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HomeMy WebLinkAboutRes 2023-07-1470 One Anna Two Addn, Blk A, Lot 4R, Building ElevationsCITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ONE ANNA TWO ADDITION, BLOCK A, LOTS 4R, BUILDING MATERIALS. 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, 5g Studio Collaborative has submitted a building material request for the approval of the One Anna Two Addition, Block A, Lots 4R; and WHEREAS, The building material request for One Anna Two Addition, Block A, Lots 4R conforms to the Development Standards / Building Material requirements listed under subsection D. of Nonresidential Buildings; D. 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. 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 Building Materials The City Council hereby approves the building material request for One Anna Two Addition, Block A, Lots 4R, attached hereto as Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 11th day of July 2023. ATTEST: CIV 5ecre,A-CLry , CcLf-rie. L Mayor Pro Tern Gee_ Awtilte r EXHIBIT A SHEET 1 OF 6 6 SOUTH ELEVATION WITH PORTE COCH ERE W VNNHAM LPPLEN ANNA T% soC ZONE AL A:HT aSENVED au mcus aESENvep � STOOID.COM EXHIBIT A SHEET 2 OF 6 .= SOUTH ELEVATION WITHOUT PORTE COCHERE E WYHONRM LRNGEN SLMHA i% i8 •_ IUNE...... I ALL RESERVED ♦LL RIGHTS MEEEPVE[I SLSTVOIO.QIM EXHIBIT A SHEET 3 OF 6 ❑ ❑ L 0 It NORTH ELEVATION a WYNDHAM 6ARUEN n9 ANNA I T[ eu ;ONE E6. 2023 ❑--❑- -❑—❑ ❑ L n' n n ❑ ❑ ❑_❑_ " :L -� u' ❑ ❑ ❑ ❑ ONE O ZLIU. SO STU 0 UT COLLABORATIVE ALL RIGHTS RESERVER 11.5TURIR.CRM EXHIBIT A �-�,:; �• SHEET 4 OF 6 1�4 EAST ELEVATION oEoo:. scs ALLia LLLL PESERVEP WVNONRM LARUEH ALL PiLNIS PFSEPVEP XNXL I T% SLEi UOIO.COM 69 %--j IXNEIS. }UT EXHIBIT A SHEET 5 OF 6 j6• es�WEST ELEVATION WVNDHAM LPRDEN ANNA TX IUNF 26. 2023 O EBSE. SS SIUUIU C0LLABONATI VE ALL RIGHTS RESERVED SBETUOIO.COR EXHIBIT A SHEET 6 OF 6 1 PROTOTYPICAL FRONT PERSPECTIVE VEIW WYNDHAM CARDEN OiOH, Sc sALk LHTSRE RESERVED ALl RIGXTE RESERVED ANNAI TX SLSTNOIO.CON u� IVNE IS, i.I3 June 26, 2023 Ross Altobelli Director of Development Services City of Anna Municipal Complex Planning and Development 120 W. 711 Street Anna, Texas 75409 Re: Development Agreement Modification Request Dear Mr. Altobelli, RECEIVED June 26, 2023 PLANNING DEPT. CITY OF ANNA We are writing to ask if the City of Anna would be willing to modify the masonry provision of the Development Agreement in order to recognize Wyndham's exterior material specifications for their Wyndham Garden prototypical hotel design. The majority of the Wyndham Garden prototypical fagade design is made up of three gray colors of a high -quality Parex Exterior Insulation Finish System (EIFS) cladding product. The Wyndham Garden prototypical fagade design also includes a 'tower' design feature with a high -quality large format tile ventilated fagade system (the Basis of Design is from Graniti Vicentia Facades) that was specified by Wyndham to have a 'bamboo' aesthetic. Wyndham's prototypical design also includes a high -end wood composite 'wood slat' product (with a teak aesthetic) at the porte cochere, and the prototypical fence around the pool and garden area behind the building has a modem wood slat design. Thank you, please let me know if you have any questions about our request or if you need any additional information about Wyndham's prototypical exterior material specifications. Sincerely and Respectfully, Christine Robbins -Elrod, AIA, LEEP AP BD+C, LEED AP ND, LEED AP Homes, WELL AP Principal, 5G Studio Collaborative ChristineRElrod@5gstudio.com, 214-773-2129 1217 Main St. • Suite 500 • Dallas • TX • 75202 1 214 670 0050 1 w w w 5 G S t u d i o. c o m EXHIBIT A DEVELOPMENT AGREEMENT This Development Agreement (this "Agreement") is entered effective as of December 13, 2022 ("Effective Date") between and among the City of Anna, Texas, a Texas home -rule municipality ("City") and North Texas HOCO, LLC ("Owner") as follows: RECITALS WHEREAS, the Property, as described in Exhibit 1 and depicted on Exhibit 2 (the "Property") is subject to City Regulations, including without limitation the City's zoning regulations; and, WHEREAS, the