HomeMy WebLinkAboutRes 2024-02-1597 Subdivision Improvement Agreement with Grand Homes Development (Somerset Farms)CITY OF ANNA, TEXAS
RESOLUTION NO. oZ 024 — O P + 15q *
A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE MAYOR TO
EXECUTE A SUBDIVISION IMPROVEMENT AGREEMENT WITH GRAND HOMES
DEVELOPMENT, LLC FOR OFF -SITE SANITARY SEWER SERVICES RELATED TO
THE SOMERSET FARMS SUBDIVISION, IN A FORM APPROVED BY THE CITY
ATTORNEY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Somerset Farms development is a proposed single family residential
development located northeast of the proposed Coyote Meadows Sanitary Sewer Lift
Station; and,
WHEREAS, the Coyote Meadows Lift Station is intended to serve the proposed
surrounding area, including the Somerset Farms development; and,
WHEREAS, the Somerset Farms development may be completed sooner than the
completion of the proposed Coyote Meadows Lift Station; and,
WHEREAS, Grand Homes Development, LLC, is seeking alternate sanitary sewer
options which may become necessary to provide public sewer service to the development
until the Coyote Meadows Lift Station is in operation; and,
WHEREAS, Grand Homes Development, LLC, agrees to provide the engineering design
and construction of the identified off -site sanitary sewer public improvements, which will
benefit the development and neighboring properties, and be added to the City of Anna
Capital Improvement Plan if necessary; and,
WHEREAS, the City of Anna agrees to reimburse the Developer for the cost to construct
the off -site sewer improvements, or to provide pump and haul services on a temporary
basis if it becomes necessary to serve the development; and,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Authorization of Payment and Funding.
That the City Council of the City of Anna hereby authorizes the Mayor to execute the
Subdivision Improvement Agreement.
That funding for the off -site sewer improvements shall come from Sanitary Sewer
Impact Fees collected from the Somerset Farms development and other properties
benefitting from the improvements, if necessary for the development.
That funding for the pump and haul sewer services shall come from the City of Anna
Utility Fund, if necessary for the development.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 13tL
day of February, 2024.
ATTEST:
City Secretary, Carrie Land \*\, 1913 -A/ Mayor, Nate Pike
I
Exhibit A
(see Subdivision Improvement Agreement)
SOMERSET FARMS SUBDIVISION IMPROVEMENT AGREEMENT
This Somerset Farms Subdivision Improvement Agreement (this "Agreement") is entered
into by and between the CITY OF ANNA, a home -rule municipality in Collin County, Texas
(the "City"), and GRAND HOMES DEVELOPMENT, LLC, a Texas limited liability company
("Developer"), to be effective on the Effective Date.
SECTION 1
RECITALS
WHEREAS, certain terms used in these recitals are defined in Section 2; and
WHEREAS, the City is a home -rule municipality of the State of Texas located within
Collin County; and
WHEREAS, Developer and the City are sometimes collectively referenced In this
Agreement as (the "Parties,") or each individually as ("Party"); and
WHEREAS, Developer intends to develop that certain approximately 27.806 acres of
real property located in the City, more particularly described by metes and bounds in Exhibit A
attached hereto and incorporated herein for all purposes (the "Property"); and
WHEREAS, Developer desires to proceed with residential development of the Property
to be known as Somerset Farms (or as it may be subsequently renamed), as generally described
and/or generally illustrated on the concept plan shown in Exhibit B (the "Concept Plan"); and
WHEREAS, the Parties intend that the Property be developed in accordance with the
Development Standards agreed to under this Agreement; and
WHEREAS, Developer desires and intends to design, construct, and install and/or make
financial contributions to certain Public Improvements to serve the Development; and
WHEREAS, the Parties intend for the design, construction, and installation of certain
Public Improvements to be completed by or on behalf of Developer and dedicated to the City for
use and maintenance, subject to approval of the plans and inspection and acceptance of such
Public Improvements in accordance with this Agreement and the City Regulations; and
WHEREAS, Developer shall be solely responsible for the funding and construction of
all of the Public Improvements required to serve the Property except as expressly set forth in this
Agreement; and
WHEREAS, the Public Improvements include public water, sanitary sewer, and roadway
improvements that will serve the Property and other areas not owned by Developer; and
WHEREAS, subject to the terms and conditions of this Agreement, Developer is willing
to construct certain Public Improvements, including certain improvements that provide for
capacity in excess of what is necessary to serve the Property; and
SOMERSET FARMS SUBDIVISION IMPROVEMENT AGREEMENT PAGE I
WHEREAS, Developer has estimated that the costs necessary to complete the CIP
Facilities are as set forth in the amounts shown in the Opinion of Probable Cost in Exhibit C and
that said total cost is approximately $329,599; and
WHEREAS, subject to the terms and conditions of this Agreement, Developer shall be
obligated to complete and construct certain CIP Facilities in the locations generally depicted in
Exhibit D and in accordance with the City Regulations, this Agreement, and other required
approvals; and
WHEREAS, subject to the terms and conditions of this Agreement, the City agrees to
provide access to public sewer facilities unless Developer elects to construct such CIP Facilities
in its discretion, in accordance with the terms and conditions of this Agreement; and
WHEREAS, Developer understands and acknowledges that the obligations undertaken
under this Agreement are primarily for the benefit of the Property; and
WHEREAS, Developer understands and acknowledges that the Public Improvements to
be constructed by Developer and dedicated to the City under this Agreement will benefit the
Development by positively contributing to the enhanced nature of the Development, increasing
property values within the Property, and encouraging investment and ultimate development of
the Property; and
WHEREAS, Developer understands and acknowledges that its acceptance of this
Agreement is not an exaction or a concession demanded by the City; rather, it is an undertaking
of Developer's voluntary design to ensure consistency, quality, and adequate public
improvements that will benefit the Development and the Property, including without limitation
Developer's agreement to adhere to the Development Standards; and
WHEREAS, the City and Developer understand and acknowledge that the construction
of any Public Improvements by or on behalf of Developer and related purchasing and contracting
under this Agreement are exempt from the competitive sealed bidding procedures of Chapter 252
of the Texas Local Government Code; and
WHEREAS, the City recognizes the positive impact the Public Improvements will bring
to the City and that said improvements will promote state and local economic development,
stimulate business and commercial activity in the City for the development and diversification of
the economy of the state, promote the development and expansion of commerce in the state, and
reduce unemployment or underemployment in the state and that this Agreement is a program
under Chapter 380 of the Texas Local Government Code; and
WHEREAS, nothing contained in this Agreement shall be construed as creating a
contractual obligation that controls, waives, or supplants the City Council's legislative discretion
or functions; and
WHEREAS, unless expressly set forth to the contrary in this Agreement, the Parties
intend this Agreement to supersede City Regulations only to the extent that City Regulations
directly conflict with the terms of this Agreement.
SOMERSET FARMS SUBDIVISION IMPROVEMENT AGREEMENT PAGE 2
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties hereby agree as follows:
SECTION 2
DEFINITIONS
Certain terms used in this Agreement are defined in this Section 2. Other tern -is used in
this Agreement are defined in the recitals or in other sections of this Agreement. Unless the
context requires otherwise, the following terms shall have the meanings hereinafter set forth:
Agreement means this Somerset Farms Subdivision Improvement Agreement.
CIP Sanitary Sewer Improvements has the meaning ascribed to that tenn in Section
3.3(a)(1)
City means the City of Anna, a home -rule municipality located M Collin County, Texas.
City Code means The Anna City Code of Ordinances.
City Council means the governing body of the City.
City Manager means the current or acting City Manager of the City of Anna or a person
designated to act on behalf of that individual if the designation is in writing and signed by the
current or acting City Manager.
City Regulations means the City's applicable development regulations in effect on the
Effective Date, including without limitation City Code provisions, ordinances (including without
limitation park dedication fees and other development fees), design standards (including without
limitation pavement thickness), Development Standards, and other policies duly adopted by the
City; provided, however, that as it relates to Public Infrastructure for any given phase, the
applicable construction standards (including without limitation uniform building codes) shall be
those that the City has duly adopted at the time of the filing of an application for a preliminary
plat for that phase unless Commencement of Construction of said phase has not begun within
two (2) years of approval of such preliminary plat in which case the construction standards shall
be those that the City has duly adopted at the time of Commencement of Construction.
Commence Construction or Commencement of Construction means all of the following
have occurred: (1) all necessary permits to begin the construction of the applicable
improvements (or portion thereof) have been issued by all the applicable governmental
authorities, (2) issuance of a notice to proceed with constriction to the applicable construction
contractor, and (3) commencement and diligent pursuit of mobilization and construction by the
construction contractor on the applicable construction site.
Complete Construction or Completion of Construction means that the City has inspected
and accepted the respective Public Improvements, or portion thereof, which acceptance shall not
be unreasonably withheld or delayed.
Concept Plan has the meaning ascribed to that term in the Recitals.
SOMERSET FARMS SUBDIVISION IMPROVEMENT AGREEMENT PAGE 3
Construction Costs means any contributions, dedications or costs or fees actually paid for
infrastructure improvements, as applicable, including without limitation the costs related to
engineering, design, surveying, permitting, construction, inspection, materials, supplies, labor,
testing, financing, off -site, third -party property/easement acquisitions, and all costs related in any
manner to such infrastructure improvements; however, the cost of off -site, third -party
property/easement acquisitions obtained by the City, if any, shall be limited to the fair -market
value of any property/easement acquired, plus any damages to the remainder, all as deterniined
by a licensed appraiser mutually agreed upon by the Parties, and eminent domain fees. For the
avoidance of doubt, Construction Costs shall include, but not be limited to, all items
contemplated on Exhibit C for the CIP Facilities.
Developer means Grand Homes Development, LLC, its successors and assigns, which is the
entity(ies) that intends to develop or cause the development of the Property in accordance with
this Agreement.
Development means residential development on the Property consisting of approximately
92 single-family dwelling units.
Development Standards mean the design specifications and construction standards
permitted or imposed under the City Regulations and, as relates to construction of structures and
other improvements, those standards set forth in the City of Anna Code of Ordinances and
subdivision regulations effective 9/26/23.
