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HomeMy WebLinkAboutRes 2017-01-268 Cost Share Agreement with Lennar Homes of Texas for Hackberry Lane ROW16 CITY OF ANNA, TEXAS RESOLUTION NO. 50VA-CA - D <� A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A COST SHARE AGREEMENT FOR HACKBERRY LANE RIGHT-OF-WAY. WHEREAS; Lennar Homes is preparing to develop additional phases of the Avery Pointe subdivision on the west side of Ferguson Blvd., south of Hackberry Lane; and WHEREAS, as part of the future development, Lennar Homes will be constructing an extension of Hackberry Lane over to The Falls neighborhood; and WHEREAS, construction of the Hackberry Lane extension will require the acquisition of an off-site drainage easement on property owned by QJR Partnership LTD; and WHEREAS, in lieu of acquiring an easement, the City has discussed with the developer an opportunity to purchase the property as right-of-way for the future expansion of Hackberry Lane to 4 -lanes; and WHEREAS, QJR Partnership is willing to sell 1.052 acres of right-of-way to the City of Anna; and WHEREAS, if the City purchases the right-of-way, Lennar Homes will reimburse the City one- half the cost of the purchase price as outlined in the Cost Share Agreement attached hereto as Exhibit 1; 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 of Cost Share Agreement. The City Council hereby approves the Cost Share Agreement for Hackberry Lane Right -of - Way, attached hereto as Exhibit 1, and ratifies and approves the City Manager's execution of the same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize and enforce the Agreement. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 10th day of January, 2017. ATTEST:(PRO ED: o City Secretary Carrie L. Smith ..*ybr Mike Crist Res Page 1 of 11 Cost Share Agreement with QJR Partnership //////�' .� X ��`�� 1 C A-- � COST SHARE AGREEMENT HACKBERRY LANE RIGHT-OF-WAY This Cost Share Agreement (this "Agreement") is entered into between the City of Anna, Texas, a home -rule municipality (the "City"), and Lennar Homes of Texas Land and Construction, Ltd. ("Developer"). WHEREAS, Developer, the City, and the Developer are sometimes collectively referenced in this Agreement as the "Parties," or, each individually, as "Party"; and WHEREAS, it is the Parties' mutual intent that this Agreement shall govern only the subject matter specifically set forth herein; and WHEREAS, the Agreement concerns the acquisition of a 1.052 -acre tract of land to be used as right-of-way for an extension of Hackberry Lane, said 1.052 -acre tract more particularly described in the document attached to the Agreement as Exhibit A (the "Right - of -Way") and WHEREAS, Developer intends to develop a 57.719 -acre tract of land more particularly described in the document attached to the Agreement as Exhibit B (the "Property); and WHEREAS, Developer acknowledges that the obligations undertaken under this Agreement are primarily for the benefit of the Property; and, WHEREAS, Developer understands and acknowledges that acceptance of this Agreement is not an exaction or a concession demanded by the City but rather is an undertaking of Developer's voluntary design to ensure consistency, quality, and adequate infrastructure that will benefit Developer's development of the Property; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: 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 Agreement and said recitals constitute representations by Developer and the City. SECTION 2 PURCHASE OF RIGHT-OF-WAY (a) City shall take all actions necessary to purchase the Right -of -Way for Hackberry Lane described in Exhibit A by February 28, 2017. City shall provide written notice to Developer when the purchase transaction is complete. (b) Within thirty (30) days of receiving notice from the City described in Section 4(a), Developer shall provide a payment to the City equal to one-half the cost of the Cbsk LAY M,0, Air-ezmfen4-- P) - 3 `111 amount paid by the City for the purchase of the Right -of -Way. Payment by the Developer to the City shall not exceed $45,836. SECTION 3 EFFECTIVE DATE The Effective Date of this Agreement is the date that the last of the Parties' signatures to this Agreement is fully and properly affixed to this Agreement and acknowledged by a notary public. The City's duties and obligations hereunder shall not arise unless and until the City Council has duly adopted this Agreement and Developer has duly executed this Agreement and delivered same to the City. SECTION 4 TERMINATION This Agreement and all obligations of the Parties hereto, shall terminate upon: (a) full performance of the terms of this Agreement, or (b) failure by the City to complete the purchase of the Right -of -Way as required under Section 4(a) of this Agreement. SECTION 5 MISCELLANEOUS PROVISIONS (a) Authority to execute contract. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions or other act extending such authority have been duly passed and are now in full force and effect. (b) Notice. All notices, demands or other communications required or provided hereunder shall be in writing and shall be deemed to have been given on the earlier to occur of actual receipt or three (3) days after the same are given by hand delivery or deposited in the United States mail, certified or registered, postage prepaid, return receipt requested, addressed to the parties at the addresses set forth below or at such other addresses as such parties may designate by written notice to the other parties in accordance with this notice provision. If to the City: City of Anna Attn: City Manager P.O. Box 776 111 N. Powell Parkway Anna, TX 75409 If to Developer: Lennar Homes of Texas Land and Construction, Ltd. 1707 Marketplace Blvd., Suite 100 Irving, Texas 75063 Attention: David Aughinbaugh (c) Complete Agreement. This Agreement and the exhibits attached hereto embody the entire Agreement between the Parties and cannot be varied or terminated except as set forth in this Agreement and the exhibits attached hereto, or by written agreement of the City, the and the Developer expressly amending the terms of this Agreement. (d) Applicable Law and Venue. This Agreement shall be performable and all compensation payable in Collin County, Texas. Venue and exclusive jurisdiction under this Agreement lies in a court of competent jurisdiction in Collin County, Texas. (e) Severability. If any clause, paragraph, section or portion of this Agreement shall be found to be illegal, unlawful, unconstitutional or void for any reason, the balance of the Agreement shall remain in full force and effect and the unlawful provision shall be replaced with a provision as similar in terms and effect to such unlawful provision as may be valid, legal and enforceable. (f) Representation. Each signatory representing this Agreement has been read by the party for which this Agreement is executed and that such Party has had an opportunity to confer with its counsel. (g) Consideration. This Agreement is executed by the Parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is hereby acknowledged. (h) Waiver. Waiver by either Party or any breach of this Agreement, or the failure of either Party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such Party's right thereafter to enforce and compel strict compliance of the Agreement. (i) Miscellaneous Draftinq Provisions. This Agreement was drafted equally by the Parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any Party shall not apply. Headings in this Agreement are for the convenience of the Parties and are not intended to be used in construing this document. (j) No Other Beneficiaries. This Agreement is for the sole and exclusive benefit of the City and the Developer and is not intended to and shall not confer any rights or benefits on any third party not a signatory hereof. (k) Binding Effect. This Agreement shall bind and inure to the benefit of the City and Developer. (1) Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. [SIGNATURES PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Lennar Homes of Texas Land and Construction, Ltd. By: Lennar Texas Holding Company, a Texas Corporation, its General Partner By; 3�.� V, IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF 0CLk0'1- § Before me, the under9QAkr-A ned notary public, on the day o lk�� , 2017, personally appeared 1'(•�tk9� , 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 of Lennar Texas Holding Company, in its capacity as general partner for Lennar Fomes of Texas Land and Construction, Ltd. Motksy P u b l ilc�,,S&te 61Tex4 WA,BY pug, LAURA LYNN SALGADO Notary ID * 125169119 My Commission Expires January 18. 2021 511, O{ it 4t CITY OF ANNA PKihA'Sanc7qrs; -0jty Manager IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF COLLIN § ij, Before me, the undersigned notary public, on the day of J ' W 12017, personally appeared Philip Sanders, 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 and on behalf of the City of Anna. CARRIE L. SMITH grzi__f►"_�'fir% Notary Pub"C, State of Texas Commission Expires MY 27, 2019 January Notary Public, State of Texas EXHIBIT A — THE "RIGHT OF WAY" Legal description of 1.052 -acre tract of land BEING a tract of land situated in the Francis T. Duffau Survey, Abstract No. 288, City of Anna, Collin County, Texas and being a portion of a called 162.12 acre tract of land conveyed to QJR Partnership, Ltd., as evidenced in a Warranty Deed, recorded in Volume 5106, Page 2380 of the Land Records of Collin County, Texas, and being more particularly described as follows: BEGINNING at a 5/8 -inch iron rod found for the southeast corner of said 162.12 acre tract, same being