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HomeMy WebLinkAboutRes 2023-06-1460 Approving Dev Agreement- Bloomfield Homes- Meadow Vista DevRESOLUTION NO. 2023 -o(o - ILi(o0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS APPROVING THE MEADOW VISTA
DEVELOPMENT AGREEMENT WITH BLOOMFIELD HOMES,
LP
WHEREAS, approximately 223.154 acres of real property located in the municipal
boundaries of the City, in Collin County, Texas is intended to be developed as a planned
development (the "Property") and,
WHEREAS, the City intends that the property be developed in accordance with the
Meadow Vista 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. The recitals are incorporated herein as if set forth in full for all purposes.
SECTION 2. The City Council hereby approves the Meadow Vista Development
Agreement attached hereto as Exhibit 1, and authorizes the Mayor's or Interim City
Manager's execution of 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.
CONSIDERED, PASSED AND ADOPTED by the City Council of the City of Anna at
a regular meeting on the 27th day of June 2023.
ATTEST:
CbP&�
_
Carrie L. Land, City Secretary
MEADOW VISTA DEVELOPMENT AGREEMENT
This Meadow Vista Development Agreement (this "Agreement") is entered into by and
between the CITY OF ANNA, TEXAS, a Texas home -rule municipality (the "giff") and
BLOOMFIELD HOMES, L.P., a Texas limited partnership ("Developer") (each individually, a
"Party," and collectively, the "Parties"), to be effective on the Effective Date.
SECTION 1
RECITALS
WHEREAS, certain capitalized terms used in these recitals are defined in Section 2; and
WHEREAS, the City is a home -rule municipality of the State of Texas; and
WHEREAS, Developer owns approximately 223.154 acres of real property, described by
metes and bounds in Exhibit A and depicted in Exhibit B (the "Pro a "); and
WHEREAS, the Property is located within the corporate limits of the City; and
WHEREAS, it is intended that the Property be developed as generally depicted on the
Concept Plan, and contain single-family homes of various sizes over multiple phases and is to be
known and referred as Meadow Vista (the "Project"); and
WHEREAS, it is the intent of the Parties that the Property will be developed substantially
in compliance with an agreed upon Concept Plan (as defined herein), which is attached hereto as
Exhibit C, and which may be revised as set forth in this Agreement and in accordance with
applicable City Regulations and the planned development zoning approved by the City Council on
December 10, 2019 pursuant to Ordinance No. 839-2019, as may be amended (the "PD"), which
PD is attached hereto as Exhibit D; and
WHEREAS, the Property is subject to that certain Development Agreement (the' Original
Agreement"), attached hereto as Exhibit E. effective as of December 10, 2019, between the City
and QJR Partnership LTD., predecessor -in -interest to Developer, which Original Agreement is
fully incorporated herein, and the Parties intend for this Agreement to supplement the Original
Agreement; and
WHEREAS, the Concept Plan is intended to comply with the vision of the 2050
Comprehensive Plan; and
WHEREAS, the Parties intend for the City to provide water and sewer service to the
Property; and
WHEREAS, Developer desires and intends to construct and/or make financial
contributions to certain on -site and/or off -site public improvements to serve the development of
the Property ("Authorized Improvements"), which Authorized Improvements are generally
identified in Exhibit F and that Developer's costs incurred therewith will be financed or
reimbursed through PID Bond Proceeds; and
AfADOW VISTA DEVELOPMENT AGREEMENT PAGE i
WHEREAS, in consideration of Developer's agreements contained herein, the City shall
use reasonable efforts to exercise its powers under the PID Act to provide financing arrangements
that will enable Developer to do the following in accordance with the procedures and requirements
of the PID Act and this Agreement: (a) fluid or be reimbursed for a specified portion of the costs
of the Authorized Improvements using the proceeds of PID Bonds; or (b) obtain reimbursement
for the specified portion of the costs of the Authorized Improvements, the source of which
reimbursement will be installment payments from Assessments within the Property, provided that
such reimbursements shall be subordinate to the payment of PID Bonds and Administrative
Expenses; and
WHEREAS, the Parties desire and intend for the design, construction, and installation of
the Authorized Improvements to occur in a phased manner over the Term of this Agreement and
that Developer will dedicate to and the City will accept the Authorized Improvements for public
use and maintenance, subject to the City's approval of the plans and inspection of the Authorized
Improvements in accordance with this Agreement and the City Regulations; and
WHEREAS, the City, subject to the consent and approval of the City Council, and in
accordance with the terms of this Agreement and all legal requirements, including but not limited
to any Indenture, intends to: (i) adopt a Service and Assessment Plan; (ii) adopt an Assessment
Ordinance (to pay for a specified portion of the Budgeted Cost(s) shown on Exhibit F and
approved by the City's Director of Public Works or his designee and the costs associated with the
administration of the PID and the issuance of PID Bonds); and (iii) issue, in multiple series, PID
Bonds for the purpose of financing a specified portion of the costs of the Authorized Improvements
and paying associated costs as described herein; and
WHEREAS, the City shall use reasonable efforts to issue PID Bonds to finance the
Authorized Improvements in accordance with the Service and Assessment Plan; and
WHEREAS, prior to or concurrent with the sale of any PID Bond issue: (a) the City
Council shall have approved and adopted the PID Resolution, a Service and Assessment Plan and
an Assessment Ordinance (collectively, the "PID Documents") and (b) the City shall have
reviewed and approved the Home Buyer Disclosure Program and a Landowner Agreement(s) to
be executed by owners of the Property constituting all of the acreage in the applicable phase of the
PID for which PID Bonds are being issued; and
WHEREAS, to the extent funds must be advanced to pay for any costs associated with the
creation of the PID, the issuance of PID Bonds, or the preparation of documentation related thereto,
including any costs incurred by the City and its consultants and advisors (excluding the fees
associated with closing the PID Bonds), Developer shall be responsible for advancing such fiends,
shall have a right to reimbursement for certain funds advanced from a combination of PID Bond
Proceeds and/or Assessments, and the City will not be responsible for such reimbursement or the
payment of such costs from any other sources of funds; and
VVHEREAS, unless expressly set forth to the contrary in this Agreement, it is the Parties'
mutual intent that this Agreement shall supersede City Regulations only to the extent that City
Regulations directly conflict with the terms of this Agreement; and
AZE"OW VISTA DEVELOPMENT AGRMAMNT PAGE 2
WHEREAS, Developer understands and acknowledges that the obligations undertaken
under this Agreement are primarily for the benefit of the Property; and
WHEREAS, Developer understands and acknowledges that acceptance of this Agreement
is not an exaction or a concession demanded by the City but rather is an undertaking of Developer's
voluntary design to ensure consistency, quality, and adequate infrastructure that will benefit
Developer's development of the Property; and
WHEREAS, the Parties acknowledge that the Property may be developed and used in
accordance with this Agreement; and
WHEREAS, this Agreement shall constitute a "permit" under Chapter 245 of the Texas
Local Government Code;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties hereby agree as follows:
SECTION 2
DEFINITIONS
Certain terms used in this Agreement are defined in this Section 2.Other terms used in this
Agreement are defined in the recitals or in other sections of this Agreement. Unless the context
requires otherwise, the following terms shall have the meanings hereinafter set forth:
2050 Comprehensive Plan means the Anna 2050 Comprehensive Plan and application
provisions of the Anna 2050 Parks Open Space Trails Master Plan adopted by the City Council on
April 27, 2021.
Administrative Expenses means reasonable expenses incurred by the City and Developer
in the establishment, administration, and operation of the PID.
Administrator means an employee, consultant, or designee of the City who shall have the
responsibilities provided in the Service and Assessment Plan, an Indenture, or any other agreement
or document approved by the City related to the duties and responsibilities for the administration
of the PID.
Assessment(s) means the special assessments levied on the Property pursuant to the PID
Act, under one or more Assessment Ordinances adopted on a phase -by -phase basis to reimburse
Developer for a portion of the Authorized Improvements benefitting the applicable phase(s) as set
forth in the Service and Assessment Plan, as well as payment of Administrative Expenses and
repayment of any PID Bonds and the costs associated with the issuance of the PID Bonds in
relation to such phase or phases.
Assessment Ordinance means an ordinance approved by the City Council under the PID
Act establishing one or more Assessment(s).
Authorized Improvements means all on- and off -site public water, sewer, drainage, and
roadway facilities, rights -of -way, along with other public improvements, such as landscaping and
AM"OW VISTA DEVELOPA'IEN7 AGREEMENT PAGE 3
screening, that benefit the Property, are to be constructed by Developer, are identified on Exhibit
F, and for which the Parties intend Developer will be fully or partially reimbursed pursuant to the
terms of this Agreement.
Authorized Improvements Cost means the actual costs of design, engineering,
construction, acquisition, and inspection of the Authorized Improvements and all actual costs
related in any manner to the Authorized Improvements.
Bond Ordinance means an ordinance adopted by the City Council that authorizes and
approves the issuance and sale of one or more series of PID Bonds.
Budgeted Cost means, with respect to any given Authorized Improvement, the estimated
cost of the improvement as set forth by phase in Exhibit F.
Capital Improvement(s) shall mean the "capital improvements" described in Section
5.11 a hereof.
Capital Improvement Costs means any construction, contributions, or dedications of
Capital Improvements, including actual costs of design, engineering, construction, acquisition, and
inspection, and all costs related in any manner to the Capital Improvement.
Capital Improvements Plan ("CIP") means all capital improvements plan(s) duly adopted
by the City under Chapter 395, Texas Local Government Code, as may be updated or amended
from time to time.
Chapter 245 means Chapter 245, Texas Local Government Code, as amended.
Chapter 395 means Chapter 395, Texas Local Government Code, as amended.
City means the City of Anna, a home rule municipality located in Collin County, Texas.
City Code means the Anna City Code of Ordinances and all of its provisions and
regulations or standards adopted by reference in said Code in effect on the Effective Date;
provided, however, that as it relates to Public Infrastructure for any given phase, 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, except that to the extent there is a conflict between the City
Code and the PD, the PD shall control.
Cily Council means the City Council of the City.
City Manager means the current or acting City Manager of the City of Anna or a person
designated to act on behalf of the City Manager if the designation is in writing and signed by the
current or acting City Manager.
AfADOw VISTA DEVELOPMENT AGREEMENT PAGE 4
City PID Fee means the fee required to be paid by Developer to the City in accordance
with the City's established PID Policy based on the number of residential lots in each phase of
development and which shall be calculated based on the number of residential lots in such phase
of development in accordance with Section 3.3; provided that such City PID Fee shall be reduced
in accordance with Section 5.4 hereof and such reduced City PID Fee shall constitute the City PID
Fee for the purpose hereof.
City Regulations mean City Code provisions, ordinances, design standards (including but
not limited to the City's Neighborhood Design Standards and the PD), uniform codes, policies,
requirements, limitations, restrictions, and other regulations (including but not limited to all fees
and land dedications applicable to the Project) duly adopted by the City and in effect on the
Effective Date; provided, however, that as it relates to Public Infrastructure for any given phase,
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, except that to the extent there is a conflict
between the City Regulations and the PD, the PD shall control. The term does not include Park
Fees, which shall be assessed on the Property in accordance with this Agreement.
Concept Plan means the conceptual plan for the Project attached hereto as Exhibit C, as
may be amended.
Developer Cash Contribution means any amount required to pay Authorized Improvements
Cost that for a phase of development that is not funded or reimbursed with PID Bond Proceeds
from the PID Bonds issued for such phase.
Developer Continuing Disclosure Agreement means any continuing disclosure agreement
of Developer executed contemporaneously with the issuance and sale of PID Bonds.
Developer Improvement Account means an account into which Developer shall deposit the
Developer Cash Contribution to provide security and to fund any amount of Authorized
Improvements Cost not funded or reimbursed with PID Bond Proceeds.
Effective Date means the effective date of this Agreement, which shall be the date upon
which all Parties have fully executed and delivered this Agreement and the City's legal counsel
has signed this Agreement, approving same as to form.
End User means any tenant, user, or owner of a Fully Developed and Improved Lot, but
excluding the HOA.
Fully Developed and Improved Lot means any privately -owned lot in the Project,
regardless of proposed use, intended to be served by the Authorized Improvements and for which
a final plat has been approved by the City and recorded in the Real Property Records of Collin
County.
Governing Regulations mean the regulations identified in Section 5.13(d).
AME"Ow VISTA DEVELOPMENT AGREEMENT PAGE 5
HOA means the homeowners association formed with respect to the Project, which shall
privately function as a homeowners association for the Project to be named the Meadow Vista
Homeowners Association or such similar name as may be available with Texas Secretary of State
or its successors.
Home Buyer Disclosure Program means the disclosure provisions relating to property
located in public improvement districts set forth in Chapter 5 of the Texas Property Code, which
establish a mechanism to disclose to each End User the terms and conditions under which their lot
is burdened by the PID.
Impact Fees means those fees assessed and charged against the Project in accordance with
Chapter 395 and as defined therein.
Impact Fee Accounts means the interest -bearing deposit accounts maintained by the City
pursuant to Section 395.024, Texas Local Government Code, as amended.
Impact Fee Credits means reimbursements of Impact Fees and/or credits against Impact
Fees otherwise due from the Project.
Improvement Account of the Project Fund means the construction fund account created
under a particular Indenture, funded by the PID Bond Proceeds, and used to pay or reimburse for
certain portions of the construction or acquisition of the Authorized Improvements.
Indenture means a trust indenture by and between the City and a trustee bank under which
PID Bonds are issued and funds are held and disbursed.
Independent Appraisal means, in establishing the appraised value, (i) the appraised value
of a specific assessed parcel or assessed parcels, as applicable, in a specific phase for which
Assessments have been levied as established by publicly available data from the Collin Central
Appraisal District, (ii) the Collin Central Appraisal District Chief Appraiser's estimated assessed
valuation for completed homes (home and lot assessed valuation) and estimated lot valuation for
lots on which homes are under construction, (iii) an "as -complete" appraisal delivered by an
independent appraiser licensed in the State of Texas, which appraisal shall assume completion of
the particular phase for which said Assessments have been or will be levied, as applicable (iv) a
certificate delivered to the City by a qualified independent third party (which party may be the PID
Administrator or a licensed appraiser) certifying on an individual lot type basis, the value of each
lot in the particular phase, as applicable, for which such Assessments have been levied based on
either (x) the average gross sales price (which is the gross amount including escalations and
reimbursements due to the seller of the lots) for each lot type based on closings of lots in such
phase for wluch the Assessments have been levied or (y) the sales price in the actual lot purchase
contracts in the particular phase for which such Assessments have been or will be levied, as
applicable.
Non -Benefited Property means parcels or lots that accrue no special benefit from the
Authorized Improvements, including but not limited to property encumbered with a public utility
easement that restricts the use of such property to such easement.
11'f4DOw VISTA DEVELOPMENT AGREEMENT PAGE 6
Landowner Agreement means an agreement, which ,may or may not be part of a PID
reimbursement agreement, by and between the City and the owner(s) of the Property consenting
to the creation of the PID, the levy of the Assessments, and undertaking certain other obligations
relating to providing notice to subsequent owners of all or a portion of the Property, including a
Declaration of Covenants, Conditions, and Restrictions and the Home Buyer Disclosure Program.
Notice means any notice required or contemplated by this Agreement (or otherwise given
in connection with this Agreement).
Park Fees means those fees assessed and charged against the Project in accordance with
Sections 9.02.135 and A3.006 of the City Code.
PD means the planned development zoning for the Property approved by the City Council
on December 10, 2019 pursuant to Ordinance No. 839-2019 attached as Exhfbft D. as the same
may be amended.
PID means the "Meadow Vista Public Improvement District" for which the City agrees to
exert reasonable efforts to create for the benefit certain portions of the Project pursuant to the PID
Act and this Agreement.
PID Act means Chapter 372, Texas Local Government Code, as amended.
PID Bond(s) means assessment revenue bonds, but not Refunding Bonds, issued by the
City pursuant to the PID Act to finance the Authorized Improvements.
PID Bond Proceeds means the funds generated from the sale of the PID Bonds.
PID Documents means, collectively, the PID Resolution, the SAP, and the Assessment
Ordinance(s).
PID Financial Summary means the document attached to this Agreement as Exhibit M.
which summarizes financial data related to the PID.
PID Policy means the City of Anna Public Improvement District Policy adopted by the
City Council on June 23, 2020 via Resolution No. 2020-06-747.
PID Resolution means the resolution adopted by the Council creating the PID.
Public Infrastructure means all water, wastewater/sewer, detention and drainage, roadway,
park and trail, and other infrastructure necessary to serve the full development of the Project and/or
to be constructed by Developer and dedicated to the City under this Agreement. The term includes
the Authorized Improvements that will be owned and maintained by the City. The term does not
include any retention and detention ponds, open spaces, trails, common areas, right-of-way
irrigation systems, right-of-way landscaping, screening walls, and any other common
improvements or appurtenances developed in the Project and owned by the HOA.
Real Property Records means the official land recordings of the Collin County Clerk's
Office.
MEADOW VISTA DEVELOPMENT AGREEMENT PAGE 7
Refunding Bonds means bonds issued pursuant to Section 372.027 of the PID Act.
Service and Assessment Plan ("SAP") means the service and assessment plan for the PID,
to be adopted and amended annually by the City Council pursuant to the PID Act for the purpose
of assessing allocated costs against portions of the Project located within the boundaries of the PID
having terms, provisions, and findings approved by the City, as required by this Agreement.
SECTION 3
PUBLIC IMPROVEMENT DISTRICTS
3.1 Creation of the PID; Lew of Assessments. The City shall use reasonable efforts to
initiate and approve all necessary documents and ordinances, including without limitation the PID
Documents, required to effectuate this Agreement, to create the PID, and to levy the Assessments.
The City will prepare and approve a Preliminary Service and Assessment Plan providing for the
levy of the Assessments on the Property. Promptly following preparation and approval of a
preliminary SAP acceptable to the Parties and subject to the City Council making findings that the
Authorized Improvements confer a special benefit on the Property, the City Council shall consider
an Assessment Ordinance. Developer shall develop the Property consistent with the terms of this
Agreement. Nothing contained in this Agreement, however, shall be construed as creating a
contractual obligation that controls, waives, or supplants the City Council's legislative discretion
or functions.
3.2 Acceptance of Assessments and Recordation of Covenants Running with the Land.
Following the levy of the Assessment applicable to a particular phase of the Project, Developer
shall: (a) approve and accept in writing the levy of the Assessment(s) on all land owned by
Developer; (b) approve and accept in writing the Home Buyer Disclosure Program related to such
phase; and (c) cause covenants running with the land to be recorded against the portion of the
Property within the applicable phase that will bind any and all current and successor developers
and owners of all or any part of such phase of the Project to: (i) pay the Assessments, with
applicable interest and penalties thereon, as and when due and payable hereunder and that the
purchasers of such land take their title subject to and expressly assume the terms and provisions
of such assessments and the liens created thereby; and (ii) comply with the Home Buyer Disclosure
Program. The covenants required to be recorded under this paragraph shall be recorded
substantially contemporaneously with the recordation of the plat of the applicable phase, except
for the Final SAP which will be recorded by the City upon its approval in accordance with the PID
Act.
3.3 City PID Fee. Developer shall pay to the City, by no later than the closing of the
applicable series of PID Bonds issued under this Agreement, the amount of the City PID Fee based
upon the number of residential lots in the applicable phase of development for which the PID
Bonds are being issued. The City PID Fee shall be $3,400 per lot, and the aggregate amount of
the City PID Fee shall not exceed $2,594,200 (763 single-family residential lots multiplied by
$3,400) and shall not be refundable for any reason. Notwithstanding the foregoing, the aggregate
City PID Fee shall be reduced, on a per lot basis, in accordance with Section 5.4(d) hereof for costs
related to the Off -Site Hackberry Drive Improvements (as defined herein). The City PID Fee, if
any, shall be calculated and be payable after the completion of the Off -Site Hackberry Drive
Improvements and calculation of the per lot credit described in Section 5.4(d) hereof. The City
11�Ow VISTA DEVELOPMENT AGREEMENT PAGE 8
PID Fee constitutes consideration paid to the City for the creation of the PID and the levy of the
respective Assessments and shall not be reimbursable from Assessments or PID Bond Proceeds.
The City PID Fee shall not be increased, for any reason, including without limitation a change in
the number of lots ultimately developed within the Project.
SECTION 4
AUTHORIZED IMPROVEMENTS
4.1 Authorized Improvements. Prior to the issuance of PID Bonds, the Budgeted Costs,
Authorized Improvements, and Authorized Improvements Cost are subject to change as may be
agreed upon by Developer and the City and, if changed, shall be updated by Developer and the
City consistent with the Service and Assessment Plan and the PID Act. All approved final plats
within the Property shall include those Authorized Improvements located therein and the
respective Authorized Improvements Costs shall be finalized before the applicable final plat is
approved by the City Council. Without limiting the foregoing, and on a phase -by -phase basis, as
applicable, Budgeted Costs, Authorized Improvements Costs, the timetable for installation of the
Authorized Improvements, and all other pertinent information and data will be reviewed at least
annually by the Parties in an annual update of the Service and Assessment Plan adopted and
approved by the City consistent with the requirements of Section 372.013(b) of the PID Act.
4.2 Construction, Ownership, and Transfer of Authorized Improvements.
(a) Contract Award. Developer's engineers shall prepare, or cause the
preparation of, and provide all contract specifications and necessary related documents. Certain
portions of the Budgeted Cost(s) shall be paid from the proceeds of PID Bonds in accordance with
the applicable Indenture.
(b) Construction Standards and Inspection. The Authorized Improvements and
all other Public Infrastructure required for the development of the Property shall be constructed
and inspected —and all fees applicable to the Project shall be paid by Developer —in accordance
with applicable state law, City Regulations, the applicable Bond Ordinance and other development
requirements, including those imposed by any other governing body or entity with jurisdiction
over the Authorized Improvements.
(c) Contract Letting. This Agreement and construction of the Authorized
Improvements are anticipated to be exempt from competitive bidding pursuant to Texas Local
Government Code Section 252.022(a)(9) based upon current cost estimates. However, in the event
that the actual costs for the Authorized Improvements do not meet the parameters for exemption
from the competitive bid requirement, then either competitive bid or alternative delivery methods
may be utilized by the City as allowed by law. The Parties acknowledge that the construction
contracts for the construction of Authorized Improvements have not been awarded as of the
Effective Date and contract prices have not yet been determined. Before entering into any
construction contract for the construction of all or any part of the Authorized Improvements, the
Parties agree as follows:
(1) Developer's engineers shall prepare, or cause the preparation of, and
submit to the City all contract specifications and necessary related documents, including but not
AM-4DOW VISTA DEVELOPMENT AGREEMENT PAGE 9
limited to the proposed construction contract showing the negotiated total contract price and scope
of work.
(2) Developer shall submit all such documents along with a written
notice of intention to let a construction contract at least 20 days in advance of the date that
Developer intends to execute such contract.
