HomeMy WebLinkAboutRes 2007-05-01 Authorizing and Creating a PID-Anna Ranch.pdfCITY OF ANNA, TEXAS
RESOLUTION NO. 2007-05-01
A RESOLUTION OF THE CITY OF ANNA, TEXAS, AUTHORIZING
AND CREATING A PUBLIC IMPROVEMENT DISTRICT IN
ACCORDANCE WITH CHAPTER 372 OF THE TEXAS LOCAL
GOVERNMENT CODE.
WHEREAS, the City of Anna, Texas (the "gity"), is authorized under Chapter 372 of
the Texas Local Government Code, as amended, (the "Act'), to create a public improvement
district within its corporate limits;
WHEREAS, on March 1. 2007, INC Properties, LLC, John Lau, and Jackie H.J.
Lau (collectively, the "Owner") submitted and filed with the City Secretary of the City of Anna,
Texas a petition (the " etitio ") requesting the establishment of a public improvement district to
be known as the Anna Ranch Public Improvement District (the "District");
WHEREAS, the governing body of the City (the "City Council') has investigated and
determined that the facts contained in the Petition are true and correct;
WHEREAS, the District will include the approximately 737.3 acres owned by the Owner
and located within the City (the "Pro "), more particularly described and depicted on
Echib& A;
WHEREAS, after providing all notices required by the Act, the City Council on
March 27, 2007, conducted a public hearing on the advisability of the proposed improvements;
and
WHEREAS, the City Council adjourned and closed such public hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THAT:
Section 1. The findings set forth in the recitals of this Resolution are hereby found to
be true and correct.
Section 2. The Petition submitted to the City by the Owner was filed with the City
Secretary of the City and complies with Subchapter A of the Act.
Section 3. Pursuant to the requirements of the Act, including, without limitation,
Sections 371.006, 372.009(a), and 372.009(6), the City Council, after considering the Petition
and the evidence and testimony presented at the public hearing on May 8, 2007, hereby funds and
declares:
Resolution Authoriting and Cleating
Anna Ranch Public Improvement District -Page 1
016389.00010901827203
(a) Advisability of the Proposed Improvements. It is advisable to create the District
to provide the Authorized Improvements described in the Petition and this
Resolution. The Authorized Improvements will promote the interests of the City
and will confer a special benefit on the Property.
(b) General Nature of the Authorized improvements. The purposes of the District
include the design, acquisition, and construction of public improvement projects
authorized by Section 372.003(b) of the Act that are necessary for development of
the Property. The public improvements will include, but not be limited to, water
and wastewater system improvements, roadway improvements, right-of-way
acquisition, and other improvement projects (collectively, the "Autho
Improvements'). The Authorized Improvements shall promote the interests of the
City and confer a special benefit on the Property.
(c) Estimated Cost of the Authorized Improvements. The estimated cost to design,
acquire, and construct the Authorized Improvements is $65,000,000.
(d) Boundaries of the Proposed District. The boundaries of the District shall contain
the Property.
(e) Proposed Method of Assessment. The City shall levy an assessment on each
residential lot within the District to pay the cost of the Authorized Improvements
in a manner that results in imposing equal shares of the cost on property similarly
benefited. Each assessment may be paid in full at any time (including accrued
and unpaid interest) or may be paid in annual installments (including interest and
debt). The installments must be in amounts necessary to meet annual costs for the
Authorized Improvements and must continue for a period necessary to retire the
indebtedness on the Authorized Improvements.
(f) Apportionment of the Cost Between District and the City. The City shall not be
obligated to provide any funds to finance the Authorized Improvements. The cost
of the Authorized Improvements will be paid from the assessments and from other
sources of funds, if any, available to the Owner.
(g) Management of the District. The District shall be managed by the City, with the
assistance of a consultant, who shall, from time to time, advise the City regarding
certain operations of the District
(h) Advisory Board. The District shall be managed without the creation of an
advisory body.
