HomeMy WebLinkAboutRes 2024-02-1598 Development Agreement with White and Willow - Anna, LLC (White & Powell Commercial Addition)CITY OF ANNA, TEXAS
RESOLUTION NO. 202t-j - O- 15a 3
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A DEVELOPMENT
AGREEMENT WITH WHITE AND WILLOW - ANNA, LLC AND BRIAN ROPER
RELATING TO DEVELOPMENT AND DESIGN REGULATIONS FOR MULTIPLE -
FAMILY RESIDENCE AND COMMERCIAL DEVELOPMENT LOCATED ON THE EAST
SIDE OF U.S. HIGHWAY 75, 1,200± FEET SOUTH OF W. WHITE STREET.
WHEREAS, White and Willow — Anna, LLC and Brian Roper are the Property Owners of real
estate generally located at the southwest corner of S. Powell Parkway and W. White Street;
and
WHEREAS, Property Owners desire to rezone the subject property to allow Downtown
(DT) District and Regional Commercial (C-2) District uses; and
WHEREAS, Property Owners have agreed to development and design regulations should
the City approve rezoning the property.
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. Approval
The City Council hereby approves the Development Agreement with White and Willow -
Anna, LLC. and Brian Roper, attached hereto as Exhibit A, and ratifies and approves the
City Manager's execution of the same. The City Manager is hereby authorized to execute
all documents and take all other actions necessary to finalize, act under and enforce the
Agreement.
PASSED by the City Council of the City of Anna, Texas, on this 27th day of February,
2024.
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DEVELOPMENT AGREEMENT
This Development Agreement (this "Agreement") is entered effective as of February
27, 2024 ("Effective Date") between and among the City of Anna, Texas, a Texas home -rule
municipality ("City") and White and Willow — Anna LLC and Brian Roper (collectively,
"Owners") (City and Owner are herein collectively referenced as Parties ("Parties")) as follows:
RECITALS
WHEREAS, the Owners own 9.9± acres of real property located at the southwest corner of S.
Powell Parkway and W. White Street, as described in Exhibit 1 and depicted on Exhibit 2, (the
"Property"); and,
WHEREAS, the Property is subject to City Regulations, including without limitation the City's
zoning regulations; and,
WHEREAS, the current zoning classification of the Property includes Single -Family Residential
(SF-7.2) District, Local Commercial (C-1) District, and Agricultural (AG) District (the "Original
Zoning Classification"); and,
WHEREAS, The Owners have applied to rezone the Property to Regional Commercial (C-2)
District and Downtown (DT) District to allow for a retail, restaurant, office, and mixed -use
development (the "Zoning Change"); and,
WHEREAS, the City's Planning & Zoning Commission and City Council have given the requisite
notices by publication and otherwise and have scheduled public hearings with respect to the
rezoning of the Property as required by law; and,
WHEREAS, the City and Owners desire to enter into a development agreement to establish
development and design regulations to ensure that future retail, restaurant, office, and mixed -use
development is appropriate for the area and fits in well with adjacent properties; and,
WHEREAS, it is the Parties' mutual intent that this agreement shall govern only the subject matter
specifically set forth herein and shall supersede City Regulations only to the extent that any such
City Regulations directly conflict with the terms of this development agreement; and,
NOW, THEREFORE, in consideration of the above recitals and the mutual consideration as
reflected in the covenants, duties and obligations contained herein, the sufficiency of which is
hereby acknowledged, the Parties hereto agree as follows, effective as of the Effective Date:
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SECTION 1. RECITALS INCORPORATED.
The recitals set forth above are incorporated herein as if set forth in full to further describe the
Parties' intent under this development agreement and said recitals constitute representations by
Owners and the City.
SECTION 2. DEVELOPMENT STANDARDS / BUILDING MATERIALS.
A. Development and use of the Property, including, without limitation, the construction,
installation, maintenance, repair, and replacement of all buildings and all other
improvements and facilities of any kind whatsoever on and within the Property, shall be in
compliance with City Regulations unless expressly stated to the contrary in this Agreement.
City Regulations shall apply to the development and use of the Property unless expressly
set forth to the contrary in this Agreement. It is expressly understood and the Parties agree
that City Regulations applicable to the Property and its use and development include but
are not limited to City Code provisions, ordinances, design standards, uniform codes, zoning
regulations not in conflict with this Agreement, and other policies duly adopted by the City
including without limitation any such regulations or requirements that were affected by the
passage of Texas H.B. 2439, 86(R), codified as Chapter 3000 of the Texas Government
Code ("Materials and Methods Regulations"), which are collectively incorporated herein as
if set forth in full for all purposes; provided, however, to the extent of any conflict between
the requirements of such Materials and Methods Regulations and the requirements of this
Agreement, this Agreement shall control. For purposes of this Agreement, "City
Regulations" mean the City's applicable development regulations in effect on the Effective
Date, including without limitation City Code provisions, zoning and other ordinances
(including, without limitation, all development fees), design standards, and other policies
duly adopted by the City; provided, however, that as it relates to public infrastructure for any
given phase of the Project, the applicable construction standards (including, without
limitation, uniform building codes) shall be those that the City has duly adopted at the time
of the filing of an application for a preliminary plat for that phase unless construction has not
commenced within two years of approval of such preliminary plat in which case the
construction standards shall be those that the City has duly adopted at the time that
construction commences.
