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HomeMy WebLinkAboutRes 2022-03-1119 Setting a Public Hearing for the Creation of Anacapri PIDCER'I1kICATE FOR RESOLUTION THE STATE OF TEXAS COLLIN COUNTY CITY OF ANNA We, the undersigned officers of the City of Anna, Texas (the "Cityh hereby certify as follows: L The City Council (the "Council") of the City convened in a regular meeting on March 8, 20221 at the regular designated meeting place, and the roll was called of the duly constituted officers and members of the Council, to wit: Nate Pike, Mayor Lee Miller, Mayor Pro Tem Josh Vollmer, Deputy Mayor ProJem Kevin Toten, Council Member Jim Proce, City Manager Carrie Land, City Secretary Stan Carver II, Council Member Randy Atchley, Council Member Danny Ussery, Council Member and all of said persons were present, except , thus constituting a quorum. Whereupon, among other business the following was transacted at said meeting: a written 1 1 1 i' :i • 1 !' 1 111 V ' !' VA I 'I`HE ISSUANCE OF NOTICE BY THE CITY SECRETARY OF ANNA, TEXAS, REGARI?ING THE PUBLIC HEARIn G. was duly introduced for the consideration of the Council. It was then duly moved and seconded that said Resolution be passed; and, after due discussion, said motion, carrying with it the passage of said Resolution, prevailed and carried, with all members of the Council shown present above voting "Aye," except as noted below: NAYS: _ ABSTENTIONS:�� " CITY OF ANNA, TEXAS RESOLUTION NO. AOJa•- () 6 .1111 A RESOLUTION SET ITN" A PUBLIC HEARING UNDER SECTION 372.009 OF THE TEXAS LOCAL GO VERNIVIENT CODE ON THE ADVISABILITY OF THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT AND IMPROVEMENTS WITHIN THE CITY OF ANNA, TEXAS, FOR THE ANACAPRI DEVELOPMENT AND AUTHORIZING THE ISSUANCE OF NOTICE BY THE CITY SECRETARY OF ANNA, TEXAS, REGARDING THE PUBLIC HEARING. WHEREAS, the City of Anna, Texas (the "C�"), is authorized under Chapter 372 of the Texas Local Government Code (the "Act"), to create a public improvement district. within its corporate limits; and WHEREAS, on February 15, 2022, Anacaph Laguna Azure LLC, a Texas limited liability company (collectively, the "Petitioners"), being the owner of (1) taxable real property representing more than 50 percent of the appraised value of taxable real property liable for assessment under the proposal, as determined by the current roll of the appraisal district in which the property is located and (2) record owner of real property liable for assessment under the proposal who: (A) constitutes more than 50 percent of all record owners of property that is liable for assessment under the proposal; or (B) owns taxable real property that constitutes more than 50 percent of the area of all taxable real property that is liable for assessment under the proposal, within the corporate limits of the City, submitted and filed with the City Secretary of Anna (the "City Secretary") a petition ("Petition"), attached as Exhibit A, requesting the establishment of the Anacapri Public Improvement District for approximately 284.952 acres of property within the corporate limits of the City (the "District"); and WHEREAS, said petition described public improvements that the property desires to be made within the public improvement district; and WHEREAS, the City Council of Anna, Texas (the "City Council") will hold a public hearing in accordance with Section 372.009 of the Act regarding the advisaty of establishing the District, the nature of the improvements contemplated, the estimated costs of the improvements, the boundaries of the District, the method of assessment, and the apportionment, if any, of the costs; and WHEREAS, it is hereby officially found and determined that the meeting at which this resolution was considered was open to the public,- and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code; and WHEREAS, in order to hold a public hearing for the creation of a public improvement district, notice must be given in a newspaper of general circulation in the municipality before the 3 15°'day before the date of the hearing, and written notice must be mailed to the current address of each owner, as reflected on the tax rolls, of property that would be subject to assessment under the proposed public improvement district; and WHEREAS, both newspaper notice and mailed notice must contain the information required for notice as provided for in Section 372.009 of the Act; and WHEREAS, the City Council has determined to hold a public hearing on April 12, 2022 on the creation of a public improvement district; and WHEREAS, the City Council finds that the passage of this Resolution is in the best interest of the citizens of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNC`a, OF THE CITY OF ANNA, TEXAS: Section l: All of the above recitals are hereby found to be true and correct factual determinations of the City and are hereby approved and incorporated by reference as though fully set forth herein. Section 2: City Staff reviewed the Petition and determined that the same complied with the requirements of the Act and the City Council accepts the Petition. Section 3: That a public hearing is hereby called for April 12, 2022 at 6:30 p.m. at the Anna I.S.D. Board Room, 201 E. 7th Street, Anna, Texas, or such other location as designated