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HomeMy WebLinkAboutCCpkt2016-11-08A Y{OUR} HOMETOWN AGENDA Regular City Council Meeting Tuesday, November 8, 2016 @ 7:30 PM Anna City Hall, Council Chambers 111 N. Powell Parkway, Anna, Texas 75409 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 tum 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. Recognize 2016 Citizen Academy Graduates. (Mayor Crist) b. Recognize outgoing Board/Commission Members. (Mayor Crist) 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 October 25, 2016 (Carrie Smith) b. Review Quarterly Investment Report. (City Manager) c. Resolution approving a Final Plat of Anna Elementary No. 3. (Maurice Schwanke) d. Resolution approving a Development Plat of the Kalinke Addition. (Maurice Schwnke ) e. Resolution approving a Final Plat of the Pamela Carr Davis Miller Addition. (Maurice Schwanke) f. Resolution approving a Preliminary Plat of West Crossing, Phase 7. (Maurice Schwanke) g. Resolution approving a Final Plat of West Crossing, Phase 6. (Maurice Schwanke). h. Presentation and Review of the FY 2015-16 Asset Forfeiture Report. (Chief Jenks) 6. Consider/Dicuss/Action regarding a Resolution approving a Memorandum of Understanding between the City of Anna and the Anna Independant School District. (Chief Jenks) 7. Consider/Discuss/Action regarding a Resolution authorizing the City Manager to execute an Amendment to the existing Tower Site License Agreement for 3300 N. Powell Parkway, Anna, Texas with AirCanopy Internet Services, Inc., a Texas corporation d/b/a Rise Broadband. (Joseph Johnson) 8. Consider/Discuss/Action regarding a Resolution approving a Second Amended and Restated Facilities Agreement UDF Northpointe, LLC. - 184.01 Acre Tract. (Maurice Schwanke) 9. Briefing/Discussion regarding "It's Time Texas Community Challenge". (Mayor Crist) 10. CLOSED SESSION (EXECEPTIONS) 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 Secretary 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); discuss proposed residential development. 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. 11. 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. 12. Adjourn. 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 bulletin board. Posted on this day, November 4, 2016, at or before 5:00 p.m. 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. I Item No. 4.a. City Council Agenda Staff Report Meeting Date: 11 /8/2016 YOUR) HOMETOWN AGENDAITEM: Recognize 2016 Citizen Academy Graduates. (Mayor Crist) SUMMARY: This year's Citizens Academy class was the biggest in the last 6 years graduating as well! We extend our congratulations and thanks to the attendance, attention, inquisitiveness, and support. This Year's Graduates are: Rocio Gonzalez Kelly Paterson -Herndon Robert Simonsen Doug Hanna Susan Jones Rolanda Greer Debra Pope Joyce Farrell Terry Farrell Stuart Brown Karin Delacroix Ginny Finan Claire Flagg Willie Sims, JR Charles McBride Menrose McBride STAFF RECOMMENDATION: . All participates are 2016 class for their Certificates of Appreciation are presented to each graduate in recognition of their participation in the 2016 Anna Citizens Academy (please recognize each graduate by name and hand them their certificate). I Item No. 4.b. City Council Agenda Staff Report Meeting Date: 11 /8/2016 YOUR) HOMETOWN AGENDAITEM: Recognize outgoing Board/Commission Members. (Mayor Crist) SUMMARY: Mr. Tom Plunkett was elected to the school board in May and subsequently resigned his position on Planning and Zoning Commission. STAFF RECOMMENDATION: A Certificate of Appreciation is presented to Mr. Tom Plunkett in recognition of his service on the Planning and Zoning Commission. ATTACHMENTS: Description Upload Date Type YOUR) HOMETOWN AGENDAITEM: Approve Meeting Minutes from October 25, 2016 (Carrie Smith) SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description Proposed Minutes Item No. 5.a. City Council Agenda Staff Report Meeting Date: 11 /8/2016 Upload Date Type 11 /4/2016 Exhibit ANNA CITY COUNCI L MINUTES WORK SESSION October 25, 2016 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. Mayor Crist called the meeting to order at 6:30 p.m. 2. Roll Call and Establishment of Quorum Council Members Miller and Burr were absent. Council Member Burr arrived at 6:45 p.m. 3. Discussion Regarding November and December City Council Meeting Dates. (City Manager) A regular meeting will be held November 22 to Canvass election. Council will not hold a meeting December 27th. 4. Briefing regarding planned refunding of outstanding debt. (City Manager) In order to appropriately manage the City's outstanding debt, the City and financial advisors have developed a plan to take advantage of call dates and pursue advance refundings (where appropriate) of the City's outstanding debt. Several refundings are scheduled to occur during this fiscal year. Our financial advisor, Andre Ayala, briefed the Council on the planned refunding of the following obligations: $640,000 Series 2007 Certificates which reset to 15% on 2/15/2017 and callable @ par on same date; $165,000 Series 2007 Bonds which reset to 15% on 2/15/2017 and callable @ par on same date; $405,000 Series 2006 Certificates currently at 4% and currently callable on any date (may be economically feasible to combine with refunding of Series 2007) The refunding of Series 2007 would need to be sold by January 10, 2017 in order to close and redeem old bonds prior to 2/15/2017 and avoid reset; Staff recommended execution of this refunding before the end of 2016 and access the bank qualified market. CC Minutes 10-25-2016 Work Session 5. 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) MOTION: Council Member Beazley moved to enter closed session. Council Member Bryan seconded. Motion Passed6-0 Mayor Crist recessed the meeting to closed session at 6:44 p.m. Mayor Crist reconvened the regular session at 7:11 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. 6. 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. Mayor Crist seconded. Motion Passed6-0 7. Adjourn. MOTION: Council Member Beazley moved to to adjourn. Council Member Martinez seconded. Motion Passed6-0 Mayor Crist adjourned the meeting at 7:30 p.m. Approved on November 11, 2016. Mayor Mike Crist ATTEST: City Secretary Carrie L. Smith CC Minutes 10-25-2016 Work Session 2 /_1►1►/_0yIW96191110us] II MINUTES REGULAR SESSION October 25, 2016 The City Council of the City of Anna met in Regular 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 Crist called the meeting to order at 7:30 p.m. Council Member Miller was absent. 2. Invocation and Pledge of Allegiance. Mayor Crist led the invocation and pledge. 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. None 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. 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. CC Minutes 10-25-2016 Item 5 e. was removed from Consent agenda. a. Approve Council meeting minutes from October 11, 2016. (Carrie Smith) b. Authorize the City Manager to solicit bids for the Sherley Above Ground Storage Tank Rehabilitation Project. (Joseph Johnson) c. Authorize the City Manager to solicit bids for the Water Disinfection System Upgrades. (Joseph Johnson) d. Ordinance approving the 2016 Tax Roll (City Manager) ORDINANCE NO. 734-2016 AN ORDINANCE APPROVING THE 2016 TAX ROLL FOR THE CITY OF ANNA, TEXAS MOTION: Council Member Pelham moved to approve consent Items a - d. Mayor Crist seconded. Motion passed 6-0. e. Resolution approving a preliminary plat of Anna Crossing Phase 11. (Maurice Schwanke) Item was removed from consent agenda. RESOLUTION NO. 2016-10-243 A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A PRELIMINARY PLAT OF ANNA CROSSING PHASE 11. MOTION: Council Member Burr moved to approve. Council Member Beazley seconded. Motion Passed 6-0 6. Conduct a Public Hearing and take Action on an Ordinance changing the zoning district designation from Single Family Estates (SF-E) to Restricted Commercial (C-1) on Lots 1, 2, and 3 of the Sister Grove Estates Add ition.(Maurice Schwanke) Mayor Crist closed the public hearing at 7:47 p.m. Comments: None Mayor Crist opened the public hearing at 7:47 p.m. ORDINANCE 733-2016 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 DESCRIBEDHEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. CC Minutes 10-25-2016 2 MOTION: Council Member Pelham moved to approve. Council Member Beazley seconded. Motion Passed 6-0 7. Consider/Discuss/Action regarding a Resolution authorizing the City Manager to execute an Interlocal Agreement between Collin County and the City of Anna regarding the construction of trails at Natural Springs Park.(Maurice Schwanke) RESOLUTION NO. 2016-10-242 A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY, TEXAS, AND THE CITY OF ANNA, TEXAS (Natural Springs Park Trail Project) MOTION: Council Member Pelham moved to approve. Council Member Beazley seconded. Motion Passed 6-0 8. Consider/Discuss/Action regarding an Ordinance replacing Ordinance No. 343-2007 authorizing the Anna Fire Department to charge the cost of certain emergency and rescue services within the response area of the Anna Fire Department. (Chief Gothard) MOTION: Mayor Crist moved to table. Council Member Beazley seconded. Motion Passed 6-0 Item was tabled. g. Consider/Discuss/Action regarding a Resolution approving the Collin County Hazard Mitigation Action Plan, September 2016. (Chief Gothard) RESOLUTION NO.2016-10-240 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS APPROVING THE COLLIN COUNTY HAZARD MITIGATION ACTION PLAN, SEPTEMBER 2016 MOTION: Council Member Martinez moved to approve. Mayor Crist seconded. Motion Passed 6-0 10. Consider/Discuss/Action regarding a Resolution finding a public necessity and autho rizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement on private property owned by Testamentary Trust c/o Addison Wilson III.(Joseph Johnson) CC Minutes 10-25-2016 RESOLUTION NO. 2016-10-241 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A PERMANENT WATER LINE EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 0.038 ACRES OF REAL PROPERTY, MORE OR LESS, AND 0.038 ACRES OF REAL PROPERTY, MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY'S ATTORNEYS TO ACQUIRE SAID EASEMENTS BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE. (Testamentary Trust) MOTION: Mayor Crist moved to approve. Council Member Martinez seconded. Motion Passed 6-0 11. Consider/Discuss/Action regarding a Resolution authorizing the City Manager to execute an amendment to an engineering task order with Birkhoff, Hendricks and Carter, LLP for the Pecan Grove Water Line Project.(Joseph Johnson) RESOLUTION NO. 2016-10-239 A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING AN AMENDMENT TO THE ENGINEERING SERVICE TASK ORDER WITH BIRKHOFF, HENDRICKS AND CARTER, LLP FOR THE PECAN GROVE WATER LINE. MOTION: Council Member Burr moved to approve. Mayor Crist seconded. Motion Passed 6-0 12. Consider/Discuss/Action regarding an Ordinance amending Part II (General Ordinances), Article 29 (General Offenses), Section 4 (Discharge Of Firearms) of the Anna City Code of Ordinances. (City Mananger) Amend 3i. - Strike out acreage ORDINANCE NO. 732-2016 AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY CODE OF ORDINANCES BY AMENDING PART II (GENERAL ORDINANCES), ARTICLE 29 (GENERAL OFFENSES), SECTION 4 (DISCHARGE OF FIREARMS); PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. MOTION: Council Member Pelham moved to approve as amended. Council Member Beazley seconded. Motion Passed 6-0 CC Minutes 10-25-2016 13. CLOSED SESSION (EXECEPTIONS) 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) None 14. Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary MOTION: Council Member Beazley moved to take no action. Mayor Crist seconded. Motion Passed 6-0 15. Adjourn. MOTION: Council Member Beazley moved to to adjourn. Mayor Crist seconded. Motion Passed 6-0 Mayor Crist adjourned the meeting. Approved on November 11, 2016. Mayor Mike Crist ATTEST: City Secretary Carrie L. Smith CC Minutes 10-25-2016 5 I Item No. 5.b. City Council Agenda Staff Report Meeting Date: 11 /8/2016 YOUR) HOMETOWN AGENDAITEM: Review Quarterly Investment Report. (City Manager) SUMMARY: In accordance with the Public Funds Investment Act, the City of Anna is required to submit a quarterly report on the investment of all Public Funds held by the City. The attached report has been developed with our investment advisors, Valley View Consulting, LLC. The report includes the following: • Review of economic conditions • Review of the City's holdings • Comparison of book vs. market value • Allocation information • Other information related to the PFIA. STAFF RECOMMENDATION: No action by the City Council is required. ATTACHMENTS: Description Upload Date Type Quarterly Investment Report, Sept. 2016 10/26/2016 Exhibit CITY OF AN NA, TEXAS QUARTERLY INVESTMENT REPORT The investment portf Investment Policy an "N\ � City For the Quarter Ended September 30, 2016 Prepared by Valley View Consulting, L.L.C. to of the City of Anna is in compliance with the Public Funds Investment Act and the Strategies. Finance Director -Interim Disclaimer: These reports were compiled using information provided by the City. No procedures were performed to test the accuracy or completeness of this information. The market values included in these reports were obtained by Valley View Consulting, L.L.C. from sources believed to be accurate and represent proprietary valuation. Due to market fluctuations these levels are not necessarily reflective of current liquidation values. Yield calculations are not determined using standard performance formulas, are not representative of total return yields, and do not account for investment advisor fees. FYE Results by Investment Category: Annual Comparison of Portfolio Performance September 30, 2016 September 30, 2015 Asset Type Ave. Yield Book Value Market Value Ave. Yield Book Value Market Value Pools/Bank DDA 0.55% $ 13,541,143 $ 13,541,143 0.55% $ 151036,089 $ 15,036,089 Texpool 0.38% 263,071 263,071 0.09% 2629314 2629314 Securities/CDs 0.65% 245,550 245,550 0.90% 247,767 247,767 Totals $ 14,0493763 $ 14,04%763 $ 15,442,431 $ 15,442,431 2016 2015 Change Total Portfolio (1) 0.55% 0.55% 0.00% Rolling Three Mo. Treas. Yield 0.3O% 0.03% 0.27% Rolling Six Mo. Treas. Yield 0.42% Oslo% 0.33% Quarterly TexPool Yield 0.38% 0.06% 0.32% (1) Average Yield calculated using quarter end report yields and adjusted book values and does not reflect a total return analysis or account for advisory fees. Valley View Consulting, L.L.C. Page 1. Summary Quarter End Results by Investment Category: September 30, 2016 June 30, 2016 Asset Type Ave. Yield Book Value Market Value Book Value Market Value Bank DDA/MMA/NOW 0.55% $ 13,5413143 $ 133541,143 $ 155133,078 $ 15,133,078 TexPool 0.38% 263,071 2631071 262,823 2625823 Securities/CDs 0.65% 2451550 2451550 245,000 245,000 Totals $ 143049,763 $ 14,04%763 $ 15,6407901 $ 15 640,901 Current Quarter Average Yield (�) Total Portfolio 0.55% Rolling Three Mo. Treas. Yield 0.30% Rolling Six Mo. Treas. Yield 0.42% Quarterly Interest Income $ 18,620 Year-to-date Interest Income $ 87,077 Fiscal Year -to -Date Average Yield (2) Total Portfolio 0.55% Rolling Three Mo. Treas, Yield 0.25% Rolling Six Mo. Treas. Yield 0.37% Quarterly TexPool Yield 0.31% (1) Average Yield calculated using quarter end report yields and adjusted book values and does not reflect a total return analysis or account for advisory fees. (2) Fiscal Year -to -Date Average Yields calculated using quarter end report yields and adjusted book values and does not reflect a total return analysis or account for advisory fees. Valley View Consulting, L.L,C. Page 2. Economic Overview 9/30/2016 The Federal Open Market Committee (FOMC) maintained the Fed Funds target range of 0.25% - 0.50% (actual Fed Funds traded +/40 bps). The September FOMC meeting recorded dissenting votes for maintaining rates. More hawkish members wanted to raise the range by 0.25%. The current probability of a December FOMC meeting vote to raise the Fed Funds target is +/-60%. Second Quarter US GDP revised to 1.4% (from 1.1%, no more revision is expected). Other economic data reflected modest, yet inconsistent, growth. The US Stock markets have maintained higher levels. Treasury yields drifted slightly higher on tightening rumors. Taxable municipal bonds or CDs offer the best interest earnings opportunity, if available. 2.50 Treasury Yield Curves 2.00 1.50 � �_ _ dw � 1.00 � I I I I 0.50 0.00 O Q Q Q Q Q O 04^ 3 O4 September 30, 2015 June 30, 2016 September 30, 2016 5.50 5.00 4.50 4.00 3.50 3.00 2.50 2.00 1.50 1.00 0.50 0.00 US Treasury Historical Yields -Since 2006 N �ICU, EFA xx - WA � '� 1b \5 10 geQ 5eQ c�eQ geQ geQ c�eQ rep r�eQ 5eQ geQ 5eQ • Six Month T•Bill Two Year T_Nntw Tan Year T.Nnte 2, 500 2,250 2,000 1,750 1,500 1,250 1,000 750 500 250 0 US Treasury Historical Yields -Since 1998 J� • Six Month T-Bill Two Year T-Note Ten Year T-Note Qep, Fe,� fee fee Fe,Q, Fep, Qe,� Fee• Fep, Valley View Consulting, L.L.C. Page 3. Investment Holdings September 30, 2016 Coupon/ Maturity Settlement Book Market Market Life _Description Ratings Discount Date Date Par Value Value Price Value (days) Yield Independent Bank 0.55% 10/01/16 09/30/16 $ 131541,143 $ 13,541,143 1.000 $ 1375411143 1 0.55% TexPool AAAm 0.38% 10/01/16 09/30/16 263,071 2631071 1.000 263,071 1 0.38% Texas Star Bank CD 0.65% 04/07/18 04/07/16 245,550 2453550 1.000 245,550 554 0.65% $ 14104%763 $ 14,0493763 $ 14,049,763 11 0.55% (1) (2) (1) Weighted average life -For purposes of calculating weighted average life, pool and bank account investments are assumed to have a one day maturity. (2) Weighted average yield to maturity - The weighted average yield to maturity is based on adjusted book value, realized and unrealized gains/losses and investment advisory fees are not considered. The yield for the reporting month is used for pool and bank account investments. Valley View Consulting, L.L.C. Page 4. Portfolio Composition aa�� nnni�nnnnitinw Total Portfolio (Millions) Op0 ,`p9 �\.�o,,p�,O ,O ^\.�O ^�.��. a.�1 O\.��. ^\.�+• ^�'�`Y a��l. .�'L ^�1'L .�9 a.�'� 0�.��5 ^�.�9 ��r�A O�r�A a,A ��.�P ��,�5 r�0 0�.��J ���0 ��16�0�.�6 O�^6 1z, oo" oAf ° ��' off' CF o°<' Q7 off' o ��f °off' o�<' s ' 67 CF CS s off' 4SFr Total Portfolio Performance u.nu 0.50 0.40 rn m d 0.30 U N o. 0.20 0.10 0.00 MfW13san"1 ceP.1 pe�1 �a�.1A�oo"1 SeP"1 peU1 �a�.ly�aa1 sgp.1 peU1 �a�.16,�a"1 SeP"16 � TexPool � Weighted Average Yield Valley View Consuking, LL.C. Page 5. Book Value Comparison Description Independent Bank TexPool Texas Star Bank CD TOTAL June 30, 2016 September 30, 2016 Coupon/ Maturity Purchases/ Sales/Adjust/ Discount Date Par Value Book Value Adiustments Maturities Par Values Rnnk Valna 0.55% 10/01/16 $ 15,133,078 $ 15,133,078 $ — $ (1,591,935) 0 13,541,143 $ 13,541,143 0.38% 10/01/16 262,823 262,823 248 263,071 263,071 0.65% 04/07/18 245,000 245,000 550 245,550 245,550 Market Value Comparison Independent TexPool Texas Star Bank CD TOTAL $ 15,640,901 $ 15,640,901 $ 798 $ (1,591,935) $ 14,049,763 $ 14,049,763 June 30, 2016 Coupon/ Maturity Discount Date Par Value Market Value 0.55% 10/01/16 $ 15,133, 078 $ 15,133, 078 0.38% 10/01/16 262,823 262,823 0.65% 04/07/18 245,000 245,000 $ 15,640,901 $ 15,640,901 September 30, 2016 Qtr to Qtr hange Par Value (1,591,935) $ 13,541,14� 248 263,071 550 245,550 Market Value $ 13,541,143 263,071 245,550 14 $ (1,591,138) $ ,049,763 $ 14 049,763 Page 6. Valley View Consulting, L.L.C. Allocation Book &Market Value Independent Bank TexPool Tota I $ 13,541,143 2633071 General Operating $ 1,093,210 206,376 General Debt Service Fund - Fund - Restricted General $ 71,795 $ 21848 General Capital Utilities Projects Operating 8041545 $ 4,854,205 Utilities Funds = Restricted $ 5,3041274 56,695 September 30, 2016 EDC $ 846,402 CDC 563, 865 Texas Star Bank CD 245,550 122,775 122,775 Totals $ 14904%763 $ 114227360 $ 713795 $ 21848 $ 804 545 $ 439769980 $ 5 360 969 $ 846,402 $ 563,865 Page 7. Valley View Consulting, L.L.C. Allocation June 30, 2016 General Debt Service General Utilities General Fund - Fund - Capital Utilities Funds = Book & Market Value Total Operating Restricted General Projects Operating Restricted EDC CDC Independent Bank $ 157133,078 $ 11548,476 $ 673383 $ 244,254 $ 742,723 $ 4,4481899 $ 61652,501 $ 840,112 $ 588,732 TexPool 262,823 2061181 56,642 Texas Star Bank CD 245,000 122,500 122,500 Totals 4) 15564%901 1) 15877,157 $ 67,383 4i 2449254 $ 7425723 $ 45571,399 $ 6,709J42 $ 840,112 $ 588 732 Page 8. Valley View Consulting, L.L.C. I Item No. 5.c. City Council Agenda Staff Report Meeting Date: 11 /8/2016 YOUR) HOMETOWN AGENDAITEM: Resolution approving a Final Plat of Anna Elementary No. 3. (Maurice Schwanke) SUMMARY: Anna ISD has submitted an application for approval of a final plat of the Anna ISD Elementary School No. 3. The 37-acre tract of land is located at 1224 Leonard Drive, just south of the Anna Town Square development. With the development of the school site, AISD will construct the western two lanes of a 6-lane divided thoroughfare (Leonard Avenue.) from the southeast corner of the property extending north to Sharp Street. These improvements are consistent with the recommendations of a traffic impact analysis that was commissioned by the school and reviewed by the City. A 12-inch water line will also be constructed parallel to Leonard Avenue and will be looped into the water system under construction in Anna Crossing Phase 1 B. Wastewater for this tract is provided via an existing manhole located at the northwest corner of the tract at Sharp Street. Storm water detention will also be provided on site. The southern portion of this property will be the location of a future middle school. Construction plans for the improvements to Leonard Avenue are still under design and have not yet been approved. The Resolution approving the final plat includes a specific requirement that the District construct the Leonard Avenue improvements in connection with this development. The Planning and Zoning Commission will consider approval of this plat during their regular meeting on November 7th STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution and Final Plat. ATTACHMENTS: Description Resolution approving Final Plat Final Plat Location Map Upload Date Type 11 /3/2016 Resolution 11 /1 /2016 Exhibit 10/31 /2016 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A FINAL PLAT OF ANNA ISD ELEMENTARY SCHOOL NO. 3. 