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HomeMy WebLinkAboutCCpkt 2017-10-10YMUR.} HOMETOWN AGENDA City Council Work Session Tuesday, October 10, 2017 @ 6:30 PM Anna City Hall, Council Chambers 111 N. Powell Parkway, Anna, Texas 75409 The City Council of the City of Anna will meet in Work Session at 6:30 PM, on October 10, 2017, at the Anna City Hall, Located at 111 North Powell Parkway (Hwy 5), to consider the following items. 1. Call to Order, Roll Call and Establishment of Quorum 2. Presenation/Discussion regarding proposal to repurpose the old railroad depot at Sherely Park. (Maurice Schwanke) 3. CLOSED SESSION (EXCEPTIONS) Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); discuss ethics code. b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of-way, easements, and land for parks and municipal facilities. c. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City Manager annual review. The Council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 4. Consider/Discuss/Action on any items listed on any agenda —work session, regular meeting, or closed session —that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. (If there is no need to address any other such agenda item, the Mayor shall adjourn this meeting). 5. Adjourn. There being no further business before the Council, we will consider this meeting adjourned at p.m. This is to certify that I, Carrie L. Smith, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m. on 6th day of October 2017. Carrie L. Smith, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. Item No. 2. City Council Agenda Staff Report Meeting Date: 10/10/2017 y€OW HOMETOWN AGENDA ITEM: Presenation/Discussion regarding proposal to repurpose the old railroad depot at Sherely Park. (Maurice Schwanke) �YIJ Ji I Lyi I_1 WA The Anna Area Historical Preservation Society has been contemplating a project to restore the Anna Original Train Depot. The depot is currently located west of an extension of Harper Dr. and South of an extension of Fourth Street. The proposed location for the depot would be on the site where the small ball field know as Sherley Field exists today. This idea was presented to the Anna Park Board several months ago and has been recommended as a location for the Depot. Sherley Field is a small facility and is not sized adequately for sanctioned play. It has only been used for practice purposes. Adequate facilities are available at Slayter Creek Park to handle sanctioned games and practices. At Slayter Creek Park, adequate parking and lighting is available for games and practices especially since the Anna I S D no longer uses the fields. Since the time the Park Board met, the Historical Society has been working on details to relocate the train depot to Sherely Park. Plans for the interior of the Depot include a model train diorama, a model of the original downtown (two thirds of which is already built), and historical pictures with explanations of the history of Anna. It is anticipated that once the building is moved and renovated that it will be given to the City with a long-term lease agreement with the Historical Society to run the day to day activities within the facility. Other improvement to the park would be a statue of Collin McKinney, several box cars on rails beside the depot, and potentially a pavilion with restrooms on the eastern part of the tract. The Historical Society has received several grants from Collin County. The first grant received provided funding for a replacement roof. The second grant is to help defray the cost of moving the depot which would need to happen prior to the end of the year. James West, the architect for the Historical Society has prepared several site development drawings for this endeavor. Phase 1 of the project would be to install 26 piers that terminate at ground level. The depot would then be blocked up using CMU's to level. Future piers would be full height to support the walkways around the structure to bring the height to authentic levels. Staff will further brief the Council in this proposal during the meeting. STAFF RECOMMENDATION: No formal Council action is required at this time, however, we are seeking Council direction regarding moving forward with this proposal. ATTACHMENTS: Description Upload Date Type Elevation 10/4/2017 Exhibit Preliminary Site Plan 10/4/2017 Exhibit Building Plan 10/4/2017 Exhibit Building elevations 10/4/2017 Exhibit Depot Roof Plan 10/4/2017 Exhibit Depot Foundation Plan 10/4/2017 Exhibit r HERLEYAVENUE. COLLIN MCKINNEY SCULPTURE Z°' 0 o� �a z oa F— uj r Z 0 Q U) ZW z -- W a r W F— w W Q-� Z5 Z° Q�. TACARCHITECTURE AND PLANNING JAMES T. WEST, ARCHITECTAND PLANNER P.O. BOX 806 MCKiNNEY, TEXAS 75070 tao75070CcDtx.rr.com I vl l L. f- L -%IV N.T.S. 1 PLAN I r DIAM. BLACK PAINTED STEEL SAFETY RAIL WITH : K PAINTED STEEL NEWELS AT 8'-0" O.C. WOVEN WIRE CABLES CONT. AT 4° O.C. VERT. WINDOW SCHEDULE WINDOW DESCRIPTION REMARKS(E = EXISTING RESTORED) DOOR SCHEDULE DOOR DESCRIPTION TYPE REMARKS (E = EXIST'G RESTORED) Z 0W r �QQ w I..L.. z Z� z Oa r� r / W Z .O Q v/ Z z W Q Q r J _Lu W co ZT z O co TE TACARCHITECTURE AND PLANNING JAMES T. WEST, ARCHITECT AND PLANNER PO. BOX 806 MCKINNEY, TEXAS 75070 tao75070(Dtx.mcom A WEST ELEVATION. 3/8"=1'-0" ,. 4 EAST E L EVAT I O I 2 NORTH ELEVATION 3/8"=1'-0" 3 SOUTH ELEVATION 3/8"=1'-0" z 08 O .0 Z a ,w Z- ,,O LL z _ Lij IY IL n Z:D. r�. z O r T TACARCHITECTURP.AND PLANNING JAMEST. WEST, ARCHITECT AND PLANNER P.O. BOX 806 MCKINNEY, TEXAS 75070 tao75070[ bc.rr.corn VERIFY EXISTING FRAMING AT ROOF AND SUPPLEMEI AS NEEDED FOR 2X TRUSS/JOIST FRAMING AT 2' O.C. i f 1 ROOF PLAN N.T.S. TE: REMOVE EXISTING WOOD SHINGLES D RESHEATH WITH 5/8" FOIL FACED PLYWD. D 15 POUND FELT UNDER 25 YEAR GAF 3 3 SLATE FIBERGLASS SHINGLE ROOF WITH GA. GALVANIZED STEEL FLASHINGS AT SONRY CRIB CHIMNEY TACARCHITECTURE AND PLANNING JAMES T. WEST, ARCHITECTAND PLANNER P.O. BOX 806 MCKINNEY, TEXAS 75070 tao7507OCcDtx. rr. com A3' I i a Ilk .jai.. k--j m, � � I .�, 4-1IF T'S/ . - D ET..2.1 /A4 D ET. 2.2/A4 D ET. 2.3/A4 112"=1'-0" 1 /2"=1'-a" 1 /2"=1'-0" 1'1 zNr o oc LU — Q v Z /IA(r -� 1 �T.i® SPr N C W [T, re D ET. 3.1 /A4 D ET. 3.2/A4 D ET.3.3/A4 z 1/2"=1'-0" 1/2"=1'-0" 1/2"=1'-0" O LU ! •,���oi Z a � z� 2}-�2.�r�•yr A,�� ,� � W w N OWN\� _ N iNCpiVL� D ET.4.1 /A4 D ET. 5/A4 aC co 1/2 -1-a 1/2"=1'-0" Z D zo. 4 s;1 t TACARCHITECTURE AND PLANNING JAMES T. WEST, ARCHITECT AND PLANNER P.O. BOX 806 MCKINNEY TEXAS 75070 tao750700-tx.rr.com i A Y{ouR}xoMET WN AGENDA Regular City Council Meeting Tuesday, October 10, 2017 @ 7:30 P M Anna City Hall, Council Chambers 111 N. Powell Parkway, Anna, Texas 75409 The City Council of the City of Anna will meet in Regular Session at 7:30 PM, on October 10, 2017, at the Anna City Hall, Located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a record of attendance. If you wish to speak on an open -session agenda item, please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order, Roll Call and Establishment of Quorum. 2. Invocation and Pledge of Allegiance. 3. Citizen Comments. Citizens are allowed three minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. a. Proclamation for Dyslexia Awareness Month. 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve meeting minutes from the September 26, 2017 meeting. b. Resolution requesting Greater Texoma Utility Authority to take action to provide for refinancing and discharge of certain contract revenue bonds. (Dana Thornhill) C. Resolution approving a final plat of Camden Parc Phase 2. (Maurice Schwanke) d. Resolution approving a Subdivision Improvement Agreement for Camden Parc, Phases 2-4. (Maurice Schwanke) e. Resolution authorizing an extension of the existing Franchise Agreement with Atmos Energy. (City Manager) 6. Briefing/Discussion regarding the City's bonding capacity for municipal facilities. (Dana Thornhill) 7. Briefing/Discussion regarding the Updated Facility Needs Assessment. (City Manager) 8. Conduct a public hearing and take action on an Ordinance amending the the Comprehensive Plan and Thoroughfare Master Plan for the area generally east of F.M. 2862 and between the Sam Rayburn Memorial Highway and Graybill. (Maurice Schwanke) 9. Consider/Discuss/Action regarding a Resolution approving a development plat of the LG Motorsports Park Addition, Phase 2. (Maurice Schwanke) 10. Conduct a public hearing and take action on a Resolution approving a replat of The Falls, Phase 1 A, Lot 20R-1, Block D. (Maurice Schwanke) 11. Conduct a public hearing on an Ordinance changing the zoning district designation from Agricultural (AG) to Planned Development (PD) on a 10.25 tract of land located on part of lot 1 of the Anna ISD Addition, requested by the Anna Independent School District. (Maurice Schwanke) 12. Consider/Discuss/Action regarding an Ordinance amending Part I I I-B of the Code of Ordinances (Design Standards), Section 2 (Streets), by adding a new subsection 2.12 (d) regarding subgrade material in certain fire lanes. (Joseph Johnson) 13. Consider/Discuss/Action regarding a Resolution approving the design of a community brand, authorizing an agreement to complete and finalize the community brand, authorizing contingency appropriation, and authorizing the implementation of the new brand throughout the city. (Jessica Perkins) 14. CLOSED SESSION (EXCEPTIONS) Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); discuss ethics code. b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of-way, easements, and land for parks and municipal facilities. C. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City Manager annual review. The Council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 15. Consider/Discuss/Action on any items listed on any agenda —work session, regular meeting, or closed session —that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. (If there is no need to address any other such agenda item, the Mayor shall adjourn this meeting). 16. Adjourn. There being no further business before the Council, we will consider this meeting adjourned at p.m. This is to certify that I, Carrie L. Smith, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m. on 6th day of September 2017 Carrie L. Smith, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. AGENDA ITEM: Proclamation for Dyslexia Awareness Month. SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description Dyslexia Awareness Month Proclmation Item No. 4.a. City Council Agenda Staff Report Meeting Date: 10/10/2017 Upload Date Type 10/3/2017 Backup Material eitp of Anna, Texaz Proclamation WHEREAS, dyslexia is one of the most common learning disabilities affecting Texans; and WHEREAS, this lifelong disorder can be a detriment to a child's education or an adult's professional development by inhibiting interpretation of spoken and written language; and WHEREAS, with a proper diagnosis, individuals can be taught appropriate, systematic and structured methods of learning that enable them to excel in their school and work environments; and WHEREAS, the dedication and understanding of family, teachers and coworkers can greatly help those with dyslexia achieve success; and WHEREAS, to raise awareness of this learning disability, October has been designated Dyslexia Awareness Month; and WHEREAS, it is vital to communicate the importance of an early diagnosis and to provide the necessary assistance and guidance to those affected by dyslexia; THEREFORE, I Justin Burr, Mayor Pro-tem of City of Anna do hereby proclaim October 2017 to be Dyslexia Awareness Month in the City of Anna, and encourage all citizens of our community to learn more about dyslexia, and to recognize the efforts of parents, teachers and other professionals who assist individuals with dyslexia. In witness, whereof I have hereunto set my hand this loth day of October, 2017 and called this seal to be affixed. Justin Burr, Mayor Pro-Tem AGENDA ITEM: Approve meeting minutes from the September 26, 2017 meeting. SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description Minutes Item No. 5.a. City Council Agenda Staff Report Meeting Date: 10/10/2017 Upload Date Type 10/5/2017 Exhibit ANNA CITY COUNCI L MINUTES WORK SESSION September 26, 2017 The City Council of the City of Anna met in Work Session on the above date at Anna City Hall, located at 111 North Powell Parkway (Hwy 5), to consider the following items. 1. Call to Order, Roll Call and Establishment of Quorum Mayor Pro Tern Burr called the meeting to order at 6:32 p.m. All Members were present. 2. Briefing/Update/Discussion regarding the community brand project. (Jessica Perkins and Council Branding Committee) 3. Briefing/Discussion regarding Debt Refunding/Refinancing (Dana Thornhill) 4. CLOSED SESSION (EXCEPTIONS) Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071) b. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); discuss proposed development in CDC business park. c. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City Manager annual review. MOTION: Council Member Bryan moved to enter closed session. Council Member Miller seconded. Motion carried 5-0. Mayor Pro Tern Burr recessed the meeting at 7:20 p.m. Mayor Pro Tern Burr reconvened the meeting at 7:32 p.m. The Council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 5. Consider/Discuss/Action on any items listed on any agenda —work session, regular meeting, or closed session —that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. MOTION: Council Member Beazley moved to take no action. Council Member Bryan seconded. Motion carried 5-0. 6. Adjourn. There being no further business before the Council, we will consider this meeting adjourned at p.m. Mayor Pro Tern Burr adjourned the meeting at 7:33 p.m. Approved on the 10th day of October, 2017. Mayor Pro Tern Justin Burr ATTEST: City Secretary Carrie L. Smith ANNA CITY COUNCI L MINUTES REGULAR SESSION September 26, 2017 1. Call to Order/Roll Call and Establishment of Quorum Mayor Pro Tern Burr called the meeting to order at 7:33 p.m. All Members were present. 2. Invocation and Pledge of Allegiance. Mayor Pro Tern Burr led the pledge. Council Member Beazley led the invocation. 3. Citizen Comments. Citizens are allowed three minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. William Morgan - opposed the proposed logo. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. a. Proclamation for the 2017 National Community Planning Month Mayor Pro Tern Burr read and presented the Proclamation to Maurice Schwanke, proclaiming October as Community Planning Month. b. Proclamation for National Fire Prevention week. Mayor Pro Tern Burr read and presented the Proclamation to Chief Gothard, proclaiming October 8th through 14th as National Fire Protection Week. Chief Jenks noted October 3, 2017 is National Night Out and events will be held at Slayter Creek Park. 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. Items e. and f. were removed from the consent agenda. MOTION: Council Member Miller moved to enter executive session. Council Member Martinez seconded. Motion carried 5-0. Mayor Pro Tern Burr recessed the meeting at 7:47 p.m. in accordance with: Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071) Mayor Pro Tern reconvened the open meeting. City Attorney McCoy noted for the record it was not an appropriate closed session item and the meeting was reconvened. a. Approve Council Meeting Minutes for September 12, 2017. b. Review the June 26, 2017 and July 17, 2017 Parks Advisory Board Meeting Minutes. (Maurice Schwanke) C. Review minutes of the CDC meeting from August 3, 2017. (Jessica Perkins) d. Review minutes of the EDC meeting from August 3, 2017. (Jessica Perkins) MOTION: Council Member Bryan moved to approve consent items a - d.. Council Member Beazley seconded. Motion carried 5-0. e. Resolution approving an I nterlocal Agreement with the North Central Texas Council of Governments (NCTCOG) for the use of 2017 aerial photography. (Maurice Schwanke) MOTION: Council Member Martinez moved to approved. Council Member Bryan seconded. Motion carried 5-0. f. Resolution amending Authorized Representatives for the TexPool Participant Services. (Dana Thornhill) MOTION: Council Member Martinez moved to approve. Council Member Beazley seconded. Motion carried 5-0. 6. Consider/Discuss/Action regarding a Resolution authorizing a Master Lease Agreement for the lease of City vehicles and a Full Maintenance Agreement for fleet management services with Enterprise Fleet Management. (Dana Thornhill) MOTION: Council Member Beazley moved to table. Council Member Bryan seconded. Motion carried 5-0. 7. Consider/Discuss/Action regarding a Resolution approving a Subdivision Improvement Agreement for Camden Parc, Phases 2-4. (Maurice Schwanke) MOTION: Council Member Beazley moved to approve. Council Member Miller seconded. Motion carried 5-0. 8. Consider/Discuss/Action regarding an ordinance amending Ordinance No. 748-2017 (Management of Public Rights -of -Way) and establishing a revised ordinance for Public Right -of -Way Management. (Joseph Johnson) MOTION: Council Member Martinez moved to approve. Council Member Bryan seconded. Motion carried 5-0. 9. Briefing/Discussion regarding a proposed Interlocal Agreement with the Anna ISD for use of parking at Slayter Creek Park. (Maurice Schwanke). Discussion only. 10. CLOSED SESSION (EXCEPTIONS) Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City Manager annual review. b. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071) C. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); discuss proposed development in CDC business park. MOTION: Council Member Bryan moved to enter closed session. Council Member Miller seconded. Motion carried 5-0. Mayor Pro Tem Burr recessed the meeting at 8:26 p.m. Mayor Pro Tem Burr reconvened the meeting at 9:43 p.m. 11. Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary MOTION: Council Member Bryan moved to take no action. Council Member Miller seconded. Motion carried 5-0. 12. Adjourn. Mayor Pro Tem Burr adjourned the meeting at 9:45 p.m. Approved on the 10th day of October, 2017. Mayor Pro Tem Justin Burr ATTEST: City Secretary Carrie L. Smith Item No. 5.b. City Council Agenda Staff Report Meeting Date: 10/10/2017 y€OW HOMETOWN AGENDA ITEM: Resolution requesting Greater Texoma Utility Authority to take action to provide for refinancing and discharge of certain contract revenue bonds. (Dana Thornhill) SUMMARY: Staff has been working with the City's financial advisors, First Southwest, on the refunding and refinancing of certain Greater Texoma Utility Authority (GTUA) Contract Revenue Bonds. These bonds were issued to provide an additional supply of water, water supply facilities, to provide sanitary sewer collection, and treatment facilities for use by the City. Staff and First Southwest have determined it is in the City's best interest to refund/refinance and restructure certain GTUA Anna Project Bonds. The City will then issue City of Anna Combination Tax and Revenue Refunding Bonds in order to provide funds for the discharge and payment of the GTUA Bonds. The attached Resolution requests that GTUA to take all necessary action for the payment and discharge of the GTUA Contract Bonds listed in Exhibit A. The Resolution further authorizes and directs staff take such actions and to execute and deliver such documents as necessary or appropriate to consummate the transaction authorized by the Resolution. STAFF RECOMMENDATION: Staff recommends approval of the attached resolution requesting GTUA to take action to provide for the refinancing and discharge of certain GTUA Contract Revenue Bonds. ATTACHMENTS: Description Upload Date Type Resolution GTUA Contract Revenue Bonds 10/4/2017 Staff Report Exhibit A 10/4/2017 Staff Report Certificate of Resolution 10/4/2017 Staff Report CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS REQUESTING GREATER TEXOMA UTILITY AUTHORITY TO TAKE ACTION TO PROVIDE FOR REFINANCING AND DISCHARGE OF CERTAIN CONTRACT REVENUE BONDS WHEREAS, the City of Anna, Texas (the "City") and Greater Texoma Utility Authority ("GTUA") entered into that certain Amended and Restated Contract for Water Supply and Sewer Service, dated as of April 17, 2006 (the "Contract"); WHEREAS, WHEREAS, pursuant to the Contract, GTUA agreed to issue bonds ("GTUA Bonds") secured by payments from the City under the Contract to provide an additional supply of water and certain water supply facilities and to provide certain sanitary sewer collection and treatment facilities (the "Projects") for use by the City; WHEREAS, this City Council hereby finds and determines that it is necessary and in the best interest of the City to provide for the discharge of certain of the GTUA Bonds and thereby restructure the City's payments for the costs of the Projects; WHEREAS, the City intends to issue its City of Anna, Texas, Combination Tax and Revenue Refunding Bonds, Series 2017 (the "Series 2017 Bonds") in order to provide funds for the discharge and final payment of such GTUA Bonds; and WHEREAS, it is hereby officially found and determined that the meeting at which this Resolution was considered was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated. The recitals set forth in the preamble hereof are incorporated herein and shall have the same force and effect as if set forth in this Section. Section 2. Acknowledgement of Redemption. The City hereby requests GTUA to take all necessary action to provide for the payment and discharge of the GTUA Bonds described in Exhibit A attached hereto, including calling such GTUA Bonds for redemption and providing for the giving of notice of redemption, upon provision being made by the City for the deposit and payment of all amounts necessary for such payment and discharge, and conditioned upon the successful sale and delivery by the City of the Series 2017 Bonds. Section 3. Authorization. RES. PAGE 1 OF 2 The officers and employees of the City are hereby authorized and directed to take such actions and to execute and deliver such documents as necessary or appropriate to consummate the transaction authorized by this resolution, including such notices as may be necessary to be provided to GTUA and to provide such information and notices necessary for GTUA to take the actions for the discharge and redemption of the GTUA Bonds. Section 4. Approval of Resolution. This Resolution shall be effective immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 10th day of October, 2017. ATTESTED: Carrie L. Smith, City Secretary APPROVED: Justin Burr, Mayor Pro Tern RES. PAGE 2 OF 2 EXHIBIT A GTUA Bonds to be Refinanced 1. Greater Texoma Utility Authority Contract Revenue Refunding Bonds, Series 2005 (City of Anna Project), dated as of December 15, 2005 2. Greater Texoma Utility Authority Contract Revenue Bonds, Series 2007-A (City of Anna Project), dated as of February 15, 2007 3. Greater Texoma Utility Authority Contract Revenue Bonds, Series 2007-B (City of Anna Project), dated as of August 15, 2007 4. Greater Texoma Utility Authority Contract Revenue Bonds, Series 2007-C (City of Anna Project), dated as of August 15, 2007 5. Greater Texoma Utility Authority Contract Revenue Bonds, Series 2008 (City of Anna Project), dated as of June 1, 2008 CERTIFICATE FOR RESOLUTION THE STATE OF TEXAS COUNTY OF COLLIN CITY OF ANNA I, the undersigned officer of said City, hereby certify as follows: 1. The City Council of said City convened in Regular Meeting on October 10, 2017, at the City Hall, and the roll was called of the duly constituted officers and members of said City Council, to -wit: Justin Burr, Mayor Pro Tern Lee Miller, Deputy Mayor Pro Tern Rene Martinez, Councilmember John Beazley, Councilmember Nathan Bryan, Councilmember Vacancy Vacancy and all of said persons were present, except , thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, REQUESTING GREATER TEXOMA UTILITY AUTHORITY TO TAKE ACTION TO PROVIDE FOR REFINANCING AND DISCHARGE OF CERTAIN CONTRACT REVENUE BONDS was duly introduced for the consideration of said City Council and read in full. It was then duly moved and seconded that said Resolution be passed; and, after due discussion, said motion carrying with it the passage of said Resolution, prevailed and carried by the following vote: AYES: NOES: 2. That a true, full and correct copy of the aforesaid Resolution passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Resolution has been duly recorded in said City Council's minutes of said Meeting; that the above and foregoing paragraph is a true, full and correct excerpt from said City Council's minutes of said Meeting pertaining to the passage of said Resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of said City Council as indicated therein; that each of the officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the aforesaid Meeting, and that said Resolution would be introduced and considered for passage at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose, and that said Meeting was open to the public and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code. SIGNED AND SEALED this Carrie Smith, City Secretary [CITY SEAL] Item No. 5.c. City Council Agenda Staff Report Meeting Date: 10/10/2017 y€OW HOMETOWN AGENDA ITEM: Resolution approving a final plat of Camden Parc Phase 2. (Maurice Schwanke) SUMMARY: DR Horton has submitted an application for approval of a final plat of the Camden Parc Phase 2 Subdivision. The Camden Parc Phase 2 final plat contains 81 residential lots on 23.42 acres of land located in the J.C. Brantley Survey, Abstract No. 114. Engineering plans have been approved for the required infrastructure. The plat is in conformance with the existing zoning and the approved preliminary plat. STAFF RECOMMENDATION: Staff is recommending approval of the final plat. ATTACHMENTS: Description Resolution Exhibit 1, Camden Parc Phase 2 Plat page 1 Exhibit 1, Camden Parc Phase 2 Plat page 2 Drainage Letter Location Map Upload Date Type 10/4/2017 Resolution 9/29/2017 Exhibit 9/29/2017 Exhibit 9/29/2017 Exhibit 9/22/2017 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A FINAL PLAT OF CAMDEN PARC PHASE 2. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, DR Horton has submitted an application for approval of a final plat of the Camden Parc Phase 2 Subdivision; WHEREAS, The Final Plat of Camden Parc Phase 2 conforms to the Preliminary Plat of Camden Parc; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Final Plat The City Council hereby approves the final plat of Camden Parc Phase 2 attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 10t", day of October, 2017. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor Pro Tem, Justin Burr 0 • Heam Ln. • 5} I YK I � r _I � 42fi I � ' I Ilst SITE 0— - -' Charksron Or I 00 CAM +5 6flt,erv4ir ® o SITE ==T l +; I - ----'"• di5 Servi ire_.' ,Anna High school _%; K' H+°sem°nd Pk,, } Elm -Grove _ �• r 7A If mayrer Creek P" 44 I I VICINITY MAP NOT TO SCALE GENERAL NOTES: 1. ALL CORNERS ARE MARKED WITH CAPPED 112" IRON RODS STAMPED "KAZ" UNLESS OTHERWISE NOTED. 2. FLOOD STATEMENT: I HAVE REVIEWED THE F.E.M.A. FLOOD INSURANCE RATE MAP FOR THE CITY OF ANNA, COMMUNITY NUMBER 480132 EFFECTIVE DATE 6-2-2009 AND THAT MAP INDICATES AS SCALED, THAT THIS PROPERTY IS WITHIN "NON -SHADED ZONE X" DEFINED AS "AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOOD (500-YEAR)" AS SHOWN ON PANEL 160 J OF SAID MAP. 3. THE PURPOSE OF THIS FINAL PLAT IS TO CREATE 81 RESIDENTIAL LOTS AND 2 X LOTS. 4. A 6' HIGH MASONRY FENCE AND AN B' WIDE SIDEWALKlTRAIL REQUIRED ALONG LINDSEY LANE. 5. 10' UTILITY EASEMENT TO BE PLATTED ALONG ALL STREET R.O.W.(S) 6. NO DRIVEWAY ACCESS WILL BE ALLOWED ONTO EXISTING OR FUTURE COUNTY ROAD 376 FROM RESIDENTIAL LOTS 1-5, BLOCK A, LOTS 39-40, BLOCK B 7. NO LOT -TO -LOT DRAINAGE WILL BE ALLOWED. 8. ALL STREET R.O.W.(S), RETAINING WALLS AND LOT 1X (DRAINAGE POND) TO BE MAINTAINED BY HOAIPID. 9. 10' SCREEN WALL & LANDSCAPE EASEMENT ALONG LINDSEY LANE R.Q.W. WILL BE MAINTAINED BY HOA. 10. RETAINING WALLS SHALL NOT BE MAINTAINED BY THE CITY OF ANNA. 11. A WAIVER TO EXCEED THE CITY OF ANNA CUL-DE-SAC LENGTH FOR LUPTON STREET IS BEING REQUESTED. 12. ACCESS THIS PHASE CONTINGENT UPON ACCEPTANCE OF PHASE 1 BY THE CITY OF ANNA. LINE TABLE LINE TABLE LINE BEARING DISTANCE L1 N 6204342" E 18.91' L2 N 27030153" W 51.66' L3 S 47040'18" W 18.31' L4 N 27030'53" W 58.14' L5 N 49039'01" W 19.40' L6 N 2202942" E 10.84' L7 S 88008'42" E 21.79' L8 N 0105100" E 60.18' L9 S 1901614" W 38.46' L10 S 01026'12" E 21.29' L11 N 88015'54" W 47.88' L 12 N 01 044'06" E 25.00' L13 S 20°10'56" E 7.18' L 14 S 28014'52" W 12.97' L15 N 67047'15" E 25.00' 1 LINE BEARING DISTANCE L16 N 78042'28" E 437.78' L 17 S 11 ° 17'48" E 20.00' L18 S 78042'28" W 437.78' CURVE TABLE 167.19 ACRES I HILL LAND ACQUISITIONS OF TEXAS LP PROPOSED I VOL. 5784, PG. 1760I NORTHPOINTE CROSSING W I ' 10 9 g 7 + D.R. .C.T. 4 PH7E 1-SOUTH ¢ A TRACT OF LAND DESCRIBED IN A DEED TO LOT 1 LOT 2 6 5 3 I 2 1 II KEVIN LUONG COLLIN COUNTY ESTATES BLOCK EE C.C.'S FILE NO. 20110803000810210 (UNRECORDED) COLLIUNRECOR ED)ATES ( COLLIN COUNTY ESTATES + LOT 4 LOT 5 W O U I D.R.C.C.T. (UNRECORDED) COLLIN COUNTY ESTATES I (UNRECORDED) COLLINCOUNTYESTATES Lot j Q ❑ Z Augustine J. Lisa! Collin CountyEstates (Unrecorded) N 1.527 Acres COUNTY ROAD 376 Z " Q CC File No. 96-0032196 SHARON J. VAN LIEW INST. NO. GLYNDA L. YOUNG poweretream Real Estate (80' ROM 30' S.S.E. INST. N0. 