(3) Within 15 days after receipt of the written notice and associated
documents, the City Manager may: (i) approve the amount of the contract price and provide written
notice to Developer that Developer may execute the construction contract and provide a copy to
the PID Administrator, which approval shall not be unreasonably withheld; or (ii) require that the
contract be procured through competitive bidding or competitive sealed proposals ("Competitive
Procurement') solely to the extent that the Authorized Improvements for which such construction
contract is to be let do not meet the parameters for exemption from the competitive bidding
pursuant to Texas Local Government Code Section 252.022. If the City fails to notify Developer
within such 15-day period, the City shall be deemed to have approved the contract price and
authorized Developer to execute the construction contract; provided, however, no such contract
shall be deemed to be approved and Developer shall not be deemed to be authorized to execute
such contract unless Developer submits the written notice and associated documents with a written
statement prominently displayed on the first page of the notice in bold -face, underline, capitalized
text in at least 12-point size font reading as follows: "WARNING: IF THE CITY FAILS TO
RESPOND TO THIS NOTICE WITHIN FIFTEEN (15) DAYS IN ACCORDANCE WITH
SECTION 4.2(c)(3) OF THE MEADOW VISTA DEVELOPMENT AGREEMENT, THE
SUBMITTED PROPOSED CONTRACT(S) SHALL BE DEEMED TO BE APPROVED BY
THE CITY AND DEVELOPER SHALL BE DEEMED TO BE AUTHORIZED TO
EXECUTE THE PROPOSED CONTRACT(S). "
(4) In order to require Competitive Procurement, the City must provide
Developer with written notice of said requirement within 15 days of delivery to the City of the
written notice required under Section 4.2(c)(2) above.
(5) If the City Manager requires Competitive Procurement, then
Developer must: (i) advertise for and award the contract in the same manner set forth for
competitive sealed bids or competitive sealed proposals Local Government Code Chapter 252 as
if the City were pursuing a public improvement contract subject to said Chapter 252 as approved
by the City Manager; and (ii) supply the City with true and complete copies of all notices of
bid/proposal requests and all bids/proposals subsequently received.
(d) Ownership. All of the Authorized Improvements shall be owned by the City
upon acceptance of them by the City. Developer agrees to take any action reasonably required by
the City to transfer or otherwise dedicate or ensure the dedication of easements or property for the
Authorized Improvements to the City and the public.
(e) Operation and Maintenance. Upon inspection, approval, and acceptance of
the Authorized Improvements, the City shall maintain and operate the accepted Authorized
Improvements.
MEADOW VISTA DEVELOPA'I N7 AGREEM N7 PAGE 10
(f) Applicability. Subsections (a)-(c), above, shall not apply to Public
Infrastructure that the City is obligated to fund and construct under this Agreement, if any.
SECTION 5
ADDITIONAL OBLIGATIONS
5.1 Wastewater/Sanitary Sewer Facilities.
(a) Developer's General Obligations. Developer is responsible for the design,
installation, and construction of all wastewater/sanitary sewer improvements necessary to serve
the Property, as generally depicted in Exhibit G. The design of all wastewater/sanitary sewer
improvements shall be approved by the City in advance of the construction of same. Subject to the
City's obligations under Section 12.10, Developer shall be responsible for the acquisition of any
easements and other property acquisitions necessary for wastewater/sewer facilities (the size and
extent of each such easement or other property interest to be approved by the City) for all
development. The locations of said easements or other property interests shall be approved by the
City's Director of Public Works or his/her designee as part of the platting process. The reasonable
costs of obtaining such easements may be included in the applicable Authorized Improvements
Costs to be reimbursed to Developer through the PID.
(b) Timing of Developer's Obligations. Except as otherwise provided herein,
Developer shall complete in a good and workmanlike manner all wastewater/sanitary sewer
improvements necessary to serve each phase of the Project prior to the recordation of the final plat
covering such phase.
(c) Oversizing of Wastewater/Sanitary Sewer Improvements.
Wastewater/sanitary sewer improvements shall be an Authorized Improvement to the extent they
confer a special benefit on the Property; provided that, to the extent the City requires Developer to
oversize the wastewater/sanitary sewer improvements beyond what is necessary to serve the
Property, such portion of the wastewater/sanitary sewer improvements shall constitute Oversized
Public Infrastructure, and the City shall pay the cost of such oversizing as provided in Section 5.6
hereof.
5.2 Water Facilities.
(a) Developer's General Obligations. Developer is responsible for design,
installation, and construction of all water improvements necessary to serve the Property, as
generally depicted in Exhibit H. The design of water improvements shall be approved by the City
in advance of the construction of same. Subject to the City's obligations under Section 12.109
Developer shall be responsible for the acquisition of any easements and other property acquisitions
necessary for water facilities (the size and extent of each such easement or other property interest
to be approved by the City) for all development upon and within the Property. The locations of
said easements or other property interests shall be approved by the City's Director of Public Works
or his/her designee as part of the platting process. The reasonable costs of obtaining such easements
may be included in the applicable Authorized Improvements Costs to be reimbursed to Developer
through the PID.
AIIEADOW VISTA DEVELOPMEN7 AGREE -TENT PAGE 11
(b) Timing of Developer's Obligations. Except as otherwise provided herein,
Developer shall complete in a good and workmanlike manner all water improvements necessary
to serve each phase of the Project prior to the recordation of the final plat covering such phase.
(c) Off -Site Water Line. Developer shall construct an off -site water as depicted
on Exhibit J (the "Off -Site Water Line"), and such Off -Site Water Line shall be an Authorized
Improvement to the extent it confers a special benefit on the Property; provided that, to the extent
the City requires Developer to oversize the Off -Site Water Line beyond what is necessary to serve
the Property, such portion of the Off -Site Water Line shall constitute Oversized Public
Infrastructure, and the City shall pay the cost of such oversizing as provided in Section 5.6 hereof.
Developer shall, subject to the City's obligations in Section 12.10 hereof, obtain easements
necessary for the construction of the Off -Site Sewer Line.
5.3 Water and Wastewater Services.
(a) The City represents and confirms that it currently has and reasonably
expects to continue to have the capacity to provide to the Property continuous and adequate retail
wastewater service at times and in capacities sufficient to meet the service demands of the Project
as it is developed. To the extent that the City elects to be the retail water provider to the Project or
any portion thereof, it shall take all actions necessary to have the capacity to provide continuous
and adequate retail water service at times and in capacities sufficient to meet the service demands
of the Project as it is developed.
(b) Upon acceptance by the City of the water and wastewater facilities
described herein, the City shall operate or cause to be operated said water and wastewater facilities
serving the Project and use them to provide service to all customers within the Project at the same
rates as similar projects located within the City. Upon acceptance by the City, the City shall at all
times maintain said water and wastewater facilities, or cause the same to be maintained, in good
condition and working order in compliance with all applicable laws and ordinances and all
applicable regulations, rules, policies, standards, and orders of any governmental entity with
jurisdiction over same.
5.4 Roadway Facilities and Drainage Improvements.
(a) Developer's General Obligations. Developer is responsible for the design,
installation, and construction of all roadway facilities, including appurtenant drainage therefor,
required to serve the Property, as generally depicted in Exhibit I. The design of all roadway
improvements shall be approved by the City in advance of the construction of same.
(b) Timing of General Obligations. Prior to the recordation of any final plat for
any phase of the Project, Developer shall complete, in a good and workmanlike manner,
construction of all roadway facilities and related improvements necessary to serve such phase in
accordance with construction plans approved by the City. Thereafter, the roads shall be conveyed
to the City for ownership and maintenance.
(c) Drainage/Detention Infrastructure. Developer shall have full responsibility
for designing, installing, and constructing the drainage/detention infrastructure that will serve the
Property and the cost thereof and said infrastructure shall be designed and constructed in
MEADOW VISTA DEVELOPMENT AGRFXAMN7 PAGE 12
accordance with applicable City Regulations. Prior to the recordation of the final plat for any phase
of development, Developer shall complete in a good and workmanlike manner construction of the
drainage/detention improvements necessary to serve such phase. Upon inspection, approval, and
acceptance, City shall maintain and operate the drainage and roadway improvements for the
Property. The HOA will own, maintain and operate all detention facilities except to the extent
expressly set forth to the contrary in this Agreement.
(d) Off -Site Roadway Facilities and Drainage Improvements; PID Fee and
Impact Fee Credits. Developer shall construct: (i) as part of the roadway facilities (including storm
drainage improvements), the four -lane portion of Hackberry Drive immediately adjacent to the
Property necessary to connect the Property to Buddy Hayes Boulevard as shown on Exhibit J
("Off -Site Hackberry Drive Improvements"), and (ii) as part of the drainage improvements, the
culvert improvements immediately adjacent to the Property to connect Hackberry Drive to the
Property (the "Off -Site Culvert Improvements"), as shown on Exhibit J. Such Off -Site Hackberry
Drive Improvements and Off -Site Culvert Improvements shall each be an Authorized
Improvement to the extent they confer a special benefit on the Property.
To the extent that the costs of the Off -Site Hackberry Drive Improvements are not included
in the costs of the Authorized Improvements (the "Non-PID Eligible HackbM Drive
Improvements Costs"), such Non-PID Eligible Hackberry Drive Improvements Costs shall be
funded as follows:
(i) first, through a credit to the City PID Fee, which credit shall operate to reduce
the number of lots for which a City PID Fee is due based on the following calculation
[(Non-PID Eligible Hackberry Drive Improvements Costs)/$3,400 = reduction in number
of lots for which a City PID Fee is due]. For example, if the Non-PID Eligible Hackberry
Drive Improvements Costs are $2,000,000:
$2,000,000 (Non-PID Eligible Hackberry Drive Improvements Costs)
$3,400
588.23 reduction in number of lots for which the City PID Fee is due
In this example, the final number of lots for which the City PID Fee would be
payable is 175.
As so reduced pursuant to this Section 5.4(d)(i), the number of lots for which the City PID
Fee is payable shall constitute the aggregate City PID Fee payable pursuant to Section 3.3
hereof; and
(ii) second, to the extent that the Non-PID Eligible Hackberry Drive Improvements
Costs are not funded through a reduction in the City PID Fee as described in the foregoing,
the remaining portion of the Non-PID Eligible Hackberry Drive Improvements Costs shall
be funded through Impact Fee Credits as provided in Section 5.11 hereof.
Developer shall, subject to the City's obligations in Section 12.10 hereof, obtain easements
necessary for the construction of the Off -Site Hackberry Drive Improvements and Off -Site Culvert
Improvements.
A ADOw VISTA DEVELOPMENT AGRFXAMNT PAGE 13
5.5 Screening. Landscaping, and En ways. On or before one hundred fifty (150)
days after final City acceptance of the Public Infrastructure for each phase of development,
Developer shall complete construction, in a good and workmanlike manner, of the landscaping,
screening and entryways for such phase in accordance with City Regulations. Said improvements
shall thereafter be maintained in good appearance and repair by the HOA.
5.6 Infrastructure Oversizing. Developer shall not be required to construct or fund
any Public Infrastructure so that it is oversized to provide a benefit to land outside the Property
("Oversized Public Infrastructure") unless, by the commencement of construction, the City has
made arrangements to finance the City's portion of the costs of construction attributable to the
oversizing required by the City from sources other than PID Bond Proceeds or Assessments. In
the event Developer constructs or causes the construction of any Oversized Public Infrastructure
on behalf of the City, the City shall be solely responsible for all costs attributable to the oversizing
of the Oversized Public Infrastructure and the PID shall not be utilized for financing the costs of
Oversized Public Infrastructure that is attributable to the oversizing of the Oversized Public
Infrastructure. To the extent that any Oversized Public Infrastructure constitutes a Roadway
Capital Improvement or Water Capital Improvement entitling Developer to Impact Fee Credits
under Section 5.11, the portion of the costs of such Oversized Public Infrastructure constituting a
Roadway Capital Improvement or Water Capital Improvement shall be funded by Impact Fee
Credits pursuant to Section 5.11.
5.7 Mandatory Homeowners Association. As relates to the Property, Developer will
create, in a manner acceptable to the City, a mandatory homeowner association ("HOA"), which
HOA, whether one or more, shall be required to levy and collect from home owners within the
Property annual fees in an amount calculated to maintain the open spaces, common areas, the
Community Amenities as described and defined in this Agreement, hike and bike trails located in
common areas, portions of which will be open to the public, right-of-way irrigation systems, raised
medians and other right-of-way landscaping, and screening walls within the Property. Common
areas including but not limited to the Community Amenities, screening, landscaping, entrances to
the Property and right-of-way landscaping shall be maintained solely by the HOA. Maintenance
of public rights -of -way landscaping and screening by the HOA shall comply with City Regulations
and the HOA shall be subject to enforcement by the City.
5.8 Concept Plan.
(a) The Concept Plan illustrates the approved development layout for the
Property but has not been engineered and does not represent the final design that will be approved
through the final platting process. As a result, Developer may revise the Concept Plan as part of
an administrative approval of the Concept Plan provided the number of residential lots shown on
the Concept Plan does not exceed the maximum number of lots set forth in the PD, the numbers
of residential lots in each category shown on the Concept Plan does not increase by greater than
five percent (5%), and the amount of open space shown on the Concept Plan does not decrease by
greater than five percent (5%). If the City Manager does not administratively approve such
revisions to the Concept Plan within 15 days after receipt of a written request for approval, City
Council approval of such revisions shall be required. Nothing in this paragraph shall preclude
Developer from applying directly to the City Council for approval of any Concept Plan revisions,
including revisions greater than the percentages listed herein.
MEADOW VISTA DEVELOPMENT AGREEIMIENT PAGE 14
(b) Except as otherwise provided in subsection (a) of this section, all other
revisions to the Concept Plan require the approval of the City Council, including without limitation
any approval of the Concept Plan that is part of approval of zoning or platting processes, and such
approval shall be considered an amendment to Exhibit C attached hereto.
(c) If Developer submits a Concept Plan as provided by this section and the
City Manager or his/her designee determines that the Concept Plan should be administratively
approved, the City Manager or his or her designee shall cause the revised Concept Plan to be
attached to the official version of this Agreement on file with the City's Secretary's office, and
Developer shall record a memorandum of the revised Concept Plan in the Land Recordings of the
Collin County Clerk's office.
5.9 Community Amenities. Developer will (or will cause) the design, construction,
maintenance, and operation of certain amenities in the Project. Developer shall construct seven (7)
of the following twelve (12) amenities: (i) approximately 4,000 square foot swimming pool; (ii)
mechanical aquatic play feature; (iii) pool house with restrooms; (iv) playground (2-5 years of
age); (v) playground (5-8 years of age); (vi) sand volleyball court; (vii) basketball court; (viii)
approximately 1,000 square foot putting green; (ix) outdoor workout equipment along hike and
bike trails; (x) 20 ft radius pavilion; (xi) dog park; and (xii) Park benches, trash cans, and pet
stations along the trail and in the dog park (collectively, the "Community Amenities"). Developer
shall complete the swimming pool, aquatic play feature, pool house with restrooms, and the hike
and bike trails for the first phase of development of the Property concurrently with construction of
homes in the first phase of development. General depictions of a portion of the Community
Amenities are included on Exhibit L. To the extent that any Community Amenities may be
included as Authorized Improvements pursuant to the PID Act, the City may, at the City's sole
discretion, accept dedication of such Community Amenities, and such Community Amenities may
be maintained by the City or the HOA, as follows: to the extent any Community Amenities are not
owned or dedicated to the City and maintained by the City, such Community Amenities shall be
owned and maintained by the HOA.
5.10 Parkland Dedication Credit. Developer shall construct certain pedestrian paths
within the Project (the "Community Trails") as generally depicted on the Trail and Open Space
Map attached hereto as Exhibit K, which Community Trails are intended to be in compliance with
the 2050 Comprehensive Plan (and must be a minimum of 10' in width). At the City's sole
discretion, Developer shall: (a) dedicate the Community Trails to the City in fee simple and the
City shall maintain the Community Trails as part of the City's park system; or (2) grant a public
access easement over the Community Trails allowing access by the general public sufficient to
allow such Community Trails to constitute Authorized Improvements, and the HOA shall maintain
the Community Trails. The Community Trails, if dedicated to the City in fee simple, shall be used
to offset a portion of applicable parkland dedication or improvement requirements or fees required
in lieu thereof, of any kind, including requirements for the payment of Park Fees.
5.11 Impact Fee Credits.
(a) Roadway Capital Improvements. The City acknowledges that Hackberry
Drive, which Developer is required to construct from Ferguson Parkway to Buddy Hayes
Boulevard, including Off -Site Hackberry Drive Improvements and the Off -Site Culvert
DMADOW VISTA DEVELOPMMN7 AGREEMENT PAGE 15
Improvements, is reflected on the City's Capital Improvements Plan and constitutes "Roadway
Capital Improvements". The City agrees that, subject to Section 5.4(d), Developer shall be entitled
to Impact Fee Credits up to the full amount of the cost of said Roadway Capital Improvements
(the "Roadwaypact Fee Credits"). The Roadway Impact Fee Credits may only be used to offset
Roadway Impact Fees otherwise due as relates to any phase of the Property without any obligation
to apply the credits pro rata or otherwise to spread the credits throughout the Project. The primary
source of funding due to Developer from the City as relates to the costs of the Roadway Capital
Improvements (the "Roadway Capital Improvements Costs") shall be in the form of Roadway
Impact Fee Credits derived from the Project even if the cumulative value of said credits is less than
the Roadway Capital Improvements Costs. Notwithstanding the foregoing, to the extent that a
portion of the Roadway Capital Improvements are allocable to the Property, such portion of the
Roadway Capital Improvements may constitute an Authorized Improvement and may be funded
through the PID.
(b) Water Capital Improvements. The City acknowledges that the Off -Site
Water Improvements, which Developer is to construct are or shall be reflected on the City's Capital
Improvements Plan and constitute "Water Capital Improvements" to the extent that such Off -Site
Water Improvements constitute Oversized Public Infrastructure. The City agrees, that Developer
shall be entitled to Impact Fee Credits up to the full amount of the cost of said Water Capital
Improvements (the "Water Impact Fee Credits"). The Water Impact Fee Credits may only be used
to offset Water Impact Fees otherwise due as relates to any phase of the Property without any
obligation to apply the credits pro rata or otherwise to spread the credits throughout the Project.
The primary source of funding due to Developer from the City as relates to the costs of the Water
Capital Improvements (the "Water Capital Improvements Costs") shall be in the form of Water
Impact Fee Credits derived from the Project even if the cumulative value of said credits is less than
the Water Capital Improvements Costs. Notwithstanding the foregoing, to the extent that a portion
of the Water Capital Improvements are allocable to the Property, such portion of the Water Capital
Improvements may constitute an Authorized Improvement and may be funded through the PID.
5.12 Withholding of Building Permits, Etc. The City shall not be required to issue any
building permits or certificates of occupancy or provide utilities for any structure on the Property
until after final acceptance of any Authorized Improvements necessary to serve such Property. To
assist in the determination as to whether building permits for any phase of development should be
issued, Developer shall include all Authorized Improvements and other Public Infrastructure
necessary to serve such phase in the construction plans required to be submitted under applicable
City Regulations.
5.13 Governing Regulations. Development of the Property shall be governed by the
following regulations (collectively, the "Governing Regulations," all of which are incorporated
into this Agreement as if set forth in full):
(a) City Code, Article 9.02, the subdivision regulations of the City, in effect on
the Effective Date (the "Subdivision Regulations");
(b) the PD set forth on Exhibit D;
A'IEADOW VISTA DEVELOPAMN7 AGREEMM7 PAGE 16
Ordinance");
(c) City Code, Article 9.05, in effect on the Effective Date (the "S_igg
(d) the Concept Plan set forth on Exhibit C;
(e) the uniform building codes, as amended from time to time, including any
local amendments thereto adopted by the City (the "BuildingCodes"). odes"). The term `Building Codes,"
as applied to a particular building shall mean the Building Codes in effect on the date the first
application is filed for a building permit for the building in question. As it relates solely to Property
Public Infrastructure for any given phase of the Project —notwithstanding any provision of this
Agreement —the applicable construction standards (including, without limitation, the 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 such phase containing the Property Public Infrastructure in question; and
(f) except as set forth in this Agreement to the contrary, any other applicable
provisions of Chapter 4 (Building Regulations), Chapter 6 (Fire Prevention and Protection),
Chapter 9 (Planning and Development Regulations), Chapter 12 (Utilities) and Appendix A (Fee
Schedule) of the City Code.
The Governing Regulations are the controlling regulations for development of the
Property, and no other City Regulations, rules, standards, policies, orders, guidelines, or other
City -adopted or City -enforced requirements of any kind (including but not limited to any
moratorium adopted by the City) apply to the use or development of the Property to the extent
such regulations or requirements are in conflict with the Governing Regulations or this Agreement.
The Governing Regulations are considered part of this Agreement and are incorporated herein by
reference for all purposes.
5.14 Compliance with Materials and Methods Regulations. It is expressly understood
that the City Regulations (as amended by the Governing Regulations and this Agreement) are
enforceable as relates to the Property and its use and development, including but not limited to any
such City Regulations that would otherwise be unenforceable under Chapter 3000 of the Texas
Government Code ("Materials and Methods Regulations") and the Material and Methods
Regulations are incorporated herein as if set forth in frill; provided, however, to the extent of any
conflict between the requirements of the Materials and Methods Regulations and the requirements
of this Agreement, this Agreement shall control.
5.15 Conflicts. In the event of any conflict between the PD and the Subdivision
Regulations, Sign Ordinance, or Building Codes, the PD shall control. In the event of a conflict
between the Governing Regulations and the City Regulations, the Governing Regulations shall
control. In the event of any conflict between this Agreement and any other ordinance, rule,
regulation, standard, policy., order, guideline or other City -adopted or City -enforced requirement,
whether existing on the Effective Date or hereinafter adopted, unless otherwise agreed by the
Parties, this Agreement shall control. In the event of any conflict between the Concept Plan and
PD in Exhibit D, the PD in Exhibit D shall control.
A'IEADO`V VISTA DEVELOPNMN7 AGREEMENT PAGE 17
5.16 Access to Books and Records. The City shall, upon reasonable prior written notice
to the Developer and during normal business hours have the right to audit and inspect the
Developer's records, books, and all other relevant records related to this Agreement.
SECTION 6
PID BONDS
6.1 PID Bond Issuance. Subject to the satisfaction of conditions set forth in this article,
the City may issue PID Bonds solely for the purposes of acquiring or constructing Authorized
Improvements. Developer may request issuance of PID Bonds by filing with the City a list of the
Authorized Improvements to be funded with the PID Bonds and the estimated costs of such
Authorized Improvements. Developer acknowledges that the City may require at that time a
professional services agreement that obligates Developer to fund the costs of the City's
professionals relating to the preparation for and issuance of PID Bonds, which amount shall be
agreed to by the Parties and considered a cost payable from such PID Bonds. The issuance of PID
Bonds is subject to all of the following conditions.
(1) The City has evaluated and determined that there will be no negative impact
on the City's creditworthiness, bond rating, access to or cost of capital, or potential for liability.
(2) The City has determined that the PID Bonds assessment level, structure,
terms, conditions and timing of the issuance of the PID Bonds are reasonable for the Authorized
Improvements Costs to be financed and that there is sufficient security for the PID Bonds to be
creditworthy.
(3) All costs incurred by the City that are associated with the administration of
the PID shall be paid out of special assessment revenue levied against property within the PID.
City administration costs shall include without limitation those associated with continuing
disclosure, compliance with federal tax law, agent fees, staff time, regulatory reporting and legal
and financial reporting requirements.
(4) The adoption of a Service and Assessment Plan and an assessment
ordinance levying assessments on all or any portion of the Property benefitted by such Authorized
Improvements in amounts sufficient to pay all costs related to such PID Bonds.