B. All structures, construction, building materials, and other aspects of Development within the
Property shall conform to all City Regulations directly or indirectly governing the Regional
Commercial (C-2) District or Downtown (DT) District —to the extent said zoning districts
apply to any given area(s) within the Property —including without limitation the Anna City
Code of Ordinances, Article 9.04 Zoning Ordinance, as well as the following listed standards
(and in the event of any conflict, the following listed standards shall govern).
1. All structures shall have at least seventy percent (70%) of the total exterior walls,
excluding doors and windows, constructed of masonry (brick, stone, pre -cast
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stone, stucco materials and/or other similar veneer materials) with no more than
thirty percent (30%) consisting of cementitious siding or paneling. Stucco
materials shall not exceed fifty percent (50%) of any exterior wall or structure.
2. Where the function of an individual business, or the recognized identity of a brand
dictates a specific style, image, or building material associated with that company,
the masonry provision may be modified; however, the development shall maintain
harmony in terms of overall project design and appearance, and any such design
modification shall be subject to approval by the City Council.
3. Four architectural design features are required on facades facing public streets
and multi -family residential. Acceptable architectural design features may include
but are not limited to:
a. Articulation of building facade,
b. A horizontal change in building materials between stories of a building,
c. Variation in building materials between vertical intervals,
d. Variations in window placement,
e. Architectural features such as shutters, awnings, dormers, chimneys,
decorative moldings or ornamental details, and
f. Roof height, pitch, ridgelines and materials shall be varied to create visual
interest and avoid repetition.
SECTION 3. NOTICES.
Any and all notices required to be given by either of the parties hereto must be in writing and will
be deemed delivered upon personal service, if hand -delivered, or when mailed in the United States
mail, certified, return receipt requested, addressed as follows:
To City: City Manager
City of Anna
120 W. 7th Street
Anna, Texas 75409
To Property Owner: White and Willow — Anna LLC
c/o Bruce Marcus
1717 Pembroke Lane
McKinney, TX 75070
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To Property Owner: Brian Roper
119 Redbud Trail
McKinney, TX 75069
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This Agreement may only be modified and/or terminated as follows: (a) by mutual written
agreement of the City and Owners or (b) unilaterally by City upon default of any of the
Owners. Notwithstanding the foregoing or any other provision of this Agreement, this
Agreement shall terminate and be null and void if the City does not approve the Zoning
Change on or before the 27th day of February 2024. The parties acknowledge and agree
that the rezoning of the Property is a legislative act and that this Agreement does not bind
the City Council to approve any proposed rezoning of the Property.
SECTION 5. DEFAULT.
If one or more of the Owners fails to comply with any of the material terms and conditions included
in this Agreement (such defaulting owner(s) referenced herein as "Defaulting Owner"), the City will
have the following non-exclusive and cumulative remedies.
A. Withholding of utilities or withholding or revocation of permits and other approvals
required for development and use of the portion of the Property that is the subject of the
default (but no other portions of the Property) including without limitation building permits
and certificates of occupancy.
B. The Defaulting Owner shall be liable to pay to the City the sum of $2,000 for each failure
to materially comply with the development standards set forth of this Agreement. The
Defaulting Owner shall be liable to pay the City said $2,000 sum per day for each day
that such failure to comply occurs. The sums of money to be paid for such failure(s) is
not to be considered as a penalty, but shall be deemed, taken and treated as reasonable
liquidated damages that accrue per day that such a failure shall exist or occur. The said
amounts are fixed and agreed upon by the parties because of the impracticability and
extreme difficulty of fixing and ascertaining the actual damages the City in such event
would sustain; and said amounts are agreed to be the amounts of damages which the
City would sustain. In the event of a breach that is not timely cured as set forth below,
the sum of liquidated damages shall be calculated to include each and every day of the
occurrence of the breach beginning on the date that the City first provided written notice
of such breach under this paragraph and the City shall not be required to provide any
subsequent written notices as to subsequent dates or times during which such breach is
repeated or continues to occur.
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C. A non -defaulting party will additionally have anyand all remedies available to it at equity
or in law.
