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HomeMy WebLinkAboutRes 2022-11-1305 Development Agreement with Anna FM 455 77 LLC (Hurricane Creek) RECORDEDCITY OF ANNA, TEXAS RESOLUTION NO. 20 :2,,2 - 11-1305 A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A DEVELOPMENT AGREEMENT WITH CHARLES COVEY— LANDVEST DEVELOPMENT, RELATING TO DEVELOPMENT AND DESIGN REGULATIONS FOR TOWNHOME DISTRICT SUBDIVISION GENERALLY LOCATED ON THE NORTH SIDE OF FARM -TO -MARKET ROAD 455, 3,830± FEET WEST OF STANDRIDGE BOULEVARD WHEREAS, Charles Covey — LandVest Development, is the Property Owner of real estate generally located on the north side of Farm -to -Market Road 455, 3,830± feet west of Standridge Boulevard; and WHEREAS, Property Owners desire to rezone the subject property to allow a Townhome District subdivision: and WHEREAS, Property Owner has agreed to development and design regulations should the City approve rezoning the property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes Section 2. Approval The City Council hereby approves the Development Agreement with Charles Covey — LandVest Development attached hereto as Exhibit A, and ratifies and approves the City Manager's execution of the same. The City Manager is hereby authorized to execute all documents and take all other actions necessary to finalize, act under and enforce the Agreement. PASSED by the City Council of the City of Anna, Texas, on this 8th day of November 2022. ATTESTED: APPROVED: OF I Carrie L. Land, City Secretary f" e Pike, Mayor DEVELOPMENT AGREEMENT This Development Agreement (this "Agreement") is entered effective as of October 25, 2022 ("Effective Date") between and among the City of Anna, Texas, a Texas home -rule municipality ("City") and Anna FM 455 77 LLC ("Owner") as follows: RECITALS WHEREAS, the Property, as described in Exhibit 1 and depicted on Exhibit 2 (the "Property") is subject to City Regulations, including without limitation the City's zoning regulations; and, WHEREAS, the current owner of the Property is in the process of transferring title to Owner; and, WHEREAS, Owner has applied to annex and zone the Property to allow for a Planned Development District (PD) that will allow for single-family townhomes built to modified Single - Family Townhome District (SF-TH) development standards and commercial built to modified C-1 Restricted Commercial District (C-1) development standards; and, WHEREAS, the City's Planning & Zoning Commission and City Council have given the requisite notices by publication and otherwise and have scheduled public hearings with respect to the rezoning of the Property as required by law; and, WHEREAS, in the event that the Property is annexed and zoned, the City and Owner desire to enter into a development agreement to establish development and design regulations to ensure that future single-family townhome and commercial developments are appropriate for the area and fits in well with adjacent properties; and, WHEREAS, it is the Parties' mutual intent that this agreement shall govern only the subject matter specifically set forth herein and shall supersede City Regulations only to the extent that any such City Regulations directly conflict with the terms of this Agreement; and, NOW, THEREFORE, in consideration of the above recitals and the mutual consideration as reflected in the covenants, duties and obligations contained herein, the sufficiency of which is hereby acknowledged, the Parties hereto agree as follows, effective as of the Effective Date: SECTION 1. RECITALS INCORPORATED. 