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, Anna ISD has submitted an application for approval of a final plat of the Anna ISD Elementary School No. 3 (the "Property"); and WHEREAS, Anna ISD has committed to construct all public improvements required by the Subdivision Regulations prior to the issuance of a certificate of occupancy for any structure located or constructed on the Property; 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 Anna ISD Elementary School No. 3 attached hereto as Exhibit 1. Section 3. Construction of Public Improvements Prior to recording the final plat in accordance with the Subdivision Regulations, the owner of the Property shall construct or cause to be constructed all public improvements required by the Subdivision Regulations for development of the Property. Construction of the western two lanes of a 6-lane divided thoroughfare (Leonard Avenue.) from the southeast corner of the Property extending north to Sharp Street, is one of the public improvements that must be constructed in connection with development of the Property. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 8th day of November 2016. ATTEST: City Secretary Carrie Smith Exhibit 1 Res. APPROVED: Mayor Mike Crist Page 1 Final Plat of Anna ISD Elementary School No. 3 0 oco EXHIBIT I 0 0 z 0 w¢0 �>q- 13_� d- I- Q Q 0 CD N _0 Q050U LdQ ~ G 10� �Cnd.'n2 00< Oa`b PSG `L 00� � C) o o 0 0 0 N J ,b. �65, NQ GG� z z 0 0 REMAINDER OF TRACT 1-129.92 ACRES Q o o BLOCK A, R.O.W. DEDICATION P O o � ANNA ANNA TOWN CENTER NO. 4/SHRP, LTD DOC. N0. 20141114001248710 P�`��° REMAINDER OF TRACT 1-129.92 ACRES DOC. NOCROSSING, PHASE 3A DOC. NO. 2004-38965 D.R.C.C.T. D.R.C.C.T. 00�' ANNA TOWN CENTER NO. 4/SHRP, LTD O N 2016-48 D R D C. T DOC. NO. 2004-38965 D.R.C.C.T. -� Z Z o REMAINDER OF TRACT 1-129.92 ACRES SHARP STREET CONS COUNTY ROAD 422 ANNA TOWN CENTER NO. 4/SHRP, LTD (APPARENT 40 R.O.W.) J Q L, DOC. NO. 2004-38965 D.R.C.C.T. (FU TURE 6 0' R. 0. W. CON I \-, CON C • s " , CONC 71 CRA AVEL ASPH — — — — — — — 00 PASSING AT 1815.29 I ��--------------------------------- 10.0' U.E. A 1/2" IRF W/ CAP D = 0749 361 1 -t I DOC. NO. 2015-262 "CORWIN" (C.M.) R = 530.00' P.R.C.C.T. LOT 9 I CHB = N 84'311'41 " E 1-1 I I I I 0 EASEMENT CHD = 72.34' I I I VOL.27782,OAD PG. 599 D.R.C.C.T. I I I ~o ¢ I = 72.40' I I I I (ABANDONED BY THIS PLAT) I 1 I I r_J-------1-------J (nft� I I 1------- - - - - - - 15' W. L. E. o _ (BY THIS PLAT) I I I I I J¢ 15' W.L.E. p F 1 I VOL. 1056, PG. 899, I I o -a N O I I VOL. 1057, PG. 13 I I J m O N 7.5' U.E. I I D.R.C.C.T. (SEE NOTE 6) 1 1 1 I r2 U p I VOL. 782, PG. 599 I I 1 1 1 I z Z D.R.C.C.T. 1 1 I 1 0 ZU I I I I I ¢ QO 15' W.L.E. J _ I I (BY THIS PLAT) E:� 1 I ~I I I 0 11 i II o I 11 N w CL U O 0 N h- v PASSING AT 1390.69' I wCL 34.92 ACRES I I 60' R.O.W. DEDICATION DEDICATED BY THIS PLAT I A 1/CORWIN- (C.M.) I I I 1 I I 1,521,085 SQ. FT. LOT 1, BLOCK 1 I 20' W.L.E. (BY THIS PLAT) I l I C J n L------�--------- / --___ —� F_ I---- -�// W r------------------I � I II I I 1 15' W.L.E. I Q (BY THIS PLAT) II CID I II I o _J I I I II I N N � I I I I I LiOf I I I ¢mom I I I I� to ��� " � oo ----------------------- --1 --- -------- n -----------I" I z� 1 ---------- -- — —— — — — —— Ld LL. O — n I 15' U.E. Ld 0 I LJ VOL. 782, PG. 599 D.R.C.C.T. t W U N I o ��� I IZ I I ¢ O 20' ROAD EASEMENTI I W ~ U I VOL. 782, PG. 599 or 0 P.R.C.C.T. Z I i 11 Q I II I REMAINDER OF 37.00 ACRES 1 I I AS CALLED IN DEED TO I ANNA INDEPENDENT SCHOOL DISTRICT I I 1 I I DOC. NO. 2006-2879 D.R.C.C.T. I I I I 1 II I I I I G. STARK SURVEY, A- 798 I I 15' W.L.E. I I II VOL. 1056, PG. 868 1 I I D.R.C.C.T. I II I 7.5' U.E. I I II VOL. 782, PG. 599 I I I I I P.R.C.C.T. I I I I I I 1 II II II I I I I I I II II II II U I I U I II LJ 1 297.27' 6 1 I �3 L N 86131 '17" W 357. 30' I I U PASSING AT I I 30.02' A 1/2" IRF 1 P.O.B. 1/2" IRF(C.M.) I of I I ►� I I I zik 2.89 ACRES RICHARD A. McMINIMY & I CATHERINE F. McMINIMY I 0) DOC. NO. 2004-29301 D.R.C.C.T. 1 I N I Q) 7.5' U.E. 1 VOL. 782, PG. 599 P.R.C.C.T. L ----- N 88'34'45" W 539.19' 1/2" IRF(C.M.) I 16.376 ACRES I JAMES RUSSELL GARVEY JR. DOC. NO. 20150706000823940 D.R.C.C.T. 1 360.545 ACRES HARLAN PROPERTIES DOC. NO. 20140724000770380 D.R.C.C.T. C.R. 422 M a d SITE 3Q N z U Q C.R. 421 �y 4° m U VICINITY MAP NOT TO SCALE Graphic Scale in Feet 0 100' 200' 300' SCALE: 1" = 100' A B B R E V I A T 1 0 N S D.R.C.C.T. DEED RECORDS OF COLLIN COUNTY, TEXAS P.R.C.C.T. PLAT RECORDS OF COLLIN COUNTY, TEXAS VOL. VOLUME PG. PAGE DOC. NO. DOCUMENT NUMBER IRF IRON ROD FOUND C.M. CONTROLLING MONUMENT U.E. UTILITY EASEMENT W.L.E. WATER LINE EASEMENT R.O.W. RIGHT-OF-WAY B.L. BUILDING LINE L E G E N D NOT TO SCALE o PROPERTY CORNER o INTERIOR PROPERTY CORNER That I, David Carlton Lewis, a Registered Professional Land Surveyor licensed in the State of Texas, do hereby certify that I have prepared this plat from an actual on the ground survey of the land and the monuments shown hereon were found and/or placed under my personal supervision and in accordance with the Platting Rules and Requlations of the City of Anna, Texas. This document shall not be recorded for any purpose. This drawing shall be used for REVIEW PURPOSES ONLY NOT FOR APPROVAL David Carlton Lewis, R.P.L.S. No. 5647 Date: OCTOBER 21, 2016 David Carlton Lewis, R.P.L.S. Texas Registration No. 5647 Spry Surveyors, LLC. 8241 Mid Cities Blvd Ste 102 N. Richland Hills, TX 76182 PEE °0 F C-) e s rERe . uno DAVID CARLTON LEWIS ° °,o °°5647 000G000° o °'o ESS�o UR NOTARY CERTIFICATE STATE OF TEXAS COUNTY OF TARRANT Before me, the undersigned authority, a Notary Public in and for the said County and State, on this day personally appeared DAVID CARLTON LEWIS, 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 expressed herein. Given under my hand and seal of office, this _______ day of 20 OWNER'S DEDICATION STATE OF TEXAS COUNTY OF COLLIN WHEREAS, Anna Independent School District, is the owner of all that certain 37.00 acres of land, by the virtue of the deed recorded in Document Number 2006-2879 in the Deed Records of Collin County, Texas (D.R.C.C.T.), in the G. Stark Survey, A-798, City of Anna, Collin County, Texas and more particularly described by the metes and bounds as follows: (all bearings shown hereon are based on the east line of Anna Crossing, Phase 1A, recorded in Document Number 2015-262 in the Plat Records of Collin County, Texas (P.R.C.C.T.)) BEGINNING at a 1/2" iron rod found for the southwest corner of said 37.00 acre tract, common to the northwest corner of the 16.376 acre tract described in the deed to James Russell Garvey Jr. recorded in Document Number 20150706000823940 D.R.C.C.T., and in the east line of the 20.164 acre tract described in the deed to Steve L. Warne recorded in Volume 810, Page 425 D.R.C.C.T.; THENCE North 01' 17' 22" East passing at a distance of 1,390.69' a 1/2" iron rod with a cap stamped "CORWIN" found for the southeast corner of Lot 14, Block A, of said Anna Crossing, Phase 1A, and passing at a distance of 1815.29' a 1/2" iron rod with a cap stamped "CORWIN" found for the northeast corner of Lot 9, of said Block A, Anna Crossing, Phase 1A, and continuing for a total distance 1862.12' to a 1/2" iron rod with a cap stamped 'SPRY 5647" set for the most westerly northwest corner of the herein described tract, common to the southwest corner of the right—of—way dedication, recorded in Document No. 20141114001248710 D.R.C.C.T. (part of Future 60' Right —Of —Way, Sharp Street), which is a point on a curve to the left, having a central angle of 07' 49' 36", a radius of 530.00' and a chord bearing and distance of North 84' 31' 31" East — 72.34'; THENCE along said curve to the left, along the south line of said right—of—way dedication, an arc distance of 72.40' to a 1/2" iron rod with a cap stamped 'SPRY 5647" set for the most northerly northwest corner of the herein described tract, common to the east corner of said right—of—way dedication, and in the north line of said 37.00 acre tract, common to the center line of County Road 422 (Apparent 40' Right —Of —Way); THENCE South 88' 25' 49" East — 880.30' along the centerline of said County Road 422, to a mag nail with a washer stamped "SPRY 5647" set in concrete for the northeast corner of the herein described tract; THENCE South 01' 34' 16" West — 1508.79'continuing along the centerline of said County Road 422 to a mag nail with a washer stamped "SPRY 5647" set in asphalt set for the most easterly southeast corner of the herein described tract, common to the northeast corner of the 2.89 acre tract described in the deed to Richard A. McMinimy & Catherine F. McMinimy recorded in Document Number 2004-29301 D.R.C.C.T.; THENCE North 86' 31' 17" West along the north line of said McMinimy tract, passing at a distance of 30.02' a 1/2" iron rod found and continuing for a total distance of 357.30' to a 1/2" iron rod with a cap stamped 'SPRY 5647" set for a point for a corner of the herein described tract; THENCE South 09` 29' 19" West — 339.92' along the west line of said McMinimy to a 1/2" iron rod found for the most southerly southeast corner of the herein described tract, in the north line of the said James Russell Garvey Jr. tract; THENCE North 88' 34' 45" West — 539.19' along the north line of said James Russell Garvey Jr. tract, to the POINT OF BEGINNING and containing 37.00 acres of land. NOW THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS: That Anna Independent School District, the Owner, does hereby adopt this plat designating the herein before described property as LOT 1, BLOCK 1, ANNA ELEMENTARY NO. 3, an addition to the City of Anna, Collin County, Texas, and does hereby dedicate fee simple to the public use forever any streets, rights —of —way, and alleys shown thereon, and do hereby reserve the easements shown on this plat for the mutual use and accommodation of all public utilities desiring to use or using the same. 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 in which any way endanger or interfere with the construction , maintenance or efficiency of its respective systems on any of these easements, and any public utility shall at all times have the right of ingress and egress to and from and upon the said easement for the purpose of constructing, reconstructing, inspecting, and patrolling, without the necessity at any time of procuring the permission of anyone. This plat approved subject to all platting ordinances, rules, regulations, and resolutions of the City of Anna, Texas. Witness our hands this — — — — — — — — — — — — — — — — — — — — — — — — — day of -----------------, 20---. Signature Title NOTARY CERTIFICATE STATE OF TEXAS COUNTY OF --------- Before me, the undersigned authority, a Notary Public in and for the said County and State, on this day personally appeared 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 expressed herein. Given under my hand and seal of office, this ------- day of -----------------, 20---. Notary Signature Notary Stamp: Certificate of Approval of the Planning and Zoning Commission This plat has been submitted to and considered by the PLANNING AND ZONING COMMISSION of the City of Anna, and is hereby approved by such Commission. This _______ day of 20___, to approve this Plat. BY: Chairman Attest:_________ Secretary Statement of Adoption by Council The City Council of Anna, Texas on this _______ day of to adopt this plat and approve it for filing of record. Notary Signature Notary Stamp: BY: --------------- N 0 T E S Mayor 1. This Survey is issued without the benefit of a current title report and is subject to revision upon receipt thereof. Surveyor has done no additional research for possible easements, restrictions or covenants Attest: ------------. which may affect this property. City Secretary 20___, voted affirmatively 2. The Surveyor has not physically located any underground utilities and/or improvements which may be A FINAL PLAT OF LOT 1, BLOCK 1 located under or near the subject property. 3. According to the Flood Insurance Rate Map No. 48085CO160 J, published by the Federal Emergency ANNA ELEMENTARY NO. 3 Management Agency, dated: June 02, 2009, the surveyed property shown hereon does not lie within any special flood hazard area inundated by the 100—year flood. AN ADDITION TO THE CITY OF ANNA, A PLAT OF THE 37.00 ACRE TRACT 4. On the issue date of this survey the surveyed property shown hereon is zoned SF—E (Single Family TO ANNA INDEPENDENT SCHOOL DISTRICT, RECORDED IN DOCUMENT NUMBER 2006-2879,IN THE DEED RECORDS OF COLLIN COUNTY, TEXAS Residential) according to the City of Anna zoning ordinance maps. Refer to said zoning ordinance for IN THE G. STARK SURVEY, A — 798 minimum and maximum setback requirements. CITY OF ANNA, COLLIN COUNTY, TEXAS 5. The basis of bearing for the property shown hereon is the east line of Anna Crossing, Phase 1A, OWNER: Anna Independent ENGINEER: Hamilton Duffy, P.C. SURVEYOR: Spry Surveyors Document Number 2015-262 P.R.C.C.T. School District E.S.&C.M., Inc. 8241 Mid —Cities Blvd., Ste.102 6. The 15' Water Line Easement recorded in Volume 1056, Page 899 and Volume 1057, Page 13 is 501 S. Sherley 8241 Mid —Cities Blvd., Ste.100 North Richland Hills, TX 76182 Anna, TX 75409 North Richland Hills, TX 76182 Phone: 817-776-4049 described as 15' wide thereof being the centerline of a water line as installed. Location as shown is Phone: 817-268-0408 Firm Reg. No. 10112000 approximate. 7. Water & Sanitary Sewer Service along future Sharp Street is maintained by the City of Anna. Water SPRY PROJECT No. 022-026-30 service along County Road 422 is maintained by North Collin Water Supply Corporation. DATE: OCTOBER 2016 8. Unless otherwise noted, all boundary and/or lot corners for the subject property shown hereon are 1/2" iron rods set with a cap stamped "SPRY 5647". THIS PLAT WAS FILED IN DOCUMENT NO. ON DATE 5 42 SITE El 22 UP I Item No. 5.d. City Council Agenda Staff Report Meeting Date: 11 /8/2016 YOUR) HOMETOWN AGENDAITEM: Resolution approving a Development Plat of the Kalinke Addition. (Maurice Schwnke) SUMMARY: Robert Kalinke has submitted an application for approval of a development plat of the Kalinke Addition. This 11.12-acre tract is located within Anna's exterritorial jurisdiction at 11787 Turtle Creek Lane. The owner is proposing to build a house on the property. Access for the property is from a private access easement that originates off of Wild Rose Lane. The submittal meets the City of Anna development plat requirements. The Planning and Zoning Commission will consider approval of this plat during their regular meeting on November 7. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution and Development Plat. ATTACHMENTS: Description Upload Date Type Resolution approving Development Plat 11 /4/2016 Resolution Exhibit 1, Kalinke Development Plat 11 /4/2016 Exhibit Location Map 10/31 /2016 Backup Material CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A DEVELOPMENT PLAT OF THE KALINKE ADDITION. 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, Robert Kalinke has submitted an application for approval of a development plat of the Kalinke Addition; 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 development plat of the Kalinke Addition attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 8t" day of November 2016. ATTEST: APPROVED: City Secretary Carrie L. Smith Mayor Mike Crist Exhibit 1 Res. Page 1 Kalinke Development Plat EXHIBIT I 001, Olm"i PCOM, COY REC(.-M-2 @0 P-410-511E MOM, @11 UINME 42Z.70-11 KL=- FM X0. KIM F=- DID. 2MMU00=9500 G-j'= L@U a@ @0 09 10FE -------------- Q- com? VOL. 407 M 097 MOOT a FRAC 2 sew YY 7 SSEP03"RG tj STALL Go. No. MO 14 YM F = W gg ® s�� ® Q \¢® :t AL92AM FOE VO. 201=2800000Z= CROCT PReposm - ' Slq Mr- L105KNM C: M = OrRm- CF Mcci-ID3 m3m KAMM ET Ux P.104 VALD"CE FIE NO. 20=82=9073552D mc wy ME sm N @00 QRD MO6 Do Uj P- (0) MOD 0 RE 5.0 Im I'm C L@T al t VA-1:3 C-1 CS TkSL0M UM Q MYC R.A,a SZ.% CM= C3MVI 701M 40% = cm uz�ln C=- m Comm 2sm GM '!AU c 5 &M q1t &= ZAEMMN TO GMYSM-Ctnsea ELEC1=1 pm vw C �=mM Mlw= MED ru Mw=MMl".0rZ�McVRl VOL 4m P3 2ng am Pam npa 0s, M� VM VLC M 137-0=729 MOOT R;V= PRM c. umm MEMi sm, VUE ta r Mtp= AD= e. UMM E92.-�—,T CM FILC CM MUM=M9250913% 0 A co�' 7(7�)C) N) r" Z� A== EAM= �lm VA-ly"NY cm TOM Fu CIA 29MOMC207015M Q�= MI 4', P�'�PA7Z M- VMCM7 C2= C7 MC PC= m MO W1390 ELCM- Km=m-um Cc=cs or 00 G. CZVEM CDT, 9, ZTE6 M- QMV or MI Mum RIL - VOL 44M PC 2329 W-U= M I? PM AND MWPRET VA311 VACOMI D 20WOMCCOCO3340 02COT PAn VAN Umax D AM WTFE TELE I PED DAAAMAMET V91 WAGONER ME VO. 04-CN74-% age OF= i 19 imue SEASO FIE M. 9D0 EDP- eo Me C5-GM6705 On= GDB- ar. M E A 19 l M 19 29 o 6 �340 monvu ��OOMG FILE NO. OOS4t34 Fl= T'j 2 Mo 301<01110 91 00M, re qgo FOUND umll ROD SET E10114 PLOD vjmg YELLOW CAP Lp. LMKT POLE a--. OVEMTELECTMC TP IT" POST Felcz omen ra -, 0 WOOD POST MCC Comm Pp . POWER POLE TELE PM TELEPHOn FOSSTAL SMVEY Lpa EXIMr FMC[E- L[MZ 03STM Kumm UETER POLE E. M ELEOMO FUME EASMMT L[`-- 0001 ROBERT "ALIM. AND SUW&'VCR/EKGDaM xm &AM G. SWAM IMD W. UMVERSITY 606 M MASON ST Me,M&-f, TX 75039 Mrj—u, TX 76M mi wj � 5 Pq W-,ME? c-rv'P N.T.S. SEM lLV- awes of c pol 09 Um EX. Lmm SumcV, Abablact NA547, 00 .7 " past of a cded 94.002 0= b=t of IMW dawarlwFdrJumty 0,,xW to PmA Von W FRO No. 713V= �t9tc Rocca da, of Coin Cow. Hma�, ced %12 cc= b-'!flq on= pc$aa&}a t *=rbw by mtoo CDA lt=do Go woucs SEMMIG at a faced gore ad at ft cuuftwcot =nw of beat @=tcffn MOO cmm to Jaffa'c= Bri Abirott Qi Fd�o Vot of ro=d undw Fie No. 49 -t�- g pelrMtr. OCA No of Lot 38. ZZ;MF.'n=. %= = o? rocard Lmdzr Flb No. M-04524, Pkt Peccyd% Can Cc-ty. To=; TKB�'m 3 Ge asq. 03 Mh 20 c= E 0 f3tutco 09 250-Co fc� to a C'A E?gq red fer coms?l THENCE S CO dog. 3 mIL 41 cm CJ a C32m= of G53.74 foot to (o cot Cron red far com2n THMM S 24 dog. % m!rL 26 cog. E o C-itotco of 5D4.79 fcot W (m cot fta rod ft' cas TKENCE W GO dzg.,30 me L Ta moo. VJ o e3totpo aq 209.Gg kat to (2 cot EfeZ red for @wmn THENVE 8 CD dog. 9 wft 41 cm W puzzz!mg a cot Uan red of @ a cDotm= of 44M ftot. Rn 4 a toW dbtmm of OC327 Foot to @ pent tm @=tc? Cho of Beim spr%g Branch For cc=n TEEXCE U'M Mo cwftr bo of em spfule emigh un fc�t� om= mid d�s� S 30 dog. 28 mh 28 am CJ a c9aimmo of 02-13 qcotz S 34 dog. 10 mh 21 wa. W a cCbt¢rtco of 38.53 foots 0 63 day. 24 nft 32 ose. W a &tmco of 34.40 ft*b S 73 dog. 59 mh 19 eases. 6 a d!m c of 50.80 k-st M 54 &S 53 mh. 38 coo. VJ a d2tw= of 1000 ftab 3 76 dam. 41 itch. 35 wr- V7 @ d�atwto of 33.90 foot to a pctvt rh go curbw Dto of CM some Spft erenth C@=bmhu tho C=H=Ot earner of Lot 41, cdd StWfhhd Form Adffftni 7M= N 00 dog. T3 mh 39 oc C prmctM a cot Lva rod at a Czto= of 513.42 fccrk, to cM a toW dttm= of 083.42 foot to @ kzmd b-ml rod VC7 cenrm TKMCE M 00 dog. 9 mh 03 cca. E a C3bn= of 428.7G feat � (m farad b,ca md for cumm TKEKICE M CO dog. 24 ffft 00 C= E a C3to= of 240M Voot to ft PLACE OF EZ09MG and emrk&&M 464,42G c:p= fcot a? IM2 ewco of Uutd, fn= on, P0" S LIMITS CITY LIMITS I Item No. 5.e. City Council Agenda Staff Report Meeting Date: 11 /8/2016 YOUR) HOMETOWN AGENDAITEM: Resolution approving a Final Plat of the Pamela Carr Davis Miller Addition. (Maurice Schwanke) SUMMARY: Pamela Carr Davis Miller has submitted an application for approval of a final plat of the Pamela Carr Davis Miller Addition. This 0.573-acre tract is located at 408 Smith Street. The owner plans to build a large storage building on the property. The property has not been previously platted. Before the issuance of a building permit, the property upon which the building will be located must be platted in accordance with all City requirements. The submittal meets the City of Anna plat requirements. The Planning and Zoning Commission will consider approval of this plat during their regular meeting on November 7. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution and Final Plat. ATTACHMENTS: Description Resolution approving Final Plat Exhbit 1, Final Plat Location Map Upload Date Type 11 /4/2016 Resolution 10/31 /2016 Exhibit 10/31 /2016 Backup Material CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A FINAL PLAT OF THE PAMELA CARR DAVIS MILLER ADDITION. 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, Pamela Carr Davis Miller has submitted an application for approval of a final plat of the Pamela Carr Davis Miller Addition attached hereto as Exhibit 1. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Final Plat The City Council hereby approves the Final Plat of the Pamela Carr Davis Miller Addition attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 8th day of November 2016. ATTEST: APPROVED: City Secretary Carrie L. Smith Mayor Mike Crist Exhibit 1 Res. Page 1 Pamela Carr Davis Miller Addition Final Plat EXHIBIT 1 I 1 7TH STREET ❑LD FENCE POST I \ 33.94' F_T_ — — _ 1 BR❑❑KE HENDRICKS � J CLERK'S FILE NO. I J c X I I 95-0064043 1/2_ INCH CS25' R.O.W. DEDICATI❑N Lu IR❑N PIN FOUND o VOLUME 2010, PAGE 24 CCPR J C)DAVID R, LEWIS J❑SEPH B, MURPHY cu MITZI G. LEWIS la LOT 1, BLOCK ONE — — — — — — CLERK'S FILE N❑, I 'Y) CLERK'S FILE NO, I JC I WIESE ADDITI❑N I 20101013001108510 CZ) 20141110001228920 J M I VOLUME 2010, PAGE 24 ICCPR I JAY ALAN & LAURA B. NEWLAND IQ z A o CLERK'S FILE NO, I l__ S 87°46'28" E 250,00' z 20120809000984130 �BEGI~ G - ~ CENTER OF EXISTING CONCRETE STREET — r� c 216,25' C) 5' o NORTHWEST CORNER D _ TRACT IN VOL. 2200, 25� � W o W �5/8 IRON + o PAGE 550 LOT 1 3 r� W PIN "F❑UND �5/8" IRON I z cv 3/4-INCH IRON BL❑CK A y l It 3 I z i� PIN SET N MARTIN G, CHANDLER I PIN FOUND q 0 �,495 ACRE o � �,� VOLUME 791, PAGE 64 Z I I CD ir) o 25' BLD, LINE o 0 I z 60d NAIL SET 215,88' y R❑ W I--- I J❑SEPH MURPHY w e �34, 2' �' DEDICATION DENNIS G, & ❑D TEXAS F, LLC CLERK'S FILE N❑, J N 87 46'28" W 250,00' CLERK'S FILE N❑, WTHERESA L, MURPHY 20160616000758560 I 96-0025049 I w I 3/4-INCH CLERK'S FILE NO. I J c5IRON PIN SET 97-0065235 Q I I 3 C.F. HENDRICKS M J VOLUME 631, PAGE 563 I I o VOLUME 456, PAGE 9 3 0i a C') Q J U I I lou r' o ;� I I ICD+ — — OLD FENCE POST EIGHTH STREET 50 0 50 100 RN RN RN Scale; 1" = 50' LEGEND CCPR C❑LLIN COUNTY PLAT RECORDS BEARING BASIS: CENTER OF TXD❑T RIGHT-❑F-WAY MAP OF FARM ROAD NO. 455; C❑NTR❑LLING M❑NUMENTS1 IPF AT P.I. STA, 89+08.6 AND WOOD R.O.W. MARKER FOUND IN NORTH R,❑,W, LINE AT STA. 19+25,9 ADJACENT R,❑,W, DEED IN VOLUME 685, PAGE 285; R,❑,W, DEEDS ALSO IN VOLUME 685, PAGE 331 AND VOLUME 686, PAGE 196 ACC❑RDING TO FLOOD INSURANCE RATE MAP NO. 48085C0160 J, DATED 6-02-2009 THE LAND PLATTED HEREON IS NOT IN THE 100 YEAR FLOOD PLAIN, FROM THE SOUTHWEST CORNER OF LOT 1, BLOCK A SHOWN HEREON, IT IS APPR❑XIMATELY S 55°21'10" W, 915.27' TO THE APPR❑XIMATE SOUTHWEST CORNER OF THE GWYNN M❑RRIS❑N SURVEY, ABSTRACT NO, 559 VICINITY MAP FIRM: BRUCE GEER, SURVEYOR FIRM REGISTRATION # 10150700 LOT 1 BLOCK A 3/4-INCH IR❑N PIN SET 1/2-INCH PIPE FOUND 0.99, SMITH STREET R.0.W. DEDICATI❑N OWNER'S CERTIFICATE STATE OF TEXAS COUNTY OF COLLIN WHEREAS Pamela Can' Davis Miller is the owner of a tract of land situated in the City of Anna, Collin County, Texas, in the Gwynn Morrison survey, abstract no. 559, being a survey of the tract of land(hereafter referred to as "Davis TracC) described In a deed from Dave Keith Abernathy and wife, Peggy Kay Abernathy to Lary Don Davis and wife, Pamela C. Davis, dated August 22, 1985, recorded In volume 2200, page 550 of the Collin County deed records; being described by metes and bounds as follows: BEGINNING at a 314-Inch Iron pin set at the northwest comer of said Davis Tract; same being In the east line of an alley; THENCE South 87"46'28" East, with the north line of said Davis Tract, passing a %-Inch Iron pin found at 3.44 feet at the southwest corner of the 0.57 acre tract recorded as decks file no. 2014111O001228920, continuing with the south line of said 0.57 acre tract, passing a %finch pipe found at 217.24 feet and continuing in all, 250.00 feet to a point in Smith Street at the northeast comer of said Davis tract; THENCE South 02"5Y20" West, with the east line of said Davis Tract and with said Smith Street, 100.00 feet to the southeast owner of said Davis Tract; a 3/4-inch iron pin set bears North 87°46'28" West, 34.12 feet; some being the northeast comer of the C. F. Hendricks tract recorded In volume 631, page 563; THENCE North 87°4V28" West, with the south line of said Davis Tract and the north line of said C. F. Hendricks tract, passing said 3/4-inch iron pin set at 34.12 feet and continuing in all, 250.00 feet to a 6Od nail set at the southwest comer of said Davis Tract and the northwest comer of said C. F. Hendricks tract; same being In the east line of said alley; THENCE North 02053'20" East, with the west line of said Davis Tract and the east line of said alley, 100.00 feet to the PLACE OF BEGINNING and containing 0.573 acre. COUNTY OF COLLIN )( STATE OF TEXAS x NOW, THEREFORE, KNOW ALL MEN BY THESES PRESENTS: That, Pamela Can' Davis Miller, does hereby adopt this plat designating the herein above described property as FINAL PLAT PAMELA CARR DAVIS MILLER ADDITION, LOT 1, BLOCK A, an addition to the City of Anna, Tenors, and does hereby dedicate, In fee simple, to the public use forever, the streets and alleys shown thereon. The streets and alleys are dedicated for street purposes. The easements and public use areas, as shown, are dedicated for the public use forever, for the purposes indicated on this plat. In addition, utility easements may also be used for the mutual use and accommodation of all public utilities desiring to use or using the same unless the easement limits the use to particular utilities, said use by public utilities being subordinate to the publlds and City of Anna's use thereof. The City of Anna and public utility entitles shall have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs, or other improvements or growths which may in any way endanger or Interfere with the construction, maintenance, or efficiency of their respective systems In said easements. The City of Anna and public utility entitles shall at all times have the full right of Ingress and egress to or from their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to or removing all or parts of their respective systems without the necessity at anytime of procuring permission from anyone. WITNESS my hand at . Texas, this the day of 2016. Pamela Carr Davis Miller, Owner STATE OF TEXAS: )( COUNTY OF COLLIN: )( Before me, the undersigned authority, a notary public in and fbr the state, on this day personally appeared Pamela Carr Davis Miller, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the some for the purposes and consideration therein expressed, and In the capacity therein stated. Given under my hand and seal of office, this the day of .2016. Notary Public in and for the State of Texas SURVEYOR'S CERTIFICATE KNOW ALL MEN BY THESE PRESENT: That I, Bruce Geer do hereby certify that I prepared this plat and the field notes made a part thereof from an actual and accurate survey of the land and that the comer monuments shown thereon were properly placed under my personal supervision. PRELIMINARY -THIS DOCUMENT SHALL NOT TO BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS A FINAL SURVEY DOCUMENT Bruce Geer, Registered Professional Land Surveyor, No. 4117 STATE OF TEXAS: )( COUNTY OF COLLIN: )( Before me, the undersigned authority, a notary public in and fbr the state, on this day personally appeared Bruce Geer known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the some for the purposes and consideration therein expressed, and In the capacity therein stated. Given under my hand and seal of office, this the day of .2016. Notary Public in and for the State of Texas Approved this day of , 2016. by the City Council of the City of Anna, Texas. Mayor City Secretary OWNER: PAMELA CARR DAVIS MILLER 408 SMITH STREET AN NA, TEXAS 75409 SURVEYOR: BRUCE GEER, R.P.L.S. NO. 4117 1101 W. UNIVERSITY DRIVE MCKINNEY, TEXAS 75069 PHONE 972-562-3959 FAX 972-542-5751 FINAL PLAT PAMELACARR DAVIS MILLER ADDITION LOT 1, BLOCK A 0.573 ACRE IN THE GWYNN MORRISON SURVEY, ABSTRACT NO. 559, CITY OF ANNA, COLLIN COUNTY, TEXAS SHEET 1 OF 1 FIFTH STREET SEVENTH STREET 2 C6 Y F IL O a STREET U) z w J ry W 2 U) F- 0 t STREET WHITE STREET (F.M. I Item No. 5.f. City Council Agenda Staff Report Meeting Date: 11 /8/2016 YOUR} HOMETOWN AGENDA ITEM: Resolution approving a Preliminary Plat of West Crossing, Phase 7. (Maurice Schwanke) SUMMARY: Bloomfield Homes has submitted an application for approval of a preliminary plat of the West Crossing Phase 7 Subdivision. This 15.9889-acres tract is located just north of West Crossing Phase 5, and includes 85 residential lots. The developer has requested a variance to the Subdivision Regulations in order to exceed the maximum block length for Block DD. At the City's request, the developer has moved a street further to the west to eliminate a large underground drainage feature from traversing the back and sides of some lots. The drainage now is planned to flow underneath streets in a large box culvert. In moving the street block DID exceeded the maximum length. In approving this variance, the City Council will need to make the following findings: (1) Granting the waiver/suspension will not be detrimental to the public safety, health or welfare, and will not be injurious to other property or to the owners of other property, and the waiver/suspension will not prevent the orderly Subdivision of other property in the vicinity; (2) The conditions upon which the request for a waiver/suspension is based are unique to the property for which the waiver/suspension is sought, and are not applicable generally to other property; (3) Because of the particular physical surroundings, shape and/or topographical conditions of the specific property involved, a particular undue hardship to the Property Owner would result, as distinguished from a mere inconvenience or increased expense, if the strict letter of these regulations is carried out; (4) The waiver/suspension will not in any manner vary the provisions of the Zoning Ordinance, Comprehensive Plan (as amended), or any other adopted plan(s) or ordinance(s) of the City; and (5) An alternate design will generally achieve the same result or intent as the standards and regulations prescribed herein. The plat layout is otherwise in conformance with the existing zoning and the Subdivision Regulations. The Planning and Zoning Commission will consider approval of this plat during their regular meeting on November 7th STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution and Preliminary Plat ATTACHMENTS: Description Resolution approving Preliminary Plat Exhibit 1, West Crossing Phase 7 Preliminary Plat Exhibit 1, Preliminary Plat Page 2 Location Map Upload Date Type 11 /3/2016 Resolution 11 /2/2016 Exhibit 11 /3/2016 Exhibit 11 /2/2016 Backup Material CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A PRELIMINARY PLAT OF WEST CROSSING, PHASE 7; AND APPROVING A REQUEST FOR A WAIVER OF CERTAIN REQUIREMENTS IN PART III -A, ARTICLE 3, SECTION 1.15 REGARDING BLOCK LENGTHS 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, Bloomfield Homes, LTD. has submitted an application for approval of a preliminary plat of the West Crossing, Phase 7 Subdivision; WHEREAS, Article 1, Section 10 of the Subdivision Regulations allow the City Council to consider waivers or suspensions of certain provisions of the Subdivision Regulations where the Council finds that undue hardships will result from strict compliance with certain provisions, or where the purposes of the City regulations may be served to a greater extent by an alternative proposal; and WHEREAS, Bloomfield Homes, LTD is requesting that the City Council vary the requirements in Part - III A Section1.15 of the Subdivision Rules and Regulations regarding Maximum Length of Block or Street Segments for Block DD; and WHEREAS, the City Council finds that granting the waiver will not be detrimental to the public safety, health or welfare, and will not be injurious to other property or to the owners of other property, and the waiver will not prevent the orderly subdivision of other property in the vicinity; and WHEREAS, the City Council finds that the conditions upon which the request for a waiver is based are unique to the property for which the waiver is sought, and are not applicable generally to other property; and WHEREAS, the City Council finds that because of the particular physical surroundings, shape and/or topographical conditions of the specific property involved, a particular undue hardship to the property owner would result, as distinguished from a mere inconvenience or increased expense, if the strict letter of these regulations is carried out; and WHEREAS, the City Council finds that the waiver will not in any manner vary the provisions of the Zoning Ordinance, Comprehensive Plan (as amended), or any other adopted plan(s) or ordinance(s) of the City; and WHEREAS, the City Council finds that an alternate design will generally achieve the same result or intent as the standards and regulations prescribed in City's regulations; Res. Page 1 West Crossing Ph 7 — Preliminary 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 Preliminary Plat The City Council hereby approves the preliminary plat of West Crossing, Phase 7 attached hereto as Exhibit 1. Section 3. The City Council hereby approves a variance of the maximum allowed block length for Block DD, as more fully described and illustrated on Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 8th day of November 2016. ATTEST: City Secretary Carrie Smith Exhibit 1 Res. West Crossing Ph 7 — Preliminary Plat APPROVED: Mayor Mike Crist Page 2 ©2U1Ei Westwood F'rotessional Services, Inc. GRAPHIC SCALE 1 •• •• 0 •• 120 EXHIBIT 1 BLOOMFIELD HOMES L.P. FUTURE WEST CROSSING PHASES TRACT A P.D. ZONING INSTR.#20131227001685590 O.P.R.C.C.T. S82000'56"E 50.79' LINE TABLE LINE TABLE CURVE TABLE LINE # LENGTH BEARING LINE # LENGTH BEARING CURVE # DELTA RADIUS CHORD BEARING CHORD LENGTH ARC LENGTH L1 17.27 N48017'38"W L11 64.73 S58038'41"E C1 34057'44" 845.00' N72002'03"W 507.66' 515.63' L2 15.93 N89007'39"W L12 78.95 S58038'41"E C2 34057'44" 820.00' N72002'03"W 492.64' 500.37' L3 49.52 S81045'42"E L13 54.01 S71057'13"E C3 4015'53" 795.00' N70050'41 "W 59.16' 59.17' L4 50.97 S79022'26"E L5 50.97 S75006'33"E L6 50.97 S70050'41 "E L7 50.97 S66034'48"E L8 50.97 S62018'04"E L9 50.97 S58003'55"E L10 60.12 S53029'27"E C4 34034'28" 225.00' S71050'25"E 133.72' 135.77' C5 34034'28" 250.00' S71050'25"E 148.58' 150.86' C6 34034'28" 275.00' S71050'25"E 163.44' 165.95' C7 2014'59" 7030.50' N88023'26"W 276.05' 276.06' C8 2014'59" 7005.50' N88023'26"W 275.06' 275.08' C9 2002'41" 6980.50' N88017'16"W 249.09' 249.10' C10 53029'43" 480.00' N60031'04"W 432.06' 448.16' C11 53029'43" 505.00' N60031'04"W 454.56' 471.50' C12 53029'43" 530.00' N60031'04"W 477.07' 494.84' C13 14031'25" 275.00' S41001'55"E 69.52' 69.71' C14 14031'25" 300.00' S41001'55"E 75.84' 76.05' C15 14031'25" 325.00' S41001'55"E 82.16' 82.38' 721 S85001'59"E 50.79' S78057'52"E 50.79' __ I I I �22 S87°43'44"E 53.10' '19 S75°54'48"E 50.79' 1 BLOOMFIELD HOMES L.P. I TRACT B S89030'55"E 270.13' S72°58'30"E 50.79' PROPOSED WEST CROSSING PHASE 6 60.02' 54.05' 54 06' 52.00' 53.10' 1 P.D. ZONING 50RON 5' Utility Easement INSTR.#20131227001685590 44.25 0J �2� 25' 25' 1 6.54' 13.46' 37'33' 3 S69°43'36"E 50.79' Instr. 20091119001409490 I � � � w 20.38 0.41' # I O.P.R.C.C.T. N00029'49"E 111.00' -0 3: 0 0 0 0 0 0 0 0 Brock 3 27.31' 3423 S66043'49"E 49.37' I 1 _ _ - 16 N 15 N 14 N 13 "oo 0 12 cc 0 11 n 'FF' o 3 23.48' 41 GLENDALE DRIVE N00029'49"E 2.00' A 25'x25' a o o � -w o 0 10 f� N , 12' ° „ S89°30 11 E 115.50 � Easement Cn Cn U o 00 9 0� o $ 16.56' �93). 5 40 E 52.37 1 „ , Visibility O O o O 0 d o ( S64 4 - -- » °' 0 "� `-9.67' \ S59°14'56"E 55.41' j - - - - - - - - - S89° 30 55 E 285.50 N I 0 '- - - '- - ' - - J - o 0 7 0 , s2.3 I 0 6.,.04 54.05 54.06 56.11 49.11 _ 1 0 115.50' 0 0 o N �1.03 51 , - -51 \ o� 00 4.42) S I I 40 CHATSWORTH DRIVB 04 0 0 o N 285.50' - - - 249.27' 04' 6 ^� 0 q , , ~ , I 39 38 5 0 , o - - 51. \ �,``' 0,`O `9 S57°21 44 E 103.96 � Ln �, S89 30'55"E 499.21' 35.56' _ 03 o 0 5 i\ i 1 1 1 S89°30'11 "E 51.01" `Vh ^ 6.15 - Sn I II TWO-J PARTNERS LLLP - c1 \� 4 � '�,� S89°04'08"E 53.67' INSTR.#2008050900056249C� 115.50' 1 60.50'_ -f 5.00' 55�00'_ _55.00'_ _55.00'- _55.00'- _55.00' - - _55.00' __ - 55.00'_ - - - - _64 73, C2 �9 >� N 40' 40' O.P.R.C.C.T. o 4 0 �' 1 25'x25' w w w w w w - - -- 5g 17' \ �' O O a, o r R w N N Visibility w w w w --- - _S C \ `51 \ o�/O S' / Iv'' I - Y o / 9, 3 u7 u7 0 � _ rn " in _ � _ in " �'-� 17'\ � .59, '� ,� �., ^ / �� � o , 0 p Easement 0 0- O O O O O O O O O O O O O O O O p Ln `� 3 7 I S89 30 11 E Z L6 O o, o o, O 0, o a, o a, o a, o 0 0 o c0 r7 - �59• �/ "� _ I Block 0 47 No 48 N0 49 N0 50 N0 51 N0 52 N0 53 No 54 No 55 No 56 Nao 57 rno o" r ��� \ SIS,\/ ^J ° I� 'U.L.S i co I N 115.50 N I 0 0 - 0- 0 - 0 - o o o o oBlock �o E" 0 O O O 0 0 O O O- k° o N o 58 0 " J �S ^ 2 / 11 I rn z O O O O O O O 0 B�Oc o0 00 o 0 91>> /� d 1 N p� I 0 59 " o 06 �, 3 N �I z z z z z z z z r r z o o 1 u7 JJ ° "' 1 E E z N o 00 S \ �\��, \� o of t, 17 X I 1 2 3 S89 30 11 E 1 N 1 60.52' 55.00' 55.00' 55.00' 55.00' 55.00' 55.00' 55.00' 55.00' ^ 60 o � 91�' °� 1 0 55.65 L3 115.50 a O Z o O' `� \ Ea t 1 � 0 6 1 Ex. 10' Water Line Easement 49.52 cV O Sg ti y�� 1 Instr.#20080403000374420 w 0 1 o'u E� o I� 0 0 1�10' u E L4 � � 61 � `� > > 15 I -- 2 O 10 44 87' L5 o"� O ,^sue 7)' I c� Ln N C14 1 w w w w w w w 6.10' 358 L6 ryh 62 0\ '� 'tih C4 7399' I NILL - --- -- 1 S89°30'11 "E o 0 0 0 0 0 0 0 0 " " 0) � Ln� 3 15.11 6 = Q, o� 1� - r LO cv O 46 �0 45 �0 44 a,o 0 0 �� oN �� oN LO� " 0�'`0 ,�, `28 \CS O _ 43 42 41 0 40 r, 0 39 ro � N " 24.06 �� 0 9 , I �f O Ex.8"Wat. ° 115.50 1 0 N 0 N 0 N 0 N 0 r� 0 0 0 38 0 �t ' co a 0 0 o 0 o N _ � �i N �i 37 rri 36 _ o 0 33 Q `� 63 h �� 8 L2. p Ex.48" P. 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N n 940 �' ` 64 , ' r 56 Co 44.32'' I1 - ---- ------ 115.50 60.55 55.00 55.00 55.00 44.36 54.15' 54.14' 54.13' 54.11' 49.06' 50.43' _ °� S�9), ; /^' I 0 15A1-3$ I I� N SFiEL170N DRIVE c7 49.46- ,� 0 140.50' - - - 294.91' - - _ - 32 �,� 9.02 _�� 65' ,� I o.15 I I I o-- - 0 - - C8 - 4g 46 \ � ^�� ADry 6 �O p Vis`t'ilit I 25 24 23 , S89 30'55"E 435.41' J - --- o ,� O� o) cV 6 N / N - 19. 46 - c�� ^ 31 ,�� 2' / N o Easer e t _ �, 1 c9 \ `� h ^ 6 o CHATSWORTH °h �1 0 DRIVE DETAIL A NN 50.00 _ _50.00'- - 50.00'_ _50.00'--50.05'_ _50.14'=5�.23'_ 60.00'�\ Q I 60.00;_ _50.01'_ 50.01'_ _50.02'_ 39.06'_ _ 60.28' 9 �6' ^��` ,�NAD 30 ,^� SAS\ / o / 1� -- LLJ 2O'B.L. 25'x25' 25x25 w - r - \ O 0 � N.T.S. 15x15' DRAINAGE EASEMENTS w w w w w ' w 20'B.L. - '� -60 A h 44. 3 SEPARATE /NSTRUMENT w c " - " " " Visibility I $ = Visibility w w w 1 7.67 98 \ C 9 �\ 4� / / 1 2 w rn O in L0 i0 Easement o Easement Ln " w W C> >2 �6' o'er �` A\� 7 m/ z �0 o O Co 0 �0 N Lo " in " ;n " . 5 7 O F, Q7 ' 2 v) 1 a� o� 0 0� o, r� p4 N ao o o o rn 0 ao o " ! \ 9 g9 , \ �� �` 29 h / / 0.1 2' N 29 0, 28 N 0 27 o N 26 0 °' 25 0 24 0 23 0 0 22 m 0i p o Ia ao m 1?_ N M 13 N o 14 N o 15 N Mo 16 0 'n !� o ,1v �9St , o� 00`1'�'� `3�7 / / LOT 67 N O N r� o N 0 0 0 O 0 u7 O Ln O O N O N O a7 17 N c) - Z 0 o O N o 0- LO 6 A N lb A' L 13 22 o S 7 �, �v 5 BLOCK DID O o O o 41 o O o 10'UE z 0 0 0 0 <n 7 C �• // U u7 0o z z z , O C k z z z I 50 R0 ,' I 0' U E z z o z ° N 18 0) /-j ,4v \ s� Q 2$ , Oo� 1 4 01 '/ o �l 1 z 16.86' CC h 20' 8 � I 25' 25' 1 z o°, 19 6 o� Oh w o o \ c� ti 45 50.00 50.07 50.14 50.23 60.00' 60.02' 50.02' , , o ^w w 6 ,<v 2 3� 0.02 50.02 47.28 45 72, Block �o N^� 20 ^�o 27 �� O 21 51;g 3$ 3g c.I.R.F. N89 44 35 W 327.30 � c.I.R.F. N88°02'23"W 257.35' C.I.R.F. 45 rDD' _� 0) `S3 o, / / / lo q.0' 44 Block �, c UJ <j C.I.R.F. 4 �, � ,,�. '0 °' � 26 �/ / /WEST CROSSING PHASE 3 S-74 cc I o I 1� ° �ti`O S39' �^� 21 �^� \'-.�3�,, �`O �� '` P.D. ZONING I C.I.R.F\ 17 18 19 I I o W N78 50 23 W 45.72 Black Esc °h� �� ��' 37 28.86'� ,/�) / / age 312 �20 16 20 21 ^ti 11 10 8 7 DD C.I.R.F. �j� ��O ��O' S ti5 0��� ��, \ // / // Volume P R.0 C.T. 22 5 // > » `'�•A `LSO, 20 - - Ex.10'U.E z I---Ex.10'U.E. N69038 11 W 90.55 / 5.�� �/ } // X Q 16.68 Woo I ---- --- - -� --- ---- --- _ N57°42'54"W 90.14' ,� �°` ��,4� C), o / / W Q N 15 \ I - - C.I.R.F. 23 ��' \ Q x d'3,\�// / ��v/ / Block z o 1 / BLOOMFIELD HOMES L.P. `� 17.20'� c' \ / 15 Ex.8"Wat. Ex 8"Wat / ,�1 'rj p S / / Subject Tract P Phl Lair VICINITY MAP (Not To Scale) 5'Ut / /or q c v 3 STREET L UE, 10' wide, except where noted Typical Public Utility Easements (where designated on plat) NOTE: UE easements are parallel and perpendicuar to street right of ways and lot lines unless otherwise shown. 0' a a� 10' co Street ROW Street to Street Intersection 10' x 10' Sidewalk and Utility Eosemen t (Typical) PRELIMINARY PLAT OF I-ULBOURNE DRIVE TRACT 4 ° O 16 Ll -PROPOSED WEST CROSSING PHASE 5 _ '� 6.11' �` "��' / WEST CROSSING i Ex.8"Sew. P.D. ZONING Ex.8"Sew. \ \ 14 I� INSTR.#20131227001685590 24 L�� / / �_ \ PHASES 7 O.P.R.C.C.T. - - -� �/ 3%�� �0 h eb 16.69' /^1 / 286211 N35022'14"W 90.50' + p �, ` �� CALDER \ 85 LOTS/ 5.879 ACRES �\ �\ / 25 / ti3 / COURT %� 2 ,'� �) ^� ?,' o ,� OUT OF THE 01 I Y'� �G o-50000'06" °t. HENRY BRANTLEY SURVEY, ABSTRACT NO. 71 NOTES: \ \ �� Qcp �/ < / LEGEND \ >>F4 \� �,�,! , s� 712 / R=530.00 E IN THE UE - Utility Easement ULSWE - Utility, Landscape, & Screening Wall Easement BL - Building Line 0 - 5/8" Iron rod with yellow cap stamped "Westwood PS" set CIRF - Capped Iron rod found IRF - Iron rod found O.P.R.C.C.T. - Official Public Records, Collin County, Texas P.R.C.C.T. - Plat Records, Collin County, Texas LL - Denotes lots that receive drainage from uphill lots (Lot to Lot Drainage). - STREET NAME CHANGE 9° / ° 0 '� X found / 1. SELLING A PORTION OF THIS ADDITION BY METES AND BOUNDS IS A VIOLATION OF CITY / �>50 in concrete // 14 CB_S25°52'24"W�s \ CITY OF ANNA , COLLIN COUNTY, TEXAS SUBDIVISION ORDINANCE AND STATE PLATTING STATUTES AND IS SUBJECT TO FINES AND A0. WITHHOLDING OF UTILITIES AND BUILDING CERTIFICATES. \ 9 Q / F, / / CH-447.99 - \ OWNER 0 / L"46213 BLOOMFIELD HOMES L.P. 2. NO PORTION OF THIS ADDITION IS LOCATED WITHIN THE 100-YEAR FLOOD PLAIN AS DEFINED BY � f � / � �Rcp / � o FLOOD INSURANCE RATE MAP NO. 48085CO160J AND DATED JUNE 2, 2009 / �, / S50 52 27 W 87.78 �/ \\ �/ 12 / OSO E. HIGHWAY 4, SUITE 2 O, SOUTHLAKE, TX. 76092 3. A VARIANCE REQUESTED FOR AN OVER LENGTH BLOCK TO BE ALLOWED. �\ �6��Ge o� �� 8 1 7-4 1 6- `I S72 DON@BLOOMFIELDHOMES NET SURVEYOR'S NOTES: 1. ALL CORNERS SET ARE MONUMENTED WITH A 5/8" DIAMETER IRON ROD WITH YELLOW PLASTIC CAP STAMPED "WESTWOOD PS" UNLESS OTHERWISE NOTED. 