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HomeMy WebLinkAboutRes 2022-05-1175 Anna 1340 Holding DA (District Community)CITY OF ANNA, TEXAS RESOLUTION NO. a_&*0.5-' 1i75 A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A DEVELOPMENT AGREEMENT WITH ANNA 1340 HOLDINGS, LLC, RELATING TO DEVELOPMENT AND DESIGN REGULATIONS FOR MULTIPLE -FAMILY RESIDENCE DEVELOPMENT GENERALLY LOCATED ON THE SOUTH SIDE OF COUNTY ROAD 1106, 175± FEET EAST OF STATE HIGHWAY 5. WHEREAS, Anna 1340 Holdings, LLC is the Property Owner of real estate generally located on the south side of County Road 1106, 175± feet east of State Highway 5.; and WHEREAS, Property Owners desire to amend the zoning for the subject property to allow a 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 1340 Holdings, LLC attached hereto as Exhibit A, and raes 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: Carrie L. Land, City Secretary �N�te ike, Mayor 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 Anna1340 Holdings, LLC ("Owner") as follows: WHEREAS, the Property, as described in Exhibit 1 and depicted on Exhibit 2 (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 SF-E Single -Family Residential — Large Lot (SF-E) (the "Original Zoning Classification"); and, WHEREAS, the Owner has applied to rezone the Property to allow for Planned Development- MF-1 Multiple -Family Residential Medium Density (PD-MF-1) to allow for multiple -family residence on one lot 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 multiple -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 speccally 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: SECTI®.IV,1, R�CIT�LS. INC0�2POF�AT�L�. 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. A. Development and use %J the Properly, 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. 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. 2439, 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 two 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-MF-1 Zoning District, Owner agrees to comply and/or to cause ail 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. 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. 2�Page A. Except as noted below, the exterior walls (excluding windows and doors) on the first -floor front elevation of any structure shall be 70 percent masonry and 50 percent on the second - floor front elevation. The total cumulative surface area of the remaining exterior walls (excluding windows and doors) shall be 40 percent masonry. The masonry standards that apply to the front elevation of any residence building as described in subsection A above shall also apply to any exterior walls on any residence buildings that are adjacent to and face a travel way (i.e., fire lane). C. A maximum ofi 10 percent of any exposed and finish system (EIFS). exterior wall may consist of exterior insulation D. Second floor Dutch gable roof elements are not required to be masonry if set back at least 3 feet from the first -floor front elevation vertical plane. E. The masonry standards that apply to the front elevation of any residence building structure as described in subsection (A) above shall also apply to any exterior walls on a structure that are: (i) adjacent to and face a public street or fire lane, or (ii) visible from and located immediately adjacent to a public park, reserved open space or neighborhood common area, or an undeveloped flood hazard or drainage area that is also adjacent to a public street. F. Roofing materials of a structure may only consist of architectural asphalt shingles (including laminated dimensional shingles), clay and concrete tile, metal shingles, mineral -surfaced row roofing, slate and slate type shingles, or an equivalent or better product as compared with said materials. Should architectural shingles be used as roofing material, said shingles shall be accompanied with a minimum 25-year warranty. Under no circumstance shall three -tab shingles be used as roofing