HomeMy WebLinkAboutRes 2025-04-1763 Impact Fee Reimbursement Agreement with Jefferson Finley, LLCCITY OF ANNA, TEXAS
RESOLUTION NO. Z o Z 5- d q- l7b 3
A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE AN IMPACT FEE REIMBURSEMENT AGREEMENT WITH
JEFFERSON FINLEY, LLC FOR THE DESIGN AND CONSTRUCTION OF PUBLIC
ROADWAY AND WATER SYSTEM IMPROVEMENTS, IN A FORM APPROVED BY
THE CITY ATTORNEY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Sharp Street is shown in the Master Thoroughfare Plan for the City of Anna,
Texas as a major arterial; and,
WHEREAS, the City has identified the Sharp Street roadway project as a critical
infrastructure project for the City; and,
WHEREAS, a 12-inch water main along East Finley Boulevard is shown in the Water
System Master Plan for the City of Anna, Texas as a public water main; and,
WHEREAS, the City has identified the 12-inch water project as a critical infrastructure
project for the City; and,
WHEREAS, Jefferson Finley, LLC agrees to provide the engineering design and
construction for the Roadway Project and the Water Project as generally described above
and within the Impact Fee Reimbursement Agreement, subject to Roadway Impact Fee
and Water Impact Fee reimbursement from the City of Anna; and,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Authorization of Payment and Funding.
That the City Council of the City of Anna hereby authorizes the City Manager to execute
the Impact Fee Reimbursement Agreement.
That funding for the project shall come from Roadway Impact Fees and Water Impact
Fees.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 00
day of 2025.
ATTEST:
City Secretary, Carrie
THEd I CITY OF
1913
APPROVED:
ayor, Pete Cain
I*
Exhibit A
(see attached Impact Fee Reimbursement Agreement)
ROADWAY AND WATER IMPACT FEE REIMBURSEMENT AGREEMENT
This Roadway Impact Fee Reimbursement Agreement (this "Agreement") is entered into by and
between the City of Anna, Texas (the "City") and Jefferson Finley, LLC, a Texas limited liability
company (the "Developer").
WHEREAS, Developer and the City 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 that this Agreement shall supersede any previous agreement
between the Parties regarding the subject matter hereof to the extent that this Agreement and any
such previous agreement are in direct conflict; and
WHEREAS, Developer represents and warrants that it owns and desires to develop certain real
property in Collin County, Texas, composed of approximately 11.0174 acres of land located
entirely within the corporate limits of the City of Anna, more particularly described in the attached
Exhibit A (the "Property"); and
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 the Parties.
SECTION 2 DEFINITIONS
City Acceptance Date has the meaning ascribed to that term in Section 3(a).
City Code means the Anna City Code of Ordinances.
City Manager means the current or acting City Manager of the City of Anna or a person designated
to act on behalf of the City Manager with respect to this Agreement if the designation is in writing
and signed by the current or acting City Manager.
City Regulations mean City Code provisions, ordinances, design and engineering standards, and
uniform codes, duly adopted by the City as amended as of the Effective Date.
Collected Roadway Impact Fees shall have the meaning ascribed to that term in Section 4(b)(1).
Collected Water Impact Fees shall have the meaning ascribed to that term in Section 5(b)(1).
Roadway Impact Fee Reimbursement Agreement — Page 1
Commence Construction means that the City has approved the engineering plans, held a
preconstruction meeting with the Developer and contractor, and the contractor has mobilized
equipment as such actions are applicable to the Roadway Project.
Developer's Design and Construction Cost, with respect to the Roadway Project and the Water
Project, means: the dollar amount actually paid by or on behalf of Developer for the engineering,
design, land surveying, and construction of the Roadway Project and the design and construction
upsize cost from an 8-inch water main to a 12-inch water main for the Water Project, which shall
generally include but not be limited to the items listed in the cost breakdown attached hereto as
Exhibit B-1 and Exhibit C-1. City inspection fees shall not be included in Developer's Design
and Construction Cost.
Roadway Reimbursement Amount, has the meaning ascribed to that term in Section
4(b)(1).Property means the real property as described and depicted in Exhibit A.
Water Reimbursement Amount, with respect to the Water Project, means a dollar amount equal to
the lesser of the Developer's Design and Construction Cost of the Water Improvements or the total
amount of Water Impact Fees collected from the Impact Fee Reimbursement Area by the City.
