HomeMy WebLinkAboutRes 2022-04-1145 Partial Release of Subdivision Improvement Agreement with Anna Crossing & Anna Town CenterCITY OF ANNA, TEXAS
RESOLUTION NO. 4z s ci � 11L[6
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A PARTIAL RELEASE OF
A SUBDIVISION IMPROVEMENT AGREEMENT IN A FORM APPROVED BY
THE CITY ATTORNEY, AS SHOWN IN EXHIBIT "A" ATTACHED HERETO,
AND PROVIDING FOR AN EFFECTIVE DATE,
WHEREAS, Anna Crossing AMC, Ltd., and Anna Town Center No. 1 thru No. 7 and
40 PGE, Ltd. have agreed to a partial release of Anna Crossing AMC, Ltd. from existing
Subdivision Improvement Agreements pertaining to the Anna Crossing development;
and,
WHEREAS, the City Attorney and City staff have reviewed the proposed partial release
documents; and,
WHEREAS, approval of the partial release will not reduce the obligations of Anna
Crossing AMC, Ltd., and Anna Town Center No. 1 thru No. 7 and 40 PGE, Ltd. to
construct public improvements required in the Anna Crossing subdivision in
accordance with City requirements; and,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Authorization.
The City Council hereby authorizes the City Manager to execute the partial release of
the Subdivision Improvement Agreement as shown in Exhibit "A" attached hereto.
Partial Release of Subdivision Improvement Agreement —Page 1
PASSED AND APPROVED by the City Council of the City of Anna,
Jay of , 20221
ewe
M,
44 (
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City Secretary, Carrie L. Land
APPROVED:
Texas, on this f6 h
Mayor, Nate Pike
K
Partial Release of Subdivision Improvement Agreement —Page 2
EXIIIBIT A
PARTIALLY RELEASED PROPERTY
LEGAL DESCRIPTION
Partial Release of Subdivision Improvement Agreement —Page 16
20220426000666420 04/2612022 01 58;34 PM PR 105
PARTIAL RELEASE OF
SUBDIVISION IMPROVEMENT AGREEMENT
STATE OF TEXAS
COUNTY OF COLLIN
This Partial Release of Subdivision Improvement Agreement (this "Release") is made this��
day of February, 2022, by and among the CITY OF ANNA, TEXAS (the "City"), ANNA TOWN
CENTER NO. 1/BRGT, LTD., ANNA TOWN CENTER NO. 2/BRTO, LTD., ANNA TOWN
CENTER NO. NWARN, LTD., ANNA TOWN CENTER NO. 4/SHRP, LTD., ANNA TOWN
CENTER NO. 5/HSLT, LTD., ANNA TOWN CENTER NO. 6/LNRD, LTD., ANNA TOWN
CENTER NO. 7/LNRD, LLC, AND 40 PGE, LTD., (collectively, the "Owner") and ANNA
CROSSING AMC, LTD. (the "Payee").
WHEREAS, on March 20, 2014, the Owner, O.P. LEONARD INVESTMENT COMPANY, LTD.,
NANCY ALICE LEONARD INVESTMENT COMPANY, LTD., Payee and City entered into that certain
Subdivision Improvement Agreement (as amended, the "SIA"). The SIA is binding upon a certain tract or
tracts of real property located in the City of Anna, Collin County, State of Texas (as described in the SIA,
the "Burdened Property"). A portion of the Burdened Property consists of a tract of real property
containing approximately 8.257 acres, more or less, located in the City of Anna, Collin County, Texas, as
further described in Exhibit A attached hereto (the "Partially Released Property").
WHEREAS, the Owners, the Payee and the City, pursuant to the terms and conditions contained in
this Release, desire to partially release the Partially Released Property from the SIA, and
WHEREAS, capitalized terms used herein shall have the meanings set forth in the SIA unless
expressly defined otherwise herein;
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the Owners, the Payee and the City agree as follows:
1. Except as set forth in paragraph 3, below, the SIA is hereby released as to the Partially Released
Property. Except as set forth in paragraph 3, below, no current or future owner of the Partially
Released Property shall have any rights, obligations or responsibilities with respect to the SIA.
2. Except as provided herein, the provisions of the SIA shall remain in full force and effect. This
release shall not in any way affect the SIA as it relates to any portion of the Burdened Property,
other than the Partially Released Property.
3. Notwithstanding any provision of this Release, the Partially Released Property shall continue
to be bound, requited, and subject to the SIA insofar as it relates to roadway impact fees and
the Impact Fee Reimbursement Agreement for Anna Crossing Phase 1C between the City and
Anna Crossing 40PGE, Ltd., dated May 29, 2020.
Partial Release of Subdivision Improvement Agreement — Page I
IN WITNESS WHEREOF, the parties below have executed this Release, to be effective as of the
date first written above.
[SIGNATURES TO APPEAR ON FOLLOWING PAGES[
Partial Release of Subdivision Improvement Agreement — Page 2
ANNA TOWN CENTER NO. 1BRGT, LTD.,
a Texas limited partnership
By: Anna Town Center No. 1BRGT GP Corporation,
a Texas corporation
Its General Parin
By: E z-
Adam J. Bu ek, Authori ig�/
STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on the 1— day of .[hj!0& 2Q�by
Adam J. Buczek, Authorized Signer for Anna Town Center No. 1BRGT GP Corpora on, a Texas
corporation, the General Partner of ANNA TOWN CENTER NO. lBRGT, LTD., a Texas limited
partnership, on behalf of said limited partnership.
a�`Y `�s HUMBERT0 JOHNSON
Notary 10 M732479174 No Pub fate of Texas
My Commission Expires
May 15, 2024
Partial Release of Subdivision Improvement Agreement — Page 3
ANNA TOWN CENTER NO.2/BRTO, LTD.,
a Texas limited partnership
By: Anna Town Center No. 2/BRTO GP Corporation,
a Texas corporation
Its General Partner
By:
Ada ek, Authoi igner
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on theda of 20 y���1
Adam J. Buczek, Authorized Signer for Anna Town Center No. 2/BRTO GP Corpo Lion, a Texas
corporation, the General Partner of ANNA TOWN CENTER NO, 2BRTO, LTD., a Texas limited
partnership, on behalf of said limited partnership.
0*5"-`-�
HUMBERTO JOHNSON Notary Pb is $t of Texas
Notary ID #132479174
My Commission Expires
May 15, 2024
Partial Release of Subdivision Improvement Agreement — Page 4
ANNA TOWN CENTER NO.3/WARN, LTD.,
a Texas limited partnership
By: Anna Town Center No. 3/WARN GP Corporation,
a Texas corporation
Its General Parin
By:
Ad B c ek, Autho ' i r
STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on the1111
l f l'\ day of 2(Wby
Adam J. Buczek, Authorized Signer for Anna Town Center No. 3/WARN GP Corpora , a Texas
corporation, the General Partner of ANNA TOWN CENTER NO. 3/WARN, LTD., a Texas limited
partnership, on behalf of said limited partnership.
trxr rye HumBEaTO JOHNSON Notary Pll 1C 8v of Texas
Notary ID #132479174 /V/
My Commission Expires
'rfortt� May 15, 2024
Partial Release of Subdivision Improvement Agreement — Page 5
ANNA TOWN CENTER NO.4/SHRP, LTD.,
a Texas limited partnership
By: Anna Town Center No. 4/SHRP GP Corporation,
a Texas corporation
Its General Partner
By:
Adam J. Bu a c, Authoriz 1e
STATE OF TEXAS §
COUNTY OF DALLAS
This instrument was acknowledged before me on the P day of cbV„w , 20Wby
Adam J. Buczek, Authorized Signer for Anna Town Center No. 4/SHRP GP Corpo n, a Texas
corporation, the General Partner of ANNA TOWN CENTER NO. 4/SHRP, LTD., a Texas limited
partnership, on behalf of said limited partnership.
tAV rys HUMBERTO JOHNSON Notary PtYc,7 of Texas
� My Commission Expires
May 15, 2024
Partial Release of Subdivision Improvement Agreement — Page 6
ANNA TOWN CENTER NO.5/HSLT, LTD.,
a Texas limited partnership
By: Anna Town Center No. 5/HSLT GP Corporation,
a Texas
Its Gent
M.
STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on the day of j�I 6VV 2022by
Adam J. Buezek, Authorized Signer for Anna Town Center No. 5/HSLT GP Corpora , a Texas
corporation, the General Partner of ANNA TOWN CENTER NO. 5/HSLT, LTD., a Texas limited
partnership, on behalf of said limited partnership.
to •�a HUMBERTOJOHNSON Notary Pub to fTexas
i Notary ID #132479174
My Commission Expires
�rE ov tE�� May 15, 2074
Partial Release of Subdivision Improvement Agreement — Page 7
ANNA TOWN CENTER NO. 6/LNRD, LTD.,
a Texas limited partnership
By: Anna Town Center No. 6/LNRD GP Corporation,
a Texas corporation
Its General Parm�
By:
Ada J. czek, An r' d 'i e
STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on the _ day of ( 2QL
Adam J. Buczek, Authorized Signer for Anna Town Center No. 6/LNRD GP Corpo on, a Texas
corporation, the General Partner of ANNA TOWN CENTER NO. 61LNRD, LTD., a Texas limited
partnership, on behalf of said limited partnership.
tsar nue:fly RTO JOHNSONotary In 117324791f sNotary P, }'c, a of Texas Commission Exp I/+�May 15, _.
�OF�
Partial Release of Subdivision Improvement Agreement — Page 8
ANNA TOWN CENTER NO. 7/LNRD, LLC,
a Texas limited liability company
By: Skorburg ATC No. 7/LNRD, Ltd.,
a Texas limited partnership
Its Managing Member
By: Skorburg ATC No. 7/LNRD GP Corporation,
a Texas corporation,
Its General Partin %
By:
Adam J. uczek, Au rized Signer
STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on the L day of 1� *V;I 2®®by
Adam J. Buczek, Authorized Signer for Skorburg ATC No. 7/LNRD GP Corporation, a 1'exWcorporation,
the General partner of Skorburg ATC No. 7/LNRD, Ltd., a Texas limited partnership, the Managing
Member of ANNA TOWN CENTER NO.7/LNRD, LLC., a Texas limited liability company, on behalf of
said company.
t�°� •�e Hl1MBERTO JOHNSON Notary
P 1 , S of Texas
z° rn NoGryle #732479174
� My Commission Expires
May 15, 2024
Partial Release of Subdivision Improvement Agreement —Page 9
40 PGE, LTD.,
a Texas limited partnership
By: 40 PGE GP Corporation,
a Texas corporation
Its General Partner
By:
Ad an . B c, Auth AS;
STATE OF TEXAS $
COUNTY OF DALLAS
This instrument was acknowledged before me on the day of Q20G6}
Adam J. Buczek, Authorized Signer for 40 PGE GP Corporation, a Texas corporation, the neral Partner
of 40 PGE, LTD., a Texas limited partnership, on behalf of said limited partnership.
OS�FY IysG H t,,y ID # J 247917SON Notary Pnbpq qt f Texas
z n Notary 10 O JOHN9174
My Commission
''For IV May 15, 2024Pires
Partial Release of Subdivision Improvement Agreement — Page 10
ANNA CROSSING AMC, LTD.,
a Texas limited partnership
By: WINDSOR HOMES ISAAC COVE LLC,
a Texas limited liability company,
Its General Pa
By:
AdArrJ. $ czek, Ant eqigner
STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on the flfday of 2Q;rby
Adam J. Buczek, Authorized Signer for Anna Crossing AMC GP Corporation, the G ral Partner of
ANNA CROSSING AMC, LTD., a Texas limited partnership, on behalf of said limited p ership.
=HUMBIERTDJOHNSON32479174 Notary Pu w e of Texas
on Expires 2024
Partial Release of Subdivision improvement Agreement — Page I I
CITY OF
By:
STATE OF TEXAS
COUNTY OF COLLIN
k / / Z-0 z z
This instrument was acknowledged before me on this !afk day of 20Q� by
�z.hi�r� as zt " of the City of Anna; exas on behalf of
sai
City.