material. G. Roofs: i. Except for porch roofs and shed roofs, pitched roofs shall have a minimum slope of 6" x 12" (six inches vertical rise for every 12 inches horizontal run) and shall have an overhang at least 1' (one foot) beyond the building wall, however, the overhang shall not encroach into a setback more than one foot. Porch roofs and shed roofs must have a minimum pitch of 4" x 12". ii. Roofing materials in all residential districts may only consist of architectural asphalt shingles (including laminated dimensianal shingles), clay and concrete tile, metal shingles, mineral -surfaced row roofing, slate and slate -type shingles, or better product as compared with said materials. Should architectural shingles be used as roofing material, said shingles shall be accompanied with a minimum 25-year warranty. Under no circumstance shall three -tab shingles be used as roofing material. 3�Page H. Building articulation: At least three (3) facade articulation techniques are required on each unit to add architectural variety and interest to a building. The following features shall be acceptable techniques of exterior articulation. i. Abase course or plinth course; banding, moldings, or stringcourses; quoins; oriels; cornices; arches; brackets; keystones; dormers; louvers as part of the exterior wall construction. (Quoins and banding shall wrap around the corners of the structure for at least two feet. ). ii. Balconies. iii. Bay windows. iv. Masonry chimney(s). v. Double -entry door(s). vi. Covered Entry(ies) vii. The use of both stone and brick on the front elevations with a minimum of ten percent coverage of one of the elements. viii. Front parch of at least 50 square feet. ix. The installation of at least two (2) coach lights. x. Other techniques for building articulation can be substituted if administratively approved by the administrative official. I. Fenestration: Windowless exterior walls that face a travel way or other similar highly visible areas are prohibited. On two-story structures, windows are required on the first and second story facing a travel way. ii. Windows shall be in harmony with and proportionate to the rest of the structure. iii. The use of reflective glass on residential structures is prohibited. Reflective glass will be defined as having a visible light reflectance rating of 15% or greater. 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, ifhand-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 Property Owner: Anna1340 Holdings, LLC 5900 S Lake Forest Drive McKinney, TX 75070 Attno Prithviraj Loganathan A. This Agreement may only be modified and/or terminated as follows: (a) by mutual 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. 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 120 days after City Council approval of the Zoning Change, Owner will have submitted a preliminary plat and tree preservation plan for 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 multiple -family residence development), and civil plans. 3. A preconstruction meeting between Owner and City staff shall occurwithin 90 days of final approval of fihe civil plans. 4. Site construction pursuant to final approved civil plans must commence within 120 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 180 wdays 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 multiple -family residence 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 the multiple -family residence development final plat must occur within 180 days of commencement of site 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 the multi- family residence final plat and obtaining a building permit. C. Nat 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. In addition to all other remedies that the City may enforce under this Agreement or that is available to the City at law or in equity in the event of a Deadline Default, the City may in its sole discretion initiate and pursue a zoning case to change the zoning classification back to the Original Zoning Classification. In the event that the City initiates such a zoning case after a Deadline Default, the Owner shall not oppose the zoning case and shall be deemed to have fully and irrevocably released and waived any claim, cause of action, litigation or other challenge or proceeding to such zoning case on any legal basis or theory whatsoever. 