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HomeMy WebLinkAboutCCpkt2023-05-09 AGENDA City Council Meeting Tuesday, May 9, 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 05/09/2023 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. Recognition of Leadership Anna Class IV (Interim City Manager Ryan Henderson) b. Recognize February, March, and April We Notice! Recognition Designees. (Community Enhancement Coordinator Olivia Demings) 5. 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 the City Council Meeting Minutes for April 25, 2023. (City Secretary Carrie Land) b. Review minutes of the April 3, 2023 Planning & Zoning Commission Meeting. (Planning Manager Lauren Mecke) c. Approve a Resolution regarding the Affi Addition, Block A, Lot 2-R, Replat. (Planning Manager Lauren Mecke) d. Approve a Resolution regarding the Affi Addition, Block A, Lot 2-R, Site Plan. (Planning Manager Lauren Mecke) e. Approve a Resolution regarding the Anna Christian Fellowship Addition, Block A, Lot 1, Final Plat. (Planning Manager Lauren Mecke) f. Approve a Resolution regarding the Anna Municipal Complex Addition, Block A, Lot 1, Replat. (Planning Manager Lauren Mecke) g. Approve a Resolution regarding the Arden Park Phase I, Final Plat. (Planning Manager Lauren Mecke) h. Approve a Resolution regarding the Arden Park Phase I, Site Plan. (Planning Manager Lauren Mecke) i. Approve a Resolution regarding the Goolsby Addition, Block A, Lot 1, Final Plat. (Planning Manager Lauren Mecke) j. Approve a Resolution regarding the Leonard Trails Phase 1, Preliminary Plat. (Planning Manager Lauren Mecke) k. Approve a Resolution regarding the Parks at Hurricane Creek, Preliminary Plat. (Planning Manager Lauren Mecke) l. Approve a Resolution regarding the DP McKinney RV Park Addition, Block A, Lot 1, Development Plat. (Planning Manager Lauren Mecke) m. Approve a Resolution regarding the Twin Creeks Addition, Block A, Lot 50R, Final Plat. (Planning Manager Lauren Mecke) n. Approve a Resolution regarding the Waters Creek, Block B, Lot 1, Final Plat. (Planning Manager Lauren Mecke) 6. Items For Individual Consideration. a. Consider/Discuss/Action on adding local option property tax exemptions for FY2024. (Budget Manager Terri Doby) b. Hackberry Drive (Interim City Manager Ryan Henderson) I. Consider/Discuss/Action on an Ordinance Amending the FY2023 Roadway Impact Fees Fund and Water Impact Fees Fund budgets. II. Consider/Discuss/Action to approve a Resolution for the City Manager to execute a contract with 308 Construction to construct Hackberry Lane between Highway 5 and Bamborough Dr. c. Consider/Discuss/Action Approve Resolution for the City Manager to sign an agreement with Grantham & Associates approving the design for the Slater Creek Water line. (CIP Manager Justin Clay) d. Consider/Discuss/Action to enter into an Agreement with Birkhoff, Hendricks, and Carter, LLC for the engineering design of the Twin Creek Circle Water Main Rehabilitation project. (CIP Manager Justin Clay) e. Consider/Discuss/Action to enter into an Agreement with Grantham & Associates for the Engineering and Design of the Quail Creek Run Water Main Rehabilitation. (CIP Manager Justin Clay) f. Acting as the Anna Public Facility Corporation Board of Directors, Consider/Discuss/Action on approving a Memorandum of Understanding with JPI Real Estate Acquisition II, LLC for a multifamily project. (Director of Economic Development Joey Grisham) 7. Future Agenda Items. a. Consider/Discuss/Action on a Work Session Item for Future Agenda: Senior Transit (Councilman Lee Miller) 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. 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. This is to certify that I, Jeovanna Rubio, Deputy 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 05/05/2023. ___________________________________ Jeovanna Rubio, Deputy City Secretary Item No. 4.a. City Council Agenda Staff Report Meeting Date: 5/9/2023 Staff Contact: Carrie Land AGENDA ITEM: Recognition of Leadership Anna Class IV (Interim City Manager Ryan Henderson) SUMMARY: Leadership Anna is a, Six-week program presented by the Greater Anna Chamber of Commerce, held once a year. Community focused sessions are 3 hours long, once a week ending with a graduation. Each session explores leadership dynamics, social service organizations, economic development, educational, leisure, public safety, Anna’s government, and health services. Each member will work with their class building on and using their leadership skills to complete a class project that will benefit the Anna Community. Leadership Anna is offered to any interested citizen who lives or works in Anna, or is a member of the Greater Anna Chamber. The purpose of Leadership Anna is to bring together emerging community and business leaders to encourage them to learn about, to question, to dream about, and to care for their community. Applications are being accepted through Feb. 17, 2023 and the sessions run March 2nd - April 13th. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: Class IV will have completed their session and as part of their graduation we would like to request that their certificate/plaques be presented to them at a council meeting, following their final session on April 13th. STRATEGIC CONNECTIONS: This item has no strategic connection. ATTACHMENTS: Item No. 4.b. City Council Agenda Staff Report Meeting Date: 5/9/2023 Staff Contact: Olivia Demings AGENDA ITEM: Recognize February, March, and April We Notice! Recognition Designees. (Community Enhancement Coordinator Olivia Demings) SUMMARY: Staff will recognize February, March, and April. We Notice! Property of the Month Designees FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: This program began in 2022 as a way to highlight property owners who have gone the extra mile to show pride in their property and in turn create a more beautiful community. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Neighborly. ATTACHMENTS: Item No. 5.a. City Council Agenda Staff Report Meeting Date: 5/9/2023 Staff Contact: Carrie Land AGENDA ITEM: Approve the City Council Meeting Minutes for April 25, 2023. (City Secretary Carrie Land) SUMMARY: Approval of the City Council Meeting Minutes for April 25, 2023. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: Approval of the City Council Meeting Minutes for April 25, 2023. STRATEGIC CONNECTIONS: This item has no strategic connection. ATTACHMENTS: 1. CCmin2023-04-25 Regular City Council Meeting Meeting Minutes Tuesday, April 25, 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 04/25/2023 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 6:00 PM. Members Present: Mayor Nate Pike Mayor Pro Tem Lee Miller Deputy Mayor Pro Tem Randy Atchley Council Member Kevin Toten Council Member Stan Carver Council Member Danny Ussery Council Member Pete Cain Members Absent: None 2. Invocation and Pledge of Allegiance. Council Member Carver led the Invocation and Mayor Pike led the Pledge of Allegiance. 3. Neighbor Comments. Justin Inesta spoke in support of Officer Community Engagement. 4. Reports. a. Recognition of Anna Police Explorer Post #8200 (Police Lieutenant Josh Devore) On Saturday, March 25, the Anna Police Explorers traveled to Houston to compete in the 3rd Annual Houston Police Department Space City Explorer Competition. Anna Explorer Post #8200 took two teams of Explorers to the competition. Both Anna teams competed in four different scenarios, meaning that Anna PD competed in a total of eight different scenarios. Anna PD competed in the following scenarios: 1. Active Shooter 2. Burglary in Progress 3. Traffic Accident Investigation 4. Bomb Threat 5. Felony Traffic Stop 6. Domestic Disturbance 7. APOWW- Mentally Unstable Person 8. Intoxicated Driver Each team placed in three of the four scenarios they competed in, meaning Anna placed six out of eight total scenarios: 1st place in Burglary in Progress 2nd place in Active Shooter 2nd place in Bomb Threat 2nd place in Intoxicated Driver 2nd place in Mentally Unstable Person 3rd place in Domestic Violence (This was a three-way tie for 1st place with the deciding factor being the overall time it took the teams to complete the scenario) 5. Work Session. a. Discuss Property Tax Exemptions. (Budget Manager Terri Doby) Prior to FY2023, the City of Anna offered a $30,000 exemption in the Over 65 category. In June of 2022, a 1% ($5,000 minimum) Homestead Exemption was added. All real and tangible personal property located in the state is taxable unless an exemption is required or permitted by the Texas Constitution. Local taxing units can offer a variety of partial or total exemptions from property appraised values. Local option exemptions are one way for cities to lower the property tax bill of their residents. 6. Consent Items. MOTION: Council Member Toten moved to approve Items 6.a.-d. Council Member Ussery seconded. Motion carried 7-0. a. Approve the City Council Meeting Minutes for April 11, 2023. (City Secretary Carrie Land) b. Review Minutes of the March 8, 2023, Joint Community Development Corporation and Economic Development Corporation Board Meetings. (Director of Economic Development Joey Grisham) c. Review Minutes for the March 20, 2023 Parks Advisory Board Meeting. (Assistant Director of Neighborhood Services Jeff Freeth) d. Review Monthly Financial Report for the Month Ending March 31, 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 March 31, 2023. Enclosed in 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. 7. Items For Individual Consideration. a. Conduct a Public Hearing/Consider/Discuss/Action on an amendment to uphold, amend, supplement, change, modify or repeal a Specific Use Permit granted under Ord. No. 1014-2022 to allow a Metering Station on one lot on 0.6± acre located on the north side of future Rosamond Parkway, 995± feet west of County Road 368. Zoned: Planned Development (Ord. No. 932-2021). (Director of Development Services Ross Altobelli) At their March 14, 2023 meeting, City Council voted to call a public hearing to consider an amendment to either uphold, amend, supplement, change, modify or repeal a Specific Use Permit granted under Ord. No. 1014-2022 to allow a Metering Station. Zoned: Planned Development (Ord. No. 932- 2021). The purpose of the metering station is a facility at which natural gas flows are regulated and recorded and/or modified. This location is along an existing Atmos-owned gas line/facilities easement. At the April 3, 2023 Planning and Zoning Commission meeting the Commission voted unanimously (6-0) to recommend repeal of the Specific Use Permit. Mayor Pike opened the public hearing at 6:27 PM. Kylee Kelley, Jeff Beckham, Ryan Teichman, Kelly Teichman, Richard Espinoza, Ted Hout, Mike Archer, Tom Longmire, Sydney Beckham, Blake Branson, Stuart Brown, and Jennifer Richardson spoke in opposition to the atmos metering station. Phileman Walker, Brian Marinas, Abannaya Inyama, Charles Yakum, Ted and Kim Hoyt also sent in their opposition to the atmos metering station. Mayor Pike closed the public hearing at 7:42 PM. MOTION: Council Member Toten moved to take no action. Council Member Cain seconded. Motion carried 3-4. Motion Failed. Council Member Carver, Mayor Pro Tem Miller, Council Member Atchley, and Council Member Ussery opposed. Mayor Pike recessed at 8:23 PM. Mayor Pike reconvened at 8:35 PM. MOTION: Mayor Pro Tem Miller moved to amend Ordinance No 1014-2022 to state that nothwistanding any provision of the ordinance or any attachments to the ordinance, the ordinance and SUP will only allow a metering station, and not include an odorizer or associated gas storage tank. Council Member Atchley seconded. Motion carried 4-3. Council Member Toten, Mayor Pike, and Council Member Cain opposed. b. Acting as the Anna Public Facility Corporation Board of Directors, Consider/Discuss/Act on approving: (a) Memorandum of Understanding with Liberty Multifamily, Inc. for a Senior Living Multifamily Project; and, (b) Resolutions approving the formation of entities--along with corresponding LLC Agreements--to serve in the following capacities in connection with the project: (i) APFC Reserve at Anna GP, LLC, to serve as general partner of a to-be formed partnership that will own and develop the Project; (ii) APFC Reserve at Anna Holdings, LLC, to acquire and hold fee title to the land upon which the Project will be constructed and to enter into a ground lease with the Partnership; and (iii) APFC Reserve at Anna Development, LLC, to serve as co-developer on the Project. (Director of Economic Development Joey Grisham) Liberty Multifamily approached staff in 2022 to discuss the development of a 200-unit Senior Living project and the PFC Board approved a Resolution declaring the intent to issue bonds for the project. Liberty has secured their bond allocation and is ready to move forward on the project. Staff recommends approval of the MOU and corresponding Resolutions. The Anna PFC Board approved a Resolution in October 2022 to declare the intent to issue Multifamily Mortgage Revenue Bonds or Notes with respect to The Reserve Senior Living in an amount not to exceed $32,000,000. The next step in the process is approval of the attached MOU and other resolutions for the formation of entities. These are very similar to those approved for the Palladium East Foster Crossing and Parmore Anna Senior Living projects. LIberty will also be seeking to annex the property located at the intersection of SH 121 and FM 2862 into the city and zone accordingly. MOTION: Mayor Pro Tem Miller moved to approve. Council Member Carver seconded. Motion carried 6-0-1. Mayor Pike abstained. RESOLUTION AUTHORIZING THE FORMATION OF APFC RESERVE AT ANNA GP, LLC, AS GENERAL PARTNER (THE “COMPANY”) TO , IN CONNECTION WITH THE ANNA PUBLIC FACILITY CORPORATION MULTIFAMILY HOUSING REVENUE BONDS (THE RESERVE AT ANNA), SERIES 2023; AUTHORIZING THE DESIGNATION OF THE CORPORATION AS THE SOLE MEMBER OF THE COMPANY; APPROVING THE FORM AND SUBSTANCE OF A LIMITED LIABILITY COMPANY AGREEMENT AND THE EXECUTION THEREOF; RATIFYING CERTAIN ACTIONS HERETOFORE TAKEN IN CONNECTION WITH THE COMPANY; AUTHORIZING THE EXECUTION OF DOCUMENTS AND INSTRUMENTS NECESSARY OR CONVENIENT TO CARRY OUT THE PURPOSES OF THIS RESOLUTION; AND CONTAINING OTHER PROVISIONS RELATING THERETO RESOLUTION AUTHORIZING THE FORMATION OF APFC RESERVE AT ANNA HOLDINGS, LLC (THE “GROUND LESSOR”) IN CONNECTION WITH THE ANNA PUBLIC FACILITY CORPORATION MULTIFAMILY HOUSING REVENUE BONDS (THE RESERVE AT ANNA), SERIES 2023; AUTHORIZING THE DESIGNATION OF THE ANNA PUBLIC FACILITY CORPORATION (THE “CORPORATION”) AS THE SOLE MEMBER OF THE GROUND LESSOR; APPROVING THE FORM AND SUBSTANCE OF A LIMITED LIABILITY COMPANY AGREEMENT AND THE EXECUTION THEREOF; RATIFYING CERTAIN ACTIONS HERETOFORE TAKEN IN CONNECTION WITH THE GROUND LESSOR; AUTHORIZING THE EXECUTION OF DOCUMENTS AND INSTRUMENTS NECESSARY OR CONVENIENT TO CARRY OUT THE PURPOSES OF THIS RESOLUTION; AND CONTAINING OTHER PROVISIONS RELATING THERETO RESOLUTION AUTHORIZING THE FORMATION OF APFC RESERVE AT ANNA DEVELOPMENT, LLC (THE “CO-DEVELOPER”) IN CONNECTION WITH THE ANNA PUBLIC FACILITY CORPORATION MULTIFAMILY HOUSING REVENUE BONDS (THE RESERVE AT ANNA), SERIES 2023; AUTHORIZING THE DESIGNATION OF THE ANNA PUBLIC FACILITY CORPORATION AS THE SOLE MEMBER OF THE CO-DEVELOPER; APPROVING THE FORM AND SUBSTANCE OF A LIMITED LIABILITY COMPANY AGREEMENT AND THE EXECUTION THEREOF; RATIFYING CERTAIN ACTIONS HERETOFORE TAKEN IN CONNECTION WITH THE CO-DEVELOPER; AUTHORIZING THE EXECUTION OF DOCUMENTS AND INSTRUMENTS NECESSARY OR CONVENIENT TO CARRY OUT THE PURPOSES OF THIS RESOLUTION; AND CONTAINING OTHER PROVISIONS RELATING THERETO c. Consider/Discuss/Action on a Resolution authorizing the City Manager to execute Purchase Orders not to exceed $345,000 to Wopac Construction under the Collin County Purchasing Cooperative contract. (Interim Director of Public Works Steven Smith) Anna Neighbors approved the implementation of a Street Maintenance Sales Tax, which makes up a quarter percent of the sales tax rate. These funds are dedicated to street maintenance projects. Projects are completed annually based on street conditions and available funding. The majority of the funding is used to rehabilitate aging asphalt roadways in downtown Anna and on County Roads, which become the responsibility of the City to maintain. This item is for the City of Anna's annual Street Maintenance Sales Tax projects. This fiscal year project list includes the following streets: - Easton (Full Depth Reclamation) - West 5th Street (Full Depth Reclamation) - East 6th Street (Full Depth Reclamation ) As a member of the Collin County Purchasing Cooperative, the City of Anna is able to receive contract pricing through the existing County contract, resulting in better unit prices and cost savings. The City is utilizing the existing contract by and between Wopac Construction, Incorporated and Collin County for General Road Maintenance. Staff included $24,000 in contingency funds in the proposed project budget, for a total project budget of $345,000. Remaining funds will be allocated to future Street Maintenance Tax projects. MOTION: Council Member Toten moved to approve. Mayor Pro Tem Miller seconded. Motion carried 7-0. A RESOLUTION OF THE CITY OF ANNA, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE PURCHASE ORDERS FOR THE RECONSTRUCTION OF EASTON, W. FIFTH STREET, AND E. SIXTH STREET TO WOPAC CONSTRUCTION, INCORPORATED IN THE AMOUNT NOT TO EXCEED THREE HUNDRED FOURTYFIVE THOUSAND DOLLARS ($345,000); AND PROVIDING FOR AN EFFECTIVE DATE. d. Finley Boulevard (Interim City Manager Ryan Henderson) I. Consider/Discuss/Action on an Ordinance Amending the FY2023 Roadway Impact Fees Fund Budget. II. Consider/Discuss/Action a Resolution authorizing the City Manager to execute a project-specific Purchase Order with HALFF Associates in an amount not exceeding $90,000 for the Design of Finley Blvd. from Sharp Street to the DART Rail line. The item for this roadway improvement comes from a recommendation from staff to help alleviate the backup and constraints experienced by the neighbors in Anna Town Square. With regards to the budget amendment, the FY2023 Budget was adopted by the City Council on September 13, 2022. According to the City Charter, the City Council may, by the affirmative vote of a majority of the full membership of the City Council, amend or change the budget to provide for any additional expense in which the general welfare of the citizenry is involved. Halff & Associates have put together a proposal for the design of East Finley Blvd. The design includes two extra lanes approximately 250 feet east of Powell Pkwy to the intersection of Sharp St. Improvements include roadway paving, drainage, sidewalks, pedestrian ramps, signage in pavement markings. A budget amendment would need to be approved to fund the design work for the following purposes: Finley Blvd (Design) ($90,000): This amendment will provide funding for the design of Finley Blvd. Construction costs will be budgeted in the FY2024 Community Investment Program budget. MOTION: Council Member Cain moved to approve Item 7.d.I. Council Member Toten seconded. Motion carried 7-0. 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. MOTION: Mayor Pike moved to approve Item 7.d.II. Council Member Toten seconded. Motion carried 7-0. A RESOLUTION OF THE CITY OF ANNA, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR PROFESSIONAL SERVICES, IN A FORM APPROVED BY THE CITY ATTORNEY WITH HALFF & ASSOCIATES INCORPORATED, FOR THE ENGINEERING DESIGN OF FINLEY BLVD IN THE AMOUNT NOT TO EXCEED NINETY THOUSAND DOLLARS AND ZERO CENT ($90,000.00); AND PROVIDING FOR AN EFFECTIVE DATE e. Consider/Discuss/Action on a Resolution accepting the FY 2022 Audit Report. (Finance Director Alan Guard) The City is required by the Charter to complete an annual independent audit of all accounts by an outside certified public accountant. The City Council has retained Weaver and Tidwell, LLP for that purpose. This item is a resolution to take action to accept the audit report completed by the accounting firm Weaver and Tidwell, LLP. The City is currently in the fourth year of a contract with Weaver and Tidwell to prepare the audit and Annual Comprehensive Financial Report (the Annual Report). MOTION: Mayor Pro Tem Miller moved to approve. Council Member Atchley seconded. Motion carried 7-0. A RESOLUTION ACCEPTING THE FISCAL YEAR 2022 FINANCIAL AUDIT OF THE CITY OF ANNA. f. Consider/Discuss/Action on an Ordinance Permitting and Regulating the use of Golf Carts within the City of Anna. (Police Chief Dean Habel) Council expressed their desire to have an ordinance brought before them allowing for the operation, registration, and permitting of golf carts within the City of Anna. The proposed ordinance outlines driver, operation, and equipment requirements for golf cart usage within the city. It requires the owner of the golf cart to apply for a one-time, non-transferable, registration through the police department and display an issued set of decals to be in compliance. There is no associated fee in the current draft of the ordinance. MOTION: Council Member Toten moved to approve. Council Member Atchley seconded. Motion carried 7-0. AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE CODE OF ORDINANCES, CITY OF ANNA, TEXAS BY AMENDING CHAPTER 11 “TRAFFIC AND VEHICLES,” ARTICLE 11.02 BY ADDING A NEW ARTICLE 11.04, “GOLF CARTS”; ALLOWING GOLF CART USE ON CERTAIN PUBLIC STREETS, ESTABLISHING PERMITTING AND SAFETY REQUIREMENTS FOR GOLF CARTS, PROVIDING FOR CERTAIN EXCEPTIONS APPLICABLE TO PUBLIC SAFETY PERSONNEL, PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. 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). 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. Approved on the 9th day of May 2023 ______________________________ ATTEST: Mayor Nate Pike ______________________________ City Secretary Carrie L. Land Item No. 5.b. City Council Agenda Staff Report Meeting Date: 5/9/2023 Staff Contact: Lauren Mecke AGENDA ITEM: Review minutes of the April 3, 2023 Planning & Zoning Commission Meeting. (Planning Manager Lauren Mecke) SUMMARY: Minutes from the April 3, 2023 Planning & Zoning Commission Meeting. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Planning & Zoning Commission approved the minutes at the May 1, 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. 04-03-2023 PZ Minutes (Signed) Item No. 5.c. City Council Agenda Staff Report Meeting Date: 5/9/2023 Staff Contact: Lauren Mecke AGENDA ITEM: Approve a Resolution regarding the Affi Addition, Block A, Lot 2-R, Replat. (Planning Manager Lauren Mecke) SUMMARY: Automotive repair, major on one lot on 2.1± acres located at the southeast corner of W. White Street and Standridge Boulevard (CR 286). Zoned: I-1 Light Industrial. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Replat 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. Affi Addition, Block A, Lot 2-R Replat Locator Map 2. RESOLUTION - (R) AFFI ADDITION, BLOCK A, LOT 2-R 3. Exhibit A (STAMPED) - (RP) Affi Addition, Block A, Lot 2-R S S H A D Y B R O OKTRL W WHITE ST S CENTRAL EXPYCOUNTYROAD286SS T A N D R ID G E B L V D US HIGHWAY 75Copyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 300 600150 Feet April 2023 H:\Notification Maps\Notification Maps\ Replat - Affi Addition, Block A, Lot 2-R CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AFFI ADDITION, BLOCK A, LOT 2-R, REPLAT. 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, VRD at Anna, LLC has submitted an application for the approval of Affi Addition, Block A, Lot 2-R, Replat; WHEREAS, Affi Addition, Block A, Lot 2-R, Replat conforms to the existing zoning; 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 Replat The City Council hereby approves Affi Addition, Block A, Lot 2-R, Replat 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 9th day of May, 2023. ATTEST: APPROVED: _____________________________ ____________________________ City Secretary, Carrie L. Land Mayor, Nate Pike LOT 2-R2.054 ACRES(89,482 SQ. FT.)W. WHITE STREET (FM 455)CR 286 S 88°43'34" W 201.82'N 01°48'53" W 435.69'N 88°33'27" E 73.09'S 00°55'43" E 436.63'20' LANDSCAPE ESMNT 25' DRAINAGE AND U.E.(120' R.O.W.) DOC.NO. 20120119010000120 PROPOSED 120' R.O.W.DOC. NO. 2012011901000012050' BUILDING LINEREMAINDER 35' D.E. & ACCESS ESMT DOC.NO. 20120119010000120 24' CROSSACCESS & FIRELANE ESMNT12" IRPTAGGED 525879.14'CARLEO ADDITIONLOT 1, BLK ACABINET O, SLIDE 123O.P.R.C.C.T.39.06'60.0'CL CL120.0'60.0'REPLAT AFFI ADDITIONLOT 1-R-1DOC #20120119010000120P.R.C.C.T.ZONING C-2VARIABLE WIDTHFIRE LANE ESMNT(MINIMUM 24' WIDTH)25' BUILDING LINE 5' PEDESTRIAN ESMNTPROPOSED DETENTION POND35' ACCESS ESMNT(VOL. 5321, PG 6811)ABANDONED BYDOC #: 2022041900062882010' SANITARY SEWER ESMNT VARIABLE WIDTH DRAINAGE ESMNTL39L401 8 . 2 8 'L4236.00'120.0'20' ELECTRICAL EASEMENT TOBE FINALIZED WITH ELECTRICALPROVIDER AT A LATER DATE5' LANDSCAPESETBACK24' CROSS ACCESS &FIRE LANE EASEMENTTO BE ABANDONED(0.115 ACRES)10' WIDE PUBLIC WATER ESMNT10' PUBLIC WATER ESMNTP.O.B.5'X10' WATER EASEMENT115.73'ORIGINAL CORNER OF LOT 1-R-1REPLAT OF AFFI ADDITIONDOC. #20120119010000120P.R.C.C.T.VAM ESMNTTHREE20' U.E. & LANDSCAPE ESMNT91.05'L 3 7 38.40'36.45'L 6 4 4 9 . 5 5 'VAM ESMNTTWOVAM ESMNTONE7.19'N 88°24'53" E 135.48'2.17'12.83'L38VAMESMNTFOURVAMESMNTFOURUS HWY 75 WHITE STWHITE STCR 286 STANDRIDGE BLVDCR 386SITE LOCATIONUS HWY 75 C1C 2 C3C4 C5 C8 C9C1 0C11 L46L48L49 C6L7L525.00'N 88°11'07" E10.00'L55L56VARIABLE WIDTHDRAINAGE ESMNTL57L58L59L53L54L62L63N 88°24'53" E29.28'S 01°00'46" E 52.40'S 00°55'43" E 192.82'S 89°04'00" W54.15'N 01°48'53" W24.00'N 89°04'17" E36.67'S 89°03'58" W49.17'N 00°55'43" W 156.89'S 01°00'46" E 51.34'C7L4L10L12VARIABLE WIDTHFIRE LANE ESMNTN 14°1 2 ' 1 8 " E 1 7 1 . 3 7 'S 00°55'43" E 76.61'S 14°1 2 ' 1 8 " W 6 8 . 2 2 'S 00°55'43" E 20.00'N 72°31'48" W20.03'N 4 3 ° 2 2 ' 1 9 " E 3 5 . 2 4 'N 88°33'27" E25.00'25.00'N 01°48'53" WVAM ESMNTTHREE5X10' WATER ESMNTN 01°48'53" W25.00'N 89°04'26" E25.00'N 4 3 ° 3 7 ' 5 9 " E 3 5 . 0 8 'N 01°48'53" W25.00'S 46°22'12" E35.63'N 89°04'25" E25.00'VAM ESMNTTWOVAM ESMNTONES 00°00'00" E 117.20'N 00°00'00" W 113.02'N 01°48'53" W10' WIDE PUBLICWATER ESMNTL65L66L67L68L69L7020' ELECTRICAL EASEMENT TO BEFINALIZED WITH ELECTRICALPROVIDER AT A LATER DATEVAM ESMNTFOURN 88°24'53" E25.12'S 01°00'46" E25.00'N 46°25'51" W35.26'N 88°24'53" E14.82'S 2 9 ° 2 9 ' 1 8 " W 29 . 1 9 'N 01°00'46" W25.00'LEGEND1/2" IRON ROD SET1/2" IRON ROD FOUND (UNLESS NOTED)RIGHT OF WAYCONTROLLING MONUMENTC.M.REPLAT OF AFFI ADDITIONLOT 2-R, BLOCK AGROSS 2.054 ACRESRECORDED IN DOCUMENT#20220419000628790OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXASCITY OF ANNA, COLLIN COUNTY,TEXAS; THOMAS RATTAN SURVEY,ABSTRACT NO. 782STATE OF TEXAS COUNTY OF COLLINWHEREAS SAHI-ANTOINE LLC & CALDOR CORPORATION ARE THE OWNERSOF A TRACT OF LAND IN THE CITY OF ANNA, COLLIN COUNTY, TEXAS, BEINGDESCRIBED AS FOLLOWS:BEING A 2.054 ACRE TRACT OF LAND OUT OF THE THOMAS RATTAN SURVEY, ABSTRACT NO. 782, LOCATED IN THE CITY OFANNA, COLLIN COUNTY, TEXAS, SAME BEING ALL OF LOT 2-R, BLOCK A, REPLAT AFFI ADDITION, SUBDIVISION OF RECORD INDOCUMENT NO. 20220419000628790 OF THE OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS, SAID 2.054 ACRETRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:BEGINNING, AT A FOUND ½ INCH IRON ROD SITUATED AT THE INTERSECTION OF THE SOUTHERLY RIGHT OF WAY LINE OF FM455 AND THE EASTERLY RIGHT OF WAY LINE OF COUNTY ROAD 286 (HURRICANE CREEK BOULEVARD), MARKING THENORTHWESTERLY CORNER OF LOT 2-R OF SAID REPLAT AFFI ADDITION AND THE POINT OF BEGINNING OF THE HEREINDESCRIBED TRACT;THENCE, ALONG THE SOUTHERLY RIGHT OF WAY LINE OF FM 455, COMMON WITH THE NORTHERLY BOUNDARY LINE OF SAIDLOT 2-R, THE FOLLOWING COURSES AND DISTANCES:N 88° 33' 27" E, A DISTANCE OF 73.09 FEET TO A FOUND CAPPED 1/2 INCH IRON ROD;N 88° 24' 53" E, A DISTANCE OF 135.48 FEET TO A FOUND CAPPED 1/2 INCH IRON ROD, MARKING THE NORTHWESTERLYCORNER OF LOT 1-R-1 OF SAID REPLAT AFFI ADDITION, AND THE NORTHEASTERLY CORNER OF SAID LOT 2-R AND THE HEREINDESCRIBED TRACT;THENCE, S 00° 55' 43" E, LEAVING THE SOUTHERLY RIGHT OF WAY LINE OF FM 455, ALONG THE EASTERLY BOUNDARY LINE OFLOT 2-R, COMMON WITH THE WESTERLY BOUNDARY LINE OF SAID LOT 1-R-1, A DISTANCE OF 436.63 FEET TO A FOUNDCAPPED 1/2 INCH IRON ROD SITUATED IN THE NORTHERLY BOUNDARY LINE OF LOT 1, BLOCK A, CARLEO ADDITION,SUBDIVISION OF RECORD IN CABINET O, SLIDE 123 OF THE PLAT RECORDS OF COLLIN, TEXAS, MARKING THESOUTHWESTERLY CORNER OF LOT 1-R-1, AND THE SOUTHEASTERLY CORNER OF LOT 2-R AND THE HEREIN DESCRIBED TRACT;THENCE, S 88° 43' 34" W, ALONG THE SOUTHERLY BOUNDARY LINE OF SAID LOT 2-R, COMMON WITH THE NORTHERLYBOUNDARY LINE OF SAID LOT 1, BLOCK A, CARLEO ADDITION, A DISTANCE OF 201.82 FEET TO A FOUND ½ INCH IRON RODTAGGED “5258”, SITUATED IN THE EASTERLY RIGHT OF WAY LINE OF COUNTY ROAD 286 (HURRICANE CREEK BOULEVARD),MARKING THE SOUTHWESTERLY CORNER OF SAID LOT 2-R AND THE HEREIN DESCRIBED TRACT;THENCE, N 01° 48' 53" W, ALONG THE WESTERLY BOUNDARY LINE OF SAID LOT 2-R, COMMON WITH THE EASTERLY RIGHT OFWAY LINE OF COUNTY ROAD 286 (HURRICANE CREEK BOULEVARD), A DISTANCE OF 435.69 FEET TO THE POINT OFBEGINNING, CONTAINING AN AREA OF 2.054 ACRES OF LAND, MORE OR LESS.NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:THAT VRD AT ANNA, LLC ACTING HEREIN BY AND THROUGH ITS DULY AUTHORIZED OFFICERS, DOES HEREBY ADOPT THIS PLATDESIGNATING THE HEREIN ABOVE DESCRIBED PROPERTY AS REPLAT AFFI AN ADDITION TO THE CITY OF ANNA, TEXAS, ANDDOES HEREBY DEDICATE IN FEE SIMPLE, TO THE PUBLIC USE FOREVER, FOR THE PURPOSES INDICATED ON THIS PLAT. THESTREETS/ROADS AND EASEMENTS AS SHOWN THEREON.WITNESS MY HAND AT _____________, TEXAS, THIS THE ____ DAY OF _______________, 20____.