Notwithstanding the foregoing, a Defaulting Owner shall not be liable for the remedies under this
section unless there is a breach of any material term or condition of this Agreement and such
breach remains uncured after forty-five (45) calendar days following receipt of written notice from
the City provided in accordance with this Agreement describing said breach in reasonable detail
(or, if the cure of the breach has diligently and continuously been undertaken but reasonably
requires more than forty-five (45) calendar days to cure, then such additional amount of time as
is reasonably necessary to effect the cure, as determined by both Parties mutually and in good
faith but in no event shall such additional period exceed 120 days unless agreed to in writing by
the parties to this Agreement).
SECTION 6. BINDING ON SUCCESSORS, AGREEMENT RUNS WITH THE LAND.
This Agreement will be binding upon and inure to the benefit of the parties' respective
successors, assigns and personal representatives. This Agreement runs with the land and is
binding on all subsequent owners of the Property or any portions thereof. This section shall be
construed liberally to ensure the Parties' intent that this Agreement shall be enforceable
regardless of any change of ownership of or interest in the Property. All future owners of the
Property or any part thereof shall be deemed to be included in the defined term "Owners" for all
purposes in this Agreement.
SECTION 7. INDEMNIFICATION AND HOLD HARMLESS.
THE OWNERS (THE "INDEMNIFYING PARTY"), HEREBY COVENANTS AND AGREES TO
RELEASE, DEFEND, HOLD HARMLESS, AND INDEMNIFY THE CITY AND ITS OFFICIALS,
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ALL THIRD -
PARTY CLAIMS, SUITS, JUDGMENTS, DAMAGES, AND DEMANDS AGAINST THE CITY,
WHETHER REAL OR ASSERTED INCLUDING WITHOUT LIMITATION REASONABLE
ATTORNEY'S FEES, RELATED EXPENSES, EXPERT WITNESS FEES, CONSULTANT
FEES, AND OTHER COSTS (TOGETHER, "CLAIMS"), ARISING OUT OF THE NEGLIGENCE
OR OTHER WRONGFUL CONDUCT OF THE INDEMNIFYING PARTY, INCLUDING
WITHOUT LIMITATION THE NEGLIGENCE OR OTHER WRONGFUL CONDUCT OF ANY OF
ITS EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN, AND 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/OR CITY
REGULATIONS AND/OR ANY APPLICABLE DEVELOPMENT STANDARDS AND/OR ANY
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OTHER GOVERNING REGULATIONS; 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. THE INDEMNIFYING PARTY SHALL NOT, HOWEVER, BE REQUIRED TO
INDEMNIFY THE CITY AGAINST CLAIMS CAUSED BY THE CITY'S SOLE NEGLIGENCE OR
BY THE CITY'S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. IF THE CITY INCURS
CLAIMS THAT ARE CAUSED BY THE CONCURRENT NEGLIGENCE OF THE
INDEMNIFYING PARTY AND THE CITY, THE INDEMNIFYING PARTY'S INDEMNITY
OBLIGATION WILL BE LIMITED TO A FRACTION OF THE TOTAL CLAIMS EQUIVALENT TO
THE INDEMNIFYING PARTY'S OWN PERCENTAGE OF RESPONSIBILITY. THE
INDEMNIFYING PARTY 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 AS OF 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 ANY
OF THE INDEMNIFYING PARTIES' REPRESENTATIONS IN THIS AGREEMENT; (2) THIS
AGREEMENT OR OWNERSHIP OF THE PROPERTY; OR (3) THE CITY'S APPROVAL OF
ANY TYPE OF DEVELOPMENT APPLICATION OR SUBMISSION WITH RESPECT TO THE
PROPERTY. At no time shall the City have any control over or charge of the design, construction
or installation of any of the improvements to the Property or related work or undertakings, nor
the means, methods, techniques, sequences or procedures utilized for the design, construction
or installation related to same. This Agreement does not create a joint enterprise or venture
between the City and any of the Indemnified Parties. This section shall survive the termination
of this Agreement.
SECTION 8. RECORDATION.
This document, including all Exhibits, may be recorded in the Official Records of Collin County,
Texas.
SECTION 9. ENTIRE AGREEMENT.
This Agreement is the entire agreement of the parties regarding the subject matter hereto.
SECTION 10. RECITALS AND EXHIBITS.
The recitals herein and exhibits attached hereto are hereby incorporated by reference.
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Owners represent and warrant to the City that they are the owners of the Property, and that this
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Agreement is binding and enforceable on the Owners and as relates to the Property.
SECTION 12. INVALID PROVISIONS.
If any provision of this Agreement is held not valid, such provision will be deemed to be excised
therefrom and the invalidity thereof will not affect any of the other provisions contained herein.
SECTION 13. ESTOPPEL.
