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P&Z 2022-10-03 Regular Meeting Packet
Agenda 10-03-2022 Page 1 of 2 Posted 09-30-2022 AGENDA PLANNING AND ZONING COMMISSION MONDAY, OCTOBER 3, 2022 @ 7:00 P.M. The Planning and Zoning Commission of the City of Anna will hold a meeting at 7:00 p.m. on Monday, October 3, 2022, at the Municipal Complex located at 120 W. 7th Street, to consider the following items: 1. Call to Order and Establishment of Quorum 2. Invocation and Pledge of Allegiance 3. Neighbor Comments: At this time, any person may address the Planning & Zoning Commission regarding an item on this meeting agenda that is not scheduled for public hearing. Also, at this time any person may address the Commission regarding an item that is not on this meeting agenda. Each person will be allowed up to 3 minutes to speak. We are encouraging neighbors who wish to have their comments included, e-mail Lauren Mecke, Planning Manager (LMECKE@annatexas.gov) by October 3, 2022, no later than 3:00 PM so it may be read into the record. No discussion or action may be taken at this meeting on items not listed on this agenda, other than to make statements of specific factual information in response to a citizen’s inquiry or to recite existing policy in response to the inquiry. 4. Location Map 2023 Planning & Zoning Submittal Calendar 5. Review/Discuss/Action on the 2023 Planning & Zoning Submittal Calendar. Consent Items 6. Consider/Discuss/Action to approve minutes of the September 6, 2022 Planning & Zoning Commission Meeting. 7. Consider/Discuss/Action on the Anna Christian Friendship, Block A, Lot 1, Development Plat. Applicant: Anna Christian Fellowship. 8. Consider/Discuss/Action on the CR505 Addition, Block A, Lot 1, Development Plat. Applicant: Tom Hayes. 9. Consider/Discuss/Action on the Arden Park, Phase 1, Final Plat. Applicant: Arden Park Owner TX LLC, a Delaware limited liability company. 10. Consider/Discuss/Action on the Arden Park, Phase 1, Site Plan. Applicant: Arden Park Owner TX LLC, a Delaware limited liability company. 11. Consider/Discuss/Action on The Woods at Lindsey Place, Phase 1, Final Plat. Applicant: D.R. Horton. 12. Consider/Discuss/Action on The Woods at Lindsey Place, Block L, Lot 9X, Site Plan. Applicant: D.R. Horton. 13. Consider/Discuss/Action on the Avery Pointe Commercial, Block A, Lots 1-5, Replat. Applicant: Davis Group, Aston Gray, LLC & Retail Buildings, Inc. W FOSTER CROSSING RD COUNTY ROAD 373 W WHITE ST E FM 455SFERGUSONPKWYHACKBERRY DR FM 2862 E WHITE ST E FOSTER CROSSING RD W ROSAMOND PKWY WFM455 E OUTER LOOP R D SAM R A Y B U R N H W Y W OUTER LOOP RD NPOWELLPKWYSPOWELLPKWYS A M R A Y B U R N M EM O RIA LH W Y¬«5 ¬«121 £¤75 15 9 & 10 19 & 20 7 21 & 22 13 8 16 & 17 14 12 11 23 18 City of Anna, October 3, 2022 Planning & Zoning Meeting Map Source: City of Anna GIS Date: 9/29/2022 DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Anna. Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Anna, its officials or employees for any discrepancies, errors, or variances which may exist.Document Path: H:\Notification Maps\P&Z Overview Maps\P&Z Overview Maps.aprx 0 0.75 1.5 Miles´ Agenda Items City Limits ETJ Parcels 1:66,000 Item No. 5. Planning and Zoning Commission Agenda Staff Report Meeting Date: 10/3/2022 Staff Contact: Lauren Mecke AGENDA ITEM: Discussion and Direction regarding the 2023 Planning & Zoning Commission meeting dates. SUMMARY: Discussion and Direction regarding the 2023 Planning & Zoning Commission meeting dates. Due to state law requiring plans and plats to be acted upon within 30 days of submittal, it is important for staff to have these dates decided before the January 2023 submittal date. Staff has prepared a draft 2023 calendar for your review. There are three holidays that would impact the July, September, and January 2024 Planning & Zoning Commission meetings. The July 4th holiday falls on a Tuesday in 2023. The meeting could be: Monday, July 3rd Wednesday, July 5th Thursday, July 6th Monday, July 10th Labor Day weekend always conflicts with the September Planning & Zoning Commission meeting. The Budget Manager, Teri Dobby, has stated that City Council will be holding a budget-related meeting on Tuesday, September 5th. Therefore, we recommend Wednesday, September 6th for the September 2023 Planning & Zoning Commission Meeting. January 1, 2024 is on a Monday and is a city holiday. We recommend Tuesday, January 2, 2024 for the January 2024 Planning & Zoning Commission meeting. FINANCIAL IMPACT: N/A STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 4: High Performing, Professional City STAFF RECOMMENDATION: ATTACHMENTS: 1. 2023 submittal calendar APPROVALS: Salena Tittle, Planner II Created/Initiated - 9/28/2022 Salena Tittle, Planner II Approved - 9/28/2022 Lauren Mecke, Planning Manager Approved - 9/28/2022 Ross Altobelli, Director of Development Services Final Approval - 9/28/2022 2023 - ZONING, PLAN, AND PLAT SUBMITTAL CALENDAR All dates are tentative and may be adjusted for holidays, meeting cancellations, etc. *No later than 4:00 P.M. on the submittal day **Corrected plans MUST be returned to Planning by 11:00 A.M. *SUBMITTAL DATE 1st Wednesday following a regularly scheduled P&Z meeting 1ST REVIEW MEETING (STAFF) STAFF COMMENTS AVAILABLE **CORRECTED PLANS RETURNED P&Z DATE ZONING & RESIDENTIAL REPLAT PUBLIC HEARING NOTICES (STAFF) CITY COUNCIL DATE 1st Monday of the month 18 days prior to CC Date (15 days Required) 2nd & 4th Tuesday of the month Dec 07, 2022 12/16/22 12/19/22 12/23/22 (Friday)01/03/23 01/10/23 01/06/23 01/24/23 Jan 06, 2023 (Friday)01/13/23 01/17/23 (Tuesday)01/23/23 02/06/23 02/14/23 02/10/23 02/28/23 Feb 08, 2023 02/17/23 02/21/23 (Tuesday)02/27/23 03/06/23 03/14/23 03/10/23 03/28/23 Mar 08, 2023 03/17/23 03/20/23 03/27/23 04/03/23 04/11/23 04/07/23 04/25/23 Apr 05, 2023 04/14/23 04/17/23 04/24/23 05/01/23 05/09/23 05/05/23 05/23/23 May 05, 2023 (Friday)05/12/23 05/15/23 05/22/23 06/05/23 06/13/23 06/09/23 06/27/23 Jun 07, 2023 06/16/23 06/20/23 06/26/23 07/10/23 (or 07-03 thru 07-07) 07/11/23 07/07/23 07/25/23 Jul 07, 2023 (Friday)07/14/23 07/17/23 07/24/23 08/07/23 08/08/23 08/04/23 08/22/23 Aug 09, 2023 08/18/23 08/21/23 08/28/23 09/06/23 (Wednesday)09/12/23 09/08/23 09/26/23 Sep 06, 2023 09/15/23 09/18/23 09/25/23 10/02/23 10/10/23 10/06/23 10/24/23 Oct 06, 2023 (Friday)10/20/23 10/23/23 10/30/23 11/06/23 11/14/23 11/22/23 (Wednesday)12/12/23 Nov 08, 2023 11/17/23 11/20/23 11/27/23 12/04/23 12/12/23 12/22/23 01/09/24 Dec 06, 2023 12/15/23 12/18/23 12/22/23 (Friday)01/02/24 (Tuesday)01/09/24 01/05/24 01/23/24 Item No. 6. Planning and Zoning Commission Agenda Planning Staff Report Meeting Date: 10/3/2022 Staff Contact: Salena Tittle AGENDA ITEM: Consider/Discuss/Action to approve minutes of the September 6, 2022 Planning & Zoning Commission Meeting. SUMMARY: September 6, 2022 Planning & Zoning Commission Meeting Minutes. FINANCIAL IMPACT: N/A STATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 4: High Performing, Professional City STAFF RECOMMENDATIONS: ATTACHMENTS: 1. 09-06-2022 PZ Minutes Page 1 of 7 MINUTES PLANNING AND ZONING COMMISSION September 6, 2022 The Planning and Zoning Commission of the City of Anna held a meeting at 7:0 0 p.m. on September 6, 2022, at the Anna ISD Board Room located at 201 E. 7th Street, to consider the following items. 1. Call to Order and Establishment of Quorum The meeting was called to order at 7:00 p.m. Commissioners present were Kelly Patterson-Herndon, David Nylec, Douglas Hermann, Michelle Clemens, and Staci Martin. Commissioners absent were Dennis Ogan and Paul Wenzel. Staff present was Ross Altobelli, Lauren Mecke, and Salena Tittle. 2. Invocation and Pledge of Allegiance Commissioner Hermann gave the invocation and Commissioner Nylec led the Pledge of Allegiance. 3. Citizen Comments: At this time, any person may address the Planning and Zoning Commission regarding an item on this meeting agenda that is not scheduled for public hearing. Also, at this time any person may address the Commission regarding an item that is not on this meeting agenda. Each person will be allowed up to three (3) minutes to speak. No discussion or action may be taken at this meeting on items not listed on this agenda, other than to make statements of specific factual information in response to a citizen’s inquiry or to recite existing policy in response to the inquiry. 4. Location Map Consent Items Commissioner Clemens advised that she would like to pull Consent Agenda Item 13 from the Consent Agenda fo r discussion. Chairwoman Patterson-Herndon advised that she would like to pull Consent Agenda Item 15 from the Consent Agenda for discussion. A motion was made by Commissioner Hermann, seconded by Commissioner Clemens to recommend approval of consent items 5-12, 14, and 16-17. The vote was unanimous. 5. Consider/Discuss/Action to approve minutes of the July 5, 2022 and the August 1, 2022 Planning & Zoning Commission Meeting. 6. Consider/Discuss/Action on The H.M. Estates, Block A, Lot 1, Development Plat. Applicant: Hallee Murphy. 7. Consider/Discuss/Action on The Melgar Estates, Block A, Lot 1, Development Plat. Applicant: Jose Melgar. 8. Consider/Discuss/Action on the J & T Moore Addition, Block A, Lots 1 & 2, Final Plat. Applicant: J ason Moore. 9. Consider/Discuss/Action on the Anna 455 Addition, Block A, Lots 5 & 6, Final Plat. Applicant: Brakes Plus, LLC. 10. Consider/Discuss/Action on the Anna 455 Addition, Block A, Lot 6, Site Plan. Applicant: Brakes Plus, LLC. 11. Consider/Discuss/Action on the Arden Park, Phase 1, Final Plat. Applicant: Arden Park Owner TX LLC, a Delaware limited liability company. Page 2 of 7 12. Consider/Discuss/Action on the Arden Park, Phase 1, Site Plan. Applicant: Arden Park Owner TX LLC, a Delaware limited liability company. 13. Consider/Discuss/Action on the Anna Crossing, Phase 10, Preliminary Plat. Applicant: Anna Town Center No. 7 / LNRD LLC. 14. Consider/Discuss/Action on the Strickland Brothers Center Addition, Block A, Lots 1 -3, Preliminary Plat. Applicant: Rufus Duncan / Yellow W Land Co. 15. Consider/Discuss/Action on the Anacapri Laguna, Block A, Lots 1 & 3, Site Plan. Applicant: Anacapri Laguna Azure, LLC. 16. Consider/Discuss/Action on the Anna Ranch, Phase 1B, Block P, Lot 1X, Site Plan. Applicant: Gehan Homes LTD. 17. Consider/Discuss/Action on the Villages of Waters Creek, Block B, Lot 1, Site Plan. Applicant: Anna 51 Joint Venture. Items for Individual Consideration Discussion on Consent Agenda Item 13: Mr. Altobelli introduced the item. The applicant is requesting approval of a Preliminary Plat. The Preliminary Plat is recommended for approval. Commissioner Clemens asked if the applicant was proposing any amenities, pocket parks, or play areas for the residential community. Mr. Altobelli pointed out on the plan, where there will be a potential trail and the drainage and detention easement that is an open area for the potential of being a playground. Mr. Altobelli advised that those two specif ic sites were the only called out on this specific plat. Commissioner Clemens asked if the developer was Pulte Homes. Mr. Altobelli advised yes. Commissioner Clemens advised that it did not look like there were going to be any playgrounds or pocket p arks in Phase 8 or Phase 9 that are in the process of completion. Commissioner Clemens asked staff if there were going to be any playgrounds or amenities for all of the residents in that community. Mr. Altobelli said he would defer to the applicant for that information. A representative with Pulte Homes, Kendall Emerett, advised the Commission that Phase 9 will have roughly 2.5 acres of land that will have, roughly, a 2,000 square foot amenity center with a little bit of common area as well. Commissioner Clemens asked if the amenity center will be an indoor facility. Mr. Emerett advised that it will be a fully enclosed air-conditioned amenity center with a porch overhang and will serve the residents of Phase 8, 9, and 10. Commissioner Clemens asked if it met the 1 acre per 50 lots open space requirement. Mr. Altobelli advised that this development and its phasing was approved back in 2016 at which time the parkland dedication would serve all of the proposed phases. Commissioner Clemens asked if Leonard Avenue would be complete before these new phases were done. Mr. Altobelli advised that Phase 8 is required to construct their portion of Leonard Avenue prior to homes g oing vertical. Page 3 of 7 Commissioner Clemens asked if that pertained to Phase 9 & Phase 10 as well. Mr. Altobelli advised that the entire western portion of Leonard Avenue would be built with Phase 10. Commissioner Martin asked if they were all sharing the amenity area and open space. Mr. Altobelli answered yes. A motion was made by Commissioner Clemens, seconded by Chairwoman Patterson-Herndon to approve the Preliminary Plat. The vote was unanimous. Discussion on Consent Item 15: Mr. Altobelli introduced the item. The applicant is requesting approval of a Site Plan. The Site Plan is recommended for approval. Chairwoman Patterson-Herndon explained that she understands this project will have an HOA but asked if it was supposed to be open to the public as well. Mr. Altobelli confirmed that there will, in fact, be an HOA, but as part of the zoning, it will be open to the public. Chairwoman Patterson-Herndon asked if there was going to be a provision for which side will be HOA and which side will be public or if it will be a free for all. Mr. Altobelli advised that he cannot comment on that, but that there will be amenities available for the residents within the subdivision. Chairwoman Patterson-Herndon asked if there was any kind of projected estimate of possible revenue that will be brought into the city. Mr. Altobelli explained that was not something planning had or could answer. A motion was made by Chairwoman Patterson-Herndon, seconded by Commissioner Martin to approve the Site Plan. The vote was unanimous. 18. Conduct a Public Hearing/Consider/Discuss/Action on a request to rezone 98.0± acres located on the south side of E. White Street, 500± feet east of S. Interurban Street from AG Agricultural District, SF -E Single-Family Residential and Planned Development (Ord. No. 145-2004) to Planned Development. Applicant: Rising Wakulla Investments, L.P. Mr. Altobelli introduced the item. The applicant is proposing to rezone from AG, SF-E, and Planned Development to Planned Development to allow for a residential and commercial development with modified development standards. The zoning request is recommended for approval. Commissioner Clemens asked who was going to be responsible for the pond. Mr. Altobelli advised that the detention pond would be privately owned and maintained by the Homeowners Association. Commissioner Clemens asked if it was going to be an empty pond that remains dry and catches water. Mr. Altobelli said he would allow the applicant to answer that question when they make their presentation. Commissioner Nylec asked about the screening. Mr. Altobelli went into the detail of what is required and what the applicant is proposing. Page 4 of 7 Commissioner Clemens asked if the wrought iron fencing being proposed by the applicant was still going to expose homeowners back yards. Mr. Altobelli explained that there would be a 3-foot berm that would help the residents with privacy as well as landscaping. Commissioner Clemens asked who would be responsible for the fencing. Mr. Altobelli explained that it would be the HOA’s responsibility with uniform fencing requirements. The Public Hearing was opened at 7:27 p.m. Mr. John Vick, the applicant, gave a brief presentation regarding the proposed development. Chairwoman Patterson-Herndon asked if the garages shown in the presentation were detached garages. Mr. Vick answered yes. Chairwoman Patterson-Herndon asked if they would have any cover from the garage to the house. Mr. Vick explained that some will have walkways, and some will have covered walkways but not all of them. Commissioner Clemens advised the applicant that she would hate for them to try to re -create Anna Town Square because it would look like Anna Town Square. She proceeded to explain that residents in Anna Town Square were placing mesh along their wrought iron fences because the berm wasn’t high enough and they did not want passerby’s looking into the backyards. Wrought iron is not something residents want, and they complain about. Commissioner Nylec advised that he also lives in Anna Town Square, and he agrees with Commissioner Clemens. Commissioner Clemens explained that it would be nice if they spent a little bit more money into something that would look nicer and last longer. Mr. Vick advised that he understood what the Commission was asking for but that they were trying to meet the city ’s requirements and what the city would like. He continued to explain that a masonry wall would be prohibitively expensive but that they are open to suggestions that the Commission would like to see. Chairwoman Patterson-Herndon asked the applicant if they would do a prefabricated wall that looked like stone. Mr. Vick advised that would be expensive and they would not like that at all. Mr. Altobelli made a correction to the stipulation written into the ordinance that requires a 6-foot wood fence, stained and sealed of uniform design and height shall be constructed along the side and rear lot lines for homes a djacent to the 10-foot landscape buffer and 40-foot landscape buffer. A few Commissioners agreed that would be better and they feel more comfortable with t hat than a wrought iron fence. Commissioner Clemens explained that Anna Town Square does not have trails. Sid ewalks are just that, they are not trails. Trails would be nice along the green spaces within the proposed development. Mr. Vick said he believes they will have a combination of both, sid ewalks and trails and will place them in the areas best suited for such. Mr. Altobelli clarified that in the Parks Master Plan, there is a trail shown that would connect the in the center and comes down and that there should be a 10-foot-wide concrete trails that connects in the area. He also advised that there are easements, at the preliminary plat stage, associated with putting the trail in first and it would be reimbursable to the applicant. Page 5 of 7 Commissioner Clemens asked if they were going to meet the landscaping that is associated with Anna Town Square. Mr. Vick advised that they did include landscaping requirements, but they did not match that of Anna Town Square. Commissioner Hermann asked if the flex open space will remain untouched until something comes in. Mr. Vick explained that they will probably grass it so it is usable until something comes in and leave the ability to relate to the commercial space when it comes in. Commissioner Clemens asked if the townhomes were going to be masonry product. Mr. Vick advised yes. Commissioner Hermann asked if staff needed to place some sort of zoning on the open space. Mr. Altobelli explained that it would be in the best interest of the city to state in the PD an additional stipulation that it is a minimum 5 acres of flex open space per the Concept Plan and that it needs to have some sort of zoning to ensure that anything can come into that area, but that the Commission can state that it comes back to them for approval when something is ready to come in. The Public Hearing was closed at 7:45 p.m. Chairwoman Patterson-Herndon asked staff if the Commission has the ability to propose the wood fence along Leonard Avenue to maintain residents’ privacy. Mr. Altobelli explained the Planned Development stipulations that are listed and advised yes. Chairwoman Patterson-Herndon asked what staff’s professional opinion is of the zoning request and development being proposed. Mr. Altobelli advised the Commission that the requests meet that of the 2050 Comprehensive Plan and explained the items that staff looks at when reviewing requests and how it relates to the 2050 Comprehensive Plan. A motion was made by Commissioner Nylec, seconded by Commissioner Hermann to recommend approval of the zoning request. The vote was unanimous. 19. Consider/Discuss/Action on the Leonard Trails, Concept Plan. Applicant: Rising Wakulla Investments, L.P. Mr. Altobelli introduced the item. The applicant is requesting approval of a Concept Plan associated with the zoning case, Agenda Item 18. A motion was made by Chairwoman Patterson-Herndon, seconded by Commissioner Nylec to recommend approval of the Concept Plan. The vote was unanimous. 20. Conduct a Public Hearing/Consider/Discuss/Action on a request to amend zoning on 28.0± acres located at the southwest corner of W. White Street and Slater Creek Road. The property is currently zoned Planned Development (Ord. No. 961-2022). Applicant: Arden Park Owner TX LLC, a Delaware limited liability company. Ms. Tittle introduced the item. The applicant is requesting to amend development standards listed in the Planned Development. The request is recommended for approval. Chairwoman Patterson-Herndon asked if the current ordinance states that the side yard setback should be 15 feet. Ms. Tittle replied yes. Commissioner Clemens asked if there was a reason for the 10-foot setback request. Page 6 of 7 Mr. Altobelli explained that he was the planner that reviewed the original zoning request and the Concept Plan during that time already proposed the request and had the exhibit identifying their request, but it was missed when listed stipulations were placed in the Planned Development. The intent was already there, it was just an oversight by staff and the applicant that it was not included. Chairwoman Patterson-Herndon asked what happens if they hold them to the standard as it is today with a 15-foot side yard setback. Mr. Altobelli explained that the applicant would lose 12 lots but the Concept Plan that was already approved, allowed for a 10-foot side yard setback. Commissioner Martin asked if the applicant provided a reason why they could not meet the 15-foot setback. Mr. Altobelli explained to the Commission that they had, it just did not make it in the written stipulations. Commissioner Clemens explained that she is fine as long as this is a one-time thing, and it was just a mistake versus someone coming in and just continuing to ask for variances. Chairwoman Patterson-Herndon advised that she went back to the approval and confirmed that it was there the whole time, and it was just mistakenly left out of the written stipulations. The Public Hearing was opened at 8:04 p.m. The Public Hearing was closed at 8:05 p.m. A motion was made by Chairwoman Patterson-Herndon, seconded by Commissioner Martin to recommend approval of the zoning amendment request. The vote was unanimous. 21. Conduct a Public Hearing/Consider/Discuss/Action on a recommendation regarding The Parks at Hurricane Creek, Zoning and Concept Plan. Ms. Mecke advised the Commission that the applicant wishes to table the item to the next Planning & Zoning Commission meeting. A motion was made by Chairwoman Patterson-Herndon, seconded by Commissioner Clemens to continue and hold open the public hearing item until the October 3, 2022 Planning & Zoning Commissioner Meeting which will be held at the Municipal Complex located at 120 W. 7th Street at 7:00 p.m.. The vote was unanimous. Chairwoman Patterson-Herndon advised that while looking back through records and past items, she noticed that staff recommendations changed back in March/April. She mentioned that in her P&Z training in Arlington, the attorney’s teaching the class touched on staff recommendations and that staff recommendations help the Commission make better decisions on what is approved. She advised that current staff recommendations have become very generic, and she would like the Commission to receive more information from staff. Mr. Altobelli advised that it is the role of staff to be transparent an d explain whether items are in conformance with the Comprehensive Plan and in conformance with the rules and regulations set forth in our Subdivision Regulations and Zoning Ordinances. He also advised that staff will provide the background information but staff is not the appointed or elected board who would make the decisions. Given the information staff provides, it is up to the Boards and Commissions as well as Council to make those decisions in what is best suited for their community. Commissioner Clemens explained the importance of the 2050 Comprehensive Plan and what is laid out inside of it is what the citizens wanted. Mr. Altobelli explained to the Commission that is why staff includes that in their staff reports because staff understands the importance of it. Page 7 of 7 Adjourn A motion was made by Commissioner Nylec, seconded by Chairwoman Patterson-Herndon to adjourn the meeting. The vote was unanimous. The meeting adjourned at 8:18 p.m. ___________________________________ Chairwoman Kelly Patterson-Herndon ATTEST: _________________________________ Planner II Item No. 7. Planning and Zoning Commission Agenda Planning Staff Report Meeting Date: 10/3/2022 Staff Contact: Salena Tittle AGENDA ITEM: Consider/Discuss/Action on the Anna Christian Friendship, Block A, Lot 1, Development Plat. Applicant: Anna Christian Fellowship. SUMMARY: Religious facility and two accessory structures on one lot on 5.0± acres located on the south side of County Road 376, 1,875± feet east of County Road 427. Located within the Extraterritorial Jurisdiction (ETJ). FINANCIAL IMPACT: N/A STATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATIONS: The Development Plat is in conformance with the city’s Subdivision Regulations. ATTACHMENTS: 1. Anna Christian Friendship Locator Map 2. Exhibit A - Anna Christian Friendship Development Plat 3. P&Z Signed Application COUNTYROAD427 T H ACKERY ST P URDUE RDPRINCETONCIRCHISWELL RDPRINCETONAVE NORMANDYAVECOUNTY ROAD 376 Copyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 300 600150 Feet September 2022 H:\Notification Maps\Notification Maps\ Development Plat - Anna Christian Friendship, Block A, Lot 1 Item No. 8. Planning and Zoning Commission Agenda Planning Staff Report Meeting Date: 10/3/2022 Staff Contact: Lauren Mecke AGENDA ITEM: Consider/Discuss/Action on the CR505 Addition, Block A, Lot 1, Development Plat. Applicant: Tom Hayes. SUMMARY: One single-family residence on one lot on 12.0± acres located on the west side of County Road 505, 1,830± feet north of County Road 504. Located within the Extraterritorial Jurisdiction (ETJ). FINANCIAL IMPACT: N/A STATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATIONS: The Development Plat is in conformance with the city’s Subdivision Regulations. ATTACHMENTS: 1. CR505 Addition Locator Map 2. Exhibit A (DP) CR505 Addn, BL A, Lt 1 3. Application COUNTY ROAD 476 COU N T Y R O A D 5 05COUNTY ROAD 504FM 2862COUNTY ROAD 503 S U N S E T LN Maxar, Microsoft, Copyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 600 1,200300 Feet September 2022 H:\Notification Maps\Notification Maps\ Development Plat - CR505 Addition, Block A, Lot 1 EXHIBIT A Item No. 9. Planning and Zoning Commission Agenda Planning Staff Report Meeting Date: 10/3/2022 Staff Contact: Salena Tittle AGENDA ITEM: Consider/Discuss/Action on the Arden Park, Phase 1, Final Plat. Applicant: Arden Park Owner TX LLC, a Delaware limited liability company. SUMMARY: 60 Single-family dwelling, detached lots, 27 single-family dwelling, attached lots, five common area lots, and two commercial lots on 20.4± acres located at the southwest corner of W. White Street and Slater Creek Road. Zoned: C-1 Restricted Commercial (C-1), SF-Z Single-Family Residence District – Zero Lot Line Homes (SF-Z), and Planned Development-SF-TH Townhome District (PD-SF-TH) (Ord. No. 961-2022). The purpose of the Final Plat is to dedicate rights-of-way, lot and block boundaries, and easements necessary for the single-family residential development. FINANCIAL IMPACT: N/A STATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 1: Growing Anna Economy Goal 2: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATIONS: The Final Plat is in conformance with the adopted Planned Development standards and with the city’s Subdivision Regulations and Zoning Ordinances and is subject to additions and/or alterations to the engineering plans as required by the Public Works Department. ATTACHMENTS: 1. Arden Park Phase 1 Final Plat Locator Map 2. Exhibit A - (FP) Arden Park, Phase 1 3. Development Application for P&Z WATERTONDRRIVE RCRO S SINGDRAVERY POINTE DR MIMOSA DRDOGWOOD DRSHERWOODDRCEDARCREEKDRSANDALWOODLNBAMBOO DR ELM ST W WHITE ST SLATERCREEKRDSFERGUSONPKWYSTONERIDGEDRDURHAM DR BUFFALO BILL DRBUTCHCASSIDY DRTIMBERFALLS DRDEERCHASEDR LOCKHURSTDRCANDLEWOOD DR ACKLINGTON DRCHERRYHILL DRBROOKVIEWCTBRIDGEPORT DRASH STLIVE OAK DRWESTWOOD CT WESTGATE CT PARK VISTA DR WILLOWCREEKDRSEQUOIA DR ALDER DR BRENTFIELD DR WESTFIELD DRROCKRIDGE TRL BAT MASTERSON DR DOC HOLLIDAY DR WYATT EARP DR HAZELS WAYBENS DRWESTCROSSINGBLVDSCopyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 500 1,000250 Feet August 2022 H:\Notification Maps\Notification Maps\ Final Plat - Arden Park, Phase 1 111 Hillside DriveLewisville, Texas 75057972. 436. 9712201 Country View DriveRoanoke, Texas 76262940. 240. 1012TBPE: 19762 TBPLS: 10194440www.gacon.comwww.mcadamsco.comThe John R. McAdamsCompany, Inc.L E G E N DLUX2021310780FINAL PLATARDEN PARKPROJECTSITE 111 Hillside DriveLewisville, Texas 75057972. 436. 9712201 Country View DriveRoanoke, Texas 76262940. 240. 1012TBPE: 19762 TBPLS: 10194440www.gacon.comwww.mcadamsco.comThe John R. McAdamsCompany, Inc.LUX2021310780“” ”“”””“”””””””“”””””“”””“”””“”””””“””“””“””“”””“””“”””“””“””“””“””“””“””“””“””“””“””“””“””“””“”“”“” PROJECTSITEFINAL PLATARDEN PARK Item No. 10. Planning and Zoning Commission Agenda Planning Staff Report Meeting Date: 10/3/2022 Staff Contact: Salena Tittle AGENDA ITEM: Consider/Discuss/Action on the Arden Park, Phase 1, Site Plan. Applicant: Arden Park Owner TX LLC, a Delaware limited liability company. SUMMARY: 60 Single-family dwelling, detached lots, 27 single-family dwelling, attached lots, and five common area lots, and two vacant commercial lots on 20.4± acres located at the southwest corner of W. White Street and Slater Creek Road. Zoned: C-1 Restricted Commercial (C-1), SF-Z Single-Family Residence District – Zero Lot Line Homes (SF- Z), and Planned Development-SF-TH Townhome District (PD-SF-TH) (Ord. No. 961- 2022). The purpose of the Site Plan is to show the proposed single-family residential development site improvements. FINANCIAL IMPACT: N/A STATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATIONS: The Site Plan is in conformance with adopted Planned Development standards and with the city’s Subdivision Regulations and Zoning Ordinances and is subject to additions and/or alterations to the engineering plans as required by the Public Works Department. ATTACHMENTS: 1. Arden Park Phase 1 Site Plan Locator Map 2. Exhibit A - Arden Park Phase 1 Site Plan 3. Development Application for P&Z WATERTONDRRIVE RCRO S SINGDRAVERY POINTE DR MIMOSA DRDOGWOOD DRSHERWOODDRCEDARCREEKDRSANDALWOODLNBAMBOO DR ELM ST W WHITE ST SLATERCREEKRDSFERGUSONPKWYSTONERIDGEDRDURHAM DR BUFFALO BILL DRBUTCHCASSIDY DRTIMBERFALLS DRDEERCHASEDR LOCKHURSTDRCANDLEWOOD DR ACKLINGTON DRCHERRYHILL DRBROOKVIEWCTBRIDGEPORT DRASH STLIVE OAK DRWESTWOOD CT WESTGATE CT PARK VISTA DR WILLOWCREEKDRSEQUOIA DR ALDER DR BRENTFIELD DR WESTFIELD DRROCKRIDGE TRL BAT MASTERSON DR DOC HOLLIDAY DR WYATT EARP DR HAZELS WAYBENS DRWESTCROSSINGBLVDSCopyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 500 1,000250 Feet August 2022 H:\Notification Maps\Notification Maps\ Site Plan - Arden Park, Phase 1 TRACT 1TRACT 2 TRACT 1 TRACT 1TRACT 2TRACT 2West White StreetSlater Creek Road - Private Road Ben's Drive Westfield Drive Hazels Drive W. Crossing Blvd. SITE PLAN 111 Hillside Drive Lewisville, Texas 75057 972. 436. 9712 201 Country View Drive Roanoke, Texas 76262 940. 240. 1012 TBPE: 19762 TBPLS: 10194440 www.gacon.com www.mcadamsco.com The John R. McAdams Company, Inc. ARDEN PARK PHASE I L E G E N D Item No. 11. Planning and Zoning Commission Agenda Planning Staff Report Meeting Date: 10/3/2022 Staff Contact: Lauren Mecke AGENDA ITEM: Consider/Discuss/Action on The Woods at Lindsey Place, Phase 1, Final Plat. Applicant: D.R. Horton. SUMMARY: 30 SF-72 Single-family dwelling, detached lots, 118 SF-60 single-family dwelling, detached lots, and four common area lots on 57.4± acres located at the northwest corner of future Mossy Lake Lane and Rosamond Parkway; the eastern boundary of Rosamond Parkway is approximately 1,410± feet east of U.S. Highway 75. Zoned: Planned Development (Ord. No. 881-2020). The purpose of the Final Plat is to dedicate rights-of-way, lot and block boundaries, and easements necessary for the single-family residential development. FINANCIAL IMPACT: N/A STATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATIONS: The Final Plat is in conformance with the adopted Planned Development standards and with the city’s Subdivision Regulations and Zoning Ordinances and is subject to additions and/or alterations to the engineering plans as required by the Public Works Department. ATTACHMENTS: 1. The Woods at Lindsey Place Final Plat Locator Map 2. Exhibit A (FP) The Woods at Lindsey Place, PH 1 3. Application COUNTY ROAD 368 HARLOW B L VDUS HIGHWAY 75WILLIE RAY ST PIPER ROSE ST SUE ELLEN ST STINNET ST NCENTRALEXPYE COUNTY ROAD 370 HAMPTON ST W ROSAMOND PKWYN THROCKMORTON BLVDCopyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 500 1,000250 Feet September 2022 H:\Notification Maps\Notification Maps\ Final Plat - The Woods at Lindsey Place, Phase 1 CIRF 5/8 YC (CM) (ILLEGIBLE) P.O.C. 1/2" CIRF (CM) (ILLEGIBILE) 1/2" CIRF (JBI) (CM) H L10 S62°1 4' 1 4" W 3 5 7. 7 2'C7S89°28'48"W 659.19' L 1 L2 L11 L12L13 S01°14'22"W 1112.98'L 9 S72°46'12"E 140.70' CIRF 5/8 YC (CM) (ILLEGIBLE) P.O.B.N00°31'12"W 694.65'C8 24 1 23 22 21 20 19 18 17 16 17 18 19 20 2 3 4 5 6 7 8 25X 26 X E E G K L O M J H N E HURRICANECREEKCreek75 3.8CHURRICANE CREEKKEERCENACIRRUH CR 370 CR 370 371 371 27 X 26 X 25X25X1XE E BOHLER ENGINEERING- ALL RIGHTS RESERVED.THE PURPOSE ORIGINALLY INTENDED, WITHOUT THE WRITTEN PERMISSION OF BOHLER ENGINEERING, IS PROHIBITED.THE COPYING OR REUSE OF THIS DOCUMENT, OR PORTIONS THEREOF, FOR OTHER THAN THE ORIGINAL PROJECT OR FILE NO.DATE DWG. NO.APPROVED SCALE 1" = 100'OF REVIEWEDDRAWN TSD202021 02/19/21 ASA BL BL 1 4 SUSTAINABLE DESIGN LANDSCAPE ARCHITECTURE SITE CIVIL AND CONSULTING ENGINEERING LAND SURVEYING PROGRAM MANAGEMENT PERMITTING SERVICES TRANSPORTATION SERVICES 1"=100' 0 1002550100 LOCATION MAPLOCATION MAP SCALE: N.T.S.SCALE: N.T.S. TM DEVELOPER: DR HORTON -DFW EAST DIVISION 4306 MILLER ROAD ROWLETT, TX 75088 PHONE:(214) 607-4244 CONTACT: DAVID BOOTH OWNER: LHJH PROPERTIES, LTD. 16910 DALLAS PARKWAY, STE. 106 DALLAS, TX 75248 PHONE: (214) 679-7878 CONTACT: RUSSELL HARLOW SURVEYOR: BOHLER ENGINEERING 6017 MAIN ST. FRISCO, TX 75034 PHONE:(469)458-7300 CONATCT: BILLY M LOGSDON, JR 4306 Miller Road Rowlett, TX 75088 214-607-4244 GENERAL NOTES: 1.All corners are one-half inch iron rods with yellow cap stamp "Bohler Eng." unless otherwise noted. 2.NOTICE: Selling a portion of this addition by metes and bounds is a violation of the City Subdivision Ordinance and State platting statutes and is subject to fines and withholding of utilities and building certificates. 3.The basis of bearing is derived from the Texas WDS RTK Cooperative Network - Texas State Plane Coordinate System, North Central Zone (4202), NAD83. 4.According to Community Panel No. 48085C0155J dated JUNE 02, 2009 of the Federal Emergency Management Agency, National Flood Insurance Program Map, a portion of this property is within Flood Zone "X", (areas determined to be outside 500-year floodplain), which is not a special flood hazard area and a portion of this property is within Flood Zone "A", (areas determined to be in the the 500-year floodplain, without base flood elevations), which is a special flood hazard area. The portion of this site that is not within an identified special flood hazard area, this flood statement does not imply that the property and/or the structures thereon will be free from flooding or flood damage. On rare occasions, greater floods can and will occur and flood heights may be increased by man-made or natural causes. This statement shall not create liability on the part of the Surveyor. 5.All Harlow Blvd. and alley intersections will require visibility easements. At the intersection of two main streets will be a minimum of 30'x30' and at the intersection of two minor streets will be a minimum of 25'x25'. Refer to detail for more information. 6.Where a 5' screening wall maintenance easement is required, they will be maintained by the HOA. 7.The HOA Lots are designated with the Lot number plus the letter "X", as shown hereon, are to be maintained by the HOA. 8.A screening wall will be required along the north right of way of Rosamond Parkway within Block E, Lot 25X. 9.Common Area Lots and Drainage and Detention Easements are as follows and are to be maintained by the HOA: 1. Lot 25X-27X, Block E, as shown hereon. 2. Lot 1X, Block F, as shown hereon. 3. Lot 9X, Block L, as shown hereon. 10.See sheet 3 of 4 for Line and Curve Data tables and Lot Area Tables 11.No appurtenance between the height of 2.5' and 10' may be placed in the visibility triangles. www.bohlerengineering.com 2600 NETWORK BLVD., SUITE 310 FRISCO, TEXAS 75034 469.458.7300 TBPE No. 18065 TBPELS No. 10194413 W E SNAD83 NAD83W E SNAD83 NAD83OVERALL BOUNDARY/OWNER LAYOUT (NOT TO SCALE) 1 2 6 5 4 3 2 1 1 EXHIBIT A 1 OF 4 HURRICANECREEKCreek75 3.8CHURRICANE CREEKKEERCENACIRRUH CR 370 CR 370 371 371 1/2" IRF C3N00°33'39"W 120.86' C4 C5 E G K L O M J H N S62°1 4' 1 4" W 3 5 7. 7 2'C6C1 L 1 L2 L13 N62°1 3' 5 0" E 9 3 7. 3 7' N89°25'47"E 556.69' S89°25'44"W 287.14'L3L4 C2 L 5 L6 L7 L 9 N00°33'39"W 652.43'N02°33'19"E 504.55'S89°25'44"W 42.00' N00°33'39"W 59.43' CIRF 5/8 YC (CM) (ILLEGIBLE) P.O.B. 24 1 1 25 11 12 1 12 13 25 1 27 1 16 14 15 8 10 9X AMENITY CENTER 1 15 19 20 1 39 1 13 14 33 F 1X DRAINAGE AND DETENTION EASEMENT 1 15 2 3 4 5 6 7 8 9 10 11 12 23 22 21 20 19 18 17 16 15 14 13 2 34511109876 14 15 16 17 18 19 20 13 12 11 10 9 8 7 6 5 4 25242322212019181716 21 22 23 24 3 2 26 234567 11 12 13 15 14 13 12 11 10 9 8 7 6 2 3 4 5 14 13 12 11 10 9 8 7 6 5 23 4 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 38 37 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 15 16 17 12 11 10 9 8 7 6 5 4 3 2 29 28 27 26 25 24 23 22 21 20 19 18 13 14 15 16 17 18 19 20 21 2 3 4 5 6 7 8 9 10 30 31 32 22 23 24 25X 25X 25X 14 26 X 27 X L8 S00°31'12"E 899.34'E BOHLER ENGINEERING- ALL RIGHTS RESERVED.THE PURPOSE ORIGINALLY INTENDED, WITHOUT THE WRITTEN PERMISSION OF BOHLER ENGINEERING, IS PROHIBITED.THE COPYING OR REUSE OF THIS DOCUMENT, OR PORTIONS THEREOF, FOR OTHER THAN THE ORIGINAL PROJECT OR FILE NO.DATE DWG. NO.APPROVED SCALE 1" = 100'OF REVIEWEDDRAWN TSD202021 02/19/21 ASA BL BL 2 4 SUSTAINABLE DESIGN LANDSCAPE ARCHITECTURE SITE CIVIL AND CONSULTING ENGINEERING LAND SURVEYING PROGRAM MANAGEMENT PERMITTING SERVICES TRANSPORTATION SERVICES 1"=100' 0 1002550100 LOCATION MAPLOCATION MAP SCALE: N.T.S.SCALE: N.T.S. TM OVERALL BOUNDARY/OWNER LAYOUT (NOT TO SCALE) DEVELOPER: DR HORTON -DFW EAST DIVISION 4306 MILLER ROAD ROWLETT, TX 75088 PHONE:(214) 607-4244 CONTACT: DAVID BOOTH OWNER: LHJH PROPERTIES, LTD. 16910 DALLAS PARKWAY, STE. 106 DALLAS, TX 75248 PHONE: (214) 679-7878 CONTACT: RUSSELL HARLOW SURVEYOR: BOHLER ENGINEERING 6017 MAIN ST. FRISCO, TX 75034 PHONE:(469)458-7300 CONATCT: BILLY M LOGSDON, JR 1 2 6 5 4 3 2 1 1 1/2" IRF (CM) CIRF 4306 Miller Road Rowlett, TX 75088 214-607-4244 www.bohlerengineering.com 2600 NETWORK BLVD., SUITE 310 FRISCO, TEXAS 75034 469.458.7300 TBPE No. 18065 TBPELS No. 10194413 W E SNAD83 NAD83W E SNAD83 NAD83GENERAL NOTES: 1.All corners are one-half inch iron rods with yellow cap stamp "Bohler Eng." unless otherwise noted. 2.NOTICE: Selling a portion of this addition by metes and bounds is a violation of the City Subdivision Ordinance and State platting statutes and is subject to fines and withholding of utilities and building certificates. 3.The basis of bearing is derived from the Texas WDS RTK Cooperative Network - Texas State Plane Coordinate System, North Central Zone (4202), NAD83. 4.According to Community Panel No. 48085C0155J dated JUNE 02, 2009 of the Federal Emergency Management Agency, National Flood Insurance Program Map, a portion of this property is within Flood Zone "X", (areas determined to be outside 500-year floodplain), which is not a special flood hazard area and a portion of this property is within Flood Zone "A", (areas determined to be in the the 500-year floodplain, without base flood elevations), which is a special flood hazard area. The portion of this site that is not within an identified special flood hazard area, this flood statement does not imply that the property and/or the structures thereon will be free from flooding or flood damage. On rare occasions, greater floods can and will occur and flood heights may be increased by man-made or natural causes. This statement shall not create liability on the part of the Surveyor. 5.All Harlow Blvd. and alley intersections will require visibility easements. At the intersection of two main streets will be a minimum of 30'x30' and at the intersection of two minor streets will be a minimum of 25'x25'. Refer to detail for more information. 6.Where a 5' screening wall maintenance easement is required, they will be maintained by the HOA. 7.The HOA Lots are designated with the Lot number plus the letter "X", as shown hereon, are to be maintained by the HOA. 8.A screening wall will be required along the north right of way of Rosamond Parkway within Block E, Lot 25X. 9.Common Area Lots and Drainage and Detention Easements are as follows and are to be maintained by the HOA: 1. Lot 25X-27X, Block E, as shown hereon. 2. Lot 1X, Block F, as shown hereon. 3. Lot 9X, Block L, as shown hereon. 