4875-8482-1050.v5 The recitals set forth above are incorporated herein as if set forth in full to further describe the Parties', intent under this Agreement and said recitals constitute representations by Owner and the City. SECTION 2. DEVELOPMENT STANDARDS 1 BUILDING MATERIALS. A. Development and use of the Property, including, without limitation, the construction, installation, maintenance, repair, and replacement of all buildings and all other improvements and facilities of any kind whatsoever on and within the Property, shall be in compliance with City Regulations unless expressly stated to the contrary in this Agreement. City Regulations shall apply to the development and use of the Property unless expressly set forth to the contrary in this Agreement. It is expressly understood u�e� ('CPOrc�i G C8j zo A tel no, I 1 k 7540G I nd the Parties agree that City Regulations applicable to the Property and its use and development include but are not limited to City Code provisions, ordinances, design standards, uniform codes, zoning regulations not affected by this Agreement, and other policies duly adopted by the City including without limitation any such regulations or requirements that were affected by the passage of Texas H.B. 2439, 86(R), codified as Chapter 3000 of the Texas Government Code ("Materials and Methods Regulations"), which are collectively incorporated herein as if set forth in full for all purposes; provided, however, to the extent of any conflict between the requirements of Materials and Methods ReJgulations and the requirements of this Agreement, this Agreement shall control. For purposes of this Agreement, "City Regulations" mean the City's applicable development regulations in effect on the Effective Date, including without limitation City Code provisions, ordinances (including, without limitation, all development fees), design standards, and other policies duly adopted by the City; provided, however, that as it relates to public infrastructure for any given phase of the Project, the applicable construction standards (including, without limitation, uniform building codes) shall be those that the City has duly adopted at the time of the fling of an application for a preliminary plat for that phase unless construction has not commenced within two years of approval of such preliminary plat in which case the construction standards shall be those that the City has duly adopted at the time that construction commences. B. With respect to all structures/development within the PD Zoning District, Owner agrees to comply and/or to cause all other persons or entities to comply and any other successors or assigns to comply with all City Regulations and with the masonry material requirements and all other requirements of the Anna City Code of Ordinances, Article 9.04 Zoning Ordinance, Section 9.04.034 Supplementary District Regulations, Subsection (e) Architectural Design Standards, which are incorporated herein as if set forth in full for all purposes, and with the following standards (in the event of any conflict, the following listed standards shall govern). Notwithstanding the foregoing, a Subsequent Owner upon a Closing (as hereinafter defined) must agree in writing to assume Owner's responsibilities set forth herein. For purposes of this Agreement the term "Subsequent Owner" means any person or entity that acquires all or any part of the Property from Owner or Owner's successor in title to the Property or any part thereof. Single -Family Townhome Buildings SF -THE A. Except as noted below, the exterior walls (excluding windows and doors) on the first floor front elevation of any structure shall be 25 percent masonry and 15 percent masonry on the second floor front elevation. The total cumulative surface area of the remaining exterior walls (excluding windows and doors) shall be 10 percent masonry. B. The masonry standards that apply to the front elevation of any residence building as described in subsection A above shall also apply to any exterior walls on any residence buildings that are: (i) adjacent to and face a public right-of-way; or (ii) visible from land located immediately adjacent to a public park, reserved open space, or neighborhood common area, or an undeveloped flood hazard or drainage area that is also adjacent to a public street. C. All other non -masonry surfaces shall be accompanied with a minimum 30-year warranty siding by James Hardie, LP, SmartSide, or similar. This includes trim, fascia, and soffit panels, but does not include decorative columns, corbels, or other architectural embellishments. D. A maximum of 10 percent of any exposed exterior wall may consist of exterior insulation and finish system (EIFS). E. Second floor Dutch gable roof elements are not required to be masonry if set back at least 3 feet from the first -floor front elevation vertical plane. F. Roofs: I. 