Effective Date means the effective date of this Agreement, which shall be the date upon
which all Parties have fully executed and delivered this Agreement.
Force Majeure means and includes events or circumstances that are not within the
reasonable control of the Party whose performance is suspended, including without limitation
any delay due to any of the following acts or events: (a) wars, terrorism, civil disturbances, riots,
insurrections, civil unrest, vandalism and sabotage; (b) transportation disasters, whether by sea,
rail, air or land; (c) strikes, lockouts, work stoppage or slowdown or other labor disputes or
material shortages; (d) actions or failures to act of a governmental authority, including any
changes to the plans and specifications required as a condition to issuance of any permits or any
changes in laws or codes not reasonably foreseeable on the Effective Date, and any delay in
issuance of permits or certificates of occupancy by any governmental authority having
jurisdiction, but excluding delays due to conditions that violate applicable codes and regulations;
(e) adverse weather conditions, including rain of unusual duration or volume, hurricanes,
lightning, tornadoes, earthquakes, floods or acts of God; (f) epidemics or pandemics or any
governmental orders, actions, shut -downs, mandates, restrictions or quarantines, or any quasi -
governmental orders, actions, shut -downs, mandates, restrictions or quarantines resulting from
any epidemics or pandemics, and any public health emergencies, whether declared by local, state
or federal governmental authorities or agencies; (g) labor shortages or moratoriums; (h) fire or
other material casualty; (i) mechanical failure of equipment; 0) utility delays or interruptions; (k)
any emergency event that threatens imminent harm to property or injury to persons; (1) any other
causes of any kind whatsoever, whether similar to those enumerated or not, which are beyond the
control of such Party in the performance of its obligations hereunder; provided, however, in all
cases, only to the extent that the Party claiming force majeure (1) did not cause such force
majeure condition, and (2) throughout the pendency of such force majeure condition, utilizes
SOMERSET FARMS SUBDIVISION IMPROVEMENT AGREEMENT PAGE 4
commercially reasonable efforts to minimize the impact and delays caused by such force majeure
condition.
Impact Fees means those roadway impact fees, water impact fees, and wastewater impact
fees assessed and charged against the Property in accordance with Chapter 395 of the Texas
Local Government Code and as defined therein, including without limitation those impact fees
paid by or on behalf of any owner, builder or contractor.
Impact Fee Accounts means the interest -bearing deposit accounts maintained by the City
pursuant to Section 395.024, Texas Local Government Code, as amended.
Impact Fee Reimbursement means direct payments from the Impact Fee Accounts to
reimburse Construction Costs for CIP Facilities.
Notice means any notice required or contemplated by this Agreement (or otherwise given
in connection with this Agreement).
Off -site Sanitary Sewer Improvements means the sanitary sewer infrastructure facilities
identified as such in Section 3.3(a)(1).
Property means the subject property as identified in Exhibit A, attached hereto.
Public Improvements mean the CIP Facilities and all other improvements that will be
dedicated to and maintained by the City and all other on- and off -site public water, sewer,
drainage, and roadway facilities, along with other public improvements, such as dedicated
landscaping and screening, to be constructed by Developer.
Public Infrastructure means all water, wastewater/sewer, detention and drainage,
roadway, park and trail, and other infrastructure necessary to serve the full development of the
Property and/or to be constructed and dedicated to the City under this Agreement or otherwise
incident to the Development. The term includes Public Improvements.
Real Property Records of Collin County means the official land recordings of the Collin
County Cleric's Office.
SECTION 3
PUBLIC IMPROVEMENTS
3.1 Construction Ownership, and Transfer of Public Improvements.
(a) Contract Specifications. Developer's engineers shall prepare, or cause the
preparation of, and provide the City with contract specifications and necessary related
documents for any Public Improvements to be constructed by or on behalf of Developer.
(b) Construction Standards, Inspections and Fees. Except as otherwise
expressly set forth in this Agreement the Public Improvements shall be constructed and
inspected and all applicable fees including but not limited to Impact Fees (subject to the terms
hereof and any applicable credits or reimbursements), permit fees, and inspection fees, shall be
paid by or on behalf of Developer, in accordance with this Agreement, the City Regulations,
SOMERSET FARMS SUBDIVISION IMPROVEMENT AGREEMENT PAGE 5
and the regulations of any other governing body or entity with jurisdiction over the Public
Improvements.
(c) Contract Letting. The Parties understand that this Agreement and
construction of any of the Public Improvements by or on behalf of Developer are legally exempt
from competitive bidding requirements. Developer's engineers shall prepare or cause the
preparation of and provide to the City all contract specifications and necessary related
documents including the contract proposal showing the negotiated total contract price and
scope of work for the construction of any portion of the Public Improvements that will be
constructed by or on behalf of Developer that have not been awarded.
(d) Ownership and Acceptance Upon completion of any of the Public
Improvements constructed by or on behalf of Developer, or portion thereof, the City will accept
such Public Improvements after inspection and approval of same by the City. For the avoidance
of doubt the Public Improvements may be completed and accepted in phases in Developer's
discretion All of the Public Improvements and Public Infrastructure shall be owned by the City
upon acceptance thereof by the City. Developer agrees to take any action reasonably required
by the City to transfer, convey, or otherwise dedicate or ensure the dedication of land, right-of-
way,
or easements for any of the Public Improvements and Public Infrastructure constructed by
or on behalf of Developer to the City.
3.2 Operation and Maintenance.
(a) Upon inspection approval and acceptance of any of the Public
Improvements or any portion thereof constructed by or on behalf of Developer, the City shall
maintain and operate the accepted Public Infrastructure and provide retail water and sewer
service to the Property. For the avoidance of doubt this shall include that upon the inspection,
approval and acceptance of public roadway improvements or any portion thereof, including the
CIP Roadway Improvements the City shall maintain and operate such public roadways and
related drainage improvements.
3.3 CIP Facilities
(a) The CIP Facilities include:
1. Minimum 8" sanitary sewer main (including manholes and appurtenances related thereto)
beginning at the southern property boundary of the Development and extending south to the
Coyote Meadows Lift Station in the location generally shown on Exhibit D (the "Off -site
Sanitary Sewer Improvements") as required to serve the property.
2. At Developer's election, in its discretion, if the Coyote Meadows Lift Station is not in
operation within thirty (30) days of the Development being deemed Substantially Complete by
the City Engineer, then Developer may (and the City shall allow Developer to) construct Off -site
Sanitary Sewer Improvements, including any improvements necessary to connect the
Development to an existing downstream facility within the City of Anna public sanitary sewer
system in accordance with TCEQ standards for public sewer systems, until such time as the
Coyote Meadows Lift Station Improvements are complete and any such additional improvements
shall be subject to reimbursement from Sanitary Sewer Impact Fees generated by development of
the Property.
SOMERSET FARMS SUBDIVISION IMPROVEMENT AGREEMENT PAGE 6
(b) Developer's Obligations Regarding the Sanitary Sewer Developer's
Option to Construct the Off -site Sanitary Sewer Improvements:
(1) Developer may elect to fund, design, install, and construct the Off -
site Sanitary Sewer Improvements identified in Section 3.3(a)(1) as further described in this
Agreement. Developer shall provide the City with a detailed project account of all Construction
Costs associated with any such projects constructed by or on behalf of Developer, including
receipts invoices change orders and bills paid affidavits as required for determining the final
cost of each CIP Facility constructed by or on behalf of Developer.
(c) Timing of Downstream Sanitary Sewer Access.
(1) If Substantial Completion of the Development occurs after
completion of the Coyote Meadows Lift Station the Developer shall remain responsible for the
construction of the on -site sanitary sewer improvements from the Development to the Coyote
Meadows Lift Station as depicted in Exhibit D attached, and explained in Section 3.3(a)(1)
herein.
(2) If the Substantial Completion of the Development occurs prior to
completion of the Coyote Meadows Lift Station the Cityshall hall provide Pump and Haul Sanitary
Sewer Services at the City's cost, until such time as the Coyote Meadows Lift Station is
operational.
(d) City's Obligations._
(1) The City shall be responsible for the acquisition of any easements
and other property acquisitions necessary for the CIP Facilities (the size and extent of each such
easement or other property interest to be approved by the City) to serve the Property. If
Developer is not able to reasonably acquire all off -site easements and right-of-way required for
any of the CIP Facilities the City may utilize condemnation authority to acquire the necessary
easements and right-of-way in accordance with applicable law. In the event Developer acquires
off -site easements City shall reimburse Developer for the costs of acquisition including survey,
legal, and engineering costs.
(2) The City shall reimburse Developer for all actual Construction
Costs for the construction of any and all CIP Facilities constructed by or on behalf of Developer
(the "Reimbursement"). The City intends to provide such Reimbursement to Developer by
paying to Developer all Impact Fees it actually collects from the Property and adjacent properties
that tie into or use the CIP Facilities; however, the Parties acknowledge that fiinding for same
shall be from such source or sources as determined by the City, in its discretion (but in
accordance with applicable law) including but not limited to Impact Fee Accounts. The City
shall review the project accounting_ submitted by Developer prior to initiating reimbursements.
Payments shall be made every three (3) months starting on three (3) months following the first
deposit into the Impact Fee Accounts. The City shall reimburse Developer in the amount equal to
actual Construction Costs for the CIP Facilities expended by or on behalf of Developer.
(3) Amendment to CIP. The City agrees that it will take all required
actions to amend the Ci 's Capital Improvements Plan to include the Phase 1 Sanitary Sewer
Improvements and Phase 2 Sanitary Sewer Improvements (to the extent not already a part of the
City's Capital Improvements Plan) ("CIP Amendment") within eight months of the Effective
SOMERSET FARMS SUBDIVISION IMPROVEMENT AGREEMENT PAGE 7
Date including without limitation the City Council's consideration and final action of the same.
Developer shall have no responsibility for any costs associated with the CIP Amendment. In the
event that the City's Capital Improvements Plan is not amended within eight (8) months of the
Effective Date as contemplated herein the City will reimburse Developer for its Construction
Costs for the Off -site Sanitary Sewer Improvements.