10.See sheet 3 of 4 for Line and Curve Data tables and Lot Area Tables 11.No appurtenance between the height of 2.5' and 10' may be placed in the visibility triangles. EXHIBIT A 2 OF 4 L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 L12 L13 BOHLER ENGINEERING- ALL RIGHTS RESERVED.THE PURPOSE ORIGINALLY INTENDED, WITHOUT THE WRITTEN PERMISSION OF BOHLER ENGINEERING, IS PROHIBITED.THE COPYING OR REUSE OF THIS DOCUMENT, OR PORTIONS THEREOF, FOR OTHER THAN THE ORIGINAL PROJECT OR FILE NO.DATE DWG. NO.APPROVED SCALE N/A OF REVIEWEDDRAWN TSD202021 02/19/21 ASA BL BL 3 4 SUSTAINABLE DESIGN LANDSCAPE ARCHITECTURE SITE CIVIL AND CONSULTING ENGINEERING LAND SURVEYING PROGRAM MANAGEMENT PERMITTING SERVICES TRANSPORTATION SERVICES TM DEVELOPER: DR HORTON -DFW EAST DIVISION 4306 MILLER ROAD ROWLETT, TX 75088 PHONE:(214) 607-4244 CONTACT: DAVID BOOTH OWNER: LHJH PROPERTIES, LTD. 16910 DALLAS PARKWAY, STE. 106 DALLAS, TX 75248 PHONE: (214) 679-7878 CONTACT: RUSSELL HARLOW SURVEYOR: BOHLER ENGINEERING 6017 MAIN ST. FRISCO, TX 75034 PHONE:(469)458-7300 CONATCT: BILLY M LOGSDON, JR 4306 Miller Road Rowlett, TX 75088 214-607-4244 www.bohlerengineering.com 2600 NETWORK BLVD., SUITE 310 FRISCO, TEXAS 75034 469.458.7300 TBPE No. 18065 TBPELS No. 10194413 EXHIBIT A 3 OF 4 BOHLER ENGINEERING- ALL RIGHTS RESERVED.THE PURPOSE ORIGINALLY INTENDED, WITHOUT THE WRITTEN PERMISSION OF BOHLER ENGINEERING, IS PROHIBITED.THE COPYING OR REUSE OF THIS DOCUMENT, OR PORTIONS THEREOF, FOR OTHER THAN THE ORIGINAL PROJECT OR FILE NO.DATE DWG. NO.APPROVED SCALE N/A OF REVIEWEDDRAWN TSD202021 02/19/21 ASA BL BL 4 4 SUSTAINABLE DESIGN LANDSCAPE ARCHITECTURE SITE CIVIL AND CONSULTING ENGINEERING LAND SURVEYING PROGRAM MANAGEMENT PERMITTING SERVICES TRANSPORTATION SERVICES TM DEVELOPER: DR HORTON -DFW EAST DIVISION 4306 MILLER ROAD ROWLETT, TX 75088 PHONE:(214) 607-4244 CONTACT: DAVID BOOTH OWNER: LHJH PROPERTIES, LTD. 16910 DALLAS PARKWAY, STE. 106 DALLAS, TX 75248 PHONE: (214) 679-7878 CONTACT: RUSSELL HARLOW SURVEYOR: BOHLER ENGINEERING 6017 MAIN ST. FRISCO, TX 75034 PHONE:(469)458-7300 CONATCT: BILLY M LOGSDON, JR WHEREAS, LHJH PROPERTIES, LTD., is the owner of a tract of land situated in the Town of Anna, Collin County, Texas, a part of Eli Witt Survey, Abstract No. 997, being part of a called 159.819 acre tract of land described in a Special Warranty Deed to LHJH Properties, Ltd., recorded in Instrument No. 20061003001424600, Official Public Records, Collin County, Texas (O.P.R.C.C.T) and being more particularly described as follows: COMMENCING at a five-eighths inch iron rod with yellow plastic cap that is illegible found at the southeast corner of said 159.819 acre tract of land and the northeast corner of a called 226.62 acre tract of land described in a Warranty Deed to QJR Partnership, Ltd. recorded in Volume 5106, Page 2380, O.P.R.C.C.T and said iron rod being in the west line of a called 50.00 acre tract of land described in a Special Warranty Deed to Kayasa Holdings, LLC, recorded in Instrument No. 201908007000946750, (O.P.R.C.C.T); THENCE South 89 degrees 28 minutes 48 seconds West, a distance of 659.19 feet along the south line of said 159.819 acre tract of land and along the north line of said 226.62 acre tract of land to a one-half inch iron rod with yellow plastic cap stamped ”BOHLER ENG” (hereinafter called “iron rod set”) set for corner; THENCE over and across said 159.819 acre tract of land, the following courses and distances: North 00 degrees 31 minutes 12 seconds West, a distance of 694.65 feet to a capped iron rod set for corner; North 49 degrees 18 minutes 42 seconds West, a distance of 194.61 feet to a capped iron rod set for corner; North 27 degrees 45 minutes 46 seconds West, a distance of 15.00 feet to a capped iron rod set for corner and POINT OF BEGINNING; South 62 degrees 14 minutes 14 seconds West, a distance of 357.72 feet to a capped iron rod set at the beginning of a tangent curve to the right; In a southwesterly direction, a distance of 597.97 feet, having a central angle of 27 degrees 11 minutes 29 seconds, a radius of 1,260.00 feet, a tangent length of 304.73 feet and whose chord bears South 75 degrees 49 minutes 59 seconds West a distance of 592.38 feet to a capped iron rod set for corner; South 89 degrees 25 minutes 44 seconds West, a distance of 287.14 feet to a capped iron rod set; South 44 degrees 25 minutes 44 seconds West a distance of 42.43 feet to a capped iron rod set; South 89 degrees 25 minutes 44 seconds West, a distance of 90.00 feet to a capped iron rod set North 45 degrees 34 minutes 16 seconds West a distance of 42.43 feet to a capped iron rod set and South 89 degrees 25 minutes 44 seconds West a distance of 42.00 feet at the beginning of a curve to the left; In a southwesterly direction, a distance of 442.68 feet, having a central angle of 32 degrees 06 minutes 22 seconds, a radius of 790.00 feet, a tangent length of 227.32 feet and whose chord bears South 73 degrees 22 minutes 33 seconds West a distance of 436.91 to a capped iron rod set at the beginning of a curve to the right; In a southwesterly direction, a distance of 408.87 feet, having a central angle of 25 degrees 44 minutes 36 seconds, a radius of 910 feet, a tangent length of 207.94 feet and whose chord bears South 70 degrees 11 minutes 40 seconds a distance of 405.44 feet to a capped iron rod set; said capped iron rod being in the west line of said 159.819 acre tract of land and the east line of a called 555.801 acre tract of land, described as Tract B in a Special Warranty Deed to Risland Mantua, LLC, recorded in Instrument No. 20180625000783630, O.P.R.C.C.T., from which a one-half inch iron rod found at the most southerly southeast corner of a said 555.801 acre tract of land and the northeast corner of a called 17.863 acre tract of land described in a Special Warranty Deed to Anna 18, LLC, recorded in Instrument No. 20161020001423440, O.P.R.C.C.T. bears South 00 degrees 33 minutes 39 seconds East a distance of 243.59 feet; THENCE North 00 degrees 33 minutes 39 seconds West, a distance of 120.86 feet along the west line of said 159.819 acre tract of land and the east line of 555.801 acre tract of land to a capped iron rod set at the beginning of a non-tangent curve to the left; THENCE over and across said 159.819 acre tract of land, the following courses and distances: In a northeasterly direction, a distance of 341.53 feet, having a central angle of 24 degrees 46 minutes 13 seconds, a radius of 790.00 feet, a tangent length of 173.48 feet and whose chord bears North 69 degrees 42 minutes 28 seconds East a distance of 338.88 feet to a capped iron rod set for the beginning of a curve to the left; In a northeasterly direction, a distance of 236.99 feet, having a central angle of 14 degrees 55 minutes 17 seconds, a radius of 910.00 feet, a tangent length of 119.17 feet and whose chord bears North 64 degrees 47 minutes 01 seconds East a distance of 236.32 feet to a capped iron rod; North 00 degrees 33 minutes 39 seconds East, a distance of 652.43 feet to a capped iron rod set for corner; North 89 degrees 26 minutes 21 seconds East a distance of 144.81 feet to a capped iron rod set for corner; North 02 degrees 33 minutes 19 seconds East a distance of 508.55 feet to a capped iron rod set for corner; North 00 degrees 33 minutes 39 seconds West a distance of 59.43 feet to a capped iron rod set for corner; North 89 degrees 25 minutes 47 seconds East, a distance of 556.69 feet to a capped iron rod set for corner; North 62 degrees 13 minutes 50 seconds East, a distance of 937.37 feet to a capped iron rod set for corner; North 77 degrees 11 minutes 07 seconds East, a distance of 91.82 feet to a capped iron rod set for corner; North 89 degrees 28 minutes 48 seconds East, a distance of 161.53 feet to a capped iron rod set for corner; South 00 degrees 31 minutes 12 seconds East, a distance of 899.34 feet to a capped iron rod set for corner and beginning of a non-tangent curve to the left; In a southerly direction, a distance of 121.05, having a central angle of 16 degrees 06 minutes 40 seconds, a radius of 430.50 feet, a tangent length of 60.93 feet, and whose chord bears South 07 degrees 49 minutes 00 seconds East a distance of 120.66 feet; South 39 degrees 17 minutes 34 seconds East, a distance of 55.75 feet to a capped iron rod set for corner beginning of a non-tangent curve to the left; In a southeasterly direction, a distance of 38.49 feet, having a central angle of 04 degrees 50 minutes 49 seconds, a radius of 455.00 feet, a tangent length of 19.26 feet, and whose chord bears South 23 degrees 58 minutes 42 seconds East a distance of 38.48 feet to a capped iron rod set; South 26 degrees 24 minutes 07 seconds East, a distance of 56.71 feet to a capped iron rod set for corner; South 68 degrees 02 minutes 34 seconds East, a distance of 44.84 feet to a capped iron rod set for corner; South 19 degrees 00 minutes 05 seconds East, a distance of 120.00 feet to a capped iron rod set for corner; In a southeasterly direction, a distance of 174.31 feet, having a central angle of 08 degrees 45 minutes 39 seconds, a radius of 1140.00 feet, a tangent length of 87.33 feet, and whose chord bears South 66 degrees 37 minutes 04 seconds West a distance of 174.14 feet to a capped iron rod set for corner; South 62 degrees 14 minutes 14 seconds West, a distance of 202.70 feet to the POINT OF BEGINNING, containing 2,502,260.24 square feet or 57.4440 acres, more or less. SURVEYOR'S CERTIFICATE Know All Men By These Presents: That I, Billy M. Logsdon, Jr., do hereby certify that I prepared this plat from an actual and accurate survey of the land and that the comer monuments shown thereon as set were properly placed under my personal supervision in accordance with the Subdivision Ordinance of the City of Anna. Dated this the ___ day of ______, 20__. __________________________________ Billy M. Logsdon, Jr., Registered Professional Land Surveyor No. 6487 STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned, a Notary Public in and for The State of Texas, on this day personally appeared Billy M Logsdon, Jr., known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the ___ day of ______, 20__. ____________________________________ Notary Public, State of Texas OWNER'S CERTIFICATE NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT LHJH PROPERTIES, LTD.; acting herein by and through its duly authorized officers, does hereby adopt this plat designating the hereinabove described property as, THE WOODS AT LINDSEY PLACE - PHASE 1, an addition to the City of Anna, Texas, and does hereby dedicate, in fee simple, to the public use forever, the streets and alleys shown thereon. The streets and alleys are dedicated for street purposes. The easements and public use areas, as shown, are dedicated for the public use forever, for the purposes indicated on this plat. In addition, utility easements may also be used for the mutual use and accommodation of all public utilities desiring to use or using the same unless the easement limits the use to particular utilities, said use by public utilities being subordinate to the public's and City of Anna's use thereof. The City of Anna and public utility entities shall have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs, or other improvements or growths which may in any way endanger or interfere with the construction, maintenance, or efficiency of their respective systems in said easements. The City of Anna and public utility entities shall at all times have the full right of ingress and egress to or from their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to or removing all or parts of their respective systems without the necessity at any time of procuring permission from anyone. That the undersigned does hereby covenant and agree that he (they) shall construct upon the fire lane easements, as dedicated and shown hereon, a hard surface and that he (they) shall maintain the same in a state of good repair at all times and keep the same free and clear of any structures, fences, trees, shrubs, or other improvements or obstruction, including but not limited to the parking of motor vehicles, trailers, boats, or other impediments to the access of fire apparatus. The maintenance of paving on the fire lane easements is the responsibility of the owner, and the owner shall post and maintain appropriate signs in conspicuous places along such fire lanes, stating “Fire Lane, No Parking.” The police or his duly authorized representative is hereby authorized to cause such fire lanes and utility easements to be maintained free and unobstructed at all times for Fire Department and emergency use. The undersigned does covenant and agree that the access easement may be utilized by any person or the general public for ingress and egress to other real property, and for the purpose of General Public vehicular and pedestrian use and access, and for Fire Department and emergency use, in, along, upon, and across said premises, with the right and privilege at all times of the City of Anna, its agents, employees, workmen, and representatives having ingress, egress, and regress in, along, upon, and across said premises. This approved subject to all platting ordinances, rules, and regulations of the City of Anna, Texas. WITNESS, my hand, this the _____ day of ___________________, 20__. BY: LHJH PROPERTIES, LTD. _______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Authorized Signature of Owner _______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Printed Name and Title STATE OF TEXAS § COUNTY OF __________________§ Before me, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared __________________________, Owner, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and considerations therein expressed. Given under my hand and seal of office,this the _____ day of ___________________, 20__ _______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Notary Public in and for the State of Texas _______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ My Commission Expires On: Approved this _______ day of _______________ 20__, by the City Council of the City of Anna, Texas. __________________________ Mayor __________________________ City secretary DRAINAGE AND DETENTION EASEMENT STATE OF TEXAS COUNTY OF COLLIN CITY OF ANNA This plat is hereby adopted by the Owners and approved by the City of Anna (called “City”) subject to the following conditions which shall be binding upon the Owners, their heirs, grantees and successors: The portion of Block 1, as shown on the plat is called “Drainage and Detention Easement.” The Drainage and Detention Easement within the limits of this addition, will remain open at all times and will be maintained in a safe and sanitary condition by the owners of the lot or lots that are traversed by or adjacent to the Drainage and Detention Easement. The City will not be responsible for the maintenance and operation of said Easement or for any damage to private property or person that results from conditions in the Easement, or for the control of erosion. No obstruction to the natural flow of storm water run-off shall be permitted by construction of any type of building, fence, or any other structure within the Drainage and Detention Easement as hereinabove defined, unless approved by the City Engineer. Provided, however, it is understood that in the event it becomes necessary for the City to erect or consider erecting any type of drainage structure in order to improve the storm drainage that may be occasioned by the City shall have the right to enter upon the Drainage and Detention Easement at any point, or points, to investigate, survey or to erect, construct and maintain any drainage facility deemed necessary for drainage purposes. Each property owner shall keep the Drainage and Detention Easement clean and free of debris, silt, and any substance which would result in unsanitary conditions or obstruct the flow of water, and the City shall have the right of ingress and egress for the purpose of inspection and supervision of maintenance work by the property owner to alleviate any undesirable conditions which may occur. The natural drainage through the Drainage and Detention Easement is subject to storm water overflow and natural bank erosion to an extent which cannot be definitely defined. The City shall not be held liable for any damages of any nature resulting from the occurrence of these natural phenomena, or resulting from the failure of any structure, or structures, within the Easement. VAM EASEMENTS: The area or areas shown on the plat as "VAM" (Visibility , Access, and Maintenance) easement(s) are hereby given and granted to the city, its successors and assigns, as an easement to provide visibility, right of access, and maintenance upon and across said VAM easement. The city shall have the right, but not the obligation, to maintain any and all landscaping within the VAM easement. Should the city exercise this maintenance right, it shall be permitted to remove and dispose of any and all landscaping improvements, including without limitation, any trees, shrubs, flowers, ground cover, and fixtures. The city may withdraw maintenance of the VAM easement at any time. The ultimate maintenance responsibility for the VAM easement shall rest with the owners. No building, fence, shrub, tree, or other improvements or growths, which in any way endanger or interfere with the visibility, shall be constructed in, on, over, or across the VAM easement. The city shall also have the right, but not the obligation, to add any landscape improvements to the VAM easement, to erect any traffic control devices or signs on the VAM easement, and to remove any obstruction thereon. The city, its successors, assigns, or agents, shall have the right and privilege at all times to enter upon the VAM easement or any part thereof for the purposes and with all rights and privileges set forth herein. 4306 Miller Road Rowlett, TX 75088 214-607-4244 www.bohlerengineering.com 2600 NETWORK BLVD., SUITE 310 FRISCO, TEXAS 75034 469.458.7300 TBPE No. 18065 TBPELS No. 10194413 6487 DERETSIGER BILLY M. LOGSDON, JR. N A L ROYEVRUSD F TE X A SSTATEO NFO R P LAISSE O EXHIBIT A 4 OF 4 Item No. 12. Planning and Zoning Commission Agenda Planning Staff Report Meeting Date: 10/3/2022 Staff Contact: Salena Tittle AGENDA ITEM: Consider/Discuss/Action on The Woods at Lindsey Place, Block L, Lot 9X, Site Plan. Applicant: D.R. Horton. SUMMARY: Amenity Center on one lot on 0.9± acre located at the northeast corner of future Sue Ellen Street and future Harlow Boulevard. Zoned: Planned Development (Ord. No. 881- 2020). The purpose of the Site Plan is to show the proposed amenity center development site improvements. FINANCIAL IMPACT: N/A STATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATIONS: The Site Plan is in conformance with adopted Planned Development standards and with the city’s Subdivision Regulations and Zoning Ordinances and is subject to additions and/or alterations to the engineering plans as required by the Public Works Department.. ATTACHMENTS: 1. The Woods at Lindsey Place Site Plan Locator Map 2. Exhibit A - The Woods at Lindsey Place Amenity Center SP Lot 9X 3. P&Z Signed Application MOSSYLAKELNHARL O W B L VDWILLIE RAY ST PIPER ROSE ST SUE ELLEN ST STINNET S T HAMPTON ST W ROSAMOND PKWYN THROCKMORTON BLVDCopyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 300 600150 Feet September 2022 H:\Notification Maps\Notification Maps\ Site Plan - The Woods at Lindsey Place, Block L, Lot 9X FPFPFPFPFPGRILLLOCATIONFPFPFPFPFPWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW W W W W W W W W W W W W W W W W WWWWWWWWWWWWSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS S S S S S S S S S S S S S S S S S S S S S S S S S S S S SSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLWLWLWLWLWLSLSLSLSLSLWLWLWLWLWLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLWLWLWLWLWLSLSLSLSLSLWLWLWLWLWLSLSLSLSLSLWLWLWLWLWLSLSLSLSLSLWLWLWLWLWLSLSLSLSLSLWLWLWLWLWLSLSLSLSLSLSLSLSLSLSLSLSLSLSL7457 4 6 747748745 746745 746 744 743742741744743742 741 742 743 744 743 743 743742 742 743 743 742 742 74274 2 7427437437427 4 3 743 743 743 744 744745745 745 745 7 4 5 744745 74 4 744743 743 743743743744 744743746 7 4 7747748 748 750 750749 746747745 7447 4 4 743742743741 741 742745744744745746745746747747748746 74710'-0"U.E.10'-0"U.E.10'-0" U.E. 10'-0" U.E. 10'-0" U.E. 10'-0" U.E. 10'-0" U.E. 10'-0" U.E.10'-0"U.E.10'-0"U.E.10'-0" U.E. 10'-0" U.E. 2'-6" W.M.E. 2'-6" W.M.E. 2'-6" W.M.E. 2'-6" W.M.E. 2'-6" W.M.E. 2'-6" W.M.E. 2'-6" W.M.E. 2'-6" W.M.E. 2'-6" W.M.E. 11'-0" (TYP.) 6'-0" 6'-0" 6'-0" 5'-0" 5'-0" 6'-0" 6'-0" 6'-0" 6'-0" 13'-0" 13'-0"WILLIE RAY STREET(50 R.O.W.)HARLOW BLVD. (50 R.O.W.)SUE ELLEN STREET(50 R.O.W.)11 10 7 8 BLOCK L 9X BLOCK L 19 18 17 16 15 BLOCK K CA-F-1X BLOCK M 15 16 17 18 19 6' HT. MASONRY SCREENING WALL (TYP.) PROPOSED BARRIER FREE RAMP (TYP.) PROPOSED BARRIER FREE RAMP (TYP.) PROPOSED BARRIER FREE RAMP (TYP.) PROPOSED BARRIER FREE RAMP (TYP.) 6' HT. TUBULAR STEEL GATE 6' HT. TUBULAR STEEL GATE 6' HT. TUBULAR STEEL FENCE (TYP.)11'-0"78'-0"24'-0"28'-6" 28'-6" 2" DOMESTIC WATER 1" IRRIGATION SERVICE 5' WIDE CONCRETE SIDEWALK 6' WIDE CONCRETE SIDEWALK (PAE) 6' WIDE CONCRETE SIDEWALK (PAE) 6'-0" HT. BRICK THINWALL 6'-0" HT. TUBULAR STEEL FENCE 6'-8" HT. STONE COLUMN CONCRETE SIDEWALK PAVING 6'-0" HT. STONE WALL ENCLOSURE WITH STONE COLUMN POOL DECK SEAT WALL N00°34'16"W 146.27'N00°59'31"E 73.77' S44°25'44"W 14.14'N89°25'44"E 157.01'S00°34'16"E 120.00'N00°34'16"W 120.00'N89°25'44"E 159.32'S43°47'40"E 13.85' 20'-0" PROPOSED CLUBHOUSE/ RESTROOM PROPOSED 6' HT.MASONRY POOL PUMP ENCLOSURE PROPOSED CONCRETE PARKING (1 ADA & 3 SPACES)TANNING LEDGEPROPOSED PLAYGROUND 2642 SF PROPOSED POOL 4700 SF R.O.W.PROPOSED STORMPROPOSED WATER LINEPROPOSED SANITARY SEWERR.O.W.FH FH FH PROPOSED SANITARY SEWERPROPOSED WATER LINER.O.W.STORMR.O.W.R.O.W.INLETINLETPROPOSED STORMR.O.W. INLET INLET PROPOSED STORM R.O.W. PROPOSED STORM PROPOSED SANITARY SEWER WATER LINE R.O.W.PROPOSED SANITARY SEWERPROPOSED WATER LINE R.O.W.R.O.W.R.O.W.INLETPROPOSED SANITARY SEWERPROPOSED STORMINLETR.O.W.R.O.W. INLET 1/2" GAS LINE 2" DOM WTR6" SS6" SSFIRE HYDRANT 21'-0"14'-0" 6' WIDE CONCRETE SIDEWALK (PAE) SF-60 SF-60 SF-60 SF-60 SF-60 SF-60SF-60 SF-60 SF-60 SF-60 SF-60 POOL DECK POOL DECK POOL PUMP 3 .933 ACRE 25'-0"25'-0"25' BL25' BLSF-60 SF-60 24'-0"22'-0"22'-0"288.116625' BL25' BLPROPOSED STONE SEAT WALL PROPOSED WOOD TRELLIS PROPOSED CONCRETE PARKING (1 ADA & 3 SPACES) PROPOSED SPLASH PAD PROPOSED OUTDOOR GRILL CENTER PROPOSED WOOD TRELLIS PROPOSED WOOD TRELLIS PROPOSED WOOD TRELLIS PROPOSED CABANAS 8 8 PROPOSED BENCH PAD 24'-0"22'-0"22'-0"287.962711'-0" NOTE: THE SITE IS NOT WITHIN FEMA FLOOD PLAIN 10'-0" PEDESTRIAN ACCESS EASEMENT 10'-0" PEDESTRIAN ACCESS EASEMENT 10'-0" PEDESTRIAN ACCESS ESMT. Plans & Plats Development Application Planning & Development Department 3223 N. Powell Parkway භ Anna, TX 75049 භ 972.924.2616 භ www.annatexas.gov Submittal ප Preliminary Plat/Replat ප Final Plat/Replat ප Combination Preliminary and Final Plat* ප Amended Plat ප Minor Plat/Replat ප Development Plat ප Civil Plans ප Site Plan/Revised Site Plan ප Landscape Plan ප Tree Preservation ප Lighting Plan ප Concept Plan ප Facade Plan *Prior approval required Submittal Type ප Pre-Submittal: all required documents are present excluding fees. I understand that the project information presented to the City at this time is not filed, and therefore the City is not required to approve, approve with conditions, or disapprove the plan(s)/plat(s) within 30 days by the approval authority. This Pre-Submittal will be changed to a Submittal following the receipt of written notice and payment of fees. I am requesting this of my own volition and not at the request of the City of Anna. ප Submittal: all required documents are present including fees. I understand that the project information presented to the City at this time is filed and therefore, the City is required to approve, approve with conditions, or disapprove the plan(s)/plat(s) within 30 days by the approval authority. Acreage Round decimals up to the nearest whole number. _______________ acre(s) Fees Please see the Fee Schedule, available on the city website. The application fee of $______________________, to be paid to the City of Anna at least 1 week prior to planning commission meeting. NOTE: Additional costs may accrue during review by City consultants of any facilities agreement and/or civil construction plans. O O 1 250 Damon Ainsworth Item No. 13. Planning and Zoning Commission Agenda Planning Staff Report Meeting Date: 10/3/2022 Staff Contact: Lauren Mecke AGENDA ITEM: Consider/Discuss/Action on the Avery Pointe Commercial, Block A, Lots 1R, 2R, 3, 4, & 5, Replat. Applicant: Aston Gray, LLC, Anna Self Storage, LLC, & Retail Building, Inc. SUMMARY: Self-Storage on Lot 3, restaurants and retail on Lots 1R, 2R, 4, & 5 on 7.4± acres located at the northeast corner of W. White Street and Ferguson Parkway. Zoned: Planned Development (Ord. No. 964-2022, Ord. No. 709-2015, Ord. No. 179-2005). The purpose of the Replat is to subdivide the property and dedicate lot and block boundaries and easements necessary for the construction of the restaurant and retail site improvements. This Replat is a combination of three previously approved Replat applications which have not been filed with Collin County. FINANCIAL IMPACT: N/A STATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 1: Growing Anna Economy Goal 2: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATIONS: The Replat is in conformance with adopted Planned Development standards and with the city’s Subdivision Regulations and Zoning Ordinances and is subject to additions and/or alterations to the engineering plans as required by the Public Works Department. ATTACHMENTS: 1. Avery Pointe Replat Locator Map 2. Exhibit A (RP) Avery Pointe Commercial, BL A, Lts 1-5 3. Applications LIVE OAK DRAVERY POINTE DR PIN OAK TRL W WHITE STWESTPARKDRCOPPERSWITCHDR TIMBERFALLS DR DEERCHASE DR RIVER CROSSING DR CRESCENT VIEW DR BROOKVIEWCTDEERFIELD DR SFERGUSONPKWYWESTFALL DR RYEDALE LNWATERTON DRLAURENBROOKEDRACACIA DR POST OAK TRLBUFFALO BILL DRANNIE OAKLEY DR BAT MASTERSON DR DOC HOLLIDAY DR WYATT EARP DR BLACK OAK CT Copyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 300 600150 Feet September 2022 H:\Notification Maps\Notification Maps\ Replat - Avery Pointe Commercial, Block A, Lots 1-5 11.31' C8 C 6 L26LOT 1, BLOCK A ANNA 455 ADDITION VOL. 2016, PG. 860 P.R.C.C.T. AVERY POINTE PHASE 5 VOL. 2019, PG. 826 P.R.C.C.T. PARCEL 18, PT. 1 STATE OF TEXAS INST. NO. 20120712000840560 O.O.P.R.C.C.T. STATE OF TEXAS VOL. 372, PG. 161 D.R.C.C.T. STATE OF TEXAS VOL. 372, PG. 261 D.R.C.C.T. LOT CA-66 AMENITY CENTER PORTION OF A CALLED 20.000 ACRESANNA 455 COMMERCIAL, LP, (54.4%INTEREST)INST. NO. 20071205001623100O.O.P.R.C.C.T.LOT 1, BLOCK A SUMMER HILL ADDITION VOL. 2011, PG. 22 P.R.C.C.T. AVERY POINTE PHASE 1 VOL. 2016, PG. 454 P.R.C.C.T. 53 54 55 56 57 58 59 60 61 62 636465 BLOCK U BLOCK U 41 40 39X-HOA LOT 1R, BLOCK A AVERY POINTE COMMERCIAL VOL. 2021, PG. 321 P.R.C.C.T. LOT 2, BLOCK A AVERY POINTE COMMERCIAL VOL. 2021, PG. 321 P.R.C.C.T. AVERY POINTE PHASE 2 VOL. 2017, PG. 537 P.R.C.C.T. AVERY POINTE PHASE 2 VOL. 2017, PG. 537 P.R.C.C.T. WHITE STREET (F. M. 455)FERGUSON PARKWAYR=50'BROOK VIEW COURT25.0'25.0' 50' ROW 20' SANITARY SEWER EASEMENT VOL. 2021, PG. 321 P.R.C.C.T.7.0'7.4'15' DRAINAGE EASEMENT VOL. 2021, PG. 321 P.R.C.C.T. 15' WATER EASEMENT VOL. 2016, PG. 452 P.R.C.C.T. 5/8" IRF (DISTURBED) BRS.S82°44'W, 0.42' 1/2" IRF PKF 1/2" IRFC "JBI" 1/2" IRFC "JBI"1/2" IRFC "JBI" 1/2" IRFC "JBI" 1/2" IRFC "SPIARS ENG" BRS.S66°26'W, 0.44' 1/2" IRFC "JBI" 1/2" IRFC "JBI"1/2" IRFC "JBI" 1/2" IRFC "JBI" 1/2" IRFC (DISTURBED) IRSC 1/2" IRFC "JBI" 1/2" IRFC "SPIARS ENG" BRS.S72°53'W, 0.37' IRSC 1/2" IRFC "SPIARS ENG" P.O.B. 1/2" IRFC "JBI" 1/2" IRFC "SPIARS ENG" BRS. S69°52'W, 0.42' 1/2" IRFC "JBI" DRAINAGE EASEMENT INST. NO. 20120608000684370 O.P.R.C.C.T. FIRELANE, ACCESS AND UTILITY EASEMENT INST. NO. 20110208000137970 O.P.R.C.C.T. IRSC BLOCK A, LOT 3 3.961 ACRES 172,556 SQ. FT. BLOCK A, LOT 5 0.732 ACRES 31,888 SQ. FT.R=1660.00'∆=4°16'56"L=124.07'CB=N4°04'07"EC=124.04'S88°56'01"E 436.52'S1°15'59"W440.33'N87°23'07"W 225.78' R =5 0 6 0.0 0 ' ∆=1°3 8 '0 2 " L =14 4.3 0 ' C B =N8 8 °12 '0 9 "W C =14 4.3 0 'N89°01'10"W 114.20' N1°20'21"E 45.91'R=1440.00'∆=4°52'14"L=122.41'CB=N3°46'29"EC=122.37'N6°12'36"E406.23'276.26'261.51'S88°56'01"E 465.12' 10' WATER EASEMENT (BY THIS PLAT) 10' WATER EASEMENT (BY THIS PLAT)10' WATER EASEMENT(BY THIS PLAT)S88°56'01"E 214.77' S88°56'01"E 137.44' N88°56'01"W 404.94'S1°15'59"W142.94'S1°15'59"W131.90'N88°56'01"W 102.12' N88°56'01"W 144.34' N88°56'01"W 161.12' S88°56'01"E 318.70' S88°56'01"E 93.85'N1°15'59"E297.35'L1L2 L3L4 L5L6 L7L8 L9 L10L11 L12 L 1 3L14 L15L16 L17 L18L19 L20L21L22 L 2 3 L24L 2 5 53.04'10.04' 10.00' 15.00'25' BUILDING SETBACK LINE25' BUILDING SETBACK LINE APPROXIMATE LOCATION OF ACCESS EASEMENT INST. NO. 20180905001119420 O.P.R.C.C.T. 24' FIRE LANE, ACCESS & UTILITY EASEMENT (BY THIS PLAT) VARIABLE WIDTH FIRE LANE, ACCESS & UTILITY EASEMENT (BY THIS PLAT) 25' FIRE LANE & UTILITY EASEMENT (BY THIS PLAT)25' FIRE LANE & UTILITYEASEMENT(BY THIS PLAT)25' FIRE LANE & UTILITY EASEMENT (BY THIS PLAT) VARIABLE WIDTH FIRE LANE & UTILITY EASEMENT (BY THIS PLAT) 387.20' S88°56'01"E 288.41'12.0'45.45'21.52'12.05'23.61'12.00' 322.18'291.50'C1 C2 S86°35'48"E 47.35'C3 C4 C5 S1°15'59"W221.50'C7 306.45' N88°56'01"W 329.94' S88°56'01"E 176.46'S6°12'36"W45.07'C9 C10 C11 L27C12 C13 C14 L28 C15 L2980.90'18.16' (VARIABLE WIDTH RIGHT OF WAY)(VARIABLE WIDTH RIGHT OF WAY)60.0' BLOCK A, LOT 4 0.583 ACRES 25,404 SQ. FT. BLOCK A, LOT 1R 0.753 ACRES 32,783 SQ. FT. BLOCK A, LOT 2R 1.402 ACRES 61,089 SQ. FT. 24' ACCESS & UTILITY EASEMENT (BY THIS PLAT) 24' ACCESS & UTILITY EASEMENT (BY THIS PLAT) 24' ACCESS & UTILITY EASEMENT (BY THIS PLAT)SIDEWALK EASEMENT(BY THIS PLAT)SIDEWALK EASEMENT(BY THIS PLAT)PARKING EASEMENT FOR THE BENEFIT OF LOT 1R (BY THIS PLAT) PARKING EASEMENT FOR THE BENEFIT OF LOT 1R (BY THIS PLAT) 24' FIRE LANE, ACCESS & UTILITY EASEMENT (BY THIS PLAT) 24' FIRE LANE, ACCESS & UTILITY EASEMENT (BY THIS PLAT) MONUMENT EASEMENT INST. NO. 20161005001350640 O.P.R.C.C.T.S32°44 '52 "E61.47 ' N88°44'01"W 33.18'S1°15'59"W213.09'S1°15'59"W185.26'S83°47'24"E 52.50'S6°12'36"W54.60'188.85'187.47'127.45'136.50'98.01' 4 3.4 5 '10 0.8 5 '35.67' 190.11'56.01'384.32'S88°44'01"E 234.51'N1°15'59"E314.92'76.90'67.82'S88°56'01"E 123.59' C1 6 L42C17C1 8 L38 C19 S87°23'17"E 169.04' S87°23'16"E 175.54' C 2 0 C21C22L39 C 2 3C24N6°12'36"E56.81'L35 C25L36C26L37C27S88°44'01"E 136.56'N1°15'59"E75.21'N1°15'59"E198.25'S1°15'59"W57.43'C2 8 C29 C 3 0 C31C32 C33C34C35L30L31 L32C36L33 L34 C37L40L4189.73'21.87'21.68'24.64'21.48'64.00'5.57'18.00'35.7 0 ' 5.97'40.51'24.01'45.15'11.66'44.00' 20.00' 28.18' 19.36' 5.50'24.97'C38C39L44L45 C40 L46 6.68' 6.82' IRSC IRSC IRSCXS IRSC 10' DRAINAGE EASEMENT (BY THIS PLAT) 86.61' L47 L48L499.56'14.55' WATER ESMT. (BY THIS PLAT) 6' X 15' WATER EASEMENT (BY THIS PLAT) 8' X 10' WATER ESMT (BY THIS PLAT) 8' X 10' WATER ESMT (BY THIS PLAT) 8' X 10' WATER ESMT (BY THIS PLAT) LINE TABLE NO. L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 L12 L13 L14 L15 L16 L17 L18 L19 L20 L21 L22 L23 L24 L25 BEARING N01°03'59"E S88°56'01"E S01°03'59"W S88°56'01"E N01°03'59"E S88°56'01"E S01°03'59"W S43°50'01"E S88°44'01"E S01°15'59"W N88°44'01"W S46°09'59"W N43°56'01"W S01°03'59"W N88°56'01"W N01°03'59"E S88°44'01"E N01°15'59"E S88°44'01"E N01°03'59"E S01°03'59"W N01°15'59"E S43°56'01"E N46°09'59"E N43°50'01"W LENGTH 6.00' 15.00' 6.00' 31.61' 8.00' 10.00' 8.00' 18.27' 8.00' 10.00' 8.00' 18.30' 21.21' 24.00' 10.00' 24.00' 8.00' 10.00' 8.00' 25.82' 25.82' 10.81' 21.21' 10.03' 9.97' LINE TABLE NO. L26 L27 L28 L29 L30 L31 L32 L33 L34 L35 L36 L37 L38 L39 L40 L41 L42 L44 L45 L46 L47 L48 L49 BEARING N01°03'59"E N01°03'59"E N83°47'24"W S06°12'36"W S01°15'59"W S88°44'01"E N88°38'40"W N06°12'36"E S83°47'24"E N83°47'24"W N01°03'59"E N32°44'52"W N89°01'10"W N89°01'10"W S00°56'36"W S01°15'59"W N06°12'36"E S06°12'36"W N06°07'33"E N25°59'31"W S83°47'24"E N06°12'36"E S84°57'28"E LENGTH 5.82' 12.00' 0.77' 57.17' 18.00' 20.00' 20.00' 24.97' 20.00' 0.48' 8.25' 7.09' 18.20' 18.20' 11.38' 3.91' 26.81' 56.67' 9.71' 5.74' 1.24' 7.40' 24.49' CURVE TABLE NO. C1 C2 C3 C4 C5 C6 C7 C8 C9 C10 C11 C12 C13 C14 C15 C16 C17 C18 C19 C20 C21 C22 C23 C24 C25 C26 C27 C28 C29 C30 C31 C32 C33 C34 C35 C36 C37 C38 C39 C40 DELTA 28°42'27" 27°25'20" 16°14'02" 13°53'49" 90°12'00" 90°11'55" 89°48'00" 89°47'49" 84°51'24" 90°00'00" 89°59'56" 84°51'23" 21°51'57" 21°43'18" 90°00'00" 90°00'00" 2°46'31" 92°27'15" 1°38'02" 88°19'43" 91°20'54" 1°38'02" 92°27'15" 2°46'31" 90°00'00" 33°48'51" 34°00'51" 88°39'06" 90°56'56" 90°00'00" 85°51'46" 94°56'37" 90°00'00" 90°12'00" 89°48'00" 4°51'16" 4°51'22" 32°18'14" 2°41'16" 32°07'04" RADIUS 30.00' 30.00' 30.00' 30.00' 30.00' 20.00' 30.00' 20.00' 30.00' 10.00' 10.00' 40.00' 25.00' 25.00' 30.00' 30.00' 1399.50' 54.00' 5100.50' 30.00' 30.00' 5124.50' 30.00' 1375.50' 30.00' 54.00' 30.00' 20.00' 20.00' 20.00' 20.00' 20.00' 20.00' 20.00' 20.00' 1419.50' 1399.50' 41.50' 1433.39' 22.00' LENGTH 15.03' 14.36' 8.50' 7.28' 47.23' 31.49' 47.02' 31.35' 44.43' 15.71' 15.71' 59.24' 9.54' 9.48' 47.12' 47.12' 67.79' 87.14' 145.46' 46.25' 47.83' 146.14' 48.41' 66.63' 47.12' 31.87' 17.81' 30.95' 31.75' 31.42' 29.97' 33.14' 31.42' 31.49' 31.35' 120.27' 118.61' 23.40' 67.24' 12.33' CHORD BEARING S74°34'47"E S79°41'32"W N85°17'11"E S84°07'05"W N43°50'01"W N43°50'01"W N46°09'59"E N46°10'05"E S48°38'18"W S46°03'59"W S43°55'59"E S48°38'17"W S85°16'39"W S72°55'45"E N51°12'36"E N38°47'24"W S04°49'20"W S42°47'33"E N88°12'09"W N43°13'16"W N46°56'26"E N88°12'09"W S42°47'33"E S04°49'20"W N43°56'01"W S15°50'27"E N15°44'26"W S43°03'34"E N46°44'27"E N43°44'01"W S48°20'06"W S41°15'43"E N46°15'59"E N43°50'01"W S46°09'59"W S03°46'58"W S03°47'01"W N19°40'27"E S04°51'58"W N09°55'59"W CHORD 14.87' 14.22' 8.47' 7.26' 42.50' 28.33' 42.35' 28.23' 40.48' 14.14' 14.14' 53.97' 9.48' 9.42' 42.43' 42.43' 67.78' 77.99' 145.45' 41.80' 42.92' 146.14' 43.33' 66.62' 42.43' 31.41' 17.55' 27.95' 28.52' 28.28' 27.24' 29.48' 28.28' 28.33' 28.23' 120.23' 118.58' 23.09' 67.23' 12.17'DWG NAME: K:\FRI_SURVEY\064546002-ANNA SELF STORAGE - ANNA\DWG\064546002 AVERY POINTE COMM OA REPLAT VER20.DWG PLOTTED BYMARX, MICHAEL 9/27/2022 4:37 PM LAST SAVED9/27/2022 4:32 PMScale Drawn by MBM1" = 40' Checked by Date Project No.Sheet No. Frisco, Texas 75034 6160 Warren Parkway, Suite 210 Tel. No. (972) 335-3580 Fax No. (972) 335-3779FIRM # 10193822 KHA SEPT. 2022 064546002 1 OF 2 GRAPHIC SCALE IN FEET 040 20 40 80 1" = 40'@ 24X36 NORTH GENERAL NOTES: 1.All corners set are monumented with a 5/8 inch iron rod with red plastic cap stamped "KHA", unless otherwise noted. 2.All bearings shown are based on grid north of the Texas Coordinate System, NAD83, North Central Zone 4202. All dimensions shown are ground distances. To obtain a grid distance, multiply the ground distance by the Project Combined Factor (PCF) of 0.999856573. Vertical Datum NAVD 88. 3.The purpose of this replat is to divide two lots into five lots and dedicate new easements for site development. 4.Notice - selling a portion of this addition by metes and bounds is a violation of City Subdivision Ordinance and State Platting Statutes and is subject to fines and withholding of utilities and building permits. APPLICANT: Kimley-Horn and Associates, Inc. 13455 Noel Road, Suite 700 Dallas, TX 75240 Ph: 972.770.1300 Fax: 972.239.3820 Contact: Jonathan Kerby, PE FLOOD STATEMENT: According to Community Panel No. 48085C0155J dated June 02, 2009 of the National Flood Insurance Program Map, Flood Insurance Rate Map of Collin County, Texas, Federal Emergency Management Agency, Federal Insurance Administration, this property is within Zone "X", which is not a special flood hazard area. If this site is not within an identified special flood hazard area, this flood statement does not imply that the property and/or the structures thereon will be free from flooding or flood damage. On rare occasions, greater floods can and will occur and flood heights may be increased by man-made or natural causes. This flood statement shall not create liability on the part of the surveyor. REPLAT AVERY POINTE COMMERCIAL BLOCK A, LOTS 1R, 2R, 3, 4 & 5 BEING A REPLAT OF BLOCK A, LOTS 1R AND 2 AVERY POINTE COMMERCIAL AND BEING 7.432 ACRES SITUATED IN THE FRANCIS T. DUFFAU, ABSTRACT NO. 288, CITY OF ANNA, COLLIN COUNTY, TEXAS SEPT, 2022 OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS O.P.R.C.C.T. PLAT RECORDS OF COLLIN COUNTY, TEXAS P.R.C.C.T. LEGEND BOUNDARY LINE EASEMENT LINE BUILDING LINE IRON ROD FOUNDIRF IRON ROD FOUND WITH CAPIRFC IRON ROD SET WITH CAPIRSC NOT TO SCALENTS FOUNDFND. BUILDING LINEB.L. INSTRUMENT NUMBERINST. NO. "X" CUT IN CONCRETE FOUNDXF POINT OF BEGINNINGP.O.B. N.T.S.VICINITY MAP SITE NORTH 455 75 368 370 WEST XINGBUFFALO BILLFERGUSONHACKBERRY OWNER: Anna Self Storage, LLC 6728 Jamestown Dr. Alpheretta, GA 30005 Ph: 770-680-2721 ext 301 Contact: Chris Davis OWNER: AG Anna RE Holdings, LLC 12360 Market Dr. Oklahoma City, OK 73114 Ph: Contact: Denver Green OWNER: Retail Buildings, Inc. 3000 NE 63rd Street Oklahoma City, OK 73121 Ph: 405-620-7223 Contact: Marcus Foran 3 2R 1.402 1R 0.753 Lot No.Acreage Non-Residential Lot Table Total 7.432 3.961 5 4 0.583 0.732 EXHIBIT A 1 OF 2 Copyright © 2022 Kimley-Horn and Associates, Inc. All rights reserved DWG NAME: K:\FRI_SURVEY\064546002-ANNA SELF STORAGE - ANNA\DWG\064546002 AVERY POINTE COMM OA REPLAT VER20.DWG PLOTTED BYMARX, MICHAEL 9/27/2022 4:37 PM LAST SAVED9/27/2022 4:32 PMScale Drawn by N/A Checked by Date Project No.Sheet No. Frisco, Texas 75034 6160 Warren Parkway, Suite 210 Tel. No. (972) 335-3580 Fax No. (972) 335-3779FIRM # 10193822 2 OF 2 STATE OF TEXAS § § COUNTY OF COLLIN § KNOW ALL MEN BY THESE PRESENTS That I, Michael B. Marx, do hereby certify that I prepared this plat and the field notes made a part thereof from an actual and accurate survey of the land and that the corner monuments shown thereon were properly placed under my supervision. _____________________________________________ Michael B. Marx Registered Professional Land Surveyor Texas Registration No. 5181 Kimley-Horn and Associates, Inc. 6160 Warren Pkwy., Suite 210 Frisco, TX 75034 (972) 335-3580 michael.marx@kimley-horn.com STATE OF TEXAS § § COUNTY OF COLLIN § Before me, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared Michael B. Marx, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purpose and considerations therein expressed. Given under my hand and seal of office, this _______________ day of ________________________________, 2022. ________________________________________________ Notary Public in and for the State of Texas __________________________________ Printed Name __________________________________ My Commission Expires REPLAT AVERY POINTE COMMERCIAL BLOCK A, LOTS 1R, 2R, 3, 4 & 5 BEING A REPLAT OF BLOCK A, LOTS 1R AND 2 AVERY POINTE COMMERCIAL AND BEING 7.432 ACRES SITUATED IN THE FRANCIS T. DUFFAU, ABSTRACT NO. 288, CITY OF ANNA, COLLIN COUNTY, TEXAS SEPT, 2022 PRELIMINARY THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS A FINAL SURVEY DOCUMENT OWNER'S CERTIFICATION NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT AG ANNA RE HOLDINGS, LLC, ANNA SELF STORAGE, LLC and RETAIL BUILDINGS, INC.; acting herein by and through their duly authorized officers, do hereby adopt this plat designating the hereinabove described property as AVERY POINTE COMMERCIAL, BLOCK A, LOTS 1R, 2R, 3, 4 & 5, an addition to the City of Anna, Texas, and does hereby dedicate, in fee simple, to the public use forever, the streets and alleys shown thereon. The streets and alleys are dedicated for street purposes. The easements and public use areas, as shown, are dedicated for the public use forever, for the purposes indicated on this plat. In addition, utility easements may also be used for the mutual use and accommodation of all public utilities desiring to use or using the same unless the easement limits the use to particular utilities, said use by public utilities being subordinate to the public's and City of Anna's use thereof. The City of Anna and public utility entities shall have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs, or other improvements or growths which may in any way endanger or interfere with the construction, maintenance, or efficiency of their respective systems in said easements. The City of Anna and public utility entities shall at all times have the full right of ingress and egress to or from their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to or removing all or parts of their respective systems without the necessity at any time of procuring permission from anyone. That the undersigned does hereby covenant and agree that he (they) shall construct upon the fire lane easements, as dedicated and shown hereon, a hard surface and that they shall maintain the same in a state of good repair at all times and keep the same free and clear of any structures, fences, trees, shrubs, or other improvements or obstruction, including but not limited to the parking of motor vehicles, trailers, boats, or other impediments to the access of fire apparatus. The maintenance of paving on the fire lane easements is the responsibility of the owner, and the owner shall post and maintain appropriate signs in conspicuous places along such fire lanes, stating "Fire Lane, No Parking." The police or his duly authorized representative is hereby authorized to cause such fire lanes and utility easements to be maintained free and unobstructed at all times for Fire Department and emergency use. The undersigned does covenant and agree that the access easement may be utilized by any person or the general public for ingress and egress to other real property, and for the purpose of General Public vehicular and pedestrian use and access, and for Fire Department and emergency use, in, along, upon, and across said premises, with the right and privilege at all times of the City of Anna, its agents, employees, workmen, and representatives having ingress, egress, and regress in, along, upon, and across said premises. This approved subject to all platting ordinances, rules, and regulations of the City of Anna, Texas. WITNESS, my hand at ____________, ___________________, this the _______ day of ___________, 2022. AG ANNA RE HOLDINGS, LLC, a Texas limited liability company By: _____________________________________________ _____________________________________________ (Printed Name) _____________________________________________ (Title) STATE OF OKLAHOMA § § COUNTY OF OKLAHOMA § Before me, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared _______________________, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purpose and considerations therein expressed. Given under my hand and seal of office, this _______________ day of ________________________________, 2022. ________________________________________________ Notary Public in and for the State of Texas __________________________________ Printed Name __________________________________ My Commission Expires ANNA SELF STORAGE, LLC, a Georgia limited liability company By: _____________________________________________ _____________________________________________ (Printed Name) _____________________________________________ (Title) STATE OF GEORGIA § § COUNTY OF FULTON § Before me, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared _______________________, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purpose and considerations therein expressed. Given under my hand and seal of office, this _______________ day of ________________________________, 2022. ________________________________________________ Notary Public in and for the State of Texas __________________________________ Printed Name __________________________________ My Commission Expires RETAIL BUILDINGS, INC. a Texas limited liability company By: _____________________________________________ _____________________________________________ (Printed Name) _____________________________________________ (Title) STATE OF OKLAHOMA § § COUNTY OF OKLAHOMA § Before me, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared _______________________, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purpose and considerations therein expressed. Given under my hand and seal of office, this _______________ day of ________________________________, 2022. ________________________________________________ Notary Public in and for the State of Texas __________________________________ Printed Name __________________________________ My Commission Expires Approved this _______ day of ______________________. 2022, by the City Council of the City of Anna, Texas. ________________________ Mayor ________________________ City Secretary OWNER'S CERTIFICATE STATE OF TEXAS § COUNTY OF COLLIN § WHEREAS AG ANNA RE HOLDINGS, LLC, ANNA SELF STORAGE, LLC and RETAIL BUILDINGS, INC., are the sole owners of the following described tract of land: BEING a tract of land situated in the Francis T. Duffau Survey, Abstract No. 288, City of Anna, Collin County, Texas, and being all of Lot 1R and Lot 2, Block A of Avery Pointe Commercial, an addition to the City of Anna, Texas, according to the Replat, recorded in Volume 2021, Page 321 of the Plat Records of Collin County, Texas, and being more particularly described as follows: BEGINNING at a 1/2-inch iron rod with a yellow plastic cap, stamped “JBI” found for the northwest corner of said Lot 1R and the southwest corner of Lot CA-66, Block U of Avery Pointe Phase 1, an addition to the City of Anna, Texas, according to the Final Plat, recorded in Volume 2016, Page 454 of the Plat Records of Collin County, Texas, same also being on the easterly right of way line of Ferguson Parkway, a variable width right of way as depicted in the Final Plat, recorded in Volume 2016, Page 452 of the Plat Records of Collin County, Texas, from said corner, a found 1/2-inch iron rod with a yellow plastic cap, stamped “SPIARS ENG”, bears South 69°52' West, 0.42 feet; THENCE South 88°56'01" East, departing the easterly right of way line of said Ferguson Parkway, along the northerly line of said Lot 1R, the southerly line of said Lot CA-66 and the southerly line of Lots 65, 64 and 63, Block U of Avery Pointe Phase 2, an addition to the City of Anna, Texas, according to the Final Plat, recorded in Volume 2017, Page 537 of the Plat Records of Collin County, Texas, a distance of 436.52 feet to the northeast corner of said Lot 1R and the southeast corner of said Lot 63, same being on the westerly line of Lot 61, Block U of said Avery Pointe Phase 2, from which, a found disturbed 5/8-inch iron rod bears South 82°44' West, 0.42 feet; THENCE South 01°15'59" West, along the easterly line of said Lot 1R, the easterly line of aforesaid Lot 2, and the westerly line of Block U of said Avery Pointe Phase 2, a distance of 440.33 feet to a 5/8-inch iron rod with a red plastic cap, stamped “KHA” set for an angle point; THENCE South 32°44'52" East, continuing along the easterly line of said Lot 2 and the westerly line of said Block U, a distance of 61.47 feet to a 5/8-inch iron rod with a red plastic cap, stamped “KHA” set for the easterly, southeast corner of said Lot 2, same being the northwest corner of Lot 1, Block A and Summer Hill Addition, an addition to the City of Anna, Texas, according to the Replat, recorded in Volume 2011, Page 22 of the Plat Records of Collin County, Texas; THENCE North 88°44'01" West, along a southerly line of said Lot 2 and the northerly line of said Lot 1, a distance of 33.18 feet to an “X” cut set for the northwest corner of said Lot 1; THENCE South 01°15'59" West, along the easterly line of said Lot 2 and the westerly line of said Lot 1, a distance of 213.09 feet to a PK nail found for the southeast corner of said Lot 2, , same being on the northerly right of way line of aforesaid White Street (F. M. 455); THENCE North 87°23'07" West, along the southerly line of said Lot 2, the southerly line of aforesaid Lot 1R and the northerly right of way line of said White Street (F. M. 455), a distance of 225.78 feet to a 1/2-inch iron rod found for the beginning of a tangent curve to the left with a radius of 5,060.00 feet, a central angle of 01°38'02", and a chord bearing and distance of North 88°12'09" West, 144.30 feet; THENCE in a westerly direction, continuing along the southerly line of said Lot 1R and the northerly right of way line of said White Street (F. M. 455), with said tangent curve to the left, an arc distance of 144.30 feet to a 5/8-inch iron rod with a red plastic cap, stamped “KHA” set for corner; THENCE North 89°01'10" West, continuing along the southerly line of said Lot 1R and the northerly right of way line of said White Street (F. M. 455), a distance of 114.20 feet to a 5/8-inch iron rod with a red plastic cap, stamped “KHA” set for the southwest corner of said Lot 1R, same being the intersection of the northerly right of way line of said White Street (F. M. 455) with the easterly right of way line of said Ferguson Parkway; THENCE North 01°20'21" East, along the westerly line of said Lot 1R and the easterly right of way line of said Ferguson Parkway, a distance of 45.91 feet to a 1/2-inch iron rod with a yellow plastic cap, stamped “JBI” found for the beginning of a tangent curve to the right with a radius of 1,440.00 feet, a central angle of 04°52'14", and a chord bearing and distance of North 03°46'29" East, 122.37 feet, from which, a found 1/2-inch iron rod with a yellow plastic cap, stamped “SPIARS ENG”, bears South 72°08' West, 0.47 feet; THENCE in a northerly direction, continuing along the westerly line of said Lot 1R and the easterly right of way line of said Ferguson Parkway, with said tangent curve to the right, an arc distance of 122.41 feet to a 1/2-inch iron rod with a yellow plastic cap, stamped “JBI” found for corner; THENCE North 06°12'36" East, continuing along the westerly line of said Lot 1R and the easterly right of way line of said Ferguson Parkway, a distance of 406.23 feet to a 1/2-inch iron rod with a yellow plastic cap, stamped “JBI” found for the beginning of a tangent curve to the left with a radius of 1,660.00 feet, a central angle of 04°16'56", and a chord bearing and distance of North 04°04'07" East, 124.04 feet, from said corner, a found 1/2-inch iron rod with a yellow plastic cap, stamped “SPIARS ENG”, bears South 66°26' West, 0.44 feet; THENCE in a northerly direction, continuing along the westerly line of said Lot 1R and the easterly right of way line of said Ferguson Parkway, with said tangent curve to the left, an arc distance of 124.07 feet to the POINT OF BEGINNING and containing 7.432 acres (323,720 square feet) of land, more or less. MBM KHA SEPT. 2022 064546002 APPLICANT: Kimley-Horn and Associates, Inc. 13455 Noel Road, Suite 700 Dallas, TX 75240 Ph: 972.770.1300 Fax: 972.239.3820 Contact: Jonathan Kerby, PE OWNER: Anna Self Storage, LLC 6728 Jamestown Dr. Alpheretta, GA 30005 Ph: 770-680-2721 ext 301 Contact: Chris Davis OWNER: AG Anna RE Holdings, LLC 12360 Market Dr. Oklahoma City, OK 73114 Ph: Contact: Denver Green OWNER: Retail Buildings, Inc. 3000 NE 63rd Street Oklahoma City, OK 73121 Ph: 405-620-7223 Contact: Marcus Foran EXHIBIT A 2 OF 2 X X 8 Item No. 14. Planning and Zoning Commission Agenda Planning Staff Report Meeting Date: 10/3/2022 Staff Contact: Salena Tittle AGENDA ITEM: Consider/Discuss/Action on the East Fork Estates, Lot 23, Replat. Applicant: Robert & Melna Rainey. SUMMARY: Vacant lot on 1.4± acres located at the west side of East Fork Circle, 1,340± feet south of Farm-to-Market 455. Zoned: AG Agricultural District. The purpose of the Replat is to dedicate right-of-way, lot and block boundaries, and easements necessary for future development. FINANCIAL IMPACT: N/A STATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATIONS: The Replat is in conformance with the city’s Subdivision Regulations and Zoning Ordinances and is subject to additions and/or alterations to the engineering plans as required by the Public Works Department. ATTACHMENTS: 1. East Fork Estates Replat Locator Map 2. Exhibit A - East Fork Estates, Lot 23 Replat 3. P&Z Signed Application EAST FORK CIR PRIVATEROAD 5348PRIVATE ROAD 5 1 24 Copyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 300 600150 Feet September 2022 H:\Notification Maps\Notification Maps\ Replat - East Fork Estates, Block A, Lot 23 Plans & Plats Development Application Planning & Development Department 3223 N. Powell Parkway ● Anna, TX 75049 ● 972.924.2616 ● www.annatexas.gov Submittal □ Preliminary Plat/Replat □ Final Plat/Replat □ Combination Preliminary and Final Plat* □ Amended Plat □ Minor Plat/Replat □ Development Plat □ Civil Plans □ Site Plan/Revised Site Plan □ Landscape Plan □ Tree Preservation □ Lighting Plan □ Concept Plan □ Facade Plan *Prior approval required Submittal Type □ Pre-Submittal: all required documents are present excluding fees. I understand that the project information presented to the City at this time is not filed, and therefore the City is not required to approve, approve with conditions, or disapprove the plan(s)/plat(s) within 30 days by the approval authority. This Pre-Submittal will be changed to a Submittal following the receipt of written notice and payment of fees. I am requesting this of my own volition and not at the request of the City of Anna. □ Submittal: all required documents are present including fees. I understand that the project informat ion presented to the City at this time is filed and therefore, the City is required to approve, approve with conditions, or disapprove the plan(s)/plat(s) within 30 days by the approval authority. Acreage Round decimals up to the nearest whole number. _______________ acre(s) Fees Please see the Fee Schedule, available on the city website. The application fee of $______________________, to be paid to the City of Anna at least 1 week prior to planning commission meeting. NOTE: Additional costs may accrue during review by City consultants of any facilities agreement and/or civil construction plans. 4 4 4 4 4 4 4 4 4 4 4 4 4 Item No. 15. Planning and Zoning Commission Agenda Planning Staff Report Meeting Date: 10/3/2022 Staff Contact: Salena Tittle AGENDA ITEM: Consider/Discuss/Action on the Blacklock Storage, Block A, Lot 1, Preliminary Plat. Applicant: 926 Powell Anna TX, LLC. SUMMARY: Self-Storage, mini-warehouse on one lot on 4.9± acres located on the west side of State Highway 5, 240± feet north of County Road 423. Zoned: Planned Development (Ord. No. 981-2022). The purpose of the Preliminary Plat is to propose lot and block boundaries and easements necessary for the future construction of the self-storage, mini-warehouse development. The applicant has requested a 30-day extension as they continue to make alterations to the proposed plat and work through staff’s comments. FINANCIAL IMPACT: N/A STATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 1: Growing Anna Economy Goal 2: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATIONS: Staff recommends that the Planning & Zoning Commission approve the applicant’s request for a 30-day extension. ATTACHMENTS: 1. Blacklock Storage Locator Map 2. 