HomeMy WebLinkAboutCCpkt2016-04-12YOUR} HOMETOWN
CITY OF ANNA AGENDA NOTICE — CITY COUNCIL- WORK SESSION
April 12, 2016 6:30 p.m. — Anna City Hall
The City Council of the City of Anna will meet in Work Session at 6:30 p.m., on
April 12, 2016 at Anna City Hall, located at 111 N. Powell Parkway (Hwy 5),
regarding the following items:
1. Call to Order, Roll Call and Establishment of Quorum.
2. Budget Goals & Discussion (Clayton Fulton)
3. 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); ETJ Boundary,
Building Permit Requirements.
b. discuss or deliberate the purchase, exchange, lease, or value of real
property (Tex. Gov't Code §551.072); acquisition of right-of-way,
easements, and land for municipal facilities.
c. discuss or deliberate personnel matters (Tex. Gov't Code §551.074);
City Attorney annual review.
The Council further reserves the right to enter into closed session at any
time throughout any duly noticed meeting under any applicable exception
to the Open Meetings Act.
4. Consider/Discuss/Action on any items listed on the posted agenda or any
closed session occurring during this meeting, as necessary.
5. Adjourn.
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda,
whenever it is considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary
at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made.
This is to certify that I, Carrie L. Smith, City Secretary, posted this agenda
at a place readily accessible to the public at the Anna City Hall and on the
City Hall bulletin board at or before 5:00 p.m. April 8, 2016.
Carrie L. Smith, City Secretary
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda,
whenever it is considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary
at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made.
Item No. WS 1
City Secretary's use only
City Council Agenda
Staff Report
CITY OFANNA,TEXAS Meetinq Date: April 12, 2016
Staff Contact: City Administrator
Exhibits: No
AGENDA SUBJECT:
Call to Order, Roll Call and Establishment of Quorum.
SUMMARY:
STAFF RECOMMENDATION:
City Secretary-WS 1 - Call to Order - Staff Report
Item No. WS 2
City Secretary's use only
City Council Agenda
Staff Report
CITY OF ANNA, TEXAS Meetinq Date: 4/12/2016
Staff Contact: Finance Director
Exhibits: No
AGENDA SUBJECT:
Discussion regarding FY 17 budget and goals
SUMMARY:
Staff will present information regarding requests for the FY 16 budget that were
not funded and provide information regarding status of department objectives in
preparation for additional discussion regarding FY 17 goals on April 26.
STAFF RECOMMENDATION:
City Secretary-WS - Budget Goals Discussion - Staff Report - 4.12.16
CITY CF ANNA, TEXAS
AGENDA SUBJECT:
Item No. WS 3
City Secretary's use only
City Council Agenda
Staff Report
Date: April 12, 2016
Staff Contact: City Manager
Exhibits: N/A
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:
SUMMARY:
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); ETJ Boundary, Building Permit Requirements.
b. discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov't Code §551.072); acquisition of right-of-way, easements, and land
for municipal facilities.
c. discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City
Attorney annual review.
The Council further reserves the right to enter into closed session at any time
throughout any duly noticed meeting under any applicable exception to the Open
Meetings Act.
STAFF RECOMMENDATION:
CITY OF ANNA, TEXAS
AGENDA SUBJECT:
Item No. WS 4
City Secretary's use only
City Council Agenda
Staff Report
Date: April 12, 2016
Staff Contact: City Manager
Exhibits: N/A
Consider/Discuss/Action on any items listed on posted agenda or any closed
session occurring during this Meeting, as necessary.
SUMMARY:
STAFF RECOMMENDATION:
CITY CF ANNA, TEXAS
AGENDA SUBJECT:
Adjourn
SUMMARY:
Item to adjourn the meeting.
STAFF RECOMMENDATION:
Staff recommends a motion to adjourn.
Item No. WS 5
City Secretary's use only
City Council Agenda
Staff Report
Date: April 12, 2016
Staff Contact: City Manager
Exhibits: None
YIOURI HOMETOWN
CITY OF ANNA AGENDA NOTICE — CITY COUNCIL — REGULAR SESSION
April 12, 2016 7:30 p.m. — Anna City Hall
The City Council of the City of Anna will meet in Regular Session at 7:30 p.m., on
April 12, 2016, at the Anna City Hall, located at 111 North Powell Parkway (Hwy
5), to consider the following items.
Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a record
of attendance. 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. Citizen comments. Citizens are allowed three minutes to speak to
Council. The Council is unable to respond to or discuss any issues that
are brought up during this section that are not on the agenda, other
than to make statements of specific factual information in response to
a citizen's inquiry or to recite existing policy in response to the inquiry.
4. 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.
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda,
whenever it is considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary
at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made.
Version 4/8/2016 12:37 PM
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 Minutes for March 22, 2016. (Carrie
Smith)
b. Review the Planning and Zoning Minutes for February 1, 2016.
(Maurice Schwanke)
c. Approve a Resolution approving a license agreement with
Dallas Area Rapid Transit (DART) allowing for the construction
of the Foster Crossing Water Line Project within DART right-of-
way. (Joseph Johnson)
d. Approve a Resolution approving a license agreement with
Dallas Area Rapid Transit (DART) allowing for the construction
of the Camden Parc Sewer Line Project within DART right-of-
way. (Joseph Johnson)
e. Authorize solicitation of bids for the Throckmorton Creek Sewer
Project. (Joseph Johnson)
f. Approve a Resolution approving the submission of an
Assistance to Firefighters SAFER Grant Application. (Chief
Gothard)
g. Approve a Resolution approving a re -plat of "Victoria Falls
Center Addition" final plat. (Maurice Schwanke)
h. Approve a Resolution approving "Camden Parc in Anna Phase
1A" final plat. (Maurice Schwanke)
Approve a Resolution approving "Wal-Mart Anna Addition" final
plat. (Maurice Schwanke)
Approve a Resolution approving "Anna Crossing Amenity
Center" preliminary plat. (Maurice Schwanke)
k. Approve a Resolution approving "Anna Crossing Amenity
Center" final plat. (Maurice Schwanke)
Approve a Resolution approving "Anna Crossing Amenity
Center" site plan and landscape plan. (Maurice Schwanke)
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda,
whenever it is considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary
at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made.
2
Version 4/8/2016 12:37 PM
m. Approve a Resolution approving "Anna Town Square Detention
Pond" final plat. (Maurice Schwanke)
n. Approve a Resolution approving "Anna Town Square Detention
Pond" site plan. (Maurice Schwanke)
6. Conduct a Public Hearing (2nd) on the voluntary annexation of a 75.97
acre tract of land located in the Joseph Schluter Survey, Abstract No.
856; a 32.84 acre tract of land in the Henry Smith Survey, Abstract
822; a 73.47 acre tract of land in the Zach Roberts Survey, Abstract
760; a 20.7 acre tract of land in the P Burns Survey, Abstract 100; and
a 60.04 acre tract of land in the Jonas Whitaker Survey, Abstract 98.
(Maurice Schwanke)
7. Consider/Discuss/Action regarding a Resolution approving a
Development Agreement with the Grayson Collin Recreation
Association, Inc. (Maurice Schwanke)
8. Consider/Discuss/Action regarding a Resolution approving and
authorizing the forgiveness of an interfund loan from the general fund
to the utility fund (Clayton Fulton)
9. Briefing/Update on infrastructure and development projects (Maurice
Schwanke/Joseph Johnson)
10. 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); ETJ Boundary, Building Permit Requirements.
b. discuss or deliberate the purchase, exchange, lease, or value of
real property (Tex. Gov't Code §551.072); acquisition of right-of-
way, easements, and land for municipal facilities.
c. discuss or deliberate personnel matters (Tex. Gov't Code
§551.074); City Attorney annual review.
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda,
whenever it is considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary
at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made.
3
Version 4/8/2016 12:37 PM
The Council further reserves the right to enter into closed session at
any time throughout any duly noticed meeting under any applicable
exception to the Open Meetings Act.
11. Consider/Discuss/Action on any items listed on the posted agenda or
any closed session occurring during this meeting, as necessary.
12.Adjourn.
This is to certify that I, Carrie L. Smith, City Secretary, posted this agenda
at a place readily accessible to the public at the Anna City Hall and on the
City Hall bulletin board at or before 5:00 p.m. April 8, 2016.
Carrie L. Smith, City Secretary
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda,
whenever it is considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary
at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made.
4
Version 4/8/2016 12:37 PM
CITY OF ANNA. TEXAS
AGENDA SUBJECT:
Item No. 1
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
Call to Order, Roll Call and Establishment of Quorum.
SUMMARY:
Mayor establishes a quorum
STAFF RECOMMENDATION:
April 12, 2016
City Manager
None
CITY OF ANNA. TEXAS
AGENDA SUBJECT:
Invocation and Pledge of Allegiance.
SUMMARY:
STAFF RECOMMENDATION:
Item No. 2
City Secretary's use only
City Council Agenda
Staff Report
Date: April 12, 2016
Staff Contact: City Manager
Exhibits: N/A
CITY OF ANNA, TEXAS
AGENDA SUBJECT:
Citizen comments.
SUMMARY:
Item No. 3
City Secretary's use only
City Council Agenda
Staff Report
Date: April 12, 2016
Staff Contact: City Manager
Exhibits: N/A
Citizens are allowed three minutes to speak. The Council is unable to respond to
or discuss any issues that are brought up during this section that are not on the
agenda, other than to make statements of specific factual information in response
to a citizen's inquiry or to recite existing policy in response to the inquiry.
STAFF RECOMMENDATION:
CITY OF ANNA, TEXAS
AGENDA SUBJECT:
Item No. 4
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
April 12, 2016
City Manager
N/A
Receive reports from Staff or the City Council about items of community interest.
SUMMARY:
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.
STAFF RECOMMENDATION:
CITY OF ANNA, TEXAS
AGENDA SUBJECT:
Item No. 5
City Secretary's use only
City Council Agenda
Staff Report
Date: April 12, 2016
Staff Contact: City Manager
Exhibits: Attached
These items consists of non -controversial or "housekeeping" items required by
law. Items may be considered individually by any Council Member making such
request prior to motion and vote on the Consent Items.
SUMMARY:
a. Approve the City Council Minutes for March 22, 2016. (Carrie
Smith)
b. Review the Planning and Zoning Minutes for February 1, 2016.
(Maurice Schwanke)
c. Approve a Resolution approving a license agreement with Dallas
Area Rapid Transit (DART) allowing for the construction of the
Foster Crossing Water Line Project within DART right-of-way.
(Joseph Johnson)
d. Approve a Resolution approving a license agreement with Dallas
Area Rapid Transit (DART) allowing for the construction of the
Camden Parc Sewer Line Project within DART right-of-way.
(Joseph Johnson)
e. Authorize solicitation of bids for the Throckmorton Creek Sewer
Project. (Joseph Johnson)
f. Approve a Resolution approving the submission of an
Assistance to Firefighters SAFER Grant Application. (Chief
Gothard)
g. Approve a Resolution approving a re -plat of "Victoria Falls
Center Addition" final plat. (Maurice Schwanke)
h. Approve a Resolution approving "Camden Parc in Anna Phase
1X final plat. (Maurice Schwanke)
i. Approve a Resolution approving "Wal-Mart Anna Addition" final
plat. (Maurice Schwanke)
j. Approve a Resolution approving "Anna Crossing Amenity
Center" preliminary plat. (Maurice Schwanke)
k. Approve a Resolution approving "Anna Crossing Amenity
Center" final plat. (Maurice Schwanke)
I. Approve a Resolution approving "Anna Crossing Amenity
Center" site plan and landscape plan. (Maurice Schwanke)
m. Approve a Resolution approving "Anna Town Square Detention
Pond" final plat. (Maurice Schwanke)
n. Approve a Resolution approving "Anna Town Square Detention
Pond" site plan. (Maurice Schwanke)
STAFF RECOMMENDATION:
Staff recommends approval of the consent items.
5a
ANNA CITY COUNCIL
MINUTES
WORK SESSION
March 22, 2016
The City Council of the City of Anna met in Work Session on the above date at
Anna City Hall, located at 111 N. Powell Parkway (Hwy 5), regarding the following
itPm¢•
1. Call to Order.
Mayor Crist called the meeting to order at 6:30 pm.
2. Roll Call and Establishment of Quorum.
Mayor Mike Crist, Council Members Justin Burr, Lauren Lovato, John
Beazley, Chad Barnes, Nathan Bryan and Dick Dowd were present.
3. 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); acquisition of right-of-
way, easements, and land for municipal facilities.
c. discuss or deliberate personnel matters (Tex. Gov't Code 551.074);
City Attorney annual review.
The Council further reserves the right to enter into closed session at any
time throughout any duly noticed meeting under any applicable
exception to the Open Meetings Act.
MOTION: Council Member Barnes moved to enter closed session at 6:35
p.m. Council Member Dowd seconded. Motion carried 7-0.
Mayor Crist reconvened the open meeting at 7:03 p.m.
March 22, 2016
CC Work Session Minutes
4. Consider/Discuss/Action on any items listed on the posted agenda
or any closed session occurring during this meeting, as necessary.
MOTION: Council Member Barnes moved to take no action. Council
Member Burr seconded. Motion carried 7-0.
5. Adjourn.
Council Member Dowd moved to adjourn. Council
seconded. Motion carried 7-0.
Mayor Crist adjourned the meeting at 7:04 p.m.
A
Approved on the 12th day of April, 2016.
VIVIOV,
I or
Member B ley
ATTEST:
City Secretary Carrie L. Smith Jr Mayor Mike Crist
March 22, 2016
CC Work Session Minutes
2
ANNA CITY COUNCIL
MINUTES
REGULAR SESSION
March 22, 2016
The City Council of the City of Anna met in Regular Session on the above date at
Anna City Hall, located at 111 North Powell Parkway (Hwy 5), to consider the
following items. 11
r
1. Call to Order, Roll Call and Establishment of Quorum.
Mayor Crist called the meeting to order at 7:30 p.m. P,,, '
Council Members Justin Burr, Lauren Lovato, John Beazley, Chad Barnes,
Nathan Bryan and Dick Dowd were present.
2. Invocation and Pledge of Allegiance.
Mayor Crist led the Invocation and Pledge of Allegiance.
3. Citizen comments. Citizens are allowed 3 minutes to speak. The Council
is unable to respond to or discuss any issues that are brought up during this
section that are not on the agenda, other than to make statements of
specific factual information in response to a citizen's inquiry or to recite
existing policy in response to the inquiry.
No public comments.
4. 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.
Council Member Dowd announced a ceremony will be held March 29, 2016
at 8:30 a.m. at Slayter Creek Park, honoring all Vietnam Veterans.
March 22, 2016
CC Regular Session Minutes
5. Proclamations
a. Vietnam Veterans Day — March 29, 2016
b. Collin McKinney Day — April 17, 2016
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. I
a. Approve the City Council Minutes for March 8, 2016. (Carrie
Smith)
C
Approve Resolution approving amendments to the City's 14
Investment Policy (Clayton Fulton)
RESOLUTION NO. 2016-03-151 - A RESOLUTION
REVIEWING AND AMENDING THE INVESTMENT
POLICY OF THE CITY OF ANNA.
c. Review EDC January Meeting Minutes (Jessica Perkins)
d. Review CDC January Meeting Minutes (Jessica Perkins)
MOTION: Council Member Barnes moved to approve. Council Member
Burr seconded. Motion carried 7-0.
7. Presentation by Anna ISD with regards to the School Bond Election
(Bradley Duncan)
Dr. Bradley Duncan with Anna ISD provided Council with information
about the AISD Bond election in May.
Conduct a Public Hearing (1st) on the voluntary annexation of a
75.97 acre tract of land located in the Joseph Schluter Survey,
Abstract No. 856; a 32.84 acre tract of land in the Henry Smith
Survey, Abstract 822; a 73.47 acre tract of land in the Zach Roberts
Survey, Abstract 760; a 20.7 acre tract of land in the P Burns
Survey, Abstract 100; and a 60.04 acre tract of land in the Jonas
Whitaker Survey, Abstract 98. (Maurice Schwanke)
In December of 2012, the City Council accepted and approved non -
annexation development agreements with a term of three years for
property owners in the area commonly known as the Slayter Creek
Addition, which included 10 properties.
Additionally, in December of 2010 the City Council accepted and
approved a non -annexation agreement with a term of 5 years for the
property commonly known as the Hurricane Creek Country Club
(HCCC) located west of U.S. 75 and north of S.H. 455.
March 22, 2016
CC Regular Session Minutes
K
These non -annexation agreements expired in December 2015. Per the
terms of the agreements, the respective owners are deemed to have
properly filed with the City a petition consenting to voluntary annexation
of the respective properties to be completed upon or after the end of the
term.
Mr. Jim Sanders, president of the Board of Directors for Hurricane Creek
Country Club (HCCC) spoke to Council regarding delaying the
annexation of HCCC. See exhibit A.
Mayor Crist thanked Mr. Sanders for his comment:
in touch with City Manager Sanders after the meetii
Mayor Crist opened the Public Hearing at 7:50 p.m
No Comments.
Mayor Crist closed the Public Hearing at 7:50 p.m.
9. Consider/Discuss/Action on a Resolution instituting Annexation
proceedings and setting the dates, times and places for public
hearings for the annexation of a 32.295 acre tract of land located in
the Henry Smith Survey, Abstract No. 0823. (Maurice Schwanke)
RESOLUTION NO. 2016-03-153 - A RESOLUTION INSTITUTING
ANNEXATION PROCEEDINGS AND SETTING THE DATES,
TIMES AND PLACES FOR PUBLIC HEARINGS FOR THE
ANNEXATION OF 32.295 ACRES OF LAND LOCATED IN THE
HENRY SMITH SURVEY, ABSTRACT NO. 0823; AND DIRECTING
THE CITY MANAGER TO OFFER ON BEHALF OF THE CITY TO
MAKE A DEVELOPMENT AGREEMENT WITH THE OWNERS OF
PROPERTY WITHIN THE AREA PROPOSED FOR ANNEXATION.
MOTION: Mayor Crist moved to approve. Council Member Bryan
seconded. Motion carried 6-1. Council Member Beazley opposed.
10.Consider/Discuss/Action regarding a Resolution approving the
First Agreement Amending the Subdivision Improvement
Agreement for Anna Crossing Phase 1A. (Maurice Schwanke)
RESOLUTION NO. 2016-03-154 - A RESOLUTION OF THE CITY
OF ANNA, TEXAS APPROVING THE FIRST AGREEMENT
AMENDING THE SUBDIVISION IMPROVEMENT AGREEMENT
FOR ANNA CROSSING PHASE 1A.