current zoning classification of the Property is Planned Development (PD) (the "Original Zoning Classification"); and, WHEREAS, the Owner has applied to rezone the Property to allow for a Specific Use Permit to allow for a motor hotel (the "Zoning Change"); and, WHEREAS, the City's Planning & Zoning Commission and City Council have given the requisite notices by publication and otherwise and have scheduled public hearings with respect to the rezoning of the Property as required by law; and, WHEREAS, the City and Owner desire to enter into a development agreement to establish development and design regulations to ensure that future hotel 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 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: SECTION 1. RECITALS INCORPORATED. After Recording Return to: 1 I P a g e City of Anna 120 W 7ch St, Anna, Tx 75409 The recitals set forth above are incorporated herein as if set forth in full to further describe the Parties' intent under this development agreement and said recitals constitute representations by Owner and the City. SECTION 2. DEVELOPMENT STANDARDS / BUILDING MATERIALS. A. Development and use of the Property, including, without limitation, the construction, installation, maintenance, repair, and replacement of all buildings and all other improvements and facilities of any kind whatsoever on and within the Property, shall be in compliance with City Regulations unless expressly stated to the contrary in this Agreement. City Regulations shall apply to the development and use of the Property unless expressly set forth to the contrary in this Agreement. It is expressly understood and the Parties agree that City Regulations applicable to the Property and its use and development include but are not limited to City Code provisions, ordinances, design standards, uniform codes, zoning regulations not affected by this Agreement, and other policies duly adopted by the City including without limitation any such regulations or requirements that were affected by the passage of Texas H.B. 2439, 86(R), codified as Chapter 3000 of the Texas Government Code ("Materials and Methods Regulations"), which are collectively incorporated herein as if set forth in full for all purposes; provided, however, to the extent of any conflict between the requirements of Materials and Methods Regulations and the requirements of this Agreement, this Agreement shall control. For purposes of this Agreement, "City Regulations" mean the City's applicable development regulations in effect on the Effective Date, including without limitation City Code provisions, ordinances (including, without limitation, all development fees), design standards, and other policies duly adopted by the City; provided, however, that as it relates to public infrastructure for any given phase of the Project, the applicable construction standards (including, without limitation, uniform building codes) shall be those that the City has duly adopted at the time of the filing of an application for a preliminary plat for that phase unless construction has not commenced within two years of approval of such preliminary plat in which case the construction standards shall be those that the City has duly adopted at the time that construction commences. B. With respect to all structures/development within the PD Zoning District, Owner agrees to comply and/or to cause all other persons or entities to comply and any other successors or assigns to comply with all City Regulations and with the masonry material requirements and all other requirements of the Anna City Code of Ordinances, Article 9.04 Zoning Ordinance, Section 9.04.034 Supplementary District Regulations, Subsection (e) Architectural Design Standards, which are incorporated herein as if set forth in full for all purposes, and with the following standards (in the event of any conflict, the following listed standards shall govern). Notwithstanding the foregoing, a Subsequent Owner upon a Closing (as hereinafter defined) must agree in writing to assume Owner's responsibilities set forth herein. For purposes of this Agreement the term "Subsequent Owner" means any person or entity that acquires all or any part of the Property from Owner or Owners successor in title to the Property or any part thereof. 