Section 4. The District is hereby authorized and created as a public improvement
district under the Act in accordance with the findings as to the advisability of the Authorized
Improvements contained in this Resolution and the conclusion that the District is needed to fund
such Authorized Improvements.
Resolution Authorizing and Creating
Anna Ranch Public Improvement District -Page 2
016399.00010:10182n.03
Section 5. Notice of this Resolution authorizing the District shall be given by
publishing such notice once in the McKinney Courier Gazette, a newspaper of general
circulation in Collin County, Texas. Effective upon the publication of such notice, such
authorization shall take effect and the District shall be established.
Section 6. This Resolution shall take effect immediately from and after its passage
and publication as required by law.
PASSED AND APPROVED on this 8th day of May, 2007.
ATTEST:
N s Wilkison, City Secretary
THE CITY OF ANNA, TEXAS
Resolution Authorizing and Creating
Anna Ranch Public Improvement District -Page 3
016389.0001 0:101827/.03
Exhibit A
Description and Depiction of the Prouerty
P.I.D.
PROPERTY DESCRIPTION
TRACT ONE
BEING A 734.964 ACRE TRACT OF LAND SITUATED IN THE D.E.W. BABB
SURVEY, ABSTRACT NO. 33 AND THE GRANDLSON STARK SURVEY,
ABSTRACT NO. 798, COLLIN COUNTY, TEXAS, AND BEING ALL OF A
CALLED 88.71 ACRE TRACT OF LAND, CONVEYED TO INC PARTNERS, LLC.,
BY DEED RECORDED IN VOLUME 5746, PAGE 4845, LAND RECORDS, COLLIN
COUNTY, TEXAS AND BEING ALL OF A CALLED 361.545 ACRE TRACT OF
LAND CONVEYED AS TRACT ONE TO INC PARTNERS, LLC., BY DEED
RECORDED IN VOLUME 5785, PAGE 5731, LAND RECORDS, COLLIN COUNTY,
TEXAS AND BEING ALL OF A CALLED 171.389 ACRE TRACT OF LAND
CONVEYED TO INC PARTNERS, LLC., BY DEED RECORDED IN VOLUME 5778,
PAGE 4036, LAND RECORDS, COLLIN COUNTY, TEXAS AND BEING ALL OF A
CALLED 35.0020 ACRE TRACT OF LAND§CONVEYED TO JOHN LAU BY DEED
RECORDED IN VOLUME 5890, PAGE 5295, LAND RECORDS, COLLIN COUNTY,
TEXAS AND BEING ALL OF A CALLED 78.325 ACRE TRACT OF LAND
CONVEYED TO INC PARTNERS, LLC., BY DEED RECORDED IN VOLUME 5757,
PAGE 780, LAND RECORDS, COLLIN COUNTY, TEXAS BEING THE SAME
CALLED 78.325 ACRE TRACT OF LAND CONVEYED TO JACKIE H.I. LAU BY
DEED RECORDED IN VOLUME 5824, PAGE 3728, LAND RECORDS, COLLIN
COUNTY, TEXAS. SAID 734.964 ACRE TRACT, WITH BEARING BASIS GRID
NORTH, TEXAS STATE PLANE COORDINATES, NORTH CENTRAL ZONE,
NAD83 (CORS96, EPOCH DATE 2002), DETERMINED BY GPS OBSERVATIONS
BETWEEN JULIAN DAY 253, 2004 AND JULIAN DAY 259, 2004, CALCULATED
FROM COLLIN CORS ARP (PID-DF8982) AND DALLAS CORS ARP (PID-
DF8984). BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
AS FOLLOWS:
BEGINNING AT A 1{2 INCH IRON ROD FOUND FOR THE SOUTHWEST
CORNER OF AFORESAID 88.71 ACRE TRACT AND BEING AT THE
APPROXIMATE INTERSECTION OF COLLIN COUNTY ROAD NO. 417 (A
VARIABLE WIDTH PRESCRIPTIVE RIGHT-OF-WAY) AND COLLIN COUNTY
ROAD NO. 418 (A VARIABLE WIDTH PRESCRIPTIVE RIGHT-OF-WAY);
THENCE NORTH 00 DEGREES 06 MINUTES 22 SECONDS WEST, ALONG THE
WEST LINE OF AFORESAID 88.71 ACRE TRACT AND THE APPROXIMATE
CENTERLINE OF AFORESAID COLLIN COUNTY ROAD NO. 418, A DISTANCE
OF 2555.80 FEET TO A POINT FOR CORNER ON THE SOUTH LINE OF
AFORESAID 361.545 ACRE TRACT, FROM WHICH A V. INCH IRON ROD
FOUND, BEARS SOUTH 89 DEGREES 28 MINUTES 57 SECONDS EAST, A
DISTANCE OF 0.66 FEET, FOR THE SOUTHEAST CORNER OF SAID 361.545
ACRE TRACT;
Exhibit A to Anna Rmxh PID Petition—Page 1
016399,00010:1018277.03
THENCE ALONG THE SOUTH LINE OF AFORESAID 361.545 ACRE TRACT THE
FOLLOWING COURSES AND DISTANCES:
NORTH 89 DEGREES 28 MINUTES 57 SECONDS WEST, A DISTANCE OF
1379.65 FEET TO A 1/2 INCH CAPPED IRON ROD FOUND FOR CORNER;
NORTH 89 DEGREES 39 MINUTES 07 SECONDS WEST, A DISTANCE OF
2076.95 FEET TO A 2 INCH PIPE FOUND FOR CORNER;
NORTH 89 DEGREES 04 MINUTES 37 SECONDS WEST, A DISTANCE OF
2754.86 FEET TO A POINT FOR THE SOUTHWEST CORNER OF
AFORESAID 361.545 ACRE TRACT AND BEING ON THE SOUTHEAST
RIGHT-OF-WAY OF A TRACT OF LAND CONVEYED TO DALLAS AREA
RAPID TRANSIT TRACT RECORDED IN VOLUME 4951, PAGE 819, LAND
RECORDS, COLLIN COUNTY, TEXAS (A VARIABLE WIDTH RIGHT-OF-
WAY) ;
THENCE ALONG THE NORTHWEST LINE OF AFORESAID 361.545 ACRE
TRACT AND THE COMMON SOUTHEAST RIGHT-OF-WAY OF AFORESAID
DALLAS AREA RAPID TRANSIT TRACT THE FOLLOWING COURSES AND
DISTANCES:
NORTH 00 DEGREES 44 MINUTES 31 SECONDS WEST, A DISTANCE OF
207.51 FEET TO A 1/2 INCH IRON ROD FOUND FOR CORNER;
NORTH 18 DEGREES 44 MINUTES 53 SECONDS EAST, A DISTANCE OF
1676.05 FEET TO A 1/2 INCH IRON ROD FOUND FOR A NORTHWEST
CORNER OF SAID 361.545 ACRE TRACT AND BEING IN THE
APPROXIMATE CENTERLINE OF COLLIN COUNTY ROAD NO. 421 (A
VARIABLE WIDTH RIGHT-OF-WAY);
THENCE ALONG A NORTH LINE OF AFORESAID 361.545 ACRE TRACT AND
THE APPROXIMATE CENTERLINE OF AFORESAID COLLIN COUNTY ROAD
NO. 421 THE FOLLOWING COURSES AND DISTANCES:
SOUTH 89 DEGREES I1 MINUTES 32 SECONDS EAST, A DISTANCE OF
2090.23 FEET TO A 3/8 INCH IRON ROD FOUND FOR CORNER;
SOUTH 89 DEGREES 01 MINUTES 26 SECONDS EAST, A DISTANCE OF
1933.03 FEET TO A 1/2 INCH IRON ROD FOUND FOR AN INSIDE ELL
CORNER OF AFORESAID 361.545 ACRE TRACT AND BEING AT THE
APPROXIMATE INTERSECTION OF AFORESAID COLLIN COUNTY
ROAD NO. 421 AND COLLIN COUNTY ROAD NO. 422 (A VARIABLE
WIDTH RIGHT-OF-WAY);
Exhibit A to Anna Retch PID Petition — Page 2
016389.0001071018271.03
THENCE ALONG A WEST LINE OF AFORESAID 361.545 ACRE TRACT AND
THE APPROXIMATE CENTERLINE OF AFORESAID COLLIN COUNTY ROAD
NO. 422 THE FOLLOWING COURSES AND DISTANCES:
NORTH 00 DEGREES 31 MINUTES 59 SECONDS EAST, A DISTANCE OF
81 L24 FEET TO A 1/2 INCH IRON ROD FOUND FOR CORNER;
NORTH 00 DEGREES 29 MINUTES 39 SECONDS EAST, A DISTANCE OF
1832.52 FEET TO A 1/2 INCH IRON ROD FOUND FOR A NORTHWEST
CORNER OF SAID 361.545 ACRE TRACT;
THENCE NORTH 89 DEGREES 35 MINUTES 58 SECONDS EAST, ALONG A
NORTH LINE OF AFORESAID 361.545 ACRE TRACT, A DISTANCE OF 1884.06
FEET TO A POINT FOR THE NORTHEAST CORNER OF SAID 361.545 ACRE
TRACT AND BEING THE NORTHWEST CORNER OF AFORESAID 171.389 ACRE
TRACT;
THENCE ALONG THE NORTH LINE OF AFORESAID 171.389 ACRE TRACT THE
FOLLOWING COURSES AND DISTANCES:
NORTH 89 DEGREES 34 MINUTES 05 SECONDS EAST, A DISTANCE OF
1580.15 FEET TO A 1/2 INCH IRON ROD FOUND FOR CORNER;
NORTH 89 DEGREES 30 MINUTES 53 SECONDS EAST, A DISTANCE OF
560.19 FEET TO A 1/2 INCH IRON ROD FOUND FOR THE NORTHEAST
CORNER OF SAID 171.389 ACRE TRACT;
THENCE ALONG THE EAST LINE OF AFORESAID 171.389 ACRE TRACT THE
FOLLOWING COURSES AND DISTANCES:
SOUTH 00 DEGREES 17 MINUTES 15 SECONDS WEST, A DISTANCE OF
351.05 FEET TO A 3/4 INCH IRON ROD FOUND FOR CORNER;
SOUTH 00 DEGREES 43 MINUTES 52 SECONDS WEST, A DISTANCE OF
1303.32 FEET TO A 5/8 INCH IRON ROD FOUND FOR CORNER;
SOUTH 01 DEGREES 34 MINUTES 41 SECONDS WEST, A DISTANCE OF
1030.94 FEET TO A 1/2 INCH IRON ROD FOUND FOR AN OUTSIDE ELL
CORNER OF AFORESAID 171.389 ACRE TRACT;
THENCE SOUTH 89 DEGREES 46 MINUTES 50 SECONDS WEST, A DISTANCE
OF 228.24 FEET TO A POINT FOR AN INSIDE ELL CORNER OF AFORESAID
171.389 ACRE TRACT;
THENCE SOUTH 00 DEGREES 12 MINUTES 48 SECONDS EAST, A DISTANCE
OF 170.10 FEET TO A 1/2 INCH IRON ROD FOUND FOR CORNER;
Exhibit A to Anna Ranch PID Petition —Page 3
016389.00010:10Mn.o3
THENCE SOUTH 50 DEGREES 23 MINUTES 04 SECONDS WEST, A DISTANCE
CORNER OF AFORESAID 171.389 ACRE TRACT AND BEING ON A EAST LINE
OF AFORESAID 361.545 ACRE TRACT IN THE APPROXIMATE CENTERLINE OF
AFORESAID COLLIN COUNTY ROAD NO. 418;
THENCE SOUTH 00 DEGREES 10 MINUTES 59 SECONDS EAST, ALONG THE
EAST LINE OF AFORESAID 361.545 ACRE TRACT AND THE APPROXIMATE
CENTERLINE OF AFORESAID COLLIN COUNTY ROAD NO. 418, A DISTANCE
OF 736.61 FEET TO A POINT FOR CORNER, FROM WHICH A100D NAIL FOUND
FOR THE NORTHWEST CORNER OF AFORESAID 88.71 ACRE TRACT BEARS
SOUTH 88 DEGREES 02 MINUTES 26 SECONDS WEST, A DISTANCE 0.69 FEET;
THENCE NORTH 89 DEGREES 53 MINUTES 36 SECONDS EAST, ALONG THE
NORTH LINE OF AFORESAID 88.71 ACRE TRACT, A DISTANCE OF 1465.95
FEET TO A POINT FOR THE NORTHEAST CORNER OF SAID 88.71 ACRE
TRACT;
THENCE SOUTH 00 DEGREES 47 MINUTES 46 SECONDS WEST, ALONG THE
EAST LINE OF AFORESAID 88.71 ACRE TRACT, A DISTANCE OF 25.29 FEET
TO A POINT FOR THE NORTHWEST CORNER OF AFORESAID 35.0020 ACRE
TRACT;
THENCE NORTH 89 DEGREES 54 MINUTES 12 SECONDS EAST, ALONG THE
NORTH LINE OF AFORESAID 35.00020 ACRE TRACT, A DISTANCE OF 1976.49
FEET TO A POINT FOR THE NORTHEAST CORNER OF SAID 35.0020 ACRE
TRACT AND BEING IN THE APPROXIMATE CENTERLINE OF COLLIN
COUNTY ROAD NO. 419 (A VARIABLE WIDTH RIGHT-OF-WAY) FROM WHICH
A 112 INCH IRON ROD FOUND FOR WITNESS BEARS NORTH 67 DEGREES 57
MINUTES 30 SECONDS EAST, A DISTANCE OF 4.57 FEET;
THENCE SOUTH 00 DEGREES 28 MINUTES 25 SECONDS EAST, ALONG THE
EAST LINE OF AFORESAID 35.0020 ACRE TRACT AND THE APPROXIMATE
CENTERLINE OF AFORESAID COLLIN COUNTY ROAD NO. 419, A DISTANCE
OF 778.58 FEET TO A 112 INCH IRON ROD FOUND FOR THE SOUTHEAST
CORNER OF SAID 35.0020 ACRE TRACT AND THE NORTHEAST CORNER OF
AFORESAID 78.325 ACRE TRACT;
THENCE SOUTH 00 DEGREES 26 MINUTES 49 SECONDS EAST, ALONG THE
EAST LINE OF AFORESAID 78.325 ACRE TRACT AND THE APPROXIMATE
CENTERLINE OF AFORESAID COLLIN COUNTY ROAD NO. 419, A DISTANCE
OF 1762.66 FEET TO A POINT FOR THE SOUTHEAST CORNER OF SAID 78.325
Exhibit A to Anna Ranch PID Petition — Page 4
016387.00010: 10182r.03
ACRE TRACT AND BEING AT THE APPROXIMATE INTERSECTION OF
AFORESAID COLLIN COUNTY ROAD NO. 419 AND AFORESAID COLLIN
COUNTY ROAD NO. 418, A 1(2 INCH IRON ROD FOUND FOR WITNESS NORTH
00 DEGREES 08 MINUTES 18 SECONDS EAST, A DISTANCE OF 1.80 FEET;
THENCE ALONG THE APPROXIMATE CENTERLINE OF COLLIN COUNTY
ROAD NO. 418 THE FOLLOWING COURSES AND DISTANCES:
SOUTH 89 DEGREES 56 MINUTES 16 SECONDS WEST, ALONG THE
SOUTH LINE OF AFORESAID 78.325 ACRE TRACT, A DISTANCE OF
1931.20 FEET TO A 60D NAIL FOUND FOR THE SOUTHWEST CORNER
OF SAID 78.325 ACRE TRACT AND THE SOUTHEAST CORNER OF
AFORESAID 88.71 ACRE TRACT;
THENCE NORTH 89 DEGREES 58 MINUTES 53 SECONDS WEST, ALONG
THE SOUTH LINE OF AFORESAID 88.71 ACRE TRACT, A DISTANCE OF
1527.01 FEET TO THE POINT OF BEGINNING, AND CONTAINING
734.964 ACRES OF LAND, MORE OR LESS.
Exhibit A to Anna Ranch PID Petition — Page 5
016389A0010: 1018277.03
P.I.D.