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", H. Roofing materials of any structure 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, 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 circumstance shall three -tab shingles be used as roofing material. G. Building articulation: At least four (4) facade articulation techniques are required on each unit to add architectural variety and interest to a building. The following features shall be acceptable techniques of exterior articulation. I. A base course or plinth course; banding, moldings, or stringcourses; quoins; oriels; comices; arches; brackets; keystones; dormers; louvers as part of the exterior wall construction. (Quoins and banding shall wrap around the corners of the structure for at least two feet.). H. Balconies. M. Bay windows. IV. Covered Entry(ies) V. Other techniques for building articulation can be substituted if administratively approved by the administrative official. H . Fenestration: I. Windowless exterior walls that face a travel way or other similar highly visible areas are prohibited. On two-story structures, windows are required on the first and second story facing a travel way. H. Windows shall be in harmony with and proportionate to the rest of the structure. M. 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. Nonresidential RuildinQs(C-1) A. The exterior walls (excluding doors, door frames, windows, and window frames) shall use only stone, brick, and/or split face concrete. masonry units in the construction of the exterior facade that are visible to the public. B. At least 60 percent of exterior facades not visible to the public (excluding doors, door frames, windows, and window frames) are required to be brick or rock veneer. C. A maximum of 10 percent of any exposed exterior wall may consist of EIFS D. Where the function of an individual business, or the recognized identity of a brand dictates a specific style, image, or building material associated with that company, the masonry provision may be modified; however, the development shall maintain harmony in terms of overall project design and appearance, and such design shall be subject to approval by the City Council. SECTION 3. NOTICES. Any and all notices required to be given by either of the parties hereto must be in writing and will be deemed delivered upon personal service, if hand -delivered, or when mailed in the United States mail, certified, return receipt requested, addressed as follows: To City: City Manager City of Anna 120 W. 7th Street Anna, Texas 75409 To Property Owner: Anna FM 455 77 LLC 704 E. Central Pkwy, Ste 1220 Plano, Texas 75074 Attn: Charles Covey SECTION 4. MODIFICATIONS OR TERMINATION. A. This Agreement may only be modified and/or terminated as follows: (a) by mutual written agreement of the City and Owner or, after a Closing (as hereinafter defined), by a Subsequent Owner instead of Owner; and/or (b) unilaterally by City upon default of the Owner or Subsequent Owner, subject to the notice and cure provisions contained in Section 5 herein. Notwithstanding the foregoing or any other provision of this Agreement, this Agreement shall terminate and be null and void ab inifio if (i) title of the Property is not transferred to Owner by December 31, 2022, or (ii) the City does not approve the Zoning Change on or before the 31 st day of March 2023. SECTION 5. DEFAULT. If Owner, its heirs, successors or assigns or any Subsequent Owner of the Property or any part thereof fails to comply with any of the material terms and