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HomeMy WebLinkAboutRes 2012-03-01 Creating FM 455 Median Break PID.pdfCITY OF ANNA, TEXAS RESOLUTION NO. 2012-03-01 A RESOLUTION CREATING FM 455 MEDIAN BREAK PUBLIC IMPROVEMENT DISTRICT AUTHORIZING AND ORDERING PUBLIC IMPROVEMENTS FOR THE BENEFIT OF SAID DISTRICT; PROVIDING FOR NOTICE OF PUBLIC HEARING ON ASSESSMENTS; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, on January 23, 2012 there was presented to the City of Anna, Texas (the "City") a petition (the 'Petition"), which described the public improvements proposed to be made within the proposed public improvement district (the "District") and sought authorization to create the District and to make improvements including a median break on or near FM 455 in the corporate limits of Anna, Texas; and WHEREAS, notice of a public hearing was published on February 10, 2012 in a newspaper of general circulation within the City and was mailed to the owners, as reflected on the tax rolls, of property subject to assessment in the District, giving interested persons the opportunity to appear and be heard; and WHEREAS, before conducting said public hearing on February 28, 2012, the City Council of the City of Anna, Texas ("City Council") adopted a resolution estimating the cost of improvements and the appraised value of taxable real property liable for assessment in the proposed Districts; and WHEREAS, the City Council opened the public hearing on February 28, 2012, in order to hear testimony and public comment regarding the creation and authorization of the District and the proposed public improvements; and WHEREAS, all owners of property located within the proposed District and all other interested persons were given the opportunity at said public hearing to speak for or against the creation of the District and the proposed public improvements; and WHEREAS, after the close of said public hearing, the City Council adopted a resolution making certain findings regarding the advisability of creating the District; and WHEREAS, the City Council by this resolution desires to create the District and to authorize and order the public improvements to benefit the District as set forth in this resolution; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The City Council hereby approves the statements contained in the preamble of this resolution and finds that all statements are true and correct and incorporates the same in the body of this resolution as if set forth in full for all purposes. Res. 2012-03-01 Creating FM 455 Median Break PID Page 1 03-29-12 Section 2. Findings of the Council. The City Council, after considering the Petition and the evidence, any testimony and comments presented at the public hearing, and information presented by City staff hereby finds and determines that: (a) the Petition was duly filed with the City Secretary and was signed by owners of taxable real property representing more than 50 percent of the appraised value of taxable real property liable for assessment under the proposal, as determined by the current appraisal roll of the appraisal district in which the property is located, and by the record owners of real property liable for assessment under the proposal who own taxable real property that constitutes more than 50 percent of the area of all real property that is liable for assessment under the proposal; (b) the proposed public improvements described in the Petition are of the nature of the public improvements described in Section 372.003 of Texas Local Gov't Code, as amended, and are advisable and desirable improvements for the proposed District in that the proposed public improvements will provide additional access via a median break on Farm to Market Road 455 for the properties within the proposed District and that, due to the area's close proximity to U.S. Highway 75 and North Powell Parkway (Hwy 5), and a projected increase in traffic volume in the area and the potential number of residents and businesses in the District, such additional access will enhance the health and safety of all residents of the District and will provide necessary and/or enhanced public access to properties within the proposed District; (c) the proposed public improvements will promote the interests of the City and are of the nature that will confer a special benefit on all property within the District by enhancing the value of such property located within the District; (d) the nature of the proposed improvements and estimated costs thereof are set forth and described in Exhibit A attached hereto and made a part hereof for all purposes; (e) the boundaries of the District include all of the property that is set forth and described in Exhibit B attached hereto and made a part hereof for all purposes; (f) the method of assessment of costs of the proposed improvements will be levied in