Impact Fee Reimbursement Property means real property as defined in Exhibit B-2 from which
Collected Roadway Impact Fess shall be eligible to be reimbursed upon development.
Roadway Improvements means design, surveying, testing, right of way preparation, paving
excavation, construction of concrete paving, storm drainage, curbs, signage, roadway transitions,
turn lanes, pavement markings, sidewalks, irrigation, landscaping, lighting and any other
improvements necessary for a complete roadway system for the Roadway Project in accordance
with City Regulations,
Roadway Project means the design and constriction of approximately 1,350 linear feet of the
missing westbound lane of Sharp Street, from Finley Boulevard to the paving transition
approximately 275' west of the intersection of Errol Street and Sharp Street, more particularly
depicted and described as the Roadway Improvements in Exhibit B-3, attached hereto, and in
accordance with construction plan(s) approved by the City.
Water Improvements means the upsize cost for the design, surveying, testing, and installation of
approximately 45 feet of a 12-inch PVC water main instead of an 8-inch PVC water main,
including valves, hydrants, appurtenances, and connection to the existing City public water system
in accordance with the City of Anna Engineering Design Standards, and any other improvements
necessary for a complete public water system for the Water Project.
Water Project means the design and construction of the Water Improvements generally described
and depicted in Exhibit C-2, attached hereto, and in accordance with construction plan(s) approved
by the City.
Impact Fee Reimbursement Agreement- Page 2
SECTION 3 GENERAL PROVISIONS
(a) Documentation of Actual Amount Paid. Once Developer fully completes the Roadway Project,
Developer shall provide the City Manager with documentation reasonably acceptable to the
City Manager evidencing Developer's Design and Construction Cost. The City Manager shall
review the documentation provided and shall approve or deny Developer's Design and
Construction Cost within fifteen (15) business days of receipt thereof (which approvals shall
not be unreasonably withheld). If the City Manager takes no action within such fifteen (15)
day period, the documentation and Developer's Design and Construction Cost shall be
deemed approved. Upon approval (or deemed approval) of Developer's Design and
Construction Cost, the City shall issue a written acceptance letter to Developer, which shall
signify final acceptance by the City of the Roadway Project (referred to as the "City
Acceptance Date"). Notwithstanding the foregoing or any provision of this Agreement, there
shall be no such deemed approval by the City Manager unless the above -referenced
documentation includes the following text in bold, underlined, uppercase, 12 pt font
conspicuously placed on the cover letter or first page of the documentation submittal, as
applicable: "THIS DOCUMENTATION SUBMITTAL SHALL BE DEEMED
APPROVED UNLESS THE CITY MANAGER TAKES ACTION TO APPROVE OR
DENY DEVELOPER'S DESIGN AND CONSTRUCTION COST WITHIN FIFTEEN
(15) BUSINESS DAYS OF RECEIPT OF THIS SUBMITTAL IN ACCORDANCE
WITH THE ROADWAY IMPACT FEE REIMBURSEMENT AGREEMENT
ENTERED INTO BETWEEN THE CITY OF ANNA, TEXAS AND JEFFERSON
FINLEY LLC."
(b) Maintenance Bond. For each construction contract for any part of the Roadway Project,
entered into by or on behalf of Developer, Developer or Developer's contractor(s), as
applicable, further must execute a maintenance bond in accordance with applicable City
Regulations that guarantees the costs of any repair which may become necessary to any part
of the construction work performed in connection with the Roadway Project arising from
defective workmanship or materials used therein, for a full period of two (2) years form the
City Acceptance Date("Maintenance Bond").
(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 City Regulations shall not constitute or be deemed to be a release
of the responsibility and liability of Developer, its engineer, employees, officers or agents 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's engineer, its officers,
agents, servants or employees, it being the intent of the Parties that approval by the City's
engineer signifies the City's approval on only the general design concept of the improvements
to be constructed and that the design plans and specifications meet the requirements of the
City Regulations.
(d) Insurance. Developer or its contractor(s) shall acquire and maintain, during the period of time
when the Roadway Project is under design and/or construction: (a) workers compensation
insurance in the amount required by law; and (b) commercial general liability insurance
Impact Fee Reimbursement Agreement- Page 3
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 Roadway Project design contract(s) and/or construction contract(s), whether by
Developer, a contractor, subcontractor, engineer, materialman, 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 design and/or 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.
(e) Indemnification and Hold Harmless. DEVELOPER COVENANTS AND AGREES TO
INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND SHALL
DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES,
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY
DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING, WITHOUT
LIMITATION, DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER HIND
OR CHARACTER, WHETHER REAL OR ASSERTED (INCLUDING, WITHOUT
LIMITATION, REASONABLE ATTORNEYS' FEES AND RELATED EXPENSES,
EXPERT WITNESS FEES AND RELATED EXPENSES AND OTHER
CONSULTANT FEES AND RELATED EXPENSES) ARISING OUT OF OR IN
CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE NEGLIGENT OR
OTHERWISE WRONGFUL ACTS OR OMISSIONS OF DEVELOPER, ITS AGENTS,
SERVANTS, CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN OR
EMPLOYEES IN CONNECTION WITH THE DESIGN AND/OR CONSTRUCTION
OF THE ROADWAY PROJECT, INCLUDING BUT NOT LIMITED TO INJURY OR
DAMAGE TO CITY PROPERTY. SUCH INDEMNITY SHALL SURVIVE THE
TERM OF THIS AGREEMENT. AT NO TIME SHALL THE CITY HAVE ANY
CONTROL OVER OR CHARGE OF THE DESIGN OR CONSTRUCTION OF THE
ROADWAY PROJECT BY DEVELOPER, NOR THE MEANS, METHODS,
TECHNIQUES, SEQUENCES OR PROCEDURES UTILIZED FOR SAID DESIGN OR
CONSTRUCTION. THIS AGREEMENT DOES NOT CREATE A JOINT ENTERPRISE
BETWEEN THE CITY AND DEVELOPER. DEVELOPER FURTHER COVENANTS
AND AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY
AGAINST ANY AND ALL CLAIMS OR SUITS, BY ANY PERSON CLAIMING AN
INTEREST IN THE PROPERTY WHO HAS NOT SIGNED THIS AGREEMENT
AND WHICH CLAIMS: (1) ARISE IN ANY WAY FROM THE CITY'S RELIANCE
UPON DEVELOPER'S REPRESENTATIONS IN THIS AGREEMENT; OR
(2) RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH THIS
AGREEMENT OR IN CONNECTION WITH DEVELOPER'S OBLIGATIONS
UNDER THIS AGREEMENT. NOTWITHSTANDING THIS PROVISION OR ANY
OTHER PROVISION OF THIS AGREEMENT, DEVELOPER SHALL NOT BE
Impact Fee Reimbursement Agreement- Page 4
OBLIGATED TO INDEMNIFY, DEFEND, OR HOLD THE CITY HARMLESS FOR THE
CITY'S OWN NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT,
THIS INDEMNIFICATION AND HOLD HARMLESS PROVISION SHALL ONLY
APPLY TO DEVELOPER TO THE EXTENT THAT DEVELOPER DESIGNS OR
CONSTRUCTS THE ROADWAY PROJECT OR CAUSES THE DESIGN OR
CONSTRUCTION OF THE ROADWAY PROJECT.
SECTION 4 ROADWAY PROJECT
(a) Developer Obligations.
As a condition to receipt of the impact fee reimbursement set forth herein, Developer agrees
to design and construct the Roadway Improvements and complete the Roadway Project in a
good and workmanlike manner and in accordance with City Regulations and all related
construction plans and permits approved by the City and any other authorities having any
jurisdiction over said projects. Developer shall Commence Construction within 60 days of
execution of this Agreement.
(b) City Obligations
(1) In accordance with City Regulations and state law, the City shall collect roadway impact
fees from the Roadway Impact Fee Reimbursement Property as described in Exhibit B-
2 (the "Collected Roadway Impact Fees") and said collection shall occur at the time of
issuance of building permits. The City shall place such Collected Roadway Impact Fees
in a separate and clearly identifiable interest -bearing account. The City shall reimburse
Developer up to the lesser of $798,869.00 or the Developer's Design and Construction
Cost in the aggregate on a quarterly basis (the lessor said amounts referenced herein as
the "Roadway Reimbursement Amount") commencing on the first full quarter after the
City Acceptance Date. Notwithstanding the foregoing or any other provision of this
Agreement, the Collected Roadway Impact Fees shall be the sole source of funding for
the City's reimbursement(s) to Developer in connection with the Roadway Project even
if the total amount of the Collected Roadway Impact Fees is less than the Roadway
Reimbursement Amount.
