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HomeMy WebLinkAboutOrd 1053-2023-06 Annexing 16.1± Acres (Woodland Estates) RECORDEDCITY OF ANNA, TEXAS ORDINANCE NO. 10 5 3 - 26 23- 0(o AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF ANNA, COLLIN COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID Mi.►NICIPALITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTYWITHIN T SAID MUNICIPAL CORPORATE LIMITS AND GRANTING TO ALL THE INHABITANTS OF SAID PROPERTY ALL THE RIGHTS AND PRIVH,EGES OF OTHER CITIZENS AND BINDING SAID INHABITANTS BY ALL OF THE ACTS, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF SAID CITY AS SET FORTH HEREIN; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 43 of the Texas Local Govermnent Code authorizes the annexation of territory, subject to the laws of this state; and WHEREAS, the City of Anna. Texas (the "City") is a Texas home -rule municipality; and WHEREAS, Section 43.0671 of the Texas Local Gover anent Code authorizes a municipality to extend the boundaries of the municipality and annex areas by request of the owner(s) of the areas; and WHEREAS. the procedures prescribed by the Texas Local Goveriunent Code and the laws of this state have been duly followed with respect to the City's annexation of following described territory, to wit: a 16.109t acre tract of land situated in the Guyn Morrison Survey, Abstract No. 559, Collin County, Texas, and being all of a called 16.097 acre tract of land conveyed to Knippa Family Revocable Living Trust by Warranty Deed recorded in Instrument Number 20020213000229560, Official Public Records, Collin County, Texas; and WHEREAS, the land being annexed under this ordinance (the "Annexation Tract") is described more specifically in EXHIBIT A. attached hereto; and WHEREAS, the Annexation Tract is wholly located with the City's extraterritorial jurisdiction; and WHEREAS. regulations and other matters concerning development and use of the Property are governed under City of Anna Resolution No. 2023-04-1417 and an associated Development Agreement entered into under Section 212.172 of the Texas Local Government Code; and WHEREAS, on or about April 18, 2023, the respective owners of the Annexation Tract submitted a written request to the City for annexation of said tract into the corporate limits of the City and the City and said owners have entered into a written agreement regarding municipal services to be provided by the City in accordance with Texas Local Government Code § 43.0672 and said written agreement is as set forth in EXHIBIT B, attached hereto; and City of Aami. Texas Ordinance No. 10 5 3 — 20,23 -O(o Pane 1 of 3 WHEREAS, the City timely published notice and held a public hearing on this annexation at a duly noticed public meeting in accordance with the laws of this state; V NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: SECTION 1. The recitals set forth above are hereby incorporated in this ordinance as if set forth in full for all purposes. SECTION 2. The Annexation Tract is hereby annexed into the corporate boundary limits of the City of Anna, Collin County, Texas, and that said corporate boundary limits of the City of Anna be and the same are hereby extended to include the above described teritory within the corporate limits of the City, and the same shall hereafter be included within the territorial limits of the City, and the inhabitants thereof shall hereafter as set forth be entitled to all the rights and privileges of other similarly situated citizens of the City of Anna and they shall be bound by the acts, ordinances,, resolutions, regulations and all other legal acts of said city. SECTION 3. The official map and boundaries of the City of Anna are hereby amended and revised so as to include the area annexed, and to reflect the expansion of the City's extraterritorial jurisdiction resulting from such annexation and the City Manager is directed to take all actions necessary to make said changes to the official boundary map of the City. SECTION 4. The City Secretary is hereby directed to file a certified copy of this ordinance and the amended official boundary map referenced in Section 3 with the with the County Clerk of Collin. Texas and the Texas Comptroller's Office. SECTION 5. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance be severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction. such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, and the remainder of this ordinance shall be enforced as written. SECTION 6. All ordinances and parts thereof in conflict herewith are hereby expressly repealed insofar as they conflict herewith. SECTION 7. This ordinance shall become effective inunediately upon the date and tune of its adoption and it is accordingly so ordained. PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THIS THE 27TH DAY OF JUKE 2023. * * * TY OF AN E * �c ATTEST: C— aj.,. *II�Mna NTWX PIKE, MAYOR 1911) Cite of Anna. Texas Ordinance N0.10 5 3 - a.o23 - Olo Page 2 of 3 EXHIBIT A ZONING DESCRIPTION MULTI FAMILY RESIDENTIAL (MFR) KNIPPA FAMILY REVOCABLE LIVING TRUST GUYN MORRISON SURVEY, ABSTRACT NO. 559, COLLIN COUNTY, TEXAS 16.109 ACRES BEING a 16.109 acre tract of land situated in the Guyn Morrison Survey, Abstract No. 559, Collin County, Texas, and being all of a called 16.097 acre tract of land conveyed to Knippa Family Revocable Living Trust by Warranty Deed recorded in Instrument Number 20020213000229560, Official Public Records, Collin County, Texas; said 16.109 acre tract being more particularly described as follows: BEGINNING at a point for corner at the northeast corner of said 16.097 acre tract being in the south line of County Road 427 and the northwest corner of a called 88.7622 acre tract of land conveyed by deed to 3Mc Joint Venture, as recorded in Volume 3670, Page 174, Deed Records, Collin County, Texas; THENCE South 00 degrees 14 minutes 55 seconds East along the east line of said 16.097 acre tract and the west line of said 88,7622 acre tract, passing the southwest corner of said 88.7622 acre tract and the northwest corner of a called 10.00 acre tract of land conveyed to William Stiltz et ux as recorded in Document Number 19830614000277820, Deed Records, Collin County, Texas, continuing along the west line of said 10.00 acre tract, in all a total distance of 1,319,82 feet to the southeast corner of said 16.097 acre tract and the northeast corner of a called 12.423 acre tract of land conveyed by deed to The Duer Family Trust as recorded in Document Number 19990106000021500, Deed Records, Collin County, Texas; THENCE South 89 degrees 00 minutes 00 seconds West departing the west line of said 10.00 acre tract, along the south line of said 16.097 acre tract and the north line of said 12.423 acre tract, passing the northwest corner of said 12.423 acre tract, and a northeast corner of a called 15.54 acre tract of land conveyed by deed to Mullet Living Trust as recorded in Document Number 20061027001549080, Official Public Records, Collin County, Texas, continuing in all a total distance of 528.00 feet to the southwest corner of said 16.097 acre tract and a re-entrant corner of said 15.54 acre tract; THENCE North 00 degrees 12 minutes 00 seconds West along a west line of said 16.097 acre tract, the east line of said 15.54 acre tract, passing a northeast corner of said 15.54 acre tract and the southeast corner of a called 13.60 acre tract of land conveyed by deed to Keith Douglas Bird as recorded in Document Number 20081014001223710, Official Public Records, Collin County, Texas, continuing along the east line of said 13.60 acre tract, in all a total distance of 1,160.00 feet to a re- entrant corner of said 16.097 acre tract and a northeast corner of said 13.60 acre tract; Page 1 of 3 THENCE along the common line between said 16.097 acre tract and said 13.60 acre tract, the following two (2) courses and distances: South 85 degrees 45 minutes 00 seconds West, a distance of 99.00 feet to a southwest corner of said 16.097 acre tract and a re-entrant corner of said 13.60 acre tract: North 00 degrees 12 minutes 00 seconds West, a distance of 132.00 feet to the northwest corner of said 16.097 acre tract and being in the south line of said County Road 427; THENCE North 85 degrees 57 minutes 00 seconds East departing the east line of said 13.60 acre tract, along the south line of said County Road 427 and the north line of said 16.097 acre tract, a distance of 627.00 feet to the POINT -OF -BEGINNING, containing 16.109 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 2022 Westwood Professional Services, Inc. P���S OS21y20 00 0 10000 GP�� J<:q_ �Q �9 CALLED 57.208 ACRES (� CEO JULIAN M, SMITH ET UX QOL DOC. NO. 19730507086507270 427 COU85 n6 � J57 00 E 0'0 132.00-, P.O.B. N00012'00"W i_ J j 99.00- S8Sa48'00"W�; Ln CALLED 13.60 ACRES � U-) J KEITH DOUGLAS BIRD LQ � N c\ X ;'r Z DOC. NO. 20081014001223770 U No UOo N °p \ 1\A J' Q O �u�r�O C�1 \J� t i Oo � a CALLED 88.7622 ACRES LQ 3Mc JOINT VENTURE Z o Ln VOL. 3670, PG. 774 Z TRACT 1 0 N 3 Ln CALLED 75.54 ACRES -_j Q '' O 14) MULLET LIVING TRUST C U a Z O DOC. NO. 20067027001549080 "N O O Y H O O O Z APPROXIMATE LOCATION r SURVEY LINE 'J\` tC % ✓ I J \ 589°00'00"W 528.00 0 �r CALLED 72,423 ACRES U w o THE DUER FAMILY TRUST o N DOC, NO. 79990706000021500 0o ti o ^`^rn co QF� J Q J z Q V � ? U o X Q LEGEND NOTE: P.O.B. POINT OF BEGINNING THIS IS NOTA BOUNDARY SURVEYAND DOES NOT INST. NO. INSTRUMENT NUMBER REPRESENT AN ON THE GROUND SURVEY. VOL. PG. VOLUME, PAGE DOC. NO. DOCUMENT NUMBER 0' 300' 600' BEING A 16.097 ACRE TRACT Westwood IN THE GUYN MORRISON SURVEY, ABSTRACT Phone (214)473-4640 2901 Dallas Parkway, Suite 400 NO. 559, COLLIN COUNTY, Too Froe (888)937-5160 Plaw,TX75093 TEXAS WSWM00*'i001" ANNA, TEXAS wftewooditchmimWs«vh3ftInL SHEET NUMBER: MULTI -FAMILY 3 RESIDENTIAL of (MFR) 3 ZONING EXHIBIT DATE: 11/16/22 PROJECT NUMBER: 0041317.00 EXHIBIT B AGREEMENT REGARDING SERVICES This Agreement Regarding Services (this "Agreement" or "Service Plan") is entered into this 27th day of June 2023 by and between Thinkk Big Investments. LLC, and the City of Anna, Texas a home rule municipality. SUBJECT PROPERTY The real property that is the subject of this Service Plan is described as follows; Woodland Estates. 16.1± acres. Generally located on the south side of Countv Road 427. 