2 1 P a g e Nonresidential Buildings, A. The exterior walls (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 that are visible to the public. The use of other high -quality materials for building trim, architectural decoration, and other design elements shall not be precluded; however, they are subject to approval by the zoning administrator and should contribute to the overall design concept. B. At least 60 percent of exterior facades not visible to the public (excluding doors, door frames, windows, and window frames) are required to be brick, rock veneer, and/or split face concrete masonry units. C. A maximum of 10 percent of any exposed exterior wall may consist of EIFS D. 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. SECTION 3. NOTICES. Any and all notices required to be given by either of the parties hereto must be in writing and will be deemed delivered upon personal service, 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. 7th Street Anna, Texas 75409 To Property Owner: North Texas HOCO, LLC c/o Ivy P3 Group 4300 MacArthur Avenue, Suite 175 Dallas, TX 75209 Attn: Andrew Bossen / Robert Colombo Cc: John M. Theirl Theirl Wilson PLLC 5151 Belt Line Road, Suite 826 Dallas, Texas 75254 3 1 P a g e SECTION 4. DEADLINES, MODIFICATIONS OR TERMINATION. A. This Agreement may only be modified and/or terminated as follows: (a) by mutual written agreement of the City and Owner or, after a Closing (as hereinafter defined), by a Subsequent Owner instead of Owner; and/or (b) unilaterally by City upon default of the Owner or Subsequent Owner. Notwithstanding the foregoing or any other provision of this Agreement, this Agreement shall terminate and be null and void if the City does not approve the Zoning Change on or before the 13th day of December 2022. The parties acknowledge and agree that the rezoning of the Property is a legislative act and that this Agreement does not bind the City Council to approve any proposed rezoning of the Property. B. Owner or any Subsequent Owner shall be obligated under this Agreement to timely meet the following deadlines: 1. Within 60 days after City Council approval of the Zoning Change, Owner will have submitted a preliminary plat and tree preservation plan for the Property. 2. Within 120 days after the City has approved the preliminary plat, Owner shall have submitted a site plan, landscaping plan, lighting plan, final plat (showing easements, fire lanes and utilities for the hotel 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 60 days after the preconstruction meeting. 5. Owner must submit plans and specifications for the buildings and other improvements not part of the civil plans (the "Building Plans") no later than 180 days after civil plans are approved by the City. After the last to occur of (a) approval of the Building Plans by the City of Anna, (b) completion of all construction pursuant to civil plans, (c) acceptance of all civil construction and public improvements by the City of Anna, and (d) recordation of the hotel 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 hotel development final plat must occur within 180 days of commencement of site construction. 41Page 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 hotel developments final plat and obtaining a building permit. 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") is a material default under this Agreement. In addition to all other remedies that the City may enforce under this Agreement or that is available to the City at law or in equity in the event of a Deadline Default, the City may in its sole discretion initiate and pursue a zoning case to change the zoning classification back to the Original Zoning Classification. In the event that the City initiates such a zoning case after a Deadline Default, the Owner shall not oppose the zoning case and shall be deemed to have fully and irrevocably released and waived any claim, cause of action, litigation or other challenge or proceeding to such zoning case on any legal basis or theory whatsoever. SECTION 