3.4 Wastewater/Sanitary Sewer Facilities.
(a) Developer's General Obligations. Except as otherwise provided herein,
Developer is solely responsible for the funding, design installation and construction of all
wastewater/sanitary sewer improvements within the Property, and the construction of a public
sanitary sewer main from the Property to the Coyote Meadows Lift Station. The design of all
wastewater/sanitary sewer improvements shall be approved by the City in advance of the
construction of same. The locations of said easements or other property interests shall be
approved by the City's Public Works Department as part of the plan review process.
(b) Timing of General Obligations. Except as otherwise provided herein,
Developer shall Complete Construction in a good and workmanlike manner all
wastewater/sanitary sewer improvements necessary to serve each phase of the Development
prior to the recordation of the final plat covering such phase.
3.5 Water and Wastewater/Sanitary Sewer Retail Service.
(a) Subject to the terms of this Agreement, the City represents and confirms
that it currently has and reasonably expects to continue to have the capacity to provide to the
Property continuous and adequate retail water and wastewater/sanitary sewer service at times
and in amounts sufficient to meet the service demands of the Development and the Property as
the Property is developed.
(b) Upon acceptance by the City of the water and wastewater/sanitary sewer
facilities described herein the City shall operate or cause to be operated said water and
wastewater/sanitary sewer facilities serving the Development and the Property and use them to
provide service to all customers within the Development and the Property and as otherwise
required by State law as the holder of the certificate of convenience and necessity covering the
Property. Upon acceptance by the City, the City shall at all times maintain said water and
wastewater/sanitary sewer facilities or cause the same to be maintained, in good condition and
working order in compliance with all applicable laws and ordinances and all applicable
regulations rules policies standards and orders of any governmental entity with jurisdiction
over same.
SOMERSET FARMS SUBDIVISION IMPROVEMENT AGREEMENT PAGE 8
(c) Timing of General Obligations. Except as otherwise provided herein, prior
to the recordation of any final plat for any phase of the Development, Developer shall Complete
Construction in a good and workmanlike manner, of all roadway facilities and related
improvements necessary to serve such phase in accordance with construction plans approved by
the City.
SECTION 4
PAYEE INFORMATION
With respect to any and every type of payment/remittance due to be paid at any time by
the City to Developer after the Effective Date under this Agreement, the name and delivery
address of the payee for such payment shall be:
Grand Homes Development, LLC
Attn: Beau Brook, President
Address: 15455 Dallas Parkway, Suite 1000
Addison, Texas 75001
bbrooks@grandhomes.com
Developer may change the name of the payee and/or address set forth above by delivering
written Notice to the City designating a new payee.
SECTION 5
ADDITIONAL OBLIGATIONS AND AGREEMENTS
5.1 Administration of Construction of Public Infrastructure. Subiect to the terms
of this Agreement the Parties agree that Developer will be solely responsible to construct all
Public Infrastructure (except the Off -Site Sanitary Sewer Improvements, unless Developer elects
to construct such improvements in accordance with Section 3.3(g)). All public on -site and off -
site infrastructure and all other related improvements will be considered a public project and the
City will own all such Public Infrastructure upon completion and acceptance.
5.2 See Exhibit E Addendum amendingthis his Agreement regarding reimbursement of
Construction Costs and related matters.
5.3 Compliance with Development Deadlines. Subject to Force Majeure, the notice
and cure period set forth in Section 6.1 and any extensions of time allowed pursuant to this
Agreement Developer agrees to meet the following deadlines with respect to the Development.
The Director of Planning or his/her designee in his or her discretion, may extend the below
deadlines upon the request of Developer without further approval of the City Council of the City
required.
(a) Within 360 days after the City has duly approved a preliminary plat for the
Single Family Tract Developer shall submit or cause to be submitted one or more applications
for a site plan for the first hase within the Single Family Tract (including a landscaping plan
and lighting plan) and a final plat and civil plans for the first phase within the Single Family
Tract (showing easements fire lanes and utilities). For the avoidance of doubt, Developer shall
determine in its discretion which portion(s) of the Property within the Single Family Tract
Developer shall consider the first phase within the Single Family Tract.
SOMERSET FARMS SUBDIVISION IMPROVEMENT AGREEMENT PAGE 9
(b) Developer will request a preconstruction meeting with City staff to discuss
construction of the first phase within the Single Family Tract within 120 days of the
Developer's receipt of final approval from the City of the civil plans for the first phase within
the Single Family Tract (the "Preconstruction Meeting").
(c) Developer will Commence Construction or cause Commencement of
Construction of the first phase within the Single Family Tract within 180 days after the
Preconstruction Meeting_ provided that if for any reason Developer needs to change the
phasing of the Single Family Tract Developer shall submit a new preliminary plat application
for another phase within the Single Family Tract within 60 days of the Preconstruction Meeting
and such 180 days shall be tolled until Developer is able to obtain approval of a prelimingy plat
for such other phase which shall be subject to the same time periods in (a)-(c) of this
subsection, above.
(d) Recordation in the Official Records of Collin County, Texas of a final plat
for one or more phases within the Single Family Tract must occur within twenty-four (24)
months of the Commencement of Construction of such phase.
5.4 Conflicts. When not in conflict with the terms and conditions of this
Agreement the development of the Property shall be subject to all applicable City Regulations
including but not limited to the City's subdivision regulations and engineering_design standards.
In the event of any direct conflict between this Agreement and any other ordinance, rule,
regulation standard policy, order, guideline or other City adopted or City enforced requirement
whether existing on the Effective Date or hereinafter adopted, this Agreement, including its
exhibits, as applicable, shall control.
5.5 Public Infrastructure, Generally. Except as otherwise expressly provided for in
this Agreement Developer shall rovide all Public Infrastructure necessary to serve the Property,
including streets utilities drainage sidewalks trails street lighting, street signage, and all other
required improvements at no cost to the City except as expressly provided in this Agreement and
as approved by the City Manager. Developer shall cause the installation of the Public
Infrastructure within all applicable time frames in accordance with the City Regulations unless
otherwise established in this Agreement. Developer shall provide engineering studies,
plan/profile sheets and other construction documents at the time of plattingas required by City
Regulations. Such plans shall be approved by the City's Public Works Department prior to
approval of a final plat. Construction of any _portion of the Public Infrastructure shall not be
initiated until a pre -construction conference with a City representative has been held regarding
the proposed constriction and the City has issued a written notice to proceed. No final plat may
be recorded in the Real Property Records of Collin County until construction of all Public
lnfiastructure shown thereon shall have been constructed and thereafter inspected, approved and
accepted by the City.
5.6 Maintenance Bonds. For each construction contract for any part of the Public
Infrastructure Developer, or Developer's contractor, must execute a maintenance bond in
accordance with applicable City Regulations that guarantees the costs of any repairs that may
become necessary to any part of the construction work performed in connection with the Public
Infrastructure arising from defective workmanship or materials used therein for a full period of
SOMERSET FARMS SUBDIVISION IMPROVEMENT AGREEMENT PAGE 10
two (2) years from the date of final acceptance of the Public Infrastructure constructed under
such contract.
5.7 Inspections Acceptance of Public Infrastructure, and Developer's Remedy -
(a) Infections Generally. The City shall have the right to inspect, at any
time the construction of all Public Infrastructure necessary to support the Development,
including water, wastewater/sanitary sewer, drainage roads streets alleys park facilities
electrical and streetlights and signs. The City's inspections and/or approvals shall not release
Developer from its responsibility to construct or cause the construction of adequate Public
Improvements and Public Infrastructure in accordance with approved engineering plans,
construction plans and other approved plans related to development of the Property.
Notwithstanding any provision of this Agreement it shall not be a breach or violation of the
Agreement if the City withholds building permits, certificates of occupancy or City utility
services as to any portion of the Development until Developer has met its obligations to provide
for required Public Infrastructure necessary to such portion or phase according to the approved
engineering plansCity Regulations and Development Standards and until such Public
Infrastructure has been dedicated to and accepted by the City.
(b) Ownership. From and after the inspection and acceptance by the City of
the Public Infrastructure and any other dedications required under this Agreement, such
improvements and dedications shall be owned by the City.
(c) Approval of Plats/Plans Approval by the City, the Cit 's engineer, or
other City employee or representative of any plans designs or specifications submitted by
Developer pursuant to this Agreement or pursuant to the City Regulations shall not constitute or
be deemed to be a release of the responsibility and liability of Developer or any other
responsible party for the accuracy and competency of their design and specifications. Further,
any such approvals shall not be deemed to be an assumption of such responsibility and liability
by the City for any defect in the design and specifications prepared by Developer or any other
responsible party, it being the intent of the Parties that approval by the City signifies only the
City's approval of the general design concept of the improvements to be constructed.
5.8 Insurance. Developer or its contractor(s) shall acquire and maintain, during the
period of time when any of the Public Infrastructure is under construction (and until the full and
final completion of the Public Infrastructure and acceptance thereof by the City): (a) workers
compensation insurance in the amount required by law-, and (b) commercial general liability
insurance including personal injury liability, premises operations liability, and contractual
liability, covering but not limited to the liability assumed under any indemnification provisions
of this Agreement with limits of liability for bodily injury death and property damage of not
less than $1 000 000.00. Such insurance shall also cover any and all claims which might arise
out of the Public Infrastructure construction contracts, whether by Developer, a contractor,
subcontractor, material man or otherwise. Coverage must be on a "per occurrence" basis. All
such insurance shall: (i) be issued by a carrier which is rated "A-1" or better by A.M. Best's Key
Rating Guide and licensed to do business in the State of Texas; and (ii) name the City as an
additional insured and contain a waiver of subrogation endorsement in favor of the City. Upon
the execution of Public Infrastructure construction contracts, Developer shall provide to the City
certificates of insurance evidencing such insurance coverage together with the declaration of
SOMERSET FARMS SUBDIVISION IMPROVEMENT AGREEMENT PAGE 11
such policies along with the endorsement naming the City as an additional insured. Each such
policy shall provide that at least thirty (30) days prior to the cancellation non -renewal or
modification of the same the City shall receive written notice of such cancellation, non -renewal
or modification.
