HomeMy WebLinkAbout2006-11-14 Regular Meeting PacketITEM 6: Consider/Discuss/Action regarding recommendation from P & Z for
the Preliminary Plat for Park Place Addition.
Park Place Addition is a 51 acre tract located on the south side of W. White Street (FM
455), bounded on the west by Throckmorton Creek on the west and Oak Hollow Estates
on the east. A location map is attached.
The property owner/developer proposes a single family residential subdivision of 136
residential lots and one park/open space lot. The property is zoned for single family
residential uses.
The Planning and Zoning Commission has reviewed the plat on November 7 and has
recommended approval of the plat by a vote of 6 -0.
The primary staff concern regarding development of the property is the tree preservation
issue. The property contains significant wooded areas that must be considered under
the terms of our Tree Preservation Ordinance. The developer has conducted a tree
survey of the property which has been reviewed by staff.
After considerable study and discussion with representatives of the developer, we have
developed what we believe to be a satisfactory and reasonable plan for tree preservation
and replacement that satisfies the spirit of the tree preservation ordinance and also
serves to meet some other City needs. The key City need addressed in this agreement
is providing trees and shrubs for park areas that would otherwise involve expenditure of
City funds and staff time. A copy of the agreement is attached.
The owner/developer also requests variances from subdivision regulations relating to
radial lot lines (Block 4, Lots 18, 19, 20, 28, 29, 34-38 and Block 5, Lots 11, 12, 13, 15,
16) and 100' tangent between reverse curve (curves C2 through C5 and C16 through
C20). The requested variances are noted on the plat and the staff has no objection to
granting the variances.
Staff requests that any motion to approve the plat also include acceptance of the Tree
Preservation Agreement as part of the plat approval.
1
VARIANCES TO SUBDIVISION RULES & REGULATIONS SHEET INDEX
BAOIPL OI _T LES SHEET DESCRIPTION
.,..r�.. • �,� BLOCK a; I OTS 16 THRU 20, 28, 29, 34 THRU 381 SITE P ...... PLAN 1
BLOCK 5; LOTS 11 THRU 13, 15 & 16 2 SITE PLAN 2
�x 3 UTILITY PLAN 1
{ Z' rwy �•„` •` 100' TAN, NT HETWEEN REVERSE CURVES 4 UTILITY PLAN 2
5 DRAINAGE STUDY 1
CURVES C2 THRU C6, C16 THRU C20 6 DRAINAGE STUDY 2
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RH OF TEXAS, L.P. `t
VARIANCES TO SUBDIVISION RULES & REGULATIONS
RADIAL.LOT I -IN
BLOCK 4; LOTS 16 THRU 20, 28, 29, 34 THRU 38
BLOCK 5; LOTS 11 THRU 13, 15 & 16
10(11 TANGENT BEMEEN REVERSE
CURVES C2 1'HRU C6, C16 THRU C20
OWNER:
MERLIN, INC.
3020 LEGACY DR.
PLANO. TX 75023
PH. 469.916.1628
ESCROW FUND
= 207 S.Y. PAVEMENT & 53 S.Y. SIDEWALK, FUNDS FOR THESE QUANTITIES SHALL
RF PLACED INTO AN ESCROW ACCOUNT FOR CONSTRUCTION AT A LATER DATE OR WITH
THE CONSTRUCTION OF THE NEIGHRORINO RIIRnlVRlnN Mwn AUN INT wn A,—
TABLE
JG. t
'04-
N
SCALE
1' = 80'
ONE INCH
Tree Mitigation for Park Place, Residential
Development in Anna, Texas
11-8-06
This document serves to define tree mitigation for the Park Place subdivision and makes
several references to the Tree Survey. The following terms shall serve to satisfy the Tree
Ordinance for the City of Anna:
1) Quality trees to be protected exist only within the five foot strip on the Eastern property line
represented by Grids A, D, G, J, M, P, S, V and the area within approximately 120 feet of the
centerline of the natural drainage swale flowing east to west within areas Q, R, T and U.
2) All quality trees removed within the five foot strip on the eastern property line within Grids
A, D, G, J, M, P, S, V shall be replaced on-site with an equal number of newly planted
replacement trees.
3) All quality trees within approximately 120 feet of the centerline of the natural drainage
swale to be removed within Grids Q, R, T and U of the Tree Survey are protected and shall be
replaced with no more than five -hundred (500) caliper inches of newly planted replacement trees
if all are planted on-site. The species of replacement trees on-site shall be determined by the
Owner of Park Place subdivision and on the approved plant list of the City Tree Ordinance.
4) Of the (500) caliper inches of trees, one hundred and fifty (150) caliper inches must be
planted on-site. The remaining three hundred and fifty (350) caliper inches to be planted on-site
may be substituted by one -hundred and seventy-five (175) caliper inches planted within City Park
land as specified by the City and are hereafter referred to as Park Trees.
5) All Park Trees must be planted in City Parks. All Park Trees may be an equal distribution of
five (5) different species of shade and/or ornamental trees listed on the approved tree list of the
City Tree Ordinance. Species of Park Trees shall be coordinated between the Owner of Park
Place subdivision and the City. Tree replacement for this area is therefore constrained to a
maximum of (500) caliper inches and a minimum of 325 caliper inches (If 175 caliper inches are
planted in City Parks.
6) The replacement trees are up and beyond the tree requirements for each lot.
7) The fulfillment of the Tree mitigation shall be resolved prior to the filing of the first final plat
of the Park Place Addition with the County.