a manner that results in imposing equal shares of the costs on property similarly benefitted; (g) the method of assessment is such that the owners of property in the District located on the north side of FM 455 shall be responsible for one-half of the total cost of the improvements with each such owner being assessed a portion based on the percentage land area within the District located on the north side of FM 455 owned by each property owner and the owners of property in the District located on the south side of FM 455 shall be responsible for one-half of the total cost of the improvements with each such owner being assessed a portion based on the percentage land area within the District located on the south side of FM 455 owned by each property owner; (h) the costs of the improvements shall be apportioned between the District and City such that all such costs are paid from the assessments levied on the property within the Res. 2012-03-01 Creating FM 455 Median Break PID Page 2 03-29-12 District and no costs are paid by the City; (i) the District shall be managed without the creation of an advisory body; and 0) the making of the improvements by the creation of the District is advisable. Section 3. Authorization and Creation of the FM 455 Median Break PID. Based on the foregoing, the FM 455 Median Break Public Improvement District is hereby authorized, created, and established and the public improvements as described in Exhibit A are authorized and ordered to be made subject to the time period and conditions set forth in Texas Local Government Code § 372.010(c). Section 4. Direction for Publication of Notice of Authorization. After adoption of this resolution, the City Secretary is authorized and directed to cause newspaper publication of notice of this authorization in the form attached to this resolution as Exhibit C. Section 5. Proposed Service Plan, Assessment Plan, and Assessment Role. The City Council by this resolution acknowledges the proposed service plan, assessment plan, and assessment role attached hereto as Exhibit D. Said exhibit, including Exhibits D-1, D-2, and D-3, attached thereto, are incorporated herein by reference as if set forth in full and said plans and roles shall be filed in the office of the City Secretary for public inspection. Section 6. Direction for Publication and Mailing of Notice of Public Hearing on Assessments. A public hearing is hereby called for the 24th day of April, 2012, at 7:30 p.m. at the Anna City Hall Administration Building, 111 N. Powell Parkway, Anna, Texas, for the purpose of levying assessments against the benefitted property within the District for the cost of the public improvements to be made within said District and the expenses incurred in establishment of the District and related costs incident to same. At such time and place the City Council will hear testimony regarding the proposed assessments. All written or oral objections to the assessments will be considered at the hearing. The costs of the acquisition, installation and construction of such improvements is approximately $72,136.49 for construction costs and $3,000 in administrative and legal costs over the life of the District. After adoption of this resolution, the City Secretary is authorized and directed to cause newspaper publication of notice of this authorization in the form attached to this resolution as Exhibit E. The proposed assessment roll attached hereto as Exhibit D, and including Exhibit D-1, D-2, and D-3 shall be filed with the City Secretary and shall be open for public inspection upon and after the adoption of this resolution, providing for the costs of said improvements to be Res. 2012-03-01 Creating FM 455 Median Break PID Page 3 03-29-12 assessed, levied, and apportioned against acreage within the District and the real and true owner or owners of said acreage. The City Secretary shall publish a notice of the public hearing in accordance with the applicable provisions of Texas Local Gov't Code Chapter 372 and shall mail a copy of said notice to the owners of property within the District liable for assessment as required by law. Section 7. Severability. It is hereby declared to be the intention of the City, that sections, paragraphs, clauses, sentences and phrases of this resolution are severable, and if any section, paragraph, clause, sentence or phrase of this resolution shall be declared unconstitutional or illegal by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this resolution since the same would have been enacted by the City without the incorporation in this resolution of any such unconstitutional or illegal section, paragraph, clause, sentence or phrase. Section 8. Passage. The authorization of the District pursuant to this resolution shall take effect upon publication of the authorization as provided above. PASSED AND APPROVED by the City Council of the City of Anna, Texas this the 29th day of March, 2012. ATTESTED: e Cit Secretary, Natha Wilkison APPROVED: \Q�2r W May6r, D." Res. 2012-03-01 Creating FM 455 Median Break PID Page 4 03-29-12 EXHIBIT A PROPOSED IMPROVEMENTS AND ESTIMATED COSTS Improvements — Design and construction of a median break on Farm to Market Road 455 within the District. Estimated Costs of Improvements — The estimated costs of the improvements, including financing, total $72,136.49 for construction and $3,000 in administrative and legal costs over the life of the District, which amounts may be modified to conform to actual expenses. A total of 100% of such actual costs of the improvements shall be paid by assessment of the property owners within the District. The City will initially fund the total costs of the improvements, with said costs being reimbursed to the City through the assessments levied on the owners in the District. EXHIBIT B BOUNDARIES OF THE PUBLIC IMPROVEMENT DISTRICT South side of West White Street (FM 455): Lot 1 Block A, Anna Market Center, Document Number 20080618010002250 - 6.010 Acres; Lot 2 Block A, Anna Market Center, Acres; Lot 3 Block A, Anna Market Center, Acres; Lot 4 Block A, Anna Market Center, Acres; Lot 5 Block A, Anna Market Center, Document Number 20080618010002250 — 1.289 Document Number 20080618010002250 — 1.184 Document Number 20080618010002250 — 0.991 Document Number 20080618010002250 — 1.382 Acres; and: Lot 6 Block A, Anna Market Center, Document Number 20080618010002250 —1.977 Acres; and The section of FM 455 between the south side described above and the north side described below; and: North side of West White Street (FM 455): Lot 1 Block A, Summer Hill Addition, Document Number 20110124010000170 — 0.63 Acres; Tract 1, Part of Deed Document Number 20071205001623100 -10.70 Acres; Being a tract of land situated in the F.T. Duffau Survey, Abstract Number 288, in the City of Anna, Collin County, Texas, and being part of that 20 acre tract of land described by deed to Anna 455 Commercial, LP. as recorded under Document Number 20071205001623100, Deed Records, of Collin County Texas; said tract being more particularly described by the metes and bounds as follows: COMMENCING from the southeasterly corner of said 20 acre tract, same being in the northerly line of West White Street at a point; THENCE North 86 degrees 48 minutes 33 seconds West a distance of 67.12 feet to a point for corner; THENCE North 88 degrees 43 minutes 33 seconds West a distance of 1.31 feet to a point for corner; THENCE North 01 degrees 16 minutes 27 seconds East a distance of 237.0 feet to a point for corner; THENCE North 88 degrees 43 minutes 33 seconds West a distance of 126.5 feet to a point for corner; THENCE South 01 degrees 16 minutes 27 seconds West a distance of 237.0 feet to a point for corner; THENCE North 88 degrees 43 minutes 33 seconds West a distance of 483.04 feet to a point for corner; THENCE North 01 degrees 06 minutes 52 seconds East a distance of 727.04 feet to a point for corner; THENCE South 88 degrees 53 minutes 08 seconds East a distance of 680.21 feet to a point for corner; THENCE South 00 degrees 47 minutes 01 seconds West a distance of 554.40 feet to a point for corner; THENCE South 02 degrees 53 minutes 27 seconds West a distance of 176.87 feet to the POINT OF BEGINNING and containing 10.70 acres of Land More or less; and Tract 2, Part of the remainder of 157.844 Acres in Vol. 3346, Pg. 764 Described in Vol. 736, Pg 589 — 9.15 Acres; Being a tract of land situated in the F.T. Duffau Survey, Abstract Number 288, in the City of Anna, Collin County, Texas, and being part of 157.844 acre tract of land conveyed to Rudman Partnership, by deed as recorded in Volume 3346, Page 764, Deed Records, of Collin County Texas; said tract being more particularly described by the metes and bounds as follows: COMMENCING from a point that bears South 00 degrees 45 minutes 31 seconds West a distance of 24.78 feet from the southwest corner of lot 32 block A of the Settlers' Way Addition in the city of Anna according to the plat recorded in Cabinet "P", Page 967 of the Official Public Records of Collin County Texas to the POINT OF BEGINNING; THENCE North 87 degrees 23 minutes 30 seconds West a distance of 329.73 feet to a point for corner; THENCE North 01 degrees 05 minutes 29 seconds East a distance of 220.49 feet to a point for corner; THENCE South 78 degrees 01 minutes 29 seconds West a distance of 154.18 feet to a point for corner; THENCE South 03 degrees 07 minutes 29 seconds West a distance of 180.84 feet to a point for corner; THENCE North 86 degrees 48 minutes 33 seconds West a distance of 99.72 feet to a point for corner; THENCE North 02 degrees 53 minutes 27 seconds East a distance of 176.87 feet to a point for corner; THENCE North 00 degrees 47 minutes 01 seconds East a distance of 554.40 