conditions included in this Agreement (such defaulting owner referenced herein as "Defaulting Owner"), the City will have the following non-exclusive and cumulative remedies, subject to the cure period contained herein. A. Withholdipg of utilities or withholding or revocation of permits and other approvals required for development and use of the portion of the Property that is the subject of the default (but no other portions of the Property) including without limitation building permits and certificates of occupancy. B. The non -defaulting party will additionally have any and all remedies, including without limitation injunctive and specific performance, available to it at equity or in law (but expressly excluding special, consequential, or punitive damages. Notwithstanding the foregoing, a Defaulting Owner shall not be liable for the remedies under this section unless there is a breach of any material term or condition of this Agreement and such breach remains uncured after forty-five (45) calendar days following receipt of written notice from the City provided in accordance with this Agreement describing said breach in reasonable detail (or, if the cure of the breach has diligently and continuously been undertaken but reasonably requires more than forty-five (45) calendar days to cure, then such additional amount of time as is reasonably necessary to effect the cure, as determined by both Parties mutually and in good faith but in no event shall such additional period exceed 120 days unless agreed -to in writing by the parties to this Agreement). SECTION 6. BINDING ON SUCCESSORS, AGREEMENT RUNS WITH THE LAND. This Agreement will be binding upon and inure to the benefit of the parties' respective successors, assigns and personal representatives. This Agreement runs with the land and is binding on all subsequent owners of the Property or any portions thereof. This section shall be construed liberally to ensure the Parties' intent that this Agreement shall be enforceable regardless of any change of ownership of or interest in the Property. Notwithstanding anything to the contrary in this Section 6 or elsewhere in this Agreement, if the Owner or a Subsequent Owner (the "Transferor") conveys, assigns, or transfers its entire interest in the Property or a part thereof (the "transferred Property") to a Subsequent Owner (the "Transferee") who assumes Transferor's obligations under this Agreement with respect to the transferred Property, the Transferor shall be automatically released from its obligations under this Agreement relating to the transferred Property subsequent to the date of transfer. SECTION T. INDEMNIFICATION AND HOLD HARMLESS. THE OWNER OR ANY SUBSEQUENT OWNER OF THE PROPERTY IN THE EVENT OF A CLOSING (THE "INDEMNIFYING PARTY"), HEREBY COVENANTS AND AGREES TO RELEASE, DEFEND, HOLD HARMLESS. AND INDEMNIFY THE CITY AND ITS OFFICIALS, OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ALL THIRD - PARTY CLAIMS, SUITS, JUDGMENTS, DAMAGES. AND DEMANDS AGAINST THE Cl WHETHER REAL OR ASSERTED INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEY'S FEES, RELATED EXPENSES, EXPERT WITNESS FEES, CONSULTANT FEES, AND OTHER COSTS (TOGETHER, "CLAIMS"), ARISING OUT OF THE NEGLIGENCE OR OTHER WRONGFUL CONDUCT OF THE INDEMNIFYING PARTY, INCLUDING WITHOUT LIMITATION THE NEGLIGENCE OR OTHER WRONGFUL CONDUCT OF ANY OF ITS EMPLOYEES, CONTRACTORS, SUBCONTRACTORS. MATERIAL MEN, AND AGENTS, IN CONNECTION WITH THE DESIGN OR CONSTRUCTION OF ANY PUBLIC INFRASTRUCTURE. STRUCTURES,_ OR OTHER FACILITIES OR IMPROVEMENTS THAT ARE REQUIRED OR PERMITTED UNDER THIS AGREEMENT AND/OR CITY REGULATIONS AND/OR ANY APPLICABLE DEVELOPMENT STANDARDS AND/OR ANY OTHER GOVERNING REGULATIONS: AND IT IS EXPRESSLY UNDERSTOOD THAT SUCH CLAIMS SHALL, EXCEPT AS MODIFIED BELOW, INCLUDE CLAIMS EVEN IF CAUSED BY THE CITY'S OWN CONCURRENT NEGLIGENCE SUBJECT TO THE TERMS OF THIS SECTION. THE INDEMNIFYING PARTY SHALL NOT, HOWEVER, BE REQUIRED TO INDEMNIFY THE CITY AGAINST CLAIMS