530± east of County Road 425 (future Leonard Avenue). AGREEMENT CONDITIONED ON ANNEXATION This Agreement is conditioned on the City of Anna City Council adopting an ordinance annexing the Subject Property described above on or before the 27th day of June 2023. If the City Council does not adopt such ordinance on or before said date then this Agreement shall be null and void in its entirety. Nothing in this Agreement shall require the City Council to annex the Subject Property. POLICE PROTECTION On the effective date of annexation. the City of Anna, Texas and its Police Department will provide police protection to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. FIRE PROTECTION On the effective date of annexation, the City of Anna, Texas and its Fire Department will provide fire protection to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. Page 1 of 5 EMERGENCY MEDICAL SERVICES On the effective date of annexation. the City of Anna, Texas will provide emergency medical services to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. SOLID WASTE COLLECTION On the effective date of annexation, the City of Anna, Texas. through its contract with CARDS Dallas, Inc. or another service provider, will provide solid waste collection to residents and businesses in the newly annexed area (to the extent that the service provider has access to the area to be serviced) at the same or similar level of service now being provided to other areas of the City of Anna. Texas with similar topography, land use, and population density within the newly annexed area. Such service will be provided in accordance with existing City policies and Ordinances, and only upon payment of any required deposits and the agreement to pay lawful service fees and charges for solid waste collection. Solid waste collection through a subscription with the City's solid waste franchisee is mandatory for City of Anna residents and businesses operating within the city limits unless provided for otherwise by ordinance. WATER AND WASTEWATER FACILITIES On the effective date of annexation, any and all water or wastewater facilities owned by the City of Anna, Texas at the time of annexation shall be maintained and operated by the City of Anna. Texas. Of such facilities, the City will maintain the main water transmission and wastewater collection lines. All water and wastewater service lines from the building to the easement or right-of-way line, shall be maintained by the property owner served by the service connection. Residents and owners of property in newly annexed areas that are located within the City's water or wastewater CCN will be offered water and wastewater service in accordance with City policies and ordinances in existence at the time of annexation or as may be amended from time -to -time by the City Council. Generally, these ordinances state that the landowner or customer must bear the cost of construction of water and wastewater system facilities to a point where suitable connection to the existing system can be made and service to the custorner can be provided. All water and wastewater facilities designed to connect to the City's existing system must be approved by the City and meet all City zoning, subdivision, and other development ordinances and requirements. Page 2 of 5 ROADS AND STREETS On the effective date of annexation, any and all existing public roads or streets in the newly annexed area which have been dedicated to Collin County, Texas or to the City of Anna, Texas, or which are owned by the City of Anna. Texas shall be maintained to the same degree and extent that other roads and streets are maintained in areas of the City with similar topography land use and population density. Specific maintenance activities are determined by available funding and the need for maintenance as determined by the City. The City is not obligated to maintain any portion of a private road or street. Any and all lighting of roads and streets which may be positioned in a public right of way, roadway or utility company easement shall be maintained by the applicable utility company servicing that area of the City of Anna, Texas pursuant to the rules regulations and fees of such utility. An owner of land within the newly annexed area that desires to develop said property will be required pursuant to the ordinances of the City of Anna, Texas to provide internal and peripheral streets and to construct those streets in accordance with the specifications required by the City of Anna, Texas. PARKS PLAYGROUNDS AND SWIMMING POOLS OR ANY OTHER PUBLICLY OWNED FACILITY BUILDING OR SERVICE The City Council of the City of Anna, Texas is not aware of the existence of any public parks, public playgrounds, public swimming pools, or any other publicly owned facility, building or service now located in the area proposed for annexation. In the event any such parks, playgrounds, swimming pools, or any other public facilities, buildings or services do exist and are public facilities, the City of Anna, Texas will maintain such areas upon annexation to the same extent and degree that it maintains public parks, public playgrounds, public swimming pools, other public facilities buildings or services and other similar areas of the City now incorporated in the City of Anna, Texas. To the extent that it becomes necessary because of development demands population growth or a bona fide need, the City Council of the City of Anna. Texas will undertake to provide any such facility which it deems necessary to adequately provide for the health and safety of the citizens of the newly incorporated area based upon the standard considerations of topography, land use and population density. OTHER MUNICIPAL SERVICES Following annexation by the City of Anna, Texas, the City will provide code enforcement, planning, and animal control services to the newly annexed area, to the extent such services are funded in the annual budget and provided by the City within its full -purpose boundaries. In addition, the City will provide other municipal services that the City may from time to time provide to other similarly situated areas within the City's corporate limits. The services referenced in this paragraph will be provided to the newly annexed area at Page 3 of 5 the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. CONSTRUCTION OF CAPITAL IMPROVEMENTS The City Council of the City of Anna, Texas finds and determines it may be necessary to acquire or construct specific capital improvements for the purposes of providing full municipal services to the newly annexed area. These capital improvements shall be constructed as part of the development of the property and may be eligible for impact fee reimbursement. Subject to the foregoing, the City Council finds and determines that it has at the present time adequate facilities to provide the same type, kind and level of service which exists in and is presently being administered to other areas already incorporated in the City of Anna, Texas with the same or similar topography, land use and population density. SPECIFIC FINDINGS The City Council of the City of Anna, Texas finds and determines that this Service Plan will not provide any fewer services and it will not provide a lower level of service in the area proposed to be annexed than were in existence in the proposed area at the time immediately preceding the annexation process. Furthermore, the City Council of the City of Anna. Texas finds and determines that the rural nature of the area is characteristically different from other more highly developed areas within the corporate limits of the City of Anna, Texas. Consequently because of the differing characteristics of topography, land use, and population density the service levels which may ultimately be provided in the newly annexed area may differ somewhat from services provided in other areas of the City of Anna. Texas. These differences are specifically dictated because of differing characteristics of the property. The City of Anna, Texas will undertake to perform consistent with this contract so as to provide this newly annexed area with the same type. kind and quality of service presently enjoyed by the citizens of the City of Anna, Texas who reside in areas of similar topography, land use and population density. AMENDMENTS This Service Plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this Service Plan unworkable or obsolete. The City Council may amend the Service Plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056. Page 4of5 Owners : Thinkk Big Investments, LLC a Texas Limited Liability Company By: Name: Prithiviraj Loaanathan Title: Manager IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on the _ 20 . by as owner of City of Anna: By: Name: Ryan Henderson Title: Interim City Manager IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF COLLIN § day of Notary Public, State of Texas This instrument was acknowledged before me on the day of 2023, by Ryan Henderson as representative of the City of Anna. Notary Public, State of Texas After recording return to City Secretary Page 5 of 5 City of Anna 120 W. 7th Street Anna, TX 75409 Recorded On: April 09, 2025 12:40 PM Total Recording: $69.00 Collin County Honorable Stacey Kemp Collin County Clerk Instrument Number: 2025000042229 Real Property ORDINANCE/ANNEXATION Number of Pages: 13 " Examined and Charged as Follows: " *********** 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: Record and Return To: Document Number: 2025000042229 CITY OF ANNA Receipt Number: 20250409000440 120 W 7TH ST Recorded Date/Time: April 09, 2025 12:40 PM User: Dwayne K ANNA TX 75409 Station: Workstation cck165 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 CITY OF ANNA, TEXAS ORDINANCE NO. l 0 5 3 - ;.(3 2�- CXe AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF ANNA, COLLIN COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID MUNICIPALITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN SAID MUNICIPAL CORPORATE LIMITS AND GRANTING TO ALL THE INHABITANTS OF SAID PROPERTY ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID INHABITANTS BY ALL OF THE ACTS, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF SAID CITY AS SET FORTH HEREIN; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 43 of the Texas Local Government Code authorizes the annexation of territory, subject to the laws of this state; and WHEREAS, the City of Anna, Texas (the "City") is a Texas home -rule municipality; and WHEREAS, Section 43.0671 of the Texas Local Government Code authorizes a municipality to extend the boundaries of the municipality and annex areas by request of the owner(s) of the areas; and WHEREAS, the procedures prescribed by the Texas Local Government Code and the laws of this state have been duly followed with respect to the City's annexation of following described territory, to wit: a 16.109:1-- acre tract of land situated in the Guyn Morrison Survey, Abstract No. 559, Collin County, Texas, and being all of a called 16.097 acre tract of land conveyed to Knippa Family Revocable Living Trust by Warranty Deed recorded in Instrument Number 20020213000229560, Official Public Records, Collin County, Texas; and WHEREAS, the land being annexed under this ordinance (the "Annexation Tract") is described more specifically in EXHIBIT A. attached hereto; and WHEREAS, the Annexation Tract is wholly located with the City's extraterritorial jurisdiction; and WHEREAS, regulations and other matters concerning development and use of the Property are governed under City of Anna Resolution No. 2023-04-1417 and an associated Development Agreement entered into under Section 212.172 of the Texas Local Government Code; and WHEREAS, on or about April 18, 2023, the respective owners of the Annexation Tract submitted a written request to the City for annexation of said tract into the corporate limits of the City and the City and said owners have entered into a written agreement regarding municipal services to be provided by the City in accordance with Texas Local Government Code § 43.0672 and said written agreement is as set forth in EXHIBIT B, attached hereto; and City of Anna, Texas Ordinance No. 10 6 3 — 20z3 -0(o Pagel of 3 WHEREAS, the City timely published notice and held a public hearing on this annexation at a duly noticed public meeting in accordance with the laws of this state; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: SECTION 1. The recitals set forth above are hereby incorporated in this ordinance as if set forth in full for all purposes. SECTION 2. The Annexation Tract is hereby annexed into the corporate boundary limits of the City of Anna, Collin County, Texas, and that said corporate boundary limits of the City of Anna be and the same are hereby extended to include the above described territory within the corporate limits of the City, and the same shall hereafter be included within the territorial limits of the City, and the inhabitants thereof shall hereafter as set forth be entitled to all the rights and privileges of other similarly situated citizens of the City of Anna and they shall be bound by the acts, ordinances, resolutions, regulations and all other legal acts of said city. SECTION 3. The official map and boundaries of the City of Anna are hereby amended and revised so as to include the area annexed, and to reflect the expansion of the City's extraterritorial jurisdiction resulting from such annexation and the City Manager is directed to take all actions necessary to make said changes to the official boundary map of the City. SECTION 4. The City Secretary is hereby directed to file a certified copy of this ordinance and the amended official boundary map referenced in Section 3 with the with the County Clerk of Collin, Texas and the Texas Comptroller's Office. SECTION 5. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance be severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, and the remainder of this ordinance shall be enforced as written. SECTION 6. All ordinances and parts thereof in conflict herewith are hereby expressly repealed insofar as they conflict herewith. SECTION 7. This ordinance shall become effective immediately upon the date and time of its adoption and it is accordingly so ordained. PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THIS THE 27TH DAY OF JUNE 2023. ** ** OF ATTEST: 1913 PIKE, MAYOR Anna, Texas Ordinance No. 1053-2023-0b Page 2of3 CARRIE L. LAND, CITY SECRETARY City of Anna, Texas Ordinance No. _I 0 5 3 — 20 3 -- oio Page 3 of 3 Annexation -Woodland Estates ° or - y A • r. I c Ob THE CITY OF Anna - Subject Gty Limits ® Property — • — ETJ .. 0 250 500 1,000 Feet May 2023 u vnia..e.u:qn\NeYkxlmn Mal.-: ZONING DESCRIPTION MULTI FAMILY RESIDENTIAL (MFR) KNIPPA FAMILY REVOCABLE LIVING TRUST GUYN MORRISON SURVEY, ABSTRACT NO.559, COLLIN COUNTY, TEXAS 16.109 ACRES BEING a 16.109 acre tract of land situated in the Guyn Morrison Survey, Abstract No. 559, Collin County, Texas, and being all of a called 16.097 acre tract of land conveyed to Knippa Family Revocable Living Trust by Warranty Deed recorded in Instrument Number 20020213000229560, Official Public Records, Collin County, Texas; said 16.109 acre tract being more particularly described as follows: BEGINNING at a point for corner at the northeast corner of said 16.097 acre tract, being in the south line of County Road 427 and the northwest corner of a called 88.7622 acre tract of land conveyed by deed to 3Mc Joint Venture, as recorded in Volume 3670, Page 174, Deed Records, Collin County, Texas; THENCE South 00 degrees 14 minutes 55 seconds East along the east line of said 16.097 acre tract and the west line of said 88.7622 acre tract, passing the southwest comer of said 88.7622 acre tract and the northwest corner of a called 10.00 acre tract of land conveyed to William Stiltz et ux as recorded in Document Number 19830614000277820, Deed Records, Collin County, Texas, continuing along the west line of said 10.00 acre tract, in all a total distance of 1,319.82 feet to the southeast comer of said 16.097 acre tract and the northeast corner of a called 12.423 acre tract of land conveyed by deed to The Duer Family Trust as recorded in Document Number 19990106000021500, Deed Records, Collin County, Texas; THENCE South 89 degrees 00 minutes 00 seconds West departing the west line of said 10.00 acre tract, along the south line of said 16.097 acre tract and the north line of said 12.423 acre tract, passing the northwest corner of said 12.423 acre tract, and a northeast corner of a called 15.54 acre tract of land conveyed by deed to Mullet Living Trust as recorded in Document Number 20061027001549080, Official Public Records, Collin County, Texas, continuing in all a total distance of 528.00 feet to the southwest comer of said 16.097 acre tract and a re-entrant corner of said 15.54 acre tract; THENCE North 00 degrees 12 minutes 00 seconds West along a west line of said 16.097 acre tract, the east line of said 15.54 acre tract, passing a northeast corner of said 15.54 acre tract and the southeast corner of a called 13.60 acre tract of land conveyed by deed to Keith Douglas Bird as recorded in Document Number 20081014001223710, Official Public Records, Collin County, Texas, continuing along the east line of said 13.60 acre tract, in all a total distance of 1,160.00 feet to a re- entrant comer of said 16.097 acre tract and a northeast comer of said 13.60 acre tract; Page 1 of 3 THENCE along the common line between said 16.097 acre tract and said 13.60 acre tract, the following two (2) courses and distances: South 85 degrees 45 minutes 00 seconds West, a distance of 99.00 feet to a southwest corner of said 16.097 acre tract and a re-entrant corner of said 13.60 acre tract; North 00 degrees 12 minutes 00 seconds West, a distance of 132.00 feet to the northwest corner of said 16.097 acre tract and being in the south line of said County Road 427; THENCE North 85 degrees 57 minutes 00 seconds East departing the east line of said 13.60 acre tract, along the south line of said County Road 427 and the north line of said 16.097 acre tract, a distance of 627.00 feet to the POINT -OF -BEGINNING, containing 16.109 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 © 2022 Westwood Professional Services, Inc. 9 �� P� 41 OL_ 0 LINTY ROAD -NO. 427 N85°57 00 E 627.0 132.00- N00012'00 "W 99.00-' S85048'00"W h CALLED 13.60 ACRES O KEITH DOUGLAS BIRD Z DOC NO.2WB1014001223710 o Q 0 � TRACT 1 CALLED 15 54 ACRES MULLET LIVING TRUST o VDOC. NO.20061027007549080 N 0 0 LEGEND P.O.B. POINT OF BEGINNING INST. NO. INSTRUMENT NUMBER VOL PG. VOLUME, PAGE DOC. NO. DOCUMENT NUMBER BEING A 16.097 ACRE TRACT LOCATED IN THE GUYN MORRISON SURVEY, ABSTRACT NO.559, COLLIN COUNTY, TEXAS ANNA, TEXAS CALLED 57.208 ACRES JULIAN M. SMITH ET UX DOC NO. 19730507086SO7270 P.O.B. <<V .,` �v. -J� o 40 01 _\ N 0 ;ter U O o ti �wjM 0 `r. JJ (' p CC CALLED 88.7622 ACRES No 3Mc JOINT VENTURE Q Q ? a VOL 3670, PG. 174 uj to _jq�Z w o U CL U Y O H S89000'0011W 528.00 CALLED 72.423 ACRES THE DUER FAMILY TRUST DOC NO. 19990106000021500 ... APPROXIMATE LOCATION SURVEY LINE N W j N Ut§ o�Go Df� =�Ci u O O NOTE. THIS IS NOT A BOUNDARY SURVEY AND DOES NOT REPRESENT AN ON THE GROUND SURVEY. Ptfom (214) 4734640 2901 Qattas Parkway. Stfto 400 TCMRM (666)937-6150 Ptam.TX75M YYltri+- Pratesimm Swjkm Inc TPI ARM RMSTR MN No. F-, tra TPLS PDA A"sC1 MT, ON NO.10074301 MULTI -FAMILY RESIDENTIAL (M FR) ZONING EXHIBIT PROJECT NUMBER: 0041317.00 SHEET NUMBER: 3 OF 3 DATE: 11/16/22- AGREEMENT REGARDING SERVICES This Agreement Regarding Services (this "Agreement" or "Service Plan") is entered into this 27th day of June 2023 by and between Thinkk Big Investments, LLC, and the City of Anna, Texas a home rule municipality. SUBJECT PROPERTY The real property that is the subject of this Service Plan is described as follows: Woodland Estates. 16.1 t acres. Generally located on the south side of County Road 427, 530f east of County Road 425 (future Leonard Avenue). AGREEMENT CONDITIONED ON ANNEXATION This Agreement is conditioned on the City of Anna City Council adopting an ordinance annexing the Subject Property described above on or before the 27th day of June 2023. If the City Council does not adopt such ordinance on or before said date then this Agreement shall be null and void in its entirety. Nothing in this Agreement shall require the City Council to annex the Subject Property. POLICE PROTECTION On the effective date of annexation, the City of Anna, Texas and its Police Department will provide. police protection to the newly annexed area at the same or similar level of service now being provided 'to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. FIRE PROTECTION On the effective date of annexation, the City of Anna, Texas and its Fire Department will provide fire protection to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. Page 1 of 5 EMERGENCY MEDICAL SERVICES On the effective date of annexation, the City of Anna, Texas will provide emergency medical services to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. SOLID WASTE COLLECTION On the effective date of annexation, the City of Anna, Texas, through its contract with CARDS Dallas, Inc. or another service provider, will provide solid waste collection to residents and businesses in the newly annexed area (to the extent that the service provider has access to the area to be serviced) at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. Such service will be provided in accordance with existing City policies and Ordinances, and only upon payment of any required deposits and the agreement to pay lawful service fees and charges for solid waste collection. Solid waste collection through a subscription with the City's solid waste franchisee is mandatory for City of Anna residents and businesses operating within the city limits unless provided for otherwise by ordinance. WATER AND WASTEWATER FACILITIES On the effective date of annexation, any and all water or wastewater facilities owned by the City of Anna, Texas at the; time of annexation shall be maintained and operated by the City of Anna, Texas. Of such facilities, the City will maintain the main water transmission and wastewater collection lines. All water and wastewater service lines from the building to the easement or right-of-way line, shall be maintained by the property owner served by the service. connection. Residents and owners., of property in newly annexed areas that are located within the City's water or wastewater CCN will be offered water and wastewater service in accordance With City policies and ordinances in existence at the time of annexation or as may be amended from time -to -time by the City Council. Generally, these ordinances state that the landowner or customer must bear the cost of construction of water and wastewater system facilities to a point where suitable connection to the existing system can be made and service to the customer can be provided. All water and wastewater facilities designed to connect to the City's existing system must be approved by the City and meet all City zoning, subdivision, and other development ordinances and requirements. Page 2of5 ROADS AND STREETS On the effective date of annexation, any and all existing public roads or streets in the newly annexed area which have been dedicated to Collin County, Texas or to the City of Anna, Texas, or which are owned by the City of Anna, Texas shall be maintained to the same degree and extent that other roads and streets are maintained in areas of the City with similar topography land use and population density. Specific maintenance activities are determined by available funding and the need for maintenance as determined by the City. The City is not obligated to maintain any portion of a private road or street. Any and all lighting of roads and streets which may be positioned in a public right of way, roadway or utility company easement shall be maintained by the applicable utility company servicing that area of the City of Anna, Texas pursuant to the rules regulations and fees of such utility. An owner of land within the newly annexed area that desires to develop said property will be required pursuant to the ordinances of the City of Anna, Texas to provide internal and peripheral streets and to construct those streets in accordance with the specifications required by the City of Anna, Texas. PARKS PLAYGROUNDS AND SWIMMING POOLS OR ANY OTHER PUBLICLY OWNED FACILITY BUILDING OR SERVICE The City Council of the City of Anna, Texas is not aware of the existence of any public parks, public playgrounds, public swimming pools, or any other publicly owned facility, building or service now located in the area proposed for annexation. In the event any such parks, playgrounds, swimming pools, or any other public facilities, buildings or services do exist -arid are public facilities, the City of Anna, Texas will maintain such areas upon annexation to the same extent and degree that it maintains public parks, public playgrounds, public swimming pools, other public facilities buildings or services and other similar areas of the City now incorporated in the City of Anna, Texas. To the extent that it becomes necessary because of development demands population growth 'or a bona fide need, the City Council of the City of Anna, Texas will undertake to provide any such facility which it deems necessary to adequately provide for the health and safety of the citizens of the newly incorporated area based upon the standard considerations of topography, land use and population density. OTHER MUNICIPAL SERVICES Following annexation by the City of Anna, Texas, the City will provide code enforcement, planning, and animal control services to the newly annexed area, to the extent such services are funded in the annual budget and provided by the City within its full -purpose boundaries. In addition, the City will provide other municipal services that the City may from time to time provide to other similarly situated areas within the City's corporate limits. The services referenced in this paragraph will be provided to the newly annexed area at Page 3 of 5 the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. CONSTRUCTION OF CAPITAL IMPROVEMENTS The City Council of the City of Anna, Texas finds and determines it may be necessary to acquire or construct specific capital improvements for the purposes of providing full municipal services to the newly annexed area. These capital improvements shall be constructed as part of the development of the property and may be eligible for impact fee reimbursement. Subject to the foregoing, the City Council finds 'and determines that it has at the present time adequate facilities to provide the same -type, kind and level of service which exists in and is presently being administered to other areas already incorporated in the City of Anna, Texas with the same or similar topography, land use and population density. SPECIFIC FINDINGS The City Council of the City of Anna, Texas -finds and determines that this Service Plan will not provide any fewer services and it will ,not provide a lower level of service in the area proposed to be annexed than were in existence in the proposed area at the time immediately preceding the annexation process. Furthermore, the City Council of the City of Anna, Texas finds and determines that the rural nature of the area is characteristically different from other more highly developed areas within the corporate limits of the City of Anna, Texas. Consequently because of the differing characteristics of topography, land use, and population density the service levels which may ultimately be provided in the newly annexed area_ may differ somewhat from services provided in other areas of the City of Anna, Texas. These differences are specifically dictated because of differing characteristics of the property. The City of Anna, Texas will undertake to perform consistent`with this contract so as to provide this newly annexed area with the same type, kind and quality of service presently enjoyed by the citizens of the City of Anna, Texas who reside in areas of similar topography, land use and population density. AMENDMENTS This Service Plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this Service Plan unworkable or obsolete. The City Council may amend the Service Plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056. Page 4 of 5 Owners Thinkk Big Investments, LLC a Texas Limited Liability Company By: Name: Prithivirai Loganathan Title: Manager IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on the day of , 20 , by as owner of Notary Public, State of Texas City of Anna: By: Name: Ryan Henderson Title: Interim City Manager IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on the day of , 2023, by Ryan Henderson as representative of the City of Anna. Notary Public, State of Texas Page 5 of 5 CITY OF ANNA CITY COUNCIL June 27, 2023 Public Hearing: Annexation — Woodland Estates Applicant: Think Big Investments, LLC DESCRIPTION: Request to annex 16.1± acres located on the south side of County Road 427, 530± feet east of County Road 425 (future Leonard Avenue). REMARKS: At the April 11, 2023 City Council meeting the council approved a Development Agreement (Resolution. No. 2023-04-1417) with Think Big Investments, LLC regarding the development of Woodland Estates, a medium -density, multiple -family residences located within the Extraterritorial Jurisdiction (ETJ). The approved agreement established land use entitlements that allows for the development of medium density, multiple -family residence consisting of two-family dwelling units with one -bedroom, two -bedroom, and three -bedroom units in accordance with the MF-1 Multiple -Family Residential - Medium Density District and applicable City Regulations, except as amended and modified by Exhibit C within the Development Agreement. Additionally, the property is required to be developed as generally depicted on the Concept Plan, Exhibit C, of the Development Agreement. See attached Resolution. No. 2023-04-1417 for a complete list of development and design standards associated with the multiple -family residence development. SUMMARY: Per Section 3 (Annexation Land Use and Zoning) of the Development Agreement the applicant is required to submit an annexation petition/application to the City within sixty (60) days of the approval of the Development Agreement. ATTACHMENTS: Locator Development Agreement — Resolution No. 2023-04-1417 ANNEXATION -WOODLAND ESTATES PAGE 1 OF 1 CITY OF ANNA, TEXAS RESOLUTION NO. ?O 2 3 - 0 4 - 1141} A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE WOODLAND ESTATES DEVELOPMENT AGREEMENT WITH THINKK BIG INVESTMENTS, LLC. RELATING TO DEVELOPMENT OF PROPERTY FOR A MULTIPLE -FAMILY RESIDENCE PLANNED DEVELOPMENT WHEREAS, approximately 16.109 acres of real property located in and/or near the municipal boundaries of the City, in Collin County, Texas is intended to be developed as a multiple - family residence planned development (the "Pro a "); and WHEREAS, the City intends that the Property be developed in accordance with Woodland Estates Development Agreement, attached hereto as Exhibit 1; 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 and Authority to Execute The City Council hereby approves the Woodland Estates Development Agreement, attached hereto as Exhibit 1, and authorizes the Mayor's or the Interim City Manager's execution of the same. The Mayor or Interim City Manager are hereby authorized to execute all documents and take all other actions necessary to finalize, act under, and enforce the Development Agreement. PASSED by the City Council of the City of Anna, Texas, on this 11's day of April 2023. ATTESTED: Carrie L. Land, City Secretary EXHIBIT 1 DEVELOPMENT AGREEMENT This Development Agreement (this "Agreement") is entered effective as of April 11, 2023 ("Effective Date') between and among the City of Anna, Texas, a Texas home -rule municipality (the "City") and Thinkk Big Investments, LLC ("Owner") as follows: RECITALS WHEREAS. the City and the Owner arc sometimes referenced herein collectively as the "Parties" or individually as a "Party"; and WHEREAS, the Owner owns a tract of real property being described in Exhibit A and depicted on E hiibit B (the "Property"); and WHEREAS, the Property is located within the extraterritorial jurisdiction of the City (the and within the City's Certificate of Convenience and Necessity for the provision of retail water and sewer service; and WHEREAS, the Owner desires to develop the Property solely for multiple -family residential development (the "Projecel with modified development standards as set forth hi this Agreement (the "Development Standards'l; and WHEREAS, the Parties desire to enter into this Agreement under Section 212.172, Texas Local Government Code, for the purposes stated therein and including, without limitation, to: (i) provide for the terms of annexation of the Property into the City limits; (ii) provide for the dedication, construction, and financing of infrastructure necessary to serve the Property and the Project and that benefit the City and the public; (iii) authorize the enforcement of certain land use and development regulations by the City other than those otherwise applicable within the City limits; (iv) specify the use and development of the Property before and after annexation; and (v) establish those other lawful terms and considerations regarding the Property and the Project deemed appropriate by the Parties; and WHEREAS, the Parties desire that the Property be annexed into the City's corporate: limits promptly after the Effective Date and that the Owner commences development of the Property promptly after the adoption of an ordinance by the City annexing the Property in accordance with this Agreement, and the approval of all required plans and permits for the Project; and WHEREAS, the Parties agree that the City has provided to the landowner of the Property, whether one or more, with: (1) a statement that the landowner is not required to enter into this Agreement: (2) a reference to the authority under which the City may annex the Property including without limitation Subchapter C-3, Chapter 43, Texas Local Government Code; (3) a plain -language description of the annexation procedures applicable to the Property; (4) a statement that said procedures require the landownees consent; and (5) a statement regarding the municipality's limited waiver of immunity to suit; and WHEREAS, it is the Parties' mutual intent that this agreement shall govern only the subjcct matter specifically set forth herein and shall supersede City Regulations only to the extent that any such City Regulations directly conflict with the terms of this Agreement; DEVELOPMENT AGREEN1EN"r Page I NOW, THEREFORE, in consideration of the above recitals and the mutual consideration as reflected in the covenants, duties and obligations contained herein, the sufficiency of which is hereby acknowledged. the Parties hereto agree as follows, effective: as of the Effective Date: SECTION 1. RECITALS INCORPORATED. The recitals set forth above are incorporated herein as if set forth in full to further describe the Parties' intent under this Agreement. 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 (but only to the extent not affected by this Agreement), and other policies duly adopted by the City including without limitation any such regulations or requirements that would otherwise be affected in any manner by Chapter 3000 of the Texas Government Code ("'Materials and Methods Regulations'), all of 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, 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 Property, Owner agrees to comply and 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 ("Anna Code", 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 must agree in writing to assume Owner's responsibilities set forth herein; provided, however, a Subsequent Owner's failure to agree in writing does not alleviate a Subsequent Owner from being fully bound by this Agreement and this Agreement shall for all purposes run with the land and be binding on all Subsequent Owners. For purposes of this Agreement the term "Subsequent Owner" DEVELOPMENT AGREEMENT rage 2 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. C. Owner agrees that the Property shall be developed in conformance with the concept plan attached as Exhibit B. Owner further agrees that the mandatory Development Standards for the Property and Project are as set forth in Exhibit C. SECTION 3. ANNEXATION, LAND USE AND ZONING. A. Annexation and Services. (1) Annexation. Pursuant to Subchapter C-3, Chapter 43, Texas Local Government Code, this Agreement, as of the Effective Date, shall constitute Owner's agreement to petition for the voluntary annexation of the Property into the corporate limits of the City. Owner shall submit an annexation petition/application to the City on the City's standard form (the "Annexation Petition") within sixty (60) days after the Effective Date. Owner shall further execute and supply any and all instruments and/or other documentation necessary for the City to legally annex the Property. The City shall, -in accordance with applicable statutory requirements, take all steps necessary to complete the annexation of the Property within ninety (90) days following the date that Owner submits the Annexation Petition. Should the City tail to complete the annexation of the Property in accordance with this Agreement, Owner shall have the right to terminate this Agreement with 30 calendar days' advance notice to the City; provided, however, that such termination shall not occur if the City completes the annexation of the Property before the expiration of said 30 calendar days' advance notice provided by Owner. (2) Services. Pursuant to Section 43.0672, Texas Local Government Code, this Agreement shall further constitute an agreement for the provision of services to the Property to the extent the City provides such services to other properties within the City's corporate limits having similar topography, land use and density. Immediately upon the annexation of the Property, the Property shall be entitled to receive all Municipal Services (i) on the same terms as other property within the City's corporate limits; (ii) at the same rates as then provided within the City's corporate limits, and (iii) without discrimination. B. Development and Zoning. (1) The Project is permitted to be developed on the Property in accordance with the terms of this Agreement. The Project shall be located within the Property, shall comply with the Development Standards set forth in Exhibit C, and shall be generally consistent with the Concept Plan attached hereto as Exhibit B, including any amendments to the Concept Plan permitted by the City Council as set forth below. The Concept Plan attached as Exhibit B, may be amended by Owner to do the following without requiring City approval: Relocate buildings (including individual dwelling units) from the locations shown on Exhibit B to other areas of the Property and/or reconfiguring the layout of buildings (including individual dwelling units) as long as the overall density does not exceed 12 units per acre. (2) The Parties do not anticipate that the Property will be zoned by the City unless such zoning is in accordance with this Agreement, including without limitation the Permitted Land Use, and such zoning does not include any more stringent development standards as those set forth herein without Owner's written consent to any such development standards. The Permitted Land Use under this Agreement is MF-1 DEVELOPMENT AGREEMENT Page 3 Multiple -Family Residential - Medium Density as described in Anna Code, Article 9.04, as of the Effective Date and as modified by this Agreement. Regardless of zoning regulations that may be adopted by the City this Agreement shall control to the extent of any conflict unless the Owner consents in writing to any such conflict. SECTION 4. DEVELOPMENT DEADLINES. A. Owner or any Subsequent Owner shall be obligated under this Agreement to timely meet the following deadlines: 1. Within 210 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 120 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 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 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 180 days after the later to occur of the recordation of the multi -family residence final plat and obtaining a building permit. B. 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 DEVELOPMENT AGREEMENT Page 4 (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 tails 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 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-defaulling 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 ninety (90) calendar days following receipt of written notice from the City provided in DEVELOPMENT AGREEMENT Page 5 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 Properly or any portions thereof. This section shall be construed liberally to ensure the Parties' ilitent 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 n-ansferred Property subsequent to the date of transfer. SECTION 7. INDEMNIFICATION AND HOLD HARMLESS. THE OWNER OR ANY SUBSEQUENT OWNER O1; THE PROPERTY (THE "INDEMNIFYING _PARTY" WHETHER ONE OR MORE), HEREBY COVENANTS AND AGREES TO RELEASE., DEFEND. HOLD HARMLESS. AND INDEMNIFY THE CITY AND ITS OFFICIALS. OFFICERS. AGENTS.O S AND AGAINST ALL - ACLAIMS. SUITSJUDGMENTS, D ES AND DEMANDS AGAINST THE CITY WHETHER REAL OR ASSERTED INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEY'S FEES, REL TED EXPENSES E T WITNESS FEES, CONSULTANT FEES AND OT14ER 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 EMPLOYE CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN, AND AGENTS, IN CONNECTION WITH THE DESIGN OR. CONSTRUCTION OF ANY PUBLIC INFRASTRUCTURE. STRUCTURE'S, OR OTHER FACILITIES OR IMPROVEMENTS THAT ARE REOUIRED 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 DEVELOPMENT AGREEMENT Page 6 CITY'S SOLE NEGLIGENCE OR BY THE CITY'S WILLFUi. MISCONDUCT OR GROSS NEGLIGENCE. IF THE CITY INCURS CLAIMS THAT ARE CAUSED SY THE CONCUR�tENT NEGLIGENCE OF THE INDEMNIFYING PARTY AND THE CITY, THE INDEMNIFYING PARTY'S INDEMNITY OBLIGATION WIL E LIMITED TO A FRACTION OF THE TOTAL CLAIMS EQUIVALENT TO THE INDEMNIFYING PA TY'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 DEON 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, shall be recorded in the Official Records of Collin County, Tcxas. SECTION 9. ENTIRE AGREEMENT. This Agreement is the entire agreement of the parties regarding the subject matter hereto and supersedes and replaces any prior agreements relating to the same subject matter. SECTION 10. RECITALS AND EX. H]BffS. 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. DEVELOPMENT AGREEMENT Page 7 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 IVIAJEURE. 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 " F-orce 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 Aveek detailing: (i) the extent to which the force majeure event or circumstance continue to prevent the Parry'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. SECTION 16. MISCELLANEOUS. A. blotices. 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 DEVELOPMENT AGREEMENT Page 8 120 W 711 Street Anna, Texas 75409 With a copy to: Wolfe, Tidwell & McCoy, LLP Attn: Clark McCoy 2591 Dallas Parkway, Suite 300 Frisco, Texas 75034 To Property Owner: Thinkk Big Investments, LLC 421 County Club Road Fairview, TX 75069 Attn: Prithviraj Loganathan B. Interpretation. Each Party has been actively involved in negotiating this Agreement. Accordingly, a rule of construction that any ambiguities are to be resolved against the drafting Party will not apply to interpreting this Agreement. In the event of any dispute over the meaning or application of any provision of this Agreement, the provision will be interpreted fairly and reasonably and neither more strongly for nor against any Party, regardless of which Party originally drafted the provision. Headings in this Agreement are for the convenience of the Parties and are not intended to be used in construing this document. C. Time. In this Agreement, time is of the essence and compliance with the times for performance herein is required. D. Authority and Enforceability. The City represents and warrants that this Agreement has been approved by official action by the City Council of the City in accordance with all applicable public notice requirements (including, but not limited to, notices required by the Texas Open Meetings Act) and that the individual executing this Agreement on behalf of the City has been duly authorized to do so. Owner represents and warrants that this Agreement has been approved by appropriate action of Owner, and that each individual executing this Agreement on behalf of Owner has been duly authorized to do so. Owners represents and warrants that this Agreement has been approved by appropriate action of Owners, and that each individual executing this Agreement on behalf of Owners has been duly authorized to do so. Each Party respectively acknowledges and agrees that this Agreement is binding upon such Party and is enforceable against such Party, in accordance with its terms and conditions. E. Seyerabiliw. This Agreement shall not be modified or amended except in writing signed by the Parties. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable for any reason, then: (a) such unenforceable provision* shall be deleted from this Agreement; (b) the unenforceable provision shall, to the extent possible and upon mutual agreement of the parties, be rewritten to be enforceable and to give effect to the intent of the Parties; and (c) the remainder of this Agreement shall remain in full force and effect and shall be interpreted to give effect to the intent of the Parties. DEVELOPMENT AGREEMENT Page 9 F. Auplicable Law: Venue. This Agreement is entered into pursuant to, and is to be construed and enforced in accordance with, the laws of the State of Texas, and all obligations of the Parties are performable in Collin County, Texas. Exclusive venue for any action related to, arising out of, or brought in connection with this Agreement shall be in the Collin County District Court. G. Non Waiver. Any failure by a Party to insist upon strict performance by the other Party of any material provision of this Agreement shall not be deemed a waiver thereof, and the Party shall have the right at any time thereafter to insist upon strict performance of any and all provisions of this Agreement. No provision of this Agreement may be waived except by writing signed by the Party waiving such provision. Any waiver shall be limited to the specific purposes for which it is given. No waiver by any Party of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. H. Counterparts. This Agreement may be executed in any number of counterparts, each of-Arhich shall be deemed an original and constitute one and the same instrument. 1. Complete Ag ere meat. This Agreement embodies the entire Agreement between the Parties and cannot be varied or terminated except as set forth in this Agreement, or by written agreement of the Parties expressly amending the terms of this Agreement. By entering into this Agreement, any previous agreements or understanding between the Parties relating to the same subject matter are null and void. I Consideration. This Agreement is executed by the Parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is hereby acknowledged. K. Form 1295. Submitted herewith is a completed Form 1295 generated by the Texas Ethics Commission's (the "TEC) electronic filing application in accordance with the provisions of Section 2252.908 of the Texas Government Code and the rules promulgated by the TEC (the "Form 1295"). The City hereby confirms receipt of the Form 1295 from the Owner, and the City agrees to acknowledge such form with the TEC through its electronic filing application not later than the 3011 day after the receipt of such form. [signature page follows] DEVELOPMENT AGREEMENT Page 10 CITY OF ANNA By: Ry Henderson, Interim City Manager IN WITNESS WHEREOF: STATE OF TEXAS CgVNTY OF COLLIN Before Inc. the undersigned notary public, on the,([_ y of '' 2023, appeared Ryan Henderson, known to me (or proved to me) to be the person whose nameissubs cribed scribed to the foregoing instivment, and acknowledged to me that he executed the same in his capacity as Interim City Manager of the City of Anna. Texas. 0'ef &:4a Notary Public, State of -Texas Thinkk Big Investments, LLC 421 County Club Road Fairview. TX 75064 CARRIE L. LAND Notary Public, State of Texas Comm. Expires 02.04.202T 'n„°;,•,•• Notary ID 11419404 IN WITNESS WHEREOF: STATE OF TEXAS COUN OF DALLAS efore me, the undersigned notary public, on the 1 day o 2023, appeared C , known to me (or proved to me) to be the person whose name is subscribed to t N foregoin ns tument, and acknowledged to me that he!she executed the same in his/her capacity as tate of Texas(; �b IrRSEN1A MAfETTA NotarySic ;? CTATE OFTEXAS Y'it Imo' ��V"f NOTARY ID x 133383088 Dti \IN I:oiun rnpi. 10-20-2025 EXffiPIT A PROPERTY *DISC UMON EXHIBIT A ZONING DESCRIPTION MULTI FAMILY RESIDENTIAL (MFR) KNIPPA FAMILY REVOCABLE LIVING TRUST GUYN MORRISON SURVEY, ABSTRACT NO. S59, COLLIN COUNTY, TEXAS 16.109 ACRES BEING a 16.109 acre tract of land situated in the Guyn Morrison Survey, Abstract No. 559, Collin County, Texas, and being all of a called 16.097 acre tract of land conveyed to Knippa Family Revocable Living Trust by Warranty Deed recorded in instrument Number 20020213000229560, Official Public Records, Collin County, Texas; said 16.109 acre tract being more particularly described as follows: BEGINNING at a point for corner at the northeast corner of said 16.097 acre tract, being in the south line of County Road 427 and the northwest corner of a called 88.7622 acre tract of land conveyed by deed to 3McJoint Venture, as recorded in Volume 3670, Page 174, Deed Records, Collin County, Texas; THENCE South 00 degrees 14 minutes 55 seconds East along the east line of said 16.097 acre tract and the west line of said 88.7622 acre tract, passing the southwest corner of said 88.7622 acre tract and the northwest corner of a called 10.00 acre tract of land conveyed to William Stiltz et ux as recorded in Document Number 19830614000277820, Deed Records, Collin County, Texas, continuing along the west line of said 10.00 acre tract, in all a total distance of 1,319.82 feetto the southeast corner of said 16.097 acre tract and the northeast corner of a called 12.423 acre tract of land conveyed by deed to The Duer Family Trust as recorded in Document Number 19990106000021500, Deed Records, Collin County, Texas; THENCE South 89 degrees 00 minutes 00 seconds West departing the west line of said 10.00 acre tract, along the south line of said 16.097 acre tract and the north line of said 12.423 acre tract, passing the northwest corner of said 12.423 acre tract, and a northeast corner of a called 15.54 acre tract of land conveyed by deed to Mullet Living Trust as recorded in Document Number 20061027001549080, Official Public Records, Collin County, Texas, continuing in all a total distance of 528.00 feet to the southwest corner of said 16.097 acre tract and a re-entrant corner of said 15.54 acre tract; THENCE North 00 degrees 12 minutes 00 seconds West along a west line of said 16.097 acre tract, the east line of said 15.54 acre tract, passing a northeast corner of said 15.54 acre tract and the southeast comer of a called 13.60 acre tract of land conveyed by deed to Keith Douglas Bird as recorded in Document Number 20081014001223710, Official Public Records, Collin County, Texas, continuing along the east line of said 13.60 acre tract, in all a total distance of 1,160.00 feet to a re- entrant corner of said 16.097 acre tract and a northeast corner of said 13.60 acre tract; Page 1 of 3 EXHIBIT A THENCE along the common line between said 16.097 acre tract and said 13.60 acre tract, the following two (2) courses and distances: South 85 degrees 45 minutes 00 seconds West, a distance of 99.00 feet to a southwest corner of said 16.097 acre tract and a re-entrant corner of said 13.60 acre tract; North 00 degrees 12 minutes 00 seconds West, a distance of 132.00 feet to the northwest corner of said 16.097 acre tract and being in the south line of said County Road 427; THENCE North 85 degrees 57 minutes 00 seconds East departing the east line of said 13.60 acre tract, along the south line of said County Road 427 and the north line of said 16.097 acre tract, a distance of 627.00 feet to the POINT -OF -BEGINNING, containing 16.109 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 ® 2022 Westwood Professional Services, Inc. oOG ;OUNTY oo` � 6 OAD _N8S°S 132.00-1 N00012200=W ' CALLED 51.208 ACRES JULIAN M. SMITH ET UX DOC NO. 79730507OWS07270 rah. 427 ,00 P.O.B. S85648,00"W L-n CALLED 13 60 ACRES ° m r J . r+ ` rJ • KEITH DOUGLAS BIRD DOC NO 20081014001223710 v� N a 4 ,{ �r % 1%4 r J GALLED 88.7622 ACRES OC y w %d + t9 N Z p �y y 3MCJOINT VENTURE VOL 3670, PG. 174 1� TRACT 1 CALLED 15.54 ACRES O MULLET LIVING TRUST o a z O V DOC NO 2006702700IS49080 N efto Z u O � � $ APPROXIMATE LOCATION SURVEY LINE V r J %�• x 90 J`� J S89°0t. 0,00"W 52&00 GALLED IZ423 ACRES V Q THE DOER FAMILY TRUST DOC NO 19MI06WW21500 -� u LEGEND P.O.B. POINT OF BEGINNING INST. NO. INSTRUMENT NUMBER VOL. PG. VOLUME, PAGE DOG NO. DOCUMENT NUMBER BEING A 16.097 ACRE TRACT LOCATED IN THE GUYN MORRISON SURVEY, ABSTRACT NO.359, COLON COUNTY, TEXAS ANNA, TEXAS NOTE• THIS IS NOT A BOUNDARY SURVEYAND DOES NOT REPRESENT AN ON THE GROUND SURVEY. C11:7 kyTI-61-6 7i� Piti m ("4) 4n4M 2M Dana Parkway. SUM 4W TdRue (NOWT-MM sWwwa MWMf,,!ss "s Mu Reomwaaw na tw4ml 1�1 0' 300' 600' MULTI -FAMILY SHEET NUMBER: RESIDENTIAL 3 OF (MFR) 3 ZONING EXHIBIT DATE: 11/16/22 nn^ err ► a 44Lanrn. nn a &+n Co EXHIBIT B S �.nanu. 1 SHEET 1 OF 2 NLAe BtlIMEf uJ GStuMwert [It11tJIrOm WYrIF/yr(['e. ._y n01 WIR aurvpyda4. IN CpM^WNCE WILN. u �COIINTY MAD FIELD (@]Ittl IS llSi(p AS ^i PAALLOWS }I1•— SITE FOR 0 R.O.W. DEDICATION E TMEASAREpFROM INECENTER OFINSRp.W I ... Note: Development USSUMCS One lot for the entire development fIAE WEE l6tvnMylmteJMW^ naemm: aec[tllenl — PROPERTY LIrEE ® C.M. PRICING SVRCE ® UNCO DPARUNGSPACE REME-C)L1TY SONLAI1XFM iL000AREA PER i1RMPANELA 0501601 _ SLSWDOWNS CREEK TRIBUTARY PERNWIOATAOT :: OPFN SPACE a r 1 — — N I v.. { 0.` r iY.v::Y : L• 1 R[OCR A. to, t S ANNA. FLOWS I Co.N COLANTY '16.1A@ETRACI' MEILL55 AERES _ (LUARFACRwsaN FORM AASSS INGIfl([P I� I _.ARRAM...n oEVE-OnN:- CONCEPT PLAN EXHIBIT B SHEET 2 OF 2 N�. pem,n ma alnM,e wR+. uni.s x.m cwn: r w m.ls, nawM wn.IraRu Note: Development assumes one lot for the entire development LEGEND PRt 4N1 II—A,KK.11d n WI —.—n: a.e ucnnl — PRnPERK nM ® C-1.PA-ILHAR ®� UN[7V[Ko PM.NG PME `! > VV MustfMim =EA:o?.ena 400oA.0 —'—'-— ra rum PavnRmsn:GG[ ust[R GROVC U[[R IRIRUIM, PMM QAIARI . CHN PPE BUILDING TYPES - i L ri. MATCHLINE: REFERENCE PG 1 OF 2 OWXI�: n�iN 114.i [ax4rt RLW W e.tO[KY LM I Mvc inx I [owx wGxn sc:ACx[iRR ss s1M1 Ir"" ss IL, A"" Z5s 4LIXN .SU RVET S /diif EDIT C DEVELOPN + .T STAAiD RIDS Exhibit C - Development Standards 1. Purpose. The purpose of these Development Standards is to facilitate the development of a Multiple - family residence subdivision. 2. Definitions. Except as otherwise provided herein, the definitions in Appendix 3 of the City's Zoning Ordinance shall apply. Multiple -family residence: Any building or portion thereof which is designed, built, rented, leased, or let to be occupied as two or more dwelling units or apartments or which is occupied as a home or place of residence by two or more families living in independent dwelling units. 3. Standards and Area Regulations. A. The location of the development shall be in substantial conformance with the Concept Plan. B. Development must comply with the development standards for use, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, and lighting, set forth in the MF-1 Multiple -Family Residential - Medium Density (MF-1) zoning district and the Planning and Development Regulations except as otherwise specified herein. i. Maximum height (feet): 29 ii. Side Yard, interior (feet): 25 Ill. Parking: a) One -bedroom: One space per unit; b) Two- & Three -bedroom: Two (2) spaces per unit; c) Covered Parking: 50% of the residence required parking must be covered; and d) Visitor Parking: 0.25 per unit. iv. Screening Fence: Screening and fencing on any perimeter not abutting a public right-of-way shall consist of a 6-foot board on board wood fencing. v. Buffer: To preserve the natural tree line and provide transition between different types of land uses a 20-foot wide vegetative buffer shall be provided along the entire eastern, southern, and western property boundaries. The natural tree line, where existing, shall be preserved as a buffer and in areas where no trees exist the developer shall be required to plant one large tree (minimum of three-inch caliper and seven feet high at time of planting) per 40 linear feet, or portion thereof, along the property boundaries. C. To prohibit indiscriminate dear cutting the applicant has agreed to preserve the existing tree line located along the eastern, southern, and western property boundaries of the zoning requires. The existing tree line shall be located within a 20' tree preservation easement as Identified on the Concept Plan (Exhibit A) and designated as a non - disturbance area in which no construction or tree removal will occur. Removal of any trees in these areas are subject to restriction under Sec.9.07.003 (Permit required; exceptions) of Article 9.07 (Tree Preservation) within the City of Anna Code of Ordinances. D. Plats and/or site plans submitted for the development of the PD shall conform to the data presented and approved on the Concept Plan. Non -substantial changes of detail on the final development plan(s) that differ from the Concept Plan may be authorized by the City Council with the approval of the final development plan(s) and without public hearing. E. The Concept Plan will expire after two (2) years of approval. 4. Design Standards A. Except as noted below, the exterior walls (excluding windows and doors) on the front elevation of any two -unit multiple family residence structure shall be 80 percent masonry. The total cumulative surface area of the remaining exterior walls (excluding windows and doors) shall be 60 percent masonry. Each structure shall be deemed to have only one front elevation. B. A maximum of 10 percent of any exposed exterior wall may consist of exterior insulation and finish system (EIFS). C. Second floor Dutch gable roof elements are not required to be masonry. D. 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. 2 E. 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". F. Building articulation: At least four (4) facade articulation techniques are required on each unit to add architectural variety and interest to a building. The following features shall be acceptable techniques of exterior articulation: I. A base course or plinth course; banding, moldings, or stdngcourses; quoins; oriels; comices; arches; brackets; keystones; dormers; louvers as part of the exterior wall construction. (Quoins and banding shall wrap around the comers of the structure for at least two feet.). ii. Balconies. iii. Bay windows. iv. Masonry chimney(s). v. Double -entry door(s). A. Covered Entry(ies) vii. The use of both stone and brick on the front elevations with a minimum of ten percent coverage of one of the elements. viii. 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. G. 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. 3 Collin County Honorable Stacey Kemp Collin County Clerk COPY Instrument Number: 2023000041369 Real Property AGREEMENT Recorded On: April 18, 2023 03:19 PM Number of Pages: 23 " Examined and Charged as Follows: " Total Recording: $110.00 "' 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: 2023000041369 20230418000551 Recorded Date/Time: April 18, 2023 03:19 PM User: Station: Alyssa A Station 7 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 ��i•ri • i AGREEMENT REGARDING SERVICES This Agreement Regarding Services (this "Agreement" or "Service Plan") is entered into this 27th day of June 2023 by and between Thinkk Big Investments, LLC, and the City of Anna, Texas a home rule municipality. SUBJECT PROPERTY The real property that is the subject of this Service Plan is described as follows: Woodland Estates. 16.1± acres. Generally located on the south side of County Road 427, 530± east of County Road 425 (future Leonard Avenue). AGREEMENT CONDITIONED ON ANNEXATION This Agreement is conditioned on the City of Anna City Council adopting an ordinance annexing the Subject Property described above on or before the 27th day of June 2023. If the City Council does not adopt such ordinance on or before said date then this Agreement shall be null and void in its entirety. Nothing in this Agreement shall require the City Council to annex the Subject Property. POLICE PROTECTION On the effective date of annexation, the City of Anna, Texas and its Police Department will provide police protection to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. FIRE PROTECTION On the effective date of annexation, the City of Anna, Texas and its Fire Department will provide fire protection to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. Page 1 of 5 EMERGENCY MEDICAL SERVICES On the effective date of annexation, the City of Anna, Texas will provide emergency medical services to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. SOLID WASTE COLLECTION On the effective date of annexation, the City of Anna, Texas, through its contract with CARDS Dallas, Inc. or another service provider, will provide solid waste collection to residents and businesses in the newly annexed area (to the extent that the service provider has access to the area to be serviced) at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. Such service will be provided in accordance with existing City policies and Ordinances, and only upon payment of any required deposits and the agreement to pay lawful service fees and charges for solid waste collection. Solid waste collection through a subscription with the City's solid waste franchisee is mandatory for City of Anna residents and businesses operating within the city limits unless provided for otherwise by ordinance. WATER AND WASTEWATER FACILITIES On the effective date of annexation, any and all water or wastewater facilities owned by the City of Anna, Texas at the time of annexation shall be maintained and operated by the City of Anna, Texas. Of such facilities, the City will maintain the main water transmission and wastewater collection lines. All water and wastewater service lines from the building to the easement or right-of-way line, shall be maintained by the property owner served by the service connection. Residents and owners of property in newly annexed areas that are located within the City's water or wastewater CCN will be offered water and wastewater service in accordance with City policies and ordinances in existence at the time of annexation or as may be amended from time -to -time by the City Council. Generally, these ordinances state that the landowner or customer must bear the cost of construction of water and wastewater system facilities to a point where suitable connection to the existing system can be made and service to the customer can be provided. All water and wastewater facilities designed to connect to the City's existing system must be approved by the City and meet all City zoning, subdivision, and other development ordinances and requirements. Page 2 of 5 ROADS AND STREETS On the effective date of annexation, any and all existing public roads or streets in the newly annexed area which have been dedicated to Collin County, Texas or to the City of Anna, Texas, or which are owned by the City of Anna, Texas shall be maintained to the same degree and extent that other roads and streets are maintained in areas of the City with similar topography land use and population density. Specific maintenance activities are determined by available funding and the need for maintenance as determined by the City. The City is not obligated to maintain any portion of a private road or street. Any and all lighting of roads and streets which may be positioned in a public right of way, roadway or utility company easement shall be maintained by the applicable utility company servicing that area of the City of Anna, Texas pursuant to the rules regulations and fees of such utility. An owner of land within the newly annexed area that desires to develop said'property will be required pursuant to the ordinances of the City of Anna, Texas to provide internal and peripheral streets and to construct those streets in accordance with the specifications required by the City of Anna, Texas. PARKS PLAYGROUNDS AND SWIMMING POOLS OR ANY OTHER PUBLICLY OWNED FACILITY BUILDING OR SERVICE The City Council of the City of Anna, Texas is not aware of the existence of any public parks, public playgrounds, public swimming pools, or any other publicly owned facility, building or service now located in the area proposed for annexation. In the event any such parks, playgrounds, swimming pools, or any other public facilities, 'buildings or services do exist and are public facilities, the City of Anna, Texas will maintain such areas upon annexation to the same extent and degree that it maintains public parks, public playgrounds, public swimming pools, other public facilities buildings or services and other similar areas of the City now incorporated in the City of Anna, Texas. To the extent that it becomes necessary because of development demands population growth or a bona fide need, the City Council of the City of Anna, Texas will undertake to provide any such facility which it deems necessary to adequately provide for the health and safety of the citizens of the newly incorporated area based upon the standard considerations of topography, land use and population density. OTHER MUNICIPAL SERVICES Following annexation by the City of Anna, Texas, the City will provide code enforcement, planning, and animal control services to the newly annexed area, to the extent such services are funded in the annual budget and provided by the City within its full -purpose boundaries. In addition, the City will provide other municipal services that the City may from time to time provide to other similarly situated areas within the City's corporate limits. The services referenced in this paragraph will be provided to the newly annexed area at Page 3 of 5 the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. CONSTRUCTION OF CAPITAL IMPROVEMENTS The City Council of the City of Anna, Texas finds and determines it may be necessary to acquire or construct specific capital improvements for the purposes of providing full municipal services to the newly annexed area. These capital improvements shall be constructed as part of the development of the property and may be eligible for impact fee reimbursement. Subject to the foregoing, the City Council finds and determines that it has at the present time adequate facilities to provide the same type, kind and level of service which exists in and is presently being administered to other areas already incorporated in the City of Anna, Texas with the same or similar topography, land use and population density. SPECIFIC FINDINGS The City Council of the City of Anna, Texas finds and determines that this Service Plan will not provide any fewer services and it will not provide a lower level of service in the area proposed to be annexed than were in existence in the proposed area at the time immediately preceding the annexation process. Furthermore, the City Council of the City of Anna, Texas finds and determines that the rural nature of the area is characteristically different from other more highly developed areas within the corporate limits of the City of Anna, Texas. Consequently because of the differing characteristics of topography, land use, and population density the service levels which may ultimately be provided in the newly annexed area may differ somewhat from services provided in other areas of the City of Anna, Texas. These differences are specifically dictated because of differing characteristics of the property. The City of Anna, Texas will undertake to perform consistent with this contract so as to provide this newly annexed area with the same type, kind and quality of service presently enjoyed by the citizens of the City of Anna, Texas who reside in areas of similar topography, land use and population density. AMENDMENTS This Service Plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this Service Plan unworkable or obsolete. The City Council may amend the Service Plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056. Page 4 of 5 Owners : Thinkk Big Investments, LLC a Texas Limited Liability Company -">-moveau+ IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF 6r11,k 4t,NY?p BRAN DON CHONG °+P,•' • =NotaryPublic, State of Texas •' ;comm.. . - Explreel1•o8.2028 nr,rIt" Notary ID 13{056083 This instrument was acknowledged before me on the I rd dayOf A-vT ��, 20 2-3 by fir; rh V t x �Q n h u rh ct tj as owner of TAl0n /< 01G .L119 ✓PyT rhPn I5 1-1- Notary PuKic, State of Texas Cit of lnna: By: Name an Henderson Title: terim City Manager IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF COLLIN This instrument was acknowledged before me on the 4 day of 2023, by Ryan Henderson as representative of the City of Anna. JEOVANNA RUBIO Notary Public, State of Texas Br°,+ n_ Notary Public, State of Texas '•'ems Comm. Expires 10-03-2026 Not ID 133995676 Page 5 of 5 GLENN HEGAR TEXAS COMPTROLLER Or PUBLIC ACCOUNTS P.O. Box 13528 Austin, TX 78711-3528 August 16, 2023 Ms. Carrie L. Land City Secretary City of Anna PO Box 776 Anna, TX 75409-0776 Dear Ms. Land: We have received Anna annexation ordinance nos. 1046-2023-06, 1053-2023-06, 1056-2023-06, and the maps indicating the property annexed into the City of Anna. City sales and use tax will become effective October 1, 2023 in the annexed area as indicated on the maps. If you have any questions or need more information, please call me toll free at 1-800-531-5441, ext. 51907. My direct number is 512-475-1907. Sincerely, Josh Hastie Revenue Accounting Division Tax Allocation Section AGREEMENT REGARDING SERVICES This Agreement Regarding Services (this "Agreement" or "Service Plan") is entered into this 27th day of June 2023 by and between Thinkk Big Investments, LLC, and the City of Anna, Texas a home rule municipality. SUBJECT PROPERTY The real property that is the subject of this Service Plan is des 'bed Woodland Estates. 16.1 t acres. Generallv located on the south s'fde1 AGREEMENT CONDITIONED 01�i 114 This Agreement is conditioned on the annexing the Subject Property descri If the City Council does not adopt s Agreement shall be null and void in the City Council to annex the Subjects POLICE PROTECTIO On the effective date of ai will provide police p ct� service now bein r topograpl}�an s , nd FI TIO �wt1,GlLaQopting an ordinance the 27th day of June 2023. or efore said date then this this Agreement shall require Y of Anna, Texas and its Police Department ew annexed area at the same or similar level of areas of the City of Anna, Texas with similar density within the newly annexed area. the ffective to f annexation, the City of Anna, Texas and its Fire Department will pro ' e prot do to the newly annexed area at the same or similar level of service now b . g de to other areas of the City of Anna, Texas with similar topography, land use, d ulation density within the newly annexed area. Page 1 of 5 EMERGENCY MEDICAL SERVICES On the effective date of annexation, the City of Anna, Texas will provide emergency medical services to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. _ SOLID WASTE COLLECTION On the effective date of annexation, the City of Anna, Texas, through i a WKIN CARDS Dallas, Inc. or another service provider, will provide solid w s Ile 'o 0 residents and businesses in the newly annexed area {to 9xfVxte t a se provider has access to the area to be serviced) at the same o ' I f e w being provided to other areas of the City of Anna, Texas with mi to o , land use, and population density within the newly annexed area. is rovided in accordance with existing City policies and Ordinances nd o u n yment of any required deposits and the agreement to pay I I se i fe s ges for solid waste collection. Solid waste collection throw a ubs 'p n wit th City's solid waste franchisee is mandatory for City of Anna r d usi s perating within the city limits unless provided for otherwise b or t e. WATER AND WASTEWA On the effective date of annexation, the City of Anna, Texas at the ti the City of Anna, Texas. s transmission and wastewater of ct the building to the easemen o 'g owner served by the so ie�c n 11 w er r wastewater facilities owned by i n s all be maintained and operated by City will maintain the main water water and wastewater service lines from line, shall be maintained by the property Residents nd oyftrfof op in newly annexed areas that are located within the City's w er r st ater C will be offered water and wastewater service in accordan wit Ci o es an ordinances in existence at the time of annexation or as m be am de o tim to -time by the City Council. Generally, these, ordinances to at the 1do ne customer must bear the cost of construction of water and w to er syste f cilities to a point where suitable connection to the existing system can m e a s ice to the customer can be provided. All water and wastewater facilitie esi ed connect to the City's existing system must be approved by the City and mee ity zoning, subdivision, and other development ordinances and requirements. Page 2 of 5 ROADS AND STREETS On the effective date of annexation, any and all existing public roads or streets in the newly annexed area which have been dedicated to Collin County, Texas or to the City of Anna, Texas, or which are owned by the City of Anna, Texas shall be maintained to the same degree and extent that other roads and streets are maintained in areas of the City with similar topography land use and population density. Specific maintena ctivities are determined by available funding and the need for maintenance as dete 'ne y the City. The City is not obligated to maintain any portion of a private road or stree . n nd all lighting of roads and streets which may be positioned in a public right of r d or utility company easement shall be maintained by the applicable i ny servicing that area of the City of Anna, Texas pursuant to the les re I io s an e of such utility. An owner of land within the newly annexed area that desires to d elo pro ray will be required pursuant to the ordinances of the City of Anna t ro a emal and peripheral streets and to construct those streets in ac r w'h a ecifications required by the City of Anna, Texas. PARKS PLAYGROUNDS AN G LS OR ANY OTHER PUBLICLY OWNE C G OR SERVICE The City Council of the City of Anna, parks, public playgrounds, public sW building or service now located i such parks, playgrounds, swi min services do exist and are pub f ciliti upon annexation to the sam a eni playgrounds, public sw�0 ++ ' 00 similar areas of the QI'fv now or is t a areYf the existence of any public oo! or ny other publicly owned facility, pr ose for annexation. In the event any Is, r y other public facilities, buildings or Ci of Anna, Texas will maintain such areas egree that it maintains public parks, public ublic facilities buildings or services and other in the City of Anna, Texas. To the a th it b me a ssary because of development demands population growth or bo fi ne , the ity Council of the City of Anna, Texas will undertake to pr ide any ch ci w ' h it deems necessary to adequately provide for the health dMafety of a ize of the newly incorporated area based upon the standard cbksidNgions o op graphy, land use and population density. OTHM MUNXIPAL SERVICES Following annexation by the City of Anna, Texas, the City will provide code enforcement, planning, and animal control services to the newly annexed area, to the extent such services are funded in the annual budget and provided by the City within its full -purpose boundaries. In addition, the City will provide other municipal services that the City may from time to time provide to other similarly situated areas within the City's corporate limits. The services referenced in this paragraph will be provided to the newly annexed area at Page 3 of 5 the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. CONSTRUCTION OF CAPITAL IMPROVEMENTS The City Council of the City of Anna, Texas finds and determines it may be sary to acquire or construct specific capital improvements for the purposes of p A full municipal services to the newly annexed area. These capital improvement ha e constructed as part of the development of the property and may be eligible p t f reimbursement. Subject to the foregoing, the City Council finds and dete s t i as at the present time adequate facilities to provide the same typ , ind d ev f s i which exists in and is presently being administered to other a e ate in the City of Anna, Texas with the same or similar topography, I se n tion density. this Service Plan I of service in the I area at the time council of the City characteristically imits of the City of 'topography, land ie provided in the )ther areas of the cause of differing 3rtake to perform ith the same type, Y of Anna, Texas !nsity. ines at a public ake this Service Service Plan to irsuant to Texas Local Government Code, Section 43.056. Page 4 of 5 Owners Thinkk Big Investments, LLC a Texas Limited Liability Company B• Nam . nath Title: Mana IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF )' h § ,.All BRANDON ,� �► Notary PUb!! ;fit This instrument was acknowledged before me on the of , 20 23 , by Pr%fih iyi ✓'u i L� cjol hNthan caner f �,ori.; Lz of Texas City of By: IN WITNESS WHE STATE OF TEXAS COUN O O IN Th' instrum t w a o dged before me on the day of , 23, y Ryan n rso s representative of the City of Anna. �Eo NNA RUBIO Notary Public, State of Texas' a!" • ubllc. State of Texas �� _• ,. ••.? Comm. Expires 10-03-2026 °ia�`� Notary ID 133995076 r• 12JQ5;409P1rA)6— 0"71,j TV 1 �zr r aa ?�� S7` AIII-- `7 !lf v 9 Page 5of5 111111111 11111111 Collin County Honorable Stacey Kemp Collin County Clerk Instrument Number: 2023000089262 Real Property AGREEMENT Recorded On: August 04, 2023 01:42 PM Total Recording: $42.00 Any File Inform Document Receipt Nt Recorded User: Station: " Examined and Charged as Follows: " \ O of dWor or 2023 01:42 PM Amanda J Station 6 PART OF THE INSTRUMENT Sale, Rental or use of the described REAL PROPERTY nvalid and unenforceable under federal law. 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