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HomeMy WebLinkAboutRes 2023-02-1378 Creating The Woods at Lindsey Place Public Improvement District RECORDEDCERTIFICATE FOR RESOLUTION THE STATE OF TEXAS COLLIN COUNTY CITY OF ANNA We, the undersigned officers of the City of Anna, Texas (the "City"), hereby certify as follows: 1. The City Council (the "Council") of the City convened in a regular meeting on February 14, 2023, at the regular designated meeting place, and the roll was called of the duly constituted officers and members of the Council, to wit: Nate Pike, Mayor Stan Carver Il, Council Member Lee Muller, Mayor Pro Tem Pete Cain, Council Member Randy Atchley, Deputy Mayor Pro-Tem Danny Ussery, Council Member Kevin Toten, Council Member Ryan Henderson, Interim City Manager Carrie Land, City Secretary and all of said persons were present, except ,thus constituting a quorum. Whereupon, among other business the following was transacted at said meeting: a written A RESOLUTION REGARDING THE CREATION OF TB E WOODS AT LINDSEY PLACE PUBLIC IMPROVENEW DISTRICT AND ORDERING PUBLIC RvIPROVEMENTS TO BE MADE FOR THE BENEFIT OF SUCH DISTRICT; PROVIDING FOR A SEVERABILIT Y CLAUSE; PROVIDING AN EFFECTIVE DATE; AND CONTAINING OTHER MATTERS RELATING TO TB E SUBJECT. was duly introduced for the consideration of the Council. It was then duly moved and seconded that said Resolution be passed; and, after due discussion, said motion, carrying with it the passage of said Resolution, prevailed and carried, with all members of the Council shown present above voting "Aye," except as noted below: NAYS: ABSTENTIONS: 2. A true, full, and correct copy of the aforesaid Resolution passed at the meeting described in the above and foregoing paragraph is attached to and follows this Certificate; said Resolution has been duly recorded in the Council's minutes of said meeting; the above and foregoing paragraph is a true, full, and correct excerpt from the Council's minutes of said meeting pertaining to the passage of said Resolution; the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of the Council as indicated therein; that each of the officers and members of the Council was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the aforesaid meeting, and that said Resolution would be introduced and considered for passage at said meeting, and each of said officers and members consented, in advance, to the holding of said meeting for such purpose, and that said meeting was open to the public, and public notice of the time, place, and purpose of said meeting was given all as required by the Texas Government Code, Chapter 551. 3. The Council has approved and hereby approves the Resolution, and the Mayor (or Mayor Pro Tem) and City Secretary hereby declare that their signing of this certificate shall constitute the signing of the attached and following copy of said Resolution for all purposes. SIGNED AND SEALED ON FEBRUARY 14, 2023. ATTEST: Nate Pike, Mayor L Y, &2z� Carrie L. Land, City Secretary (SEAL) CITY OF ANNA, TEXAS RESOLUTIONNO.2023-02- 1378 A RESOLUTION REGARDING THE CREATION OF THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT AND ORDERING PUBLIC IMPROVEMENTS TO BE MADE FOR THE BENEFIT OF SUCH DISTRICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND CONTAINING OTHER MATTERS RELATING TO THE SUBJECT. WHEREAS, the City of Anna, Texas (the "City") is authorized by Chapter 372, Texas Local Government Code, as amended (the "Act") to create a public improvement district and to levy special assessments against property within the district to pay the costs of public improvement projects that confer a special benefit on property within the district; WHEREAS, on January 17, 2023, there was submitted to and filed with the City Secretary of the City (the "City Secretary") pursuant to the Act that certain "Petition for Creation of The Woods at Lindsey Place Public Improvement District Within the City of Anna, Texas" (the "Petition") requesting the establishment of a public improvement district covering approximately 198.006 acres located within the City as described in the Petition and Exhibit A attached hereto (the "Property"), and to be known as "The Woods at Lindsey Place Public Improvement District" (the "District"); WHEREAS, the City Council of the City (the "City Council") received the Petition and determined that it satisfied the requirements of the Act; WHEREAS, after providing the notices required by the Act and by the Texas Open Meetings Act, Chapter 551, Texas Government Code, as amended, the City Council opened and conducted a public hearing on February 14, 2023, to determine the advisability of creating and establishing the District and undertaking the public improvement projects described in the Petition; WHEREAS, all owners of the Property located within the District and all other interested persons were given the opportunity at such public hearing to speak for or against the creation of the District and the proposed public improvements; and WHEREAS, the City Council has made findings based on the information contained in the Petition presented to the City Council and any comments received at the public hearing. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. The City Council hereby approves the statements contained in the preamble of this Resolution and finds that all statements are true and correct and incorporate the same in the body of this Resolution. Section 2. The City Council, after considering the Petition and the evidence and testimony presented at the public hearing, hereby finds and determines that: (a) the Petition was filed with the City Secretary and was signed by owners of taxable real property representing more than fifty percent (50%) 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 fifty percent (50%) 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 the Act and are advisable and desirable improvements for the 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 the Property within the District by enhancing the value of such Property located within the District; (d) the general nature of the proposed public improvements and estimated costs thereof are set forth and described in Exhibit B 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 A attached hereto and made a part hereof for all purposes; (f) the assessment of costs of the proposed improvements will be levied on each parcel of property within the District in a manner that results in imposing equal shares of the costs on property similarly benefitted; (g) 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 District and other sources available to the owners and developers of the Property within the District, as further described in Exhibit B; and (h) the District shall be managed without the creation of an advisory body. Section 3. Based on the foregoing, the District is hereby created as a public improvement district under the Act in accordance with the findings of the City Council as to the advisability of the public improvements described in Exhibit B, the nature and the estimated costs of the public improvements, the boundaries of the District, the method of assessment, and the apportionment of costs as described herein, which are authorized to be made in accordance with the service and assessment plan to be approved by the City Council. Section 4. The City Council hereby authorizes and directs the City Secretary, on or before February 21, 2023, in accordance with the Act, to file this Resolution with the County Clerk of Collin County, Texas. Section 5. If any section, article, paragraph, sentence, clause, phrase or word in this resolution or application thereof to any persons or circumstances is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this resolution; and the City Council hereby declares it would have passed such remaining portions of the resolution despite such invalidity, which remaining portions shall remain in full force and effect. Section 6. This Resolution has been approved by majority vote of all members of the City Council and constitutes the improvement order establishing and creating the District in accordance with the Act. Section 7. This Resolution shall take effect immediately from and after the date of its passage in accordance with law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THIS 14TH DAY OF FEBRUARY, 2023. / , /V Nate Pike, Mayor ATTEST: Carrie L. Land, City Secretary EXHIBIT A 1r1Xff.1a7D6Yy71WIffl►[I]a 11i ' ' sIID17111.1 BEING a tract of land situated in the Town of Anna, Collin County, Texas, a part of Eli Witt Survey, Abstract No. 997, being part of a called 275.00 acre tract of land described in a Special Warranty Deed to D.R. Horton — Texas, Ltd., recorded in Instrument No. 20210212000310470, Official Public Records, Collin County, Texas (O.P.R.C.C.T), and being more particularly described as follows: COMMENCING at a five -eighths inch iron rod with yellow plastic cap that is illegible found at the southeast corner of said 275.00 acre tract of land, said iron rod being at the northeast corner of a called 226.62 acre tract of land described in a Warranty Deed to QJR Partnership, Ltd. recorded in Volume 5106, Page 2380, O.P.R.C.C.T and said iron rod being in the west line of a called 50.00 acre tract of land described in a Special Warranty Deed with Vendor's Lien to MCI Preferred Income Fund II, LLC, recorded in Instrument No. 20210830001753370,(O.P.R.C.C.T); THENCE South 89 degrees 28 minutes 48 seconds West, a distance of 168.60 feet along the south line of said 275.00 acre tract of land and along the north line of said 226.62 acre tract of land to the POINT OF BEGINNING of the herein described tract of land; THENCE South 89 degrees 28 minutes 48 seconds West, a distance of 2,480.27 feet along the south line of said 275.00 acre tract of land) and along the north line of said 226.62 acre tract of land to a point for corner, from which a one-half inch iron rod with yellow plastic cap stamped "BOHLER ENG" set (hereinafter called "iron rod set") at the southwest corner of said 275.00 acre tract of land bears South 89 degrees 28 minutes 48 seconds West, a distance of 335.99 feet THENCE North 00 degrees 34 minutes 00 seconds West, a distance of 