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HomeMy WebLinkAboutCCpkt2023-04-11AGENDA City Council Meeting Tuesday, April 11, 2023 at 6:00 PM Anna Municipal Complex - Council Chambers 120 W. 7th Street, Anna, Texas 75409 The City Council of the City of Anna will meet on 04/11/2023 at 6:00 PM in the Anna Municipal Complex-Council Chambers, located at 120 W. 7th Street, to consider the following items. Welcome to the City Council meeting. If you wish to speak on an Open Session agenda item, please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1.Call to Order, Roll Call, and Establishment of Quorum. 2.Invocation and Pledge of Allegiance. 3.Neighbor Comments. At this time, any person may address the City Council regarding an item on this meeting Agenda that is not scheduled for public hearing. Also, at this time, any person may address the City Council regarding an item that is not on this meeting Agenda. Each person will be allowed up to three (3) minutes to speak. No discussion or action may be taken at this meeting on items not listed on this Agenda, other than to make statements of specific information in response to a citizen’s inquiry or to recite existing policy in response to the inquiry. 4.Reports. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the Agenda. a.Proclamation for Non-Profit Appreciation Day on April 22, 2023. (Mayor Nate Pike) 5.Work Session. a.Discuss proposed multiple-family residence zoning and future Ferguson Parkway realignment (Pecan Grove). (Director of Development Services Ross Altobelli) b.Discuss Golf Cart Usage and the Prospect of a Future City Ordinance (Police Chief Dean Habel & City Attorney Clark McCoy) 6.Consent Items. These items consist of non-controversial or "housekeeping" items required by law. Items may be considered individually by any Council Member making such request prior to a motion and vote on the Consent Items. a.Approve City Council Meeting Minutes for March 28, 2023. (City Secretary Carrie Land) b.Review minutes of the March 6, 2023 Planning & Zoning Commission Meeting. (Director of Development Services Ross Altobelli) c.Approve a Resolution regarding the Burnco Addition, Block A, Lot 1, Final Plat. (Director of Development Services Ross Altobelli) d.Approve a Resolution regarding the Cedar Ridge Estates, Phase 1, Final Plat. (Director of Development Services Ross Altobelli) e.Approve a Resolution regarding the Church Street Addition, Block A, Lots 1-6, Final Plat. (Director of Development Services Ross Altobelli) f.Approve a Resolution regarding the Gateway at Buddy Hayes, Block A, Lots 1 & 2, Block B, Lot 1, and Block C, Lot 1, Final Plat. (Director of Development Services Ross Altobelli) g.Approve a Resolution regarding the Gateway at Buddy Hayes, Block A, Lot 2, Revised Concept Plan. (Director of Development Services Ross Altobelli) h.Approve a Resolution regarding the E. White Street/Leonard Trails Commercial, Block A, Lots 1, 2, 3, & 4, Minor Plat. (Director of Development Services Ross Altobelli) i.Approve a Resolution regarding the Waldrip Switchyard Addition, Block A, Lot 1, Final Plat. (Director of Development Services Ross Altobelli) j.Approve a Resolution regarding the Slayter Creek Park (Anna ISD Park Addition, Lot 2), Site Plan. (Director of Development Services Ross Altobelli) k.Approve a Resolution regarding the Natural Springs Park (Autozone Addition, Block A, Lot 2), Site Plan. (Director of Development Services Ross Altobelli) l.Approve a Resolution authorizing the submission of the City’s application for the Texas Community Development Block Grant – Downtown Revitalization Program (Economic Development Coordinator Kimberly Garduno) m.Approve a Resolution authorizing the submission of the City’s application for the Texas Community Development Block Grant – Community Development Fund (Economic Development Coordinator Kimberly Garduno) 7.Items For Individual Consideration. a.Consider/Discussion/Action on a Resolution approving a Development Agreement with Think Big Investments, LLC regarding the development of Woodland Estates, a multiple-family residence development, subject to approval as to legal form of said development agreement by the City's legal counsel. (Director of Development Services Ross Altobelli) b.Consider/Discuss/Action on a Resolution approving an Impact Fee Reimbursement Agreement for sanitary sewer infrastructure by and between the City of Anna, Texas, Ashton Woods, and Lackland Holdings. (Interim Assistant City Manager Greg Peters, P.E.) c.Consider/Discuss/Action adopting a Resolution determining an area of the City that contains conditions which are detrimental to the community and constitutes a slum and blighted area. (Economic Development Coordinator Kimberly Garduno) d.First Reading of a Resolution approving a project of the Anna Community Development Corporation to provide for matching funds for a Community Development Block Grant Program, Downtown Revitalization Program, for various improvements.(Economic Development Coordinator Kimberly Garduno) e.Second Reading of a Resolution approving a project of the Anna Community Development Corporation to provide for matching funds for a Community Development Block Grant Program, Downtown Revitalization Program, for various improvements. (Economic Development Coordinator Kimberly Garduno) f.Consider/Discuss/Action on a Resolution approving a project of the Anna Community Development Corporation to provide matching funds for a Community Development Block Grant Program, Downtown Revitalization Program, for various improvements. (Economic Development Coordinator Kimberly Garduno) g.First Reading of a Resolution approving a project of the Anna Community Development Corporation to provide for matching funds for a Community Development Block Grant Program, Community Development Fund, for street improvements. (Economic Development Coordinator Kimberly Garduno) h.Second Reading of a Resolution approving a project of the Anna Community Development Corporation to provide for matching funds for a Community Development Block Grant Program, Community Development Fund, for street improvements. (Economic Development Coordinator Kimberly Garduno) i.Consider/Discuss/Action on a Resolution approving a project of the Anna Community Development Corporation to provide for matching funds for a Texas Community Development Block Grant Program, Community Development Fund, for street improvements. (Economic Development Coordinator Kimberly Garduno) j.Consider/Discuss/Action on a Resolution approving and authorizing the City Manager to execute a quote from Musco for the installation of sports lighting on the practice fields at Slayter Creek Park. (Parks Planning and Development Manager Dalan Walker) k.Consider/Discuss/Action on a Resolution approving and authorizing the Mayor Pro Tem to execute the AnaCapri Public Improvement District Improvement Area #1 Reimbursement Agreement, and resolving other matters related thereto. (Director of Economic Development Joey Grisham) 8.Closed Session (Exceptions). Under Tex. Gov't Code Chapter 551, the City Council may enter into Closed Session to discuss any items listed or referenced on this Agenda under the following exceptions: a.Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov’t Code §551.071). Utilities Facilities b.Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov’t Code §551.072). c.Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov’t Code §551.087). d.Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). Boards and Commissions The Council further reserves the right to enter into Executive Session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 9.Consider/Discuss/Action on any items listed on any agenda - work session, regular meeting, or closed session - that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. 10.Adjourn. This is to certify that I, Carrie L. Land, City Secretary, posted this Agenda on the City’s website (www.annatexas.gov) and at the Anna Municipal Complex bulletin board at or before 5:00 p.m. on 04/06/2023. Carrie L. Land, City Secretary Item No. 4.a. City Council Agenda Staff Report Meeting Date: 4/11/2023 Staff Contact: Carrie Land AGENDA ITEM: Proclamation for Non-Profit Appreciation Day on April 22, 2023. (Mayor Nate Pike) SUMMARY: To celebrate and appreciate the work of the nonprofits in our community. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: .April 22, 2023 has been designated as Non-Profit Appreciation Day. STRATEGIC CONNECTIONS: This item has no strategic connection. ATTACHMENTS: 1. 2023-04-22 Proclamation-Non-Profit Appreciation Day City of Anna, Texas Proclamation NON-PROFIT APPRECIATION DAY April 22, 2023 WHEREAS, nonprofit organizations in Collin County, Texas, have worked tirelessly to bring programs, initiatives, and support to our residents for the purpose of relief and enhancing all manners of life; and WHEREAS, it is fitting and proper to formally recognize these magnificent organizations, great and small, with their own day of appreciation; and WHEREAS, Laboring in the Field Together Resources and Referrals (L.I.F.T. R&R) was established with the intent of elevating public awareness of, attracting support for, and connecting nonprofit organizations to those most in need; and WHEREAS, L.I.F.T. R&R as well as other supporters around the world declare that nonprofit work is critical to achieving equity, sustainable quality of life, and overall enhancement of morale; and WHEREAS, we understand and acknowledge that our communities benefit vastly from the passionate engagement and service provided by the nonprofit organizations in the City of Anna, Texas, and abroad. Now, I Nate Pike, Mayor of the City of Anna, do recognize April 22, 2023, as NON-PROFIT APPRECIATION DAY in Anna, Texas and urge all citizens to recognize this day by dedicating ourselves to the task of improving the quality of life for all children and families. In witness, whereof I have hereunto set my hand this 11th day of April, 2023 and called this seal to be affixed. ________________________________________ Nate Pike, Mayor Item No. 5.a. City Council Agenda Staff Report Meeting Date: 4/11/2023 Staff Contact: Ross Altobelli AGENDA ITEM: Discuss proposed multiple-family residence zoning and future Ferguson Parkway realignment (Pecan Grove). (Director of Development Services Ross Altobelli) SUMMARY: Work session item to discuss rezoning a portion of the land area that is part of the original Pecan Grove zoning (Ord. No. 2002-27A) from single-family residential (6,000 s.f. and 7,200 s.f. lots) to MF-1 Multiple-Family Residential - Medium Density. The proposed zoning would allow for one and two unit buildings consisting of one, two, & three bedroom unit types on a single lot. The proposed development layout would also include a modification to the future alignment of Ferguson Parkway, shifting the proposed right-of-way to the east as it traverses through the property and ultimately creating a new intersection at W. Foster Crossing Road. Attached is information associated with the work session item provided by the development group. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: Property owners are seeking direction from City Council on the merits of a zoning request being considered to allow for multiple-family residences and the realignment of future Ferguson Parkway. The Anna 2050 Future Land Use Plan identifies this area as Suburban Living. Multiple- family residence zoning would not be in conformance with the character & intent of this place type. STRATEGIC CONNECTIONS: This item has no strategic connection. ATTACHMENTS: 1. Coastal Ridge - Foster Crossing - City Council Work Session Presentation 2. 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BATH BEDROOM KITCHEN ROOMLIVING W.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHEN ROOMLIVING BEDROOM BATH W.I.C. BEDROOMMASTER BATHMASTER W.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BATHBEDROOMKITCHENROOMLIVINGW.I.C.KITCHEN ROOMLIVING BEDROOM BATH W.I.C. BATH BEDROOM KITCHEN ROOMLIVING W.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHEN ROOMLIVING BEDROOM BATH W.I.C. BATH BEDROOM KITCHEN ROOMLIVING W.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BATHBEDROOMKITCHENROOMLIVINGW.I.C.KITCHEN ROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHEN ROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BATHBEDROOMKITCHENROOMLIVINGW.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BATHBEDROOMKITCHENROOMLIVINGW.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BATHBEDROOMKITCHENROOMLIVINGW.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BATHBEDROOMKITCHENROOMLIVINGW.I.C.KITCHENROOMLIVINGBEDROOMMASTERBATHMASTERW.I.C.BEDROOMBATHBEDROOMKITCHENROOMLIVINGBEDROOMMASTER BATHMASTERW.I.C.BEDROOMBATHBEDROOMKITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHENROOMLIVINGKITCHENROOMLIVINGKITCHEN ROOMLIVING KITCHENROOMLIVINGKITCHEN ROOMLIVINGBEDROOMBATHW.I.C.BATHBEDROOMKITCHENROOMLIVINGW.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BATHBEDROOMKITCHENROOMLIVINGW.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHEN ROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.DOG PARK673.0'KITCHENROOMLIVINGBEDROOMBATHW.I.C.BATHBEDROOMKITCHENROOMLIVINGW.I.C.KITCHEN ROOMLIVING BEDROOM BATH W.I.C. BATH BEDROOM KITCHEN ROOMLIVING W.I.C.+/-201.0'+/-189.0'COMPACTORKITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHEN ROOMLIVING BEDROOMBATHW.I.C.BEDROOMMASTER BATHMASTER W.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BATHBEDROOMKITCHENROOMLIVINGW.I.C.KITCHEN ROOMLIVING BEDROOM BATH W.I.C. BATH BEDROOM KITCHEN ROOMLIVING W.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BATHBEDROOMKITCHENROOMLIVINGW.I.C.KITCHEN ROOMLIVING BEDROOM BATH W.I.C. BATH BEDROOM KITCHEN ROOMLIVING W.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.PARK PARKKITCHENROOMLIVINGBEDROOMMASTERBATHMASTERW.I.C.BEDROOM BATH BEDROOMKITCHENROOMLIVINGBEDROOMMASTERBATHMASTERW.I.C.BEDROOMBATHBEDROOMKITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHEN ROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.ENTRYGATES25' REARSETBACKKITCHENROOMLIVINGBEDROOMMASTERBATHMASTERW.I.C.BEDROOMBATHBEDROOMKITCHENROOMLIVINGBEDROOMMASTERBATHMASTERW.I.C.BEDROOMBATHBEDROOMKITCHEN ROOMLIVINGBEDROOMMASTER BATHMASTER W.I.C. BEDROOM BATH BEDROOMKITCHENROOMLIVINGBEDROOMMASTER BATHMASTERW.I.C.BEDROOMBATHBEDROOMKITCHENROOMLIVINGBEDROOMMASTERBATHMASTERW.I.C.BEDROOMBATHBEDROOMKITCHENROOMLIVINGBEDROOMMASTER BATHMASTERW.I.C.BEDROOMBATHBEDROOMKITCHEN ROOMLIVING KITCHENROOMLIVINGKITCHENROOMLIVINGBEDROOMMASTERBATHMASTERW.I.C.BEDROOMBATHBEDROOMKITCHENROOMLIVINGBEDROOMMASTER BATHMASTERW.I.C.BEDROOMBATHBEDROOMKITCHEN ROOMLIVINGBEDROOMMASTER BATHMASTER W.I.C. BEDROOM BATH BEDROOMKITCHENROOMLIVINGBEDROOMMASTER BATHMASTERW.I.C.BEDROOMBATHBEDROOMVARIANCEREQUESTKITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.25' FRONTSETBACKENTRYGATESKITCHEN ROOMLIVINGBEDROOMBATHW.I.C.BATHBEDROOMKITCHENROOMLIVINGW.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BATHBEDROOMKITCHENROOMLIVINGW.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BATHBEDROOMKITCHENROOMLIVINGW.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BATHBEDROOMKITCHENROOMLIVINGW.I.C.KITCHEN ROOMLIVING BEDROOM BATH W.I.C. BATH BEDROOM KITCHEN ROOMLIVING W.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I .C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHEN ROOMLIVING BEDROOM BATH W.I.C. BEDROOMMASTER BATHMASTER W.I.C. KITCHEN ROOMLIVINGBEDROOMMASTER BATHMASTER W.I.C. BEDROOM BATH BEDROOMKITCHENROOMLIVINGBEDROOMMASTERBATH MASTERW.I.C.BEDROOMBATHBEDROOMKITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHEN ROOMLIVING BEDROOM BATH W.I.C. BEDROOMMASTER BATHMASTER W.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BATHBEDROOMKITCHENROOMLIVINGW.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BATHBEDROOMKITCHENROOMLIVINGW.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BATHBEDROOMKITCHENROOMLIVINGW.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BATHBEDROOMKITCHENROOMLIVINGW.I.C.COV. PARKCOV. PARKCOV. PARKCOV. PARKCOV. PARKCOV. PARK COV. PARKCOV. PARKCOV. PARKCOV. PARK COV. PARK COV. PARK COV. PARK COV. PARK COV. PARK COV. PARK COV. PARK COV. PARK COV. PARKCOV. PARKCOV. PARKCOV. PARK COV. PARKCOV. PARK COV. PARKCOV. PARKCOV. PARKCOV. PARKCOV. PARKCOV. PARK COV. PARK COV. PARK COV. PARK COV. PARK COV. PARKCOV. PARKCOV. PARKCOV. PARKCOV. PARK EXTENSION OFBURL LANE, 50' RWSITE PLAN DATA:BUILD TO RENT SITE = +/- 28.9 AC (GROSS)- +/- 1.1 AC (RW DEDICATION - WEST FOSTER CROSSING)- +/- 0.3 AC (RW DEDICATION - BURL LANE)- +/- 0.3 AC (SETBACK AREAS - BURL LANE)NET = +/- 27.2 AC (USEABLE)DENSITY = 10.4 UNITS / ACREPROPOSED ZONING - MF-1 MULTI-FAMILY (MEDIUM DENSITY)DENSITY ALLOWED:MULTI-FAMILY DENSITY = 12 / UNITS PER ACSETBACKS:REAR YARD - 15' IF NOT ADJACENT TO SINGLE FAMILY25' (ADJ. TO SINGLE FAMILY, 1 STORY)60' (ADJ. TO SINGLE FAMILY, 2 STORY)SIDE YARD-15' IF NOT ADJACENT TO SINGLE FAMILY 25' (ADJ. TO SINGLE FAMILY, 1 STORY)60' (ADJ. TO SINGLE FAMILY, 2 STORY)FRONT YARD -25'BUILD TO RENT DATA:1 AND 2 STORY BUILDINGSPROPOSED UNIT TYPES & MIX1 BR (1 STORY)98 = 35% = 712 SF2 BR (1 STORY)148 = 52% = 981 SF2 BR(2 STORY)8 = 3% = 1,240 SF (OVER 30' HT)3 BR(1 STORY)28 = 10% = 1,275 SFTOTAL UNITS = 282DRIVE AISLE = 24' WIDEPERIMETER WALL - AN 8' HT. MASONRY WALL IS REQUIRED ALONG ALL BOUNDARIES EXCEPT ALONG RW(SEE VARIANCE REQUEST)PARKING REQUIRED = 1 PS PER BEDROOM,PLUS 0.25 / UNIT FOR VISITOR- 50% OF REQUIRED PARKING MUST BE COVERED- 269 PS COVERED WITH EITHER GARAGE OR CANOPY(SEE VARIANCE REQUEST)PARKING SIZE = 9'X20'PARKING REQUIRED = 466 (1 PER BEDROOM)+ 71 (VISITOR PARKING) TOTAL= 537HC PARKING REQ'D= 11(INCLUDED IN ABOVE NUMBER)HC PARKING PROV.= 11PARKING PROVIDED4 BAY GARAGE BUILDINGS= 10PARKING EACH= 4SUBTOTAL= 38 (- 2 FOR MAINTENANCE)TOTAL GARAGE PARKING = 38 (INCLUDES 1 ADA)SURFACE PARKING= 522 PSTOTAL PARKING PROVIDED = 560 (INCL. HC)VARIANCES REQUESTED:1. 1 PARKING SPACE PER BEDROOM2. WAIVER OF TRASH REFUSE FACILITIES WITHIN 250 FEET OF EACH UNIT, REQUEST TO USE A CENTRAL COMPACTOR.3. WAIVER TO REDUCE THE 8' PERIMETER MASONARY WALL TO 6' WOOD FENCE.4. WAIVER OF REAR YARD SETBACK FROM STUB OUT ON FLOWER LANE. YARD TO FOLLOW PROPERTY LINE INSTEAD.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BATHBEDROOMKITCHENROOMLIVING W.I.C.KITCHENROOMLIVINGBEDROOMMASTERBATHMASTERW.I.C.BEDROOMBATHBEDROOMKITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHENROOMLIVINGSTILLWELL ANNA _ CONCEPTUAL SITE PLAN ANNA, TEXASJANUARY 5, 2023NORTH0160SCALE IN FEET80405. 50% COVERED PARKING (GARAGE OR CARPORT) KITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BATHBEDROOMKITCHENROOMLIVINGW.I.C.KITCHENROOMLIVINGBEDROOMMASTERBATHMASTERW.I.C.BEDROOMBATHBEDROOMKITCHENROOMLIVINGBEDROOMMASTERBATHMASTERW.I.C.BEDROOMBATHBEDROOMKITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHEN ROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHEN ROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C. KITCHEN ROOM LIVING BEDROOM BATH W.I.C. BATH BEDROOM KITCHEN ROOMLIVING W.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BATHBEDROOMKITCHENROOMLIVINGW.I.C.KITCHEN ROOMLIVINGBEDROOMMASTER BATH MASTER W.I.C. BEDROOM BATH BEDROOMKITCHENROOMLIVINGBEDROOMMASTER BATHMASTERW.I.C.BEDROOMBATHBEDROOMKITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.1,361 SFFITNESSCLUBHOUSEPOOLAMENITYPARKPARKUNITS DETENTIONPONDTOTAL = +/-3.2 AC(+/-11%)FOUNTAINSKITCHEN ROOMLIVING KITCHENROOMLIVINGKITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHEN ROOMLIVING BEDROOM BATH W.I.C. BEDROOMMASTER BATH MASTER W.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHEN ROOMLIVING BEDROOM BATH W.I.C. BEDROOMMASTER BATHMASTER W.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BATHBEDROOMKITCHENROOMLIVINGW.I.C.KITCHEN ROOMLIVING BEDROOM BATH W.I.C. BATH BEDROOM KITCHEN ROOMLIVING W.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHEN ROOMLIVING BEDROOM BATH W.I.C. BEDROOMMASTER BATHMASTER W.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BATHBEDROOMKITCHENROOMLIVINGW.I.C.KITCHEN ROOMLIVING BEDROOM BATH W.I.C. BATH BEDROOM KITCHEN ROOMLIVING W.I.C.KITCHENROOMLIVINGBEDROOMMASTERBATHMASTERW.I.C.BEDROOMBATHBEDROOMKITCHENROOMLIVINGBEDROOMMASTERBATHMASTERW.I.C.BEDROOMBATHBEDROOMOUT - 2+/-3.4 ACPROPOSED FERGUSON PKWAY 120' RWWEST FOSTER CROSSING ROADENTRYGATES25' FRONTSETBACKCURRENT PROPERTYLINE IS EDGE OF ASPHALT ROAD,FUTURE PROPERTY LINEOFFSET 40' TO FROM CENTER LINE TOPROVIDE 80' RW15' SIDESETBACK25' REARSETBACK15' SIDESETBACK25' REARSETBACK25' FRONT SETBACKKITCHENROOMLIVING BEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.VARIANCEREQUESTKITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHEN ROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHEN 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PARKCOV. PARKCOV. PARK COV. PARKCOV. PARKCOV. PARKCOV. PARK COV. PARK COV. PARK COV. PARK COV. PARK COV. PARK COV. PARK COV. PARK COV. PARK COV. PARKCOV. PARKCOV. PARKCOV. PARK COV. PARKCOV. PARK COV. PARKCOV. PARKCOV. PARKCOV. PARKCOV. PARKCOV. PARK COV. PARK COV. PARK COV. PARK COV. PARK COV. PARKCOV. PARKCOV. PARKCOV. PARKCOV. PARK EXTENSION OFBURL LANE, 50' RWSITE PLAN DATA:BUILD TO RENT SITE = +/- 28.9 AC (GROSS)- +/- 1.1 AC (RW DEDICATION - WEST FOSTER CROSSING)- +/- 0.3 AC (RW DEDICATION - BURL LANE)- +/- 0.3 AC (SETBACK AREAS - BURL LANE)NET = +/- 27.2 AC (USEABLE)DENSITY = 10.4 UNITS / ACREPROPOSED ZONING - MF-1 MULTI-FAMILY (MEDIUM DENSITY)DENSITY ALLOWED:MULTI-FAMILY DENSITY = 12 / UNITS PER ACSETBACKS:REAR YARD - 15' IF NOT ADJACENT TO SINGLE FAMILY25' (ADJ. TO SINGLE FAMILY, 1 STORY)60' (ADJ. TO SINGLE FAMILY, 2 STORY)SIDE YARD-15' IF NOT ADJACENT TO SINGLE FAMILY 25' (ADJ. TO SINGLE FAMILY, 1 STORY)60' (ADJ. TO SINGLE FAMILY, 2 STORY)FRONT YARD -25'BUILD TO RENT DATA:1 AND 2 STORY BUILDINGSPROPOSED UNIT TYPES & MIX1 BR (1 STORY)98 = 35% = 712 SF2 BR (1 STORY)148 = 52% = 981 SF2 BR(2 STORY)8 = 3% = 1,240 SF (OVER 30' HT)3 BR(1 STORY)28 = 10% = 1,275 SFTOTAL UNITS = 282DRIVE AISLE = 24' WIDEPERIMETER WALL - AN 8' HT. MASONRY WALL IS REQUIRED ALONG ALL BOUNDARIES EXCEPT ALONG RW(SEE VARIANCE REQUEST)PARKING REQUIRED = 1 PS PER BEDROOM,PLUS 0.25 / UNIT FOR VISITOR- 50% OF REQUIRED PARKING MUST BE COVERED- 269 PS COVERED WITH EITHER GARAGE OR CANOPY(SEE VARIANCE REQUEST)PARKING SIZE = 9'X20'PARKING REQUIRED = 466 (1 PER BEDROOM)+ 71 (VISITOR PARKING) TOTAL= 537HC PARKING REQ'D= 11(INCLUDED IN ABOVE NUMBER)HC PARKING PROV.= 11PARKING PROVIDED4 BAY GARAGE BUILDINGS= 10PARKING EACH= 4SUBTOTAL= 38 (- 2 FOR MAINTENANCE)TOTAL GARAGE PARKING = 38 (INCLUDES 1 ADA)SURFACE PARKING= 522 PSTOTAL PARKING PROVIDED = 560 (INCL. HC)VARIANCES REQUESTED:1. 1 PARKING SPACE PER BEDROOM2. WAIVER OF TRASH REFUSE FACILITIES WITHIN 250 FEET OF EACH UNIT, REQUEST TO USE A CENTRAL COMPACTOR.3. WAIVER TO REDUCE THE 8' PERIMETER MASONARY WALL TO 6' WOOD FENCE.4. WAIVER OF REAR YARD SETBACK FROM STUB OUT ON FLOWER LANE. YARD TO FOLLOW PROPERTY LINE INSTEAD.KITCHENROOMLIVINGBEDROOMBATHW.I.C.BATHBEDROOMKITCHENROOMLIVING W.I.C.KITCHENROOMLIVINGBEDROOMMASTERBATHMASTERW.I.C.BEDROOMBATHBEDROOMKITCHENROOMLIVINGBEDROOMBATHW.I.C.BEDROOMMASTERBATHMASTERW.I.C.KITCHENROOMLIVINGSTILLWELL ANNA _ CONCEPTUAL SITE PLAN ANNA, TEXASJANUARY 5, 2023NORTH0160SCALE IN FEET80405. 50% COVERED PARKING (GARAGE OR CARPORT)PROPOSED FUTUREFERGUSON PKWYLOCATION Page 15 of 55 12/28/2021 Attachment B – Preliminary Engineering Design Completed by City Note: full preliminary engineering design will be made available to the selected team, including digital files and full size documents. PROPOSED SITE FERGUSON PKWY AS CURRENTLY PLANNED FERGUSON PKWY PROPOSED LOCATION TO ALLOW FOR DEVELOPMENT POTENTIAL COMMERCIAL/RETAIL OUT-LOTS WITH FUTURE ROADWAY EXTENSION RELOCATION OVERVIEW OF LOCATION OF POTENTIAL ROADWAY EXTENSION RELOCATION 1 2 WHAT IS BUILD FOR RENT? Strong Existing Demand for Rental Product among U.S. Households With a strong preference for detached rental product among Renters Source: John Burns Real Estate Consulting 2-9 Unit Apartments: 29% (14M Units) Detached Rental: 39% (19M Units) 10+ Unit Apartments: 31% (15M Units) RENTAL HOUSING SUPPLY BREAKOUT TOTAL U.S. HOUSING Owned: 62% (78M Units) Rented: 38% (48M Units) Rental Product Demand forecasted to increase • Large portion of population entering household formation years • Affordability -Increasing costs of purchasing a home -Lack of inventory 15-19 20-24 35-3930-3425-29 40-44 45-4919.00 19.50 20.00 20.50 21.00 21.50 22.00 22.50 23.00 23.50 Millons of PeopleAge Current US Population by Age Future SFR Demand -3.00% -1.00% 1.00% 3.00% 5.00% 7.00% 9.00% Projected Population Growth Ages 20-34 Ages 35-49 Millions of Millennials are entering their mid 30’s over the next decade, will not be in a position to purchase a home 2020 2030202920282027202620252024202320222021 2020 2030202920282027202620252024202320222021 Source: Moody’s Economy.com 3 A new rental product has evolved to meet the growing demand, Build For Rent. • Historically the majority of rental homes have been operated by mom and pops • This has created an opportunity for traditional Multifamily operators BUILDFOR RENT Purpose Built Communities (Managed like apartments) Scattered home landlords (Part of an SFR portfolio, either institutional or small-scale investor) Townhomes/Plexes Single Family Platted Homes Older Scattered homes New homes Contiguous Communities Horizontal Apartments (Common Plat) 1 TO 2 3 TO 5 6 TO 10 11 TO 100 100+ 77% 11% 5% 5% 2% Majority of rental Homes Owned by Mom-and-Pop Investors (88% own 5 or less units) SFR Market by Distribution Portfolio Size of Investor Owned Homes Source: John Burns Real estate Consulting Source: John Burns Real estate Consulting 4 5 BY COASTAL RIDGE 6 Home isn’t just where the heart is, it’s everything you are. Stillwell is the perfect place to create lasting memories in a real home without the hassle of homeownership. Freedom from a mortgage, freedom from maintenance, and most importantly, the freedom to choose. It’s privacy and peace of mind, while giving you the time to do what’s important to you. It’s authenticity, connectivity, and convenience, all in a community that is anything but ordinary. It’s dressing up and settling down. It’s “what a mess” and “we are blessed.” Gourmet dinners and leftover lunches. It’s board games and streaming; dance parties and fashion shows. It’s being front and center at your backyard barbeque. The rich sounds of laughter, and the sweet sound of silence. It’s you. Welcome Home 7 The Stillwell brand has been carefully crafted to embody the promise that we make to our residents. Our residents are looking for much more than stone countertops and stainless steel appliances. They want the feeling of living in a single-family home while having the flexibility and hassle-free lifestyle that renting provides. They want the same privacy and outdoor space that comes with homeownership, without committing to a mortgage or long-term maintenance. They want a sense of sanctuary, while being part of a community with real connectivity and neighbors they love. Our promise is to deliver on all of these aspects to the best of our ability, day in and day out. In order for us to succeed, we must commit to our promise every single day. 8 Sanctuarywithout strings. 9 10 COASTAL RIDGE DEVELOPMENT STRATEGY Coastal Ridge Development is excited to announce a proven and innovative multifamily housing concept within the Build-for-Rent sector, Stillwell by Coastal Ridge. Often referred to as a Horizontal Apartment or Cottage Community, Stillwell consists of free-standing one- and two-story single family and townhome style residential units. Each home features a private first floor entrance and private yards, while utilizing shared parking similar to a typical garden apartment community layout. Programmed with a resort-style amenity package that boasts running and walking trails, state of the art clubhouse, pool, fitness center, and outdoor spaces, Stillwell provides the privacy of a single-family home, and the amenities, professional management, and ease of living of a traditional apartment community. By leveraging the scale of Coastal Ridge’s vertically integrated property management and operational platform throughout the country, along with deep rooted relationships across a variety of institutional partners, we’ve created a programmatic brand that can be replicated across multiple markets. OVERVIEW: Project size of 175 – 300 units with target density of 10 – 12 units per acre Projects located both within master planned communities and stand alone Onsite leasing and property management by Coastal Ridge Resort style amenities Homes utilize smart design principles that maximize space and incorporate a clean, modern, and upscale aesthetic each with a private fenced in yard. 11 TARGET DEMOGRAPHICS Stillwell attracts a wide range of residents who are looking for a more private option compared to what they would experience in a traditional apartment community. These homes also offer an alternative to homeownership for those looking for a more simple and flexible option when relocating. Livable floorplans, modern amenities, and private outdoor spaces appeal to the wants and needs of multiple demographic groups. MILLENNIALS EMPTY NESTERS YOUNG FAMILIES SINGLE YOUNG PROFESSIONALS 12 Current Experience Target Markets TARGET MARKETS Active Projects 13 SITE PLANS STILLWELL AT WELLEN PARK Sarasota, FL MSA STILLWELL AT AVERY CENTRE Austin, TX MSA STILLWELL JEROME Columbus, OH MSA 14 AERIAL VIEW STILLWELL AT WELLEN PARK Sarasota, FL MSA STILLWELL AT AVERY CENTRE Austin, TX MSA 15 AMENITIES VIEW STILLWELL AT WELLEN PARK Sarasota, FL MSA STILLWELL AT AVERY CENTRE Austin, TX MSA STILLWELL JEROME VILLAGE Columbus, OH MSA 16 COMMUNITY FEATURES PET PARK FITNESS CENTER FIRE PIT & COMMUNITY GATHERING SPACE RESORT STYLE POOL ELECTRIC CAR CHARGER GRILLING STATION COMMUNITY PARKS & GREEN SPACE 17 UNIT ELEVATIONS Stillwell at Avery Centre (Austin, TX MSA)ONE BEDROOM TOWNHOMETWO BED 18 UNIT ELEVATIONS Stillwell at Avery Centre (Austin, TX MSA)TWO BED - TWO STORYTHREE BED 19 SMART HOMES USB CHARGING UNIT FEATURES PRIVATE UNIT ENTRIES FRONT LOAD WASHERS TILE BACKSPLASH IN KITCHEN & BATHROOMS PRIVATE BACKYARDS LVT WIDE PLANK FLOORING 20 21 $4.0B ASSETS UNDER MANAGEMENT 800+ REAL ESTATE PROFESSIONALS 35,000+ UNITS & BEDS CONVENTIONAL APARTMENTS STUDENT HOUSING BUILD-FOR-RENT SCATTERED SITE APARTMENTS Columbus, Ohio headquartered full-service real estate investment firm, with additional offices in Santa Barbara, CA and Santa Rosa Beach, FL Vertically-integrated platform executes investment and development strategies and oversees property management and construction management. Strictly residential focused strategy investing in conventional multifamily, student housing, build- for-rent, and scattered site residential properties. COASTAL RIDGE OVERVIEW 22 Coastal Ridge was founded with an entrepreneurial spirit and a drive to build a best in class real estate investment, management, and development company. Since 2013 we’ve grown into a company with: $4.0B IN ASSETS UNDER MANAGEMENT 35,000+ CONVENTIONAL UNITS AND STUDENT BEDS & COASTAL RIDGE HISTORY • $2.4 Billion AUM • 500+ Associates • Moved home office to downtown Columbus 2021 • Crested $3.0B AUM • 700+ Associates • Launched Stillwell Brand • Acquired Peak Property Group • Launched New Coastal Ridge Brand 2020 2019 • $2.1 Billion AUM • 500 Associates • $1.7 Billion AUM • 450 Associates • First institutional JVs with Goldman & Heitman 2018 2017 • $1.4 Billion AUM • 350 Associates • $900 Million AUM • 300 Associates 2016 2015 • $500 Million AUM • 120 Associates • $200 Million AUM • 65 Associates 2014 2013 • Coastal Ridge was Founded • $90 Million AUM • 35 Associates 23 EXECUTIVE TEAM PARTNERS AND BOARD OF DIRECTORS ANDREW LALLATHIN CO-FOUNDER, MANAGING PARTNER PATRICK MCBRIDE CO-FOUNDER, MANAGING PARTNER JAMES HARKRIDER CO-FOUNDER BEN TEXLER PRESIDENT OF COASTAL RIDGE, PARTNER DEVELOPMENT TEAM JERIMI NUCKOLLS DIRECTOR OF DEVELOPMENT/PRINCIPAL CHRISDUSSEAU MANAGING DIRECTOR, GENERAL COUNSEL ANTHONYDAVIDSON DIRECTOR OF DEVELOPMENT MEAGAN SCHREFFLER VICE PRESIDENT OF OPERATIONS - NEW DEVELOPMENT JIM HENDRIX DIRECTOR OF LAND ACQUISITION MITCHELL POLNET CAPITAL MARKETS MANAGER DEVELOPMENT CASE PHILLIPS CONSTRUCTION ASSOCIATE JOHN LERDAHL DEVELOPMENT MANAGER TERRY HARSHMAN DIRECTOR OF CONSTRUCTION 24 OUR EQUITY PARTNERS OUR LENDING PARTNERS EQUITY & LENDING PARTNERS 25 CONTACT 80 E. Rich Street, Suite 120 Columbus, OH 43215 614.339.4608 phone 1701 E. County Highway 30A Unit 201C Santa Rosa Beach, FL 32459 Item No. 5.b. City Council Agenda Staff Report Meeting Date: 4/11/2023 Staff Contact: Dean Habel AGENDA ITEM: Discuss Golf Cart Usage and the Prospect of a Future City Ordinance (Police Chief Dean Habel & City Attorney Clark McCoy) SUMMARY: Discuss Golf Cart Usage and the Prospect of a Future City Ordinance FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: Council advised at a previous meeting that they would like to discuss golf cart usage and the prospect of passing a future city ordinance. STRATEGIC CONNECTIONS: This item has no strategic connection. ATTACHMENTS: 1. Council-Golf Carts Golf Cart Discussion State Allowed Usage •In a master planned residential community with a uniform set of restrictive covenants and a county or municipality approved plat, and an HOA that has authority to charge dues •On a highway with a posted speed limit of 35 mph, during the daytime and not more than five miles from the location where it is usually parked for transportation to and from a golf course •To cross intersections, including an intersection with a highway that has a posted speed limit of more than 35 mph. State Required Equipment •Headlamps •Tail lamps •Reflectors •Parking brake •Mirrors Additional •Cities may authorize operation of Golf Carts on roads within the boundaries of the city as follows: •The Golf Cart must display a county issued Golf Cart license plate when operated on roads authorized by the city; and •Operation may be authorized only on roads with a speed limit of 35 mph or less. QUESTIONS Item No. 6.a. City Council Agenda Staff Report Meeting Date: 4/11/2023 Staff Contact: Carrie Land AGENDA ITEM: Approve City Council Meeting Minutes for March 28, 2023. (City Secretary Carrie Land) SUMMARY: Approve City Council Meeting Minutes for March 28, 2023. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: Approve City Council Meeting Minutes for March 28, 2023. STRATEGIC CONNECTIONS: This item has no strategic connection. ATTACHMENTS: 1. CCmin2023-03-28 Regular City Council Meeting Meeting Minutes Tuesday, March 28, 2023 @ 6:00 PM Anna Municipal Complex - Council Chambers 120 W. 7th Street, Anna, Texas 75409 The City Council of the City of Anna met on 03/28/2023 at 6:00 PM in the Anna Municipal Complex-Council Chambers, located at 120 W. 7th Street, to consider the following items. 1. Call to Order, Roll Call, and Establishment of Quorum. Mayor Pike called the meeting to order at 6 PM. Members Present: Mayor Nate Pike Council Member Kevin Toten Council Member Danny Ussery Council Member Pete Cain Members Absent: Mayor Pro Tem Lee Miller Deputy Mayor Pro Tem Randy Atchley Council Member Stan Carver 2. Invocation and Pledge of Allegiance. Mayor Pike led the Invocation and Pledge of Allegiance. 3. Neighbor Comments. No comments were given. 4. Reports. a. Recognition of Micah Noah Martinez. (Mayor Nate Pike) Micah Noah Martínez is a resident of Anna who placed third in the 14/15- year-old Punt, Pass & Kick national championship that was held in Tampa, Florida on January 28, 2023. b. Preview 2022 State of the City Video. (Interim City Manager Ryan Henderson) Every year since 2019, the Mayor has given the State of the City. This year's State of the City was filmed to capitalize on the organization's presence on the variety of social media platforms used to engage our neighbors. 5. Consent Items. MOTION: Council Member Toten moved to approve items 5.a.-e. Council Member Ussery seconded. Motion carried 4-0. a. Approve City Council Meeting Minutes for March 14, 2023. (City Secretary Carrie Land) b. Review Minutes from the February 27, 2023 Parks Advisory Board Meeting. (Assistant Director of Neighborhood Services Jeff Freeth) c. Approve a Resolution awarding the Primary Bank Depository Services to Independent Financial. (Finance Director Alan Guard) Chapter 105 (the "Depositories for Municipal Funds" Act) of the Local Government Code governs the process for selection and award of depository bank services and contracts. Valley View Consulting, L.L.C. has provided their expertise and assistance to address this statutory requirement. The City received three proposals for primary bank depository services, Independent Financial, Cadence Bank, and First State bank. Finance staff along with Valley View Consulting have reviewed the proposals submitted by each of the parties. Staff recommended that City Council approve the resolution awarding the primary bank depository services agreement to Independent Financial. A RESOLUTION OF THE CITY OF ANNA, TEXAS AWARDING THE PRIMARY DEPOSITORY BANK SERVICES CONTRACT TO INDEPENDENT FINANCIAL AND AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY’S BEHALF IN EXECUTING THE AGREEMENTS d. Approve Monthly Financial Report for the Month Ending February 28, 2023. (Budget Manager Terri Doby) The City of Anna's financial policies require the publication of a financial report monthly. This report covers the financial performance for Fiscal Year 2023 through February 28, 2023. The report is an executive dashboard that provides a high level look at major funds along with detailed reporting of sales tax collections. The financial condition of the City remains strong and the reported funds adhere to fund balance requirements. e. Approve an Ordinance amending the FY2023 Budget to appropriate funding for stormwater program services, and additional promotional expense funding for economic development. (Budget Manager Terri Doby) The proposed budget amendment includes funding for the following purposes: • The City of Anna adopted a Stormwater Utility fee on April 12, 2022 that was implemented beginning October, 2022. With six months of history, staff is confident in projecting future revenue and beginning to program expenses. Budgeting the Stormwater Utility fee will allow the City to complete many needed maintenance and improvement projects. This budget amendment will add the following additional staff: • Two additional Maintenance Worker positions (2 FTEs) to provide stormwater maintenance and improvement projects including the maintenance of drainage systems, replacement of undersized and inadequate storm systems, and the improvement of flood prone areas. Other additional expenditures include: • Community Development ($39,511) Increase to promotion expense • Economic Development ($21,147) Increase to promotion expense AN ORDINANCE AMENDING ORDINANCE NO. 1002-2022 ADOPTING THE BUDGET FOR THE 2022-2023 FISCAL YEAR; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. 6. Items For Individual Consideration. a. Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance for a Specific Use Permit for a Kennel (no outside pens) on a portion of one lot on 4.7± acres located on the east side of Victoria Falls Drive, 205± feet north of W. White Street. (Planner II Salena Tittle) The applicant requested a Specific Use Permit (SUP) for a Kennel (no outside pens). The Zoning Ordinance defines a kennel as: Any structure, lot, or premises on which four or more dogs, cats, or other domestic animals more than four months of age are housed or accepted for boarding, breeding, training, selling, grooming and/or bathing for which remuneration is received. The subject property is a multi-tenant shopping center zoned Planned Development-C-2 General Commercial (Ord. No. 119-2003). The applicant, Paw of the Family, is a current tenant in one of the suites is looking to expand their business to offer more services which fall under the definition of a kennel. Surrounding Land Use and Zoning North Residential subdivision zoned PD-Single Family Residential (PD-R- 1) (Ord No. 2001-23) East Residential subdivision zoned PD-SF-72 Single Family Residential (PD-SF72) (Ord. No. 673-2014) South Bank zoned PD-C-2 General Commercial (PD-C-2) (Ord. No. 119- 2003) West Vacant lot zoned PD-C-2 General Commercial (PD-C-2) (Ord. No. 119-2003) Specific Use Permit The Zoning Ordinance designates certain uses as requiring a Specific Use Permit (SUP) to allow the Planning & Zoning Commission and City Council to review requests on a case-by-case basis as to its probable effect on the adjacent property and the community welfare. The request may be approved or denied as the findings indicate appropriate with regard to the health, safety and welfare of the general public. The Zoning Ordinance allows for the use of a kennel within the C-2 General Commercial district with the approval of a Specific Use Permit (SUP). Mayor Pike opened the public hearing at 6:14 PM. No comments were given. Mayor Pike closed the public hearing at 6:15 PM. MOTION: Council Member Toten moved to approve. Council Member Cain seconded. Motion carried 4-0. AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY’S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND APPROVING A SPECIFIC USE PERMIT ON CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. b. Consider/Discuss/Action on a Resolution approving the emergency purchase of materials, labor, and services for the construction of a sanitary sewer main near Slayter Creek in the City of Anna, Texas. (Interim Assistant City Manager Greg Peters, P.E.) The City of Anna is currently under construction for a new splash pad to replace an old splash pad in Slayter Creek Park. The old splash pad discharged chlorinated water from the facility into an existing drainage channel within the park. This is not in conformance with TCEQ guidelines regarding how to properly handle discharge from aquatic facilities. As such, the new splash pad must have a connection to a public sanitary sewer main, so that the discharge is properly conveyed to a wastewater treatment facility. Due to the short project timeline, the city did not have reasonable time to go through the standard process of design-bid-build for this sewer extension. City staff coordinated with the City Attorney to confirm that the emergency extension of a sewer main to the facility meets State Law requirements regarding emergency purchases. Staff reached out to reputable contractors experienced with performing this type of work in the region. Quirino Construction was the first to respond and are able to mobilize immediately to ensure the project could be completed as fast as possible. Quirino Construction has mobilized to the site and begun work. This item authorizes the City Manager to execute purchase orders for the construction and survey work associated with the extension of the sewer line. City staff is overseeing the project and providing engineering guidance under the direction of the Interim Assistant City Manager Greg Peters, P.E., who is a Licensed Professional Engineer in the State of Texas. MOTION: Council Member Toten moved to approve. Mayor Pike seconded. Motion carried 4-0. A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE PURCHASE ORDERS FOR A SANITARY SEWER MAINTENANCE CONSTRUCTION PROJECT AS SHOWN IN EXHIBIT “A” ATTACHED HERETO, IN THE AMOUNT NOT TO EXCEED ONE HUNDRED THIRTY FIVE THOUSAND DOLLARS AND ZERO CENTS ($135,000); AND PROVIDING FOR AN EFFECTIVE DATE. c. Consider/Discuss/Action on a Resolution awarding the Phase 1 Downtown Utility Rehabilitation Project to Canary Construction. (CIP Manager Justin Clay) The City of Anna approved Resolution 2022-04-1157 authorizing the execution of professional services to Grantham & Associates for the Downtown Utility Rehabilitation project. The consultant and city staff have been working on preparing plans and construction documents for the rehabilitation of key water and sewer systems in downtown over the past year. Phase 1 of the project has been bid and is ready for construction. The city publicly advertised the project and opened bids on March 10, 2023. Seven bids were received, with the lowest qualified bid from Canary Construction, in the amount of $325,333.00. Staff recommended a total budget of $365,333.00 for the project to provide $40,000 in contingencies. The funding source is the Coronavirus Local Fiscal Recovery as shown in the Fiscal Year 2022-2023 Budget. The contractor will be installing new water mains on Riggins from 4th Street to 7th Street, and from 7th Street to Interurban. A new sewer line will also be installed on Interurban, crossing under 5th Street. The 2nd phase of the project will include a larger scope of utility replacements, and is planned to be advertised for bid later this year. MOTION: Council Member Cain moved to approve. Council Member Toten seconded. Motion carried 4-0. A RESOLUTION OF THE CITY OF ANNA, TEXAS AWARDING THE BID FOR PHASE 1 OF THE DOWNTOWN UTILITY REHABILITATION PROJECT TO CANARY CONSTRUCTION, INCORPORATED IN THE AMOUNT NOT TO EXCEED THREE HUNDRED SIXTY FIVE THOUSAND THREE HUNDRED THIRTY THREE DOLLARS ($365,333.00); AND PROVIDING FOR AN EFFECTIVE DATE. d. Consider/Discuss/Action on a Resolution authorizing the City Manager to execute Professional Services Project Order number PARKS8 for the design of trail system improvements adjacent to the Pecan Grove Subdivision. (Parks Planning & Development Manager Dalan Walker) The proposed design services include the development of 100% construction documents for a 10' wide concrete trail between Luscombe Lane and Leslie Drive. The proposed trail segments run the length of Pecan Grove Park. Jacobs Engineering will also provide 10% plans for a connection to the Park Place trail to the north, which will require a bridge crossing. They will also perform a hydraulic analysis to determine the location of bridge abutments and the specifications of the bridge. MOTION: Council Member Toten moved to approve. Mayor Pike seconded. Motion carried 4-0. A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A TASK ORDER FOR THE DESIGN OF A NEW HIKE AND BIKE TRAIL ADJACENT TO THE PECAN GROVE SUBDIVISION IN THE AMOUNT NOT TO EXCEED ONE HUNDRED FOURTEEN THOUSAND DOLLARS ($114,000.00); AND PROVIDING FOR AN EFFECTIVE DATE. 7. Closed Session (Exceptions). Under Tex. Gov't Code Chapter 551, the City Council may enter into Closed Session to discuss any items listed or referenced on this Agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov’t Code §551.071). Utility Facilities b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov’t Code §551.072). c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov’t Code §551.087). d. Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). Boards and Commissions MOTION: Mayor Pike moved to enter closed session. Council Member Toten seconded. Motion carried 4-0. Mayor Pike recessed the meeting at 6:29 PM. Mayor Pike reconvened the meeting at 6:44 PM. The Council further reserves the right to enter into Executive Session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 8. Consider/Discuss/Action on any items listed on any agenda - work session, regular meeting, or closed session - that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. 9. Adjourn. Mayor Pike adjourned the meeting at 6:44 PM. Approved on the 11th day of April 2023 ________________________________ ATTEST: Mayor Nate Pike ______________________________ City Secretary Carrie L. Land Item No. 6.b. City Council Agenda Staff Report Meeting Date: 4/11/2023 Staff Contact: Ross Altobelli AGENDA ITEM: Review minutes of the March 6, 2023 Planning & Zoning Commission Meeting. (Director of Development Services Ross Altobelli) SUMMARY: Minutes from the March 6, 2023 Planning & Zoning Commission Meeting. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Planning & Zoning Commission approved the minutes at the April 3, 2023 Planning & Zoning Commission meeting. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Excellent. ATTACHMENTS: 1. 03-06-2023 PZ Minutes Page 1 of 4 MINUTES PLANNING AND ZONING COMMISSION March 6, 2023 The Planning and Zoning Commission of the City of Anna held a meeting at 7:0 0 p.m. on March 6, 2023, at the Municipal Complex located at 120 W. 7th Street, to consider the following items. 1. Call to Order and Establishment of Quorum The meeting was called to order at 7:00 p.m. Commissioners present were Kelly Patterson-Herndon, Dennis Ogan, David Nylec, and Paul Wenzel. Commissioners Michelle Clemens, Staci Martin and Douglas Hermann were absent. Staff present were Ross Altobelli and Salena Tittle. Councilman Pete Cain was also in attendance. 2. Invocation and Pledge of Allegiance Commissioner Ogan gave the invocation and led the Pledge of Allegiance. 3. Citizen Comments: At this time, any person may address the Planning and Zoning Commission regarding an item on this meeting agenda that is not scheduled for public hearing. Also, at this time any person may address the Commission regarding an item that is not on this meeting agenda. Each person will be allowed up to three (3) minutes to speak. No discussion or action may be taken at this meeting on items not listed on this agenda, other than to make statements of specific factual information in response to a citizen’s inquiry or to recite existing policy in response to the inquiry. There were no speakers. 4. Location Map Consent Items A motion was made by Commissioner Wenzel, seconded by Commissioner Ogan to recommend approval of consent items 5-17. The vote was unanimous. 5. Consider/Discuss/Action to approve minutes of the February 6, 2023 Planning & Zoning Commission Meeting. 6. Consider/Discuss/Action on the Nelson Ranch, Block A, Lots 1-6 & Block B, Lot 1, Amending Plat. Applicant: Steve and Sandra Nelson. 7. Consider/Discuss/Action on the Anna Fire Station No. 2, Block A, Lot 1, Minor Plat. Applicant: City of Anna. 8. Consider/Discuss/Action on the Anacapri Laguna, Phase 1, Block A, Lots 1, 2, 3, 4, & 5, Final Plat. Applicant: Anacapri Laguna Azure, LLC. 9. Consider/Discuss/Action on the Anna Ranch, Phase 1C, Final Plat. Applicant: Jordan Horn / Gehan Homes Ltd. 10. Consider/Discuss/Action on the Rodriguez Estates, Block A, Lots 1 & 2, Final Plat. Applicant: J. Roberto Rodriguez. Page 2 of 4 11. Consider/Discuss/Action on The Grace and Peace Addition, Block A, Lot 1, Final Plat. Applicant: Matt Wood / Grace and Peace Presbyterian Church. 12. Consider/Discuss/Action on the Anna Town Center Addition, Block A, Lots 6R & 12, Replat. Applicant: Brian Bischoff / Chief Partners. 13. Consider/Discuss/Action on the Willow Creek Addition, Phase 1B, Block G, Lots 1R & 2, Replat. Applicant: Marcus Property Company LLC. 14. Consider/Discuss/Action on the Willow Creek Addition, Phase 1B, Block G, Lots 1R & 2, Revised Site Plan. Applicant: Marcus Property Company LLC. 15. Consider/Discuss/Action on the Anna Station, Block A, Lot 1, Preliminary Plat. Applicant: Anna 1340 Holding LLC. 16. Consider/Discuss/Action on the Chambers Grove, Revised Preliminary Plat. Applicant: Stratford Group. 17. Consider/Discuss/Action on the Arden Park Phase 1, Block C, Lot 1X, Site Plan. Applicant: Arden Park Owner TX LLC, a Delaware Limited Liability Company. Items for Individual Consideration 18. Conduct a Public Hearing/Consider/Discuss/Action on a request for a Specific Use Permit on a portion of one lot on 4.7± acres located on the east side of Victoria Falls Drive, 205± feet north of W. White Street to allow for a Kennel (no outside pens). Applicant: RGR Development Company LP. Mrs. Tittle introduced the item. The applicant is requesting approval of a specific use permit in order to allow for a kennel with no outside pens. Commissioner Nylec asked if the proposed business would also include veterinary services. Mrs. Tittle deferred to the applicant. The Public Hearing was opened at 7:05 p.m. The applicant, Mr. Ryan Meeks, approached the podium and advised the Commission that his business was seeking approval of the specific use permit to expand their pet supply and dog grooming business and to provide day care services. He answered Commissioner Nylec’s previous question that they would not be offering veterinarian services but maybe in the future. The maximum number of dogs at any given time would not exceed 30 dogs. Commissioner Ogan asked how many employees they were going to have. Mr. Meeks answered that they currently have five employees and will be seeking to hire six additional employees for the daycare and three additional groomers. Commissioner Wenzel asked the applicant what they would be doing to ease concerns about noise. Mr. Meeks stated that they will be using rubber flooring and are currently installing five-inch drywall with R-13 installation. Page 3 of 4 Chairwoman Patterson-Herndon asked if the employees would be taking the dogs outside to relieve themselves. Mr. Meeks informed the Commission that the entire operation would be contained indoors, drainage being cut into the concrete, and utilize industrial “potty-parks”. Chairwoman Patterson-Herndon asked the applicant to explain how they clean the floors. Mr. Meeks explained that the business already has an industrial floor scrubber and uses the same cleaning agents as a veterinary clinic. The potty parks also have sprinklers to help disperse the cleaning solution and kill bacteria and all solid waste will be picked up by employees. Commissioner Ogan inquired if the groomers will be licensed. The applicant educated the Commission that grooming services are not regulated by the state but will be experienced and would receive training from the American Red Cross certification for pets and animals. Additionally, they will have emergency plans. Commissioner Nylec asked if the Fire Department needed to be involved because of overnight care of the animals. Mr. Altobelli explained that the Fire Department is involved anytime an interior remodel of an existing structure occurs. Chairwoman Patterson-Herndon asked about ventilation. Mr. Meeks stated it would be a separate system. The applicant’s contractor, David Moya, answered the Commission’s question regarding the 7.5-ton ventilation system that will be reviewed by the Building Official and Fire Department. Commissioner Ogan expressed concern regarding only two people watching 30 dogs. The applicant stated that they would not board more than 8 dogs overnight. The business will hire additional staff for the daycare’s open hours from 7 a.m. to 7 p.m. The applicant stated all employees would receive training from the American Red Cross and the business will exceed best practices for grooming and kenneling as defined by the International Boarding and Pet Services Association. Commissioner Nylec asked if the daycare would be similar to Camp Bow Wow. The applicant confirmed that it was similar to that and Dogtopia. Commission Ogan questioned if the customers using the daycare service would also use the grooming. Mr. Meeks clarified that they are separate services, but it would be possible for a customer to choose to use both services or only one. Mrs. Tittle stated that staff received one letter in opposition regarding pet waste. Chairwoman Patterson- Herndon stated that the question had been answered by the applicant. The Public Hearing was closed at 7:14 p.m. A motion was made by Chairwoman Patterson-Herndon, seconded by Commissioner Nylec to recommend approval of the Specific Use Permit request. The motion passed with a 3-1 vote. Item No. 6.c. City Council Agenda Staff Report Meeting Date: 4/11/2023 Staff Contact: Ross Altobelli AGENDA ITEM: Approve a Resolution regarding the Burnco Addition, Block A, Lot 1, Final Plat. (Director of Development Services Ross Altobelli) SUMMARY: Permanent concrete batch plant on one lot on 26.3± acres, located on the east side of County Road 419, 350± feet north of E. Foster Crossing Road. Zoned I-2 Heavy Industrial District with Specific Use Permit for a permanent concrete batching plant (Ord. No. 995-2022). The purpose for the Final Plat is to dedicate right-of-way, lot and block boundaries, and easements necessary for the permanent concrete batch plant development. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Final Plat is in conformance with the city’s Subdivision Regulations and Zoning Ordinances. The Planning and Zoning Commission recommended approval subject to additions and/or alterations to the engineering plans as required by the Public Works Department. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Locator Map 2. RESOLUTION - (FP) Burnco Addition, Block A, Lot 1 3. EXHIBIT A (STAMPED)- FP (Burnco Addition, Block A, Lot 1) STONETRAIL CIRQUANTUM CIRCEDAR MEADOW DR E FOSTER CROSSING RD COUNTYROAD419KEITH LN Copyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 400 800200 Feet March 2023 H:\Notification Maps\Notification Maps\ Final Plat - Burnco Addition, Block A, Lot 1 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING BURNCO ADDITION, BLOCK A, LOT 1, FINAL PLAT. WHEREAS, in order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the “City Council”) has adopted Article 9.02 of the Anna City Code of Ordinances (“Subdivision Regulations”); and Article 9.04 (“Zoning Ordinance”) of the Anna City Code of Ordinances; and WHEREAS, Tricycle Lane Texas, LLC / Burnco Texas, LLC, has submitted an application for the approval of the Burnco Addition, Block A, Lot 1, Final Plat; and WHEREAS, Burnco Addition, Block A, Lot 1, Final Plat conforms to the existing zoning; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Final Plat The City Council hereby approves the Burnco Addition, Block A, Lot 1, Final Plat attached hereto as Exhibit A subject to additions and/or alterations to the engineering plans as required by the Public Works Department. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 11th day of April, 2023. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie L. Land Mayor, Nate Pike SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SL SLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLS 01°07'23" E 740.67' S 02°57'08" W 830.00'N 87°39'18" W 1458.18'S 01°06'00" E 750.53'S 89°22'19" E 688.22'CALLED 29.639 ACRESGOPLIN LAND COMPANY, LLCDOC. NO. 20160531000672740O.P.R.C.C.T.EXHIBIT A CALLED 396.7 ACRES QJR PARTNERSHIP, LTD DOC. NO. 20090420000443550 O.P.R.C.C.T.CALLED 178.888 ACRESMARK E. LOVVORN AND LYNN CRAFTDOC. NO. 20080102000000140O.P.R.C.C.T.TRACT TWOCALLED 11.74 ACRESWILLIAM ENOX AND MARY ENOXDOC. NO. 20190904001084220O.P.R.C.C.T.CALLED 11.757 ACRESGRAYSON-COLLIN ELECTRICCOOPERATIVE, INCDOC. NO. 2005081600135350O.P.R.C.C.T.CALLED 26.200 ACRESTRICYCLE LANE TEXAS, LLCDOC. NO. 20141001001073580O.P.R.C.C.T.LOT 1,BLOCK A25.32 AC1,102,982 SQ.FT.POINT INHACKBERRYTREESQUARE1/2"IPFLEANING1/2"IRF5/8"IRFS 88°51'00" W150.58'POBS 89°49'53" E 868.63'N 02°57'08" E 704.79'COLLIN COUNTY ROAD NUMBER 419TEXAS POWER & LIGHTRIGHT-OF-WAY EASEMENTVOLUME 1328, PAGE 252D.R.C.C.T.24' FLAUE24' FLAUE24' FLAUE24' FLAUE24' FLAUE 35' BUILDINGSETBACKSLSLSLHIRAM BRINLEE SURVEY,ABSTRACT NO. 30AREA OFUNKNOWNOWNERSHIPGWYN MORRISON SURVEY,ABSTRACT NO. 559APPROXIMATE LOCATIONOF SURVEY LINEGWYN MORRISON SURVEY,ABSTRACT NO. 559PKSCOLLIN COUNTYROAD NUMBER 419120.50'TEMPORARY FLAUE(HATCHED AREA)TEMPORARY FLAUE(HATCHED AREA)30.0'30.0'30.07'24' FLAUE24' FLAUE85.58'35.00'305.77'35.00'32.17'C2C3C4C5C6C7C8C9C10C11 C12C13 C14C15C16C17 C18C19 C20C21C22C23C24C25C26 L1L2L3L4L5L6L7L8L9L10L11L12L13 L14L15 L16L17L18L19L20L21L22 L23L24L25L26L27 WOODFENCEPOSTCL CL CLC1N 02°57'08" E 449.20'578.56'290.07'N 84°54'41" E 349.15'RIGHT-OF-WAYDEDICATION1.00 AC43,508 SQ.FT.45.0'35' BUILDINGSETBACKAPPROXIMATECENTERLINEOF ROADWAYDrafterProjectDateEN03/08/20232206.029VICINITY MAP(NOT TO SCALE)EAGLE SURVEYING, LLC222 S. Elm Street, Suite: 200Denton, TX 76201(940) 222-3009TX Firm #10194177SURVEYOREagle Surveying, LLCContact: Brad Eubanks222 S. Elm Street, Suite: 200Denton, TX 76201(940) 222-3009OWNERTRICYCLE LANE TEXAS, LLCContact: Paul Rouse8505 Freeport Pkwy, Suite 190Irving, Texas 75063(972) 893-6070PAGE 1 OF 1N1.) The purpose of this plat is to create an official lot of record from a tract of landand to add easements.2.)This property is located in "Non-shaded Zone X" according to the F.E.M.A. FloodInsurance Rate Map dated June 2, 2009 as shown on Map Number48085C0160J.3.)The grid coordinates shown on this plat are based on GPS observations utilizingthe AllTerra RTKNET Network. North American Datum of 1983 (AdjustmentRealization 2011) State Plane Coordinate System (Texas North Central Zone -4202).4.)Selling a portion of this addition by metes and bounds is a violation of CityOrdinance and State Law, and is subject to fines and/or withholding of utilitiesand building permits.5.) All interior property corners are marked with a 1/2-inch iron rod with a greenplastic cap stamped "EAGLE SURVEYING" unless noted otherwise.6.)The bearings shown on this plat are based on GPS observations utilizing theAllTerra RTKNET Network. North American Datum of 1983 (AdjustmentRealization 2011).GENERAL NOTESAPPROVED by the City of Anna City Council on this________ day of _________________________, 2023._____________________________________MayorATTEST:_____________________________________City SecretaryCERTIFICATE OF APPROVALOWNER'S CERTIFICATESTATE OF TEXAS§COUNTY OF COLLIN§WHEREAS, TRICYCLE LANE TEXAS, LLC, is the owner of a 26.32 acre tract of land situated in the HIRAM BRINLEE SURVEY, ABSTRACT NUMBER 30, City of Anna, Collin County, Texas, being a called 26.200 acre tract of land describedin Special Warranty Deed to TRICYCLE LANE TEXAS, LLC, recorded in Document Number 20141001001073580 of the Official Public Records of Collin County, Texas, and being more particularly described by metes and bounds as follows:BEGINNING at a 5/8" iron rod found in or near the centerline of Collin County Road 419, being in the south line of a called 11.74 acre tract of land described in Warranty Deed with Vendor's Lien to WILLIAM ENOX and MARY ENOX, recordedin Document Number 20190904001084220 as Tract Two of the Official Public Records of Collin County, Texas, being the northeast corner of a called 11.757 tract of land described in Warranty Deed to GRAYSON-COLLIN ELECTRICCOOPERATIVE, INC., recorded in Document Number 20050816001135350 of the Official Public Records of Collin County, Texas, being the northwest corner of said 26.32 acre tract;THENCE, S89°49'53"E, partially in said Collin County Road 419, being the south lines of said 11.74 acre tract and a called 178.888 acre tract of land described in Warranty Deed to Mark E. Lovvorn and Lynn Craft in Document Number20080102000000140 of the Official Public Records of Collin County, Texas, being the common north line of said 26.200 acre tract, a distance of 868.63 feet to a wood post found;THENCE, S89°22'19"E, along the south line of said 178.888 acre tract, being the common north line of said 26.200 acre tract, a distance of 688.22 feet to a leaning 1/2" iron rod found, being the northwest corner of a called 396.7 acre tract ofland described in Special Warranty Deed to QJR PARTNERSHIP, LTD in Document Number 20090420000443550 of the Official Public Records of Collin County, Texas, being the northeast corner of said 26.200 acre tract;THENCE, S01°06'00"E, along the west line of said 396.7 acre tract, being the east common line of said 26.200 acre tract, a distance of 750.53 feet to a square 1/2" iron pipe found, being the northeast corner of a called 29.639 acre tract of landdescribed in Warranty Deed with Vendor's Lien to GOPLIN LAND COMPANY, LLC in Document Number 20160531000672740 of the Official Public Records of Collin County, Texas, from which a found 1/2" iron rod bears S01°07'23"E, adistance of 740.67 feet, being the southeast corner of said 29.639 acre tract;THENCE, along the north line of said 29.639 acre tract, being the common south line of said 26.200 acre tract, the following bearings and distances:1.N87°39'18"W, a distance of 1,458.18 feet to a point in a Hackberry Tree;2.S88°51'00"W, a distance of 150.58 feet to a PK nail set in or near the centerline of said Collin County Road 419, being the northwest corner of said 29.639 acre tract, being the southwest corner of said 26.200 acre tract, from which a foundMAG nail bears S02°57'08"W, a distance of 860.00 feet, being the southwest corner of said 29.639 acre tract;THENCE, N02°57'08"E, partially in said Collin County Road 419, being the east line of said 11.757 acre tract, being the common west line of said 26.200 acre tract a distance of 704.79 feet to a the POINT OF BEGINNING, containing 26.32acre or 1,146,490 square feet of land, more or less.OWNER'S DEDICATIONSTATE OF TEXAS§COUNTY OF COLLIN§NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS:THAT, TRICYCLE LANE TEXAS, LLC, does hereby adopt this plat, designating herein described property as BURNCO ADDITION, LOT 1, BLOCK A, an addition to the City of Anna, Texas, and does hereby dedicate, in fee simple, to thepublic use forever, the streets and alleys shown thereon. The streets and alleys are dedicated for street purposes. The easements and public use areas, as shown, are dedicated for the public use forever, for the purposes indicated on this plat.No buildings, fences, trees, shrubs, or other improvements or growths shall be constructed or placed upon, over, or across the easements as shown, except that landscape improvements may be placed in landscape easements, if approved bythe City of Anna. In addition, utility easements may also be used for the mutual use and accommodation of all public utilities desiring to use or using the same unless the easement limits the use to particular utilities, said use by public utilitiesbeing subordinate to the public's and City of Anna's use thereof. The City of Anna and public utility entities shall have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs, or other improvements or growthswhich may in any way endanger or interfere with the construction, maintenance, or efficiency of their respective systems in said easements. The City of Anna and public utility entities shall at all times have the full right of ingress and egress toor from their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to or removing all or parts of their respective systems without the necessity at any time ofprocuring permission from anyone.The undersigned does covenant and agree that the access easement may be utilized by any person or the general public for ingress and egress to other real property, and for the purpose of general public vehicular and pedestrian use andaccess, and for Fire Department and emergency use, in, along, upon, and across said premises, with the right and privilege at all times of the City of Anna, its agents, employees, workmen, and representatives having ingress, egress, andregress in, along, upon, and across said premises.That the undersigned does hereby covenant and agree that he (they) shall construct upon the fire lane easements, as dedicated and shown hereon, a hard surface and that he (they) shall maintain the same in a state of good repair at all timesand keep the same free and clear of any structures, fences, trees, shrubs, or other improvements or obstruction, including but not limited to the parking of motor vehicles, trailers, boats, or other impediments to the access of fire apparatus. Themaintenance of paving on the fire lane easements is the responsibility of the owner, and the owner shall post and maintain appropriate signs in conspicuous places along such fire lanes, stating "Fire Lane, No Parking." The police or his dulyauthorized representative is hereby authorized to cause such fire lanes and utility easements to be maintained free and unobstructed at all times for Fire Department and emergency use.OWNER: TRICYCLE LANE TEXAS, LLCBY: ____________________________________________________________ Signature DateOwnerSTATE OF TEXAS§COUNTY OF ____________§BEFORE ME, the undersigned authority, on this day personally appeared ___________________, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same forthe purposes and considerations therein expressed and in the capacity therein stated.GIVEN UNDER MY HAND AND SEAL OF THE OFFICE this _______ day of _______________________, 2023.__________________________________________Notary Public in and for the State of TexasPRELIMINARYthis document shall not be recordedfor any purpose and shall not beused or viewed or relied upon as afinal survey documentCERTIFICATE OF SURVEYORSTATE OF TEXAS§COUNTY OF COLLIN§I, MATTHEW RAABE, Registered Professional Land Surveyor, do hereby certify that this plat was prepared from an actual survey made on the ground and that the monuments shown hereon were found or placed with 1/2-inch iron rods withgreen plastic caps stamped "EAGLE SURVEYING" under my direction and supervision in accordance with the current provisions of the Texas Administrative Code and the Ordinances of the City of Anna, Collin County, Texas._________________________________________________________________Matthew Raabe, R.P.L.S. # 6402 DateSTATE OF TEXAS§COUNTY OF TARRANT§BEFORE ME, the undersigned authority, on this day personally appeared MATTHEW RAABE, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for thepurposes and considerations therein expressed and in the capacity therein stated.GIVEN UNDER MY HAND AND SEAL OF THE OFFICE this ________ day of _________________________, 2023.___________________________________________Notary Public in and for the State of TexasFINAL PLATBURNCO ADDITIONLOT 1, BLOCK ABEING 26.32 ACRES OF LAND SITUATED IN THEHIRAM BRINLEE SURVEY, ABSTRACT NO. 30,CITY OF ANNA, COLLIN COUNTY, TEXASDATE OF PREPARATION: MARCH 8, 2023ZONED: I-2= PK NAIL SETPKSOFFICIAL PUBLIC RECORDS,O.P.R.C.C.T.COLLIN COUNTY, TEXAS=LEGEND= IRON PIPE FOUNDIPF= IRON ROD FOUNDIRF= POINT OF BEGINNINGPOB= DOCUMENT NUMBERDOC.NO.1" = 100'010050= MAG NAIL FOUNDMNF1/2"IRFMNFN STATE HIGHWAY 121 COLLIN COUNTYOUTER LOOPSITELOCATIONE FOSTER CROSSING ROADCOLLIN COUNTYROAD 419COLLIN COUNTYROAD 418 NFIRE LANE, ACCESS &FLAUEUTILITY EASEMENT=I hereby certify that the on-site sewage facilities described on this plat conformto the applicable OSSF law of the State of Texas, that the site evaluations havebeen submitted representing the site conditions in the area in which on-sitesewage facilities are planned to be.___________________________________________Registered Sanitarian or Designated RepresentativeCollin County Development ServicesOSSF NOTE= SURVEY LINESLSLCURVE TABLECURVEARC LENGTHRADIUSDELTA ANGLECHORD BEARINGCHORD LENGTHC1336.19'235.00'81°58'05"N 43°56'11" E308.25'C210.52'30.00'20°05'49"S 81°04'05" E10.47'C349.82'54.00'52°51'27"S 64°41'16" E48.07'C427.00'30.00'51°33'58"S 64°02'31" E26.10'C584.82'54.00'90°00'00"S 44°49'30" E76.37'C684.82'54.00'90°00'00"S 45°10'30" W76.37'C726.88'30.00'51°20'13"S 64°30'23" W25.99'C839.43'45.00'50°11'59"S 63°56'16" W38.18'C96.80'30.00'12°59'18"S 82°32'37" W6.79'C1011.77'30.00'22°28'44"S 79°43'22" E11.69'C1146.53'30.00'88°51'46"N 44°36'23" E42.00'C1285.07'54.00'90°15'40"N 45°18'20" E76.54'C1347.26'30.00'90°15'40"N 45°18'20" E42.52'C1447.80'30.00'91°17'29"N 45°28'15" W42.90'C156.43'30.00'12°16'49"S 82°44'36" W6.42'C1647.12'30.00'90°00'00"N 44°49'30" W42.43'C1747.12'30.00'90°00'00"N 45°10'30" E42.43'C1863.45'30.00'121°10'23"S 29°14'18" E52.27'C1929.38'54.00'31°10'23"S 15°45'42" W29.02'C2041.36'54.00'43°52'46"S 21°45'53" E40.35'C2122.98'30.00'43°52'46"S 21°45'53" E22.42'C2247.12'30.00'90°00'00"S 45°10'30" W42.43'C2346.99'30.00'89°44'20"N 44°41'40" W42.33'C2423.58'30.00'45°01'35"N 22°41'18" E22.97'C2570.76'30.00'135°08'46"S 67°23'53" E55.46'C2647.26'30.00'90°15'40"S 45°18'20" W42.52'LINE TABLELINEBEARINGDISTANCEL1S 87°02'52" E5.00'L2S 71°01'10" E13.91'L3N 88°53'01" E268.69'L4S 89°49'30" E127.49'L5S 00°10'30" W197.94'L6N 89°49'30" W178.52'L7S 89°02'16" W247.48'L8S 76°02'58" W14.95'L9N 87°02'52" W5.00'L10S 87°02'52" E5.00'L11S 68°29'00" E11.80'L12N 89°02'16" E194.03'L13N 00°10'30" E119.91'L14S 89°33'50" E9.58'L15N 00°10'30" E55.00'L16S 88°53'01" W271.53'L17S 76°36'12" W17.02'L18N 87°02'52" W5.00'L19N 89°49'30" W109.29'L20N 00°10'30" E197.94'L21S 89°49'30" E97.96'L22S 00°10'30" W47.14'L23S 00°10'30" W49.10'L24N 89°33'50" W33.42'L25N 00°10'30" E47.14'L26N 45°01'44" E47.29'L27S 00°10'30" W80.88'EXHIBIT AAPPROVEDApril 3, 2023P&Z COMMISSIONCITY OF ANNA APPROVED April 11, 2023CITY COUNCIL CITY OF ANNA Item No. 6.d. City Council Agenda Staff Report Meeting Date: 4/11/2023 Staff Contact: Ross Altobelli AGENDA ITEM: Approve a Resolution regarding the Cedar Ridge Estates, Phase 1, Final Plat. (Director of Development Services Ross Altobelli) SUMMARY: 121 single-family dwelling, detached lots, six common area lots, and lift station lot on 39.7± acres located at the southwest corner of County Road 427 and County Road 425 (Future Leonard Avenue). Zoned SF-72 Single-Family Residential District. The purpose for the Final Plat is to dedicate right-of-way, lot and block boundaries, and easements necessary for the single-family residence development. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Final Plat is in conformance with the city’s Subdivision Regulations and Zoning Ordinances. The Planning and Zoning Commission recommended approval subject to additions and/or alterations to the engineering plans as required by the Public Works Department. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Locator Map 2. RESOLUTION - (FP) Cedar Ridge Estates, Phase 1 3. Exhibit A (FP) Cedar Ridge Estates, Phase 1 - stamped OAKCIRWOODLAND S T S OONERCTLAZY LNP A R K A V E PURD U E R D WHITEROCKT H A CKERY ST HORSERUND ESCO S T NUTMEGWAYROSEMARYWAYPINEHURSTCTCOUNTY ROAD 376 TEAL STGINGER AVE BRIAR CV INDIAN CREEK NORMANDYAVEELM GROVECINNAMONWAYWEST G R O V E C IR COUNTY ROAD 425F A L L C T SAGE ST WOLFRUNCHALK RD COUNTY ROAD 427 P ARSLEY WAY RODEO DRCAMBRI DG E A V E BASI LAVEPRINCETONAV E CARAWAY CT L UPTON S T E ROSAMOND PKWY C YRUS S T NPOWELLPKWYCopyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 500 1,000250 Feet March 2023 H:\Notification Maps\Notification Maps\ Final Plat - Cedar Ridge Estates, Phase 1 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING CEDAR RIDGE ESTATES PHASE 1, FINAL PLAT. WHEREAS, in order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the “City Council”) has adopted Article 9.02 of the Anna City Code of Ordinances (“Subdivision Regulations”); and Article 9.04 (“Zoning Ordinance”) of the Anna City Code of Ordinances; and WHEREAS, Saginaw 106, LTD has submitted an application for the approval of the Cedar Ridge Estates, Phase 1, Final Plat; and WHEREAS, Cedar Ridge Estates, Phase 1, Final Plat conforms to the existing zoning; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Final Plat The City Council hereby approves the Cedar Ridge Estates, Phase 1, Final Plat attached hereto as Exhibit A subject to additions and/or alterations to the engineering plans as required by the Public Works Department. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 11th day of April, 2023. ATTEST: APPROVED: _____________________________ ____________________________ City Secretary, Carrie L. Land Mayor, Nate Pike LOT DATALOT DATALOT DATALOT DATALOT DATACOMMON AREA DATACOMMON AREA DATACOMMON AREA DATACOMMON AREA DATALOT DATALOT DATALOT DATACOMMON AREA DATALIFT STATION DATACURVE TABLECURVE TABLELINE TABLELINE TABLEPOINT OFBEGINNINGSTARDUST DRIVESTARDUST DRIVESAND PIPER LANESAND PIPER LANEBIRD NEST LANE C A R D I N A L BL U E B I R D L A N E CEDAR BRANCH LANE PARSLEY WAYWREN DRIVEMISTLETOE DRIVECOUNTY ROAD 425 (FUTURE LEONARD AVENUE)COUNTY ROAD 427L A N E COUNTY ROAD 427HORSE RUN(50' RIGHT-OF-WAY)INDIAN CREEK(50' RIGHT-OF-WAY)JOSIAH C. BRANTLEY SURVEYABSTRACT NO. 114 JO S I AH C . BR AN T L E Y SUR V E Y A B S TR AC T NO . 1 1 4 JO S I AH C . BR AN T L E Y SUR V E Y A B S TR AC T NO . 