HomeMy WebLinkAboutCDCpkt2017-04-06AGENDA
ANNA COMMUNITY DEVELOPMENT CORPORATION
Thursday, April 6, 2017 @ 5:00 PM
COMMUNITY Anna City Hall, Council Chambers
DEVELOPMENT
CORPORATION 111 N. Powell Parkway, Anna, Texas 75409
The Anna Community Development Corporation will conduct a meeting at 5:00 PM on
April 6, 2017, at the Anna City Hall Administration Building, 111 N. Powell Parkway, to
consider the following items:
Call to Order, Roll Call and Establishment of Quorum
2. Invocation and Pledge
3. Consider/Discuss/Action regarding approving a resolution authorizing the submittal
and expenditure of funds for a zoning change application for the Anna Business
Park.
4. Consider/Discuss/Action approving a resolution authorizing submital and
expenditure of funds for a plat application for the preliminary plat for the Anna
Business Park.
5. Consider/Discuss/Action approving a resolution authorizing the creation of CCR's
(Covenants, Conditions, and Restrictions) for the Anna Business Park.
6. CLOSED SESSION (EXECEPTIONS)
a. Deliberate regarding the purchase, exchange, lease or value of real
property. (Tex. Gov't Code §551.072)
b. Consult with legal counsel 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);
C. Discuss or deliberate Economic Development Negotiations:
(1) To discuss or deliberate regarding commercial or financial
information that the Board of Directors has received from a business
prospect that the Board of Directors seeks to have locate, stay, or
expand in or near the territory of the City of Anna and with which the
Board 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); discuss business park property.
7. Consider/Discuss/Action approving a resolution authorizing a current fiscal year
2016-2017) budget amendment.
8. Consider/Discuss/Action approving a resolution authorizing the expenditure of
funds for a commercial for sale/advertising sign for the Anna Business Park
property.
9. Consider/Discuss/Action regarding approving minutes from March 2, 2017
10. Adjourn.
This is to certify that I, Jessica Perkins, Chief Administrative Officer, 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 April 3, 2017.
Jessica Perkins, Chief Administrative Officer
IMPORTANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in
this agenda. The Corporation reserves the right to retire into closed session concerning any of the
items listed on this agenda, whenever it is considered necessary and legally justified under the Open
Meetings Act. Disabled persons who want to attend this meeting and 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.
ADDITIONAL NOTICE REGARDING MEETING TIME: In the event that the Anna Community
Development Corporation meets at the same time and place scheduled for this meeting, then this
meeting will be delayed and will begin immediately after the conclusion of the meeting of the Anna
Community Development Corporation.
COMMUNITY
DEVELOPMENT
CORPORATION
AGENDA ITEM:
Item No. 3.
CDC Agenda
Staff Report
Meeting Date: 4/6/2017
Staff Contact. Jessica
Perkins
Consider/Discuss/Action regarding approving a resolution authorizing the submittal
and expenditure of funds for a zoning change application for the Anna Business Park.
SUMMARY:
In order to move forward with developing the Business Park Property, it will be
necessary to change the zoning.
Staff completed a zoning change request application and submited it to the City's
Planning Department for review by the Planning and Zoning Board. P&Z reviewed
and approved our application at their April 3rd meeting.
Staff, however, failed to include in last month's resolution a motion to approve the fee
associated with the zoning change application. The fee is $3,050. A zoning change to
a PD is $500 plus $30 per acre.
STAFF RECOMMENDATION:
Staff recommends you approve.
ATTACHMENTS:
Description Upload Date Type
Res. Zoning Application 3/30/2017 Resolution
ANNA COMMUNITY DEVELOPMENT CORPORATION
RESOLUTION NO.
A RESOLUTION OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION
APPROVING AND AUTHORIZING THE SUBMITTAL AND THE EXPENDITURE OF
FUNDS FOR A ZONING CHANGE APPLICATION FOR THE BUSINESS PARK
PROPERTY
WHEREAS, the Anna Community Development Corporation (the "CDC") wishes to
expend funds for a zoning change application for the business park generally located at
the northeast corner of highway 5 and the Collin County Outer Loop.
NOW THEREFORE, BE IT RESOLVED BY THE ANNA COMMUNITY
DEVELOPMENT CORPORATION, THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Funding
The CDC hereby authorizes the Chief Administrative Officer to charge the CDC's
permits and dues line item in the amount not to exceed 3050 for the application fee for
the business park property.
PASSED AND APPROVED by the Anna Community Development Corporation this
day of , 2017.
APPROVED:
Nathan Pike
CDC President
ATTEST:
Lauretta Blacketer
CDC Secretary
CDC OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1
COMMUNITY
DEVELOPMENT
CORPORATION
AGENDA ITEM:
Item No. 4.
CDC Agenda
Staff Report
Meeting Date: 4/6/2017
Staff Contact. Jessica
Perkins
Consider/Discuss/Action approving a resolution authorizing submital and expenditure
of funds for a plat application for the preliminary plat for the Anna Business Park.
SUMMARY:
A preliminary plat is a map that indicates the basic layout/design of a property
including where public infrastructure will go. The preliminary plat is a necessary
component of our zoning change request application.
Staff completed a preliminary plat application and submited it to the City's Planning
Department for review by the Planning and Zoning Board. P&Z reviewed and
approved our application at their April 3rd meeting.
Staff, however, failed to include in last month's resolution a motion to approve the fee
associated with the zoning change application. The fee is $340. A plat application is
$325 plus $5 per lot.
STAFF RECOMMENDATION:
Staff recommends you approve.
ATTACHMENTS:
Description Upload Date Type
Pre -Plat Anna Bus Park 3/1/2017 Backup Material
Res. Plat 3/30/2017 Resolution
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RC INGRAHAM
SURVEY
ABSTRACT 464
................................................... :....................................... ............................ ABST. 464
' ARST_ •ni3
D.E.W. BABB
SURVEY
ABSTRACT 033
PRELIMINARY
PLAT L0CATIO)
421
/ GRANDISON STARK
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/ SURVEY
ABSTRACT 798
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40 PGE, LTD.
VOL. 5387, PG. 468
D.R.C.C.T.
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POINT OF
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CITY OF ANNA
INST. NO. 20071004001376120
0.P.R.C.C.T.
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1/2" I.R.F.
/
L6
/ ILAAJ F'UVVtK ANU LIUM I.UWANT
/VOL. 1359, PG. 335
D.R.C.C.T.
/
COLLIN COUNTY TOLL ROAD AUTHORITY
INST. NO. 20090317000307070
O.P.R.C.C.T.
s9"1'36"E
1743.74
BLOCK A, LOT 1
74.887 ACRES
(3,262,078 S.F.)
ANNA BUSINESS PARK
ZONED -RESIDENTIAL
EASEMENT &ROW
TXU ELECTRIC COMPANY
VOL. 4951, PG. 833
D.R.C.C.T.-
N89'04'41 "Wn��G
2530.22
COLLIN COUNTY OUTER LOOP
(RIGHT-OF-WAY UNRECORDED)
TRACT 1, PARCEL 2
COLLIN COUNTY TOLL ROAD AUTHORITY
INST. NO. 20110222000194360
O.P.R.C.C.T.
........... - ......... . . .:: :: ... .... ......
LEGEND
---- - -------- S
; ... :...: :::>:;:::>: ....:
o " I. R. F."
IRON ROD FOUND
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o "C.I.R.F"
CAPPED IRON ROD FOUND
O "I.R.C.N.F."
IRON ROD CALLED BUT
...... ;'
;:
NOT FOUND
.
... ' .. .. ........
O.P.R.C.C.T.
ORIGINAL PROPERTY RECORDS
LOCATION MAP
OF COLLIN COUNTY, TEXAS
NOT TO SCALE
INST. NO.
INSTRUMENT NUMBER
ANNA TOWN CENTER NO 8/CTS, LTD.
INST. NO. 20141203001315490
O.P.R.C.C.T.
G1 L14
L17
80'
F.
...............
ARST. 798
ARST. 033 '
Curve Table
Curve #
Length
Radius
Delta
Chord Bearing
Chord Distance
C1
289.42
60
276°22'46"
N00° 00' 00"W
80.00
]5'
30' SANITARY SEWER EASEMENT
INST. NO. 20150422000453060
O.P.R.C.C.T.
S00'48'25"W
//"-1346.23
L8
II
L9 I
BLOCK A, LOT 2
7.06 ACRES
(307,534 S.F.)
_12
.15 I V
I.R.C.N.F.
S55'24'07"E
//'-316.51
HARLAN PROPERTIES, INC.