Execution of the Owner responsibilities listed above shall fully satisfy the requirements of the
Tree Ordinance for the City of Anna. All parties agree that the above resolution is complete and
may not be modified for any purpose after acceptance of these terms.
ACCEPTED
City Administrator Date
Landscape Administrator Date
Owner of Park Place subdivision Date
ITEM 7: Consider/Discuss/Action on recommendation from P & Z
Commission regarding the Final Plat for Anna Center.
Anna Center is a 26.984 acre tract located at the southeast corner of the intersection of
W. White Street (FM 455) CR 367 (Ferguson Parkway). The proposed plat consists of
four commercial lots. A location map is attached.
The property owner/developer proposes to develop the approximately northern 13 acres
of the property as a retail/commercial center and the approximately 12 acre southern
part of the tract as office or possibly day care uses. An approximately five acre open
space area to be dedicated to the City has been proposed along a drainage way that
separates the northern 13 acres from the southern 12 acres. Upon acceptance of the
open space area the southern 12 acre tract would be replatted to remove the open
space area from Lot 4, Block A.
The property is zoned as a General Commercial C-2 district.
The Planning and Zoning Commission has reviewed the plat on November 7 and has
recommended approval of the plat by a vote of 6 -0.
The plat has been reviewed by City staff, the City's consulting engineer, and the City's
planning consultant, as well as the standard list of potentially interested parties to whom
we customarily send plats for review and comment. No adverse comments or questions
have been received. We recommend approval of the plat.
VICINITY MAP
SUBJECT
OAK HOLLOW ESTATES
PHASE 1
CABINET N, PG. 647
APPROXIMATE LOCATION OF
CENTERLINE OF 10' WATER ESMT.
SOUTH GRAYSON WATER SUPPLY -
VOL 709, PG. 898
L
ANNA
-N-
--EENTEILINE R.O.W.-N
E.'TERY
64.53
-S
ChB
60' R,
BY TI-
(1.87-,
272-98"
S87"49'06"W
0
OWNER'S DEDICAnON
NOW, THEREFORE KNOW ALL MEN BY THESE PRESENTS:
That ANNA CENTER LTD. AND BROOKSHIRE GROCERY COMPANY, do hereby adopt this plot
designating the hereirobove described property as ANNA CENTER of the Joseph Schluter
Survey, Abstract No. 855, an addition to the City of Anna, Collin County, Texas, and do
hereby dedicate to the public use forever the streets and allays thereon; and does hereby
dedicate the easement strips shown on the plot for mutual use and accommodation of all
public utilities desirling to use, or using some. No buildings, fences, trees, shrubs, or other
improvements shall be constructed or placed upon, over, or across the easement strips a.
said plat Any public utility shall have the eight to remove and keep removed .11 or part
of any b�jldinga, fences, trees, shrubs. or other improvements. or growths, which in any
way endanger or interfere with the construction, maintenance, or efficiency of its respective
system on any of these easement strips, and any public utility shall at all times have the
f 1 9
right , i so or gress to and from and upon cny,sci� easements for the purpose of
. st.ct��, r*
an , g, reconstructing, inspecting, patrolling. main aining, and adding to or removing
all or port of its respective system without the necessity at any time of procuteing the
permi-lon of aryric.
Witr— my hand this — day of — 2006
Authorized signature
(Ann. Center, Ltd.)
State of Texas
County of Collin
Before me, the undersigned authority, a notary public in and for the State of Texas. an
this day personally appeared — known to me to be the person whose
name is subscribed for the purpose and consideration therein expressed.
Given under my hand and seal of office, this — day of — 2006
Notary public for the state of Texas
My commission expires;—
Witness my hand this — day of — 2006
.......... .... cry '.mp..yj
State of Texas
County of Collin
Before me, the undersigned authority, a notary public in and for the State of Texas, on
this d9y personally app red — known to me to be the p—n whose
nom
c is subscribed for the purpose and consideration therein expressed.
Given under my hand and seal of office, this — day of � 2006
Notary public for the state of Texas
My commission expires,—
CERTIFICATE OF ACCEPTANCE
Approved this — day of —
2006, by the City C ... oil of the City of Anne, Texas.
Mayor
City Secretary
FINAL PLAT
E
ANNA CENTER
26.964 ACRES OUT OF THE
JOSEPH SCHLUTER SURVEY, ABSTRACT NO. 856
CITY OF ANNA, COLLIN COUNT'Y� TEXAS
ANNA CENTER, LTD. OWNER/DEVELOPER
5500 Preston Road, Suite 370
Dcilas� Texas 75205
BROOKSHIRE GROCERY COMPANY OWNER/DEVELOPER
1600 WSW Loop 323
Tyler, Texas 75701
JONES & BOYD, INC. SURVEYOR/ENGINEER 2
17D90 Dallas Parkway, Suite 200
Dallas, Texas 75248 (972)248-7676
NOVEMBER 02, 2006 Sheet 1 of 1
70' R.O.W. DEDICATION
c'
04 1
BY THIS PLAT ---
I
(1.877 ACRES)
it
150,
70.*
.1
0!
�O.
