HomeMy WebLinkAboutRes 2022-05-1183 Serenity at the Square Development AgreementCITY OF ANNA, TEXAS
RESOLUTION NO, 07M-Q5-//�
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A DEVELOPMENT
AGREEMENT WITH ANNA TOWN SQUARE PARTNERS I, LLC, RELATING TO
DEVELOPMENT AND DESIGN REGULATIONS FOR COMMERCIAL AND MULTIPLE -
FAMILY RESIDENCE DEVELOPMENT GENERALLY LOCATED AT THE
NORTHEAST CORNER OF FINLEY BOULEVARD AND SHARP STREET.
WHEREAS, Anna Town Square Partners I, LLC is the Property Owner of real estate generally
located at the northeast corner of Finley Boulevard and Sharp Street; and
WHEREAS, Property Owners desire to amend the zoning for the subject property to allow
a commercial and multiple -family residence development; and
WHEREAS, Property Owner has agreed to development and design regulations should
the City approve rezoning 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
The City Council hereby approves the Development Agreement with Anna Town Square
Partners I, LLC attached hereto as Exhibit A, and ratifies and approves the City Manager's
execution of the same. The City Manager is hereby authorized to execute all documents
and take all other actions necessary to finalize, act under and enforce the Agreement.
PASSED by the City Council of the City of Anna, Texas, on this 24th day of May 2022.
ATTESTED: APPRO •
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Carrie L. Land, City Secretary oQeq Miller, Mayor Pro Tern 0
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DEVELOPMENT AGREEMENT
This Development Agreement (this "Agreement") is entered effective as of May 24,
2022 ("Effective Date") between and among the City of Anna, Texas, a Texas home -rule
municipality ("City") and Anna Town Square Partners I, LLC ("Owner") as follows:
RECITALS
WHEREAS, the Owner is the sole owner of 11.0± acres of real property depicted on Exhibit 1
(the "Property"); and,
WHEREAS, the Property is subject to City Regulations, including without limitation the City's
zoning regulations; and,
WHEREAS, the current zoning classification of the Property is Planned Development (Ord. No.
129-2004 & Ord. No. 691-2015) (the "Original Zoning Classification"); and,
WHEREAS, the Owner has applied to rezone the Property and modify the Planned
Development zoning district to allow for commercial and multiple -family residences with
modified development standards (the "Zoning Change"); and,
WHEREAS, the City's Planning &Zoning Commission and City Council have given the
requisite notices by publication and otherwise and have scheduled public hearings with respect
to the rezoning of the Property as required by law; and,
WHEREAS, in the event that the Property is rezoned, the City and Owner desire to enter into
a development agreement to establish development and design regulations to ensure that
future commercial and multi -family residence development is appropriate for the area and fits
in well with adjacent properties; and,
WHEREAS, it is the Parties' mutual intent that this agreement shall govern only the subject
matter specifically set forth herein and shall supersede City Regulations only to the extent that
any such City Regulations directly conflict with the terms of this development agreement; and,
NOW, THEREFORE, in consideration of the above recitals and the mutual consideration as
reflected in the covenants, duties and obligations contained herein, the sufficiency of which is
hereby acknowledged, the Parties hereto agree as follows, effective as of the Effective Date:
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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 development agreement and said recitals constitute representations by
Owner and the City.
SECTION 2. DEVELOPMENT STANDARDS !BUILDING MATERIALS.
A. Development and use of the Property, including, without limitation, the construction,
installation, maintenance, repair, and replacement of all buildings and all other
improvements and facilities of any kind whatsoever on and within the Property, shall be
in compliance with City Regulations unless expressly stated to the contrary in this
Agreement or shown in Exhibit 1. City Regulations shall apply to the development and
use of the Property unless expressly set forth to the contrary in this Agreement. It is
expressly understood and the Parties agree that City Regulations applicable to the
Property and its use and development include but are not limited to City Code provisions,
ordinances, design standards, uniform codes, zoning regulations not affected by this
Agreement, and other policies duly adopted by the City including without limitation any
such regulations or requirements that were affected by the passage of Texas H.B. 24395
86(R), codified as Chapter 3000 of the Texas Government Code ("Materials and Methods
Regulations"), which are collectively incorporated herein as if set forth in full for all
purposes; provided, however, to the extent of any conflict between the requirements of
Materials and Methods Regulations and the requirements of this Agreement, this
Agreement shall control. For purposes of this Agreement, "City Regulations" mean the
City's applicable development regulations in effect on the Effective Date, including without
limitation City Code provisions, ordinances (including, without limitation, all development
fees), design standards, and other policies duly adopted by the City; provided, however,
that as it relates to public infrastructure for any given phase of the Project, the applicable
construction standards (including, without limitation, uniform building codes) shall be
those that the City has duly adopted at the time of the filing of an application for a
preliminary plat for that phase unless construction has not commenced within four years
of approval of such preliminary plat in which case the construction standards shall be
those that the City has duly adopted at the time that construction commences.