(5) The City has formed and utilized its own financing team including, but not
limited to, bond counsel, financial advisor, PID Administrator, and underwriters related to the
issuance of PID Bonds and bond financing proceedings.
(6) The City has chosen its own continuing disclosure consultant. Any and all
costs incurred by these activities will be included in City administration costs recouped from
Assessments. The continuing disclosure will be divided into City disclosure and Developer
disclosure, and the City will not be responsible or liable for Developer disclosure but the City's
disclosure professional will be used for both disclosures.
AfADOW VISTA DEVELOPMENT AGREEMENT PAGE 18
(7) Each series of PID Bonds shall be in an amount estimated to be sufficient
to fund the Authorized Improvements or portions thereof for which such PID Bonds are being
issued.
(8) Delivery by Developer to the City of a certification or other evidence from
an independent appraiser acceptable to the City confirming that the special benefits conferred on
the properties being assessed for the Authorized Improvements increase the value of the property
to an amount at least equal to two times the amount assessed against such property.
(9) Approval by the Texas Attorney General of the PID Bonds and registration
of the PID Bonds by the Comptroller of Public Accounts of the State of Texas.
(10) Developer is current on all taxes, assessments, fees and obligations to the
City including without limitation payment of Assessments.
01) Developer is not in default under this Agreement or, with respect to the
Property, any other agreement to which Developer and the City are parties.
(12) No outstanding PID Bonds are in default and no reserve funds established
for outstanding PID Bonds have been drawn upon that have not been replenished.
(13) The Administrator has certified that the specified portions of the costs of
the Authorized Improvements to be paid from the proceeds of the PID Bonds are eligible to be
paid with the proceeds of such PID Bonds.
(14) The Authorized Improvements to be financed by the PID Bonds have been
or will be constructed according to the applicable Governing Regulations.
(15) The City has determined that the amount of proposed PID assessments and
the structure, terms, conditions and timing of the issuance of the PID Bonds are reasonable for the
project costs to be financed and the degree of development activity within the PID, and that there
is sufficient security for the PID Bonds to be creditworthy.
(16) The maximum maturity for PID Bonds shall not exceed 30 years from the
date of delivery thereof.
(17) The final maturity for any PID Bonds shall be not later than 45 years from
the date of this Agreement.
(18) The City has determined that the PID Bonds meet all regulatory and legal
requirements applicable to the issuance of the PID Bonds.
(19) Unless otherwise agreed to by the City, the PID Bonds shall be sold and
may be transferred or assigned only (i) in compliance with applicable securities laws and (ii) in
minimum denominations of $25,000 or integral multiples of $1,000 in excess thereof; provided,
however, that the limitation on transferability or assignment in this subparagraph (ii) shall not
apply if the PID Bonds have a rating of not less that BBB -from Fitch Ratings or Standard & Poor's
Ratings Services or Baa3 from Moody's Investors Service, Inc.
MEADOW VISTA DEVELOPMENT AGREEMENT PAGE 19
(20) If the applicable portion of Authorized Improvements has not already been
constructed and to the extent PID Bond Proceeds are insufficient to fund such Authorized
Improvements Costs, Developer shall, at time of closing the PID Bonds, fund or provide evidence
of funding sources (including, but not limited to a letter of credit or evidence of available funds
through a loan to Developer) sufficient to fund the difference between the Authorized
Improvements Costs and the PID Bond Proceeds available to fund such Authorized Improvements
Costs related to the applicable Authorized Improvement (without limiting any other provision, in
the event Developer does not or cannot provide such funding or evidence of funding sources, the
City shall not be required to sell such PID Bonds, and Developer shall reimburse the City for all
expenses and liabilities incurred by the City in connection with the proposed issuance of the PID
Bonds).
(21) No information regarding the City, including without limitation financial
information, shall be included in any offering document relating to PID Bonds without the consent
of the City.
(22) Developer agrees to provide periodic information and notices of material
events regarding Developer and Developer's development within the Project in accordance with
Securities and Exchange Commission Rule 15c2-12 and any continuing disclosure agreements
executed by Developer in connection with the issuance of PID Bonds.
(23) Developer is not in default under a Developer Continuing Disclosure
Agreement.
(24) The issuance of any Refunding Bonds, the amount of assessment necessary
to pay the Refunding Bonds shall not exceed the amount of the assessments that were levied to
pay the PID Bonds that are being refunded.
(25) The maximum tax equivalent assessment rate for the assessment levy shall
not exceed $0.69 per $100.00 taxable assessed valuation, without prior, written consent of the City,
in its sole discretion.
(26) Developer has completed and the City has accepted the Authorized
Improvements for any previous phase of development; and
(27) Unless otherwise agreed to by the City, the value to lien ratio shall not be
less than 2:1. The appraised value of the portion of the Property in the applicable phase to the par
amount of PID Bonds issued with respect to such phase shall be confirmed by an Independent
Appraisal.
(28) Developer and the City shall have entered into a PID reimbursement
agreement that provides for Developer's construction of certain Authorized Improvements and the
City's reimbursement to Developer of certain Authorized Improvements Costs.
(29) The City's Public Works Director determines that the Authorized
Improvements Cost shown on Exhibit F, as updated and amended, are reasonable.
MEADOW VISTA DEVELOPNIET'T AGREEMENT PAGE 20
(30) Unless otherwise agreed to by the City, the proposed structure of the PID
Bond issuance does not materially conflict with the PID Financial Summary; provided that (i)
changes to lot mix in connection with an approved Concept Plan, (ii) changes reflecting market
prices of lots or homes at the time such PID Bonds are issued and (iii) changes reflecting market
interest rates at the time of PID Bond issuance shall not be deemed material conflicts.
6.2 Disclosure Information. Prior to the issuance of PID Bonds by the City, Developer
agrees to provide all relevant information, including financial information, that is reasonably
necessary in order to provide potential bond investors with a true and accurate offering document
for any PID Bonds. Developer agrees, represents, and warrants that any information provided by
Developer for inclusion in a disclosure document for an issue of PID Bonds will not, to
Developer's actual knowledge, contain any untrue statement of a material fact or omit any
statement of material fact required to be stated therein or necessary to make the statements made
therein, in light of the circumstances under which they were made, not misleading, and Developer
further agrees that it will provide a certification to such effect as of the date of the closing of any
PID Bonds.
6.3 Developer Cash Contribution. If at closing on any series of PID Bonds intended to
fund construction of Authorized Improvements that have not already been constructed by
Developer for the phase of development where such Authorized Improvements are to be
constructed, and Developer has not otherwise provided evidence of available fluids pursuant to
Section 6.1(20) hereof, Developer shall deposit into the Developer Improvement Account the
Developer Cash Contribution.
6.4 Tax Certificate. If, in connection with the issuance of the PID Bonds, the City is
required to deliver a certificate as to tax exemption (a "Tax Certificate") to satisfy requirements of
the IRC, Developer agrees to provide, or cause to be provided, such facts and estimates as the City
reasonably considers necessary to enable it to execute and deliver its Tax Certificate. Developer
represents that such facts and estimates will be based on its reasonable expectations on the date of
issuance of the PID Bonds and will be, to the best of the knowledge of the officers of Developer
providing such facts and estimates, true, correct and complete as of such date. To the extent that it
exercises control or direction over the use or investment of the PID Bond Proceeds, including, but
not limited to, the use of the Authorized Improvements, Developer further agrees that it will not
knowingly make, or permit to be made, any use or investment of such funds that would cause any
of the covenants or agreements of the City contained in a Tax Certificate to be violated or that
would otherwise have an adverse effect on the tax-exempt status of the interest payable on the PID
Bonds for federal income tax purposes.
SECTION 7
PAYMENT AND REEMBURSEMENT OF AUTHORIZED IMPROVEMENTS
7.1 Improvement Account of the Project Fund and Developer Improvement Account.
The Improvement Accounts of the Project Fund and the Developer Improvement Account shall be
administered.and controlled by the City and funds in the Improvement Account of the Project Fund
and the Developer Improvement Account shall be deposited and disbursed in accordance with the
terms of the respective Indenture.
MEADOW VISTA DEVELOPRMN7 AGREEMENT PAGE 21
7.2 Cost Overrun. If the total Authorized Improvements Cost for any phase of
development exceeds the total amount of monies on deposit in the Improvement Account of the
Project Fund and the Developer Improvement Account (a "Cost Overrun"), Developer shall be
solely responsible for the Cost Overrun, except as provided in Section 7.3 below.
7.3 Cost Underrun. Upon the final acceptance by City of an Authorized Improvement
and payment of all outstanding invoices for such Authorized Improvement, if the Actual Cost of
such Authorized Improvement is less than the Budgeted Cost (a "Cost Underrun"), any remaining
Budgeted Cost, to the extent available in the monies on deposit in the Improvement Account of
the Project Fund and the Developer Improvement Account, will be available to pay Cost Overruns
on any other Authorized Improvement. Upon request by Developer, the City shall promptly
confirm that such remaining amounts are available to pay such Cost Overruns, and Developer and
the City will agree how to use such moneys to secure the payment and performance of the work
for other Authorized Improvements.
SECTION 8
GOVERNING REGULATIONS
8.1 . The Property is currently zoned by the PD attached hereto as Exhibft D.
Through this Agreement, Developer expressly consents and agrees to the PD zoning of the
Property. Any amendment to the PD zoning of the Property shall otherwise be in accordance with
all procedures set forth in the applicable City Regulations.
8.2 Phasing. The Property may be developed in phases and Developer must submit the
appropriate plat(s) for each phase, and, if permitted under applicable law, may submit a replat or
amending plat for all or any portions of the Property. Any plat, replat or amending plat shall be in
conformance with applicable Governing Regulations and be subject to City approval.
8.3 Vested Rights. This Agreement shall constitute a "permit" (as defined in
Chapter 245) that is deemed filed with the City on the Effective Date.
SECTION 9
EVENTS OF DEFAULT; REMEDIES
9.1 Events of Default. No Party shall be in default under this Agreement until notice of
the alleged failure of such Party to perform has been given in writing (which notice shall set forth
in reasonable detail the nature of the alleged failure) and until such Party has been given a
reasonable time to cure the alleged failure (such reasonable time to be determined based on the
nature of the alleged failure, but in no event more than thirty (30) days (or any longer time period
to the extent expressly stated in this Agreement as relates to a specific failure to perform) after
written notice of the alleged failure has been given. Notwithstanding the foregoing, no Party shall
be in default under this Agreement if, within the applicable cure period, the Party to whom the
notice was given begins performance and thereafter diligently and continuously pursues
performance until the alleged failure has been cured. Notwithstanding the foregoing, however, a
Party shall be in default of its obligation to make any payment required under this Agreement if
such payment is not made within thirty (30) days after it is due. A nondefaulting party may
terminate this Agreement by giving written notice of termination to the defaulting party only if the
AMADOw VISTA DEVELOPIVIEN7 AGREEMENT PAGE 22
defaulting party was previously given notice of such default in accordance with this Section 9.1
and failed to cure the default within the applicable time period(s). A notice of termination is
effective as of the date the notice is deemed received under Section 12.14.
9.2 Remedies. As compensation for the other party's default, an aggrieved Party is
limited to seeking specific performance of the other party's obligations under this Agreement or
terminating this Agreement to the extent permitted under Section 9.1 or Section 9.3.
9.3 Performance Window; Election to Terminate. In the event that, in connection with
the issuance of the initial series of PID Bonds, Developer does not satisfy all of its obligations
under its control pursuant to Section 6.1 applicable to the initial series of PID Bonds or does not
request that the City issue the initial series of PID Bonds on or before December 1, 2024, neither
Party shall thereafter be required to perform under this Agreement and this Agreement will
terminate. If this Agreement is terminated under this Section 9.3 or is otherwise terminated early
under Section 9.1, Developer must within 30 days of such termination file or caused to be filed
with the City an irrevocable petition by the owners of the Property to dissolve the PID and shall
thereafter promptly undertake any and all reasonable actions to facilitate the dissolution of the PID.
Notwithstanding any provision of this Agreement, Developer's obligations regarding the
dissolution of the PID in accordance with this Section 9.3 shall survive such termination.
SECTION 10
ASSIGNMENT; ENCUMBRANCE
10.1 Assignment. This Agreement shall be binding upon and inure to the benefit of the
successors and assigns of the Parties hereto. The obligations, requirements, or covenants to
develop the Property subject to this Agreement shall be freely assignable, in whole or in part, to
any affiliate or related entity of Developer, or any lienholder on the Property, without the prior
written consent of the City. Except as otherwise provided in this paragraph, the obligations,
requirements or covenants to the development of the Property shall not be assigned, in whole or in
part, by Developer to a non -affiliate or non -related entity of Developer without the prior written
consent of the City Manager, which consent shall not be unreasonably withheld or delayed if the
assignee demonstrates financial ability to perform. An assignee shall be considered a "Party" for
the purposes of this Agreement. Each assignment shall be in writing executed by Developer and
the assignee and shall obligate the assignee to be bound by this Agreement to the extent this
Agreement applies or relates to the obligations, rights, title, or interests being assigned. No
assignment by Developer shall release Developer from any liability that resulted from an act or
omission by Developer that occurred prior to the effective date of the assignment unless the City
approves the release in writing. Developer shall maintain written records of all assignments made
by Developer to assignees, including a copy of each executed assignment and, upon written request
from any Party or assignee, shall provide a copy of such records to the requesting person or entity,
and this obligation shall survive the assigning Party's sale, assignment, transfer, or other
conveyance of any interest in this Agreement or the Property. Notwithstanding the foregoing, no
assignment of this Agreement or any rights of or receivables due Developer under this Agreement
or any other agreement relating to the PID may be made by Developer to any party or entity for
the purpose of or relating to the issuance of bonds or other obligations.
AM"OW VISTA DEVELOPMENT AGMMM ENT PAGE 23
10.2 Assignees as Parties. An Assignee authorized in accordance with this Agreement
and for which notice of assignment has been provided in accordance herewith shall be considered
a "Party" for the purposes of this Agreement. With the exception of: (a) the City, (b) an End User,
(c) a purchaser of a Fully Developed and Improved Lot, any person or entity upon becoming an
owner of land within the PID or upon obtaining an ownership interest in any part of the Property
shall be deemed to be a "Developer" and have all of the rights and obligations of Developer as set
forth in this Agreement and all related documents to the extent of said ownership or ownership
interest.
10.3 Third Party Beneficiaries. Except as otherwise provided herein, this Agreement
inures to the benefit of, and may only be enforced by, the Parties. No other person or entity shall
have any right, title, or interest under this Agreement or otherwise be deemed to be a third -party
beneficiary of this Agreement.
10.4 Notice of Assignment. Subject to Section 10.1 of this Agreement, the following
requirements shall apply in the event that Developer sells, assigns, transfers, or otherwise conveys
the Property or any part thereof and/or any of its rights or benefits under this Agreement:
(i) Developer must provide written notice to the City to the extent required under Section 10.1; (ii)
said notice must describe the extent to which any rights or benefits under this Agreement will be
sold, assigned, transferred, or otherwise conveyed; (iii) said notice must state the name, mailing
address, telephone contact information, and, if known, email address, of the person(s) that will
acquire any rights or benefits as a result of any such sale, assignment, transfer or other conveyance;
and (iv) said notice must be signed by a duly authorized person representing Developer and a duly
authorized representative of the person that will acquire any rights or benefits as a result of the
sale, assignment, transfer or other conveyance. Notwithstanding anything to the contrary, notice
shall not be required in connection with a sale, conveyance, or transfer to any End User of a Fully
Developed and Improved Lot.
SECTION 11
RECORDATION AND ESTOPPEL CERTIFICATES
11.1 Binding Obligations. This Agreement and all amendments thereto and assignments
hereof shall be recorded in the Real Property Records. This Agreement binds and constitutes a
covenant running with the Property and, upon the Effective Date, is binding upon Developer and
the City, and forms a part of any other requirements for development within the Property. This
Agreement, when recorded, shall be binding upon the Parties and their successors and assigns as
permitted by this Agreement and upon the Property; however, this Agreement shall not be binding
upon, and shall not constitute any encumbrance to title as to, any End User of a Fully Developed
and Improved Lot except for land use and development regulations that apply to such lots.
11.2 Estoppel Certificates. From time to time, upon written request of a Developer under
this Agreement, and upon the payment to the City of a $100.00 fee plus all reasonable costs
incurred by the City in providing the certificate described in this section, the City Manager, or
his/her designee will, in his/her official capacity and to his/her reasonable knowledge and belief,
execute a written estoppel certificate identifying any obligations of a Developer under this
Agreement that are in default.
MEADOW VISTA DEVELOPMENT AGREEMENT PAGE 24
SECTION 12
GENERAL PROVISIONS
12.1 Term. Unless otherwise extended by mutual agreement of the Parties, the term of
this Agreement shall be thirty (30) years after the Effective Date (the "Original Term'). Upon
expiration of the Original Term, the City shall have no obligations under this Agreement with the
exception of maintaining and operating the PID in accordance with the SAP and the Indenture.
12.2 Public Infrastructure, Generally. Except as otherwise expressly provided for in this
Agreement, Developer shall provide all Public Infrastructure necessary to serve the Project,
including without limitation streets, utilities, drainage, sidewalks, trails, street lighting, street
signage, and all other required improvements, at no cost to the City except as provided herein, and
in accordance with City Regulations, and as approved by the City's Director of Public Works or
his/her designee. Developer shall cause the installation of such improvements within all applicable
time frames in accordance with the City Regulations unless otherwise approved herein. Developer
shall provide engineering studies, plan/profile sheets, and other construction documents at the time
of platting as required by City Regulations. Such plans shall be approved by the City's Director of
Public Works or his/her designee prior to approval of a final plat. Construction of any portion of
the Public Infrastructure shall not be initiated until a pre -construction conference that includes a
City representative has been held regarding the proposed construction and City has issued a written
notice to proceed.
12.3 Maintenance Bonds. Developer shall execute or cause to be executed a valid
maintenance bond in accordance with applicable City Regulations that guarantees the costs of any
repairs which may become necessary to any part of the construction work performed in connection
with the Public Improvements, arising from defective workmanship or materials used therein, for
a full period of two years from the date of final acceptance of the Public Improvements constructed
under any such contract(s).
12.4 Inspections, Acceptance of Public Infrastructure, and Developer's Remedy. The
City shall inspect, as required by City Regulations, the construction of all Authorized
Improvements and any Public Infrastructure necessary to support the proposed development within
the Property, including without limitation water, sanitary sewer, drainage, streets, park facilities,
electrical, and street lights and signs. The City's inspections shall not release Developer from its
responsibility to construct, or ensure the construction of adequate Authorized Improvements and
Public Infrastructure in accordance with approved engineering plans, construction plans, and other
approved plans related to development of the Property. Notwithstanding any provision of this
Agreement, it shall not be a breach or violation of the Agreement if the City withholds building
permits, certificates of occupancy, and/or City utility services as to any portion of the Property
until all required Public Infrastructure necessary to such portion is properly constructed according
to the approved engineering plans and City Regulations, and until such Public Infrastructure has
been dedicated to and accepted by the City. From and after the inspection and acceptance by the
City of the Public Infrastructure and any other dedications required under this Agreement, such
improvements and dedications shall be owned by the City. Developer's sole remedy for
MEADOW VISTA DEVELOPA N7 AGREEMENT PAGE 25
nonperformance of this Agreement by the City shall be to seek specific performance and cost
reimbursements pursuant to the terms of this Agreement.
12.5 Approval of Plats/Plans. Approval by the City, the City's engineer, or other City
employee or representative, of any plans, designs, or specifications submitted by Developer
pursuant to this Agreement or pursuant to applicable City Regulations shall not constitute or be
deemed to be a release of the responsibility and liability of Developer, its engineers, employees,
officers, or agents for the accuracy and competency of their design and specifications. Further, any
such approvals shall not be deemed to be an assumption of such responsibility and liability by the
City for any defect in the design and specifications prepared by Developer or Developer's
engineers, or their respective officers, agents, servants or employees, it being the intent of the
Parties that approval by the City's Director of Public Works or his/her designee signifies approval
on only the general design concept of the improvements to be constructed.
12.6 Agricultural Exemption. The City acknowledges that some or all of the Property
may now have or may in the future have an agricultural, timber, or wildlife management use tax
classification, and —provided that Developer satisfies all of its then applicable obligations under
Section 6.1—the City may not request removal of any such tax classification until PID Bonds
secured by the Property are issued to pay for the costs of the Authorized Improvements and related
costs, notwithstanding any waiver of such exemption for other political subdivisions or public
entities.
12.7 Insurance. Developer or its contractor(s) shall acquire and maintain, during the
period of time when any of the Public Infrastructure is under construction (and until the full and
final completion of the Public Infrastructure and acceptance thereof by the City): (a) workers
compensation insurance in the amount required by law; and (b) commercial general liability
insurance including personal injury liability, premises operations liability, and contractual liability,
covering, but not limited to, the liability assumed under any indemnification provisions of this
Agreement, with limits of liability for bodily injury, death and property damage of not less than
$1,000,000.00. Such insurance shall also cover any and all claims which might :arise out of the
Public Infrastructure construction contracts, whether by Developer, a contractor, subcontractor,
material man, or otherwise. Coverage must be on a "per occurrence" basis. All such insurance
shall: (i) be issued by a carrier which is rated "A-1" or better by A.M. Best's Key Rating Guide
and licensed to do business in the State of Texas; and (ii) name the City as an additional insured
and contain a waiver of subrogation endorsement in favor of the City. Upon the execution of Public
Infrastructure construction contracts, Developer shall provide to the City certificates of insurance
evidencing such insurance coverage together with the declaration of such policies, along with the
endorsement naming the City as an additional insured. Each such policy shall provide that, at least
30 days prior to the cancellation, non -renewal or modification of the same, the City shall receive
written notice of such cancellation, non -renewal or modification.
12.8 INDEMNIFICATION and HOLD HARMLESS. DEVELOPER, INCLUDING
ITS RESPECTIVE SUCCESSORS AND ASSIGNS, HEREBY COVENANT AND AGREE TO
RELEASE, DEFEND, HOLD HARMLESS, AND INDEMNIFY THE CITY AND ITS
OFFICIALS, OFFICERS, AGENTS, REPRESENTATIVES, SERVANTS AND EMPLOYEES
(COLLECTIVELY, THE "RELEASED PARTIES"), FROM AND AGAINST ALL THIRD -
PARTY CLAIMS, SUITS, JUDGMENTS, DAMAGES, AND DEMANDS AGAINST THE
ME"OWVISTA DEVELOPMENT AGREEN ENT PAGE 26
CITY OR ANY OF THE RELEASED PARTIES, WHETHER REAL OR ASSERTED
INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEY'S FEES, RELATED
EXPENSES, EXPERT WITNESS FEES, CONSULTANT FEES, AND OTHER COSTS,
ARISING OUT OF THE NEGLIGENCE OR OTHER WRONGFUL CONDUCT OF
DEVELOPER, INCLUDING THE NEGLIGENCE OF ITS RESPECTIVE EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN, AND/OR AGENTS, IN
CONNECTION WITH THE DESIGN OR CONSTRUCTION OF ANY PUBLIC
INFRASTRUCTURE, STRUCTURES, OR OTHER FACILITIES OR IMPROVEMENTS
THAT ARE REQUIRED OR PERMITTED UNDER THIS AGREEMENT (TOGETHER,
"CLAIMS"); 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. DEVELOPER SHALL NOT, HOWEVER, BE REQUIRED TO INDEMNIFY
THE CITY AGAINST CLAIMS CAUSED BY THE CITY'S SOLE NEGLIGENCE,
GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. IF THE CITY INCURS CLAIMS
THAT ARE CAUSED BY THE CONCURRENT NEGLIGENCE OF DEVELOPER AND THE
CITY, DEVELOPER'S INDEMNITY OBLIGATION WILL BE LIMITED TO A FRACTION
OF THE TOTAL CLAIMS EQUIVALENT TO DEVELOPER'S OWN PERCENTAGE OF
RESPONSIBILITY. DEVELOPER, INCLUDING ITS RESPECTIVE SUCCESSORS AND
ASSIGNS, 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 PRIOR TO 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 DEVELOPER'S REPRESENTATIONS IN THIS AGREEMENT; (2) THIS
AGREEMENT OR OWNERSHIP OF THE PROPERTY; OR (3) THE CITY'S APPROVAL OF
ANY TYPE OF DEVELOPMENT APPLICATION OR SUBMISSION WITH RESPECT TO
THE PROPERTY.
