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HomeMy WebLinkAboutRes 2022-12-1341 Development Agreement with Anna 1340 Holdings, LLC (Anna Station) RECORDEDCITY OF ANNA, TEXAS RESOLUTION NO. 20m2,�-' 1 " 1 )'4 1 A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A DEVELOPMENT AGREEMENT WITH ANNA 1340 HOLDINGS, LLC, RELATING TO DEVELOPMENT AND DESIGN REGULATIONS FOR MULTIPLE -FAMILY RESIDENCE DEVELOPMENT GENERALLY LOCATED ON THE SOUTH SIDE OF COUNTY ROAD 1106, 175± FEET EAST OF STATE HIGHWAY 5. WHEREAS, Anna 1340 Holdings, LLC is the Property Owner and ONM Living is the Developer of real estate generally located on the south side of County Road 1106, 175± feet east of State Highway 5.; and WHEREAS, Property Owner and Developer desires to amend the zoning for the subject property to allow a multiple -family residence development; and WHEREAS, Property Owner and Developer 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 Anna 1340 Holdings, LLC and ONM Living 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 13th day of December 2022. ATTESTED: Carrie L. Land, 1911, ROVED: Mayor DEVELOPMENT AGREEMENT This Development Agreement (this "Agreement") is entered effective as of December 13, 2022 ("Effective Date") between and among the City of Anna, Texas, a Texas home -rule municipality ("City") and Anna1340 Holdings, 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 Property is presently under contract (the "Contract") to be sold by the Property Owner to ONM Living ("Developer"), so that the Property will be purchased by the Developer from the Property Owner; and WHEREAS, the current zoning classification of the Property is Planned Development (Ord. No. 977-2022) (the "Original Zoning Classification"); and, WHEREAS, the Owner has applied to amend the zoning of the Property to modify standards of Planned Development-MF-1 Multiple -Family Residential Medium Density (PD-MF-1) to allow for multiple -family residence on one lot with modified development standards. (the "Zoning Change"); 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 rezoned, the City, Owner, and Developer desire to enter into a development agreement to establish development and design regulations to ensure that future multiple family residence development is 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 development 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: 1 I Page SECTION 1. RECITALS INCORPORATED. The recitals set forth above are incorporated herein as if set forth in full to further describe the Parties' intent under this development agreement and said recitals constitute representations by Owner and the City. SECTION 2. DEVELOPMENT STANDARDS / 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 and 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 Regulations 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 filing of an application for a preliminary plat for that phase unless construction has not commenced within two years of approval of such preliminary plat in which case the construction standards shall be those that the City has duly adopted at the time that construction commences. B. With respect to all structures/development within the PD-MF-1 Zoning District, Owner and Developer 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. 2 1 P a g e A. Except as noted below, the exterior walls (excluding windows and doors) on all buildings shall be a minimum 20 percent masonry on front, side, and rear elevations. See Exhibit 3 and 4. B. The exterior walls (excluding windows and doors) of 50 percent of the buildings shall be a minimum 70 percent masonry on the first -floor front elevation. C. 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 a structure that are: i. Adjacent to and face a public street or fire lane; or ii. Visible from and 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. 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. The masonry standards that apply to the front elevation of any residence building structure as described in subsection (A) above shall also apply to any exterior walls on a structure that are: (i) adjacent to and face a public street or fire lane; or (ii) visible from and 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. G. Roofing materials of a 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 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 circumstance shall three -tab shingles be used as roofing material. H. 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". 3 1 P a g e ii. 