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. 6�Page B. The Defaulting Owner shall be liable to pay to the City the sum of $2,000 for each failure to materially comply with the development standards set forth of this Agreement. The Defaulting Owner shall be liable to pay the City said $2,000 sum per day for each day that such failure to comply occurs. The sums of money to be paid for such failure(s) is not to be considered as a penalty, but shall be deemed, taken and treated as reasonable liquidated damages that accrue per day that such a failure shall exist or occur. The said amounts are fixed and agreed upon by the parties because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the City in such event would sustain; and said amounts are agreed to be the amounts of damages which the City would sustain. In the event of a breach that is not timely cured as set forth below, the sum of liquidated damages shall be calculated to include each and every day of the occurrence of the breach beginning on the date that the City first provided written notice of such breach under this paragraph and the City shall not be required to provide any subsequent written notices as to subsequent dates or times during which such breach is repeated or continues to occur C. The non -defaulting party wil{ additionally have any and all remedies available to it at equity or in law. Notwithstanding the foregoing, a Defaulting Owner shall not be liable for the remedies under 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). 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 7�Page Transferor shall be automatically released from its obligations under this Agreement relating to the transferred Property subsequent to the date of transfer. • r E • .r III• III i III 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 WRONGFUL CONDUCT OF THE INDEMNIFYING PARTY INCLUDING WITHOUT LIMITATION THE NEGLIGENCE OR OTHER WRONGFUL CONDUCT 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 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 ORARISE 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. This document, including all Exhibits, maybe recorded in the Official Records of Catlin County, Texas. This Agreement is the entire agreement of the parties regarding the subject matter hereto. SECTION 10. RECITALS AN® EXF6I�ITS. The recitals herein and exhibits attached hereto are hereby incorporated by reference. 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. 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 45 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: (1) 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. f 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 Maieure 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 Majeure"). 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: (1) the extent to which the force majeure event or circumstance continue to prevent the Party's 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. i This Agreement wilt be efifective upon the Effective Date first stated herein. [signature page follows] 10�Page CITY OF A IINA By: Jiyii'roce, City I�lanager IN WITNESS WHEREOF: STATE OF TEXAS COU[�f OF COLLIN Before me, the undersigned notary public, on the�day ofs, 2022, appeared Jim Proce, known to me (or proved to me) to be the person whose name s subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as City k4anager of the City of Anna, Texas. CABBIE L. LAND My Notary ID # 11419404 Expires February 4, 2023 Notary Public, State of Texas Anna1340 Holdings, LLC 5900 S Lake Forest Drive McKinney, TX 75070 By' Prith anathan IN WITNESS WHEREOF: STATE