HomeMy WebLinkAboutRes 2023-06-1464 Development Agreement- Dosti Partners LLCCITY OF ANNA, TEXAS
RESOLUTION NO. a023-0Pv-1404
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A DEVELOPMENT
AGREEMENT WITH DOSTI PARTNERS LLC, RELATING TO DEVELOPMENT AND
DESIGN REGULATIONS FOR 54.9± ACRES GENERALLY LOCATED AT THE
NORTHEAST CORNER OF U.S. HIGHWAY 75 AND COLLIN COUNTY OUTER LOOP
ROAD.
WHEREAS, Dosti Partners LLC, is the Property Owner of real estate generally located at the
northeast corner of U.S. Highway 75 and Collin County Outer Loop Road; and
WHEREAS, Property Owner desires to rezone the subject property to allow a Planned
Center District to allow for a multiple -family residence, hotel and private club/banquet hall
development with modified development standards; and
WHEREAS, Property Owner has agreed to development and design regulations should the
City approve rezoning the property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Approval
The City Council hereby approves the Development Agreement with the Property Owner
attached hereto as Exhibit A, and ratifies and approves the City Manager's execution of the
same. The City Manager is hereby authorized to execute all documents and take all other
actions necessary to finalize, act under and enforce the Agreement.
PASSED by the City Council of the City of Anna, Texas, on this 27th day of June 2023.
ATTESTED:
&"t" X. 4��4_z
Carrie L. Land, City Secretary
APPROVED:/-
Nate Pike, Mayor
After Recording Return to:
City of Anna
DEVELOPMENT AGREEMENT 120 W 7th St, Anna, Tx 75409
This Development Agreement (this "Agreement") is entered effective as of June 27,
2023 ("Effective Date") between and among the City of Anna, Texas, a Texas home -rule
municipality ("City") and Dosti Partners LLC ("Property Owner") as follows:
RECITALS
WHEREAS, the Property Owner is the sole owner of 54.900 acres of real property described
in Exhibit 1 and depicted on Exhibit 2, (the "Property"); and,
WHEREAS, Property Owner has, at the request of Developer, applied to rezone the Property
to allow for Planned Development which will include the following zoning districts; C-3 Planned
Center District (C-3); and,
WHEREAS, the City's Planning & Zoning Commission and City Council have given the
requisite notices by publication and otherwise and have scheduled public hearings with respect
to the rezoning of the Property as required by law; and,
WHEREAS, in the case of the Property being rezoned, the City and Property Owner desire to
enter into a development agreement to establish development and design regulations to ensure
that future development is appropriate for the area and fits in well with adjacent properties; and,
WHEREAS, it is the Parties' mutual intent that this agreement shall govern only the subject
matter specifically set forth herein and shall supersede provisions of Anna City Code of
Ordinances and other regulations and adopted policies of the City (collectively, "City
Regulations") only to the extent that any such City Regulations directly conflict with the terms
of this development agreement; and,
NOW, THEREFORE, in consideration of the above recitals and the mutual consideration as
reflected in the covenants, duties and obligations contained herein, the sufficiency of which is
hereby acknowledged, the Parties hereto agree as follows, effective as of the Effective Date:
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SECTION 1. RECITALS INCORPORATED.
The recitals set forth above are incorporated herein as if set forth in full to further describe the
Parties' intent under this development agreement and said recitals constitute representations
by Property Owner, Developer, and the City.
SECTION 2. DEVELOPMENT STANDARDS / BUILDING MATERIALS.
A. Development and use of the Property, including, without limitation, the construction,
installation, maintenance, repair, and replacement of all buildings and all other
improvements and facilities of any kind whatsoever on and within the Property, shall be in
compliance with City Regulations unless expressly stated to the contrary in this Agreement.