B. With respect to all structures/development within the PD Zoning District, Owner agrees
to comply and/or to cause all other persons or entities to comply and any other successors
or assigns to comply with all City Regulations and with the masonry material requirements
and all other requirements of the Anna City Code of Ordinances, Article 9,04 Zoning
Ordinance, Section 9.04.034 Supplementary District Regulations, Subsection (e)
Architectural Design Standards, which are incorporated herein as if set forth in full for all
purposes, and with the following standards (in the event of any conflict, the following listed
standards shall govern). Notwithstanding the foregoing, a Subsequent Owner upon a
Closing (as hereinafter defined) must agree in writing to assume Owner's responsibilities
set forth herein; provided, however, that if for any reason a Subsequent owner does not
agree in writing to assume Owner's responsibilities set forth herein, said Subsequent
Owner shall be deemed to have assumed Owner's said responsibilities as relates to the
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interest acquired by the Subsequent Owner. For purposes of this Agreement the term
'Subsequent Owner" means any person or entity that acquires all or any part of the
Property from Owner or Owner's successor in title to the Property or any part thereof.
Multiple -Family Residence Buildings
A. All three and four story multi family residence buildings and structures shall have at
least fifty percent (50%), for the first three (3) stories of the total exterior walls that are
externally facing within the project (i.e., facing any public Right -of -Ways) above grade
level, excluding doors and windows, and recessed balcony areas (should be allowed
as plane break), constructed of masonry (brick, stone, pre -cast stone, and other similar
veneer material) or Stucco materials with no more than fifty (50%) consisting of
cementitious siding (Hardie products).
B. Two-story urban flat buildings shall have at least fifty percent (50%) of the total exterior
wall above grade level, excluding doors and windows, and recessed balcony areas
(should be allowed as plane break), constructed of masonry (brick, stone, pre -cast
stone, and other similar veneer material) or Stucco materials with no more than fifty
percent (50%) consisting of cementitious siding (Hardie products). This only applies to
the exterior walls that are directly facing single family residential lots and only the
exterior wall facing Finely Road and Sharp Street,
C. Roofing materials for buildings and structures must be architectural roof shingles or
other types of roofing material that are customarily used for similar type of multi -family
buildings by way of an example (i.e., asphalt, slate, metal, concrete, clay, terra cotta,
wood, etc.), said roofing materials shall be accompanied with a minimum 20-year
warranty. Under no circumstances shalt three -tab shingles be used as roofing material.
D. Accessory buildings shall use similar building and roofing materials as those used on
the primary buildings.
E. A covered entry area shall be designed at only one entry within each building, at
Owner's sole discretion.
F. A minimum of 50% of all units must have one of the following design features:
1) faux balcony on second and third floors and shall only be applicable for interior
facing units or patio on first floor of the building to create outdoor living space.
G. Four architectural design features are required on facades facing public streets, parking
and common areas. Acceptable architectural design features may include but are not
limited to:
1) Articulation of building facade,
2) Extensions to the building through bay or box windows, and other similar
features projecting out from the facade,
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3) A horizontal change in building materials between stories of a building,
4) Variation in building materials between vertical intervals,
5) Variations in window placement,
6) Architectural features such as shutters, awnings, dormers, chimneys, decorative
moldings or ornamental details, and
7) Roof height, pitch, ridgelines and materials shall be varied to create visual
interest and avoid repetition.
SECTION 3. NOTICES.
Any and all notices required to be given by either of the parties hereto must be in writing and
will be deemed delivered upon personal service, if hand -delivered, or when mailed in the
United States mail, certified, return receipt requested, addressed as follows:
To City: City Manager
City of Anna
111 North Powell Parkway
PO Box 776
Anna, Texas 75409
To Owner: Anna Town Square Partners I, LLC
c/o Farus Farmanali
13861 Adare Manor Lane
Frisco, TX 75035
With a copy via email and facsimile to:
The Bazleh Law Firm, P.C.