5.9 INDEMNIFICATION and HOLD HARMLESS. DEVELOPER, INCLUDING
ITS RESPECTIVE SUCCESSORS AND ASSIGNS, HEREBY COVENANT AND AGREE TO
RELEASE DEFEND HOLD HARMLESS AND INDEMNIFY THE CITY AND ITS
OFFICERS OFFICIALS AGENTS REPRESENTATIVES SERVANTS AND EMPLOYEES
(COLLECTIVELY THE "RELEASED PARTIES"), FROM AND AGAINST ALL THIRD -
PARTY CLAIMS SUITS JUDGMENTS, DAMAGES, AND DEMANDS (TOGETHER,
"CLAIMS") AGAINST THE CITY OR ANY OF THE RELEASED PARTIES, WHETHER
REAL OR ASSERTED INCLUDING WITHOUT LIMITATION REASONABLE
ATTORNEY'S FEES RELATED EXPENSES, EXPERT WITNESS FEES, CONSULTANT
FEES AND OTHER COSTS, ARISING OUT OF THE NEGLIGENCE OR OTHER
WRONGFUL CONDUCT OF DEVELOPER, INCLUDING THE NEGLIGENCE OF ITS
RESPECTIVE EMPLOYEES CONTRACTORS SUBCONTRACTORS, MATERIAL MEN,
AND/OR AGENTS, IN CONNECTION WITH THE DESIGN OR CONSTRUCTION OF ANY
PUBLIC INFRASTRUCTURE STRUCTURES, OR OTHER FACILITIES OR
IMPROVEMENTS THAT ARE REQUIRED OR PERMITTED UNDER THIS AGREEMENT;
AND IT IS EXPRESSLY UNDERSTOOD THAT SUCH CLAIMS SHALL, EXCEPT AS
MODIFIED BELOW, INCLUDE CLAIMS EVEN IF CAUSED BY THE CITY'S OWN
CONCURRENT NEGLIGENCE SUBJECT TO THE TERMS OF THIS SECTION.
DEVELOPER SHALL NOT, HOWEVER, BE REOUIRED TO INDEMNIFY THE CITY
AGAINST CLAIMS CAUSED BY THE CITY'S SOLE NEGLIGENCE, GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT. IF THE CITY INCURS CLAIMS THAT
ARE CAUSED BY THE CONCURRENT NEGLIGENCE OF DEVELOPER AND THE CITY,
DEVELOPER'S INDEMNITY OBLIGATION WILL BE LIMITED TO A FRACTION OF
THE TOTAL CLAIMS EQUIVALENT TO DEVELOPER'S OWN PERCENTAGE OF
RESPONSIBILITY. DEVELOPER, INCLUDING ITS RESPECTIVE SUCCESSORS AND
ASSIGNS FURTHER COVENANTS AND AGREES TO RELEASE, DEFEND, HOLD
HARMLESS AND INDEMNIFY, THE CITY AGAINST ANY AND ALL CLAIMS BY ANY
PERSON CLAIMING AN OWNERSHIP INTEREST IN THE PROPERTY PRIOR TO THE
EFFECTIVE DATE WHO HAS NOT SIGNED THIS AGREEMENT IF SUCH CLAIMS
RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH: (1) THE CITY'S
RELIANCE UPON DEVELOPER'S REPRESENTATIONS IN THIS AGREEMENT; (2) THIS
AGREEMENT OR OWNERSHIP OF THE PROPERTY; OR (3) THE CITY'S APPROVAL
OF ANY TYPE OF DEVELOPMENT APPLICATION OR SUBMISSION WITH RESPECT
TO THE PROPERTY. THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS
AGREEMENT.
5.10 Status of Parties. At no time shall the City have any control over or charge of
Developer's (or its contractors') design construction or installation of any of the Public
Infrastructure nor the means methods techniques sequences or procedures utilized for said
design construction or installation. This Agreement does not create a joint enterprise or venture
or employment relationship between the City and Developer.
SOMERSET FARMS SUBDIVISION IMPROVEMENT AGREEMENT PAGE 12
SECTION 6
EVENTS OF DEFAULT; REMEDIES
6.1 Events of Default. No Party shall be in default under this Agreement until
notice of the alleged failure of such Paqy to perform has been given in writing (which notice
shall set forth in reasonable detail the nature of the alleged failure) and until such Party has been
given a reasonable time to cure the alleged failure (such reasonable time to be determined based
on the nature of the alleged failure but in no event more than thirty (30) days (or any longer time
period to the extent expressly stated in this Agreement as relates to a specific failure to perform)
after written notice of the alleged failure has been given except as relates to a type of default for
which a different time period is expressly set forth in this Agreement). Notwithstanding the
foregoing no Party shall be in default under this Agreement if, within the applicable cure period,
the Party to whom the notice was given begins performance and thereafter diligently and
continuously_ pursues performance until the alleged failure has been cured.
6.2 Remedies. Except as otherwise set forth in this Agreement, as compensation
for the other party's default an aggrieved Party is limited to seeking specific performance of the
other party's obligations under this Agreement.
6.3 Performance Window. If Developer does not meet its obligations under
Section 5.3(e) in order for the Developer to be considered in default of this Agreement, the City
shall provide written Notice to Developer of the same. If the City provides such written Notice,
Developer shall have one -hundred twenty (120) days from the date that the City delivers said
written notice in which to cure such failure plus an additional time period equal to any delay
caused by the failure if any, of the City to timely meet its obligations under this Agreement. If
Developer fails to timely cure such failure within the additional one -hundred twenty (120) day
period then the City may elect to terminate this Agreement as its exclusive remedy, and if the
City elects such termination, it shall be excused from its obligations under this Agreement,
including but not limited to any obligation to reimburse Developer any amounts otherwise due
under this Agreement. The foregoing notwithstanding, the deadlines in this paragraph shall be
subject to extension for reasons of Force Majeure.
SECTION 7
ASSIGNMENT; ENCUMBRANCE
7.1 Assignment. This Agreement shall be binding upon and inure to the benefit of
the successors and assigns of the Parties hereto. The obligations, requirements, or covenants to
develop the Property subiect to this Agreement shall be freely assignable in whole or in part, to
any affiliate or related entity of Developer, or any lien holder on the Property, without the prior
written consent of the City. Except as otherwise provided in this paragraph, the obligations,
requirements or covenants to the development of the Property shall not be assigned, in whole or
in partby Developer to a non -affiliate or non -related entity of Developer without the prior
written consent of the City Manager, which consent shall not be unreasonably withheld or
delayed if the assignee demonstrates financial ability to perform. Any receivables due under this
Agreement may be assigned by Developer without the consent of, but upon written notice to the
City pursuant to the terms hereof. An assignee shall be considered a "Party" for the purposes of
this Agreement. Each assignment shall be in writing executed by Developer and the assignee
and shall obligate the assignee to be bound by this Agreement to the extent this Agreement
applies or relates to the obligations rights title or interests being assigned. No assignment by
SOMERSET FARMS SUBDIVISION IMPROVEMENT AGREEMENT PAGE 13
Developer shall release Developer from any liability that resulted from an act or omission by
Developer that occurred prior to the effective date of the assigmnent unless the City approves the
release in writing. Developer shall maintain written records of all assignments made by
Developer to assignees includingLa copy of each executed assigmnent and, upon written request
from any Party or assignee shall provide a copy of such records to the requesting person or
entity, and this obligation shall survive the assigning Party's sale, assigmnent, transfer, or other
conveyance of any interest in this Agreement or the Property.
7.2 Assignees as Parties. An assignee authorized in accordance with this
Agreement and for which notice of assignment has been provided in accordance herewith shall
be considered a "Party" for the purposes of this Agreement.
7.3 Third Part. Beneficiaries. Except as otherwise provided herein, this
Agreement inures to the benefit of, and may only be enforced by, the Parties. No other person or
entity shall have any right title or interest under this Agreement or otherwise be deemed to be a
third -party beneficiary of this Agreement.
7.4 Notice of Assignment. The following requirements shall apply in the event
that Developer sells assigns transfers, or otherwise conveys the Propertyor r any part thereof
and/or any of its rights or benefits under this Agreement: (i) Developer must provide written
notice to the City to the extent required under this section at least fifteen (15) business days in
advance of any such sale assignment transfer, or other conveyance; (ii) said notice must
describe the extent to which any rights or benefits under this Agreement will be sold, assigned,
transferred or otherwise conveyed,• (iii) said notice must state the name, mailing address,
telephone contact information and if known email address of the person(s) that will acquire
any rights or benefits as a result of any such sale, assignment, transfer or other conveyance; and
(iv) said notice must be signed by a duly authorized person representing Developer and a duly
authorized representative of the person that will acquire any rights or benefits as a result of the
sale, assignment, transfer or other conveyance.
SECTION 8
RECORDATION AND ESTOPPEL CERTIFICATES
8.1 Binding; Obligations. This Agreement and all amendments thereto and
assignments hereof shall be recorded in the Real Property records of Collin County. This
Agreement binds and constitutes a covenant running with the Property and, upon the Effective
Date is binding upon Developer and the City, and forms a part of any other requirements for
development within the Property. This Agreement when recorded shall be binding upon the
Parties and their successors and assigns as permitted by this Agreement and upon the Property.
Notwithstanding the foregoing, his Agreement shall not bind or encumber any residential lot or
residence located thereon within the Property that is sold to a third -party homeowner except as
relates to the limitations on the use of such lot in any applicable zoning regulations approved or
adopted by the City in accordance with applicable law.
8.2 Estoppel Certificates. From time to time, upon written request of Developer or
any future owner, and upon the payment to the City of a $500.00 fee plus all reasonable costs
incurred by the City in providing the certificate described in this section, including without
limitation attorney's fees and related costs the City Manager, or his/her designee will, in his/her
SOMERSET FARMS SUBDIVISION IMPROVEMENT AGREEMENT PAGE 14
official capacity and to his/her reasonable knowledge and belief, execute a written estoppel
certificate identifying any obligations of Developer under this Agreement that are in default.
SECTION 9
GENERAL PROVISIONS
9.1 Term. Except with respect to any earlier termination effected under this
Agreement this Agreement shall tenninate upon satisfaction of all obligations by all Parties or
the expiration of ten (10) years after the Effective Date, whichever occurs earlier.