City Regulations shall apply to the development and use of the Property unless expressly
set forth to the contrary in this Agreement. It is expressly understood and the Parties agree
that City Regulations applicable to the Property and its use and development are comprised
of the City Code provisions, ordinances, design standards, uniform codes, zoning
regulations affected by this Agreement and in each case in effect as of the Effective Date,
and other policies duly adopted by the City as of the Effective Date, including without
limitation any such regulations or requirements that were affected by the passage of Texas
H.B. 2439, 86(R), codified as Chapter 3000 of the Texas Government Code ("Materials
and Methods Regulations"), which are collectively incorporated herein as if set forth in full
for all purposes; provided -however, to the extent of any conflict between the requirements
of Materials and Methods Regulations and the requirements of this Agreement, this
Agreement shall control. For purposes of this Agreement, "City Regulations" mean the
City's applicable development regulations in effect on the Effective Date, including without
limitation City Code provisions, ordinances (including, without limitation, all development
fees), design standards, and other policies duly adopted by the City, in each case in effect
on the Effective Date; provided, however, that as it relates to public infrastructure for any
given phase of any project to be constructed on the Property, the applicable construction
standards (including, without limitation, uniform building codes) shall be those that the City
has duly adopted at the time of the filing of an application for a preliminary plat for that phase
unless construction has not commenced within two years of approval of such preliminary
plat in which case the construction standards shall be those that the City has duly adopted
at the time that construction commences.
B. With respect to all structures/development within the PD Zoning District, Owner agrees to
comply with all City Regulations and with the masonry material requirements and all other
requirements of the Anna City Code of Ordinances, Article 9.04 Zoning Ordinance, Section
9.04.034 Supplementary District Regulations, Subsection (e) Architectural Design
Standards in effect as of the Effective Date, which are incorporated herein as if set forth in
full for all purposes, and with the following standards (in the event of any conflict, the
following listed standards shall govern). Notwithstanding the foregoing, a Subsequent
Owner upon a Closing (as hereinafter defined) must agree in writing to assume Owner's
responsibilities set forth herein. For purposes of this Agreement the term "Subsequent
Owner" means any person or entity that acquires all or any part of the Property from Owner
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or Owner's successor in title to the Property or any part thereof. A party shall constitute a
Subsequent Owner hereunder only during such time as such party owns fee simple title to
all or a portion of the Property.
Multiple -Family Residence Buildings
A. Except as noted below, the exterior walls (excluding windows and doors) on the front
elevation of any structure shall be 50 percent masonry. The total cumulative surface area
of the remaining exterior walls (excluding windows and doors) shall be 30 percent
masonry. Each structure shall be deemed to have only one front elevation.
B. Roofing materials of a structure may only consist of architectural asphalt shingles (including
laminated dimensional shingles), clay and concrete tile, metal shingles, mineral -surfaced
row roofing or standing seam metal, slate and slate -type shingles, or an equivalent or better
product as compared with said materials. Should architectural shingles be used as roofing
material, said shingles shall be accompanied with a minimum 25-year warranty. Under no
circumstance shall three -tab shingles be used as roofing material.
C. Accessory buildings shall use similar building and roofing materials as those used
on the primary buildings.
D. Two or more distinct building models shall be designed for projects with more than four
primary buildings.
E. A covered entry area shall be designed at the main entry to each building.
F. A minimum of 75% of all units must have one of the following design features: a true
balcony, stoop, or patio to create outdoor living space.
G. No building facade may exceed a length of 75 feet without a break in the facade of a
minimum depth of two (2) feet for a minimum length of ten (10) feet.
H. Four architectural design features are required on facades facing public streets, parking
and common areas. Acceptable architectural design features may include but are not
limited to:
1) Articulation of building facade
2) Extensions to the building through bay or box windows, and other similar features
projecting out from the facade
3) A horizontal change in building materials between stories of a building
4) Variation in building materials between vertical intervals
5) Variations in window placement
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6) Architectural features such as shutters, awnings, dormers, chimneys, decorative
moldings or ornamental details
7) Roof height, pitch, ridgelines and materials shall be varied to create visual interest
and avoid repetition.
Nonresidential Buildings (C-3 Zoning District)
A. The exterior walls that are visible to US-75 (excluding doors, door frames, windows, and
window frames) shall use only stone, brick, and/or split face concrete masonry units in
the construction of the exterior facade.