____________________________________________________OWNER: VRD AT ANNA, LLC2911 TURTLE CREEK BLVD STE 700DALLAS, TX 75219-7120830-228-5788DOC. #20220419000628790BEFORE ME, A NOTARY PUBLIC, ON THIS DAY PERSONALLY APPEARED VRD AT ANNA, LLC, KNOWN TO ME TO BE THE PERSONWHOSE NAME IS SUBSCRIBED TO THE FOREGOING DOCUMENT.________________________________________________________NOTARY PUBLIC, STATE OF TEXASAPPROVED ON THIS THE ______ DAY OF _______________, 20____, BY THE CITYCOUNCIL, CITY OF ANNA, TEXAS._____________________________MAYOR____________________________CITY SECRETARYJOB # : 21VA005DATE OF PREPARATION: FEBRUARY 22, 2023SHEET 1 OF 1POINT OF BEGINNINGP.O.B.LOCATION MAP- NOT TO SCALEREASON FOR REPLAT:TO ABANDON THE 24' CROSS ACCESS EASEMENT ALONG THE NORTH END OF THEPROPERTY LINE, AND DEDICATE NEW EASEMENTS AND FIRE LANE ASSOCIATED WITHDEVELOPMENT.COLLIN COUNTY, TEXASR.O.W.KNOW ALL MEN BY THESE PRESENTS:THAT I, RICHARD A. GOODWIN, DO HEREBY CERTIFY THAT I PREPARED THIS PLAT AND THE FIELD NOTES MADE A PART THEREONFROM AN ACTUAL AND ACCURATE SURVEY OF THE LAND AND THAT THE CORNER MONUMENTS SHOWN THEREON WEREPROPERLY PLACED UNDER MY PERSONAL SUPERVISION IN ACCORDANCE WITH THE SUBDIVISION REGULATIONS OF THE CITYOF ANNA, TEXAS.WITNESS MY HAND AT _____________, TEXAS, THIS THE ______DAY OF _______________, 20____.______________________________________________RICHARD A. GOODWINREGISTERED PROFESSIONAL LAND SURVEYOR NO. 4069BEFORE ME, A NOTARY PUBLIC, ON THIS DAY PERSONALLY APPEARED SAM SARFANI, KNOWN TO ME TO BE THE PERSONWHOSE NAME IS SUBSCRIBED TO THE FOREGOING DOCUMENT.______________________________________________NOTARY PUBLIC, STATE OF TEXASUTILITY EASEMENTU.E.OFFICIAL PUBLIC RECORDSO.P.R.C.C.T.CENTERLINECLDRAINAGE EASEMENTD.E.EASEMENTESMNTACCESS EASEMENTTHE UNDERSIGNED DOES COVENANT AND AGREE THAT THE ACCESS EASEMENT MAY BE UTILIZED BY ANY PERSON OR THE GENERAL PUBLIC FOR INGRESS/EGRESS TO OTHERREAL PROPERTY, AND FOR THE PURPOSE OF GENERAL PUBLIC VEHICULAR AND PEDESTRIAN USE AND ACCESS, 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, ANDREPRESENTATIVES HAVING INGRESS, EGRESS, AND REGRESS IN, ALONG, UPON AND ACROSS SAID PREMISES.DRAINAGE AND DETENTION EASEMENTTHIS PLAT IS HEREBY ADOPTED BY THE OWNERS AND APPROVED BY THE CITY OF ANNA SUBJECT TO THE FOLLOWING CONDITIONS WHICH SHALL BE BINDING UPON THEOWNERS, THEIR HEIRS, GRANTEES AND SUCCESSORS: THE PORTION OF BLOCK 1, AS SHOWN ON THE PLAT IS CALLED DRAINAGE AND DETENTION EASEMENT. THE DRAINAGEAND DETENTION EASEMENT WITHIN THE LIMITS OF THIS ADDITION WILL REMAIN OPEN AT ALL TIMES AND WILL BE MAINTAINED IN A SAFE AND SANITARY CONDITION BY THEOWNERS OF THE LOT OR LOTS THAT ARE TRAVERSED BY OR ADJACENT TO THE DRAINAGE AND DETENTION EASEMENT. THE CITY WILL NOT BE RESPONSIBLE FOR THEMAINTENANCE AND OPERATION OF SAID EASEMENT OR FOR ANY DAMAGE TO PRIVATE PROPERTY OR PERSON THAT RESULTS FROM CONDITIONS IN THE EASEMENT, OR FORTHE CONTROL OF EROSION. NO OBSTRUCTION TO THE NATURAL FLOW OF STORM WATER RUN OFF SHALL BE PERMITTED BY CONSTRUCTION OF ANY TYPE OF BUILDING,FENCE, OR ANY OTHER STRUCTURE WITHIN THE DRAINAGE AND EETE3NTION EASEMENT AS HEREIN ABOVE DEFINED, UNLESS APPROVED BY THE CITY ENGINEER. PROVIDED,HOWEVER, IT IS UNDERSTOOD THAT IN THE EVENT IT BECOMES NECESSARY FOR THE CITY TO ERECT OR CONSIDER ERECTING ANY TYPE OF DRAINAGE STRUCTURE IN ORDERTO IMPROVE THE STORM DRAINAGE THAT MAY BE OCCASIONED BY THE CITY SHALL HAVE THE RIGHT TO ENTER UPON THE DRAINAGE AND DETENTION EASEMENT AT ANYPOINT, OR POINTS, TO INVESTIGATE, SURVEY OR TO ERECT, CONSTRUCT AND MAINTAIN ANY DRAINAGE FACILITY DEEMED NECESSARY FOR DRAINAGE PURPOSES. EACHPROPERTY OWNER SHALL KEEP THE DRAINAGE AND DETENTION EASEMENT CLEAN AND FREE OF DEBRIS, SILT, AND ANY SUBSTANCE WHICH WOULD RESULT IN UNSANITARYCONDITIONS OR OBSTRUCT THE FLOW OF WATER, AND THE CITY SHALL HAVE THE RIGHT OF INGRESS FOR THE PURPOSE OF INSPECTION AND SUPERVISION OFMAINTENANCE WORK BY THE PROPERTY OWNER TO ALLEVIATE ANY UNDESIRABLE CONDITIONS WHICH MAY OCCUR. THE NATURAL DRAINAGE THROUGH THE DRAINAGEAND DETENTION EASEMENT IS SUBJECT TO STORM WATER OVERFLOW AND NATURAL BANK EROSION TO ANY EXTENT WHICH CANNOT BE DEFINITELY DEFINED. THE CITYSHALL NOT BE HELD LIABLE FOR ANY DAMAGES OF ANY NATURE RESULTING FROM THE OCCURRENCE OF THEE NATURAL PHENOMENA, OR RESULTING FROM THE FAILURE OFANY STRUCTURE, OR STRUCTURES WITHIN THE EASEMENT.NOTICE: 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.VAM EASEMENTSTHE AREA OR AREAS SHOWN ON THE PLAT AS VAM (VISIBILITY, ACCESS AND MAINTENANCE) EASEMENTS ARE HEREBY GIVEN AND GRANTED TO THE CITY, ITS SUCCESSORSAND ASSIGNS, AS AN EASEMENT TO PROVIDE VISIBILITY, RIGHT OF ACCESS, AND MAINTENANCE UPON AND ACROSS SAID VAM EASEMENT. THE CITY SHALL HAVE THE RIGHT,BUT NOT THE OBLIGATION, TO MAINTAIN ANY AND ALL LANDSCAPING WITHIN THE VAM EASEMENT. SHOULD THE CITY EXERCISE THIS MAINTENANCE RIGHT, IT SHALL BEPERMITTED TO REMOVE AND DISPOSE OF ANY AND ALL LANDSCAPING IMPROVEMENTS, INCLUDING WITHOUT LIMITATION, ANY TREES, SHRUBS, FLOWERS, GROUND COVER,AND FIXTURES. THE CITY MAY WITHDRAW MAINTENANCE OF THE VAM EASEMENT AT ANY TIME. THE ULTIMATE MAINTENANCE RESPONSIBILITY FOR THE VAM EASEMENT SHALLREST WITH THE OWNERS. NO BUILDING, FENCE, TREE, SHRUB, 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 THE OBLIGATION, TO ADD ANY LANDSCAPEIMPROVEMENTS TO THE VAM EASEMENT, TO ERECT ANY TRAFFIC CONTROL DEVISES OR SIGNS ON THE VAM EASEMENT AND TO REMOVE ANY OBSTRUCTION THEREON. THECITY, ITS SUCCESSORS OR ASSIGNS, OR AGENTS, SHALL HAVE THE RIGHT AND 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.NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:THAT VRD AT ANNA, LLC ACTING HEREIN BY AND THROUGH ITS DULY AUTHORIZED OFFICERS, DOES HEREBY ADOPT THIS PLAT DESIGNATING THE HEREINABOVE DESCRIBED PROPERTY AS REPLAT OF AFFI, AN ADDITION TO THE CITY OF ANNA, TEXAS, AND DOES HEREBY DEDICATE IN FEE SIMPLE, TO THE PUBLICUSE FOREVER, FOR THE PURPOSES INDICATED ON THIS PLAT. NO BUILDING, FENCE, TREE, SHRUB, OR OTHER IMPROVEMENTS OR GROWTHS, SHALLBE CONSTRUCTED OR PLACED UPON, OVER OR ACROSS THE EASEMENTS AS SHOWN, EXCEPT THAT LANDSCAPE IMPROVEMENTS MAY BEPLACED IN LANDSCAPE EASEMENTS, IF APPROVED BY THE CITY OF ANNA. IN ADDITION, UTILITY EASEMENTS MAY ALSO BE USED FOR THEMUTUAL USE AND ACCOMMODATION OF ALL PUBLIC UTILITIES DESIRING TO USE OR USING THE SAME UNLESS THE EASEMENT LIMITS THE USE TOPARTICULAR UTILITIES, SAID USE BY PUBLIC UTILITIES BEING SUBORDINATE TO THE PUBLIC'S AND CITY OF ANNA'S USE THEREOF. THE CITY OFANNA AND PUBLIC UTILITY ENTITIES SHALL HAVE THE RIGHT TO REMOVE AND KEEP REMOVED ALL OR PARTS OF ANY BUILDING, FENCE, TREE,SHRUB, OR OTHER IMPROVEMENTS OR GROWTHS, WHICH 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 TIMESHAVE THE FULL RIGHT OF INGRESS AND EGRESS TO OR FROM THEIR RESPECTIVE EASEMENTS FOR THE PURPOSES OF CONSTRUCTION,RECONSTRUCTING, INSPECTING, PATROLLING, MAINTAINING, READING METERS, AND ADDING TO OR REMOVING ALL OR PARTS OF THEIRRESPECTIVE SYSTEMS WITHOUT THE NECESSITY AT ANY TIME OF PROCURING PERMISSION FROM ANYONE.FIRE LANE EASEMENTTHAT THE UNDERSIGNED DOES HEREBY COVENANT AND AGREE THAT HE SHALL CONSTRUCT UPON THE FIRE LANE EASEMENTS, AS DEDICATED AND SHOWN HEREON, AHARD SURFACE AND THAT HE SHALL MAINTAIN THE SAME IN A STATE OF GOOD REPAIR AT ALL TIMES AND KEEP THE SAME FREE AND CLEAR OF ANY STRUCTURES, FENCES,TREES, SHRUBS, OR OTHER IMPROVEMENTS OR OBSTRUCTION, INCLUDING BY NOT LIMITED TO, THE PARKING OF MOTOR VEHICLES, TRAILERS, BOATS, OR OTHER IMPEDIMENTSTO THE ACCESS OF FIRE APPARATUS. THE MAINTENANCE OF PAVING ON THE FIRE LANE EASEMENTS IS THE RESPONSIBILITY OF THE OWNER, AND THE OWNER SHALL POSTAND MAINTAIN APPROPRIATE SIGNS IN CONSPICUOUS PLACES ALONG SUCH FIRE LANES, STATING "FIRE LANE, NO PARKING". THE POLICE OR HIS DULY AUTHORIZEDREPRESENTATIVE IS HEREBY AUTHORIZED TO CAUSE SUCH FIRE LANES AND UTILITY EASEMENTS TO BE MAINTAINED FREE AND UNOBSTRUCTED AT ALL TIMES FOR FIREDEPARTMENT AND EMERGENCY USE.AREA BEING ABANDONEDLINE TABLECURVE TABLELINE TABLE (CONT.)VEHICULAR ACCESS & MAINTENANCEVAMPLAT PREPARED BY:LINEBEARINGDISTANCEL55N 88°33'26" E53.01'L56S 88°24'53" W89.63'L57N 01°00'46" W40.63'L58N 88°24'53" E25.00'L59S 01°00'46" E50.88'L62S 89°02'48" W141.94'L63N 01°48'53" W48.64'L64N 43°22'19" W35.24'L65N 88°24'53" E10.00'L66S 00°00'00" E4.29'L67S 45°19'35" E18.16'L68N 90°00'00" W10.00'L69N 45°19'35" W18.16'L70N 00°00'00" W8.19'EASEMENTS DETAILS5' PEDESTRIAN ESMNT20' U.E. & LANDSCAPE ESMNT2.17'12.83'VARIABLE WIDTHFIRELANE ESMNT20' ELECTRIC ESMNTTO BE FINALIZED ATLATER DATEVARIABLE WIDTHDRAINAGE EASEMENTDETAIL ADETAIL A50' BUILDING SETBACKNOT TO SCALE Item No. 5.d. City Council Agenda Staff Report Meeting Date: 5/9/2023 Staff Contact: Lauren Mecke AGENDA ITEM: Approve a Resolution regarding the Affi Addition, Block A, Lot 2-R, Site Plan. (Planning Manager Lauren Mecke) SUMMARY: Automotive repair, major on one lot on 2.1± acres located at the southeast corner of W. White Street and Standridge Boulevard (CR 286). Zoned I-1 Light Industrial (I-1). The purpose of the Site Plan is to show the proposed automotive repair, major 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 the strategic outcome area: Unique. ATTACHMENTS: 1. Affi Addition, Block A, Lot 2-R Site Plan Locator Map 2. RESOLUTION - (SP) Affi Addition, Block A, Lot 2-R 3. Exhibit A (STAMPED) - (SP) Affi Addition, Block A, Lot 2-R S S H A D Y B R O OKTRL W WHITE ST S CENTRAL EXPYCOUNTYROAD286SS T A N D R ID G E B L V D US HIGHWAY 75Copyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 300 600150 Feet April 2023 H:\Notification Maps\Notification Maps\ Site Plan - Affi Addition, Block A, Lot 2-R CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AFFI ADDITION, BLOCK A, LOT 2-R, 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, VRD at Anna, LLC has submitted an application for the approval of Affi Addition, Block A, Lot 2-R, 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 Affi Addition, Block A, Lot 2-R, 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 9th day of May, 2023. ATTEST: APPROVED: _____________________________ ____________________________ City Secretary, Carrie L. Land Mayor, Nate Pike NOPARKINGT EE G G G T )///()///()///()///()///()///()///()///()///()///()///()///()///(////////////////////////////////////LOT 1, BLK A CARLEO ADDITION CABINET O, SLIDE 123 P.R.C.C.T. LOT 1-R-1 REPLAT AFFI ADDITION DOC. 20120119010000120 P.R.C.C.T.S 00°55'43" E 436.63'S 88°43'34" W 201.82'N 01°48'53" W 435.69'N 88°33'27" E 73.09'N 88°24'53" E 135.48' C223600 W PARMER LANE, SUITE 175, AUSTIN, TX 78727Telephone: (512) 494-8014Firm Registration No: F-159ANNA, TEXASCALIBER COLLISIONT E SITE PLANC4 SITE W WHITE STEET CR 286HWY 75CR 367 ANNA, TEXAS CR 284 FM 455 S ST A N D RI D GE BLV D. SITE PLAN AFFI ADDITION LOT 2-R, BLOCK A GROSS 2.054 ACRES RECORDED IN DOCUMENT #20220419000628790 OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS CITY OF ANNA, COLLIN COUNTY, TEXAS; THOMAS RATTAN SURVEY, ABSTRACT NO. 782 Item No. 5.e. City Council Agenda Staff Report Meeting Date: 5/9/2023 Staff Contact: Lauren Mecke AGENDA ITEM: Approve a Resolution regarding the Anna Christian Fellowship Addition, Block A, Lot 1, Final Plat. (Planning Manager Lauren Mecke) SUMMARY: Religious facility and two accessory structures on one lot on 5.0± acres located on the south side of County Road 376, 1,875± feet east of County Road 427. Located within the Extraterritorial Jurisdiction (ETJ). The purpose of the Final Plat is to dedicate lot and block boundaries, and easements necessary for the development of a religious facility. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Final Plat is in conformance with the city’s Subdivision Regulations. The Planning & Zoning Commission recommended approval subject to additions and/or alterations to the engineering plans as required by the Public Works Department and the on-site sewage facility review by Collin County Development Services. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Anna Christian Fellowship Addition Block A Lot 1 Locator Map 2. RESOLUTION (FP) Anna Christian Fellowship Addition, Block A, Lot 1 3. Exhibit A (FP) Anna Christian Fellowship, Block A, Lot 1 COUNTYROAD427 T H ACKERY ST P URDUE RDPRINCETONCIRCHISWELL RDPRINCETONAVE NORMANDYAVECOUNTY ROAD 376 Copyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 300 600150 Feet April 2023 H:\Notification Maps\Notification Maps\ Final Plat - Anna Christian Fellowship Addition, Block A, Lot 1 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ANNA CHRISTIAN FELLOWSHIP 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, Anna Christian Fellowship, Inc. has submitted an application for the approval of the Anna Christian Fellowship 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 Anna Christian Fellowship 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 and the on-site sewage facility review by Collin County Development Services. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 9th day of May, 2023. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie L. Land Mayor, Nate Pike Item No. 5.f. City Council Agenda Staff Report Meeting Date: 5/9/2023 Staff Contact: Lauren Mecke AGENDA ITEM: Approve a Resolution regarding the Anna Municipal Complex Addition, Block A, Lot 1, Replat. (Planning Manager Lauren Mecke) SUMMARY: Civic Center on one lot on 8.2± acres, located at the northeast corner of W. 7th Street and N. Powell Parkway. Zoned Planned Development (Ord. No. 831-2019). The purpose for the Replat is to dedicate lot and block boundaries, and abandon and dedicate easements necessary for the existing development. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Replat is in conformance with the adopted Planned Development standards and 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 - (R) Anna Municipal Complex Addition, Block A, Lot 1 3. Stamped EXHIBIT A - (R) Anna Municipal Complex Addn, Bl A, Lt 1 SSHERLEYAVEHARPE R S T N JAMES STN POWELLPKWYN INTERURBANSTN RIGGINS STN SHERLEYAVES RIGGINS STE FOURTH ST SINTERURBANSTW FIFTH STS JAMES STS POWELL PKWYW FOURTH ST W SEVENTH ST W EIGHTH ST E SIXTH ST E FIFTH ST E SEVENTH ST Copyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 200 400100 Feet March 2023 H:\Notification Maps\Notification Maps\ Replat - Anna Municipal Complex Addition, Block A, Lot 1 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ANNA MUNICIPAL COMPLEX ADDITION, BLOCK A, LOT 1, REPLAT 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, The City of Anna, has submitted an application for the approval of the Anna Municipal Complex Addition, Block A, Lot 1, Replat; and WHEREAS, Anna Municipal Complex Addition, Block A, Lot 1, Replat 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 Replat The City Council hereby approves the Anna Municipal Complex Addition, Block A, Lot 1, Replat 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 9th day of May, 2023. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie L. Land Mayor, Nate Pike LOT 1, BLOCK A8.234 ACRESSUBJECTTRACTOWNER'S CERTIFICATE:STATE OF TEXAS§COUNTY OF COLLIN §Whereas the City of Anna is the owner of a 8.234 acre remainder of an original 8.241 acre tract of land situated in the City Limits of Anna, Texas and being all the tracts of land conveyed to the City of Anna and recorded in the Deed Records of Collin County Texas (DRCCT) as follows:REA·Henry Brantley Survey, Abstract 71, Tract 11: Instrument 20160929001311580·Henry Brantley Survey, Abstract 71, Tract 198: No recording data found·Henry Brantley Survey, Abstract 71, Tract 146: Volume 4868, Page 6683·Henry Brantley Survey, Abstract 71, Tract 147: Instrument 2019060300625350·Anna Original Donation, Block 2, Lots 1-5, 8, 9: Instrument 2019060300625350·Anna Original Donation, Block 2, All Abandoned 20-foot wide Alley Rights of Way: Instrument 2019060300625350·Anna Original Donation, Block 3, Lots 1-5:Instrument 20181001001222710·Anna Original Donation, Block 3, Lot 6R: Instrument 20160929001311580·Anna Original Donation, Block 3:Volume 21, Page 368 Eastern one-half of 20-foot wide Alley: All the 80-foot wide 6th Street Right of Way:·Anna Original Donation:Volume 21, Page 368 Southernmost 20-foot wide strip of 5th Street Right of WaySaid 8.234 acre Tract of land being more particularly described as follows:BEGINNING at a 1/2" iron rod with plastic cap stamped BHC set for corner, said iron rod being on a northwest property corner of said 8.234 acre City of Anna tract, and on the east right-of-way line of South Powell Parkway (Highway 5, 80-foot R.O.W.);THENCE North 47°16'56” East, along the right-of-way corner clip at the intersection of said South Powell Parkway, and 5th Street (60-foot R.O.W. remainder), and being along the northwest property line of said 8.234 acre City of Anna tract, a distance of 13.83 feet to a 1/2" iron rod with plastic cap stampedBHC set for corner, said point being on the northwest property corner of said 8.234 acre City of Anna tract;THENCE South 89°13'03” East, along the north property line of said 8.234 acre City of Anna tract, and being along the south right-of-way line of said 5th Street, a distance of 562.74 feet to a 1/2" iron rod with plastic cap stamped BHC set for corner, said point being on the northeast property corner of said8.234 acre City of Anna tract;THENCE South 44°28'08” East, along a north property line of said 8.234 acre City of Anna tract, and also being along the right-of-way corner clip at the intersection of said 5th Street, and the Houston Texas Central Railroad, (255-foot R.O.W.), a distance of 14.11 feet to a 1/2" iron rod with plastic capstamped BHC set for corner, said point being on a northeast property corner of said 8.234 acre City of Anna tract;THENCE South 00°44'08” West, along the east property line of said 8.234 acre City of Anna tract, and also being along the west right-of-way line of said Houston Texas Central Railroad, a distance of 589.35 feet to a 1/2" iron rod with plastic cap stamped BHC set for corner, said point being on the southeastproperty corner of said 8.234 acre City of Anna tract, said point also being on the north right-of-way line of 7th Street (80-foot R.O.W.);THENCE North 89°14'59” West, along the south property line of said 8.234 acre City of Anna tract, and also being along the north right-of-way line of said 7th Street, a distance of 596.47 feet to a 1/2" iron rod with plastic cap stamped BHC set for corner,stamped, said point being on the southwest propertycorner of said 8.234 acre City of Anna tract, and also being on the east right-of-way line of said South Powell Parkway;THENCE North 33°18'43” West, along the southwest property line of said 8.234 acre City of Anna tract, and also being along the northeast right-of-way corner clip of said South Powell Parkway and said 7th Street, a distance of 32.40 feet to a 1/2" iron rod with plastic cap stamped BHC set for corner,, saidpoint being on the southwest property corner of said 8.234 acre City of Anna tract, and also being on the east right-of-way line of said South Powell Parkway;THENCE North 01°26'26” West, along the west property line of said 8.234 acre City of Anna tract, and also being along the northeast right-of-way corner clip of said South Powell Parkway and said 7th Street, a distance of 20.68 feet to a called, but not found 5/8" iron rod with pink plastic cap stamped"TxDOT Survey Marker, Right-of-Way Monument", said point being on the west property line of said 8.234 acre City of Anna tract, and also being on the east right-of-way line of said South Powell Parkway;THENCE North 04°36'16” East, departing the south right-of-way line of said 7th Street, and being along the west property line of said 8.234 acre City of Anna tract, and also being along the east right-of-way line of said South Powell Parkway, a distance of 282.89 feet to a point for corner,THENCE North 03°42'26” East, along the west property line of said 8.234 acre City of Anna tract, and also being along the east right-of-way line of said South Powell Parkway, a distance of 260.68 feet to the POINT OF BEGINNING and containing 8.234 acres (358,673.04 sq. ft.) of land, more or less.OWNER:CITY OF ANNA111 N. POWELL PKWY.ANNA, TEXAS 75409PHONE: 972-924-3325FAX: 972-924-2620STATE OF TEXAS§COUNTY OF __________§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 andacknowledged to me that he executed the same in the capacity herein stated and the act and deed of said company.Given under my hand and seal of office, this ____ day of ____________, 20___._____________________________________________________Notary Public in and for ____________ County__________________________My Commission Expires OnSTATE OF TEXAS§COUNTY OF COLLIN §BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personallyappeared Gary C. Hendricks, Registered Public Land Surveyor, known to me to be the person whose name issubscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose andconsiderations therein expressed.Given under my hand and seal of office, this _____ day of ___________, 20___._____________________________________________________Notary Public in and for theState of Texas_____________________________________________________Commission Expires On:SHEET 1 OF 1SURVEYOR:BIRKHOFF, HENDRICKS & CARTER, L.L.P.TBPELS Survey Firm No. 1003180011910 Greenville Ave., Suite 600Dallas, Texas 75243TEL. NO. (214) 361-7900FAX NO. (214) 461-8390CONTACT: GARY C. HENDRICKS, PE, RPLSNOW , THEREFORE, KNOW ALL MEN BY THESE PRESENTS:THAT, The City of Anna acting herein by and through its duly authorized officers, does hereby adopt this plat designating the hereinabove described property as, an addition to the City of Anna, Texas, and does hereby dedicate, in fee simple, to the public use forever, thestreets 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. In addition, utility easements may also be used forthe mutual use and accommodation of all public utilities desiring to use of 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's use thereof. The City of Anna and public utilityentities shall have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs, or other 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 rights of ingress and egress to or from their respective easements for the purposed of constructing, reconstructing inspecting, patrolling, maintaining, reading meters, and adding to orremoving all or parts of their respective systems without the necessity at any time of procuring permission from anyone.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 times and keep the same free andclear 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. The maintenance of paving of the fire lane easements is theresponsibility 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 duly authorized representative is hereby authorized to cause such fire lanes and utilityeasements to be maintained free and unobstructed at all times for Fire Department and emergency use.This approved subject to all platting ordinances, rules and regulations of the City of Anna, Texas.WITNESS my hand this ___________ day of ______________________, 20_______._____________________________________________________Nate Pike City MayorSURVEYOR'S CERTIFICATIONSTATE OF TEXAS §COUNTY OF COLLIN §THIS is to certify that I, Gary C. Hendricks, Registered Professional Land Surveyor, State of Texas No. 5073, have performed, for this plat,an actual survey on the ground, and that this plat correctly represents that survey made by me or under my direction or supervision._____________________________________________________Gary C. Hendricks DateRegistered Professional Land SurveyorState of Texas No. 5073STATE OF TEXAS§COUNTY OF COLLIN §I, _______________________, Mayor, City of Anna, Collin County Texas, dohereby certify that the above plat and dedication was approved by the City ofAnna, Texas for filing in the map or deed records of Collin County, Texas,on the _________ day of ____________________,20_ __________________________________________MayorCity of Anna, TexasATTEST:_________________________________________City SecretaryCity of Anna, TexasNATE PIKECITY OF ANNA - APPROVAL BLOCKFINAL PLATANNA MUNICIPAL COMPLEX ADDITIONLOT 1, BLOCK ACITY OF ANNA, TEXASBeing 8.234 ACRESout of theHENRY BRANTLEY SURVEY, ABSTRACT NO. 71and theANNA ORIGINAL DONATION ADDITION, BLOCKS 2 & 3and beingTracts 11, 146, 147, 198 of the Henry Brantley Survey, Abstract 71Abandoning Lots 1-5, 8 & 9 Block 2; and Lots 1-5 &6R Block 3 of the Anna Original Donation AdditionAbandoning All Alleys in Block 2 and 3 of the Anna Original Donation AdditionAbandoning the 80-foot wide Right of Way of 6th Street in the Anna Original Donation AdditionAbandoning the Southernmost 20-foot wide strip of 5th Street Right of way in the Anna Original Donation AdditionDRAINAGE 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 tothe following conditions which shall be binding upon the Owners, their heirs, grantees and successors:The portion of Block 1, as shown on the plat is called “Drainage and Detention Easement.” The Drainageand Detention Easement within the limits of this addition, will remain open at all times and will bemaintained in a safe and sanitary condition by the owners of the lot or lots that are traversed by oradjacent to the Drainage and Detention Easement. The City will not be responsible for the maintenanceand operation of said Easement or for any damage to private property or person that results fromconditions in the Easement, or for the control of erosion. No obstruction to the natural flow of stormwater run-off shall be permitted by construction of any type of building, fence, or any other structurewithin the Drainage and Detention Easement as hereinabove defined, unless approved by the CityEngineer. Provided, however, it is understood that in the event it becomes necessary for the City toerect or consider erecting any type of drainage structure in order to improve the storm drainage thatmay be occasioned by the City shall have the right to enter upon the Drainage and Detention Easementat any point, or points, to investigate, survey or to erect, construct and maintain any drainage facilitydeemed necessary for drainage purposes. Each property owner shall keep the Drainage and DetentionEasement clean and free of debris, 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 egress for the purpose ofinspection and supervision of maintenance work by the property owner to alleviate any undesirableconditions which may occur. The natural drainage through the Drainage and Detention Easement issubject to storm water overflow and natural bank erosion to an extent which cannot be definitelydefined. The City shall not be held liable for any damages of any nature resulting from the occurrence ofthese natural phenomena, or resulting from the failure of any structure, or structures, within theEasement.ACCESS EASEMENTThe undersigned does covenant and agree that the access easement may be utilized by any person orthe general public for ingress and egress to other real property, and for the purpose of general publicvehicular and pedestrian use and access, 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, and regress in, along, upon, andacross said premises.April 2023EXHIBIT AAPPROVEDMay 1, 2023P&Z COMMISSIONCITY OF ANNA APPROVED May 9, 2023CITY COUNCIL CITY OF ANNA Item No. 5.g. City Council Agenda Staff Report Meeting Date: 5/9/2023 Staff Contact: Lauren Mecke AGENDA ITEM: Approve a Resolution regarding the Arden Park Phase I, Final Plat. (Planning Manager Lauren Mecke) SUMMARY: 60 Single-family dwelling, detached lots, 27 single-family dwelling, attached lots, five common area lots, and two commercial lots on 20.4± acres located at the southwest corner of W. White Street and Slater Creek Road. Zoned: C-1 Restricted Commercial (C-1), SF-Z Single-Family Residence District – Zero Lot Line Homes (SF-Z), and Planned Development-SF-TH Townhome District (PD-SF-TH) (Ord. No. 961-2022 & Ord. No. 1009-2022). The purpose of the Final Plat is to dedicate rights-of-way, lot and block boundaries, and easements necessary for the single-family residential development. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Final 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. Arden Park Phase I Final Plat Locator Map 2. RESOLUTION - (FP) Arden Park Phase I 3. Exhibit A (STAMPED) - (FP) Arden Park Phase I W WHITE ST MIMOSA DRBUFFALO BILL DRBUTCHCASSIDY DRCEDARCREEKDRBAMBOO DRBROOKVIEWCT SLATERCREEKRDWESTCROSSINGBLVDSDOGWOOD DRSTONERIDGEDRSFERGUSONPKWYBRIDGEPORT DR DURHAM DR WESTWOOD CT WESTGATE CT PARK VISTA DR WILLOWCREEKDRALDER DR BRENTFIELD DR WESTFIELD DRDOC HOLLIDAY DR WYATT EARP DR HAZELS WAYBENS DRCopyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 400 800200 Feet April 2023 H:\Notification Maps\Notification Maps\ Final Plat - Arden Park Phase I CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ARDEN PARK PHASE I, 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 (“Subdivision Regulation”) and Article 9.04 (“Zoning Ordinance”) of the Anna City Code of Ordinances; and WHEREAS, Arden Park Owner TX, LLC, a Delaware Limited Liability Company has submitted an application for the approval of Arden Park Phase I, Final Plat; and WHEREAS, Arden Park Phase I, 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 Arden Park Phase I, 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 9th day of May, 2023. ATTEST: APPROVED: _____________________________ ____________________________ City Secretary, Carrie L. Land Mayor, Nate Pike 111 Hillside DriveLewisville, Texas 75057972. 436. 9712201 Country View DriveRoanoke, Texas 76262940. 240. 1012TBPE: 19762 TBPLS: 10194440www.gacon.comwww.mcadamsco.comThe John R. McAdamsCompany, Inc.L E G E N DLUX2021310780FINAL PLATARDEN PARKPROJECTSITE 111 Hillside DriveLewisville, Texas 75057972. 436. 9712201 Country View DriveRoanoke, Texas 76262940. 240. 1012TBPE: 19762 TBPLS: 10194440www.gacon.comwww.mcadamsco.comThe John R. McAdamsCompany, Inc.LUX2021310780“” ”“”””“”””””””“”””””“”””“”””“”””””“””“””“””“”””“””“”””“””“””“””“””“””“””“””“””“””“””“””“””“””“””“””“”“”“” PROJECTSITEFINAL PLATARDEN PARK Item No. 5.h. City Council Agenda Staff Report Meeting Date: 5/9/2023 Staff Contact: Lauren Mecke AGENDA ITEM: Approve a Resolution regarding the Arden Park Phase I, Site Plan. (Planning Manager Lauren Mecke) SUMMARY: 60 Single-family dwelling, detached lots, 27 single-family dwelling, attached lots, and five common area lots on 16.05± acres located at the southwest corner of W. White Street and Slater Creek Road. Zoned: SF-Z Single-Family Residence District – Zero Lot Line Homes (SF-Z), and Planned Development-SF-TH Townhome District (PD-SF-TH) (Ord. No. 961-2022 & Ord. No. 1009-2022). The purpose of the Site Plan is to show the proposed single-family residential development site improvements. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Site 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. Arden Park Phase I Site Plan Locator Map 2. RESOLUTION - (SP) Arden Park Phase I 3. Exhibit A (STAMPED) - (SP) Arden Park Phase I W WHITE ST MIMOSA DRBUFFALO BILL DRBUTCHCASSIDY DRCEDARCREEKDRBAMBOO DRBROOKVIEWCT SLATERCREEKRDWESTCROSSINGBLVDSDOGWOOD DRSTONERIDGEDRSFERGUSONPKWYBRIDGEPORT DR DURHAM DR WESTWOOD CT WESTGATE CT PARK VISTA DR WILLOWCREEKDRALDER DR BRENTFIELD DR WESTFIELD DRDOC HOLLIDAY DR WYATT EARP DR HAZELS WAYBENS DRCopyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 400 800200 Feet April 2023 H:\Notification Maps\Notification Maps\ Site Plan - Arden Park Phase I CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ARDEN PARK PHASE I, 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, Arden Park Owner TX, LLC, a Delaware Limited Liability Company has submitted an application for the approval of Arden Park Phase I, 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 Arden Park Phase I, 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 9th day of May, 2023. ATTEST: APPROVED: _____________________________ ____________________________ City Secretary, Carrie L. Land Mayor, Nate Pike TRACT 1TRACT 2 TRACT 1 TRACT 1TRACT 2TRACT 2West White StreetSlater Creek Road - Private Road Ben's Drive Westfield Drive Hazels Drive W. Crossing Blvd. SITE PLAN 111 Hillside Drive Lewisville, Texas 75057 972. 436. 9712 201 Country View Drive Roanoke, Texas 76262 940. 240. 1012 TBPE: 19762 TBPLS: 10194440 www.gacon.com www.mcadamsco.com The John R. McAdams Company, Inc. ARDEN PARK PHASE I L E G E N D Item No. 5.i. City Council Agenda Staff Report Meeting Date: 5/9/2023 Staff Contact: Lauren Mecke AGENDA ITEM: Approve a Resolution regarding the Goolsby Addition, Block A, Lot 1, Final Plat. (Planning Manager Lauren Mecke) SUMMARY: One lot on 14.6± acres located on the east side of Private Road 5445, 520± feet north of County Road 971. Located in the Extraterritorial Jurisdiction (ETJ). The purpose for the Final Plat is to dedicate 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 & Zoning Commission recommended approval subject to additions and/or alterations to the engineering plans as required by the Public Works Department and the on-site sewage facility review by Collin County Development Services. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Goolsby Addition, Block A, Lot 1 Locator Map 2. RESOLUTION (FP) Goolsby Addition, Block A, Lot 1 3. Exhibit A (FP) Goolsby Addn, BL A, Lt 1 PRIVATEROAD5442POLARISRDCOUNTY ROAD 971 Copyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 400 800200 Feet April 2023 H:\Notification Maps\Notification Maps\ Final Plat - Goolsby Addition, Block A, Lot 1 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING GOOLSBY 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 Goolsby 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 Goolsby 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 and the on-site sewage facility review by Collin County Development Services. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 9th day of May, 2023. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie L. Land Mayor, Nate Pike N00° 00' 00"E643.4'N90° 00' 00"W887.2'CENTER OF THE EAST FORKOF THE TRINITY RIVEREASTERLY WITH THE MEANDERS OF THE EAST FORK OF THE TRINITY RIVERSOUTHERLY WITH THE MEANDERS OF THE EAST FORK OF THE TRINITY RIVERPURPOSE: THE PURPOSE OF THIS REPLAT IS TO DEFINE THE ADDITION OF A CELLTOWER PREMISES) AND EASEMENT FOR VERIZON WIRELESS LOCATED ON AN EXISTINGPROPERTY.PLAT/REPLAT TYPE: CELL TOWER LEASE & EASEMENT ADDITION.VERIZON PROJECT NAME: MOUNT FUJIGROSS ACREAGE: 14.6-ACRE TRACTPROPOSED TOWER LEASE ACREAGE: 0.1291 ACRE (75'x75')PROPOSED EASEMENT ACREAGE: 0.3769 ACRES (VARIABLE WIDTH ACCESS, UTILITY &FIBER EASEMENT)PROPERTY OWNER: LARRY GOOLSBY & LESLIE GOOLSBY 224 W DIVISION ST PILOT POINT, TX 76258 214-202-6119SCALE: 1" = 100'100'050'100'GRAPHIC SCALELESSEE'S PREMISES INFORMATIONLATITUDELONGITUDEELEVATION33.322497°-96.626023°584.5' AMSLVICINITY MAP (N.T.S.)SITE LOCATIONOVERALL PROPERTY MAPEX. HIGH BANKLESSEE'S EASEMENTEX. MESH WIRE FENCEEX. PROPERTY LINEEX. EASEMENTEX. B.W. FENCEEX. UTILITY POLELESSEE'S LEASE AREAEX. WOOD FENCELEGENDEX. TELCO PEDESTALEX. TREEEX. MANHOLEEX. HEAVILY WOODED AREAABBREVIATIONSAMSLB.L.B.W.C.L.D.E.EX.FNI.P.I.R.O.P.R.R.C.C.T.POBPOCOHSTM.S.E.S.S.E.TBMTYP.U.E.W.L.E.AVERAGE MEAN SEA LEVELBUILDING LINEBARBED WIRECHAINLINKDRAINAGE EASEMENTEXISTINGFILE NUMBERIRON PIPEIRON RODOFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXASPOINT OF BEGINNINGPOINT OF COMMENCEMENTOVERHEADSTORM SEWER EASEMENTSANITARY SEWER EASEMENTTEMPORARY BENCHMARKTYPICALUTILITY EASEMENTWATER LINE EASEMENTLINE TABLELINE #L1L2L3L4L5L6L7L8L9L10DISTANCE75.00'75.00'75.00'75.00'378.83'56.56'244.97'30.00'227.50'32.80'BEARINGN00° 00' 00"EN90° 00' 00"ES00° 00' 00"WS90° 00' 00"WN00° 00' 00"EN35° 16' 37"ES88° 08' 12"ES00° 00' 00"WN88° 08' 12"WS35° 16' 37"WLINE TABLELINE #L11L12L13L14DISTANCE34.16'11.18'333.50'20.00'BEARINGS00° 00' 00"WS90° 00' 00"WS00° 00' 00"WS90° 00' 00"WLOT 1, BLOCK ALARRY GOOLSBY & LESLIE GOOLSBYTRACT 114.6-ACRE TRACTFN 20161221001735750O.P.R.C.C.T.PARCEL ID: 2550858LARRY GOOLSBY & LESLIE GOOLSBYTRACT 21.86-ACRE TRACTFN 20161221001735750O.P.R.C.C.T.PRIVATE ROAD 544230' COUNTY EASEMENTCR 971(PUBLIC ROW)LESSEE'S PROPOSED VARIABLE WIDTHNON-EXCLUSIVEACCESS, UTILITY & FIBER EASEMENT(BY THIS PLAT)LESSEE'S PROPOSED75' X 75' PREMISES(BY THIS PLAT)POCFND I.R.POBPOBL2L3L4L1 L8L9 L7L11L12L5L13L14 L10 L6 GOOLSBY ADDITIONLOT 1, BLOCK A600 HIDDEN RIDGEIRVING, TX 75038PHONE: (678) 339-4247FAX: (972) 718-19673D DESIGN & ENGINEERING INC.DEPARTMENT OF SURVEYING21502 E WINTER VIOLET CTCYPRESS, TX. 77433PHONE: 832-510-9621www.3ddne.comINFO@3DDNE.COMTEXAS REGISTRATION NO. 10194603STATE OF TEXAS:COUNTY OF COLLIN:BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR COLLIN COUNTY, TEXAS,PERSONALLY APPEARED THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE FOREGOING INSTRUMENTAND THEY ACKNOWLEDGED SAME FOR THE PURPOSES AND CONSIDERATIONS THEREIN EXPRESSED AND INTHE CAPACITY INDICATED HEREIN.GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS _______ DAY OF __________, 20 ________________________________________________________________________________________________NOTARY PUBLIC IN AND FOR COLLIN COUNTY, TEXASCERTIFICATE OF APPROVALAPPROVED ON THIS THE _______ DAY OF __________, 20 ___________ BY THE CITY COUNCIL, CITY OF ANNA, TEXAS_______________________________________________________________________________________MAYOR_______________________________________________________________________________________CITY SECRETARYOWNER'S CERTIFICATION:WHEREAS LARRY GOOLSBY & LESLIE GOOLSBY ARE THE OWNERS OF (3) TRACTS OF LAND LOCATED IN THEEZRA SHELBY SURVEY, ABSTRACT NO. 839, COLLIN COUNTY, TEXAS, AS RECORDED IN FILE NUMBER20161221001735750 OF THE OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS, AND BEING DEFINED AS:TRACT 1:14.6 ACRES, MOL, BEING PART A TRACT CALLED 22 ACRES CONVEYED TO PEGGY L. PERDUE BY DEED(“PERDUE DEED”) RECORDED IN VOLUME 5492, PAGE 2849, COLLIN COUNTY DEED RECORDS, BEING ALL OFTRACT 3 AND NORTH 372.7 FEET OF TRACT 1 AS DESCRIBED THEREIN, AND BEING MORE PARTICULARLYDESCRIBED AS FOLLOWS:BEGINNING AT AN IRON ROD SET AT THE SW CORNER OF THE 14.6 ACRES OF LAND HEREIN DESCRIBED ANDBEING NORTH, A DISTANCE OF 36.5 FEET FROM THE NW CORNER OF TRACT 2 OF THE PERDUE DEED;THENCE NORTH WITH THE EAST LINE OF A TRACT OF LAND DESCRIBED BY DEED RECORDED IN VOLUME 860,PAGE 75 OF THE COLLIN COUNTY DEED RECORDS AND FOLLOWING A BARBED WIRE FENCE AND PASSING ANIRON ROD SET AT THE BASE OF A WOOD FENCE POST AT A DISTANCE OF 538.5 FEET AND CONTINUING FOR ATOTAL DISTANCE OF 643.4 FEET TO THE CENTER OF THE EAST FORK OF THE TRINITY RIVER;THENCE EAST ACROSS TRACT 1 PASSING AN IRON ROD 800.0 FEET THEN CONTINUING A TOTAL DISTANCE OF887.2 FEET TO THE CENTER OF THE EAST FORK OF THE TRINITY RIVER;THENCE EASTERLY AND SOUTHERLY WITH THE MEANDERS OF THE EAST FORK OF THE TRINITY RIVER TO THESOUTH LINE OF THE 14.6 ACRES OF LAND HEREIN DESCRIBED;THENCE WEST ACROSS TRACT 1 PASSING AN IRON ROD SET AT 87.2 FEET, PASSING THE EAST SIDE OF ACHAIN LINK FENCE AT 760.4 FEET, PASSING THE WEST SIDE OF THE CHAIN LINK FENCE AT 790.4 FEET THENCONTINUING FOR A TOTAL DISTANCE OF 887.2 FEET TO THE PLACE OF BEGINNING AND CONTAINING 14.6ACRES OF LAND, MOL.TRACT 2:1.86 ACRES, MOL, OUT OF THE H.T. CHENOWITH SURVEY, A-158, AND BEING PART OF A TRACT CALLED 22ACRES CONVEYED TO PEGGY L. PERDUE BY DEED (“PERDUE DEED”) RECORDED IN VOLUME 5492, PAGE 2849,COLLIN COUNTY DEED RECORDS, BEING THE SOUTH 36.5 FEET OF TRACT 1 AND THE NORTH 55.5 FEET OFTRACT 2 AS DESCRIBED THEREIN, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:BEGINNING AT AN IRON ROD SET AT THE SW CORNER OF THE 1.86 ACRES OF LAND HEREIN DESCRIBED ANDBEING SOUTH, A DISTANCE OF 55.5 FEET FROM THE NW CORNER OF TRACT 2 OF THE PERDUE DEED;THENCE NORTH WITH THE EAST LINE OF A TRACT OF LAND DESCRIBED BY DEED RECORDED IN VOLUME 880,PAGE 75 OF THE COLLIN COUNTY DEED RECORDS AND FOLLOWING A BARBED WIRE FENCE A DISTANCE OF92.0 FEET TO AN IRON ROD;THENCE EAST ACROSS TRACT 1 PASSING AN IRON ROD 800.0 FEET THEN CONTINUING A TOTAL DISTANCE OF887.2 FEET TO THE CENTER OF THE EAST FORK OF THE TRINITY RIVER;THENCE SOUTH 16° WEST A DISTANCE OF 37.97 FEET ALONG THE CENTER OF THE EAST FORK OF THE TRINITYRIVER;THENCE SOUTH 17° WEST A DISTANCE OF 58.04 FEET ALONG THE CENTER OF THE EAST FORK OF THE TRINITYRIVER TO THE SOUTH LINE OF THE 1.86 FEET ACRES OF LAND HEREIN DESCRIBED;THENCE WEST ACROSS TRACT 2 PASSING AN IRON ROD SET AT 93.7 FEET THEN CONTINUING FOR A TOTALDISTANCE OF 893.7 FEET TO THE PLACE OF BEGINNING.TRACT 3:NON-EXCLUSIVE EASEMENT RIGHTS CREATED PURSUANT TO AN ACCESS EASEMENT BY AND BETWEENPEGGY L. PERDUE AND LARRY AND LESLIE GOOLSBY, SUCH DOCUMENT FILED ON JUNE 16, 2004, ANDRECORDED AT VOLUME 5690, PAGE 2705, DEED RECORDS OF COLLIN COUNTY, TEXAS.NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS,THAT LARRY GOOLSBY & LESLIE GOOLSBY ACTING HEREIN AND THROUGH ITS DULY AUTHORIZED OFFICERS,DO HEREBY CERTIFY AND ADOPT THIS PLAT DESIGNATING THE HEREIN ABOVE DESCRIBED AS GOOLSBYADDITION, LOT 1, BLOCK A, AN ADDITION OF COLLIN COUNTY AND DO HEREBY DEDICATE THE EASEMENTS ASSHOWN.____________________________________________________________________________________________LARRY GOOLSBYWITNESS, MY HAND, THIS _______________ DAY OF ______________________________ 20______________BY:AUTHORIZED SIGNATURE.PRINTED NAME AND TITLE.SUBSCRIBED AND SWORN TO BEFORE ME THIS ________________ DAY OF _________________20____________________________________________________________________________________________________NOTARY PUBLIC, STATE OF TEXASMY COMMISSION EXPIRES:_________________________________________________________________________________________________________________________________________________________________LESLIE GOOLSBYWITNESS, MY HAND, THIS _______________ DAY OF ______________________________ 20______________BY:AUTHORIZED SIGNATURE.PRINTED NAME AND TITLE.SUBSCRIBED AND SWORN TO BEFORE ME THIS ________________ DAY OF _________________20____________________________________________________________________________________________________NOTARY PUBLIC, STATE OF TEXASMY COMMISSION EXPIRES:_____________________________________________________________________SURVEYOR'S CERTIFICATE:I, HELENE LECOANET, REGISTERED PROFESSIONAL LAND SURVEYOR, STATE OF TEXAS, HEREBY CERTIFYTHAT THE DESCRIPTION AND PLAT HEREON ARE TAKEN FROM ACTUAL MEASUREMENTS UPON THE GROUNDAND ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF THIS 25TH DAY OF APRIL 2023,AND THE MONUMENTS SHOWN THEREON HAVE BEEN FOUND OR SET BY ME AND THEIR LOCATION, SIZE ANDMATERIAL DESCRIBED ARE CORRECTLY SHOWN.___________________________________________________HELENE LECOANET, R.P.L.S. 6567PARCEL ID: 2665451N39°03'12"E440.45'PERDUE LIVING TRUSTFN 2005031500032810O.P.R.C.C.T.PARCEL ID: 266545020' ACCESS EASEMENT(VOLUME 5690 PAGE 2705, D.R.C.C.T.)COLLIN COUNTY 30' WIDE ROADWAY EASEMENT(FN 20060322000375030, D.R.C.C.T.)EX. 25' B.L.BRANCH JORDAN & BRITTANYTRACT 82.0-ACRE TRACTFN 20201001001681560O.P.R.C.C.T.PARCEL ID: 1850223LANSDOWNE NEAL ROBERT & KERITRACT 2125.723-ACRE TRACTFN 20170331000410220O.P.R.C.C.T.PARCEL ID: 2756677TWIN RIVERS ESTATES LLCTRACT 19204.371-ACRE TRACTFN 20080229000243760O.P.R.C.C.T.PARCEL ID: 2120557RATTAN JOHN HTRACT 19106.48-ACRETRACT 4O.P.R.C.C.T.PARCEL ID: 1001935LESSEE'S PROPOSED 75'X75' PREMISES DESCRIPTION:BEING A LESSEE'S PROPOSED 75'X75' PREMISES CONTAINING 0.1291 ACRES (5,625.00 SQUARE FEET) LOCATED IN THEH.T. CHENOWETH SURVEY, ABSTRACT NO. 158 COLLIN COUNTY, TEXAS, AND BEING OUT OF AND PART OF A 14.6-ACRETRACT OWNED BY LARRY GOOLSBY & LESLIE GOOLSBY AS RECORDED IN FILE NUMBER 20161221001735750 OF THEOFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS, SAID 0.1291-ACRE TRACT BEING MORE PARTICULARLYDESCRIBED BY METES AND BOUNDS AS FOLLOWS WITH ALL CONTROL REFERRED TO THE TEXAS STATE PLANECOORDINATE SYSTEM, NORTH CENTRAL ZONE (4202), NORTH AMERICAN DATUM OF 1983:COMMENCING AT A FOUND IRON ROD BEING THE NORTHWEST CORNER OF A 30 FEET WIDE COUNTY EASEMENT ASRECORDED IN FILE NUMBER 20060322000375030 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS, AND HAVING ASTATE PLANE COORDINATE VALUE OF X=2,540,563.55 (E), Y=7,168,794.65 (N);THENCE NORTH 39 DEGREES 03 MINUTES 12 SECONDS EAST, 440.45' FEET TO THE POINT OF BEGINNING ANDSOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT, HAVING A STATE PLANE COORDINATE VALUE OFX=2,540,841.05 (E), Y=7,169,136.69 (N);THENCE DUE NORTH, 75.00 FEET TO THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT;THENCE DUE EAST, 75.00 FEET TO THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT;THENCE DUE SOUTH, 75.00 FEET TO THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT;THENCE DUE WEST, 75.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.1291 ACRES (5,625.00 SQUARE FEET) OFLAND.LESSEE'S PROPOSED VARIABLE WIDTH NON-EXCLUSIVE ACCESS, UTILITY, AND FIBER EASEMENT DESCRIPTION:BEING A LESSEE'S PROPOSED VARIABLE WIDTH NON-EXCLUSIVE ACCESS, UTILITY, AND FIBER EASEMENT CONTAINING0.3769 ACRES (16,418.33 SQUARE FEET) LOCATED IN THE H.T. CHENOWETH SURVEY, ABSTRACT NO. 158 COLLIN COUNTY,TEXAS, AND BEING OUT OF AND PART OF A 14.6-ACRE TRACT, A 1.86-ACRE TRACT, AND A ACCESS EASEMENT ALL THREETRACTS BEING OWNED BY LARRY GOOLSBY & LESLIE GOOLSBY AS RECORDED IN FILE NUMBER 20161221001735750 OFTHE OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS, SAID 0.3769-ACRE TRACT BEING MORE PARTICULARLYDESCRIBED BY METES AND BOUNDS AS FOLLOWS WITH ALL CONTROL REFERRED TO THE TEXAS STATE PLANECOORDINATE SYSTEM, NORTH CENTRAL ZONE (4202), NORTH AMERICAN DATUM OF 1983:BEGINNING AT A FOUND IRON ROD BEING THE NORTHWEST CORNER OF A 30 FEET WIDE COUNTY EASEMENT ASRECORDED IN FILE NUMBER 20060322000375030 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS, AND HAVING ASTATE PLANE COORDINATE VALUE OF X=2,540,563.55 (E), Y=7,168,794.65 (N);THENCE DUE NORTH, 378.83 FEET TO A WESTERLY CORNER OF THE HEREIN DESCRIBED TRACT;THENCE NORTH 35 DEGREES 16 MINUTES 37 SECONDS EAST, 56.56 FEET TO A NORTHERLY CORNER OF THE HEREINDESCRIBED TRACT;THENCE SOUTH 88 DEGREES 08 MINUTES 12 SECONDS EAST, 244.97 FEET TO THE NORTHEAST CORNER OF THE HEREINDESCRIBED TRACT;THENCE DUE SOUTH, 30.00 FEET TO AN EASTERLY CORNER OF THE HEREIN DESCRIBED TRACT;THENCE NORTH 88 DEGREES 08 MINUTES 12 SECONDS WEST, 227.50 FEET TO AN INTERIOR EASTERLY CORNER OF THEHEREIN DESCRIBED TRACT;THENCE SOUTH 35 DEGREES 16 MINUTES 37 SECONDS WEST, 32.80 FEET TO AN INTERIOR EASTERLY CORNER OF THEHEREIN DESCRIBED TRACT;THENCE DUE SOUTH, 34.16 FEET TO AN INTERIOR EASTERLY CORNER OF THE HEREIN DESCRIBED TRACT;THENCE DUE WEST, 11.18 FEET TO AN INTERIOR EASTERLY CORNER OF THE HEREIN DESCRIBED TRACT;THENCE DUE SOUTH, 333.50 FEET TO A SOUTHERLY CORNER OF THE HEREIN DESCRIBED TRACT;THENCE DUE WEST, 20.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.3769 ACRES (16,418.33 SQUARE FEET) OFLAND.GENERAL NOTES:1.ALL BEARINGS ARE GRID BEARINGS BASED ON TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE(4202), NORTH AMERICAN DATUM OF 1983 AND ARE ROUNDED TO THE NEAREST SECOND. ALL DISTANCES AREREPRESENTED IN GRID VALUES, BASED ON SAID HORIZONTAL DATUM AND ARE MEASURED IN US SURVEY FEET TOTHE NEAREST HUNDREDTH OF FOOT.2.ELEVATIONS ARE BASED ON THE NORTH AMERICAN VERTICAL DATUM OF 1988 (GEOID18) AND ARE DETERMINED TOTHE NEAREST TENTH OF FOOT.3.PROVIDED ELEVATIONS, LATITUDE AND LONGITUDE VALUES ARE FROM GPS OBSERVATIONS (TYPE OF EQUIPMENT:TRIMBLE R2-TDC600, DATE OF SURVEY: 07/22/2022).4.BASIS OF BEARING: GPS OBSERVATIONS CONDUCTED AT THE TIME OF THE SURVEY.5.BASIS OF ELEVATION: GPS OBSERVATIONS CONDUCTED AT THE TIME OF THE SURVEY.6.THIS SURVEY DOES NOT REPRESENT A BOUNDARY SURVEY AND NO BOUNDARY SURVEY OF THE PARENT TRACTWAS PERFORMED.7.THIS SURVEY CONTAINS A DRAWING AND METES & BOUNDS DESCRIPTIONS FOR A LESSEE'S PROPOSED 75'X75'PREMISES AND A LESSEE'S PROPOSED VARIABLE WIDTH NON-EXCLUSIVE ACCESS, UTILITY, AND FIBER EASEMENTTHAT WERE PREPARED FOR THE EXCLUSIVE USE OF VERIZON AND EXCLUSIVELY FOR THE TRANSFER OF THELESSEE PREMISES SHOWN HEREON. THE PREMISES AND THE EASEMENT WILL NOT BE MONUMENTED.8.THIS SURVEY WAS BASED ON INFORMATION FOUND IN THE ABSTRACTOR'S CERTIFICATE ISSUED BY PRECISE LANDRECORDS, FILE NUMBER: 33463-GINSBERG JACOBS LLC, SITE NAME: MOUNT FUJI, DATED JULY 26, 2022.9.NO WETLAND AREAS HAVE BEEN INVESTIGATED BY THIS SPECIFIC SURVEY.10.UTILITY EASEMENTS AS SHOWN HEREON ARE BASED ON FIELD OBSERVATIONS CONDUCTED ON 07/22/2022.UNDERGROUND UTILITIES MAY EXIST AND WERE NOT PHYSICALLY LOCATED AS A PART OF THIS SURVEY.11.AT THE TIME OF THE SURVEY, THE LESSEE'S PROPOSED 75'X75' PREMISES AND THE LESSEE'S PROPOSED VARIABLEWIDTH NON-EXCLUSIVE ACCESS, UTILITY, AND FIBER EASEMENT LIED WITHIN A SHADED AREA FLOOD ZONE AACCORDING TO FEMA FIRM PANEL MAP NUMBER 48085C0135J, EFFECTIVE 06/02/2009 (COLLIN COUNTY, TEXAS).12.ACCESS EASEMENT TO MEET FIRE LANE STANDARDS; MINIMUM 24'.EXCEPTIONS:EXCEPTIONS HEREON WERE LISTED IN THE ABSTRACTOR'S CERTIFICATE ISSUED BY PRECISE LAND RECORDS, FILENUMBER: 33463-GINSBERG JACOBS LLC, SITE NAME: MOUNT FUJI, DATED JULY 26, 2022:1.EASEMENT AND RIGHT OF WAY DATED JUNE 20, 1994 AND FILED JUNE 16, 1995 TO GRAYSON-COLLIN ELECTRICCOOPERATIVE, INC. AND RECORDED IN FILE NUMBER 95-0041123 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS.(THE EXCEPTION DOES NOT HAVE SUFFICIENT DATA TO DETERMINE ITS LOCATION)2.ACCESS EASEMENT DATED MAY 24, 2004 AND FILED JUNE 16, 2004 TO LARRY AND LESLIE GOOLSBY AND RECORDEDIN VOLUME 5690, PAGE 2705 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS. (THE EXCEPTION IS LOCATEDWITHIN THE PARENT TRACT, AND THE LESSEE'S PROPOSED VARIABLE WIDTH NON-EXCLUSIVE ACCESS, UTILITY,AND FIBER EASEMENT, BUT IS NOT LOCATED WITHIN THE LESSEE'S PROPOSED 75'X75' PREMISES)3.RIGHT OF WAY EASEMENT DATED OCTOBER 17, 2010 AND FILED MARCH 02, 2022 TO NORTH COLLIN WATER SUPPLYAND RECORDED IN FILE NUMBER 20220302000337720 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS. (THEEXCEPTION DOES NOT HAVE SUFFICIENT DATA TO DETERMINE ITS LOCATION)NOTICE: SELLING A PORTION OF THIS ADDITION BY METES AND BOUNDS IS A VIOLATION OF THE CITY SUBDIVISIONORDINANCE AND STATE PLATTING STATUES AND IS SUBJECT TO FINES AND WITHHOLDING OF UTILITIES AND BUILDINGCERTIFICATES. Item No. 5.j. City Council Agenda Staff Report Meeting Date: 5/9/2023 Staff Contact: Lauren Mecke AGENDA ITEM: Approve a Resolution regarding the Leonard Trails Phase 1, Preliminary Plat. (Planning Manager Lauren Mecke) SUMMARY: 161 Single-family dwelling, detached lots and 15 common area lots on 42.7± acres, located on the east and west side of Leonard Avenue, 350± feet south of E. White Street. Zoned Planned Development (Ord. No. 1027-2023-01). The purpose of the Preliminary Plat is to propose right-of-way, lot and block boundaries and easements necessary for the future construction of the single-family residential development. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Preliminary 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. Leonard Trails Phase 1 Locator Map 2. RESOLUTION (PP) Leonard Trails Phase 1 3. Stamped EXHIBIT A - PP (Leonard Trails, Ph 1) CODYDRM AVERICK ST KRISTINA ST SEAN STABIGAILLNBENNETT DRGENOVEVALNSMITHSTISAACDRCADE STDAVID DR EDWARD ST JOSIAHDRJOSHUASTDENTON DRW EIGHTH ST W WHITE ST W SEVENTH ST E WHITE STSSHERLEYAVESEASTONDR ELIJAH DR NATHAN LN FAITH LNS RIGGINS STE EIGHTH ST E SEVENTH ST LEONARDAVEE FM 455 Copyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 500 1,000250 Feet April 2023 H:\Notification Maps\Notification Maps\ Preliminary Plat - Leonard Trails Phase 1 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING LEONARD TRAILS, PHASE 1, PRELIMINARY 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 Regulations”) 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 approval of the Leonard Trails Phase 1, Preliminary 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 Preliminary Plat The City Council hereby approves the Leonard Trails Phase 1, Preliminary 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 9th day of May, 2023. ATTEST: APPROVED: _____________________________ ____________________________ City Secretary, Carrie L. Land Mayor, Nate Pike L E O N A R D A V E N U E RICHMOND AVENUEWILTSHIRE ROADBERKLEY LANEFAIRFIELD AVENUEWILTSHIRE ROADAVONDALE LANE G:\TXN\Projects\Qualico\10335-02-Leonard_Trails_Phase_1\SV\04_CAD\10335-02_PPLT.dwg 2023-04-25-11:48 rtidwell BGE, 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: 469-667-8760OWNERMATCH LINE - SEE SHEET 2PRELIMINARY PLATLEONARD TRAILS PHASE 1161 RESIDENTIAL LOTS AND 15 COMMON AREA LOTS42.670 ACRES SITUATED IN THEGRANDERSON STARK SURVEY, ABSTRACT NO. 798, CITY OF ANNA, COLLIN COUNTY, TEXASAPRIL 2023SHEET 1 OF 3VICINITY MAP(NOT TO SCALE)12060300SCALE: 1" = 60'GENERAL NOTES:1.Bearing system for this survey is based on the North American Datum of 1983, NA2011 (Epoch 2010.00), Texas State PlaneCoordinate System, North Central Zone (4202) with an applied combined scale factor of 1.00015271. Distances and areasshown are surface values 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. Thesubject tract lies with Zone X as delineated on Flood Insurance Rate Map for Collin County, Texas and Incorporated Areas,Map Number 48085C0160J 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. Thisvalue in no way 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 plattingstatutes and is subject to fines and withholding of utilities and building certificates.CIRS5/8" 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.NUMBERVAMVISIBILITY, ACCESS AND MAINTENANCE EASEMENTPROPERTY LINEEASEMENT LINELEGEND Granderson Stark Survey,Abstract No. 798P.O.B.RICHMOND AVENUE LEONAR D A V E N U ECLIFTON DRIVEDARTMOUTH LANEF AIRFIELD A VENUE G:\TXN\Projects\Qualico\10335-02-Leonard_Trails_Phase_1\SV\04_CAD\10335-02_PPLT.dwg 2023-04-25-11:48 rtidwell BGE, 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: 469-667-8760OWNERMATCH LINE - SEE SHEET 112060300SCALE: 1" = 60'GENERAL NOTES:1.Bearing system for this survey is based on the North American Datum of 1983, NA2011 (Epoch 2010.00), Texas State PlaneCoordinate System, North Central Zone (4202) with an applied combined scale factor of 1.00015271. Distances and areasshown are surface values 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. Thesubject tract lies with Zone X as delineated on Flood Insurance Rate Map for Collin County, Texas and Incorporated Areas,Map Number 48085C0160J 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. Thisvalue in no way 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 plattingstatutes and is subject to fines and withholding of utilities and building certificates.VICINITY MAP(NOT TO SCALE)PRELIMINARY PLATLEONARD TRAILS PHASE 1161 RESIDENTIAL LOTS AND 15 COMMON AREA LOTS42.670 ACRES SITUATED IN THEGRANDERSON STARK SURVEY, ABSTRACT NO. 798, CITY OF ANNA, COLLIN COUNTY, TEXASAPRIL 2023SHEET 2 OF 3CIRS5/8" 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.NUMBERVAMVISIBILITY, ACCESS AND MAINTENANCE EASEMENTPROPERTY LINEEASEMENT LINELEGEND G:\TXN\Projects\Qualico\10335-02-Leonard_Trails_Phase_1\SV\04_CAD\10335-02_PPLT.dwg 2023-04-25-11:48 rtidwell OWNER'S CERTIFICATESTATE OF TEXAS ~COUNTY OF COLLIN ~BEING, all of that 42.670 acre (1,858,694 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 89.188 acre tract of land described in Special Warranty Deed to Qualico Developments, Inc. as recorded in Instrument No. 2023000020836 of theOfficial Public Records of Collin County, Texas; said 42.670 acre tract of land being more particularly described by metes and bounds as follows:BEGINNING, at a 1/2-inch iron rod with “ROOME” cap found at the southeast corner of said 89.188 acre tract and the southwest corner of that tract of land described inSpecial Warranty Deed to Jyoti and Nish Bhatia Living Trust, dated March 22, 2005 as recorded in Instrument No. 20220106000036390 of said Official Public Records;said point being in the north line of that tract of land described in Special Warranty Deed to Pulte Homes of Texas, LP as recorded in Instrument No. 20210805001580710of said Official Public Records; from said point the northeast corner of said Granderson Stark Survey bears North 57 degrees 51 minutes West, a distance of 3,524.1 feet;THENCE, departing the west line of said Jyoti and Nishi Living Trust tract, with the south line of said 89.188 acre tract, the following four (4) courses anddistances:THENCE, North 89 degrees 22 minutes 08 seconds West, a distance of 165.30 feet to a point for corner;THENCE, North 89 degrees 51 minutes 29 seconds West, a distance of 341.36 feet to a 5/8-inch iron rod with “KHA” cap found for corner;THENCE, South 89 degrees 55 minutes 02 seconds West, a distance of 475.66 feet to a concrete monument found for corner;THENCE, North 89 degrees 50 minutes 11 seconds West, a distance of 470.89 feet to a point for corner in the south line of said 89.188 acre tract and in the north line ofthat tract of land described in Special Warranty Deed to Ann Town Center No.7/LNRD LLC as recorded in Instrument No. 20150730000952300 of said Official PublicRecords;THENCE, departing the south line of said 89.188 and the north line of said Ann Town Center No. 7 tract, North 00 degrees 00 minutes 12 seconds West, a distance of197.52 feet to a point for corner; said point being the beginning of a tangent curve to the right;THENCE, in a northeasterly direction along said curve to the right, an arc length of 216.77 feet, having a radius of 615.00 feet, a central angle of 20 degrees 11 minutes43 seconds, and a chord which bears North 10 degrees 05 minutes 40 seconds East, 215.65 feet to a point for corner;THENCE, North 20 degrees 11 minutes 31 seconds East, a distance of 366.77 feet to a point for corner; said point being the beginning of a tangent curve to the left;THENCE, in a northeasterly direction along said curve to the left, an arc length of 79.05 feet, having a radius of 225.00 feet, a central angle of 20 degrees 07 minutes 49seconds, and a chord which bears North 10 degrees 07 minutes 37 seconds East, 78.65 feet to a point for corner;THENCE, North 00 degrees 03 minutes 42 seconds East, a distance of 546.51 feet to a point for corner in the north line of said 89.188 acre tract and in the south line ofthat called 62.485 acre tract of land described in General Warranty Deed to Rising Waukulla Investments, LP;THENCE, with the north line of said 89.188 acre tract, the following four (4) courses and distances:THENCE, South 89 degrees 31 minutes 51 seconds East, a distance of 11.73 feet to a point for corner;THENCE, South 89 degrees 50 minutes 08 seconds East, a distance of 819.30 feet to a point for corner;THENCE, North 00 degrees 09 minutes 52 seconds East, a distance of 10.00 feet to a point for corner;THENCE, South 89 degrees 50 minutes 08 seconds East, a distance of 444.84 feet to a point for corner in the west line of said Jyoti and Nishi Bhatia Living TrustTract; said point being the northeast corner of said 89.188 acre tract and the southeast corner of that called 35.161 acre tract of land described in SpecialWarranty Deed To Rising Waukulla Investments, LP as recorded in Instrument No. 202206106000036410 of said Official public records;THENCE, departing the north line of said 89.188 acre tract, South 00 degrees 03 minutes 42 seconds West, with the east line of said 89.188 acre tract and the west lineof said Jyoti and Nishi Bhatia Living Trust tract, a distance of 1,387.60 feet to the POINT OF BEGINNING and containing an area of 42.670 acres or 1,858,694 squarefeet 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 designatingthe hereinabove described property as LEONARD TRAILS PHASE 1, an addition to the City of Anna, Texas, and does hereby dedicate, in feesimple, to the public use forever, the streets and alleys shown thereon. The streets and alleys are dedicated for street purposes. The easementsand 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 landscapeimprovements may be placed in landscape easements, if approved by the City of Anna. In addition, utility easements may also be used for themutual 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 utilities being subordinate to the public's and City of Anna's use thereof. The City of Anna and public utility entities shall havethe right to remove and keep removed all or parts of any buildings, fences, trees, shrubs, or other improvements or growths which may in any wayendanger or interfere with the construction, maintenance, or efficiency of their respective systems in said easements. The City of Anna and publicutility entities shall at all times have the full right of ingress and egress to or 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 thenecessity 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 acknowledgedto me that he executed the same for the purpose and consideration thereof expressed.GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS _____ DAY OF _______________________ , 2022.