MOTION: Council Member Barnes moved to approve. Council Member
Beazley seconded. Motion carried 7-0.
11.Consider/Discuss/Action regarding an Ordinance adding a new
Section 7 to Part II, Article 29 of the Anna City Code of Ordinances;
March 22, 2016
CC Regular Session Minutes
and Amending Part III-D (Sign Regulations) of the Anna City Code
of Ordinances, Section 12 "Political Signs". (City Attorney)
ORDINANCE NO. 716-2016 - AN ORDINANCE OF THE CITY OF
ANNA, TEXAS ADDING A NEW SECTION 7 TO PART Il, ARTICLE
29 OF THE ANNA CITY CODE OF ORDINANCES; AMENDING
PART 111-D (SIGN REGULATIONS) OF THE ANNA CITY CODE OF
ORDINANCES, SECTION 12 "POLITICAL SIGNS", PROVIDING
FOR A PENALTY FOR VIOLATION OF THIS ORDINANCE;
PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY
CLAUSES; PROVIDING FOR PUBLICATION OF THE CAPTION
HEREOF AND AN EFFECTIVE DATE
MOTION: Council Member Burr moved to approve. Council Member
Barnes seconded. Motion carried 7-0.
12.Consider/Discuss/Action regarding an Ordinance adopting a Hotel
Occupancy Tax (HOT) (Clayton Fulton)
ORDINANCE NO. 717-2016 - AN ORDINANCE OF THE CITY OF
ANNA, TEXAS, AMENDING THE CODE OF ORDINANCES, CITY
OF ANNA, TEXAS, PART ll, ARTICLE 57 (TAXATION), BY
ADOPTING ARTICLE 57, SECTION 2 (HOTEL OCCUPANCY TAX)
TO INCLUDE ALL COSTS AND FEES CHARGED TO HOTEL
OCCUPANTS FOR THE USE, POSSESSION, OR THE RIGHT TO
USE OR POSSESSION OF A HOTEL ROOM; PROVIDING FOR A
$500 PENALTY FOR DELINQUENCY; PROVIDING FOR
SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; AND
PROVIDING FOR AN EFFECTIVE DATE.
MOTION: Council Member Barnes moved to approve. Council Member
Beazley seconded. Motion carried 7-0.
13. Briefing regarding Fire Department Assistance to Firefighters
SAFER Grant Application. (Chief Gothard)
M
This AFG SAFER grant would provide for hiring two additional
firefighters to work on shift assignments and assist with call loads during
staffing shortages. The additional staffing will begin providing needed
staffing levels for the future.
(2) Firefighter Positions: For a period of two -years, the AFG SAFER
grant would fund the salary and benefits of two firefighters to work
and provide firefighting job performance duties. If awarded this grant,
the City will be responsible for funding uniforms and equipment
necessary for the new firefighter positions (approx. $9,000) out of the
General Fund. Additional cost would be minimal for items such as
replacement uniforms, training tuition, etc.
March 22, 2016
CC Regular Session Minutes
At the end of the two-year period, in FY 19 the Fire Department budget
would need to include funding for the full-time positions at a budgeted
amount of approximately $132,926.
The consensus of the Council was for Chief Gothard to proceed with
applying for the grant.
14. 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). 4
b. discuss or deliberate the purchase, exchange, lease, or value of real
property (Tex. Gov't Code §551.072); acquisition of right-of-way,
easements, and land for municipal facilities.
The Council further reserves the right to enter into closed session at any
time throughout any duly noticed meeting under any applicable exception
to the Open Meetings Act.
No executive session.
15. Consider/Discuss/Action on any items listed on the posted agenda or
any closed session occurring during this meeting, as necessary.
MOTION: Council Member Dowd moved to take no action. Council
Member Lovato seconded. Motion carried 7-0.
16.Adjourn.
MOTION: Council Member Beazley moved to adjourn. Mayor Crist
seconded. Motion carried 7-0.
Mayor Crist adjourned the meeting at 8:08 p.m.
Approved on the 22nd day of March, 2016.
ATTEST:
City Secretary Carrie L. Smith Mayor Mike Crist
March 22, 2016 5
CC Regular Session Minutes
Anna City Council
City Council Minutes
March 22, 2016
Exhibit A
March 17, 2016
V,
Dear Anna City Council Members, my name is Jim Sanders. I am president
of the Board of Directors for Hurricane Creek Country Club (HCCC). I am
writing this letter to outline the points I would like to make in next
Tuesday's open Council Meeting. Greg Morrison, our club manager, and
myself are planning on attending that meeting. We will be happy to answ
any questions you have.
As the original five-year delay in our annexation has expired, we understand
you are going through the steps necessary to deciid6gRurricane Creek
Country Club is to be annexed. W*
4%ae
The points below are in support of our position that, while we understand we
will eventually be annexed, the timing is not right for HCCC and possibly
for Anna. We are not making a case for `if we are to be annexed. We are
merely trying to influence the `when' we will be annexed by requesting an
additional five-year extension.
Hurricane Creek and Anna are in position to benefit from each other. We
are likely one reason that people would consider moving to Anna and as the
city continues to grow it adds to our ability to attract new members.
Since 2006, 600 golf courses have closed nationwide. In Collin and
Grayson counties, three have closed including Northern Challenge, Golf
Club of McKinney, and Grayson County. We know of two others that are
having serious financial issues.
With all the rain we experienced, 2015 was a bad year for golf courses. We
had at least two months with all-time record low play. This is also
compounded by the lengthy and continued construction on Hwy 75.
Hurricane Creek Country Club is a member owned club that currently has
bout 500 charter members. In the early 2000's, we had as many as 600.
We will be happy to produce our auditor's report showing that we lost
$29.5k in 2015 and $25.4k in 2014. We are hoping to break even in 2016.
March 22, 2016 6
CC Regular Session Minutes
Annexing HCCC now will cause an additional financial burden on our club.
Included in these charges are (estimated):
• Addition Property Taxes. $14k
• Additional Sales Tax. Likely around $50k
• Fees for security monitoring and other city services
• Not burning will mean buying a wood chipper and disposal costs.
I'm sure there are other expenses that we don't yet understand. To add,
could be close to $75k - $100k to our very tight budget now, would be
Or
devastating to our club. Nr I I
Why would the timing be better in five years?
• The Hwy 75 expansion, which will initially have a negative impact on
or club's ability to attract new members, will be finished.
• Anna will have grown, allowing us to grow with it.
• Projects such as the Villages of Hurricane Creek might very well
bring new potential members.
• We have a new internal marketing program that will need some time
to start helping us get on our feet.
IMV
Assuming the combination of these activities get us to a membership level of
between 550 and 600, we are then a very health, vibrant club.
In summary, we are requesting a five-year extension before annexation.
Myself, our Club Manager, and possibly a couple other Board Members will
be there Tuesday to ask you to consider our request and to answer your
questions. I will have a copy of our audited financials at that time.
Thank you,
Jim Sanders
President, Board of Directors
Hurricane Creek Country Club
March 22, 2016
CC Regular Session Minutes
5b
MINUTES
PLANNING AND ZONING COMMISSION
REGULAR MEETING
February 1, 2016
The Planning and Zoning Commission of the City of Anna held its regular meeting on
Monday, February 1, 2016, at 7:00 p.m., at the Community Room of the Anna City Hall
Administration Building located at 111 North Powell Parkway (Hwy 5), to consider the
following items.
1. Call to order and establishment of quorum.
The meeting was called to order at 7:02 p.m. Members present were Sandy Setliff,
Lorenzo Gonzalez, Don Callaham, Donald Henke, John Johnson, Darrin Colombo
and Tom Plunkett. Staff present was Maurice Schwanke and Tana Ross.
2. Invocation and Pledge of Allegiance.
Mr. Schwanke gave the invocation and led the Pledge of Allegiance.
3. Consider/Discuss/Act on recommendation regarding "Anna Middle School"
Site Plan.
Mr. Schwanke gave a presentation and answered questions from the Commission.
He noted that the Anna ISD is planning a major renovation program at the Middle
School this spring. The improvements will include a new access point to Rosamond
Parkway to help with bus traffic between the High School and Middle School
facilities. The site plan has been reviewed by Staff and is being recommended for
approval.
Brad Duncan and Pete Slaughter, representatives from the school were present for
the meeting. Mr. Duncan gave a brief presentation and answered questions from
the Commission.
A motion was made by Commissioner Plunkett, seconded by Commissioner Setliff
to recommend approval of the site plan. The vote was unanimous.
4. Consider/Discuss/Act on recommendation regarding re -plat of " Pecan
Hollow" on lots 25, 26 and 27, Block A.
Mr. Schwanke gave a presentation regarding the re -plat of Pecan Hollow. A re -plat
has been received on approximately 4.003 acres of land that is located in the Pecan
Hollow subdivision located in Anna's ETJ west of F.M. 455. The purpose of the re -
plat is to take 3 existing lots and turn it into two lots. Mr. Schwanke also noted that
a public hearing will be required at the City Council level. The Staff is
recommending approval of the re -plat.
A motion was made by Commissioner Callaham, seconded by Commissioner
Colombo to recommend approval of the Pecan Hollow re -plat. The vote was
unanimous.
PZ Agenda 02-01-16.doc Page 1 of 2 02-01-16
5. Consider/Discuss/Act on recommendation regarding "NorthPointe Crossing
PH 2" final plat.
Mr. Schwanke gave a presentation regarding the North Pointe Crossing PH 2 final
plat. A final plat has been received on approximately 32.541 acres of land that is
located east of the railroad track and north of County Road 376. The
owner/developer is proposing 152 lots of the tract. Mr. Schwanke noted that the
civil construction plans have been approved by the City Consulting Engineer and
City Staff. The staff recommends approval of the final plat.
Dustin Wentz, representative for the North Pointe Crossing PH 2 submittal was
present for the meeting, no presentation given.
A motion was made by Commissioner Plunkett, seconded by Commissioner Setliff
to recommend approval of the final plat. The vote was unanimous.
6. Consider/Discuss/Act on recommendation regarding "Anna Crossing PH 4"
Final Plat.
Mr. Schwanke gave a presentation regarding the Anna Crossing PH 4 final plat.
A final plat has been received on approximately 16.995 acres of land that is located
east of Leonard Avenue and north of Sharp Street. A preliminary plat was approved
for the property by the City Council on March 15, 2015. The owner/developer is
proposing 90 lots on the tract. Mr. Schwanke noted that the civil construction plans
have been approved by the City Consulting Engineer and City Staff. The staff
recommends approval of the final plat.
A motion was made by Commissioner Gonzales, seconded by Commissioner Setliff
to recommend approval of the final plat. The vote was unanimous.
7. Consider action to approve Minutes of the January 4, 2016 Planning and
Zoning meeting.
A motion was made by Commissioner Gonzales, seconded by Commissioner Setliff
to approve the Minutes of the January 4, 2016 meeting. The vote was unanimous.
8. Adjourn.
There being no other business, a motion was made by Chairman Johnson,
seconded by Commissioner Colombo to adjo rn meeting. The ting adjourned
at 7:42 p.m.
Maurice Schwanke
Director of Planning and Development
ATTEST:
PZ Agenda 02-01-16.doc Page 2 of 2 02-01-16
CITY OF ANNA, TEXAS
Item No. 5c
City Secretary's use only
City Council Agenda
Staff Report
Meeting Date: April 12, 2016
Staff Contact: Joseph Johnson
Exhibits: Attached.
AGENDA SUBJECT:
Approve a Resolution approving a license agreement with Dallas Area Rapid
Transit (DART) allowing for the construction of the Foster Crossing Water Line
Project within DART right-of-way. (Joseph Johnson)
SUMMARY:
The Foster Crossing Water Line Project will cross DART right-of-way within
County Road 421 right-of-way. In order to construct and maintain the water line
within the railroad right-of-way DART requires the City to execute a license
agreement outlining specific requirements for the construction and maintenance
of the infrastructure within DART right-of-way. Because the line will cross within
the County Road 421 right-of-way there is no cost associated with the license
agreement.
STAFF RECOMMENDATION:
Staff recommends approval of this item.
City Secretary-1 - Staff Report - DART Agreement - Foster Crossing Water Line - 4-12-16
CITY OF ANNA, TEXAS
RESOLUTION NO. 2016-04-
(DART License Agreement — Foster Crossing Water Line)
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A LICENSE AGREEMENT
BETWEEN DALLAS AREA RAPID TRANSIT ("LICENSOR") AND THE CITY OF ANNA,
TEXAS ("LICENSEE") TO ALLOW FOR THE CONSTRUCTION AND MAINTENANCE OF
THE FOSTER CROSSING WATER LINE PROJECT WITHIN LICENSOR'S RIGHT-OF-
WAY.
WHEREAS, Licensor owns certain railroad right-of-way within the city limits of the Licensee;
and
WHEREAS, Licensor has a Trackage Rights Agreement with Dallas, Garland & Northeastern
Railroad (the "Railroad"), whereby the Railroad is responsible for certain maintenance of
existing at -grade rail crossings; and
WHEREAS, there is an existing public road known as County Road 421 that crosses
Licensor's Sherman Line railroad right-of-way near Mile Post 305.53; and
WHEREAS, Licensee proposes to construct and maintain a 12-inch water line within the
public right-of-way of County Road 421, crossing under the railroad right-of-way, in
accordance with Licensor's and Railroad's standards;
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.
0
Section 2. Approval of License Agreement.
The City Council of the City of Anna, Texas hereby approves the License Agreement
attached hereto as Exhibit 1, and authorizes, ratifies and approves the City Manager's
execution of same. The City Manager is hereby authorized to execute all documents and to
take all other actions necessary to finalize, act under, and enforce the Agreement.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the 12t"
day of April, 2016.
ATTEST: APPROVED:
Carrie L. Smith, City Secretary Mike Crist, Mayor
Resolution 2016-04-
DART License Agreement— Foster Crossing Water Line
PAGE 1 OF 1
AGREEMENT NO.
THIS Agreement ("License"), is made by and between DALLAS AREA RAPID TRANSIT
("Licensor"), a regional transportation authority, created, organized and existing pursuant to Chapter 452,
Texas Transportation Code, as amended (the "Act") and City of Anna ("Licensee"), a Texas Municipal
corporation acting herein by and through its duly authorized official, whose mailing address is
Powell Parkway, Anna, Texas 75409.
Pursuant to an agreement between Licensor and Dallas, Garland and Northeastern Railroad
Company, (hereinafter the "Railroad"), freight railroad operations exist on Licensor's corridor.
1. Purpose. Licensor hereby grants a license (the "License") to Licensee for the purposes of
constructing, installing, maintaining and operating one 12-inch waterline with a 24-inch steel casing that
will be located in the County Road 421 Public Right of Way near the intersection of S.H. 5 and West
Foster Crossing Road (the "Permitted Improvement") crossing the North Sherman Line at Mile Post
305.53, (Latitude: 33 degrees 19'14.37"N, Longitude: 96 degrees 33'23.28"W) in Anna, Collin
County, Texas, more particularly described as shown in Exhibits "A" and `B", attached hereto and
incorporated herein for all pertinent purposes, (the "Property"). imi -40
The Property shall be used by Licensee solely for the purpose of operating and maintaining the
Permitted Improvement (the "Permitted Use"), Licensee's right to enter upon and use the Property shall
be limited solely to the Permitted Use and the Permitted Improvement.
2. Term. This License shall begin on the lst day of March, 2016 (the "Term") and continue thereafter
until terminated by either party as provided herein.
3. Consideration. The consideration for the granting of this License shall be (a) TEN AND NO/100
($10.00) DOLLARS cash in hand paid by Licensee to Licensor, the sufficiency and receipt, of which is
hereby acknowledged, and (b) the faithful performance by Licensee of all of the covenants and
agreements undertaken by Licensee in this License.
4. Non Exclusive License. This License is non-exclusive and is subject to (a) any existing utility,
drainage or communication facility located in; on, under, or upon the Property owned by Licensor, any
Railroad, utility, or communication company, public or private; (b) all vested rights presently owned by
any Railroad, utility or communication company, located within the boundaries of the Property; and (c)
any existing lease, license or other interest in the Property granted by Licensor to any individual,
corporation or other entity, public or private.
5. Design, Construction, Operation and Maintenance. Licensor's use of the Property and adjoining
property may include the use of electrically powered equipment. Notwithstanding Licensor's inclusion
within its system of measures designed to reduce stray current which may cause corrosion, Licensee is
hereby warned that such measures may not prevent electrical current being present in proximity to
the Permitted Improvement and that such presence could produce corrosive effects to the
Permitted Improvement. Licensee waives any claim and releases Licensor with regard to any claim
arising from such corrosion.
5.01. All design, construction, reconstruction, replacement, removal, operation and maintenance
of the Permitted Improvement on the Property shall be done in such a manner so as not to interfere in any
way with the operations of Licensor or other Railroad operations. In particular, cathodic protection or
other stray current corrosion control measures of the Permitted Improvement as required shall be made a
part of the design and construction of the Permitted Improvement.
Page 1 of 5
West Foster Crossing
12-inch Waterline
ED
Mile Post 305.53
5.02. During the design phase and prior to commencing any construction on the Property, a copy
of the construction plans showing the exact location, type and depth of the construction, any cathodic
protection measures and any working area, shall be submitted for written approval to Licensor and
Railroad. Such approval shall not be unreasonably withheld. No work shall commence until said plans
have been approved by Licensor.
5.03. Licensee agrees to design, construct and maintain the Permitted Improvement in such a
manner so as not to create a hazard to the use of the Property, and further agrees to pay any damages
which may arise by reason of Licensee's use of the Property.
5.04. Licensee covenants and agrees to institute and maintain a reasonable testing program to
determine whether or not additional cathodic protection of its Permitted Improvement is necessary and if .
it is or should become necessary, such protection shall be immediately instituted by Licensee at its sole ;
cost and expense. IV
5.05. Licensor makes no warranty regarding subsurface installations on the Property.
Licensee shall conduct its own inspection of same and will not rely on the absence or presence of
markers.
5.06. Licensee shall provide to Licensor final construction drawings ("as-builts") that are
signed and sealed by a Texas Professional Engineer within sixty ("60") days of completion of the
project or a $100.00 fee per month will be assessed until they are received.
6. Governmental Approvals. Licensee, at its sole cost and expense, shall be responsible for and shall
obtain, any and all licenses, permits, or other approvals from any and all governmental agencies, federal,
state or local, required to carry on any activity permitted herein.