EASEMENT TO COLLIN
COUNTY, TEXAS FOR ---J
COUNTY ROAD 367 1
17-
>-
VOL 4243, PG. 3348 1
IT
1 114 -
JOHN H. RATTAN
11
I
CC# 96-0024888
to
I
1
D.R.C.C.T.
r-
I.W
It
0
1/2 -IRF
I
R=700.00'
LU
L=242.46'
PROPOSED 120' ROW
T=122.45'
PER CITY OF ANNA,
11 1 1
Ch=241.251---_! I"
TEXAS
E.'TERY
64.53
-S
ChB
60' R,
BY TI-
(1.87-,
272-98"
S87"49'06"W
0
OWNER'S DEDICAnON
NOW, THEREFORE KNOW ALL MEN BY THESE PRESENTS:
That ANNA CENTER LTD. AND BROOKSHIRE GROCERY COMPANY, do hereby adopt this plot
designating the hereirobove described property as ANNA CENTER of the Joseph Schluter
Survey, Abstract No. 855, an addition to the City of Anna, Collin County, Texas, and do
hereby dedicate to the public use forever the streets and allays thereon; and does hereby
dedicate the easement strips shown on the plot for mutual use and accommodation of all
public utilities desirling to use, or using some. No buildings, fences, trees, shrubs, or other
improvements shall be constructed or placed upon, over, or across the easement strips a.
said plat Any public utility shall have the eight to remove and keep removed .11 or part
of any b�jldinga, fences, trees, shrubs. or other improvements. or growths, which in any
way endanger or interfere with the construction, maintenance, or efficiency of its respective
system on any of these easement strips, and any public utility shall at all times have the
f 1 9
right , i so or gress to and from and upon cny,sci� easements for the purpose of
. st.ct��, r*
an , g, reconstructing, inspecting, patrolling. main aining, and adding to or removing
all or port of its respective system without the necessity at any time of procuteing the
permi-lon of aryric.
Witr— my hand this — day of — 2006
Authorized signature
(Ann. Center, Ltd.)
State of Texas
County of Collin
Before me, the undersigned authority, a notary public in and for the State of Texas. an
this day personally appeared — known to me to be the person whose
name is subscribed for the purpose and consideration therein expressed.
Given under my hand and seal of office, this — day of — 2006
Notary public for the state of Texas
My commission expires;—
Witness my hand this — day of — 2006
.......... .... cry '.mp..yj
State of Texas
County of Collin
Before me, the undersigned authority, a notary public in and for the State of Texas, on
this d9y personally app red — known to me to be the p—n whose
nom
c is subscribed for the purpose and consideration therein expressed.
Given under my hand and seal of office, this — day of � 2006
Notary public for the state of Texas
My commission expires,—
CERTIFICATE OF ACCEPTANCE
Approved this — day of —
2006, by the City C ... oil of the City of Anne, Texas.
Mayor
City Secretary
FINAL PLAT
E
ANNA CENTER
26.964 ACRES OUT OF THE
JOSEPH SCHLUTER SURVEY, ABSTRACT NO. 856
CITY OF ANNA, COLLIN COUNT'Y� TEXAS
ANNA CENTER, LTD. OWNER/DEVELOPER
5500 Preston Road, Suite 370
Dcilas� Texas 75205
BROOKSHIRE GROCERY COMPANY OWNER/DEVELOPER
1600 WSW Loop 323
Tyler, Texas 75701
JONES & BOYD, INC. SURVEYOR/ENGINEER 2
17D90 Dallas Parkway, Suite 200
Dallas, Texas 75248 (972)248-7676
NOVEMBER 02, 2006 Sheet 1 of 1
c'
04 1
60.
I
it
150,
6(
0!
�O.
EASEMENT TO COLLIN
COUNTY, TEXAS FOR ---J
COUNTY ROAD 367 1
17-
>-
VOL 4243, PG. 3348 1
(TO BE ABANDONED)
<
a.
IT
z
0
1/2 -IRF
En
R=700.00'
LU
L=242.46'
T=122.45'
ChB=N09*32"l�"E
11 1 1
Ch=241.251---_! I"
E.'TERY
64.53
-S
ChB
60' R,
BY TI-
(1.87-,
272-98"
S87"49'06"W
0
OWNER'S DEDICAnON
NOW, THEREFORE KNOW ALL MEN BY THESE PRESENTS:
That ANNA CENTER LTD. AND BROOKSHIRE GROCERY COMPANY, do hereby adopt this plot
designating the hereirobove described property as ANNA CENTER of the Joseph Schluter
Survey, Abstract No. 855, an addition to the City of Anna, Collin County, Texas, and do
hereby dedicate to the public use forever the streets and allays thereon; and does hereby
dedicate the easement strips shown on the plot for mutual use and accommodation of all
public utilities desirling to use, or using some. No buildings, fences, trees, shrubs, or other
improvements shall be constructed or placed upon, over, or across the easement strips a.
said plat Any public utility shall have the eight to remove and keep removed .11 or part
of any b�jldinga, fences, trees, shrubs. or other improvements. or growths, which in any
way endanger or interfere with the construction, maintenance, or efficiency of its respective
system on any of these easement strips, and any public utility shall at all times have the
f 1 9
right , i so or gress to and from and upon cny,sci� easements for the purpose of
. st.ct��, r*
an , g, reconstructing, inspecting, patrolling. main aining, and adding to or removing
all or port of its respective system without the necessity at any time of procuteing the
permi-lon of aryric.
Witr— my hand this — day of — 2006
Authorized signature
(Ann. Center, Ltd.)
State of Texas
County of Collin
Before me, the undersigned authority, a notary public in and for the State of Texas. an
this day personally appeared — known to me to be the person whose
name is subscribed for the purpose and consideration therein expressed.
Given under my hand and seal of office, this — day of — 2006
Notary public for the state of Texas
My commission expires;—
Witness my hand this — day of — 2006
.......... .... cry '.mp..yj
State of Texas
County of Collin
Before me, the undersigned authority, a notary public in and for the State of Texas, on
this d9y personally app red — known to me to be the p—n whose
nom
c is subscribed for the purpose and consideration therein expressed.
