HomeMy WebLinkAboutRes 2020-05-733 Petition for improvement ETJPETITION FOR THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT
WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF ANNA,
TEXAS FOR THE SHERLEY TRACT PUBLIC IMPROVEMENT DISTRICT
This petition ("Petition") is submitted and filed with the City Secretary of the City of Anna,
Texas ("City"), by MM Anna 325, LLC (the "Petitioner"), the owner of approximately 290.887
acres of real property located within the proposed boundaries of the District, as hereinafter defined.
Acting pursuant to the provisions of Chapter 372, Texas Local Government Code, as amended (the
"Act"), the Petitioner requests that the City create a public improvement district (the "District"),
to include property located within the extraterritorial jurisdiction of the City (the "Property"), more
particularly described by a metes and bounds description in Exhibit A and depicted in Exhibit B.
In support of this Petition, the Petitioner would present the following:
Section 1. General Nature of the Authorized Improvements. The general nature of the
proposed public improvements (collectively, the "Authorized Improvements") may include: (i)
street and roadway improvements, including related sidewalks, drainage, utility relocation,
signalization, landscaping, lighting, signage, off-street parking and right-of-way; (ii) establishment
or improvement of parks and open space, together with the design, construction and maintenance
of any ancillary structures, features or amenities such as trails, playgrounds, walkways, lighting
and any similar items located therein; (ill) sidewalks and landscaping, including entry monuments
and features, fountains, lighting and signage; (iv) acquisition, construction, and improvement of
water, wastewater and drainage improvements and facilities; (v) projects similar to those listed in
subsections (i) - (iv) above authorized by the Act, including similar off -site projects that provide a
benefit to the property within the District; (vi) special supplemental services for improvement and
promotion of the districts (vii) payment of costs associated with operating and maintaining the
public improvements listed in subparagraphs (1) - (vi) above; and (viii) payment of costs associated
with developing and financing the public improvements listed in subparagraphs (i) - (vi) above,
and costs of establishing, administering and operating the District. These Authorized
Improvements shall promote the interests of the City and confer a special benefit upon the
Property.
Section 2. Estimated Cost of the Authorized Improvements. The estimated cost to design,
acquire, and construct the Authorized Improvements, together with bond issuance costs, eligible
legal and financial fees, eligible credit enhancement costs and eligible costs incurred in the
establishment, administration, and operation of the District, is $32,000,000.00. The City will pay
none of the costs of the proposed improvements from funds other than such assessments. The
remaining costs of the proposed improvements will be paid from sources other than the City or
assessments of property owners.
Section 3. Boundaries of the Proposed District. The District is proposed to include the
Property.
Sherley Tract PID Petition
Page 1
Section 4. Proposed Method of Assessment. The City shall levy assessments on each
parcel within the District in a manner that results in imposing equal shares of the costs on property
similarly benefited. All assessments may be paid in full at any time (including interest and
)rincipal), and certain assessments may be paid in annual installments (including interest and
principal). If an assessment is allowed to be paid in installments, then the installments must be
paid in amounts necessary to meet annual costs for those Authorized Improvements financed by
the assessment, and must continue for a period necessary to retire the indebtedness of those
Authorized Improvements (including interest).
Section 5. Proposed Apportionment of Costs between the District and the City. The City
will not be obligated to provide any funds to finance the Authorized Improvements, other than
From assessments levied on the District and possible tax increment reinvestment zone revenue. No
municipal property in the public improvement district shall be assessed. The Petitioner may also
pay certain costs of the improvements from other funds available to the Petitioner.
Section 6. Management of the District. The Petitioner proposes that the District be
managed by the City, with the assistance of a consultant, who shall, from time to time, advise the
City regarding certain operations of the District.
Section 7. The Petitioner Requests Establishment of the District. The persons signing this
Petition request the establishment of the District and are duly authorized to execute and deliver the
Petition.
Section 8. Advisory Board. The Petitioner proposes that the District be established and
managed without the creation of an advisory board. If an advisory board is created, the Petitioner
requests that a representative of the Petitioner be appointed to the advisory board.