OF TEXAS COUNlY OF DALLAS Before me the un,ersigned notary public, on theday , 2022, appeared �6 kvlCa �C * 'known to me (or proved to men to be the person whose name is subscribed to the fo egging instrument, and acknowledged to me that he/she executed the same in his/her capacity as properly owner Notary Public, 11 � Page of T RYAN HILDEBRANDT Notery Public, State of Texas Comm. Expires 02- M024 Notary ID 130622488 Exhibit 1- Page 1 of 3 ANNA 16, LLC 16.295 ACRES BEING a 16.295 acre tract of land situated in the Z.F. Lester Survey, Abstract No. 5461 City of Anna, Collin County, Texas, and being all of Tract 1 and Tract 2 of tracts of land conveyed to Anna 16, LLC by General Warranty Deed recorded in Instrument Number 20191218001612880, Official Public Records, Collin County, Texas, and being the same tracts of land filed in a Correction Instrument recorded in Instrument Number 210200206000172830, Official Public Records, Collin County, Texas; said 16.295 acre tract being more particularly described as follows: BEGINNING at a point for corner at the northwest corner of said Tract 2 and being in County Road 1106 and being on the northeast right-of-way line of Dallas Area Rapid Transit; THENCE South 88 degrees 22 minutes 44 seconds East along the north line of said Tract 2, passing at a distance of 27.33 feet, the northeast corner of said Tract 2 and the northwest corner of said Tract 1, continuing along the north line of said Tract 1, in all a total distance of 510.38 feet to a point for corner; said corner being a northeast corner of said Tract 1 and the northwest corner of a tract of land conveyed by a Special Warranty Deed to Adisa Hanic as recorded in Volume 6071, Page 432 of the Deed Records, Collin County, Texas; THENCE South 04 degrees 41 minutes 14 seconds East along an easterly line of said Tract 1 and the west line of said Adisa Hanic tract, a distance of 243.55 feet to a point for corner; said corner being a reentrant corner of said Tract 1 and the southwest corner of said Adisa Hanic tract; THENCE South 88 degrees 29 minutes 17 seconds East along a northerly line of said Tract 1 and the south line of said Adisa Hanic tract, a distance of 200.37 feet to a point for corner; said corner being an east corner of said Tract 1 and the southeast corner of said Adisa Hanic tract and being on the west line of Green Meadows Addition, an addition to the City of Anna as recorded in Cabinet 2021, Slide 98, Official Public Records, Collin County, Texas; THENCE South 04 degrees 33 minutes 00 seconds East along the east line of said Tract 1 and the west line of said Green Meadows Addition, a distance of 1,819.04 feet to a point for corner, said corner being the southeast corner of said Tract 1, the southwest corner of said Green Meadows Addition and being on the north line of the Northpoine Crossing Phase 4 West, an addition to the City of Anna as recorded in Cabinet 2019, Slide 64, Official Public Records, Collin County, Texas; Page 1 of 3 Exhibit 1- Page 2 of 3 THENCE North 88 degrees 07 minutes 13 seconds West along the south line of said Tract 1, the north line of said Northpointe Crossing Phase 4 West, passing at a distance of 1.10 feet, the southwest corner of said Tract 1 and the southeast corner of said Tract 2, continuing along a north line of said Northpointe Crossing Phase 4 West, and the south line of said Tract 2, in all a total a distance of 28.48 feet to a point for corner; said corner being on the northeast right-of-way line of said Dallas Area Rapid Transit, a northwest corner of said Northpointe Crossing Phase 4 West and the southwest corner of said Tract 2; THENCE North 22 degrees 11 minutes 17 seconds West along the northeast right-of- way line of said Dallas Area Rapid Transit and the southwest line of said Tract 2, a distance of 2,240.76 feet to the POINT -OF -BEGINNING, containing 709,822 square feet or 16.295 acres of land. Bearings for this description cited are based on Grid North State Plane Coordinates of the Texas