________________________________________NOTARY PUBLIC in and for the STATE OF TEXASVAM EASEMENTSThe area or areas shown on the plat as "VAM" (Visibility , Access, and Maintenance) easement(s) are hereby given and granted to the city, itssuccessors and assigns, as an easement to provide visibility, right of access, and maintenance upon and across said VAM easement. The cityshall have the right, but not the obligation, to maintain any and all landscaping within the VAM easement. Should the city exercise thismaintenance right, it shall be permitted to remove and dispose of any and all landscaping improvements, including without limitation, any trees,shrubs, flowers, ground cover, and fixtures. The city may withdraw maintenance of the VAM easement at any time. The ultimate maintenanceresponsibility for the VAM easement shall rest with the owners. No building, fence, shrub, tree, or other improvements or growths, which in anyway endanger or interfere with the visibility, shall be constructed in, on, over, or across the VAM easement. The city shall also have the right, butnot the obligation, to add any landscape improvements to the VAM easement, to erect any traffic control devices or signs on the VAM easement,and to remove any obstruction thereon. The city, its successors, assigns, or agents, shall have the right and privilege at all times to enter upon theVAM easement or any part thereof for the purposes and with all rights and privileges set forth herein.TREE PRESERVATION EASEMENTWithin any 10' tree preservation easement, which is designated as a non-disturbance area, no construction or tree removal shall be allowed.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 or as modified in the future.SURVEYOR'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 theland and that the corner monuments shown thereon were properly placed under my personal supervision, in accordance with the Subdivisionregulations 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 tome to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposeand consideration thereof expressed 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: 469-667-8760OWNERPRELIMINARY PLATLEONARD TRAILS PHASE 1161 RESIDENTIAL LOTS AND 15 COMMON AREA LOTS42.670 ACRES SITUATED IN THEGRANDERSON STARK SURVEY, ABSTRACT NO. 798, CITY OF ANNA, COLLIN COUNTY, TEXASAPRIL 2023SHEET 3 OF 3 Item No. 5.k. City Council Agenda Staff Report Meeting Date: 5/9/2023 Staff Contact: Lauren Mecke AGENDA ITEM: Approve a Resolution regarding the Parks at Hurricane Creek, Preliminary Plat. (Planning Manager Lauren Mecke) SUMMARY: 322 Single-family dwelling, attached lots, 12 common area lots, and one vacant lot on 77.9± acres located on the north side of Farm-to-Market Road 455, 3,830± feet west of Standridge Boulevard. Zoned Planned Development (Ord. No. 1015-2022). The purpose of the Preliminary Plat is to propose right-of-way, lot and block boundaries and easements necessary for the future construction of the single-family residential development. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Preliminary Plat is in conformance with the adopted Planned Development standards and the city’s Subdivision Regulations and Zoning Ordinances. The Planning & 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. The Parks at Hurricane Creek Locator Map 2. RESOLUTION (PP) Parks at Hurricane Creek 3. Exhibit A (PP) Parks at Hurricane Creek TIMBERSHADEDRHIDDENVALLE Y D R COUNTY ROAD 828COWAN RD COUNTYROAD937PR I VAT E ROA D 5 1 2 4 W WHITE ST COUNTY ROAD 287 ROLLING M E ADOW DR LAKESHORE DR RUNN I N G SPRI N G S D R STOCKPO RT DR LOFTWOOD L N ASHBROOKLNBAYBROOKLNVALLEYPINESDRWINDINGCREEKL NBURWICK LNMOR N IN GDEWD R FORESTMANOR LNFOXBRUSHLNP A R K VIE WL N F O R E S T H IL L L N HARDWOODTRLMEADOWSPRINGLNWANDERI NGWAYLAKEFORESTTRLCAPERMEADOWDRTIMBERRIDGEDRNSHADYBRO O K T R L SSTANDRIDGEBLVDW FM 455 RIVE R L A W N D R COUNTY ROAD 827 COUNTY ROAD 288 SSHADYBROOKTRLCOUNTYROAD286CROS S S H O R E D RBROOKSIDELN CREEK MEADOW DR S P I R ITSONGWAYCopyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 900 1,800450 Feet April 2023 H:\Notification Maps\Notification Maps\ Preliminary Plat - The Parks at Hurricane Creek CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE PARKS AT HURRICANE CREEK, PRELIMINARY 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 Regulations”) and Article 9.04 (Zoning Ordinance) of the Anna City Code of Ordinances; and WHEREAS, Charles Covey – LandVest Development, has submitted an application for the approval of The Parks at Hurricane Creek, Preliminary 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 Preliminary Plat The City Council hereby approves The Parks at Hurricane Creek, Preliminary Plat attached hereto as Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 9th day of May, 2023. ATTEST: APPROVED: _____________________________ ____________________________ City Secretary, Carrie L. Land Mayor, Nate Pike CERTIFICATE OF APPROVALApproved this _________ day of _______________________, 20______,by the City Council,City of Anna, Texas.___________________________________________Mayor___________________________________________City SecretaryProperty Owner: Charles CoveyOwner Company: LandVest DevelopmentOwner Address: 704 Central Pkwy E, STE 1220 Plano, TX 75074Phone Number: 903-271-8907Preliminary Platfor inspection purposes only and in no way official or approved for recording purposesSURVEYOR'S CERTIFICATEKNOW ALL MEN BY THESE PRESENTS:That I, ______________________, do hereby certify that I prepared this plat from an actualand accurate survey of the land and that the corner monuments and/or other control shownthereon were properly placed under my personal supervision, in accordance with theSubdivision Regulations of the City of Anna, Texas.___________________________________________Date: ____________, 20_____BEFORE ME, the undersigned authority, on this day personally appeared_____________________ known to be the person whose name is subscribed to the foregoinginstrument, and acknowledged to me that he executed the same for the purposes andconsiderations therein stated.GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _________ day of _________,20_____.___________________________________________Notary Public ______________ County, TexasMy Commission Expires:GENERAL SURVEYOR NOTES:1.Heavy Lines indicate plat limits.2.All streets, alleys and easements within plat limits are herein dedicated, unless notedotherwise.3.All easements herein granted shall entitle the city or the utility company using sucheasements to the right to remove, repair or replace any lines, pipes, conduits, or poleswithin such easements as may be determined by the city or utility company withoutthe city or utility company being responsible or liable for the replacement ofimprovements, paving, or surfacing of the easement necessitated by such repair,removal, or replacement. Easements designated or intended for vehicular passage(utility and emergency) or pedestrian access shall not be fenced or otherwiseobstructed.4.Any relocation or revision of existing facilities shall be at the subdivider's expense.Compensation shall be made prior to the recording of this final plat.5.All existing or proposed utility services to and on tracts indicated by this plat shall becontained in the public right-of-way and public or private utility easements. Utilityservice installation requested at a future date and not within an easement indicated bythis plat, shall be within a proper utility easement granted by the owner of saidproperty by separate recorded instrument prior to the provision of such service. Sucheasements shall be at the expense of the entity requesting such installation.6.Any easements or rights-of-way shown as ‘to be dedicated by separate instrument' areshown on the plat for information purposes only. This plat does not dedicate saideasements.7.The survey information shown hereon was prepared from the result of an on theground survey of the property shown hereon, and has been completed substantially incompliance with the Professional and Technical Standards promulgated by the TexasBoard of Professional Land Surveying Practices Act, Section 663. 13.8.Bearings and Coordinate values shown hereon are based upon the Texas CoordinateSystem, North Central Zone, NAD83 Datum.9.Distances and areas shown hereon are based on horizontal surface measurements inU.S. feet.10.Interior Lot Corners are monumentalized with Set 1/2" Iron Rods with Cap marked"CEC"11.Selling a portion of this addition by metes and bounds is a violation of the citySubdivision Ordinance and State platting statutes and is subject to fines andwithholding of utilities and building certificates.12.Block J, Lot 1X & Lot 2X are 10.00' medians to be owned and maintained by theH.O.A.13.Block H, Lot 6X is a Dog Park out of Block H, Lot 2X. Official design to come at alater date. Official design to come at a later date14.Block H, Lot 7X is a Children's Park out of Block H, Lot 2X. Official design to comeat a later date.VICINITY MAP Engineering and SurveyingPLAT OF SURVEYNOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:THAT _______________________________________________ acting herein by and throughit's duly authorized officers, does hereby adopt this plat designating the hereinabove describedproperty as THE PARKS AT HURRICANE CREEK, an addition to the City of Anna, Texas, anddoes hereby dedicate, in fee simple, to the public use forever, the streets and alleys shownthereon. The streets and alleys are dedicated for street purposes. The easements and public useareas, 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 orplaced upon, over, or across the easements as shown, except that landscape improvements may beplaced in landscape easements, if approved by the City of Anna. In addition, utility easementsmay also be used for the mutual use and accommodation of all public utilities desiring to use orusing 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 publicutility entities shall have the right to remove and keep removed all or parts of any buildings,fences, trees, shrubs, or other improvements or growths which may in any way endanger orinterfere 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 ofingress and egress to or from their respective easements for the purpose of constructing,reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to or removing allor parts of their respective systems without the necessity at any time of procuring permissionfrom anyone.___________________________________________BY:BEFORE ME, the undersigned authority, on this day personally appeared_____________________ known to be the person whose name is subscribed to the foregoinginstrument, and acknowledged to me that he executed the same for the purposes andconsiderations therein stated.GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _________ day of _________,20_____.___________________________________________Notary Public ______________ County, TexasMy Commission Expires:METES AND BOUNDSBEING a 77.87 Acre tract of land out of the John M. Kincade Survey, Abstract 510, andthe John M. Kincade Survey, Abstract 509, Collin County, Texas, and being furtherdescribed by metes and bounds as follows:BEGINNING at a 1/2 Inch Iron Rod Found for the Easternmost Northeast Corner, samebeing the Northeast Corner of said Abstract 510;THENCE South 2°35'46” West - 1187.46 feet along the East line of said Abstract 510 to a1/2 Inch Iron Rod Found for a Corner in the North line of a 21.008 Acre tract as describedin County Clerk File No. 20180925001201240, Official Public Records of Collin County,Texas;THENCE South 89°15'47” West - 368.75 feet along the North line of an 8.81 Acre tract ofland described in County Clerk File No. 20180925001201240, Official Public Records ofCollin County, Texas, to a 1/2 Inch Iron Rod Found for a Corner, same being theNorthwest Corner of said 8.81 Acre Tract;THENCE South 0°17'07” West - 1124.68 feet along the West line of said 8.81 Acre tractof land to a 1/2 Inch Iron Rod Found for the Southernmost Southeast Corner in the NorthRight-of-Way line of West Farm to Market Road 455, as described in Volume 372, Page243, Deed Records of Colin County, Texas, same being the Southwest Corner of said 8.81Acre tract;THENCE South 77°36'44” West - 1028.45 feet along the North Right-of-Way line of saidWest Farm to Marked Road 455 to a Point in the East line of a 63.99 Acre Tract of landdescribed in County Clerk File No. 20140313000236380, Deed Records of Collin County,Texas, for a Corner;THENCE North 3°35'51” East - 14.00 feet along the East line of said 63.99 Acre Tract to aPoint for a Corner, same being the Northwest Corner of said 63.99 Acre Tract of land;THENCE North 86°02'44” West - 501.30 feet along the North line of said 63.99 Acre Tractof land to a Point for a Corner;THENCE North 43°45'42” West - 122.49 feet along the North Right-of-Way line of saidWest Farm to Market Road 455 to a Point for a Corner;THENCE along the meanderings of Hurricane Creek as follows:North 63°48'22” East - 140.02 feet; South 75°15'52” East - 49.90 feet;South 57°40'01” East - 44.20 feet; North 89°44'35” East -107.41 feet;North 48°55'47” East - 103.32 feet; North 64°54'22” East - 74.46 feet;North 62°17'40” East - 124.25 feet; North 14°37'25” East - 95.67 feet;North 32°24'59” East - 54.23 feet; North 12°35'01” West - 51.32 feet;North 9°33'44” West - 110.71 feet; North 32°08'41” East - 77.87 feet;South 83°41'16” East - 102.37 feet; North 73°44'17” East - 93.90 feet;North 16°23'09” East - 115.20 feet; North 52°46'51” East - 88.53 feet;North 35°10'34” West - 93.83 feet; North 22°53'56” West - 103.54 feet;North 8°10'49” West - 94.81 feet; North 6°41'59” East - 127.38 feet;North 1°01”26” West - 93.69 feet; North 7°54'11” East -133.31 feet;North 54°07'55” East - 46.44 feet; North 77°55'55” East - 76.64 feet;North 35°34'32” East - 124.65 feet; North 13°10'23” East - 201.43;North 8°47'00” West - 117.12 feet; North 25°51'33” West - 30.29 feet;South 76°28'10” West - 15.45 feet; North 70°48'08” West - 69.74 feet;North 31°28'47” West - 33.06 feet; North 7°42'31” West - 63.04 feet;North 26°34'16” East - 95.71 feet; North 27°46'48” East - 100.83 feet;North 24°27'12” East - 124.78 feet; North 19°30'50” East - 75.28 feet;North 27°13'42” West - 36.27 feet; North 44°39'25” East - 125.27;North 68°45'17” East - 240.64; North 66°00'28” East - 72.36 feet;North 32°19'14” East - 80.62 feet; North 9°29'38” East - 89.76 feet;North 2°15'59” West -150.07 feet; North 32°04'55” East - 70.96 feet;North 38°58'59” East -64.23 feet; North 36°54'36” East - 65.70 feet;North 9°17'23” East -55.85 feet; North 31°59'30” West - 82.42 feet;North 70°19'08” West - 56.76 feet; North 63°13'36” West -83.18 feet;North 43°48'06” West -97.72 feet; North 57°26'31” West - 73.98 feet;North 37°46'17” West -109.38 feet; North 25°54'04” West - 85.00 feet;North 21°38'08” West -91.88 feet; North 1°04'43” West - 120.37 feet;North 27°24'33” West - 128.59 feet; North 20°33'51” West - 113.81 feet;North 7°00'30” West - 64.14 feet; North 8°40'56” East - 81.41 feet;North 51°45'30” East -126.70 feet; North 63°47'34” East -111.19 feet;North 53°45'51” East - 113.07 feet; North 57°55'41” East - 151.71 feet;North 81°30'02” East - 209.84 feet;THENCE North 67°16'35” East - 92.02 feet to a Point for a Corner in the West line of a262.04 Acre Tract of land described in County Clerk File No. 20150529000631020,Official Public Records of Collin County, Texas, same being the Northwest Corner of said262.04 Acre Tract;THENCE South 1°42'14” West - 1900.42 feet along the West line of said 262.04 AcreTract to a 1/2 Inch Iron Rod Found for a Corner;THENCE South 24°14'34” East - 75.83 feet to a 1/2 Inch Iron Rod Found for a Corner inthe North line of said John M. Kincade Survey, Abstract 510;THENCE South 89°28'30” East - 349.90 feet along the North line of said John M. KincadeSurvey, Abstract 510, to the POINT OF BEGINNING and containing within these calls acalculated area of 77.87 Acres (3392227.02 sqft) more or less.ACCESS EASEMENTThe undersigned does covenant and agree that the access easement may be utilized by any personor the general public for ingress and egress to other real property, and for the purpose of generalpublic vehicular and pedestrian use and access, 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 ofAnna, its agents, employees, workmen, and representatives having ingress, egress, and regress in,along, upon, and across said premises.___________________________________________BY:BEFORE ME, the undersigned authority, on this day personally appeared_____________________ known to be the person whose name is subscribed to the foregoinginstrument, and acknowledged to me that he executed the same for the purposes andconsiderations therein stated.GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _________ day of _________,20_____.___________________________________________Notary Public ______________ County, TexasMy Commission Expires:DRAINAGE AND DETENTION EASEMENTSTATE OF __________COUNTY OF __________CITY OF __________This 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, granteesand successors:The portion of Block 1, as shown on the plat is called “Drainage and DetentionEasement.” The Drainage and Detention Easement within the limits of this addition, will remainopen at all times and will be maintained in a safe and sanitary condition by the owners of the lotor lots that are traversed by or adjacent to the Drainage and Detention Easement. The City willnot be responsible for the maintenance and operation of said Easement or for any damage toprivate property or person that results from conditions in the Easement, or for the control oferosion. No obstruction to the natural flow of storm water run-off shall be permitted byconstruction of any type of building, fence, or any other structure within the Drainage andDetention Easement as hereinabove defined, unless approved by the City Engineer. Provided,however, it is understood that in the event it becomes necessary for the City to erect or considererecting any type of 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 Detention Easement atany point, or points, to investigate, survey or to erect, construct and maintain any drainage facilitydeemed necessary for drainage purposes. Each property owner shall keep the Drainage andDetention Easement clean and free of debris, silt, and any substance which would result inunsanitary conditions or obstruct the flow of water, and the City shall have the right of ingressand egress for the purpose of inspection and supervision of maintenance work by the propertyowner to alleviate any undesirable conditions which may occur. The natural drainage through theDrainage and Detention Easement is subject to storm water overflow and natural bank erosion toan extent which cannot be definitely defined. The City shall not be held liable for any damages ofany nature resulting from the occurrence of these natural phenomena, or resulting from the failureof any structure, or structures, within the Easement.___________________________________________BY:BEFORE ME, the undersigned authority, on this day personally appeared_____________________ known to be the person whose name is subscribed to the foregoinginstrument, and acknowledged to me that he executed the same for the purposes andconsiderations therein stated.GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _________ day of _________,20_____.___________________________________________Notary Public ______________ County, TexasMy Commission Expires:FIRE LANE EASEMENTThat the undersigned does hereby covenant and agree that he (they) shall construct upon the firelane easements, as dedicated and shown hereon, a hard surface and that he (they) shall maintainthe same in a state of good repair at all times and keep the same free and clear of any structures,fences, trees, shrubs, or other improvements or obstruction, including but not limited to theparking of motor vehicles, trailers, boats, or other impediments to the access of fire apparatus.The maintenance of paving on the fire lane easements is the responsibility of the owner, and theowner shall post and maintain appropriate signs in conspicuous places along such fire lanes,stating “Fire Lane, No Parking.” The police or his duly authorized representative is herebyauthorized to cause such fire lanes and utility easements to be maintained free and unobstructed atall times for Fire Department and emergency use.___________________________________________BY:BEFORE ME, the undersigned authority, on this day personally appeared_____________________ known to be the person whose name is subscribed to the foregoinginstrument, and acknowledged to me that he executed the same for the purposes andconsiderations therein stated.GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _________ day of _________,20_____.___________________________________________Notary Public ______________ County, TexasMy Commission Expires:HEALTH DEPARTMENT CERTIFICATIONI hereby certify that the on-site sewage facilities described on this plat conform to the applicableOSSF laws of the State of Texas, that site evaluations have been submitted representing the siteconditions in the area in which on-site sewage facilities are planned to be used.___________________________________________Registered Sanitarian of Designated RepresentativeCollin County Development ServicesVAM 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 an easement toprovide visibility, right of access, and maintenance upon and across said VAM easement. Thecity shall have the right, but not the obligation, to maintain any and all landscaping within theVAM easement. Should the city exercise this maintenance right, it shall be permitted to removeand dispose of any and all landscaping improvements, including without limitation, any trees,shrubs, flowers, ground cover, and fixtures. The city may withdraw maintenance of the VAMeasement at 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 anyway endanger or interfere with the visibility, shall be constructed in, on, over, or across the VAMeasement. The city shall also have the right, but not the obligation, to add any landscapeimprovements to the VAM easement, to erect any traffic control devices or signs on the VAMeasement, and to remove any obstruction thereon. The city, its successors, assigns, or agents, shallhave the right and privilege at all times to enter upon the VAM easement or any part thereof forthe purposes and with all rights and privileges set forth herein.___________________________________________BY:BEFORE ME, the undersigned authority, on this day personally appeared_____________________ known to be the person whose name is subscribed to the foregoinginstrument, and acknowledged to me that he executed the same for the purposes andconsiderations therein stated.GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _________ day of _________,20_____.___________________________________________Notary Public ______________ County, TexasMy Commission Expires:Page 1 of 5Approx FEMA Zone XWest F.M. 455(Existing 80' R.O.W.)V372, P2433.99 AcresHurricane Creek BLOCK GBLOCK FBLOCK ABLOCK BBLOCK XBLOCK CBLOCK DBLOCK EBLOCK IBLOCK XBLOCK XBLOCK XBLOCK X± 15.14 AcresUnsubdividedKCKM Properties LLCCCFN: 20120328000359310± 262.04 Acres Unsubdivided CADG Hurricane Creek LLC CCFN: 20150529000631020 ± 21.008 AcresUnsubdividedSunlit Holdings LLCCCFN: 20180925001201240± 26.39 AcresUnsubdividedMichael Jake HendricksV.2825/P.366± 43.88 AcresUnsubdividedYn LLCCCFN: 20180827001077280± 15.14 AcresUnsubdividedEden Kirk & ReneeCCFN: 20070531000735190± 33.23 AcresUnsubdividedBlue Spruce LLCCCFN: 20200616000906060POINT OF BEGINNINGSame being the Northeast Corner of theJohn M. Kincade Survey, Abstract 510Hurricane Creek Hurricane Creek Hurricane Creek Hurricane CreekExisting 170' Texas Power& Light Company EasementV.754/P.378± 8.81 AcresUnsubdividedSunlit Holdings LLCCCFN: 20180925001201240Approx FEMA Zone AApprox FEMA Zone AApprox FEMA Zone XApprox FEMA Zone AApprox FEMA Zone XBLOCK XBLOCK XBLOCK XBLOCK XBLOCK XBLOCK X± 124.87 Acres Unsubdivided Cadg Hurricane Creek LLC CCFN: 20150529000631020RIGHT-OF-WAYHEREINDEDICATEDPhase 3 LinePhase 2 LinePhase 2 LinePhase 1 LineVAM EasementHerein DedicatedVAM EasementHerein DedicatedBLOCK XEXHIBIT A1 OF 5P&Z COMMISSIONCITY OF ANNA APPROVED MAY 9, 2023CITY COUNCIL CITY OF ANNA APPROVED MAY 1, 2023 Property Owner: Charles CoveyOwner Company: LandVest DevelopmentOwner Address: 704 Central Pkwy E, STE 1220 Plano, TX 75074Phone Number: 903-271-8907Preliminary Platfor inspection purposes only and in no way official or approved for recording purposes Engineering and SurveyingPg. 