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, 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. Building articulation: At least three (3) 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; cornices; arches; brackets; keystones; dormers; louvers as part of the exterior wall construction. (Quoins and banding shall wrap around the corners of the structure for at least two feet.). ii. Balconies. iii. Bay windows. iv. Double -entry door(s). v. Covered Entry(ies) vi. The use of both stone and brick on the front elevations with a minimum of ten percent coverage of one of the elements. vii. Front porch of at least 50 square feet. viii. The installation of at least two (2) coach lights. ix. Other techniques for building articulation can be substituted if administratively approved by the administrative official. a. Shutters b. Columns c. Architectural wooden accents J. 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 4 1 P a g e second story facing a travel way. ii. Windows shall be in harmony with and proportionate to the rest of the structure. iii. 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. 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 111 North Powell Parkway PO Box 776 Anna, Texas 75409 To Property Owner: Anna1340 Holdings, LLC 5900 S Lake Forest Drive McKinney, TX 75070 Attn: Prithviraj Loganathan To Developer: ONM Living 1038 Texan Trail Grapevine, TX 76051 Attn: Zac Thompson SECTION 4. DEADLINES, 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/Developer 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. Notwithstanding the foregoing or any other provision of this Agreement, this Agreement shall terminate and be null and void if the City does not approve the Zoning Change on or before the 13th day of December 2022. The parties acknowledge and agree that the rezoning of the Property is a legislative act and that this Agreement does not bind the City Council to approve any proposed rezoning of the Property. B. Owner/Developer or any Subsequent Owner shall be obligated under this Agreement to timely meet the following deadlines: 1. Within 120 days after City Council approval of the Zoning Change, 5 1 P a g e Owner/Developer will have submitted a preliminary plat and tree preservation plan for the Property. 2. Within 180 days after the City has approved the preliminary plat, Owner/Developer shall have submitted a site plan, landscaping plan, lighting plan, final plat (showing easements, fire lanes and utilities for the multiple -family residence development), and civil plans. 3. A preconstruction meeting between Owner/Developer and City staff shall occur within 90 days of final approval of the civil plans. 4. Site construction pursuant to final approved civil plans must commence within 90 days after the preconstruction meeting. 5. Owner/Developer must submit plans and specifications for the buildings and other improvements not part of the civil plans (the "Building Plans") no later than 270 days after civil plans are approved by the City. After the last to occur of (a) approval of the Building Plans by the City of Anna, (b) completion of all construction pursuant to civil plans, (c) acceptance of all civil construction and public improvements by the City of Anna, and (d) recordation of the multiple -family residence development final replat, Owner/Developer must submit an application for a building permit within 60 days thereafter (including without limitation the payment of all fees due to the City as required to develop the Property). 6. Recordation in the Official Records of Collin County, Texas of the multiple family residence development final plat must occur within 180 days of commencement of site construction. 7. Vertical construction pursuant to the Building Plans for approved structures must commence within 120 days after the later to occur of the recordation of the multi- family residence final plat and obtaining a building permit. C. Not by way of limitation as to other material terms and conditions, the deadlines stated above are material terms and conditions of this Agreement and any failure to meet any of the deadlines above (each, a "Deadline Default") is a material default under this Agreement. In addition to all other remedies that the City may enforce under this Agreement or that is available to the City at law or in equity in the event of a Deadline Default, the City may in its sole discretion initiate and pursue a zoning case to change the zoning classification back to the Original Zoning Classification. In the event that the City initiates such a zoning case after a Deadline Default, the Owner/Developer shall not oppose the zoning case and shall be deemed to have fully and irrevocably released and 6 1 P a g e waived any claim, cause of action, litigation or other challenge or proceeding to such zoning case on any legal basis or theory whatsoever. SECTION 5. DEFAULT. If Owner/Developer, 