9.2 Recitals. The recitals contained in this Agreement: (a) are true and correct as
of the Effective Date; (b) form the basis upon which the Parties negotiated and entered into this
Agreement; and (c) reflect the final intent of the Parties with regard to the subject matter of this
Agreement. In the event it becomes necessary to interpret any provision of this Agreement, the
intent of the Parties as evidenced by the recitals, shall be taken into consideration and, to the
maximum extent possible given full effect. The Parties have relied upon the recitals as part of
the consideration for entering into this Agreement and but for the intent of the Parties reflected
by the recitals would not have entered into this Agreement.
9.3 Notices. Any notice submittal, payment or instrument required or permitted
by this Agreement to be given or delivered to any Party shall be deemed to have been received
when delivered personally or upon the expiration of 72 hours following deposit of the same in
any United States Post Office registered or certified mail postage prepaid addressed as follows:
To the City: City of Anna, Texas
Attn: City Manager
120 W. Seventh Street
Anna, TX 75409
With a copy to: Wolfe, Tidwell & McCoy, LLP
Attn: Clark McCoy
2591 Dallas Parkway, Suite 300
Frisco, TX 75034
To Developer: Grand Homes Development, LLC
Attn: Beau Brook, President
Address: 15455 Dallas Parkway, Suite 1000
Addison, Texas 75001
bbrooks ,grandhomes.com
With a copy to: Grand Homes Development, LLC
Attn: Robert Garcia, EVP
Address: 15455 Dallas Parkway, Suite 1000
Addison, Texas 75001
rgarcia@grandhomes.com
Any Party may change its address or addresses for delivery of notice by delivering written notice
of such change of address to the other Party.
SOMERSET FARMS SUBDIVISION IMPROVEMENT AGREEMENT PAGE 15
9.4 Interpretation. The Parties acknowledge that each has been actively involved
in negotiating this Agreement. Accordingly, the rule of construction that any ambiguities are to
be resolved against the drafting Party will not apply to interpreting this Agreement. In the event
of any dispute over the meaning or application of any provision of this Agreement, the provision
will be interpreted fairly and reasonably and neither more strongly for nor against any Party,
regardless of which Party originally drafted the provision.
9.5 Time. In this Agreement, time is of the essence and compliance with the times
for performance herein is required.
9.6 Authority and Enforceability. The City represents and warrants that this
Agreement has been approved by official action by the City Council of the City in accordance
with all applicable public notice requirements (including, but not limited to, notices required by
the Texas Open Meetings Act) and that the individual executing this Agreement on behalf of the
City has been duly authorized to do so. Developer represents and warrants that this Agreement
has been approved by appropriate action of Developer, and that each individual executing this
Agreement on behalf of Developer has been duly authorized to do so. Each Party respectively
acknowledges and agrees that this Agreement is binding upon such Party and is enforceable
against such Party, in accordance with its terms and conditions.
9.7 Severability. This Agreement shall not be modified or amended except in
writing signed by the Parties. If any provision of this Agreement is determined by a court of
competent jurisdiction to be unenforceable for any reason, then: (a) such unenforceable
provision shall be deleted from this Agreement; (b) the unenforceable provision shall, to the
extent possible and upon mutual agreement of the Parties, be rewritten to be enforceable and to
give effect to the intent of toe Parties; and (c) the remainder of this Agreement shall remain in
full force and effect and shall be interpreted to give effect to the intent of the Parties.
9.8 Applicable Law; Venue. This Agreement is entered into pursuant to, and is to
be construed and enforced in accordance with, the laws of the State of Texas, and all obligations
of the Parties are performable in Collin County, Texas. Exclusive venue for any action related
to, arising out of, or brought in connection with this Agreement shall be in the Collin County
District Court.
9.9 Non Waiver. Any failure by a Party to insist upon strict performance by the
other Party of any material provision of this Agreement shall not be deemed a waiver thereof,
and the Party shall have the right at any time thereafter to insist upon strict performance of any
and all provisions of this Agreement. No provision of this Agreement may be waived except by
writing signed by the Party waiving such provision. Any waiver shall be limited to the specific
purposes for which it is given. No waiver by any Party of any term or condition of this
Agreement shall be deemed or construed to be a waiver of any other term or condition or
subsequent waiver of the same term or condition.
9.10 Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original and constitute one and the same
instrument.
SOMERSET FARMS SUBDIVISION IMPROVEMENT AGREEMENT PAGE 16
9.11 Force Majeure. Each Party shall use good faith, due diligence and reasonable
care in the perfornance of its respective obligations under this Agreement, and time shall be of
the essence in such performance; however, in the event a Party is unable, due to Force Majeure,
to perform its obligations under this Agreement, then the obligations affected by the Force
Majeure shall be temporarily suspended. Within ten (10) business days after the occurrence of a
Force Majeure, the Party claiming the right to temporarily suspend its performance, shall give
Notice to all the Parties in accordance with Section 9.3, including a detailed explanation of the
Force Majeure and a description of the action that will be taken to remedy the Force Majeure and
resume full perfonnance at the earliest possible time. After giving notice under this paragraph,
the Parry claiming the right to temporarily suspend its performance shall provide the other Party
a detailed explanation of the extent to which the Force Majeure condition continues to exist and a
description of the actions currently being taken to remedy the Force Majeure and such additional
explanations shall be provided in writing at least once every two weeks.
9.12 Complete Agreement. This Agreement embodies the entire Agreement
between the Parties and cannot be varied or terminated except as set forth in this Agreement, or
by written agreement of the City and Developer expressly amending the terms of this
Agreement. By entering into this Agreement, the Parties understand and agree that any previous
agreements or understanding between the Parties are null and void.
9.13 Consideration. This Agreement is executed by the Parties hereto without
coercion or duress and for substantial consideration, the sufficiency of which is hereby
acknowledged.
9.14 Acquisition of Property Condition. If Developer or its affiliate does not
acquire the Property, Developer may, at its option, terminate this Agreement by providing
written Notice to the City.
9.15 Exhibits. The following exhibits are attached to this Agreement and are
incorporated herein for all purposes:
Exhibit A Metes and Bounds Description of the Property
Exhibit B Concept Plan
Exhibit C CIP Facilities — Opinion of Probable Cost
Exhibit D Depiction of CIP Facilities
Exhibit E Addendum
[SIGNATURES PAGES AND EXHIBITS FOLLOW, REMAINDER OF THIS PAGE
INTENTIONALLY LEFT BLANK]
SOMERSET FARMS SUBDIVISION IMPROVEMENT AGREEMENT PAGE 17
EXECUTED BY THE PARTIES TO BE EFFECTIVE ON THE EFFECTIVE DATE. -
CITY:
CITY OF A I
a home -rule mun' ipal' in Ili County, Texas
By:
Name: Nate Pike
Title: Mayor
Date: 2 /13 / 20 24
STATE OF TEXAS §
COUNTY OF COLLIN §
This instrument was acknowledged before me on this I3'day of FQbrLj ry 2024,
by Nate Pike, Mayor of the City of Anna, a home -rule municipality in Collin County, Texas.
JEOVANNA RUBIO
otary Public, State of �Te
���State of Texas
: Notary Public,
Comm. Expires 10-03-2026
Notary ID 133995676
DEVELOPER:
GRAND HOMES DEVELOPMENT, Ile
a Texas limit i 11ity ompany
By.
Robert Garcia, EVP
THE STATE OF TEXAS
l -"d/4 s
COUNTY OF +*RIM-1VT
This instrument was acknowledged before me on the !� day of 2024, by
Robert Garcia, EVP of Grand Homes Development, LLC, a Texas limited liabilit company, on
behalf of said company.
VANESSA JEHANGIRI
�,; Notary Public, State of Texas
L
y= 01-17-2027
Comm. Expires
�
Notary ID 134147314
Notary Public in and for the State of Texas
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EXHIBIT 'A'
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AWREMTKM
BOUNDARY SURVEY
27.806 ACRES
J.C. BRANTLEY SURVEY
ABSTRACT NO. 114
COLLIN COUNTY, TEXAS
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FINAL PLAT
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SOMERSET FARMS
ll T. WINDROSE
N B,i.g 27.795 e,,s
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SURVEYINGII1$ 4 Ll=
EXHIBIT 'B' —l— Located iLhi. the Cit, l.irnit., Of
mrl . I. .. ... The City of Anna, Collin COUnLy. Texas
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EXHIBIT 'C'
Opinion of Probably Cost
Somerset Farms Mite
Sewer OPC
1/22/2024
ITEM
OUANTITY
UNIT
ESTIMATE
COST
Sanita Sewer
Llne'A'
8" SDR-26 (15'-22' DEEP)
1295
LF
$95.00
$123,025
5' DROP MH (I T DEEP)
1
EA
$19.000.00
$19,000
4' MH (15' DEEP)
7
EA
$9,500.00
$66,500
CEMENT STABILIZED SAND
40
LF
$25,00
$1,000
Llne'B'
8" SDR-26 (9'-16' DEEP)
540
LF
S85.00
$45,900
4' MH (15' DEEP)
2
EA
$9.500.00
$19,000
4' MH (STANDARD)
2
EA
$7,800.00
$15,600
CEMENT STABILIZED SAND
20
LF
S25.00
$500
BONDS 2%0
2.00%
L.S.
$5,801
S5,801
SUB -TOTAL SANITARY SEWER
$296,326
TOTAL
$296, 326
CONTINGENCY
5.00%
$14,816
CONSTRUCTION ESTIMATE
$311,142
FEES
CONSTRUCTION STAKING
1
LS
54,200.00
$2,900
CITY INSPECTION FEE
5.00%
L.S.
