreement, shall mean failure by any Party to timely and substantially comply with any performance requirement, duty, or covenant. "Effective Date" shall be the date of the last signing by a party to the agreement. "Expiration Date" shall mean the earlier of: 1. The first Anniversary of the Effective Date; or 2. The date of termination, provided for under Article VI of this Agreement. "Force Majeure" shall mean any contingency or cause beyond the reasonable control of a party, including, without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection, government or de facto governmental action (unless caused by the intentionally wrongful acts or omissions of a party), fires, explosions or floods, strikes, slowdowns or work stoppages. "Incentive Grant" means that money provided to the Business as an incentive for the creation and retention of workers and labor force in Anna, Texas. "Project" shall mean the Business's promise and agreement herein to use the COVID-19 relief funds awarded by the City to contribute to the City of Anna by helping retain jobs and increase employment back to the numbers prior to the COVID-19 National Disaster, as well as to train its employees on how to conduct business safely and in accordance with Center for Disease Control standards during this and any future similar National Disaster declaration. ARTICLE IV CITY OBLIGATION 1. COVID-19 Relief Award. City shall pay a one-time payment of up to $5,000 ("Incentive Grant") to Business as its COVID-19 relief funds in accordance with the Project, which shall be made available via direct deposit or mailed by check by the City. El 2. Incentive Grant. The Incentive Grant is being awarded to Business for it to expand to the size, enterprise and/or revenue levels experienced by the Business prior to the National Disaster declaration and COVID-19 pandemic crisis that caused economic and business retraction. Business is obligated to retain jobs or increase its employment or payroll back or business enterprise back to the numbers prior to the COVID-19 National Disaster, as well as to train its employees on how to conduct business safely and in accordance with Center for Disease Control standards during this and any future similar National Disaster declaration. Business further agrees to provide City with the following information on or before the Expiration Date: (a) 2020 ad valorem tax receipt showing Business's personal property taxes paid for 2020 (should be available February 2021 at latest); (b) February 2021 Texas Comptroller of Public Accounts sales tax receipt; and, (c) Texas Workforce Commission's Unemployment Tax Services Employer's Quarterly Report filed January 2021 (or comparable TWC statement or receipt showing payroll numbers for January 2021). 3. Confidentiality. The City agrees to the extent allowed by law to keep all tax information and documentation received, pursuant to this Agreement hereof, confidential. In the event a request is made for such information, City will not disclose the information unless required to do so by the Attorney General of Texas or other authority having valid jurisdiction. 4. Current Revenue. The funds distributed hereunder shall be paid solely from lawfully available funds of the City. Under no circumstances shall the obligations hereunder be deemed to create any debt within the meaning of any constitutional or statutory provision. None of the obligations under this Agreement shall be pledged or otherwise encumbered in favor of any commercial lender and/or similar financial institution. ARTICLE V COVENANTS AND DUTIES 1. Business's Covenants and Duties. Business makes the following covenants and warranties to the City and agrees to timely and fully perform the obligations and duties contained in Article IV of this Agreement. Any false or substantially misleading statements contained herein or failure to timely and fully perform those obligations and duties within this Agreement shall be an act of Default by the Business. (a) Business is authorized to do business and is in good standing in the State of Texas and shall remain in good standing in the State of Texas and the United States of America during any term of this Agreement. 9 (b) The execution of this Agreement has been duly authorized by Business's authorized agent, and the individual signing this Agreement is empowered to execute such Agreement and bind the entity. Said authorization, signing, and binding effect is not in contravention of any law, rule, regulation, or of the provisions of Business's by-laws, or of any agreement or instrument to which Business is a party to or by which it may be bound. (c) Business is not a party to any Bankruptcy proceedings currently pending or contemplated, and Business has not been informed of any potential involuntary Bankruptcy proceedings. (d) To its current, actual knowledge, and subject to the Certificate of Occupancy (or other approvals and permits necessary for the operations of the Business), Business has acquired and maintained all necessary rights, licenses, permits, and authority to carry on its business in the City of Anna and will continue to use its best efforts to maintain all necessary rights, licenses, permits, and authority. (e) Business shall timely and fully comply with all of the terms and conditions of this Agreement. (f) Business shall cooperate with the City in providing all necessary information to assist them in complying with this Agreement. (g) During the term of this Agreement, Business agrees to not knowingly employ any undocumented workers as part of the Project, and, if convicted of a violation under 8 U.S.C. Section 1324a(1), Business shall be in Default (subject to the obligations in Article IV and the remedies in Article VII). Business is not liable for an unknown violation of this Section by a subsidiary, affiliate, or franchisee of Business or by a person with whom Business contracts; provided, however, that identical federal law requirements provided for herein shall be included as part of any agreement or contract which Business enters into with any subsidiary, assignee, affiliate, or franchisee for which funds provided herein will be used. (h) Business shall not be in arrears and shall be current in the payment of all City taxes and fees. (i) City has the right to periodically (and with reasonable advance notice) verify the terms and conditions of this Agreement. 2. Compliance and Default. Failure by Business to timely comply with any performance requirement, duty, or covenant shall be considered an act of Default and shall give the City the right to terminate this Agreement and collect the Recapture Amount, as determined by the City. ARTICLE VI TERMINATION 3 1. Termination. This Agreement shall terminate upon the earliest occurrence of any one or more of the following: (a) The written agreement of the Parties; (b) The Agreement's Expiration Date; (c) Default by Business (at the option of the City). ARTICLE VII DEFAULT 1. Business Events of Default. (a) Failure of Business to perform under this Agreement. (b) City determines that any representation or warranty contained herein or in any application, financial statement, certificate, report or opinion submitted to City in connection with or pursuant to the requirements of this Agreement was incorrect or misleading in any material respect when made; or (c) Any judgment is assessed against Business or any attachment or other levy against the property of Business with respect to a claim remains unpaid, unstayed on appeal, undischarged, not bonded or not dismissed for a period of thirty (30) days; or (d) Business makes an assignment for the benefit of creditors; admits in writing its inability to pay its debts generally as they become due; files a petition in Bankruptcy; is adjudicated insolvent or bankrupt; petitions or applies to any tribunal for any receiver or any trustee of Business or any substantial part of its property, commences any action relating to Business under any reorganization, arrangement, readjustment of debt, dissolution or liquidation law or statute of any jurisdiction whether now or hereafter in effect; or if there is commenced against Business any such action and such action remains undismissed or unanswered for a period of sixty (60) days from such filing, or Business by any act indicates its consent to or approval of any trustee of Business or any substantial part of its property; or suffers any such receivership or trustee to and such appointment remains unvacated for a period of sixty (60) days; or (e) Business substantially changes its present ownership without written notification to City within thirty (30) days of such change; or (f) Business changes the general character of business as conducted at the date hereof or engages in any type of business not reasonably related to its business as presently and normally conducted. 2. Remedies for Default. 7 (a) In the event of Default by the Business, the City shall, as its sole and exclusive remedy for Default hereunder, have the right to terminate this Agreement and to recapture one hundred percent (100%) of the Incentive Grant (the "Recapture Amount") if the Default occurs on or prior to the termination date. (b) Business agrees a remedy for Default is the City seeking a mandamus from a court of competent jurisdiction; or the appointment of a receiver in equity with the power to charge and collect rents, purchase price payments, and loan payments; and, apply the revenue from the Project in accordance with this Agreement. ARTICLE VIII MISCELLANEOUS Binding Agreement. The terms and conditions of this Agreement shall be binding on and inure to the benefit of the Parties, and their respective successors and assigns. The Economic Development Director or City Manager shall be responsible for the administration of this Agreement and shall have the authority to execute any instruments, duly approved by the City, on behalf of the Parties related thereto. 2. Mutual Assistance. The Parties will do all things reasonably necessary or appropriate to carry out the terms and provisions of this Agreement and to aid and assist each other in carrying out such terms and provisions. 3. Representations and Warranties. The City represents and warrants to Business that this Agreement is within their authority, and that they are duly authorized and empowered to enter into this Agreement, unless otherwise ordered by a court of competent jurisdiction. Business represents and warrants to the City that it has the requisite authority to enter into this Agreement. 4. Assignment. Business shall have the right to assign all of its rights, duties, and obligations under this Agreement to a duly qualified third party with prior written approval of the City. Any assignment provided for herein shall not serve to enlarge or diminish the obligations and requirements of this Agreement, nor shall they relieve Business of any liability to the City, including any required indemnity in the event that any Assignee hereof shall at any time be in Default of the terms of this Agreement. The City may demand and receive adequate assurance of performance including the deposit or provision of financial security by any proposed Assignee prior to its approval of an assignment. 5. Independent Contractors. (a) It is expressly understood and agreed by all Parties hereto that in performing their services hereunder, Business at no time will be acting as an agent of the City and that all consultants or contractors engaged by Business respectively will be independent contractors of Business; and nothing contained in this Agreement is intended by the Parties to create a partnership or joint venture between the Parties and any implication to the contrary is hereby expressly disavowed. The Parties hereto understand and agree that the City will not be liable for any claims that may be asserted by any third party occurring in connection with services performed by Business respectively under this Agreement. (b) By entering into this Agreement, except as specifically set forth herein, the Parties do not waive, and shall not be deemed to have waived, any rights, immunities, or defenses either may have, including the defense a party, and nothing contained herein shall ever be construed as a waiver of sovereign or official immunity by the City with such rights being expressly reserved to the fullest extent authorized by law and to the same extent which existed prior to the execution hereof. (c) No employee of the City, or any board member, or agent of the City, shall be personally responsible for any liability arising under or growing out of this Agreement. 6. Notice. Any notice required or permitted to be delivered hereunder shall be deemed delivered by actual delivery, or on the first business day after depositing the same in the hands of a reputable overnight courier (such as United States Postal Service, FedEx or UPS) and addressed to the Party at the address set forth below: If intended for City: City of Anna Attention: City Manager 111 N. Powell Pkwy Anna, TX 75409 With a copy to: Wolfe, Tidwell & McCoy, LLP Attention: Clark McCoy 2591 Dallas Pkwy, Ste 300 Frisco, TX 75034 If to the Business: Any Party may designate a different address at any time upon written notice to the other Parties. 7. Governmental Records. All invoices, records and other documents required for submission to the City pursuant to the terms of this Agreement are Governmental Records for the purposes of Texas Penal Code Section 37.10. 8. Governing Law. The Agreement shall be governed by the laws of the State of Texas, and the venue for any action concerning this Agreement shall be in the Courts of Collin County. The Parties agree to submit to the personal and subject matter jurisdiction of said court. I 9. Amendment. This Agreement may be amended only by mutual written agreement of the Parties. 10. Legal Construction. In the event any one or more of the provisions contained in this Agreement shall, for any reason, be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect other provisions of this Agreement, and it is the intention of the Parties to this Agreement that, in lieu of each provision that is found to be illegal, invalid, or unenforceable, a provision be added to this Agreement which is legal, valid and enforceable and is as similar in terms as possible to the provision found to be illegal, invalid, or unenforceable. Each of the Parties has been represented by counsel of their choosing in the negotiation and preparation of this Agreement. Regardless of which Parry prepared the initial draft of this Agreement, this Agreement shall, in the event of any dispute, whatever its meaning or application, be interpreted fairly and reasonably and neither more strongly for or against any Party. 11. Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter covered in this Agreement. There is no other collateral oral or written agreement between the Parties that, in any manner, relates to the subject matter ofthis Agreement, except City approved amendments to this Agreement. 12. Paragraph Headings. The paragraph headings contained in this Agreement are for convenience only and will in no way enlarge or limit the scope or meaning of the various and several paragraphs. 13. Counterparts. This Agreement may be executed in counterparts. Each of the counterparts shall be deemed an original instrument, but all of the counterparts shall constitute one and the same instrument. 14. Survival of Covenants. Any of the representations, warranties, covenants, and obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period of time following the termination of this Agreement shall survive termination. 15. Indemnification. BUSINESS AGREES TO DEFEND, INDEMNIFY AND HOLD THE CITY OF ANNA AND THE ANNA COMMUNITY DEVELOPMENT CORPORATION AND THEIR RESPECTIVE OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY, "RELEASE PARTIES"), HARMLESS FROM AND AGAINST ANY AND ALL REASONABLE LIABILITIES, DAMAGES, CLAIMS, LAWSUITS, JUDGMENTS, ATTORNEY FEES, COSTS, EXPENSES AND ANY CAUSE OF ACTION THAT DIRECTLY RELATES TO ANY OF THE FOLLOWING: ANY ACT OR OMISSION 10 OR BREACH OR NON-PERFORMANCE BY BUSINESS UNDER THIS AGREEMENT EXCEPT THAT THE INDEMNITY PROVIDED HEREIN SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE ACTION OR OMISSIONS OF THE RELEASED PARTIES. THE PROVISIONS OF THIS SECTION ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY.. 16. Additional Instruments. The Parties agree and covenant to cooperate, negotiate in good faith, and to execute such other and further instruments and documents as may be reasonably required to fulfill the public purposes provided for and included within this Agreement. 17. Force Majeure. Whenever a period of time is herein prescribed for action to be taken by the Business, the Business shall not be liable or responsible for, and there shall be excluded from the computation of any such period of time, any delays due to causes of any kind whatsoever which are caused by Force Majeure. [SIGNATURE PAGE(S) FOLLOW]: 11 Executed on this day of 2020. Business: Signed: By: Title: Executed on this day of 2020. CITY OF ANNA Name: Jim Proce, City Manager 12 Exhibit C List of 18 Businesses Recommended by the CDC Board for Phase 1 to each receive a $5,000 grant • Spurlock's Malt Shop • Big Brothers Pest Control • Anna Signs LLC / Got Signs and More • Crow's Country Cafe • Italian Villa • My Estrella Mexican Cuisine • Joe's Italian Bistro / Yvonne Inc • Bow Wow Boutique • Frazzy's Gourmet Popcorn • Texas Embroidery Ranch • Crossfit TBR LLC Salon Zaina • VK Donuts / Cafe Express • Perin's Taekwondo Center • Jefecito Mexican Restaurant • Let's Taco Bout it • A N Donuts • Zoo Health Club / Fitness Zoo Inc • Eagle's Wings Athletics / EWA Anna, Inc. Big Brothers Pest Anna Signs LLC / Got Business Name Spurlock's Malt Shop Control Signs and More Business Owner Name(s) Kristi S. Perez Paul Lindsey Joshua and Betty Need 3115 N. Powell Parkway, Address 504 N. Powell Parkway Suite B 117 S. Powell Parkway Uses for Grant food cost, electrical rent, utilities, monty work, equipment repair, new equiptment for new operating subscription utilities, rent employees (software for design) Applications PPP Loan - approved N/A EIDL - pending shut down dining room; lost employees to quarantine; food costs 69% loss of revenue Revenue Change increased; food since April; $3,000 in shortage; fallen behind loss of 11% monthly cancelled orders in Ion utilities Irevenue IMarch Confirm Sales Tax Payer January February February Update / Notes hin City Limits i Y Y Y Meets Eligibility? Yes Yes Yes My Estrella Mexican Joe's Italian Bistro / Crow's Country Cafe Italian Villa Cuisine Yvonne Inc Lee Chhoa Viona Vraiqi Erica Santibanez Dritow Ulas 804 S. Central 810 W. White Street 113 W. 4th Street Expressway, Suite #212 #700 403 N. Powell Parkway utility bills, supply rent, utilities, employee invoices, uniform help out employees, wages services rent, utilities food costs PPP - approvved PPP - pending PPP - approved $22,570 PPP - approved 75% reduction in sales 150% decline in revenue 140-50% loss 140-50% less February February February February Y Y Y Y Yes Yes Yes Yes Frazzy's Gourmet Bow Wow Boutique Texas Embroidery Ranch Crossfit TBR LLC Popcorn Richard and Melisa Heather Cadaret Hazel Attaway Burton Shaun Hiller 811 S. Interurban St, 2010 W. White Street Suite A #132 104 S. Powell Parway 801 CR 286 Suite 506 hire new employee, new equiptment, supplies, rent, utilities, employee employee training, pay sales tax, payroll, advertising, operational payroll, website and equipment and supplies order product expenses social media content PPP - approved $10,000; No SBA Loan - in review EIDL - no response EIDL $12,0000 $12,500 loss based on lost 100% merchandise average sales in April last and sports consumables year (closed all April income (supplements, 2020) estimated decline of 42% Loss 60% sports drinks) No evidence of sales tax No evidence of sales tax No evidence of sales tax February payment in Jan or Feb. payment in Jan or Feb. payment in Jan or Feb. provided receipt of sales provided receipt of sales provided receipt of sales tax payment tax payment tax payment Y EM IY IY IY Yes Yes Yes Yes VK Donuts / Cafe Perin's Taekwondo Jefecito Mexican Salon Zaina Express Center Restaurant Saedah Elhodoli Vannara Khoy Michael Perin Gloria Vega 2513 N. Powell Parkway 816 S. Powell Parkway #200 701 W. White Street #1 121 West 4th Street lease payments, utility utilities, phone, supplies, payments, business purchase supplies, pay rent, utilities, supplies rent development utilities PPP - approved not yet PPP - approved $14,600 N/A revenue began decline in February; down 30% 100% loss of revenue from this time last year customers down 60% revenue reduced by 50% since closure March 18 No evidence of sales tax No evidence of sales tax No evidence of sales tax No evidence of sales tax payment in Jan or Feb. payment in Jan or Feb. payment in Jan or Feb. payment in Jan or Feb. provided receipt of sales provided receipt of sales provided receipt of sales provided receipt of sales tax payment tax payment tax payment tax payment inlism IY IY Yes Yes Yes Yes Zoo Health Club / Eagle's Wings Athletics / A N Donuts Let's Taco Bout it Fitness Zoo Inc EWA Anna, Inc. Sin (Sue) Park Eva Hernandez Ray Shoaf Bret and Rachel Sout 807 South Central 2513 N. Powell Parkway, 603 S. Powell Parkway Expressway, Suite 300 Suite 400 801 CR, 286, Sute 502 off -set loss of tuition for employee salaries, food pay lease, equiptment families who are unable hire back cashier vendors, utilities, rent lease, payroll, utilities to return due to job loss EIDL - on hold PPP - no response PPP - approved $4,700 PPP - approved $79,000 loss of 25% income in 75% drop due to closure April, 100% income in revenue fallen about decline up to 85% in and freezing May and will miss 75% in 75% lm food sales memberships June No evidence of sales tax No evidence of sales tax No evidence of sales tax No evidence of sales tax payment in Jan or Feb. payment in Jan or Feb. payment in Jan or Feb. payment in Jan or Feb. provided receipt of sales provided receipt of sales provided receipt of sales provided receipt of sales tax payment tax payment tax payment tax payment Y IY IY Yes Yes Yes Yes Anytime Fitness /Workout Anna Food Mart / Mill Anytime Anna Studio J Your Family and Bill, Inc. Lonestar Fitness Center / M4 Anna LLC Hair Salon LLC Mohammad Awwal Sanket Desai John Waskow Richard and Traci Curtis 2513 N. Powell Parkway 804 S. Central 2010 W. White Street #500 Expressway #140 2010 W. White Street gift to stylists and barber who lost 75% of their income; advertising, donated haircuts to Breaking Free and Anna rent, utilities, employees rent, utilities utilities, equipment, rent ISD PPP - approved waiting to hear back PPP - approved $27,642 PPP - approved $36,000 100% loss of revenue 100% loss of revenue Lost over $20,000 in 7 20/25% revenue change since March 20 from March 20 - May 18 week closure No evidence of sales tax No evidence of sales tax No evidence of sales tax February payment in Jan or Feb. payment in Jan or Feb. payment in Jan or Feb. provided receipt of sales provided receipt of sales provided receipt - no tax payment tax payment local sales tax payment i ly ly EME Grocery stores, farmers markets, and food markets /// Gas stations and affiliated or owned by affiliated or owned by does not pay local sales convenience stores national / regional chainsi national / regional chains tax ARH Christian Care Essential Nail & Spa Namaste Fit, LLC Kangaroo Pouch Academy Inc. Jessica Price and Rhonda Hai Pham Josh Greathouse Rubio Andrea Hines 2010 W. White Street, Suite 150 811 S. Interurban, Unit B 9090 CR 423 3220 N. Powell Parkway moving costs from Anna payroll, cleaning payroll, marketing, rent, ISD location to storage supplies, rent, utilities, rent, utilites, payroll utilities container PPE for staff and children PPP - application EIDL - $10,000 SBA - $1,000 processed No Answer Salon was closed 45 40% decrease in days; lost approx. attendance since early $60,000 in revenue 50% decrease March lost about 75% of clients No evidence of sales tax No evidence of sales tax No evidence of sales tax No evidence of sales tax payment in Jan or Feb. payment in Jan or Feb. payment in Jan or Feb. payment in Jan or Feb. confirmed - does not pay confirmed - does not pay confirmed - does not pay confirmed does not pay sales tax sales tax sales tax sales tax Y MME IY JY - residential IY No evidence of local No evidence of local No evidence of local sales tax payment and does not pay local sales sales tax payment sales tax payment home -based business tax Nature's Purpose Andy Torres State Farm Massage Kelly Almand Any Torres 701 W. White Street, 114 S. Riggins Street Suite 2A y, , N-G 15 20ot dreg in new npayment No evidence of sales tax No evidence of sales tax payment in Jan or Feb. payment in Jan or Feb. Withdrew application Withdrew application 6/2/2020 6/1/2020 Y - Residential IY affiliated or owned by national / regional Confirmed does not pay chains; confirmed does sales tax not pay sales tax THE CITY OF AiAtia AGENDA ITEM: Item No. 7. City Council Agenda Staff Report Meeting Date: 6/9/2020 Discuss/Consider/Act on a Resolution authorizing the City Manager to execute a task order agreement for right-of-way acquisition services with Cobb Fendley & Associates, Incorporated. (Director of Public Works Greg Peters, P.E.) SUMMARY: Rosamond Parkway is a major thoroughfare and key Capital Improvement Project shown in the City of Anna's Master Thoroughfare Plan and the City Council's Strategic Plan. (Strategic Plan Goal 2: Sustainable Anna Community Through Planned, Managed Growth) Cobb Fendley is currently working on the 90% plans for Rosamond Parkway from US 75 to SH 5. At this point in the project it is time to begin the right-of-way acquisition process to obtain the needed property to construct the road. Staff has reviewed the task order from Cobb Fendley for ROW acquisition services and finds the scope and cost to be correct for the project. The total cost of these services shall not exceed $47,500, and will be paid through Roadway Impact Fees. STAFF RECOMMENDATION: Staff recommends approval of the resolution as presented. ATTACHMENTS: Description Upload Date Type Resolution and Task Order - Rosamond Parkway Task 6/2/2020 Resolution Order CITY OF ANNA, TEXAS RESOLUTION NO. 2020- - A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A TASK ORDER BY AND BETWEEN THE CITY OF ANNA, TEXAS AND COBB FENDLEY & ASSOCIATES, INCORPORATED, IN AN AMOUNT NOT TO EXCEED FORTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS ($47,500.00) AS SHOWN IN EXHIBIT "A" ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Rosamond Parkway is shown in the City of Anna Master Thoroughfare Plan and the City Council Strategic Plan as a critical Capital Improvement Project, and; WHEREAS, as a key component of constructing the road the City must acquire the necessary right-of-way, and; WHEREAS, Cobb Fendley & Associates has provided a task order for Right-of-way Acquisition Services, and; WHEREAS, the project shall be funded through Roadway Impact Fees; 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 task order agreement as shown in Exhibit "A" attached hereto. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this day of 20_ APPROVED: Nate Pike, Mayor ATTEST: Carrie Land, City Secretary EXHIBIT "A" .' CobbFendley TASK ORDER MASTER SERVICE AGREEMENT (MSA), Task Order No. 17-04A Pursuant and subject to the above captioned MSA dated April 11, 2017 between Cobb Fendley & Associates, Inc. and the City of Anna, Texas . CLIENT hereby requests that CONSULTANT performs the work described below upon the terms set forth: CLIENT PROVIDED INFORMATION: Work Site: West Rosamond Parkway 0.H. 75 to Anna High School) Work to Be Performed: ROW Acquisition Services Drawings, plans, specifications ( (are not) attached: N/A Date and Time to Commence: Date of Task Order acceptance Date and Time to Complete: N/A Equipment, vehicles, tools, materials, supplies to be furnished or obtained through third parties by CLIENT (if any): N/A Invoice Mailing Instructions: Per MSA Other Requirements or Variance from MSA (if any): N/A Compensation: See Attached Exhibit B (IF THE CITY IS SEEKING REIMBURSEMENT FROM A DEVELOPER OR THIRD PARTY, THE CITY IS RESPONSIBLE FOR PAYING THE ENGINEER WITHIN 30 DAYS OF INVOICE AND SEEKING REIMBURSEMENT FROM THE THIRD PARTY. PAYMENT TO THE ENGINEER IS NOT CONTINGENT ON THE CITY RECEIVING REIMBURSEMENT FROM THE THIRD PARTY) Scope of Work: See attached Exhibit A. ACCEPTANCE: The foregoing TASK ORDER is accepted on the terms set forth as indicated by the signatures below. CONSULTANT Cobb, Fendley Associates, Inc. By: Printed Name: e Title: Date: (j - 2 % - %% CLIENT City of Anna, Texas By: Printed Name: Title: Date: CobbFendley EXHIBIT A SCOPE OF SERVICES PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS, AND COBB, FENDLEY & ASSOCIATES, INC. FOR ROW ACQUISITION SERVICES FOR WEST ROSAMOND PARKWAY FROM I.H. 75 TO ANNA HIGH SCHOOL I. PROJECT DESCRIPTION Cobb, Fendley & Associates, Inc. (CobbFendley) will provide professional right-of-way acquisition services for West Rosamond Parkway from I.H. 75 to Anna High School. II. PROJECT MANAGER Paul Carline, P.E. Senior Project Manager 2801 Network Boulevard, Suite 800 Frisco, Texas 75034 972-335-3214 pcarline@cobbfendley.com Ill. TASK SUMMARY Task 6 — ROW Acquisition Services This task order assumes no TxDOT funds are involved. If TxDOT funds are involved, additional services would be required to comply with their Local Public Agency (LPA) guidelines and requirements for obtaining reimbursement. Consultant agrees to perform the following Services after receiving Notice to Proceed from Client: 1) Project Administration a) Document Management / Reporting i) Maintain Parcel records on file of all aspects of the acquisition process in accordance with Client requirements and the Law. Close out files in electronic copy or as requested by Client. ii) Maintain and electronically transmit, in a format acceptable to Client, weekly status reports including all Parcels and activities related to Project ROW. Participate in status meetings as requested by Client. iii) Maintain records of all payments including check number, amount and date paid, etc. E° CobbFendley iv) Maintain copies of all correspondence and contacts with property owners. 2) Introduction to Property Owners a) Prepare initial property owner contact list and send out initial contact letters of introduction for property owners. The letters shall clearly describe the Project, Client's need for the owner's property, and shall include the name and telephone number of Client's representative as well as the Landowners Bill of Rights. The forms for these letters shall be approved by Client prior to use. 3) Title Services/Closing Services a) If desired, select and contract with one or more title companies and secure a preliminary title commitment or preliminary title report, and, if necessary or appropriate, copies of all underlying documents. Cost of the preliminary title commitment or preliminary title report is paid by Client and not included in the Scope of Services. b) Notify the title company, in writing, which exceptions should be removed, including easements that (a) are appurtenant to and/or of benefit to the Parcel but not included in the Parcel to be acquired, and (b) are a burden on the Parcel and not acceptable. c) Review the preliminary title commitment or report to ensure that all current owners of record title are contacted and that negotiations or condemnation actions are conducted with all appropriate parties. d) Work with the current owners of record title to each Parcel or interest in a Parcel or their designee and all other appropriate parties to clear any title exceptions or exclusions not acceptable to Client. e) Secure an owner's policy of title insurance in the amount of the total acquisition cost for each Parcel acquired, whether by deed or eminent domain judgment, insuring title as required by Client. All Project ROW shall be acquired in fee simple absolute or easement interest as appropriate, free and clear of any and all liens and unacceptable encumbrances. Cost of the title insurance is paid by Client and not included in the Scope of Services. f) Prepare the escrow agreement and closing documents, including a closing memorandum identifying all parties involved in the closing, and listing all documents to be executed and/or delivered in connection with the closing. g) Provide title curative documents and exhibits as required and in conjunction with the applicable title company. Confirm that all conditions to closing have been satisfied and notify Client of all closing appointments. h) Deliver original, recorded deed within ten Business Days after the title company receives the recorded deed. 4) Appraisal Services (only if an agreement can't be reached based on initial offer) a) Provide fair market value appraisals prepared by appraisers meeting the minimum qualifications established herein. All appraisals shall be prepared in conformance with the Law (including the Uniform Act), and in accordance with 0 an �� CobbFendley professional appraisal methods and applicable Client standards for all Parcels to be acquired by Client. b) Establish pre -appraisal contact with each owner of record title and each occupant, and document all contacts using acceptable forms. c) Contact the record title owners or their designated representatives, in writing, to offer them the opportunity to accompany the appraiser on the appraiser's inspection of the Parcel, and maintain a record of all such contacts in the Parcel file. d) Prepare a complete appraisal report for each Parcel to be acquired to include the whole property, the portion to be acquired, and any damages to the remainder. The appraisal reports shall satisfy the requirements of the USPAP in effect at the time the appraisal is submitted. Special analyses, studies or reports, as necessary, shall be made a part of each appraisal. The appraiser must use the most current edition of the standards referenced above and continually monitor these standards to ensure the appraisals conform to the most current requirements of professional appraisal practice. e) Obtain and provide copies of all written leases, licenses and other occupancy agreements, including outdoor advertising/sign agreements, in order to identify lessees, licensees and other occupants with potential compensable interests in each Parcel and to determine the value of such interest(s). f) As necessary, the appraiser(s) shall testify as an expert witness(es) or provide expert witness(es) in eminent domain proceedings through Special Commissioners' hearings. Appraiser shall also provide administrative and/or technical support for such proceedings as requested by Client. Attend pre - hearing meetings as required by Client. g) Prepare and deliver, upon request, a copy of all file documents, as formally requested in discovery motions or request for production. h) Appear and provide expert witness testimony as an appraiser when requested for eminent domain proceedings through Special Commissioners' hearings. 5) Negotiation Services a) Conduct all negotiations in accordance with the requirements of the Law. b) Confirm Client's approved value prior to making an offer for each Parcel. c) Analyze the preliminary title report to determine potential title problems, propose methods to cure title deficiencies. d) Prepare the initial offer letter, memorandum of agreement, instruments of conveyance, and any other documents required or requested by Client on applicable forms. e) Contact each property owner or owner's designated representative, in person where practical, to present the offer and deliver appropriate brochures. Maintain follow-up contacts and secure the necessary documentation and title curative work upon acceptance of the purchase offer. f) At the time of offer, produce and distribute to all property owners and displacees, Client- approved informational brochures, as appropriate. �' CobbFendley g) Identify lessees, licensees, occupants, or other parties with potential compensable interests including outdoor advertising sign owners, and, if appropriate, after consultation with Client, negotiate with such parties for the acquisition of their compensable interests. h) Advise the property owners, lessees, licensees, occupants, and other holders of compensable interests, as applicable, of the counter offer process. Confer with and transmit to Client any counter offer request from property owners, lessees, licensees, occupants, or other holders of any compensable interest, as applicable, including a detailed recommendation in accordance with standards, manuals and procedures. Client shall determine whether to accept a counter offer. Delivery of the counter offer request with a recommendation to Client will occur within five Business Days of receipt of the counter offer request. i) At the request of Client, participate in the evaluation of the counter offer request and attend the review committee meeting. j) Provide a letter with the Counter offer Committee's response to the property owner, lessee, licensee, occupant, or other holder(s) of a compensable interest, as applicable. Consultant shall deliver all settlement responses within three Business Days after receipt. k) Notwithstanding an unsuccessful completion of the formal counter offer process, Client with the assistance of Consultant may, in its sole discretion, engage in ongoing negotiations with the holders of compensable interests. Said negotiations may continue until such time as the filing of a condemnation petition. 1) Provide response to the verbal or written inquiries of any property owner, lessee, licensee, occupant or other holder of a compensable interest within two Business Days. m) Prepare a negotiator contact report for each meeting or conversation with any person (or their appointed representative(s) supported by a written confirmation of appointment) who has a compensable interest in each Parcel. Contact reports shall also be prepared for unsuccessful attempts to contact such persons. n) Maintain a complete Parcel file for each Parcel. All original documentation related to the purchase of the real property interests will be maintained (housed separately from the relocation files) in conformance with Client standards, manuals, and procedures. o) Prepare and deliver documents of conveyance (including bisection clause and access clause, if applicable) to the property owner, lessee, licensee, occupant, or other holder of any compensable interest, as applicable, and obtain their execution of the same. All signatures on documents to be recorded shall be notarized in accordance with the Law. p) If an agreement isn't reached based on the initial offer, obtain an appraisal report for the subject property. Prepare and deliver a final offer letter to the property owners, lessees, licensees, occupants, or other holders of any compensable interest, as applicable. Said final offer letter will include the appraisal report to comply with Chapter 21 of the Texas Property Code. 2 0 01' on so CobbFendley SERVICE REQUIREMENTS OF CLIENT: Services shall include, but are not limited to the following: 6) Provide timely reviews and approval of submissions. 