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. A. Withholding 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 Defaulting Owner shall be liable to pay to the City the sum of $2,000 for each failure to materially comply with the development standards set forth of this Agreement. The Defaulting Owner shall be liable to pay the City said $2,000 sum per day for each day that such failure to comply occurs. The sums of money to be paid for such failure(s) is not to be considered as a penalty, but shall be deemed, taken and treated as reasonable liquidated damages that accrue per day that such a failure shall exist or occur. The said amounts are fixed and agreed upon by the parties because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the City in such event would sustain; and said amounts are agreed to be the amounts of damages which the City would sustain. In the event of a breach that is not timely cured as set forth below, the sum of liquidated damages shall be calculated to include each and every day of the occurrence of the breach beginning on the date that the City first provided written notice of such breach under this paragraph and the City shall not be required to provide any subsequent written notices as to subsequent dates or times during which such breach is repeated or continues to occur C. The non -defaulting party will additionally have any and all remedies available to it at equity or in law. 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 7 1 P a g e 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 7. 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 CITY, 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 8 1 P a g e 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 8. 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. 9 1 P a g e 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 Pariy') 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 (iii) 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 15. EFFECTIVE DATE. This Agreement will be effective upon the Effective Date first stated herein. [signature page follows] 101Page CITY OF ANNA City Manager IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned notary public, on the /7f, day of 0eC_e-mfXr- , 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. -�� Q„ os�pV Pier HEATHER LAYNL SL^.a'UERFER S � + � Notary ID Ai 2v5N0479 Notary Pubic, State of TOas My Commission Expires '�„�* August 22. 2075 Anna1340 Holdings, LLC 5900 S Lake Forest Drive McKinney, TX 75070 By: Prithviraj IN WITNESS WHEREOF: STATE OF TEXAS CO Y OF DALLAS Before m the undersigned notary public, on the ay ci _ 022, appeared V Yl L0 mown 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 property owner <s" Pa Ratliff CO-ioExpire, ,Notary Public, of TeAW ID No 126642971 ONM Living 1038 Texan Trail Grapevine. TX 76051 M Zac Th IN WITNESS 1JVHEREOF: STATE OF TEXAS CO NTY OF DALLAS Before me, the undersigned notary public, on the day ofV ,MVC,�2022, appeared Z C-[k0 opd, known tome (or proved tome) 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 property owner EgEl atliffsion ExpiresNo ry PublicStat o exaL C2971 EXHIBIT 191$1 PROPERTY DESCRIPTION 32�Q IF11.[1.06OPnw1 ®+.u.....rlma.mml.Ysr.l>emf•...i.Am...N>fKm[.Y�meY.n.n.o-mg.,em.lwnmarnm A,®mfnlmmYSAW,®a.Irtfa,. 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File Information: Record and Return To: Document Number: 2022000178125 ZAC THOMPSON - ONM LIVING Receipt Number: 20221219000442 1038 TEXAS TRAIL Recorded Date/Time: December 19, 2022 02:00 PM User: Amanda S GRAPEVINE TX 76051 Station: Station 6 STATE OF TEXAS Collin County I hereby certify that this Instrument was filed 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 i PREVIOUSLY APPROVED Page 1 of 17 CITY OF ANNA, TEXAS RESOLUTION NO. a&QM05--1175 A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A DEVELOPMENT AGREEMENT WITH ANNA 1340 HOLDINGS, LLC, RELATING TO DEVELOPMENT AND DESIGN REGULATIONS FOR MULTIPLE -FAMILY RESIDENCE DEVELOPMENT GENERALLY LOCATED ON THE SOUTH SIDE OF COUNTY ROAD 11069 175± FEET EAST OF STATE HIGHWAY 5. WHEREAS, Anna 1340 Holdings, LLC is the Property Owner of real estate generally located on the south side of County Road 1106, 175f feet east of State Highway 5.; and WHEREAS, Property Owners desire to amend the zoning for the subject property to allow a multiple family residence development; 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 Anna 1340 Holdings, LLC 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 24th day of May 2022. ATTESTED: APPROVED: OF AN • C Carrie L. Land, City Secretary = Nate Pike, Mayor r PREVIOUSLY APPROVED Page 2 of 17 EXHIBIT A DEVELOPMENT AGREEMENT This Development Agreement (this "Agreement") is entered effective as of