385.03 feet to a point for corner; THENCE North 29 degrees 27 minutes 03 seconds West, a distance of 120.00 feet to a point for corner; THENCE Northeasterly 44.49 feet along a non -tangent curve to the left, having a central angle of 03 degrees 13 minutes 35 seconds, a radius of 790.00 feet, a tangent of 22.25 feet and whose cord bears North 58 degrees 56 minutes 09 seconds East, a cord distance of 44.48 feet to a point for corner; THENCE Northeasterly 236.99 feet along a curve to the right, having a central angle of 14 degrees 55 minutes 17 seconds, a radius of 910.00 feet, a tangent of 119.17 feet and whose cord bears North 64 degrees 47 minutes 01 seconds East, a cord distance of 236.32 feet to a point for corner; THENCE North 00 degrees 33 minutes 39 seconds West, a distance of 652.43 feet to a point for corner; THENCE North 89 degrees 26 minutes 21 seconds East, a distance of 144.81 feet to a point for corner; THENCE North 02 degrees 33 minutes 19 seconds East, a distance of 504.55 feet to a point for corner; THENCE North 00 degrees 33 minutes 39 seconds West, a distance of 1,369.34 feet to a point for corner; THENCE South 89 degrees 26 minutes 21 seconds West, a distance of 620.00 feet to a point for corner; THENCE North 00 degrees 33 minutes 39 seconds West, a distance of 526.78 feet to a point for corner; THENCE Northeasterly 1,091.99 feet along a curve to the right, having a central angle of 32 degrees 41 minutes 20 seconds, a radius of 1,914.00 feet, a tangent of 561.30 feet and whose cord bears North 15 degrees 47 minutes 01 seconds East, a cord distance of 1,077.24 feet to a point for corner; THENCE North 32 degrees 39 minutes 37 seconds East, a distance of 90.00 feet to a point for corner; THENCE North 32 degrees 43 minutes 36 seconds East, a distance of 144.49 feet to a point in the north line of said 275.00 acre tract of land, said point being a the south line of a called 555.801 acre tract of land, described as Tract B in a Special Warranty Deed to Risland Mantua, LLC, recorded in Instrument No. 20180625000783630,(O.P.R.C.C.T); THENCE South 86 degrees 39 minutes 03 seconds East, a distance of 255.78 feet along the north line of said 275.00 acre tract of land and along a south line of said 555.801 acre tract of land to a one-half inch iron rod found for corner, from which a one-half inch iron rod found bears North 01 degrees 19 minutes 02 seconds West, a distance of 2.04 feet; THENCE South 89 degrees 10 minutes 24 seconds East, a distance of 1,018.92 feet along the north line of said 275.00 acre tract of land to a one-half inch iron rod set for corner, said iron rod being at the southwest corner of a called 83.36 acre tract of land described in a Quit Claim Deed to Alta McClain, recorded in Volume 626, Page 141, (D.R.C.C.T) which is now listed in the Collin County Appraisal District records as being owned by Laura Collins to which no transfer of title either direct or indirect can be found in Collin County Deed Records; THENCE South 89 degrees 16 minutes 53 seconds East, a distance of 111.06 feet along a north line of said 275.00 acre tract of land and along the south line of said 83.36 acre tract of land to a one-half inch iron rod set at the northeast corner of said 275.00 acre tract of land, said iron rod being at the northwest corner of a called 95.444 acre tract of land described in a Special Warranty Deed with Vendor's Lien to MCI PREFERRED INCOME FUND II, LLC, recorded in Instrument No. 20210819001679920, (O.P.R.C.C.T); THENCE along the east line of said 275.00 acre tract of land and along the west line of said 95.444 acre tract of land as follows: South 01 degrees 16 minutes 44 seconds East, a distance of 1,185.56 feet to a one-half inch iron rod with yellow cap stamped "JBI" found for corner; South 00 degrees 47 minutes 08 seconds East, a distance of 1,100.00 feet to a one-half inch iron rod set at the most westerly southwest corner of said 95.444 acre tract of land; THENCE North 88 degrees 32 minutes 52 seconds East, a distance of 906.82 feet along the most easterly north line of said 275.00 acre tract of land and along the most westerly south line of said 95.444 acre tract of land to a point for corner; THENCE South 00 degrees 44 minutes 46 seconds East, a distance of 314.82 feet to a point for corner; THENCE South 89 degrees 28 minutes 48 seconds West, a distance of 481.91 feet to a point for corner; THENCE South 00 degrees 31 minutes 12 seconds East, a distance of 889.34 feet to a point for corner; THENCE Southeasterly 120.981 feet along a curve to the left, having a central angle of 14 degrees 35 minutes 35 seconds, a radius of 475.00 feet, a tangent of 60.82 feet and whose cord bears South 07 degrees 49 minutes 00 seconds East, a cord distance of 120.66 feet to a point for corner; THENCE South 39 degrees 17 minutes 34 seconds East, a distance of 55.80 feet to a point for corner; THENCE Southeasterly 38.63 feet along a non -tangent curve to the left, having a central angle of 04 degrees 51 minutes 53 seconds, a radius of 455.00 feet, a tangent of 19.33 feet and whose cord bears South 23 degrees 58 minutes 10 seconds