1 1 4 LEGENDDate: Mar 30, 2023, 11:29am User ID: ypugaFile: C:\Users\local_ypuga\Temp\AcPublish_48716\FP-70180-01.dwg LOCATION MAPTYPICAL STREET INTERSECTIONNOTES:1.ALL COMMON AREA LOTS WILL BE MAINTAINED BY THE HOA.2.BEARINGS ARE BASED ON TEXAS STATE PLANE COORDINATE SYSTEM, NORTHCENTRAL ZONE (4202) NORTH AMERICAN DATUM 1983 (NA2011) EPOCH 2010.00.3.THE SUBJECT PROPERTY IS LOCATED IN DESIGNATED ZONE X AS ILLUSTRATED PERPANEL 48085C0160J WITH AN EFFECTIVE DATE OF JUNE 2, 2009.4.THE FINAL LOCATION AND NUMBER OF LOTS SHOWN HEREIN ARE CONTINGENTUPON APPROVAL OF A FLOOD STUDY AND DRAINAGE PLAN DEMONSTRATINGNO ADVERSE IMPACT TO ADJACENT PROPERTIES.5.TITLE SURVEY PREPARED BY UNDERWOOD DRAFTING & SURVEYING, INC. ON MAY12, 2021 UTILIZED TO PREPARE FINAL PLAT.6.SELLING A PORTION OF THIS ADDITION BY METES AND BOUNDS IS A VIOLATION OFCITY ORDINANCE AND STATE LAW AND IS SUBJECT TO FINES AND WITHHOLDINGOF UTILITIES AND BUILDING PERMITS.7.UPON COMPLETION OF CONSTRUCTION, ALL LOT AND BLOCK CORNERS WILL BESET USING A 1/2-INCH REBAR WITH A YELLOW PLASTIC CAP STAMPED “PAPEDAWSON”. IN AREAS WHERE IT IS NOT PHYSICALLY POSSIBLE TO SET REBAR, AMAG NAIL OR X CUT WILL BE USED.8.NO APPURTENANCE BETWEEN THE HEIGHT OF 2.5 FEET AND 10 FEET MAY BEPLACED IN THE VISIBILITY TRIANGLES.9.LOT-TO-LOT DRAINAGE IS NOT PERMITTED WITHOUT ENGINEERING SECTIONAPPROVAL.10.THE LIFT STATION LOT, LOT 4X, BLOCK D, SHALL BE DEEDED TO CITY UPONRECORDATION OF PLAT.LAND USE SUMMARYGROSS SITE AREA39.747 ACRIGHT-OF-WAY DEDICATION9.494 ACNET ACREAGE30.253 ACLOTSACREAGERESIDENTIAL LOTS12124.381COMMON AREA LOTS65.630LIFT STATION LOT10.242LOT DENSITY4.264 LOTS/ACRESHEET 1 OF 2FINAL PLATOFCEDAR RIDGE ESTATES,PHASE 1LOTS 1-18, 19X, BLOCK A; LOTS 1-15, BLOCK B;LOTS 1-21, BLOCK C; LOTS 1-3, 4X, 5-27, 28X, 29XBLOCK D; LOTS 1-11, 12X, BLOCK E; LOTS 1-15, 16X,BLOCK F; LOTS 1-15, 16X, BLOCK GDATE OF PREPARATION: MARCH 30, 2023BEING A 39.747 ACRES SITUATED IN THEJOSIAH C. BRANTLEY SURVEY, ABSTRACT NUMBER 114, CITY OF ANNA, COLLIN COUNTY, TEXAS.121 RESIDENTIAL LOTSDEVELOPED AT SF-726 COMMON AREA LOTS1 LIFT STATION LOTDETAIL "A" SCALE: 1" = 20'DCITY OFANNACOLLINCOUNTYSITETEXAS ENGINEERING FIRM #470 I TEXAS SURVEYING FIRM #101943906105 TENNYSON PKWY, STE 210 I PLANO, TX 75024 I 214.420.8494SURVEYOR/ENGINEER:PAPE-DAWSON ENGINEERS201 MAIN STREET, SUITE 901 FORT WORTH, TX 76102TEL: (817)-870-3668TBPELS SURVEY FIRM NO. 10194390TBPELS ENGINEERING FIRM NO. 470CONTACT: MICHELLE LASA, P.E.EMAIL:MLASA@PAPE-DAWSON.COMOWNER / DEVELOPER:SAGINAW 106, LTD3045 LACKLAND RDFORT WORTH, TX 76116-4121TEL: 817-731-7595EXHIBIT AP&Z COMMISSIONCITY OF ANNA APPROVED APRIL 11, 2023CITY COUNCIL CITY OF ANNA APPROVED APRIL 3, 2023P&Z COMMISSIONCITY OF ANNA APPROVED APRIL 11, 2023CITY COUNCIL CITY OF ANNA APPROVED APRIL 3, 2023 Date: Mar 30, 2023, 11:29am User ID: ypugaFile: C:\Users\local_ypuga\Temp\AcPublish_48716\FP-70180-01.dwg OWNER'S CERTIFICATE:STATE OF TEXAS§COUNTY OF COLLIN§WHEREAS, SAGINAW 106 LTD IS THE OWNER OF A TRACT OF LAND, SITUATED IN JOSIAH C. BRANTLEY SURVEY, ABSTRACT NO. 114, CITY OFANNA, COLLIN COUNTY, TEXAS, AND BEING ALL OF A CALLED 39.747 ACRE TRACT OF LAND DESCRIBED IN A SPECIAL WARRANTY DEED WITHVENDOR'S LIEN TO SAGINAW 106 LTD., AS RECORDED IN INSTRUMENT NO. 20211101002231410, PUBLIC RECORDS OF COLLIN COUNTY, TEXAS(O.P.R.C.C.T.), AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS;BEGINNING, AT A FOUND 5/8-INCH IRON ROD WITHIN THE ASPHALT OF COUNTY ROAD 427 FOR THE NORTHEAST CORNER OF SAID 39.747 ACRESAGINAW TRACT AND BEING THE SOUTHEAST CORNER OF A CALLED 5.00 ACRE TRACT OF LAND DESCRIBED IN A WARRANTY DEED WITHVENDOR'S LIEN TO JAMES ELROD AS RECORDED IN INSTRUMENT NO. 20190422000426450 (O.P.R.C.C.T.), ALSO BEING ON THE WEST LINE OF ACALLED 13.60 ACRE TRACT OF LAND DESCRIBED IN A SPECIAL WARRANTY DEED TO KEITH DOUGLAS BIRD AS RECORDED IN INSTRUMENT NO.20081014001223710 (O.P.R.C.C.T.);THENCE, SOUTH 01° 39' 45" WEST, LEAVING SAID COUNTY ROAD 427 AND CONTINUING ALONG THE EAST LINE OF SAID 39.747 ACRE SAGINAWTRACT SAME BEING THE APPROXIMATE CENTERLINE OF COUNTY ROAD NO. 425, A DISTANCE OF 1011.50 FEET TO A SET 1/2-INCH IRON RODWITH A YELLOW PLASTIC CAP STAMPED “PAPE-DAWSON” FOR THE SOUTHEAST CORNER OF SAID 39.747 ACRE SAGINAW TRACT, AND BEINGON THE WEST LINE OF A CALLLED 15.54 ACRE TRACT OF LAND DESCRIBED IN A GENERAL WARRANTY DEED TO DORIS A. MULLET, TRUSTEE OF THEMULLET LIVING TRUST DATED JANUARY 1, 2006, AS RECORDED IN INSTRUMENT NO. 20061027001549080 (O.P.R.C.C.T.), ALSO BEING THENORTHEAST CORNER OF A CALLED 8.00 ACRE TRACT OF LAND DESCRIBED IN A WARRANTY DEED WITH VENDOR'S LIEN TO RAUL T. BALDERAS ASRECORDED IN INSTRUMENT NO. 20061229001829440 (O.P.R.C.C.T.);THENCE, NORTH 89° 03' 30" WEST, ALONG THE SOUTH LINE OF SAID 39.747 ACRE SAGINAW TRACT AND THE NORTH LINE OF SAID BALDERASTRACT, PASSING A FOUND 1/2-INCH IRON ROD AT A DISTNACE OF14.80 FEET, CONTINUING FOR A TOTAL DISTANCE OF 799.24 FEET TO AFOUND 1/2-INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED “SPIARS ENG.” FOR THE NORTHWEST CORNER OF SAID BALDERAS TRACT,SAME BEING THE NORTHEAST CORNER OF SWEETWATER CROSSING PHASE II, AN ADDITION TO THE CITY OF ANNA, AS DESCRIBED IN A REPLATRECORDED IN INSTRUMENT NO. 20200512010001640 (O.P.R.C.C.T.);THENCE, NORTH 89° 09' 35" WEST, CONTINUING ALONG THE SOUTH LINE OF SAID 39.747 ACRE SAGINAW TRACT AND THE NORTH LINE OF SAIDSWEETWATER CROSSING PHASE II, PASSING A FOUND 1/2-INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED “RPLS 3664” AT A DISTANCEOF 741.43 FEET, CONTINUING FOR A TOTAL DISTANCE OF 744.06 FEET TO A SET 1/2-INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED“PAPE-DAWSON” FOR THE SOUTHWEST CORNER OF SAID 39.747 ACRE SAGINAW TRACT, SAME BEING THE SOUTHEAST CORNER OF A CALLED24.82 ACRE TRACT OF LAND DESCRIBED IN A SPECIAL WARRANTY DEED WITH VENDOR'S LIEN TO SAGINAW 106 LTD., AS RECORDED ININSTRUMENT NO. 20211202002450260 O.P.R.C.C.T.;THENCE, NORTH 02° 58' 58" WEST, ALONG THE WEST LINE OF SAID 39.747 ACRE SAGINAW TRACT AND THE EAST LINE OF SAID 24.82 ACRESAGINAW TRCT, A DISTANCE OF 733.91 FEET TO A FOUND FENCE CORNER POST FOR CORNER;THENCE, NORTH 35° 29' 37" EAST, CONTINUING ALONG THE WEST LINE OF SAID 39.747 ACRE SAGINAW TRACT AND THE EAST LINE OF SAID 24.82ACRE SAGINAW TRACT, A DISTANCE OF 771.75 FEET TO A SET 1/2-INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED “PAPE-DAWSON”FOR THE NORTHWEST CORNER OF SAID 39.747 ACRE SAGINAW TRACT, SAME BEING THE NORTHEAST CORNER OF SAID 24.82 ACRE SAGINAWTRACT, ALSO BEING IN THE APPARENT SOUTH RIGHT-OF-WAY LINE OF COUNTY ROAD NO. 427;THENCE, ALONG THE NORTH LINE OF SAID 39.747 ACRE SAGINAW TRACT AND THE APPARENT SOUTH RIGHT-OF-WAY LINE OF SAID COUNTYROAD NO. 427, THE FOLLOWING COURSES AND DISTANCES:SOUTH 58° 37' 56" EAST, A DISTANCE OF 104.82 FEET TO A FOUND 5/8-INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED “PRECISE”;SOUTH 60° 48' 51" EAST A DISTANCE OF 117.60 FEET, FROM WHICH A FOUND 5/8-INCH IRON ROD (BENT) BEARS SOUTH 24°21'24” WEST, ADISTANCE OF 0.24 FEET;SOUTH 62° 49' 53" EAST, PASSING A FOUND 3/4-INCH IRON ROD (BENT) AT 53.55 FEET, CONTINUING FOR A TOTAL DISTANCE OF 53.82 FEET;SOUTH 62° 56' 48" EAST, A DISTANCE OF 499.23 FEET, FROM WHICH A FOUND 5/8-INCH IRON ROD WITH A RED PLASTIC CAP STAMPED“BOUNDARY SOLUTIONS” BEARS NORTH 28°06'36” EAST, A DISTANCE OF 0.29 FEET;SOUTH 76° 59' 46" EAST, A DISTANCE OF 121.20 FEET TO A FOUND 5/8-INCH IRON ROD WITH A RED PLASTIC CAP;NORTH 87° 21' 41" EAST, A DISTANCE OF 360.19 FEET TO THE POINT OF BEGINNING AND CONTAINING 39.747 ACRES OR 1,731,365 SQUAREFEET OF LAND MORE OR LESS.OWNER'S DEDICATION:NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS:THAT, SAGINAW 106, LTD, ACTING HEREIN BY AND THROUGH IT'S DULY AUTHORIZED OFFICERS, DOES HEREBY ADOPT THIS PLAT DESIGNATING THEHEREINABOVE DESCRIBED PROPERTY AS CEDAR RIDGE ESTATES, PHASE 1, AN ADDITION TO THE CITY ANNA, TEXAS, AND DOES HEREBY DEDICATE,IN FEE SIMPLE, TO THE PUBLIC USE FOREVER, THE STREETS AND ALLEYS SHOWN THEREON. THE STREETS AND ALLEYS ARE DEDICATED FOR STREETPURPOSES. THE EASEMENTS AND PUBLIC USE AREAS, AS SHOWN, ARE DEDICATED FOR THE PUBLIC USE FOREVER, FOR THE PURPOSES INDICATEDON THIS PLAT. IN ADDITION, UTILITY EASEMENTS MAY ALSO BE USED FOR THE MUTUAL USE AND ACCOMMODATION OF ALL PUBLIC UTILITIES BEINGSUBORDINATE TO THE PUBLIC'S AND CITY OF ANNA'S USE THEREOF. THE CITY OF ANNA AND PUBLIC UTILITY ENTITIES SHALL HAVE THE RIGHT TOREMOVE AND KEEP REMOVED ALL OR PARTS OF ANY BUILDINGS, FENCES, TREES, SHRUBS, OR OTHER IMPROVEMENTS OR GROWTHS WHICH MAYIN ANY WAY ENDANGER OR INTERFERE WITH THE CONSTRUCTION, MAINTENANCE, OR EFFICIENCY OF THEIR RESPECTIVE SYSTEMS IN SAIDEASEMENTS. THE CITY OF ANNA AND PUBLIC UTILITY ENTITIES SHALL AT ALL TIMES HAVE THE FULL RIGHT OF INGRESS AND EGRESS TO OR FROM THEIRRESPECTIVE EASEMENTS FOR THE PURPOSE OF CONSTRUCTING, RECONSTRUCTING, INSPECTING, PATROLLING, MAINTAINING, READING METERS,AND ADDING TO OR REMOVING ALL OR PARTS OF THEIR RESPECTIVE SYSTEMS WITHOUT THE NECESSITY AT ANY TIME OF PROCURING PERMISSIONFROM ANYONE.THIS APPROVED SUBJECT TO ALL PLATTING ORDINANCES, RULES, AND REGULATIONS OF THE CITY OF ANNA, TEXAS.WITNESS, MY HAND, THIS THE DAY OF , 2023.BY:SAGINAW 106, LTD3045 LACKLAND RDFORT WORTH, TX 76116-4121TIM FLEET(NAME)PRESIDENT(TITLE)STATE OF TEXASCOUNTY OF COLLINBEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS, ON THIS DAY PERSONALLY APPEARED,TIM FLEET, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THATHE/SHE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED AND AS THEACT AND DEED THEREIN STATED.GIVEN UNDER MY HAND AND SEAL OF OFFICE ON THIS THE , DAY OF , 2023.NOTARY PUBLIC IN AND FOR THE STATE OF TEXASMY COMMISSION EXPIRES ON: _________________SHEET 2 OF 2DRAINAGE AND DETENTION EASEMENTSTATE OF TEXASCOUNTY OF COLLINCITY OF ANNATHIS PLAT IS HEREBY ADOPTED BY THE OWNERS AND APPROVED BY THE CITY OF ANNA (CALLED“CITY”) SUBJECT TO THE FOLLOWING CONDITIONS WHICH SHALL BE BINDING UPON THE OWNERS,THEIR HEIRS, GRANTEES AND SUCCESSORS: PORTION OF LOT 19X, BLOCK A, PORTION OF LOT 28X,BLOCK D, PORTION OF LOT 29X, BLOCK D, PORTION OF LOT 12X, BLOCK E, LOT 16X, BLOCK G, ASSHOWN ON THE PLAT IS CALLED “HOA LOT/ DRAINAGE & DETENTION EASEMENT.” THE DRAINAGEAND DETENTION EASEMENT WITHIN THE LIMITS OF THIS ADDITION, WILL REMAIN OPEN AT ALL TIMESAND WILL BE MAINTAINED IN A SAFE AND SANITARY CONDITION BY THE OWNERS OF THE LOT ORLOTS THAT ARE TRAVERSED BY OR ADJACENT TO THE DRAINAGE AND DETENTION EASEMENT. THECITY WILL NOT BE RESPONSIBLE FOR THE MAINTENANCE AND OPERATION OF SAID EASEMENT ORFOR ANY DAMAGE TO PRIVATE PROPERTY OR PERSON THAT RESULTS FROM CONDITIONS IN THEEASEMENT, OR FOR THE CONTROL OF EROSION. NO OBSTRUCTION TO THE NATURAL FLOW OFSTORM WATER RUN-OFF SHALL BE PERMITTED BY CONSTRUCTION OF ANY TYPE OF BUILDING, FENCE,OR ANY OTHER STRUCTURE WITHIN THE DRAINAGE AND DETENTION EASEMENT AS HEREIN ABOVEDEFINED, UNLESS APPROVED BY THE CITY ENGINEER. PROVIDED, HOWEVER, IT IS UNDERSTOOD THATIN THE EVENT IT BECOMES NECESSARY FOR THE CITY TO ERECT OR CONSIDER ERECTING ANY TYPEOF DRAINAGE STRUCTURE IN ORDER TO IMPROVE THE STORM DRAINAGE THAT MAY BEOCCASIONED BY THE CITY SHALL HAVE THE RIGHT TO ENTER UPON THE DRAINAGE AND DETENTIONEASEMENT AT ANY POINT, OR POINTS, TO INVESTIGATE, SURVEY OR TO ERECT, CONSTRUCT ANDMAINTAIN ANY DRAINAGE FACILITY DEEMED NECESSARY FOR DRAINAGE PURPOSES. EACHPROPERTY OWNER SHALL KEEP THE DRAINAGE AND DETENTION EASEMENT CLEAN AND FREE OFDEBRIS, SILT, AND ANY SUBSTANCE WHICH WOULD RESULT IN UNSANITARY CONDITIONS OROBSTRUCT THE FLOW OF WATER, AND THE CITY SHALL HAVE THE RIGHT OF INGRESS AND EGRESSFOR THE PURPOSE OF INSPECTION AND SUPERVISION OF MAINTENANCE WORK BY THE PROPERTYOWNER TO ALLEVIATE ANY UNDESIRABLE CONDITIONS WHICH MAY OCCUR. THE NATURALDRAINAGE THROUGH THE DRAINAGE AND DETENTION EASEMENT IS SUBJECT TO STORM WATEROVERFLOW AND NATURAL BANK EROSION TO AN EXTENT WHICH CANNOT BE DEFINITELY DEFINED.THE CITY SHALL NOT BE HELD LIABLE FOR ANY DAMAGES OF ANY NATURE RESULTING FROM THEOCCURRENCE OF THESE NATURAL PHENOMENA, OR RESULTING FROM THE FAILURE OF ANYSTRUCTURE, OR STRUCTURES, WITHIN THE EASEMENT.VISIBILITY, ACCESS & MAINTENANCE EASEMENTTHE AREA OR AREAS SHOWN ON THE PLAT AS "VAM" (VISIBILITY , ACCESS, AND MAINTENANCE)EASEMENT(S) ARE HEREBY GIVEN AND GRANTED TO THE CITY, ITS SUCCESSORS AND ASSIGNS, AS ANEASEMENT TO PROVIDE VISIBILITY, RIGHT OF ACCESS AND MAINTENANCE UPON AND ACROSS SAIDVAM EASEMENT. THE CITY SHALL HAVE THE RIGHT, BUT NOT THE OBLIGATION, TO MAINTAIN ANYAND ALL LANDSCAPING WITHIN THE VAM EASEMENT. SHOULD THE CITY EXERCISE THISMAINTENANCE RIGHT, IT SHALL BE PERMITTED TO REMOVE AND DISPOSE OF ANY AND ALLLANDSCAPING IMPROVEMENTS, INCLUDING WITHOUT LIMITATION, ANY TREES, SHRUBS, FLOWERS,GROUND COVER, AND FIXTURES. THE CITY MAY WITHDRAW MAINTENANCE OF THE VAM EASEMENTAT ANY TIME. THE ULTIMATE MAINTENANCE RESPONSIBILITY FOR THE VAM EASEMENT SHALL RESTWITH THE OWNERS. NO BUILDING, FENCE, SHRUB, TREE, OR OTHER IMPROVEMENTS OR GROWTHS,WHICH IN ANY WAY ENDANGER OR INTERFERE WITH THE VISIBILITY, SHALL BE CONSTRUCTED IN, ON,OVER, OR ACROSS THE VAM EASEMENT. THE CITY SHALL ALSO HAVE THE RIGHT, BUT NOT THEOBLIGATION, TO ADD ANY LANDSCAPE IMPROVEMENTS TO THE VAM EASEMENT, TO ERECT ANYTRAFFIC CONTROL DEVICES OR SIGNS ON THE VAM EASEMENT, AND TO REMOVE ANYOBSTRUCTION THEREON. THE CITY, ITS SUCCESSORS, ASSIGNS, OR AGENTS, SHALL HAVE THE RIGHTAND PRIVILEGE AT ALL TIMES TO ENTER UPON THE VAM EASEMENT OR ANY PART THEREOF FOR THEPURPOSES AND WITH ALL RIGHTS AND PRIVILEGES SET FORTH HEREIN.ACCESS EASEMENTTHE UNDERSIGNED DOES COVENANT AND AGREE THAT THE ACCESS EASEMENT MAY BE UTILIZED BYANY PERSON OR THE GENERAL PUBLIC FOR INGRESS AND EGRESS TO OTHER REAL PROPERTY, ANDFOR THE PURPOSE OF GENERAL PUBLIC VEHICULAR AND PEDESTRIAN USE AND ACCESS, AND FORFIRE DEPARTMENT AND EMERGENCY USE, IN, ALONG, UPON, AND ACROSS SAID PREMISES, WITHTHE RIGHT AND PRIVILEGE AT ALL TIMES OF THE CITY OF ANNA, ITS AGENTS, EMPLOYEES, WORKMEN,AND REPRESENTATIVES HAVING INGRESS, EGRESS, AND REGRESS IN, ALONG, UPON, AND ACROSSSAID PREMISES.SURVEYOR/ENGINEER:PAPE-DAWSON ENGINEERS201 MAIN STREET, SUITE 901 FORT WORTH, TX 76102TEL: (817)-870-3668TBPELS SURVEY FIRM NO. 10194390TBPELS ENGINEERING FIRM NO. 470CONTACT: MICHELLE LASA, P.E.EMAIL:MLASA@PAPE-DAWSON.COMOWNER / DEVELOPER:SAGINAW 106, LTD3045 LACKLAND RDFORT WORTH, TX 76116-4121TEL: 817-731-7595SURVEYOR'S STATEMENT:THAT I, MARK L. BESHEAR DO HEREBY CERTIFY THAT THIS PLAT WAS PREPARED FROM AN ACTUAL AND ACCURATE SURVEY OF THE LAND AND THAT THECORNER MONUMENTS SHOWN THEREON WERE PROPERLY PLACED UNDER MY PERSONAL SUPERVISION, IN ACCORDANCE WITH THE SUBDIVISIONREGULATIONS OF THE CITY OF ANNA, COLLIN COUNTY, TEXAS.DATED THIS THE ____________ DAY OF ________________________________, 2023._______________________________________________MARK L. BESHEARREGISTERED PROFESSIONAL LAND SURVEYORTEXAS REGISTRATION NO. 6824FIRM REGISTRATION NO. 10194390PAPE DAWSON ENGINEERS6105 TENNYSON PARKWAY, SUITE 210PLANO, TEXAS 75024TELE.214-420-8494EMAIL: MBESHEAR@PAPE-DAWSON.COMSTATE OF TEXASCOUNTY OF COLLINBEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED, MARK L. BESHEAR, KNOWN TO ME TO BE THE PERSON WHOSE NAMEIS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE\SHE EXECUTED THE SAME FOR THE PURPOSES ANDCONSIDERATION THEREIN EXPRESSED.GIVEN UNDER MY HAND AND SEAL OF OFFICE ON THIS , DAY OF , 2023.NOTARY PUBLIC IN AND FOR THE STATE OF TEXASMY COMMISSION EXPIRES ON: _________________TEXAS ENGINEERING FIRM #470 I TEXAS SURVEYING FIRM #101943906105 TENNYSON PKWY, STE 210 I PLANO, TX 75024 I 214.420.8494FINAL PLATOFCEDAR RIDGE ESTATES,PHASE 1LOTS 1-18, 19X, BLOCK A; LOTS 1-15, BLOCK B;LOTS 1-21, BLOCK C; LOTS 1-3, 4X, 5-27, 28X, 29XBLOCK D; LOTS 1-11, 12X, BLOCK E; LOTS 1-15, 16X,BLOCK F; LOTS 1-15, 16X, BLOCK GDATE OF PREPARATION: MARCH 30, 2023BEING A 39.747 ACRES SITUATED IN THEJOSIAH C. BRANTLEY SURVEY, ABSTRACT NUMBER 114, CITY OF ANNA, COLLIN COUNTY, TEXAS.121 RESIDENTIAL LOTSDEVELOPED AT SF-726 COMMON AREA LOTS1 LIFT STATION LOTP&Z COMMISSIONCITY OF ANNA APPROVED APRIL 11, 2023CITY COUNCIL CITY OF ANNA APPROVED APRIL 3, 2023EXHIBIT A Item No. 6.e. City Council Agenda Staff Report Meeting Date: 4/11/2023 Staff Contact: Ross Altobelli AGENDA ITEM: Approve a Resolution regarding the Church Street Addition, Block A, Lots 1-6, Final Plat. (Director of Development Services Ross Altobelli) SUMMARY: Six lots on 7.0± acres located at the southeast corner of Sterling Street and N. Church Street. Located in the Extraterritorial Jurisdiction (ETJ). The purpose for the Final Plat is to dedicate right-of-way, lot and block boundaries, and easements necessary for future development. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Final Plat is in conformance with the city’s Subdivision Regulations. The Planning and Zoning Commission recommended approval subject to additions and/or alterations following Collin County’s On-Site Sewage Facility (OSSF) review and approval. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Locator Map 2. RESOLUTION - (FP) Church Street Addition, Block A, Lots 1-6 3. EXHIBIT A (STAMPED) - FP (Church Street Addition, Bl A, Lts 1-6) STERLING DRFM 3133BROADWAYAVEGRAYBILL RD PECAN HOLLOW CIR SUNSET DRN CHURCH STI N G R A M DR Copyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 400 800200 Feet March 2023 H:\Notification Maps\Notification Maps\ Final Plat - Church Street Addition, Block A, Lots 1-6 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING CHURCH STREET ADDITION, BLOCK A, LOTS 1-6, FINAL PLAT WHEREAS, in order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the “City Council”) has adopted Article 9.02 of the Anna City Code of Ordinances (“Subdivision Regulations”); and WHEREAS, Fieldside Development, LLC has submitted an application for the approval of the Church Street Addition, Block A, Lots 1-6, Final Plat; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Final Plat The City Council hereby approves the Church Street Addition, Block A, Lots 1-6, Final Plat attached hereto as Exhibit A subject to additions and/or alterations following Collin County’s On-Site Sewage Facility (OSSF) review and approval. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 11th day of April, 2023. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie L. Land Mayor, Nate Pike PECAN HOLLOW CIR.60' RIGHT-OF-WAYDILLON J. GARTMAN ANDLESLIE GARTMANINST. NO. 20180312000297940O.P.R.C.C.T.FRANK PURSER ANDBARBARA PURSERINST. NO. 20081230001455280O.P.R.C.C.T.PHILLIP D. BOSWELLINST. NO. 20070530000726850O.P.R.C.C.T.THOMAS YOCHUM ANDMARGARET YOCHUMINST. NO. 20110826000903800O.P.R.C.C.T.N. CHURCH STREET(VARIABLE WIDTH RIGHT-OF-WAY)STERLING STREET50' RIGHT-OF-WAYGLA VENTURES, LLCINST. NO.20220317000427570O.P.R.C.C.T.THE HANNAH HONGLIVING TRUSTINST. NO.20210727001514990O.P.R.C.C.T.MICHAEL D. WINSTEAD ANDRANDI WINSTEADINST. NO. 20180313000305650O.P.R.C.C.T.S89°48'09"E 568.74'S89°45'16"E 243.84'S89°46'12"E 243.31'S00°23'17"W 536.21'5/8"IRF1/2" IRF"BURNSSURVEYING"1/2" IRF1/2" IRF1/4" IRFN 89°46'12" W8.40'CIRSCIRSCIRS(DEED=N03°45'18"W 128.26')(DEED=NORTH 408.10')(DEED=N89°52'00"E 568.74')(DEED=SOUTH 536.10')(DEED=S89°52'00"W 560.34')POINT OFBEGINNINGN00°12'14"E 407.95'N89°46'12"W 559.15'S00°19'51"W 536.27'ZONE XLOT 48LOT 49LOT 50LOT 51LOT 52LOT 53LOT 3BLOCK APECAN HOLLOWCAB. N, PG. 101P.R.C.C.T.BLOCK APECAN HOLLOWCAB. N, PG. 101P.R.C.C.T.BLOCK APECAN HOLLOWCAB. N, PG. 101P.R.C.C.T.APPROXIMATECENTERLINE OFPAVINGAPPROXIMATECENTERLINE OFPAVINGSTATE OF TEXASVOL. 749, PG. 505D.R.C.C.T.APPROXIMATECENTERLINE OFPAVING10' UTILITY EASEMENTVOL. 1093, PG. 4R.P.R.C.C.T.BLOCK ALOT 343,560 SQ.FT.(1.000 ACRES)BLOCK ALOT 554,450 SQ.FT.(1.250 ACRES)BLOCK ALOT 653,624 SQ.FT.(1.231 ACRES)BLOCK ALOT 249,168 SQ.FT.(1.129 ACRES)BLOCK ALOT 159,690 SQ.FT.(1.370 ACRES)GROSS44,376 SQ.FT.1.019 ACRES(OUT OF FLOODPLAIN)(NET)N89°47'46"W 253.96'N00°19'51"E 536.16' N00°19'51"E 536.22' 171.38'254.34'N70°07'13"W 182.53'100.00'101.55'150.14'100.00'171.41'214.60'81.61'75.9'58.1'50.0'55.9'25.0'25.0'50.0' 25.0' 25.0' 50.0'50.0'STATE OF TEXASVOL. 749, PG. 481D.R.C.C.T.S01°29'24"E 331.17'1/2" IRF"3258"1/2" IRF1/2" IRF1/2" IRFBLOCK ALOT 443,560 SQ.FT.(1.000 ACRES)386.02'112.85'N00°19'51"E 386.01'112.85'101.55'357.60'10' UTILITY EASEMENT10' UTILITY EASEMENT25' BUILDING SETBACK25' BUILDING SETBACK25'x25' VISIBILITY EASEMENT153.14'N 03°33'03" W128.28'100-YEAR FLOODPLAIN PER CARDINALSTRATEGIES DECEMBER, 2022 FLOOD STUDYZONE AFIRM NO. 48085C0180 J06/02/2009S89°47'46"E 194.46'GLA VENTURES, LLCINST. NO.20220401000531790O.P.R.C.C.T.60.0'83.43'KRISTY KAY HARRISONINST. NO.20081113001331020O.P.R.C.C.T.1/2" IRFN 01°35'35" E184.30'1101 Central Expressway SouthSuite 215, Allen, TX 75013Ph. 214-491-1830John Measels, PECIVIL ENGINEERJ:\GLA DEVELOPMENTS\JM-GLA22001 - 918 N. CHURCH STREET, ANNA TX\_SURVEY\GLA21003 - 918 N CHURCH - FINAL PLAT.DWG PRELIMINARYTHIS DOCUMENT SHALL NOT BE RECORDEDFOR ANY PURPOSE AND SHALL NOT BEUSED OR VIEWED OR RELIED UPON AS AFINAL SURVEY DOCUMENT.SURVEYOR'S CERTIFICATE(NOT TO SCALE)VICINITY MAPFINAL PLATCHURCH STREETADDITIONLOTS 1-6, BLOCK A6 RESIDENTIAL LOTS6.980 ACRES OUT OF THEJOHN CHALMERS SURVEY,ABSTRACT NO. 233CITY OF ANNA, COLLINCOUNTY, TEXASOWNER'S CERTIFICATECITY OF ANNA, COLLIN COUNTY, TEXASSITELEGEND OF ABBREVIATIONSLEGENDJOB NO: GLA21003DATE: 03/15/2023 - DRAWN BY: E.R.SURVEYOR/ENGINEEROWNEROWNER'S DEDICATIONGLA VENTURES, LLC1284 CR 4940LEONARD, TX 75452COLLIN COUNTY USE ONLY’ ’ ’ – GENERAL NOTESEXHIBIT AAPPROVEDApril 3, 2023P&Z COMMISSIONCITY OF ANNA APPROVED April 11, 2023CITY COUNCIL CITY OF ANNA Item No. 6.g. City Council Agenda Staff Report Meeting Date: 4/11/2023 Staff Contact: Ross Altobelli AGENDA ITEM: Approve a Resolution regarding the Gateway at Buddy Hayes, Block A, Lot 2, Revised Concept Plan. (Director of Development Services Ross Altobelli) SUMMARY: Multiple-family residences on one lot on 13.2± acres located on the west side of Buddy Hayes Boulevard, 1,175± feet south of W. White Street. Zoned: Planned Development (Ord. No. 1024-2022). The purpose of the revised concept plan is to show the revised conceptual layout and related site improvements associated with the future MF-2 multiple-family residential development. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Revised Concept Plan is in conformance with the adopted Planned Development standards and with the city’s Subdivision Regulations and Zoning Ordinances. The Planning and Zoning Commission recommended approval subject to additions and/or alterations to the engineering plans as required by the Public Works Department. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Locator Map 2. RESOLUTION- RCP (Gateway at Buddy Hayes, Block A, Lot 2) 3. Exhibit A (STAMPED) - (RCP) Gateway at Buddy Hayes, Block A, Lot 2 SABLE WOOD DRCOTTONWOODTRLPINE KNOLL WAY HICKORY TRL W WHITE ST HAWTHORNERDMANDARIN WAY REDBUD DR OAKHOLLOWLNMULBERRY DR S PRUCE ST PIN OAK TRL VICTORIAFALLS DRHILLTOP DRCEDAR TRL OLIVELNSWEETGUM DRCYPRESS WAYCREEKSIDEDRPARKVIEW DR MAPLEWOOD TRLMESQUITE LNUS HIGHWAY 75SCENTRALEXPYS BUDDYHAYES BLVDPERSIM M O NDRCopyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 500 1,000250 Feet March 2023 H:\Notification Maps\Notification Maps\ Revised Concept Plan - Gateway at Buddy Hayes, Block A, Lot 2 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING GATEWAY AT BUDDY HAYES, BLOCK A, LOT 2, REVISED CONCEPT PLAN. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the “City Council”) has adopted Article 9.02 (Subdivision Regulations”) and Article 9.04 (Zoning Ordinance) of the Anna City Code of Ordinances; and WHEREAS, CAALMS GROUP, LLC (Srikanth Routhu), has submitted an application for the approval of Gateway at Buddy Hayes, Block A, Lot 2, Revised Concept Plan; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Revised Concept Plan The City Council hereby approves the Gateway at Buddy Hayes, Block A, Lot 2, Revised Concept Plan attached hereto as Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 11th day of April, 2023. ATTEST: APPROVED: _____________________________ ____________________________ City Secretary, Carrie L. Land Mayor, Nate Pike BLDG. TYP. II BLDG. TYP. II BLDG. TYP. IV BLDG. TYP. IV BLDG. TYP. II BLDG. TYP. VI BLDG. TYP. VI BLDG. TYP. VI BLDG. TYP. VI BLDG. TYP. VI VICINITY MAP PROJECT LOCATION USER: Eric DATE/TIME: Mar 24, 2023 - 4:38pmFILE: C:\Users\Eric\Lincoln Consulting & Engineering\Joshua Lincoln - Projects\61-001_Anna - Gateway MF\z_AutoCAD\zOld Files\2023-03-13\61-001 Concept Plan - ALT 1.dwgGATEWAY MF - CITY OF ANNA, TEXAS - LC&E PROJECT NO. 61-001DateEngineerP.E. No.FOR REVIEW ONLYFirm No. 21223NOT FOR CONSTRUCTION7/8/2022LINCOLN CONSULTING & ENGINEERINGERIC M. SEELEY107718HIGHPARK CAPITAL, LLC± 13.2 ACRESCity of Anna , Collin County, TexasCopyright © 2023 Firm No. F-21223P.O. Box 1176Wylie, Texas 75098phone (214) 673-8869eric@LincolnCE.comCP.2CONCEPT PLANLEGEND REVISED CONCEPT PLAN GATEWAY AT BUDDY HAYES BLOCK A, LOT 2 13.20 AC, 575,055 SF THOMAS RATTON SURVEY, ABS. NO. 782 CITY OF ANNA, COLLIN COUNTY, TEXAS March 24, 2023 HighPark Capital, LLC 4514 Travis Street, Ste 211 Dallas, Texas 75205 Tel. No. (214) 380-5404 Contact: Ryan Spring Caalms Group, LLC 2416 Lismore Lane Irving, Texas 75063 Item No. 6.h. City Council Agenda Staff Report Meeting Date: 4/11/2023 Staff Contact: Ross Altobelli AGENDA ITEM: Approve a Resolution regarding the E. White Street/Leonard Trails Commercial, Block A, Lots 1, 2, 3, & 4, Minor Plat. (Director of Development Services Ross Altobelli) SUMMARY: Four vacant lots on 8.5± acres located on the south side of E. White Street, 500± feet east of S. Interurban Street. Zoned Planned Development (Ord. No. 1027-2023-01). The purpose for the Minor Plat is to dedicate right of way and lot and block boundaries necessary to plat the property. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Minor Plat is in conformance with the adopted Planned Development standards and with the city’s Subdivision Regulations and Zoning Ordinances. The Planning and Zoning Commission recommended approval subject to additions and/or alterations to the engineering plans as required by the Public Works Department. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Locator Map 2. RESOLUTION - (MP) E. White Street-Leonard Trails Commercial, Block A, Lots 1, 2, 3, & 4 3. EXHIBIT A (STAMPED) - MP (E. White Street-Leonard Trails Commercial, Bl A, Lts 1,2,3,&4) SMITH STE SEVENTH ST SEASTONDRE WHITE ST E EIGHTH ST E FM 455 Copyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 300 600150 Feet March 2023 H:\Notification Maps\Notification Maps\ Minor Plat - E. Whtie Street/Leonard Trails Commercial, Block A, Lots 1, 2, 3, & 4 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING E. WHITE STREET/LEONARD TRAILS COMMERCIAL, BLOCK A, LOTS 1, 2, 3, & 4, MINOR PLAT WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the “City Council”) has adopted Article 9.02 (“Subdivision Regulation”) and Article 9.04 (“Zoning Ordinance”) of the Anna City Code of Ordinances; and WHEREAS, Rising Waukulla Investment, L.P. has submitted an application for the approval of the E. White Street/Leonard Trails Commercial, Block A, Lots 1, 2, 3, & 4, Minor Plat; and WHEREAS, The E. White Street/Leonard Trails Commercial, Block A, Lots 1, 2, 3, & 4, Minor Plat conforms to the existing zoning; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Minor Plat. The City Council hereby approves the E. White Street/Leonard Trails Commercial, Block A, Lots 1, 2, 3, & 4, Minor Plat attached hereto as Exhibit A subject to additions and/or alterations to the engineering plans as required by the Public Works Department. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 11th day of April, 2023. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie L. Land Mayor, Nate Pike F.M. 455 (E. WHITE STREET)Granderson Stark Survey,Abstract No. 798F.M. 455 (E. WHITE STREET)P.O.B.G:\TXN\Projects\Qualico\10335-02-Leonard_Trails_Phase_1\SV\04_CAD\10335-02_MPLT.dwg 2023-03-27-12:23 rsilvas 12060300SCALE: 1" = 60'VICINITY MAP(NOT TO SCALE)Contact: René Silvas, R.P.L.S.Telephone: 817-752-4183 • Email: rsilvas@bgeinc.comCIRS5/8" IRON ROD SET WITH "BGE" CAPMONUMENT OF RECORD DIGNITYO.P.R.C.C.T. OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY TEXASP.R.C.C.T. PLAT RECORDS OF COLLIN COUNTY TEXASD.R.C.C.T. DEED RECORDS OF COLLIN COUNTY TEXASP.O.B. POINT OF BEGINNINGINST. INSTRUMENTNO.NUMBERPROPERTY LINEEASEMENT LINELEGENDINSETSCALE: 1" = 20'GENERAL NOTES:1.Bearing system for this survey is based on the North American Datum of 1983, NA2011 (Epoch 2010.00), Texas State Plane CoordinateSystem, North Central Zone (4202) with an applied combined scale factor of 1.00015271. Distances and areas shown are surfacevalues in U.S. Survey Feet.2.The floodplain boundaries shown hereon are approximate and are not depicted as a result of an on-the-ground survey. The subject tractlies with Zone X as delineated on Flood Insurance Rate Map for Collin County, Texas and Incorporated Areas, Map Number48085C0160J with Map Revised June 2, 2009.Zone X - Areas determined to be outside the 0.2% annual chance floodplain3.The square footage value shown hereon is a mathematical value calculated from the boundary data shown hereon. This value in noway represents the precision of closure of this survey or the accuracy of corner monuments found or placed.4.Selling a portion of this addition by metes and bounds is a violation of the city Subdivision Ordinance and State platting statutes and issubject to fines and withholding of utilities and building certificates.5.Areas for Lots 1, 2, 3 and 4 shown hereon are gross area. Areas for the Right-of-way Reservation are not netted out.BGE, Inc.777 Main Street, Suite 1900, Fort Worth, TX 76102Tel: 817-887-6130 • www.bgeinc.comTBPELS Registration No. 10194416Copyright 2023SURVEYORRISING WAUKULLA INVESTMENT, L.P.1 Fox Hollow LaneMelissa, Texas 75454Contact: Mr. Doug ZadowPhone: 469-667-8760OWNERMINOR PLATE. WHITE STREET/LEONARD TRAILS COMMERCIALBLOCK A, LOTS 1, 2, 3, & 4 BEING 8.459 ACRESSITUATED IN THEGRANDERSON STARK SURVEY, ABSTRACT NO. 798, CITY OF ANNA, COLLIN COUNTY, TEXASMARCH 2023SHEET 1 OF 2EXHIBIT ASHEET 1 OF 2APPROVEDApril 3, 2023P&Z COMMISSIONCITY OF ANNA APPROVED April 11, 2023CITY COUNCIL CITY OF ANNA G:\TXN\Projects\Qualico\10335-02-Leonard_Trails_Phase_1\SV\04_CAD\10335-02_MPLT.dwg 2023-03-27-12:24 rsilvas OWNER'S CERTIFICATESTATE OF TEXAS ~COUNTY OF COLLIN ~BEING, all of that 8.459 acre (368,457 square foot) tract of land situated in the Granderson Stark Survey, Abstract No. 798, in the City of Anna,Collin County, Texas; being part of that called 62.485 acre tract of land described in General Warranty Deed to Rising Waukulla Investments, L.P.as recorded in Instrument No. 20211215002524980 of the Official Public Records of Collin County, Texas; and being part of that called 35.161acre tract of land described in Special Warranty Deed to Rising Waukulla Investments, L.P. as recorded in Instrument No. 202206106000036410of the Official Public Records of Collin County, Texas; said 8.459 acre tract of land being more particularly described by metes and bounds asfollows:BEGINNING, at a 1/2-inch iron rod with illegible cap found at the northeast corner of said 35.161 acre tract; said point being the northwest cornerof that tract of land described in Special Warranty Deed to Jyoti and Nishi Bhatia Living Trust, dated March 22, 2005 as recorded Instrument No.20220106000036390 of the Official Public Records of Collin County, Texas; said point being in the south line of F.M. 455 (E. White Street - avariable width right-of-way);THENCE, departing the south line of said F.M. 455 (E. White Street), South 00 degrees 03 minutes 42 seconds West, along the east line of said35.161 acre tract and the west line of said Jyoti and Nishi Bhatia Living Trust tract, a distance of 349.90 feet to a point for corner; said point beingthe northeast corner of that called 89.188 acre tract of land described in Special Warranty Deed to Qualico Developments, Inc. as recorded inInstrument No. 2023000020836 of the Official Public Records of Collin County, Texas;THENCE, departing the east line of said 35.161 acre tract and the west line of said Jyoti and Nishi Bhatia Living Trust tract, with the north line ofsaid 89.188 acre tract, the following five (5) courses and distances:North 89 degrees 50 minutes 08 seconds West, a distance of 444.84 feet to a point for corner;South 00 degrees 09 minutes 52 seconds West, a distance of 10.00 feet to a point for corner;North 89 degrees 50 minutes 08 seconds West, a distance of 819.30 feet to a point for corner;North 89 degrees 31 minutes 51 seconds West, a distance of 61.86 feet to a point for corner;North 89 degrees 52 minutes 34 seconds West, a distance of 464.25 feet to a point for corner in the west line of said 62.485 acre tract;said point being the northwest corner of said 89.188 acre tract;THENCE, departing the north line of said 89.188 acre tract, North 20 degrees 11 minutes 30 seconds East, along the west line of said 62.485acre tract, a distance of 332.29 feet to a 1/2-inch iron rod with “ROOME” cap found for corner; said point being in the north line of that tract of landdescribed in Corrective Instrument to Jonic Investments, LLC as recorded in Instrument No. 20171114001515750 of the Official Public Recordsof Collin County, Texas; said point being in the south line of said F.M. 455 (E. White Street);THENCE, North 88 degrees 34 minutes 32 seconds East, along the south line of said F.M. 455 (E. White Street), a distance of 37.24 feet to1/2-inch iron rod with “ROOME” cap found for corner;THENCE, departing the south line of said F.M. 455 (E. White Street), North 00 degrees 15 minutes 19 seconds East, a distance of 74.83 feet to a1/2-inch iron rod with “ROOME” cap found for corner; said point being the northernmost northwest corner of said 62.485 acre tract; said pointbeing in the north line of said F.M. 455 (E. White Street);THENCE, South 89 degrees 50 minutes 41 seconds East, along the north line of said F.M. 455 (E. White Street) and the north line of said 62.485acre tract, a distance of 363.61 feet to a 5/8-inch iron rod with “TXDOT” cap for corner; said point being the northwest corner of a tract of landdescribed in Deed to Jeffrey Scott Howell, Et Al as recorded in Instrument No. 20170811001075300 of the Official Public Records of CollinCounty, Texas, said point being in the north line of said F.M. 455 (E. White Street);THENCE, departing the north line of said F.M. 455 (E. White Street) and the north line of said 62.485 acre tract, South 00 degrees 08 minutes 20seconds West, a distance of 310.76 feet to a 1/2-inch iron rod with “ROOME” cap found for corner; said point being the southwest corner of saidJeffrey Scott Howell, Et Al tract;THENCE, North 89 degrees 10 minutes 19 seconds East, a distance of 292.29 feet to a 1/2-inch iron rod with “ROOME” cap found for corner;said point being the southeast corner of a tract of land described in Assumption Warranty Deed to Kim Fletcher as recorded in Volume 6049,Page 4566 of the Deed Records of Collin County, Texas;THENCE, South 00 degrees 27 minutes 56 seconds East, a distance of 79.74 feet to a 5/8-inch iron rod with “CARTER BURGESS” cap found forcorner; said point being the southwest corner of a tract of land described in Warranty Deed to Anthony D. Nuzzi as recorded in Volume 4790,Page 2324 of the Deed Records of Collin County, Texas;THENCE, North 88 degrees 24 minutes 02 seconds East, a distance of 228.60 feet to a 1/2-inch iron rod found for corner; said point being thesoutheast corner of a tract of land described in General Warranty Deed to James E. Stephens and Sue K. Stephens as recorded in Volume 1671,Page 563 of the Deed Records of Collin County, Texas;THENCE, North 00 degrees 36 minutes 37 seconds East, a distance of 145.29 feet to a 1/2-inch iron rod found for corner; said point being thesouthwest corner of a tract of land described in General Warranty Deed to Bruna Brentano Dos Santos and Jhoshua Daniel Garcia Gutierrez asrecorded in Instrument No. 2022000110299 of the Official Public Records of Collin County, Texas;THENCE, North 88 degrees 33 minutes 22 seconds East, a distance of 109.96 feet to a 1/2-inch iron rod found for corner; said point being thesoutheast corner of said Bruna Brentano Dos Santos and Jhoshua Daniel Garcia Gutierrez tract;THENCE, South 00 degrees 18 minutes 47 seconds West, a distance of 145.18 feet to a point for corner; said point being the southwest corner ofa tract of land described in Warranty Deed to Benny J. Milam and Margaret A. Milam as recorded in Instrument No. 97-0007700 of the DeedRecords of Collin County, Texas;THENCE, North 88 degrees 16 minutes 09 seconds East, a distance of 198.34 feet to a 1/2-inch iron rod found for corner; said point being thesoutheast corner of said Benny J. Milam and Margaret A. Milam tract;THENCE, North 00 degrees 24 minutes 00 seconds East, a distance of 328.55 feet to a 1/2-inch iron rod found for corner; said point being thenortheast corner of said Benny J. Milam and Margaret A. Milam tract; said point being in the south line of said F.M. 455 (E. White Street);THENCE, North 88 degrees 37 minutes 41 seconds East, along the south line of said F.M. 455 (E. White Street), a distance of 443.02 feet to thePOINT OF BEGINNING and containing an area of 8.459 acres or 368,457 square feet of land, more or less.OWNER'S DEDICATIONNOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:THAT, RISING WAUKULLA INVESTMENT, L.P. acting herein by and through it's duly authorized officers, does hereby adopt this plat designating thehereinabove described property as E. WHITE STREET/LEONARD TRAILS COMMERCIAL, an addition to the City of Anna, Texas, and does hereby dedicate, infee simple, to the public use forever, the streets and alleys shown thereon. The streets and alleys are dedicated for street purposes. The easements and publicuse areas, as shown, are dedicated for the public use forever, for the purposes indicated on this plat. No buildings, fences, trees, shrubs, or other improvementsor growths shall be constructed or placed upon, over, or across the easements as shown, except that landscape improvements may be placed in landscapeeasements, if approved by the City of Anna. In addition, utility easements may also be used for the mutual use and accommodation of all public utilities desiringto use or using the same unless the easement limits the use to particular utilities, said use by public utilities being subordinate to the public's and City of Anna'suse thereof. The City of Anna and public utility entities shall have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs, orother improvements or growths which may in any way endanger or interfere with the construction, maintenance, or efficiency of their respective systems in saideasements. The City of Anna and public utility entities shall at all times have the full right of ingress and egress to or from their respective easements for thepurpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to or removing all or parts of their respective systemswithout the necessity at any time of procuring permission from anyone.WITNESS MY HAND, THIS THE _____ DAY OF ____________________ , 2023.___________________________________ __________________________________SignaturePrinted Name / TitleNOTARY CERTIFICATESTATE OF TEXAS ~COUNTY OF COLLIN ~BEFORE ME, the undersigned authority, a Notary Public in and for said county and state, on this day personally appeared________________________________ known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that heexecuted the same for the purpose and consideration thereof expressed.GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS _____ DAY OF _______________________ , 2023.________________________________________NOTARY PUBLIC in and for the STATE OF TEXASSURVEYOR'S CERTIFICATESTATE OF TEXAS ~COUNTY OF TARRANT ~That I, René Silvas, do hereby certify that I prepared this Plat and the field notes made a part thereof from an actual and accurate survey of the land and that thecorner monuments shown thereon were properly placed under my personal supervision, in accordance with the Subdivision regulations of the City of Anna,Texas.Dated this the ____ day of ____________________ , 2023.________________________________________René Silvas, RPLS No. 5921 DateNOTARY CERTIFICATESTATE OF TEXAS ~COUNTY OF COLLIN ~BEFORE ME, the undersigned authority, a Notary Public in and for said county and state, on this day personally appeared René Silvas, known to me to be theperson whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and consideration thereofexpressed and in the capacity therein stated and as the act and deed therein stated.GIVEN UNDER MY HAND AND SEAL OF OFFICETHIS _____ DAY OF ____________________, 2023.________________________________________NOTARY PUBLIC in and for the STATE OF TEXASPreliminary, this documentshall not be recorded for anypurpose and shall not beused or viewed or relied uponas a final survey document.CERTIFICATE OF APPROVALAPPROVED on this the _______ day of _______________ , 20_____, by the City Council, City of Anna,Texas.________________________________________Mayor________________________________________City SecretaryBGE, Inc.777 Main Street, Suite 1900, Fort Worth, TX 76102Tel: 817-887-6130 • www.bgeinc.comTBPELS Registration No. 10194416Copyright 2023SURVEYORContact: René Silvas, R.P.L.S.Telephone: 817-752-4183 • Email: rsilvas@bgeinc.comRISING WAUKULLA INVESTMENT, L.P.1 Fox Hollow LaneMelissa, Texas 75454Contact: Mr. Doug ZadowPhone: 469-667-8760OWNERMINOR PLATE. WHITE STREET/LEONARD TRAILS COMMERCIALBLOCK A, LOTS 1, 2, 3, & 4 BEING 8.459 ACRESSITUATED IN THEGRANDERSON STARK SURVEY, ABSTRACT NO. 798, CITY OF ANNA, COLLIN COUNTY, TEXASMARCH 2023SHEET 2 OF 2EXHIBIT ASHEET 2 OF 2APPROVEDApril 3, 2023P&Z COMMISSIONCITY OF ANNA APPROVED April 11, 2023CITY COUNCIL CITY OF ANNA Item No. 6.i. City Council Agenda Staff Report Meeting Date: 4/11/2023 Staff Contact: Ross Altobelli AGENDA ITEM: Approve a Resolution regarding the Waldrip Switchyard Addition, Block A, Lot 1, Final Plat. (Director of Development Services Ross Altobelli) SUMMARY: One lot on 4.2± acres located on the south side of County Road 429, 1,920± feet east of County Road 376. Zoned: Extraterritorial Jurisdiction (ETJ). The purpose for the Final Plat is to dedicate right-of-way, lot and block boundaries, and easements necessary for future development. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Final Plat is in conformance with the city’s Subdivision Regulations. The Planning and Zoning Commission recommended approval subject to additions and/or alterations following Collin County’s On-Site Sewage Facility (OSSF) review and approval. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Locator Map 2. RESOLUTION - (FP) Waldrip Switchyard Addition, Block A, Lot 1 3. Exhibit A (STAMPED) - Waldrip Switchyard Addition Final Plat COUNTY ROAD 429 Copyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 300 600150 Feet March 2023 H:\Notification Maps\Notification Maps\ Final Plat - Waldrip Switchyard Addition, Block A, Lot 1 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING WALDRIP SWITCHYARD ADDITION, BLOCK A, LOT 1, FINAL PLAT WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the “City Council”) has adopted Article 9.02 of the Anna City Code of Ordinances (“Subdivision Regulations”); and WHEREAS, Rayburn Electric Cooperative, Inc. has submitted an application for the approval of the Waldrip Switchyard Addition, Block A, Lot 1, Final Plat; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Final Plat The City Council hereby approves the Waldrip Switchyard Addition, Block A, Lot 1, Final Plat attached hereto as Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 11th day of April, 2023. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie L. Land Mayor, Nate Pike SURVEYOR:618 Main Street Garland, TX 75040 Ph. (972) 494-5031 Fax (972) 487-2270 www.rdelta.com TBPE No. F-1515 TBPLSE No. F-10155000E N G I N E E R S OWNER: RAYBURN COUNTRY ELECTRIC COOP. INC. P.O. BOX 37 ROCKWALL, TEXAS 75087-0037 PHONE: 469-402-2100 RDE PROJECT NO. 3053-22 SHEET 1 OF 1 BEING A 4.156 ACRE TRACT OF LAND OUT OF THE MARK ROBERTS SURVEY, ABSTRACT NO. 742, COLLIN COUNTY, TEXAS 04/04/2023 “” ” “”“” ” ” ” ” “” NOTES ACCORDING TO FLOOD INSURANCE RATE MAP (FIRM) MAP NO. 48085C0280J, DATED 06/02/2009, PREPARED BY FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FOR COLLIN COUNTY, TEXAS, THIS PROPERTY IS WITHIN ZONE X. THE COORDINATES AND BEARINGS SHOWN HEREON ARE BASED ON THE THE TEXAS COORDINATE SYSTEM OF 1983, NORTH CENTRAL ZONE (4202). ALL DISTANCES ARE IN U.S. SURVEY FEET AND REPORTED AT THE SURFACE BY APPLYING A COMBINED FACTOR OF 1.000152710. LEGEND CC# = COUNTY CLERK NUMBER ETJ = EXTRA TERRITORIAL JURISDICTION P.O.B. = POINT OF BEGINNING RDR = 5/8-INCH STEEL ROD WITH AN ORANGE PLASTIC CAP READING “R-DELTA ENGINEERS FIRM #10155000” RECOVERED R.O.W. = RIGHT-OF-WAY O.P.R.C.C.T. = OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS SITE PURPOSE THE PURPOSE OF THIS PLAT IS TO CREATE A BUILDING LOT FOR A SUBSTATION SITE. X=2,570,517.51 Y=7,192,073.37 S 00°52'53"W419.10'S 88°52'37"E 408.11'S 00°52'53"W419.10'S 84°16'33"W 410.80'N 00°52'38"E468.07'757 CHURCHILL DEVELOPMENT LP TRACT THREE CALLED 56.182 ACRES CC# 2022000093690 O.P.R.C.C.T. RAYBURN COUNTY ELECTRIC COOPERATIVE, INC. CALLED 30.00 ACRES CC# 2022000145219 O.P.R.C.C.T.SAINT THOMAS DALLAS, LLCCALLED 94.85 ACRESCC# 20211123002396350O.P.R.C.C.T.RAYBURN COUNTY ELECTRIC COOPERATIVE, INC. CALLED 30.00 ACRES CC# 2022000145219 O.P.R.C.C.T.17.83'RUTH THERESA WRIGHTCALLED 28.5 ACRESINST. NO. 20130604000764100O.P.R.C.C.T.100' Electric Line Easement and Right-of-Way to Grayson Collin Electric Cooperative, Inc. Rayburn Electric Cooperative CC# 2022000149945 O.P.R.C.C.T.100' EASEMENT & ROWTEXAS POWER & L IGHTVOLUME 295 , PAGE 626O.P .R .C .C .T . 30' EASEMEN T to COUNTY OF C O L L I N CC# 20131023 0 0 1 4 5 2 0 8 0 30' EASEMENT to COUNTY OF COLLIN CC# 2013082600120 6 2 4 0 30' EASEMENT to COUNTY OF COLLIN CC# 20130826001206240 S 89°15'00"E 242.49'N 89°05'50"E 139.92' N 83°18'20"E 26.00'20.62'30.68'EASEMENT & RO W NORTH TEXAS PIP E L I N E INST. NO. 2005-0 1 4 0 8 3 2 O . P . R . C . C . T . 