by the City, for the purpose of hearing public testimony with respect to the advisability of establishing the District, the nature of the improvements contemplated, the estimated costs of the improvements, the boundaries of the District, the method of assessment, and the apportionment, if any, of the costs. .Section 4: At such time and place the City Council will hear testimony regarding the creation of the proposed public improvement district and the City Council may, within its sole discretion, consider the adoption of a resolution authorizing the creation of the proposed public improvement district. Section 5: Attached hereto as Exhibit A is the Petition to Establish Anacapri Public Improvement District within the corporate limits of the City for the Anacapri Public Improvement District, which includes a metes and bounds description for the District. Section G: Attached hereto as Exhibit B is a form of the Notice of Public Hearing (the "Notice"} the form and substance of which is hereby adopted and approved. Section 7: Included as part of Exhibit A hereto —as Exhibit "A" thereof —is a legal description of the 284.952 acres of property to be included in the proposed public improvement district. Section 8: The City Secretary is hereby authorized and directed to cause said Notice to be published in substantially the form attached hereto, in a newspaper of general circulation in the City, and to mail a copy of said Notice to all landowners within the boundaries of the proposed public improvement district as required by law. The City Secretary shall provide Notice on or before the 15th day before the April 12, 2022 hearing. Section 9: If any portion of this resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the City Council hereby determines that it would have adopted this resolution without the invalid provision. Section 10: This resolution shall be in full force and effect from and after its passage, and it is accordingly so resolved. PASSED AND APPROVED ON THIS 8TH DAY OF MARCH, 2022. 41�,�t1111 U I i l �4i,';,Ri Lam' A f�dd ATTEST: r "� �F''�°,'APP A Lee Mr Carrie L. Land, City Secretary �r'rrrd ititi.91i1 `� Mayor Pro Tem 5 Petition to Establish Anacapri Public Improvement District A-1 STATE OF TEXAS § § PETITION TO ESTABLISH ANACAPRI COUNTY OF COLLiN § PUBLIC IMPROVEMENT DISTRICT TO THE HONORABLE GOVERNING BODY OF THE CITY OF ANNA. COMES NOW ANACAPRI LAGUNA AZURE LLC ("Petitioner"), and hereby request and petition the City of Anna, Texas (the "City") to establish the Anacapri Public Improvement District (the "District") under and pursuant to the provisions of Chapter 372, Texas Local Government Code, on the hereinafter described property situated within the extraterritorial jurisdiction and corporate limits of the City, and in support thereof would respectfully show the following. I. The general nature of the proposed public improvements to be provided by the District, in phases, are (a) acquisition, construction and improvements, and maintenance of the improvements, consisting of (1) landscaping; (2) erection of fountains, distinctive lighting, and signs; (3) acquiring, constructing, improving, widening, narrowing, closing, or rerouting of sidewalks or of streets, any other roadways, or their rights -of --way, including related landscaping, lighting, traffic control devices, screening walls and retaining walls; (4) construction or improvement of pedestrian malls; (5) acquisition and installation of pieces of art; (6) acquisition, construction, or improvement of off-street parking facilities; (7) acquisition, construction, or im ff provement of water, wastewater, or drainage facilities or improvements; (8) the establishment or improvement of parks; (9) projects similar to those listed in (1)-(8); (10) acquisition, by purchase or otherwise, of real property or contract rights in connection with an authorized improvement; (11) special supplemental and maintenance services for improvement and promotion of the district, including services relating to advertising, promotion, health and sanitation, water and wastewater, roadways, public safety, security, business recruitment, development, recreation, and cultural enhancement (collectively, the "Authorized Improvements"); and (b) the payment of expenses incurred in the establishment, administration, and operation of the District, including maintenance costs, costs of issuance, funding debt service and capitalized interest reserves and credit enhancement fees of any bonds issued by or on behalf of the District, if necessary. II. The estimated costs of constructing and acquiring all of the currently proposed public improvements, together with bond issuance costs, legal and financial fees, letter of credit fees and expenses, bond credit enhancement expenses, capitalization of bond interest, the creation of a bond reserve fund, expenses incurred in the establishment, administration and operation of the District and acquisition, by purchase or otherwise, of real property or contract rights in connection with each authorized improvement, is presently estimated to be a total of approximately $58,000,000, based on the estimated current and future costs for construction and acquisition of the Authorized Improvements to serve the area within the District, as authorized