May 24, 2022 ("Effective Date") between and among the -City of Anna, Texas, a Texas home -rule municipality ("City") and Anna1340 Holdings, 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 zoning classification of the Property is SF-E Single -Family Residential — Large Lot (SF-E) (the "Original Zoning Classification"); and, WHEREAS, the Owner has applied to rezone the Property to allow for Planned Development- MF-1 Multiple -Family Residential Medium Density (PD-MF-1) to allow for multiple -family residence on one lot with modified development standards. (the "Zoning Change"); 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 rezoned, the City and Owner desire to enter into a development agreement to establish development and design regulations to ensure that future multiple -family residence development is 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 development 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: SECTIQN,1 RECITALSJN!ZQRPORATED............... ,t.........,................................... ............................ ............ ........ ,...........�.,.., I I P a g e peo,4c90- 05-1 / 95 PREVIOUSLY APPROVED Page 3 of 17 The recitals set forth above are incorporated herein as if set forth in full to further describe the Parties' intent under this development agreement and said recitals constitute representations by Owner and the City. SECTION 2. DEVELOPMENT STANDARDS / 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 and 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 Regulations 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 filing of an application for a preliminary plat for that phase unless construction has not commenced within two years of approval of such preliminary plat in which case the construction standards shall be those that the City has duly adopted at the time that construction commences. B. With respect to all structures/development within the PD-MF-1 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. 21Page PREVIOUSLY APPROVED Page 4 of 17 A. Except as noted below, the exterior walls (excluding windows and doors) on the first -floor front elevation of any structure shall be 70 percent masonry and 50 percent on the second - floor front elevation. The total cumulative surface area of the remaining exterior walls (excluding windows and doors) shall be 40 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 adjacent to and face a travel way (i.e., fire lane). C. A maximum of 10 percent of any exposed exterior wall may consist of exterior Insulation and finish system (EI FS). D. 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. E. The masonry standards that apply to the front elevation of any residence building structure as described in subsection (A) above shall also apply to any exterior walls on a structure that are: (1) adjacent to and face a public street or fire lane; or (H) visible from and 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. F. Roofing materials of a 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 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 circumstance shall three -tab shingles be used as roofing material. G. Roofs: 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 V (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". ii. 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, 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. 31Page PREVIOUSLY APPROVED Page 5of17 H. Building articulation: At least three (3) 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; cornices; arches; brackets; keystones; dormers; louvers as part of the exterior wall construction. (Quoins and banding shall wrap around the corners of the structure for at least two feet.). ii. Balconies. Ili. Bay windows. iv. Masonry chimney(s). v. Double -entry door(s). vi. Covered Entry(les) vii. The use of both stone and brick on the front elevations with a minimum of ten percent coverage of one of the elements. vili. Front porch of at least 50 square feet. Ix. The installation of at least two (2) coach lights. x. Other techniques for building articulation can be substituted if administratively approved by the administrative official. 1. 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. ii. Windows shall be in harmony with and proportionate to the rest of the structure. iii. 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. 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: 41Page M PREVIOUSLY APPROVED Page 6 of 17 To City: City Manager City of Anna 111 North Powell Parkway PO Box 776 Anna, Texas 75409 To Property Owner: Anna1340 Holdings, LLC 6900 S Lake Forest Drive McKinney, TX 75070 Attn: Prithviraj Loganathan SECTION 4. DEADLINES, 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. Notwithstanding the foregoing or any other provision of this Agreement, this Agreement shall terminate and be null and void If the City does not approve the Zoning Change on or before the 24th day of May 2022. The parties acknowledge and agree that the rezoning of the Property is a legislative act and that this Agreement does not bind the City Council to approve any proposed rezoning of the Property. B. Owner or any Subsequent Owner shall be obligated under this Agreement to timely meet the following deadlines: 1. Within 120 days after City Council approval of the Zoning Change, Owner will have submitted a preliminary plat and tree preservation plan for the Property. 2. Within 180 days after the City has approved the preliminary plat, Owner shall have submitted a site plan, landscaping plan, lighting plan, final plat (showing easements, fire lanes and utilities for the multiple family residence development), and civil plans. 3. A preconstruction meeting between Owner and City staff shall occur within 90 days of final approval of the civil plans. 4. Site construction pursuant to final approved civil plans must commence within 120 days after the preconstruction meeting. 5. Owner must submit plans and specifications for the buildings and other 5 1 P a g e PREVIOUSLY APPROVED Page 7 of 17 improvements not part of the civil plans (the "Building Plans") no later than 180 wdays after civil plans are approved by the City. After the last to occur of (a) approval of the Building Plans by the City of Anna, (b) completion of all construction pursuant to civil plans, (c) acceptance of all civil construction and public improvements by the City of Anna, and (d) recordation of the multiple family residence development final replat, Owner must submit an application for a building permit within 60 days thereafter (including without limitation the payment of all fees due to the City as required to develop the Property). 6. Recordation in the Official Records of Collin County, Texas of the multiple -family residence development final plat must occur within 180 days of commencement of site construction. 7. Vertical construction pursuant to the Building Plans for approved structures must commence within 120 days after the later to occur of the recordation of the multi- family residence final plat and obtaining a building permit. C. Not by way of limitation as to other material terms and conditions, the deadlines stated above are material terms and conditions of this Agreement and any failure to meet any of the deadlines above (each, a "Deadline Default") is a material default under this Agreement. In addition to all other remedies that the City may enforce under this Agreement or that is available to the City at law or in equity in the event of a Deadline Default, the City may in its sole discretion initiate and pursue a zoning case to change the zoning classification back to the Original Zoning Classification. In the event that the City Initiates such a zoning case after a Deadline Default, the Owner shall not oppose the zoning case and shall be deemed to have fully and irrevocably released and waived any claim, cause of action, litigation or other challenge or proceeding to such zoning case on any legal basis or theory whatsoever. SECTION S. 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. A. Withholding 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. 61Page PREVIOUSLY APPROVED Page 8 of 17 B. The Defaulting Owner shall be liable to pay to the City the sum of $2,000 for each failure to materially comply with the development standards set forth of this Agreement. The Defaulting Owner shall be liable to pay the City said $2,000 sum per day for each day that such failure to comply occurs. The sums of money to be paid for such failures) is not to be considered as a penalty, but shall be deemed, taken and treated as reasonable liquidated damages that accrue per day that such a failure shall exist or occur. The said amounts are fixed and agreed upon by the parties because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the City in such event would sustain; and said amounts are agreed to be the amounts of damages which the City would sustain. In the event of a breach that is not timely cured as set forth below, the sum of liquidated damages shall be calculated to include each and every day of the occurrence of the breach beginning on the date that the City first provided written notice of such breach under this paragraph and the City shall not be required to provide any subsequent written notices as to subsequent dates or times during which such breach is repeated or continues to occur C. The non -defaulting party will additionally have any and all remedies available to it at equity or in law. 