feet to a point for corner; THENCE South 88 degrees 53 minutes 08 seconds East a distance of 578.95 feet to a point for corner; THENCE South 00 degrees 45 minutes 31 seconds West a distance of 748.24 feet to the POINT OF BEGINNING and containing 9.15 acres of Land More or less. EXHIBIT C NOTICE OF AUTHORIZATION AND CREATION OF FM 455 MEDIAN BREAK PUBLIC IMPROVEMENT DISTRICT BY CITY OF ANNA, TEXAS The City Council of the City of Anna, Texas, by majority vote of all members on March 29, 2012, authorized, established, and created the FM 455 Median Break Public Improvement District ("District") by Resolution No. 2012-03-01 to take effect on the date this notice is published. The District may not provide any services or improvements until at least 20 days after authorization of the District takes effect and may not begin if during this 20 -day period written protests signed by at least two-thirds of the owners of record of property within the District or by the owners of record of property comprising at least two-thirds of the total area of the District are filed with the City Secretary. FM 455 MEDIAN BREAK PUBLIC IMPROVEMENT DISTRICT SERVICE PLAN, ASSESSMENT PLAN, AND ASSESSMENT ROLL Chapter 372 of the Local Government Code of the State of Texas, known as the 'Public Improvement District Assessment Act' (the "Act'), authorizes and defines formation of a Public Improvement District within the State of Texas. By action taken by the City Council of the City of Anna, Texas ("City Council'), on March 29, 2012, the City of Anna, Texas (the "City") authorized by resolution the establishment of FM 455 MEDIAN BREAK PUBLIC IMPROVEMENT DISTRICT (the "District') within the boundaries set forth in Exhibit D-1, attached hereto. In compliance with requirements outlined in various sections of the Act, the Service and Assessment Plan for the District is defined herein. Section 1. Improvements to be Provided to the District. After analyzing the improvements authorized by the Act, the City, acting through the District, determined that the construction and/or acquisition of the improvements as set forth in Exhibit D-2, attached hereto, and described in part as "[d]esign and construction of a median break on Farm to Market Road 455 within the District' (the 'Improvements"), which are allowed by the Act, should be provided within the District and will be of special benefit to the property within the District. After completion of the Improvements, the City will operate and maintain the Improvements at its expense. Section 2. Assessment Plan. After analyzing the assessment methods allowed by the Act, the City has determined that costs of the Improvements apportioned against the acreage within the District and the real and true owner or owners thereof is such that the owners of property in the District located on the north side of FM 455 shall be responsible for one-half of the total cost of the improvements with each such owner being assessed a portion based on the percentage land area within the District located on the north side of FM 455 owned by each property owner and the owners of property in the District located on the south side of FM 455 shall be responsible for one-half of the total cost of the improvements with each such owner being assessed a portion based on the percentage land area within the District located on the south side of FM 455 owned by each property owner. Section 3. Assessment Roll The Assessment Roll is described as being those properties more specifically described in Exhibit D-3, and shall be revised as necessary to reflect any parcels sold, given, dedicated or otherwise conveyed. Section 4. Costs. The estimated total costs of the improvements is $72,136.49 for construction and $3,000 in administrative and legal costs over the life of the District, which may be modified to conform to actual expenses. The Improvement Costs shall be paid by assessment of the property owners within the District. Section 5. Maintenance Costs of Improvements to be Paid by Cit In accordance with the Act, and in accordance with all applicable local, state, and federal laws and regulations, the City and/or an agency of the state will provide for the ongoing annual maintenance, operation, and repair of the Improvements from the date of completion and acceptance of the Improvements. Section 6. Ownership of Improvements. Upon completion and acceptance of the Improvements, title to the Improvements and all land, easements and right-of-way related thereto shall vest in the City or the state. Section 7. Levy of Assessments. There shall be levied by the City the special assessments set forth in Exhibit D-3 attached hereto (collectively, the "Assessments") to pay the Improvement Costs. Any real property conveyed to the City in connection with the Improvements or real property owned by the State of Texas shall not be assessed. Each Assessment, in the amount set forth in Exhibit D-3, shall be due and payable upon issuance of the first invoice for payment of assessment sent by the City to the property or property owner assessed. If assessed property within the District is transferred to a party that is exempt from payment of the Assessment under applicable law, or if an owner causes assessed property or a portion thereof to become non -benefitted property, the owner thereof shall pay to the City the full amount of the Assessment, plus accrued interest thereon, for such property prior to any such transfer or act. Section 8. Prepayment of Assessments for Each Year. Pursuant to the provisions of Section 372.018 of the Act, an Assessment may be paid in whole at any time by paying the unpaid amount of the Assessment plus the interest accrued or penalties that have been imposed prior to the date of payment of the Assessment. Section 9. Interest and Penalties on Delinquent Assessments. A delinquent Assessment will accrue interest, penalties, and attorney's fees in the same manner as delinquent ad valorem taxes, as set forth in Section 33.01 et seq. of the Texas Tax Code. Section 10. No Discounts or Split Payments. There will be no partial payment of an Assessment or discount for the early payment of an Assessment. Section 11. Lien for Collection of Assessments. Assessments together with interest, penalties, and expense of collection and reasonable attorneys fees, as permitted by the Act and the Texas Tax Code shall be a first and prior lien against the property assessed, superior to all other liens and claims, except liens or claims for state, county, school district, or municipal ad valorem taxes, and shall be a personal liability of and charge against the owner of the property regardless of whether the owners are named. The lien for Assessments thereof and penalties and interest is effective from the date of the ordinance levying the Assessments until the Assessment is paid, and shall be enforced by the City in the manner provided by the Texas Tax Code for collecting ad valorem taxes on real property. Section 12. Applicability of Texas Tax Code. To the extent not inconsistent with the Ordinance"), and not inconsistent with Chapter improvement districts, the provisions of the Texas collection of Assessments by the City. Section 13. Lien Survives Foreclosure. ordinance levying Assessments (the "Assessment 372 of the Act or the other laws governing public Tax Code shall be applicable to the imposition and Any sale of property for nonpayment of an Assessment shall be subject to the lien established for the remaining unpaid Assessment against such property and such property may again be sold at a judicial foreclosure sale if the purchaser thereof fails to make timely payment of the nondelinquent Assessment or installment portion thereof against such property as it becomes due and payable pursuant to the terms of the Assessment Ordinance. Section 14. Reassessments. Pursuant to Section 372.020, Texas Local Government Code, the City Council may make a reassessment of a parcel of land if: (1) a court of competent jurisdiction sets aside an Assessment against the parcel; (2) the City Council determines the original Assessment is excessive; or (3) on the written advice of counsel, the City Council determines that the original Assessment is invalid. Section 15. Service Plan. In accordance with the requirements of the Act, the five-year service plan for the District projects a total of $72,136.49 for construction costs and $3,000 in administrative and legal costs over the life of the District is as follows: Year Annual Projected Costs Annual Projected Indebtedness 1 $75,136.49 $0.00 2 $0.00 $0.00 3 $0.00 $0.00 4 $0.00 $0.00 5 $0.00 $0.00 Total $75,136.49 $0.00 EXHIBIT D-1 Boundaries South side of West White Street (FM 455): Lot 1 Block A, Anna Market Center, Document Number 20080618010002250 - 6.010 Acres; Lot 2 Block A, Anna Market Center, Document Number 20080618010002250 — 1.289 Acres; Lot 3 Block A, Anna Market Center, Document Number 20080618010002250 —1.184 Acres; Lot 4 Block A, Anna Market Center, Document Number 20080618010002250 — 0.991 Acres; Lot 5 Block A, Anna Market Center, Document Number 20080618010002250 — 1.382 Acres; and: Lot 6 Block A, Anna Market Center, Document Number 20080618010002250 — 1.977 Acres; and The section of FM 455 between the south side described above and the north side described below; and: North side of West White Street (FM 455): Lot 1 Block A, Summer Hill Addition, Document Number 20110124010000170 — 0.63 Acres; Tract 1, Part of Deed Document Number 20071205001623100 -10.70 Acres; Being a tract of land situated in the F.T. Duffau Survey, Abstract Number 288, in the City of Anna, Collin County, Texas, and being part of that 20 acre tract of land described by deed to Anna 455 Commercial, LP. as