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HomeMy WebLinkAboutRes 2023-01-1347 Leonard Trails Dev Agreement with Rising Wakulla Investments, L.P.CITY OF ANNA, TEXAS RESOLUTION NO. e2023-01-1311-3- A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A DEVELOPMENT AGREEMENT WITH RISING WAKULLA INVESTMENTS, L.P., RELATING TO DEVELOPMENT AND DESIGN REGULATIONS FOR COMMERCIAL AND SINGLE- FAMILY RESIDENCE DEVELOPMENT GENERALLY LOCATED ON THE SOUTH SIDE OF E. WHITE STREET, 500± FEET EAST OF S. INTERURBAN STREET. WHEREAS, Rising Wakulla Investments, L.P., is the Property Owners of real estate generally located on the south side of E. White Street, 500± feet east of S. Interurban Street; and WHEREAS, Property Owners desire to rezone the subject property to allow commercial and residential uses; 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 Rising Wakulla Investments, L.P., 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 10th day of January 2023. After Recording Return to: City of Anna EXHIBIT A 120 W 7th St, Anna, Tx 75409 DEVELOPMENT AGREEMENT This Development Agreement (this "Agreement") is entered effective as of January 2023 ("Effective Date") between and among the City of Anna, Texas, a Texas home - rule municipality ("City") and Rising Waukulla Investments, L.P. ("Property Owner") as follows: RECITALS WHEREAS, the Property Owner is the sole owner of 97.646 acres of real property described in Exhibit 1 and depicted on Exhibit 2, (the "Property"); and, WHEREAS, the Property is presently under contract (the "Contract") to be sold by the Property Owner and purchased by Qualico Developments (U.S.) Inc. ("Developer"); and, WHEREAS, Property Owner has, at the request of Developer, applied to rezone the Property to allow for Planned Development which will include the following zoning districts; C-2 Commercial (C-2), SF-72 Single -Family Residence District (SF-72), SF-60 Single -Family Residence District (SF-60), and SF-Z Single -Family Residence District - Zero lot line homes (SF-Z); 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 case of the Property being rezoned, the City and Property Owner desire to enter into a development agreement to establish development and design regulations to ensure that future 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 provisions of Anna City Code of Ordinances and other regulations and adopted policies of the City (collectively, "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: 4ni 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 Property Owner, Developer, and the City. SECTION 2. DEVELOPMENT STANDARDS / BUILDING MATERIALS. With respect to all structures/development within the C-2, SF-72, SF-60, and SF-Z Zoning Districts, Property Owner agrees to comply or to cause the builders 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 and with the following standards (in the event of any conflict, the following listed standards shall govern). Nonresidential Buildings 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 fagades 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 after recommendation from the Planning & Zoning Commission. Single -Family Residence Buildings (SF-72, SF-60, and SF-Z) Architectural Features: A. Garages shall be attached or detached. Detached garages shall only be incorporated into a courtyard type of architectural plan/model. Attached garages shall be situated so that they are offset from another architectural component (entry portal or porch). Offsets shall be no more than 5' in front of another architectural component. B. Exterior construction of 80% masonry (brick, stone, traditional stucco) on front and sides, exclusive of roofs, eaves, soffits, windows, gables, dormers, doors, walls over roof and trim work. Rear of home shall consist of a minimum of 50% masonry or fiber cement. Rear of home shall be 80% masonry (brick, stone, traditional stucco) on Lots that back to major thoroughfares or opens spaces that require metal fencing, exclusive of roofs, eaves, soffits, windows, gables, dormers, doors, walls over roof and trim work. C. The primary roof pitch of the home shall be no less than 8:12 pitch. The roof pitch of porches, ditch outs and other similar accessory structures attached to the primary residence shall be no less that 4:12, unless otherwise approved in advance by the City. Roof materials shall consist of 30 year laminated architectural shingles or standing seam metal in colors approved by the ACC prior to construction. D. Chimneys on