HomeMy WebLinkAboutRes 2015-02-13 Creating The Villages of Hurricane Creek PID RECORDEDCITY OF ANNA, TEXAS
RESOLUTION NO. 2015-02-13
A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING AND
CREATING THE VILLAGES OF HURRICANE CREEK PUBLIC
IMPROVEMENT DISTRICT IN ACCORDANCE WITH CHAPTER 372 OF
THE TEXAS LOCAL GOVERNEMENT CODE; PROVIDING FOR
RELATED MATTERS; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Anna, Texas ("City"), is authorized under Chapter 372 of the
Texas Local Government Code (the "Act"), to create a public improvement district within its city
limits; and
WHEREAS, on August 29, 2014, Villages of Hurricane Creek, LP, a Texas limited
partnership, and Don Collins, individually, Ted K. Tedford, individually, and Steve Cameron,
individually (collectively, the "Petitioners"), submitted and filed with the City Secretary of the
City a petition (the "Petition") requesting the establishment of a public improvement district for
property within the city limits of the City; and
WHEREAS, the Petition requested the creation of the Villages of Hurricane Creek Public
Improvement District (the "District"), which District is located within the city limits of the City
and more particularly depicted and described by metes and bounds in Exhibit A (the "Pro e ")
attached hereto and incorporated herein for all purposes; and
WHEREAS, the City Council of the City (the "City Council") has investigated and
determined that the facts contained in the Petition are true and correct; and
WHEREAS, after publishing notice in a newspaper of general circulation in the City, and
mailing notice of the hearing, all as required by and in conformity with the Act, the City Council
opened a public hearing on the advisability of the improvements and services on September 23,
2014 and continued the public hearing at each subsequent regular meeting until the regular meeting
held on February 24, 2015 at 7:30p.m. at which time the public hearing was concluded and closed;
and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ANNA, TEXAS:
Section 1. The findings set forth in the recitals of this Resolution are found to be true and
correct.
Section 2. The Petition submitted to the City by the Petitioners was filed with the City
Secretary and complies with Section 372.005 of the Act.
Section 3. Pursuant to the requirements of the Act, including, without limitation, Sections
372.006, 372.009(a), and 372.009(b), the City Council of the City, after considering the Petition
and the evidence and testimony presented at the public hearing on September 23, 2014, and every
subsequent regularly scheduled City Council meeting through and including February 24, 2015,
hereby finds and declares:
(a) Advisability of the Proposed Improvements. It is advisable to create the District to
provide the Authorized Improvements (as described below). The Authorized
Improvements are feasible and desirable and will promote the interests of the City and
will confer a special benefit on the Property.
(b) General Nature of the Authorized Improvements. The purposes of the District
include the design, acquisition, construction, and improvement of public improvement
projects authorized by the Act (the "Authorized Improvements") that are necessary for
the development of the Property, which Authorized Improvements may include: i)
street and roadway improvements, including related sidewalks, drainage, utility
relocation, signalization, landscaping, lighting, signage, off-street parking and right-of-
way; (ii) establishment or improvement of parks and open space, together with the
design, construction and maintenance of any ancillary structures, features or amenities
such as trails, playgrounds, walkways, lighting and any similar items located therein;
(iii) sidewalks and landscaping, including entry monuments and features, fountains,
lighting and signage; (iv) acquisition, construction, and improvement of water,
wastewater and drainage improvements and facilities; (v) projects similar to those listed
in subsections (i) - (iv) above authorized by the Act, including similar off -site projects
that provide a benefit to the property within the District; (vi) payment of costs
associated with operating and maintaining the public improvements listed in
subparagraphs (i) - (v) above; and (vii) payment of costs associated with developing
and financing the public improvements listed in subparagraphs (i) - (v) above, and costs
of establishing, administering and operating the District. These Authorized
Improvements shall promote the interests of the City and confer a special benefit upon
the Property.
(c) Estimated Costs of the Authorized Improvements and Apportionment of Costs —
The estimated total costs of the Authorized Improvements is $30,000,000.00, which
costs shall be paid by assessment of the property owners within the proposed District.
The City will not be obligated to provide any funds to finance the Authorized
Improvements, other than from assessments levied on the Property. No municipal
property in the District shall be assessed. The developer of the property (the
"Developer") may also pay certain costs of the Authorized Improvements from other
funds available to the Developer.
(d) Boundaries of the District. The District is proposed to include approximately
368.2 acres of land generally located north of FM 455, west of Interstate Highway 75, and
east of Anna's western city limits as more particularly depicted and as more properly
described in the metes and bounds described in Exhibit A attached hereto.
(e) Proposed Method of Assessment — The City shall levy an assessment on each parcel
of the Property within the District in a manner that results in imposing equal shares of
the costs on properly similarly benefited. All assessments, including interest, may be
paid in full at any time, and certain assessments may be paid in annual installments,
with interest. If an assessment is allowed to be paid in installments, then the
installments must be paid in amounts necessary to meet annual costs for those
Authorized Improvements financed by the assessments, and must continue for a period
necessary to retire the indebtedness for those Authorized Improvements (including
interest).
(f) Management of the District. The District shall be managed by the City, which may
obtain the assistance of a consultant, who shall, from time to time, advise the City
regarding certain operations of the District.
(g) Advisory Board. The District shall be managed without the creation of an advisory
body.
Section 4. The Villages of Hurricane Creek Public Improvement District is hereby
authorized and created as a public improvement district under the Act in accordance with the
findings of the City Council as to the advisability of the Authorized Improvements contained in
this Resolution, the nature and. the estimated costs of the Authorized Improvements, the boundaries
of the District, the method of assessment and the apportionment of costs as described herein.
Section 5. Notice of this Resolution authorizing the District shall be given by publishing
such notice once in a newspaper of general circulation in the City, provided that the City shall not
publish notice of this Resolution until the City and the Petitioners have fully executed and
delivered a certain Subdivision Improvement Agreement in form and substance acceptable to the
City. If said Subdivision Improvement Agreement is not fully executed and delivered by
Petitioners and the City on or before February 28, 2015, then notice of this Resolution shall not be
published and this Resolution shall not take effect and shall be null and void. Authorization and
establishment of the District shall be effective only upon the publication of such notice
PASSED, APPROVED AND ADOPTED on the 24th day o Zuar ; � 5
Mike Crist, Mayor
ATTEST:
y� A��
N; ha Wilkison, City Secretary
APPROVED AS TO FORM:
G
Clark —McCoy, City Attorne
EXHIBIT A
PUBLISHERS AFFIDAVIT
Proof of Publication
The State of Texas
County of Grayson:
Before me, the undersigned, a Notary Public in and for Grayson County, Texas,
this day personally appeared Linda Dixon who, being duly sworn, according to
law, says that she is the Classifieds Manager of the Anna -Melissa Tribune, a weekly
newspaper published at 278 N. Dallas, Van Alstyne, Texas, in said county and state,
and that CITY OF ANNA PUBLIC NOTICE REGARDING RESOLUTION
NO. 2015-02-13 was published in said newspaper on March 19, 2015.
Classifieds Manager
Subscribed and sworn to before me, a Notary Public, this day of / ,, , 2015
PEGGY SCHOGGIN
Notary Public, State
of Texas
My Cnntmission Expires
March 06, 2016
Exhibit A
Metes and Bounds Description and Depiction
of the Property
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N 89°52'55"E
465.63' N89°11'00"ES00°10'57"W
794.06' `232.18'
N89°15'32"E, 742.56-
N23°08'27"W
67.47'
— N88°26'26"W
365.15'
4'27"W
387. 1'
PELOTON
I ' LAND SOLUTIONS
103]5 JOHN W. ELLIOT DR STE 4001 FRISCO, U 7W0 14-2111600
S90°00'00"E, 1755.97'
N89°56'127 1184.36'
S01 °06'39"E
R=700.00' 55.96'
=205.39'
D=16°48'41"
CB=S7°17' 41" W
CD=204.65
S 15°42'02"W, 121.60-
R=700.00'
=205.39'
D=16°48'41"
CB=S7°17'41" W
CD=S7'17'
.65
R=699.99'
=116.43'
D=9°31'48"
CB=S3°39'15"W
CD=116.30
R=700.03'
=101.69'
D=8°19'23"
CB=S4°15'28"W
CD=101.60
R=700.00'
=530.61'
D=43°25'52"
CB=S21 °48'40"W
CD=518.00
R=400.00' S43°31'37"W, 310.13'
=25.41'
D=00°02'48"
CB=S43°40'02"W
CD=25.41
S00°56'11"E
265.80' N89°44'50"
587.06'
EXHIBIT A - DEPICTION OF PROPERTY
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VILLAGES OF •
HURRICANE CREEK
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BEING all that certain tract of land situated in then Joseph Boyle Survey, Abstract
Number 105, the John Coffman Survey, Abstract Number 197 the J. M. Kincade Survey,
Abstract Number 509 J. W. Mitchel Survey, Abstract Number 565 the W. Rattan
Survey, Abstract Number 752 and the T. Rattan Survey, Abstract Number 785, Collin
County, Texas and being all of a called 262.41 acre tract as described by deed to
Villages of Hurricane Creek, LP recorded in Volume 5430, Page 9864 of County
Records, Collin County, Texas and being part of a called 114.252 acre of land described
by deed to Don Collins, et al recorded in Volume 5257, Page 4877 of said County
Records and being more particularly described by metes and bounds as follows:
BEGINNING at the southeast corner of said 262.41 acre tract, in the west line of said
114.252 acre tract:
THENCE S 89°5424"W, 2687.84 feet;
THENCE N 00°04'27"W, 387.21 feet;
THENCE N 89°58'14"W, 849.21 feet;
THENCE N 03°33'44"E, 1188.00 feet;
THENCE N 88°26'26"W, 365.15 feet;
THENCE N 23°08'27"W, 67.47 feet;
THENCE N 02048'15"E, 1930.31 feet;
THENCE N 89°52'55"E, 465.63 feet;
THENCE N 89°15'32"E, 742.56 feet;
THENCE S 90°00'00"E, 1755.97 feet to the northeast corner of said 262.41 acre tract of
land and being the northwest corner of said 114.252 acre tract;
THENCE N 89°11'00"E, 794.06 feet;
THENCE S 00°10'57"W, 232.18 feet;
THENCE N 89°56'12"E, 1184.36 feet;
THENCE S 01°06'39"E, 55.96 feet to the beginning of a curve to the right;
THENCE with said curve to the right, an arc distance of 205.39 feet, through a central
angle of 16°4841", having a radius of 700.00 feet, the long chord which bears S
07°17'41"W, 204.65 feet;
THENCE S 15°42'02"W, 121.60 feet;
THENCE with said curve to the left, an arc distance of 205.39 feet, through a central
angle of 1648'41", having a radius of 700.00 feet, the long chord which bears S
07°17'41"W, 204.65 feet;
THENCE S 01°06'39"E, 201.55 feet;
THENCE with said curve to the right, an arc distance of 116.43 feet, through a central
angle of 09°31'48", having a radius of 699.99 feet, the long chord which bears S
03°39'15"W, 116.30 feet;
THENCE S 08°25'09"W, 393.86 feet;
THENCE with said curve to the left, an arc distance of 101.69 feet, through a central
angle of 08°19'23", having a radius of 700.03 feet, the long chord which bears S
04°15'28"W, 101.60 feet;
THENCE S 00°05'44"W, 1035.62 feet;
THENCE with said curve to the right, an arc distance of 530.61 feet, through a central
angle of 43°2552", having a radius of 700.00 feet, the long chord which bears S
21°48'40"W, 518.00 feet;
THENCE S 43°31'37"W, 241.38 feet;
THENCE with said curve to the right, an arc distance of 25.41 feet, through a central
angle of 00°02'48", having a radius of 400.00 feet, the long chord which bears S
4340'02"W, 25.41 feet;
THENCE N 89°44'50"W, 655.06 feet;
THENCE S 00°56'11"E, 265.80 feet to the Point of Beginning and containing 16,037,378
square feet or 368.2 acres of land more or less.
_PELOTON
LAND SOLUTIONS
1075 JOHN W. EW
OTT DR STE. 4001 FRISCO. T%75033 1 4 6421&1800
EXHIBIT Al - METES AND BOUNDS
VILLAGES OF
HURRICANE CREEK
Exhibit 6
Authorized Improvements with their
Estimated Costs & Map
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PROPOSED SEWER/FORCEMAIN
PROPOSED WATER
PROPOSED ROADS
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EXHIBIT B - OVERALL MAP
PELOTON VILLAGES OF
u�W LAND SOLUTIONS HURRICANE CREEK
10915 JOHN W. EW OR OR STE 4001 PRISCO, TX]50331464213�1800
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Exhibit C
Amenity Center
,sell
P E LOTO N
' I LAND SOLUTIONS
109]5 JOHN W. ELLIOTT OR STE. 4001 FRISCO. -M33
♦♦� I�`� �i iiiiiii
♦ ���r /iI
AMENITY t .25 ACRES Ll A I
EXHIBIT C - AMENITY CENTER IMPROVEMENTS
AND MINIMUM STANDARDS
VILLAGES OF
HURRICANE CREEK
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Exhibit D-1
Roadway Improvements — Phase 1
120' ROW
2 - 25' B -B LANES i
I
I
80' ROW
2 - 25' B -B LANES
I
i PROP. 12'TJRN LANE
i WITH 4' SHOO DER
THE PHASE 1 OFFSITE ROADWAY FACILITIES SHALL INCLUDE THE FOLLOWING:
1) A 12 FOOT BY 510 FOOT ASPHALT TURN LANE WITH 4 FOOT SHOULDER
LOCATED ON THE NORTH SIDE OF FM 455 AS DEPICTED.
2) CONSTRUCTION OF A PORTION OF CR 368 AS DEPICTED WHICH SHALL
BE LOCATED IN A 120 FOOT WIDE RIGHT-OF-WAY DEDICATED TO THE CITY,
AND WHICH SAHLL INCLUDE THE CONSTRUCTION OF 4 CONCRETE LANES
DIVIDED BY A RAISED MEDIAN.
3) CONSTRUCTION OF THE OFFSITE PORTION OF THE COLLECTOR "B" ROADWAY
AS DEPICTED WHICH SHALL BE LOCATED IN AN 80 FOOT WIDE RIGHT-OF-WAY
DEDICATED TO THE CITY, AND WHICH SHALL INCLUDE THE CONSTRUCTION
OF 4 CONCRETE LANES DIVIDED BY A RAISED MEDIAN.
4) PERIMTER SIDEWALKS SHALL BE CONSTRUCTED ADJACENT TO ALL DIVIDED
ROADWAYS.
5) STREET LIGHTING WITHIN ALL RAISED MEDIANS SHALL BE PROVIDED AS PART
OF THE REQUIRED ROADWAY IMPROVEMENTS. ELECTRIC SERVICE LINES
FOR STREET LIGHTS SHALL BE LOCATED UNDERGROUND.
THE FINAL LOCATION AND ALIGNMENT OF THE PHASE 1 OFFSITE ROADWAY FACILITIES
SHALL BE SUBJECT TO APPROVAL BY THE CITY. THE DESIGN AND CONSTRUCTION OF
THE PHASE 1 OFFSITE ROADWAY FACILITIES SHALL CONFORM TO THE MOST CURRENT
CITY REGULATIONS. STATE OF TEXAS REGULATIONS SHALL APPLY WHERE APPLICABLE.