On or before 45 days after receipt of a written request from an owner of the Property that
desires to transfer its interest in the Property or borrow money secured by a mortgage or deed
of trust against the Property or a prospective transferee of an owner's interest or an existing
or prospective mortgagee, the City will —to the extent that the statements in (i) and (ii) are true
to the best of the City's knowledge —execute and deliver an estoppel certificate stating that,
to the best of the City's knowledge: (i) the transferring or borrowing owner is not in default
under this Agreement; and (ii) this Agreement is in full force and effect and whether there are
any amendments thereto. Provided, however, that the City shall not be required to
SECTION 14. FORCE MAJEURE.
Whenever a period of time is prescribed in this Agreement for a Party (the "Acting Party") to take
an action (other than a payment obligation), the Acting Party will not be liable or responsible for,
and there will be excluded from the computation of any such time period, the period of time (the
"Force Majeure Period") of delays caused by strikes, riots, acts of God, pandemic (but not including
the COVID-19 pandemic), enemy action, shortages of labor or materials, war, acts of terrorism,
flood, fire, explosion, unavoidable casualty, or any other causes that are beyond the reasonable
control of the Acting Party or any of its employees, agents, or contractors, but not any economic
hardship, changes in market conditions, and insufficiency of funds ("Force Majeure"). However, a
date will only be extended by a Force Majeure Period if the Acting Party gives notice to the other
Party of the occurrence or commencement of the event that constitutes Force Majeure within ten
days after the Acting Party knows of the existence or commencement of such event, and claims
(in such notice) that such event constitutes Force Majeure. A Party that has claimed the right to
temporarily suspend its performance under this section shall provide written reports to the other
Party at least once every two weeks detailing: (i) the extent to which the force majeure event or
circumstance continue to prevent the Party's performance; (ii) all of the measures being employed
to regain the ability to perform; and (iii) the projected date upon which the Party will be able to
resume performance, which projected date the Parties agree and acknowledge is only an estimate
and not a binding commitment by the Party claiming force majeure.
SECTION 15. EFFECTIVE DATE.
This Agreement will be effective upon the Effective Date first stated herein.
[signature page follows]
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CITY OF ANNA
Ryan Henderson, City Manager
IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF COLLIN
Before me, the undersigned notary public, on the day of , 2024, appeared Ryan
Henderson, known to me (or proved to me) to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same in his capacity as City
Manager of the City of Anna, Texas.
Notary Public, State of Texas
White and Willow — Anna LLC,
a Texas limited liability company
Bruce Marcus, its Manager
IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF DALLAS
Before me, the undersigned notary public, on the day of 2024, appeared
Bruce Marcus known to me (or proved to me) to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he/she executed the same in his/her capacity
as Manager of White and Willow — Anna LLC, a Texas limited liability company.
Notary Public, State of Texas
Brian Roper
(Property Owner)
IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF DALLAS
Before me, the undersigned notary public, on the day of , 2024, appeared
, known to me (or proved to me) to be the person whose name is subscribed
to the foregoing instrument, and acknowledged to me that he/she executed the same in his/her
capacity as property owner
Notary Public, State of Texas
EXHIBIT 1
Sheet 1 of 3
LEGAL DESCRIPTION
SITUATED in the City of Anna, in the Granderson Stark Survey, Abstract No. 798 of Collin
County, Texas and being all of the following tracts of land: that certain called 8.64 acre tract of
land described in a deed to Snehal Jasani, Pulin Pravin Chhatbar, Praful Nathabhai Madhani &
Bruce Douglas Marcus, recorded in Document No. 2022000094540, Deed Records, Collin
County, Texas (D.R.C.C.T.); all of that certain called 0.503 acre tract of land described in a deed
to Snehal Jasani, Pulin Pravin Chhatbar, Praful Nathabhai Madhani & Bruce Douglas Marcus,
recorded in Document No. 2022000095330, D.R.C.C.T.; all of that certain called 0.247 acre