Section 9. Landowner(s). This Petition has been signed by (1) the owners of taxable real
property representing more than 50 percent of the appraised value of taxable real property liable
for assessment under the proposal, as determined by the current roll of the appraisal district in
which the property is located; and (2) record owners of real property liable for assessment under
the proposal who: (A) constitute more than 50 percent of all record owners of property that is liable
for assessment under the proposal; or (B) own taxable real property that constitutes more than 50
percent of the area of all taxable real property that is liable for assessment under the proposal.
This Petition is hereby filed with the City Secretary of the City, or other officer performing
the functions of the municipal secretary, in support of the creation of the District by
the City Council of the City as herein provided. The undersigned request that the City Council of
the City call a public hearing on the advisability of the Authorized Improvements, give notice
thereof as provided by law and grant all matters requested in this Petition and grant such other
relief, in law or in equity, to which Petitioner may show itself to be entitled.
Sherley Tract PID Petition Page 2
RESPECTFULLY SUBMITTED, on this the 1 Z day of June, 2020.
PETITIONER:
MM Anna 3250.1.
a Texas limited liability company
By: MMM Ventures, LLC,
a Texas limited liability company
Its Manager
By: 2M Ventures, LLC,
a Delaware limited liability company
Its Manager
Name: Mehrdad Moayedi
Its: Manager
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the 1$ day of June, 2020 by Mehrdad
Moayedi, Manager of 2M Ventures, LLC, as Manager of MMM Ventures, LLC, as Manager of
AM Anna 325, LLC, a Texas limited liability company on behalf of said company.
""'� TREVOR KOLLINGER
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1�e�,Notary Public, State of Texe
W,rQ� Comm. Expires 01-05-2021
30950327
pF,s�,` Notary ID 1
Notary Public, State of Texas
Sherley Tract PID Petition
Metes and Bounds Description
Approximately 290.877 Acres
BEING that certain tract of land situated in the Z. Roberts Survey, Abstract Number 760, the J.
Boyle Survey, Abstract Number 105, the J.M. Kincade Survey, Abstract Number 509, and the J.
Ellet Survey, Abstract Number 296, Collin County, Texas, being all of that tract of land described
by deed to Jan Sherley Miller, Virgil A. Miller, and Marquin M. Payne, recorded in Instrument
Number 20110401000341650, Official Public Records, Collin County, Texas, being all of that
tract of land described by Deed to Jan Sherley Miller and Virgil Miller, recorded in Volume
1068, Page 507, said Public Records, and being a portion of that tract of land described by deed
to Jan Sherley Miller, recorded in Volume 2667, Page 671, said Public Records, and being more
particularly described by metes and bounds as follows:
BEGINNING at the most northerly northeast corner of said Miller and Payne tract recorded in
Instrument Number 20110401000341650*5
THENCE S 01 °39'27"E, 46.23 feet;
THENCE S 00°07'45"W, 239.62 feet;
THENCE S 00°02'S4"E, 240.98 feet;
THENCE S 00°16'10"W, 240.11 feet;
THENCE S 00°OS'15"W, 193.73 feet;
THENCE S 00009149"W, 159.37 feet;
THENCE S 03°07'30"W, 136.17 feet;
THENCE S 00°1All 8"W, 117.40 feet;
THENCE S 89°5111811E, 18.32 feet;
THENCE N 55045'18"E, 13.27 feet;
THENCE N 29020'54"E, 61.95 feet;
THENCE N 82059'12"E, 29.11 feet;
THENCE S 76048'02"E, 38.97 feet;
THENCE N 81 °31'02"E, 42.52 feet;
THENCE N 64056'10"E, 12.15 feet;
THENCE S 30°32'08"E, 25.22 feet;
THENCE S 00°1415W, 13.28 feet;