the front elevation shall consist of brick or stone when on the exterior wall of the front or side elevations. Chimneys shall not be required on residential units. If constructed, and on a non -exterior wall, all chimneys shall contain materials that are consistent with other exterior materials used on the residence. E. Garage orientation shall be configured as front entry or J-swing for Lots with a width of sixty feet (60') or greater. Side entry garages shall be allowed on corner lots. In no instance shall the garage face be located within 20' from the street it accesses. F. House repetition: i. Within residential developments, single-family homes with substantially identical exterior elevations can only repeat every three (3) lots when fronting the same right-of-way including both sides of the street. ii. Homes side by side or across the street within one house (directly across the street or "caddy corner' across the street) shall not have substantially identical exterior elevations. G. Building articulation: At least four (4) facade articulation techniques are required on each single-family home to add architectural variety and interest to a building. The following features shall be acceptable techniques of exterior articulation. i. Use of brick detailing (soldier, soldier/rowlock or rowlock banding across 60% of front elevation, wrapping around corners of the structure for at least two feet, soldier course at wall adjacent to soffit, arches, slivering at gable ends or window headers, patterns (herringbone/basket weave/diapering); ii. Use of rough sawn timber brackets, blocks, beams or nogging; iii. Use of material texture (shake shingle, board and batten, stucco bd, trim work) at dormers, walls over roof, gables; iv. Box windows or shed roof on front elevation; V. Covered front porch of at least 40 square feet; vi. Use of two or more neutral exterior paint colors on front elevation (primary base, accent color); vii. Use of stained wood, stained wood with glass or iron with glass front door; viii. The installation of at least one (1) coach light at entry element; ix. Masonry chimney at front elevation; X. Use of buff brick mortar; A. Use of varying window mullion patterns (perimeter prairie, three over one, two over two, arts and crafts); xii. Use of both stone and brick on the front elevation, stone wrapping around corners of the structure for at least two feet. xiii. Two single garage doors (in lieu of double doors); xiv. Other techniques for building articulation can be substituted if administratively approved by the administrative official. H. Garage doors. All garages must also incorporate metal with wood embossed pattern, wood, wood clad (over metal door) or wood composite doors and contain at least two of the following enhancements: i. Two single garage doors; ii. Decorative windows; iii. Decorative hardware; iv. Garage door recessed a minimum of 12 inches from the garage face; I. Courtyard Product i. Courtyard lot types have an area that creates an outdoor living space that is an internal courtyard to the main structure; ii. A front privacy fence of six-foot (6) shall match the Architectural elements of the building fagade; iii. Metal gate at portal; SECTION 3. 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 10th day of January 2023. 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 150 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 120 days after the City has approved the preliminary plat, Owner shall have submitted a site plan, landscaping plan, lighting plan, final plat, and civil plans for Phase 1 of the residential development. 3. A preconstruction meeting between Owner and City staff shall occur within 60 days of final approval of the civil plans. 4. Site construction pursuant to final approved civil plans must commence within 45 days after the preconstruction meeting. 5. Recordation in the Official Records of Collin County, Texas of the residential development final plat must occur within 180 days of commencement of site construction. 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 4. 