B. At least 75 percent of exterior fagades that are visible to the public (excluding doors, door
frames, windows, and window frames) are required to be brick or rock veneer.
C. At least 50 percent of exterior fagades not visible to the public (excluding doors, door
frames, windows, and window frames) are required to be brick or rock veneer.
D. A maximum of 10 percent of any exposed exterior wall may consist of EIFS.
E. Where the function of an individual business, or the recognized identity of a brand
dictates a specific style, image, or building material associated with that company, the
masonry provision may be modified; however, the development shall maintain harmony
in terms of overall project design and appearance, and such design shall be subject to
approval by the City Council after recommendation from the planning and zoning
commission..
SECTION 3. NOTICES AND PAYMENTS.
Any and all notices required or permitted to be given by either of the Parties hereto must be in
writing and will be deemed delivered upon personal service, if hand -delivered, or when mailed in
the United States mail, certified, return receipt requested, addressed as follows:
To City: City Manager City of Anna
120 W. 7t" Street
Anna, Texas 75409
To Property Owner: Dosti Partners LLC
Bhadresh Trivedi
2504 Loftsmoor Lane, Plano, TX 75025
In addition, copies of any and all notices required or permitted to be given hereunder shall be given
to each Subsequent Owner at such Subsequent Owner's address for such Subsequent Owner
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designated in a written notice given by such Subsequent Owner pursuant to this Section 3 to the
City and the other parties required or permitted to receive written notices hereunder.
SECTION 4. DEADLINES, MODIFICATIONS OR TERMINATION.
A. This Agreement may only be modified and/or terminated as follows: (a) modified,
amended or terminated by mutual written agreement of the City and Owner or, after a
Closing (as hereinafter defined), each then -current owner of fee simple title to the
Property; and/or (b) terminated unilaterally by City upon the breach of any material term
or condition hereunder by Owner or any Subsequent Owner by providing written notice
thereof to Owner or such Subsequent Owner, if applicable, after the expiration of all
Notice and Cure Rights pursuant to Section 6 hereof, provided that the City may only
terminate this Agreement as to the applicable Defaulting Owner and not as to any other
party and not as to any portion of the Property owned by any such other party.
Notwithstanding the foregoing or any other provision of this Agreement, this Agreement
shall terminate and be null and void if the City does not approve the Zoning Change on
or before the 27th day of June, 2023. The Parties acknowledge and agree that the
rezoning of the Property is a legislative act and that this Agreement does not bind the City
Council to approve any proposed rezoning of the Property.
B. Solely with respect to the MF Parcels, Owner or any Subsequent Owner shall be obligated
under this Agreement to timely meet the following deadlines as and only to the extent
such deadlines apply to all or the portion of the Property then owned by Owner or such
Subsequent Owner, in each case subject to extension for Force Majeure pursuant to
Section 14 hereof and subject to the Notice and Cure Rights set forth in Section 6 hereof:
1. Within 2 years after City Council approval of the Zoning Change, Owner will have
submitted a preliminary plat and tree preservation plan for the Property.
2. Within 1 year after the City has approved the preliminary plat, Owner shall have
submitted a site plan, landscaping plan, lighting plan, final plat (showing
easements, fire lanes and utilities for the multiple -family residence development),
and civil plans.
3. A preconstruction meeting between Owner and City staff shall occur within 90 days
of final approval of the civil plans.
4. Site construction pursuant to final approved civil plans must commence within 120
days after the preconstruction meeting.
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5. Owner must submit plans and specifications for the buildings and other
improvements not part of the civil plans (the "Building Plans") no later than 180
days after civil plans are approved by the City. After the last to occur of (a) approval
of the Building Plans by the City, (b) completion of all construction pursuant to civil
plans, (c) acceptance of all civil construction and public improvements by the City,
and (d) recordation of the multiple -family residence development final replat,
Owner must submit an application for a building permit within 60 days thereafter
(including without limitation the payment of all fees due to the City as required to
develop the Property).
6. Recordation in the Official Records of Collin County, Texas of the multiple -family
residence development final plat must occur within 180 days of commencement of
site construction.
