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HomeMy WebLinkAboutRes 2014-11-04 Subdivision Improvement Agreement (SIA) Anna Town Center 2nd AmendmentCITY OF ANNA, TEXAS RESOLUTION NO. 2014-11-04 A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A SECOND AGREEMENT AMENDING A SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS (THE "CITY") AND ANNA TOWN CENTER NO. 1/BRGT, LTD., ANNA TOWN CENTER NO. 2/BRTO, LTD., ANNA TOWN CENTER NO. 3/WARN, 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, 40 PGE, LTD., O.P. LEONARD, JR. INVESTMENT COMPANY, LTD., AND NANCY ALICE LEONARD INVESTMENT COMPANY, LTD., (COLLECTIVELY, "OWNER") AND ANNA CROSSING AMC, LTD., ("PAYEE"). WHEREAS, on February 11, 2014 the City Council of the City of Anna, Texas (the "City Council") approved a Subdivision Improvement Agreement (SIA) with the Owners of an approximate 634 acre tract of land located in the Grandison Stark Survey, Abstract No. 798, and; WHEREAS, the City, Owner, and Payee now desire to amend the SIA to define the maximum reimbursable amount for two (2) parcels of land that will become part of the right- of-way for CR 422; and WHEREAS, the City Council finds that approval of this Second Agreement Amending the SIA will benefit the City and is in the best interests of the citizens of Anna; 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 3. Approval of 2nd Agreement Amending Subdivision Improvement Agreement. The City Council hereby approves the Second Agreement Amending the Subdivision Improvement Agreement attached hereto as Exhibit 1, and authorizes, ratifies and approves the City Manager's execution of same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the amended Agreement. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the 13th day of November, 2014. ATTEST: %J�JOIill IluAPPROVED: 110 OF 4,� Nat a Wilkison, ity Secretary * ayor, Mike 6ist RES. 2014-11-04 2"d Agrmt Amending Subdivision Imprd�rt-�rt 1�Y1a Town Ctr PAGE 1 OF 1 l{llrII1I1 I I ! 1964`\\ 11-13-14 SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT This Second Agreement Amending Subdivision Improvement Agreement (this "Second Amendment") is entered into between and among the City of Anna, Texas (the "City") and Anna Town Center No. 1/BRGT, Ltd., Anna Town Center No. 2/13RTO, Ltd., Anna Town Center No. 3/WARN, 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, 40 PGE, Ltd., O.P. Leonard, Jr. Investment Company, Ltd., and Nancy Alice Leonard Investment Company, Ltd., (collectively, "Owner") and Anna Crossing AMC, Ltd., ("Payee") as follows: WHEREAS, Owner, Payee and the City are sometimes collectively referenced in this Second Amendment as the "Parties"; and WHEREAS, the Parties previously entered into a Subdivision Improvement Agreement ("SIA"), attached hereto as Exhibit 1, related to the Development of the Property; and WHEREAS, on September 11, 2014, the Parties entered into a First Agreement Amending Subdivision Improvement Agreement; and, WHEREAS, the City, Owner, and Payee now desire to amend the SIA to address the reimbursable cost association with the acquisition of certain rights-of-way; and WHEREAS, the capitalized terms used in this Second Amendment are as defined in the SIA unless expressly set forth to the contrary herein; and WHEREAS, it is the Parties' mutual intent that this Second Amendment shall govern only the subject matter specifically set forth herein and shall supersede any previous agreement between the Parties and City Regulations only to the extent that any such agreements or City Regulations directly conflict with the terms of this Second Amendment; and NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: SECTION 1 RECITALS INCORPORATED The recitals set forth above are incorporated herein as if set forth in