aVotary Public, State of Texas
qn" CARRIE L. LAND
My Notary ID p 11419404 I
Expires Februaty4.2023 I nr /
Name Printed
My Commission - spires:
Partial Release of Subdivision Improvement Agreement — Page 15
EXHIBIT A
PARTIALLY RELEASED PROPERTY
LEGAL DESCRIPTION
SITUATED in the City of Anna, in the Granderson Stark Survey, Abstract No. 798 of Collin County, 'Texas and
being all of that certain called 1.324 acre tract of land described in a Special Warranty Deed to East Foster LLC.,
dated April 13, 2021 and recorded in Document No. 20210426000829880, Deed Records, Collin County, Texas
(D.R.C.C.T.) and also being all of that certain called 6.932 acre tract of land described as "Tract B" in a Special
Warranty Deed to East Foster LLC, dated April 13, 2021 and recorded in Document No. 20210426000829900,
D.R.C.C.T. and the consolidation of the two said tracts being more particularly described by metes & bounds as
follows:
BEGINNING at a 5/8 inch iron rod, topped with a plastic cap, stamped "RPLS 4838" (hereinafter referred to as
"with cap"), found at the southeast comer of the above described 1.324 acre East Foster LLC tract and an inside ell
corner for that certain called 2.762 acre tract of land described in a Special Warranty Deed to Anna Crossing
40PGE, Ltd., recorded in Document No. 20210524001039830, D.R.C.C.T, and said point being on the future north
right-of-way line of E. Foster Crossing Road (formerly known as County Road 421 — variable width public right-
of-way);
THENCE: North 89 deg. 11 inin. 45 sec. West, along the future north right-of-way line of said E. Foster Crossing
Road, at a distance of 145.03 feet, passing the southwest corner of said 1.324 acre tract and same being the
southeast corner of the above described 6.932 acre East Foster LLC tract and continuing along the future north
right-of-way line of E. Foster Crossing Road and the south line of said 6.932 acre tract for a total distance of 789.33
feet to a 5/8 inch iron rod with cap, found for the southwest corner of said 6.932 acre tract, at the intersection of
the future north right-of-way line of E. Foster Crossing Road and the future east right-of-way line of Vail Lane
(proposed 50' wide public right-of-way);
THENCE: Departing from the future north right-of-way of E. Foster Crossing Road, along the west line of said
6.932 acre tract and the future east right-of-way line of Vale Lane as follows:
North 44 deg. 11 min. 45 sec. West, a distance of 27.38 feet to a point for corner;
North 00 deg. 48 min. 56 sec. East, a distance of 166,85 feet to a point for corner at the beginning of a curve to the
left, having a radius of 325.00 feet, a central angle of 23 deg. 19 min. 32 sec. and a chord that bears North 10 deg.
50 min. 50 sec. West - 131.40 feet;
Northwesterly, along said curve to the left, an arc distance of 132.31 feet to a point for corner at the end of said
curve and the beginning of a reverse curve to the right, having a radius of 215.00 feet, a central angle of 22 deg. 19
min. 55 sec. and a chord that bears North 11 deg. 20 min. 38 sec. West - 106.51 feet;
Northwesterly, along said curve to the right, an arc distance of 107.19 feet to a point for corner at the end of said
curve;
Partiai Release of Subdivision Improvement Agreement— Page 16
EXHIBIT A
PARTIALLY RELEASED PROPERTY
LEGAL DESCRIPTION
North 00 deg. 10 min. 41 sec. West, a distance of 58.30 feet to a 5/8 inch iron rod with cap, found for the northwest
corner of said 6.932 acre tract, on the south line of that certain called 19.882 acre tract of land described in a
Special Warranty Deed With Vendor's Lien to Anna Crossing 40PGE, Ltd, recorded in Document No.