7) Provide any Client standard forms and brochures. 8) Process and issue all payments of approved purchase prices for each parcel. �' CobbFendley EXHIBIT B COMPENSATION SCHEDULE PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS, AND COBBFENDELY & ASSOCIATES, INC. FOR ROW ACQUISITION SERVCES FOR WEST ROSAMOND PARKWAY FROM I.H. 75 TO ANNA HIGH SCHOOL Parcel Collin CAD ID Owner Title/Closing Service Negotiation Service Appraisal Service* 1 1011960 Risland Mantua LLC $1,000 $4,500 $4,000 2 2745487 Anna 18 LLC $1,000 $4,500 $4,000 3 1013726 LHJH Properties LTD $1,000 $4,500 $4,000 4 1011915 Anna Texas Land LTD $1,000 $4,500 $4,000 5 2112107 Jonic Investments LTD $1,000 $4,500 $4,000 Totals: 5 Parcels $5,000 $22,500 $20,000 *If Necessary. Maximum not to exceed amount for these 5 parcels is $47,500. Payment Milestones 1) Appraisal Services a) Paid on a per Parcel basis. Fees to be obtained as appraisals are deemed necessary. b) Milestones i) 100% of the per Parcel sum to be paid upon delivery of a complete and acceptable appraisal reportforeach applicable Parcel. 2) Title/Closing Services a) Paid on a per Parcel basis according to the Fee Schedule. b) Milestones i) 50% of the per Parcel sum to be paid upon obtaining the title commitment. ii) 50% of the per Parcel sum to be paid upon obtaining a title policy and providing it to Client. 3) Negotiation Services a) Paid on a per Parcel basis according to the Fee Schedule. b) Milestones i) 40% of the per Parcel sum to be paid upon presentation of the offer package for each Parcel. ii) 35% of the per Parcel sum to be paid upon presentation of the final offer, or upon payment submission for each Parcel. iii) 25% of the per Parcel sum to be paid upon successful negotiation and recordation of all instruments of conveyance. THE CITY OF AiAtia AGENDA ITEM: Item No. 8. City Council Agenda Staff Report Meeting Date: 6/9/2020 Discuss/Consider/Act on developing designated truck routes in the City of Anna. (Director of Public Works Greg Peters, P.E.) SUMMARY: Staff needs to discuss and seek input on the development of a truck route plan. There are several considerations with regard to establishing enforceable truck route plans that include but are not limited to - restrictions and prohibitions on County and State roadways -joint jurisdictional roadways - legal restrictions of truck routes - weight ratings on bridges - enforcement of restrictions - comprehensive approach versus selective approach (Strategic Plan Goal 3: Anna - A Great Place to Live) STAFF RECOMMENDATION: Staff is seeking feedback from the City Council on the desire to create designated truck routes in the City of Anna. Based upon Council feedback, staff will develop a plan to address the City needs. ATTACHMENTS: Description Upload Date Type Truck Route Presentation 6/3/2020 Presentation THE CITY OF Truck Routes City Council June 9, 2020 Overview ■ Current problems with trucks ■ What are truck routes? ■ What exceptions are there? ■ Benefits of designated truck routes ■ Unintended consequences of designated truck routes ■ Implementation challenges ■ Example Mutual Boundary Road ■ Next Steps THE CITY OF manna Problem #1— Driving Apps CG I u Many truck drivers use a driving app to travel to their destination. Driving Apps usually show the most direct route, or shortest distance. The best route, or route desired by the community could be different. THE CITY OF Ana Problem #2 — Driver Shortage 2MOM Driver Shortage 18a,Uaa 1 &Q,Q,0a 140. 0 -64 i�u.oaa Nofi�,fl00 2012 2013 2014 2015 2016 2017 2018 2019 2020 �021 nurr.e: ATA's TrurA driver ShomVp Anwiysis 2Di 7 2022 2023 2024 2025 2026 TRUIII firr,+�=�Lraica F�wuii There is a shortage of qualified truck drivers in the United States, and the industry sees major turnover. This means that companies are constantly changing driver staff, and may be forced to hire less experienced drivers who may not understand the impacts of taking an undesirable route. THE CITY OF ma Problem #3 — No Ordinance to Enforce City staff has the ability to request specific truck routes, and work with developers and contractors to ensure truck companies know the preferred route. However, without an ordinance the Police are not able to issue citations. THE CITY OF Ana What are Truck Routes? ■ In the State of Texas Home Rule Cities are permitted to select specific thoroughfares to be designated as a truck route. ■ An ordinance may be passed by the City Council designating the specific thoroughfares which are for truck use. ■ In doing so, this action can allow the City to enforce a "No Truck" policy on other City streets. TRUCK ROUTE 1�■ THE CITY OF Anna What exceptions are there? ■ Enforcement must be done in accordance with allowed exceptions. These exceptions include, but are not limited to: ■ Trucks must be permitted on any streets required to access their destination, including the street where their destination resides. ■ Designated truck routes must not interfere with a company's right to conduct business, including transportation and commerce. ■ Trucks must be permitted to use all US and State highways, as long as they comply with State and Federal requirements. ■ Trucks must be permitted on County Roads where the City and County share the road, unless the County receives special permission to designate such road as a "No Truck" route. THE CITY OF A Benefits of Truck Routes ■ The benefits of creating designated truck routes are clear, and include: ■ Preventing truck traffic cutting through local neighborhood streets ■ Preventing trucks from using roads and bridges which were not designed and constructed to handle the weight of commercial trucks ■ Preventing trucks from getting into situations where turning movements may not be feasible due to road size/configuration ■ Preventing potential pedestrian/non-motorized vehicle conflicts with trucks in specific locations THE CITY OF manna Unintended Consequences of Truck Routes ■ While designating specific truck routes can provide a community benefits, there are unintended consequences which can potentially occur with such a aolicv1 including: ■ Negative impacts on business recruitment to areas which are made difficult to access by trucks ■ Additional strain on our limited Police staff to enforce the ordinance across the City ■ Unable to meet the expectation that all trucks violating the ordinance will be located and ticketed 24/7 by Police ■ Misunderstanding of violation when trucks are on a "No Truck" street which they are legally allowed to be on in order to access their destination ■ Confusing and misunderstood travel routes for trucks THE CITY OF A Implementation Challenges ■ City Limits ■ Truck routes can only be designated on roads within the City Limits. Truck use of any roads in the ETJ cannot be enforced. ■Mutual Boundary Roads ■ The City cannot implement a "No Truck" policy on mutual boundary roads unless and until Collin County makes the same designation. ■ Future Development Patterns ■ The comprehensive plan may result in zoning changes which would require changes to designated truck routes THE CITY OF manna Example Mutual Boundary Road L A099 'Anna ETJ A0839 I OWN.— —1 I FEE nm�J 0 w k%C-ARID LWj inna Anna ISD ■ B0 I Si U-A-RONJ 0 HC- LL'(AEMNM--5 �w r—LFGMY�RsfL' V. Foster Crossing Road A0221 E;n A0464 Collin County O tt Legend - County City THE CITY OF Anna Next Steps ■ Staff is seeking feedback on the desire of the City Council to implement designated truck routes in Anna. ■ If desired, staff will prepare a draft map of truck routes for City Council review, which would then be followed with an ordinance at a future Council meeting. ■The City Attorney is available to provide answers to any legal questions pertaining to the subject. THE CITY OF manna THE CITY OF AiAtia AGENDA ITEM: Item No. 9. City Council Agenda Staff Report Meeting Date: 6/9/2020 Consider/Discuss/Action regarding a Resolution establishing a Comprehensive Plan Advisory Task Force. (Director of Development Services Ross Altobelli) SUMMARY: The City is in the initial stages of identifying individuals to serve on the Comprehensive Plan Advisory Task Force. The advisory task force should be reflective of the range of interests and perspectives found in the Anna community. Task force members are expected to share their perspectives as they relate to the issues shaping the Anna 2050 plans. They are expected to be `ambassadors' for the planning process. They will communicate with their friends, colleagues and others who share their interests, to inform them about the planning process, to encourage them to participate and to build support for the draft plan's recommendations. The Advisory Task Force also plays an important role in building consensus among interests about the recommendations and direction of Anna 2050. In this role, the task force members are expected to share their own perspectives, listen to the perspectives of other members, and seek to reach agreement on recommendations that best serve the future of the Anna community as a whole. The Advisory Task Force is expected to meet periodically during the development of the Anna 2050 plans, either in person or virtually. At each meeting, the Kimley-Horn Team and City of Anna staff will present information, analysis and recommendations that enable committee members to provide input on the plan's vision, priorities and recommendations as these are developed. Below are the meeting commitments associated with being appointed to the Comprehensive Plan Advisory Task Force; - Week of June 22nd - Comprehensive Plan Advisory Task Force - Tuesday, August 11th (Joint Task Force, P&Z, EDC, Parks, & Council) - Week of October 26th - Comprehensive Plan Advisory Task Force - Tuesday, December 8th (Joint Task Force, P&Z, EDC, Parks, & Council) - Week of January 18th - Comprehensive Plan Advisory Task Force *Additional meetings may occur if needed with appropriate notice. Subcommittees for subject matter discussions, specific area planning, or sub -committees may occur as needed as determined by the committee in efforts to seek public input. Strategic Connection This items supports the City of Anna Strategic Plan, specifically advancing: Goal 2 Sustainable Anna Community Through Planned, Managed Growth Goal 3 Anna -A Great Place to Live STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution establishing a Comprehensive Plan Advisory Task Force. ATTACHMENTS: Description Upload Date Type Resolution 6/5/2020 Resolution CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS CREATING A COMPREHENSIVE PLAN ADVISORY TASK FORCE. WHEREAS, the City Council of the City of Anna, Texas ("City Council") has determined that the existing Comprehensive Plan needs to be reviewed and replaced; and WHEREAS, the City Council desires to create a citizen advisory task force to provide input and serve in an advisory capacity throughout the process of developing a new Comprehensive Plan, Downtown Master Plan, and a Parks, Trail and Open Space Master Plan; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated. The above recitals are hereby incorporated as if set forth in full. Section 2. Advisory Committee Established. The City of Anna. Texas ("City") hereby establishes the Comprehensive Plan Advisory Task Force ("Task Force"). Section 3. Appointment and Composition of Committee. 3.01 The Director of Development Services shall preside over and be a non -voting member of the Task Force. The Task Force shall have up to 15 additional voting members. 3.02 The Task Force shall be appointed by the Council, and must include: (a) Mayor (b) Two (2) members of the Anna City Council, not including the City Mayor; (c) Two (2) members of the City of Anna, Planning & Zoning Commission ("Planning & Zoning Commission"); (d) Two (2) members of the Anna Community Development Corporation Board of Directors; (e) Two (2) members of the City of Anna Parks Advisory Board. (f) One (1) member of the Anna Independent School District Board of Trustee and one (1) staff member of the Anna Independent School District; (g) President/CEO of the Greater Anna Chamber of Commerce. (h) One (1) member of the Greater Anna Chamber of Commerce (i) One (1) member Neighborhood Homeowner's Association 0) One (1) member of the Development Community 3.03 Such appointees shall be qualified voters in the City of Anna and must have resided exclusively within the corporate limits of the City, or recently annexed territory, for at least 12 months. The Mayor may make an appointment on behalf of a Council if the Council declines or fails to name an appointment within two (2) weeks after adoption of this resolution, or if the Council declines or fails to fill a vacancy within two (2) weeks after the vacancy occurs. 3.04 All appointments authorized under Section 3.02 and Section 3.03 must be ratified by the City Council. 3.05 Vacancies shall be filled as necessary in the manner prescribed for the original appointment. 3.06 All appointed members of the Committee serve at the pleasure of the City Council and may be removed at the discretion of the City Council. Section 4. Duties of the Committee. The Committee shall serve in an advisory capacity, advising the cities consultant Kimley Horn & Associated on the following elements of the Comprehensive Plan Update: • Future Land Use Strategy • Housing Strategy • Mobility Strategy • Downtown Master Plan • Placemaking/Urban Design Strategy • Parks, Trails and Open Space Master Plan • Economic Strategy • Implementation Strategies Section 5. Committee Meetings. 5.01 It is anticipated that the Committee will meet on a monthly basis until the Comprehensive Plan update is presented to the Planning and Zoning Commission. 5.02 All Committee meetings shall be open to the public. Notice of all Committee meetings shall be posted 72 hours in advance. 5.03 Any formal action required by the Committee will be determined by a simple majority vote of members present at a duly noticed meeting. Section 6. Dissolution. Unless otherwise ordered by the City Council, the Task Force shall be deemed dissolved once the recommended Comprehensive Plan update has been submitted to the Planning & Zoning Commission for its consideration. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the 9th day of June 2020. ATTEST: APPROVED: Carrie L. Land, City Secretary Mayor, Nate Pike THE CITY OF AiAtia AGENDA ITEM: Item No. 10. City Council Agenda Staff Report Meeting Date: 6/9/2020 Consider/Discuss/Action regarding a Resolution approving a Subdivision Improvement Agreement for the Sherley Tract. (Economic Development Director Joey Grisham) SUMMARY: The Sherely Tract is a multi -use master planned development on approximately 325 acres located partially within the extraterritorial jurisdiction of the City and located partially within the city limits of the City. As part of the development the developer desires and intends to construct and/or make financial contributions to certain on -site and/or off -site public improvements to serve the development. For additional information please refer to the attached Subdivision Improvement Agreement. Strategic Connection This items supports the City of Anna Strategic Plan, specifically advancing: Goal 1: Growing Anna Economy Goal 2: Sustainable Anna Community Through Planned, Managed Growth Goal 3: Anna -A Great Place to Live STAFF RECOMMENDATION: Approval of a Resolution approving a subdivision improvement agreement authorizing the City Manger to execute all documents. ATTACHMENTS: Description Upload Date Exhibit B 6/5/2020 Exhibit C 6/5/2020 Exhibit C-2 6/5/2020 Exhibit D 6/5/2020 Exhibit E-1 6/5/2020 Exhibit E-2 6/5/2020 Exhibit E-3 6/5/2020 DRAFT SIA (under review) 6/5/2020 Type Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Staff Report Original Developer Presentation 6/5/2020 Staff Report PELOTON II L A N❑ 5 0 L U T 10 N S 348 TOTAL LOTS 61.3 SINGLE FAMILY/TH ACRES 9.0 THOROUGHFARE ACRES 11,250 LOCAL LENGTH OF STREETS (FT) 5,920 MINOR ARTERIAL LENGTH (FT) OPINION OF PROBABLE COST CENTURION AMERICAN - SHERLEY TRACT, PHASE 1 City of Anna, Collin County, Texas Project Number: Prepared For: Date: File Name: Prepared by: Checked by: CONSTRUCTION COSTS CEN 18001 CENTURION AMERICAN April 30, 2020 SHERLEY - PHASE 1 THM CAL SUMMARY MI Costs PID Costs Private Costs Total Costs DESCRIPTION 1 - Earthwork 2 - Retaining Walls 3 - Water 4 - Sanitary Sewer $132,960 $300,480 $558,035 $991,475 $0 $390,689 $0 $339,330 $339,330 $969,453 $0 $1,360,142 $0 $925,840 $0 $925,840 5 - Storm 6 - Paving $668,780 $735,270 $0 $1,404,050 $1,558,867 $1,883,780 $0 $3,442,647 7 - Street Lights & Signs $177,800 $87,675 $0 $265,475 8 - Screen Walls & Entry Monument $0 $345,000 $0 $345,000 9 - Landscaping and Irrigation $0 $59,960 $0 $59,960 10 - Amenities 11 - District Formation - - - - - - $0 $0 TOTAL CONSTRUCTION COSTS $2,929,096 $5,307,458 $897,365 $9,133,919 MISCELLANEOUS COSTS DESCRIPTION QTY UNIT AMOUNT AMOUNT AMOUNT TOTAL Engineering & Surveying (12% of items 1-6 above) 1 LS $330,156 $577,779 $66,964 $974,898 SWPPP (plan preparation & inspections) 1 LS $9,000 $6,000 $6,000 $21,000 Preliminary Platting Fee ($325 + $5/LOT) 1 LS $2,065 $0 $0 $2,065 Final Platting Fee ($325 + $5/LOT) 1 LS $2,065 $0 $0 $2,065 Maintenance Bond (2% of Pvg & Util Contracts) 2% % $52,370 $90,290 $0 $142,660 Engineering Review Fee 1 LS $2,500 $0 $0 $2,500 Inspection Fee 4% % $117,160 $212,300 $35,890 $365,350 Geotechnical Testing (10% of Earthwork) 10% % $13,300 $30,050 $55,800 $99,150 12 - TOTAL MISC. COSTS t $528,616 $916,419 $164,654 $1,609,688 SUMMARY Construction Costs Miscellaneous Costs 13 -Contingency Costs $2,929,096 $528,616 $5,307,458 $897,365 $9,133,919 $916,419 $164,654 $1,609,688 5% $172,886 $311,194 $53,101 $537,180 NET PROJECT COSTS $3,630,600 $6,535,070 $1,115,120 $11,280,790 0- A -- Per Lot: By/Checked Description Date Previous Cost AM Original Estimate DK Landplan 12/3/2018 $ 10,808,289 CAL Revised Landplan DK Landplan 8/2/2019 $ 3,983,670 THM Revised phase 1 limits DK Landplan 8/9/2019 $ 5,223,470 CAL Revised unit costs and inspection fees DK Landplan 10/14/2019 $ 11,322,720 MPP Checked/revised cell formulas DK Landplan 11/26/2019 $ 12,860,980 MPP Deleted 30" MI sewer line DK Landplan 4/30/2020 $ 12,861,310 184 026 $32,416 J:\Job\CEN 18001_Sherley_325_Ac\Master Dev\_Entitlements\Development Agreement\20200430 REVISION\2020- 0430 SHERLEY PHASE 1 OPC.xlsx 1 of 7 GENERAL NOTES (PAGE 1) 1 ) This estimate is based on the land plan prepared by Peloton Land Solutions dated 7/18/19. Actual quantities will be determined at the conclusion of the final construction plans. 2 ) Earthwork quantities do not include costs for rock excavation. 2' of cut across the entire site was used for the purposes of determining earthwork. A preliminary geotechnical was not cross referenced for this task 3 ) Sidewalks adjacent to residential lots are excluded from the cost estimate. Sidewalks are assumed to be constructed by the home builder, except to where adjacent to park detention or open space. ADA ramps are required to be built by the developer and are included in this estimate. 4) All fees need to be verified by the City of Anna. 5) Impact fees and Park fees are not included in this estimate. 6) Franchise costs are not included in this estimate. 7 ) This estimate does not include costs for tree mitigation. 8 ) Costs for exposed beams have been excluded from this estimate. 9 ) The lot grading assumptions are as follows: The use of a maximum V exposed beam, a maximum backyard slope of 10:1, 1% minimum grade, and a 3:1 maximum slope of side yards. 10 ) This estimate does not include moisture conditioning. Should it be necessary, the actual cost would be dependent on the final geotechnical report. No street moisture conditioning was included in this estimate. 11 ) Cost estimate does not include costs for detention. A preliminary downstream analysis has not been conducted. This cost estimate assumes Oncor will allow for utility crossings within their easement 12 ) This cost estimate assumes for the 12" offsite waterline to be looped into an existing waterlines at the north ends of Standridge Blvd. and Shadybrook Trail, as constructed with Villages of Hurricane Creek, Phase 1 13 ) Costs shown herein exclude interest, legal fees, other services provided by others, off -site sanitary sewer pro-rata, off - site water line improvements, telephone service, off -site easement preparation & procurement, impact fees, or other costs not specifically addressed, rock excavation, jurisdictional determination and permit processing, and brick pavers. Engineering costs do not include cost for staking retaining walls. 14) Since the design professional has no control over the cost of labor, materials, or equipment, or over the contractor's method of determining prices, or over competitive bidding or market conditions, his opinions of probable development cost provided for herein are to be made on the basis of his experience and qualifications. These opinions represent his best judgment as a design professional familiar with the construction industry. However, the design professional cannot and does not guarantee that proposals, bids, or the development cost will not vary from opinions of probable cost prepared by him. If the owner wishes greater assurance as to the development cost, he shall employ an independent cost estimator. 15 ) This estimate has been modified to reflect City of Anna being responsible for constructing the Hurricane Creek sanitary sewer lines (Projects D & E) as shown on the Conceptual Alignment Exhibit dated May 2018. No costs for this construction are contained within this estimate. J:\Job\CEN18001_Sherley_325_Ac\Master Dev\_Entitlements\Development Agreement\20200430 REVISION\2020- 0430 SHERLEY PHASE 1 OPC.xlsx 2 of 7 MI COSTS OFFSITE EXCAVATION (STANDRIDGE PKWY., E-W COLLECTOR AND SHADYBROOK TRAIL) Description QTY UNIT UNIT PRICE AMOUNT Clear, Strip & Grub Excavation (2 foot Cut) Silt Fence Removal & Disposal of Unsuitable Materials 9.00 AC 2,500.00 22,500.00 35,080 CY 2.50 87,700.00 11,840 LF 1.50 17,760.00 1 LS 5,000.00 5,000.00 TOTAL EXCAVATION $132,960.00 OFFSITE WATER (STANDRIDGE PKWY., E-W COLLECTOR AND SHADYBROOK TRAIL) Description QTY UNIT UNIT PRICE AMOUNT 12" PVC Water Line (STANDRIDGE BLVD, E-W COLLECTOR) 3,790 LF 45.00 170,550.00 8" PVC Water Line (SHADYBROOK TRAIL) 2,680 LF 24.00 64,320.00 12" Gate Valve & Box 18 EA 2,400.00 43,200.00 8" Gate Valve & Box 9 EA 1,400.00 12,600.00 Fire Hydrant Assembly (inc. 6" Gate Valve) 15 EA 4,200.00 63,000.00 Cast Iron Fittings 3 TN 6,000.00 19,800.00 Concrete Blocking - Type B 10 CY 150.00 1,485.00 Trench Safety 6,470 LF 1.00 6,470.00 Testing (Excluding Geotech) Connect to Existing Water Stub 6,470 LF 1.20 7,764.00 2 EA 750.00 1,500.00 TOTAL OFFSITE WATER $390,689.00 OFFSITE SANITARY SEWER MAIN ALONG HURRICANE CREEK Description QTY UNIT UNIT PRICE AMOUNT 30" Sanitary Sewer Main (PS115, ASTM F679) 15" Sanitary Sewer Main (SDR-35) 12" Sanitary Sewer Main (SDR-35) 6' Dia. Manhole w/ epoxy coating 5' Dia. Manhole w/ epoxy coating Manhole - Vacuum test Connect to Existing Sewer Stub 5,400 LF 0.00 _ 0.00 0.00 0.00 580 LF 2,820 LF 12 EA 13 EA 0.00 25 EA 0.00 2 EA 0.00 Trench Safety Post Construction CCTV 8,800 LF 0.00 8,800 LF 0.00 TOTAL SEWER $0.00 STORM DRAINAGE (STANDRIDGE PKWY., E-W COLLECTOR AND SHADYBROOK TRAIL) Description QTY UNIT UNIT PRICE AMOUNT 18" RCP 21" RCP 400 LF 53.00 21,200.00 150 LF 57.00 8,550.00 24" RCP 30" RCP 440 LF 67.00 29,480.00 40 LF 85.00 3,400.00 36" RCP 42" RCP 48" RCP 50 LF 109.00 5,450.00 820 LF 146.00 119,720.00 300 LF 176.00 52,800.00 2-5'x5' RCB 170 LF 625.00 106,250.00 2-7'x4' RCB 160 LF 850.00 136,000.00 4'x4' Drop Inlet 1 EA 4,000.00 4,000.00 10' Std. Curb Inlet 6 EA 4,000.00 24,000.00 15' Std. Curb Inlet 6 EA 5,100.00 30,600.00 20' Std. Curb Inlet 2 EA 6,000.00 12,000.00 5' Square Stormwater Manhole 2 EA 5,500.00 11,000.00 42" Headwall 1 EA 4,750.00 4,750.00 54" Headwall 1 EA 6,250.00 6,250.00 2-5'x5' Headwall 2-7'x4' Headwall Trench Safety Rip Rap Inlet/SDMH Protectors Onsite Channel (Concrete) 2 EA 13,000.00 26,000.00 2 EA 15,000.00 30,000.00 2,530 LF 1.00 2,530.00 140 SY 90.00 12,600.00 15 EA 130.00 1,950.00 2,700 SF 7.50 20,250.00 TOTAL STORM $668,780.00 J:\Job\CEN18001_Sherley_325_Ac\Master Dev\_Entitlements\Development Agreement\20200430 REVISION\2020- 0430 SHERLEY PHASE 1 OPC.xlsx 3 of 7 MI COSTS OFFSITE PAVING (STANDRIDGE PKWY., E-W COLLECTOR AND SHADYBROOK TRAIL) Description QTY UNIT UNIT PRICE AMOUNT 8" Conc Pavement w/ 1 - 25' B-B (Standridge Pkwy.) 2,916 SY 48.00 139,968.00 8" Conc Pavement w/ 2 - 25' B-B (E-W Coll. & Shadybrook Tr.) 3,940 SY 48.00 189,120.00 8" Conc Pavement w/ 40' B-B (E-W Coll. & Shadybrook Tr.) 18,500 SY 48.00 888,000.00 6" Lime Stabilized Subgrade 27,892 SY 3.20 89,253.12 *Hydrated Lime (36#/SY) 510 TONS 164.00 83,640.00 4', 4" Conc. Sidewalk 11,840 SF 5.65 66,896.00 Curlex 11,840 LF 1.00 11,840.00 B/F Ramps 46 EA 1,525.00 70,150.00 Standard Street Header Standard Street Barricade 400 LF 25.00 10,000.00 400 LF 25.00 10,000.00 TOTAL PAVING $1,558,867.12 STREET LIGHTS & SIGNS (STANDRIDGE PKWY., E-W COLLECTOR AND SHADYBROOK TRAIL) Description QTY UNIT UNIT PRICE AMOUNT Street Light - 2 Fixtures (400' spacing) 15 EA 5,000.00 74,000.00 Street Light - 1 Fixture (at intersections) 16 EA 3,000.00 48,000.00 Conduit - 2 Inch - Open Cut - Sched. 40 (Street Lights) 4,700 LF 10.00 47,000.00 Sign Posts/Street Name Blades 16 EA 550.00 8,800.00 TOTAL STREET LIGHTS & SIGNS $177,800.00 J:\Job\CEN18001_Sherley_325_Ac\Master Dev\_Entitlements\Development Agreement\20200430 REVISION\2020- 0430 SHERLEY PHASE 1 OPC.xlsx 4 of 7 PID DIRECT EARTHWORK Description QTY UNIT UNIT PRICE AMOUNT 35% of private earthwork cost is associated with streets $300,480.25 ONSITE WATER Description QTY UNIT UNIT PRICE AMOUNT 8" PVC Water Line 14,090 LF 24.00 338,160.00 8" Gate Valve & Box 58 EA 1,400.00 81,200.00 1" Water Service - Residential 348 EA 875.00 304,500.00 Fire Hydrant Assembly (inc. 6" Gate Valve) 39 EA 4,200.00 163,800.00 Sampling Station 1 EA 5,000.00 5,000.00 Cast Iron Fittings 7 TN 6,000.00 42,600.00 Concrete Blocking - Type B 21 CY 150.00 3,195.00 Trench Safety 14,090 LF 1.00 14,090.00 Testing (Excludin Geotech 14,090 LF 1.20 16,908.00 TOTAL WATER $969,453.00 SANITARY SEWER Description QTY UNIT UNIT PRICE AMOUNT 8" Sanitary Sewer Main (SDR-35) 12,640 LF 35.00 442,400.00 4' Dia. Manhole w/ epoxy coating 46 EA 5,100.00 234,600.00 Manhole - Vacuum test 46 EA 150.00 6,900.00 4" Sewer Service with cleanouts 348 EA 585.00 203,580.00 Connect to Existing Sewer Stub 2 EA 1,800.00 3,600.00 Trench Safety 12,640 LF 1.00 12,640.00 Post Construction CCTV 12,640 LF 1.75 22,120.00 TOTAL SEWER $925,840.00 STORM Description QTY UNIT UNIT PRICE AMOUNT 18" RCP 360 LF 53.00 19,080.00 21" RCP 150 LF 57.00 8,550.00 24" RCP 1,050 LF 67.00 70,350.00 30" RCP 1,610 LF 85.00 136,850.00 36" RCP 50 LF 109.00 5,450.00 42" RCP 250 LF 146.00 36,500.00 48" RCP 550 LF 176.00 96,800.00 54" RCP 600 LF 177.00 106,200.00 4'x4' Drop Inlet 2 EA 4,000.00 8,000.00 10' Std. Curb Inlet 18 EA 4,000.00 72,000.00 15' Std. Curb Inlet 8 EA 5,100.00 40,800.00 20' Std. Curb Inlet 6 EA 6,000.00 36,000.00 4' Square Stormwater Manhole 2 EA 4,500.00 9,000.00 5' Square Stormwater Manhole 1 EA 5,500.00 5,500.00 6' Square Stormwater Manhole 1 EA 6,500.00 6,500.00 24" Headwall 1 EA 2,000.00 2,000.00 30" Headwall 3 EA 3,500.00 10,500.00 36" Headwall 1 EA 4,250.00 4,250.00 42" Headwall 1 EA 4,750.00 4,750.00 54" Headwall 2 EA 6,250.00 12,500.00 Trench Safety 4,620 LF 1.00 4,620.00 Rip Rap 160 SY 90.00 14,400.00 Inlet/SDMH Protectors 34 EA 130.00 4,420.00 Onsite Channel Concrete 2,700 SF 7.50 20,250.00 TOTAL STORM $735,270.00 J:\Job\CEN18001_Sherley_325_Ac\Master Dev\_Entitlements\Development Agreement\20200430 REVISION\2020- 0430 SHERLEY PHASE 1 OPC.xlsx 5 of 7 PID DIRECT PAVING Description QTY UNIT UNIT PRICE AMOUNT 6" Conc Pavement w/ 31' B-B 40,700 SY 38.00 1,546,600.00 6" Lime Stabilized Subgrade 44,800 SY 3.20 143,360.00 *Hydrated Lime (36#/SY) 810 TONS 164.00 132,840.00 4', 4" Conc. Sidewalk 3,240 SF 5.75 18,630.00 B/F Ramps 12 EA 1,525.00 18,300.00 Curlex 22,500 LF 1.00 22,500.00 Standard Street Header 31 LF 25.00 775.00 Standard Street Barricade 31 LF 1 25.00 1 775.00 TOTAL PAVING $1,883,780.00 STREET LIGHTS & SIGNS Description QTY UNIT UNIT PRICE AMOUNT Street Light - 1 Fixture (at intersections) 28 EA 3,000.00 84,375.00 Sign Posts/Street Name Blades 6 EA 550.00 3,300.00 TOTAL STREET LIGHTS & SIGNS $87,675.00 SCREENING WALLS & ENTRY MONUMENTS Description QTY UNIT UNIT PRICE AMOUNT 6' Brick Thinwall 2,050 LF 100.00 205,000.00 ,Entry Feature 4 EA 35,000.00 140,000.00 TOTAL SCREENING WALLS & ENTRY MONUMENTS $345,000.00 LANDSCAPING & IRRIGATION Description QTY UNIT UNIT PRICE AMOUNT Water Service 2" Irrigation Line 8 EA 2,400.00 19,200.00 2-4" PVC Irrigation Sleeve - Schedule 40 (Street Intersections) 320 LF 18.00 5,760.00 Landscape 1 LS 25,000.00 25,000.00 Miscellaneous Mowing, Cleanup & Haul -Off 1 LS 10,000.00 10,000.00 TOTAL LANDSCAPING & IRRIGATION $59,960.00 J:\Job\CEN18001_Sherley_325_Ac\Master Dev\_Entitlements\Development Agreement\20200430 REVISION\2020- 0430 SHERLEY PHASE 1 OPC.xlsx 6 of 7 PRIVATE EARTHWORK Description QTY UNIT UNIT PRICE AMOUNT Clear, Strip & Grub 61.3 AC 2,500.00 153,250.00 Excavation (2 foot Cut) 226,900 CY 2.50 567,250.00 Rough Lot Grading 348 LOT 200.00 69,600.00 Final Lot Grading 348 LOT 110.00 38,280.00 Silt Fence 10,090 LF 1.50 15,135.00 Rock Check Dam 6 EA 1,000.00 6,000.00 Construction Entrance Removal & Disposal of Unsuitable Materials 2 EA 2,000.00 4,000.00 5,000.00 1 LS 5,000.00 TOTAL EARTHWORK $858,515.00 65% of private earthwork not associated with streets $558,034.75 RETAINING WALLS Description QTY UNIT UNIT PRICE AMOUNT 2' Retaining Wall 3' Retaining Wall 4' Retaining Wall 2,890 LF 50.00 144,500.00 300 LF 65.00 19,500.00 890 LF 82.00 72,980.00 5' Retaining Wall (Structural) 50 LF 100.00 5,000.00 6' Retaining Wall (Structural) 440 LF 120.00 52,800.00 8' Retaining Wall Structural 270 LF 165.00 44,550.00 TOTAL RETAINING WALLS $339,330.00 J:\Job\CEN18001_Sherley_325_Ac\Master Dev\_Entitlements\Development Agreement\20200430 REVISION\2020- 0430 SHERLEY PHASE 1 OPC.xlsx 7 of 7 P E LOTO N II L A N ❑ S 0 L U T 1 0 N 5 554 TOTAL LOTS 142.0 SINGLE FAMILY ACRES 19.1 THOROUGHFARE ACRES 11.9 COLLECTOR ACRES 22,280 LOCAL LENGTH OF STREETS (FT) 16,270 COLLECTOR LENGTHS (FT) OPINION OF PROBABLE COST CENTURION AMERICAN - REMAINDER SHERLEY 554 City of Anna, Collin County, Texas Project Number: Prepared For: Date: File Name: Prepared by: Checked by: CONSTRUCTION COSTS CEN18001 CENTURION AMERICAN April 30, 2020 REMAINDER SHERLEY 554 OPC TJ W CAL SUMMARY MI Costs PID Costs Private Costs Total Costs DESCRIPTION 1 - Earthwork 2 - Retaining Walls $369,410 $596,830 $1,108,398 $2,074,638 $0 $0 $1,425,085 $1,425,085 3 - Water 4 - Sanitary Sewer 5 - Storm 6 - Paving 7 - Street Lights & Signs $1,286,889 $1,599,121 $0 $2,886,010 $0 $1,682,193 $0 $1,682,193 $1,581,895 $1,267,660 $0 $2,849,555 $3,446,675 $3,576,419 $0 $7,023,093 $151,150 $180,700 $0 $331,850 8 - Screen Walls & Entry Monument 9 - Landscaping and Irrigation $0 $967,500 $0 $967,500 $0 $103,400 $0 $103,400 10 - Amenities 11 - District Formation - - - - $0 - - $0 TOTAL CONSTRUCTION COSTS $6,836,019 $9,973,822 $2,5335483 $19,343,323 MISCELLANEOUS COSTS DESCRIPTION QTY UNIT AMOUNT AMOUNT AMOUNT TOTAL Engineering & Surveying (12% of items 1-6 above) SWPPP (plan preparation & inspections) 1 LS LS $802,184 $9,000 $1,046,667 $133,008 $6,000 $1,981,859 1 $6,000 $21,000 Preliminary Platting Fee ($325 + $5/LOT) 1 LS $3,095 $0 $0 $3,095 Final Platting Fee ($325 + $5/LOT) 1 LS $3,095 $0 $0 $3,095 Maintenance Bond (2% of Pvg & Util Contracts) 2% % $126,310 $162,510 $0 $288,820 Engineering Review Fee 1 LS $2,500 $0 $0 $2,500 Inspection Fee 4% 10% % % $273,440 $36,940 $398,950 $101,340 $773,730 Geotechnical Testing (10% of Earthwork) $59,680 $110,840 $207,460 12 - TOTAL MISC. COSTS $1,256,564 $1,673,807 $351,188 $3,281,559 SUMMARY Construction Costs $6,836,019 $9,973,822 $2,533,483 $19,343,323 Miscellaneous Costs 13 - Contingency Costs $1,256,564 $1,673,807 $351,188 $3,281,559 5% $404,629 $582,381 $144,234 $1,131,244 NET PROJECT COSTS $8,497,210 $12,230,010 $3,028,900 $23,756,130 Per Acre: Per Lot: By/Checked Description Date Previous Cost TJW/CAL Original Estimate DK Landplan 8/6/2019 $ 28,536,800 CAL Revised layout removing Sherley 348 costs DK Landplan 8/19/2019 $ 14,194,230 CAL Revised Unit Prices per CA, 4% insp. Fee DK Landplan 10/15/2019 $ 16,019,590 MPP Checked/revised cell formulas DK Landplan 11/26/2019 $ 17,488,410 MPP Deleted 30" & 12" MI sewer DK Landplan 4/30/2020 $ 24,288,850 167 297 42 881 J:\Job\CEN18001_Sherley_325_Ac\Master Dev\_Entitlements\Development Agreement\20200430 REVISION\2020-0430_REMAIN DER_SHERLEY-554_0PC1.)(AW GENERAL NOTES (PAGE 1) 1) This estimate is based on the land plan prepared by Peloton Land Solutions dated 7/18/19. Actual quantities will be determined at the conclusion of the final construction plans. 2) Earthwork quantities do not include costs for rock excavation. 2' of cut across the entire site was used for the purposes of determining earthwork. A preliminary geotechnical was not cross referenced for this task 3) Sidewalks adjacent to residential lots are excluded from the cost estimate. Sidewalks are assumed to be constructed by the home builder, except to where adjacent to park detention or open space. ADA ramps are required to be built by the developer and are included in this estimate. 4) All fees need to be verified by the City of Anna. 5 ) Fees listed for Platting, Engineering, SWPPP, etc., are based on the assumption the entire project is developed in one phase. 6 ) This estimate has been modified to reflect City of Anna being responsible for constructing the Hurricane Creek sanitary sewer lines (Projects D & E) as shown on the Conceptual Alignment Exhibit dated May 2018. No costs for this construction are contained within this estimate. 7) Impact fees and Park fees are not included in this estimate. 8) Franchise costs are not included in this estimate. 9) This estimate does not include costs for tree mitigation. 10) Costs for exposed beams have been excluded from this estimate. 11) The lot grading assumptions are as follows: The use of a maximum V exposed beam, a maximum backyard slope of 10:1, 1% minimum grade, and a 3:1 maximum slope of side yards. 12) This estimate does not include moisture conditioning. Should it be necessary, the actual cost would be dependent on the final geotechnical report. No street moisture conditioning was included in this estimate. 13 ) Cost estimate does not include costs for detention. A preliminary downstream analysis has not been conducted. This cost estimate assumes Oncor will allow for utility crossings within their easement 14 ) This cost estimate assumes for the 12" offsite waterline to be looped into an existing waterlines at the north ends of Standridge Blvd. and Shadybrook Trail, as constructed with Sherley Tract, Phase 1 15 ) Cost estimate does not include acquiring offsite easements for 30" sanitary sewer, 12" water or ROW for Standridge Blvd. 16 ) Rosemond Pkwy. at gas and electric easements will need approval for non-90 degree crossings. 17 ) Costs shown herein exclude interest, legal fees, other services provided by others, off -site sanitary sewer pro-rata, off - site water line improvements, telephone service, off -site easement preparation & procurement, impact fees, or other costs not specifically addressed, rock excavation, jurisdictional determination and permit processing, and brick pavers. Engineering costs do not include cost for staking retaining walls. 18 ) Since the design professional has no control over the cost of labor, materials, or equipment, or over the contractor's method of determining prices, or over competitive bidding or market conditions, his opinions of probable development cost provided for herein are to be made on the basis of his experience and qualifications. These opinions represent his best judgment as a design professional familiar with the construction industry. However, the design professional cannot and does not guarantee that proposals, bids, or the development cost will not vary from opinions of probable cost prepared by him. If the owner wishes greater assurance as to the development cost, he shall employ an independent cost estimator. J:\Job\CEN18001_Sherley_325_Ac\Master Dev\_Entitlements\Development Agreement\20200430 REVISION\2020- 0430 REMAINDER SHERLEY-554 OPC.xlsx 2 of 7 M 1 COSTS OFFSITE EXCAVATION (STANDRIDGE BLVD., ROSAMOND PKWY AND N/S COLLECTORS) Description QTY UNIT UNIT PRICE AMOUNT Clear, Strip & Grub 31.00 Excavation (2 foot Cut) 100,100 Silt Fence 24,440 Removal & Disposal of Unsuitable Materials 1 AC 2,500.00 77,500.00 CY 2.50 250,250.00 36,660.00 LF 1.50 LS 5,000.00 5,000.00 TOTAL EXCAVATION $369,410.00 OFFSITE WATER (ALONG ROSAMOND PKWY. AND US 75) Description QTY UNIT UNIT PRICE AMOUNT 12" PVC Water Line (along Rosamond Pkwy and US 75) 10,170 LF 45.00 500.00 457,650.00 12" Jack and Bore (TxDOT Crossing) 800 LF 400,000.00 8" PVC Water Line 5,050 LF 24.00 121,200.00 8" Jack and Bore (Creek Crossing) 150 LF 375.00 56,250.00 12" Gate Valve & Box 20 EA 2,400.00 48,000.00 8" Gate Valve & Box 37 EA 1,400.00 51,800.00 Fire Hydrant Assembly (inc. 6" Gate Valve) 15 EA 4,200.00 63,000.00 Cast Iron Fittings 8 24 TN CY 6,000.00 150.00 48,600.00 3,645.00 Concrete Blocking - Type B Connect to Existing Water Stub 2 EA 750.00 1,500.00 Trench Safety Testing (Excluding Geotech) 16,020 LF 1.00 16,020.00 16,020 LF 1.20 19,224.00 TOTAL OFFSITE WATER $1,286,889.00 OFFSITE SANITARY SEWER MAIN (ALONG HURRICANE CREEK SOUTH TO FM 455) Description QTY UNIT UNIT PRICE AMOUNT 30" Sanitary Sewer Main (PS115, ASTM F679) 1,160 LF 0.00 12" Sanitary Sewer Main (SDR-35) 3,300 3 8 LF EA EA 0.00 6' Dia. Manhole w/ epoxy coating 0.00 5' Dia. Manhole w/ epoxy coating 0.00 Manhole - Vacuum test 11 EA 0.00 Connect to Existing Sewer Stub Trench Safety Post Construction CCTV 1 EA 0.00 4,460 LF 0.00 4,460 LF 0.00 TOTAL SEWER $0.00 STORM (STANDRIDGE BLVD., ROSAMOND PKWY AND N/S COLLECTORS) Description QTY UNIT UNIT PRICE AMOUNT 18" RCP 670 LF 53.00 35,510.00 21" RCP 24" RCP 27" RCP 30" RCP 36" RCP 42" RCP 48" RCP 5'x3' RCB 1,535 LF 57.00 87,495.00 1,325 LF 67.00 88,775.00 525 LF 75.00 39,375.00 225 LF 85.00 19,125.00 225 LF 109.00 24,525.00 1,755 LF 146.00 256,230.00 180 LF 176.00 31,680.00 725 LF 240.00 174,000.00 6'x3' RCB 250 LF 360.00 90,000.00 7'x4' RCB 75 LF 440.00 33,000.00 3-8'x5' RCB 100 LF 1,325.00 132,500.00 4-8'x6' RCB 100 LF 1,700.00 170,000.00 10' Std. Curb Inlet 22 EA 4,000.00 88,000.00 15' Std. Curb Inlet 12 EA 5,100.00 61,200.00 20' Std. Curb Inlet 4 EA 6,000.00 24,000.00 6' x 6' Junction Box 7 EA 7,500.00 52,500.00 27" Headwall 2 EA 3,000.00 6,000.00 42" Headwall 1 EA 4,750.00 4,750.00 48" Headwall 1 EA 5,850.00 5,850.00 6'x3' Headwall 1 EA 6,500.00 6,500.00 7'x4' Headwall 3-8'x5' Headwall 1 EA 7,250.00 7,250.00 2 EA 20,000.00 40,000.00 4-8'x6' Headwall 2 EA 27,500.00 55,000.00 Trench Safety Rip Rap 7,690 LF 1.00 7,690.00 225 SY 90.00 20,250.00 Inlet/SDMH Protectors 38 EA 130.00 4,940.00 Onsite Channel (Concrete) 2,100 SF 7.50 15,750.00 TOTAL STORM $1,581,895.00 J:\Job\CEN18001_Sherley_325_Ac\Master Dev\_Entitlements\Development Agreement\20200430 REVISION\2020-0430_REMAINDER_SHERLEY-554_OPC.xls3cof 7 MI COSTS OFFSITE PAVING (STANDRIDGE BLVD., ROSAMOND PKWY AND N/S COLLECTORS) Description QTY UNIT UNIT PRICE AMOUNT 8" Conc Pavement w/ 1 - 25' B-B - STANDRIDGE BLVD. 4,722 SY 48.00 226,656.00 8" Conc Pavement w/ 2 - 25' B-B - ROSAMOND PKWY. 38,445 SY 48.00 1,845,360.00 768,000.00 8" Conc Pavement w/ 40' B-B - N/S COLLECTORS 16,000 SY 48.00 6" Lime Stabilized Subgrade 65,084 SY 3.20 208,267.84 *Hydrated Lime (36#/SY) 1,180 TONS 164.00 193,520.00 4', 4" Conc. Sidewalk 22,740 SF 5.65 128,481.00 Curlex 24,440 LF 1.00 24,440.00 B/F Ramps 30 EA 1,525.00 45,750.00 Standard Street Header 124 LF 25.00 3,100.00 Standard Street Barricade 124 LF 25.00 3,100.00 TOTAL PAVING $3,446,674.84 STREET LIGHTS & SIGNS (STANDRIDGE BLVD., ROSAMOND PKWY AND N/S COLLECTORS) Description QTY UNIT UNIT PRICE AMOUNT Street Light - 2 Fixtures (400' spacing) 18 EA 5,000.00 90,000.00 Street Light - 1 Fixture (at intersections) 6 EA 3,000.00 18,000.00 Conduit - 2 Inch - Open Cut - Sched. 