EXHIBIT D1 - ROADWAY IMPROVEMENTS
PHASE 1 ROADWAY(9
VILLAGES OF
€I':== P E LOTO N
nail LAND SOLUTIONS HURRICANE CREEK
1076JOHN W. EWOTT OR STE 4001 FRISCO, T%]5033146421�1fl00
Exhibit D-2
Collector "B" Roadway Improvements
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PHASE 2
,-e enc°"" /.r .F.� �",� .•(
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THE COLLECTOR "B" ROADWAY IMPROVEMENTS SHALL INCLUDE THE FOLLOWING:
1) CONSTRUCTION OF THE COLLECTOR "B" ROADWAY AS DEPICTED WHICH SHALL
BE LOCATED IN AN 80 FOOT WIDE RIGHT-OF-WAY DEDICATED TO THE CITY, AND
WHICH SHALL INCLUDE THE CONSTRUCTION OF 4 CONCRETE LANES DIVIDED BY
A RAISED MEDIAN.
2) PERIMETER SIDEWALKS SHALL BE CONSTRUCTED ADJACENT TO COLLECTOR "B".
3) STREET LIGHTING WITHIN ALL RAISED MEDIANS SHALL BE PROVIDED AS PART OF
THE REQUIRED ROADWAY IMPROVEMENTS. ELECTRIC SERVICE LINES FOR STREET
LIGHTS SHALL BE LOCATED UNDERGROUND.
STREET PAVEMENT ROW LENGTH PHASE
® COLLECTOR B 2 @ 25'13-13 80' 2155 LF
COLLECTOR B 2 @ 25' B -B 80' 285 LF
TOTAL 2440 LF
EXHIBIT D2 - COLLECTOR "B" ROADWAY IMPROVEMENTS
N
10�11 P E LOTO N
VILLAGES OF
o 800 ,saoi
LAND SOLUTIONS HURRICANE CREEK
GRAPHIC SCALE IN FEET
169]5 JOHu W. ELLIOTT OR. STE.4061 FftI5CO3 T%]50331464213 -18W
Exhibit D-3
Collector "C" Roadway Improvements
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THE COLLECTOR "C" ROADWAY IMPROVEMENTS SHALL INCLUDE THE FOLLOWING:
1) CONSTRUCTION OF THE COLLECTOR "C" ROADWAY AS DEPICTED WHICH SHALL
BE LOCATED IN AN 60 FOOT WIDE RIGHT-OF-WAY DEDICATED TO THE CITY, AND
WHICH SHALL INCLUDE THE CONSTRUCTION OF A 37 FOOT WIDE (B -B) CONCRETE
STREET.
STREET PAVEMENT ROW LENGTH PHASE
COLLECTOR C 1 @ 37' B -B 60' 1647 LF 1
® COLLECTOR C 1 @ 37' B -B 60' 2713 LF 2
TOTAL 4360 LF
EXHIBIT D3 — COLLECTOR "C" ROADWAY IMPROVEMENTS
i:s:i PELOTON VILLAGES OF
0 800 1800
li LAND SOLUTIONS HURRICANE CREEK
iosis.ro"vw.�uorrorzs�.nwiFr�sco,�zwaaiaevzi3ieoo GRAPHIC SCALE IN FEET
Exhibit D-4
Collector "D" Roadway Improvements
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- 55 75
THE COLLECTOR "D" ROADWAY IMPROVEMENTS SHALL INCLUDE THE FOLLOWING:
1) CONSTRUCTION OF THE COLLECTOR "D" ROADWAY AS DEPICTED WHICH SHALL
BE LOCATED IN AN 60 FOOT WIDE RIGHT-OF-WAY DEDICATED TO THE CITY, AND
WHICH SHALL INCLUDE THE CONSTRUCTION OF A 37 FOOT WIDE (B -B) CONCRETE
STREET.
STREET PAVEMENT ROW LENGTH
® COLLECTOR D 1 @ 37' B -B 60' 810 LF
EXHIBIT D4 — COLLECTOR "D" ROADWAY IMPROVEMENTS
_.°_' PELOTON VILLAGES OF
0 S00 1600
i 0
LAND SOLUTIONS HURRICANE CREEK
1075 JOHN Yl.ELLIOTT DR. STE 4001 PRISCO, TX ]5033 N64213-1900 GRAPHIC SCALE IN FEET
Exhibit D-5
FM 455 Roadway Improvements
U , . FM 455
THE FM 455 ROADWAY IMPROVEMENTS SHALL INCLUDE THE FOLLOWING:
1) CONSTRUCTION OF A PORTION OF FM 455 AS DEPICTED WHICH SHALL BE
LOCATED IN A 120 FOOT WIDE RIGHT-OF-WAY, AND WHICH SHALL INCLUDE
THE CONSTRUCTION OF 4 CONCRETE LANES DIVIDED BY A RAISED MEDIAN
PER TXDOT REGULATIONS, FROM US 75 TO CR 368.
2) PERIMETER SIDEWALKS SHALL BE CONSTRUCTED ADJACENT TO FM 455.
3) IF ALLOWED BY TXDOT, STREET LIGHTING WITHIN THE RAISED MEDIAN
SHALL BE PROVIDED AS PART OF THE REQUIRED ROADWAY IMPROVEMENTS.
ELECTRIC SERVICE LINES FOR STREET LIGHTS SHALL BE LOCATED UNDERGROUND
STREET ROW LENGTH
FM 455 120' 1200 LF
EXHIBIT D5 - FM 455 ROADWAY IMPROVEMENTS
VILLAGES OF
1.�=� E LOTO N
Il1l:i
111iLAND SOLUTIONS HURRICANE CREEK
10315 JOHN W.. EWOTT OR. STE 4001 PRISCO, TX 150 33 1 4 632131800
(9
0 800 1600
7A=7 SCALE IN FEET
Exhibit E
Home Buyer Disclosure Program
Exhibit E
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:
1. 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 property 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 I 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.
HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT — Page 36
Exhibit F
Landowner Agreement
LANDOWNER AGREEMENT
This LANDOWNER AGREEMENT (the "Agreement"), is entered into as of
'among the City of Anna, Texas (the "City"), a home -rule municipality of
the State of Texas (the "State"), and a Texas (the
"Landowner").
RECITALS:
WHEREAS, Landowner owns the Assessed Parcels described by a metes and bounds
description attached as Exhibit A to this Agreement and which is incorporated herein for all
purposes, comprising all of the non-exempt, privately -owned land described in Exhibit A (the
"Landowner Parcel") which is coterminous with the Villages of Hurricane Creek Public
Improvement District (the "District") in the City; and
WHEREAS, the City Council has adopted an assessment ordinance for the Authorized
Improvements (including all exhibits and attachments thereto, the "Assessment Ordinance") and
the Service and Assessment Plan included as an exhibit to the Assessment Ordinance (the
"Service and Assessment Plan") and which is incorporated herein for all purposes, and has levied
an assessment on each Assessed Parcel in the District (as identified in the Service and
Assessment Plan) that will be pledged as the security for the payment of bonds or other
obligations (the "Bonds") to be issued for the purpose of paying the costs of constructing the
Authorized Improvements that will benefit the Assessed Property (as defined in the Service and
Assessment Plan); and
WHEREAS, the Covenants, Conditions and Restrictions attached to this Agreement as
Exhibit B and which are incorporated herein for all purposes, include the statutory notification
required by Texas Property 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 (the "PID Act"), to the purchaser.
NOW, THEREFORE, for and in consideration of the mutual promises, covenants,
obligations and benefits hereinafter set forth, 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.
Affirmation of Recitals. The findings set forth 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 A,
and the location and development of the Authorized Improvements on the Landowner
Parcel and on the property within the District;
(ii) the determinations and findings as to the benefits by the City Council in
the Service and Assessment Plan and the Assessment Ordinance;
(iii) the Assessment Ordinance and the Service and Assessment Plan.
B. Acceptance and Approval of Assessments and Lien on Property. Landowner
consents to, agrees to, acknowledges and accepts the following:
(i) each Assessment levied on the Landowner's Parcel within the District, 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 in excess of 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 Landowner's Parcel, 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 Landowner's Parcel
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
Landowner's Parcel, 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 Landowner's Parcel regardless of
whether such owner is named;
(vi) the Assessment lien on the Landowner's Parcel 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 an Landowner's Parcel may pay at any time the entire
Assessment, with interest that has accrued on the Assessment, on any parcel in the
Landowner's 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 forth herein; and
(x) Landowner has received, or hereby waives, all notices required to be
provided to it under State law, including the PID Act, prior to the Effective Date (defined
herein).
C. Mandatory Prepayment of Assessments. Landowner agrees and acknowledges
that Landowner may have an obligation to prepay an Assessment upon the occurrence of a
mandatory prepayment event, as provided in the Service and Assessment Plan.
D. Notice of Assessments. Landowner further agrees as follows:
(i) the Covenants, Conditions and Restrictions attached hereto as Exhibit B
shall be terms, conditions and provisions running with the Landowner's 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
Landowner's Parcel, and Landowner hereby authorizes the City to so record such
documents against the Landowner's Parcel owned by Landowner;
(ii) reference to the Covenants, Conditions and Restrictions attached hereto as
Exhibit B shall be included on all recordable subdivision plats and such plats shall be
recorded in the real property records of Collin County, Texas;
(iii) 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 Covenants, Conditions and
Restrictions and any purchaser, transferee or other subsequent owner shall take such
Landowner's Parcel subject to all of the terms, conditions and provisions of such
Covenants, Conditions and Restrictions; and
(iv) Landowner shall comply with, and shall contractually obligate (and
promptly provide written evidence of such contractual provisions to the City) any party
who purchases any Landowner's Parcel owned by Landowner, or any portion thereof, for
the purpose of constructing residential properties that are eligible for "homestead"
designations under State law, to comply with, the Homebuyer Education Program
described on Exhibit C to this Agreement. Such compliance obligation shall terminate
as to each Lot (as defined in the Service and Assessment Plan) 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 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 property owners as does the document attached as Exhibit B.
II.
OWNERSHIP AND CONSTRUCTION OF
AUTHORIZED IMPROVEMENTS
A. Ownership and Transfer of Authorized Improvements. Landowner acknowledges
that all of the Authorized Improvements 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 current plats of
the property within the District.
B. Grant of Easement and License, Construction of Authorized Improvements.
(i) Any subsequent owner of the Landowner's Parcel shall, upon the request
of the City or Developer, grant and convey to the City or Developer and its contractors,
materialmen and workmen a temporary license and/or easement, as appropriate, to
construct the Authorized Improvements on the property within the District, to stage on
the property 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 parts of the property within the District as shall be
reasonably necessary during the construction of the Authorized Improvements. Any
subsequent owner of the Landowner's Parcel may require that each contractor
constructing the Authorized Improvements cause such owner of the Landowner's Parcel
to be indemnified and/or named as an additional insured under liability insurance
reasonably acceptable to such owner of the Landowner's Parcel. 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 property 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 Improvement Agreement, or 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 Warranties of Landowner.
Landowner represents and warrants 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 perform 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 delivery
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 terms. This
representation and warranty is qualified to the extent the enforceability of this Agreement
may be limited by applicable bankruptcy, 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,
termination or cancellation of any obligation under, any instrument, note, mortgage,
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 construction 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 current plats of the property within
the District (or, if subject to any such prohibition, the approval or consent of all necessary
parties thereto has been obtained).
(vi) Landowner covenants and agrees to execute any and all documents
necessary, 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 virtue 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, pertaining 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: Attn: City Manager
City of Anna, Texas
111 N. Powell Parkway
Anna, Texas 75409
With a copy to: Wolfe, Tidwell & McCoy, LLP
Attn: Clark McCoy
2591 Dallas Parkway, Suite 205
Frisco, Texas 75034
And to: Attn: Bond Counsel
McCall, Parkhurst & Horton, LLP
717 North Harwood, Suite 900
Dallas, TX 75201
To the Developer: CADG Hurricane Creek, LLC
1800 Valley View Lane
Suite 300
Farmers Branch, Texas 75234
With a copy to: Attn: Robert Miklos
Miklos Law, PLLC
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 confirmed by mailing written
confirmation at substantially the same time as such electronic or facsimile transmission, or
personally delivered to an officer of the recipient as the address set forth 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. Parties 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 bonds issued by the City to finance
the costs of the Authorized Improvements and which are secured by a pledge of the Assessments
or any part thereof, 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 property records of Collin County, Texas.
E. Amendments.
This Agreement may be amended only by written instrument executed by the City and
the Landowner. No termination or amendment shall be effective until a written instrument
setting forth the terms thereof has been executed by the then -current owners of the property
within the District and recorded in the Real Property 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 party shall provide a
written certification, indicating whether this Agreement remains in effect as to the Landowner's
Parcel, and whether any party is then in default hereunder.
H. Termination.
This Agreement shall terminate and be of no further force and effect as to the
Landowner's Parcel upon payment in full of the Assessment(s) against such Landowner's Parcel.
[Signature pages to follow]
Date:
EXECUTED by the City and Landowner on the respective dates stated below.
CITY OF ANNA, TEXAS
City Manager
[Signature Page Landowner Agreement]
LANDOWNER
a Texas
its manager
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the _ day of , 2015, by
in his capacity as Manager of ,
known to be the person whose name is subscribed to the foregoing instrument, and that he
executed the same on behalf of and as the act of Manager of
My Commission Expires:
Notary Public, State of Texas
[Signature Page Landowner Agreement]
LANDOWNER AGREEMENT - EXHIBIT A
METES AND BOUNDS DESCRIPTION OF LANDOWNER'S PARCEL
(as it
a
LANDOWNER AGREEMENT - EXHIBIT B
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
This DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
may be amended from time to time, this "Declaration") is made as of
by a Texas
(the "Landowner").
RECITALS:
The Landowner holds record title to that portion of the real property located in Collin
County, Texas, which is described in the attached Exhibit A (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 Villages of Hurricane Creek Public Improvement District (the
"District") by the then current owners of 100% of the appraised value of the taxable real
property 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 (as amended from time to time, the
"Assessments") on property in the District.
D. The statutory notification required by Texas Property 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 these Covenants, Conditions and Restrictions.
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 property 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
property tax levied against real property 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 property. Foreclosure of an ad valorem property tax lien
on property 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 these Declarations of Covenants,
Conditions and Restrictions, 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
court 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, irregularities, 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, irregularities, 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
occurred prior to, or upon, the City Council's levy of the Assessments.
3. Amendments: This Declaration may be terminated 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 forth the terms thereof has been executed by the parties 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 beneficiary 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 information 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 property.
Signature of Purchaser(s) Date:
The seller shall deliver this notice to the purchaser before the effective date of an
executory contract binding the purchaser to purchase the property. The notice may be
given separately, as part of the contract during negotiations, or as part of any other notice
the seller delivers to the purchaser. If the notice is included as part of the executory
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.
LANDOWNER
a Texas
its manager
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the _ day of
in his capacity as Manager of
be the person whose name is subscribed to the foregoing instrument, and that he
same on behalf of and as the act of Manager of
Notary Public, State of Texas
My Commission Expires:
20, by
known to
executed the
LANDOWNER AGREEMENT - EXHIBIT C
HOMEBUYER EDUCATION PROGRAM
As used in this Exhibit C, the recorded Notice of the Authorization and Establishment of the
Villages of Hurricane Creek Public Improvement District and the Covenants, Conditions and
Restrictions in Exhibit B 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 Parcel (or if the Assessment Roll is not available for such
Assessed Parcel, then a schedule showing the maximum 30 year payment for such Assessed
Parcel) as an addendum to any residential homebuyer's contract.