Attn: Zheila Bazleh Holloway
Three Galleria Tower
13155 Noel Road, Suite 900
Dallas, Texas 75240
Facsimile: 972-360-3974
Email: zbazleh(o)bazlehlaw.com
SECTION 4. DEADLINES, MODIFICATIONS OR TERMINATION.
A. This Agreement may only be modified and/or terminated as follows: (a) by mutual
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written agreement of the City and Owner or, after a Closing (as hereinafter defined), by
a Subsequent Owner instead of Owner; and/or (b) unilaterally by City upon default of
the Owner or Subsequent Owner that continues beyond all written notice and cure
periods provided in Section 5. Notwithstanding the foregoing or any other provision of
this Agreement, this Agreement shall terminate and be null and void if the City does
not approve the Zoning Change on or before the 24th day of May 2022, The parties
acknowledge and agree that the rezoning of the Property is a legislative act and that
this Agreement does not bind the City Council to approve any proposed rezoning of the
Property.
B. Owner or any Subsequent Owner shall be obligated under this Agreement to timely
meet the following deadlines:
1. Within 180 days after City Council approval of the Zoning Change, Owner will
have submitted a preliminary plat (showing proposed easements, fire lanes and
utilities for the multi -family development), and preliminary civil plans of the
Property.
2. Within 180 days after the City has approved the Preliminary Plat, Owner shall
have submitted a site plan, landscaping plan, lighting plan, final plat (showing
easements, fire lanes and utilities for the multi -family development), and civil
plans.
3. A preconstruction meeting between Owner and City staff shall occur within
twenty-four calendar months of final approval of the civil plans.
4. Site construction pursuant to final approved civil plans must commence within
60 days after the preconstruction meeting.
5. Owner must submit plans and specifications for the buildings and other
improvements not part of the civil plans (the "Building Plans") no later than
twenty-four calendar months after civil plans are approved by the City. After the
last to occur of (a) approval of the Building Plans by the City of Anna, (b)
completion of all construction pursuant to civil plans, (c) acceptance of all civil
construction and public improvements by the City of Anna, and (d) recordation
of the multi -family development final replat, Owner must submit an application
for a building permit within 60 days thereafter (including without limitation the
payment of all fees due to the City as required to develop the Property).
6. Recordation in the Official Records of Collin County, Texas of multifamily
development final plat must occur within 420 days of commencement of site
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construction.
7. Vertical construction pursuant to the Building Plans for approved structures must
commence within 120 days after the later to occur of the recordation of final
multi -family development plat and obtaining a building permit.
C. Not by way of limitation as to other material terms and conditions, the deadlines stated
above are material terms and conditions of this Agreement and any failure to meet any
of the deadlines above (each, a "Deadline Default") is a material default under this
Agreement and shall be subject to the remedies provided in Section 5 below. In
addition, a Deadline Default shall not be deemed to have occurred if such delays are
due to the City or due to Force Majeure events,
D. Lender Delays. The City acknowledges that the Owner will be undergoing a financing
application process with various Lenders in relation to the development the Property
and its improvements. The City represents that it shall work in good faith to adjust this
Agreement as needed to comply with reasonable terms required by the Lender. In
addition, the City acknowledges that there may be delays in the construction timeline
due to the Lender application process. Accordingly, in the event of any delays by the
Owner in the timelines set forth in Section 4(B) (or any other timelines set forth in this
Agreement), if such delays are due to the Lender or the Lender application process,
the City shall provide Owner with an additional grace period of up to two (2) years
before any Deadline Default or other form of default shall be triggered.
SECTION 5. DEFAULT.
If Owner, its heirs, successors or assigns or any Subsequent Owner of the Property or any part
thereof fails to comply with any of the material terms and conditions included in this Agreement
(such defaulting owner referenced herein as "Defaulting Owner"), the City will have the following
non-exclusive and cumulative remedies.
A. Withholding of utilities or withholding or revocation of permits and other approvals
required for development and use of the portion of the Property that is the subject of
the default (but no other portions of the Property) including without limitation building
permits and certificates of occupancy until all defaults have been reasonably cured.