40 (Street Lights) 3,600 LF 10.00 36,000.00 ,Sign Posts/Street Name Blades 13 EA 550.00 7,150.00 TOTAL STREET LIGHTS & SIGNS $151,150.00 J:\Job\CEN18001_Sherley_325_Ac\Master Dev\_Entitlements\Development Agreement\20200430 REVISION\2020-0430_REMAINDER_SHERLEY-554_OPC.xlAof 7 PID DIRECT OFFSITE EXCAVATION STANDRIDGE BLVD., E-W COLLECTOR AND SHADYBROOK TRAIL Description I QTY UNIT UNIT PRICE AMOUNT 35% of private earthwork cost associated with streets $596,829.63 ONSITE WATER Description QTY UNIT UNIT PRICE AMOUNT 8" PVC Water Line 25,405 LF 24.00 609,720.00 8" Gate Valve & Box 87 EA 1,400.00 121,800.00 1" Water Service - Residential 554 EA 875.00 484,750.00 Fire Hydrant Assembly (inc. 6" Gate Valve) 57 EA 4,200.00 239,400.00 Sampling Station 1 EA 5,000.00 5,000.00 Cast Iron Fittings 13 TN 6,000.00 76,800.00 Concrete Blocking - Type B 38 CY 150.00 5,760.00 Trench Safety 25,405 LF 1.00 25,405.00 Testing (Excludin Geotech 25,405 LF 1.20 30,486.00 TOTAL WATER $1,599,121.00 SANITARY SEWER Description QTY UNIT UNIT PRICE AMOUNT 8" Sanitary Sewer Main (SDR-35) 21,510 LF 35.00 752,850.00 4' Dia. Manhole w/ epoxy coating 90 EA 5,100.00 459,000.00 5' Dia. Manhole w/ epoxy coating 7 EA 8,050.00 56,350.00 Manhole - Vacuum test 97 EA 150.00 14,550.00 4" Sewer Service with cleanouts 554 EA 585.00 324,090.00 Connect to Existing Sewer Stub 9 EA 1,800.00 16,200.00 Trench Safety 21,510 LF 1.00 21,510.00 Post Construction CCTV 21,510 LF 1.75 37,642.50 TOTAL SEWER $1,682,192.50 STORM Description QTY UNIT UNIT PRICE AMOUNT 18" RCP 1,385 LF 53.00 73,405.00 21" RCP 1,320 LF 57.00 75,240.00 24" RCP 1,905 LF 67.00 127,635.00 27" RCP 925 LF 75.00 69,375.00 30" RCP 2,630 LF 85.00 223,550.00 36" RCP 430 LF 109.00 46,870.00 42" RCP 500 LF 146.00 73,000.00 48" RCP 170 LF 176.00 29,920.00 10' Std. Curb Inlet 56 EA 4,000.00 224,000.00 15' Std. Curb Inlet 27 EA 5,100.00 137,700.00 20' Std. Curb Inlet 8 EA 6,000.00 48,000.00 5' x 5' Junction Box 4 EA 6,500.00 26,000.00 21" Headwall 1 EA 1,750.00 1,750.00 24" Headwall 2 EA 2,000.00 4,000.00 30" Headwall 5 EA 3,500.00 17,500.00 36" Headwall 1 EA 4,250.00 4,250.00 42" Headwall 1 EA 4,750.00 4,750.00 48" Headwall 1 EA 5,850.00 5,850.00 Trench Safety 9,265 LF 1.00 9,265.00 Rip Rap 250 SY 90.00 22,500.00 Inlet/SDMH Protectors 95 EA 130.00 12,350.00 Onsite Channel (Concrete) 4,100 SF 7.50 30,750.00 TOTAL STORM $1,267,660.00 J:\Job\CEN18001_Sherley_325_Ac\Master Dev\_Entitlements\Development Agreement\20200430 REVISION\2020-0430_REMAINDER_SHERLEY- 554 OPC.xlsx 5 of 7 PID DIRECT PAVING Description QTY UNIT UNIT PRICE AMOUNT 6" Conc Pavement w/ 31' B-B 76,742 SY 38.00 2,916,196.00 6" Lime Stabilized Subgrade 84,500 SY 3.20 270,400.00 *Hydrated Lime (36#/SY) 1,530 TONS 164.00 250,920.00 4', 4" Conc. Sidewalk 6,850 SF 5.65 38,702.50 B/F Ramps 64 EA 1,525.00 97,600.00 Curlex 2,600 LF 1.00 2,600.00 TOTAL PAVING $3,576,418.50 STREET LIGHTS & SIGNS Description QTY UNIT UNIT PRICE AMOUNT Street Light - 1 Fixture (at intersections) 54 EA 3,000.00 162,000.00 Sign Posts/Street Name Blades 34 EA 550.00 18,700.00 TOTAL STREET LIGHTS & SIGNS $180,700.00 SCREENING WALLS & ENTRY MONUMENTS Description QTY UNIT UNIT PRICE AMOUNT 6' Brick Thinwall 6,875 LF 100.00 687,500.00 Entry Feature 8 EA 35,000.00 280,000.00 TOTAL SCREENING WALLS & ENTRY MONUMENTS $967,500.00 LANDSCAPING & IRRIGATION Description QTY UNIT UNIT PRICE AMOUNT Water Service 2" Irrigation Line 15 EA 2,400.00 36,000.00 2-4" PVC Irrigation Sleeve - Schedule 40 (Street Intersections) 1,800 LF 18.00 32,400.00 Landscape 1 LS 25,000.00 25,000.00 Miscellaneous Mowing, Cleanup & Haul -Off 1 LS 10,000.00 10,000.00 TOTAL LANDSCAPING & IRRIGATION $103,400.00 J:\Job\CEN18001_Sherley_325_Ac\Master Dev\_Entitlements\Development Agreement\20200430 REVISION\2020-0430_REMAINDER_SHERLEY- 554 OPC.xlsx 6 of 7 PRIVATE EARTHWORK Description QTY UNIT UNIT PRICE AMOUNT Clear, Strip & Grub 142.0 AC 2,500.00 355,000.00 Excavation (2 foot Cut) 458,200 CY 2.50 1,145,500.00 Rough Lot Grading 554 LOT 200.00 110,800.00 Final Lot Grading 554 LOT 110.00 60,940.00 Silt Fence 9,325 LF 1.50 13,987.50 Rock Check Dam 10 EA 1,000.00 10,000.00 Construction Entrance 2 EA 2,000.00 4,000.00 Removal & Disposal of Unsuitable Materials 1 LS 5,000.00 5,000.00 TOTAL EARTHWORK $1,705,227.50 65% of private earthwork not associated with streets $1,108,397.88 RETAINING WALLS Description QTY UNIT UNIT PRICE AMOUNT 2' Retaining Wall 4' Retaining Wall 12,510 LF 50.00 625,500.00 5,405 LF 82.00 443,210.00 6' Retaining Wall (Structural) 8' Retaining Wall (Structural) 1,830 LF 120.00 219,600.00 425 LF 165.00 70,125.00 10' Retaining Wall Structural 310 LF 215.00 66,650.00 TOTAL RETAINING WALLS $1,425,085.00 J:\Job\CEN18001_Sherley_325_Ac\Master Dev\_Entitlements\Development Agreement\20200430 REVISION\2020- 0430 REMAINDER SHERLEY-554 OPC.xlsx 7 of 7 I 1 r 1 t r / I w 1 t , -, --'� `1, COMMUNITY �� X i �GARDENS� OF IF BOTANICAL :r GARDEN F ,¢ DOG\PARK. i\ Spy+ r' ro 0 -1 1 —. -------------- - `1 _- it 1, ;' `,-- " •_-- ,- _ 1' _ ,\; I I 1 THIS PLAN IS.CONCEPTUAL IN NATURE AND MAY- NOT NECESSARILY BE BUILTAS DEPICTED. P E LOTO N 11111 L A N D S O L U T I O N S -------------- ---- -� —�----- - - - - ---------- `' L7 y, SHERLEYCONCEPTPLAN ANNA, TEXAS N7A SHERLEY LOT TABULATION Phase Lot Count Acreage 72 (Townhome) (T PHASE ONE 4 ±70.3 Acres (40' X 110') 212 (50' X 110') 118 TO TOWNHOME 108 (SENIOR LIVING) 79 (40' X 110') (4 ill REMAINDER 220 $777 Acres (50' X 120') 139 (60' X 120') 55 (70' X 120') (7 26 (60' X 125') (8 COMMERCIAL/MULTI-FAMILY TRACT 34298 Acres TOTAL: 984 LOTS 325.1757 ACRES 4 it 0 200' 400' 600' GRAPHIC SCALE MARCH 26, 2020 II IT /1 jel EMI now goo am* \ ti wo* I I woo I I ' NOTE: THIS PLAN IS CONCEPTUAL IN NATURE AND MAY NOT NECESSARILY BE BUILT AS DEPICTED. TRAILS TO BE CONSTRUCTED IN PHASES CONCURRENT WITH ADJACENT RESIDENTIAL DEVELOPMENT. THE ULTIMATE LOCATION OF TRAILS SHALL BE DETERMINED DURING THE FINAL DESIGN PROCESS. I I a �r P E L O T O N EXHIBIT C-2 Z° 4°° 6° I I LAND SOLUTIONS ANNA, TEXAS GRAPHIC SCALE Exhibit D Development Standards These Development Standards reference the City of Anna Zoning Ordinance, Subdivision Regulation, Subdivision Design Standards, and Tree Preservation & Landscape Regulations effective April 9, 2019 and are not subject to future revisions, amendments or changes. Definitions: The following additional definitions shall apply: Quadplex: Single -story building with a maximum of four dwelling units per building. Each dwelling unit will have a distinct ingress/egress and garage. Driveways can be shared between adjacent garages. 2. Permitted Uses and Development Standards: The permitted uses and standards shall be in accordance with the SF-Z Single -Family Residence District - Zero lot line homes, SF-TH Townhome District, SF-60 Single -Family Residence District, SF-72 Single -Family Residence District, and SF-84 Single -Family Residence District zoning districts, unless otherwise specified herein. SF-TH-SR: Townhome Senior District: Provides age -restricted attached housing arranged as single -story quadplex buildings. Permitted uses and standards shall be in accordance with the SF-TH Townhome District, unless otherwise specified herein. To be established and recorded in the CCR's. SF - TH SF - TH - SR SF-Z SF-60 SF-72 SF-84 Typical Lot Size 70' x 12 per Concept 25' x 90' 85' x 75' 40' x 110' 50' x 120' 60' x 120' 80' x 125' Plan Lot/Unit Count per Concept 190 108 143 323 139 55; 26 Plan Maximum Lot/Unit Count 200 115 150 340 145 58; 27 (+5%) Minimum Lot/Unit Count (- 180 100 135 305 132 52; 25 5%) Maximum height (feet) 35 35 35 35 35 35 Side Yard, 0/5 0/5 5 5 5 5 interior (feet) Side Yard, corner 10 10 10 10 10 10 lot, street side (feet) Rear Yard (feet) 10 10 10 15 15 15 Front Yard (feet) 20 20 20 25 25 25 Lot Area (feet) 2000 2000 4000 6000 7200 8400 Min. Lot Width (feet) 20 20 40 50 60 70 Min. Lot Depth (feet) 80 80 100 100 110 110 Max. Lot Coverage(%) 70 70 85 55 55 55 Building Size (square feet) 900 900 1200 1600 1800 1800 Masonry (%) 60 60 60 60 60 60 3. Supplementary Design Standards: a. Waiver of strict compliance with masonry requirements shall not be required [9.04.034(d)]; b. 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 [9.04.034(e)(1)(A)]; c. Garages for lots developed as SF-TH or SF-TH-SR may be developed as front entry and shall not be required to provide swing drives ("J" drives) or be restricted to alley access. Garage door frontage restrictions shall not apply [9.04.034(e)(3)]; d. Building Articulation: At least two (2) facade articulation techniques will be provided on each single-family home [9.04.034(e)(4)]; e. Front porch of at least forty (40) square feet [9.04.034(e)(4)(D)]; f. Divided light windows in front is an acceptable technique for building fagade articulation; 4. Landscaping Standards: a. Section 9.06.006(p) is deleted in its' entirety; b. Requirements for single-family residential lots: One tree per lot for SF-TH, SF-TH-SR and SF-Z lots shall be planted in either the front or rear yard at the builder's discretion. Two trees per lot will be required for SF-60, SF-72 and SF-80 lots; at least one tree must be planted in the front yard [9.06.006(q)]; c. Only tree species listed in Section 9.07 Appendix 2, Overstory (Shade) Trees will be required to satisfy these Standards. 5. Tree Preservation: a. Remove definition of protected tree, quality tree, specimen tree, and tree survey [9.07.002]; b. An aerial photograph canopy map at the same scale as the site plan or preliminary plat with building pad, pavement areas, and other construction features that will disturb the land indicated. The aerial photograph canopy map shall include the following information [9.07.008(b)(2)]; c. An aerial photograph accompanied by a transparent plan of the development at the same scale as the photograph, showing all non - disturbance areas and proposed exemption areas where no trees will be critically altered will be provided, The aerial photograph will also include an outline of the existing tree canopy area on the property and the calculated area (square feet or acres) of the existing canopy coverage. [9.07.008(b)(2)(G-K)]; d. A tree preservation plan shall be submitted showing existing tree canopy to remain, existing tree canopy to be removed, and replacement trees with type, location, number, and size of replacement trees indicated. The tree preservation plan information may be included on the aerial photograph canopy map if all information can be clearly delineated [9.07.008(d)]; e. Tree replacement credits will be given for all trees planted under Landscaping Standards 4.b and 4.c above. Trees planted to provide canopy coverage will be credited at its canopy coverage at normal maturity. These credits are as follows: • Large canopy tree with typical crown width of fifty (50) feet in diameter two thousand (2,000) square feet; • Medium canopy tree with typical crown width of thirty (30) feet in diameter seven hundred (700) square feet; • Small canopy tree with typical crown width of ten (10) feet in diameter one hundred (100) square feet Tree replacement canopy will be provided for up to 25% of the tree canopy removed from the site [9.07.011(1) and 9.07.013 (B-E)]; P E LOTO N E-1 I-\ GRAPHIC SCALE I I I L AND SO L U T I ON S NOVEMBER 2019 P E LOTO N E-2 m6mmmmlmi II I LAND SOLUTIONS NOVEMBER 2019 GRAPHIC SCALE P E LOTO N E-3 m6mmmommi IIIII LAND SOLUTIONS GRAPHIC SCALE NOVEMBER 2019 DRAFT SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT This Sherley Tract Subdivision Improvement Agreement (this "Agreement") is entered into between the CITY OF ANNA, TEXAS, (the "City"), BFB ANA 40 Acres, LLC, a Texas limited liability company (the "In -City Property Owner"), and MM Anna 325, LLC, a Texas limited liability company ("Developer'), to be effective on (the "Effective Date"). ARTICLE I RECITALS WHEREAS, certain terms used in these recitals are defined in Article II; and WHEREAS, the In -City Property Owner, the Developer, and the City are sometimes collectively referenced in this Agreement as the "Parties," or, each individually, as "Party"; and WHEREAS, the City is a home -rule municipality of the State of Texas; and WHEREAS, the Developer owns approximately 290.877 acres of real property located within the extraterritorial jurisdiction (the "ETJ") of the City (the "PID Property"), and the In -City Property Owner owns approximately 31.962 acres of real property located within the city limits of the City (the "In -City Property" and together with the PID Property, the "Pro e "), and which Property is described by metes and bounds and depicted on Exhibit A-1; and WHEREAS, the In -City Property shall be a commercial/retaiVmultifamily development and is described by metes and bounds and depicted on Exhibit A-2; and WHEREAS, the PID Property shall be a residential development including single-family homes, townhouses, and senior independent living homes, and is described by metes and bounds and depicted on Exhibit A-3; and WHEREAS, the PID Property is located within the ETJ of the City and not within the ETJ or corporate limit of any other municipality, and in Collin County, Texas (the "Coon "); and WHEREAS, the Developer and the City desire to have the PID Property annexed into the City's corporate boundaries and provide the City with greater regulatory powers and controls over the development of the PID Property as set forth in this Agreement; and WHEREAS, the Developer intends to file a voluntary petition for annexation of the PID Property at least 60 days before of the issuance of the first series of PID Bonds, and the City will act upon the annexation petition upon or promptly after the sale of the first PID Bonds; and WHEREAS, this Agreement shall be effective upon passage of this Agreement and before the annexation of the PID Property into the City; and SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE 1 WHEREAS, Developer desires and intends to construct and/or make financial contributions to certain on -site and/or off -site public improvements to serve the development of the PID Property ("Authorized Improvements"), which Authorized Improvements are generally identified in Exhibit B; and WHEREAS, in consideration of the Developer's agreements contained herein to accomplish the high -quality development of the Property envisioned by the Parties and to provide financing for the Authorized Improvements, the City intends to exercise its powers to create a PID to be coterminous with the PID Property in accordance with the PID Act, and to create one or more TIRZ for phases of residential development of the PID Property in accordance with the TIRZ Act; and WHEREAS, the Developer plans to develop the Property as an urban multi -use master planned development upon the execution of this Agreement and subsequent issuance of PID Bonds by the City for the payment of certain costs for the construction and acquisition of certain public improvements to benefit the PID Property, and for the repayment to Developer for certain costs advanced for the construction and acquisition of certain public improvements to benefit the PID Property as set forth in this Agreement; and WHEREAS, the Developer intends for the design, construction and installation of the Authorized Improvements to occur in a phased manner and to dedicate all such Authorized Improvements to the City for use and maintenance, subject to approval of the plans and inspection of the Authorized Improvements in accordance with this Agreement and the City Regulations, and contingent upon the issuance of PID Bonds for partial or total financing of such Authorized Improvements; and WHEREAS, the Developer and the City estimate that the cost of the Authorized Improvements are estimated to be $32,000,000.00; and WHEREAS, the City recognizes the positive impact that the construction and installation of the Authorized Improvements for the RID will bring to the City and will promote state and local economic development; to stimulate business and commercial activity in the municipality; for the development and diversification of the economy of the state; development and expansion of commerce in the state; and elimination of employment or underemployment in the state; and WHEREAS, the City recognizes that financing of the Authorized Improvements confers a special benefit to the PID Property within the PID; and WHEREAS, in consideration of the Developer's agreements contained herein, the City shall exercise its powers under the PID Act, to provide financing arrangements that will enable the Developer to do the following in accordance with the procedures and requirements of the PID Act and this Agreement: (a) fund or be reimbursed for a specified portion of the costs of the Authorized Improvements using the proceeds of PID Bonds; or (b) obtain reimbursement for the specified portion of the costs of the Authorized Improvements, the source of which reimbursement will be installment payments from Assessments within the PID Property, provided that such reimbursements shall be subordinate to the payment of PID Bonds and Administrative Expenses; and SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE 2 WHEREAS, the City, subject to the consent and approval of the City Council, and in accordance with the terms of this Agreement and all legal requirements, including but not limited to the Indenture, intends to: (i) adopt a Service and Assessment Plan; (ii) adopt an Assessment Ordinance (to pay for a specified portion of the Budgeted Cost(s) shown on Exhibit B and approved by the City's Director of Public Works or his designee and the costs associated with the administration of the PID and the issuance of the PID Bonds); and (iii) issue, in multiple series, up to $32,000,000.00 in the principal amount of PID Bonds for the purpose of financing a specified portion of the costs of the Authorized Improvements and paying associated costs as described herein; and WHEREAS, the City shall use reasonable efforts to issue PID Bonds periodically up to a maximum principal amount of $32,000,000.00, in multiple series, to finance the Authorized Improvements in accordance with the Service and Assessment Plan; and WHEREAS, prior to the sale of the first PID Bond issue: (a) the City Council shall have approved and adopted the PID Resolution, a Service and Assessment Plan and an Assessment Ordinance (collectively, the "PID Documents"); (b) the City shall have reviewed and approved the Home Buyer Disclosure Program; (c) owners of the PID Property constituting all of the acreage in the PID at the time of the issuance of the first PID Bonds shall have executed a Landowner Agreement (as defined in Article II, herein); and (d) the Developer shall have delivered a fully executed copy of the Landowner Agreement(s) to the City; and WHEREAS, the Parties agree that the Authorized Improvements are also improvements that qualify as projects under Texas Tax Code Chapter 311, as amended; and WHEREAS, as soon as is practicable and prior to the first PID Bond issue, in consideration of the Developer's agreements contained herein, the Parties shall use best efforts to have agreed to the final form of the following documents (collectively, the "TIRZ Documents"), which will enable the Developer to be reimbursed for a specified portion of TIRZ eligible reimbursement costs for the first phase of development of the PID Property: (a) a TIRZ Project and Finance plan; (b) a TIRZ Ordinance; and (c) an ordinance approving the final TIRZ Project and Finance plan required by the TIRZ Act; and WHEREAS, prior to the authorization of the first Bond issue, the City Council intends to have approved a TIRZ Ordinance and to have created a TIRZ to be coterminous with the first phase of development within the PID Property; and WHEREAS, the Parties intend for the City to create an additional TIRZ for each subsequent phase of development on the PID Property; and WHEREAS, in consideration of the Developer's agreements contained herein, the City intends to exercise its powers under the TIRZ Act to create one or more TIRZ and intends to adopt, approve, and execute the TIRZ Documents for each TIRZ created on the PID Property to dedicate up to fifty percent (50%) of the City's collected ad valorem tax increment based on the City's ad valorem tax rate in effect on the date of the establishment of each TIRZ to off -set or pay a portion of any Assessments levied on the PID Property for the costs of Authorized Improvements for a period of up to thirty-one (31) years after each TIRZ is created or until the cumulative total amount of TIRZ SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE 3 Increment placed into the TIRZ Funds for each TIRZ not to exceed a total of $14,751,553, whichever comes first, paid in accordance with each TIRZ Project and Finance Plan and the SAP; and WHEREAS, all of the City's Administrative Expenses associated with each TIRZ will be paid in accordance with the TIRZ Act, and the City will not be responsible for payment of such costs; and WHEREAS, to the extent funds must be advanced to pay for any costs associated with the creation of the PID, each TIRZ, the issuance of PID Bonds or the preparation of documentation related thereto, including any costs incurred by the City and its consultants and advisors (excluding the fees associated with closing the PID Bonds), the Developer shall be responsible for advancing such funds, shall have a right to reimbursement for certain funds advanced from the proceeds of PID Bonds, Assessment revenues or TIRZ Increments, and the City will not be responsible for such reimbursement or the payment of such costs from any other sources of funds; and WHEREAS, unless expressly set forth to the contrary in this Agreement, it is the Parties' mutual intent that this Agreement shall supersede City Regulations only to the extent that City Regulations directly conflict with the terms of this Agreement; and WHEREAS, Developer understands and acknowledges that the obligations undertaken under this Agreement are primarily for the benefit of the Property; and WHEREAS, Developer understands and acknowledges that acceptance of this Agreement is not an exaction or a concession demanded by the City but rather is an undertaking of Developer's voluntary design to ensure consistency, quality, and adequate infrastructure that will benefit Developer's development of the Property; and WHEREAS, it is the intent of the Parties that the Property will be developed substantially in compliance with an agreed upon concept plan (the "Concept Plan"), which is attached hereto as Exhibit C, and which may be revised as set forth in this Agreement and in accordance with applicable City Regulations and the development standards set forth in certain proposed planned development zoning standards ("Development Standards"), which Development Standards are attached hereto as Exhibit D; and WHEREAS, the Parties intend for the City to approve any revisions to the Concept Plan as a condition to the recording of a final plat in the Land Recordings of the Collin County Clerk's Office for the first (1st) phase of the Development; and WHEREAS, immediately following annexation of the PID Property, the City intends to consider zoning the PID Property as a planned development district and the Parties acknowledge that the Property may be developed and used in accordance with this Agreement notwithstanding any zoning of the PID Property in conflict with this Agreement; and WHEREAS, as the PID Property is within the City's ETJ on the Effective Date, the Parties have the authority to enter into this Agreement pursuant to Section 212.171 et seq of the Texas Local Government Code; and SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE 4 WHEREAS, the Parties intend that this Agreement is a development agreement as provided for by state law in Section 212.171 et seq of the Texas Local Government Code; and WHEREAS, this Agreement shall constitute a "permit" under Chapter 245 of the Texas Local Government Code and as allowed pursuant to Section 212.172(g) of the Texas Local Government Code; and NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: ARTICLE II DEFINITIONS Unless the context requires otherwise, the following terms shall have the meanings hereinafter set forth: Administrative Expenses shall include, without limitation, expenses incurred by the City in the establishment, administration, and operation of the PID and each TIRZ. Amenity Center means the lot and improvements required under this Agreement to be constructed by the Developer and maintained by the HOA that shall include amenities including a clubhouse with fitness center with weight room and cardiovascular equipment, a kitchen, a meeting area, and restrooms; swimming pool; children's pool; playground with seating; ornamental metal fencing; and landscape planting beds; all consistent with the Amenity Center Concept Plan and the minimum standards as set forth in Exhibit C-1. Arterial "Rosamond Parkway" Roadway provements mean the Major Improvements to Arterial "Rosamond Parkway" as described and depicted in further detail in Exhibit E-1 and in accordance with design/construction plans to be approved by the City. Assessment means the assessment levied by the City Council pursuant to the Assessment Ordinance, to pay for a specific portion of the Budgeted Cost. Assessment Ordinance means the ordinance approved by the City Council which levies assessments on the PID Property in accordance with the PID Act to pay for a specified portion of the costs of the Authorized Improvements set forth in the Service and Assessment Plan as well as the costs associated with the issuance of the PID Bonds that provide a special benefit to the PID Property. Assessment Roll means the Assessment Roll attached to the Service and Assessment Plan or any other Assessment Roll in an amendment or supplement to the Service and Assessment Plan or in an annual updated to the Service and Assessment Plan, showing the total amount of the Assessment against each parcel assessed under the Service and Assessment Plan related to the Authorized Improvements. Authorized Improvements means water, sewer, drainage, and roadway facilities needed to serve the PID Property and to be constructed by the Developer or by or on behalf of the City and to be SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE 5 owned and maintained by the City, including but not limited to certain off -site improvements, as identified in Exhibit B. Authorized Improvement Costs means the actual costs of design, engineering, construction, and inspection of the Authorized Improvements. Bond Ordinance means and refers to an ordinance adopted by the City Council that authorizes and approves the issuance and sale of the PID Bonds. Bond Security means Assessments levied against the PID Property by the City. Budgeted Cost with respect to any given Authorized Improvement means the estimated cost of such improvement as set forth in Exhibit B. City means the City of Anna, a home rule municipality located in Collin County, Texas. City Code means the Anna City Code of Ordinances and all of its provisions and regulations or standards adopted by reference in said Code in effect on the Effective Date; provided, however, that as it relates to Public Infrastructure for any given phase, the applicable construction standards (including, without limitation, uniform building codes) shall be those that the City has duly adopted at the time of the filing of an application for a preliminary plat for that phase unless construction has not commenced within two years of approval of such preliminary plat in which case the construction standards shall be those that the City has duly adopted at the time that construction commences, except that to the extent there is a conflict between the City Code and the Development Standards, the Development Standards shall control. City Council means the City Council of the City. 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 if the designation is in writing and signed by the current or acting City Manager. City PID Fee means a fee of $3,400 per residential lot to be paid by the Developer to the City upon the closing of PID Bonds for each phase of the Development and which shall be calculated based on the number of residential lots in such phase of the Development in accordance with Section 3.3. City Regulations mean City Code provisions, ordinances, design standards (including but not limited to the City's Neighborhood Design Standards and the Development Standards), uniform codes, policies, requirements, limitations, restrictions, and other regulations (including but not limited to all fees and land dedications applicable to the Development) duly adopted by the City and in effect on the Effective Date; provided, however, that as it relates to Public Infrastructure for any given phase, the applicable construction standards (including, without limitation, uniform building codes) shall be those that the City has duly adopted at the time of the filing of an application for a preliminary plat for that phase unless construction has not commenced within two years of approval of such preliminary plat in which case the construction standards shall be those that the City has duly adopted at the time that construction commences, except that to the extent SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE 6 there is a conflict between the City Regulations and the Development Standards, the Development Standards shall control. Collector "E-W" Roadway Improvements mean the Major Improvements to Collector "E-W" as described and depicted in further detail in Exhibit E-1 and in accordance with design/construction plans to be approved by the City. Collector "N-S" Roadway Improvements mean the Major Improvements to Collector "N-S" as described and depicted in further detail in Exhibit E-1 and in accordance with design/construction plans to be approved by the City. Collector "Shady Brook Trail" Roadway provements mean the Major Improvements to Collector "Shady Brook Trail" as described and depicted in further detail in Exhibit E-1 and in accordance with design/construction plans to be approved by the City. Collector "Standridge Parkway" Roadway !Lnprovements mean the Major Improvements to Collector "Standridge Parkway" as described and depicted in further detail in Exhibit E-1 and in accordance with design/construction plans to be approved by the City. Construction Cost means the costs actually paid for Public Infrastructure related to engineering, design, permitting, construction, inspection, testing, and off -site, third -party property/easement acquisitions; however, the cost of off -site, third -party property/easement acquisitions shall be limited to the fair -market value of any property/easement acquired, plus any damages to the remainder, all as determined by a Licensed Appraiser selected by the City, and Eminent Domain Fees. Developer means the entity responsible for developing the Property or any portion of the Property in accordance with this Agreement; provided, however, that "Developer" means both the Developer and the In -City Property Owner whenever Developer is obligated to perform any obligation or meet any requirement under this Agreement as relates to the In -City Property. Development means the new development on the Property that is the subject of this Agreement. Development Standards mean the design and development standards for the Development as set forth in Exhibit D. Developer Cash Contribution means that portion of the Authorized Improvement Costs that the Developer is contributing to initially fund the Authorized Improvements. Effective Date means the date upon which the last of all of the Parties has approved and duly executed this Agreement. End Buyer means any Developer, developer, tenant, user, or owner of a Fully Developed and Improved Lot. SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE 7 Fully Developed and Improved Lot means any lot, regardless of proposed use, which is served by the Authorized Improvements and for which a final plat has been approved by the City and recorded in the real property records of Collin County. Home Buyer Disclosure Program means the disclosure program, administered by the PID Administrator as set forth in a document in the form of Exhibit F that establishes a mechanism to disclose to each End Buyer the terns and conditions under which their lot is burdened by the PID. Hurricane Creek Regional Trunk Sewer Improvements means a certain segment of a regional sanitary sewer trunk line to be constructed by the City under this Agreement as generally depicted in Exhibit E-2. Improvement Account of the Project Fund means the construction fund account created under the Indenture used to pay for the construction or acquisition of the Authorized Improvements. Indenture means an indenture under which PID Bonds are issued. Landowner(s) means the Developer and additional owners of the PID Property. Landowner Agreement means the agreement, as set forth in a document in the form of Exhibit G of an owner of the PID Property consenting to the form and terms of the PID Documents. Major Improvements means the Authorized Improvements described and depicted on Exhibits E- 1, E-2, and E-3 which benefit all the PID Property within the PID. Maximum TIRZ Contribution means an amount estimated to be $14,751,553, which amount is subject to a TIRZ par amount of $6,638,200 plus interest and excluding TIRZ Administrative Expenses, and as may be adjusted in accordance with the model set forth in Exhibit H, and further defined in the Final Project and Finance Plan. Neighborhood Trails mean a system of neighborhood hike and bike trails funded and constructed by the Developer and maintained by the HOA as said trails are described and depicted in further detail in Exhibit C-2 and in accordance with design/construction plans to be approved by the City. Non -Benefited Property means parcels or lots that accrue no special benefit from the Authorized Improvements, including but not limited to property encumbered with a public utility easement that restricts the use of such property to such easement. Notice means any notice required or contemplated by this Agreement (or otherwise given in connection with this Agreement). PID means a public improvement district created by the City for the benefit of the PID Property pursuant to Chapter 372, Texas Local Government Code, known as the Sherley Tract Public Improvement District. PID Act means Chapter 372, Texas Local Government Code, as amended. SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE 8 PID Administrator means an employee or designee of the City who shall have the responsibilities provided in the Service and Assessment Plan, an Indenture, or any other agreement or document approved by the City related to the duties and responsibilities for the administration of the PID. PID Bond Proceeds means the funds generated from the sale of the PID Bonds. PID Bonds means the revenue bonds or other obligations secured solely by the Bond Security. PID Resolution means the resolution adopted by the Council creating the PID. Property means the real property described by metes and bounds and depicted on Exhibit A-1. Public Infrastructure means all water, sewer, drainage, roadway and other public infrastructure necessary to serve the full development of the PID Property. Refundina Bonds means bonds issued pursuant to Section 372.027, Texas Local Government Code. Service and Assessment Plan( SAP„) means the PID Service and Assessment Plan and any SAP Update, to be adopted by the City Council for the purpose of assessing allocated costs against property located within the boundaries of the PID having terms, provisions and findings approved and agreed to by the Developer and City, as required by the PID Act and this Agreement. TIRZ means a tax increment reinvestment zone the City intends to create for the benefit of the PID Property or a portion thereof pursuant to Chapter 311, Texas Tax Code. TIRZ Act means Chapter 311 of the Texas Tax Code, as amended. TIRZ Board means the board of directors of each TIRZ that will be established in accordance with the TIRZ Act. TIRZ Documents means the TIRZ project and finance plan and the TIRZ Ordinance relating to each TIRZ as determined by the City. TIRZ Fund means the fund set up by the City if the TIRZ is created, in order to receive the TIRZ funds in accordance with this Agreement, state law and the TIRZ Documents. TIRZ Increment means an amount currently estimated at 50% inclusive of the TIRZ administrative expenses, which actual percentage shall be determined at the sale of the series of PID Bonds for each respective phase of Development (such PID Bonds to include financing of Major Improvements for the PID Property in one or more series), of the ad valorem tax increment, as determined on a parcel by parcel basis each year under Section 311.012 of the Texas Tax Code, that is generated by the PID Property from ad valorem taxes levied and collected by the City for a term of thirty-one (31) years. TIRZ Ordinance means the City ordinance creating each TIRZ. SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE 9 TIRZ Project and Finance Plan means the project plan and finance plan that governs TIRZ operations. TIRZ Proi ect(s) means any project composed of a certain portion of the Authorized Improvements, as described in Exhibit B to be undertaken by the PID, including costs to issue PID Bonds and pay for interest upon said PID Bonds, as applicable, as well as any TIRZ. Waterline Improvements means waterline improvements as described and depicted in further detail in Exhibit E-3 and in accordance with design/construction plans to be approved by the City. ARTICLE III PUBLIC IMPROVEMENT DISTRICT 3.1 PID Creation and Levy of Assessments. The City shall use its best efforts to initiate and approve all necessary documents and ordinances required to effectuate this Agreement, to create the PID, and to levy the Assessments on the PID Property within the PID. The City will prepare and approve the Service and Assessment Plan providing for the levy of the Assessments on the PID Property. Promptly following preparation and approval of a Service and Assessment Plan acceptable to the Developer and the City and subject to City Council making findings that the Authorized Improvements confer a special benefit on the PID Property, the City Council shall consider an Assessment Ordinance. The Developer shall develop the PID Property consistent with the terms of this Agreement. Nothing contained in this Agreement, however, shall be construed as creating a contractual obligation that controls, waives, or supplants the City Council's legislative discretion or functions. 