2. Any Landowner who is a Builder shall provide evidence of compliance with 1 above,
signed by such residential homebuyer, to the City.
3. Any Landowner who is a Builder shall prominently display signage in its model homes,
if any, substantially in the form of the Recorded Notices.
4. If prepared and provided by the City, any Landowner who is a Builder shall distribute
informational 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 property taxes,
if such Builder estimates monthly ownership costs for prospective homebuyers.
Exhibit G
Neighborhood Trails Plan
PHASE 1 TRAIL
PHASE 2 TRAIL
PHASE 3 TRAIL
PHASE 4 TRAIL
THE NEIGHBORHOOD TRAILS SHALL INCLUDE AN
8 FOOT WIDE CONCRETE HIKE AND BIKE TRAIL
ALONG THE APPROXIMATE ROUTE DEPICTED.
THE FINAL LOCATION AND ALIGNMENT OF THE
NEIGHBORHOOD TRAILS SHALL BE SUBJECT TO
APPROVAL BY THE CITY. THE DESIGN AND
CONSTRUCTION OF THE NEIGHBORHOOD TRAILS
SHALL CONFORM TO THE MOST CURRENT CITY
REGULATIONS.
J_1_LJ__I_ >� �.
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ILLECTOR'D'
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8' CONC TRAIL
EXHIBIT G - NEIGHBORHOOD TRAILS PLAN
VILLAGES OF
HURRICANE CREEK
PELOTON
II
LAND SOLUTIONS
1 W76 JOHN W. EWOTT
DR. STE 4001 FRISCO, TX 7503314642131600
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CJLC�LLTCJLL.] �
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PARK
8' CONC TRAIL
EXHIBIT G - NEIGHBORHOOD TRAILS PLAN
VILLAGES OF
HURRICANE CREEK
Exhibit G-1
Public Access Trails Plan
THE FINAL LOCATION AND ALIGNMENT OF THE
NEIGHBORHOOD TRAILS SHALL BE SUBJECT TO
APPROVAL BY THE CITY. THE DESIGN AND
CONSTRUCTION OF THE NEIGHBORHOOD TRAILS
SHALL CONFORM TO THE MOST CURRENT CITY
REGULATIONS.
,o� — ,iIIIIIIIIIIIIIIIIII
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IN
COLLECTORVEL
CITY
FUTUR
PARK , OO<
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8' CONC TRAIL
EXHIBIT G1 - PUBLIC TRAILS PLAN
`�
Ei;",` P E LOTO N
VILLAGES OF
�
1I111LAND SOLUTIONS HURRICANE CREEK
1075 JOHN W. ELLIOTT OR STE 4001 PRISCO, TX 750331464213-1 800
Exhibit H-1
Oversized Sanitary Sewer Facilities
THE FINAL LOCATION AND ALIGNMENT OF THE
OVERSIZED SANITARY SEWER FACILITIES SHALL
BE SUBJECT TO APPROVAL BY THE CITY. THE
DESIGN AND CONSTRUCTION OF THE OVERSIZED
SANITARY SEWER FACILITIES SHALL CONFORM TO
THE MOST CURRENT CITY REGULATIONS.
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15" SEWER 12" SEWER
'e
PROP LIFT STATION
(SEE H-2)
I=' P E LOTO N
I' I LAND SOLUTIONS
10.975JOH.N W. EUOTTOR. STE,4001 FRISCO. T 7509314693213.1600
Nfi
EXHIBIT H-1 - OVERSIZED SANITARY
SEWER FACILITIES
VILLAGES OF
HURRICANE CREEK
(o
0 800 1600
GRAPHIC SCALE IN FEET
Exhibit H-2
Offsite Sanitary Sewer Facilities
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SEE EXHIBIT H4 ��+I�i•..�,... �.__m._®__Jte.__I la
`° . 9 • "m i
I ' 1
8" FORCE MAIN
PROPOSED' ' PROPOSED
LIFT STATION FORCE MAIN
THE PROJECT LISFT STATION SHALL BE DESIGNED
AND CONSTRUCTED WITH SUFFICIENT CAPACITY
TO SERVE THE PROPERTY IN A FULLY DEVELOPED
CONDITION WITH A MINIMUM CAPACITY OF 0.90 MGD.
THE PROJECT LIFT STATION SHALL BE DESIGNED AND
CONSTRUCTED TO ACCOMMODATE A FUTURE EXPANSION
TO 2.0 MGD.
THE FINAL LOCATION AND ALIGNMENT OF THE
OFFSITE SANITARY SEWER FACILITIES SHALL
BE SUBJECT TO APPROVAL BY THE CITY. THE
DESIGN AND CONSTRUCTION OF THE OFFSITE
SANITARY SEWER FACILITIES SHALL CONFORM TO
THE MOST CURRENT CITY REGULATIONS.
i�__
P E LOTO N
LAND SOLUTIONS
10375 JOHN W. ELUM
DR STE.400I FRISCO, TX ]5033 14642131300
PROPOSED USGRAVIITY MAIN S
♦♦♦`
SFR
EXHIBIT H-2 - OFFSITE SANITARY
SEWER FACILITIES
VILLAGES OF
HURRICANE CREEK
EXISTING THROCKMORTON
CREEK LIFT STATION
(o
0 1000 2000
GRAPHIC SCALE IN FEET
Exhibit H-3
Throckmorton Creek Sanitary Sewer
Interceptor
PROPOSED BHC
SEWER ALIGNMENT
PER 12/31/13 MEMO
TAYLOR
EXISTING NTMWD
METER STATION
SEE EXHIBIT H-2
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=X
mZ
EXISTING THROCKMORTON
CREEK LIFT STATION
(TO BE ABANDONED UPON
CONSTRUCTION OF GRAVITY
SEWER EXTENSION)
THE FINAL LOCATION, ALIGNMENT, DESIGN, AND _
CONSTRUCTION OF THE THROCKMORTON
CREEK SANITARY SEWER
BE SUBJECT OAP OVA BYINTERTHE CITY.OR SHALL ' COLL N COUNTY
OU ER LOOP
EXHIBIT H-3 - THROCKMORTON CREEK
SANITARY SEWER INTERCEPTOR
:_1:: N
l�__PELOTON VILLAGES OF
i= _
ii I 0 800 1600
LAND SOLUTIONS HURRICANE CREEK
GRAPHIC SCALE IN FEET
103]5 JOHN W. ELLIOTT DR STE d001 PRISCO, TX ]5033146421}1800
Exhibit I
Phase 1 Development Plan
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OOLIECTOR'O� - a ���
152 LOTS
P
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G'
75
EXHIBIT I - PHASE 1
DEVELOPMENT PLAN
'Nit PELOTON VILLAGES OF o 800 ,soo
pt
LAND SOLUTIONS HURRICANE CREEK
ioszs.wHNw.Eworrwtsre.noa1Fa�sco,rn�saaaias�ziaieoo GRAPHIC SCALE IN FEET
Exhibit J
Pending Zoning Application
PELOTON
LAND SOLUTIONS
August 15, 2014
Maurice Schwanke
Director of Planning and Development
City of Anna
101 N. Powell Pkwy
PO Box 776
Anna, TX 75409
RE. Villages of Hurricane Creek Zoning Submittal - Letter of Intent
Dear Mr. Schwanke,
On behalf of Centurion American Development, we respectfully request your consideration of the
attached Planned Development (PD) zoning application for the above referenced project. This zoning
submittal consists of approximately 368 total acres of land within the City of Anna. The uses proposed
for the Property follow the intent of the City of Anna Comprehensive Plan dated March 2010. It is the
intent of the Planned Development (PD) to offer greater flexibility for residential development. The
purpose of the district is to create a master planned community featuring a mixture of housing types in
a manner that will encourage sustainable neighborhoods and attract investment to the area. _Proposed
in this PD are integrated parks and open space to preserve areas designated within the 100 -year
floodplain. This will protect existing stream corridors and other physical assets as amenities. A fire
station will be incorporated in the development as well as amenity center,
The Villages of Hurricane Creek will include a specific lot type in order to achieve the goals established
for the district. The SF -84 lots will vary from 70'— 100' in width and from 120'— 150' in depth with lot
sizes at a minimum of 8,400 square feet.
We anticipate this PD will bring a vital addition to the City of Anna and we look forward to working with
your staff on this project.
Since l ,
r
Shea Kirkman, P.E.
....................................... ....................... ................................. .................................................................. .............................. .... ............... ........... I............................
TBPE FIRM NO, 12207 10875 JOHN W. ELLIOTT DR, I SUITE 400 1 FRISCO, TEXAS 75033 1 469.213.1800
TBPLS FIRM NO, 10193958 PELOTONLAND,COM
ZONING PROCEDURAL INFORMATION FOR APPLICANT
To Applicant:
You must -
1. Set an appointment with the Planning and Development's office @ 972-924-3325, to meet
with the Director of Planning & Development to review the zoning process and requirements.
2. Submit application, legal description with surveyor's stamp, map showing location of
property, a list of property owners (name and address) within 200 feet and the application fee.
The application fee is NOT refundable. Receipt of documents does not constitute acceptance
or approval.
3. Application(s) will NOT be accepted unless a meeting has been completed.
4. Initial appointment and application process must be complete by the 1St Wednesday of the
month in order to be placed on the next Planning and Zoning agenda.
5. Following the action of the Planning and Zoning Commission and prior to the scheduling of
consideration the application by the City Council, the applicant may withdraw the request. '
However, the application fee will not be refunded.
6. Following the 'recommendation of the PZC, the application and supporting documents are
transmitted to the City Secretary for scheduling of council consideration
7. At the Council meeting the applicationwill be presented with the Planning and Zoning
Commission's recommendation. New evidence not presented at the Commission hearing will
not be accepted by the Council, since such evidence must be available to the proponents, the
opponents, and the Commission.
8. An application recommended for approval or disapproval by the Commission, and in which
the Council concurs, requires a majority vote of the Council members present.
a. An application recommended for approval by the Commission requires only a
majority vote of the Council present to disapprove such application.
b. If the owner(s) of 20% of all property lying within 200 feet of the tract involved in the
application file a written objection to the application with the City Secretary, a 314's
vote of the entire City Council is required to grant the request.
CITY OF ANNA
Application for Zoning Change
M Zoninc Chance ❑ Specific Use Permit ® Planned Development
❑ Zoninc Verification Letter ❑ Zoning Compliance Inspection ❑ Site Plan
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.
Fees: Zoning - $300, plus $10 per acre Planned Development -$.500, plus $30 per acre
Specific Use - $300 plus $10 per acre, Zoning Compliance Inspection - $100
Zoning Verification Letter -5100 Site Plan -S250 one acre or less $300 more than one acre
Request Information
Location: Generally at the Northwest quadrant of FM 455 & IH 75
*Subdivision. Villages of Hurricane Creek Lot No- Block No. Size of Request
Existing Zoning ' PD & AG Requested Zoning/Use PD **see attacht7iE'.Ilt
*A metes and bounds description must be attached if the request is for: (A) a portion of a platted lot or (B) not a
platted lot.
Applicant/Owner Information
Key Contact Centurion American Telephone No. 469-892-7200 FAX No. 469-892-7201
Address 1221 N IH 35E Ste. 200
City. CarrolltonState T_ Zip Code 75006 Email sean(a)centurionamerican.com
Contacts Status: (check one) O Owner O Representative ❑ Tenant ZI Prospective Buyer
The owner's signature is required on this application and must be notarized, whether a single ow or a corporation.
This is to certify that I/We the undersigned, am/are the sole owner(s) of the p!attach
erty cribed above n the date of this
application, and have read and understood the Disclosure of Interest Form d t this a 'plic i and complete
same.
Owner please print Villages of Hurricane Creek LP/Don Collins signature
Address 2705 C lublake Trail Telephone No. 214-802-8264 FAX o.
City McKinney State T— Zip Code 75070 Email don2705Ca aol com
Corporation/Partnership/Owner
Address Telephone No. FAX No.
CityState Zip Code Email
Notary Statement (All Signatures Must Be Notarized)
Before me, the undersigned authority, on this day personally appeared bon Cn rLt�
(owner or agent name)
known to me to be the person whose name is subscribed to the above and foregoing instrument and acknowledged to
me that he executed the same for the purposes and consideration expressed and in the capacity therein stated.
Given under my hand and seal of office on this day of v ZC)IL4 SEAL
t �t APY P(�8fi
Notary Public iig. ofTexas. My Commission Expires: t1i�llli- ° THOMAS J. PARKHILL
My Commission Expires
January 18, 2015
Application for Zoning Change Attachment
Ordinance No. 2001-18 & No. 55-2003
Villages of Hurricane Creek, LP support the rezoning application as
requested by Centurion Acquisitions, LP, the Applicant and Purchaser, with
the understanding that any Zoning Change, Development Agreement, PID
and TIRZ finance Plan approved by the Anna City Council shall be placed
into a pending status until Centurion Acquisitions, LP has closed the
acquisition of the Property and fee simple title is in the name of the
Purchaser and until such time, no "Levy on the Property" by the creation of
a PID "Hurricane Public Improvement District Number One" shall be
applied, adopted or enacted upon the subject property.
Don W. Collins
Manager
Villages of Hurricane Creek,LP
CITY OF ANNA
DISCLOSURE OF INTERESTS
I the
on is
DISCLOSURE QUESTIONS
A. Do you believe that a City official* or City employee** may have a conflict of intere I the
property or application referenced on the reverse side? Yes No
B. If so, state the name of each City official or employee of the City of Anna known by you that may
have a conflict of interest in the property or application referenced on reverse side.
C. State all information upon which you base the belief (use additional paper, if necessary).
I certify that all information provided is true and correct as of the date of this statement, that I have not
knowingly withheld disclosure of any information requested; and that supplemental statements will be
promptly submitted to the City of Anna, Texas, as changes occur.
Name of Certifying Person: Don Collins.
Title of Certifying Person: owner f
Signature of Certifying Person:
*Mayor, City Council members, Planning and Zoning Commission members, and Zoning Board of
Adjustment members.
**City Manager, City Secretary, City Attorney, and all department heads
CITY OF ANNA
DISCLOSURE OF INTERESTS
the
n is
ble, answer
DISCLOSURE QUESTIONS
A. Do you believe that a City official* or City employee** may have a conflict of intere e
property or application referenced on the reverse side? Yes No
B. If so, state the name of each City official or employee of the City of Anna known by you that may
have aJ conflict of interest in the property or application referenced on reverse side.
%U/A
C. State all information upon which you base the belief (use additional paper, if necessary).
N1
I certify that all information provided is true and correct as of the date of this statement, that I have not
knowingly withheld disclosure of any information requested; and that supplemental statements will be
promptly submitted to the City of Anna, Texas, as changes occur.
Name of Certifying Person: Shea Kirkman
Title of Certifying Person: PEtProjec nagAr
Signature of Certifying Person:
*Mayor, City Council members, Planning and Zoning Commission members, and Zoning Board of
Adjustment members.
