HomeMy WebLinkAboutRes 2025-04-1758 Subdivision Improvement Agreement with Bloomfield Homes, L.P. (Meadow Vista)CITY OF ANNA, TEXAS
RESOLUTION NO. z0Z5-0q- Aqc�-,r
A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A SUBDIVISION IMPROVEMENT AGREEMENT WITH
BLOOMFIELD HOMES, L.P. FOR LANDSCAPING IMPROVEMENTS TO FERGUSON
PARKWAY AS SHOWN IN EXHIBIT "A" ATTACHED HERETO, IN THE AMOUNT NOT
TO EXCEED THREE HUNDRED FIFTY THOUSAND DOLLARS AND ZERO CENTS
($350,000.00), SUBJECT TO REVIEW AND APPROVAL OF THE CITY ATTORNEY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Anna is responsible for maintaining public streets in the City of
Anna, including landscaped medians; and,
WHEREAS, Bloomfield Homes, L.P., is the developer of the Meadow Vista Subdivision,
located at the northwest corner of Ferguson Parkway and Hackberry Drive; and,
WHEREAS, the Bloomfield Homes, L.P. has agreed to design and construct public
improvements, including irrigation and landscaping improvements in the medians of
Ferguson Parkway from Hackberry Drive to a point 275 feet south of Avery Pointe Drive;
and,
WHEREAS, the City of Anna has agreed to reimburse Bloomfield Homes, L.P. for the
cost of design and construction of the proposed public improvements, in an amount not
to exceed $350,000; 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 Agreement, Payment, and Funding.
That the City Manager is hereby authorized to execute the Subdivision Improvement
Agreement for public improvements to the medians of Ferguson Parkway in the City of
Anna, Texas.
That the City Attorney shall review and approve the final language included in the
Subdivision Improvement Agreement prior to execution by the City Manager.
That funding for the project shall not exceed $350,000, and said funding shall come
from the reimbursement of Building Permit Fees generated from the development of the
Meadow Vista Subdivision.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this
day of April 2025.
ATTEST:
APPROVED:
t`11a,.c�.� Vt .
City Secretary, Carrie L. Smith Mayor, Pete Cain
Exhibit "A"
MEADOW VISTA PHASE 2 SUBDIVISION IMPROVEMENT AGREEMENT
This The Meadow Vista Phase 2 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 BLOOMFIELD HOMES, LP("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 owns approximately 223.154 acres of real property located in the
City, described by metes and bounds in Exhibit A (the "Property"); and
WHEREAS, the Property is zoned as Planned Development 839-2019 and shall be
developed in accordance with said zoning; and
WHEREAS, Developer desires to proceed with development of the Property to be known
as Meadow Vista Phase 2, as generally described and/or generally illustrated on the Final Plat
shown in Exhibit B (the "Final Plat"), which Development collectively totals approximately 7
residential lots and 3 common area lots; and
WHEREAS, the Parties intend that the Property be developed in accordance with Final
Plat and 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 construction, and installation of the Public
Improvements to be completed by the Developer and dedicated to the City for use and
maintenance, subject to inspection and acceptance of the Public Improvements in accordance with
this Agreement and the City Regulations; and
WHEREAS, the Developer has estimated that the costs of the Public Improvements to
serve the Property are as set forth as to said Public Improvements in the amounts shown in the
Opinion of Probable Cost in Exhibit C and that said total cost is approximately $350,000.00; and
WHEREAS, the 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
MEADOW VISTA PHASE 2 SUBDIVISION IMPROVMENT AGREEMENT PAGE I
WHEREAS, the Public Improvements include public landscaping and irrigation
improvements that will serve the Property and other areas not owned by the Developer; and
WHEREAS, Developer is willing to construct said improvements, including certain public
landscaping and irrigation improvements that will serve the Property and provide beautification of
the Ferguson Parkway Corridor benefitting adjacent properties not owned by the Developer; and
WHEREAS, the Developer has estimated that the costs necessary to complete the
construction are as set forth in the amounts shown in the Landscaping & Irrigation — Opinion of
Probable Construction Cost in Exhibit C and that said total cost is approximately $350,000.00;
and
WHEREAS, the Developer shall be obligated to complete and construct improvements
including public landscaping and irrigation systems in accordance with the plans and specifications
as set forth in Exhibit D and in accordance with the City Development Standards, this Agreement,
and other required approvals; and
WHEREAS, the City desires to share in the cost of the improvements up to a maximum
not -to -exceed amount of $350,000.00, representing the approximate amount of the cost of
construction required to provide for the public improvements; 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
the Public Improvements 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
MEADOW VISTA PHASE 2 SUBDIVISION IMPROVMENT AGREEMENT PAGE 2
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.