tract of land described in a deed to James M. Martin and wife, Susan G. Martin, recorded in
Document No. 20180103000010820, D.R.C.C.T.; all of that certain called 0.031 acre tract of
land described in a deed to James M. Martin, recorded in Document No. 20200108000030410,
D.R.C.C.T. and all of Lot 1, Block A of Roper Addition, an addition to the City of Anna,
according to the plat thereof, recorded in Volume 2013, Page 53, Plat Records, Collin County,
Texas (P.R.C.C.T.) and as further described in a deed to Patricia Lee Roper & Amon Burl Roper,
recorded in Volume 2094, Page 741, D.R.C.C.T. and the consolidation of the above described
tracts of land being more particularly described by metes & bounds as follows:
BEGINNING at a 1/2 inch iron rod, topped with a red plastic cap, stamped "GEER RPLS 4117"
(hereinafter referred to as "GEER cap"), found on the south right-of-way line of W. White Street
(a.k.a. F.M. Road 455, a variable width right-of-way) for the most northerly northeast corner of
the above described 8.64 acre tract and same being on the west line of that certain called 0.2718
acre tract of land described in a deed to Chan C. Chung, recorded in Volume 5965, Page 2924,
D.R.C.C.T.;
THENCE: South 04 deg. 11 min. 10 sec. West, departing from said W. White Street, along the
common line of said 8.64 acre tract and said Chung tract, a distance of 35.25 feet to a mag nail
with a steel washer, stamped "RPLS 4701", set for an angle corner;
THENCE: South 01 deg. 06 min. 07 sec. West, continuing along said common line, a distance of
93.86 feet to a 1/2 inch iron pipe found at the southwest corner of said Chung tract, on the north
line of that certain called 0.341 acre tract of land described in a deed to AICO, Inc, recorded in
Document No. 2022000084080, D.R.C.C.T.;
THENCE: North 89 deg. 16 min. 02 sec. West, along the common line of said 8.64 acre tract
and said 0.341 acre AICO tract, a distance of 88.36 feet to a 1/2 inch iron rod, topped with a
green plastic cap, stamped "Eagle Surveying", found for the northwest corner of said 0.341 acre
AICO tract and an inside ell corner of said 8.64 acre tract;
THENCE: South 04 deg. 09 min. 17 sec. West, continuing along the common line of said 8.64
acre tract and said 0.341 acre AICO tract, at a distance of 100.6 feet, passing a 100 D Nail found
for the southwest corner of said 0.341 acre AICO tract and same being the northwest corner of
that certain called 0.594 acre tract of land described in a deed to AICO, Inc, recorded in
Document No. 20200113000048930, D.R.C.C.T. and continuing along the common line of said
8.64 acre tract and said 0.594 acre tract for a total distance of 255.34 feet to a 1/2 inch iron rod
found for an inside ell corner for said 8.64 acre tract and the southwest corner of said 0.594 acre
AICO tract;
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EXHIBIT 1
Sheet 2 of 3
THENCE: South 89 deg. 07 min. 15 sec. East, continuing along said common line, a distance of
146.70 feet to a point 1/2 inch iron rod, topped with a red plastic cap, stamped "RPLS 4701", set
for corner of the west right-of-way line of S. Powell Parkway (a.k.a. State Highway 5, a variable
width right-of-way);
THENCE: South 32 deg. 13 min. 14 sec. West, along the east line of said 8.64 acre tract and the
west right-of-way line of said S. Powell Parkway, a distance of 32.92 feet to a 5/8 inch iron rod,
topped with a pink plastic cap stamped "Texas Department of Transportation (TxDOT)", found
for an angle corner;
THENCE: South 01 deg. 06 min. 55 sec. East, continuing along the common line of said 8.64
acre tract and said S. Powell Parkway, at a distance of 10.85 feet, passing a 5/8 inch iron rod,
topped with a "TxDOT cap", found for the easterly southeast corner of said 8.64 acre tract and
same being the northeast corner of the above described 0.503 acre Praful, Madhani, Chhatbar &
Marcus tract and continuing along the common line of said 0.503 acre tract and said S. Powell
Parkway for a total distance of 110.93 feet to a 5/8 inch iron rod, topped with a "TxDOT cap",
found for the southeast corner of said 0.503 acre tract and same being the northerly northeast
corner of that certain called 4.486 acre tract described in a deed to Elhodoli Properties, Inc.,
recorded in Document No. 20180530000658600, D.R.C.C.T.;
THENCE: North 88 deg. 27 min. 57 sec. West, departing from said S. Powell Parkway, along
the common line of said 0.503 acre tract and said 4.486 acre Elhodoli tract, a distance of 224.53
feet to a 5/8 inch iron rod found for the southwest corner of said 0.503 acre tract and the
northerly northwest corner of said 4.486 acre tract and said point being on the southerly east line