recorded under Document Number 20071205001623100, Deed Records, of Collin County Texas; said tract being more particularly described by the metes and bounds as follows: COMMENCING from the southeasterly corner of said 20 acre tract, same being in the northerly line of West White Street at a point; THENCE North 86 degrees 48 minutes 33 seconds West a distance of 67.12 feet to a point for corner; THENCE North 88 degrees 43 minutes 33 seconds West a distance of 1.31 feet to a point for corner; THENCE North 01 degrees 16 minutes 27 seconds East a distance of 237.0 feet to a point for corner; THENCE North 88 degrees 43 minutes 33 seconds West a distance of 126.5 feet to a point for corner; THENCE South 01 degrees 16 minutes 27 seconds West a distance of 237.0 feet to a point for corner; THENCE North 88 degrees 43 minutes 33 seconds West a distance of 483.04 feet to a point for corner; THENCE North 01 degrees 06 minutes 52 seconds East a distance of 727.04 feet to a point for corner; THENCE South 88 degrees 53 minutes 08 seconds East a distance of 680.21 feet to a point for corner; THENCE South 00 degrees 47 minutes 01 seconds West a distance of 554.40 feet to a point for corner; THENCE South 02 degrees 53 minutes 27 seconds West a distance of 176.87 feet to the POINT OF BEGINNING and containing 10.70 acres of Land More or less; and Tract 2, Part of the remainder of 157.844 Acres in Vol. 3346, Pg. 764 Described in Vol. 736, Pg 589 — 9.15 Acres; Being a tract of land situated in the F.T. Duffau Survey, Abstract Number 288, in the City of Anna, Collin County, Texas, and being part of 157.844 acre tract of land conveyed to Rudman Partnership, by deed as recorded in Volume 3346, Page 764, Deed Records, of Collin County Texas; said tract being more particularly described by the metes and bounds as follows: COMMENCING from a point that bears South 00 degrees 45 minutes 31 seconds West a distance of 24.78 feet from the southwest corner of lot 32 block A of the Settlers' Way Addition in the city of Anna according to the plat recorded in Cabinet "P", Page 967 of the Official Public Records of Collin County Texas to the POINT OF BEGINNING; THENCE North 87 degrees 23 minutes 30 seconds West a distance of 329.73 feet to a point for corner; THENCE North 01 degrees 05 minutes 29 seconds East a distance of 220.49 feet to a point for corner; THENCE South 78 degrees 01 minutes 29 seconds West a distance of 154.18 feet to a point for corner; THENCE South 03 degrees 07 minutes 29 seconds West a distance of 180.84 feet to a point for corner; THENCE North 86 degrees 48 minutes 33 seconds West a distance of 99.72 feet to a point for corner; THENCE North 02 degrees 53 minutes 27 seconds East a distance of 176.87 feet to a point for corner; THENCE North 00 degrees 47 minutes 01 seconds East a distance of 554.40 feet to a point for corner; THENCE South 88 degrees 53 minutes 08 seconds East a distance of 578.95 feet to a point for corner; THENCE South 00 degrees 45 minutes 31 seconds West a distance of 748.24 feet to the POINT OF BEGINNING and containing 9.15 acres of Land More or less. Exhibit D-2 FM 455 Median Break Public Improvement District ("District') Improvements — Design and construction of a median break on Farm to Market Road 455 within the District. Estimated Costs of Improvements — The estimated costs of the improvements, including financing, if any, total $72,136.49 for construction and $3,000 in administrative and legal costs over the life of the District, which amounts may be modified to conform to actual expenses. A total of 100% of such actual costs of the improvements shall be paid by assessment of the property owners within the proposed Public Improvement District. The City will initially fund the total costs of the improvements, with said costs being reimbursed to the City through the assessments levied on the owners in the District. Exhibit D-3 Initial Assessment Roll - FM 455 Median Break Public Improvement District District properties, south of FM 455: District properties, north side of FM 455: Property Owner Acreage Description Assessment Anna Market 4.543 Lots 3, 5, 6, Block A, $13,302.92 Center, Ltd. (197,893.08 Anna Market Center sq. ft.) Addition Independent 1.289 Lot 2, Block A, Anna $3,771.85 Bank (56,148.84 Market Center Addition The Rudman sq. ft.) Tract 2 $16,781.73 Brookshire 6.01 Lot 1, Block, A, Anna $17,593.21 Grocery (261,795.60 Market Center Addition Company sq. ft.) LBS Partners, 0.991 (43,167.96 Lot 4, BlockAnna $2,900.27 Inc. sq. ft.) Market Centerer Addition District properties, north side of FM 455: Property Owner Acreage Description Assessment Kwik Kar 0.63 Lot 1, Block A, Summer $1,157.10 (27,442.80 Hill Addition sq. ft.) Anna 455 10.7 (466,092 Tract 1 $19,629.41 Commercial sq. ft.) The Rudman 9.15 (398,574 Tract 2 $16,781.73 Partners (sq. ft.) EXHIBIT E NOTICE OF PUBLIC HEARING AND