2 -Detail APage 2 of 5Match Line Pg. 2Match Line Pg. 3Match Line Pg. 2Match Line Pg. 3 BLOCK GBLOCK FBLOCK XBLOCK XBLOCK XBLOCK XBLOCK XBLOCK CBLOCK DBLOCK EMatch Line Pg. 2Match Line Pg. 2 Detail AMcKinney Falls Drive50' R.O.W.Herein DedicatedC a d d o L a k e L a n e50' R.O.W.Herein Dedicated L o s t M a p l e s L a n e 50' R.O.W. Herein Dedicated C a p r o c k C a n y o n D r i v e50' R.O.W.Herein Dedicated South Llano Lane50' R.O.W.Herein DedicatedLost Pines Lane50' R.O.W.Herein DedicatedS e m i n o l e C a n y o n D r i v e 50' R.O.W. Herein DedicatedLot 37X0.48 Ac20730.81 SqftLot 37X0.48 Ac20730.81 SqftLot 37X0.48 Ac20730.81 SqftMatch Line Pg. 2 Detail A Match Line Pg. 3 BLOCK XMatch Line Pg. 3Match Line Pg. 4Match Line Pg. 2 Detail AMatch Line Pg. 4BLOCK XMatch Line Pg. 2Match Line Pg. 2 Detail AEXHIBIT A2 OF 5P&Z COMMISSIONCITY OF ANNA APPROVED MAY 9, 2023CITY COUNCIL CITY OF ANNA APPROVED MAY 1, 2023 Property Owner: Charles CoveyOwner Company: LandVest DevelopmentOwner Address: 704 Central Pkwy E, STE 1220 Plano, TX 75074Phone Number: 903-271-8907Preliminary Platfor inspection purposes only and in no way official or approved for recording purposes Engineering and SurveyingPage 3 of 5Match Line Pg. 2Match Line Pg. 3Match Line Pg. 2Match Line Pg. 3Match Line Pg. 2 Detail AMatch Line Pg. 3Match Line Pg. 3Match Line Pg. 4Match Line Pg. 3Match Line Pg. 4BLOCK CBLOCK DBLOCK EBLOCK XBLOCK XBLOCK XMcKinney Falls Drive50' R.O.W.Herein DedicatedC a d d o L a k e L a n e50' R.O.W.Herein DedicatedCaprock C a n y o n D r i v e50' R.O.W.Herein Dedicated L o s t M a p l e s L a n e 50' R.O.W. Herein Dedicated C o l o r a d o B e n d D r i v e 50' R.O.W. Herein DedicatedPalo Duro Drive50' R.O.W.Herein DedicatedEXHIBIT A3 OF 5P&Z COMMISSIONCITY OF ANNA APPROVED MAY 9, 2023CITY COUNCIL CITY OF ANNA APPROVED MAY 1, 2023 Property Owner: Charles CoveyOwner Company: LandVest DevelopmentOwner Address: 704 Central Pkwy E, STE 1220 Plano, TX 75074Phone Number: 903-271-8907Preliminary Platfor inspection purposes only and in no way official or approved for recording purposes Engineering and SurveyingPage 4 of 5Match Line Pg. 3Match Line Pg. 4Match Line Pg. 3Match Line Pg. 4Match Line Pg. 2 Detail AMatch Line Pg. 4BLOCK XBLOCK ABLOCK BBLOCK XBLOCK XBLOCK XBLOCK IMatch Line Pg. 4Match Line Pg. 5Block JLot 1X10.00' Median Owned andMaintained by HOAEnchanted Rock Road50' R.O.W.Herein DedicatedB i g B e n d D r i v e 50' R.O.W. Herein Dedicated G u a d a l u p e L a n e50' R.O.W.Herein Dedicated B r a z o s B e n d D r i v e 41' R.O.W. Herein Dedicated EXHIBIT A4 OF 5P&Z COMMISSIONCITY OF ANNA APPROVED MAY 9, 2023CITY COUNCIL CITY OF ANNA APPROVED MAY 1, 2023 Property Owner: Charles CoveyOwner Company: LandVest DevelopmentOwner Address: 704 Central Pkwy E, STE 1220 Plano, TX 75074Phone Number: 903-271-8907Preliminary Platfor inspection purposes only and in no way official or approved for recording purposes Engineering and SurveyingPage 5 of 5BLOCK XBLOCK IMatch Line Pg. 4Match Line Pg. 5VAM EasementHerein DedicatedVAM EasementHerein DedicatedB i g B e n d D r i v e 80' R.O.W . Herein D e d i c a t e d EXHIBIT A5 OF 5P&Z COMMISSIONCITY OF ANNA APPROVED MAY 9, 2023CITY COUNCIL CITY OF ANNA APPROVED MAY 1, 2023 Item No. 5.l. City Council Agenda Staff Report Meeting Date: 5/9/2023 Staff Contact: Lauren Mecke AGENDA ITEM: Approve a Resolution regarding the DP McKinney RV Park Addition, Block A, Lot 1, Development Plat. (Planning Manager Lauren Mecke) SUMMARY: One lot on 75.5± acres located on the east side of Bourland Bend, 3,200± feet south of Cowan Road. Located in the Extraterritorial Jurisdiction (ETJ). FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Development Plat is in conformance with the city’s Subdivision Regulations. The Planning & Zoning Commission recommended approval subject to additions and/or alterations to the engineering plans as required by the Public Works Department and the on-site sewage facility review by Collin County Development Services. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. DP McKinney RV Park Addition, Block A, Lot 1 Locator Map 2. RESOLUTION (FP) DP McKinney RV Park Addition, Block A, Block 1 3. Exhibit A (FP) DP McKinney RV Park Addn, BL A, Lt 1 DIAMOND J RD BOURLANDBNDCOUNTYROAD285 Copyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 700 1,400350 Feet April 2023 H:\Notification Maps\Notification Maps\ Final Plat - DP McKinney RV Park Addition, Block A, Lot 1 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING DP MCKINNEY RV PARK 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, DP McKinney TV LP has submitted an application for the approval of the DP McKinney RV Park 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 DP McKinney RV Park 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 and the on-site sewage facility review by Collin County Development Services. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 9th day of May, 2023. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie L. Land Mayor, Nate Pike ANNAFINAL PLAT ANNAFINAL PLAT ANNAMayor City of Anna, TexasFINAL PLATAnna,City of Anna, Texas Item No. 5.m. City Council Agenda Staff Report Meeting Date: 5/9/2023 Staff Contact: Lauren Mecke AGENDA ITEM: Approve a Resolution regarding the Twin Creeks Addition, Block A, Lot 50R, Final Plat. (Planning Manager Lauren Mecke) SUMMARY: One lot on 10.0± acres located on the south side of Twin Creeks Circle, 720± feet east of Gleason Lane. Located in the Extraterritorial Jurisdiction (ETJ). The purpose for the Final Plat is to dedicate 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 & Zoning Commission recommended approval subject to additions and/or alterations to the engineering plans as required by the Public Works Department and the on-site sewage facility review by Collin County Development Services. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Twin Creeks Addition, Block A, Lot 50R Locator Map 2. RESOLUTION (FP) Twin Creeks Addition, Block A, Lot 50R 3. Exhibit A (FP) TWIN CREEKS ADDITION, BLOCK A, LOT 50R M ARVINGA R D E NSTRL ATLANTI CAVEPACI FI CAVEQUAILCREEKRUNW FOSTER CROSSING RD TW I N C R E E K S C IR BURL LN FLOWER LNLUSCOMBE LN COUNTYROAD91 6PECAN GROVE DR VENTNOR AVE L ESLIELNSAINT JAME S PLACE LN CAROL LNGLEASONLN Copyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 500 1,000250 Feet April 2023 H:\Notification Maps\Notification Maps\ Final Plat - Twin Creeks Addition, Block A, Lot 50R CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING TWIN CREEKS ADDITION, BLOCK A, LOT 50R, 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, Petronilo Zapata has submitted an application for the approval of the Twin Creeks Addition, Block A, Lot 50R, 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 Twin Creeks Addition, Block A, Lot 50R, Final Plat attached hereto as Exhibit A, subject to additions and/or alterations to the engineering plans as required by the Public Works Department and the on-site sewage facility review by Collin County Development Services. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 9th day of May, 2023. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie L. Land Mayor, Nate Pike N73° 12' 50"E304.17' S07° 39' 47" W 1503.33'N87° 37' 38"W265.97'36.05'N07° 40' 11" E 1390.28'28.74 'S89° 53' 54"WN62° 30 ' 00 "E L2 L4 L1600 HIDDEN RIDGEIRVING, TX 75038PHONE: (678) 339-4247FAX: (972) 718-1967PURPOSE: THE PURPOSE OF THIS REPLAT IS TO DEFINE THE ADDITION OF A CELLTOWER LEASE (PREMISES) AND EASEMENT FOR VERIZON WIRELESS LOCATED ON ANEXISTING PROPERTY.PLAT/REPLAT TYPE: CELL TOWER LEASE (PREMISES) & EASEMENT ADDITION.VERIZON PROJECT NAME: SLAYTER CREEKGROSS ACREAGE: 9.993-ACRE TRACTPROPOSED TOWER LEASE ACREAGE: 0.0574 ACRE (50'x50')PROPOSED EASEMENT ACREAGE: 0.2389 ACRES (30' WIDE ACCESS, UTILITY & FIBEREASEMENT)PROPERTY OWNER: PETRONILO ZAPATA 9898 TWIN CREEKS CIR ANNA, TX 75409 469-939-29363D DESIGN & ENGINEERING INC.DEPARTMENT OF SURVEYING21502 E WINTER VIOLET CTCYPRESS, TX. 77433PHONE: 832-510-9621www.3ddne.comINFO@3DDNE.COMTEXAS REGISTRATION NO. 10194603SCALE: 1" = 100'100'050'100'GRAPHIC SCALELESSEE'S PREMISES INFORMATIONLATITUDELONGITUDEELEVATION33.325814°-96.580306°613.0' AMSLLESSEE'S PROPOSED 50'X50' PREMISES DESCRIPTION:BEING A LESSEE'S PROPOSED 50'X50' PREMISES CONTAINING 0.0574 ACRES (2,500.00 SQUARE FEET) LOCATEDIN THE EZRA SHELBY SURVEY, ABSTRACT NO. 839, COLLIN COUNTY, TEXAS, AND BEING OUT OF AND PART OFA 9.993-ACRE TRACT CONVEYED TO PETRONILO ZAPATA AND ALEJANDRINA ZAPATA AS RECORDED IN FILENUMBER 20111128001279630 OF THE OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS, SAID 0.0574-ACRETRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS WITH ALL CONTROLREFERRED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE (4202), NORTHAMERICAN DATUM OF 1983:COMMENCING AT A FOUND 1/2” IRON ROD WITH A YELLOW CAP STAMPED "RPLS 4613", LYING IN THENORTHERLY RIGHT-OF-WAY LINE OF TWIN CREEKS CIRCLE (60' WIDE), AND HAVING A STATE PLANECOORDINATE VALUE OF X=2,554,741.06 (E), Y=7,171,049.27 (N);THENCE SOUTH 07 DEGREES 18 MINUTES 47 SECONDS EAST, 382.82 FEET TO THE POINT OF BEGINNING ANDNORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT, HAVING A STATE PLANE COORDINATE VALUE OFX=2,554,789.79 (E), Y=7,170,669.56 (N);THENCE SOUTH 87 DEGREES 11 MINUTES 27 SECONDS EAST, 50.00 FEET TO THE NORTHEAST CORNER OF THEHEREIN DESCRIBED TRACT;THENCE SOUTH 02 DEGREES 48 MINUTES 33 SECONDS WEST, 50.00 FEET TO THE SOUTHEAST CORNER OF THEHEREIN DESCRIBED TRACT;THENCE NORTH 87 DEGREES 11 MINUTES 27 SECONDS WEST, 50.00 FEET TO THE SOUTHWEST CORNER OFTHE HEREIN DESCRIBED TRACT;THENCE NORTH 02 DEGREES 48 MINUTES 33 SECONDS EAST, 50.00 FEET TO THE POINT OF BEGINNING,CONTAINING 0.0574 ACRES (2,500.00 SQUARE FEET) OF LAND.LESSEE'S PROPOSED 30' WIDE ACCESS, UTILITY, AND FIBER EASEMENT DESCRIPTION:BEING A LESSEE'S PROPOSED 30' WIDE ACCESS, UTILITY, AND FIBER EASEMENT CONTAINING 0.2389 ACRES(10,407.70 SQUARE FEET) LOCATED IN THE EZRA SHELBY SURVEY, ABSTRACT NO. 839, COLLIN COUNTY, TEXAS,AND BEING OUT OF AND PART OF A 9.993-ACRE TRACT CONVEYED TO PETRONILO ZAPATA AND ALEJANDRINAZAPATA AS RECORDED IN FILE NUMBER 20111128001279630 OF THE OFFICIAL PUBLIC RECORDS OF COLLINCOUNTY, TEXAS, SAID 0.2389 -ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDSAS FOLLOWS WITH ALL CONTROL REFERRED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, NORTHCENTRAL ZONE (4202), NORTH AMERICAN DATUM OF 1983:COMMENCING AT A FOUND 1/2” IRON ROD WITH A YELLOW CAP STAMPED "RPLS 4613", LYING IN THENORTHERLY RIGHT-OF-WAY LINE OF TWIN CREEKS CIRCLE (60' WIDE), AND HAVING A STATE PLANECOORDINATE VALUE OF X=2,554,741.06 (E), Y=7,171,049.27 (N);THENCE SOUTH 60 DEGREES 46 MINUTES 14 SECONDS EAST, 80.04 FEET TO THE POINT OF BEGINNING ANDNORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT, LYING IN THE SOUTHERLY RIGHT-OF-WAY LINE OFSAID TWIN CREEK CIRCLE, COMMON WITH THE NORTHERLY LINE OF SAID 9.993-ACRE TRACT, AND HAVING ASTATE PLANE COORDINATE VALUE OF X=2,554,810.91 (E), Y=7,171,010.19 (N);THENCE NORTH 72 DEGREES 05 MINUTES 18 SECONDS EAST, 32.07 FEET ALONG SAID COMMON LINE, TO THENORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT;THENCE SOUTH 02 DEGREES 48 MINUTES 33 SECONDS WEST, 352.60 FEET TO THE SOUTHEAST CORNER OFTHE HEREIN DESCRIBED TRACT;THENCE NORTH 87 DEGREES 11 MINUTES 27 SECONDS WEST, 30.00 FEET TO THE SOUTHWEST CORNER OFTHE HEREIN DESCRIBED TRACT;THENCE NORTH 02 DEGREES 48 MINUTES 33 SECONDS EAST, 341.25 FEET TO THE POINT OF BEGINNING,CONTAINING 0.2389 ACRES (10,407.70 SQUARE FEET) OF LAND.GENERAL NOTES:1.ALL BEARINGS ARE GRID BEARINGS BASED ON TEXAS STATE PLANE COORDINATE SYSTEM, NORTHCENTRAL ZONE (4202), NORTH AMERICAN DATUM OF 1983 AND ARE ROUNDED TO THE NEAREST SECOND.ALL DISTANCES ARE REPRESENTED IN GRID VALUES, BASED ON SAID HORIZONTAL DATUM AND AREMEASURED IN US SURVEY FEET TO THE NEAREST HUNDREDTH OF FOOT.2.ELEVATIONS ARE BASED ON THE NORTH AMERICAN VERTICAL DATUM OF 1988 (GEOID18) AND AREDETERMINED TO THE NEAREST TENTH OF FOOT.3.PROVIDED ELEVATIONS, LATITUDE AND LONGITUDE VALUES ARE FROM GPS OBSERVATIONS (TYPE OFEQUIPMENT: TRIMBLE R2-TDC600, DATE OF SURVEY: 07/22/2022).4.BASIS OF BEARING: GPS OBSERVATIONS CONDUCTED AT THE TIME OF THE SURVEY.5.BASIS OF ELEVATION: GPS OBSERVATIONS CONDUCTED AT THE TIME OF THE SURVEY.6.THIS SURVEY DOES NOT REPRESENT A BOUNDARY SURVEY AND NO BOUNDARY SURVEY OF THE PARENTTRACT WAS PERFORMED.7.THIS SURVEY CONTAINS A PLAT AND METES & BOUNDS DESCRIPTIONS FOR A LESSEE'S PROPOSED 50'X50'PREMISES AND A LESSEE'S PROPOSED 30' WIDE ACCESS, UTILITY, AND FIBER EASEMENT THAT WEREPREPARED FOR THE EXCLUSIVE USE OF VERIZON AND EXCLUSIVELY FOR THE TRANSFER OF THE LESSEE'SPREMISES SHOWN HEREON. THE LESSEE'S PROPOSED 50'X50' PREMISES AND THE PROPOSED LESSEE'S 30'WIDE ACCESS, UTILITY, AND FIBER EASEMENT WILL NOT BE MONUMENTED.8.A TEMPORARY BENCHMARK HAS BEEN SET UP FOR CONSTRUCTION PURPOSES.9.THIS SURVEY WAS BASED ON INFORMATION FOUND IN THE REPORT OF TITLE ISSUED BY FIDELITYNATIONAL TITLE INSURANCE COMPANY, FILE NO. 37624289, SITE NAME: SLAYTER CREEK, ISSUE DATE:AUGUST 10, 2022.10.NO WETLAND AREAS HAVE BEEN INVESTIGATED BY THIS SPECIFIC SURVEY.11.UTILITY EASEMENTS AS SHOWN HEREON ARE BASED ON FIELD OBSERVATIONS CONDUCTED ON 07/22/2022.UNDERGROUND UTILITIES MAY EXIST AND WERE NOT PHYSICALLY LOCATED AS A PART OF THIS SURVEY.12.AT THE TIME OF THE SURVEY, THE LESSEE'S PROPOSED 50'X50' PREMISES AND THE LESSEE'S PROPOSED30' WIDE ACCESS, UTILITY, AND FIBER EASEMENT LIED WITHIN AN UNSHADED AREA OF MINIMAL FLOODHAZARD ZONE X ACCORDING TO FEMA FIRM PANEL MAP NUMBER 48085C0155J, EFFECTIVE 06/02/2009(COLLIN COUNTY, TEXAS).13.ACCESS EASEMENT TO MEET FIRE LANE STANDARDS; MINIMUM 24'.EASEMENTS:NO EASEMENTS WERE LISTED IN THE REPORT OF TITLE ISSUED BY FIDELITY NATIONAL TITLE INSURANCECOMPANY, FILE NO. 37624289, SITE NAME: SLAYTER CREEK, ISSUE DATE: AUGUST 10, 2022.NOTICE: SELLING A PORTION OF THIS ADDITION BY METES AND BOUNDS IS A VIOLATION OF THE CITYSUBDIVISION ORDINANCE AND STATE PLATTING STATUTES AND IS SUBJECT TO FINES AND WITHHOLDING OFUTILITIES AND BUILDING CERTIFICATES.VICINITY MAP (N.T.S.)SITE LOCATIONOVERALL PROPERTYTWIN CREEKS CIRCLE(60' PUBLIC ROW)PETRONILO ZAPATAAND ALEJANDRINA ZAPATA9.993-ACRE TRACTFN 20111128001279630O.P.R.C.C.T.LOT 50TWIN CREEKS (UNRECORDED PLAT)PARCEL ID: 1012451LESSEE'S PROPOSED 50' X 50' PREMISES(BY THIS PLAT)LESSEE'S PROPOSED30' ACCESS, UTILITY & FIBEREASEMENT (BY THIS PLAT)EX. HIGH BANKLESSEE EASEMENTEX. MESH WIRE FENCEEX. PROPERTY LINEEX. EASEMENTEX. B.W. FENCEEX. UTILITY POLELESSEE LEASE AREAEX. WOOD FENCELEGENDEX. TELCO PEDESTALEX. TREEEX. MANHOLEEX. HEAVILY WOODED AREAABBREVIATIONSAMSLB.L.B.W.C.L.D.E.EX.FNI.P.I.R.O.P.R.C.C.T.POBPOCOHSTM.S.E.S.S.E.TBMTYP.U.E.W.L.E.AVERAGE MEAN SEA LEVELBUILDING LINEBARBED WIRECHAINLINKDRAINAGE EASEMENTEXISTINGFILE NUMBERIRON PIPEIRON RODOFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXASPOINT OF BEGINNINGPOINT OF COMMENCEMENTOVERHEADSTORM SEWER EASEMENTSANITARY SEWER EASEMENTTEMPORARY BENCHMARKTYPICALUTILITY EASEMENTWATER LINE EASEMENTL7GLEASON PAMELA10.000-ACRE TRACTFN 20071203001613340O.P.R.C.C.T.LOT 51TWIN CREEKS (UNRECORDED PLAT)PARCEL ID:1845819THOMAS JAN ELAINEFN 20060119000075290O.P.R.C.C.T.LOT 49TWIN CREEKS(UNRECORDED PLAT)PARCEL ID: 2510780LINE TABLELINE #L1L2L3L4L5L6L7L8DISTANCE50.00'50.00'50.00'50.00'32.07'352.60'30.00'341.25'BEARINGS87° 11' 27"ES02° 48' 33"WN87° 11' 27"WN02° 48' 33"EN72° 05' 18"ES02° 48' 33"WN87° 11' 27"WN02° 48' 33"EL3POBL6 L8 L5POBPOCFND 1/2" I.R.W/CAP "RPLS 4613"S60° 46' 14"E80.04'S07° 18' 47"E382.82'STATE OF TEXAS:COUNTY OF COLLIN:BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR COLLIN COUNTY, TEXAS,PERSONALLY APPEARED THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE FOREGOING INSTRUMENTAND THEY ACKNOWLEDGED SAME FOR THE PURPOSES AND CONSIDERATIONS THEREIN EXPRESSED AND INTHE CAPACITY INDICATED HEREIN.GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS _______ DAY OF __________, 20 ________________________________________________________________________________________________NOTARY PUBLIC IN AND FOR COLLIN COUNTY, TEXASCERTIFICATE OF APPROVALAPPROVED ON THIS THE _______ DAY OF __________, 20 ___________ BY THE CITY COUNCIL, CITY OF ANNA, TEXAS._______________________________________________________________________________________MAYOR_______________________________________________________________________________________CITY SECRETARYOWNER'S CERTIFICATION:WHEREAS PETRONILO ZAPATA AND ALEJANDRIA ZAPATA ARE THE OWNERS OF A 9.993-ACRE TRACT LOCATEDIN THE EZRA SHELBY SURVEY, ABSTRACT NO. 839, COLLIN COUNTY, TEXAS, AS RECORDED IN FILE NUMBER20111128001279630 OF THE OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS, AND BEING DEFINED AS:BEING A SURVEY OF THE 10.000 ACRE TRACT DESCRIBED IN A DEED FROM PAUL THOMAS AND JAN THOMASTO J. MONROE GLEASON AND WIFE, PAMELA J. GLEASON, DATED JUNE 8, 2005, RECORDED IN VOLUME 5940,PAGE 2341 OF THE COLLIN COUNTY DEED RECORDS, BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS:BEGINNING AT A 1/2-INCH IRON PIN FOUND AT THE NORTHEAST CORNER OF SAID 10.000 ACRE TRACT, IN THESOUTH RIGHT-OF-WAY LINE OF TWIN CREEKS CIRCLE (ASPHALT ROAD);THENCE SOUTH 07°39'47 WEST, WITH THE EAST LINE OF SAID 10.000 ACRE TRACT AND GENERALLY NEAR AFENCE, 1503.33 FEET TO A 3/4 -INCH IRON PIN FOUND AT THE SOUTHEAST CORNER OF SAID 10.000 ACRETRACT;THENCE WESTERLY WITH THE SOUTH LINE OF SAID 10.000 ACRE TRACT AS FOLLOWS:NORTH 87°37'38” WEST, 265.97 FEET TO AN OLD FENCE POST FOUND;SOUTH 89°53'54” WEST, 36.05 FEET TO A 3/4-INCH IRON PIN FOUND AT THE SOUTHWEST CORNER OF SAID10.000 ACRE TRACT;THENCE NORTH 07°40'11” EAST WITH THE WEST LINE OF SAID 10.000 ACRE TRACT AND GENERALLY NEAR AFENCE, 1390.28 FEET TO A 1/2-INCH IRON PIN FOUND AT THE NORTHWEST CORNER OF SAID 10.000 ACRETRACT, IN THE SOUTH RIGHT-OF-WAY LINE OF TWIN CREEKS CIRCLE;THENCE EASTERLY WITH THE SOUTH RIGHT-OF-WAY LINE OF SAID TWIN CREEKS CIRCLE AND WITH THENORTH LINE OF SAID 10.000 ACRE TRACT AS FOLLOWS:NORTH 62°30'00” EAST, 28.74 FEET TO A 1/2-INCH IRON PIN SET;NORTH 73°12'50” EAST, 304.17 FEET TO THE PLACE OF BEGINNING AND CONTAINING 9.993 ACRES, MORE ORLESS.NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS,THAT PETRONILO ZAPATA AND ALEJANDRIA ZAPATA ACTING HEREIN AND THROUGH ITS DULY AUTHORIZEDOFFICERS, DO HEREBY CERTIFY AND ADOPT THIS PLAT DESIGNATING THE HEREIN ABOVE DESCRIBED ASTWIN CREEKS ADDITION, LOT 50R, BLOCK A, AN ADDITION OF COLLIN COUNTY AND DO HEREBY DEDICATE TOTHE PUBLIC USE FOREVER, THEIR STREET, AND EASEMENTS AS SHOWN.____________________________________________________________________________________________PETRONILO ZAPATAWITNESS, MY HAND, THIS _______________ DAY OF ______________________________ 20______________BY:AUTHORIZED SIGNATURE.PRINTED NAME AND TITLE.SUBSCRIBED AND SWORN TO BEFORE ME THIS ________________ DAY OF _________________20____________________________________________________________________________________________________NOTARY PUBLIC, STATE OF TEXASMY COMMISSION EXPIRES:_________________________________________________________________________________________________________________________________________________________________ALEJANDRIA ZAPATAWITNESS, MY HAND, THIS _______________ DAY OF ______________________________ 20______________BY:AUTHORIZED SIGNATURE.PRINTED NAME AND TITLE.SUBSCRIBED AND SWORN TO BEFORE ME THIS ________________ DAY OF _________________20____________________________________________________________________________________________________NOTARY PUBLIC, STATE OF TEXASMY COMMISSION EXPIRES:_____________________________________________________________________SURVEYOR'S CERTIFICATE:I, HELENE LECOANET, REGISTERED PROFESSIONAL LAND SURVEYOR, STATE OF TEXAS, HEREBY CERTIFYTHAT THE DESCRIPTION AND PLAT HEREON ARE TAKEN FROM ACTUAL MEASUREMENTS UPON THE GROUNDAND ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF THIS 25TH DAY OF APRIL 2023,AND THE MONUMENTS SHOWN THEREON HAVE BEEN FOUND OR SET BY ME AND THEIR LOCATION, SIZE ANDMATERIAL DESCRIBED ARE CORRECTLY SHOWN.___________________________________________________HELENE LECOANET, R.P.L.S. 656730' ROW DEDICATION (0.226 ACRES)FN 20220324010001130, O.P.R.C.C.T.LUSCOMBE FAMILY TRUST THE &TRUST B CREDIT SHELTER TRUST30.6760-ACRE TRACTFN 20101227001420450O.P.R.C.C.T.PARCEL ID: 2522734CITY OF ANNAPECAN GROVE PHASE 1 (CAN),BLK A, LOT 1; PARK & DRAINAGEO.P.R.C.C.T.PARCEL ID: 2578021JURADO JOSE SAMUELORDONEZ &MARGARITA RODRIGUEZ &MARIA DE LOS ANGELESORDONEZ JURADOFN 20220324010001130O.P.R.C.C.T.PARCEL ID: 2854498 &2854500MATA FREDERICO & MARTHAFN 20161109001527840O.P.R.C.C.T.LOT 32 & 31BTWIN CREEKS (UNRECORDED)PARCEL ID: 2627553TWIN CREEKS ADDITIONLOT 50R, BLOCK AP&Z COMMISSIONCITY OF ANNA APPROVED MAY 9, 2023CITY COUNCIL CITY OF ANNA APPROVED MAY 1, 2023 Item No. 5.n. City Council Agenda Staff Report Meeting Date: 5/9/2023 Staff Contact: Lauren Mecke AGENDA ITEM: Approve a Resolution regarding the Waters Creek, Block B, Lot 1, Final Plat. (Planning Manager Lauren Mecke) SUMMARY: Multiple-family residence on one lot on 19.5± acres located on the west side of future Persimmon Drive, 350± feet south of W. White Street. The property is currently zoned Planned Development-C-1 Restricted Commercial/MF-2 Multiple-Family Residential – High Density/SF-60 Single-Family Residence District (Ord. No. 978-2022 & 861-2020). The purpose of the Final Plat is to dedicate lot and block boundaries, and easements necessary for the multiple-family residence development. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Final Plat is in conformance with the adopted Planned Development standards and with the city’s Subdivision Regulations and Zoning Ordinances. The Planning & 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. Waters Creek Lot 1 Block B Locator Map 2. RESOLUTION - (FP) Waters Creek, Block B, Lot 1 3. Exhibit A (FP) Villages of Waters Creek, Block B, Lot 1 CRESTWOOD DRCOTTO NWOODTRLVICTORIAFALLSDRPINE KNOLL WAY WHITE OAK RD PIN OAK TRL HICKORY TRL W WHITE ST KAIETEUR DRCREEKVIEWDRCREEKSIDEDRHILLTOPDRHAWTHORNERDWHITE PINE TRL ELM STMANDARIN WAY RIVER CROSSING DR CHESTNUT ST MULBERRY DR S PRUCE ST OAKHOLLOWLNMESQUITELNCEDAR TRL BLACK WILLOW TRLCYPRESS WAY BLACK MAPLE DRCHERRY LNPOSTOAKTRLSABLE WOOD DR PARKVIEW DR MAPLEWOOD TRLREDPINE RDNIAGARAFALLSDRRHYMERS GLEN DR SYCAMOREST SCENTRALEXPYWILLOW WAYS BUDDYHAYES BLVDBIRCH WOOD RDUS HIGHWAY 75PERSIMMONDRCopyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 500 1,000250 Feet April 2023 H:\Notification Maps\Notification Maps\ Final Plat - Waters Creek, Lot 1, Block B CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A FINAL PLAT OF WATERS CREEK, BLOCK B, LOT 1. 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, APFC Waters Creek Member, LLC, has submitted an application for approval of a Final Plat of Waters Creek, Block B, Lot 1; WHEREAS, The Final Plat of Waters Creek, Block B, Lot 1 conforms to the existing zoning; 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 final plat of Waters Creek, Block B, Lot 1 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 9th day of May 2023. ATTEST: APPROVED: _____________________________ ____________________________ City Secretary, Carrie L. Land Mayor, Nate Pike THOM A S R A T T A N S U R V E Y ABST R A C T N O . 7 8 2 POINT OF BEGINNING ∆ ∆ ∆NNESWPAGE 1 OF 3 TBPELS # 10194468 PH.# 469-213-1800 April 17, 2023JOB# CCR21001 11000 FRISCO STREET, SUITE 400 FRISCO, TEXAS 75033 Owner APFC WATERS CREEK MEMBER LLC 600 LAS COLINAS BLVD E STE 1800 IRVING, TX 75039 214-802-8264 Final Plat of Waters Creek LOT 1, BLOCK B 19.542 ACRES TOTAL SITUATED IN THE THOMAS RATTAN SURVEY, ABSTRACT NO. 782 CITY OF ANNA COLLIN COUNTY, TEXAS Developer JPI COMPANIES 600 E. LAS COLINAS BLVD, SUITE 1800 IRVING, TX 75039 972-556-3813 LEGEND DETAIL "B" MAILBOX EASEMENT SCALE 1" = 20'NEXHIBIT A PAGE 1 OF 3 P&Z COMMISSION CITY OF ANNA APPROVED MAY 9, 2023 CITY COUNCIL CITY OF ANNA APPROVED MAY 1, 2023 PAGE 2 OF 3 TBPELS # 10194468 PH.# 469-213-1800 April 17, 2023JOB# CCR21001 11000 FRISCO STREET, SUITE 400 FRISCO, TEXAS 75033 Owner APFC WATERS CREEK MEMBER LLC 600 LAS COLINAS BLVD E STE 1800 IRVING, TX 75039 214-802-8264 Developer JPI COMPANIES 600 E. LAS COLINAS BLVD, SUITE 1800 IRVING, TX 75039 972-556-3813 DETAIL "A" WATER EASEMENTS SCALE 1" = 60' Final Plat of Waters Creek LOT 1, BLOCK B 19.542 ACRES TOTAL SITUATED IN THE THOMAS RATTAN SURVEY, ABSTRACT NO. 782 CITY OF ANNA COLLIN COUNTY, TEXASNEXHIBIT A PAGE 2 OF 3 P&Z COMMISSION CITY OF ANNA APPROVED MAY 9, 2023 CITY COUNCIL CITY OF ANNA APPROVED MAY 1, 2023 TBPELS # 10194468 PH.# 469-213-1800 April 17, 2023 11000 FRISCO STREET, SUITE 400 FRISCO, TEXAS 75033 Owner APFC WATERS CREEK MEMBER LLC 600 LAS COLINAS BLVD E STE 1800 IRVING, TX 75039 214-802-8264 Developer JPI COMPANIES 600 E. LAS COLINAS BLVD, SUITE 1800 IRVING, TX 75039 972-556-3813 “Preliminary, this document shall not be recorded for any purpose and shall not be used or viewed or relied upon as a final survey document” 22 TAC 138.33e Charles Stephen Ramsey, RPLS 6718 Date: 4/17/2023 PAGE 3 OF 3JOB# CCR21001 “” “” “” “” “” “” “” “” “” Final Plat of Waters Creek LOT 1, BLOCK B 19.542 ACRES TOTAL SITUATED IN THE THOMAS RATTAN SURVEY, ABSTRACT NO. 782 CITY OF ANNA COLLIN COUNTY, TEXAS EXHIBIT A PAGE 3 OF 3 P&Z COMMISSION CITY OF ANNA APPROVED MAY 9, 2023 CITY COUNCIL CITY OF ANNA APPROVED MAY 1, 2023 Item No. 6.a. City Council Agenda Staff Report Meeting Date: 5/9/2023 Staff Contact: Terri Doby AGENDA ITEM: Consider/Discuss/Action on adding local option property tax exemptions for FY2024. (Budget Manager Terri Doby) SUMMARY: All real and tangible personal property located in the state is taxable unless an exemption is required or permitted by the Texas Constitution. Local taxing units can offer a variety of partial or total exemptions from property appraised values. Local option exemptions are one way for cities to lower the property tax bill of their residents. Tonight staff is asking for the City Council to set local option property tax exemptions for FY2024. Homestead Exemption of: Number of Properties with $5,000 min Exemption Properties exceeding $5,000 Exemption Average reduction per homeowner Estimated Revenue Reduction to City 1% 3,791 40 $27.05 $103,644 2% 1,294 2,537 $31.83 $121,955 5% 55 3,776 $75.88 $290,691 10% 10 3,821 $151.54 $580,550 20% 4 3,827 $303.03 $1,160,913 FINANCIAL IMPACT: The property tax exemptions offered by the City of Anna will lower the amount of property tax revenues collected. The choice of what exemptions to offer will determine the impact on revenues. BACKGROUND: Prior to FY2023, the City of Anna offered a $30,000 exemption in the Over 65 category. In June of 2022, a 1% ($5,000 minimum) General Homestead Exemption was added. In a workshop at the April 25th City Council meeting, Council was presented the choices that the City of Anna has regarding the structure of local property taxes. At that time, City Council was told that an item to establish those exemptions would be presented at a future meeting. The Texas Property Tax Code requires that all decisions regarding exemptions for the upcoming year be adopted by the taxing unit by July 1st. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Excellent. ATTACHMENTS: 1. Tax Exemption Ordinance 2. Property Tax Exemption presentation for May 9 City of Anna, Texas Ordinance No. ___________________ Page 1 of 3 CITY OF ANNA, TEXAS ORDINANCE NO. __________ AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING ARTICLE 2.03 OF THE ANNA CITY CODE OF ORDINANCES TO ADOPT A PARTIAL EXEMPTION FROM AD VALOREM TAXES FOR RESIDENTIAL HOMESTEADS; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas is a duly formed home-rule municipality; and WHEREAS, Texas Tax Code § 11.13(n) allows a municipality to adopt an exemption for residential homesteads that is in addition to the residential homestead exemption set forth in other subsections of said statute; and WHEREAS, under the City of Anna Home Rule Charter § 7.19(b), the City has the power to grant tax exemptions in accordance with the laws of the State of Texas; and WHEREAS, this exemption shall apply in all subsequent tax years unless and until the City repeals the exemption; and WHEREAS, the City Council of the City of Anna, Texas finds that the exemption adopted under this ordinance is in the best interest of the citizens of the City of Anna, Texas; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The above-referenced recitals are incorporated herein as the findings of the City Council as if set forth in full. City of Anna, Texas Ordinance No. ___________________ Page 2 of 3 Section 2. Code amended; exemption adopted. 