B. The non -defaulting party will additionally have any and all remedies, including without
limitation injunctive and specific performance, available to it at equity or in law (but
expressly excluding (i) special, consequential, or punitive damages, or (ii) lost profit or
lost revenue damages.
Notwithstanding the foregoing, a Defaulting Owner shall not be liable for the remedies under
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this section unless there is a breach of any material term or condition of this Agreement and
such breach remains uncured after forty-five (45) calendar days following receipt of written
notice from the City provided in accordance with this Agreement describing said breach in
reasonable detail (or, if the cure of the breach has diligently and continuously been undertaken
but reasonably requires more than forty-five (45) calendar days to cure, then such additional
amount of time as is reasonably necessary to effect the cure, as determined by both Parties
mutually and in good faith but in no event shall such additional period exceed 120 days unless
agreed to in writing by the parties to this Agreement).
SECTION 6. BINDING ON SUCCESSORS, AGREEMENT RUNS WITH THE LAND.
This Agreement will be binding upon and inure to the benefit of the parties' respective
successors, assigns and personal representatives. This Agreement runs with the land and is
binding on all subsequent owners of the Property or any portions thereof. This section shall
be construed liberally to ensure the Parties' intent that this Agreement shall be enforceable
regardless of any change of ownership of or interest in the Property. Notwithstanding anything
to the contrary in this Section 6 or elsewhere in this Agreement, if the Owner or a Subsequent
Owner (the "Transferor") conveys, assigns, or transfers its entire interest in the Property or a
part thereof (the "transferred Property") to a Subsequent Owner (the "Transferee") who
assumes Transferor's obligations under this Agreement with respect to the transferred
Property, the Transferor shall be automatically released from its obligations under this
Agreement relating to the transferred Property subsequent to the date of transfer.
SECTION 7. INDEMNIFICATION AND HOLD HARMLESS.
THE OWNER OR ANY SUBSEQUENT OWNER OF THE PROPERTY IN THE EVENT OF A
CLOSING (THE "INDEMNIFYING PARTY") HEREBY COVENANTS AND AGREES TO
RELEASE DEFEND HOLD HARMLESS AND INDEMNIFY THE CITY AND ITS
OFFICIALS OFFICERS AGENTS SERVANTS AND EMPLOYEES FROM AND AGAINST
ALL THIRD -PARTY CLAIMS SUITS JUDGMENTS DAMAGES AND DEMANDS AGAINST
THE CITY WHETHER REAL OR ASSERTED INCLUDING WITHOUT LIMITATION
REASONABLE ATTORNEY'S FEES RELATED EXPENSES EXPERT WITNESS FEES
CONSULTANT FEES, AND OTHER COSTS (TOGETHER "CLAIMS") ARISING OUT OF
THE NEGLIGENCE OR OTHER WILLFUL MISCONDUCT OF THE INDEMNIFYING PARTY
INCLUDING WITHOUT LIMITATION THE NEGLIGENCE OR OTHER WILLFUL
MISCONDUCT OF ANY OF ITS EMPLOYEES CONTRACTORS SUBCONTRACTORS
MATERIAL MEN AND AGENTS IN CONNECTION WITH THE DESIGN OR
CONSTRUCTION OF ANY PUBLIC INFRASTRUCTURE STRUCTURES OR OTHER
FACILITIES OR IMPROVEMENTS THAT ARE REQUIRED OR PERMITTED UNDER THIS
AGREEMENT AND/OR CITY REGULATIONS AND/OR ANY APPLICABLE DEVELOPMENT
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STANDARDS AND/OR ANY OTHER GOVERNING REGULATIONS; AND IT IS
EXPRESSLY UNDERSTOOD THAT SUCH CLAIMS SHALL EXCEPT AS MODIFIED
BELOW INCLUDE CLAIMS EVEN IF CAUSED BY THE CITY'S OWN CONCURRENT
NEGLIGENCE SUBJECT TO THE TERMS OF THIS SECTION THE INDEMNIFYING
PARTY SHALL NOT HOWEVER BE REQUIRED TO INDEMNIFY THE CITY AGAINST
CLAIMS CAUSED BY THE CITY'S SOLE NEGLIGENCE OR BY THE CITY'S WILLFUL
MISCONDUCT OR GROSS NEGLIGENCE, IF THE CITY INCURS CLAIMS THAT ARE
CAUSED BY THE CONCURRENT NEGLIGENCE OF THE INDEMNIFYING PARTY AND
THE CITY THE INDEMNIFYING PARTY'S INDEMNITY OBLIGATION WILL BE LIMITED TO
A FRACTION OF THE TOTAL CLAIMS EQUIVALENT TO THE INDEMNIFYING PARTY'S
OWN PERCENTAGE OF RESPONSIBILITY, THE INDEMNIFYING PARTY FURTHER
COVENANTS AND AGREES TO RELEASE DEFEND HOLD HARMLESS AND
INDEMNIFY THE CITY AGAINST ANY AND ALL CLAIMS BY ANY PERSON CLAIMING AN
OWNERSHIP INTEREST IN THE PROPERTY AS OF THE EFFECTIVE DATE WHO HAS