75.673 ACRE REMAINDER OF A
CALLED 161.2440 ACRES
INST. NO. 20121228001650300
O.P.R.C.C.T.
\ 5/8"
L11 L10 \ I.R.C.N.F.
_ BLOCK A, LOT 3 L13 1 S00'55'19"W
18 _ 3.624 ACRES _ _ I _ 224.46 -
(157,861 S.F.)
647.04' I
TRACT 2, PARCEL 2
COLLIN COUNTY TOLL ROAD AUTHORITY
INST. NO. 20110222000194360
O.P.R.C.C.T.
1. BEARINGS AND DISTANCES CITED IN THIS PLAT DESCRIPTION
ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM,
NAD-83, TEXAS NORTH CENTRAL ZONE 4202.
2. THE PROPERTY SHOWN HEREON IS LOCATED IN ZONE "X"
WHICH IS NOT A FLOOD HAZARD ARE ACCORDING TO MAP NO.
48085CO160J, DATED JUNE 02, 2009 OF THE NATIONAL INSURANCE
RATE MAP, PREPARED BY THE FEDERAL EMERGENCY
MANAGEMENT AGENCY. THIS STATEMENT SHALL NOT CREATE
LIABILITY ON THE PART OF THE SURVEYOR.
3. NO PUBLIC IMPROVEMENTS ARE PROPOSED WITH THIS
PRELIMINARY PLAT. ANY FUTURE DEVELOPMENT WILL BE
REQUIRED TO DESIGN THEIR SITE WITH NO ADVERSE IMPACT TO
UPSTREAM OR DOWNSTREAM PROPERTIES.
5/8"
I.R.C.N.F.
TRACT 2, PARCEL 1
COLLIN COUNTY TOLL ROAD AUTHORITY
INST. NO. 20110222000194360
O.P.R.C.C.T.
Line Table
Line #
Length
Direction
L1
61.78
S11 ° 33' 57"E
L2
207.51
N00° 44' 35"W
L3
67.89
S770 31' 27"E
L4
67.89
S770 31' 27"E
L5
224.62
S89" 25' 19"E
L6
156.81
N 180 43' 54"E
L7
295.59
N890 24' 49"W
L8
398.23
S890 59' 55"E
L9
582.20
S00° 48' 25"W
L10
278.49
S550 24' 07"E
L11
619.31
N890 25' 35"W
L12
734.08
N00° 00' 00"E
L13
38.02
S550 24' 07"E
L14
145.28
N900 00' 00"E
L15
988.82
S00° 00' 00"E
L16
907.54
N00° 00' 00"E
L17
65.28
N900 00' 00"W
L18
241.81
S00° 00' 00"E
LEGAL DESCRIPTION:
Being a 85.571 acre part of a called 161.2440 acre Tract 124 of the D.E.W. Babb Survey,
Abstract Number 33, situated in Collin County, Texas, said 161.2440 acre Tract 124 being a
remainder of a called 361.545 acre tract of land described by deed to Harlan Properties, Inc.,
recorded in Instrument Number 20121228001650300 of the Official Property Records of Collin
County, Texas (O.P.R.C.C.T.), and being more particularly described as follows;
BEGINNING at a 1/2 inch iron rod found for the northwest corner of said 161.2440 acre tract
lying on the northerly edge of County Road 421, a 30-foot wide undedicated gravel road, also
lying on the easterly line of a tract of land describe by deed to Dallas Area Rapid Transit,
recorded in Document Number 2001-0078323 of the O.P.R.C.C.T., the southwest corner of a tract
of land described by deed to 40 PGE, LTD., recorded in Volume 5387, Page 468 of the Deed
Records of Collin County, Texas (D.R.C.C.T.), also lying on the common line of said D.E.W. Babb
Survey and the Grandison Stark Survey, Abstract Number 798;
THENCE S 89'11'36" E, along the common line of said Babb and Stark Survey, also along the
common line of said 161.2440 acre tract and said 40 PGE tract, a distance of 1,743.74 feet to
a called but not found 5/8" iron rod with a cap stamped "R.P.L.S. 5430", said iron rod lying in
the center of a 30-foot wide Sanitary Sewer Easement, recorded in Instrument Number
20150422000453060 of the O.P.R.C.C.T.;
THENCE, through the interior of said 161.2440 acre tract along the center of said 30-foot wide
Sanitary Sewer Easement, the following courses and distances;
S 11*33'57" E, a distance of 61.78 feet to a called but not found 5/8" iron rod with a
cap stamped "R.P.L.S. 5430" for corner;
S 00'48'25" W, a distance of 1,346.23 feet to a called but not found 5/8" iron rod with
a cap stamped "R.P.L.S. 5430" for corner;
S 55'24'07" E, a distance of 316.51 feet to a called but not found 5/8" iron rod with
a cap stamped "R.P.L.S. 5430" for corner;
S 00*55'19" W, a distance of 224.46 feet to a called but not found 5/8" iron rod with
a cap stamped "R.P.L.S. 5430" for corner, lying on the south property line of aid 161.2440
acre tract and on the north line of Collin County Toll Road Authority tract recorded in
Instrument Number 20110222000194360 of the O.P.R.C.C.T.;
THENCE N 89'04'41" W, along the north line of said Collin County Toll Road tract, a distance of
2,530.22 feet to a 1/2" iron rod found with a cap stamped "R.P.L.S. 3700" for the southwest
corner of said 161.2440 acre tract, said iron rod lying on the east line of Collin County Toll Road
Authority tract recorded in Instrument Number 20090317000307070 of the O.P.R.C.C.T.;
THENCE N 00'44'35" W, along the east line of said Toll Road tract, a distance of 207.51 feet to
a 5/8" iron rod found with a cap stamped "R.P.L.S. 5430", said iron rod lying on the easterly
line of the aforementioned Dallas Area Rapid Transit tract;
THENCE N 18'44'49" W, along the easterly line of said Dallas Area Rapid Transit tract, a distance
of 38.85 feet to a 5/8" iron rod found with a cap stamped "R.P.L.S. 5430", said iron rod being
the southwest corner of a tract of land described by deed to the City of Anna recorded in
Instrument Number 20071004001376120 of the O.P.R.C.C.T.;
THENCE S 77'31'27" E, along the south line of said City of Anna tract, a distance of 67.89 feet
to a 1/2" iron rod found for corner with a cap stamped "R.P.L.S. 3700";
THENCE S 89'25'19" E, continuing along the south line of said City of Anna tract, a distance of
224.62 feet to a 1/2" iron rod found for corner with a cap stamped "R.P.L.S. 3700", said iron
rod being the southeast corner of said City of Anna tract;
THENCE N 18'43'54" E, along the east line of said City of Anna tract, a distance of 156.81 feet
to a 1/2" iron rod found, said iron rod being the northeast corner of said City of Anna tract;
THENCE N 89'24'49" W, along the north line of said City of Anna tract, a distance of 295.59
feet to a 5/8" iron rod found with a cap stamped "R.P.L.S. 5430", said iron rod being the
northwest corner of said City of Anna tract, said iron rod also lying on the west property line of
said 161.2440 acre tract and on the easterly line of said Dallas Area Rapid Transit tract;
THENCE N 18'44'49" E, along the easterly line of said Dallas Area Rapid Transit tract, a distance
of 1,495.06 feet to THE POINT OF BEGINNING, containing 85.571 acres (3,727,460 square feet)
of land;
PRELIMINARY PLAT
of
ANNA BUSINESS PARK
BLOCK A, LOTS 19 2 & 3
85.571 ACRE REMAINDER OF A CALLED 161.2440 ACRES
IN THE D.E.W. BABB SURVEY ABSTRACT 33
CITY OF ANNA, COLLIN COUNTY, TEXAS
OWNER: PRELI MI NARY SURVEYOR:
CITY OF ANNA, TEXAS THIS DOCUMENT SHALL NOT BE BIRKHOFF, HENDRICKS & CARTER, L.L.P.
111 N. POWELL PARKWAY RECORDED FOR ANY PURPOSE AND SHALL TxBPLS Firm No. 10031800
ANNA, TX 75409 NOT BE USED OR VIEWED OR RELIED 11910 Greenville Ave., Suite 600
(972)924-3325 UPON AS A FINAL SURVEY DOCUMENT. Dallas, Texas 75243
Tel. No. (214) 361-7900
0 200 400 600 GARY C. HENDRICKS, R.P.L.S. Fax No. (214) 461 8390
NO. 5073
Date: February 2017 DATE: February 2017 SHEET 1 OF 1
HORIZONTAL SCALE IN FEET
REVISED: 2/28/17 - AVercruysse H:\Projects\Anna\4013-104\Easement Plats\Plats\4013-104 Anna Business Park Plat.dwg PLOT SCALE: 1:2 PLOT STYLE: 11x17.ctb PLOTTED BY: AVercruysse ON 2/28/2017
ANNA COMMUNITY DEVELOPMENT CORPORATION
RESOLUTION NO.