(2) Notwithstanding the foregoing or any other provision of this Agreement, the Roadway
Reimbursement Amount otherwise required to be reimbursed under this Agreement shall
not be payable to the Developer unless and until the City has fully discharged its
obligations to provide roadway impact fee reimbursements to the extent required under
separate agreements approved in the City of Anna Resolution 2022-08-1225, City of
Anna Resolution 2021-01-851, and City of Anna Resolution 2014-02-01 as well as all
other agreements between the City of and any or all of the following entities:
l . Anna Town Center No. 1BRGT, Ltd.
2. Anna Town Center No. 2/BRTO, Ltd.
3. Anna Town Center No. 3/WARN, Ltd.
4. Anna Town Center No. 4/SHRP, Ltd.
Impact Fee Reimbursement Agreement- Page 5
5. Anna Town Center No. 5/HSLT, Ltd.
6. Anna Town Center No. 6/LNRD, Ltd.
7. Anna Town Center No. 7BRGT, Ltd.
8. 40 PGE, Ltd.
9. Anna Crossing 40 PGE, Ltd.
10. Anna Town Center No. 8/CTS, Ltd.
11. Anna Crossing AMC, Ltd.
12. Anna Crossing No. 8/Pulte Homes of Texas, LP
13. Anna Crossing No. 9/Pulte Homes of Texas, LP
(3) Notwithstanding the foregoing or any other provision of this Agreement, this Agreement
shall expire on September 30 in the tenth year after the City Acceptance Date after which
the parties shall have no further rights or obligations aside from those that expressly
survive the term of this Agreement, if any.
SECTION 5 WATER PROJECT
(a) Developer Obligations.
As a condition to receipt of the impact fee reimbursement set forth herein, Developer agrees
to design and construct the Water Improvements. Developer agrees to commence design
within 60 days of execution of this agreement.
(b) City Obligations
(1) In accordance with City Regulations and state law, the City shall provide the Water
Impact Fee Reimbursement to Developer in an amount not to exceed $8,365.02 for the
upsize cost from an 8-inch water main to a 12-inch water main, until the Final
Reimbursement Amount for the design and construction of the Water Improvements has
been paid in full.
(2) Notwithstanding Section 5(b)(1) above, the Reimbursement authorized by this
Agreement shall expire on December 31 in the tenth year after the City Approval Date.
SECTION 6 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 public notary.
The City's duties and obligations hereunder shall not arise unless and until all Parties have duly
executed this Agreement.
SECTION 7 TERMINATION
This Agreement and all obligations of the Parties hereto, shall terminate upon full performance of
the terms of this Agreement unless sooner terminated under the express terms of this Agreement.
Impact Fee Reimbursement Agreement- Page 6
SECTION 8 SUCCESSORS AND ASSIGNS
(a) All obligations and covenants under this Agreement shall bind Developer and its successors
and assigns.
(b) Except for future owners of all or a portion of the Property, this Agreement shall not be
assignable by Developer without the prior written consent of the City.
SECTION 9 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: Jefferson Finley, LLC.
Attn: Blake Taylor
600 Las Colinas Blvd. E #1800
Irving, TX 75039
(c) 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 all Parties 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. This Agreement will be construed under the laws of the state
of Texas, without regard to choice -of -law rules of any jurisdiction. 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
Impact Fee Reimbursement Agreement- Page 7
provision as similar in terms and effect to such unlawfiil 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 any Party or any breach of this Agreement, or the failure of any 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 Drafting 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 Parties
hereto and is not intended to and shall not confer any rights or benefits on any third party not
a signatory hereto.
(k) Counterparts. This Agreement may be executed in a number of identical counterparts, each
of which shall be deemed an original for all purposes.
(1) No Waiver of Development Ordinances. No waiver of any provision of this Agreement will
be deemed to constitute a waiver of any other provision or any other agreement among the
Parties. No waiver of any provision of this Agreement will be deemed to constitute a
continuing waiver unless expressly provided for by written amendment to this Agreement;
nor will the waiver of any default under this Agreement be deemed a waiver of any subsequent
defaults of the same type. Nothing herein shall waive any obligations of Developer under
applicable City Regulations.