7. Licensor's Standard Contract and Insurance. No work on the Property shall be commenced by
Licensee or any contractor for Licensee until such Licensee or contractor shall have executed Licensor 's
Construction Agreement and Contractor's Right of Entry covering such work, and has furnished
insurance coverage in such amounts and types as shall be satisfactory to Licensor. A company -issued
photo identification of Licensee's employees, contractors or agents shall be required to work on the
Property. 0
8. Duty of Care in Construction. Licensee or its contractor shall use reasonable care during the
construction period and thereafter, to avoid damaging any existing buildings, equipment and vegetation
on or about the Property and any adjacent property owned by or under the control of Licensor. If the
Licensee or its contractor causes damage to the Property or any adjacent property, the Licensee and/or its
contractor shall immediately replace or repair the damage at no cost or expense to Licensor. If Licensee
or its contractor fails or refuses to make or effect any such repair or replacement, Licensor shall have the
right, but not the obligation, to make or effect any such repair or replacement at the sole cost and expense
of Licensee, which cost and expense Licensee agrees to pay to Licensor upon demand.
9. Environmental Protection.
9.01. Licensee shall not use or permit the use of the Property for any purpose that may be in
violation of any local, state or federal laws pertaining to health or the environment, including but not
limited to, the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"),
the Resource Conservation and Recovery Act ("RCRA"), the Clean Water Act ("CWA") and the Clean
Air Act ("CAA").
Page 2 of 5
West Foster Crossing
12-inch Waterline
ED
Mile Post 305.53
9.02. Licensee warrants that the Permitted Use of the Property will not result in the disposal or
other release of any hazardous substance or solid waste on or to the Property, and that it will take all steps
necessary to ensure that no such hazardous substance or solid waste will ever be discharged onto the
Property by Licensee or its Contractors.
9.03. The terms "hazardous substance" and "release" shall have the meanings specified in
CERCLA and the terms "solid waste" and "disposal" (or "disposed") shall have the meanings specified in
the RCRA; PROVIDED, HOWEVER, that in the event either CERCLA or RCRA is amended so as to
broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the
effective date of such amendment; and PROVIDED FURTHER, that to the extent that the laws of the
State of Texas establish a meaning for "hazardous substance", "release", "solid waste", or "disposal", .
which is broader than that specified in either CERCLA or RCRA, such broader meaning shall apply.
9.04. Licensee shall indemnify, defend and hold Licensor and Railroad harmless against all
cost of environmental clean up to the Property resulting from Licensee's use of the Property under
this License.
10. Mechanic's Liens Not Permitted. Licensee shall fully pay for all labor and materials used in, on, or
about the Property and will not permit or suffer any mechanic's or materialmen's liens of any nature to be
affixed against the Property by reason of any work done or materials to the Property at
Licensee's instance or request.
11. Maintenance of Completed Improvements. The Permitted Improvement shall be maintained by
the Licensee in such a manner as to keep the Property in a good and safe condition with respect to
Licensee's use. In the event the Licensee fails to maintain the Property as required, upon discovery,
Licensor shall notify Licensee of such occurrence in writing. In the event Licensee shall not have
remedied the failure within ten (10) days from the date of such notice, Licensor shall have the right, but
not the obligation to remedy such failure at the sole cost and expense of Licensee. In the event Licensor
exercises its right to remedy Licensee's failure, Licensee agrees to immediately pay to Licensor all costs
incurred by Licensor upon demand.
12. Future Use by Licensor.
IN
12.01. This License is made expressly subject and subordinate to the right of Licensor to use the
Property for any purpose whatsoever.
12.02. In the event that Licensor shall, at any time subsequent to the date of this License, at its
sole discretion, determine that the relocation of the Permitted Improvement shall be necessary or
convenient for Licensor 's use of the Property, Licensee shall, at its sole cost and expense relocate said
Permitted Improvement so as not to interfere with Licensor 's or Licensor 's assigns use of the Property.
In this regard, Licensor may, but is not obligated to, designate other property for the relocation of the
Permitted Improvement. Licensor shall give a minimum of thirty (30) days written notice of any required
relocation. Licensee shall promptly commence to make the required changes thereafter and shall
diligently complete the relocation as required within a reasonable period.
13. Relocation Benefits. The parties hereto agree that the construction of the Permitted Improvement on
the Property shall be subsequent to the acquisition of the Property by Licensor and that Licensee does
hereby waive any and all claim that it may have under the Act, or otherwise, regarding the payment of
any and all relocation benefits and that all costs associated with any relocation of such Improvements
shall be borne by Licensee.
Page 3 of 5
West Foster Crossing
12-inch Waterline
ED
Mile Post 305.53
14. Duration of License. This License shall terminate and be of no further force and effect (a) in the
event Licensee shall discontinue or abandon the use of the Permitted Improvement; (b) in the event
Licensee shall relocate the Permitted Improvement from the Property; (c) upon termination in accordance
with paragraph 19 of this License, whichever event first occurs.
15. Compliance With Laws and Regulations. Licensee agrees to abide by and be governed by all
laws, ordinances and regulations of any and all governmental entities having jurisdiction over the
Licensee and by railroad regulations, policies and operating procedures established by the
Railroad, or other applicable railroad regulating bodies, and Licensee agrees to indemnify and hold
Licensor harmless from any failure to so abide and all actions resulting therefrom.
1"EiLs
16. Indemnification. Licensee shall at all times protect, indemnify, defend and hold Licensor and
the Railroad harmless against and from any and all loss, cost, damage or expense, including
attorney's fees and including, without limitation, claims of negligence, arising out of this License
(including by example and not limitation, Licensee's acts or failure to act hereunder), Licensee's
use in any way of the Property, or arising from any accident or other occurrence on or about the
Property, resulting in personal injury, death, or property damage, except to the extent fault is
judicially determined against Licensor. iER
17. Termination of License. At such time as this License may be terminated or canceled for any reason
whatsoever, Licensee, upon request by Licensor, shall remove all improvements and appurtenances
owned by it, situated in, on, under or attached to the Property, regardless of whether or not such
improvements were placed thereon by Licensee, and shall restore the Property to a condition satisfactory
to Licensor, at Licensee's sole expense.
18. Assignment. Licensee shall not assign or transfer its rights under this License in whole or in part, or
permit any other person or entity to use the License hereby granted without the prior written consent of
Licensor which Licensor is under no obligation to grant.
19. Methods of Termination. This License may be terminated in either of the following ways:
19.01. By written agreement of both parties; or
19.02. By either party giving the other party thirty (30) days written notice.
20. Miscellaneous.
20.01. Notice. When notice is permitted or required by this License, it shall be in writing and
shall be deemed delivered when delivered in person or when placed, postage prepaid, in the U.S. Mail,
Certified, Return Receipt Requested, and addressed to the parties at the following addresses:
LICENSOR: Dallas Area Rapid Transit OR
1401 Pacific Avenue
Dallas, Texas 75202-7210
ATTN: Railroad Management
LICENSEE:
West Foster Crossing
12-inch Waterline
ED
City of Anna
111 N. Powell Parkway
Anna, TX 75409
Page 4 of 5
P. O. Box 660163
Dallas, Texas 75266-7210
P.O. Box 776
Anna, Texas75409-0776
Mile Post 305.53
Either party may from time to time designate another and different address for receipt of notice
by giving written notice of such change of address.
20.02. Governing Law. This License shall be construed under and in accordance with the laws
of the State of Texas. 11�
20.03. Entirety and Amendments. This License embodies the entire agreement between the
parties and supersedes all prior agreements and understandings, if any, relating to the Property and the
matters addressed herein, and may be amended or supplemented only by a written ins ent e. ted by
the party against whom enforcement is sought.
20.04. Parties Bound. This License shall be binding upon and inure to the benefit of the
executing parties and their respective heirs, personal representatives, successors and assigns.
20.05. Number and Gender. Words of any gender used in this License shall be held and
construed to include any other gender; and words in the singularll include the plural and vice versa,
unless the text clearly requires otherwise.
20.06. No Joint Enterprise. The parties do not intend that this License be construed as finding
that the parties have formed a joint enterprise. The purposes for which each party has entered into this
License are separate and distinct. It is not the intent of any of the parties that a joint enterprise
relationship is being entered into and the parties hereto specifically disclaim such relationship. This
License does not constitute a joint enterprise, as there are no common pecuniary interests, no common
purpose and no equal right of control among the parties hereto.
20.07. Counterparts. The parties may execute this Agreement in multiple originals and when
taken together, those originals constitute a whole.
IN WITNESS WHEREOF, the parties have executed this License on the date last signed.
LICENSOR:
West Foster Crossing
12-inch Waterline
ED
C�
W-4
DALLAS AREA RAPID TRANSIT
BY:
Date:
MAUREEN MCCOLE
Vice President, Commuter Rail
& Railroad Management
CITY OF ANNA
MN
Printed Name: Philip Sanders
Title: City Manager
Date:
Page 5 of 5
Mile Post 305.53
jU
N 7168976.1838
J. KEVIN ac L.
N 7168961.3505
E 2561910.0337
'
/
Doc. No.
DOC.KENNO.
E 25618766505
P.I. TA. 64+91.79
S
19940318000262320
P.I. STA. 64+55.26
A = 424500" RT.
D.R.C.C.T.
A = 243022" LT.
FURNISH & INSTALL:
FIST.
yam,
(REMAINING 54.256 AC.
FURNISH &INSTALL:
1-12" 45° BEND
R.ON,
FROM CALLED 55.56 AC.)
I-12" 225" BEND
PULL PIPE
.•
P'
r
PULL PIPE
1-12" R.S.GATE VALVE (EAST)0
it
STA. 64+96.79 TO STA. 66+16.79
120 L.F-_ 12" WATER LINE W/ 24" STEEL
`GW
ENCASEMENT PIPE (1/4" THICK WALL)
u1 CONSTRUCTION
TEMPORARY ZO'
ESMT
U.P.0
BY 07HER THAN OPEN CUT
Ori O
- - - - -
U C.M.,
G.W.
07
ris
40
PROPOSED 20'
to
WATER LINE
f
w04Ld
o
O
00
,
®J
SIGN
WARNING
GOVERHEAD
.W. G.W.
u.a ` G.W.ELECTRICAL
tD !--._.._........
h
.:::. : -.-`_
U.P.; '.
G-W 1
LINE STOP
IN VICINITY OF SIGN
STA. 64+64t THRU
STA. 65+00t
o
M
M
U �
`-
N 7168961.4009
o <
E 2561871.3950
T N ~ a
STA. 64+50.00
N y "
F1IRNISH & INSTALL:
a -a `off 0
S N J
1-12W TEE
a
1-6' R.S. GATE VALVE
z
1-57D. FIRE HYDRANT
13 0
a
5 LF. 6' W.L.
SIGN
G.W.
POLE;rI POLE
d
/ EXIST. 24' CLASS
` 150 WATER LINE
l;r / TESTAMENTARY TRUST
C/O ADDISON WILSON III
DOC. NO. 20091215001497350
I ` D.R.C.C.T.
(CALLED 25.08 AC.)
i ( U.P.
/ ! N
PROPOSE® 12"
N fm/yl
WATER LINE
°o' TEMPORARY 20'
I
L_ %; ,, PROTECT
1` EXISTING
CITY SIGN-
i ABST. 464 -
m MST. 3333
i
B /G.W. G.W.
SIGN
WARNING RR
OVERHEAD RR
ELECTRICAL LINE
IN VICINITY OF
SIGN STA 66+28t
D.A.R.T. MILE POST
40 PGE, LTD.
XXX.X� DOC. N0. 20030401000571970
VOL 5387, PG. 468
D.R.C.C.T.
100' R0. (CALLED 39.9944 AC.)
r� CONSTRUCT/ON ESMT. STA. 66+78.36 TO STA 67+84.36
PROPOSED 20" 106 LF. 12" WATER LINE W/ 24" STEEL
�I ENCASEMENT PIPE (3/8" THICK WALL)
W.M. WATER LINE ESMT. BY OTHER THAN OPEN CUT
-
=7168918.7309 -
E=2562036.7684
CP 600
N 7168929.0716
E 256204& 4809
P./. STA 66+38.03
A = 18'0039' LT.
FURNISY & INSTALL:
1-12' 22:J0' BEND
i' PULL PIPE
U.P. 1-12' R.S.GATE VALI/E (EAST)
e SIGN
- RR -
N 7168926.8607
E 2562210.4364
P.I. STA. 68+00.00
A = 9'1500' LT.
FURNISH & INSTALL.:
/
1-12" 11'15' BEND
PULL PIPE
l
W.V.
N 7168928.3332
r /
W.V. q,2X2CONC
2x2GONc
E 2562220.3274
F.H.
P/ STA. 68+10.00
A = 22 58 49" RT.
_
W.V. --C ^I
FURNISH & INSTALL:
2X2coNci' I
1-12„ 22'30' BENO
PULL PIPE
®
TEMPORARY 20'
68+00
`- ' - --
,
CONSTRUC7ON ESMT
ABST. 33 - -- -- - --_.
C.R. 421
SIGN /
RR HARLAN PROPERTIES, INC.
N0. 20121228001650300
D.R.C.C.T.
(CALLED 360.545 AC)
N 7168925,9269
E 2562229.6235
STA. 68+ 19, 60
END 12" WATER LINE
CONNECT TO EXIST.
W'V• 24' AWWA C905 PVC
FIELD VERIFY LOCATION
FURNISH & INSTALL:
1-24 X12' TAPPING SLEEVE
1-12'R.S. GATE VALVE
r+ ¢
� � ys
J;y
e
Call b - you ft
'V DENOTES TREE REMOVAL
BENCHMARK RAILROAD SPIKE
N 7168913.6752
E 2561633.8560
ELEV, 711.94
BENCHMARK MAG NAIL
N 7168883.2440
E 2563940.2381
ELEV. 700.33
0 20 40 60
how -
HORIZONTAL SCALE IN FEET
/
-
O�
N
-ii
R j
4
EXIST. 100" R.O.W.
OCi
EXIST, 100 O.O.W.
o
R O
...._............_..........._........_
i :.
........:.......:......... __._ .. .... ....
h
i
JJ
?
e ' !
ILO
`: S
!
J ! .._...
_.....
....... ..._.. ....... .__... ....... .._... .._... ..._..
...__ .....1.._..
......_.i.....
.. ....0
J
=
J ...-. .__ .._... __...
..-
2
rj
715 I
'
_
av
I +?
O
p
o l
dl
F- Q
Q
o :
K
m
O
O
O
UTILITIES IN PROJECT AREA. '
THERE ARE EXISTING AND/OR PROPOSED UT
71
h
O4
h
O I Iiz
w 'I
•�
h
w
0 I
I
Q�
Q�
O
O
APPROXIMATE
UTILITY INFORMATION SHOWN ON PLANS REPRESENTS A OXI
LOCATIONS OF EXISTING UTILITIES AND IS NOT NECESSARILY
I
VERIFYING
ALL-INCLUSIVE. CONTRACTOR SHALL BE RESPONSIBLE F OR ERIFY
_........__........._.........___...___............_....___
...............................
.__.....__.:.:....._.......-._..................
_ i ! ........_
...,... .. ..>..... ..................
i i
............
i _
i
.....
i.
..t..... ..
.._.
.._...
___..
...
....
._..,__..........}..... .. ....... -REQUIRED
....... _._... ... .....
EXACT LOCATIONS OF EXISTING UTILITIES AND SHALL BE
FURNISH &; INSTALL.
E
C
FURNISH do lN_TALL:
TO PROTECT UTILITIES TO AVOID DAMAGE.
710
710
1 12. R. :GATE: VA L uE
1-12" R.S. G4%
l/ALVE
PRIOR TO ANY EXCAVATION,
_
EXISTING
TEXAS811, LONE STAR 811 AND OTHERS AS REQUIRED TO
.
...._.
!._. .; .... _a. _ ._. ..... ........
... {"�...-•r'---.
_...
�--T
r _ ..- __ .. ..
.>. ..:_. >
_ -. ...�.
_
:
GRDUND LINE
.. _.. { �..
1
...
.. ....... ._
LOCATE EXISTING [JTILITIES.
ALSO CONTACT APPROPRIATE CITY
-\
,
S INSTALL:
CONTRACTOR SHALL
UTILITY DEPARTMENT FOR FIELD LOCATES OF MUNICIPAL
705
705 !
.
?
i
1 R:� 6A VALVE
2
INFRASTRUCTURE 48 HOURS PRIOR TO CONSTRUCTION.
INFRAS
2" -
w. o' �. N o. 7
i
700 ;
!
48 5'
S1.5'
STA.66+00 9t
520' S4 0
..............._.
ELEV;
FlELO VERIfY�
72 W
-_
_
..- ...... ... .__
1 .
.-.
.: _......
...._:_-.. .... .. ..._..
y
...
....._ _... _ ......_....._ ..
...
> .... .. _
_...
_
35 L.F. f,2 AWWA
695
695
12 ; W.L.
ON L72.09
?
C905. (CL 235) P..V.0
!
j
W EMBEDMENT BY i
WW
L 2 A. A C905
oP NCUT ':
E
_--
(CL
e '� w
120 LF 12 WATER LIN W ;24 STEEL ;
3
e
:
CL 2J5 PV..C. W
3
106 L.F. 2 HATER L✓NEW 24 S7EEZ
690
W EMBEDMENT 6Y
„
ENCASEMENT P/ 1 4 THICK WALL
PE (1 )
EMBEDMENT BYOPEN,CUI ,
„
ENCASEMENT PIPE J B THICK }PALL);
(
_ !
-J
^69O
h
i
I i
7
7
p
IN?
� J€ : C,
!� R N-UPEA-.CU%
'
N
atj
.i
h
W
h
Lh I ?
...._I�t:......
...._O..
V
._Q1 ........ ._.... ....._
_..... ....... .... ....... .._-_
685
o��
^
o�
o�
m =4�
685
?
N
Z �, In
s y
to
2 Z�
crl
N_
!h
In
N to
N Gl N V
j
Q
Q�
s•�
_-- -- _
64+00
_ : ._ _.:__ ._. _ _ . _ _ _...._.. _.--
- _._.._....___. . _: _-. �._ . .... . .. __-- : _.- _--
65+00
__ -._
66+00
_ __. _...
_ _ __
_ _ .. - _.-.. _.....__-- -.... .__.__.. _
67+00
__ ._ .
68+00
69+00
These plans and related specifications were
prepared for construction of this specific/f
project ony. Reuse of these of (e
not permitted without written authorization
of eirkhoff, Hendricks x Carter, LLP.
If this drawing is converted to an electronic
file, f any discrepancy occurs between the
electronic me and the 6rkhoff, Hendricks &
Carter, LLP. original document, the original
document will govern in all cases.
BIRKHOFF, HENDRICKS & CARTER, L.L.P.