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 terms 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 Meadow Vista Phase 2 Subdivision Improvement Agreement.
Building Permit Fee means the $2,400 per unit fee collected at the time of building permit
for single family homes to be constructed within the Development.
Cily means the City of Anna, a home -rule municipality located in 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), design standards (including without limitation pavement
thickness), 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 construction of said phase 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.
Developer means the entity(ies) responsible for developing the Property in accordance with
this Agreement.
MEADOW VISTA PHASE 2 SUBDIVISION IMPROVMENT AGREEMENT PAGE 3
Development means The Meadow Vista subdivision on the Property that is the subject of
this Agreement, including all existing and future phases of the Meadow Vista Development.
Development Standards mean the design specifications and construction standards
permitted or imposed under the City Regulations.
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.
Final Plat means the final plat as approved by the City Council for the development of the
Property as depicted on Exhibit B.
Landscaping & Irrigation Facilities means the trees, grass, foliage, ground cover, irrigation
piping and system controls, sprinkler heads, and related facilities listed in Section 3.3(a).
Mayor means the Mayor of the City of Anna.
Notice means any notice required or contemplated by this Agreement (or otherwise given
in connection with this Agreement).
Public Improvements mean the improvements listed in Exhibit C and Exhibit D and all
other improvements that will be dedicated to and maintained by the City and all other on- and off -
site public facilities, along with other public improvements to be constructed by Developer.
Public Infrastructure means all water, wastewater/sewer, detention and drainage, public
landscaping and irrigation systems, 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. The term includes the Public Improvements.
Real Property Records of Collin County means the official land recordings of the Collin
County Clerk'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 the Public Improvements.
(b) Contract Letting. The Parties understand that this Agreement and
construction of the Public Improvements 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 have not been awarded.
MEADOW VISTA PHASE 2 SUBDIVISION IMPROVMENT AGREEMENT PAGE 4
(c) Ownership. All of the Public Improvements and Public Infrastructure shall
be owned by the City upon acceptance of them 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 the Public Improvements and Public Infrastructure to the
City.
3.2 Operation and Maintenance.
(a) Upon inspection, approval, and acceptance of the Public Improvements or
any portion thereof, the City shall maintain and operate the accepted public infrastructure and
provide retail water and sewer service to the Property.
3.3 Landscaping & Irrigation Facilities
(a) The Landscaping & Irrigation Facilities include:
(1) Trees, grass (seed and/or sod), ground cover, mulch, rock, and
associated foliage installed within the medians of Ferguson Parkway from Hackberry Drive to
north of FM 455 White Street,
(2) Irrigation main lines, zone lines, sprinkler heads, drip irrigation
systems, irrigation controllers, and necessary electric meter necessary to complete the installation
of a public irrigation system within the medians of Ferguson Parkway from Hackberry Drive to
north of FM 455 White Street.
(b) Developer's Obligations.
(1) Developer is solely responsible for the funding, installation, and
construction of the Landscape & Irrigation Facilities improvements as described in Exhibit D.
Developer shall provide the City with a detailed project account of all costs associated with the
projects, including receipts, invoices, change orders, and bills paid affidavits as required for
determining the final cost of each CIP Facility.
(c) Timing of Obligations. Developer shall commence construction of the
Public Improvements on or before November 1, 2025. For the purposes of this document,
"commence construction" shall mean for the Developer to select a contractor, hold a pre -
construction meeting with the City, and engage in irrigation and landscaping construction
activities within the Ferguson Parkway Right -of -Way. Developer shall complete construction of
the Public Improvements in a good and workmanlike manner on or before July 1, 2026; provided,
however, Developer shall not be responsible for any delays in the City review and approval of the
design plans, and Developer's deadlines for commencement and completion of construction shall
be extended by the same duration of any failure of the City to timely acquire applicable easements
and rights -of -way.
(d) City's Obligations.
(1) City shall reimburse the developer for the construction of the
Landscaping & Irrigation Facilities as set forth below. Reimbursement shall be made with
MEADOW VISTA PHASE 2 SUBDIVISION IMPROVMENT AGREEMENT PAGE 5
payment from Building Permit Fee Funds for the Meadow Vista Development once the City has
accepted the public improvements. Building Permit Fees for all current and future phases of the
Meadow Vista development shall be eligible for use in reimbursing the Developer. The City shall
review the project accounting submitted by the developer prior to initiating reimbursements. The
City shall reimburse the Developer for the lesser of.
i. $350,000.00; or the full cost to construct the Landscaping & Irrigation
Facilities
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:
Bloomfield Homes, LP
Attn: Donald J. Dykstra
1050 E. Highway 114
Suite #210
Southlake, Texas 76092
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. Subject to the terms of
this Agreement, the Parties agree that Developer will be solely responsible to construct all Public
Infrastructure. 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 Compliance with Development Standards. Developer agrees as part of the consideration
for this Agreement that all structures, amenities, buildings, and any other vertical construction
within the Development shall meet or exceed all Development Standards and City Regulation. It
is expressly understood and the Parties agree that City Regulations and Development Standards
applicable to the Property and its use and development include but are not limited to City Code
provisions, ordinances, design standards, uniform codes, 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"); provided, however, to the extent of any conflict between
the requirements of Materials and Methods Regulations and the requirements of this Agreement,
this Agreement shall control.