20 �_ _ f D.R.C.C.T. 20060417000505180 CC FILE NO.96-84788 CAROLYN Y. MATTHEWS D.R.C.C.T. CC FILE NO.96-84788 PAUL L. LINDSEY Dennis Whitehead ❑ Partners LP Vol. 6044, Pg. 2931 ANNA CITY LIMITS Ca .C.C.T000563110 I - `I D.R.C.C.T. D.R.C.C.T. D.R.C.C.T. VOL. 6717, PG. 4486 D.R.C.C.T. CC File No. 96-84789 D.R.C.C.T. � � D.R.C.C.T. O CAP/IRS ° , „ , s $8 os oa 422 1 U LINDSEY LANE WIN I CAP/IRS —171.14'---50' GAS PIPELINE ESMT - \N POC 0J0 88°09'00 W VOL.6054 PG. 6159 — (� �1V S.S.E. FORCE MAIN I - 50' GAS PIPELINE ESMT. VOL. 6064, PG. 6159 D.R.C.C.T. 33.23 CAP/IRS L7 S 88°2T34" E .....\ L6 �y �,�\�� D.R T. �r C I O 20160509D0 CAP/IRS..NST. N 0563110 D.R.C.C.T. \ (SEE DETAILS) ANNA CITY LIMITS " ` 12 IRF BO50' G N \ AS PIPELINE ESUIT. \ 4 I 3 2 1 y u� VOL. 6064, PG. 6159 m 40 39 15' w.E. 18 cD P. 17 o W D.R.c.c.T. / 19 13,500 SF ry v 5 `'�r� 16,743 SF `!� �9,181 SF 03 4 16 37 2� y�z *- o 8,936 SF h 15 <v o\ \ h , s O `�� 26.73' 34.30' $ r = $,zg8 �I-,�� 14 �4°� \ 3fi'PO ?' tL 8,2881 F' .� N'� �/�\" .. 6 'C�� \ / w L11 C11 _ �°^h 13 YQ\: THE REMAINDER OF A TRACT OF LAND DESCRIBED IN A DEED TO / �� Y 8,288 SF • l� �n� f 1 THE REMAINDER OF A TRACT OF LAND DESCRIBED IN A DEED TO >> J T = ��b �� ANNA 190, LLC f. 0 34' ? ,��' INST. NO.2014-0422000366740 T.J. WARREN 35 `S DQ 12 \: D.R.C.C.T. INST. N0.96-0110244 7 14 15 16 / / .� � �•� �� 8,288 5t� � �� D.R.C.C.T. 1 7 18 /p�' / 20 0 19 C% /+�5 , 7,526 SFF '%�° , °ham 04 21 r 8,2875F. � 34 ��' BS�� N 7,21D SF O o1 S G,oT C .�G co $ 20 �� \ �P5 Tj� 9�, * 22 i " O/r� -7° 9`� 10 10' S.W., WL. & L.E. 1 13 C' s0 C% ? 7214 5F �' ^rh 0�� 8,287 SF coo \p �' 33 r R2q ?''8 s "°� °� N / 23 F� '�`�' 'O 0 0 9 21 s`7°5Y228'4/ �� 2� 7,216 SF ° �`5P' 9 O r H 12 37 l 36 32 34�plN �`' �e �r ,�o� ,��,�1° 8,z$$ S�F, \ (10 N o Z o / c,�\ ryO `a 7,2145F , ❑ z }- �° 8 \ ❑ z 10 Z \ 22 31 6'j r�0��� p a 8,120 5F -� --3 Q w O o °� Zy. a .a4 O w Cm F 30 (s F" `�'- �3°' 3" ` '� cLO a ? v TRACT ONE U) 11 38 35 23 � � h3 25 7,230 5F \ � � w � POB 11 m 0�1� 1" �,�L N63\ ° 7 g N c 29 ;F 'A 7,$00 5F O � W z 1I2"IRF S $8026'13" E 410.59' 10 �� \ 24 ��' fir°°° 26 a �`� `'�° �� 3 sz\ U o i CM 229.65' 180.94' 25' D.E. / 7,365 SF o� `y Q-� °525 N:7,188,016.745 \ ( 3 r O z E:2,563,181.819 \ 1 w INST. NO.20160509000563110 �.1 a 25 , �' 1 8 NOD 6 2.41 ACRES R.O.W. DEDICATION z \ 12,922 SF 5 12 D.R.C.C.T. O 6 7,800 SF "'+ BY THIS PLAT 23 39 G �\ 28 CAPIIRS -� �o ii L1 13,098 5F 1 ` (ABANDONDED BY THIS PLAT] / o� r it g i� / 33 26 "� ¢ � � 1'�' , 3 \ 15' S.S.E. FORCE MAIN �A6 �y�" E f INST. NO.20160509000563110 30' W.E. N 61°A� 2 1 / 1�5 C� �" } �A THE REMAINDER OF A TRACT OF LAND DESCRIBED IN A DEED TO 6 cQ N 5 D.R.C.C.T. ANNA 190, LLC 27 27CAPARS `5 Q i �, �.3 20' D.E. BY THIS PLAT 4,1, 13 % c, \ 7,951 SF, N\ \ $,451 SF \ N6� 22 Ol ` 5 P.W.E. 40 / 32 g0�'' �= i �`���9"� INST. N0.20161201001631080 TRACT TWO INST. N0.2014-0422000386740 \ A0 10,191 SF 1 8 D.R.C.C.T. 1 , 11 �= C� POB N MAINTENANCE EASEMENT G9� 10 N 60 4 s D.R.C.C.T. 3 ��`' }�BYSEPARATE INSTRU ENT 41 G� do 7,484 �F1�' "� \� \ 7,974SF,� \ 8,400 SF 1 ` l `� \ 2g 28 �N \ CAPIIRS 1� yfiNZ ` �o t50� p j ^ �� CAP/IRS 9,497 SF 1 IN 21 14 CAPIIRS 5� 23293 SF N6� 10 \ t� y6 3 •7��0� CO 1w 30 CAPIIR h 31 TRACT 1-X _% 7,975 SF, ti \ $ \ 4 1 G1� 52k } �} �N=� 7 7,202SF + �.. g cV \ ` 8,400 SF 1 1 w 15 1 �?, MAINTAINED �, ��°�` 5"� moo° �� �� J rn (P 9 BY HOA �b� a,° ` '` °� J1 20 8,802 SF 3 2 13 ��= \CAP/IR5 a�g 9 Gc� \ ,q �7,974 5F APIIRS Q io o� \ °g 1A003 °� 4 K AVExVE �' 2 ; 7,201 5F ° a Z w 1 \ ,400 SF 1 ` 16 5' P.W.E. 5 PAR 15 14 �L `L , , ° �, 1 \ a o N.� 19 1 INST. NO.20160509000563110 6 CAPIig °29O o a �� pA� l Wt 8,943 SF sp r 8,108 SF 1 D.R.C.C.T. 56 ��' \ 7'J, � 7,207 SF, �;y�\l h er�'\ O \ �(1 3A 16 cT � � � �^° � `�, cn \O 8,400 SF T" ` l 17 18 17 © \ \ `Pt� -,� ,��� \ ` 15' W.E. \ j yrytL 7 ` \ •� ° y�Q` ��. `qT 112'IRF a 1 s r coh \ " cs: 9,037$SF 1 INST. N0.201fi05D90D0563110 D.R.C.C.T. 0 20 to 7,933 SF O 7 w + 6.1.. O � � � Dch• etCi `�� ' �� � �p��GO / 8,341 5F 'Z 1 O 2 \ 8,400 SF \ ° 15 17, HATCHED PORTION ABANDON 1 1 G \ c� �,�10 ��g ` o S lr9 �z .� 1 �228 BY THIS PLAT S 53' D.E. r° O��° \ a r�w�y ° , " W 10 �i3 CAPIIRS o s r \ R G1 ef) N G eD� 9GS• $ is $ CA411R INST. NO. 20160509000563110 1 l 9,248 SF/ 2 .� >rt3► 8 < P�►° "W 12 7 TP.W.E. C1 2 /� ti \ \ 2 1 O m \ 8,450 SF S 78 42�a (p 6 BY THIS PLAT D.R.C.C.T. \ a° 15 D.E. �� a� 5' ,043 5F s7' N 6'�` w N \ tia a 1 O° f 20' D.E. D.R.C.C.T. \ 5 r �' �, • �� CAP/IRS 1-X j / ti 5.5 `i5. • rya D` A B 1 , 60'00 w \ A� r N1 1 b 3 4 O " E 671.25 �660' x a3 cn 3-X r , — } \ �, w �' 12,335 SF� l `,N9,3008F3 `�' °o _ N IN5T.N0.20161201001631090 a%802 S� n'�1 Q 2 25, D.E. °42.2a �00 G, MAINTAINED BY HOA cT, �} 8,400 SIF P'cr. a` N INST. NO.20160509000563�110 N Za 13 a8, 69 SF cn a cN3' \ 4 I $ = D.R.C.C.T. r 6� E 14 7,200 SF w $ ? cP L16 \ © ,. \ f 1 m _ i 15 7,200 5F ? a� Q try 9'137 5Fti y1 82 65 INST. N0. 20160509000563110 50is 60 16 ,7,200 5F w Ns J �16 < \ tT pp 15 S.S.E. 112"IRF D.R.C.C.T. 112'IRF \ 8,400 SF 1 �O� \� �` �� 1$ 7,200 SF ' 7,200 SF f 43.45' ° 1,1 ,,n W S' CM \ \ a 86.11 19 , 7,200 5F . f 27 17 N:7,187,491.553 n f �20' D.E. \ S, 7g �22 E:2,565,328.341 x 20 7,200 SF V AM O BY THIS PLAT \ 1 t 21 7,200 SF 25 -T rk B TNISP1pT % C \`�5 \ 11 \'o. 22 No 7,200 5F 0' J S'TREE 03 UPQ } l VARIABLE WIDTH S.S.E. 8,400 SF 1 G OO ND \ Nj+ �p \ ,9�44 SFo W D� o } 1' INST. NO.20160509000563150 " D.R.C.C.T. 7m \ $ \ 12 1 -\,� � -� �y7s°4�7�6.0�' c� � x 8,ose 5Fj1 � � 20 ��eoas,5��io � I 'y 8,400 SF J f 7,200 SF o INST • NO tl N.C.0 T. �0\ 1 �, \ do' a 10 U. 24 1 / �� 1 4 23 , 7,200 SF w $ 0 O A TRACT OF LAND DESCRIBED IN A DEED TO �L \ Afl �`15. 25 a 22 , 7,200 5F 1 r�0 Od VENTURE ANNA 48, LLC / 7 N,61 13 _ �. 21 7,200 SF 67,r�0` CAPIIRS INST. NO.2015-1208001534600 / 2 ` \ 9,079 SF 19 7,200 SF 72D0 5F O 00 60 0p D.R.C.C.T. 18 , 7 200 SF p0' 60. CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C1 225.00' 64.23' 64.02' N 54033'00" E 1602125" C2 175.00' 9.04' 9.04' S 49009'06" W 2057'36" C3 402.00' 261.42' 256.84' N 45005'53" W 37015'33" C4 800.00, 622.89' 607.27' S 48025'27" E 4403639" C5 800.00' 286.68' 285.15' S 36023'05" E 20031'56" C6 830.00' 426.70' 422.01' N 40050'47" W 29027`19" C7 770.00' 833.64' 793.62' N 57008'03" W 62001'53" C8 200.00' 46.85' 46.74' N 56026'06" E 1302519" C9 1015.00' 343.54' 341.90' N 35048'53" W 1902332" C10 585.00' 435.41' 425.43' N 47026'27" W 42038'39" C11 200.00' 68.08' 67.75' N 78030'50" W 19030'08" C12 225.00' 32.01' 31.98' S 15022'05" E 8009'06" NE3RTH 1" = 100' 50 160 150 200 LEGEND V.A.M.E. = VISIBILITY, ACCESS & MAINTENANCE EASEMENT INST. NO. = INSTRUMENT NUMBER R.O.W. = RIGHT OF WAY S.S.E. = SANITARY SEWER EASEMENT D.E. = DRAINAGE EASEMENT U.E. = UTILITY EASEMENT P.W.E. = PRIVATE WALL EASEMENT W.E. = WATER EASEMENT B.L. = BUILDING LINE POB = POINT OF BEGINNING CM = CONTROLLING MONUMENT IRF = IRON ROD FOUND CAPIIRF = CAPPED IRON ROD FOUND CAP/IRS = CAPPED IRON ROD SET D.R.C.C.T. = DEED RECORD COLLIN COUNTY TEXAS S.W., WL. & L.E. = SCREENING WALL, WATERLINE & LANDSCAPE EASEMENT * = MAILBOX CLUSTER = STREET NAME CHANGE O= BLOCK DESIGNATION ` q = R.O.W. CENTERLINE J STREET 10' U.E. 10' U.E. LOT LOT 25BL F_ 25' BL 7 J Gm m M m jn5 In O L 25' BIL 25' BL W Q' co •� \ \ '��� 0 x 17 " 7,200 SF B0.00' 60• ` \ t 16 , 7,200 5F 60 QO' 14 e 7,209 SF \ ` \ 11,562 5F h 15 �4 60.00 " g$1.16 7.688 5F N tn.\ 80.�' W \ 1 � ,g 2 tk 61.50' rl �4CF 1b2.5T \ \ 112" IRF \ \ \ `S 78°42'28" W 1.30' \\ OF CORNER \ TYPICAL LOT SETBACK AND UTILITY ESMT. CONFIGURATION UNLESS OTHERWISE NOTED SURVEYOR: OWNER: KAZ SURVEYING, INC. ANNA 190, LLC 1720 WESTMINSTER STREET 9400 N. CENTRAL EXPRESSWAY, DENTON, TX 76205 SUITE 404 PHONE: (940) 382-3446 DALLAS, TX 75231 TBPLS FIRM #10002100 214-385-0196 S 88009'00" E 422.15' CAPIIRS 15' S.S.E. FORCE MAIN g INST. NO.20160509000563110 4 \ D.R.C.C.T. (SEE DETAIL) °p CAP/IRS SEyL4NE � m0 FORCE MAIN EASEMENT DETAIL lip =30' ENGINEER: CRANNELL, CRANNELL & MARTIN ENGINEERING CORPORATION 2570 FM 407, SUITE 209 HIGHLAND VILLAGE, TX 75077 PHONE: 972. 691.6633 TBPE FIRM #605 Os� 14 13 II& S.S.E. FORCE MAIN - INST. NO.20160509000563110 D.R.C.C.T. THE REMAINDER OF A TRACT OF LAND DESCRIBED IN A DEED TO ANNA 190, LLC n \ INST. NO.2014-0422000386740 D.R.C.C.T. FORCE MAIN EASEMENT DETAIL 1"=30' PAGE 1 OF 2 Approved this day of , 2017, by the City Council of the City of Anna, Texas. 1720 WESTMINSTER DENTON, TX 76205 (940)382-3446 JOB NUMBER: 140544-FP DRAWN BY: TK DATE: 5-3-2017 SURVEYING R.P.L.S. KENNETH A. ZOLLINGER Mayor City Secretary FINAL PLAT CAM D E N PARC IN ANNA PHASE II BEING 81 RESIDENTIAL LOTS & 2 X LOTS, OUT OF 23.42 ACRES IN THE J.C. BRANTLEY SURVEY, ABSTRACT NO. 114, CITY OF ANNA, COLLIN COUNTY, TEXAS. OWNERS CERTIFICATE TRACT ONE All that certain lot, tract or parcel of land lying and being situated in Collin County, Texas and being a part of that called 57.48 acre tract of land conveyed to ANNA 190, LLC by deed recorded in County Clerks File number 2014-0422000386740, Real Property Records, Collin County, Texas and being more fully described by metes and bounds as follows; BEGINNING at a Y inch iron rod found in the Easterly line of a tract of land conveyed to Dallas Area Rapid Transit by deed recorded in Volume 5443, Page 6632, Deed Records, Collin County, Texas and also being the most Westerly Northwest comer of said 57.48 acre tract; THENCE South 88 degrees 26 minutes 13 seconds East, 410.59 feet to a capped iron rod set stamped "KAZ"; THENCE South 11 degrees 17 minutes 32 seconds East, 384.05 feet to a capped iron rod set stamped "KAZ"; THENCE South 78 degrees 42 minutes 28 seconds West, 12.17 feet to a capped iron rod set stamped "KAZ"; THENCE South 11 degrees 17 minutes 32 seconds East, 170.00 feet to a capped iron rod set stamped "KAZ"; THENCE North 78 degrees 42 minutes 28 seconds East, 671.25 feet to a capped iron rod set stamped "KAZ" and the P.C. of a curve to the right whose long chord bears, South 15 degrees 22 minutes 05 seconds East, 31.98 feet; THENCE along said curve whose radius is 225.00 feet and an arc length of 32.01 feet to a capped iron rod set stamped "KAZ"; THENCE South 11 degrees 17 minutes 32 seconds East 258.07 feet to a capped iron rod set stamped "KAZ"; THENCE South 78 degrees 42 minutes 21 seconds West, 881.16 feet to a capped iron rod set stamped "KAZ" in the Easterly line of the aforementioned Dallas Area Rapid Transit tract, whence a Y inch iron rod found bears, South 78 degrees 42 minutes 28 seconds West, 1.30 feet; THENCE along said Easterly line, North 22 degrees 12 minutes 45 seconds West, 952.65 feet to the PLACE OF BEGINNING and containing 10.59 acres of land more or less; TRACT TWO All that certain lot, tract or parcel of land lying and being situated in Collin County, Texas and being a part of that called 67.48 acre tract of land conveyed to ANNA 190, LLC by deed recorded in County Clerks File number 20140422000386740, Real Property Records, Collin County, Texas and being more fully described by metes and bounds as follows; COMMENCING at a V inch iron rod found at the Northwest comer of a called 25.024 acre tract of land tract of land conveyed to Spring Lakes Estate Joint Venture by deed recorded in Instrument Number 2014-0827000923080, Deed Records, Collin County, Texas, and also being the Northeast corner of said 57.48 acre tract, same being at the intersection of the centerline of County Road 376, County Road 426 and County Road 427; THENCE along the center of said County Road 427, South 01 degrees 46 minutes 56 seconds West, 682.07 feet to a capped iron rod set stamped "KAZ" for the POINT OF BEGINNING of the herein described tract; THENCE continuing along said center, South 01 degrees 46 minutes 56 seconds West, 192.56 feet to a Y inch iron rod found; THENCE South 35 degrees 08 minutes 43 seconds West, 223.08 feet to a V inch iron rod found; THENCE South 78 degrees 42 minutes 21 seconds West, 270.96 feet to a capped iron rod set stamped "KAZ"; THENCE North 22 degrees 29 minutes 55 seconds West, 195.23 feet to a capped iron rod set stamped "KAZ"; THENCE North 27 degrees 30 minutes 53 seconds West, 168.19 feet to a capped iron rod set stamped "KAZ"; THENCE South 62 degrees 29 minutes 07 seconds West, 82.82 feet to a capped iron rod set stamped "KAZ"; THENCE North 27 degrees 16 minutes 18 seconds West, 119.95 feet to a capped iron rod set stamped "KAZ"; THENCE North 62 degrees 43 minutes 42 seconds East, 18.91 feet to a capped iron rod set stamped "KAZ" at the P.C. of a curve to the left whose long chord bears, North 54 degrees 33 minutes 00 seconds East 64.02 feet; THENCE along said curve whose radius is 225.00 feet and an arc length of 64.23 feet to a capped iron rod set stamped "KAZ"; THENCE North 27 degrees 30 minutes 53 seconds West, 51.66 feet to a capped iron rod set stamped "KAZ"; THENCE South 47 degrees 40 minutes 18 seconds West, 18.31 feet to the P.C. of a curve to the right whose long chord bears, South 49 degrees 09 minutes 06 seconds West, 9.04 feet; THENCE along a said curve to the right and whose radius is 175.00 feet and an arc length of 9.04 feet to a capped iron rod set at the P.T. of said curve; THENCE North 27 degrees 30 minutes 53 seconds West, 58.14 feet to a capped iron rod set at the P.C. of a curve to the left whose long chord bears, North 45 degrees 05 minutes 53 seconds West, 256.84 feet; THENCE along said curve whose radius is 402.00 feet and an arc length of 261.42 feet to a capped iron rod set stamped "KAZ"; THENCE North 63 degrees 43 minutes 40 seconds West, 132.28 feet to a capped iron rod set stamped "KAZ"; THENCE North 49 degrees 39 minutes 01 seconds West, 19.40 feet to a capped iron rod set stamped "KAZ"; THENCE North 35 degrees 34 minutes 22 seconds West, 373.81 feet to a capped iron rod set stamped "KAZ'; THENCE North 22 degrees 29 minutes 42 seconds East, 10.84 feet to a capped iron rod set stamped "KAZ'; THENCE South 88 degrees 08 minutes 42 seconds East, 21.79 feet to a capped iron rod set stamped "KAZ"; THENCE North 01 degrees 51 minutes 00 seconds East, 60.18 feet to capped iron rod set stamped "KAZ" in the center of the aforementioned County Road 376; THENCE along said center, South 88 degrees 09 minutes 00 seconds East, 422.15 feet to a capped iron rod set stamped "KAZ" THENCE South 19 degrees 16 minutes 14 seconds West 38.46 feet to a capped iron rod set stamped "KAZ" at the P.C. of a curve to the right whose long chord bears, South 48 degrees 25 minutes 27 seconds East, 607.27 feet; THENCE along said curve whose radius is 800.00 feet and an arc length of 622.89 feet to a capped iron rod set at the P.T. of said curve; THENCE South 26 degrees 07 minutes 07 seconds East, 148.69 feet to a capped iron rod set stamped "KAZ" at the P.C. of a curve to the left whose long chord bears, South 36 degrees 23 minutes 05 seconds East, 285.15 feet; THENCE along said curve whose radius is 800.00 feet and an arc length of 286.68 feet; THENCE North 43 degrees 20 minutes 57 seconds East, 130.91 feet to the to the PLACE OF BEGINNING and containing 12.91 acres of land more or less; OWNERS DEDICATION NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT ANNA 190, LLC, does hereby adopt this plat, designating the herein above described property as CAMDEN PARC IN ANNA - PHASE II, an addition to the City of Anna, Collin County, Texas and do hereby dedicate, in fee simple, to the public use forever the streets and alleys shown thereon. The easements shown thereon are hereby reserved for the purpose indicated. The utility and fire lane easements shall be open to the public, fire and police units, garbage and rubbish collection agencies, and all public and private utilities for each particular use. The maintenance of paving on the utility and fire lane easements is the responsibility of the property owner. No buildings, fences, trees, shrubs or other improvements or growths shall be constructed reconstructed or placed upon, over or across the easements as shown. Said easements being hereby reserved for the mutual use and accommodation of all public utilities using or desiring to use same. All, and any public utility shall have the right to remove and keep removed all or part of any buildings, fences, trees, shrubs, or other improvements or growths which in any way may endanger or interfere with the construction, maintenance or efficiency of its respective system on the easements, and all public utilities shall at all times have the full right of ingress and egress to or from and upon the said easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining an adding to or removing all or parts of its respective systems without the necessity at any time of procuring the permission of anyone. (Any public utility shall have the right of ingress and egress to private property for the purpose of reading meters and any maintenance of service required or ordinarily performed by that utility). Water main and wastewater easements shall also include additional area of working space for construction and maintenance of the systems. Additional easement area is also conveyed for installation and maintenance of manholes, cleanouts, fire hydrants, water services and wastewater services from the main to the curb or pavement line, and description of such additional easements herein granted shall be determined by their location as installed. This plat approved subject to all platting ordinances, rules, regulations, and resolutions of the City of Anna, Texas. WITNESS, my hand at , Texas, this the day of , 2017. OWNER STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, ON THIS DAY PERSONALLY APPEARED , KNOWN TOME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TOME THAT HE/SHE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATIONS THEREIN. WITNESS MY HAND AND SEAL OF OFFICE THIS THE DAY OF .2017. NOTARY PUBLIC IN AND FOR THE STATE OF COUNTY MY COMMISSION EXPIRES ON CERTIFICATE OF SURVEYOR STATE OF TEXAS COUNTY OF COLLIN I, KENNETH A. ZOLLINGER, REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THIS PLAT WAS PREPARED FROM AND ACTUAL SURVEY MADE ON THE GROUND AND THAT THE MONUMENTS SHOWN HEREON WERE FOUND OR PLACED WITH 1/2" IRON RODS CAPPED "KAZ" UNDER MY DIRECTION AND SUPERVISION IN ACCORDANCE WITH THE ORDINANCES OF THE CITY OF ANNA, COLLIN COUNTY, TEXAS. KENNETH A. ZOLLINGER R.P.L.S. # 5312 DATE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED KENNETH A. ZOLLINGER, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE/SHE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATIONS THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF THE OFFICE THIS DAY OF NOTARY PUBLIC, COLLIN COUNTY, TEXAS. MY COMMISSION EXPIRES SURVEYOR: OWNER: ENGINEER: KAZ SURVEYING, INC. ANNA 190, LLC CRANNELL, CRANNELL & MARTIN ENGINEERING CORPORATION 1720 WESTMINSTER STREET 9400 N. Central Expressway, Suite 404 2570 FM 407, SUITE 209 DENTON, TX 76205 Dallas, TX 75231 HIGHLAND VILLAGE, TX 75077 PHONE: (940) 382-3446 214-385-0196 PHONE: 972. 691.6633 TBPLS FIRM #10002100 TBPE FIRM #605 2017. Approved this day of , 2016. by the City Council of the City of Anna, Texas. Mayor 1720 WESTMINSTER DENTON, TX 76205 (940)382-3446 JOB NUMBER: 140544-FP DRAWN BY: TK DATE: 5-3-2017 FINAL PLAT CAM D E N PARC IN ANNA PHASE II BEING 81 RESIDENTIAL LOTS & 2 X LOTS, OUT OF 23.42 ACRES IN THE J.C. BRANTLEY SURVEY, ABSTRACT NO. 114, CITY OF ANNA, COLLIN COUNTY, TEXAS. City Secretary PAGE 2OF2 SURVEYING R.P.L.S. KENNETH A. ZOLLINGER CRANNELL, CRANNELL & MARTIN CORPORATION 257o FM 407 STE tog, Highland Village, TX 75077 Office: 972-691-6633 TBPE FIRM #605 March 15, 2017 Joseph Johnson, PE City of Anna Public Works 3223 N. Powell Parkway Anna, TX 75409 RE: Camden Parc in Anna Phase 2 Drainage Impact Mr. Johnson, I am the engineer of record and the development of the above -referenced project as designed will not damage downstream properties due to the development's impact on off -site drainage. If you have any questions or need additional information, please call our office. Sincerely, Jeff D. Crannell, P.E. TBPE FIRM #605 3/15/17 ........................... JEFF D. CRANNELL ............................ . Item No. 5.d. City Council Agenda Staff Report Meeting Date: 10/10/2017 y€OUW HOMETOWN AGENDA ITEM: Resolution approving a Subdivision Improvement Agreement for Camden Parc, Phases 2-4. (Maurice Schwanke) �Rl IJ Ji I Lyi I_1 WA The City Council previously approved this Agreement on September 26, 2017. Since then we discovered that one of the owners of the property (DR Horton) was not listed as an owner in the previous version of the Agreement. This revised Agreement is identical to the one approved on September 26 with the exception of DR Horton being listed as an additional owner. Camden Parc Phases 2-4 is a residential development located on the east side of Powell Parkway, south of Lindsey Lane (formerly CR 376). As part of the development, the developer is constructing the southern portions of Lindsey Lane adjacent to and through the property. The developer is also constructing a 12-inch water line that will serve the property and general area. The portions of Lindsey Lane and the 12-inch water line that will be constructed by the developer are on the City's impact fee capital improvement plans and are eligible for impact fee credits. The attached Subdivision Improvement Agreement defines the obligations of the developer with respect to construction of Lindsey Lane, the 12-inch water line, and the obligations of the City with respect to granting impact fee credits. The developer previously constructed Camden Parc, Phase 1 and received impact fee credits for the sections of Lindsey Lane and the 12-inch water line that were consructed in connection with Phase 1. The improvements constructed with Phase 1 will also serve Phases 2-4. This new Agreement combines the impact fee credits that the developer earned in Phase 1 with the impact fee credits that will be earned by constructing extensions of Linsey Lane and the 12-inch water line for Phases 2-4. The impact fee credits authorized by this Agreement will not exceed the total impact fees that would otherwise be due from the development of all four phases of the Camden Parc development. The City will have the right to collect impact fees due from the development of Camden Parc Phases 1-4 after the credits authorized by the Agreement has been exhausted or after the credits expire, whichever occurs first. STAFF RECOMMENDATION: Staff Recommends approval of the attached Resolution and Agreement. This Resolution also repeals Resolution No. 2017-09-366 approved on September 26. ATTACHMENTS: Description Upload Date Type Resolution approving SIA 10/5/2017 Resolution Exhibit 1, S I A for Camden Parc 2-4 10/5/2017 Exhibit Exhibit A 9/22/2017 Exhibit Exhibit B 9/21/2017 Exhibit Exhibit C 9/21/2017 Exhibit Exhibit D 9/21/2017 Exhibit Exhibit E 9/21/2017 Exhibit Exhibit F 9/22/2017 Exhibit Exhibit G 9/22/2017 Exhibit Exhibit H 9/22/2017 Exhibit Cost Estimates 9/21/2017 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH D.R. HORTON — TEXAS, LTD, SPRING LAKES ESTATES JOINT VENTURE, AND COOPERZADEH II, LLC, (COLLECTIVELY, "OWNER") FOR CAMDEN PARC, PHASES 2-4. WHEREAS, D.R. Horton —Texas, Ltd.; Spring Lakes Estates Joint Venture; And Cooperzadeh II, LLC, (Collectively, "Owner") own and desire to develop a parcel of property composed of approximately 94.77 acres of land located entirely within the corporate limits of the City of Anna, Texas (the City); and, WHEREAS, the Owner has agreed to construct certain roadway and water facilities in connection with development of the property; and, WHEREAS the Owner has requested roadway and water impact fee credits for the construction of said roadway and water facilities; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Subdivision Improvement Agreement The City Council hereby approves the Subdivision Improvement Agreement for Camden Parc Phases 2-4, attached hereto as Exhibit 1 and ratifies and approves the City Manager's execution of the same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the Agreement. Section 3. City of Anna, Texas Resolution No. 2017-09-366 is hereby repealed. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 10t" day of October, 2017. ATTEST: APPROVED: Carrie L. Smith, City Secretary Mayor Pro Tem, Justin Burr SUBDIVISION IMPROVEMENT AGREEMENT FOR CAMDEN PARC, PHASES 2-4 This Subdivision Improvement Agreement (this "Agreement") is entered into between the City of Anna, Texas (the "City") and D.R. Horton — Texas, Ltd, Spring Lakes Estates Joint Venture, and Cooperzadeh II, LLC (collectively, "Owner"). WHEREAS, Owner 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, and shall supersede any previous agreement between the Parties and City Regulations only to the extent that any such agreements or City Regulations directly conflict with the terms of this Agreement; and WHEREAS, Owner owns and desires to develop a parcel or parcels of real property (the "Property") in Collin County, Texas, which is composed of approximately 94.77 acres of land located entirely within the corporate limits of the City of Anna and is more particularly and separately or jointly described in the attached Exhibit A; and, WHEREAS, Owner acknowledges that the obligations undertaken under this Agreement are primarily for the benefit of the Property; and, WHEREAS, Owner understands and acknowledges that acceptance of this Agreement not an exaction or a concession demanded by the City but rather is an undertaking of Owner's voluntary design to ensure consistency, quality, and adequate infrastructure that will benefit Owner's development of the Property; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: SECTION 1 RECITALS INCORPORATED The recitals set forth above are incorporated herein as if set forth in full to further describe the Parties' intent under this Agreement and said recitals constitute representations by Owner and the City. SECTION 2 DEFINITIONS 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 standards, uniform codes, and other policies duly adopted by the City. SUBDIVISION IMPROVEMENT AGREEMENT FOR CAMDEN PARC, PHASES 2-4 — Page 1 Development means the new development on the Property that is the subject of this Agreement, and on the property described as Camden Parc, Phase I (Exhibit F). Estimated Construction Cost, with respect to the engineering, design, and construction of the Phase 11 Roadway Facilities, means $625,354.30. Estimated Construction Cost, with respect to the engineering, design, and construction of the Phase 11 Water Facilities, means $106,620.88. Final Construction Cost, with respect to the Phase 11 Roadway Facilities, means the dollar amount actually paid for the engineering, design, and construction of the Phase 11, Roadway Facilities at the time of full and final completion, dedication and acceptance the Phase II, Roadway Facilities. Final Construction Cost, with respect to the Phase 11 Water Facilities, means the dollar amount actually paid for the engineering, design, and construction of the Phase 11 Water Facilities at the time of full and final completion, dedication and acceptance the Phase 11 Water Facilities. Final Credit Amount, with respect to the Roadway Facilities, means a dollar amount equal to the Estimated Construction Cost, or the Final Construction Cost, whichever is less, of the Phase II Roadway Facilities, plus $(389,643.58). Final Credit Amount, with respect to the Water Facilities, means a dollar amount equal to the Estimated Construction Cost or the Final Construction Cost, whichever is less, of the Phase II Water Facilities, plus $(269,084.38). Phase I Roadway Facilities mean the Lindsey Lane Roadway Improvements constructed by Owner as described and depicted in Exhibit B, attached hereto, and in accordance with construction plans approved by the City. Phase II Roadway Facilities mean the Lindsey Lane Roadway Improvements to be constructed by Owner as described and depicted in Exhibit C, attached hereto, and in accordance with design/construction plans to be approved by the City. Phase I Water Facilities means a twelve -inch (12") water line (constructed with Phase 1) constructed by Owner as described and depicted in Exhibit D, attached hereto, and in accordance with construction plans approved by the City. Phase II Water Facilities means a twelve -inch (12") water line running parallel to Lindsey Lane to be constructed by Owner as described and depicted in Exhibit E, attached hereto, and in accordance with design/construction plans to be approved by the City. Roadway Facilities means the Phase I Roadway Facilities and Phase 11 Roadway Facilities described herein. Water Facilities means the Phase I Water Facilities and Phase II Water Facilities described herein. SUBDIVISION IMPROVEMENT AGREEMENT FOR CAMDEN