by law. The total costs of the Authorized Improvements shall be paid from any revenues or assessments lawfully available to the City, anticipating that the costs of acquisition of the Authorized Improvements will be paid pursuant 1 to a contractual reimbursement obligation or bonds secured by and payable from a special assessment levied on all property withi asn the District's boundaries for the public improvements. The boundaries %J the proposed District are fully described in Exhibit "A", attached hereto and made a part hereof for all purposes. IV. The proposed method of assessment related to the costs of acquisition of the Authorized Improvements is to impose a special assessment to be paid in installments on all useable property within the District, net of any public right -of --way, according to the value of the property, without regard to the value of improvements on the property, or in any other manner that results in imposing equal shares of the cost on property similarly benefitted. A report will be prepared showing the special benefits accruing to property within the District and how the costs of the Authorized Improvements are assessed to property on the basis of special benefit received by the property from the Authorized Improvements. V. The estimated costs of the Authorized Improvements are in addition to costs of operating and maintaining the Authorized Improvements, issuing bonds, if any, and establishing, administering and operating the District. All costs incurred by the District shall be paid by the District, and there shall be no apportionment of costs between the District and the City as a whole. The City will not be obligated to provide any funds to finance the proposed Authorized Improvements except from assessments generated by property within the District. VI. Management and administration of the District shall be by the City. The City may contract from time to time with a private company for District administrative services. VII. The individuals executing this Petition are duly authorized to execute this Petition, and the Petitioner and the undersigned request the establishment of the District. VIII. An Advisory Board may be established to develop and recommend an improvement plan to the City Council of the City (the "Council"). The Petitioner requests that if the Council establishes an Advisory Board, that such Advisory Board should include representatives of the Petitioner. 2 This Petition has been executed for and on behalf of (i) the owners of more than 50% of the taxable real property described in said Exhibit A, representing all of the appraised value of taxable real property liable for assessment under this Petition as shown by the current roll of the Collin County Appraisal District, and (ii) the record owners of more than 50% of the real property liable for assessment under this Petition, and shall be filed with the Secretary of the City. WHEREFORE, PREMISES CONSIDERED, Petitioner prays that the Council: (1) duly consider this Petition and adopt a Resolution finding (i) that this Petition complies with all legal requirements; (ii) that the proposed improvements are necessary, advisable and will provide a public use and benefit to the City; and (iii) that the estimated costs of the improvements, the method of assessment and the apportionment of costs between the District and the City are reasonable and acceptable; (2} call a public hearing, give notice thereof as required by law and hold such hearing on the advisability of the public improvements specified in this Petition; and (3) grant all matters requested in this Petition and grant such other relief, in law or in equity, to which Petitioner shall show itself to be entitled. [SIGNATURES TO FOLLOW] 3 IN WITNESS WHEREOF, this Petition has been executed by the duly authorized representative of the Petitioner on E br•v &csA ( 1 , 202'L ANACAPRI LAGUNA AZURE LLC a Wyoming limited Obility corpfajiy By: _ Name: Title: Co -President STATE OF TEXAS fi COUNTY OF a\ a5ti This instrument was acknowledged before me, on the 11 day of FebrUUr.�, 202'� by Armin Afzalipour, Co -President of AnaCapri Laguna Azure LLC, a Wyoming limited liability company, on behalf of said company. [SEAL] Public in and for the State of Texas """" JACOUELINE LOHR PPY PLC �i �: Notary Public, State of Texas Comm. Expires 08-07-2023 Notary ID 132120373 S-1 EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY Tract 1 0.682 Ac all that certain lot, tract or parcel of land, situated in the Martin Moore Survey, Abstract Number 549 Collin County, Texas, and being part of that certain tract of land described by deed to Kayasa Holdings LLC, recorded in Instrument Number 20190807000946750, Real Property Records, Collin County, Texas and being more particularly described as follows; COMMENCING at a 5/8" capped rebar found stamped "UA Surveying", at the northeast corner of a certain tract of land, described by deed to Bloomfield Homes LP, recorded in Instrument Number 20200117000076380, Real Property Records, Collin County, Texas, and being the northwest corner of a certain tract of land, described by deed to Oakwood Village Apartments Inc., recorded in Instrument Number 20171201001594200, Real Property Records, Collin County, Texas, and being in the south line of that certain