5.3 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
MEADOW VISTA PHASE 2 SUBDIVISION IMPROVMENT AGREEMENT PAGE 6
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. In the event of a conflict between the Concept Plan and the Development Standards,
the Development Standards shall control to the extent of the conflict.
5.4 Public Infrastructure, Generally. Except as otherwise expressly provided for in
this Agreement, Developer shall provide 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 platting as 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
construction 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 Infrastructure shown
thereon shall have been constructed, and thereafter inspected, approved and accepted by the City.
5.5 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
two (2) years from the date of final acceptance of the Public Infrastructure constructed under such
contract.
5.6 Inspections. Acceptance of Public Infrastructure, and Developer's Remedy.
(a) Inspections, 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
street lights 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 according to the approved engineering plans, City Regulations and
Development Standards, and until such Public Infrastructure has been dedicated to and accepted
by the City.
MEADOW VISTA PHASE 2 SUBDIVISION IMPROVMENT AGREEMENT PAGE 7
(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 City'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.
5.7 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 such policies, along
with the endorsement naming the City as an additional insured. Each such policy shall provide
that, at least 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.
5.8 INDEMNIFICATION and HOLD HARMLESS. THE 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 THE 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
MEADOW VISTA PHASE 2 SUBDIVISION IMPROVMENT AGREEMENT PAGE 8
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. THE
DEVELOPER SHALL NOT, HOWEVER, BE REQUIRED 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 THE DEVELOPER AND THE
CITY, THE DEVELOPER'S INDEMNITY OBLIGATION WILL BE LIMITED TO A
FRACTION OF THE TOTAL CLAIMS EQUIVALENT TO THE DEVELOPER'S OWN
PERCENTAGE OF RESPONSIBILITY. THE 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 THE 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 WIITH
RESPECT TO THE PROPERTY. THIS SECTION SHALL SURVIVE THE TERMINATION
OF THIS AGREEMENT.
5.9 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.
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 Party 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.
MEADOW VISTA PHASE 2 SUBDIVISION IMPROVMENT AGREEMENT PAGE 9
6.3 Performance Window. Developer shall take all actions required under the City
Regulations and this Agreement necessary to record a final plat of the Development in the Real
Property Records of Collin County not later than 24 months after the Effective Date. If Developer
does not meet this obligation, the City may elect to terminate this Agreement by providing
Developer with written notice of such failure(s). If the City provides such written notice,
Developer shall have 120 days from the date that the City delivers said written notice in which to
cure such failure(s), plus an additional time period equal to any delay caused by the failure(s), if
any, of the City to timely meet its obligations under this Agreement. If Developer fails to timely
cure such failure(s), then the City shall be excused from its obligations under this Agreement,
including but not limited to any obligation to reimburse the Developer any amounts otherwise due
under this Agreement.
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 subject 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
part, by 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 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 assignment unless the City approves the release in writing. Developer
shall maintain written records of all assignments made by Developer to assignees, including a copy
of each executed assignment and, upon written request from any Parry 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, assignment, 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 Party 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.
MEADOW VISTA PHASE 2 SUBDIVISION IMPROVMENT AGREEMENT PAGE 10
7.4 Notice of Assignment. The following requirements shall apply in the event that
Developer sells, assigns, transfers, or otherwise conveys the Property or 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.
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
official capacity and to his/her reasonable knowledge and belief, execute a written estoppel
certificate identifying any obligations of an owner 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 terminate upon satisfaction of all obligations by all Parties or the
expiration of five (5) 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
MEADOW VISTA PHASE 2 SUBDIVISION IMPROVMENT AGREEMENT PAGE 11
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
111 N. Powell Parkway
Anna, TX 75409
With a copy to: Wolfe, Tidwell & McCoy, LLP
Attn: Clark McCoy
2591 Dallas Parkway, Suite 300
Frisco, Texas 75034
To Developer: Bloomfield Homes, LP
Attn: Donald J. Dykstra
1050 E. Highway 114
Suite #210
Southlake, Texas 76092
With a copy to: Greenberg Traurig, LLP
Attn: Drew Slone
2200 Ross Avenue
Suite #5200
Dallas, Texas 75201
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.