PARC, PHASES 2-4 — Page 2 SECTION 3 GENERAL PROVISIONS. (a) Documentation of Actual Amount Paid. Once Owner fully completes the Water & Roadway Facilities, and before the City has accepted such Water & Roadway Facilities after inspection, Owner shall provide the City Manager with documentation reasonably acceptable to the City Manager evidencing the actual amount paid. (b) Maintenance Bond. For each construction contract for any part of the Water & Roadway Facilities, Owner or Owner's contractor further must execute a Maintenance Bond in accordance with applicable City Regulations that guarantee the costs of any repairs which may become necessary to any part of the construction work performed in connection with the Water & Roadway Facilities, arising from defective workmanship or materials used therein, for a full period of two (2) years from the date of final acceptance of the Water & Roadway Facilities constructed under such contract. (c) Public Improvements, Generally. Except as otherwise expressly provided for in this Agreement, Owner shall provide all public improvements, including streets, water, sewer, drainage, sidewalks, trails, street lighting, street signage, and all other public improvements required by City Regulations to serve the Property, at no cost to the City except as provided herein, in accordance with City Regulations, and as approved by the City's engineer or his or her agent. Owner shall cause the installation of such improvements within all applicable time frames in accordance with the City Regulations unless otherwise approved herein. Owner 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 engineer or his or her agent prior to filing of a Final Plat. Construction of such improvements shall not be initiated until a pre -construction conference has been held regarding the proposed construction and City has issued a written notice to proceed. (d) Owner's Remedy. Owner's sole remedy for nonperformance of this Agreement by the City shall be to seek specific performance pursuant to the terms of this Agreement. (e) 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 Owner 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 Owner, his 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 Owner's engineer, his 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. SUBDIVISION IMPROVEMENT AGREEMENT FOR CAMDEN PARC, PHASES 2-4 — Page 3 (f) Insurance. Owner or its contractor(s) shall acquire and maintain, during the period of time when any of the Water & Roadway Facilities are under construction (and until the full and final completion of the Water & Roadway Facilities 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 Water & Roadway Facilities construction contracts, whether by Owner, a contractor, subcontractor, materialman, or otherwise. Coverage must be on an "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 Improvement construction contracts, Owner 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. (g) Indemnification and Hold Harmless. OWNER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND 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 KIND 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 OWNER, ITS AGENTS, SERVANTS, CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN OR EMPLOYEES IN CONNECTION WITH THE DESIGN, CONSTRUCTION OR INSTALLATION OF THE WATER & ROADWAY FACILITIES, 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 OWNER'S DESIGN, CONSTRUCTION OR INSTALLATION OF ANY OF THE WATER & ROADWAY FACILITIES THAT ARE THE SUBJECT OF THIS AGREEMENT, NOR THE MEANS, METHODS, TECHNIQUES, SEQUENCES OR PROCEDURES UTILIZED FOR SAID DESIGN, CONSTRUCTION OR INSTALLATION. THIS AGREEMENT DOES NOT CREATE A JOINT ENTERPRISE BETWEEN THE CITY AND OWNER. OWNER FURTHER COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS. AND DEFEND THE CITY AGAINST ANY AND ALL CLAIMS SUBDIVISION IMPROVEMENT AGREEMENT FOR CAMDEN PARC, PHASES 2-4 — Page 4 OR SUITS, BY ANY PERSON CLAIMING AN OWNERSHIP INTEREST IN THE PROPERTY WHO HAS NOT SIGNED THIS AGREEMENT AND WHICH CLAIMS: (1) ARISE IN ANY WAY FROM THE CITY'S RELIANCE UPON OWNER'S REPRESENTATIONS IN THIS AGREEMENT; (2) RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH OWNERSHIP OF THE PROPERTY; OR (3) ARISE IN ANY WAY FROM THE CITY'S APPROVAL OF ANY TYPE OF DEVELOPMENT APPLICATION OR SUBMISSION WITH RESPECT TO THE PROPERTY. NOTWITHSTANDING THIS PROVISION OR ANY OTHER PROVISION OF THIS AGREEMENT, OWNER SHALL NOT BE OBLIGATED TO INDEMNIFY, DEFEND, OR HOLD THE CITY HARMLESS FOR THE CITY'S OWN NEGLIGENCE OR GROSS NEGLIGENCE. SECTION 4 ROADWAY FACILITIES (a) Owner Obligations. (1) Owner is responsible for funding and construction of all public improvements required by City Regulations to serve the Property, including but not limited to the Roadway Facilities. (2) Owner agrees to complete in a good and workmanlike manner construction of the Phase II Roadway Facilities prior to the date a final plat for any portion of the Property is officially recorded in the Land Recordings with the Collin County Clerk's Office. (b) City Obligations (1) City Acknowledges that Owner has constructed and the City has accepted the Phase I Roadway Facilities. (2) Notwithstanding any requirement in City Regulations, City agrees that the Owner's obligation to construct improvements to Lindsey Lane in connection with Development of the Property shall be limited to the obligations outlined in this Agreement. (3) The Final Credit Amount shall be a credit against roadway impact fees otherwise due to the City from the Development of the Property and from Development of Camden Parc, Phase I further described and depicted as Exhibit F. The roadway impact fee credit for the construction of the Roadway Facilities shall be redeemed at the time of issuance of building permits, and such redemption shall apply to the full amount of the roadway impact fees that would otherwise be collected until the roadway impact fee credit authorized by this Agreement has been exhausted. (4) Notwithstanding Section 4(b)(3) above, the roadway impact fee credit for construction of the Roadway Facilities shall not exceed the total amount of roadway impact fees due from Development of the Property and from the Development of Camden Parc Phase I, less the roadway impact fee credits SUBDIVISION IMPROVEMENT AGREEMENT FOR CAMDEN PARC, PHASES 2-4 — Page 5 previously granted for Camden Parc Phase I prior to the Effective Date of this Agreement. (5) Notwithstanding Section 4(b)(3) above, the roadway impact fee credit authorized by this Agreement shall expire on September 30 in the tenth year following the date the Roadway Facilities are complete and formally accepted by the City. (6) The City shall have the right to collect roadway impact fees due from the Development of the Property and from the Development of Camden Parc, Phase I after the credit authorized by this Agreement has been exhausted or after the credit expires, whichever occurs first. SECTION 5 WATER FACILITIES (a) Owner Obligations. (1) Owner is responsible for funding and construction of all public improvements required by City Regulations to serve the Property, including but not limited to the Water Facilities. (2) Owner agrees to complete in a good and workmanlike manner construction of the Phase I I Water Facilities prior to the date a final plat for any portion of the Property is officially recorded in the Land Recordings with the Collin County Clerk's Office. (b) City Obligations (1) City Acknowledges that Owner has constructed and the City has accepted the Phase I Water Facilities. (2) The Final Credit Amount shall be a credit against water impact fees otherwise due to the City from the Development of the Property and from the Development of Camden Parc, Phase I further described and depicted as Exhibit F. The water impact fee credit for the construction of the Water Facilities shall be redeemed at the time of issuance of building permits, and such redemption shall apply to the full amount of the water impact fees that would otherwise be collected until the water impact fee credit authorized by this Agreement has been exhausted. (3) Notwithstanding Section 5(b)(2) above, the water impact fee credit for construction of the Water Facilities shall not exceed the total amount of water impact fees due from Development of the Property and from the Development of Camden Parc Phase I, less the water impact fee credits previously granted for Camden Parc Phase I prior to the Effective Date of this Agreement. SUBDIVISION IMPROVEMENT AGREEMENT FOR CAMDEN PARC, PHASES 2-4 — Page 6 (4) Notwithstanding Section 5(b)(2) above, the water impact fee credit authorized by this Agreement shall expire on September 30 in the tenth year following the date the Water Facilities are complete and formally accepted by the City. (5) The City shall have the right to collect water impact fees due from the Development of the Property and from the Development of Camden Parc, Phase I after the credit authorized by this Agreement has been exhausted or after the credit expires, whichever occurs first. 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 the City Council has duly adopted this Agreement and Owner has duly executed same. SECTION 7 TERMINATION This Agreement and all obligations of the Parties hereto, shall terminate upon full performance of the terms of this Agreement. SECTION 8 SUCCESSORS AND ASSIGNS (a) All obligations and covenants of Owner under this Agreement shall constitute covenants running with the land, and shall bind Owner and each successive owner of all of any portion of the Property; provided, however, the terms of this Agreement shall (i) not be binding on the owner of any residence that is purchased by such owner from a homebuilder, and (ii) be subordinate to the lien of (and shall not be binding on) any mortgagee who finances or refinances residences constructed on the Property. (b) Without limiting the generality of the foregoing and except as otherwise provided in this paragraph, Owner has the right (from time to time upon delivery of 14 days' prior written note to the City) to assign this Agreement, in whole or in part, and including any obligation, right, title, or interest of Owner under this Agreement, to any person or entity (an "Assignee") that is or will become an owner of any portion of the Property or that is an entity that is controlled by or under common control with Owner. Further, no assignment by Owner shall release Owner from any liability that resulted from an act or omission by Owner that occurred prior to the effective date of the assignment unless the City approves the release in writing. Notwithstanding the foregoing, Owner shall not assign this Agreement, in whole or in part, to an Assignee if the City, after action by the City Council (which action shall be considered by the City in good faith based upon financial and performance criteria, and which action shall not be unreasonably withheld, conditioned or delayed), notifies Owner within 14 days of receipt of the written notice required by this Section 7(b) that such Assignee fails to satisfy the City's financial and performance criteria. SUBDIVISION IMPROVEMENT AGREEMENT FOR CAMDEN PARC, PHASES 2-4 — Page 7 If the City provides such notice to Owner then the Parties, within 14 days of such notice, shall mediate the dispute. The mediator shall be mutually agreed -upon; and the cost of such mediator shall be paid equally by the Parties. The mediator's determination shall be binding on the Parties. If a Party refuses to mediate, then the decision of the Party willing to mediate shall be binding. (c) Each assignment shall be in writing executed by Owner 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. From and after such assignment, the City agrees to look solely to the Assignee for the performance of all obligations assigned to the Assignee and agrees that Owner shall be released from subsequently performing the assigned obligations and from any liability that results from the Assignee's failure to perform the assigned obligations; provided, however, Owner shall not be released until the City receives an executed copy of such assignment. Further, no assignment by Owner shall release Owner from any liability that resulted from an act or omission by Owner that occurred prior to the effective date of the assignment unless the City approves the release in writing. Owner shall maintain written records of all assignments made by Owner to Assignees, including a copy of each executed assignment and the Assignee's Notice information as required by this Agreement, and, upon written request from any Party or Assignee, shall provide a copy of such records to the requesting person or entity. 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 Owner: Cooperzadeh II, LLC Attn M. T. Akhavizadeh SUBDIVISION IMPROVEMENT AGREEMENT FOR CAMDEN PARC, PHASES 2-4 — Page 8 9400 N. Central Expressway, Suite 475 Dallas, Texas 75231 (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 the City and Owner expressly amending the terms of this Agreement. (d) Applicable Law and Venue. This Agreement shall be performable and all compensation payable in Collin County, Texas. Venue and exclusive jurisdiction under this Agreement lies in a court of competent jurisdiction in Collin County, Texas. (e) Severability. If any clause, paragraph, section or portion of this Agreement shall be found to be illegal, unlawful, unconstitutional or void for any reason, the balance of the Agreement shall remain in full force and effect and the unlawful provision shall be replaced with a provision as similar in terms and effect to such unlawful provision as may be valid, legal and enforceable. (f) Representation. Each signatory representing this Agreement has been read by the party for which this Agreement is executed and that such Party has had an opportunity to confer with its counsel. (g) Consideration. This Agreement is executed by the Parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is hereby acknowledged. (h) Waiver. Waiver by either Party or any breach of this Agreement, or the failure of either Party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such Party's right thereafter to enforce and compel strict compliance of the Agreement. (i) Miscellaneous 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 City and Owner and is not intended to and shall not confer any rights or benefits on any third party not a signatory hereto. (k) Binding Effect. This Agreement shall bind and inure to the benefit of the City and Owner and to any successor owner/developer of the Property, may be recorded in the Collin County property records, and runs with the land. SUBDIVISION IMPROVEMENT AGREEMENT FOR CAMDEN PARC, PHASES 2-4 — Page 9 (1) Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. (m) Termination of Camden Parc Phase 1 Water Impact Fee Credit Agreement. The Water Impact Fee Credit Agreement for Camden Parc, Phase I attached hereto as Exhibit G is hereby terminated. (n) Termination of Camden Parc Phase 1 Roadway Impact Fee Credit Agreement. The Roadway Impact Fee Credit Agreement for Camden Parc, Phase I attached hereto as Exhibit H is hereby terminated. [SIGNATURES PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] SUBDIVISION IMPROVEMENT AGREEMENT FOR CAMDEN PARC, PHASES 2-4 — Page 10 OWNER By: , a corporation, its owner/manager By: Name: Title: IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF § Before me, the undersigned notary public, on the day of , 2017, personally appeared , known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same in his or her capacity as of on behalf of Notary Public, State of Texas SUBDIVISION IMPROVEMENT AGREEMENT FOR CAMDEN PARC, PHASES 2-4 — Page 11 OWNER By: , a corporation, its owner/manager By: Name: Title: IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF § Before me, the undersigned notary public, on the day of , 2017, personally appeared , known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same in his or her capacity as of on behalf of Notary Public, State of Texas SUBDIVISION IMPROVEMENT AGREEMENT FOR CAMDEN PARC, PHASES 2-4 — Page 12 OWNER By: , a corporation, its owner/manager By: Name: Title: IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF § Before me, the undersigned notary public, on the day of , 2017, personally appeared , known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same in his or her capacity as of on behalf of Notary Public, State of Texas SUBDIVISION IMPROVEMENT AGREEMENT FOR CAMDEN PARC, PHASES 2-4 — Page 13 CITY OF ANNA IN Philip Sanders, City Manager IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF § Before me, the undersigned notary public, on the day of , 2017, personally appeared Philip Sanders, known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as City Manager of the City of Anna, Texas. Notary Public, State of Texas SUBDIVISION IMPROVEMENT AGREEMENT FOR CAMDEN PARC, PHASES 2-4 — Page 14 ATTACHMENTS Exhibit A — The Property (legal description and drawing) Exhibit B — Phase I Roadway Facilities Exhibit C — Phase II Roadway Facilities Exhibit D — Phase I Water Facilities Exhibit E — Phase II Water Facilities Exhibit F — Camden Parc, Phase Exhibit G — Water Impact Fee Agreement, Camden Parc, Phase I Exhibit H — Roadway Impact Fee Agreement, Camden Parc, Phase I SUBDIVISION IMPROVEMENT AGREEMENT FOR CAMDEN PARC, PHASES 2-4 — Page 15 1.527 ACRES POWERSTREAM REAL ESTATE PARTNERSLP \ \ \ VOL. 6044, PG. BLOCK I I I I I I I I I cnl LOT 1 2931 MAJORIE SUE LOT 2 EVANS o^ 167.19 ACRES ~ A TRACT OF LAND OLLIN COUNTY ESTATES D.R.C.C.T. ABS A1011 \ COMMON I I �iLL LAND ACQUIS TIONS PROPOSED I - DESCRIBED IN A DEED TO (UNRECORDED) COLLIN COUNTY ESTATES I LOT 3 I LOT 4 I LOT 5 LOT 6 R WHITAKER \ \ \ AREA >z 10 0 a I L TEXAS L 4NC�RTHP INTE �ROSSIf�G p KEVIN LUONG (UNRECORDED) COLLIN COUNTY ESTATES COLLIN COUNTY ESTATES COLLIN COUNTY ESTATES j z , (UNRECORDED) OLLIN COUNTY ESTAT S SURVEY TRACT VOL. 5�/8d, PG. 760 P(1A E 1-S UTH C.C.'S FILE NO. (UNRECORDED) (UNRECORDED) ) 12 CHAMPION �� ��T \ \ oz (UNRECORDED) z \ \ \ I \ co Q 20110803000810210 IAUGUSTINE J. LISAI SHARON J. VAN LIEW GLYNDA L. YOUNG POWERSTREAM REAL WAYNE A & KAREN L 4.62 AC -L D.R.C.C.T. I CC FILE NO. 96-84788 I CARTHE Y. I ESTATE PARTNERS, LP Q CC FILE NO. INST. NO. MATTHEWS I JONES ERIC PEARSE \ \ 96-0032196 2006041 D.R.C.C.T. D.R.C.C.T. ABS R SURVEY ABS AfD-M ABS A1011 (60' ROW) CC FILE NO. 96-84788 PAUL L. LINDSEY DENNIS WHITEHEAD R WHITAKER SURVEY D.R.C.C.T. D.R.C.C.T. D.R.C.C.T. VOL. 5717, PG. 4486 CC FILE NO. 96-84789 R ABS SURVEY HITAKER SURVEY ANNA CITY LIMITS. CAP/IRS D.R.C.C.T. D.R.C.C.T. TRACT 82 TRACT 72 TRACT 5 1.035 AC 2.666 AC �143� Ate- ���P� \ LINDSEY LANE \_ R.O.W. \ \ CAP/IRS CAP/IRS nNNnarvuMirs - COJ_L1i11C.0UNTY R.O.W. R� \ "KAZ" L10 "KAZ" R•O•W• COUNTY ROAD 376 DOC NO LIN.COUNTY . �WN .COUNTY \ I I I m CA / RF COLLIN COUNTY 60' R.O.w. 2006061 3 DOC NO DOC NO Q QQ, �� G�' I r- I © „K DOC NO DOC. NO.20060816001171050 � 5 E2096� 823960 20060331000423790 O� O� cn � 2006050500060 CAP/IRS J \ \ A 3 2 1 m 40 39 2� 19 1 g o "KAZ' O m Q - \ 5 -I 37 \\ ��� 17 16 CS 15 1 2 3 4 5 6 7 8 9 Ir 0 2 15 II I -j 1 3 1 " - 150' \ 36 14 �� 14 THE REMAIN ER OF 6 / c�� 13 ��i9 THE REMAINDER OF A TRACT OF LAND I I ©. T ACT OF LAND U) 0 75 150 \ �� PRINCETON AVE DESC IBED IN C THE REMAINDER OF A TRACT OF LAND DESCRIBED IN A DEED TO CURVE TABLE 4 \ DESCRIBED IN A DEED TO 7 14 15 16 17 35 �' CAP/I S 12 C9�� ANNA 190, LLC I I 13 INST9NO.LC, THAC RY ST. T.J. WARREN 18 "KAZ" 20 INST. NO. 2014-0422000386740 I I T i 19 c'� \ 2014-04220 \ INST. NO. 96-0110244 �G � 34 � 21 EGA 11 D.R.C.C.T. .P.R.C. D.R.C.C.T. s `9 T 1 2 3 4 \ /" 13 5 w \ \ \ 8 20 sip �8 22 O'L�, 12 5 / LuNwwWz�W� 13 F T 10 III (9 of rC7� 9 \p �� 33 CAP/IR 23 ��Fj © N O w 1\ I I 6 11 14 6 z U °� << In 0 N 37 36 21 B 7KAZ" 9 CAP/IRS FUTURE LOT o W o\ z> TRACT ONE 12 32 24 AZ 1-X o0 z w c;n�w -e00 33 32 I \w 10 22 31 Tl CAMDEN IIw 34 \ J�W� N .> 7 } W (n>W UO� z 8 PARC,PHASE 0 L�QU)�--0 l- 31 7 15 > �- JNw}w_zzca p 2 co Oz1wwzooc? 10 Q U-,`qU=��I-o \ PUB 11 38 35 23 30 /\ 25 �j I--Q>1=r�Vl I O o \ L) 00 << mzo \ CAP/IRS m \ 26 7 CALLED: � IX 00 p Lu Z Z 9 o \ (�M) S 88°26'14" E 410.59' „KAZ„ - 11 m 24 / 29 / CAP/IRS _ 9 I- _z o � : s Cn 1/2"IRF � 10 � II 9 16 � p `�C� 34 CAP/IRS AZ SANNA 190,5 p Q N SOONER CT. . O0 \ 9 0 O 25 \/ 28 "KAZ' �v� 6 - 30 - z \ 12 9 39 OGQT / 33 26 \ `-� QP��PJl LLC 00 DOC NO 0 8 28 I 17 I I� 00 THE REM I DER OF A TRACT OF LAND . v� 5 20140422000386740 p \ a AO 13 8 40 DESCRIBED IN A DEED O 32 27 27 L6 Q I 29 22 21 20 19 10 G -A v< ANNA 1 0, LLC 11 � 7 \ O 18 O < 14 /INSI `11110. 2014-0 00038 4 28 G P/IRS 4 27 28 I 11 \ Q�s72N7N .C.C. 30 29 �. „K�„ ? / \ w A N_ 7 N 31 CAP/IRS 10 3 O 26 \ v \ Nam\ m 15 O 1 KAZ" U O 6 24 PVRpvE 12 C� O 2-X 7 16 5 4 3 2 \ PARK AVENUE 13 9 2 5 C9M@�i \ 25 14 C 3 2 DETENTION POND TA / O 6 15 CAP/IRS 1 �GF \ O 1 TRACT 1 16 AP/IRS AZ s �� AP/IRS 4 �VF 4 (PRIVATELY 17 7 17 "KAZ" �� \ MAINTAINED BY HOA) 0 2 / / < 18 © G 0 �, AZ" \ 3 / A CAP/IRS p AP/IRS < 20 19 GO � / 5 KAZ �z \ \ „K Z„ 7 �� \ 1 c\ Ro�,3g \\ 2 / \ CAP/IRS N 89°39'46" W 427.66' CAP/IRS 11 G O CAP/I ley oFgcq \ „K�„ << „KAZ10 �� CAP/IRS 9 1-X "KAZ' <�4�SyRorys°<gT�ti \ 1 \ 6 A TRACT OF LAND O'�1 RK MENUE 7 8 7' AZ, DRAINAGE EASEMENT 6 2 \/ 20.E Y< qOg 2 5 g ° �`Z$„ g 3 X of cogcR DESCRIBED IN A yo pP Q6• 6 L e r q F\/ DEED TO \ O \ \ r 4 O 1 17804 MAINTAINED BY HOA \ 5 "' 7 KENNETH W. N 2 3 I FUTURE LOT 1-X 3 spgT g O'NEAL \ j O CAMDEN PARC, © 4 TRACT F LAND\ \ uRVEY, VOL. 2874, PG. 62 �� I CALLED: 57.48 PHASE 2 - L. D ENTU E ANNAID48, LLC \ \ \ C. gRp,NTLCT # 4 O.P.R.C.C.T. \ NST. NO: 3 I n ACRES \ L N COUNTY, TE)(AS 1/2"IRF CAP/IR \ I o1 ANNA 190, LLC 7 201 20800 534600 . CO AZ I PND STREET 1 DOC NO \� D. C.T. 2 \ N� 20140422000386740 I 09� 1 /\ \ y-A \ I 9 8 \ Fy \ / All that certain lot, tract or parcel of land lying and being situated in Collin County, Texas and being a part of the Josiah C. Brantley Survey, Abstract number 114, and 7 5 I \ \ IEN PPRG \ I 8 \ being a part of that called 57.48 acre tract of land conveyed to Anna 190, LLC by deed recorded in County Clerks File number 20140422000386740, Official Public y \ I �� \ 6 I 9 \ Records, Collin County, Texas and being all of that called 23.357 acre tract of land described in deed to Spring Lakes Estates Joint Venture recorded in County Clerks 0\ l \ I I 4 I \ ` \ 10 \ \ File number 20140827000923080, Official Public Records, Collin County, Texas and being all of that called 48.004 acre tract of land described in deed to Venture � I 2 3 / 4 \ Anna 48, LLC recorded in County Clerks File number 20151208001534600, Official Public Records, Collin County, and being more fully described by metes and 20 I I I \ 1A TRACT OF LAND f ESCRI ED GANGER AVE• OL,q bounds as follows; 1 r IN AIIDE--ED O 0,�. TKO 12 O h� \ I \ O 3 2 VNTURI�ANNA 48, LLC O',C�-�'jS, 2 \ oQ �. BEGINNING at a %inch iron rod found in the Easterly line of a tract of land conveyed to Dallas Area Rapid Transit by deed recorded in Volume 5443, Page 5532, \ I 4 \ �ttVST. NO. 2015-12080015346 0 12 W /i�. %j� \ �� �� \ Deed Records, Collin County, Texas and also being the most Westerly Northwest corner of said 57.48 acre tract; 1 6 5 I. O.P C.C.T.:P ST G' J 3X \ / I 7 1 I THENCE South 88 degrees 26 minutes 13 seconds East, 410.59 feet to a capped iron rod set stamped "KAZ"; /2" IRF \ 9 8 I J� I O 10 FS \ QJ 10 I \ 9 THENCE South 11 degrees 17 minutes 32 seconds East, 384.05 feet to a capped iron rod set stamped "KAZ"; S 78°4 '28" W 1.30' I \ i 8 13 \ 2 �� \ g pp p OF CORNER I GER PEE I \ I 4 5 g 7 GIN I I \ 01P THENCE South 78 degrees 42 minutes 28 seconds West, 12.17 feet to a capped iron rod set stamped "KAZ"; 11 � © h \ 2 3 I I 14 \ \ 1 THENCE South 11 degrees 17 minutes 32 seconds East, 170.00 feet to a capped iron rod set stamped "KAZ"; 26� 1 I I 29 28 27 / THENCE North 78 degrees 42 minutes 28 seconds East, 906.77 feet to a capped iron rod set stamped "KAZ" at the P.C. of a curve to the left whose long chord bears, \ 1 \ 30 \ 15 North 70 degrees 43 minutes 06 seconds East, 262.70 feet; 33 32 31 12 \ 25 A TRACT OF LAND THENCE along said curve whose radius is 945.00 feet and an arc length of 263.55 feet to a capped iron rod set stamped "KAZ"; \ / \ 52 26 34 DESCRIBED IN A DEED TO I \ I 16 THENCE North 62 degrees 29 minutes 07 seconds East, 12.15 feet to a capped iron rod set stamped "KAZ"; \ / \ 2 14 24 SGE ST• THE NICID LIMITED / A THENCE North 27 degrees 16 minutes 17 seconds West, 119.95 feet to a capped iron rod set stamped "KAZ"; \ 2 25 17 PARTNERSHIP n / DOC# 2005-33999 / THENCE North 62 degrees 43 minutes 43 seconds East, 18.91 feet to a capped iron rod set stamped "KAZ" at the P.C. of a curve to the left whose long chord bears, 15 3 23 51 35 7 GA 22 O.P.R.C.C.T. North 54 degrees 33 minutes 00 seconds East, 64.02 feet; \ 18 6 24 y \ 50 / g � �o�. THENCE along said curve whose radius is 225.00 feet and an arc length of 64.23 feet to a capped iron rod set stamped "KAZ" at the P.R.C. of a curve to the right 16 4 22 36 \ �� 19 9 / whose long chord bears, North 52 degrees 36 minutes 29 seconds East, 28.14 feet; / 23 � y\ CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C1 945.00' 263.55' 262.70' N 70'43'06" E 15'58'46" C2 225.00' 64.23' 64.02' N 54'33'00" E 16'21'25" C3 178.33' 28.17' 28.14' N 52'36'29" E 9'02'58" C4 455.00' 295.39' 290.23' N 45'07'46" W 37'11'48" C5 740.00' 801.16, 762.60' S 57'08'04" E 62'01'53" C6 859.99' 441.74' 436.90' S 40°50'02" E 29-25-50" LINE TABLE LINE BEARING DISTANCE L1 S 78'42'28" W 12.17' L2 S 11'17'32" E 170.00' L3 N 62'29'07" E 12.15' L4 N 27'16'17" W 119.95' L5 N 62'43'43" E 18.91' L6 N 28'54'42" W 50. 10' L7 N 27'30'53" W 47.66' L8 N 63'43'35" W 118.99' L9 N 49'39'00" W 19.40' L10 S 88'13'33" E 137.77' L11 S 26'07'04" E 148.69' L12 N 35'08'36" E 36.87' / 5 / 9 8 THENCE along said curve whose radius Is 178.33 feet and an arc length of 28.17 feet to a capped Iron rod set stamped KAZ ; 17 \ / 5 21 49 37 \ / 22 D 20 \ THENCE North 28 degrees 54 minutes 42 seconds West, 50.10 feet to a capped iron rod set stamped "KAZ"; / \ 7. 48 y� / 4 10 7 THENCE North 27 degrees 30 minutes 53 seconds West, 47.66 feet to a capped iron rod set stamped "KAZ" at the P.C. of a curve to the left whose long chord bears, \ 6 20 / 38 21 6 North 45 degrees 07 minutes 46 seconds West, 290.23 feet; 18 L � 3 11 5 THENCE along said curve whose radius is 455.00 feet and an arc length of 295.39 feet to a capped iron rod set stamped "KAZ"; 1 \ 7 O D 47 p 39 � / CAP/IRS �j 19 Vo19 / \ 4 © „ AP/IRS THENCE North 63 degrees 43 minutes 35 seconds West, 118.99 feet to a capped iron rod set stamped "KAZ"; 2 / / 12 3 THENCE KI th 49 d 39 t 00 d W t 19 40 f t t d' d t t d "KAZ" \-7 / 18 g 46 40 \ \ or egrees menu es secon s es , . ee o a -Hp,pe Iron ro se s ampe � / 20 / 1 2 THENCE North 35 degrees 34 minutes 23 seconds West, 332.73 feet to a capped iron rod set stamped "KAZ" in the South line of Lindsey Lane; / 4- \ 45 21 Called: 9.240 9 \ 41 / 1 THENCE along said South line, South 88 degrees 13 minutes 33 seconds East, 137.77 feet to a capped iron rod set stamped "KAZ" at the P.C. of a curve to the right Acres 17 \ V \ whose long chord bears, South 57 degrees 08 minutes 04 seconds East, 762.60 feet; Dallas Area -, 44 13 Rapid Transit C 10 16 / 42 \ O / \ I THENCE along said curve whose radius is 740.00 feet and an arc length of 801.16 feet to a capped iron rod set stamped "KAZ"; Vol 55532Page �U? 22 / / 43 ���OP 11 12 THENCE South 26 degrees 07 minutes 07 seconds East, 148.69 feet to a capped iron rod set stamped "KZA" at the P.C. of a curve to the left whose long chord bears, 11 O \ South 40 degrees 50 minutes 02 seconds East, 436.90 feet; 23 15 / Qv1 10 A TRACT OF LAND / 9 DESCRIBED IN A DEED TO THENCE along said curve whose radius is 859.99 feet and an arc length of 441.74 feet to a capped iron rod set stamped "KAZ"; 14 degrees 08 minutes 36 seconds East, 36.87 feet to a \ 12 \/ \ THE NICID LIMITED I THENCE North 35 de capped iron rod set stamped KAZ"; / 7 1GJGJ DOC# 2005-33999 THENCE North 01 degrees 46 minutes 56 seconds East, 814.25 feet to a capped iron rod found at the Northwest corner of said 23.357 acre tract; O.P.R.C.C.T. 25 / 13 \ 6 1 �j THENCE South 88 degrees 15 minutes 35 seconds East, 1132.55 feet to a capped iron rod set stamped "KAZ" at the Northeast corner of said 23.357 acre tract; 5 THENCE South 01 degrees 48 minutes 52 seconds West, 792.74 feet to a capped iron rod set at the Southeast corner of said 23.357 acre tract; 26 \/ \ 4 cJ \ \ THENCE North 89 degrees 39 minutes 46 seconds West, 427.66 feet to a capped iron rod set at an angle point of said 23.357 acre tract; \27 2 3 I THENCE South 35 degrees 49 minutes 57 seconds West, 1261.56 feet to a capped iron rod set; 1 THENCE South 63 degrees 45 minutes 09 seconds West, 1558.68 feet to a capped iron rod set at the Southwest corner of said 48.004 acre tract and being in the East line of D.A.R.T. Tract; 29 THENCE along said East line, North 22 degrees 12 minutes 01 seconds West, 1278.03 feet to the Northwest corner of said 48.004 acre tract and the Southwest Icorner of said 57.48 acre tract; 30 THENCE continuing along said East line, North 22 degrees 12 minutes 45 seconds West, 952.65 feet to the PLACE OF BEGINNING and containing 95.85 acres more or less. I CAP/IRS "KAZ" CO. N KENNETH A ZOLLINGER <`° q 5312 OFESS�O� .O 1720 WESTMINSTER DENTON, TX 76205 (940)382-3446 JOB NUMBER: 140544-27 DRAWN BY: ASW DATE: 9-22-017 SURVEYING R.P.L.S. KENNETH A. ZOLLINGER TX FIRM REGISTRATION # 10002100 EXHIBIT B t \ VV V \ 24' CONCRETE ROAD SECT ' ' o Y ASPHALT TRANSITION I I 1 1 1 1 11 I I 1 1 1 11 I I I 11 MIVA v -1 Af L100,000, CAMDEN PARC PHASE 1-1 A WrIUMwI CAMDEN PARC PHASE 2-2A l a a ,CAMDEN PARC PHASE 4 y 1Y a Y 1• AVV WE I ►©vyM I 000 EXHIBIT C u AS,PHALT TRANSITION „ , .