THENCE S 32°18S8E3 21.36 feet;
THENCE S 78°0720E, 14.66 feet;
THENCE N 10°26'29"E, 17.31 feet;
THENCE N 53°35'10"E, 21.88 feet;
THENCE N 78°49'S8"E5 15.44 feet;
THENCE S 57°06'S9"E, 24.14 feet;
THENCE S 41°22'42"E, 62.38 feet;
THENCE S 01 ° 13'29"E, 28.82 feet;
THENCE S 00°45'46"W, 119.18 feet;
THENCE S 88°56'22"E, 602.59 feet, to the northeast corner of said Miller and Payne tract
recorded in Instrument Number 20110401000341650 and being the northwest corner of
aforementioned Miller tract recorded in Volume 2667, Page 671;
THENCE N 89°49'S1 "E, 933.16 feet;
THENCE N 89°46'06"E, 488.86 feet, passing the northeast corner of said Miller tract and being
the northwest corner of aforementioned Miller tract recorded in Volume 1068, Page 507;
THENCE S 03023135"E, 989.07 feet, to the beginning of a curve to the right;
THENCE with said curve to the right, an arc distance of 277.01 feet, tluough a central angle of
38°31'S4", having a radius of 411.91 feet, the long chord which bears S 15°52'22"W, 271.82 feet;
THENCE S 35°08'1911111, 286.03 feet;
THENCE S 06006'41 "W, 811.64 feet;
THENCE S 89056'10"W, 1154.19 feet, to the southwest corner of the aforementioned Miller
tract recorded in Volume 2667, Page 671;
THENCE N 00010'5611E, 232.21 feet, to the southeast corner of the aforementioned Miller and
Payne tract recorded in Instrument Number 20110401000341650;
THENCE S 89009'27"W, 794.06 feet;
THENCE S 89039'13"W, 1753.66 feet;
THENCE S 89055'39"W, 746.70 feet;
THENCE S 89°51'39"W, 315.81 feet;
THENCE S 89°0941 "W, 111.58 feet, to the most southerly southwest corner of said Miller and
Payne tract;
THENCE N 20°1035E, 140.94 feet;
THENCE N 55°00'S9"E, 55.72 feet;
THENCE N 65°08'S5"E, 164.54 feet;
THENCE N 24°07'01 "E, 75.15 feet;
THENCE N 08°28'12"E, 68.74 feet;
THENCE N 18°33'24"E, 30.27 feet;
THENCE N 39°07'19"E, 204.32 feet;
THENCE N 15°58'26"E, 96.33 feet;
THENCE N 51 °42'39"E, 216.49 feet;
THENCE N 10°14'20"E, 39.18 feet;
THENCE N 16°20'38"W, 43.77 feet;
THENCE N 25°38'17"W, 56.21 feet;
THENCE N 30°23'S1 "W, 42.71 feet;
THENCE N 300571S6"W, 141.18 feet;
THENCE N 220041S6"W, 112.22 feet;
THENCE N 08032118"W, 237.53 feet;
THENCE N 21021'56"W, 73.37 feet;
THENCE N 12045'32"W, 39.65 feet;
THENCE N 04005'51 "E, 114.57 feet;
THENCE N 05037'47"E, 102.03 feet;
THENCE N 20012'S0"E, 61.91 feet;
THENCE N 15056'54"E, 37.72 feet;
THENCE N 10049'32"E, 87.03 feet;
THENCE N 23029101"E, 238.46 feet;
THENCE N 60°08'36"E, 217.24 feet;
THENCE N 40°3612E, 97.96 feet;
THENCE N 22°5402E, 117.90 feet;
THENCE N 54°18'35"E, 58.08 feet;
THENCE N 42°30'22"E, 62.53 feet;
THENCE N 22°13'30"E, 121.36 feet;
THENCE N 31°23'35"E, 106.80 feet;
THENCE N 24°37'O1 "E, 76.66 feet;
THENCE N 08°41'S0"W, 134.21 feet;
THENCE N 30°06'30"E, 75.08 feet;
THENCE N 66°06'02"E, 55.48 feet;
THENCE N 52° 19'07"E, 141.40 feet;
THENCE N 18°14'45"E, 95.78 feet;
THENCE N 43°56'12"E, 420.59 feet;
THENCE N 28°03'26"E, 46.51 feet;
THENCE N 040 161S6"E, 105.49 feet, to the northwest corner of the aforementioned Miller and
Payne tract recorded in Instrument Number 20110401000341650;
THENCE N 89036140"E, 276.78 feet;
THENCE N 89°54'11 "E, 938.53 feet to the Point of Beginning and containing 12,670,595
square feet or 290.877 acres of land more or less.
"This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground
survey, and is not to be used to convey or establish interests in real property except those rights and
interests implied or established by the creation or reconfiguration of the boundary of the political
subdivision for which it was prepared."
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