**City Manager, City Secretary, City Attorney, and all department heads
CITY OF ANNA
DISCLOSURE OF INTERESTS
the
n is
DISCLOSURE QUESTIONS
A. Do you believe that a City official* or City employee** may have a conflict of interest in the
property or application referenced on the reverse side? Yes No
B. If sostate the name of each City official or employee of the City of Anna known by you that may
have' conflict of interest in the property or application referenced on reverse side.
C. State all information upon which you base the belief (use additional paper, if necessary).
N%
I certify that all information provided is true and correct as of the date of this statement, that I have not
knowingly withheld disclosure of any information requested; and that supplemental statements will be
promptly submitted to the City of Anna, Texas, as changes occur.
Name of Certifying Person; 1160'TQ (v
Title of Certifying Person:
Signature of Certifying Person:-
*Mayor, City Council members, Planning and Zoning Commission members, and Zoning Board of
Adjustment members.
**City Manager, City Secretary, City Attorney, and all department heads
Exhibit K
Previous Facilities Agreement
Hj; r^.46. ,e L'.-,efe
AsNNIA 376 FACIT,ITMS AGREEMENT
MIS 1;`ACILITIES AGREEMENT (Ns °`.A eemeprt is entered into as of the Effective Late
(hereiriafl(�r def'irred) by and between. the CITY OF ANNA, TEXAS, a municipal corporaeon,
existing trader the laws of the Stats of Texas (tiro ".9V% and VILLAOES OF 14MICANE
CREEK, L,P., a Texas limited partnership, andlor its assigns (collectively, `�}cvslrjer")-
RECITALS-
A- Developer des", ter develop twa tracts of land located u2thzn. rile City and comisting of
Itpproximatuly 376 acres conr3nonly 1novm as tate 8radleylWmVer tracts (cr;<.lIectivdy, the
pr , whielh traCAs are illustrated on Exhit}it A. The property's ,eaatarn tract_ commQn, .
Imown the Bradlev tract, consists of 114 acres described by metes aura bt imds o - Exlrihit f3.
The Property's Nestern tract, :0Mmo,,* known as the Weaver trac# ounsists of X62 acFe$
dcs�bed by metes alai bomids on &Ubit . Developer owns the Property.
B. Developer desires to develop the l,rope-'V to include an est.nalated 1,027 singe-fami
lots and. six acres ofretail developrrn4nt {collectively, the `'Do�c2ment'=) ly
C- Can July 8, 2003, the City appToved a pre]izninary plat of the Weaver tract (the "Weaver
P2elirrmj
P1111"), On Febnjwy 11, 2003, the City approved a prelimio
ary
tract (tire "$raclley I . i'u Plat" slid together with the Wear rer he lat r p� tr�l
ur=W�aion The prelitnittary Plats, as extended by the City {1n January 20, 2t ,
trvrsuarxt to Seotion 4,3 of the C'Iyp,s subdivision{ ardinanca, expire Januwy 20, 2003. The
1 Iizx�uluy Plata incl ude development rlgbts that ate consistetrt with the proposed Nvelopment,
D. Developnjent of the property requires the constmction of water, �r,itar}F 5evrer, and road
.
irnprovenw,, s shown on RXLWIit 1 and dcscribe4 as f'ollo}vs (collectively, the i` tic
roverncnts"}: (f) a storage tams and as5tzciated Water lines (theyr�vezr��rrts'��;
(ii) lift stations, force mains and gravity line (thG `{Wastewater T�npFavcm" ; rzr a 30 -foot
wide right-of-way far a north east -west cOnnection ;ted a aoutjb east -west cow4eQth`on to be
coTlstmcted as :25-fOOt edge -To -urge s(cti0ns (collectively, the "C`arrnector Roads") snd a
Hurricane C eck connection, extending from nL f 455 itortb 770 linear feet (collectively, the
C`'Orwector Roads and the iiuzricare Creels Connection are The "Road bre rOYcmeiitS" ; and (iv)
off site wastewater treatrne�ri plant coj truction and/or exparlsion req sired to serve the
DoveloTsnient, including, but -not limiters to, a H mm icwe QMk or East Fork pennatnent or
packAge-plant Nvastewat�-r treatment facility (a Wow Waste�vatet 1*aciiity"}. I# is exlnessl
undod aid agr�.d that the regrrirer».e�.t ftzr a 30-fiarrt zillti-ref-rvay for constrttetilaij of ttte
C'�nrrector loads is the width of t�gtrt-ot_way currently regr;iteal >ioz the Development and
platting of the Develo invent, but that should any additional developn}ent of �e lfic�pey
rt crossl
(inclt�dirlg hitt not limited tri commercial d.eveh.%PT rent} — which requires That platting (separate
and apart from the platting f0r the T)evelopment) be submitted for the City's approval — the
tight -Of -way acid cvnstr.tetion. requirements for the Corm-mtor Roads unhy this Agreement shall
yield tO any additional requirements (iucil,>!dirig but not limited to any applicable requirel-tionts,
adds is or - or vrcl montes that arc in effW, at the tirne that a proposed preliminary plat for such
xdditiQnal clevelogrtlent is strlsrr�itted for approval by the City) that may require expansion of the
M3E69,044]];7074.015
right -'of tivay, additiay).al construction {including but not limited to Mad-vdidmi11g, surfacing and
edgo requirements) in connection with the Connector Roads, or both.
-
The City desires to constyuct tate pubho Improvert�ents_ if the City is
design aunable tv �xnplete
and con ction o f the .l'ui�lic ZnVIov�nents en a. schodule c;¢nsi$t(mt with the
Deve opreent sch alive, Developer is \villing t cause such, Public LnProvern� nts to be
con-Structed upon the c.Orldition that all costs in excess of Developer --s pioportianate share Pa gx
incurred bar Devolorper and othus for 3Llch public InTrov"Jmts are .roimltursed from fees (car
credits for fes) end to Cs paid to the City it, eaxinection Nvith the development of property
benefited by such Public Improvements, in accords uce with the teizas of this AgreernecLr,
The Property does trot incIude urLy Major thomughfates or arterials sho{��U on the City,$
Thoroughfare, Platt; therefore, Developer is not r quired to design or construct any thorou fares
or arteriais within the Property.
fir• I)eveloper axxd the City desire to set forth their rc$pcMve obligations with tcsp t to
development. Of the RI-Plrty and deriigu grid construction of the Public h provcrnerlt�, including
the Obligation of l vel pi r to pay certain fees for the Development's prop am lam of tl7e
Public Improvements and the right Of Developer and others t be imrdonabu:rsed for costs )e
providing the public lnpMvemezxts,of
H• Develrtper ackno8vledges that its obligations under this Agrement, including but not
limited to tl).e payment Of fees mid the dedication of prapertyp are not exactions or concessionsdemanded by file City but rather are volunieered bar Developer to adeMisfire coxisisteiricy, quality,
`- arandl�ate infra t7ciYcitlre for the 1evir>opment_ Developer also acknowledges filet its
obligatioias tind,;r this eement, %qth fhe execptiQn of obligations beytr�xd its prc�portionaie
share Of the Public hxpr+ rernerlts, arc far the bc;aef�it of rite property.
irckrtowiedges that all T-leveloptrlOM Fees paid, dedicaious Made. or csts uxxed bar it
r,onnectiott {vitt. this Agreenracnt (vitt the exception of obligations beyond ifs prcrlaoxtio11 .spate
of the Public Fthe evelveu ent-) are I-OUOtly praportional both in n�ure and extent to the projected
irnpaet pf'the Development-
NOW, TIiERFFOP-P, in consideratioIl of the prMises and tl-.e mutual coveMilts rontained in
this Agreement, -tbe pity anti Developeragree as follows:
1- E'YE.I.0PMIE;wi FFIEES.
e Uty agrOes that the following water foes, wastewater fs es, road .fees and pads rems
(calloc tivcl�r, the `pevelogrn4rl e "j represent the I?eveIt► zrtent's
the }public Inlpmventents. I]ewelo z a P 1 rata share of the cost of
that the Public iii 7rbvenients ire c0nstrtrcWd and avOable t oserve t , I?eY the, Dev 4oloprnE t es to insure
(a 4 ate )aces. I'kie �? atcr �'ePs" for the i7evelaptnent shall be fired at $j. t000 tact
re��identisl loo and the per aneter fec described on rile a€let l eel $xkuirit E per non-resideritial lot
AW the full build out of all lots lhithhi the Dcvelopmt-lit. Water pees will f� paid in tbtr ainflrint
of Qfl pi r resiclentisl 10t Y lhm the ftrxa€ plat for the svbdivisir n is rccr rded; 5500 per rcoidential
013669W011:76 6974.fl [5
lot vIhzn each residential hWldinS pescrnit is issued; and the prCscribed per Metes' fie de cribs on
the attached Axlti6it b tivh2n each-nsh
o -residential buAding permit is issued,
(b) Wastewater Fees. The `=Mast v�lME .loess" for the DevejpVment shall be fixed. of
$ i, o Per residential lot and the meter fee desoribc d on the atached k'xhibit E per non-
aresidexstial Iot for the full build out of all lots Wit}lin tie £sevelopmeg4r. Wastewater .Fees wiII be
paid in the arnount of s5oo M residential lot '�'hen The fbial plat for the, subdi�rision is TCC-Orded;
$500 per residenlial lot v+teu each residerktial building permit is isstfed. and the prescribed per
meter fee described OR tii,"- atlached E_xhabzt jE gjou each nor-msidential hui1dii3; perrLdt is
issued.
(c) &Q-A �e-e:& The -1.0- d Fees" fair thx ' Devei,e,,t shall be fixed at 625 ger fat
for the #t�1I build out of all jots w'thin tlae.0vclopxnent. Road Fees will be paid in the amuunt of
3625 pct• lot ,,vhen each residential building permit is issued_
(d) .Park- F s, '_•bio park fees shall be due asrt# payable in cotinectic�n with the
bevefoPmentu Irl lieu of park fees, Developer shad dedicatepat'.i =d according ct the tetnzs he
.$ection 5 4f this Ag`rer ml'of
(e} Escrow A0,91Im1. All. beveloprnetit Fees paid pursuant to the terms of this
Agreement shall be deposited into an escrow account(tie "Escrow AccQuczt'°). �scrc�w
Account shall be escahiiskied by tli� pity and 8haIJ be used only to pair Costs as 064ed with
right -of -Way and easement acqut.4ltioris and design, corxstrtictiom, and
inVxon of the public
itriprove'm'mts, inc114119 i iferert and financial admiuisttatiam costs inCu red aas a'resIT11 of loans
- ' required to Rind The Pul l"C Xx1<provenlent.- EJpnti written mquest of Developer, the City sha[1
submit to Developer an accoimi$Ig of alt finds paid burn the Escrow Account, including topics
Of invoices paid and checkz issued irs payment of such invoice&
(tj F L.bl-dfations. The, obligation, of .Developer to .pay the Development lees as
required Tey this Agreement shall constitute the sole and +exe;Iu ive obligatir tl of i'3evt~la +ex «nth
resp�}ct to payment the casts end expenses related to tic design anal const-njc:don 13f the public
huprov=ants. Tile City has the crk�ligatzun to pay the: amoki'm by which the actual Costs and
exlxonses to design and coustruct the pl,blic ImprovemUnts zNC;Mds the Developineat pees. The,
City a,�raes that uptisn pa}lncnt of the Development pees, DffVeloper shall have no fixither
obligations `+crib respccl to the costs or experiscgs of-tbci it unproven,onts and that the, (i?#y
shat) not condition the f uanee of any development permits upon the Payment by Developer of
any additional alslosirtts. The City RWher agrees, that to the extent irripaot fps or any other form
tapi l retovez r fees or c}J.arge5 (apart from the Devetaptnent pees) arc assessed and toilt✓4:ted
against the Development, t)e'MY dull rebate to Devoloper such additio l fees or charges.
2. LIVATER-
(a} geveioer Ohli axions,
l velopt~Y v�iti bo Mspomible far '111 on-site water iriipMvemI-nts rellbired to serve the
i)evelopment Developer will have no additsonal Cbligatic0rts wal`h respect to water improvements
than tht payment of talc Water )Tees described above.
01366+.1.00011:766974.015
Since Dev40per is O -instructing an on-site water impr()veinents, t}ic t~ify };�ilf riot charge water
tap or impact fess a9soczateil with sucli water flprovement% exc t those Watez lees cicsoriliecl
alt this Agzeement. Dcve op shall pay the City a water ureter in8ta%ation fee of $ZDO per meter
at the time ofissuanco of Building perInit, for the structlxre served b, s1�ch met .The City fall
bo responsible fOr water meter imtahatiatj. If the Ci1y falls to install a water motor withixz 60
days Titan the &to the meter itt:}Cailation fee is paid, Developer shall have the option of installing
such meters and associated appurtenaitr,-es, to be furnished by the City at cost plus 1Q%.
(b) City Obli�atiorts.
'Ilse City agrees to provide hatable "�'atcr 10 serve the Developolent. in an am0t4 quality, and
quantity to meet Texas Corntnission ort p
av-ir,onmenta[ Anality (T EV" and Texas aepahmeht
Of'.#nsumc m standards. T110 City or water supplier to "ich the Oty aSdZUS the right to supply
water will be respol1sible for such water supply to the D&v+eloprnen1 as long aS the property is
within the OhY's certificate of c0nveuience and necessity scrviec area,
In additiO 4 the City v%ql I be responsible for c-onstruofit)n of the dWater Irnprovemeats, `lit City
shalt 1}egat design and eorlsttuciictr! of the 4ia#ex irnp�roWaixiG�tts of or.Develt r y
i
e Csts #
S4gJ10t th
to issue a building pezmit for the 200th d"'AJ � unit within the Dezrelopaxterrt. IIm s th shall
complete constrrtCtion of the waterProv cnts before I7evcloDer requests the City to issue <j
certifica#e Of Occupaney for (lie 400th dwelling unit -within the Development,
SANITARY SL'4TV R
l<}eveloper wi)i be responsible for sIl on. -site wastewa#er IMPrcvernel2ts required to sent the
Developnicnt (other than the Wastewater Improvements)_ I)eveloper uill have no additional
obligations with respect to Wastewater irAProvements other than the payment of the water
Fees dBscribed above
Since Deveioper i5 construct'ng at' o>t-site wastewater Oprovements (other than the Wastewater
IMprorVenierets), the t:,ity tivill not charge sanity r G«rez tap or -wastewate
Wr impact fees, kept the
G&Matcr Fees described in this A teerner4,
b)z_ ky t } h ations_
(i) -Lincs- The City Rhall alIGm, Developer to ufiliye the 'T'broc orlon
se"vcr lige wId. the Cxistitlg coria ion 'Uldcr 'U.S. 75 (a,i�,a, Cexltral E ressway) kom the
Praperty, through bots planned Throckatonon Creek lift stations, m the Slater Czeek Wastowater
Treatment Facility {the "Existin VXa LmyaterF ztv''), In addjti,�tY, the t~ity will he responsible
fo> cot>atruc:tii� the � #c�i ter Itrrprove'rnegts. 'ThE City 9I.111 begin. desigi -Ind construction cf
the Was"a#cr JMPrgvernc tS after D nnoloper zegiiests the city to issue a building permit for t'.ho
450tb d'k'elting urdt within the Devrjoprrmc,nL The C'ty shall comPictc C033struction of the
Wastewater T W11verrtents before Developer rquests the city to issue a Certificate of occupancy
for the 650th dwelling unit withla the Propetty,
4
41MA9d10011:76074MS
01) Kesetvaltiort crf 'bVasteWater Treaml-Ult Ca aei r. The City agrees fo
coiLstntct or cause to be, comtructed additional pemanent wastawater treaiment capacity (the
:`ACiCliti Ca Y3'"] .in the Existing Waste",vater FaciNty, which A Jditivna� Capacity ��11 b�
adet nate to serve is oft ,e propose<j 1,027 single-family lots i=Iuded iu the bevolopimon:.