25' BUILDING SETBACK NOTICE SELLING A PORTION OF THIS ADDITION BY METES AND BOUNDS IS A VIOLATION OF THE CITY SUBDIVISION ORDINANCE AND STATE PLATTING STATUTES AND IS SUBJECT TO FINES AND THE WITHHOLDING OF UTILITIES AND BUILDING PERMITS. CERTIFICATE OF APPROVAL APPROVED ON THIS THE DAY OF , 2023 BY THE CITY COUNCIL OF ANNA, TEXAS. MAYOR CITY SECRETARY N:\PROJECTS\SURVEY\Deliverable\3053-22 Trussell Switchyard (REC)\dwg\3053-22 Prelim Plat.dwg, 24X36 Survey Report, 4/4/2023 2:41:35 PM, John RossN 83°18'20"E 26.00' Item No. 6.j. City Council Agenda Staff Report Meeting Date: 4/11/2023 Staff Contact: Ross Altobelli AGENDA ITEM: Approve a Resolution regarding the Slayter Creek Park (Anna ISD Park Addition, Lot 2), Site Plan. (Director of Development Services Ross Altobelli) SUMMARY: Public Park on one lot on 46.7± acres located on the south side of Rosamond Parkway, 1,190± feet west of N. Powell Parkway. Zoned Agricultural District (AG). The purpose of the Site Plan is to show the proposed parking lot expansion, sports court additions, and related site improvements. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Site Plan is in conformance with the city’s Subdivision Regulations and Zoning Ordinances. The Planning and Zoning Commission recommended approval subject to additions and/or alterations to the engineering plans as required by the Public Works Department. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Unique and Active ATTACHMENTS: 1. Anna ISD Park Addition, Lot 2 Locator Map 2. RESOLUTION - (SP) Slayter Creek Park (Anna ISD Park Addition, Lot 2) 3. EXHIBIT A (STAMPED) - SP (Slayter Creek Park - parking lot and sports court) INDIAN CREEK GREYWOODDRMAPLEJEANINEDRYARBROUGHDR BANBURY DRANTHONY STATWOODDR NRIGGINSSTRENATO DR MARKHAMDRPEMBERTON DRROXBY C T ROLLINS RD LIAM D R ROSE WAY WEST C R OS SI NGBLVDNSPLIT OAK LN MAPLETON DR A C E V E S C T MCKEECTGREENLEAF CT FIREWOOD WAY TWIN PINE CT HARBOR OAKS DR BI RDSONGTRLLYNDHURST DR EDINBURGH DR E COUNTY ROAD 370 BERRY CT T R E ESHADOWLNFOREST GLEN DR NORTHFIELD DR EMERSON DR MORLEYDRCENTURYTREELNHIGHB E R RYDRLIDO LNHOLCOMBE DR CHALK RD AUTUMNTRLARBORLNQ UAILB R O O KSIDE DRCALHOUNDR ROBI N S O N D R WOODVIEW CT LANGDONDROAKE ROSAMOND PKWY FM2862COUNTYROAD369NPOWELLPKWYFERN ST W ROSAMOND PKWY Copyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 500 1,000250 Feet February 2023 H:\Notification Maps\Notification Maps\ Site Plan - Anna ISD Park Addition, Lot 2 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING SLAYTER CREEK PARK (ANNA ISD PARK ADDITION, LOT 2), SITE PLAN. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the “City Council”) has adopted Article 9.02 (“Subdivision Regulation”) and Article 9.04 (“Zoning Ordinance”) of the Anna City Code of Ordinances; and WHEREAS, The City of Anna has submitted an application for the approval of Slayter Creek Park (Anna ISD Park Addition, Lot 2), Site Plan; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Site Plan The City Council hereby approves Slayter Creek Park (Anna ISD Park Addition, Lot 2), Site Plan attached hereto as Exhibit A subject to additions and/or alterations to the engineering plans as required by the Public Works Department. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 11th day of April, 2023. ATTEST: APPROVED: _____________________________ ____________________________ City Secretary, Carrie L. Land Mayor, Nate Pike 728728728726727726726726 725726726726726 72 6 7277287287287287 2 7 47181817171818171713R15'R 2 0 'R6'R4'R15'23.9'9.0' TYP18.0'24.0'20.0'20.0'24.0'20.0'20.0'24.4'24.4'18.0'26.3'9.0' TYP20.0'20.0'24.0'20.0'20.0'13.1'14.0'8.0'18.5'8.0'21.0'8.0'8.0'8.0'8.0'8.0'8.0'32.1' 7.9'35.8'8.0'24.9'62.1'30.0'R15.0'R3.0'R3.0'R15.0'R3.0'R3.0'R15.0'R3.0'R3 . 0 'R3.0'R3 . 0 'R3.0'R3.0 'R3.0'R3 . 0 'R3.0'R3 . 0 'R3.0'R3.0 'R3.0'R3.0'R3 . 0 'R3.0'R15.0'R 3 . 0 'R1 5 . 0 'R3.0'R3. 0 'R15.0'R15.0 'R3.0'R3.0'W. ROSAMOND PARKWAYLOC LOC LOC LOC LOC LOC LOCLOCLOCLOCLOCLOCLOCLOCLOCLOCLOCLOCLOCLOCLOCLOCLOCLOC LOCLOCLOCLOCLOCLOCLOCCONCRETESIDEWALKSCONNECT TOEXISTING CURBCONNECT TOEXISTING CURBSITE BM #2004N:7184563.56E:2562407.87ELEVATION: 725.35'9.0'R3 . 0 'R3.0'R3.0'R3.0'R3.0 'R3.0'R3 . 0 ' 33.0' 8.0'FUTURECONNECTIONSBY OTHERSEXISTING ADASTALLSEXISTINGCONCRETEPARKING LOTPROPOSEDCONCRETEPARKING LOTRE-STRIPE FORADA PARKINGADA PARKINGRIGHT OF WAYDEDICATIONVOLUME 2021,PAGE 415,P.R.C.C.T.GWYN MORRISON SURVEYA B S T R A C T NO . 5 5 9 LOT 2ANNA ISD PARK ADDITIONVOLUME 2006, PAGE 326,P.R.C.C.T.60' ROWEXISTINGCONCRETE DRIVEEXISTING 3' SPLITRAIL FENCEEXISTINGCONCRETEPARKING LOTWxWxWxWxWxWxWxWxWxWxWxWxWxWxWxWxWxWxWxWxW W W W CUT IN 12"X6" TEE; FIELD VERIFYSIZE AND LOCATION OF CITY MAIN12" EXISTING CITY MAINAPPROXIMATE LOCATION6" WATER LINECONNECTION FORFIRE HYDRANTFIRE HYDRANT PER CITY STANDARD145.6'11.0'\\DALFIL02\Projects\UDP\PLA\D3675900_City Of Anna Various Parks\700 Working Documents\740 Sheets\740.01 Civil\Slater Creek Park\SITE PLAN Planning.dwg, 3/19/2023 9:11 PM, Baker, Jake 47SITE PLAN - 01SITE PLAN - 02Site PlanAnna ISD Park Addition, Lot 2Slayter Creek Park46.7 acresCity of Anna, Collin CountyAnna, TXGWYN MOORISON SURVEYABSTRACT #559March 20, 2023N20'10'40'01" = 20'-0"80'US-75US-5E. WHITE STW. WHITE STHOUSTON STW. CROSSING BLVDCity of Anna Neighborhood ServicesDepartment111 N. Powell ParkwayAnna, Texas 75409(972)-924-33251999 BRYAN STREET, STE 1200DALLAS, TEXAS 75201PH. 214.583.8500www.jacobs.comFERGUSON PKWYVICINITY MAPN.T.S.PROPERTY OWNER INFORMATION:CITY OF ANNA NEIGHBORHOOD SERVICES DEPARTMENT111 N. POWELL PARKWAYANNA, TEXAS 75409(972)-924-3325DESIGN PROFESSIONAL INFORMATION:JACOBS ENGINEERINGADDRESS: 1999 BRYAN STREET, #1200DALLAS, TEXAS 75201PLAOR: CHAD ST.JOHN, PLAPREPARED BY: JAKE BAKER, PLAPHONE: 972-268-0361EMAIL: CHAD.STJOHN@JACOBS.COMPURPOSE STATEMENT:PROVIDE ADDITION PARKING, PICKEL BALL COURTS,AND BASKETBALL COURTS AT SLATER CREEK PARKW. ROSAMOND PKWYN POWELL PKWYSITE DATA SUMMARY TABLEItemLot 2R3General Site DataZoning (from zoning map)Land Use (from Zoning Ordinance)Lot Area (square feet & acres)Building Footprint Area (square feet)Total Building Area (square feet)Building Height (# stories)Building Height (feet – distance to tallest building element)Lot Coverage (percent – x.xx%)Multifamily Units# of studios / Minimum square feet# of 1 bedrooms / Minimum unit size# of 2 bedrooms / Minimum unit size# of 3 bedrooms / Minimum unit sizeTotal Unit CountParkingParking Ratio (from Zoning Ordinance)Required Parking (# spaces)Provided Parking (# spaces)Accessible Parking Required (# spaces)Accessible Parking Provided (# spaces)Landscape Area (including turf areas)Required internal landscape area(square feet - 8 square feet perparking space)Additional interior landscape area provided (square feet)Total Landscape Area (square feet)46.71 Acres2,034,687.6 SF0 - no building0 - no building0 - no building0 - no building0 - no building0 - no building0 - parking per parks board determinationAGPARK0 - parking per parks board determination200 new spaces provided0 - parking per parks board determination5 new accessible spaces provided200 * 8 = 1,600 SF required25,950 SF Total Landscape Provided4,927 SF ProvidedPROJECTLOCATIONNOTE:NO PROTECTED TREESWILL BE REMOVED.APPROXIMATE LIMIT OF CONSTRUCTIONPROPERTY BOUNDARYPROPOSED CONCRETE SIDEWALKPROPOSED CONCRETE PAVINGPARKING COUNTEXISTING TREELOCLEGENDEXISTING CONTOURPROPOSED CONTOUREXHIBIT ASHEET 1 OF 2 APPROVED April 11, 2023CITY COUNCIL CITY OF ANNAAPPROVEDApril 3, 2023P&Z COMMISSIONCITY OF ANNA 72572472472572672472572572 672672 6 18W W W W R6'R4' 20.0' 9.5'107.0'132.0'26.3'50.5'138.0'60.0'9.0'61.5'8.0'18.5'77.7'8.0'35.8'R50'33.0'36.0'33.0'16.5'16.5'30.0' 30.0'31.5'53.5' 37.0'28.5'R3.0'R1 5 . 0 'R3.0'R3.0'LOCLOCLOCLOCLOCLOCLOCLOCLOCLOCLOCLOCLOCLOCLOCLOCLOC LOC LOC LOC LOCCONCRETESIDEWALKSBASKETBALL COURTSCONCRETE- POST TENSIONSLABS FOR ALL SPORTSCOURTSSITE BM #2004N:7184563.56E:2562407.87ELEVATION: 725.35'R3 . 0 'R3.0'R3.0'R3.0'R3 . 0 '69.0'53.5' 33.0'6.0'8.0'30.0'1.5'RE-STRIPE FORADA PARKING10' FENCE WITHWIND SCREENSON SPORTSCOURTSPICKLE BALL COURTSGWYN MORRISON SURVEYABSTRACT NO. 559LOT 2ANNA ISD PARK ADDITIONVOLUME 2006, PAGE 326,P.R.C.C.T.EXISTINGCONCRETEPARKING LOT\\DALFIL02\Projects\UDP\PLA\D3675900_City Of Anna Various Parks\700 Working Documents\740 Sheets\740.01 Civil\Slater Creek Park\SITE PLAN Planning.dwg, 3/19/2023 9:10 PM, Baker, Jake SITE PLAN - 01SITE PLAN - 02Site Plan-02Anna ISD Park Addition, Lot 2Slayter Creek Park46.7 acresCity of Anna, Collin CountyAnna, TXGWYN MOORISON SURVEYABSTRACT #559March 20, 2023PROJECTLOCATIONN20'10'40'01" = 20'-0"80'US-75US-5E. WHITE STW. WHITE STHOUSTON STW. CROSSING BLVDCity of Anna Neighborhood ServicesDepartment111 N. Powell ParkwayAnna, Texas 75409(972)-924-33251999 BRYAN STREET, STE 1200DALLAS, TEXAS 75201PH. 214.583.8500www.jacobs.comFERGUSON PKWYVICINITY MAPN.T.S.PROPERTY OWNER INFORMATION:CITY OF ANNA NEIGHBORHOOD SERVICES DEPARTMENT111 N. POWELL PARKWAYANNA, TEXAS 75409(972)-924-3325DESIGN PROFESSIONAL INFORMATION:JACOBS ENGINEERINGADDRESS: 1999 BRYAN STREET, #1200DALLAS, TEXAS 75201PLAOR: CHAD ST.JOHN, PLAPREPARED BY: JAKE BAKER, PLAPHONE: 972-268-0361EMAIL: CHAD.STJOHN@JACOBS.COMPURPOSE STATEMENT:PROVIDE ADDITION PARKING, PICKEL BALL COURTS,AND BASKETBALL COURTS AT SLATER CREEK PARKW. ROSAMOND PKWYN POWELL PKW Y NOTE:NO PROTECTED TREESWILL BE REMOVED.47APPROXIMATE LIMIT OF CONSTRUCTIONPROPERTY BOUNDARYPROPOSED CONCRETE SIDEWALKPROPOSED CONCRETE PAVINGPARKING COUNTEXISTING TREELOCLEGENDEXISTING CONTOURPROPOSED CONTOUREXHIBIT ASHEET 2 OF 2APPROVEDApril 3, 2023P&Z COMMISSIONCITY OF ANNA APPROVED April 11, 2023CITY COUNCIL CITY OF ANNA Item No. 6.k. City Council Agenda Staff Report Meeting Date: 4/11/2023 Staff Contact: Ross Altobelli AGENDA ITEM: Approve a Resolution regarding the Natural Springs Park (Autozone Addition, Block A, Lot 2), Site Plan. (Director of Development Services Ross Altobelli) SUMMARY: Public Park on one lot on 19.3± acres located on the south side of W. White Street, 1,255± feet east of S. Ferguson Parkway. Zoned C-1 Restricted Commercial District and SF-E Single-Family Residential - Large Lot. The purpose of the Site Plan is to show the proposed parking lot expansion and related site improvements. The parking lot expansion includes 47 new parking spaces for the park. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Site Plan is in conformance with the city’s Subdivision Regulations and Zoning Ordinances. The Planning and Zoning Commission recommended approval subject to additions and/or alterations to the engineering plans as required by the Public Works Department. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique and Active. ATTACHMENTS: 1. Natural Springs Park Locator Map 2. RESOLUTION - (SP) Natural Springs Park (Autozone Addition, Block A, Lot 2) 3. EXHIBIT A (STAMPED) - SP (Natural Springs Park) SHERWOODDRSFERGUSONPKWYBUFFALO BILL DRBUTCHCASSIDY DRCEDARCREEKDRELM ST W WHITE ST SLATERCREEKRDBROOKVIEWCTWESTCROSSINGBLVDSSTONERIDGEDRDOGWOOD DRALDER DR BAMBOO DR RIVER CROSSING DR BRIDGEPORT DRASH STLIVEOAKDRDURHAM DR WESTWOOD CT WESTGATE CT CRESTWOOD DR PIN OAK TRL BLACK OAK CT WILLOW WAY RED OAK TRL CHESTNUT ST WHITE OAK RD PARK VISTA DR WILLOWCREEKDRBRENTFIELD DR WESTFIELD DRDOC HOLLIDAY DR WYATT EARP DR HAZELS WAYBENS DRCopyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 400 800200 Feet February 2023 H:\Notification Maps\Notification Maps\ Site Plan - Natural Springs Park CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING NATURAL SPRINGS PARK (AUTOZONE ADDITION, BLOCK A, LOT 2), SITE PLAN. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the “City Council”) has adopted Article 9.02 (“Subdivision Regulation”) and Article 9.04 (“Zoning Ordinance”) of the Anna City Code of Ordinances; and WHEREAS, The City of Anna has submitted an application for the approval of Natural Springs Park (Autozone Addition, Block A, Lot 2), Site Plan; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Site Plan The City Council hereby approves Natural Springs Park (Autozone Addition, Block A, Lot 2), Site Plan attached hereto as Exhibit A subject to additions and/or alterations to the engineering plans as required by the Public Works Department. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 11th day of April, 2023. ATTEST: APPROVED: _____________________________ ____________________________ City Secretary, Carrie L. Land Mayor, Nate Pike CONCRETE 20' 18' 20'24'18'18'24'18'9' TYP 9' TYP24'6'9' TYP.9' TYP.LOT 2R4, BLOCK A AUTOZONE ADDITION VOL. 2019, PG. 821, O.P.R.C.C.T CITY OF ANNA DOCUMENT NO. 20060714000982730, O.P.R.C.C.T.26' PUBLIC ACCESS & UTILITYEASEMENT (VOL. 2019, PG 821)15' DRAINAGEEASEMENT(VOL. 2019, PG 821)R5'R5 ' R5'R5 ' R5' R25'R10'R10'R10'R10'R5' R 2 ' T Y P . R2' TY P. R 2 ' T Y P . R2' TYP. 5'4.5' 24' 9 PARKING SPACES 10 PARKING SPACES6 PARKING SPACES12 PARKING SPACES10 PARKING SPACES200 200 201 202 202 202 202 206 206 207 200 6'203 205 201N01°54'57"E 179.11'N88°10'21"W 142.93'N00°57'21"W 163.12'S88°24'08"E 134.76'24'9' TYP.8'26' 205 203 207 205 204 204 204 203 70'40'\\DALFIL02\Projects\UDP\PLA\D3675900_City Of Anna Various Parks\700 Working Documents\740 Sheets\740.01 Civil\Natural Springs Park\D3675900 - SP100.dwg, 3/17/2023 6:48 PM, Baker, JakeN 10'5'20'0 1" = 10'-0" 40' SITE PLAN NATURAL SPRINGS PARK 0.518 ACRES ANNA, TX, COLLIN COUNTY ANNA, TX FEBRUARY 24, 2023 LOT 2 BLOCK A; AUTOZONE ADDITION VOL.2007, PG. 221; O.P.R.C.C.T. PROJECT LOCATION US-75 US-5 E. WHITE STW. WHITE ST HOUSTON ST W. CROSSING BLVDSITE DATA SUMMARY TABLE Item Lot 2R3 General Site Data Zoning (from zoning map) Land Use (from Zoning Ordinance) Lot Area (square feet & acres) Building Footprint Area (square feet) Total Building Area (square feet) Building Height (# stories) Building Height (feet – distance to tallest building element) Lot Coverage (percent – x.xx%) Multifamily Units # of studios / Minimum square feet # of 1 bedrooms / Minimum unit size # of 2 bedrooms / Minimum unit size # of 3 bedrooms / Minimum unit size Total Unit Count Parking Parking Ratio (from Zoning Ordinance) Required Parking (# spaces) Provided Parking (# spaces) Accessible Parking Required (# spaces) Accessible Parking Provided (# spaces) Landscape Area (including turf areas) Required internal landscape area (square feet - 8 square feet per parking space) Additional interior landscape area provided (square feet) Total Landscape Area (square feet) 0.518 Acres 22,585 SF 0 - no building 0 - no building 0 - no building 0 - no building 0 - no building 0 - no building 0 - parking per parks board determination C1 PARK City of Anna Neighborhood Services Department 111 N. Powell Parkway Anna, Texas 75409 (972)-924-3325 1999 BRYAN STREET, STE 1200 DALLAS, TEXAS 75201 PH. 214.583.8500 www.jacobs.comFERGUSON PKWYVICINITY MAP N.T.S. PROPERTY OWNER INFORMATION: CITY OF ANNA NEIGHBORHOOD SERVICES DEPARTMENT 111 N. POWELL PARKWAY ANNA, TEXAS 75409 (972)-924-3325 DESIGN PROFESSIONAL INFORMATION: JACOBS ENGINEERING ADDRESS: 1999 BRYAN STREET, #1200 DALLAS, TEXAS 75201 PLAOR: CHAD ST.JOHN, PLA PREPARED BY: JAKE BAKER, PLA PHONE: 972-268-0361 EMAIL: CHAD.STJOHN@JACOBS.COM APPROXIMATE LIMIT OF CONSTRUCTION PROPERTY BOUNDARY PROPOSED CONCRETE SIDEWALK PROPOSED CONCRETE PAVING LOC PURPOSE STATEMENT: THE PURPOSE OF THIS SITE PLAN IS TO CONSTRUCT A PARKING LOT EXPANSION FOR THE CITY PARK KEYNOTES 200 PROPOSED SIDEWALK 201 EXISTING SIDEWALK 202 TYPE E BARRIER FREE RAMP 203 PROPOSED CONCRETE PAVEMENT 204 EXISTING CONCRETE PAVEMENT 205 FIRE LANE STRIPING; ALIGN WITH EXISTING 206 MID-BLOCK CURB RAMP 207 ACCESSIBLE PARKING STALL LEGEND EXISTING CONTOUR PROPOSED CONTOUR 0 - parking per parks board determination 47 spaces provided 0 - parking per parks board determination 4 accessible spaces provided 47 * 8 = 376 SF required 5,128 SF Total Landscape Provided 526 SF Provided NOTE: NO PROTECTED TREES WILL BE REMOVED.EXHIBIT A APPROVED April 11, 2023 CITY COUNCIL CITY OF ANNA APPROVED April 3, 2023 P&Z COMMISSION CITY OF ANNA Item No. 6.l. City Council Agenda Staff Report Meeting Date: 4/11/2023 Staff Contact: Kimberly Garduno AGENDA ITEM: Approve a Resolution authorizing the submission of the City’s application for the Texas Community Development Block Grant – Downtown Revitalization Program (Economic Development Coordinator Kimberly Garduno) SUMMARY: The Revitalization of Downtown Anna is considered a top priority as outlined by City Council. City staff received notification of two (2) grants that provide infrastructure funding from the Texas Department of Agriculture (TDA). After a preliminary review, the City of Anna has potential to rank high in the selection process and therefore has a solid chance to receive funding for the Downtown Revitalization Program grant. FINANCIAL IMPACT: Funding for this grant match is available in the FY2023 Department budget in the amount of $75,000 if the grant is approved. BACKGROUND: This resolution will authorize the City of Anna to submit a $500,000 application, as well as, a $75,000 match commitment, to the Texas Department of Agriculture to install sidewalks, ADA Accessible ramps, and lighting along 4th Street. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Resilient. ATTACHMENTS: 1. DRP Resolution_City Council CITY OF ANNA, TEXAS RESOLUTION NO. ____________ A RESOLUTION OF THE CITY OF ANNA, TEXAS, AUTHORIZING THE SUBMISSION OF A TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION TO THE TEXAS DEPARTMENT OF AGRICULTURE FOR THE DOWNTOWN REVITALIZATION PROGRAM FUND. WHEREAS, the City Council of the City of Anna desires to develop a viable community, including decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low-to- moderate income; and WHEREAS, certain conditions exist which represent a threat to the public health and safety; and WHEREAS, it is necessary and in the best interests of the City of Anna to apply for funding under the Texas Community Development Block Grant Program; and WHEREAS, the City Council of the City of Anna is committed to compliance with federal, state, and program rules, including the current TxCDBG Project Implementation Manual; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: 1. That a Texas Community Development Block Grant Program application for the Downtown Revitalization Program Fund is hereby authorized to be filed on behalf of the City of Anna with the Texas Department of Agriculture. 2. That the City's application be placed in competition for funding under the Downtown Revitalization Program Fund. 3. That the application be for $500,000 of grant funds for sidewalks, ADA ramps and accessibility, lighting, and electrical improvements in the Downtown District of the City. 4. That all funds will be used in compliance with all applicable federal, state, local and programmatic requirements including but not limited to environmental review, labor standards, procurement, acquisition of property, civil rights, and administrative requirements. 5. That it further be stated that the Anna Community Development Corporation has authorized an expenditure of $75,000 of matching funds toward this project. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 11th day of April 2023. ATTEST: _____________________________ City Secretary, Carrie Land APPROVED: ________________________________ Mayor, Nate Pike Item No. 6.m. City Council Agenda Staff Report Meeting Date: 4/11/2023 Staff Contact: Kimberly Garduno AGENDA ITEM: Approve a Resolution authorizing the submission of the City’s application for the Texas Community Development Block Grant – Community Development Fund (Economic Development Coordinator Kimberly Garduno) SUMMARY: The Revitalization of Downtown Anna is considered a top priority as outlined by City Council. City staff received notification of two (2) grants that provide infrastructure funding from the Texas Department of Agriculture (TDA). After a preliminary review, the City of Anna has potential to rank high in the selection process and therefore has a solid chance to receive funding for TDA’s 2023/2024 Texas Community Development Block Grant (TxCDBG) Community Development Fund (CD). FINANCIAL IMPACT: Funding for this grant match is available in the FY2023 Department budget in the amount of $75,000 if the grant is approved. BACKGROUND: This resolution will authorize the City of Anna to submit a $500,000 application, as well as, a $75,000 match commitment, to the Texas Department of Agriculture to reconstruct streets on Edwards/Riggins streets. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Resilient. ATTACHMENTS: 1. CD Resolution_City Council CITY OF ANNA, TEXAS RESOLUTION NO. ____________ A RESOLUTION OF THE CITY OF ANNA, TEXAS, AUTHORIZING THE SUBMISSION OF A TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION TO THE TEXAS DEPARTMENT OF AGRICULTURE FOR THE COMMUNITY DEVELOPMENT FUND. WHEREAS, the City Council of the City of Anna desires to develop a viable community, including decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low-to- moderate income; and WHEREAS, it is necessary and in the best interests of the City of Anna to apply for funding under the Texas Community Development Block Grant Program; and WHEREAS, the City Council of the City of Anna is committed to compliance with federal, state, and program rules, including the current TxCDBG Project Implementation Manual; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: 1. That a Texas That a Texas Community Development Block Grant Program application for the Community Development Fund is hereby authorized to be filed on behalf of the City of anna with the Texas Department of Agriculture. 2. That the City's application be placed in competition for funding under the Community Development Fund. 3. That the application be for $500,000 of grant funds for street improvements. 4. That all funds will be used in compliance with all applicable federal, state, local and programmatic requirements including but not limited to environmental review, labor standards, procurement, acquisition of property, civil rights, and administrative requirements. 5. That it further be stated that the Anna Community Development Corporation has authorized an expenditure of $75,000 of matching funds for this project. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 11th day of April 2023. ATTEST: _____________________________ City Secretary, Carrie Land APPROVED: ________________________________ Mayor, Nate Pike Item No. 7.a. City Council Agenda Staff Report Meeting Date: 4/11/2023 Staff Contact: Ross Altobelli AGENDA ITEM: Consider/Discussion/Action on a Resolution approving a Development Agreement with Think Big Investments, LLC regarding the development of Woodland Estates, a multiple-family residence development, subject to approval as to legal form of said development agreement by the City's legal counsel. (Director of Development Services Ross Altobelli) SUMMARY: The applicant is requesting to enter into a Pre-annexation agreement with the city in order to adopt development regulations and development standards for 16.1 acres of land generally located on the south side of County Road 427, 530± east of County Road 425. The property shall be developed as generally depicted on the Concept Plan, and includes medium-density, multiple-family residences referred to as Woodland Estates. The two-family dwelling units consisting of one-bedroom, two-bedroom, and three- bedroom units are to be developed in accordance with the MF-1 Multiple-Family Residential - Medium Density District of the Zoning Ordinance and applicable City Regulations, except as amended and modified in the Development Regulations and in the Development Agreement. The overall multiple-family development will have a maximum of 180 units. City staff worked with the development team on the proposed land use entitlements and Concept Plan which are listed within the Development Regulations. FINANCIAL IMPACT: This item has no direct financial impact. However, annexation of the property will make it subject to City of Anna property taxes. Properties located in the Extraterritorial Jurisdiction (ETJ) are not taxed by the City. BACKGROUND: The applicant withdrew a proposed annexation and zoning amendment request which was recommended for denial by the Planning & Zoning Commission on February 6, 2023 due to the proposed zoning not being in conformance with the Future Land Use Plan of the Anna2050 Comprehensive Plan. The proposed Development Agreement allows for the property owner to establish land use entitlements and restrictions as part of an annexation request. STRATEGIC CONNECTIONS: This item has no strategic connection. ATTACHMENTS: 1. Resolution - Woodland Estates Dev Agreement 2. DA - Woodland Estates -4-6-23 (watermark) 3. Exhibit A - Legal Description (Woodland Estates preannexation agreement) 4. Exhibit B - Concept Plan (Woodland Estates preannexation agreement) 5. Exhibit C - Development Standards (Woodland Estates preannexation agreement) CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE WOODLAND ESTATES DEVELOPMENT AGREEMENT WITH THINKK BIG INVESTMENTS, LLC. RELATING TO DEVELOPMENT OF PROPERTY FOR A MULTIPLE-FAMILY RESIDENCE PLANNED DEVELOPMENT WHEREAS, approximately 16.109 acres of real property located in and/or near the municipal boundaries of the City, in Collin County, Texas is intended to be developed as a multiple- family residence planned development (the “Property”); and WHEREAS, the City intends that the Property be developed in accordance with Woodland Estates Development Agreement, attached hereto as Exhibit 1; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval and Authority to Execute The City Council hereby approves the Woodland Estates Development Agreement, attached hereto as Exhibit 1, and authorizes the Mayor’s or the Interim City Manager’s execution of the same. The Mayor or Interim City Manager are hereby authorized to execute all documents and take all other actions necessary to finalize, act under, and enforce the Development Agreement. PASSED by the City Council of the City of Anna, Texas, on this 11th day of April 2023. ATTESTED: APPROVED: ________________________________ _________________________ Carrie L. Land, City Secretary Nate Pike, Mayor DEVELOPMENT AGREEMENT Page 1 DEVELOPMENT AGREEMENT This Development Agreement (this "Agreement") is entered effective as of April 11, 2023 (“Effective Date”) between and among the City of Anna, Texas, a Texas home-rule municipality (the "City") and Thinkk Big Investments, LLC (“Owner”) as follows: RECITALS WHEREAS, the City and the Owner are sometimes referenced herein collectively as the “Parties” or individually as a “Party”; and WHEREAS, the Owner owns a tract of real property being described in Exhibit A and depicted on Exhibit B (the “Property”); and WHEREAS, the Property is located within the extraterritorial jurisdiction of the City (the “ETJ”) and within the City’s Certificate of Convenience and Necessity for the provision of retail water and sewer service; and WHEREAS, the Owner desires to develop the Property solely for multiple-family residential development (the “Project”) with modified development standards as set forth in this Agreement (the “Development Standards”); and WHEREAS, the Parties desire to enter into this Agreement under Section 212.172, Texas Local Government Code, for the purposes stated therein and including, without limitation, to: (i) provide for the terms of annexation of the Property into the City limits; (ii) provide for the dedication, construction, and financing of infrastructure necessary to serve the Property and the Project and that benefit the City and the public; (iii) authorize the enforcement of certain land use and development regulations by the City other than those otherwise applicable within the City limits; (iv) specify the use and development of the Property before and after annexation; and (v) establish those other lawful terms and considerations regarding the Property and the Project deemed appropriate by the Parties; and WHEREAS, the Parties desire that the Property be annexed into the City’s corporate limits promptly after the Effective Date and that the Owner commences development of the Property promptly after the adoption of an ordinance by the City annexing the Property in accordance with this Agreement , and the approval of all required plans and permits for the Project; and WHEREAS, the Parties agree that the City has provided to the landowner of the Property, whether one or more, with: (1) a statement that the landowner is not required to enter into this Agreement; (2) a reference to the authority under which the City may annex the Property including without limitation Subchapter C-3, Chapter 43, Texas Local Government Code; (3) a plain-language description of the annexation procedures applicable to the Property; (4) a statement that said procedures require the landowner's consent; and (5) a statement regarding the municipality's limited waiver of immunity to suit; 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 Agreement; EXHIBIT 1 DEVELOPMENT AGREEMENT Page 2 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: 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 Agreement. 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. 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 (but only to the extent not affected by this Agreement), and other policies duly adopted by the City including without limitation any such regulations or requirements that would otherwise be affected in any manner by Chapter 3000 of the Texas Government Code (“Materials and Methods Regulations”), all of 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, 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 Property, Owner agrees to comply and 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 (“Anna Code”, 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 must agree in writing to assume Owner’s responsibilities set forth herein; provided, however, a Subsequent Owner’s failure to agree in writing does not alleviate a Subsequent Owner from being fully bound by this Agreement and this Agreement shall for all purposes run with the land and be binding on all Subsequent Owners. For purposes of this Agreement the term "Subsequent Owner” DEVELOPMENT AGREEMENT Page 3 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. C. Owner agrees that the Property shall be developed in conformance with the concept plan attached as Exhibit B. Owner further agrees that the mandatory Development Standards for the Property and Project are as set forth in Exhibit C. SECTION 3. ANNEXATION, LAND USE AND ZONING. A. Annexation and Services. (1) Annexation. Pursuant to Subchapter C-3, Chapter 43, Texas Local Government Code, this Agreement, as of the Effective Date, shall constitute Owner’s agreement to petition for the voluntary annexation of the Property into the corporate limits of the City. Owner shall submit an annexation petition/application to the City on the City’s standard form (the “Annexation Petition”) within sixty (60) days after the Effective Date. Owner shall further execute and supply any and all instruments and/or other documentation necessary for the City to legally annex the Property. The City shall, in accordance with applicable statutory requirements, take all steps necessary to complete the annexation of the Property within ninety (90) days following the date that Owner submits the Annexation Petition. Should the City fail to complete the annexation of the Property in accordance with this Agreement, Owner shall have the right to terminate this Agreement with 30 calendar days’ advance notice to the City; provided, however, that such termination shall not occur if the City completes the annexation of the Property before the expiration of said 30 calendar days’ advance notice provided by Owner. (2) Services. Pursuant to Section 43.0672, Texas Local Government Code, this Agreement shall further constitute an agreement for the provision of services to the Property to the extent the City provides such services to other properties within the City’s corporate limits having similar topography, land use and density. Immediately upon the annexation of the Property, the Property shall be entitled to receive all Municipal Services (i) on the same terms as other property within the City’s corporate limits; (ii) at the same rates as then provided within the City’s corporate limits, and (iii) without discrimination. B. Development and Zoning. (1) The Project is permitted to be developed on the Property in accordance with the terms of this Agreement. The Project shall be located within the Property, shall comply with the Development Standards set forth in Exhibit C, and shall be generally consistent with the Concept Plan attached hereto as Exhibit B, including any amendments to the Concept Plan permitted by the City Council as set forth below. The Concept Plan attached as Exhibit B, may be amended by Owner to do the following without requiring City approval: Relocate buildings (including individual dwelling units) from the locations shown on Exhibit B to other areas of the Property and/or reconfiguring the layout of buildings (including individual dwelling units) as long as the overall density does not exceed 12 units per acre. (2) The Parties do not anticipate that the Property will be zoned by the City unless such zoning is in accordance with this Agreement, including without limitation the Permitted Land Use, and such zoning does not include any more stringent development standards as those set forth herein without Owner’s written consent to any such development standards. The Permitted Land Use under this Agreement is MF-1 DEVELOPMENT AGREEMENT Page 4 Multiple-Family Residential - Medium Density as described in Anna Code, Article 9.04, as of the Effective Date and as modified by this Agreement. Regardless of zoning regulations that may be adopted by the City this Agreement shall control to the extent of any conflict unless the Owner consents in writing to any such conflict. SECTION 4. DEVELOPMENT DEADLINES. A. Owner or any Subsequent Owner shall be obligated under this Agreement to timely meet the following deadlines: 1. Within 210 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 occur within 120 days of final approval of the civil plans. 4. Site construction pursuant to final approved civil plans must commence within 90 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 270 days 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 180 days after the later to occur of the recordation of the multi-family residence final plat and obtaining a building permit. B. 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 DEVELOPMENT AGREEMENT Page 5 (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. 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. B. The Defaulting Owner shall be liable to pay to the City the sum of $2,000 for each failure to 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 will 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 ninety (90) calendar days following receipt of written notice from the City provided in DEVELOPMENT AGREEMENT Page 6 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 (THE “INDEMNIFYING PARTY” WHETHER ONE OR MORE), 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 DEVELOPMENT AGREEMENT Page 7 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 PROPE RTY 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 Ci ty and any of the Indemnified Parties. This section shall survive the termination of this Agreement. SECTION 8. RECORDATION. This document, including all Exhibits, shall 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 and supersedes and replaces any prior agreements relating to the same subject matter. SECTION 10. RECITALS AND EXHIBITS. The recitals herein and exhibits attached hereto are hereby incorporated by reference. SECTION 11. AUTHORITY. 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. DEVELOPMENT AGREEMENT Page 8 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: (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 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: (i) 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. SECTION 15. EFFECTIVE DATE. This Agreement will be effective upon the Effective Date first stated herein. SECTION 16. MISCELLANEOUS. A. 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 DEVELOPMENT AGREEMENT Page 9 120 W 7th Street Anna, Texas 75409 With a copy to: Wolfe, Tidwell & McCoy, LLP Attn: Clark McCoy 2591 Dallas Parkway, Suite 300 Frisco, Texas 75034 To Property Owner: Thinkk Big Investments, LLC 421 County Club Road Fairview, TX 75069 Attn: Prithviraj Loganathan B. Interpretation. Each Party has been actively involved in negotiating this Agreement. Accordingly, a rule of construction that any ambiguities are to be resolved against the drafting Party will not apply to interpreting this Agreement. In the event of any dispute over the meaning or application of any provision of this Agreement, the provision will be interpreted fairly and reasonably and neither more strongly for nor against any Party, regardless of which Party originally drafted the provision. Headings in this Agreement are for the convenience of the Parties and are not intended to be used in construing this document. C. Time. In this Agreement, time is of the essence and compliance with the times for performance herein is required. D. Authority and Enforceability. The City represents and warrants that this Agreement has been approved by official action by the City Council of the City in accordance with all appl icable public notice requirements (including, but not limited to, notices required by the Texas Open Meetings Act) and that the individual executing this Agreement on behalf of the City has been duly authorized to do so. Owner represents and warrants that this Agreement has been approved by appropriate action of Owner, and that each individual executing this Agreement on behalf of Owner has been duly authorized to do so. Owners represents and warrants that this Agreement has been approved by appropriate action of Owners, and that each individual executing this Agreement on behalf of Owners has been duly authorized to do so. Each Party respectively acknowledges and agrees that this Agreement is binding upon such Party and is enforceable against such Party, in accordance with its terms and conditions. E. Severability. This Agreement shall not be modified or amended except in writing signed by the Parties. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable for any reason, then: (a) such unenforceable provision shall be deleted from this Agreement; (b) the unenforceable provision shall, to the extent possible and upon mutual agreement of the parties, be rewritten to be enforceable and to give effect to the intent of the Parties; and (c) the remainder of this Agreement shall remain in full force and effect and shall be interpreted to give effect to the intent of the Parties. DEVELOPMENT AGREEMENT Page 10 F. Applicable Law; Venue. This Agreement is entered into pursuant to, and is to be construed and enforced in accordance with, the laws of the State of Texas, and all obligations of the Parties are performable in Collin County, Texas. Exclusive venue for any action related to, arising out of, or brought in connection with this Agreement shall be in the Collin County District Court. G. Non Waiver. Any failure by a Party to insist upon strict performance by the other Party of any material provision of this Agreement shall not be deemed a waiver thereof, and the Party shall have the right at any time thereafter to insist upon strict performance of any and all provisions of this Agreement. No provision of this Agreement may be waived except by writing signed by the Party waiving such provision. Any waiver shall be limited to the specific purposes for which it is given. No waiver by any Party of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. H. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. I. Complete Agreement. This Agreement embodies the entire Agreement between the Parties and cannot be varied or terminated except as set forth in this Agreement, or by written agreement of the Parties expressly amending the terms of this Agreement. By entering into this Agreement, any previous agreements or understanding between the Parties relating to the same subject matter are null and void. J. Consideration. This Agreement is executed by the Parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is hereby acknowledged. K. Form 1295. Submitted herewith is a completed Form 1295 generated by the Texas Ethics Commission’s (the “TEC”) electronic filing application in accordance with the provisions of Section 2252.908 of the Texas Government Code and the rules promulgated by the TEC (the “Form 1295”). The City hereby confirms receipt of the Form 1295 from the Owner, and the City agrees to acknowledge such form with the TEC through its electronic filing application not later than the 30th day after the receipt of such form. [signature page follows] CITY OF ANNA By: ____________________ Ryan Henderson, Interim City Manager IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned notary public, on the day of ______ 2023, appeared Ryan Henderson, 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 Interim City Manager of the City of Anna, Texas. Notary Public, State of Texas Thinkk Big Investments, LLC 421 County Club Road Fairview, TX 75069 By: ____________________ Prithviraj Loganathan IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF DALLAS Before me, the undersigned notary public, on the day of ______ 2023, appeared __________________, 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/she executed the same in his/her capacity as property owner Notary Public, State of Texas EXHIBIT A PROPERTY DESCRIPTION EXHIBIT B CONCEPT PLAN EXHIBIT C DEVELOPMENT STANDARDS Page 1 of 3 ZONING DESCRIPTION MULTI FAMILY RESIDENTIAL (MFR) KNIPPA FAMILY REVOCABLE LIVING TRUST GUYN MORRISON SURVEY, ABSTRACT NO. 559, COLLIN COUNTY, TEXAS 16.109 ACRES BEING a 16.109 acre tract of land situated in the Guyn Morrison Survey, Abstract No. 559, Collin County, Texas, and being all of a called 16.097 acre tract of land conveyed to Knippa Family Revocable Living Trust by Warranty Deed recorded in Instrument Number 20020213000229560, Official Public Records, Collin County, Texas; said 16.109 acre tract being more particularly described as follows: BEGINNING at a point for corner at the northeast corner of said 16.097 acre tract, being in the south line of County Road 427 and the northwest corner of a called 88.7622 acre tract of land conveyed by deed to 3Mc Joint Venture, as recorded in Volume 3670, Page 174, Deed Records, Collin County, Texas; THENCE South 00 degrees 14 minutes 55 seconds East along the east line of said 16.097 acre tract and the west line of said 88.7622 acre tract, passing the southwest corner of said 88.7622 acre tract and the northwest corner of a called 10.00 acre tract of land conveyed to William Stiltz et ux as recorded in Document Number 19830614000277820, Deed Records, Collin County, Texas, continuing along the west line of said 10.00 acre tract, in all a total distance of 1,319.82 feet to the southeast corner of said 16.097 acre tract and the northeast corner of a called 12.423 acre tract of land conveyed by deed to The Duer Family Trust as recorded in Document Number 19990106000021500, Deed Records, Collin County, Texas; THENCE South 89 degrees 00 minutes 00 seconds West departing the west line of said 10.00 acre tract, along the south line of said 16.097 acre tract and the north line of said 12.423 acre tract, passing the northwest corner of said 12.423 acre tract, and a northeast corner of a called 15.54 acre tract of land conveyed by deed to Mullet Living Trust as recorded in Document Number 20061027001549080, Official Public Records, Collin County, Texas, continuing in all a total distance of 528.00 feet to the southwest corner of said 16.097 acre tract and a re-entrant corner of said 15.54 acre tract; THENCE North 00 degrees 12 minutes 00 seconds West along a west line of said 16.097 acre tract, the east line of said 15.54 acre tract, passing a northeast corner of said 15.54 acre tract and the southeast corner of a called 13.60 acre tract of land conveyed by deed to Keith Douglas Bird as recorded in Document Number 20081014001223710, Official Public Records, Collin County, Texas, continuing along the east line of said 13.60 acre tract, in all a total distance of 1,160.00 feet to a re- entrant corner of said 16.097 acre tract and a northeast corner of said 13.60 acre tract; Page 2 of 3 THENCE along the common line between said 16.097 acre tract and said 13.60 acre tract, the following two (2) courses and distances: South 85 degrees 45 minutes 00 seconds West, a distance of 99.00 feet to a southwest corner of said 16.097 acre tract and a re-entrant corner of said 13.60 acre tract; North 00 degrees 12 minutes 00 seconds West, a distance of 132.00 feet to the northwest corner of said 16.097 acre tract and being in the south line of said County Road 427; THENCE North 85 degrees 57 minutes 00 seconds East departing the east line of said 13.60 acre tract, along the south line of said County Road 427 and the north line of said 16.097 acre tract, a distance of 627.00 feet to the POINT-OF-BEGINNING, containing 16.109 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. CALLED 88.7622 ACRES 3Mc JOINT VENTURE VOL. 3670, PG. 174 CALLED 51.208 ACRES JULIAN M. SMITH ET UX DOC. NO. 19730507086507270 CALLED 13.60 ACRES KEITH DOUGLAS BIRD DOC. NO. 20081014001223710 CALLED 16.097 ACRESKNIPPA FAMILY REVOCABLELIVING TRUSTDOC. NO. 20020213000229560TRACT 1 CALLED 15.54 ACRES MULLET LIVING TRUST DOC. NO. 20061027001549080 CALLED 12.423 ACRES THE DUER FAMILY TRUST DOC. NO. 19990106000021500 CALLED 10.00 ACRESWILLIAM STILTZ ET UXDOC. NO. 19830614000277820CALLE D 4.00 A CRES THE D UER F A MILY TR UST DOC. N O. 19990106000021520 COUNTY ROAD NO. 427 COUNTY ROAD NO. 425S00°14'55"E 1319.82S89°00'00"W 528.00N00°12'00"W 1160.0099.00 S85°48'00"W 132.00 N00°12'00"W N85°57'00"E 627.00 P.O.B. APPROXIMATE LOCATION SURVEY LINE N:\0041371.00\1 PROJECT DATA\DWG\SURVEY\0041317.00_ZONING EXHIBIT.DWG3 3 11/16/22 SHEET NUMBER: DATE: OFPhone(214) 473-4640 2901 Dallas Parkway, Suite 400 Toll Free (888) 937-5150 Plano, TX 75093 TBPE FIRM REGISTRATION NO. F-11756 TBPLS FIRM REGISTRATION NO. 10074301 0'300'600' © 2022 Westwood Professional Services, Inc. PROJECT NUMBER: 0041317.00 ANNA, TEXAS BEING A 16.097 ACRE TRACT LOCATED IN THE GUYN MORRISON SURVEY, ABSTRACT NO. 559, COLLIN COUNTY, TEXAS MULTI-FAMILY RESIDENTIAL (MFR) ZONING EXHIBIT 16.097 ACRE TRACT - ANNA, TEXAS - ZONING EXHIBITLEGEND P.O.B.POINT OF BEGINNING INST. NO.INSTRUMENT NUMBER VOL. PG.VOLUME, PAGE DOC. NO.DOCUMENT NUMBER NOTE: THIS IS NOT A BOUNDARY SURVEY AND DOES NOT REPRESENT AN ON THE GROUND SURVEY. 690688689 6756806726736746 7 6677678679681 6756806856856856716726736746766776786796816826836846866876885' wide drainage Easement BIRD KEITH DOUGLASINSTR #20081014001223710PROP ID: 2646323 THE DUER FAMILY TRUSTPROP ID: 2121441SMITH JULIAN M JR &PATSY L INSTR#19730507086507270PROP ID: 1008590BIRD KEITH DOUGLASINSTR #20081014001223710PROP ID: 2646323 SMITH JULIAN M JR& PATSY LPROP ID: 21240463 MC JOINT VENTURE ETAL PROP ID: 1003452 Visibility TriangleVisibility TriangleN86°05'12.93"E 458.76N86°05'12.93"E 458.76N00°16'12.12"W 145.70S85°50'38.60"W 87.45N00°25'38.05"E 393.39 S01°08'09.72"W 1261.32 S06°00'12.18"W 11.20N89°58'03.15"E 28.38582.1' TO CR 427 x CR 425 INTERSECTION362.8' TO NEAREST DRIVEWAY1559.9' TO CR 425 x BRIARCOVE ROAD INTERSECTION25.00'25.00'469.48' BETWEEN PROPOSED DRIVES10.00' Minimum Building Separation (typical)237.98' TO NEAREST DRIVEWAY58.98' TO NEAREST DRIVEWAY45.00'Maximum20.00'LandscapeBuffer20.00' Landscape Buffer FM 42730' PROPOSED FIRE LANE, ACCESS & UTILITY EASEMENT DEDICATION 30' PROPOSED FIRE LANE, ACCESS & UTILITY EASEMENT DEDICATION Stream Stream2604 County Road R.O.W.(60' from FM 427 centerline;width varies; 45' maximum)25.00' Building Setback StreamStream 1 0 0 - Y e a r F l o o d A r e a 100-Year Flood Area1 0 0 - Y e a r F l o o d A r e a 100-Year Flood Area100-Year Flood AreaStream Stream2604 County Road R.O.W.(60' from FM 427 centerline;width varies; 45' maximum)FM 427 CenterlineFM 427 CenterlineApproximate FM 427 pavement extentsApproximate FM 427 pavement extentsRequired 5' Sidewalk(to be installed within R.O.W. dedication per design requirements)SidewalkSidewalkSidewalk Sidewalk Sidewalk 25.00' Building Setback10.00' Drainage Easement10.00' Tree Preservation Easement 25.00' BuildingSetback10.00' DrainageEasement10.00' TreePreservation Easement214356789101112131415161718201915515615715815916016116216316416516616716816917017117217317417517617717817918052.00'65.00'62.00'30.00' 32.00' 17.00'780 SF780 SF1,040 SF1,054 SF1,040 SFA PRODUCT - TWO UNITSSINGLE STORY / ONE BEDROOM PER UNITB PRODUCT - TWO UNITSSINGLE STORY / TWO BEDROOM PER UNITC PRODUCT - TWO UNITS (ONE UPSTAIRS/ONE DOWNSTAIRS)TWO STORYONE BEDROOM DOWNSTAIRSTWO BEDROOM UPSTAIRS10.00' MINIMUM SPACING REQUIRED BETWEEN BUILDINGSD PRODUCT - TWO UNITSTWO STORY / THREE BEDROOM PER UNIT1450 SF50.00'29.00'THE SITE PLAN IS FOR CITY REVIEW ONLY TOILLUSTRATE COMPLIANCE WITH ZONING ANDDEVELOPMENT REGULATIONS. IT IS NOTINTENDED FOR CONSTRUCTION PURPOSES.OWNER:THINKK BIG INVESTMENTS LLC421 COUNTRY CLUB RDFAIRVIEW, TX 75069-1572DEVELOPER:VALIANT REAL ESTATE SERVICES, INC.5900 SOUTH LAKE FOREST DR, STE 300MCKINNEY, TX 75070PHONE: 469.569.1044CONTACT: CHARLES BRANCHENGINEER:WESTWOOD P.S.PARKWAY CENTRE 12901 DALLAS PARKWAYSUITE 400PLANO, TX 75093PHONE: 214.473.4640CONTACT: TIM MULROONEYPhone(214) 473-46402901 Dallas Parkway, Suite 400Toll Free(888) 937-5150Plano, TX 75093Firm No. F-11756PAGE 1 OF 2CONCEPT PLANTHE SITE PLAN IS FOR CITY REVIEW ONLY TOILLUSTRATE COMPLIANCE WITH ZONING ANDDEVELOPMENT REGULATIONS. IT IS NOTINTENDED FOR CONSTRUCTION PURPOSES.OWNER:THINKK BIG INVESTMENTS LLC421 COUNTRY CLUB RDFAIRVIEW, TX 75069-1572DEVELOPER:VALIANT REAL ESTATE SERVICES, INC.5900 SOUTH LAKE FOREST DR, STE 300MCKINNEY, TX 75070PHONE: 469.569.1044CONTACT: CHARLES BRANCHENGINEER:WESTWOOD P.S.PARKWAY CENTRE 12901 DALLAS PARKWAYSUITE 400PLANO, TX 75093PHONE: 214.473.4640CONTACT: TIM MULROONEYPhone(214) 473-46402901 Dallas Parkway, Suite 400Toll Free(888) 937-5150Plano, TX 75093Firm No. F-11756IN COMPLIANCE WITH:- COUNTY ROAD 1106 (CR 1106) IS LISTED AS APRINCIPAL ARTERIAL (120' R.O.W.)- SITE ALLOWS FOR A 60' R.O.W. DEDICATION(MEASURED FROM THE CENTER OF THE R.O.W.)PROPERTY LINECOVERED PARKING SPACEUNCOVERED PARKING SPACEFIRE LANE (generally located withineasement dedication)LEGENDNote: Development assumes one lotfor the entire developmentREFUSE FACILITYNote:Bearings and distances were created from county parcels,not with survey data.VICINITY MAPSCALE = NOT TO SCALEBUILDING TYPESSCALE 1" = 30'-0"ZONE A 100-YEAR FLOOD AREAPER FIRM PANEL 48085C0160JSISTER GROVE CREEK TRIBUTARYPER NWI DATASETMATCHLINE: REFERENCE PG 2 OF 2OPEN SPACEFM 427Houston StreetFM 425N State Highway 5 Briarcove Road SCALE: 1" = 40' - 0"Feet04080CONCEPT PLANWOODLAND ESTATESBLOCK A, LOT 1ANNA, TEXAS | COLLIN COUNTY'16.1 ACRE TRACT'SHEET 1, TRACT 5516.1 ACRESGUINN MORRISON SURVEYABS A0559JANUARY 25, 2023 52.00'65.00'62.00'30.00'32.00'17.00'780 SF780 SF1,040 SF1,054 SF1,040 SFA PRODUCT - TWO UNITSSINGLE STORY / ONE BEDROOM PER UNITB PRODUCT - TWO UNITSSINGLE STORY / TWO BEDROOM PER UNITC PRODUCT - TWO UNITS (ONE UPSTAIRS/ONE DOWNSTAIRS)TWO STORYONE BEDROOM DOWNSTAIRSTWO BEDROOM UPSTAIRS10.00' MINIMUM SPACING REQUIRED BETWEEN BUILDINGSD PRODUCT - TWO UNITSTWO STORY / THREE BEDROOM PER UNIT1450 SF50.00'29.00' 6 8 5690695 6816 8 2 6 8 3 6 8 468668768868969 16926936946966906906906 9 5 688 68969 1 69 2 6 9 3 6946966976986993 MC JOINT VENTURE ETAL PROP ID: 1003452 YOUGLAS ABEL RAMIRO INSTR #470-50443-2021 PROP ID: 1008607 THE DUER FAMILY TRUSTINSTR# 19990106000021500PROP ID: 2121440STILTZ WILLIAM J & CAROLYN J INSTR# 19830614000277820 PROP ID: 1003489 Stub for future connection MULLETT LIVING TRUST INSTR #1549080 PROP ID: 2636514 S89°38'39.83"W 523.07N00°16'58.55"W 698.28 S01°08'09.72"W 1261.32 S01°08'10.72"W 62.21 N00°13'08.25"W 63.79 15.00' Drainage Easement25.00' BuildingSetback25.00' BuildingSetback10.00' Minimum Building Separation (typical) 10.00' Minimum Building Separation (typical)10.00' Minimum BuildingSeparation (typical)147.43'147.27'15.00' Drainage Easement10.00' TreePreservation Easement30' PROPOSED FIRE LANE, ACCESS & UTILITY EASEMENT DEDICATION 30' PROPOSED FIRE LANE, ACCESS & UTILITY EASEMENT DEDICATION Lift Station 25.00' Building Setback 25.00' Building Setback25.00' Building Setback25.00' Building Setback 15.00' Drainage Easement 15.00' Drainage Easement 10.00' Drainage Easement S t r e amSt re am 100-Y e a r F lood A rea 100-Ye a r F lood A re a 100-Year Flood AreaSidewalk Sidewalk Sidewalk Sidewalk Sidewalk Sidewalk SidewalkSidewalk0.5 Acre Amenity& Detention(Amenity Center & Pool)10.00' Tree Preservation Easement10.00' Tree Preservation Easement10.00' Tree Preservation Easement 25.00' BuildingSetback15.00' Drainage Easement10.00' TreePreservation Easement10.00' Tree Preservation Easement 25.00' Building Setback 10.00' Drainage Easement 10.00' Tree Preservation Easement 10.00' DrainageEasement10.00' TreePreservation Easement25.00' BuildingSetback10.00' DrainageEasement10.00' TreePreservation Easement22232124252726282930313233343536373839404142434445464748495051525354555657585961606263646566676869707172737475767778798081828384858687888990919293949596979899100101102103104105106107108109110111112113114115116117118119120121122127128123124125126129130131132133134135136137138139140141142143144145146147148149150151152153154NoteNoteBUILDING TYPESSCALE 1" = 30'-0"THE SITE PLAN IS FOR CITY REVIEW ONLY TOILLUSTRATE COMPLIANCE WITH ZONING ANDDEVELOPMENT REGULATIONS. IT IS NOTINTENDED FOR CONSTRUCTION PURPOSES.OWNER:THINKK BIG INVESTMENTS LLC421 COUNTRY CLUB RDFAIRVIEW, TX 75069-1572DEVELOPER:VALIANT REAL ESTATE SERVICES, INC.5900 SOUTH LAKE FOREST DR, STE 300MCKINNEY, TX 75070PHONE: 469.569.1044CONTACT: CHARLES BRANCHENGINEER:WESTWOOD P.S.PARKWAY CENTRE 12901 DALLAS PARKWAYSUITE 400PLANO, TX 75093PHONE: 214.473.4640CONTACT: TIM MULROONEYPhone(214) 473-46402901 Dallas Parkway, Suite 400Toll Free(888) 937-5150Plano, TX 75093Firm No. F-11756PAGE 2 OF 2CONCEPT PLANTHE SITE PLAN IS FOR CITY REVIEW ONLY TOILLUSTRATE COMPLIANCE WITH ZONING ANDDEVELOPMENT REGULATIONS. IT IS NOTINTENDED FOR CONSTRUCTION PURPOSES.OWNER:THINKK BIG INVESTMENTS LLC421 COUNTRY CLUB RDFAIRVIEW, TX 75069-1572DEVELOPER:VALIANT REAL ESTATE SERVICES, INC.5900 SOUTH LAKE FOREST DR, STE 300MCKINNEY, TX 75070PHONE: 469.569.1044CONTACT: CHARLES BRANCHENGINEER:WESTWOOD P.S.PARKWAY CENTRE 12901 DALLAS PARKWAYSUITE 400PLANO, TX 75093PHONE: 214.473.4640CONTACT: TIM MULROONEYPhone(214) 473-46402901 Dallas Parkway, Suite 400Toll Free(888) 937-5150Plano, TX 75093Firm No. F-11756Note: Development assumes one lotfor the entire developmentMATCHLINE: REFERENCE PG 1 OF 2Note:Bearings and distances were created from county parcels,not with survey data.PROPERTY LINECOVERED PARKING SPACEUNCOVERED PARKING SPACEFIRE LANE (generally located withineasement dedication)LEGENDREFUSE FACILITYZONE A 100-YEAR FLOOD AREAPER FIRM PANEL 48085C0160JSISTER GROVE CREEK TRIBUTARYPER NWI DATASETOPEN SPACEVICINITY MAPSCALE = NOT TO SCALEFM 427Houston StreetFM 425N State Highway 5 Briarcove Road Feet04080SCALE: 1" = 40' - 0"CONCEPT PLANWOODLAND ESTATESBLOCK A, LOT 1ANNA, TEXAS | COLLIN COUNTY'16.1 ACRE TRACT'SHEET 1, TRACT 5516.1 ACRESGUINN MORRISON SURVEYABS A0559JANUARY 25, 2023 1 Exhibit C - Development Standards 1. Purpose. The purpose of these Development Standards is to facilitate the development of a Multiple- family residence subdivision. 2. Definitions. Except as otherwise provided herein, the definitions in Appendix 3 of the City’s Zoning Ordinance shall apply. Multiple-family residence: Any building or portion thereof which is designed, built, rented, leased, or let to be occupied as two or more dwelling units or apartments or which is occupied as a home or place of residence by two or more families living in independent dwelling units. 3. Standards and Area Regulations. A. The location of the development shall be in substantial conformance with the Concept Plan. B. Development must comply with the development standards for use, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, and lighting, set forth in the MF-1 Multiple-Family Residential - Medium Density (MF-1) zoning district and the Planning and Development Regulations except as otherwise specified herein. i. Maximum height (feet): 29 ii. Side Yard, interior (feet): 25 iii. Parking: a) One-bedroom: One space per unit; b) Two- & Three-bedroom: Two (2) spaces per unit; c) Covered Parking: 50% of the residence required parking must be covered; and d) Visitor Parking: 0.25 per unit. iv. Screening Fence: Screening and fencing on any perimeter not abutting a public right-of-way shall consist of a 6-foot board on board wood fencing. 2 v. Buffer: To preserve the natural tree line and provide transition between different types of land uses a 20-foot-wide vegetative buffer shall be provided along the entire eastern, southern, and western property boundaries. The natural tree line, where existing, shall be preserved as a buffer and in areas where no trees exist the developer shall be required to plant one large tree (minimum of three-inch caliper and seven feet high at time of planting) per 40 linear feet, or portion thereof, along the property boundaries. C. To prohibit indiscriminate clear cutting the applicant has agreed to preserve the existing tree line located along the eastern, southern, and western property boundaries of the zoning requires. The existing tree line shall be located within a 20’ tree preservation easement as identified on the Concept Plan (Exhibit A) and designated as a non - disturbance area in which no construction or tree removal will occur. Removal of any trees in these areas are subject to restriction under Sec.9.07.003 (Permit required; exceptions) of Article 9.07 (Tree Preservation) within the City of Anna Code of Ordinances. D. Plats and/or site plans submitted for the development of the PD shall conform to the data presented and approved on the Concept Plan. Non-substantial changes of detail on the final development plan(s) that differ from the Concept Plan may be authorized by the City Council with the approval of the final development plan(s) and without public hearing. E. The Concept Plan will expire after two (2) years of approval. 4. Design Standards A. Except as noted below, the exterior walls (excluding windows and doors) on the front elevation of any two-unit multiple-family residence structure shall be 80 percent masonry. The total cumulative surface area of the remaining exterior walls (excluding windows and doors) shall be 60 percent masonry. Each structure shall be deemed to have only one front elevation. B. A maximum of 10 percent of any exposed exterior wall may consist of exterior insulation and finish system (EIFS). C. Second floor Dutch gable roof elements are not required to be masonry. D. 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. 3 E. 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". F. Building articulation: At least four (4) 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. A base course or plinth course; banding, mold ings, 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 porch 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. G. Fenestration: i. 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. Item No. 7.b. City Council Agenda Staff Report Meeting Date: 4/11/2023 Staff Contact: Gregory Peters AGENDA ITEM: Consider/Discuss/Action on a Resolution approving an Impact Fee Reimbursement Agreement for sanitary sewer infrastructure by and between the City of Anna, Texas, Ashton Woods, and Lackland Holdings. (Interim Assistant City Manager Greg Peters, P.E.) SUMMARY: Ashton Woods is the developer of the Coyote Meadows Development, located southeast of the intersection of State Highway 5 and Rosamond Parkway. Lackland Holdings is the developer of the Cedar Ridge Development located at the southeast corner of County Road 427 and County Road 425. Both developers are looking to partner with the City of Anna to construct a regional sanitary sewer lift station which will provide sanitary sewer service to properties east of State Highway 5 which are currently without sewer access. Exhibit A attached shows the potential land areas which could be served by the proposed lift station over time. The existing Sweetwater Crossing lift station will be taken off-line and removed as a part of this project, as the new regional solution will be able to serve the existing homes in Sweetwater. FINANCIAL IMPACT: Per the agreement, the City would provide impact fee reimbursement of $3,816,000, which will be collected from the Coyote Meadows and Cedar Ridge Developments. In addition, the City would provide $1,100,000 in Sanitary Sewer Impact Fee Funds from existing Sewer Impact Fee Fund Balance for the regional project. BACKGROUND: Staff recommends approval STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Resilient. ATTACHMENTS: 1. Exhibit A - Coyote Meadows Regional Lift Station Service Area 2. Resolution and Agreement - Wastewater Impact Fee Reimbursement - Lackland Holdings and Starlight Existing Flows Coyote Meadows -2022 Likely -2024 (Commercial) Potential –2026 (Residential) Potential –2028 (Residential) Proposed Lift Station LEGEND Coyote Meadows Lift Station –Potential Near Term and Long-Term Flows 23 Acres 308 Acres 281 Acres CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE MAYOR TO EXECUTE A WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT WITH STARLIGHT HOMES, L.L.C., AND SAGINAW 106, LTD., FOR THE CONSTRUCTION OF PUBLIC SANITARY SEWER IMPROVEMENTS, IN A FORM APPROVED BY THE CITY ATTORNEY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Starlight Homes, L.L.C., and Saginaw 106, Ltd. are seeking to develop property near the southeast corner of State Highway 5 and Farm to Market Road 455; and, WHEREAS, a regional sanitary sewer lift station is shown in the Wastewater Master Plan for the City of Anna, Texas to replace the existing sanitary sewer lift station in the Sweetwater Crossing Subdivision; and, WHEREAS, the proposed regional lift station will be constructed within the Saginaw 106, Ltd. property and constructed with the collective development of the Coyote Meadows and Cedar Ridge Estates developments, and will serve the larger area, including existing neighborhoods and future development; and, WHEREAS, the City has identified the regional wastewater lift station as a critical infrastructure project for the City; and, WHEREAS, Starlight Homes, L.L.C., and Saginaw 106, Ltd. collectively agree to provide the design and construction of the identified sanitary sewer improvements in accordance with the City of Anna design standards and regulations , subject to Impact Fee reimbursement from the City of Anna; and, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Article I. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Article II. Authorization of Payment and Funding. Article III. That the City Council of the City of Anna hereby authorizes the City Manager to execute the Wastewater Impact Fee Reimbursement Agreement in a form approved by the City Attorney. That funding for the project shall come from Wastewater Impact Fees. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this ___ day of April 2023. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie Land Mayor, Nate Pike Exhibit A (see following page) WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 1 WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT This Wastewater Impact Fee Reimbursement Agreement (this “Agreement”) is entered into by and between the CITY OF ANNA, TEXAS a home-rule municipality in Collin County, Texas (the “City”), and STARLIGHT HOMES TEXAS, L.L.C., a Delaware limited liability company, its successors and assigns (“Starlight”), and SAGINAW 106, LTD. a Texas limited partnership, its successors and assigns (“Saginaw” and together with Starlight, collectively sometimes referred to herein as “Developers” and individually as “Developer”), to be effective on the Effective Date. SECTION 1 RECITALS WHEREAS, certain terms used in these recitals are defined in Section 2; and WHEREAS, the City is a home-rule municipality of the State of Texas located within Collin County; and WHEREAS, Starlight, Saginaw and the City are sometimes collectively referenced in this Agreement as (the “Parties,”) or each individually as (a “Party”); and WHEREAS, as of the date of execution of this Agreement, the Developers own and/or are under contract to purchase two tracts of land totaling approximately 218.21 acres of real property located in the City and described by metes and bounds in Exhibit A-1 and Exhibit A-2, said properties consisting of a 153.64 acre tract to be developed by Starlight (Coyote Meadows) described by metes and bounds in Exhibit A-1 (the “Coyote Meadows Property”), and a 64.57 acre tract owned by Saginaw Holdings, L.L.C. (Cedar Ridge Estates) described by metes and bounds in Exhibit A-2 (the “Cedar Ridge Estates Property” and together with the Coyote Meadows Property, collectively sometimes referred to herein as the “Properties”); and WHEREAS, the Coyote Meadows Property is zoned pursuant to PD Ordinance No. 957- 2022 dated January 25, 2022 and the Cedar Ridge Estates Property is zoned as SF-72 and both Properties shall be developed in accordance with said zoning; and WHEREAS, Starlight desires to proceed with the first phase of development of the Coyote Meadows Property as generally described and/or generally illustrated on the Phase 1 preliminary plat and overall development plan shown in Exhibit B-1 (the “Coyote Meadows Preliminary Plat”), which Coyote Meadows Property totals approximately 731 single-family lots; and WHEREAS, Saginaw desires to proceed with development of the Cedar Ridge Estates Property as generally described and/or generally illustrated on the preliminary plat shown in Exhibit B-2 (the “Cedar Ridge Estates Preliminary Plat”), which Cedar Ridge Estates Property totals approximately 223 single-family lots; and WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 2 WHEREAS, the Parties intend that the Properties be developed in accordance with Preliminary Plats and the Development Standards agreed to under this Agreement and the Original Development Agreement; and WHEREAS, Developers desire and intend to design, construct and install and/or make financial contributions to certain Public Improvements to serve the Developments as more particularly set forth herein; and WHEREAS, the Parties intend for the design, construction, and installation of the Public Improvements to be completed by Starlight and dedicated to the City for use and maintenance, subject to approval of the plans and inspection and acceptance of the Public Improvements in accordance with this Agreement and the City Regulations; and WHEREAS, Developers shall be solely responsible for the funding and construction of all of the Public Improvements required to serve the Properties except as expressly set forth in this Agreement; and WHEREAS, the Public Improvements include public sanitary sewer improvements identified in the City of Anna Wastewater Master Plan that will serve the Properties and other areas not owned by Developers; and WHEREAS, subject to the terms and conditions of this Agreement, Developers are willing to fund the construction of all of the Public Improvements, and Starlight is willing to construct said improvements, including certain public sanitary sewer improvements that will serve the Properties and provide for additional capacity in excess of what is necessary to serve the Properties (the “Oversized Capacity”); and WHEREAS, Developers have estimated that the costs necessary to complete the sanitary sewer Public Improvements are as set forth in the amounts shown in the Opinion of Probable Construction Cost in Exhibit D and that said total cost is estimated to be approximately $5,603,404.00, which includes actual estimated construction costs in the amount of $4,768,660.00 (the “Developer Construction Estimate”) and contingency in the amount of $834,744.00, and such costs shall be shared amongst the Parties pursuant to the terms hereof; and WHEREAS, subject to the terms and conditions of this Agreement, Developers shall be obligated to complete and construct improvements including public sanitary sewer improvements as set forth in Exhibit E and in accordance with the City Development Standards, this Agreement, and other required approvals; and WHEREAS, to the extent the Total Construction Cost exceeds the amount of $3,908,463, the City desires to share in the cost of the Public Improvements in an amount not exceeding $1,100,000.00 (“City’s Contribution to Construction Costs”), representing the City’s financial contribution to the construction costs required to build the Public Improvements in accordance with the City of Anna Wastewater Master Plan and to account for the Oversized Capacity needed to serve the surrounding area; and WHEREAS, Developers understand and acknowledge that the obligations undertaken under this Agreement are primarily for the benefit of the Properties; and WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 3 WHEREAS, Developers understand and acknowledge that the Public Improvements to be constructed by Starlight and dedicated to the City under this Agreement will benefit the Developments by positively contributing to the enhanced nature of the Developments, increasing property values within the Properties, and encouraging investment and ultimate development of the Properties; and WHEREAS, Developers understand and acknowledge that their acceptance of this Agreement is not an exaction or a concession demanded by the City; rather, it is an undertaking of Developers’ voluntary design to ensure consistency, quality, and adequate public improvements that will benefit the Developments and the Properties, including without limitation Developers’ agreement to adhere to the Development Standards; and WHEREAS, the City and Developers understand and acknowledge that the construction of the Public Improvements and related purchasing and contracting under this Agreement are exempt from the competitive sealed bidding procedures of Chapter 252 of the Texas Local Government Code; and WHEREAS, the City recognizes the positive impact the Public Improvements will bring to the City and that said improvements will promote state and local economic development, stimulate business and commercial activity in the City for the development and diversification of the economy of the state, promote the development and expansion of commerce in the state, and reduce unemployment or underemployment in the state and that this agreement is a program under Chapter 380 of the Texas Local Government Code; and WHEREAS, except as otherwise expressly set forth to the contrary in this Agreement, the Parties intend that this Agreement shall supersede that certain Coyote Meadows Development Agreement recorded in the Official Public Records of Collin County, Texas as Document No. 20211203002458070 (as amended and assigned, the “Original Development Agreement”) only to the extent that the Original Development Agreement directly conflicts with the terms or intent of this Agreement; and WHEREAS, unless expressly set forth to the contrary in this Agreement, the Parties intend this Agreement to supersede City Regulations and the City of Anna Wastewater Master Plan only to the extent that City Regulations and/or the City of Anna Wastewater Master Plan directly conflict with the terms of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereby agree as follows: SECTION 2 DEFINITIONS Certain terms used in this Agreement are defined in this Section 2. Other terms used in this Agreement are defined in the recitals or in other sections of this Agreement. Unless the context requires otherwise, the following terms shall have the meanings hereinafter set forth: Capital Improvement(s) shall have the meaning provided in Chapter 395, Texas Local Government Code. WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 4 Capital Improvements Plan (“CIP”) means all capital improvements plan(s) duly adopted by the City under Chapter 395, Texas Local Government Code, as may be updated or amended from time to time. City means the City of Anna, a home-rule municipality located in Collin County, Texas. City Code means The Anna City Code of Ordinances. City Council means the governing body of the City. City Manager means the current or acting City Manager of the City of Anna or a person designated to act on behalf of that individual if the designation is in writing and signed by the current or acting City Manager. City Regulations means the City’s applicable development regulations in effect on the Effective Date, including without limitation City Code provisions, ordinances (including without limitation park dedication fees), design standards (including without limitation pavement thickness), and other policies duly adopted by the City; provided, however, that as it relates to Public Infrastructure for any given phase, 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 of said phase has not commenced within two (2) 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. Construction Costs means any contributions, dedications or costs or fees actually paid for infrastructure improvements, as applicable, including without limitation the costs related to engineering, designing, surveying, permitting, constructing, inspecting, materials, supplies, labor, testing, financing, off-site third-party property/easement acquisitions, and all costs related in any manner to the Public Improvements. Coyote Meadows Property Owner means TFCC Coyote LLC, a Texas limited liability company. Development(s) means (a) individually the Coyote Meadows Property subdivision or the Cedar Ridge Estates Property subdivision, or (b) collectively both subdivisions to be built on the Properties that are the subject of this Agreement. Development Standards mean the design specifications and construction standards permitted or imposed under the City Regulations and, as relates to construction of structures, those standards set forth in that certain Original Development Agreement approved by the City Council of the City of Anna, Texas by Resolution 2021-10-1033. Effective Date means the effective date of this Agreement, which shall be the date upon which all parties have fully executed and delivered this Agreement. Impact Fees means those wastewater impact fees assessed and charged against the Properties in accordance with Chapter 395 of the Texas Local Government Code and as defined WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 5 therein, including without limitation those impact fees paid by or on behalf of any owner, builder or contractor, or paid directly by a Party. For the avoidance of doubt, the term “Impact Fees” when capitalized in this Agreement shall not include roadway impact fees or water impact fees. Impact Fee Accounts means the interest-bearing deposit accounts maintained by the City pursuant to Section 395.024 of the Texas Local Government Code, as amended. Impact Fee Reimbursement means direct payments from the Impact Fee Accounts to reimburse Public Improvement Costs (which expressly include Construction Costs to the extent such Construction Costs are for the Public Improvements that the City requires Developers to construct pursuant to this Agreement or otherwise). Saginaw’s Pro Rata Share of Construction Costs means Saginaw’s portion of the engineering, design, and construction of the Public Improvements at the time of full and final completion, dedication and acceptance of the Public Improvements, and which cost is anticipated to be $938,031.36. Mayor means the Mayor of the City of Anna. Notice means any notice required or contemplated by this Agreement (or otherwise given in connection with this Agreement). Preliminary Plats means collectively the Coyote Meadows Preliminary Plat and Cedar Ridge Estates Preliminary Plat, both as approved by the City Council for the development of the Properties as depicted in Exhibit B-1 and Exhibit B-2. Public Improvements means the Capital Improvements consisting of the public sanitary sewer infrastructure facilities listed in Section 3.3(a) and in Exhibit D and depicted in Exhibit E, and that will be dedicated to and maintained by the City to be constructed by Starlight. Public Infrastructure means all public water, wastewater/sewer, detention and drainage, roadway, park and trail, and other public infrastructure necessary to serve the Phase 1 development of each of the Properties and/or to be constructed and dedicated to the City by each Developer for its respective Development. Real Properties Records of Collin County means the official land recordings of the Collin County Clerk’s Office. Starlight’s Pro Rata Share of Construction Costs means Starlight’s portion of the engineering, design, and construction of the Public Improvements at the time of full and final completion, dedication and acceptance of the Public Improvements, and which cost is anticipated to be $2,970,432.64. Total Construction Cost means the final total combined cost of the Public Improvements . WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 6 SECTION 3 PUBLIC IMPROVEMENTS 3.1 Construction, Ownership, and Transfer of Public Improvements. (a) Contract Specifications. BGE, Inc. shall prepare, or cause the preparation of, and provide the Parties with, contract specifications and necessary related documents for the Public Improvements. (b) Construction Standards, Inspections and Fees. Except as otherwise expressly set forth in this Agreement, the Public Improvements shall be constructed and inspected, and all applicable fees, including but not limited to Impact Fees (subject to the terms hereof and any applicable credits or reimbursements), permit fees, and inspection fees, shall be paid by each Developer for its respective Development, in accordance with this Agreement, the City Regulations, and the regulations of any other governing body or entity with jurisdiction over the Public Improvements. (c) Contract Letting. The Parties understand that this Agreement and construction of the Public Improvements are legally exempt from competitive bidding requirements. BGE Inc. shall prepare, or cause the preparation of, and provide to the City all contract specifications and necessary related documents, including the contract proposal showing the negotiated total contract price and scope of work, for the construction of any portion of the Public Improvements that have not been awarded. (d) Ownership. All of the Public Improvements and Public Infrastructure shall be owned by the City upon acceptance of them by the City. Each Developer agrees to take any action reasonably required by the City to transfer, convey, or otherwise dedicate or ensure the dedication of land, right-of-way, or easements for each Developer’s portion of the Public Improvements and Public Infrastructure to the City. 3.2 Operation and Maintenance. (a) Upon inspection, approval, and acceptance of the Public Improvements or any portion thereof, the City shall maintain and operate the accepted public infrastructure and provide retail sewer service to the Properties. (b) Within each Development, a homeowners association (“HOA”) shall maintain and operate all open spaces, all required trails, amenity centers, common areas, landscaping, screening walls, Development signage and any other common improvements or appurtenances within the Properties that are owned by Developers, their successors or assigns, or the HOA, its successors or assigns, and not maintained or operated by the City. 3.3 Public Improvements (a) The Public Improvements are shown on Exhibit E and include: WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 7 (1) The Regional Sewer Lift Station in substantially the form and in the location shown on Exhibit E (which expressly replaces and/or modifies the Lift Station Improvements under the Original Development Agreement) (2) 950 linear feet of 18” Sanitary Sewer Main in Rosamond Parkway (3) 1,550 linear feet of 18” Sanitary Sewer Main in County Road 425 (4) 5,600 linear feet of 16” Sanitary Sewer Force Main connecting to the existing City of Anna Sewer Main along State Highway 5 (b) Developers’ Obligations. (1) Starlight’s Obligations. Subject to (i) the terms of this Agreement and all of the payment and reimbursement obligations of the Parties herein, (ii) the City’s timely acquisition of the Approvals, (iii) the City’s approval of the CIP Amendment, and (iv) Saginaw granting all necessary access and construction rights to the Cedar Ridge Estates Property necessary to construct the Public Improvements, Starlight shall be responsible for funding Starlight’s Pro Rata Share of Construction Costs and to the extent the Total Construction Cost exceeds $3,908,463 the City’s Contribution to Construction Costs, and designing, installing, and constructing the Public Improvements identified in Section 3.3(a)(1)-(4) substantially as described in Exhibit E. Starlight shall provide the City and Saginaw with a detailed project account of all costs associated with the Public Improvements, including receipts, invoices, change orders, and bills paid affidavits as required for determining the final cost of each Public Improvement component to determine the Total Construction Costs (“Accounting”). (2) Saginaw’s Obligations. Subject to the terms of this Agreement, Saginaw shall be responsible for funding Saginaw’s Pro Rata Share of Construction Costs of the Public Improvements as described in Exhibit D and granting all easements, rights-of-way, and access necessary to allow for the design, construction, installation, permanent dedication, and maintenance of any and all Public Improvements to be located on the Cedar Ridge Estates Property. (c) Timing of Public Improvement Obligations. Subject to force majeure and the terms of this Agreement, Starlight shall commence construction of the Public Improvements on or before August 1, 2023. For the purposes of this Section, “commence construction of Public Improvements” shall mean for Starlight to select a contractor, hold a pre-construction meeting with the City, and engage in construction activities within the Properties, or within the Rosamond Parkway, County Road 425 corridors. Subject to force majeure and the terms of this Agreement, Starlight shall complete construction of the Public Improvements in a good and workmanlike manner on or before August 1, 2024; provided, however, Starlight shall not be responsible for any delays in the City acquiring the Approvals and/or the CIP Amendment for the Public Improvements as described below and Starlight’s deadlines for commencement and completion of construction of the Public Improvements shall be extended by the same duration of any failure of the City to timely acquire any Approvals and/or the CIP Amendment. If on or before August 30, 2023 the City has not obtained the Approvals and the CIP Amendment as required herein, then this Agreement shall automatically terminate and the Parties shall have no further obligations hereunder. WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 8 (d) City’s Obligations. (1) On or before July 1, 2023, the City, shall acquire all off-site easements, consents, and rights-of-way, including any approvals from DART, required to construct the Public Improvements (collectively “Approvals”). If City is delayed in its acquisition of the Approvals, Starlight’s deadlines shall be extended as set forth in Section 3.3(c). The City may utilize condemnation authority to acquire the necessary easements and right-of-way in accordance with applicable law. If the City fails to obtain the Approvals by July 1, 2023, then City shall give written notice to Developers of such failure by July 7, 2023. City shall provide written notice to Developers within 5 days after City obtains the Approvals. (2) The City agrees that it will take all required actions to amend the City’s CIP to include all the Public Improvements and the City’s Contribution to Construction Costs (“CIP Amendment”) within six (6) months of the Effective Date, including without limitation the City Council’s consideration and final action of the same. Developers shall have no responsibility for any costs associated with the CIP Amendment. (3) The City shall pay Saginaw its Impact Fee Reimbursement and Starlight its Impact Fee Reimbursement on a quarterly basis from Impact Fees collected by the City through building permits issued within the respective Developer’s Development once the City has accepted the Public Improvements. The Impact Fees collected from the Coyote Meadows Property (the “Coyote Meadows Impact Fees”) shall be placed in a separate and clearly identifiable interest-bearing Impact Fee Account for the benefit of Starlight (the “Starlight Account”), and the Impact Fees collected from the Cedar Ridge Estates Property (the “Cedar Ridge Estates Impact Fees”) shall be placed in a separate and clearly identifiable interest-bearing Impact Fee Account for the benefit of Saginaw (the “Saginaw Account”). The City shall reimburse (i) Starlight by remitting Starlight’s Impact Fee Reimbursement to Starlight from the Starlight Account (the “Starlight Reimbursement”), and (ii) Saginaw by remitting Saginaw’s Impact Fee Reimbursement to Saginaw from the Saginaw Account (the “Saginaw Reimbursement”). The City shall provide (X) Starlight the Starlight Reimbursement and (Y) Saginaw the Saginaw Reimbursement. (4) To the extent the Total Construction Cost exceeds $3,908,463 and Starlight fronted the City’s Contribution to Construction Costs for the Construction Costs of the Public Improvements including any requirements to serve properties outside of the Development, the City shall review and approve Starlight’s Accounting as it relates to the amount attributed to the City’s Contribution to Construction Costs and reimburse Starlight for the City’s Contribution to Construction Costs paid by Starlight in an amount not to exceed $1,100,000, it being acknowledged that funding for same shall be from such source or sources as determined by the City, in its discretion (which may or may not include sanitary sewer impact fees). The payment for the City’s Contribution to Construction Costs shall be paid to Starlight within ten (10) days after the Public Improvements are completed and accepted by the City. SECTION 4 PAYEE INFORMATION 4.1 With respect to any and every type of payment/remittance due to be paid at any time by the City to Starlight or Saginaw after the Effective Date under this Agreement, the name and delivery address of the payees for such payment shall be: WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 9 Starlight Homes Texas, L.L.C. Attn: Robb Rigby 1800 Valley View Lane, Ste 100 Farmers Branch, Texas 75234 Saginaw Holdings, L.L.C. Attn: Landon Darwin 3045 Lackland Road Fort Wort, Texas 76116 Starlight and Saginaw may change the name of their respective payee and/or respective address set forth above by delivering written notice to the City designating a new payee for such Party. SECTION 5 ADDITIONAL OBLIGATIONS AND AGREEMENTS 5.1 Administration of Construction of Public Infrastructure. Subject to the terms of this Agreement, the Parties agree that Developers will be solely responsible to construct all Public Infrastructure. All public on-site and off-site infrastructure and all other related improvements will be considered a public project and the City will own all such Public Infrastructure upon completion and acceptance. 5.2 Compliance with Development Standards. Developers agree as part of the consideration for this Agreement that all residential structures, amenities, buildings, and any other vertical construction within such Developer’s Development shall meet or exceed all Development Standards and City Regulation including without limitation those applicable standards set forth in the Original Development Agreement. It is expressly understood and the Parties agree that City Regulations and Development Standards applicable to the Properties and its use and development include but are not limited to City Code provisions, ordinances, design standards, uniform codes, 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”); 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. 5.3 Conflicts. When not in conflict with the terms and conditions of this Agreement, the development of the Properties shall be subject to all applicable City Regulations, including but not limited to the City’s subdivision regulations and engineering design standards. In the event of any direct conflict between this Agreement and any other ordinance, rule, regulation, standard, policy, order, guideline, or other City adopted or City enforced requirement, whether existing on the Effective Date or hereinafter adopted, including the Original Development Agreement, this Agreement, including its exhibits, as applicable, shall control. 5.4 Public Infrastructure, Generally. Except as otherwise expressly provided for in this Agreement or other agreements of public record, Developers shall provide all Public Infrastructure necessary to serve the Properties, including streets, utilities, drainage, sidewalks, WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 10 trails, street lighting, street signage, and all other required improvements, at no cost to the City except as expressly provided in this Agreement and as approved by the City Manager. Developers shall cause the installation of the Public Infrastructure within all applicable time frames in accordance with the City Regulations unless otherwise established in this Agreement. Developers shall provide engineering studies, plan/profile sheets, and other construction documents at the time of platting as required by City Regulations. Such plans shall be approved by the City’s Public Works Department prior to approval of a final plat. Construction of any portion of the Public Infrastructure shall not be initiated until a pre-construction conference with a City representative has been held regarding the proposed construction and the City has issued a written notice to proceed. No final plat may be recorded in the Real Properties Records of Collin County until construction of all Public Infrastructure shown thereon shall have been constructed, and thereafter inspected, approved and accepted by the City. 5.5 Maintenance Bonds. For each construction contract for any part of the Public Infrastructure or component thereof on such Developer’s portion of the Property, such Developer or Developer’s contractor, as applicable, must execute a maintenance bond in accordance with applicable City Regulations that guarantees the costs of any repairs that may become necessary to any part of the construction work performed in connection with such part or component of the Public Infrastructure on such Developer’s portion of the Property, arising from defective workmanship or materials used therein, for a full period of two (2) years from the date of final acceptance of the Public Infrastructure constructed under such contract. 5.6 Inspections, Acceptance of Public Infrastructure, and Developers’ Remedy. (a) Inspections, Generally. The City shall have the right to reasonably inspect, as required by City regulations, the construction of all Public Infrastructure necessary to support the Developments, including water, wastewater/sanitary sewer, drainage, roads, streets, alleys, park facilities, electrical, and street lights and signs. The City’s inspections and/or approvals shall not release Developers from their respective responsibility to construct, or cause the construction of, adequate Public Infrastructure on such Developer’s portion of the Property in accordance with approved engineering plans, construction plans, and other approved plans related to the development of the Properties. Notwithstanding any provision of this Agreement, it shall not be a breach or violation of this Agreement if the City temporarily withholds City utility services as to a portion of any Development until the applicable Developer owning or developing such Development has met its respective obligations to provide for required Public Infrastructure necessary to serve such portion of its Development according to the approved engineering plans, City Regulations and Development Standards, and until such Public Infrastructure has been dedicated to and accepted by the City, which acceptance shall not be unreasonably withheld, conditioned, or delayed. Notwithstanding the foregoing, the City may not withhold utility services to any portion of the Development if all necessary public infrastructure has been properly constructed and accepted by the City for such portion of the development, even if infrastructure for other portions of the Development have not yet been completed. Notwithstanding anything to the contrary herein, each Developer shall only be responsible for the construction of Public Infrastructure for its respective Development and the failure or breach by one Developer in constructing its applicable portion of Public Infrastructure shall not constitute a failure or breach by the other Developer hereunder. WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 11 (b) Ownership. From and after the inspection and acceptance by the City of the Public Infrastructure and any other dedications required under this Agreement, such improvements and dedications shall be owned and maintained by the City. (c) Approval of Plats/Plans. Approval by the City, the City’s engineer, or other City employee or representative, of any plans, designs, or specifications submitted by Developers pursuant to this Agreement or pursuant to the City Regulations shall not constitute or be deemed to be a release of the responsibility and liability of Developers or any other responsible party for the accuracy and competency of their design and specifications. Further, any such approvals shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by Developers or any other responsible party, it being the intent of the parties that approval by the City signifies only the City’s approval of the general design concept of the improvements to be constructed. 5.7 Insurance. Each Developer or its general contractor(s)for construction of its Public Improvements and the Public Infrastructure shall acquire and maintain, during the period of time when any of the Public Improvements or Public Infrastructure is under construction (and until the full and final completion of the Public Improvements and/or Public Infrastructure, as applicable, and acceptance thereof by the City): (a) workers compensation insurance in the amount required by law; and (b) commercial general liability insurance including personal injury liability, premises operations liability, and contractual liability, covering, but not limited to, the liability assumed under any indemnification provisions of this Agreement, with limits of liability for bodily injury, death and property damage of $1,000,000.00. Each Developer’s insurance shall also cover claims which might arise out of its Public Improvements and/or Public Infrastructure construction contracts, as applicable, whether by Developers, a contractor, subcontractor, material man, or otherwise. Coverage must be on a “per occurrence” basis. All such insurance shall: (i) be issued by a carrier which is rated “A-1” or better by A.M. Best’s Key Rating Guide and licensed to do business in the State of Texas; and (ii) name the City as an additional insured and contain a waiver of subrogation endorsement in favor of the City. Upon the execution of Public Improvement and/or Public Infrastructure construction contracts, as applicable, such Developer shall provide or cause to be provided to the City certificates of insurance evidencing such insurance coverage, along with the endorsement naming the City as an additional insured. Each such policy shall provide that, at least thirty (30) days, except ten (10) days for non-payment, prior to the cancellation of the same, the City shall receive written notice of such cancellation. 5.8 INDEMNIFICATION and HOLD HARMLESS. EACH DEVELOPER, INCLUDING ITS RESPECTIVE SUCCESSORS AND ASSIGNS, HEREBY COVENANT S AND AGREES TO RELEASE, DEFEND, HOLD HARMLESS, AND INDEMNIFY THE CITY AND ITS OFFICERS, OFFICIALS, AGENTS, REPRESENTATIVES, SERVANTS AND EMPLOYEES (COLLECTIVELY, THE “RELEASED PARTIES”), FROM AND AGAINST ALL THIRD-PARTY CLAIMS, SUITS, JUDGMENTS, DAMAGES, AND DEMANDS (TOGETHER, “CLAIMS”) AGAINST THE CITY OR ANY OF THE RELEASED PARTIES, WHETHER REAL OR ASSERTED INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEY’S FEES, RELATED EXPENSES, EXPERT WITNESS FEES, CONSULTANT FEES, AND OTHER COSTS, ARISING OUT OF THE NEGLIGENCE OF SUCH DEVELOPER, INCLUDING THE NEGLIGENCE OF ITS RESPECTIVE EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN, AND/OR AGENTS, IN WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 12 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 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. NOTWITHSTANDING THE FOREGOING, EACH DEVELOPER SHALL NOT, HOWEVER, BE REQUIRED TO INDEMNIFY THE CITY AGAINST CLAIMS CAUSED BY THE CITY’S OWN NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. IF THE CITY INCURS CLAIMS THAT ARE CAUSED BY THE CONCURRENT NEGLIGENCE OF A DEVELOPER AND THE CITY, SUCH DEVELOPER’S INDEMNITY OBLIGATION WILL BE LIMITED TO A FRACTION OF THE TOTAL CLAIMS EQUIVALENT TO SUCH DEVELOPER’S OWN PERCENTAGE OF RESPONSIBILITY. EACH DEVELOPER, INCLUDING ITS RESPECTIVE SUCCESSORS AND ASSIGNS, 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 PROPERTIES PRIOR TO 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 DEVELOPERS’ REPRESENTATIONS IN THIS AGREEMENT; OR (2) THIS AGREEMENT OR OWNERSHIP OF THE PROPERTIES. NOTWITHSTANDING THIS PROVISION OR ANY OTHER PROVISION OF THIS AGREEMENT, STARLIGHT SHALL NOT BE OBLIGATED TO INDEMNIFY, DEFEND, OR HOLD THE CITY HARMLESS FOR SAGINAW’S ACTS OR OMISSIONS, OR THE ACTS OR OMISSIONS OF SAGINAW’S AGENTS, SERVANTS, CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN, OR EMPLOYEES; AND SAGINAW SHALL NOT BE OBLIGATED TO INDEMNIFY, DEFEND OR HOLD THE CITY HARMLESS FOR STARLIGHT’S ACTS OR OMISSIONS, OR THE ACTS OR OMISSIONS OF STARLIGHT’S AGENTS, SERVANTS, CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN OR EMPLOYEES. THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 5.9 Status of Parties. At no time shall the City have any control over or charge of Developers’ (or its contractors’) design, construction or installation of any of the Public Infrastructure, nor the means, methods, techniques, sequences or procedures utilized for said design, construction or installation. This Agreement does not create a joint enterprise or venture or employment relationship between the City and Developers. SECTION 6 EVENTS OF DEFAULT; REMEDIES 6.1 Events of Default. No Party shall be in default under this Agreement until notice of the alleged failure of such Party to perform has been given in writing to all Parties (which notice shall set forth in reasonable detail the nature of the alleged failure) and until such Party has been given a reasonable time to cure the alleged failure (such reasonable time to be determined based on the nature of the alleged failure, but in no event less than thirty (30) days or any longer time period to the extent expressly stated in this Agreement as relates to a specific failure to perform) after written notice of the alleged failure has been given except as relates to a type of default for WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 13 which a different time period is expressly set forth in this Agreement. Notwithstanding the foregoing, (a) no Party shall be in default under this Agreement if, within the applicable cure period, the Party to whom the notice was given begins performance and thereafter diligently and continuously pursues performance until the alleged failure has been cured; and (b) a Party shall be in default of its obligation to make any payment required under this Agreement if such payment is not made within twenty (20) Business Days after it is due. 6.2 Remedies. Except as otherwise set forth in this Agreement, as compensation for another party’s default, an aggrieved Party may seek specific performance of the other party’s obligations under this Agreement. Notwithstanding the foregoing, however, no default under this Agreement shall: (a) entitle the City to terminate this Agreement or to suspend performance under this Agreement (except as otherwise expressly set forth in this Agreement); or (b) adversely affect or impair the current or future obligations of the City to provide water, sewer and other Municipal Services to the Properties in accordance with applicable law. Notwithstanding the foregoing or any other provision of this Agreement, the city may withhold City utility services as to any portion of a Development until all Public Improvements necessary to serve such portion of the Development is properly constructed according to the approved engineering plans and City Regulations, and until such Public Improvement has been dedicated to and accepted by the City, which acceptance shall not be unreasonably withheld, conditioned or delayed. SECTION 7 ASSIGNMENT; ENCUMBRANCE 7.1 Assignment. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the Parties and signatories hereto. Each Party may freely assign, in whole or in part, its respective obligations, requirements, or covenants to develop its respective portion of the Properties under to this Agreement to any affiliate or related entity of Developers, or any lien holder on the Properties, or to TFCC Coyote LLC, or to an entity that is or will become a future owner of all or a portion to the Property, without the prior written consent of the City. Except as otherwise provided in this paragraph, the obligations, requirements or covenants for the development of the Properties shall not be assigned, in whole or in part, by Developers to a non- affiliate or non-related entity of Developers without the prior written consent of the City Manager, which consent shall not be unreasonably withheld or delayed if the assignee demonstrates financial ability to perform. Any reimbursement or receivables due under this Agreement (e.g., the Impact Fee Reimbursement) may be assigned by the respective Developer due such reimbursement or receivable without the consent of, but upon written notice to the City pursuant to the terms hereof (and upon such assignment of reimbursement or receivables, the City will pay the reimbursement directly to the assignee unless otherwise notified in writing). An assignee who assumes such forgoing obligations shall be considered a “Party” for the purposes of this Agreement. Each assignment shall be in writing executed by the respective Developer and its assignee and shall obligate the assignee to be bound by this Agreement to the extent this Agreement applies or relates to the obligations, rights, title, or interests being assigned. No assignment by a Developer shall release such Developer from any liability that resulted from an act or omission by such Developer that occurred prior to the effective date of the assignment unless the City approves the release in writing. Each Developer shall maintain written records of all assignments made by such Developer to assignees, including a copy of each executed assignment and, upon written request from any Party or assignee, shall provide a copy of such records to the requesting person or entity, and this WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 14 obligation shall survive the assigning Party’s sale, assignment, transfer, or other conveyance of any interest in this Agreement or the Properties. 7.2 Assignees as Parties. An assignee authorized in accordance with this Agreement and for which notice of assignment has been provided in accordance herewith shall be considered a “Party” for the purposes of this Agreement. 7.3 Third Party Beneficiaries. Except as otherwise provided herein, this Agreement inures to the benefit of, and may only be enforced by, the Parties. No other person or entity shall have any right, title, or interest under this Agreement or otherwise be deemed to be a third-party beneficiary of this Agreement. 7.4 Notice of Assignment. The following requirements shall apply in the event that either Starlight or Saginaw sells, assigns, transfers, or otherwise conveys its respective interest in the Properties or any part thereof and/or any of its respective rights or benefits under this Agreement: (i) such Party must provide written notice to the other Parties to the extent required under this section at least fifteen (15) business days after any such sale, assignment, transfer, or other conveyance; (ii) said notice must describe the extent to which any rights or benefits under this Agreement were sold, assigned, transferred, or otherwise conveyed; (iii) said notice must state the name, mailing address, telephone contact information, and, if known, email address, of the person(s) that will acquire any rights or benefits as a result of any such sale, assignment, transfer or other conveyance; and (iv) said notice must be signed by a duly authorized person representing such Party and a duly authorized representative of the person that acquired any rights or benefits as a result of the sale, assignment, transfer or other conveyance. SECTION 8 RECORDATION AND ESTOPPEL CERTIFICATES 8.1 Binding Obligations. This Agreement and all amendments thereto and assignments hereof shall be recorded in the Real Properties Records of Collin County. This Agreement binds and constitutes a covenant running with the Properties and, upon the Effective Date, is binding upon Developers, Coyote Meadows Property Owner and the City, and forms a part of any other requirements for development within the Properties. This Agreement, when recorded, shall be binding upon the Coyote Meadows Property Owner, the Parties and their successors and assigns as permitted by this Agreement and upon the Properties. Notwithstanding the foregoing, this Agreement shall not bind or encumber any residential lot or residence located thereon within the Properties that is sold to a third-party homeowner. 8.2 Estoppel Certificates. From time to time, upon written request of a Party or any future owner or lienholder, and upon the payment to the City of a $100.00 fee plus all reasonable costs incurred by the City in providing the certificate described in this section, including without limitation attorney’s fees and related costs, the City Manager, or his/her designee will, in his/her official capacity and to his/her reasonable knowledge and belief, execute a writt en estoppel certificate which shall include, but not necessarily be limited to, statements that this Agreement is in full force and effect without default (or if default exists, identifying any obligations of an Party or owner under this Agreement that are in default and the nature of the default and curative action which should be undertaken to cure same), the remaining term of this Agreement and such other matters reasonably requested by the party to receive the certificate. WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 15 SECTION 9 GENERAL PROVISIONS 9.1 Term. Except with respect to any earlier termination effected under this Agreement, this Agreement shall terminate upon satisfaction of all obligations by all Parties or the expiration of twenty-five (25) years after the Effective Date, whichever occurs earlier. 9.2 Recitals. The recitals contained in this Agreement: (a) are true and correct as of the Effective Date; (b) form the basis upon which the Parties negotiated and entered into this Agreement; and (c) reflect the final intent of the Parties with regard to the subject matter of this Agreement. In the event it becomes necessary to interpret any provision of this Agreement, the intent of the Parties, as evidenced by the recitals, shall be taken into consideration and, to the maximum extent possible, given full effect. The Parties have relied upon the recitals as part of the consideration for entering into this Agreement and, but for the intent of the Parties reflected by the recitals, would not have entered into this Agreement. 9.3 Notices. Any notice, submittal, payment or instrument required or permitted by this Agreement to be given or delivered to any party shall be deemed to have been received when delivered personally or upon the expiration of 72 hours following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows: To the City: City of Anna, Texas Attn: City Manager 111 N. Powell Parkway Anna, TX 75409 With a copy to: Wolfe, Tidwell & McCoy, LLP Attn: Clark McCoy 2591 Dallas Parkway, Suite 300 Frisco, TX 75034 To Starlight: With a copy to: Starlight Homes Texas, L.L.C. Attn: Daniel Satsky 1800 Valley View Lane, Ste 100 Farmers Branch, Texas 75234 Starlight Homes Texas, L.L.C. Attn: Christina Malone & Ruth Mitchell 3820 Mansell Rd., Suite 400 Alpharetta, Georgia 30022 WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 16 To Saginaw: With a copy to: Saginaw 106, LTD Attn: Landon Darwin 3045 Lackland Road Fort Worth, Texas 76116 Saginaw 106, LTD Attn: Sarah Powers 3045 Lackland Road Fort Worth, Texas 76116 Any Party may change its address or addresses for delivery of notice by delivering written notice of such change of address to the other Parties. 9.4 Interpretation. The Parties acknowledge that each has been actively involved in negotiating this Agreement. Accordingly, the rule of construction that any ambiguities are to be resolved against the drafting Party will not apply to interpreting this Agreement. In the event of any dispute over the meaning or application of any provision of this Agreement, the provision will be interpreted fairly and reasonably and neither more strongly for nor against any Party, regardless of which Party originally drafted the provision. 9.5 Time. In this Agreement, time is of the essence and compliance with the times for performance herein is required. 9.6 Authority and Enforceability. The City represents and warrants that this Agreement has been approved by official action by the City Council of the City in accordance with all applicable public notice requirements (including, but not limited to, notices required by the Texas Open Meetings Act) and that the individual executing this Agreement on behalf of the City has been duly authorized to do so. Starlight represents and warrants that this Agreement has been approved by the appropriate action of Starlight, and that the individual executing this Agreement on behalf of Starlight has been duly authorized to do so. Saginaw represents and warrants that this Agreement has been approved by the appropriate action of Saginaw, and that the individual executing this Agreement on behalf of Saginaw has been duly authorized to do so. Each Party respectively acknowledges and agrees that this Agreement is binding upon such Party and is enforceable against such Party, in accordance with its terms and conditions. 9.7 Severability. This Agreement shall not be modified or amended except in writing signed by the Parties. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable for any reason, then: (a) such unenforceable provision shall be deleted from this Agreement; (b) the unenforceable provision shall, to the extent possible and upon mutual agreement of the parties, be rewritten to be enforceable and to give effect to the intent of the Parties; and (c) the remainder of this Agreement shall remain in full force and effect and shall be interpreted to give effect to the intent of the Parties. 9.8 Applicable Law; Venue. This Agreement is entered into pursuant to, and is to be construed and enforced in accordance with, the laws of the State of Texas, and all obligations of the Parties are performable in Collin County. Exclusive venue for any action related to, arising out of, or brought in connection with this Agreement shall be in the Collin County District Court. WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 17 9.9 Non-Waiver. Any failure by a Party to insist upon strict performance by the other Party of any material provision of this Agreement shall not be deemed a waiver thereof, and the Party shall have the right at any time thereafter to insist upon strict performance of any and all provisions of this Agreement. No provision of this Agreement may be waived except by writing signed by the Party waiving such provision. Any waiver shall be limited to the specific purposes for which it is given. No waiver by any Party of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. 9.10 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 9.11 Force Majeure. Each Party shall use good faith, due diligence and reasonable care in the performance of its respective obligations under this Agreement, and time shall be of the essence in such performance; however, in the event a Party is unable, due to force majeure, to perform its obligations under this Agreement, then the obligations affected by the force majeure shall be temporarily suspended equal to the time period the Party was delayed, except that the obligation of any Party to make any payments required pursuant to this Agreement shall not be suspended by force majeure. Within three (3) business days after the occurrence of a force majeure, the Party claiming the right to temporarily suspend its performance, shall give Notice to all the Parties, including a detailed explanation of the force majeure and a description of the action that will be taken to remedy the force majeure and resume full performance at the earliest possible feasible time. The term “force majeure” shall include any delay due to any of the following acts or events: (a) wars, terrorism, civil disturbances, riots, insurrections, civil unrest, vandalism and sabotage; (b) transportation disasters, whether by sea, rail, air or land; (c) strikes, lockouts, work stoppage or slowdowns or other labor disputes or material shortages; (d) actions or failures to act of a governmental authority, including any changes to the plans and specifications required as a condition to the issuance of any permits or any changes in laws or codes not reasonably foreseeable on the Effective Date, and any delay in issuance of permits or certificates of occupancy by any governmental authority having jurisdiction, but excluding delays due to conditions that violate applicable codes and regulations; (e) adverse weather conditions, including rain of unusual duration or volume, hurricanes, lightning, tornadoes, earthquakes, floods or acts of God; (f) epidemics or pandemics or any governmental orders, actions, shut-downs, mandates, restrictions or quarantines or any quasi-governmental orders, actions, shut-downs, mandates, restrictions or quarantines resulting from any epidemics or pandemics, and any public health emergencies whether declared by local, state or federal governmental authorities or agencies; (g) labor shortages or moratoriums; (h) fire or other material casualty; (i) mechanical failure of equipment; (j) utility delays or interruptions; (k) any emergency event that threatens imminent harm to property or injury to persons; (l) any other causes of any kind whatsoever, whether similar to those enumerated or not which are beyond the control of such Party in the performance of its obligations hereunder; provided, however, in all cases, only to the extent that the Party claiming force majeure (1) did not cause such force majeure condition, and (2) throughout the pendency of such force majeure condition, utilizes commercially reasonable efforts to minimize the impact and delays caused by such force majeure condition. If a Party is delayed due to force majeure, then such Party shall provide written notice of the delay and applicable extension of time periods to the other Parties. WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 18 9.12 Complete Agreement. This Agreement embodies the entire Agreement between the Parties and cannot be varied or terminated except as set forth in this Agreement, or by written agreement of the City and Developers expressly amending the terms of this Agreement. By entering into this Agreement, the Parties understand and agree that any previous agreements or understanding between the parties are null and void. 9.13 Consideration. This Agreement is executed by the Parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is hereby acknowledged. 9.14 Limited Waiver of Immunity. The Parties are entering into this Agreement in reliance upon its enforceability. Consequently, the City unconditionally and irrevocably waives all claims of sovereign and governmental immunity which it may have (including, but not limited to, immunity from suit and immunity to liability) to the extent, but only to the extent, that a waiver is necessary to enforce specific performance of this Agreement (including all of the remedies provided under this Agreement) and to give full effect to the intent of the Parties under this Agreement. Notwithstanding the foregoing, the waiver contained herein shall not waive any immunities that the City may have with respect to claims of injury to persons or property, which claims shall be subject to all of their respective immunities and to the provisions of the Texas Tort Claims Act. Further, the waiver of immunity herein is not enforceable by any party not a Party to this Agreement, except for any party that may be construed to be a third-party beneficiary to this Agreement. 9.15 Vested Rights. This Agreement shall constitute a “permit” (as defined in Chapter 245 of the Texas Local Government Code) that is deemed filed with the City on the Effective Date and Developers do not hereby waive or release any rights that Developers may now or thereafter have with respect to any rights under Chapter 245 of the Texas Local Government Code. 9.16 Exhibits. The following exhibits are attached to this Agreement and are incorporated herein for all purposes: Exhibit A Metes and Bounds Description of the Properties Exhibit B Preliminary Plats for the Properties Exhibit C Intentionally Deleted Exhibit D Sanitary Sewer Public Improvements – Opinion of Probable Construction Cost Exhibit E Sanitary Sewer Public Improvements – Plans and Specifications [SIGNATURES PAGES AND EXHIBITS FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT SIGNATURE PAGE 1 EXECUTED BY THE PARTIES TO BE EFFECTIVE ON THE EFFECTIVE DATE: CITY: CITY OF ANNA, a home-rule municipality in Collin County, Texas By: Name: Nate Pike Title: Mayor Date: STATE OF TEXAS § § COUNTY OF COLLIN § This instrument was acknowledged before me on this __ day of _______________ 2023, Nate Pike, Mayor of the City of Anna, a home-rule municipality in Collin County, Texas. Notary Public, State of Texas [SEAL] WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT SIGNATURE PAGE 2 STARLIGHT: STARLIGHT HOMES TEXAS, L.L.C., a Texas limited liability company By: Name: __________________________ Title: ________________ THE STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the ___ day of ____________ 2023, by ___________ of Starlight Homes Texas, L.L.C., a Texas Limited Liability Company. Notary Public in and for the State of Texas WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT SIGNATURE PAGE 3 SAGINAW: SAGINAW 106, LTD., a Texas limited partnership By: Windfall Investments, Inc.., a Texas corporation, its general partner By: Name: _______________________ Title: ___________________ THE STATE OF TEXAS § § COUNTY OF COLLIN § This instrument was acknowledged before me on the ___ day of ____________ 2023, by ___________ President of Windfall Investments, Inc., general partner to Saginaw 106, LTD, on behalf of said entity. Notary Public in and for the State of Texas WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT SIGNATURE PAGE 1 ACKNOWLEDGED AND AGREED TO BY COYOTE MEADOWS PROPERTY OWNER: TFCC COYOTE LLC, a Texas limited liability company By: Name: _______________________ Title: ___________________ THE STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the ___ day of ____________ 2023, by ___________ of TFCC Coyote LLC, a Texas Limited Liability Company. Notary Public in and for the State of Texas Exhibit A-1 METES AND BOUNDS DESCRIPTION OF THE COYOTE MEADOWS PROPERTY WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT EXHIBIT A-1 Exhibit A-2 METES AND BOUNDS DESCRIPTION OF THE SAGINAW PROPERTY WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT EXHIBIT A-2 Exhibit B-1 PRELIMINARY PLAT OF COYOTE MEADOWS WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT EXHIBIT B-1 Exhibit B-1 PRELIMINARY PLAT OF COYOTE MEADOWS WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT EXHIBIT B-1 Exhibit B-1 PRELIMINARY PLAT OF COYOTE MEADOWS WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT EXHIBIT B-1 Exhibit B-1 PRELIMINARY PLAT OF COYOTE MEADOWS WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT EXHIBIT B-1 Exhibit B-1 PRELIMINARY PLAT OF COYOTE MEADOWS WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT EXHIBIT B-1 Exhibit B-2 PRELIMINARY PLAT OF CEDAR RIDGE ESTATES WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT EXHIBIT B-2 Exhibit C EXHIBIT C-1 INTENTIONALLY DELETED Exhibit D SANITARY SEWER IMPROVEMENTS – OPINION OF PROBABLE CONSTRUCTION COST WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT EXHIBIT D-1 Exhibit E SANITARY SEWER IMPROVEMENTS – PLANS WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT EXHIBIT E-1 Exhibit E SANITARY SEWER IMPROVEMENTS – PLANS WASTEWATER IMPACT FEE REIMBURSEMENT AGREEMENT EXHIBIT E-1 Item No. 7.c. City Council Agenda Staff Report Meeting Date: 4/11/2023 Staff Contact: Kimberly Garduno AGENDA ITEM: Consider/Discuss/Action adopting a Resolution determining an area of the City that contains conditions which are detrimental to the community and constitutes a slum and blighted area. (Economic Development Coordinator Kimberly Garduno) SUMMARY: The Revitalization of Downtown Anna is considered a top priority as outlined by the City Council. City staff received notification of two (2) grants that provide infrastructure funding from the Texas Department of Agriculture (TDA). After a preliminary review, the City of Anna has the potential to rank high in the selection process and therefore has a solid chance to receive funding for the Downtown Revitalization Program grant. FINANCIAL IMPACT: Funding for this grant match is available in the FY2023 Department budget in the amount of $75,000 if the grant is approved. BACKGROUND: The DRP program objective is to provide infrastructure improvements to address the conditions that contribute to the deterioration in an area designated as slum or blighted in the applicant community's downtown area. Therefore, it is necessary to designate an area in the downtown that qualifies as slum or blighted. Conditions that contribute to slum & blight may include dilapidated or deteriorated buildings, insufficient sidewalks, lack of lighting or ADA accessibility, or other conditions that may pose a safety hazard and limit economic activity. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Resilient. ATTACHMENTS: 1. S and B Resolution_City Council 2. Anna SB map with sidewalks CITY OF ANNA, TEXAS RESOLUTION NO. ____________ A RESOLUTION OF THE CITY OF ANNA, TEXAS, DETERMINING THAT AN AREA OF THE CITY CONTAINS CONDITIONS WHICH ARE DETRIMENTAL TO THE PUBLIC HEALTH, SAFETY, AND WELFARE OF THE COMMUNITY AND CONSTITUTES A SLUM AND BLIGHTED AREA WHEREAS, the City Council of the City of Anna has reviewed and evaluated conditions in the Downtown District of the municipality; and WHEREAS, the City Council has found conditions which are detrimental to the public health, safety, and welfare of the community within the Downtown District, as follows: Aged and dilapidated buildings, deteriorated, insufficient or a lack of sidewalks, noncompliant and inadequate ADA access, and dilapidated lighting infrastructure. These features present a threat to public health and safety; and WHEREAS, the City Council of the City of Anna has authorized an application for funding under the Downtown Revitalization Program, as follows: Install sidewalks, ADA access improvements, including ramps, lighting and electrical improvements, and associated appurtenances within the Downtown District; and WHEREAS, these project activities will aid in the elimination of slum and blight in the community by: Installing sidewalks, ADA accessible ramps, installing lighting and electrical conduit, improving the overall appearance and usability of the area, increasing public use, and reducing the existing threat to public health and safety; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT THE AREA IDENTIFIED BY THE FOLLOWING BOUNDARIES AND OUTLINED ON THE MAP ATTACHED HERETO AS EXHIBIT A HAS BEEN DETERMINED TO BE A SLUM AND BLIGHTED AREA. Boundaries North: Alley North of 4th St South: Alley South of 4th St East: Alley East of Sherley Road West: Alley West of S. Powell Parkway PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 11th day of April 2023. ATTEST: _____________________________ City Secretary, Carrie Land APPROVED: ________________________________ Mayor, Nate Pike Anna 2023 DRP Appl ication Sl um & Bl ight Slum & Blight Boundary Si dewalks/ADA ramps Sidewalks/AD A/Light ing (priority 2) Sidewalk/ADA/Lighting (Priority 1) S. POWELL PARKWAYN. RIGGINS ST. S. INTERURBAN ST. S. RIGGINS ST. N. POWELL PARKWAYW. 4TH STREET N. INTERURBAN ST. Huitt-Zollars, Inc. Dallas Phone (214) 871-3311 Fax (214) 871-0757 5430 LBJ Freeway, Suite 1500 Dallas, Texas 75240 APRIL 2023 SIDEWALK IMPROVEMENT CITY OF ANNA PROJECT NO:EXHIBIT 00 100' Scale: 1" = 100' BENEFIT AREA PROPOSED SIDEWALK AND CONDUIT PROPOSED CROSSWALK PROPOSED RAMP STREET LIGHTS LEGEND Item No. 7.e. City Council Agenda Staff Report Meeting Date: 4/11/2023 Staff Contact: Kimberly Garduno AGENDA ITEM: Second Reading of a Resolution approving a project of the Anna Community Development Corporation to provide for matching funds for a Community Development Block Grant Program, Downtown Revitalization Program, for various improvements. (Economic Development Coordinator Kimberly Garduno) SUMMARY: Two readings of the resolution are required prior to approving a project of the Anna Community Development Corporation. The resolution is included in the proceeding item approving the CDC providing matching funds for the Downtown Revitalization Project. The CDC Board approved the expenditure of funds on April 6, 2023. The presiding officer should read the following: A RESOLUTION APPROVING A PROJECT OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION TO PROVIDE FOR MATCHING FUNDS FOR A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, DOWNTOWN REVITALIZATION PROGRAM FUND, FOR VARIOUS IMPROVEMENTS. FINANCIAL IMPACT: Funding for this grant match is available in the FY2023 Department budget in the amount of $75,000 if the grant is approved. BACKGROUND: This resolution will authorize the City of Anna to submit a $500,000 application, as well as, a $75,000 match commitment, to the Texas Department of Agriculture to install sidewalks, ADA Accessible ramps, and lighting along 4th Street. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Resilient. ATTACHMENTS: Item No. 7.f. City Council Agenda Staff Report Meeting Date: 4/11/2023 Staff Contact: Kimberly Garduno AGENDA ITEM: Consider/Discuss/Action on a Resolution approving a project of the Anna Community Development Corporation to provide matching funds for a Community Development Block Grant Program, Downtown Revitalization Program, for various improvements. (Economic Development Coordinator Kimberly Garduno) SUMMARY: Members of the EDC/CDC Board approved the expenditure of $75,000 in connection with the City of Anna's application for a grant from the Texas Department of Agriculture's Texas Community Development Block Grant Program - Downtown Revitalization Fund. FINANCIAL IMPACT: Funding for this grant match is available in the FY2023 Department? budget in the amount of $75,000 if the grant is approved. BACKGROUND: This resolution will authorize the City of Anna to submit a $500,000 application, as well as, a $75,000 match commitment, to the Texas Department of Agriculture to install sidewalks, ADA Accessible ramps, and lighting along 4th Street. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Resilient. ATTACHMENTS: 1. City Council resolution DRP grant approving CDC Project 2. ANNA-4TH ST-EXHIBIT 3. ANNA-4TH ST-OVERALL EXHIBIT CITY OF ANNA, TEXAS RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS APPROVING AN ANNA COMMUNITY DEVELOPMENT CORPORATION PROJECT TO PROVIDE MATCHING FUNDS FOR A TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION TO THE TEXAS DEPARTMENT OF AGRICULTURE FOR THE DOWNTOWN REVITALIZATION PROGRAM FUND WHEREAS, the Anna Community Development Corporation (the “CDC”) has authorized the expenditure of $75,000 in connection with the City of Anna’s application for a grant from the Texas Department of Agriculture Texas Community Development Block Grant Program, Downtown Revitalization Program Fund, for various improvements (the “Project”); and WHEREAS, the City Council of the City of Anna, Texas (the “City Council”) has reviewed the content of the Project; and WHEREAS, the City Council is in favor of the Project and has found and determined that the Project will promote new or expanded business development; and WHEREAS, the City Council adopts this resolution after two separate readings of same at a duly noticed public meeting on April 11, 2023; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Approval of Project The City Council approves the Project and the CDC’s expenditure of $75,000 in matching funds in support of the City of Anna’s grant application for Community Development Block Grant Program, Downtown Revitalization Program Fund, for various improvements. PASSED AND APPROVED by the City Council of the City of Anna, Texas this 11th day of April 2023. APPROVED: _____________________________ Nate Pike, Mayor ATTEST: ________________________________ Carrie L. Land, City Secretary S. POWELL PARKWAYN. RIGGINS ST. S. INTERURBAN ST. S. RIGGINS ST. N. POWELL PARKWAYW. 4TH STREET N. INTERURBAN ST. Huitt-Zollars, Inc. Dallas Phone (214) 871-3311 Fax (214) 871-0757 5430 LBJ Freeway, Suite 1500 Dallas, Texas 75240 APRIL 2023 SIDEWALK IMPROVEMENT CITY OF ANNA PROJECT NO:EXHIBIT 00 100' Scale: 1" = 100' BENEFIT AREA PROPOSED SIDEWALK AND CONDUIT PROPOSED CROSSWALK PROPOSED RAMP STREET LIGHTS LEGEND SIDEWALK IMPROVEMENT CITY OF ANNA PROJECT NO:EXHIBIT Huitt-Zollars, Inc. Dallas Phone (214) 871-3311 Fax (214) 871-0757 5430 LBJ Freeway, Suite 1500 Dallas, Texas 75240 APRIL 2023 00 5000' Scale: 1" = 5000' PROJECT LOCATION CITY OF ANNA LIMITS LEGEND 4TH STREET Item No. 7.g. City Council Agenda Staff Report Meeting Date: 4/11/2023 Staff Contact: Kimberly Garduno AGENDA ITEM: First Reading of a Resolution approving a project of the Anna Community Development Corporation to provide for matching funds for a Community Development Block Grant Program, Community Development Fund, for street improvements. (Economic Development Coordinator Kimberly Garduno) SUMMARY: Two readings of the resolution are required prior to approving a project of the Anna Community Development Corporation. The resolution is included in the proceeding item approving the CDC providing matching funds for the Downtown Revitalization Project. The CDC Board approved the expenditure of funds on April 6, 2023. This is the first reading of the resolution authorizing the matching of funds for the DRP application. The presiding officer should read the following: A RESOLUTION APPROVING A PROJECT OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION TO PROVIDE FOR MATCHING FUNDS FOR A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, COMMUNITY DEVELOPMENT FUND, FOR STREET IMPROVEMENTS. FINANCIAL IMPACT: Funding for this grant match is available in the FY2023 Department? budget in the amount of $75,000 if the grant is approved. BACKGROUND: This resolution will authorize the City of Anna to submit a $500,000 application, as well as, a $75,000 match commitment, to the Texas Department of Agriculture to reconstruct streets on Edwards/Riggins streets. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Resilient. ATTACHMENTS: Item No. 7.h. City Council Agenda Staff Report Meeting Date: 4/11/2023 Staff Contact: Kimberly Garduno AGENDA ITEM: Second Reading of a Resolution approving a project of the Anna Community Development Corporation to provide for matching funds for a Community Development Block Grant Program, Community Development Fund, for street improvements. (Economic Development Coordinator Kimberly Garduno) SUMMARY: Two readings of the resolution are required prior to approving a project of the Anna Community Development Corporation. The resolution is included in the proceeding item approving the CDC providing matching funds for the Downtown Revitalization Project. The CDC Board approved the expenditure of funds on April 6, 2023. The presiding officer should read the following: A RESOLUTION APPROVING A PROJECT OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION TO PROVIDE FOR MATCHING FUNDS FOR A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, COMMUNITY DEVELOPMENT FUND, FOR STREET IMPROVEMENTS. FINANCIAL IMPACT: Funding for this grant match is available in the FY2023 Department budget in the amount of $75,000 if the grant is approved. BACKGROUND: This resolution will authorize the City of Anna to submit a $500,000 application, as well as, a $75,000 match commitment, to the Texas Department of Agriculture to reconstruct streets on Edwards/Riggins streets. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Resilient. ATTACHMENTS: Item No. 7.i. City Council Agenda Staff Report Meeting Date: 4/11/2023 Staff Contact: Kimberly Garduno AGENDA ITEM: Consider/Discuss/Action on a Resolution approving a project of the Anna Community Development Corporation to provide for matching funds for a Texas Community Development Block Grant Program, Community Development Fund, for street improvements. (Economic Development Coordinator Kimberly Garduno) SUMMARY: Members of the EDC/CDC Board approved the expenditure of $75,000 in connection with the City of Anna's application for a grant from the Texas Department of Agriculture's Texas Community Development Block Grant Program - Community Development Fund. FINANCIAL IMPACT: Funding for this grant match is available in the FY2023 Department? budget in the amount of $75,000 if the grant is approved. BACKGROUND: This resolution will authorize the City of Anna to submit a $500,000 application, as well as, a $75,000 match commitment, to the Texas Department of Agriculture to reconstruct streets on Edwards/Riggins streets. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Resilient. ATTACHMENTS: 1. City Council resolution CD grant approving CDC Project 2. ANNA-RIGGINS-EXHIBIT CITY OF ANNA, TEXAS RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS APPROVING AN ANNA COMMUNITY DEVELOPMENT CORPORATION PROJECT TO PROVIDE MATCHING FUNDS FOR A TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION TO THE TEXAS DEPARTMENT OF AGRICULTURE FOR THE COMMUNITY DEVELOPMENT FUND WHEREAS, the Anna Community Development Corporation (the “CDC”) has authorized the expenditure of $75,000 in connection with the City of Anna’s application for a grant from the Texas Department of Agriculture Texas Community Development Block Grant Program, Community Development Fund, for street improvements (the “Project”); and WHEREAS, the City Council of the City of Anna, Texas (the “City Council”) has reviewed the content of the Project; and WHEREAS, the City Council is in favor of the Project and has found and determined that the Project will promote new or expanded business development; and WHEREAS, the City Council adopts this resolution after two separate readings of same at a duly noticed public meeting on April 11, 2023; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Approval of Project The City Council approves the Project and the CDC’s expenditure of $75,000 in matching funds in support of the City of Anna’s grant application for Community Development Block Grant Program, Community Development Fund, for street improvements. PASSED AND APPROVED by the City Council of the City of Anna, Texas this 11th day of April 2023. APPROVED: _____________________________ Nate Pike, Mayor ATTEST: ________________________________ Carrie L. Land, City Secretary RIGGINS STEDWARDS ST RIGGINS ST CITY OF ANNA PROJECT NO:EXHIBIT Huitt-Zollars, Inc. Dallas Phone (214) 871-3311 Fax (214) 871-0757 5430 LBJ Freeway, Suite 1500 Dallas, Texas 75240 APRIL 2023 00 200' Scale: 1" = 200' BENEFIT AREA APPROXIMATE PROJECT LIMITS LEGEND Item No. 7.j. City Council Agenda Staff Report Meeting Date: 4/11/2023 Staff Contact: Dalan Walker AGENDA ITEM: Consider/Discuss/Action on a Resolution approving and authorizing the City Manager to execute a quote from Musco for the installation of sports lighting on the practice fields at Slayter Creek Park. (Parks Planning and Development Manager Dalan Walker) SUMMARY: The City received a quote from Musco Lighting under BuyBoard contract number 677- 22 for the installation of sports lighting on two practice fields at the south end of Slayter Creek Park. The quote is in the amount of $684,511. FINANCIAL IMPACT: Funding for the Slayter Creek Park Improvements project was appropriated in the FY2023 Community Investment Program budget in the amount of $5.29 million from the 2021 General Obligation Bond Fund. The estimated cost of the lighting is $685,000. BACKGROUND: While part of the CIP plan for a couple of years, the imminent expansion of the northern parking lot at Slayter Creek has created the need to install sports lighting on the two practice fields at the southern end of Slayter Creek Park . The parking lot expansion project is currently out to bid with the bid closing on April 26. The intent is for the two projects to occur simultaneously so the availability of lighted practice space at Slayter sees minimal interruption. The Musco panel that feeds the tennis court lighting already includes the switchgear for the practice field lights. The contractor may need to provide a temporary gravel crossing in the drainage swale that separates the practice fields from the rest of the park. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Active. ATTACHMENTS: 1. Resolution for Construction Agreement with Musco Sports Lighting LLC - Slayter Creek Park 2. Musco Construction Agreement Slayter Creek Park - With Exhibits - Musco Signatures CITY OF ANNA, TEXAS RESOLUTION NO. _________________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A CONSTRUCTION AGREEMENT WITH MUSCO SPORTS LIGHTING, LLC TO INSTALL ATHLETIC FIELD LIGHTING FOR TWO PRACTICE FIELDS AT SLAYTER CREEK PARK. WHEREAS, the City Council of the City of Anna, Texas, (“City Council”) finds that the construction agreement with Musco Sports Lighting, LLC is instrumental and necessary to the installation of athletic field lighting on the practice fields at Slayter Creek Park; and WHEREAS, the City Council considers the installation of athletic field lighting at Slayter Creek Park to be beneficial to the neighbors of Anna, Texas, meeting several goals and objectives set forth in the Strategic Plan adopted by City Council; and WHEREAS, the City Council approves the proposed construction agreement with Musco Sports Lighting, LLC, to include the following fee: “The total amount for fiscal year 2023: $684,511.” 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 as set forth in full. Section 2. Approval and Authorization of Agreement. The City Council hereby approves the extension attached hereto as Exhibit 1 to enter into a construction agreement with Musco Sports Lighting, LLC and ratifies and approves the City Manager’s execution of the same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize and enforce the construction agreement with Musco Sports Lighting, LLC. PASSED, APPROVED, AND ADOPTED on first and final reading on this 11th day of April, 2023. ATTEST: APPROVED: _____________________________ ______________________________ City Secretary, Carrie Land Mayor, Nate Pike EXHIBIT A Item No. 7.k. City Council Agenda Staff Report Meeting Date: 4/11/2023 Staff Contact: Joey Grisham AGENDA ITEM: Consider/Discuss/Action on a Resolution approving and authorizing the Mayor Pro Tem to execute the AnaCapri Public Improvement District Improvement Area #1 Reimbursement Agreement, and resolving other matters related thereto. (Director of Economic Development Joey Grisham) SUMMARY: Staff recommends that the City Council approve this item that includes a Resolution approving a Reimbursement Agreement with Megatel for the AnaCapri Public Improvement District to develop the Improvement Area #1 Assessed Property and be reimbursed for a specified portion of the public improvement projects using the Bond Proceeds. FINANCIAL IMPACT: N/A BACKGROUND: The City Council approved a Development Agreement with Megatel in October 2021 and created the AnaCapri Public Improvement District on April 12, 2022. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Resolution-AnaCapri RA C20012D20230404CR1 2. (MEGATEL) Anacapri Public Improvement District - RA C20012D20230404AR1 clean CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A RESOLUTION ADOPTING THE IMPROVEMENT AREA #1 REIMBURSEMENT AGREEMENT FOR ANACAPRI PUBLIC IMPROVEMENT DISTRICT WHEREAS, Developer is the developer of tracts of land located within the corporate limits of the City of Anna, Texas (the “City”), containing, collectively, approximately 341 acres (the “District”); and WHEREAS, on April 12, 2022, the City Council passed and approved the PID Creation Resolution creating a Public Improvement District encompassing all of the District, but no other land; and WHEREAS, said PID Creation Resolution identified, defined and authorized the public improvement projects that will promote the interests of the City and will confer a special benefit on the District; and WHEREAS, the City Council intends to pass and approve one or more Bond Ordinances pursuant to the authority of Section 372.024 of the Public Improvement District Assessment Act and in accordance with Subtitles A and C, Title 9, of the Texas Government Code; and WHEREAS, Bond Proceeds will be deposited into the Project Fund and disbursed for (i) the payment of the Bond Issuance Costs, (ii) reimbursement of the Developer for that portion of the Actual Costs of the Improvement Area #1 Improvements, including, without limitation, the Developer’s costs to create the PID, that Developer has funded out of pocket from its own funds, and (iii) funding of a portion of all of the Actual Costs of the Improvement Area #1 Improvements; and WHEREAS, the City Council finds and determines that the Improvement Area #1 Reimbursement Agreement (the “Reimbursement Agreement”) attached to this resolution as Exhibit A is necessary and appropriate to specify the respective rights and obligations of the City and the Developer as set forth therein; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Site Plan The City Council hereby approves the Reimbursement Agreement attached hereto as Exhibit A and authorizes the Mayor Pro Tem to execute same on behalf of the City. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 11h day of April 2023. ATTEST: APPROVED: _____________________________ ____________________________ City Secretary, Carrie L. Land Mayor Pro Tem, Lee Miller Improvement Area #1 Reimbursement Agreement AnaCapri Public Improvement District Page 1 IMPROVEMENT AREA #1 REIMBURSEMENT AGREEMENT AnaCapri Public Improvement District This Reimbursement Agreement (this “Agreement”) is entered into by AnaCapri Laguna Azure, LLC, a Wyoming limited liability company (“Developer”), and the City of Anna, Texas (the “City”), effective as of ______, 2023 (the “Effective Date”), in relation to the AnaCapri Public Improvement District (the “PID”). Developer and the City are individually referred to herein as a “Party” and collectively as the “Parties.” SECTION 1. RECITALS 1.1 WHEREAS, capitalized terms used in this Agreement shall have the meanings given to them in Section 2 or in the Service and Assessment Plan; 1.2 WHEREAS, unless otherwise defined: (1) all references to “sections” shall mean sections of this Agreement; (2) all references to “exhibits” shall mean exhibits to this Agreement which are incorporated as part of this Agreement for all purposes; and (3) all references to “ordinances” or “resolutions” shall mean ordinances or resolutions adopted by the City Council; 1.3 WHEREAS, Developer and the City have entered into a Development Agreement, recorded in the Real Property Records of Collin County as Document No. 20211021002155180, relating to the development of the property within the PID and the financing of public improvements within the PID; 1.4 WHEREAS, on April 12, 2022, the City Council adopted Resolution No. 2022-04- 1140 (the “PID Creation Resolution”) authorizing the creation of the PID pursuant to the authority of the Act; 1.5 WHEREAS, prior to the issuance of Improvement Area #1 Bonds, Developer has paid and may continue to pay for the Actual Costs of the Improvement Area #1 Projects benefitting the property within the PID; 1.6 WHEREAS, this Agreement is a “reimbursement agreement” authorized by Section 372.023(d)(1) of the Act; 1.7 WHEREAS, the recitals: (a) are part of this Agreement for all purposes; (b) are true and correct; and (c) each Party has relied upon such recitals in entering into this Agreement; and NOW THEREFORE, for and in consideration of the mutual obligations of the Parties set forth herein, the Parties agree as follows: SECTION 2. DEFINITIONS “Act” means Chapter 372, Texas Local Government Code, as amended. “Actual Cost(s)” means with respect to Improvement Area #1 Projects, the actual costs Improvement Area #1 Reimbursement Agreement AnaCapri Public Improvement District Page 2 paid or incurred by or on behalf of the Developer, including: (1) the costs incurred by the Developer, or on behalf of the Developer (either directly or through affiliates) or the City for the design, planning, financing, administration/management, acquisition, installation, construction and/or implementation of such Improvement Area #1 Projects; (2) the fees paid for obtaining permits, licenses, or other governmental approvals for such Improvement Area #1 Projects; (3) the costs incurred by or on behalf of the Developer for external professional costs, such as engineering, geotechnical, surveying, land planning, architectural landscapers, appraisals, legal, accounting, and similar professional services; (4) all labor, bonds, and materials, including equipment and fixtures, by contractors, builders, and materialmen in connection with the acquisition, construction, or implementation of the Improvement Area #1 Projects; (5) all related permitting, and public approval expenses, architectural, engineering, legal and consulting fees, and governmental fees and charges; and (6) costs to implement, administer, and manage the above‐described activities. “Annual Collection Costs” means the actual or budgeted costs and expenses related to the operation of the PID, including, but not limited to, costs and expenses for: (1) the PID administrator; (2) legal counsel, engineers, accountants, financial advisors, and other consultants engaged by the City; (3) calculating, collecting, and maintaining records with respect to Assessments and Annual Installments; (4) preparing and maintaining records with respect to Assessment Rolls and annual service plan updates; (5) paying and redeeming Improvement Area #1 Bonds; (6) investing or depositing Assessments and Annual Installments; (7) complying with the Service and Assessment Plan and the Act with respect to the Improvement Area #1 Bonds, including the City’s continuing disclosure and arbitrage rebate requirements; and (8) the paying agent/registrar and Trustee in connection with Improvement Area #1 Bonds, including their respective legal counsel. Annual Collection Costs collected but not expended in any year shall be carried forward and applied to reduce Annual Collection Costs for subsequent years. “Annual Installment” means the annual installment payment of an Assessment, as calculated by the PID administrator and approved by the City Council, that includes: (1) principal; (2) interest; and (3) Annual Collection Costs. “Assessed Parcel(s)” means any parcel within the PID against which an Assessment is levied. “Assessment(s)” means an assessment levied against Assessed Parcels pursuant to the provisions of the Act for payment of Improvement Area #1 Project Costs, including the payment of Improvement Area #1 Bonds and obligations under this Agreement. “Assessment Ordinance” means the ordinance adopted by the City Council levying Assessments on an Assessed Parcel within the PID to pay Improvement Area #1 Project Costs, Improvement Area #1 Bonds and obligations under this Agreement. “Assessment Revenue” means the revenues received by the City from the collection of Assessments, including Prepayments, Annual Installments, and Foreclosure Proceeds. “Assessment Roll” means any assessment roll for the Assessed Parcel within the District, as updated, modified or amended from time to time in accordance with the procedures set forth herein and in the Act, including updates prepared in connection with the issuance of Improvement Improvement Area #1 Reimbursement Agreement AnaCapri Public Improvement District Page 3 Area #1 Bonds or any annual service plan update. “Authorized Improvements” means (1) improvements authorized by Section 372.003 of the Act, (2) the costs of issuance of the Improvement Area #1 Bonds, and (3) the costs of the formation of the PID. “Bond Indenture” means the indenture of trust pursuant to which Improvement Area #1 Bonds are issued. “Bond Proceeds” mean the proceeds derived from the issuance and sale of Improvement Area #1 Bonds that are deposited into the Improvement Area #1 Project Fund and made available to pay Improvement Area #1 Project Costs including design, engineering, construction and inspection costs in accordance with this Agreement and any Bond Indenture or SAP. “Budgeted Cost” means the estimated cost for an Authorized Improvement as provided for in the Service and Assessment Plan. “Certificate for Payment” means a certificate (substantially in the form of Exhibit A or as attached to the Bond Indenture or as otherwise approved by Developer and the City Representative) executed by a representative of Developer and approved by the City Representative, delivered to the City Representative (and/or, if applicable, to the Trustee named in the Bond Indenture), specifying the work performed and the amount charged (including materials and labor costs) for Improvement Area #1 Project Costs, and requesting payment of such amount from the appropriate fund or funds. Each certificate shall include detailed supporting documentation in the standard form acceptable to the City as customarily accepted by the City for similar construction projects and evidence that the Improvement Area #1 Projects (or their completed segment(s)) covered by the certificate have been inspected by the City. “City Council” means the governing body of the City. “City Representative” means the Mayor Pro-Tem or City Manager (including any interim City Manager) of the City, who are hereby authorized by the City Council to undertake the actions referenced herein. “Closing Disbursement Request” means a request in the form of Exhibit B or as otherwise approved by the Parties and the trustee named in the Bond Indenture. "Cost Overrun" means, with respect to each Authorized Improvement, the amount of the Actual Cost paid for the Authorized Improvement in excess of the Budgeted Cost for such Authorized Improvement as provided for in the Service and Assessment Plan. “Default” is defined in Section 4.6.1. “Delinquent Collection Costs” mean costs related to the foreclosure on an Assessed Parcel and the costs of collection of delinquent Assessments, delinquent Annual Installments, or any other delinquent amounts due under the Service and Assessment Plan, including penalties and reasonable attorney’s fees actually paid, but excluding amounts representing interest and penalty interest. Improvement Area #1 Reimbursement Agreement AnaCapri Public Improvement District Page 4 “Development Agreement” means that certain Development Agreement, effective as of October 18, 2021, by and between the Developer and the City, as amended and in effect from time to time. “Developer Advances” means monetary advances made by Developer to pay Improvement Area #1 Project Costs. “Developer Continuing Disclosure Agreement” means the Continuing Disclosure Agreement of Developer executed contemporaneously with the issuance and sale of Improvement Area #1 Bonds. “Failure” is defined in Section 4.6.1. "Final Completion" means completion of an Authorized Improvement in compliance with existing City standards for dedication under the City’s ordinances and the Development Agreement. “Maturity Date” is the date one year after the final scheduled and non-delinquent Annual Installment is collected. “PID” means the AnaCapri Public Improvement District created by the PID Creation Resolution. “Improvement Area #1 Bonds” means the bonds issued pursuant to the provisions of the Act in one or more series to fund Improvement Area #1 Project Costs or to reimburse Developer for Improvement Area #1 Project Costs. “PID Creation Resolution” means the Resolution No. 2022-04-1140 passed and approved by the City Council on April 12, 2022 and recorded in the Real Property Records of Collin County, Texas as Document No. 20220419000628310 authorizing the creation of the PID. “Improvement Area #1 Pledged Revenue Fund” means the Pledged Revenue Fund, as defined in the Bond Indenture, established or to be established by the City (and segregated from all other funds of the City) into which the City deposits Assessment Revenue securing Improvement Area #1 Bonds issued and still outstanding, as described in the Bond Indenture. “Improvement Area #1 Project Fund” means the Project Fund, as defined in the Bond Indenture, including all accounts created within such fund, established or to be established by the City (and segregated from all other funds of the City) into which the City deposits Bond Proceeds in the amounts and as described in the Bond Indenture. “Improvement Area #1 Reimbursement Fund” means the fund established by the City under Section 3.1 of this Agreement (and segregated from all other funds of the City) into which the City deposits Assessment Revenue until they are required to be deposited into the Improvement Area #1 Pledged Revenue Fund. “Improvement Area #1 Projects” means the public improvements or services to be constructed or acquired by or on behalf of the Developer within the PID and described in the SAP, Improvement Area #1 Reimbursement Agreement AnaCapri Public Improvement District Page 5 whether the SAP defines such public improvements or services as Improvement Area #1 Projects or utilizes another term. “Improvement Area #1 Project Costs” mean the Actual Costs of the Improvement Area #1 Projects. “Reimbursement Agreement Balance” is defined in Section 3.3 herein. “Service and Assessment Plan” or “SAP” means the service and assessment plan and any updates thereto approved by the City Council, prepared in relation to the property within the PID in accordance with the Act. “Trustee” is defined herein. SECTION 3. FUNDING PROJECT COSTS 3.1 Fund Deposits. 3.1.1 Unless and until Improvement Area #1 Bonds are issued, the City shall bill, collect, and immediately deposit all Assessment Revenue into the Improvement Area #1 Reimbursement Fund, which Improvement Area #1 Reimbursement Fund is hereby created and established as a fund under this Agreement. Said PID Reimbursement Fund shall be established and maintained at an official depository bank of the City. After the issuance and delivery of Improvement Area #1 Bonds for the Improvement Area #1 Projects, the City shall bill, collect, and immediately deposit all Assessment Revenue in the manner set forth in the Bond Indenture. The City shall also deposit Bond Proceeds in the manner set forth in the Bond Indenture. Annual Installments shall be billed and collected by the City (or by any person, entity, or governmental agency permitted by law) in the same manner and at the same time as the City ad valorem taxes are billed and collected. Funds in the Improvement Area #1 Project Fund shall only be used in accordance with the Bond Indenture. Funds in the Improvement Area #1 Reimbursement Fund shall only be used to pay all or any portion of the Reimbursement Agreement Balance in accordance with this Agreement. 3.1.2 The City hereby confirms, covenants, and agrees that for so long as amounts are due to Developer under this Agreement and/or for so long as Improvement Area #1 Bonds are outstanding, that the City will do the following in the manner and to the maximum extent permitted by applicable law, subject to any conflicting provisions in the Bond Indenture: (a) take and pursue all actions necessary to cause the Assessments to be levied and collected; (b) take and pursue all actions necessary to cause the liens related to the Assessments to be enforced continuously, including diligently prosecuting an action in district court to foreclose for delinquent or nonpayment of Assessments, including Annual Installments; and (c) take and pursue all actions necessary to cause no reduction, abatement or exemption of the Assessments. Notwithstanding the foregoing, the City shall not be required under any circumstances to purchase or make payment for the purchase of the delinquent Assessments or the corresponding Assessed Parcel. The Bond Indenture shall control in the event of any conflicts with this Agreement. 3.2 Payment of Improvement Area #1 Project Costs. Improvement Area #1 Reimbursement Agreement AnaCapri Public Improvement District Page 6 3.2.1 Unless or until Improvement Area #1 Bonds are issued to pay Improvement Area #1 Project Costs, Developer may elect to make Developer Advances to pay such Improvement Area #1 Project Costs. Prior to the City’s adoption of an ordinance authorizing the issuance of a series of Improvement Area #1 Bonds, Developer shall provide evidence of available funds of the Developer or of financial security from the project lender evidencing that sufficient funds are available and reserved for completion of the Improvement Area #1 Projects or portion thereof not funded by Improvement Area #1 Bonds. If such evidence of financial security is not available, or if Developer so elects, Developer may deposit into the Improvement Area #1 Project Fund an amount equal to the remaining costs not funded by the Improvement Area #1 Bonds necessary to pay Improvement Area #1 Project Costs. 3.2.2 Bond Proceeds (i) may be used to construct Improvement Area #1 Projects and directly pay Improvement Area #1 Project Costs in lieu of Developer Advances and reimbursement and (ii) shall be used in the manner provided in the Bond Indenture. Developer may, but shall not have the obligation, to make Developer Advances unless the Bond Proceeds, on deposit in the Improvement Area #1 Project Fund, are insufficient to pay any remaining Improvement Area #1 Project Costs, in which case Developer shall make Developer Advances to pay the deficit. 3.2.3 As evidence of Developer Advances required in connection with the issuance of Improvement Area #1 Bonds, Developer shall submit to the City for approval all information related to such costs that would be required by a Closing Disbursement Request at least fifteen (15) business days prior to the closing of the Improvement Area #1 Bonds. The Developer shall also make Developer Advances to pay for cost overruns (after applying cost savings or reallocation of budget line items to reflect actual costs). In accordance with the Development Agreement, an individual line item exceeding its estimated cost shall not be construed as a cost overrun; rather, the cost for each phase within the PID shall be viewed in its entirety. Upon the Final Completion of an Authorized Improvement and payment of all outstanding invoices for such Authorized Improvement, if the Actual Costs of such Authorized Improvement is less than the Budgeted Cost (a "Cost Underrun"), any remaining budgeted cost, as shown in the Service and Assessment Plan, will be available to pay Cost Overruns on any other Authorized Improvement. The City Representative shall promptly confirm that such remaining amounts are available to pay such Cost Overruns, and the Developer, the Administrator and the City Representative will agree how to use such moneys to secure the payment and performance of the work for other Authorized Improvements. Any Cost Underrun for any Authorized Improvement is available to pay Cost Overruns on any other Authorized Improvement. The lack of Bond Proceeds or other funds in the Improvement Area #1 Project Fund shall not diminish the obligation of Developer to pay Improvement Area #1 Project Costs. 3.2.4 If the Actual Cost of an Improvement Area #1 Improvement (or segment or section thereof) exceeds the total amount of the Budgeted Cost for that Improvement Area #1 Improvements (or segment or section thereof) (a “Cost Overrun”), the Developer shall be solely responsible for payment of the remainder of the costs of that Improvement Area #1 Improvement (or segment or section thereof), except as provided in Section 3.2.5 below. 3.2.5 If, upon the completion of construction of an Improvement Area #1 Improvement (or segment or section thereof) and payment or reimbursement for such Improvement Area #1 Reimbursement Agreement AnaCapri Public Improvement District Page 7 Improvement Area #1 Improvement (or segment or section thereof), the Actual Cost of such Improvement Area #1 Improvement is less than the total amount of the Budgeted Cost for that Improvement Area #1 Improvement (or segment or section thereof) (a “Cost Underrun”), any remaining Budgeted Cost(s) may be available to pay Cost Overruns on any other Improvement Area #2 Improvement with the approval of the City Manager or his designee. The elimination of a category of Improvement Area #1 Improvement in the Service and Assessment Plan will require an amendment to the SAP. If, upon completion of the Improvement Area #1 Improvement (or segment or section thereof) in any improvement category, any funds remain in such category, those funds may be used to reimburse the Developer for any qualifying costs of the Improvement Area #1 Improvement (or segment or section thereof) that have not been paid. 3.3 Payment of Reimbursement Agreement Balance. 3.3.1 Unless or until Improvement Area #1 Bonds are issued, the City agrees to pay Developer solely from funds on deposit in the Improvement Area #1 Reimbursement Fund, and Developer shall be entitled to receive payments from the City, from such source for amounts shown on each Certificate for Payment (which amounts include only Improvement Area #1 Project Costs paid by or at the direction of Developer) (any unpaid amount owed Developer for all Certificates for Payment is referred to as the “Reimbursement Agreement Balance”). Upon the issuance of Improvement Area #1 Bonds, the City agrees to pay Developer first from funds on deposit in the Improvement Area #1 Project Fund and then from funds on deposit in the Improvement Area #1 Reimbursement Fund, if any; and, notwithstanding anything in this Agreement to the contrary, the maximum amount that Developer may be reimbursed under this Agreement shall be equal to the amount of Bond Proceeds on deposit in the Improvement Area #1 Project Fund plus amounts in the Improvement Area #1 Reimbursement Fund, if any, plus simple interest on the unpaid principal balance of the Reimbursement Agreement Balance at a rate not to exceed the rates permitted under subsections (e)(1) and (e)(2) of Section 372.023 of the Act, or if Improvement Area #1 Bonds are issued, then the interest rate on the Improvement Area #1 Bonds; provided, however, that the interest rate for the unpaid balance of the Reimbursement Agreement Balance as set forth in this paragraph shall not exceed the rates permitted under subsections (e)(1) and (e)(2) of Section 372.023 of the Act. Interest on the unpaid principal balance of the Reimbursement Agreement Balance shall begin to accrue at the City acceptance of the Improvement Area #1 Projects. 3.3.2 The obligation of the City to pay the Reimbursement Agreement Balance is payable solely from the Improvement Area #1 Reimbursement Fund or from Bond Proceeds on deposit in the Improvement Area #1 Project Fund. No other City funds, revenue, taxes, income, or property shall be used even if the Reimbursement Agreement Balance is not paid in full by the Maturity Date. Payments from the Improvement Area #1 Reimbursement Fund shall be applied in accordance with this Agreement. Each payment from the Improvement Area #1 Reimbursement Fund shall be accompanied by an accounting that certifies the Reimbursement Agreement Balance as of the date of the payment and that itemizes all deposits to and disbursements from the fund since the last payment. If there is a dispute over the amount of any payment, the City shall nevertheless pay the undisputed amount, and the Parties shall use all reasonable efforts to resolve the disputed amount before the next payment is made; however, if the Parties are unable to resolve the disputed amount, then the City’s determination of the disputed amount (as approved by the City Council) shall control. Improvement Area #1 Reimbursement Agreement AnaCapri Public Improvement District Page 8 3.4 Improvement Area #1 Bonds. The City, in its sole, legislative discretion, may issue Improvement Area #1 Bonds, in one or more series, when and if the City Council determines it is financially feasible for the purposes of: (a) paying all or a portion of the Reimbursement Agreement Balance; or (b) paying Improvement Area #1 Project Costs directly. Improvement Area #1 Bonds issued for such purpose will be secured by and paid solely as authorized by the Bond Indenture. Upon the issuance of Improvement Area #1 Bonds for such purpose, Developer's right to receive payments each year in accordance herewith shall be subordinate to the deposits required under the Bond Indenture related to any outstanding Improvement Area #1 Bonds. The failure of the City to issue Improvement Area #1 Bonds shall not constitute a “Failure” by the City or otherwise result in a “Default” by the City. Upon the issuance of the Improvement Area #1 Bonds, Developer has a duty to construct related Improvement Area #1 Projects and shall not be relieved of such duty even if there are insufficient funds in the Improvement Area #1 Project Fund to pay Improvement Area #1 Project Costs. In addition to the conditions and requirements for PID Bond issuance as set forth in the Development Agreement, the issuance of Improvement Area #1 Bonds and any other PID Bonds issued under the Development Agreement are subject to the following conditions: (1) the adoption or amendment of an SAP and an assessment ordinance levying assessments on all or any portion of the property in the PID benefitted by Authorized Improvements in amounts sufficient to pay all costs related to such Authorized Improvements; (2) the Developer, at the request of the City, providing an appraisal report; (3) approval by the Texas Attorney General of the PID Bonds and registration of the PID Bonds by the Comptroller of Public Accounts of the State of Texas; (4) the Developer is not in default under this Agreement or any other agreement with the City; (5) the Authorized Improvements to be financed by the PID Bonds have been or will be constructed according to the approved design specifications and construction standards imposed by this Agreement, if any, including any applicable City regulations; (6) the maximum maturity for any PID Bonds shall not exceed thirty (30) years from the date of delivery thereof; and (7) the Developer agrees to provide periodic information and notices of material events regarding the Developer as it relates to the development of the property in the PID in accordance with Securities and Exchange Commission Rule 15c2-12 and any continuing disclosure agreements executed by the Developer in connection with the issuance of PID Bonds. 3.5 Disbursements and Transfers at and after Bond Closing. 3.5.1 If Improvement Area #1 Bonds are issued, and upon the presentation of Improvement Area #1 Reimbursement Agreement AnaCapri Public Improvement District Page 9 evidence satisfactory to the City Representative, the City will cause the Trustee under the Bond Indenture to pay from the Bond Proceeds at closing of the Improvement Area #1 Bonds approved amounts from the appropriate account to the City, Developer, or their designees, as applicable, which costs may include payment for costs of issuance and payment of costs incurred in the establishment, administration, and operation of the PID and any other eligible items for which funds have been expended by Developer and the City as of the time of the delivery of the Improvement Area #1 Bonds. In order to receive such a disbursement, Developer shall execute a Closing Disbursement Request substantially in the form attached hereto as Exhibit B to be delivered to the City no less than fifteen (15) business days prior to the scheduled closing date for the Improvement Area #1 Bonds for payment in accordance with the provisions of the Bond Indenture. In order to receive additional disbursements from the applicable fund under the Bond Indenture, if Improvement Area #1 Bonds are issued, or from the Improvement Area #1 Reimbursement Fund, Developer shall execute a Certificate for Payment, no more frequently than monthly, to be delivered to the City for payment in accordance with the provisions of the Bond Indenture, if applicable, and/or this Agreement. 3.5.2 Upon receipt of a Certificate for Payment (along with detailed accompanying documentation acceptable to the City as customarily accepted by the City for similar construction projects) from Developer, the City shall conduct a review in order to confirm that such request is complete, to confirm that the work for which payment is requested was performed in accordance with all applicable governmental laws, rules and regulations and applicable plans therefor with the terms of this Agreement and any other agreement between the Parties related to property in the PID, and to verify and approve Improvement Area #1 Project Costs of such work specified in such Certificate for Payment. The City shall also conduct such review as is required to confirm the matters certified in the Certificate for Payment. The Developer agrees to cooperate with the City in conducting each such review and to provide the City with such additional information and documentation as is reasonably necessary for the City to conclude each such review. Within fifteen (15) business days following receipt of any Certificate for Payment, the City shall either: (a) approve the Certificate for Payment and (i) forward it to the trustee bank named in the Bond Indenture (the “Trustee”) for payment or (ii) pay such amount from the Improvement Area #1 Reimbursement Fund; or, (b) provide Developer with written notification of disapproval of all or part of a Certificate for Payment, specifying in detail the basis for any such disapproval. Any disputes shall be resolved as required by Section 3.3 herein. If Improvement Area #1 Bonds are issued, the City shall deliver the approved or partially approved Certificate for Payment to the Trustee for payment. 3.6 Obligations Limited. The obligations of the City under this Agreement shall not, under any circumstances, give rise to or create a charge against the general credit or taxing power of the City or constitute a debt or other obligation of the City payable from any source other than the Improvement Area #1 Reimbursement Fund or the Improvement Area #1 Project Fund. Unless approved by the City, no other City funds, revenues, taxes, or income of any kind other than the funds on deposit in the Improvement Area #1 Reimbursement Fund or the Improvement Area #1 Project Fund shall be used to pay: (a) the Improvement Area #1 Project Costs; (b) the Reimbursement Agreement Balance, even if the Reimbursement Agreement Balance is not paid in-full on or before the Maturity Date; or (c) debt service on any Improvement Area #1 Bonds. None of the City or any of its elected or appointed officials or any of its officers, employees, consultants, or representatives shall incur any liability hereunder to Developer or any other party Improvement Area #1 Reimbursement Agreement AnaCapri Public Improvement District Page 10 in their individual capacities by reason of this Agreement or their acts or omissions under this Agreement. 3.7 Obligation to Pay. If Developer is then in current compliance with its obligations under the Development Agreement, the Developer Continuing Disclosure Agreement if applicable, and this Agreement, and is not delinquent in payment of the Assessments and paying property taxes, then following the inspection and approval of any portion of the Improvement Area #1 Projects for which Developer seeks reimbursement of the Improvement Area #1 Project Costs by submission of a Certificate for Payment or City approval of a Closing Disbursement Request, the obligations of the City under this Agreement to pay disbursements (whether to Developer or to any person designated by Developer) identified in any Closing Disbursement Request or in any Certificate for Payment are unconditional and not subject to any defenses or rights of offset except as may be provided herein and in any Bond Indenture. 3.8 City Delegation of Authority. All Improvement Area #1 Projects shall be constructed by or at the direction of Developer in accordance with the Development Agreement and this Agreement and any other applicable agreement between the Parties related to property in the PID. Developer shall perform, or cause to be performed, all of its obligations and shall conduct, or cause to be conducted, all operations with respect to the construction of Improvement Area #1 Projects in a good and workmanlike manner, with the standard of diligence and care normally employed by duly qualified persons utilizing their commercially reasonable efforts in the performance of comparable work and in accordance with generally accepted practices appropriate to the activities undertaken. Developer has sole responsibility of ensuring that all Improvement Area #1 Projects are constructed in a good and workmanlike manner, with the standard of diligence and care normally employed by duly qualified persons utilizing their reasonable efforts in the performance of comparable work and in accordance with generally accepted practices appropriate to the activities undertaken. Developer shall, at all times, employ adequate staff or consultants with the requisite experience necessary to administer and coordinate all work related to the design, engineering, acquisition, construction, and installation of all Improvement Area #1 Projects to be acquired and accepted by the City from Developer. If any Improvement Area #1 Projects are or will be on land owned by the City, the City hereby grants to Developer a license to enter upon such land for purposes related to construction (and maintenance pending acquisition and acceptance) thereof. Inspection and acceptance of Improvement Area #1 Projects will be in accordance with applicable City ordinances and regulations. 3.9 Security for Improvement Area #1 Projects. The Developer shall provide or cause to be provided a two (2) year maintenance bond relating to the Improvement Area #1 Projects. Nothing in this Agreement shall be deemed to prohibit Developer or the City from contesting in good faith the validity or amount of any mechanics or materialman’s lien and/or judgment nor limit the remedies available to Developer or the City with respect thereto so long as such delay in performance shall not subject the Improvement Area #1 Projects to foreclosure, forfeiture, or sale. In the event that any such lien and/or judgment with respect to the Improvement Area #1 Projects is contested, Developer shall be required to post or cause the delivery of a surety bond or letter of credit, whichever is preferred by the City, in an amount reasonably determined by the City, not to exceed one hundred percent (100%) of the disputed amount. 3.10 Ownership and Transfer of Improvement Area #1 Projects. The Developer shall Improvement Area #1 Reimbursement Agreement AnaCapri Public Improvement District Page 11 furnish to the City a preliminary title report for land related to the Improvement Area #1 Projects to be acquired and accepted by the City from Developer and not previously dedicated or otherwise conveyed to the City. The report shall be made available for City review and approval at least fifteen (15) business days prior to the scheduled transfer of title. The City shall approve the preliminary title report unless it reveals a matter which, in the reasonable judgment of the City, would materially affect the common use and enjoyment subscribed to such Improvement Area #1 Projects. If the City objects to any preliminary title report, the City shall not be obligated to accept title to the applicable Improvement Area #1 Projects until Developer has cured the objections to the reasonable satisfaction of the City. SECTION 4. ADDITIONAL PROVISIONS 4.1 Term. The term of this Agreement shall begin on the Effective Date and shall continue until the earliest to occur of: (i) the Maturity Date, (ii) the date on which the Reimbursement Agreement Balance is paid in full, or (iii) the date on which the Improvement Area #1 Bonds are fully retired. 4.2 No Competitive Bidding. Construction of the Improvement Area #1 Projects shall not require competitive bidding pursuant to Section 252.022(a)(9), Texas Local Government Code, as amended. All plans and specifications, but not construction contracts, shall be reviewed and approved, in writing, by the City prior to Developer selecting the contractor. 4.3 Independent Contractor. In performing this Agreement, Developer is an independent contractor and not the agent or employee of the City. 4.4 Audit. The City Representative shall have the right, during normal business hours and upon three (3) business days’ prior written notice to Developer, to review all books and records of Developer pertaining to costs and expenses incurred by Developer with respect to any of the Improvement Area #1 Projects. For a period of two (2) years after completion of the Improvement Area #1 Projects, books shall be maintained in accordance with customary real estate accounting principles. 4.5 Representations and Warranties. 4.5.1 The Developer represents and warrants to the City that: (a) Developer has the authority to enter into and perform its obligations under this Agreement; (b) Developer has the financial resources, or the ability to obtain sufficient financial resources, to meet its obligations under this Agreement; (c) the person executing this Agreement on behalf of the Developer has been duly authorized to do so; (d) this Agreement is binding upon Developer in accordance with its terms; and (e) the execution of this Agreement and the performance by Developer of its obligations under this Agreement do not constitute a breach or event of default by Developer under any other agreement, instrument, or order to which Developer is a party or by which Developer is bound. 4.5.2 The City represents and warrants to Developer that: (a) the City has the authority to enter into and perform its obligations under this Agreement; (b) the person executing this Agreement on behalf of the City has been duly authorized to do so; (c) this Agreement is Improvement Area #1 Reimbursement Agreement AnaCapri Public Improvement District Page 12 binding upon the City in accordance with its terms; and (d) the execution of this Agreement and the performance by the City of its obligations under this Agreement do not constitute a breach or event of default by the City under any other agreement, instrument, or order to which the City is a party or by which the City is bound. 4.6 Default/Remedies. 4.6.1 If either Party fails to perform an obligation imposed on such Party by this Agreement (a “Failure”) and such Failure is not cured after written notice and the expiration of the cure periods provided in this section, then such Failure shall constitute a “Default.” If a Failure is monetary, the non-performing Party shall have ten (10) business days within which to cure. If the Failure is non-monetary, the non-performing Party shall have thirty (30) days within which to cure. However, if the non-monetary Failure is of such a nature that it cannot reasonably be expect to be cured within thirty (30) days, then the Party who failed to perform shall have such time as is necessary to cure the default, so long as the failing Party commences the cure within thirty (30) days and diligently pursues such cure to completion. 4.6.2 If Developer is in Default, the City shall have available all remedies at law or in equity; provided, however, no default by Developer shall entitle the City to terminate this Agreement, cease collection of the Assessments and deposit of the Assessment Revenues, or to withhold properly due payments to Developer from the Improvement Area #1 Reimbursement Fund or the Improvement Area #1 Project Fund in accordance with this Agreement and the Bond Indenture or on deposit in the Improvement Area #1 Reimbursement Fund. 4.6.3 Subject to Section 3.7, if the City is in Default, Developer shall have available all remedies at law or in equity; provided, however, that no Default by the City shall entitle Developer to terminate this Agreement and that any financial obligation of the City will only be payable from monies available under the Bond Indenture or under this Agreement. 4.7 Remedies Outside the Agreement. Nothing in this Agreement constitutes a waiver by the City of any remedy the City may have outside this Agreement against Developer or any other person or entity involved in the design, construction, or installation of the Improvement Area #1 Projects. The obligations of Developer hereunder shall be those of a Party hereto and not as an owner of property in the PID. Nothing herein shall be construed as affecting the City’s or Developer’s rights or duties to perform their respective obligations under other agreements, use regulations, or subdivision requirements relating to the development property in the PID. 4.8 Applicable Law; Venue. This Agreement is being executed and delivered and is intended to be performed in the State of Texas. Except to the extent that the laws of the United States may apply, the substantive laws of the State of Texas shall govern the interpretation and enforcement of this Agreement. In the event of a dispute involving this Agreement, venue shall lie in any court of competent jurisdiction in Collin County, Texas. 4.9 Notice. Any notice referenced in this Agreement must be in writing and shall be deemed given at the addresses shown below: (a) when delivered by a nationally recognized delivery service such as FedEx or UPS with evidence of delivery signed by any person at the delivery address regardless of whether such person is the named addressee; or (b) 72 hours after Improvement Area #1 Reimbursement Agreement AnaCapri Public Improvement District Page 13 deposited with the United States Postal Service, Certified Mail, Return Receipt Requested. To the City: With a copy to: City of Anna, Texas Attn: City Manager 120 W. 7th Street Anna, Texas 75409 Wolfe, Tidwell & McCoy, LLP Attn: Clark McCoy 2591 Dallas Parkway, Suite 300 Frisco, Texas 75034 To Developer: With a copy to: AnaCapri Laguna Azure, LLC 2101 Cedar Springs Rd., Suite 700 Dallas, Texas 75201 Coats Rose, P.C. Attn: Tim Green Tollway Plaza, 16000 Dallas Parkway Suite 350 Dallas, Texas 75248 Any Party may change its address by delivering notice of the change in accordance with this section. 4.10 Conflicts; Amendment. In the event of any conflict between this Agreement and any other instrument, document, or agreement by which either Party is bound, the provisions and intent of the Bond Indenture controls. This Agreement may only be amended by written agreement of the Parties. 4.11 Severability. If any provision of this Agreement is held invalid by any court, such holding shall not affect the validity of the remaining provisions. 4.12 Non-Waiver. The failure by a Party to insist upon the strict performance of any provision of this Agreement by the other Party, or the failure by a Party to exercise its rights upon a Default by the other Party, shall not constitute a waiver of such Party’s right to insist and demand strict compliance by such other Party with the provisions of this Agreement. 4.13 Third Party Beneficiaries. Nothing in this Agreement is intended to or shall be construed to confer upon any person or entity other than the City and Developer, any rights under or by reason of this Agreement. All provisions of this Agreement shall be for the sole and exclusive benefit of the City and Developer. 4.14 Counterparts. This Agreement may be executed in multiple counterparts, which, when taken together, shall be deemed one original. Improvement Area #1 Reimbursement Agreement AnaCapri Public Improvement District Page 14 4.15 Employment of Undocumented Workers. During the term of this Agreement, Developer agrees not to knowingly employ any undocumented workers and if convicted of a violation under 8 U.S.C. Section 1324a (f), Developer shall repay the amount of any Reimbursement Payment or other funds received by Developer from City from the date of this Agreement to the date of such violation within 120 days after the date Developer is notified by City of such violation, plus interest at the rate of 4% compounded annually from the date of violation until paid. Developer is not liable for a violation of this section by a subsidiary, affiliate, or franchisee of Developer or by a person with whom Developer contracts. 4.16 Boycott Israel. Developer verifies that the Developer (including any wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of the Developer) does not Boycott Israel and agrees that during the term of this Agreement (Contract as applicable) will not Boycott Israel as that term is defined in Texas Government Code Section 808.001, as amended. 4.17 Verification Pursuant to Chapters 2252 and 2270 of the Texas Government Code. As of the Effective Date, the Developer represents that, to the extent this Agreement constitutes a “governmental contract” within the meaning of Section 2252.151 of the Texas Government Code, as amended, solely for purposes of compliance with Chapter 2252 of the Texas Government Code, and except to the extent otherwise required or permitted by or under applicable federal law, neither Developer nor any wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of the Developer is a company listed by the Texas Comptroller of Public Accounts under Sections 2270.0201 (as enacted by Acts 2017, 85th Leg., ch. 96, Senate Bill 253) or 2252.153 of the Texas Government Code. 4.18. Verifications Pursuant to Chapter 2274, Texas Government Code. (a) To the extent this Agreement constitutes a contract for goods or services for which a written verification is required under Section 2274.002 (as added by Senate Bill 13 in the 87th Texas Legislature, Regular Session), Texas Government Code, as amended, the Developer hereby verifies that it and its parent company, wholly- or majority-owned subsidiaries, and other affiliates, if any, do not boycott energy companies and will not boycott energy companies during the term of this Agreement. The foregoing verification is made solely to enable the Developer to comply with such Section and to the extent such Section does not contravene applicable Texas or federal law. As used in the foregoing verification, “boycott energy companies,” a term defined in Section 2274.001(1), Texas Government Code (as enacted by such Senate Bill) by reference to Section 809.001, Texas Government Code (also as enacted by such Senate Bill), shall mean, without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company (A) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law; or (B) does business with a company described by (A) above. (b) To the extent this Agreement constitutes a contract for goods or services for which a written verification is required under Section 2274.002 (as added by Senate Bill 19 in the 87th Texas Legislature, Regular Session), Texas Government Code, as amended, the Developer hereby verifies that it and its parent company, wholly- or majority-owned subsidiaries, and other affiliates, if any, do not have a practice, policy, guidance, or directive that discriminates against a firearm Improvement Area #1 Reimbursement Agreement AnaCapri Public Improvement District Page 15 entity or firearm trade association and will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. The foregoing verification is made solely to enable the Developer to comply with such Section and to the extent such Section does not contravene applicable Texas or federal law. As used in the foregoing verification and the following definitions, ‘discriminate against a firearm entity or firearm trade association,’ a term defined in Section 2274.001(3), Texas Government Code (as enacted by such Senate Bill), (A) means, with respect to the firearm entity or firearm trade association, to (i) refuse to engage in the trade of any goods or services with the firearm entity or firearm trade association based solely on its status as a firearm entity or firearm trade association, (ii) refrain from continuing an existing business relationship with the firearm entity or firearm trade association based solely on its status as a firearm entity or firearm trade association, or (iii) terminate an existing business relationship with the firearm entity or firearm trade association based solely on its status as a firearm entity or firearm trade association and (B) does not include (i) the established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories and (ii) a company’s refusal to engage in the trade of any goods or services, decision to refrain from continuing an existing business relationship, or decision to terminate an existing business relationship (aa) to comply with federal, state, or local law, policy, or regulations or a directive by a regulatory agency or (bb) for any traditional business reason that is specific to the customer or potential customer and not based solely on an entity’s or association’s status as a firearm entity or firearm trade association, (b) ‘firearm entity,’ a term defined in Section 2274.001(6), Texas Government Code (as enacted by such Senate Bill), means a manufacturer, distributor, wholesaler, supplier, or retailer of firearms (defined in Section 2274.001(4), Texas Government Code, as enacted by such Senate Bill, as weapons that expel projectiles by the action of explosive or expanding gases), firearm accessories (defined in Section 2274.001(5), Texas Government Code, as enacted by such Senate Bill, as devices specifically designed or adapted to enable an individual to wear, carry, store, or mount a firearm on the individual or on a conveyance and items used in conjunction with or mounted on a firearm that are not essential to the basic function of the firearm, including detachable firearm magazines), or ammunition (defined in Section 2274.001(1), Texas Government Code, as enacted by such Senate Bill, as a loaded cartridge case, primer, bullet, or propellant powder with or without a projectile) or a sport shooting range (defined in Section 250.001, Texas Local Government Code, as a business establishment, private club, or association that operates an area for the discharge or other use of firearms for silhouette, skeet, trap, black powder, target, self-defense, or similar recreational shooting), and (c) ‘firearm trade association,’ a term defined in Section 2274.001(7), Texas Government Code (as enacted by such Senate Bill), means any person, corporation, unincorporated association, federation, business league, or business organization that (i) is not organized or operated for profit (and none of the net earnings of which inures to the benefit of any private shareholder or individual), (ii) has two or more firearm entities as members, and (iii) is exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, as an organization described by Section 501(c) of that code. 4.19. Form 1295. Submitted herewith is a completed Form 1295 generated by the Texas Ethics Commission's (the "TEC") electronic filing application in accordance with the provisions of Section 2252.908 of the Texas Government Code and the rules promulgated by the TEC (the "Form 1295"). The City hereby confirms receipt of the Form 1295 from the Developer, and the City agrees to acknowledge such form with the TEC through its electronic filing application system not later than the 30th day after the receipt of such form. The Parties understand and agree that, with the exception of information identifying the City and the contract identification number, Improvement Area #1 Reimbursement Agreement AnaCapri Public Improvement District Page 16 neither the City nor its consultants are responsible for the information contained in the Form 1295; that the information contained in the Form 1295 has been provided solely by the Developer; and, neither the City nor its consultants have verified such information. [Execution pages follow.] Improvement Area #1 Reimbursement Agreement AnaCapri Public Improvement District Page 17 CITY: CITY OF ANNA, TEXAS By: Name: Title: Date: Attest: By: City Secretary Approved as to form: By: City Attorney Improvement Area #1 Reimbursement Agreement AnaCapri Public Improvement District Page 18 DEVELOPER: AnaCapri Laguna Azure, LLC, a Wyoming limited liability company By: AI Revocable Trust, its member _____________________________________________ Armin Afzalipour, Trustee of the AI Revocable Trust Exhibit A FORM OF CERTIFICATE FOR PAYMENT The undersigned is an agent for AnaCapri Laguna Azure, LLC (“Developer”), and requests payment from the City of Anna, Texas (the “City”) out of the [Improvement Area #1 Project Fund (as defined in the Bond Indenture) / Improvement Area #1 Reimbursement Fund] in the amount of $_____ for labor, materials, fees, and/or other general costs related to the creation, acquisition, or construction of certain Improvement Area #1 Projects providing a special benefit to property within the AnaCapri Public Improvement District. Unless otherwise defined, any capitalized terms used herein shall have the meanings ascribed to them in the PID Reimbursement Agreement, AnaCapri Public Improvement District, effective ________ (the “Reimbursement Agreement”). In connection with the above referenced payment, Developer represents and warrants to the City as follows: 1. The undersigned is a duly authorized officer of Developer, is qualified to execute this Certificate for Payment Form on behalf of Developer, and is knowledgeable as to the matters set forth herein. 2. The payment requested for the below referenced Improvement Area #1 Projects has not been the subject of any prior payment request submitted for the same work to the City or, if previously requested, no disbursement was made with respect thereto. 3. The amount listed below is a true and accurate representation of the Improvement Area #1 Project Costs associated with the creation, acquisition, or construction of said Improvement Area #1 Projects and such costs: (a) are in compliance with the Reimbursement Agreement; and (b) are consistent with the Service and Assessment Plan. 4. Developer is in compliance with the terms and provisions of the Development Agreement, Developer Continuing Disclosure Agreement, Reimbursement Agreement and the Service and Assessment Plan. 5. Developer has timely paid all ad valorem taxes and annual installments of Assessments it owes or an entity Developer controls owes, located in the AnaCapri Public Improvement District and has no outstanding delinquencies for such Assessments. 6. All conditions set forth in the Bond Indenture for the payment hereby requested have been satisfied. 7. The work with respect to the Improvement Area #1 Projects referenced below (or its completed segment, section, or portion thereof) has been completed, and the City has inspected such Improvement Area #1 Projects. 8. Developer agrees to cooperate with the City in conducting its review of the requested payment, and agrees to provide additional information and documentation as is reasonably necessary for the City to complete said review. 9. No more than ninety-five percent (95%) of the budgeted or contracted hard costs for Improvement Area #1 Project Costs identified may be paid until the work with respect to such Improvement Area #1 Project Costs (or segment) has been completed and the City has accepted such Improvement Area #1 Project Costs (or segment). One hundred percent (100%) of soft costs (e.g., engineering costs, inspection fees and the like) may be paid prior to City acceptance of such Improvement Area #1 Projects Costs (or segment) 10. The Developer confirms that based on all prior amounts paid to Developer from the Improvement Area #1 Reimbursement Fund as of the date of this Certification for Payment and based on the percentage of completion of the Improvement Area #1 Project Costs as of the date of this Certification for Payment as verified by the City payment of the amounts requested in this Certification for Payment, taking into account all prior payments for the Improvement Area #1 Project Costs and the amount of work related to the Improvement Area #1 Project Costs remaining to be completed as of the date of this Certification for Payment will not cause the amounts on deposit in the Improvement Area #1 Reimbursement Fund to fall below the amount necessary to complete the remaining Improvement Area #1 Project Costs taking into account the amounts available to the Developer under its private loan, a line of credit and/or any other form acceptable to the City. Payments requested are as follows: a. X amount to Person or Account Y for Z goods or services. b. Payment / Wire Instructions Attached hereto are true and correct invoices, cancelled checks, detailed receipts, purchase orders, change orders, and similar instruments which support and validate the above requested payments. Also attached hereto are "bills paid" affidavits and supporting documentation in the standard form for City construction projects. Pursuant to the Reimbursement Agreement, after receiving this payment request, the City has inspected the Authorized Improvements (or completed segment) and confirmed that said work has been completed in accordance with approved plans and all applicable governmental laws, rules, and regulations. I hereby declare that the above representations and warranties are true and correct. [remainder of page left blank intentionally] DEVELOPER: AnaCapri Laguna Azure, LLC, a Wyoming limited liability company By: AI Revocable Trust, its member ____________________________________________ Armin Afzalipour, Trustee of the AI Revocable Trust APPROVAL OF REQUEST BY CITY The City is in receipt of the attached Certificate for Payment, acknowledges the Certificate for Payment, acknowledges that the Improvement Area #1 Projects (or its completed segment) covered by the certificate have been inspected by the City, and otherwise finds the Certificate for Payment to be in order. After reviewing the Certificate for Payment, the City approves the Certificate for Payment and directs _____________, as Trustee for the Improvement Area #1 Bonds, to make such payments from the Improvement Area #1 Project Fund to Developer or to any person designated by Developer. CITY OF ANNA, TEXAS By: Name: Title: Date: Exhibit B FORM OF CLOSING DISBURSEMENT REQUEST The undersigned is an agent for AnaCapri Laguna Azure, LLC (“Developer”) and requests payment to Developer (or to the person designated by Developer) from the applicable account of the Improvement Area #1 Project Fund from __________ (the “Trustee”) in the amount of _______________ ($__________) to be transferred from the applicable account of the Improvement Area #1 Project Fund upon the delivery of the Improvement Area #1 Bonds for costs incurred in the establishment, administration, and operation of AnaCapri Public Improvement District (the “District”) and costs associated with the issuance of Improvement Area #1 Bonds, as follows. Unless otherwise defined, any capitalized terms used herein shall have the meanings ascribed to them in the Indenture of Trust by and between the City and the Trustee dated as of ________ (the “Indenture”) relating to the [________________________] (the “Improvement Area #1 Bonds”). In connection with the above referenced payment, Developer represents and warrants to the City as follows: 1. The undersigned is a duly authorized officer of Developer, is qualified to execute this Closing Disbursement Request on behalf of Developer, and is knowledgeable as to the matters set forth herein. 2. The payment requested for the below referenced establishment, administration, and operation of the District at the time of the delivery of the Improvement Area #1 Bonds have not been the subject of any prior payment request submitted to the City. 3. The amount listed for the below costs is a true and accurate representation of the Improvement Area #1 Project Costs associated with the establishment, administration and operation of the District at the time of the delivery of the Improvement Area #1 Bonds, and such costs are in compliance with the Service and Assessment Plan. 4. The Developer is in compliance with the terms and provisions of the Reimbursement Agreement, the Bond Indenture, and the Service and Assessment Plan. 5. All conditions set forth in the Indenture and the Reimbursement Agreement for the payment hereby requested have been satisfied. 6. The Developer agrees to cooperate with the City in conducting its review of the requested payment, and agrees to provide additional information and documentation as is reasonably necessary for the City to complete said review. Payments requested hereunder shall be made as directed below: [Information regarding Payee, amount, and deposit instructions attached] I hereby declare that the above representations and warranties are true and correct. DEVELOPER: AnaCapri Laguna Azure, LLC, a Wyoming limited liability company By: AI Revocable Trust, its member ___________________________________________ Armin Afzalipour, Trustee of the AI Revocable Trust APPROVAL OF REQUEST BY CITY The City is in receipt of the attached Closing Disbursement Request, acknowledges the Closing Disbursement Request, and finds the Closing Disbursement Request to be in order. After reviewing the Closing Disbursement Request, the City approves the Closing Disbursement Request and directs payment to be made from Costs of Issuance Account upon delivery of the Improvement Area #1 Bonds. CITY OF ANNA, TEXAS By: Name: Title: Date: