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HomeMy WebLinkAboutRes 2012-02-06 PID Petition for Median FM 455.pdfCITY OF ANNA, TEXAS RESOLUTION NO. 2012-02-06 A RESOLUTION RECOGNIZING THE FILING OF A PETITION REQUESTING THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT AND CREATING A BODY TO PREPARE A SERVICE PLAN, ASSESSMENT PLAN, AND ASSESSMENT ROLL RELATING TO SAID PROPOSED DISTRICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, on January 23,2012 there was presented to the City of Anna, Texas (the "City") a petition (the nPetition") seeking the authorization to create a public improvement district (the "District"); and WHEREAS, said Petition described public improvements proposed to be made within the District; and WHEREAS, notice of a public hearing was published on February 10, 2012 in a newspaper of general circulation within the City and was mailed to the owners, as reflected on the tax rolls, of property subject to assessment in the District, giving interested persons the opportunity to appear and be heard; and WHEREAS, said public hearing is scheduled for Tuesday, February 28, 2012 at 7:30 p.m. in the City of Anna City Hall Administration Building 111 N. Powell Parkway, Anna, Texas, in order to hear any objections, testimony, and public comment regarding the authorization of the District and the proposed public improvements; and WHEREAS, all owners of property located within the proposed District and all other interested persons shall have the opportunity at such public hearing to speak for or against the creation of the District and the proposed public improvements; and WHEREAS, under Section 372.013 of Texas Local Government Code, V.T.C.A., as amended, the City Council desires to designate the City as the entity that shall prepare a proposed service plan, proposed assessment plan, and proposed assessment roll, and the City further designates the following persons to act on behalf of the City to prepare said items: City Manager, City Attorney, Planning Director, and Finance Director; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Res 2012-02-06 Filing of Petition to Create PID -FM 455 Page 1 02-14-12 Section 1. Recitals Incorporated. The City Council hereby approves the statements contained in the preamble of this resolution and finds that all statements are true and correct and incorporates the same in the body of this resolution as if set forth in full for all purposes. Section 2. Findings of the Council. The City Council, after receiving the Petition, hereby finds and determines that: (a) the Petition was filed with the City Secretary and was signed by owners of taxable real property representing more than 50% of the appraised value of taxable real property liable for assessment under the proposal, as determined by the current appraisal roll of the appraisal district in which the property is located, and by the record owners of real property liable for assessment under the proposal who constitute more than 50% of all record owners of property that is liable for assessment under the property; (b) the proposed public improvements described in the Petition are of the nature of the public improvements described in Section 372.003 of Texas Local Government Code, V.T.C.A., as amended, and are likely to be advisable and desirable improvements for the District in that the proposed public improvements will provide additional access through a median break on Farm to Market Road 455 for the properties within the proposed District and that, due to the area's close proximity to U.S. Highway 75 and North Powell Parkway, and a projected increase in traffic volume in the area and the potential number of residents and businesses in the District, such additional access will enhance the health and safety of all residents of the District and will provide necessary public access to properties within the proposed District; (c) the proposed public improvements are likely to promote the interests of the City and are of the nature that will confer a special benefit on all property within the District by enhancing the value of such property located within the District; Section 3. Creation of Body to Prepare Proposed Service Plan, Assessment Plan, and Assessment Roll. Based on the foregoing, the City creates the following body and directs its members to prepare a proposed service plan, assessment plan, and assessment roll and to present same to the City Council at the public hearing scheduled for February 28, 2012: City Manager, City Attorney, Planning Director, and Finance Director. Res 2012-Q2..()6 Filing of Petition to Cleate PIO -FM 455 Page 2 02-14-12 Section 4. Severability. It is hereby declared to be the intention of the City, that sections, paragraphs, clauses, sentences and phrases of this resolution are severable, and if any section, paragraph, clause, sentence or phrase of this resolution shall be declared unconstitutional or illegal by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this resolution since the same would have been enacted by the City without the incorporation in this resolution of any such unconstitutional or illegal section, paragraph, clause, sentence or phrase. Section 5. Effective Date. This resolution shall take effect immediately upon passage. PASSED AND APPROVED by the City Council of the City of Anna, Texas this the 14th day of February, 2012. ATTESTED: Res 2012-02-06 Filing of Petition to Create PIO -FM 455 Page 3 PETITION FOR THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT wrrHIN CITY OF ANNA, COLLIN COUNTY, TEXAS This petition (this "Petition',) is submitted and filed with the City of Anna City Secretary, City of Anna, Texas by Brookshire Grocery Company, a Texas corporation, Anna Market Center, Ltd., a Texas limited partnership, Independent Bank Oroup, and LBS Partners, Inc., a Texas corporation (collectively, the "Petitioners"), acting pursuant to the provisions of Chapter 372 of the Texas Local Government Code, as amended (the "Act"), requesting that the City of Anna, Texas (the ItCityll) create a public improvement district (the "Distrlcf') to include property owned by the Petitioners and additional adjacent property, the aggregate of said property being located within the corporate boundaries of the City as more particularly described and depicted on Exhibit A (petitioners' property and the adjacent property across FM 455 are collectively referred to herein as the c'Property"). In support of this Petition the Petitioners would present the following: Section 1. General Nature of the Authorized Improvements. The purpose of the District is to fund the following improvements (collectively, the "Authorized Improvements"): (a) payment of expenses incurred in the establishment, adminis1ration, and operation of the District; and (b) the design and construction of the public improvement projects authorized by the Act that allow paved access to the Property including without limitation all costs associated with constructing and paving a highway median break on FM 455 (W. White Street) that will provide access to the Property, and projects similar to those listed above, specifically including clearing, grading, and excavation work related to the same. These Authorized Improvements shall promote the interests ofthe City and confer a special benefit upon the Property. Section 2. Estimated Cost of the Authorized Improvements. The Petitioners estimate that the cost to fund the Authorized Improvements is $72,136.00, plus an estimated $3,000 for the City's administrative and legal fees. In no event shall the cost of the Authorized Improvements exceed $80,000.00 in the aggregate (the "Cap"). Section 3. Boundaries of the Proposed District. The District is proposed to include the Property described and shown on Exhibit A. Section 4. Proposed Method of Assessments. The City shaIllevy assessments on each owner of the Property within the District in a manner that l't."mllts in imposing equal shares of the costs on property similarly benefited. The owners of the Property in the District located on the north side of FM 455 shall be responsible for one-half of the total cost of the Authorized Improvements based on the percentage land area within the District located on the north side ofFM 455 owned by each property owner. The owners ofthe Property in the District located on the south side ofFM 455 shall be responsible for one-half of the total cost of the Authorized Improvements based on the percentage land area within the District located on the south side of FM 455 owned by each property owner. mrmoN FOR TIm CRBATION OF A PUBLIC IMPROVEMENT DISTRICT WITH1N ANNA, TBXAS All assessments are due and each Petitioner shall pay to the City its respective share of the cost of the Authorized Improvements (not to exceed the Cap set forth in Section 2 above) within thirty (30) days after receipt by the Petitioners of a copy of the Texas Department ofTransportation ("TXDOT") invoice or other written request from TXDOT to the City for payment of the cost of the Authorized Improvements; provi~however, that the City shall have the obligation to refund to each Petitioner the amount each Petitioner paid ifthe Authorized Improvements are not completed within ten years ofthe effective date of a Public Improvement District Agreement that relates to die Authorized Improvements and sets forth certain contractual obligations that Petitioners must meet with respect to the Authorized Improvements. Petitioners understand that the City may reject this petition and that inaction by the City with respect to approval of this Petition shall not be construed as approval ofthe Petition. The City may only approve this Petition by an official act ofdie City CounciJ and the City will not approve this Petition unless and until Petitioners have executed a Public Improvement District .Agreement that meets with the City's approval. The City shall be responsible for costs of the Authorized improvements that exceed the Cap set forth in Section 2 above. Seetion 5. Management of the Dtstrid. The Petitioners propose that the District be managed by the City. Section 6. Owners Request Establishment of the District. The person(s) signing this Petition requests the establishment ofthe District Section 8. Advisory Board. An advisory body may be established to develop and recommend an improvement plan to the City. The Petitioners propose that the District be established and managed without the creation ofan advisory body. This Petition has been signed by the owners of taxable real property representing more than 50% of the appraised value oftaxable real property liable for assessment under this proposal, 8S determined by the current roll of the app1'8.isal district in which the Property is located. This Petition is hereby filed with die City Secretary of the City of Anna, Texas in support of the creation of the District by the City Council of the City of Anna, Texas as herein provided. The undersigned requests that the City Council of the City of Anna, Texas grant its consent as above stated. Section 9. COUDterpart Exeeution. 11ris Petition may be executed in two or more identical original counterparts, each of which shall serve as an original and all of which together constitute one and the same agreement. Furthermore, the Parties' respective original signature and acknowledgement pages may be removed from the several counterparts and attached to one counterpart, so as to create one original instrument in recordable fonn. RESPECTFULLY SVBMfITED. on this th~3·.LC:~y of" 1"Mi.lI'y PmTrION FOR 11m CREATION OF A PUBlJC JMPIlOVBMBNT DISTRICT WITHIN ANNA.1EXAS Pagel [REST OF PAGE INTENTIONALLY LEFT BLANK] PETlTIONFOR THE CREATION OF A PUBLIC JMPROVBMBNTDlSTRICT'WITHIN ANNA. TBXAS ANNA MARKET CENTER: Anna Market Center, Ltd., a Texas limited partnership By: Anna. Market Center OP, llC, a Texas limited liability company, B:~Nam~ Title: President TIm STATE OF TEXAS § § COUNTY OF DALLAS § BEFORE ME, tho UDders!gned authority, on ~a ,2Od:perwma11y appeared Nancy E. Underwood, president 0 Anna Center OP, LLC, a Texas limited liability company, general partner of Anna Market Center, Ltd., a Texas limited partnership, known to me to be the person whose name is subscribed to the foregoing instrmnent, and acknowledged to me that she executed the same for the purposes and consideration therein expres~ in the capacity therein stated and as the act and deed of said company. Notary Pu: the State ofTexas and for PEITI10N FOIl TIm CRBATION OF A PUBliC lMPROVEMBNT DISTRICI' WITHIN ANNA,. TI!XAS PapS INDEPENDENT BANK: Independent Bank, a Texas' . '00 Its:___.;:;;....:;.:...L-''''''-______ THB STATE OF TEXAS § COUNTY OFC;' U'i'\ § § BEFORE ME, the undersigned authority, on Ja.nC(.4? I g • 2011, personally appeared iM~"c ~ f= V P ­ of Independent BaDIc, a Texas 8SSOciad.on. known to me to be the person whose name is subscribed to the foregoing instnnnem~ and acknowledged to me that he or she executed the same for the purposes and consideration therein ~in the c:apaclty therein stated and as the act and deed ofsaid banking association. Notary Public in and forRHONDAPOUARO the State of Texase~ STATE OF TEXAS :' 1Ir Notary Public Of My Comm. Exp. 07115ft!012 PBTn'ION FOR THB CRBATION OF A PUBlJC IMPIlOVSMSNT DISTlUCT wnHJN ANNA. TBXAS PROPERTY OWNERS: BROOKSHIRE: Brookshire Grocery Company, a Texas corporation THE STATE OF TEXAS § § COUNTY OF SMITH § ;:<tJl,A BEFORE ME, the undersigned authority, personally appeared J;;.n M(rMdt.n on ~lAAft ~ ~ ~tt, , :JL f?rtli~t ..:, is:~ of Brookshire Grocery Company, a Texas corporation, known to me to be the person whose name is subscn"bed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes and considemtion therein expressed, in the capacity therein stated and as the act and deed ofsaid corporation. the State of Texas PB1TI10N FOR 1HB CREATION OF A PUBUC IMPROVEMBNT DISTRICT wrrHlN ANNA. TBXAS LBS: LBS PARTNERS, INC., a Texas corporation TIlE STATE OF TEXAS § COUNTY OF e..., 1t~ ~ § § BEFORE ME, the undersigned authority, on :yOJt\.UCl..~ 1::L, 20ll,. personally appeared ~\ey F\~ \>dU.