of the above described 8.64 acre Praful, Madhani, Chhatbar & Marcus tract;
THENCE: South 04 deg. 33 min. 23 sec. West, along the common line of said 8.64 acre tract
and said 4.486 acre tract, a distance of 50.38 feet to a 1/2 inch iron rod, topped with a red plastic
cap, stamped "RPLS 4701", set for the most southerly southeast corner of said 8.64 acre tract
and an inside ell corner of said 4.486 acre tract and a found 1/2 inch iron rod with "GEER" cap
bears North 04 deg. 33 min. 23 sec. East — 2.35 feet for reference;
THENCE: North 88 deg. 28 min. 11 sec. West, along the common line of said 8.64 acre tract
and said 4.486 acre tract, at a distance of 579.51 feet, passing a 1/2 inch iron rod with "GEER"
cap found for reference and continuing on for a total distance of 722.00 feet to a point on the
west bank of Slater Creek for the southwest corner of said 8.64 acre tract at the south end of a
Boundary Line Agreement, recorded in Document No. 20220425000657790, D.R.C.C.T. and
same being on the east line of that certain tract of land described in a deed to Harlow Land Co.,
Ltd., recorded in Volume 4617, Page 2624, D.R.C.C.T.;
THENCE: North 00 deg. 36 min. 10 sec. West, along the common line of said 8.64 acre tract,
Boundary Line Agreement and said Harlow tract, a distance of 331.57 feet to a point for the
westerly northwest corner of said 8.64 acre tract and the southwest corner of that certain called
1.463 acre tract described in a deed to Ronald Ferguson and wife, Vicki Ferguson, recorded in
Document No. 19940204000126140, D.R.C.C.T.;
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EXHIBIT 1
Sheet 3 of 3
THENCE: North 87 deg. 41 min. 46 sec. East, along the common line of said 8.64 acre tract and
said 1.463 acre Ferguson tract, at a distance of 105.0 feet, passing a 1/2 inch iron rod with
"GEER" cap found for reference and continuing along said common line for a total distance of
286.92 feet to a 1/2 inch iron rod, topped with a yellow plastic cap, stamped "COLLIS RPLS
1764" found for an inside ell corner of said 8.64 acre tract and the southeast corner of said 1.463
acre Ferguson tract;
THENCE: North 01 deg. 47 min. 24 sec. West, continuing along said common line, a distance of
97.55 feet to a nail found in concrete for the southwest corner of the above described 0.247 acre
James & Susan Martin tract of land;
THENCE: North 01 deg. 53 min. 07 sec. West, along the common line of said 0.247 acre Martin
tract and said 1.463 acre Ferguson tract, a distance of 114.55 feet to a point on the south right-of-
way line of the above mentioned W. White Street for the most northerly northwest corner of this
hereinafter described tract of land;
THENCE: South 89 deg. 24 min. 53 sec. East, along the south right-of-way line of said W.
White Street, a distance of 90.00 feet to a 1/2 inch iron rod with "GEER" cap found for the most
northerly northwest corner of said 8.64 acre tract;
THENCE: South 89 deg. 24 min. 47 sec. East, continuing along the common line of said 8.64
acre tract and said W. White Street right-of-way, a distance of 55.00 feet to a 1/2 inch iron rod
with "GEER" cap found for a re-entrant corner of said 8.64 acre tract, on the west line of the
above described 0.031 acre James M. Martin tract;
THENCE: South 89 deg. 27 min. 03 sec. East, continuing along the south right-of-way line of
said W. White Street, across said Martin tract, a distance of 89.93 feet to a 1/2 inch iron rod with
"GEER" cap found for corner on the east line of said Martin tract and the west line of the above
described Lot 1, Block A of Roper Addition;
THENCE: South 89 deg. 22 min. 54 sec. East, continuing along the south right-of-way line of
said W. White Street, across said Lot 1, Block A, a distance of 101.28 feet to an "X" found
carved in a concrete driveway for the westerly northeast corner of said 8.64 acre tract;
THENCE: South 89 deg. 24 min. 52 sec. East, continuing along the south right-of-way line of
said W. White Street and the northern line of said 8.64 acre tract, a distance of 282.37 feet to a
1/2 inch iron rod, topped with a red plastic cap, stamped "RPLS 4701" set for corner at the
beginning of a curve to the left, having a radius of 4,940.00, a central angle of 0 deg. 24 min. 30
sec. and a chord that bears South 89 deg. 33 min. 23 sec. East - 35.21 feet;
THENCE: Continuing along the south right-of-way line of said W. White Street and the northern
line of said 8.64 acre tract and with said curve to the left, an arc distance of 35.21 feet to the
POINT OF BEGINNING and containing 431,400 square feet or 9.904 acres of land.