30-Day Extension Letter - Blacklock Storage 3. P&Z Signed Application E WHITE ST S INTERURBAN STWILLOWCREEKDRS POWELL PKWYWESTWOOD CT WESTGATE CT W WHITE ST EDWARD STWESTFIELD DRHAZELS WAYBENS DRS RIGGINSSTCopyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 300 600150 Feet September 2022 H:\Notification Maps\Notification Maps\ Preliminary Plat - Blacklock Storage, Block A, Lot 1 Item No. 16. Planning and Zoning Commission Agenda Planning Staff Report Meeting Date: 10/3/2022 Staff Contact: Ross Altobelli AGENDA ITEM: Consider/Discuss/Action on the Dreamville Anna, Block A, Lot 1, Preliminary Plat. Applicant: Alvin Johnson / HHF Dreamville Anna, LLC. SUMMARY: Multiple-family residences and retail on one lot on 11.0± acres located on the west side of State Highway 5, 240± feet north of County Road 423. Zoned: Planned Development (Ord. No. 631-2013, Ord. No. 692-2015, & Ord. No. 975-2022). The purpose of the Preliminary Plat is to propose lot and block boundaries and easements necessary for the future construction of the multiple-family residences and retail development. The applicant has requested a 30-day extension as they continue to make alterations to the proposed Preliminary Plat and work through staff’s comments. FINANCIAL IMPACT: N/A STATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATIONS: Staff recommends that the Planning & Zoning Commission approve the applicant’s request for a 30-day extension. ATTACHMENTS: 1. Dreamville Anna Preliminary Plat Locator Map 2. 30 day extention letter - Dreamville Anna 3. Development Application S POWELL PKWYGENOVEVALNABIGAIL LNWESTWOOD CT EDWARD STBENS DRWESTFIELD DRHAZELS WAYSINTERURBANSTCUNNINGHAM BLVD COUNTY ROAD 423S RIGGINSSTCopyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 300 600150 Feet September 2022 H:\Notification Maps\Notification Maps\ Preliminary Plat - Dreamville Anna, Block A, Lot 1 RECEIVED September 21, 2022 PLANNING & DEVELOPMENT CITY OF ANNA THE CITY OFPlans & Plats Development Application Submittal Preliminary Plat/Replat Final Plat/Replat Combination Preliminary and Final Platx Amended Plat Minor Plat/Replat Development Plat Civil Plans Site Plan/Revised Site Plan Landscape Plan Tree Preservation Lighting Plan Concept Plan Facade Plan ! a ! ! ! ! tr Submittal Type *Prior opprovol Pre-Submittal: all required documents are present excluding fees. I understand that the project information presented to the City at this time is not filed, and therefore the City is not required to approve, approve with conditions, or disapprove the plan(s)/plat(s) within 30 days by the approval authority. This Pre-Submittal will be changed to a Submittal following the receipt of written notice and payment of fees. I am requesting this of my own volition and not at the request of the City of Anna. Submittal:all requireddocumentsarepresentincludingfees. lunderstandthattheprojectinformation presented to the City at this time is filed and therefore, the City is required to approve, approve with conditions, or disapprove the plan(s)/plat(s) within 30 days by the approval authority. Acreage Round decimols up to the neorest whole number 12 acre(s) Fees Please see the Fee Schedule, available on the g!!g$!lg, The application fee of S 720.00 to be paid to the City of Anna at least L week prior to planning commission meeting. NOTE: Additionol costs moy occrue during review by City consultonts of ony focilities ogreement ond/or civil construction plons. Planning & Development Department 3223 N. Powell Parkway . Anna,TX75049 o 972.924,2616 . www.annatexas.qov 1 Owner Author rzatron and Repre sentative THE CITY OFDesion Property Description subdivision: Dreamville Anna Addition Total Number of Acres: 1 1 '03 Zoning Classification(s)PD Total Number of Lots:2 Location: 1300 S. Powell Parkwav, Anna. TX 75409 Property Owner lnformation & Authorization Name/Company:Alvin Johnson/ HHF Dreamvilee Anna, LLC Address: 3900 S. Stonrbridge Drive, Suite 304 City McKinney state: TX Zip Code:75070 phone: Q14) 842-8075 ,rr,,. alvin@372hope.org Project Representation (check one): E I will represent the application myself; OR tr I hereby designate Donald F. Warnke (name of project representotive) to act in the capacity as my agent for submittal, processing, representation, and/or presentation of this request. The designated agent shall be the principal contact person for responding to all requests for information and for resolving all issues of concern relative to this request. I hereby certify that I am the property owner of the property and further certify that the information provided on this development application landscape incentive of my ow Property Owner's Signature: STATEOF: TEY,l S d I have selected the above submittal type, representation, and CoUNTYoF: CoLL/N BEFORE ME, a Notary Public, on this day personally appeared (printed property owner's name) lhe above signed, who, under oath, stated the following: "l hereby certify that I am the property owner for the purposes of this application; that all information submitted herein is true and correct." is true an n volition of the City of Anna. Date: NOTARY PUBLIC in and for the State ofTexas 20zzirth" 7,^AL d"v E Engineer E Purchaser E Tenant E Preparer E other (specify) Name: Donald F, Warnke JANFT ADELE PICARD Notary Public, State of Texas Comm. Expire s 1 1 -07 -2022 Nota tD 124264937 Project Representative lnformation (complete if designated by owner) Company Cole & Associates Address: 7501 Lone Star Dr., Suite 8250 City:Plano phone: p72) 979-0758 State: TX zip coae: 75204 E66;1; dwarnke@coletx.com Planning & Development Department 3223 N. Powell Parkway . Anna,TX75049 t 972.924.2616 . www.annatexas.gov Item No. 17. Planning and Zoning Commission Agenda Planning Staff Report Meeting Date: 10/3/2022 Staff Contact: Ross Altobelli AGENDA ITEM: Consider/Discuss/Action on the Dreamville Anna, Block A, Lot 1, Site Plan. Applicant: Alvin Johnson / HHF Dreamville Anna, LLC. SUMMARY: Multiple-family residences and retail on one lot on 11.0± acres located on the west side of State Highway 5, 240± feet north of County Road 423. Zoned: Planned Development (Ord. No. 631-2013, Ord. No. 692-2015, & Ord. No. 975-2022). The purpose of the Site Plan is to show the proposed multiple-family residence and retail development site improvements. The applicant has requested a 30-day extension as they continue to make alterations to the proposed Site Plan and work through staff’s comments. FINANCIAL IMPACT: N/A STATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATIONS: Staff recommends that the Planning & Zoning Commission approve the applicant’s request for a 30-day extension. ATTACHMENTS: 1. Dreamville Anna Site Plan Locator Map 2. 30 day extention letter - Dreamville Anna 3. Development Application S POWELL PKWYGENOVEVALNABIGAIL LNWESTWOOD CT EDWARD STBENS DRWESTFIELD DRHAZELS WAYSINTERURBANSTCUNNINGHAM BLVD COUNTY ROAD 423S RIGGINSSTCopyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 300 600150 Feet September 2022 H:\Notification Maps\Notification Maps\ Site Plan - Dreamville Anna, Block A, Lot 1 RECEIVED September 21, 2022 PLANNING & DEVELOPMENT CITY OF ANNA THE CITY OFPlans & Plats Development Application Submittal Preliminary Plat/Replat Final Plat/Replat Combination Preliminary and Final Platx Amended Plat Minor Plat/Replat Development Plat Civil Plans Site Plan/Revised Site Plan Landscape Plan Tree Preservation Lighting Plan Concept Plan Facade Plan ! a ! ! ! ! tr Submittal Type *Prior opprovol Pre-Submittal: all required documents are present excluding fees. I understand that the project information presented to the City at this time is not filed, and therefore the City is not required to approve, approve with conditions, or disapprove the plan(s)/plat(s) within 30 days by the approval authority. This Pre-Submittal will be changed to a Submittal following the receipt of written notice and payment of fees. I am requesting this of my own volition and not at the request of the City of Anna. Submittal:all requireddocumentsarepresentincludingfees. lunderstandthattheprojectinformation presented to the City at this time is filed and therefore, the City is required to approve, approve with conditions, or disapprove the plan(s)/plat(s) within 30 days by the approval authority. Acreage Round decimols up to the neorest whole number 12 acre(s) Fees Please see the Fee Schedule, available on the g!!g$!lg, The application fee of S 720.00 to be paid to the City of Anna at least L week prior to planning commission meeting. NOTE: Additionol costs moy occrue during review by City consultonts of ony focilities ogreement ond/or civil construction plons. Planning & Development Department 3223 N. Powell Parkway . Anna,TX75049 o 972.924,2616 . www.annatexas.qov 1 Owner Author rzatron and Repre sentative THE CITY OFDesion Property Description subdivision: Dreamville Anna Addition Total Number of Acres: 1 1 '03 Zoning Classification(s)PD Total Number of Lots:2 Location: 1300 S. Powell Parkwav, Anna. TX 75409 Property Owner lnformation & Authorization Name/Company:Alvin Johnson/ HHF Dreamvilee Anna, LLC Address: 3900 S. Stonrbridge Drive, Suite 304 City McKinney state: TX Zip Code:75070 phone: Q14) 842-8075 ,rr,,. alvin@372hope.org Project Representation (check one): E I will represent the application myself; OR tr I hereby designate Donald F. Warnke (name of project representotive) to act in the capacity as my agent for submittal, processing, representation, and/or presentation of this request. The designated agent shall be the principal contact person for responding to all requests for information and for resolving all issues of concern relative to this request. I hereby certify that I am the property owner of the property and further certify that the information provided on this development application landscape incentive of my ow Property Owner's Signature: STATEOF: TEY,l S d I have selected the above submittal type, representation, and CoUNTYoF: CoLL/N BEFORE ME, a Notary Public, on this day personally appeared (printed property owner's name) lhe above signed, who, under oath, stated the following: "l hereby certify that I am the property owner for the purposes of this application; that all information submitted herein is true and correct." is true an n volition of the City of Anna. Date: NOTARY PUBLIC in and for the State ofTexas 20zzirth" 7,^AL d"v E Engineer E Purchaser E Tenant E Preparer E other (specify) Name: Donald F, Warnke JANFT ADELE PICARD Notary Public, State of Texas Comm. Expire s 1 1 -07 -2022 Nota tD 124264937 Project Representative lnformation (complete if designated by owner) Company Cole & Associates Address: 7501 Lone Star Dr., Suite 8250 City:Plano phone: p72) 979-0758 State: TX zip coae: 75204 E66;1; dwarnke@coletx.com Planning & Development Department 3223 N. Powell Parkway . Anna,TX75049 t 972.924.2616 . www.annatexas.gov Item No. 18. Planning and Zoning Commission Agenda Planning Staff Report Meeting Date: 10/3/2022 Staff Contact: Lauren Mecke AGENDA ITEM: Consider/Discuss/Action on the Ferguson-White Addition, Block A, Lot 1, Revised Site Plan. Applicant: Lamar National Bank SUMMARY: Bank on one lot on 2.2± acres located at the southwest corner of W. White Street and Ferguson Parkway. Zoned: Planned Development-Restricted Commercial and Restricted Commercial (PD-C-1/C-1) (Ord. No. 821-2019 & Ord. No. 950-2021). The purpose of the Revised Site Plan is to request an alternate equivalent screening method between the bank site and existing Oak Hollow Estates, Phase 1 Subdivision. Zoning Ordinance Requirement Screening fence – Sec. 9.04.021 (C-1 Restricted Commercial District) states: When a non-residentially zoned lot or tract abuts upon a zoning district boundary line dividing that lot or tract from a residentially zoned lot or tract, a minimum side yard of 10 feet shall be provided on the nonresidential property. A masonry wall having a minimum height of six feet above the average grade of the residential property shall be constructed on nonresidential property adjacent to the common side or rear property line. Sec. 9.04.039 (Screening device requirements) provides nonresidential development four (4) options for building materials: Brick masonry, stone masonry, or other architectural masonry finish. (No thin- wall masonry allowed; “thin wall” is defined as any wall 6" or less in width); Tubular steel (primed and painted) or wrought iron fence with masonry columns spaced a maximum of 20' on center with structural supports spaced every 10', and with sufficient evergreen landscaping to create a screening effect; Living plant screen (only upon approval by the planning and zoning commission through the site plan process); or Alternate equivalent screening (only upon approval by the planning and zoning commission through the site plan process). Sec. 9.06.006 (Minimum landscaping requirements) requires: Whenever a nonresidential use… is adjacent to a property used or zoned for single- family or duplex residential use, the more intensive land use shall provide a landscaped area of at least 10 feet in width along the common property line planted with one large tree (minimum three inches in caliper and seven feet in height at time of planting) for each 40 linear feet or portion thereof of adjacent exposure. Existing Conditions Along the property line there are existing wooden fences of varying height and color owned by the respective property owners of Oak Hollow Estates, Phase 1. The fence line can be seen in the image below taken from Google Street view in March 2020. Request The applicant and their project representative are proposing to use 6’-0” tall black iron fence panels with cedar trees (6 – 8 feet in height) spaced 6 feet apart from the center of the tree. FINANCIAL IMPACT: N/A STATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 1: Growing Anna Economy STAFF RECOMMENDATIONS: It is the Planning & Zoning Commission’s role to determine if the applicant’s request is an appropriate alternate equivalent screening. ATTACHMENTS: 1. Ferguson-White Addition Locator Map 2. Exhibit A (RSP) Ferguson-White Addn - Site Plan 3. Applicant Letter & Detail 4. Application PIN OAK TRL W WHITE ST POST OAK TRLWATEROAKWAYWHITE OAK RD LIVE OAK DRSFERGUSONPKWYRED OAK TRL BLACK OAK CT Copyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 200 400100 Feet September 2022 H:\Notification Maps\Notification Maps\ Revised Site Plan - Ferguson-White Addition, Block A, Lot 1 FARM TO MARKET HIGHWAY NO. 455(WHITE STREET)(VARIABLE WIDTH R.O.W.)S. FERGUSON PARKWAY(VARIABLE WIDTH R.O.W.)FHSSSSTEMPORARY SINGLE STORY MODULAR BANK 1,379± SQFT. HEIGHT = 14' ITM LANE BYPASS LANE ITM LANE ITM LANE BYPASS LANEM SINGLE STORYBANK BUILDINGSQFT. = 4,605HEIGHT = 34'-4"FFE. = 712.45'±VANSSWMOVERALL PROPOSED SITE PLANREV.DATEDESCRIPTIONBYEST, Inc.1500 CLARKSVILLE STREET, PARIS, TX. 75460Ph. (903) 732-6303www.estinc.comREGISTRATION NO. F-10777 PROGRESS SET - NOT FORCONSTRUCTIONTHIS DOCUMENT IS RELEASED FOR THEPURPOSE OF INTERIM REVIEW UNDER THEAUTHORITY OFJEFFREY D. ELDER, P.E. 99238ON 10/06/2021. IT IS NOT TO BE USED FOR CONSTRUCTION,BIDDING, OR PERMITTING PURPOSES.JOB NO.: 21-00420 DATE: 10/06/2021 DESIGNED BY: S.N. DRAWN BY: E.C. CHECKED BY: S.N.LAMAR NATIONAL BANKFERGUSON-WHITE ADDITIONLOT 1, BLOCK A2.20 ACRES95,793.1 Sq. FeetSURVEY ABSTRACT NUMBER: 856CONTACT: GREG WILSONADDRESS: 200 S. COLLEGIATE PARIS, TX. ZIP:75460PHONE: 903-785-0701ANNA, TX, COLLIN COUNTY384± LF. OF 6' Iron Fence Panels PROPOSED 6' SIDEWALK IRRIGATION METER WATER METER FIRE HYDRANT PROPOSED 4" SEWER LINE REF. UTILITY PLAN & SEWER DETAILS SS MANHOLE PROPOSED SS MANHOLE REF. SEWER DETAILS 8" SEWER LINE IN CASING TO BE BORED 1" WATER SERVICE LINE FIRE LANE FIRE LANE APPROXIMATELY 65± LF. OF EXISTING 6'x4' BOX CULVERT EXTENSION W/ MATCH EXISTING TYPE A HEADWALL. CONNECT TO EXISTING HEADWALL. (1" = 30' SCALE) 0 15'30'60'90'FIRE LANE = PHASE I BOUNDARY LINE PROPOSED 6" CURB REF. PAVING DETAILS HANDICAP SPACE KEY NOTES: A.11.00' WIDE VAN HANDICAP PARKING SPACE. B.10.00' WIDE HANDICAP WALKWAY. C.9.00' WIDE HANDICAP PARKING SPACE. PARKING SPACES COUNT REG. SPACES 31 HANDICAP SPACES 2 TOTAL SPACES 33 BAC2 SPACES@ 9.00' = 18'11 SPACES @ 9.00' = 99'7 SPACES @ 9.00' = 63'24'5 SPACES @ 9.00' = 45'24'30' 67'14'6 SPACES @ 9.00' = 54'20' (TYP)20'(TYP)14'14'14'14'24' R15' R39' R2' R15' R10' R15'R10' R10' R10'17'11' PROPOSED DUMPSTER ENCLOSURE W/ 7' MASONRY SCREENING WALL TO MATCH BUILDING W/ 7' SOLID METAL GATES. NOTE: 1.9'x18' PARKING STALLS W/ 2' OVERHANG (TYP). 2.TEMPORARY MODULAR BANK SHALL BE REMOVED AFTER 18 MONTHS OF ISSUANCE OF CERTIFICATE OF OCCUPANCY FOR STRUCTURE UNLESS EXTENSION IS GRANTED BY CITY COUNCIL WITHIN THIS TIME FRAME.30'128'120'120'120'RIGHT OF WAY RIGHT OF WAY RIGHT OF WAY RIGHT OF WAY RIGHT OF WAYRIGHT OF WAYEXISTING 5' SIDEWALK R30'R30' R30' R54' R10' R30' R30' R30' PROJECT PROPOSED TURN LANE R 1 5 ' 300'PROPOSED STOP BAR R30' R30' 2.20 ACRES ANNA, TEXAS, COLLIN COUNTY JOSEPH SCHULUTER SURVEY, ABSTRACT NO. 856 OCTOBER 20, 2021 180' 6'7'6' 20' OF LANDSCAPE BUFFER 20' OFLANDSCAPEBUFFER148± LF. FROMPROPERTY BOUNDARYTO ℄ OF LIVE OAK DRIVE60'100' 2 - PROPOSED WATER METERS & SEWER SERVICES 1" IRRIGATION METER 1" DOMESTIC WATER METER 2-4" SEWER SERVICE ON LOT FOR MODULAR & BANK BUILDINGS M WM 6' MASONRY SCREENING WALL TO BE INSTALLED ON LOT 2 WHEN DEVELOPED EXHIBIT A 1 1REVISED SITE PLAN REQUEST FOR ALTERNATE EQUVILANT SCREENING10/03/2022 September 22, 2022 City of Anna Attn: Lauren Mecke 120 W. 7th St. Anna, TX 75409 RE: Lamar National Bank Please take this letter as an application, to the Planning and Zoning committee, to propose a variance to Lamar National Banks site fencing. Included in the letter is the following: The original site plan with the fence location. Our proposed screen wall detail. A check for the reviewal process will be delivered to your office by Monday, September 26th. Please contact me if you may need any additional information. (AFarrell@mappbuilt.com or 225.485.3403) Sincerely, Allison Farrell MAPP, LLC Assistant Project Manager CC: 81168 Mike Donovan FARM TO MARKET HIGHWAY NO. 455(WHITE STREET)(VARIABLE WIDTH R.O.W.)S. FERGUSON PARKWAY(VARIABLE WIDTH R.O.W.)FHTEMPORARY SINGLE STORY MODULAR BANK FFE. = 705.88' ITM LANE BYPASS LANE ITM LANE ITM LANE BYPASS LANEM SINGLE STORYBANK BUILDINGSQFT. = 4,605HEIGHT = 34'-4"FFE. = 712.45'±VANSSWMSSSSOVERALL PROPOSED SITE PLANREV.DATEDESCRIPTIONBYEST, Inc.1485 N. Main St., PARIS, TX. 75460Ph. (903) 732-6303www.estinc.comREGISTRATION NO. F-10777 JOB NO.: 21-00420 DATE: 04/05/2022 DESIGNED BY: J.E. DRAWN BY: E.C. CHECKED BY: S.N.LAMAR NATIONAL BANKPHASE - 2FERGUSON-WHITE ADDITIONLOT 1, BLOCK A2.20 ACRES95,793.1 Sq. FeetSURVEY ABSTRACT NUMBER: 856CONTACT: GREG WILSONADDRESS: 200 S. COLLEGIATE PARIS, TX. ZIP:75460PHONE: 903-785-0701ANNA, TX, COLLIN COUNTYTHE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY JEFFREY D. ELDER, P.E. 99238 04/05/2022 ALTERATION OF A SEALED DOCUMENT WITHOUT PROPER NOTIFICATION TO THE RESPONSIBLE ENGINEER IS AN OFFENSE UNDER THE TEXAS ENGINEERING PRACTICE ACT EST, INC. TEXAS ENGINEERING FIRM F-10777 04/05/2022ASI#1 - PHASE 1(1" = 30' SCALE) 0 15'30'60'90' = PHASE I BOUNDARY LINE PROPOSED 4" SEWER LINE REF. UTILITY PLAN & SEWER DETAILS SS MANHOLE PROPOSED SS MANHOLE REF. SEWER DETAILS 1" WATER SERVICE LINE PROPOSED 6" CURB REF. PAVING DETAILS PROPOSED DUMPSTER ENCLOSURE EXISTING 5' SIDEWALK C3 Plans & Plats Development Application Planning & Development Department 3223 N. Powell Parkway ● Anna, TX 75049 ● 972.924.2616 ● www.annatexas.gov Submittal □Preliminary Plat/Replat □Final Plat/Replat □Combination Preliminary and Final Plat* □Amended Plat □Minor Plat/Replat □Development Plat □Civil Plans □Site Plan/Revised Site Plan □Landscape Plan □Tree Preservation □Lighting Plan □Concept Plan □Facade Plan *Prior approval required Submittal Type □Pre-Submittal: all required documents are present excluding fees. I understand that the project information presented to the City at this time is not filed, and therefore the City is not required to approve, approve with conditions, or disapprove the plan(s)/plat(s) within 30 days by the approval authority. This Pre-Submittal will be changed to a Submittal following the receipt of written notice and payment of fees. I am requesting this of my own volition and not at the request of the City of Anna. □Submittal: all required documents are present including fees. I understand that the project informat ion presented to the City at this time is filed and therefore, the City is required to approve, approve with conditions, or disapprove the plan(s)/plat(s) within 30 days by the approval authority. Acreage Round decimals up to the nearest whole number. _______________ acre(s) Fees Please see the Fee Schedule, available on the city website. The application fee of $______________________, to be paid to the City of Anna at least 1 week prior to planning commission meeting. NOTE: Additional costs may accrue during review by City consultants of any facilities agreement and/or civil construction plans. 3 100.00 DocuSign Envelope ID: BB48A6C6-DF3E-4BE7-9A67-FBD1321BD319 X X Owner Authorization and Representative Designation Planning & Development Department 3223 N. Powell Parkway ● Anna, TX 75049 ● 972.924.2616 ● www.annatexas.gov Property Description Subdivision: ____________________________________ Zoning Classification(s): __________________________ Total Number of Acres: __________________________ Total Number of Lots: ___________________________ Location: ______________________________________________________________________________________ Property Owner Information & Authorization Name/Company: ________________________________________________________________________________ Address: _______________________________________________________________________________________ City: _______________________________________ State: _________ Zip Code: ________________________ Phone: _______________________________ Email: _________________________________________________ Project Representation (check one): □ I will represent the application myself; OR □ I hereby designate _________________________________ (name of project representative) to act in the capacity as my agent for submittal, processing, representation, and/or presentation of this request. The designated agent shall be the principal contact person for responding to all requests for information and for resolving all issues of concern relative to this request. I hereby certify that I am the property owner of the property and further certify that the information provided on this development application is true and correct. I have selected the above submittal type, representation, and landscape incentive of my own volition and not at the request of the City of Anna. Property Owner’s Signature: ________________________________________ Date: ________________________ STATE OF: ____________________ COUNTY OF: __________________ BEFORE ME, a Notary Public, on this day personally appeared ___________________________________________ (printed property owner’s name) the above signed, who, under oath, stated the following: “I hereby certify that I am the property owner for the purposes of this application; that all information submitted herein is true and correct.” SUBSCRIBED AND SWORN TO before me, this the _________ day of _____________________________, 20______ _________________________________________________________ NOTARY PUBLIC in and for the State of Texas Project Representative Information (complete if designated by owner) □ Engineer □ Purchaser □ Tenant □ Preparer □ Other (specify): _______________________________ Name: ________________________________________________________________________________________ Company: ______________________________________________________________________________________ Address: _______________________________________________________________________________________ City: _______________________________________ State: _________ Zip Code: ________________________ Phone: _______________________________ Email: _________________________________________________ Feruson- White Addn 3 PD-C-1 1 Lamar National Bank 200 S, Collegiate Paris TX 75460 Allison Farrell/Clark Miller MAPP 3625 N. Hall St. Suite 1200 Dallas TX 75219 afarrell@mappbuilt.com DocuSign Envelope ID: BB48A6C6-DF3E-4BE7-9A67-FBD1321BD319 Brian Blair 9/22/2022 | 2:32 PM CDT 22 September 22 Texas Dallas X Allison Farrell/Clark Miller Item No. 19. Planning and Zoning Commission Agenda Planning Staff Report Meeting Date: 10/3/2022 Staff Contact: Lauren Mecke AGENDA ITEM: Conduct a Public Hearing/Consider/Discuss/Action on a request to establish zoning on 78.0± acres located on the north side of Farm-to-Market Road 455, 3,830± feet west of Standridge Boulevard to Planned Development -SF-TH Townhome District. Zoned: Extraterritorial Jurisdiction (ETJ). Applicant: Charles Covey - LandVest Development. SUMMARY: The applicant is requesting to establish zoning for the property to allow for a residential and commercial development with modified development standards. A Planned Development (PD) district is intended to provide for combining and mixing of uses allowed in various districts with appropriate regulations and to permit flexibility in the use and design of land and buildings in situations where modification of specific provisions of this article is not contrary to its intent and purpose or significantly inconsistent with the planning on which it is based and will not be harmful to the community. A PD district may be used to permit new and innovative concepts in land utilization. While great flexibility is given to provide special restrictions which will allow development not otherwise permitted, procedures are established herein to insure against misuse of the increased flexibility. A concept plan (Exhibit A), The Parks at Hurricane Creek accompanies this request. Surrounding Land Uses and Zoning North Vacant tract located in the ETJ East Vacant tract located in the ETJ and future parkland zoned Planned Development (Ord. No. 886-2020) South Across W Farm-to-Market 455, vacant land located in the ETJ West Multiple vacant tracts and kennel with outside pens located in the ETJ Proposed Planned Development Stipulations The requested zoning is PD to allow for C-1 Restricted Commercial District and SF-TH Townhome District with modified development standards. There are two primary parts to this request: land use and design standards. Land Use - The applicant is proposing to establish zoning for the subject property to allow for residential and commercial developments. The residential zoning will provide for a medium density residential environment of attached townhome units on individual platted lot while the commercial zoning (C-1 base district) will accommodate the shopping needs of residents in adjacent residential areas. Design Standards - The language in the proposed PD district will modify commercial and residential development standards by: 1. Modifying Townhome District area and miscellaneous requirements, 2. Providing publicly accessible trails, 3. Allowing for a modified right-of-way cross section, and 4. Modifying screening requirements between commercial and residential zoning areas. Conformance with the Anna2050 Comprehensive Plan Future Land Use Plan The Future Land Use Plan designates this property as Parks and Open Space and Cluster Residential. Cluster residential neighborhoods are intended to provide smaller single family detached and attached residential lots. Home sites are located in platted subdivisions with all utilities, residential streets and sidewalks. Townhomes and other single-family attached homes are listed as primary land uses. The Parks and Open Space designation is due to Hurricane Creek traversing along the western property boundary. CONCLUSION: Request to establish zoning to allow for a single-family townhome development and a commercial lot with modified development standards on 78.0± acres located on the north side of Farm-to-Market Road 455, 3,830± feet west of Standridge Boulevard to Planned Development. Zoned: Extraterritorial Jurisdiction (ETJ). FINANCIAL IMPACT: N/A STATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 1: Growing Anna Economy Goal 2: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATIONS: If the Commission votes in favor of the zoning request, below are recommended restrictions for the applicants’ zoning request: Restrictions: A. The location of the planned development zoning district shall be in substantial conformance with the Concept Plan. B. Standards and Area Regulations: Development must comply with the development standards for use, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, and lighting, set forth in SF-TH and C-1 zoning districts and the Planning and Development Regulations except as otherwise specified herein. i. C-1 Restricted Commercial: 1. Landscape buffer adjacent to common area lot: 5 feet 2. Screening wall: A screening wall is not required between the commercial lot and the common area lot. ii. SF-TH Townhome District: 1. Lot area: 1,400 square feet per unit 2. Lot width: 20 feet for interior units; 25 feet for end units 3. Lot depth: 70 feet 4. Lot coverage: 75% 5. Front yard setbacks: a. Garages: 20 feet b. All other portions of the building:15 feet 6. Rear yard setbacks: 0 feet 7. Side yard: 0 feet when abutting common area lot; 10 feet if abutting a right-of- way (R.O.W.) 8. Maximum height: 3 stories; 40 feet 9. Parking: a. Two (2) enclosed spaces behind the front yard line. b. Visitor parking: 0.25 per dwelling unit. 10. Building separation/Common Area Mews: common areas shall be required between all buildings as shown on the concept plan with a minimum space between buildings of 20 feet. iii. Sidewalks and Walking Trail 1. Sidewalks: a. Sidewalks shall be at least six (6) feet when adjacent to eighteen (18) foot parking spaces. 2. Walking Trail: a. A minimum eight (8) ft. wide concrete trail shall be constructed per the general location shown on the approved concept plan. Along the entire length of the trail, one bench per every one thousand (1,000) ft and trash can per one thousand (1,000) ft. shall be provided. Trash to be maintained by the homeowners association. b. The trail system shall be accessible and open to the general public. The remaining open space/common area lots and amenities located within such areas may be reserved for private use, at the property owner’s discretion. iv. Right-of-way sections 1. Parking: a. Off-street parking shown on the approved concept plan that is located at the corner of each block shall be dedicated as a part of the right-of-way. b. On-street parking shall be prohibited along any R.O.W. less than 50 feet. 2. As shown on the approved Concept Plan the 41’ R.O.W. cross section shall include. a. Right-of-way minimum width: 41 feet b. Paving Section: 25 feet back-to-back c. 5-foot wide sidewalks v. Along all common area parcels/lots, developers shall be required to plant one large tree (minimum of three-inch caliper and seven feet high at the time of planting) per 40 linear feet, or portion thereof, of street frontage. Trees may be grouped or clustered to facilitate site design. C. Plats and/or site plans submitted for the development of the PD shall conform to the data presented and approved on the Concept Plan. Non-substantial changes of detail on the final development plan(s) that differ from the Concept Plan may be authorized by the City Council with the approval of the final development plan(s) and without a public hearing. D. The Concept Plan will expire after two (2) years of approval. ATTACHMENTS: 1. The Parks at Hurricane Creek Zoning Locator Map 2. Exhibit A (CP) Parks at HC 3. Response 1 4. Application - The Parks at Hurricane Creek SHADYBROOKTR L HIDD E NVALLEYDR COUNTYROAD828COWAN R D COUNTYROAD937P R I VAT E ROA D 5 1 2 4 W WHITE ST COUNTY ROAD 287 R O LLING M E ADOW DR LAKESHORE DR CREEK MEADOW DR WI NDI NGCREEKLNP A R K V I EW L N LAKEFORESTTRLSSTANDRIDGEBLVDW F M 455 COUNTY ROAD 82 7 COUNTY ROAD 288 COUNTYROAD286S P I R ITS O N G WAYCopyright nearmap 2015 Subject Property 200' Notice Boundary City Limits ETJ ¯ 0 900 1,800450 Feet July 2022 H:\Notification Maps\Notification Maps\ Zoning - The Parks at Hurricane Creek Property Owner: Charles CoveyOwner Company: LandVest DevelopmentOwner Address: 704 Central Pkwy E, STE 1220 Plano, TX 75074Phone Number: 903-271-8907CONCEPT PLANfor inspection purposes only and in no way official or approved for recording purposesVICINITY MAPTYPICAL SF-TH LOT DETAIL Engineering and SurveyingApprox FEMAZone XApprox FEMAZone XPOINT OFBEGINNING± 63.99 AcresUnsubdividedSunlit Holdings LLCCCFN: 20180925001201240BLOCK AR30'R20'R20'R20'R30'R20'R20'R20'R30'R300'R300'R30'R20'R30'R30'R30'RIGHT-OF-WAYDEDICATIONHurricane CreekHurricane CreekHurricane Creek R30'R30'R30'R30'R30'R30'R20'R20'R30'BLOCK BBLOCK CBLOCK DBLOCK EBLOCK FBLOCK GBLOCK HBLOCK IBLOCK JBLOCK JBLOCK JBLOCK JPARKINGDIMENSIONSR30'R30'41' Right-of-Way Cross-SectionDivided Roadway Cross-Section80'41' Right-of-Way Cross-Section (Not to Scale)Divided Entrance Roadway Cross-Section (Not to Scale)EXHIBIT A1 OF 2LOT 1LOT 1LOT 1LOT 1LOT 1LOT 1 Property Owner: Charles CoveyOwner Company: LandVest DevelopmentOwner Address: 704 Central Pkwy E, STE 1220 Plano, TX 75074Phone Number: 903-271-8907CONCEPT PLANfor inspection purposes only and in no way official or approved for recording purposesVICINITY MAP Engineering and SurveyingApprox FEMAZone XApprox FEMAZone ABLOCK JApprox FEMAZone XApprox FEMAZone A Approx FEMAZone XWest F.M. 455(Existing 80' R.O.W.)V372, P243UnsubdividedKCKM Properties LLC359310POINT OFBEGINNING.99 Acres± 262.04 AcresUnsubdividedCADG Hurricane Creek LLCCCFN: 20150529000631020± 63.99 AcresUnsubdividedSunlit Holdings LLCCCFN: 20180925001201240Hurricane CreekHurricane CreekHurricane CreekRIGHT-OF-WAYDEDICATIONBLOCK HBLOCK GBLOCK ABLOCK BBLOCK CBLOCK DBLOCK EBLOCK FBLOCK IBLOCK JBLOCK JBLOCK JBLOCK JEXHIBIT A2 OF 2LOT 1LOT 1LOT 1LOT 1LOT 1LOT 1LOT 1 Application for Zoning Change Planning & Development Department 3223 N. Powell Parkway ● Anna, TX 75049 ● 972.924.2616 ● www.annatexas.gov Project Type □ Change of zoning classification (initial/straight re- zoning) to: ________________________________ □ Planned Development using base zoning classification: _____________________________________ □ Specific Use Permit for: ___________________________________________________________________ NOTE: Failure to obtain final approval on this case within six months may constitute denial or withdrawal of this case by Council or Staff without refund of fees. Fees required for this application established by the City of Anna must be submitted simultaneously with this application for acceptance. Existing Zoning □ AG Agricultural District □ SF-E Single-Family Residential - Large Lot □ SF-1 Single-Family Residential □ SF-84 Single-Family Residential District - 84 □ SF-72 Single-Family Residential District - 72 □ SF-60 Single-Family Residential District - 60 □ SF-Z Single-Family Residential District - Zero Lot Line Homes □ SF-TH Single-Family Residential District - Townhomes □ MH-1 Manufactured Home District □ MH-2 Manufactured Home Park District □ TF Two-Family Residential □ MF-1 Multiple-Family Residential - Low Density □ MF-2 Multiple-Family Residential - High Density □ C-1 Restricted Commercial □ C-2 General Commercial □ NC Neighborhood Convenience District □ CBRD Central Business Redevelopment District □ C-3 Planned Center District □ O-1 Office District □ I-1 Light Industrial District □ I-2 Heavy Industrial District □ PD Planned Development District ________________________________ □ THOR Thoroughfare Overlay District □ F-B Food and Beverage Overlay District Fees Zoning $300, plus $10 per acre Planned Development $500, plus $30 per acre Specific Use $300 plus $10 per acre (Mobile Homes $300) Reason for Zoning Change ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ 02/06/2020 2 of 5 4 SF-TH Initial zoning and annexation of property for a proposal of new Single-Family Residences attached on 77.96 acres located on the north side of W. White Street (FM 455), 3900 feet west of S Stanbridge Blvd. Property is currently in ETJ, not yet zoned. Plans & Plats Development Application Planning & Development Department 3223 N. Powell Parkway ● Anna, TX 75049 ● 972.924.2616 ● www.annatexas.gov Submittal □ Preliminary Plat/Replat □ Final Plat/Replat □ Combination Preliminary and Final Plat* □ Amended Plat □ Minor Plat/Replat □ Development Plat □ Civil Plans □ Site Plan/Revised Site Plan □ Landscape Plan □ Tree Preservation □ Lighting Plan □ Concept Plan *Prior approval required Submittal Type □ Pre-Submittal: all required documents are present excluding fees. I understand that the project information presented to the City at this time is not filed, and therefore the City is not required to approve, approve with conditions, or disapprove the plan(s)/plat(s) within 30 days by the approval authority. This Pre-Submittal will be changed to a Submittal following the receipt of written notice and payment of fees. I am requesting this of my own volition and not at the request of the City of Anna. □ Submittal: all required documents are present including fees. I understand that the project informat ion presented to the City at this time is filed and therefore, the City is required to approve, approve with conditions, or disapprove the plan(s)/plat(s) within 30 days by the approval authority. Acreage Round decimals up to the nearest whole number. _______________ acre(s) Fees Please see the Fee Schedule, available on the city website. The application fee of $______________________, to be paid to the City of Anna at least 1 week prior to planning commission meeting. NOTE: Additional costs may accrue during review by City consultants of any facilities agreement and/or civil construction plans. 02/06/2020 3 of 5 4 4 78 3900 Owner Authorization and Representative Designation Planning & Development Department 3223 N. Powell Parkway ● Anna, TX 75049 ● 972.924.2616 ● www.annatexas.gov Property Description Subdivision: ____________________________________ Zoning Classification(s): __________________________ Total Number of Acres: __________________________ Total Number of Lots: ___________________________ Location: ______________________________________________________________________________________ Property Owner Information & Authorization Name/Company: ________________________________________________________________________________ Address: _______________________________________________________________________________________ City: _______________________________________ State: _________ Zip Code: ________________________ Phone: _______________________________ Email: _________________________________________________ Project Representation (check one): □ I will represent the application myself; OR □ I hereby designate _________________________________ (name of project representative) to act in the capacity as my agent for submittal, processing, representation, and/or presentation of this request. The designated agent shall be the principal contact person for responding to all requests for information and for resolving all issues of concern relative to this request. I hereby certify that I am the property owner of the property and further certify that the information provided on this development application is true and correct. I have selected the above submittal type, representation, and landscape incentive of my own volition and not at the request of the City of Anna. Property Owner’s Signature: ________________________________________ Date: ________________________ STATE OF: ____________________ COUNTY OF: __________________ BEFORE ME, a Notary Public, on this day personally appeared ___________________________________________ (printed property owner’s name) the above signed, who, under oath, stated the following: “I hereby certify that I am the property owner for the purposes of this application; that all information submitted herein is true and correct.” SUBSCRIBED AND SWORN TO before me, this the _________ day of _____________________________, 20______ _________________________________________________________ NOTARY PUBLIC in and for the State of Texas Project Representative Information (complete if designated by owner) □ Engineer □ Purchaser □ Tenant □ Preparer □ Other (specify): _______________________________ Name: ________________________________________________________________________________________ Company: ______________________________________________________________________________________ Address: _______________________________________________________________________________________ City: _______________________________________ State: _________ Zip Code: ________________________ Phone: _______________________________ Email: _________________________________________________ 02/06/2020 4 of 5 The Parks at Hurricane Creek 77.96 SF-TH 300 North side of W. White Street (FM 455) and west of S Standridge Blvd (Currently ETJ). Charles Covey - LandVest Development 704 Central Pkwy E, STE 1220 Plano TX 75074 469-562-8929 charles@landvestdev.com 4 4 Kaleb Gilbert 7/5/2022 Texas Collin Charles Covey 5th July 22 4 Kaleb J. Gilbert, P.E. Centerline Engineering & Consulting LLC 704 Central Pkwy E, STE 1220 Plano TX 75074 469.850.4162 kgilbert@centerlineengineering.net Item No. 20. Planning and Zoning Commission Agenda Planning Staff Report Meeting Date: 10/3/2022 Staff Contact: Lauren Mecke AGENDA ITEM: Consider/Discuss/Action on The Parks at Hurricane Creek, Concept Plan. Applicant: Charles Covey - LandVest Development. SUMMARY: 288 SF-TH Townhome District lots, one C-1 Restricted Commercial lot and ten common area lots on 78.0± acres located on the north side of Farm-to-Market Road 455, 3,830± feet west of Standridge Boulevard. Located in the Extraterritorial Jurisdiction (ETJ). Proposed Zoning: Planned Development This concept plan is associated with the zoning case and is contingent upon approval of the annexation and zoning case. The purpose of the concept plan is to show the conceptual layout and related site improvements associated with the future residential development. The concept plan complies with the zoning district's area regulations as requested by the zoning case. FINANCIAL IMPACT: N/A STATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 1: Growing Anna Economy Goal 2: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATIONS: If the zoning amendment is recommended for approval, Concept Plan approval shall be subject to City Council approval of the annexation and zoning request. ATTACHMENTS: 1. The Parks at Hurricane Creek Concept Plan Locator Map 2. Exhibit A (CP) Parks at HC 3. Application - The Parks at Hurricane Creek SHADYBROOKTR L HIDD E NVALLEYDR COUNTYROAD828COWAN R D COUNTYROAD937P R I VAT E ROA D 5 1 2 4 W WHITE ST COUNTY ROAD 287 R O LLING M E ADOW DR LAKESHORE DR CREEK MEADOW DR WI NDI NGCREEKLNP A R K V I EW L N LAKEFORESTTRLSSTANDRIDGEBLVDW F M 455 COUNTY ROAD 82 7 COUNTY ROAD 288 COUNTYROAD286S P I R ITS O N G WAYCopyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 900 1,800450 Feet July 2022 H:\Notification Maps\Notification Maps\ Concept Plan - The Parks at Hurricane Creek Property Owner: Charles CoveyOwner Company: LandVest DevelopmentOwner Address: 704 Central Pkwy E, STE 1220 Plano, TX 75074Phone Number: 903-271-8907CONCEPT PLANfor inspection purposes only and in no way official or approved for recording purposesVICINITY MAPTYPICAL SF-TH LOT DETAIL Engineering and SurveyingApprox FEMAZone XApprox FEMAZone XPOINT OFBEGINNING± 63.99 AcresUnsubdividedSunlit Holdings LLCCCFN: 20180925001201240BLOCK AR30'R20'R20'R20'R30'R20'R20'R20'R30'R300'R300'R30'R20'R30'R30'R30'RIGHT-OF-WAYDEDICATIONHurricane CreekHurricane CreekHurricane Creek R30'R30'R30'R30'R30'R30'R20'R20'R30'BLOCK BBLOCK CBLOCK DBLOCK EBLOCK FBLOCK GBLOCK HBLOCK IBLOCK JBLOCK JBLOCK JBLOCK JPARKINGDIMENSIONSR30'R30'41' Right-of-Way Cross-SectionDivided Roadway Cross-Section80'41' Right-of-Way Cross-Section (Not to Scale)Divided Entrance Roadway Cross-Section (Not to Scale)EXHIBIT A1 OF 2LOT 1LOT 1LOT 1LOT 1LOT 1LOT 1 Property Owner: Charles CoveyOwner Company: LandVest DevelopmentOwner Address: 704 Central Pkwy E, STE 1220 Plano, TX 75074Phone Number: 903-271-8907CONCEPT PLANfor inspection purposes only and in no way official or approved for recording purposesVICINITY MAP Engineering and SurveyingApprox FEMAZone XApprox FEMAZone ABLOCK JApprox FEMAZone XApprox FEMAZone A Approx FEMAZone XWest F.M. 455(Existing 80' R.O.W.)V372, P243UnsubdividedKCKM Properties LLC359310POINT OFBEGINNING.99 Acres± 262.04 AcresUnsubdividedCADG Hurricane Creek LLCCCFN: 20150529000631020± 63.99 AcresUnsubdividedSunlit Holdings LLCCCFN: 20180925001201240Hurricane CreekHurricane CreekHurricane CreekRIGHT-OF-WAYDEDICATIONBLOCK HBLOCK GBLOCK ABLOCK BBLOCK CBLOCK DBLOCK EBLOCK FBLOCK IBLOCK JBLOCK JBLOCK JBLOCK JEXHIBIT A2 OF 2LOT 1LOT 1LOT 1LOT 1LOT 1LOT 1LOT 1 Application for Zoning Change Planning & Development Department 3223 N. Powell Parkway ● Anna, TX 75049 ● 972.924.2616 ● www.annatexas.gov Project Type □ Change of zoning classification (initial/straight re- zoning) to: ________________________________ □ Planned Development using base zoning classification: _____________________________________ □ Specific Use Permit for: ___________________________________________________________________ NOTE: Failure to obtain final approval on this case within six months may constitute denial or withdrawal of this case by Council or Staff without refund of fees. Fees required for this application established by the City of Anna must be submitted simultaneously with this application for acceptance. Existing Zoning □ AG Agricultural District □ SF-E Single-Family Residential - Large Lot □ SF-1 Single-Family Residential □ SF-84 Single-Family Residential District - 84 □ SF-72 Single-Family Residential District - 72 □ SF-60 Single-Family Residential District - 60 □ SF-Z Single-Family Residential District - Zero Lot Line Homes □ SF-TH Single-Family Residential District - Townhomes □ MH-1 Manufactured Home District □ MH-2 Manufactured Home Park District □ TF Two-Family Residential □ MF-1 Multiple-Family Residential - Low Density □ MF-2 Multiple-Family Residential - High Density □ C-1 Restricted Commercial □ C-2 General Commercial □ NC Neighborhood Convenience District □ CBRD Central Business Redevelopment District □ C-3 Planned Center District □ O-1 Office District □ I-1 Light Industrial District □ I-2 Heavy Industrial District □ PD Planned Development District ________________________________ □ THOR Thoroughfare Overlay District □ F-B Food and Beverage Overlay District Fees Zoning $300, plus $10 per acre Planned Development $500, plus $30 per acre Specific Use $300 plus $10 per acre (Mobile Homes $300) Reason for Zoning Change ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ 02/06/2020 2 of 5 4 SF-TH Initial zoning and annexation of property for a proposal of new Single-Family Residences attached on 77.96 acres located on the north side of W. White Street (FM 455), 3900 feet west of S Stanbridge Blvd. Property is currently in ETJ, not yet zoned. Plans & Plats Development Application Planning & Development Department 3223 N. Powell Parkway ● Anna, TX 75049 ● 972.924.2616 ● www.annatexas.gov Submittal □ Preliminary Plat/Replat □ Final Plat/Replat □ Combination Preliminary and Final Plat* □ Amended Plat □ Minor Plat/Replat □ Development Plat □ Civil Plans □ Site Plan/Revised Site Plan □ Landscape Plan □ Tree Preservation □ Lighting Plan □ Concept Plan *Prior approval required Submittal Type □ Pre-Submittal: all required documents are present excluding fees. I understand that the project information presented to the City at this time is not filed, and therefore the City is not required to approve, approve with conditions, or disapprove the plan(s)/plat(s) within 30 days by the approval authority. This Pre-Submittal will be changed to a Submittal following the receipt of written notice and payment of fees. I am requesting this of my own volition and not at the request of the City of Anna. □ Submittal: all required documents are present including fees. I understand that the project informat ion presented to the City at this time is filed and therefore, the City is required to approve, approve with conditions, or disapprove the plan(s)/plat(s) within 30 days by the approval authority. Acreage Round decimals up to the nearest whole number. _______________ acre(s) Fees Please see the Fee Schedule, available on the city website. The application fee of $______________________, to be paid to the City of Anna at least 1 week prior to planning commission meeting. NOTE: Additional costs may accrue during review by City consultants of any facilities agreement and/or civil construction plans. 