3.2 Acceptance of Assessments and Recordation of Covenants Running with the Land. Concurrently with the levy of the Assessment, the Developer shall approve and accept in writing the levy of the Assessment(s) on all land owned by the Developer and shall approve and accept in writing the Home Buyer Disclosure Program and shall cause to be recorded against the PID Property covenants running with the land that will bind any and all current and successor Developers and owners of the PID Property to: (i) pay the Assessments, with applicable interest and penalties thereon, as and when due and payable hereunder and that the purchasers of such land take their title subject to and expressly assume the terms and provisions of such assessments and the liens created thereby; and (ii) comply with the Home Buyer Disclosure Program. The covenants required to be recorded under this paragraph shall be recorded substantially contemporaneously with the recordation of the final plat of the applicable phase except for the Final SAP which will be recorded immediately after approval by the City. 3.3 City PID Fee. The Developer shall pay to the City, simultaneously with the closing of each series of PID Bonds issued under this Agreement, the amount of the City PID Fee based upon the number of residential lots in the applicable phase of Development for which the PID Bonds are being issued. The aggregate amount of the City PID Fee shall not exceed $3,345,600 (984 residential lots multiplied by $3,400) and shall not be refundable for any reason. The City PID Fee shall not be reimbursable from Assessments or PID Bond Proceeds. The City PID Fee SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE 10 shall not be increased, decreased or discounted for any reason, including without limitation a change in the number of lots ultimately developed within the Development. ARTICLE IV 4.1 Authorized Improvements. Prior to the issuance of PID Bonds, the Budgeted Costs, Authorized Improvements and Authorized Improvement Cost are subject to change as may be agreed upon by Developer and the City and, if changed, shall be updated by the Developer and the City consistent with the Service and Assessment Plan and the PID Act. All approved final plats within the Development shall include those Authorized Improvements located therein and the respective Authorized Improvement Costs shall be finalized before the applicable final plat is approved by the City Council. Without limiting the foregoing, and on a phase -by -phase basis, as applicable, Budgeted Costs, Authorized Improvement Costs, the timetable for installation of the Authorized Improvements, and all other pertinent information and data will be reviewed at least annually by the Parties in an annual update of the Service and Assessment Plan adopted and approved by the City consistent with the requirements of Section 372.013(b) of the PID Act. 4.2 Construction, Ownership, and Transfer of Authorized Improvements. (a) Contract Award. The Developer's engineers shall prepare, or cause the preparation of, and provide all contract specifications and necessary related documents. Certain portions of the Budgeted Cost(s) shall be paid from the proceeds of PID Bonds in accordance with the applicable Indenture. (b) Construction Standards and Inspection. The Authorized Improvements and all other Public Infrastructure required for the development of the PID Property shall be constructed and inspected —and all fees applicable to the Development shall be paid by Developer —in accordance with applicable state law, City Regulations, the applicable Bond Ordinance and other development requirements, including those imposed by any other governing body or entity with jurisdiction over the Authorized Improvements. (c) Contract Letting. This Agreement and construction of the Authorized Improvements, including the TIRZ Projects, are anticipated to be exempt from competitive bidding pursuant to Texas Local Government Code Section 252.022(a)(9) and 252.022(a)(11) based upon current cost estimates. However, in the event that the actual costs for the Authorized Improvements do not meet the parameters for exemption from the competitive bid requirement, then either competitive bid or alternative delivery methods may be utilized by the City as allowed by law. The Parties acknowledge that the construction contracts for the construction of Authorized Improvements have not been awarded as of the Effective Date and contract prices have not yet been determined. Before entering into any construction contract for the construction of all or any part of the Authorized Improvements, the Parties agree as follows: (1) Developer's engineers shall prepare, or cause the preparation of, and submit to the City all contract specifications and necessary related documents, including but not limited to the proposed construction contract showing the negotiated total contract price and scope of work. SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE 11 (2) Developer shall submit all such documents along with a written notice of intention to let a construction contract at least 20 days in advance of the date that Developer intends to execute such contract. (3) Within 15 days after receipt of the written notice and associated documents, the City Manager may: (i) approve the amount of the contract price and provide written notice to the Developer that the Developer may execute the construction contract and provide a copy to the PID Administrator; or (ii) require that the contract be procured through competitive bidding or competitive sealed proposals ("Competitive Procurement") if the actual costs of the Authorized Improvements do not meet the parameters for exemption from the competitive bidding. If the City fails to notify the Developer within such 15-day period, the City shall be deemed to have approved the contract price and authorized the Developer to execute the construction contract. (4) In order to require Competitive Procurement, the City must provide the Developer with written notice of said requirement within 15 days of delivery to the City of the written notice as required under Section 4.2(c)(2), above. (5) If the City Manager requires Competitive Procurement, then the Developer must: (i) advertise for and award the contract in the same manner set forth for competitive sealed bids or competitive sealed proposals Local Government Code Chapter 252 as if the City were pursuing a public improvement contract subject to said Chapter 252 as approved by the City Manager; and (ii) supply the City with true and complete copies of all notices of bid/proposal requests and all bids/proposals subsequently received. (d) Ownership. All of the Authorized Improvements shall be owned by the City upon acceptance of them by the City. The Developer agrees to take any action reasonably required by the City to transfer or otherwise dedicate or ensure the dedication of, easements for the Authorized Improvements to the City and the public. (e) Operation and Maintenance. Upon inspection, approval, and acceptance of the Authorized Improvements, the City shall maintain and operate the accepted Authorized Improvements. (f) Applicability. Subsections (a)-(c), above, shall not apply to Public Infrastructure that the City is obligated to fund and construct under this Agreement, if any. (g) Water and Sewer Service. The City currently holds the certificates of convenience and necessity to provide retail water and sewer service to the Property. The Property will be served by the City. ARTICLE V ADDITIONAL OBLIGATIONS SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE 12 5.1 Sanitary Sewer Facilities. Developer is responsible for funding and construction in a good and workmanlike manner of all sanitary sewer improvements required to serve the PID Property that are not constructed by the City under this Agreement. The City is responsible for the funding and construction of the Hurricane Creek Regional Trunk Sewer Project Improvements as shown on Exhibit E-2. The City is responsible for funding pump and haul sanitary sewer service for the Property as needed. Notwithstanding anything to the contrary in this Agreement, the City shall not withhold building permits for any delay to the Developer caused by the City's failure to complete the Hurricane Creek Regional Trunk Sewer Project Improvements. 5.2 Water Facilities. Developer is responsible for the funding and construction in a good and workmanlike manner of all water improvements required to serve the PID Property that are not constructed by the City under this Agreement. Prior to the issuance of a residential building permit for Phase 1, the Developer is responsible for the funding and construction of the Standridge Parkway, E-W Collector and Shadybrook Trail waterlines as shown on Exhibit E-3 which water lines shall be a TIRZ Project, and which costs are reimbursable to the Developer as a qualified TIRZ Project. 5.3 Roadway Facilities. Developer is responsible for the funding and the construction in a good and workmanlike manner of the roadway improvements required to serve each phase of the PID Property that are not funded and constructed by the City under this Agreement. Prior to the issuance of a residential building pen -nit for each phase of the Development, Developer is responsible for the funding and construction of the roadway projects for the applicable phase as shown on Exhibit E-1, which projects shall be TIRZ Projects, and which costs are reimbursable to the Developer as qualified TIRZ Projects. Upon inspection, approval and acceptance, City shall maintain and operate the roadway improvements for the Property. Notwithstanding anything to the contrary in this Agreement, the City is responsible for the acquisition of all rights of way and easements needed for the Developer's construction of the offsite portion of Rosamond Parkway between Standridge Parkway and U.S. Highway 75 as shown on Exhibit E-1 attached hereto. The City shall not withhold building permits for any delay to the Developer caused by the City's failure to obtain any of said rights of way or easements. 5.4 Drainage/Detention Infrastructure. Developer shall have full responsibility for designing, installing, and constructing the drainage/detention infrastructure that will serve the Property and the cost thereof. Prior to the recordation of the final plat for any phase of Development, Developer shall complete in a good and workmanlike manner construction of the drainage/detention improvements necessary to serve such phase. Upon inspection, approval and acceptance, City shall maintain and operate the drainage improvements for the Property. 5.5 Screening, Landscaping, and Entryways. On or before one hundred fifty (150) days after final City acceptance of the Public Infrastructure for each phase of the Development, Developer shall complete construction, in a good and workmanlike manner, of the landscaping, screening and entryways for such phase in accordance with City Regulations. Said improvements shall thereafter be maintained in good appearance and repair by the HOA or the POA as applicable. 5.6 Homeowners Association and Property Owners Association. SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE 13 (a) Mandatory Homeowners Association. As relates to the PID Property, the Developer will create, in a manner acceptable to the City, a mandatory homeowner association ("HOA"), which HOA, whether one or more, shall be required to levy and collect from home owners within the PID Property annual fees in an amount calculated to maintain the open spaces, common areas, the Amenity Center as described and defined in this Agreement, hike and bike trails located in common areas, portions of which will be open to the public, right-of-way irrigation systems, raised medians and other right-of-way landscaping, and screening walls within the PID. Common areas including but not limited to the Amenity Center, the water feature, screening, landscaping, gardens, entrances to the Development and right-of-way landscaping shall be maintained solely by the HOA. Maintenance of public rights -of -way landscaping and screening by the HOA shall comply with City Regulations and shall be subject to oversight by the City. (b) Mandatory Property Owner's Association. As relates to the In -City Property, Developer will create, in a manner acceptable to the City, a mandatory property owner association ("POA"), which POA, whether one or more, shall be required to levy and collect from property owners within the In -City Property annual fees in an amount calculated to maintain the open spaces, common areas, water features, sidewalks, landscaping/screening in common areas and other common areas within the In -City PID. All such common areas shall be maintained solely by the POA. Maintenance of public rights -of -way landscaping and screening by the POA shall comply with City Regulations and shall be subject to oversight by the City. 5.7 Performance Window; Election to Terminate; Liquidated Damages. In the event that the Developer does not satisfy all of its obligations under its control pursuant to Section 6.1 or does not request that the City issue PID Bonds on or before June 1, 2021, neither Party shall thereafter be required to perform under this Agreement and this Agreement will terminate. If this Agreement is terminated under this Section 5.7 or is otherwise terminated early under any other provision of this Agreement, Developer must within 30 days of such termination file or caused to be filed with the City an irrevocable petition by the owners of the PID Property to dissolve the PID and shall thereafter promptly undertake any and all reasonable actions to facilitate the dissolution of the PID and the TIRZ—notwithstanding anything to the contrary in this Agreement —the Developer's obligations regarding the dissolution of the PID and the TIRZ in accordance with this section shall survive such termination. 5.8 Concept Plan; Revisions. (a) The Concept Plan illustrates the approved development concept for the Property but has not been engineered and does not represent the final design that will be approved through the final platting process. As a result, Developer may revise the Concept Plan with City Manager approval to make revisions necessitated by final engineering and design of the development project prior to final platting, provided the number of residential lots shown on the Concept Plan does not increase by greater than five percent (5%), the numbers of residential lots in each category shown on the Concept Plan does not increase by greater than five percent (5%), and the amount of open space shown on the Concept Plan does not decrease by greater than five percent (5%). If the City Manager does not approve such revisions to the Initial Concept Plan within 15 days after receipt of a written request for approval, City Council approval of such revisions shall be required. Nothing in this paragraph shall preclude Developer from applying directly to the City Council for approval of any Concept Plan revisions, including revisions greater than the percentages listed herein. SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE 14 (b) Except as otherwise provided in subsection (a) of this section, all other revisions to the Concept Plan require the approval of the City Council. (c) If the Concept Plan is revised as provided by this section, the City Manager or his or her designee shall cause the revised Concept Plan to be attached to the official version of this Agreement on file with the City's Secretary's office, and Developer shall record a memorandum of the revised Concept Plan in the Land Recordings of the Collin County Clerk's office. 5.9 Restaurant and Water Feature. The Developer shall apply for and obtain the building permits necessary to commence construction of a restaurant and a water feature (respectively, "Restaurant and Water Feature") to be located on the In -City Property and shall commence construction of the Restaurant and Water Feature before the earliest of the following occurrences: (1) the expiration of three years after the execution of this Agreement; (2) the City's issuance of a building permit for any multiple -family residential structure greater than 275 units to be located on the In -City Property (the "Multifamily Structure"); or (3) the City's issuance of a building permit for the 301't single- family residential building permit as pertains to residences on the Property. The Developer shall complete construction of the Restaurant within one (1) year and six (6) months of commencing construction of same. The Restaurant building shall be a minimum of 5,000 square feet of air- conditioned space. The Water Feature shall be a minimum of 20,000 square feet in size. The Developer shall complete construction of the Restaurant and Water Feature before the City issues a certificate of occupancy for the Multifamily Structure and the City may withhold such certificate of occupancy until the Restaurant and Water Feature are completed. Developer shall also apply for and obtain the building permits necessary to commence construction and commence construction of a minimum of 10,000 square feet of additional non-residential space to be located on the In -City Property within six (6) years of the Effective Date. This is in addition to the 5,000 square foot Restaurant refenced above. 5.10. Amenity Center. Prior to the City's issuance of a building permit for the 401't residential building permit as pertains to residences on the Property, Developer shall complete construction of the Amenity Center in accordance with the applicable definition in Article II, and the City may withhold all residential building permits after the first 400 residential building permits until the construction of the Amenity Center is constructed. The site of the Amenity Center shall be approximately 2.25 acres at the location shown on Exhibit C-1. The exterior masonry requirement for the Amenity Center shall be 80%. 5.11 Neighborhood Trails. Developer is responsible for funding and construction of the Neighborhood Trails. Neighborhood Trails shall be constructed as required or necessary for each phase of the Development, and the Developer shall complete construction of each portion of the Neighborhood Trails within ten (10) months after the City's acceptance of the Authorized Improvements for the applicable phase. 5.12 Community and Botanical Garden. Developer is responsible for funding and construction of the Community and Botanical Garden within the PID Property as shown on the Concept Plan attached hereto as Exhibit C. The Community and Botanical Garden shall be SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE 15 completed within six (6) months after construction of the Public Infrastructure necessary to provide access to the Community and Botanical Garden site is completed. 5.13 In -City Property atg ions. Developer and the In -City Property Owner shall be jointly and severally obligated to perform all obligations and meet all requirements under this Agreement as relates to the In -City Property. ARTICLE VI PID BONDS 6.1 PID Bond Issuance. Subject to the satisfaction of conditions set forth in this article, the City may issue PID Bonds solely for the purposes of acquiring or constructing Authorized Improvements. The Developer may request issuance of PID Bonds by filing with the City a list of the Authorized Improvements to be funded with the PID Bonds and the estimated costs of such Authorized Improvements. The Developer acknowledges that the City may require at that time a professional services agreement that obligates the Developer to fund the costs of the City's professionals relating to the preparation for and issuance of PID Bonds, which amount shall be agreed to by the Parties and considered a cost payable from such PID Bonds. The issuance of PID Bonds is subject to all of the following conditions. (1) The City has evaluated and determined that there will be no negative impact on the City's creditworthiness, bond rating, access to or cost of capital, or potential for liability. (2) The City has determined that the PID Bonds assessment level, structure, terms, conditions and timing of the issuance of the PID Bonds are reasonable for the Authorized Improvement Costs to be financed and that there is sufficient security for the PID Bonds to be creditworthy. (3) All costs incurred by the City that are associated with the administration of the PID shall be paid out of special assessment revenue levied against property within the PID. City administration costs shall include those associated with continuing disclosure, compliance with federal tax law, agent fees, staff time, regulatory reporting and legal and financial reporting requirements. (4) The adoption of a service and assessment plan (the "Service and Assessment Plan") and an assessment ordinance levying assessments on all or any portion of the PID Property benefitted by such Authorized Improvements in amounts sufficient to pay all costs related to such PID Bonds and said PID Bonds shall be at a 3:1 Value to Lien ratio ("VTL") based on the anticipated final lots values as provided in a third -party appraisal; provided, however, it shall be at the City's discretion if the VTL is reduced to 2 t/z: l ratio, at which time, the amount of funds below the 3:1 VTL ratio shall be "restricted" from access by the Developer until such a time as the value of the Development reaches the 3:1 ratio. The final language and calculation will be provided for in the Certificate for Payment attached to any PID reimbursement SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE 16 Commented [CM1]: Needs to be a deadline for the public infrastructure to serve the gardens or the obligation to construct the gardens could be avoided or unduly delayed by not constructing the infrastructure necessary for the gardens. I have inquired with Developer's counsel but the issue is not resolved.. agreement between the City and the Developer, subject to the restricted amount not exceeding 15% of the total bond par amount. (5) The City has formed and utilized its own financing team including, but not limited to, bond counsel, financial advisor, PID Administrator, and underwriters related to the issuance of PID Bonds and bond financing proceedings. (6) The City has chosen and utilized its own continuing disclosure consultant and arbitrage rebate consultant. Any and all costs incurred by these activities will be included in City administration costs recouped from special assessments. The continuing disclosure will be divided into City disclosure and Developer disclosure, and the City will not be responsible or liable for Developer disclosure but the City's disclosures professional will be used for both disclosures. (7) The aggregate principal amount of PID Bonds issued and to be issued shall not exceed $32,000,000.00. (8) Each series of PID Bonds shall be in an amount estimated to be sufficient to fund the Authorized Improvements or portions thereof for which such PID Bonds are being issued. (9) Delivery by the Developer to the City of a certification or other evidence from an independent appraiser acceptable to the City confirming that the special benefits conferred on the properties being assessed for the Authorized Improvements increase the value of the property by an amount at least equal to the amount assessed against such property. (10) Approval by the Texas Attorney General of the PID Bonds and registration of the PID Bonds by the Comptroller of Public Accounts of the State of Texas. (11) The Developer is current on all taxes, assessments, fees and obligations to the City including without limitation payment of Assessments. (12) The Developer is not in default under this Agreement or, with respect to the Property, any other agreement to which Developer and the City are parties. (13) No outstanding PID Bonds are in default and no reserve funds established for outstanding PID Bonds have been drawn upon that have not been replenished. (14) The Administrator has certified that the specified portions of the costs of the Authorized Improvements to be paid from the proceeds of the PID Bonds are eligible to be paid with the proceeds of such PID Bonds. SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE 17 (15) The Authorized Improvements to be financed by the PID Bonds have been or will be constructed according to the approved Development Standards imposed by this Agreement including without limitation any applicable City Regulations. (16) The City has determined that the amount of proposed PID assessments and the structure, terms, conditions and timing of the issuance of the PID Bonds are reasonable for the project costs to be financed and the degree of development activity within the PID, and that there is sufficient security for the PID Bonds to be creditworthy. (17) The maximum maturity for PID Bonds shall not exceed 30 years from the date of delivery thereof. (18) The final maturity for any PID Bonds shall be not later than 45 years from the date of this Agreement. (19) The City has determined that the PID Bonds meet all regulatory and legal requirements applicable to the issuance of the RID Bonds. (20) Unless otherwise agreed to by the City, the PID Bonds shall be sold and may be transferred or assigned only (i) in compliance with applicable securities laws and (ii) in minimum denominations of $25,000 or integral multiples of $1,000 in excess thereof; provided, however, that the limitation on transferability or assignment in this subparagraph (ii) shall not apply if the PID Bonds have a rating of not less that BBB- from Fitch Ratings or Standard & Poor's Ratings Services or Baa3 from Moody's Investors Service, Inc. (21) If the applicable portion of Authorized Improvements has not already been constructed and to the extent PID Bond Proceeds are insufficient to fund such Authorized Improvement Costs, Developer shall, at time of closing the PID Bonds, fund or cause the funding of the difference between the Authorized Improvement Costs and the PID Bond Proceeds available to fund such Authorized Improvement Costs related to the applicable Authorized Improvement (without limiting any other provision, in the event Developer does not or cannot provide such funding, the City shall not be required to sell such PID Bonds, and Developer shall reimburse the City for all expenses and liabilities incurred by the City in connection with the proposed issuance of the PID Bonds). (22) No information regarding the City, including without limitation financial information, shall be included in any offering document relating to PID Bonds without the consent of the City. SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE 18 (23) The Developer agrees to provide periodic information and notices of material events regarding the Developer and the Developer's development within the PID in accordance with Securities and Exchange Commission Rule 15c2-12 and any continuing disclosure agreements executed by the Developer in connection with the issuance of PID Bonds. (24) The Developer satisfies the City's Director of Public Works or his designee that the Budgeted Cost(s) are reasonable. (25) Developer is not in default under a Developer Continuing Disclosure Agreement. (26) The issuance of any Refunding Bonds, the amount of assessment necessary to pay the Refunding Bonds shall not exceed the amount of the assessments that were levied to pay the PID Bonds that are being refunded. (27) The maximum tax equivalent assessment rate for the assessment levy shall not exceed $0.9572 per $100.00 taxable assessed valuation, without prior, written consent of the City, in its sole discretion. (28) Developer has completed and the City has accepted the Authorized Improvements for any previous phase of the Development; and (29) Unless otherwise set forth in this Section 6.1, a minimum value to lien ratio of 3:1 for PID Bonds; provided, however, it shall be at the City's discretion if the VTL is reduced to 2 '/z:l ratio, at which time, the amount of funds below the 3:1 VTL ratio shall be "restricted" from access by the Developer until such a time as the value of the Development reaches the 3:1 ratio. Any receivables due under any PID reimbursement agreement between the City and the Developer may be sold or assigned in accordance with Section 11.1 of the Agreement; such value shall be confirmed by appraisal from licensed MAI appraiser based on the assumption that development of property only includes the public improvements in place and to be constructed with the PID Bond proceeds and any Developer Cash Contribution deposited with trustee and finished lots (without vertical construction) for an improvement area. (30) The Developer and the City shall have entered into a PID reimbursement agreement that provides for the Developer's construction of certain Authorized Improvements and the City's reimbursement to the Developer of certain Authorized Improvement Costs. 6.2 Disclosure Information. Prior to the issuance of PID Bonds by the City, Developer agrees to provide all relevant information, including financial information, that is reasonably necessary in order to provide potential bond investors with a true and accurate offering document for any PID Bonds. Developer agrees, represents, and warrants that any information provided by SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE 19 Developer for inclusion in a disclosure document for an issue of PID Bonds will not, to Developer's actual knowledge, contain any untrue statement of a material fact or omit any statement of material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they were made, not misleading, and Developer further agrees that it will provide a certification to such effect as of the date of the closing of any PID Bonds. . 6.3 Qualified Tax -Exempt Status. (1) Generally. In any calendar year in which PID Bonds are issued, Developer agrees to pay the City its actual additional costs ("Additional Costs") the City may incur in the issuance of its own public securities or obligations on its own taxing power of municipal revenues (the "CitesObligations"), as described in this section, if the City Obligations are deemed not to qualify for the designation of qualified tax-exempt obligations (" TEO"), as defined in section 265(b)(3) of the Internal Revenue Code ("IRC") as amended, as a result of the issuance of RID Bonds by the City in any given year. The City agrees to deposit all funds for the payment of such Additional Costs received under this section into a segregated account of the City, and such funds shall remain separate and apart from all other funds and accounts of the City until December 31 of the calendar year in which the RID Bonds are issued, at which time the City is authorized to utilize such funds for any purpose permitted by law. On or before January 15th of the following calendar year, the final Additional Costs shall be calculated. By January 31st of such year, any funds in excess of the final Additional Costs that remain in such segregated account on December 31st of the preceding calendar year shall be refunded to the Developer and any deficiencies in the estimated Additional Costs paid to the City by Developer shall be remitted to the City by the Developer.). (2) Issuance of PID Bonds prior to CitObligations. A. In the event the City issues PID Bonds prior to the issuance of City Obligations, the City, with assistance from its financial advisor ("Financial Advisor"), shall estimate the Additional Costs based on the market conditions as they exist approximately 30 days prior to the date of the pricing of the PID Bonds (the "Estimated Costs"). The Estimated Costs are an estimate of the increased cost to the City to issue its City Obligations as non-QTEO. Promptly following the determination of the Estimated Costs, the City shall provide a written invoice to Developer in an amount less than or equal to the Estimated Costs. Developer, in turn, shall remunerate to the City the amount shown on said invoice on or before the earlier of: (i) 15 business days after the date of said invoice, or (ii) 5 business days prior to pricing the PID Bonds. The City shall not be required to price or sell any series of PID Bonds until Developer has paid the invoice of Estimated Costs related to the PID Bonds then being issued. B. Upon the City's approval of the City Obligations, the Financial Advisor shall calculate the Additional Costs to the City of issuing its City Obligations as non-QTEO. The City will, within 5 business days of the issuance of the City Obligations, provide written notice to Developer of the amount of the Additional Costs. In the event the Additional Costs are less than the Estimated Costs, the City will refund to Developer the difference between the Additional Costs and the Estimated Costs within 15 business days of the date of the City's notice to Developer required under this paragraph. If the Additional Costs are more than the SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE 20 Estimated Costs, Developer will pay to the City the difference between the Additional Costs and the Estimated Costs within 15 business days of the date of the City's notice required under this paragraph. If Developer does not pay the City the difference between the Additional Costs and the Estimated Costs within 15 business days of the date of the City's notice required under this paragraph, Developer shall not be paid any reimbursement amounts under any PID reimbursement agreement related to the Development until such payment of Additional Costs is made in full. (3) Issuance of City Obligations prior to PID Bonds. A. In the event the City issues City Obligations prior to the issuance of PID Bonds, the City, with assistance from the Financial Advisor, shall calculate the Estimated Costs based on the market conditions as they exist 20 days prior to the date of the pricing of the City Obligations. Promptly following the determination of the Estimated Costs, the City shall provide a written invoice to Developer: (1) in an amount less than or equal to the Estimated Costs, and (2) that includes the pricing date for such City Obligations. The Developer, in turn, shall remunerate to the City the amount shown on said invoice at least 15 days prior to the pricing date indicated on the invoice. If Developer fails to pay the Estimated Costs as required under this paragraph, the City, at its option, may elect to designate the City Obligations as QTEO, and the City shall not be required to issue any PID Bonds in such calendar year. B. Upon the City's approval of the City Obligations, the Financial Advisor shall calculate the Additional Costs to the City of issuing non-QTEO City Obligations. The City will, within 5 business days of the issuance of the City Obligations, provide written notice to Developer of the Additional Costs. In the event the Additional Costs are less than the Estimated Costs, the City will refund to Developer the difference between the Additional Costs and the Estimated Costs within 15 business days of the date of the City's notice to Developer. If the Additional Costs are more than the Estimated Costs, Developer will pay to the City the difference between the Additional Costs and the Estimated Costs within 15 business days of the date of the City's notice. If Developer does not pay to the City the difference between the Additional Costs and the Estimated Costs as required under this paragraph, then Developer shall not be paid any reimbursement amounts under any PID reimbursement agreement related to the Development until such payment of Additional Costs is made in full. (4) To the extent any developer(s) or property owner(s) (including Developer, as applicable) has (have) paid Additional Costs for any particular calendar year, any such Additional Costs paid subsequently by a developer or property owner (including Developer, as applicable) to the City applicable to the same calendar year shall be reimbursed by the City to the developer(s) or property owner(s) (including Developer, as applicable) as necessary so as to put all developers and property owners (including Developer, if applicable) so paying for the same calendar year in the proportion set forth in subsection (e), below, said reimbursement to be made by the City within 15 business days after its receipt of such subsequent payments of such Additional Costs. (5) The City shall charge Additional Costs attributable to any other developer or property owner on whose behalf the City has issued debt in the same manner as described in this section, and Developer shall only be liable for its portion of the Additional Costs under this provision, and if any Additional Costs in excess of Developer's portion has already been paid to SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE 21 the City under this provision, then such excess of Additional Costs shall be reimbursed to Developer. The portion owed by Developer shall be determined by dividing the total proceeds from any debt issued on behalf of Developer in such calendar year by the total proceeds from any debt issued by the City pursuant to the PID Act for the benefit of all developers (including Developer) in such calendar year. 6.4 Developer Cash Contribution. At closing on any series of PID Bonds intended to fund construction of Authorized Improvements that have not already been constructed by the Developer, Developer shall deposit into the Developer Improvement Account a pro-rata amount of the Developer Cash Contribution. ARTICLE VII PAYMENT OF AUTHORIZED IMPROVEMENTS 7.1 Improvement Account of the Project Fund. The Improvement Accounts of each Project Fund shall be administered and controlled by the City and funds in the Improvement Account of each Project Fund shall be deposited and disbursed in accordance with the terms of the respective Indenture. 