Given under my hand and seal of office, this — day of � 2006
Notary public for the state of Texas
My commission expires,—
CERTIFICATE OF ACCEPTANCE
Approved this — day of —
2006, by the City C ... oil of the City of Anne, Texas.
Mayor
City Secretary
FINAL PLAT
E
ANNA CENTER
26.964 ACRES OUT OF THE
JOSEPH SCHLUTER SURVEY, ABSTRACT NO. 856
CITY OF ANNA, COLLIN COUNT'Y� TEXAS
ANNA CENTER, LTD. OWNER/DEVELOPER
5500 Preston Road, Suite 370
Dcilas� Texas 75205
BROOKSHIRE GROCERY COMPANY OWNER/DEVELOPER
1600 WSW Loop 323
Tyler, Texas 75701
JONES & BOYD, INC. SURVEYOR/ENGINEER 2
17D90 Dallas Parkway, Suite 200
Dallas, Texas 75248 (972)248-7676
NOVEMBER 02, 2006 Sheet 1 of 1
ITEM 8: Consider/Discuss/Action on P & Z recommendation regarding site
plan for Anna Center (Underwood Financial, LTD).
Anna Center is a 26.984 acre tract located at the southeast corner of the intersection of
W. White Street (FM 455) CR 367 (Ferguson Parkway). The proposed site plan consists
of four commercial lots. A location map is attached.
The property owner/developer proposes to develop the approximately northern 13 acres
of the property as a retail/commercial center and the approximately 12 acre southern
part of the tract as office or possibly day care uses. The property is zoned as a General
Commercial C-2 district.
The Planning and Zoning Commission has reviewed the site plan on November 7 and
has recommended approval of the site plan by a vote of 6 -0.
The site plan has been reviewed by City staff, the City's consulting engineer, and the
City's planning consultant. The site plan is generally consistent with City ordinances.
We recommend approval of the site plan.
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DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS, AND
[name of developer]
This Development Agreement (the "Agreement") is made and entered into as of the
day of , 200 by the CITY OF ANNA, TEXAS
(the "City"), a home -rule municipality in Collin County, Texas, acting by and through its
governing body, the City Council of the City of Anna, Texas, and Anna Center, Ltd, a
Texas limited Partnership organized under the laws of The State of Texas, (the
"Developer").
BACKGROUND
The Developer owns or controls approximately 27 acres of land in Collin County, Texas,
located within the City's municipal boundaries and described in the attached Exhibit "A"
(the "Property"). A vicinity map of the Property is attached as Exhibit "A-1."
The City wishes to provide for the orderly, safe, healthful and economically beneficial .
development of land within the City's municipal boundaries and surrounding areas as
provided in Chapters 211 and 212, Texas Local Government Code, and to the extent
provided by other law or exercised under its police powers as a home -rule municipality.
The City and Developer desire that the Property be developed into a high quality
master -planned development; however, the Developer represents that securing the
financing for the purchase and development of the Property requires an agreement
providing for long-term certainty in regulatory requirements and development standards
by the City regarding the Property.
The City and the Developer desire to obtain the benefits of certainty and predictability
that can be provided by a development agreement.
It is the intent of this Agreement to establish certain restrictions and commitments
imposed and made in connection with—but not as a condition of approval of—the
development of the Property. The City and the Developer are proceeding in reliance on
the enforceability of this Agreement.
For and in consideration of the mutual agreements, covenants, and conditions in this
Agreement, and other good and valuable consideration, the City and the Developer
agree as follows:
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS, AND [name of developer]
Page 1 of 14
ARTICLE 1
DEFINITIONS
Section 1.01 Terms. Unless the context requires otherwise, and in addition to the
terms defined above, the following terms and phrases used in this Agreement must
have the meanings set out below:
City means the City of Anna, Texas.
City Council means the City Council of the City or any successor governing body.
County means Collin County, Texas.
Developer means and includes [name of developer], individually and collectively, and
any future owner of any portion of the Property who acquires same for the purpose of
development and resale.
Development Ordinance means City of Anna Ordinance No. 164-2004, passed and
approved by the City Council on November 23, 2004, which changes the zoning of the
Property to C-2 General Commercial and establishes additional conditions for the
development of the Property, in the form attached to this Agreement as Exhibit "B" and
not including any future amendments or changes.
Person means any individual, partnership, association, firm, trust, estate, public or
private corporation, or any other legal entity whatsoever.
Planning Commission means the Planning and Zoning Commission of the City.
Private Improvements means any improvements to the Property that are not Public
Improvements.
Property means approximately 27 acres of real property owned Developer, located
located south of FM 455, and east of County Road 367, and described in the attached
Exhibit A.
Public Improvements means any improvements for drainage or other utilities on the
Property, but for the purposes of this Agreement does not include the Thoroughfare
Road Segment that is the subject of Section 2.03.
Subdivision Ordinance means the City's subdivision ordinance and other land -use
regulations of the City applicable to the development of the Property, effective as of the
effective date of this Agreement as first recited above.
TCEQ means the Texas Commission on Environmental Quality and its successors
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS, AND [name of developer]
Page 2 of 14
TXDOT means the Texas Department of Transportation.
Utility Services means service for residential or commercial use to provide water,
wastewater, drainage or other similar services.
ARTICLE II
PLATTING, THOROUGHFARE, PARKS AND OTHER DEVELOPMENT FEATURES
Section 2.01 Introduction. The Property is to be developed as a master -planned,
commercial -use development. The areas shown in platting must be limited to those
uses permitted by Section 16 of the Zoning Ordinance of the City, C-2 General
Commercial. Developer may not permit any noxious or offensive activity to be
conducted upon the Property, which necessarily includes, but is not limited to, sexually
oriented businesses.