PROPERTY DESCRIPTION
CALLED 2.249 ACRE TRACT OF LAND CONVEYED AS TRACT TWO TO INC
PARTNERS, LLC., BY DEED RECORDED IN VOLUME 5785, PAGE 5731, LAND
RECORDS, COLLIN COUNTY, TEXAS. SAID 2.249 ACRE TRACT, WITH
BEARING BASIS GRID NORTH, TEXAS STATE PLANE COORDINATES, NORTH
CENTRAL ZONE, NAD83 (CORS96, EPOCH DATE 2002), DETERMINED BY GPS
OBSERVATIONS BETWEEN JULIAN DAY 253, 2004 AND JULIAN DAY 259,
2004, CALCULATED FROM COLLIN CORS ARP (PID-DF8982) AND DALLAS
CORS ARP (PID-DF8984). BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A RAILROAD SPIKE FOUND FOR THE NORTHEAST CORNER
OF AFORESAID 2.249 ACRE TRACT AND BEING ON THE NORTHWEST RIGHT-
OF-WAY OF STATE HIGHWAY 5 (A VARIABLE WIDTH RIGHT-OF-WAY);
THENCE SOUTH 18 DEGREES 45 MINUTES 16 SECONDS WEST, ALONG THE
SOUTHEAST LINE OF AFORESAID 2.249 ACRE TRACT AND THE COMMON
NORTHWEST RIGHT-OF-WAY LINE OF AFORESAID STATE HIGHWAY 5, A
DISTANCE OF 797.00 FEET TO A 1/2 INCH IRON ROD FOUND FOR THE SOUTH
CORNER OF SAID 2.249 ACRE TRACT;
THENCE NORTH 00 DEGREES 11 MINUTES 47 SECONDS WEST, ALONG THE
WEST LINE OF AFORESAID 2.249 ACRE TRACT, A DISTANCE OF 757.00 FEET
TO A RAILROAD SPIKE FOUND FOR THE NORTHWEST CORNER OF SAID
2.249 ACRE TRACT;
THENCE SOUTH 89 DEGREES 29 MINUTES 18 SECONDS EAST, ALONG THE
NORTH LINE OF AFORESAID 2.249 ACRE TRACT, A DISTANCE OF 258.85 FEET
TO THE POINT OF BEGINNING, AND CONTAINING 2.249 ACRES OF LAND,
MORE OR LESS.
Exhibit A to Anon Ranch PID Petition— Page 6
016389.0(010:10lU ].03
E, E
�
1
t
�
I 1 YYJ��
I
I I
--------- I
1
1
I
n,�.rrer
,.r.wr
'pS
!
1
II
I
I
I
I
�
I
`
Ir
I
I
I
� i
�
I
1
I
I I�
�
1
I
�
I
x+BWa axsn: am xosm, rtxN RATE Rud: caowwATes. xamx
TRACT 1 734.964 ACRES,
r
cEerzm. xoxE, xsom (wNN, Erocx oArz xom),IRTERwxtD N ars
,lt
TRACT 2 2.249 ACRES
SHEET
1 OF 1
a95LYATWS NTvrcEx +uuu+ wr xss, aow .uw MY ass, aao+.
GLIMTEoiPou Lali INfA95 YV (Wa-MINE) 1W a+DAS cQ45 lA'98.
4. STARK SURVEY, BA-> D.E.W.
B.xBB
mTv—�'.
(m.MByy)
I
SURVEY.iY. ABSTRACT A-33
miw cwmrt. Tew