7. Vertical construction pursuant to the Building Plans for approved structures must
commence within 120 days after the later to occur of the recordation of the multi-
family residence final plat and obtaining a building permit.
8. All deadlines set forth in Section 5 hereof.
C. Not by way of limitation as to other material terms and conditions, the deadlines stated
above are material terms and conditions of this Agreement and any failure to meet any
of the deadlines above (each, a "Deadline Default"), subject to extension for Force
Majeure pursuant to Section 14 hereof and subject to the Notice and Cure Rights set forth
in Section 6 hereof, is a material default under this Agreement.
SECTION 5. DEFAULT.
If Owner, its heirs, successors or assigns or any Subsequent Owner of the Property or any part
thereof fails to comply with any of the material terms and conditions included in this Agreement as
any such term or condition applies to the portion of the Property then owned by Owner or such
Subsequent Owner, as applicable (such defaulting Owner or Subsequent Owner, as applicable,
referenced herein as "Defaulting Owner"), the City will have the following non-exclusive and
cumulative remedies, each of which remedies may only be exercised by the City against the
applicable Defaulting Owner and/or the portion of the Property owned by such Defaulting Owner
(and not against any other Owner, Subsequent Owner or other portion of the Property):
A. Withholding of utilities or withholding or revocation of permits and other approvals
required for development and use of the portion of the Property that is the subject of the
default (but no other portions of the Property) including without limitation building permits
and certificates of occupancy.
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B. The Defaulting Owner shall be liable to pay to the City the sum of $2,000 for each failure
to materially comply with the development standards set forth of this Agreement. The
Defaulting Owner shall be liable to pay the City said $2,000 sum per day for each day
that such failure to comply occurs. The sums of money to be paid for such failure(s) is
not to be considered as a penalty, but shall be deemed, taken and treated as reasonable
liquidated damages that accrue per day that such a failure shall exist or occur. The said
amounts are fixed and agreed upon by the Parties because of the impracticability and
extreme difficulty of fixing and ascertaining the actual damages the City in such event
would sustain; and said amounts are agreed to be the amounts of damages which the
City would sustain. In the event of a breach that is not timely cured as set forth below,
the sum of liquidated damages shall be calculated to include each and every day of the
occurrence of the breach beginning on the date that the City first provided written notice
of such breach under this paragraph and the City shall not be required to provide any
subsequent written notices as to subsequent dates or times during which such breach is
repeated or continues to occur.
C. The non -defaulting party will additionally have any and all remedies available to it at
equity or in law; provided however, the City waives, and shall not seek against any
Defaulting Owner, any punitive, consequential, special or exemplary damages for any
default hereunder.
Notwithstanding the foregoing: (a) City may not exercise any rights or remedies against a
Defaulting Owner or any portion of the Property owned by such Defaulting Owner for a breach
of any term or condition of this Agreement unless there is a breach of any material term or
condition of this Agreement by such Defaulting Owner applicable to portion of the Property
owned by such Defaulting Party and such breach remains uncured after forty-five (45) calendar
days following receipt of written notice from the City to such Defaulting Owner provided in
accordance with this Agreement describing said breach in reasonable detail (or, if the cure of
the breach has diligently and continuously been undertaken but reasonably requires more than
forty-five (45) calendar days to cure, then such additional amount of time as is reasonably
necessary to effect the cure, as determined by both the City and such Defaulting Party mutually
and in good faith but in no event shall such additional period exceed 120 days unless agreed to
in writing by such parties); and (b) any notice of a default or breach provided by the City
hereunder to a Defaulting Owner must be concurrently provided to each other owner of the
Property (if any), and each such other owner shall have the right (but not the obligation) to cure
the default or breach of the Defaulting Owner within thirty days (30) after the failure of the
Defaulting Party to cure such default or breach by the deadline set forth above, and the City shall
not exercise any rights or remedies hereunder unless such default or breach remains uncured
after the expiration of such thirty (30)-day period. The notice and cure rights set forth in this
paragraph are collectively referred to herein as the "Notice and Cure Rights".
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SECTION 6. BINDING ON SUCCESSORS, AGREEMENT RUNS WITH THE LAND.