INTENTION TO CONSIDER PROPOSED ASSESSMENTS FOR FM 455 MEDIAN BREAK PUBLIC IMPROVEMENT DISTRICT BY CITY OF ANNA, TEXAS On April 24, 2012 at 7:30 p.m. at the Anna City Hall Administration Building, 111 N. Powell Parkway, Anna, Texas, the City Council of the City of Anna, Texas, shall conduct a public hearing to consider levying assessments on the property within the FM 455 Median Break Public Improvement District ("District') for design and construction of a median break on FM 455 to benefit the District at the estimated total construction cost of $70,874.84 and $3,000 in administrative/legal expenses. Written and oral objections will be considered at the hearing. Legal Description of District: South side of West White Street (FM 455): Lot 1 Block A, Anna Market Center, Document Number 20080618010002250 - 6.010 Acres; Lot 2 Block A, Anna Market Center, Document Number 20080618010002250 — 1.289 Acres; Lot 3 Block A, Anna Market Center, Document Number 20080618010002250 — 1.184 Acres; Lot 4 Block A, Anna Market Center, Document Number 20080618010002250 — 0.991 Acres; Lot 5 Block A, Anna Market Center, Document Number 20080618010002250 —1.382 Acres; and: Lot 6 Block A, Anna Market Center, Document Number 20080618010002250 — 1.977 Acres; and The section of FM 455 between the south side described above and the north side described below; and: North side of West White Street (FM 455): Lot 1 Block A, Summer Hill Addition, Document Number 20110124010000170 — 0.63 Acres; Tract 1, Part of Deed Document Number 20071205001623100 -10.70 Acres; Being a tract of land situated in the F.T. Duffau Survey, Abstract Number 288, in the City of Anna, Collin County, Texas, and being part of that 20 acre tract of land described by deed to Anna 455 Commercial, LP. as recorded under Document Number 20071205001623100, Deed Records, of Collin County Texas; said tract being more particularly described by the metes and bounds as follows: COMMENCING from the southeasterly corner of said 20 acre tract, same being in the northerly line of West White Street at a point; THENCE North 86 degrees 48 minutes 33 seconds West a distance of 67.12 feet to a point for corner; THENCE North 88 degrees 43 minutes 33 seconds West a distance of 1.31 feet to a point for corner; THENCE North 01 degrees 16 minutes 27 seconds East a distance of 237.0 feet to a point for corner; THENCE North 88 degrees 43 minutes 33 seconds West a distance of 126.5 feet to a point for corner; THENCE South 01 degrees 16 minutes 27 seconds West a distance of 237.0 feet to a point for corner; THENCE North 88 degrees 43 minutes 33 seconds West a distance of 483.04 feet to a point for corner; THENCE North 01 degrees 06 minutes 52 seconds East a distance of 727.04 feet to a point for corner; THENCE South 88 degrees 53 minutes 08 seconds East a distance of 680.21 feet to a point for corner; THENCE South 00 degrees 47 minutes 01 seconds West a distance of 554.40 feet to a point for corner; THENCE South 02 degrees 53 minutes 27 seconds West a distance of 176.87 feet to the POINT OF BEGINNING and containing 10.70 acres of Land More or less; and Tract 2, Part of the remainder of 157.844 Acres in Vol. 3346, Pg. 764 Described in Vol. 736, Pg 589 — 9.15 Acres; Being a tract of land situated in the F.T. Duffau Survey, Abstract Number 288, in the City of Anna, Collin County, Texas, and being part of 157.844 acre tract of land conveyed to Rudman Partnership, by deed as recorded in Volume 3346, Page 764, Deed Records, of Collin County Texas; said tract being more particularly described by the metes and bounds as follows: COMMENCING from a point that bears South 00 degrees 45 minutes 31 seconds West a distance of 24.78 feet from the southwest corner of lot 32 block A of the Settlers' Way Addition in the city of Anna according to the plat recorded in Cabinet "P", Page 967 of the Official Public Records of Collin County Texas to the POINT OF BEGINNING; THENCE North 87 degrees 23 minutes 30 seconds West a distance of 329.73 feet to a point for corner; THENCE North 01 degrees 05 minutes 29 seconds East a distance of 220.49 feet to a point for corner; THENCE South 78 degrees 01 minutes 29 seconds West a distance of 154.18 feet to a point for corner; THENCE South 03 degrees 07 minutes 29 seconds West a distance of 180.84 feet to a point for corner; THENCE North 86 degrees 48 minutes 33 seconds West a distance of 99.72 feet to a point for corner; THENCE North 02 degrees 53 minutes 27 seconds East a distance of 176.87 feet to a point for corner; THENCE North 00 degrees 47 minutes 01 seconds East a distance of 554.40 feet to a point for corner; THENCE South 88 degrees 53 minutes 08 seconds East a distance of 578.95 feet to a point for corner; THENCE South 00 degrees 45 minutes 31 seconds West a distance of 748.24 feet to the POINT OF BEGINNING and containing 9.15 acres of Land More or less.