A RESOLUTION OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION
APPROVING AND AUTHORIZING THE SUBMITTAL AND THE EXPENDITURE OF
FUNDS FOR A PLAT APPLICATION FOR THE ANNA BUSINESS PARK PROPERTY
WHEREAS, the Anna Community Development Corporation (the "CDC") wishes to
expend funds for a plat application for the Anna business park generally located at the
northeast corner of highway 5 and the Collin County Outer Loop.
NOW THEREFORE, BE IT RESOLVED BY THE ANNA COMMUNITY
DEVELOPMENT CORPORATION, THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Funding
The CDC hereby authorizes the Chief Administrative Officer to charge the CDC's
permits and dues line item in the amount not to exceed $340 for the application fee for
the business park property.
PASSED AND APPROVED by the Anna Community Development Corporation this
day of , 2017.
APPROVED:
Nathan Pike
CDC President
ATTEST:
Lauretta Blacketer
CDC Secretary
CDC OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1
COMMUNITY
DEVELOPMENT
CORPORATION
AGENDA ITEM:
Item No. 5.
CDC Agenda
Staff Report
Meeting Date: 4/6/2017
Staff Contact. Jessica
Perkins
Consider/Discuss/Action approving a resolution authorizing the creation of CCR's
(Covenants, Conditions, and Restrictions) for the Anna Business Park.
SUMMARY:
In order to move forward with developing the Business Park Property, it will be
necessary to adopt CCR's - Covenants, Conditions, and Restrictions. The CCR's will
identify standards for the business park (similar to an HOA for a residential
neighborhood). The CCR's are intended to establish a sense of quality so that each
subsequent buyer/builder/developer can be aware of the look and feel for the
business park.
Staff has been working with City Centric Planning, Ms. Phyllis Jarrell, and will present
and review the final draft of the proposed CCR's.
STAFF RECOMMENDATION:
Staff recommends you approve.
ATTACHMENTS:
Description Upload Date Type
Res. CCR's 4/6/2017 Resolution
Final CCR's clean Exh. A 4/6/2017 Backup Material
ANNA COMMUNITY DEVELOPMENT CORPORATION
RESOLUTION NO.
A RESOLUTION OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION
AUTHORIZING THE ADOPTION OF COVENANTS, CONDITIONS, AND
RESTRICTIONS (CCR's) FOR THE ANNA BUSINESS PARK PROPERTY
WHEREAS, the Anna Community Development Corporation (the "CDC") has
purchased property; and
WHEREAS, the CDC has determined that adopting CCR's is in the best interests
of the CDC and will protect the value and desirability of the business park property.
NOW THEREFORE, BE IT RESOLVED BY THE ANNA COMMUNITY
DEVELOPMENT CORPORATION, THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Authority to Execute Financing Agreement
The Board of Directors of the Anna Community Development Corporation authorizes
the Chief Administrative Officer to execute, on behalf of the CDC, and subject to
approval of the form and content by the CDC's legal counsel, the attached Exhibit A,
the CCR's, along with any associated documents (collectively, the "CCR's") necessary
to implement and finalize the property restrictions stated in Exhibit A.
PASSED AND APPROVED by the Anna Community Development Corporation this
day of , 2017.
APPROVED:
Nathan Pike
CDC President
ATTEST:
Lauretta Blacketer
CDC Secretary
CDC OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1
Exhibit A
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
ANNA BUSINESS PARK
This Declaration of Covenants, Conditions and Restrictions (this "Declaration") for the Anna Business
Park (the "Property") is made on the date hereinafter set forth by the Anna Economic Development
Corporation, a Texas Type A development corporation, and the Anna Community Development
Corporation, a Texas Type B development corporation (collectively "Declarant"), for the purposes of
insuring proper use and appropriate development and improvements of the Property.
RECITALS
WHEREAS, certain capitalized words and phrases are defined in Article 2 of this Declaration; and
WHEREAS, Declarant is the owner of all of that certain real property located in Collin County, Texas (the
"Property") and described in Exhibit "A" attached hereto and made a part hereof for all purposes; and
WHEREAS, the Declarant seeks to sell the Property or parts thereof for commercial, office, industrial,
and manufacturing uses, subject to the covenants, conditions and restrictions hereinafter set forth,
which shall run with the Property and shall be binding on Declarant and its successors having or
acquiring any right, title or interest in the Property or any part thereof, the grantees of the Declarant
and their lessees and successors and shall inure to the benefit of Declarant and each owner thereof; and
WHEREAS, Declarant deems it to be in the best interest to provide for the preservation of property
values in the Anna Business Park and the maintenance and improvement of certain landscaped areas,
screening devices and drainage facilities, signage, and common areas, and to enforce these restrictions,
to collect and disburse the assessments and charges hereinafter created and to perform all other
functions as set forth in this Declaration; and
WHEREAS, Declarant has theretofore caused the Anna Business Park Association (the "Association") to
be incorporated as a non-profit corporation according to the laws of the State of Texas for the purposes
of exercising the functions set forth in this Declaration; and
NOW, THEREFORE, Declarant hereby declares that the Property is and shall be held, transferred, sold,
conveyed and occupied subject to the covenants, conditions and restrictions, charges and liens
hereinafter set forth.
ARTICLE 1.
GENERAL PURPOSES OF COVENANTS, CONDITIONS AND RESTRICTIONS
A. The Property is subject to the covenants, conditions, restrictions and responsibilities hereinafter set
forth to insure proper use, appropriate development and improvements, and provide future
maintenance of all Areas to be Maintained and other common areas so as to:
1. Establish an environment which will meet both the present and projected needs of the
occupants of the premises and the inhabitants of the surrounding community;
2. Insure proper uses and development of the Property and of individual building sites;
1
Exhibit A
3. Promote land development and usage that will not create excessive noise, glare, smoke, fumes
or unsightly accumulation of equipment, goods or materials;
4. Insure the proper use of the land for the long-term benefit of the owners and tenants of the
Property and the surrounding community;
5. Promote harmonious development of the various sites located within and adjacent to the
Property; and
6. Insure the long-term maintenance of common areas, landscaping and drainage facilities so as to
prevent deterioration and maintain the functionality of such areas.
ARTICLE 2
DEFINITIONS
A. Areas to be Maintained — shall mean and refer to the medians in public street rights -of -way,
including entry signs for the Property and any flags and flagpoles and associated lighting; drainage
retention or detention ponds and other facilities and features specifically designed to capture and
direct storm water runoff from multiple tracts; and any other property, sign or feature designed to
contribute to the collective appearance and proper functioning of the Anna Business Park.
B. Association — shall mean and refer to the Anna Business Park Property Owners Association, its
successors and assigns.
C. Board — the elected Board of Directors for the Association, which shall always include a minimum of
two representatives of the Declarant.
D. Declarant — shall mean and refer to the Anna Economic Development Corporation and the Anna
Community Development Corporation, and their respective successors and assigns; provided,
however, that should the Anna Economic Development Corporation or the Anna Community
Development Corporation be dissolved or otherwise terminate then "Declarant" shall mean any
existing entity described in this paragraph and also include a municipal development district if one is
established by or in the City of Anna.
E. Design Review Committee — shall mean and refer to the committee described in Article 10 of this
Declaration.
F. Lot — shall mean and refer to any plot or tract of land shown upon any recorded plat of the Property.
G. Member— shall mean and refer to every person or entity who holds membership in the Association.
H. Owner — shall mean and refer to the owners of record, whether one or more persons or entities, of
title to any Lot which is a part of the Property, including contract sellers but excluding those having
such interest merely as security for the performance of an obligation.
2
Exhibit A
I. Property — shall mean and refer to the real property located at the northeast corner of the Collin
County Outer Loop and State Highway 5 and owned by the Anna Economic and Community
Development Corporations and illustrated in Exhibit "A" attached.
ARTICLE 3
PERMITTED AND PROHIBITED USES AND STRUCTURES
A. The Property is intended to be developed and used as a business park primarily with office,
commercial, industrial and manufacturing uses. All portions of the Property shall be used in
accordance with the zoning duly adopted for the Property by the City Council of the City of Anna,
Texas, as it exists today and as it may be amended. In addition, the following uses are prohibited:
1. Residential Uses, unless allowed by the Declarant as a caretaker's or guard's residence.
2. Automotive Sales, including auctions.
3. Automobile Repair, including paint and body repair.
4. Any use which is determined by the Declarant to be objectionable by reason of excessive noise,
dust, smoke, fumes, odors, vibrations, glare, vermin, liquid or solid wastes; except that activities
required in the public interest or for public services will not be restricted by this limitation.
5. Uses which will result in unsafe or hazardous conditions including without limitation toxic or
noxious matters, fire and explosion hazards or radiation hazards.
6. Portable buildings, office trailers and similar temporary structures, unless erected and used for
non-residential purposes by contractors performing construction of improvements on the
Property.
ARTICLE 4
DEVELOPMENT STANDARDS
A. These standards are intended to promote attractive design and appearance of the buildings and the
landscaped grounds and Areas to be Maintained and other common areas of the Property. The
Design Review Committee (as defined in Article 11) shall have the power to enforce strict
compliance with these development standards, taking into consideration the aesthetic appearance,
consistency of design and appropriate use of materials and plantings.
1. Unless specifically permitted by the Design Review Committee in writing, each Lot and all
structures shall be oriented to and gain access from the internal street(s) within the Property
and no Lot or structure shall face and gain access from the Collin County Outer Loop and Foster
Crossing Road (County Road 421).
2. Each building should be designed to complement the general architectural character of the
Property in the use of materials, color, and scale.
3. Unless specifically permitted by the Design Review Committee in writing, with the exception of
window and door glazing, 100% of all building facades shall consist of brick, stone, split face
block tilt wall panels or precast concrete.
4. Precast concrete or tilt wall panels shall not have an exposed aggregate stone or pebble texture.
Precast panels on all sides of the building shall be scored or seamed to provide visual interest
and a repeating pattern.
3
Exhibit A
5. Metal exterior walls are prohibited. Metal panels may be used only as architectural accents,
awnings and canopies.
6. Buildings shall be articulated at all entrances facing streets by a minimum of two offsets (fagade
articulations that extend outward from the building must be set back at some point in a
corresponding manner) in the fagade of a minimum four (4) feet in depth. Each offset shall
extend a minimum of 20 feet in length. The elements used for articulation must extend to the
parapet of the building.
7. Building entrances shall be covered by an awning or canopy.
8. Windows and/or glass accents shall not exceed 20% reflectivity. However, the use of tinted,
inward facing mirrored glass that helps to achieve energy efficient design is encouraged.
9. Windows, doors, eaves, parapets, soffits, overhangs, canopies and awnings should be used to
provide variety to the building fagade.
10. Rooftop and ground mounted mechanical units, generators and HVAC equipment must be
screened from view from any adjacent street by a screen or parapet that extends the full height
of the equipment.
11. Parking structures shall maintain compatible architectural features and fagade materials shall
be complementary in color and design with the main building.
ARTICLE 5
PARKING AND LOADING AREAS
A. A sufficient number of off-street parking spaces shall be provided to minimize parking by employees
and visitors on public streets, and parking areas shall be designed in a manner as to provide for easy
and safe access in and out of the various developed tracts within the Property.
B. The use of buildings and properties for every day or special event activities that exceed the parking
capacity shall be prohibited.
C. Parking shall not be allowed on grass or unpaved surfaces. However, semi -permeable "green
parking" turf block or similar materials may be permitted if approved by the Design Review
Committee.
D. A minimum six (6) foot wide sidewalk shall be provided where parking spaces are designed to
overhang the sidewalk.
E. The design and orientation of building(s) shall minimize the exposure of loading and trash collection
areas from adjacent streets and properties. No loading spaces or dock doors shall face streets.
F. Overnight trailer and shipping container storage is prohibited unless being actively loaded or
unloaded. Only two (2) trailers or shipping containers may be stacked during loading and unloading.
G. Loading areas shall be screened by a solid masonry, tilt wall or split face block wall a minimum ten
(10) feet in height, or a solid landscape screen of irrigated shrubs with a minimum height of six (6)
feet at planting but which will achieve a height of ten (10) feet within three to five years of planting
if approved by the City of Anna.
H. All publicly accessible areas shall be designed and constructed in accordance with applicable laws
related to accessibility for the disabled.
ARTICLE 6
LANDSCAPING AND SCREENING
A. A minimum six (6) foot tall perimeter screening wall or fence shall be constructed by the developer
of each tract within the Property that abuts the Collin County Outer Loop and transmission line on
4
Exhibit A
the south and Foster Crossing Road on the north. The wall or fence shall be constructed of thin wall
brick or precast concrete panels or steel/rod iron material with substantial pier construction and the
color and masonry detailing of each section(s) of the wall or fence shall be as approved by the
Design Review Committee. Walls shall be topped with a concrete or stone cap. The wall or fence
shall be set back a minimum of thirty (30) feet from the northern edge of the transmission line
easement or the southern right-of-way line of Foster Crossing Road. A five (5) foot offset shall be
provided in the wall for the length of two panels at a rate of one offset every forty (40) feet or as
determined by the Design Review Committee. A five (5) foot wide maintenance easement shall be
dedicated on both sides of the screening wall or fence to provide space for future maintenance,
repair and replacement of the screening structure
B. The thirty (30) foot wide setback shall be maintained as a landscaped edge, with a one (1) minimum
three (3) inch caliper tree planted per forty (40) linear feet. Trees may be grouped or clustered to
enhance the landscaped design. Tree species used shall be red oak, burr oak, cedar elm or Chinese
pistache; however, the Design Review Committee may approve the use of alternative tree species.
C. Landscaping for each developed Lot within the Property shall be provided in compliance with all
applicable landscaping standards and regulations adopted by the City of Anna.
D. Landscaped areas within parking areas shall be contained by a six (6) inch tall curb, unless the
landscaped area is part of an onsite drainage system approved by the City of Anna.
E. Landscaping shall be used to enhance entrance and exit driveways to each Lot or tract within the
Property.
F. If used, berms shall not exceed thirty-six (36) inches in height, have a maximum slope of 3:1 and
shall vary in height and be contoured rather than installed in a straight line.
G. An automatic irrigation system shall be provided for all landscaped areas and shall be designed in a
manner to conserve water and to prevent excessive spray and runoff onto paved surfaces. Rain
sensors shall be required for all irrigation systems.
H. All landscaping shall be properly maintained at all times. Dead or dying plant materials shall be
removed and replaced in an expeditious manner. Trees and other plants that become overgrown
shall be pruned to maintain visibility and access for vehicles and pedestrians and to maintain healthy
plantings.
I. Appropriate plant materials shall be chosen and installed in a manner designed to promote water
conservation and the use of native plants.
J. Landscaping shall not interfere with visibility requirements adopted by the City of Anna at street and
driveway intersections or create visibility problems within parking lots.
K. Appropriate turf, gravel or other materials shall be maintained at all times for drainage swales, rain
gardens, retention and detention ponds and other on -site drainage facilities.
ARTICLE 7
OUTDOOR STORAGE
A. Daily operations of businesses located on the Property shall be fully enclosed, except that tanks
containing gases or other materials used in a manufacturing process may be installed outside in
accordance with building and fire codes.
B. Outdoor storage of good, materials and equipment shall be limited to display of new equipment for
sale or lease.
C. All outdoor storage shall be screened with a minimum eight (8) foot tall masonry or precast concrete
screening wall.
5
Exhibit A
ARTICLE 8
SIGNAGE
A. Signage on buildings and individual tracts within the Property shall comply with the City of Anna Sign
Ordinance and any other applicable City of Anna regulations related to signs.
B. The following types of signage are prohibited:
1. Pole signs
2. Window signs, with the exception of "open" signs.
3. Lights outlining the windows or buildings
4. Signs that flash, blink, or revolve
5. Roof signs
6. Temporary bandit signs
C. Other special sign requirements:
1. Digital signage is allowed if the message changes only once every 8 seconds and is a static image
that does not flash, move or scroll.
2. Digital signs must be equipped with an automatic dimmer that adjusts the brightness of the
display based on ambient light conditions (cloudy vs. sunny or day vs. night).
3. Delivery trucks or other vehicles that are have signage advertising a business within the Property
shall not be parked on the outer edges of parking lots adjacent to public streets.
ARTICLE 9
ILLUMINATION
A. Lighting of all parking areas and buildings shall be in accordance with City of Anna codes and shall be
in keeping with the specific function and building type served.
B. All parking lots and loading areas must be illuminated by light standards and/or wall -mounted light
fixtures.
C. All lighting shall be shielded and directed to not cause unnecessary glare or light intrusion into a
public street or adjacent property.
ARTICLE 10
DESIGN REVIEW COMMITTEE
A. There shall be established a Design Review Committee (the "Committee"), which shall initially
consist of Declarant and Declarant's Chief Administrative Officer. At a time to be determined solely
by the Committee, the Committee membership shall be modified to consist of the following
members:
1. One (1) representative selected to serve on behalf of the Owner(s);
2. Three (3) representatives of the Declarant;
3. The Chief Administrative Officer of Declarant.
B. As more individual tracts are sold within the Property, additional property owner representatives
shall join the Committee, at times determined by the Committee, replacing a certain number of
representatives of the Declarant to ultimately form the composition of the Committee as follows:
11
Exhibit A
1. Three (3) representatives selected to serve on behalf of the Owners;
2. Two (2) representatives of Declarant;
3. The Chief Administrative Officer of Declarant.
C. Committee Function — No improvement shall be erected, constructed, placed, or altered on any
portion of the Property until plans and specifications in such form and detail as the Committee may
specify have been submitted to and approved in writing by the Committee. A four -fifths (4/5)
majority vote is required to approve plans and specifications.
D. The decision of the Committee shall be final and binding upon the applicant. This review and
approval process by the Committee and/or its agent is to ensure conformity with the covenants,
conditions and restrictions of this Declaration, compliance with the general aesthetic quality of the
development, consistency of materials used and compatibility of uses. The Committee, by its
approval of such plans and specifications, is not responsible for the adequacy of structural or
mechanical engineering design or specifications or the improvements constructed on the Property.
E. Plan and Building Design Submittal — Prior to the submittal of any plan, plat or other development
application to the City of Anna, a preliminary design package shall be submitted to the Committee.
The package shall consist of a site plan, building elevations with material descriptions, colors and
samples of the exterior building materials, and a landscaping plan. Plans meeting the City of Anna's
requirements shall be sufficient for Committee review; however, the Committee reserves the right
to require stricter standards and additional information and detail for any aspect of the proposed
development.
ARTICLE 11
MAINTENANCE
A. Duty to Maintain — Owners and occupants (including without limitation lessees) of any tract or Lot
or portion of the Property thereof shall jointly and severally have the duty and responsibility to keep
buildings, improvements, grounds, landscaping and drainage easements in a well -maintained, safe,
clean and attractive condition at all times. Such maintenance includes, but is not limited to, the
following:
1. Keeping parking areas, fire lanes, approaches and driveways in good repair;
2. Striping parking areas and fire lanes and repainting on a regular schedule;
3. Promptly removing litter, trash, refuse and waste;
4. Insuring that all trash receptacles and compactors and surrounding areas are kept clean and
uncluttered;
5. Keeping all exterior lighting and mechanical facilities in working order;
6. Replacing landscape materials and repairing irrigation systems in a timely manner; and
7. Keep all vacant lots litter free and mowed in compliance with City of Anna property standards.
8. Maintaining both sides of the perimeter screening walls on the individual lot (as applicable.)
B. Enforcement of Maintenance Duties — The Association may give an Owner written notice of neglect
or failure of maintenance duties, and the Owner must within 10 days after receiving such notice
perform the obligation or duty required. Should any Owner fail to fulfill this obligation or duty
within such period, the Association through its authorized agents shall have the right and power to
enter onto the premises and perform such obligation or duty without liability for damages for
7
Exhibit A
wrongful entry, trespass, or otherwise to any person or property. Each Owner of any tract or Lot on
which work is performed shall be liable for the cost of such work (including the Association's
reasonable administrative expenses) and shall promptly reimburse the Association within 10 days
after receipt of a statement or invoice. Failure to reimburse the Association shall constitute a lien
against the tract or Lot on which work was performed.
C. Property Manager — The Association may enter into an agreement with a third -party property
management contractor to provide management services including without limitation common area
maintenance and repairs, landscape maintenance and irrigation repairs, maintenance of business
park entry features, removal of trash and debris, and monitoring of the Property for Owner
compliance with this Declaration, and performance of related administrative functions. The
Association may maintain requirements for liability insurance, monthly financial reports and other
documentation from the contractor(s) as a condition of any contract for service.
D. Areas to be Maintained — For purposes of this Declaration, "Areas to be Maintained" shall include
medians in public street rights -of -way, including entry signs for the Property and any flags and
flagpoles and associated lighting; drainage retention or detention ponds, raingardens, swales or
other facilities and features that capture and direct storm water runoff from multiple tracts; and any
other property, sign or feature designed to contribute to the collective appearance and proper
functioning of the Anna Business Park. "Areas to be Maintained" shall be maintained by the
Association and funded by an annual assessment or special assessments, paid by the Owners, as
described in Article 12 below.
ARTICLE 12
ASSESSMENTS
A. Covenants for Assessments — Each Owner and each subsequent Owner of the Property or any
portion of the Property, by acceptance of a deed thereof or other instrument or event of ownership
transfer, whether or not it shall be so expressed in such deed, instrument or event, shall be deemed
to covenant and agree to pay the Association (i) annual assessments or charges and (ii) special
assessments for improvement or maintenance of the Areas to be Maintained and other common
areas to be fixed, established and collected from time to time as provided herein. Assessments,
together with such interest and costs of collection, as hereinafter provided, shall be a charge on the
Lot and shall be secured by a continuing lien which is hereby created and impressed for the benefit
of the Association upon the Lot against which the assessment is made. Each such assessment,
together with interest costs and reasonable attorneys' fees and related expenses, shall also
constitute a personal obligation of the person or entity that was the record owner of such Lot at the
time of assessment. The personal obligation for delinquent assessments shall not pass to successors
in title unless expressly assumed by such successors; however, the lien upon the Lot shall continue
until paid.
B. Purpose of Assessments — The assessments provided for herein shall be levied, collected and
administered by the Association and shall be used exclusively for the improvement and
maintenance of the Areas to be Maintained, and the performance and/or exercise of the rights and
obligations of the Association arising hereunder. Assessments shall include, but not be limited to,
funds to cover actual Association costs (including reasonable reserves) for all taxes, insurance,
repair, replacement, maintenance and other activities as may from time to time be authorized by
the Declarant or the Board of Directors of the Association, if established; legal and accounting fees,
W
Exhibit A
and any fees for management services incurred in complying with any laws, ordinances or
governmental requirements applicable to the Association or the Property's reasonable replacement
reserves and the costs of other facilities and services including maintenance thereof, and other
charges required or contemplated by this Declaration and/or that which the Declarant or a Board of
Directors of the Association, if established, shall determine to be necessary to meet the primary
purpose of the Association. All sums received by the Association pursuant to the annual or special
assessments shall be segregated by the Association from its general funds if applicable, and held in
trust for the benefit of the Owners and for the purposes and uses designated herein. The
Association or property management company, if engaged, shall maintain appropriate records of all
expenditures of funds and all assessments with regard to the Areas to be Maintained and other
common areas, which records shall be open for inspection by any Owner during normal business
hours upon reasonable notices and at said Owner's cost and expense.
C. Annual Assessment — The Association shall establish the amount of each calendar year's annual
assessment based on the projected financial needs for upkeep and maintenance of the Areas to be
Maintained and any other common area and other appropriate expenditures for that calendar year.
The Association's review and determination shall be final and binding on all Owners unless
disapproved by a vote of 60% of the Association members who are voting. The voting may be
done in person or by proxy at a meeting duly called for such purpose within ninety (90) days after
notice of such increased limit. Written notice of the meeting shall be given to all Owners at least
thirty (30) days in advance and shall set forth the purpose of the meeting.
D. Special Assessments — In addition to any annual assessments, the Association may at any time levy a
special assessment for the purpose of defraying, in whole or in part, the cost of any construction,
reconstruction, repair or replacement of a Common Area feature or a capital improvement within
the Areas to be Maintained. This shall include the necessary fixtures and personal property related
thereto; provided that any such special assessment shall not become effective if disapproved by a
vote of 60% of the Association members who are voting. The voting may be done in person or by
proxy at a meeting duly called for such purpose within ninety (90) days after the notice of the
special assessment. A written notice of the meeting shall be given to all Owners at least thirty (30)
days in advance and shall set forth the purpose of the meeting. In addition, the Association may
levy a special assessment not to exceed the cost of remediation against any Lot or Owner to remedy
any violation of this Declaration.