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 71Page PREVIOUSLY APPROVED Page 9 of 17 Transferor shall be automatically released from its obligations under this Agreement relating to the transferred Property subsequent to the date of transfer. SECTION 7. 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 CITY, WHETHER REAL OR ASSERTED INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS 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: A14D 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 SH„ ALL 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) HE 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 8 1 P a g e PREVIOUSLY APPROVED Page 10 of 17 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 8. RECORDATION. This document, including all Exhibits, maybe 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. 9+Page PREVIOUSLY APPROVED Page 11 of 17 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 'Waure"). 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: (1) 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 (iii) 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 IS. EFFECTIVE DATE. This Agreement will be effective upon the Effective Date first stated herein. [signature page follows] 101Page PREVIOUSLY APPROVED Page 12 of 17 CITY OF M City IN WITNESS WHEREOF: STATE OF TEXAS COUt� OF COLLIN Before me, the undersigned notary public, on the'day of , 2022, appeared Jim Proce, known to me (or proved to me) to be the person whose name s 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. "r'>jy , CARRIE L. LAND �,...... lJ , Q L/J n • y�{;� My Notary ID # 11419404 Notary Public, State of Texas Anna1340 Holdings, LLC 5900 S Lake Forest Drive McKinney, TX 75070 v By Prith anathan IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF DALLAS Before me the undersigned notary public, on the f Lday of 2022, appeared prl}hv1I I - 6t t tW\known to me (or proved to me) to be the person whose name is subscribed to the folregoNg instrument, and acknowledged to me that he/she executed the same in his/her capacity as prope y owner t Notary Public, ate of Te s ,""bP�., RYAN HILDEBRANDT a R*`pet ........ °�t,Notary Public, State of Texas y+ '^ Comm. Expires 02-03-2024 ;°;'o�`� Notary ID 130622488 111Page PREVIOUSLY APPROVED Page 13 of 17 Exhibit 1-Page 1 of 3 ZONING DESCRIPTION ANNA 16, LLC 16.295 ACRES BEING a 16.295 acre tract of land situated in the Z.F. Lester Survey, Abstract No. 546, City of Anna, Collin County, Texas, and being all of Tract 1 and Tract 2 of tracts Of land conveyed to Anna 16, LLC by General Warranty Deed recorded in Instrument Number 20191218001612880, Official Public Records, Collin County, Texas, and being the same tracts of land filed in a Correction Instrument recorded in Instrument Number 210200206000172830, Official Public Records, Collin County, Texas; said 16.295 acre tract being more particularly described as follows: BEGINNING at a point for corner at the northwest corner of said Tract 2 and being in County Road 1106 and being on the northeast right-of-way line of Dallas Area Rapid Transit; THENCE South 88 degrees 22 minutes 44 seconds East along the north line of said Tract 2, passing at a distance of 27.33 feet, the northeast corner of said Tract 2 and the northwest corner of said Tract 1, continuing along the north line of said Tract 1, in all a total distance of 510.38 feet to a point for corner; said corner being a northeast corner of said Tract 1 and the northwest corner of a tract of land conveyed by a Special Warranty Deed to Adisa Hanic as recorded in Volume 6071, Page 432 of the Deed Records, Collin County, Texas; THENCE South 04 degrees 41 minutes 14 seconds East along an easterly line of said Tract 1 and the west line of said Adisa Hanic tract, a distance of 243.55 feet to a point for corner; said corner being a reentrant corner of said Tract 1 and the southwest corner of said Adisa Hanic tract; THENCE South 88 degrees 29 minutes 17 seconds East along a northerly line of said Tract 1 and the south line of said Adisa Hanic tract, a distance of 200.37 feet to a point for corner; said corner being an east corner of said Tract 1 and the southeast corner of said Adisa Hanic tract and being on the west line of Green Meadows Addition, an addition to the City of Anna as recorded in Cabinet 2021, Slide 98, Official Public Records, Collin County, Texas; THENCE South 04 degrees 33 minutes 00 seconds East along the east line of said Tract 1 and the west line of said Green Meadows Addition, a distance of 1,819.04 feet to a point for corner; said corner being the southeast corner of said Tract 1, the southwest corner of said Green Meadows Addition and being on