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. The Developer represents and warrants that this Agreement has
MEADOW VISTA PHASE 2 SUBDIVISION IMPROVMENT AGREEMENT PAGE 12
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 the 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. 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.
9.11 Force Majeure. Each Party shall use good faith, due diligence and reasonable
care in the performance 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 three (3) 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, 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 performance at the earliest possible
time. The term "force majeure" shall include events or circumstances that are not within the
reasonable control of the Party whose performance is suspended and that could not have been
avoided by such Party with the good faith exercise of good faith, due diligence and reasonable
care.
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.
MEADOW VISTA PHASE 2 SUBDIVISION IMPROVMENT AGREEMENT PAGE 13
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 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 Final Plat
Exhibit C Landscaping & Irrigation Improvements — Opinion of Probable
Construction Cost
Exhibit D Landscaping & Irrigation Improvements — Project Location Map
[SIGNATURES PAGES AND EXHIBITS FOLLOW, REMAINDER OF THIS PAGE
INTENTIONALLY LEFT BLANK]
MEADOW VISTA PHASE 2 SUBDIVISION IMPROVMENT AGREEMENT PAGE 14
EXECUTED BY THE PARTIES TO BE EFFECTIVE ON THE EFFECTIVE DATE:
CITY OF ANNA
By: I f v'
Name: van Henderson
Tit Ci a er
Date: ` 9 2
STATE OF TEXAS
COUNTY OF COLLIN
This instrument was acknowledged before me on this _�L day of c 2025,
Nate Pike, Mayor of the City of Anna, Texas, on behalf of said City.
otary Public, St:6te of T
r►"•� GRACE KARINA "ROSA
[SEAL] =?` Notary Public, State ofTexa!
Comm. Expires 12-16-2028
Notary ID 135204375
MEADOW VISTA PHASE 2 SUBDIVISION IMPROVMENT AGREEMENT PAGE 15
DEVELOPER:
Bloomfield Homes, LP,
a Texas limited partnership
By:
Name: Donald J. Dykstra
Title: President
THE STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the _ day of 2025, by
of Bloomfield Homes, a Texas Limited
Partnership.
Notary Public in and for the State of Texas
MEADOW VISTA PHASE 2 SUBDIVISION IMPROVMENT AGREEMENT PAGE 16
Exhibit A
METES AND BOUNDS DESCRIPTION OF THE PROPERTY
�EXHIBITA
LEGAL DESCRIPTION
TRACT
161.250 ACRES
BEING A 161.250 ACRE TRACT OF LAND SITUATED IN THE FRANCIS T. DUFFAU
SURVEY, ABSTRACT NO. 288, CITY OF ANNA E.T.J., COLLIN COUNTY, TEXAS,
AND BEING ALL OF A CALLED 162.12 ACRE TRACT OF LAND CONVEYED TO QJR
PARTNERSHIP, LTD. BY DEED RECORDED IN VOLUME 5106, PAGE 2380,
OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS AND SAID 162,12 ACRE
TRACT BEING DESCRIBED IN DEED TO LORRAINE SHERLEY, AS RECORDED IN
VOLUME 784, PAGE 34, DEED RECORDS, COLLIN COUNTY, TEXAS. BEING ALL
OF A CALLED 80 ACRE TRACT OF LAND CONVEYED AS FIRST TRACT, ALL OF A
CALLED 40.86 ACRE TRACT OF LAND CONVEYED AS THIRD TRACT, ALL OF A
CALLED 10 ACRE TRACT OF LAND CONVEYED AS FOURTH TRACT, ALL OF A
CALLED 10 ACRE TRACT OF LAND CONVEYED AS FIFTH TRACT, AND ALL OF A
CALLED 21.26 ACRE TRACT OF LAND CONVEYED AS SIXTH TRACT, SAID
161.250 ACRE TRACT WITH BEARING BASIS BEING GRID NORTH, TEXAS STATE
PLANE COORDINATES, NORTH CENTRAL ZONE, NAD83 (NAD83 (2011) EPOCH