7.2 Cost Overrun. If the total cost of the Authorized Improvements in the aggregate exceeds the total amount of monies on deposit in the Improvement Account of a Project Fund, the Developer shall be solely responsible for the remainder of the costs of the Authorized Improvements, except as provided in Section 7.3 below. 7.3 Cost Underrun. Upon the final acceptance by City of an Authorized Improvement and payment of all outstanding invoices for such Authorized Improvement, if the Actual Cost of such Authorized Improvement is less than the Budgeted Cost (a "Cost Underrun'), any remaining Budgeted Cost, to the extent available in the monies on deposit in the Improvement Account of the applicable Project Fund, will be available to pay Cost Overruns on any other Authorized Improvement. The City shall promptly confirm to the Trustee that such remaining amounts are available to pay such Cost Overruns, and the Developer and the City will agree how to use such moneys to secure the payment and performance of the work for other Authorized Improvements. 7.4 Remainder for Authorized Improvements. If funds remain in an Improvement Account of any Project Fund after the completion of all Authorized Improvements and the payment of all Authorized Improvement Costs to be funded with such PID Bonds, then such funds shall thereafter be the exclusive property of the City and shall be used by the City for the purpose of paying or retiring the PID Bonds as provided in the respective Indenture, the Service and Assessment Plan, and any construction funding agreement entered into by the Parties. ARTICLE VIII TIRZ AND AGRICULTURAL EXEMPTION 8.1 Tax Increment Reinvestment Zone. If PID Bonds are issued for a development phase in accordance with this Agreement, the City agrees that it will create, operate and maintain a TIRZ over such development phase of the PID Property with the intention to provide revenue to pay for: (i) the construction or acquisition of Authorized Improvements to serve the PID Property; (ii) to reimburse the Developer for any costs advanced or expended by the Developer related to SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE 22 the construction or acquisition of Authorized Improvements; and/or (iii) to pay PID Bond Assessments or to retire all or part of the debt created by PID Bonds. Determination of which of the three purposes (or a combination of those purposes), referenced above, for which the TIRZ Increment shall be expended will be at the City's sole discretion. The City shall deposit and disburse, or cause to be deposited and disbursed, the TIRZ Increment in accordance with the TIRZ Project and Finance Plan for each TIRZ created for each phase of development. Notwithstanding any other provision of this Agreement, the term of each TIRZ created on the PID Property shall be thirty-one (31) years from the year of its creation, and the total combined amount of the TIRZ Increment to be provided for the purposes described above shall not exceed the Maximum TIRZ Contribution for each TIRZ as provided in the TIRZ Documents; provided that any TIRZ Increments due and uncollected as of the termination date of the last remaining TIRZ created on the PID Property shall be deposited and disbursed, when and if received by the City, in accordance with the TIRZ Project and Finance Plan. If the total amount of the TIRZ Increment collected and disbursed reaches the Maximum TIRZ Contribution during the term of any TIRZ, then the remaining TIRZ may be terminated at the City's sole discretion and the City shall have no further obligations with respect to any TIRZ. The members of each TIRZ Board shall be appointed by the City Council in accordance with Chapter 311, Texas Tax Code. 8.2 Additional TIRZ Qualified Projects. In addition to the listed Authorized Improvements attached as Exhibit B, qualified public improvement projects such as roads, sewers, drainage, water, right of way and real estate acquisition projects, and costs of issuance, capitalized interest, and reserve amounts, totaling $6,638,200 (the "TW Qualified Projects") are included in the Maximum TIRZ Contribution, and shall be added to the Authorized Improvements to the extent such TIRZ Qualified Projects are not already included. 8.3 TIRZ Fund. In accordance with the TIRZ Project and Finance Plan, the TIRZ Increment obtained from the PID Property shall be placed into the TIRZ Fund, a separate fund which has been created by the City for each TIRZ. It is anticipated that the monies in each TIRZ Fund shall be distributed in accordance with Section 8.1 and the TIRZ Project and Finance Plan for each TIRZ. 8.4 Agricultural Exemption. The City acknowledges that some or all of the PID Property may now have or may in the future have an agricultural, timber, or wildlife management use tax classification, and the City may not request removal of any such tax classification until PID Bonds secured by the PID Property are issued to pay for the costs of the Authorized Improvements and related costs, notwithstanding any waiver of such exemption for other political subdivisions or public entities. However, to the extent that the City might otherwise be required under Section 23.41 et seq. of the Texas Tax Code or other applicable law, including but not limited to Section 43.035 of the Texas Local Government Code, or offers to enter into a development agreement with a Landowner containing other such restrictions, this Agreement shall be deemed to have satisfied any such requirement. ARTICLE IX ANNEXATION AND POST -ANNEXATION MATTERS SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE 23 9.1 Annexation. The Developer shall submit a voluntary irrevocable petition for annexation of the PID Property to the City in compliance with Chapter 43 of the Texas Local Government Code, as amended, at least sixty (60) days before the issuance of PID Bonds by the City. The Developer agrees to execute and supply any and all instruments and/or other documentation necessary for the City to annex the PID Property into the City's corporate limits and the Parties agree that the annexation of the PID Property shall occur upon or as soon as reasonably practicable after or the execution of this Agreement and the issuance of PID Bonds, in accordance with statutory requirements. Such annexation petition shall be filed with the City before Developer can access any bond proceeds. 9.2 Zoning of Property. The City shall consider zoning the Property consistent with the Development Standards, the Concept Plan, and applicable provisions of this Agreement. Through this Agreement, the Developer expressly consents and agrees to the zoning of the Property consistent with and as contemplated by this section. The City will not require the Developer to submit a formal zoning application in order to proceed with zoning the Property as contemplated by this section. Any such zoning of the Property shall otherwise be in accordance with all procedures set forth in the applicable City Regulations. 9.3 Full Compliance with City Standards. (a) When not in direct conflict with the terms and conditions of this Agreement —and without regard to whether any part of the Property is inside or outside the City's corporate limits at any given time —the development of the Property shall be subject to all applicable City Regulations, including but not limited to the City's subdivision regulations and design standards and all applicable fees and land dedications. The City shall be the sole authority for approval of all plats, concept plans, civil engineering plans and other development applications required under City Regulations, and the requirement to obtain approval of all such development applications shall apply to the Property to the extent applicable as if all of the Property were located within the City's corporate limits. (b) Development and use of the Property, including, without limitation, the construction, installation, maintenance, repair, and replacement of all buildings and all other improvements and facilities of any kind whatsoever on and within the Property, shall be in compliance with the Development Standards, the Concept Plan (as may be revised in accordance with Section 5.8), both as attached in Exhibit D and Exhibit C, and applicable City Regulations. All City Regulations shall apply to the development and use of the Property unless expressly set forth to the contrary in this Agreement. It is expressly understood and the Parties agree that City Regulations applicable to the Property and its use and development include but are not limited to City Code provisions, ordinances, design standards, uniform codes, and other policies duly adopted by the City including without limitation any such regulations or requirements that were affected by the passage of Texas H.B. 2439, 86(R), codified as Chapter 3000 of the Texas Government Code ("Materials and Methods Regulations"); provided, however, to the extent of any conflict between the requirements of Materials and Methods Regulations and the requirements of this Agreement, the more restrictive or more stringent provision shall apply. 9.4 Phasing. The Parties acknowledge that the Property may be developed in phases. If deemed necessary, the Developer may submit a replat for all or any portions of the Property. SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE 24 Any replat shall be in general conformance with the Final Concept Plan and subject to City approval. 9.5 Conflicts. In the event of any direct conflict between this Agreement and any other ordinance, rule, regulation, standard, policy, order, guideline, or other City adopted or City enforced requirement, whether existing on the Effective Date or hereinafter adopted, this Agreement, including its exhibits, as applicable, shall control. 9.6 Vested Rights. This Agreement shall constitute a "permit" (as defined in Chapter 245 of the Texas Local Government Code) that is deemed filed with the City on the Effective Date. ARTICLE X EVENTS OF DEFAULT; REMEDIES 10.1 Events of Default. No Party shall be in default under this Agreement until notice of the alleged failure of such Party to perform has been given in writing (which notice shall set forth in reasonable detail the nature of the alleged failure) and until such Party has been given a reasonable time to cure the alleged failure (such reasonable time to be determined based on the nature of the alleged failure, but in no event more than thirty (30) days (or any longer time period to the extent expressly stated in this Agreement as relates to a specific failure to perform) after written notice of the alleged failure has been given except as relates to a type of default for which a different time period is expressly set forth in this Agreement). Notwithstanding the foregoing, no Party shall be in default under this Agreement if, within the applicable cure period, the Party to whom the notice was given begins performance and thereafter diligently and continuously pursues performance until the alleged failure has been cured. Notwithstanding the foregoing, however, a Party shall be in default of its obligation to make any payment required under this Agreement if such payment is not made within twenty (20) business days after it is due. 10.2 Remedies. As compensation for the other parry's default, an aggrieved Party is limited to seeking specific performance of the other party's obligations under this Agreement. However, the Parties agree that the Developer will not be required to specifically perform under this Agreement in the event that the Developer satisfies all of its obligations under Section 6.1 and the City does not issue PID Bonds on or before June 1, 2021. The City will not be required to specifically perform under this Agreement in the event that the Developer does not satisfy all of its obligations under its control pursuant to Section 6.1; or, regardless of Developer's actions with regard to its obligations under Section 6.1 if Developer does not request that the City issue the PID Bonds by June 1, 2021. ARTICLE XI ASSIGNMENT; ENCUMBRANCE 11.1 Assignment. (a) This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. The obligations, requirements, or covenants to develop the Property in this Agreement shall be able to be assigned to any affiliate or related entity of the Developer, or any lien holder on the Property, without the prior written consent of SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE 25 the City. The obligations, requirements or covenants to the development of the Property shall not be assigned by Developer to a non -affiliate or non -related entity of the Developer without the prior written consent of the City Manager of the City, which consent shall not be unreasonably withheld if the assignee (an "Assignee") demonstrates financial ability to perform. Any receivables due under this Agreement, any construction funding agreement, or any PID reimbursement agreement between the City and the Developer may be assigned by the Developer upon written notice to the City pursuant to Section 11.4 of this Agreement. An Assignee shall be considered a "Party" for the purposes of this Agreement. Each assignment shall be in writing executed by Developer and the Assignee and shall obligate the Assignee to be bound by this Agreement to the extent this Agreement applies or relates to the obligations, rights, title, or interests being assigned. No assignment by Developer shall release Developer from any liability that resulted from an act or omission by Developer that occurred prior to the effective date of the assignment unless the City approves the release in writing. Developer shall maintain written records of all assignments made by Developer to Assignees, including a copy of each executed assignment and, upon written request from any Party or Assignee, shall provide a copy of such records to the requesting person or entity, and this obligation shall survive the assigning Party's sale, assignment, transfer, or other conveyance of any interest in this Agreement or the Property. (b) The Developer and Assignee(s) have the right, from time to time, to collaterally assign, pledge, grant a lien or security interest in, or otherwise encumber any of their respective rights, title, or interest under this Agreement for the benefit of their respective lenders without the consent of, but with prompt written notice to the City. The collateral assignment, pledge, grant of lien or security interest, or other encumbrance shall not, however, obligate any lender to perform any obligations or incur any liability under this Agreement unless the lender agrees in writing to perform such obligations or incur such liability. Provided the City has been given a copy of the documents creating the lender's interest, including Notice information for the lender, then that lender shall have the right, but not the obligation, to cure any default under this Agreement and shall be given a reasonable time to do so in addition to the cure periods otherwise provided to the defaulting Party by this Agreement; and the City agrees to accept a cure, not to be unreasonably withheld, offered by the lender as if offered by the defaulting Party. A lender is not a party to this Agreement unless this Agreement is amended, with the consent of the lender, to add the lender as a Party. Notwithstanding the foregoing, however, this Agreement shall continue to bind the Property and shall survive any transfer, conveyance, or assignment occasioned by the exercise of foreclosure or other rights by a lender, whether judicial or non - judicial. Any purchaser from or successor owner through a lender of any portion of the Property shall be bound by this Agreement and shall not be entitled to the rights and benefits of this Agreement with respect to the acquired portion of the Property until all defaults under this Agreement with respect to the acquired portion of the Property have been cured. 11.2 Assignees as Parties. An Assignee authorized in accordance with this Agreement and for which notice of assignment has been provided in accordance with Section 11.4 of this Agreement shall be considered a "Party" for the purposes of this Agreement. With the exception of the End -Buyer of a lot within the Property, any person or entity upon becoming an owner of land within the PID or upon obtaining an ownership interest in any part of the Property shall be deemed to be a "Developer" and have all of the obligations of the Developer as set forth in this Agreement and all related documents to the extent of said ownership or ownership interest. SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE 26 11.3 Third Party Beneficiaries. Subject to Section 11.1 of this Agreement, this Agreement only inures to the benefit of, and may only be enforced by, the Parties. No other person or entity shall have any right, title, or interest under this Agreement or otherwise be deemed to be a third -party beneficiary of this Agreement. 11.4 Notice of Assignment. The following requirements shall apply in the event that the Developer sells, assigns, transfers, or otherwise conveys the Property or any part thereof and/or any of its rights or benefits under this Agreement: (a) the Developer must provide written notice to the City to the extent required under Section 11.1 at least fifteen (15) business days in advance of any such sale, assignment, transfer, or other conveyance; (b) said notice must describe the extent to which any rights or benefits under this Agreement will be sold, assigned, transferred, or otherwise conveyed; (c) said notice must state the name, mailing address, and telephone contact information of the person(s) that will acquire any rights or benefits as a result of any such sale, assignment, transfer or other conveyance; and (d) said notice must be signed by a duly authorized person representing the Developer. ARTICLE XII RECORDATION AND ESTOPPEL CERTIFICATES 12.1 Binding Obligations. This Agreement and all amendments thereto and assignments hereof shall be recorded in the property records of Collin County. This Agreement binds and constitutes a covenant running with the Property and, upon the Effective Date, is binding upon the Developer and the City, and forms a part of any other requirements for development within the Property. This Agreement, when recorded, shall be binding upon the Parties and their successors and assigns as permitted by this Agreement and upon the Property; however, this Agreement shall not be binding upon, and shall not constitute any encumbrance to title as to, any End -Buyer of a Fully Developed and Improved Lot except for land use and development regulations that apply to such lots. 12.2 Estoppel Certificates. From time to time upon written request of the Developer or any future owner, and upon the payment to the City of a $100.00 fee plus all reasonable costs incurred by the City in providing the certificate described in this section, the City Manager, or his/her designee will, in his official capacity and to his reasonable knowledge and belief, execute a written estoppel certificate identifying any obligations of an owner under this Agreement that are in default. ARTICLE XIII GENERAL PROVISIONS SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE 27 13.1 Term. The term of this Agreement shall be fifteen (15) years after the Effective Date unless extended by mutual agreement of the Developer and the City. Upon expiration of the Term, the City shall have no obligations under this Agreement with the exception of. (i) maintaining and operating the PID in accordance with the Service and Assessment Plan and any Indenture; and (ii) fulfilling its obligations under the TIRZ Documents. The term of each TIRZ shall be as stated in Article VIII of this Agreement. 13.2 Public Infrastructure, Generally. Except as otherwise expressly provided for in this Agreement, Developer shall provide all Public Infrastructure, including streets, utilities, drainage, sidewalks, trails, street lighting, street signage, and all other required improvements dedicated or intended to be dedicated for public use or benefit, at no cost to the City except as provided herein, and in accordance with City Regulations, and as approved by the City's engineer or his or her agent. Developer shall cause the installation of such improvements within all applicable time frames in accordance with the City Regulations unless otherwise approved herein. Developer shall provide engineering studies, plan/profile sheets, and other construction documents at the time of platting as required by City Regulations. Such plans shall be approved by the City's engineer or his or her agent prior to approval of a final plat. Construction of any portion of the Public Infrastructure shall not be initiated until a pre -construction conference that includes a City representative has been held regarding the proposed construction and City has issued a written notice to proceed. 13.3 Performance Bond, Payment Bond and Other Security Developer shall include in every contract with a subcontractor that will work on any of the Public Improvements a clause that requires the subcontractor to execute or cause to be executed one or more valid performance bonds in favor of the City for the construction, work and materials necessary to complete the Public Improvements. Said bonds may be dual obligee bonds and shall be in accordance with Texas Government Code, Chapter 2253 and applicable City Regulations for each subcontractor's construction contract for any part of the Public Improvements and shall contain a provision that increases the amount of the bond to the extent that the contract price increases by change order. Developer shall further execute or cause to be executed a valid 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 Public Improvements, arising from defective workmanship or materials used therein, for a full period of two years from the date of final acceptance of the Public Improvements constructed under any such contract(s). 13.4 Inspections, Acceptance of Public Infrastructure, and Developer's Remedy. The City shall inspect, as required by City Regulations, the construction of all Authorized Improvements, and any Public Infrastructure necessary to support the proposed development within the Property, including water, sanitary sewer, drainage, streets, park facilities, electrical, and street lights and signs. The City's inspections shall not release the Developer from its responsibility to construct, or ensure the construction of, adequate Authorized Improvements and Public Infrastructure in accordance with approved engineering plans, construction plans, and other approved plans related to development of the Property. Notwithstanding any provision of this Agreement, it shall not be a breach or violation of the Agreement if the City withholds City utility services as to any portion of the Development until all required Public Infrastructure necessary to such portion is properly constructed according to the approved engineering plans and City SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE 28 Regulations, and until such Public Infrastructure has been dedicated to and accepted by the City. From and after the inspection and acceptance by the City of the Public Infrastructure and any other dedications required under this Agreement, such improvements and dedications shall be owned by the City. Developer's sole remedy for nonperformance of this Agreement by the City shall be to seek specific performance and cost reimbursements pursuant to the terms of this Agreement. 13.5 Approval of Plats/Plans. Approval by the City, the City's Engineer or other City 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, his 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 or Developer's engineer, or engineer's officers, agents, servants or employees, it being the intent of the parties that approval by the City's engineer signifies the City's approval on only the general design concept of the improvements to be constructed. 13.6 Insurance. Developer or its contractor(s) shall acquire and maintain, during the period of time when any of the Public Infrastructure is under construction (and until the full and final completion of the Public Infrastructure and acceptance thereof by the City: (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 which might arise out of the Public Infrastructure construction contracts, whether by Developer, a contractor, subcontractor, material man, or otherwise. Coverage must be on a "per occurrence" basis. All such insurance shall: (i) be issued by a carrier which is rated "A-V 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 Infrastructure 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. 13.7 INDEMNIFICATION and HOLD HARMLESS. THE DEVELOPER, INCLUDING ITS RESPECTIVE SUCCESSORS AND ASSIGNS, HEREBY COVENANT AND AGREE 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 ATTORNEY'S FEES, RELATED EXPENSES, EXPERT WITNESS FEES, CONSULTANT FEES, AND OTHER COSTS, ARISING OUT OF THE NEGLIGENCE OF THE DEVELOPER, INCLUDING THE NEGLIGENCE OF ITS RESPECTIVE EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN, AND AGENTS, IN CONNECTION WITH THE SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE 29 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 OTHER 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 DEVELOPER 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 DEVELOPER AND THE CITY, THE DEVELOPER'S INDEMNITY OBLIGATION WILL BE LIMITED TO A FRACTION OF THE TOTAL CLAIMS EQUIVALENT TO THE DEVELOPER'S OWN PERCENTAGE OF RESPONSIBILITY. THE DEVELOPER, INCLUDING ITS RESPECTIVE SUCCESSORS AND ASSIGNS, 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 WHO HAS NOT SIGNED THIS AGREEMENT IF SUCH CLAIMS RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH: (1) THE CITY'S RELIANCE UPON THE DEVELOPER'S 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 Developer's design, construction or installation of any of the Public Infrastructure that is the subject of this Agreement, nor the means, methods, techniques, sequences or procedures utilized for said design, construction or installation. This Agreement does not create a joint enterprise or venture between the City and Developer. 13.8 Eminent Domain. Developer agrees to use reasonable efforts to obtain all third - party rights -of -way, consents, or easements, if any, required for the Public Infrastructure. If, however, Developer is unable to obtain such third -party rights -of -way, consents, or easements within ninety (90) days of commencing efforts to obtain the needed easements and right of way, the City agrees to take reasonable steps to secure same (subject to City Council authorization after a finding of public necessity) through the use of the City's power of eminent domain. Developer shall be responsible for funding all reasonable and necessary legal proceeding/litigation costs, attorney's fees and related expenses, and appraiser and expert witness fees (collectively, "Eminent Domain Fees") paid or incurred by the City in the exercise of its eminent domain powers that for any reason are not funded by the proceeds of the PID Bonds or TIRZ Increment and shall escrow with a mutually agreed upon escrow agent the City's reasonably estimated Eminent Domain Fees both in advance of the initiations of each eminent domain proceeding and as funds are needed by the City. Provided that the escrow fund remains appropriately funded in accordance with this Agreement, the City will use all reasonable efforts to expedite such condemnation procedures so that the Public Infrastructure can be constructed as soon as reasonably practicable. If the City's Eminent Domain Fees exceed the amount of funds escrowed in accordance with this paragraph, Developer shall deposit additional funds as requested by the City into the escrow account within ten (10) days after written notice from the City. Any unused escrow funds will be refunded to Developer with thirty (30) days after any condemnation award or settlement becomes final and non -appealable. Nothing in this subsection is intended to constitute a delegation of the police SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE 30 powers or governmental authority of the City, and the City reserves the right, at all times, to control its proceedings in eminent domain. 13.9 Payee Information. With respect to any and every type of payment/remittance due to be paid at any time by the City to the Developer under this Agreement, the name of the payee for such payment shall be MM Anna 325, LLC, and the payment/remittance shall be sent or delivered to the following address: MM Anna 325, LLC 1800 Valley View Lane Suite 300 Farmers Branch, Texas 75234 Developer may change the name of the payee and/or address set forth above by delivering written notice to the City designating a new payee and/or address. ARTICLE XIV ADDITIONAL PROVISIONS 14.1 Recitals. The recitals contained in this Agreement: (a) are true and correct as of the Effective Date; (b) form the basis upon which the Parties negotiated and entered into this Agreement; and (c) reflect the final intent of the Parties with regard to the subject matter of this Agreement. In the event it becomes necessary to interpret any provision of this Agreement, the intent of the Parties, as evidenced by the recitals, shall be taken into consideration and, to the maximum extent possible, given full effect. The Parties have relied upon the recitals as part of the consideration for entering into this Agreement and, but for the intent of the Parties reflected by the recitals, would not have entered into this Agreement. 14.2 Notices. Any notice, submittal, payment or instrument required or permitted by this Agreement to be given or delivered to any party shall be deemed to have been received when personally delivered or 72 hours following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows: To the City: City of Anna, Texas Attn: City Manager 111 N. Powell Parkway Anna, Texas 75409 With a copy to: Wolfe, Tidwell & McCoy, LLP Attn: Clark McCoy 2591 Dallas Parkway, Suite 300 Frisco, Texas 75034 And to: McCall, Parkhurst & Horton L.L.P. Attn: Rodolfo Segura Jr 717 North Harwood, Suite 900 Dallas, TX 75201 SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE 31 To the Developer: MM Anna 325, LLC Attn: Mehrdad Moayedi 1800 Valley View Lane, Suite 300 Farmers Branch, Texas 75234 With a copy to: Miklos Cinclair, PLLC Attn: Robert Miklos 1800 Valley View Lane, Suite 360 Farmers Branch, Texas 75234 To the In -City Property Owner: BFB ANA 40 Acres, LLC Attn: Brooks F. Bock 1701 Directors Boulevard Austin, Texas 78744 Brooks@strategacapital.com And to: Centurion American Attn: Trevor Kollinger 1800 Valley View Lane, Suite 300 Farmers Branch, Texas 75234 Any Party may change its address or addresses for delivery of notice by delivering written notice of such change of address to the other Party. 14.3 Interpretation. The Parties acknowledge that each has been actively involved in negotiating this Agreement. Accordingly, the rule of construction that any ambiguities are to be resolved against the drafting Party will not apply to interpreting this Agreement. In the event of any dispute over the meaning or application of any provision of this Agreement, the provision will be interpreted fairly and reasonably and neither more strongly for nor against any Party, regardless of which Party originally drafted the provision. 14.4 Time. In this Agreement, time is of the essence and compliance with the times for performance herein is required. 14.5 Authority and Enforceability. The City represents and warrants that this Agreement has been approved by official action by the City Council of the City in accordance with all applicable public notice requirements (including, but not limited to, notices required by the Texas Open Meetings Act, as such act was in effect on the date of such official action) and that the individual executing this Agreement on behalf of the City has been duly authorized to do so. The Developer represents and warrants that this Agreement has been approved by appropriate action of the Developer, and that each individual executing this Agreement on behalf of the Developer has been duly authorized to do so. Each Party respectively acknowledges and agrees that this Agreement is binding upon such Party and is enforceable against such Party, in accordance with its terms and conditions and to the extent provided by law. SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE 32 14.6 Severability. This Agreement shall not be modified or amended except in writing signed by the Parties. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable for any reason, then: (a) such unenforceable provision shall be deleted from this Agreement; (b) the unenforceable provision shall, to the extent possible and upon mutual agreement of the parties, be rewritten to be enforceable and to give effect to the intent of the Parties; and (c) the remainder of this Agreement shall remain in full force and effect and shall be interpreted to give effect to the intent of the Parties. 14.7 Applicable Law; Venue. This Agreement is entered into pursuant to, and is to be construed and enforced in accordance with, the laws of the State of Texas, and all obligations of the Parties are performable in Collin County. Exclusive venue for any action related to, arising out of, or brought in connection with this Agreement shall be in the Collin County District Court. 14.8 Non Waiver. Any failure by a Party to insist upon strict performance by the other Party of any material provision of this Agreement shall not be deemed a waiver thereof, and the Party shall have the right at any time thereafter to insist upon strict performance of any and all provisions of this Agreement. No provision of this Agreement may be waived except by writing signed by the Party waiving such provision. Any waiver shall be limited to the specific purposes for which it is given. No waiver by any Party of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. 14.9 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 14.10 Exhibits. The following exhibits are attached to this Agreement and are incorporated herein for all purposes: Exhibit A-1 Metes and Bounds Description and Depiction of the Property Exhibit A-2 Metes and Bounds Description and Depiction of the In -City Property Exhibit A-3 Metes and Bounds Description and Depiction of the PID Property Exhibit B Authorized Improvements with their Budgeted Costs Exhibit C Concept Plan Exhibit C-1 Amenity Center Concept Plan Exhibit C-2 Neighborhood Trail Plan Exhibit D Development Standards Exhibit E-1 Roadway Improvements Exhibit E-2 Hurricane Creek Regional Trunk Sewer Improvements Exhibit E-3 Waterline Improvements Exhibit F Home Buyer Disclosure Program Exhibit G Landowner Agreement Exhibit H City PID Bond financing and TIRZ Contribution Analysis - draft for illustration purposes only 14.11 Force Majeure. Each Party shall use good faith, due diligence and reasonable care in the performance of its respective obligations under this Agreement, and time shall be of the essence in such performance; however, in the event a Party is unable, due to force majeure, to SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE 33 perform its obligations under this Agreement, then the obligations affected by the force majeure shall be temporarily suspended. Within ten (10) business days after the occurrence of a force majeure, the Party claiming the right to temporarily suspend its performance, shall give Notice to all the Parties, including a detailed explanation of the force majeure and a description of the action that will be taken to remedy the force majeure and resume full performance at the earliest possible time. The term "force majeure" shall include events or circumstances that are not within the reasonable control of the Party whose performance is suspended and that could not have been avoided by such Party with the good faith exercise of good faith, due diligence and reasonable care. 14.12 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 the City and Developer expressly amending the terms of this Agreement. 14.13 Consideration. This Agreement is executed by the Parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is hereby acknowledged. [SIGNATURES PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE 34 EXECUTED BY THE PARTIES TO BE EFFECTIVE ON THE EFFECTIVE DATE: CITY OF ANNA By: Name Title: Date: APPROVED AS TO FORM Name: Clark McCoy Title: City Attorney STATE OF TEXAS COUNTY OF COLLIN Nate Pike Mayor This instrument was acknowledged before me on the day of , 2019 by Nate Pike, Mayor of the City of Anna, Texas on behalf of said City. (SEAL) Notary Public, State of Texas Name printed or typed Commission Expires: SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE 35 DEVELOPER: MM Anna 325, LLC, a Texas limited liability company By: MMM Ventures, LLC, a Texas limited liability company Its Manager By: 2M Ventures, LLC, a Delaware limited liability company Its Manager By: Name: Its: STATE OF TEXAS COUNTY OF DALLAS Mehrdad Moayedi Manager This instrument was acknowledged before me on the day of 2019 by Mehrdad Moayedi, Manager of 2M Ventures, LLC, as Manager of MMM Ventures, LLC, as Manager of MM Anna 325, LLC, a Texas limited liability company on behalf of said company. Notary Public, State of Texas SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE 36 IN -CITY PROPERTY OWNER: BFB Ana 40 Acres, LLC a Texas limited liability company By: BFB Ana Holdings, LLC a Texas limited liability company Its Manager By: The Brooks F. Bock Living Trust Its Manager By: Name: Brooks F. Bock Its: Trustee STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on 2020, by Brooks F. Bock, Trustee of the Brooks F. Bock Living Trust, as Manager of BFB Ana Holdings, LLC, a Texas limited liability company, as Manager of BFB Ana 40 Acres, LLC, a Texas limited liability company, on behalf of said company. Notary Public, State of Texas SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE 1 Exhibit A-1 METES AND BOUNDS DESCRIPTION AND DEPICTION OF THE PROPERTY Exhibit A-2 METES AND BOUNDS DESCRIPTION AND DEPICTION OF THE IN -CITY PROPERTY Exhibit A-3 METES AND BOUNDS DESCRIPTION AND DEPICTION OF THE PID PROPERTY E.