the southwest corner of a called 51.195 acre tract of land conveyed to Two -J Partnership, LLLP, as evidenced in Quit Claim Deed, recorded in Instrument No. 2008059000562500 of the Official Public Records of Collin County, Texas, on the northerly line of a called 114.608 acre tract of land conveyed to Anna 455 Residential, LP, as evidenced in as evidenced in a Special Warranty Deed, recorded in Instrument No. 20070403000444410, and a Special Warranty Deed, recorded in Instrument No. 20070403000444420, both of the Official Public Records of Collin County, Texas; THENCE North 88°46'15" West, along the southerly line of said 162.12 acre tract and along the northerly line of said 144.608 acre tract a distance of 803.28 feet to a 5/8 -inch iron rod found for the northwest corner of said 114.608 acre tract, same being the northeast corner of The Falls Phase 2, an addition to the City of Anna, according to the Plat thereof, recorded in Cabinet P, Page 870 of the Plat Records of Collin County, Texas, on the southerly line of said 162.12 acre tract; THENCE North 89°00'06" West, along the southerly line of said 162.12 acre tract and along the northerly line of said The Falls Phase 2, a distance of 30.00 feet to a 5/8 -inch iron rod with a red plastic cap stamped "KHA" set for corner; THENCE departing the northerly line of said The Falls Phase 2 and crossing said 162.12 acre tract, the following courses: MICHAEL MARX REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5181 5750 GENESIS COURT, SUITE 200 FRISCO, TEXAS 75034 PH. 972-335-3580 michael.marx@kimley-horn.com DAHL. ABEL 10/11/2016 7:18 AM North 00°43'58" East, a distance of 110.44 feet to a 5/8 -inch iron rod with a red plastic cap stamped "KHA" set at the beginning of a non -tangent curve to the right having a central angle of 11°27'30", a radius of 890.00 feet, a chord bearing and distance of South 77°28'26" East, 177.69 feet; In a southeasterly direction, with said curve to the right, an arc distance of 177.99 feet to a 5/8 -inch iron rod with a red plastic cap stamped "KHA" set at the beginning of a reverse curve to the left having a central angle of 17°01'35", a radius of 810.00 feet, a chord bearing and distance of South 80°15'28" East, 239.82 feet; In a southeasterly direction, with said curve to the left, an arc distance of 240.70 feet to a 5/8 -inch iron rod with a red plastic cap stamped "KHA" set for corner; South 88046'15" East, a distance of 422.34 feet to a 5/8 -inch iron rod with a red plastic cap stamped "KHA" set for corner on the easterly line of said 162.12 acre tract, same being the westerly line of aforesaid 51.195 acre tract; THENCE South 00°33'24" West, along the easterly line of said 162.12 acre tract and along the westerly line of said 51.195 acre tract, a distance of 40.00 feet to the POINT OF BEGINNING and containing 1.052 acres (45,836 sq. ft.) of land, more or less. All bearings shown are based on grid north of the Texas Coordinate System, NAD83, North Central Zone 4202. All dimensions shown are ground distances. To obtain a grid distance, multiply the ground distance by the Project Combined Factor (PCF) of 0.999856573. S RIGHT OF WAY DEDICATION FRANCIS T. DUFFAU SURVEY ABSTRACT NO. 288 CITY OF ANNA COLLIN COUNTY, TEXAS LINE TABLE CALLED 162.12 ACRES C) n N LENGTH QJR PARTNERSHIP, LTD. uJ _3 40.00' VOL. 5106, PG. 2380 U 30.00' RIGHT OF WAY L.R.C.C.T, ui o H Lo w o U 110.44' PERMANENT WATER LINE EASEMENTI INST. NO. 20150406000379400 DEDICATION z o U d 810.00' O.P.R.C.C.T. I „�� o 239.82' ACRE o D- N .052 Cl (45,836 SQ. FT.) ¢ o zz U�� C2 S88°46'15"E 422.34' z LOCK L2 V[_8,8°46'1& -W 803.28_ 19 20 — — 21 2223518"IRFP.O.B. T'0'WIDE 5/8" IRF _XF PERMANENT WATER LINE " 29 I HELMOKEN CALLED 114.608 ACRES EASEMENT 0 Q ANNA 455 RESIDENTIAL, LP INST. NO, 20160127000098440 O.P.R.C.C.T. DRIVE FALLS INST. NO. 20070403000444410 & a a U 28 INST. NO. 20070403000444420 JU O.P.R.C.C.T. LLma d 27 = v I I 26 LINE TABLE NO. BEARING LENGTH L1 S00°33'24"W 40.00' L2 N89°00'06"W 30.00' L3 S00°43'58"W 110.44' NOTE: CURVE TABLE NO. DELTA RADIUS LENGTH CHORD BEARING CHORD C1 11°27'30" 890.00' 177.99' S77°28'26"E 177.69' C2 17°01'35" 810.00' 240.70' S80°15'28"E 239.82' 1. All bearings shown are based on grid north of the Texas Coordinate System, NAD83, North Central Zone 4202. All dimensions shown are ground distances. To obtain a grid distance, multiply the ground distance by the Project Combined Factor (PCF) of 0.999856573. 