E. Due Date and Payment of Assessments — The obligation to pay annual assessments shall commence
as to all Lots on the first day of the month following the date on which the Association shall fix the
amount of the annual assessment against each Lot, or a later date if the Association provides
written notice thereof. For purposes of assessment, "Lot" shall exclude any property owned by the
Declarant. Written notice shall be sent to every Owner subject thereto. Annual assessments shall
be due and payable on an annual basis unless otherwise designated by the Association. The due
date of any special assessment shall be as determined by the Association in the notice of special
assessment sent to the Owners.
F. Payment - All payments of the Assessments shall be made to the Association at its principal place of
business within Collin County, Texas or at such other place as the Association may otherwise direct
or permit. Payment shall be made in full regardless of whether any Owner has a dispute with the
Declarant, the Association, any other Owner or any other person or entity regarding any matter to
p]
Exhibit A
which this Declaration relates or pertains. Payment of the Assessments shall be both a continuing
affirmative covenant personal to the Owner and a continuing covenant running with the Lot.
G. Apportionment of Assessment — Any annual or special assessment shall be allocated pro rata among
the Owners in accordance with the amount of acreage owned. An Owner's share of the assessment
shall be determined by multiplying the total amount of the assessment by a fraction having as its
numerator the acreage owned by the Owner within the Property and having as its denominator the
total acreage located within the Property.
H. Owner's Personal Obligation for Payment of Assessments — The annual and special assessments
provided for herein shall be the personal and individual debt of the Owner of the property covered
by such assessments. No Owner is exempt from personal liability for such assessments. In the
event of default in the payment of any such assessment, the Owner shall be obligated to pay
interest at a rate equal to three percent (3%) over the prime interest rate on the amount of the
assessment, from the due date until paid, but not to exceed the maximum rate of interest that the
Association may lawfully charge. In addition, the Owner shall pay all costs and expenses of
collection, including reasonable attorney's fees and related expenses. The Association shall have
the right to bring suit against the Owner to recover a money judgment for these amounts without
foreclosing or waiving the liens securing the same.
Effect of Non -Payment of Assessments; Remedies of the Association — Any assessment provided for
in this Declaration which is not paid when due shall be delinquent. If any such Assessment is not
paid within thirty (30) days after the date of delinquency, the Assessment shall bear interest from
the due date (with no notice required to be given) until paid, at the interest rate and under the
terms noted in Section G. above. The Association may, at its option, bring an action by law against
the Owner personally obligated to pay the same or, upon compliance with the notice provisions
hereof, foreclose the lien against the Lot as provided herein. There shall be added to the amount of
such Assessment the costs of preparing and filing the complaint in such action, and in the event a
judgment is obtained, such judgment shall include said interest and a reasonable attorney's fees and
related expenses, together with the costs of action. Each Owner vests in the Association or its
assigns the right and power to bring all actions at law or in equity foreclosing such lien against such
Owner, and the expenses incurred in connection therewith, including interest, costs and reasonable
attorney's fees and related expenses shall be chargeable to the Owner in default. Under no
circumstances, however, shall Declarant or the Association be liable to any Owner or to any other
person or entity for failure or inability to enforce any Assessments. Failure to enforce any
Assessment for any period of time shall not be deemed to be a waiver of the right to enforce that
Assessment or any other Assessment.
No action shall be brought to foreclose said Assessment lien or to proceed under the power of sale
herein provided in less than thirty (30) days after the date a notice of claim of lien is deposited with
the postal authority, certified or registered, postage prepaid, to the Owner of said Lot and a copy
thereof is recorded by the Association in the office of the Collin County Clerk; said notice of claim
must recite a good and sufficient legal description of any such Lot, the record Owner or reputed
Owner thereof, the amount claimed (which may, at the Association's option, include interest on the
unpaid assessment at the maximum legal rate, plus reasonable attorney's fees and related expenses
and other expenses of collection in connection with the debt secured by said lien) and the name and
address of the Association.
10
Exhibit A
K. Any such sale provided for above is to be conducted in accordance with the applicable provisions
governing the exercise of powers of sale in mortgages and deeds of trust, as set forth in Section
51.002 of the Property Code of the State of Texas (as it may be amended from time to time), or in
any other manner permitted by law. Each Owner, by accepting a deed to a Lot, expressly grants to
the Association a power of sale as set forth in said Section 51.002 of the Property Code in
connection with the Assessment lien. The Association, through duly authorized agents, shall have
the power to bid on the Lot at foreclosure sale and to acquire and hold, lease, mortgage and convey
the same.
L. Upon the timely curing of any default for which a notice of claim of lien was filed by the Association,
the officers of the Association are hereby authorized to file or record, as the case may be, an
appropriate release of such notice, upon payment by the defaulting Owner of a fee, to be
determined by the Association but not to exceed the actual cost of preparing and filing or recording
the lien and the release. The Assessment lien and the right to foreclosure and sale hereunder shall
be in addition to and not in substitution of all other rights and remedies which the Association and
its successors or assigns may have hereunder and by law, including the right of suit to recover a
money judgment for unpaid Assessments, as provided above.
M. Subordination of Lien to First Mortgages — The lien securing the Assessments provided for herein
shall be expressly subordinate to the lien of any first lien mortgage on any Lot. The sale or transfer
of any lot shall not affect the Assessment lien. However, the sale or transfer of any Lot, pursuant to
a decree of foreclosure or a non -judicial foreclosure under such first lien mortgage or any
proceeding in lieu of foreclosure thereof, shall extinguish the lien of such Assessments as to
payments thereof which became due prior to such sale or transfer. No sale or transfer shall relieve
such Lot from liability for any Assessment thereafter becoming due, in accordance with the terms
herein provided.
ARTICLE 13
ASSOCIATION MEMBERSHIP AND VOTING RIGHTS
A. Membership — Declarant, whether or not an owner of any part of the Property, and each person or
entity who is a record Owner of a fee or undivided fee interest in any Lot shall be a member of the
Association. The foregoing is not intended to include persons or entities that hold an interest
merely as security for performance of an obligation. Membership shall be appurtenant to and may
not be separated from any ownership of any Lot which is subject to assessment by the Association.
Transfer of ownership, either voluntarily or by operation of law, shall terminate such Owner's
membership in the Association and membership shall be vested in the transferee; provided,
however, that no such transfer shall relieve or release such Owner from any personal obligation with
respect to assessments which have accrued prior to such transfer.
B. Management of Association — the Association shall be incorporated as a non-profit corporation. The
Association shall be managed by the Declarant and/or a Board of Directors pursuant to the
procedures set forth in the Association's articles of incorporation and bylaws, subject to this
Declaration.
C. Membership, Voting, Elections and Meetings — The Association shall have two classes of voting
membership:
11
Exhibit A
1. Class A — Class A members shall be all Owners with the exception of the Declarant and shall
be entitled to one vote for each Lot owned. When more than one person holds an interest
in any Lot, all such persons shall be members but may cast only one vote per lot owned.
The vote for such Lot shall be exercised as they among themselves determine.
2. Class B — The Class B member shall be the Declarant which shall have as many votes as the
Class A members put together, plus one (1). The Class B membership shall cease when 95%
of the total acreage in the Property has been sold by the Declarant, at which time the
Declarant assumes Class A voting privileges.
D. There shall be at least one meeting of the membership each year. At that meeting, the membership
shall elect a Board consisting of five (5) directors, vote on any other matters the Board chooses to
place before the membership, and discuss any matter of the Association business that the Board or
any Owner wishes to bring before the entire membership; provided, however, that no Board of
Directors shall exist unless and until Declarant provides written notice to the Owners in advance of a
membership meeting that such Board will be established and Board members selected in
accordance with this Declaration.
E. Duties and Powers of Board — Through the Declarant or Board, as applicable, the Association shall
have the following powers and duties:
1. To adopt rules and regulations to implement this Declaration and the Association's bylaws;
2. To enforce this Declaration, the bylaws, and its rules and regulations
3. To elect officers of the Board and select members of the Design Review Committee when the
power devolves to the Board
4. To prepare a balance sheet and operating income statement for the Association and deliver a
report to the membership at its annual meeting
5. To establish and collect regular assessments to defray expenses attributable to the Association's
duties, to be levied against each Owner, excepting the Declarant.
6. To establish and collect special assessments for capital improvements or other purposes; to file
liens against Owners because of non-payment of Assessments duly levied and to foreclose on
those liens.
7. To receive complaints regarding violations of this Declaration, the bylaws or the rules and
regulations.
8. To give reasonable notice to all Owners of all annual meetings of the membership and all special
called meetings.