the north line of the Northpoine Crossing Phase 4 West, an addition to the City of Anna as recorded in Cabinet 2019, Slide 64, Official Public Records, Collin County, Texas; Page 1 of 3 PREVIOUSLY APPROVED Page 14 of 17 Exhibit 1-Page 2 of 3 THENCE North 88 degrees 07 minutes 13 seconds West along the south line of said Tract 1, the north line of said Northpointe Crossing Phase 4 West, passing at a distance of 1.10 feet, the southwest corner of said Tract 1 and the southeast corner of said Tract 2, continuing along a north line of said Northpointe Crossing Phase 4 West, and the south line of said Tract 2, in all a total a distance of 28.48 feet to a point for corner; said corner being on the northeast right-of-way line of said Dallas Area Rapid Transit, a northwest corner of said Northpointe Crossing Phase 4 West and the southwest corner of said Tract 2; THENCE North 22 degrees 11 minutes 17 seconds West along the northeast right-of- way line of said Dallas Area Rapid Transit and the southwest line of said Tract 2, a distance of 2,240.76 feet to the POINT -OF -BEGINNING, containing 709,822 square feet or 16.295 acres of land. Bearings for this description cited are based on Grid North State Plane Coordinates of the Texas Coordinate System NAD83 (CORS96) Texas North Central Zone (4202), NAVD88. Page 2 of 3 P. .r vv Q I I I = U SU MER LA E O co Q! 4 u COUNTRY ESTATES VOC 2016, PG 413 I I o O AR.CC.T. 1 I S88 22W "E 510.38- I I covnr BLOCKA t I �. /--243.515 �--27.33 ' SO4041'14"E- ,t- 200.37 I AD1SA HANIC - 01 I) S88029' 17"F U VOL 6071, PG 432 D.R CC T. TRACT 2 CALLED 1.286 ACRES TRACT 7 ANNA 16, LLC \ CALLED 15.02 ACRES INST. NO. ANNA 16, LLC 20200206000772830 \ INST. NO. O.P.R CCT. \20200206000172830 O P.R C.C.T. r �� N0 d � N 0' 300' 600' NOTE: THIS IS NOTA BOUNDARY SURVEY AND DOES NOT REPRESENT AN ON THE GROUND SURVEY. LEGEND O.P.R.C.C.T. OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS D.R.C.C.T. DEED RECORDS, COLLIN COUNTY, TEXAS P.O.B. POINT OF BEGINNING CAB. CABINET INST. NO. INSTRUMENT NUMBER VOL PG. VOLUME, PAGE BEING A 1 S.02 ACRE TRACT AND A 1.286 ACRE TRACT LOCATED IN THE Z.F. LESTER SURVEY, ABSTRACT NO. S46, COLLIN COUNTY, TEXAS ANNA, TEXAS 2Z38 Westwood Pflorre (214) 4 M4040 U01 Dallas Parkway. Salle 400 Tol Free (M) 0S7-b160 Plano. Tx 7608a Wftzu%vW hafeub iSwvko4br- WE FAtM a[GtSR117M NM F-11756 TgPLSFIRM R6GIST TXWN&i60 4M ADDITION CAB. 2021, SLIDE 98 O P.RCC:T._ r NORTHPOINTE CROSSING PHASE 4 WEST CAB. 2079, SLIDE 64 -28.48 N88e07113"W SHEET NUMBER: 3 ZONING EXHIBIT OF 3 DATE: 02/07/22 PROJECT NUMBER: 0034889.00 SITE DATA SUMMARY TABLE GENERAL SrrE DATA )arrFa9waanr Sfi land uw,a��,.w waaeev.d w.DMi01lMUM ilYNi-1 Mn w..rurWrwaw TN,.Wp tfit), 810ft F.apee.ra s..r �ProaM eera.Pww..�Pr 1pMLL -PaebM enw.nrr9,a..nr ,,1NLL -Motlun Cllwawwa.MaranPT ,,3W e4 -Predu{i Enwwra,am..wwn 1,1W t4 TeW nrnldfy iMlgmtMH aw..w. W-Pr%wquwr.yriw•a.rw 1)4ee0LL 3S.eWLL -vmam en.+...waw.arr at.owu -ave.n <P+a�.raa,..wvwm .930eLL -vmdun Onrwr+ara.,w.m iwa4 -Iwdun Fn..wwanr.w.aww 49APea1. elMd'ulP Ntlpnl tln.wwwnrsxor..l -PmdWA I y -vrmwe 29roa ml,w -vmerrec 2sroarrzs•nua . vmdrtl0 29i0NY/tE'FMX -RGerCE 25fOM/L6'NAY 4a oww+P..r'—nam. x9a% MULTIFAMILY UNITS . ale.alGee.wlMxMwmvne,tr. urNaleloaf. . Gf 2 6eLwad Iel I .A4uam unh,¢. 36 u9e 1,1.0 s4 .ofxeie,aamrol N'utimum auta'v. ., ue61,,2EeLL .of) e.droare IN l M'nMnvn ur:lxa. 3 uttlellNe LL. .M3eeermre Rll Mu:amwkw 3eaihl,3rou Total U. cwM Isza:a %of I emroar. 221E x.f2eedxM ehi 1Fa13BprpCml )3fy Note: Development assumes one lot for the entire development , nu 4ur9 leenmMwaad '. MWnenemeneOMluneq —""— PeOPEPM1'UNE ® (O9PxEOPrnitmc3PAGF ® uh---h.-A- evusF innlm PARKING w9wred vaurro P w. wr.,.«.,.r., "�wPo-wswr'� 3xt M. wµ'iwraae�i a.m.n.vr.v RegWi]hYtar Yarkrq 0arw.� et aPacn iIo., uliM Potin9ar�.Iw..ar IOS iPkn 0.e ulrN Coc eE FarYicg M.rv.aw n• W1 Nam Total Pr avol Pelurg 4N aPa,. iotYPa—rob. 17e999.1. PER PRODUCT OPEN SPACE REQUIRED Type Rhialnootoot amoawa Taal 19edreanw 'Ill M 2 11. xeedroana eeeil. w' 3NWu 20eEroanp 9peJ. II mama. 3eadmanu 1100 v. 3 ).sW a4 3etooW.. 12Wvl. m 45,eW ef. ioulflryubN 1N.903 it PROVIDFD Tabl Opm spGi vrvAdW Avaurx tee914 a1. REFUSE FACILITY GENERAL SITE DATA Mebun Oburnr 730 hat wv.�i SmefaAamuhvwwwwa 6cy. �MXy.e..rw.r.a 10 00WS a s ,m 16M mselenDtl o� — _ a EA9FMeG __ — 0.763 ACOETEIaMO 1 qND DRAINAGE 131 /32 I r 0"9—WA veeelaMebuffer shall allewleraddltlonal weNka ttor"ad;aanete me wmn omuna Mot �.% /I Td, —to.uwdfa.enew drrwae am.mw mnn raG•:rcarormaneran x.eea.mr. y '-!�/ o _^dp�p,0 , r —•v —. ONE SINGLE LOTTOTAU p ' 704,40950UARE FEET_ �=—_.e....__----____� f PIt �J 16.171 ACRES C "�` EXHIBIT 2 m A 1 N1r4mantl naasawancwlNM1vm wnnmraNv mr Muvrm.eau. whlC PUIN DIFMICTCOMMUNITY . a,.a