full to further describe the Parties' intent under this Second Amendment and said recitals constitute representations by Owner, Payee and the City. SECTION 4 AMENDMENT TO SECTION 6 Section 6 paragraph (b)(2)(i) of the SIA is hereby amended by adding subparagraph "a." as follows: SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page 11 L Reimbursable Costs of the Roadway Facilities include all of the off-site, third -party property/easement acquisitions, if any, and engineering, design, and construction costs necessary for the Roadway Facilities; provided, however, that Reimbursable Costs as relates to third -party property/easement acquisitions shall be limited to the fair -market value of any property/easement acquired, plus any damages to the remainder, all as determined by a Licensed Appraiser selected by the City and Eminent Domain Fees. a. Notwithstanding the foregoing or any other provision in this Agreement, the Reimbursable Costs for right-of-way on the Hayslett Tract, further described in and attached hereto as Exhibit 2, shall be $4,000; and the Reimbursable Costs for right-of-way on the Cunningham Tract, further described in and attached hereto as Exhibit 3, shall be $10,000. SECTION 7 CONFLICTS AND EFFECTIVE DATE To the extent of any conflict between this Second Amendment and the SIA, this Second Amendment shall govern. The Effective Date of this Second Amendment is the date that the last of the Parties' signatures to this Second Amendment is fully and properly affixed to this Second Amendment and acknowledged by a public notary. The City's duties and obligations hereunder shall not arise unless and until the City Council has duly adopted this Second Amendment and Owner and Payee have duly executed same. [SIGNATURES PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page 12 Owner: Anna Town Center No. 1/BRGT, Ltd., a Texas Limited Partnership By: Anna Town Center No. 1/BRGT GP Corporation, a Texas Corporation, its Ge ralPartner r By: ,ate'' Richard M. Skorb rg, i reside t IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF fiC¢ Before me, the undersigned notary public, on the day of 2014, personally appeared Richard M. Skorburg, known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as President of Anna Town Center No. 1/BRGT GP Corporation, in its capacity as general partner for Anna Town Center No. 1/BRGT, Ltd. Notary Public, State of Texas ,,....u„ o1pPY PUq�� PATRICIA 5 E Notary Public, State of Texas y My Commission Expires bi"' ' June 30, 2015 rhruiU� SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page 13 Owner: Anna Town Center No. 2/BRTO, Ltd., a Texas Limited Partnership By: Anna Town Center No. 2/BRTO GP Corporation, a Texas Corporatio ;•its Ge I'Partner Richard M. Skorb rg, its PPI nt ',64 V r � IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF Before me, the undersigned notary public, on the/JL he day of 2014, personally appeared Richard M. Skorburg, known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as President of Anna Town Center No. 2/BRTO GP Corporation, in its capacity as general partner for Anna Town Center No. 2/BRTO, Ltd. o Notary Public, State of Texas �o�pRYPUa��; PATRICIA SNYDER Notary Public, State of Texas y :p5�e My Commission Expires June 30, 2015 SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page 14 Owner: Anna Town Center No. 3/WARN, Ltd., a Texas Limited Partnership By: Anna Town Center No. 3/WARN GP Corporation, a Texas Corporation, its Gen rtner By: ,a Richard M. Skorbarg, its Pr'e'y e, IN WITNESS WHEREOF: STATE OF TEXAS 1 COUNTY OF Before me, the undersigned notary public, on theZ�day of Zf'i'; 2.014, personally appeared Richard M. Skorburg, known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as President of Anna Town Center No. 3/WARN