9. To hold regular Board meetings in compliance with the adopted bylaws.
10. To manage and maintain all of the Areas to be Maintained and other common areas in a state of
high quality and in good repair;
11. To pay taxes and assessments that are or could become liens on the Common Areas.
12. To pay the costs of any liability insurance and fire insurance on the Areas to be Maintained and
other common areas and any liability insurance for Declarant, members of the Committee and
members of any board or committee of the Association.
ARTICLE 14
EASEMENTS
12
Exhibit A
All property owners within the Anna Business Park shall grant easements across their properties for the
purpose of providing utility services and cross access to other properties. The specific location of such
easements shall be reasonably determined and located to minimally impact the Property.
ARTICLE 15
SUBDIVISION OF PROPERTY
The Declarant must give written approval for any subdivision of the Property by an Owner.
ARTICLE 16
RIGHT OF REPURCHASE
The Declarant retains the right to refund the purchase price and to regain title from the Grantee or any
subsequent owner within the Property for which construction has not commenced within two (2) years
of the initial sale. Declarant may in its sole discretion extend construction and completion dates in
writing. Unless expressly waived by Declarant, the Right of Repurchase shall also be extended to any
agreed construction and completion dates.
ARTICLE 17
GENERAL PROVISIONS
A. Enforcement — The Declarant or the Association shall have the right to enforce, by any proceeding at
law or in equity, all restrictions, conditions, and reservations imposed by this Declaration. Failure to
enforce any covenants or restrictions shall not be deemed a waiver of the right of enforcement
either with respect to the violation in question or any other violation. All waivers must be in writing
and signed by the party to be bound.
Severability -- Invalidation of any one of these covenants or restrictions by judgment or court order
shall in no way affect any other provision and all other provisions shall remain in full force and
effect.
C. Covenants Run with the Land — The easements, restrictions, covenants, and conditions are for the
purposes of protecting the value and desirability of the Property. They shall run with and shall be
binding on all parties having any right, title, or interest in the Property in whole or in part, and their
heirs, successors and assigns. This Declaration shall be for the benefit of the Property, each Lot and
each Owner.
D. Duration and Amendment — The covenants, conditions and restrictions of this Declaration shall be
effective for a term of twenty (20) years from the date this Declaration is recorded, after which
period the covenants, conditions and restrictions shall be automatically extended for such periods of
ten (10) years subject to termination by an instrument signed by more than fifty (50) percent of the
Owners. The covenants, conditions and restrictions of this Declaration may be amended by an
instrument signed by Declarant and the Owners representing more than 75% of the votes set forth
in Article 13, Section C.
E. Attorneys' Fees — If any controversy, claim or dispute arises relating to this instrument, its breach, or
enforcement, the prevailing party shall be entitled to recover from the losing party reasonable
expenses, attorney's fees, and costs.
13
Exhibit A
F. Liberal Interpretation — This Declaration shall be liberally construed to effectuate its purpose of
creating a uniform plan for the Property.
This Declaration is executed this day of , 2017 in Anna, Texas.
ANNA ECONOMIC DEVELOPMENT CORPORATION
By:
President
ACKNOWLEDGEMENTS
STATE OF TEXAS
COUNTY OF COLLIN
This instrument was acknowledged before me on the day of , 2017 by
, President of the Anna Economic Development Corporation, a non-
profit corporation, on behalf of said corporation.
Notary Public, State of Texas
My Commission Expires:
14
Exhibit A
This Declaration is executed this
Texas.
STATE OF TEXAS
COUNTY OF COLLIN
day of
2017 in Anna,
ANNA COMMUNITY DEVELOPMENT CORPORATION
By:
President
ACKNOWLEDGEMENTS
This instrument was acknowledged before me on the day of , 2017 by
, President of the Anna Community Development Corporation, a non-
profit corporation, on behalf of said corporation.
Notary Public, State of Texas
My Commission Expires:
15
COMMUNITY
DEVELOPMENT
CORPORATION
AGENDA ITEM:
Item No. 6.
CDC Agenda
Staff Report
Meeting Date: 4/6/2017
Staff Contact. Jessica
Perkins
a. Deliberate regarding the purchase, exchange, lease or value of real
property. (Tex. Gov't Code §551.072)
b. Consult with legal counsel 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);
C. Discuss or deliberate Economic Development Negotiations:
(1) To discuss or deliberate regarding commercial or financial information
that the Board of Directors has received from a business prospect that the
Board of Directors seeks to have locate, stay, or expand in or near the
territory of the City of Anna and with which the Board 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); discuss business park property.
SUMMARY:
STAFF RECOMMENDATION:
COMMUNITY
DEVELOPMENT
CORPORATION
AGENDA ITEM:
Item No. 7.
CDC Agenda
Staff Report
Meeting Date: 4/6/2017
Staff Contact. Jessica
Perkins
Consider/Discuss/Action approving a resolution authorizing a current fiscal year
2016-2017) budget amendment.
SUMMARY:
STAFF RECOMMENDATION:
ATTACHMENTS:
Description
Res. BudgetAmendment
Amended budget
Upload Date Type
3/27/2017 Backup Material
4/5/2017 Backup Material
ANNA COMMUNITY DEVELOPMENT CORPORATION
RESOLUTION NO.
A RESOLUTION OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION
REGARDING THE APPROVAL OF AND AUTHORITY TO AMEND THE FY 2016-2017
FISCAL YEAR BUDGET
WHEREAS, effective October 1, 2016, the Anna Community Development Corporation
(the "CDC") with the approval of the City of Anna City Council executed its current fiscal
year budget; and
WHEREAS, the CDC seeks to make a line item amendment to its budget due to
additional funds needed in the contract services line item and land line item.
NOW THEREFORE, BE IT RESOLVED BY THE ANNA COMMUNITY
DEVELOPMENT CORPORATION, THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Adoption of Amendment to the Current Fiscal Year Budget
The CDC Board of Directors hereby approves amending the Anna Community
Development Corporation current fiscal year budget as set forth in Exhibit A, amended
budget, attached hereto and incorporated herein for all purposes as if set forth in full.
PASSED AND APPROVED by the Anna Community Development Corporation this
day of , 2017.
APPROVED:
Nathan Pike
CDC President
ATTEST:
Lauretta Blacketer
CDC Secretary
CDC OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1
CDC FY 17
DETAIL
IN MCCLAIN - Original
LINE ITEM Adjustments (same annual total)
Amendments to account for Land Purchase and
Sales Tax Reallocation
ACCOUNTS / CATEGORIES
6208 OFFICE SUPPLIES
$250.00
$250.00
$250.00
6209 OTHER SUPPLIES - MISC.
$250.00
$250.00
$250.00
6210 CLOTHING SUPPLIES
$0.00
$0.00
$0.00
6212 POSTAGE
$50.00
$50.00
$50.00
6303 Main. And Repair
$0.00
$0.00
$0.00
6700 ECONOMIC DEVELOPMENT GRANT Exp.
$0.00
$0.00
$0.00
6703 CONTRACT SERVICES - professional
$17,500.00
$17,500.00
$17,500.00
servcies (signs at bus. Park property) and Finance
dept.
6711 TRAVEL EXPENSE
$250.00
$250.00
$250.00
6721 EDUCATION AND TRAINING
$250.00
$250.00
$250.00
6722 insurance - property and liability
$0.00
$0.00
$0.00
6731 PUBLIC NOTICES -ADVERTISING
$200.00
$200.00
$200.00
6735 PROMOTION EXPENSE
$34,800.00
$34,800.00
$34,800.00
6753 LEGAL EXPENSE
$11,000.00
$11,000.00
$11,000.00
6755 AUDIT EXPENSE
$2,500.00
$3,000.00
$3,000.00
6756 ENGINEERING
$0.00
$4,000.00
$4,000.00
6761 DUES, PUBLICATIONS, PERMITS, Lic. -
$250.00
$3,500.00
$3,500.00
application fees P&Z
6762 Water Utilities
$0.00
$0.00
$0.00
6789 DEBT -SERVICE PRINCIPAL-
$133,000.00
$83,000.00
$83,000.00
6790 INTEREST EXPENSE
$165,468.00
$98,700.00
$98,700.00
6799 OTHER SERVICES - MISC. amend to match
$90,000.00
$80,000.00
$80,000.00
budget to council includes Parks Personnel
6912 BOND COST
$0.00
$0.00
$140,000.00
6921 BUILDINGS AND IMPROVEMENTS
$0.00
$0.00
$0.00
6941 OTHER CAPITAL EXPENDITURES - land,
$80,232.00
$80,232.00
$2,838,136.00
water line, etc...