=rF A-3: `TID PRO=TY ' 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. %INCADE SURVEY, ABSTRACT NUMBER 509, THE S_ F7_i_RT SURVEY, ABSTRACT NUMBER 296, AND THE W. RATTAN SURVEY, ABSTRACT NUMBER 752 COL.LIN COUNTY, TEXAS, BEING ALL OF THAT LAND DESCRIBED BY DEED TO MM ANNA 325, LLC, (TRACT 1) RECORDED IN INSTRUMENT NUMBER 20190411000386110, OFFICIAL PU 13LICRECORDS, COLLIN COUNTY, TEXAS. AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS- BEGINNING AT THE MOST NORTHERLY NORTHEAST CORNER OF SAID TRACT 1; THENCE S Ol°39'27"E, 46.23 FEET: THENCE S 00°0714511W, 239.62 FEET; THENCE S 00°02'34"E, 240.99 FEET; THENCE S DOD 16'10"W, 240.11 FEET; THENCE S 00°05'15"W, 193.73 FEET; THENCE S 00°09'49"W, 15937FEET; THENCE S 03DD7'30"W, 136.17 FEET; THENCE S 00°10'28"W, 117.40FEET; THENCE S 89D51'1WE, 1832 FEET; THENCE N 55°45'18'T, 13.27 FEET, THENCE N 29°20'54' E, 61.95 FEET; THENCE N 82°59'12'T, 29.11 FEET; THENCE S 76°48'02"E, 38.97 FEET: THENCE N 81°31'02'T, 42.52 FEET, THENCE N 64°56'10'T, 12.15 FEET, THENCE S 30°3210811E, 25.22 FEET; THENCE S 00°14'15"W, 13.28 FEET; THENCE S 32'18'38"E, 21.36 FEET; THENCE S 78'07'20"E, 14.66 FEET; THENCE N 1 G°26T9' E, 17.31 FEET; THENCE N 53°35'10'E, 21.88 FEET; THENCE N 7 S'49'58'E, 15.44 FEET; THENCE S 57DD613VE, 24.14 FEET: THENCE S 41°22'42"E, 6238 FEET; THENCE S 01°13'29"E, 2S_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 IR TER AND PAYNE TRACT RECORDED IN INSTRUMENTNUMBER 20110401000341650 AND BEING THE NORTHWEST CORNER OF AFOREMENTIONED MILLER TRACT RECORDED IN VOLUME 2667, PAGE 671, THENCE N 89°4951'E, 933.16 FEET; THENCE N 894606E, 499.86 FEET, PASSING THE NORTHEAST CORNER OF S:iID N=E.R TRACT AND BEING THE NORTHWEST CORNER OF AFOREMENTIONED N=ER TRACT RECORDED IN VOLUME 1068, PAGE 507; THENCE S 03°23'3YE, 989.07 FEET. TO THE BEGINNING OF A CURATE TO THE RIGHT; THENCE WTPH SAID CURVE TO THE RIGHT. AN ARC DISTANCE OF 277.01 FEET, THROUGH A CENTRAL ANGLE OF 3891'W_ HAVING A RADIUS OF 411.91 FEET. THE LONG CHORD WHICH BEARS S 15°52'22"W, 271.82 FEET; THENCE S 35°08'19"W, 286.03 FEET; THENCE S 06°06'41"W, 811.64 FEET; THENCE S 89°56'10"W, 1154.19 FEET; THENCE N 0G°10'56'E, 23221 FEET; THENCE S 89°09'2T'W. 794.06FEET; THENCE S 89°39'13"W. 1753.66 FEET; THENCE S 89°55'39"W, 745.70FEET; THENCE S 89°51'39"W. 315.81 FEET; THENCE S 89°09'41"W, 111.58 FEET; THENCE 20°10'35'E, 140.94 FEET; THENCE N 55°001591E, 55.72 FEET, THENCE N 65°OS'55'E, 164.54 FEET; THENCE N 24°07'01'E, 75.15 FEET; THENCE N 08°2S'12'E, 68.74 FEET; THENCE N 1 S°33'24'E, 3027 FEET, THENCE N 39°07119'E, 20432 FEET; THENCE N 15°5ST6'E, 9633 FEET, THENCE N 51°42'39'E, 216.49 FEET; THENCE N 10'14'20'E, 3 9. 18 FEET; THENCE N 15°20'381FW, 43.77 FEET, THENCE N 2503S'17' W, 56.21 FEET; THENCE 30'23'5V W, 42.71 FEET; THENCE N 30'57'56' W. 141.18 FEET; THENCE N 22DW56"W. 112.22 FEET: THENCE N OS°32'1S"W, 237.53 FEET; THENCE N 21021'561 W, 7337 FEER THENCE N 12°45'32"W, 39.65 FEET, THENCE N 04°OT51' E, 114.57 FEET; THENCE N 05'3747'E, 102.03 FEET; THENCE N 20ol2'50"E, 61.91 FEET; THENCE N 15°55'54'E, 37.72 FEET, THENCE N 10'4932'E, 87.03 FEET; THENCE N 23°29'01'E, 235.46 FEET; THENCE N 60°08'36"E, 217.24 FEET; THENCE N 40°36'1TIE, 97.96 FEET; THENCE N 22°54TTE, 117.90 FEET; THENCE N 54°18'351E, 58.08 FEET; THENCE N 42°3022'E, 62.53 FEET; THENCE N 22°1336'E, 12136 FEET; THENCE N 31D23'35IT, 106.80 FEET; THENCE N 24°37'0I'E, 76.66 FEET, THENCE N OS'41'5D' W, 13421 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 1 S' 14'45'E, 95.78 FEET; THENCE N 43°56121E, 420.59 FEET; THENCE N 28°0326'E, 46.51 FEET, THENCE N 04°161561E, 105.49 FEET; THENCE N 89°3640'E, 276.78 FEET; THENCE N 89°54'l I'E, 938.53 FEET TO TEE POINT OF BEGINNING AND CONTAINING 12,670,595 SQUARE. FEET OR 290.877 ACRES OF LAND MORE OR LESS. HeMn N.IiIS AIUi PYncc.T. Lua ryry �nMM n 9 aSCT�� ssxAv HIM - Leo m� .a. nnac i"n 4e '4 \, r ♦°vy TRA T 1 VV M LLB R' Si209 .d'1P 0ARX11:T.RR.0 C 0 5C9 HI00 WJFMCMALE M FEET � Ev L� va Ga.P�L.T.� i.1°`- moielPwoow �`w�`a i 'This document was prepared under 22 TAC 66321, does not reflectthe results of an On the ground survey, and is not to he used to convey or establish interests in real propertyexceptthose rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision forwhich it was prepared" EXHIBIT A-3 "PID PROPERTY" �P RE LOTO N 290.877 ACRES 1.1Q LAM• fOL 971GM! n c w sr Ty JOB#: CEN1BM1 I DRAWN BY: 5RA►I5EY CHBCKEDBY: 5RAMBEY DATE:11YMM19 PAGE41.10F1 Exhibit B AUTHORIZED IMPROVEMENTS WITH THEIR BUDGETED COSTS Exhibit C CONCEPT PLAN Exhibit C-1 AMENITY CENTER CONCEPT PLAN Exhibit C-2 NEIGHBORHOOD TRAIL PLAN Exhibit D DEVELOPMENTSTANDARDS Exhibit D The permitted uses and standards for the Single Family Development located partially within the extraterritorial jurisdiction (the "ETJI') of the City and located partially within the city limits of the City shall be in accordance with the SF-Z Single -Family Residence District - Zero lot line homes, SF-TH Townhome District, SF-60 Single -Family Residence District, SF-72 Single -Family Residence District, and SF-84 Single -Family Residence District zoning districts and applicable City Regulations including without limitation the City's Planning and Development Regulations. (Deletions are indicated in strikethrough text.) Disclaimer: Ordinance modifications are specifically related to the land area associated with this Subdivision Improvement Agreement and shall not apply to any additional areas within or outside of the city limits. ARTICLE 9.04 ZONING ORDINANCE 1. Sec.9.04.004 Definitions Quadplex: Single -story residential building with a maximum of four dwelling units per building. These buildings will be specifically designated as age -restricted (55+) as established and recorded in the Covenants, Conditions, and Restrictions (CCR's). Each dwelling unit will have a distinct ingress/egress and garage. Driveways can be shared between adjacent garages. 2. Sec. 9.04.015 SF-TH Townhome District (b) Permitted uses. (1) Residential buildings containing townhome units. (2) Quadplex dwelling units with age restrictions to be established and recorded in the Covenants, Conditions, and Restrictions (CCR's). (3) Other uses as allowed in the TF zone. 3. Sec. 9.04.034 Supplementary district regulations (d) Waiver of strict compliance with masonry requirements. An existing or proposed use that includes or is proposed to include one or more buildings with exterior walls that are normally constructed with materials that are consistent with regionally or nationally recognized commercial brand architectural design shall not apply to the city council for a full or partial waiver of any masonry requirement that applies to such exterior walls. T1he Gity gn 1nn'I by nrdiRannn may grant s ugh a full or partial waiwQr if- (1) The Gity GOLIRGil finds that the deGigR Will not negatively impaGt the SurreuR&4q pmpei4ies; Rd (2) The request IS deemed by the Gitjbe appropriate and desirable ble f the everall design and direGtien of the Gity and net direGtly on GORfliGt with the GAO GempFeheRS'VeplaR. (e) Residential architectural standards. (1) House repetition. (A) 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. (3) Garages. On front entry garages the face of a garage may not: (i) be extended more than ten feet beyond the remainder of the front elevation of the primary living area of a house; or (ii) only lots developed as SF-TH, SF-TH-SR, SF-Z and SF-60 may 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. (4) Building articulation. At least three (3) 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) 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.) (B) Balconies; (C) Shutters; (D) Bay windows; (E) Masonry chimney(s); (F) Double -entry door(s); (G) Covered Entry(ies); (H) Horizontal banding continuing the length of the wall that faces a street, or other similar highly visible areas. (1) The use of both stone and brick on the front elevations with a minimum of ten percent coverage of one of the elements. (J) Front porch of at least 40 square feet. (K) The installation of at least two (2) coach lights (L) Other techniques for building articulation can be substituted if administratively approved by the administrative official. (M) Divided light windows in front is an acceptable technique for building facade articulation. (N) All garages must also incorporate wood clad (or equivalent) garage doors or wood composite doors and contain at least two of the following enhancements: i_ Two single garage doors (in lieu of double doors); ii. Decorative windows; iii. Decorative hardware; iv. Garage door recessed a minimum of 12 inches from the garage face; or V. Cast stone surround. (6) All doors on the font facade of a residence shall be constructed of wood, iron, glass, and/or architectural fiberglass. (7) Front entry driveways on SF-72 & SF-84 lots must incorporate at least one of the following enhanced decorative paving techniques: (A) Earth tone colored stained concrete; (B) Stamped/patterned concrete; (C) Brick, stone, or concrete pavers; (D) Salt -finished concrete; (E) Washed aggregate (8) All fences on a residential lot abutting and/or adjacent to an open space/common area lot must be ornamental metal fences, such as wrought iron or tubular steel. Fences constructed between residences can be wood. All wood fencing shall be at least six feet in height. Wood fencing shall be stained and sealed. Plastic and chain link fencing is prohibited. 4. APPENDIX 1. ZONING DISTRICT AREA REGULATIONS SF-84 SF-72 SF-60 SF-Z SF-TH SF-TH (Quadplex) Maximum height 35 35 35 35 35 35 (feet) Side yard, interior 5 5 5 0/5 0/5 0/5 (feet) Side yard, corner 10 10 10 10 10 10 lot, street side (feet) (c) Rear yard (feet) 10 10 10 10 10 10 (d) Front yard (feet) 25 25 25 20 20 20 Lot area (feet) 8,400 7,200 6,000 4,000 2000 per unit 2000 per unit Min. lot width 70 60 50 40 20 20 (feet) Min. lot depth 120 110 100 100 80 80 (feet) (e) Max. lot coverage 55% 55% 55% 85 % 70 % 70 % Building size 1800 1800 1600 1200 900 900 (square feet) Masonry*(%) 60% 60% 60% 60% 60% 60% Lot/Unit Count 81 139 323 143 190 108 per Concept Plan Maximum Lot/Unit 85 145 340 150 200 115 Count (+5%) Minimum Lot/Unit 77 132 305 135 180 100 Count (-5%) * Brick or rock veneer; see also section 9.04.034(e)(6). **If there are conflicts between the Appendix 1 Area Regulations and City Regulations, Appendix 1 shall supersede. (c) 45 feet where adjacent to single-family or duplex residential district. (d) The required rear yard shall be open and unobstructed to the sky from a point 30 inches above the average elevation of the graded rear yard, except for accessory buildings as permitted herein. Eaves, covered porches, and roof extensions without structural support in the rear yard may extend into the rear yard a distance not to exceed four feet. Balconies shall not project into the required rear yard. (e) Minimum lot depth may be reduced to 11 0'for SF-84 lots in cul-de-sacs and knuckles. 5. APPENDIX 2. SCHEDULE OF USES Type of Def * AG SF SF SF SF SF SF SF MH MH TF MF MF C- NC C- CBRD C- O- 1- 1- Use -E -1 -Z - -1 -2 -1 -2 1 2 3 1 1 2 84 72 60 TH Quadplex 3.1.30 Y 6. APPENDIX 3. DESCRIPTIONS/DEFINITIONS OF USES 3.1.30 Quadplex: Single -story residential building with a maximum of four dwelling units per building. These buildings will be specifically designated as age -restricted (55+) as established and recorded in the Covenants, Conditions, and Restrictions (CCR's). Each dwelling unit will have a distinct ingress/egress and garage. Driveways can be shared between adjacent garages. ARTICLE 9.06 LANDSCAPE REGULATIONS 7. Sec. 9.06.006 Minimum landscaping requirements �zvearr.�r_�e�::nn�:r.�:nnr_�rsrrr_�r�:mmr:r_�as�i�:�nnrr_�:rrr�ers:nre� ------ . ..... III (q) Requirements for single-family residential and duplex lots. Three-inch caliper trees selected from the large tree list in this article shall be planted on all single-family residential, duplex, and town home lots, and single -story quadplex buildings. At least ^Re of the +Coos FR st be .,laced ;r, the fFeRt yaFd of the let The following minimum standards apply: Single -Family Residential - 84 (SF-84) 8-2 trees Single -Family Residential - 72 (SF-72) 8-2 trees Single -Family Residential - 60 (SF-60) 2 trees Single -Family Residential - Zero Lot Line (SF-Z) 1 trees Single -Family Residential- Town Home (SF-TH) 1 tree Trees in the SF-Z, and SF-TH lots shall be planted in either the front or rear yard at the builder's discretion. For SF-60, SF-72 and SF-80 lots; at least one tree must be planted in the front yard. Only tree s s listed in SeGti n 9.07 Appendix o Oyerst ry (Sha Trees ,•^" be r r d to satisfy these Standards All large trees required above will be planted prior to issuance of the certificate of occupancy on the dwelling. 8. Sec.9.06.007 Setbacks (d) For all residential parcels, a minimum 15'-wide tract to be owned and maintained by a homeowners' association will be required adjacent to all sides of major thoroughfares -and a 10' wide tract adjacent to minor thoroughfares with an ultimate right-of-way width of 60 feet or greater. This landscaped buffer area shall consist of trees, turf, orother living ground cover shall be provided adjacent to and outside of the rights - of -way. The buffer shall contain a minimum of one three-inch caliper large canopy tree for every 75 linear feet of roadway,. Required trees may be clustered. ARTICLE 9.07 TREE PRESERVATION 9. Sec.9.07.002 Definitions Aerial Photography mean the taking of photographs from an aircraft or other flying object. Remove: Oreteoterd free meaRs a ality free with a try Rk GiX iRGhes o eater OR aliper he .detprmined. by ad dine the total ealipe of the largest trunk to 0-Re-half the Quality tFee mea;3S--u--treespedes whiGh typ' .ally has nifi..enf nitiye oharaoferisties worthy of p .afiop listeds listeip this arfiele (see .d 1 at the enof this article) Cpen:mep 4ree meansa tree whinh has been determined bpi the pity to he of high value beGause ofrets type, size, other s GifiG EAteria (_enerall.. GpeGiMeR trees are trees having 24" to Rk caliper at a pt 4.5 feet above gFOUp.d level but other oriteria rRay also he utilized Trees plan drawing that Wentifies the Ineation of n.pteete.d trees and is -the iRformatieR ryyl_ed to hee set arth �.i thin this al#inle he tree survey shall be red by a arberis4 lieense.d !'sensed Iap.dssape rnhitent ether qualified ed by the IanrdsGape admipistrater Carp eets of limited s the lap.dsoape a.dmipistmtor m ay appFeve a tree su wey prepared by a refessienal if oemplete and agpurate a nferrnat'GR is provided. 10. Sec. 9.07.008 Tree preservation permit submittal and review (b) An application for a tree permit shall include these required documents: (2) A trees at the same ale s the site play a elimipary \\plat with buildiRg ad paveMept a ,d R ether o � � psfrotiop featwes that will .distuFb the laR d iR dieate,d An aerial photography canopy map accompanied by a transparent plan of the development at the same. Photography showing all non - disturbance areas and proposed exemption areas where no trees will be critically altered will be provided, the aerial photograph will also include an outline of the existing tree canopy area on the property and the calculated area (square feet or acres) of the existing canopy coverage. The treesurvey aerial photograph canopy map shall include the following information: (A) Name and phone number of the person who prepared the survey; (B) Property lines with dimensions; (C) Engineering scale (same scale as the preliminary plat); (D) Location of all rights -of -way and easements (existing and proposed); (E) Location of all buildings, structures, pools, parking and vehicular maneuvering area, utilities, sidewalks, and other improvements (existing and proposed); (F) Location of FEMA 100-year floodplain, NRCS lake tree preservation zone, or erosion hazard setback easement; (G) Any proposed non -disturbance area; /u`H) Identifying numbers forall f.epsAf fiUn tinnhos or greater 864+ 1�The GGrnmen and betaniGalname f all trees with idenfifyiRg n mbers; ( I\ of earl frfr n�he �� Caliper size ees-s+x s-s; -greater DBH; and (K) LOGation ofll frees not inGludednon disturbanee area that a to he n .ed (H) Showing tree canopy, not included in a non -disturbance area, that are to be preserved. (d) A tree preservation plan shall be submitted showing existing tree canopy to remain, existing tree canopy to be removed, and replacement trees with type, location, number and size of replacement trees indicated. The tree preservation plan information may be included on the aerial photograph if all information can be clearly delineated. b. Trees planted to provide canopy coverage will be credited at its canopy coverage at normal maturity. These credits are as follows: • Large canopy tree with typical crown width of fifty (50) feet in diameter two thousand (2,000) square feet; • Medium canopy tree with typical crown width of thirty (30) feet in diameter seven hundred (700) square feet; • Small canopy tree with typical crown width of ten (10) feet in diameter one hundred (100) square feet. Tree replacement canopy will be provided for up to 25% of the tree canopy removed from the site [9.07.011(1) and 9.07.013 (B-E)]; The 34.3± acres in -city portion of the property intended to be developed as commercial uses and multiple -family residences with modified standards shall be developed as conceptually described and illustrated on Exhibit C (the "Concept Plan"). The Concept Plan may be amended from time to time with approval from the City's Planning & Zoning Commission and the City Council. Prior to any building permit being issued, a Preliminary Plat, Site Plan, and Final Plat shall be approved by the City Council. DEVELOPMENT STANDARDS. The Property Owner and Developer agree to comply and to cause all builders and any other successors or assigns to comply with the following: A. Development and use of the Property shall be in accordance with this Agreement and the Zoning Ordinance. In the event of a conflict between this Agreement and the Zoning Ordinance, this Agreement controls. This Agreement shall run with the land and shall be binding on all future owners of the Property to the extent of their ownership. This Agreement may be recording in the official property records of Collin County, Texas. B. Upon approval of the City Council to rezone the property, if such approval shall be given, development shall adhere to the Planned Development -General Commercial District (PD- C-2) zoning district standards as established by the approved zoning. C. Design Standards (Multiple -Family Residence): 1) Masonry (Brick/Rock veneer): Eighty (80) percent for the first three stories, and Seventy (70) percent for the fourth story. 2) Roof materials for buildings and structures must be architectural roof shingles. 3) Accessory buildings shall use similar building and roofing materials as those used on the primary buildings. 4) Two architectural design features are required on facades facing public streets, parking and common areas. Acceptable architectural design features may include but is not limited to: i. Articulation of building fagade ii. Extensions to the building through covered porches, bay or box windows, and other similar features projecting out from the fagade iii. A horizontal change in building materials between stories of a building iv. Variation in building materials between vertical intervals v. Variations in window placement vi. Architectural features such as shutters, awnings, balconies, verandas, railings, dormers, chimneys, decorative moldings or ornamental details vii. Other similar design features 5) Architectural detailing, horizontal off -sets and other features shall be provided on all sides of the building to avoid blank walls and large, monolithic masses. 6) Roof height, pitch, ridgelines and materials shall be varied to create visual interest and avoid repetition. 7) The masonry and other building material and methodology requirements and all other requirements set forth in this Agreement are strict requirements of this Agreement, and any failure to fully adhere to same shall be a material breach of this Agreement. D. Design Standards (Commercial Uses): 1) Masonry (Brick/Rock veneer/Stone masonry): 70 percent minimum for each building (excluding doors, door frames, windows, and window frames). 2) Where the function of an individual business, or the recognized identity of a brand dictates a specific style, image, or building 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 and zoning commission. Exhibit E-1 ROADWAY IMPROVEMENTS Exhibit E-2 HURRICANE CREEK REGIONAL TRUNK SEWER IMPROVEMENTS Exhibit E-3 WATERLINE IMPROVEMENTS Exhibit F HOME BUYER DISCLOSURE PROGRAM The Administrator (as defined in the Service and Assessment Plan) shall facilitate notice to prospective homebuyers in accordance the following notices. Administrator shall monitor the enforcement of the following minimum requirements: 1. Record notice of the special assessment district in the appropriate land records for the property. 2. Require builders to include notice of the special assessment district in addendum to contract on brightly colored paper. 3. Collect a copy of the addendum signed by each buyer from builders and provide to the City. 4. Require signage indicating that the property for sale is located in a special assessment district and require that such signage be located in conspicuous places in all model homes. 5. Prepare and provide to builders an overview of the District for those builders to include in each sales packets. 6. Notify builders who estimate monthly ownership costs of the requirement that they must include special taxes in estimated property taxes. 7. Notify Settlement Companies through the builders that they are required to include special taxes on HUD 1 forms and include in total estimated taxes for the purpose of setting up tax escrows. 8. Include notice of the special assessment district in the homeowner association documents in conspicuous bold font. 9. The City will include announcements of the special assessment district on the City's web site and community channel. 10. The disclosure program shall be monitored by the Developer and Administrator. Exhibit G LANDOWNER AGREEMENT LANDOWNER AGREEMENT This LANDOWNER AGREEMENT (the "Agreement"), is entered into as of , among the City of Anna, Texas (the "C"), a home -rule municipality of the State of Texas (the "State"), and a Texas (the "Landowner"). RECITALS: WHEREAS, capitalized terms used but not defined herein shall have the meanings given to them in the Service and Assessment Plan (as defined herein); and WHEREAS, Landowner owns the Assessed Property described by a metes and bounds description attached as Exhibit I to this Agreement and which is incorporated herein for all purposes, comprising all of the non-exempt, privately -owned land described in Exhibit I (the "Landowner Parcel") which is coterminous with the Sherley Tract Public Improvement District (the "District") in the City; and WHEREAS, the City Council has adopted an assessment ordinance (including all exhibits and attachments thereto, the "Assessment Ordinance") for the Authorized Improvements and the Sherley Tract Public Improvement District Service and Assessment Plan (as updated and amended, the "Service and Assessment Plan") and which is incorporated herein for all purposes, and has levied an assessment on the Assessed Property in the District that will be used for the payment of certain infrastructure improvements and to pay the costs of constructing the Authorized Improvements that will benefit the Assessed Property; and WHEREAS, the Declaration of Covenants, Conditions and Restrictions attached to this Agreement as Exhibit II and which are incorporated herein for all purposes includes the statutory notification required by Texas Property Code, Section 5.014, as amended, to be provided by the seller of residential property that is located in a public improvement district established under Chapter 372 of the Texas Local Government Code, as amended (the "PID Act"), to the purchaser. NOW, THEREFORE, for and in consideration of the mutual promises, covenants, obligations and benefits hereinafter set forth, the City and the Landowner hereby contract, covenant and agree as follows: DEFINITIONS; APPROVAL OF AGREEMENTS Definitions. Capitalized terms used but not defined herein (including each exhibit hereto) shall have the meanings ascribed to them in the Service and Assessment Plan. Affirmation of Recitals. The findings set forth in the Recitals of this Agreement are hereby incorporated as the official findings of the City Council. I. AGREEMENTS OF LANDOWNER A. Affirmation and Acceptance of Agreements and Findings of Benefit. Landowner hereby ratifies, confirms, accepts, agrees to, and approves: (i) the creation and boundaries of the District, and the boundaries of the Landowner's Parcel which are coterminous with the District, all as shown on Exhibit I, and the location and development of the Authorized Improvements on the Landowner Parcel and on the property within the District; (ii) the determinations and findings as to the benefits by the City Council in the Service and Assessment Plan and the Assessment Ordinance; and (iii) the Assessment Ordinance and the Service and Assessment Plan. B. Acceptance and Approval of Assessments and Lien on Property. Landowner consents to, agrees to, acknowledges and accepts the following: (i) each Assessment levied by the City on the Assessed Property within the District (the "Assessments"), as shown on the assessment roll attached as Appendix _ to the Service and Assessment Plan (the "Assessment Roll"); (ii) the Authorized Improvements specially benefit the District, and the Landowner's Parcel, in an amount at least equal to the Assessment levied on the Landowner's Parcel within the District, as such Assessment is shown on the Assessment Roll; (iii) each Assessment is final, conclusive and binding upon Landowner and any subsequent owner of the Assessed Property, regardless of whether such landowner may be required to prepay a portion of, or the entirety of, such Assessment upon the occurrence of a mandatory prepayment event as provided in the Service and Assessment Plan; (iv) the obligation to pay the Assessment levied on the Assessed Property owned by it when due and in the amount required by and stated in the Service and Assessment Plan and the Assessment Ordinance; (v) each Assessment or reassessment, with interest, the expense of collection, and reasonable attorney's fees, if incurred, is a first and prior lien against the Assessed Property, superior to all other liens and monetary claims except liens or monetary claims for state, county, school district, or municipal ad valorem taxes, and is a personal liability of and charge against the owner of the Assessed Property regardless of whether such owner is named; (vi) the Assessment lien on the Assessed Property is a lien and covenant that runs with the land and is effective from the date of the Assessment Ordinance and continues until the Assessment is paid and may be enforced by the governing body of the City in the same manner that an ad valorem tax lien against real property may be enforced by the City; (vii) delinquent installments of the Assessment shall incur and accrue interest, penalties, and attorney's fees as provided in the PID Act; (viii) the owner of a Assessed Property may pay at any time the entire Assessment, with interest that has accrued on the Assessment, on any parcel in the Landowner Parcel; (ix) the Annual Installments of the Assessments (as defined in the Service and Assessment Plan and Assessment Roll) may be adjusted, decreased and extended; and, the assessed parties shall be obligated to pay their respective revised amounts of the Annual Installments, when due, and without the necessity of further action, assessments or reassessments by the City, the same as though they were expressly set forth herein; and (x) Landowner has received, or hereby waives, all notices required to be provided to it under Texas law, including the PID Act, prior to the Effective Date (defined herein). C. Mandatory Prepayment of Assessments. Landowner agrees and acknowledges that Landowner or subsequent landowners may have an obligation to prepay an Assessment upon the occurrence of a mandatory prepayment event, at the sole discretion of the City and as provided in the Service and Assessment Plan, as amended and updated. D. Notice of Assessments. Landowner further agrees as follows: (i) the Declaration of Covenants, Conditions and Restrictions in the form attached hereto as Exhibit II shall be terms, conditions and provisions running with the Landowner Parcel and shall be recorded (the contents of which shall be consistent with the Assessment Ordinance and the Service and Assessment Plan as reasonably determined by the City), in the records of the County Clerk of Collin County, as a lien and encumbrance against such Assessed Property, and Landowner hereby authorizes the City to so record such documents against the Assessed Property owned by Landowner; (ii) in the event of any subdivision, sale, transfer or other conveyance by the Landowner of the right, title or interest of the Landowner in the Landowner's Parcel or any part thereof, the Landowner's Parcel, or any such part thereof, shall continue to be bound by all of the terms, conditions and provisions of such Declaration of Covenants, Conditions and Restrictions and any purchaser, transferee or other subsequent owner shall take such Assessed Property subject to all of the terms, conditions and provisions of such Declaration of Covenants, Conditions and Restrictions; and (iii) Landowner shall comply with, and shall contractually obligate (and, upon the City's request, promptly provide written evidence of such contractual provisions to the City) any party who purchases any Assessed Property owned by Landowner, or any portion thereof, for the purpose of constructing residential properties that are eligible for "homestead" designations under State law, to comply with, the Homebuyer Education Program described on Exhibit III to this Agreement. Such compliance obligation shall terminate as to each Lot if, and when, (i) a final certificate of occupancy for a residential unit on such Lot is issued by the City, and (ii) there is a sale of a Lot to an individual homebuyer, it being the intent of the undersigned that the Homebuyer Education Program shall apply only to a commercial builder who is in the business of constructing and/or selling residences to individual home buyers (a `Builder") but not to subsequent sales of such residence and Lot by an individual home buyer after the initial sale by a Builder. Notwithstanding the provisions of this Section, upon the Landowner's request and the City's consent, in the City's sole and absolute discretion, the Declaration of Covenants, Conditions and Restrictions may be included with other written restrictions running with the land on property within the District, provided they contain all the material provisions and provide the same material notice to prospective property owners as does the document attached as Exhibit II. II. OWNERSHIP AND CONSTRUCTION OF AUTHORIZED IMPROVEMENTS A. Ownership and Transfer of Authorized Improvements. Landowner acknowledges that the portion of the Authorized Improvements benefitting the Landowner Parcel and the land (or easements, as applicable) needed therefor shall be owned by the City as constructed and/or conveyed to the City and Landowner will execute such conveyances and/or dedications of public rights of way and easements as may be reasonably required to evidence such ownership, as generally described on the current plats of the property within the District. B. Grant of Easement and License, Construction of Authorized Improvements. (i) Any subsequent owner of the Assessed Property shall, upon the request of the City or Landowner, grant and convey to the City or Landowner and its contractors, materialmen and workmen a temporary license and/or easement, as appropriate, to construct the Authorized Improvements on the Landowner Parcel within the District, to stage on the Landowner Parcel within the District construction trailers, building materials and equipment to be used in connection with such construction of the Authorized Improvements and for passage and use over and across parts of the property within the District as shall be reasonably necessary during the construction of the Authorized Improvements. Any subsequent owner of an Assessed Property may require that each contractor constructing the Authorized Improvements cause such owner of the Assessed Property to be indemnified and/or named as an additional insured under liability insurance reasonably acceptable to such owner of the Assessed Property. The right to use and enjoy any easement and license provided above shall continue until the construction of the Authorized Improvements is complete; provided, however, any such license or easement shall automatically terminate upon the recording of the final plat for the Landowner's Parcel in the real property records of Collin County, Texas. (ii) Landowner hereby agrees that any right or condition imposed by the Improvement Agreement, or other agreement, with respect to the Assessment has been satisfied, and that Landowner shall not have any rights or remedies against the City under the Sherley Tract Subdivision Improvement Agreement, or other agreement, with respect to the Assessments has been satisfied, and that Landowner shall not have any rights or remedies against the City under any law or principles of equity concerning the Assessments, with respect to the formation of the District, approval of the Service and Assessment Plan and the City's levy and collection of the Assessments. III. COVENANTS AND WARRANTIES; MISCELLANEOUS A. Special Covenants and Warranties of Landowner. Landowner represents and warrants to the City as follows: (i) Landowner is duly organized, validly existing and, as applicable, in good standing under the laws of the state of its organization and has the full right, power and authority to enter into this Agreement, and to perform all the obligations required to be performed by Landowner hereunder. (ii) This Agreement has been duly and validly executed and delivered by, and on behalf of, Landowner and, assuming the due authorization, execution and delivery thereof by and on behalf of the City and the Landowner, constitutes a valid, binding and enforceable obligation of such party enforceable in accordance with its terms. This representation and warranty is qualified to the extent the enforceability of this Agreement may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or other similar laws of general application affecting the rights of creditors in general. (iii) Neither the execution and delivery hereof, nor the taking of any actions contemplated hereby, will conflict with or result in a breach of any of the provisions of, or constitute a default, event of default or event creating a right of acceleration, termination or cancellation of any obligation under, any instrument, note, mortgage, contract, judgment, order, award, decree or other agreement or restriction to which Landowner is a party, or by which Landowner or Landowner's Parcel is otherwise bound. (iv) Landowner is, subject to all matters of record in the Collin County, Texas Real Property Records, the sole owner of the Landowner's Parcel. (v) The Landowner's Parcel owned by Landowner is not subject to, or encumbered by, any covenant, lien, encumbrance or agreement which would prohibit (i) the creation of the District, (ii) the levy of the Assessments, or (iii) the construction of the Authorized Improvements on those portions of the property within the District which are to be owned by the City, as generally described on the current plats of the property within the District (or, if subject to any such prohibition, the approval or consent of all necessary parties thereto has been obtained). (vi) Landowner covenants and agrees to execute any and all documents necessary, appropriate or incidental to the purposes of this Agreement, as long as such documents are consistent with this Agreement and do not create additional liability of any type to, or reduce the rights of, such Landowner by virtue of execution thereof. B. Waiver of Claims Concerning Authorized Improvements. The Landowner, with full knowledge of the provisions, and the rights thereof pursuant to such provisions, of applicable law, waives any claims against the City and its successors, assigns and agents, pertaining to the installation of the Authorized Improvements. C. Notices. Any notice or other communication to be given to the City or Landowner under this Agreement shall be given by delivering the same in writing to: To the City: City of Anna, Texas Attn: City Manager 111 N. Powell Parkway Anna, Texas 75409 With a copy to: Wolfe, Tidwell & McCoy, LLP Attn: Clark McCoy 2591 Dallas Parkway, Suite 300 Frisco, Texas 75034 To the Developer: MM Anna 325, LLC Attn: Mehrdad Moayedi 1800 Valley View Lane, Suite 300 Farmers Branch, Texas 75234 With a copy to: Miklos Cinclair, PLLC Attn: Robert Miklos 1800 Valley View Lane, Suite 360 Farmers Branch, Texas 75234 Any notice sent under this Agreement (except as otherwise expressly required) shall be written and mailed, or sent by electronic or facsimile transmission confirmed by mailing written confirmation at substantially the same time as such electronic or facsimile transmission, or personally delivered to an officer of the recipient as the address set forth herein. Each recipient may change its address by written notice in accordance with this Section. Any communication addressed and mailed in accordance with this provision shall be deemed to be given when so mailed, any notice so sent by electronic or facsimile transmission shall be deemed to be given when receipt of such transmission is acknowledged, and any communication so delivered in person shall be deemed to be given when receipted for, or actually received by, the addressee. D. Parties in Interest. This Agreement is made solely for the benefit of the City and the Landowner and is not assignable, except, in the case of Landowner, in connection with the sale or disposition of all or substantially all of the parcels which constitute the Landowner's Parcel. However, the parties expressly agree and acknowledge that the City, the Landowner, each current owner of any parcel which constitutes the Landowner's Parcel, and the holders of or trustee for any bonds secured by Assessment Revenues of the City or any part thereof to finance the costs of the Authorized Improvements, are express beneficiaries of this Agreement and shall be entitled to pursue any and all remedies at law or in equity to enforce the obligations of the parties hereto. This Agreement shall be recorded in the real property records of Collin County, Texas. E. Amendments. This Agreement may be amended only by written instrument executed by the City and the Landowner. No termination or amendment shall be effective until a written instrument setting forth the terms thereof has been executed by the then -current owners of the property within the District and recorded in the Real Property Records of Collin County, Texas. F. Effective Date. This Agreement shall become and be effective (the "Effective Date") upon the date of final execution by the latter of the City and the Landowner and shall be valid and enforceable on said date and thereafter. G. Estoppels. Within 10 days after written request from a party hereto, the other party shall provide a written certification, indicating whether this Agreement remains in effect as to an Assessed Property, and whether any party is then in default hereunder. H. Termination. This Agreement shall terminate and be of no further force and effect as to the Assessed Property upon payment in full of the Assessment(s) against such Assessed Property. [Signature pages to follow] [Signature Page Landowner Agreement] EXECUTED by the City and Landowner on the Effective Date. Date: STATE OF TEXAS COUNTY OF COLLIN CITY OF ANNA, TEXAS By: Mayor This instrument was acknowledged before me on the _ day of , 20 by , Mayor of the City of Anna, Texas on behalf of said City. (SEAL) Notary Public, State of Texas Name printed or typed Commission Expires: Date: LANDOWNER a Texas LIM its manager STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the _ day of , 20, by in his capacity as Manager of known to be the person whose name is subscribed to the foregoing instrument, and that he executed the same on behalf of and as the act of Manager of Notary Public, State of Texas My Commission Expires: LANDOWNER AGREEMENT - EXHIBIT I METES AND BOUNDS DESCRIPTION OF LANDOWNER PARCEL LANDOWNER AGREEMENT - EXHIBIT II DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS This DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (as it may be amended from time to time, this "Declaration") is made as of by a Texas (the "Landowner"). RECITALS: A. The Landowner holds record title to that portion of the real property located in Collin County, Texas, which is described in the attached Exhibit I (the "Landowner's Parcel"). B. The City Council of the City of Anna (the "City Council") upon a petition requesting the establishment of a public improvement district covering the property within the District to be known as the Sherley Tract Public Improvement District (the "District") by the then current owners of 100% of the appraised value of the taxable real property and 100% of the area of all taxable real property within the area requested to be included in the District created such District, in accordance with the Public Improvement District Assessment Act, Chapter 372, Texas Local Government Code, as amended (the "PID Act"). C. The City Council has adopted an assessment ordinance to levy assessments for certain public improvements (including all exhibits and attachments thereto, the "Assessment Ordinance") and the Service and Assessment Plan included as an exhibit to the Assessment Ordinance (as amended from time to time, the "Service and Assessment Plan"), and has levied the assessments (the "Assessments") on property in the District. D. The statutory notification required by Texas Property Code, Section 5.014, as amended, to be provided by the seller of residential property that is located in a public improvement district established under Chapter 372 of the Texas Local Government Code, as amended, to the purchaser, is incorporated into this Declaration. DECLARATIONS: NOW, THEREFORE, the Landowner hereby declares that the Landowner's Parcel is and shall be subject to, and hereby imposes on the Landowner's Parcel, the following covenants, conditions and restrictions: Acceptance and Approval of Assessments and Lien on Property: (a) Landowner accepts each Assessment levied on the Landowner's Parcel owned by such Landowner. (b) The Assessment (including any reassessment, the expense of collection, and reasonable attorney's fees, if incurred) is (a) a first and prior lien (the "Assessment Lien") against the property assessed, superior to all other liens or claims except for liens or claims for state, county, school district or municipality ad valorem property taxes whether now or hereafter payable, and (b) a personal liability of and charge against the owners of the property to the extent of their ownership regardless of whether the owners are named. The Assessment Lien is effective from the date of the Assessment Ordinance until the Assessments are paid and may be enforced by the City in the same manner as an ad valorem property tax levied against real property that may be enforced by the City. The owner of any assessed property may pay, at any time, the entire Assessment levied against any such property. Foreclosure of an ad valorem property tax lien on property within the District will not extinguish the Assessment or any unpaid but not yet due Annual Installments of the Assessment, and will not accelerate the due date for any unpaid and not yet due Annual Installments of the Assessment. It is the clear intention of all parties to this Declaration, that the Assessments, including any Annual Installments of the Assessments (as such Annual Installments may be adjusted, decreased or extended), are covenants that run with the Landowner's Parcel and specifically binds the Landowner, its successors and assigns. In the event of delinquency in the payment of any Annual Installment of the Assessment, the City is empowered to order institution of an action in district court to foreclose the related Assessment Lien, to enforce personal liability against the owner of the real property for the Assessment, or both. In such action the real property subject to the delinquent Assessment may be sold at judicial foreclosure sale for the amount of such delinquent property taxes and Assessment, plus penalties, interest and costs of collection. 