The City receivc4 a discharge peratit from T02Q dated February 28, 2003, that Woludeas -the
Additional Capacity. The City represents and w,-jxrants that fIrt,:!S fxrr tW', Wnabiuc6oa of the
Additio.-aI Capacity are currently avatilabI4- ind have been dedicated for such purpose. -plc City
bas Marded a contract for Mustruction of the Additional Capacity, and expects constniction of
the Additional C'apacxty to be complete no later than March 51, 2004. 'Ac Additional Capacity
stall be reserved for the Development for a. period. ending. 15 years after: the effective date of this
Agca-meat.
(iii) Waste v ter Treat eId Ca K �x.�amiou. The C.ty agrees to take
actions necessary to sec: Eire additional cVacity to serve tho remainder of the Development Once
the Existing Wastewater F.'tcility reaches 60% of its pernritted capacity (as identified it its
Februaxy 2$, 2003, discharge permit) or before Developer requests the City to issue a cortificate
Of oeollpallc�, for the 300th dwelling itriit within the Dev( lopment Tho City may use
DevellTmeat Fees deposited into the Escrow Accowit to pad+ all oasts and expenses associated
frith a Nc;v Wftewater Fac"'ty discharge permit arpplicatiOM If the uty faits to apply to TC'.FQ
fir the necess;lry capacity, Do eloper trl:ty, at its aptiana mate application for a. discharge permit_
.It Dteveloper applies fol, a discharge permit, the City shall not oppose Developer's application.
The City Consents (.-ind waives all rights to object) to Developer's discharge permit application,
4. ROAD
(a) MLT U13 i woes_
Devejoper rill be responsible for all ou-sate road construction retluired by the Preliminary Plats
to serve the Development (other titan the Road iinprs vements), ineiudiug the 2,7400t edge -to -
edge rolled cu sections required for local residential djects and the 37 -foot back-to-back Tolled
curb sec -tions required for collector strc,-tr7xcel�t as specifically identifitA in this Agr,,:�ernent,
Developer 6hall insure that an an -site r6ads3 are constructed in aecurdance With City slaudards
and regulations.
Developer will have no additional obligations with respect to road iMpTovenments other than
those, obligations referenced in this Section d and the paYmcnt of'the Road Fie s descrlbPd above_
N City t-hli Satioris.
Til{, City shall include the Road improvements ill the City's T'hocouW= 1'Ian artd Capital
I'iupravenlet`ts Plan. The Cityshrtli not condition the issuance of a building permit, certificate of
occupancy or any other development pertnit on Developer's constnletioxt of the Connmtor Ttoads
if Developer has, a€lee using cornmerciall,y reasonable effarks to secure the ncceded right-,of4ay,
re -quested the City to use its Power ofco-ndemnatian to obtain the right-of-way,
4':3664.00{8 1: 7sfi974.0;5
5. 0FEN ACE.
]:Developer will dedicate to the City that pceion of the Property adi abut to and including the lake
maintained by Collin Coutzty Soil and Nater Conservation District #535 and knoum as Site 45,
Fast Fork Above Lavoiz Watarshed, Site 45, EFAL that i9 within the ff rodplAin (the t°Pa�'k�andf5�
rxpon the occurrence of the following Events: (a) the qty a><oves o#3.e or rrlor$ frtlrlc
i1nPravemc"t plans for the Parkland, irralttding a detailed list OF p1pp,.sed improvements, which
slhali include a tnzzthnuna Of three soecea• fields and four baeball fields, and a schedule for 6e
eonstructloll of such improvements, N the City applies for and is Rwarcle4 grant funds for the
Parkland imprcv=ents; and (c) the City retlueStS Developer to donate the ParMand as a
Ountribution tuwards graat matching funds. Developer will Tuve no obligations with respect to
off-site open space and/or parkland improvements other than the parkland dedication(s)
described ft) the ix ediatdIY weGeding sentence. Prior to dedicating the Nikland to the City,
.Dcvel€ per shall, (x) at Developer's ey-pense, complete a dvMiled flODd study; and
City's expvwt; complete!, or pause to be oo>mpleted a 4=ant cin- the-gcotuid survey (the
"_ urve:7) Of the Parkland prepare4 by Doug C`Onnelly & Amoclatea. Llpoa delije off' the
Survey to the City and Developer, the legal descriptio -n set f`o:rtli ir1 the purvey slzali be deemed to
be the lf�gal description of the Varkland and this Agreement shall autoxylatically be deemed
amerhded by sticil substitt bon. Developer reserves for itself and its 25uwessor5 and assigns the
Tight Co use the Parkland for hunting and agricuituH. purpo�s jIntil such time as the pity begins
constructyon '3f the Yazlkland improvements. In addition, Developer mseivea for itself and its
suet ssors and assigns a drainage easernant over and across the Pazkland for the bene fit. of the
Development. Th use reservwtiorts shall be cove mats T93 ming with #hie land and shall be included
in the Pa Mand d Zeatioli instwruehrt.
6. aCQN )RUC 4 EA .
(a) Drsi h and Coh tx`trction. Unless otherwise sPecified i1] this Agreement, rhe Cit
shall design and consttuct alI Public �tproyenxents consistznt y with City's subdivision
regulations and geKierally ace aptecf engineenug practices, If ft City fails to design and wnstmet
the PublicImproVemen#s ort. a sc bedule carxsistent Ifith the Developrx><erht sehexlule, then �i} ugon
eloper's wri#fen n0tic( rhereof to the City, the City's right to obtain draws from the ks
Devcrour
Account sba11 cease and terminate, (1i) the then ruining .fur & in the Escrow Aceonnt shall be
zmmetliately returned to .l)4-,velolaer (cox the owner who paid the farads iu clhlestit�n iz>:to the Escrow
butAccount), cud, (gatj ): vto perfr n, t have the right (in additiiOr- to its Other rights and remedies),
hilt trot the (3bliga#ion, to per#grrh the Uty's obligations tha* it lzas so fader/ to perform on behulf
Of and for the accost of the City. If Developer elects tri pursue its self-help remedy ituder
clalase (iii) of thce inunediately preceding sentence, Viten the City shhtll pay t0 F7e velopor on
dexmmd all amounts expended by Developer in perfonning such ohtigadons on behalf of the
CStY, tngether with intarest thereon at the maximum non-usWiaths rate permitted by applicable
law, from the time such amounts are expended by Developer until (Developer is min3.bursed
thcrefbt by tate City, prarided that {x) the Citi, ha$ approved (which approval shall not be
unreasonably withhold) the contractor for the- preje t along with the plans and specificst. ; and(y) if requimd by state Ia►V, Developer has complied with the compati#ive sealed bidding
prowdure of Texas Local CTOWMment Code Chapter 252.
013669,0 31:366974,015
It is expressly u_taderstood and agreed that the City shall nave no right Ofeontrol, supervision or
(lirection Over the desip or eon4rLiction of arty PubEG Improvement – ons Dovelom
undertakes tO design or constntet a Publie huproveq mt – nor tlxo means, methods, squencer,
procedures and tee izti+cpies iltilized to cOmglete #lie Public Improverent. `here .slxall be no joint
control over any Public hnpro,verxtent design or construction. Developer agues m firl]y defend,
irlde=ify and hold hmmless -Rie City f'r nn aTXy claim, prooeeding, cause of actiori,1udgrrieut,
penalty or any offer
cost or a genre, including, lith not limited to, aftomeys fees, arising or
growing out of or assooiated with all Public Improve
tlzents desig ted or eonsir Gted b}�
Developer.
(b)ot�donnatlon. Dtvefoper agroes to use reasonable efforts to obtain all 41ird-
p�Y'it-o�--ways if any, required for the Public hnpwvements at no cost to file �`ity nr the
Developer. l f'.beveloper is unable to obtain third -party right-ilf-way required for the Cormeotor
Roads, the Cts agrees to secure such right_0r a ay (subject to city cbrtnoil anthori23tian) through
the use of the My.s Power of corideninatiou. Developer Shall be responsible for all reasonabie
and direct oosts and ex-Mses paid or incutted by the Cite in the exercise of its condertrxaatiton
Power' for the s OM'ectcr Roads and shall esctow with a third party the City's re q,) ble
Cslimated costs and expenses as funds are needed by the City {but in no event later ftn the ate
the Qty files a Petition for mndemnation vjth the approp-461e County Court at .Law) includfag,
but not linuted too. all attorney fce-s incurred by the City in prosej,,Uang, morattoring or Otherwise
participating in the condemnation. Developer shall have. the right, but not the obligation, .0
mAna2e, on behaff Of tlae Pity, the expenditure ofsnc% escrowed f rods incl.ttding, but not Iirnited
tc,, fhc selection. and payment of attorneys and appraiSeM rovided that funds aK*,e not
tuire -tenably W- thheld. Daveloper .may select atromeys fol- condenlatioti if agreed to b�+ the
City Attorney, pro-, died ho` twer that in such event the City Attomey shall r�o agreed
and approve
all activities of Developer's selected Tierney, Tlae City Attomey's authority in this regard shaU
include, but not be limited to: apl"val of lrap= f3W with any court iu advance of fZling;
approval of all strategic or prmedural legal dedsians made during any stage of'the condenmation
proceedings; review of all docuraenfs, papers and infbrination received by Developer's altoniey
relatirtg to fhe conden,nat an proceedings; and attendance at. all hearings, proceedings or trials at
any point m the C-Ondemnatiori prvc gs. T7�c attoxuey fees charged by City Atto may for
performance of work under this authoriq' shall constitute attarney fees incurred by the; City iii
lrrosecutiiig, n witoring or othenu%se participating iri the wudemn.ation as referenced abaW-
The City Attorney shalt M)ear as an attoMey of record on. all papers filed with a court in
conna..don with any condemnation proceedings, The City will use .all reasonable efforts to
expedite sxich eOnde-MnatRin pmccdures so that the Connector R ads can be Ponstructed as soots
a -s possible. If the City's costs and =PerLws exceed the arrow -It of escrowed fivads, I]eveloper
shall deposit additional fluids within 30 days of a Nvritteu notice fmm the City. Any unused
escrow funds �vili be aefzmded to Dovoloper with 3a days after any mndetnn-aticn ai��ard
becomes and r�.onappcalab[e, Nothin.g in this fiction 6th} is intended to c�3istitut$ a
dole tion p# the police powvers or govemmental aEtthority cif the City_
(c) Itei�tntiiuscment .Anxount. The' City ae�'iowledges and fees that Developr, eat
levclopec's option, may design and construct all or aey portion of the public lrnpr€ivexnents
through cast sharing agxeeillentjl with participat ng dew,,Iop3m.ents provided foe City has not
iAtiated construction Of'stich .l 1blic Improvements. The City also acknowledges and agreeg that
.Developer skull be entitio d to 1}e reimbursed in acoordarice With this Agme-ment for oortain, costs
713 df&.W 11''i 6Wj 4. G ] :
Ind
expenses paid or incurred by Devc?oper in conrectieij �I�ith the Developer's design and
construraian of gzleh Public Imp7oveme.nts which shall be deemed to include, buw, not bj� lit-,ited
to, costs IVid expenses paid or incurred for or in connection with (i) the txegotiation and exeaution
of thi'q A.gre=ent, (ii) third -party light-Qf-Way ,and right-of-way acquisition, (ail) design, (N)
er�gliieer; {v) constx ctioti, (vi) cortstruction glagelxxcm, (�i�� legal expenses? (viii) all
review and inspection fees paid to the City, (ix) all De�velopTnout. Fees paid to the City (viii)putsand
to this Agreenxent, and (x) all similar costs and expen.5�g paid or incurred by DevtIoper
(collectively, the ` M -L bursement Amount" j. Tlxc Rehbwsement Amount will be adiusted to
reflect actuai casts and expenses when the .Public Improvements have been completed, approved
by the C'fy EuginePT car bis AgeW and accepted by the City and when all eligible costs end
expenses that are deemed by this Agement to be included as part of Vie Reimbursement
Amount have bezn FMally Bete led.
(d) outer cfeve19Dey Reim}�iusement. Developer is tntitled to reijxlb=ement of
the finally adjusted )Reimbursement Amount, 1�ss an ,arnouut equal tO thv .Development Fees,
frt'm tile- folloFvir�g sources, but ozrly to the extent needed for such teimbt;sert3ent: (i) first, in tbie
fQnB of a credit to Developer for the $300 per lot water Fess sti the X500 per lot �Vastswater
Peas dui at file time of fi�xa] plat recordation (ii) sewed, 7n the fomr of a pavxxreut to Developer
£rt�ni funds drtspositeci in the scro�v f1_cc xlr�t; (ill.) third, in the form of a payment to Developer
for the $501 per lot Water Fees, $500 poi l9t Waztewater Fees, and $625 per lot Road Pees
collected (or tO be collected) from builders at the time building permits are issued:, and
(i;') fourth, in the flom of payai.ents to .Developer from amounts collected from other oNvners,
developers, or buUders who, at any time in the Faure, directly or indirectly tap into or use the
4 Public huPrOvenmrits, whether such payments tape the form of pro rata payments, impact fees, or
any rather form of capital recove3y payment. FaYmentg 1}y thce City to Developer slkail be made
within 30 days after the awowM have been collected by the City. NoNvithstauding the
#orCgoing, howvver, Developer is not erititle€l tis be reimbursed in excess of the finally adjusted
Reirnl}wsenzen.t Ammmt, less the Developmept Fees_ To the extent size so-urces of
�B7tI161ICSBztlCl�t Set #orth in Clauses "(07% `"� iY, "(EW artd `4&Ys above exceed the ally
adjusted. Reirnbuirselrxent Amount, less the Dev.0opmrut Fees, such etcess shall be retauiod by
the CitY for construction or pa3mcnt of additional wastewater treat wmt capacity,
11. (NSTRUC TION OF P 0JR4 'T MPROVENIENTS.
If the City de-ires tri employ firs Mgineer and/or other qualified persons) tO Provide itzspection of
flit~ construction of on-site sanitary seiver Jules, %'rater Lines, drainage facilities and public roads
situated within tbo Development (coUeetiveiy, the `P ecf 1tnFmveurents"), the 0q, nmy do so.
Developu shall pay to the City an insi t;tiurr fee of three percent (3%) of total `°hard casts" of
Construction Of the PrOject I.tnprovemeaits (speCifically excluding desip and engineering
"petises and expenses related to obtaining easements or rights of ,Vay).
