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.
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Tract 1
ANNA 455
COMMERCIAL
10.70 AC.
t26.50·
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;'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
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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.
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Tract 2
THE RUDMAN
PARlNERSHIP
9.15 AC.
WEST WHITE STREET
F.M. HWY. NO. 455