----- --- • a CAMDEN PARC PHASE 1-1 A CAMDEN PARC PHASE 2-2A l a „ ,CAMDEN PARC PHASE 4 WE 000 EXHIBIT D EXHIBIT E -a «A�--- As 0 1 tttttttttttt'� C.R. 376 EMMMonosot■tovAr OABJERI CE"R-E EI', M., A `=i L".Z M" H. A-, A AI- EXH IS] T�matN F! 11 D.I. N, =1111,111-1.111, 'I', �,III A j.`E A. ........ .. ..... ..... ... ....................... :E- -11-1 IIHIAIL 'A - .1 AII11- IEI. I'D AIN- HNIbwnaanmwaxraaL --sate - IN yCmane IN 11 ILNHA NII.II 1. .111-- '2'..N ",A- E.L" A, I I A. THSH N, B N, N, ...... .... -EA---- THEN ........ .... THMILE.- THENLI 1.11 I-11-A 11 IL'.. 11 N L-I lvo -111. 1. I-L. .-SAL HIT - HE "H: N-�, siAMPED N IKON NDDI '11A11T1,1 IT_1N111III =IAN .ES. ON. TGD M�, 1-1 NS. -A z"'Am" ALIDATEE AS ETA- T.- "AT N," v; - S - No,�H oar IT .1 L---------- ONLINANEGE NEXDEFINE=,,.8 NI�O TO BE 'HICOE THE , 2% ANH.. CH =H A, ar T-DE E-11 I -Al- N 11 A." I. ..... SHILIN 01 11111L 1111 .1 SAID MAI, 1.Z.Z. I ..... ".H., HN.. I E-H 3� TH, HIGH F T HIS R HAL PLAT IS TO CREATE 78 E Lo S . ...... II. 1. A 6 HIGH MASTS. ASFEHC1 AID AN B WIS S-11-RAIL SECURED A T-1. S-1. I-II.L. .1 IN 1- 111,­ 111 tIAI raalloa .­11., 5. 2. 1 D""(S) U11- -R. TO BE ILATTED ALOND ALL STREET 2.,1sq gT. HDE lA -1. .1 NLI 1- ­11- NLO, y' ,,NOD,R=AIIES ILLBEALL-GINTISORNIGIR "A -AD 17. IRON RESIDENTIAL LOTS 1-1. BLOCK A A, LOTS -IL BLOCK 8 1H T-1 I -I T ........ dO,.E RRI R.1.1.(S) All LIT 11 ITAIIADE P111) M 'I 1 1 114 A l. T 1. 11 IOSEII 11LL I LANIIDA�ID%IIEI�IEIT AL-011 LILIDEBYwm TN-E I.I. ...... LANE A _L BE ".AT, y I -ID. 11-1 -N- I D. RET111ING IIIALLS INSLL NOT 11 MAINTAINED 11 THE TRY N� INLI 11-1 .1 SLIN 1- OF A"A TH-E -IN-1 1 11 ILIS Il- NA1 ear, I, I-ITNI. F, THINKEH-N-L"I'AIII.111,1111-1 HI 11 11 T-E ELAI, -1 .1wawa NA LA HH, I'll, wu . . ......... S SIR N I.EHLE IN-1- 'IA'S -D warren nud.vusnnwvl sIS.xst- .,A pi rw I OWNERS DEDIIATI� ALL El �1 INIMI IREEOINIL I,- HIM, I 11,1111111­­ D-TEl NAND I ANNA-1 E �A �All 'NI'LL N-ALI. L. HIS L41-1115-S All .1 .... . ....... 'AL,A-I­- -I M.11 1 -111 CERTIFICATE 01 1111-S -IE A ITATI 11-Al 7­1 1 vpprvveauaeln<^ito all 1NNI,, vralm,nw.wW.npMwremwaaw,vlm ay Ana. Tone. D.LN-D-H TANI M111N.11 1.1�IRI.U�INNR, REGISTERED 11111EEIDNAI, LAND SHRIGION DO NEIEBI DER11 THAT INS 11T -S IREWIRED ISO. AND Su- .,I..dIl_ T1AII.I11--A,_,,,NL ANE N, Lw 4- WITH THE IRIINANCCS .1 IS TRY OF AMILL, TOLLIN COUNTI. TE,,AE SUPERVISION IN ADDIRDANITEIAT THE NONLIMENTS 1IRE11 WFIG F11NR OR -El WITH 11- IRON RIIS CAPPEI NlS UNDER W OBBEHOLON AND oWNEN I -AL 1 01 ELININ I 'AT A --LA-011 LIHLEIA IN .. E. IELLOTHA,ZOLLICE. DATE ITSEE, I 1A AAD,�T"TEHLI'."A -I AD '1-'E%,. REDN BE A. T. 11 T", =�AALA 111T HE 1111LITHE IAII 111 -1 1111.NES AN. L.11SID- TREN­ LOT LOT O.D., � D-S .1. .1 -THE T) BEFORBIL81S. TIE UNIBISIGNED AUTHOR- ON THIS DAY "I'll-APHEARES D-ETH A. IIIIIIER. INCAMN TOME TO BE TIE IERSIN "ISE NAME IS C, )ED I E THAT NORHE E)HECUTED THE SAME FOR THE PURPOSES AND CONSIDERATIONS THEREIN CA 7E0STHEFQNRD�,IIIHE 111111ENT.ANDACHICIIEDISOT PS N, DAIADI THEREIN STATED GIVEN ULDER Ill ND All SEAL S1 TH-1110E THIS _ DAY 01_ 2017. L -J L- �-j i . B..- -BE. I'L T NOTARY LU LIT, TOIHI, 1-1. D E. 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N ❑ RTH LOT, COLLIN COUNN ESTATES OT3 LOT2 COLLIN COUNTY ESTATES COLLIN COUNTY ESTATES 1.52, Aves owxERsc EXHIBIT F (UNRECORDED) (UNRECORDED) (UNRECORDED) powerslream Real ESIDIB' nao nB saa lNo.,+a, gown eounly Texosanebaln ap narinc Ilea s],ao<ruradwlam mmeyeamArau 1. LLCMaeee,emreeaH AUGUSTINE J. LISAI - CC FILE NO. 96.0o32196 Paanere LP GLYNDA L. YOUNG I vI VOI.604S, Pg. 2931 SHARON J. VAN LIEW CC FILE N0.96 D.FO,C.T,10, NST.NO. Bd]BB 6elno more Iuvy aesu,bea by males ana bcunes as ronmvs, Inswmnnl camber 2Bt4odzlEEBsesTdKcal p vR mres. cairn eounry. i.va. vna .wypa90 s+,0ma Rz"m, rawemmV. T.1.11Ia.",B` u uaanmsl"rner"IaaN211, SIZ Nacl.som. 19 uolnlorcecu0a ormacealomae e,e y ae s,5,c unry Roaa«6ae tlCDunry Rme9 , ` D.R.G. C.T. I 200fi04170.0505180 D.R.CC.T. D.R.C.C.T. 00 iHEucEseuueseeorm. es mina,ea 32 s.conas wesl.,zdT+s,oel,o pP almn roa s.tdln. POIMOF BseluNlue rr lne Horan eeznaee,mcr, —..L..—.. os.—..� EY LANEyam"--� L��aeaomin�e„s,.2.HII,eee,<ra,o POC �—. .�—..—..—. 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I Y 9 5 q p p p V p mo• I I i em Yi 9 r < ae , cnrn.z O a /' \ `SeM \ 112 \`(/ YP Y . .x.,a"mml„nall.NomDaae aaau"na a,aan wom"9apocomr.orewux^anam dqm, , 29 t F R \ n \ s ,a� � Td s v, '� aoan sno "rams rwieraervl", aoe wasl ,. lar ms oom irvo manic lno "re cra mn r o a s.m "w a li o,n"deca"puo"maam aaemon"I eaan"ems ono"ommoe seal no edar,m"ea bvl nrlmalme as mslanca. m,Pidaooro.ae sager to a11 pwllinB oraman"s,rma,,r.Bmauons. ana r.sauumscl ma G1YOI Al"a, Teas. 1 ° urn r, pee BBS wITxEB9.mYNan 29 nNUA,eo, Ecc '^,.2VJSF OWNER STATE .1 B N,.as // \ ` �a1 THE REMFINDER OF ATRACT OF LAND DESCRII E DIED TO / zB .� dw SeJ.y J''�\ ANNA 190, LLC w,"^'O ,ery /- INST.N0.2010.042200038fi]40 oN CDBNT,OF PER11N 11ENAME[I—SC IDED TO TTEFIRECOINCOAINITRIMEN1 AND ACRNowo"DCED 11 MEr T HEISHEExECUTEOTIEs EFORTI RPO5ESN9le DERArIOxS THEREw. ETHE 1TNEssI I DR, C.0 T. \V\/\'�(�\ T.2o%9F _ \ NGrAaYu THESTArE IF PSL,+bG3 i onINISSIDNE%FISPIREB r 1 ,ul \ . CO..,STATE O S IETEREDPROFESSIONALLANDSDA-11,DDHEREBYCERTIFYTHATTHISPLAT WASPREPAREDFROM AND ACTDALSOR­ NAGSDNTHE GROGNDABIT TBE =EN7SSIiDA111 EIN 'ERE FOUND OR PLACED 11TH TO- SIN ROIS CAPPED 'KAZ' UNDER MY "DOCTOR AND SIPER111101 11 ­01MICEV41N — ODDINANCEA 11THECJ1Y­. ---- ----r NENNETHA.B.LLINGEB R.P.L.S.BB3„ BATE r—TsLOT cLOT� j M1ee m.,.l I,.m ;I yl 5 coUN,Y F INSTRULIENi AND ACxNDWLEODED To,METIBDx THIBDAY PERBDNAUY APPEARED NENxsrx A.ESINCEo ISTEPNOIN ToNSTo IETHE TlEEBroiHEFaREGowe L—zroy_JL-+-J � AT nErSHEExsCuisD TxEEAdEfOR TnEPURPosss ANOC NSIDERATION3THEREiN EttP EssEDANDIxiHECAPACInrHEREIxsTATEB. OINEN UNDER IAYnANO ANOSEAL 11THEOFFl1ET1E Y ,, FINAL PLAT CAMDEN PARC IN ANNA PHASE 1A BEING 11 RESIDENTIAL LOTS OUT OF 2.06 ACRES IN THE J.C. BRANTLEY SURVEY, ABSTRACT NO. 114, CRY OF ANNA, COLLIN COUNTY, TEXAS. IMPACT FEE CREDIT APPLICATION 1. Legal corporate or business name of the Developer/Owner: Anna 190. LLC a Texas limited liability company 2. Name and title of the person with authority to execute the Impact Fee Credit Agreement on behalf of the Developer/Owner: M. T. Akhavizadeh 3. Name of Development: Camden Park, Phase 1. Attach as "Exhibit A" a legal description of the property or new development for which the impactfee credit would be applicable. 4. Capital Improvement facilities for which impact fee credits are claimed: Lindsey Lane paving improvements and 12" water line upgrade and axtension. Attach as "Exhibit B" design or construction plans of the Capital Improvement facilities for which impact fee credits are claimed. 5. Estimated Construction Cost, with respect to the engineering, design, and construction of the of the Capital Improvement facilities for which impact fee credits are claimed. $658,405.26. 6. Attach as "Exhibit C" an opinion of probable cost prepared by a Texas Professional Engineer of the Capital Improvement facilities that will be constructed and for which impact fee credits are claimed. City inspection fees, and contingency estimates shall NOT be included in the opinion of probable cost. 7 ica Date IMPACT FEE CREDIT APPLICATION AND AGREEMENT— Page; I WATER IMPACT FEE CREDIT AGREEMENT CAMDEN PARC, PHASE 1 This Impact Fee Credit Agreement (this "Agreement") is entered into between the City of Anna, Texas (the "City") and Anna 190, LLC, ("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, and shall supersede any previous agreement between the Parties only to the extent that any such agreements directly conflict with the terms of this Agreement; and WHEREAS, Developer owns and desires to develop a parcel or parcels of real property (the "Property") in Collin County, Texas, which is composed of approximately 22.52 acres of land located entirely within the corporate limits of the City of Anna and is more particularly and separately orjointly described in the attached Exhibit A; 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 Developer and the City. SECTION 2 DEFINITIONS 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 standards, uniform codes, and other policies duly adopted by the City. Development means the new development on the Property that is the subject of this Agreement. Estimated Construction Cost, with respect to the engineering, design, and construction of the Water Project, means $269,084.38. WATER IMPACT FEE CREDIT AGREEMENT, CAMDEN PARK PHASE 1 Final Construction Cost, with respect to the Water Project, means the dollar amount actually paid for the engineering, design, and construction of the Water Project at the time of full and final completion, dedication and acceptance the Water Project. City inspection fees shall not be included in the Final Construction Cost. Final Credit Amount, with respect to the Water Project, means a dollar arnount equal to the Estimated Construction Cost or the Final Construction Cost, whichever is less. Water Project means the construction of approximately 3,691 linear feet of 12" water line and up -sizing from 8" to 12" approximately 1,615 of water line, and associated appurtenances, further described and depicted in Exhibit B, attached hereto. SECTION 3 GENERAL PROVISIONS. (a) Documentation of Actual Amount Paid. Once Developer fully completes the Water Project, and before the City has accepted such Water Project after inspection, Developer shall provide the City Manager with documentation reasonably acceptable to the City Manager evidencingthe Final Construction Cost. (b) Maintenance Bond. For each construction contract for any part of the Water Project, Developer or Developer's contractor further must execute a Maintenance Bond in accordance with applicable City Regulations that guarantee the costs of any repairs which may become necessary to any part of the construction work performed in connection with the Water Project, arising from defective workmanship or materials used therein, for a full period of two (2) years from the date of final acceptance of the Water Project constructed under such contract. (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, his engineer, employees, officers or agents forthe 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, his 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, (d) Insurance. Developer or its contractor(s) shall acquire and maintain, during the period of time when any of the Water Project are under construction (and until the full and final completion of the Water Project 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 assurned under any indemnification provisions of this Agreement, with limits of liability for bodily injury, death WATER IMPACT FEE CREDIT AGREEMENT, CAMDEN PARC PHASE 1 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 Water Project construction contracts, whether by Developer, a contractor, subcontractor, materialman, or otherwise. Coverage must be on an "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 Improvement 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 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 KIND 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 CONSTRUCTION OR INSTALLATION OF THE WATER 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 DEVELOPER'S DESIGN, CONSTRUCTION OR INSTALLATION OF ANY OF THE WATER PROJECT THAT ARE THE SUBJECT OF THIS AGREEMENT, NOR THE MEANS, METHODS, TECHNIQUES, SEQUENCES OR PROCEDURES UTILIZED FOR SAID DESIGN, CONSTRUCTION OR INSTALLATION. 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; (2) RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH DEVELOPMENT OF THE PROPERTY; OR (3) ARISE IN ANY WAY FROM THE CITY'S APPROVAL OF ANY TYPE OF DEVELOPMENT APPLICATION OR SUBMISSION WITH RESPECT TO THE PROPERTY. NOTWITHSTANDING THIS PROVISION OR ANY OTHER PROVISION OF THIS AGREEMENT, DEVELOPER SHALL NOT BE OBLIGATED TO INDEMNIFY, DEFEND, OR HOLD THE CITY HARMLESS FOR THE CITY'S OWN NEGLIGENCE OR GROSS NEGLIGENCE. WATER IMPACT FEE CREDIT AGREEMENT, CAMDEN PARC PHASE 1 SECTION 4 'WATER PROJECT (a) Developer Obligations. Developer shall construct the Water Project depicted on the attached Exhibit B, and all Water Improvements appurtenant to the Water Project. (b) City Obligations (1) The Final Credit Amount shall be a credit against Water impact fees otherwise due to the City from Development of the Property. The Water impact fee credit for the construction of the Water Project shall be redeemed at the time of issuance of building permits, and such redemption shall apply to the full amount of the Water impact fees that would otherwise be collected until the Water- impact fee credit authorized by this Agreement has been exhausted. (2) Notwithstanding Section 4(b)(1) above, the Water impact fee credit for construction of the Water Project shall not exceed the total amount of Water impact fees due frorn Development of the Property. (3) Notwithstanding Section 4(b)(1) above, the impact fee credit authorized by this Agreement shall expire on September 30 in the tenth year following the date the Water Project is complete and formally accepted by the City. (4) The City shall have the right to collect Water impact fees due from the Development of the Property after the credit authorized by this Agreement has been exhausted or after the credit expires, whichever occurs first. SECTION 5 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 the City Manager and the Developer have duly executed this Agreement. SECTION 6 TERMINATION This Agreement and all obligations of the Parties hereto, shall terminate upon full performance of the terms of this Agreement. SECTION % SUCCESSORS AND ASSIGNS (a) All obligations and covenants of Developer under this Agreement shall constitute covenants running with the land, and shall bind Developer and each successive Developer of all of any portion of the Property. WATER IMPACT FEE CREDIT AGREEMENT, CAMDEN PARC PHASE 1 (b) This Agreement shall not be assignable by Developer without the prior written consent of the City. SECTION 8 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: Anna 190, LLC Attn. M. T. Akhavizadeh 9400 N. Central Expressway, Suite 475 Dallas, Texas 75231 (c) Cornplete 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. (d) Applicable Law and Venue. This Agreement shall be performable and all compensation payable in Collin County, Texas. Venue and exclusive jurisdiction under this Agreement lies in a court of competent jurisdiction in Collin County, Texas. (e) Severability. If any clause, paragraph, section or portion of this Agreement shall be found to be illegal, unlawful, unconstitutional or void for any reason, the balance of the Agreement shall remain in full force and effect and the unlawful provision shall be replaced with a provision as similar in terms and effect to such unlawful provision as may be valid, legal and enforceable. WATER IMPACT FEE CREDIT AGREEMENT, CAMDEN PARC PHASE 1 (f) Representation. Each signatory representing this Agreement has been read bythe party for which this Agreement is executed and that such Party has had an opportunity to confer with its counsel. (g) Consideration. This Agreement is executed by the Parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is hereby acknowledged. (h) Waiver. Waiver by either Party or any breach of this Agreement, or the failure of either Party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such Party's right thereafter to enforce and compel strict compliance of the Agreement. (i) Miscellaneous 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 accordingto its fair meaning, and any presumption or principle that the language herein is to be construed against any Party shall not apply. Headings in this Agreement are for the convenience of the Parties and are not intended to be used in construing this document. (j) No Other Beneficiaries. This Agreement is for the sole and exclusive benefit of the City, Developer and Payee and is not intended to and shall not confer any rights or benefits on any third party not a signatory hereto. (k) Binding Effect, This Agreement shall bind and inure to the benefit of the City and Developer and to any successor- Developer/developer of the Property, may be recorded in the Collin County property records, and runs with the land. (1) Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. (m) 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 between 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. [SIGNATURES PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] WATER IMPACT FEE CREDIT AGREEMENT, CAMDEN PARC PHASE 1 Developer: AONO 190., LLC M. I. AkavNgadO, its Manager IN WITi'N•ESS;WHEREOF: STATE OF TEXAS i+ 9 COUNTY OFOAVII� § Before me, the undersigned notary public, on the day of ��� , 2016, personally appeared M. T. Akhavizadeh, 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 Manager of A na 190 LLC. �;1111Ufi►10�d� Notary Public, State of xas Qp9N@RYPP�p°b©®� p CP ° e o _® ° ® E @ OFF °a WATER IMPACT FEE CREDIT AGREEMENT", CAMDEN PARC PHASE 1 CITY OF ANNA Philih Sanders, ",,City Manager IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF Lauretta Kay Blacketer y My Commission Expires .`• 04/01/2017 Before me the undersigned notary public, on the P �av day of( -�) 2016, personally appeared Philip Sanders, known to me (or proved to me) to be the person whose name is Subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as City Manager of the City of Anna, Texas. —z-nn� (zn az X Z-' , - /�' - Notar Public, State of Texads WATER IMPACT FEE CREDIT AGREEMENT, CAMDEN PARC PHASE 1 ATTACHMENTS Exhibit A —The Property (legal description) Exhibit B — Water Project WATER IMPACT FEE CREDIT AGREEMENT, CAMDEN PARC PHASE 1 OWNERS CERTIFICATE Being apart of a 57.48 acre tract of land situated in the State of Texas, County of Collin, being part of the J. C. Brantley Survey, Abstract No. 114, and being described in a deed to SHG LAND INVESTMENTS OF ANNA FIVE, LTD., as recorded in Instrument No. 20060524000707160 ofthe Deed Records of Collin County, Texas and being more particularly described as follows: BEGINNING at the most northerly northwest corner of said called 57,48 acre tract, on the South side of County Road 376, same being the northeast corner of a tract of land conveyed to T.J. Warren by County Clerk's File No. 96-0110244, Deed Records Collin County, Texas, and being in the South line of a tract of land described in a deed to Kevin Luong as recorded in County Clerk's File Number 20110803000810210 of the Deed Records of Collin County, Texas; THENCE South 89°57'48" East, with the South line thereof and along the north line of said SHG Land tract, a distance of 632.03 feet to a point forcorner In said road and being in the South line of a tract of land described in a deed to Augustine J. Lisai as recorded in County Clerk's File Number 96-0032196 of the Deed Records of Collin County, Texas; THENCE South 00°02'12" West, through the interior of said SHG Land tract, a distance of 60.18 feet to a capped iron rod stamped "KAZ" set; THENCE North 89 degrees 57 minutes 31 seconds West a distance of 21,79 to a capped iron rod stamped "KAZ" set; THENCE South 20 degrees 40 minutes 53 seconds West a distance of 176,81 feet to a capped iron rod stamped "KAZ" set at the beginning of a curve to the right having a radius of 225.00 feet an a chord bearing and distance of South 53 degrees 21 minutes 08 seconds East, 123.78 feet; THENCE along said curve an arc length of 125.40 feet to a capped irorl rod stamped ';KAZ" set; THENCE South 37 degrees 23 minutes 10 seconds East a distance of 173.97 feet to a capped iron rod stamped "KAZ" set at the beginning of a curve to the left having a radius of 175.00 feet and a chord bearing and distance of South 54 degrees 06 minutes 56 seconds East, 100.75 feet; THENCE along said curve an arc distance of 102.19 feet to a capped iron rod stamped "KAZ" set; THENCE South 70 degrees 50 minutes 42 seconds East a distance of 20.47 feet to a capped iron rod stamped "KAZ" set at the beginning of a curve to the right having a radius of 425,00 feet and a chord bearing and distance of South 50 degrees 21 minutes 01 seconds East, 297.61 feet; THENCE along said curve an arc distance of 304.05 feet to a capped iron rod stamped "KAZ" set; THENCE South 29 degrees 51 minutes 19 seconds East a distance of 14.67 feet to a capped iron rod stamped "KAZ" set; THENCE North 74 degrees 28 minutes 12 seconds West a distance of 13.53 feet to a capped iron rod stamped "KAZ" set at the beginning of a curve t the right having a radius of 775.00 feet and a chord bearing and distance of North 61 degrees 56 minutes 32 seconds East, 27.79 feet; THENCE along said curve an arc distance of 27.79 feet to a capped iron rod stamped "KAZ" set; THENCE North 60 degrees 54 minutes 54 seconds East a distance of 31.06 feet to a capped Iron rod stamped "KAZ" set at the beginning of a curve to the left having a radius of 175,00 feet and a chord bearing and distance of North 53 degrees 23 minutes 12 seconds East, 45.86 feeet; THENCE along said curve and arc distance of 45,99 feet to a capped iron rod stamped "KAZ" set; THENCE North 45 degrees 51 minutes 29 seconds East a distance of 18.31 feet to a capped iron rod stamped "KAZ" set; THENCE South 29 degrees 19 minutes 41 seconds East a distance of 51.66 fee! to a capped iron rod stamped "KAZ" set at the beginning of a curve to the right having a radius of 225.00 feet and a chord bearing and distance of South 52 degrees 44 minutes 11 Seconds West, 64,02 feet; THENCE along said curve an arc distance of 64.23 feet to a capped iron rod stamped "KAZ" set; THENCE South 60 degrees 54 minutes 54 seconds West a distance of 18.91 feet to a capped iron rod stamped "KAZ" set; THENCE South 29 degrees 05 minutes 06 seconds East a distance of 119.85 feet to a capped iron rod stamped "KAZ" set; THENCE North 60 degrees 40 minutes 19 seconds East a distance of 82.82 feet to a capped iron rod stamped "KAZ" set; THENCE South 29°19'41" East, a distance of 168.19 feet to a capped iron rod stamped "KAZ" set; THENCE South 24"18'44" East, a distance of 195.23 feet to a capped iron rod stamped "KAZ" set in a South line of said SHG Land tract and being in the North line ore tract of land described in a deed to Anna Economic Development Corp., as described in Volume 5813, Page 2769 of the Deed Records of Collin County, Texas; THENCE South 76°53'33" West, with the common line thereof, a distance of 198.60 feet to a capped iron rod stamped "KAZ" set; THENCE North 55°26'11" West, a distance of 146.08 feet to a capped iron rod stamped "KAZ" set, said point being the beginning of a non -tangent curve to the left having a radius of 50.00 feet and a chord bearing and distance of North 42°19'56" West, 97.40 feet; THENCE Northwesterly along said curve to the left, an arc distance of 134.21 feet and a chord bearing and distance of N 42'19,56" W, 97.40 feetto a capped iron rod stamped "KAZ" set; THENCE North 21°39'09" West, a distance of 101.21 feet to a capped iron rod stamped "KAZ" set; said point being the beginning of a non -tangent curve to the right having a radius of 945.00 feet and a chord bearing and distance of South74°33'59" West, 76.77 feet; THENCE Southwesterly along said curve to the right, an arc distance of 76.79 feet and a chord bearing and distance of S 74°33'59" W, 76.77 feet to a capped iron rod stamped "KAZ" set; THENCE South 76°53'40" West, a distance of 906.77 feet to a capped Iron rod stamped "KAZ" set; THENCE North 13°06'20" West, a distance of 170.00 feet to a capped iron rod stamped "KAZ" set; THENCE North 76°53'40" East, a distance of 12.17 feet to a capped iron rod stamped "KAZ" set; THENCE North 13°06'20" West, a distance of 384.05 feet to a capped iron rod stamped "KAZ" set in the South line of said Warren tract; THENCE North 89"44'59" East, a distance of 34.19 feet to a capped iron rod stamped "KAZ" set for the Southeast corner of said Warren tract; THENCE North 00'14'05" West, along the east line of said Warren tract, a distance of 603.25 feet to the PLACE OF BEGINNING and containing 981,061 square feet or 22.52 acres of land more or less. MATCH LINE - STA 25+00 SEE THIS . EET ' ^4'hPl1kN IL`L 10' YPARATIOn UFL I"L L E G E PROP, WI {>} PROP, Fit H PROP. V) ma=� PROP. Sl ----- PROP. S! Q PROP, Sl b PROP, Sl PROP. S' ¢ EX, FIRE © Ek SAND F-- PROP, SI \ O PROP. V /// '� L%W Z2 D NON U., C ntl l•lwnEp OtON I 19PE O 7 A /! o AIR VEiv1T r:.r.s. PLAN VIEW rI.TS. Q o i' DIA UH l33 pao --25'VIA E:la. \�� w w• n, �N /9I IP;1. Id YPADAT,CN [k, 29' PO.iIR Lr5 — •-• -• — \\ `, , STA 3+15.24 SYlR LINE H CONST 5' DIA MH o RIIR=717.01 N . xs hl \ x\ STA 1+14.27 St1R LINE H \= o MIST 5' DIA IN S 1 ro o too o r F'C=�4]S.PS a STA 0}00.00 SYrft LI4E H _ CONST 5' DIA LIH RM=7)6.27 t.0 E 1 �RAYligSl R°V. 10' 4`3k9AiICA' ' ID TALL 12•" k"1ATEfl� �CONU io IX ..{ ELi_1vATrKR� P/ e=� Q ll F RDs ��d?fA•y 1 \� CAUTIO Existing ua S gra f utililles. Can-o locad-ns and held V. dspth andslzes I SS"`y utilities prior to o°ortai1 I sev. 1;i r I I _ Sever I C x15;NG DWDES Awl _ LOCAICD TFOR RETTAER( Vialet NaIN — 5' 11E ERG:REER ODES n01 � A" ra'PE RYCth 1T4DCALLY THE LOCATtC CONSigUC110N, 10 TATT j EJ,TOM ICR O, AND TOP !ol I t I r tdiN NSDNO FMARCS p: UD"DES FROM DAU.A� Ensinc unmRS Tuni rat .4aniI I nca tIn Fi L L AD \LiCJ C �L o C C�v=YJIAW E- J •r7� w�o.�c O1 W �✓ F N S 1 �n - N Lw a re �� 08 l cN ^L� o O F� e per'� AA� F >'' Jrl U) Cli V c> cS cU [� +-T O U env, �CDDY D, CRANPoEIL -4•,, tO5947 Y=i�•�i "EN°� Ib1I.20I5 REVISIONS Updated Water 8-26-15 Updated Water 11.10-15 Updated Offslte 11-11-15 DESIGN: ccM DRAWN: CCM DATE: 11/1D2015 SCALE: NOTES: FILE: Sheet 18 of 24 ANNA GAMDEN PARK, PHASE I ESTIMATE FOR CITY REIMBURSEMENT Item No. Description Cost/Unit Unit Total Revised Quantity Revised Contract Amount Storm Sewer, Improvements C01 C-3x7 RCB $364.00 FT 174.00 $63,336.00 C01 C-3x5 RCB $220,00 FT 541,00 $119,020.00 C01 C-30" RCP $62.00 FT 87.00 . $5,394.00 C01 C-21" RCP $392.00 FT 69.00 $2,208.00 C01 C-10' Curb Inlet $3,000.00 EA 1.00 $3,000.00 C01 1C-4x4 Wye Inlet $3,200.00 1EA 1 1.001 $3,200.00 Water Improvements C01 C-12" Water Line (offsite) $42.00 FT 2777.00 $116,634.00 C-12" Water Line (Lindsey) $42.00 FT 914.00 $38,388.00 C-12" Water Line (onsite delta) $12.00 FT 1615.00 $19,380.00 C01 C-12" Gate Valves $1,750.00 EA 8.00 $14,000.00 C01 Total Ductile Iron Fittings-43 EA $3,500.00 TONS 5.75 $20,125.00 C01 C-Connect to Existing 12" Water Line $1,500.00 EA 2.00 $3,000,00 C01 C-REM and Rep. Concrete Paving for Water Line Connection at Grand View and CR 376 due to stub out not being at location per as builts $10.00 SQ FT 253.00 $2,530.00 C01 B-WL-REM and Rep. Paving-Ashpalt $10.00 SQ FT 212.00 $2,120.00 C01 WL-Traffic Control $1,500.00 EA 1.00 $1,500.00 CO2 Remove and Replace Wood Fences for offsite 12" water line installation $35.00 LF 86.0,00 $30,100.00 CO2 Re -sod Backyards after offsite 12" water line is installed $5.50 SY 1500.00 $8,250.00 Paving Improvements 2 Offsite Pavement CR 376-CR 427 $37.50 SY 1919.00 $71,962.50 3 Offsite Lime Stabilization $2.00 SY 1919.00 $3,838.00 4 Offsite Lime $165.00 TONS 36.00 $5,940.00 CO2 Lindsey Lane Asphalt $46.50 SY 1303.00 $60,589.50 CO2 6" Road Base Driveways $47.50 SY 154.00 $7,315.00 CO2 Remove Existing Road and Revegetate with Seed or Sod $2.00 SY 2338.00 $4,676.00 CO2 Lindsey Lane 8' Wide Sidewalk $32.00 LF 600.00 $19,200.00 CO2 Connect to New Asphalt to Existing Pavement $15.00 LF 50.00 $750.00 Subtotal Storm Sewer Improvements $196,158.00 Subtotal Water Improvements $256,027.00 Subtotal Paving Improvements $174,271.00 Engineering Design 5.109/, % $626,456,00 $31,9.49.26 GRAND TOTAL $658,405.26 . ,? y b cr411 F f A/ r IMPACT FEE CREDIT APPLICATION 1. Legal corporate or business name of the Developer/Owner: Anna 190. LLC a Texas limited liability company 2. Name and title of the person with authority to execute the Impact Fee Credit Agreement on behalf of the Developer/Owner: M. T. Alchavizadeh 3. Name of Development: Camden Park, Phase 1. Attach as "Exhibit A" a legal description of the property or new development for which the impact fee credit would be applicable. 