2010), DETERMINED BY GPS OBSERVATIONS, CALCULATED FROM DENTON
CORS ARP (PID-DF8986) AND DALLAS CORS ARP (PID-DF8984) AND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA
SURVEYING" SET FOR THE SOUTHWEST CORNER OF SAID 21.26 ACRE SIXTH
TRACT, THE COMMON NORTHWEST CORNER OF LOT 56, BLOCK F AND THE
NORTHEAST CORNER OF LOT 3, BLOCK G OF CREEKSIDE PHASE 3, AN
ADDITION TO THE CITY OF ANNA ACCORDING TO THE PLAT RECORDED IN
CABINET P, SLIDE 623, PLAT RECORDS, COLLIN COUNTY, TEXAS AND BEING
THE COMMON SOUTHEAST CORNER OF CALLED 50.53 ACRE TRACT OF LAND
CONVEYED BY DEED TWO-J PARTNERS, LLLP RECORDED IN COUNTY CLERK'S
FILE NO. 20080509000562500, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY,
TEXAS;
THENCE, ALONG THE COMMON EAST LINE OF SAID 50.53 ACRE TRACT AND
THE WEST LINE OF SAID 21.26 ACRE SIXTH TRACT AND THE WEST LINE OF
SAID 10 ACRE FOURTH TRACT, THE FOLLOWING COURSES AND DISTANCES:
NORTH 00 DEGREES 40 MINUTES 32 SECONDS EAST, A DISTANCE OF
260,50 FEET TO A POINT FOR CORNER;
NORTH 00 DEGREES 59 MINUTES 07 SECONDS EAST, A DISTANCE OF
1115.83 FEET TO A POINT FOR CORNER;
NORTH 00 DEGREES 49 MINUTES 32 SECONDS EAST, A DISTANCE OF
309.20 FEET TO A POINT FOR CORNER;
S:\NTX-LAND\0077\200 SURVEY\230 Legal ❑escriptions\0077BY01-TRACT 1.docz
Page 1 of 3
Exhibit A
METES AND BOUNDS DESCRIPTION OF THE PROPERTY
NORTH 00 DEGREES 36 MINUTES 32 SECONDS EAST, A DISTANCE OF
368.00 FEET TO A POINT FOR CORNER;
NORTH 00 DEGREES 42 MINUTES 32 SECONDS EAST, A DISTANCE OF
596.23 FEET TO A P,K. NAIL WITH SHINER STAMPED "LJA SURVEYING
SURVEYING" SET FOR CORNER, SAID POINT LYING IN COLLIN COUNTY
ROAD NO. 370 (A PRESCRIPTIVE RIGHT OF WAY), SAID POINT BEING THE
COMMON NORTHWEST CORNER OF SAID 10 ACRE FOURTH TRACT AND
THE NORTHEAST CORNER OF SAID 50.53 ACRE TRACT AND BEING ON
THE SOUTH LINE OF A CALLED 64.5 TRACT ACRE OF LAND CONVEYED
TO QJR PARTNERSHIP, LTD. BY DEED RECORDED IN VOLUME 5106,
PAGE 2380, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS AND
SAID 64.5 ACRE TRACT BEING DESCRIBED AS SECOND TRACT IN SAID
VOLUME 784, PAGE 34, DEED RECORDS, COLLIN COUNTY, TEXAS;
THENCE, SOUTH 88 DEGREES 56 MINUTES 00 SECONDS EAST, ALONG THE
COMMON SOUTH LINE OF SAID 64.5 ACRE SECOND TRACT AND THE NORTH
LINES OF SAID 10 ACRE FOURTH TRACT, SAID 21.26 ACRE SIXTH TRACT, SAID
80 ACRE FIRST TRACT, SAID 10 ACRE FIFTH TRACT, AND SAID 40.86 ACRE
THIRD TRACT, A DISTANCE OF 2,654.98 FEET TO A 5/8" IRON ROD WITH
YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR THE NORTHEAST
CORNER OF SAID 40.86 ACRE THIRD TRACT AND THE COMMON NORTHWEST
CORNER OF A CALLED A 111.666 ACRE TRACT OF LAND CONVEYED BY DEED
TO OAKWOOD VILLAGE APARTMENTS, INC., RECORDED IN COUNTY CLERK'S
FILE NO. 20171201001594200, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY,
TEXAS;
THENCE, SOUTH 00 DEGREES 33 MINUTES 44 SECONDS WEST, ALONG THE
COMMON EAST LINE OF SAID 40.86 ACRE THIRD TRACT AND THE WEST LINE
OF SAID 111.666 ACRE TRACT, A DISTANCE OF 2640.17 FEET TO A 5/8" IRON
ROD WITH YELLOW PLASTIC CAP STAMPED "J.E. SMITH 3700" FOUND FOR THE
COMMON SOUTHEAST CORNER OF SAID 40.86 ACRE THIRD TRACT AND THE
SOUTHWEST CORNER OF SAID 111.666 ACRE TRACT, SAID POINT LYING ON
THE NORTH LINE OF A 17.455 ACRE TRACT OF LAND CONVEYED AS TRACT 1
NORTH, TO LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD.,
RECORDED IN COUNTY CLERK'S FILE NO. 20180614000736900, OFFICIAL