12.9 Status of Parties. At no time shall the City have any control over or
charge/supervision of Developer's design, construction, installation or other work related to any
of the Public Infrastructure, nor the means, methods, techniques, sequences, or procedures utilized
for said design, construction, installation or other work. This Agreement does not create a joint
enterprise or venture or employment relationship between the City and Developer.
12.10 Eminent Domain. Developer agrees to use commercially reasonable efforts to
obtain all third -party rights -of -way, consents, or easements, if any, required for the Public
Infrastructure. If, however, Developer is unable to obtain such third -party rights -of -way, consents,
or easements within ninety (90) days of commencing efforts to obtain the needed easements and
right-of-way, the City agrees to take reasonable steps to secure same (subject to City Council
authorization after a finding of public necessity) through the use of the City's power of eminent
domain. Developer shall be responsible for funding all reasonable and necessary legal
proceeding/litigation costs, attorney's fees and related expenses, and appraiser and expert witness
fees (collectively, "Eminent Domain Fees") actually incurred by the City in the exercise of its
eminent domain powers that for any reason are not funded by the PID Bond Proceeds and shall
escrow with a mutually agreed upon escrow agent the City's reasonably estimated Eminent
Domain Fees both in advance of the initiation of each eminent domain proceeding and as funds
1%M"OW VISTA DEVELOPIIMN7 AGRF.U%MN7 PAGE 27
are needed by the City. Provided that the escrow fund remains appropriately funded in accordance
with this Agreement, the City will use all reasonable efforts to expedite such condemnation
procedures so that the Public Infrastructure can be constructed as soon as reasonably practicable.
If the City's Eminent Domain Fees exceed the amount of funds escrowed in accordance with this
paragraph, Developer shall deposit additional funds as requested by the City into the escrow
account within ten (10) days after written notice from the City. Any unused escrow funds will be
refunded to Developer within thirty (30) days after any condemnation award or settlement
becomes final and non -appealable. Nothing in this section is intended to constitute a delegation of
the police powers or governmental authority of the City, and the City reserves the right, at all
times, to control its proceedings in eminent domain.
12.11 Payee Information. With respect to any and every type of payment/remittance due
to be paid at any time by the City to Developer after the Effective Date under this Agreement, the
name and delivery address of the payee for such payment shall be:
Bloomfield Homes, L.P.
Donald J. Dykstra, President
1050 E. Highway 114, Suite 210
Southlake, TX 76092
Developer may change the name of the payee and/or address set forth above by delivering written
notice to the City designating a new payee and/or address or through an assignment of Developer's
rights hereunder.
12.12 Recitals. The recitals contained in this Agreement: (a) are true and correct as of the
Effective Date; (b) form the basis upon which the Parties negotiated and entered into this
Agreement; (c) reflect the final intent of the Parties with regard to the subject matter of this
Agreement; and (d) are fully incorporated into this Agreement for all purposes. In the event it
becomes necessary to interpret any provision of this Agreement, the intent of the Parties, as
evidenced by the recitals, shall be taken into consideration and, to the maximum extent possible,
given full effect. The Parties have relied upon the recitals as part of the consideration for entering
into this Agreement and, but for the intent of the Parties reflected by the recitals, would not have
entered into this Agreement.
12.13 Acknowledgments. In negotiating and entering into this Agreement, the Parties
respectively acknowledge and understand that:
(a) Developer's obligations hereunder are primarily for the. benefit of the
Property;
(b) the improvements to be constructed and the open space dedications and
donations of real property that Developer is obligated to set aside and/or dedicate under this
Agreement will benefit the Project by positively contributing to the enhanced nature thereof,
increasing property values within the Project, and encouraging investment in and the ultimate
development of the Project;
MEADOW VISTA DEVELOPAMN7 AGREE'VI N7 PAGE 28
(c) Developer's consent and acceptance of this Agreement is not an exaction or
a concession demanded by the City, but is an undertaking of Developer's voluntary design to
ensure consistency, quality, and adequate public improvements that will benefit the Property;
(d) the Authorized Improvements will benefit the City and promote state and
local economic development, stimulate business and commercial activity in the City for the
development and diversification of the economy of the state, promote the development and
expansion of commerce in the state, and reduce unemployment or underemployment in the state;
and
(e) nothing contained in this Agreement shall be construed as creating or
intended to create a contractual obligation that controls, waives, or supplants the City Council's
legislative discretion or functions with respect to any matters not specifically addressed in this
Agreement.
12.14 Notices. Any notice, submittal, payment or instrument required or permitted by this
Agreement to be given or delivered to any party shall be deemed to have been received when
delivered personally or upon the expiration of 72 hours following deposit of the same in any United
States Post Office, registered or certified mail, postage prepaid, addressed as follows:
To the City: City of Anna, Texas
Attn: City Manager
120 W. 7th Street
Anna, Texas 75409
With a copy to: Wolfe, Tidwell & McCoy, LLP
Attn: Clark McCoy
2591 Dallas Parkway, Suite 300
Frisco, Texas 75034
And to: McCall, Parkhurst & Horton L.L.P.
Attn: Rodolfo Segura Jr
717 North Harwood, Suite 900
Dallas, TX 75201
To Developer: Bloomfield Homes, L.P.
Donald J. Dykstra, President
1050 E. Highway 114, Suite 210
Southlake, TX 76092
With a copy to: Locke Lord LLP
Attn: Drew Slone
2200 Ross Ave., Suite 2800
Dallas, Texas 75201
AMADOW VISTA DEVELOPAMN7 AGREEMENT PAGE 29
Any Party may change its address or addresses for delivery of notice by delivering written notice
of such change of address to the other Party.
12.15 Interpretation. Each Parry has been actively involved in negotiating and drafting
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.
12.16 Time. In this Agreement, time is of the essence and compliance with the times for
performance herein is required.
12.17 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. Developer represents and warrants that this Agreement has been
approved by appropriate action of Developer, and that each individual executing this Agreement
on behalf of Developer has been duly authorized to do so. Each Parry 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.
12.18 Limited Waiver of Immunity. The Parties are entering into this Agreement in
reliance upon its enforceability. Consequently, the City unconditionally and irrevocably waives all
claims of sovereign and governmental immunity which it may have (including, but not limited to,
immunity from suit and immunity to liability) to the extent, but only to the extent, that a waiver is
necessary to enforce specific performance of this Agreement (including all of the remedies
provided under this Agreement) and to give full effect to the intent of the Parties under this
Agreement. Notwithstanding the foregoing, the waiver contained herein shall not waive any
immunities that the City may have with respect to claims of injury to persons or property, which
claims shall be subject to all of their respective immunities and to the provisions of the Texas Tort
Claims Act. Further, the waiver of immunity herein is not enforceable by any party not a Parry to
this Agreement.
12.19 Amendment; Severability. 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.
12.20 Applicable 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. Exclusive venue for any action related to, arising out of,
or brought in connection with this Agreement shall be in a state district court in Collin County.
MEADOW VISTA DEVELOPA EN7 AGREEWNT PAGE 30
12.21 Non Waiver. Any failure by a Party to insist upon performance by the other Parry
of any material provision of this Agreement shall not be deemed a waiver thereof, and the Parry
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.
12.22 Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original and constitute one and the same instrument.
12.23 Exhibits. The following exhibits are attached to this Agreement and are
incorporated herein for all purposes:
Exhibit A
Metes and Bounds Description of the Property
Exhibit B
Depiction of the Property
Exhibit C
Concept Plan
Exhibit D
PD
Exhibit E
Original Agreement
Exhibit F
Authorized Improvements and Budgeted Costs
Exhibit G
Sewer Improvements
Exhibit H
Water Improvements
Exhibit I
Roadway/Drainage Improvements
Exhibit J
Off -Site Improvements
Exhibit K
Parks, Trails and Connectivity Plan Map
Exhibit L
Depiction of Community Amenities
Exhibit M
PID Financial Summary
12.24 Force Maieure. Each Party shall use good faith, due diligence and reasonable care
in the performance of its respective obligations under this Agreement, and time shall be of the
essence in such performance; however, in the event a Party is unable, due to force majeure, to
perform its obligations under this Agreement, then the obligations affected by the force majeure
shall be temporarily suspended. Within ten (10) business days after the occurrence of a force
majeure, the Party claiming the right to temporarily suspend its performance, shall give written
notice to all the Parties, including a detailed explanation of the force majeure and a description of
the action that will be taken to remedy the force majeure and resume full performance at the earliest
possible time. The term "force majeure" shall include events or circumstances that are not within
the reasonable control of the Party whose performance is suspended and that could not have been
avoided by such Party with the good faith exercise of good faith, due diligence and reasonable
care. A Party that has claimed the right to temporarily suspend its performance under this section
shall provide written reports to the other Party at least once every week detailing: (i) the extent to
which the force majeure event or circumstance continues to prevent the Party's performance; (ii)
all of the measures being employed to regain the ability to fully perform; and (iii) the projected
date upon which the Party will be able to resume full performance.
AIE"OW VISTA DEVELOPAMN7 AGREENOEN7 PAGE 31
12.25 Complete Agreement. 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.
12.26 Consideration. This Agreement is executed by the Parties hereto without coercion
or duress and for substantial consideration, the sufficiency of which is hereby acknowledged.
[SIGNATURES PAGES AND EXHIBITS FOLLOW;
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
MEADOW VISTA DEVELOPAMN7 AGREEME`7 PAGE 32
EXECUTED BY THE PARTIES TO BE EFFECTIVE ON THE EFFECTIVE DATE:
CITY OF ANNA, TEXAS
By: ' /
�-
Name: Nate Pike
Title: Mayor
Date:
STATE OF TEXAS
COUNTY OF COLLIN
This instrument was acknowledged before me on this 2023, by Nate Pike,
Mayor of the City of Anna, Texas, on behalf of said City.
VANNA Reof Tublic, State of Texas.
10-03-2026
==�
Expires
ota Public, State of Texasry
�'
ID 133995678
[SEAL]
Approved as to form:
C
Clark McCoy, City
Development Agreement Signature Page
2023 - 2023000081567 07/19/2023 03:01 PM Page 34 of 32
DEVELOPER:
BLOOMFIEL.D HOMES, L.P,.
a Texas limited partnership
By: Bloomfield Properties. Inc.,
a Texas corporation, its C;cn raI Partner
By-- -t-
Do side t
STATE OF TEXAS §
COUNTY OF CDLL((,j §
This instrument was acknowledged before me, on the 2-day of„ice _ _, 2023,
by Donald J. Dykstra, President of Bloomfield Properties, lnc.. a 'Texas corporation, general
partner of Bloomfield }comes, L.P., on behalf of said partnership.
[S 6 A LJ
4'-(AA-
Notary Public, State of Texas
E
EW M SLOI Eublic. Stale of Texasry It)13060652 Dnission Exp. 04-04.2024
Developmens Agrecrncni Signature Page
Legal Description
BEING A 223.154 ACRE TRACT OF LAND SITUATED IN THE FRANCIS T. DUFFAU
SURVEY, ABSTRACT NO.288 AND THE JOHN ELLET SURVEY, ABSTRACT NO.
296, CITY OF ANNA E.T.J., COLLIN COUNTY, TEXAS, AND BEING ALL OF A
CALLED 162.12 ACRE TRACT AND PART OF A 64.50 ACRE TRACT OF LAND
CONVEYED TO QJR PARTNERSHIP, LTD. BY DEED RECORDED IN VOLUME 5106,
PAGE 2380, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS AND SAID
162.12 ACRE AND 64.50 ACRE TRACT BEING DESCRIBED IN DEED TO
LORRAINE SHERLEY, AS RECORDED IN VOLUME 784, PAGE 34, DEED
RECORDS, COLLIN COUNTY, TEXAS. BEING ALL OF A CALLED 80 ACRE TRACT
OF LAND CONVEYED AS FIRST TRACT, PART OF A CALLED 64.5 ACRE TRACT
OF LAND CONVEYED AS SECOND TRACT, ALL OF A CALLED 40.86 ACRE TRACT
OF LAND CONVEYED AS THIRD TRACT, ALL OF A CALLED 10 ACRE TRACT OF
LAND CONVEYED AS FOURTH TRACT, ALL OF A CALLED 10 ACRE TRACT OF
LAND CONVEYED AS FIFTH TRACT, AND ALL OF A CALLED 21.26 ACRE TRACT
OF LAND CONVEYED AS SIXTH TRACT. SAID 223.154 ACRE TRACT WITH
BEARING BASIS BEING GRID NORTH, TEXAS STATE PLANE COORDINATES,
NORTH CENTRAL ZONE, NAD83 (NAD83 (2011) EPOCH 2O10), DETERMINED BY
GPS OBSERVATIONS, CALCULATED FROM DENTON CORS ARP (PID-DF8986)
AND DALLAS CORS ARP (PID-DF8984) AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA
SURVEYING" SET FOR THE SOUTHWEST CORNER OF SAID 21.26 ACRE SIXTH
TRACT, THE COMMON NORTHWEST CORNER OF LOT 56, BLOCK F AND THE
NORTHEAST CORNER OF LOT 3, BLOCK G OF CREEKSIDE PHASE 3, AN
ADDITION TO THE CITY OF ANNA ACCORDING TO THE PLAT RECORDED IN
CABINET P, SLIDE 623, PLAT RECORDS, COLLIN COUNTY, TEXAS AND BEING
THE COMMON SOUTHEAST CORNER OF CALLED 50.53 ACRE TRACT OF LAND
CONVEYED BY DEED TWO-J PARTNERS, LLLP RECORDED IN COUNTY CLERK'S
FILE NO.20080509000562500, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY,
TEXAS;
THENCE, ALONG THE COMMON EAST LINE OF SAID 50.53 ACRE TRACT AND
THE WEST LINE OF SAID 21.26 ACRE SIXTH TRACT AND THE WEST LINE OF
SAID 10 ACRE FOURTH TRACT, THE FOLLOWING COURSES AND DISTANCES:
NORTH 00 DEGREES 40 MINUTES 32 SECONDS EAST, A DISTANCE OF
260.50 FEET TO A POINT FOR CORNER;
NORTH 00 DEGREES 59 MINUTES 07 SECONDS EAST, A DISTANCE OF
1115.83 FEET TO A POINT FOR CORNER;
NORTH 00 DEGREES 49 MINUTES 32 SECONDS EAST, A DISTANCE OF
309.20 FEET TO A POINT FOR CORNER;
NORTH 00 DEGREES 36 MINUTES 32 SECONDS EAST, A DISTANCE OF
368.00 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
"LJA SURVEYING" SET FOR CORNER;
NORTH 00 DEGREES 42 MINUTES 32 SECONDS EAST, A DISTANCE OF
596.23 FEET TO A P.K. NAIL WITH SHINER STAMPED "LJA SURVEYING
SURVEYING" SET FOR CORNER, SAID POINT LYING IN COLLIN COUNTY
ROAD NO.370 (A PRESCRIPTIVE RIGHT OF WAY), SAID POINT BEING THE
COMMON NORTHWEST CORNER OF SAID 10 ACRE FOURTH TRACT AND
THE NORTHEAST CORNER OF SAID 50.53 ACRE TRACT AND BEING ON
THE SOUTH LINE OF AFORESAID 64.5 ACRE SECOND TRACT;
THENCE, NORTH 88 DEGREES 48 MINUTES 28 SECONDS WEST, ALONG THE
COMMON NORTH LINE OF SAID 50.53 ACRE TRACT AND THE SOUTH LINE OF
SAID 64.5 ACRE SECOND TRACT, A DISTANCE OF 251.32 FEET TO A 5/8" IRON
ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR
CORNER, SAID POINT BEING THE SOUTHWEST CORNER OF SAID 64.5 ACRE
SECOND TRACT AND THE SOUTHEAST CORNER OF A 38.15 ACRE TRACT OF
LAND CONVEYED BY DEED AS TRACT 7 TO MJLA ADAMS, LTD. RECORDED IN
COUNTY CLERK'S FILE NO.20110505000462590, OFFICIAL PUBLIC RECORDS,
COLLIN COUNTY, TEXAS;
THENCE, NORTH 01 DEGREE 38 MINUTES 26 SECONDS WEST, ALONG THE
COMMON WEST LINE OF SAID 64.5 ACRE SECOND TRACT AND THE EAST LINE
OF SAID 38.15 ACRE TRACT, A DISTANCE OF 509.20 FEET TO A P.K. NAIL WITH
SHINER STAMPED "LJA SURVEYING" SET FOR CORNER, SAID POINT BEING THE
NORTHEAST CORNER OF SAID 38.15 ACRE TRACT AND THE SOUTHEAST
CORNER OF A 17.863 ACRE TRACT OF LAND CONVEYED BY DEED TO ANNA 18,
LLC RECORDED IN COUNTY CLERK'S FILE NO.20161020001423440, OFFICIAL
PUBLIC RECORDS, COLLIN COUNTY, TEXAS;
THENCE, DEPARTING SAID WEST LINE OF SAID 64.5 ACRE SECOND TRACT AND
OVER AND ACROSS SAID 64.5 ACRE SECOND TRACT, THE FOLLOWING
COURSES AND DISTANCES:
NORTH 89 DEGREES 28 MINUTES 39 SECONDS EAST, A DISTANCE OF
500.77 FEET TO A POINT FOR CORNER;
NORTH 00 DEGREES 31 MINUTES 21 SECONDS WEST, A DISTANCE OF
432.96 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
"LJA SURVEYING" SET FOR CORNER ON THE NORTH LINE OF SAID 64.5
ACRE SECOND TRACT AND THE COMMON SOUTH LINE OF A 159.725
ACRE TRACT OF LAND CONVEYED BY DEED TO LHJH MANAGEMENT
COMPANY LLC RECORDED 1N COUNTY CLERK'S FILE NO.
2006100300142590, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS;
THENCE, NORTH 89 DEGREES 28 MINUTES 39 SECONDS EAST, ALONG THE
COMMON NORTH LINE OF SAID 64.5 ACRE SECOND TRACT, AND THE SOUTH
LINE OF SAID 159.725 ACRE TRACT, A DISTANCE OF 2480.20 FEET TO A 5/8"
IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR
THE NORTHEAST CORNER OF SAID 64.5 ACRE SECOND TRACT AND THE
COMMON SOUTHEAST CORNER OF SAID 159.725 ACRE TRACT, SAID POINT
BEING ON THE WEST LINE OF A 50.00 ACRE TRACT OF LAND CONVEYED BY
DEED TO KAYASA FAMILY, LTD., RECORDED IN COUNTY CLERK'S FILE NO.
20171012001368980, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS;
THENCE, SOUTH 01 DEGREE 15 MINUTES 53 SECONDS WEST, ALONG THE
COMMON EAST LINE OF SAID 64.5 ACRE SECOND TRACT AND THE WEST LINE
OF SAID 50.00 ACRE TRACT, A DISTANCE OF 1024.64 FEET TO A 1" IRON PIPE
(BENT) FOUND FOR THE SOUTHEAST CORNER OF SAID 64.5 ACRE SECOND
TRACT AND BEING THE COMMON NORTHEASTERLY NORTHWEST CORNER OF
A 111.666 ACRE TRACT OF LAND CONVEYED BY DEED TO OAKWOOD VILLAGE
APARTMENTS, INC., RECORDED IN COUNTY CLERK'S FILE NO.
201712001001594200, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS;
THENCE, NORTH 88 DEGREES 57 MINUTES 17 SECONDS WEST, ALONG THE
COMMON SOUTH LINE OF SAID 64.5 ACRE SECOND TRACT AND THE NORTH
LINE OF SAID 111.666 ACRE TRACT, A DISTANCE OF 33.92 FEET TO A 5/8" IRON
ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR THE
NORTHWEST CORNER OF SAID 111.666 ACRE TRACT AND THE NORTHEAST
CORNER OF AFORESAID 40.86 ACRE THIRD TRACT;
THENCE, SOUTH 00 DEGREES 33 MINUTES 44 SECONDS WEST, ALONG THE
COMMON EAST LINE OF SAID 40.86 ACRE THIRD TRACT AND THE WEST LINE
OF SAID 111.666 ACRE TRACT, A DISTANCE OF 2640.17 FEET TO A 5/8" IRON
ROD WITH YELLOW PLASTIC CAP STAMPED "J.E. SMITH 3700" FOUND FOR THE
COMMON SOUTHEAST CORNER OF SAID 40.86 ACRE THIRD TRACT AND THE
SOUTHWEST CORNER OF SAID 111.666 ACRE TRACT, SAID POINT LYING ON
THE NORTH LINE OF A 17.455 ACRE TRACT OF LAND CONVEYED AS TRACT 1
NORTH, TO LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD.,
RECORDED IN COUNTY CLERK'S FILE NO.20180614000736900, OFFICIAL
PUBLIC RECORDS, COLLIN COUNTY, TEXAS;
THENCE, NORTH 88 DEGREES 46 MINUTES 28 SECONDS WEST, ALONG THE
COMMON SOUTH LINE OF SAID 40.86 ACRE TRACT, THE SOUTH LINE OF
AFORESAID 10.00 ACRE FIFTH TRACT, AND THE NORTH LINE OF SAID 17.455
ACRE TRACT, A DISTANCE OF 803.28 FEET TO A 5/8" IRON ROD FOUND FOR
THE COMMON NORTHWEST CORNER OF SAID 17.455 ACRE TRACT AND THE
NORTHEAST CORNER OF THE FALLS PHASE 2, AN ADDITION TO THE CITY OF
ANNA ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET P, PAGE
870, PLAT RECORDS, COLLIN COUNTY TEXAS;
THENCE, ALONG THE COMMON NORTH LINE OF SAID THE FALLS PHASE 2,
CONTINUING ALONG THE SOUTH LINE OF SAID 10.00 ACRE FIFTH TRACT AND
ALONG THE SOUTH LINE OF AFORESAID 80 ACRE FIRST TRACT, THE
FOLLOWING COURSES AND DISTANCES:
NORTH 89 DEGREES 00 MINUTES 01 SECOND WEST, A DISTANCE OF
642.80 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
"LJA SURVEYING" SET FOR CORNER;
NORTH 89 DEGREES 04 MINUTES 18 SECONDS WEST, A DISTANCE OF
13.58 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
"LJA SURVEYING" SET FOR CORNER;
NORTH 89 DEGREES 18 MINUTES 16 SECONDS WEST, A DISTANCE OF
715.13 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
"LJA SURVEYING" SET FOR CORNER AT THE COMMON NORTHWEST
CORNER OF THE FALLS PHASE 2, THE NORTHEAST CORNER OF
AFORESAID CREEKSIDE PHASE 3, THE SOUTHWEST CORNER OF SAID 80
ACRE FIRST TRACT AND THE SOUTHEAST CORNER OF AFORESAID 21.26
ACRE SIXTH TRACT;
THENCE, NORTH 89 DEGREES 41 MINUTES 14 SECONDS WEST, ALONG THE
COMMON SOUTH LINE OF SAID 21.26 ACRE SIXTH TRACT AND THE NORTH LINE
OF SAID CREEKSIDE PHASE 3, A DISTANCE OF 492.18 FEET TO THE POINT OF
BEGINNING AND CONTAINING A CALCULATED AREA OF 9,720,596 SQUARE
FEET OR 223.154 ACRES LAND.