4. Capital Improvement facilities for which impact fee credits are claimed: Lindsev Lane paving improvements and 12" water line upgrade and extension. Attach as "Exhibit B" design or construction plans of the Capital Improvement facilities for which impact fee credits are claimed. S. Estimated Construction Cost, with respect to the engineering, design, and construction of the of the Capital improvement facilities for which impact fee credits are claimed. $658,405.26, G. Attach as "Exhibit C" an opinion of probable cost prepared by a Texas Professional Engineer of the Capital Improvement facilities that will be constructed and for which impact fee credits are claimed. City inspection fees, and contingency estimates shall �hQjbe included in the opinion of probable cost. ate IMPACT FEE CREDIT APPLICATION AND AGREEMENT — Page 3 ROADWAY IMPACT FEE CREDIT AGREEMENT CAMDEN PARC, PHASE 1 This Impact Fee Credit Agreement (this "Agreement") is entered into between the City of Anna, Texas (the "City") and Anna 190, LLC, ("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, and shall supersede any previous agreement between the Parties only to the extent that any such agreements directly conflict with the terms of this Agreement; and WHEREAS, Developer owns and desires to develop a parcel or parcels of real property (the "Property") in Collin County, Texas, which is composed of approximately 22.52 acres of land located entirely within the corporate limits of the City of Anna and is more particularly and separately or jointly described in the attached Exhibit A; 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 Developer and the City. SECTION 2 DEFINITIONS 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 standards, uniform codes, and other policies duly adopted by the City. Development means the new development on the Propertythat is the subject of this Agreement. Estimated Construction Cost, with respect to the engineering, design, and construction of the Roadway Project, means $389,320,88. IMPACT FEE CREDIT AGREEMENT Final Construction Cost, with respect to the Roadway Project, means the dollar- amount actually paid for the engineering, design, and construction of the Roadway Project at the time of full and final completion, dedication and acceptance the Roadway Project. City inspection fees shall not be included in the Final Construction Cost. Final Credit Arnount, with respect to the Roadway Project, means a dollar- amount equal to the Estimated Construction Cost or the Final Construction Cost, whichever is less. Roadway Improvements means 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, of the portion of Lindsay Ln. that is the subject of this Agreement. Roadway Project means the Roadway Improvement for Lindsay Lane from approximately 600 feet east of SH 5 and traveling east approximately 674.55 linear fee, also depicted as Station 0+00 to Station 6+74.55 on the civil engineering plans for Camden Parc in Anna on file win the City of Anna Public Works department, further described and depicted in Exhibit B, attached hereto. SECTION 3 GENERAL PROVISIONS. (a) Documentation of Actual Amount Paid. Once Developer fully completes the Roadway Project, and before the City has accepted such Roadway Project after inspection, Developer shall provide the City Manager with documentation reasonably acceptable to the City Manager evidencing the Final Construction Cost. (b) Maintenance Bond. For each construction contract for any part of the Roadway Project, Developer or Developer's contractor further must execute a Maintenance Bond in accordance with applicable City Regulations that guarantee the costs of any repairs 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 (Z) years from the date of final acceptance of the Roadway Project constructed under such contract. (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, his 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, his 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. CAMDEN PARC, PHASE I ROADWAY IMPACT FEE CREDIT AGREEMENT (d) Insurance. Developer or its contractor(s) shall acquire and maintain, during the period of time when any of the Roadway Project are under construction and until the full and final completion of the Roadway Project 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 Roadway Project construction contracts, whether by Developer, a contractor, subcontractor, materialman, or otherwise. Coverage must be on an "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 Improvement 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 DEFEND THE CITY, ITS OFFICERS, NTS. 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 KIND 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 CONSTRUCTION OR INSTALLATION 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 DEVELOPER'S DESIGN, CONSTRUCTION OR INSTALLATION OF ANY OF THE ROADWAY PROJECT THAT ARE THE SUBJECT OF THIS AGREEMENT, NOR THE MEANS, METHODS, TECHNIQUES, SEQUENCES OR PROCEDURES UTILIZED FOR SAID DESIGN, CONSTRUCTION OR INSTALLATION. 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 CAMDEN PARC, PHASE 1 ROADWAY IMPACT FEE CREDIT AGREEMENT IN THIS AGREEMENT; (2) RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH DEVELOPMENT OF THE PROPERTY; OR (3) ARISE IN ANY WAY FROM THE CITY'S APPROVAL OF ANY TYPE OF DEVELOPMENT APPLICATION OR SUBMISSION WITH RESPECT TO THE PROPERTY. NOTWITHSTANDING THIS PROVISION OR ANY OTHER PROVISION OF THIS AGREEMENT, DEVELOPER SHALL NOT BE OBLIGATED TO INDEMNIFY, DEFEND, OR HOLD THE CITY HARMLESS FOR THE CITY'S OWN NEGLIGENCE OR GROSS NEGLIGENCE, SECTION 4 ROADWAY PROJECT (a) Developer Obligations. Developer shall construct the Roadway Project depicted on the attached Exhibit B, and all Roadway Improvements appurtenant to the Roadway Project. (b) City Obligations (1) The Final Credit Amount shall be a credit against Roadway impact fees otherwise due to the City from Development of the Property. The Roadway impact fee credit for the construction of the Roadway Project shall be redeemed at the time of issuance of building permits, and such redemption shall apply to the full amount of the Roadway impact fees that would otherwise be collected until the Roadway impact fee credit authorized by this Agreement has been exhausted. (2) Notwithstanding Section 4(b)(1) above, the Roadway impact fee credit for construction of the Roadway Project shall not exceed the total amount of Roadway impact fees due from Development of the Property. (3) Notwithstanding Section 4(b)(1) above, the impact fee credit authorized by this Agreement shall expire on September 30 in the tenth year following the date the Roadway Project is complete and formally accepted by the City. (4) The City shall have the right to collect Roadway impact fees due from the Development of the Property after the credit authorized by this Agreement has been exhausted or after the credit expires, whichever occurs first. SECTION 5 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 the City Manager and the Developer have duly executed this Agreement. CAMDEN PARC, PHASE 1 ROADWAY IMPACT FEE CREDIT AGREEMENT SECTION 6 TERMINATION This Agreement and all obligations of the Parties hereto, shall terminate upon full performance of the terms of this Agreement. SECTION 7 SUCCESSORS AND ASSIGNS (a) All obligations and covenants of Developer under this Agreement shall constitute covenants running with the land, and shall bind Developer and each successive Developer of all of any portion of the Property. (b) This Agreement shall not be assignable by Developer without the prior written consent of the City. SECTION S 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: Anna 190, LLC Attn. M. T. AI<havizadeh 9400 N. Central Expressway, Suite 475 Dallas, Texas 75231 (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 the City and Developer expressly amending the terms of this Agreement. CAMDEN PARC, PHASE 1 ROADWAY IMPACT FEE CREDIT AGREEMENT (d) Applicable Law and Venue. This Agreement shall be performable and all compensation payable in Collin County, Texas. Venue and exclusive jurisdiction under this Agreement lies in a court of competent jurisdiction in Collin County, Texas. (e) SeverabilitY. If any clause, paragraph, section or portion of this Agreement shall be found to be illegal, unlawful, unconstitutional or void for any reason, the balance of the Agreement shall remain in full force and effect and the unlawful provision shall be replaced with a provision as similar in terms and effect to such unlawful provision as may be valid, legal and enforceable. (f) Representation. Each signatory representing this Agreement has been read by the party for which this Agreement is executed and that such Party has had an opportunity to confer with its counsel. (g) Consideration. This Agreement is executed by the Parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is hereby acknowledged. (h) Waiver. Waiver by either Party or any breach of this Agreement, or the failure of either Party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such Party's right thereafter to enforce and compel strict compliance of the Agreement. (i) Miscellaneous 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 City, Developer and Payee and is not intended to and shall not confer any rights or benefits on any third party not a signatory hereto. (k) Binding Effect. This Agreement shall bind and inure to the benefit of the City and Developer and to any successor Developer/developer of the Property, may be recorded in the Collin County property records, and runs with the land. (1) Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. (m) 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 between 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 CAMDEN PARC, PHASE 1 ROADWAY IMPACT FEE CREDIT AGREEMENT subsequent defaults of the same type. Nothing herein shall waive any obligations of Developer under applicable City Regulations. [SIGNATURES PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] CAMDEN PARC, PHASE 1 ROADWAY IMPACT FEE CREDIT AGREEMENT Developer: An By: M. IN STATE OF TEXAS 1 � COUNTY OF 6llfr § Before me, the undersigned notary public, on the Iq day of , 2016, personally. appeared M. T. Akhavizadeh, 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 Man16A),tu Anna 190 LLC. 4®®1o1N1611P11�/���® aw-') p��°®��®r®®® Notary Public, S to of Texas a° ° OF S 111�� 6 �019ee®®®®® lIIII CAMDEN PARC, PHASE 1 ROADWAY IMPACT FEE CREDIT AGREEMENT CITY OF ANNA Philip Sanc�pers,`City Manager IN WITNESS WHEREOF: �/M LaurettaKayBlacketer ¢ My Commission Expires 04/01/2017 STATE OF TEXAS�� f § COUNTY OF § Before me, the undersigned notary public, on the %`'-C-,J, day of r&;t&t/ V0 2016, personally appeared Philip Sanders, known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as City Manager of the City of Anna, Texas, ` J Nota4 Public, State of Texas CAMDEN PARC, PHASE 1 ROADWAY IMPACT FEE CREDIT AGREEMENT ATTACHMENTS Exhibit A —The Property (legal description) Exhibit B — Roadway Project CAMDEN PARC, PHASE 1 ROADWAY IMPACT FEE CREDIT AGREEMENT e 64 "V, QP� OOWNERS CERTIFICATE Being a partof a 57.48 acre tract of land situated in the State of Texas, County of Collin, being part of the J. C. Brantley Survey, Abstract No. 114, and being described in a deed to SHG LAND INVESTMENTS OF ANNA FIVE, LTD., as recorded in Instrument No, 20060524000707160 of the Deed Records of Collin County, Texas and being more particularly described as follows: BEGINNING at the most northerly northwest corner of said called 57.48 acre tract, on the South side of County Road 376, same being the northeast corner of a tract of land conveyed to T.J. Warren by County Clerk's File No. 96-0110244, Deed Records Collin County, Texas, and being in the South line of a tract of land described in a deed to Kevin Luong as recorded in County Clerk's File Number 20110803000810210 of the Deed Records of Collin County, Texas; THENCE South 89°57'48" East, with the South line thereof and along the north line of said SHG Land tract, a distance of 632.03 feet to a point for comer in said road and being in the South line of a tract of land described in a deed to Augustine J. Lisai as recorded in County Clerk's File Number 96-0032196 of the Deed Records of Collin County, Texas; THENCE South 00°02'12" West, through the interior of said SHG Land tract, a distance of 60.18 feet to a capped iron rod stamped "KAZ" set; THENCE North 89 degrees 57 minutes 31 seconds West a distance of 21.79 to a capped iron rod stamped "KAZ" set; THENCE South 20 degrees 40 minutes 53 seconds West a distance of 176.81 feet to a capped iron rod stamped "KAZ" set at the beginning of a curve to the right having a radius of 225.00 feet an a chord bearing and distance of South 53 degrees 21 minutes 08 seconds East, 123.78 feet; THENCE along said curve an arc length of 125.40 feet to a capped iron rod stamped "KAZ" set; THENCE South 37 degrees 23 minutes 10 seconds East a distance of 173.97 feet to a capped Iron rod stamped "KAZ" set at the beginning of a curve to the left having a radius of 175,00 feet and a chord bearing and distance of South 54 degrees 06 minutes 56 seconds East, 100,75 feet; THENCE along said curve an arc distance of W2,19 feet to a capped iron rod stamped "KAZ" set; THENCE South 70 degrees 50 minutes 42 seconds East a distance of 20.47 feet to a capped iron rod stamped "KAZ" set at the beginning of a curve to the right having a radius of 425.00 feet and a chord bearing and distance of South 50 degrees 21 minutes 01 seconds East, 297.61 feet; THENCE along said curve an arc distance of 304.05 feet to a capped iron rod stamped "KAZ" set; THENCE South 29 degrees 51 minutes 19 seconds East a distance of 14.67 feet to a capped iron rod stamped "KAZ" set; THENCE North 74 degrees 28 minutes 12 seconds West a distance of 13.53 feet to a capped iron rod stamped "KAZ" set at the beginning of a curve t the right having a radius of 775.00 feet and a chord bearing and distance of North 61 degrees 56 minutes 32 seconds East, 27.79 feet; THENCE along said curve an arc distance of 27.79 feet to a capped iron rod stamped "KAZ" set; THENCE North 60 degrees 54 minutes 54 seconds East a distance of 31.06 feet to a capped iron rod stamped "KAZ" set at the beginning of a curve to the left having a radius of 175.00 feet and a chord bearing and distance of North 53 degrees 23 minutes 12 seconds East, 45.86 feeet; THENCE along said curve and arc distance of 45.99 feet to a capped iron rod stamped "KAZ" set; THENCE North 45 degrees 51 minutes 29 seconds East a distance of 18.31 feet to a capped iron rod stamped "KAZ" set; THENCE South 29 degrees 19 minutes 41 seconds East a distance of 51.66 feet to a capped iron rod stamped "KAZ" set at the beginning of a curve to the right having a radius of 225.00 feet and a chord bearing and distance of South 52 degrees 44 minutes 11 Seconds West, 64.02 feet; THENCE along said curve an arc distance of 64.23 feet to a capped iron rod stamped "KAZ" set; THENCE South 60 degrees 54 minutes 54 seconds West a distance of 18.91 feet to a capped iron rod stamped "KAZ" set; THENCE South 29 degrees 05 minutes 06 seconds East a distance of 119.85 feet to a capped iron rod stamped "KAZ" set; THENCE North 60 degrees 40 minutes 19 seconds East a distance of 82.82 feet to a capped iron rod stamped "KAZ" set; THENCE South 29°19'41" East, a distance of 168.19 feet to a capped iron rod stamped "KAZ" set; THENCE South 24°18'44" East, a distance of 195.23 feet to a capped iron rod stamped "KAZ" set in a South line of said SHG Land tract and being In the North line of a tract of land described in a deed to Anna Economic Development Corp., as described in Volume 5813, Page 2769 of the Deed Records of Collin County, Texas; THENCE South 76°53'33" West, with the common line thereof, a distance of 198.60 feet to a capped iron rod stamped "KAZ" set; THENCE North 55'26'11" West, a distance of 146.08 feet to a capped iron rod stamped "KAZ" set, said point being the beginning of a non -tangent curve to the left having a radius of 50.00 feet and a chord bearing and distance of North 42°19'56" West, 97.40 feet; THENCE Northwesterly along said curve to the left, an arc distance of 134.21 feet and a chord bearing and distance of N 42°19'56" W, 97.40 feet to a capped iron rod stamped "KAZ" set; THENCE North 21°39'09" West, a distance of 101.21 feet to a capped iron rod stamped "KAZ" set; said point being the beginning of a non -tangent curve to the right having a radius of 945.00 feet and a chord bearing and distance of South74°33'59" West, 76.77 feet; THENCE Southwesterly along said curve to the right, an arc distance of 76.79 feet and a chord bearing and distance of S 74°33'59" W, 76.77 feet to a capped Iron rod stamped "KAZ" set; THENCE South 76°53'40" West, a distance of 906.77 feet to a capped iron rod stamped "KAZ" set; THENCE North 13'06'20" West, a distance of 170.00 feet to a capped iron rod stamped "KAZ" set; THENCE North 76°53'40" East, a distance of 12.17 feet to a capped iron rod stamped "KAZ" set; THENCE North 13°06'20" West, a distance of 384.05 feet to a capped iron rod stamped "KAZ" set in the South line of said Warren tract; THENCE North 89°44'59" East, a distance of 34,19 feet to a capped iron rod stamped "KAZ" set for the Southeast corner of said Warren tract; THENCE North 00'14'05" West, along the east line of said Warren tract, a distance of 603.25 feet to the PLACE OF BEGINNING and containing 981,061 square feet or 22.52 acres of land more or less. 9+45.10 LINDSEY LANE END PROP ASHALT POAi CATCH EX TOP PIVT _Cvvvty Road 37C LINDSEY W ME g. StOtEOD Ol 0000 6�BP,f5 55 IP6 04' 7T'E 9ti155 55.27 11N05EY LN i I 730.99 (�� �W DSEY Ltf — 0+D0.00 L1t1D5EY LANE I PROP 25' PARE BECaN C''tORETE PVAIT _ ASPHALT TRANSITION 0 7B p 40 t Irn=JO leet 0.66 LINDSEY VT 730.82, LL 1'nAlntl R=.,. 376 9+4510 LINDSEY LANE END PROP ASHALT PNAT MATCH EX TDP PYLIT —_----_---- I �� _ — — _ — — _ — — _ . 1 _ -------------- UND RG 0 ND UTILITIES FAISTDIG UTUVIS AND WMERMWND FAENTIES N'D eA1ED ON THESE PUNS HAS BEEN LOCATED FR011 REFERENCE REFORLIATI0Y SUPPLIED BY VAAHIUS O?AlR9 OF THE FAERSVS, THE EIMIEEH DOE% 1101 ACCDT THE RESPCVDRJTY TO9 ME LMGY WARWIS 9". IT WIL BE THE RES>'k7MMY If TI¢ CDNTRACTO9 10 VERIFY BOTH HO IYHAUY M.'O 1UVCALLY THE LOCANDN Cf ALL USTP40 MUTES AHD UNCEP,CflWHD FAMES MOR TO COL5IP,'mul, TO TARE MCESSAAY PRECAU7.'CSIS RI ORDER TO PROTECT All FADLITHS ENCMIJMED, AND TO HEFTY THE EMIAER PROtPRY OF ALL COWOCTS OF THE YAAR% Ii TH PX'SFSG FACLMM llE CONTRACTOR SHALL MESEttY AND PROTECT AL DUNPIO VWTIES TRUE DAHACC DUOIID MNSIRUCTIOR. ANY CAME BY THE C@RDAC70.9 TO MEMO UTAERES SHALL BE RRPARED BY Tht CONTRACTOR AT HIS EUD16C SlteeC 2 a 24 M Storm Sewer Plan Engineer: o zo xA,s. fil amenParcnAnnaOF Cdi Sq6 BN D W V EST1I EN - , ANKAYVE,U GannsHW/Lnhff-� Crannefl Engineering Corporationq iPro D 9400 14. ce al expressway n it. 404 TBPE FIRIA 9505 o THE M� OF AM4A. D.11—, T��. T5231 2570 RI 407, Suite 209 Highlnd Village, Texas 75077 City Anna, Collin, C-11-1y, T Ph: 972-691.663 of Ea"Ll ' N ' ndfevenc�ad __.- m [o csii f<,f y I,- loll Ul". fall eriatlnD -vat n. S (iA 0r1200 695' LT AEGIN SOLID DOUBLE c I ' YELLOW STRIPING i BTA 0+1200 57' Li E(cGR! SOLID Ii19TE i STRIPING ,, , STA DI`,- 8: I BEGIN SOLID Ildl STRIPING STA 9+4 00. 1 LT I5' LE WSTALL MUM) 171 4L SiFi i REVERIE CURVE 4GN Gouiit Road 376Ll I I �- ��� orI C.my Roadd 376 — r00 ;1 INSTALL LiUTCD M-4R STA 9r45.00, O' LT REVERSE CURVE SIM END SOLID DOUBLE _ _ _ _ YaLoW STRIPING _�----- --"_----' STA 9f45.00, I25'RT END SOLID IMITE I I i i I I STRIPING 1 � o L o U e_ L n N 1. r � :1 w }}��-- �`' Z nwt e Ll u :1 a m m IV `! 7 L 0 id -nl rs Vt i F F 0 f� � � H CL o 'J U C Q) U7 U C� `J o U y of�09-ZOI6 EEY'a'7DNS AE::IGP1: CChA ..e2aWDS• D,1TE; _07ti:� ;:415 FILE:.--- __ _ EXHM II lei ANNA CAMDEN PARK, PHASE I ESTIMATE FOR CITY REIMBURSEMENT Item No. Description Cost/Unit Unit Total Devised Quantity Devised Contract Amount Storrm Sewer improvements C01 C-3;c7 RCB $364.00 FT 174.00 $63,336.00 C01 C-3x5 RCB $220,00 FT 541.00 $119,020.00 C01 C-30" RCP $62.00 FT 87.00. $5,394.00 C01 C-21" RCP $392.00 FT 69.00 $2,208.00 C01 C-10' Curb Inlet $3,000.00 EA 1.00 $3,000.00 C01 C-4x4 Wye Inlet $3,200.00 1 EA 1.001 $3,200.00 WUateri mprovernents C01 C-12" Water Line (offsite) $42.00 FT 2777.00 $116,634.00 C-12" Water Line (Lindsey) $42.00 FT 914.00 $38,388.00 C-12" Water Line (onsite delta) $12.00 �FT 1615.00 $19,380.00 C01 G12" Gate Valves $1,750.00 EA 8.00 $14,000.00 C01 Total Ductile Iron Fittings-43 EA $3,500.00 TONS 5.75 $20,125.00 C01 C-Connect to Existing 12" Water Line $1,500.00 EA 2.00 $3,000,00 C01 C-REM and Rep. Concrete Paving for Water Line Connection at Grand View and CR 376 due to stub out not being at location per as builts $10.00 SQ FT 253.00 $2,530.00 C01 B-WL-REM and Rep, Paving-Ashhalt $10.00 SQ FT 21100 $2,120.00 C01 WL-Traffic Control $1,500.00 EA 1.00 $1,500.00 CO2 Remove and Replace Wood Fences for offsite 12" water line installation. $35.00. LF 860.00 $3011Q0.00 CO2 Re -sod Backyards after offsite 12" water Pine is installed $5.50 SY 1500.00 $8,250.00 Paving improvements 2 Offsite Pavement CR 376-CR 427 $37.50 SY 1919.00 $71,962.50 3 Offsite Lime Stabilization $2.00 SY 1919.00 $3,838.00 4 Offsite Lime $165.00 TONS 36.00 $5,940.00 CO2 Lindsey Lape Asphalt $46.50 SY 1303.00 $60,589.50 CO2 6" Road Base Driveways $47.50 SY 154.001 $7,315.00 CO2 Remove Existing Road and Revegetate with Seed or Sod $2.00 SY 2330.00 $4,676.00 CO2 Lindsey Lane 8' Wide Sidewalk $32.00 LF 600.00 $19,200.00 CO2 Connect to New Asphalt to Existing Pavement $15.00 LF 50.00 $750.00 Subtotal Storm Sewer Improvements $196,158.00 Subtotal Water Improvements $256,027.00 Subtotal Paving Improvements $174,271.00 Engineering Design 5.10% % $626,456.00 $31,949.26 GRAND TOTAL $658,405.26 Camden Parc Phase 1 Paving & Storm Costs 9/18/2017 ITEM QUANTITY:: UNIT :: BID AMOUNT:: COST ................................. STORM SEWER ................... ................................. ............................................... ............................... ................... 174.00:: FT . ........ W4.'O' 0 .............54.......1........0....... .0:: F T ................. C-30" RCP . ......... .................................. 394.00 C-2I" RCP ................ ....... ....... FT ......... ......... $32.00 ........................ . ................ 208.00 ............................ C-10' Curb Inlet i................... ................... . ...... ...... ........................ 000 'C-4A"W'y ... eInlet ........................................................ ............................ ........... 1.00:: EA ........ I ...... $3,200.00'''...,,.... ... ........ :: ........................ $3,200.00,, .... '9 0 9 *-' T, 0- , T ... A' 1, 'S" T ... ... R, ... M, ... S, , 'E" , W", , 'E" , R, .... ......... ........................................................................................................................... ............................ ................... ................... ........................... ...... . ................................. ....... ................... �196,-1-68.00 ........................................................................................................................... PAVNG* ... ......... ................... ....... ....... . ................................. a. .......................................................................... ................................. 'Cjffsfie' .... Pavement m ... e ... n"t .... C ... R ..... P, ... 6"-'C' .... R ....427 ... ... ............. .......... ....... 9�; ...... ......... ... ......... w 66 ...................... s7i . ................ 3962.50 'Off�fie- ...Lime '- *- *...' - , *- * * ... **"** ... **"***"** ... **"***"**:--* .......... ....... gy ....... ........... ................... .............. ... �4* -* ... **"** ... 5145.04 'Off�fie' .... Lime e ..................................................................... ................... : ................. 3"6".00: TONS ....... ........................ $6,'946.'06' Lindsey , y, ... Lane "' '..., Asphalt ... p-h-a-ff ... ........... ............................ ; ................... 1303.00:: SY ......... ..66 ......... $46 ..................... W.3.689. ....50 6 " Road...''8 Base ... e .....Driveways... ... ... ...',............................... .......... ............................................................................................................................................... .............................................. 154.00: SY ... ......... $4760 .................................. ................. : ............................................................... V,3' ... 1'5"'."0 ... 0 ... Remove Existing Road and Revegetate with S-e*ed or Sod 2338.00. SY $2.00 $43.676.00 y'*',**'-,*-**'-*-**...,*-...............",­­...**. !....... ...... Sidewalk ind�eIane8WideW.06: �r ......... ....... ...................... . $195ZHU ..............................................................................................i............................ Connect to New Asphalt to Existing ................... ............................................................................... .. Pavement 50.00: LF $15.00 . $750.00 '*"--*...',1P,-***'**...**"***"**... ......................................................9U9-T0TAPAVING ........................................................................................................................... .................... .................................................... ................................. .............................................................................................. ............................ ................... ................................. ............................................... ,908*4- ... 0' * T ... A' 1, 'S" T, * 0- * R* ... M, SEWER . ............ ............................ ................... ................................. ................... '' .......................... ,........................................ ..*::.................. 6,158.00 .........................................S)8-T0TAL PAVING ................................. ...................5174,578.04 ENGINEERING DESIGN.................................5.1%................. -...-''...-b,...$370,7364 ........................................................................................................................... ................... . ................................. ............................................... .................... GRAND TOTAL - *PA V i * N GT8 TO K V1 P­ H** , A* E** ......... $389,W.58 Camden Parc Phase 1 Water Costs .............................................................................................. : ........................... :.................... :.................................. :............................................... 9/18/2017 ........................ ...........................................................................:................................................:..................................:.............................................. WATER - Phase 1 . ......................................................................................:...........................:....... C-12"Water Line (offsite) 2777.00i .............:.................................:..........................,-6............. FT $42.00 $116,634.00 .......................................................................................:................................................:................................:...................... C-12" Water Line (Lindsey) 914.00i FT $42.00 . 38,388.00 C-12"Water Line (onsite delta) ...........................:............................... 1615.00': FT ......................:............................................. $12.00 $19,380.00 ............ :.................. C-12" Gate Valves ................................. 8.00 EA ............................. 1,750.00 :........... ........... .... 14,066.00 ................................. Total Ductile Iron Fittings-43 EA 6i....................;....... 5.75 TONS .............. 6...... 3,500.00 ...................... 20,125.00 C-Connect to Existing 12" Water Iine .............................................................................................. : ...........................{............................ 2.00 ........................... ..................... EA :............ ...... 1,500.00 ......... ............. :........................ :............................................... . $3,000.00 C-REM and Rep. Concrete Paving for Water Line Connection at Grand View and CR 376 due to stub out not being at location per as builts 253.00 SQ FT $10.00 $2,530.00 B-WL-REM and Rep. Paving-Ashpalt ................................................. 21...00i SQ FT $10.00 ............................................. $.... WL-Traffic Control ..............................................................................................:................................................:..................................:.............................................. 