TOTAL OTHER USES OF FUNDS
TOTAL825
$536,000.00
$416,982.00
$3,314,886.00
COMMUNITY
DEVELOPMENT
CORPORATION
AGENDA ITEM:
Item No. 8.
CDC Agenda
Staff Report
Meeting Date: 4/6/2017
Staff Contact. Jessica
Perkins
Consider/Discuss/Action approving a resolution authorizing the expenditure of funds
for a commercial for sale/advertising sign for the Anna Business Park property.
SUMMARY:
In order to promote the Business Park Property as a place to locate and
communicate contact information, staff suggests erecting commercial real estate
signs to place on the property.
Proposals are attached.
STAFF RECOMMENDATION:
Staff recommends you approve.
ATTACHMENTS:
Description
Upload Date
Type
Res. Comm. Sign
3/30/2017
Resolution
Quote 1 Zahra
3/30/2017
Backup Material
Quote 2 - thomas
3/30/2017
Backup Material
Quote 3 - Dave
4/4/2017
Backup Material
ANNA COMMUNITY DEVELOPMENT CORPORATION
RESOLUTION NO.
A RESOLUTION OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION
APPROVING AND AUTHORIZING THE EXPENDITURE OF FUNDS FOR A
COMMERCIAL REAL ESTATE SIGN ADVERTISING THE BUSINESS PARK
PROPERTY
WHEREAS, the Anna Community Development Corporation (the "CDC") wishes to
expend funds for a commercial real estate sign advertising the business park and to be
placed on the business park property located at the northeast corner of highway 5 and
the Collin County Outer Loop.
NOW THEREFORE, BE IT RESOLVED BY THE ANNA COMMUNITY
DEVELOPMENT CORPORATION, THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Funding
The CDC hereby authorizes the Chief Administrative Officer to charge the CDC's
contract services line item in the amount not to exceed $7,600 for a commercial real
estate sign for the business park property.
PASSED AND APPROVED by the Anna Community Development Corporation this
day of , 2017.
APPROVED:
Nathan Pike
CDC President
ATTEST:
Lauretta Blacketter
CDC Secretary
CDC OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1
Zahra Design Group Inc.
Advertising
Graphic Design
Project Estimate
Design Services:
Production Expenses:
Client:
Project:
2404 214.688.1255 p
Farrington 214.688.1256 j
Dallas Texas
75207
Funderburgh Realty Date: February 10, 2017
Attn: David Funderburgh
Design/Prepress/Fabrication/Installation of Anna Business Park Signs
1. 4'x8'x4'Single Side Sign
2. 8'x1 6'x4'Single Side Sign
Quantity:
Concept Development:
Design:
Pre -Press:
Art Direction:
Copywriting:
Typesetting Specification:
Printing Supervision:
Account Administration::
Public Relations Coordination:
Printing:
Installation:
Digital Scans/Laser Prints:
Photography:
Color Separations:
Retouching:
Space:
Postage / Shipping:
Pre -Press Supplies:
Miscellaneous:
Estimated Cost:
2 Leasing Signs
750.00
500.00
400.00
300.00
150.00
1500.00 - 4'x8'
350..00
150.00
75.00
30.00
3420.00- 8'x16'
7575.00 Sales tax exempt Anna EDC TX
zahradesign.com
Approved By: Purchase order:
PLEASE NOTE: THE COSTS LISTED ABOVE ARE ESTIMATES ONLY AND FINAL BILLING WILL REFLECT ACTUAL COSTS INCURRED. ESTIMATE WILL BE REVISED FOR CL IENT APPROVAL IF CHARGES EXCEED 15%CONTINGENCY.
Hello Jessica,
Here are the cost to produce the signs. The design charge is separate per our earlier email.
8' x 4' Metal Sign
Vinyl, laminate, boards & installation
$880
8' x4' MDO Sign (Wood Product)
Vinyl, laminate, boards & installation
$920
16' x 8' Metal
Vinyl, laminate, boards & installation
$1815
16' x 8' MDO Sign (Wood Product)
Vinyl, laminate, boards & installation
$1910
Please let me know if you have any questions.
Thanks for the opportunity to bid on project.
Thanks,
Jana
Yes - that is correct.
The estimate is between $250 - $500 for the design. I can narrow that down but would just need
to know specifics of what you are wanting. But once I give you a final estimate for the design
that will be the charge. We will not go over the estimate unless for some reason the scope of the
project changes but we would notify you and get approval on a new estimate if that was the case.
Thanks,
Jana
Dave's Signs & Auto Wraps, LLC
PO BOX 102
McKinney, TX 75070
Name / Address
The City of Anna
312 North Powell parkway
Anna, TX 75490
Estimate
Date
Estimate #
3/21/2017
604
Project
Description
Qty
Rate
Total
4" tall x 8' wide single sided MDO installed on 2 @ 4x4 painted
poles
8' xl6' single sided MDO installed on 5 @ 4x6 painted poles
1
1
840.00
2,798.00
840.00T
2,798.00T
Subtotal $3,638.00
Sales Tax (8.25%) $300.14
Total $3,938.14
COMMUNITY
DEVELOPMENT
CORPORATION
AGENDAITEM:
Item No. 9.
CDC Agenda
Staff Report
Meeting Date:
Staff Contact.
Perkins
Consider/Discuss/Action regarding approving minutes from March 2, 2017
SUMMARY:
n/a
STAFF RECOMMENDATION:
Staff recommends you approve.
ATTACHMENTS:
4/6/2017
Jessica
Description Upload Date Type
3-2-2017 CDC Minutes 4/6/201 't Backup Material
ANNA COMMUNITY DEVELOPMENT CORPORATION
MINUTES
COMMUNITY DEVELOPMENT March 2 2017
CORPORATION
The Community Development Corporation of the City of Anna met 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
Alonzo Tutson, Vice -President, called the meeting to order at 5:06 pm. After roll
call and the declaration that a quorum was present, the floor was open for
business.
Directors in -attendance: Alonzo Tutson, Brent Thomas, Doug Hermann
Connie Stump, Anthony Richardson and James
Directors in Abstention: Nate Pike
Staff in attendance: Clark McCoy, legal counsel for the CDC and EDC boards;
Jessica Perkins Chief Administrative Officer; and Lauretta Blacketer, secretary.
2. Invocation and Pledge
Invocation given by Brent Thomas and Pledge lead by Alonzo Tutson
3. Consider/Discuss/Action regarding accepting John Houcek's resignation
from the board.
Connie Stump made a motion to accept the resignation motion second by Brent
Thomas. Motion passed all.
4. Consider/Discuss/Action regarding electing a president for the Anna
Community Development Corporation
Connie Stump nominated Nate Pike for President Alonzo Tutson second the
nomination. Motion passed all. Nate Pike is the new CDC President
5. Consider/Discuss/Action regarding accepting Sherilyn Godfrey's
resignation as secretary.
Doug Hermann made a motion to accept Sherilyn Godfrey's resignation.
Anthony Richardson seconded the motion. Motion passed all.
6. Consider/Discuss/Action electing/appointing a new secretary for the Anna
Community Development Corporation.
Connie Stump made a motion to appoint Lauretta Blacketter to the position of
volunteer secretary. James Gurski seconded the motion. Motion passed all.
7. Closed Session (exceptions) — skipped.
8. Consider/Discuss/Action regarding approving the language for the Planned
Development for the Anna Business Park.
Motion made by Anthony Richardson to approve the language for the planned
Development for the Anna Business Park 2nd by James Gurski. Motion passed all.
9. Consider/Discuss/Action reviewing and approving the preliminary plat for the
Anna Business Park.
Motion made by Brent Thomas to approve the preliminary plat. The motion was
seconded by Connie Stump. Motion passed all.
10. Consider/Discuss/Action regarding approving a resolution authorizing the
expenditure of funds to install two (2) signs on the Anna Business Park
property to promote the park site as well as offer contact information.
Motion to table made by Brent Thomas. Motion was seconded by Anthony
Richardson. Motion passed all.
11. Consider/Discuss/Action approving minutes from February 2, 2017.
Motion by Connie Stump to approve minutes. Motion was seconded Doug Herman.
Motion passed. James Gurski and Anthony Richardson abstained.
12.Adjourn.
Motion to Adjourn was made by Doug Herman. Motion was seconded by Anthony
Richardson. All in favor. Motioned passed all. Adjourned at 5:40pm.
Nathan Pike, CDC President Lauretta Blacketer, CDC Secretary