$15,557
$15,557
SUB -TOTAL FEES
$18,467
TOTAL HARD COST
$329,599
Notes:
Quantities are based off of the Cedar Ridge Addition, Phase 1 by Pape Dawson (6/26/23)
No geotech ana sis was utilized in this estimate
1 /22/2024 Page 1
EXHIBIT 'D'
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18
EXHIBIT IV
ADDENDUM
This Addendum modifies and amends the Somerset Farms Subdivision Improvement Agreement
(the "Agreement") and shall control in the event of any conflict. To the extent that the City funds
or provides reimbursement of Construction Costs of any of the Public Improvements, the limit of
participation by the City shall not exceed 30 percent of the total price of the contract(s) for such
improvements; provided, however, that the City may participate by funding or reimbursing up to
100 percent of the total Construction Cost for any oversizing of Public Improvements, which
such oversizing would include Developer's construction of the CEP Sanitary Sewer
Improvements and/or the Oil site Sanitary Sewer Improvements. To the extent required under
Texas Local Government Code § 212.073, Developer must execute a performance bond for the
construction of such improvements to ensure completion of the project. The bond must be
executed by a corporate surety in accordance with Texas Government Code Chapter 2253. This
Addendum shall not modify the City's obligation to provide pump -and -haul sanitary sewer
services in the event that Substantial Completion of the Development occurs prior to completion
of the Coyote Meadows Lift Station. Except as expressly set forth in this Addendum, this
Addendum does not modify or amend the Agreement.
EXECUTED BY THE PARTIES TO BE EFFECTIVE OF THE EFFECTIVE DATE OF THE
AGREEMENT:
CITY:
CITY OF ANNA,
a home -rule m - ipa ' y in o intounty, Texas
Name: Nate Pike, May
Date: ;z /r-?>/20;zq
STATE OF TEXAS
COUNTY OF COLLIN
This instrument was acknowledged before me on this 13t day of fe-bruri 20249
b Nate Pike Mayor of the City of Anna, a home -rule municipality in Collin County, Texas.
y y �
��`''% JEOVANNA RUBIO
`�% �Y PV ��
i°'� Notary Public, State of Texas
;�^�,.� Comm. Expires 10-U3-2026
:O;titi Notary ID 133995676
EXHIBIT `E' ADDENDUM Page I of 2
DEVELOPER:
GRAND HOME VELOPMENT, LLC
a Texas ]imite t �'i y c
By:
Name: Ro ert Garcia, i s Executive Vice President
Date: 7-1
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on this � day of e6j&t 2024,
by Robert Garcia, Executive Vice President of Grand Homes Development, LLC, a T as
limited liability company, on behalf of said company.
VANESSAJEHANGIRI
a�g� _Notary Public, State of Taxes
�5.w. Comm. Expires 01-17-2027
Notary ID 134147314
EXHIBIT `E' ADDENDUM Page 2 of 2
CITY OF ANNA, TEXAS
(Property rezoned under this ordinance is generally located on the south side of County
Road 376, 3,910± feet east of N Powell Parkway (State Highway 5))
•-� •
AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S
COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE
ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS,
REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE;
PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST
PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City of Anna, Texas ("City") has previously adopted ordinances, rules and
regulations governing the zoning in the City; and
WHEREAS, the City has received a requested for zoning from Kenneth O'Neal and Kathyene
Boring on Property described in Exhibit A and Exhibit B ("Property") attached hereto and
incorporated herein for all purposes as if set forth in full; and
WHEREAS, said Property generally located on the south side of County Road 376, 3,910± feet
east of N Powell Parkway (State Highway 5) to Single -Family Residential District (SF-72); and
WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of
Anna ("City Council") have given the requisite notices by publication and otherwise and have held
the public hearings as required by law and afforded a full and fair hearing to all property owners
and generally to all persons interested in and situated in the affected area and in the vicinity
thereof, the City Council has concluded that the Zoning Ordinance of the City should be amended
as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS THAT:
Section 1. Recitals Incorporated
The above recitals are incorporated herein by reference for all purposes.
Section 2. Zoning Change
The Anna City Code of Ordinances are hereby amended by establishing the zoning of the Property
described in Exhibit A and Exhibit B to Single -Family Residential District (SF-72) zoning.
Section 3. Official Zoning Map
The official Zoning Map of the City shall be corrected to reflect the change in zoning described
herein.
Section 4. Savings, Repealing and Severability Clauses
It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs,
subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase,
sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared
unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court
of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any
of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of
this ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words,
sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or
parts of ordinances in force when the provisions of this ordinance become effective that are
consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified
to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in
force when the provisions of this ordinance become effective that are inconsistent or in conflict
with the terms and provisions contained in this ordinance are hereby repealed only to the extent
of any such conflict.
Section 5. Penalty
Any violation of any of the terms of this ordinance, whether denominated in this ordinance as
unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall
be fined in an amount not to exceed $2,000 for each incidence of violation. Each day a violation
exists is considered a separate offense and will be punished separately.
Section 6. Publication of the Caption and Effective Date
This ordinance shall be effective upon its passage by the City Council, approval by the Mayor,
and posting and/or publication, if required by law, of its caption. The City Secretary is hereby
authorized and directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas this 23rd day of March 2021.
ATTESTED: APPROVED:
or-
LaLZA;C_
Carrie L. Land, City Secretary Nate Pike, Mayor
!rllN1IIIItI1111����\
Q Sqq 2
Being a tract of land, situated in the J. C. Brantley Survey, Abstract No. 114, in Collin
County, Texas, and being all of that tract of land, described by deed to Kenneth W. O'Neal,
as recorded in Volume 2874, Page 62, of the Deed Records, Collin County, Texas
(D.R.C.C.T.), and also being the remainder of that tract of land, described by deed to
Kathyene Rae Boring, as recorded in Volume 4716, Page 2511, D.R.C.C.T., said tract being
more particularly described as follows:
BEGINNING at a 1/2" iron rod found in the westerly line of said Boring tract, same being
the northeasterly corner of a tract of land, described by deed to Stonehollow Homes, LLC,
as recorded under Document No. 20180125000096980, of the Official Public Records, Collin
County, Texas (O.P.R.C.C.T), said corner being in the southerly monumented line of
County Road No. 376;
THENCE South 88°16123" East, along the southerly monumented line of County Road No.
376, same being over and across said Boring tract, a distance of 754.53' to a 1/2" iron rod
with a yellow plastic cap stamped "RPLS 5686" set (herein after referred to as a capped
iron rod set) for the northeasterly corner of the herein described tract, same being in the
easterly line of said Boring tract, from which a 1/2" iron rod found bears, North 01°38'20"
East, a distance of 40.50';
THENCE South 01138'20" West, along the easterly line of said Boring and O'Neal tracts, a
distance of 792.00' to a point for corner, being the northeasterly corner of a tract of land,
described by deed to James Elrod, as recorded under Document No. 20190422000426450,
O.P.R.C.C.T., from which a 1/2" iron rod found bears, North 88°22'37" West, a distance of
0.48';
THENCE North 88°22'37" West, along the northerly line of said Elrod tract, a distance of
280.63' to a 1/2" iron rod found for the northwesterly corner of said Elrod tract;
THENCE South 01°37'02" West, along the westerly line of said Elrod tract, a distance of
787.78' to a 1/2" iron rod found for the southwesterly corner of said Elrod tract, same being
in the northerly monumented line of County Road No. 427;
THENCE along the northerly and northeasterly monumented line of said County Road No.
427, the following 5 (five) courses and distances:
South 87°17'00" West, a distance of 76.14' to a capped iron rod set for an angle point;
North 76°57'00"" West, a distance of 109.39' to a capped iron rod set for an angle point;
North 62°49'0" West, a distance of 542.20' to a 1/2" iron rod found for an angle point;
North 60°38'00" West, a distance of 116.00' to a 1/2" iron rod found for corner;
North 58°38'00" West, a distance of 375.81' to a capped iron rod set for the most westerly
corner of the herein described tract, same being in the most southerly southeast line of the
aforementioned Stonehollow Homes, LLC tract, from which a 1/2" iron rod found bears,
South 36°02'39" East, a distance of 20.36';
THENCE along the common line between said Stonehollow Homes, LLC, O'Neal and
Boring tracts, the following 3 (three) courses and distances:
'r
North 36°02'39" East, a distance of 350.43' to a 1/2" iron rod found for corner;
South 89°37'25" East, a distance of 427.20' to a 1/2" iron rod found for corner;
North 01147119" East, passing the southwesterly corner of said Boring tract, at a distance
of 337.54', and continuing in all, a total distance of 792.49' to the POINT OF BEGINNING
and containing 27.806 acres of land, more or less.
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4
CITY OF ANNA
PLANNING & ZONING COMMISSION
March 15, 2020
Public Hearing: Zoning — Sweet Cow Addition
Applicant: Kenneth O'Neal & Kathyene Boring
DESCRIPTION:
Request to zone 27.8± acres located on the south side of County Road 376, 3,910± feet
east of N. Powell Parkway (State Highway 5) to Single -Family Residential District (SF-
72). The property is currently located in the extraterritorial jurisdiction (ETJ) and the
applicant has submitted an annexation petition.
REMARKS:
The applicant is requesting to zone the subject property in order to allow for single-family
residences. The Single -Family Residential District (SF-72) is designed to accommodate
single-family residential development on relatively ample lots. The district can be
appropriately located in proximity to agricultural and single-family residential uses.
The subject property is currently undeveloped.
The applicant is not requesting to vary from any of the City of Anna adopted regulations.
Surrounding Land Uses and Zoning
North
Self -storage and single-family residences located in the Extraterritorial
Jurisdiction ETJ .
East
Single-family residences and vacant land located in the Extraterritorial
Jurisdiction ETJ .
South
Religious facility and vacant land located in the Extraterritorial Jurisdiction
ETJ .
West
Single-family residences zoned Planned Development-677-2015 (Camden
Parc, Phase 3/SF-72
Conformance with the City of Anna Strategic Plan and Comprehensive Plan
Anna Vision 2035
a. Principle 3: Beautiful Community
i. Well -maintained, attractive neighborhoods and single-family
homes complying with City codes and ordinances
�X
ii. Attractive and high standards for neighborhood entrances
b. Principle 5: Great Housing Opportunities
Strong code compliance protecting and enhancing the appearance,
protecting property values and supporting neighborhood integrity.
City of Anna Goals for 2025
a. Sustainable Anna Community Through Planned, Managed Growth
Having new buildings and homes that are attractive and using the
appropriate building materials and meeting City's architectural
standards.
ii. Having a range of housing choice available in Anna.