CAUSED BY THE CITY'S SOLE NEGLIGENCE OR BY THE CITY'S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. IF THE CITY INCURS CLAIMS THAT ARE CAUSED BY THE CONCURRENT NEGLIGENCE OF THE INDEMNIFYING PARTY AND THE CITY, THE INDEMNIFYING PARTY'S INDEMNITY OBLIGATION WILL BE LIMITED TO A FRACTION OF THE TOTAL CLAIMS EQUIVALENT TO THE INDEMNIFYING PARTY'S OWN PERCENTAGE OF RESPONSIBILITY. THE INDEMNIFYING PARTY FURTHER COVENANTS AND AGREES TO RELEASE, DEFEND. HOLD HARMLESS, AND INDEMNIFY, THE CITY AGAINST ANY AND ALL CLAIMS BY ANY PERSON CLAIMING AN OWNERSHIP INTEREST IN THE PROPERTY AS OF THE EFFECTIVE DATE WHO HAS NOT SIGNED THIS AGREEMENT IF SUCH CLAIMS RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH: (1) THE CITY'S RELIANCE UPON ANY OF THE INDEMNIFYING PARTIES' REPRESENTATIONS IN THIS AGREEMENT,(2) THIS AGREEMENT OR OWNERSHIP OF THE PROPERTY; OR (3) THE CITY'S APPROVAL OF ANY TYPE OF DEVELOPMENT APPLICATION OR SUBMISSION WITH RESPECT TO THE PROPERTY. At no time shall the City have any control over or charge of the design, construction or installation of any of the improvements to the Property or related work or undertakings, nor the means, methods, techniques, sequences or procedures utilized for the design, construction or installation related to same. This Agreement does not create a joint enterprise or venture between the City and any of the Indemnified Parties. This section shall survive the termination of this Agreement. SECTION S. RECORDATION. This document, including all Exhibits, may be recorded in the Official Records of Collin County, Texas. SECTION 9. ENTIRE AGREEMENT. This Agreement is the entire agreement of the parties regarding the subject matter hereto. SECTION 10. RECITALS AND EXHIBITS. The recitals herein and exhibits attached hereto are hereby incorporated by reference. SECTION 11. AUTHORITY. Owner represents and warrants to the City that the Owner owns the Property and that this Agreement is binding and enforceable on the Property. Owner may sell the Property or a part thereof to a person or entity (the "Closing") prior to commencement of site construction on the property sold, and in such event the Subsequent Owner shall be required to acknowledge and assume all obligations, liabilities and indemnifications under this Agreement. SECTION 12. INVALID PROVISIONS. If any provision of this Agreement is held not valid, such provision will be deemed to be excised there from and the invalidity thereof will not affect any of the other provisions contained herein. SECTION 13. ESTOPPEL. On or before 45 days after receipt of a written request from an owner of the Property that desires to transfer its interest in the Property or borrow money secured by a mortgage or deed of trust against the Property or a prospective transferee of an owner's interest or an existing; or prospective mortgagee, the City will execute and deliver an estoppel certificate stating that, to the best of the City's knowledge: (i) the transferring or borrowing owner is not in default under this Agreement; and (ii) this Agreement is in full force and effect and whether there are any amendments thereto. SECTION 14. FORCE MAJEURE. Whenever a period of time is prescribed in this Agreement for a Party (the "Acting Party") to take an action (other than a payment obligation), the Acting Party will not be liable or responsible for, and there will be excluded from the computation of any such time period, the period of time (the "Force Majeure Period") of delays caused by strikes, riots, acts of God, pandemic, enemy action, shortages of labor or materials, war, acts of terrorism, flood, fire, explosion, unavoidable casualty, or any other causes that are beyond the reasonable control of the Acting Party or any of its employees, agents, or contractors, but not any economic hardship, changes in market conditions, and insufficiency of funds ("Force Majeure"). However, a date will only be extended by a Force Majeure Period if the Acting Party gives notice to