PROFESSIONAL ENGINEERS
TBPE Firin No. 526; TBPLS Firm No. 10031800
11910 Greenville Ave., Suite 600
Dallas, Texas 75243 (214) 361-7900
SEaFTey )//
,; , j
* ':.* //++
cwvc ...cErtKNOFF
`• iosioz•.'e
9oT'</ o 'w
CENSEi�
FssIoNA`•E�c,� U�
CITY OF ANNA TEXAS -
7
W. FOSTER CROSSING ROAD WATER LINE
BHC
PROJECT NO.
2015-104
October 2015
SHEET NO.
p
O
WATER LINE PLAN & PROFILE
+ +19.6D
STA. 64 00 TO STA. 68
REVISED: 10/13/15 - KANDERSON H:\Projects\Anna\2015104 W. Foster Crossing Road Water Line\Sheets\2015104 WL PP14.dwg PLOT SCALE: 1:2 PLOT STYLE: 11xI7.ctb PLOTTED BY: KANDERSON ON 10/14/2015
M,
2•-6`
' CARRIER PIPE SEE NOTES
PLASTIC SPACERS PIPE BELL PFT
STEEL ENCASEMENT PIPE
57M ENCASEMENT
AS INDICATED IN PLANS 2° 6"
_oiecnr canrcnc
12• 12" 1 CARRIER PIPE
PIPE
ELEVATION (nP. AT EA 101NF)
ENCASED BORE
NO SCALE
NOTES.
7. PREFABRICATED SPACERS MUST BE APPROVED BY 1H£ OWNER.
PIPE SPACERS SHALL BE PVC FUSION COATED STEEL SPACERS
WITH A MINIMUM 11 " BAND (RES7R4116D) AS MANUFACTURED BY
PSI OR APPROVED EOLIAL.
2. PIPE SPACER SELECTED BY CONTRACTOR SHALL PROVIDE SUPPORT
UNDER CARRIER PIPE WITH MINIMUM 1 " CLEAR SPACE, MAX
1-112" CLEAR SPACE BETWEEN PIPE O.D. AND INSIDE STEEL
ENCASEMENT PIPE.
J. ENDS OF ENCASEMENT PIPE SHAII BE PLUGGED WT/TI MODULAR
SEAL VNK SEAL " OR APPROVED EQUAL.
PRESSURE GROUT AREA BETWEEN ENCASEMENT PIPE AND OVERCUT
BORE HOLE.
5. S7E£L ENCASEMENT PIPE SHALL BE COATED INS/DE AA'D OUTSIDE
PER THE TECHNICAL SPEC/f7CATTONS
CARRIER PIPE
CASING PIPE
Contents to be handled
Water
Outside diameter
16.13"
22.63'
Pipe Material
PVC
Steel
Specifications and grade
AWWA C-900, DR-18
ASTM-A36
Wail thickness
.73"
.38"
Actual working pressure
150
N/A
Type of joint
Restrained
Welded Joint
Coating
N/A
Asphalt Varnish
Method of installation
In Encasement
By Bore
Vents: Number 0 Size: N/A
Height above ground: N/A
Seals: Both ends: Yes One end:
Type: Brick/Mortar
Bury: Base of rail to top of casing: 12
ft. 10 in.
Bury: (Not beneath tracks) 5
ft. 7 in.
Bury: (Roadway ditches) N/A
ft, in.
Type, size and spacing of insulators or supports:
Distance C.L. track to face of jacking/receiving
pits 52 ft.
0 in.
Bury: Base of rail to bottom jacking/receiving
its: 15 ft.
10 in.
Cathodicprotection: Yes No
Cathodic Protection Procedure: N/A
These plans and related specifications were
�PZEGFTE)
CITY OF ANNq TEXAS
BHC
prepared for construction of this speck
Project only. Renee of these doal=tnt is
BIRKHOFF HENDRICKS & CARTER L.L.P.*;`
y;- -qs
[
ROAD WATER LINE
PROJECT NO.
SHEET NO.
nat permitted without written authorization
of Birkholf, Hendricks do Carter, L.LP, If
PROFESSIONAL ENGINEERS
,; .:;
...................................
W. FOSTER CROSSING
2015-104
this drawing is converted to an electronic
file, if any discrepancy occurs between the
TBPE Firm No. 526; TBPLS Firm No. 10031800
CRAIG M. KERIaiOFF
•.-••-•........................
-o9''•.< 061020.
��
electronic file and the 6rkhoff, Hendricks @
document, original
11910 Greenville Ave., Suite 600
e
�Fs
DART DETAILS
October 2015
doocueme t wll gwem cas—
Dallas, Texas 75243 214) 361-7900
(
ENS
°...AL
SfONAI. ECG
REVISED: 10/14/15 — KANDERSON H:\Projects\Anno\2015104 W. Foster Crossing Road Water Lane\Sheets\2015104 Misc Details.dwg PLOT SCALE: 1:2 PLOT STYLE: llxl7.ctb PLOTTED BY: KANDERSON ON 10/14/2015
AGREEMENT NO.
LICENSE AGREEMENT
THIS Agreement ("License"), is made by and between DALLAS AREA RAPID TRANSIT
("Licensor"), a regional transportation authority, created, organized and existing pursuant to Chapter 452,
Texas Transportation Code, as amended (the "Act") and City of Anna ("Licensee"), a Texas Municipal
corporation acting herein by and through its duly authorized official, whose mailing address is II1.-
Powell Parkway, Anna, Texas 75409.
Pursuant to an agreement between Licensor and Dallas, Garland and Northeastern Railroad
Company, (hereinafter the "Railroad"), freight railroad operations exist on Licensor's corridor.
1. Purpose. Licensor hereby grants a license (the "License") to Licensee for the purposes of
constructing, installing, maintaining and operating one 12-inch waterline with a 24-inch steel casing that
will be located in the County Road 421 Public Right of Way near the intersection of S.H. 5 and West
Foster Crossing Road (the "Permitted Improvement") crossing the North Sherman Line at Mile Post
305.53, (Latitude: 33 degrees 19'14.37"N, Longitude: 96 degrees 33'23.28"W) in Anna, Collin
County, Texas, more particularly described as shown in Exhibits "A" and `B", attached hereto and
incorporated herein for all pertinent purposes, (the "Property").
The Property shall be used by Licensee solely for the purpose of operating and maintaining the
Permitted Improvement (the "Permitted Use"), Licensee's right to enter upon and use the Property shall
be limited solely to the Permitted Use and the Permitted Improvement.
2. Term. This License shall begin on the lst day of March, 2016 (the "Term") and continue thereafter
until terminated by either party as provided herein.
3. Consideration. The consideration for the granting of this License shall be (a) TEN AND NO/100
($10.00) DOLLARS cash in hand paid by Licensee to Licensor, the sufficiency and receipt, of which is
hereby acknowledged, and (b) the faithful performance by Licensee of all of the covenants and
agreements undertaken by Licensee in this License.
4. Non Exclusive License. This License is non-exclusive and is subject to (a) any existing utility,
drainage or communication facility located in; on, under, or upon the Property owned by Licensor, any
Railroad, utility, or communication company, public or private; (b) all vested rights presently owned by
any Railroad, utility or communication company, located within the boundaries of the Property; and (c)
any existing lease, license or other interest in the Property granted by Licensor to any individual,
corporation or other entity, public or private.
5. Design, Construction, Operation and Maintenance. Licensor's use of the Property and adjoining
property may include the use of electrically powered equipment. Notwithstanding Licensor's inclusion
within its system of measures designed to reduce stray current which may cause corrosion, Licensee is
hereby warned that such measures may not prevent electrical current being present in proximity to
the Permitted Improvement and that such presence could produce corrosive effects to the
Permitted Improvement. Licensee waives any claim and releases Licensor with regard to any claim
arising from such corrosion.
5.01. All design, construction, reconstruction, replacement, removal, operation and maintenance
of the Permitted Improvement on the Property shall be done in such a manner so as not to interfere in any
way with the operations of Licensor or other Railroad operations. In particular, cathodic protection or
other stray current corrosion control measures of the Permitted Improvement as required shall be made a
part of the design and construction of the Permitted Improvement.
Page 1 of 5
West Foster Crossing
12-inch Waterline
ED
Mile Post 305.53
5.02. During the design phase and prior to commencing any construction on the Property, a copy
of the construction plans showing the exact location, type and depth of the construction, any cathodic
protection measures and any working area, shall be submitted for written approval to Licensor and
Railroad. Such approval shall not be unreasonably withheld. No work shall commence until said plans
have been approved by Licensor.
5.03. Licensee agrees to design, construct and maintain the Permitted Improvement in csi
manner so as not to create a hazard to the use of the Property, and further agrees to pay any damages
which may arise by reason of Licensee's use of the Property.
5.04. Licensee covenants and agrees to institute and maintain a reasonable testing program to
determine whether or not additional cathodic protection of its Permitted Improvement is necessary and if -
it is or should become necessary, such protection shall be immediately instituted by Licensee at its sole ;
cost and expense. v4r
5.05. Licensor makes no warranty regarding subsurface installations on the Property.
Licensee shall conduct its own inspection of same and will not rely on the absence or presence of
markers.
5.06. Licensee shall provide to Licensor final construction drawings ("as-builts") that are
signed and sealed by a Texas Professional Engineer within sixty ("60") days of completion of the
project or a $100.00 fee per month will be assessed until they are received.
6. Governmental Approvals. Licensee, at its sole cost and expense, shall be responsible for and shall
obtain, any and all licenses, permits, or other approvals from any and all governmental agencies, federal,
state or local, required to carry on any activity permitted herein.
7. Licensor's Standard Contract and Insurance. No work on the Property shall be commenced by
Licensee or any contractor for Licensee until such Licensee or contractor shall have executed Licensor 's
Construction Agreement and Contractor's Right of Entry covering such work, and has furnished
insurance coverage in such amounts and types as shall be satisfactory to Licensor. A company -issued
photo identification of Licensee's employees, contractors or agents shall be required to work on the
Property. 0
8. Duty of Care in Construction. Licensee or its contractor shall use reasonable care during the
construction period and thereafter, to avoid damaging any existing buildings, equipment and vegetation
on or about the Property and any adjacent property owned by or under the control of Licensor. If the
Licensee or its contractor causes damage to the Property or any adjacent property, the Licensee and/or its
contractor shall immediately replace or repair the damage at no cost or expense to Licensor. If Licensee
or its contractor fails or refuses to make or effect any such repair or replacement, Licensor shall have the
right, but not the obligation, to make or effect any such repair or replacement at the sole cost and expense
of Licensee, which cost and expense Licensee agrees to pay to Licensor upon demand.
9. Environmental Protection.
9.01. Licensee shall not use or permit the use of the Property for any purpose that may be in
violation of any local, state or federal laws pertaining to health or the environment, including but not
limited to, the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"),
the Resource Conservation and Recovery Act ("RCRA"), the Clean Water Act ("CWA") and the Clean
Air Act ("CAA").
Page 2 of 5
West Foster Crossing
12-inch Waterline
ED
Mile Post 305.53
9.02. Licensee warrants that the Permitted Use of the Property will not result in the disposal or
other release of any hazardous substance or solid waste on or to the Property, and that it will take all steps
necessary to ensure that no such hazardous substance or solid waste will ever be discharged onto the
Property by Licensee or its Contractors.
9.03. The terms "hazardous substance" and "release" shall have the meanings specified in
CERCLA and the terms "solid waste" and "disposal" (or "disposed") shall have the meanings specified in
the RCRA; PROVIDED, HOWEVER, that in the event either CERCLA or RCRA is amended so as to
broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the
effective date of such amendment; and PROVIDED FURTHER, that to the extent that the laws of the
State of Texas establish a meaning for "hazardous substance", "release", "solid waste", or "disposal", .
which is broader than that specified in either CERCLA or RCRA, such broader meaning shall apply.
9.04. Licensee shall indemnify, defend and hold Licensor and Railroad harmless against all
cost of environmental clean up to the Property resulting from Licensee's use of the Property under
this License.
10. Mechanic's Liens Not Permitted. Licensee shall fully pay for all labor and materials used in, on, or
about the Property and will not permit or suffer any mechanic's or materialmen's liens of any nature to be
affixed against the Property by reason of any work done or materials to the Property at
Licensee's instance or request.
11. Maintenance of Completed Improvements. The Permitted Improvement shall be maintained by
the Licensee in such a manner as to keep the Property in a good and safe condition with respect to
Licensee's use. In the event the Licensee fails to maintain the Property as required, upon discovery,
Licensor shall notify Licensee of such occurrence in writing. In the event Licensee shall not have
remedied the failure within ten (10) days from the date of such notice, Licensor shall have the right, but
not the obligation to remedy such failure at the sole cost and expense of Licensee. In the event Licensor
exercises its right to remedy Licensee's failure, Licensee agrees to immediately pay to Licensor all costs
incurred by Licensor upon demand.
12. Future Use by Insor.
12.01. This License is made expressly subject and subordinate to the right of Licensor to use the
Property for any purpose whatsoever.
12.02. In the event that Licensor shall, at any time subsequent to the date of this License, at its
sole discretion, determine that the relocation of the Permitted Improvement shall be necessary or
convenient for Licensor 's use of the Property, Licensee shall, at its sole cost and expense relocate said
Permitted Improvement so as not to interfere with Licensor 's or Licensor 's assigns use of the Property.
In this regard, Licensor may, but is not obligated to, designate other property for the relocation of the
Permitted Improvement. Licensor shall give a minimum of thirty (30) days written notice of any required
relocation. Licensee shall promptly commence to make the required changes thereafter and shall
diligently complete the relocation as required within a reasonable period.
13. Relocation Benefits. The parties hereto agree that the construction of the Permitted Improvement on
the Property shall be subsequent to the acquisition of the Property by Licensor and that Licensee does
hereby waive any and all claim that it may have under the Act, or otherwise, regarding the payment of
any and all relocation benefits and that all costs associated with any relocation of such Improvements
shall be borne by Licensee.
Page 3 of 5
West Foster Crossing
12-inch Waterline
ED
Mile Post 305.53
14. Duration of License. This License shall terminate and be of no further force and effect (a) in the
event Licensee shall discontinue or abandon the use of the Permitted Improvement; (b) in the event
Licensee shall relocate the Permitted Improvement from the Property; (c) upon termination in accordance
with paragraph 19 of this License, whichever event first occurs.
15. Compliance With Laws and Regulations. Licensee agrees to abide by and be governed by all
laws, ordinances and regulations of any and all governmental entities having jurisdiction over the
Licensee and by railroad regulations, policies and operating procedures established by the
Railroad, or other applicable railroad regulating bodies, and Licensee agrees to indemnify and hold
Licensor harmless from any failure to so abide and all actions resulting therefrom.
1"EiLs
16. Indemnification. Licensee shall at all times protect, indemnify, defend and hold Licensor and
the Railroad harmless against and from any and all loss, cost, damage or expense, including
attorney's fees and including, without limitation, claims of negligence, arising out of this License
(including by example and not limitation, Licensee's acts or failure to act hereunder), Licensee's
use in any way of the Property, or arising from any accident or other occurrence on or about the
Property, resulting in personal injury, death, or property damage, except to the extent fault is
judicially determined against Licensor. W
17. Termination of License. At such time as this License may be terminated or canceled for any reason
whatsoever, Licensee, upon request by Licensor, shall remove all improvements and appurtenances
owned by it, situated in, on, under or attached to the Property, regardless of whether or not such
improvements were placed thereon by Licensee, and shall restore the Property to a condition satisfactory
to Licensor, at Licensee's sole expense.
18. Assignment. Licensee shall not assign or transfer its rights under this License in whole or in part, or
permit any other person or entity to use the License hereby granted without the prior written consent of
Licensor which Licensor is under no obligation to grant.
19. Methods of Termination. This License may be terminated in either of the following ways:
19.01. By written agreement of both parties; or
19.02. By either party giving the other party thirty (30) days written notice.
20. Miscellaneous. V
20.01. Notice. When notice is permitted or required by this License, it shall be in writing and
shall be deemed delivered when delivered in person or when placed, postage prepaid, in the U.S. Mail,
Certified, Return Receipt Requested, and addressed to the parties at the following addresses:
LICENSOR: Dallas Area Rapid Transit OR
1401 Pacific Avenue
Dallas, Texas 75202-7210
ATTN: Railroad Management
LICENSEE:
City of Anna
111 N. Powell Parkway
Anna, TX 75409
Page 4 of 5
West Foster Crossing
12-inch Waterline
ED
P. O. Box 660163
Dallas, Texas 75266-7210
Mile Post 305.53
Either party may from time to time designate another and different address for receipt of notice
by giving written notice of such change of address.
20.02. Governing Law. This License shall be construed under and in accordance with the laws
of the State of Texas.
20.03. Entirety and Amendments. This License embodies the entire agreement between the
parties and supersedes all prior agreements and understandings, if any, relating to the Property and the
matters addressed herein, and may be amended or supplemented only by a written instrument executed by
the party against whom enforcement is sought.
20.04. Parties Bound. This License shall be binding upon and inure to the benefit of the
executing parties and their respective heirs, personal representatives, successors and assigns.
20.05. Number and Gender. Words of any gender used in this License shall be held and
construed to include any other gender; and words in the singular shall include the plural and vice versa,
unless the text clearly requires otherwise.
20.06. No Joint Enterprise. The parties do not intend that this License be construed as finding
that the parties have formed a joint enterprise. The purposes for which each party has entered into this
License are separate and distinct. It is not the intent of any of the parties that a joint enterprise
relationship is being entered into and the parties hereto specifically disclaim such relationship. This
License does not constitute a joint enterprise, as there are no common pecuniary interests, no common
purpose and no equal right of control among the parties hereto.
20.07. Counterparts. The parties may execute this Agreement in multiple originals and when
taken together, those originals constitute a whole.
IN WITNESS WHEREOF, the parties have executed this License on the date last signed.
LICENSOR:
West Foster Crossing
12-inch Waterline
ED
a
=A
DALLAS AREA RAPID TRANSIT
BY:
Date:
MAUREEN MCCOLE
Vice President, Commuter Rail
& Railroad Management
hL0
Printed Name: Philip Sanders
Title: City Manager
Date:
Page 5 of 5
Mile Post 305.53
jU
N 7168976.1838
J. KEVIN & LISA L.
KENNEDY
N 7168961.3505
E 2561910.0337
DOC. NO.
E 2561876.6505
F.I. STA. 64-k9l.79
19940318000262320
P.I. STA. 64+55.26
d = 424500"RT
D.R.C.C.T.
A -- 243022" LT
FURNISH & INSTALL:
Do,
(REMAINING 54.256 AC.
FURNISH & INSTALL:
1-12" 45' BEND
R.O.W
FROM CALLED 55.56 AC.)