Except as otherwise provided for herein, this Agreement will be binding upon and inure to the
benefit of the parties' respective successors, assigns and personal representatives. This
Agreement will run with the land and be binding on all subsequent Property Owners and
Developers.
SECTION 7. INDEMNIFICATION AND HOLD HARMLESS.
THE PROPERTY OWNER, INCLUDING ITS SUCCESSORS AND ASSIGNS (THE
"INDEMNIFYING PARTY"), HEREBY COVENANTS AND AGREES TO RELEASE, DEFEND,
HOLD HARMLESS, AND INDEMNIFY THE CITY AND ITS OFFICIALS, OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ALL THIRD -PARTY
CLAIMS, SUITS, JUDGMENTS, DAMAGES, AND DEMANDS AGAINST THE CITY,
WHETHER REAL OR ASSERTED INCLUDING WITHOUT LIMITATION REASONABLE
ATTORNEY'S FEES, RELATED EXPENSES, EXPERT WITNESS FEES, CONSULTANT
FEES, AND OTHER COSTS (TOGETHER, "CLAIMS"), ARISING OUT OF THE
NEGLIGENCE OR OTHER WRONGFUL CONDUCT OF THE INDEMNIFYING PARTY,
INCLUDING THE NEGLIGENCE OR OTHER WRONGFUL CONDUCT OF ANY OF ITS
EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN, AND AGENTS, IN
CONNECTION WITH THE DESIGN OR CONSTRUCTION OF ANY PUBLIC
INFRASTRUCTURE, STRUCTURES, OR OTHER FACILITIES OR IMPROVEMENTS THAT
ARE REQUIRED OR PERMITTED UNDER THIS AGREEMENT AND/OR CITY
REGULATIONS AND/OR ANY APPLICABLE DEVELOPMENT STANDARDS AND/OR ANY
OTHER GOVERNING REGULATIONS: AND IT IS EXPRESSLY UNDERSTOOD THAT
SUCH CLAIMS SHALL, EXCEPT AS MODIFIED BELOW, INCLUDE CLAIMS EVEN IF
CAUSED BY THE CITY'S OWN CONCURRENT NEGLIGENCE SUBJECT TO THE TERMS
OF THIS SECTION THE INDEMNIFYING PARTY SHALL NOT, HOWEVER, BE REQUIRED
TO INDEMNIFY THE CITY AGAINST CLAIMS CAUSED BY THE CITY'S SOLE
NEGLIGENCE OR BY THE CITY'S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. IF
THE CITY INCURS CLAIMS THAT ARE CAUSED BY THE CONCURRENT NEGLIGENCE
OF THE INDEMNIFYING PARTY AND THE CITY, THE INDEMNIFYING PARTY'S
INDEMNITY OBLIGATION WILL BE LIMITED TO A FRACTION OF THE TOTAL CLAIMS
EQUIVALENT TO THE INDEMNIFYING PARTY'S OWN PERCENTAGE OF
RESPONSIBILITY. THE INDEMNIFYING PARTY FURTHER COVENANTS AND AGREES
TO RELEASE, DEFEND, HOLD HARMLESS, AND INDEMNIFY, THE CITY AGAINST ANY
AND ALL CLAIMS BY ANY PERSON CLAIMING AN OWNERSHIP INTEREST IN THE
PROPERTY AS OF THE DATE HEREOF WHO HAS NOT SIGNED THIS AGREEMENT IF
SUCH CLAIMS RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH: (1) THE
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CITY'S RELIANCE UPON ANY OF THE INDEMNIFYING PARTIES' REPRESENTATIONS IN
THIS AGREEMENT; (2) THIS AGREEMENT OR OWNERSHIP OF THE PROPERTY, OR (3)
THE CITY'S APPROVAL OF ANY TYPE OF DEVELOPMENT APPLICATION OR
SUBMISSION WITH RESPECT TO THE PROPERTY. At no time shall the City have any
control over or charge of the design, construction or installation of any of the improvements to
the Property or related work or undertakings, nor the means, methods, techniques, sequences
or procedures utilized for the design, construction or installation related to same. This
Agreement does not create a joint enterprise or venture between the City and any of the
Indemnified Parties. This Section 8 will survive the termination of this Agreement.