Section 2.02 Platting. The Developer is required to plat any subdivision of the
Property in accordance with the City's Subdivision Ordinance and this Agreement.
Notwithstanding any other term of this Agreement, the subdivision plat(s) is subject to
review and approval of the Planning Commission and City Council, in accordance with
the requirements and procedures and planning standards of the City.
Section 2.03 Thoroughfare Road Segment. The City and the Developer agree as set
forth in this Section to jointly fund the construction of a particular segment of a major
thoroughfare road contiguous to the Property referenced as "the Thoroughfare Road
Segment." The Thoroughfare Road Segment is a part of a road known as "County
Road 367", which is included in the City's Thoroughfare Plan. The Thoroughfare Road
Segment consists of the eastern half of a four -lane concrete roadway, said roadway
being 25 feet width from back of curb to back of curb. The Thoroughfare Road
Segment is described in Exhibit B. The City and the Developer acknowledge that the
completion of the Thoroughfare Road Segment will benefit both the Developer and the
general public. The City and the Developer acknowledge that the term "construction
costs" in this section includes engineering, associated geotechnical services, surveying
and staking, actual street construction, including associated drainage improvements,
and inspection services.
With regard to the Thoroughfare Road Segment, the City and Developer agree that:
(a) Developer will have no responsibility for the cost of road improvements for
County Road 367, other than a financial contribution of $38,400—which
represents 40% of the estimated construction costs of the Thoroughfare
Road Segment—regardless of the actual construction costs. City will
accept and be responsible for all design and construction of lighting and
landscaping and all other proposed road improvements for County Road
367 and associated facilities;
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS, AND [name of developer]
Page 3 of 14
(b) the Developer shall pay to the City the referenced $38,400 amount within
30 days after submission by the City to the Developer of an invoice for
services or work completed;
(c) City agrees that it will work to obtain a traffic signal at the intersection of
FM 455 and CR 367, including requesting permission from TXDOT, and
City agrees to install the signal at the earliest possible date. It is the intent
of the parties herein that the cost for this signal light be shared equally
between the Developer, and the City. Developer agrees to escrow
required funds for the traffic signal within 30 days of TXDOT approval of
the signal. City will make all reasonable efforts to insure that property
owners adjacent to the signal light intersection pay equal shares of the
cost of construction of this signal light.
(d) Upon final plat recordation, the Developer will dedicate the Thoroughfare
Road Segment forever to the public.
Section 2.04. Road Dedication. Developer agrees to dedicate additional right-of-way
for County Road 367, as shown on the site plan Exhibit C, to provide an ultimate width
of 120 feet. Developer further agrees to dedicate 20 feet of right-of-way for FM 455 to
accommodate widening of the existing road. It is further agreed that all right-of-way
shall be dedicated by separate instrument.
Section 2.04. Park Dedication. Developer agrees to dedicate approximately 5.26
acres of land to the City parks department generally located along the existing creek
and identified on the attached Exhibit D, such dedication to take place upon filing of the
final plat.
Section 2.05. Other Road Improvements.
(a) City and Developer hereby agree that the City will widen FM 455 as
required to accommodate dedicated left turn lanes into the main entrance
to the Town Center and to County Road 367, as such time as required by
TXDOT. The City will also install a deceleration lane for eastbound traffic
to turn into the main entrance, if required by TXDOT.
(b) City and Developer hereby agree that all access points along FM 455 and
County Road, 367, as shown on the site plan Exhibit "B", have been
approved by City (subject to TXDOT approval on 455) and are subject to
no modification in the future without specific written permission and
consent of all parties sharing or owning those proposed access points.
Future additional curb cuts (and median breaks, if applicable) may be
obtained, provided they meet the regulations and standards of the City of
Anna and the Texas Department of Transportation at the time of
permitting.
Section 2.06. Lighting and Signage.
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS, AND [name of developer]
Page 4 of 14
(a) City and Developer hereby agree that site lighting requirements for this
project will comply with the Master Lighting Plan, attached as Exhibit "C".
Maximum height of site lighting poles is 35' above grade.
(b) City and Developer hereby agree that Developer has provided a Master
Signage Plan, attached as Exhibit "D", for the entire development which
will govern both site signage and out parcel signage including overall
project and development signage for the entire property and for the out
parcels. City hereby agrees that this will govern and that any changes or
current issues in the City Sign Ordinance are hereby waived and the
Master Signage Plan as agreed to in this agreement shall govern for
current and future development of the project.
r
City agrees to install an 8" (minimum) sanitary sewer line to serve the Town Center.
The line shall be installed to the property line at a point generally near the southeast
corner of the property.
Section 2.08. Drainage Improvements.
City and Developer hereby agree that on-site drainage improvements may be required
to provide for optimum development potential of the tract. It is understood that the City
ordinances and regulations require downstream property owners to accommodate 100
year flood potential under full build -out conditions. To facilitate the development of the
project, it is agreed that City and Developer will share equally the cost of the
construction of the required drainage improvements.
(a) It is agreed that texture coated concrete tilt wall is acceptable as a primary
finish material on the buildings.
(b) It is agreed that the Developer will not be required to save existing trees
within the limits of the proposed retail development.
(c) City will cooperate with Developer to find a source of fill dirt for the project.
(d) Upon completion of the work for public improvements, good and sufficient
title to all facilities constructed in the public rights-of-way are hereby
warranted free of liens or encumbrances and hereby vested in the City of
Anna.
Section 2.10. Incorporation of All City Ordinances. The Developer agrees that
subject to changes to the City Ordinances expressly made herein, the Property is
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS, AND [name of developer]
Page 5 of 14
subject to and bound by all of the City's ordinances, effective as of the effective date of
this Agreement.
Section 3.01 Regulatory Standards and Development Quality. With respect to the
Thoroughfare Road Segment, the City and the Developer agree that the primary
purposes of this Agreement are to assure the City and its citizens that the Thoroughfare
Road Segment will be developed with high quality standards and will burden the current
taxpayers only insofar as is necessary to fund the general public's roughly proportionate
share of the Thoroughfare Road Segment, and to provide Developer certainty as to the
regulatory requirements applicable to the development of the Property throughout the
development process. Feasibility of the development of the Property is dependent upon
a predictable regulatory environment and stability in the projected land uses.
By the terms of this Agreement, the City and the Developer intend to establish
development and design rules and regulations that will ensure a quality, unified
development, yet afford the Developer some flexibility and predictability of regulatory
requirements throughout the term of this Agreement. Accordingly, the City and the
Developer agree that any City ordinance, whether heretofore or hereafter adopted, that
directly conflicts with any matter that is expressly covered by this Agreement, must not
be enforced by the City within the Property and that the provisions of this Agreement
govern said matters with respect to the development of the Property.
Section 3.02 Utility Services. Developer agrees to coordinate with the City in the
development of the Property to utilize the City's excess water capacity currently
available. Water service to the Property is available from a 12" line located along the
south side of West White Street (FM 455) and/or a 14" line to be constructed by the City
and located along County Road 376. Sanitary sewer service to the Property is available
through a sanitary sewer line to be constructed by the City, with the connection point to
be located at the southeast corner of the Property. Should the City require the
Developer to construct lines that exceed City standards and the water and/or sewer
requirements of the Property, the City shall pay the Developer for such oversizing,
consistent with the provisions of Section 3.03.
Section 3.03 Construction Standards for Public Improvements. This Section 3.03
pertains only to Public Improvements. Except as expressly stated in this Agreement,
the Developer must provide drainage and utilities in accordance with all City ordinances,
including those governing impact fees and meter fees. The Developer must provide
written certification to the City from a professional engineer registered in the state of
Texas that the design criteria for drainage, water, and wastewater improvements, as
prescribed in City ordinances and regulations, have been met. All Public Improvements
are subject to the permitting and inspection requirements of the City's ordinances.
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS, AND [name of developer]
Page 6 of 14
The Developer must not be required by the City to oversize any Public Improvements
that are constructed to serve the Property to serve any areas outside of the Property
unless the City chooses to provide contemporaneous payment of all costs of such
oversizing to the effect that Developer must neither incur nor pay any costs related to
the oversizing.
Section 3.04. Private Improvements. Except as expressly stated otherwise herein,
the Developer must require private improvements to be constructed in accordance with
the City's ordinances and applicable to the type of improvement being constructed. All
private improvements must be subject to permitting and inspection by the appropriate
City official.
Section 4.01. Vested Rights. Upon execution of this Agreement, the City and the
Developer agree that the rights of all parties as set forth in this Agreement must be
deemed to have vested in accordance with Texas Local Government Code Chapter
245, but developer waives all rights or remedies provided under Texas Local
Government Code §245.002(d).
Section 4.02. Waiver of Actions Under Private Real Property Rights Preservation
Act. The Developer hereby waives its right, if any, to assert any causes of action
against the City accruing under the Private Real Property Rights Preservation Act,
Chapter 2007, Texas Government Code (the "Act"), that the City's execution or
performance of this Agreement or any authorized amendment or supplements hereto
may constitute, either now or in the future, a "Taking" of Developer's, Developer's
grantee's, or a grantee's successor's "Private Real Property," as such terms are defined
in the Act. Provided, however, that this waiver does not apply to, and the Developer
and Developer's grantees and successors do not waive their rights under the Act to
assert a claim under the Act for, any action taken by the City beyond the scope of this
Agreement which otherwise may give rise to a cause of action under the Act.
Section 5.01. Material Breach of Agreement. It is the intention of the parties to this
Agreement that the Property be developed in accordance with the terms of this
Agreement.
(a) The parties acknowledge and agree that any major deviation by Developer from the
material terms of this Agreement would frustrate the intent of this Agreement, and
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS, AND [name of developer]
Page 7 of 14
therefore, would be a material breach of this Agreement. A material breach of this
Agreement by Developer is deemed to have occurred in the following instances:
(1) Developer's failure to develop the Property in compliance with the approved
platting or this Agreement; or Developer's failure to secure the City's approval of any
material or significant modification or amendment to the platting or this Agreement;
or
(2) failure of Developer to substantially comply with a provision of this Agreement or
a City ordinance applicable to the Property.
(b) The parties acknowledge and agree that any substantial deviation by the City from
the material terms of this Agreement would frustrate the intent of this Agreement and,
therefore, would be a material breach of this Agreement. A material breach of this
Agreement by the City is deemed to have occurred in the following instances:
(1) imposition by the City of a requirement that the Developer, the Developer's
grantee, or a grantee's successor apply for or obtain from the City any permit for
construction of private improvements, obtain any inspection related thereto, or pay
any fee for any application, permit, or inspection, other than as may be authorized in
this Agreement or in City ordinances;
(2) an attempt by the City to enforce any City ordinance within the Property that is
inconsistent with the terms and conditions of this Agreement;
(3) an attempt by the City to modify, amend, or control the platting or the
construction of the Development when in compliance complies with the requirements
of this Agreement; or
(4) an attempt by the City to unreasonably withhold approval of a plat of land within
the Property that complies with the requirements of this Agreement.
If a party to this Agreement believes that another party has, by act or omission,
committed a material breach of this Agreement, the provisions of this Article V must
provide the remedies for such default.
(a) The City must notify the Developer in writing of an alleged failure by the Developer
to comply with a provision of this Agreement, which notice must specify the alleged
failure with reasonable particularity. The alleged defaulting Developer must, within 30
days after receipt of such notice or such longer period of time as the City may specify in
such notice, either cure such alleged failure or, in a written response to the City, either
present facts and arguments in refutation or excuse of such alleged failure or state that
such alleged failure will be cured and set forth the method and time schedule for
accomplishing such cure.
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS, AND [name of developer]
Page 8 of 14
(b) The City must determine (i) whether a failure to comply with a provision has
occurred; (ii) whether such failure is excusable; and (iii) whether such failure has been
cured or will be cured by the alleged defaulting Developer. The alleged defaulting
Developer must make available to the City, if requested, any records, documents or
other information necessary to make the determination.
(c) If the City determines that such failure has not occurred, or that such failure either
has been or will be cured in a manner and in accordance with a schedule reasonably
satisfactory to the City, or that such failure is excusable, such determination must
conclude the investigation.
(d) If the City determines that a failure to comply with a provision has occurred and that
such failure is not excusable and has not been or will not be cured by the alleged
defaulting Developer in a manner and in accordance with a schedule reasonably
satisfactory to the City, then the City Council may proceed to mediation under Section
5.04. If the dispute is not resolved at mediation, then the City may exercise the
applicable remedy under Section 5.05.
(a) Developer must notify the City in writing of an alleged failure by the City to comply
with a provision of this Agreement, which notice must specify the alleged failure with
reasonable particularity. The City must, within 30 days after receipt of such notice or
such longer period of time as Developer may specify in such notice, either cure such
alleged failure or, in a written response to Developer, either present facts and
arguments in refutation or excuse of such alleged failure or state that such alleged
failure will be cured and set forth the method and time schedule for accomplishing such
cure.
(b) The Developer must determine (i) whether a failure to comply with a provision has
occurred; (ii) whether such failure is excusable; and (iii) whether such failure has been
cured or will be cured by the City. The City must make available to the Developer, if
requested, any records, documents or other information necessary to make the
determination.
(c) If the Developer determines that such failure has not occurred, or that such failure
either has been or will be cured in a manner and in accordance with a schedule
reasonably satisfactory to the Developer, or that such failure is excusable, such
determination must conclude the investigation.
(d) If the Developer determines that a failure to comply with a provision has occurred
and that such failure is not excusable and has not been or will not be cured by the City
in a manner and in accordance with a schedule reasonably satisfactory to the
Developer, then the Developer may proceed to mediation under Section 5.04. If the
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS, AND [name of developer]
Page 9 of 14
dispute is not resolved at mediation, then the Developer may exercise the applicable
remedy under Section 5.05.
Section 5.04. Mediation. In the event the parties to this Agreement cannot, within a
reasonable time, resolve their dispute pursuant to the procedures described in Sections
5.02 or 5.03, the parties agree to submit the disputed issue to non-binding mediation.
The parties must participate in good faith, but in no event must they be obligated to
pursue mediation that does not resolve the issue within two days after the mediation is
initiated or 14 days after mediation is requested. The parties participating in the
mediation must share the costs of the mediation equally.
Section 5.05 Remedies.
(a) In the event of a determination by the City that the Developer has committed a
material breach of this Agreement that is not resolved in mediation pursuant to Section
5.04, the City may, subject to the provisions of Section 4.03, file suit in a court of
competent jurisdiction in Collin County, Texas, and seek any relief available at law or in
equity, including, but not limited to, an action under the Uniform Declaratory Judgment
Act and termination of this Agreement as to the breaching Developer.
(b) In the event of a determination by the Developer that the City has committed a
material breach of this Agreement that is not resolved in mediation pursuant to Section
5.04, the Developer may file suit in a court of competent jurisdiction in Collin County,
Texas, and seek any relief available at law or in equity, including, but not limited to, an
action under the Uniform Declaratory Judgment Act and termination of this Agreement.
ARTICLE VI
BINDING AGREEMENT, TERM, AMENDMENT, AND ASSIGNMENT
Section 6.01 Beneficiaries. This Agreement must bind and inure to the benefit of the
City and the Developer, their respective successors and assigns. The terms of this
Agreement must constitute covenants running with the land comprising the Property
and must be binding on all future Developers and owners of any portion of the Property.
A memorandum of this Agreement, in substantially the form attached hereto as Exhibit
E must be recorded in the Official Public Records of Real Property of Collin County,
Texas. There are no third -party beneficiaries to this contract unless expressly set forth
herein.
Section 6.02 Term. This Agreement must bind the parties and continue until a date
that is five years from the date of this Agreement, unless terminated on an earlier date
pursuant to other provisions or by express written agreement executed by the City and
Developer. Upon the expiration of five years from the date of this Agreement, this
Agreement may be extended, at the Developer's request and with City Council
approval, for successive one-year periods.
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS, AND [name of developer]
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Section 6.03 Termination. In the event this Agreement is terminated as provided in
this Agreement or is terminated pursuant to other provisions, or is terminated by mutual
agreement of the parties, the parties must promptly execute and file of record, in the
Official Public Records of Real Property of Collin County, Texas, a document confirming
the termination of this Agreement, and such other documents as may be appropriate to
reflect the basis upon which such termination occurred.