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 P.O. Box 776 Anna, Texas, 75454 To Property Owner: Rising Waukulla Investments, L.P. 1 Fox Hollow Lane Melissa, Texas 75454 Attn: Doug Zadow SECTION 5. MODIFICATIONS OR TERMINATION. This Agreement may only be modified and/or terminated as follows: (a) by mutual written agreement of Property Owner and City; and/or (b) unilaterally by City upon a continuing default of the Property 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 rezoning of the Property to be zoned as Planned Development which includes the following zoning district: Commercial (C-2), SF-72 Single -Family Residence District (SF-72), SF-60 Single -Family Residence District (SF-60), and SF-Z Single Family Residence District - Zero lot line homes (SF-Z) with modified development standards, as set forth in Section 9.04 of the Anna City Code of Ordinances, ("Zoning Ordinance"). 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. SECTION 6. CLOSING. The Contract provides that the closing and funding of the sale of the Property shall occur on or before February 28, 2023, unless otherwise amended by the parties to the Contract (the "Closing"). Notwithstanding anything to the contrary herein, upon Closing and funding of the sale of the Property, Developer or its successors or assigns shall be deemed to have fully assume all of Property Owner's rights and obligations under this Agreement and Property Owner, its successors and assigns, shall be fully and completely released from this Agreement for all purposes, without the necessity of additional notice from or action by any Party. Nothing in this Section 6 shall serve to release any subsequent owners of the Property from the terms, conditions and obligations in this Agreement. If Closing does not occur and the Contract is terminated, the City agrees to reasonably cooperate with Property Owner to release the Property from this Agreement or to modify the terms and conditions of this Agreement to accommodate any subsequent purchaser(s) and/or alternative use(s) of the Property. SECTION 7. DEFAULT. If Property Owner, its heirs, successors or assigns or subsequent owners of the Property, fail to fully comply with all the terms and conditions included in this Agreement after the Notice and Cure Period (the "Defaulting Owner"), 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. In the event of a default, the non -defaulting party will additionally have any and all remedies available to it at equity or in law. SECTION 8. BINDING ON SUCCESSORS, AGREEMENT RUNS WITH THE LAND. Except as otherwise provided for herein, this Agreement will be binding upon and inure to the benefit of the parties' respective successors, assigns and personal representatives. This Agreement will run with the land and be binding on all subsequent Property Owners. SECTION 9. INDEMNIFICATION AND HOLD HARMLESS. THE PROPERTY OWNER, INCLUDING ITS SUCCESSORS AND ASSIGNS (THE "INDEMNIFYING PARTY"), HEREBY COVENANTS AND AGREES TO RELEASE, DEFEND, HOLD HARMLESS, AND INDEMNIFY THE CITY AND ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ALL THIRD -PARTY CLAIMS, SUITS, JUDGMENTS, DAMAGES, AND DEMANDS (TOGETHER, "CLAIMS") AGAINST THE CITY, WHETHER REAL OR ASSERTED INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEY'S FEES, RELATED EXPENSES, EXPERT WITNESS FEES, CONSULTANT FEES, AND OTHER COSTS, ARISING OUT OF THE GROSS NEGLIGENCE OR INTENTIONALWRONGFUL CONDUCT OF THE INDEMNIFYING .PARTY, INCLUDING THE GROSS NEGLIGENCE OR INTENTIONAL 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. 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 DATE HEREOF 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 9 will survive the termination of this Agreement. SECTION 10. RECORDATION. The parties may record this document in the property records of Collin County on or after one (1) business day after Closing and funding of the Contract. SECTION 11. ENTIRE AGREEMENT. This Agreement is the entire agreement of the parties regarding the subject matter hereto. SECTION 12. RECITALS AND EXHIBITS. The recitals herein and exhibits attached hereto are hereby incorporated by reference. SECTION 13. AUTHORITY. Property Owner represents and warrants to the City that the Property Owner owns the Property that this Agreement is binding and enforceable on the Property. SECTION 14. 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 15. EFFECTIVE DATE. This Agreement will be effective upon the Effective Date first stated herein. CITY OF ANNA By: Jim Pr , City Manager IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF COLLIN Before me, the notary public, on the 10+tl day of 2023, 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. I" �ti'pr cam, JEOVANNA RUBIO _i.'