02/06/2020 3 of 5 4 4 78 3900 Owner Authorization and Representative Designation Planning & Development Department 3223 N. Powell Parkway ● Anna, TX 75049 ● 972.924.2616 ● www.annatexas.gov Property Description Subdivision: ____________________________________ Zoning Classification(s): __________________________ Total Number of Acres: __________________________ Total Number of Lots: ___________________________ Location: ______________________________________________________________________________________ Property Owner Information & Authorization Name/Company: ________________________________________________________________________________ Address: _______________________________________________________________________________________ City: _______________________________________ State: _________ Zip Code: ________________________ Phone: _______________________________ Email: _________________________________________________ Project Representation (check one): □ I will represent the application myself; OR □ I hereby designate _________________________________ (name of project representative) to act in the capacity as my agent for submittal, processing, representation, and/or presentation of this request. The designated agent shall be the principal contact person for responding to all requests for information and for resolving all issues of concern relative to this request. I hereby certify that I am the property owner of the property and further certify that the information provided on this development application is true and correct. I have selected the above submittal type, representation, and landscape incentive of my own volition and not at the request of the City of Anna. Property Owner’s Signature: ________________________________________ Date: ________________________ STATE OF: ____________________ COUNTY OF: __________________ BEFORE ME, a Notary Public, on this day personally appeared ___________________________________________ (printed property owner’s name) the above signed, who, under oath, stated the following: “I hereby certify that I am the property owner for the purposes of this application; that all information submitted herein is true and correct.” SUBSCRIBED AND SWORN TO before me, this the _________ day of _____________________________, 20______ _________________________________________________________ NOTARY PUBLIC in and for the State of Texas Project Representative Information (complete if designated by owner) □ Engineer □ Purchaser □ Tenant □ Preparer □ Other (specify): _______________________________ Name: ________________________________________________________________________________________ Company: ______________________________________________________________________________________ Address: _______________________________________________________________________________________ City: _______________________________________ State: _________ Zip Code: ________________________ Phone: _______________________________ Email: _________________________________________________ 02/06/2020 4 of 5 The Parks at Hurricane Creek 77.96 SF-TH 300 North side of W. White Street (FM 455) and west of S Standridge Blvd (Currently ETJ). Charles Covey - LandVest Development 704 Central Pkwy E, STE 1220 Plano TX 75074 469-562-8929 charles@landvestdev.com 4 4 Kaleb Gilbert 7/5/2022 Texas Collin Charles Covey 5th July 22 4 Kaleb J. Gilbert, P.E. Centerline Engineering & Consulting LLC 704 Central Pkwy E, STE 1220 Plano TX 75074 469.850.4162 kgilbert@centerlineengineering.net Item No. 21. Planning and Zoning Commission Agenda Planning Staff Report Meeting Date: 10/3/2022 Staff Contact: Lauren Mecke AGENDA ITEM: Conduct a Public Hearing/Consider/Discuss/Action on a request for a Specific Use Permit (SUP) for a metering station on one lot on 0.6± acre located on the north side of future Rosamond Parkway, 995± feet west of County Road 368. Applicant: MM Anna 325 LLC. SUMMARY: The applicant is requesting a Specific Use Permit (SUP) for a gas metering station. The Zoning Ordinance defines gas metering station as a facility at which natural gas flows are regulated and recorded. The subject property is undeveloped and zoned Planned Development (Ord. No. 932- 2021). The property will be a common area lot of the Villages of Hurricane Creek – North Subdivision. There is an existing 50-foot utility easement and gas line which this would be connecting to. A site plan for the gas metering station, Villages of Hurricane Creek, North, Block N, Lot 1X, accompanies this request. Surrounding Land Use and Zoning North Urban Crossing Subdivision zoned SF-E East Undeveloped remainder of common area lot. Villages of Hurricane Creek – North, Phase 1 zoned Planned Development (Ord. No. 932-2021) South Undeveloped land. Villages of Hurricane Creek – North, Phase 2 zoned Planned Development (Ord. No. 932-2021) West Under construction, single-family dwellings, detached. Villages of Hurricane Creek – North, Phase 1 zoned Planned Development (Ord. No. 932-2021) Specific Use Permit The Zoning Ordinance designates certain uses as requiring a SUP to allow the Planning & Zoning Commission and City Council to review requests on a case-by-case basis as to its probable effect on the adjacent property and the community welfare. The request may be approved or denied as the findings indicate appropriate with regard to the health, safety and welfare of the general public. The planning and zoning commission may recommend to the city council that certain safeguards and conditions concerning setbacks, ingress and egress, off-street parking and loading arrangement, location or construction of buildings and uses and operation be required. The Zoning Ordinance and Planned Development allows gas metering station within residential zoning districts with approval of a SUP. SUMMARY: Request for a Specific Use Permit to allow for a gas metering station on one lot on 0.6± acre located on the north side of future Rosamond Parkway, 995± feet west of County Road 368. FINANCIAL IMPACT: N/A STATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATIONS: The requested use is appropriate as the property is limited with the presence of the existing gas line and easement and future alignment of W Rosamond Parkway. ATTACHMENTS: 1. Gas Metering Station SUP Request Locator Map 2. Exhibit A (SP) Villages of Hurricane Creek - North Gas Metering Station 3. Application W COUNTY ROAD 370 CROSSING DRURBAN WAYCOUNTYROAD368Copyright nearmap 2015 Subject Property 200' Notice Boundary City Limits ETJ ¯ 0 200 400100 Feet September 2022 H:\Notification Maps\Notification Maps\ Gas Metering Station Specific Use Permit Request PROPOSED TEMPORARY WORKSPACE EASEMENT PROPOSED PIPELINE EASEMENT 4,792 SQ. FT. TEMPORARY WORKSPACE EASEMENT TEMPORARY WORKSPACE EASEMENT PRE-FABRICATED MEASURING STATION SKID (REFERENCE NSES PLANS FOR DETAILS) APPROXIMATE LOCATION OF EXISTING GAS PIPELINE EXISTING 50' UTILITY EASEMENT 10' SETBACK 25'25'±35'±20'15' 30'50'15' N88°59'00"E 461.47' N: 7184073.36 E: 2551474.61 N: 7183967.69 E: 2551576.48 700 700701702703704715 720 714 716 717 718 719 721 7 1 0 706 707 7 0 8 7 0 9 711 712 713 714 N1°00'20"W 167.09' N88°54'02"E 100.00' S1°00'20"E 107.61' S58°12'04"W 103.61' ∆=0°23'32" R=1874.72' L=12.83' CB=S58°00'18"W C=12.83' PROPOSED LIMITS OF GAS METERING STATION APPROXIMATE LOCATION OF EXISTING GAS PIPELINE ALL SITE APPURTENANCES SHALL BE WITHIN THE LIMITS OF THE PROPOSED EASEMENT PROPOSED TEMPORARY WORKSPACE 705 701 702703 704 706 707 708 708709709 695 691 692 693 694696 69769870 5 71 0 70 3 704 7 0 6 70 7 70 8 70 9 711 715 720 725 714 716 717 718 719 7 2 1 722 723 724 726727728729URBAN CROSSING, BLOCK A, LOT 15R.URBAN CROSSING, BLOCK A, LOT 16R; URBAN CROSSING, BLOCK A, LOT 14R LOT 8 LOT 7 LOT 6 LOT 5 LOT 4 LOT 3 LOT 2 LOT 1 LOT 9 LOT 10 LOT 11 LOT 12 LOT 13 LOT 21 LOT 22 LOT 23 FUTU R E R O S A M O N D P A R K W A Y (FOR R EF E R E N C E O NL Y) URBAN CROSSING, BLOCK A, LOT 17R; MM ANNA 325 LLC ABS A0296 JOHN ELLETT SURVEY, TRACT 4, 29.1865 ACRES 1271363.94 SQ. FT EXISTING ZONING: PD-R ORD. NO. 932-2021 EXISTING LAND USE: AG 20190411000386110 URBAN CROSSING, BLK A, LOT 18R; URBAN CROSSING, BLK A, LOT 13R; MM ANNA 325 LLC ABS A0296 JOHN ELLETT SURVEY, TRACT 4, 29.1865 ACRES 1271363.94 SQ. FT EXISTING ZONING: PD-R ORD. NO. 932-2021 EXISTING LAND USE: AG 20190411000386110 PROPOSED ACCESS EASEMENT LIMITED ACCESS METAL GATE 20' WIDTH (MAX 8' HEIGHT). GATE MATERIAL SHALL BE IN ACCORDANCE WITH ADJACENT DEVELOPMENT STANDARDS & CITY REQUIREMENTS CALLED 290.877 ACRES 12670602.12 SQ. FT MM ANNA 325, LLC DOC.NO 20190411000386110 O.P.R.C.C.T. FUTURE VILLAGES OF HURRICANE CREEK SUBDIVISION xSite|C-CURB-FACE 5' SETBACK PROPOSED SURFACE SITE EASEMENT SITE ACCESS DRIVE 25' SETBACK (FROM APPROXIMATE FUTURE ROW) 8' MAX BRICK MASONRY SCREEN WALL (CONTRACTOR TO COORDINATE WITH ADJACENT DEVELOPER ON FINAL MATERIAL/DESIGN) 8' MAX BRICK MASONRY SCREEN WALL (CONTRACTOR TO COORDINATE WITH ADJACENT DEVELOPER ON FINAL MATERIAL/DESIGN) 3' PERSONNEL GATE (METAL) 3' PERSONNEL GATE (METAL) PROPOSED ODORIZER 25' APPROXIMATE FUTURE ROW DEDICATION (120') APPROXIMATE FUTURE ROW DEDICATION (120') 23' ±920 L F t o C R 3 7 0 & 75 D RI V E W A Y 426' 20' LANDSCAPE BUFFER 20'This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.BYDATEAS SHOWNREVISIONSNo.DATESHEET NUMBER CHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT260 EAST DAVIS STREET, SUITE 100, MCKINNEY, TX 75069PHONE: 469-301-2580 FAX: 972-239-3820WWW.KIMLEY-HORN.COM TX F-928RK JJTLAST SAVED9/14/2022 1:03 PMPLOTTED BYTHOMAS, CHRISTIAN 9/14/2022 1:25 PMDWG PATHK:\MKN_CIVIL\NO_PROJ\JJT\ANNA SUP\CAD\PLANSHEETSDWG NAMESITE PLAN.DWG , [ 24 x 36 ]IMAGES 90liUiw8_400x400 :XREFS xBrdr : xSite : xAerial : xBndyVILLAGES OFHURRICANE CREEKANNA, TX© 2022 KIMLEY-HORN AND ASSOCIATES, INC.SEPTEMBER 2022SP-01SITE PLANTYP TYPICAL WATER EASEMENTWE SANITARY SEWER EASEMENTSSE NUMBER OF PARKING SPACESX FH ACCESSIBLE PARKING SYMBOL BARRIER FREE RAMP (BFR) EXISTING CONTOUR - MAJOR EXISTING CONTOUR - MINOR DRAINAGE EASEMENTDE BARRIER FREE RAMPBFR SIDEWALKSW CURB INLETCI LEGEND FIRE HYDRANT PROPOSED ACCESS DRIVE FDC FIRE DEPARTMENT CONNECTION EXISTINGEX PROPOSEDPROP. BUILDING LINE/SETBACKBL WM WYE INLETWI MANHOLEMH TRANSFORMER PAD GRATE INLETGI JUNCTION BOXJB T S SANITARY SEWER MANHOLE CURB INLET GRATE INLET HEADWALL JUNCTION BOX OR WYE INLET WATER METER (AND VAULT) PROPSED CONTOUR - MAJOR PROPOSED CONTOUR - MINOR GAS METERING APPURTENANCES 00 40'80' GRAPHIC SCALE 40' VICINITY MAP N.T.S. PROJECT LOCATION OWNER:ENGINEER/SURVEYOR: MM ANNA 325 LLC 1800 VALLEY VIEW LN SUITE 300 DALLAS, TEXAS 75234 KIMLEY-HORN AND ASSOCIATES, INC. 260 EAST DAVIS STREET SUITE 100 MCKINNEY, TEXAS 75069 TEL. NO. (469) 301-2597 CONTACT: JOHN TEDESCO SITE DATA SUMMARY TABLE ZONING/PROPOSED USE PD-R / ORD. NO. 932-2021 / GAS METERING STATION EASEMENT AREA/ SQ. FT. AND AC 25,401 SQ.FT/ 0.581 AC BUILDING AREA (gross square footage) BUILDING HEIGHT (number of stories) LOT COVERAGE FLOOR AREA RATIO (for non-residential zoning) TOTAL PARKING PROVIDED N/A TOTAL HANDICAP REQUIRED*N/A TOTAL HANDICAP PROVIDED*N/A *HANDICAP PARKING IS PROVIDED IN ACCORDANCE WITH ADA STANDARDS TOTAL PARKING REQUIRED WAREHOUSE: (1 SPACE/1,000 GSF) N/A N/A N/A N/A N/A NOTES 1.ALL DIMENSIONS ARE TO FACE OF CURB UNLESS NOTED OTHERWISE. 2.ALL SCREENING WILL BE PROVIDED IN ACCORDANCE WITH ANNA REQUIREMENTS. 3.LINEWORK PROVIDED TO KIMLEY-HORN BY ATMOS FOR EXHIBIT PURPOSES ONLY FLOOD STATEMENT FLOOD STATEMENT: According to flood map 48085C0155J, effective June 2, 2009 of the Flood Insurance Rate Map of Collin County, Texas, Federal Emergency Management Agency, Federal Insurance Administration, this property is within Zone X. TREE NOTE PROTECTED TREES DO NOT EXIST WITHIN THE DISTURBED AREA OF THIS SITE. Application for Zoning Change THE CITy OF D Change of zoning classification [initial/straight re- zoning) to: D Planned Development using base zoning classification: E Specific Use Permit for: Gas Metering Station NOTE: Failure to obtain final approval on this case within six months may constitute denial or withdrawal of this cose by Council or Staff without refund of fees. Fees required for this application established by the City of Anna must be submitted simultaneously with this application for acceptance. D AG Agricultural District D SF-E Single-Family Residential - Large Lot D SF-1 Single-Family Residential D SF-84 Single-Family Residential District - 84 D SF-72 Single-Family Residential District - 72 D SF-60 Single-Family Residential District - 60 D SF-Z Single-Family Residential District - Zero Lot Line Homes D SF-TH Single-Family Residential District Town homes Q MH-1 Manufactured Home District D MH-2 Manufactured Home Park District D TF Two-Family Residential D MF-1 Multiple-Family Residential - Low Density D MF-2 Multiple-Family Residential - High Density D C-l Restricted Commercial D C-2 General Commercial D NC Neighborhood Convenience District D CBRD Central Business Redevelopment District D C-3 Planned Center District 0 0-1 Office District D 1-1 Light Industrial District D, 1-2 Heavy Industrial District E] PD Planned Development District PD-R D THOR Thoroughfare Overlay District D F-B Food and Beverage Overlay District SUP - Proposed Gas Metering Station Planning & Development Department 3223 N. Powell Parkway . Anna, TX 75409 . 972.924.2616 . www.annatexas.eov D D D D D D Plans & Plats Development Application THE CITY OF Preliminary Plat/Replat Final Plat/Replat D E Combination Preliminary and Final Plat* D Amended Plat Minor Plat/Replat Development Plat D D D Civil Plans Site Plan/Revised Site Plan Landscape Plan Tree Preservation Lighting Plan Concept Plan *Prior approval required ia Pre-Submittal: all required documents are present excluding fees. I understand that the project information presented to the City at this time is not filed, and therefore the City is not required to approve, approve with conditions, or disapprove the plan(s)/plat(s) within 30 days by the approval authority. This Pre-Submittal will be changed to a Submittat following the receipt of written notice and payment of fees. I am requesting this of my own volition and not at the request of the City of Anna. Submittal: all required documents are present including fees. I understand that the project information presented to the City at this time is filed and therefore, the City is required to approve, approve with conditions, or disapprove the plan(s)/plat(s) within 30 days by the approval authority. Please see the Fee Schedule, available on the city website ^ to be paid to the City of Anna at least 1 week prior to planningThe application fee of $ 3.000.00 commission meeting. NOTE: Additional costs may accrue during review by City consultants of any facilities agreement and/or civil construction plans. 02/06/2020 Planning & Development Department 3223 N. Powell Parkway . Anna, TX 75049 . 972.924.2616 . www.annatexas.eov 3 of 5 Owner Authorization and Representative Designation THE CIT^ OF Subdivision: ABS A0296 John Ellett Survey Zoning Classification(s): pp-R Total Number of Acres: 3Q Total Number of Lots: _L Location: 10847 County Road 368. Anna. TX 75409 Name/Company: MM Anna 325 LLC Address: 1800 Valley View Lane Suite 300 City: Dallas State: TX Zip Code: 75234-89845 Phone:Email: Project Representation (check one): D I will represent the application myself; OR El I hereby designate John Tedesco _ (name of project representative) to act in the capacity as my agent for submittal, processing, representation, and/or presentation of this request. The designated agent shall be the principal contact person for responding to all requests for information and for resolving all issues of concern relative to this request. I hereby certify that I am the property owner of the property and further certify that the information provided on this development application is true and correct. I have selected the above submittal type, representation, and landscape incentive of my own volition and not at the request of the City of Anna. Property Owner's Signature: STATE OF: TiSXAS ^^/ ^ ^^_/Date: COUNTS OF: PAtt-AS BEFORE ME, a Notary Public, on this day personally appeared ^\tit^*^ /lo-'/c^'' (printed property owner's name) the above signed, who, under oath, stated the following: "I hereby certify that I am the property owner for the purposes of this application; that all information submitted herein is true and correct." SUBSCRIBED AND SWORN TO before me, this the of,. ^^ KOLLINGER State of Texas Expires 03-14-2026 Notary ID 133642806 ,20??. PUBLIC in and for the State of Texas El Engineer D Purchaser D Tenant D Preparer D Other (specify): Name: John Tedesco. P.E. Company: Kimlev-Horn & Associates Address: 260 East Davis Street. Suite 100 City: McKinnev State: TX Zip Code:75069 Phone: 469-301-2597 Email: john.tedescofakimley-horn.com Planning & Development Department 3223 N. Powell Parkway . Anna, TX 75049 . 972.924.2616 . www.annatexas.eov Item No. 22. Planning and Zoning Commission Agenda Planning Staff Report Meeting Date: 10/3/2022 Staff Contact: Lauren Mecke AGENDA ITEM: Consider/Discuss/Action on the Villages of Hurricane Creek, North, Block N, Lot 1X, Site Plan. Applicant: MM Anna 325 LLC. SUMMARY: Metering station on one lot on 0.6± acre located at the north side of future Rosamond Parkway, 995± feet west of County Road 368. Zoned: Planned Development (Ord. No. 932-2021). The purpose of the Site Plan is to show the proposed metering station site improvements. FINANCIAL IMPACT: N/A STATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATIONS: The Site Plan is in conformance with the city’s Subdivision Regulations and Zoning Ordinances and is subject to additions and/or alterations to the engineering plans as required by the Public Works Department. ATTACHMENTS: 1. Gas Metering Station Site Plan Locator Map 2. Exhibit A (SP) Villages of Hurricane Creek - North Gas Metering Station 3. Application W COUNTY ROAD 370 CROSSING DRURBAN WAYCOUNTYROAD368Copyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 200 400100 Feet September 2022 H:\Notification Maps\Notification Maps\ Site Plan - Atmos Energy Gas Metering Station PROPOSED TEMPORARY WORKSPACE EASEMENT PROPOSED PIPELINE EASEMENT 4,792 SQ. FT. TEMPORARY WORKSPACE EASEMENT TEMPORARY WORKSPACE EASEMENT PRE-FABRICATED MEASURING STATION SKID (REFERENCE NSES PLANS FOR DETAILS) APPROXIMATE LOCATION OF EXISTING GAS PIPELINE EXISTING 50' UTILITY EASEMENT 10' SETBACK 25'25'±35'±20'15' 30'50'15' N88°59'00"E 461.47' N: 7184073.36 E: 2551474.61 N: 7183967.69 E: 2551576.48 700 700701702703704715 720 714 716 717 718 719 721 7 1 0 706 707 7 0 8 7 0 9 711 712 713 714 N1°00'20"W 167.09' N88°54'02"E 100.00' S1°00'20"E 107.61' S58°12'04"W 103.61' ∆=0°23'32" R=1874.72' L=12.83' CB=S58°00'18"W C=12.83' PROPOSED LIMITS OF GAS METERING STATION APPROXIMATE LOCATION OF EXISTING GAS PIPELINE ALL SITE APPURTENANCES SHALL BE WITHIN THE LIMITS OF THE PROPOSED EASEMENT PROPOSED TEMPORARY WORKSPACE 705 701 702703 704 706 707 708 708709709 695 691 692 693 694696 69769870 5 71 0 70 3 704 7 0 6 70 7 70 8 70 9 711 715 720 725 714 716 717 718 719 7 2 1 722 723 724 726727728729URBAN CROSSING, BLOCK A, LOT 15R.URBAN CROSSING, BLOCK A, LOT 16R; URBAN CROSSING, BLOCK A, LOT 14R LOT 8 LOT 7 LOT 6 LOT 5 LOT 4 LOT 3 LOT 2 LOT 1 LOT 9 LOT 10 LOT 11 LOT 12 LOT 13 LOT 21 LOT 22 LOT 23 FUTU R E R O S A M O N D P A R K W A Y (FOR R EF E R E N C E O NL Y) URBAN CROSSING, BLOCK A, LOT 17R; MM ANNA 325 LLC ABS A0296 JOHN ELLETT SURVEY, TRACT 4, 29.1865 ACRES 1271363.94 SQ. FT EXISTING ZONING: PD-R ORD. NO. 932-2021 EXISTING LAND USE: AG 20190411000386110 URBAN CROSSING, BLK A, LOT 18R; URBAN CROSSING, BLK A, LOT 13R; MM ANNA 325 LLC ABS A0296 JOHN ELLETT SURVEY, TRACT 4, 29.1865 ACRES 1271363.94 SQ. FT EXISTING ZONING: PD-R ORD. NO. 932-2021 EXISTING LAND USE: AG 20190411000386110 PROPOSED ACCESS EASEMENT LIMITED ACCESS METAL GATE 20' WIDTH (MAX 8' HEIGHT). GATE MATERIAL SHALL BE IN ACCORDANCE WITH ADJACENT DEVELOPMENT STANDARDS & CITY REQUIREMENTS CALLED 290.877 ACRES 12670602.12 SQ. FT MM ANNA 325, LLC DOC.NO 20190411000386110 O.P.R.C.C.T. FUTURE VILLAGES OF HURRICANE CREEK SUBDIVISION xSite|C-CURB-FACE 5' SETBACK PROPOSED SURFACE SITE EASEMENT SITE ACCESS DRIVE 25' SETBACK (FROM APPROXIMATE FUTURE ROW) 8' MAX BRICK MASONRY SCREEN WALL (CONTRACTOR TO COORDINATE WITH ADJACENT DEVELOPER ON FINAL MATERIAL/DESIGN) 8' MAX BRICK MASONRY SCREEN WALL (CONTRACTOR TO COORDINATE WITH ADJACENT DEVELOPER ON FINAL MATERIAL/DESIGN) 3' PERSONNEL GATE (METAL) 3' PERSONNEL GATE (METAL) PROPOSED ODORIZER 25' APPROXIMATE FUTURE ROW DEDICATION (120') APPROXIMATE FUTURE ROW DEDICATION (120') 23' ±920 L F t o C R 3 7 0 & 75 D RI V E W A Y 426' 20' LANDSCAPE BUFFER 20'This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.BYDATEAS SHOWNREVISIONSNo.DATESHEET NUMBER CHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT260 EAST DAVIS STREET, SUITE 100, MCKINNEY, TX 75069PHONE: 469-301-2580 FAX: 972-239-3820WWW.KIMLEY-HORN.COM TX F-928RK JJTLAST SAVED9/14/2022 1:03 PMPLOTTED BYTHOMAS, CHRISTIAN 9/14/2022 1:25 PMDWG PATHK:\MKN_CIVIL\NO_PROJ\JJT\ANNA SUP\CAD\PLANSHEETSDWG NAMESITE PLAN.DWG , [ 24 x 36 ]IMAGES 90liUiw8_400x400 :XREFS xBrdr : xSite : xAerial : xBndyVILLAGES OFHURRICANE CREEKANNA, TX© 2022 KIMLEY-HORN AND ASSOCIATES, INC.SEPTEMBER 2022SP-01SITE PLANTYP TYPICAL WATER EASEMENTWE SANITARY SEWER EASEMENTSSE NUMBER OF PARKING SPACESX FH ACCESSIBLE PARKING SYMBOL BARRIER FREE RAMP (BFR) EXISTING CONTOUR - MAJOR EXISTING CONTOUR - MINOR DRAINAGE EASEMENTDE BARRIER FREE RAMPBFR SIDEWALKSW CURB INLETCI LEGEND FIRE HYDRANT PROPOSED ACCESS DRIVE FDC FIRE DEPARTMENT CONNECTION EXISTINGEX PROPOSEDPROP. BUILDING LINE/SETBACKBL WM WYE INLETWI MANHOLEMH TRANSFORMER PAD GRATE INLETGI JUNCTION BOXJB T S SANITARY SEWER MANHOLE CURB INLET GRATE INLET HEADWALL JUNCTION BOX OR WYE INLET WATER METER (AND VAULT) PROPSED CONTOUR - MAJOR PROPOSED CONTOUR - MINOR GAS METERING APPURTENANCES 00 40'80' GRAPHIC SCALE 40' VICINITY MAP N.T.S. PROJECT LOCATION OWNER:ENGINEER/SURVEYOR: MM ANNA 325 LLC 1800 VALLEY VIEW LN SUITE 300 DALLAS, TEXAS 75234 KIMLEY-HORN AND ASSOCIATES, INC. 260 EAST DAVIS STREET SUITE 100 MCKINNEY, TEXAS 75069 TEL. NO. (469) 301-2597 CONTACT: JOHN TEDESCO SITE DATA SUMMARY TABLE ZONING/PROPOSED USE PD-R / ORD. NO. 932-2021 / GAS METERING STATION EASEMENT AREA/ SQ. FT. AND AC 25,401 SQ.FT/ 0.581 AC BUILDING AREA (gross square footage) BUILDING HEIGHT (number of stories) LOT COVERAGE FLOOR AREA RATIO (for non-residential zoning) TOTAL PARKING PROVIDED N/A TOTAL HANDICAP REQUIRED*N/A TOTAL HANDICAP PROVIDED*N/A *HANDICAP PARKING IS PROVIDED IN ACCORDANCE WITH ADA STANDARDS TOTAL PARKING REQUIRED WAREHOUSE: (1 SPACE/1,000 GSF) N/A N/A N/A N/A N/A NOTES 1.ALL DIMENSIONS ARE TO FACE OF CURB UNLESS NOTED OTHERWISE. 2.ALL SCREENING WILL BE PROVIDED IN ACCORDANCE WITH ANNA REQUIREMENTS. 3.LINEWORK PROVIDED TO KIMLEY-HORN BY ATMOS FOR EXHIBIT PURPOSES ONLY FLOOD STATEMENT FLOOD STATEMENT: According to flood map 48085C0155J, effective June 2, 2009 of the Flood Insurance Rate Map of Collin County, Texas, Federal Emergency Management Agency, Federal Insurance Administration, this property is within Zone X. TREE NOTE PROTECTED TREES DO NOT EXIST WITHIN THE DISTURBED AREA OF THIS SITE. Application for Zoning Change THE CITy OF D Change of zoning classification [initial/straight re- zoning) to: D Planned Development using base zoning classification: E Specific Use Permit for: Gas Metering Station NOTE: Failure to obtain final approval on this case within six months may constitute denial or withdrawal of this cose by Council or Staff without refund of fees. Fees required for this application established by the City of Anna must be submitted simultaneously with this application for acceptance. D AG Agricultural District D SF-E Single-Family Residential - Large Lot D SF-1 Single-Family Residential D SF-84 Single-Family Residential District - 84 D SF-72 Single-Family Residential District - 72 D SF-60 Single-Family Residential District - 60 D SF-Z Single-Family Residential District - Zero Lot Line Homes D SF-TH Single-Family Residential District Town homes Q MH-1 Manufactured Home District D MH-2 Manufactured Home Park District D TF Two-Family Residential D MF-1 Multiple-Family Residential - Low Density D MF-2 Multiple-Family Residential - High Density D C-l Restricted Commercial D C-2 General Commercial D NC Neighborhood Convenience District D CBRD Central Business Redevelopment District D C-3 Planned Center District 0 0-1 Office District D 1-1 Light Industrial District D, 1-2 Heavy Industrial District E] PD Planned Development District PD-R D THOR Thoroughfare Overlay District D F-B Food and Beverage Overlay District SUP - Proposed Gas Metering Station Planning & Development Department 3223 N. Powell Parkway . Anna, TX 75409 . 972.924.2616 . www.annatexas.eov D D D D D D Plans & Plats Development Application THE CITY OF Preliminary Plat/Replat Final Plat/Replat D E Combination Preliminary and Final Plat* D Amended Plat Minor Plat/Replat Development Plat D D D Civil Plans Site Plan/Revised Site Plan Landscape Plan Tree Preservation Lighting Plan Concept Plan *Prior approval required ia Pre-Submittal: all required documents are present excluding fees. I understand that the project information presented to the City at this time is not filed, and therefore the City is not required to approve, approve with conditions, or disapprove the plan(s)/plat(s) within 30 days by the approval authority. This Pre-Submittal will be changed to a Submittat following the receipt of written notice and payment of fees. I am requesting this of my own volition and not at the request of the City of Anna. Submittal: all required documents are present including fees. I understand that the project information presented to the City at this time is filed and therefore, the City is required to approve, approve with conditions, or disapprove the plan(s)/plat(s) within 30 days by the approval authority. Please see the Fee Schedule, available on the city website ^ to be paid to the City of Anna at least 1 week prior to planningThe application fee of $ 3.000.00 commission meeting. NOTE: Additional costs may accrue during review by City consultants of any facilities agreement and/or civil construction plans. 02/06/2020 Planning & Development Department 3223 N. Powell Parkway . Anna, TX 75049 . 972.924.2616 . www.annatexas.eov 3 of 5 Owner Authorization and Representative Designation THE CIT^ OF Subdivision: ABS A0296 John Ellett Survey Zoning Classification(s): pp-R Total Number of Acres: 3Q Total Number of Lots: _L Location: 10847 County Road 368. Anna. TX 75409 Name/Company: MM Anna 325 LLC Address: 1800 Valley View Lane Suite 300 City: Dallas State: TX Zip Code: 75234-89845 Phone:Email: Project Representation (check one): D I will represent the application myself; OR El I hereby designate John Tedesco _ (name of project representative) to act in the capacity as my agent for submittal, processing, representation, and/or presentation of this request. The designated agent shall be the principal contact person for responding to all requests for information and for resolving all issues of concern relative to this request. I hereby certify that I am the property owner of the property and further certify that the information provided on this development application is true and correct. I have selected the above submittal type, representation, and landscape incentive of my own volition and not at the request of the City of Anna. Property Owner's Signature: STATE OF: TiSXAS ^^/ ^ ^^_/Date: COUNTS OF: PAtt-AS BEFORE ME, a Notary Public, on this day personally appeared ^\tit^*^ /lo-'/c^'' (printed property owner's name) the above signed, who, under oath, stated the following: "I hereby certify that I am the property owner for the purposes of this application; that all information submitted herein is true and correct." SUBSCRIBED AND SWORN TO before me, this the of,. ^^ KOLLINGER State of Texas Expires 03-14-2026 Notary ID 133642806 ,20??. PUBLIC in and for the State of Texas El Engineer D Purchaser D Tenant D Preparer D Other (specify): Name: John Tedesco. P.E. Company: Kimlev-Horn & Associates Address: 260 East Davis Street. Suite 100 City: McKinnev State: TX Zip Code:75069 Phone: 469-301-2597 Email: john.tedescofakimley-horn.com Planning & Development Department 3223 N. Powell Parkway . Anna, TX 75049 . 972.924.2616 . www.annatexas.eov E COUNTY ROAD 370 NCENTRALEXPYHACKBERRY DR CROSSING DRURBANWAY W RO S A M O N D PKWY US HIGHWAY 75COUNTYROAD368SUZIE LN NTHROCKMORTONBLVDW COUNTY ROAD 370 NSTANDRIDGEBLVDCopyright nearmap 2015 Subject Property 200' Notice Boundary City Limits ETJ ¯ 0 500 1,000250 Feet September 2022 H:\Notification Maps\Notification Maps\ Sherley Tract (Villages of Hurricane Creek) Zoning Amendment Request CENTURI ICAN RE: Hurricane Creek North City of Anna, Texas 122222202 W 7th Street P.P Box 776 Anna, TX 75409 Dear Anna Planning and Zoning Commission and City Council, We very much appreciate your willingness to hear our request. This change does not affect standards, product, obligations, or financial items. This request gives the opportunity for a Multifamily developer to begin construction on the entire site rather than just a portion right away. At the time of the original zoning and development agreement CA and the City agreed on a specific time frame for development. The increase in development and families moving to Anna has been extraordinary. Hurricane Creek Phase 1 is almost sold out in less than two years at a price point 30% higher than predicted. Because of this influx of developers and people, certain developers have gotten interested in the Multifamily site. The original zoning and development agreement allowed 275 units upfront and the remaining 175 to be developed once 5,000 square feet of retail has started. A MF developer will not commit to the deal for the MF tract with a third-party obligation to build retail. It also had obligations that 5,000 square feet will need to begin before the 301st SF building permit. If more Multifamily and homes get built the faster commercial will be built. This request will benefit commercial development. Our ask consists of keeping the obligation to build the 5,000 square feet of retail but allow the multifamilyto move forward with constructing the entirety of the units. The city shall continue to have the protection the 5,000 square feet will be built because of the single-family building permit provision but the multifamily product can begin the process. Below is the new language. All other items are staying the same in the zoning and agreement. The Developer shall apply for and obtain the building permits necessary to commence constmction of a restaurant (respectively, "Restaurant") to be located on the In-City Property and shall commence constmction of the Restaurant before the earlier of the following occurrences: (1) the expiration of five (5) years of the Effective Date; or (2) the City's issuance of a building permit for the 301 st single-family residential building permit as pertains to residences on the Property. The Developer shall complete construction of the Restaurant within one (1) year and six (6) months of commencing construction of same. The Restaurant building shall be a minimum of 5,000 square feet of airconditioned space. Developer shall also apply for and obtain the building permits necessary to commence construction and commence constmction of a minimum of 10,000 square feet of additional non-residential space to be located on the In-City Property within six (6) years of the Effective Date. This is in addition to the 5,000 square foot Restaurant refenced above. The Water Feature must be constructed prior to or simultaneously with the Multifamily Structure. The Water Feature shall be a minimum of 20,000 square feet in size. Greatly appreciate your duty and time with this request. Sincerely, Trevor Kollinger MM Anna 325, LLC CITY OF ANNA, TEXAS ' RESOLUTION NO. <106l) .£J(o .. 13R A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT WHEREAS, the City of Anna, Texas (the "City") and BFB ANA 40 Acres, LLC, a Texas limited liability company and MM Anna 325, LLC, a Texas limited liability company desire to enter into a Subdivision Improvement Agreement (the "Agreement") to provide for the creation of a Public Improvement District under Chapter 372 of the Texas Local Government Code and to establish a Tax Increment Reinvestment Zone under Chapter 311 of the Texas Tax Code and to address the financing and construction of certain public improvements in connection with the construction of the Sherley Tract that shall include 322.839 total acres of land containing both residential and commercial development; and, WHEREAS, the City Council of the City of Anna, Texas ("City Council") finds that approval of the Agreement 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 2. Approval of Agreement. The City Council hereby approves the Sherley Tract Subdivision Improvement Agreement attached hereto as Exhibit 1, and authorizes, ratifies and approves the Mayor's execution of same. The Mayor and/or City Manager are hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce this Agreement. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the 9th day of June 2020. ATTEST: {!ahJvJ. d. da/,ufl APPRO~ Can-ie L. Land, City Secretary Nate Pike, Mayor CITY OF ANNA, TEXAS RESOLUTION NO. 73 3 PAGE 1 OF 1 SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT This Sherley Tract Subdivision Improvement Agreement (this "Agreement") is entered into between the CITY OF ANNA, TEXAS, (the "City"), BFB ANA 40 Acres, LLC, a Texas limited liability company (the "In-City Property Owner"), and MM Anna 325, LLC, a Texas limited liability company ("Developer"), to be effective on June 9, 2020 (the "Effective Date"). ARTICLE I RECITALS WHEREAS, certain terms used in these recitals are defined in Article II; and WHEREAS, the In-City Property Owner, the Developer, and the City are sometimes collectively referenced in this Agreement as the "Parties," or, each individually, as "Party"; and WHEREAS, the City is a home-rule municipality of the State of Texas; and WHEREAS, the Developer owns approximately 290.877 acres ofreal property located within the extraterritorial jurisdiction (the "ETJ") of the City (the "PID Property"), and the In-City Property Owner owns approximately 31.962 acres of real property located within the city limits of the City (the "In-City Property" and together with the PID Property, the "Prope1iy"), and which Property is described by metes and bounds and depicted on Exhibit A-1; and WHEREAS, the In-City Property shall be a commercial/retail/multifamily development and is described by metes and bounds and depicted on Exhibit A-2; and WHEREAS, the PID Property shall be a residential development including single-family homes, townhouses, and senior independent living homes, and is described by metes and bounds and depicted on Exhibit A-3; and WHEREAS, the PID Property is located within the ETJ of the City and not within the ETJ or corporate limit of any other municipality, and in Collin County, Texas (the "County"); and WHEREAS, the Developer and the City desire to have the PID Property annexed into the City's corporate boundaries and provide the City with greater regulatory powers and controls over the development of the PID Property as set forth in this Agreement; and WHEREAS, the Developer intends to file a voluntary petition for annexation of the PID Property at least 60 days before of the issuance of the first series of PID Bonds, and the City will act upon the annexation petition upon or promptly after the sale of the first PID Bonds; and WHEREAS, this Agreement shall be effective upon passage of this Agreement and before the annexation of the PID Property into the City; and WHEREAS, Developer desires and intends to construct and/or make financial contributions to certain on-site and/or off-site public improvements to serve the development of the PID Property ("Authorized Improvements"), which Authorized Improvements are generally identified in Exhibit B; and SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGEi WHEREAS, in consideration of the Developer's agreements contained herein to accomplish the high-quality development of the Property envisioned by the Parties and to provide financing for the Authorized Improvements, the City intends to exercise its powers to create a PID to be coterminous with the PID Property in accordance with the PID Act, and to create one or more TIRZ for phases of residential development of the PID Property in accordance with the TIRZ Act; and WHEREAS, the Developer plans to develop the Property as an urban multi-use master planned development upon the execution of this Agreement and subsequent issuance of PID Bonds by the City for the payment of certain costs for the construction and acquisition of certain public improvements to benefit the PID Property, and for the repayment to Developer for certain costs advanced for the construction and acquisition of certain public improvements to benefit the PID Property as set forth in this Agreement; and WHEREAS, the Developer intends for the design, construction and installation of the Authorized Improvements to occur in a phased manner and to dedicate all such Authorized Improvements to the City for use and maintenance, subject to approval of the plans and inspection of the Authorized Improvements in accordance with this Agreement and the City Regulations, and contingent upon the issuance of PID Bonds for partial or total financing of such Authorized Improvements; and WHEREAS, the Developer and the City estimate that the cost of the Authorized Improvements are estimated to be $32,000,000.00; and WHEREAS, the City recognizes the positive impact that the construction and installation of the Authorized Improvements for the PID will bring to the City and will promote state and local economic development; to stimulate business and commercial activity in the municipality; for the development and diversification of the economy of the state; development and expansion of commerce in the state; and elimination of employment or underemployment in the state; and WHEREAS, the City recognizes that financing of the Authorized Improvements confers a special benefit to the PID Property within the PID; and WHEREAS, in consideration of the Developer's agreements contained herein, the City shall exercise its powers under the PID Act, to provide financing arrangements that will enable the Developer to do the following in accordance with the procedures and requirements of the PID Act and this Agreement: (a) fund or be reimbursed for a specified portion of the costs of the Authorized Improvements using the proceeds of PID Bonds; or (b) obtain reimbursement for the specified portion of the costs of the Authorized Improvements, the source of which reimbursement will be installment payments from Assessments within the PID Property, provided that such reimbursements shall be subordinate to the payment of PID Bonds and Administrative Expenses; and WHEREAS, the City, subject to the consent and approval of the City Council, and in accordance with the terms of this Agreement and all legal requirements, including but not limited to the Indenture, intends to: (i) adopt a Service and Assessment Plan; (ii) adopt an Assessment Ordinance (to pay for a specified portion of the Budgeted Cost(s) shown on Exhibit Band approved by the City's Director of Public Works or his designee and the costs associated with the administration SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE2 of the PID and the issuance of the PID Bonds); and (iii) issue, in multiple series, up to $32,000,000.00 in the principal amount of PID Bonds for the purpose of financing a specified portion of the costs of the Authorized Improvements and paying associated costs as described herein; and WHEREAS, the City shall use reasonable efforts to issue PID Bonds periodically up to a maximum principal amount of $32,000,000.00, in multiple series, to finance the Authorized Improvements in accordance with the Service and Assessment Plan; and WHEREAS, prior to the sale of the first PID Bond issue: (a) the City Council shall have approved and adopted the PID Resolution, a Service and Assessment Plan and an Assessment Ordinance (collectively, the "PID Documents"); (b) the City shall have reviewed and approved the Home Buyer Disclosure Program; ( c) owners of the PID Property constituting all of the acreage in the PID at the time of the issuance of the first PID Bonds shall have executed a Landowner Agreement (as defined in Article II, herein); and (d) the Developer shall have delivered a fully executed copy of the Landowner Agreement(s) to the City; and WHEREAS, the Parties agree that the Authorized Improvements are also improvements that qualify as projects under Texas Tax Code Chapter 311, as amended; and WHEREAS, as soon as is practicable and prior to the first PID Bond issue, in consideration of the Developer's agreements contained herein, the Parties shall use best efforts to have agreed to the final form of the following documents ( collectively, the "TIRZ Documents"), which will enable the Developer to be reimbursed for a specified portion of TIRZ eligible reimbursement costs for the first phase of development of the PID Property: (a) a TIRZ Project and Finance plan; (b) a TIRZ Ordinance; and ( c) an ordinance approving the final TIRZ Project and Finance plan required by the TIRZ Act; and WHEREAS, prior to the authorization of the first Bond issue, the City Council intends to have approved a TIRZ Ordinance and to have created a TIRZ to be coterminous with the first phase of development within the PID Property; and WHEREAS, the Parties intend for the City to create an additional TIRZ for each subsequent phase of development on the PID Property; and WHEREAS, in consideration of the Developer's agreements contained herein, the City intends to exercise its powers under the TIRZ Act to create one or more TIRZ and intends to adopt, approve, and execute the TIRZ Documents for each TIRZ created on the PID Property to dedicate up to fifty percent (50%) of the City's collected ad valorem tax increment based on the City's ad valorem tax rate in effect on the date of the establishment of each TIRZ to off-set or pay a portion of any Assessments levied on the PID Property for the costs of Authorized Improvements for a period of up to thirty-one (31) years after each TIRZ is created or until the cumulative total amount of TIRZ Increment placed into the TIRZ Funds for each TIRZ not to exceed a total of $14,751,553, whichever comes first, paid in accordance with each TIRZ Project and Finance Plan and the SAP; and SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE3 WHEREAS, all of the City's Administrative Expenses associated with each TIRZ will be paid in accordance with the TIRZ Act, and the City will not be responsible for payment of such costs; and WHEREAS, to the extent funds must be advanced to pay for any costs associated with the creation of the PID, each TIRZ, the issuance of PID Bonds or the preparation of documentation related thereto, including any costs incurred by the City and its consultants and advisors ( excluding the fees associated with closing the PID Bonds), the Developer shall be responsible for advancing such funds, shall have a right to reimbursement for certain funds advanced from the proceeds of PID Bonds, Assessment revenues or TIRZ Increments, and the City will not be responsible for such reimbursement or the payment of such costs from any other sources of funds; and WHEREAS, unless expressly set forth to the contrary in this Agreement, it is the Parties' mutual intent that this Agreement shall supersede City Regulations only to the extent that City Regulations directly conflict with the tenns of this Agreement; and WHEREAS, Developer understands and acknowledges that the obligations undertaken under this Agreement are primarily for the benefit of the Property; and WHEREAS, Developer understands and acknowledges that acceptance of this Agreement is not an exaction or a concession demanded by the City but rather is an undertaking of Developer's voluntary design to ensure consistency, quality, and adequate infrastructure that will benefit Developer's development of the Property; and WHEREAS, it is the intent of the Parties that the Property will be developed substantially in compliance with an agreed upon concept plan (the "Concept Plan"), which is attached hereto as Exhibit C, and which may be revised as set forth in this Agreement and in accordance with applicable City Regulations and the development standards set forth in certain proposed planned development zoning standards ("Development Standards"), which Development Standards are attached hereto as Exhibit D; and WHEREAS, the Parties intend for the City to approve any revisions to the Concept Plan as a condition to the recording of a final plat in the Land Recordings of the Collin County Clerk's Office for the first (1st) phase of the Development; and WHEREAS, immediately following annexation of the PID Property, the City intends to consider zoning the PID Property as a planned development district and the Parties acknowledge that the Property may be developed and used in accordance with this Agreement notwithstanding any zoning of the PID Property in conflict with this Agreement; and WHEREAS, as the PID Property is within the City's ETJ on the Effective Date, the Parties have the authority to enter into this Agreement pursuant to Section 212.171 et seq of the Texas Local Government Code; and WHEREAS, the Parties intend that this Agreement is a development agreement as provided for by state law in Section 212.171 et seq of the Texas Local Government Code; and SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE4 WHEREAS, this Agreement shall constitute a "pe1mit" under Chapter 245 of the Texas Local Government Code and as allowed pursuant to Section 212.172(g) of the Texas Local Government Code; and NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: ARTICLE II DEFINITIONS Unless the context requires otherwise, the following terms shall have the meanings hereinafter set forth: Administrative Expenses shall include, without limitation, expenses incurred by the City in the establishment, administration, and operation of the PID and each TIRZ. Amenity Center means the lot and improvements required under this Agreement to be constructed by the Developer and maintained by the HOA that shall include amenities including a clubhouse with fitness center with weight room and cardiovascular equipment, a kitchen, a meeting area, and restrooms; swimming pool; children's pool; playground with seating; ornamental metal fencing; and landscape planting beds; all consistent with the Amenity Center Concept Plan and the minimum standards as set forth in Exhibit C-1. Arterial "Rosamond Parkway" Roadway Improvements mean the Major Improvements to Arterial "Rosamond Parkway" as described and depicted in further detail in Exhibit E-1 and in accordance with design/construction plans to be approved by the City. Assessment means the assessment levied by the City Council pursuant to the Assessment Ordinance, to pay for a specific portion of the Budgeted Cost. Assessment Ordinance means the ordinance approved by the City Council which levies assessments on the PID Property in accordance with the PID Act to pay for a specified portion of the costs of the Authorized Improvements set forth in the Service and Assessment Plan as well as the costs associated with the issuance of the PID Bonds that provide a special benefit to the PID Prope1iy. Assessment Roll means the Assessment Roll attached to the Service and Assessment Plan or any other Assessment Roll in an amendment or supplement to the Service and Assessment Plan or in an annual updated to the Service and Assessment Plan, showing the total amount of the Assessment against each parcel assessed under the Service and Assessment Plan related to the Authorized Improvements. Authorized Improvements means water, sewer, drainage, and roadway facilities needed to serve the PID Property and to be constructed by the Developer or by or on behalf of the City and to be owned and maintained by the City, including but not limited to certain off-site improvements, as identified in Exhibit B. SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGES Authorized Improvement Costs means the actual costs of design, engineering, construction, and inspection of the Authorized Improvements. Bond Ordinance means and refers to an ordinance adopted by the City Council that authorizes and approves the issuance and sale of the PID Bonds. Bond Security means Assessments levied against the PID Property by the City. Budgeted Cost with respect to any