2. Landowner or any subsequent owner of the Landowner's Parcel waives: (a) any and all defects, irregularities, illegalities or deficiencies in the proceedings establishing the District and levying and collecting the Assessments or the annual installments of the Assessments; (b) any and all notices and time periods provided by the PID Act including, but not limited to, notice of the establishment of the District and notice of public hearings regarding the levy of Assessments by the City Council concerning the Assessments; (c) any and all defects, irregularities, illegalities or deficiencies in, or in the adoption of, the Assessment Ordinance by the City Council; (d) any and all actions and defenses against the adoption or amendment of the Service and Assessment Plan, the City's finding of a `special benefit' pursuant to the PID Act and the Service and Assessment Plan, and the levy of the Assessments; and (e) any right to object to the legality of any of the Assessments or the Service and Assessment Plan or to any of the previous proceedings connected therewith which occurred prior to, or upon, the City Council's levy of the Assessments. 3. Amendments: This Declaration may be terminated or amended only by a document duly executed and acknowledged by the then -current owner(s) of the Landowner's Parcel and the City. No such termination or amendment shall be effective until a written instrument setting forth the terms thereof has been executed by the parties by whom approval is required as set forth above and recorded in the real Property Records of Collin County, Texas. 4. Third Party Beneficiary: The City is a third party beneficiary to this Declaration and may enforce the terms hereof. 5. Notice to Subsequent Purchasers: Upon the sale of a dwelling unit within the District, the purchaser of such property shall be provided a written notice that reads substantially similar to the following: TEXAS PROPERTY CODE SECTION 5.014 NOTICE OF OBLIGATION TO PAY PUBLIC IMPROVEMENT DISTRICT ASSESSMENT TO THE CITY OF ANNA, COLLIN COUNTY, TEXAS CONCERNING THE PROPERTY AT [Street Address] As the purchaser of this parcel of real property, you are obligated to pay an assessment to the City of Anna, Texas, for improvement projects undertaken by a public improvement district under Chapter 372 of the Texas Local Government Code, as amended. The assessment may be due in periodic installments. The amount of the assessment against your property may be paid in full at any time together with interest to the date of payment. If you do not pay the assessment in full, it will be due and payable in annual installments (including interest and collection costs). More information concerning the amount of the assessment and the due dates of that assessment may be obtained from the City of Anna, 111 N. Powell Parkway, Anna, Texas 75409 Your failure to pay the assessment or the annual installments could result in a lien and in the foreclosure of your property. Signature of Purchaser(s) Date: The seller shall deliver this notice to the purchaser before the effective date of an executory contract binding the purchaser to purchase the property. The notice may be given separately, as part of the contract during negotiations, or as part of any other notice the seller delivers to the purchaser. If the notice is included as part of the executory contract or another notice, the title of the notice prescribed by this section, the references to the street address and date in the notice, and the purchaser's signature on the notice may be omitted. EXECUTED by the undersigned on the date set forth below to be effective as of the date first above written. LANDOWNER a Texas LIM its manager STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the _ day of 20, by in his capacity as Manager of known to be the person whose name is subscribed to the foregoing instrument, and that he executed the same on behalf of and as the act of Manager of Notary Public, State of Texas My Commission Expires: LANDOWNER AGREEMENT - EXHIBIT III HOMEBUYER EDUCATION PROGRAM As used in this Exhibit III, the recorded Notice of the Authorization and Establishment of the Sherley Tract Public Improvement District and the Declaration of Covenants, Conditions and Restrictions in Exhibit II of this Agreement are referred to as the "Recorded Notices." 1. Any Landowner who is a Builder shall attach the Recorded Notices and the final Assessment Roll for such Assessed Property (or if the Assessment Roll is not available for such Assessed Property, then a schedule showing the maximum 30 year payment for such Assessed Property) as an addendum to any residential homebuyer's contract. 2. Any Landowner who is a Builder shall provide evidence of compliance with Paragraph 1 above, signed by such residential homebuyer, to the City, upon the City's request. 3. Any Landowner who is a Builder shall prominently display signage in its model homes, if any, substantially in the form of the Recorded Notices. 4. If prepared and provided by the City, any Landowner who is a Builder shall distribute informational brochures about the existence and effect of the District in prospective homebuyer sales packets. 5. Any Landowner who is a Builder shall include Assessments in estimated property taxes, if such Builder estimates monthly ownership costs for prospective homebuyers. Exhibit H CITY PID BOND FINANCING AND TIRZ CONTRIBUTION ANALYSIS - DRAFT FOR ILLUSTRATION PURPOSES ONLY � k L V n _T e�F [f0 c � n d � Q � M N w Y A N A vi w El§§§ §�6§ $a8n R 8fY 6t'a udxCS�rtl �.stlKG C wGGo'�«-,cu.ww.. 5 ss rsa P MH M8A 8M p 6tffi � tiM#GM S �. G£G£ ££££ �£yG££ g £G££ 9491 ££££ Mg £G%C. 9411, 8 % kQk Olt 3 R Q ^,PJffi.�aG&sasrxts�assttr��ssasasGcc�c 8 6 !m IEEE USE USE ERNE S �I�Om 6 4 4 @ M ma ys »» ge9 xaa��e�sexs�ass�ea9rs"s:saases:uu s��sat�rcrtas:xaaaatassta��s�serc- ^s ( ■ � < k N !2 IS r ! 2y m§ \ { 7 ! ! { � \ \ \§§)\|£| ;#e�2!®� ■ + ; i a i ;mkEll , § 2§■.m s \ /§R(\�tg ) / �� | | \ \ }\\a\■$ \ SHERLEY TRACT AN URBAN MIXED - USE MASTER PLANNED PROJECT rT-r . . .......y � ` \� � ,\ \ \ \ � � ��\� , *ILLUSTRATION PURPOSES ONLY* CA Projects The Riverwalk at Central Park The Riverwalk at Central Park will be a vibrant downtown for the more than 70,000 residents of Flower Mound, Texas. Located in the heart of the Dallas/Ft. Worth Metroplex, this 158-acre mixed -use development integrates commercial, office, retail, dining, medical, civic and residential uses in a variety of building types. Five miles north of the DFW airport, The Riverwalk is 28 miles northwest of downtown Dallas and 25 miles northeast of Ft. Worth. Three major highways border the Riverwalk, each with six lanes, this location is easily accessible from any part of the DFW Metroplex. The Riverwalk allows a wide range of flexibility and integration of product uses, such as ground floor retail with offices and/or residences above, retail and office on the same block. The variety of The Riverwalk allows residents to work, play, live and shop all in one location. With 46.5 acres of parks and open spaces in or adjacent to the property, The River Walk provides a plan that will offer a relaxing and serene environment. CA Projects The Statler Centurion American debuted The Statler in the Fall of 2017. The Statler Hotel & Residences underwent a multi- million dollar redevelopment and is part of Curio — A Collection by Hilton, a global brand of distinctive upper upscale and luxury hotels. In 1956, The Statler Hilton's innovative design and first-class features earmarked the hotel as the trendsetter of modern luxury in the growing Downtown Dallas and was a common stop for the world's most distinguished dignitaries and celebrities. Centurion American Development Group's master plan includes 161 hotel rooms on the lower five floors and 219 residences on the top 11 floors. The building includes meeting space, retail and office space, restaurants and a hotel lounge. Venues include Bourbon and Banter, Scout, Fine China, Waterproof, and Over easy. A new music and entertainment venue exists in the 14,500-square-foot ballroom. In addition, the iconic 20-story hotel is prominently located across from the Main Street Garden Park and will boast some of the most breathtaking views in all of Dallas. Centurion has partnered with Merriman Associates Architects to lead the design of the project, and Lincoln Property will be managing the residential units. • t :rF �. Y w� �. t ■ti .�� 5 _ i .art # ::.■r' k Mercer Crossing CA Projects C'Y E CRCROSS1N G Mercer Crossing West is a multi -phase development of multifamily, residential and commercial planned on 370 acres in Farmers Branch, Texas. The overall mixed -use plans on the horizon include a boutique hotel, boardwalk restaurants with waterfront dining, retail destinations and family entertainment on the southern site just southeast of the 635 and Luna Road intersection. The northeast portion will feature 2 hotels, 3500 multifamily units and shopping retail just north of 635 and the Luna road exit. In addition, the project will include over 800 single family home sites for townhomes and residential villas, 180,000 square feet of commercial with services that accommodate local residents and a reserved 48-acre for a future office campus. Signature amenities planned include a 5,000 seat outdoor amphitheater and a residential amenity center with plans for a myriad of amenities like a kid splash park and pool for local homeowners. CA Projects Westlake Entrada WESTLAKE Westlake Entrada is nestled on 85 acres in one of the most coveted communities in the country. Located in the center of north Texas, this charming, walkable community is modeled after a quaint Catalonian village in northeastern Spain. This mixed -use development integrates commercial, office, retail, dining, and residential uses in a variety of building types. • Residential Living • Retail: 16,800 sf o Single -Family: 604 o Townhome: 190 • Entertainment & Service o Active Adult/Senior: 108 • Restaurants: 19,000 sf • Multi -Family: ± 19 acres • Anna ISD: • Amenity Center o Rattan Elementary o Anna Middle School • Hike & Bike Trails o Anna High School • Community& Botanical Garden SHERLEY TRACT USE MAP SHIMMY TRACT ' h• ,c;i�, gin:: - i —Y --� �HF AMENITY CENTER :3 EXISTING LAKE ASHAG PIER AMENITY - CENTER 5ti\,SG 5�\�G TRAiLHEAD S PARKM \ d M r7l, rl I TT & B 0 TA R T I IF rl !\ :a e ......�..�.��- s-• r rr Awls • 44 �~ r. _ .. :fie a r �' ,}•. lR qr 3 � r ��f�• t #� •s '1 Di rk 3'. ` WE m Ir - E ., µ r •. iF� -..r el .gf '� ti 7. -. Vr a'� rig ww i t M s 7 ;a ., �._11.�� `ems _ _ •� - � OPEN SPACE L�l� COMMERCIAL & MULTI -FAMILY SHERLEY TRACT & HURRICANE CREEK o � � ��t ,,� err �. ❑ I.. TZ1-4 Al SHERLEYTRACT Nl1RRiCANE CREEK airneuumx y I xn le 1 { TOTRL:BB1 mY / L TOTAL: 9S12 / I \'�---- CENTURION A M E R I C A N THE CITY OF Aifttia AGENDA ITEM: Item No. 11. City Council Agenda Staff Report Meeting Date: 6/9/2020 A) Conduct a public hearing to consider public comments to rezone 34.3± acres located on the west side of U.S. 75 and 691± feet south of Future Rosamond Parkway (W CR 370) from Single - Family Residential — Large Lot (SF-E) to Planned Development -General Business District (PD- C-2) with modified development standards. (Director of Development Services Ross Altobelli) B) Consider/Discuss/Action on an Ordinance approving the request to rezone 34.3± acres from Single -Family Residential - Large Lot (SF-E) to Planned Development -General Business District. (PD-C-2) with modified development standards. C) Consider/Discuss/Action on a Resolution regarding the Concept Plan, Sherley Commercial, Block A, Lots 1-3, Block B, Lots 1-2, and Block C, Lot 1, associated with the rezoning request. SUMMARY: The applicant is requesting to rezone the subject property to allow for commercial and residential uses. For additional information please refer to the attached staff report. A Concept Plan, Sherley Commercial, Block A, Lots 1-3, Block B, Lots 1-2, and Block C, Lot 1, accompanies this request. Strategic Connection This items supports the City of Anna Strategic Plan, specifically advancing: Goal 1: Growing Anna Economy Goal 2: Sustainable Anna Community Through Planned, Managed Growth Goal 3: Anna -A Great Place to Live STAFF RECOMMENDATION: Zoning & Associated Concept Plan - The Planning & Zoning Commission recommended approval (6-0) at their May 4, 2020 meeting. ATTACHMENTS: Description Upload Date Type Locator Zoning staff report EXHIBIT B (CONCEPT PLAN) Ordinance Resolution Exhibit A Metes & Bounds Exhibit 1 (Resolution) 4/30/2020 Exhibit 6/3/2020 Staff Report 6/3/2020 Staff Report 6/4/2020 Ordinance 6/4/2020 Resolution 4/30/2020 Exhibit 6/4/2020 Exhibit Zoning- 5herley Commercial 7C. .. LU } E G01UNTY ROA0.370 I 4y - .�1. HELMOKEN F - �MIl11�1 1- lili ^® o� 111LIli�lil�i RM HIM�iRf�e� ..E CITY OF rProposed Site �_N'CiitylLirnit. THE CITY OF L.nna n Comprehensive Plan Future Lane Use Map — Commercial. THE CITY OF Anna r a N89° 35' 23" E 91 8. 75' 096Jgg�0N ABA2 LTSVHY,E RE . a TRAC B}(%L(1l,1,lIIOCK TRASH u - , • ILY "" 3 STORY [ COMPACTOR MULTI I ` / , -' ,_•-, _,-' ; ._-,_ - ±30,000 SF / l� `. '•� FAMILY 1 -11• F' I� 24UNITS / . 3600RYI j Y X - / coMMuwTr OPEN F }24 UNTS' ! -I C..q HOTEL 5 STORIES - %m /ePao sF• _.� -, ....: ±85,000 SF MULTI- r FAMILY M o 3 STORY 30,000 -. - . _ _ .24UNITS / :P, F 1 MULTI- _ - F - ----..- ... -,Yk 7� w Q ••v> h :! 7' •FAMILY E:" -" ___L _ - TT-7 w 'v - : ! K A, I I 3 STORY 30 \� ..... �.. `4 .. . - 1 777 J °v : ! I I ± 30,000 SF • ' - ' ' m ti / I 24 UNITS { 1"r yc 1 MULTI -FAMILY a, a ±60000SF %OFF ?q++w;• " (,� •l 4 f I 1 1 REST. y ,32 UNITS POOL ,&AMENITY /•��-•. •?eo. Q MULTI- CENTER 1 / /FAMILY / - '1 1 STORY ? Ep', - - 7•.'•a` , ±T0O00RY3 SF /7...:-1 I I11 t-��•^ ±8000 SF 4 1 30 24 UNITS -. ENCLOSED m •1;' 1 / `\� - ' i� _ " RECEPTICAL .. �? N _ n 1 1 / EA �RE2 \ V 1 a, 9C :2s oSF _ zs 3 STIORY it 3 STORY I 1 _ '. : -•- '� -1 1 MILY P ±42,000 SF .{ 24UNITS 1 I F a o _ 1 - 1 24UNITS I r / ��•' V � i % � '�! .- � 3STORY __n/ v :..:1 I I ,•p ENTER- A u'+ ' _ 11"I" 6.0 1 ± 36.000 SF f _ 'V _ L i _• + ,*' - UNIT ' j I TAINMENT �< - MULTI ,: 1 Y' / PEDESTRIAN VENUE .w FAMILY ; II '24 S 1\�x+ PROMENADE 1 ',1 2 STORIES •h. _ ; 3 STORY 1 ,Y _ 1 1 / ±20,000 SF E ll, n ' '±30,000 SF 1 1 - 1 1 24UNITS BLDG 1 STOKY -I•� BLDG I U LY/ E I FEATURE ' SPACE )3 STORY / I .:,I { :Sa,aoo SF { F, % $ oN L - 13 COMM R :±36,000 SF 24UNITS { MULTI- !� 1 01 3- •- ; > 1STORY , ..if FAMILY "1 I 1 (: ±7000 •I-_ ( l -: =_I RY I OPEN ✓ n- .FAMILY _ t� __ ±24 UNITSF 1 i 1 L SPACE 3 STORY 1 1 _ �,• LL', ao' 11 : 1', ±24 UNITSF 1 BOMM. a 1 „ i� �� LDG 3 S89°5 935 W h • � �%, MULTI 1 STORY * •--_, I, BS STORY I \ O QrN. FAMILV , E _.. _ _ 1 ', d "REST. 1 1 , T 35,000 SF Ni;r' 30,000SF r a� _ ._i _ I ±9,000 SF \ , a', 24 ENCLOSED Y _ `, L _ __ I ON RETRASH' 1 MULTI -FAMILY" V 3 T, T STORY 1..__•_ -; - - - - MULTI - ±30000 SF -1 -�,�, = ` i - 3 STORY ' 24UNITS - - /� -- __ -; _ S89 56' 1 0" W 71 0. 69' 1 ± 60 000 SF ' 32 UNITS ..,.. 1 - 1 _ 4 �E'j. i.�`i, __ . • CROESS _MATCH LiN Sao MATCH LIN Concept Plan Sherley Commercial THE CITY OF n na n ►A PD Stipulations • Uses within C-2 — restricting automobile uses & allowing multiple -family and single- family dwelling, attached • Open Space - 20% of the development (3.6 acres) to include water features • Variation of design standards • Maximum Building Height: 5 stories (commercial) / 4 stories (multiple -family) • Maximum multifamily units: 450 • Minimum residential setback from U.S. Hwy 75: 650 feet • Phasing • Prior to issuance of bldg. permit greater than 275 units — min. 5,000 sf of commercial • Water features constructed with multiple -family residences THE CITY OF Anna COMMERCIAL & MULTI -FAMILY • Multi -Family: 450 max units • Commercial • Water Features/Trails • Future Hotel Site AU11P j rl l rl g • Retail/Restaurant: Approx. 50,000 sf • Entertainment & Services • Open Space/Amenities CITY OF ANNA CITY COUNCIL June 9, 2019 Agenda Item No. 7A Applicant: Trevor Kollinger, Centurion American DESCRIPTION: Request to rezone 34.3± acres located on the west side of U.S. Highway 75 and 691± feet south of Future Rosamond Parkway (CR 370) from Single -Family Residential — Large Lot (SF-E) to Planned Development -General Business District (PD-C-2). Tabled May 26, 2020. REMARKS: Staffs write-up has been edited since the May 4, 2019 Planning & Zoning Commission meeting in order to remove any reference associated with Digital Pilon Signage that has been removed from the applicants zoning request. The applicant is requesting to rezone the subject property in order to allow for a multi -use development to include multiple -family residence, single-family dwelling, attached, and commercial uses with modified development standards. A Planned Development (PD) is intended to provide for combining and mixing of uses allowed in various districts with appropriate regulations and to permit flexibility in the use and design of land and buildings in situations where modification of specific provisions of this article is not contrary to its intent and purpose or significantly inconsistent with the planning on which it is based and will not be harmful to the community. A PD district may be used to permit new and innovative concepts in land utilization. While great flexibility is given to provide special restrictions, which will allow development not otherwise permitted, procedures are established herein to insure against misuse of the increased flexibility. The General Business district (C-2) is intended to accommodate those uses that are of city-wide and regional significance. Within this district are permitted retail, service, and office uses characteristic of retailing and wholesaling markets. This district is intended to accommodate commercial activities that cannot be accommodated in the C-1 Restricted Commercial District. The subject property is currently undeveloped. A concept plan (Exhibit B) accompanies this request as Agenda Item 8C. Surrounding Land Uses and Zoning North Vacant land zoned Single -Family Residential - Large Lot SF-E East Across U.S. Highway 75, vacant land zoned Single -Family Residential - Large Lot SF-E South Hospital and vacant land on two tracts zoned Planned Develo ment-765-2018 West Across future Standridge Boulevard, vacant land within the extraterritorial jurisdiction ETJ Proposed Planned Development Stipulations The requested zoning is PD-C-2. This Planned Development is proposed as a multi -use development along U.S. Highway 75. There are two primary parts to this request: land use and design standards. Land Use - The applicant is proposing to rezone the subject property to allow for a mixed - use of single-family attached, multiple -family residence, and nonresidential uses. Design Standards - The language in the proposed PD district would allow this site to be developed with a mix of residential and nonresidential uses with modified development standards oriented around two water features, while still preserving significant commercial property along the U.S. Highway 75 expressway corridor. The proposed single-family, attached residences will only be permitted west of Standridge Boulevard. Conformance with the City of Anna Strategic Plan and Comprehensive Plan Anna Vision 2034 a. Principle 1: Community of Families i. Life cycle family housing for all generations. b. Principle 5: Great Housing Opportunities Diverse housing choices for all family generations: small lots, townhomes, estate homes, "ranchette", apartments, mixed -use development. ii. Safe, well -design, well -maintained multi -family rental housing. c. Principle 6: Dynamic Business Community i. Attractive commercial centers with well -designed and well - maintained landscaping. ii. Ability of neighbors to work in Anna. AGENDA ITEM NO. 7A (06/06/20) PAGE 2 OF 9 City of Anna Goals for 2024 a. Growing Anna Economy i. Expand the commercial tax base ii. More jobs for neighbors iii. Expand retail businesses b. Sustainable Anna Community Through Planned, Managed Growth i. Having new buildings and homes that are attractive and using the appropriate building materials and meeting City's architectural standards. ii. Having a range of housing choice available in Anna. c. Anna — A Great Place to Live i. Increase the number of "family -oriented" restaurants ii. Increase the number of retail businesses Future Land Use Plan The Future Land Use Plan designates this property as Commercial (red). Commercial is land or buildings where merchandise or services are offered for sale. The primary purpose of the land is to provide a location for displaying merchandise or communicating services in a manner that enhances the convenient retail sale of goods and services. The role of commercial activity in the city is to provide convenient and +■�++ available retail, service, and office opportunities to residents of the ■ Anna market area. 1 Commercial activity provides return on investment for business and property owners, employment opportunities for local residents (neighbors), and an economic base for local taxing entities. Commercial activity generally supports community residential activity, but certain aspects of the retail, service, and office uses AGENDA ITEM NO. 7A (06/06/20) PAGE 3 OF 9 such as big -box retail, and service and office headquarters may be more regionally oriented and act as basic elements of the economy. ISSUES: Residential Uses Many cities have policies separating residential uses from expressway corridors in order to reserve areas along the frontage roads for significant commercial development. Additionally, due to noise and health impacts, residential development is generally not appropriate along these corridors. However, staff believes that residential uses could be appropriate for the subject property if: 1. Appropriate standards are established to protect residents from the effects of U.S. Highway 75; 2. Appropriate standards are used to encourage high -quality development on the subject property; and 3. As a part of a mixed -use development with pedestrian -oriented standards. Staff would not support residential uses on the subject property without considerations noted above. The recommended planned development stipulations are intended to fulfill these standards. In order to protect residents from the impacts of the highway, the applicant is proposing a minimum 650-foot setback from the centerline of U.S. Highway 75 for multiple -family residence and single-family dwelling, attached will only be permitted west of future Standridge Boulevard. Additionally, the applicant is prohibiting automobile and related services uses. Open Space Open Space is a requirement for residence hotels, garden (patio) homes, and multiple - family residence uses to ensure that future occupants have access to recreational space. Open space is defined as [a portion of a lot] "for recreational purposes, both passive and active, but not including areas used for parking or maneuvering of automobiles, or drives or approaches to and from parking areas. Floodplains, or 50% of any standing surface water, may be considered as open space, provided such open space is contiguous and part of the platted lot and is maintained." Subsection (f) Multifamily residences of Section 9.04.033 Special Uses, provides a requirement for open space based on the number of bedrooms for multiple -family residences. The requirement permits credit of three square feet per one square foot of swimming pools and adjacent decks, patios, or lounge areas within 10 feet of a pool; developed and equipped children's play areas; and usable portions of recreational AGENDA ITEM NO. 7A (06/06/20) PAGE 4 OF 9 buildings not to exceed 50% of the total open space with exclusion to tennis courts. Based on the bedroom count of the concept plan, the multiple -family residence development would require a minimum of 7.5 acres of private open space. The proposed planned development stipulations reduce this requirement from approximately 7.5 acres to 20% of the lot (3.6 acres). The intent of this stipulation is to ensure the amount of amenity space is developed consistent with the approved concept plan associated with the zoning request. Staff believes that the pedestrian -oriented, urban form proposed for this multiple -family residence buffered with a large water feature and passage to the adjacent commercial property justifies reducing the required open space to 20% of the multiple -family development area. Other Planned Development Stipulations The additional planned development stipulations include modifications to height, parking, and proposed design standards. Staff is in support of the proposed planned development stipulations. SUMMARY: Request to rezone 34.3± acres located on the west side of U.S. Highway 75 and 691± feet south of Future Rosamond Parkway (CR 370) from Single Family Residential — Large Lot (SF-E) to Planned Development -General Commercial District (PD-C-2). The request is in conformance with the recommendations of the Comprehensive Plan. The proposed uses and standards will create a multi -use development. For these reasons, staff is in support of the rezoning request. RECOMMENDATION: Recommended for approval as follows: Restrictions: The permitted uses and standards shall be in accordance with the C-2 zoning district and the Planning and Development Regulations unless specified or restricted herein. a. Uses: Automobile and related uses shall be prohibited, except parking lot/parking garage, automobile. 2. Multiple -Family Residence in accordance with the MF-2 Multiple -Family Residential - Hight Density zoning district, unless otherwise specified herein shall be permitted by right. AGENDA ITEM NO. 7A (06/06/20) PAGE 5 OF 9 3. Single-family dwelling, attached in accordance with the SF-TH Townhome District, unless otherwise specified herein is allowed by -right and shall be restricted to the area west of Standridge Boulevard identified on the approved Concept Plan (Exhibit B). b. Maximum Building Height: 5 stories (75 feet) including architectural projections. c. Maximum Lot Coverage of 80%. d. Setbacks: 1. The front yard setback shall be 45 feet where parking is allowed in front of the building; 20 feet along streets not identified as major thoroughfare. 2. Zero side yard or rear yard; 15 feet when adjacent to a residential zoning district. e. A twenty-six (26) foot fire lane shall be required adjacent to any building exceeding three stories. f. Two water features are required to be constructed as part of the multi -use development and shall be located in general conformance with the approved Concept Plan. Characteristics of the water features shall include: 1. Northern water feature: minimum 50,000 square feet. 2. Southern water feature: minimum 20,000 square feet. 3. The perimeter of the water features shall be amenitized with a minimum 5' sidewalks, hardscape and landscaping, and shall be used for detention purposes. 4. Developers shall be required to plant one tree (minimum of three-inch caliper and seven feet high at the time of planting) per 100 linear feet of water feature. A. 50% of these required trees shall be large, as defined in Sec. 9.06.0011 Approved plant materials. B. Trees may be grouped and/or clustered to facilitate site design. g. Multiple -Family Residence Location: 1. Shall be restricted to the area identified on the approved Concept Plan (Exhibit B) and may be developed entirely as either multiple -family residence or C-2 General Commercial. 2. Minimum residential setback from the centerline of the Right of Way of U.S. Highway 75: 650 feet. AGENDA ITEM NO. 7A (06/06/20) PAGE 6 OF 9 h. The permitted uses and standards shall be in accordance with the MF-2 zoning district and the Planning & Development regulations unless specified herein. 1. Maximum number of units: 450 2. Maximum Building Height: 4 stories (70 feet) including architectural projections. A twenty-six (26) foot fire lane shall be required adjacent to any building exceeding three stories. 3. Setbacks: A. Front Yard: 20 feet. B. Side Yard: 15 feet. C. Rear Yard: 15 feet D. Eaves, covered porches, and roof extensions without structural support may extend into the side yard setback or rear yard setback a distance not to exceed four feet. E. Balconies shall not extend into the required setbacks. 4. Maximum Lot Coverage: 50% 5. Minimum Dwelling: The minimum floor area for multi -family units with one bedroom shall be six hundred (600) square feet, exclusive of garages or porches. Any additional bedrooms shall be a minimum of one hundred and fifty (150) square feet. 6. Minimum open space: 20% of the multiple -family residence lot areas to include the following; A. Two water features as noted above; B. Community open space area: minimum dimension width of 100 feet with land area no less than 20,000 square feet; C. Pedestrian promenade: minimum dimension of 40 feet x 225 feet; D. Amenity center and pool; and E. Additional open space areas shall maintain a minimum dimension of 15 feet in width and 1,500 square feet in area to qualify towards overall minimum open space obligations. 7. Parking: 1 space / Studio & 1 bedroom units 2 spaces / 2 or more bedroom units AGENDA ITEM NO. 7A (06/06/20) PAGE 7 OF 9 0.25 spaces for visitors / unit 8. Design Standards (Multiple -Family Residence): A. Masonry (Brick/Rock veneer): Eighty (80) percent for the first three stories, and Seventy (70) percent for the fourth story. B. Screening Requirements: Border fencing of masonry construction of not less than eight feet in height shall be installed by the builder at the time of construction, along the property lines that abut the northern and southern district boundaries. Open Space that is shared between uses shall be exempt from any type of screening. This fence shall be maintained throughout the existence of the multi -family complex by the owner of the complex. C. Refuse Facilities: Trash compactors shall be permitted as an alternative to individual refuse facility locations. Trash compactor facilities shall be internal to buildings or screened from view on three sides by a masonry wall not less than seven feet nor more than eight feet in height. Solid metal gates of an equal height to the enclosure height must be provided on the truck collection side of the enclosure. Standards and Area Regulations (single-family dwelling, attached): Development must comply with the development standards for use, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, and lighting, set forth in the "SF-TH", Townhome District, except as otherwise provided herein. 1. Lot size: 2,000 per unit 2. Lot coverage: 70% 3. Rear yard: 10 feet 4. Side yard: 0 feet; 5 feet for end units 5. Building separation: 10 feet 6. Side yard, corner: 10 feet 7. Lot width: 20 feet 8. Lot depth: 80 feet 9. Parking: Two enclosed spaces per lot Plats and/or site plans submitted for the development of the PD shall conform to the data presented and approved on the Conceptual Development plan. Non - AGENDA ITEM NO. 7A (06/06/20) PAGE 8 OF 9 substantial changes of detail on the final development plan(s) that differ from the Conceptual Development plan may be authorized by the City Council with the approval of the final development plan(s) and without public hearing. k. The Conceptual Development Plan will expire after two (2) years of approval. Phasing: Prior to the issuance of a building permit for any multiple -family residence greater than 275 units, a building permit for a minimum 5,000 square feet building for a commercial use must be issued. 2. The water features must be constructed prior to or simultaneously with the multiple -family residence. m. Signage: Signs in this district shall comply with the requirements of the city sign ordinance (as amended), except as listed below. Sign coordination plan: A sign coordination plan shall be required for the entire development (excluding single-family attached) at the time of the first site plan and approved by Council. AGENDA ITEM NO. 7A (06/06/20) PAGE 9 OF 9 alf LLI U) 75 Q 0 LP 0 N 0 N 0) N c\+ 75 W CR 370 0. FUTURE R SAMOND PARKWAY) PROJECT E CR 370 LOCATION T�6_ �jQYc 2 r :I I 1 I 1 I I # OF UNITS N/A 128 N/A + mp ( :::::I � 455 Lj_mdmm , 1 1 I ( REQUIRED PROPOSED* REQUIRED PROPOSED WEST WHITE STREET / — 1 \ > •� • . . . . . . . . •� . . . . . . . . . . . . . . . . . . . . . . . ) 11 I I I , , ' # OF PARKING SPACES 321 itaMULTI- , . Il� -) , m 256 (1/1B&2/2B+& / \ ` .I , \ \. \ - . . . . . . . . . . . . `. . . . . . . . . � . . . . . . . . . . . . . . � I I , / 171 N/A N/A 1 l''' l ♦ I 2/UNIT) 25/UNIT FOR FAMILY I I 1 I VISITOR /•`/♦ THE TOTAL PROPOSED PARKING SPACES FOR MULTIFAMILY USE; 370 ARE DESGINATED AS GARAGES AND THE - 3 STORY', ::: MULTI- /:::::: — — ; ASSOCIATED TANDEM PARKING SPACES. 30,000 SF ::::� FAMILY ots i 1 I - - 24 UNITS , \` \, ::::I; 3 STORY / ) 0 SF I:..: I'-� 61 N ITY MAP 11 � � I r; 1 I ` N.T.S. / rr , NORTF� SITE INFORMATION ZONING: SF-E PROPOSED ZONING: PD MF & PD C-2 LAND USE: SINGLE FAMILY LOT AREA: / THOROUGHFARE OVERLAY DISTRICT LEGEND PROPOSED LOT LINE — PROPERTY BOUNDARY EXISTING PARCEL LINE APPROX. CITY LIMIT BUILDING PAD APPROX. GARAGE LIMIT WATER — — FEATURE ALAM SHEIKH M v ABS A 296 JOHN 1 I 1 \\, - �' / � ■ I 1 ♦ � 1 "�'' I I � I l � � / SITE DATA TABLE / ELLET SURVEY, I \\ , �_ I I , y I 1 I 1 \/ / \ � I / �I r / I I 1 I I BLOCK 1, LOT1 BLOCK 1, LOT2 BLOCK 1, LOT3 ' TRACT 3 \\� I' � I / � II �1 \—�`) ♦♦ , /r i ` 1� � _/ ,\ i � � � � I ZONING PD PD PD ZONED SF-E I I 1 i ♦ \, ,°� / � � 1 I ( I 1 I PROPOSED USE C-2 C-2 MODIFIED MF-2 I i I Z QC� �� ,t \\ (\ \I r`r ♦ \\\ , �l I LOT AREA 33.22 ACRES 39.43 ACRES 312.17 ACRES `` I , `♦�,^ / I l J \I J `, 1I `1 \ \ \' 1'1 \ / 1 \\ I I I ( 1 r I # OF UNITS N/A N/A 248 ACCESSCRASS I fir, If /�\\ .-/1\ / \\� / ) �fJ \.` 1\ ,/I /' ,/ /' / ♦1 ,� / I I , If• II REQUIRED PROPOSED* ' N890 35' 23" E 91 80 75' - I I I # OF PARKING SPACES & 2 , 1 / I I I I' ass (1/1B&2/2 B+& r , .24, , i , I , , I 1 O 210 391 (2/UNIT) .25/UNIT FOR \\ ' , ' \ ♦ \ I ( I ' (,}� VISITOR M M ANNA 325 LLC ' ' ' , '' A B J �O 6 0 N /r " v �� i VAM IT\ , „' ( / V ( \v I I / / BLOCK 2, LOT 1 BLOCK 1, LOT 2 BLOCK C, LOT 1 V �./ I I I I ! r ESM ■ / �/ \ �\ � � 1— I\ 1 ( I I , ZONING PD PD PD RA --ELLETT SURVEY, '��- 1 1 I I I, \ , \/' '� V r ' I'I • ( ' I \ \ PROPOSED USE C-2 MODIFIED MF-2 SF BLOCK r ' . \ . .....