tract of land described by deed to QJR Partnership LTD, recorded in Instrument Number 20020214000237330, Real Property Records, Collin County, Texas; THENCE S 89014'43" E, with the north line of said Oakwood Village Apartments tract, and the south line of said QIR tract, a distance of 33.88 feet to a 1" rebar found at the southeast corner thereof, and being on the west line of said Kayasa Holdings tract; THENCE N 01016134" E, with the common line of said Kayasa Holdings tract, and said Q1R tract, a distance of 745.53 feet to a point, from which a 5/8" capped rebar found at the northeast corner thereof bears N 01 °16'34" E, a distance of 279.03 feet; THENCE Southeasterly with the arc of a curve to the right, having a radius of 1260.00 feet, a central angle of 14°3956", an arc length of 322.51 feet, and whose chord bears S 06*26'13" E, a distance of 321.63 feet; THENCE S 00°53'45" W, a distance of 460.27 fee to the common line of said Oakwood Village apartments tract, and said Kayasa Holdings tract; THENCE with the common line of said Oakwood Village Apartments tract, and said Kayasa Holdings tract, the following. S 87'5354" W, a distance of 46.30 feet to a 5/8" rebar found; N 01`16'34" E, a distance of 36.17 feet to the POINT OF BEGINNING and containing approximately 0.682 acres of land. S-1 n :�- wow ..:........................... JAMEs A. STOWELL 651 1128/2022 Tract 2 2.192 Ac all that certain lot, tract or parcel of land, situated in the John Ellett Survey, Abstract Number 296, Collin County, Texas, and being part of that certain tract of land described by deed to QJR Partnership LTD, recorded in Instrument Number 20020214000237330, Real Property Records, Collin County, Texas and being more particularly described as follows: BEGINNING at a 5/8" capped rebar found stamped "UA Surveying", at the northeast corner of a certain tract of land, described by deed to Bloomfield Homes LP, recorded in Instrument Number 20200117000076380, Real Property Records, Collin County, Texas, and being the northwest corner of a certain tract of land, described by deed to Oakwood Village Apartments Inc., recorded in Instrument Number 20171201001594200, Real Property Records, Collin County, Texas, and being in the south line of said QJR tract, THENCE N 88054'18" W. with the south line of said QJR tract, and the north line of said Bloomfield tract, a distance of 40.12 feet; THENCE Northwesterly, with the are of a curve to the left, having a radius of 1140.00 feet, a central angle of 15*38'20", and an arc length of 311.16 feet, whose chord bears N 06°55'26" W, 310.20 feet; THENCE Northwesterly, with the arc of a curve to the right, having a radius of 1260.00 feet, a central angle of 13'12'41", an arc length of 290.53 feet, whose chord bears N 08°08'15" W, 289.89 feet to the north line of said QJR tract, and the south line of that certain tract of land, described by deed to DR Horton -Texas LTD, recorded in Instrument Number 20210212000310470, Real Property Records, Collin County, Texas; THENCE N 89023138" E, with the north line of said QJR tract, and the south Ime of said DR Horton -Texas LTD, a distance of 120.02 feet, from which a 5/8" capped rebar found at the S-1 southeast corner thereof, being the northeast corner of said QJR tract, and being on the west line of that certain tract of land described by deed to Kayasa Holdings LLC, recorded in Instrument Number 20190807000946750, Real Property Records, Collin County, Texas; THENCE Southeasterly with the arc of a curve to the left, having a radius of 1140.00 feet, a central angle of 13°06'50", an arc length of 260.93 feet, and whose chord bears S 08°11'11" E, a distance of 260.36 feet; THENCE Southeasterly with the arc of a curve to the right, having a radius of 1260.00 feet, a central angle of 00°5825", an arc length of 21.41 feet, and whose chord bears S 14'15'23" E, a distance of 21.41 feet to the common line of said QJR tract and said Kayasa Holdings tract; THENCE S 01*16134" W, with the common line of said QJR tract and said Kayasa Holdings tract, a distance of 745.53 feet to the POINT OF BEGINNING and containing approximately 2.192 acres of land. *'%SrF TF-61 ' tF JAMES A. STOWELL :_..6513 1 /28/2022 Tract 3 2.909 AC all that certain lot, tract or parcel of land, situated in the Eli W. Witt Survey, Abstract Number 997, Collin County, Texas and being part of that certain tract of land, described by deed to DR HortonTexas LTD, recorded in Instrument Number 20210212000310470, Real Property Records, Collin County, Texas, and being more particularly described as follows: COMMENCING at a 5/8" capped rebar found stamped "UA Surveying", at the northeast corner of a certain tract of land, described by deed to Bloomfield Homes LP, recorded in Instrument Number 20200117000076380, Real Property Records, Collin County, Texas, and being the northwest corner of a certain tract of land, described by deed to Oakwood Village Apartments Inc., recorded in Instrument Number 20171201001594200, Real Property Records, Collin County, Texas, and being in the south line of that certain tract of land described by deed to QJR Partnership LTD, recorded in Instrument Number 20020214000237330, Real Property Records, Collin County, Texas; THENCE S 89014'43" E, with the north line of said Oakwood Village Apartments tract, and said S-1 Q1R tract, a distance of 33.88 feet to a 1" rebar found at the southeast corner thereof, and being on the west line of that certain tract of land described by deed to Kayasa Holdings LLC, recorded in Instrument Number 20190807000946750, Real Property Records, Collin County, Texas; THENCE N 01*16134" E, with the common line of said Kayasa tract, and said Q1R tract, a distance of 1024.56 feet to a 5/8" capped rebar found at the northeast corner thereof, and being the southeast corner of said DR Horton -Texas tract; THENCE S 89023'38" W, with the common line of said Q1R tract, and said DR Horton -Texas tract, a distance of 48.56 feet to the POINT OF BEGINNING, THENCE S 8902338" W, with the common line of said QIR tract, and said DR Horton -Texas tract, a distance of 120.02 feet; THENCE over, across and through said DR Horton -Texas tract the following: Northwesterly with the arc of a curve to the right, having a radius of 1260.00 feet, a central angle of 02048'28", an arc length of 61.75 feet, and whose chord bears N 00*07141" W, a distance of 61.74 feet; N 01016'34", a distance of 478.02 feet; Northeasterly with the arc of a curve to the left, having a radius of 1140.00 feet, a central angle of 01"59'08", an arc length of 39.51 feet, and whose chord bears N 00°17'00" E, a distance of 39.50 feet; N 00'42'34" W, a distance of 475.25 feet; Northeasterly with the arc of a curve to the right, having a radius of 1140.00 feet, a central angle of 03`35'22", an arc length of 71.42 feet, and whose chord bears N 89*04'31" E, a distance of 71.41 feet; S-1 S 89`0747" E, a distance of 48.61 feet, from which a 112 capped rebar found stamped "JBI" at an outer ell corner of said DR HortonJexas tract bears N 49*15'11" E, a distance of 90.49 feet; S 00042'34" E, a distance of 475.25 feet; Southwesterly with the arc of a curve to the right, having a radius of 1260.00 feet, a central angle of 01°59'08", an arc length of 43.66 feet, and whose chord bears S 00°17'00" W, a distance of 43.66; S 01016'34" W, a distance of 478.02 feet; Southeasterly with the arc of a curve to the left, having a radius of 1140.00 feet, a central angle of 02'54'19", an arc length of 57.81 feet, and whose chord bears S 00'10'36" E, a distance of 57.80 feet to the POINT OF BEGINNING and containing approximately 2.909 acres of land. Qti o fiR o ...:.......................... JAMES At STOWELL 6513 r , I /28/2022 LEGAL DESCRIPTION Tract 4 0590 Ac BEING all that certain lot, tract or parcel of land, situated in the Eli W. Witt Survey, Abstract Number 997, Collin County, Texas and being part of that certain tract of land, described by deed Anna Texas Land Ltd, recorded in 20140718000750570, Real Property Records, Collin County, Texas and being more particularly described as follows: BEGINNING at a 1/2" capped rebar set stamped "MCADAMS" at the northwest corner of said Anna Texas Land tract, and being on the east line of that certain tract of land, described by deed to DR Horton -Texas LTD, recorded in Instrument Number 20210212000310470, Real Property Records, Collin County, Texas and being the southwest corner of that certain tract of land, described in deed to Anacapri Laguna Azure, LLC, recorded in 20210819001679920, Real Property Records, Collin County, Texas; THENCE S 88°2407 E, with the common line of aid Anna Texas Land tract, and said Anacapri Laguna Azure tract, a distance of 40.15 feet; THENCE S 0003410" E, a distance of 641.93 feet; THENCE N 89007147" W, a distance of 20.19 feet; THENCE Northwesterly with the arc of a curve to the left, having a radius of 1260.00 feet, a central angle of 00°54'5", an arc length of 19.82 feet, and whose chord bears N 89°34'50" W, a distance of 19.82 feet to the common line of said Anna Texas Land tract, and said DR Horton - Texas tract, from which a 1/2" capped rebar found stamped "JBI" at a southwest corner of said Anna Texas Land tract bears S 00°34'00" E, a distance of 20.17 feet; THENCE N 00034100" W, with the common line of said Anna Texas Land tract, and said DR Horton -Texas tract, a distance of 642.60 feet to the POINT OF BEGINNING and containing approximately 0.590 acres of land. 0G\STFq f 9 i Gjr 2 o tP ...:........................... JAMES A. STOWELL 6513 1/2$/2022 Tract 5 1.294 Ac BEING all that certain lot, tract or parcel of land, situated in the Eli W. Witt Survey, Abstract Number 997, Collin County, Texas and being part of that certain tract of land, described by deed to DR HortonTexas LTD, recorded in Instrument Number 20210212000310470, Real Property Records, Collin County, Texas, and being more particularly described as follows: BEGINNING at a 1/2" capped rebar set stamped "MCADAMS" on the east line of said DR Horton -Texas tract, and being the southwest corner of that certain tract of land, described in deed to Anacapri Laguna Azure, LLC, recorded in 20210819001679920, Real Property Records, Collin County, Texas, and being the northwest corner of that certain tract of land, described in deed to Anna Texas Land Ltd, recorded in 20140718000750570, Real Property Records, Collin County, Texas, THENCE S 00034'00" E, with the common line of said Anna Texas Land tract, and said DR Horton -Texas tract, a distance of 642.60 feet to a point, from which a 1/2" capped rebar found stamped "JBI" at the southwest corner of the aforementioned Anna Texas Land tract bears S 00°3400 E, a distance of 20.17 feet; THENCE Southwesterly with the arc of a curve to the left, having radius of 1260.00 feet, a central angle of 01°49'09", an are length of 40.00 feet, and whose chord bears S 89°03'34" W, a distance of 40.00 feet; THENCE N 00034100" W, a distance of 1404.42 feet to a north line of said DR Horton -Texas tract, and being on a southwest line of said Anacapri Laguna Azure tract; THENCE N 88020'56" E, with the common line of said DR HortonJexas tract, and said Anacapri Laguna Azure tract, a distance of 40.01 feet, to a 1/2" capped rebar found at a northeasterly corner thereof, THENCE S 00034'00" E, with the common line of said DR Horton -Texas tract, and said Anacapri Laguna Azure tract, a distance of 762.32 feet to the POINT OF BEGINNING and containing approximately 1.290 acres of land. DAMES A. STOWELL .6513 _v r� 1 /? 8/2022 PID LEGAL DESCRIFTiON 97.716 Acres Phase IA, IB, IC BEING all that certain lot, tract, or parcel of land, situated in the F. Daffau Survey, Abstract Number 288, Collin County, Texas, and being part that certain called 111.666 acre tract of land, described in deed to Oakwood Village Apartments, recorded in Instrument Number 20171201001594200, Official Public Records, Collin County, Texas, and being part of that certain 60.549 acre tract of land, described in deed to Two-J Partners, recorded in Instrument Number 20080509000562490, Official Public Records, Collin County, Texas, and being part of that certain called 51.195 acre tract of land described in deed to Two4 Partners, recorded in Instrument Number 20080509000562500, Official Public Records, Collin County, Texas: BEGINNING at a 1" pipe found at the northeast corner of said 60.549 acre tract, being the approximate northeast corner of said Daffau Survey, being the northwest corner of that certain tract of land, described in deed to Jose Facundo and wife, Josefma O. Facundo, recorded in Volume 4625, Page 759, Deed Records, Collin County, Texas, and being on the south line of County Road 370, and the south line of a variable width right -of --way dedication, as dedicated by plat of Anna High School Addition, an addition to the City of Anna, according to the plat thereof, recorded in Instrument Number 2011477, Plat Records, Collin County, Texas; THENCE S 00°31'10" W, with the east line of said 111.666 acre tract, and the west line of said Facundo tract, a distance of 246.52 feet to a 3/8" rebar found at the southwest corner thereof, and being the northwest corner of West Crossing Phase 9, an addition to the City of Anna, according to the plat thereof, recorded in Instrument Number 2020=243, Plat Records, Collin County, Texas, THENCE S 00027159" W, with the east line of said 111,666 acre tract, and the west line of said West Crossing Phase 9, passing the southwest corner thereof, and being the northwest corner of West Crossing Phase 7, an addition to the City of Anna, according to the plat thereof, recorded in Instrument Number 2018-609, Plat Records, Collin County, Texas, continuing with the west line thereof, a total distance of 1574.05 feet to a 1/2" capped rebar set stamped "McAdams" at the southwest corner thereof, and being the northwest corner of West Crossing Phase 5, an addition to the City of Anna, according to the plat thereof, recorded in Instrument Number 201&554, Plat Records, Collin County, Texas, THENCE S 00024148" W, with the east line of said 111.666 acre tract, and the west line of said West Crossing Phase 5, a distance of 868.25 feet to a 1/2" capped rebar found stamped "JBI" at the southeast corner of the aforementioned 111,666 acre tract, and being the southwest corner of a 40' right -of --way dedication, as shown on said West Crossing Phase 5, and being on the north line of Hackberry Drive as dedicated by plat of Avery Pointe Phase 1, an addition to the City of Anna, according to the plat thereof, recorded in Instrument Number 2016454, Plat Records, Collin County, Texas; THENCE N 89008'24" W, with the south line of said 111.666 acre tract, and the north line of said Hackberry Drive, a distance of 988.77 feet to a 1/2" capped rebar found stamped ".181" at the common south corner of said Two4 Partners tracts of land, THENCE N 89049'39" W, with the south line of said 111.666 acre tract, and the north line of said Hackberry Drive, a distance of 316.19 feet to a 1/2" capped rebar set stamped "McAdams", from which the southwest corner of said 111.666 acre tract, and the southeast corner of that certain tract of land, described in deed to QJR Partnership, Ltd, recorded in Volume 5106, Page 2380, Deed Records, Collin County, Texas, bears N 88°4939" W, a distance of 535.51 feet, from which a 1/2" rebar found disturbed bears S 56131' E, 0.5 feet; THENCE over, across, and through said 111.666 acre tract, the following: N 00°00'00" E, a distance of 398.32 feet to a 1/2" capped rebar set stamped "McAdams" at a point of curvature, of a curve to the left; Northwesterly with the arc of said curve to the left, having a radius of 1200.00 feet, a central angle of 30°27'50", an arc length of 638.03 feet, and whose chord bears N 15°13'55" W, a distance of 630.55 feet to a 1/2" capped rebar set stamped "McAdams"; N 30°27'50" W, a distance of 391.27 feet to a 1/2" capped rebar set stamped "McAdams" at a point of curvature, of a curve to the right, Northwesterly, with the arc of said curve to the right, having a radius of 1000.00 feet, a central angle of 31°21'34", an arc length of 547.33 feet, and whose chord bears N 14°47'03" W, a distance of 540.52 feet to a 1/2" capped rebar set stamped "McAdams"; S 89°26'24" W, a distance of 15.28 feet to the west line of said 111.666 acre tract and to the east line of that certain tract of land, described in deed to QJR Partnership, Ltd, recorded in Volume 5106, Page 2380, Deed Records, Collin County, Texas, THENCE N 00�33'36" E, with the west line of said 111.666 acre tract, and the east line of said QJR Partnership tract, a distance of 784.11 feet to a 5/8" capped rebar found stamped "UA" at the northeast corner thereof, being the northwest corner of said 111.666 acre tract, and being on the south line of QJR Partnership tract recorded in Document Number 20020214000237330, Deed Records, Collin County, Texas; THENCE 5 89014'43" E, with the north line of said 111.666 acre tract, and the south line of said QJR Partnership tract, a distance of 33.88 feet to a 1" rebar found, and being on the west line of that certain called 59.534 acre tract of land, described in deed to Jonic Investments, recorded in Instrument Number 20150605000666010, Official Public Records, Collin County, Texas; THENCE 5 01016034" W, with the north line of said 111.666 and the west line of said Jonic Investments tract, a distance of 36.17 feet to a 5/8" rebar found on the south line of said County Road 370; THENCE N 87053154" E, with the north line of said 111.666 acre tract, and the south line of said Jonic Investments tract, passing at a distance of 680.35 feet, a 5/8" rebar found in said County Road 370, being the southwest corner of that certain called 2.460 acre tract of land, described in deed to the City of .Anna, recorded in Volume 4792, Page 2386, Deed Records, Collin County, Texas, continuing with the south line thereof, a total distance of 813.32 feet to a 5/8" rebar found in said County Road 370, from which a 5/8" rebar found for witness bears S 00*26' E, a distance of 30.0 feet, THENCE N 87036159" E with the south line of said City of Anna Tract, passing at 167.15 feet the southeast corner thereof, continuing with the south line of said Jonic Investments tract, a total distance of 472.80 feet to a 1/2" rebar found at the southeast corner thereof, being the southwest corner of said right -of --way dedication shown on Anna High School Addition; THENCE N 89035'09" E, with the north line of said Welch tract, and the south line of said right- of-way dedication, a distance of 517.45 feet to the POINT OF BEGINNING and containing approximately 97.716 acres of land ��4'•E�'+�RFTy ujr Q' O t1� DAMES A. STOWELL 6513 1 /28/2022 PID LEGAL. DESCRtPT10N 179.573 Acres Phase 111 BEING all that certain lot, tract, or parcel of land, situated in the Eli W. Witt Survey, Abstract Number 997, and the S. E. Roberts Survey, Abstract Number 786, Collin County, Texas, and being all of that certain called 80.000 acre tract of land, described in deed to Anacapn Laguna Azure, LLC, recorded in Document Number 20210819001679940, Real Property Records, Collin County, Texas, and being all of that certain called 95.444 acre tract of land described in deed to Anacapri Laguna Azure, LLC, recorded in Document Number 20210819001679920, Real Property Records, Collin County, Texas, and being more particularly described as follows: BEGINNING at a PK Nail found in at the intersection of County Road No. 369, and County Road No. 371, and being the northwest corner of that certain tract of land described in deed to Howard J Cox etal, recorded in Volume 1995, Page 577, Deed Records, Collin County, Texas; THENCE S 01 02921" W, with the east line of said 80.000 acre tract, and with the approximate center of the abandoned county road 369, a distance of 3021.11 feet to a 1/2" rebar found (disturbed), and being the northeast corner of that certain tract of land, described in deed to Anna Texas Land, LTD, recorded in Document Number 20140718000750570, Real Property Records, Collin County, Texas; THENCE N 88029'03" W, with the north line of said Anna Texas Land tract, and the south line of said 80.000 acre tract, passing at a distance of 1211.75 feet the southwest corner thereof, and being the southeast corner of said 95.444 acre tract, continuing with the south line thereof, a total distance of 1804.50 feet to a 1/2" capped rebar set stamped "MCADAMS" on the east line of that certain tract of land, described in deed to DR Horton -Texas LTD, recorded in Document Number 202102120000310470, Real Property Records, Collin County, Texas, THENCE with the common line of said 95.444 acre tract, and said DR Horton -Texas tract, the Following* N 00°34'00" W, a distance of 762.32 feet to a 1/2" capped rebar found; S 88°20'56" W, a distance of 967.09 feet, N 00°46'28" W, a distance of 1103.04 feet, N 01°17'06" W, a distance of 1185.78 feet to a point in the approximate center of County Road 371; THENCE S 89017' 15" E, with the north line of said 95.444 acre tract, and with said County Road 371, a distance of 1496.53 feet; THENCE S 88041144" E, with said Country Road 371, and with the north line of said 95.444 