Coordinate System NAD83 (CORS96) Texas North Central Zone (4202), NAVD88. Page 2 of 3 © 2022 Westwood Professional Services, Inc. 0 m w G w 0 o_ 0 0 a, 0 z' \G � I O O � � � \O Q� O�� •.p � N I Q U c-� � y z N � � � W �c \ z� < � J O v I U O, 1 S88°22'44 "E P.O.B. - 27.33 X\ r TRACT 2 �� CALLED 1.286 ACRES ANNA 16, LLC INST. NO. 20200206000172830 O.P.R.C.C.T. Exhibit 1- Page 3 of 3 � I I I SUMMER LAKE I I i COUNTRY ESTATES I I I I VOL. 2016, PG. 415 O.P.R.CCT. I BLOCIKA — I — L J� ___L_ �L COUNTY ROAD NO. 1706 _ - 243.55 � SO4°41'14"E- - - �-�� 200.37 ADISA HANK - � ,i� � I S88°29'17"E VOL. 6071, PG. 432 D.R.CC.T. 510.38 - \TRACT 1 CALLED 15.02 ACRES \ ANNA 16, LLC INST. NO. \20200206000172830 � O.P.R.CC.T. �'rr, �� 'D Z �R� N° \ N "� l X � -� � m � �N 4 N o O �Z � � \ 0' 300' 600' \ NOTE: THIS IS NOT A BOUNDARY SURVEY AND DOES NOT REPRESENT AN ON THE GROUND SURVEY. O.P.R.C.C.T. OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS D.R.C.C.T. DEED RECORDS, COLLIN COUNTY, TEXAS P.O.B. POINT OF BEGINNING CAB. CABINET INST. NO. INSTRUMENT NUMBER VOL. PG. VOLUME, PAGE BEING A 15.02 ACRE TRACT AND A 1.286 ACRE TRACT LOCATED IN THE Z.F. LESTER SURVEY, ABSTRACT NO. 546, COLLIN COUNTY, TEXAS ANNA, TEXAS ... 0 W O M_BI O V1— 27.38 — � i� - GR EN ME D ADDITION CAB. 2021, SLID _ O.P.R.C.�'.T. n �� - 28.48 \ N88°07'13"W Phone (214) 473-4640 2901 Dallas Parkway, Suite 400 TdlFree (888)937-5150 Plano, TX 75093 westwoodps.com Weshvood Profeubnal Sarv)aes, Inc TBPE FIRM REGISTRATION NO. F-1175fi TBPLS FIRM REGISTRATION NO. 10074301 � �---r_--r--� I NORTHPOINTE CROSSING PHASE 4 WEST CAB. 2019, SLIDE 64 O.P.R.C.CT. �ir�7►�1�[e»:1:11�� SHEET NUMBER: 3 OF 3 DATE: 02/07/22 PROJECT NUMBER: 0034889.00 I NORTHPOINTE CROSSING PHASE 4 WEST CAB. 2019, SLIDE 64 O.P.R.C.CT. �ir�7►�1�[e»:1:11�� SHEET NUMBER: 3 OF 3 DATE: 02/07/22 PROJECT NUMBER: 0034889.00 y jp Z 9d 3%310331d:3NIIH�)ldW �IIIII /IIIIi ---� --: -_-ice 0 a C C o a, w o G N w m ' w o � c N W IZ C i 1 ma ; ; �� Nbllb'JIa30 M021 ,Sti 3WfISSb' --c�_ . _ I� m„vnalm ,ry of zrw}, rwu>3ml�n so �n> rmvrre iwae>roluaos 901 L 21 --^N l.VLL>ql �`� � t1f Y>Ol F9l9tl AY.MYu1p}53py1NOltl'1FL / I 1 I I I I iZrk �\ r ` r EtFi 3.pZp�5„yrM tq zIm U - SSM UDM a a Q ry m d V) Z Q N W V EL p._ c p o O a dE Ott 9= 9 e 5 c w2 °Oo ° °o Q o MU MZFMD s" F ro u too IMP MMMMMM e E' it — v n m c4 g Mg 6 = Z Z ,n °i9 g 8a$ ME m Q up W an °c `ma�k�yS� y a& ?� ° E �C= O a +. d 6 a =g�E E- qa'�. q � N � o J_ V Q ta k w o W cy � b QJQ w o� Z Ea v �b Ea w l7 q€ 2 akz C3 j /o r \ r Qo \ oQ I I� i I z� J w / LL • F / FO � Q v Z Jcrti m too. w v n o - J�.-i ° Ltol .L. -°° Z a �rootI— a r N v o A cc OwX E w o o z LC -fa -221\ O 3�MO a MB �a � �cc t omE s. N \zl> E o ` \ W `1 = W \ 1 0- 77 �\ \ To r� \ y 14 4 d0 L 9d 3�N3a333b �3NI�H�1dW 01 � Co D g Q � m v f— I E 1 S e= 1 1 Q e E E E p o f m s S V� « Mvi s .t. too e Ma 2g m F 'ME N E 3? Z p E g S a E E E E E Q e e^E �= E w e 3? a' E E E MO to a g G o E a m § L 0 § § E N v a¢ m v o w°¢ m u_ o y ¢ o E E E E E W a E a r v w .$ o 0 0 o v v tf Y. c Y. Y. G ^' °o ° °o e 3 ? 'v > j v > ; .m > ; Q o° k7 % ' ° ° v MCI �' < q v '- W 0 0 S o 0 0 0 0= 0 6 0 2 top0 Z � Z � o g�� z aOd vU� ZV� � z o ¢ Collin County Honorable Stacey Kemp Collin County Clerk Instrument Number: 2022000116826 Real Property AGREEMENT Recorded On: July 29, 2022 10:24 AM Number of Pages: 17 " Examined and Charged as Follows: " Total Recording: $86.00 *********** THIS PAGE IS PART OF THE INSTRUMENT *********** Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Document Number: Receipt Number: Recorded Date/Time User: Station: 2022000116826 20220729000221 July 29, 2022 10:24 AM Christina G Station 9 Record and Return To: CITY OF ANNA PO BOX 776 ANNA TX 75409 STATE OF TEXAS Collin County I hereby certify that this Instrument was filed in the File Number sequence on the date/time printed hereon, and was duly recorded in the Official Public Records of Collin County, Texas Honorable Stacey Kemp Collin County Clerk Collin County, TX