NOT SIGNED THIS AGREEMENT IF SUCH CLAIMS RELATE IN ANY MANNER OR ARISE
IN CONNECTION WITH: (1) THE CITY'S RELIANCE UPON ANY OF THE INDEMNIFYING
PARTIES' REPRESENTATIONS IN THIS AGREEMENT; (2) THIS AGREEMENT OR
OWNERSHIP OF THE PROPERTY: OR (3) THE CITY'S APPROVAL OF ANY TYPE OF
DEVELOPMENT APPLICATION OR SUBMISSION WITH RESPECT TO THE PROPERTY.
At no time shall the City have any control over or charge of the design, construction or
installation of any of the improvements to the Property or related work or undertakings, nor
the means, methods, techniques, sequences or procedures utilized for the design,
construction or installation related to same. This Agreement does not create a joint enterprise
or venture between the City and any of the Indemnified Parties. This section shall survive the
termination of this Agreement.
SECTION 8. RECORDATION.
This document, including all Exhibits, may be recorded in the Official Records of Collin
County, Texas.
SECTION 9. ENTIRE AGREEMENT.
This Agreement is the entire agreement of the parties regarding the subject matter
hereto.
SECTION 10. RECITALS AND EXHIBITS.
The recitals herein and exhibits attached hereto are hereby incorporated by reference.
SECTION 11. AUTHORITY.
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Owner represents and warrants to the City that the Owner owns the Property and that this
Agreement is binding and enforceable on the Property. Owner may sell the Property or a part
thereof to a person or entity (the "Closing") prior to commencement of site construction on the
property sold, and in such event the Subsequent Owner shall be required to acknowledge and
assume all obligations, liabilities and indemnifications under this Agreement.
SECTION 12. INVALID PROVISIONS.
If any
provision
of this Agreement is
held not valid, such provision
will be deemed to be excised
there
from and
the invalidity thereof
will not affect any of the other
provisions contained herein.
SECTION 13. ESTOPPEL.
On or before 15 days after receipt of a written request from an owner of the Property that
desires to transfer its interest in the Property or borrow money secured by a mortgage or
deed of trust against the Property or a prospective transferee of an owner's interest or an
existing or prospective mortgagee, the City will execute and deliver an estoppel certificate
stating that, to the best of the City's knowledge: (i) the transferring or borrowing owner is
not in default under this Agreement; and (ii) this Agreement is in full force and effect and
whether there are any amendments thereto.
SECTION 14. FORCE MAJEURE.
Whenever a period of time is prescribed in this Agreement for a Party (the "Acting Party°) to take
an action (other than a payment obligation), the Acting Party will not be liable or responsible for,
and there will be excluded from the computation of any such time period, the period of time (the
"Force Majeure Period") of delays caused by strikes, riots, acts of God, pandemic, enemy action,
shortages of labor or materials, war, acts of terrorism, flood, fire, explosion, unavoidable
casualty, or any other causes that are beyond the reasonable control of the Acting Party or any
of its employees, agents, or contractors, but not any economic hardship, changes in market
conditions, and insufficiency of funds ("Force•Maieure"). However, a date will only be extended
by a Force Majeure Period if the Acting Party gives notice to the other Party of the occurrence
or commencement of the event that constitutes Force Majeure within ten days after the Acting
Party knows of the existence or commencement of such event, and claims (in such notice) that
such event constitutes Force Majeure, A Party that has claimed the right to temporarily suspend
its performance under this section shall provide written reports to the other Party at least once
every week detailing: (i) the extent to which the force majeure event or circumstance continue
to prevent the Party Is performance; (ii) all of the measures being employed to regain the ability
to perform; and (iii) the projected date upon which the Party will be able to resume performance,
which projected date the Parties agree and acknowledge is only an estimate and not a binding
commitment by the Party claiming force majeure.
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SECTION 15. EFFECTIVE DATE.
This Agreement will be effective upon the Effective Date first stated herein.
[signature page follows]
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CITY OF ANNA
By:
roce, City Manager
ESS WHEREOF:
S'�(TE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned notary public, on the . W day of May 2022, appeared Jim Proce,
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,
.;i•"• • ti ; CARRIE L, LAND
My Notary ID Of 11419404
Notary Public, State of Texas ftto`�+` EresFebruary 4,2o23
expi
Anna Town Square Partners I, LLC
By: 1t\
Farus Farmanali
IN WITNESS WHEREOF:
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersi ned nota � g ry public, on the 2`^(t day of May 2022, appeared Faros
Farmanali known to me (or proved to me) to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me and verified under oath that he/she executed the
same in his/her capacity as Manager,
Notary Pu
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EXHIBIT " I
DEPICTION OF THE PROPERTY
TRACT It
BEING 9.919 acres (432,049 square feet) of land in the Granderson Stark Survey, Abstract
Number 798, City of Anna, Collin County, Texas; said 9.919 acres (432,049 square feet) of
land being a portion of that certain tract of land described in a Special Warranty Deed with
Vendor's Lien to Anna Town Center Mixed Use LLC (hereinafter referred to as Anna Town
Center Mixed Use tract), as recorded in Instrument Number 20150317000291340, Official
Public Records, Collin County, Texas (O.P.R.C.C.T.); said 9.919 acres (432,049 square feet) of
land being more particularly described, by metes and bounds, as follows:
BEGINNING at afive-eighths inch iron rod with plastic cap stamped "RPLS 4838" found for the
intersection of the existing Easterly right-of-way line of Finley Boulevard (80' right-of-way), as
recorded in Instrument Number 20180907010004210, O.P.R.C.C.T. with the existing North
right-of-way line of Sharp Street (60' right-of-way), as recorded in Instrument Number
20161110010004610, O.P.R.C.C.T., same being the beginning of a curve to the left, whose
long chord bears North 38 degrees 29 minutes 46 seconds East, a distance of 227.16 feet;
THENCE Northeasterly with the common line between the remainder of said Anna Town
Center Mixed Use tract and the existing Easterly right-of-way line of said Finley Boulevard and
with said curve to the left having a radius of 900.00 feet, through a central angle of 14
degrees 30 minutes 01 second, for an arc distance of 227.77 feet to a five -eighths inch iron
rod with plastic cap stamped "RPLS 4838" found for corner;
THENCE North 31 degrees 18 minutes 05 seconds East, continue with the common line
between the remainder of said Anna Town Center Mixed Use tract and the existing Easterly
right-of-way line of said Finley Boulevard, a distance of 413.64 feet to a five -eighths inch iron
rod with plastic cap stamped "RPLS 4838" found for corner;
THENCE crossing said Anna Town Center Mixed Use tract for the following 3 courses;
1. South 47 degrees 41 minutes 56 seconds East, departing the existing Easterly right -
of way line of said Finley Boulevard, a distance of 415.17 feet to a five eighths inch iron
rod with plastic cap stamped "RPLS 4838" set for corner, same being the beginning of a
curve to the left, whose long chord bears South 64 degrees 55 minutes 07 seconds
East, a distance of 381.89 feet;
2. Southeasterly with said curve to the left having a radius of 645.00 feet, through a
central angle of 34 degrees 26 minutes 22 seconds, for an arc distance of 387.70 feet
to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for corner;
3. South 82 degrees 08 minutes 18 seconds East, a distance of 69.20 feet to a five-
eighths inch iron rod with plastic cap stamped "RPLS 4838" set for corner, same being
the East line of said Anna Town Center Mixed Use tract;
THENCE South 00 degrees 34 minutes 03 seconds West with the common line between said
Anna Town Center Mixed Use tract and the remainder of that certain tract of land described in
a deed to Anna Town Center No. 4 / SHRP, Ltd. (hereinafter referred to as Anna Town Center
No. 4 / SHRP tract), as recorded in Volume 5631, Page 2600, O.P.R.C.C.T., a distance of
260.19 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for corner
in the existing North right-of-way line of said Sharp Street;
THENCE North 89 degrees 26 minutes 52 seconds West with the common line between the
remainder of said Anna Town Center Mixed Use tract and the existing North right-of-way line
of said Sharp Street, a distance of 671.70 feet to a five -eighths inch iron rod with plastic cap
stamped "RPLS 4838" set for corner, the beginning of a curve to the right, whose long chord
bears North 67 degrees 16 minutes 32 seconds West, a distance of 429.95 feet;
THENCE Westerly, continue with the common line between the remainder of said Anna Town
Center Mixed Use tract and the existing North right-of-way line of said Sharp Street and with
said curve to the right having a radius of 570.00 feet, through a central angle of 44 degrees
18 minutes 51 seconds, for an arc distance of 440.85 feet to a five -eighths inch iron rod with
plastic cap stamped "RPLS 4838" set for corner;
THENCE North 44 degrees 15 minutes 13 seconds West, continue with the common line
between the remainder of said Anna Town Center Mixed Use tract and the existing North
right-of-way line of said Sharp Street, a distance of 10.00 feet to the PLACE OF BEGINNING,
and containing a calculated area of 9.919 acres (432,049 square feet) of land.
TRACT #2
BEING 1.096 acres (47,734 square feet) of land in the Granderson Stark Survey, Abstract
Number 798, City of Anna, Collin County, Texas; said 1.096 acres (47,734 square feet) of land
being a portion of that certain tract of land described in a deed to Anna Town Center No. 4 /
SHRP, Ltd. (hereinafter referred to as Anna Town Center No. 4 / SHRP tract), as recorded in
Volume 5631, Page 2600, Official Public Records, Collin County, Texas (O.P.R.C.C.T.); said
1.096 acres (47,734 square feet) of land being more particularly described, by metes and
bounds, as follows:
BEGINNING at afive-eighths inch iron rod with plastic can stamped "RPLS 4838" found for the
Southwest corner of that certain tract of land described in a deed to Pacesetter Homes, LLC
(herein after referred to as Pacesetter Homes tract), as recorded Instrument Number
20180525000644710, O.P.R.C.C.T., same being the existing Northerly right-of-way line of
Sharp Street (80' right-of-way), as recorded in Instrument Number 20161110010004610,
O.P.R.C.C.T., same also being the beginning of a curve to the right, whose long chord bears
South 88 degrees 21 minutes 48 seconds West, a distance of 36.15 feet;
THENCE Westerly with the common line between the remainder of said Anna Town Center No.
4 / SHRP tract and the existing Northerly right-of-way line of said Sharp Street and with said
curve to the right having a radius of 470.00 feet, through a central angle of 4 degrees 24
minutes 29 seconds, for an arc distance of 36.16 feet to a five -eighths inch iron rod with
plastic cap stamped "RPLS 4838" for corner;
THENCE North 89 degrees 25 minutes 58 seconds West, continue with the common line
between the remainder of said Anna Town Center No. 4 / SHRP tract and the existing
Northerly right-of-way line of said Sharp Street, a distance of 156.53 feet to a five -eighths inch
iron rod with plastic cap stamped "RPLS 4838" set for corner, same being the Southerly
Southeast corner of that certain tract of land described in a Special Warranty Deed with
Vendor's Lien to Anna Town Center Mixed Use LLC (hereinafter referred to as Anna Town
Center Mixed Use tract), as recorded in Instrument Number 20150317000291340,
O.P.R.C.C.T.;
THENCE North 00 degrees 34 minutes 03 second East, departing the existing Northerly right-
of-way line of said Sharp Street and with the common line between the remainder of said
Anna Town Center No. 4 / SHRP tract and said Anna Town Center Mixed Use tract, a distance
of 260.19 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for
corner;
THENCE South 82 degrees 08 minutes 18 seconds East, departing the Easterly line of said
Anna Town Center Mixed Use tract and crossing said Anna Town Center No. 4 / SHRP tract, a
distance of 194.22 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838"
set for corner in the West line of the aforesaid Pacesetter Homes tract;
THENCE South 00 degrees 34 minutes 03 seconds West with the common line between the
remainder of said Anna Town Center No. 4 / SHRP tract and said Pacesetter Homes tract, a
distance of 234.14 feet to the PLACE OF BEGINNING, and containing a calculated area of
1.096 acres (47,734 square feet) of land.