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EXHIBIT C
CONCEPT PLAN
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EXHIBIT D
PD
CITY OF ANNA, TEXAS
(Property rezoned under this ordinance is generally located on the north side of Hackberry Drive,
480t feet west of Ferguson Parkway)
ORDINANCE NO. ,A9- aW17
AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S
COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE
ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS,
REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE;
PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST
PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR
THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City of Anna, Texas ("City") has previously adopted ordinances, rules and regulations
governing the zoning in the City; and
WHEREAS, the City has received a requested zoning change on Property described in Exhibit A
("Property") attached hereto and incorporated herein for all purposes as if set forth in full; and
WHEREAS, said Property generally located on the north side of Hackberry Drive, 480E feet west of
Ferguson Parkway being rezoned from Single -Family Residential - Large Lot (SF-E) to Planned
Development (PD) zoning; and
WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of Anna
("City Council') have given the requisite notices by publication and otherwise and have held the public
hearings as required by law and afforded a frill and fair hearing to all property owners and generally to all
persons interested in and situated in the affected area and in the vicinity thereof, the City Council has
concluded that the Zoning Ordinance of the City should be amended as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS THAT:
Section 1. Recitals Incorporated
The above recitals arc incorporated herein by reference for all purposes.
Section 2. Zoning Change
The Anna City Code of Ordinances are hereby amended by changing the zoning of the Property described
in Exhibit A from Single -Family Residential - Large Lot (SF-E) to Planned Development (PD) zoning. The
Planned Development (PD) zoning regulations limit the permitted uses and development standards of the
Property or any part thereof to those permitted in the SF-60 Single -Family Residence District and C-1
Restricted Commercial District, unless otherwise specified herein, as depicted in the Concept Plan on the
attached Exhibit B.
A. Development Standards:
1. SF-60 Residential Zoning District Area Regulations:
a. Side Yard, Interior: 5 feet.
b. Rear yard:
i. 20 feet -lots backing to either a minor or major collector, to include the
minimum 15 feet -wide landscape tract adjacent to a major collector.
ii. 10 feet- all other lots
c. Front Yard: 20 feet with no additional encroachments.
d. Min. Lot Area: 5,500 sq. ft. / overall average 6,600 sq. ft.
e. Min. Lot Width: 50 feet / overall average 60 feet.
f. Min. Lot Depth:
i. 120 feet - lots backing to� either a minor or major collector, to include
the minimum 15 feet -wide landscape tract adjacent to a major collector.
ii. 110 feet -all other lots.
g. Max. Lot Coverage: 60%
h. Building Size: min. 1,500 sq. ft.
2. Maximum total residential lots not to exceed 800.
3. Single-family development is restricted to a front -entry product.
4. Streets:
a. The maximum length of any block or street segment shall be 1,600 feet and the
minimum length shall be 300 feet.
b. The street patterns depicted in the approved Concept Plan shall fulfill minimum
curvilinear street requirement, either as a whole or by phase.
c. The Planned Development is responsible for construction of one-half of the
divided roadway section of future Ferguson Parkway and one-half of the
divided roadway of future Hackberry Drive to the extent located within or
adjacent to the Planned Development.
E
5. Fencing: Fencing along the rear property boundary of any lot backing to natural
drainage areas or creeks are restricted to wrought iron, tubular steel, or tubular
aluminum and must be at least 50% open construction.
6. Amenities: Amenity center with swimming pool, restroom and changing area, an 8-
foot wide concrete sidewalkhrail, and a trailhead with playground and park benches
along with pet waste stations shall be provided in general conformance to the locations
identified on the approved Concept Plan.
7. The area identified as "Mixed Use" on the approved Concept Plan may be developed
entirely as either C-1 Restricted Commercial or SF-60 Single -Family Residence
District as amended by the PD.
B. Plats and/or site plans submitted for the development of the PD shall conform to the data
presented and approved on the Conceptual Development plan. Non -substantial changes of
detail on the final development plan(s) that differ from the Conceptual Development plan
may be authorized by the City Council with the approval of the final development plan(s)
and without public hearing.
C. The Conceptual Development Plan will expire after two (2) years of approval.
Section 3. Official Zoning Map
The official Zoning Map of the City shall be corrected to reflect the change in zoning described herein.
Section 4. Savings, Repealing and Severability Clauses
It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs,
subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase, sentence,
paragraph, subdivision, clause, or provision of this ordinance shall be declared unconstitutional or otherwise
invalid or inapplicable by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality, invalidity or inapplicability shall not affect any of the remaining words, sentences,
paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance, since the same would have been
enacted by the City Council without the incorporation in this ordinance of any such unconstitutional, invalid
or inapplicable words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all
ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are
consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified to the
extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in force when the
provisions of this ordinance become effective that are inconsistent or in conflict with the terms and
provisions contained in this ordinance are hereby repealed only to the extent of any such conflict.
Section 5. Penalty
Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or
not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount
not to exceed $2,000 for each incidence of violation. Each day a violation exists is considered a separate
offense and will be punished separately.
Section 6. Publication of the Caption and Effective Date
This ordinance shall be effective upon its passage by the City Council, approval by the Mayor, and posting
and/or publication, if required by law, of its caption. The City Secretary is hereby authorized and directed
to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas this 1 Oth day of December 2019.
ATTESTED:
Carrie L. Smith, City'Secretary
APPROVED:
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411,
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ke, Mayor
EXHIBIT A
LEGAL DESCRIPTION
TRACT 1
161.250 ACRES
BEING A 161.250 ACRE TRACT OF LAND SITUATED IN THE FRANCIS T. DUFFAU
SURVEY, ABSTRACT NO.288, CITY OF ANNA E.T.J., COLLIN COUNTY, TEXAS,
AND BEING ALL OF A CALLED 162.12 ACRE TRACT OF LAND CONVEYED TO QJR
PARTNERSHIP, LTD. BY DEED RECORDED IN VOLUME .5106, PAGE 2380,
OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS AND SAID 162.12 ACRE
TRACT BEING DESCRIBED IN DEED TO LORRAINE SHERLEY, AS RECORDED IN
VOLUME 784, PAGE 34, DEED RECORDS, COLLIN COUNTY, TEXAS. BEING ALL
OF A CALLED 80 ACRE TRACT OF LAND CONVEYED AS FIRST TRACT, ALL OF A
CALLED 40.86 ACRE TRACT OF LAND CONVEYED AS THIRD TRACT, ALL OF A
CALLED 10 ACRE TRACT OF LAND CONVEYED AS FOURTH TRACT, ALL OF A
CALLED 10 ACRE TRACT OF LAND CONVEYED AS FIFTH TRACT, AND ALL OF A
CALLED 21.26 ACRE TRACT OF LAND CONVEYED AS SIXTH TRACT. SAID
161.250 ACRE TRACT WITH BEARING BASIS BEING GRID NORTH, TEXAS STATE
PLANE COORDINATES, NORTH CENTRAL ZONE, NAD83 (NAD83 (2011) EPOCH
2010), DETERMINED BY GPS OBSERVATIONS, CALCULATED FROM DENTON
CORS ARP (PID-DF8986) AND DALLAS CORS ARP (PID-DF8984) AND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA
SURVEYING" SET FOR THE SOUTHWEST CORNER OF SAID 21.26 ACRE SIXTH
TRACT, THE COMMON NORTHWEST CORNER OF LOT 56, BLOCK F AND THE
NORTHEAST CORNER OF LOT 3, BLOCK G OF CREEKSIDE PHASE 3, AN
ADDITION TO THE CITY OF ANNA ACCORDING TO THE PLAT RECORDED IN
CABINET P. SLIDE 623, PLAT RECORDS, COLLIN COUNTY, TEXAS AND BEING
THE COMMON SOUTHEAST CORNER OF CALLED 50.53 ACRE TRACT OF LAND
CONVEYED BY DEED TWO-J PARTNERS, LLLP RECORDED IN COUNTY CLERK'S
FILE NO.20080509000562500, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY,
TEXAS;
THENCE, ALONG THE COMMON EAST LINE OF SAID 50.53 ACRE TRACT AND
THE WEST LINE OF SAID 21.26 ACRE SIXTH TRACT AND THE WEST LINE OF
SAID 10 ACRE FOURTH TRACT, THE FOLLOWING COURSES AND DISTANCES:
NORTH 00 DEGREES 40 MINUTES 32 SECONDS EAST, A DISTANCE OF
260.50 FEET TO A POINT FOR CORNER;
NORTH 00 DEGREES 59 MINUTES 07 SECONDS EAST, A DISTANCE OF
1115.83 FEET TO A POINT FOR CORNER;
NORTH 00 DEGREES 49 MINUTES 32 SECONDS EAST, A DISTANCE OF
309.20 FEET TO A POINT FOR CORNER;
SAM-LMD100771200 SURVEM30 Legal Dcscr4 t rss=77BY01-TRACT 1.doex
Page 1 d 3
NORTH 00 DEGREES 36 MINUTES 32 SECONDS EAST, A DISTANCE OF
368.00 FEET TO A POINT FOR CORNER;
NORTH 00 DEGREES 42 MINUTES 32 SECONDS EAST, A DISTANCE OF
596.23 FEET TO A P.K. NAIL WITH SHINER STAMPED "LJA SURVEYING
SURVEYING' SET FOR CORNER, SAID POINT LYING IN COLLIN COUNTY
ROAD NO.370 (A PRESCRIPTIVE RIGHT OF WAY), SAID POINT BEING THE
COMMON NORTHWEST CORNER OF SAID 10 ACRE FOURTH TRACT AND
THE NORTHEAST CORNER OF SAID 50.53 ACRE TRACT AND BEING ON
THE SOUTH LINE OF A CALLED 64.5 TRACT ACRE OF LAND CONVEYED
TO QJR PARTNERSHIP, LTD. BY DEED RECORDED IN VOLUME 5106,
PAGE 2380, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS AND
SAID 64.5 ACRE TRACT BEING DESCRIBED AS SECOND TRACT IN SAID
VOLUME 764, PAGE 34, DEED RECORDS, COLLIN COUNTY, TEXAS;
THENCE, SOUTH 88 DEGREES 56 MINUTES 00 SECONDS EAST, ALONG THE
COMMON SOUTH LINE OF SAID 64.5 ACRE SECOND TRACT AND THE NORTH
LINES OF SAID 10 ACRE FOURTH TRACT, SAID 21.26 ACRE SIXTH TRACT, SAID
80 ACRE FIRST TRACT, SAID 10 ACRE FIFTH TRACT, AND SAID 40.86 ACRE
THIRD TRACT, A DISTANCE OF 2,654.98 FEET TO A 5/8" IRON ROD WITH
YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR THE NORTHEAST
CORNER OF SAID 40.86 ACRE THIRD TRACT AND THE COMMON NORTHWEST
CORNER OF A CALLED A 111.666 ACRE TRACT OF LAND CONVEYED BY DEED
TO OAKWOOD VILLAGE APARTMENTS, INC., RECORDED IN COUNTY CLERK'S
FILE NO.20171201001594200, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY,
TEXAS;
THENCE, SOUTH 00 DEGREES 33 MINUTES 44 SECONDS WEST, ALONG THE
COMMON EAST LINE OF SAID 40.86 ACRE THIRD TRACT AND THE WEST LINE
OF SAID 111.666 ACRE TRACT, A DISTANCE OF 2640.17 FEET TO A 5/8" IRON
ROD WITH YELLOW PLASTIC CAP STAMPED "J.E. SMITH 3700" FOUND FOR THE
COMMON SOUTHEAST CORNER OF SAID 40.86 ACRE THIRD TRACT AND THE
SOUTHWEST CORNER OF SAID 111.666 ACRE TRACT, SAID POINT LYING ON
THE NORTH LINE OF A 17.455 ACRE TRACT OF LAND CONVEYED AS TRACT 1
NORTH, TO LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD.,
RECORDED IN COUNTY CLERK'S FILE NO.20180614000736900, OFFICIAL
PUBLIC RECORDS, COLLIN COUNTY, TEXAS;
THENCE, NORTH 88 DEGREES 46 MINUTES 28 SECONDS WEST, ALONG THE
COMMON SOUTH LINE OF SAID 40.86 ACRE THIRD TRACT, THE SOUTH LINE OF
AFORESAID 10.00 ACRE FIFTH TRACT, AND THE NORTH LINE OF SAID 17.455
ACRE TRACT, A DISTANCE OF 803.28 FEET TO A 5/8" IRON ROD FOUND FOR
THE COMMON NORTHWEST CORNER OF SAID 17.455 ACRE TRACT AND THE
NORTHEAST CORNER OF THE FALLS PHASE 2, AN ADDITION TO THE CITY OF
S:VM-LANQ=rrM SURVM30 Legg! OeWptlons=rffiY01•TRACT 1.doex
Page 2 of 3
ANNA ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET P, PAGE
870, PLAT RECORDS, COLLIN COUNTY TEXAS;
THENCE, ALONG THE COMMON NORTH LINE OF SAID THE FALLS PHASE 2,
CONTINUING ALONG THE SOUTH LINE OF SAID 10.00 ACRE FIFTH TRACT AND
ALONG THE SOUTH LINE OF AFORESAID 80 ACRE FIRST TRACT, THE
FOLLOWING COURSES AND DISTANCES:
NORTH 89 DEGREES 00 MINUTES 01 SECOND WEST, A DISTANCE OF
642.80 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
"LJA SURVEYING" SET FOR CORNER;
NORTH 89 DEGREES 04 MINUTES 18 SECONDS WEST, A DISTANCE OF
13.58 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
"LJA SURVEYING" SET FOR CORNER;
NORTH 89 DEGREES 18 MINUTES 16 SECONDS WEST, A DISTANCE OF
715.13 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
"LJA SURVEYING" SET FOR CORNER AT THE COMMON NORTHWEST
CORNER OF THE FALLS PHASE 2, THE NORTHEAST CORNER OF
AFORESAID CREEKSIDE PHASE 3, THE SOUTHWEST CORNER OF SAID 80
ACRE FIRST TRACT AND THE SOUTHEAST CORNER OF AFORESAID 21.26
ACRE SIXTH TRACT;
THENCE, NORTH 89 DEGREES 41 MINUTES 14 SECONDS WEST, ALONG THE
COMMON SOUTH LINE OF SAID 21.26 ACRE SIXTH TRACT AND THE NORTH LINE
OF SAID CREEKSIDE PHASE 3, A DISTANCE OF 492.18 FEET TO THE POINT OF
BEGINNING AND CONTAINING A CALCULATED AREA OF 7,024,033 SQUARE
FEET OR 161.250 ACRES OF LAND.
S*i:3a< 3 - TM007MOO SURVEY%= Legal Qescxipt�on =77BY01-TRACT 1.doex
Page
LEGAL DESCRIPTION
TRACT 2
61.905 ACRES
BEING A 61.905 ACRE TRACT OF LAND SITUATED IN THE JOHN ELLET SURVEY,
ABSTRACT NO.296, CITY OF ANNA E.T.J., COLLIN COUNTY, TEXAS, AND BEING
PART OF A 64.50 ACRE TRACT OF LAND CONVEYED TO QJR PARTNERSHIP,
LTD. BY DEED RECORDED IN VOLUME 5106, PAGE 2380, OFFICIAL PUBLIC
RECORDS, COLLIN COUNTY, TEXAS AND SAID 64.5 ACRE TRACT BEING
DESCRIBED AS SECOND TRACT IN THE DEED TO LORRAINE SHERLEY, AS
RECORDED IN VOLUME 784, PAGE 34, DEED RECORDS, COLLIN COUNTY,
TEXAS. SAID 61.905 ACRE TRACT WITH BEARING BASIS BEING GRID NORTH,
TEXAS STATE PLANE COORDINATES, NORTH CENTRAL ZONE, NAD83 (NAD83
(2011) EPOCH 2O10), DETERMINED BY GPS OBSERVATIONS, CALCULATED
FROM DENTON CORS ARP (PID-DF8986) AND DALLAS CORS ARP (PID-DF8984)
AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING AT A 1" IRON PIPE (BENT) FOUND FOR THE SOUTHEAST CORNER
OF SAID 64.5 ACRE SECOND TRACT AND BEING THE COMMON
NORTHEASTERLY NORTHWEST CORNER OF A 111.666 ACRE TRACT OF LAND
CONVEYED BY DEED TO OAKWOOD VILLAGE APARTMENTS, INC., RECORDED
IN COUNTY CLERK'S FILE NO.20171201001594200, OFFICIAL PUBLIC RECORDS,
COLLIN COUNTY, TEXAS, FROM WHICH 5/8" IRON ROD FOUND FOR AN
INTERIOR ELL CORNER OF SAID 111.666 ACRE TRACT AND THE COMMON
SOUTHWEST CORNER OF A 50.00 ACRE TRACT OF LAND CONVEYED BY DEED
TO KAYASA FAMILY, LTD., RECORDED IN COUNTY CLERK'S FILE NO.
20171012001368980, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS
BEARS SOUTH 01 DEGREE 15 MINUTES 53 SECONDS WEST, A DISTANCE OF
36.09 FEET;
THENCE, NORTH 88 DEGREES 57 MINUTES 17 SECONDS WEST, ALONG THE
COMMON SOUTH LINE OF SAID 64.5 ACRE SECOND TRACT AND THE NORTH
LINE OF SAID 111.666 ACRE TRACT, A DISTANCE OF 33.92 FEET TO A 5/8" IRON
ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR THE
NORTHWEST CORNER OF SAID 111.666 ACRE TRACT AND THE COMMON
NORTHEAST CORNER OF A CALLED 40.86 ACRE THIRD TRACT AS RECORDED
IN SAID VOLUME 784, PAGE 34, DEED RECORDS, COLLIN COUNTY, TEXAS;
THENCE, NORTH 88 DEGREES 56 MINUTES 00 SECONDS WEST, ALONG THE
COMMON SOUTH LINE OF SAID 64.5 ACRE SECOND TRACT AND THE NORTH
LINES OF SAID 40.86 ACRE THIRD TRACT, A CALLED 10 ACRE TRACT OF LAND
CONVEYED AS FIFTH TRACT, A CALLED 80 ACRE TRACT OF LAND CONVEYED
AS FIRST TRACT, A CALLED 21.26 ACRE TRACT OF LAND CONVEYED AS SIXTH
S:VM-LMMOO 7= SURVEM30 Legal DescrVIons=77BY01-TRACT 2.doex
Pap I of 3
TRACT, AND A CALLED 10 ACRE TRACT OF LAND CONVEYED AS FOURTH
TRACT, AS RECORDED IN SAID VOLUME 784, PAGE 34, DEED RECORDS,
COLLIN COUNTY, TEXAS, A DISTANCE OF 2,654.98 FEET TO A P.K. NAIL WITH
SHINER STAMPED "LJA SURVEYING" SET FOR THE NORTHWEST CORNER OF
SAID FOURTH TRACT AND THE COMMON NORTHEAST CORNER OF A CALLED
50.53 ACRE TRACT OF LAND CONVEYED BY DEED TWO-J PARTNERS, LLLP
RECORDED IN COUNTY CLERICS FILE NO.20080509000562500, OFFICIAL
PUBLIC RECORDS, COLLIN COUNTY, TEXAS;
THENCE, NORTH 88 DEGREES 48 MINUTES 28 SECONDS WEST, ALONG THE
COMMON NORTH LINE OF A 50.53 ACRE TRACT AND THE SOUTH LINE OF SAID
64.5 ACRE SECOND TRACT, A DISTANCE OF 251.32 FEET TO A 5/8" IRON ROD
WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER,
SAID POINT BEING THE SOUTHWEST CORNER OF SAID 64.5 ACRE SECOND
TRACT AND THE SOUTHEAST CORNER OF A 38.15 ACRE TRACT OF LAND
CONVEYED BY DEED AS TRACT 7 TO MJLA ADAMS, LTD. RECORDED IN
COUNTY CLERK'S FILE NO.20110505000462590, OFFICIAL PUBLIC RECORDS,
COLLIN COUNTY, TEXAS;
THENCE, NORTH 01 DEGREE 38 MINUTES 26 SECONDS WEST, ALONG THE
COMMON WEST LINE OF SAID 64.5 ACRE SECOND TRACT AND THE EAST LINE
OF SAID 38.15 ACRE TRACT, A DISTANCE OF 509.20 FEET TO A P.K. NAIL WITH
SHINER STAMPED "LJA SURVEYING" SET FOR CORNER, SAID POINT BEING THE
NORTHEAST CORNER OF SAID 38.15 ACRE TRACT AND THE SOUTHEAST
CORNER OF A 17.863 ACRE TRACT OF LAND CONVEYED BY DEED TO ANNA 18,
LLC RECORDED IN COUNTY CLERICS FILE NO.20161020001423440, OFFICIAL
PUBLIC RECORDS, COLLIN COUNTY, TEXAS;
THENCE, DEPARTING SAID WEST LINE OF SAID 64.5 ACRE SECOND TRACT AND
OVER AND ACROSS SAID 64.5 ACRE SECOND TRACT, THE FOLLOWING
COURSES AND DISTANCES:
NORTH 89 DEGREES 28 MINUTES 39 SECONDS EAST, A DISTANCE OF
500.77 FEET TO A 518" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
"LJA SURVEYING" SET FOR CORNER;
NORTH 00 DEGREES 31 MINUTES 21 SECONDS WEST, A DISTANCE OF
432.96 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
"LJA SURVEYING" SET FOR CORNER ON THE NORTH LINE OF SAID 64.5
ACRE SECOND TRACT AND THE COMMON SOUTH LINE OF A 159.725
ACRE TRACT OF LAND CONVEYED BY DEED TO LHJH MANAGEMENT
COMPANY LLC RECORDED IN COUNTY CLERK'S FILE NO.
20061003001424590, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY,
TEXAS;
SMIX-U�T7 W SURVEY123 L"d Dfta ptfoRat0 rW01-TRACT Zdouc
Page 2 of 3
THENCE, NORTH 89 DEGREES 28 MINUTES 39 SECONDS EAST, ALONG THE
COMMON NORTH LINE OF SAID 64.5 ACRE SECOND TRACT, AND THE SOUTH
LINE OF SAID 159.725 ACRE TRACT, A DISTANCE OF 2,480.20 FEET TO A 5/8"
IRON ROD WITH YELLOW PLASTIC CAP STAMPED "UA SURVEYING" SET FOR
THE NORTHEAST CORNER OF SAID 64.5 ACRE SECOND TRACT AND THE
COMMON SOUTHEAST CORNER OF SAID 159.725 ACRE TRACT, SAID POINT
BEING ON THE WEST LINE OF AFORESAID KAYASA FAMILY 50.00 ACRE TRACT;
THENCE, SOUTH 01 DEGREE 15 MINUTES 53 SECONDS WEST, ALONG THE
COMMON EAST LINE OF SAID 64.5 ACRE SECOND TRACT AND THE WEST LINE
OF SAID 50.00 ACRE TRACT, A DISTANCE OF 1024.64 FEET TO THE POINT OF
BEGINNING AND CONTAINING A CALCULATED AREA OF 2,696,663 SQUARE
FEET OR 61.905 ACRES OF LAND.