the other Party of the occurrence or commencement of the event that constitutes Force Majeure within ten days after the Acting Party knows of the existence or commencement of such event, and claims (in such notice) that such event constitutes Force Majeure. A Party that has claimed the right to temporarily suspend its performance under this section shall provide written reports to the other Party at least once every week detailing: (i) the extent to which the force majeure event or circumstance continue to prevent the Party's performance; (ii) all of the measures being employed to regain the ability to perform; and (ill) the projected date upon which the Party will be able to resume performance, which projected date the Parties agree and acknowledge is only an estimate and not a binding commitment by the Party claiming force majeure. SECTION 16. VESTED RIGHTS. This Agreement shall constitute a "permit" (as defined in Chapter 245 of the Texas Local Government Code) that is deemed fled with the City on the Effective Date. DEVELOPER WAIVES ALL CLAIMS THAT ANY OBLIGATION INCURRED BY OWNER SET OUT IN THIS AGREEMENT CONSTITUTES A `TAKING AN ILLEGAL EXACTION, OR INVERSE CONDEMNATION OF ALL OR ANY PORTION OF THE PROPERTY. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, DEVELOPER DOES NOT, BY ENTERING INTO THIS AGREEMENT, WAIVE (AND DEVELOPER EXPRESSLY RESERVES) ANY RIGHTS AND CLAIMS THAT DEVELOPER MAY HAVE ARISING FROM ANY ACTION BY THE CITY AFTER THE EFFECTIVE DATE. THE CITY SHALL NOT BE REQUIRED TO DETERMINE ROUGH PROPORTIONALITY OR NECESSITY AS PROVIDED FOR IN SECTION 212.904 OF THE TEXAS LOCAL GOVERNMENT CODE FOR ANY DEDICATIONS OR IMPROVEMENTS REQUIRED UNDER THIS AGREEMENT, AS AMENDED OR OTHERWISE PROPOSED BY OWNER. SECTION 15. EFFECTIVE DATE. This Agreement will be effective upon the Effective Date first stated herein. 4875-8482-1050.v5 CITY OF ANNA By: J m Pr ce, Manager [signature page follows] IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned notary public, on the_ 1 5+ day ofjJOV , 2022, appeared Jim Proce, known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as City Manager of the City of Anna, Texas. Notary Public, State of Texas ANNA FM 455 77 LLC, a Texas limited liability company By: LandVest Development LLC, a Texas limited liability company its Manager By: Charles Covey, its Manager JEOVANNA RUBIO ;k_Notary Public, State of Texas ?+'.= Comm. Expires 10A3.2026 Notary ID 133995676 IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF DALL''A//S Before me, the undersigned notary public, on thej/4 day of.�/w 2022, appeared Charles Covey known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same in his/her capacity as manager of LandVest Development LLC, a Texas limited liability company, manager of Anna FM 455 77 LLC, a Texas limited liability company and further verified under oath that he has au rity to sign on beh and bind said limited liability company. JIF ME Notary Public, State of Texas 4875-8482-1050.v5 EXHIBIT 161" PROPERTY DESCRIPTION EXHIBIT I METES AND BOUNDS DESCRIPTION TRACT 1 BEING a 77.87 Acre Tract of land out of the John M. Kincade Survey, Abstract 510, and the John M. Kincade Survey, Abstract 509, and being further described by metes and bounds as follows: BEGINNING at a 1/2 Inch Iron Rod Found for the Southeast Corner in the North Right -of -Way line of West Farm to Market Road 455, as described in Volume 372, Page 243, Deed Records of Colin County, Texas, same being the Southwest Corner of a 29.77 Acre Tract of land described in County Clerk File No. 20180925001201240, Deed Records of Collin County, Texas; THENCE South 77°36'45" West-1028.45 feet along the North Right -of -Way line of said West Farm to Marked Road 455 to a Point in the East line of a 63.99 Acre Tract of land described in County Clerk File No. 20140313000236380, Deed Records of Collin County, Texas, for a Corner; THENCE North 3°35'52" East -14.00 feet along the East line of said 63.99 Acre Tract to a Point for a