Upon completion of tb-e PrOOCt Jmprovcments, Developer will certify to the City th. a toW "1rard
costs" of all constrractiatt. >~Ifson re ipt of the aeztification called for herein and acceptance by
the City of the Projcct Improwe=nts, Developer shall pay the inspection and convey tz the
City Developer's right; title. and imerest in all Public PPOjeCt Improvements, free and cigar of
.any and all liens and rnortetary encumbrances, and the City shall take ever {and assume full
reVonsibility for the operation and maintenance of the publk. Pmj ect finp roNFemerIts_ Developer
s
Q 13564.ana� � :�74.ai�
agreed to -transfar any szxd ail of its right, title, Rnd irlter t irk the Pub lir, PMject I.prollments to
the Cit
y at the tkie the City takes over the operation and maiCrtellance of SlIch public Project
hiaprovernen#s,
ft is eXpressly =darstood and agreW that the City shall have no riglxt of .control. supervision, of
direction *ver the design ox 01 struction of the project Improvements Clone or Caused to be done
by Dffveloper, nor the mews, methods, sNuences, procedure -5 and teehniquus uolized to
complete, the Project Improve.nlcttts. Veveloper a9recs to MY defend, yudemnify and bold
hurmless the City from any claim, proceeding, cause of action, Judaiar)f, penalty or any ether
cost Or expense, .including, but not liimitcd to, attomeys ice, adsing or groW gout of or
assmiated kvith the pwj ect .T Tiprovenjonts,
& LCLW-_E 1! ATrJls.
Notwithstanding anyxhing too the eontxary contzined herein, this Agreeax at shall be eMctive
only VPOn the Satisfaction of each o,;L"- the foUQNving conditions, (a) the approval of this Agt mcnl
by the City Coulacil of the City such that it is the bba ing and enforceable obligat.jon of the City.
and (b) the acquisition of the , ropeny by Developer- or its amiguft imdm the Contract. The date
on which the last of the fc�regoiut c0nditioFjs is satisfied is called the "Effective Dq55
Developer shall advise the City a$ to the nate of acqui�it%on Of the Property by Developer or its
assignee.
9. .1�.EL)EA.S1E.
' Upon the full and ftal satisfaction 1?y the City and Developer of all their respective o>�li�,atior�s
�d cgvenan►ts tinder Chi$ }igreettteul the City tuiA Developer shaII execute a releaRc of this
Agreement (in recordable form) terminating this Agrwuent as to the portion of"the Property in
quer4on and fully releasing the City and Developex, their successors and assigns!, from any
further Obligations r>r covenwits hereunderelating to the ppr[ion of the Propotty berg releases_
The iease contemplated by the Section 9 shall., a1 Devckrper's requast, be effective with
respect to a speci:ac phase of the Devefoprneat, as applicable, t1poa final satisfaction by the City
and Developer of their respective obIliptions,6ith respect to such phase of the Development.
10- SUCCESSORS AND ASSIGNS,
The Ptablic ImPrOv-arilonts froth bem fit. and burden. the Property alld all Obligations and covenanfS
Of Developer under this Agreement sWl. cC�nstiti?te covenants running with the land, and shah
bind Developer and each successive owner of all or any portion of the Property, provided,
however, the telt js of'this .flgreemeut sbai] (ij not be !Wndi.ng on the owner of any residence that
is pi—Inhased by such Owner from a homebuilder, and (u) be subordin2te to #lie lien of (and shall
not be l iudirtg on) any m0'tgSae$ wits► finances or refnanres residUncas CC)ns#r-ucts:d on tilt
Property. WithMt hili ting the gencralixy of the zOregoing: (a) Developer may assi this
Agreeweut to the party to whom Developer =jgns its -rights as pUrehaser ander the Couttw;
wid (b) Developer as well as qtly successor o?vner of a.11 or a portion of the Proporty who is
bound by this Agreement (Developer or aay such succ i owner is referred to Herein as the
"Owller") nlay assign this Agremient either ixi its entirety (if the assignee is to 0,m all of the
Pmperfy) ax inpart (if ilte assignee is to own only a Portion of the Property) and in such event
011669.0WT1,76 74.01.5
(i) the Owner crtOnveving six h portion of Ibc Prc perty $hall be autotnat cally released fron] the
olili ationy °`rlcvelol3er" as to all or 21 pQrtiojz of the .property (as appilcahle), and (ii) Ct.
assienQv,, to w.houa this Agreement is so assigned in whole or in part sl�xll k�e deemed to haveass naecl obligations of t`lJevelOper=' as to the portion of the Prcrpetty hieh is owned by sl�ch
assignee, to the ey>er�i of a 7y p: al assignment of this Agreement, {hen :uotwithstanding
auffiing to the contrary c#ntalmd l emrtin, tho obligations of I)eveloper ander 4xis Agreement
shall ire the several (and not the joint and ,several) obligatiorzs of each such Developer. T c teazas
and provisions of this Agreement shall othemise bind ,arid inure to the benefit of the c
bity,
eu�loper and thein xespec:tive e, t=a5sor3 and .jssigns. ,Each perwtr Signing this Agreement
represents .and wwmritz tbRI 0) hsfsbp, has the authority to enWr into this Agree�nont on behalf`of
�arld to binds the par#y cert ;tose bebal f such por.son is signing this Ageement, and (ii) no fiu Cher
atrffioxkzation or collseat front a-nyorje else i.s necessary to rnalte this Agreement the binding
obligation of the Ply an whose behalf such person is signing this Agreement,
11. COMPIEAT-9-A I0VV% W7IJT.
This Agmelnent embodies the enti rt Agreernerxr between t}�e partxc s hereto and canna# be var�ecl
or tcrtr7inated {mcept by the written. agreement of the fr$rties, Tl1e City ack-wNvledges the term'q
of tl,_i, agreement },cave been adopted }pursuant to Tees laical {,tivenU-n Codeertie n 380,001. If arty grc�vision vfti�is Ager neat is illegal, invalid, ar vrenforceable, then the
rem�a�inder of this Ag�r*ument Shall not be affected, and there shall Ere added as a paft of tfus
Agreement a pro xslon as si�bilar ill terms to such iilegat inw lid, or unenforceable pmvisio-n as
MAY bepossible and be legal, valid, and enforci;able.
12. COUNTER VA AND K'IMIR `TS.
This Agreement may b, --executed in any n r b' of c Oluaterparts, each of which shall be an
original, but all of which together shall constitute ozic and the same h15Lnmetat Eacl, exhibit
referenc*l in ibis Agreement is attached haruto and iacorporatW herein by referenee.
Ver TN"ESS WHERMP, the City Rnd l�velop r have execelted this Agreement to be effective
as ofthe �ffectl�ve mate_
V1rLLAGES OF HURRICANE C RUM, .)!..P''.,
a Texas limited partrmllip
]BY: 376
a T cxas Lt liabihBY, corp }
Name- bon W, o11'
Title, Manager
CITY OF Ai1'IIAx TEXAS
if)
01360-0011;7&974.619
A/ -
Namth Peffiam�
« Mayor
# �m B
Ezbg!*
- Property JUja, tra#on
Exhibit B
- .8r\y Tom!
£YJ3itC
- W ea■ITm@
Egli #b
- Public hnPTo¥=en#
Exhibit E
- Na - e d 4£& W«J
K�
ams mdN mta\£ Fees
I
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Exbibit C - Page I
0136Cr3.M0111766934-M 5
Exhibit l
Proposed Zoning Ordinance
CITY OF ANNA, TEXAS
(Property rezoned under this ordinance is generally located on the north side
of FM 455 and west of U.S. 75)
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S
COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND
CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN;
PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE
NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY
LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, the City of Anna, Texas ("City") has previously adopted ordinances, rules and
regulations governing the zoning in the City; and
WHEREAS, the City has received a requested zoning change on Property described in Exhibit
A and Exhibit B ("Property") attached hereto and incorporated herein for all purposes as if set
forth in full; and
WHEREAS, said Property generally located on the north side of FM 455 and west of U.S. 75
being rezoned from "PD - Single Family Residential" zoning district to "PD- Single Family
Residential (PD) zoning; and
WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City
of Anna ("City Council") have given the requisite notices by publication and otherwise and have
held the public hearings as required by law and afforded a full and fair hearing to all property
owners and generally to all persons interested in and situated in the affected area and in the
vicinity thereof, the City Council has concluded that the Zoning Ordinance of the City should be
amended as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The above recitals are incorporated herein by reference for all purposes.
Section 2. Zoning Change
The Comprehensive Plan of the City and City of Anna Ordinance No. 116-2003 as amended and
codified as Part III -C of The Anna City Code of Ordinances are hereby amended by changing the
zoning of the Property described in Exhibit A from PD - Single Family Residential to PD —
Single Family Residential zoning.
1
I. PURPOSE AND INTENT
A. Purpose and Intent: This zoning submittal addresses the disposition of approximately
368 total acres of land within the City of Anna more fully described on the legal
description attached as Exhibit A (the "Property") and depicted on Exhibit B. The uses
proposed for the Property follow the intent of the City of Anna Comprehensive Plan
dated March 2010. It is the intent of the Planned Development (PD) to offer greater
flexibility for residential development. The purpose of the district is to create a master
planned community featuring a mixture of housing types in a manner that will
encourage sustainable neighborhoods and attract investment to the area.
1. The purpose of this district is:
a. To provide development and land use flexibility within the framework of
a Planned Development zoning district.
2. The intent of this district is:
a. To design streets and buildings which will contribute to creating safe
neighborhoods.
b. To provide an attractive environment for pedestrians which includes
such things as buildings framing public space, street trees, lighting and
canopies that will attract pedestrians.
C. To contribute to the definition and use of public parks, ball fields and
walking trails.
d. Integrated parks and open space to preserve areas designated within
the 100 -year floodplain. This will protect existing stream corridors and
other physical assets as amenities.
3. The Villages of Hurricane Creek PD is intended to provide the community with a
mixture of housing types in a pattern and amount that will encourage
sustainable neighborhoods and development.
4. The Villages of Hurricane Creek Concept Plan delineates the boundaries of the
respective neighborhood areas (Exhibit B). The Development Standards shall
apply to the entire Villages of Hurricane Creek District unless indicated
otherwise. Housing mix, street types, building types and frontage standards for
any particular area shall be controlled by the neighborhood areas delineated on
the plan.
B. Applicability: This Ordinance shall apply to all development within the PD boundaries.
Unless otherwise stated herein, all ordinances of the City shall apply to The Villages of
Hurricane Creek.
11. DEFINITIONS
Accessory Building or Use: (a) is subordinate to and serves a principal Building or principal Use;
(b) is subordinate in area, extent, or purpose to the principal Building or principal Use served
and is not physically connected to the principal Building; (c) contributes to the comfort,
convenience and necessity of occupants of the principal Building or principal Use served; and (d)
2
is located on the same Building Lot as the principal Use served. If connected to the principal
Building, a structure becomes part of the principal Building.
Block: Property abutting on one side of the Street and lying between the nearest intersecting or
intercepting Streets or nearest intercepting Street and railroad right-of-way, waterway, or other
barrier to or gap in the continuity of development along such Street.
Building: Any structure built for the support, shelter, or enclosure of persons, chattels, or
movable property of any kind. When such structure is divided into separate parts by one or
more unpierced walls extending from the ground up, each part is deemed a separate Building,
except as regards minimum side yards.
Building Line: A line parallel or approximately parallel to the Street line at a specific distance
there from marking the minimum distance from the Street line that a Building may be erected.
Court: An open, unoccupied space on the same Lot with a Building and bounded on two sides
by such Building, or the Open Space provided for access to a dwelling group.
District: A portion of the territory of the city within which certain uniform regulations and
requirements or various combinations thereof apply under the provisions of this Part of the
Code. The term "residential District" means any SF -E, SF -1, SF -84, SF -72, SF -60, SF -2, SF -Z, SF-
TH, MH, or MF District; the term "commercial District" means any C-1, NC, C-2, C-3 or 0-1
District.
Dwelling Unit: A room or a group of rooms including cooking accommodations, occupied by one
Family, and in which not more than two persons, other than members of the Family, are lodged
or boarded for compensation at any one time.
Dwelling Unit, Single -Family: Detached means located on a Lot or separate Building tract and
having no physical connection to a Building on any other Lot.
Flood Plain: The land adjoining the channel of a river, stream, or watercourse that has been or
may be covered by floodwater. Any land covered by the water of a 100 year frequency storm is
considered in the Flood Plain and must comply with the engineering criteria found in the
subdivision regulations and other relevant regulations of the City.
Frontage: All the property abutting on one side of a Street between intersecting or intercepting
Streets, or between a Street and a right-of-way, waterway, end of a dead-end Street, or village
boundary measured along the Street line. An intercepting Street shall determine only the
boundary of the Frontage on the side of the Street which it shall determine only the boundary of
the Frontage on the side of the Street which it intercepts. Where a Lot abuts more than one
Street, the planning and zoning commission shall determine the Frontage for purposes of the
Part of the Code.
Land Use Plan: The long-range plan for the desirable use of land in the City of Anna as officially
adopted and as amended from time to time by the City Council, the purpose of such plan being,
among other things, to serve as a guide in the zoning and progressive changes in the zoning of
land to meet the changing needs, in the subdivision and Use of undeveloped land, and in the
3
acquisition of rights-of-way or sites for public purposes such as Streets, parks, schools and public
Buildings.
Lot: The entire parcel of land occupied or to be occupied by a main Building and its Accessory
Buildings, or by a group such as a dwelling group or automobile Court and their Accessory
Buildings, including the yards and Open Spaces required therefore by this title and other
applicable law.
Lot, Corner: A Lot abutting on two intercepting or intersecting Streets where the interior angle
of intersection or interception does not exceed 135°.
Lot Coverage: The percentage of the total area of a Lot occupied by the base (first Story or
floor) of Buildings located on the Lot.
Lot, Interior: A Lot other than a corner Lot.
Lot, Lines: The property lines bounding the Lot as defined herein.
Lot, Through: A Lot having its front and rear on different Streets, or having its front or rear line
on a Street and the other line on a river, lake, creek or other permanent body of water.
Lot Depth: The average depth from the front line of the Lot to the rear line of the Lot.
Lot Width: The width measured at a distance back from the front line equal to the minimum
depth required for a Front Yard.
Lot of Record: A Lot, which is part of a subdivision, the plat of which has been recorded in the
office of the County Clerk of Collin County, or a parcel of land, the deed for which was recorded
in the Office of the County Clerk, Collin County, prior to January 1, 1986.
Main Building: A Building in which is conducted principal Use of the Lot on which it is situated.
Open Space: That part of any Lot or tract that is used for recreational purposes, both passive
and active, but not including areas used for parking or maneuvering of automobiles, or drives or
approaches to and from parking areas, Floodplains, or 100% of any standing surface water, may
be considered as Open Space, provided such Open Space is contiguous and part of the platted
Lot and is maintained and utilized in the same manner and to the same degree as all other Open
Space areas as is designated on the site plan as filed with the building permit application.
Planned Development: Land under unified control, including developed as a whole; in a single
development operation or a definitely programmed series of development operations, including
all lands and Buildings; for principal and accessory structures and uses substantially related to
the character of the District; according to comprehensive and detailed plans which include not
only Streets, utilities, and Lots or Buildings sites, but also site plans, floor plans, and elevations
of all Buildings as intended be located, constructed, used and related to each other, and detailed
plans for other uses and improvements on the land as related to the Buildings; and with a
program for provision, operation and maintenance of such areas, improvements, facilities, and
0
services as will be for common Use by some or all of the occupants of the District, but will not be
provided, operated, or maintained at general public expense.
Planned Development is both a concept and a zoning classification which may include, in
addition to planned unit development, commercial, shopping center, and industrial uses or
combination thereof, which may be intended to serve areas within the District and areas
without the District.
Rear Yard: The required Rear Yard is an Open Space unoccupied and unobstructed except for
Accessory Uses extending across the rear of a Lot from one side Lot line to the other side Lot
line, the depth of which is dependent upon the zoning District in which the Lot is located.