2.01 The Anna City Code of Ordinances is hereby amended to add a new Section 2.03.032 to read as follows: Article 3.02 TAXATION [ . . . ] Division 2. Property Tax [ . . . ] Sec. 2.03.032 Residential Homestead Exemption (a) Homestead exemption granted. Upon compliance with all requirements of this section and all other applicable laws and resolutions, ___% of the assessed value of residence homestead of an individual shall be exempt from ad valorem taxes levied by the city. If the percentage set herein produces an exemption in a tax year of less than five thousand dollars ($5,000.00) when applied to a particular residence homestead, the individual is entitled to an exemption of five thousand dollars ($5,000.00) of appraised value. (b) Effective date; duration. The exemption granted by this section shall be effective as to such residence homesteads as may qualify hereunder commencing with the 2023 tax year. The exemption shall remain in effect from year to year unless and until it is repealed by ordinance adopted by the City Council. (c) Limitations of exemption. The exemption authorized hereby shall extend only to a residential homestead as same may be defined by the laws of the state. Such exemptions shall be allowed only if the property in question is in fact a residential homestead of the individual during the tax year and the individual has otherwise complied with all applicable laws and regulations. Sec. 2.03.033 Age 65 or Older or Disabled Residential Homestead Exemption (a) Age 65 or Older or Disabled Homestead exemption granted. Upon compliance with all requirements of this section and all other applicable laws and resolutions, thirty thousand dollars ($30,000) of the assessed value of residence homestead of persons age 65 or older or disabled shall be exempt City of Anna, Texas Ordinance No. ___________________ Page 3 of 3 from ad valorem taxes levied by the city. (c) Effective date; duration. The exemption granted by this section shall be effective as to such residence homesteads as may qualify hereunder commencing with the 2023 tax year. The exemption shall remain in effect from year to year unless and until it is repealed by ordinance adopted by the City Council. (d) Limitations of exemption. The exemption authorized hereby shall extend only to a residential homestead as same may be defined by the laws of the state. “Disabled” has the same meaning as set forth in the Texas Tax Code Section 11.13(d), as it currently exists or may be amended. Such exemptions shall be allowed only if the property in question is in fact a residential homestead of the individual during the tax year and the individual has otherwise complied with all applicable laws and regulations. Section 3. Savings, Severability and Repealing Clauses. All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. The City declares that it would have passed this ordinance, and each section, subsection, clause, or phrase thereof irrespective of the fact that any one or more section, subsection, sentence, clause, and phrase be declared unconstitutional or invalid. Section 4. Publication of the Caption Hereof and Effective Date. This ordinance shall be in full force and effective from and after its passage and upon the posting and/or publication, if required by law, of its caption and the City Secretary is hereby directed to implement such posting and/or publication. PASSED, ADOPTED AND APPROVED by the City Council of the City of Anna, Texas, this 9th day of May 2023. ATTESTED: _________________________ City Secretary, Carrie L. Land APPROVED: _________________________ Mayor, Nate Pike 5/2/2023 1 Property Tax Exemptions Taxable  Assessed Value 10‐year History $0.43 $0.51 $0.61 $0.73 $0.89 $1.12 $1.30 $1.47 $1.77 $2.44 - 0.5 1.0 1.5 2.0 2.5 3.0 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023Billions1 2 5/2/2023 2 Property Tax  Exemptions •All real and tangible personal property located in the state is taxable unless an exemption is required or permitted by the Texas Constitution. •Local taxing units can offer a variety of partial or total exemptions from property appraised values. •Local option exemptions are one way for cities to lower the property tax bill of their residents. Property Tax  Exemption Types •Residence Homestead (Tax Code Section 11.13) •Cities have option of offering up to 20% but not less that $5,000 •Owner must have ownership interest in property and occupy as principal residence •Age 65 or Older or Disabled •Cities have option of offering in an amount not less that $3,000 •Disabled person must meet definition of disabled under Federal Old-Age, Survivors and Disability Insurance Act (Social Security) •Eligible disabled person age 65 or older may receive both but not from the same taxing unit 3 4 5/2/2023 3 City of Anna FY2023 Tax  Structure Homestead Exemption Over Age 65 Exemption Disabled Person Exemption Total Tax Rate 1%, $5,000 min 30,000 - 0.539750 Property Tax  Reductions FY2023 Total Revenue Reduction Number of properties Average Savings Per Home Homestead Exemptions $103,725 3,835 $27.05 Over 65 Exemptions $117,558 726 $161.93 TOTAL $221,283 4,561 5 6 5/2/2023 4 FY2024 Potential  Changes Homestead Exemption of: Number of Properties with $5,000 min Exemption Properties exceeding $5,000 Exemption Average reduction per homeowner Estimated Revenue Reduction to City 1% 3,791 40 $27.05 $103,644 2% 1,294 2,537 $31.83 $121,955 5% 55 3,776 $75.88 $290,691 10% 10 3,821 $151.54 $580,550 20% 4 3,827 $303.03 $1,160,913 July 1 Adoption Deadline •Section 11.13 (n). Residence Homestead •In addition to any other exemptions provided by this section, an individual is entitled to an exemption from taxation by a taxing unit of a percentage of the appraised value of his residence homestead if the exemption is adopted by the governing body of the taxing unit before July 1 in the manner provided by law for official action by the body. 7 8 5/2/2023 5 Questions? 9 Item No. 6.b. City Council Agenda Staff Report Meeting Date: 5/9/2023 Staff Contact: Justin Clay AGENDA ITEM: Hackberry Drive (Interim City Manager Ryan Henderson) Consider/Discuss/Action on an Ordinance Amending the FY2023 Roadway Impact Fees Fund and Water Impact Fees Fund budgets. Consider/Discuss/Action to approve a Resolution for the City Manager to execute a contract with 308 Construction to construct Hackberry Lane between Highway 5 and Bamborough Dr. SUMMARY: The project includes approximately 1,015 linear feet of paving, drainage improvements, and water improvements on Hackberry Drive from Bamborough Drive to State Highway 5. Hackberry Drive and associated water main ($1,126,000): The City of Anna already has an active CIP project for improving Hackberry Drive from State Highway 5 to Bambrough Drive.This amendment will provide funding for two additional scope items: replacement of the existing six-inch water main underneath the road with a new eight- inch PVC water main; and replacement of an existing section of Hackberry west of the project where the southern lane has failed and broken away from the rest of the pavement. FINANCIAL IMPACT: Funding for the Hackberry Drive Roadway Improvement project is being fully funded through an amendment to the FY2023 Community Investment Program budget in the amount of $1,126,000 million from the Roadway Impact Fees and Water Impact Fees. The total estimated cost of the Hackberry Drive project is $2,546,279. BACKGROUND: This is a major connection for the West Crossing neighborhood to HWY 5. This road is also on the master thoroughfare plan. With regards to the budget amendment, the FY2023 Budget was adopted by the City Council on September 13, 2022. According to the City Charter, the City Council may, by the affirmative vote of a majority of the full membership of the City Council, amend or change the budget to provide for any additional expense in which the general welfare of the citizenry is involved. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Resilient. ATTACHMENTS: 1. Presentation 2. May 9 Hackberry Budget Amendment Ordinance 3. May 9 Hackberry Budget Amendment Exhibit 4. Resolution and Bid Results - Hackberry Drive Hackberry Drive Construct the two southern lanes of Hackberry Drive. This project includes Water and Storm Improvements as well. PAGE 1 OF 2 CITY OF ANNA ORDINANCE NO. 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. WHEREAS, on September 13, 2022, the City Council of the City of Anna, Texas (“City Council”), after a duly noticed public hearing as required under Texas Local Gov’t Code §102.106, and in accordance with applicable provisions of the City of Anna, Texas Home- Rule Charter (“Charter”), adopted a budget of all municipal appropriations and expenditures for the 2022-2023 fiscal year; and WHEREAS, the City is authorized to make this budget amendment by majority vote of the City Council under Section 7.09 of the Charter; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: SECTION 1. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this ordinance for all purposes and are adopted as a part of the judgment and findings of the City Council with respect to the budget amendments described herein. SECTION 2. The City Council of the City officially finds, determines, and declares that the City of Anna 2022-2023 fiscal year budget is hereby amended with respect to its Roadway Impact Fees Fund and Water Impact Fee Fund as set forth in the original budget adopted under Ordinance No. 1002-2022 by replacing the information regarding said funds with the information relating to said funds set forth in the attached Exhibit A, incorporated herein for all purposes. SECTION 4. Upon adoption and execution of this ordinance, the City Secretary is directed to attach same and its exhibits to the original City of Anna 2022-2023 fiscal year budget in all places where said budget is filed as of public record or posted for public inspection. SECTION 5. If any provision of this ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this ordinance would have been enacted without such invalid provision. SECTION 6. It is officially found, determined, and declared that the meeting at which this ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this PAGE 2 OF 2 ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. PASSED, APPROVED, AND ADOPTED on first and final reading on this 9th day of May, 2023. ATTESTED: _________________________ City Secretary, Carrie Land APPROVED: _________________________ Mayor, Nate Pike EXHIBIT A Expense: Project No. Budget Change Revised Budget 202X-0324 1,420,279$ -$ 1,420,279$ 202X-0324 -$ 961,000$ 961,000$ 202X-0324 -$ 165,000$ 165,000$ TOTAL 1,420,279$ 1,126,000$ 2,546,279$ Justification: CITY OF ANNA DETAIL OF RECOMMENDED FY2022-23 BUDGET AMENDMENTS Project Name Hackberry Drive - Water Impact Fees The City of Anna has an active CIP project for improving Hackberry Drive from State Highway 5 to Bambrough Drive. The project has been bid and it will be moving into the construction phase soon. This amendment will provide funding for two additional scope items: replacement of the existing six-inch water main underneath the road with a new eight-inch PVC water main and replacement of an existing section of Hackberry west of the project where the southern lane has failed and broken away from the rest of the pavement. Hackberry Drive - Roadway Impact Fees Hackberry Drive - Capital Non-Bond Fund CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS, AWARDING THE HACKBERRY DRIVE ROADWAY IMPROVEMENT PROJECT LOCATED BETWEEN BAMBOROUGH DRIVE AND STATE HIGHWAY 5 TO 308 CONSTRUCTION, LLC, IN THE AMOUNT NOT TO EXCEED TWO MILLION TWO HUNDRED AND THREE THOUSAND FOUR HUNDRED AND SIXTY-EIGHT DOLLARS AND EIGHT TEEN CENTS ($2,203,468.18) THIS MONEY DOES INCLUDE TWO HUNDRED THOUSAND THREE HUNDRED AND FIFTEEN DOLLARS AND THIRTY-ONE CENTS (200,315.31) FOR CONTINGENCY MONEY. WHEREAS, the Hackberry Drive project is identified as a capital roadway improvement project in the City of Anna’s Capital Improvement Plan and is shown on the City’s Master Thoroughfare Plan, WHEREAS, the proposed paving and drainage improvements will help improve traffic concerns on Hackberry Drive between Bamborough Drive and State Highway 5; and WHEREAS, the proposed water main improvements will replace an undersized 6-inch water main with a new 8-inch water main in accordance with the City of Anna Water Master Plan; and WHEREAS, the City has publicly bid on the construction project in accordance with Texas Local Government Code and, WHEREAS, the lowest qualified bid was received from 308 Construction, LLC, for the amount of $2,003,153.18 as shown in Exhibit B attached hereto. 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. Authorization of Payment and Funding. That the City Council of the City of Anna hereby authorizes the City Manager to execute a contract in an amount not to exceed $2,203,468.18 to 308 Construction, LLC for the reconstruction of the Street, Water, and drainage improvements on Hackberry Drive between Slayter Creek and State Highway 5. That funding for the project shall come from Capital Non-bond fund, Roadway Impact Fees, and Water Impact Fees in accordance with the budget amendment exhibit attached hereto as Exhibit A. 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 – Budget Amendment Detail Exhibit B – Bid Tabulation Item No. 6.c. City Council Agenda Staff Report Meeting Date: 5/9/2023 Staff Contact: Justin Clay AGENDA ITEM: Consider/Discuss/Action Approve Resolution for the City Manager to sign an agreement with Grantham & Associates approving the design for the Slater Creek Water line. (CIP Manager Justin Clay) SUMMARY: This item is for consideration to authorize the City Manager to sign an agreement for the design of public water system improvements along Slater Creek Road. Slater Creek Road is a private road with a utility easement which contains a dead-end 1-1/2-inch water main serving 10 properties located in the Extraterritorial Jurisdiction of the City of Anna. The water main is owned and operated by the City of Anna. The road is located on the south side of FM 455 between Westfield Drive and West Crossing Boulevard. The 1-1/2-inch water main is undersized and in poor condition. It does not provide adequate flow for firefighting activities. Due to the geometry of the road, the furthest distance from an existing home on Slater Creek Road to a fire hydrant on an adequate water main at FM 455 is over 3,000 feet. In addition, the water main is below the minimum allowable size for a public water main as determined by the Texas Commission on Environmental Quality's rules in the Texas Administrative Code, 30 TAC §290.44(c). No new connections can be made to the water main until it is increased in size. Staff recommends that this project move forward in order to improve the level of service and meet the future needs of the area. If approved, construction funding will be considered in the FY2023-2024 Budget as a Capital Improvement Plan project. FINANCIAL IMPACT: Funding for this contract was appropriated in the FY2023 Utility Department budget in the amount of $_________________. BACKGROUND: The existing water main is below the minimum required public main size of 2-inches as determined by the Texas Commission on Environmental Quality's rules in the Texas Administrative Code, 30 TAC §290.44(c). No new connections can be made to the water main until it is increased in size. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Resilient. ATTACHMENTS: 1. Water Rehabilitation Project Map - Project2023-003 2. Resolution and proposal - Professional Services - Grantham - Slater Creek Water System Rehabilitation Project 2023-003 2,500 LF 6-inch PVC Water Main Auto-Flush Valve CITY OF ANNA, TEXAS RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROJECT SPECIFIC PURCHASE ORDER FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF ANNA, TEXAS AND GRANTHAM & ASSOCIATES, INCORPORATED FOR ENGINEERING DESIGN SERVICES RELATED TO THE SLATER CREEK ROAD WATER IMPROVEMENT PROJECT, IN A FORM APPROVED BY THE CITY ATTORNEY, PER THE PROPOSAL SHOWN IN EXHIBIT “A” ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Anna is the owner and operator of an undersized water main located in a utility easement along Slater Creek Road; and, WHEREAS, the undersized water main is in poor condition and must be replaced; and, WHEREAS, the services provided by Grantham & Associates, Incorporated will be funded through the Utility Department Funds in the Fiscal Year 2022-2023 Budget; 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. Authorization. A. That the funding shall be $90,115 in Utility Department Funds. B. That the City Council hereby approves entering into and authorizes the City Manager to execute a professional services agreement with Grantham & Associates, Incorporated for the scope of services identified in Exhibit “A” attached hereto. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this ___ day of _________, 2023. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie L. Land Mayor Nate Pike EXHIBIT “A” April 12, 2023 Mr. Justin Clay, CPM CIP Manager City of Anna 3223 N. Powell Pkwy Anna, TX 75409 Re: Slater Creek Road Water Improvements Proposal for Engineering and Surveying Services Dear Justin: Pursuant to your request, Grantham & Associates, Inc. (G&A) has prepared this proposal for engineering and surveying services associated with approximately 2,500 linear feet of water line replacement in Slater Creek Road. Scope of Services The scope of services for this project has been separated into Basic and Special Services as summarized below. Basic Services • Perform a topographic survey and property line survey of the corridor. • Plot plats and deeds along the project corridor. • Prepare 30%, 90%, and 100% plans for the improvements. • Prepare a quantity take-off and Opinion of Probable Construction Cost (OPCC) with each submittal. • Prepare bid documents and assist the City in bidding the project. • Provide construction support services to the City and prepare Record Drawings. Special Services • Prepare up to five (5) water easements. • An unforeseen items allowance is provided for additional services that may be required, such as subsurface utility engineering (SUE) potholes and TxDOT coordination. Assumptions • No field surveying will be performed in order to prepare Record Drawings; City and Contractor plan markups will be used exclusively. • G&A will prepare an Erosion Control Plan but the contractor will prepare a SWPPP. Fee The sheet count provided as Exhibit A was used to determine the design fee. The manhour estimate provided in Exhibit B was used to determine the fees for all phases except the engineering phase. The Opinion of Probable Construction Cost is included in Exhibit C. Mr. Justin Clay, CPM April 12, 2023 Page 2 Lump Sum (LS) fees are proposed except as noted as a Cost Plus (C+) reimbursable fee. The Cost-Plus fees provided shall not be exceeded without prior written approval of the City. Basic Services • Engineering $ 44,000 (LS) • Set Survey Control Points $ 2,205 (LS) • ROW & Property Survey $ 9,455 (LS) • Topographic Survey $ 9,135 (LS) • Bidding Services $ 3,895 (LS) • Construction Services $ 7,425 (C+) • Reimbursables $ 1,000 (LS) Total Basic Services $ 77,115 Special Services • Easement Preparation (5 @ $1,000 ea.) $ 5,000 (per each) • Unforeseen Items Allowance $ 8,000 (C+) Total Special Services $ 13,000 Total Fee $ 90,115 Please contact me if you have any questions regarding this Task Authorization #1. Very truly yours, Bruce Grantham, P.E. Attachments H:\WPDOCS\PROPOSAL\ANNA\SLATER CREEK & QUAIL CREEK RUN WATER\TA FY23-GA-01 SLATER CREEK PROPOSAL.DOCX CITY OF ANNA - SLATER CREEK ROAD WATER LINE IMPROVEMENTS Sheet Index No. Sheets Cost per Sheet Sheet Cost Cover 1 $1,000 $1,000 R.O.W. & Dimensional Control Plan (1" = 40' scale)2 $2,000 $4,000 Quantities & Project Notes 1 $4,500 $4,500 Erosion Control (1" = 40' scale)2 $2,500 $5,000 Water Plan (6") Plan 3 $6,500 $19,500 Utility Crossing Profiles 1 $6,500 $6,500 Subtotal Plan Cost 10 $40,500 Bid Documents & OPCC's $3,500 Total Engineering Cost $44,000 Note: All sheets are 1" = 20' scale unless otherwise noted. EXHIBIT A - ENGINEERING COST April 12, 2023 Summary of Sheets & Bid Documents TASK AUTHORIZATION #1 EXHIBIT B - MANHOUR PROJECTION CITY OF ANNA - SLATER CREEK ROAD WATER IMPROVEMENTS 4/12/2023 ESTIMATED MANHOURS Project Principal Project Manager Design Tech CADD Tech Admin Survey Manager Survey Tech 1 Man Survey TOTAL $265 $170 $140 $90 $105 $210 $110 $155 BASIC SERVICES - TASK DESCRIPTION SET SURVEY CONTROL POINTS TIE INTO CITY SURVEY CONTROL 1 1 2 SET PROJECT SURVEY CONTROL 1 1 2 8 12 SUTOTAL CONTROL HOURS 0 1 0 0 0 2 2 9 14 SUTOTAL CONTROL COST $0 $170 $0 $0 $0 $420 $220 $1,395 $2,205 ROW AND PROPERTY SURVEY OBTAIN & REVIEW PLATS AND DEEDS 1 2 6 9 LOCATE PROPERTY CORNERS 2 4 24 30 SET DOWN PROPERTIES IN CADD FILE 1 2 10 13 ADD OWNERSHIP INFORMATION AND ADDRESSES IN CAD FILE 1 2 1 4 PREPARE ROW AND PROPERTY STRIP MAP 1 1 8 1 1 12 SUTOTAL PROPERTY SURVEY HOURS 1 4 0 10 0 7 22 24 59 SUTOTAL PROPERTY SURVEY COST $265 $680 $0 $900 $0 $1,470 $2,420 $3,720 $9,455 TOPOGRAPHIC SURVEY CONTACT TEXAS811 AND SURVEY UTILITY MARKERS 1 3 4 TOPOGRAPHIC SURVEY 1 1 4 27 33 PROCESS SURVEY DATA 1 2 3 PREPARE PLAN BASE SHEETS 1 8 8 17 SUTOTAL TOPOGRAPHIC SURVEY HOURS 1 2 0 8 0 14 2 30 57 SUTOTAL TOPOGRAPHIC SURVEY COST $265 $340 $0 $720 $0 $2,940 $220 $4,650 $9,135 BIDDING SERVICES FURNISH PLANS AND BID DOCUMENTS TO CITY & PLAN ROOMS 1 1 1 3 ATTEND PRE-BID CONFERENCE 4 4 RESPOND TO CONTRACTOR BID QUESTIONS 2 2 PREPARE ADDENDA 1 2 4 2 9 TABULATE BIDS AND PREPARE CONTRACTOR RECOMMENDATION 4 1 5 PREPARE CONFORMED PROJECT MANUAL 2 2 4 SUBTOTAL BIDDING PHASE HOURS 1 15 0 5 6 0 0 0 27 SUBTOTAL BIDDING PHASE COST $265 $2,550 $0 $450 $630 $0 $0 $0 $3,895 TASK AUTHORIZATION #1 H:\WPDOCS\PROPOSAL\Anna\Slater Creek & Quail Creek Run Water\TA FY22-GA-01 Slater Creek Exhibits.xlsx ESTIMATED MANHOURS Project Principal Project Manager Design Tech CADD Tech Admin Survey Manager Survey Tech 1 Man Survey TOTAL $265 $170 $140 $90 $105 $210 $110 $155 CONSTRUCTION SERVICES PREPARE FOR-CONSTRUCTION PLANS 1 1 4 6 PRECONSTRUCTION MEETING (1)4 4 REVIEW SHOP DRAWING SUBMITTALS 8 8 REVIEW CHANGE ORDERS & RFI'S 1 2 6 2 11 TRACK & LOG CHANGE ORDERS & SUBMITTALS 1 1 CONSTRUCTION SITE VISIT (1)4 4 FINAL WALK-THROUGH 4 4 RECORD DRAWINGS 1 2 12 15 SUBTOTAL CONSTRUCTION HOURS 1 25 9 16 2 0 0 0 53 SUBTOTAL CONSTRUCTION COST $265 $4,250 $1,260 $1,440 $210 $0 $0 $0 $7,425 Basic Services Fee Summary ENGINEERING 44,000$ SET SURVEY CONTROL POINTS 2,205$ ROW AND PROPERTY SURVEY 9,455$ TOPOGRAPHIC SURVEY 9,135$ BIDDING SERVICES 3,895$ CONSTRUCTION SERVICES 7,425$ REIMBURSABLES 1,000$ Subtotal Basic Services 77,115$ Special Services Fee Summary EASEMENTS (5 @ $1,000 EA.)5,000$ UNFORESEEN ITEM ALLOWANCE 8,000$ Subtotal Special Services 13,000$ Total 90,115$ H:\WPDOCS\PROPOSAL\Anna\Slater Creek & Quail Creek Run Water\TA FY22-GA-01 Slater Creek Exhibits.xlsx ITEM NO.DESCRIPTION UNIT QUANTITY UNIT COST TOTAL COST 1 SAWCUT, REMOVE & DISPOSE CONCRETE PAVEMENT SY 25 $75.00 $1,875.00 2 REMOVE & DISPOSE GRAVEL STREET SY 150 $55.00 $8,250.00 3 FURNISH & INSTALL 6" CONCRETE PAVEMENT (4,000 PSI)SY 25 $90.00 $2,250.00 4 FURNISH & INSTALL GRAVEL STREET SY 150 $40.00 $6,000.00 5 REMOVE & REPLACE BARRIER-FREE RAMP EA 1 $2,500.00 $2,500.00 6 FURNISH & INSTALL WATER 6" DR-18 PVC LF 2,500 $75.00 $187,500.00 7 FURNISH & INSTALL DUCTILE IRON FITTINGS TN 1 $15,000.00 $15,000.00 8 FURNISH AND INSTALL 6" GATE VALVE EA 7 $3,500.00 $24,500.00 9 FURNISH AND INSTALL 8" GATE VALVE EA 1 $4,000.00 $4,000.00 10 FURNISH AND INSTALL AUTOMATIC FLUSHING DEVICE EA 1 $10,000.00 $10,000.00 11 FURNISH & INSTALL FIRE HYDRANT WITH 6" VALVE & 6" LEAD EA 6 $8,500.00 $51,000.00 12 FURNISH & INSTALL 1" WATER SERVICE EA 10 $2,200.00 $22,000.00 13 TRENCH SAFETY (FOR WATER)LF 2,500 $2.00 $5,000.00 14 SODDING SY 2,750 $10.00 $27,500.00 15 EROSION CONTROL LS 1 $5,000.00 $5,000.00 16 MOBILIZATION LS 1 $15,000.00 $15,000.00 17 FURNISH & INSTALL TRAFFIC CONTROL LS 1 $7,500.00 $7,500.00 18 FURNISH AND INSTALL TEMPORARY CONSTRUCTION FENCE LF 500 $20.00 $10,000.00 19 MATERIALS TESTING LS 1 $5,000.00 $5,000.00 SUBTOTAL:$409,875.00 CONTINGENCY (20%):$81,975.00 TOTAL:$491,850.00 EXHIBIT C SLATER CREEK ROAD WATER IMPROVEMENTS OPINION OF PROBABLE CONSTRUCTION COST April 12, 2023 Water System Rehabilitation Project 2023-004 6,900 LF 6-inch PVC Water Main Auto-Flush Valve 500 LF 6-inch PVC Water Main CITY OF ANNA, TEXAS RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROJECT SPECIFIC PURCHASE ORDER FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF ANNA, TEXAS AND BIRKHOFF, HENDRICKS, & CARTER, L.L.C.,FOR ENGINEERING DESIGN SERVICES RELATED TO THE TWIN CREEK CIRCLE WATER IMPROVEMENT PROJECT, IN A FORM APPROVED BY THE CITY ATTORNEY, PER THE PROPOSAL SHOWN IN EXHIBIT “A” ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Anna is the owner and operator of an undersized water main located in a utility easement along Twin Creek Circle; and, WHEREAS, the undersized water main is in poor condition and must be replaced; and, WHEREAS, the services provided by Birkhoff, Hendricks, & Carter, LLC, will be funded through the Utility Department Funds in the Fiscal Year 2022-2023 Budget; 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. Authorization. A. That the funding shall be $118,606 in Utility Department Funds. B. That the City Council hereby approves entering into and authorizes the City Manager to execute a professional services agreement with Birkhoff, Hendricks, & Carter, LLC for the scope of services identified in Exhibit “A” attached hereto. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this ___ day of _________, 2023. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie L. Land Mayor Nate Pike EXHIBIT “A” Professional Services Agreement 2023 Page 1 of 12 l:\7015 contdev\anna\2023 - twin creeks wl\engineering services agreement 2022.docx PROFESSIONAL ENGINEERING SERVICES AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Anna, Texas, hereinafter referred to as "City", and Birkhoff, Hendricks & Carter, L.L.P., hereinafter referred to as "Engineer", to be effective from and after the date as provided herein. The City desires to engage the services of the Engineer to complete engineering design provide bidding and construction administration services and provide surveying services for the Twin Creeks Water Line hereinafter referred to as the "Project"; and the Engineer desires to render such engineering design services for the City under the terms and conditions provided herein. That for and in consideration of the covenants contained herein, and for the mutual benefits to be obtained hereby, the parties hereto agree as follows: I. Employment of the Engineer The City hereby agrees to retain the Engineer to perform professional engineering services in connection with the Project; Engineer agrees to perform such services in accordance with the terms and condition of this Agreement. II. Scope of Services The parties agree that Engineer shall perform such services as expressly set forth and described in Exhibit “A”, which is attached hereto and thereby made a part of this Agreement. The parties understand and agree that deviations or modifications, in the form of written changes may be authorized from time to time by the City. Engineer shall have no further obligations or responsibilities for the project except as agreed to in writing. Engineer’s services and work product are intended for the sole use and benefit of Client and are not intended to create any third party rights or benefits, or for any use by any other entity or person for any other purpose. Engineer shall perform the professional engineering services with the professional skill and care ordinarily provided by competent engineers practicing in North Central Texas and under the same or similar circumstances and professional license. Professional services shall be performed as expeditiously as is prudent, considering the ordinary professional skill and care of a competent engineer. Professional Services Agreement 2023 Page 2 of 12 l:\7015 contdev\anna\2023 - twin creeks wl\engineering services agreement 2022.docx III. Schedule of Work The Engineer agrees to commence services immediately upon execution of this Agreement, and to proceed diligently with said service, except for delays beyond the reasonable control of Engineer. IV. Compensation and Method of Payment The parties agree that Engineer shall be compensated for all services provided pursuant to this Agreement in the amount and manner described and set forth in the Payment Schedule attached hereto as Exhibit “B” and thereby made a part of this Agreement. City agrees to pay invoices upon receipt. Statement for services shall include a line for previous payments, contract amount, and amount due current invoice. V. Information To Be Provided By The City The City agrees to furnish, prior to commencement of work, all information requested by Engineer that is available to the City. VI. Insurance Engineer agrees to procure and maintain for the duration of the contract Professional Liability Insurance ($3,000,000), Worker's Compensation, General Liability and Automobile Insurance. VII. Assignment and Subletting The Engineer agrees that neither this Agreement nor the services to be performed hereunder will be assigned or sublet without the prior written consent of the City. The Engineer further agrees that the assignment or subletting of any portion or feature of the work or materials required in the performance of this Agreement shall not relieve the Engineer from its full obligations to the City as provided by this Agreement. VIII. Contract Termination The parties agree that City or the Engineer shall have the right to terminate this Agreement without cause upon thirty (30) days written notice to the other. In the event of such termination without cause, Engineer shall deliver to City all finished or unfinished documents, data, studies, surveys, drawings, maps, models, reports, photographs or other items prepared by Engineer in connection with this Agreement. Engineer Professional Services Agreement 2023 Page 3 of 12 l:\7015 contdev\anna\2023 - twin creeks wl\engineering services agreement 2022.docx shall be entitled to compensation for any and all services completed in accordance with the provisions of this Agreement prior to termination. IX. Engineer's Opinion of Cost The parties recognize and agree that any and all opinions of cost prepared by Engineer in connection with the Project represent the best judgment of Engineer as a design professional familiar with the construction industry, but that the Engineer does not guarantee that bids solicited or received in connection with the Project will not vary from the opinion by the Engineer. X. Construction On projects that include construction, the Owner recognizes that the Contractor and Subcontractors will be solely in control of the Project site and exclusively responsible for construction means, methods, scheduling, sequencing, jobsite safety, safety programs, and compliance with all construction documents and directions from Owner or Building Officials. Construction contracts are between the Client and the Construction Contractor. Consultant shall not be responsible for construction related damages, losses, costs, or claims; except only to the extent caused by Consultant’s sole negligence. XI. Ownership of Documents Original drawings, specifications and reports are the property of the Engineer; however, the Project is the property of the City. City shall be furnished with such reproductions of drawings, specifications and reports. Upon completion of the services or any earlier termination of this Agreement under Article VIII, Engineer will revise drawings to reflect changes made during construction as reported by the City and contractor, and will furnish the City with one set of construction record drawings in accordance with terms provided in Exhibit “A” – Engineering Services. All deliverables shall be furnished, as an additional service, at any other time requested by the City when such deliverables are available in the Engineer’s record keeping system. XII. Complete Contract This Agreement, including the exhibits hereto numbered “A” through “E” constitutes the entire agreement by and between the parties regarding the subject matter hereof, and supersedes all prior or contemporaneous written or oral understanding. This agreement may only be amended, supplemented, modified or canceled by a duly executed written agreement. Professional Services Agreement 2023 Page 4 of 12 l:\7015 contdev\anna\2023 - twin creeks wl\engineering services agreement 2022.docx XIII. Mailing of Notices Unless instructed otherwise in writing, Engineer agrees that all notices or communications to City permitted or required under this Agreement shall be addressed to City at the following address: Mr. Ryan Henderson Interim City Manager City of Anna 120 W. 7th Street Anna, Texas 75409 City agrees that all notices or communications to Engineer permitted or required under this Agreement shall be addressed to Engineer at the following address: Mr. Craig M. Kerkhoff, P.E., C.F.M. Birkhoff, Hendricks & Carter, L.L.P. 11910 Greenville Ave., #600 Dallas, Texas 75243 Phone: (214) 361-7900 ckerkhoff@bhcllp.com All notices or communications required to be given in writing by one party or the other shall be considered as having been given to the addressee on the date such notice or communication is posted by the sending party. XIV. Texas Board of Professional Engineers & Land Surveying Contact Information Recipients of professional land surveying services under this agreement may direct complaints regarding such services to the Texas Board of Professional Engineers & Land Surveyors, 1917 South Interstate 35, Austin, Texas 78741, Phone (512) 440-7723. XV. Contract Amendments This Agreement may be amended only by the mutual agreement of the parties expressed in writing. XVI. Effective Date This Agreement shall be effective from and after execution by both parties hereto, with originals in the hand of both parties. Professional Services Agreement 2023 Page 6 of 12 l:\7015 contdev\anna\2023 - twin creeks wl\engineering services agreement 2022.docx EXHIBIT “A” ENGINEERING SERVICES Twin Creeks Circle Water Line The project generally consists of the design, bidding and construction administration of a 6-inch water line, replacing an existing 2-inch water line, along Twin Creeks Circle. A stub-out will be designed to connect the proposed 6-inch water line line with an existing 8-inch water line within the Park Place subdivision to the east. The proposed 6-inch water line will connect to an existing 8-inch water line at each intersection with Taylor Blvd on the south side Taylor Blvd. Land Rights for the water line along Taylor Blvd are assumed to be in place and are not included in this scope. The proposed water line is intended to be placed on the inside portion of the roadway of the Twin Creek Circles loop. The proposed water line size being designed and constructed was provided by the City. Existing land rights along Twin Creeks Circle will be evaluated with this project to determine if right-of- way (ROW) for Twin Creeks Circle or an existing easement can be utilitzed for the proposed water line. Property deeds, title and other publicly available documents will be researched with the results being presented to the City. Direction from the City will be required in order to utilize any existing Land Rights or to proceed with obtaining a water line easement and/or temporary access easements. Roadway crossings for the water line will be by open cut. The proposed water line will be designed to be buried at a depth of 5-ft of cover. For budgeting purposes, we assume the existing Twin Creeks Circle roadway will have to be repaired after the construction of the water line due to the existing condition of the roadway and the construction equipment that will be required for this project. For budgetary purposes, we have included in the Opinion of Probable Project Cost (OPC) to scarify and compact the existing roadway material and overlay with a 2-inch asphalt surface within the current limits of the existing roadway. Water services will be transferred to the proposed water line by open cut across the existing roadway. Due to the varying land rights acquisition possibilities with this project, the fees associated with deed research, plat and field notes, permission to survey requests, title research and easement acquisition have been separated. In the occurrence of the full land rights for the project not being required, the associated tasks for those efforts will not be utilized or billed to the City. If land rights direction from the City and access allow, DAS Geospatial may be used to supplement the field survey task. Professional Services Agreement 2023 Page 7 of 12 l:\7015 contdev\anna\2023 - twin creeks wl\engineering services agreement 2022.docx Part I: Design 1. Prepare Plan Sheets at a scale of not less than 1”=20’ for the approximate 8,114 linera foot 6-inch water line from the existing 8-inch water line connection points along Taylor Blvd, as well as the stub-out connection to the Park Place subdivision. 2. Prepare standard construction details. 3. Prepare Coordinate Control Plans with benchmarks 4. Prepare Cover Sheet, Location Map and Sheet Index. 5. Attend two design review meeting with City Staff. 6. Submit sets of 30%, 60% and 90% review plans for City review. All submittals shall be via electronic file format (Adobe Acrobat file format or equal) 7. Prepare Opinion of Probable Construction Estimate at 60% and 90% plan submittals 8. Prepare Bid schedule, specifications and contract documents using NCTCOG Standard Specifications as the base. 9. Submittals to State Regulatory Agencies, as required 10. Prepare Signed and Sealed Construction Plans. 11. Prepare final bid documents including bid proposal forms, construction contract documents, construction plans and technical specifications. Part II: Bidding Phase: 1. The City will publish notices in the newspaper recognized by the City Council as the official newspaper for the City of Anna. BHC will post the plans for bid adverstisement on Civcast. 2. The Engineer will answer online questions in order submitted, in addition the Engineer will prepare addenda to modify the plans and specifications. Questions must be submitted by potential bidders a minimum of 72-hours before the bid opening. All addenda shall be posted a minimum of 24-hours before the bid opening. 3. Assist during opening of bids and provide bid tabulation sheets. 4. Complete cursory review of bid documents to determine that the bid includes all sheets of the Engineer’s office original file set. 5. Obtain experience record and references from the apparent low bidder. Check references of apparent low bidder. Professional Services Agreement 2023 Page 8 of 12 l:\7015 contdev\anna\2023 - twin creeks wl\engineering services agreement 2022.docx 6. Formulate opinion from information received and provide a letter of recommendation for award of a construction contract. Bid tabulation summary sheets will also be sent to the City. Part III: Construction Phase 1. After award of contract, furnish six (6) sets of 11” x 17” final plans, specifications and contract documents to the City for construction use by the City and Contractor. 2. Attend the Pre-Construction Conference, including preparing an agenda. 3. Attend coordination meetings with contractor, quality control personnel, and City representatives as required to discuss strategy, problem areas, progress, and other coordination matters (3 meetings are included). 4. Review shop drawings and other submittal information which the Contractor submits. This review is for the benefit of the Owner and covers only general conformance with information stated by the Contract Documents. The contractor is to review and stamp their approval on submittals prior to submitting to the Engineer. Review by the Engineer does not relieve the Contractor of any responsibilities, safety measures or the necessity to construct a complete and workable facility in accordance with the Contract Documents. Review of shop drawings will be completed by review of electronic PDF files provided by the Contractor. 5. Provide written responses to requests for information or clarification to City or Contractor. Responses will be in electronic format. 6. Prepare and process routine change orders for this project as they pertain to the original scope of work. Transmittal will be electronically and will include construction plan sheet changes. 7. Make periodic site visits during construction as the project requirements dictate. Minimum of one project site visit per month. 8. Prepare monthly pay request from information obtained from Contractor and/or City Inspector, and prepare pay request along with letter of recommendation for payment. Pay requests will be transmitted electronically. 9. Accompany the City during their final inspection of the project. Prepare City’s punch list and transmit it electronically. 10. Prepare Record drawing utilizing information from the contractor and on-site representative. Record drawings will be transmitted electronically in PDF format. Professional Services Agreement 2023 Page 9 of 12 l:\7015 contdev\anna\2023 - twin creeks wl\engineering services agreement 2022.docx Part IV: Additional Services 1. Field survey to locate existing facilities and topographic information for proposed facilities. Boundary survey for any proposed easement acquisition. 2. Preparation of Plat and Field Note Descriptions for easements required. Thirty-six (36) easement descriptions are included for the purpose of establishing a budget for this work 3. Coordination meetings with parties other than the City of Anna 4. Deed research 5. Permission to Survey utilizing the Land Rights agent to make contact with each property owner 6. Title Research by Land Rights agent 7. Easement acquisition by Land Rights agent (does not include cost for easement paid to property owner or appraisal costs) 8. Printing of three (3) sets of final plans and specifications for distribution to the successful contractor. Part V: Terms and Conditions For Electronic File Transfers Electronic files are transmitted on the terms and conditions below: By opening, accessing, copying or otherwise using the transmitted electronic files, these terms and conditions are accepted by the user. A. The electronic files are compatible with the following software packages operating on a PC using Windows operating systems:  Autocad Civil 3D 2022 , Civil 3D 2017  Innovyse InfoWater Pro 3.0 with ESRI Arc Pro 2.7  Innovyze InfoSewer Pro 7.6 with ESRI Arc Map 10.4  ESRI 10.4  MS Office 365  Bluebeam Revu (PDF) Ver 10 - Ver 2020 B. Birkhoff, Hendricks & Carter, L.L.P. makes no warranty as to the compatibility of these files beyond the specified release of the above stated software. Professional Services Agreement 2023 Page 10 of 12 l:\7015 contdev\anna\2023 - twin creeks wl\engineering services agreement 2022.docx C. Because data stored on electronic media can deteriorate undetected or be modified, Birkhoff, Hendricks & Carter, L.L.P. will not be held liable for completeness or correctness of electronic media. D. The electronic files are instruments of our service. Where there is a conflict between the hard copy drawings and the electronic files, Birkhoff, Hendricks & Carter, L.L.P.’s hard copy file will govern in all cases. E. Electronic files may only be modified in accordance with the Texas Engineering Practice Act for modifying another Engineer’s design. Part VI: Exclusions The intent of this scope of services is to include only the services specifically listed herein and none others. Services specifically excluded from this scope of services include, but are not necessarily limited to the following: A. Certification that work is in accordance with plans and specifications. B. Consulting services by others not included in Scope of Services. C. Contractor’s means and methods. D. Environmental cleanup. E. Environmental impact statements and assessments. F. Fees for permits. G. Fees for publicly advertising the construction project. H. Fiduciary responsibility to the Client. I. On-site construction safety precautions, programs and responsibility (Contractor’s responsibility). J. Phasing of Contractor’s work. K. Quality control and testing services during construction. L. Revisions and/or change orders as a result of revisions after completion of original design (unless to correct error on plans). M. Services in connection with condemnation hearings. N. Traffic engineering study or reports. O. Trench safety designs. P. Utility relocations or extensions Q. Wetlands determination Professional Services Agreement 2023 Page 11 of 12 l:\7015 contdev\anna\2023 - twin creeks wl\engineering services agreement 2022.docx EXHIBIT “B” COMPLETION SCHEDULE Notice to Proceed ......................................................................... May 1, 2023 Permission to Survey Requests (PTS) .......................................... May 15, 2023* Begin Field Surveys ..................................................................... June 15, 2023 Complete Field Surveys ............................................................... August 9, 2023 Submit Preliminary Plans to City for Review .............................. September 29, 2023 Receive Review Comments from City ......................................... October 13, 2023 Plat and Field Notes completed (if required) ............................... November 10, 2023 Complete Final Plans ................................................................... November 17, 2023 Advertise Project .......................................................................... pending easement acquisition Construction ................................................................................. 3 Months *All dates following Permission to Survey date listed are based on the assumption that all permission to surveys can be obtained in 30 days. Professional Services Agreement 2023 Page 12 of 12 l:\7015 contdev\anna\2023 - twin creeks wl\engineering services agreement 2022.docx EXHIBIT “C” PAYMENT SCHEDULE Payment for engineering services described under Parts I, II, and III shall be based on a lump sum amount of $118,606. The following is a summary of the estimated charges for the lump sum elements of the proposed services: Engineering Design ............................................................... $88,955 Bidding Services ..................................................................... $6,523 Construction Administration ................................................. $23,128 Payment for Additional Services described under Part IV shall be on the basis of salary cost times a multiplier of 2.45 for time expended on the task. Field survey crew shall be based on $185.00 per hour, inclusive of all equipment rentals and software licensing; plus mileage charge at the IRS established rate. Expenses shall be at invoice cost times a multiplier of 1.15. We recommend a budget of $330,946 be established for the hourly or as needed services. The following is a summary of the estimated charges for the as-incurred elements of the proposed services: Field and Boundary Survey ................................................... $32,180 Plats and Field Notes (36) ...................................................... $90,000 Coordination .............................................................................. $1,500 Deed Research ......................................................................... $36,000 Permission to Survey .............................................................. $16,920 Title Research.......................................................................... $20,853 Land Rights Agent for Easement Acquisition ...................... $132,993 Printing of plans and specs ......................................................... $500 The maximum overall fee of $449,552 established herein shall not be exceeded without written authorization from the City, based on increased scope of services. Itemized invoices for services shall be submitted not more than once per month and will (include) be accompanied by a monthly progress report. Payment shall be due upon receipt of the invoice. Water System Rehabilitation Project 2023-004 6,900 LF 6-inch PVC Water Main Auto-Flush Valve 500 LF 6-inch PVC Water Main BIRKHOFF, HENDRICKS & CARTER, L.L.P.Project No.Busdev-Anna PROFESSIONAL ENGINEERS Texas Firm F526 Client:City of Anna Date:14-Apr-23 Project:Twin Creeks Circle Water Line By:CMK Item No. Description Quantity Unit Price Amount 1 Clearing and Grubbing 81 Sta 300.00$ 24,432.00$ 2 Furnish & Install 6-Inch (DR-18) Water Line 8,144 L.F. 75.00$ 610,800.00$ 3 Furnish & Install 6-Inch R. S. Gate Valve 37 Ea 4,500.00$ 164,592.00$ 4 Furnish & Install Fire Hydrant 17 Ea 5,000.00$ 86,440.00$ 5 Connect to 8-Inch Water Line, including Dewatering 3 Ea 4,000.00$ 12,000.00$ 6 Transfer Water Service 67 Ea 1,500.00$ 100,500.00$ 7 Automatic Flush Valve 1 Ea 8,500.00$ 8,500.00$ 8 Remove & Replace Asphalt Driveway 50 S.Y. 100.00$ 5,000.00$ 9 Remove & Replace Fence 360 L.F. 40.00$ 14,400.00$ 10 Remove & Replace Concrete Pavement Including Full Depth Sawcut 44.44 S.Y. 125.00$ 5,555.56$ 11 Remove & Replace Gravel Driveway 575 S.Y. 25.00$ 14,375.00$ 12 Scarify, Remix, Reshape and Compact Existing Pavement and Base Material (6-inch thick)14,800 S.Y. 5.00$ 74,000.00$ 13 Furnish and Install 2-inch HMAC Type "D" Surface 1,628 Tons 125.00$ 203,500.00$ 14 Storm Water Pollution Prevention Plan 1 Ea 2,500.00$ 2,500.00$ 15 Implementation of Storm Water Pollution Prevention Plan 1 Ea 5,000.00$ 5,000.00$ 16 Preparation and Submitting to the City a Trench Safety Plan that is in accordance with latest OSHA Standards 1 Ea 2,500.00$ 2,500.00$ 17 Furnish & Install a Complete Excavation Safety & Support System in Full Accordance with latest OSHA Standards 1 Ea 10,000.00$ 10,000.00$ 18 Furnish Traffic Control Plan 1 Ea 2,000.00$ 2,000.00$ ENGINEER'S OPINION OF CONSTRUCTION COST L:\7015 ContDev\Anna\2023 - Twin Creeks WL\OPC.xls Page 1 of 2 BIRKHOFF, HENDRICKS & CARTER, L.L.P.Project No.Busdev-Anna PROFESSIONAL ENGINEERS Texas Firm F526 Client:City of Anna Date:14-Apr-23 Project:Twin Creeks Circle Water Line By:CMK Item No. Description Quantity Unit Price Amount ENGINEER'S OPINION OF CONSTRUCTION COST 19 Furnish, Install, Maintain & Remove Traffic Control Devices in accordance with MUTCD 1 Ea 2,500.00$ 2,500.00$ 20 Project Sign 1 Ea 1,000.00$ 1,000.00$ 21 Furnish, Install and Maintain Hydromulch Seeding 122,160 S.F. 0.50$ 61,080.00$ Construction Subtotal:1,309,662.56$ Contingencies and Miscellaneous Items 15% 196,450.00$ Total:1,506,112.56$ Easement Acquisition 122,160 S.F. 0.75$ 91,620.00$ Engineering, Surveying, Construction Admin.***$449,552 Quality Control & Material Testing***2.5% 37,652.81$ Project Total:2,084,937.37$ ***Budgeted amounts, this contract is just for design USE: 2,085,000.00$ L:\7015 ContDev\Anna\2023 - Twin Creeks WL\OPC.xls Page 2 of 2 Item No. 6.e. City Council Agenda Staff Report Meeting Date: 5/9/2023 Staff Contact: Justin Clay AGENDA ITEM: Consider/Discuss/Action to enter into an Agreement with Grantham & Associates for the Engineering and Design of the Quail Creek Run Water Main Rehabilitation. (CIP Manager Justin Clay) SUMMARY: This item is for consideration to authorize the City Manager to sign an agreement for the design of public water system improvements along Quail Creek Run. The existing water line on Quail Creek Run is an undersized two-inch water main in poor condition. It does not provide enough volume and pressure to fight a fire in this area. The City has also received multiple requests for new water meters on Quail Creek run for the addition of new homes. In addition, the water main has 16 existing connections, which exceeds the maximum allowable number of connections to a public water main, which is 10, as determined by the Texas Commission on Environmental Quality's rules in the Texas Administrative Code, 30 TAC §290.44(c). No new connections can be made to the water main until it is increased in size. Staff recommends that this project move forward in order to improve the level of service and meet the future needs of the area. If approved, construction funding will be considered in the FY2023-2024 Budget as a Capital Improvement Plan project. FINANCIAL IMPACT: Funding for this agreement is available in the Fiscal Year 2022-2023 Utility Department budget in the amount of $103,000. BACKGROUND: The existing water main is at the maximum number of connections to a public water main, which is 10, as determined by the Texas Commission on Environmental Quality's rules in the Texas Administrative Code, 30 TAC §290.44(c). No new connections can be made to the water main until it is increased in size. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Resilient. ATTACHMENTS: 1. Water Rehabilitation Project Map - Project2023-002 2. Resolution and Proposal - Professional Services - Grantham - Quail Creek Run Water System Rehabilitation Project 2023-002 2,250 LF 8-inch PVC Water Main CITY OF ANNA, TEXAS RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROJECT SPECIFIC PURCHASE ORDER FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF ANNA, TEXAS AND GRANTHAM & ASSOCIATES, INCORPORATED FOR ENGINEERING DESIGN SERVICES RELATED TO THE QUAIL CREEK RUN WATER IMPROVEMENT PROJECT, IN A FORM APPROVED BY THE CITY ATTORNEY, PER THE PROPOSAL SHOWN IN EXHIBIT “A” ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Anna is the owner and operator of an undersized water main located in a utility easement along Quail Creek Run; and, WHEREAS, the undersized water main is in poor condition and must be replaced; and, WHEREAS, the services provided by Grantham & Associates, Incorporated will be funded through the Utility Department Funds in the Fiscal Year 2022-2023 Budget; 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. Authorization. A. That the funding shall be $92,920 in Utility Department Funds. B. That the City Council hereby approves entering into and authorizes the City Manager to execute a professional services agreement with Grantham & Associates, Incorporated for the scope of services identified in Exhibit “A” attached hereto. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this ___ day of _________, 2023. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie L. Land Mayor Nate Pike EXHIBIT “A” April 12, 2023 Mr. Justin Clay, CPM CIP Manager City of Anna 3223 N. Powell Pkwy Anna, TX 75409 Re: Quail Creek Run Water Improvements Proposal for Engineering and Surveying Services Dear Justin: Pursuant to your request, Grantham & Associates, Inc. (G&A) has prepared this proposal for engineering and surveying services associated with approximately 2,250 linear feet of water line replacement in Quail Creek Run. Scope of Services The scope of services for this project has been separated into Basic and Special Services as summarized below. Basic Services • Perform a topographic survey and property line survey of the corridor. • Plot plats and deeds along the project corridor. • Prepare 30%, 90%, and 100% plans for the improvements. • Prepare a quantity take-off and Opinion of Probable Construction Cost (OPCC) with each submittal. • Prepare bid documents and assist the City in bidding the project. • Provide construction support services to the City and prepare Record Drawings. Special Services • Prepare up to seven (7) water easements. • An unforeseen items allowance is provided for additional services that may be required, such as subsurface utility engineering (SUE) potholes and TxDOT coordination. Assumptions • No field surveying will be performed in order to prepare Record Drawings; City and Contractor plan markups will be used exclusively. • G&A will prepare an Erosion Control Plan but the contractor will prepare a SWPPP. Fee The sheet count provided as Exhibit A was used to determine the design fee. The manhour estimate provided in Exhibit B was used to determine the fees for all phases except the engineering phase. The Opinion of Probable Construction Cost is included in Exhibit C. Mr. Justin Clay, CPM April 12, 2023 Page 2 Lump Sum (LS) fees are proposed except as noted as a Cost Plus (C+) reimbursable fee. The Cost-Plus fees provided shall not be exceeded without prior written approval of the City. Basic Services • Engineering $ 44,000 (LS) • Set Survey Control Points $ 2,205 (LS) • ROW & Property Survey $ 10,515 (LS) • Topographic Survey $ 8,880 (LS) • Bidding Services $ 3,895 (LS) • Construction Services $ 7,425 (C+) • Reimbursables $ 1,000 (LS) Total Basic Services $ 77,920 Special Services • Easement Preparation (7 @ $1,000 ea.) $ 7,000 (per each) • Unforeseen Items Allowance $ 8,000 (C+) Total Special Services $ 15,000 Total Fee $ 92,920 Please contact me if you have any questions regarding this Task Authorization #2. Very truly yours, Bruce Grantham, P.E. Attachments H:\WPDOCS\PROPOSAL\ANNA\SLATER CREEK & QUAIL CREEK RUN WATER\TA FY23-GA-02 QUAIL CREEK RUN PROPOSAL.DOCX CITY OF ANNA - QUAIL CREEK RUN WATER LINE IMPROVEMENTS Sheet Index No. Sheets Cost per Sheet Sheet Cost Cover 1 $1,000 $1,000 R.O.W. & Dimensional Control Plan (1" = 40' scale)2 $2,000 $4,000 Quantities & Project Notes 1 $4,500 $4,500 Erosion Control (1" = 40' scale)2 $2,500 $5,000 Water Plan (6") Plan 3 $6,500 $19,500 Utility Crossing Profiles 1 $6,500 $6,500 Subtotal Plan Cost 10 $40,500 Bid Documents & OPCC's $3,500 Total Engineering Cost $44,000 Note: All sheets are 1" = 20' scale unless otherwise noted. EXHIBIT A - ENGINEERING COST April 12, 2023 Summary of Sheets & Bid Documents TASK AUTHORIZATION #1 EXHIBIT B - MANHOUR PROJECTION CITY OF ANNA - QUAIL CREEK RUN WATER LINE IMPROVEMENTS 4/12/2023 ESTIMATED MANHOURS Project Principal Project Manager Design Tech CADD Tech Admin Survey Manager Survey Tech 1 Man Survey TOTAL $265 $170 $140 $90 $105 $210 $110 $155 BASIC SERVICES - TASK DESCRIPTION SET SURVEY CONTROL POINTS TIE INTO CITY SURVEY CONTROL 1 1 2 SET PROJECT SURVEY CONTROL 1 1 2 8 12 SUTOTAL CONTROL HOURS 0 1 0 0 0 2 2 9 14 SUTOTAL CONTROL COST $0 $170 $0 $0 $0 $420 $220 $1,395 $2,205 ROW AND PROPERTY SURVEY OBTAIN & REVIEW PLATS AND DEEDS 1 1 2 6 10 LOCATE PROPERTY CORNERS 2 4 27 33 SET DOWN PROPERTIES IN CADD FILE 1 2 12 15 ADD OWNERSHIP INFORMATION AND ADDRESSES IN CAD FILE 1 2 1 4 PREPARE ROW AND PROPERTY STRIP MAP 1 1 8 1 2 13 SUTOTAL PROPERTY SURVEY HOURS 2 4 0 10 0 7 25 27 65 SUTOTAL PROPERTY SURVEY COST $530 $680 $0 $900 $0 $1,470 $2,750 $4,185 $10,515 TOPOGRAPHIC SURVEY CONTACT TEXAS811 AND SURVEY UTILITY MARKERS 1 3 4 TOPOGRAPHIC SURVEY 1 1 4 24 30 PROCESS SURVEY DATA 2 2 4 PREPARE PLAN BASE SHEETS 1 8 8 17 SUTOTAL TOPOGRAPHIC SURVEY HOURS 1 2 0 8 0 15 2 27 55 SUTOTAL TOPOGRAPHIC SURVEY COST $265 $340 $0 $720 $0 $3,150 $220 $4,185 $8,880 BIDDING SERVICES FURNISH PLANS AND BID DOCUMENTS TO CITY & PLAN ROOMS 1 1 1 3 ATTEND PRE-BID CONFERENCE 4 4 RESPOND TO CONTRACTOR BID QUESTIONS 2 2 PREPARE ADDENDA 1 2 4 2 9 TABULATE BIDS AND PREPARE CONTRACTOR RECOMMENDATION 4 1 5 PREPARE CONFORMED PROJECT MANUAL 2 2 4 SUBTOTAL BIDDING PHASE HOURS 1 15 0 5 6 0 0 0 27 SUBTOTAL BIDDING PHASE COST $265 $2,550 $0 $450 $630 $0 $0 $0 $3,895 TASK AUTHORIZATION #2 H:\WPDOCS\PROPOSAL\Anna\Slater Creek & Quail Creek Run Water\TA FY22-GA-02 Quail Creek Run Exhibits.xlsx ESTIMATED MANHOURS Project Principal Project Manager Design Tech CADD Tech Admin Survey Manager Survey Tech 1 Man Survey TOTAL $265 $170 $140 $90 $105 $210 $110 $155 CONSTRUCTION SERVICES PREPARE FOR-CONSTRUCTION PLANS 1 1 4 6 PRECONSTRUCTION MEETING (1)4 4 REVIEW SHOP DRAWING SUBMITTALS 8 8 REVIEW CHANGE ORDERS & RFI'S 1 2 6 2 11 TRACK & LOG CHANGE ORDERS & SUBMITTALS 1 1 CONSTRUCTION SITE VISIT (1)4 4 FINAL WALK-THROUGH 4 4 RECORD DRAWINGS 1 2 12 15 SUBTOTAL CONSTRUCTION HOURS 1 25 9 16 2 0 0 0 53 SUBTOTAL CONSTRUCTION COST $265 $4,250 $1,260 $1,440 $210 $0 $0 $0 $7,425 Basic Services Fee Summary ENGINEERING 44,000$ SET SURVEY CONTROL POINTS 2,205$ ROW AND PROPERTY SURVEY 10,515$ TOPOGRAPHIC SURVEY 8,880$ BIDDING SERVICES 3,895$ CONSTRUCTION SERVICES 7,425$ REIMBURSABLES 1,000$ Subtotal Basic Services 77,920$ Special Services Fee Summary EASEMENTS (7 @ $1,000 EA.)7,000$ UNFORESEEN ITEM ALLOWANCE 8,000$ Subtotal Special Services 15,000$ Total 92,920$ H:\WPDOCS\PROPOSAL\Anna\Slater Creek & Quail Creek Run Water\TA FY22-GA-02 Quail Creek Run Exhibits.xlsx ITEM NO.DESCRIPTION UNIT QUANTITY UNIT COST TOTAL COST 1 SAWCUT, REMOVE & DISPOSE ASPHALT PAVEMENT SY 35 $75.00 $2,625.00 2 REMOVE & DISPOSE GRAVEL STREET/DRIVEWAY SY 150 $55.00 $8,250.00 3 FURNISH & INSTALL 6" ASPHALT PAVEMENT SY 35 $90.00 $3,150.00 4 FURNISH & INSTALL GRAVEL STREET/DRIVEWAY SY 150 $40.00 $6,000.00 6 FURNISH & INSTALL WATER 8" DR-18 PVC LF 2,250 $85.00 $191,250.00 7 FURNISH & INSTALL DUCTILE IRON FITTINGS TN 1 $15,000.00 $15,000.00 9 FURNISH AND INSTALL 8" GATE VALVE EA 7 $4,000.00 $28,000.00 10 FURNISH & INSTALL 8"x8" TAPPING SLEEVE & VALVE EA 1 $7,000.00 $7,000.00 11 FURNISH & INSTALL FIRE HYDRANT WITH 6" VALVE & 6" LEAD EA 5 $8,500.00 $42,500.00 12 FURNISH & INSTALL 1" WATER SERVICE EA 16 $2,200.00 $35,200.00 13 TRENCH SAFETY (FOR WATER)LF 2,250 $2.00 $4,500.00 14 SODDING SY 2,500 $10.00 $25,000.00 15 EROSION CONTROL LS 1 $5,000.00 $5,000.00 16 MOBILIZATION LS 1 $15,000.00 $15,000.00 17 FURNISH & INSTALL TRAFFIC CONTROL LS 1 $7,500.00 $7,500.00 18 FURNISH AND INSTALL TEMPORARY CONSTRUCTION FENCE LF 500 $20.00 $10,000.00 19 MATERIALS TESTING LS 1 $5,000.00 $5,000.00 SUBTOTAL:$410,975.00 CONTINGENCY (20%):$82,195.00 TOTAL:$493,170.00 EXHIBIT C QUAIL CREEK RUN WATER IMPROVEMENTS OPINION OF PROBABLE CONSTRUCTION COST April 12, 2023 Item No. 6.f. City Council Agenda Staff Report Meeting Date: 5/9/2023 Staff Contact: Joey Grisham AGENDA ITEM: Acting as the Anna Public Facility Corporation Board of Directors, Consider/Discuss/Action on approving a Memorandum of Understanding with JPI Real Estate Acquisition II, LLC for a multifamily project. (Director of Economic Development Joey Grisham) SUMMARY: The Anna Public Facility Corporation was approached by JPI in pursuit of a partnership related to the Serenity on the Square project in Anna Town Square. Serenity on the Square is owned by GB Partners,LLC and JPI is in negotiations with them for the purchase of the property. The Anna PFC has entered into agreements on two other projects with JPI—Parmore Anna Senior Living and The Villages of Waters Creek. JPI is one of the largest multifamily builders in Texas. JPI is proposing a 320-unit project that includes commitments to all the stipulations laid out in the zoning. Below is a summary of the unit breakdown/cost and term summary included in their Memorandum of Understanding that is currently being reviewed by staff. For reference, the current Area Median Income (AMI) for Collin County is just over $102,000 and $71,186 for the U.S. FINANCIAL IMPACT: The PFC is estimated to receive approximately $2,000,000 over the first 10 years of the project, of which $1,000,000 will be paid at closing. The city will also receive all impact fees, permit fees, and any other applicable city fees. BACKGROUND: Serenity on the Square is located at the intersection of Sharp Street and Finley Blvd . Last May, the site’s zoning was updated to MF-2 with several stipulations including a minimum of 5,000 square feet of commercial space, a maximum of 3-stories or 50 feet (4-stories or 65 feet when commercial uses are on the first floor), a maximum of 320 units, 50% covered parking, perimeter fencing, a minimum of seven (7) live/work units, and landscape buffers. . STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Memorandum of Understanding - Sharp & Finley Memorandum of Understanding – [Sharp & Finley] 4875-4273-6207v.1 015525.00125 MEMORANDUM OF UNDERSTANDING BETWEEN ANNA PUBLIC FACILITY CORPORATION AND JPI REAL ESTATE ACQUISITION II, LLC “[SHARP & FINLEY]” THIS NON-BINDING MEMORANDUM OF UNDERSTANDING (this “MOU”) is between the ANNA PUBLIC FACILITY CORPORATION (the “Anna PFC”), a nonprofit public facility corporation organized under Chapter 303 of the Texas Local Government Code, and JPI REAL ESTATE ACQUISITION II, LLC (the “Developer”), a Texas limited liability company and is dated and effective as of _____________________, 2023. The Developer is a developer of low and moderate income housing in the State of Texas. The Anna PFC is a nonprofit public facility corporation whose mission is to finance or to provide for the acquisition, construction, rehabilitation, renovation, repair, equipping, furnishing and placement in service of public facilities. The Developer and the Anna PFC hereby agree to negotiate in good faith to potentially finance and develop an approximately 320-unit multifamily housing development to be located at the intersection of Sharp Road and Finley Road in the City of Anna, Collin County, Texas (the “Project”), which, if an agreement is reached, would be accomplished generally in accordance with the terms of this MOU. TERMS A. OWNERSHIP STRUCTURE 1. The Developer will form a Delaware limited liability company (the “Company”) for the purpose of owning the Project. A single-purpose entity that is wholly-owned by the Anna PFC or a nonprofit affiliate of the Anna PFC will be admitted into the Company as the sole Special Member (the “Special Member”). 2. The Developer may designate an affiliate to serve as a managing member of the Company (the “Managing Member”), with certain oversight and approval rights. Any such rights must be agreed to by the Anna PFC and may not, in the opinion of Company Counsel (as hereinafter defined), result in the Managing Member being deemed a Special Member for exercising its rights under the Company Agreement (as hereinafter defined). 3. The duties of the Special Member and the Managing Member shall be set forth in a Company agreement (the “Company Agreement”) to be entered into among the Special Member, the Managing Member, and an equity investor as the investor member (the “Investor Member”). Memorandum of Understanding ________________________________ ____________________________, 2023 Page 2 of 10 4875-4273-6207v.1 015525.00125 The Special Member’s execution of the Company Agreement shall be subject to the following terms: (i) The Special Member’s representations shall be limited to those within the Special Member’s actual knowledge and in no case shall due inquiry be required, it being understood and agreed that the Special Member will not be looked upon by the Managing Member or the Investor Member to conduct Project-related diligence, and any such diligence conducted by the Anna PFC is solely for its own benefit; (ii) The Special Member shall be indemnified by Managing Member for any liabilities incurred under the Company Agreement or in connection with the Project, except for liabilities incurred as a result of the Special Member’s gross negligence or willful misconduct, and in no event shall such indemnification be contingent upon a ruling of a court of law; (iii) The Special Member shall not be required to covenant to undertake actions or obligations that the Managing Member will be required to take under the Company Agreement; and (iv) The Company Agreement shall contain a provision wherein the Managing Member and Investor Member acknowledge that the obligations of the Special Member under the Company Agreement are obligations solely of the Special Member and not the owner of the Special Member. The Developer agrees that it will provide an executed copy of this MOU to the Investor Member prior to executing an equity letter of intent or similar document (an “LOI”) and, as set forth in Paragraph C.2. below, agrees to provide the LOI to the Anna PFC for review and comment prior to execution. 4. Title to the land for the Project shall be taken in the name of a subsidiary of the Anna PFC (the “Ground Lessor”), and the Ground Lessor shall then enter into a 99-year ground lease (the “Ground Lease”) with the Company, as tenant, holding an interest in the improvements that constitute the Project. Upon termination of the Ground Lease, ownership of the improvements constituting the Project shall revert to the Anna PFC. In the event that the Project is sold, the Ground Lease shall provide for a transfer of title to the land to a purchaser upon payment of a nominal cost. 5. The Managing Member will have the right to assign its direct or indirect interests in the Company with the prior written consent of the Special Member, which consent shall not be unreasonably withheld, conditioned or delayed; provided, however that Managing Member will have the right to assign its direct or indirect interests in the Company without the prior written consent of the Special Member: (i) by a permitted lender, (ii) pursuant to a foreclosure or deed- in-lieu thereof of a permitted lender, (iv) in connection with a permitted ownership transfer, (v) a sale of the Ground Lease, (vi) to an affiliate of the Company or (vii) as otherwise permitted by the Lease or the Company Agreement. 6. It is currently anticipated that an affiliate[s] of Developer may act as both Managing Member and Investor Member (although, at Developer’s option, the Investor Member may be a third-party investor selected by Developer). Notwithstanding anything to the contrary herein, Memorandum of Understanding ________________________________ ____________________________, 2023 Page 3 of 10 4875-4273-6207v.1 015525.00125 Investor Member will have unrestricted transfer rights on its membership interests in Investor Member and/or its interests in the Company (whether direct or indirect) and no consent shall be required from any party with respect thereto (and no right of first offer or right of first refusal or option in favor of the Special Member will be applicable with respect thereto). B. DUE DILIGENCE As a condition to the Anna PFC’s participation in the financing and ownership of the Project, the Anna PFC requires the Developer to provide due diligence information on the Project and its proposed financing and operations pursuant to the due diligence checklist (the “Checklist”) attached hereto as Exhibit A. The Developer shall deliver the due diligence items on the Checklist at the times that will be stated on the Checklist. Failure of the Developer to deliver to the Anna PFC due diligence items acceptable to the Anna PFC shall be grounds for the Anna PFC to terminate the negotiations under this MOU in the Anna PFC’s discretion. C. FINANCING 1. The Developer will apply for construction and permanent financing (the “Loan”) on behalf of the Company. The Developer shall be responsible for selecting the lender and negotiating the loan terms on behalf of the Company; provided, that the Anna PFC shall have the right to review and approve the financing arrangements and the terms and conditions of any Loan documents. 2. On behalf of the Company, the Developer will facilitate and negotiate the terms of an equity investment in the Project (the “Equity”); provided, that the Anna PFC shall have the right to review and reasonably approve the identity of the Investor Member. The Equity financing documents are expected to include the Company Agreement. 3. The Developer shall pay all costs and fees associated with applying for the Loan and facilitating the Equity investment, which costs, along with all other pre-development costs incurred by the Developer (to the extent included within the approved budget), may be reimbursed at Closing (as defined herein) from the proceeds of the Loan and Equity. In the event this MOU is terminated or the transaction fails to close as contemplated herein, the Developer shall be solely responsible for all costs described above and the Anna PFC and its affiliates shall have no responsibility for payment or reimbursement of such costs. 4. The Developer and its affiliates shall provide any guarantees of construction completion, operating expenses, return on Equity investment, and the like that may be required in conjunction with the Loan or the Equity financing. NEITHER THE ANNA PFC, THE SPECIAL MEMBER NOR ANY OF THEIR AFFILIATES WILL PROVIDE ANY GUARANTEES OR INDEMNITIES IN CONNECTION WITH THE FINANCING OF THE PROJECT. D. DESIGN AND CONSTRUCTION 1. The Developer shall provide comprehensive development services to the Company pursuant to a Development Agreement to be entered into by the Company and Developer. Memorandum of Understanding ________________________________ ____________________________, 2023 Page 4 of 10 4875-4273-6207v.1 015525.00125 2. The Developer shall prepare and promptly provide the Anna PFC a detailed development budget for the Project. 3. The Developer shall be responsible for obtaining the services of design professionals for the design of the site plan and design of the Project. The Anna PFC will be provided copies of the final plans and specifications for the Project, including all construction contracts. The Anna PFC will have the right to review, comment and approve such plans, specifications and contracts at least five (5) business days prior to the execution of the contracts. 4. In order to secure an exemption from state sales tax for the acquisition of building materials, a limited liability company wholly-owned by the Anna PFC (the “Contractor”), shall serve as the general contractor in connection with the construction of the Project. In connection with the participation of the Contractor as described in the previous sentence, the Contractor shall be entitled to a fee equal to 1% of construction hard costs, 50% of which fee shall be payable at Closing and the remaining 50% of such fee shall be payable upon completion of construction of the Project. Developer’s affiliate, JPI Construction, LLC, shall serve as the prime subcontractor for the Project and shall receive a fee equal to 5.25% of total cost of the Project. 5. The Developer shall be responsible for obtaining all governmental approvals and permits needed in order to construct and operate the Project. 6. The Project shall be constructed so as to comply with ADA and Section 504 requirements, as applicable under federal and state law. 7. The Construction Contract used with regards to the Project will not be on an AIA form, rather the Construction Contract will be JPI’s standard form of construction management agreement, to be negotiated and agreed upon by Developer and Contractor. E. MANAGEMENT AND OPERATION 1. ZRS Management Company or such other Developer designated affiliate shall serve as the property manager (the “Manager”) for the Project, which will be memorialized in a management agreement (the “Management Agreement”) in form and substance acceptable to the Anna PFC. Developer reserves the right to replace the Manager as it deems necessary, subject to Anna PFC’s prior approval, which shall not be unreasonably withheld, delayed, or conditioned. 2. Notwithstanding anything to the contrary, the Management Agreement will automatically renew upon its scheduled termination unless either party gives ninety (90) days’ notice to renegotiate the terms or terminate the Management Agreement. F. COMMUNITY SUPPORT The Anna PFC and the Developer shall be jointly responsible for interfacing with the local governmental officials in connection with support for the Project. The parties will consult with each other and coordinate the response to any media inquiries and/or public opposition to the Project that may arise. Memorandum of Understanding ________________________________ ____________________________, 2023 Page 5 of 10 4875-4273-6207v.1 015525.00125 G. AD VALOREM PROPERTY TAX EXEMPTION The ownership structure contemplated herein is expected to generate ad valorem tax exemption for the Project. The Anna PFC, on behalf of the Company, shall work with the Collin County appraisal district to obtain confirmation of the availability of such exemption in the form of a pre-determination letter. At Closing, the Developer shall cause an opinion of counsel to be delivered, in form and substance acceptable to the Anna PFC, with respect to the ad valorem tax exemption, which opinion will also cover the exemption from state sales taxation. H. RENT, FEES, AND EXPENSES 1. The Developer shall be entitled to receive a development fee (the “Development Fee”) equal to 5% of the total cost of the Project for its services in developing the Project. In addition, at the Closing, Anna PFC shall be paid a separate upfront development fee in an amount equal to 20% of the Development Fee. 2. The Company shall pay to Anna PFC an annual lease payment under the Ground Lease initially in the amount of $27,500 (the “Lease Rent”), which payment shall be increased annually by 3% so long as the Ground Lease is in effect. The rent commencement date for the Lease Rent shall be the date that is 6 months after completion of construction of the Project. Further, the Lease Rent shall be paid by the Company in 12 equal installments each year and shall be payable monthly as an operating expense. 3. The Special Member shall be entitled to receive a share equal to 1% of the gross sales price for a sale of the Project to a third party (the “Sale Fee”). The Sale Fee shall be paid to the Special Member after repayment of the Loan but prior to any payment to Equity. In the event of a refinancing of the Loan on the Project to a new lender, the Special Member shall be entitled to receive a share equal to 10% of net cash flow generated from the refinancing, subordinate to Investor Member first receiving a return of all capital and a preferred return of 8%. All other fees, distributions or sale or refinancing proceeds payable to the Special Member pursuant to the terms of the Company Agreement, shall be retained by the Special Member and the Special Member shall not be required, under any circumstance, to share any such fees, distributions or sale or refinancing proceeds with the Developer. 4. The Special Member and Managing Member shall each be entitled to receive a Company management fee in the amount of $10,000 per year for its services in connection with management of the Company, which fee shall increase by 3% annually and accrue without interest if cash flow is insufficient to pay such fee in any year. Developer or its affiliate will provide asset management services to the Company, and Developer shall be paid a maximum of 35 basis points of project cost per annum, paid monthly through stabilization, and $150,000 per year after stabilization. 5. Neither party shall enter into any contractual relationship or agreement relating to the Project that would cause either financial or legal liability to the other, without the other party’s prior written consent. 6. All expenses incurred by the City of Anna and Anna PFC in connection with this MOU and the Project, including but not limited to costs for staff time to review the proposed Memorandum of Understanding ________________________________ ____________________________, 2023 Page 6 of 10 4875-4273-6207v.1 015525.00125 Project, third-party reports, the Anna PFC’s legal counsel, the City of Anna’s legal counsel, counsel to the Special Member and the Company, special real estate counsel, financial advisor and other expenses incurred by the Anna PFC in connection with the proposed Project (the “Costs”), shall be included in the Project’s development budget and reimbursed by the Company to the Anna PFC concurrently with the closing on the Loan (the “Closing”). Anna PFC expects to incur costs for its counsel in the amount of $100,000 and for its financial advisor in the amount of $100,000, which fees are in addition to fees set forth in the immediately succeeding paragraph. In addition to the fees set forth above and as a precondition for the Anna PFC proceeding with the financing of the Project, upon execution and delivery of this MOU, the Developer shall pay the amount of $25,000 to each of Hilltop Securities Inc. and Chapman and Cutler LLP. Such fees are nonrefundable. I. REGULATORY RESTRICTIONS The Developer and the Anna PFC agree that (i) at least 33% of the units in the Project will be restricted for rent to individuals and families earning no more than 70% of the area median income (as published from time to time by the Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937, as amended and referred to herein as “AMI”); (ii) at least 17% of the units in the Project will be restricted for rent to individuals and families earning no more than 80% AMI; and (iii) the remainder of the units in the Project will be at market rents determined by Developer. Further, the Project will be subject to any such other restrictions as shall be required by the Anna PFC. Income shall be verified by the Developer pursuant to a review of the tenants’ federal income tax returns or other commercially reasonable method acceptable to the Anna PFC. The Developer and the Anna PFC will enter into a Regulatory Agreement at Closing to be recorded in the applicable county land records that will set forth the income restrictions and describe the methodology for income verification and reporting. J. SALE AND TERMINATION RIGHTS 1. Managing Member may elect to transfer, sell, and assign its interest in the Ground Lease to a third party at any time following the thirtieth (30th) day after completion of construction so long as Special Member consents to the identity of such third party via Special Member’s customary “know your customer” practices, such consent not to be unreasonably withheld, conditioned, or delayed. 2. Managing Member may elect to terminate the Ground Lease at any time following the thirtieth (30th) day after completion of construction so long as Managing Member pays to Special Member an Early Termination Fee on the actual date of termination (the “Early Termination Date”). As used herein, “Early Termination Fee” means (a) in the case of an Early Termination Date which occurs on or before the tenth (10th) anniversary of the Ground Lease effective date, $1,000,000, (b) in the case of an Early Termination Date which occurs after the tenth (10th) anniversary of the Ground Lease effective date but on or before the fifteenth (15th) anniversary of the Ground Lease effective date, $750,000, (c) in the case of an Early Termination Date which occurs after the fifteenth (15th) anniversary of the Ground Lease effective date but on or before the twentieth (20th) anniversary of the Ground Lease effective date, $500,000, (d) in the Memorandum of Understanding ________________________________ ____________________________, 2023 Page 7 of 10 4875-4273-6207v.1 015525.00125 case of an Early Termination Date which occurs after the twentieth (20th) anniversary of the Ground Lease effective date but on or before the twenty-fifth (25th) anniversary of the Ground Lease effective date, $250,000, (e) in the case of an Early Termination Date which occurs after the twenty-fifth (25th) anniversary of the Ground Lease effective date but on or before the thirtieth (30th) anniversary of the Ground Lease effective date, $100,000, or (f) in the case of an Early Termination Date which occurs at any time after the thirtieth (30th) anniversary of the Ground Lease effective date, $0. K. MISCELLANEOUS 1. This MOU is a letter of intent only. The parties contemplate entering into the Company Agreement that will fully set forth their respective rights, duties, and obligations. This MOU will have no binding effect and may be terminated at any time by either party for any reason. Upon termination of this MOU for any of the reasons cited above, neither party shall have any ongoing obligation to the other with respect to this MOU or the Project. 2. The parties acknowledge that the Company, the Special Member, the Anna PFC and its affiliates will be represented in this transaction by Chapman and Cutler LLP (“Company Counsel”) in a legal capacity and Hilltop Securities Inc. in a financial advisory capacity (“Hilltop Securities”). The Developer, the Managing Member and their affiliates will be represented by separate counsel and will not be entitled to rely on Company Counsel for representation in this matter and acknowledges that no financial advisory relationship will exist among the Developer, the Managing Member and their affiliates and Hilltop Securities. [Remainder of Page Intentionally Left Blank] [Signature Page to "[Sharp & Finley]" MOU] 4875-4273-6207v.1 015525.00125 EXECUTED to be effective as of the date above shown. ANNA PUBLIC FACILITY CORPORATION By: Name: Title: JPI REAL ESTATE ACQUISITION II, LLC, A TEXAS LIMITED LIABILITY COMPANY By: Name: Title: 4875-4273-6207v.1 015525.00125 EXHIBIT A ANNA PUBLIC FACILITY CORPORATION CHECKLIST OF DUE DILIGENCE 4875-4273-6207v.1 015525.00125 EXHIBIT A ANNA PUBLIC FACILITY CORPORATION CHECKLIST OF DUE DILIGENCE PROPERTY ITEMS RECEIVED ITEM DEADLINE NOTES Project Description, including number of units, unit sizes, and amenities. Site Location information, with map. Proposed Rent Schedule, with tenant income restrictions. Site Plan Market Study Appraisal Phase I Environmental Soils Report Evidence of site control Evidence of zoning Title Commitment with all exceptions Survey Physical needs analysis (for rehabilitation projects) DEVELOPMENT ITEMS RECEIVED ITEM DEADLINE NOTES Detailed Development Budget Sources and Users Statement of Developer’s experience, including evidence of newt worth. Resume of Master Subcontractor, with evidence of experience Plans and Specifications Resume of Architect, with evidence of experience. 4875-4273-6207v.1 015525.00125 FINANCING ITEMS RECEIVED ITEM DEADLINE NOTES 15-year Pro Forma Debt financing commitment Equity financing commitment Description of all other sources of financing Application for debt financing OPERATIONAL ITEMS RECEIVED ITEM DEADLINE NOTES Resume of property management company, with evidence of experience. Description of social services to be provided and information regarding social services provider Proposed Rent Schedule, with tenant income restrictions Current rent roll (if applicable) ORGANIZATIONAL ITEMS RECEIVED ITEM DEADLINE NOTES Organizational documents for limited Company Item No. 7.d. City Council Agenda Staff Report Meeting Date: 5/9/2023 Staff Contact: Ryan Henderson AGENDA ITEM: Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). Boards and Commissions SUMMARY: . FINANCIAL IMPACT: . BACKGROUND: . STRATEGIC CONNECTIONS: . ATTACHMENTS: