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HomeMy WebLinkAboutRes 2023-08-1525 Setting a Public Hearing for Meadow Vista Development PIDCITY OF ANNA, TEXAS RESOLUTION NO. 209Z — 08 — 15 a S A RESOLUTION ACCEPTING A PETITION TO CREATE THE MEADOW VISTA PUBLIC IMPROVEMENT DISTRICT; SETTING A PUBLIC HEARING UNDER SEC. 372.009 OF THE TEXAS LOCAL GOVERNMENT CODE ON THE ADVISABILITY OF THE CREATION OF THE MEADOW VISTA PUBLIC IMPROVEMENT DISTRICT WITHIN THE CITY OF ANNA, TEXAS; AND AUTHORIZING THE ISSUANCE OF NOTICE BY THE CITY SECRETARY OF ANNA, TEXAS REGARDING THE PUBLIC HEARING. WHEREAS, the City of Anna, Texas (the "CiV% is authorized under Chapter 372 of the Texas Local Government Code, as amended (the "Act"), to create a public improvement district within its corporate limits and its extraterritorial jurisdiction; and WHEREAS, on August 2, 2023, Bloomfield Homes, L.P., a Texas limited partnership, the owner of (1) taxable real property representing more than fifty percent (50%) of the appraised value of taxable real property liable for assessment under the proposal, as determined by the current roll of the appraisal district in which the property is located and (2) record owner of real property liable for assessment under the proposal who: (A) constitutes more than fifty percent (50%) of all record owners of property that is liable for assessment under the proposal; or (B) owns taxable real property that constitutes more than fifty percent (50%) of the area of all taxable real property that is liable for assessment under the proposal, within the corporate limits of the City, submitted and filed with the City Secretary of the City (the "City Secretary") a "Petition for Creation of the Meadow Vista Public Improvement District within the City of Anna, Texas" (the "Petition"), attached hereto as Exhibit A and incorporated herein for all purposes, requesting the establishment of the Meadow Vista Public Improvement District (the "District") for the property described in the Petition; and WHEREAS, the Act states that the Petition is sufficient if signed by owners of more than fifty percent (50%) of the taxable real property, according to appraised value, and either of the following: more than fifty percent (50%) of the area of all taxable real property liable for assessment under the proposal, or more than fifty percent (50%) of all record owners of property liable for assessment; and WHEREAS, the Act further requires that prior to the adoption of the resolution creating the District, the City Council of the City (the "City Council") must hold a public hearing on the advisability of the improvements, the nature of the improvements contemplated, the estimated costs of the improvements, the boundaries of the District, the method of assessment, and the apportionment, if any, of the costs between the District and the City. WHEREAS, the City Council of Anna, Texas (the "City Council") will hold a public hearing in accordance with Section 372.009 of the Act regarding the advisability of establishing the District, the nature of the improvements contemplated, the estimated costs of the improvements, the boundaries of the District, the method of assessment, and the apportionment, if any, of the costs; and WHEREAS, in order to hold a public hearing for the creation of a public improvement district, notice must be: (i) published in a newspaper of general circulation in the City, and (ii) mailed 134006978v.2 to the address of each owner of property located in the proposed District, as reflected on the tax rolls, before the fifteenth (15t') day before the date of the hearing in accordance with the Act; and WHEREAS, it is hereby officially found and determined that the meeting at which this Resolution was considered was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code, as amended. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1: The findings set forth in the recitals of this Resolution are found to be true and correct and are hereby approved and incorporated by reference as though fully set forth herein. Section 2: City staff reviewed the Petition attached hereto as Exhibit A and determined that the same complied with the requirements of the Act, and the City Council accepts the Petition. The Petition is filed with the office of the City Secretary and is available for public inspection. Section 3: The City Council calls a public hearing to be scheduled at or after 6:00 p.m. on September 26, 2023, to be held at Anna Municipal Complex — Council Chambers, 120 W. 7th Street, Anna, Texas 75409 or such other location as designated by the City and issued pursuant to the form of the Notice (hereinafter defined) attached hereto as Exhibit B, for the purpose of hearing public testimony with respect to the advisability of establishing the District, the nature of the improvements contemplated, the estimated costs of the improvements, the boundaries of the District, the method of assessment, and the apportionment, if any, of the costs. Section 4: At such time and place the City Council will hear testimony regarding the creation of the proposed public improvement district and the City Council may, within its sole discretion, consider the adoption of a resolution authorizing the creation of the proposed public improvement district. Section 5: Attached hereto as Exhibit B is a form of the Notice of Public Hearing (the "Notice'), the form and substance