(m) Exhibits.
Exhibit A
The Property (legal description and drawing)
Exhibit B-1
Breakdown of Roadway Construction Costs
ExhibitB-2
Impact Fee Reimbursement Property
Exhibit B-3
Roadway Project
Exhibit C-1
Breakdown of Water Construction Costs
Exhibit C-2
Water Project
Impact Fee Reimbursement Agreement- Page 8
[SIGNATURE PAGES FOLLOW,
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
Impact Fee Reimbursement Agreement- Page 9
Jefferson Finley, LLC,
a Delaware limited liability company,
13v:
Name: Blake Taylor
Title: Senior Vice President
IN WITNESS WHEREOF:
STATE OF TEXAS
COUNTY OF VAIIA (
Before me, the undersigned notary public, on the Z7 N day of Ma C(Ij 2025, personally
appeared Pi[Att fAI4(CY . known to me to be the person whose name is subscribed
to the foregoing instrument, and acknowledged to me that (s)he executed the same in his/her
capacity as manager of Jefferson Finley, LLC, a Dellwarc limited liability company.
Notary Public, State of Texas
(SEAL)
CHELSEA DIANNE DAUER
=9 _ Notary Public, State of Texas
Comm. Expires 03-25-2026
Notary ID 133668093
Impact Fee Reimbursement Agreement — Exhibit A
CITY OF ANNA
By:
Ryan Henderson, City Manager
IN WITNESS WHEREOF:
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned notary public, on the Z day of pr 1 2025, personally
appearedRyarl Htnr�d(5Q/j 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. 1-�,
otary Publi , State of exas
GRACE KARINA M. DEROSA
(SEAL)
:zr Notary Public, State of Texas
Comm. Expires 12-16-2028
Notary ID 135204375
Impact Fee Reimbursement Agreement — Exhibit A
EXHIBIT A
The Property
STATE OF TEXAS
COUNTY OF COLLIN
Being a tract of land situated In the Grarderson Stark Survey Abstract No. 198 In the Clty
of Anna. Collin County. Texas, and being aq of a called 11.015 acre tract of land described
In speck-ri warranty deed to Jefferson FL•1ley. LLC. recorded In Instrument No.
20230000(39174, in the Official Public Records of Collin County. Texas (O.P.R.C.C.T,), and
being more particularly descrbed as follows:
BEGINNING at a 5 8-inch iron rod With cap stamped "RPLS 4838-(controlling monument)
found at the southeast corner of saki 1.096 arse tract and the southwest corner of Anna
Crossing Phase. an addition to the City of Anna, as recorded in Volume 2020, Page 272.
In :11e Plat Records of Collin County, Texas. (P.R.C,C.T.j. bolr.g in the north line of Sharp
Street (60 foot R' ht-01-Way) and on a curve to the right having a radius of 470.00 feet and
a central angle of-04 degrees 23 mhwtes 23 seconds,.
THENCE with the north line of said Sharp Street and sald curve to the right, an arc distance
of 36.01 feet (Chord Bearing South 88 degrees 22 minutes 08 seconds West, 36.00 feet) to
a 5+8-inch iron rod with cap stamped 'RPLS 4838"fourd at the point of tangency-
THENCE North 89 degrees 26 minutes 10 seconds "'est. at a distance of 156.72 feet
passing a 5-84r.ch Iron rod .vIth cap stamped 'RPLS 4838'found at the south -.vest corner of
said 1.096 acre tract and if'e southeast corner of said 9.919 acre tract, and continuing with
the north line of saki Sharp Street and the south line of said 9.919 acre tract. a total
distance of 828A3 feet to a 5i8-inch iron rcxi with cap stamped 'RPLS 4838(ccr.rtrolltri
monument) found at the pant of curvature of a curve to the right. having a radius of 570.00
feet and a central angle of •14 degrees 18 minutes 51 seconds,
THENCE cor,tlnulnq with the north line of sald Sharp Street and vIth saki curve to the, right.