\. ... ♦ �.� . . . . . . . . . f ' I 1 ' ' L�: � 1� ILI LOT AREA 3 4.31 ACRES 3 5.76 ACRES 3 5.76 ACRES VAM .♦�../. 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II o TRASH ,�....I:::::::�.. .. .::::: ::.,.- -, ......V (/I �\I RECEPTICAL .�I FAMILY /MF `N oVA♦ N o I f 3STORY 3 STORY 30,00 SF 1, ti ± 42,000 SF 0 1 24 UNITS :♦.. .... 24 UNITS co I II rI I 1 1 1 11, 1 I I/ J 1 ocn Jr II /,I , , ( 11 ' 11► l I III I, I l 1 III I1f If I II ENTER 11„1 , II I I _ �♦ ' �, '(1I, \ \r ` S\ \\ I 1 1 ESM �>..../.... !....... „ , .... i ... � / I I ♦ / TAINMENT VENUE \I::..: m Lu PEDESTRIAN ::I' P- :;_ PROMENADE I 2 STORIES , I I I , I I i ! \ 1♦ t I `I \\ ' ' / ::: �' ......: - /::::::::::::::::::......' 1 I I I:::: 1 I ' 1 ' \I I 1 �:: I ,co , 11 \ \ ♦- � MULTI- '� /:...:, ,- - � : ....r ..... ..... I , � 1 , l , � WATER l FAM I LY ...... 1 �l ♦ ; ♦` yl \ \ `` ; /, , , I FEATURE 1 / 1 1 J 3 STORY I± 60,00o SF \ ♦- ; 1\ I\ \ \I `. : ± 36,000 SF ::: ' r j� • ..... . I.. I :I::. \ i i 1 0 1 11 Ir itrj 11 ♦� L_ \ r 24 UNITS l... _ - MULTI- ♦ / \\__ `� :♦ /' ' l ::r:tr ' ,\-' ' \ ....I FAMILY ..... I I f'::::::. ��; ::... 3 STORY �:... I OPEN 1 1 I I I \ 1 / 1 \ 1 \ r / I - l •. : : / / 1 . / ESMT I ♦ \ / / 1.................... 11 I I I I l \ V t / ; �:'::: ' F + 000 SF ..... : ' : :. ♦ I , I I ' 1 , I ' ; 1 - 30, II SPACE , ................ . .� /.... 24 UNITS ..:: I ::.....::.........1. A= 28 4 7 25 /::: !:: ....:::::I:.::I 1 I r 1 \ R - 7 7 5 \\ I I // ::::I I:::: I �/ :: f::.. :� 56'I \ _ 1 ` _ / 1j REST. :�\: I :'....... . , , , 1 I 1 I I , / ♦ ,J \ CH — N75 00' 37" W :::::: _ I I. �r _.. I I f ► I I .F...... �._.. ..� '- BLDG 1 •�� 1 � 1 I I 1 I I ` ... , ) , � ESMT I , l / I 1 1 I M �t:..F.�`l�.:::::......::: ♦:::: ...1. I 1 STORYft ......,....... r..................... �. �..--.. I \ 1 ♦♦ I \ l ::: / , ...: ��:ter::......::E :::::::: :� ± , : y. I I J I II I l I I I \ \�\ ♦ \ I \ / `:...r.. .............. .\....� c ...........,..... ..�.y —'� I 9 000 SF s \ J I ` I 1 I 1-/ I I I ") ) \ \ O ■ �' ./. ..... I / {• V I \� \\\ `� ``��'"♦ \, 1\l \\\ � 1 y \1,♦ \ ^.♦ .� I 1 -, \ '\ 1 1 I \ 1 1 i■I■ 1 I /♦``,�`.ENCLOSED I +1 .... MULTI- TRASH RECEPTISAL .:.:....:.:.�...:.:. �...:..:..: j 1 / FAMILY - ........... 3 STORY -FAMILY .MULTI , 3 STORY ± 30,000 SF ' ' fir.::"'24 UNITS ± 60,000 S,l. :::: ..... 32 UNITS ::: ::::2V' II1I ,► 1 1 11i APPROVED 11 SMT !, ' ' l Ir \f � ♦ v - & - �) CQ MAY 4, 2020 \ \ \ .. \ ■r CK - W 1 TBA ' ` / \ , ::: ::: / \ I 1 r I 1 I I \ 1 ♦ 2uFYCS BUFFER �''\-"' _/'1 ... ... \ _—j I S , I 1 r P&Z COMMISSION \\ \ i l ♦ 1 1 \ 1\ VAM JULS. / \ I , r /r O / 1 I I+ \ 1 1 ESMT n ... ... I N I, I I 4, 1 I 1 I CITY OF ANNA \ \ , •, \ 1 EET h \ r I , , 1 , -••----. R.O.W STREET CENTERLINE EDGE OF PAVEMENT PARKING STRIPE l:::r:::.::::1 FIRE LANE — — MATCH LINE DUMPSTER LOCATION DUMPSTER ENCLOSURE / A I ■ 0 I I I I cn MATCH LINE PAGE i- MATCH LINE PAGE 1� \m m m m ON m m m I r m m m m mm m m fl ..... ... ----FE ------�'- EXHIBIT B ::::::.. Jl :::: ►- I I I MATCH LINE PAGE 2 MATCH LINE PAGE 2 I ,\ - 1 m 1 1 , / \ \ ' ............... .... .. • ... ' . \ '� / LLI I , ♦ I I ,. -- & .1e r \ \✓.- -:: - 1 O F 2 PROJECT NO. CEN18001 FILE PATH J:\JOB\CEN18001\MASTER DEV\ ENTITLEMENTS\ZONING\CONCEPT PLAN DRAWN BY MRB REVIEWED BY DAK DATE APRIL 8, 2020 DATE REVISIONS APRIL 23, 2020 ADDRESSING 1ST ROUND OF CITY COMMENTS APRIL 29, 2020 ADDRESSING 2ND ROUND OF CITY COMMENTS 0 60' NORTH 120' 180, GRAPHIC SCALE 1'=60' OWNER MM 325, LLC 1800 VALLEY VIEW LANE SUITE 300 FARMERS BRANCH, TX 75234 CONTACT: TREVOR KOLLINGER TREVOR@CENTURIONAMERICAN.COM PLANNER / ENGINEER PELOTION II I LAN D SOLUTIONS 11000 FRISCO STREET SUITE 400 FRISCO, TEXAS 75034 469-213-1800 CONTACT: MARC PAQUETTE CONCEPT PLAN SHERLEY COMMERCIAL BLOCK A, LOTS 1 - 3; BLOCK B, LOTS 1-2; BLOCK C, LOT 1. EXISTING SF-E ZONING BEING A 34.228 ACRE TRACT OF LAND LOCATED IN THE W S RATTON SURVEY A-0752 & JOHN ELLETT SURVEY A-0296 SITUATED IN CITY OF ANNA, COLLIN COUNTY, TEXAS PAGE 1 OF 2 APRIL 8, 2020 69- IY LLI /) 75 Q Lp 0 N 0 N 6) N It h \ UTO .:::". \ ..... I I ISTORIES rr1` ::: �� ►�'" 1' ; ; / I 75 / \� - ! / i/ :::: ��/- :::::::::::1......... ..:::::: 1 I �`1.:::: � `� 11 1 ► l 1 1 I I I I SITE DATA TABLE , , , , , , , , , I 1, \ I I / ! I 1 \\I 1 I r 1 BLOCK 1, LOT 1 BLOCK 1, LOT 2 BLOCK 1, LOT 3 \I •• (00W( CR 370 \( ' PAPRKWAN) "^ ; MULTI i / /� // ' `) \ \\ \\ ' I 11 / \/r\ I , / I , I I - ) / l FAM I LY I WATER:: FEATURE 1 1 ( ' ' / /• / i \ \I 1 / 1 I I ; ZONING PD PD PD / J 3 STORY-, Qc A, 1 ± 60,000 SF 1: . I PROPOSED USE C-2 C-2 MODIFIED MF-2 L.J..� CT36 000 SFE CR 370 - ,�LOT AREA 3 3.22 ACRES 3 9.43 ACRES 3 12.17 ACRES ..24 UNITS /l MULTI- OF UNITS N/A N/A 248 ,• / /:::::�- . ' FAMILY \\ • Jam' 53 , 40 3 STORY I OPEN ' `\ I �I 'I , I I , REQUIRED PROPOSED* \ ,I \. VAM I / l r 1.... / ... ' ESMT 1 I I , sao t:. _ 1 I SPACE ' ' ' ' ' ' I I I # OF PARKING SPACES 496 & 2 I 1 + 30 000 SF \..... I / I , 1 1 , 1/1B 2B+& �ar� / 1 / ' I / / 1 7 _ 1 ! '• 210 391 (2/UNIT) .25/UNIT FOR / / /::.. 24 UNITS \, ! / ' ..... \:...........�:. / I I 1 ( � , / ♦ , � / •/ I \ \ I R :1,BLOCK 2, LOT 1 BLOCK1,LOT2 BLOCK C, LOT 1.. - ... . 0 I I ( I ZONING PD PD PD8.:PROPOSED USE C-2 MODIFIED MF-2 SF .... ......./ ,I / !tLOT AREA 3 4.31 ACRES 3 5.76 ACRES 3 5.76 ACRES.SM::... 1 I .,. .v T.I. !a �.�-r ~� #OF UNITS N/A 128 N/A -/ 1 I _ / ... ......I•.......: ......... err I ± _ ■'I ... ...... ... ::::...... : ' ' �`� ' ;.� ...:� :y._._., I :J,000 SF \ \ • 1 , / /. . . . . . . . . ./. .. - fi - • . ,t \ ( , I I I / I I I I I REQUIRED PROPOSED* REQUIRED PROPOSED WEST WHITE STREET . , I I • •\ • , , I OF PARKING SPACES J::::: , ENCLOSED :: :: ( vl' ' ' ' # 321 -� MULTI- TRASH� . . . r \ I I 1 I I 171 256 (1/1B&2/2B+& N/A N/A r ' L _, FAMILY RECEPTIC �'" 'I I I I I I I ■ I I/ - . \ I , , 11 1 (2/UNIT) .25/UNIT FORE777P7777t 11 I +I 1 VISITOR) 1 \� �� `1 \\ �� ■ I �I / 1 ! I \ AL \ J Ntay MAP )\( ` \ \ I ' I (\ - _ _ / 1 1 I I I I I I * OF THE TOTAL PROPOSED PARKING SPACES FOR MULTIFAMILY USE, 370 ARE DESGINATED AS GARAGES AND THE I \ ! ■ ' ' I \ ' - ` ` 3 STORY ' ' ASSOCIATED TANDEM PARKING SPACES. _ _ I / I r \ ^ 11 M.T.S. MULTI -FAMILY // ± 30,000 SF I' ............::::::::: \\ ,` I NORTH \I i 1 ::: :..... .. ........ / 1 I I I I 1 3 STORY / 24 UNITS I v r' v, ± 60,000 SF I < Lul (� SITE INFORMATION i ;� 32 UNITS _ ,. --___ : ; : , u-I / nM1 :24 ESPM------------ --- ' / .... `` 7-- I r iZONING: SF-E J _ -L--- --- - •- .._, - / ---- ��. -' \L m i I ' , (� 1 ► I ■ I / _ _•,mod•—--'�••_,•�\ ... ... \ �� I I 1 , I �� , 1\ 1 I I I 1 . PROPOSED ZONING: PD MF & PD C-2 , I , s._ _ _ - - - - SE CK & _.• - _ 1 • • • • • 2�, LS BUF _..-•• 1 r-- ,_y•y, /\ LAND USE: SINGLE FAMILY VAM _--- 10 _..�• 1 ,� \ ' o / 1 ' 1+ ' / 1 I I r '. I \ 1 1 ESMT/ '�, / \ N LOT AREA: ' ETA 106 •�• ::: ... •►�- Iv ,11 o,� �RE 1 - �:::: ::: - I Y ",' MATCH LINE PAGE 1 ; mmm THOROUGHFARE OVERLAY DISTRICT 1 ■ + 33 I ' �•--•' _ ----- \ _ •. ` \ ......1 111 ffomomm N iW41LE No I m m / .... ~- ' m �' ` /' MATCH LINE PAGE 2 LEGEND \I - .- ---------- 1 I Uj I l 1 I 1 1 I r 1 \ _-..2o•FY SEBUFFER - --\ ,\ .�•,` `• . 1 BA /_---- — \ PROPOSED _.._.._, R.O.W 11 10'�S•_- ,� /- / \� ` '♦ \ `�\- :::::::::' \ LOT LINE -' r • _ _ - 1 PROPERTY STREET 1 - - , - y = wPm ••�• \ :: > I I I 1 \ I I I I 1 \ BOUNDARY CENTERLINE �I •rT • _ / ' \'\ ESM 20,< ts� ' I I' I I % II_; \ } MULTI -FAMILY \ EXISTING EDGE OF �( I1 3 STORY ' _ / '�.�` eTeq I PARCEL PAVEMENT 1 l ,' Qi .•C/F ( LINE PARKING ■ I ESM /C ; ; ; STRIPE '�: 1t / ± 60,000 SF /,' ,' OFFICE ESMT,` `•yFR� �� l �/ r i I 1 I I I \ CITY LIMIT FIRE LANE :, I / I , r / ; ; ; ' \ ••`• 6 , ••�• ` ..... I `I , I I , I 1 I / , r ♦ / APPROX. �-- � I 1 � J � � \ I I r I l 1 BUILDING r• I , \ / 32 UNITS / POOL &AMENITY ... / -,\N. .. 2 ° '� �` , ,I I , I I I , I 1 I ; I ` I PAD MATCH I I '\ / 1 -' ' ::: ' \ ' '�� ` ::: I APPROX. \ 1 _ _ ........ CENTER , �\ es GARAGE 3 , I /, , I / I ► I I \ LINE 1 / / I / / \ �, ••� �pp. \ GARAGE DUMPSTER: LOCATION 1 O �. ...::::: _ :::: 20, •� VAM \ \ \ I I ^� I , I I / 1 \ .�.�.. LIMIT / \ ♦, I I , I 1 I I 1 WATER DUMPSTER ' 1 1� ............ ......... > .... ` 7 Fy I -- FEATURE I r L '' ` 0 ENCLOSUREb:`.�::_.........�.� � .... - � � ... r` '►,� � � �s �C`j- •.,, '•`� --_ - __ I I I , I I 1 i , \ / ` \e�FgC '�. '-• '--- 1 '---_' '/ I II I ' / ' / \ \ I , I 1 1, > / / i \ :: a :: : 4 :: ♦ ` _ - - E9MT _ ... i y., / ♦ � , `�•'♦ �_ c ••1.._,_- l 1\ I I I , 1 I I ,� I , ... _ / , �7 �'•�, i I , 1 I , I , 11 1// / _, J 1 . ✓.. .1 WATER ,I o - \ / , :::1— - / / FEATURE 2 25,000 SF E 1 �� ,_, : . ;,• 1 (�' ', - ::. MULTI- ' ::: /� , / - ( ••�,,` =-" I I ' I I 1 I I , / ,-- ,, I \, 1 FAMILY . : d 1• 1 3 STORY1 / 1 _ ±: O 1 ± 36,000 SF :. ,--� : ::...-------___- - MULTI _-�-••_.. 1 I I �. 1.It 24 UNITS I.is / \ I I I I I I I I I \_ ( 1 1 FAMILY _ 1 I :::.: .• ::::::::::::..... , :: _ -... I , I::: / -I ........................:...... w. 3 STORY -Y 1 _ , .... + 30,000 SF !_ I I I { / .....1 . . ..... 1 /Comm.I ... /\ � 1 1 � '^' ... � ... `... \ ......I I N 24 UNITS 1:�BLDG 1 I I m , L j It z /' '' I'.... OPEN 1 STORY ::: I ::: I I j I I I I O 1 , SPACE :::: , J ::.+8,100 SF dL r Comm. '// (I111 _> \ `1� �x�'-- Ir 1 I' ..:::::�.' r /::: ` \ '::: •Q L � �:% :I'. I 06 ,I , I , ! fillI Oi- BLDG 2 ..: / r ' :I I / 1 STORY .. , •I 1 (� 1 ::. � ... I 1 \ .. +7000 SF Q..................... MULTI- \ s 1 ::::::.... ::::. 1 _FAMILY--- °' _ E THR :::. ' \ 1 I 1 II 11 I\1 / I I DRIV U LANE ' / / / `/II. 1 : " ... ..:...: I I 1 M ,,,, - 1 / VpM , :1 3 STORY ti' :::::::::: . �................... ,.... ........... ANNA 325 LLC ' , \,.��.. ,\ ��- I :( ,1 esMTj 1 ,` _ • ::::: I + 30,000 SF ::::. � ::..:::::.. .. �^:::...... ABS A0752 W S ' 1 1 / G '1 rt 1 0'' ::1 -24 UNITS Comm. RATTON SURVEY OC -f w ' �� ..4 - 1 1 ° I ; > ; KC BLDG 3K I ; ' I ' LO- TRAQT2, /`'' 1,1 � ',, ' I:;�:: , ' ..::1 ..: ..:.\ � S 8 9 5 9 3 5 W r ; � I �� ''- MULTI- ::: ::. 1 STORY ::: 1500 63' 1` ''rn -'� :::: :1 +8 100 SF m 1 FAMILY _ - r -- I 0. I� / J `� 3 STORY ' .:: • :: � 1 '::. � .. _ . \ ► � � 80 AC. : 1 � 1 J 1 I::::: 1' :: ., / \ � :::: r\ i ::: \ 1 I �, I I I / I i I 1, , :. J \\ 35,000 -' ± 30,000 SF r, :'1 ✓ / 11 I \' I I ( L� \ `-♦ / / I I I \ I \- / , S F ,' v 24 UNITS 1 - - ' \ i \ ` , / , �• Q J ... -� ...... co \:/ �- ♦ I ( I 1 I I 1 ,/ , I l/^ i� 1 _� �` W1::. C I I I I I '1 - 1:::::' �\'r::::::::::::::::: : ::::::::::::::::: :/\ ::::: "::: j' ':::::::'?/:::::1 �' - \ .. \ ■—■ ,ry �T7�� T 7 T TT7T \ J-- ------------- -'t i S 8 g° 561 0" W 71 0. 6 9' / J v �— /'^—�— 1 rn c1C\1 /—/ _—_ /\ice — ♦`r,/ ♦,-�- � - ,,__, �,/ ANNA % \ =,_INVESTMENTS '\\ � � � .-_� _ _- - �It �'- LLC-' ABS A0752 W S , ' I RATTON SURVEY, , T RAC, 1 '� ZONED PD_ - PROJECT NO. CEN18001 FILE PATH J:\JOB\CEN18001\MASTER DEV\ ENTITLEMENTS\ZONING\CONCEPT PLAN DRAWN BY MRB REVIEWED BY DAK DATE APRIL 8, 2020 DATE REVISIONS APRIL 23, 2020 ADDRESSING 1ST ROUND OF CITY COMMENTS APRIL 29, 2020 ADDRESSING 2ND ROUND OF CITY COMMENTS 0 60' NORTH 120' 180, GRAPHIC SCALE 1'=60' r I I `\ ` (71 CROSS / I Jl r ACCESS - \ \ 1 I I 1 I 1 I , OWNER MM 325, LLC 1800 VALLEY VIEW LANE SUITE 300 FARMERS BRANCH, TX 75234 CONTACT: TREVOR KOLLINGER TREVOR@CENTURIONAMERICAN.COM t APPROVED 1 MAY 4, 2020 P&Z COMMISSION CITY OF ANNA I I I / I / l- �/ I I 1 1 PLANNER / ENGINEER PELOTION II I LAND SOLUTIONS 11000 FRISCO STREET SUITE 400 FRISCO, TEXAS 75034 469-213-1800 CONTACT: MARC PAQUETTE 11 APPROVED JUNE 912020 CITY COUNCIL CITY OF ANNA 1 1 EXHIBIT B \ S ` 20F2 1 CONCEPT PLAN SHERLEY COMMERCIAL BLOCK A, LOTS 1 - 3; BLOCK B, LOTS 1-2; BLOCK C, LOT 1. EXISTING SF-E ZONING BEING A 34.228 ACRE TRACT OF LAND LOCATED IN THE W S RATTON SURVEY A-0752 & JOHN ELLETT SURVEY A-0296 SITUATED IN CITY OF ANNA, COLLIN COUNTY, TEXAS PAGE 2OF2 APRIL 8, 2020 c 0) 7 N w (D n al U m a CITY OF ANNA, TEXAS (Property rezoned under this ordinance is generally located on the west side of U.S. Highway 75, 691 feet south of future Rosamond Parkway [W CR 370]) ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas ("City") has previously adopted ordinances, rules and regulations governing the zoning in the City; and WHEREAS, the City has received a requested rezoning on Property described in Exhibit A ("Property") attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, said zoning for Property generally located on the west side of U.S. Highway 75 and 691± feet south of Future Rosamond Parkway (W CR 370) is being rezoned from Single -Family Residential — Large Lot (SF-E) to Planned Development -General Business District (PD-C-2) on 34.3± acres; and WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of Anna ("City Council") have given the requisite notices by publication and otherwise and have held the public hearings as required by law and afforded a full and fair hearing to all property owners and generally to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council has concluded that the Zoning Ordinance of the City should be amended as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The above recitals are incorporated herein by reference for all purposes. Section 2. Zoning Change The Anna City Code of Ordinances are hereby amended by changing the zoning of the Property described in Exhibit A from Single -Family Residential — Large Lot (SF-E) to allow for the additional land use of multiple -family residence, as depicted in the Concept Plan on the attached Exhibit B. 1. Purpose. The purpose of this Planned Development District is to facilitate the development of high - quality development in the southwest quadrant of U.S. Highway 75 and Rosamond Parkway (CR 370) to accommodate those uses that are of city-wide and regional significance. Within this District are permitted certain retail, service, office uses, and multiple -family residential. 2. Definitions. Except as otherwise provided herein, the definitions in Appendix 3 of the City's Zoning Ordinance shall apply. For purposes of this Planned Development District, the following terms shall be defined as follows: a. "Masonry" means brick, tile, manmade or natural stone, cast stone, rock, marble, granite, curtain glass, glass block, exposed aggregate concrete panels, decorative concrete panels, split face concrete block or any construction consisting of concrete panels including, but not limited to "tilt -wall" construction, or any other materials similar to these materials approved by the Director of Development Services. b. Exterior insulation finish system ("EIFS") can only be used as accent and must be at least twelve feet (12') above the finished floor elevation. 3. Development Standards. The permitted uses and standards shall be in accordance with the C-2 zoning district and the Planning and Development Regulations unless specified or restricted herein. a. Uses: 1. Automobile and related uses shall be prohibited, except parking lot/parking garage, automobile. 2. Multiple -Family Residence in accordance with the MF-2 Multiple -Family Residential - Hight Density zoning district, unless otherwise specified herein shall be permitted by right. 3. Single-family dwelling, attached in accordance with the SF-TH Townhome District, unless otherwise specified herein is allowed by -right and shall be restricted to the area west of Standridge Boulevard identified on the approved Concept Plan (Exhibit B). b. Maximum Building Height: 5 stories (75 feet) including architectural projections. c. Maximum Lot Coverage of 80%. d. Setbacks: 2 1. The front yard setback shall be 45 feet where parking is allowed in front of the building; 20 feet along streets not identified as major thoroughfare. 2. Zero side yard or rear yard; 15 feet when adjacent to a residential zoning district. e. A twenty-six (26) foot fire lane shall be required adjacent to any building exceeding three stories. f. Two water features are required to be constructed as part of the multi -use development and shall be located in general conformance with the approved Concept Plan. Characteristics of the water features shall include: 1. Northern water feature: minimum 50,000 square feet. 2. Southern water feature: minimum 20,000 square feet. 3. The perimeter of the water features shall be amenitized with a minimum 5' sidewalks, hardscape and landscaping, and shall be used for detention purposes. 4. Developers shall be required to plant one tree (minimum of three-inch caliper and seven feet high at the time of planting) per 100 linear feet of water feature. A. 50% of these required trees shall be large, as defined in Sec. 9.06.0011 Approved plant materials. B. Trees may be grouped and/or clustered to facilitate site design. g. Multiple -Family Residence Location: 1. Shall be restricted to the area identified on the approved Concept Plan (Exhibit B) and may be developed entirely as either multiple -family residence or C-2 General Commercial. 2. Minimum residential setback from the centerline of the Right of Way of U.S. Highway 75: 650 feet. h. The permitted uses and standards shall be in accordance with the MF-2 zoning district and the Planning & Development regulations unless specified herein. 1. Maximum number of units: 450 2. Maximum Building Height: 4 stories (70 feet) including architectural projections. A twenty-six (26) foot fire lane shall be required adjacent to any building exceeding three stories. 3 3. Setbacks: A. Front Yard: 20 feet. B. Side Yard: 15 feet. C. Rear Yard: 15 feet D. Eaves, covered porches, and roof extensions without structural support may extend into the side yard setback or rear yard setback a distance not to exceed four feet. E. Balconies shall not extend into the required setbacks. 4. Maximum Lot Coverage: 50% 5. Minimum Dwelling: The minimum floor area for multi -family units with one bedroom shall be six hundred (600) square feet, exclusive of garages or porches. Any additional bedrooms shall be a minimum of one hundred and fifty (150) square feet. 6. Minimum open space: 20% of the multiple -family residence lot areas to include the following; A. Two water features as noted above; B. Community open space area: minimum dimension width of 100 feet with land area no less than 20,000 square feet; C. Pedestrian promenade: minimum dimension of 40 feet x 225 feet; D. Amenity center and pool; and E. Additional open space areas shall maintain a minimum dimension of 15 feet in width and 1,500 square feet in area to qualify towards overall minimum open space obligations. 7. Parking: 1 space / Studio & 1 bedroom units 2 spaces / 2 or more bedroom units 0.25 spaces for visitors / unit 8. Design Standards (Multiple -Family Residence): 4 A. Masonry (Brick/Rock veneer): Eighty (80) percent for the first three stories, and Seventy (70) percent for the fourth story. B. Screening Requirements: Border fencing of masonry construction of not less than eight feet in height shall be installed by the builder at the time of construction, along the property lines that abut the northern and southern district boundaries. Open Space that is shared between uses shall be exempt from any type of screening. This fence shall be maintained throughout the existence of the multi -family complex by the owner of the complex. C. Refuse Facilities: Trash compactors shall be permitted as an alternative to individual refuse facility locations. Trash compactor facilities shall be internal to buildings or screened from view on three sides by a masonry wall not less than seven feet nor more than eight feet in height. Solid metal gates of an equal height to the enclosure height must be provided on the truck collection side of the enclosure. Standards and Area Regulations (single-family dwelling, attached): Development must comply with the development standards for use, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, and lighting, set forth in the "SF-TH", Townhome District, except as otherwise provided herein. 1. Lot size: 2,000 per unit 2. Lot coverage: 70% 3. Rear yard: 10 feet 4. Side yard: 0 feet; 5 feet for end units 5. Building separation: 10 feet 6. Side yard, corner: 10 feet 7. Lot width: 20 feet 8. Lot depth: 80 feet 9. Parking: Two enclosed spaces per lot Plats and/or site plans submitted for the development of the PD shall conform to the data presented and approved on the Conceptual Development plan. Non -substantial 5 changes of detail on the final development plan(s) that differ from the Conceptual Development plan may be authorized by the City Council with the approval of the final development plan(s) and without public hearing. k. The Conceptual Development Plan will expire after two (2) years of approval. Phasing: Prior to the issuance of a building permit for any multiple -family residence greater than 275 units, a building permit for a minimum 5,000 square feet building for a commercial use must be issued. 2. The water features must be constructed prior to or simultaneously with the multiple -family residence. m. Signage: Signs in this district shall comply with the requirements of the city sign ordinance (as amended), except as listed below. Sign coordination plan: A sign coordination plan shall be required for the entire development (excluding single-family attached) at the time of the first site plan and approved by Council. Section 3. Official Zoning Map The official Zoning Map of the City shall be corrected to reflect the change in zoning described herein. Section 4. Savings, Repealing and Severability Clauses It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs, subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase, sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are inconsistent or in conflict with the terms and provisions contained in this ordinance are hereby repealed only to the extent of any such conflict. C.1 Section 5. Penalty Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each day a violation exists is considered a separate offense and will be punished separately. Section 6. Publication of the Caption and Effective Date This ordinance shall be effective upon its passage by the City Council, approval by the Mayor, and posting and/or publication, if required by law, of its caption. The City Secretary is hereby authorized and directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas this 9th day of June 2020. ATTESTED: Carrie L. Land, City Secretary APPROVED: Nate Pike, Mayor 7 CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE SHERLEY COMERCIAL, BLOCK A, LOTS 1-3; BLOCK B, LOTS 1-2; BLOCK C, LOT 1, CONCEPT PLAN WHEREAS, in order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Article 9.04 of the Anna City Code of Ordinances ("Zoning Ordinance"); and WHEREAS, MM Anna 325, LLC has submitted an application for approval of the Sherley Commercial, Block A, Lots 1-3; Block B, Lots 1-2; Block C, Lot 1, concept plan; 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 of Concept Plan. The City Council hereby approves the Sherley Commercial, Block A, Lots 1-3; Block B, Lots 1-2; Block C, Lot 1 concept plan attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 9t" day of June 2020. ATTEST: APPROVED: City Secretary, Carrie L. Land Mayor, Nate Pike EXHIBIT A-2: "IN CITY PROPERTY" 34.298 ACRES BEING THAT CERTAIN TRACT OF LAND SITUATED IN THE J. ELLET SURVEY, ABSTRACT NUMBER 296, AND THE W. RATTAN SURVEY, ABSTRACT NUMBER 752 COLLIN COUNTY, TEXAS, BEING ALL OF THAT TRACT OF LAND DESCRIBED BY DEED TO MM ANNA 325, LLC, (TRACT 2) RECORDED IN INSTRUMENT NUMBER 20190411000386110, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: CK�]UI►�1�1►[ [f,'1_V W 11:1��[�J 71_Y_ ►�.�/�.` K�] 7�I�1:Z�7�11Y:/_V IIIY:7� to] 0WN-10 11113 *001011.1aBIWA DEED TO SHEIKH ALAM RECORDED IN VOLUME 4335, PAGE 955 OF SAID PUBLIC RECORDS; THENCE S 03023'35"E, 704.05 FEET TO THE NORTHWEST CORNER OF SAID TRACT 2 BEING THE POINT OF BEGINNING; THENCE N 89035'23"E, 918.75 FEET; THENCE S 08027'21"W, 1458.34 FEET; THENCE S 89059'35"W, 150.63 FEET; THENCE S 11 ° 10'27"W, 152.96 FEET; THENCE S 89056'10"W, 832.52 FEET; THENCE N 35008'19"E, 286.03 FEET TO THE BEGINNING OF A CURVE TO THE LEFT; THENCE WITH SAID CURVE TO THE LEFT, AN ARC DISTANCE OF 277.01 FEET, THROUGH A CENTRAL ANGLE OF 38031'54", HAVING A RADIUS OF 411.91 FEET, THE LONG CHORD WHICH BEARS N15052'22"E, 271.82 FEET; THENCE N 03023'35"W, 285.02 FEET TO THE POINT OF BEGINNING AND CONTAINING 1,494,040 SQUARE FEET OR 34.298 ACRES OF LAND MORE OR LESS. "This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared." z a 0 00 Point of ' Commencing A=38°31 '54" R=41 1 .91 ' L=277.01 ' CH=N 15°52'22"E 271 .82' U TRACT 1 MM ANNA 325, LLC INST. * 20190411000386110 0.P.R.C.C.T. 0 ) N 0 200 400 O GRAPHIC SCALE IN FEET w Sheikh Alam Vol. 4335, Pg. 955 o O.P.R.C.C.T. M N o Point of 0 Beginning N89°35'23"E 918.75' NO3°23'35"W 285.02' a<v o� cb`a TRACT 2 iN `�' MM ANNA 325, LLC `N LO INST. 0 20190411000386110 0 O.P.R.C.C.T. V w 34.298 ACRES `P 1,494,040 SQUARE FEET o .- co 00 0 z S89°56'10"W 832.52' "This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared." P E LOTO N I�III LAND SOLUTIONS 11000 FRISCO ST. SUITE 400 FRISCO, TX 75033 469-213-1800 S89°59'35"W 150.63' S11 *10'27"W 152.96' EXHIBIT A-2 "IN CITY PROPERTY" 34.298 ACRES JOB #: CEN18001 (DRAWN BY: SRAMSEY ICHECKED BY: SRAMSEY I DATE: 11/26/2019 1 PAGE #: 1 OF 1 alf LLI U) 75 Q 0 Ln 0 N 0 N cy) 04 c\+ 75 W CR 370 0. FUTURE R SAMOND PARKWAY) PROJECT E CR 370 LOCATION T�6_ �jQYc 2 r :I I 1 I 1 I I # OF UNITS N/A 128 N/A + mp ( :::::I � 455 Lj_mdmm , , 1 I I REQUIRED PROPOSED* REQUIRED PROPOSED WEST WHITE STREET / 1 \ > •� • . . . . . . . . •� . . . . . . . . . . . . . . . . . . . . . . . ) 11 I I I , , ' # OF PARKING SPACES 321 itaMULTI- , . Il� -) , m 256 (1/1B&2/2B+& / \ ` .I , \ \. \ - . . . . . . . . . . . . `. . . . . . . . . � . . . . . . . . . . . . . . � I I , , 171 N/A N/A 1 l''' l ♦ I 2/UNIT) 25/UNIT FOR FAMILY I I 1 I VISITOR /•`/♦ ♦ 1 I I I , * OF THE TOTAL PROPOSED PARKING SPACES FOR MULTIFAMILY USE; 370 ARE DESGINATED AS GARAGES AND THE - 3 STORY', ::: MULTI- /:::::: — — ; ASSOCIATED TANDEM PARKING SPACES. 30,000 SF ::::� FAMILY ots i 1 I - - 24 UNITS , \` \, ::::I; 3 STORY / ) 0 SF I:..: I'-� 61 N ITY MAP 11 � � I r; 1 I ` N.T.S. , rr , NORTF� SITE INFORMATION ZONING: SF-E PROPOSED ZONING: PD MF & PD C-2 LAND USE: SINGLE FAMILY LOT AREA: / THOROUGHFARE OVERLAY DISTRICT LEGEND PROPOSED LOT LINE — PROPERTY BOUNDARY EXISTING PARCEL LINE APPROX. CITY LIMIT BUILDING PAD APPROX. GARAGE LIMIT WATER — — FEATURE ALAM SHEIKH M ABS A 296 JOHN I I 1 \\ � - �' / � ■ I 1 ♦ � 1 "�'' I I � I l � � / SITE DATA TABLE / ELLET SURVEY, I \\ , �_ I I , y I 1 I 1 ,/ / \ � I / �I r / I I 1 I I BLOCK 1, LOT1 BLOCK 1, LOT2 BLOCK 1, LOT3 ' TRACT 3 \ \ � I / � I / � II � 1 \ — � `) ♦♦ , l r i ` 1" � _/ ,\ i � � � � I ZONING PD PD PD ZONED SF-E I I 1 i ♦ \, ,°� " � � 1 I ( I 1 I PROPOSED USE C-2 C-2 MODIFIED MF-2 I i I Z QC� �� ,t \\ (\ \I r`r ♦ \\\ , �l I LOT AREA 33.22 ACRES 39.43 ACRES 312.17 ACRES `` I , `♦�,^ / I l J \I J `, 1I `1 \ \ \' 1'1 \ / 1 \\ I I I ( 1 r I # OF UNITS N/A N/A 248 ACCESSCRASS I fir, If ♦ / \ ♦ 1 1 1 / ( I / /�\\ .-/1\ / \\� / ) �fJ \.` 1\ ,/I // ,/ /' / ♦1 ,� / I I , If• II REQUIRED PROPOSED* N890 35' 23" E 91 80 75' - I I I # OF PARKING SPACES & 2 , 1 / I I I I' ass (1/1B&2/2 B+& r / .24, , i , I , , I 1 O 210 391 (2/UNIT) .25/UNIT FOR \l ' , ' \ ♦ \ I ( I ' (,}� VISITOR M M ANNA 325 LLC \ ' ' A B J �O 6 0 N /r " v �� i VAM IT\ , „' ( / V ( \v I I / / BLOCK 2, LOT 1 BLOCK 1, LOT 2 BLOCK C, LOT 1 V �./ I I I I ! r ESM ■ / �/ \ �\ � � 1— I\ 1 ( I I , ZONING PD PD PD RA --ELLETT SURVEY, '��- 1 1 I I I, \ , \// '� Vr ' I'I• ( ' I \ \ PROPOSED USE C-2 MODIFIED MF-2 SF BLOCK r ' . \ . .....\. ... ♦ �.� . . . . . . . . . f ' I 1 ' ' L�: � 1� ILI LOT AREA 3 4.31 ACRES 3 5.76 ACRES 3 5.76 ACRES VAM .♦�../. " A ... ( I I I ESMTI t\................ 1♦.................\..............\ ............ _ Q \ 1 1 1 I �\\ ,mil ■ � ♦ \ � C� 1 TRASH Sp ::: COMPACTOR � -' �' ,'' ,-'' ♦, , �' `-/V\� � 11 'L■'' l'1 ' ././:::::: /.::' '�.: \ I \`l \ ± : \COMMUNITY 24 UNITS ... \ HOTEL OPEN ... 5 STORIES , 1 , I wrSPACE, ::: '38,000 SF\ :I 1 i'y F 1 1 1\\ 1 I 1 1 ,. o J I tl :... I �I \.: ♦ '% :::I �..../........... I e a a & 1\ I . 6 6 4A .... 1( . 0 co s. MULTI- 1 :: .......:::.. ::... I I 1 \ \ y.... +. TEAM ( 1 I 1 1 ::. \ \ ♦::........................::. I 1 I I t it ♦. Y FAMILY ,: :::::I I- \ ::::: I 1 J 1, I I (, _ ko 3 STORY \ . .... ... ....... , / , , I I I 1 I , ) l , t♦ •. \ .... . m± 30,000 SF ::I :, .::cam.. r I . . cv 24 UNITS :.�::/ ::::....... ::: ` \ \ I ! .......... l ..... , MULTI- FAMILY I.. ... 0, • ♦................... ...:::::::.... .. ' SMT \I J i / '1 ' I Ir I i i 1 /, _ ` �\ `♦ ♦� N-- ' :: ,. ' CK \ ::: 1 3 STORY \\ ::�:� ...:::....... 1 ::::: ' , 1 ,`r7 ,' ; ► / ; J I `I,I ` \/) '1 1, \ �, 1 Q 1 • :1 A, I.l l ♦'::. 1\ y ...........':............. oft" / t � " 24 UNITS _ v %■ / \ 1l \ �� ♦ / I\ 11 1 I 11 f 1 I I I I I \ \ ✓ ::: y'l I 1 Yo±O 4 ; fill ::: 1 J REST. .... a, / /. 1 1 ti \ I \ .....: I 1 , MULTI- :::,�:: I..... I.... i BLDG 2 ' It I V\ \, `/ 1 STORYAMILY :1;:::: � � r 1 J ' � ♦ , , I I J >.:::::::..., _o,000 3 STORY/:::I........:::�y::::::......... :::::I J :::: I "♦__ I ` : " Q ± 30,000 SF � ,...,..._............':............................ a... ..... , ITS l::i,': ` �"�� `; :::::::::::::::: ::::::::::::I \�I t::: I 1 I \ \ .... 24 UN ,, �.�.- .................. ,... , �. /:.... �... I I .... I I l —� ......... � 1 I � I ENCLOSE ...... ' , m N / ... MULTI- ♦�'♦'r/l `I \(\ ' ,I I/ II 'I 1 \ 1 \( \ / , l / 11 �)� ' \ VA:M�ESM ' ....::d:.;./ . !/ /// ../.:.//./..:::/.':::.,.':::...::..:" :.:.' : /_ , , I:.. II o TRASH ,�....I:::::::�.. .. .::::: ::.,.- -, ......V (/I �\I RECEPTICAL .�I FAMILY /MF `N oVA♦ N o I f 3STORY 3 STORY 30,00 SF 1, ti ± 42,000 SF 0 1 24 UNITS :♦.. .... 24 UNITS co I II rI I 1 1 1 11, 1 I I/ J I ocn J II /,I , , ( 11 ' 11► I I III I, I I 1 III IIf If I II ENTER 111 , II I, I _ �♦ ' �, '(1I, \ \ S\ \\ I 1 1 ESM �>..../.... !....... „ , .... i ... � / I I ♦ / TAINMENT Lu ::I' PEDESTRIAN VENUE \I::..: m PROMENADE I 2 STORIES , I I I , I I i ! \ 1♦ t I `I \\ ' ' / ::: �' ......: - /::::::::::::::::::......' 1 I I I:::: 1 I ' 1 ' \I I 1 �:: I ,co , 11 \ \ ♦- � MULTI- '� /:...:, ,- - � : ....r ..... ..... I , � 1 , l , � WATER l FAM I LY ...... 1 ' �l ♦ ; ♦♦ yl \ \ `` ; /, , , I FEATURE 1 / 1 1 J 3 STORY I± 60,00o SF \ ♦- ; 1\ I\ \ \I ♦. : ± 36,000 SF ::: ' r j� • .. . I.. I :I::. \ i i 1 0 1 11 Ir itrj 11 ♦� L_ \ r 24 UNITS l... _ - MULTI- ♦ / \\__ `� :♦ /' ' l ::r:tr ' ,\-' ' \ ....I FAMILY ..... I I f'::::::. ��; ::... 3 STORY �:... I OPEN 1 1 I I I \ 1 / 1 \ 1 \ r / I - l •. : : / / 1 . / ESMT I ♦ \ / / 1.................... 11 I I I I l \ V t / ; �:'::: ' F + 000 SF ..... : ' : :. ♦ I , I I ' 1 , I ' ; 1 - 30, II SPACE , ................ . .� /.... 24 UNITS ..:: I ::.....::.........1. A= 28 4 7 25 /::: !:: ....:::::I:.::I 1 I r 1 \ R - 7 7 5 \\ I I // ::::I I:::: I �/ :: f::.. :� 56'I \ _ 1 ` _ / 1j REST. :�\: I :'....... . , , , 1 I 1 I I , / ♦ ,J \ CH — N75 00' 37" W :::::: _ I I. �r _.. I I f ► I I .F...... �._.. ..� '- BLDG 1 •�� I � 1 I I 1 I I ` ... , ) , � ESMT I , l / I 1 1 I M 1 STORYft ......,....... r..................... �. �..--.. I \ 1 ♦♦ I \ l ::: / , ...: ��:�/::......::E :::::::: :� ± , : y. I I J I II I l I I I \ \�\ ♦ \ I \ / `:...r.. .............. .\....� c ...........,..... ..�.y —'� I 9 000 SF s \ J I ` I 1 I 1_/ I I I ") ) \ \ O ■ �' ./. ..... I / {• V I \� \\\ `� ``��'"♦ \, 1\l \\\ 1 y 1,♦ ^.♦ .♦ I -, 1 1 \ ■I■ 1 I ♦,. ENCLOSED I +1 .... MULTI- TRASH RECEPTISAL .:.:...:.:�...:.: �...:..:..: j 1 / FAMILY - ........... 3 STORY -FAMILY .MULTI , 3 STORY ± 30,000 SF ".::24 UNITS ....... :1I / tf >/ 1 I1�I ,(; I I II , III / ,I , , , II I I , , tl' I1I ►1 1 11i II III i II III , I III ' I ;f /J / /', I / t!,\'I � `1�I/r ' ' l \f -••----. R.O.W STREET CENTERLINE EDGE OF PAVEMENT PARKING STRIPE l:::r:::.::::1 FIRE LANE — — MATCH LINE DUMPSTER LOCATION DUMPSTER ENCLOSURE \ 1 J ± 60,000 SF 1 ...,l.. , .... 1 1 ♦ , \ , 11 i .... , 32 UNITS ' - I ... ... I / \ / �' �\ ,24'. I , , III 1 APPROVED 11 // /� ` ESMT EMT ` �\-\ , ... ... ' /�' _jCQ ♦ v - & _ ) MAY 4, 2020 \ \ \ .. \ ■r CK - W 1 TgA I ` / \ , ::: ::: / \ I 1 r I 1 I I 1 ♦ 2uFYCS BUFFER �''\-"' _,�� ... ... _—j I S , I 1 r P&Z COMMISSION \\ \ i l ♦ 1 1 \ 1\ VAM JULS. / \ I , r /r O J 1 I I+ \ 1 ESMT n ... ... I N I, I I 4, 1 I r I CITY OF ANNA - - ♦ i:::: <1 1 I � ♦� MATCH LINE PAGE 1 1\ ; � r", ,'' +33pI—STR - ' __, .�r., ' •' r � �' rl �' MATCH LINE PAGE 1 I I ----O-------m-r----- --I--m -----' - - --- --- ----- --- -------t-- - -- - - - - -� �-----.-.►mI..■.;-..NO----FE------- EXHIBIT 1 MATCH LINE PAGE 2 f' -'` :::::: ::: m 1 , 1 1 1 , ■ - ......... ►- I I MATCH LINE PAGE 2 _ ................ .. ...... ' . \ '� / LLI I I I I 1 I I I ",) / I , ♦ I I ,. -- & - r \ \✓.- -:: - I J I l 1 I ,, , 1 1 , ' 1 O F 2 1 I r F`( SETS F -9 r : �..... 1 1 I I I I I 1 r 1 0 L.S• �t I / PROJECT NO. CEN18001 FILE PATH J:\JOB\CEN18001\MASTER DEV\ ENTITLEMENTS\ZONING\CONCEPT PLAN DRAWN BY MRB REVIEWED BY DAK DATE APRIL 8, 2020 DATE REVISIONS APRIL 23, 2020 ADDRESSING 1ST ROUND OF CITY COMMENTS APRIL 29, 2020 ADDRESSING 2ND ROUND OF CITY COMMENTS 0 60' NORTH 120' 180, GRAPHIC SCALE 1'=60' OWNER MM 325, LLC 1800 VALLEY VIEW LANE SUITE 300 FARMERS BRANCH, TX 75234 CONTACT: TREVOR KOLLINGER TREVOR@CENTURIONAMERICAN.COM PLANNER / ENGINEER P E LOTO N II I LAN D SOLUTIONS 11000 FRISCO STREET SUITE 400 FRISCO, TEXAS 75034 469-213-1800 CONTACT: MARC PAQUETTE CONCEPT PLAN SHERLEY COMMERCIAL BLOCK A, LOTS 1 - 3; BLOCK B, LOTS 1-2; BLOCK C, LOT 1. EXISTING SF-E ZONING BEING A 34.228 ACRE TRACT OF LAND LOCATED IN THE W S RATTON SURVEY A-0752 & JOHN ELLETT SURVEY A-0296 SITUATED IN CITY OF ANNA, COLLIN COUNTY, TEXAS PAGE 1 OF 2 APRIL 8, 2020 Ef3 of W /) 75 Q Lp 0 N 0 N cy) 04 It h \co 1 \, ; , ::' ::::. / :: % , ► VENUE % ::::::.::: ► r 2 STORIES 1`:�:,.: •' /' ♦ 1l \\ ! // , :... -� _\�_/ .........:: i ......... ' ±20 000 SF :' ' r ► ' ' I 1 75 / - ► 1 1 \> ' 1 1 1 ► l 1 1 1 I I I SITE DATA TABLE /.......................... • • • • • • • • • • • • • ► ♦ I • , / \ , I 1 BLOCK 1, LOT 1 BLOCK 1, LOT 2 BLOCK 1, LOT 3 \ � I I/ I I v I I I ' I I ` (FUTURE / U LT I / , / /' / / .../ , I , \ \ \ \ \ \ ' I 1, , 1 / \ I / / I , / ' \ 1 1 ROSA`.UR •� r / f ) ► WATER , \ ► '\ \I ( 1 1 , 1 , I ; ZONING PD PD PD PARKWAY) / / !. / FAM I LY - , , FEATURE 1 I ` ( I , 1 r 1 ) I , 1 PROPOSED USE C-2 C-2 MODIFIED MF-2 Ir �3 STORYJ , ' CK A, I:..�. ► J I 1 �::::: � �::.. �; :::� . I ± 60,000 SF , �,....I , 1 , 1 1 I I I \\ 1 OCAECT , ` ± 36 000 S F / , \ ' /� ► I LOT AREA 3 3.22 ACRES 3 9.43 ACRES 3 12.17 ACRES PROJ\ E CR 370 ' i / / , - I . .I ,� r . I ` .I. / I I ' / I \♦/ 24 UNITS �:.� - ....I MULTI- ► / ... I I #OF UNITS N/A N/A 248 FAMILY ► 1 ♦ / r.. ::I I Y I 1 1 \ 3 STORY I OPEN / ' `\ REQUIRED PROPOSED* \ ,I \. VAM I / ESMT , I 1 , & 2 �,. _ I""' I SPACE -\---"-•------------- -- I I I � #OF PARKING SPACES 496 &2 ' 30 000 SF ... • . \..... I / I , , 1 I 1 / 1 210 391 1/1B 2B+& / 1 t '• ,.. .1. . . . . . . )I I I I , (2/UNIT) .25/UNIT FOR 24 UNITS I:::: ► 'L < <.. :.... :2 : r :. \ . . . . . . . VISITOR \ ( ¢2¢' ', / I , ' / I, •/ I / / ► ► ►nDG BLOCK 2, LOT 1 BLOCK1,LOT2 BLOCK C, LOT 1�ZONING PD PD PD/'PROPOSED USE C-2 MODIFIED MF-2 SF .... ..... I ►/ 1 /t I 1 / I LOT AREA 34.31 ACRES 35.76 ACRES 35.76 ACRES!—�esMT . . .. . . . . . . . . . .- rr _ - J . I I I, , I 1 / , 1 I # OF UNITS N/A 128 N/A ''y'.........:::..�...:r\i..J:::::::............: : :� � � r I + , ► 9 000 /• ' ` �' �}� , - ■ , / \ I / I~ I REQUIRED PROPOSED* REQUIRED PROPOSED O 2 I ,321 P7=17WEST WHITE STREET CD , I I , /�• •l • , I I 1 OF PARKING SPACES L ., I,— ......�,.,_ ..... \ ENCLOSED ® ,.. \ I I I n1 N/A N/A C-� '� �"T 1 // ' \ "MULTI- �_ /�• ) 1 '' I ' \' ' # 256 FOR / ` \ +I , Y TRASH ► \ , I I l , 1 I I 2/UNIT) 25/U VISITOR) � l� I I 1 VISITOR I 1 , ! ■ ,I \ ::: / RECEPTICAL ) FAMILY - / - I I I I I ' , I I 1 I * OF THE TOTAL PROPOSED PARKING SPACES FOR MULTIFAMILY USE; 370 ARE DESGINATED AS GARAGES AND THE I, Ntay MAP \ 1 I I - - \ / - , I I I I I , ASSOCIATED TANDEM PARKING SPACES.3 STORY/ I I I ' (' \' • I I \ , -' ::. ± 30,000 SF — `�—c'> ► .........:: I ,—\J N.T.S. MULTI -FAMILY / / NORTH - 3 STORY 1 ::: 24 UNITS ` r - .v::: y ± 60,000 SF I .... I 1 SITE INFORMATION i I 32 UNITS , -_-- I :;: ::: I a I I v I 1 jEEMT 24 EVM% ``------____-- —71_\ \ I f� �� / .... ... 1 f / , I _ _----& .............. —_/ \, / .... ... i ZONING: SF-E I J _ _ - L - _ - - .._, - •-.._• / - t \. -r �� m i 1 ' , (� / ' ► I PROPOSED ZONING: PD MF & PD C-2 �' I ,'_ _ _ - - - - gETBACK - - - •-, 1' / ... ... 2�F�S.BUFFEF?.�••-•' r � I /--, ,' ;-y.y• , ^ /\ ::: ::: l ) I J i i 1 t I � 1 I I l 1 1 � ; LAND USE: SINGLE FAMILY VAM _ _ - - - 10 ..- `• / 1 ^� \ r p , , r �+ 1 ESMT 1 / ^ .... ... 1 I 1 ru` / / / I N , r I / \ LOT AREA: I j I 1� `�••-••`•• EE '\ 260' \ ,`'•`•��'• �� / ::: l i I ,' i r: I ' 1 '' � '/ +330' - �: � • . � ' �' ' Y I MATCH LINE PAGE 1 THOROUGHFARE OVERLAY DISTRICT N. I ■ ' / ••�' '`- I I C) ' I < / LEGEND h - _------- -- - .......::::::::.........u�:.... I ( MATCH LINE PAGE 2 , 1 ,, •��•• CK& ----i r� -- '�•.`, •'`'•�•' �� .................�� :_, _ I I I 1 I / , I / , , I (1 \ \ _ _..20 •FY SEBUFFER _,\\ .�,•` `• I I I I r I 11' i 1 1 1 \ PROPOSED _.._.._, R.O.W 1 Ay I_ ,- /- \� ` •♦ \ ��\- ........... LOT LINE �•r•__- 1 PROPERTY STREET , — — _ _ — — , — / y = wPm '•�•70, y ...... > I I I I \ I I I I 1 BOUNDARY CENTERLINE �I •rT • _ / / ' �'\\ ESMT '•` \ 20 s� ..... ' I I' I I % II I i —; \ } MULTI -FAMILY \ EDGE OF '( I J 3 STORY ' — - \ •�. s Te \ 1 / ' I / I I 1 I I 1 I 1 I EXISTING PAVEMENT 1 1 �� B�/ggC LINE PARKING ' / ; ; ; 1 STRIPE '�: ± 60 000 SF ,,' ,' OFFICE ESMT,` -,A •`'yFR� �� l ' �l r I \ CITY LIMIT FIRE LANE :, I , I / r / ; ; ; ' '•`• 6 , ••`• �, ::. , `I I I I , I 1 I , r ♦ / f 1 BUILDING 1r• I , \ / 32 UNITS , POOL & AMENITY / �,,� .. 2 °�� , I PAD MATCH I , 1\ / 1 — / ::. \ '•` ..... I APPROX. / , 1 I ........ 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CEN18001 FILE PATH J:\JOB\CEN18001\MASTER DEV\ ENTITLEMENTS\ZONING\CONCEPT PLAN DRAWN BY MRB REVIEWED BY DAK DATE APRIL 8, 2020 DATE REVISIONS APRIL 23, 2020 ADDRESSING 1ST ROUND OF CITY COMMENTS APRIL 29, 2020 ADDRESSING 2ND ROUND OF CITY COMMENTS 0 60' NORTH 120' 180, GRAPHIC SCALE 1'=60' r I I `\ ` (71 CROSS ' / I ACCESS ' t I \\ 1 \J' - �\ IN. 1 I r 1 I 1 I I OWNER MM 325, LLC 1800 VALLEY VIEW LANE SUITE 300 FARMERS BRANCH, TX 75234 CONTACT: TREVOR KOLLINGER TREVOR@CENTURIONAMERICAN.COM APPROVED I I I MAY 4, 2020 P&Z COMMISSION CITY OF ANNA I I 1 1 ( PLANNER / ENGINEER PELOTION II I LAND SOLUTIONS 11000 FRISCO STREET SUITE 400 FRISCO, TEXAS 75034 469-213-1800 CONTACT: MARC PAQUETTE 11 APPROVED J U N E % 2020 CITY COUNCIL CITY OF ANNA \ 1 1 EXHIBIT 1 \ S 20F2 \ CONCEPT PLAN SHERLEY COMMERCIAL BLOCK A, LOTS 1 - 3; BLOCK B, LOTS 1-2; BLOCK C, LOT 1. EXISTING SF-E ZONING BEING A 34.228 ACRE TRACT OF LAND LOCATED IN THE W S RATTON SURVEY A-0752 & JOHN ELLETT SURVEY A-0296 SITUATED IN CITY OF ANNA, COLLIN COUNTY, TEXAS PAGE 2OF2 APRIL 8, 2020 0) N W (D n al U m a