PUBLIC RECORDS, COLLIN COUNTY, TEXAS;
THENCE, NORTH 88 DEGREES 46 MINUTES 28 SECONDS WEST, ALONG THE
COMMON SOUTH LINE OF SAID 40.86 ACRE THIRD TRACT, THE SOUTH LINE OF
AFORESAID 10.00 ACRE FIFTH TRACT, AND THE NORTH LINE OF SAID 17.455
ACRE TRACT, A DISTANCE OF 803.28 FEET TO A 5/8" IRON ROD FOUND FOR
THE COMMON NORTHWEST CORNER OF SAID 17.455 ACRE TRACT AND THE
NORTHEAST CORNER OF THE FALLS PHASE 2, AN ADDITION TO THE CITY OF
S:\NTX-LAND10077\200 SURVEY\230 Legal Des criptions\007713Y01-TRACT 1.docx
Page 2 of
Exhibit A
METES AND BOUNDS DESCRIPTION OF THE PROPERTY
ANNA ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET P, PAGE
870, PLAT RECORDS, COLLIN COUNTY TEXAS;
THENCE, ALONG THE COMMON NORTH LINE OF SAID THE FALLS PHASE 2,
CONTINUING ALONG THE SOUTH LINE OF SAID 10,00 ACRE FIFTH TRACT AND
ALONG THE SOUTH LINE OF AFORESAID 80 ACRE FIRST TRACT, THE
FOLLOWING COURSES AND DISTANCES:
NORTH 89 DEGREES 00 MINUTES 01 SECOND WEST, A DISTANCE OF
642.80 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
"LJA SURVEYING" SET FOR CORNER;
NORTH 89 DEGREES 04 MINUTES 18 SECONDS WEST, A DISTANCE OF
13.58 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
"LJA SURVEYING" SET FOR CORNER;
NORTH 89 DEGREES 18 MINUTES 16 SECONDS WEST, A DISTANCE OF
715.13 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
"LJA SURVEYING" SET FOR CORNER AT THE COMMON NORTHWEST
CORNER OF THE FALLS PHASE 2, THE NORTHEAST CORNER OF
AFORESAID CREEKSIDE PHASE 3, THE SOUTHWEST CORNER OF SAID 80
ACRE FIRST TRACT AND THE SOUTHEAST CORNER OF AFORESAID 21.26
ACRE SIXTH TRACT;
THENCE, NORTH 89 DEGREES 41 MINUTES 14 SECONDS WEST, ALONG THE
COMMON SOUTH LINE OF SAID 21.26 ACRE SIXTH TRACT AND THE NORTH LINE
OF SAID CREEKSIDE PHASE 3, A DISTANCE OF 492.18 FEET TO THE POINT OF
BEGINNING AND CONTAINING A CALCULATED AREA OF 7,024,033 SQUARE
FEET OR 161.250 ACRES OF LAND,
S:\NTX-LAND\0077\200 SURVEY\230 Legal Descriplions\0077BY01-TRACT t.docx
Page 3 of 3
Exhibit A
METES AND BOUNDS DESCRIPTION OF THE PROPERTY
LEGAL DESCRIPTION
TRACT 2
61.905 ACRES
BEING A 61.905 ACRE TRACT OF LAND SITUATED IN THE JOHN ELLET SURVEY,
ABSTRACT NO. 296, CITY OF ANNA E.T.J., COLLIN COUNTY, TEXAS, AND BEING
PART OF A 64.50 ACRE TRACT OF LAND CONVEYED TO QJR PARTNERSHIP,
LTD. BY DEED RECORDED IN VOLUME 5106, PAGE 2380, OFFICIAL PUBLIC
RECORDS, COLLIN COUNTY, TEXAS AND SAID 64.5 ACRE TRACT BEING
DESCRIBED AS SECOND TRACT IN THE DEED TO LORRAINE SHERLEY, AS
RECORDED IN VOLUME 784, PAGE 34, DEED RECORDS, COLLIN COUNTY,
TEXAS. SAID 61.905 ACRE TRACT WITH BEARING BASIS BEING GRID NORTH,
TEXAS STATE PLANE COORDINATES, NORTH CENTRAL ZONE, NAD83 (NAD83
(2011) EPOCH 2O10), DETERMINED BY GPS OBSERVATIONS, CALCULATED
FROM DENTON CORS ARP (PID-DF8986) AND DALLAS CORS ARP (PID-DF8984)
AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING AT A 1" IRON PIPE (BENT) FOUND FOR THE SOUTHEAST CORNER
OF SAID 64.5 ACRE SECOND TRACT AND BEING THE COMMON
NORTHEASTERLY NORTHWEST CORNER OF A 111.666 ACRE TRACT OF LAND
CONVEYED BY DEED TO OAKWOOD VILLAGE APARTMENTS, INC., RECORDED
IN COUNTY CLERK'S FILE NO. 20171201001594200, OFFICIAL PUBLIC RECORDS,
COLLIN COUNTY, TEXAS, FROM WHICH 5/8" IRON ROD FOUND FOR AN
INTERIOR ELL CORNER OF SAID 111.666 ACRE TRACT AND THE COMMON
SOUTHWEST CORNER OF A 50.00 ACRE TRACT OF LAND CONVEYED BY DEED
TO KAYASA FAMILY, LTD., RECORDED IN COUNTY CLERK'S FILE NO.
