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HomeMy WebLinkAboutRes 2023-09-1558 Creation of Meadow Vista PIDCERTIFICATE FOR RESOLUTION THE STATE OF TEXAS COLLIN COUNTY CITY OF ANNA We, the undersigned officers of the City of Anna, Texas (the "City"), hereby certify as follows: 1. The City Council (the "Council") of the City convened in a regular meeting on September 26, 2023, at the regular designated meeting place, and the roll was called of the duly constituted officers and members of the Council, to wit: Nate Pike, Mayor Stan Carver II, Council Member Lee Miller, Mayor Pro Tern Pete Cain, Council Member Randy Atchley, Deputy Mayor Pro-Tem Elden Baker, Council Member Kevin Toten, Council Member Ryan Henderson, Interim City Manager Carrie Land, City Secretary and all of said persons were present, except I-' " i aALCLIJ thus constituting a quorum. Whereupon, among other business theollowing was t sacted at said meeting: a written A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING AND CREATING THE MEADOW VISTA PUBLIC IMPROVEMENT DISTRICT IN ACCORDANCE WITH CHAPTER 372 OF THE TEXAS LOCAL GOVERNMENT CODE; RESOLVING OTHER MATTERS INCIDENT AND RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE. was duly introduced for the consideration of the Council. It was then duly moved and seconded that said Resolution be passed; and, after due discussion, said motion, carrying with it the passage of said Resolution, prevailed and carried, with all members of the Council shown present above voting "Aye," except as noted below: NAYS: -*L- ABSTENTIONS:_ 2. A true, full, and correct copy of the aforesaid Resolution passed at the meeting described in the above and foregoing paragraph is attached to and follows this Certificate; said Resolution has been duly recorded in the Council's minutes of said meeting; the above and foregoing paragraph is a true, full, and correct excerpt from the Council's minutes of said meeting pertaining to the passage of said Resolution; the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of the Council as indicated therein; that each of the officers and members of the Council was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the aforesaid meeting, and that said Resolution would be introduced and considered for passage at said meeting, and each of said officers and members consented, in advance, to the holding of said meeting for such purpose; and that said meeting was open to the public, and public notice of the time, place, and purpose of said meeting was given all as required by the Texas Government Code, Chapter 551. 3. The Council has approved and hereby approves the Resolution; and the Mayor and City Secretary hereby declare that their signing of this certificate shall constitute the signing of the attached and following copy of said Resolution for all purposes. SIGNED AND SEALED ON SEPTEMBER 26, 2023. /:VMITIT-1 I Nate Pike, Mayor Carrie Land, City Secretary (SEAL) Signature Page to a Certificate for A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING AND CREATING THE MEADOW VISTA PUBLIC IMPROVEMENT DISTRICT IN ACCORDANCE WITH CHAPTER 372 OF THE TEXAS LOCAL GOVERNMENT CODE; RESOLVING OTHER MATTERS INCIDENT AND RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE r� CITY OF ANNA, TEXAS RESOLUTION NO. '20 23 — Oq — ) 5 r. V A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING AND CREATING THE MEADOW VISTA PUBLIC IMPROVEMENT DISTRICT IN ACCORDANCE WITH CHAPTER 372 OF THE TEXAS LOCAL GOVERNMENT CODE; RESOLVING OTHER MATTERS INCIDENT AND RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Anna, Texas (the "City"), is authorized under Chapter 372 of the Texas Local Government Code, as amended (the "Act"), to create a public improvement district within its City limits or its extraterritorial jurisdiction; and WHEREAS, on August 2, 2023, 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) 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 (the "Petitioner"), submitted and filed with the City Secretary of the City (the "City Secretary ') a petition ("Petition") requesting the establishment of a public improvement district for property within the corporate limits of the City; and WHEREAS, the Petition requested the creation of the Meadow Vista Public Improvement District (the "District"), which District is located within the corporate limits of the City and is more particularly described by metes and bounds in Exhibit A and depicted in Exhibit B (the "Property") each attached hereto and incorporated herein for all purposes; and WHEREAS, the City Council of the City (the "City Council") has investigated and determined that the facts contained in the Petition are true and correct; and WHEREAS, after publishing notice in an official newspaper of general circulation in the City and mailing notice of the hearing, all as required by and in conformity with the Act, the City Council, conducted a public hearing on the advisability of the improvements and services on September 26, 2023; and WHEREAS, the City Council closed the public hearing on the advisability of the improvements and services on September 26, 2023. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS AS FOLLOWS: SECTION 1. The findings set forth in the recitals of this Resolution are found to be true and correct. SECTION 2. The Petition submitted to the City by the Petitioner was filed with the City Secretary and complies with Section 372.005 of the Act. 1 134003280v.3 SECTION 3. Pursuant to the requirements of the Act, including, without limitation, Sections 372.006, 372.009(a), 372.009(b), and 372.010, the City Council, after considering the Petition and the evidence and testimony presented at the public hearing on September 26, 2023, hereby finds and declares: (a) Advisability of the Proposed Improvements. It is advisable to create the District to provide the Authorized Improvements (as defined and described below). The Authorized Improvements are feasible and desirable and will promote the interests of the City and will confer a special benefit on the Property. (b) General Nature of the 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"). (c) Estimated Costs of the Authorized Improvements. The estimated total costs of the Authorized Improvements is $60,000,000, which costs shall be paid by assessment of the property owners within the proposed District. (d) Boundaries of the District. The District is proposed to include approximately 223.154 acres of property generally located east of U.S. Highway 75 and south of E. Country Road 370 and within the corporate limits of the City, as more particularly described in the metes and bounds in Exhibit A attached hereto, and as depicted in Exhibit B attached hereto. (e) Proposed Method of Assessment. The City shall levy assessments on each parcel within the District to pay the cost of the Authorized Improvements in a manner that results in imposing equal shares of the cost on property similarly benefited. Each assessment may be paid in part or in full at any time (including interest), and certain assessments may be paid in annual installments (including interest). If 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 2 , continue for a period necessary to retire the indebtedness on those Authorized Improvements (including interest). (f) Apportionment of Costs. The City will not be obligated to provide any funding to finance the Authorized Improvements, other than from assessments levied on the Property. No City property in the District shall be assessed. The developer of the property (the "Developer") may fund certain costs of the Authorized Improvements from other funds available to the Developer. (g) Management of the District. The District shall be managed 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. (h) Advisory Board. The District shall be managed without the creation of an advisory body. SECTION 4. The Meadow Vista Public Improvement District is hereby authorized and created as a public improvement district under the Act in accordance with the findings of the City Council as to the advisability of the Authorized Improvements contained in this Resolution, the nature and the estimated costs of the Authorized Improvements, the boundaries of the District, the method of assessment, and the apportionment of costs as described herein; and the conclusion that the District is needed to fund such Authorized Improvements. SECTION 5. The City Council hereby authorizes and directs the City Secretary, on or before October 3, 2023, in accordance with the Act, to file a copy of this Resolution authorizing the District with the county clerk of each county in which all or part of the District is located. SECTION b. Effective upon the date of the passage of this Resolution, the District shall be established. SECTION 7. This Resolution is effectively immediately from and after the date of its passage in accordance with law. [Execution page follows] 3 ADOPTED, PASSED, AND APPROVED on this September 26, 2023. CITY OF A E Nate Pike, Mayor ATTEST: Carrie L. Land, City S cretary (CITY SEAL) EXHIBIT A METES AND BOUNDS DESCRIPTION OF THE PROPERTY 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. EXHIBIT B PROPERTY DEPICTION r- 2023 - 2023000113773 10/0312023 11:36 AM Page 1 of 10 CITY OF ANNA, TEXAS RESOLUTION NO. a0 23 - pq - 15 5 `g A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING AND CREATING THE MEADOW VISTA PUBLIC IMPROVEMENT DISTRICT IN ACCORDANCE WITH CHAPTER 372 OF THE TEXAS LOCAL GOVERNMENT CODE; RESOLVING OTHER MATTERS INCIDENT AND RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Anna, Texas (the "Qty"), is authorized under Chapter 372 of the Texas Local Government Code, as amended (the "Act"), to create a public improvement district within its City limits or its extraterritorial jurisdiction; and WHEREAS, on August 2, 2023, 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) 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 (the "Petitioner"), submitted and filed with the City Secretary of the City (the "City Secretary ') a petition ("Petition") requesting the establishment of a public improvement district for property within the corporate limits of the City; and WHEREAS, the Petition requested the creation of the Meadow Vista Public Improvement District (the "District"), which District is located within the corporate limits of the City and is more particularly described by metes and bounds in Exhibit A and depicted in Exhibit B (the "Property") each attached hereto and incorporated herein for all purposes; and WHEREAS, the City Council of the City (the "City Council") has investigated and determined that the facts contained in the Petition are true and correct; and WHEREAS, after publishing notice in an official newspaper of general circulation in the City and mailing notice of the hearing, all as required by and in conformity with the Act, the City Council, conducted a public hearing on the advisability of the improvements and services on September 26, 2023; and WHEREAS, the City Council closed the public hearing on the advisability of the improvements and services on September 26, 2023. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS AS FOLLOWS: SECTION 1. The findings set forth in the recitals of this Resolution are found to be true and correct. SECTION 2. The Petition submitted to the City by the Petitioner was filed with the City Secretary and complies with Section 372.005 of the Act. 134003280v.3 2023 - 2023000113773 10/0312023 11.36 AM Page 2 of 10 SECTION 3. Pursuant to the requirements of the Act, including, without limitation, Sections 372.006, 372.009(a), 372.009(b), and 372.010, the City Council, after considering the Petition and the evidence and testimony presented at the public hearing on September 26, 2023, hereby finds and declares: (a) Advisability of the Proposed Improvements. It is advisable to create the District to provide the Authorized Improvements (as defined and described below). The Authorized Improvements are feasible and desirable and will promote the interests of the City and will confer a special benefit on the Property. (b) General Nature of the 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"). (c) Estimated Costs of the Authorized Improvements. The estimated total costs of the Authorized Improvements is $60,000,000, which costs shall be paid by assessment of the property owners within the proposed District. (d) Boundaries of the District. The District is proposed to include approximately 223.154 acres of property generally located east of U.S. Highway 75 and south of E. Country Road 370 and within the corporate limits of the City, as more particularly described in the metes and bounds in Exhibit A attached hereto, and as depicted in Exhibit B attached hereto. (e) Proposed Method of Assessment. The City shall levy assessments on each parcel within the District to pay the cost of the Authorized Improvements in a manner that results in imposing equal shares of the cost on property similarly benefited. Each assessment may be paid in part or in full at any time (including interest), and certain assessments may be paid in annual installments (including interest). If 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 2 2023 - 2023000113773 10/0312023 11:36 AM Page 3 of 10 continue for a period necessary to retire the indebtedness on those Authorized Improvements (including interest). (f) Apportionment of Costs. The City will not be obligated to provide any funding to finance the Authorized Improvements, other than from assessments levied on the Property. No City property in the District shall be assessed. The developer of the property (the "Developer") may fund certain costs of the Authorized Improvements from other funds available to the Developer. (g) Management of the District. The District shall be managed 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. (h) Advisory Board. The District shall be managed without the creation of an advisory body. SECTION 4. The Meadow Vista Public Improvement District is hereby authorized and created as a public improvement district under the Act in accordance with the findings of the City Council as to the advisability of the Authorized Improvements contained in this Resolution, the nature and the estimated costs of the Authorized Improvements, the boundaries of the District, the method of assessment, and the apportionment of costs as described herein; and the conclusion that the District is needed to fund such Authorized Improvements. SECTION 5. The City Council hereby authorizes and directs the City Secretary, on or before October 3, 2023, in accordance with the Act, to file a copy of this Resolution authorizing the District with the county clerk of each county in which all or part of the District is located. SECTION 6. Effective upon the date of the passage of this Resolution, the District shall be established. SECTION 7. This Resolution is effectively immediately from and after the date of its passage in accordance with law. [Execution page follows] 3 2023 - 2023000113773 10/0312023 11.36 AM Page 4 of 10 ADOPTED, PASSED, AND APPROVED on this September 26, 2023. CITY OF ANN , E 7 Nate Pike, Mayor ATTEST: Carrie L. Land, ity S cretary (CITY SEAL) =— ;I k/ 1HECITYOF Anna `\ TEXAS jol- ��. Ty 2023 - 2023000113773 10/0312023 11:36 AM Page 5 of 10 EXHIBIT A METES AND BOUNDS DESCRIPTION OF THE PROPERTY 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; 2023 - 2023000113773 10/0312023 11:36 AM Page 6 of 10 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 1 2023 - 2023000113773 10/0312023 11:36 AM Page 7 of 10 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: 2023 - 2023000113773 10/0312023 11.36 AM Page 8 of 10 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. 2023 - 2023000113773 10/0312023 11.36 AM Page 9 of 10 EXHIBIT B PROPERTY DEPICTION a b 21, 2023-2023000113773 1010312023 11:41 AM Page 10 of 10 Collin County Honorable Stacey Kemp Collin County Clerk Instrument Number: 2023000113773 eRecording - Real Property RESOLUTION Recorded On: October 03, 2023 11:36 AM Number of Pages: 10 " Examined and Charged as Follows: " Total Recording: $58.00 *********** 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: 2023000113773 CSC Receipt Number: 20231002000669 Recorded Date/Time: October 03, 2023 11:36 AM User: Angela M Station: Workstation cck061 STATE OF TEXAS COUNTY OF COIN 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 `"`'