2. ALL COORDINATES SHOWN ARE TEXAS STATE PLANE, NAD83 (CORS96), TEXAS NORTH CENTRAL ZONE 4202, NAVD88, U.S. SURVEY FEET WITH A COMBINED SCALE FACTOR OF 1.00015421. BEARING BASIS IS GRID NORTH. Bloc\ / 1 L \ POINT OF 2 BEGINNING - �� S ENGINEER/SURVEYOR Westwood Phone (214) 473-4640 2740 North Dallas Parkway, Suite 280 Toll Free (888) 937-5150 Plano, TX 75093 westwoodps.com 2 Westwood Professional Services, Inc. Survey Firm Number:10074301 November 02, 2016 0007585 rl..J V1 n� W 0 z rr� V 1 W O 0� LLU iV 1 I--d lJ LU I U MZC LWUUU rI UICJJIUI IUI JCI VIGCJ, III STATE OF TEXAS )( COUNTY OF COLLIN )( LEGAL DESCRIPTION WHEREAS, BLOOMFIELD HOMES, L.P., IS THE OWNER OF A 15.879 ACRE TRACT OF LAND SITUATED IN THE HENRY BRANTLEY SURVEY, ABSTRACT NO. 71, COLLIN COUNTY, TEXAS, AND BEING A PORTION OF THAT TRACT OF LAND CONVEYED TO BLOOMFIELD HOMES L.P., IN THE GENERAL WARRANTY DEED RECORDED IN COUNTY CLERK FILE NUMBER 20131227001685590 OF THE OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS, SAID 15.879 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT A 5/8" IRON ROD WITH A YELLOW CAP STAMPED WESTWOOD PS, FOUND AT THE NORTHEASTERLY CORNER OF WEST CROSSING PHASE 5, AN ADDITION TO THE CITY OF ANNA TEXAS, ACCORDING TO THE FINAL PLAT RECORDED IN VOLUME PAGE PLAT RECORDS, COLLIN COUNTY, TEXAS, AND SAID ROD BEING ON THE WEST RIGHT-OF-WAY LINE OF WEST CROSSING BOULAVARD(A 80' R.O.W.); THENCE, OVER AND ACROSS SAID NORTH BOUNDARY LINE OF WEST CROSSING PHASE 5 THE FOLLOWING CALLS AND DISTANCES; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT, BLOOMFIELD HOMES, L.P. A TEXAS LIMITED PARTNERSHIP THROUGH ITS DULY AUTHORIZED OFFICER DOES HEREBY ADOPT THIS PLAT DESIGNATING THE HEREINABOVE DESCRIBED PROPERTY AS WEST CROSSING PHASE 7, AN ADDITION TO THE CITY OF ANNA, TEXAS, AND DOES HEREBY DEDICATE TO THE PUBLIC USE FOREVER THE STREETS AND ALLEYS SHOWN 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 COMPANY 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. NORTH 33 DEGREES 09 MINUTES 51 SECONDS WEST, A DISTANCE OF 118.14 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "WESTWOOD PS" FOUND FOR CORNER; WITNESS MY HAND THIS DAY OF, 20 NORTH 35 DEGREES 22 MINUTES 14 SECONDS WEST, A DISTANCE OF 90.50 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "WESTWOOD PS" FOUND FOR CORNER; NORTH 57 DEGREES 42 MINUTES 54 SECONDS WEST, A DISTANCE OF 90.14 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "WESTWOOD PS" FOUND FOR CORNER; NORTH 69 DEGREES 38 MINUTES 11 SECONDS WEST, A DISTANCE OF 90.55 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "WESTWOOD PS" FOUND FOR CORNER; NORTH 78 DEGREES 50 MINUTES 23 SECONDS WEST, A DISTANCE OF 45.72 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "WESTWOOD PS" FOUND FOR CORNER; NORTH 88 DEGREES 02 MINUTES 23 SECONDS WEST, A DISTANCE OF 257.35 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "WESTWOOD PS" FOUND FOR CORNER; NORTH 89 DEGREES 44 MINUTES 35 SECONDS WEST, A DISTANCE OF 327.30 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "WESTWOOD PS" FOUND FOR CORNER; SOUTH 74 DEGREES 40 MINUTES 44 SECONDS WEST, A DISTANCE OF 138.38 FEET TO THE EASTERN BOUNDARY LINE OF A TRACT OF LAND CONVEYED TO TWO-J PARTNERS LLLP, IN THE GENERAL WARRANTY DEED RECORDED IN COUNTY CLERK FILE NUMBER 20080509000562490 OF SAID OFFICIAL PUBLIC RECORDS, A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "WESTWOOD PS" FOUND FOR CORNER; THENCE, NORTH 00 DEGREES 29 MINUTES 49 SECONDS EAST, ALONG THE EASTERN BOUNDARY LINE OF SAID TWO-J PARTNERS LLLP, TRACT A DISTANCE OF 475.94 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "WESTWOOD PS" SET FOR CORNER; THENCE, OVER AND ACROSS SAID BLOOMFIELD HOMES L.P. TRACT THE FOLLOWING CALLS AND DISTANCES: SOUTH 89 DEGREES 30 MINUTES 11 SECONDS EAST, A DISTANCE OF 115.50 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "WESTWOOD PS" SET FOR CORNER; NORTH 00 DEGREES 29 MINUTES 49 SECONDS EAST, A DISTANCE OF 2.00 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "WESTWOOD PS" SET FOR CORNER; SOUTH 89 DEGREES 30 MINUTES 55 SECONDS EAST, A DISTANCE OF 285.50 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "WESTWOOD PS" SET FOR CORNER; NORTH 00 DEGREES 29 MINUTES 49 SECONDS EAST, A DISTANCE OF 111.00 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "WESTWOOD PS" SET FOR CORNER; SOUTH 89 DEGREES 30 MINUTES 55 SECONDS EAST, A DISTANCE OF 270.13 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "WESTWOOD PS" SET FOR CORNER; SOUTH 87 DEGREES 43 MINUTES 44 SECONDS EAST, A DISTANCE OF 53.10 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "WESTWOOD PS" SET FOR CORNER; SOUTH 85 DEGREES 01 MINUTES 59 SECONDS EAST, A DISTANCE OF 50.79 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "WESTWOOD PS" SET FOR CORNER; SOUTH 82 DEGREES 00 MINUTES 56 SECONDS EAST, A DISTANCE OF 50.79 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "WESTWOOD PS" SET FOR CORNER; SOUTH 78 DEGREES 57 MINUTES 52 SECONDS EAST, A DISTANCE OF 50.79 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "WESTWOOD PS" SET FOR CORNER; SOUTH 75 DEGREES 54 MINUTES 48 SECONDS EAST, A DISTANCE OF 50.79 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "WESTWOOD PS" SET FOR CORNER; SOUTH 72 DEGREES 58 MINUTES 30 SECONDS EAST, A DISTANCE OF 50.79 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "WESTWOOD PS" SET FOR CORNER; SOUTH 69 DEGREES 43 MINUTES 36 SECONDS EAST, A DISTANCE OF 50.79 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "WESTWOOD PS" SET FOR CORNER; SOUTH 66 DEGREES 43 MINUTES 49 SECONDS EAST, A DISTANCE OF 49.37 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "WESTWOOD PS" SET FOR CORNER; SOUTH 64 DEGREES 45 MINUTES 40 SECONDS EAST, A DISTANCE OF 52.37 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "WESTWOOD PS" SET FOR CORNER; SOUTH 59 DEGREES 14 MINUTES 56 SECONDS EAST, A DISTANCE OF 55.41 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED It PS" SET FOR CORNER; SOUTH 57 DEGREES 21 MINUTES 44 SECONDS EAST, A DISTANCE OF 103.96 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "WESTWOOD PS" SET FOR CORNER; SOUTH 89 DEGREES 04 MINUTES 08 SECONDS EAST, A DISTANCE OF 53.67 FEET TO THE SAID WESTERN RIGHT-OF-WAY LINE OF WEST CROSSING BOULEVARD, A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "WESTWOOD PS" SET FOR CORNER; THENCE, SOUTH 00 DEGREES 52 MINUTES 21 SECONDS WEST, ALONG THE SAID WESTERN RIGHT-OF-WAY LINE OF WEST CROSSING BOULEVARD, A DISTANCE OF 164.46 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "WESTWOOD PS" FOUND FOR CORNER; THENCE ALONG A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 50 DEGREES 00 MINUTES 06 SECONDS, AND A RADIUS OF 530.00 FEET, AND AN ARC LENGTH OF 462.53 FEET, WITH A CHORD BEARING OF SOUTH 25 DEGREES 52 MINUTES 24 SECONDS WEST, AND A CHORD LENGTH OF 447.99 FEET, TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "WESTWOOD PS" SET FOR CORNER; BLOOMFIELD HOMES, L.P. A TEXAS LIMITED PARTNERSHIP BY: BLOOMFIELD PROPERTIES, INC. A TEXAS CORPORATION, GENERAL PARTNER DONALD J. DYKSTRA, PRESIDENT BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED DONALD J. DYKSTRA KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE ABOVE AND FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION EXPRESSED AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF SURVEYORS CERTIFICATE 0 NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS THIS IS TO CERTIFY THAT I, JASON B. ARMSTRONG, A REGISTERED PROFESSIONAL LAND SURVEYOR OF THE STATE OF TEXAS, HAVE PLATTED THE ABOVE SUBDIVISION FROM AN ACTUAL SURVEY ON THE GROUND; AND THAT ALL LOT CORNERS, ANGLE POINTS, AND POINTS OF CURVE SHALL BE PROPERLY MARKED ON THE GROUND, AND THAT THIS PLAT CORRECTLY REPRESENTS THAT SURVEY MADE BY ME. THIS DAY OF 20 JASON B. ARMSTRONG REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5557 BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED JASON B. ARMSTRONG KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE ABOVE AND FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION EXPRESSED AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF APPROVED THIS DAY OF BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS 20 MAYOR 20 NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS CITY SECRETARY BLOCK 'CC' LOT ACREAGE SQ.FT. 22 0.164 7154 23 0.138 6000 24 0.138 6000 25 0.138 6000 26 0.138 6003 27 0.142 6166 28 0.157 6834 29 0.173 7542 BL OCK 'EE' LOT ACREAGE SQ.FT. 12 0.165 7168 13 0.138 6012 14 0.138 6028 15 0.138 6026 16 0.143 6241 17 0.147 6414 18 0.151 6570 19 0.151 6574 20 0.152 6614 21 0.150 6527 22 0.151 6574 23 0.150 6551 24 0.162 7044 25 0.198 8641 BLOCK EE' LOT ACREAGE SQ.FT 1 0.250 10906 2 0.187 8133 3 0.156 6808 4 0.145 6297 5 0.143 6211 6 0.141 6162 7 0.141 6129 8 0.140 6117 9 0.141 6127 10 0.141 6159 11 0.139 6051 12 0.138 5999 13 0.141 6158 14 0.140 6086 15 0.139 6037 16 0.138 6010 17 0.139 6041 18 0.139 6050 19 0.139 6050 20 0.139 6050 21 0.153 6659 22 0.153 6656 23 0.139 6050 24 0.139 6050 25 0.139 6050 26 0.139 6050 27 0.139 6050 28 0.139 6050 29 0.139 6050 30 0.139 6050 31 0.140 6100 32 0.143 6251 33 0.139 6075 34 0.139 6075 35 0.139 6075 36 0.139 6075 37 0.139 6075 38 0.139 6075 39 0.138 6000 40 0.149 6498 PRELIMINARY PLAT BLOCK 'FF' LOT ACREAGE SQ.FT. 1 0.185 8057 2 0.138 6000 3 0.138 6000 4 0.138 6000 5 0.138 6000 6 0.138 6000 7 0.138 6000 8 0.138 6000 9 0.138 6000 10 0.138 6000 11 0.138 6000 12 0.138 6010 13 0.138 6000 14 0.138 6000 15 0.138 6000 16 1 0.153 6664 BLOCK 'JJ' LOT ACREAGE SQ.FT. 1 0.159 6931 2 0.138 6006 3 0.138 6006 4 0.138 6006 5 0.138 6006 OF WEST CROSSING PHASES 7 85 LOTS/ 15.879 ACRES OUT OF THE HENRY BRANTLEY SURVEY, ABSTRACT NO. 71 IN THE CITY OF ANNA , COLLIN COUNTY, TEXAS (-)VVNFR BLOOMFIELD HOMES L.P. 1 050 E. HIGHWAY 1 14, SUITE 210, SOUTHLAKE, TX. 76092 8 17-4 1 6- 1 572 DON@BLOOMFIELDHOMES.NET ENGINEER/SURVEYOR Westwood Phone (214) 473-4640 2740 North Dallas Parkway, Suite 280 2 Toll Free (888) 937-5150 Plano, TX 75093 westwoodps.com 2 Westwood Professional Services, Inc. Survey Firm Number: 10074301 November 02, 2016 0007585 Ij M n: rW V z ry 1 v! O U r� V1 Id THENCE, SOUTH 50 DEGREES 52 MINUTES 27 SECONDS WEST, A DISTANCE OF 87.78 FEET TO THE POINT OF BEGINNING AND CONTAINING 691,691 SQUARE FEET OR 15.879 ACRES OF LAND. 0 11J1 b West onal Services, Inc. GRAPHIC SCALE 1 "=60' 60 0 60 120 I i / / / / / / / / / I/ I / I / I L_ Y U U S w " Ia a C', w >_ W (!J 00 O Z M N Q Z I m ON I J(n _— W3 oI III wv�ONVJ M Z N tim Z NmN Q d JoO O Ln oo 3 0A18 = cu ONISS020 1S3M z Q / I I �> Z o O z0OO" o CO '6 un NE di6 OJ U EL / o / O O O `n / o w J J � / \ / o� Ld -----------------}--------- ---- SV/SSO�\ �� Qo / \ c� c) 1 I I 67 \\\ OJ L m 2 66 26 3 / 27 / 65 4 / / 28 64 8 9 p0 11 12 13 \ 5 29 63 / / / 25 \ \� 30 6 62 31 24 ao 23 e �\ / / 7 61 / / 22 / 3214, o 21 / O � / 60 / 33 / 20 59 M 3419 O Q I I I 58 35 / / 18 I I _ m I I 57 14 " ICI 15 I 16� RAM MVHXRM I 560 Lw 00 55 37 II 38 I I 54 39 I I 53 40 I I 52 41 I 51 42 50 I 43 I 49 44 48 I 45 I 47 46 5 4 3 2 1 U -_ m � I / L 16 (3 I / I I 15 00 In rn N I 14 Iz o�"nzoH I IQO S U< c Z N U �aF° 13 o w~ w Ci M a I� faro w o o 12 m z 0 a SAID 24 25 0 U ly I 26 I 27 I 28 I L---C--------------- aa) J a (V l0 Ln LEGEND Ln O Wes~ Z Oi 2 e; F�U a o 0 �2 0� UE - Utility Easement ULSWE - Utility, Landscape, & Screening NOTES: o x Wall Easement ~ z BL -Building Line 1. SELLING A PORTION OF THIS ADDITION BY METES AND BOUNDS IS A VIOLATION OF CITY - 5/8" Iron rod with cap SUBDIVISION ORDINANCE AND STATE PLATTING STATUTES AND IS SUBJECT TO FINES AND 0 yellow WITHHOLDING OF UTILITIES AND BUILDING CERTIFICATES. stamped "Westwood PS" set CIRF - Capped Iron rod found 2. NO PORTION OF THIS ADDITION IS LOCATED WITHIN THE 100—YEAR FLOOD PLAIN AS DEFINED BY IRF - Iron rod found FLOOD INSURANCE RATE MAP NO. 48085CO160J AND DATED JUNE 2, 2009 O.P.R.C.C.T. - Official Public Records, SURVEYOR'S NOTES: Collin County, Texas P.R.C.C.T. - Plat Records, Collin County, Texas 1. ALL CORNERS SET ARE MONUMENTED WITH A 5/8" DIAMETER IRON ROD WITH YELLOW PLASTIC LL - Denotes lots that receive drainage CAP STAMPED "WESTWOOD PS" UNLESS OTHERWISE NOTED. from uphill lots (Lot to Lot Drainage). 2. ALL COORDINATES SHOWN ARE TEXAS STATE PLANE, NAD83 (CORS96), TEXAS NORTH CENTRAL - STREET NAME CHANGE ZONE 4202, NAVD88, U.S. SURVEY FEET WITH A COMBINED SCALE FACTOR OF 1.00015421. BEARING BASIS IS GRID NORTH. Subject Tract Pn Phl Lair 3 VICINITY MAP (Not To Scale) PRELIMINARY PLAT OF WEST CROSSING PHASE 7 286211 85 LOTS/ 15.879 ACRES 29 I U — — — OUT OF THE 0009aNsl°a7,,s,,, IN3n33b0V 1N3W3r10bdlNl HENRY BRANTLEY SURVEY ABSTRACT NO. 71 1N3IN3 30VNIVNG 31L 30 ,0, 1/9/NX3 b7d 1NX73V770VN1VW ,0d IN THE CITY OF ANNA , COLLIN COUNTY, TEXAS OWNER BLOOMFIELD HOMES L.P. 1 050 E. HIGHWAY 1 14, SUITE 2 10, SOUTHLAKE, TX. 76092 8 1 7-4 1 6- 1 572 DON@BLOOMFIELDHOMES.NET ENGINEER/SURVEYOR Westwood Phone (214) 473-4640 2740 North Dallas Parkway, Suite 280 Toll Free (888) 937-5150 Plano, TX 75093 westwoodps.com 2 Westwood Professional Services, Inc. Survey Firm Number: 10074301 August 04, 2016 0007585 j� W '^IT 1.. . 0 z rW v ! 0 U W � i T I--�--1 i E MAGLE Item No. 5.g. City Council Agenda Staff Report Meeting Date: 11 /8/2016 AGENDAITEM: Resolution approving a Final Plat of West Crossing, Phase 6. (Maurice Schwanke). SUMMARY: Bloomfield Homes has submitted an application for approval of a final plat of the West Crossing Phase 6 Subdivision. This 21.335-acres tract is located just north of West Crossing phases 3 and 4. and includes 108 residential lots. The plat layout is in conformance with the existing zoning and preliminary plat. The civil plans for this development have been approved. The Planning and Zoning Commission will consider approval of this plat during their regular meeting on November 7th STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution and Final Plat. ATTACHMENTS: Description Resolution approving Final Plat Exhibit 1, West Crossing Phase 6 Final Plat Location Map Eningeer's drainage letter Upload Date Type 11 /3/2016 Resolution 11 /2/2016 Exhibit 11 /2/2016 Exhibit 11 /4/2016 Backup Material CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A FINAL PLAT OF WEST CROSSING PHASE 6. 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, Bloomfield Homes has submitted an application for approval of a final plat of the West Crossing Phase 6 Subdivision; and WHEREAS, The Final Plat of West Crossing Phase 6 conforms to the Preliminary Plat of West Crossing Phase 6; 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 West Crossing Phase 6 attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 8th day of November 2016. ATTEST: APPROVED: City Secretary Carrie L. Smith Mayor Mike Crist Exhibit 1 Res. Page 1 West Crossing Ph. 6 Final Plat © 2075 Westwood Professional Services, Inc. NO TES.- 1. SELLING A PORTION OF THIS ADDITION BY METES AND BOUNDS IS A VIOLATION OF CITY SUBDIVISION ORDINANCE AND STATE PLATTING STATUTES AND IS SUBJECT TO FINES AND WITHHOLDING OF UTILITIES AND BUILDING CERTIFICATES. 2. NO PORTION OF THIS ADDITION IS LOCATED WITHIN THE 100- YEAR FLOOD PLAIN AS DEFINED BY FLOOD INSURANCE RATE MAP NO. 48085CO160J AND DATED JUNE 2, 2009 J. A VARIANCE REQUESTED FOR AN OVER LENGTH BLOCK TO BE ALLOWED. SURVEYOR'S NOTES.• 1. ALL CORNERS SET ARE MONUMENTED WITH A 518" DIAMETER IRON ROD WITH YELLOW PLASTIC CAP STAMPED "WESTWOOD PS" UNLESS OTHERWISE NOTED. 2. ALL COORDINATES SHOWN ARE TEXAS STATE PLANE, NAD83 (CORS96), TEXAS NORTH CENTRAL ZONE 4202, NA VD88, U.S. SURVEY FEET WITH A COMBINED SCALE FACTOR OF 1.00015421. BEARING BASIS IS GRID NORTH. I I I I 25'x25' CORNER CLIP 10'x10' SIDEWALK & UTILITY EASE (TYP.) 1 5' Utility Easement I Instr.#20091119001409490--'� BLOOMFIELD HOMES L.P. TRACT A P.D. ZONING INSTR.#20131227001685590 O.P.R.C.C.T. I 25'x25' CORNER CLIP 10'x10' SIDEWALK & UTILITY EASE (TYP.) I I Ex. 10' Water Line Easement I Ins tr #20080403000374420 LEGEND CIRS 5/8" IRON ROD SET WITH PLASTIC CAP STAMPED "WESTWOOD PS" CIRF 5/8" IRON ROD FOUND WITH PLASTIC CAP STAMPED "WESTWOOD PS" X "X" Cut Found P.R.C.C.T. PLAT RECORDS, COLLIN COUNTY, TEXAS D.R.C.C.T. DEED RECORDS, COLLIN COUNTY, TEXAS 0.P.R.C.C.T. OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS DE DRAINAGE EASEMENT BL BUILDING LINE UE UTILITY EASEMENT EX. EXISTING 0 10' C4C v treet ROW Street to Street Intersection 10' x 10' Sidewalk and Utility Easement (Typical) BLOOMFIELD HOMES L.P. REM. 85.196 AC. - TRACT B P.D. ZONING INSTR.#20131227001685590 O.P.R.C.C.T. 5 CURVE TABLE CURVE # DELTA RADIUS CHORD BEARING CHORD LENGTH ARC LENGTH C1 090000'00" 50.00' S0701528'E 70.71' 78.54' C2 09701051" 50.00' S120J5'J5"W 75.00' 84.81' C3 164000'04" 50.00' N46000'11 E 99.03' 143.12' C4 16302837" 50.00' N43°5946"W 98.96' 142.66' ,.„ nLL I ��, 10' wide, except where noted Typical Public Utility Easements (where designated on plat) NOTE: UE easements are parallel and perpendicuar to street right of ways and lot lines unless otherwise shown. clRs , S89 °07'43 "E 1060.00' I 65.00' 65.00' 60.00' 50.00' 55.00' 60.00' 50.00' 75.00' 1 I11 70.00' 55.00' 65.00' 60.00' 50.00' 55.00' 65.00' 50.00' 60.00' CIRS 41 Block T� I Block U I L 15 BL � s� s� s o I` o N � s�11 Z 15 BL - -� O o Lk 15 BL W �u �u �u �u �Lu L-u 'Lu O 1 N o 2 N o 3 N o 4 N o 5 N o 6 0 7 o O O o o O _� N O In 0 p N N 8 O O O O O 1 In o o o o W 9 N 8 N 7 cv O 6 N o 5 N o 4 N o 3 N o 2 0 10'Wa ter N o0 N o0 N oo N oo N oo N o N m O N N N N o N o O O Q; o N J o N o N J Line Esm t. O O O ^ ^ O O^ O N o cv o ,\ L j N � 10 UE - -I I-- l O'UE z W O o 00 ^ o O^ O" O Z Z Z O O cv Z Z 50' 65.00'- - --65.00'- - 60.00'- - 50.00'--55.00'--60.00'--50.00'- - 75.00, � 70.00'- --55.00'- 65.00- --60.00'--50.00'- - 55.00'-65.00'--50.18' 64.12- 1 CIR o _ _ S89 °07'43'E 505.00' 70 EDINBURG_H DRIVE I _ _ S89°07'43"E 540.00' - - S89 °07'43'E 505.00' (50' ROW) - - - cj,o� 70.00'- --55.00'- 50.00' S5.00'- - 60.00' - - 50.00'--55.00'- 50.00' - 65.00' - - 55.00' 50.00' --60.00'- 50.00'--55.00' 50.00'--60.00' 55.00' 75.00'- nk O o N O N O „ o� O O om 15BL C O 1 N o 2 N o 3 0 0 o o O ^ O o o O o o u�o lr�o u o 4 �0 5 �0 6 �o0 7 No 8 cvO g cvO 90 No 11 No 12 No 13 No 14 No N �N`� �N o 00 o o o o o o 0 15 0 16 0 17 N o 18 N O N O N oO N o N °O N oO N oo N °O N o N oo N o0 N o N o N o N o N o N o N N N O ^ o 0 10'Water Q) Q) Q) O O O O^ U Cn � Ln co � �I Line Esm t. Block S N N89 °07'43"W 1 0 70.00' 55.00' 50.00' 55.00' 60.00' 50.00' 55.00' 50.00' 65.00 55.00' 50.00' 60.00' 50.00' 55.00' 50.00' 60.00' 55.00' 75.00' 1 0 �15'BL� � I � O 36 N O 35 N O 34 N O 33 N O 32 O 31 00 30 0 29 0 28 0 27 O - o o o o0 22 0 21 N OLU 0 0 0 o o lc� 0 1Nn o o 0 1N o N N o 26 N o 25 N O 24 N O 23 N N o N o 20 N o 19 0 N O N J oo N oo N o cv o Q) o Q) o cv o cv o N o N 0 O O N o N o 0 O O O N ° cv o cv s� O O O O O O^ N^ 00 ^ O^ O `� O N O ^I J O O^ ^ N Q �1 O Q) O o ^ p 00 Z J N Z Z Z Z Z Z Z Z Z Z Z N Z Z Z j Z Z 10'UE Cc J o - o j a o op N - m1� CD CIO70.00'- --55.00'- 50.00' 55.00'--60.00'- --50.00'--55.00'- 50.00' --65.00' --55.00'--50.00' - 60.00' - 50.00'-55.00'--50.00'--60.00' --55.00'- 75.00', Z 0) J -o -Cfj Cr m �, _ _ _ L YNDHUR_ST DRIVE _ rC N (50' ROW) S89°07'43'E 1045.00' LO - N N co o65.00'- --50.00'--55.00'--60.00' S0.00'- --65.00'--55.00' 60.00'- --50.00'--55.00'--65.00'- - 50.00'--55.00'--60.00'- 55.00'--50.00' 60.00'--60.00' O o � O m OQ) O N o o N N N N � � O N O O O O N O ^ O ^ O O O O N N N N O N O cv 0 N O O O O O O O O O N ^ O O O 0 1 l�0 2 1�0 3 l�0 4 l�0 5 l�0 6 lO0 7 �0 8 l�o g l�0 10 �0 11 L0 12 �0 13 �0 14 �0 15 �0 16 �a N °O N o0 N o0 cv o0 N oO N oO N oO N °O N O N O N O N O N O N O N O N O N 17 o N 18 N O^ 15'BL O o 0 Block R I N o N89 °07'43"W z 65.00' 50.00' 55.00' 60.00, 50.00' 65.00' 55.00' 60.00' 50.00' 55.00' 65.00 10 Water � 50.00 55.00 60.00 55.00 50.00 60.00' 60.00' Line Esm t. �~ I N N W W W W I LO W W N o 0 36 No 35 No 54 No 3,3 No 32 Na 31 Na 30 0 29 moo �o �o �o �o �o �o Wo �o o I o01 N o 25 cv o 24 O O o 0 0 0 o o o o o o o o N 28 cv 27 cv 26 cv 23 N 22 N 21 N 20 N 19 I O N o N ° N ° N o N o o O o o N ° N o CN o cv o cv o N 0 N 0 O O O O Z j Z Z O Z Z Z Z Z^ Z^ Z^ Z N OO N o 0o N oo oo N CN N 50' IN -L Z� Z Z � Z 10'U� I -ti�- - S LINE TABLE LINE # LENGTH BEARING L1 120.14 S00°5221"W L2 14.00 S28°49'00EL3 104.26 S00 °5221 "W L4 145.00 S00°52'17"W L5 21.31 S450J6J6"W L6 21.12 S44 °2333'E UU PHASE 6 CR 2862 75 iPh5 Ph3 2 Phl h 3CR 455 0Lair Cz 0EIU30 q 4� lRS25'xL5' RNER CLIP10'x10' SIDEWALK" & JJ)VLI TY EASE(TYP.)�90 �0020Hiike 00g101SCITY QF ANNA39.846dAC.P.D.IZO INGINSTR.#2010100 0010687900.PI.R.C.1C.T.I-LEx. 15' Sanitary Sewer Easement Instr.#2008082700104I350 00 0.00 55.00 60.00 - -50.00'- --65.00'- -55.00'- - 60.00'- - -50.00' 55.00'- -65.00'- - 50.00' -55.00'- -60.00'- -55.00' 50.00'- ^ -60.00'- -60.00' CIRS , I I GLENDALE DRIVE ,50 S89 °07'43 "E 1045. 00' (50' ROW) CIRS 60.00'- T60.00'- T� - -50.00'- -65.00'- - 50.00'- -55.00' 50.00'- - 55.00'- - 60.00' - 50.00' 60.00'- - - 55.00'- -50.00'- -65.00'- - -50.00'- 60.00'- �, - -50.00'- -54.82' 15 BL o W a W W I c� 6.22' _ CIRS ol O N O O N O O N O O N O N O O N O O O O "� O ^ O O ^ O N O �u O O N o �u O A O i� 0 40 0 N 0 39 N o0 38 `� N o0 37 o o N 36 o o 35 o N N 34 o N N 33 o N N 32 o N 31 30 cv cv 0 00 N 0 o N o N 0 N 0 N O 0 O IO'Wa ter O O N O^ O^ N O^ o^ O^ N o N 0 29 cv o 28 N ° 0 N 2 7 1c� o O 26 `v ° 0 25 0 24 0 23 �O Line Esm t. Z O Z O Z O Z O Z O Z O Z O Z o^ O Z o^ O Z o^ O O ^ O `� O^ N ° O^ O N ° O^ o N o O^ 22 J Block N Z Z Z z z Z Z 0 Z P.O.B. CIRS 60.00' I 60.00' 50.00' 1 65.00' 50.00' 55.00' 50.00' 55.00' 60.00' 50.00' 60.00' 55.00' 50.00' 65.00' 50.00' 60.00' 50.00' 60.00' 7 S6.70' I 1 1 N89°07�43"W 1061.70' Ex. 10' Water Line Easement 1 CIRS Instr#20080403000374420 1 2 3 I I I L---------- 4 1 5 7 1 8 WEST CROSSING PHASE 3 Volume 2013, Page 312 P.R.C.C.T. P.D. ZONING 9 1 10 11 1 12 1 13 CHATSWORTH DRIVE (50' ROW) II II 14 15 16 17 18 1 1 19 20 II WEST CROSSING PHASE 4 - - - - - - - - - - Volume 2015, Page 459 I nstr.