given Authorized Improvement means the estimated cost of such improvement as set forth in Exhibit B. City means the City of Anna, a home rule municipality located in Collin County, Texas. City Code means the Anna City Code of Ordinances and all of its provisions and regulations or standards adopted by reference in said Code in effect on the Effective Date; provided, however, that as it relates to Public Infrastructure for any given phase, the applicable construction standards (including, without limitation, uniform building codes) shall be those that the City has duly adopted at the time of the filing of an application for a preliminary plat for that phase unless construction has not commenced within two years of approval of such preliminary plat in which case the construction standards shall be those that the City has duly adopted at the time that construction commences, except that to the extent there is a conflict between the City Code and the Development Standards, the Development Standards shall control. City Council means the City Council of the City. City Manager means the current or acting City Manager of the City of Anna or a person designated to act on behalf of the City Manager if the designation is in writing and signed by the current or acting City Manager. City PID Fee means a fee of$3,400 per residential lot to be paid by the Developer to the City upon the closing of PID Bonds for each phase of the Development and which shall be calculated based on the number ofresidential lots in such phase of the Development in accordance with Section 3.3. City Regulations mean City Code provisions, ordinances, design standards (including but not limited to the City's Neighborhood Design Standards and the Development Standards), uniform codes, policies, requirements, limitations, restrictions, and other regulations (including but not limited to all fees and land dedications applicable to the Development) duly adopted by the City and in effect on the Effective Date; provided, however, that as it relates to Public Infrastructure for any given phase, the applicable construction standards (including, without limitation, uniform building codes) shall be those that the City has duly adopted at the time of the filing of an application for a preliminary plat for that phase unless construction has not commenced within two years of approval of such preliminary plat in which case the construction standards shall be those that the City has duly adopted at the time that construction commences, except that to the extent there is a conflict between the City Regulations and the Development Standards, the Development Standards shall control. SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE6 Collector "E-W" Roadway Improvements mean the Major Improvements to Collector "E-W" as described and depicted in further detail in Exhibit E-1 and in accordance with design/construction plans to be approved by the City. Collector "N-S" Roadway Improvements mean the Major Improvements to Collector "N-S" as described and depicted in further detail in Exhibit E-1 and in accordance with design/construction plans to be approved by the City. Collector "Shady Brook Trail" Roadway Improvements mean the Major Improvements to Collector "Shady Brook Trail" as described and depicted in further detail in Exhibit E-1 and in accordance with design/construction plans to be approved by the City. Collector "Standridge Parkway" Roadway Improvements mean the Major Improvements to Collector "Standridge Parkway" as described and depicted in further detail in Exhibit E-1 and in accordance with design/construction plans to be approved by the City. Construction Cost means the costs actually paid for Public Infrastructure related to engineering, design, permitting, construction, inspection, testing, and off-site, third-party property/easement acquisitions; however, the cost of off-site, 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 dete1mined by a Licensed Appraiser selected by the City, and Eminent Domain Fees. Developer means MM Anna 325, LLC, a Texas limited liability company, and its successors and assigns. Development means the new development on the Property that is the subject of this Agreement. Development Standards mean the design and development standards for the Development as set forth in Exhibit D. Developer Cash Contribution means that portion of the Authorized Improvement Costs that the Developer is contributing to initially fund the Authorized Improvements. Effective Date means the date upon which the last of all of the Parties has approved and duly executed this Agreement. End Buyer means any Developer, developer, tenant, user, or owner of a Fully Developed and Improved Lot. Fully Developed and Improved Lot means any lot, regardless of proposed use, which is served by the Authorized Improvements and for which a final plat has been approved by the City and recorded in the real property records of Collin County. Home Buyer Disclosure Program means the disclosure program, administered by the PID Administrator as set forth in a document in the form of Exhibit F that establishes a mechanism to disclose to each End Buyer the terms and conditions under which their lot is burdened by the PID. SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE? Hurricane Creek Regional Trunk Sewer Improvements means a certain segment of a regional sanitary sewer trunk line to be constructed by the City under this Agreement as generally depicted in Exhibit E-2. Improvement Account of the Project Fund means the construction fund account created under the Indenture used to pay for the construction or acquisition of the Authorized Improvements. Indenture means an indenture under which PID Bonds are issued. Landowner(s) means the Developer and additional owners of the PID Property. Landowner Agreement means the agreement, as set forth in a document in the form of Exhibit G of an owner of the PID Property consenting to the form and terms of the PID Documents. Major Improvements means the Authorized Improvements described and depicted on Exhibits E- l, E-2, and E-3 which benefit all the PID Property within the PID. Maximum TIRZ Contribution means an amount estimated to be $14,751,553, which amount is subject to a TIRZ par amount of $6,638,200 plus interest and excluding TIRZ Administrative Expenses, and as may be adjusted in accordance with the model set forth in Exhibit H, and further defined in the Final Project and Finance Plan. Neighborhood Trails mean a system of neighborhood hike and bike trails funded and constructed by the Developer and maintained by the HOA as said trails are described and depicted in further detail in Exhibit C-2 and in accordance with design/construction plans to be approved by the City. Non-Benefited Property means parcels or lots that accrue no special benefit from the Authorized Improvements, including but not limited to property encumbered with a public utility easement that restricts the use of such property to such easement. Notice means any notice required or contemplated by this Agreement ( or otherwise given in connection with this Agreement). PID means a public improvement district created by the City for the benefit of the PID Property pursuant to Chapter 372, Texas Local Government Code, known as the Sherley Tract Public Improvement District. PID Act means Chapter 372, Texas Local Government Code, as amended. PID Administrator means an employee or designee of the City who shall have the responsibilities provided in the Service and Assessment Plan, an Indenture, or any other agreement or document approved by the City related to the duties and responsibilities for the administration of the PID. PID Bond Proceeds means the funds generated from the sale of the PID Bonds. PID Bonds means the revenue bonds or other obligations secured solely by the Bond Security. SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGES PID Resolution means the resolution adopted by the Council creating the PID. Property means the real property described by metes and bounds and depicted on Exhibit A-1. Public Infrastructure means all water, sewer, drainage, roadway and other public infrastructure necessary to serve the full development of the PID Property. Refunding Bonds means bonds issued pursuant to Section 372.027, Texas Local Government Code. Service and Assessment Plan ("SAP") means the PID Service and Assessment Plan and any SAP Update, to be adopted by the City Council for the purpose of assessing allocated costs against property located within the boundaries of the PID having terms, provisions and findings approved and agreed to by the Developer and City, as required by the PID Act and this Agreement. TIRZ means a tax increment reinvestment zone the City intends to create for the benefit of the PID Property or a portion thereof pursuant to Chapter 311, Texas Tax Code. TIRZ Act means Chapter 311 of the Texas Tax Code, as amended. TIRZ Board means the board of directors of each TIRZ that will be established in accordance with the TIRZ Act. TIRZ Documents means the TIRZ project and finance plan and the TIRZ Ordinance relating to each TIRZ as determined by the City. TIRZ Fund means the fund set up by the City if the TIRZ is created, in order to receive the TIRZ funds in accordance with this Agreement, state law and the TIRZ Documents. TIRZ Increment means an amount currently estimated at 50% inclusive of the TIRZ administrative expenses, which actual percentage shall be detennined at the sale of the series of PID Bonds for each respective phase of Development (such PID Bonds to include financing of Major Improvements for the PID Property in one or more series), of the ad valorem tax increment, as determined on a parcel by parcel basis each year under Section 311.012 of the Texas Tax Code, that is generated by the PID Property from ad valorem taxes levied and collected by the City for a term of thirty-one (31) years. TIRZ Ordinance means the City ordinance creating each TIRZ. TIRZ Project and Finance Plan means the project plan and finance plan that governs TIRZ operations. TIRZ Project(s) means any project composed of a certain portion of the Authorized Improvements, as described in Exhibit B to be undertaken by the PID, including costs to issue PID Bonds and pay for interest upon said PID Bonds, as applicable, as well as any TIRZ. Waterline Improvements means waterline improvements as described and depicted in further detail in Exhibit E-3 and in accordance with design/construction plans to be approved by the City. SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE9 ARTICLE III PUBLIC IMPROVEMENT DISTRICT 3 .1 PID Creation and Levy of Assessments. The City shall use its best efforts to initiate and approve all necessary documents and ordinances required to effectuate this Agreement, to create the PIO, and to levy the Assessments on the PID Property within the PIO. The City will prepare and approve the Service and Assessment Plan providing for the levy of the Assessments on the PID Property. Promptly following preparation and approval of a Service and Assessment Plan acceptable to the Developer and the City and subject to City Council making findings that the Authorized Improvements confer a special benefit on the PID Property, the City Council shall consider an Assessment Ordinance. The Developer shall develop the PID Property consistent with the terms of this Agreement. Nothing contained in this Agreement, however, shall be construed as creating a contractual obligation that controls, waives, or supplants the City Council's legislative discretion or functions. 3 .2 Acceptance of Assessments and Recordation of Covenants Running with the Land. Concurrently with the levy of the Assessment, the Developer shall approve and accept in writing the levy of the Assessment(s) on all land owned by the Developer and shall approve and accept in writing the Home Buyer Disclosure Program and shall cause to be recorded against the PID Property covenants running with the land that will bind any and all current and successor Developers and owners of the PIO Property to: (i) pay the Assessments, with applicable interest and penalties thereon, as and when due and payable hereunder and that the purchasers of such land take their title subject to and expressly assume the terms and provisions of such assessments and the liens created thereby; and (ii) comply with the Home Buyer Disclosure Program. The covenants required to be recorded under this paragraph shall be recorded substantially contemporaneously with the recordation of the final plat of the applicable phase except for the Final SAP which will be recorded immediately after approval by the City. 3.3 City PID Fee. The Developer shall pay to the City, simultaneously with the closing of each series of PID Bonds issued under this Agreement, the amount of the City PID Fee based upon the number of residential lots in the applicable phase of Development for which the PID Bonds are being issued. The aggregate amount of the City PID Fee shall not exceed $3,066,800 (902 residential lots multiplied by $3,400) and shall not be refundable for any reason. The City PID Fee shall not be reimbursable from Assessments or PID Bond Proceeds. The City PID Fee shall not be increased, decreased or discounted for any reason, including without limitation a change in the number of lots ultimately developed within the Development. ARTICLE IV AUTHORIZED IMPROVEMENTS 4.1 Authorized Improvements. Prior to the issuance of PID Bonds, the Budgeted Costs, Authorized Improvements and Authorized Improvement Cost are subject to change as may be agreed upon by Developer and the City and, if changed, shall be updated by the Developer and the City consistent with the Service and Assessment Plan and the PID Act. All approved final plats SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE IO within the Development shall include those Authorized Improvements located therein and the respective Authorized Improvement Costs shall be finalized before the applicable final plat is approved by the City Council. Without limiting the foregoing, and on a phase-by-phase basis, as applicable, Budgeted Costs, Authorized Improvement Costs, the timetable for installation of the Authorized Improvements, and all other pertinent information and data will be reviewed at least annually by the Parties in an annual update of the Service and Assessment Plan adopted and approved by the City consistent with the requirements of Section 372.013(b) of the PID Act. 4.2 Construction, Ownership, and Transfer of Authorized Improvements. (a) Contract Award. The Developer's engineers shall prepare, or cause the preparation of, and provide all contract specifications and necessary related documents. Certain portions of the Budgeted Cost(s) shall be paid from the proceeds of PID Bonds in accordance with the applicable Indenture. (b) Construction Standards and Inspection. The Authorized Improvements and all other Public Infrastructure required for the development of the PID Property shall be constructed and inspected-and all fees applicable to the Development shall be paid by Developer-in accordance with applicable state law, City Regulations, the applicable Bond Ordinance and other development requirements, including those imposed by any other governing body or entity with jurisdiction over the Authorized Improvements. ( c) Contract Letting. This Agreement and construction of the Authorized Improvements, including the TIRZ Projects, are anticipated to be exempt from competitive bidding pursuant to Texas Local Government Code Section 252.022(a)(9) and 252.022(a)(l 1) based upon current cost estimates. However, in the event that the actual costs for the Authorized Improvements do not meet the parameters for exemption from the competitive bid requirement, then either competitive bid or alternative delivery methods may be utilized by the City as allowed by law. The Parties acknowledge that the construction contracts for the construction of Authorized Improvements have not been awarded as of the Effective Date and contract prices have not yet been determined. Before entering into any construction contract for the construction of all or any part of the Authorized Improvements, the Parties agree as follows: (1) Developer's engineers shall prepare, or cause the preparation of, and submit to the City all contract specifications and necessary related documents, including but not limited to the proposed construction contract showing the negotiated total contract price and scope of work. (2) Developer shall submit all such documents along with a written notice of intention to let a construction contract at least 20 days in advance of the date that Developer intends to execute such contract. (3) Within 15 days after receipt of the written notice and associated documents, the City Manager may: (i) approve the amount of the contract price and provide written notice to the Developer that the Developer may execute the construction contract and provide a copy to the PID Administrator; or (ii) require that the SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGEi! contract be procured through competitive bidding or competitive sealed proposals ("Competitive Procurement") if the actual costs of the Authorized Improvements do not meet the parameters for exemption from the competitive bidding. If the City fails to notify the Developer within such 15-day period, the City shall be deemed to have approved the contract price and authorized the Developer to execute the construction contract. (4) In order to require Competitive Procurement, the City must provide the Developer with written notice of said requirement within 15 days of delivery to the City of the written notice as required under Section 4.2(c)(2), above. (5) If the City Manager requires Competitive Procurement, then the Developer must: (i) advertise for and award the contract in the same manner set forth for competitive sealed bids or competitive sealed proposals Local Government Code Chapter 252 as if the City were pursuing a public improvement contract subject to said Chapter 252 as approved by the City Manager; and (ii) supply the City with true and complete copies of all notices of bid/proposal requests and all bids/proposals subsequently received. ( d) Ownership. All of the Authorized Improvements shall be owned by the City upon acceptance of them by the City. The Developer agrees to take any action reasonably required by the City to transfer or otherwise dedicate or ensure the dedication of, easements for the Authorized Improvements to the City and the public. ( e) Operation and Maintenance. Upon inspection, approval, and acceptance of the Authorized Improvements, the City shall maintain and operate the accepted Authorized Improvements. (f) Applicability. Subsections (a)-(c), above, shall not apply to Public Infrastructure that the City is obligated to fund and construct under this Agreement, if any. (g) Water and Sewer Service. The City currently holds the certificates of convenience and necessity to provide retail water and sewer service to the Property. The Property will be served by the City. ARTICLE V ADDITIONAL OBLIGATIONS 5.1 Sanitary Sewer Facilities. Developer is responsible for funding and construction in a good and workmanlike manner of all sanitary sewer improvements required to serve the PID Property that are not constructed by the City under this Agreement. The City is responsible for the funding and construction of the Hurricane Creek Regional Trunk Sewer Project Improvements as shown on Exhibit E-2. The City is responsible for funding pump and haul sanitary sewer service for the Property as needed. Notwithstanding anything to the contrary in this Agreement, the City shall not withhold building permits for any delay to the Developer caused by the City's failure to complete the Hurricane Creek Regional Trunk Sewer Project Improvements. SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE 12 5.2 Water Facilities. Developer is responsible for the funding and construction in a good and workmanlike manner of all water improvements required to serve the PID Property that are not constructed by the City under this Agreement. Prior to the issuance of a residential building permit for Phase 1, the Developer is responsible for the funding and construction of the Standridge Parkway, E-W Collector and Shadybrook Trail waterlines as shown on Exhibit E-3 which water lines shall be a TIRZ Project, and which costs are reimbursable to the Developer as a qualified TIRZ Project. 5.3 Roadway Facilities. Developer is responsible for the funding and the construction in a good and workmanlike manner of the roadway improvements required to serve each phase of the PID Property that are not funded and constructed by the City under this Agreement. Prior to the issuance of a residential building permit for each phase of the Development, Developer is responsible for the funding and construction of the roadway projects for the applicable phase as shown on Exhibit E-1, which projects shall be TIRZ Projects, and which costs are reimbursable to the Developer as qualified TIRZ Projects. Upon inspection, approval and acceptance, City shall maintain and operate the roadway improvements for the Property. Notwithstanding anything to the contrary in this Agreement, the City is responsible for the acquisition of all rights of way and easements needed for the Developer's construction of the offsite portion of Rosamond Parkway between Standridge Parkway and U.S. Highway 75 as shown on Exhibit E-1 attached hereto. The City shall not withhold building permits for any delay to the Developer caused by the City's failure to obtain any of said rights of way or easements. 5.4 Drainage/Detention Infrastructure. Developer shall have full responsibility for designing, installing, and constructing the drainage/detention infrastructure that will serve the Property and the cost thereof. Prior to the recordation of the final plat for any phase of Development, Developer shall complete in a good and workmanlike manner construction of the drainage/detention improvements necessary to serve such phase. Upon inspection, approval and acceptance, City shall maintain and operate the drainage improvements for the Property. 5.5 Screening, Landscaping, and Entryways. On or before one hundred fifty (150) days after final City acceptance of the Public Infrastructure for each phase of the Development, Developer shall complete construction, in a good and workmanlike manner, of the landscaping, screening and entryways for such phase in accordance with City Regulations. Said improvements shall thereafter be maintained in good appearance and repair by the HOA or the POA as applicable. 5.6 Homeowners Association and Property Owners Association. (a) Mandatory Homeowners Association. As relates to the PID Property, the Developer will create, in a manner acceptable to the City, a mandatory homeowner association ("HOA"), which HOA, whether one or more, shall be required to levy and collect from home owners within the PID Property annual fees in an amount calculated to maintain the open spaces, common areas, the Amenity Center as described and defined in this Agreement, hike and bike trails located in common areas, portions of which will be open to the public, right-of-way irrigation systems, raised medians and other right-of-way landscaping, and screening walls within the PID. Common areas including but not limited to the Amenity Center, the water feature, screening, landscaping, gardens, entrances to the Development and right-of-way landscaping shall be maintained solely by the SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE 13 HOA. Maintenance of public rights-of-way landscaping and screening by the HOA shall comply with City Regulations and shall be subject to oversight by the City. (b) Mandatory Property Owner's Association. As relates to the In-City Property, Developer will create or cause to be created, in a manner acceptable to the City, a mandatory property owner association ("POA''), which POA, whether one or more, shall be required to levy and collect from property owners within the In-City Property annual fees in an amount calculated to maintain the open spaces, common areas, water features, sidewalks, landscaping/screening in common areas and other common areas within the In-City PID. All such common areas shall be maintained solely by the POA. Maintenance of public rights-of-way landscaping and screening by the POA shall comply with City Regulations and shall be subject to oversight by the City. 5.7 Performance Window; Election to Terminate; Liquidated Damages. In the event that the Developer does not satisfy all of its obligations under its control pursuant to Section 6.1 or does not request that the City issue PID Bonds on or before June 1, 2021, neither Party shall thereafter be required to perform under this Agreement and this Agreement will terminate. If this Agreement is terminated under this Section 5.7 or is otherwise terminated early under any other provision of this Agreement, Developer must within 30 days of such termination file or caused to be filed with the City an irrevocable petition by the owners of the PID Property to dissolve the PID and shall thereafter promptly undertake any and all reasonable actions to facilitate the dissolution of the PID and the TIRZ-notwithstanding anything to the contrary in this Agreement-the Developer's obligations regarding the dissolution of the PID and the TIRZ in accordance with this section shall survive such termination. 5.8 ~ons;~pt Plan; Revisions. (a) The Concept Plan illustrates the approved development concept for the Property but has not been engineered and does not represent the final design that will be approved through the final platting process. As a result, Developer may revise the Concept Plan with City Manager approval to make revisions necessitated by final engineering and design of the development project prior to final platting, provided the number of residential lots shown on the Concept Plan does not increase by greater than five percent ( 5% ), the numbers of residential lots in each category shown on the Concept Plan does not increase by greater than five percent (5%), and the amount of open space shown on the Concept Plan does not decrease by greater than five percent (5%). If the City Manager does not approve such revisions to the Initial Concept Plan within 15 days after receipt of a written request for approval, City Council approval of such revisions shall be required. Nothing in this paragraph shall preclude Developer from applying directly to the City Council for approval of any Concept Plan revisions, including revisions greater than the percentages listed herein. (b) Except as otherwise provided in subsection ( a) of this section, all other revisions to the Concept Plan require the approval of the City Council. ( c) If the Concept Plan is revised as provided by this section, the City Manager or his or her designee shall cause the revised Concept Plan to be attached to the official version of this Agreement on file with the City's Secretary's office, and Developer shall record a memorandum of the revised Concept Plan in the Land Recordings of the Collin County Clerk's office. 5.9 Restaurant and Water Feature. SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE 14 The Developer shall apply for and obtain the building pe1mits necessary to commence construction of a restaurant and a water feature (respectively, "Restaurant and Water Feature") to be located on the In-City Property and shall commence construction of the Restaurant and Water Feature before the earliest of the following occurrences: (1) the expiration of five (5) years of the Effective Date; (2) the City's issuance of a building permit for any multiple-family residential structure greater than 275 units to be located on the In-City Property (the "Multifamily Structure"); or (3) the City's issuance of a building permit for the 301 st single-family residential building permit as pertains to residences on the Property. The Developer shall complete construction of the Restaurant within one (1) year and six (6) months of commencing construction of same. The Restaurant building shall be a minimum of 5,000 square feet of air- conditioned space. The Water Feature shall be a minimum of20,000 square feet in size. The Developer shall complete construction of the Restaurant and Water Feature before the City issues a certificate of occupancy for the Multifamily Structure and the City may withhold such certificate of occupancy until the Restaurant and Water Feature are completed. Developer shall also apply for and obtain the building permits necessary to commence construction and commence construction of a minimum of 10,000 square feet of additional non-residential space to be located on the In-City Property within six (6) years of the Effective Date. This is in addition to the 5,000 square foot Restaurant refenced above. 5.10. Amenity Center. Prior to the City's issuance of a building permit for the 40l81 single-family residential building permit as pertains to residences on the Property, Developer shall complete construction of the Amenity Center in accordance with the applicable definition in Article II, and the City may withhold all residential building permits after issuing the first 400 single-family residential building permits until the construction of the Amenity Center is completed. The site of the Amenity Center shall be approximately 2.25 acres at the location shown on Exhibit C-1. The exterior masonry requirement for the Amenity Center shall be 80%. 5 .11 Neighborhood Trails. Developer is responsible for funding and construction of the Neighborhood Trails. Neighborhood Trails shall be constructed as required or necessary for each phase of the Development, and the Developer shall complete construction of each portion of the Neighborhood Trails within ten (10) months after the City's acceptance of the Authorized Improvements for the applicable phase. 5.12 Community and Botanical Garden. Developer is responsible for funding and construction of the Community and Botanical Garden within the PID Property as shown on the Concept Plan attached hereto as Exhibit C. The Community and Botanical Garden shall be completed on or before the earliest of the following occurrences: (1) the City's issuance of a building permit for the 801 st single-family residential building permit as pertains to residences on the Property, (2) six (6) months after construction of the Public Infrastructure necessary to provide access to the Community and Botanical Garden site is completed, or (3) twelve (12) months after City acceptance of the Public Infrastructure for the third (3 rd ) phase of the Development. SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE 15 5 .13 In-City Property Obligations. The In-City Property Owner shall not be j obligated to perform any obligations or meet any requirements under this Agreement as relates to the In-City Property. ARTICLE VI PIDBONDS 6.1 PID Bond Issuance. Subject to the satisfaction of conditions set forth in this article, the City may issue PID Bonds solely for the purposes of acquiring or constructing Authorized Improvements. The Developer may request issuance of PID Bonds by filing with the City a list of the Authorized Improvements to be funded with the PID Bonds and the estimated costs of such Authorized Improvements. The Developer acknowledges that the City may require at that time a professional services agreement that obligates the Developer to fund the costs of the City's professionals relating to the preparation for and issuance of PID Bonds, which amount shall be agreed to by the Parties and considered a cost payable from such PID Bonds. The issuance of PID Bonds is subject to all of the following conditions. (1) The City has evaluated and determined that there will be no negative impact on the City's creditworthiness, bond rating, access to or cost of capital, or potential for liability. (2) The City has determined that the PID Bonds assessment level, structure, terms, conditions and timing of the issuance of the PID Bonds are reasonable for the Authorized Improvement Costs to be financed and that there is sufficient security for the PID Bonds to be creditworthy. (3) All costs incurred by the City that are associated with the administration of the PID shall be paid out of special assessment revenue levied against property within the PID. City administration costs shall include those associated with continuing disclosure, compliance with federal tax law, agent fees, staff time, regulatory reporting and legal and financial reporting requirements. ( 4) The adoption of a service and assessment plan ( the "Service and Assessment Plan") and an assessment ordinance levying assessments on all or any portion of the PID Property benefitted by such Authorized Improvements in amounts sufficient to pay all costs related to such PID Bonds and said PID Bonds shall be at a 3: 1 Value to Lien ratio ("YTL") based on the anticipated final lots values as provided in a third-party appraisal; provided, however, it shall be at the City's discretion if the YTL is reduced to 2 ½: 1 ratio, at which time, the amount of funds below the 3: 1 YTL ratio shall be "restricted" from access by the Developer until such a time as the value of the Development reaches the 3:1 ratio. The final language and calculation will be provided for in the Certificate for Payment attached to any PID reimbursement agreement between the City and the Developer, subject to amounts that must be restricted in order for the City, on the advice of bond counsel, to comply with federal tax regulation spending requirements. SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE 16 (5) The City has formed and utilized its own financing team including, but not limited to, bond counsel, financial advisor, PID Administrator, and underwriters related to the issuance of PID Bonds and bond financing proceedings. ( 6) The City has chosen and utilized its own continuing disclosure consultant and arbitrage rebate consultant. Any and all costs incurred by these activities will be included in City administration costs recouped from special assessments. The continuing disclosure will be divided into City disclosure and Developer disclosure, and the City will not be responsible or liable for Developer disclosure but the City's disclosures professional will be used for both disclosures. (7) The aggregate principal amount of PID Bonds issued and to be issued shall not exceed $32,000,000.00. (8) Each series of PID Bonds shall be in an amount estimated to be sufficient to fund the Authorized Improvements or portions thereof for which such PID Bonds are being issued. (9) Delivery by the Developer to the City of a certification or other evidence from an independent appraiser acceptable to the City confinning that the special benefits conferred on the properties being assessed for the Authorized Improvements increase the value of the property by an amount at least equal to the amount assessed against such property. (10) Approval by the Texas Attorney General of the PID Bonds and registration of the PID Bonds by the Comptroller of Public Accounts of the State of Texas. (11) The Developer is current on all taxes, assessments, fees and obligations to the City including without limitation payment of Assessments. (12) The Developer is not in default under this Agreement or, with respect to the Property, any other agreement to which Developer and the City are parties. (13) No outstanding PID Bonds are in default and no reserve funds established for outstanding PID Bonds have been drawn upon that have not been replenished. ( 14) The Administrator has certified that the specified portions of the costs of the Authorized Improvements to be paid from the proceeds of the PID Bonds are eligible to be paid with the proceeds of such PID Bonds. SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE 17 (15) The Authorized Improvements to be financed by the PIO Bonds have been or will be constructed according to the approved Development Standards imposed by this Agreement including without limitation any applicable City Regulations. (16) The City has determined that the amount of proposed PIO assessments and the structure, terms, conditions and timing of the issuance of the PIO Bonds are reasonable for the project costs to be financed and the degree of development activity within the PIO, and that there is sufficient security for the PIO Bonds to be creditworthy. (17) The maximum maturity for PIO Bonds shall not exceed 30 years from the date of delivery thereof. (18) The final maturity for any PIO Bonds shall be not later than 45 years from the date of this Agreement. (19) The City has determined that the PIO Bonds meet all regulatory and legal requirements applicable to the issuance of the PIO Bonds. (20) Unless otherwise agreed to by the City, the PIO Bonds shall be sold and may be transferred or assigned only (i) in compliance with applicable securities laws and (ii) in minimum denominations of $25,000 or integral multiples of $1,000 in excess thereof; provided, however, that the limitation on transferability or assignment in this subparagraph (ii) shall not apply if the PIO Bonds have a rating of not less that BBB-from Fitch Ratings or Standard & Poor's Ratings Services or Baa3 from Moody's Investors Service, Inc. (21) If the applicable portion of Authorized Improvements has not already been constructed and to the extent PIO Bond Proceeds are insufficient to fund such Authorized Improvement Costs, Developer shall, at time of closing the PIO Bonds, fund or cause the funding of the difference between the Authorized Improvement Costs and the PIO Bond Proceeds available to fund such Authorized Improvement Costs related to the applicable Authorized Improvement (without limiting any other provision, in the event Developer does not or cannot provide such funding, the City shall not be required to sell such PIO Bonds, and Developer shall reimburse the City for all expenses and liabilities incurred by the City in connection with the proposed issuance of the PIO Bonds). (22) No information regarding the City, including without limitation financial information, shall be included in any offering document relating to PIO Bonds without the consent of the City. (23) The Developer agrees to provide periodic information and notices of material events regarding the Developer and the Developer's development within the SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE 18 PID in accordance with Securities and Exchange Commission Rule 15c2-12 and any continuing disclosure agreements executed by the Developer in connection with the issuance of PID Bonds. (24) The Developer satisfies the City's Director of Public Works or his designee that the Budgeted Cost(s) are reasonable. (25) Developer is not in default under a Developer Continuing Disclosure Agreement. (26) The issuance of any Refunding Bonds, the amount of assessment necessary to pay the Refunding Bonds shall not exceed the amount of the assessments that were levied to pay the PID Bonds that are being refunded. (27) The maximum tax equivalent assessment rate for the assessment levy shall not exceed $0.9572 per $100.00 taxable assessed valuation, without prior, written consent of the City, in its sole discretion. (28) Developer has completed and the City has accepted the Authorized Improvements for any previous phase of the Development; and (29) Unless otherwise set forth in this Section 6.1, a minimum value to lien ratio of 3:1 for PID Bonds; provided, however, it shall be at the City's discretion if the YTL is reduced to 2 ½: 1 ratio, at which time, the amount of funds below the 3:1 YTL ratio shall be "restricted" from access by the Developer until such a time as the value of the Development reaches the 3: 1 ratio. Any receivables due under any PID reimbursement agreement between the City and the Developer may be sold or assigned in accordance with Section 11.1 of the Agreement; such value shall be confirmed by appraisal from licensed MAI appraiser based on the assumption that development of property only includes the public improvements in place and to be constructed with the PID Bond proceeds and any Developer Cash Contribution deposited with trustee and finished lots (without vertical construction) for an improvement area. (30) The Developer and the City shall have entered into a PID reimbursement agreement that provides for the Developer's construction of certain Authorized Improvements and the City's reimbursement to the Developer of certain Authorized Improvement Costs. 6.2 Disclosure Information. Prior to the issuance of PID Bonds by the City, Developer agrees to provide all relevant information, including financial information, that is reasonably necessary in order to provide potential bond investors with a true and accurate offering document for any PID Bonds. Developer agrees, represents, and warrants that any information provided by Developer for inclusion in a disclosure document for an issue of PID Bonds will not, to Developer's actual knowledge, contain any untrue statement of a material fact or omit any SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE 19 statement of material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they were made, not misleading, and Developer further agrees that it will provide a certification to such effect as of the date of the closing of any PID Bonds .. 6.3 Qualified Tax-Exempt Status. (1) Generally. In any calendar year in which PID Bonds are issued, Developer agrees to pay the City its actual additional costs ("Additional Costs") the City may incur in the issuance of its own public securities or obligations on its own taxing power of municipal revenues (the "City Obligations"), as described in this section, if the City Obligations are deemed not to qualify for the designation of qualified tax-exempt obligations ("OTEO"), as defined in section 265(b )(3) of the Internal Revenue Code ("IRC") as amended, as a result of the issuance of PID Bonds by the City in any given year. The City agrees to deposit all funds for the payment of such Additional Costs received under this section into a segregated account of the City, and such funds shall remain separate and apart from all other funds and accounts of the City until December 31 of the calendar year in which the PID Bonds are issued, at which time the City is authorized to utilize such funds for any purpose permitted by law. On or before January 15 th of the following calendar year, the final Additional Costs shall be calculated. By January 31 st of such year, any funds in excess of the final Additional Costs that remain in such segregated account on December 31 st of the preceding calendar year shall be refunded to the Developer and any deficiencies in the estimated Additional Costs paid to the City by Developer shall be remitted to the City by the Developer.). (2) Issuance of PID Bonds prior to City Obligations. A. In the event the City issues PID Bonds prior to the issuance of City Obligations, the City, with assistance from its financial advisor ("Financial Advisor"), shall estimate the Additional Costs based on the market conditions as they exist approximately 30 days prior to the date of the pricing of the PID Bonds (the "Estimated Costs"). The Estimated Costs are an estimate of the increased cost to the City to issue its City Obligations as non-QTEO. Promptly following the determination of the Estimated Costs, the City shall provide a written invoice to Developer in an amount less than or equal to the Estimated Costs. Developer, in tum, shall remunerate to the City the amount shown on said invoice on or before the earlier of: (i) 15 business days after the date of said invoice, or (ii) 5 business days prior to pricing the PID Bonds. The City shall not be required to price or sell any series of PID Bonds until Developer has paid the invoice of Estimated Costs related to the PID Bonds then being issued. B. Upon the City's approval of the City Obligations, the Financial Advisor shall calculate the Additional Costs to the City of issuing its City Obligations as non-QTEO. The City will, within 5 business days of the issuance of the City Obligations, provide written notice to Developer of the amount of the Additional Costs. In the event the Additional Costs are less than the Estimated Costs, the City will refund to Developer the difference between the Additional Costs and the Estimated Costs within 15 business days of the date of the City's notice to Developer required under this paragraph. If the Additional Costs are more than the Estimated Costs, Developer will pay to the City the difference between the Additional Costs and the Estimated Costs within 15 business days of the date of the City's notice required under this SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE20 paragraph. If Developer does not pay the City the difference between the Additional Costs and the Estimated Costs within 15 business days of the date of the City's notice required under this paragraph, Developer shall not be paid any reimbursement amounts under any PID reimbursement agreement related to the Development until such payment of Additional Costs is made in full. (3) Issuance of City Obligations prior to PID Bonds. A. In the event the City issues City Obligations prior to the issuance of PID Bonds, the City, with assistance from the Financial Advisor, shall calculate the Estimated Costs based on the market conditions as they exist 20 days prior to the date of the pricing of the City Obligations. Promptly following the determination of the Estimated Costs, the City shall provide a written invoice to Developer: (1) in an amount less than or equal to the Estimated Costs, and (2) that includes the pricing date for such City Obligations. The Developer, in tum, shall remunerate to the City the amount shown on said invoice at least 15 days prior to the pricing date indicated on the invoice. If Developer fails to pay the Estimated Costs as required under this paragraph, the City, at its option, may elect to designate the City Obligations as QTEO, and the City shall not be required to issue any PID Bonds in such calendar year. B. Upon the City's approval of the City Obligations, the Financial Advisor shall calculate the Additional Costs to the City of issuing non-QTEO City Obligations. The City will, within 5 business days of the issuance of the City Obligations, provide written notice to Developer of the Additional Costs. In the event the Additional Costs are less than the Estimated Costs, the City will refund to Developer the difference between the Additional Costs and the Estimated Costs within 15 business days of the date of the City's notice to Developer. If the Additional Costs are more than the Estimated Costs, Developer will pay to the City the difference between the Additional Costs and the Estimated Costs within 15 business days of the date of the City's notice. If Developer does not pay to the City the difference between the Additional Costs and the Estimated Costs as required under this paragraph, then Developer shall not be paid any reimbursement amounts under any PID reimbursement agreement related to the Development until such payment of Additional Costs is made in full. (4) To the extent any developer(s) or property owner(s) (including Developer, as applicable) has (have) paid Additional Costs for any particular calendar year, any such Additional Costs paid subsequently by a developer or property owner (including Developer, as applicable) to the City applicable to the same calendar year shall be reimbursed by the City to the developer(s) or property owner(s) (including Developer, as applicable) as necessary so as to put all developers and property owners (including Developer, if applicable) so paying for the same calendar year in the proportion set forth in subsection {e), below, said reimbursement to be made by the City within 15 business days after its receipt of such subsequent payments of such Additional Costs. (5) The City shall charge Additional Costs attributable to any other developer or property owner on whose behalf the City has issued debt in the same manner as described in this section, and Developer shall only be liable for its portion of the Additional Costs under this provision, and if any Additional Costs in excess of Developer's portion has already been paid to the City under this provision, then such excess of Additional Costs shall be reimbursed to Developer. The portion owed by Developer shall be determined by dividing the total proceeds SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE21 from any debt issued on behalf of Developer in such calendar year by the total proceeds from any debt issued by the City pursuant to the PID Act for the benefit of all developers (including Developer) in such calendar year. 6.4 Developer Cash Contribution. At closing on any series of PID Bonds intended to fund construction of Authorized Improvements that have not already been constructed by the Developer, Developer shall deposit into the Developer Improvement Account a pro-rata amount of the Developer Cash Contribution. ARTICLE VII PAYMENT OF AUTHORIZED IMPROVEMENTS 7.1 Improvement Account of the Project Fund. The Improvement Accounts of each Project Fund shall be administered and controlled by the City and funds in the Improvement Account of each Project Fund shall be deposited and disbursed in accordance with the terms of the respective Indenture. 