20171012001368980, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS
BEARS SOUTH 01 DEGREE 15 MINUTES 53 SECONDS WEST, A DISTANCE OF
36.09 FEET;
THENCE, NORTH 88 DEGREES 57 MINUTES 17 SECONDS WEST, ALONG THE
COMMON SOUTH LINE OF SAID 64.5 ACRE SECOND TRACT AND THE NORTH
LINE OF SAID 111.666 ACRE TRACT, A DISTANCE OF 33.92 FEET TO A 5/8" IRON
ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR THE
NORTHWEST CORNER OF SAID 111.666 ACRE TRACT AND THE COMMON
NORTHEAST CORNER OF A CALLED 40.86 ACRE THIRD TRACT AS RECORDED
IN SAID VOLUME 784, PAGE 34, DEED RECORDS, COLLIN COUNTY, TEXAS;
THENCE, NORTH 88 DEGREES 56 MINUTES 00 SECONDS WEST, ALONG THE
COMMON SOUTH LINE OF SAID 64.5 ACRE SECOND TRACT AND THE NORTH
LINES OF SAID 40.86 ACRE THIRD TRACT, A CALLED 10 ACRE TRACT OF LAND
CONVEYED AS FIFTH TRACT, A CALLED 80 ACRE TRACT OF LAND CONVEYED
AS FIRST TRACT, A CALLED 21.26 ACRE TRACT OF LAND CONVEYED AS SIXTH
S1NTX-1-AND\0077200 SURVEY\230 Legal Descriplions\007713Y01-TRACT 2.docx
Page 1 of 3
Exhibit A
METES AND BOUNDS DESCRIPTION OF THE PROPERTY
TRACT, AND A CALLED 10 ACRE TRACT OF LAND CONVEYED AS FOURTH
TRACT, AS RECORDED IN SAID VOLUME 784, PAGE 34, DEED RECORDS,
COLLIN COUNTY, TEXAS, A DISTANCE OF 2,654.98 FEET TO A P.K. NAIL WITH
SHINER STAMPED "LJA SURVEYING" SET FOR THE NORTHWEST CORNER OF
SAID FOURTH TRACT AND THE COMMON NORTHEAST CORNER OF A CALLED
50.53 ACRE TRACT OF LAND CONVEYED BY DEED TWO-J PARTNERS, LLLP
RECORDED IN COUNTY CLERK'S FILE NO. 20080509000562500, OFFICIAL
PUBLIC RECORDS, COLLIN COUNTY, TEXAS;
THENCE, NORTH 88 DEGREES 48 MINUTES 28 SECONDS WEST, ALONG THE
COMMON NORTH LINE OF A 50.53 ACRE TRACT AND THE SOUTH LINE OF SAID
64.5 ACRE SECOND TRACT, A DISTANCE OF 251.32 FEET TO A 5/8" IRON ROD
WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER,
SAID POINT BEING THE SOUTHWEST CORNER OF SAID 64.5 ACRE SECOND
TRACT AND THE SOUTHEAST CORNER OF A 38.15 ACRE TRACT OF LAND
CONVEYED BY DEED AS TRACT 7 TO MJLA ADAMS, LTD. RECORDED IN
COUNTY CLERK'S FILE NO. 20110505000462590, OFFICIAL PUBLIC RECORDS,
COLLIN COUNTY, TEXAS;
THENCE, NORTH 01 DEGREE 38 MINUTES 26 SECONDS WEST, ALONG THE
COMMON WEST LINE OF SAID 64.5 ACRE SECOND TRACT AND THE EAST LINE
OF SAID 38.15 ACRE TRACT, A DISTANCE OF 509.20 FEET TO A P.K. NAIL WITH
SHINER STAMPED "LJA SURVEYING" SET FOR CORNER, SAID POINT BEING THE
NORTHEAST CORNER OF SAID 38.15 ACRE TRACT AND THE SOUTHEAST
CORNER OF A 17.863 ACRE TRACT OF LAND CONVEYED BY DEED TO ANNA 18,
LLC RECORDED IN COUNTY CLERK'S FILE NO. 20161020001423440, OFFICIAL
PUBLIC RECORDS, COLLIN COUNTY, TEXAS;
THENCE, DEPARTING SAID WEST LINE OF SAID 64.5 ACRE SECOND TRACT AND
OVER AND ACROSS SAID 64.5 ACRE SECOND TRACT, THE FOLLOWING
COURSES AND DISTANCES:
NORTH 89 DEGREES 28 MINUTES 39 SECONDS EAST, A DISTANCE OF
500,77 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
"LJA SURVEYING" SET FOR CORNER;
NORTH 00 DEGREES 31 MINUTES 21 SECONDS WEST, A DISTANCE OF
432.96 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
"LJA SURVEYING" SET FOR CORNER ON THE NORTH LINE OF SAID 64.5
ACRE SECOND TRACT AND THE COMMON SOUTH LINE OF A 159.725
ACRE TRACT OF LAND CONVEYED BY DEED TO LHJH MANAGEMENT
COMPANY LLC RECORDED IN COUNTY CLERK'S FILE NO.