5. DEFAULT. If Owner, its heirs, successors or assigns or any Subsequent Owner of the Property or any part thereof fails to comply with any of the material terms and conditions included in this Agreement (such defaulting owner referenced herein as "Defaulting Owner"), the City will have the following non-exclusive and cumulative remedies. A. Withholding of utilities or withholding or revocation of permits and other approvals required for development and use of the portion of the Property that is the subject of the default (but no other portions of the Property) including without limitation ,building permits and certificates of occupancy. B. The Defaulting Owner shall be liable to pay to the City the sum of $2,000 for each failure to 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 5 1 P a g e of such breach under this paragraph and the City shall not be required to provide any subsequent written notices as to subsequent dates or times during which such breach is repeated or continues to occur. C. The non -defaulting party will additionally have any and all remedies available to it at equity or in law. Notwithstanding the foregoing, a Defaulting Owner shall not be liable for the remedies under this section unless there is a breach of any material term or condition of this Agreement and such breach remains uncured after forty-five (45) calendar days following receipt of written notice from the City provided in accordance with this Agreement describing said breach in reasonable detail (or, if the cure of the breach has diligently and continuously been undertaken but reasonably requires more than forty-five (45) calendar days to cure, then such additional amount of time as is reasonably necessary to effect the cure, as determined by both Parties mutually and in good faith but in no event shall such additional period exceed 120 days unless agreed to in writing by the parties to this Agreement). SECTION 6. BINDING ON SUCCESSORS, AGREEMENT RUNS WITH THE LAND. This Agreement will be binding upon and inure to the benefit of the parties' respective successors, assigns and personal representatives. This Agreement runs with the land and is binding on all subsequent owners of the Property or any portions thereof. This section shall be construed liberally to ensure the Parties' intent that this Agreement shall be enforceable regardless of any change of ownership of or interest in the Property. Notwithstanding anything to the contrary in this Section 6 or elsewhere in this Agreement, if the Owner or a Subsequent Owner (the "Transferor") conveys, assigns, or transfers its entire interest in the Property or a part thereof (the "transferred Property") to a Subsequent Owner who assumes Transferor's obligations under this Agreement with respect to the transferred Property, the Transferor shall be automatically released from its obligations under this Agreement relating to the transferred Property subsequent to the date of transfer. SECTION 7. INDEMNIFICATION AND HOLD HARMLESS. THE OWNER OR ANY SUBSEQUENT OWNER OF THE PROPERTY IN THE EVENT OF A CLOSING (THE "INDEMNIFYING PARTY"), HEREBY COVENANTS AND AGREES TO RELEASE, DEFEND, HOLD HARMLESS, AND INDEMNIFY THE CITY AND ITS OFFICIALS, OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ALL THIRD - PARTY CLAIMS, SUITS, JUDGMENTS, DAMAGES, AND DEMANDS AGAINST THE CITY, WHETHER REAL OR ASSERTED INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEY'S FEES, RELATED EXPENSES, EXPERT WITNESS FEES, CONSULTANT 61 Page FEES, AND OTHER COSTS (TOGETHER, "CLAIMS"), ARISING OUT OF THE NEGLIGENCE OR OTHER WRONGFUL CONDUCT OF THE INDEMNIFYING PARTY, INCLUDING WITHOUT LIMITATION THE NEGLIGENCE OR OTHER WRONGFUL CONDUCT OF ANY OF ITS EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN, AND AGENTS, IN CONNECTION WITH THE DESIGN OR CONSTRUCTION OF ANY PUBLIC INFRASTRUCTURE, STRUCTURES, OR OTHER FACILITIES OR IMPROVEMENTS THAT ARE REQUIRED OR PERMITTED UNDER THIS AGREEMENT AND/OR CITY REGULATIONS AND/OR ANY APPLICABLE DEVELOPMENT STANDARDS AND/OR ANY OTHER GOVERNING REGULATIONS: AND IT IS EXPRESSLY UNDERSTOOD THAT SUCH CLAIMS SHALL, EXCEPT AS MODIFIED BELOW, INCLUDE CLAIMS EVEN IF CAUSED BY THE