I - 12 " 22.5* BEND
PULL PIPE
tot
PULL PIPE
1-12- R.S. G47F VALVE (EAST)
STA. 64-k96.79 TO STA. 66+16.79
120 L. F 12" WATER LINE W1 24' STEEL
-7 /
CK
ENCASEMENT PIPE (114" T"IWALL)
"C '
LID CONSTRUCTION
I
TEMPORARY 20'
ESUT
G.W,,
j
BY 07HER THAN OPEN CUT
0r-
)0
_ U.C.M
G.W.
is
+
.4-
PROPOSED 20'
CD
WATER LINE ESUT.
04
L'i
LLI
00 z
:3
SIGN
WARNING
OVERHEAD
OD
G.W. G.W.
U. G.W.
(0
UEC
U 'P,
G.W.
ELECTRICAL LINE STOP
IN VICINITY OF SIGN
STA. 64+64± THR
STA. 65+00±
N 7168961.4009
E 2561871.3950
STA. 64+50.00
y " .
FURNISH & INSTALL:
0
1- 12 `r6" TEE
1-6' R.S. GATE VALVE
z C3
z
1-STD. FIRE HYDRANT
13
5 L.F 6' W.L.
SIGN
G.W. POLj'i G.W.
, 1 POLE
G.W. G.W.
f�
L T
CITY
ABST. 464
DAR.T. MILE POST I 11E, LTD.
xxxx.xx DOC. NO. 20030401000571970
VOL 5387, PG. 468
D.R.C.C.T.
0. (CALLED 39.9944 AC.)
U.P. 1 N 7168926.8607
E 2562210.4364
P.I. STA. 68*00.00
PROPOSED 12
> A = 9'15'00' LT.
WATER LINE FURNISH & INSTALL.:
1-12" 11'15' BEND
an f
car PULL PIPE
TEMPORARY 20'
T9 STA. 67*84.J6 STA. 66-b78.J6
CONSTRUCT/ON ESYT t W.V. 8 7168928. JJJ2
106 LF 12" WATER LINE W1 24' STEEL 2X2CONC
PROPOSED 20' W.V. E 2562220.3274
W T
f ENCASEMENT PIPE (J18- THICK WALL) 2X2CONC
W.M. WATER LINE ESUT BY OTHER THAN OFSV CUT r F.H. PZ ST4. 68410-00
A = 22589"RT
FURNISH & 4INSTALL:
2X2CONCt
1-12" 22*30' BSNO
t PULL PIPE
SIGN
WARNING RR
WARNING
OVERHEAD I OVERHEAD D
L
Rj� ELECTFifIR(CA �L LINE
IN VICINITY OF
VICINITY
, 8:L
SIGN STA 66+28±
EXIST. 24' CLASS
150 WATER LINE
TESTAMENTARY TRUST
ES
C/O ADDISON WILSON III
DOC- NO. 2009121500149735
D.R.C.C.T.
(CALLED 25.08 AC.)
_�
�67*
TEMPORARY 20'
6800 CONSTRUCTION ESUF
SIGN
RR
Z7- - -- - -- -
ABST. 798
ABST 331
(-N=7168918.7309 ABST. 33
0
C.R. 421
E=2562036.7684
6
N 7168925,9269
E 2562229,6235
N 7168929.0716
-1
STA. 68+19,60
E 256204&4809
END 12" WATER LINE
RZ STA 66*J8.0 SIGN
CONNECT TO EXIST.
A = 18*00'39' LT. RR
W.V� 24'AWWA C905 PVC
FURNISH & INSTALL:
HARLAN PROPERTIES, INC.
H.
NO. 20121228001650300
FIELD VERIFY LOCATION
1-12' 22'JD' BEND
D.R.C.C.T.
FURNISH & INSTALL:
PULL PIPE
(CALLED 360.545 AC.)
1-24'x12' TAPPING SLEEVE
12' R.S. GATE VALVEW.V.
(EAST)
r 2X2CONC
V
1-12` R.S. GATE VALVE
I
Jlb K1w@h"ekw
Call bdw-- you ft
'V DENOTES TREE REMOVAL
BENCHMARK RAILROAD SPIKE
N 7168913.6752
E 2561633.8560
ELEV, 711.94
BENCHMARK MAG NAIL
N 7168883.2440
E 2563940.2381
ELEV. 700.33
0 20 4.0 60
HORIZONTAL SCALE IN FEET
"a
........... .. ...... . ..
1
EXIST. I DO-z R.O.W.
. .. .......
EXIST! 100P.O.W.
'
531
.......... . ........... ............
ILO
a
...... . ...
Ci
715
1a?
I
6
THERE ARE EXISTING AND/OR PROPOSED UTILITIES IN PROJECT AREA.
715
'o�
QIE
UTILITY INFORMATION SHOWN ON PLANS REPRESENTS APPROXIMATE
HALL B
ALL-INCLUSIVE. CONTRACTOR ERIFY
OR S
... . ..
................. ...........
..... ........ ... ...... . ............. ... ...... ........
.......
. ...... ......
. .
.............
.... .......... . ...... . ..........
...........
.... ..........
EXACT LOCATIONS OF EXISTrNG UTILITIES AND SHALL BE REQUIRED
4
RNIVISH &iIASTALL:
FURNISH 4 INSrALL:
TO PROTECT UTILITIES TO AVOID DAMAGE.
710
710
1
12�' R.S. VALVE,
rl-- 7,;r R. K GCF.
VALVE
PRIOR TO ANY EXCAVATION CONTRACTOR SHALL CONTACT
... ....... . .... ... i
TE TAR 811 AN OTHERS AS REQUIRED TO
...
..........
.............
............
.....
........... .......... ..........
LOCATE EXISTING UTILITIES.GROLINDILINE
ALSO CONTACT APPROPRIATE CITY
-
- --------
&I INSTALL:
CONTRACTOR SHALL
ES OF MUNICIPAL
UTILITY DEPARTMENT FOR FIELD LOCATES
705
705
12" R.S. i Z5 �V& VE
INFRASTRUCTURE 48 HOURS PRIOR TO CONSTRUCTION.
12' Wj. 0Aj -0. �7
2Z
...... ........
.............. .
. ................
...
. .......
... . . .......
...........
. . ........ _1 ...........
..........
700
'51
5:
STA.. 66+0(191:
152. 01
pf/ - ox i
1
700
FIELD VERIFY
1.�+`r WL
T
....... ......
. ........
........ .. .
...... -
. ......... .
..
... .........
ON;-0.
................
J5 Z.F t�2 AWNA
695
695
12 W.L.ON
72.
C905 235 F VC.
Y W/! aepyw 8 1
.......
9?1..L-.F U C905
...
........
.......
.......... ...................
...
... ......
....
A+ WA +,5 ..
'2. 0
.. ... .......
. .............. . ......... .... . ......... ...........
..... .
......
i OPEN; CUT 1
. . ...... J
..........
I`CL A V+a,
120 Lif 121* WATER LINF WI�24' Am
5) P. V C.
106 L.F 12 &W W1 24 S
HA
690
W1 EMBEDMENT BY
NCASEMENT PIPIF (114" THICK L)
Ey8j-vmENr BY". VPEM CU7
RPE NICK
T ENC45EMENT FYPf
C6 -1 Or,
BY 77fAN Ufth' �UUI
�2
214.1
2
ZN
............ -
.............
atj
�ZY
of
........... .
............
.
.... .....
.
.........
...........
685
Q-
685
W.
�!l
'z
In
In
_Z Q�
ie
�!
Z'
-p
az
680
Lc.
cl:
V
LC
L': CC
680
64+00
....... .... ..... .........
65+00
66+00
. ............
...........
67+00
68+00
69+00
These plans and related specifications were
prepared for construction of this specific
project cm�. Re..e of these documents I.
not permitted without written authorization
f eirkhoff, Hendricks & Carter, L.LP.
If this drawing is converted to an electronic
file, if any discrepancy occurs between the
electronic file and the frirkhoff, Hendricks &
Carter LLP. original document, the original
document will govern in all cases.
BIRKHOFF, HENDRICKS & CARTER, 1L.L.P.
PROFESSIONAL ENGINEERS
TBPE Firm No. 526; TBPLS Finn No. 10031800
11910 Greenville Ave., Suite 600
Dallas, Texas 75243 (214) 361-7900
OF
..* /
..................
CRAIG M, KERKHOFF V
........ .. I.., ..................
-o 106102
p
0 -�/CeNS'�" W
CITY OF ANNA, TEXAS
W. FOSTER CROSSING ROAD WATER LINE
BHC
PROJECT NO.
2015-104
October 2015
SHEET NO.
18
WATER LINE PLAN & PROFILE
STA. 64+00 TO STA. 68+19.60
REVISED: 10/13/15 KANDERSON H.,\Projects\Anna\2015104 W. Foster Crossing Road Water Line\Sheets\2015104 WIL PP14.dwg PLOT SCALE: 1:2 PLOT STYLE: 11 x I 7.ctb PLOTTED BY. KANDERSON ON 10/14/2015
REVISED: 10/14/15 — KANDERSON
2'-6 LENGTH AS INDICATED IN PLANS 2 6"
6' MAA
CARRIER PIPE SEE NOTES PLAST/C SPACERS
I
PLASTIC SPACERS PIPE BELL
In
]I
STEEL INCASEMENT PIPE
12" U12- CARRIER PLF
57EIZ ENCASEMENT PIPE
ELEVATION (nP. A EA ✓DINT)
ENCASED BORE
NO SCALE
NOTES.
1. PREFABR/CITED SPACERS MUST BE APPROVED BY TH£ OWNER.
PIPE SPACERS SHALL BE PVC FUSION COATED STEEL SPACERS
WITH A M/NIMUM 11 " BAND (RESTRAINED) AS MANUFACTURED BY
PSI OR APPROVED EOLIAL.
2. PIPE SPACER SELECTED BY CONTRACTOR SNAIL PROV/D£ SUPPORT
UNDER CARRIER PIPE WITH MINIMUM I" CLEAR SPACE, MAX
1-112" CLEAR SPACE BETWEEN PIPE O.D. AND INSIDE STEEL
ENCASEMENT PIPE.
3 ENDS OF ENCASEMENT PIPE SHAII BE PLUGGED WTTFI MODULAR
SEAL VNA' SEAL " OR APPROVED EQUAL.
4 PRESSURE GROUT AREA BETWEEN ENCASEMENT PIPE AND OVERCUT
BORE HOLE.
5. STEEL ENCASEMENT PIPE SHALL BE COATED INS/D£ AND OUTS10£
PER THE TECHNIC4L SPEC/F7CATLONS
CARRIER PIPE
CASING PIPE
Contents to be handled
Water
Outside diameter
16.13"
22.63"
Pipe Material
PVC
Steel
Specifications and grade
AWWA C-900, DR-18
ASTM-A36
Wall thickness
.73"
.38"
Actual working pressure
150
N/A
Type of joint
Restrained
Welded Joint
Coating
N/A
Asphalt Varnish
Method of installation
In Encasement
By Bore
Vents: Number 0 Size: N/A
Height above ground: N/A
Seals: Both ends: Yes One end:
Type: Brick/Mortar
Bury: Base of rail to top of casing: 12
ft. 10 in.
Bury: (Not beneath tracks) 5
ft. 7 in.
Bury: (Roadway ditches) N/A
ft, in.
Type, size and spacing of insulators or supports:
Distance C.L. track to face of jacking/receiving
pits 52 ft.
0 in.
Bury: Base of rail to bottom jacking/receiving
its: 15 ft.
10 in.
Cathodic protection: Yes No
Cathodic Protection Procedure: N/A
These plans and related specifications were
prepared for construction of this speck
protect only. Reuse of these docamatLs is
BIRKHOFF HENDRICKS &CARTER L.L.P.
,tp<E OF rE}4
e;' s
•,.
i
not permitted without written
.;'
.;
✓//J
r. L.Lzotlon
of Birkhoff. Hendricks do Carter, t.LP. H
PROFESSIONAL ENGINEERS
-i_
- CRAIG M.•KErii
We drawing is converted to an electronic
TBPE Firm No. 526; TBPLS Firm No. 10031800
HOFF
---•---------------
file, if any discrepancy occurs between the
electronic file and the 6rkhoff, Hendricks @
Carter, LLP. document, the
11910 Greenville Ave., Suite 600
i 106102 :a:
oENse:vd
pl
original original
document will n II
Dallas, Texas 75243 214 361-7900
�
FS
SfONAL E� \
I I lr
govern
H:\Projects\Anna\2015104 W. Foster Crossing Road Water Lane\Sheets\2015104 Misc Details.dwg PLOT SCALE: 1:2 PLOT STYLE: llxl7.ctb PLOTTED BY: KANDERSON ON 10/14/2015
CITY OF ANNA, TEXAS
W. FOSTER CROSSING ROAD WATER LINE
DART DETAILS
BHC
PROJECT NO. I SHEET NO.
2015-104
October 2015 23
CITY OF ANNA, TEXAS
Item No. 5d
City Secretary's use only
City Council Agenda
Staff Report
Meeting Date: April 12, 2016
Staff Contact: Joseph Johnson
Exhibits: Attached.
AGENDA SUBJECT:
Approve a Resolution approving a license agreement with Dallas Area Rapid
Transit (DART) allowing for the construction of the Camden Parc Sewer Line
Project within DART right-of-way. (Joseph Johnson)
SUMMARY:
The Camden Parc Sewer Line Project will cross DART right-of-way within County
Road 376/1-indsey Lane right-of-way. In order to construct and maintain the water
line within the railroad right-of-way DART requires the City to execute a license
agreement outlining specific requirements for the construction and maintenance
of the infrastructure within DART right-of-way. Because the line will cross within
the County Road 376/1-indsey Lane right-of-way there is no cost associated with
the license agreement.
STAFF RECOMMENDATION:
Staff recommends approval of this item.
City Secretary-1 - Staff Report - DART Agreement - Camden Parc Sewer Line - 4-12-16
CITY OF ANNA, TEXAS
RESOLUTION NO. 2016-04-
(DART License Agreement — Camden Parc Sewer Line)
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A LICENSE AGREEMENT
BETWEEN DALLAS AREA RAPID TRANSIT ("LICENSOR") AND THE CITY OF ANNA,
TEXAS ("LICENSEE") TO ALLOW FOR THE CONSTRUCTION AND MAINTENANCE OF
THE CAMDEN PARC SEWER LINE PROJECT WITHIN LICENSOR'S RIGHT-OF-WAY.
WHEREAS, Licensor owns certain railroad right-of-way within the city limits of the Licensee;
and
WHEREAS, Licensor has a Trackage Rights Agreement with Dallas, Garland & Northeastern
Railroad (the "Railroad"), whereby the Railroad is responsible for certain maintenance of
existing at -grade rail crossings; and
WHEREAS, there is an existing public road known as County Road 376/Lindsey Lane that
crosses Licensor's Sherman Line railroad right-of-way near Mile Post 309.40; and
WHEREAS, Licensee proposes to construct and maintain a 8-inch sewer line within the
public right-of-way of County Road 376/Lindsey Lane, crossing under the railroad right-of-
way, in accordance with Licensor's and Railroad's standards;
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 License Agreement.
The City Council of the City of Anna, Texas hereby approves the License Agreement
attached hereto as Exhibit 1, and authorizes, ratifies and approves the City Manager's
execution of same. The City Manager is hereby authorized to execute all documents and to
take all other actions necessary to finalize, act under, and enforce the Agreement.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the 12t"
day of April, 2016.
ATTEST:
APPROVED:
Carrie L. Smith, City Secretary Mike Crist, Mayor
Resolution 2016-04-
DART License Agreement - Camden Parc Sewer Line
PAGE 1 OF 1
AGREEMENT NO.
THIS Agreement ("License"), is made by and between DALLAS AREA RAPID TRANSIT
("Licensor"), a regional transportation authority, created, organized and existing pursuant to Chapter 452,
Texas Transportation Code, as amended (the "Act") and City of Anna ("Licensee"), a Texas municipality
acting herein by and through its duly authorized official, whose mailing address is P.O. Box 776, Anna,
Texas 75409-0776.,.i.
Pursuant to an agreement between Licensor and Dallas, Garland and Northeastern Railroad
Company, (hereinafter the "Railroad"), freight railroad operations exist on Licensor's corridor.
1. Purpose. Licensor hereby grants a license (the "License") to Licensee for the purposes of constructing,
installing, maintaining and operating one 8" PVC sanitary sewer main encased in a 20" steel casing (the
"Permitted Improvement") crossing North Sherman Branch Line under Lindsey Lane(County Road 376)
public right of way near the intersection with Texas State Highway 5 at Mile Post 309.40, (Latitude:
33.3749N, Longitude: 96.5528 W) in Anna, Collin County, Texas, more particularly described as shown
in Exhibit "A", dated February 8, 2016, attached hereto and incorporated herein for all pertinent purposes,
(the "Property").
The Property shall be used by Licensee solely for the purpose of operating and maintaining the
Permitted Improvement (the "Permitted Use"). Licensee's right to enter upon and use the Property shall
be limited solely to the Permitted Use and the Permitted Improvement.
2. Term. This License shall begin on the lst day of May 2016 (the "Term") and continue thereafter
until terminated by either party as provided herein.
3. Consideration. The consideration for the granting of this License shall be (a) TEN AND NO/100
($10.00) DOLLARS cash in hand paid by Licensee to Licensor, the sufficiency and receipt, of which is
hereby acknowledged, and (b) the faithful performance by Licensee of all of the covenants and
agreements undertaken by Licensee in this License
4. Non Exclusive License. This License is non-exclusive and is subject to (a) any existing utility,
drainage or communication facility located in, on, under, or upon the Property owned by Licensor, any
Railroad, utility, or communication company, public or private; (b) all vested rights presently owned by
any Railroad, utility or communication company, located within the boundaries of the Property; and (c)
any existing lease, license or other interest in the Property granted by Licensor to any individual,
corporation or other entity, public or private.
5. Design, Construction, Operation and Maintenance. Licensor's use of the Property and adjoining
property may include the use of electrically powered equipment. Notwithstanding Licensor's inclusion
within its system of measures designed to reduce stray current which may cause corrosion, Licensee is
hereby warned that such measures may not prevent electrical current being present in proximity to
the Permitted Improvement and that such presence could produce corrosive effects to the
Permitted Improvement. Licensee waives any claim and releases Licensor with regard to any claim
arising from such corrosion.
CR 376 1 of 6 Mile Post 309.40
Sanitary Sewer (Rev 3/12/2014)
5.01. All design, construction, reconstruction, replacement, removal, operation and maintenance
of the Permitted Improvement on the Property shall be done in such a manner so as not to interfere in any
way with the operations of Licensor or other Railroad operations. In particular, cathodic protection or
other stray current corrosion control measures of the Permitted Improvement as required shall be made a
part of the design and construction of the Permitted Improvement.