#20150812010002920 P.R.C.C.T. P.D. ZONING 21 1 I I � �5'x25' CORNER CLIP 10'x10' SIDEWALKI & UTILITY EASE (TYP.) I I 1 I I I 1 I I I I I I I I I I I I I I �-J I I I THIS PLAT FILED IN CABINET , SLIDE VICIN17 Y MAP NOT TO .SCALE GRAPHIC SCALE 1 " = 60' 60' 0' 60' 120' FINAL PLAT OF WEST CROSSING, PHASE 6 108 RESIDENTIAL LOTS/2 i .335 ACRES OUT OF THE HENRY BRANTLEY SURVEY, ABSTRACT No. 71 IN THE CITY OF ANNA, COLLIN COUNTY, TEXAS OWNER BLOOMFIELD HOMES, L.P. 1050 EAST HIGHWAY 1 14, SUITE 210 SOUTHLAKE, TEXAS 76092 (81 7) 41 6-1 572 ENGINEER/SURVEYOR Westwood Phone (214) 473-4640 2740 North Dallas Parkway, Suite 280 Toll Free (888) 937-5150 Plano, TX 75093 Survey Firm No. 10074301 westwoodps.com r Westwood Professional Services, Inc. 2 P.R.C.C.T. 21.335 Acres November 02, 2016 JOB No. 0006821 vwn a. 0 z V 1 W 0 0� I~ W w 0006821FP.dwg © 2016 Westwood Professional Services, Inc. OWNER'S CERTIFICATE STATE OF TEXAS )( COUNTY OF COLLIN )( WHEREAS, BLOOMFIELD HOMES, L.P., is the owner of a 21.335 acre tract of land situated in the City of Anna, Collin County, Texas, being a part of the Henry Brantley Survey, Abstract No. 71, and being a portion of the 85.196 acre tract of land (Tract B) conveyed to BLOOMFIELD HOMES, L.P. by deed of record in Instrument No. 20131227001685590, of the Official Public Records, Collin County, Texas, said 21.335 acre tract being more particularly described as follows: BEGINNING at a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set in the east right-of-way line of West Crossing Blvd. (80' right-of-way) for the northwest corner of Lot 1, Block N, of West Crossing, Phase 3, an addition to the City of Anna, Texas, as shown on the plat of record in Volume 2013, Page 312, of the Plat Records, Collin County, Texas, and being the southwest corner of herein described 21.335 acre tract; THENCE North 00°52'21" East with said east right-of-way line, a distance of 870.00 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for the northwest corner of the herein described 21.335 acre tract; THENCE South 89007'43" East over and across said Tract B, a distance of 1,060.00 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set in the west line of the 39.8460 acre tract of land conveyed to the City of Anna by deed of record in Instrument No. 20101005001068790 for the northeast corner of the herein described 21.335 acre tract; THENCE in a southerly direction with the west line of said 39.8460 acre tract the following calls and distances: South 00°52'21 West a distance of 120.14 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner; A non -tangent curve to the right having a radius of 50.00 feet and an arc length of 78.54 feet (chord bears South 07015'28" East, 70.71 feet) to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner; South 00°52'21 West a distance of 490.00 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner; A non -tangent curve to the right having a radius of 50.00 feet and an arc length of 84.81 feet (chord bears South 12°35'35" West, 75.00 feet) to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner; South 28°49'00 East a distance of 14.00 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner; South 00°52'21 West a distance of 104.26 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for the northeast corner of Lot 21, Block N of West Crossing, Phase 4, an addition to the City of Anna, Texas, as shown on the plat of record in Volume 2015, Page 459, of said Plat Records, said rod being the southeast corner of the herein described 21.335 acre tract; THENCE North 89007'43" West along said north lines of West Crossing, Phases 3 and 4, a distance of 1061.70 feet to the POINT -OF -BEGINNING and containing 929,373 square feet or 21.335 acres of land more or less. SURVEYORS CERTIFICATE KNOW ALL MEN BY THESE PRESENTS; I, Jason B. Armstrong, Registered Professional Land Surveyor for Westwood, do hereby certify that the plat shown hereon accurately represents the results of an on -the -ground survey made in May, 2015, under my direction and supervision, and further certify that all corners are as shown thereon, and that said plat has been prepared in accordance with the platting rules and regulations of the City of Anna, Texas; Date: This the day of , 2016. Jason B. Armstrong Registered Professional Land Surveyor No. 5557 THE STATE OF TEXAS )( COUNTY OF DALLAS )( BEFORE ME, the undersigned authority, on this day personally appeared Jason B. Armstrong, whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said WESTWOOD, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 2016. Notary Public in and for the State of Texas NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT, BLOOMFIELD HOMES, L.P., acting herein by and through its duly authorized officer does hereby adopt this plat designating the hereinabove described property as WEST CROSSING PHASE 6, an addition to the City of Anna, Texas, and does hereby dedicate to the public use forever the streets and alleys shown 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 company 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, BLOOMFIELD HOMES, L.P., a TEXAS LIMITED PARTNERSHIP THE STATE OF TEXAS )( COUNTY OF TARRANT )( 2016. By: BLOOMFIELD PROPERTIES, INC. a TEXAS CORPORATION, GENERAL PARTNER DONALD J. DYKSTRA, President BEFORE ME, the undersigned authority, on this day personally appeared Donald J. Dykstra, whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said BLOOMFIELD HOMES, L.P., and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 2016. Notary Public in and for the State of Texas BL OCK V LOT ACREAGE SQ.FT. 22 0.146 6339 23 0.165 7191 24 0.138 6000 25 0.165 7200 26 0.138 6000 27 0.179 7800 28 0.138 6000 29 0.152 6600 30 0.165 7200 31 0.138 6000 32 0.165 7200 33 0.152 6600 34 0.138 6000 35 0.152 6600 36 0.138 6000 37 0.179 7800 38 0.138 6000 39 0.165 7200 40 0.165 7200 BLOCK 'R' LOT ACREAGE SQ.FT. 1 0.179 7800 2 0.138 6000 3 0.152 6600 4 0.165 7200 5 0.138 6000 6 0.179 7800 7 0.152 6600 8 0.165 7200 9 0.138 6000 10 0.152 6600 11 0.179 7800 12 0.138 6000 13 0.152 6600 14 0.165 7200 15 0.152 6600 16 0.138 6000 17 0.165 7200 18 0.165 7200 19 0.165 7200 20 0.165 7200 BLOCK 'R' LOT ACREAGE SQ.FT. 21 0.138 6000 22 0.152 6600 23 0.165 7200 24 0.152 6600 25 0.138 6000 26 0.179 7800 27 0.152 6600 28 0.138 6000 29 0.165 7200 30 0.152 6600 31 0.179 7800 32 0.138 6000 33 0.165 7200 34 0.152 6600 35 0.138 6000 36 0.179 7800 BL OCK 'S' L 0 T ACREAGE SQ. FT. 1 0.193 8400 2 0.152 6600 3 0.138 6000 4 0.152 6600 5 0.165 7200 6 0.138 6000 7 0.152 6600 8 0.138 6000 9 0.179 7800 10 0.152 6600 11 0.138 6000 12 0.165 7200 13 0.138 6000 14 0.152 6600 15 0.138 6000 16 0.165 7200 17 0.152 6600 18 0.207 9000 19 0.207 9000 20 0.152 6600 BL OCK 'S' L 0 T ACREAGE SQ. FT. 21 0.165 7200 22 0.138 6000 23 0.152 6600 24 0.138 6000 25 0.165 7200 26 0.138 6000 27 0.152 6600 28 0.179 7800 29 0.138 6000 30 0.152 6600 31 0.138 6000 32 0.165 7200 33 0.152 6600 34 0.138 6000 35 0.152 6600 36 0.193 8400 APPROVED THIS DAY OF 12016, BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS. NOTICE: SELLING A PORTION OF THIS ADDITION BY METES AND BOUNDS IS A VIOLATION OF CITY SUBDIVISION ORDINANCE AND STATE PLATTING STATUTES AND IS SUBJECT TO FINES AND WITHHOLDING OF UTILITIES AND BUILDING CERTIFICATES. MAYOR CITY SECRETARY FINAL PLAT BLOCK 'T' LOT ACREAGE SQ.FT. 1 0.179 7800 2 0.179 7800 3 0.165 7200 4 0.138 6000 5 0.152 6600 6 0.165 7200 7 0.138 6000 8 0.207 9000 BLOCK 'U' LOT ACREAGE SQ.FT. 1 0.193 8400 2 0.152 6600 3 0.179 7800 4 0.165 7200 5 0.138 6000 6 0.152 6600 7 0.179 7800 8 0.138 6000 9 0.156 6799 OF WEST CROSSING, PHASE 6 108 RESIDENTIAL LOTS/21.335 ACRES OUT OF THE HENRY BRANTLEY SURVEY, ABSTRACT No. 71 IN THE CITY OF ANNA, COLLIN COUNTY, TEXAS BLOOMFIELD HOMES, L.P. 1050 EAST HIGHWAY 1 14, SUITE 210 SOUTHLAKE, TEXAS 76092 (81 7) 41 6-1 57 2 ENGINEER/SURVEYOR Westwood QQ Ij vl n� W `.J Z rr� ) 0 0� r� W Id I THIS PLAT FILED IN CABINET , SLIDE , P.R.C.C.T. Phone (214) 473-4640 2740 North Dallas Parkway, Suite 280 Toll Free (888) 937-5150 Plano, TX 75093 Survey Firm No. 10074301 westwoodps.com Westwood Professional services, Inc. 2 21.335 Acres November 02, 2016 JOB No. 0006821 0006821FP.dwg FIRST ST. 2740 North Dallas Parkway, #280 Plano, TX 75093 Westwood Main (320) 253-4640 8737 Fax (320) 253-8737 westwoodps.com (888) 937-5150 November 4, 2016 Maurice Schwanke CITY OF ANNA 3223 N. Powell Pkwy. Anna,Texas 75409 RE: West Crossing Phase 6 File 6821 Dear Mr. Schwanke: The West Crossing Phase 6 development as designed will not damage downstream property due to the development's impact on off -site drainage. The developed subdivision drainage discharges into Slayer Creek and does not have an effect on the 100 year water surface. The development does not increase the 100 year water surface downstream of the subject tract. Please contact me if you have any questions. Sincerely, y. Richard Hovas, P.E. Senior Project Manager RKH/jlm Multi -Disciplined Surveying & Engineering TBPLS Firm No 10074301 westwoodps.com Item No. 5.h. City Council Agenda Staff Report Meeting Date: 11 /8/2016 AGENDAITEM: Presentation and Review of the FY 2015-16 Asset Forfeiture Report. (Chief Jenks) SUMMARY: Each year, law enforcement agencies in Texas that have the authority to seize property that was used in the commission of a felony, or seize assets that were obtained through criminal enterprise, must submit a report to the State Attorney General's Office. This report is due to the State within 60 days of the end of the fiscal year. The report form is provided by the state and must be used by the agency submitting the report. The report is not editable on a computer and must be downloaded and was hand written. The Police Department's report, that was mailed into the Attorney General this week, is attached for your review. No property or currency was seized by the Police Department during this reporting period, 10/01/15 through 09/30/16 and the report includes disbursements to the Collin County DA's Office, who is the cooperating agency that files the court documents necessary for the forfeitures to occur. STAFF RECOMMENDATION: Report is for your review only - no action by the Council is required. ATTACHMENTS: Description Upload Date Type FY 2015/16 Chapter 59 Asset Forfeiture Report 11 /4/2016 Staff Report FY 2015 CHAPTER 59 ASSET FORFEITURE REPORT BY LAW ENFORCEMENT AGENCY A enc Name: Mm aUo2t. Agency Mailin Address: ilk s. Prtk w T '7" Ll C�'I Phone 914,g Coun :QOkkin Email Address: 14bres.%k-s' ov Reporting Period: 10C>LM--- oR(3606 Exam le 01/01/2015— 12/31/15,10/01/15 —09/30/15 Beginning balance: $ A) B) 1. Seizures during reporting period: Amount seized and retained in your agency's custody: $ 2. Amount seized and transferred to the District Attorney pending forfeiture: $ 3. Total Seizures: $ C Interest earned on seized funds during reporting period: $ D Amount returned to Defendants/Respondents: $ E Amount transferred to Forfeiture Account: $ F) G Other reconciliation items(provide detail on additional sheet): Ending Balance A+B 1+ C+ F minus D minus E: $ $ A Beginning balance: $ /O B) Amount forfeited to and received by reporting agency (including interest) during reporting period: $ C) DL Interest earned on forfeited funds during reporting period: Amount awarded pursuant to 59.022: $ q Amount awarded ursuant to 59.023:Proceeds received b our enc from sale of forfeited roe : I$$ G Amount returned to crime victims: H Other reconciliation items rovide detail on additional sheet : I J Total expenditures of forfeited funds duringreporting period: Endin balance A+B+C+D+E+F+HmmusGmmusl: O $ Ici. .`{5 Please note — this should be a number, not a currency amount. Example 4 cars seized, 3 cars forfeited and 0 cars put into use SEIZED FORFEITED TO AGENCY RETURNED TO DEFENDANTS / RESPONDENTS PUT INTO USE BY AGENCY A. Motor Vehicles . (include cars, motorcycles, tractor trailers, etc.) B. Real Property (count each parcel seized as one item) C. Computers (include computer and attached system components, such as printers and monitors, as one item) D. Firearms (include only firearms seized for forfeiture under Chapter 59. Do not include weapons disposed under Chapter 18.) E. Other E. Other E. Other E. Other A) Motor Vehicles: # B Real Property: # C Computers: # D Firearms: # E) Other: # A Motor Vehicles: # B) Real Property: # C) Corn uters: # D Firearms: # E Other: # A SALARIES 1. Increase of salary, expense or allowance for employees (salary supplements): $ 2. Salary budgeted solely from forfeited funds: $ 3. Number of employees paid using forfeiture funds: # 4 TOTAL SALARIES PAID OUT OF CHAPTER 59 FUNDS: $ B OVERTIME L For employees budgeted by governingbody: $ 2. For employees budgeted solely out of forfeiture funds $ 3. 1 Number of employees paid using forfeiture funds: # 4. TOTAL OVERTIME PAID OUT OF CHAPTER 59 FUNDS $ C EQUIPMENT 1. Vehicles: $ 2. Computers: $ 3. Firearms, protective body armor, personal equipment: $ 4. Furniture: $ 5. Software: $ 6. Maintenance Costs: $ 7. Uniforms: $ 8. K9 Related Costs: $ 9. Other must rovide detail on additional sheet) $ 10. TOTAL EQUIPMENT PURCHASED WITH CHAPTER 59 FUNDS: $ D SUPPLIES 1. Office supplies: $ 2. Mobile phone and data account fees: $ 3. Internet: $ 4. Other (must provide detail on additional sheet) $ 5. TOTAL SUPPLIES PURCHASED WITH CHAPTER 59 FUNDS: $ E TRAVEL I. IN STATE TRAVEL la Transportation: $ lb Meals & lodging: $ lc Mileage: $ Id Incidental ex enses $ le Total In State Travel $ 2. OUT OF STATE TRAVEL 2a Transportation $ 2b Meals & lodging: $ 2c Mileage $ 2d Incidental expenses $ 2e Total Out of State Travel $ 3 TOTAL TRAVEL PAID OUT OF CHAPTER 59 FUNDS $ F TRAINING I. Fees conferences, seminars): $ 2. Materials (books, cds, videos, etc.) $ 3. Other (must provide detail on additional sheet): $ 4. TOTAL TRAINING PAID OUT OF CHAPTER 59 FUNDS: $ G INVESTIGATIVE COSTS 1. Informant costs: $ 2. Buy money: $ 3. Lab expenses: $ 4. 1 Other must provide detail on additional sheet): $ 5. TOTAL INVESTIGATIVE COSTS PAID OUT OF CHAPTER 59 FUNDS: $ H) PREVENTION / TREATMENT PROGRAMS / FINANCIAL ASSISTANCE / DONATIONS 1. Total prevention / treatment programs (pursuant to articles 59.06 d-3(6), (h), ')): $ 2. Total finial assistance (pursuant to articles 59.06 (n) and (o)): $ 3. Total donatiancons(pursuant to Articles 59.06 (d-2)): $ 4. TOTAL PREVENTION / TREATMENT PROGRAMS / FINANCIAL ASSISTANCE/ DONATIONS (PURSUANT TO ARTICLES 59.06 (d,3(6)), h, ', n, o, d-2 : $ I. FACILITY COSTS 1. Building purchase: $ 2. Lease payments: $ 3. Remodeling. $ 4. Maintenance costs: $ 5. Utilities: $ 6. Other (must provide detail on additional sheet): $ 7. TOTAL FACILITY COSTS PAID OUT OF CHAPTER 59 FUNDS: $ J. MISCELLANEOUS FEES 1. Court costs: $ 2. Filing fees: $ 3. 1 Insurance: $ 4. Witness fees(including travel and security): $ 5. Audit costs and fees (including audit preparation and professional fees): $ 6. Other (must provide detail on additional sheet): $ 7. TOTAL MISCELLANEOUS FEES PAID OUT OF CHAPTER 59 FUNDS: $ K. PAID TO STATE TREASURY / GENERAL FUND / HEALTH & HUMAN SERVICES COMMISSION 1. Total paid to state treasury due to lack of agreement pursuant to 59.06 c : $ tsZ 2. Total paid to state treasury due to participating in task force not established in accordance with 59.06 1 : $ 3. Total paid to General Fund pursuant to 59.06 (c-3) (C) (Texas Department of Public Safe[ only): $ 4. Total forfeiture funds transferred to the Health and Human Services Commission pursuant to 59.06 $ 5. TOTAL PAID TO STATE TREASURY / GENERAL FUND / HEALTH & HUMAN SERVICES COMMISSION OUT OF CHAPTER 59 FUNDS: $ L. TOTAL PAID TO COOPERATING AGENCY(IES) PURSUANT TO LOCAL AGREEMENT: $ M. TOTAL OTHER EXPENSES PAID OUT OF CHAPTER 59 FUNDS WHICH ARE NOT ACCOUNTED FOR IN PREVIOUS CATEGORIES must provide detail on additional sheet): $ N. TOTAL EXPENDITURES:1 $ NOTE: BOTH CERTIFICATIONS MUST BE COMPLETED AUDITOR / TREASURER / ACCOUNTING PROFESSIONAL/PREPARER CERTIFICATION I swear or affirm that the Commissioners Court, City Council or Agency Head (if no governing body) has requested that I conduct the audit required by Article 59.06 of the Code of Criminal Procedure and that upon diligent inspection of all relevant documents and supporting materials, I believe that the information contained in this report is true and correct to the best of my knowledge. AUDITOR, TREASURER, ACCOUNTING PROFESSIONAL or PREPARER (Printed Name): S��Y Eq t�cS•Jil�.� TITLE: SIGNATURE: - DATE: AGENCY HEAD CERTIFICATION I swear or affirm, under penalty of perjury, that I have accounted for the seizure, forfeiture, receipt, and specific expenditure of all proceeds and property subject to Chapter 59 of the Code of Criminal Procedure, and that upon diligent inspection of all relevant documents and supporting materials, this asset forfeiture report is true and correct and contains all information required by Article 59.06 of the Code of Criminal Procedure. I further swear or affirm that, to the best of my knowledge, all expenditures reported herein were lawful and proper, and made in accordance with Texas law. AGENCY HEAD (Printed Name): �, 5 SIGNATURE: _ a DATE: 1 L. RETURN COMPLETED FORM TO: Office of the Attorney General Criminal Prosecutions Division P.O. Box 12548 Austin, TX 78711-2548 Attn: Kent Richardson (512)463-1591 Chapter59AuditReport@texasattorneygeneral.gov WE CANNOT ACCEPT FAXED OR EMAILED COPIES. PLEASE MAIL THE SIGNED, ORIGINAL DOCUMENT TO OUR OFFICE AT THE ADDRESS ABOVE. Item No. 6. City Council Agenda Staff Report Meeting Date: 11 /8/2016 YOUR) HOMETOWN AGENDAITEM: Consider/Dicuss/Action regarding a Resolution approving a Memorandum of Understanding between the City of Anna and the Anna Independent School District. (Chief Jenks) SUMMARY: Several weeks ago, the Anna Independent School District announced their plans to create a separate police department that will provide security to all AISD campuses. With the creation of another law enforcement agency that operates within the City of Anna's corporate limits, the Texas Commission on Law Enforcement (TCOLE) requires that the new AISD-PD have a Memorandum of Understanding (MOU) with the agency with overlapping jurisdiction. The intent of attached MOU, developed in cooperation with AISD, is to create a cooperative atmosphere between the two agencies, and to assist one another in the notification and investigation of certain criminal offenses occurring within the territorial jurisdictions of the two entities. STAFF RECOMMENDATION: Staff recommends approal of the attached Resolution and MOU. ATTACHMENTS: Description Upload Date Type MOU Resolution 11 /3/2016 Resolution Exhibit 1, MOU 11 /3/2016 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ANNA AND THE ANNA INDEPENDENT SCHOOL DISTRICT REGARDING A COOPERATION BETWEEN THE ANNA POLICE DEPARTMENT AND THE ANNA INDEPENDENT SCHOOL DISTRICT ("ANNA ISD") POLICE DEPARTMENT WHEREAS, the City Council of the City of Anna, Texas ("City Council") finds that the Anna Police Department and the Anna ISD Police Department will have overlapping jurisdictions; and WHEREAS, the two entities desire to create a cooperative atmosphere between the two agencies that will assist in the service of the citizens of Anna, Texas and the students and employees of the Anna ISD. WHEREAS, the City Council believes that the Memorandum of Understanding between the Anna Independent School District and the Anna Police Department would serve to create such cooperative atmosphere. Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Approval and Authorization of MOU The City Council hereby approves the Memorandum of Understanding, attached hereto as Exhibit 1, incorporated herein for all purposes, and authorizes, ratifies and approves the City Manager's execution of same. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 11t", day of November, 2016. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Mike Crist CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 of 1 RESOLUTION # EXHIBIT 1 MEMORANDUM OF UNDERSTANDING BETWEEN ANNA INDEPENDENT SCHOOL DISTRICT AND THE CITY OF ANNA STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS COUNTY OF COLLIN § This Memorandum of Understanding ("MOU"), is entered into this day of , 2016, by and between the Anna Independent School District ("AISD" or the "District"), a Texas public school district, and the City of Anna, Texas ("City") (collectively "the Parties"). WITNESSETH WHEREAS, AISD has commissioned one or more peace officers in developing Anna ISD Police Department ("AISDPD"), whose primary duties are as follows: • To provide a safe and secure environment for students, staff, and citizens while those individuals are participating in school -sponsored activities, including, but not limited to school -related activities, extra -curricular activities, and transit to and from such activities. • To protect the property of the District, including real and personal property located inside and outside the boundaries of the District, that is owned, leased, rented or otherwise under the control of the District. • To protect the personal property of those individuals engaged in school -related activities; WHEREAS, AISDPD jurisdiction includes: (1) all property owned, leased, or rented by or otherwise under control of the District, (2) all area within 300 feet of any District property, and (3) all territory within the state of Texas while those individuals are under the direct supervision of the District; WHEREAS, the AISDPD and the City of Anna Police Department ("APD") have overlapping jurisdiction; WHEREAS, the Parties desire to create a cooperative atmosphere between them and to assist one another in the notification and investigation of certain criminal offenses occurring within the territorial jurisdictions of the two entities; WHEREAS, APD is the law enforcement agency in Anna, Texas responsible for maintaining law and order throughout Anna; and Page 1 of 8 MOU-AISDPD-APD RESOLUTION # EXHIBIT 1 WHEREAS, this cooperative effort will assist in the Parties' respective responsibilities and mission to serve the citizens of Anna, Texas and the AISD; NOW THEREFORE, for and in consideration of the mutual promises, terms, covenants and conditions set forth herein, the undersigned Parties enter into this memorandum of understanding that outlines reasonable communication and coordination efforts between the agencies, and agree as follows: I. RESPONSE AND COMMUNICATIONS A. AISD shall be responsible for providing APD with a current list of all properties owned, leased or under the control of the AISD and within the jurisdiction of APD. This list will include the property name and street address. B. AISDPD shall have primary jurisdiction for the provision of police services, except as otherwise specified in this Memorandum of Understanding ("MOU"), on property owned, leased or under the control of the District. C. AISDPD shall be responsible for responding to all requests for police services, which come to their attention, originating from any property owned, leased or under the control of AISD during hours in which an AISDPD Officer is available. If no AISDPD Officer is on duty, such as after -school hours, APD will respond to calls for service on AISD property. If any of the after -hour calls for service require a written report, that report will be forwarded to the AISDPD for disposition/investigation follow-up. D. AISDPD shall notify the APD of incidents on property owned, leased or under the control of the AISD, and within the jurisdiction of APD, that pose a threat to the safety of the residents of Anna, Texas not occupying the property. E. The APD shall notify the AISDPD of any incident within its jurisdiction that may pose a threat to the safety of persons occupying property that is owned, leased or under the control of AISD. F. The APD will continue to notify AISD of criminal activities of students enrolled at AISD in accordance with Article 15.27 of the Texas Code of Criminal Procedure as well as notification of a person residing or intending to reside within the District who is subject to registration under the Sex Offender Registration Program in accordance with Article 62.054 of the Texas Code of Criminal Procedure. G. APD utilizes the Collin County Sheriff's Office ("CCSO") dispatch system and pays the county on a per radio event basis. AISDPD agrees to establish their own membership with CCSO Communications, have their radio call signs assigned to them by CCSO, and pay the fees associated with being on the radio system. Page 2 of 8 MOU-AISDPD-APD RESOLUTION # EXHIBIT 1 II. INVESTIGATIONS AND WARRANTS A. Should AISDPD request the assistance of the APD Evidence Unit for the purpose of collecting and preserving evidence regarding an incident and that request is granted, the APD shall be in control of the crime scene. Any evidence collected by APD will be inventoried and signed over to the AISDPD for storage and follow-up. B. Where the AISDPD requests the assistance of the APD in the investigation of an offense occurring on AISD property, all documentation of the activities of the Officers involved will be made in police reports. Those police reports will be shared by both agencies and not disclosed to any third parties except when required under state law. C. When it is necessary for APD to execute a warrant or conduct an investigation on property owned, leased or under the control of the AISD, the APD shall contact the AISDPD and request an AISDPD officer to accompany the APD Officer, if practicable. The APD shall try not to interrupt class to execute an arrest or search warrant. In the event of a "fresh" or "hot" pursuit, the APD shall notify the AISDPD as soon as possible. D. When it is necessary for AISDPD to execute a warrant or conduct an investigation within Anna, Texas, excluding property owned, leased or under the control of the AISD, the AISDPD shall contact the APD and request an APD officer to accompany the AISDPD Officer, if practicable. In the event of a "fresh" or "hot" pursuit, the AISDPD shall notify the APD as soon as possible. E. Requests for the assistance of the APD, as stated in paragraphs A, B and C above, will be honored provided the offenses occurred on property located within Anna, Texas. F. Subject to AISD's obligations under the Family Educational Rights and Privacy Act, 20 U.S.C. 1232(g) and laws concerning the release of student information, the District agrees to provide the APD with information necessary for its investigation of offenses and incidents addressed in Paragraphs A, B and C. III. TRAINING AND PROCEDURES A. The Chief of Police for the APD or his designee and the managing police officer for the AISDPD may enter into mutually agreed upon intra-agency training opportunities on AISD property or campuses or another agreed upon location, subject to their availability, provided such trainings are deemed beneficial by the Parties. B. Subject to the approval of the Board of Trustees for AISD or its designee, the Chief of Police for the APD or his designee and the managing police officer for the AISDPD may enter into mutually agreed upon standard operational procedures and guidelines concerning the terms of this MOU. Page 3 of 8 MOU-AISDPD-APD RESOLUTION # EXHIBIT 1 IV. INSURANCE A. The APD shall have no liability whatsoever for or with respect to AISD's use of any AISD property or facility, or the actions of, or failure to act by, any employees, subcontractors, agents, or assigns of AISD. B. AISD shall be solely responsible, as between AISD and the APD and the agents, officers, and employees of the APD, for and with respect to any claim or cause of action arising out of or with respect to any act, omission, or failure to act by AISD or its agents, officers, employees, and subcontractors, while on AISD property or while using any AISD facility or performing any function or providing or delivering any service undertaken by AISD pursuant to this MOU. C. For and with respect to AISD property or AISD's use of any AISD facility, AISD hereby contracts, covenants, and agrees to obtain and maintain in full force and effect, during the term of this MOU, a policy or policies of insurance, or risk pool coverage, in amounts sufficient to insure AISD and its agents, officers, and employees from and against any claim, cause of action, or liability arising out of or from the action, omission, or failure to act by AISD, its agents, officers, employees, and subcontractors in the course of their duties. D. AISD shall have no liability whatsoever for the actions of, or failure to act by, any employees, subcontractors, agents, or assigns of the APD. E. The APD shall be solely responsible, as between the AISD and the APD and the agents, officers, and employees of APD, for and with respect to any claim or cause of action arising out of or with respect to any act, omission, or failure to act by the APD or its agents, officers, employees, and subcontractors, while performing any function or providing or delivering any service undertaken by the APD pursuant to this MOU. F. For and with respect to the services to be provided by the APD to AISD pursuant to this MOU, the APD hereby contracts, covenants, and agrees to obtain and maintain in full force and effect, during the term of this MOU, a policy or policies of insurance, or risk pool coverage, in amounts sufficient to insure the APD and its agents, officers, and employees from and against any claim, cause of action, or liability arising out of or from the action, omission or failure to act by the APD, and its agents, officers, employees, and subcontractors in the course of their duties. G. It is specifically agreed that, as between the Parties, each Party to this MOU shall be individually and respectively responsible for responding to, dealing with, insuring against, defending, and otherwise handling and managing its liability and potential liability pursuant to this MOU; each Party hereto reserves and does not waive any Page 4 of 8 MOU-AISDPD-APD RESOLUTION # EXHIBIT I defense available to it at law or in equity as to any claim or cause of action whatsoever that may arise or result from the services provided and/or any circumstances arising under this MOU. This MOU shall not be interpreted nor construed to give to any third party the right to any claim or cause of action, and neither the APD nor AISD shall be held legally liable for any claim or cause of action arising pursuant to, or out of the services provided under, this MOU except as specifically provided herein or by law. H. No Party hereto waives or relinquishes any immunity or defense on behalf of itself, its trustees, councilmembers, officers, employees, and agents as a result of the execution of this MOU and the performance of the covenants and MOUs contained herein. V. MISCELLANEOUS A. The Parties agree that this MOU is subject to amendment or modification as needed to provide for the maximum operational efficiency of both Parties. The Parties further agree that any amendment or modification of the terms of this MOU must be mutual, and that no such amendment or modification shall be binding unless it is in writing, dated subsequent to the date of the full execution of this MOU, and duly executed by the Parties to this MOU. B. Nothing in this MOU shall be deemed to create, by implication or otherwise, any duty, responsibility or right as to either Party, except with respect to the subject matter of this MOU as specifically set forth herein. This MOU does not and shall not be interpreted to limit or extend any governmental authority or discretion except as specifically set forth herein. C. Nothing in this MOU shall be deemed to extend or increase the jurisdiction or authority of either the AISDPD or APD except as necessary to give effect to this MOU. All the governmental functions and services of the AISDPD shall be and remain the sole responsibility of the AISDPD. All governmental services and functions of the APD shall be and remain the sole responsibility of the APD. D. Nothing contained in this MOU shall be deemed or construed by the Parties to it, or by any third party, as creating the relationship of principal and agent, joint venturers, partners or any other similar such relationship. E. Nothing in this Agreement shall be deemed to waive, modify or amend any legal defense available at law or in equity to either Party nor to create any legal rights or claim on behalf of any third party. The Parties hereto shall cooperate fully in opposing any attempt by any third person or entity to claim any benefit, protection, release, or other consideration under this MOU. Neither Party waives, modifies, or alters to any extent whatsoever the availability of the defense of governmental immunity under the laws of the State of Texas or any individual person's immunity under state or federal law. Page 5 of 8 MOU-AISDPD-APD RESOLUTION # EXHIBIT 1 F. This MOU inures to the benefit of and obligates only the Parties executing it. No term or provision of this MOU shall benefit or obligate any person or entity not a party to it. The Parties to this MOU shall cooperate fully in opposing any attempt by any person or entity not a party to this MOU to claim any benefit, protection, release or other consideration under this MOU. G. Any notice, request, demand, report, certificate or other instrument which may be required or permitted to be furnished to or served upon the parities shall be deemed sufficiently given or finished or served if in writing and deposited in the United States mail, registered or certified, return receipt requested, addressed to such party at the address set forth below: IF TO APD: Anna Police Department Attn: Chief of Police 101 S Powell Pkwy Anna, TX 75409 Phone: 972-924-2848 Fax: 972-924-3162 IF TO AISDPD: Anna Independent School District Police Department Attn: Superintendent 501 S Sherley Anna, TX 75409 Phone: 972-924-1000 Fax: 972-924-1001 H. This MOU may be terminated at any time with or without cause, subject to Texas Education Code 37.081(g) which requires a school district police department and the law enforcement agencies with which it has overlapping jurisdiction to enter into a memorandum of understanding outlining reasonable communication and coordination efforts between the district and law enforcement. The Parties agree that notice of termination shall be made in writing and must be given at least sixty (60) days in advance of the termination date. I. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, but rather this entire Agreement will be construed as if not containing the particular invalid or unenforceable provision or provisions, and the rights and obligations of the parties hereto shall be construed and enforced in accordance therewith. The parties hereto acknowledge that if any provision of this Agreement is determined to be invalid or unenforceable, it is their desire and intention that such provision be reformed and construed in such a manner, the maximum extent practicable, that it will be validated and enforceable. Page 6 of 8 MOU-AISDPD-APD RESOLUTION # EXHIBIT 1 J. This MOU may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall be considered fully executed when all parties have executed an identical counterpart, notwithstanding that all signatures may not appear on the same counterpart. [Signature page follows.] Page 7 of 8 MOU-AISDPD-APD RESOLUTION # EXHIBIT 1 IN WITNESS WHEREOF, the Parties have executed this Agreement to be effective for all purposes on the date last written below. THE STATE OF TEXAS § COUNTY OF COLLIN § ANNA INDEPENDENT SCHOOL DISTRICT Pete Slaughter, Superintendent Date: ACKNOWLEDGMENT This instrument was acknowledged before me on the day of , 2016, by Pete Slaughter, Superintendent of Schools of the Anna Independent School District, for and on behalf of the Anna Independent School District. THE STATE OF TEXAS § COUNTY OF COLLIN § Notary Public -State of Texas CITY OF ANNA Philip Sanders, City Manager Date: ACKNOWLEDGMENT This instrument was acknowledged before me on the day of 2016, by Philip Sanders, City Manager of the City of Anna, for and on behalf of the City of Anna. Notary Public -State of Texas Page 8 of 8 MOU-AISDPD-APD Item No. 7. City Council Agenda Staff Report Meeting Date: 11 /8/2016 AGENDAITEM: Consider/Discuss/Action regarding a Resolution authorizing the City Manager to execute an Amendment to the existing Tower Site License Agreement for 3300 N. Powell Parkway, Anna, Texas with AirCanopy Internet Services, Inc., a Texas corporation d/b/a Rise Broadband. (Joseph Johnson) SUMMARY: In December 2015 Council approved a Tower Site License Agreement with AirCanopy Internet Services, Inc., a Texas corporation doing business as Rise Broadband. The agreement related specifically to internet equipment mounted on the water tower at 3300 N. Powell Parkway, Anna, Texas. The licensee has recently requested to add eight additional devices to the tower that would include three Tongyu antennas with radios and five Radio Wave backhauls with radios. Staff has negotiated a monthly payment increase of $1,150 per month for a total monthly payment of $1,950 for the site. The payment will increase to $2,150 during the third and fourth years of the agreement. STAFF RECOMMENDATION: Staff recommends approval of this item which authorizes the City Manager to execute an Amendment to the existing Tower Site License Agreement for 3300 N. Powell Parkway, Anna, Texas with AirCanopy Internet Services, Inc., a Texas corporation d/b/a Rise Broadband. ATTACHMENTS: Description Upload Date Type Resolution 10/30/2016 Resolution Exhibit A - Existing Tower License Agreement 10/30/2016 Exhibit Exhibit B -Amendment To Tower License Agreement 10/30/2016 Exhibit Equipment Layout 10/30/2016 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. 2016-11-002 A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING AN AMENDMENT TO THE TOWER SITE LICENSE AGREEMENT WITH AIRCANOPY INTERNET SERVICES, INC., A TEXAS CORPORATION D/B/A RISE BROADBAND FOR 3300 N. POWELL PARKWAY, ANNA, TEXAS. WHEREAS; The City has previously negotiated and approved a Tower Site License Agreement with AirCanopy Internet Services, Inc., A Texas corporation d/b/a Rise Broadband (Licensee) for the water tower at 3300 N. Powell Parkway, Anna, Texas attached hereto as Exhibit A; and, WHEREAS; staff recommends approving an Amendment to the existing Tower Site License Agreement that would allow Licensee to install certain additional equipment attached hereto as Exhibit B; and, WHEREAS; the Amendment includes additional compensation from Licensee to the City in the amount of $1,150 per month said amount increasing to $2,150 during the third and fourth years of the agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Authorization. The City Council hereby approves the Amendment attached hereto as Exhibit B, and authorizes, ratifies and approves the City Manager's execution of 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 Amendment to the Tower Site License Agreement. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 8` day of November 2016. ATTEST: APPROVED: City Secretary Carrie L. Smith Mayor Mike Crist RESOLUTION: Amendment To Tower Site License Agreement PAGE 1 OF 1 1 1/8,16 TOWER SITE LICENSE AGREEMENT THIS TOWER SITE LICENSE AGREEMENT (this "License") is entered into between the City of Anna (the "City"), a Texas municipal corporation, and AirCanopy Internet Services, Inc., a Texas corporation d/b/a Rise Broadband ("Licensee"), with its principal business at 61 Inverness Dr. E, Suite 250, Englewood, CO 80112. WHEREAS, Licensee and the City are sometimes collectively referenced in this Agreement as the "Parties", or, each individually, as "Party"; and WHEREAS, the City owns a Tower Structure, as hereinafter defined, suitable for the placement of Antenna Facilities, as hereinafter defined; and, WHEREAS, Licensee seeks to provide high-speed internet services to citizens and businesses within and near the City's corporate limits, and it is in the best interests of the City to facilitate the provision of such services upon the terms set forth in this License. NOW THEREFORE IT IS AGREED AS FOLLOWS: Property. (a) The City is the titleholder or otherwise controls that certain real property located at 3300 N Powell Parkway, Anna, Texas (hereinafter referenced as the "City's Property"), which is described on the attached Exhibit A, incorporated herein by reference for all purposes. The parties agree that the City's Property in Exhibit A is correctly described. (b) The City hereby agrees to license to Licensee the limited use of a certain tower located at 3300 N Powell Parkway, Anna, Texas (said tower hereinafter referenced as the "Tower Structure"), subject to the terms of this License. The License allows the Licensee to place communications devices and equipment (said devices and equipment here referenced as "Communication Equipment") at or within a close distance of the base of the Tower Structure and to mount certain communication facilities (said communication facilities herein referenced as "Antenna Facilities") onto the Tower Structure. The Communication Equipment must be stored within a closed box (said box hereinafter referenced as "Equipment Enclosure"). The relative location within the City's Property of the Equipment Enclosure and the Antenna Facilities as shall be as depicted in the sketch attached as Exhibit B, incorporated herein by reference for all purposes. During the Term, as defined hereinafter, the Licensee may run cables and wires under, over and across the City's Property to connect Licensee's Antenna Facilities to its Communication Equipment and shall have the right to access and maintain same in accordance with this License; provided, however, that the running of such cables and wires shall not unreasonably interfere with the City's use of the City's Property. Licensee is also granted a non-exclusive license for reasonable access to the City's Property when installing, removing, replacing, and/or servicing its Equipment Enclosure, Communication Equipment or Antenna Facilities. 