acre tract of land, passing at a distance of 190.26 feet a PK nail found at the northeast corner thereof, and being the northwest corner of said 80.000 acre tract, and continuing with the north line thereof, a total distance of 591.09 feet to a PK Nail found; THENCE S 88038119" E, with the north line of said 80.000 acre tract, and said County Road 371, a distance of 810.84 feet to the POINT OF BEGINNING and containing approximately 179.573 acres of land. �n �P'"°3011lf001B CITI' OF ANNA, TEAAS NOTICE OF PUBLIC HEARING REGARDING THE CREATION OF A PUBLIC Il"ROVEMENT DISTRICT Pursuant to Section 372.009(c) and (d) of the Texas Local Government Code, as amended (the "Act"), notice is hereby given that the City Council of the City of Anna, Texas ("City"), will hold a public hearing to accept public comments and discuss the petition (the "Petition"), filed by Anacapri Laguna Azure LLC, a Texas limited liability company (collectively, the "Petitioners"), requesting that the City create the Anacapri Public Improvement District (the "District") to include property owned by the Petitioners and further described herein (the "Property"). Time and Place of the Hearin. The public hearing will start at 6:30 p.m. on April 12, 2022 at the Anna I. S.D. Board Room, 201 E. 7th Street, Anna, Texas, or such other location as designated by the City. General Nature of the Proposed Authorized Improvements. The proposed public improvements include: (a) acquisition, construction and improvements, and maintenance of the improvements, consisting of (1) landscaping; (2) erection of fountains, distinctive lighting, and signs; (3) acquiring, constructing, improving, widening, narrowing, closing, or rerouting of sidewalks or of streets, any other roadways, or their rights -of -way, including related landscaping, lighting, traffic control devices, screening walls and retaining walls; (4) construction or improvement of pedestrian malls; (5) acquisition and installation of pieces of art; (6) acquisition, construction, or improvement of off-street parking facilities; (7) acquisition, construction, or improvement of water, wastewater, or drainage facilities or improvements; (8) the establishment or improvement of parks; (9) projects similar to those listed in (1)-(8); (10) acquisition, by purchase or otherwise, of real property or contract rights in connection with an authorized improvement; (11) special supplemental and maintenance services for improvement and promotion of the district, including services relating to advertising, promotion, health and sanitation, water and wastewater, roadways, public safety, security, business recruitment, development, recreation, and cultural enhancement (collectively, the "Authorized Improvements"); and (b) the payment of expenses incurred in the establishment, administration, and operation of the District, including maintenance costs, costs of issuance, funding debt service and capitalized interest reserves and credit enhancement fees of any bonds issued by or on behalf of the District, if necessary. These Authorized Improvements shall promote the interests of the City and confer a special benefit upon the Property. Estimated Cost of the Authorized Improvements. The estimated cost to design, acquire and construct the Authorized Improvements, together with bond issuance costs, eligible legal and financial fees, eligible credit enhancement costs and eligible costs incurred in establishment, administration and operation of the District is approximately $58,0001000. Proposed District Boundaries. The District is proposed to include approximately 284.952 acres of land generally located immediately to the non-thwest, west, and southwest of Anna High School, located within the city limits of the City and as more particularly described by a metes and bounds description available for public inspection at the office of the City Secretary, 111 N. Powell Parkway, Anna, Texas, Proposed Method of Assessment. The City shall levy assessments on each parcel within the District in a manner that results in imposing equal shares of the costs on property similarly benefited. All assessments may be paid in full at any time (including interest and principal), and certain assessments may be paid in annual installments (including interest and principal). If an assessment is allowed to be paid in installments, then the installments must be paid in amounts necessary to meet annual costs for those Authorized Improvements financed by the assessment, and must continue for a period necessary to retire the indebtedness of those Authorized Improvements (including interest). Proposed Apportionment of Cast between the District and the City. The City will not. be obligated to provide any funds to finance the Authorized Improvements, except for assessments levied on real property within the District and possible tax reinvestment zone revenue. No municipal property in the District shall be assessed. All of the costs of the Authorized Improvements will be paid from assessments and from other sources of funds, if any, available to the Petitioner. During the public hearing, any interested person may speak for or against the establishment of the District and the advisability of the improvements to be made for the benefit of the property within the District.