GP Corporation, in its capacity as general partner for Anna Town Center No. 3/WARN, Ltd. ~E a , p�p?Y?48 q PATRICIA SNYDER N tart' Public State of Texas Notary Public, State of Texas My Commission Expires June 30, 2015 SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page 15 Owner: Anna Town Center No. 4/SHRP, Ltd., a Texas Limited Partnership By: Anna Town Center No. 4/SHRP GP Corporation, a Texas Corporation, its Gen r -al -Partner By:, Richard M. SkorWr IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF �` § Before me, the undersigned notary public, on the D day of`srr, 2014, personally appeared Richard M. Skorburg, known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as President of Anna Town Center No. 1/SHRP GP Corporation, in its capacity as general partner for Anna Town Center No. 1/SHRP, Ltd. // ,x µ. PATRICIA SNYDER Notary Public, State of Texa Ge`°: Notary Public, State of Texas Nip„mac My Commission Expires June 30, 2015 SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page 16 Owner: Anna Town Center No. 5/HSLT, Ltd., a Texas Limited Partnership By: Anna Town Center No. 5/HSLT GP Corporation, a Texas Corporation, its Genera,IkPartner By: Richard M. Skorburg, its P es' IN WITNESS WHEREOF: STATE OF TEXAS § F § COUNTY OF _ — § Ott r Before me, the undersigned notary public, on theL2L day of (2 2014, personally appeared Richard M. Skorburg, known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as President of Anna Town Center No. 5/HSLT GP Corporation, in its capacity as general partner for Anna Town Center No. 5/HSLT, Ltd. "�"r"r"u"•, PATRICIA SNYDER Notary Public, State of Texas t -*` a$°� -f ��'2 Notary Public, State of Texas My Commission Expires June 30, 2015 SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page 17 Owner: Anna Town Center No. 6/LNRD, Ltd., a Texas Limited Partnership By: Anna Town Center No. 6/LNRD GP Corporation, a Texas Corporation, its Generpartner y By: %_ Richard M. Skorbu , its re's IN WITNESS WHEREOF: areNIX912 ':ie3-1 COUNTY OF § Before me, the undersigned notary public, on the day of personally personally appeared Richard M. Skorburg, known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as President of Anna Town Center No. 6/LNRD GP Corporation, in its capacity as general partner for Anna Town Center No. 6/LNRD, Ltd. F .t PATRICIA SNYDER Notary Public' State of Texas O,��NY PUB! 4 Notary Public, state of Texas 'N'. •5+ My Commission Expires June 30, 2015 SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page 1 8 Owner: Anna Town Center No. 7/LNRD, LLC, a Texas limited liability company, By: Skorburg ATC No. 7/LNRD, Ltd., a Texas Limited Partnership By: Skorburg ATC No. 7/LNRD GP Corporation, a Texas corporation, its Gen r-alVartner By: Richard M. Skorb.0 g, i s ar IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF Before me, the undersigned notary public, on the day of.ZC"� f014, personally appeared Richard M. Skorburg, known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as President of Skorburg ATC No. 7/LNRD GP Corporation, in its capacity as general partner for Skorburg ATC No. 7/LNRD, Ltd., in its capacity as managing member of Anna Town Center No. 7/LNRD, LLC. t t } w c Notary Public, State of Texas SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page ( 9 PATRICIA SNYDER of Texasotary Public, StateMy ff Commission Expires June 30, 2015 t t } w c Notary Public, State of Texas SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page ( 9 Owner: 40 PGE, Ltd., a Texas Limited Partnership By: 40 PGE GP Corporation, a Texas Corporation, its General �rtner By: f . Richard M. SkorburE t ~Pr IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF C, 'i e_._ § Before me, the undersigned notary public, on the X day of ��� �z�'`2014, personally