2. All corners are monumented by a 5/8 -inch iron rod with a red plastic cap stamped "KHA" unless otherwise noted. MICHAEL MARX IVlll.liHtl_ U. IVIJAKA REGISTERED PROFESSIONAL '; LAND SURVEYOR NO. 5181 GENESIS :5750 COURT, SUITE 200FRISCO, kWI0 TEXAS 75034�VPH. 972-335-3580 L�1'mlchael.marx@kimley-horn.com� 3TENDAHL. ABEL 10/11/2016 7:18 AM K:1FRI SURVEYl063451700•AVERY POINTEIOWG ASEMENTSII 0 100 200 GRAPHIC SCALE IN FEET LEGEND A = CENTRAL ANGLE P.O.B. = POINT OF BEGINNING IRF = IRON ROD FOUND IPF = IRON PIPE FOUND P.R.C.C.T. = PLAT RECORDS OF COLLIN COUNTY, TEXAS L.R.C.C.T. = LAND RECORDS OF COLLIN COUNTY, TEXAS O.P.R.C.C.T. = OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS RIGHT OF WAY DEDICATION FRANCIS T. DUFFAU SURVEY ABSTRACT NO. 288 CITY OF ANNA COLLIN COUNTY, TEXAS EXHIBIT B — THE "PROPERTY" Legal description of 57.719 -acre tract of land LEGAL DESCRIPTION (TRACT 2) BEING a tract of land located in the City of Anna, Collin County, Texas, a part of the Francis T. Duffau Survey, Abstract Number 288, being a part of that called 114.608 acre tract of land described in a deed to Anna 455 Residential Partners, LP, as recorded in County Clerk File No. 20070403000444410, Deed Records Collin County, Texas, and being further described as follows: COMMENCING at a brass TXDOT monument found in the north line of White Street (Farm to Market Highway No. 455) (a variable width right-of-way), said point being in the west line of a called 13.798 acre tract of land described as Tract II in a deed to Anna 455 Commercial Partners, LP, as recorded in County Clerk File No. 20121119001473740 and County Clerk File No. 20121119001473750, Deed Records Collin County, Texas, and said point being the southeast corner of Lot 9, Block B of The Falls Phase 1A, an addition to the City of Anna, as recorded in Cabinet O, Page 615, Plat Records Collin County, Texas; THENCE North 00 degrees 13 minutes 06 seconds East, 698.74 feet along the west line of said 13.798 acre tract of land and along the east line of said The Falls Phase IA to a five-eighths inch iron rod found at the northwest corner of said 13.798 acre tract of land, said point being the, southwest corner of said 114.608 acre tract of land, and said point being the POINT OF BEGINNING of the herein described tract of land; THENCE North 00 degrees 43 minutes 25 seconds East, 1,889.00 feet along the west line of said 114.608 acre tract of land to a five-eighths inch iron rod found at the northwest corner of said 114.608 acre tract of land; THENCE South 88 degrees 46 minutes 15 seconds East, 803.32 feet along the north line of said 114.608 acre tract of land to a five-eighths inch iron rod found at the southwest corner of a tract of land described in a deed to Two -J Partners, L.P., as recorded in County Clerk File No. 20080509000562500, Deed Records Collin County, Texas; THENCE South 88 degrees 49 minutes 57 seconds East, 537.65 feet along the north line of said 114.608 acre tract of land to a one-half inch iron rod with yellow cap stamped "JBI" set (hereinafter called iron rod set) at the northwest corner of a called 5 6.73 8 acre tract of land described in a deed to Lennar Homes of Texas Land and Construction, Ltd., as recorded in County Clerk File No. 20150206000134500, Deed Records Collin County, Texas; THENCE along the west line of said 5 6.73 8 acer tract of land as follows: South 01 degrees 10 minutes 03 seconds West, 105.58 feet to a one-half inch iron rod set for corner; Southwesterly, 193.99 feet along a curve to the right having a central angle of 04 degrees 49 minutes 57 seconds, a radius of 2,300.00 feet, a tangent of 97.05 feet, and whose chord bears South 03 degrees 35 minutes 02 seconds West, 193.93 feet to a one-half inch iron rod set for corner; South 06 degrees 00 minutes 00 seconds West, 297.90 feet to a one-half inch iron rod set for corner ; Southeasterly, 562.00 feet along a curve to the left having a central angle of 14 degrees 00 minutes 00 seconds, a radius of 2,300.00 feet, a tangent of 282.40 feet, and whose chord bears South 01 degrees 00 minutes 00 seconds East, 560.60 feet to a one-half inch iron rod set for corner; South 08 degrees 00 minutes 00 seconds East, 289.81 feet to a one-half inch iron rod set for corner; Southeasterly, 191.23 feet along a curve to the right having a central angle of 09 degrees 57 minutes 38 seconds, a radius of 1,100.00 feet, a tangent of 95.86 feet, and whose chord bears South 03 degrees 01 minutes 11 seconds East, 190.99 feet to a one-half inch iron rod set for corner; South 01 degrees 57 minutes 38 seconds West, 252.74 feet to a five-eighths inch iron rod found in the south line of said 114.608 acre tract of land, said point being the southwest corner of said 56.738 acre tract of land and said point being in the north line of a called 20.00 acre tract of land described in a deed to Anna 455 Commercial Partners, LP, as recorded in County Clerk File No. 20071205001623100, Deed Records Collin County, Texas; THENCE North 88 degrees 56 minutes 01 seconds West, 1,370.89 feet along the south line of said 114.608 acre tract of land to the POINT OF BEGINNING and containing 2,514,246 square feet or 57.719 acres of land. 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