an arc distance of 440.85 feet (Chord Bearing North 67 degrees 16 minutes 45 seconds
West. 429.95 feet) to a 5-8-Inch Iron rod with cap stamped 'RPLS 4838' (controlling
monument) found at the point of tangency'
THENCE North 14 degrees 15 minutes 26 seconds'✓Vest, controwing with the north Ilne of
said Sharp Street and south line of said 9.919 acre tract, a distance of 10.00 feet to a
5!8-Inch Iron rcxi with cap stamped 'RPLS 4838" found at the southwest corner of said
9.919 acre Iraq and being in the east line of East Finley Boulevard (80 toot Right-Of-VVT
arc! being on a non -tangent curve to the left. having a radius of 900.00 feet and a centra
angle of 14 degrees 30 minutes 26 secords'
THENCE with the east line of said East Finely Boulevard and the west liar: of said 9.919
acre tract and said curve to the left. an arc distance of 227.88 feet (Chord Bearing North 38
degrees 29 minutes 58 seconds East, 227.27 feet) to a V2-Inch Iron rod v,11tr1 crap stamped
' PJB SURVEYING' (herein after referred to as -with cap") set'
THENCE North 31 degrees 18 minutes 05 seconds East, continuing'xith the east line of
said East Finley Boulevard and the ,vest line of said 9.919 acre tract, a distance of 413.64
feet io a 1?2inch iron rod wile cap set at the northwest corner of said 9.919 acre tract anti
the southwest corner of Anna Crossing Villas, an addition to the City of Anna, recorded in
Instrument No, 2022010000334, O.P,R,C,C,T,,
THENCE South 47 degrees 41 minutes 46 seconds East, departing the east line of saki
East Finle" Boulevard and with the south line of said Anna Crossing Villas addition, a
distance off 415.17 feet to a S: B-Inch Iron rod with cap stamped 'RPLS 4838' found on a
nor -tangent curve to the left, havi:g a radius of 645.00 feet and a central angle of 34
degrees 26 minutes 23 seconds,
THENCE with the south line of said Anna Crossing Villas addition and said curve to the left,
an arc distance of 387.70 feel (Chord Bearing South 64 degrees 55 minutes 07 seconds
East. 381.89 feet'' to a 5i8-inch iron rod with cap stamped 'RPLS 4838' (controlling
monument) found'
THENCE South 82 degrees 08 minutes 18 seconds East, at a alstance of 69.22 feet
:;asslrlc a 5r8anch Iron rcxi with rap starnpe<i RPLS 4838'found at the northeast corner of
said 9.919 acre tract, and continuing 'Akh the south lire of said Anna Crossing Villas
addillon. a total dlstance of 263.42 feel to a 5;84nch Iron rod with cap stamped 'RPLS
4838"(controlling monument) found at the northeast corner of said 1.0% acre tract, being in
the west line of said Anna Crossing Phase 5 addition'
THENCE South C0 degrees 34 minutes 03 seconds'Plest, with the west line of said Anna
Crossing Phase 5 a,,Wilion and the east line of said 1,096 acre tract, a distance of 234.31
feet to the POINT OF BEGINNING and containing 11.0174 acres of land.
Impact Fee Reimbursement Agreement — Exhibit A
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Impact Fee Reimbursement Agreement — Exhibit A
Exhibit B-1
Breakdown of Roadway Construction Costs
OPINION OF PROBABLE CONSTRUCTION
COSTS
Jefferson at Anna Finetey - Anna, T1
Sharp Street Infrastructure Improvements
ATE:
10 11 2023
C HECKEDBY:
FS
ROJEC T NO.:
23-06
DESCRIPTION
QTY
1--IT
I- IT
EXTENDED
PAVING I SHARP STREET)
Barricades and Temp. Traffic Control
1
LS
55.000.00
S5.000
Remove Exist. 6" C'oncrete Curb
430
LF
SS.00
S3 440
Remove C'oucrete Sidewalk
10.900
SF
S<.00
S54.500
Remove C'rnrcrete Pavanenl
250
SY
S30.00
S 7.500
Full Depth Sawcut
680
EA
S5.00
S 3.400
S" Thick Reurforced Concrete Pavement
1325
SY
S140.00
S3'�. 00
S" (3- lbs SY) Lime Stabilized Subcracle
2.3'_
SY
S4.00
S9.300
Hydrated Lure Nbtenal
40
TV
S150.00
56.000
4" Thick Rcurforced Concrete Sidewalk
10.700
SF
SI100
S12S.400
Barrier FreeRtntp
5
EA
SIJ00.00
S12.500
C'omtect to Evsttn£ Pavenxnt
680
LF
S10.00
S6.S00
Unclassified Excavation (with Sharp Street Payut¢)
LOSS
(Y
S20.00
S21.700
Bermuda Grass Block Sodduw
1.525
SY
S9.00
S 13.725
Procure & htstall GC'EC' Street Li_eht Pole (midi Foundation)
I
EA
S10.000.00
$10.000
Irrigation Repair
1
LS
S5.000.00
55.000
Sigrtage & Stripung
I
LS
S5.000.00
S5.000
5W'PPP hilet Protection
1
LS
S5.000.00
S5.000
Mobilization
l
LS
S10.000.00
S10.000
PAVING SIB -TOTAL.