-A3c:!. , of LBS Partners, Inc., a Texas corporation, known to me to be the person whose name is subscribed to the foregoing instrument. and acknowledged to me that he or she executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said corporation. ~~~ Notary Public in and for the State of Texas ANN ELIZABETH STlfETER Notary Pubtic. State of Texas My Commisaion Expires AprH 18,2016 PBTITION FOIl nm CREATION OP APUBUC IMPROVIlMBNTDIS'I1UCT WITHIN ANNA. TBXAS Pagc7 EXHIBIT A Median Opening Ownership Information Ownership Information South side of West White Street Lot 1 Block A. Anna Market Center. Document Number 200806180 I 0002250 Brookshire Grocery Company -6.010 acres Lot 2 Block A, Anna Market Center, Docwnent Number 20080618010002250 Independent Bank -1.289 Acres Lot 3 Block A, Anna Market Center, Document Number 20080618010002250 Anna Market Center Limited -1.184 Acres Lot 4 Block A, Anna Market Center, Docwnent Number 20080618010002250 LBS Partners Inc. -0.991 Acres Lot 5 Block A, Anna Market Center, Document Number 20080618010002250 Anna Market Center Limited -1.382 Acres Lot 6 Block A, Anna Market Center, Document Nwnber 20080618010002250 Anna Market Center Limited -1.977 Acres Ownership Information North side of West White Street Lot 1 Block A, Summer Hill Addition, Document Number 20110124010000170 Pottsboro Lube LC (Kwik Kar) -0.63 Acres Tract 1, Part of Deed Document Number 20071205001623100 Anna 455 Commercial -10.70 Acres See Attached Description Tract 2, Part ofthe remainder of 157.844 Acres in Vol. 3346, Pg. 764 Described in Vol. 736, Pg 589 The Rudman Partners 9.15 Acres See Attached Description MEDIAN OPENING PARCEL MAP Description for Tract 1 Being a tract of land situated in the P.T. Duffau Survey, Abstract Number 288, in the City of ~Collin County, Texas, and being part ofthat 20 acre tract ofland described by deed to Anna 455 Commercial, LP. as recorded under Document Number 20071205001623100, Deed Records, of Collin County Texas; said tract being more particularly described by the metes and bounds as follows: COMMENCING from the southeasterly comer ofsaid 20 acre tract, same being in the northerly line of West White Street at a point; THENCE North 86 degrees 48 minutes 33 seconds West a distance of 67.12 feet to a point for comer; THENCE North 88 degrees 43 minutes 33 seconds West a distance of 1.31 feet to a point for comer; 11ffiNCE North 01 degrees 16 minutes 27 seconds East a distance of237.0 feet to a point for comer; THENCE North 88 degrees 43 minutes 33 seconds West a distance of 126.5 feet to a point for comer; THENCE South 01 degrees 16 minutes 27 seconds West a distance of237.0 feet to a point foreamer; THENCE North 88 degrees 43 minutes 33 seconds West a distance of483.04 feet to a point for comer; THENCE North 01 degrees 06 minutes 52 seconds East a distance of727.04 feet to a point for comer; THENCE South 88 degrees 53 minutes 08 seconds East a distance of 680.21 feet to a point foreamer; THENCE South 00 degrees 47 minutes 01 seconds West a distance of554.40 feet to a point for comer; THENCE South 02 degrees 53 minutes 27 seconds west a distance of 176.87 feet to the POINT OF BEGINNING and containing 10.70 acres of Land More or less. .J.II_II_/l.II.II_IIJIUL~',ti.{¥.l.1?;t§;.Ji'.'I.II_'I_II.II_'I.II_Il_II.1 ••1'.1'.11.''1· •­ • • • • • • • I • wi ~ 10:: Sol .-:: z! ':,t'0:: r-"I N:­ r-. I • I • • • • • • • • Tract 1 ANNA 455 COMMERCIAL 10.70 AC. t26.50· lU'!W~~~:Y~~':'i. - ;'11.".11_11 ..._11 ....11.".,1.11.11.11.".11_"_"_11_11. 483.04' N 88'43'33' W WEST WHITE STREET 1.31' N OO'43'33H F.M. HWY. NO. 455 ~ i ~ "'<0 i;: in ~o 10i;i • ::N w! . ~ ~i (0:: !:~ z~oi 0:::". r<}:::3I?N~!e /-II_~lIj'-POB '\. 67.12' N 86'48'33" W i­ • i • ::31;: J ~ -..q. ib r i<;J =..f • ~ • I I I •i I • I I r-­ ;;r-. If'l ~ I:n j... Description for Tract 2 Being a tract ofland situated in the F.T. Duffau Survey, Abstract Number 288, in the City of Anna, Collin County, Texas, and being part of 157.844 acre tract ofland conveyed to Rudman Partnership, by deed as recorded in Volume 3346, Page 764, Deed Records, of Collin County Texas; said tract being more particularly described by the metes and bounds as follows: COMMENCING from a point that bears South 00 degrees 45 minutes 31 seconds West a distance of 24.78 feet ftom the southwest comer oflot 32 block A of the Settlers' Way Addition in the city ofAnna according to the plat recorded in Cabinet "p", Page 967 ofthe Official Public Records of Collin County Texas to the POINT OF BEGINNING; THENCE North 87 degrees 23 minutes 30 seconds West a distance of 329.73 feet to a point for comer; THENCE North 01 degrees 05 minutes 29 seconds East a distance of220.49 feet to a point for comer; TIIENCE South 78 degrees 01 minutes 29 seconds West a distance of 154.18 feet to a point for comer; THENCE South 03 degrees 07 minutes 29 seconds West a distance of 180.84 feet to a point for comer; THENCE North 86 degrees 48 minutes 33 seconds West a distance of 99.72 feet to a point for comer; THENCE North 02 degrees 53 minutes 27 seconds East a distance of 176.87 feet to a point for comer; THENCE North 00 degrees 47 minutes 01 seconds.East a distance of 554.40 feet to a point for comer; TIIENCE South 88 degrees 53 minutes 08 seconds East a distance of578.95 feet to a point for comer; THENCE South 00 degrees 45 minutes 31 seconds West a distance of 748.24 feet to the POINT OF BEGINNING and containing 9.15 acres of Land More or less. •••••• J .1 ~ Cj .2J 0: .... '¢: ~ •i I ••i Tract 2 THE RUDMAN PARlNERSHIP 9.15 AC. WEST WHITE STREET F.M. HWY. NO. 455