<_Plotary Public, Stati+ol Texas C�7ota�Public, State of Texas - '%c ter Comm. Expires 10-03-2026 Notary ID i3'995676 RISING WAUKULLA INVESTMENTS, L.P. By: �4 o2l Doug Zadow IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned notary public, on the ay of O 2023, appeared Doug Zadow, known to (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 property owner. LEE ANNE HILL U IC, tate of Texas 3?' Lo Notary Public, State of Texas Comm. Expires 10-03-2023 Notary ID 124692993 EXHIBIT "1" PROPERTY DESCRIPTION SITUATED in the State of Texas, County of Collin and City of Anna, being part of the Granderson Stark Survey, Abstract No. 798, being all of a Tract 2: 62.485 acre tract as recorded under County Clerk No. 20211215002524980 and all of a Tract 1: 35.161 acre tract as recorded under County Clerk No. 20220106000036410 of the Collin County Land Records with said premises being more particularly described by metes and bounds as follows: BEGINNING at a 4"x4" concrete monument found marking the southeast corner of said 62.485 are tract, the southwest corner of said 35.161 acre tract, and being in the north line of a called 103.347 acre tract as recorded under County Clerk No. 20150730000952300 of the Collin County Land Records; THENCE with the south line of said 62.485 acre tract, and the north line of said called 103.347 acre tract, North 89049'55" W, passing at 662.00 feet a 4"x4" concrete monument found on line for reference, continuing with the south line of said 62.485 acre tract and passing at 1,279.75 feet a Carter & Burgess 5/8" capped iron rod found on line, and continuing for a total distance of 2027.59 feet to a point marking the southwest corner of said 62.485 acre tracts, said corner being 50 feet from the centerline of the D.A.R.T. Railway, from which a railroad spike found in a wooden fence corner post bears for reference North 59'23'41" East,1.66 feet; THENCE with the west line of said 62.485 acre tract, and being 50 feet east of and parallel to the centerline of said D.A.R.T. Railway, North 00*50'40" East, 1,166.45 feet to a Roome capped iron rod found marking the westerly most northwest corner of said 62.485 acre tract, and the southwest corner of a 15.00 acre tract "save and excepted" tract; THENCE with a north line of said 62.485 acre tract, and the south line of said "save and except" 15.00 acre tract, South 89009'20" East,1,121.41 feet to a Roome capped iron rod found for corner in the approximate middle of a Lone Gas pipeline, and marking an interior corner of said 62.485 acre tract, and the southeast corner of said "save and except 15.00 acre tract"; THENCE with a common line between said 62.485 acre tract and said "save and except 15 acre tract, and with the approximate middle of said Lone Star Gas pipeline, North 20"11'43" East, 572.12 feet to a Roome capped iron rod found for corner in a north line of said 62.485 acre tract, said iron marking the northeast corner of said "save and except 15.00 acre tract", and being in the south line of a 2.028 acre right-of-way line for F.M. 455 (White Street), as recorded in Volume 685, Page 331 of the Collin County Land Records; THENCE with the south right-of-way line of F.M. 455 (White Street), a north line of said 62.485 acre tract, North 88°34'45" East, 37.25 feet to a Roome capped iron rod found marking the southeast corner of said 2.028 acre right-of-way tract, and an ell corner of said 62.485 acre tract, and the southwest corner of Collin County called 1.051 acre road easement as recorded in Volume 685, Page 324 of the Collin County Land Records; THENCE with a west line of said 62.485 acre tract, the west line of said called 1.051 acre right-of-way tract, and the east line of said 2.028 acre right-of-way tract, North 00'15'32" East, 74.83 feet to a Roome capped iron rod found marking the northwest corner of said 1.051 acre right-of-way tract, and the northerly most northwest corner of said 62.485 acre tract; THENCE with the northerly most north line of 62.485 acre tract, and the north line of said 1.051 acre right-of-way tract, South 89°50'28" East, 363.61 feet to a Roome capped iron rod found marking the northerly most northeast corner of said 62.485 acre tract, and the northwest corner of a 0.67 acre tract as recorded under County Clerk No. 20170811001075300 of the Collin County Land Records; THENCE with the east line of 62.485 acre tract, and the west line of said 0.67 acre tract, South 00008'33" West, 310.76 feet to a Roome capped iron rod found marking the southwest corner of said 0.67 acre tract, and an interior ell corner of said 62.485 acre tract; THENCE with a north line of said 62.485 acre tract, the south line of said 0.67 acre tract, the south line of a 0.792 acre