Future Land Use Plan — The Future Land
Use Plan designates this property as Single -
Family. This category is only generally defined
within the current Comprehensive Plan.
Residential: Land on which there exists one or
more dwelling units, including accessory
buildings; the primary use being for sheltering
individuals, families, or groups of persons.
Single-family includes those permanent
structures, which were originally designed to
provide housing for one family unit. Multi-
family housing structures include those which
were originally designed to house two or more
family units, such as duplexes, apartment houses,
SUMMARY:
and group quarters.
Request to zone 27.8± acres located on the south side of County Road 376, 3,910± feet
east of N Powell Parkway (State Highway 5). The property is currently located in the
extraterritorial jurisdiction (ETJ) and the applicant has submitted an annexation petition.
The request is in conformance with the Future Land Use Plan and elements of the City of
Anna Strategic Plan and Comprehensive Plan. For these reasons, staff is in support of
the zoning request.
RECOMMENDATION:
Recommended for approval subject to City Council approval of annexation.
ZONING -SWEET COW PAGE 2 OF 2
Response #1
THE CITY OF
manna
In favor of request
Comments:
Please circle one:
Neutral to request
Opposed to request
By signing this letter, I declare I am the owner or authorized agent of the property at the address
written below.
R1011- 8e
(PleaseName Print)
• � ,
/Gas «/.�.✓«c�a2� ; il�l� C�ivr/�y T,!' �,sa7Z
Address
3- 3 -21
Date
Please return form to:
USPS Mail:
City of Anna
Planning and Development Department
P.O. Box 776
Anna, TX 75409
Hand Delivery:
Planning and Development Department
3223 N. Powell Parkway
Anna, TX 75409
Or by e-mail to LMECKECcD-annatexas.gov
Subject: Zoning Response — Villages of Waters Creek
Sweet Cow Zoning 03/15/2021 q
�C�
Response #2
THE CITY OF
tna
In favor of request
Comments:
Please circle one:
Neutral to request
Opposed to request
By signing this letter, I declare I am the owner or authorized agent of the property at the address
written below.
tic, ,4h VJ - D Ned
Name (Please Print)
Signatur "�
.,ems '
M�9
Address
�-' "') j
Date
Please return form to:
USPS Mail:
City of Anna
Planning and Development Department
P.O. Box 776
Anna, TX 75409
Hand Delivery:
Planning and Development Department
3223 N. Powell Parkway
Anna, TX 75409
Or by e-mail to LMECKE(a)_annatexas.gov
Subject: Zoning Response — Villages of Waters Creek
Sweet Cow Zoning 03/15/2021
PRINCETON AVE.
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wo \ ?' \ / p1 w° Oo0. 8,493 SF
0 3 ry� o p, ,Vo• 00 4 \ / ^� \ 4S• o+ io r // //
7,200 SF / "� ryw. // \ 1 os. �^ ^ • ^,� yt� \ `\. a I N - 112o.s7'
1?0 11' 4586' / / \ / '1y ^o s� 00, \ °o
,� 00. / o •83. / 1• o o \ 1003 120.97'
w� 7?000. \ oo • `\. \ \ 'Yo / 4g97. / \ ^N ^po�5�
S\C�OV ^ry ti Q / \ 6y?g•,`n / 10
y / 9,530 SF / ryp s 8°4 \` �R Q00, \ q, A ^� F / \ 499j / / \ g5 ry° / \ \ \� 70,357 SF m
^y \ \ 7 836. 36 7\. `/ \ / ^ �rt,5 ^e, / \ 1003• \ '1'y ,nN ,yam Q /N • / m % %
`% \ \ 4•. 4y \ / g o. ^o / 49 p 0h 14 lb
\ / 00• ^O,o 69 �2?, \. 7sq • \SS / ^ h'1y a \ \ / 9^ 6 / O \140,7
1-x
A
ry
s4. 3), 0. S FT@ / a n a 60 ai D 7'
1,803 S.F. \ / w � '1• 5 � \ �` a> .,?0. \ 'TCk 'l'ti � o Q / 7-X oo• \ � �'�°j h 0�
HOA LOT ^oo ��, •l0'S \ ROIN� ?5,�,, 61� a 10,980 S.F.
�^� 5� \ sootACZ 64• 0. 0 Vlrya �nw HOA LOT 6536. 6R 0 11,684 SF
/ ^y°• \ 7660 \ �^Jp o ^p, \ 1.49 �\ \ / ^ 69• 4,'ti' / 5761 ~ �'
\ 25.
'IV 10. eb \(F >'> °o0..zs 'S.v.T. g•�
N58038'00"W
375.81'
OWNERS DEDICATION
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
s B 16:,2 2 0154..�,1 61.25 j- 1\ 9 / 1' \\/ ww.
?o �40, 1^ ryo ab Q 2$SFt \ ?6,? S7�4 .\` 7 S82° 54 �' �' S9 y 8
^p ^y/ / @qCk \ \ F 7j \ /� \\ 13,330 SF /
\1 g2 \ \ no O�pyQ^;y \ \ N� 3 6.07'-61.25'-11�0,
1 x 6 ten. /• G 10. / 10' UE
5,975 S.F. SS o' !� / 0 5 9�' , SETBACK 6
HOA LOT 7q, �' ^P' W / 25' 8,765 SF �,, m 12,700 SF \
ti/3,8 30 -- / 4 \, i9 c\
�gRiq `F�N9 3• 4j69• \ / q° \ vs 9,503 SF 15• DRAINAGE\
CR R��q^' \ /w' q, h / \ 10,209 SF
ESMT
`71,6p 6966. b NO / \ )So \\ 69.42•
76.21' /
F \ o
9,603 SF
N OMj h \ 11946,
yryh/ zx
N60038'00"W ''"° S.F. 19 '
HOA LOT o0 77,019 S.F.
116.00' � HOA LOT
THAT GOW PROPERTIES, LLC DOES HEREBY ADOPT THIS PLAT, DESIGNATING THE HEREIN ABOVE
DESCRIBED PROPERTY AS ANNA SWEETCOW AN ADDITION TO THE CITY OF ANNA, COLLIN COUNTY, TEXAS AND DO HEREBY
DEDICATE, IN FEE SIMPLE, TO THE PUBLIC USE FOREVER THE STREETS AND ALLEYS SHOWN THEREON. THE EASEMENTS SHOWN
THEREON ARE HEREBY RESERVED FOR THE PURPOSE INDICATED. THE UTILITY AND FIRE LANE EASEMENTS SHALL BE OPEN TO
THE PUBLIC, FIRE AND POLICE UNITS, GARBAGE AND RUBBISH COLLECTION AGENCIES, AND ALL PUBLIC AND PRIVATE UTILITIES
FOR EACH PARTICULAR USE. THE MAINTENANCE OF PAVING ON THE UTILITY AND FIRE LANE EASEMENTS IS THE
RESPONSIBILITY OF THE PROPERTY OWNER. NO BUILDINGS, FENCES, TREES, SHRUBS OR OTHER IMPROVEMENTS OR GROWTHS
SHALL BE CONSTRUCTED RECONSTRUCTED OR PLACED UPON, OVER OR ACROSS THE EASEMENTS AS SHOWN. SAID EASEMENTS
BEING HEREBY RESERVED FOR THE MUTUAL USE AND ACCOMMODATION OF ALL PUBLIC UTILITIES USING OR DESIRING TO USE
SAME. ALL, AND ANY PUBLIC UTILITY SHALL HAVE THE RIGHT TO REMOVE AND KEEP REMOVED ALL OR PART OF ANY
BUILDINGS, FENCES, TREES, SHRUBS, OR OTHER IMPROVEMENTS OR GROWTHS WHICH IN ANY WAY MAY ENDANGER OR
INTERFERE WITH THE CONSTRUCTION, MAINTENANCE OR EFFICIENCY OF ITS RESPECTIVE SYSTEM ON THE EASEMENTS, AND ALL
PUBLIC UTILITIES SHALL AT ALL TIMES HAVE THE FULL RIGHT OF INGRESS AND EGRESS TO OR FROM AND UPON THE SAID
EASEMENTS FOR THE PURPOSE OF CONSTRUCTING, RECONSTRUCTING, INSPECTING, PATROLLING, MAINTAINING AN ADDING TO OR
REMOVING ALL OR PARTS OF ITS RESPECTIVE SYSTEMS WITHOUT THE NECESSITY AT ANY TIME OF PROCURING THE PERMISSION
OF ANYONE. (ANY PUBLIC UTILITY SHALL HAVE THE RIGHT OF INGRESS AND EGRESS TO PRIVATE PROPERTY FOR THE PURPOSE
OF READING METERS AND ANY MAINTENANCE OF SERVICE REQUIRED OR ORDINARILY PERFORMED BY THAT UTILITY).
WATER MAIN AND WASTEWATER EASEMENTS SHALL ALSO INCLUDE ADDITIONAL AREA OF WORKING SPACE FOR CONSTRUCTION
AND MAINTENANCE OF THE SYSTEMS. ADDITIONAL EASEMENT AREA IS ALSO CONVEYED FOR INSTALLATION AND MAINTENANCE
OF MANHOLES, CLEANOUTS, FIRE HYDRANTS, WATER SERVICES AND WASTEWATER SERVICES FROM THE MAIN TO THE CURB OR
PAVEMENT LINE, AND DESCRIPTION OF SUCH ADDITIONAL EASEMENTS HEREIN GRANTED SHALL BE DETERMINED BY THEIR
LOCATION AS INSTALLED.
THIS PLAT APPROVED SUBJECT TO ALL PLATTING ORDINANCES, RULES, REGULATIONS, AND RESOLUTIONS OF THE CITY OF
ANNA, TEXAS.
WITNESS, MY HAND AT --------- TEXAS, THIS THE _____DAY OF ----------- 20
OWNER
/
FO/c�T/ON
N62049'00"W
542.20'
N76057'00"W
109.39'
STATE OF TEXAS §
COUNTY OF COLLIN §
25.40'
BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND
FOR COLLIN COUNTY, TEXAS, ON THIS DAY PERSONALLY APPEARED
KNOWN TO ME TO BE THE PERSON WHOSE NAME IS
SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT
HE EXECUTED THE SAME FOR THE PURPOSE AND CONSIDERATIONS THEREIN
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE____________
DAY OF ----------- 20__.