SECTION 8. RECORDATION.
Property Owner at its sole cost will record this document, including all the Exhibits, on or within
one (1) business day after Closing and funding of the Contract, and promptly provide a
recorded copy to the City.
SECTION 9. ENTIRE AGREEMENT.
This Agreement is the entire agreement of the Parties regarding the subject matter hereto.
SECTION 10. RECITALS AND EXHIBITS.
The recitals herein and exhibits attached hereto are hereby incorporated by reference.
SECTION 11. AUTHORITY.
Owner represents and warrants to the City that the Owner owns the Property and that this
Agreement is binding and enforceable on the Property. Owner may sell the Property or a part
thereof to a person or entity (the "Closing") prior to commencement of site construction on the
property sold, and in such event the Subsequent Owner shall be required to acknowledge and
assume all obligations, liabilities and indemnifications under this Agreement.
SECTION 12. INVALID PROVISIONS.
If any provision of this Agreement is held not valid, such provision will be deemed to be excised
there from and the invalidity thereof will not affect any of the other provisions contained herein.
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SECTION 13. ESTOPPEL.
On or before 30 days after receipt of a written request from an owner of the Property that
desires to transfer its interest in the Property or borrow money secured by a mortgage or deed
of trust against the Property or a prospective transferee of an owner's interest or an existing
or prospective mortgagee, the City will execute and deliver an estoppel certificate stating that,
to the best of the City's knowledge: (i) the transferring or borrowing owner is not in default
under this Agreement; and (ii) this Agreement is in full force and effect and whether there are
any amendments thereto. Any failure by the City to execute and deliver an estoppel certificate
within 30 days after receipt of a written request from an owner of the Property shall be deemed
to be a certification by the City that: (i) the transferring or borrowing owner is not in default
under this Agreement; and (ii) this Agreement is in full force and effect and that there are no
amendments thereto except as disclosed by such owner.
SECTION 14. FORCE MAJEURE.
Whenever a period of time is prescribed in this Agreement for a Party (the "Acting Party") to take
an action (other than a payment obligation), the Acting Party will not be liable or responsible for,
and there will be excluded from the computation of any such time period, the period of time (the
"Force Maieure Period") of delays caused by strikes, riots, acts of God, pandemic, enemy action,
shortages of labor or materials, war, acts of terrorism, flood, fire, explosion, unavoidable casualty,
or any other causes that are beyond the reasonable control of the Acting Party or any of its
employees, agents, or contractors, but not any economic hardship, changes in market conditions,
and insufficiency of funds ("Force Maieure"). However, a date will only be extended by a Force
Majeure Period if the Acting Party gives notice to the other Party of the occurrence or
commencement of the event that constitutes Force Majeure within 30 days after the Acting Party
knows of the existence or commencement of such event, and claims (in such notice) that such
event constitutes Force Majeure. A Party that has claimed the right to temporarily suspend its
performance under this section shall provide written reports to the other Party at least once every
week detailing: (i) the extent to which the force majeure event or circumstance continue to prevent
the Party's performance; (ii) all of the measures being employed to regain the ability to perform;
and (iii) the projected date upon which the Party will be able to resume performance, which
projected date the Parties agree and acknowledge is only an estimate and not a binding
commitment by the Party claiming force majeure.
SECTION 15. EFFECTIVE DATE; CONDITION PRECEDENT.
This Agreement will be effective upon the Effective Date first stated herein.