Screening Element (Device): A barrier of permanent material of sufficient heights and density so
that the objects being screened are not visible from any point on the Lot line when viewed from
any height between ground level and seven feet above ground level and shall mean any of the
following:
(a) Any solid material constructed of brick, Masonry, or of a concrete or metal frame, or
wood or base which supports a permanent type material, the vertical surface of
which is not more than 30% open;
(b) Any dense evergreen hedge or plant material suitable for providing a visual barrier,
for which such material shall be maintained in a healthy growing condition; or
(c) Landscaped earth berms may, when appropriate in scale, be considered and used as
a Screening Element in lieu of a fence, wall, hedge, or other dense planting material.
Street: A public or private thoroughfare which affords the principal means of access to abutting
property.
The Villages of Hurricane Creek Concept Plan (Exhibit B): The graphic plan for The Villages of
Hurricane Creek that establishes and delineates the respective PD sub -districts such as the
Village Center and other Neighborhoods.
Thoroughfare: An officially designated federal or state numbered highway or county or other
road or Street designated as a primary thoroughfare on the official Thoroughfare Plan of the City
of Anna.
Thoroughfare Plan: The official Thoroughfare Plan of the City of Anna adopted by the City
Council establishing the location and official right-of-way width of principal highways and
Streets in the city, together with all amendments thereto subsequently adopted.
Use: The purpose for which land or a Building or structure thereon is designed, arranged
intended or maintained or for which it is or may be used or occupied. This definition does not
alter or affect the definition of Nonconforming Use as set forth in Section 39.01 of the Part.
(Ord. No. 457-2009, adopted 08/25/09)
Use, Accessory: A subordinate Use on the same Lot with the principal Use and incidental and
accessory thereto.
Yard: An Open Space, other than a Court, on the same Lot with a Building.
Yard, Front: A yard extending across the full width of a Lot and having a depth equal to the
shortest distance between the front line of the Lot and the nearest portion of the main Buildings
including an enclosed or covered porch, provided that the Front Yard depth shall be measured
from the future Street line for a Street on which a Lot fronts, when such line is shown on the
official map or is otherwise established.
Yard, Rear: A yard extending across the full width of a Lot and having a depth equal to the
shortest distance between the rear line of the Lot and the main Building.
Yard, Side: A yard between the side line of the Lot and the main Building extending from the
Front Yard to the Rear Yard and leaving a width equal to the shortest distance between said side
line and the main Building.
Zoning Map: The official Zoning Map of the City of Anna together with all amendments
subsequently adopted.
*Rules for Words and Phrases: For the purposes of the City of Anna Zoning Ordinance, words
used in the present tense include the future tense; words in the singular number include the
plural number, and words in the plural number include the singular number; the word "shall" is
mandatory, not directory; the word "may" is permissive; the word "person" includes a firm,
association, organization, partnership, trust, foundation, company, or corporation as well as an
individual; the word "used" includes designed and intended or arranged to be used; the word
"Building" includes the word "structure"; the word "Lot" includes "Building Lot" or parcel.
Wherever the City of Anna Zoning Ordinance imposes a greater restriction than imposed by
other ordinances, laws, or regulations, the provisions of the City of Anna Zoning Ordinance shall
govern.
III. LOT TYPE REGULATIONS
The Villages of Hurricane Creek will include a specific lot type in order to achieve the goals
established for the district. The lot type and requirement shall be as follows:
A. Lot Type SF -84 (70' x 120'):
1. Purpose: The SF -84 Single Family Residential District is designed to
accommodate Single Family Residential development on relatively ample Lots.
The District can be appropriately located in proximity to agricultural and Single
Family Residential Uses.
2. Permitted Uses: A Building or premise in a SF -84 District shall be used only for
the purposes as listed in Appendix 2 of the City of Anna Zoning Ordinance. The
Permitted Uses are as follows:
a. Single family dwelling, detached;
b. Community center (public and private);
0
c. Park, playground, or recreational center (public and private);
d. School, public (primary and/or secondary); and
e. Swimming pool (private)
3. Specific Use Permit: The following specific uses shall be permitted in a SF -84
District, when granted in accordance with Section 37 of the City of Anna Zoning
Ordinance:
a. Public, parochial, and private schools and colleges offering courses of
general instruction and including convents, monasteries, dormitories,
and other related living structures when located on the same site as the
school or college.
b. Churches, synagogues, chapels, and similar places of religions worship
and instruction of a quiet nature when located in a substantial
structure.
c. Utility substations necessary to the functioning of the utility, but not
including general business offices, maintenance facilities and other
general system facilities, when located according to the yard space rules
set forth in this part for dwellings and have a landscaped or masonry
barrier on all sides. Building shall conform to all space limits of this zone
and shall be of such exterior designs to harmonize with nearby
properties.
d. Public and quasi -public buildings for cultural use.
e. Country clubs as defined herein.
f. Uses as listed in Appendix 2 of the City of Anna Zoning Ordinance.
4. Plan Requirements: Except as otherwise specifically authorized in the City of
Anna Subdivision Regulations, no building permit or Floodplain Development
Permit shall be issued by the City for any parcel of land until a Final Plat — or
Development Plat, as applicable —of the land has been recorded.
5. Height Regulations: No building shall exceed thirty-five feet (35').
6. Area Regulations: The following minimum standards shall be required as
measured from property lines:
Lot Size: 8,400 square feet
VA
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Lot Coverage: The combined area covered by all main
buildings and accessory structures shall not
exceed fifty percent (50%) of the total lot area.
Building Size: The minimum square footage of a dwelling unit,
shall be two thousand (2,000) sf.
Front Yard: 20 feet minimum
Rear Yard: 15 feet minimum (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.)
Side Yard, Interior: 5 feet minimum
Side Yard, Corner Lot,
Street Side: 15 feet minimum (45 feet where adjacent to
single Family or duplex residential District)
Lot Width: 70 feet minimum; (measured at the front
building line)
Lot Depth: 120 feet minimum
Masonry (Brick or rock veneer): 80%
7. Parking Regulations: Two enclosed spaces behind the Front Yard line for single-
family Dwelling Units and HUD Code manufactured homes. Other off -Street
parking regulations are set forth in Section 38 of the City of Anna Zoning
Ordinance.
8. Signs: Signs in this District shall comply with the requirements of the City of
Anna Sign Ordinance (as amended).
Lot Type SF -84 (80'x 120'):
1. Purpose: The SF -84 Single Family Residential District is designed to
accommodate Single Family Residential development on relatively ample Lots.
The District can be appropriately located in proximity to agricultural and Single
Family Residential Uses.
2. Permitted Uses: A Building or premise in a SF -84 District shall be used only for
the purposes as listed in Appendix 2 of the City of Anna Zoning Ordinance. The
Permitted Uses are as follows:
a. Single family dwelling, detached;
b. Community center (public and private);
c. Park, playground, or recreational center (public and private);
d. School, public (primary and/or secondary); and
e. Swimming pool (private)
3. Specific Use Permit: The following specific uses shall be permitted in a SF -84
District, when granted in accordance with Section 37 of the City of Anna Zoning
Ordinance:
a. Public, parochial, and private schools and colleges offering courses of
general instruction and including convents, monasteries, dormitories,
and other related living structures when located on the same site as the
school or college.
b. Churches, synagogues, chapels, and similar places of religions worship
and instruction of a quiet nature when located in a substantial
structure.
c. Utility substations necessary to the functioning of the utility, but not
including general business offices, maintenance facilities and other
general system facilities, when located according to the yard space rules
set forth in this part for dwellings and have a landscaped or masonry
barrier on all sides. Building shall conform to all space limits of this zone
and shall be of such exterior designs to harmonize with nearby
properties.
d. Public and quasi -public buildings for cultural use.
e. Country clubs as defined herein.
f. Uses as listed in Appendix 2 of the City of Anna Zoning Ordinance.
4. Plan Requirements: Except as otherwise specifically authorized in the City of
Anna Subdivision Regulations, no building permit or Floodplain Development
Permit shall be issued by the City for any parcel of land until a Final Plat — or
Development Plat, as applicable — of the land has been recorded.
5. Height Regulations: No building shall exceed thirty-five feet (35').
C
6. Area Regulations: The following minimum standards shall be required as
measured from property lines:
Lot Size: 9,600 square feet
Lot Coverage: The combined area covered by all main
buildings and accessory structures shall not
exceed fifty percent (50%) of the total lot area.
Building Size: The minimum square footage of a dwelling unit,
shall be two thousand (2,000) sf.
Front Yard: 20 feet minimum
Rear Yard: 15 feet minimum (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.)
Side Yard, Interior: 5 feet minimum
Side Yard, Corner Lot,
Street Side: 15 feet minimum (45 feet where adjacent to
single Family or duplex residential District)
Lot Width: 80 feet minimum; (measured at the front
building line)
Lot Depth: 120 feet minimum
Masonry (Brick or rock veneer): 80%
7. Parking Regulations: Two enclosed spaces behind the Front Yard line for single-
family Dwelling Units and HUD Code manufactured homes. Other off -Street
parking regulations are set forth in Section 38 of the City of Anna Zoning
Ordinance.
8. Signs: Signs in this District shall comply with the requirements of the City of
Anna Sign Ordinance (as amended).
10
C. Lot Type SF -84 (90' x 120'):
1. Purpose: The SF -84 Single Family Residential District is designed to
accommodate Single Family Residential development on relatively ample Lots.
The District can be appropriately located in proximity to agricultural and Single
Family Residential Uses.
2. Permitted Uses: A Building or premise in a SF -84 District shall be used only for
the purposes as listed in Appendix 2 of the City of Anna Zoning Ordinance. The
Permitted Uses are as follows:
a. Single family dwelling, detached;
b. Community center (public and private);
c. Park, playground, or recreational center (public and private);
d. School, public (primary and/or secondary); and
e. Swimming pool (private)
3. Specific Use Permit: The following specific uses shall be permitted in a SF -84
District, when granted in accordance with Section 37 of the City of Anna Zoning
Ordinance:
a. Public, parochial, and private schools and colleges offering courses of
general instruction and including convents, monasteries, dormitories,
and other related living structures when located on the same site as the
school or college.
b. Churches, synagogues, chapels, and similar places of religions worship
and instruction of a quiet nature when located in a substantial
structure.
c. Utility substations necessary to the functioning of the utility, but not
including general business offices, maintenance facilities and other
general system facilities, when located according to the yard space rules
set forth in this part for dwellings and have a landscaped or masonry
barrier on all sides. Building shall conform to all space limits of this zone
and shall be of such exterior designs to harmonize with nearby
properties.
d. Public and quasi -public buildings for cultural use.
e. Country clubs as defined herein.
f. Uses as listed in Appendix 2 of the City of Anna Zoning Ordinance.
11
4. Plan Requirements: Except as otherwise specifically authorized in the City of
Anna Subdivision Regulations, no building permit or Floodplain Development
Permit shall be issued by the City for any parcel of land until a Final Plat — or
Development Plat, as applicable —of the land has been recorded.
5
R
7
Height Regulations: No building shall exceed thirty-five feet (35').
Area Regulations: The following minimum standards shall be required as
measured from property lines:
Lot Size: 10,800 square feet
Lot Coverage: The combined area covered by all main
buildings and accessory structures shall not
exceed fifty percent (50%) of the total lot area.
Building Size: The minimum square footage of a dwelling unit,
shall be two thousand (2,000) sf.
Front Yard: 20 feet minimum
Rear Yard: 15 feet minimum (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.)
Side Yard, Interior: 5 feet minimum
Side Yard, Corner Lot,
Street Side: 15 feet minimum (45 feet where adjacent to
single Family or duplex residential District)
Lot Width: 90 feet minimum; (measured at the front
building line)
Lot Depth: 120 feet minimum
Masonry (Brick or rock veneer): 80%
Parking Regulations: Two enclosed spaces behind the Front Yard line for single-
family Dwelling Units and HUD Code manufactured homes. Other off -Street
12
parking regulations are set forth in Section 38 of the City of Anna Zoning
Ordinance.
8. Sins: Signs in this District shall comply with the requirements of the City of
Anna Sign Ordinance (as amended).
D. Lot Type SF -84 (100' x 150'):
1. Purpose: The SF -84 Single Family Residential District is designed to
accommodate Single Family Residential development on relatively ample Lots.
The District can be appropriately located in proximity to agricultural and Single
Family Residential Uses.
2. Permitted Uses: A Building or premise in a SF -84 District shall be used only for
the purposes as listed in Appendix 2 of the City of Anna Zoning Ordinance. The
Permitted Uses are as follows:
a. Single family dwelling, detached;
b. Community center (public and private);
c. Park, playground, or recreational center (public and private);
d. School, public (primary and/or secondary); and
e. Swimming pool (private)
3. Specific Use Permit: The following specific uses shall be permitted in a SF -84
District, when granted in accordance with Section 37 of the City of Anna Zoning
Ordinance:
a. Public, parochial, and private schools and colleges offering courses of
general instruction and including convents, monasteries, dormitories,
and other related living structures when located on the same site as the
school or college.
b. Churches, synagogues, chapels, and similar places of religions worship
and instruction of a quiet nature when located in a substantial
structure.
c. Utility substations necessary to the functioning of the utility, but not
including general business offices, maintenance facilities and other
general system facilities, when located according to the yard space rules
set forth in this part for dwellings and have a landscaped or masonry
barrier on all sides. Building shall conform to all space limits of this zone
and shall be of such exterior designs to harmonize with nearby
properties.
13
d. Public and quasi -public buildings for cultural use.
e. Country clubs as defined herein.
f. Uses as listed in Appendix 2 of the City of Anna Zoning Ordinance.
4. Plan Requirements: Except as otherwise specifically authorized in the City of
Anna Subdivision Regulations, no building permit or Floodplain Development
Permit shall be issued by the City for any parcel of land until a Final Plat — or
Development Plat, as applicable — of the land has been recorded.
5.
A
Height Regulations: No building shall exceed thirty-five feet (35').
Area Regulations: The following minimum standards shall be required as
measured from property lines:
Lot Size: 15,000 square feet
Lot Coverage: The combined area covered by all main
buildings and accessory structures shall not
exceed fifty percent (50%) of the total lot area.
Building Size: The minimum square footage of a dwelling unit,
shall be two thousand (2,000) sf.
Front Yard: 20 feet minimum
Rear Yard: 15 feet minimum (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.)
Side Yard, Interior: 5 feet minimum
Side Yard, Corner Lot,
Street Side: 15 feet minimum (45 feet where adjacent to
single Family or duplex residential District)
Lot Width: 100 feet minimum; (measured at the front
building line)
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Lot Depth: 150 feet minimum
Masonry (Brick or rock veneer): 80%
7. Parking Regulations: Two enclosed spaces behind the Front Yard line for single-
family Dwelling Units and HUD Code manufactured homes. Other off -Street
parking regulations are set forth in Section 38 of the City of Anna Zoning
Ordinance.
8. Sins: Signs in this District shall comply with the requirements of the City of
Anna Sign Ordinance (as amended).
TABLE NO. 3-1
Land Use Summary
IV. DEVELOPMENT AND DESIGN STANDARDS
A. Accessory Buildings: All development within The Villages of Hurricane Creek Planned
Development District shall comply with Section 35 of the City of Anna Zoning Ordinance
in effect at the time of City Council approval of this ordinance.