5632,765
STOR\I DRY
IS" C'L3ss III RC'P (Sharp Street)
40
LF
S 1'_5.00
S5.000
5' Ctrb hilet (Sharp Street)
2
EA
S5.000.00
S 10.000
RCP %Vve C'otutection
2
EA
S 750.00
S 1500
Trench Protection
40
EA
S7.00
S'SO
WInspection
40
EA
SI2.00
S4S0
STORM DRAIN SUB -TOTAL
WATER
6-mcit PVC Water Lute
20
LF
S60.00
S 1.200
12"x6" Cut hr Tee
2
EA
55.000.00
S 10.000
i_-inch Gate Valve
2
EA
S3.500.00
S7.000
6-mch Gate Valve
2
EA
51.500 00
S3.000
Dehver and Install Fire Hydrant
2
EA
S5.200.00
S 10.400
W.-tTER SIB -TOTAL.
S31.600
PA\LNG. DRAINAGE & \WATER -TOTAL
5631.625
ESTINUM*GC'ONTINGENCY n 15°o
$102.244
CIN71L ENGINEERING DESIGN FEE
S15.000
GRAND TOTAL.
S"9S.Sti9
Impact Fee Reimbursement Agreement - Exhibit B-1
Exhibit B-2
Roadway Impact Fee Reimbursement Property
Impact Fee Reimbursement Agreement — Exhibit B-2
EXHIBIT B-3
The Road Project
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EXHIBIT C-1
Breakdown of Roadway Construction Costs
RUMSEY c
CONSTRUCTION
Project: Jefferson Anna Finley
Location: Anna
Plan Date: Request
hange
Cote 10/25/2024
io.
to - Cescr:pt or
-in
:.
nit Price
CO-001 City Water Line and Bore Option lA
1
12" DP-18 WA-cr
LF
4`
S 87.00
2
12" CONN TO = ('STItJC-
cA
i
$ 2955.00
3
LAYOUT
LF
45
$ 2.5C
4
HAUL OFF
TCY
27
$ 28.00
5
8' BOP=
LF
85
CO-001 Option 1 A Subtotal
:xcludes cost of bore
Total
Inclusion Exclusions
Jefferson Anna Finley
Pe•mit Fee,. Inspection Fees. -ao =ees Irr,pact Fees --- -- - --___ __-_-------.-__-----
All Other City Fee: -
Maintenance Bonds -- -_�� _ __—_ —_---_--__ ____---____-------------------
Pe,'ormonce and 'oyment Bond —
Construction Stok;na
Density or Voterial 7es'ingNative Material Material `or Blackfiil
Adiust or Relocate Existing Utilities
Removal/Replacement of =ovinq ----- - -- ---- - -- -_____ __ ��--
Irigoticn Pepair / Installation
Topsoil or Top soiiirg
Reseeding. Sodding ^yd,cmulching, Restoration of Landscaping --- -- _- --- - -
POTS Quonn ies wiil be based o'f what is instolled per Unit
Proposal cased on one move n. Add S35C0'or each additional mobilization
existing utilities are riot shown and will ce an add if in conflict
Proposal adds 10 days to contract
Impact Fee Reimbursement Agreement - Exhibit C-1
Total
S3,Si5.00
$2. =55.00
S112.S0
$745.00
j7.727.So
So37.52
$8,365.02
: tided
no
no
add
add
add
no
yes
G
no
no
no
r o
EXHIBIT C-2
The Water Project
k
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1
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Impact Fee Reimbursement Agreement — Exhibit C-2