2. Term. The term of this License shall be four years (the "Term"), commencing on the Commencement Date of this License, subject to earlier termination as provided for under this License. This License shall terminate at the end of the Term unless before then the parties agree in writing to extend this License for an additional period of time. 3. Payments/Compensation. (a) Licensee shall make monthly payments to the City on the same day of the month as the Commencement Date, which shall be ninety (90) days after the Effective Date. Starting on the TOWER SITE LICENSE AGREEMENT Page 1 of 9 Commencement Date, said payments shall be made each month, in advance, to the City, or to such other person, firm, or place as the City may, from time to time, designate in writing at least 30 days in advance of any payment date. (b) Said monthly payments shall be in the amount of $800 during the first and second years of the license, and $1,000 during the third and fourth years of the license. (c) As additional compensation for this License, Licensee shall during the Term of this License, and at the City's option, furnish —at no cost to the City —wireless internet services to up to 3 locations at the City's discretion ( City buildings, facilities and parks) at the widest bandwidth and at the highest speed that Licensee offers or makes available to its commercial/business customers, along with the highest capacity and highest performing hardware/equipment (including but not limited to dishes/receivers, signal relay/boost equipment, modems, etc.). (d) In the event of termination of this License for any reason(s) other than Licensee's nonpayment of any amounts due in accordance with paragraphs (a) and (b), above, or Licensee's failure to provide services to the City in accordance with paragraph (c), above, payments due shall be calculated on a prorated basis as of the date the Communication Equipment, Equipment Enclosure, Antenna Facilities, associated cables/wires and any other property of Licensee are fully removed from the City's Property and Licensee restores the City's Property to the condition in which it existed as of the Commencement Date, excepting normal wear and tear and restoration being required only to the extent that Licensee or Licensee's property or use thereof caused any changes to the condition of the City's Property. In the event that payments are calculated on a prorated basis as set forth in the preceding sentence, and the City is in receipt of prepaid amounts that exceed the prorated amount due, such excess amount shall be refunded to Licensee. However, any prorated payment that would otherwise be refunded to Licensee under this or any other provision of this License shall be subject to deductions of all costs incurred by the City if Licensee fails to remove its equipment and restore the City's Property as described above within 60 days of notice of termination. The City shall provide any prorated refund thereafter due within 90 days after notice of termination, Use. (a) Unless under a prior written agreement signed by the City and only to the extent permitted thereunder while such agreement shall remain in effect, Licensee has no right to enter, access or use the City's Property until the Commencement Date. On the Commencement Date and thereafter, Licensee agrees that the following priorities of use, in descending order, shall apply in the event of communication interference or other conflict during the Term, and Licensee's use and rights under this License shall be subordinated accordingly. (i) The City. (ii) Public safety agencies, including law enforcement, fire, and ambulance services that are not part of the City. (iii) Government -regulated entities providing services to the general public for a fee, in a manner similar to a public utility, such as long distance and cellular telephone service. (b) Licensee's use of the City's Property shall include and be limited to the installation, operation, and maintenance of the Communication Equipment, Equipment Enclosure, Antenna Facilities and associated cables/wires necessary for the transmission and reception of radio communication signals and for the operation of related equipment in accordance with the provisions of this License. Licensee shall at all times act and be in compliance with all federal, state, and local laws and regulations. If for any reason Licensee's use fails to comply with any federal, state or local law or regulation and Licensee fails to bring its use within compliance TOWER SITE LICENSE AGREEMENT Page 2 of 9 within 30 days of written notice of such noncompliance, this License shall be terminated as provided herein, unless sooner authorized by such applicable law. The City agrees to reasonably cooperate with Licensee in obtaining, at Licensee's sole expense, all additional licenses and permits required for Licensee's use of the City's Property. 5. Installation of Improvements. Access. Utilities. (a) Licensee's installation of any equipment or personal property and construction of any structures or other improvements shall be done according to plans submitted by Licensee and approved by the City, and no equipment or property shall be subsequently relocated without the City's approval. During the term of this License, Licensee shall have the nonexclusive right to use the City's Property for the purpose of transmitting and receiving radio communication signals. The City specifically reserves the right to allow the City's Property to be used by other parties of the type and for the purposes generally described in this License, and to make additions, deletions or modifications to the Tower Structure on the City's Property. (b) Licensee may request to add, upgrade or replace Communication Equipment, Equipment Enclosure and/or Antenna Facilities from time to time. If so requested, Licensee shall submit to the City a structural study as may be reasonably requested for the City's evaluation of proposed additions or upgrades. All costs for required structural studies will be paid by Licensee within 30 days of receipt of a detailed invoice. The City reserves the right to: (1) require renegotiation as to the amount of the required payments set forth in Paragraph 3(b) if in the City's judgment Licensee's proposed additions and/or upgrades of the Antenna Facilities and/or Communication Equipment justify an increase; and (2) deny such additions and/or upgrades if such renegotiations do not result in a mutually agreeable amendment to this License. (c) Licensee shall have the right, at its sole cost and expense, to install, operate and maintain on the licensed portions of the City's Property the Communication Equipment, Equipment Enclosure, Antenna Facilities, and any other of Licensee's improvements and personal property as described in Exhibit B and approved by the City. All such improvements shall be constructed in accordance with the City's specifications and according to a site plan approved by the City. The Communication Equipment, Equipment Enclosure, Antenna Facilities, and any other of Licensee's improvements and personal property, shall remain the exclusive property of Licensee, subject to Paragraph 8(c) of this License. No equipment shall be stored on the City's Property outside of the Equipment Enclosure, and all appropriate permits must be obtained prior to construction and use of the Equipment Enclosure. (d) Licensee, at all times during this License, shall have access to the licensed portions of the City's Property and the Equipment Enclosure in order to install, operate and maintain its Antenna Facilities. Licensee shall have access to the Tower Structure only with the approval of the City and in the presence of an employee of the City. Licensee shall request access to the Tower Structure at least 24 hours in advance, except in the case of emergency, and the City's approval thereof shall not be unreasonably withheld or delayed. If Licensee requests access to the City's Property or Tower Structure outside normal City business hours, Licensee shall be responsible for payment of all costs, including but not limited to salary/overtime costs, incurred by the City as a result of providing the requested access to the Licensee. Full reimbursement shall be provided to the City within thirty business days of receipt of the City's written request for reimbursement. (e) The City shall allow for access to electricity associated with Licensee's use of the City's Property. All utilities will be buried unless otherwise approved by the City in writing. TOWER SITE LICENSE AGREEMENT Page 3 of 9 (f) Licensee shall have sole responsibility for the maintenance, repair, and security of its Communication Equipment, Equipment Enclosure, Antenna Facilities, and any other of Licensee's improvements and personal property, and shall keep the same in good repair and in safe condition at all times. Any unforeseen or additional costs for servicing or maintaining the Tower Structure that are due to the presence of or the installation of the Communication Equipment, Equipment Enclosure, Antenna Facilities, and any other of Licensee's improvements and personal property, will be the responsibility of Licensee. (g) Licensee will adhere to all applicable OSHA safety requirements. (h) Licensee shall place no advertising on the site or on any structure on the site. (i) All of Licensee's equipment and operations will comply with any applicable noise and nuisance ordinances of the City. 6. Reasonable Approval. Both parties shall not unreasonably withhold or delay approvals required under this License. Licensee Defaults. (a) Not by way of limitation, the parties hereto understand and agree that the occurrence of any one or more of the following events shall constitute an "Event of Default" hereunder by Licensee: (i) The failure by Licensee to make any payment of rent or any other payment required to be made by Licensee hereunder, as and when due, where such failure shall continue for a period of 20 days after written notice thereof is received by the Licensee from the City. (ii) The failure by Licensee to observe or perform any of the covenants or provisions of this License to be observed or performed by the Licensee, where such failure shall continue for a period of 20 days after written notice thereof is received by the Licensee from the City. (b) If there occurs an Event of Default by Licensee, in addition to any other remedies available to the City at law or in equity, the City shall have the option to terminate this License and all rights of Licensee hereunder. No waiver of any rights under this License shall occur unless the waiver is set forth in a duly authorized written document properly adopted and signed by the party granting the waiver and delivered to the other party. Any waiver of any right under this License shall not be deemed a waiver of any other rights under this License. Termination and Suspension. (a) This License may be terminated as follows: (i) By either party, upon a default of any covenant or term hereof by the other party, which default is not cured within 30 days of receipt of written notice of default to the other party; (ii) By Licensee, if it is unable through no fault of its own to obtain or maintain any license, permit, or other governmental approval necessary for the construction and/or operation of the Antenna Facilities or Licensee business, after pursuing such license, permit, or other approval with due diligence; TOWER SITE LICENSE AGREEMENT Page 4 of 9 (iii) By the City, if it determines in its sole discretion and for any reason, that the Tower Structure is structurally unsound for its intended use, including but not limited to consideration of age of the structure, damage or destruction of all or part of the Tower Structure or the City's Property from any source, or factors relating to condition of the City's Property; (iv) By the City, if it determines that the Antenna Facilities unreasonably interfere with another user with a higher priority as set forth in Paragraph 4(a) if Licensee cannot correct the interference within 30 days; (v) By the City, if Licensee's use of the City's Property is or becomes illegal under any federal, state or local law, rule or regulation; or (vi) By Licensee, if within 30 days before the second anniversary of the Commencement Date of this License Agreement, Licensee provides written notice of such termination to the City. (b) This License shall be considered suspended temporarily if: (1) the City determines that maintenance or repairs must be performed to the City's Property or to the Tower Structure; (2) such maintenance or repairs require removal of all or a part of the Communication Equipment, Equipment Enclosure, Antenna Facilities, any other associated cables/wires, or any other property of Licensee (collectively, "Licensee's Property"); and (3) such removal results in Licensee's inability, through no fault on its part, to broadcast its transmissions as intended. Whenever practicable, the City shall provide Licensee with written notice specifying the part or parts of the Licensee's Property that must be removed and an estimated duration of time before reinstallation will be permitted. Licensee shall complete such removal promptly, but in no event later than the 30th day after such written notice. If Licensee does not timely remove the parts of Licensee's Property specified for removal, then the City may facilitate the removal of same by any means and Licensee must in that event reimburse the City for any removal expenses. The City shall have no obligation to replace or reinstall any of Licensee's Property that has been removed. Licensee's removal and any subsequent reinstallation of any of Licensee's Property shall be at Licensee's own expense. Further, the City shall at no time be responsible for any damage to Licensee's Property related, directly or indirectly, to any removal or reinstallation of Licensee's Property or any part thereof. (c) In the event of an emergency concerning public health and safety, the City may facilitate removal of Licensee's Property at any time and by any means the City determines to be necessary to avoid or defend against potential death, injury, or damage to property. This may include without limitation requiring Licensee to remove same without notice or with very short notice, depending on the circumstances. For the time period that Licensee is, through no fault on its part, unable to broadcast its transmissions as intended due to such removal, the License shall be considered to be suspended. (d) As it relates to removal of Licensee's Property during any period of suspension under this License, the City shall as soon as practicable provide to Licensee in writing a reinstallation date upon which the Licensee shall be allowed to reinstall any of Licensee's Property. Any suspension described in this License shall be considered to be concluded on the tenth day after the designated reinstallation date whether or not the Licensee's Property has been reinstalled and whether or not the Licensee has resumed transmissions from the Tower Structure. After a suspension period is concluded, the City, upon request by the Licensee, shall refund a prorated amount of any fees already paid to the City. Such repayment amount shall represent and be in the sum of the fees that Licensee would otherwise have been obligated to TOWER SITE LICENSE AGREEMENT Page 5 of 9 pay during the suspension period were it not for the suspension. A suspension of this License shall not toll or otherwise alter the Term of this License. (e) Should it at any time be determined by the City that the Tower Structure must be removed or modified —or that the City's Property must be configured or otherwise used —in a way that precludes Licensee's use thereof, then this License may be terminated by the City by providing 30-days written notice. This termination remedy is in addition to and cumulative of any other termination provision in this License. In the event that the City provides such notice, then Licensee must remove —no later than the 30'h day after such written notice —Licensee's Property from the Tower Structure and from the City's Property. If Licensee fails to timely remove any part of Licensee's Property, then the City may facilitate the removal of same by any means and Licensee must in that event reimburse the City for any removal expenses. Further, the City shall at no time be responsible for any damage to Licensee's Property. (f) The City shall not in any manner be liable for any expense or damages whatsoever, including without limitation consequential damages, loss of use, loss of profits, or any other costs, claims or expenses arising out of, related (directly or indirectly) to or in connection with: (1) the removal of any of Licensee's Property in accordance with this License; or (2) the City suspension or termination of this License in accordance with the provisions of this License, which shall not be considered a breach of this License. (g) Upon termination of this License for any reason, Licensee shall remove any remaining part of Licensee's Property from the Tower Structure and the City's Property within 60 days after the date of termination, and shall restore the City's Property to the condition it was in on the Commencement Date of the term of this License ordinary wear and tear excepted, all at Licensee's sole cost and expense. Any such property which is not removed by end of said 60- day period shall become the property of the City. 9. Insurance. (a) Licensee shall provide Comprehensive General Liability Insurance coverage, including premises/operations coverage, independent contractor's liability, completed operations coverage, contractual liability coverage, and the City will be held harmless for acts of outside vendors in a combined single limit of not less than $1,000,000 per occurrence, and $4,000,000 aggregate, and name the City as an additional insured on such policy or policies. Licensee may satisfy this requirement by an endorsement to its underlying insurance or umbrella liability policy. (b) Neither party shall be liable to the other (or to the other's successors or assigns) for any loss or damage caused by fire or any of the risks enumerated in a standard "All Risk" insurance policy, and, in the event of such insured loss, neither party's insurance company shall have a subrogated claim against the other. (c) Licensee shall provide to the City, prior to the Commencement Date of this License, evidence of the required insurance in the form of a certificate of insurance issued by an insurance company licensed to do business in the State of Texas, which includes all coverage required above. Said certificate shall also provide that the coverage may not be cancelled, expired, or materially changed without 30 days prior written notice to the City. 10. Adverse Medical Effect. In the event that it is established that Licensee's operation of the wireless facility is determined to be medically related to a health problem, the City must notify Licensee of TOWER SITE LICENSE AGREEMENT Page 6 of 9 the related issues. In the event that Licensee causes, permits or allows such activities determined to be medically related to a health problem to continue, the City shall have the right to immediately terminate this License if Licensee fails to discontinue or remedy the operation within 30 days of written notice of any such relationship. 11. Damage or Destruction of Property. If the City's Property, Tower Structure, or Antenna Facilities are destroyed or damaged so as, in Licensee's judgment to render the site unusable as Antenna Facilities, Licensee may elect to terminate this License upon 60 days written notice to the City. In the event Licensee elects to terminate the License, Licensee shall be entitled to reimbursement of any prepaid rent prorated prior to the date of termination. 12. INDEMNIFICATION. EXCEPT FOR THE NEGLIGENT ACTS OR WILLFUL MISCONDUCT OF THE CITY'S AGENTS OR EMPLOYEES, LICENSEE AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY AND ITS ELECTED OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES, FROM AND AGAINST ANY AND ALL CLAIMS, COSTS, LOSSES, EXPENSES, DEMANDS, ACTIONS, OR CAUSES OF ACTION, INCLUDING REASONABLE ATTORNEY FEES AND OTHER RELATED COSTS AND EXPENSES OF LITIGATION, WHICH MAY BE ASSERTED AGAINST OR INCURRED BY THE CITY OR FOR WHICH THE CITY MAY BE HELD LIABLE, WHICH ARISE FROM THE NEGLIGENCE, WILLFUL MISCONDUCT, OR OTHER FAULT OF LICENSEE OR ITS EMPLOYEES, AGENTS, OR SUBCONTRACTORS IN THE PERFORMANCE OF THIS LICENSE OR FROM THE INSTALLATION, OPERATION, USE, MAINTENANCE, REPAIR, REMOVAL, OR PRESENCE OF LICENSEE'S ANTENNA FACILITIES, INCLUDING BUT NOT LIMITED TO ELECTRICAL INTERFERENCE OR HEALTH PROBLEMS CAUSED BY LICENSEE'S TRANSMISSION OPERATIONS, AND SPECIFICALLY INCLUDING THE REPRESENTATIONS AND WARRANTIES OF PARAGRAPH 14(B) OF THIS LICENSE, AND SHALL FURTHER INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY FOR ITS COSTS AND EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEYS FEES, INCURRED IN ANY ATTEMPT TO ENFORCE THIS INDEMNITY PROVISION. LICENSEE'S OBLIGATIONS TO SO INDEMNIFY, DEFEND AND HOLD HARMLESS SHALL SURVIVE THE TERM OF THIS AGREEMENT. 13. Notices. All notices, requests, demands, and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, postage prepaid, certified mail, return receipt requested to the following addresses: If to the City, to: City Manager City of Anna P.O. Box 776 Anna, TX 75409 If the Licensee, to: AirCanopy Internet Services, Inc. d/b/a Rise Broadband Attn.: Contract Administration 61 Inverness Dr. E, Suite 250 Englewood, CO 80112 14. Representations and Warranties. TOWER SITE LICENSE AGREEMENT Page 7 of 9 a) The City warrants that (1) it has full right, power, and authority to execute this License; and (2) to the best of its knowledge, it has good and unencumbered title to the City's Property free and clear of any liens or mortgages, except as may be disclosed by review of title, or has a right of control over same for the full duration of the Term. b) Licensee represents and warrants that its storage and use of any substance or material on the City's Property will comply with applicable federal, state or local law or regulation and that it will store and use said substance or material on the City's Property only if necessary for its transmission operations. LICENSEE AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, COST, DAMAGE, AND EXPENSE, INCLUDING REASONABLE ATTORNEY FEES RELATING TO, ARISING FROM OR DUE TO THE STORAGE OR DISCOVERY OF ANY OF THE ABOVE REFERENCED MATERIALS THAT ARE PART OF LICENSEE'S COMMUNICATION EQUIPMENT, EQUIPMENT ENCLOSURE, ANTENNA FACILITIES, AND ANY OTHER OF LICENSEE'S IMPROVEMENTS AND PERSONAL PROPERTY, OR ANY COMPONENT PARTS OR BY-PRODUCTS THEREOF IN VIOLATION OF APPLICABLE LAW. LICENSEE'S OBLIGATIONS TO SO INDEMNIFY, DEFEND, AND HOLD HARMLESS SHALL SURVIVE THE TERM OF THIS AGREEMENT. 15. Assignment. This License may not be sold, assigned, or transferred by Licensee without the written consent of the City, such consent not to be unreasonably withheld. 16. Third Parties. This License is granted strictly to the Licensee and its provisions are not intended in any manner to benefit any third party. 