Corner, same being the Northwest Corner of said 63.99 Acre Tract of land; THENCE North 86°02'43" West - 501.30 feet along the North line of said 63.99 Acre Tract of land to a Point for a Corner; THENCE North 43°45'41" West - 122.49 feet along the North Right -of -Way line of said West Farm to Market Road 455 to a Point for a Corner; THENCE along the meanderings of Hurricane Creek as follows: North 63°48'23" East-140.02 feet; South 75° 15'51" East - 49.90 feet; South 57°40'00" East - 44.20 feet; North 89°44'36" East-107.41 feet; North 48°55'48" East-103.32 feet; North 64°54'23" East - 74.46 feet; North 62'17'41" East - 124.25 feet; North 1497'26" East - 95.67 feet; North 32°25'00" East - 54.23 feet; North 12°35'00" West - 51.32 feet; North 9033'43" West-110.71 feet; North 32°08'42" East - 77.87 feet; South 83°41' 15" East - 102.37 feet; North 73'44' 18" East - 93.90 feet; North 16'23' 10" East - 115.20 feet; North 52°46'50" East - 88.53 feet; North 35' 10'33" West - 93.83 feet; North 22°53'55" West-103.54 feet; North 8° 10'48" West - 94.81 feet; North 6°41'57" East-127.38 feet; North 1 °01 "25" West - 93.69 feet; North 7'54' 12" East-133.31 feet; North 54°07'56" East - 46.44 feet; North 77°55'56" East - 76.64 feet; North 35°34'33" East - 124.65 feet; North 13' 10'24" East - 201.43; North 8°46'59" West-117.12 feet; North 25°51'32" West - 30.29 feet; South 76'28' 11" West - 15.45 feet; North 70°48'07" West - 69.74 feet; North 31 °28'46" West - 33.06 feet; North 7°42'30" West - 63.04 feet; North 26'34' 17" East - 95.71 feet; North 27°46'49" East-100.83 feet; North 24'27' 13" East-124.78 feet; North 19°30'51" East - 75.28 feet; North 27°13'41" West - 36.27 feet; North 44°39'26" East-125.27; North 68'45' 18" East - 240.64; North 66°00'29" East - 72.36 feet; North 32'19' 15" East - 80.62 feet; North 9°2939" East - 89.76 feet; North 2°15'58" West-150.07 feet; North 32°04'56" East - 70.96 feet; North 38°59'00" East -64.23 feet; North 36°54'37" East - 65.70 feet; North 9° 17'24" East -55.85 feet; North 31 °59'29" West - 82.42 feet; North 70'19'07" West- 56.76 feet; North 63'13'35" West-83.18 feet; North 43°48'05" West -97.72 feet; North 57°26'30" West - 73.98 feet; North 37'46' 16" West-109.38 feet; North 25°54'03" West - 85.00 feet; North 21 °38'07" West -91.88 feet; North 1 °04'42" West-120.37 feet; North 27°24'32" West - 128.59 feet; North 20°33'50" West-113.81 feet; North 7°00'29" West - 64.14 feet; North 8°40'57" East - 81.41 feet; North 51°45'31" East-126.70 feet; North 63°47'35" East-111.19 feet; North 53°45'52" East-113.07 feet; North 57°55'42" East - 151.71 feet; North 81°30'03" East - 209.84 feet; North 6716'36" East - 92.02 feet to a Point for a Corner in the West line of a 262.04 Acre Tract of land described in County Clerk File No. 20150529000631020, Deed Records of Collin County, Texas, same being the Northwest Corner of said 262.04 Acre Tract; THENCE South 1 °42' 14" West - 1900.42 feet along the West line of said 262.04 Acre Tract to a 1/2 Inch Iron Rod Found for a Corner; THENCE South 24° 14'34" East - 75.83 feet to a 1 /2 Inch Iron Rod Found for a Corner in the North line of said John M. Kincade Survey, Abstract 510; THENCE South 89°28'30" East-349.90 feet along the North line of said John M. Kincade Survey, Abstract 510, to a 1 /2 Inch Iron Rod Found for a Corner; THENCE South 2°35'46" West—1187.46 feet along the West line of said 262.03 Acre Tract of land to a 1 /2 Inch Iron Rod Found for a Corner; THENCE South 89'15'47" West—368.75 feet along the North line of a 29.77 Acre Tract of land described in County Clerk File No. 20180925001201240, Deed Records of Collin County, Texas, to a Point for a Corner, same being the Northwest Corner of said 29.77 Acre Tract; THENCE South 0° 17'07" West—1124.68 feet along the West line of said 29.77 Acre Tract of land to the POINT OF BEGINNING and containing within these calls a calculated area of 77.87 Acres of land, more or less. I%C'/NIT)- .114P Site locc—I t5]9 Acaa � _ 616 LLC CFN9 C:30llp616WWWC60 . .. . � 6 4 9 EdeItih6:It— �l �4 CCFV:3W]091(=735190 b ~x Ac U.bti.11 um��a.e _ ..an a«..,.,.,,, W , r,.. M. 1.,..... Ol . �uhx.