20190114000044870, D.R.C.C.T.;
THENCE: North 89 deg. 49 min. 19 sec. East, departing from the future east right-of-way line of Vail Lane, along
the common line of said 6.932 acre tract and said 19.882 acre Anna Crossing 40PGE tract, a distance of 514.65 feet
to a 5/8 inch iron rod with cap, found for the most northerly northeast corner of said 6.932 acre tract and same
being the northwest corner of that certain called 0.578 acre tract of land described as "Tract B" in a Special
Warranty Deed to Anna Crossing 40PGE, Ltd, recorded in Document No. 20210524001039820, D.R.C.C.T.;
THENCE: Departing from the south line of said 19.882 acre Anna Crossing 40PGE tract, along the common line
of said 6.932 acre tract and said 0.578 acre Anna Crossing 40 PGE tract as follows:
South 02 deg. 07 min. 59 sec. West, a distance of 64.76 feet to a point for an angle corner;
South 30 deg. 39 min. 41 sec. East, a distance of 47.85 feet to a point for an angle corner;
South 00 deg. 14 min. 58 sec. Fast, a distance of 23.04 feet to a point for corner at the beginning of a curve to the
left, having a radius of 11.00 feet, a central angle of 89 deg. 57 min. 12 sec. and a chord that bears South 45 deg. 13
min. 48 sec. East - 15.55 feet;
Southeasterly, along said curve to the left, an arc distance of 17.27 feet to a point for corner at the end of said curve;
North 89 deg. 47 min. 21 sec. East, a distance of 117.40 feet to a point for corner at the beginning of a curve to the
left, having a radius of 11.00 feet, a central angle of 38 deg. 48 min. 49 sec. and a chord that bears North 70 deg. 22
min. 50 sec. East - 7.31 feet;
Northeasterly, along said curve to the left, an arc distance of 7.45 feet to a point for corner at the end of said curve;
North 50 deg. 58 min. 19 sec. East, a distance of 20.10 feet to a point for corner at the beginning of a curve to the
right, having a radius of 4.00 feet, a central angle of 38 deg. 50 min. 28 sec. and a chord that bears North 70 deg. 25
min. 33 sec. East - 2.66 feet;
Northeasterly, along said curve to the right, an arc distance of 2.71 feet to a point for corner:
THENCE: North 89 deg. 52 min. 47 sec. East, at a distance of 15.39 feet, passing the southeast corner of said 0.578
acre tract and same being the northerly southwest corner of the above described 2.762 acre Anna Crossing 40PGE,
Ltd. tract and the northwest corner of the above described 1.324 acre East Foster LLC tract and continuing along
the common line of said 1.324 acre tract and said 2.762 acre tract for a total distance of 131.51 feet to a point for
corner at the beginning of a curve to the right, having a radius of 4,00 feet, a central angle of 44 deg. 58 min. 38 sec.
and a chord that bears South 67 deg. 37 min. 54 sec. East - 3.06 feet;
Partial Release of Subdivision Improvement Agreement — Page 17
EXHIBIT A
PARTIALLY RELEASED PROPERTY
LEGAL DESCRIPTION
THENCE: Continuing along the common line of said 1.324 acre East Foster LLC tract and said 2.762 acre Anna
Crossing 40PGE Ltd. tract as follows:
Southeasterly, along said curve to the right, an arc distance of 3.14 feet to a point for corner at the end of said curve;
South 45 deg. 04 min. 23 sec. East, a distance of 21.74 feet to a point for corner at the beginning of a curve to the
left, having a radius of 11.00 feet, a central angle of 44 deg. 56 min. 57 sec. and a chord that bears South 67 deg. 32
min. 18 sec. East - 8.41 feet;
Southeasterly, along said curve to the left, an arc distance of 8.63 feet to a point for corner at the end of said curve;
North 89 deg. 59 min. 46 sec. East, a distance of 34.13 feet to a point for the northeast corner of this tract;
South 01 deg. 02 min. 28 sec. West, a distance of 157.49 feet to a point for corner at the beginning of a curve to the
right, having a radius of 4.00 feet, a central angle of 89 deg. 51 min. 40 sec. and a chord that bears South 45 deg. 56
min, 07 sec. West - 5.65 feet;
Southwesterly, along said curve to the right, an arc distance of 6.27 feet to a point for corner at the end of said curve;
North 89 deg. 10 min. 14 sec. West, a distance of 7.92 feet to a point for corner at the beginning of a curve to the
left, having a radius of 15.00 feet, a central angle of 90 deg. 51 min. 01 sec. and a chord that bears South 45 deg. 24
min. 20 sec. West - 21.37 feet;
Southwesterly, along said curve to the left, an arc distance of 23.78 feet to a point for corner at the end of said curve;
South 00 deg. 01 min. 06 sec. East, a distance of 171.75 feet to the POINT OF BEGINNING and containing 359,667
square feet or 8.257 acres of land.
Filed and Recorded
Official Public Records
Stacey Kemp, County Clerk
Collin County, TEXAS
04/26/2022 01 :58:34 PM
$82.00 MMCOUEEN
20220426000666420
Partial Release of Subdivision Improvement Agreement — Page 18