appeared Richard M. Skorburg, known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as President of 40 PGE GP Corporation, in its capacity as gen rat partner for 40 PGE, Ltd. fr PATRICIA SNYDER Notary Public, State of Texas SPRY PSB i °^l Notary public, State of Texas My Commission Expires Juno 30, 2015 SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page 110 Owner: O.P. Leonard, Jr. Investment Company, Ltd., a Texas Limited Partnership By: Pecan TEX, LLC, a Texas Limited Liability Company, its General Partner By: O.P. "Paul" Leonard, Jr., its President IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF Before me, the undersigned notary public, on the / Ph day of //0 2014, personally appeared O.P Leonard, Jr., known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as President of Pecan TEX, LLC, in its capacity as general partner for O.P. "Paul" Leonard, Jr. Investment Company, Ltd. MARI K. WHITEMAN Notary Public, State of Texas =* ?* MY COMMISSION EXPIRES r {?° May 24, 2018 SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page 1 11 Owner: Nancy Alice Leonard Investment Company, Ltd. a Texas Limited Partnership By: Pecan TEX, LLC, a Texas Limited Liability Company, its General Partner 0.P1. Paul Leonard, J -President IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF a-mz ''t Before me, the undersigned notary public, on the � day of li," `�:, r f; 2014, personally appeared O.P. "Paul" Leonard, Jr., known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as Manager and President of Pecan TEX, LLC, in its capacity as general partner for Nancy Alice Leonard Investment Company, , Ltd. r MARIK.WHrrEMAN Notary Public, State of Texas * *= MY COMMISSION EXPIRES May 24, 2018 SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page 1 12 Payee: ANNA CROSSING AMC, LTD. By: ANNA CROSSING AMC GP C RATION 17 By: Richard M. Skorburvits res lv IMTT/1�►1: &�4Ln1:t to, 'Wei STATE OF TEXAS COUNTY OF AJAe Before me, the undersigned notary public, on the , day of MAU�- x' 2014, personally appeared Richard M. Skorburg, known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as President of Anna Crossing AMC GP Corporation, in its capacity as general partner for Anna Crossing AMC, Ltd. otipRYPpB��r PATRICIA SN:Expires R Notary Public, Staf Texas •'^�•' •P`OO My CommissioJune 30, 2 L..r� Notary Public, State of Texas fJ SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page 1 13 CITY OF ANNA By• Phi 'p Sanders, ity Manager IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OFL III'Ll Before me, the undersigned notary public, on the 4M day of ', ,,- , 2014, personally appeared Philip Sanders, known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as City Manager of the City of Anna, Texas. A Notary ublic, State 90exas " " 1 NATHA J WItKISON .,,.H",, \�My Commission Expires It 4 ��� Sk00 *0 November 13, 2017 SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page 1 14 ATTACHMENTS Exhibit 1— Subdivision Improvement Agreement (SIA) Exhibit 2 — Hayslett Tract Exhibit 3 — Cunningham Tract SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page 1 15 Exhibit 2 Right -of -Way Dedication 2,033 Square Feet or 0.047Acre Grandison Stark Survey, Abstract No. 798 Collin County, Texas November25, 2013 ,State High way No. S Exhibit (100' Right -of -war) IV 10 ta; _ - -ti-sign rook road' POB a �A ATFrR-J sign. cbisig 1/2 -IRF 0 o pp o c�, y 1Op• g0. WV ,g&. FH Scale: P400' Anno Town Center No. 4 � SHRP, L td Called 129 92 Acres (Tract 1) Vol. 5631, Pg. 2600, CCLR Coa,ntyRoad 422 (Rock Road) rock road•' g 4 = ° .. ' e as rock .. _ . /phalt 4 • , . Property Line per Houston & Texas Central Rodway Company (Called 200' Right—of—Way) Vol. V, Pg. 603, CCLR LINE BEARING DISTANCE L1 N19'48'29"E 46.24' L2 S34'53'43"E 28.89' L3 S89'35'55"E 59.91' L4 S19'48'29"W 22.16' L5 N89'00'39"W 84.61' Notes; 1) Survey was performed without the benefit of a title commitment. 