NOTARY PUBLIC IN AND FOR COLLIN COUNTY, TEXAS
STATE OF TEXAS §
COUNTY OF COLLIN §
BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND
FOR COLLIN COUNTY, TEXAS, ON THIS DAY PERSONALLY APPEARED
KNOWN TO ME TO BE THE PERSON WHOSE NAME IS
SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT
HE EXECUTED THE SAME FOR THE PURPOSE AND CONSIDERATIONS THEREIN
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE____________
DAY OF ----------- 20__.
NOTARY PUBLIC IN AND FOR COLLIN COUNTY, TEXAS
S87017'00"W
76.14'
1i21.R.F. (R.M.)
S01 °38'20"W
792.00'
1!21.R.F R.MJ
LEGAL DESCRIPTION
Being a tract of land, situated in the J. C. Brantley Survey, Abstract No. 114, in Collin County, Texas, and being all of
that tract of land, described by deed to Kenneth W. O'Neal, as recorded in Volume 2874, Page 62, of the Deed Records,
Collin County, Texas (D.R.C.C.T.), and also being the remainder of that tract of land, described by deed to Kathyene Rae
Boring, as recorded in Volume 4716, Page 2511, D.R.C.C.T., said tract being more particularly described as follows:
BEGINNING at a 1/2" iron rod found in the westerly line of said Boring tract, same being the northeasterly corner of a
tract of land, described by deed to Stonehollow Homes, LLC, as recorded under Document No. 20180125000096980, of
the Official Public Records, Collin County, Texas (O.P.R.C.C.T), said corner being in the southerly monumented line of
County Road No. 376;
THENCE South 88'16'23" East, along the southerly monumented line of County Road No. 376, same being over and
across said Boring tract, a distance of 754.53' to a 1/2" iron rod with a yellow plastic cap stamped "RPLS 5686" set
(herein after referred to as a capped iron rod set) for the northeasterly corner of the herein described tract, same
being in the easterly line of said Boring tract, from which a 1/2" iron rod found bears, North 01'38'20" East, a distance
of 40.50%
THENCE South 01'38'20" West, along the easterly line of said Boring and O'Neal tracts, a distance of 792.00' to a point
for corner, being the northeasterly corner of a tract of land, described by deed to James Elrod, as recorded under
Document No. 20190422000426450, O.P.R.C.C.T., from which a 1/2" iron rod found bears, North 88'22'37" West, a
distance of 0.48%
THENCE North 88'22'37" West, along the northerly line of said Elrod tract, a distance of 280.63' to a 1/2" iron rod
found for the northwesterly corner of said Elrod tract;
THENCE South 0137'02" West, along the westerly line of said Elrod tract, a distance of 787.78' to a 1/2" iron rod
found for the southwesterly corner of said Elrod tract, same being in the northerly monumented line of County Road No.
427;
THENCE along the northerly and northeasterly monumented line of said County Road No. 427, the following 5 (five)
courses and distances:
South 87'17'00" West, a distance of 76.14' to a capped iron rod set for an angle point;
North 76'57'00"" West, a distance of 109.39' to a capped iron rod set for an angle point;
North 62'49'0" West, a distance of 542.20' to a 1/2" iron rod found for an angle point;
North 6038'00" West, a distance of 116.00' to a 1/2" iron rod found for corner;
North 58'38'00" West, a distance of 375.81' to a capped iron rod set for the most westerly corner of the
herein described tract, same being in the most southerly southeast line of the aforementioned Stonehollow
Homes, LLC tract, from which a 1/2" iron rod found bears, South 36'02'39" East, a distance of 20.36%
THENCE along the common line between said Stonehollow Homes, LLC, O'Neal and Boring tracts, the following 3 (three)
courses and distances:
North 36'02'39" East, a distance of 350.43' to a 1/2" iron rod found for corner;
South 89'37'25" East, a distance of 427.20' to a 1/2" iron rod found for corner;
North 01*47*19" East, passing the southwesterly corner of said Boring tract, at a distance of 337.54', and
continuing in all, a total distance of 792.49' to the POINT OF BEGINNING and containing 27.806 acres (1211229 SF)
of land, more or less.
GENERAL NOTES:
• A 6' HIGH MASONRY FENCE REQUIRED ALONG LEONARD DRIVE.
• 10' UTILITY ESMT. TO BE PLATTED ALONG ALL STREET R.O.W.(S)
• NO LOT -TO -LOT DRAINAGE WILL BE ALLOWED.
• NO PERMANENT STRUCTURES SHALL BE CONSTRUCTED OVER THE EXISTING GAS
PIPELINE EASEMENT.
• SALE OF A PORTION OF THE LOT BY METES AND BOUNDS IS PROHIBITED.
• PER CITY ORDINANCE, ALL STREETS SURROUNDING THE PROPOSED
DEVELOPMENT SHALL BE IMPROVED TO CITY DESIGN STANDARDS AND
CONSISTENT WITH THE CITY'S THOROUGHFARE PLAN.
• 25' FRONT YARD SETBACKS SHOWN.
• NO APPURTENANCES BETWEEN THE HEIGHT OF 2.5' AND 10' SHALL BE PLACED
IN THE VISIBILITY EASEMENTS (S.V.T.'s)
N
S
0 50 100 200
Scale: 1" = 100'
RH
PROJECT
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L E G E N D
D. E. DRAINAGE ESMT.
U.E. UTILITY ESMT.
B.L. BUILDING LINE
S.V.T. SIGHT VISIBILITY TRIANGLE
C.B.U. CLUSTER BOX UNIT
W.M.E. WALL MAINTENANCE ESMT.
Location Ma
N.T.S.
N
W E
S
FLOOD CERTIFICATE:
AS DETERMINED BY THE FLOOD INSURANCE RATE MAPS FOR COLLIN COUNTY,
TEXAS THIS PROPERTY APPEARS NOT TO LIE WITHIN THE SPECIAL FLOOD HAZARD
AREA (100-YEAR FLOOD PLAIN), MAP PANEL NUMBER48085CO160 J.
DATED: JUNE 2, 2009 AND IS LOCATED IN ZONE "X".
APPROXIMATE DEVELOPMENT SCHEDULE
BEGIN CONSTRUCTION - MARCH 2O24
END CONSTRUCTION - MARCH 2O25
BEGIN RESIDENTIAL CONSTRUCTION - APRIL 2025
Curve Table
Curve #
Length
Radius
Delta
Chord Direction
Chord Length
C1
353.92
250.00
81.11
N74° 44' 27"E
325.09
C2
59.06
640.00
5.29
S62o 19' 14"E
59.04
C3
175.93
175.00
57.60
S540 06' 03"W
168.61
C4
290.26
200.00
83.15
S41 ° 19' 24"W
265.45
C5
64.57
233.00
15.88
S820 07' 46"E
64.37
C6
35.42
300.00
6.77
S860 41' 26"E
35.40
C7
60.84
300.00
11.62
S890 07' 05"E
60.74
C8
128.86
1000.00
7.38
N30 37' 06"E
128.77
C9
131.74
1000.00
7.55
N30 32' 09"E
131.65
C10
83.78
800.00
6.00
S30 04' 25"E
83.74
C11
83.49
800.00
5.98
SY 05' 03"E
83.45
NOTE:
NO APPURTENANCES BETWEEN THE HEIGHT OF 2.5' AND 10'
SHALL BE PLACED IN THE VISIBILITY EASEMENTS (S.V.T.'s)
APPROVED THIS DAY OF _ BY THE
CITY COUNCIL OF THE CITY OF ANNA, TEXAS.
N•Ve-
CITY SECRETARY
PRELIMINARY PLAT
FOR
SOMERSET FARMS ADDITION
Anna, Tx
Collin County
BEING 92 RESIDENTIAL LOTS
AND 6 X-LOTS
OUT OF 27.806 ACRES (1,211,229 S.F.) IN THE
J.C. BRANTLEY SURVEY, ABSTRACT NO. 114
COLLIN COUNTY, TEXAS
ZONED: SF-72
BLOCK A: LOTS 1-28
BLOCK B: LOTS 1-7
BLOCK C: LOTS 1-14
BLOCK D: LOTS 1-13
BLOCK E: LOTS 1-12
BLOCK F: LOTS 1-12
BLOCK G: LOTS 1-12
Owner :
GOW PROPERTIES, LLC
205 W. LOUSIANA STREET
STE 201
McKINNEY, TEXAS 75069
Engineer:
CCM ENGINEERING
2570 F.M. 407, Suite 209
Highland Village, Texas 75077
972.691.6633
TBPE Firm #605
REV JANUARY 5, 2024 SHEET 1 OF 1 1" = 100'
GRAND HOMES
Grand Whitehall
Design #2377z/2897/3216/3605/3940
Preliminary Concept Design. Subject to Change.
mk_
Upgrade Elevation WH
Design #3605/3940
Optional: Stone, Metal Roofing
(Model at Lakes at Legacy)
representative photo
mmm9 BEST
GRAND HOMES
BUS he Best Building Company in America
GRANDr.
"--',.
Hartford
Design #3125/3420/3963
Preliminary Concept Design. Subject to Change.
77-IT-777
Ili7
oil I JUI
Ism,
Upgrade Elevation H
Optional: Stone
(Model at Chadwick Farms in Fort Worth)
representative photo
GRAND HOMES
he Best Building Company in America
GRAN "HOMES
Grand Heritage
Design #3258/3490/3761
Preliminary Concept Design. Subject to Change.
Upgrade Elevation TC
Optional: Stone, Metal Roofing,
(Model at Heritage Ridge Estate)
representative photo
6 GRAND HOMES
BUS he Best Building Company in America
GRAN'HOMES
D: , _.
Grand Martinique
Design #3438/3701/3703/3735/4015/4018
Preliminary Design Concept. Subject to Change.
Upgrade Elevation G
Design #4015
Optional: Stone, Metal Roofing
(Model Home at Lake Forest)
BEsr GRAND HOMES
BUS he Best Building Company in America