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CITY OF ANNA
By:
Rya Henderson, Interim City Manager
IN WITNESS WHEREOF:
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned notary public, on the ZZ day ofjlApQ, 2023, appeared
Ryan Henderson, known to me (or proved to me) to be the person whose name is subscribed to
the foregoing instrument, and acknowledged to me that he executed the same in his capacity as
Interim City Manager of the City of Anna, Texas.
otary Public, State of Texas
Dosti Partners LLC,
a Texas Limited Liability Company
By:
Name:
Title:
Bhadresh Trivedi
Manager
IN WITNESS WHEREOF:
JEOVANNA RUBIO
=$: Notary Public, State of Texas
Comm. Expires 7D-03-2026
%p,..n Notary ID 133995676
N
STATE OF TEXAS
COUNTY OF DALLAS
Before me, the undersigned notary public, on the��day of Un , 2023, appeared Bhadresh
Trivedi known to me (or proved to me) to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he/she executed the same in his/her capacity as
provi ed herein.
o ary Public, State of Texas
EM
ATHRYN BIKE Public, State of Texas. Expires 02.10.2027tary ID 134196430
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EXHIBIT 1
PROPERTY DESCRIPTION
LEGAL DESCRIPTION: (ZONING
BEING a tract of land situated in the City of Anna, Collin County, Texas, being a part of
the William E. Throckmorton Survey, Abstract No. 899, Robert A. Johnson Survey,
Abstract No. 479 and William Kitchings Survey, Abstract No. 505, being all of a called
57.23 acre tract of land described in a Special Warranty Deed with Vendor's Lien to
Dosti Partners LLC, as recorded in Instrument No. 2022000075491, Official Public
Records, Collin County, Texas (O.P.R.C.C.T.) and being more particularly described
as follows:
BEGINNING at a brass monument stamped "TXDOT" found for corner, said monument
being in the east line of South Central Expressway (a variable width right-of-way);
THENCE along the east line of said South Central Expressway, the following course
and distances:
North 06 degrees 56 minutes 20 seconds West, a distance of 579.73 feet to a
brass monument stamped "TXDOT" found for corner;
North 00 degrees 28 minutes 23 seconds West, a distance of 139.55 feet to a
brass monument stamped "TXDOT" found for corner;
North 07 degrees 39 minutes 33 seconds East, a distance of 283.54 feet to a
one-half inch iron rod found for corner;
North 09 degrees 20 minutes 24 seconds West, a distance of 77.81 feet to a
one-half inch iron rod with yellow plastic cap stamp illegible found at the
northwest corner of said 57.23 acre tract of land and the southwest corner of a
called 4.3905 acre tract of land described in a in a General Warranty Deed o
Anna KSH Farms LLC et al., as recorded in Instrument No.
20220318000438100, O.P.R.C.C.T.;
THENCE along the north line of said 57.23 acre tract of land, the following courses and
distances:
South 60 degrees 04 minutes 46 seconds East, a distance of 427.49 feet to a
one-half inch iron rod found for corner;
North 39 degrees 11 minutes 45 seconds East, a distance of 64.03 feet to a
one-half inch iron rod found for corner;
North 73 degrees 29 minutes 08 seconds East, a distance of 89.46 feet to a
one-half inch iron rod found for corner;
North 42 degrees 22 minutes 06 seconds East, a distance of 233.63 feet to a
one-half inch iron rod found for corner;
South 89 degrees 36 minutes 19 seconds East, a distance of 1,131.37 feet to a
five -eighths inch iron rod found at the northeast corner of said 57.23 acre tract
of land and the northwest corner of a called 30.676 acre tract of land described
in a Special Warranty Deed to Luscombe Family Trust, as recorded in
Instrument No. 20101227001420450, O.P.R.C.C.T., said iron being in the south
line of a called 10.247 acre tract of land described in a General Warranty Deed
to Mack Neff and wife, Rachel Neff, as recorded in Instrument No.