East, a cord distance of 38.62 feet to a point for corner; THENCE South 26 degrees 24 minutes 07 seconds East, a distance of 56.52 feet to a point for corner; THENCE South 68 degrees 02 minutes 34 seconds East, a distance of 44.84 feet to a point for corner; THENCE Northeasterly 361.48 feet along a non -tangent curve to the right, having a central angle of 16 degrees 26 minutes 14 seconds, a radius of 1,260.00 feet, a tangent of 181.99 feet and whose cord bears North 79 degrees 13 minutes 01 seconds East, a cord distance of 360.24 feet to a point for corner; THENCE South 00 degrees 44 minutes 46 seconds East, a distance of 120.07 feet to a point for corner; THENCE Southwesterly 497.56 feet along a non -tangent curve to the left, having a central angle of 25 degrees 00 minutes 25 seconds, a radius of 1,140.00 feet, a tangent of 252.80 feet and whose cord bears South 74 degrees 44 minutes 27 seconds West, a cord distance of 493.62 feet to a point for corner; THENCE South 62 degrees 14 minutes 14 seconds West, a distance of 202.70 feet to a point for corner; THENCE South 27 degrees 45 minutes 46 seconds East, a distance of 15.00 feet to a point for corner; THENCE South 49 degrees 18 minutes 42 seconds East, a distance of 194.61 feet to a point for corner; THENCE South 00 degrees 31 minutes 12 seconds East, a distance of 305.98 feet to a point for corner; THENCE North 89 degrees 28 minutes 48 seconds East, a distance of 501.05 feet to a point for corner; THENCE South 01 degrees 14 minutes 22 seconds West, a distance of 327.87 feet to a point for corner; THENCE Southeasterly 60.96 feet along a curve to the left, having a central angle of 02 degrees 46 minutes 20 seconds, a radius of 1,260.00 feet, a tangent of 30.49 feet and whose cord bears South 00 degrees 08 minutes 48 seconds East, a cord distance of 60.96 feet to the POINT OF BEGINNING and containing 8,625,128 square feet or 198.006 acres. EXHIBIT B PROPOSED IMPROVEMENTS AND ESTIMATED COSTS Nature of the Authorized Improvements: The general nature of the proposed public improvements may include (i) acquisition, construction, or improvement of water, wastewater, or drainage facilities or improvements; (ii) acquiring, constructing, improving, widening, narrowing, closing, or rerouting of sidewalks or of streets, any other roadways, or their rights -of -way; (iii) landscaping; (iv) the establishment or improvement of parks; (v) erection of fountains, distinctive lighting, and signs; (vi) projects similar to those listed in (i)-(v); (vii) acquisition, by purchase or otherwise, of real property in connection with an authorized improvement; (viii) special supplemental services for improvement and promotion of the District, including services relating to advertising, promotion, health and sanitation, water and wastewater, public safety, security, business recruitment, development, recreation, and cultural enhancement; and (ix) payment of expenses incurred in the establishment, administration, and operation of the District, including the costs of financing the public improvements listed above. (collectively, the "Authorized Improvements"); and (b) the payment of expenses incurred in the establishment, administration, and operation of the District, including maintenance costs, costs of issuance, funding debt service and capitalized interest reserves and credit enhancement fees of any bonds issued by or on behalf of the District, if necessary. These Authorized Improvements shall promote the interests of the City and confer a special benefit upon the Property. Estimated Costs of the Authorized Improvements and Apportionment of Costs: The estimated total costs of the Authorized Improvements is $55,000,000.00, which costs shall be paid by assessment of the property owners within the proposed District. The City will not be obligated to provide any funds to finance the Authorized Improvements, other than from assessments levied on the Property. The developer of the property (the "Developer") may also pay certain costs of the Authorized Improvements from other funds available to the Developer. 2023 - 2023000015008 02/15/2023 02.39 PM Page 1 of 8 CITY OF ANNA, TEXAS RESOLUTIONNO.2023-02- 1378 A RESOLUTION REGARDING THE CREATION OF THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT AND ORDERING PUBLIC IMPROVEMENTS TO BE MADE FOR THE BENEFIT OF SUCH DISTRICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND CONTAINING OTHER MATTERS RELATING TO THE SUBJECT. WHEREAS, the City of Anna, Texas (the "City") is authorized by Chapter 372, Texas Local Government Code, as amended (the "Act") to create a public improvement district and to levy special assessments against property within the district to pay the costs of public improvement projects that confer a special benefit on property within the district; WHEREAS, on January 17, 2023, there was submitted to and filed with the City Secretary of the City (the "City Secretary") pursuant to the Act that certain 'Petition for Creation of The Woods at Lindsey Place Public Improvement District Within the City of Anna, Texas" (the 'Petition") requesting the establishment of a public improvement district covering approximately 198.006 acres located within the City as described in the Petition and Exhibit A attached hereto (the "Property"), and to be known as "The Woods at Lindsey Place Public Improvement District" (the 'District"); WHEREAS, the City Council of the City (the "City Council") received the Petition and determined that it satisfied the requirements of the Act; WHEREAS, after providing the notices required by the Act and by the Texas Open Meetings Act, Chapter 551, Texas Government Code, as amended, the City Council opened and conducted a public hearing on February 14, 2023, to determine the advisability of creating and establishing the District and undertaking the public improvement projects described in the Petition; WHEREAS, all owners of the Property located within the District and all other interested persons were given the opportunity at such public hearing to speak for or against the creation of the District and the proposed public improvements; and WHEREAS, the City Council has made findings based on the information contained in the Petition presented to the City Council and any comments received at the public hearing. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. The City Council hereby approves the statements contained in the preamble of this Resolution and finds that all statements are true and correct and incorporate the same in the body of this Resolution. Section 2. The City Council, after considering the Petition and the evidence and testimony presented at the public hearing, hereby finds and determines that: (a) the Petition was filed with the City Secretary and was signed by owners of taxable real property representing more than fifty percent (50%) 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 fifty percent (50%) of the area of all real property that is liable for assessment under the proposal; 2023 - 2023000015008 02/15/2023 02.39 PM Page 2 of 8 (b) the proposed public improvements described in the Petition are of the nature of the public improvements described in Section 372.003 of the Act and are advisable and desirable improvements for the 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 the Property within the District by enhancing the value of such Property located within the District; (d) the general nature of the proposed public improvements and estimated costs thereof are set forth and described in Exhibit B 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 A attached hereto and made a part hereof for all purposes; (f) the assessment of costs of the proposed improvements will be levied on each parcel of property within the District in a manner that results in imposing equal shares of the costs on property similarly benefitted; (g) 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 District and other sources available to the owners and developers of the Property within the District, as further described in Exhibit B; and (h) the District shall be managed without the creation of an advisory body. Section 3. Based on the foregoing, the District is hereby created as a public improvement district under the Act in accordance with the findings of the City Council as to the advisability of the public improvements described in Exhibit B, the nature and the estimated costs of the public improvements, the boundaries of the District, the method of assessment, and the apportionment of costs as described herein, which are authorized to be made in accordance with the service and assessment plan to be approved by the City Council. Section 4. The City Council hereby authorizes and directs the City Secretary, on or before February 21, 2023, in accordance with the Act, to file this Resolution with the County Clerk of Collin County, Texas. Section 5. If any section, article, paragraph, sentence, clause, phrase or word in this resolution or application thereof to any persons or circumstances is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this resolution; and the City Council hereby declares it would have passed such remaining portions of the resolution despite such invalidity, which remaining portions shall remain in full force and effect. Section 6. This Resolution has been approved by majority vote of all members of the City Council and constitutes the improvement order establishing and creating the District in accordance with the Act. Section 7. This Resolution shall take effect immediately from and after the date of its passage in accordance with law. 2023 - 2023000015008 02/15/2023 (2:39 PM Page 3 of 8 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS. THIS 14"I DAY OF FEBRUARY, 202 ). Nate Pike. Mavor ATTEST: Carrie L. Ladd. City Secretan- 2023 - 2023000015008 02/15/2023 02.39 PM Page 4 of 8 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY BEING a tract of land situated in the Town of Anna, Collin County, Texas, a part of Eli Witt Survey, Abstract No. 997, being part of a called 275.00 acre tract of land described in a Special Warranty Deed to D.R. Horton — Texas, Ltd., recorded in Instrument No. 20210212000310470, Official Public Records, Collin County, Texas (O.P.R.C.C.T), and being more particularly described as follows: COMMENCING at a five -eighths inch iron rod with yellow plastic cap that is illegible found at the southeast corner of said 275.00 acre tract of land, said iron rod being at the northeast corner of a called 226.62 acre tract of land described in a Warranty Deed to QJR Partnership, Ltd. recorded in Volume 5106, Page 2380, O.P.R.C.C.T and said iron rod being in the west line of a called 50.00 acre tract of land described in a Special Warranty Deed with Vendor's Lien to MCI Preferred Income Fund II, LLC, recorded in Instrument No. 20210830001753370,(O.P.R.C.C.T); THENCE South 89 degrees 28 minutes 48 seconds West, a distance of 168.60 feet along the south line of said 275.00 acre tract of land and along the north line of said 226.62 acre tract of land to the POINT OF BEGINNING of the herein described tract of land; THENCE South 89 degrees 28 minutes 48 seconds West, a distance of 2,480.27 feet along the south line of said 275.00 acre tract of land) and along the north line of said 226.62 acre tract of land to a point for corner, from which a one-half inch iron rod with yellow plastic cap stamped "BOHLER ENG" set (hereinafter called "iron rod set") at the southwest corner of said 275.00 acre tract of land bears South 89 degrees 28 minutes 48 seconds West, a distance of 335.99 feet THENCE North 00 degrees 34 minutes 00 seconds West, a distance of 385.03 feet to a point for corner; THENCE North 29 degrees 27 minutes 03 seconds West, a distance of 120.00 feet to a point for corner; THENCE Northeasterly 44.49 feet along a non -tangent curve to the left, having a central angle of 03 degrees 13 minutes 35 seconds, a radius of 790.00 feet, a tangent of 22.25 feet and whose cord bears North 58 degrees 56 minutes 09 seconds East, a cord distance of 44.48 feet to a point for corner; THENCE Northeasterly 236.99 feet along a curve to the right, having a central angle of 14 degrees 55 minutes 17 seconds, a radius of 910.00 feet, a tangent of 119.17 feet and whose cord bears North 64 degrees 47 minutes 01 seconds East, a cord distance of 23 6.3 2 feet to a point for corner; THENCE North 00 degrees 33 minutes 39 seconds West, a distance of 652.43 feet to a point for corner; THENCE North 89 degrees 26 minutes 21 seconds East, a distance of 144.81 feet to a point for corner; THENCE North 02 degrees 33 minutes 19 seconds East, a distance of 504.55 feet to a point for corner; THENCE North 00 degrees 33 minutes 39 seconds West, a distance of 1,369.34 feet to a point for corner; THENCE South 89 degrees 26 minutes 21 seconds West, a distance of 620.00 feet to a point for corner; THENCE North 00 degrees 33 minutes 39 seconds West, a distance of 526.78 feet to a point for corner; 2023 - 2023000015008 02/15/2023 02.39 PM Page 5 of 8 THENCE Northeasterly 1,091.99 feet along a curve to the right, having a central angle of 32 degrees 41 minutes 20 seconds, a radius of 1,914.00 feet, a tangent of 561.30 feet and whose cord bears North 15 degrees 47 minutes 01 seconds East, a cord distance of 1,077.24 feet to a point for corner; THENCE North 32 degrees 39 minutes 37 seconds East, a distance of 90.00 feet to a point for corner; THENCE North 32 degrees 43 minutes 36 seconds East, a distance of 144.49 feet to a point in the north line of said 275.00 acre tract of land, said point being a the south line of a called 555.801 acre tract of land, described as Tract B in a Special Warranty Deed to Risland Mantua, LLC, recorded in Instrument No. 20180625000783630,(O.P.R.C.C.T); THENCE South 86 degrees 39 minutes 03 seconds East, a distance of 255.78 feet along the north line of said 275.00 acre tract of land and along a south line of said 555.801 acre tract of land to a one-half inch iron rod found for corner, from which a one-half inch iron rod found bears North 01 degrees 19 minutes 02 seconds West, a distance of 2.04 feet; THENCE South 89 degrees 10 minutes 24 seconds East, a distance of 1,018.92 feet along the north line of said 275.00 acre tract of land to a one-half inch iron rod set for corner, said iron rod being at the southwest corner of a called 83.36 acre tract of land described in a Quit Claim Deed to Alta McClain, recorded in Volume 626, Page 141, (D.R.C.C.T) which is now listed in the Collin County Appraisal District records as being owned by Laura Collins to which no transfer of title either direct or indirect can be found in Collin County Deed Records; THENCE South 89 degrees 16 minutes 53 seconds East, a distance of 111.06 feet along a north line of said 275.00 acre tract of land and along the south line of said 83.36 acre tract of land to a one-half inch iron rod set at the northeast corner of said 275.00 acre tract of land, said iron rod being at the northwest corner of a called 95.444 acre tract of land described in a Special Warranty Deed with Vendor's Lien to MCI PREFERRED INCOME FUND II, LLC, recorded in Instrument No. 20210819001679920, (O.P.R.C.C.T); THENCE along the east line of said 275.00 acre tract of land and along the west line of said 95.444 acre tract of land as follows: South 01 degrees 16 minutes 44 seconds East, a distance of 1,185.56 feet to a one-half inch iron rod with yellow cap stamped "JBI" found for corner; South 00 degrees 47 minutes 08 seconds East, a distance of 1,100.00 feet to a one-half inch iron rod set at the most westerly southwest corner of said 95.444 acre tract of land; THENCE North 88 degrees 32 minutes 52 seconds East, a distance of 906.82 feet along the most easterly north line of said 275.00 acre tract of land and along the most westerly south line of said 95.444 acre tract of land to a point for corner; THENCE South 00 degrees 44 minutes 46 seconds East, a distance of 314.82 feet to a point for corner; THENCE South 89 degrees 28 minutes 48 seconds West, a distance of 481.91 feet to a point for corner; THENCE South 00 degrees 31 minutes 12 seconds East, a distance of 889.34 feet to a point for corner; THENCE Southeasterly 120.981 feet along a curve to the left, having a central angle of 14 degrees 35 minutes 35 seconds, a radius of 475.00 feet, a tangent of 60.82 feet and whose cord bears South 07 degrees 49 minutes 00 seconds East, a cord distance of 120.66 feet to a point for corner; 2023 - 2023000015008 02/15/2023 02.39 PM Page 6 of 8 THENCE South 39 degrees 17 minutes 34 seconds East, a distance of 55.80 feet to a point for corner; THENCE Southeasterly 38.63 feet along a non -tangent curve to the left, having a central angle of 04 degrees 51 minutes 53 seconds, a radius of 455.00 feet, a tangent of 19.33 feet and whose cord bears South 23 degrees 58 minutes 10 seconds East, a cord distance of 38.62 feet to a point for corner; THENCE South 26 degrees 24 minutes 07 seconds East, a distance of 56.52 feet to a point for corner; THENCE South 68 degrees 02 minutes 34 seconds East, a distance of 44.84 feet to a point for corner; THENCE Northeasterly 361.48 feet along a non -tangent curve to the right, having a central angle of 16 degrees 26 minutes 14 seconds, a radius of 1,260.00 feet, a tangent of 181.99 feet and whose cord bears North 79 degrees 13 minutes 01 seconds East, a cord distance of 360.24 feet to a point for corner; THENCE South 00 degrees 44 minutes 46 seconds East, a distance of 120.07 feet to a point for corner; THENCE Southwesterly 497.56 feet along a non -tangent curve to the left, having a central angle of 25 degrees 00 minutes 25 seconds, a radius of 1,140.00 feet, a tangent of 252.80 feet and whose cord bears South 74 degrees 44 minutes 27 seconds West, a cord distance of 493.62 feet to a point for corner; THENCE South 62 degrees 14 minutes 14 seconds West, a distance of 202.70 feet to a point for corner; THENCE South 27 degrees 45 minutes 46 seconds East, a distance of 15.00 feet to a point for corner; THENCE South 49 degrees 18 minutes 42 seconds East, a distance of 194.61 feet to a point for corner; THENCE South 00 degrees 31 minutes 12 seconds East, a distance of 305.98 feet to a point for corner; THENCE North 89 degrees 28 minutes 48 seconds East, a distance of 501.05 feet to a point for corner; THENCE South 01 degrees 14 minutes 22 seconds West, a distance of 327.87 feet to a point for corner; THENCE Southeasterly 60.96 feet along a curve to the left, having a central angle of 02 degrees 46 minutes 20 seconds, a radius of 1,260.00 feet, a tangent of 30.49 feet and whose cord bears South 00 degrees 08 minutes 48 seconds East, a cord distance of 60.96 feet to the POINT OF BEGINNING and containing 8,625,128 square feet or 198.006 acres. 2023 - 2023000015008 02/15/2023 02.39 PM Page 7 of 8 EXHIBIT B PROPOSED IMPROVEMENTS AND ESTIMATED COSTS Nature of the Authorized Improvements: The general nature of the proposed public improvements may include (i) acquisition, construction, or improvement of water, wastewater, or drainage facilities or improvements; (ii) acquiring, constructing, improving, widening, narrowing, closing, or rerouting of sidewalks or of streets, any other roadways, or their rights -of -way; (iii) landscaping; (iv) the establishment or improvement of parks; (v) erection of fountains, distinctive lighting, and signs; (vi) projects similar to those listed in (i)-(v); (vii) acquisition, by purchase or otherwise, of real property in connection with an authorized improvement; (viii) special supplemental services for improvement and promotion of the District, including services relating to advertising, promotion, health and sanitation, water and wastewater, public safety, security, business recruitment, development, recreation, and cultural enhancement; and (ix) payment of expenses incurred in the establishment, administration, and operation of the District, including the costs of financing the public improvements listed above. (collectively, the "Authorized Improvements"); and (b) the payment of expenses incurred in the establishment, administration, and operation of the District, including maintenance costs, costs of issuance, funding debt service and capitalized interest reserves and credit enhancement fees of any bonds issued by or on behalf of the District, if necessary. These Authorized Improvements shall promote the interests of the City and confer a special benefit upon the Property. Estimated Costs of the Authorized Improvements and Apportionment of Costs: The estimated total costs of the Authorized Improvements is $55,000,000.00, which costs shall be paid by assessment of the property owners within the proposed District. The City will not be obligated to provide any funds to finance the Authorized Improvements, other than from assessments levied on the Property. The developer of the property (the "Developer") may also pay certain costs of the Authorized Improvements from other funds available to the Developer. 2023-2023000015008 0211512023 2:41 PM Page 8 of 8 Collin County Honorable Stacey Kemp Collin County Clerk Instrument Number: 2023000015008 eRecording - Real Property RESOLUTION Recorded On: February 15, 2023 02:39 PM Number of Pages: 8 " Examined and Charged as Follows: " Total Recording: $50.00 *********** 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: Record and Return To: Document Number: 2023000015008 CSC Receipt Number: 20230215000334 Recorded Date/Time: February 15, 2023 02:39 PM User: Angela M Station: Workstation cck163 STATE OF TEXAS COUNTY OF COIN 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 `"`'� ESTOPPEL CERTIFICATE September 1 , 2023 DHIC, LLC 1341 Horton Circle Arlington, Texas 76011 Attention: Andrew Wiley Re: The Development Agreement recorded as Instrument No. 20201118002054930, Official Public Records of Collin County, Texas (the "DA"); the Woods at Lindsey Place Subdivision Improvement Agreement recorded as Instrument No. 202102250003 745 10, and Instrument No. 20210225 0003 7453 0. Official Public Records of Collin County, Texas (individually and collectively the "SIA"); and the First Amendment to the Development Agreement and to the Woods at Lindsey Place Subdivision Improvement Agreement recorded as Instrument No. 2023000008072, Official Public Records of Collin County, Texas (the "First Amendment"); and Resolution No. 2023-02-1378 creating "The Woods at Lindsey Place Public Improvement District" recorded as Instrument No. 2023000015008, Official Public Records of Collin County, Texas," (the "PID Resolution"). Dear Mr. Wiley: It has been represented that DHIC, LLC, a Delaware limited liability company ("Purchaser"), is evaluating the purchase of the property described on Exhibit "A" attached hereto (referred to hereinafter as the "Pro a ") from D.R. Horton, Texas —LTD, a Texas limited partnership, the current owner thereof and "Developer" under the DA and SIA (collectively, the "Owner"). The City of Anna, a home -rule municipality in Collin County, Texas (the "C"), was a party to the DA, the SIA, and the First Amendment and the City adopted the PID Resolution. Purchaser has requested that the City provide an Estoppel Certificate (this "Estoppel Certificate") pursuant to Section 8.2 of the SIA. The City hereby certifies that to the City Manager's reasonable knowledge and belief no obligations of Owner under the Development Agreement, the SIA, or the First Amendment have been identified that are in default. [Remainder of this page is intentionally left blank; signature page follow] Estoppel Certificate — Page 1 Executed to be EFFECTIVE as of the day first written above. CITY: CITY OF ANNA, a home -rule municipality in Collin Estoppel Certificate— Signature Page Exhibit "A" Property Description BEING a tract of land situated in the E. Will Survey, Abstract No. 997, City of Anna, Collin County, Texas, being part of a tract conveyed to DR Horton -Texas, Ltd., by deed recorded in Instrument No. 20210212000310470 of the Official Public Records, Collin County, Texas (OPRCCT), with the subject\ tract being more particularly described as follows: BEGINNING at a 1/2" iron rod found on the east line of Tract "B conveyed to Risland Mantua LLC, recorded in Instrument No. 20180625000783630 OPRCCT, on the north line of a 120- foot-wide proposed right-of-way for Rosamond Parkway, from which a 1/2" iron rod found (control monument) for the most southerly southeast corner thereof, and being the northeast corner of a tract conveyed to Anna 18, LLC, recorded in Instrument No. 20161020001423440 OPRCCT, bears S 00°3339" E, 125.53 feet; THENCE N 00033'39" W, 2739.16 feet along the common line thereof to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set; THENCE departing said line, into and through said DR Horton tract, the following: N 89027' 14" E, 706.00 feet to a 1/2" iron rod found (control monument); S 00033'39" E, 765.00 feet to a 1/2" Iron rod with plastic cap stamped "SPIARSENG" set; S 890271 4" W, 666.00 feet to a 1 /2" iron rod with plastic cap stamped "SPIARSENG" set; And S 00°33'39" E, 1967.95 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set on the north line of Rosamond Parkway; THENCE along the north line thereof, around o non -tangent curve to the right having a central angle of 02°56'10", a radius of 790.00 feet, a chord of S 80037'30" W - 40.48 feet, an arc length of 40.48 feet to the POINT OF BEGINNING with the subject tract containing 618,939 square feet or 14.209 acres of land. Estoppel Certificate — Exhibit "A" — Property Description