of which is hereby adopted and approved; provided that the Notice may be updated as determined necessary by the City to comply with the Act. Section 6: The City Council hereby authorizes and directs the City Secretary, on or before September 10, 2023, in accordance with the Act, to: (a) publish notice of the public hearing in a newspaper of general circulation in the City; and, (b) mail notice of the public hearing to the owners of property located in the proposed District as reflected on the tax rolls. Section 7: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the City Council hereby determines that it would have adopted this resolution without the invalid provision. Section 8: This Resolution shall be in full force and effect from and after its passage, and it is accordingly so resolved. [Remainder ofpage left blank intentionally.] 2 PASSED AND APPROVED ON THIS August 22, 2023. Carrie L. Land, City Secretary EXHIBIT A PETITION FOR CREATION EXHIBIT B CITY OF ANNA, TEXAS NOTICE OF PUBLIC HEARING REGARDING THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT Pursuant to Section 372.009(c) and (d) of the Texas Local Government Code, as amended (the "Act"), notice is hereby given that the City Council of the City of Anna, Texas ("Ciff"), will hold a public hearing to accept public comments and discuss the petition (the "Petition"), filed by Bloomfield Homes, L.P., a Texas limited partnership (the "Owner"), requesting that the City create the Meadow Vista Public Improvement District (the "District") to include property owned by the Owner and further described herein (the "Pro a "). Time and Place of the Hearing. The public hearing will start at or after 6:00 p.m. on September 26, 2023 at Anna Municipal Complex — Council Chambers, 120 W. 7th Street, Anna, Texas 75409. General Nature of the Proposed Authorized Improvements. The general nature of the proposed public improvements to be provided by the District that are necessary for the development of the Property within the District and which shall promote the interests of the City and confer a special benefit upon the Property, may include: (i) street, roadway and sidewalk improvements, including related drainage, utility relocation, signalization, landscaping, lighting, signage, off-street parking and right-of-way; (ii) drainage improvements and facilities; (iii) parks, trails and recreational facilities improvements; (iv) projects similar to those listed above authorized by the Act, including similar off -site projects that provide a benefit to the Property within the District; (v) acquisition of real property, interests in real property, or contract rights in connection with each Authorized Improvement; (vi) payment of costs, including, without limitation, design, engineering, permitting, legal, required payment, performance and maintenance bonds, bidding, support, construction, construction management, administrative and inspection costs, associated with developing and financing the public improvements listed in (i) through (v) above; (vii) payment of costs associated with operating and maintaining the public improvements listed in (i) through (v) above; (viii) payment of costs of establishing, administering, and operating the District, as well as the interest, costs of issuance, reserve funds, or credit enhancement of bonds issued for the purposes described in (i) through (viii) above (collectively, the "Authorized Improvements"). Estimated Cost of the Authorized Improvements. The estimated cost to design, acquire and construct the Authorized Improvements, together with bond issuance costs, eligible legal and financial fees, eligible credit enhancement costs and eligible costs incurred in establishment, administration and operation of the District is not to exceed $60,000,000. Proposed District Boundaries. The District is proposed to include approximately 223.154 acres of land generally located east of U.S. Highway 75 and south of E. Country Road 370, located within the corporate limits of the City and as more particularly described by a metes and bounds description available at the Anna Municipal Complex located 120 W. 7th Street, Anna, Texas 75409 and available for public inspection during regular business hours. Proposed Method of Assessment. The City shall levy assessments on each parcel within the District in a manner that results in imposing equal shares of the costs on property similarly benefited. All assessments may be paid in full at any time (including interest and principal), and certain assessments may be paid in annual installments (including interest and principal). If an assessment is allowed to be paid in installments, then the installments must be paid in amounts necessary to meet annual costs for those Authorized Improvements financed by the assessment, and must continue for a period necessary to retire the indebtedness issued to finance or refinance those Authorized Improvements (including interest). Proposed Apportionment of Cost between the District and the City. The City will not be obligated to provide any funds to finance the Authorized Improvements, other than from assessments levied on real property within the District. No municipal property in the District shall be assessed. The Owner may also pay certain costs of the improvements from other funds available to it as developer of the District. During the public hearing, any interested person may speak