2) Subject property affected by any or all easements of record. 3) Source bearing is based on GPS North as observed on July 31, 2013. 4) CM is a controlling monument. 5) Glas capped iron rods set at all property corners. 6) DART = Dallas Area Rapid Transit. 7) Right—of—Way for State Highway No. 5 established using Texas Department of Transportation Right—of—Way map dated October 1934. Glas .Land .S'urve E'W 2114 FM 1563 Wolfe City, Texas 75496 Office: (903) 496-2084 www.glaslandsurveying, com FA ...... .... . . .................cis.... ;.., 6081 �P r Exhibit 3 wJ Rlaht--of- Wa v Dedication 8,470 Square Feet or 0.994 Acre Grandison Stark Survey, Abstract No. 798 Collin County, Texas July 14, 2094 Exhlblt A r / Anna Town Center No. 4�SHRP, Ltd, l Called 129 92 Acres (Tract 1) VOL 5631, Pg, 2600, CCLR Scale: V"400' Lone AY 005 Easement (No width Specified) Vol 280, Pg. 242, CCLR Vol. 280, Pg. 246, CCiR [Location based on Gos Morkers as located in the field] County)?oad 422 Proposed— (Rock Road) Taylor -Drive sign gas m r. rook road PoBitAL e. ii S88°34'98"E 1/2 -IRF 434, �.34 gas mkr. 1 1 sfgnJ V � 1YV L2 N88 34'18"W 329.09' C9 b /4 � io h V lop- 8,470 Sq.Ft. or 0.194 Acre oN So. Part of called 19.211 Acre Tract Vol. 4802, Pg, 3431, CCLRcT ON / ON Property Line per Houston & i ON Texas Central Railway Company (Cal/ed 200' Right—of—lfroy) VO/ V, Pg. 603, CCLR Property Line per Called 19.211 Acre Tract (Called 100' Right—of—Way) Vol. 4802, Pg. 3431, CCLR Tommy Cunningham Called 19.211 Acres Vol, 4802, Pg. 3431, CLLR Notes: 1) Survey was performed without the benefit of a title commitment. 2) Subject property affected by any or all easements of record. 3) Source bearing is based on GPS North as observed on July 31, 2013. 4) CM is a controlling monument. 5) Gias capped iron rods set at all property corners. 6) DART = Dallas Area Rapid Transit LINE BEARING DISTANCE L1 Q 0��0 �, oeocOpO `o O ti O 6.73' L3 N 19'48'29"E 21.20' 000 V� wJ Rlaht--of- Wa v Dedication 8,470 Square Feet or 0.994 Acre Grandison Stark Survey, Abstract No. 798 Collin County, Texas July 14, 2094 Exhlblt A r / Anna Town Center No. 4�SHRP, Ltd, l Called 129 92 Acres (Tract 1) VOL 5631, Pg, 2600, CCLR Scale: V"400' Lone AY 005 Easement (No width Specified) Vol 280, Pg. 242, CCLR Vol. 280, Pg. 246, CCiR [Location based on Gos Morkers as located in the field] County)?oad 422 Proposed— (Rock Road) Taylor -Drive sign gas m r. rook road PoBitAL e. ii S88°34'98"E 1/2 -IRF 434, �.34 gas mkr. 1 1 sfgnJ V � 1YV L2 N88 34'18"W 329.09' C9 b /4 � io h V lop- 8,470 Sq.Ft. or 0.194 Acre oN So. Part of called 19.211 Acre Tract Vol. 4802, Pg, 3431, CCLRcT ON / ON Property Line per Houston & i ON Texas Central Railway Company (Cal/ed 200' Right—of—lfroy) VO/ V, Pg. 603, CCLR Property Line per Called 19.211 Acre Tract (Called 100' Right—of—Way) Vol. 4802, Pg. 3431, CCLR Tommy Cunningham Called 19.211 Acres Vol, 4802, Pg. 3431, CLLR Notes: 1) Survey was performed without the benefit of a title commitment. 2) Subject property affected by any or all easements of record. 3) Source bearing is based on GPS North as observed on July 31, 2013. 4) CM is a controlling monument. 5) Gias capped iron rods set at all property corners. 6) DART = Dallas Area Rapid Transit LINE BEARING DISTANCE L1 S10'31'22"W 13.27' L2 N89'35'55"W 6.73' L3 N 19'48'29"E 21.20' GlasLand Sarvey' 2114 FM 1563, Wolfe City, Texas 75496 Office.- (903 496-2084 www. glaslandsurveying. com MRS Firm No. 10193970 14 L9 well L 0 ' 016/ ON / C1 R=900.00' L=999.47' w Tan=55.81' W d=7°0547" Chord=S87°52'48"W Chord Length= 111.40' ...... ........................... 6081 P � H�E p � •suii��