5.02. During the design phase and prior to commencing any construction on the Property, a copy
of the construction plans showing the exact location, type and depth of the construction, any cathodic
protection measures and any working area, shall be submitted for written approval to Licensor and
Railroad. Such approval shall not be unreasonably withheld. No work shall commence until said plans
have been approved by Licensor. 1*061 )
5.03. Licensee agrees to design, construct and maintain the Permitted Improvement in such a
manner so as not to create a hazard to the use of the Property, and further agrees to pay any damages
which may arise by reason of Licensee's use of the Property.
5.04. Licensee covenants and agrees to institute and maintain a reasonable testing program to
determine whether or not additional cathodic protection of its Permitted Improvement is necessary and if
it is or should become necessary, such protection shall be immediately instituted by Licensee at its sole
cost and expense.
5.05. Licensor makes no warranty regarding subsurface installations on the Property.
Licensee shall conduct its own inspection of same and will not rely on the absence or presence of
markers.
5.06. Licensee shall provide to Licensor final construction drawings ("as-builts") that are
signed and sealed by a Texas Professional Engineer within sixty ("60") days of completion of the
project or a $100.00 fee per month will be assessed until they are received.
6. Governmental Approvals. Licensee, at its sole cost and expense, shall be responsible for and shall
obtain, any and all licenses, permits, or other approvals from any and all governmental agencies, federal,
state or local, required to carry on any activity permitted herein.
7. Licensor's Standard Contract and Insurance. No work on the Property shall be commenced by
Licensee or any contractor for Licensee until such Licensee or contractor shall have executed Licensor 's
Construction Agreement and Contractor's Right of Entry covering such work, and has furnished
insurance coverage in such amounts and types as shall be satisfactory to Licensor. A company -issued
photo identification of Licensee's employees, contractors or agents shall be required to work on the
Property.
8. Duty of Care in Construction. Licensee or its contractor shall use reasonable care during the
construction period and thereafter, to avoid damaging any existing buildings, equipment and vegetation
on or about the Property and any adjacent property owned by or under the control of Licensor. If the
Licensee or its contractor causes damage to the Property or any adjacent property, the Licensee and/or its
contractor shall immediately replace or repair the damage at no cost or expense to Licensor. If Licensee
or its contractor fails or refuses to make or effect any such repair or replacement, Licensor shall have the
right, but not the obligation, to make or effect any such repair or replacement at the sole cost and expense
of Licensee, which cost and expense Licensee agrees to pay to Licensor upon demand.
CR 376 2 of 6 Mile Post 309.40
Sanitary Sewer (Rev 3/12/2014)
9. Environmental Protection.
9.01. Licensee shall not use or permit the use of the Property for any purpose that may be in
violation of any local, state or federal laws pertaining to health or the environment, including but not
limited to, the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"),
the Resource Conservation and Recovery Act ("RCRA"), the Clean Water Act ("CWA") and the Clean
Air Act ("CAA").
9.02. Licensee warrants that the Permitted Use of the Property will not result in the disposal or
other release of any hazardous substance or solid waste on or to the Property, and that it will take all steps
necessary to ensure that no such hazardous substance or solid waste will ever be discharged onto the
Property by Licensee or its Contractors.
9.03. The terms "hazardous substance" and "release" shall have the meanings specified in
CERCLA and the terms "solid waste" and "disposal" (or "disposed") shall have the meanings specified in
the RCRA; PROVIDED, HOWEVER, that in the event either CERCLA or RCRA is amended so as to
broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the
effective date of such amendment; and PROVIDED FURTHER, that to the extent that the laws of the
State of Texas establish a meaning for "hazardous substance", "release", "solid waste", or "disposal",
which is broader than that specified in either CERCLA or RCRA, such broader meaning shall apply.
9.04. Licensee shall indemnify, defend and hold Licensor and Railroad harmless against all
cost of environmental clean up to the Property resulting from Licensee's use of the Property under
this License.
10. Mechanic's Liens Not Permitted. Licensee shall fully pay for all labor and materials used in, on, or
about the Property and will not permit or suffer any mechanic's or materialmen's liens of any nature to be
affixed against the Property by reason of any work done or materials furnished to the Property at
Licensee's instance or request.
11. Maintenance of Completed Improvements. The Permitted Improvement shall be maintained by
the Licensee in such a manner as to keep the Property in a good and safe condition with respect to
Licensee's use. In the event the Licensee fails to maintain the Property as required, upon discovery,
Licensor shall notify Licensee of such occurrence in writing. In the event Licensee shall not have
remedied the failure within ten (10) days from the date of such notice, Licensor shall have the right, but
not the obligation to remedy such failure at the sole cost and expense of Licensee. In the event Licensor
exercises its right to remedy Licensee's failure, Licensee agrees to immediately pay to Licensor all costs
incurred by Licensor upon demand.
12. Future Use by Licensor.
12.01. This License is made expressly subject and subordinate to the right of Licensor to use the
Property for any purpose whatsoever.
12.02. In the event that Licensor shall, at any time subsequent to the date of this License, at its
sole discretion, determine that the relocation of the Permitted Improvement shall be necessary or
convenient for Licensor 's use of the Property, Licensee shall, at its sole cost and expense relocate said
Permitted Improvement so as not to interfere with Licensor 's or Licensor 's assigns use of the Property.
In this regard, Licensor may, but is not obligated to, designate other property for the relocation of the
Permitted Improvement. Licensor shall give a minimum of thirty (30) days written notice of any required
relocation. Licensee shall promptly commence to make the required changes thereafter and shall
diligently complete the relocation as required within a reasonable period.
CR 376 3 of 6 Mile Post 309.40
Sanitary Sewer (Rev 3/12/2014)
13. Relocation Benefits. The parties hereto agree that the construction of the Permitted Improvement on
the Property shall be subsequent to the acquisition of the Property by Licensor and that Licensee does
hereby waive any and all claim that it may have under the Act, or otherwise, regarding the payment of
any and all relocation benefits and that all costs associated with any relocation of such Improvements
shall be borne by Licensee. ,V_
14. Duration of License. This License shall terminate and be of no further force and effect (a) in the
event Licensee shall discontinue or abandon the use of the Permitted Improvement; (b) in the event
Licensee shall relocate the Permitted Improvement from the Property; (c) upon termination in accordance
with paragraph 19 of this License, whichever event first occurs.
15. Compliance With Laws and Regulations. Licensee agrees to abide by and be governed by all
laws, ordinances and regulations of any and all governmental entities having jurisdiction over the
Licensee and by railroad regulations, policies and operating procedures established by the
Railroad, or other applicable railroad regulating bodies, and Licensee agrees to indemnify and hold
Licensor harmless from any failure to so abide and all actions resulting therefrom.
16. Indemnification. Licensee shall at all times protect, indemnify, defend and hold Licensor and
the Railroad harmless against and from any and all loss, cost, damage or expense, including
attorney's fees and including, without limitation, claims of negligence, arising out of this License
(including by example and not limitation, Licensee's acts or failure to act hereunder), Licensee's
use in any way of the Property, or arising from any accident or other occurrence on or about the
Property, resulting in personal injury, death, or property damage, except to the extent fault is
judicially determined against Licensor.
17. Termination of License. At such time as this License may be terminated or canceled for any reason
whatsoever, Licensee, upon request by Licensor, shall remove all improvements and appurtenances
owned by it, situated in, on, under or attached to the Property, regardless of whether or not such
improvements were placed thereon by Licensee, and shall restore the Property to a condition satisfactory
to Licensor, at Licensee's sole expense.
18. Assignment. Licensee shall not assign or transfer its rights under this License in whole or in part, or
permit any other person or entity to use the License hereby granted without the prior written consent of
Licensor which Licensor is under no obligation to grant.
19. Methods of Termination. This License may be terminated in either of the following ways:
19.01. By written agreement of both parties; or
19.02. By either party giving the other party thirty (30) days written notice.
CR 376 4 of 6 Mile Post 309.40
Sanitary Sewer (Rev 3/12/2014)
20. Miscellaneous.
20.01. Notice. When notice is permitted or required by this License, it shall be in writing and
shall be deemed delivered when delivered in person or when placed, postage prepaid, in the U.S. Mail,
Certified, Return Receipt Requested, and addressed to the parties at the following addresses:
LICENSOR:
LICENSEE:
Dallas Area Rapid Transit
1401 Pacific Avenue
Dallas, Texas 75202-7210
ATTN: Railroad Management
City of Anna
P.O. Box 776
Anna, Texas 75409-0776
OR
P. O. Box 660163 'AA
Dallas, Texas 75266-7210
"gift& "40"
Either party may from time to time designate another and different address for receipt of notice
by giving written notice of such change of address. 10
20.02, Governing Law. This License shall be construed under and in accordance with the laws
of the State of Texas.
20.03. Entirety and Amendments. This License embodies the entire agreement between the
parties and supersedes all prior agreements and understandings, if any, relating to the Property and the
matters addressed herein, and may be amended or supplemented only by a written instrument executed by
the party against whom enforcement is sought.
20.04. Parties Bound. This License shall be binding upon and inure to the benefit of the
executing parties and their respective heirs, personal representatives, successors and assigns.
20.05. Number and Gender. Words of any gender used in this License shall be held and
construed to include any other gender; and words in the singular shall include the plural and vice versa,
unless the text clearly requires otherwise.
20.06. No Joint Enterprise. The parties do not intend that this License be construed as finding
that the parties have formed a joint enterprise. The purposes for which each party has entered into this
License are separate and distinct. It is not the intent of any of the parties that a joint enterprise
relationship is being entered into and the parties hereto specifically disclaim such relationship. This
License does not constitute a joint enterprise, as there are no common pecuniary interests, no common
purpose and no equal right of control among the parties hereto.
20.07. Counterparts. The parties may execute this Agreement in multiple originals and when
taken together, those originals constitute a whole.
CR 376 5 of 6 Mile Post 309.40
Sanitary Sewer (Rev 3/12/2014)
IN WITNESS WHEREOF, the parties have executed this License on the date last signed.
LICENSOR:
LICENSEE:
DALLAS AREA RAPID TRANSIT
MAUREEN MCCOLE
Vice President, Commuter
& Railroad Management
Date:
City of
Philip Sanders
CR 376 6 of 6
Sanitary Sewer (Rev 3/12/2014)
Mile Post 309.40
Exhibit A
n' n °ARx
Rnr. s• n
IRm
Awe
S
Q--
F
�,.
EW
PRw. e• FoncE NNN
w/ zv- uMNc
�J
N
F.M. Section 'A•A'
1
\
ilw �\ 4\yl
DOPsx.lem+oaY
DRGCT.
FQw EX 6TA:66+6
FL.737.36
E%. 10� PVC�.A -__-
K e y M B p
FORCE MAIN GENERAL NOTES
1. PROPOSED SANITARY SEWER FORCE 4AIN TOBE EIZCTRONICALLY
LOCAYED PEA ARENA 6.1L4
F ao.Pr.w __ _--- \\
�--- - - - - - - - - ---- - `
I 5tl� ���- SA7D
Stl•J -- \
SB MAIN \
svo
\ �• \\ L \
\ • °y `
1 PROPOSED GRPoFR -E PIPE AND J°XTS I COMPLY WIiH
1GSIXG
°;
°
1 PRO— •PINTS ro BE LEAK -PROOF AND CAPABLE OF
—STANDINC RAILROAD LOADING PER ARENA BB.14.u.
1 _ -' APPRp1L SiA 411ai
________ ___-�
\ 1
\\N
N
4. PROPOSED CASING PIPE INSIDE DIAMETER TO —FORK TO AROMA
q1___
1 weBAwAST SXDIMIX PFR
n D'� ���
\\ \
BS14.n
!, PROPOSED GONG THIC.NESS TO — ARENA 0114.D.
1
<� , C - Itz Lf. BY 01HEA THAN
'
1% SR B YIIE PISf
\ 7W.4D •\
B. ROPOSFD CONSTRUCDDN METHODS TO CONFORM TO AREIAA
PROD
]. IAOPSED CASING PIPE ro BE BE BURIED M1H MINIMUM COVER
PER ARE a0.112
N I YAnI w SRR G4NC PIPE w/
I NNINU4 wEID $1AENGM OP
I 1 .I ]5,000 PS1
\\
Ny°.wxt '\
w•°°�+-N
PIPE
B CASING PIPER DE PROTECTEDP—DE AINNaICORROSION ACCORDING
PRONGED IN Ba23A OF THE DART OE9a1
WI f. -°I-h
2r____
___ __ ___ _N. y—__—_
�\
ETO RIYERAR-RENEXR
B. LXE ENDS OF THE CASING PIPE SMALL BE eru ED WITH END
SEALS BY ADVANCE PROOUCR ! SY—S. INC. OR APPROVED
EQUAL
10. CONWRUCDON SHALL CONFORM TO ALL REDUIRENERTS FOR PIPE
��������t„-�
I1
u I Unf(Sey Lane (C.R. 376) G CmA v.ml
�—
\ CWSi. a' DA 1(N W
GSINGR AND SANITARY SEY.9t NMS AB SPEED IN THE DART
FA°U1Y DESIGN CRnERIA VDL 1. CHAPTER
11. MARKERS TO BE IXSTA PER DART FACTURES DEB GN
<4—•_._.-4tf Yb_. �._. _._._-.—.—._._.
__�\N �, Nropl U 1111///
MANUAL AANU 0eA.1,
-
••
1
3
tgl�SAi�
APQROR S1A ANDS FR(LLKJDp FORCE 4AINN \\ J� iL iS (W1}]JB11 \
RIY�]!BY
Mw p -U 0
INSiA11,MUtt 4ARNER A .�\N
N1ul) \
91BBALIAST SNdRDER PFR
k",-
F PR1-M
COATNG 01E, PRROAEO
DARIWEWANab)1R \
I Er
Fy \d7 D
NR¢
1 \\
11110 D4 w12' LYB [YAFWFNE
FRAM A S1DNE FRW IZ MC PPF i0
BE WAp lME INC. So1D lR' ABDw
AIL
NE %PE $ NCTLDL M1AR .WIC, DA5 •B�:
S' FOf
CE MAINAS—
tt
O�
b
71w
xu
_
.
OL
-
a
°
+
—
------
--
Im' DAILi.
•a-aAT
�y
-
_
wH1e Pa
F
N
RIa Yw
4
R-]4I.
2
!• ALA]
O
111 LP. BY DI
THAN
=
OPDI OR-
AE
_
u
I
�uN.nELD.sTrtHPPE
mwf
S
1-
i
JS,OOD
I
_
a
SOY L
E f N
a
ON
Inz
LF. C FM
(
1.OBz
OR-16 PRP.)
9N00 4" 41+ 4 a N+OD M+00 Ia+W
�o
Ww
O _
v
1 �cu
V
V
F
9ou°
wa c
o°a u
Ri
16
�a
P
'u
P
p 5OeO0 Nru
ACY4IDNS
DE_BjGN. CCM
➢RAVM CCM
DATE WNBRAta
StlICE
NOTES
FILE
aM.! 7 d 71
CITY OF ANNA, TEXAS
Item No. 5e
City Secretary's use only
City Council Agenda
Staff Report
Meetinq Date:
.staff rnntact-
Exhibits:
April 12, 2016
Joseph Johnson
Attached.
AGENDA SUBJECT:
Authorize solicitation of bids for the Throckmorton Creek Sewer Project. (Joseph
Johnson)
SUMMARY:
Staff is requesting Councils authorization to solicit bids for the Throckmorton
Creek Trunk Sewer Project. This project consists of 6,243 linear feet of 21"
sanitary sewer along Throckmorton Creek generally between Taylor Boulevard
and Foster Crossing Road. The project is consistent with the 2014 Wastewater
Capital Improvement Plan and is necessary to support continued growth in the
Throckmorton Creek Basin. The expected construction cost is $1,321,000. Funds
are available for this project in the Throckmorton Creek Interceptor Fund using
collected wastewater impact fees.
STAFF RECOMMENDATION:
Staff recommends approval of this item.
City Secretary-1 - Staff Report - Throckmorton Creek Trunk Sewer - Authorization to Bid - 4-12-16
BIRKHOFF, HENDRICKS & CARTER, L.L.P.
PROFESSIONAL ENGINEERS
Texas Firm F526
Client: CITY OF ANNA, TEXAS
Project: Throckmorton Creek Trunk Sewer Extension
County Road 366 (W. Foster Crossing) to County Road 367 (Taylor Blvd.)
Project No. 2014-144
Date: 6-Apr-16
ENGINEER'S OPINION OF CONSTRUCTION COST
By: C.M.K.
Item No.
Description
Quantity
Unit
Price
Amount
BASE BID
1
21-Inch P.V.C. Sanita Sewer by Open Cut with Embedment
5,583
L.F.
$ 90.00
$ 502,470.00
2
21-Inch P.V.C. Sanitary Sewer with 30" Steel Encasement Pipe (1/4"
Thick) by Other Than Open Cut
260
L.F.
$ 550.00
$ 143,000.00
3
21-Inch P.V.C. Sanitary Sewer with 30" Steel Encasement Pipe (3/8"
Thick) bl Other Than O en Cut
400
L.F.
$ 600.00
$ 240,000.00
4
Furnish & Install 5-Foot Dia. Manhole with Pressure Type Frame &
Cover (I 0-Foot Standard De th)
13
Ea.
$ 7,500.00
$ 97,500.00
5
Furnish & Install 5-Foot Dia. Manhole with Pressure Type Frame,
Cover & Vent (10-Foot Standard Depth)
4
Ea.
$ 12,000.00
$ 48,000.00
6
Furnish & Install 5-Foot Diameter Manhole with Exterior Drop and
Pressure Type Frame, Cover and Vent (I0-footStandard Depth)
3
Ea.
$ 12,500.00
$ 37,500.00
7
Repair and Connect to Existing Manhole with External Drop
Connection
1
Ea.
$ 10,000.00
$ 10,000.00
8
Connect to Existing Wet Well
1
Ea.
$ 5,000.00
$ 5,000.00
9
Furnish and Install 12-Inch P.V.C. Sanitary Sewer Stubout
20
L.F.
$ 200.00
$ 4,000.00
10
Remove and Replace Barbed Wire Fence
1,103
L.F.
$ 7.50
$ 8,272.50
11
Remove and Replace Chain Link Fence
26
L.F.
$ 10.00
$ 260.00
12
Furnish, Implement & Maintain Storm Water Pollution Prevention
Plan
1
L.S.
$ 5,000.00
$ 5,000.00
13
Design Trench Safety Plan
1
L.S.
$ 10,000.00
$ 10,000.00
14
Provide Trench Safety Systems
5,445
L.F.