20211105002279430, O.P.R.C.C.T.;
THENCE South 00 degrees 40 minutes 03 seconds West, a distance of 1,408.04 feet
to a one-half inch iron rod found for corner, said point being at the beginning of a non -
tangent curve to the right;
THENCE in a southwesterly direction, a distance of 112.55 feet, having a central angle
of 14 degrees 29 minutes 30 seconds, a radius of 445.00 feet, a tangent length of
56.58 feet and whose chord bears South 84 degrees 32 minutes 52 seconds West a
distance of 112.25 feet to a point for corner;
THENCE North 88 degrees 12 minutes 22 seconds West, a distance of 407.46 feet to
a point for corner, said point being at the tangent curve to the left;
THENCE in a southwesterly direction, a distance of 273.62 feet, having a central angle
of 14 degrees 51 minutes 35 seconds, a radius of 1,055.00 feet, a tangent length of
137.58 feet and whose chord bears South 84 degrees 21 minutes 50 seconds West a
distance of 272.85 feet to a point for corner, said point being at the beginning of a
reverse curve to the right;
THENCE in a southwesterly direction, a distance of 245.10 feet, having a central angle
of 14 degrees 51 minutes 37 seconds, a radius of 945.00 feet, a tangent length of
123.24 feet and whose chord bears South 84 degrees 21 minutes 50 seconds West a
distance of 244.41 feet to a point for corner;
THENCE North 88 degrees 12 minutes 22 seconds West, a distance of 175.08 feet to
a point for corner;
THENCE North 88 degrees 55 minutes 16 seconds West, a distance of 152.32 feet to
a one-half inch iron rod found for corner, said point being at the beginning of non -
tangent curve to the right;
THENCE in a northwesterly direction, a distance of 273.51 feet, having a central angle
of 16 degrees 07 minutes 20 seconds, a radius of 972.00 feet, a tangent length of
137.66 feet and whose chord bears North 52 degrees 23 minutes 47 seconds West a
distance of 272.61 feet to a three -eighths inch iron found for corner, said iron rod being
in the east line of said South Central Expressway;
THENCE North 16 degrees 29 minutes 41 seconds West, a distance of 75.71 feet to
brass monument stamped "TXDOT" found for corner;
THENCE North 48 degrees 24 minutes 30 seconds West, a distance of 165.83 feet to
the POINT OF BEGINNING containing 2,391,462 square feet or 54.900 acres.
EXHIBIT 2
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CITY OF ANNA, TEXAS
RESOLUTION NO. 209 3- 06-14to4
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A DEVELOPMENT
AGREEMENT WITH DOSTI PARTNERS LLC, RELATING TO DEVELOPMENT AND
DESIGN REGULATIONS FOR 54.9± ACRES GENERALLY LOCATED AT THE
NORTHEAST CORNER OF U.S. HIGHWAY 75 AND COLLIN COUNTY OUTER LOOP
ROAD.
WHEREAS, Dosti Partners LLC, is the Property Owner of real estate generally located at the
northeast corner of U.S. Highway 75 and Collin County Outer Loop Road; and
WHEREAS, Property Owner desires to rezone the subject property to allow a Planned
Center District to allow for a multiple -family residence, hotel and private club/banquet hall
development with modified development standards; and
WHEREAS, Property Owner has agreed to development and design regulations should the
City approve rezoning the property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Approval
The City Council hereby approves the Development Agreement with the Property Owner
attached hereto as Exhibit A, and ratifies and approves the City Manager's execution of the
same. The City Manager is hereby authorized to execute all documents and take all other
actions necessary to finalize, act under and enforce the Agreement.
PASSED by the City Council of the City of Anna, Texas, on this 27th day of June 2023.
ATTESTED:
Carrie L. Land, City retary
APPROVED:
Nate Pike, Mayor
memAuuiiiim
Recorded On: July 05, 2023 02:50 PM
Total Recording: $110.00
Collin County
Honorable Stacey Kemp
Collin County Clerk
Instrument Number: 2023000075323
Real Property
AGREEMENT
Number of Pages: 23
" Examined and Charged as Follows: "
*********** THIS PAGE IS PART OF THE INSTRUMENT ****"'******
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information:
Document Number:
Receipt Number:
2023000075323
20230705000554
Recorded Date/Time: July 05, 2023 02:50 PM
User: Jennifer W
Station: Station 3
Record and Return To:
CITY OF ANNA
120 W 7TH ST
ANNA TX 75409
STATE OF TEXAS
Collin County
I hereby certify that this Instrument was filed in the File Number sequence on the date/time
printed hereon, and was duly recorded in the Official Public Records of Collin County, Texas
Honorable Stacey Kemp
Collin County Clerk
Collin County, TX