7.2 Cost Overrun. If the total cost of the Authorized Improvements in the aggregate exceeds the total amount of monies on deposit in the Improvement Account of a Project Fund, the Developer shall be solely responsible for the remainder of the costs of the Authorized Improvements, except as provided in Section 7.3 below. 7.3 Cost Underrun. Upon the final acceptance by City of an Authorized Improvement and payment of all outstanding invoices for such Authorized Improvement, if the Actual Cost of such Authorized Improvement is less than the Budgeted Cost (a "Cost Underrun"), any remaining Budgeted Cost, to the extent available in the monies on deposit in the Improvement Account of the applicable Project Fund, will be available to pay Cost Overruns on any other Authorized Improvement. The City shall promptly confirm to the Trustee that such remaining amounts are available to pay such Cost Overruns, and the Developer and the City will agree how to use such moneys to secure the payment and performance of the work for other Authorized Improvements. 7.4 Remainder for Authorized Improvements. If funds remain in an Improvement Account of any Project Fund after the completion of all Authorized Improvements and the payment of all Authorized Improvement Costs to be funded with such PID Bonds, then such funds shall thereafter be the exclusive property of the City and shall be used by the City for the purpose of paying or retiring the PID Bonds as provided in the respective Indenture, the Service and Assessment Plan, and any construction funding agreement entered into by the Parties. ARTICLE VIII TIRZ AND AGRICULTURAL EXEMPTION 8.1 Tax Increment Reinvestment Zone. If PID Bonds are issued for a development phase in accordance with this Agreement, the City agrees that it will create, operate and maintain a TIRZ over such development phase of the PID Property with the intention to provide revenue to pay for: (i) the construction or acquisition of Authorized Improvements to serve the PID Property; (ii) to reimburse the Developer for any costs advanced or expended by the Developer related to the construction or acquisition of Authorized Improvements; and/or (iii) to pay PID Bond Assessments or to retire all or part of the debt created by PID Bonds. Determination of which of SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE22 the three purposes (or a combination of those purposes), referenced above, for which the TIRZ Increment shall be expended will be at the City's sole discretion. The City shall deposit and disburse, or cause to be deposited and disbursed, the TIRZ Increment in accordance with the TIRZ Project and Finance Plan for each TIRZ created for each phase of development. Notwithstanding any other provision of this Agreement, the term of each TIRZ created on the PID Property shall be thirty-one (31) years from the year of its creation, and the total combined amount of the TIRZ Increment to be provided for the purposes described above shall not exceed the Maximum TIRZ Contribution for each TIRZ as provided in the TIRZ Documents; provided that any TIRZ Increments due and uncollected as of the termination date of the last remaining TIRZ created on the PID Property shall be deposited and disbursed, when and if received by the City, in accordance with the TIRZ Project and Finance Plan. If the total amount of the TIRZ Increment collected and disbursed reaches the Maximum TIRZ Contribution during the term of any TIRZ, then the remaining TIRZ may be terminated at the City's sole discretion and the City shall have no further obligations with respect to any TIRZ. The members of each TIRZ Board shall be appointed by the City Council in accordance with Chapter 311, Texas Tax Code. 8.2 Additional TIRZ Qualified Projects. In addition to the listed Authorized Improvements attached as Exhibit B, qualified public improvement projects such as roads, sewers, drainage, water, right of way and real estate acquisition projects, and costs of issuance, capitalized interest, and reserve amounts, totaling $6,638,200 (the "TIRZ Qualified Projects") are included in the Maximum TIRZ Contribution, and shall be added to the Authorized Improvements to the extent such TIRZ Qualified Projects are not already included. 8.3 TIRZ Fund. In accordance with the TIRZ Project and Finance Plan, the TIRZ Increment obtained from the PID Property shall be placed into the TIRZ Fund, a separate fund which has been created by the City for each TIRZ. It is anticipated that the monies in each TIRZ Fund shall be distributed in accordance with Section 8.1 and the TIRZ Project and Finance Plan for each TIRZ. 8.4 Agricultural Exemption. The City acknowledges that some or all of the PID Property may now have or may in the future have an agricultural, timber, or wildlife management use tax classification, and the City may not request removal of any such tax classification until PID Bonds secured by the PID Property are issued to pay for the costs of the Authorized Improvements and related costs, notwithstanding any waiver of such exemption for other political subdivisions or public entities. However, to the extent that the City might otherwise be required under Section 23 .41 et seq. of the Texas Tax Code or other applicable law, including but not limited to Section 43.035 of the Texas Local Government Code, or offers to enter into a development agreement with a Landowner containing other such restrictions, this Agreement shall be deemed to have satisfied any such requirement. ARTICLE IX ANNEXATION AND POST-ANNEXATION MATTERS 9.1 Annexation. The Developer shall submit a voluntary irrevocable petition for annexation of the PID Property to the City in compliance with Chapter 43 of the Texas Local Government Code, as amended, at least sixty ( 60) days before the issuance of PID Bonds by the SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE23 City. The Developer agrees to execute and supply any and all instruments and/or other documentation necessary for the City to annex the PID Property into the City's corporate limits and the Parties agree that the annexation of the PID Property shall occur upon or as soon as reasonably practicable after or the execution of this Agreement and the issuance of PID Bonds, in accordance with statutory requirements. Such annexation petition shall be filed with the City before Developer can access any bond proceeds. 9.2 Zoning of Property. The City shall consider zoning the Property consistent with the Development Standards, the Concept Plan, and applicable provisions of this Agreement. Through this Agreement, the Developer expressly consents and agrees to the zoning of the Property consistent with and as contemplated by this section. The City will not require the Developer to submit a fonnal zoning application in order to proceed with zoning the Property as contemplated by this section. Any such zoning of the Property shall otherwise be in accordance with all procedures set forth in the applicable City Regulations. 9.3 Full Compliance with City Standards. (a) When not in direct conflict with the terms and conditions of this Agreement-and without regard to whether any part of the Property is inside or outside the City's corporate limits at any given time-the development of the Property shall be subject to all applicable City Regulations, including but not limited to the City's subdivision regulations and design standards and all applicable fees and land dedications. The City shall be the sole authority for approval of all plats, concept plans, civil engineering plans and other development applications required under City Regulations, and the requirement to obtain approval of all such development applications shall apply to the Property to the extent applicable as if all of the Property were located within the City's corporate limits. (b) Development and use of the Property, including, without limitation, the construction, installation, maintenance, repair, and replacement of all buildings and all other improvements and facilities of any kind whatsoever on and within the Property, shall be in compliance with the Development Standards, the Concept Plan (as may be revised in accordance with Section 5.8), both as attached in Exhibit D and Exhibit C, and applicable City Regulations. All City Regulations shall apply to the development and use of the Property unless expressly set forth to the contrary in this Agreement. 9.4 Phasing. The Parties acknowledge that the Property may be developed in phases. If deemed necessary, the Developer may submit a replat for all or any portions of the Property. Any replat shall be in general conformance with the Final Concept Plan and subject to City approval. 9 .5 Conflicts. In the event of any direct conflict between this Agreement and any other ordinance, rule, regulation, standard, policy, order, guideline, or other City adopted or City enforced requirement, whether existing on the Effective Date or hereinafter adopted, this Agreement, including its exhibits, as applicable, shall control. 9.6 Vested Rights. This Agreement shall constitute a "permit" (as defined in Chapter 245 of the Texas Local Government Code) that is deemed filed with the City on the Effective Date. SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE24 ARTICLEX EVENTS OF DEFAULT; REMEDIES 10.1 Events of Default. No Party shall be in default under this Agreement until notice of the alleged failure of such Party to perform has been given in writing (which notice shall set forth in reasonable detail the nature of the alleged failure) and until such Party has been given a reasonable time to cure the alleged failure (such reasonable time to be determined based on the nature of the alleged failure, but in no event more than thirty (30) days (or any longer time period to the extent expressly stated in this Agreement as relates to a specific failure to perform) after written notice of the alleged failure has been given except as relates to a type of default for which a different time period is expressly set forth in this Agreement). Notwithstanding the foregoing, no Party shall be in default under this Agreement if, within the applicable cure period, the Party to whom the notice was given begins performance and thereafter diligently and continuously pursues performance until the alleged failure has been cured. Notwithstanding the foregoing, however, a Party shall be in default of its obligation to make any payment required under this Agreement if such payment is not made within twenty (20) business days after it is due. 10.2 Remedies. As compensation for the other party's default, an aggrieved Party is limited to seeking specific performance of the other party's obligations under this Agreement. However, the Parties agree that the Developer will not be required to specifically perform under this Agreement in the event that the Developer satisfies all of its obligations under Section 6.1 and the City does not issue PID Bonds on or before June 1, 2021. The City will not be required to specifically perform under this Agreement in the event that the Developer does not satisfy all of its obligations under its control pursuant to Section 6.1; or, regardless of Developer's actions with regard to its obligations under Section 6.1 if Developer does not request that the City issue the PID Bonds by June 1, 2021. 11.1 Assignment. ARTICLE XI ASSIGNMENT; ENCUMBRANCE (a) This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. The obligations, requirements, or covenants to develop the Property in this Agreement shall be able to be assigned to any affiliate or related entity of the Developer, or any lien holder on the Property, without the prior written consent of the City. The obligations, requirements or covenants to the development of the Property shall not be assigned by Developer to a non-affiliate or non-related entity of the Developer without the prior written consent of the City Manager of the City, which consent shall not be unreasonably withheld if the assignee ( an "Assignee") demonstrates financial ability to perform. Any receivables due under this Agreement, any construction funding agreement, or any PID reimbursement agreement between the City and the Developer may be assigned by the Developer upon written notice to the City pursuant to Section 11.4 of this Agreement. An Assignee shall be considered a "Party" for the purposes of this Agreement. Each assigmnent shall be in writing executed by Developer and the Assignee and shall obligate the Assignee to be bound by this Agreement to the extent this Agreement applies or relates to the obligations, rights, title, or interests being assigned. No assignment by Developer shall release Developer from any liability SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE25 that resulted from an act or omission by Developer that occurred prior to the effective date of the assignment unless the City approves the release in writing. Developer shall maintain written records of all assignments made by Developer to Assignees, including a copy of each executed assignment and, upon written request from any Party or Assignee, shall provide a copy of such records to the requesting person or entity, and this obligation shall survive the assigning Party's sale, assignment, transfer, or other conveyance of any interest in this Agreement or the Property. (b) The Developer and Assignee(s) have the right, from time to time, to collaterally assign, pledge, grant a lien or security interest in, or otherwise encumber any of their respective rights, title, or interest under this Agreement for the benefit of their respective lenders without the consent of, but with prompt written notice to the City. The collateral assignment, pledge, grant of lien or security interest, or other encumbrance shall not, however, obligate any lender to perform any obligations or incur any liability under this Agreement unless the lender agrees in writing to perform such obligations or incur such liability. Provided the City has been given a copy of the documents creating the lender's interest, including Notice information for the lender, then that lender shall have the right, but not the obligation, to cure any default under this Agreement and shall be given a reasonable time to do so in addition to the cure periods otherwise provided to the defaulting Party by this Agreement; and the City agrees to accept a cure, not to be unreasonably withheld, offered by the lender as if offered by the defaulting Party. A lender is not a party to this Agreement unless this Agreement is amended, with the consent of the lender, to add the lender as a Party. Notwithstanding the foregoing, however, this Agreement shall continue to bind the Property and shall survive any transfer, conveyance, or assignment occasioned by the exercise of foreclosure or other rights by a lender, whether judicial or non- judicial. Any purchaser from or successor owner through a lender of any portion of the Property shall be bound by this Agreement and shall not be entitled to the rights and benefits of this Agreement with respect to the acquired portion of the Property until all defaults under this Agreement with respect to the acquired portion of the Prope1iy have been cured. 11.2 Assignees as Parties. An Assignee authorized in accordance with this Agreement and for which notice of assignment has been provided in accordance with Section 11.4 of this Agreement shall be considered a "Party" for the purposes of this Agreement. With the exception of the End-Buyer of a lot within the Property, any person or entity upon becoming an owner of land within the PID or upon obtaining an ownership interest in any part of the Property shall be deemed to be a "Developer" and have all of the obligations of the Developer as set forth in this Agreement and all related documents to the extent of said ownership or ownership interest. 11.3 Third Party Beneficiaries. Subject to Section 11.1 of this Agreement, this Agreement only inures to the benefit of, and may only be enforced by, the Parties. No other person or entity shall have any right, title, or interest under this Agreement or otherwise be deemed to be a third-party beneficiary of this Agreement. 11.4 Notice of Assignment. The following requirements shall apply in the event that the Developer sells, assigns, transfers, or otherwise conveys the Property or any part thereof and/or any of its rights or benefits under this Agreement: SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE26 (a) the Developer must provide written notice to the City to the extent required under Section 11.1 at least fifteen (15) business days in advance of any such sale, assignment, transfer, or other conveyance; (b) said notice must describe the extent to which any rights or benefits under this Agreement will be sold, assigned, transferred, or otherwise conveyed; ( c) said notice must state the name, mailing address, and telephone contact information of the person( s) that will acquire any rights or benefits as a result of any such sale, assignment, transfer or other conveyance; and ( d) said notice must be signed by a duly authorized person representing the Developer. ARTICLE XII RECORDATION AND ESTOPPEL CERTIFICATES 12.1 Binding Obligations. This Agreement and all amendments thereto and assignments hereof shall be recorded in the property records of Collin County. This Agreement binds and constitutes a covenant running with the Property and, upon the Effective Date, is binding upon the Developer and the City, and forms a part of any other requirements for development within the Property. This Agreement, when recorded, shall be binding upon the Parties and their successors and assigns as permitted by this Agreement and upon the Property; however, this Agreement shall not be binding upon, and shall not constitute any encumbrance to title as to, any End-Buyer of a Fully Developed and Improved Lot except for land use and development regulations that apply to such lots. 12.2 Estoppel Certificates. From time to time upon written request of the Developer or any future owner, and upon the payment to the City of a $100.00 fee plus all reasonable costs incurred by the City in providing the certificate described in this section, the City Manager, or his/her designee will, in his official capacity and to his reasonable knowledge and belief, execute a written estoppel certificate identifying any obligations of an owner under this Agreement that are in default. ARTICLE XIII GENERAL PROVISIONS 13.1 Term. The term of this Agreement shall be fifteen (15) years after the Effective Date unless extended by mutual agreement of the Developer and the City. Upon expiration of the Term, the City shall have no obligations under this Agreement with the exception of: (i) maintaining and operating the PID in accordance with the Service and Assessment Plan and any Indenture; and (ii) fulfilling its obligations under the TIRZ Documents. The term of each TIRZ shall be as stated in Article VIII of this Agreement. 13.2 Public Infrastructure, Generally. Except as otherwise expressly provided for in this Agreement, Developer shall provide all Public Infrastructure, including streets, utilities, drainage, sidewalks, trails, street lighting, street signage, and all other required improvements dedicated or SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE27 intended to be dedicated for public use or benefit, at no cost to the City except as provided herein, and in accordance with City Regulations, and as approved by the City's engineer or his or her agent. Developer shall cause the installation of such improvements within all applicable time frames in accordance with the City Regulations unless otherwise approved herein. Developer shall provide engineering studies, plan/profile sheets, and other construction documents at the time of platting as required by City Regulations. Such plans shall be approved by the City's engineer or his or her agent prior to approval of a final plat. Construction of any portion of the Public Infrastructure shall not be initiated until a pre-construction conference that includes a City representative has been held regarding the proposed construction and City has issued a written notice to proceed. 13 .3 Performance Bond, Payment Bond and Other Security Developer shall include in every contract with a subcontractor that will work on any of the Public Improvements a clause that requires the subcontractor to execute or cause to be executed one or more valid performance bonds in favor of the City for the construction, work and materials necessary to complete the Public Improvements. Said bonds may be dual obligee bonds and shall be in accordance with Texas Government Code, Chapter 2253 and applicable City Regulations for each subcontractor's construction contract for any part of the Public Improvements and shall contain a provision that increases the amount of the bond to the extent that the contract price increases by change order. Developer shall further execute or cause to be executed a valid Maintenance Bond in accordance with applicable City Regulations that guarantees the costs of any repairs which may become necessary to any part of the construction work performed in connection with the Public Improvements, arising from defective workmanship or materials used therein, for a full period of two years from the date of final acceptance of the Public Improvements constructed under any such contract(s). 13.4 Inspections, Acceptance of Public Infrastructure, and Developer's Remedy. The City shall inspect, as required by City Regulations, the construction of all Authorized Improvements, and any Public Infrastructure necessary to support the proposed development within the Property, including water, sanitary sewer, drainage, streets, park facilities, electrical, and street lights and signs. The City's inspections shall not release the Developer from its responsibility to construct, or ensure the construction of, adequate Authorized Improvements and Public Infrastructure in accordance with approved engineering plans, construction plans, and other approved plans related to development of the Property. Notwithstanding any provision of this Agreement, it shall not be a breach or violation of the Agreement if the City withholds City utility services as to any portion of the Development until all required Public Infrastructure necessary to such portion is properly constructed according to the approved engineering plans and City Regulations, and until such Public Infrastructure has been dedicated to and accepted by the City. From and after the inspection and acceptance by the City of the Public Infrastructure and any other dedications required under this Agreement, such improvements and dedications shall be owned by the City. Developer's sole remedy for nonperformance of this Agreement by the City shall be to seek specific performance and cost reimbursements pursuant to the tenns of this Agreement. 13.5 Approval of Plats/Plans. Approval by the City, the City's Engineer or other City employee or representative, of any plans, designs or specifications submitted by Developer pursuant to this Agreement or pursuant to City Regulations shall not constitute or be deemed to be a release of the responsibility and liability of Developer, his engineer, employees, officers or agents SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE28 for the accuracy and competency of their design and specifications. Further, any such approvals shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by Developer or Developer's engineer, or engineer's officers, agents, servants or employees, it being the intent of the parties that approval by the City's engineer signifies the City's approval on only the general design concept of the improvements to be constructed. 13.6 Insurance. Developer or its contractor(s) shall acquire and maintain, during the period of time when any of the Public Infrastructure is under construction ( and until the full and final completion of the Public Infrastructure and acceptance thereof by the City: (a) workers compensation insurance in the amount required by law; and (b) commercial general liability insurance including personal injury liability, premises operations liability, and contractual liability, covering, but not limited to, the liability assumed under any indemnification provisions of this Agreement, with limits of liability for bodily injury, death and property damage of not less than $1,000,000.00. Such insurance shall also cover any and all claims which might arise out of the Public Infrastructure construction contracts, whether by Developer, a contractor, subcontractor, material man, or otherwise. Coverage must be on a "per occurrence" basis. All such insurance shall: (i) be issued by a carrier which is rated "A-1" or better by A.M. Best's Key Rating Guide and licensed to do business in the State of Texas; and (ii) name the City as an additional insured and contain a waiver of subrogation endorsement in favor of the City. Upon the execution of Public Infrastructure construction contracts, Developer shall provide to the City certificates of insurance evidencing such insurance coverage together with the declaration of such policies, along with the endorsement naming the City as an additional insured. Each such policy shall provide that, at least 30 days prior to the cancellation, non-renewal or modification of the same, the City shall receive written notice of such cancellation, non-renewal or modification. 13.7 INDEMNIFICATION and HOLD HARMLESS. THE DEVELOPER, INCLUDING ITS RESPECTIVE SUCCESSORS AND ASSIGNS, HEREBY COVENANT AND AGREE TO RELEASE, DEFEND, HOLD HARMLESS, AND INDEMNIFY THE CITY AND ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ALL THIRD-PARTY CLAIMS, SUITS, JUDGMENTS, DAMAGES, AND DEMANDS (TOGETHER, "CLAIMS") AGAINST THE CITY, WHETHER REAL OR ASSERTED INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEY'S FEES, RELATED EXPENSES, EXPERT WITNESS FEES, CONSULTANT FEES, AND OTHER COSTS, ARISING OUT OF THE NEGLIGENCE OF THE DEVELOPER, INCLUDING THE NEGLIGENCE OF ITS RESPECTIVE EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN, AND AGENTS, IN CONNECTION WITH THE DESIGN OR CONSTRUCTION OF ANY PUBLIC INFRASTRUCTURE, STRUCTURES, OR OTHER FACILITIES OR IMPROVEMENTS THAT ARE REQUIRED OR PERMITTED UNDER THIS AGREEMENT AND/OR CITY REGULATIONS AND/OR ANY APPLICABLE DEVELOPMENT STANDARDS AND/OR ANY OTHER GOVERNING REGULATIONS; AND IT IS EXPRESSLY UNDERSTOOD THAT SUCH CLAIMS SHALL, EXCEPT AS MODIFIED BELOW, INCLUDE CLAIMS EVEN IF CAUSED BY THE CITY'S OWN CONCURRENT NEGLIGENCE SUBJECT TO THE TERMS OF THIS SECTION. THE DEVELOPER SHALL NOT, HOWEVER, BE REQUIRED TO INDEMNIFY THE CITY AGAINST CLAIMS CAUSED BY THE CITY'S SOLE NEGLIGENCE. IF THE CITY INCURS CLAIMS THAT ARE CAUSED BY THE CONCURRENT NEGLIGENCE OF THE SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE29 DEVELOPER AND THE CITY, THE DEVELOPER'S INDEMNITY OBLIGATION WILL BE LIMITED TO A FRACTION OF THE TOTAL CLAIMS EQUIVALENT TO THE DEVELOPER'S OWN PERCENTAGE OF RESPONSIBILITY. THE DEVELOPER, INCLUDING ITS RESPECTIVE SUCCESSORS AND ASSIGNS, FURTHER COVENANTS AND AGREES TO RELEASE, DEFEND, HOLD HARMLESS, AND INDEMNIFY, THE CITY AGAINST ANY AND ALL CLAIMS BY ANY PERSON CLAIMING AN OWNERSHIP INTEREST IN THE PROPERTY WHO HAS NOT SIGNED THIS AGREEMENT IF SUCH CLAIMS RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH: (1) THE CITY'S RELIANCE UPON THE DEVELOPER'S REPRESENTATIONS IN THIS AGREEMENT; (2) THIS AGREEMENT OR OWNERSHIP OF THE PROPERTY; OR (3) THE CITY'S APPROVAL OF ANY TYPE OF DEVELOPMENT APPLICATION OR SUBMISSION WITH RESPECT TO THE PROPERTY. At no time shall the City have any control over or charge of the Developer's design, construction or installation of any of the Public Infrastructure that is the subject of this Agreement, nor the means, methods, techniques, sequences or procedures utilized for said design, construction or installation. This Agreement does not create a joint enterprise or venture between the City and Developer. 13.8 Eminent Domain. Developer agrees to use reasonable efforts to obtain all third- party rights-of-way, consents, or easements, if any, required for the Public Infrastructure. If, however, Developer is unable to obtain such third-party rights-of-way, consents, or easements within ninety (90) days of commencing efforts to obtain the needed easements and right of way, the City agrees to take reasonable steps to secure same (subject to City Council authorization after a finding of public necessity) through the use of the City's power of eminent domain. Developer shall be responsible for funding all reasonable and necessary legal proceeding/litigation costs, attorney's fees and related expenses, and appraiser and expert witness fees (collectively, "Eminent Domain Fees") paid or incurred by the City in the exercise of its eminent domain powers that for any reason are not funded by the proceeds of the PID Bonds or TIRZ Increment and shall escrow with a mutually agreed upon escrow agent the City's reasonably estimated Eminent Domain Fees both in advance of the initiations of each eminent domain proceeding and as funds are needed by the City. Provided that the escrow fund remains appropriately funded in accordance with this Agreement, the City will use all reasonable efforts to expedite such condemnation procedures so that the Public Infrastructure can be constructed as soon as reasonably practicable. If the City's Eminent Domain Fees exceed the amount of funds escrowed in accordance with this paragraph, Developer shall deposit additional funds as requested by the City into the escrow account within ten (10) days after written notice from the City. Any unused escrow funds will be refunded to Developer with thirty (30) days after any condemnation award or settlement becomes final and non-appealable. Nothing in this subsection is intended to constitute a delegation of the police powers or governmental authority of the City, and the City reserves the right, at all times, to control its proceedings in eminent domain. 13.9 Payee Information. With respect to any and every type of payment/remittance due to be paid at any time by the City to the Developer under this Agreement, the name of the payee for such payment shall be MM Anna 325, LLC, and the payment/remittance shall be sent or delivered to the following address: MM Anna 325, LLC 1800 Valley View Lane SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE30 Suite 300 Farmers Branch, Texas 75234 Developer may change the name of the payee and/or address set forth above by delivering written notice to the City designating a new payee and/or address. ARTICLE XIV ADDITIONAL PROVISIONS 14.1 Recitals. The recitals contained in this Agreement: ( a) are true and correct as of the Effective Date; (b) form the basis upon which the Parties negotiated and entered into this Agreement; and ( c) reflect the final intent of the Parties with regard to the subject matter of this Agreement. In the event it becomes necessary to interpret any provision of this Agreement, the intent of the Parties, as evidenced by the recitals, shall be taken into consideration and, to the maximum extent possible, given full effect. The Parties have relied upon the recitals as part of the consideration for entering into this Agreement and, but for the intent of the Parties reflected by the recitals, would not have entered into this Agreement. 14.2 Notices. Any notice, submittal, payment or instrument required or permitted by this Agreement to be given or delivered to any party shall be deemed to have been received when personally delivered or 72 hours following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows: To the City: With a copy to: And to: To the Developer: With a copy to: City of Anna, Texas Attn: City Manager 111 N. Powell Parkway Anna, Texas 75409 Wolfe, Tidwell & McCoy, LLP Attn: Clark McCoy 2591 Dallas Parkway, Suite 300 Frisco, Texas 75034 McCall, Parkhurst & Horton L.L.P. Attn: Rodolfo Segura Jr 717 North Harwood, Suite 900 Dallas, TX 75201 MM Anna 325, LLC Attn: Mehrdad Moayedi 1800 Valley View Lane, Suite 300 Fanners Branch, Texas 75234 Miklos Cinclair, PLLC Attn: Robert Miklos 1800 Valley View Lane, Suite 360 Faimers Branch, Texas 75234 SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE31 To the In-City Property Owner: And to: BFB ANA 40 Acres, LLC Attn: Brooks F. Bock 1701 Directors Boulevard Austin, Texas 78744 Brooks@strategacapital.com Centurion American Attn: Trevor Kollinger 1800 Valley View Lane, Suite 300 Farmers Branch, Texas 75234 Any Party may change its address or addresses for delivery of notice by delivering written notice of such change of address to the other Party. 14.3 Interpretation. The Parties acknowledge that each has been actively involved in negotiating this Agreement. Accordingly, the rule of construction that any ambiguities are to be resolved against the drafting Party will not apply to interpreting this Agreement. In the event of any dispute over the meaning or application of any provision of this Agreement, the provision will be interpreted fairly and reasonably and neither more strongly for nor against any Party, regardless of which Party originally drafted the provision. 14.4 Time. In this Agreement, time is of the essence and compliance with the times for performance herein is required. 14.5 Authority and Enforceability. The City represents and warrants that this Agreement has been approved by official action by the City Council of the City in accordance with all applicable public notice requirements (including, but not limited to, notices required by the Texas Open Meetings Act, as such act was in effect on the date of such official action) and that the individual executing this Agreement on behalf of the City has been duly authorized to do so. The Developer represents and warrants that this Agreement has been approved by appropriate action of the Developer, and that each individual executing this Agreement on behalf of the Developer has been duly authorized to do so. Each Party respectively acknowledges and agrees that this Agreement is binding upon such Party and is enforceable against such Party, in accordance with its terms and conditions and to the extent provided by law. 14.6 Severability. This Agreement shall not be modified or amended except in writing signed by the Parties. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable for any reason, then: (a) such unenforceable provision shall be deleted from this Agreement; (b) the unenforceable provision shall, to the extent possible and upon mutual agreement of the parties, be rewritten to be enforceable and to give effect to the intent of the Parties; and (c) the remainder of this Agreement shall remain in full force and effect and shall be interpreted to give effect to the intent of the Parties. 14. 7 Applicable Law; Venue. This Agreement is entered into pursuant to, and is to be construed and enforced in accordance with, the laws of the State of Texas, and all obligations of SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE32 the Parties are performable in Collin County. Exclusive venue for any action related to, arising out of, or brought in connection with this Agreement shall be in the Collin County District Court. 14.8 Non Waiver. Any failure by a Party to insist upon strict performance by the other Party of any material provision of this Agreement shall not be deemed a waiver thereof, and the Party shall have the right at any time thereafter to insist upon strict performance of any and all provisions of this Agreement. No provision of this Agreement may be waived except by writing signed by the Party waiving such provision. Any waiver shall be limited to the specific purposes for which it is given. No waiver by any Party of any tenn or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. 14.9 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 14.10 Exhibits. The following exhibits are attached to this Agreement and are incorporated herein for all purposes: Exhibit A-1 Exhibit A-2 Exhibit A-3 Exhibit B Exhibit C Exhibit C-1 Exhibit C-2 Exhibit D Exhibit E-1 Exhibit E-2 Exhibit E-3 Exhibit F Exhibit G Exhibit H Metes and Bounds Description and Depiction of the Property Metes and Bounds Description and Depiction of the In-City Property Metes and Bounds Description and Depiction of the PID Property Authorized Improvements with their Budgeted Costs Concept Plan Amenity Center Concept Plan Neighborhood Trail Plan Development Standards Roadway Improvements Hurricane Creek Regional Trunk Sewer Improvements Waterline Improvements Home Buyer Disclosure Program Landowner Agreement City PID Bond financing and TIRZ Contribution Analysis -draft for illustration purposes only 14.11 Force Majeure. Each Party shall use good faith, due diligence and reasonable care in the performance of its respective obligations under this Agreement, and time shall be of the essence in such performance; however, in the event a Party is unable, due to force majeure, to perform its obligations under this Agreement, then the obligations affected by the force majeure shall be temporarily suspended. Within ten (10) business days after the occurrence of a force majeure, the Party claiming the right to temporarily suspend its performance, shall give Notice to all the Parties, including a detailed explanation of the force majeure and a description of the action that will be taken to remedy the force majeure and resume full performance at the earliest possible time. The term "force majeure" shall include events or circumstances that are not within the reasonable control of the Party whose performance is suspended and that could not have been avoided by such Party with the good faith exercise of good faith, due diligence and reasonable care. SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE33 14.12 Complete Agreement. This Agreement embodies the entire Agreement between the Parties and cannot be varied or terminated except as set forth in this Agreement, or by written agreement of the City and Developer expressly amending the terms of this Agreement. 14.13 Consideration. This Agreement is executed by the Parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is hereby acknowledged. [SIGNATURES PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE34 EXECUTED BY THE PARTIES TO BE EFFECTIVE ON THE EFFECTIVE DATE: OVED AS TO FORM l«_~ Name: Clark McCoy Title: City Attorney ST A TE OF TEXAS COUNTY OF COLLIN § § § CITY OF ANN~,/) By: w-:a Name: Nate Pike Title: Mr;_/ Date: Li 6W80 I/ h 2ozb This instrument was acknowledged before me on the q+ day of ~ , ¢ by Nate Pike, Mayor of the City of Anna , Texas ~=:s•i; J:,,£ Notary Public, State of'Texas < 1:1.~••"""•• "· CARRIE L. SMITH (, 'i'.: ~ ,* •j My Notary ID# 11419404 .,,_-;,, .:~ ·•1Mt•••---f<.~•·· c-rres February4, 2023 ,,,,,Yf!,,,,, "-"t" Name printed or typed Commission Expires: J /4 /~3 SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE 35 DEVELOPER: ST A TE OF TEXAS § § COUNTY OF DALLAS § MM Anna 325, LLC, a Texas limited liability company By: MMM Ventures, LLC, a Texas limited liability company Its Manager By: 2M Ventures, LLC, a Delaware limited liability company Its Manager By : Name: Its: Mehrdad Moayed1 Manager ~ This instrument was acknowledged before me on the~ day of June, 2020 by Mehrdad Moayedi, Manager of 2M Ventures, LLC, as Manager of MMM Ventures, LLC, as Manager of MM Anna 325, LLC, a Texas limited liability company on behalf of said company. ~t~~r,~, SHAR ON JARRELLS lf(~_·M Notary Public , State of Texas ~-.. -~i Comm . E>IJ)tres 08-23-2022 ;ff,Rr11,''' Notary ID 131696192 SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE 36 IN-CITY PROPERTY OWNER: BFB Ana 40 Acres, LLC a Texas limited liability company By: BFB Ana Holdings, LLC a Texas limited liability company Its Manager By: The Brooks F. Bock Living Trust Its Manager By:B~~ STATE OF TEXAS § § § Name : Brooks F. Bock Its: Trustee This instrument was acknowledged before me on ~ v-<-C,-2020, by Brooks F. Bock, Trustee of the Brooks F. Bock Living Trust, as Manager of BFB Ana Holdings, LLC, a Texas limited liability company, as Manager of BFB Ana 40 Acres, LLC, a Texas limited liability company, on behalf of said company. \\\111 11 1 ..:-i1>-~.~f.ui'-:-TREVOR KOLLIN GER {f~)~} Notary P~blic , St at e of Te x as ~-,.,,:-.... ··+""~ Comm . Ex pi res 01-05-2021 ,,.,, ~OF -{<-,, ''"11 11 11'' Noia ry I D 13 09 50 3 27 Notary Public, State of Texas SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGEi Exhibit A-1 METES AND BOUNDS DESCRIPTION AND DEPICTION OF THE PROPERTY EXHIBIT A-3: "PID PROPERTY" 290.877 ACRES BEING THAT CERTAIN TRACT OF LAND SITUATED IN THE Z. ROBERTS SURVEY, ABSTRACT NUMBER 760, THE J. BOYLE SURVEY, ABSTRACT NUMBER 105, THE J.M. KINCADE SURVEY, ABSTRACT NUMBER 509, THE J. ELLET SURVEY, ABSTRACT NUMBER 296, AND THEW. RATTAN SURVEY, ABSTRACT NUMBER 752 COLLIN COUNTY, TEXAS, BEING ALL OF THAT LAND DESCRIBED BY DEED TO MM ANNA 325, LLC, (TRACT 1) RECORDED IN INSTRUMENT NUMBER 20190411000386110, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY NORTHEAST CORNER OF SAID TRACT 1; THENCE S 01°39'27"E, 46.23 FEET; THENCE S 00°07'45"W, 239.62 FEET; THENCE S 00°02'54"E, 240.98 FEET; THENCE S 00°16'10"W, 240.11 FEET; THENCE S 00°05'15"W, 193.73 FEET; THENCE S 00°09'49"W, 159.37 FEET; THENCE S 03°07'30"W, 136.17 FEET; THENCE S 00°10'28"W, 117.40 FEET; THENCE S 89°51'18"E, 18.32 FEET; THENCE N 55°45'18"E, 13.27 FEET; THENCE N 29°20'54"E, 61.95 FEET; THENCE N 82°59'12"E, 29.11 FEET; THENCE S 76°48'02"E, 38.97 FEET; THENCE N 81 °3 l '02"E, 42.52 FEET; THENCE N 64°56'10"E, 12.15 FEET; THENCE S 30°32'08"E, 25.22 FEET; THENCE S 00°14'15"W, 13.28 FEET; THENCE S 32°18'58"E, 21.36 FEET; THENCE S 78°07'20"E, 14.66 FEET; THENCE N 10°26'29"E, 17.31 FEET; THENCE N 53°35'10"E, 21.88 FEET; THENCE N 78°49'58"E, 15.44 FEET; THENCE S 57°06'59"E, 24.14 FEET; THENCE S 41°22'42"E, 62.38 FEET; THENCE S 01°13'29"E, 28.82 FEET; THENCE S 00°45'46"W, 119.18 FEET; THENCE S 88°56'22"E, 602.59 FEET, TO THE NORTHEAST CORNER OF SAID MILLER AND PAYNE TRACT RECORDED IN INSTRUMENT NUMBER 20110401000341650 AND BEING THE NORTHWEST CORNER OF AFOREMENTIONED MILLER TRACT RECORDED IN VOLUME 2667, PAGE 671; THENCE N 89°49'51 "E, 933.16 FEET; THENCE N 89°46'06"E, 488.86 FEET, PASSING THE NORTHEAST CORNER OF SAID MILLER TRACT AND BEING THE NORTHWEST CORNER OF AFOREMENTIONED MILLER TRACT RECORDED IN VOLUME 1068, PAGE 507; THENCE S 03°23'35"E, 989.07 FEET, TO THE BEGINNING OF A CURVE TO THE RIGHT; THENCE WITH SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF 277.01 FEET, THROUGH A CENTRAL ANGLE OF 38°31 '54", HAVING A RADIUS OF 411.91 FEET, THE LONG CHORD WHICH BEARS S 15°52'22"W, 271.82 FEET; THENCE S 35°08'19"W, 286.03 FEET; THENCE S 06°06'41 "W, 811.64 FEET; THENCE S 89°56' IO"W, 1154.19 FEET; THENCE N 00°10'56"E, 232.21 FEET; THENCE S 89°09'27"W, 794.06 FEET; THENCE S 89°39'13"W, 1753.66 FEET; THENCE S 89°55'39"W, 746.70 FEET; THENCE S 89°51'39"W, 315.81 FEET; THENCE S 89°09'41 "W, 111.58 FEET; THENCE N 20°10'35"E, 140.94 FEET; THENCE N 55°00'59"E, 55.72 FEET; THENCE N 65°08'55"E, 164.54 FEET; THENCE N 24°07'01 "E, 75.15 FEET; THENCE N 08°28'12"E, 68.74 FEET; THENCE N 18°33'24"E, 30.27 FEET; THENCE N 39°07'19"E, 204.32 FEET; THENCE N 15°58'26"E, 96.33 FEET; THENCE N 51°42'39"E, 216.49 FEET; THENCE N 10°14'20"E, 39.18 FEET; THENCE N 16°20'38"W, 43.77 FEET; THENCE N 25°38'17"W, 56.21 FEET; THENCE N 30°23'51 "W, 42.71 FEET; THENCE N 30°57'56"W, 141.18 FEET; THENCE N 22°04'56"W, 112.22 FEET; THENCE N 08°32'18"W, 237.53 FEET; THENCE N 21°21'56"W, 73.37 FEET; THENCE N 12°45'32"W, 39.65 FEET; THENCE N 04 °05'5 l "E, 114.57 FEET; THENCE N 05°37'47"E, 102.03 FEET; THENCE N 20°12'50"E, 61.91 FEET; THENCE N 15°56'54"E, 37.72 FEET; THENCE N 10°49'32"E, 87.03 FEET; THENCE N 23°29'01 "E, 238.46 FEET; THENCE N 60°08'36"E, 217.24 FEET; -i Cl] cl fT1 r (/J 21 3 ;;o (1l ca z 0 N 0 io cl (1l 0 0 ::, r 0 ::, 0. [/) Q. 2: 0 ::, If) DOMO Ptttfr Vol. ci~~'.c~JT 0 5535 Vk>lo lord1meer, L,P. Vol. r:~:c~l.T.6000 N89°54'11"E 938.53' Point of Beginning L56 L55 l l/ SOOo07'45"W 239.62' Doeoro, LLC Inst.• 20150123000077670 O,P,R,C,C,T, N60"08'36"E L44 217.24' _________ N2~~~~irE Horrl1on and Janet Smith l42 l43 O.P,R,C,C,T. ---~L~40 l41 ____ _ tamberty Powel Vol. 8820, Pg, 2130 O,P,R,C.C, T, L39 290.877 Acres 12,670,595 Sq. Fl. TRACT 1 SO~~r::,"E soo•ts•10"w 240.11' S00'05'15"W 193.73' L22 MM ANNA 325, LLC INST.• 20190411000386110 O.P.R.C.C.T. S89"09'27"W 794.06' S89"55'39"W 746,70' S89°39'13"W 1753.66' CADG Hurrk:one Crttk, LLC n,t.• 2ot5D6290000651020 O.P.R.C.C.T. "This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared." NO. L1 L2 L3 L4 LS L7 LB L9 L10 L11 L12 L13 L14 L15 L16 L17 L18 L19 L20 L21 L22 L23 L24 L25 L26 L27 L28 L29 LJO l31 l32 L33 L34 L35 N00°10'56''E 232.21' BEARING S 0\0 39' 27" E S 00° 09' 49" W S 03° 07' JO" W S 00° 10' 28" W S 89° 51' 18" E N 55° 45' 18" E N 29" 20' 54" E N 82" 59' 12" E S 76" 48' 02" E N 81° 31' 02" E N 64° 56' 10" E S 30° 32' 08" E s oo• 14' 15" w S 32° 18' 58" E S 78° 07' 20" E N 10° 26' 29" E N 53° 35' 10" E N 78° 49' 58" E S 57' 06' 59" E S 41° 22' 42'' E S 01° 13' 29" E S 89° 09' 41" W N 55' 00' 59" E f~ 65" 08' 55" E N 24° 07' 01" E N 05• 28' 12° E N 18° 33' 24" E N 39° 07' 19" E N 15° 58' 26" E N 10° 14' 20" E N 16° 20' 38" W N 25' 38' 17" W N 30° 23' 51'' W N 30° 57' 56" W S89°56'to"W DISTANCE NO. 46.23' L36 159.37' L37 136.17' LJB 117.40' L39 18.32' L40 13.27' L41 61.95' L42 29.11' L43 38.97' L44 42.52' L45 12.15' L46 25.22' L47 13.28' L48 21.36' L49 14.66' LSD 17.31' L51 21.88' L52 15.44' L53 24.14' L54 62.38' L55 28.82' L56 111.58' 55.72' 164.54' 75.15' 68.74' 30.27' 204.32' 96.33' 39.18' 43.77' 56.21' 42.71' 141.18' N89°46'06"E 48886' 1154.19' BEARING N 22° 04' 56" W N 21° 21' 56" W N 12° 45' 32" W N 04° 05' 51" E N 05° 37' 4T' E N 20° 12' 50" E N 15° 56' 54" E N 10° 49' 32" E N 40° 36' 12" E N 22° 54' 02" E N 54° 18' 35" E N 42° 30' 22" E N 22" 13' JO" E N 31° 23' 35" E N 24° 37' 01" E N 30° 06' 30" E N 66° 06' 02" E N 52° 19' OT' E N 18° 14' 45" E N 28° 03' 26" E N 04° 16' 56" E 0 500 1000 ~ Shel<h Mom Vol, 433&, Pg. -O,P,R,C,C,T, ti. • 38" 31' 54" R • 411.91' :...---L • 277.01' LC· S15• 52' 22"W 271.82' DISTANCE 112.22' 73.37' 39.65' 114.57' 102.0J' 61.91' 37.72' 87.03' 97.96' 117.90' 58.08' 62.53' 121.36' 106.80' 76.66' 75.08' 55.48' 141.40' 95.78' 46,51' 105.49' ::, n li!ii PELOTON EXHIBIT A-3 "PID PROPERTY" 290.877 ACRES ~ 11111 LAN• SOLUTIONS 11000 FRISCO ST. SUITE 400 FRISCO, TX 75033 469-213-1800 JOB#: CEN18001 DRAWN BY: SRAMSEY CHECKED BY: SRAMSEY DATE: 11/26/2019 PAGE#: 1 OF 1 DWG NAME J:\JOB\CEN18001-SHERLEY _325-AC\MASTER DEV\_SURVEY\EXHIBITS\CEN18001_EX4.0WG PLOT DATE• 12/2/2019 THENCE N 40°36'12"E, 97.96 FEET; THENCE N 22°54'02"E, 117.90 FEET; THENCE N 54°18'35"E, 58.08 FEET; THENCE N 42°30'22"E, 62.53 FEET; THENCE N 22°13'30"E, 121.36 FEET; THENCE N 31 °23'35"E, 106.80 FEET; THENCE N 24°37'01 "E, 76.66 FEET; THENCE N 08°41'50"W, 134.21 FEET; THENCE N 30°06'30"E, 75.08 FEET; THENCE N 66°06'02"E, 55.48 FEET; THENCE N 52°19'07"E, 141.40 FEET; THENCE N 18°14'45"E, 95.78 FEET; THENCE N 43°56'12"E, 420.59 FEET; THENCE N 28°03'26"E, 46.51 FEET; THENCE N 04°16'56"E, 105.49 FEET; THENCE N 89°36'40"E, 276.78 FEET; THENCE N 89°54'1 l "E, 938.53 FEET TO THE POINT OF BEGINNING AND CONTAINING 12,670,595 SQUARE FEET OR 290.877 ACRES OF LAND MORE OR LESS. "This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared." EXHIBIT A-2: "IN CITY PROPERTY" 31.964 ACRES BEING THAT CERTAIN TRACT OF LAND SITUATED IN THE J. ELLET SURVEY, ABSTRACT NUMBER 296, AND THEW. RATTAN SURVEY, ABSTRACT NUMBER 752 COLLIN COUNTY, TEXAS, BEING ALL OF THAT TRACT OF LAND DESCRIBED BY DEED TO BFB ANA 40 ACRES, LLC, RECORDED IN INSTRUMENT NUMBER 20190412000390800, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY SOUTHEAST CORNER OF SAID BFB ANNA 40 ACRES TRACT BEING THE SOUTHWEST CORNER OF THAT TRACT OF LAND DESCRIBED IN DEED TO AT&T CORP. RECORDED IN INSTRUMENT NUMBER 20170308000301250 OF SAID O.P.R.C.C.T. AND BEING IN THE NORTH LINE OF THAT TRACT OF LAND DESCRIBED IN DEED TO ONE ANNA TWO, LTD. RECORDED IN INSTRUMENT NUMBER 20070201000151600 OF SAID O.P.R.C.C.T. THENCE S 89°04'42"W, 832.53 FEET; THENCE N 05° 15' 18"E, 811.64 FEET; THENCE N 34°16'56"E, 286.03 FEET TO THE BEGINNING OF A CURVE TO THE LEFT; THENCE WITH SAID CURVE TO THE LEFT, AN ARC DISTANCE OF 277.01 FEET, THROUGH A CENTRAL ANGLE OF 38°31'54", HAVING A RADIUS OF 411.91 FEET, THE LONG CHORD WHICH BEARS Nl5°00'59"E, 271.82 FEET; THENCE N 04°14'58"W, 285.02 FEET; THENCE N 88°44'00"E, 810.23 FEET; THENCE S 08°01'37"E, 97.91 FEET; THENCE S 03°36'10"W, 200.49 FEET; THENCE S 07°36'25"W, 1,157.29 FEET; THENCE S 89°08'12"W, 82.86 FEET; THENCE S 10°19'04"W, 152.94 FEET TO THE POINT OF BEGINNING AND CONTAINING 1,392,344 SQUARE FEET OR 31.964 ACRES OF LAND MORE OR LESS. "This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared." iil "1l ~ .,, ~- ;:u (1) z 9 g <D t m Cll "1l (1) g: 0 :::, i;- :::i Cl. (/) 0 i: ,+ i5' :::, J/l 5" r CURVE TABLE NO. DELTA RADIUS LENGTH CHORD BEARING C1 38"31'54" 411.91' 277.01' N15"00'59"E CHORD 271.82' SHDKH M. ALAM INST.