3of3
I
HM-1
EXHIBIT 2
IProposed \ \Proposed \ \ \\ I I I I --_---_---
Deck Lane \ Driveway Proposed"
/ \ CONCRETE \ W. WHITE STREET
ROAD \Doc
5' UTILITY EASEMENT 15' LANDSCAPE BUFFER Driveway No. 20120202 0126070 (a.k.a. F. M. ROAD 455) Top of Inlet\ ) / Tw"Of Manhole CONCRETE
Tof Manhole D.R.C.C.T685.06 Vol. 2013, Pg. 53 EL=691.37 L=697.85 ROAD
�'EOLP
P,.R.C.C.T. (Norio le Wide Right-°f-WaY) \ \ \ / / / ToP ° Et:697.21 /
S °24 _ - 00 5.00 �89.93'.. 'ATMOSGA=ftpvlan2 �l - Concrete w S 9° 452 /ElBZi A>T Concrete 1 ' \ n
15' UTII:IY EASEMENT ° / oncrete
— �— — \ / / Doc. No. 201207130008485:A of Manhole I I \ I i I TMOS GAS oa oa
I / . . . . . . . . . D.R.C.C.T. _ —
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Shaded flp EL=685.08 I� as— —.�. EL.=688.38 1 I \ \\ / Is 1 1 1 jlT a ce
(Shaded) JAMES M. MARTIN acid wife d• — I /�/ i s oil
I ` / / - - ®. E fisting Bul I g 35.25
SUSAN G. MARTIN I / I — y I 15 uTl 7Y F�45EMENT. I
\ J Called 0.247 /Acres / — — — I I T �- ^ 719 SF FIRE NE CR / Doc. No. 01_A610013965 J)
Doc. No. 2018010300001/0820 I 1 I'. I ACC ss E T D. C.c:T: ``
/ ( . . . No. 0121 1200 / . . . I ATMA�; GAS
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� . . ..C.Tj r l I 24 R EE EN S /. . .i . / . / O 6" Electric / /I
.. /. ../.. 57 761 sf �. Condit an
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" T / . 1 J. / P.R.C.C.. / � � I � l Pole
(FLOODWAY) / lq i I / . . . . . . . . . . I v _ / / . . I . (1.33 ac I O I
II— I / ATRICIA LEE ROPER BC / i
p O I I AMON BURL ROPES I /�� / — / Zonin C-2 I ® CHAN C. CHUNG
/.I Lot 1 i..... � I - 1
XI ' ' Vol. 2094, Pg. 1 `` 9� / / I Called 0.2718 Ac. /
33340 sf I I I I I Qi I Vol. 5965, Pg. 2924
, / D.R. I.. .. / I D.R.C.C.T.
/ / I I I /....... l J I Proposed B�Ullding
(0.77 ac) I / /.......... I
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9 • I 3 I / / ..... / CA3 — \
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/ RONALD R. FERG�ISON and Le, / I I� Proposed Building I I / �` �" _ ; `�' Proposed Building Q„ r - - -/-
VICKI L. FERGUSON / `" 6 180 SF J I / Lot 2 4,800 SF / \
ZONE „X" Called 1/463 AcreI I --' —I I '/__—
o Shaded) 1 / (Un—Shaded) Doc. No. 1�940204009126140 I I O II I r 7,17-
LLTop e I / / / %ice — 20,245 sf 1 0' 11 I' /:' ' �— 16zo,�" 36'
6 R.C.C.T. / I EL=688.04 I/ _ / I 0.46 ac �..I I — — — — — — — — /
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\ \ II / / / 0M R Case No. 17�06-173 I I /' I I i \ 0 i
�, f I I I SN JA AN , P AVIN CHHATBAR, PRAFUL — I Doc. No. 20200113000048930 a
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.....I NATHABHAI MADHANI & BRUCE DOUGLAS MARCUS — _ — I- \ �1 +r
I I I I .. .... I / / / / Doc. No Called 202 00009454o I c� c4 ro I
I 1 I1'/ . / / I........ 8.64 Acres
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/� I I i c Pro osed Buildin I \ m
/ "�t / / �/� / / / / l I I .......I . I I I I P g \ —1-0", 725 SF — L ....... 18" CMP
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,Q� ,Q� \ � ELP 694.2 � — �
/ / / 1 \ — VL �71 I I / / \ \ \ I —� i — — — Chain Link Fence
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/ / /i / z/ / . / ( 1 I 1 1 ... .. 928 sf _ —
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PULIN AVIN. ' CHHATBAR. ' &. ' BRUCE. D UGLAS MAR. S \
0.503 Acres ............l ......... I
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- 0j10,27 SF� Proposed iProPosed Buildin9 Proposed diag_4,640 $F 4,640 SF ....... -D
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CONSERVAQQION DI TRICT I \ \\\\� I I I �- .._ _ .. \ .�. _ _. \ \. N 88 27 57 W - 224.53 / -- -
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(666 CONTOUR ELEV TION do UNDER) \1 FT7
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Barbed Wire Fence 1 1 1 10' Setbac
,�,k (Tm•)
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`NP [J O — (— ELHODOLI PROPERTIES INC.
ZONE "AE" IIIII I III\I I �1 1 1 1 I I Doc. No. 20P OP 0000658600
(FL000wAY) IIIIII II IIIII�II� \�\ b IN I \ \ _
I I ELHODOLI PR PERTIES I C. \ \ I \ D.R.C.C.T.