1.00 EA 1,500.00 .00 $1,500.00. Remove and Replace Wood Fences for offsite 12" water line installation ..............................................................................................i...........................{....................;..................................i............................................... 860.00 LF $35.00 $30,100.00 Re -sod Backyards after offsite 12" water € line is installed :............................. 1500.00€ SY $5.50 $8,250.00 ............ SUB -TOTAL WATER :................... .................................. ..................vm 627.66.. ENGINEERING DESIGN........................................:....................5.1 .%o............................................................................................... ...........................;....................:..................................:............................................... $256,027.00 13,057.38 GF2AND TOTAL - WATEf2 PHASE 1.......................................... {.................... ........................................................ $269,084.38 Crannell Engineering Cost Breakdown 3 Camden Parc Phase 2 Paving & Storm Costs ...................................................................................................i ............................ :................... .................................. 9/18/2017 ............................................... ................................................................................................... ITEM UUKKITT! .... uNiT ............................ BID AMOUfff':: ................. COST. STORMSEWER...Phase -,... .... 2 ....................................... ............................ ................... .................................. ............................................... .1 ...................... ...... cr ...... ................. $60-6g.1 ........................ 5,699.22. .. f i R.C.P. ,- *-** -*-- E, * n. ................................... ........................ ..................................... L. F. ........................ ..................... $:26 (c, - n-- d s-- e-- y- .... L ... n--.-) ............................................... .....................542....--- ......L.F. .... ........ ................. $72-.8- ... 8 ... :: ...................... w-1-666-9- ... 6 ... 4; BOX CULVERT *- ,*,* ...(Lindsey *---**.... En.) ........... .............................................. 1125: L.F. ... 5 ... Y INLET (Lindsey i. a.) .......................................... V EA. .......... $4 .......................................... 986.00 ....................00 20' INLET (Lindsey ... a.) ........................... ....................................................................... V EA. 4".'0' 0 Kl'�R.O' 0 TYPE","' "REAMNEU(U6as' ... e'y' ..... En"'.) ................. ............................ ................... 2: EA. ..................... 80 dsey Ln ........10......S.Y.......................$79bU.:............................V96.0..0.. . ............ ........ ........................................ .......... BONDS ............... 2 .... 5 ... 0 ... % ... :: ...... ...... EA' .... $2. ... 8 ... 3-,--0--4- ... 5 .... 9 ... 9 ............................ sy-.676-1-5.... SEWER .................. SUB -TOTAL STORM ............................................................... .................................................................................................................................................... .................................................... ................................. ................................................ iT ................................................................................................................................ PAVING 15fi'a"s' ... e .... 2 ........................................................ ............................ ................... ................... ................................. ................................................ ................................. ............................................... SAVVCUT, BREAKOUT ................... ..................... ...................... .00 .. RCi. ........................................... XPATMv4a ............................ ................... .............................................................................. ....EX ,................................................................................................................................................. DSEY LANE ................. ..... ....... �27V9YW95 ................. . ................... -. .......ci $266OM.45 ....................* LIME STABILIZATION (Lindsey Ln.) I ...................-,--,*...*...-,- V*76 VKTT00, ..;...................... ......... fGK .............. , .....................LIMEf VY166600 8' SIDEWALK (Lindsey Ln.) 11904: S.F. -EET.gfGa�pindsey Ln - .....................2.......EA.................... .. . ............................... .00.. ,,................................................................................................................,..,..,............. : .:.ffGKb9 2.50% .....EA...... ..... .......... .................... .... .6.. 90946TAUPAVING .................................................. ................................................................................................................................ ................... .....p........4..5...0.......4.....5..: . ................................. ..................304,886.71.. ............................................... ................................................................................................................................ 9(j8'-TbTAU9TORM'9ffk ................................................................................. ................... . ................................................................................. ... ..............................290,122.14.. : .................. 90846TAUPAWNG" ............ ................................. : ............................ : .................... ......................... .................. 304,886.71.. ............................... .............. ENGINEERING DESIGN ................................................................................................................................ ............... ...... il-6� ............... ................... ................................. ................................................ ..................... $56. ... GRAND TOTAE . ..........SE 2 . P;AVW6TffORMTYHA............................ ................... .................................................... Page 1 2:03 PIVI Camden Parc Phase 2 Water Costs 9/18/2017 WATER - Phase 2 '8 WATER "(Dinds"e' ... y .... Gn­ ... 2,3, ... 2"::"* .... L, .... F.- .... ...R.2-2- - $'6*,*6'-1-9'-.*0'-4 -...M-j'...''... -"-..........................................................-....--..........-......................... WAK�UndseyIn. 1377: L.F. .............. .. s�g.77 . ff, VA E, V* * 'E'* L** i 'n- d- s** *e- y** ... L* *n- ) ....... .............. ........................... z .................... 4:: E A. ........... ................... ........................ ,163.17 .. . ...... $41a2.68 'lT­Z;AT'ff*VAIVE­(Q'n ... d ... s'e' ... y .... L ... n ...) ............. ** ......... ......................... 6'.- ..................... v'up'ym.55 FIRE HYDRANT W/ 6" LEAD ... (Lindsey ... ............... .......... 6i ....... E.A ....... ........... ..................... ..................... .20 CONNECT TO EXISTING ...(Lindsey ...'... ... I 'n"' � ......... : ......................... ...... EA"' ............... ............................ .............. .00 ........................................................................ BOND ............. 2-66d.., . 0 : L. S. L.S. 98, '9­7 ... 2.7 ... 6" 1 ........................ $ Y, '447 ... 4".'3' ... 2" ... T ... E, R, ........ ............ SUB -TOTAL WATER"A ........................... .................... ................................... : .................. ........................................ ENGINEERING DESIGN .............................................................................................. ............ . ............... ................. 5. 1: 3% ........................... .................... ......................... .................................. ........................................ GRAND TOTAL -WATER PHASE 2 ..................................... .................................. .................... Item No. 5.e. City Council Agenda Staff Report Meeting Date: 10/10/2017 y€OW HOMETOWN AGENDA ITEM: Resolution authorizing an extension of the existing Franchise Agreement with Atmos Energy. (City Manager) SUMMARY: The current Franchise Agreement with Atmos Energy (natural gas) was initiated on October 18, 1992 and will expire on October 18, 2017. Staff has been working with legal counsel and representatives from Atmos to draft a new Franchise Agreement that we hoped would be ready to adopt in October, however, we have not yet finalized a new agreement. The attached Resolution would authorize the City Manager to execute an agreement with Atmos Energy to extend the existing Franchise Agreement for sixty (60) days while we work to finalize a new Franchise Agreement. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution. ATTACHMENTS: Description Upload Date Type Atmos Resolution 10/6/2017 Resolution Exhibit 1, Existing Franchise Agreement 10/6/2017 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA AUTHORIZING AN EXTENSION OF THE EXISTING FRANCHISE AGREEMENT WITH ATMOS ENGERY. WHEREAS, the Existing Franchise Agreement with Atmos Energy (the "Existing Franchise Agreement"), attached hereto as Exhibit 1, was initiated on October 18, 1992 and will expire on October 18, 2017; and WHEREAS, Staff has been working with legal counsel and representatives from Atmos to draft a new Franchise Agreement; and WHEREAS. the City Council of the City of Anna, Texas (the "City Council") desires to extend the Existing Franchise Agreement for sixty (60) days while Staff continues to work with Atmos on a new Franchise Agreement; NOW THEREFORE, BE IT RESOLVED BY THE CITY OF ANNA CITY COUNCIL: Section 1. Recitals Incorporated. The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Approval of Extension The City Council hereby authorizes the City Manager to execute an Agreement with Atmos Energy extending the Existing Franchise Agreement for sixty (60) days. Said Agreement shall be drafted and approved by the City Attorney. PASSED by the City Council of the City of Anna, Texas, on this loth day of October, 2017. ATTEST: Carrie L. Smith, City Secretary APPROVED: Justin Burr, Mayor Pro Tern CITY COUNCIL OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1 ORDINANCE NO AN ORDINANCE AMENDING THE EXISTING GAS FRANCHISE BETWEEN THE CITY AND TXU GAS COMPANY, TO PROVIDE FOR A DIFFERENT CONSIDERATION AND TO AUTHORIZE THE LEASE OF FACILITIES WITHIN THE CITY'S RIGHTS -OF -WAY; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ACCEPTANCE BY TXU GAS COMPANY; FINDING AND DETERMINING THAT THE MIEETPvG AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, TXU Gas Company (hereinafter called "TXU Gas") is, through its TXU Gas Distribution division, engaged in the business of furnishing and supplying gas to the general public in the City, including the transportation, delivery, sale, and distribution of gas in, out of, and through the City for all purposes, and is using the public streets, alleys, grounds and rights - of -ways within the City for that purpose under the terms of a franchise ordinance heretofore duly passed by the governing body of the City and duly accepted by TXU Gas; and WHEREAS, the City and TXU Gas desire to amend said franchise ordinance to provide -.r a ,d;tf ^t consideration and to authorize the lez-^- C` faeiliti;s idthin t c City's way; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: that SECTION 1: The existing gas franchise ordinance between the City and TXU Gas Company is amended as follows: A. Effective January 1, 2002, the consideration payable by TXU Gas for the rights and privileges granted to TXU Gas by the franchise ordinance heretofore duly passed by the governing body of" this City and duly accepted by TXU Gas is hereby changed to be four percent (4%) of the Gross Revenues, as defined in Section LB, below, received by TXU Gas. B. "Gross Revenues" shall mean all revenue derived or received, directly or indirectly, by the Company from or in connection with the operation of the System within the corporate limits of the City and including, without limitation: (1) all revenues received by the Company from the sale of gas to all classes of customers within the City; (2) all revenues received by the Company from the transportation of gas through the pipeline system of Company within the City to customers located within the City; (3) the value of gas transported by Company for Transport Customers through the System of Company within the City ("Third Party Sales"), with the value of such gas to be reported by each Transport Customer to the Company, provided, however, that should a Transport Customer refuse to furnish Company its gas purchase price. Company shall estimate same by utilizing TXU Gas Distribution's monthly industrial Weighted Average Cost of Gas, as reasonably near the time as the transportation service is performed; and (4) "Gross revenues" shall include: (a) other revenues derived from the following `miscellaneous charges': i. charges to connect, disconnect, or reconnect gas within the City; ii. charges to handle returned checks from consumers within the City; M. such other service charges and charges as may, from time to time, be authorized in the rates and charges on file with the City; and iv, contributions in aid of construction" ("CIAC"); (b) revenues billed but not ultimately collected or received by the Company; and, (c) gross receipts fees. (5) "Gross revenues" shall not include: (a) the revenue of any Person including, without limitation, an affiliate, to the extent that such revenue is also included in Gross Revenues of the Company; (b) sales taxes; and (c) any interest income earned by the Company; and Page 2 of 5 (d) all monies received from the lease or sale of real or personal property, provided, however, that this exclusion does not apply to the lease of facilities within the City's right of way. C. Calculation and Payment of Franchise Fees Based on CIAC (1) The franchise fee amounts based on "Contributions in aid of Construction' ("CIAC") shall be calculated on an annual calendar year basis, i.e., from January 1 through December 31 of each calendar year. (2) The franchise fee amounts that are due based on CIAC shall be paid at least once annually on or before April 30 each year based on the total CIAC recorded during the preceding calendar year. D. Effect of Other Municipal Franchise Ordinance Fees Accepted and Paid by TXU Gas (1) If TXU Gas should at any time after the effective date of this Ordinance agree to a new municipal franchise ordinance, or renew an existing municipal franchise ordinance, with another municipality, which municipal franchise ordinance determines the franchise fee owed to that municipality for the use of its public rights -of -way in a manner that, if applied to the City, would result in a franchise fee greater than the amount otherwise due City under this Ordinance, then the franchise fee to be paid by TXU Gas to City pursuant to this Ordinance shall be increased so that the amount due and to be paid is equal to the amount that would be due and payable to City were the franchise fee provisions of that other franchise ordinance applied to City. (2) The provisions of this Subsection D apply only to the amount of the franchise fee to be paid and do not apply to other franchise fee payment provisions, including without limitation the timing of such payments. E, TXLT Gas Franchse Fee Recovery Tariff (1) TXU Gas may file with the City a tariff amendment(s) to provide for the recovery of the franchise fees under this amendment. (2) City agrees that (i) as regulatory authority, it will adopt and approve the ordinance, rates or tariff which provide for 100% recovery of such franchise fees as part of TXU Gas' rates; (ii) if the City intervenes in any regulatory proceeding before a federal or state agency in which the recovery of TXU Gas' franchise fees is an issue, the City will take an Page 3 of 5 affirmative position supporting 100% recovery of such franchise fees by TXU Gas and; (iii) in the event of an appeal of any such regulatory proceeding in which the City has intervened, the City will take an affirmative position in any such appeals in support of the 100% recovery of such franchise fees by TXU Gas. (3) City agrees that it will take no action, nor cause any other person or entity to take any action, to prohibit the recovery of such franchise fees by TXU Gas. F. Lease of Facilities Within City's Rights -of -Way. TXU Gas shall have the right to lease, license or otherwise grant to a party other than TXU Gas the use of its facilities within the City's public rights -of -way provided: (i) TXU Gas first notifies the City of the name of the lessee, licensee or user; the type of service(s) intended to be provided through the facilities; and the name and telephone number of a contact person associated with such lessee, licensee or user and (ii) TXU Gas makes the franchise fee payment due on the revenues from such lease pursuant to Sections I.A. and I.B. of this Ordinance. This authority to Lease Facilities Within City's Rights -of -Way shall not affect any such lessee, licensee or user's obligation, if any, to pay franchise fees. SECTION 2: In all respects, except as specifically and expressly amended by this ordinance, the existing effective franchise ordinance heretofore duly passed by the governing oody or the City and duly accepted.by'1XU Gas shall remain in full force and effect according to its terms until said franchise ordinance terminates as provided therein. SECTION 3: This ordinance shall take effect upon its final passage and TXU Gas' acceptance. TXU Gas shall, within thirty (30) days from the passage of this ordinance, file its written acceptance of this ordinance with the Office of the City Secretary in substantially the following form: Page 4 of 5 To the Honorable Mayor and City Council: TXU Gas Distribution, a division of TXU Gas Company, acting by and through the undersigned authorized officer, hereby accepts in all respects, on this the Al! day of 'sec-e-�&y- 200 -,).—, Ordinance No. amending the current gas franchise between the City and TXU Gas and the same shall constitute and be a binding contractual obligation of TXTJ Gas and the City. TXU Gas Distribution A division of TXU Gas Company By Vice President SECTION 4. It is hereby officially found and determined that the meeting at which this Ordinance is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ��A , TEXAS, this the bL�ay of ���6 ��/? ik �` , 2002, at which meeting a quorum was present and voting.. ATTEST: City Secretary APPROVED AS TO FORM: City Attorney Page 5 of 5 Anna Gas Franchise ORIGINAL FRANCHISE ORDINANCE NO: q/- 003 AN ORDINANCE GRANTING TO LONE STAR GAS COMPANY, A DIVISION OF ENSERCH CORPORATION, A CORPORATION, ITS SUCCESSORS AN D ASSIGNS, A FRANCHISE TO FURNISH AND SUPPLY GAS TO THE GENERAL PUBLIC IN THE CITY OF ANNA, COLLIN COUNTY, TEXAS, FOR THE TRANSPORTING, DELIVERY, SALE, AND DISTRIBUTION OF GAS IN, OUT OF, AND THROUGH SAID MUNICIPALITY FOR ALL PURPOSES; PROVIDING FOR THE PAYMENT OF A FEE OR CHARGE FOR THE USE OF THE STREETS, ALLEYS, AND PUBLIC WAYS; AND PROVIDING THAT IT SHALL BE IN LIEU OF OTHER FEES AND CHARGES, EXCEPTING AD VALOREM TAXES; AND REPEALING ALL PREVIOUS GAS FRANCHISE ORDINANCES, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: SECTION 1: That the City of Anna, Texas, hereinafter called "City", hereby grants to Lone Star Gas Company, a Division of ENSERCH CORPORATION, hereinafter called "Company," its successors and assigns, consent to use and occupy the present and future streets, alleys, highways, public places, public thoroughfares, and grounds of City for the purpose of laying, maintaining, constructing, operating, and replacing therein and thereon pipelines and all other appurtenant equipment needed and necessary to deliver gas in, out of, and through said City and to sell gas to persons, firms, and corporations, including all the general public, within the City corporate limits, said consent being granted for a term of twenty-five (25) years from and after the date of the final passage and approval of this ordinance. SECTION 2: Company shall lay, maintain, construct, operate, and replace its pipes, mains, laterals, and other equipment so as to interfere as little as possible with traffic and shall promptly clean up and restore to approximate original condition all thoroughfares and other surfaces which it may disturb. The location of all mains, pipes, laterals, and other appurtenant equipment shall be fixed under the supervision of the City or an authorized agent appointed by said City. When the Company is required to relocate its mains, laterals, and other facilities to accommodate construction, and the relocation is the result of construction or improvement to the Federal -Aid System (or any successor thereto), and Company is eligible for reimbursement for its costs and expenses incurred as a result of such construction and improvement from the Federal Government, the County Government, or the State of Texas, as permitted by law pursuant to any reimbursement program, and City requests reimbursement for costs and expenses incurred as a result of such construction or improvement, Company costs and expenses shall be included within any such application for reimbursement, provided that Company submits the appropriate documentation to City prior to such application. City shall make a reasonable effort to provide sufficient notice to the Company to allow the submittal of appropriate cost information to the City. SECTION 3: When Company shall make or cause to be made excavations or shall place obstructions in any street, alley, or other public place, the public shall be protected by barriers and lights placed, erected, and maintained by Company; and in the event of injury to any person or damage to any property by reason of Company's construction, operation, or maintenance of the gas distribution plant or system of Company, Company shall indemnify and keep harmless City from any and all liability in connection therewith. SECTION 4: In addition to the rates charged for gas supplied, Company may make and enforce reasonable charges, rules and regulations for service rendered in the conduct of its business including a charge for services rendered in the inauguration of natural gas service, and may require, before furnishing service, the execution of a contract therefor. Company shall have the right to contract with each customer with reference to the installation of, and payment for, any and all of the gas piping from the connection thereof with the Company's main in the streets or alleys to and throughout the customer's premises. Company shall own, operate and maintain all service lines, which are defined as the supply lines extending from the Company's main to the customer's meter where gas is measured by Company. The customer shall own, operate, and maintain all yard lines and house piping. Yard lines are defined as the underground supply lines extending from the point of connection with Company's customer meter to the point of connection with customer's house piping. SECTION 5: Company shall not be required to extend mains on any street more than one hundred feet (100') for any one customer of gas; provided that no extension of mains is required if the customer will not use gas for space heating and water heating, or the equivalent load, at a minimum. SECTION 6: Company shall be entitled to require from each and every, customer of gas, before gas service is commenced, a deposit in an amount calculated pursuant to the Company's Quality of Service Rules as may be in effect during the term of this franchise. Said deposit shall be retained and refunded in accordance with such Quality of Service Rules and shall bear interest, as provided in Tex. Rev. Civ. Stat. Ann. art. 1440a (Vernon Supp. 1991) as it may be amended from time to time. Company shall be entitled to apply said deposit, with accrued interest, to any indebtedness owed Company by the customer making the deposit. SECTION 7: The rights, privileges, and franchises granted by this ordinance are not to be considered exclusive, and City hereby expressly reserves the right to grant, at any time, like privileges, rights, and franchises as it may see fit to any other person or corporation for the purpose of furnishing gas for light, heat, and power to and for City and the inhabitants thereof. Provided, however, City shall not grant more favorable conditions, including franchise fee, to any other gas utility franchisee than are herein granted to Company. SECTION 8: Company, its successors and assigns, agrees to pay and City agrees to accept, on or before the 1st day of November, 1992, and on or before the same day of each succeeding year during the life of this franchise, the last payment being made on the 1st day of November, 2016, a sum of money which shall be equivalent to two percent (2%) of the gross receipts received by Company from the sale of gas to its residential and commercial customers within the corporate limits of said City (expressly excluding governmental accounts and receipts derived from sales to all other classes of customers in said City) during the preceding calendar year, which annual payment shall be for the rights and privileges herein granted to Company, including expressly, without limitation, the right to use the streets, alleys, and public ways of said City. The initial payment for the rights and privileges herein provided shall be for the period January 1 through December 31, 1992, and each succeeding payment shall be for the period January 1 through December 31 of the respective year in which the payment is made. And it is also expressly agreed that the aforesaid annual payment shall be in lieu of any and all other and additional occupation taxes, easement, and franchise taxes or charges (whether levied as an ad valorem, special, or other character of tax or charge), in lieu of municipal license and inspection fees, street taxes, and street or alley rentals or charges, and all other and additional municipal taxes, charges, levies, fees, and rentals of whatsoever kind and character which City may now impose or hereafter levy and collect, excepting only the usual general or special ad valorem taxes which City is authorized to levy and impose upon real and personal property. Should City not have the legal power to agree that the payment of the foregoing sums of money shall be in lieu of taxes, licenses, fees, street or alley rentals or charges, easement or franchise taxes or charges aforesaid, then City agrees that it will apply so much of said sums of money paid as may be necessary to satisfy Company's obligations, if any, to pay any such taxes, licenses, charges, fees, rentals, easement or franchise taxes or charges. In order to determine the gross receipts received by Company from the sale of gas to residential and commercial customers within the corporate limits of City, Company agrees that on the same date that payments are made, as provided in the preceding paragraph of this Section 8, it will file with the City Clerk a sworn report showing the gross receipts received from the sale of gas to its residential and commercial customers within said corporate limits during the calendar year preceding the date of payment. City may, if it- sees fit, have the books and records of Company examined by a representative of said City to ascertain the correctness of the sworn reports agreed to be filed herein. SECTION 9: When this franchise ordinance shall have become effective, all previous ordinances of said City granting franchises for gas distribution purposes which were held by Company shall be automatically cancelled and annulled, and shall be of no further force and effect. 3 SECTION 10: Company shall file its written acceptance of this franchise ordinance within sixty (60) days after its final passage and approval by said City. SECTION 11: This ordinance shall become effective on the 18th day of October, 1992, provided that on or prior to such date the City Council shall have finally passed and approved this ordinance. PASSED AND APPROVED on this the /L/ day of �,Uva A.D. 19 q2— ATTEST: &S ecretary STATE OF TEXAS § COUNTY OF COLLIN § CITY OF ANNA § Mayor City of Anna, Texas City Secretary of the City of Anna, Collin County, Texas, do hereby certify that the above and foregoing is a true and correct copy of an ordinance passed by the City Council of the City of Anna, Texas, at a JlQ l' session, held on the Iq day of ka,)L)4 , 19Q, as it appears of record in the Minutes in Book , page WITNESS MY HAND AND SEAL OF SAID CITY, this the / day of .J, A. D. 19 C1 Z. 4 Secretary City of Anna, Texas EXTRACT FROM THE MINUTES OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS The City Council of the City of Anna, Collin County, Texas, convened in a0Id l session on the I day of �"G „,tea,, , 19c3?