# 19990120000074010 O.P.R.C.C. T. N88'44'00"E 0 200 400 ~ GRAPHIC SCALE IN FEET 810.23' S08'01 '37"E ~---.;;;.;.,;;.;.;;;,; ____ t-:;;;;=97,91' N04'14'58"W 285.02' TRACT I MM ANNA 325, UC INST.# 20190411000386110 O.P. R. C. C. T. ,-,- tO .w tO ,- io i- ll) 0 z I Approximate Survey Line BFB ANA 40 ACRES, LLC INST.# 20190412000390800 O.P.R.C.C. T. 31.964 ACRES 1,392,344 SQUARE FEET S10'19'04"W 152.94' S89'04' 42"W 832.53' POINT OF BEGINNING ONE ANNA TWO, LTD. INST.# 20070207000751600 O.P. R. C. C. T. O> C'\j " Ii) ,-. ... : 3: • Ii) .C"I (0 !') " 0 (/) S03'36'1 0"W 200.49' h' ~ II: I .... It;) "t t-..::,... :,..,i ~i rs i!. ~ i1s ii? l:Ji~ !::5j ~ i ~ ,:! AT&T CORP. INST.# 20060912001318850 O.P.R.C.C. T. "This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared," EXHIBIT A-2 "IN CITY PROPERTY" 31.964 ACRES ii!ll PELOTON ~ 11111 LA tU SOLUTIONS 11000 FRISCO ST. SUITE 400 FRISCO, TX 75033 469-213-1800 JOB#: CEN18001 DRAWN BY: MYOST CHECKED BY: SRAMSEY DATE: 6/08/2020 PAGE#: 1 OF 1 DWG NAME J: JOB\CEN18001_SHERLEY_325_AC\MASTER DEV _SURVEY\EXHIBITS CEN18001_EX5.DWG PLOT DATE: 6/8 2020 Exhibit A-2 METES AND BOUNDS DESCRIPTION AND DEPICTION OF THE IN-CITY PROPERTY EXHIBIT A-2: "IN CITY PROPERTY" 31.964 ACRES BEING THAT CERTAIN TRACT OF LAND SITUATED IN THE J. ELLET SURVEY, ABSTRACT NUMBER 296, AND THEW. RATTAN SURVEY, ABSTRACT NUMBER 752 COLLIN COUNTY, TEXAS, BEING ALL OF THAT TRACT OF LAND DESCRIBED BY DEED TO BFB ANA 40 ACRES, LLC, RECORDED IN INSTRUMENT NUMBER 20190412000390800, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY SOUTHEAST CORNER OF SAID BFB ANNA 40 ACRES TRACT BEING THE SOUTHWEST CORNER OF THAT TRACT OF LAND DESCRIBED IN DEED TO AT&T CORP. RECORDED IN INSTRUMENT NUMBER 20170308000301250 OF SAID O.P.R.C.C.T. AND BEING IN THE NORTH LINE OF THAT TRACT OF LAND DESCRIBED IN DEED TO ONE ANNA TWO, LTD. RECORDED IN INSTRUMENT NUMBER 20070201000151600 OF SAID O.P.R.C.C.T. THENCE S 89°04'42"W, 832.53 FEET; THENCE N 05°15'18"E, 811.64 FEET; THENCE N 34°16'56"E, 286.03 FEET TO THE BEGINNING OF A CURVE TO THE LEFT; THENCE WITH SAID CURVE TO THE LEFT, AN ARC DISTANCE OF 277.01 FEET, THROUGH A CENTRAL ANGLE OF 38°31'54", HAVING A RADIUS OF 411.91 FEET, THE LONG CHORD WHICH BEARS Nl5°00'59"E, 271.82 FEET; THENCE N 04°14'58"W, 285.02 FEET; THENCE N 88°44'00"E, 810.23 FEET; THENCE S 08°01 '37"E, 97.91 FEET; THENCE S 03°36'10"W, 200.49 FEET; THENCE S 07°36'25"W, 1,157.29 FEET; THENCE S 89°08'12"W, 82.86 FEET; THENCE S 10°19'04"W, 152.94 FEET TO THE POINT OF BEGINNING AND CONTAINING 1,392,344 SQUARE FEET OR 31.964 ACRES OF LAND MORE OR LESS. "This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared." ;o <b g <D £ 0) N 0 N 0 "U <b ~ 0 ::, i;- ::, 0. (/) 0 ~ 5' ::, !fl 5" fl CURVE TABLE NO. DELTA RADIUS LENGTH CHORD BEARING C1 38"31'54" 411.91' 277.01' N15"00'59"E CHORD 271.82' SHEIKH M. ALAM INST.# 19990120000074010 O.P.R.C.C. T. N88'44'00"E 0 200 400 ~ GRAPHIC SCALE IN FEET 810.23' S08'01'37"E <t----.;;;.;.,;;.;,;;.; ____ t;,=97.91' N04'14'58"W 285.02' TRACT I MM ANNA 325, LLC INST.# 20190411000386110 O.P. R. C. C. T. ... «) .w co ... io r 2 z I Approximote Survey Line BFB ANA 40 ACRES, LLC INST.# 20190412000390800 O.P.R.C.C. T. 31. 964 ACRES 1,392,344 SQUARE FEET S89"08'12"W 82.86' S10"19'04"W 152.94' S89'04' 42"W 832.53' POINT OF BEGINNING ONE ANNA TWO, LTD. INST.# 20070201000151600 O.P.R.C.C. T. S03'36'1 O"W 200.49' AT&T CORP. INST.# 20060912007378850 O.P.R.C.C. T. "This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared." EXHIBIT A-2 "IN CITY PROPERTY" 31. 964 ACRES li!!l PELOTON ~ 11111 LAtU SOLUTIONS 11000 FRISCO ST. SUITE 400 FRISCO, TX 75033 469-213-1800 JOB#: CEN18001 DRAWN BY: MYOST CHECKED BY: SRAMSEY DATE: 6/08/2020 PAGE#: 1 OF 1 DWG NAME J: JOB CEN18001-SHERLEY _325_AC MASTER DEV\_SURVE EXHIBITS CEN18001_EX5.0WG PLOT DATE: 6/8 2020 Exhibit A-3 METES AND BOUNDS DESCRIPTION AND DEPICTION OF THE PID PROPERTY EXHIBIT A-3: "PID PROPERIT" 290.877 ACRES BEING THAT CERTAIN TRACT OF LAND SITUATED IN THE Z. ROBERTS SURVEY, ABSTRACT 1'..1UMBER 760, THE J. BOYLE SURVEY, ABSTRACT NlJ'MBER 105, THE J.M. KINCADE SURVE'{, ABSTRACT Nll1vffiER 509, THE J. ELLET SURVEY, ABSTRACT h"l.HvffiER 296, AND THEW. RATTAN SlJ"RVEY, ABSTRACT NU1IBER 752 COLLIN COUNTY, TEXAS, BEING ALL OF THAT LAND DESCRIBED BY DEED TO lvf?v1 ANNA 325, LLC, (TRACT 1) RECORDED IN INSTRUMENT Nl.J1,ffiER 20190411000386110, OFFICV\l. PUBUC RECORDS, COLLIN COUNTY. TEXAS. AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGTh1NING AT THE MOST NORTHERLY NORTHEAST CORNER OF SAID TRACT l: THENCE S 01 °39'27"E, 46.23 FEET; THENCE S 00°07'45''\V, 239.62 FEET; THENCE S 00°02'54''E, 240.98 FEET; THENCE S 00°16'10"\V, 240.11 FEET; THENCE S 00°05'15"\V. 193.73 FEET; THENCE S 00°09'49"\V, 159.37 FEET; THENCE s 03°07'30''\V. 136.17 FEET; THENCE S 00°10'28"\V, 117.40 FEET; THENCE S 89°51'18"E, 18.32 FEET; THENCE N 55°45'18"E, 13.27 FEET; THENCE N 29°20'54"E. 61.95 FEET; THENCE N 82°59'12"E, 29.11 FEET; THENCE S 76°48'02"E. 38.97 FEET; THENCE N 81°31'02''E. 42.52 FEET: THENCE N 64°56'10"E. 12.15 FEET; THENCE S 30°32'08"E, 25.22 FEET; THENCE S 00°14'15"\V. 13.28 FEET: THENCE S 32°18'58"E. 21.36 FEET: THENCE S 78°07'20"E, 14.66 FEET; THENCE N 10°26'29"E, 17.31 FEET; THENCE N 53°35'10"E, 21.88 FEET; THENCE N 78''49'58"E, 15.44 FEET; THENCE S 57°06'59"E. 24.14 FEET; THENCE S 41 °22'42"E, 62.38 FEET; THENCE S 01°13'29"E, 28.82 FEET; THENCE S 00°45'46"W. 119.18 FEET; THENCE S 88°56'22"E 602.59 FEET. TO THE NORTHEAST CORNER OF SAID lvfil.LER AND PAYNE TRACT RECORDED IN INSTRUMENT NUlvIBER 20110401000341650 AND BEING THE NORTH\VEST CORNER OF AFOREMENTIONED 1vfil.LER TRACT RECORDED IN VOLUME 2667. PAGE 671; THENCE N 89°49'51"E, 933.16 FEET: THENCE N 89°46'06"E. 488.86 FEET. PASSING THE NORTHEAST CORNER OF SAID MILLER TRACT AND BEING THE NORTH\VEST CORNER OF AFOREl\,lENTIOl\"ED 1ULLER TRACT RECORDED IN VOLUME 1068. PAGE 507; THENCE S 03°23'35"£. 989.07 FEET. TO THE BEGINNING OF A CURVE TO THE RIGHT; THENCE WITH SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF 277.01 FEET, THROUGH ACE1''TRAL A..'N'GLE OF 38°31'54", HAVING A RADIUS OF 411.91 FEET. THE LONG CHORD WHICH BEARS S 15°'52'22"\V, 271.82 FEET; THENCE S 35°08'19"\V. 286.03 FEET: THENCE S 06°06'41 "W, 811.64 FEET; THENCE S 89°56'10"\V. 1154.19 FEET: THENCE N 00°10'56"E, 232.21 FEET; THENCE S 89°09'27"W. 794.06 FEET: THENCE S 89°39'13"\V. 1753.66 FEET; THENCE S 89°55'39"W. 746.70 FEET; THENCE S 89°51'39"W. 315.81 FEET: THENCE S 89°09'41 "W. 111.58 FEET; 1HENCE N 20°10'35"E, 140.94 FEET; 1HENCE N 55°00'59"E, 55.72 FEET; 1HENCE N 65°08'55"E, 164.54 FEET; 1HENCE N 24°07'01"E. 75.15 FEET; 1HENCE N 08°28'12"E. 68.74 FEET; 1HENCE N 18°33'24"E, 30.27 FEET; 1HENCE N 39°07'19"E, 204.32 FEET; 1HENCE N 15°58'26"E, 96.33 FEET; 1HENCE N 51°42'39"E, 216.49 FEET; 1HENCE N 10°14'20"E, 39.18 FEET: 1HENCE N 16°20'38"\V, 43.77 FEET; 1HENCE N 25°38'17"\V, 56.21 FEET; 1HENCE N 30°23'51 "W, 42. 71 FEET; 1HENCE N 30°57'56''\V. 141.18 FEET: 1HENCE N 22°04'56"\V, 112.22 FEET; 1HENCE N 08°32'18"\V, 237.53 FEET; 1HENCE N 21°21'56"\V, 73.37 FEET; 1HENCE N 12°45'32"\V, 39.65 FEET; 1HENCE N 04°05'51 "E. 114.57 FEET; 1HENCE N 05°37'47"E. 102.03 FEET; 1HENCE N 20°11'50''£, 61.91 FEET; 1HENCE N 15°56'54"E, 37.72 FEET; 1HENCE N 10°49'32"E, 87.03 FEET; 1HENCE N 23°29'01 "E, 238.46 FEET; 1HENCE N 60°08'36"E, 217.24 FEET; TIIENCE N 40°36'12"E, 97.96 FEET; TIIENCE N 22°54'02"£, 117.90 FEET; TIIENCE N 54°18'35"£. 58.08 FEET; TIIENCE N 42°30'22"E. 62.53 FEET; TIIENCE N 22°13'30"£, 121.36 FEET; TIIENCE N 31 °23'35"E. 106.80 FEET; TIIENCE N 24°37'01 "E, 76.66 FEET; TIIENCE N 08°41'50"\V, 134.21 FEET; TIIENCE N 30°06'30"E, 75.08 FEET; TIIENCE N 66°06'02"E. 55.48 FEET; TIIENCE N 52°19'07"E. 141.40 FEET; TIIENCE N 18°14'45"E. 95.78 FEET; TIIENCE N 43°56'12"E. 420.59 FEET; TIIENCE N 28°03'26"E. 46.51 FEET; TIIENCE N 04°16'56"E, 105.49 FEET; TIIENCE N 89°36'40"E, 276.78 FEET; TIIENCE N 89°54'11 "E, 938.53 FEET TO THE POINT OF BEGINNING AND CONTAINING 12,670,595 SQUARE FEET OR 290.877 ACRES OF LAND MORE OR LESS. pl = r- h ►• ~·.i.;1,; H•u .... < ,:i::s-LLC ,,.~• jll!"?'lli-"l'U)flt;:,,; :,r<~CC.T "This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared." 0 5:J:J 10CD ~ .. I' •r; ,, ' mu PELOTON EXHIF~IT A-.'i "i"::p·J L'f~DF'EFnY" 7CJo_g77 ACRES 1ii1t LAtU SOLUTIOM.I lltJ--'<Jt IL'C::·{J.; St !:.UH 4:•<J I tll!:>:.'.t.l tX l!>G~:S .(!-f;.;·1>1~;0 JOB#: CENHnJ1 DRAWN BY: SRAMSEY CHECKED BY: SRAMSEY DATE: 11l2!lt201~ PAGE#: 1 OF 1 Exhibit B AUTHORIZED IMPROVEMENTS WITH THEIR BUDGETED COSTS ll!ll PELOTON 1TTTi"-LAND SOLUTIONS 348 61.3 9 .0 11,250 5,920 SUMMARY TOTAL LOTS SINGLE FAMILY/TH ACRES THOROUGHFARE ACRES LOCAL LENGTH OF STREETS (FT) MINOR ARTERIAL LENGTH (FT) DESCRIPTION 1 -Earthwork 2 -Retaining Walls 3 -Water 4 -Sanitary Sewer 5 -Storm 6-Paving 7 -Street Lights & Signs 8 -Screen Walls & Entry Monument 9 -Landscaping and Irrigation 10 -Amenities 11 -District Formation TOTAL CONSTRUCTION COSTS DESCRIPTION Engineering & Surveying (12% of items 1-6 above) SWPPP (plan preparation & inspections) Preliminary Platting Fee ($325 + $5/LOT) Final Platting Fee ($325 + $5/LOT) Maintenance Bond (2% of Pvg & Util Contracts) Engineering Review Fee Inspection Fee Geotechnical Testing (10% of Earthwork) 12 -TOTAL MISC. COSTS Construction Costs Miscellaneous Costs 13 -Contingency Costs NET PROJECT COSTS By/Checked Description AM Original Estimate CAL Revised Landplan THM Revised phase 1 limits CAL Revised unit costs and inspection fees MPP Checked/revised cell formulas MPP Deleted 30" Ml sewer line OPINION OF PROBABLE COST CENTURION AMERICAN -SHERLEY TRACT, PHASE 1 City of Anna, Collin County, Texas Project Number: Prepared For: Date: File Name: Prepared by: Checked by: CONSTRUCTION COSTS Ml Costs PID Costs $132 ,960 $300 ,480 $0 $0 $390 ,689 $969 ,453 $0 $925 ,840 $668,780 $735,270 $1,558,867 $1,883,780 $177,800 $87,675 $0 $345,000 $0 $59,960 -- -- $2,929,096 $5,307,458 MISCELLANEOUS COSTS QTY UNIT AMOUNT AMOUNT 1 LS $330,156 $577 ,779 1 LS $9,000 $6,000 1 LS $2 ,065 $0 1 LS $2,065 $0 2% % $52,370 $90,290 1 LS $2 ,500 $0 4% % $117,160 $212,300 10% % $13,300 $30,050 $528,616 $916,419 SUMMARY $2,929,096 $5,307,458 $528,616 $916,419 5% $172,886 $311,194 $3,630,600 $6,535,070 Per Acre: Per Lot: Date Previous Cost DK Landplan DK Landplan DK Landplan DK Landplan DK Landplan DK Landplan 12/3/2018 $ 10,808,289 8/2/2019 $ 3,983,670 8/9/2019 $ 10/14/2019 $ 11/26/2019 $ 4/30/2020 $ 5 ,223,470 11 ,322 ,720 12,860,980 12,861,310 - - CEN18001 CENTURION AMERICAN April 30, 2020 SHERLEY -PHASE 1 THM CAL Private Costs $558,035 $339,330 $0 $0 $0 $0 $0 $0 $0 $897,365 AMOUNT $66,964 $6,000 $0 $0 $0 $0 $35 ,890 $55,800 $164,654 $897,365 $164,654 $53,101 $1,115,120 Total Costs $991,475 $339,330 $1,360,142 $925,840 $1,404,050 $3,442,647 $265,475 $345,000 $59 ,960 $0 $0 $9,133,919 TOTAL $974,898 $21,000 $2,065 $2,065 $142,660 $2,500 $365 ,350 $99,150 $1,609,688 $9,133,919 $1,609,688 $537,180 $11,280,790 $184,026 $32,416 J :\Job\CEN 18001 _ Sherley _325_Ac\Master Dev\_Entitlements\Development Agreement\20200430 REVISION\2020- 0430 _ SHERLEY _PHASE_ 1_OPC.xlsx 1 of 7 GENERAL NOTES (PAGE 1) 1 ) This estimate is based on the land plan prepared by Peloton Land Solutions dated 7/18/19. Actual quantities will be determined at the conclusion of the final construction plans. 2 ) Earthwork quantities do not include costs for rock excavation. 2' of cut across the entire site was used for the purposes of determining earthwork. A preliminary geotechnical was not cross referenced for this task 3 ) Sidewalks adjacent to residential lots are excluded from the cost estimate. Sidewalks are assumed to be constructed by the home builder, except to where adjacent to park detention or open space. ADA ramps are required to be built by the developer and are included in this estimate. 4 ) All fees need to be verified by the City of Anna. 5 ) Impact fees and Park fees are not included in this estimate. 6 ) Franchise costs are not included in this estimate. 7 ) This estimate does not include costs for tree mitigation. 8 ) Costs for exposed beams have been excluded from this estimate. 9 ) The lot grading assumptions are as follows: The use of a maximum 1' exposed beam, a maximum backyard slope of 10:1, 1% minimum grade, and a 3:1 maximum slope of side yards. 10 ) This estimate does not include moisture conditioning. Should it be necessary, the actual cost would be dependent on the final geotechnical report. No street moisture conditioning was included in this estimate. 11 ) Cost estimate does not include costs for detention. A preliminary downstream analysis has not been conducted. This cost estimate assumes Oncor will allow for utility crossings within their easement 12 ) This cost estimate assumes for the 12" offsite waterline to be looped into an existing waterlines at the north ends of Standridge Blvd. and Shadybrook Trail, as constructed with Villages of Hurricane Creek, Phase 1 13 ) Costs shown herein exclude interest, legal fees, other services provided by others, off-site sanitary sewer pro-rata, off- site water line improvements, telephone service, off-site easement preparation & procurement, impact fees, or other costs not specifically addressed, rock excavation, jurisdictional determination and permit processing, and brick pavers. Engineering costs do not include cost for staking retaining walls. 14 ) Since the design professional has no control over the cost of labor, materials, or equipment, or over the contractor's method of determining prices, or over competitive bidding or market conditions, his opinions of probable development cost provided for herein are to be made on the basis of his experience and qualifications. These opinions represent his best judgment as a design professional familiar with the construction industry. However, the design professional cannot and does not guarantee that proposals, bids, or the development cost will not vary from opinions of probable cost prepared by him. If the owner wishes greater assurance as to the development cost, he shall employ an independent cost estimator. 15 ) This estimate has been modified to reflect City of Anna being responsible for constructing the Hurricane Creek sanitary sewer lines (Projects D & E) as shown on the Conceptual Alignment Exhibit dated May 2018. No costs for this construction are contained within this estimate. J :\Job\CEN 18001 _Sherley_ 325 _Ac\Master Dev\_Entitlements\Development Agreement\20200430 REVIS ION\2020- 0430 _ SHERLEY _PHASE_ 1 _ OPC.xlsx 2 of 7 Ml COSTS OFFSITE EXCAVATION (STANDRIDGE PKWY., E-W COLLECTOR AND SHADYBROOK TRAIL) Description QTY UNIT UNIT PRICE Clear, Strip & Grub 9.00 AC 2,500.00 Excavation (2 foot Cut) 35,080 CY 2.50 Silt Fence 11,840 LF 1.50 Removal & Disoosal of Unsuitable Materials 1 LS 5,000.00 TOTAL EXCAVATION OFFSITE WATER (STANDRIDGE PKWY., E-W COLLECTOR AND SHADYBROOK TRAIL) Description QTY UNIT UNIT PRICE 12" PVC Water Line (STANDRIDGE BLVD, E-W COLLECTOR) 3,790 LF 45.00 8" PVC Water Line (SHADYBROOK TRAIL) 2,680 LF 24.00 12" Gate Valve & Box 18 EA 2,400.00 8" Gate Valve & Box 9 EA 1,400.00 Fire Hydrant Assembly (inc. 6" Gate Valve) 15 EA 4,200.00 Cast Iron FittinQs 3 TN 6,000.00 Concrete Blocking -Type B 10 CY 150.00 Trench Safety 6,470 LF 1.00 TestinQ (ExcludinQ Geotech) 6,470 LF 1.20 Connect to ExistinQ Water Stub 2 EA 750.00 TOTAL OFFSITE WATER OFFSITE SANITARY SEWER MAIN ALONG HURRICANE CREEK Description QTY UNIT UNIT PRICE 30" Sanitary Sewer Main (PS115, ASTM F679) 5,400 LF 15" Sanitary Sewer Main (SDR-35) 580 LF 12" Sanitarv Sewer Main (SDR-35) 2,820 LF 6' Dia. Manhole w/ epoxy coating 12 EA 5' Dia. Manhole w/ epoxy coating 13 EA Manhole -Vacuum test 25 EA Connect to Existing Sewer Stub 2 EA Trench Safety 8,800 LF Post Construction CCTV 8,800 LF TOTAL SEWER STORM DRAINAGE (STANDRIDGE PKWY., E-W COLLECTOR AND SHADYBROOK TRAIL) Description QTY UNIT UNIT PRICE 18" RCP 400 LF 53.00 21" RCP 150 LF 57.00 24" RCP 440 LF 67.00 30" RCP 40 LF 85.00 36" RCP 50 LF 109.00 42" RCP 820 LF 146.00 48" RCP 300 LF 176.00 --------------------------------------------------------~·+--------------- 2-5'x5' RCB 170 LF 625.00 2-7'x4' RCB 160 LF 850.00 4'x4' Drop Inlet 1 EA 4,000.00 10' Std. Curb Inlet 6 EA 4,000.00 15' Std. Curb Inlet 6 EA 5,100.00 20' Std. Curb Inlet 2 EA 6,000.00 5' Square Stormwater Manhole 2 EA 5,500.00 42" Headwall 1 EA 4,750.00 54" Headwall 1 EA 6,250.00 2-5'x5' Headwall 2 EA 13,000.00 2-7'x4' Headwall 2 EA 15,000.00 Trench Safety 2,530 LF 1.00 Rio Rao 140 SY 90.00 lnlet/SDMH Protectors 15 EA 130.00 Onsite Channel (Concrete) 2,700 SF 7.50 TOTAL STORM J :\Job\CEN 18001 _ Sherley_ 325_Ac\Master Dev\_Entitlements\Development Agreement\20200430 REVIS ION\2020- 0430 _ SHERLEY _PHASE_ 1_OPC.xlsx AMOUNT 22,500.00 87,700.00 17,760.00 5,000.00 $132,960.00 AMOUNT 170,550.00 64,320.00 43,200.00 12,600.00 63,000.00 19,800.00 1,485.00 6,470.00 7,764.00 1,500.00 $390,689.00 AMOUNT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $0.00 AMOUNT 21,200.00 8,550.00 29,480.00 3,400.00 5,450.00 119,720.00 52,800.00 ---- 106,250.00 136,000.00 4,000.00 24,000.00 30,600.00 12,000.00 11,000.00 4,750.00 6,250.00 26,000.00 30,000.00 2,530.00 12,600.00 1,950.00 20,250.00 $668,780.00 3 of 7 Ml COSTS OFFSITE PAVING (STANDRIDGE PKWY., E-W COLLECTOR AND SHADYBROOK TRAIL) Description QTY UNIT UNIT PRICE 8" Cone Pavement w/ 1 -25' B-B (Standridge Pkwy.} 2,916 SY 48.00 8" Cone Pavement w/ 2 -25' B-B (E-W Coll. & Shadybrook Tr.} 3,940 SY 48.00 8" Cone Pavement w/ 40' B-B (E-W Coll. & Shadybrook Tr.} 18,500 SY 48.00 6" Lime Stabilized Subgrade 27,892 SY 3.20 *Hydrated Lime (36#/SY) 510 TONS 164.00 4', 4" Cone. Sidewalk 11,840 SF 5.65 Curlex 11,840 LF 1.00 B/F Ramps 46 EA 1,525.00 Standard Street Header 400 LF 25.00 Standard Street Barricade 400 LF 25.00 TOTAL PAVING STREET LIGHTS & SIGNS (STANDRIDGE PKWY., E-W COLLECTOR AND SHADYBROOK TRAIL) Description QTY UNIT UNIT PRICE Street LiQht -2 Fixtures (400' spacinQ} 15 EA 5,000.00 Street Light -1 Fixture (at intersections} 16 EA 3,000.00 Conduit -2 Inch -Open Cut -Sched. 40 (Street Lights} 4,700 LF 10.00 SiQn Posts/Street Name Blades 16 EA 550.00 TOTAL STREET LIGHTS & SIGNS J :\Job\CEN 18001 _ Sherley_ 325_Ac\Master Dev\_Entitlements\Development Agreement\20200430 REVIS ION\2020- 0430_ SHERLEY _PHASE_ 1_OPC.xlsx AMOUNT 139,968.00 189,120.00 888,000.00 89,253.12 83,640.00 66,896.00 11,840.00 70,150.00 10,000.00 10,000.00 $1,558,867.12 AMOUNT 74,000.00 48,000.00 47,000.00 8,800.00 $177,800.00 4 of 7 PID DIRECT EARTHWORK Description I QTYI UNIT I UNIT PRICE I 35% of private earthwork cost is associated with streets ONSITE WATER Description QTY UNIT UNIT PRICE 8" PVC Water Line 14,090 LF 24.00 8" Gate Valve & Box 58 EA 1,400.00 1" Water Service -Residential 348 EA 875.00 Fire Hydrant Assembly (inc. 6" Gate Valve) 39 EA 4,200.00 Sampling Station 1 EA 5,000.00 Cast Iron Fittinos 7 TN 6,000.00 Concrete Blocking -Type B 21 CY 150.00 Trench Safety 14,090 LF 1.00 Testina (Excluding Geotech) 14,090 LF 1.20 TOTAL WATER SANITARY SEWER Description QTY UNIT UNIT PRICE 8" Sanitary Sewer Main (SDR-35) 12,640 LF 35.00 4' Dia. Manhole w/ epoxy coating 46 EA 5,100.00 Manhole -Vacuum test 46 EA 150.00 4" Sewer Service with cleanouts 348 EA 585.00 Connect to Existing Sewer Stub 2 EA 1,800.00 Trench Safety 12,640 LF 1.00 Post Construction CCTV 12,640 LF 1.75 TOTAL SEWER STORM Description QTY UNIT UNIT PRICE 18" RCP 360 LF 53.00 21" RCP 150 LF 57.00 24" RCP 1,050 LF 67.00 30" RCP 1,610 LF 85.00 36" RCP 50 LF 109.00 42" RCP 250 LF 146.00 48" RCP 550 LF 176.00 54" RCP 600 LF 177.00 4'x4' Drop Inlet 2 EA 4,000.00 10' Std. Curb Inlet 18 EA 4,000.00 15' Std. Curb Inlet 8 EA 5,100.00 20' Std. Curb Inlet 6 EA 6,000.00 4' Square Stormwater Manhole 2 EA 4,500.00 5' Square Stormwater Manhole 1 EA 5,500.00 6' Square Stormwater Manhole 1 EA 6,500.00 24" Headwall 1 EA 2,000.00 30" Headwall 3 EA 3,500.00 36" Headwall 1 EA 4,250.00 42" Headwall 1 EA 4,750.00 54" Headwall 2 EA 6,250.00 Trench Safety 4,620 LF 1.00 Rip Rap 160 SY 90.00 lnleUSDMH Protectors 34 EA 130.00 Onsite Channel (Concrete) 2,700 SF 7.50 TOTAL STORM J:\Job\CEN 18001 _ Sherley _325_Ac\Master Dev\_Entitlements\Development Agreement\20200430 REVISION\2020- 0430 _ SHERLEY _PHASE_ 1 _ OPC.xlsx AMOUNT $300,480.25 AMOUNT 338,160.00 81,200.00 304,500.00 163,800.00 5,000.00 42,600.00 3,195.00 14,090.00 16,908.00 $969,453.00 AMOUNT 442,400.00 234,600.00 6,900.00 203,580.00 3,600.00 12,640.00 22,120.00 $925,840.00 AMOUNT 19,080.00 8,550.00 70,350.00 136,850.00 5,450.00 36,500.00 96,800.00 106,200.00 8,000.00 72,000.00 40,800.00 36,000.00 9,000.00 5,500.00 6,500.00 2,000.00 10,500.00 4,250.00 4,750.00 12,500.00 4,620.00 14,400.00 4,420.00 20,250.00 $735,270.00 5 of 7 PIO DIRECT PAVING Description QTY UNIT UNIT PRICE 6" Cone Pavement w/ 31' B-B 40,700 SY 38.00 6" Lime Stabilized Suborade 44,800 SY 3.20 *Hydrated Lime (36#/SY) 810 TONS 164.00 4', 4" Cone. Sidewalk 3,240 SF 5.75 B/F Ramps 12 EA 1,525.00 Curlex 22,500 LF 1.00 Standard Street Header 31 LF 25.00 Standard Street Barricade 31 LF 25.00 TOTAL PAVING STREET LIGHTS & SIGNS Description QTY UNIT UNIT PRICE Street Light -1 Fixture (at intersections) 28 EA 3,000.00 Siqn Posts/Street Name Blades 6 EA 550.00 TOTAL STREET LIGHTS & SIGNS SCREENING WALLS & ENTRY MONUMENTS Description QTY UNIT UNIT PRICE 6' Brick Thinwall 2,050 LF 100.00 Entry Feature 4 EA 35,000.00 TOTAL SCREENING WALLS & ENTRY MONUMENTS LANDSCAPING & IRRIGATION Description QTY UNIT UNIT PRICE Water Service 2" Irrigation Line 8 EA 2,400.00 2-4" PVC Irrigation Sleeve -Schedule 40 (Street Intersections) 320 LF 18.00 Landscape 1 LS 25,000.00 Miscellaneous Mowina, Cleanup & Haul-Off 1 LS 10,000.00 TOTAL LANDSCAPING & IRRIGATION J :\Job\CEN 18001 _Sherley_ 325 _Ac\Master Dev\_ Entitlements\Development Agreement\20200430 REVISION\2020- 0430 _ SHERLEY _PHASE_ 1_OPC.xlsx AMOUNT 1,546,600.00 143,360.00 132,840.00 18,630.00 18,300.00 22,500.00 775.00 775.00 $1,883,780.00 AMOUNT 84,375.00 3,300.00 $87,675.00 AMOUNT 205,000.00 140,000.00 $345,000.00 AMOUNT 19,200.00 5,760.00 25,000.00 10,000.00 $59,960.00 6 of 7 PRIVATE EARTHWORK Description QTY UNIT UNIT PRICE Clear, Strip & Grub 61.3 AC 2,500.00 Excavation (2 foot Cut) 226,900 CY 2.50 Rough Lot Grading 348 LOT 200.00 Final Lot Grading 348 LOT 110.00 Silt Fence 10,090 LF 1.50 Rock Check Dam 6 EA 1,000.00 Construction Entrance 2 EA 2,000.00 Removal & Disposal of Unsuitable Materials 1 LS 5,000.00 TOTAL EARTHWORK 65% of private earthwork not associated with streets RETAINING WALLS Description QTY UNIT UNIT PRICE 2' Retaining Wall 2,890 LF 50.00 3' Retaining Wall 300 LF 65.00 4' Retaining Wall 890 LF 82.00 5' Retaining Wall (Structural) 50 LF 100.00 6' Retaining Wall (Structural) 440 LF 120.00 8' Retainina Wall (Structural) 270 LF 165.00 TOTAL RETAINING WALLS J :\Job\CEN 18001 _Sherley _325_Ac\Master Dev\_Entitlements\Development Agreement\20200430 REVISION\2020- 0430_SHERLEY _PHASE_ 1_ OPC.xlsx AMOUNT 153,250.00 567,250.00 69,600.00 38,280.00 15,135.00 6,000.00 4,000.00 5,000.00 $858,515.00 $558,034.75 AMOUNT 144,500.00 19,500.00 72,980.00 5,000.00 52,800.00 44,550.00 $339,330.00 7 of 7 P i i i Ti i PELOTON ~ LAND S OLUTIONS 554 142 .0 19.1 11 .9 22 ,280 16,270 SUMMARY DESCRIPTION 1 • Earthwork TOTAL LOTS SINGLE FAMILY ACRES THOROUGHFARE ACRES COLLECTOR ACRES LOCAL LENGTH OF STREETS (FT) COLLECTOR LENGTHS (FT) 2 • Retaining Walls 3 • Water 4 • Sanitary Sewer 5 • Storm 6 • Paving 7 • Street Lights & Signs 8 • Screen Walls & Entry Monument 9 • Landscaping and Irrigation 10 • Amenities 11 • District Formation TOTAL CONSTRUCTION COSTS DESCRIPTION Engineering & Surveying (12% of items 1-6 above) SWPPP (plan preparation & inspections) Preliminary Platting Fee ($325 + $5/LOT) Final Platting Fee ($325 + $5/LOT) Maintenance Bond (2% of Pvg & Ulil Contracts) Engineering Review Fee Inspection Fee Geotechn ical Testina (10% of Earthwork) 12 • TOTAL MISC. COSTS Construction Costs Miscellaneous Costs 13 • Continaencv Costs NET PROJECT COSTS By/Checked Description T JW/CAL Origin al Estimate CAL CAL MPP MPP Rev ised layout removi ng Sherl ey 348 costs Re vised Unit Pri ces per CA, 4% insp. Fee C he cked /rev ised cell formula s Deleted 30" & 12" Ml sewer I I I OPINION OF PROBABLE COST CENTURION AMERICAN -REMAINDER SHERLEY 554 City of Anna, Collin County, Texas Project Number : Prepared For: Date: File Name: Prepared by : Checked by: CONSTRUCTION COSTS Ml Costs PID Costs $369,410 $596,830 $0 $0 $1,286,889 $1,599,121 $0 $1,682,193 $1 ,581 ,895 $1,267,660 $3,446,675 $3,576,419 $151 ,150 $180 ,700 $0 $967,500 $0 $103,400 " " " " $6,836,019 $9,973,822 MISCELLANEOUS COSTS QTY UNIT 1 LS 1 LS 1 LS 1 LS 2% % 1 LS 4% % 10% % I I 5%1 Per Acre : DK Landplan DK Landplan DK Landplan DK Landpl an DK Landolan Per Lot : AMOUNT AMOUNT $802,184 $1,046 ,667 $9,000 $6 ,000 $3,095 $0 $3 ,095 $0 $126 ,310 $162 ,510 $2,500 $0 $273 ,440 $398,950 $36,940 $59,680 $1,256,564 $1,673,807 SUMMARY $6,836 ,019 $9,973 ,822 $1,256,564 $1,673 ,807 $404,629 $582 ,381 $8,497,210 $12,230,010 Date Prev ious Co st 8/6/2019 $ 28,536,800 8/19/2019 $ 10/15/2019 $ 11/26/2019 $ 4/30/2020 $ 14 ,194,230 16 ,019 ,590 17,488,4 10 24,288,850 CEN18001 CENTURION AMERICAN April 30, 2020 REMAINDER SHERLEY 554 OPC TJW CAL Private Costs $1 ,108,398 $1,425 ,085 $0 $0 $0 $0 $0 $0 $0 " " $2,533,483 AMOUNT $133 ,008 $6,000 $0 $0 $0 $0 $101,340 $110,840 $351,188 $2,533,483 $351 ,188 $144,234 $3,028,900 Total Costs $2 ,074 ,638 $1,425,085 $2 ,886 ,010 $1 ,682,193 $2 ,849,555 $7 ,023,093 $331,850 $967,500 $103,400 $0 $0 $19,343,323 TOTAL $1 ,981,859 $21,000 $3,095 $3,095 $288,820 $2 ,500 $773,730 $207,460 $3,281,559 $19,343 ,323 $3,281,559 $1,131,244 $23,756,130 $167,297 $42,881 J :\Job\CEN 18001 _Sherley_ 325 _Ac\Master Dev\_ Entitlements\Development Ag reement\20200430 REVIS ION\2020-0430 _REMAINDER_ SH ERLEY-554_ OPct>OtJ? GENERAL NOTES (PAGE 1} 1 ) This estimate is based on the land plan prepared by Peloton Land Solutions dated 7/18/19. Actual quantities will be determined at the conclusion of the final construction plans. 2 ) Earthwork quantities do not include costs for rock excavation. 2' of cut across the entire site was used for the purposes of determining earthwork. A preliminary geotechnical was not cross referenced for this task 3 ) Sidewalks adjacent to residential lots are excluded from the cost estimate. Sidewalks are assumed to be constructed by the home builder, except to where adjacent to park detention or open space. ADA ramps are required to be built by the developer and are included in this estimate. 4 ) All fees need to be verified by the City of Anna. 5 ) Fees listed for Platting, Engineering, SWPPP, etc., are based on the assumption the entire project is developed in one phase. 6 ) This estimate has been modified to reflect City of Anna being responsible for constructing the Hurricane Creek sanitary sewer lines (Projects D & E) as shown on the Conceptual Alignment Exhibit dated May 2018. No costs for this construction are contained within this estimate. 7 ) Impact fees and Park fees are not included in this estimate. 8 ) Franchise costs are not included in this estimate. 9 ) This estimate does not include costs for tree mitigation. 1 O ) Costs for exposed beams have been excluded from this estimate. 11 ) The lot grading assumptions are as follows: The use of a maximum 1' exposed beam, a maximum backyard slope of 10:1, 1% minimum grade, and a 3:1 maximum slope of side yards. 12 ) This estimate does not include moisture conditioning. Should it be necessary, the actual cost would be dependent on the final geotechnical report. No street moisture conditioning was included in this estimate. 13 ) Cost estimate does not include costs for detention. A preliminary downstream analysis has not been conducted. This cost estimate assumes Oncor will allow for utility crossings within their easement 14 ) This cost estimate assumes for the 12" offsite waterline to be looped into an existing waterlines at the north ends of Standridge Blvd. and Shadybrook Trail, as constructed with Sherley Tract, Phase 1 15 ) Cost estimate does not include acquiring offsite easements for 30" sanitary sewer, 12" water or ROW for Standridge Blvd. 16 ) Rosemond Pkwy. at gas and electric easements will need approval for non-90 degree crossings. 17 ) Costs shown herein exclude interest, legal fees, other services provided by others, off-site sanitary sewer pro-rata, off- site water line improvements, telephone service, off-site easement preparation & procurement, impact fees, or other costs not specifically addressed, rock excavation, jurisdictional determination and permit processing, and brick pavers. Engineering costs do not include cost for staking retaining walls. 18 ) Since the design professional has no control over the cost of labor, materials, or equipment, or over the contractor's method of determining prices, or over competitive bidding or market conditions, his opinions of probable development cost provided for herein are to be made on the basis of his experience and qualifications. These opinions represent his best judgment as a design professional familiar with the construction industry. However, the design professional cannot and does not guarantee that proposals, bids, or the development cost will not vary from opinions of probable cost prepared by him. If the owner wishes greater assurance as to the development cost, he shall employ an independent cost estimator. J :\Job\CEN 18001_ Sherley _325_Ac\Master Dev\_Entitlements\Development Agreement\20200430 REVISION\2020- 0430 _REMAINDER_ SHERLEY-554_ OPC.xlsx 2 of 7 Ml COSTS OFFSITE EXCAVATION /STANDRIDGE BLVD., ROSAMOND PKWY AND N/S COLLECTORS! Description QTY UNIT UNIT PRICE AMOUNT Clear, Strip & Grub 31.00 AC 2,500.00 77,500.00 Excavation (2 foot Cul) 100,100 CY 2.50 250,250.00 Silt Fence 24,440 LF 1.50 36,660.00 Removal & Disoosal of Unsuitable Materials 1 LS 5,000.00 5,000.00 TOTAL EXCAVATION $369,410.00 OFFSITE WATER /ALONG ROSAMOND PKWY. AND US 751 Description QTY UNIT UNIT PRICE AMOUNT 12" PVC Water Line {along Rosamond Pkwv and US 75) 10,170 LF 45.00 457,650.00 12" Jack and Bore (TxDOT CrossinQ) 800 LF 500.00 400,000.00 8" PVC Water Line 5,050 LF 24.00 121,200.00 8" Jack and Bore (Creek Crossing) 150 LF 375.00 56,250.00 12" Gate Valve & Box 20 EA 2,400.00 48,000.00 8" Gate Valve & Box 37 EA 1,400.00 51,800.00 Fire Hydrant Assembly (inc. 6" Gate Valve) 15 EA 4,200.00 63,000.00 Cast Iron Fittinas 8 TN 6,000.00 48,600.00 Concrete BlockinQ -Tvoe B 24 CY 150.00 3,645.00 Connect to Existing Water Stub 2 EA 750.00 1,500.00 Trench Safety 16,020 LF 1.00 16,020.00 Testina {Excludina Geotech) 16,020 LF 1.20 19,224.00 TOTAL OFFSITE WATER $1 286 889.00 OFFSITE SANITARY SEWER MAIN (ALONG HURRICANE CREEK SOUTH TO FM 455\ Description QTY UNIT UNIT PRICE AMOUNT 30" Sanitarv Sewer Main (PS115, ASTM F679) 1,160 LF 0.00 12" Sanitary Sewer Main (SDR-35) 3,300 LF 0.00 6' Dia. Manhole w/ eooxv coatina 3 EA 0.00 5' Dia. Manhole w/ epoxv coating 8 EA 0.00 Manhole -Vacuum test 11 EA 0.00 Connect to ExistinQ Sewer Stub 1 EA 0.00 Trench Safetv 4,460 LF 0.00 Post Construction CCTV 4,460 LF 0.00 TOTAL SEWER $0.00 STORM (STANDRIDGE BLVD., ROSAMOND PKWY AND N/S COLLECTORS) Description QTY UNIT UNIT PRICE AMOUNT 18" RCP 670 LF 53.00 35,510.00 21" RCP __ J,53[ LF 57.00 87,495.00 -------------------Ii=----------------~~-- 24" RCP 1,325 67.00 88,775.00 27" RCP 525 LF 75.00 39,375.00 30" RCP 225 LF 85.00 19,125.00 36" RCP 225 LF 109.00 24,525.00 42" RCP 1,755 LF 146.00 256,230.00 48" RCP 180 LF 176.00 31,680.00 5'x3' RCB 725 LF 240.00 174,000.00 6'x3' RCB 250 LF 360.00 90,000.00 7'x4' RCB 75 LF 440.00 33,000.00 3-8'x5' RCB 100 LF 1,325.00 132,500.00 4-8'x6' RCB 100 LF 1,700.00 170,000.00 10' Std. Curb Inlet 22 EA 4,000.00 88,000.00 15' Std. Curb Inlet 12 EA 5,100.00 61,200.00 20' Std. Curb Inlet 4 EA 6,000.00 24,000.00 6' x 6' Junction Box 7 EA 7,500.00 52,500.00 27" Headwall 2 EA 3,000.00 6,000.00 42" Headwall ---------- 1 EA , __ 4,750.00 I ------- 4,750.00 48" Headwall 1 EA 5,850.00 5,850.00 6'x3' Headwall 1 EA 6,500.00 6,500.00 7'x4' Headwall 1 EA 7,250.00 7,250.00 3-8'x5' Headwall 2 EA 20,000.00 40,000.00 4-8'x6' Headwall 2 EA 27,500.00 55,000.00 Trench Safetv 7,690 LF 1.00 7,690.00 Rip Rap 225 SY 90.00 20,250.00 lnleUSDMH Protectors 38 EA 130.00 4,940.00 Onsite Channel {Concrete) 2,100 SF 7.50 15,750.00 TOTAL STORM $1,581,895.00 J :\Job\CEN18001 _Sherley_ 325 _Ac\Master Dev\_Entitlements\Development Agreement\20200430 REVIS ION\2020-0430 _REMAINDER_ SH ERLEY-554_ OPC.xlsxof 7 Ml COSTS OFFSITE PAVING (STANDRIDGE BLVD., ROSAMOND PKWY AND N/S COLLECTORS) DescriDtion QTY UNIT UNIT PRICE AMOUNT 8" Cone Pavement w/ 1 -25' B-B -STANDRIDGE BLVD. 4,722 SY 48.00 226,656.00 8" Cone Pavement w/ 2 -25' B-B -ROSAMOND PKWY. 38,445 SY 48.00 1,845,360.00 ----8'' Cone Pavement w/ 40' B-B -N/S COLLECTORS ----16,000 SY ----- 48.00 768,000.00 6" Lime Stabilized Subgrade 65,084 SY 3.20 208,267.84 *Hydrated Lime (36#/SY) 1,180 TONS 164.00 193,520.00 4', 4" Cone. Sidewalk 22,740 SF 5.65 128,481.00 Curlex 24,440 LF 1.00 24,440.00 B/F RamDs 30 EA 1,525.00 45,750.00 Standard Street Header 124 LF 25.00 3,100.00 Standard Street Barricade 124 LF 25.00 3,100.00 TOTAL PAVING $3,446,674.84 STREET LIGHTS & SIGNS (STANDRIDGE BLVD., ROSAMOND PKWY AND N/S COLLECTORS) Descriotion QTY UNIT UNIT PRICE AMOUNT StrP.P.! 1 inht -2 Fixtures (400' spacing) 18 EA 5,000.00 90,000.00 Street Liqht-1 Fixture (at intersections) 6 EA 3,000.00 18,000.00 Conduit -2 Inch -Open Cut -Sched. 40 (Street Liqhts) 3,600 LF 10.00 36,000.00 Sian Posts/Street Name Blades 13 EA 550.00 7,150.00 TOTAL STREET LIGHTS & SIGNS $151,150.00 J:\Job\CEN18001_Sherley_325_Ac\Master Dev\_Entitlements\Development Agreement\20200430 REVISION\2020-0430_REMAINDER_SHERLEY-554_OPC.xlskof 7 PIO DIRECT OFFSITE EXCAVATION (STANDRIDGE BLVD., E-W COLLECTOR AND SHADYBROOK TRAIL) Descriotion I QTYI UNIT I UNIT PRICE I AMOUNT 35% of private earthwork cost associated with streets $596,829.63 ONSITE WATER Description QTY UNIT UNIT PRICE AMOUNT 8" PVC Water Line 25,405 LF 24.00 609,720.00 8" Gate Valve & Box 87 EA 1,400.00 121,800.00 1" Water Service -Residential 554 EA 875.00 484,750.00 Fire Hvdrant Assembly (inc. 6" Gate Valve) 57 EA 4,200.00 239,400.00 Sampling Station 1 EA 5,000.00 5,000.00 Cast Iron Fittinas 13 TN 6,000.00 76,800.00 Concrete Blocking -Type B 38 CY 150.00 5,760.00 Trench Safety 25,405 LF 1.00 25,405.00 Testina (Excludina Geotech\ 25,405 LF 1.20 30,486.00 TOTAL WATER $1,599,121.00 SANITARY SEWER Description QTY UNIT UNIT PRICE AMOUNT 8" Sanitary Sewer Main (SDR-35) 21,510 LF 35.00 752,850.00 4' Dia. Manhole w/ epoxy coating 90 EA 5,100.00 459,000.00 5' Dia. Manhole w/ epoxy coatina 7 EA 8,050.00 56,350.00 Manhole -Vacuum test 97 EA 150.00 14,550.00 4" Sewer Service with cleanouts 554 EA 585.00 324,090.00 Connect to Existing Sewer Stub 9 EA 1,800.00 16,200.00 Trench Safety 21,510 LF 1.00 21,510.00 Post Construction CCTV 21,510 LF 1.75 37,642.50 TOTAL SEWER $1,682,192.50 STORM Descriotion QTY UNIT UNIT PRICE AMOUNT 18" RCP 1,385 LF 53.00 73,405.00 21" RCP 1,320 LF 57.00 75,240.00 24" RCP 1,905 LF 67.00 127,635.00 27" RCP 925 LF 75.00 69,375.00 30" RCP 2,630 LF 85.00 223,550.00 36" RCP 430 LF 109.00 46,870.00 42" RCP 500 LF 146.00 73,000.00 48" RCP 170 LF 176.00 29,920.00 10' Std. Curb Inlet 56 EA 4,000.00 224,000.00 15' Std. Curb Inlet 27 EA 5,100.00 137,700.00 20' Std. Curb Inlet 8 EA 6,000.00 48,000.00 5' x 5' Junction Box 4 EA 6,500.00 26,000.00 21" Headwall 1 EA 1,750.00 1,750.00 24" Headwall 2 EA 2,000.00 4,000.00 30" Headwall 5 EA 3,500.00 17,500.00 36" Headwall 1 EA 4,250.00 4,250.00 42" Headwall 1 EA 4,750.00 4,750.00 48" Headwall 1 EA 5,850.00 5,850.00 Trench Safety 9,265 LF 1.00 9,265.00 Rip Rap 250 SY 90.00 22,500.00 lnleUSDMH Protectors 95 EA 130.00 12,350.00 Onsite Channel (Concrete) 4,100 SF 7.50 30,750.00 TOTAL STORM $1,267,660.00 J :\Job\CEN 18001 _Sherley_ 325 _Ac\Master Dev\_ Entitlements\Development Agreement\20200430 REVISION\2020-0430 _REMAIN DER_ SHERLEY- 554 _ OPC.xlsx 5 of 7 PIO DIRECT PAVING Description QTY UNIT UNIT PRICE AMOUNT 6" Cone Pavement w/ 31' B-B 76,742 SY 38.00 2,916,196.00 6" Lime Stabilized Subgrade 84,500 SY 3.20 270,400.00 *Hydrated Lime (36#/SY) 1,530 TONS 164.00 250,920.00 4', 4" Cone. Sidewalk 6,850 SF 5.65 38,702.50 B/F Ramps 64 EA 1,525.00 97,600.00 Curlex 2,600 LF 1.00 2,600.00 TOTAL PAVING $3,576,418.50 STREET LIGHTS & SIGNS Description QTY UNIT UNIT PRICE AMOUNT Street Light -1 Fixture (at intersections) 54 EA 3,000.00 162,000.00 Sian Posts/Street Name Blades 34 EA 550.00 18,700.00 TOTAL STREET LIGHTS & SIGNS $180,700.00 SCREENING WALLS & ENTRY MONUMENTS Description QTY UNIT UNIT PRICE AMOUNT 6' Brick Thinwall 6,875 LF 100.00 687,500.00 Entry Feature 8 EA 35,000.00 280,000.00 TOTAL SCREENING WALLS & ENTRY MONUMENTS $967,500.00 LANDSCAPING & IRRIGATION Description QTY UNIT UNIT PRICE AMOUNT Water Service 2" lrriaation Line 15 EA 2,400.00 36,000.00 2-4" PVC Irrigation Sleeve -Schedule 40 (Street Intersections) 1,800 LF 18.00 32,400.00 Landscape 1 LS 25,000.00 25,000.00 Miscellaneous Mowina, Cleanuo & Haul-Off 1 LS 10,000.00 10,000.00 TOTAL LANDSCAPING & IRRIGATION $103,400.00 J :\Job\CEN 18001 _Sherley_ 325 _Ac\Master Dev\_Entitlements\Development Agreement\20200430 REVIS ION\2020-0430 _REMAI NOE R_ SHERLEY- 554 _ OPC.xlsx 6 of 7 PRIVATE EARTHWORK Description QTY UNIT UNIT PRICE Clear, Strip & Grub 142.0 AC 2,500.00 Excavation (2 foot Cut) 458,200 CY 2.50 Rough Lot Grading 554 LOT 200.00 Final Lot Gradinq 554 LOT 110.00 Silt Fence 9,325 LF 1.50 Rock Check Dam 10 EA 1,000.00 Construction Entrance 2 EA 2,000.00 Removal & Disposal of Unsuitable Materials 1 LS 5,000.00 TOTAL EARTHWORK 65% of private earthwork not associated with streets RETAINING WALLS Description QTY UNIT UNIT PRICE 2' Retaining Wall 12,510 LF 50.00 4' Retaining Wall 5,405 LF 82.00 6' Retaining Wall (Structural) 1,830 LF 120.00 8' Retaining Wall (Structural) 425 LF 165.00 10' Retainino Wall (Structural) 310 LF 215.00 TOTAL RETAINING WALLS J :\Job\CEN 18001 _Sherley_ 325 _Ac\Master Dev\_Entitlements\Development Agreement\20200430 REVIS ION\2020- 0430 _REMAIN DER_ SH ERLEY-554 _ OPC.xlsx AMOUNT 355,000.00 1,145,500.00 110,800.00 60,940.00 13,987.50 10,000.00 4,000.00 5,000.00 $1,705,227.50 $1,108,397.88 AMOUNT 625,500.00 443,210.00 219,600.00 70,125.00 66,650.00 $1,425,085.00 7 of 7 Exhibit C CONCEPT PLAN \. ..... ~ r·-!11:.-~·-·--., ·-., ' . _/ I I. J!i r ::_-;~;;! ·)J ·; f . ·1 / / \ { ·\·· <-~'' ,'· \. .,.I'~-.;,;;;_.. ·, ✓ ✓- .' . i / ; I \f ·-;;:.:;;.-··_.-'·:• -~~': . ____ , .. - ""-~~:;:-/·: ~:::·,.,_( Hrn PELOTON 1iffi' LAND SOLUTIONS / ~ ! .:-~-----· , . . ::.~ "-~-- 'i } ~-.=~-:;-·-.... ___ ,. t_. SHERLEY CONCEPT PLAN ANNA, TEXAS SHERLEY -......... ....... c=J~-! c:::::J ~. "'" CJ ~~X\1!1) c:::::J ~ c:::::J ::..,. -· c:::::J ::O.x11~ c:::::J :;,;.,.., c:::::J :;, "" c:::::J ~mo, c:::::J :,,,,.., ~Tl#NAV 'l1'AC1 TOTAL; tMLOTS l.2S.1757ACIU!S \._,_.-· -···\/ ,-' ·-.. -~ ·~ OAAl'HICl!ICAU! MARC>/1<2020 Ill j Exhibit C-1 AMENITY CENTER CONCEPT PLAN LEGEND: G) CLUBHOUSE CV POQ ® KIDOIEPOQ © PLAYGROUND ® LANDSO\PEDAREA ® WITH SEATING HIKE & BIKE TRAIL Exhibit C-2 NEIGHBORHOOD TRAIL PLAN Hl l! PELOTON EXHIBITC-2 1iiif LAND SOLUTIONS ANNA, TEXAS NOTE: THIS PLAN IS CONCEPTUAL IN NATURE AND MAY NOT NECESSARILY BE BUILT AS DEPICTED. TRAILS TO BE CONSTRUCTED IN PHASES CONCURRENT WITH ADJACENT RESIDENTIAL DEVELOPMENT. THE ULTIMATE LOCATION OF TRAILS SHALL BE DETERMINED DURING THE FTNAL DESIGN PROCESS . • 0 -...... E-I OIW'HICSCALE Exhibit D DEVELOPMENT STANDARDS Exhibit D Development Standards The permitted uses and standards for the Single Family Development located partially within the extraterritorial jurisdiction (the "ET J") of the City and located partially within the city limits of the City shall be in accordance with the SF-Z Single-Family Residence District -Zero lot line homes, SF-TH Townhome District, SF-60 Single-Family Residence District, SF-72 Single-Family Residence District, and SF-84 Single-Family Residence District zoning districts and applicable City Regulations including without limitation the City's Planning and Development Regulations. (Deletions are indicated in strikethrough text.) Disclaimer: Ordinance modifications are specifically related to the land area associated with this Subdivision Improvement Agreement and shall not apply to any additional areas within or outside of the city limits. ARTICLE 9.04 ZONING ORDINANCE 1. Sec. 9.04.004 Definitions Quadplex: Single-story residential building with a maximum of four dwelling units per building. These buildings will be specifically designated as age-restricted (55+) as established and recorded in the Covenants, Conditions, and Restrictions (CCR's). Each dwelling unit will have a distinct ingress/egress and garage. Driveways can be shared between adjacent garages. 2. Sec. 9.04.015 SF-TH Townhome District (b) Permitted uses. (1) Residential buildings containing townhome units. (2) Quadplex dwelling units with age restrictions to be established and recorded in the Covenants, Conditions, and Restrictions (CCR's). (3) Other uses as allowed in the TF zone. 3. Sec. 9.04.034 Supplementary district regulations ( d) Waiver of strict compliance with masonry requirements. An existing or proposed use that includes or is proposed to include one or more buildings with exterior walls that are normally constructed with materials that are consistent with regionally or nationally recognized commercial brand architectural design shall not apply to the city council for a full or partial waiver of any masonry requirement that applies to such exterior walls. +iIB oity oounoil by ordinanoe may grant suoh a full or partial waiver if: (1) The oity oounoil finds that the design will not negatively impaot the surrounding properties; and (2) Tho request is doomed by tho oity oounoil to be appropriate and desirable for tho overall design and dirootion of tho oity and not dirootly in oonfliot with tho oity's oomprohonsivo 2:0ning plan. ( e) Residential architectural standards. (1) House repetition. (A) Within residential developments, single-family homes with substantially identical exterior elevations can only repeat every three (3) lots when fronting the same right-of-way including both sides of the street. (3) Garages. On front entry garages the face of a garage may not: (i) be extended more than ten feet beyond the remainder of the front elevation of the primary living area of a house; or (ii) only lots developed as SF-TH, SF-TH-SR, SF-Zand SF-60 may be over 60% of the total frontage width of a house whether or not swing drives ("J" drives) are used. Porches or columns are not considered part of the front elevation of the primary living area. (4) Building articulation. At least three (3) facade articulation techniques are required on each single-family home to add architectural variety and interest to a building. The following features shall be acceptable techniques of exterior articulation. (A) A base course or plinth course; banding, moldings, or stringcourses; quoins; oriels; cornices; arches; brackets; keystones; dormers; louvers as part of the exterior wall construction. (Quoins and banding shall wrap around the corners of the structure for at least two feet.) (B) Balconies; (C) Shutters; (D) Bay windows; (E) Masonry chimney(s); (F) Double-entry door(s); (G) Covered Entry(ies); (H) Horizontal banding continuing the length of the wall that faces a street, or other similar highly visible areas. (I) The use of both stone and brick on the front elevations with a minimum of ten percent coverage of one of the elements. (J) Front porch of at least 40 square feet. (K) The installation of at least two (2) coach lights. (L) Other techniques for building articulation can be substituted if administratively approved by the administrative official. (M) Divided light windows in front is an acceptable technique for building fa9ade articulation. (N) All garages must also incorporate wood clad ( or equivalent) garage doors or wood composite doors and contain at least two of the following enhancements: i. Two single garage doors (in lieu of double doors); ii. Decorative windows; iii. Decorative hardware; iv. Garage door recessed a minimum of 12 inches from the garage face; or v. Cast stone surround. (6) All doors on the font facade of a residence shall be constructed of wood, iron, glass, and/or architectural fiberglass. (7) Front entry driveways on SF-72 & SF-84 lots must incorporate at least one of the following enhanced decorative paving techniques: (A) Earth tone colored stained concrete; (B) Stamped/patterned concrete; (C) Brick, stone, or concrete pavers; (D) Salt-finished concrete; (E) Washed aggregate (8) All fences on a residential lot abutting and/or adjacent to an open space/common area lot must be ornamental metal fences, such as wrought iron or tubular steel. Fences constructed between residences can be wood. All wood fencing shall be at least six feet in height. Wood fencing shall be stained and sealed. Plastic and chain link fencing is prohibited. 4. APPENDIX 1. ZONING DISTRICT AREA REGULATIONS SF-84 SF-72 SF-60 SF-Z SF-TH SF-TH Quadplex) Maximum 35 35 35 35 35 35 heiQht (feet) Side yard, 5 5 5 0/5 0/5 0/5 interior (feet) Side yard, 10 10 10 10 10 10 corner lot, street side feet) (c) Rear yard 10 10 10 10 10 10 feet) (d) Front yard 25 125 25 20 20 20 feet) Lot area (feet) 8,400 7,200 6,000 f4,000 2000 per 2000 per unit unit Min. lot width 70 60 50 f40 20 20 feet} Min. lot depth 120 110 100 100 80 80 feet) (e) Max. lot 55% 55% 55% 85% 70% 70% coveraQe (%) Building size 1800 1800 1600 1200 900 900 square feet) Masonry* (%) 60% 60% ao% ao¾ 60% ao¾ Lot/Unit Coun1 81 139 323 143 190 108 per Concept Plan Maximum 85 145 340 150 200 115 Lot/Unit Coun1 +5%} Minimum 77 132 305 135 180 100 Lot/Unit Coun1 -5%) * Brick or rock veneer; see also section 9.04.034(e)(6). **If there are conflicts between the Appendix 1 Area Regulations and City Regulations, Appendix 1 shall supersede. (c) 45 feet where adjacent to single-family or duplex residential district. (d} The required rear yard shall be open and unobstructed to the sky from a point 30 inches above the average elevation of the graded rear yard, except for accessory buildings as permitted herein. Eaves, covered porches, and roof extensions without structural support in the rear yard may extend into the rear yard a distance not to exceed four feet. Balconies shall not project into the required rear yard. (e) Minimum lot depth may be reduced to 110' for SF-84 lots in cul-de-sacs and knuckles. Type of Use Quadplex 5. APPENDIX 2. SCHEDULE OF USES Def* AG SF SF SF SF SF SF SF MH MH TF MF MF C-NC C-CBRD C- -E -1 ----Z --1 -2 -1 -2 1 2 3 84 72 60 TH 3.1.30 y 6. APPENDIX 3. DESCRIPTIONS/DEFINITIONS OF USES 3.1.30 Quadplex: Single-story residential building with a maximum of four dwelling units per building. These buildings will be specifically designated as age-restricted (55+) as established and recorded in the Covenants, Conditions, and Restrictions (CCR's). Each dwelling unit will have a distinct ingress/egress and garage. Driveways can be shared between adjacent garages. ARTICLE 9.06 LANDSCAPE REGULATIONS 7. Sec. 9.06.006 Minimum landscaping requirements (p) For all single family and duplex paroels, builders shall be required to plant tv10 large trees (minimum of three inch caliper and seven feet high at time of planting) per lot prior to obtaining a certificate of occupancy. /\t least one of the trees shall be located in the front yard. Existing quality trees of at least three inch caliper size looated on the lot shall oount to meet this standard if appropriate tree protection measures have boon follo 1Ned. (q) Requirements for single-family residential and duplex lots. Three-inch caliper trees selected from the large tree list in this article shall be planted on all single-family residential, duplex, and town home lots, and single-story quadplex buildings. /\t least one of tho trees must be plaood in tho front yard of tho lot. The following minimum standards apply: Single-Family Residential -84 (SF-84) 2 trees Single-Family Residential -72 (SF-72) 2 trees Single-Family Residential -60 (SF-60) 2 trees Single-Family Residential -Zero Lot Line (SF-Z) 1 tree Single-Family Residential-Town Home (SF-TH) 1 tree Trees in the SF-Z, and SF-TH lots shall be planted in either the front or rear yard at the builder's discretion. For SF-60, SF-72 and SF-80 lots; at least one tree must be planted in the front yard. Only tree speoios listed in Seotion 9.07 Appendix 2, Ovorstory (Shade) Trees 1Nill be required to satisfy these Standards. All large trees required above will be planted prior to issuance of the certificate of occupancy on the dwelling. 8. Sec. 9.06.007 Setbacks ( d) For all residential parcels, a minimum 15'-wide tract to be owned and maintained by a homeowners' association will be required adjacent to all sides of major thoroughfares and a 1 O' wide tract adjacent to minor thoroughfares with an ultimate 0-1-1- 1 1 2 right-of-way width of 60 feet or greater. This landscaped buffer area shall consist of trees, turf, or other living ground cover shall be provided adjacent to and outside of the rights-of-way. The buffer shall contain a minimum of one three-inch caliper large canopy tree for every 75 linear feet of roadway. Required trees may be clustered. ARTICLE 9.07 TREE PRESERVATION 9. Sec. 9.07.002 Definitions Aerial Photography mean the taking of photographs from an aircraft or other flying object. Remove: □ P.roteoted tree means a quality tree ,e.•ith a trunk six inohes or greater in oaliper at four foot six inohes above tho ground. Tho oalipor of a multi trunk troe shall be determined by adding tho total oalipor of tho largest trunk to one half the oalipor of eaoh additional trunk. LJ Q1:1aUty tr:eo moans a tree spooios whioh typioally has signifioant positive oharaoteristios worthy of preservation, as listed in this artiole (see appendix j_at the end of this artiolo). LJ Speoimen t.r:eo means a tree whioh has boon determined by tho oity to be of high value beoause of its typo, sii!o, or other spooifio oritoria. Generally, speoimen trees are trees having 24" trunk oalipor at a point 4.5 foot above ground level but other oriteria may also be utilii!ed. □ Tree s1:1rv-e'l means a plan drawing that identifies the looation of protested tfees and oontains the information required to be set forth within this artiole. The tree survey shall be prepared by an arborist, a lioensed surveyor, a lioensod landsoape arohiteot, or other qualified person approved by the landsoape administrator. i;:or projeots of limited soope, the landsoape administrator may approve a tree survey prepared by a non prof.essional if oomplete and aoourate information is pro 1t'idod. 10. Sec. 9.07.008 Tree preservation permit submittal and review (b) An application for a tree permit shall include these required documents: (2) A tree survey at tho same soalo as tho site plan or preliminary plat with building pad, pavement areas, and other oonstruotion f.eaturos that 'Nill disturb tho land indioatod. An aerial photography canopy map accompanied by a transparent plan of the development at the same. Photography showing all non- disturbance areas and proposed exemption areas where no trees will be critically altered will be provided, the aerial photograph will also include an outline of the existing tree canopy area on the property and the calculated area (square feet or acres) of the existing canopy coverage. The tree survey aerial photograph canopy map shall include the following information: (A) Name and phone number of the person who prepared the survey; (B) Property lines with dimensions; (C) Engineering scale (same scale as the preliminary plat); (D) Location of all rights-of-way and easements (existing and proposed); (E) Location of all buildings, structures, pools, parking and vehicular maneuvering area, utilities, sidewalks, and other improvements ( existing and proposed); (F) Location of FEMA 100-year floodplain, NRCS lake tree preservation zone, or erosion hazard setback easement; (G) Any proposed non-disturbance area; (H) Identifying numbers for all trees of two inches or greater ~ J (I) Tho common and botanical name of all trees with identifying numbers; (J) Caliper size of all trees six inches or greater DB~; and (K) Location of all trees not included in a non disturbance area that are to be preserved. (H) Showing tree canopy, not included in a non-disturbance area, that are to be preserved. ( d) A tree preservation plan shall be submitted showing existing tree canopy to remain, existing tree canopy to be removed, and replacement trees with type, location, number and size of replacement trees indicated. The tree preservation plan information may be included on the aerial photograph if all information can be clearly delineated. b. Trees planted to provide canopy coverage will be credited at its canopy coverage at normal maturity. These credits are as follows: • Large canopy tree with typical crown width of fifty (50) feet in diametertwo thousand (2,000) square feet; • Medium canopy tree with typical crown width of thirty (30) feet in diameter seven hundred (700) square feet; • Small canopy tree with typical crown width of ten (10) feet in diameter one hundred (100) square feet. Tree replacement canopy will be provided for up to 25% of the tree canopy removed from the site [9.07 .011 (I) and 9.07 .013 (B-E)]; The 34.3± acres in-city portion of the property intended to be developed as commercial uses and multiple-family residences with modified standards shall be developed as conceptually described and illustrated on Exhibit C (the "Concept Plan"). The Concept Plan may be amended from time to time with approval from the City's Planning & Zoning Commission and the City Council. Prior to any building permit being issued, a Preliminary Plat, Site Plan, and Final Plat shall be approved by the City Council. DEVELOPMENT STANDARDS. The Property Owner and Developer agree to comply and to cause all builders and any other successors or assigns to comply with the following: A. Development and use of the Property shall be in accordance with this Agreement and the Zoning Ordinance. In the event of a conflict between this Agreement and the Zoning Ordinance, this Agreement controls. This Agreement shall run with the land and shall be binding on all future owners of the Property to the extent of their ownership. This Agreement may be recording in the official property records of Collin County, Texas. B. Upon approval of the City Council to rezone the property, if such approval shall be given, development shall adhere to the Planned Development-General Commercial District (PD- C-2) zoning district standards as established by the approved zoning. C. Design Standards (Multiple-Family Residence): 1) Masonry (Brick/Rock veneer): Eighty (80) percent for the first three stories, and Seventy (70) percent for the fourth story. 2) Roof materials for buildings and structures must be architectural roof shingles. 3) Accessory buildings shall use similar building and roofing materials as those used on the primary buildings. 4) Two architectural design features are required on facades facing public streets, parking and common areas. Acceptable architectural design features may include but is not limited to: i. Articulation of building fac;ade ii. Extensions to the building through covered porches, bay or box windows, and other similar features projecting out from the fac;ade iii. A horizontal change in building materials between stories of a building iv. Variation in building materials between vertical intervals v. Variations in window placement vi. Architectural features such as shutters, awnings, balconies, verandas, railings, dormers, chimneys, decorative moldings or ornamental details vii. Other similar design features 5) Architectural detailing, horizontal off-sets and other features shall be provided on all sides of the building to avoid blank walls and large, monolithic masses. 6) Roof height, pitch, ridgelines and materials shall be varied to create visual interest and avoid repetition. 7) The masonry and other building material and methodology requirements and all other requirements set forth in this Agreement are strict requirements of this Agreement, and any failure to fully adhere to same shall be a material breach of this Agreement. D. Design Standards (Commercial Uses): 1) Masonry (Brick/Rock veneer/Stone masonry): 70 percent minimum for each building (excluding doors, door frames, windows, and window frames). 2) Where the function of an individual business, or the recognized identity of a brand dictates a specific style, image, or building material associated with that company, the masonry provision may be modified; however, the development shall maintain harmony in terms of overall project design and appearance, and such design shall be subject to approval by the city council after recommendation from the planning and zoning commission. Exhibit E-1 ROADWAY IMPROVEMENTS f---" I' I , ,-: I I ' ; I ~,0\ ____i_l___, ' I ~ \ " ~" I _1 ~\ ' ' ~"~ I I / / ~~~ r'.,_:¥jl(. ~/ -V('..,)' '~_;/ MENTS NECESSARY TO CONSTRUCT OUTSIDE OF PIO BOUNDARY I ,i [ill -~, ' I I I I I I :.l i!--crFri~""~:~~~~q/ I 1 r-'I""' ' .: ~ '-II'. 1 I I, ;i(, .· :.,,-\ Exhibit E-2 HURRICANE CREEK REGIONAL TRUNK SEWER IMPROVEMENTS ~\J f ~v-N --(~ / K~'\ L~ \ ,,---., I ~ ~ / ,/ / I -1H -,, -"-y)--· ' 2 ~-mw~ ~;1~~. ~~~ltJ H ~ ; , : •• ~ I : ~ ~ r / - 11 -,:;:) . V '1•✓ ''fl' ·~---:-i:·· _,;,. .. ,, .. 'l· ' . -..;:_, ~ ~ -- i ~ I ' I \: 7 0 t' II-' II_}}.,. c: · 0"'· ', ' ";-:_. '/J-.,, /· II ~ . •y' r ,, 'f, · C I, •~~/~<' Ii ·, r=/ ! \ I / I ll 1 -SUZIE / LN /I II" 'i' ,; I bi '/ f I . ~'))Z / I~ ~I// j ~ C7 I I I I I L_J --12"SEWER -15"SEWER -30"SEWER EX.15" --SEWER __ EX.30' SEWER Exhibit E-3 WATERLINE IMPROVEMENTS ~ "~/ ? I r ~1.~~ '---._ ______ --1.--7•=====~1 I II I\ t.t~~·~ ·~ j ~ ' ,~ II ·.. . , p; ,,,,_~l ' ROW) /4, .E . . _ ·-_ '•. 1--:://----'<' '~-;: ~-.()--~f:i , ,;,-//) J'---'""i ;,/ I / f ?klf,fo\\?l ~:J~ :;-_~-~--/~~✓.' ~:--.(/h: S:<Ji l I I . , I I ( ::;-'. _ ~~1/:~✓· _. -_ -~\--~':Jf'.:--"> " ~;;~·-· ii•~./'}Z/i 1 ., ~-:. ~~tft~~-%~gt,tf,9t!9 . . ' 1,tV:V~JE~· :j;';::_i 1/ I ' , I ( -~c]0 ;1'~1-~ I I I ~, -u,1...~~···· . ' · 1 --~r ~~~ : 1111' J'~.' .-:;tt;<·./7 I . -:~ _ . . . 71\ .,__....... " ./,J.. • I '\ ROSAMOND --~~ 1 -~ ~ ·· L-.J 1 !~. \ --I --. , , .. =::::JL-~ fr / . r_ l--'£ ~-12"WA.~ .. ;/ ---------J PAR'r0MAY -c~~~~~~-iiiiiiiiii--\\f ,;_,.....,;..-7 -i . -~ ~ ·, C..::---, I -~ I C F OFFSITE 12" I; WATERLINE 'sf ,~Flll . WATERLINE , ___ // IMPROVEMENTS /J =l!.:.e:-!J=;;;;:',f/ .,, ' IMPROVEMENTS )/"-.... / I STANDRIDGE I ll I 12"EX. / " : PAR'r0MAY WATER ...........___, \ WATERLINE . . ~ '--S, 1 1,.,.0VEMENTS JJh -- 1 V v \ ~ ~ LEGEND ROSAMOND WATER -N-SWATER ---E-WWATER -SHADYBROOK WATER EXISTING 12" WATER --?~I+~i 12" EX.-!!~ Jll L _ WAIER II · /1 'I I --,, I S"E'.<J._..J...l..a, J/I \ . . I , I 11 I ~ C ~1 .! ' JI/ ~~ ~10i 9A -I[J !1:ll!Oi11i!lb\ .. :;/1-' ~H8Ht53~~ 11 · ' I ]"',, «>--'<>tt::2 \3 \:=\~Im~ . I l ~ "1 I ~ \ J~' /1 Exhibit F HOME BUYER DISCLOSURE PROGRAM The Administrator (as defined in the Service and Assessment Plan) shall facilitate notice to prospective homebuyers in accordance the following notices. Administrator shall monitor the enforcement of the following minimum requirements: I . Record notice of the special assessment district in the appropriate land records for the property. 2. Require builders to include notice of the special assessment district in addendum to contract on brightly colored paper. 3. Collect a copy of the addendum signed by each buyer from builders and provide to the City. 4. Require signage indicating that the prope11y for sale is located in a special assessment district and require that such signage be located in conspicuous places in all model homes. 5. Prepare and provide to builders an overview of the District for those builders to include in each sales packets. 6. Notify builders who estimate monthly ownership costs of the requirement that they must include special taxes in estimated property taxes. 7. Notify Settlement Companies through the builders that they are required to include special taxes on HUD 1 forms and include in total estimated taxes for the purpose of setting up tax escrows. 8. Include notice of the special assessment district in the homeowner association documents in conspicuous bold font. 9. The City will include announcements of the special assessment district on the City's web site and community channel. 10. The disclosure program shall be monitored by the Developer and Administrator. Exhibit G LANDOWNER AGREEMENT LANDOWNER AGREEMENT This LANDOWNER AGREEMENT (the "Agreement"), is entered into as of ________ , among the City of Anna, Texas (the "City"), a home-rnle municipality of the State of Texas (the "State"), and _________ , a Texas _____ (the "Landowner"). RECITALS: WHEREAS, capitalized terms used but not defined herein shall have the meanings given to them in the Service and Assessment Plan (as defined herein); and WHEREAS, Landowner owns the Assessed Property described by a metes and bounds description attached as Exhibit I to this Agreement and which is incorporated herein for all purposes, comprising all of the non-exempt, privately-owned land described in Exhibit I (the "Landowner Parcel") which is coterminous with the Sherley Tract Public Improvement District (the "District") in the City; and WHEREAS, the City Council has adopted an assessment ordinance (including all exhibits and attachments thereto, the "Assessment Ordinance") for the Authorized Improvements and the Sherley Tract Public Improvement District Service and Assessment Plan ( as updated and amended, the "Service and Assessment Plan") and which is incorporated herein for all purposes, and has levied an assessment on the Assessed Property in the District that will be used for the payment of certain infrastrncture improvements and to pay the costs of constrncting the Authorized Improvements that will benefit the Assessed Prope11y; and WHEREAS, the Declaration of Covenants, Conditions and Restrictions attached to this Agreement as Exhibit II and which are incorporated herein for all purposes includes the statutory notification required by Texas Property Code, Section 5.014, as amended, to be provided by the seller of residential prope1iy that is located in a public improvement district established under Chapter 372 of the Texas Local Government Code, as amended (the "PID Act"), to the purchaser. NOW, THEREFORE, for and in consideration of the mutual promises, covenants, obligations and benefits hereinafter set f01ih, the City and the Landowner hereby contract, covenant and agree as follows: DEFINITIONS; APPROVAL OF AGREEMENTS Definitions. Capitalized terms used but not defined herein (including each exhibit hereto) shall have the meanings ascribed to them in the Service and Assessment Plan. Affomation of Recitals. The findings set f011h in the Recitals of this Agreement are hereby incorporated as the official findings of the City Council. I. AGREEMENTS OF LANDOWNER A. Affirmation and Acceptance of Agreements and Findings of Benefit. Landowner hereby ratifies, confirms, accepts, agrees to, and approves: (i) the creation and boundaries of the District, and the boundaries of the Landowner's Parcel which are coterminous with the District, all as shown on Exhibit I, and the location and development of the Authorized Improvements on the Landowner Parcel and on the property within the District; (ii) the dete1minations and findings as to the benefits by the City Council in the Service and Assessment Plan and the Assessment Ordinance; and (iii) the Assessment Ordinance and the Service and Assessment Plan. B. Acceptance and Approval of Assessments and Lien on Prope1iy. Landowner consents to, agrees to, acknowledges and accepts the following: (i) each Assessment levied by the City on the Assessed Prope1ty within the District (the "Assessments"), as shown on the assessment roll attached as Appendix_ to the Service and Assessment Plan (the "Assessment Roll"); (ii) the Authorized Improvements specially benefit the District, and the Landowner's Parcel, in an amount at least equal to the Assessment levied on the Landowner's Parcel within the District, as such Assessment is shown on the Assessment Roll; (iii) each Assessment is final, conclusive and binding upon Landowner and any subsequent owner of the Assessed Prope1ty, regardless of whether such landowner may be required to prepay a portion of, or the entirety of, such Assessment upon the occurrence of a mandatory prepayment event as provided in the Service and Assessment Plan; (iv) the obligation to pay the Assessment levied on the Assessed Property owned by it when due and in the amount required by and stated in the Service and Assessment Plan and the Assessment Ordinance; (v) each Assessment or reassessment, with interest, the expense of collection, and reasonable attorney's fees, if incurred, is a first and prior lien against the Assessed Property, superior to all other liens and monetary claims except liens or monetary claims for state, county, school district, or municipal ad valorem taxes, and is a personal liability of and charge against the owner of the Assessed Property regardless of whether such owner is named; (vi) the Assessment lien on the Assessed Property is a lien and covenant that runs with the land and is effective from the date of the Assessment Ordinance and continues until the Assessment is paid and may be enforced by the governing body of the City in the same manner that an ad valorem tax lien against real property may be enforced by the City; ( vii) delinquent installments of the Assessment shall incur and accrue interest, penalties, and attorney's fees as provided in the PID Act; (viii) the owner of a Assessed Property may pay at any time the entire Assessment, with interest that has accrued on the Assessment, on any parcel in the Landowner Parcel; (ix) the Annual Installments of the Assessments (as defined in the Service and Assessment Plan and Assessment Roll) may be adjusted, decreased and extended; and, the assessed parties shall be obligated to pay their respective revised amounts of the Annual Installments, when due, and without the necessity of further action, assessments or reassessments by the City, the same as though they were expressly set fo11h herein; and (x) Landowner has received, or hereby waives, all notices required to be provided to it under Texas law, including the PID Act, prior to the Effective Date (defined herein). C. Mandat01y Prepayment of Assessments. Landowner agrees and acknowledges that Landowner or subsequent landowners may have an obligation to prepay an Assessment upon the occmTence of a mandatory prepayment event, at the sole discretion of the City and as provided in the Service and Assessment Plan, as amended and updated. D. Notice of Assessments. Landowner further agrees as follows: (i) the Declaration of Covenants, Conditions and Restrictions in the fo1m attached hereto as Exhibit II shall be terms, conditions and provisions running with the Landowner Parcel and shall be recorded (the contents of which shall be consistent with the Assessment Ordinance and the Service and Assessment Plan as reasonably determined by the City), in the records of the County Clerk of Collin County, as a lien and encumbrance against such Assessed Prope11y, and Landowner hereby authorizes the City to so record such documents against the Assessed Prope11y owned by Landowner; (ii) in the event of any subdivision, sale, transfer or other conveyance by the Landowner of the right, title or interest of the Landowner in the Landowner's Parcel or any part thereof, the Landowner's Parcel, or any such part thereof, shall continue to be bound by all of the terms, conditions and provisions of such Declaration of Covenants, Conditions and Restrictions and any purchaser, transferee or other subsequent owner shall take such Assessed Prope1iy subject to all of the te1ms, conditions and provisions of such Declaration of Covenants, Conditions and Restrictions; and (iii) Landowner shall comply with, and shall contractually obligate (and, upon the City's request, promptly provide written evidence of such contractual provisions to the City) any paiiy who purchases any Assessed Prope1iy owned by Landowner, or any portion thereof, for the purpose of constructing residential prope1iies that are eligible for "homestead" designations under State law, to comply with, the Homebuyer Education Program described on Exhibit III to this Agreement. Such compliance obligation shall terminate as to each Lot if, and when, (i) a final certificate of occupancy for a residential unit on such Lot is issued by the City, and (ii) there is a sale of a Lot to an individual homebuyer, it being the intent of the undersigned that the Homebuyer Education Program shall apply only to a commercial builder who is in the business of constructing and/or selling residences to individual home buyers (a "Builder") but not to subsequent sales of such residence and Lot by an individual home buyer after the initial sale by a Builder. Notwithstanding the provisions of this Section, upon the Landowner's request and the City's consent, in the City's sole and absolute discretion, the Declaration of Covenants, Conditions and Restrictions may be included with other written restrictions running with the land on property within the District, provided they contain all the material provisions and provide the same material notice to prospective prope1iy owners as does the document attached as Exhibit II. II. OWNERSHIP AND CONSTRUCTION OF AUTHORIZED IMPROVEMENTS A. Ownership and Transfer of Authorized Improvements. Landowner acknowledges that the p01iion of the Authorized Improvements benefitting the Landowner Parcel and the land (or easements, as applicable) needed therefor shall be owned by the City as constructed and/or conveyed to the City and Landowner will execute such conveyances and/or dedications of public rights of way and easements as may be reasonably required to evidence such ownership, as generally described on the cmTent plats of the property within the District. B. Grant of Easement and License, Construction of Authorized Improvements. (i) Any subsequent owner of the Assessed Prope1iy shall, upon the request of the City or Landowner, grant and convey to the City or Landowner and its contractors, materialmen and workmen a temporary license and/or easement, as appropriate, to construct the Authorized Improvements on the Landowner Parcel within the District, to stage on the Landowner Parcel within the District construction trailers, building materials and equipment to be used in connection with such construction of the Authorized Improvements and for passage and use over and across pmts of the prope1ty within the District as shall be reasonably necessmy during the construction of the Authorized Improvements. Any subsequent owner of an Assessed Property may require that each contractor constructing the Authorized Improvements cause such owner of the Assessed Property to be indemnified and/or named as an additional insured under liability insurance reasonably acceptable to such owner of the Assessed Prope1ty. The right to use and enjoy any easement and license provided above shall continue until the construction of the Authorized Improvements is complete; provided, however, any such license or easement shall automatically terminate upon the recording of the final plat for the Landowner's Parcel in the real prope1ty records of Collin County, Texas. (ii) Landowner hereby agrees that any right or condition imposed by the Improvement Agreement, or other agreement, with respect to the Assessment has been satisfied, and that Landowner shall not have any rights or remedies against the City under the Sherley Tract Subdivision Improvement Agreement, or other agreement, with respect to the Assessments has been satisfied, and that Landowner shall not have any rights or remedies against the City under any law or principles of equity concerning the Assessments, with respect to the formation of the District, approval of the Service and Assessment Plan and the City's levy and collection of the Assessments. III. COVENANTS AND WARRANTIES; MISCELLANEOUS A. Special Covenants and Wananties of Landowner. Landowner represents and wanants to the City as follows: (i) Landowner is duly organized, validly existing and, as applicable, in good standing under the laws of the state of its organization and has the full right, power and authority to enter into this Agreement, and to perfo1m all the obligations required to be performed by Landowner hereunder. (ii) This Agreement has been duly and validly executed and delivered by, and on behalf of, Landowner and, assuming the due authorization, execution and delive1y thereof by and on behalf of the City and the Landowner, constitutes a valid, binding and enforceable obligation of such patty enforceable in accordance with its te1ms. This representation and warranty is qualified to the extent the enforceability of this Agreement may be limited by applicable bankrnptcy, insolvency, moratorium, reorganization or other similar laws of general application affecting the rights of creditors in general. (iii) Neither the execution and delivery hereof, nor the taking of any actions contemplated hereby, will conflict with or result in a breach of any of the provisions of, or constitute a default, event of default or event creating a right of acceleration, te1mination or cancellation of any obligation under, any instrnment, note, mmtgage, contract, judgment, order, award, decree or other agreement or restriction to which Landowner is a party, or by which Landowner or Landowner's Parcel is otherwise bound. (iv) Landowner is, subject to all matters of record in the Collin County, Texas Real Property Records, the sole owner of the Landowner's Parcel. (v) The Landowner's Parcel owned by Landowner is not subject to, or encumbered by, any covenant, lien, encumbrance or agreement which would prohibit (i) the creation of the District, (ii) the levy of the Assessments, or (iii) the constrnction of the Authorized Improvements on those portions of the property within the District which are to be owned by the City, as generally described on the cunent plats of the property within the District ( or, if subject to any such prohibition, the approval or consent of all necessmy patties thereto has been obtained). (vi) Landowner covenants and agrees to execute any and all documents necessmy, appropriate or incidental to the purposes of this Agreement, as long as such documents are consistent with this Agreement and do not create additional liability of any type to, or reduce the rights of, such Landowner by viitue of execution thereof. B. Waiver of Claims Concerning Authorized Improvements. The Landowner, with full knowledge of the provisions, and the rights thereof pursuant to such provisions, of applicable law, waives any claims against the City and its successors, assigns and agents, pe11aining to the installation of the Authorized Improvements. C. Notices. Any notice or other communication to be given to the City or Landowner under this Agreement shall be given by delivering the same in writing to: To the City: With a copy to: To the Developer: City of Anna, Texas Attn: City Manager 111 N. Powell Parkway Anna, Texas 75409 Wolfe, Tidwell & McCoy, LLP Attn: Clark McCoy 2591 Dallas Parkway, Suite 300 Frisco, Texas 75034 MM Anna 325, LLC Attn: Mehrdad Moayedi 1800 Valley View Lane, Suite 300 Farmers Branch, Texas 75234 With a copy to: Miklos Cinclair, PLLC Attn: Robert Miklos 1800 Valley View Lane, Suite 360 Farmers Branch, Texas 75234 Any notice sent under this Agreement ( except as otherwise expressly required) shall be written and mailed, or sent by electronic or facsimile transmission confomed by mailing written confomation at substantially the same time as such electronic or facsimile transmission, or personally delivered to an officer of the recipient as the address set f01ih herein. Each recipient may change its address by written notice in accordance with this Section. Any communication addressed and mailed in accordance with this provision shall be deemed to be given when so mailed, any notice so sent by electronic or facsimile transmission shall be deemed to be given when receipt of such transmission is acknowledged, and any communication so delivered in person shall be deemed to be given when receipted for, or actually received by, the addressee. D. Pmiies in Interest. This Agreement is made solely for the benefit of the City and the Landowner and is not assignable, except, in the case of Landowner, in connection with the sale or disposition of all or substantially all of the parcels which constitute the Landowner's Parcel. However, the parties expressly agree and acknowledge that the City, the Landowner, each current owner of any parcel which constitutes the Landowner's Parcel, and the holders of or tmstee for any bonds secured by Assessment Revenues of the City or any pmi thereof to finance the costs of the Authorized Improvements, are express beneficiaries of this Agreement and shall be entitled to pursue any and all remedies at law or in equity to enforce the obligations of the parties hereto. This Agreement shall be recorded in the real prope1iy records of Collin County, Texas. E. Amendments. This Agreement may be amended only by written instmment executed by the City and the Landowner. No termination or amendment shall be effective until a written instmment setting f01ih the terms thereof has been executed by the then-current owners of the prope1iy within the District and recorded in the Real Prope1iy Records of Collin County, Texas. F. Effective Date. This Agreement shall become and be effective (the "Effective Date") upon the date of final execution by the latter of the City and the Landowner and shall be valid and enforceable on said date and thereafter. G. Estoppels. Within 10 days after written request from a party hereto, the other patty shall provide a written ce1tification, indicating whether this Agreement remains in effect as to an Assessed Property, and whether any party is then in default hereunder. H. Te1mination. This Agreement shall te1minate and be of no further force and effect as to the Assessed Prope11y upon payment in full of the Assessment(s) against such Assessed Property. [Signature pages to follow] [Signature Page Landowner Agreement] EXECUTED by the City and Landowner on the Effective Date. Date: -------- ST ATE OF TEXAS COUNTY OF COLLIN § § § CITY OF ANNA, TEXAS By: ___________ _ Mayor This instrnment was acknowledged before me on the _ day of ___ , 20_ by ____ , Mayor of the City of Anna, Texas on behalf of said City. Notmy Public, State of Texas (SEAL) Name printed or typed Commission Expires: _______ _ Date: ------ STATE OF TEXAS COUNTY OF ----- ) ) ) LANDOWNER a Texas --------- By:------------ its manager This instrnment was acknowledged before me on the_ day of _____ , 20_, by __________ in his capacity as Manager of _____________ , known to be the person whose name is subscribed to the foregoing instrnment, and that he executed the same on behalf of and as the act of Manager of ____________ _ Notary Public, State of Texas My Commission Expires: LANDOWNER AGREEMENT -EXHIBIT I METES AND BOUNDS DESCRIPTION OF LANDOWNER PARCEL LANDOWNER AGREEMENT -EXHIBIT II DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS This DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (as it may be amended from time to time, this "Declaration") is made as of ________ _ by ________________ a Texas _____ (the "Landowner"). RECITALS: A. The Landowner holds record title to that portion of the real prope1ty located in Collin County, Texas, which is described in the attached Exhibit I (the "Landowner's Parcel"). B. The City Council of the City of Anna (the "City Council") upon a petition requesting the establishment of a public improvement district covering the property within the District to be known as the Sherley Tract Public Improvement District (the "District") by the then current owners of 100% of the appraised value of the taxable real prope1ty and 100% of the area of all taxable real property within the area requested to be included in the District created such District, in accordance with the Public Improvement District Assessment Act, Chapter 372, Texas Local Government Code, as amended (the "PID Act"). C. The City Council has adopted an assessment ordinance to levy assessments for certain public improvements (including all exhibits and attachments thereto, the "Assessment Ordinance") and the Service and Assessment Plan included as an exhibit to the Assessment Ordinance (as amended from time to time, the "Service and Assessment Plan"), and has levied the assessments (the "Assessments") on prope1ty in the District. D. The statutory notification required by Texas Prope1ty Code, Section 5.014, as amended, to be provided by the seller of residential property that is located in a public improvement district established under Chapter 372 of the Texas Local Government Code, as amended, to the purchaser, is incorporated into this Declaration. DECLARATIONS: NOW, THEREFORE, the Landowner hereby declares that the Landowner's Parcel is and shall be subject to, and hereby imposes on the Landowner's Parcel, the following covenants, conditions and restrictions: 1. Acceptance and Approval of Assessments and Lien on Property: (a) Landowner accepts each Assessment levied on the Landowner's Parcel owned by such Landowner. (b) The Assessment (including any reassessment, the expense of collection, and reasonable attorney's fees, if incurred) is (a) a first and prior lien (the "Assessment Lien") against the property assessed, superior to all other liens or claims except for liens or claims for state, county, school district or municipality ad valorem property taxes whether now or hereafter payable, and (b) a personal liability of and charge against the owners of the prope1ty to the extent of their ownership regardless of whether the owners are named. The Assessment Lien is effective from the date of the Assessment Ordinance until the Assessments are paid and may be enforced by the City in the same manner as an ad valorem prope11y tax levied against real prope11y that may be enforced by the City. The owner of any assessed property may pay, at any time, the entire Assessment levied against any such prope11y. Foreclosure of an ad valorem property tax lien on prope11y within the District will not extinguish the Assessment or any unpaid but not yet due Annual Installments of the Assessment, and will not accelerate the due date for any unpaid and not yet due Annual Installments of the Assessment. It is the clear intention of all parties to this Declaration, that the Assessments, including any Annual Installments of the Assessments (as such Annual Installments may be adjusted, decreased or extended), are covenants that run with the Landowner's Parcel and specifically binds the Landowner, its successors and assigns. In the event of delinquency in the payment of any Annual Installment of the Assessment, the City is empowered to order institution of an action in district com1 to foreclose the related Assessment Lien, to enforce personal liability against the owner of the real property for the Assessment, or both. In such action the real property subject to the delinquent Assessment may be sold at judicial foreclosure sale for the amount of such delinquent property taxes and Assessment, plus penalties, interest and costs of collection. 2. Landowner or any subsequent owner of the Landowner's Parcel waives: (a) any and all defects, iffegularities, illegalities or deficiencies in the proceedings establishing the District and levying and collecting the Assessments or the annual installments of the Assessments; (b) any and all notices and time periods provided by the PID Act including, but not limited to, notice of the establishment of the District and notice of public hearings regarding the levy of Assessments by the City Council concerning the Assessments; ( c) any and all defects, itTegularities, illegalities or deficiencies in, or in the adoption of, the Assessment Ordinance by the City Council; ( d) any and all actions and defenses against the adoption or amendment of the Service and Assessment Plan, the City's finding of a 'special benefit' pursuant to the PID Act and the Service and Assessment Plan, and the levy of the Assessments; and ( e) any right to object to the legality of any of the Assessments or the Service and Assessment Plan or to any of the previous proceedings connected therewith which occutTed prior to, or upon, the City Council's levy of the Assessments. 3. Amendments: This Declaration may be te1minated or amended only by a document duly executed and acknowledged by the then-current owner(s) of the Landowner's Parcel and the City. No such termination or amendment shall be effective until a written instrument setting f011h the terms thereof has been executed by the patties by whom approval is required as set forth above and recorded in the real Property Records of Collin County, Texas. 4. Third Party Beneficiary: The City is a third party beneficimy to this Declaration and may enforce the terms hereof. 5. Notice to Subsequent Purchasers: Upon the sale of a dwelling unit within the District, the purchaser of such property shall be provided a written notice that reads substantially similar to the following: TEXAS PROPERTY CODE SECTION 5.014 NOTICE OF OBLIGATION TO PAY PUBLIC IMPROVEMENT DISTRICT ASSESSMENT TO THE CITY OF ANNA, COLLIN COUNTY, TEXAS CONCERNING THE PROPERTY AT [Street Address] As the purchaser of this parcel of real property, you are obligated to pay an assessment to the City of Anna, Texas, for improvement projects undertaken by a public improvement district under Chapter 372 of the Texas Local Government Code, as amended. The assessment may be due in periodic installments. The amount of the assessment against your property may be paid in full at any time together with interest to the date of payment. If you do not pay the assessment in full, it will be due and payable in annual installments (including interest and collection costs). More info1mation concerning the amount of the assessment and the due dates of that assessment may be obtained from the City of Anna, 111 N. Powell Parkway, Anna, Texas 75409 Your failure to pay the assessment or the annual installments could result in a lien and in the foreclosure of your prope1ty. Signature of Purchaser(s) ___________ _ Date: --------- The seller shall deliver this notice to the purchaser before the effective date of an execut01y contract binding the purchaser to purchase the prope1ty. The notice may be given separately, as part of the contract during negotiations, or as pmt of any other notice the seller delivers to the purchaser. If the notice is included as pmt of the executo1y contract or another notice, the title of the notice prescribed by this section, the references to the street address and date in the notice, and the purchaser's signature on the notice may be omitted. EXECUTED by the undersigned on the date set forth below to be effective as of the date first above written. STATE OF TEXAS COUNTY OF ----- ) ) ) LANDOWNER a Texas --------- By: ________ _ its manager This instmment was acknowledged before me on the_ day of _____ , 20_, by ________ in his capacity as Manager of ____________ , known to be the person whose name is subscribed to the foregoing instmment, and that he executed the same on behalf of and as the act of Manager of -------------- Notary Public, State of Texas My Commission Expires: LANDOWNER AGREEMENT -EXHIBIT Ill HOMEBUYER EDUCATION PROGRAM As used in this Exhibit III, the recorded Notice of the Authorization and Establishment of the Sherley Tract Public Improvement District and the Declaration of Covenants, Conditions and Restrictions in Exhibit II of this Agreement are referred to as the "Recorded Notices." 1. Any Landowner who is a Builder shall attach the Recorded Notices and the final Assessment Roll for such Assessed Prope1ty ( or if the Assessment Roll is not available for such Assessed Prope1ty, then a schedule showing the maximum 30 year payment for such Assessed Prope1ty) as an addendum to any residential homebuyer's contract. 2. Any Landowner who is a Builder shall provide evidence of compliance with Paragraph 1 above, signed by such residential homebuyer, to the City, upon the City's request. 3. Any Landowner who is a Builder shall prominently display signage in its model homes, if any, substantially in the fmm of the Recorded Notices. 4. If prepared and provided by the City, any Landowner who is a Builder shall distribute infmmational brochures about the existence and effect of the District in prospective homebuyer sales packets. 5. Any Landowner who is a Builder shall include Assessments in estimated prope1ty taxes, if such Builder estimates monthly ownership costs for prospective homebuyers. 00. .... 00. ~ < ~;... z ~ oz ~o ~ 00. i:Q r.--:1 ; c5 ~~ 0~ u~ = N Z .... ~ 0 ·-"""""' ..-1 :S E-d·• ~A~ r.--:1 z E--< 00. c., ~ z~ .... ~ u .... z~ <0 zr-. .... E--r-. r-. ~~ OA i:Q A .... ~ ;... E--.... u City of Anna, Texas DAAFTfordlSQISSlon purposMonly Sherley Tract Public Improvement District Development Plan TOTAL SHERLEY TRACT PROJECT Expected Expected Expected Expected Project Paper Lot Finished Lot Build Out Paper Category No. of Units Unit Value Unit Value Unit Value Value Type 1 (40') 143 $ 1 9,152 s 48,000 s 240 ,000 $ 2 ,738,705 Type 2 (50') 241 21,845 54 ,750 273,750 5,264.645 Type 3 (60') 13 9 26,214 65 ,700 328,500 3,643,746 Type 4 (70') 6 1 22,775 68,250 341 ,250 1 ,389 ,271 Type 5 (80') 20 26,028 78 ,000 390,000 520,570 Type 6(TH) 190 1 7,955 45,000 225 ,000 3,411,450 Type 7 (SL) 27 45,080 U0,600 603 ,000 1,2 17,1 68 82 1 $ 18 ,1 85 ,554 No t es: Expected Project Finished Lots Value $ 6,864,000 13,194,75 0 9,132,300 4,1 63 ,250 1,560,000 8,550,000 3,256,200 $ 4 6. 720,500 As reported by the Develop er o n May 5, 2020 . Subject to change. Expected Paper Lot Value calcula t e d at 33.37 % t o 39.9% of the Expected Finished Lot Value as per previous rati os provided by the Developer. "SL " is a fourplex -one lo t pro du ces one fourplex at 5.120.000 per su bu nit or $600.000 per fourplex:. Page 1 of 3 Expected Project Build Out Value $ 34,320,000 65 ,973,750 45 ,66 1,500 20 ,81 6,250 7,800,000 42 ,750,000 16,28 1,000 $ 233 ,602,500 5/28/2020 'E -~ ci ~ un C C t, !a "ii£~ ~ , ... ~ 0 0 " ..I:, 0 ,3 ~ ~ ~ ~ ,J O Q .... u~ .. J~i~ L ~ :, ~ H'h ~; ~ ~ .q ~ • 0 ii ~ g ~ if g " 5 ·" i i ~ , ~ ~ q • q 1 !:! r• ~~ C § & a ~f a , R~ ~ 8 H ~ .. <f It ~ H ·t g 1:1 ~ i ~ ~ 9. ~ ~ • " ~ d G' ~ ii d ~ ~~a~ ~~~8~~~n~~~~~~ii ,i€~ §§§~~§~§ s~t§§s§~~~~§ § ~~§ ~ei~c~e~c~f~!a~~~~~~Ef~ ~~t ~~~~~8~~8~~~Dl88~~Dl~88888~~88 ~ ~ i~Sf~f mfS~S~~~~ ~~f~~~~~~§~~~~~!! ~~a ~~~~§§§~~t ~§~~~t~a~s t aa ~~t e t ~ E i ii iii i i ij iii i i i iii ii i iii i ~ i iii ii ~ ~~ ; I i 1~1 s: Dl 1,1 t:: t i:i It! f µ I:( la 1o ; t ic: ti c: t;; 1~ "' ~ I• ~ [';' ~~t§~.Slo~•~i!~j~}!~M•~t!~•~•oo~' ·· Clty of Anna, Texas OltAFT br ch a ••la.n p-uq,o•• on Sherley Tract Publiclmpr011ement District PROJECTED TAX STATEMENT Projected TnStat2ment nix T3lc T3lc Tax TU True Tax 2019 Levyon Levy on Levy on levy on Levy on Levy on Levy on Ta • $240,000 S273,750 S328,500 $34 1,250 5390 ,000 S225,000 S601,000 Rate 40' Home SO' Home 60' Home 70• Home 80' Home Townhame SLFourplex Clty of Ann a S 0.5913 S l.419.09 S l .618.65 S 1,942.38 S 2.017 .77 s 2.306.02 S l ,330 .4 0 S 3.565,47 Collin County 0.17 50 419.88 478.93 574.71 597.02 682 .31 333 .64 1,054.35 Collin County Commun ity College Dlsb'lct 0.0812 194 .93 222.35 266.81 277.17 316.n 182.75 489.77 Anna Independent School District 1.5584 3,764.04 4 ,23336 5,152.03 5,351.99 6,116.57 3,528.79 9 ,457.15 Total T.x lute S 2 .4158 $ 5,797 .95 S 6,613.28 S 7,935 .. 94 S S.243.96 S 9,421 .66 $ 5,435.57 $14,567.34 GROSS Avg .Annual In stallme nt a s a Tax Rate/Levy Equ iva lent S 0.9587 S 2.3 00.88 S 2.624.44 ~149.33 S 3,271.57 s 3,738.93 S 2,157 .0 8 S 5.780.97 Total GROSS Overlapping T.x lute/Levy plus Special Assessment $ 3.3745 $ 8,098 .83 S 9,237.73 S 11,085.27 S 11,515 .52 S 13,160 .60 S 7,592.65 ~348.31 •,oj~aed TIRZ Credltos Tax Rat~/Lr;y E,jui"'1•nt1'' S (0 .2857) s (685 .65 ) s [782.07) s [938.41l) s 1974 .91 ) S fl.li4,18) s 1642.80) S (1 ,722.70) Total Overlapping Tax Rat2/Levy ofter Proj ected nRZCretSt 1,i S 3.0888 $ 7,413.18 S 8,455.66 S 10,1 46.79 $10,540.6 1 S 12 ,046.42 S 6,949.86 S 18,625.6 1 +1/er Avg. JJn nua / lns r:,/lmen r as Tax Ra re /Levy Eq uivo ienr S 0.6730 S 1.615.23 $ 1,842.38 5 2,210.85 5 2,296.66 5 ],624 .75 5 l ,51428 S 4.1)58.27 P~ge 3ol 3 5/28/20 20 Filed and Recorded Official Public Records Stacey Kemp, County Clerk Collin County, TEXAS 06/12/2020 03:36:05 PM $47 0.00 DKITZMILLER 20200612000885590 Application for Zoning Change THE CTT\ OF Change of zoning classification (initial/stralght re- zoning} to: Planned Development using base zoning classification: D Specific Use Permit for: ><;c' /^xift.y.a*- '"i r>o NOTE: Failure to obtain final approval on this case within six months may constitute denial or withdrawal of this case by Council or Staff without refund of fees. Fees required for this application established by the City of Anna must be submitted simultaneously with this application for acceptance. D AG Agricultural District D SF-E Single-Family Residential - Large Lot D SF-1 Singte-Family Residential D SF-84 Single-Family Residential District - 84 D SF-72 Single-Family Residential District - 72 D SF-60 Single-Family Residential District - 60 D SF-Z Single-Family Residential District - Zero Lot Line Homes 0 SF-TH Single-Family Residential District Townhomes D MH-1 Manufactured Home District D MH-2 Manufactured Home Park District D TF Two-Family Residential D MF-1 Multiple-Family Residential - Low Density D MF-2 Multiple-Family Residential - High Density D C-l Restricted Commercial D C-2 General Commercial D NC Neighborhood Convenience District D CBRD Central Business Redevelopment District D C-3 Planned Center District n 0-1 Office District D 1-1 Light Industrial District D 1-2 Heavy Industrial District B/PD Planned Development District D THOR Thoroughfare Overlay District D F-B Food and Beverage Overlay District r V«^-s<- L^^-'^*- <" <:>T? ^e*^'^ .\\^r^ ^e^^.^ Mu-1 t-<f^»« . l^ _-<nc/ _6MVtii>«</ic.^l *(w/ p*rm*4*<' Planning & Development Department 3223 N. Powell Parkway . Anna, TX 75409 . 972.924.2616 . www.annatexas.gov Owner Authorization and Representative Designation THE CIT^ OF Subdivision:H^; <.<»<- (^<k F>0 Zoning Classification(s): Location: _'7$ _02_ Total Number of Acres: Total Number of Lots: _ /^ <. 'C2c^s<»»o^J Name/Company:. Address: ^^^« M/^l A^»t<^.52$ , ^C <^^ v;<J=^. ^sT Rr«^,U.State: TV Zip Code: .^IS^.'S ^ Email:^^^.o(l^^^r (^c^^l-Co'^ City; Phone: "2.1*1 -1'Z^S SS.K? Project Representation (check one): S I will represent the application myself; OR D I hereby designate _ (name of project representative) to act in the capacity as my agent for submittat, processing, representation, and/or presentation of this request. The designated agent shall be the principal contact person for responding to all requests for information and for resolving all issues of concern relative to this request. I hereby certify that I am the property owner of the property and further certify that the information provided on this development application is true and correct. I have selected the above submittal type, representation, and landscape incentive of my own volition and not at the^request ofythe City of Anna. &.Property Owner's Signature: STATE OF: T^»«~*> D3tS:_^.z- zz COUNTY OF: C^»-S BEFORE ME, a Notary Public, on this day personally appeared (printed property owner's name) the above signed, who, under oath, stated the following: "I hereby certify that I am the property owner for the purposes of this application; that all information submitted herein is true and correct." SUBSCRIBED AND SWORN TO before me, this the '^'T- %^ MATTHEW KOLLINGER Notary Public, State of Texas Comm. Expires 03-14-2026 Notary ID 13364280R <^it4r ,20 ^-z- PUBLIC in and for the State of Texas D Engineer D Purchaser D Tenant Name: Company:. Address: City: Phone: D Preparer D Email: Other (specify): State:Zip Code:. Planning & Development Department 3223 N. Powell Parkway . Anna, TX 75049 . 972.924.2616 . www.annatexas.eov