tract and 0.59 acre tract as recorded in Volume 1487, Page 677 and Volume 6049, Page 4566 of the Collin County Land Records, North 89010'32" East, 292.29 feet to a Roome capped iron rod found marking the southeast corner of said 0.59 acre tract, the easterly most northeast corner of said 62.485 acre tract, and being in the west line of a 1.00 acre tract as recorded in Volume 4790, Page 2324 of the Collin County Land Records; THENCE with the east line of said 62.485 acre tract, and the west line of said 1.00 acre tract, South 00°27'08" East, 79.74 feet to a Carter & Burgess capped iron rod found marking the southwest corner of said 1.00 acre tract, and the northwest corner of the aforementioned 35.161 acre tract; THENCE North 88*24'06" East, with the north line of said 35.161 acre tract, passing at 128.73 feet the southeast corner of said 1.00 acre tract, the southwest corner of a 0.780 acre tract as recorded in Volume 1671, Page 563 of the Collin County Land Records, continuing for a total distance of 228.60 feet to a %:" iron rod found marking the southeast corner of said 0.780 acre tract, and marking an ell corner of said 35.161 acre tract; THENCE North 00°36'41" East,145.29 feet with the east line of said 0.780 acre tract, and a west line of said 35.161 to a %" iron rod found marking the southwest corner of a called 0.491 acre tract as recorded under County Clerk No. 20200722001149630 of the Collin County Land Records, and marking an ell corner of said 35.161 acre tract; THENCE North 88°33'26" East,109.96 feet with the south line of said 0.491 acre tract, and a north line of said 35.161 acre tract to a %" iron rod found marking its southwest corner, an ell corner of said 35.161 acre tract, and being in the west line of a called 1.50 acre tract as recorded under County Clerk No. 1997013000007700 of the Collin County Land Records; THENCE South 00°18'51" West,145.18 feet with the west line of said 1.50 acre tract, and a west line of said 35.161 acre tract to a point for corner in a 5" Hackberry Tree marking its southwest corner of said 1.50 acre tract, and an ell corner of said 35.161 acre tract; THENCE North 88016'13" East,198.34 feet with the south line of said 1.50 acre tract and a north line of said 35.161 acre tract to a %" iron rod found marking the southeast corner of said 1.50 acre tract, and an ell corner of said 35.161 acre tract; THENCE North 00°24'04" East, 328.55 feet with the east line of said 1.50 acre tract, and a west line of said 35.161 to a ✓" iron rod found in the south right-of-way line of F.M. 455 (E. White Street -a variable width right-of-way), said iron marking the northeast corner of said 1.50 acre tract, and the most northerly northwest corner of said 35.161 acre tract; THENCE with the south right-of-way line of F. M. 455 (E. White Street) and the most northerly north line of said 35.161 acre tract, North 88°37'54" East, 368.12 feet (Basis of Bearings) to a Roome capped iron rod found marking the northeast corner of said 35.161 acre tract, and the northwest corner of a 70.322 acre tract; THENCE departing said roadway, and with a common line between said 35.161 acre tract and 70.322 acre tract, South 00003'55" West,1,737.50 feet to Roome capped iron rod found marking the southeast corner of said 35.161 acre tract, the southwest corner of said 70.322 acre tract, and being in the north line of the aforementioned 103.347 acre tract; THENCE with the general course of a barbed wire fence along the south line of said 35.161 acre tract, and the north line of said 103.347 acre tract as follows: North 89021'55" West,165.30 feet to a point for corner; North 89*51'25" West, 341.36 feet to a point for corner; and South 89°55'05" West, 475.71 feet to the place of beginning and containing 97.646 gross acres of land EXHIBIT " 2" CONCEPT PLAN �bw.b•Jb-w.Jb--JbbJM-YY�Y.IJ�.w JJMYM�1 i + ! — I ! _ ! f I ! 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Teas 'i i ! - Gran k"W Stark �l' sr,rwwy Acsuaa No. 79a Mavembar. 2020 -- - T —� 1 TI I—TT'11" " Collin County Honorable Stacey Kemp Collin County Clerk Instrument Number: 2023000003190 Real Property AGREEMENT Recorded On: January 11, 2023 02:53 PM Number of Pages: 15 " Examined and Charged as Follows: " Total Recording: $78.00 *********** 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: 2023000003190 20230111000414 Recorded Date[Time: January 11, 2023 02:53 PM User: Station: 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 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