-, at p M., with the following persons present: Mayor: d L 4-e,! � t.< Council Members: ,�j©� �5 0 &0/" /✓ i"a 7WE2✓ v 6e/NNy /�-`/4r� - --f !a /C/ al.1/cis o f / Absent: ), e©,-4�2 "'�/la�/®� A quorum being present, came on to be read and considered Ordinance No. G//- pp3 granting to Lone Star Gas Company, a Division of ENSERCH CORPORATION, a Texas corporation, a franchise to furnish and supply natural gas to the general public in the City of Anna, Texas, for the transporting, delivery, sale and distribution of as in, out of, and through said municipality for all purposes. On motion made by j4e and seconded by f C A/ which carried unanimously, the City Council voted the passage of the Ordinance and to record same at length in these minutes. 61 STATE OF TEXAS § COUNTY OF COLLIN § CITY OF ANNA § I, ..:: ' Q City Secretary of the City of Anna, Texas, do hereby certify that the above and foregoing is a true and correct copy of the proceedings of the City Council of the City of Anna, Texas, at a. session, held on the day of r �� vat v� 19__qZ , in connection with the passage and adoption of Ordinance No. j--pp -2, granting a franchise to Lone Star Gas Company and that the same is of record in Book , page of the City Council. of the Minutes WITNESS MY HAND AND SEAL OF SAID CITY, this the day of A. D. 19 n y' Secretary City of Anna, Texas STATE OF TEXAS § COUNTY OF DALLAS § WHEREAS, there was finally passed and approved on January 14, 1992, Ordinance No. 91-003 granting to Lone Star Gas Company, a Division of ENSERCH CORPORATION, a corporation, its successors and assigns, a franchise to furnish and supply gas to the general public in the City of Anna, Collin County, Texas, for the transporting, delivery, sale and distribution of gas in, out of and through said municipality for all purposes, which is recorded in the Minutes of the City Council of said City; and WHEREAS, Section 10 of said ordinance provides as follows: "SECTION 10: Company shall file its written acceptance of this franchise ordinance within sixty (60) days after its final passage and approval by said City." AND, WHEREAS, it is the desire of Lone Star Gas Company, a Division of ENSERCH CORPORATION, the holder of the rights, privileges and grants under the aforesaid franchise ordinance, to comply with the above -quoted provisions of Section 10 thereof. NOW, THEREFORE, premises considered, Lone Star Gas Company, a Division of ENSERCH CORPORATION, acting by and through its duly authorized officers, and within the time prescribed by Section 10 quoted above, does hereby agree to and accept the franchise granted to it by the above -described ordinance, in accordance with its terms, provisions, conditions and requirements and subject to the stipulations and agreements therein contained. 0 WITNESS THE EXECUTION HEREOF, on this the 15—tA day of ATTEST: Ass s ecretary �- ---_ STATE OF TEXAS § COUNTY OF COLLIN § CITY OF ANNA § LONE STAR GAS COMPANY A DIVISION OF ENSERCH CORPORATION 'L 'AlLm4- -- V ce President I, 'L�i,y,eCity Secretary of the City of Anna, Texas, do hereby certify that the above and foregoing is a true and correct copy of a formal acceptance of a franchise ordinance finally passed and approved by said City on January 14, 1992, and of record in the Minutes of the City; and I do further certify that said acceptance has been duly presented to the City Council and filed in connection with and as a part of said franchise ordinance. OF WHICH, witness my official signature and the seal of said City on this the /a"- day of /7219;e G' // , 19 City Secretary City of Anna, Texas Item No. 6. City Council Agenda Staff Report Meeting Date: 10/10/2017 y€OW HOMETOWN AGENDA ITEM: Briefing/Discussion regarding the City's bonding capacity for municipal facilities. (Dana Thornhill) SUMMARY: Staff has been working with the City's Financial Advisor, First Southwest, to determine the City's bonding capacity to fund construction of future municipal facilities. A prior version of the financial model was presented during the town -hall meeting this past Spring in connection with a discussion of future city facilities. First Southwest has since updated the financial model and created several different scenarios using different financial assumption. They will present these new and updated financial scenarios for the Council's consideration. STAFF RECOMMENDATION: This is a briefing only. No Council action is required at this time. Item No. 7. City Council Agenda Staff Report Meeting Date: 10/10/2017 y€OW HOMETOWN AGENDA ITEM: Briefing/Discussion regarding the Updated Facility Needs Assessment. (City Manager) SUMMARY: I n early August, the City Council authorized an Agreement with Randall Scott Architects to update the facility needs assessment to include options for reconstruction of the existing fire station and construction of facilities for the police department.. Staff has worked with the architect to explore several different options. Randall Scott will present a summary of the options that have been reviewed. STAFF RECOMMENDATION: This is a briefing only. No Council action is required at this time. Item No. 8. City Council Agenda Staff Report Meeting Date: 10/10/2017 y€OW HOMETOWN AGENDA ITEM: Conduct a public hearing and take action on an Ordinance amending the the Comprehensive Plan and Thoroughfare Master Plan for the area generally east of F.M. 2862 and between the Sam Rayburn Memorial Highway and Graybill. (Maurice Schwanke) SUMMARY: Mr. Lou Gigliotti has submitted an application for approval of a development plat of the LG Motorsports Park Addition Phase 2. The tract is located in the J. Chalmers Survey, Abstract No. 233 and contains approximately 158.131 acres of land. The proposed development is in conflict with the existing 2010 Thoroughfare Master Plan. The Comprehensive Plan, including the Thoroughfare Master Plan is currently under review by the Comprehensive Plan Advisory Committee. The new Thoroughfare Master Plan that is being developed by the Advisory Committee is shown in Exhibit 2 and eliminates the conflict with Mr. Gigliotti's development plat. Staff is recommending that the City Council amend the Comprehensive Plan and Thoroughfare Master Plan for the area east of FM 2862 as shown on the attached Exhibit 2. This amendment would resolve the conflict with Mr. Gigliotti's proposed development plat and is consistent with the Plan that is being considered by the Comprehensive Plan Advisory Committee. STAFF RECOMMENDATION: Staff recommends approval of the attached Ordinance amending the Comprehensive Plan and Thoroughfare Master Plan. ATTACHMENTS: Description Upload Date Type Ordinance Amending Comprehensive Plan 10/5/2017 Ordinance Exhibit 1 2010 Master Plan 9/29/2017 Exhibit Exhibit 2 2017 Proposed Amendment 9/29/2017 Exhibit CITY OF ANNA, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF THE ANNA, TEXAS, PROVIDING FOR THE APPROVAL AND ADOPTION OF A REVISION AS PROVIDED IN EXHIBIT "A" TO THE COMPREHENSIVE PLAN 2030, TOGETHER WITH ALL EXHIBITS AND APPENDICES THERETO, WHICH ARE ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Anna had determined that the existing Comprehensive Plan Map needed updating; and WHEREAS, such Plan has been drafted and reviewed by the staff, the Planning and Zoning Commission, and the City Council; and, WHEREAS, the required public hearings have been held, in compliance with State law, receiving public comments; and WHEREAS, such Comprehensive Plan Map revision has been presented to the City Council for review and adoption; and WHEREAS, the City Council finds that it is in the best interest of the citizens of the City to approve and adopt the revision to the Comprehensive Plan 2030; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE ANNA, TEXAS: SECTION 1. That the City of The Anna Comprehensive Plan Map, adopted April 13, 2010, as amended, is hereby amended by adopting the attached hereto and incorporated herein by reference as Exhibit "A", together with all Exhibits and Appendices thereto, be, and the same is hereby, approved and adopted by the City Council in accordance with Chapter 213 of the Texas Local Government Code. Section 2. All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. The City declares that it would have passed this ordinance, and each section, subsection, clause, or phrase thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. Section 3. This ordinance shall be in full force and effective from and after its passage and upon the posting and/or publication, if required by law, of its caption and the City Secretary is hereby directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas, this day of , 2017. ATTESTED: City Secretary, Carrie L. Smith APPROVED: Mayor Pro Tem, Justin Burr EXHIBIT "A" REVISED PORTION OF THE COMPREHENSIVE PLAN MAP Item No. 9. City Council Agenda Staff Report Meeting Date: 10/10/2017 y€OW HOMETOWN AGENDA ITEM: Consider/Discuss/Action regarding a Resolution approving a development plat of the LG Motorsports Park Addition, Phase 2. (Maurice Schwanke) SUMMARY: Mr. Lou Gigliotti has submitted an application for approval of a development plat of the LG Motorsports Park Addition Phase 2. The development plat for your review is located within Anna's exterritorial jurisdiction and generally known as LG Motorsports Park. The tract is located in the J. Chalmers Survey, Abstract No. 233 and contains approximately 158.131 acres of land. The owner is proposing to develop an auto racing track on the property. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution and development plat if the amendment to the Comprehensive Plan and Master Thoroughfare Plan on this agenda is approved. ATTACHMENTS: Description Resolution Exhibit 1, Development Plat Location Map Upload Date Type 10/5/2017 Resolution 10/5/2017 Exhibit 9/22/2017 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "LG MOTORSPORTS PARK ADDITION PHASE 2 DEVELOPMENT PLAT" WHEREAS, in order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, Lou Gigliotti has submitted an application for approval of the LG Motorsports Park Addition Phase 2 development plat; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Development Plat. The City Council hereby approves the LG Motorsports Park Addition Phase 2 development plat attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 10th, day of October, 2017. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor Pro Tem, Justin Burr N 0' 200' 4Wl OWNERS CERTIFICATION VICINITY MAP FIELD NOTES TO ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE J. CHALMERS SURVEY, ABSTRACT NUMBER 233, COLLIN COUNTY, TEXAS, BEING A PART OF A CALLED 59.43 ACRE TRACT OF LAND, DESCRIBED AS TRACT 1 IN THE DEED TO LOU GIGLIOTTI, AS RECORDED IN DOCUMENT NUMBER 2014070300688450, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS, ALL OF A CALLED 14.5155 ACRE TRACT OF LAND DESCRIBED AS TRACT 2 IN THE DEED TO LOU GIGLIOTTI, AS RECORDED IN DOCUMENT NUMBER 20140703000688450, SAID OFFICIAL PUBLIC RECORDS, ALL OF A TRACT OF LAND DESCRIBED IN THE DEED TO LOU GIGLIOTTI, AS RECORDED IN DOCUMENT NUMBER 20161115001552870, SAID OFFICIAL PUBLIC RECORDS, AND ALL OF A CALLED 75.957 ACRE TRACT OF LAND DESCRIBED IN THE DEED TO LOU GIGLIOTTI, AS RECORDED IN DOCUMENT NUMBER 20150512000550420, SAID OFFICIAL PUBLIC RECORDS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A CAPPED IRON ROD SET FOR CORNER IN OR NEAR THE CENTER OF A GRAVEL ROADWAY UNDER APPARENT PUBLIC USE POSTED AS COUNTY ROAD NUMBER 526 AT THE SOUTHEAST CORNER OF SAID 75.957 ACRE TRACT; THENCE ALONG SAID COUNTY ROAD NUMBER 526 WITH THE SOUTH LINE OF SAID 75.957 ACRE TRACT THE FOLLOWING 14 CALLS: 1. SOUTH 61 DEGREES 43 MINUTES 05 SECONDS EAST, A DISTANCE OF 86.68 FEET TO A POINT FOR CORNER; 2. SOUTH 66 DEGREES 27 MINUTES 27 SECONDS EAST, A DISTANCE OF 71.49 FEET TO A POINT FOR CORNER; 3. NORTH 80 DEGREES 13 MINUTES 13 SECONDS WEST, A DISTANCE OF 54.19 FEET TO A POINT FOR CORNER; 4. NORTH 69 DEGREES 27 MINUTES 57 SECONDS WEST, A DISTANCE OF 69.55 FEET TO A POINT FOR CORNER; 5. NORTH 78 DEGREES 59 MINUTES 07 SECONDS WEST, A DISTANCE OF 110.20 FEET TO A POINT FOR CORNER; 6. NORTH 89 DEGREES 51 MINUTES 40 SECONDS WEST, A DISTANCE OF 342.95 FEET TO A POINT FOR CORNER; 7. NORTH 82 DEGREES 47 MINUTES 50 SECONDS WEST, A DISTANCE OF 71.89 FEET TO A POINT FOR CORNER; L29 GI _ L28 CIRS L R.O.W. RESERVATION 40' FROM CENTERLINE OF ROAD R.O.W. RESERVATION -40' FROM CENTERLINE OF ROAD So�6-�PGRS 1.455 ACRES 0.160 ACRES L35 CENTERLINE OF PKNS`o L40 GRAYBILL ROAD CENTERUNE OF / CIRS PKNS N �..1 \G / � PROP PRIVATE PAVMT I . D $ � CIRS L3I _ CIRS GQ`� PGA tiS�° I 'CIRS wow imm* MEAN 0100 0 I Z �o GZ 1y° / s�-�° os � \50 �01°�°°�° °ass POTENTIAL EXPANSION AREA ` °° �loo 2 z'� ' 000 i '00, ♦ i i I [ F P I _ • - _ PR r Avftrapoo PROP . PRIVATE PAVMT L24 CIRS . s ` L31 ROW MON ��►� ` ` ` �� 15 9 °°°S \ ♦ LOT 1, BLOCK B I ♦ ° °Q CIRS , '� ♦ 158.131 ACRES 1 LG MOTORSPORTS \\ PHASE I \ CIRS mown �' ` py® �\ 8. NORTH 54 DEGREES 15 MINUTES 18 SECONDS EAST, A DISTANCE OF 41.95 FEET TO A POINT FOR CORNER; \ ��, �` 9. NORTH 43 DEGREES 39 MINUTES 55 SECONDS WEST, A DISTANCE OF 48.65 FEET TO A POINT FOR CORNER; \ �e�`:► �On ��o sR G L ` 10. NORTH 59 DEGREES 27 MINUTES 48 SECONDS WEST, A DISTANCE OF 65.90 FEET TO A POINT FOR CORNER; \\ v� ` ` �'� o ' 1j . 0ALMERS SURVEY 1 i 11. NORTH 74 DEGREES 07 MINUTES 19 SECONDS WEST, A DISTANCE OF 325.79 FEET TO A POINT FOR CORNER; \ \ ` ` 007DAPT AIA 00 ♦ , 12. NORTH 81 DEGREES 36 MINUTES 25 SECONDS WEST, A DISTANCE OF 80.54 FEET TO A POINT FOR CORNER; 13. SOUTH 82 DEGREES 55 MINUTES 49 SECONDS WEST, A DISTANCE OF 135.02 FEET TO A POINT FOR CORNER; 14. NORTH 88 DEGREES 39 MINUTES 24 SECONDS WEST, A DISTANCE OF 20.86 FEET TO A 518" IRON ROD FOUND FOR CORNER AT THE SOUTHWEST CORNER OF SAID 75.957 ACRE TRACT AND THE SOUTHEAST CORNER OF SAID TRACT 1; THENCE ALONG SAID COUNTY ROAD NUMBER 526 WITH THE SOUTH LINE OF SAID TRACT 1 THE FOLLOWING 4 CALLS: 1. SOUTH 88 DEGREES 51 MINUTES 26 SECONDS WEST, A DISTANCE OF 165.12 FEET TO A 1" IRON PIPE FOUND FOR CORNER; 2. SOUTH 84 DEGREES 21 MINUTES 35 SECONDS WEST, A DISTANCE OF 231.25 FEET TO A POINT FOR CORNER; 3. SOUTH 89 DEGREES 34 MINUTES 24 SECONDS WEST, A DISTANCE OF 727.03 FEET TO A %° BENT IRON ROD FOUND FOR CORNER; 4. NORTH 88 DEGREES 49 MINUTES 15 SECONDS WEST, A DISTANCE OF 430.19 FEET TO A POINT FOR CORNER IN THE EAST RIGHT-OF-WAY (R.O.W.) LINE OF FARM TO MARKET ROAD NUMBER 2862 (FM 2862) AT THE SOUTHWEST CORNER OF SAID TRACT 1; THENCE NORTH 34 DEGREES 29 MINUTES 46 SECONDS WEST WITH SAID EAST R.O.W. LINE, A DISTANCE OF 30.70 FEED TO A R.Q.W. MONUMENT FOUND FOR CORNER; THENCE NORTH 63 DEGREES 09 MINUTES 46 SECONDS WEST, WITH SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 56.29 FEET TO A R.O.W. MONUMENT FOUND FOR CORNER AT THE BEGINNING OF A CURVE TO THE LEFT; THENCE WITH SAID EAST R.O.W. LINE ALONG SAID CURVE HAVING A RADIUS OF 999.93 FEET, AN ARC LENGTH OF 126.25 FEET, A CENTRAL ANGLE OF 07 DEGREES 14 MINUTES 02 SECONDS, AND A CHORD WHICH BEARS NORTH 41 DEGREES 45 MINUTES 44 SECONDS WEST, A CHORD DISTANCE OF 126.16 FEET TO A R.O.W. MONUMENT FOUND FOR CORNER; THENCE NORTH 45 DEGREES 22 MINUTES 46 SECONDS WEST, WITH SAID EAST R.O.W. LINE, A DISTANCE OF 428.89 FEET TO A POINT FOR CORNER; THENCE NORTH 44 DEGREES 37 MINUTES 14 SECONDS EAST, DEPARTING SAID EAST R.O.W. LINE, A DISTANCE OF 445.00 FEET TO A POINT FOR CORNER; THENCE NORTH 45 DEGREES 22 MINUTES 46 SECONDS WEST, A DISTANCE OF 384.68 FEET TO A POINT FOR CORNER; THENCE NORTH 88 DEGREES 30 MINUTES 03 SECONDS WEST, A DISTANCE OF 178.55 FEET TO A POINT FOR CORNER; THENCE SOUTH 44 DEGREES 37 MINUTES 14 SECONDS WEST, A DISTANCE OF 322.95 FEET TO A POINT FOR CORNER IN SAID EAST R.O.W. LINE; THENCE NORTH 45 DEGREES 22 MINUTES 46 SECONDS WEST, WITH SAID EAST R.O.W. LINE, A DISTANCE OF 94.51 FEET TO A R.O.W. MONUMENT FOUND FOR CORNER AT THE BEGINNING OF A CURVE TO THE LEFT; THENCE WITH SAID EAST R.O.W. LINE ALONG SAID CURVE HAVING A RADIUS OF 999.93 FEET, AN ARC LENGTH OF 209.36 FEET, A CENTRAL ANGLE OF 11 DEGREES 59 MINUTES 46 SECONDS, AND A CHORD WHICH BEARS NORTH 51 DEGREES 22 MINUTES 38 SECONDS WEST, A CHORD DISTANCE OF 208.97 FEET TO A POINT FOR CORNER; THENCE NORTH 07 DEGREES 13 MINUTES 46 SECONDS WEST, WITH SAID EAST R.O.W. LINE, A DISTANCE OF 37.94 FEET TO A POINT FOR CORNER; THENCE NORTH 60 DEGREES 43 MINUTES 46 SECONDS WEST, A DISTANCE OF 21.50 FEET TO A POINT FOR CORNER AT THE WESTERNMOST NORTHWEST CORNER OF SAID TRACT 1; THENCE NORTH 89 DEGREES 15 MINUTES 28 SECONDS EAST, WITH THE WESTERNMOST NORTH LINE OF SAID TRACT 1, A DISTANCE OF 340.74 FEET TO A POINT FOR CORNER AT REENTRANT CORNER OF SAID TRACT 1; THENCE NORTH 00 DEGREES 06 MINUTES 32 SECONDS WEST, WITH THE NORTHERNMOST EAST LINE OF SAID TRACT 1, A DISTANCE OF 184.23 FEET TO A POINT FOR CORNER AT THE EASTERNMOST NORTHWEST CORNER OF SAID TRACT 1: THENCE SOUTH 88 DEGREES 30 MINUTES 03 SECONDS EAST, WITH THE EASTERNMOST NORTH LINE OF SAID TRACT 1, A DISTANCE OF 464.00 FEET TO A CAPPED IRON ROD FOUND FOR CORNER; THENCE NORTH 89 DEGREES 25 MINUTES 15 SECONDS EAST, WITH THE EASTERNMOST NORTH LINE OF SAID TRACT 1, A DISTANCE OF 347.99 FEET TO A POINT FOR CORNER; THENCE NORTH 89 DEGREES 50 MINUTES 43 SECONDS EAST, WITH THE EASTERNMOST NORTH LINE OF SAID TRACT 1, A DISTANCE OF 190.37 FEET TO A POINT FOR CORNER AT THE SOUTHWEST CORNER OF SAID DOCUMENT NUMBER 20161115001552870 TRACT; THENCE NORTH 00 DEGREES 10 MINUTES 11 SECONDS WEST, WITH THE WEST LINE OF SAID DOCUMENT NUMBER 20161115001552870 TRACT, A DISTANCE OF 967.56 FEET TO A POINT FOR CORNER IN OR NEAR THE CENTER OF AN ASPHALT ROADWAY UNDER APPARENT PUBLIC USE POSTED AS GRAYBILL ROAD; THENCE SOUTH 89 DEGREES 24 MINUTES 46 SECONDS EAST, ALONG SAID GRAYBILL ROAD WITH THE WESTERNMOST NORTH LINE OF SAID DOCUMENT NUMBER 20161115001552870 TRACT, A DISTANCE OF 189.64 FEET TO A POINT FOR CORNER AT THE WESTERNMOST NORTHEAST CORNER OF DOCUMENT NUMBER 20161115001552870 TRACT; THENCE SOUTH 00 DEGREES 16 MINUTES 24 SECONDS WEST, WITH THE NORTHERNMOST EAST LINE OF SAID DOCUMENT NUMBER 20161115001552870 TRACT, A DISTANCE OF 189.64 FEET TO A POINT FOR CORNER AT A REENTRANT CORNER OF SAID DOCUMENT NUMBER 20161115001552870 TRACT; THENCE SOUTH 89 DEGREES 43 MINUTES 41 SECONDS EAST, WITH THE EASTERNMOST NORTH LINE OF SAID DOCUMENT NUMBER 20161115001552870 TRACT, PASSING EN ROUTE ATA DISTANCE OF 398.74 FEET TO A POINT FOR CORNER AT THE NORTHEAST CORNER OF SAID DOCUMENT NUMBER 20161115001552870 TRACT AND THE WESTERNMOST NORTHWEST CORNER OF SAID TRACT 2, AND CONTINUING ON SAID COURSE WITH THE WESTERNMOST NORTH LINE OF SAID TRACT 2 A TOTAL DISTANCE OF 520.33 FEET TO A POINT FOR CORNER AT A REENTRANT CORNER OF SAID TRACT 2; THENCE NORTH 00 DEGREES 15 MINUTES 50 SECONDS EAST, WITH THE NORTHERNMOST WEST LINE OF SAID TRACT 2, A DISTANCE OF 169.65 FEET TO A POINT FOR CORNER IN OR NEAR THE CENTER OF SAID GRAYBILL ROAD, AT THE EASTERNMOST NORTHWEST CORNER OF SAID TRACT 2; THENCE NORTH 89 DEGREES 52 MINUTES 47 SECONDS EAST, ALONG SAID GRAYBILL ROAD WITH THE EASTERNMOST NORTH LINE OF SAID TRACT 2, A DISTANCE OF 602.21 FEET TO A POINT FOR CORNER AT THE NORTHEAST CORNER OF SAID TRACT 2 AND THE NORTHWEST CORNER OF SAID 75.957 ACRE TRACT; THENCE SOUTH 89 DEGREES 04 MINUTES 24 SECONDS EAST, ALONG SAID GRAYBILL ROAD WITH THE NORTH LINE OF SAID 75.957 ACRE TRACT, A DISTANCE OF 1183.03 FEET TO A POINT FOR CORNER; THENCE SOUTH 00 DEGREES 55 MINUTES 36 SECONDS WEST, A DISTANCE OF 109.00 FEET TO A POINT FOR CORNER; LINE BEARING DISTANCE L1 N 61'43'05" E 86.68' L2 N 66'27'27" E 71.49' L3 N 80' 13' 13" W 54.16' L4 S 69'27'57" E 69.55' L5 S 78'59'07" E 110.20' L6 S 89'51'40" E 342.95' L7 N 82'47'50" W 71.89' L8 S 54' 15' 18" E 41.95' L9 N 43'39'55" W 48.65' L10 N 59'27'48" W 65.90' L1 1 S 74'07' 19" E 325.79' L12 N 81'36'25" W 80.54' L13 S 82'55'49" W 135.02' L14 S 88'39'24" E 20.86' L15 S 88'51'26" W 165.12' L16 S 84'21'35" W 231.25' L17 N 89'34'38" E 727.03' L18 N 88*49'15" W 430.19' L19 N 34'29'46" W 30.70' L20 S 63'09'46" E 56.29' L21 S 45'22'46" E 428.89' L22 S 44'37' 14" W 445.00' L23 S 45'22'46" E 384.68' L24 S 88'30'03" E 178.55' L25 N 44'37' 14" E 322.95' L26 S 45'22'46" E 94.51' L27 S 07' 13'46" E 37.94' L28 N 60'43'46" W 21.50' L29 S 89' 15'28" W 340.74' L30 S 00'06'32" E 184.23' L31 S 88'30'03" E 464.00' L32 N 89'25'51 " E 347.99' L33 S 89'50'43" E 190.37' L34 S 00' 10' 11 " E 967.56' L35 S 89'24'46" E 189.64' L36 N 00' 16'24" E 168.00' L37 N 89'43'41 " W 398.74' L38 N 89'43'41 " W 121.59' L39 S 00' 15'50" W 169.65' L40 N 89'52'47" E 602.21' L41 S 89'04'24" E 1183.03' L42 N 00'55'36" E 109.00' L43 S 89'04'24" E 281.00' 144 N 00'44'54" E 2216.11' CIRS 1 i '.00 mom woo omm vww PROP. PRIVATE PAVMT. .� ROW MON ROW MON �p -- - - - - - - - - - ----------------,__ a::`"`a ` w w 'r -. ram. f �_ � >• L15 L14 L13 Li ROW MO clRs .:.JLi6 t L18 L17 W C. R. 526 0 rr . CENTERLINE OF m m r \ 30 CENTERUNE OF N R.O.W. RESERVATION P �e� - - - - - - - - ' 4 r 30' FROM CENTERLINE OF ROAD �oF G0' �8 L5 - 1 1 1.965 ACRES 5��° P3 �2 1 � t I LEGEND = PROPERTY CORNER CIRF = CAPPED IRON ROD FOUND = BENCHMARK IRF = IRON ROD FOUND LE = TELEPHONE/UTILITY RISER CIRS = CAPPED IRON ROD SET m = BURIED CABLE MARKER (BCM) MFCP = METAL FENCE CORNER POST �T = TELEPHONE MANHOLE H WFCP = METAL FENCE CORNER POST = POWER/UTILfTY POLE PP/UP) PKNS = PK-NAIL SET = LIGHT POLE L POB = POINT OF BEGINNING C- = GUY WIRE G POC = POINT OF COMMENCEMENT 0 = ELECTRIC VAULT R.O.W. = RIGHT-OF-WAY ® = ELECTRIC TRANSFORMER MI =GRAVEL = ASPHALT PAVEMENT ® = WATER METER H = WATER VALVE w LINETYPE LEGEND PROPERTY LINE = EASEMENT LINES = - - - - - - - DEEDILOT LINES = ADJOINER LINES = - - OVERHEAD VnUTY = - - -0HU- - CENTERLINE = - - ASPHALT ROAD = 4RAVELICONC. ROAD = WIRE FENCE LINES = x x PROP. PRIVATE PAVMT. = SERVICE ENTRANCE = CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE Cl 999.93' 126.25' 126.16' N 41045'44" W 7°14'02" C2 999.93' 209.36' 208.97' N 51 °22'38" W 11 °59'46" NOTES: BEARING BASIS DERIVED FROM GPS OBSERVATIONS MADE ON THE GROUND. TEXAS NORTH CENTRAL NAD 83. CERTIFICATE OF APPROVAL APPROVED THIS THE DAY OF , 20 BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS. MAYOR CITY SECRETARY ♦ RS STATE PLANE COORDS: N: 71830M.32 E 2596178.45 TX N CENTRAL NAD 83 PRELIlVIINARY FOR REVIEW PURPOSES ONLY DEVELOPMENT PLAT LG MOTORSPORTS PARK ADDITION PHASE II BEING 158.131 ACRES OUT OF THE J. CHALMERS SURVEY, ABSTRACT NO.233 E.T.J. OF THE CITY OF ANNA, COLLIN COUNTY, TEXAS THENCE SOUTH 89 DEGREES 04 MINUTES 24 SECONDS EAST, A DISTANCE OF 281.00 FEET TO A POINT FOR CORNER AT THE NORTHEAST CORNER OF SAID 75.957 ACRE TRACT; THENCE SOUTH 00 DEGREES 44 MINUTES 54 SECONDS WEST, WITH THE EAST LINE OF SAID 75.957 ACRE TRACT, A DISTANCE OF 2216.11 FEET TO THE POINT OF BEGINNING AND ENCLOSING 158.131 ACRES OF LAND, MORE OR LESS. Item No. 10. City Council Agenda Staff Report Meeting Date: 10/10/2017 Y{OUR4 HOMETOWN F_Tr14\IbZA111=1J/F Conduct a public hearing and take action on a Resolution approving a replat of The Falls, Phase 1 A, Lot 20R-1, Block D. (Maurice Schwanke) SUMMARY: Mr. Bruce Heller has submitted an application for approval of a re -plat of The Falls, Phase 1 A, Lot 20R-1, Block D. This proposed replat contains 2.26 acres located in the Francis T. Duffau Survey, Abstract No. 288. The purpose of the re -plat is to divide the existing lot into 3 lots and to show easements that are required and already dedicated by separate instruments. The re -plat layout is in conformance with the existing zoning. Because the replat increases the number of lots from 1 to 3, a public hearing is required prior to taking action. STAFF RECOMMENDATION: Saff is recommending approval of the re -plat. ATTACHMENTS: Description Resolution Exhibit 1, Proposed Re -Plat Location Map Upload Date Type 10/4/2017 Resolution 9/22/2017 Exhibit 9/22/2017 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A RE -PLAT OF THE FALLS, PHASE 1A, LOT 20111-1, BLOCK D. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, Bruce Heller has submitted an application for approval of a re -plat of The Falls, Phase 1A, Lot 20R-1, Block D; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Re -Plat The City Council hereby approves the re -plat of The Falls, Phase 1A, Lot 20R-1, Block D attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 10t", day of October, 2017. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor Pro Tem, Justin Burr 0 80 60 40 20 0 30 60 90 120 SCALE 1 "=60' VICINITY MAP - NOT TO SCALE 0 (D 0 l aO� . LD a cn LC 0 0) O N s U (D _ s a 0 U 0 J LL White St. 455 N SITE 0 0 s 3 0-0 2 PHASE 'I CAB. O, PG. 32 P.R.C.C.T. PARKVIEW DRIVE 50' RIGHT-OF-WAY \ \ LOT 5, BLOCK D N \� CREEKSIDE PHASE 1 \ CAB. O, PG. 32 _ \ P.R.C.C.T. WATER \ EASEMENT \ r (BY SEPARATE r INSTRUMENT) \ \ o 0 \ Z L SURVEYOR'S STATEMENT STATE OF TEXAS I, Raul D. Reyes, a Registered Professional Land Surveyor, licensed by the State of Texas, affirm that this plat was prepared under my direct supervision, from recorded documentation, evidence collected on the ground during field operations and other reliable documentation; and that this plat substantially complies with the Rules and Regulations of the Texas Board of Professional Land Surveying, the City of Dallas Development Code (Ordinance No. 19455, as amended), and Texas Local Government Code, Chapter 212. 