Section 6.04 Assignment or Sale. Any person who acquires the Property or any
portion of the Property for the purpose of development and resale of the Property must
take the Property subject to the terms of this Agreement, and once said person acquires
the Property references to "the Developer" herein include said person. The terms of this
Agreement are binding upon Developer, its successors and assigns, as provided in
Section 6.01 above. Any contract, agreement to sell land, or instrument of conveyance
of land which is a part of the Property must recite and incorporate this Agreement as
binding on any purchaser or assignee. Developer understands that it has no authority
to cancel or amend the terms of this agreement without specific, written agreement duly
authorization by the City, nor does the City have authority to cancel or amend this
agreement without the specific written agreement of Developer.
Section 6.05 Transfer of Control of Developer. Any contract or agreement for the
sale, transfer, or assignment of control or ownership of a Developer must recite and
incorporate this Agreement as binding on any purchaser, transferee, or assignee.
Section 7.01 Notice. The parties contemplate that they will engage in informal
communications with respect to the subject matter of this Agreement. However, any
formal notices or other communications ("Notice") required to be given by one party to
another by this Agreement must be given in writing addressed to the party to be notified
at the address set forth below for such party, (a) by delivering the same in person, (b)
by depositing the same in the United States Mail, certified or registered, return receipt
requested, postage prepaid, addressed to the Party to be notified; (c) by depositing the
same with Federal Express or another nationally recognized courier service
guaranteeing "next -day" or "overnight" delivery, addressed to the party to be notified, or
(d) by sending the same by telefax with confirming copy sent by mail. Notice deposited
in the United States Mail in the manner herein above described must be deemed
effective from and after three days after the date of such deposit. Notice given in any
other manner must be effective only if and when received by the party to be notified.
For the purposes of notice, the addresses of the parties, until changed as provided
below, must be as follows:
City:
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS, AND [name of developer]
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City of Anna
P. O. Box 776
Anna, Texas 75409-0776
Attn: City Manager
(972) 924-2620 (facsimile)
Developer:
The parties must have the right from time to time to change their respective addresses,
and each must have the right to specify as its address any other address within the
United States of America by giving at least five days written notice to the other parties.
If any date or any period provided in this Agreement ends on a Saturday, Sunday, or
legal holiday, the applicable period for calculating the notice must be extended to the
first business day following such Saturday, Sunday or legal holiday.
Section 7.02 Time. Time is of the essence in all things pertaining to the performance
of this Agreement.
Section 7.03 Severability. If any provision of this Agreement is illegal, invalid, or
unenforceable under present or future laws, then, and in that event, it is the intention of
the parties hereto that the remainder of this Agreement must not be affected.
Section 7.04 Waiver. Any failure by a party hereto to insist upon strict performance by
the other party of any material provision of this Agreement must not be deemed a
waiver thereof or of any other provision hereof, and such party must have the right at
any time thereafter to insist upon strict performance of any and all of the provisions of
this Agreement.
Section 7.05 Applicable Law and Venue. The construction and validity of this
Agreement must be governed by the laws of the State of Texas without regard to
conflicts of law principles. Venue must be in Collin County, Texas.
Section 7.06 Reservation of Rights. To the extent not inconsistent with this
Agreement, each party reserves all rights, privileges, and immunities under applicable
laws.
Section 7.07 Further Documents. The parties agree that at any time after execution
of this Agreement, they will, upon request of another party, execute and deliver such
further documents and do such further acts and things as the other party may
reasonably request in order to effectuate the terms of this Agreement.
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS, AND [name of developer]
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Section 7.08 Incorporation of Exhibits and Other Documents by Reference. All
Exhibits and other documents attached to or referred to in this Agreement are
incorporated herein by reference for the purposes set forth in this Agreement.
Section 7.09 Effect of State and Federal Laws. Notwithstanding any other provision
of this Agreement, Developer, its successors or assigns, must comply with all applicable
statutes or regulations of the United States and the State of Texas, as well as any City
ordinances not in conflict with this Agreement, and any rules implementing such
statutes or regulations.
Section 7.10 Representations and Warranties Concerning Ownership of Property.
The Developer hereby certifies, represents and warrants the surface estate of the
Property is owned by Anna Center, Ltd, that no other Person has any right, title or
interest in the surface estate of the Property, and that the execution of this Agreement
will effectively bind the Developer and the Property to the terms and provisions hereof.
Section 7.11 Authority for Execution. The City hereby certifies, represents, and
warrants that the execution of this Agreement is duly authorized and adopted in
conformity with City ordinances and other applicable law. The Developer hereby
certifies, represents, and warrants that the execution of this Agreement is duly
authorized and adopted in conformity with the articles of incorporation and bylaws or
partnership agreement of such entity.
IN WITNESS WHEREOF, the undersigned parties have executed this Agreement as of
the day of , 2006.
ATTEST:
By:
Name:
Title:
CITY OF ANNA, TEXAS
By:
Kenneth Pelham, Mayor
Anna Center, Ltd
By:
Name
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS, AND [name of developer]
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Title
BEFORE ME, the undersigned authority, on this day personally appeared [name of
authorized rep. of developer], known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that: "My name is [name] I am the [title] of Anna
Center, Ltd. I have read the foregoing instrument, and I fully understand its contents. I
represent it to be a fact that the statements contained therein are true and correct, and that I
have signed the same freely and voluntarily, and execute the same with full authority from and
on behalf of Anna Center, Ltd. for the purposes and consideration therein expressed and none
other."
SUBSCRIBED AND SWORN to before me this day of
2006.
Notary Public - State of Texas
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS, AND [name of developer]
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