I l I
IIII Illlllill 1 \\ \� �� I I / D�c. No. 2018 53000065r600
1 D.R.C.C.T.
\ 1 \ \ \
ZONE "X" I 1 \ \ \
(Un—Shaded) \ \
\
Note:
A Detention Study Will Be Conducted
During The Civil Design Phase. Detention
Will Be Provided If Necessary In The
Location Shown Above. The
Parking/Drives Will Be Adjusted As
Necessary To Accommodate Any
Required Detention.
Note:
Fire Lanes Shall Not Exceed 10% In
Grade Change Within The Entire Site Plan
Or Development, 5% Cross Slope, And
Angles Of Approach And Departure Shall
Not Exceed 6% Without Written Approval
From The Fire Marshall.
Note:
Minimum Unobstructed Width Of 24 Feet;
Servicing Greater Than Two -Story
Structures A Minimum of 26 Feet Is
Required.
SOURCE BENCHMARK:
TXDOT GPS#EO 430241 =Texas Department of
Transportation aluminum disc right-of-way monument on
the west side of State Highway No. 5 (S. Powell Parkway)
and south of F.M. Highway 455 (a.k.a. W. White Street),
103'f south of the southern curb of F.M. Highway 455.
Elev. = 698.82
SITE BENCHMARK:
BM-1 = "X" in the center and west edge of the
concrete median at the east end of the median
on W. White Street at the intersection of S. Powell
Parkway and W. White Street.
Elev. = 699.01
BM-2 = "X" near the center of a concrete
driveway of 407 W. White Street and being the
northeast corner of Lot 1, Block A, Roper Addition.
Elev. = 688.38
Issue Dates:
1
2
3
4
5
6
SITE SUMMARY
Item
Lot 1
Lot 2
Lot 3
Lot 4
1 Lot 5 Total
General Site Data
Zoning
C-2
C-2
C-2
DT
C-2
Land Use
Lot Area (sf)
33,340
20,245
57,761
290,928
29,109
431,382
Building Footprint Area (sf)
6,180
3,219
7,600
46,777
3,200
66,976
Building Height (stories)
1
1
1
1
1
Building Height (ft)
Lot Coverage (%)
18.54%
15.90%
13.16%
16.08%
10.99%
15.53%
Parking
Required Parking Retail (1 per XXX)
Required Parking Restaurant (1 per XXX)
Total Parking Provided
23
19
33
407
14
496
Accessible Parking Required
Accessible Parking Provided 1
2
1 2
1 4
1 18
1 2
28
Landscape Area (including turf areas)
Required Internal Landscape Area (8 sf per parking space)
Additional Interior Landscape Area Provided (square feet)
Total Landscape Area (square feet)
Open Space Required (square feet)
Open Space Provided (square feet)
Revision & Date:
1
2
3
4
5
6
CROSSENGINEERING
CONSULTANTS
1720 W. Virginia Street McKinney, Texas 75069
972.562.4409 Texas P.E. Firm No. F-5935
Drawn By: Checked By: Scale:
C.E.C.I. C.E.C.I. 1 "=40'
W
Top of Manhole
EL=698.99
\I
I
Top of Manhole
EL=698.76
I
I
Lo
�
I
�
Z
b4
axm
W v�
cad
0
a�
v)
Proposed
Driveway
-7i
0 40 100
GRAPHIC SCALE
1 "=40'
r r
Ndckberry Dr W 2nd Stc
> a
m W 3rd St
z
swine Or 'S
p Shed,,
u o P°il
o
0
� I c
o I °
3 I W
C u,I
W White St a
s a
� q
m 3 d
SITE r
I
tom
VICINITY MAP
N TS
LEGEND
Firelane
Potential Detention Area
ENGINEER:
Cross Engineering Consultants, Inc.
1720 W. Virginia Street
McKinney, Texas 75069
Phone (972) 562-4409
Contact: Jonathan Hake, P.E.
I
I
NOTE: THIS IS NOT A CONSTRUCTION DOCUMENT.
THIS DOCUMENT IS FOR CONCEPTUAL PLANNING PURPOSES ONLY.
APPROVED APPROVED
FEBRUARY 27, 2024 FEBRUARY 5, 2024
CITY COUNCIL P&Z COMMISSION
CITY OF ANNA CITY OF ANNA
CONCEPT PLAN
WHITE & POWELL
COMMERCIAL ADDITION
BLOCK A. LOTS 1-5
9.864 ACRES
G STARK SURVEY, ABSTRACT
NO. 798
CITY OF ANNA, COT ,T ,IN COUNTY, TX
DATE OF PREPARATION: DEC. 2023
CONCEPT PLAN Sheet No.
C P
W. WHITE MIXED USE
TERRACO CONSTRUCTION Project No.
CITY OF ANNA, TEXAS 23048
W
Q
N