17. Miscellaneous. (a) This License constitutes the entire agreement and understanding of the parties relating to the subject matter of this License, and supersedes all offers, negotiations, and other agreements of any kind. There are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this License must be in writing and executed by both parties. (b) The parties understand and agree that this is a License for use of the City's Property and Tower Structure and is not a contract for goods or services as defined under Texas Local Government Code § 271.151. (c) This License shall be construed in accordance with the laws of the State of Texas. Exclusive jurisdiction over and venue for any cognizable claim related directly or indirectly to this License shall lie in Collin County, Texas. (d) If any term of this License is found to be void or invalid, such invalidity shall not affect the remaining terms of this License, which shall continue in full force and effect. (e) Licensee waives all rights and remedies under law and equity to bring a claim or cause of action against the City that arises out of, relates (directly or indirectly) to, or is in connection with this License, including but not limited to any claim or cause of action available under the Uniform Declaratory Judgment Act ("UDJA"), except that Licensee reserves the right to seek specific performance of the City's duties under this License other than by a claim brought under the UDJA. TOWER SITE LICENSE AGREEMENT Page 8 of 9 (f) This License is subject to all zoning approvals and building permits. (g) This License represents the entire and integrated agreement and all understandings between the parties and supersedes and renders void all prior negotiations, representations and/or agreements between the parties, either written or oral. (h) 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. Y AUT14ORIZED SIGNATURES: Ph li�i 5� rs Cit , Manag r, City of Anna, Texas THE SF TEXAS } COUNgO COLLIN } This instrument was acknowledged before me on the, day of Sanders, City Manager, City of Anna, -Texas. ! �CARRIE �? Not i L, SMITH- Public. State of Texas My Commission Expires Notary Public, State of Texas AirCanopy Internet Services, Inc. d/b/a Rise Broadband By: Name: j Title: C� THE STATE OF } COUNTY OFVocc rnMt C ) 201� by Philip This instrument was acknowledged before me on the q t:h day of 201 by iY�tc�\,(\ &CAQ A��'� of AirCanopy Internet Services, Inc d/b/a Rise Broadband. Notary Public, State of�p� VALERIE M MONTOYA NOTARY PUBLIC STATE OF COL47RADO NOTARY ID 20054010887 MY COMMISSION EXPIRES JUIY 1, 2018 TOWER SITE LICENSE AGREEMENT Page 9 of 9 jg5raa sdj°�$& LO ;ig,(�j. 3t s [ S b S xx ��yy3g @iR �jb� 6��0 {h8 �@ 3 j((�3ppa j.tj�T x p t� - 3 tt gag 7Jp {t(j dbp6 }3 �gg P �Pb11 SL'¢j; 4 x €"� ° I }� g I $ six ®I 3 i § g ;$ I e $� u �a %F�x s�� § sP a;,1• �/g 3 a � d• $ $t�a' # d � �a�# �• ,�Z °�< �s jY gi S � � 1 � j 5 Y 3 Pa F > 4, @E eF id � � j I � lu �`''ti'35'r i `i a aP� d'•,�` �'�` P�s `�, 81 /' r,YL'CIY 3SO,6Z.ZON � l�- NJ iul !4 Al �fL596 12/4/2015 Collin CAD - Property Search Property Search Property ID: 2647352 -Tax Year: 2016 1 General Information Owner Information Property ID 2647352 Property Status Active Geographic ID R-9657-000-R001-1 Property Type Real Property Address State Hwy #5 Anna, TX 75409 Total Land Area 4,487 sq. ft. Total Improvement Main Area n/a Abstract/Subdivision Anna, PubAic Works Primary State Code F1 (Govt Owned City) Legal Description Anna Public Works, Lot R001, .103 Acres; State Hwy 5 Row Taxing Entity CAN (Anna City) GCN (Collin County) JCN (Collin College) SAN (Anna ISD) IMIMMEMM Tax Rate 0,639000 (2015 Rate) 0.225000 (2015 Rate) 0.081960 (2015 Rate) 1.670000 (2015 Rate) Our records don't show any improvement data for Property ID 2647352 in the year 2016. Owner ID 13792 Owner Name(s) Anna City Of Exemptions EX-XV (Other Exemptions (Including Public, Religious, Charitable, And Other Property Not Reported E Percent Ownership 100.00% Mailing Address Po Box 776 Anna, TX 75409-0776 Value information for Property ID 2647352 in the 2016 tax year is unavailable. Value information for prior years may be available in the Value History section below, Collected By Collin County Tax fOce Collin`. County T ax Office Collin County 1 ax Office Collin Count,, Tax, O f ce Land Segment #1 State Code Homesite Market Value Ag Use Value Land Size Undeveloped F1 (Govt Owned City) No n/a 0.1030 acres 4,487 sq. ft. Year Improvement Land Market Ag Loss Appraised HS Cap toss Assessed 20,'€5 $0 $3,090 $3,090 $0 $3,090 $0 $3,090 2014 $0 $3,090 $3,090 $0 $3,090 $0 $3,090 2,0 E3 $0 $3,090 $3,090 $0 $3,090 $0 $3,090 't 2 $0 $3,090 $3,090 $0 $3,090 $0 $3,090 http://www.collincad.org/propertysearch?prop_id=2647352&situs street_sutfix=&isd%5B%5D=any&city%5B%5D=any&prop_type%5B%5D=R&prop_type%5. 1/2 12/4/2015 2011 $0 $3,090 Collin CAD - Property Search $3,090 $0 $3,090 $0 $3,090 Deed History Deed Date Seller Buyer Instr # Volume/Page SB 54® Amends Section 25.027 of the Property Tax Code, effective September 1, 2005 RESTRICTION ON POSTING DETAILED IMPROVEMENT INFORMATION ON /NTERNET WEBSITE. Information in appraisal records may not be posted on the Internet if the information is a photograph, sketch, or floor plan of an improvement to real property that is designed Primarily for use as a human residence. This section does not apply to an aerial photograph I hat depicts five or more separately owned bul dings. HB 9 ® Amends Section 25.027 of the Property Tax Code, effective September 1, 0S RESTRICTION ON POSTING AGE RELATED INFORMATION ON INTERNET WEBSITE. Information in appraisal records may not be posted on the Internet if the information indicates the age of a property owner, including information indicating that a property owner is 65 years of age or older. http://www.collincad.org/propertysearch?prop id=2647352&situs street suffix=&isd%5B%5D=any&city%5B%5D=any&prop type%5B%5D=R&prop type%5... 212 Anna North Tower View of Tower from East (facing West) 7 — East -facing sector antenna 2 — North -facing sector antenna 3 —South-facing panel antenna 4 — Distribution Box LICENSEE SITE NAME: OKF-ANN Name: Gtr of Anna SITE COORDINATES: Lat 33.3671 Long-96.S60222 AMENDMENT TO THE TOWER SITE LICENSE AGREEMENT THIS AGREEMENT (the "Agreement") is made as of the date last signed on the signature page (the "Amendment Effective Date"), between the City of Anna (the "CityCity"), and AirCanopy Internet Services, Inc., a Texas corporation d/b/a Rise Broadband, on behalf of itself and its subsidiaries (collectively, "Licensee"). RECITALS WHEREAS, City and Licensee are parties to a Tower Site License Agreement dated February 18, 2016 (the "Agreement"), for Licensee's use of the property located at 3300 N Powell Parkway, Anna, Texas (the "Property"); and WHEREAS, City and Licensee desire to amend the Agreement to increase the monthly fees and to add equipment to the Property. NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions set forth in this Amendment and in the Agreement, and for other good and valuable consideration, the receipt of which Is hereby acknowledged, City and Licensee hereby agree as follows: 1. Except as expressly defined in this Amendment, each defined term used herein has the same meaning given to such term in the Agreement; provided however, in the event of a conflict, the definition set forth in this Amendment shall control. 2. The Equipment shall be amended to mean the following: • Adding three (3) Tongyu antennas along with three (3) ZTE radios • Adding five (5) Radio Waves back hauls along five (5) Cambium radios • Removing one (1) 2' SAF back haul 3. As of the Amendment Effective Date, the monthly payment will increase by 1,150.00 per month for a total monthly payment of $1,950.00 for all remaining Payments for the first and second years of the License. The Monthly Payment will increase to $2,150 for all Monthly Payments due during the third and fourth years of the License. Page 1 of 3 Rev.D6,23.16 4. MISCELLANEOUS • Except as expressly set forth in this Amendment, the Agreement has not been modified or amended. The Agreement, as amended by this Amendment, is in full force and effect. • Except as amended in this Amendment, all other terms and provisions of the Agreement shall apply. • This Amendment sets forth the entire agreement between the parties with respect to the matters set forth herein. There have been no additional oral or written representations or agreements. • In the case of any inconsistency between the provisions of the Agreement and this Amendment, the provisions of this Amendment shall govern and control. [Remainder of page intentionally left blank] Page 2 of 3 Rev. 06.23.25 IN WITNESS WHEREOF, City and Licensee have duly executed this Amendment as of the latest dated signature below and acknowledge that they have read, understand, and agree to uphold the terms and provisions above. DULY AUTHORIZED SIGNATURES: Philip Sanders City Manager, City of Anna, Texas THE STATE OF TEXAS } COUNTY OF COLLIN } This instrument was acknowledged before me on the day of . 2016, by Philip Sanders, City Manager, City of Anna, Texas. Notary Public, State of Texas AIrNVPof n t Se , ices, Inc. d/b/a Rise Broadband t By: �� Naarrity Titltwork Deployment and Field Operations THE STATE OF COLORADO } COUNTY OF LARIMER } This ' stru ent was ac Howled d before me on theZ-� day of 2016, by of AirCanopy Internet Services, Inc. d/b/a Rise Broadband. MELISSA CATHELYN NOTARY PUBLIC Notary Public, State of Col ad STATE OF COLORADO NOTARY ID 19984014735 MY COMMISSION EXPIRES ALJGUSr 15, 201 B1 Page 3 of 3 Rev. 06.23.16 TOWER PROJECT PROJECT NO. DRAWN BY ISSUE TOWER HOST OKF-ANN City of Anna OKF-ANN LTE P-I I Brian petty 1 8/29/2016 City of Anna TOWER PROJECT PROJECT NO. DRAWN BY ISSUE TOWER HOST OKF-ANN City of Anna OKF-ANN LTE P-I I Brian petty 1 8/29/2016 City of Anna TOWER PROJECT PROJECT NO. DRAWN BY ISSUE TOWER HOST OKF-ANN City of Anna OKF-ANN LTE P-I I Brian petty 1 8/29/2016 City of Anna TOWER PROJECT PROJECT NO. DRAWN BY ISSUE TOWER HOST OKF-ANN City of Anna OKF-ANN LTE P-I I Brian petty 1 8/29/2016 City of Anna TOWER PROJECT PROJECT NO. DRAWN BY ISSUE TOWER HOST OKF-ANN City of Anna OKF-ANN LTE P-I I Brian petty 1 8/29/2016 City of Anna I Item No. 8. City Council Agenda Staff Report Meeting Date: 11 /8/2016 y{OUR) HOMETOWN AGENDAITEM: Consider/Discuss/Action regarding a Resolution approving a Second Amended and Restated Facilities Agreement UDF Northpointe, LLC. - 184.01 Acre Tract. (Maurice Schwanke) ���J►�� I►�i I_1 N'E When the Northpointe Crossing subdivision was approved, the City signed a Facilities Agreement which outlined the obligations of the developer and the City with regard certain infrastructure and other public improvements. Part of the Agreement requires the developer of a future phase of the property, to construct a walking trail through a greenbelt that bisects the property. Upon completion of the trail, the City is required to reimburse the developer for the construction cost of the trail from Park Fees collected in connection with development of the subdivision. The maximum reimbursable amount is $175,000. To date, the City has collected $130,500 in Park Fees from Northpointe. Staff is recommending that the Facilities Agreement be amended to remove the requirement for the developer to construct the trail in the greenbelt area. The greenbelt is entirely contained within the Northpointe subdivision and the proposed trail would not connect to the City's master trail system. Removal of this requirement would unencumber the Park Fees collected so far and make them available for other City park projects. The current Northpointe developer supports this proposed amendment. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution and the amended Agreement. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE SECOND AMENDED AND RESTATED FACILITIES AGREEMENT UDF NORTHPOINTE, LLC-184.01 ACRE TRACT WHEREAS, on May 27, 2008, the City Council of the City of Anna, Texas (the "City Council")approved an Amended and Restated Facilities Agreement UDF Northpointe, LLC-184.01 AcreTract (the "Facilities Agreement"), related to the development of the Northpointe Crossingsubdivision; and WHEREAS, the City of Anna, Texas (the "City") and the owner and current developer of theremainder of the Northpointe subdivision desire to further amend the Facilities Agreement toaddress the construction of a walking trail within the greenbelt; 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 Amended Facilities Agreement. The City Council hereby approves the Second Amended and Restated Facilities Agreement UDFNorthpointe, LLC-184.01 Acre Tract attached hereto as Exhibit 1, incorporated herein for allpurposes, and authorizes the City Manager to execute same on its behalf. The City Manager isfurther authorized to execute all documents and to take all other actions necessary to finalize, actunder, and enforce the Agreement. PASSED AND ADOPTED by the City Council on the City of Anna Texas, November 8, 2016 ATTESTED: City Secretary Carrie L. Smith ATTACHMENTS: Description Exhibit 1, Amended Agreement Northpointe Crossing Greenbelt APPROVED: Mayor Mike Crist Upload Date Type 10/27/2016 Exhibit 10/31 /2016 Backup Material SECOND AMENDED AND RESTATED FACILITIES AGREEMENT UDF NORTHPOINTE, LLC-184.01 ACRE TRACT This Second Amended and Restated Facilities Agreement UDF Northpointe, LLC-184.01 Acre Tract (this "Second Amendment") is entered into between and among the City of Anna, Texas (the "City") and LGI Homes -Texas LLC., ("Owner") as follows: WHEREAS, Owner and the City are sometimes collectively referenced in this Second Amendment as the "Parties"; and WHEREAS, on May 27, 2008, the Owner's predecessor and the City entered into an Amended and Restated Facilities Agreement UDF Northpointe, LLC-184.01 Acre Tract (the "Facilities Agreement"), related to the development of the Property; and WHEREAS, the Owner's predecessor has assigned the Facilities Agreement to the Owner for the portion of the Property purchased by the Owner; and WHEREAS, the City and the Owner now desire to amend the Facilities Agreement to address the construction of a walking trail within the greenbelt; and WHEREAS, the capitalized terms used in this Second Amendment are as defined in the Facilities Agreement unless expressly set forth to the contrary herein; and WHEREAS, it is the Parties' mutual intent that this Second Amendment shall govern only the subject matter specifically set forth herein and shall supersede any previous agreement between the Parties only to the extent that any such agreements directly conflict with the terms of this Second Amendment; 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 Second Amendment and said recitals constitute representations by Owner and the City. SECTION 2 AMENDMENT TO RECITALS The Recitals on page 1 of the Facilities Agreement are hereby amended by deleting Recital E as follows: SECOND AMENDED AND RESTATED FACILITIES AGREEMENT UDF NORTHPOINTE, LLC-184.01 ACRE TRACT Page 11 Man SECTION 3 AMENDMENT TO SECTION 5. PARK IMPROVEMENTS Section 5. of the Facilities Agreement is hereby amended by deleting paragraph (a), amending paragraph (c), and deleting paragraph (e) as follows: Greenbelts.Thim ■_ Exhibit 1. The greenbelt areas west of Bowen Drove and east of Durnas Drove DeveloperExhibit 1 aFe to be dediGated by the developers, The greenbelt area will be owned and maintained by the homeowners' association., .. RPM _ r Off AN ■ _ _ ft-H W. _ LOW _ SECTION 4 CONFLICTS AND EFFECTIVE DATE SECOND AMENDED AND RESTATED FACILITIES AGREEMENT UDF NORTHPOINTE, LLC-184.01 ACRE TRACT Page 12 To the extent of any conflict between this Second Amendment and the Facilities Agreement, this Second Amendment shall govern. The Effective Date of this Second Amendment is the date that the last of the Parties' signatures to this Second Amendment is fully and properly affixed to this Second Amendment 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 Second Amendment and Owner has duly executed same. [SIGNATURES PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] SECOND AMENDED AND RESTATED FACILITIES AGREEMENT UDF NORTHPOINTE, LLC-184.01 ACRE TRACT Page 13 OWNER LGI Homes -Texas LLC, a Texas Limited Liability Company By: LGI HOMES, INC., a Delaware corporation, its owner/manager No Michael Snider, its President IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF § Before me, the undersigned notary public, on the day of , 2016, personally appeared Michael Snider, 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 President of LGI Homes, Inc. on behalf of LGI Homes -Texas LLC. Notary Public, State of Texas SECOND AMENDED AND RESTATED FACILITIES AGREEMENT UDF NORTHPOINTE, LLC-184.01 ACRE TRACT Page 14 CITY OF ANNA Philip Sanders, City Manager IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF § Before me, the undersigned notary public, on the 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. Notary Public, State of Texas SECOND AMENDED AND RESTATED FACILITIES AGREEMENT UDF NORTHPOINTE, LLC-184.01 ACRE TRACT Page 15 • d �e� '+5f•�,f nv �� � A '1i ,\ F t6 Greenbelt t a sl Imagery Date:ra7anrb 3322�24 N 96331244 weav 745rc eye alt I Item No. 9. City Council Agenda Staff Report Meeting Date: 11 /8/2016 YOUR) HOMETOWN AGENDAITEM: Briefing/Discussion regarding "It's Time Texas Community Challenge". (Mayor Crist) SUMMARY: Mayor Crist will brief the Council regarding the "It's Time Texas" Community Challege presented by H-E-B. STAFF RECOMMENDATION: ATTACHMENTS: Description Upload Date Type Community Challenge Invitation 10/26/2016 Backup Material i1SIt-STIME TEUSU Presented by PO Box 776, Anna, Texas 75409 Dear Mayor Mike Crist, I am honored to announce that our fifth -annual IT'S TIME TEXAS Community Challenge, Presented by H-&B, launches on January 91h, 2017. The Challenge unites Texas Mayors like yourself with their local schools, businesses, organizations, and community members to demonstrate your commitment to healthy living. This statewide healthy competition has made a huge impact on community health. Last year alone, the Challenge saw: • More than 1.5 Million Individual Activations • 50 Texas Mayors Engaged • 320 Texas Communities on Board • 5,500+ Healthy School Activities Logged • 6,000+ Pounds Lost Today, we invite you to be part of the 2017 IT'S TIME TEXAS Community Challenge. Why It Matters: Texas' communities are struggling more than ever, burdened by the financial and social constraints of our unhealthy society. Obesity is projected to cost Texas businesses upwards of 10 billion dollars this year alone. We all share responsibility for the fact that today's youth are the first generation in 100 years to have a lower projected life expectancy than their parents. As a Mayor, you know your constituents must be healthy for your community to thrive. The IT'S TIME TEXAS Community Challenge is designed to provide an easy, free, and fun way for you to mobilize your entire community around the cause of better health. Here's How to Get Involved: • Sign the Mayor Pledge • Make a Challenge Video • Establish or Strengthen your Mayor's Health & Fitness Council For more information on getting involved, please reference the How It Works packet provided. Please reach out to me at any time if questions arise. We look forward to watching your community step up to the Challenge! Sincerely, Baker Harrell, PhD CEO, IT'S TIME TEXAS HOW YoU CAN EARN POINTS FOR YOUR COMMUNITY: jwk �� ts Host an IT'S TIME TEXAS -Sanctioned Challenge eEript pvent rovided onnd speak tthe Challeno your dgenwebsite. A; 5000 about the importance of healthy living g `� POINTSWebsitel You must sign this pledge for your 10000 POINTS 15000 POINTS Z0000 POINTS Sign the Mayor Pledge on the Challenge community to be eligible to win the Community Challenge. There is also a pledge available for your City Council members to sign. Shoot a Challenge Video encouraging your residents to get involved and challenging a neighboring community to compete with you! Form or Strengthen a Mayor's Health & Fitness Council or similar citywide health collaborative. Requirements are listed on the Challenge website. www.ittcommunitychallenge.com Blue(:roa;I3hicShicld �'���� ,�� � of TeXas Supplementoi ■ - Assistance Program This institution is an equal opportunity provider. Tl was funded by USDA's Supplemental Nutrition Assistance Progra his materia m. ag lot, STIME TEX48fift MAY01rS PLEDGE Presented by In Support of the IT'S TIME TEXAS Community Challenge, I, Mayor Crist , of Anna , Texas Pledge to: Kickoff the IT'S TIME TEXAS Community Challenge by declaring my support and encouraging my constituents to participate! To Earn Challenge Points For My Community, I Will: ❑ E-mail this signed Pledge or a photo of myself holding the Pledge to mayorpledge@itstimetexas.org to be featured on the Challenge website. (Required, for 10,000 points) ❑ Ask City Council members to sign and upload the City Council Pledge or a photo of the group holding the Pledge. (Optional, for 2,500 points) F-1 Create and upload a short video that promotes the IT'S TIME TEXAS Community Challenge and calls on another Texas Mayor to compete! (Optional, for 15,000 points) Establish or strengthen a Mayor's Health and Fitness Council in my community. (Optional, for 20,000 points) Host and speak at an IT'S TIME TEXAS -sanctioned event in my community that promotes healthy living and the Community Challenge. (Optional, for 5,000 points) 1 recognize that a healthy community is more united, more productive, and more prosperous. As a result, I am committed to the health of my community and pledge to make our community a model for others to follow. My community is up to the Challenge! Mayor's Signature: Signed Date BlueCrom BlueSLield Oof Texas � Supplemental l Nowllon Assistance Program This institution is an equal opportunity provider. This material was funded by USDA's Supplemental Nutrition Assistance Program.