«enff�uP««�y��ry u . maan s:wmieau.,s..nuuus..m.,w...x 'P. t—e neeuYa w M��� ��mev'wvv"vpawt�nnvwf �.an npwmrmv Mbwl.e.«uuvw�wexnMs+�i+.wwp. A+.. Tenf. nawb>wYw f vuveq.afaaewv4uweev.nwhb�fY.�n�.rrtrvnwmmax Ap IRNA nee umubbiLC 5 ' Yn CCEN: 20190.71610T/E&1 w A,,,—FENAf l / s 2639 Acres unwdti„bw M1ficNd lake NeWritlr - V=825?366 N ue,e9 u� T6a wane newel 1tnw61e Li m1aW2soo1mlIMLe / cc)T1: zao / ua>vem.l•a ;/ /. stern x916a�uc n / ccnv: xolW9zsW1291x.10 A I}1 BOUNDARY SURVEY x9M=m Creek mca mars Mrlq WC91Hn Ceunb, TeY® EXHIBIT " 2" CONCEPT PLAN 9 6 ■I�i:�1u021 a ii 0� J / f U_22-221 --L- / J juiub9 vacs Uvb n.dividcd Sunlit Ilnldiuge LLC CCFN: 10190925001201140 / r jt I ICINIT ) iIIAP (N., to Se. e) TYPICAL .",P TH LOT DETAII. ANI'HOVLU NOVEMBER 6, 2022 CITY COUNCIL CITY OF ANNA OCTOBER 3, 2022 P&Z COMMISSION \\.. CITY OF ANNA CONCEPTPLAN WINTOF NF�NN H reene 2T8NB,SPT,H One C-1EXHIBIT 2 Lot, i' / — ` oiwevenumnow.ycn.es.uoolxeim,um� LEGEND Iantl Ten Common Areo moots. 1 OF2 I'ICINIT}' rl?AP 3 262.04 Acres (Not to $COB) uncubdivided CADG`I4unicenc Creek LLC unawW ol- KCKM ssuln t mi8 LI C P L CCFN: 2015U529000631020 r / / f 63.99 Acres Unsubdivided Sunlit Holdings LLC CCFN: 20180925001201240 NOVEMBER 8, 2022 CITY COUNCIL CITY OF ANNA OCTOBER 3, 2022 P&Z COMMISSION LEGEND EXHIBIT 2The 1�11 88 FTH ei s, ine C Creek 488 SF-iH Lob, one C-I Lot. and tee eoremaet. o� o Lo 2 OF 2 ,="a N` > a e,e Collin County Honorable Stacey Kemp Collin County Clerk Instrument Number: 2022000166510 Real Property AGREEMENT Recorded On: November 17, 2022 01:46 PM Number of Pages: 16 " Examined and Charged as Follows: " Total Recording: $82.00 *********** THIS PAGE IS PART OF THE INSTRUMENT Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Document Number: Receipt Number: Recorded Date/Time: User: Station: 2022000166510 20221117000381 November 17, 2022 01:46 PM Kacy M Station 8 Record and Return To: CITY OF ANNA 120 W 7TH ST ANNA TX 75409 STATE OF TEXAS Collin County I hereby certify that this Instrument was fled in the File Number sequence on the date/time printed hereon, and was duly recorded in the Official Public Records of Collin County, Texas Honorable Stacey Kemp Collin County Clerk Collin County, TX THE CITY OF Anna AGENDA ITEM: Item No. 7.c. City Council Agenda Staff Report Meeting Date: 11/8/2022 Staff Contact: Lauren Mecke Consider/Discuss/Action on a Resolution regarding The Parks of Hurricane Creek, Development Agreement. (Planning Manager Lauren Macke) SUMMARY: The intent of the development agreement is to ensure the use of high quality, durable materials for nonresidential and residential development within the city to create well designed and attractive architecture. The applicant is proposing the following masonry standards: Single -Family Townhome District First floor, front elevation: 25% masonry Second floor, front elevation: 15% masonry Remaining cumulative surface (excluding windows and doors): 10% masonry Restricted Commercial Exterior facade visible to the public: 100% masonry Exterior facade not visible to the public: 60% masonry The applicant has chosen not to propose construction timelines/deadlines within the development agreement. FINANCIAL IMPACT: N/A STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned Managed Growth 61f1laAIZXd0]SriIuI=In9M it Approving the development agreement in no way puts an obligation on the City Council to approve the rezoning request. It only puts in place development and design regulations should the decision be made to approve the zoning request. ATTACHMENTS: 1. Resolution - DA (The Parks at Hurricane Creek) 2. Final DA (The Parks at Hurricane Creek) APPROVALS: Ross Altobelli, Director of Development Services Created/Initiated - 11 /2/2022 Ross Altobelli, Director of Development Services Approved - 11/2/2022 Jim Proce, City Manager Final Approval-11/3/2022