20061003001424590, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY,
TEXAS;
S:\NTX-LAND\0077\200 SURVEY\230 Legal Descripllons\0077BY01-TRACT 2.docx
Page 2 of 3
Exhibit B
FINAL PLAT
Z 39VHd V1SIA MOOV3LY
! �ji�is! �j�SSjj�}i � i! . : tf• 2..! j � !((@66'� ��$� ! 'i+ f � �
fill
0�
i#�[l�ife+}; i1Sl i 1F fiat
S
$e:
!� 1 S7 � 4 {! { S•� { g �;t rj +{�}S t = 'g 1=`�} i�f� jl }� * °� � s ,' � a�?.4
f
i 3
'S�F � #;� t ! �9S i :�S ti i' ! igl .1}; !yl r}} r t f, g �• r � ex
Ith ;t A
fill
=1��i ���� � }i t ti {t}} !f ! ,� 1►t➢ ��� �{' �� ��! �'ii a:�� �`�e; �s,.
if 11111i I;R �f )ttt 8 to � � at lifER6}ie r� f
. Y
i F7F !1 � ➢ �a ' 'jam i � a '' �'Y I Q *� .. _�. �.. f� L E i � I i
� � '��
i
1p et
]iP •" L 1� ' � �'� Gq; ! si98 it s r- a i lie
Exhibit C
PUBLIC IMPROVEMENTS — OPINION OF PROBABLE CONSTRUCTION COST
Preliminary Cost Estimate
RE: N. Ferguson Parkway Nftdian Improvements
City of.Axina, Collin County, Texas
Prepared foss
JR Donglas
B'ooznfiold Homes
P--epased B-: Cody Johnson PLk, ASLA, Ll
JohnsonVolkConsriltins, Inc.
N. Fer7i:5on Parl,---vav NfecL.m lmpiocemew5
P_ry
1111ji
Description
Unit Pile-
I oral
LS
2'WjLtet Mote.- and BxckEow Seviv
$135,00000
$53,4,00.00
EA,
Bose for sleering to medians
$6,300-00
532300O0
3
i
U
Site Grading ' Clexanp
59"50.00
59.750.:."
4
i-S
Misc. materials piorided b,- landcape cocttacror
337,500.00
5
44
F-A,
3" Caliper Shade Tree
$595-00
$26.180.00
6
64.4;1"
;;F
lCommon B*=ntu Solid Sod
$0.65
$41,S9250
Complete irrigation System
51-89
S I
8
LS
Project Permit Fees �(-Uvr=ce,,
$3,500-00
$3,500,.-3
9
1
LS
Protect Ma=eeruen' Fees
$10,000.00
$10,000.00
10
1
LS
P.-ojecxed LA De3ien Fees
$15,000.00
1 515,000.00
Grand Total
j S332,488.50D
Notes:
1 This preliminary cost estimate is based on takeoffs from G(>ogle Earth.
TOTAL PROJECT BUDGET: S350,000
Exhibit D
PROJECT LOCATION MAP
FWt.
NACKBERRY'DR
ERR DR YDR
HA RRYDR
POPR
0�
LLS DR NELMOKEN FALLS OR ,i r '�
4
a , CHAPEL FOLL DR
MAD/SON.DR uelfecnun.. �'/� .•r w �
STONEREL,D OR STgNEAELD DR
AELDS i?EW,DR yEµ,
WA.
v
M