1 further affirm that monumentation shown hereon was either found or placed in compliance with the City of Dallas Development Code, Sec. 51A-8.617 (a)(b)(c)(d) & (e); and that the digital drawing file accompanying this plat is a precise representation of this Signed Final Plat. Dated this the day of , 2017. Preliminary, this document shall not be recorded for any purposes and shall not be used or viewed or relied upon as a final survey document. (0910612017) Raul D. Reyes Texas Registered Professional Land Surveyor No. 5390 STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, a Notary Public in and for the said County and State, on this day personally appeared Raul D. Reyes, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and considerations therein expressed and in the capacity therein stated and as the act and deed therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of Notary Signature TX DOT N 8903 1 11 MON. N °37'35" V FOUND 84.36' @P CM 518" IRF FOR 120.97' REFERENCE BEARS R.O.W. DEDICATION N 16039'57" W 0.36' TO TXDOT (PARCEL 7, PART 1) INST. NO.20120608000684310 POINT OF O.P.R.C.C.T. BEGINNING 2017. --'- - R.V•YY. IJCI.Jl Vl111V1Y (BASIS OF BEARINGS) TO TXDOT (PARCEL 7, PART 2) INST. NO. 2012060B000684310 O.P.R.C.C.T. F.M. HIGHWAY NO. 455 VARIABLE WIDTH RIGHT-OF-WAY 24' CROSS ACCESS, UTILITY & FIRE LANE LINE TABLE LINE # LENGTH DIRECTION L1 10.47' N25'29'13"E L2 110.51' N89'38'30"W L3 24.W N89'38'30"W L4 23.1 T NO'00'00"E L5 373.17' N90'00'00'W L6 20.40' SO'00'00'E L7 24.00' N89'37'35"W L8 152.90' NO'00'00"E L9 24.00' N90°00'00"E L10 48.66' SO'00'00"E L11 373.17' N90°00'00"E L12 170.72' NO'00'00"E L13 24.00' N90'00'00"E L14 276.04' S0°00'00'E 24' CROSS ACCESS, UTILITY 81 FIRE LANE CURVE TABLE CURVE# LENGTH RADIUS DELTA CHORD C1 47.12' 30.00' 90'00'00" N45' 00' 00"W 42.43' C2 47.12' 30.00' 90'00'00" S45' 00' 00'W 42.43' C3 47.12' 1 30.00' 90°00'00" j S45' 00' 00"E 42.43' C4 47.12' 1 30.00' 1 90'00'00" 1 N45° 00' 00"E 42.43' PARCEL CURVE TABLE CURVE # LENGTH RADIUS DELTA CHORD C1 28.00' 88.20' 18'11'28" S28' 20' 13"E 27.89' C2 71.22' 110.00' 37°05'40" S37' 47' 1WE 69.98' C3 22.96' 28.50' 46'09'03" 879' 24' 41 "E 22.34' C4 16.52' 275.00' 3°26'31" S1' 43' 56"E 16.52' N 89°38'30" W 226.79' 15' WATER EASEMENT LINE TABLE LINE # LENGTH DIRECTION L1 21.68' N25'29'13"E L2 16.26' N87°12'01'W L3 143.68' N25'29'13"E L4 15.19' N89°59'20"E L5 2.99' S00°00'40"E L6 141.25' S25°29'13"W WATER EASEMENT LINE TABLE LINE # LENGTH DIRECTION L1 21.68' N25'29'13"E L2 139A6' N87'12'01'W L3 10.01' N87"12'01"W L4 9.19, NO°00'00"E L5 10.00, 889'36'35'E L6 9.61' S0'00'00"E PARCEL LINE TABLE LINE # LENGTH DIRECTION L1 21.68' N25'29'13"E L2 361.64' N87'12'01'W L3 106.25' S88'13'33"W L4 10.00' SBB' 13'33 W L5 63.90' NO'00'00"E L6 19.00, S89'36'35'E L7 9.93' SO'00'00'E L8 9.00, N90'00'00'W L9 53.53' SO'00'00"E LOT 2 7.5' UTILITY ESMT. LOT 9, BLOCK B THE FALLS, PHASE 1A CAB. O, PG. 615 P.R.C.C.T. 20' DRAINAGE ESMT. L UTILITY EASEMENT CAB. O, PG. 615 P.R.C.C.T. LOT 10\\ BLOCK B ` OWNER'S DEDICATION State of Texas County of Collin WHEREAS The Falls Office Park L.P. is the sole owner of a 6.962 acre tract of land situated in the Francis T. Duffau Survey, Abstract No. 288, in the City Anna, Collin County, Texas, and being part of Lot 20, Block D of The Falls, Phase 1A, an addition to the City of Anna, as recorded in Cabinet 0, Page 615, Plat Records, Collin County, Texas. Said 6.962 acre tract, with reference bearing basis being the west line of aforsaid final plat of The Falls, Phase 1A, being more particularly described by metes and bounds as follows: BEGINNING at a 112 inch iron rod set with yellow plastic cap stamped "TXHS" at the Northwest corner of said TXDOT parcel from which a 518 inch iron rod found for reference bears North 16 degrees 39 minutes 57 seconds West, a distance of 0.36 feet, and lying in the new North right-of-way line of F.M. Highway No. 455 (variable width right-of-way) and also lying in the East line of Lot 5, Block D of Creekside Phase 1, an Addition to the City of Anna, Collin County, Texas, according to the map or plat thereof recorded in Cabinet 0, Page 32, Map Records, Collin County, Texas; THENCE North 00 degrees 11 minutes 42 seconds West, along the East line of said Lot 5, Block D, departing said North right-of-way line of F.M. Highway No. 455, a distance of 233.28 feet to a 518 inch iron rod found with cap stamped "JDJR" at the Southwest comer of Lot 1, Block E of said Creekside Phase 1; THENCE North 60 degrees 21 minutes 46 seconds East, along the South line of said Lot 1, Block E, a distance of 62.83 feet to a 518 inch iron rod found with cap stamped "JDJR" at an angle point in said South line; THENCE North 79 degrees 12 minutes 39 seconds East, a distance of 371.75 feet to a 518 inch iron rod found with cap stamped "JDJR" at the East corner of Lot 1, Block D of The Falls, Phase 1 B, an Addition to the City of Anna, Collin County, Texas, according to the map or plat thereof recorded in Cabinet 0, Page 631, Plat Records, Collin County, Texas; THENCE North 29 degrees 00 minutes 44 seconds West, a distance of 169.33 feet to a 518 inch iron rod found with cap stamped "JDJR" at an interior ell comer of Lot 4, Block D; THENCE North 51 degrees 18 minutes 02 seconds East, a distance of 196.49 feet to a 5/8 inch iron rod found with cap stamped "JDJR" lying in the Southeast line of Lot 19, Block D; THENCE North 55 degrees 09 minutes 58 seconds East, along said Southeast line of Lot 19, Block D, a distance of 147.97 feet to a 518 inch iron rod found with cap stamped "JDJR" at the West corner of Lot 20R-2, Block D and the beginning of a non -tangent curve to the right with a radius of 88.20 feet; THENCE along said non -tangent curve to the right, having a delta angle of 18 degrees 11 minutes 28 seconds, with a chord that bears South 28 degrees 20 minutes 13 seconds East, a chord distance of 27.89 feet, with an arc length of 28.00 feet to a 518 inch iron rod found with cap stamped "JDJR" at the beginning of a reverse curve to the left with a radius of 110.00 feet; THENCE along said reverse curve to the left, having a delta angle of 37 degrees 05 minutes 40 seconds, with a chord that bears South 37 degrees 47 minutes 19 seconds East, a chord distance of 69.98 feet, with an are length of 71.22 feet to a 518 inch iron rod found with cap stamped "JDJR" at the beginning of a compound curve to the left with a radius of 28.50 feet; THENCE along said compound curve to the left, having a delta angle of 46 degrees 09 minutes 03 seconds, with a chord that bears South 79 degrees 24 minutes 41 seconds East, a chord distance of 22.34 feet, with an arc length of 22.96 feet to a 518 inch iron rod found with cap stamped "JDJR" lying in the West line of Lot 21, Block D, said corner being the beginning of a non -tangent curve to the right with a radius of 275.00 feet; THENCE along said non -tangent curve to the right, having a delta angle of 03 degrees 26 minutes 31 seconds, with a chord that bears South 01 degrees 43 minutes 56 seconds East, a chord distance of 16.52 feet, with an arc length of 16.52 feet to a 518 inch iron rod found with cap stamped "JDJR"; THENCE South 00 degrees 00 minutes 40 seconds East, along said West line of Lot 21, Block D, a distance of 455.30 feet to a 518 inch iron rod found with cap stamped "JDJR'; THENCE South 25 degrees 29 minutes 13 seconds West, along the Northwest line of said Lot 21, Block D, a distance of 152.45 feet to a TxDot Monument found for corner lying in said new North right-of-way line of F.M. Highway No. 455; THENCE North 89 degrees 38 minutes 30 seconds West, along said new North right-of-way line of F.M. Highway No. 455, a distance of 226.79 feet to a 112 inch iron rod set with yellow plastic cap stamped "TXHS"; THENCE North 87 degrees 12 minutes 01 seconds West, along said new North right-of-way line of F.M. Highway No. 455, a distance of 129.81 feet to a TxDOT Monument found for corner; THENCE South 88 degrees 13 minutes 33 seconds West, along said new North right-of-way line of F.M. Highway No. 455, a distance of 147.41 feet to a 112 inch iron rod set with yellow plastic cap stamped "TXHS'; THENCE North 89 degrees 37 minutes 35 seconds West, along said new North right-of-way line of F.M. Highway No. 455, a distance of 120.97 feet to the POINT OF BEGINNING and containing 297,081 square feet or 6.82 acres of land. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THE FALLS OFFICE PARK L.P. Acting herein by and through its duly authorized officers, does hereby adopt this plat designating the herein above described property as the Replat of Lot 20, Block D of Falls Phase 1A, an addition to the City of Anna, Texas, and does hereby dedicate to the public use forever the streets and alleys thereon; and does hereby dedicate the easement strips shown on the plat for mutual use and accommodation of all public utilities desiring to use, or using same. No buildings, fences, trees, shrubs, or other improvements shall be constructed or placed upon, over, or across the easement strips on said plat. Any public utility shall have the right to remove and keep removed all or part of any buildings, fences, trees, shrubs, or other improvements, or growths, which in any way endanger or interfere with the construction, maintenance, or efficiency of its respective system on any of these easement strips, and any public utility shall at all times have the right of ingress or egress to and from and upon any said easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, and adding to or removing all or part of its respective system without the necessity at any time of procuring the permission of anyone. WITNESS MY HAND THIS DAY OF 2017. THE FALLS OFFICE PARK L.P. BY: JARYCO - THE FALLS OFFICE PARK, LLC., ITS GENERAL PARTNER Bruce R. Heller, Member STATE OF TEXAS COUNTY OF Before me, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Bruce R. Heller, known to me to be the person whose name is subscribed for the purpose and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS _ DAY OF , 2017. NOTARY PUBLIC, STATE OF TEXAS MY COMMISSION EXPIRES: WITNESS MY HAND THIS DAY OF THE FALLS HOMEOWNERS ASSOCIATION MANAGER STATE OF TEXAS COUNTY OF 2017. Before me, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared , known to me to be the person whose name is subscribed for the purpose and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS _ DAY OF , 2017. NOTARY PUBLIC, STATE OF TEXAS MY COMMISSION EXPIRES: A REPLAT OF THE FALLS, PHASE 1A LOT 20R-1, BLOCK D OUT OF THE FRANCIS T. DUFFAU SURVEY, ABSTRACT NO.288 ALL OF LOT 20R-1, BLOCK D OF THE FALLS, PHASE 1A CITY OF ANNA, COLLIN COUNTY, TEXAS DATE: 07/17/20171 JOB # 1501315-31 SCALE= 1" = 30' 1 DRAWN: Item No. 11. City Council Agenda Staff Report Meeting Date: 10/10/2017 YOUR} HOMETOWN /_TC]=1►IbZ\III I=1J,F Conduct a public hearing on an Ordinance changing the zoning district designation from Agricultural (AG) to Planned Development (PD) on a 10.25 tract of land located on part of lot 1 of the Anna I SD Addition, requested by the Anna Independent School District. (Maurice Schwanke) SUMMARY: The Anna ISD is requesting that a 10-acre tract of land currently occupied by the AISD football stadium be rezoned from the (AG) Agricultural zoning district to a (PD) Planned Development. The Planned Development district would have a base zoning of (SF-E) Single -Family Estate and would allow for off-street parking (as stipulated below), designate a maximum building height of 65 feet, a side yard setback of 5 feet, and building materials as outlined in Exhibit B. This zoning change request was submitted by the School District in order to allow for the construction of a new press box for the School District's stadium that is used for all home football games. Parking will be provided using the following standards: i. Parking will be provided at a ratio of 1 space per 4 seats. ii. Total capacity of stadium will be 4,800 seats with 1,200 total required parking spaces being provided on -site and off -site at Slayter Creek Park and by the use of the existing parking areas at the Anna High School (1,489+ total spaces). iii. An I nterlocal Agreement (ILA) with AISD will need to be approved to allow AISD to construct additional parking spaces at Slayter Creek Park and to formally recognize AISD's right to use the shared parkng lot at the Park. Additionally, a fire lane with an approved turn -around shall be provided to the press box. STAFF RECOMMENDATION: Staff is still working with the school district on the details relative to construction of additional parking at Slayter Creek Park and an I nterlocal Agreement that would formalize the shared parking agreement. Staff recommends that the Council hold the public hearing and, prior to formally closing the hearing, continue and hold over the public hearing until Tuesday November 14th at 7:30 p.m. in the Council chambers. ATTACHMENTS: Description Upload Date Type Draft PD Zoning Ordinance forAISD Stadium 10/5/2017 Ordinance Exhibit A Legal Description 10/4/2017 Exhibit Exhibit B 9/8/2017 Exhibit Location Map 9/8/2017 Exhibit Exhibit 1 9/8/2017 Exhibit Exhibit 2 9/8/2017 Exhibit Exhibit 3 9/8/2017 Exhibit Exhibit 4 9/8/2017 Exhibit CITY OF ANNA, TEXAS ORDINANCE NO. Anna Football Stadium "Planned Development- ("PD") Southwest corner of Highway 5 and Rosamond Parkway AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas ("City") has previously adopted ordinances, rules and regulations governing the zoning in the City; and WHEREAS, the City has received a requested zoning change on Property described in Exhibit A ("Property") attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, said Property is generally located at the Southwest corner of Highway 5 and Rosamond Parkway and is revising the existing "AG" to Planned Development (PD); and WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of Anna ("City Council") have given the requisite notices by publication and otherwise and have held the public hearings as required by law and afforded a full and fair hearing to all property owners and generally to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council has concluded that the Zoning Ordinance of the City should be amended as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The above recitals are incorporated herein by reference for all purposes. Section 2. Zoning Change The Comprehensive Plan of the City and City of Anna Ordinance No. 116-2003 as amended and codified as Part III-C of The Anna City Code of Ordinances are hereby amended by changing the zoning of the Property described in Exhibit A to PD with revisions as stated below. Planned Development A. The property shall be zoned Planned Development (PD). Development within the planned development district shall be governed by the following regulations and in accordance with Section 30 (PD-Planned Development) of the City of Anna Zoning Ordinance. B. Permitted Uses: All uses within the SF-E (Single Family Estate) C. Building Height and Area Regulations i. Maximum Height — 65 feet to top of Mechanical equipment screening. Minimum Side Yard — 5 foot adjacent to City Park D. Building Facade and Design Requirements All building facades shall conform to the following design and building material requirements: Materials shall be consistent with Exhibit B. E. Off -Street Parking i. Parking will be provided at a ratio of 1 space per 4 seats. ii. Total capacity of stadium will be 4,800 seats with 1,200 total parking spaces being provided on site including the shared parking at Slayter Creek Park and by the use of parking that currently exists at the High School. F. Other Requirements: i. An approved fire lane with approved turn -around shall be provided to the press box. Section 3. Official Zoning Map The official Zoning Map of the City shall be corrected to reflect the change in zoning described herein: Section 4. Savings, Repealing and Severability Clauses It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs, subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase, sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court of competent jurisdiction, such 2 unconstitutionality, invalidity or inapplicability shall not affect any of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are inconsistent or in conflict with the terms and provisions contained in this ordinance are hereby repealed only to the extent of any such conflict. Section 5. Penalty Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each day a violation exists is considered a separate offense and will be punished separately. Section 6. Publication of the Caption and Effective Date This ordinance shall be effective upon its passage by the City Council, approval by the Mayor, and posting and/or publication, if required by law, of its caption. The City Secretary is hereby authorized and directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas this _t" day of 2017. ATTESTED: Carrie L. Smith, City Secretary 3 APPROVED: Justin Burr, Mayor Pro Tern 1W4:1I ]1r_1 SITUATED in Collin County, Texas in the Gwyn Morrison Survey, Abstract No. 559, in Collin County, Texas being part of Lot 1 of the Anna ISD Park Addition as recorded in Document Number 20060519010002180 and being more particularly described by metes and bounds as follows: COMMENCING from a point that bears 525.0 feet south 1 degree 46 minutes west from the northwest corner and along the west line of the said lot 1 to the POINT OF BEGINNING; THENCE south 88 degrees 14 minutes east a distance of 470.0 feet to a point for corner; THENCE south 01 degrees 46 minutes west a distance of 950 feet to a point for corner; THENCE north 88 degrees 14 minutes west a distance of 470.0 feet to a point for corner; THENCE north 01 degrees 46 minutes east a distance of 950 feet to the PLACE OF BEGINNING and containing 10.25 acres of land more or less. North Elevation East Elevation South Elevation 08/24/2017 am + RAArcllikck Inc. 9.8.2077 _ E ISER ELEVATOR LOBBY Anna ISM Stadium Improvements Anna Independent School District GROUND LEVEL 9.8.2017 Anna ISD Stadium Improvements Anna Independent School District BLEACHER LEVEL 9.8.2017 _ HOME -VISITING- VIDEO - JA DIGNITARY DIGNITARY COMMON COMMON L J - - r[IRR - AREA OF MECH. - _ RESCUE Department Legend Coaches Dignitary Radio/PA uRestroom Service Video 9.8.2017 Item No. 12. City Council Agenda Staff Report Meeting Date: 10/10/2017 AGENDA ITEM: Consider/Discuss/Action regarding an Ordinance amending Part I I I-B of the Code of Ordinances (Design Standards), Section 2 (Streets), by adding a new subsection 2.12 (d) regarding subgrade material in certain fire lanes. (Joseph Johnson) SUMMARY: Our current design standards do not afford discretion to staff related to lime stabilization of subgrade under fire lanes. Currently six-inch lime -stabilized subgrade is required regardless of the development size. This may present a hardship for a small site where moving in lime mixing equipment could be cost -prohibitive. As an alternative, staff could be given limited discretion to allow six inches of flexible base with an additional inch of concrete in lieu of lime. This is an industry -accepted alternative to lime -stabilization. The amended Ordinance would add the following stipulation to the current Design Standards: D. Subgrade Alternative for Certain Fire Lanes: Notwithstanding any other provision of the Anna Code or any specifications, drawings or construction notes adopted by the City, where the total fire lane area for a development is less than 20,000 square feet, the Director of Public Works may allow, at his or her discretion, the standard pavement thickness to be increased by one inch (1 ") combined with a minimum of six inches (6") flexible base course in lieu of treating the subgrade with lime. STAFF RECOMMENDATION: Staff recommends approval of the Ordinance amending the Anna City Code of Ordinances - Design Standards. ATTACHMENTS: Description Upload Date Type Ordinance Amending Design Standards 10/4/2017 Ordinance CITY OF ANNA, TEXAS ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS AMENDING PART III - B OF THE CODE OF ORDINANCES (DESIGN STANDARDS), SECTION 2 (STREETS), BY ADDING A NEW SUBSECTION 2.12 D. REGARDING SUBGRADE MATERIAL IN CERTAIN FIRE LANES; PROVIDING A PENALTY FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED $2,000; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas ("City") is charged with regulating the paving of fire lanes in order to protect the health, safety, and welfare of its citizens; and WHEREAS, the City Council of Anna ("City Council") has investigated and determined that it would be advantageous and beneficial to the City and its citizens to amend The Anna City Code of Ordinances ("Anna Code"), by amending Part III — B (Design Standards), Section 2 (Streets), by adding a new subsection 2.12 D. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Amending Section 2 to Part III - B of the Anna Code This ordinance amends Part III — B (Design Standards), Section 2 (Streets), of the Anna Code to add the underlined provision below to subsection 2.12, to become and made part of the Anna Code, with additional provisions in underlined text (example) as follows: 2.12 Pavement Design: Pavement and pavement subgrades (Roadway and Firelanes) shall be designed based on representative onsite soil sub -surface conditions. Pavement design calculations shall be prepared by Professional Engineer licensed in the State of Texas, and be submitted with the preliminary construction plans for review as part of the construction plan review process. The submittal shall include the pavement design traffic loadings and design life. Pavement and subgrade shall be as follows: A. Residential Pavement: Reinforced concrete pavement thickness shall be CITY OF ANNA, TEXAS ORDINANCE NO. Page 1 of 3 determined by pavement design calculations. Minimum thickness of reinforced concrete pavement shall be no less than six (6) inches reinforced with No. 3 bars at 18-inch centers both ways. Concrete strength shall be NCTCOG Item 303.3.4.2. Class C (3,600 psi Compressive Strength in 28-days), with a cement content of not less than 6 sacks per cubic yard. Subgrade preparation and thickness shall be based on pavement design calculations and shall be lime stabilized no less than six (6) inches in depth. All curbs shall be 6" monolithic barrier curbs. B. Arterial, Minor Collector, Major Collector, and Firelane Pavement: Reinforced concrete pavement thickness shall be determined by pavement design calculations. Minimum thickness of reinforced concrete pavement shall be no less than eight (8) inches reinforced with No. 3 bars at 18-inch centers both ways. Concrete strength shall be NCTCOG Item 303.3.4.2. Class C (3,600 psi Compressive Strength in 28-days), with a cement content of not less than 6 sacks per cubic yard. Subgrade preparation and thickness shall be based on pavement design calculations and shall be lime stabilized no less than six (6) inches in depth. C. Subgrade: Subgrade design shall be based on representative onsite subsurface soil conditions and testing. Testing shall be in accordance with the NCTCOG Standard Specifications for Public Works Construction and be completed by a geotechnical testing lab. The geotechnical investigation shall be submitted to the City as part of the pavement design submittal. In general, the soils testing shall include representative soil borings of the site and the testing of Atterburg limits. Based on the testing results, the pavement design shall provide the percentage of the subgrade lime stabilization proposed. Stabilization shall span the width of the street, back -of -curb to back -of -curb, plus twelve (12) inches beyond the back of curb on each side, and be a minimum of six (6) inches in depth, unless greater extents recommended by the geotechnical investigation. Subgrades shall be mechanically compacted to ninety-five (95) percent standard proctor densities at optimum moisture. Future driveway cuts on existing streets shall have proposed driveway pavement constructed within 48-hours of driveway excavation or a temporary concrete mud mat shall be constructed to protect the existing street subgrade from excessive moisture penetration or moisture evaporation. D. Subgrade Alternative for Certain Fire Lanes: Notwithstanding any other provision of the Anna Code or any specifications, drawings or construction notes adopted by the City, where the total fire lane area for a development is less than 20,000 square feet, the Director of Public Works may allow, at his or her discretion, the standard pavement thickness to be increased by one inch (1 ") combined with a minimum of six inches (6") flexible base course in lieu of treating the subgrade with lime. (Ordinance - , adopted ) CITY OF ANNA, TEXAS ORDINANCE NO. Page 2 of 3 Section 3. Savings, Severability and Repealing Clauses. All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. Cross-references in other parts, articles or sections of the Anna Code which make reference to previous enactments carrying the same designation as any section amended by this ordinance shall be construed as referencing whichever currently effective provision best preserves the original intent and effect of the cross-reference. If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. The City declares that it would have passed this ordinance, and each section, subsection, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. Section 4. Penalty. A person commits an offense if the person violates any part of this section. An offense of this section is a Class C misdemeanor. Any Person convicted of violating this section shall be fined in an amount not to exceed $2,000 for each incident of violation, unless otherwise specifically set forth in this Code. Each day of the continuance of such violation shall be considered a separate offense and shall be punished separately. The penal provisions imposed under this section shall not preclude the City from filing suit tc enjoin the violation. The City retains all legal rights and remedies available to it pursuant to local, state and federal law. Section 5. Publication of the Caption Hereof and Effective Date. This ordinance shall be in full force and effective from and immediately after its passage and upon the posting and/or publication, if required by law, of its caption and the City Secretary is hereby directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas, this day of .2017. ATTESTED: APPROVED: City Secretary, Carrie L. Smith Mayor Pro Tem, Justin Burr CITY OF ANNA, TEXAS ORDINANCE NO. Page 3 of 3 i Item No. 13. City Council Agenda Staff Report Meeting Date: 10/10/2017 VOUR} HOMETOWN AGENDA ITEM: Consider/Discuss/Action regarding a Resolution approving the design of a community brand, authorizing an agreement to complete and finalize the community brand, authorizing contingency appropriation, and authorizing the implementation of the new brand throughout the city. (Jessica Perkins) SUMMARY: One of City Council Strategic Goals is to develop and implement a comprehensive brand identity for the City. On August 8, the City Council appointed a committee consisting of three (3) Council members to review options for a new city brand and to bring their recommendation to the full City Council. On September 26, the City Council received an update and reviewed the recommendation of the committee. The attached Resolution does the following with respect to the branding project: • approves the recommendation of the committee with respect to the community brand and logo design; • authorizes an an agreement with North Star to finalize the brand design based on the committee's recommendation; • authorizes a committee to work with North Star and make all decisions required to be made by the City to complete the scope of work; • authorizes allocation of funds for the project; and • upon completion of the scope of work, and without any further action by the City Council, authorizes the implementation of the new brand. STAFF RECOMMENDATION: ATTACHMENTS: Description Upload Date Type Branding Resolution 10/6/2017 Resolution Exhibit 1, Brand Design 10/6/2017 Exhibit Exhibit 2, North Star Scope of Work 10/4/2017 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA APPROVING THE DESIGN OF A COMMUNITY BRAND, AUTHORIZING AN AGREEMENT TO COMPLETE AND FINALIZE THE COMMUNITY BRAND, AUTHORIZING CONTINGENCY APPROPRIATION, AND AUTHORIZING THE IMPLEMENTATION OF THE NEW BRAND THROUGHOUT THE CITY. WHEREAS, the City Council of the City of Anna, Texas (the "City Council") recognizes the need to further the Anna Brand with branding redesign for the purpose of community development in and near the City of Anna, Texas (the "City"); NOW THEREFORE, BE IT RESOLVED BY THE CITY OF ANNA CITY COUNCIL: Section 1. Recitals Incorporated. The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Approval of Community Brand The City Council hereby approves the design of the community brand further described and depicted in Exhibit 1 attached hereto. Section 3. Authorization of Agreement The City Council hereby approves an Agreement with North Star Destination Strategies, attached hereto as Exhibit 2, to finalize the brand design described and depicted in Exhibit 1. The City Council further authorizes a committee consisting of to work with North Star and make all decisions required to be made by the City to complete the scope of work described in Exhibit 2. Section 4. Contingency Appropriation Consistent with Section 7.08 of the Anna City Charter, the City Council hereby authorizes the City Manager to transfer $12,000 from the FY 2017-2018 General Fund Contingency Appropriation to the General Fund Administration department, Contract Services account 10-400-6703. Section 5. Implementation of Community Brand Upon completion of the scope of work outlined in Exhibit 2, and without any further action by the City Council, the City Council authorizes the implementation of the new brand throughout the City and in other areas for the identification and promotion of the City. CITY COUNCIL OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 2 PASSED by the City Council of the City of Anna, Texas, on this 10t" day of October, 2017. ATTEST: Carrie L. Smith, City Secretary APPROVED: Justin Burr, Mayor Pro Tern CITY COUNCIL OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 2 Target Audience: For those interested in a friendly, relaxed comm unity alive with opportunity, Frame of Reference: Anna, Texas, at the top of Collin County growth on US75, Point -of -Differen ce: is where you can shape an ideal future for you, your family, and Anna Benefit: so you can make a difference, do things right, and stand apart. Anna, TX Downhome Charm. Start-up Spirit. Logo Design TEXAS u MORTH14 SMAR October 5, 2017 Philip Sanders City Manager City of Anna, Texas 111 N. Powell Parkway Anna, TX 75409-0776 Introduction: North Star is a place branding, marketing, research and creative design industry leader. In the past 17 years, we have worked with over 200 communities in 44 states all for the purpose of helping them to creatively express what makes them unique and make them more competitive. The same blue-ribbon team of award winning designers, creative writers and brand strategist lead each and every initiate of any size for North Star. Key personnel resumes and examples of our work attached and online at www.northstarideas.com. Leveraging the research, strategy and creative work previously conducted for the city of Anna, North Star will develop a color palette, looks, and custom deliverables for the city. Scope of Work: • Develop (2) color palettes (1 round of revisions; client approval required to proceed) • Develop (2) Looks (1 round of revisions; client approval required to proceed) • Develop (8) custom creative deliverables • Create graphic standards for the brand Timeline: • Week 1: Commence work developing color palette options • Week 3: Present color palette options • 3-4 weeks after color palette decision: Present 2 options for Looks 0 3 weeks after Looks decision: Present custom deliverables and graphic standards Terms: • 50% due upon contract initiation - $6,000 • 50% due upon contract completion - $6,000 • Additional work required beyond this scope will be billed at a blended rate of $150/hour NAM E City of Anna Date Don McEachern Date President & CEO North Star Destination Strategies, LLC