SiWX4ANC10077= SURVEM30 Legg! QesolpWtts=n8Y0f-TRACT 2.dm
Page 3 of 3
CITY OF ANNA
PLANNING & ZONING COMMISSION
December 2, 2019
Agenda Item No. 6B
Applicant: Bloomfield Homes
DESCRIPTION:
Request to rezone 223.01 acres located on the north side of Hackberry Drive, 480t feet
west of Ferguson Parkway from Single -Family Residential - Large Lot to Planned
Development -Single -Family Residence-60/Restricted Commercial District.
REMARKS:
The applicant is requesting to rezone the subject property to Planned Development -
Single -Family Residence-60/Restricted Commercial District (PD-SF-60/C-1) to allow for
a single-family residential development with modified development standards which may
include a nonresidential component. A PD district is intended to provide for combining
and mixing of uses allowed in various districts with appropriate regulations and to permit
flexibility in the use and design of land and buildings in situations where modification of
specific provisions of this article is not contrary to its intent and purpose or significantly
Inconsistent with the planning on which it is based and will not be harmful to the
community. A PD district may be used to permit new and innovative concepts in land
utilization. While great flexibility is given to provide special restrictions which will allow
development not otherwise permitted, procedures are established herein to Insure against
misuse of the Increased flexibility. The SF-60 Single -Family Residential District is
designed to accommodate single-family residential development on relatively ample lots.
The district can be appropriately located In proximity to agricultural and single-family
residential uses. The CA district is established to accommodate the shopping needs of
residents In adjacent residential areas. This district is meant to be used in limited areas,
where retail or service establishments deal directly with customers. Businesses in the C-
1 district should be oriented to satisfying the daily and frequent shopping needs of the
neighborhood consumer.
A concept plan, Meadow Vista, accompanies this request as Agenda Item 6C.
Surroundina Land Use and Zoning
North
Vacant land zone Agricultural
East
Across future Ferguson Parkway vacant land zoned Agricultural and vacant
land zoned PD-SF 72 Single -Family Residence. At the southeastern portion
of the tract vacant land zoned PD-NC Neighborhood Convenience
South
Across future Hackberry Drive vacant land zoned PD-SF-72, and two existing
residential subdivisions The Falls and Creekside zoned PD-R-1.
West
Vacant tract zoned PD-C-1 Restricted Commercial and vacant tracts zoned
SF-E Single -Family Residential — Large Lot
Proposed Planned Development Stipulations
The requested zoning is PD-SF-60/C-1. There are two primary parts to this request: land
use and design standards.
Land Use - The applicant is proposing to rezone the subject property to allow for a single-
family residential subdivision with a nonresidential component.
Design Standards - The language in the proposed PD district would allow for a single-
family residential development with modified area regulations and nonresidential that
would be limited to the northwest portion of the zoning request.
Conformance with the City of Anna Strategic Plan and Comprehensive Plan
Anna Vision 2034
a. Principle 3: Preserved some natural areas/open space through the
community.
b. Principle 5: Great Housing Opportunities.
i. Diverse housing choices for all family generations: small lots,
townhomes, estate homes, "ranchette", apartments, mixed -use
development.
ii. Safe, well -design, well -maintained multi -family and single-family
rental housing.
City of Anna Goals for 2024
a. Goal 2: Sustainable Anna Community Through Planned, Managed Growth.
1. Having new buildings and homes that are attractive and using the
appropriate building materials and meeting City's architectural
standards.
AGENDA ITEM NO.6B (12102119) PAGE 2 OF 5
it. Develop City infrastructure to support a growing community.
iii. Having a range of housing choice available in Anna.
Future Land Use Plan - The Future
Land Use Plan identifies four land use
designations within the subject
properly. Single Family (yellow) Parks
(green), and medium density (orange),
and Commercial (red). The proposed
zoning request is in conformance with
the Future Lane use Plan.
Adequacy of Public Facilities - Water
and sanitary sewer services are
available to serve the subject property;
however, the applicant may be
responsible for making improvements
to either the water and/or sanitary
sewer system to increase the system
capacity if required.
ISSUES:
Residential Formj
The applicant has indicated the zoning request is a continuation of the established
subdivisions to the south with the exception of the minimum lot depth which has been
increased to allow for a larger building pad site.
Below is a comparison between the proposed area regulations and the existing
subdivisions regulations
PD-SF-60
The Falls &
Creekside
SF-60
Min. front yard
20 ft.
20 ft.
25 ft.
Min. side yard
5 ft. / 15 ft. corner
5 ft. 110 ft. corner
10 ft. / 15 ft. comer
Min, rear
15 ft. adjacent to
collector R.O.W. / 10 ft.
elsewhere
15 ft.
25 ft.
Min. lot area
5,500 sq. ft. /
6,600 sq. ft. average
6,000 sq. 0.
6.000 sq. ft.
Min. lot width
50 ft.
150 ft.
50 ft.
AGENDA ITEM NO. 58 (1 VOL19) PAGE 3 OF 5
Min. lot depth
120 fL adjacent to
90 ft.
120 ft.
collector R.O.W. / 110
ft. elsewhere
Min. building size
1 1,500 sq. ft.
1,200 sq. ft.
1600 sq. ft.
Max. lot covers a
60%
50%
45%
SUMMARY:
The applicant is requesting to rezone 223.01 acres to allow for the development of a SF-
60 single-family residential subdivision with modified standards. As part of the request
the applicant is reserving an area that can be built either to C-1 Restricted Commercial
district standards or modified SF-60 standards that is shown on the companion Concept
Plan. The request is in conformance with the future land use plan and elements of the
City of Anna Strategic Plan due to diversifying housing stock, preserving and enhancing
natural areas with a trail system, meeting masonry building material requirements, and
extending two significant collector roadways. For these reasons, staff is in support of the
rezoning request.
RECOMMENDATION:
Recommended for approval as follows:
The permitted uses and standards shall be In conformance with the SF-60 Single -Family
Residence District and C-1 Restricted Commercial District, unless otherwise specified
herein.
1. SF-60 Residential Zoning District Area Regulations:
a. Side Yard, Interior: 5 feet.
b. Rear yard:
i. 20 feet - lots backing to either a minor or major collector, to Include
the minimum 15 feet -wide landscape tract adjacent to a major
collector.
ii. 10 feet - all other lots
c. Front Yard: 20 feet with no additional encroachments.
d. Min. Lot Area: 5,500 sq. ft. / overall average 6,600 sq. ft.
e. Min. Lot Width: 50 feet / overall average 60 feet.
f. Min. Lot Depth:
AGENDA ITEM NO.56 (12102119) PAGE 4 OF 5
ii. Develop City infrastructure to support a growing community.
iii. Having a range of housing choice available in Anna.
Future Land Use Plan - The Future
Land Use Plan identifies four land use
designations within the subject
property. Single Family (yellow) Parks
(green), and medium density (orange),
and Commercial (red). The proposed
zoning request is in conformance with
the Future Lane use Plan.
Adequacy of Public Facilities - Water
and sanitary sewer services are
available to serve the subject property;
however, the applicant may be
responsible for making improvements
to either the water and/or sanitary
sewer system to Increase the system
capacity if required.
ISSUES:
Residential Formj
The applicant has indicated the zoning request is a continuation of the established
subdivisions to the south with the exception of the minimum lot depth which has been
increased to allow for a larger building pad site.
Below is a comparison between the proposed area regulations and the existing
subdivisions regulations
PD-SF-60
The Falls &
Creekside
SF-60
Min. front yard
20 ft.
20 ft.
25 ft.
Min. side yard
5 ft. / 15 ft. corner
5 ft. 110 ft. corner
10 ft. / 15 ft. comer
Min. rear
15 ft. adjacent to
collector R.O.W. / 10 ft.
elsewhere
15 ft.
25 ft.
Min. lot area
5,500 sq. ft. !
6,600 sq. ft. average
6,000 sq. ft.
6.000 sq. ft.
Min. lot width
50 ft.
150 ft.
50 ft.
AGENDA ITEM NO. Be (12M2119) PAGE 3 OF 6
Min. lot depth
120 ft. adjacent to
90 ft.
120 ft.
collector R.O.W. / 110
ft. elsewhere
Min. building size
1,500 sq. ft.
1,200 sq. ft.
1600 sq. ft.
Max. lot coverage
60%
50%
45%
SUMMARY:
The applicant is requesting to rezone 223.01 acres to allow for the development of a SF-
60 single-family residential subdivision with modified standards. As part of the request
the applicant is reserving an area that can be built either to C-1 Restricted Commercial
district standards or modified SF-60 standards that is shown on the companlon Concept
Plan. The request is in conformance with the future land use plan and elements of the
City of Anna Strategic Plan due to diversifying housing stock, preserving and enhancing
natural areas with a trail system, meeting masonry building material requirements, and
extending two significant collector roadways. For these reasons, staff is in support of the
rezoning request.
RECOMMENDATION:
Recommended for approval as follows:
The permitted uses and standards shall be In conformance with the SF-60 Single -Family
Residence District and C-1 Restricted Commercial District, unless otherwise specified
herein.
1. SF-60 Residential Zoning District Area Regulations:
a. Side Yard, Interior: 5 feet.
b. Rear yard:
i. 20 feet - lots backing to either a minor or major collector, to Include
the minimum 15 feet -wide landscape tract adjacent to a major
collector.
ii. 10 feet - all other lots
c. Front Yard: 20 feet with no additional encroachments.
d. Min. Lot Area: 5,500 sq. ft. / overall average 6,600 sq. ft.
e. Min. Lot Width: 50 feet / overall average 60 feet.
f. Min. Lot Depth:
AGENDA ITEM NO.58 (12102N1) PAGE 4 OF 5
i. 120 feet - lots backing to either a minor or major collector, to Include
the minimum 15 feet -wide landscape tract adjacent to a major
collector.
ii. 110 feet- all other lots.
g. Max. Lot Coverage: 60%
h. Building Size: min. 1,500 sq. ft.
2. Maximum total residential lots not to exceed 800.
3. Single-family development is restricted to a front -entry product.
4. Streets:
a. The maximum length of any block or street segment shall be 1,600 feet and
the minimum length shall be 300 feet.
b. The street patterns depicted in the approved Concept Plan shall fulfill
minimum curvilinear street requirement, either as a whole or by phase.
c. The Planned Development is responsible for construction of one-half of the
divided roadway section of future Ferguson Parkway and one-half of the
divided roadway of future Hackberry Drive to the extent located within or
adjacent to the Planned Development.
5. Fencing: Fencing along the rear property boundary of any lot backing to natural
drainage areas or creeks are restricted to wrought iron, tubular steel, or tubular
aluminum and must be at least 50% open construction.
6. Amenities: Amenity center with swimming pool, restroom and changing area, an
8-foot wide concrete sidewalk/trail, and a trailhead with playground and park
benches along with pet waste stations shall be provided in general conformance
to the locations identified on the approved Concept Plan.
7. The area identified as "Mixed Use° on the approved Concept Plan may be
developed entirely as either C-1 Restricted Commercial or SF-60 as amended by
the PD.
AGENDA ITEM NO.50 (12102119) PAGE 5 OF 5
EXHIBIT E
Original Agreement
DEVELOPMENT AGREEMENT
This Development Agreement (this "Agreement") is entered effective as of December 10, 2019
("Effective Date") between and among the City of Anna, Texas ("City") and QJR Partnership, LTD
("Property Owner") as follows:
RECITALS
WHEREAS, the Property Owner is the sole owner of real property described and depicted on Exhibit
A attached hereto (the "Property"); and,
WHEREAS, the Property Owner has applied to rezone the Property to allow for single-family
residential and restricted commercial uses; and,
WHEREAS, the City's Planning & Zoning Commission and City Council have given the requisite
notices by publication and otherwise and have scheduled public hearings with respect to the rezoning
of the Property as required by law; and,
WHEREAS, in the case of the Property being rezoned, the City and Property Owner desire to enter
Into a development agreement to establish development and design regulations to ensure that future
development is appropriate for the area and fits in well with adjacent properties; and,
WHEREAS, it is the Parties' mutual Intent that this agreement shall govern only the subject matter
specifically set forth herein and shall supersede City Regulations only to the extent that any such City
Regulations directly conflict with the terms of this development agreement; and,
NOW, THEREFORE, in consideration of the above recitals and the mutual consideration as reflected
in the covenants, duties and obligations contained herein, the sufficiency of which Is hereby
acknowledged, the Parties hereto agree as follows, effective as of the Effective Date:
SECTION 1. RECITALS INCORPORATED.
The recitals set forth above are incorporated herein as if set forth in full to further describe the Parties'
Intent under this development agreement and said recitals constitute representations by Property
Owner, Developer and the City.
SECTION 2. PRELIMINARY CONCEPT PLAN.
The Property shall be developed as conceptually described and Illustrated on Exhibit B (the
°PRELIMNINARY CONCEPT PLAN"). The Preliminary Concept Plan may be amended from time to
time with approval from the City's Planning & Zoning Commission and the City Council.
I
SECTION 3. BUILDING MATERIALS.
The Property Owner agrees to comply or to cause the builders to comply and any other successors or
assigns to comply with the masonry material requirements and all other requirements of the Anna City
Code of Ordinances, Article 9.04 Zoning Ordinance, Section 9.04.034 Supplementary District
Regulations, Subsection (e) Architectural Design Standards and to comply with the following
regulations:
A. Except as noted below, the exterior walls (excluding windows and doors) on the first -floor front
elevation of any single-family home shall be 90 percent masonry and 80 percent on the second -
floor front elevation. The total cumuleuve surface area of the remain Ing exterior %galls (excluding
windows and doors) shall be 80% masonry.
B. Second floor Dutch gable roof elements are not required to be masonry If set back at least 3 feet
from the first -floor front elevation vertical plane.
C. The masonry standards that apply to the front elevation of a single-family home as described In
subsection (A) above shall also apply to any exterior walls on a single-family home that are: (1)
adjacent to and face a public street or right-of-way; or (1i) visible from and located immediately
adjacent to a public park, reserved open space or neighborhood common area, or an
undeveloped flood hazard or drainage area that is also adjacent to a public street.
D. Roofing materials in all residential districts may only consist of architectural asphalt shingles
(including_ laminated dimensional shingles), clay and concrete tile, metal shingles, mineral -
surfaced row roofing, slate and slate -type shingles, wood shingles, wood shakes or an
equivalent or better product as compared with said materials. Should architectural shingles be
used as roofing material, said shingles shall be accompanied with a minimum 25-year warranty.
Under no circumstance shall three -tab shingles be used as roofing material.
E. Border fencing shall be of stone or masonry construction.
SECTION 4. NOTICES.
Any and all notices required to be given by either of the parties hereto must be in writing and will be
deemed delivered upon personal service, if hand -delivered, or when mailed in the United States mail,
certified, return receipt requested, addressed as follows:
To City: City Manager
City of Anna
111 North Powell Parkway
PO Box 776
Anna, Texas 75409
To Property Owner: QJR Partnership LTD
822 County Road 370
Anna, Texas 75409
Attn: J.D. Rollins
21
SECTION 5. MODIFICATIONS OR TERMINATION.
This Agreement may only be modified and/or terminated as follows: (a) by mutual agreement of
Property Owner and City; and/or (b) unilaterally by City upon default of the Property Owner or
Developer. Notwithstanding the foregoing or any other provision of this Agreement, this Agreement
shall terminate and be null and void if the City does not approve the rezoning of the Property to be
zoned as (PD-SF-60/C-1), Planned Development -Single Family Residential-60/Restricted
Commercial District), as set forth in Section 9.04 of the Anna City Code of Ordinances, ("Zoning
Ordinance"). The parties acknowledge and agree that the rezoning of the Property Is a legislative act
and that this Agreement does not bind the City Council to approve any proposed rezoning of the
Property.
SECTION 6. DEFAULT.
If Property Owner or Developer, its heirs, successors or assigns, subsequent owners of the Property or
any other person acquiring an interest in the Property, fails to fully comply with all the terms and
conditions included In this Agreement, 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 Property including without limitation building permits and
certificates of occupancy.
B. The defaulting Property Owner or Developer, or their respective heirs, successors or
assigns, subsequent owners of the Property or any other person acquiring an interest in the
Property (collectively, the "Defaulting Developer Parties") shall be jointly and severally liable
to pay to the City the sum of $2,000 for each failure to fully comply with the development
standards set forth In Section 3 of this Agreement. The Defaulting Developer Parties shall be
liable to pay the City said $2,000 sum per day for each day that such failure to comply
occurs. The sums of money to be paid for such failures) Is not to be considered as a
penalty, but shall be deemed, taken and treated as reasonable liquidated damages that
accrue per day that such a failure shall exist or occur. The said amounts are fixed and
agreed upon by the parties because of the impracticability and extreme difficulty of fixing and
ascertaining the actual damages the City in such event would sustain; and said amounts are
agreed to be the amounts of damages which the City would sustain. Notwithstanding the
foregoing, none of the Defaulting Developer Parties shall be liable to pay the liquidated
damages that accrue under this paragraph unless there is a breach of any material term or
condition of this Agreement and such breach remains uncured after forty-five (45) calendar
days following receipt of written notice from the City provided in accordance with this
Agreement describing said breach in reasonable detail (or, if the cure of the breach has
diligently and continuously been undertaken but reasonably requires more than forty-five
(45) calendar days to cure, then such additional amount of time as is reasonably necessary
31
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). In the event of a breach that Is not timely cured In accordance with this
paragraph, 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 a
subsequent written notices as to subsequent dates or times during which such breach is
repeated or continues to occur.
C. in the event of a default, the City will additionally have anyand all remedies available to it at
equity or in law.
SECTION 7. 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 will run with the land and be binding on all
subsequent Property Owners and Developers.
SECTION 8. INDEMNIFICATION AND HOLD HARMLESS.
THE DEVELOPER AND THE PROPERTY OWNER, INCLUDING THEIR RESPECTIVE
SUCCESSORS AND ASSIGNS (THE "INDEMNIFYING PARTIES"). HEREBY COVENANT AND _
AGREE TO RELEASE. DEFEND, HOLD HARMLESS, AND INDEMNIFY THE CITY AND ITS
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ALL THIRD -PARTY
CLAIMS, SUITS, JUDGMENTS, DAMAGES, AND DEMANDS (TOGETHER. "CLAIMS") AGAINST
THE CITY WHETHER REAL OR ASSERTED INCLUDING WITHOUT LIMITATION REASONABLE
ATTORNEYS FEES. RELATED EXPENSES. EXPERT WITNESS FEES, CONSULTANT FEES.
AND OTHER COSTS, ARISING OUT OF THE NEGLIGENCE OR OTHER WRONGFUL CONDUCT
OF THE INDEMNIFYING PARTIES. INCLUDING THE NEGLIGENCE OR OTHER WRONGFUL
CONDUCT OF ANY OF THEIR RESPECTIVE EMPLOYEES, CONTRACTORS.
SUBCONTRACTORS. MATERIAL MEN. AND AGENTS. IN CONNECTION WITH THE DESIGN OR
C0N6jftUCTI0N OF ANY PUBLIC INFRASTRUCTURE. STRUCTURES. OR OTHER FACILITIES
OR IMPROVEMENTS THAT ARE REQUIRED OR PERMITTED UNDER THIS AGREEMEN_L_
AND/OR CITY REGULATIONS AND/OR ANY APPLICABLE DEVELOPMENT STANDARDS
AND/OR ANY OTHER GOVERNING REGULATIONS: AND IT IS EXPRESSLY UNDERSTOOD_
JHAT SUCH CLAIMS SHALL, EXC9PT AS MODIFIED BELOW, INCLUDE CLAIMS EVENLF
CAUSED BY THE CITY'S OWN CONCURRENT NEGLIGENCE SUBJECT TO THE TERMS OF
THIS SECTION. THE INDEMNIFYING PARTIES SHALL NOT, HOWEVER, BE REQUIRED TO,
INDEMNIFY THE CITY AGAINST CLAIMS CAUSED BY THE C17 Y'S SOLE NEGLIGENCE. IF THE
CITY INCURS CLAIMS THAT ARE CAUSED BY THE CONCURRENT NEGLIGENCE OF ANY OF
THE INDEMNIFYING PARTIES AND THE CITY, THE INDEMNIFYING PARTIES' INDEMNITY
OBLIGATION WILL BE LIMITED TO A FRACTION OF THE TOTAL CLAIMS EQUIVALENT TO THE
INDEMNIFYING PARTIES' OWN PERCENTAGE OF RESPONSIBILITY. THE INDEMNIFYING
41
PARTIES FURTHER COVENANT AND AGREE TO RELEASE, DEFEND, HOLD HARMLESS, AND
INDEMNIFY, THE CITY AGAINST ANY AND ALL CLAIMS BY ANY PERSON CLAIMING AN
OWNERSHIP INTEREST IN THE PROPERTY WHO HAS NOT SIGNED THIS AGREEMENT IF
SUCH CLAIMS RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH: (1) THE C17Y'S
RELIANCE UPON ANY OF THE INDEMNIFYING PARTIES' REPRESENTATIONS IN THIS
AGREEMENT: (2) THIS AGREEMENT OR OWNERSHIP OF THE PROPERTY: OR (3) THE CITY'S
APPROVAL OF ANY TYPE OF DEVELOPMENT APPLICATION OR SUBMISSION WITH
RESPECT TO THE PROPERTY. At no time shall the City have any control over or charge of the
design, construction or installation of any of the improvements to the Property or related work or
undertakings, nor the means, methods, techniques, sequences or procedures utilized for the design,
construction or installation related to same. This Agreement does not create a joint enterprise or
venture between the City and any of the Indemnified Parties. This Section 8 will survive the
termination of this Agreement.
SECTION 9. REQUIREMENT FOR RECORDATION.
City will record this document, Including all the Exhibits, in conjunction with the formal adoption by
the City Council, and immediately provide a recorded copy to the City.
SECTION 10. ENTIRE AGREEMENT.
This Agreement is the entire agreement of the parties regarding the subject matter hereto.
SECTION 11. RECITALS AND EXHIBITS.
The recitals herein and exhibits attached hereto are hereby incorporated by reference.
SECTION 12. AUTHORITY.
Property Owner represents and warrants to the City that the Property Owner owns the Property that
this Agreement is binding and enforceable on the Property.
SECTION 13. INVALID PROVISIONS.
If any provision of this Agreement is held not valid, such provision will be deemed to be excised there
from and the Invalidity thereof will not affect any of the other provisions contained herein.
SECTION 14. EFFECTIVE DATE.
This Agreement will be effective upon the Effective Date first stated herein.
(REMAINDER OF PAGE LEFT BLANK, SIGNATURE PAGE(S) FOLLOW.)
51
CITY OF ANNA
By:
Jim Proce, City Manager
IN WITNESS WHEREOF:
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned notary public, on the _ day of, .., 2019, appeared Jim
Proce, known to me (or proved to me) to be the person whose name Is subscribed to the foregoing
Instrument, and acknowledged to me that he executed the same In his capacity as City Manager of the
City of Anna, Texas.
Notary Public, State of Texas
QJR Partnership LTD
IN WITNESS WHEREOF:
STATE OF TEXAS
COUNTY OF COLLIN
Before me g notary the undersigned note public, on the SI( day of 2019, appeared
J.D. Rollins, Property Owner known to me (or proved to me) to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his
capacity as representative of QJR Pa ership LTD.
JONI HARLOW
Notary Public, State of Texas
Comm. Explraa 12-17.2022 Ma AJLA
Notary ID 124400768 11'Nota ublic, State of Texas
61
EXHIBIT A
PROPERTY DESCRIPTION
TRACT 1
161.250 ACRES
BEING A 161.250 ACRE TRACT OF LAND SITUATED IN THE FRANCIS T. DUFFAU
SURVEY, ABSTRACT NO.288, CITY OF ANNA E.T.J., COLLIN COUNTY, TEXAS,
AND BEING ALL OF A CALLED 162.12 ACRE TRACT OF LAND CONVEYED TO QJR
PARTNERSHIP, LTD. BY DEED RECORDED IN VOLUME 5106, PAGE 2380,
OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS AND SAID 162.12 ACRE
TRACT BEING DESCRIBED IN DEED TO LORRAINE SHERLEY, AS RECORDED IN
VOLUME 784, PAGE 34, DEED RECORDS, COLLIN COUNTY, TEXAS. BEING ALL
OF A CALLED 80 ACRE TRACT OF LAND CONVEYED AS FIRST TRACT, ALL OF A
CALLED 40.86 ACRE TRACT OF LAND CONVEYED AS THIRD TRACT, ALL OF A
CALLED 10 ACRE TRACT OF LAND CONVEYED AS FOURTH TRACT, ALL OF A
CALLED 10 ACRE TRACT OF LAND CONVEYED AS FIFTH TRACT, AND ALL OF A
CALLED 21.26 ACRE TRACT OF LAND CONVEYED AS SIXTH TRACT. SAID
161.250 ACRE TRACT WITH BEARING BASIS BEING GRID NORTH, TEXAS STATE
PLANE COORDINATES, NORTH CENTRAL ZONE, NAD83 (NAD83 (2011) EPOCH
2010), DETERMINED BY GPS OBSERVATIONS, CALCULATED FROM DENTON
CORS ARP (PID-DF8986) AND DALLAS CORS ARP (PID-DF8984) AND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA
SURVEYING" SET FOR THE SOUTHWEST CORNER OF SAID 21.26 ACRE SIXTH
TRACT, THE COMMON NORTHWEST CORNER OF LOT 56, BLOCK F AND THE
NORTHEAST CORNER OF LOT 3, BLOCK G OF CREEKSIDE PHASE 3, AN
ADDITION TO THE CITY OF ANNA ACCORDING TO THE PLAT RECORDED IN
CABINET P, SLIDE 623, PLAT RECORDS, COLLIN COUNTY, TEXAS AND BEING
THE COMMON SOUTHEAST CORNER OF CALLED 50.53 ACRE TRACT OF LAND
CONVEYED BY DEED TWO-J PARTNERS, LLLP RECORDED IN COUNTY CLERK'S
FILE NO.20080509000562500, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY,
TEXAS;
THENCE, ALONG THE COMMON EAST LINE OF SAID 50.53 ACRE TRACT AND
THE WEST LINE OF SAID 21.26 ACRE SIXTH TRACT AND THE WEST LINE OF
SAID 10 ACRE FOURTH TACT, THE FOLLOWING COURSES AND DISTANCES.,
NORTH 00 DEGREES 40 MINUTES 32 SECONDS EAST, A DISTANCE OF
260.50 FEET TO A POINT FOR CORNER;
NORTH 00 DEGREES 59 MINUTES 07 SECONDS EAST, A DISTANCE OF
1115.83 FEET TO A POINT FOR CORNER;
NORTH 00 DEGREES 49 MINUTES 32 SECONDS EAST, A DISTANCE OF
309.20 FEET TO A POINT FOR CORNER;
NORTH 00 DEGREES 36 MINUTES 32 SECONDS EAST, A DISTANCE OF
368.00 FEET TO A POINT FOR CORNER;
NORTH 00 DEGREES 42 MINUTES 32 SECONDS EAST, A DISTANCE OF
596.23 FEET TO A P.K. NAIL WITH SHINER STAMPED "LJA SURVEYING
SURVEYING" SET FOR CORNER, SAID POINT LYING IN COLLIN COUNTY
ROAD NO.370 (A PRESCRIPTIVE RIGHT OF WAY), SAID POINT BEING.THE
COMMON NORTHWEST CORNER OF SAID 10 ACRE FOURTH TRACT AND
THE NORTHEAST CORNER OF SAID 50.53 ACRE TRACT AND BEING ON
THE SOUTH LINE OF A CALLED 64.5 TRACT ACRE OF LAND CONVEYED
TO QJR PARTNERSHIP, LTD. BY DEED RECORDED IN VOLUME 5106,
PAGE 2380, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS AND
SAID 64.5 ACRE TRACT BEING DESCRIBED AS SECOND TRACT IN SAID
VOLUME 784, PAGE 34, DEED RECORDS, COLLIN COUNTY, TEXAS;
THENCE, SOUTH 88 DEGREES 56 MINUTES 00 SECONDS EAST, ALONG THE
COMMON SOUTH LINE OF SAID 64.5 ACRE SECOND TRACT AND THE NORTH
LINES OF SAID 10 ACRE FOURTH TRACT, SAID 21.26 ACRE SIXTH TRACT, SAID
80 ACRE FIRST TRACT, SAID 10 ACRE FIFTH TRACT, AND SAID 40.86 ACRE
THIRD TRACT, A DISTANCE OF 2,654.98 FEET TO A 5/8" IRON ROD WITH
YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR THE NORTHEAST
CORNER OF SAID 40.86 ACRE THIRD TRACT AND THE COMMON NORTHWEST
CORNER OF A CALLED A 111.666 ACRE TRACT OF LAND CONVEYED BY DEED
TO OAKWOOD VILLAGE APARTMENTS, INC., RECORDED IN COUNTY CLERK'S
FILE NO.20171201001594200, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY,
TEXAS;
THENCE, SOUTH 00 DEGREES 33 MINUTES 44 SECONDS WEST, ALONG THE
COMMON EAST LINE OF SAID 40.86 ACRE THIRD TRACT AND THE WEST LINE
OF SAID 111.666 ACRE TRACT, A DISTANCE OF 2640.17 FEET TO A 5/8" IRON
ROD WITH YELLOW PLASTIC CAP STAMPED "J.E. SMITH 3700" FOUND FOR THE
COMMON SOUTHEAST CORNER OF SAID 40.86 ACRE THIRD TRACT AND THE
SOUTHWEST CORNER OF SAID 111.666 ACRE TRACT, SAID POINT LYING ON
THE NORTH LINE OF A 17.455 ACRE TRACT OF LAND CONVEYED AS TRACT 1
NORTH, TO LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD.,
RECORDED IN COUNTY CLERK 'S FILE NO.20180614000736900, OFFICIAL
PUBLIC RECORDS, COLLIN COUNTY, TEXAS;
THENCE, NORTH 88 DEGREES 46 MINUTES 28 SECONDS WEST, ALONG THE
COMMON SOUTH LINE OF SAID 40.86 ACRE THIRD TRACT, THE SOUTH LINE OF
AFORESAID 10.00 ACRE FIFTH TRACT, AND THE NORTH LINE OF SAID 17.455
ACRE TRACT, A DISTANCE OF 803.28 FEET TO A 5/8" IRON ROD FOUND FOR
THE COMMON NORTHWEST CORNER OF SAID 17.455 ACRE TRACT AND THE
NORTHEAST CORNER OF THE FALLS PHASE 2, AN ADDITION TO THE CITY OF
ANNA ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET P, PAGE
870, PLAT RECORDS, COLLIN COUNTY TEXAS;
THENCE, ALONG THE COMMON NORTH LINE OF SAID THE FALLS PHASE 2,
CONTINUING ALONG THE SOUTH LINE OF SAID 10.00 ACRE FIFTH TRACT AND
ALONG THE SOUTH LINE OF AFORESAID 80 ACRE FIRST TRACT, THE
FOLLOWING COURSES AND DISTANCES:
NORTH 89 DEGREES 00 MINUTES 01 SECOND WEST, A DISTANCE OF
642.80 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
"LJA SURVEYING" SET FOR CORNER;
NORTH 89 DEGREES 04 MINUTES 18 SECONDS WEST, A DISTANCE OF
13.58 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
"LJA SURVEYING" SET FOR CORNER;
NORTH 89 DEGREES 18 MINUTES 16 SECONDS WEST, A DISTANCE OF
715.13 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
"LJA SURVEYING" SET FOR CORNER AT THE COMMON NORTHWEST
CORNER OF THE FALLS PHASE 2, THE NORTHEAST CORNER OF
AFORESAID CREEKSIDE PHASE 3, THE SOUTHWEST CORNER OF SAID 80
ACRE FIRST TRACT AND THE SOUTHEAST CORNER OF AFORESAID 21.26
ACRE SIXTH TRACT;
THENCE, NORTH 89 DEGREES 41 MINUTES 14 SECONDS WEST, ALONG THE
COMMON SOUTH LINE OF SAID 21.26 ACRE SIXTH TRACT AND THE NORTH LINE
OF SAID CREEKSIDE PHASE 3, A DISTANCE OF 492.18 FEET TO THE POINT OF
BEGINNING AND CONTAINING A CALCULATED AREA OF 7,024,033 SQUARE
FEET OR 161.250 ACRES OF LAND.
TRACT 2
61.905 ACRES
BEING A 61.905 ACRE TRACT OF LAND SITUATED IN THE JOHN ELLET SURVEY,
ABSTRACT NO.296, CITY OF ANNA E.T.J., COLLIN COUNTY, TEXAS, AND BEING
PART OF A 64.50 ACRE TRACT OF LAND CONVEYED TO QJR PARTNERSHIP,
LTD. BY DEED RECORDED IN VOLUME 5106, PAGE 2380, OFFICIAL PUBLIC
RECORDS, COLLIN COUNTY, TEXAS AND SAID 64.5 ACRE TRACT BEING
DESCRIBED AS SECOND TRACT IN THE DEED TO LORRAINE SHERLEY, AS
RECORDED IN VOLUME 784, PAGE 34, DEED RECORDS, COLLIN COUNTY,
TEXAS. SAID 61.905 ACRE TRACT WITH BEARING BASIS BEING GRID NORTH,
TEXAS STATE PLANE COORDINATES, NORTH CENTRAL ZONE, NAD83 (NAD83
(2011) EPOCH 2O10), DETERMINED BY GPS OBSERVATIONS, CALCULATED
FROM DENTON CORS ARP (PID-DF8986) AND DALLAS CORS ARP (PID-DF8984)
AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING AT A 1p IRON PIPE (BENT) FOUND FOR THE SOUTHEAST CORNER
OF SAID 64.5 ACRE SECOND TRACT AND BEING THE COMMON
NORTHEASTERLY NORTHWEST CORNER OF A 111.666 ACRE TRACT OF LAND
CONVEYED BY DEED TO OAKWOOD VILLAGE APARTMENTS, INC., RECORDED
IN COUNTY CLERK'S FILE NO.20171201001594200, OFFICIAL PUBLIC RECORDS,
COLLIN COUNTY, TEXAS, FROM WHICH 5/8" IRON ROD FOUND FOR AN
INTERIOR ELL CORNER OF SAID 111.666 ACRE TRACT AND THE COMMON
SOUTHWEST CORNER OF A 50.00 ACRE TRACT OF LAND CONVEYED BY DEED
TO KAYASA FAMILY, LTD., RECORDED IN COUNTY CLERK'S FILE NO.
20171012001368980, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS
BEARS SOUTH 01 DEGREE 15 MINUTES 53 SECONDS WEST, A DISTANCE OF
36.09 FEET;
THENCE, NORTH 88 DEGREES 57 MINUTES 17 SECONDS WEST, ALONG THE
COMMON SOUTH LINE OF SAID 64.5 ACRE SECOND TRACT AND THE NORTH
LINE OF SAID 111.666 ACRE TRACT, A DISTANCE OF 33.92 FEET TO A 5/8" IRON
ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR THE
NORTHWEST CORNER OF SAID 111.666 ACRE TRACT AND THE COMMON
NORTHEAST CORNER OF A CALLED 40.86 ACRE THIRD TRACT AS RECORDED
IN.SAID VOLUME 784, PAGE 34, DEED RECORDS, COLLIN COUNTY, TEXAS;
THENCE, NORTH 88 DEGREES 56 MINUTES 00 SECONDS WEST, ALONG THE
COMMON SOUTH LINE OF SAID 64.5 ACRE SECOND TRACT AND THE NORTH
LINES OF SAID 40.86 ACRE THIRD TRACT, A CALLED 10 ACRE TRACT OF LAND
CONVEYED AS FIFTH TRACT, A CALLED 80 ACRE TRACT OF LAND CONVEYED
AS FIRST TRACT, A CALLED 21.26 ACRE TRACT OF LAND CONVEYED AS SIXTH
TRACT, AND A CALLED 10 ACRE TRACT OF LAND CONVEYED AS FOURTH
TRACT, AS RECORDED IN SAID VOLUME 784, PAGE 34, DEED RECORDS,
COLLIN COUNTY, TEXAS, A DISTANCE OF 2,654.98 FEET TO A P.K. NAIL WITH
SHINER STAMPED "LJA SURVEYING" SET FOR THE NORTHWEST CORNER OF
SAID FOURTH TRACT AND THE COMMON NORTHEAST CORNER OF A CALLED
50.53 ACRE TRACT OF LAND CONVEYED BY DEED TWO-J PARTNERS, LLLP
RECORDED IN COUNTY CLERK'S FILE NO.20080509000562500, OFFICIAL
PUBLIC RECORDS, COLLIN COUNTY, TEXAS;
THENCE, NORTH 88 DEGREES 48 MINUTES 28 SECONDS WEST, ALONG THE
COMMON NORTH LINE OF A 50.53 ACRE TRACT AND THE SOUTH LINE OF SAID
64.5 ACRE SECOND TRACT, A DISTANCE OF 251.32 FEET TO A 5/8" IRON ROD
WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER,
SAID POINT BEING THE SOUTHWEST CORNER OF SAID 64.5 ACRE SECOND
TRACT AND THE SOUTHEAST CORNER OF A 38.15 ACRE TRACT OF LAND
CONVEYED BY DEED AS TRACT 7 TO MJLA ADAMS, LTD. RECORDED IN
COUNTY CLERK'S FILE NO.20110505000462590, OFFICIAL PUBLIC RECORDS,
COLLIN COUNTY, TEXAS;
THENCE, NORTH 01 DEGREE 38 MINUTES 26 SECONDS WEST, ALONG THE
COMMON WEST LINE OF SAID 64.5 ACRE SECOND TRACT AND THE EAST LINE
OF SAID 38.15 ACRE TRACT, A DISTANCE OF 509.20 FEET TO A P.K. NAIL WITH
SHINER STAMPED "LJA SURVEYING" SET FOR CORNER, SAID POINT BEING THE
NORTHEAST CORNER OF SAID 38.15 ACRE TRACT AND THE SOUTHEAST
CORNER OF A 17.863 ACRE TRACT OF LAND CONVEYED BY DEED TO ANNA 18,
LLC RECORDED IN COUNTY CLERK'S FILE NO.20161020001423440, OFFICIAL
PUBLIC RECORDS, COLLIN COUNTY, TEXAS;
THENCE, DEPARTING SAID WEST LINE OF SAID 64.5 ACRE SECOND TRACT AND
OVER AND ACROSS SAID 64.5 ACRE SECOND TRACT, THE FOLLOWING
COURSES AND DISTANCES:
NORTH 89 DEGREES 28 MINUTES 39 SECONDS EAST, A DISTANCE OF
500.77 FEET TO A 518" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
"LJA SURVEYING" SET FOR CORNER;
NORTH 00 DEGREES 31 MINUTES 21 SECONDS WEST, A DISTANCE OF
432.96 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
"LJA SURVEYING" SET FOR CORNER ON THE NORTH LINE OF SAID 64.5
ACRE SECOND TRACT AND THE COMMON SOUTH LINE OF A 159.725
ACRE TRACT OF LAND CONVEYED BY DEED TO LHJH MANAGEMENT
COMPANY LLC RECORDED IN COUNTY CLERK'S FILE NO.
20061003001424590, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY,
TEXAS;
THENCE, NORTH 89 DEGREES 28 MINUTES 39 SECONDS EAST, ALONG THE
COMMON NORTH LINE OF SAID 64.5 ACRE SECOND TRACT, AND THE SOUTH
LINE OF SAID 159.725 ACRE TRACT, A DISTANCE OF 2,480.20 FEET TO A 5/8"
IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR
THE NORTHEAST CORNER OF SAID 64.5 ACRE SECOND TRACT AND THE
COMMON SOUTHEAST CORNER OF SAID 159.725 ACRE TRACT, SAID POINT
BEING ON THE WEST LINE OF AFORESAID KAYASA FAMILY 50.00 ACRE TRACT
THENCE, SOUTH 01 DEGREE 15 MINUTES 53 SECONDS WEST, ALONG THE
COMMON EAST LINE OF SAID 64.5 ACRE SECOND TRACT AND THE WEST LINE
OF SAID 50.00 ACRE TRACT, A DISTANCE OF 1024.64 FEET TO THE POINT OF
BEGINNING AND CONTAINING A CALCULATED AREA OF 2,696,563 SQUARE
FEET OR 61.906 ACRES OF LAND.
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EXIMIT F
Authorized Improvements and Budgeted Costs
MEADOW VISTA
A EXCAVATION
$ 4,989,318.00
B. SANITARY SEWER SYSTEM
$ 4,388,444.50
C. STORM SEWER SYSTEM
S 5,971,394.00
D. WATER DISTRIBUTION SYSTEM
$ 4,020,937.00
E STREET & ALLEY PAVING
S 10,923,657.00
F. RETAINING WALLS
$ 2,893,794.00
G. MISCELLANEOUS ITEMS
S 891,443.10
H. LANDSCAPING
$ 5,541,900.00
L DEVELOPMENT FEES
S 7,109,673.92
SUB -TOTAL
546,730,561.52
10% CONTINGENCY.
$4.676,SOQOO
COST/LOT.•
567,400
LF OF STREET:
37,646
COST/LF OF STREET.
51,400
NET DEVELOPABLE ACREAGE
172.71
COST/ DEVELOPABLEACRE
$297,700
TOTAL GROSS ACREAGE
221.39
COST/GROSSACRE
5232,200
MEADOW VISTA
Total Master Total PID Total Private TOTAL
A, EXCAVATION
S 540.862.70
$ 4,448,455.30
$ 4,989,318.00
B. SANITARY SEWER SYSTEM
S 518,084.00
S 3,870,360.50
S 4,388.44450
C. STORM SEWER SYSTEM
S 5,971,394.00
$ 5,971,394.00
D. WATER DISTRIBUTION SYSTEM
$ 129,020.00
S 3,891,917.00
$ 4,020,937.00
F. STREET & ALLEY PAVING
$ 2,885,235.00
S 8,038,422.00
$ 10,923,657.00
F. RETAINING WALLS
$ 2,893,794.00
$ 2,893,794.00
G. MISCELLANEOUS ITEMS
$ 891.443.10
S 891.443.10
H. LANDSCAPING
S 5,541,900.00
$ 5,541,900.00
I. DEVELOPMENT FEES
$ 498,000.00
$ 5,876,173.92
$ 735,500.00
$ 7,109,673.92
SUB -TOTAL
S4,030,339.00
S34,622,473.22
S8,077,749.30
S46,730,561.52
70% CONTINGENCY:
S404,500.00
S3.463.0W..00
S809.000.00
S4.676.500.00
COST/LOT..'
$5,900
$50,000
$17,700 567,400
IF OF STREET:
is103
31,543
37,646
COST/LF OF STREET.•
S750
S1,250
$1,400
NET DEVELOPABLE ACREAGE
10.05
162.66
772.71
COST/ DEVELOPABLE ACRE
S441,300
S234,200
S297,700
TOTAL GROSS ACREAGE
10.05
211.34
221.39
COST/GROSSACRE
S441,300
S180,300
S232,200
k'fl1a-6 • A111Ei�a1
Phase I Master Phase 2 Master Phase 3 Master Phase 4 Master Phase 5 Master Total Master
A EXCAVATION
B. SANITARY SEWER SYSTEM
S 518,084.00
$ 518,084.00
C. STORM SEWER SYSTEM
D. WATER DISTRIBUTION SYSTEM
S
129,020.00
S 129.020.00
E. STREET & ALLEY PAVING
$ 1,028,852.00
S 1,017,523.00
$ 17,236.00
$ 706,109.00
$
115.515.00
$ 2.885.235.00
F. RETAINING WALLS
G. MISCELLANEOUS ITEMS
H. LANDSCAPING
I. DEVELOPMENT FEES
$ 144,500.00
S 143,D00.00
S 76,D0(1.00
$ 99,500.00
$
35,000.00
$ 498.000.00
SUB -TOTAL:
$1,173,352.00
51. 760,523.00
$611.320.00
$805.609.00
$279,535.00
54,030,339.00
10% CONTINGENCY:
1117,SW.00
5116,50(100
$61.500.00
581.000.00
S2&000.00
5404,500.00
COST7LOT..
54,900
5782,500
55,300
55,700
51,600
$5,900
IF OF STREET:
2,074
1,664
50
1,872
443
6, 103
COST/LF OF STREET.
5650
5800
513,500
5500
$700
5750
NET DEVELOPABLE ACREAGE
3.00
3.06
0.14
3.04
(till
10.05
COST/ DEVELOPABLE ACRE
5430,300
5417,400
$4,805,900
5291,700
5379,300
S441,300
TOTAL GROSS ACREAGE
3.00
3.06
0.14
3.04
0.81
10.05
COST/GROSS ACRE
S430,300
5417,400
$4,805,900
$291,700
5379,700
5441,300
MEADOW VISTA
Phase I PID
Phase 2 PID
Phase 3 PID
Phase 4 PID
Phase 5 PID
Total PID
OVERALL SUMMARY
A EXCAVATION
$ 287.914.10
$ 40,22.4.50
$ 125,242.30
$ 60.951.60
$ 26,530.20
$ 540,862.70
B. SANITARY SEWER SYSTEM
S 1,368,40450
$ 53,287.50
$ 716,940.50
$ 695,318.50
$ 1,036,40950
$ 3,870,360.50
C. STORM SEWER SYSTEM
$ 1,503,978.00
$ 798,179.00
S 1,123,276.00
$ 692,797.00
$ 1,853,164.00
i 5,971,394.00
D. WATER DISTRIBUTION SYSTEM
$ 1,285,053.00
$ 42,141.00
S 735,671.00
$ 735,244.00
$ 1,093,808.00
$ 3,891,917.00
E STREET&ALLEY PAVING
$ 2,486,200.00
S 88,996.OD
S 1,377,146.00
$ 1,623,842.00
$ 2,462,238.00
$ 8,038,422.00
F. RETAINING WALLS
G. MISCELLANEOUS ITEMS
$ 289,15250
S 65,307.00
S 88,638.60
S 221.875.00
$ 226,470.00
$ 891.443.10
H. LANDSCAPING
$ 2,378,703.75
$ 190,16750
S 61Z487.50
$ 853,085.00
$ 1,507,45625
$ 5,541,900.00
1. DEVELOPMENT FEES
$ 1.844.127.50
S 331,00720
S 959,054.40
S 1,079,046.73
$ 1.662.938.09
S 5,876,173.92
SUB -TOTAL
S77,443,53335
$1,609,309.70
S5,734456.30
$5,962,759.83
S9869,074.04
$34,622.47322
COST/LOP
$47,400
1254000
549000
S47,600
551500
550,000
LF OF STREET.,
10,800
242
6,004
5,358
9139
31,543
COST/LF OF STREET.
S1,200
S7,350
S7,100
$1,250
S7,200
It U50
NETDEVELOPABLEACREAGE.
53.73
1.60
2772
32.13
47.48
162.66
COST/DEVELOPABLEACRE
$234,300
S1,10000
S227,800
S204,200
$224700
S234,200
TOTAL GROSSACREAGE
62.75
366
3730
40.63
67.00
21134
COST/GROSS ACRE
S200,700
S483700
S169300
S161,500
S16Z 100
S180,300
MEADOW VISTA
Phase 1 Private Phase 2 Private Phase 3 Private Phase 4 Private Phase 5 Private Total Private
A. EXCAVATION
S 2,521,12120
S 76.392.20
S 694,904.40
$ 504,962.00
S 651.07530
$ 4,448,455.30
B. SANITARY SEWER SYSTEM
C. STORM SEWER SYSTEM
D. WATER DISTRIBUTION SYSTEM
E. STREET & ALLEY PAVING
F. RETAINING WALLS
$ 707,255.00
$ 165.633.00
S 516,616.00
$ 256,289.00
$ 1,248,001.00
$ 2,893,794.00
G. MISCELLANEOUS ITEMS
H. LANDSCAPING
I. DEVELOPMENT FEES
S 323,000.00
S 24.500.00
S 121.500.00
S 76,500.00
$ 190.000.00
$ 735,500.00
SUB -TOTAL
S3,551,376.20
$266,52520
$7,333,020.40
$837,757.00
52,089,076.50
S8,077,749.30
10%CONTINGENCY.:
$355.500.00
$27,000.00
$133,500.00
S84.000.00
S209,000.00
S809,000.00
COST/LOT.. S74,700 S4d000 S11,400 S5,900 511,400 S11,700
LF OF STREET.'
COST7LF OF STREET.
NET DEVELOPABL E ACREAGE
COST? DEVELOPABLE ACRE
TOTAL GROSS ACREAGE
COST/GROSSACRE
MEADOW VISTA
GENERAL
1 This estimate of probable cost was prepared for the preliminary concept plan dated May 2021.
2 The tract is located within the City of Anna, within Anna ISD, and is generally described as being located northwest of the intersection of
Hackberry Drive and North Ferguson Parkway. The property is zoned for single-family residential use.
3 This estimate used the current water, sewer, paving, and storm drainage design criteria specified by the City of Anna.
4 This estimate assumes pudic infrastructure will be conveyed to and accepted by the City of Anna at project completion. Costs for future
maintenance of infrastructure has not been considered.
5 This estimate is based on unit prices updated in July 2022.
6 This estimate was prepared with the benefit of geotechnical data provided in preliminary geotechnical report number 81913324 by Braun
Intertec Corporation dated January 10. 2020 for Meadow Vista and G212303 by Alpha Testing dated October 27. 2021 for Crystal Park
7 This estimate was prepared with the benefit of an environmental report and wetlands determination provided by Integrated Environmental
Solutions on January 14. 2020.
8 This estimate was prepared utilizing topographic assumptions based on field survey of the site by LIA and identifies an approximate mean
site grade of 3.0%.
9 This estimate does consider phasing or construction sequencing costs and does contemplate progression of site development.
10 This estimate assumes 4% inspection fee for water, sewer, storm, and paving
11 This estimate assumes testing fees for water and sewer on LF basis of all related material and 3% for storm and paving total cost.
12 Land plan and estimate do not make considerations for any oil, gas, or mineral leases in place on the tract.
GRADING
f This estimate assumes the following grading assumptions:
Side yard max slope: 4:1 (2S%)
Front yard max slope: 5:1 (20%)
Rear yard max slope: 12:1 (8%)
Max driveway slope: 12%M w inWI m A*hnimd rhwem6
Minimum side yard swale slope: 1.2S%
Max exposed beam: 28' inches fmrmvrt4pom Mu P. ehwbonj
2 This estimate assumes lot -to -lot drainage is not allowed.
Depressed garages are allowed txv phym -ftpin e^r^94
Drop garages with one physical step in garage are allowed
Multi -step drop garages are not allowed.
Finished floor elevation above finished pad: 0.7'
Max fall across garage (front to back): 0.4 feet
3 This estimate assumes a lot mix comprised of the following typical lot dimensions and is based on a concept plan:
lot,xr.ar
PM n.r..
so ftx II$ft
4ftx Toft
w it.120ft
4oftx7oh
soft 125 ff
MR. Taft
ssftxlQoft
45hx70h
aft. lash
4511x700%
60 ft. 120ft
Soft .loft
6o ft. 125ft
50 ft. Taft
aft. inft
55 ftx Toh
65 ftx lash
aft Toft
4 This estimate assumes all lots will require 4' of moisture conditioning and poly lining.
5 Unit prices do not reflect rock excavation.
6 This estimate assumes overall development site will balance cut, fill, and spoil material at project completion and does not consider costs
for interim import or export of material off project-
7 This estimate does not assume any offsite grading.
SANITARY SEWER
1 This estimate assumes that the developed sewer basin is served by City of Anna.
2 This estimate assumes the sanitary sewer system is servicing 763 lots of single-family lots.
3 This estimate assumes no lift station is needed in order to service the single-family residential lots.
4 This estimate assumes that the Throckmorton Sewer Line 0 S' gravity line) by others is in place along west property boundary and has
capacity for the Meadow Vista site.
5 This estimate was produced without the benefit of a Sanitary Sewer Study for the site.
6 This estimate assumes three connections to existing Throckmonon Sewer Line (1 S' gravity line) to be made in Phases 1, Z and S.
7 Sevier testing includes T.V. testing.
STORM DRAINAGE
1 This estimate assumes there is FEMA 1% fbodplain onsite. This estimate was prepared with the benefit of a flood study and a Roodplain
water surface elevation analysis by ILIA dated January 20, 2022
2 This estimate assumes proposed development may Impact the FEMA 1%Roodplam
3 This estimate assumes Mitigation Allowance of $150.ODO for 2 phases phasea 2 & 5) due to the possibility oljurisdictional wetlands onsite.
4 This estimate assumes CEOMRA.OMR allowance of S100,000 due to potential impact of onsite FEMA 1% fkrodplam
S This estimate assumes offslte drainage from the North will be captured with a grade to drain and sent to the creek onsite.
6 This estimate assumes culvert structures to be cast -in -place
7 This estimate assumes culvert structure cost to include culvert railing, headwall, and nprap.
8 This estimate does not include any cost for the enlargement reconstruction or improvement of any off -site drainage structures unless
otherwise noted.
9 This estimate does not consider any culvert improvements at northern creek crossing of Ferguson Parkway.
10 Additional grade -to -drain quantities may be required based on final design topography.
I Costs for studies, easement releases, analysis of regional dams are not Included In this estimate.
WATER
1 This estimate assumes that the tract is supplied water by City of Anna.
2 This estimate assumes two connections to exisumg 16' water fine along Hackberry, Drive, three connections to existing 12' water line
Ferguson Parkway and one connection to existing 12' water line along Rosamond Parkway.
3 This estimate assumes an allowance for the potential lowering of the ex sling 12" waterline located In Ferguson Parkway ROW.
4 This estimate assumes the water system Is serviong 763 lots of single-family lots
S Water line includes all finings. tees. «osses. etc.
6 Fire hydrant assembly includes all fittings and tees.
7 Assumes all watedines are less than 10' deep.
8 This estimate Was performed without the be"lit of a water model.
9 This estimate does not include cost to remove and relocate existing waterlines.
10 This estimate does not assume any cost for obtaining offsite water easements
PAVING
1 This estimate Is based on the following street sections.
50' ROW. 32' 8•B•, 6' reinforced concrete with 6' lime subgade (1' ofset)
80' ROW. 2 x 25' B-f3. W reinforced concrete with 8' lime subgrade (1' offse0
12O ROW.1 x 24S B-11". 8" reinforced concrete with 8" kme wbgrade (1' offse0
• Residential street section (SO' ROM assumes rollover curb. When standard curb is used on a SO' ROW, section is reduced to 31' B-B.
•• This estimate assumes ultimate buildout of 12V ROW by others: 2 x 37' 8.8, 8" reinforced concrete with 8' lime wbgrade (1' offset).
2 Estimate assumes only two lanes of the western half of Ferguson Parkway will be constructed.
3 Estimate assune 3616s per SY for lime quantity.
4 Estimate does not include median paving and/or pavers.
S Banier free ramps have been included based on standard placing practice of 4 ramps at a crow intersection and 3 ramps at a tee
Intersection . Additional ADA ramps may be required by jurisdictions during plan review. This estimate does not contemplate ADA
destinations and assumes longitudinal roadway slopes of greater 2%or greater may be used its all residential Intersections
6 Estimate assumes night and left lanes at intersections with Hackberry Drive in Phases 1 and 2 and Ferguson Parkway In Phases 3 and 4.
7 Additional pavement markings and traffic signs may also be required.
MISCELLANEOUS
1 Single headed streetlights are spaced at a rtaximum of 400'.
2 Double headed streetlights are located along median on Hackberry Drive, Ferguson Parkway, and Throckmonon Boulevard are spaced at a
naxinwm of 200'.
3 This estimate Includes cost to relocate existing franchise lines and demo existing pavement along CR 370.
4 This estimate assumes City of Anna will be responsible for acquiring all light of way and easements necessary to construct all public
improvements outside of the PID boundary.
S Estimate does not consider walk or railing that may be required to support open space sidewalks and trails.
6 This estimate does not include USPS mailbox clusters
7 This estimate assumes gas and electric franchise utilities will be provided at cost to the developer
8 This estimate does not include plat recording fees
LANDSCAPING
I Thu estimate does include costs for Amenity Center. entry monumentation, screening waltz, and landscaping of the site. Cost was provided
by the client on November r, 2021.
2 This estimate includes cost for Amenity Center, entry monumentation, screening walls, and landscaping of the site.
3 This estimate assumes masonry screen" wall with masonry columns adjacent to lots along Hackbeny Drive, Ferguson Parkway, and lots
adjacent to northern boundary line.
DEVELOPMENT
I Estimate does not include land cost, land maintenance, interest HOA support legal, financing, narketir4 etc
2 The municipal and jurisdictional fees listed have been generated based on researched Information published by the City of Anna. This
estimate bolds the following fee assumptions:
aapa arkkww
paur IkAppar"&E.o
scot AppbW
Ory aePrNonn Wr rWa saw, P&A%Stand
Wy G-"tat
ICED rwvwW
pra.* r W
Za..We.-*41W
MlD&Wa r s.
h nrtappaoem W tw
P415Yg Im
4yYirwYlppW laYlaw Wl pp7
TO Cwti&reXw
pp[14PL nseu�vnY w rndn
DI911[r IM
3 This estimate does not include a $3600 per lot PID fee.
a This estimate does not include (w) includes fees for pro rate or face foot costs to connect to esisting water or sewer infrastructure.
S This estimate does not include FEMA application fees
6 Professional fees for engineering and surveying are assumed as 10%of projected construction costs.
7 This estimate does not include professional fee assumptlorn to prepare a flood study or revise Iloodplain maps
8 This estimate does include professional fee assumptions for geotechnical testing and reports.
9 This estimate does not include professional fee assumptions for tree survey or tree mitigations.
W a
o ^So Soo
1�
FEET
LEGEND
rSEWER
Ir SEWER
EXISTING Ir SEWER
EX. Ir SEWER
TFOC[M RION
SEWER TRUNK
UNE E%iFJ1S1011
uAnnG
HACRBERRY
DRIVE
� +u Fnwnwmrtm.uuTv�F:m F.rvinu.Tnvm
v.ns oavw¢uw+m.
SrsT m
EXHIBIT G
_ SEWERRARROVEMENTS
MARCH 2023
MEADOW VISTA
uA En¢1til-H..4Fa NA
_ i..Y I_. .I "v.ear we wuimm
rn"m r1 rrrrrri rrrrn ���KpE R R rorsi s;_ Ha.F:at
o or Eoo
�9
PEET
LEGEND
e WATER
ITWATER
ECISIING IT WATER
p
6
_- EXECONG I6" WATER
f
ISmut
I —
3 C WATEE
IXI 1.'WR
A,EATER
wRCr9ERRY
wi,MG ELEVAM STORAGE
HACKl9M tux oR$TIEwAiES
LINER A
WIVE
r WAM
INA W G
L' WAiEE
M'MOODS E
IY�EY RACE
OIRRE WRIER lNE 6
MISONG
IE' WA79
-ACKEERRY
EIEVAm STORAGE
TAN[ OMME
WAM UNE A
EXHIBIT H
WATER IMPROVEMENTS
MARCH 2O23
MEADOW VESTA
uA Og4sAHrq. Inc. (,d
EXHIBIT
Roadway/Drainage Improvements
®
!(
(
—
Tn
g|
\
§§
O :SD sw
mm%..wmmm�9 1.
FEET
1T WATER NNE
-1] u
NHiCt10ERlHOwkm
INE AT ROSAMUD PARKWAY
F—
iNROCKMONFON IlOtILEVARD
c ROW RT HI
waoDEs sracM DRAW WHEN
RBI.WRTN dIVE
131* w cow (ar o-eI
C R+cu ,owt DRAw:rreR se
N WATER LLVE
FI I
I —I O
✓v ^
I-y
W�
W
MACK6ERlT DINE
0 to ROW E1'S t91�
COVr.EC1O ExGTbtG
in?=C CwmD3 J;YSIEM
n1C'.UJ�: CFM ORm iYiT9.1
CVLVERT
2-iQKiD CrAV EIR STRUCNRE
r.rne.
a roeamm.n
111111111
C.R.
NACKRERRY DRIVE
W ROW (: &S)
UN LUOES STORM DRAIN SYSTEM
EXHIBIT J
OFFSITE IMPROVE ARM
MARCH 2O23
MEADOW VISTA
UA EminaaNlgUA IM�
s.n.ao
mn....x rmL Fzr.r •me
uvcs 2 )
EXHIBIT K
-1 ILLI LL l.l.LLLL1 LL'J
77
�1
n, » ;,.Of
1
>•KIU P71 V'fi1A71iItN 54rYH AOUfIN
F: �
Depiction of Community Amendments
ILA
A2
I
EXHIBIT M
PID Financial Summary
City of Anna, Texas 0a "m. di...W, ovn+o.e. cN'
Meadow Vista Public Improvement District
PROPOSED DEVELOPMENT PLAN
TOTAL MEADOW VISTA PUBLIC IMPROVEMENT DISTRICT
Expected
Expected
Expected
Expected
Finished Lot
Build Out
Finished
Build Out
Category
No. of Units
Unit Value
Unit Value
Lots Value
Value
SF 50'
523
5 100.000
$ 500,000
$ 52,300,000
$ 261,500,000
SF 60'
240
120,000
600,000
28,800,000
14g000,000
763
$ 81,100,000
$ 405,500,000
Single Family Unit Weighted Average.... ............
- ......
$106.291
$531,455
Notes:
Information provided by the Developer on $116/23. Subject to change.
Hilltop Securities Inc. Page 1 of 5 5/17/2023
City of Anna, Texas DRAFT for dixussion purlwses only
Meadow Vista Public Improvement District
PROJECT DEBT CAPACITYSUMMARY
TOTAL
PID BONDS
SOURCES OF FUNDS
Estimated Par Amount of Bonds 5 35,444,000
Total Sources of Funds $ 35,444,000
USES OF FUNDS
Project Fund (Bond Proceeds PID Projects)
$ 29,274,339
Capitalized Interest Funclu)
Debt Service Reserve Fund("
2,625,262
Financing Costs & Admin Fees(3)
3,544,400
Total Uses of Funds
$ 35,444,000
Expected Value -to -Lien per Parcel at Bond Issuance(4) 2.29x
Assumed Bond Interest Rate(s) 5.90%
Average Annual Installment as Tax Rate Equivalent $0.6899
Term of Bonds 30years
Number of Benefited Units 763
PID Assessment per Benefited Unit $46,453
Project Funds per Benefited Unit $38,367
City PID Fee per SF Units( ($3,400)
Net Project Funds per Benefited Unit $34,967
(1) Assumes no use of capitalized interest, subject to change. Use of Cap -I reduces project funds
generated through bond proceeds.
(2) Assumes to be the maximum annual debt service payment. Not to exceed maximum annual
debt service payment, 125%of average annual debt service payment or 10% of bond proceeds.
(3) Assumed to be 10%of par amount for illustration and discussion purposes only. Subject to change.
(4) Assumes no appraisal discounts for illustration purposes only. Subject to change.
(5) For discussion and illustration purposes only, subject to change.
(6) $3,400 PID Fee per benefited unit as per Development Agreement; total of $2,594,200.
Hilltop Securities Inc. Page 2 of 5 5/17/2023
City of Anna, Texas oanrt Iw duwrMw o.rws.• ty
Meadow Vista Public Improvement District
PROJECTED TAN STATEMENT
Projected Tax Statement
City of Anna
Collin County
Collin County Community College District
Anna Independent School District
Total Tax Rate
Avg. Annual Installment as a Tax Rate Equivalent/Levylu
Total Overlapping Tax Rate Equivalent/Levy plus Special Assessment
Tax Tax
20Z2 Levy on Levy on
Tax $50010110 $60 ow
Rate 50' Home 60' Home
$ 05398 $ 2,698.75 5 3,23850
0.1524 762.22 914.66
0.0812 406.11 487.33
1.4429 7,21.1.50 3,657.40
T 2. 1163 5 11,081.58 $ 13,297.89
$ 0.6899 $ 3,449AS $ 4,139.33
$ 2.9062 $ 14,531.02 $ 17A37.22
(1) Inclusive of principal, Interest, addilonal Interest and admin levies. Targeted Avg. Annual Installment as Tax Rate
Equivalent/Levy $0.69 per 5300.
Q Wa W vmn.ca .c.
Hllitop securities Inc. 5/17/20Z3
City of Anna, T.., o6ar a, um9+v mweP9K,o-4.
Mud. W19 public Impmvamev Dlwl[4
PID BONDS DEBT CA/ACITY
PID 0ondr
terel levy
Addhl.nal
pond
W.'."
Adminb[mllve
TOTAL
Emm 8.11
Year
Prb¢Ipal
Inlewrtlll
L.W'
Lew"
LEW
[Aolmlanr
1
5 439,000
5 2,01,196
5 VT,220
S WOOD
S 1.092,416
S D"99
2
465.000
2.065395
175.015
911800
2.797,120
0. BASS
3
493.000
1.031,860
121,E00
93,636
11797,196
OA696
4
521000
2,008,113
11D,235
95,509
2,297,512
a.""
5
554,D00
1.971.916
162,620
9E,419
21796,955
D"M
6
sss.oO0
1,W5330
lg4AS0
99,367
4797M7
0-6999
t
624,D00
1.910,53
161,910
101,355
2,797,203
06900
B
662,000
1.973,722
156,i90
103,38E
V97.054
0 6900
9
702,000
1.834,664
155.480
105,M9
2,791.599
0 .99
10
145.DD0
1.793,246
151,970
107,558
SA07.ET4
0.6900
11
190,000
LU9,E91
148,245
109,109
1.292,MS
068041,
12
B39,000
Llol 61
144,295
111.90E
217911M
Bow
13
aw'm
1.653,IW
140,100
114.14E
2d97A21
06890
14
945,000
1.6001630
135,650
110,425
2.797,74,
Y,6g99
15
/.ODIDDO
1,A4,91S
130.925
118,751
2397323
0,6999
46
11065,000
1,485,718
125,910
113,129
2,717,776
OAMO
e2
1,130,000
1,422.901
120.585
121,551
2,797,030
0.6590
18
MO0,0DO
13561333
114.935
126,022
4702.1"
0.6138
19
1127S,aoO
I.M.433
1W,935
128,54E
;192.910
0.5/00
20
13S4,0DO
1.210.206
IWAW
131.113
1,M1A81
0.6900
11
11438,000
1,13032E
95,190
113,735
2,791,24E
06M
a
1.522,000
4045.480
88,600
136,410
y292,490
0.6899
23
1,622,000
9SS,382
8D,965
139.138
2,292,490
065911
24
1,223,000
859,669
11,855
141,9E1
y292A65
0.689E
25
1,830,1100
158,03E
64,240
144,159
2.791A31
0.6094
26
1.945,000
650,062
55,1190
147,655
W92,801
0.6900
22
2,066,000
535,30E
45365
150,6C8
2.292.160
06656
E8
2.195,OW
413,413
35,035
153.620
2.797p68
0.6993
29
2333.000
283,908
24,060
156,02
2.E921660
0.6699
30
2.4",000
146.261
12395
159,826
2,29EA02
0 6899
5 35,M4,000
5 41.317,553
5 3,502 335
5 1,651,127
S M925,015
Ill Assumes an Interestrateof 5.9. fmds[usai. P.p.ssOd9,
suV^1to[hull.
121 [al[ubretl et 0596 d Dupta,Wing bonds.
(31 Por llurtration wmoses nnM. su6jectbcnarye titer input lmm plO Adminislrnor. Asswnes
odminiatradveeape
fortsvoimprovement areas.
HJIM SkmHOn Inc
Page 4 of 5
5/17/2023
City of Anna, Texas aRAR mr ee,u„m„ pu,vasu crly
Meadow Vista Public Improvement District
PROJECT IMPACTON THE CITY (AD VALOREM PROPERTY TAXES)
At 2022 Rote
At 20212Rate
Average
Average
City Taxes
City Taxes
Build Out
Build Out
Generated
Generated
No. of Units
Unit Value
Total Value
per Unit
at Build Out
Proposed Single Family Homes 763
$531,455
$405,500,000
$2,869
$2,188,686
Proposed
Proposed
Average
Average
Average
Average
PIO Assessment
PIO Assessment
Build Out
Build Out
Annual Installment
Annual Installment
No. of Units
Unit Value
Total Value
per Unit
at Build Out
Proposed Single Family Homes 763
$531,455
$405.500,000
$3,666
$2,797,501
Hilltop Securities Inc. Page 5 of 5 5/17/2023
2023-2023000081567 07/19/2023 3:04 PM Page 92 of 92
Collin County
Honorable Stacey Kemp
Collin County Clerk
Instrument Number: 2023000081567
eRecording - Real Property
AGREEMENT
Recorded On: July 19, 2023 03:01 PM
Number of Pages: 92
" Examined and Charged as Follows: "
Total Recording: $386.00
*********** 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: Record and Return To:
Document Number: 2023000081567 CSC
Receipt Number: 20230719000520
Recorded Date/Time: July 19, 2023 03:01 PM
User: Abby H
Station: Station 2
STATE OF TEXAS
COUNTY OF COLLIN
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 `"`'