for or against the establishment of the District and the advisability of the improvements to be made for the benefit of the property within the District. PETITION FOR CREATION OF THE MEADOW VISTA PUBLIC IMPROVEMENT DISTRICT WITHIN THE CITY OF ANNA, TEXAS TO THE HONORABLE MAYOR AND CITY COUNCIL, CITY OF ANNA, TEXAS: COMES NOW Bloomfield Homes, L.P., a Texas limited partnership ("Petitioner"), the owner of certain taxable real property, and pursuant to Chapter 372 of the Texas Local Government Code, as amended (the "Act"), hereby petitions the City of Anna, Texas ("City") to establish the Meadow Vista Public Improvement District to include property owned by the Petitioner and located within the corporate limits of the City (the "District"). In support of same, Petitioner would respectfully show the following: I. The boundaries of the proposed District are set forth in Exhibit A attached hereto and incorporated by reference herein. II. The general nature of the proposed public improvements to be provided by the District that are necessary for the development of the Property within the District and which shall promote the interests of the City and confer a special benefit upon the Property, may include: (i) street, roadway and sidewalk improvements, including related drainage, utility relocation, signalization, landscaping, lighting, signage, off-street parking and right-of-way; (ii) drainage improvements and facilities; (iii) parks, trails and recreational facilities improvements; (iv) projects similar to those listed above authorized by the Act, including similar off -site projects that provide a benefit to the Property within the District; (v) acquisition of real property, interests in real property, or contract rights in connection with each Authorized Improvement; (vi) payment of costs, including, without limitation, design, engineering, permitting, legal, required payment, performance and maintenance bonds, bidding, support, construction, construction management, administrative and inspection costs, associated with developing and financing the public improvements listed in (i) through (v) above; (vii) payment of costs associated with operating and maintaining the public improvements listed in (i) through (v) above; (viii) payment of costs of establishing, administering, and operating the District, as well as the interest, costs of issuance, reserve funds, or credit enhancement of bonds issued for the purposes described in (i) through (viii) above (collectively, the "Authorized Improvements"). The estimated total cost of the proposed Authorized Improvements is $250,000,000. FLU The City shall levy assessments on each parcel within the District in a manner that results in imposing equal shares of the costs on property similarly benefited. Each assessment may be paid in part or in full at any time (including interest), and certain assessments may be 133701081 v.1 paid in annual installments (including interest). If the City allows an assessment to be paid in installments, then the installments must be paid in amounts necessary to meet annual costs for those Authorized Improvements financed by the assessment and must continue for a period necessary to retire the indebtedness on those Authorized Improvements (including interest). V. The City will not be obligated to provide any funding to finance the Authorized Improvements, other than from assessments levied in the District. No City property in the District shall be assessed. The Petitioner may fund certain improvements from other funds available to the Petitioner. VI. The management of the District will be by the City, with the assistance of one or more consultants, who shall, from time to time, advise the City regarding certain operations of the District. VII. The person or entity (through authorized representatives) signing this Petition concurs with the establishment of the District and has the corporate authority to execute and deliver the Petition. VIII. The Petitioner proposes the District be established and managed without the creation of an advisory board. However, if an advisory board is created, the Petitioner requests a representative of the Petitioner be appointed to the advisory board. K4 The person or entity (through authorized representatives) signing this Petition is also owner of taxable real property representing more than fifty percent (50%) of the appraised value of taxable real property liable for assessment under the proposal as determined by the current roll of the appraisal district in which the property is located; and the record owner of real property liable for assessment under the proposal who (a) constitutes more than fifty percent (50%) of all record owners of property that is liable for assessment under the proposal, and (b) owns taxable real property that constitutes more than fifty percent (50%) of the area of all taxable real property that is liable for assessment under the proposal. X. This Petition will be filed with the City Secretary, City of Anna, Texas, in support of the creation of the District by the City Council of the City as herein provided. 2 EXECUTED on this July 24 2023. PETITIONER BLOOMFIELD HOMES, L.P., a Texas limited partnership By: Bloomfield Properties, Inc., a Texas corporation, its GRnerll Partner By: V✓ Donald J. Dvkst 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 IN 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.