CITY'S OWN CONCURRENT NEGLIGENCE SUBJECT TO THE TERMS OF THIS SECTION. THE INDEMNIFYING PARTY SHALL NOT, HOWEVER, BE REQUIRED TO INDEMNIFY THE CITY AGAINST CLAIMS CAUSED BY THE CITY'S SOLE NEGLIGENCE OR BY THE CITY'S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. IF THE CITY INCURS CLAIMS THAT ARE CAUSED BY THE CONCURRENT NEGLIGENCE OF THE INDEMNIFYING PARTY AND THE CITY. THE INDEMNIFYING PARTY'S INDEMNITY OBLIGATION WILL BE LIMITED TO A FRACTION OF THE TOTAL CLAIMS EQUIVALENT TO THE INDEMNIFYING PARTY'S OWN PERCENTAGE OF RESPONSIBILITY. THE INDEMNIFYING PARTY FURTHER COVENANTS AND AGREES TO RELEASE, DEFEND, HOLD HARMLESS, AND INDEMNIFY, THE CITY AGAINST ANY AND ALL CLAIMS BY ANY PERSON CLAIMING AN OWNERSHIP INTEREST IN THE PROPERTY AS OF THE EFFECTIVE DATE WHO HAS NOT SIGNED THIS AGREEMENT IF SUCH CLAIMS RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH: (1) THE CITY'S RELIANCE UPON ANY OF THE INDEMNIFYING PARTIES' REPRESENTATIONS IN THIS AGREEMENT: (2) THIS AGREEMENT OR OWNERSHIP OF THE PROPERTY: OR (3) THE CITY'S APPROVAL OF ANY TYPE OF DEVELOPMENT APPLICATION OR SUBMISSION WITH RESPECT TO THE PROPERTY. At no time shall the City have any control over or charge of the design, construction or installation of any of the improvements to the Property or related work or undertakings, nor the means, methods, techniques, sequences or procedures utilized for the design, construction or installation related to same. This Agreement does not create a joint enterprise or venture between the City and any of the Indemnified Parties. This section shall survive the termination of this Agreement. SECTION 8. RECORDATION. This document, including all Exhibits, may be recorded in the Official Records of. Collin County, Texas. SECTION 9. ENTIRE AGREEMENT. This Agreement is the entire agreement of the parties regarding the subject matter hereto. 7 1 P a g e 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 therefrom and the invalidity thereof will not affect any of the other provisions contained herein. SECTION 13. ESTOPPEL. On or before 45 days after receipt of a written request from an owner of the Property that desires to transfer its interest in the Property or borrow money secured by a mortgage or deed of trust against the Property or a prospective transferee of an owner's interest or an existing or prospective mortgagee, the City will execute and deliver an estoppel certificate stating that, to the best of the City's knowledge: (i) the transferring or borrowing owner is not in default under this Agreement; and (ii) this Agreement is in full force and effect and whether there are any amendments thereto. SECTION 14. FORCE MAJEURE. Whenever a period of time is prescribed in this Agreement for a Party (the "Acting Party") to take an action (other than a payment obligation), the Acting Party will not be liable or responsible for, and there will be excluded from the computation of any such time period, the period of time (the "Force Majeure Period") of delays caused by strikes, riots, acts of God, pandemic (but not including the COVID-19 pandemic), enemy action, shortages of labor or materials, war, acts of terrorism, flood, fire, explosion, unavoidable casualty, or any other causes that are beyond the reasonable control of the Acting Party or any of its employees, agents, or contractors, but not any economic hardship, changes in market conditions, and insufficiency of funds ("Force Majeure"). However, a date will only be extended by a Force Majeure Period if the Acting Party gives notice to the other Party of the occurrence or commencement of the event that constitutes Force Majeure within ten days after the Acting Party knows of the existence or commencement of such event, and claims (in such notice) that such event constitutes Force Majeure. A Party that has claimed the right to 81 Page temporarily suspend its performance under this section shall provide written reports to the other Party at least once every week detailing: (i) the extent to which the force majeure event or circumstance continue to prevent the Party's performance; (ii) all of the measures being employed to regain the ability to perform; and (iii) the projected date upon which the Party will be able to resume performance, which projected date the Parties agree and acknowledge is only an estimate and not a binding commitment by the Party claiming force majeure. SECTION 15. EFFECTIVE DATE. This Agreement will be effective upon the Effective Date first stated herein. [signature page follows] 9 1 P a g e CITY OF/ANNA 0 Jim Proce, City Manager IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned notary public, on the Igfday of DeC,., 2022, appeared Jim Proce, 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 City Manager of the City of Anna, Texas. QoZtaWPublic, State of Texas North Texas HOCO, LLC 2, By: Andrew Bossen, its Manager , JEOVANNA RUBIO .. Notary Public, State o1 Texas Comm. Expires 10.03-2026 Notary ID 133885878 IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF DAI_L1 S Bef re me, a undersigned notary public, on theLday of 022, appeared , , known to me (or proved to me) to be the person whose name is subscribed to theforegoing instrument, and acknowledged to me that he/she executed the same in his/her caoa6k as DrODelltV owner SHELEpril NN DEATON State of Texas r^ Not132425730 My Cion Expires 2024 101Page EXHIBIT 1 Anna Hotel Site BEING a tract of land situated in the W.S. Rattan Survey Abstract No. 752, City of Anna, Collin County, Texas, and being part of Lot 3, Block A of One Anna Two Addition, an addition to the City of Anna, Collin County, Texas according to the plat thereof recorded in Instrument No. 20120607010002180, Official Public Records, Collin County, Texas; same being a portion of that tract of land conveyed to Anna Investments, LLC by deed recorded in Instrument No. 20180622000777080, Official Public Records, Collin County, Texas, and being more particularly described as follows: COMMENCING at a TxDOT concrete monument found for corner in the west right-of-way line of US Highway No. 75 (a variable width right-of-way) at the northeast corner of said Lot 3; THENCE S 89004'37" W, departing said west right-of-way line of US Highway 75 and with the north line of said Lot 3, a distance of 352.41 feet to the POINT OF BEGINNING; THENCE departing said north line of Lot 3, the following courses and distances: S 0703725" W, a distance of 320.70 feet to a point for corner; N 82026'42" W, a distance of 437.43 feet to a point for corner in the east right-of- way line of Standridge Boulevard (an 80 foot wide right-of-way) and'the west line of said Lot 3; said point being the beginning of a non -tangent curve to the left; THENCE with said east right-of-way line and said west line of Lot 3, the following courses and distances: In a northeasterly direction with said curve to the left, having a central angle of 14°41'43", a radius of 780.00 feet, a chord that bears N 05°22'38" E, a distance of 199.51 feet, and an arc length of 200.05 to a point at the end of said curve; N 01 °58'14" W, a distance of 54.35 feet to a 1/2-inch iron rod with yellow plastic cap stamped "VOTEX SURVEYING" found for the northwest corner of said Lot 3; THENCE N 89004'37" E, departing said east right-of-way line of Standridge Boulevard and with the north line of Lot 3, a distance of 459.41 feet to the POINT OF' BEGINNING and containing 126,627 square feet or 2.907 acres of land more or less. EXHIBIT 2 -- --- �-° STANDRID(g7E 8W �_____ m.e Ytat V 1� r-----,---- 0 I I uru RD]t A qu s.¢ 1 I — NORl I _ J I V-F m I I 1 Ere-, '1 m_e ______________ �..pIaLLL-- I _____ _ U.S. HIIGHY!AYvNO. 75 .,. ME CONCEPT PLAN ONE ANNA TWO AMMON LOT 411, BLOCK A l,9WAGHlE OlYMAMYA COltNC91RVTT. TE�V.S W.& MTTAn 9J0.VlY. bRMCf N0. ]4 ocrossla>� Collin County Honorable Stacey Kemp Collin County Clark Instrument Number: 2022000178727 Real Property AGREEMENT Recorded On: December 20, 2022 10:20 AM Number of Pages: 13 " Examined and Charged as Follows: " Total Recording: $70.00 ########### THIS PAGE IS PART OF THE INSTRUMENT #Ffr1i#feki,#t Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Document Number: Receipt Number: Recorded Date/Time: User: Station: 2022000178727 20221220000168 December 20, 2022 10:20 AM Matthew M Station 10 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 MIA