Nothing in this ordinance shall be construed as preventing any Architectural Control
Committee with jurisdiction over any neighborhood from further restricting permission,
location, and type of any accessory structure.
15
LAND USE SUMMARY
USE
ACREAGE +/-
SF LOTS
SF DENSITY
(UNITS/ACRE)
PERCENTAGE
SINGLE FAMILY RESIDENTIAL'PD-XX' - 50% MAXIMUM LOT COVERAGE
70'x 120' LOTS
84.07
365
4.34
51.4%
80'x 120' LOTS
45.32
185
4.08
27.7%
90'x 120' LOTS
14.61
55
3.76
8.9%
100'x 150' LOTS
19.70
49
2.49
12.0%
TOTAL
163.7
654
4.00
44.5%
OPEN SPACE
148.7
40.4%
FIRE STATION
2.5
0.7%
AMENITY CENTER
2.0
0.5%
ROW DEDICATION
51.3
13.9%
TOTAL
368.2
654
1.76 GROSS
100.0%
IV. DEVELOPMENT AND DESIGN STANDARDS
A. Accessory Buildings: All development within The Villages of Hurricane Creek Planned
Development District shall comply with Section 35 of the City of Anna Zoning Ordinance
in effect at the time of City Council approval of this ordinance.
Nothing in this ordinance shall be construed as preventing any Architectural Control
Committee with jurisdiction over any neighborhood from further restricting permission,
location, and type of any accessory structure.
15
B. Screening and Fences: All development within The Villages of Hurricane Creek Planned
Development District shall comply with Section 40 of the City of Anna Zoning Ordinance
in effect at the time of City Council approval of this ordinance
C. Landscape Standards: All development within The Villages of Hurricane Creek Planned
Development District shall comply with the City of Anna Code of Ordinance Part I11 -E
(Landscape Regulations) in effect at the time of City Council approval of this ordinance.
1. Tree Requirements:
For all single-family and duplex parcels, builders shall be required to plant two
large trees (minimum of three-inch caliper and seven feet high at time of
planting) per lot prior to obtaining a certificate of occupancy. At least one of the
trees shall be located in the front yard. Existing quality trees of at least three-
inch caliper size located on the lot shall count to meet this standard if
appropriate tree protection measures have been followed. (Ord. No. 56-2003,
adopted 2/11/2003)
Requirements for single family residential and duplex lots three-inch caliper
trees selected from the Large Tree list in the City of Anna Landscape Regulations
shall be planted on all single family residential, duplex, and town home lots. At
least one of the trees must be placed in the front yard of the lot. Single Family
Residential (SF -84) requires 3 trees. The following are approved large trees:
Caddo Maple
Pecan
Shagbark Hickory
DeodarCedar
Texas Persimmon
Black Walnut
Eastern Black Walnut
Red Cedar
Eastern Red Cedar
Sweetgum
Southern Magnolia
Chinese Pistachio
Texas Pistache
Bur Oak
Chinquapin Oak
Shumard Oak
Texas Red Oak
Live Oak
Western Soapberry
Bald Cypress
Winged Elm
American Elm
Cedar Elm
Chinese Elm
Lace Bark Elm
Siberian Elm
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D. Off -Street Parking Requirements: All development within The Villages of Hurricane
Creek Planned Development District shall comply with Section 38 of the City of Anna
Zoning Ordinance.
E. Residential Architectural Standards:
1) House repetition.
a. Within residential developments, single family homes with substantially
identical exterior elevations can only repeat every four (4) lots when
fronting the same right-of-way including both sides of the street.
b. Homes side by side or across the street within one house (directly
across the street or "caddy corner" across the street) shall not have
substantially identical exterior elevations.
2) Building Articulation. At least four fagade 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; balconies; brackets; shutters; 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. Horizontal banding continuing the length of the wall that faces a street,
or other similar highly visible areas.
c. The use of both stone and brick on the front elevations with a minimum
of ten percent coverage of one of the elements.
d. Front porch of at least 50 square feet.
e. The installation of at least two (2) coach lights.
f. Other techniques for Building Articulation can be substituted if
administratively approved by the Administrative Official.
3) Roofs.
a. Except for porch roofs and shed roofs, pitched roofs shall have a
minimum slope of 6" x 12" (six inches vertical rise for every 12 inches
horizontal run) and shall have an overhang at least 1' (one foot) beyond
the building wall; however, the overhang shall not encroach into a
setback more than one foot. Porch roofs and shed roofs must have a
minimum pitch of 4" x 12".
b. Roofing materials in all residential districts may only consist of
architectural asphalt shingles (including laminated dimensional
shingles), clay and concrete tile, metal shingles, mineral -surfaced row
roofing, slate and slate -type shingles, wood shingles, wood shakes or an
equivalent or better product as compared with said materials. Should
architectural shingles be used as roofing material, said shingles shall be
accompanied with a minimum 25 year warranty. Under no
circumstances shall three -tab shingles be used as roofing material.
4) Garages. Garages maybe front facing or J Swing type.
17
5) Fenestration.
a. Windowless exterior walls, excluding garage doors that face a public
right-of-way, or other similar highly visible areas are prohibited. On two
story structures, windows are required on the first and second story
facing a public right-of-way.
b. Windows shall be in harmony with and proportionate to the rest of the
structure.
c. The use of reflective glass on residential structures is prohibited.
Reflective glass will be defined as having a visible light reflectance rating
of 15% or greater
6) Masonry Content.
a. Except as noted below, the exterior walls (excluding windows and
doors) on the First Floor Front Elevation of any single family home shall
be 90 percent masonry and 80 percent on the second floor front
elevation. The total cumulative surface area of the remaining exterior
walls (excluding windows and doors) shall be 80% masonry.
b. Except as noted below, the exterior walls (excluding windows and
doors) on the Front Elevation of any multi -family structure shall be 100
percent masonry. The total surface area of the remaining exterior walls
(excluding windows and doors) shall be 90% masonry.
c. Second floor Dutch Gable Roof elements are not required to be
masonry if setback at least 3 feet from the first floor front elevation
vertical plane.
7) Exceptions to the Residential Architectural Standards in this section may be only
occur after application and review by the Planning and Zoning Commission and
approval by the City Council by Specific Use Permit.
(Ord. No. 597-2012, adopted 10/23/2012)
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V. DEVELOPMENT SCHEDULE
Date
Total Lots
2015
150
2016
250
2017
300
2018
375
2019
450
2020
550
2021
654
Home construction anticipated through the end of 2021.
Section 3. Official Zoning Map
The official Zoning Map of the City shall be corrected to reflect the change in zoning described
herein.
Section 4. Savings, Repealing and Severability Clauses
It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs,
subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase,
sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared
unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court
of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect
any of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions
of this ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words,
sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or
parts of ordinances in force when the provisions of this ordinance become effective that are
consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified
to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in
force when the provisions of this ordinance become effective that are inconsistent or in conflict
with the terms and provisions contained in this ordinance are hereby repealed only to the extent
of any such conflict.
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Section 5. Penalty
Any violation of any of the terms of this ordinance, whether denominated in this ordinance as
unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation
shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each day a
violation exists is considered a separate offense and will be punished separately.
Section 6. Publication of the Caption and Effective Date
This ordinance shall be effective upon its passage by the City Council, approval by the Mayor,
and posting and/or publication, if required by law, of its caption. The City Secretary is hereby
authorized and directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas this day of
2014.
ATTESTED:
Natha Wilkison, City Secretary
APPROVED:
Mike Crist, Mayor
20
EXHIBIT "A"
LEGAL DESCRIPTION
BEING all that certain tract of land situated in then Joseph Boyle Survey, Abstract Number 105, the John
Coffman Survey, Abstract Number 197 the J. M. Kincade Survey, Abstract Number 509 J. W. Mitchel
Survey, Abstract Number 565 the W. Rattan Survey, Abstract Number 752 and the T. Rattan Survey,
Abstract Number 785, Collin County, Texas and being all of a called 262.41 acre tract as described by
deed to Villages of Hurricane Creek, LP recorded in Volume 5430, Page 9864 of County Records, Collin
County, Texas and being part of a called 114.252 acre of land described by deed to Don Collins, et al
recorded in Volume 5257, Page 4877 of said County Records and being more particularly described by
metes and bounds as follows:
BEGINNING at the southeast corner of said 262.41 acre tract, in the west line of said 114.252 acre tract:
THENCE S 89°54'24"W, 2687.84 feet;
THENCE N 00°04'27"W, 387.21 feet;
THENCE N 89°58'14"W, 849.21 feet;
THENCE N 03°33'44"E, 1188.00 feet;
THENCE N 88°2626"W, 365.15 feet;
THENCE N 23°08'27"W, 67.47 feet;
THENCE N 02°48'15"E, 1930.31 feet;
THENCE N 89°5255"E, 465.63 feet;
THENCE N 89°15'32"E, 742.56 feet;
THENCE S 90°00'00"E, 1755.97 feet to the northeast corner of said 262.41 acre tract of land and being
the northwest corner of said 114.252 acre tract;
THENCE N 89°11'00"E, 794.06 feet;
THENCE S 00°10'57"W, 232.18 feet;
THENCE N 89°56'12"E, 1184.36 feet;
THENCE S 01°06'39"E, 55.96 feet to the beginning of a curve to the right;
THENCE with said curve to the right, an arc distance of 205.39 feet, through a central angle of 16°48'41",
having a radius of 700.00 feet, the long chord which bears S 07017'41"W, 204.65 feet;
21
THENCE S 15°42'02"W, 121.60 feet;
THENCE with said curve to the left, an arc distance of 205.39 feet, through a central angle of 16°48'41",
having a radius of 700.00 feet, the long chord which bears S 07°17'41"W, 204.65 feet;
THENCE S 01°06'39"E, 201.55 feet;
THENCE with said curve to the right, an arc distance of 116.43 feet, through a central angle of 09°31'48",
having a radius of 699.99 feet, the long chord which bears S 03°39'15"W, 116.30 feet;
THENCE S 08°25'09"W, 393.86 feet;
THENCE with said curve to the left, an arc distance of 101.69 feet, through a central angle of 08°19'23",
having a radius of 700.03 feet, the long chord which bears S 04°15'28"W, 101.60 feet;
THENCE S 00°05'44"W, 1035.62 feet;
THENCE with said curve to the right, an arc distance of 530.61 feet, through a central angle of 43°25'52",
having a radius of 700.00 feet, the long chord which bears S 21°48'40"W, 518.00 feet;
THENCE S 43°31'37"W, 241.38 feet;
THENCE with said curve to the right, an arc distance of 25.41 feet, through a central angle of 00°02'48",
having a radius of 400.00 feet, the long chord which bears S 43°40'02"W, 25.41 feet;
THENCE N 89°44'50"W, 655.06 feet;
THENCE S 00°56'11"E, 265.80 feet to the Point of Beginning and containing 16,037,378 square feet or
368.2 acres of land more or less.
22
EXHIBIT "B"
CONCEPT PLAN
23
�r
N
Exhibit M
Water Facilities
THE FINAL LOCATION AND ALIGNMENT OF THE WATER FACILITIES
SHALL BE SUBJECT TO APPROVAL BY THE CITY. THE DESIGN AND
CONSTRUCTION OF THE WATER FACILITIES SHALL CONFORM TO
THE MOST CURRENT CITY REGULATIONS. WATER LINES
CONSTRUCTED ADJACENT TO CR 368, COLLECTOR 11B", AND
COLLECTOR "C" SHALL BE CONSTRUCTED IN EASEMENTS OF
APPROPRIATE WIDTH TO ACCOMMODATE ACTIVITIES THAT ARE
NECESSARY TO MAINTAIN AND REPAIR WATER LINES.
PROPOSED oa
12" WATER LINE
OILECTOR'O6
L.. i L
�..®..e..i L..c m.�..�
PROPOSED OFFS4�71
12"WATER LIN
EXISTING
12" WATER LINE
MIS
PELOTON
LAND SOLUTIONS
10376 ".1 W. EWOTT OR. STE. 4001 FRISCO. TX 760331460-21}1300
75
PROPOSED OFFSITE
12" WATER LINE
PROPOSED 16" WATER LI
BY THE CITY OF ANNA
O O � 1111110
OPOSED 12" WATER LINE
BY THE CITY OF ANNA
EXHIBIT M - WATER FACILITIES
VILLAGES OF
HURRICANE CREEK
D
0 800 1600
GRAPHIC SCALE IN FEET
Exhibit N
Fire Station
�♦ 1���� --MEN
������ ��� iii
'FIRE STATION I
12.40 ACRES
LN #1 LN #2 LN #3 LN #4
51.03' 248.98' 439.11' 199.32'
N68°47'09"E S23°45'11"E N86°59'15"W N37°44'14"W Li(
455 75
CV #1 CV #2 CV #3 CV 44
R=925.00' R=300.00' R=300.00' R=2340.00'
A =287.89 A =55.44 =54.85 A =68.69
D=17° 49'56" D=10° 35'15" D=10° 28'35" D=01'40'55"
CB=N 77° 35'28" E CB=N 73° 58'08" E CB=N 74° 01'27" E CB=S 22° 54'43" E
CD=286.73 CD=55.36 CD=54.78 CD=68.69
EXHIBIT N - FIRE STATION
li:' P E L 0 T 0 N VILLAGES OF
i AII LAND SOLUTIONS HURRICANE CREEK
10875 JOHN W. FLLIOTT OR. ST 4001 FRISCO, TX ]50.831463213-1800
Exhibit O
Parkland Sites
LN #1 LN #2 LN #3 LN 44
1647.75' 101.38' 593.29' 615.11'
N00°44'12"E N55°37'16"E N88°22'22"E S00°09'05"W
LN #5 LN 46 LN #7 LN #8
CV #1 130.25' 195.92' 558.48' 891.47'
R=2925.00' S 56° 41'16" E N 82° 22' 13" E S 15° 59'05" W N 90° 00'00" W
0 =526.92
D=10° 19'17"
CB=S 05° 00'34" E
CD=526.21
i� �I � ♦� , 11 11111
�� ���� ��♦ �`���iiiii1111 1��
�/ ♦♦♦♦ � ♦ , ���/. ��� It, ,� 111,
♦WWA!
♦ Int � : �����/�I�� �� �� �
PUBLIC LAND DEDIC-'•- . ♦ loss .,1111 X111
.: AC -ES♦ ♦♦���soo1ft
1 1,111 111111
♦ •♦ ♦ ����� � iii i� � ��
41
z
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LN #1 LN #2 LN #3 LN #4
367.30' 492.78' 264.17' 262.94'
00° 15'27" E N 90° 00'00" E S 65'56'53" E S 00° 00'00" W
LN #5
735.67'
89° 44'33" W MWIM
EXHIBIT O - PARKLAND SITES
Mill
PELOTON VILLAGES OF
414LAND SOLUTIONS HURRICANE CREEK
10815 JOHN W. EUIOTT OR. STE. 4001 FRISCO, TX 75033 1 4 55-213A W
M
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(9
5
Exhibit P
City TIRZ/Grant Contribution Analysis -draft
for illustration purposes only
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10 F A skiNA
o. BOX 776
ANNA, TX 75403
Filed and Recorded
Official Public Records
Stacey Kemp. County Clerk
Collin County, TEXAS
04/16/2015 12:51:35 PM
$606.00 DLAIRD
20150416000428800 J