$ 2.50
$ 13,612.50
15
Furnish, Im lement & Maintain Traffic Control Plan
1
L.S.
$ 2,500.00
$ 2,500.00
16
Furnish, Install & Maintain H dromulch Seeding
4
Ac.
$ 3,000.00
$ 12,000.00
17
Extra Depth Manhole over 20-feet
200
V.F.
$ 320.00
$ 64,000.00
18
Cement Stabilized Backfill
393
C.Y.
$ 100.00
$ 39,300.00
Subtotal: Base Bid
$ 1,242,415.00
J'\CLERICAL\Anna\2014-144 Throckmorton Creek Trunk Sewer\Specs\Tech-Spec\11-P&BS-2 xlsx Page I of 2
BIRKHOFF, HENDRICKS & CARTER, L.L.P.
PROFESSIONAL ENGINEERS
Texas Firm F526
Client: CITY OF ANNA. TEXAS
Project: Throckmorton Creek Trunk Sewer Extension
County Road 366 (W. Foster Crossing) to County Road 367 ('Taylor Blvd.)
Project No. 2014-144
Date: 6-Apr-16
ENGINEER'S OPINION OF CONSTRUCTION COST
By:
C.M.K.
Item No.
I Description
Quantity
Unit
Price
Amount
ADDITIVE ALTERNATE NO. 1
101
Furnish & Install E2oxy Liner System for 5-Foot Dia. Manholes
390
V.F.
$ 150.00
$ 58,500.00
ADDITIVE ALTERNATE NO. 2
201
Abandon Existing Lift Station
1
L.S.
$ 20.000.00
$ 20,000.00
Subtotal:
$ 1,320,915.00
.Contingencies
and Miscellaneous Items
0%
$ -
Total:
$ 1,320,915.00
USE:
$ 1,321,000.00
JACLERICAL\Anna\2014-144 Throckmorton Creek Trunk Sewer\Specs\Tech-Spec\l l-P&BS-2 xlsx Page 2 of 2
CITY OF ANNA, TEXAS
Item No. 5f
City Secretary's use only
City Council Agenda
Staff Report
Meetinq Date: April 12, 2016
Staff Contact: Chief Gothard
Exhibits:
AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution
approving submittal of Assistance to Firefighters S.A.F.E.R. grant application for
two full time firefighters.
SUMMARY: Each Fiscal Year, the Fire Department researches various grant
funding mechanisms to determine if there are any state and/or federal grants
available to the City. In FY 2015-2016, the City applied for three grants and
received one that equipped the station with an exhaust removal system.
This AFG SAFER grant would provide for hiring two additional firefighters to work
on shift assignments and assist with call loads during staffing shortages. The
additional staffing will begin providing needed staffing levels for the future.
1. (2) Firefighter Positions: For a period of two -years, the AFG SAFER grant
would fund the salary and benefits of two firefighters to work and provide
firefighting job performance duties. If awarded this grant, the City will be
responsible for funding uniforms and equipment necessary for the new
firefighter positions (approx. $9,000) out of the General Fund. Additional
cost would be minimal for items such as replacement uniforms, training
tuition, etc.
At the end of the two-year period, in FY 19 the Fire Department budget
would include funding for the full-time positions at a budgeted amount of
$132,926.
STAFF RECOMMENDATION:
This Grant would help the City provide an improved staffing level to our citizens
without bearing the full costs. Further, it allows us to access federal tax dollars
paid by our citizens and provide them with services that directly benefit them. If
this grant is something the Council would like to see come to fruition, the staff will
pursue these funding opportunities enthusiastically.
Deadline for submittal is March 25, 2016.
Cost per Firefighter
10-543-6101
Salaries
41,374
10-543-6102
Salaries - Overtime
6,000
10-543-6114
Payroll Taxes -City Part FICA
3,632
10-543-6121
Health Insurance
7,550
10-543-6125
TMRS Retirement
6,822
10-543-6126
Unemployment
200
10-543-6127
Worker's Compensation
785
10-543-6129
Miscellaneous Payroll
100
66,463
FY 17 — Expense covered by Grant
FY 18- Expense covered by Grant
FY 19- Expense budgeted in City budget ($132,926)
2
CITY OF ANNA, TEXAS
RESOLUTION NO. 2106-04-
(SAFER 2016 Grant Application)
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE SUBMITAL OF.
AN ASSISTANCE TO FIREFIGHTERS S.A.F.E.R. GRANT APPLICATION FOR T
HIRING OF TWO FULLTIME FIREFIGHTERS.
WHEREAS, each fiscal year, the Fire department researches various grant fundi
mechanisms to determine if there are any state and/or federal grants available to the.)
City, and;
WHEREAS, the Fire department has recommended the submission of the an AFG
SAFER grant (the "Grant Program") that would fund for two (2) years the salary and
benefits of two full-time firefighter positions, and; or -
WHEREAS, if awarded this grant, the City will be responsible for funding uniforms and
equipment necessary for the new firefighter positions (approx. $9,000) out of the
General Fund, and;
WHEREAS, at the end of the two-year period covered by the Grant Program, the Fire
department budget would need to include funding for the two (2) full-time firefighter
positions previously funded by the Grant Program (approx. $132,926), and;
WHEREAS, the City Council of the City of Anna, Texas ("City Council") finds that the
AFG SAFER grant application supports the Fire department's purpose of preserving
and protecting the public health and safety of the residents of the City of Anna;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2.
The City Council of the City of Anna, Texas hereby approves the submittal of assistance
to firefighters S.A.F.E.R. grant application for the hiring of two fulltime firefighters.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the
12t" day of April, 2016.
ATTEST:
APPROVED:
Carrie L. Smith, City Secretary Mike Crist, Mayor
Item No. 5g
City Secretary's use only
City Council Agenda
Staff Report
CITY OFANNA,TEXAS Date: April 12, 2016
Staff Contact: Maurice Schwanke
Exhibits: Yes.
AGENDA SUBJECT:
Approve a Resolution on a Final Plat for Victoria Falls Center Addition.
SUMMARY:
A re -plat has been received on The Falls Ph 1 A, Lot 9, Block B on approximately
7.477 acres of land located north of FM 455 and east of Victoria Falls Road. The
tract is being proposed as five lots. A preliminary plat was approved by City
Council September, 2015.
At their meeting April 4, 2016 meeting, the Planning and Zoning Commission
recommended approval of the final plat with the condition that certain staff
comments are addressed on the infrastructure construction plans. The vote was
unanimous.
STAFF RECOMMENDATION:
Staff recommends approval of the attached Resolution. The applicant's engineer
is making the minor adjustments to the construction plans at the writing of this
Staff Report. He is out of town and will not be able to review his employee's
corrections until Monday April 11. If he does not resubmit the corrected
construction plans prior to the April 12 Council meeting, Staff will ask the
applicant to withdraw this application until such time as the corrections can be
made.
CITY OF ANNA, TEXAS
RESOLUTION NO. 2016-04-
(Final Plat Victoria Falls Center)
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A FINAL PLAT OF
VICTORIA FALLS CENTER ADDITION.
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 Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and
WHEREAS, RR-LI Enterprises, LP has submitted an application for approval of a final plat of
the Victoria Falls Center Addition;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated. %01 'r
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 Victoria Falls Center Addition attached
hereto as Exhibit 1.
PASSED AND APPROVED by the City Council of the City of Anna,
of April, 2016.
ATTEST:
Carrie L. Smith, City Secretary
Uff W N1060 : 191
Texas, on this 12t", day
Mayor, Mike Crist
HILLSIDE DRIVE
WILEY FARM
w
0
PARKVIEW DR.
WHITE STREET (F.M. 455)
w
>
Of
0
a
O
J
J
HELMOKEN DRIVE FALLS
w
J
J
Q
LL
i
uj
HANAKOA FALLS DRIVE
z
Q
w
>
--------------------
J
J
Q
ATHABASCA FALLS DRIVE Q
C9
Tq�],Z,
Q
a
Oz
PINE KNOLL WAY
0
w
z
Em w
O
r_
CEDAR TRAIL
a
2
qO
0 CYPRESS WAY
WEIRS GLEN DR.
w
0
D
w
H
w
orni nntl TRAII
Q
Q
z
O
w
C�
w
w
WHITE STRE
SCALE: 1 "=50'
0 25 50 100
LEGEND
FIR Found Iron Rod
SIR Set Iron Rod
CM Controlling Monument
15'X15' UTILITY EASEMENT
Vol. 0, Pg. 615
M.R.C.C.T.
LOT 10, BLOCK B
THE FALLS PHASE 1A
Vol. 0, Pg. 615
P.R.C.C.T.
(LANDSCAPE AND
PUBLIC ACCESS
EASEMENT)
30' DRAINAGE EASEMENT
Vol. 0, Pg. 615
M.R.C.C.T. - - - - - -
ZONED PD 119-2003
LOT 20, BLOCK D
THE FALLS PHASE 1A
Vol. 0, Pg. 615
M.R.C.C.T.
LOT 21, BLOCK D
THE FALLS PHASE 1A
Vol. 0, Pg. 615
P.R.C.C.T.
(LANDSCAPE AND
PUBLIC ACCESS
EASEMENT)
00
O
�
W
U-
N
75 T
3 0
v o
x a
yo
- 00
5
SITE
W. White St.
FM 455
0
_
T
a a
.o o
1z�
> a
J
s�
o
� 3
0 a
1a
a
O
Willow Way
C
o Qa
U
a
p,
Elm St.
No Scale
N
VICINITY MAP
N TS
NUM
DELTA
ARC
RADIUS
BEARING
DISTANCE
C1
08°21'54"
30.95'
212.00'
S85°42'24"E
30.92'
C2
08°21'54"
30.95'
212.00"
S85°42'24"E
30.92'
NUM
BEARING
DISTANCE
L1
N81°38'06"W
23.15'
L2
N81°38'06"W
16.57'
L3
N81°38'06"W
6.58'
FLOOD CERTIFICATE
As determined from FLOOD INSURANCE RATE MAPS for Collin County, the subject property does
not appear to lie within a Special Flood Hazard Area (100 year flood), Map Panel Number
48085C0155J, and dated June 2, 2009; subject property lies in Zone X.
NOTES:
1) The bearing basis for this plat is a bearing of N0000010"W for the east line of Victoria Falls Drive
as indicated on the plat of The Falls, Phase 1A, as recorded in Volume O, Page 615, Map
Records of Collin County, Texas.
2) Selling a portion of this addition by metes and bounds is a violation of city subdivision ordinance
and state platting statutes and is subject to fines and withholding of utilities and building
certificates.
LOT AREA TABLE
LOT
1 200,097
SF/4.594
AC
LOT
2 38,352
SF/0.880
AC
LOT
3 25,693
SF/0.590
AC
LOT
4 30,132
SF/0.692
AC
LOT
5 31,410
SF/0.721
AC
SURVEYOR'S CERTIFICATE
KNOW ALL MEN BY THESE PRESENTS:
THAT, I, L. LYNN KADLECK, a Registered Professional Land Surveyor in the State of Texas, do
hereby certify that I have prepared this plat from an actual on the ground survey of the land; and the
monuments shown hereon were found and/or placed under my personal supervision in accordance
with the platting rules and regulation of the City of Anna, Texas.
DATED this the ___ day of _'2015.
PRELIMINARY FOR REIVEW
NOT FOR RECORDING
L. LYNN KADLECK
Registered Professional
Land Surveyor No. 3952
STATE OF TEXAS } •
COUNTY OF COLLIN }
BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day personally
appeared L. Lynn Kadleck, known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same for the purposes and considerations
therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the __ day of _'2015
X
BLOCK B W W
THE FALLS PHASE 1A I ZONED PD 2001-23 �- > BLOCK C
LOT 1 I I Vol. 0, Pg. 615 I I I W I THE FALLS PHASE 1A
I I M.R.C.C.T. 0 Vol. 0, Pg. 615
POINT OF
Y I M.R.C.C.T.
BEGINNING LOT 2 LOT 3 LOT 4 LOT 5 LOT 6 LOT 7 LOT 8
50' Row LOT 1 �
5.0' S 8"FIR N89°36'26"E 608.96' LOT 17
_ 10' LANDSCAPE _BUFFER L18 143.62' 1/2"FIR
_ ---- - - ---------------�
Leo 1 01 189 30 219.93' 25' BUILDING SETBACK �� 28 i LOT 18
C1 c�L L1 24' FIRE LANE, ACCESS, L2
WATER & DRAINAGE EASEMENT L17
23c212 - C, I�
10.5' WATER & 10.5'X15' UTILITY & 7.5'X15' WATER �� I� PROPOSED
� DRAINAGE EASEMENT DRAINAGE EASEMENT EASEMENT I I� BLOCK C
2.5' 1 Im AVERY POINTE ADDITION
7.5'UTILITY EASEMENT LJ
m I Vol. 0, Pg. 615 0-
Ld I8° ° I Co M.R.C.C.T. LOT 1 I� LOT 19
U N �
U) 1 �.Q Q
Z j 15' UTILITY & °�° J
LJ__I _J I DRAINAGE EASEMENT U) 7
�PD 179-2005
�� I 24' FIRE LANE, ACCESS, L13 cs\ o I' w ZONED PD 226-2005
I UTILITY &DRAINAGE EASEMENT L12 J
16 1 � 00
L33 176.3LO
2' ���5 \` m I N
L32 6 L22 04 I M d- LOT 20
C; PRIVATE
I J
OI 18.2'
.J 0 ril PRIVATE �, 1
Q _ DRAINAGE & ZONED PD 119-2003 1
LL_ DEAS MENT ETENTION (FOR C1 USES)
I
20'X30' DRAINAGE EASEMENT
Q C)d' J 1 vol. o, Pg. 615 20' SANITARY BLOCK A
MRCCT
W
13.79 AC.
1 T. SEWER EASEMENT Illli� N ANNA 455 COMMERCIAL, LP
d- Inst. No. 20121119001473740
O I N L26 N Inst. No. 20121119001473750
O o I o v�� 19.s25.so' Inst. No. 20121119001473760
1 12 FIRE LANE, ACCESS, \ /
Z L28 �� c T16I Y & DRAINAGE EASEMENT
s 2� i , °c �''9 � Gyo (n O.P.R.C.C.T.
U140.20' 30. ( _
k73 177.29` L1 o S89°36'24"E 611.22' �._ L15 0
> 202.70 L9 121.56' 141.24' 145.73 L4
�h DRAINAGE L19 ° ��', c� L6 PROPOSED PUBLIC
s EASEMENT -- - - - - - ���- - - - - - - - DRAINAGE, WATER
VISIBILITY 10.0' AND SANITARY SEWER
In I M Ln EASEMENT 12' FIRE LA E, AC ESS, N EASEMENT BY
50' Row (typ) � UTILITY & DRAINA E EA EMENT 24,0' z SEPARATE INSTRUMENT
I� I J J 25' BUILDING SETBACK �00 FIRE LANE, ACCESS, oY
SANITARY SENDER EASEMENT UTILITY & DRAINAGE - Q
EASEMENT m
5CM8"F R \ \ 10' WATER EASEMENT � _ I LO V)
/
\\ \ LOT 2 LOT 3 J allo I LOT 4 o N LOT 5
N O N
O
N Z
ooN U O
ZONED PD 179-2005\, rI (6
N24°21'58"W I \ \ \ Z Z 1 24 FIRE LANE, N PD 226-2005
CESS, UTILITY &
148.76' \\ \ \ �25 BUILDING SETBACK 24' FIRE LANE, ACCESS, \�,�DRAINAGE EASEMENT
\ \ \� UTILITY6& DRAINAGE EASEMENT ' L30 -
7.5'UTILITY EASEMENT
Vol. 0, Pgg. 615
M.R.C.C.T.
20' UTILITY EASEMENT -
Vol. 0, Pg. 615
M.R.C.C.T.
L37 �
\\ \ \\ \8 r�/ 0)L29
\ \ L32 U 1 >
\ \ 20' WATER EASEMENT _,.--25' BUILDING SETBACK
\\ �-
\ 20' LANDSCAPE BUFFER
t 142.75 121.57 141.25
5/8"SIR '
N89°31'55"W 551.37
20' UTILITY EASEMENT - TXDOT MON
Vol615
. 0, Pgg.. T..
- LOT 10, BLOCK B M.R.C.0
THE FALLS PHASE 1A 06"
Vol. 0, Pg. 615
P. .T.
(LANDSCAPE AND W. WHITE STREET (F.M.
PUBLIC ACCESS
EASEMENT) i
ZONED PD 2000-00
455)
m
Q
Q
o� 25 X25 VISIBILITY
EASEMENT
--- - ---------
/ J \
c�
(iI 69.40145.80'
ROW DEDICATED 0.277 AC
Inst. No. 2012042 000461300
- O.P.R.C.C.T.
PROPOSED
LOT 1, BLOCK A
ANNA 45 ADDITION
5/8"SIR
05/8"FIR
Notary Public, State of Texas
EASEMENT CURVE TABLE
NUM
DELTA
ARC
RADIUS
BEARING
DISTANCE
C1
37°58'56"
19.89'
30.00'
S82'29'36"E
19.53'
C2
11'05'30"
10.45'
54.00'
S84°03'41"W
10.44'
C3
90'00'00"
47.12'
30.00'
N44°36'26"E
42.43'
C4
90,00'00"
47.12'
30.00'
S45'23'34"E
42.43'
C5
90'00'00"
84.82'
54.00'
N45'23'34"W
76.37'
C6
90'00'00"
47.12'
30.00'
S4436'26"W
42.43'
C7
63'17'50"
33.14'
30.00'
S32'02'29"E
31.48'
C8
26'57'35"
14.12'
30.00'
N19*13'09"E
13.99'
C9
20'55'38"
36.53'
100.00'
S10'27'49"W
36.32'
C10
21 °19'12"
93.03'
250.00'
N10°16'02"E
92.49'
C11
90,00'00"
47.12'
30.00'
N45'23'34"W
42.43'
C12
2639'41"
13.96'
30.00'
S76°40'10"W
13.83'
C13
26'54'13"
14.09'
30.00'
S7632'54"E
13.96'
C14
90`23'34"
47.33'
30.00'
N44°48'13"E
42.57'
C15
90`00100"
47.12'
30.00'
N45'23'34"W
42.43'
C16
26'29'24"
13.87'
30.00'
S76°21'44"W
13.75'
C17
27'08'26"
14.21'
30.00'
S76°49'21 "E
14.08'
C18
89'59'44"
84.82'
54.00'
N45'23'42"W
76.36'
C19
89'59'44"
47.12'
30.00'
S45'23'42"E
42.42'
C20
90,00,00"
47.12'
30.00'
N4436'26"E
42.43'
C21
90,00,00"
47.12'
30.00'
N45'23'34"W
42.43'
C22
11'25'41"
10.77'
54.00'
N83°45'45"E
10.75'
C23
26*10'07"
13.70'
30.00'
S76'23'32"W
13.58'
C24
23'08'35"
45.44'
112.50'
N56°04'40"W
45.33'
C25
1633'01"
36.83'
127.50'
N4634'53"W
36.70'
C26
90°23'34"
23.66'
15.00'
N45'11'47"W
21.29'
C27
24'21'58"
31.47'
74.00'
S12'10'59"E
31.23'
C28
65°08'57"
50.04'
44.00'
S56°56'56"E
47.39'
C29
90'51'39"
69.78'
44.00'
N45'02'16"E
62.44'
C30
90°00'00"
31.42'
20.00'
S44°36'26"W
28.19'
C31
90°00'00"
31.42'
20.00'
N45°23'34"W
28.28'
C32
90°51'39"
31.72'
20.00'
S45°02'16"W
28.50'
C33
65°09'57"
22.75'
20.00'
N56°56'56"W
21.54'
C34
24°21'58"
21.26'
50.00'
S12°10'59"E
21.10'
C35
89°36'26"
23.46'
15.00'
S44°48'13"W
21.14'
C36
89°08'21"
31.12'
20.00'
S44°57'44"E
28.07'
C37
90°51'39"
31.72'
20.00'
S45°02'16"W
28.50'
EASEMENT LINE TABLE
NUM
BEARING
DISTANCE
L1
N89°36'26"E
379.00'
L2
N89°36'26"E
48.96'
L3
NO°23'34"W
255.98'
L4
S89°36'26"W
93.00'
L5
SO°23'34"E
172.59'
L6
S89°36'26"W
128.10'
L7
NO°00'00"W
9.05'
L8
SO°23'34"E
20.00'
L9
S89°36'26"W
410.50'
L10
S89°36'26"W
409.82'
L11
NO°23'34"W
78.31'
L12
N89°36'26"E
409.13'
L13
N89°36'26"E
408.62'
L14
SO°23'50"E
78.77'
L15
S89°36'26"W
38.99,
L16
NO°23'34"W
201.98'
L17
N89°36'26"E
514.77'
L18
N89°36'26"E
26.81'
L19
N89°36'26"E
256.62'
L20
NO°23'34"W
11.41'
L21
NO°23'34"W
119.21'
L22
N89°36'26"E
104.06'
L23
S37°31'28"E
20.03'
L24
N89°36'26"E
56.37'
L25
SO°23'34"E
88.04'
L26
S89°36'26"W
61.55'
L27
S36°44'20"W
19.10,
L28
S89°36'26"W
99.31,
NUM
BEARING
DISTANCE
L29
N8931'55"W
119.48'
L30
S8931'55"E
114.08'
L31
S00°23'34"E
101.79'
L32
N89°35'55"W
181.38'
L33
S24'21'58"W
75.59'
L34
N00°00'00"E
22.20'
L35
S00°00'00"W
22.57'
1_36
S24°21'58"E
75.59'
1_37
S8931'55"W
181.38'
L38
N00°23'34"W
101.79'
OWNER'S CERTIFICATION
WHEREAS, RR-LI ENTERPRISES, LP, are the owners of a tract of land situated in the F. T. Duffau
Survey, Abstract No. 288, City of Anna, Collin County, Texas and being part of Lot 9, Block B of The
Falls Phase 1A, an addition to the City of Anna, Collin County, Texas according to the map thereof
recorded in Volume O, Page 615, Map Records of Collin County, Texas, said tract conveyed to RR-LI
Enterprises, LP by deed recorded in Instrument Number 20080104000020330, Official Public
Records of Collin County, Texas, and being more particularly described by metes and bounds as
follows:
BEGINNING at a found 5/8 inch iron rod for a corner at the northwest corner of said Lot 9 and the
northeast corner of Lot 10, Block B of the said The Falls Phase 1A, and said point being in the south
line of Lot 1, Block B of the said The Falls Phase 1A;
THENCE, N 89036'26" E, with the common line of said Lot 9 and Lots 1 through 8, Block B of the said
The Falls Phase 1A, passing at a distance of 427.18 feet the west line of Kaie Teur Drive (a 50 foot
right of way), passing at a distance of 477.18 feet the east line of Kaie Teur Drive and the southwest
corner of Lot 1, Block C of the said The Falls Phase 1A, continuing in all a distance of 608.96 feet to a
found 1/2 inch iron rod for a corner, said point being the northeast corner of said Lot 9, Block B and in
the west line of a called 13.798 acre tract of land conveyed to 455 Anna Commercial, LP by deed
recorded in Instrument Number 20121119001473740, 20121119001473750 and
20121119001473760, Official Public Records of Collin County, Texas;
THENCE, S 00024'23" E, with the common line of said Lot 9, Block B and the said 13.798 acre tract,
a distance of 544.58 feet to a set 5/8 inch iron rod for a corner, said point being the northeast corner
of a called 0.277 acre tract of land conveyed to the State of Texas for right of way expansion of FM
455 (White Street, a variable width right of way) by deed recorded in Instrument Number
20120420000461300, Official Public Records of Collin County, Texas;
THENCE, N 891131'55" W, with the north line of the said 0.277 acre tract and the north line of White
Street, a distance of 551.37 feet to a set 5/8 inch iron rod for a corner in the east line of the above
said Lot 10, Block B;
THENCE, N 24021'58" W, with the common line of said Lot 9 and Lot 10, Block B, a distance of
148.76 feet to a found 5/8 inch iron rod for a corner;
THENCE, N 00000'40" W, continuing with the said common line, a distance of 400.37 feet to the Point
of Beginning and containing 325,686 square feet or 7.477 acres of land.
OWNER'S DEDICATION
STATE OF TEXAS }
COUNTY OF COLLIN }
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS
That, RR-LI ENTEPRISES, LP are the owners of the herein described property, does hereby adopt
this plat designating the herein described property as VICTORIA FALLS CENTER ADDITION, an
addition to the City of Anna, Collin County, Texas and does hereby dedicate to the public use forever
the streets, alleys and public use areas shown hereon, the easements, as shown, for the mutual use
and accommodating of the City of Anna and all public utilities desiring to use or using same; all and
any public utility and the City of Anna shall have the right to remove and keep removed all or parts of
any buildings, fences, shrubs, trees or other improvements or growths which in any way endanger or
interfere with the construction, maintenance or efficiency of its respective systems on said easements
and the City of Anna and all public utilities shall have the right to construct, reconstruct, inspect,
patrol, monitor and add to or remove all or parts of its respective systems without the necessity of, at
anytime, procuring the permission of anyone. This plat is approved subject to all platting ordinances,
rules, regulations and resolutions of the City of Anna, Texas.
The Fire Lane Easement shown on this plat shall be for the use of emergency vehicles and shall not
be blocked for any reason. The owners of each lot shall be responsible for the maintenance and
repair of the pavement and subgrade within the easement area and the City shall not be responsible
for maintenance and/or repair of the Fire Lane Easement area, except for necessary repairs to the
City facilities and in which case, the pavement shall be restored to the same or better condition as
existing prior to the repair.
The Access Easement shown on this plat shall be for the use and benefit of all owners, visitors and
the general public for access to and from the property within this platted area. The owners of each lot
shall be responsible for the maintenance and repair of the pavement and subgrade within the
easement area and the City shall not be responsible for maintenance and/or repair of the Access
Easement area.
WITNESS MY HAND at Texas, this _ day of , 2015.
BY: RR-LI ENTERPRISES, LP
By: RR-LI, LLC, its General Partner
BY:
STATE OF TEXAS }
COUNTY OF COLLIN }
BEFORE ME, the undersigned authority in and for the State of Texas, on this day personally
appeared Robert Richardson as managing partner of RR-LI, LLC, General Partner of RR-LI
Enterprises, LP, known to me to be the person whose name is subscribed to the foregoing instrument
and acknowledged to me that he executed the same for the purposes and consideration therein
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of _ _'2015
CERTIFICATEOF APPROVAL
Approved this _ day of _
Mayor, City of Anna, Texas
Notary Public, State of Texas
, 2015, by the City Council of the City of Anna, Texas
City Secretary
Robert Wayne Richardson
Managing Partner
FINAL PLAT
LOT 1-5, BLOCK A
VICTORIA FALLS CENTER ADDITION
BEING A REPLAT OF LOT 9, BLOCK B
THE FALLS PHASE 1A
A 7.477 ACRE TRACT IN THE
FRANCIS T. DUFFAU SURVEY, ABSTRACT NO. 288
CITY OF ANNA, COLLIN COUNTY, TEXAS
OWNER
RR-LI ENTERPRISES, LP
4100 VIRGINIA PARKWAY
McKINNEY, TX. 75070
(214) 773-4470
PREPARED: AUG. 5. 2015 BY:
KADLECK & ASSOCIATES
ENGINEERING PLANNING SURVEYING
2000 N. CENTRAL EXPY. SUITE 113
(972) 881-0771 PLANO, TX 75074
TBPE Reg. No. F-6460/TBPLS Reg. No. 100555-00 JOB #15746
Item No. 5h
City Secretary's use only
City Council Agenda
Staff Report
CITY OFANNA,TEXAS Date: April 12, 2016
Staff Contact: Maurice Schwanke
Exhibits: Yes.
AGENDA SUBJECT:
Approve a Resolution on a Final Plat for Camden Parc Phase 1A.
SUMMARY:
A final plat has been received on approximately 2.06 acres of land that is located
east of Hwy 5 and south of County Road 376. The owner/developer is proposing
11 lots on the tract. The civil construction plans have been approved by the City
as part of Phase 1 and are currently under construction. However, these lots
were omitted from phase 1 due to lot depth issues which have subsequently
cured by a rezoning application. A preliminary plat was approved by City Council
March, 2014.
The Planning and Zoning Commission recommended approval of the final plat at
their meeting April 4, 2016 meeting. The vote was unanimous.
STAFF RECOMMENDATION:
Approval of Resolution
CITY OF ANNA, TEXAS
RESOLUTION NO. 2016-04-
(Camden Parc Ph. 1A — Final Plat)
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A FINAL PLAT OF
CAMDEN PARC IN ANNA PHASE 1A.
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 Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and
WHEREAS, Anna 190, LLC has submitted an application for approval of a final plat of the
Camden Parc Phase 1A;
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 Camden Parc Phase 1A attached hereto
as Exhibit 1.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 121, day
of April, 2016. twmNl%
ATTEST:
Carrie Smith, City Secretary
0
APPROVED:
Mayor, Mike Crist
;31n 1
w
------------
5
I
SITE
JWr& High
I
VICINITY MAP
NOT TO SCALE
GENERAL NOTES:
1. ALL CORNERS ARE MARKED WITH CAPPED 1/2" IRON RODS
STAMPED "KAZ" UNLESS OTHERWISE NOTED.
2. FLOOD STATEMENT: I HAVE REVIEWED THE F.E.M.A. FLOOD
INSURANCE RATE MAP FOR THE CITY OF ANNA, COMMUNITY
NUMBER 480132 EFFECTIVE DATE 6-2-2009 AND THAT MAP
INDICATES AS SCALED, THAT THIS PROPERTY IS WITHIN
"NON -SHADED ZONE X" DEFINED AS "AREAS DETERMINED TO BE
OUTSIDE THE 0.2% ANNUAL CHANCE FLOOD (500-YEAR)" AS
SHOWN ON PANEL 160 J OF SAID MAP.
3. THE PURPOSE OF THIS FINAL PLAT IS TO CREATE 11
RESIDENTIAL LOTS.
4. A 6' HIGH MASONRY FENCE AND AN 8' WIDE SIDEWALK/TRAIL
REQUIRED ALONG LINDSEY LANE.
5. 10' UTILITY EASEMENT TO BE PLATTED ALONG ALL STREET
R.O.W.(S)
6. NO DRIVEWAY ACCESS WILL BE ALLOWED ONTO EXISTING OR
FUTURE COUNTY ROAD 376 FROM RESIDENTIAL LOTS 1-5, BLOCK
A, LOTS 39-40, BLOCK B
7. NO LOT -TO -LOT DRAINAGE WILL BE ALLOWED.
8. ALL STREET R.O.W.(S) AND LOT 1X (DRAINAGE POND)
TO BE MAINTAINED BY HOA/PID
9. 10' SCREEN WALL & LANDSCAPE EASEMENT ALONG LINDSEY
LANE R.O.W. WILL BE MAINTAINED BY HOA.
10. RETAINING WALLS SHALL NOT BE MAINTAINED BY THE CITY
OF ANNA.
NORTH
1"=60'
30 60 90 120
LEGEND
LOT 1
COLLIN COUNTY ESTATES
(UNRECORDED)
LOT 2
COLLIN COUNTY ESTATES
(UNRECORDED)
LOT 3
COLLIN COUNTY ESTATES
(UNRECORDED)
LOT 4
COLLIN COUNTY ESTATES
(UNRECORDED)
OWNERS CERTIFICATE
All that certain lot, tract or parcel of land lying and being situated in the J. C. Brantley Survey, Abstract No. 114, Collin County, Texas and being a part of that called 57.48 acre tract of land conveyed to Anna 190, LLC by deed recorded in
County Clerks File number 20140422000386740, Real Property Records, Collin County, Texas and being more fully described by metes and bounds as follows;
Augustine J. Lisai SHARON J. VAN LIEW GLYNDA L. YOUNG CAROLYN Y. MATTHEWS
CC File No. 96-0032196 INST. NO. CC FILE NO. 96-84788 CC FILE NO. 96-84788 COMMENCING at a'/z inch iron rod found at the Northwest corner of a called 25.024 acre tract of land tract of land conveyed to Leonard Enterprises by deed recorded in Volume 4942, Page 511, Deed Records, Collin County,
D.R.C.C.T. 20060417000505180 D.R.C.C.T. D.R.C.C.T. Texas, and also being the Northeast corner of said 57.48 acre tract, same being at the intersection of the centerline of County Road 376, County Road 426 and County Road 427;
D.R.C.C.T. THENCE South 86 degrees 46 minutes 44 seconds West, 1235.45 feet to a capped iron rod set at the POINT OF BEGINNING of the herein described tract;
THENCE South 37 degrees 23 minutes 10 seconds East, 373.81 feet to a capped iron rod set stamped "KAZ";
THENCE South 51 degrees 27 minutes 49 seconds East, 19.40 feet to a capped iron rod set stamped "KAZ";
_ THENCE South 65 degrees 32 minutes 28 seconds East, 132.28 feet to the P.C. of a curve to the right whose long chord bears, South 46 degrees 54 minutes 41 seconds East, 256.84 feet;
LINDSEY LANE
50' GAS PIPELINE ESMT. \ THENCE along said curve whose radius is 402.00 feet and an arc length of 261.42 feet to a capped iron rod set at the P.T. of said curve;
10' S.W.&L.E. VOL. 6064, PG. 6159
D.R.C.C.T. \ \ THENCE South 29 degrees 19 minutes 41 seconds East, 58.14 feet to a capped iron rod set stamped "KAZ";
CAP/IRS ______ __
f1o.8a' THENCE in a Southwesterly direction and along a curve to the right whose long chord bears, South 54 degrees 51 minutes 59 seconds West, 36.88 feet and whose radius is 175.00 feet and an arc length of 36.95 feet to a capped
POB \ \ iron rod set stamped "KAZ" at the P.T. of said curve;
I\ \ \ THENCE South 60 degrees 54 minutes 54 seconds West, 31.06 feet to a capped iron rod set stamped "KAZ" at the P.C. of a curve to the right whose long chord bears, South 61 degrees 56 minutes 32 seconds West, 27.79 feet;
°j°>
co s� 18 THENCE along said curve whose radius is 775.00 feet and an arc length of 27.79 feet to a capped iron rod set stamped "KAZ";
40 39 \ 17 �/ \�
19 \ �//THENCE North 74 degrees 28 minutes 12 seconds West, 13.53 feet to a capped iron rod set stamped "KAZ";
hM O 16
o� 37 \ 15 THENCE North 29 degrees 51 minutes 19 seconds West, 14.67 feet to a capped iron rod set stamped "KAZ" at the P.C. of a curve to the left whose long chord bears, North 50 degrees 21 minutes 01 seconds West, 297.61 feet;
I �0 11,091 SF � I
�- 7/�\ THENCE along said curve whose radius is 425.00 feet and an arc length of 304.05 feet to a capped iron rod set stamped "KAZ" at the P.T. of said curve;
14 ` \ b
�0 c'; ��� / \ THENCE North 70 degrees 50 minutes 42 seconds West, 20.47 feet to a capped iron rod set stamped "KAZ" at the P.C. of a curve to the right whose long chord bears, North 54 degrees 06 minutes 56 seconds West, 100.75 feet;
\ o�
\ 36 y \ THENCE along said curve whose radius is 175.00 feet and an arc length of 102.19 feet to a capped iron rod set stamped "KAZ" at the P.T. of said curve;
CAP/IRF 60 8,396 SF 13
K�ii o0 F2 \ \ THENCE North 37 degrees 23 minutes 10 seconds West, 173.97 feet to a capped iron rod set stamped "KAZ" at the P.C. of a curve to the left whose long chord bears, North 53 degrees 21 minutes 08 seconds West, 123.78 feet;
CM V � p � 7• S�
THENCE along said curve whose radius is 225.00 feet and an arc length of 125.40 feet to a capped iron rod set stamped "KAZ';
35 �� � V 12
8,001 SF CRIBED IN A DEED TO
\ THENCE North 20 degrees 40 minutes 53 seconds East, 165.97 feet to the PLACE OF BEGINNING and containing 2.06 acres of land more or less;
THE REMAINDER OF A TRACT OF LAND S\ \
\ S \ S14G LAND INVESTMENTS OF ANNA FIVE, LTD.
CAP/IRS y0 �, ' \ 20 I T. NO. 20060524000707160
6\ O \R>� > FUTURE D.R.C.C.T. 11
18 8V \ / �� y0 0 LOT3X
OWNERS DEDICATION
c�0. jro 2 \
' 19 2 \ \ �yti 34 21 NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
0
\ ��O \ 8,002 SF s �� \ 10 THAT ANNA 190, LCC, does hereby adopt this plat, designating the herein above described property as CAMDEN PARC IN ANNA - PHASE 1A, an addition to the City of Anna, Collin County, Texas and do hereby dedicate, in fee
22 \ �TL4, simple, to the public use forever the streets and alleys shown thereon. The easements shown thereon are hereby reserved for the purpose indicated. The utility and fire lane easements shall be open to the public, fire and police
\ �� �o�� 5° 7 /, CAP/IRS FT✓ units, garbage and rubbish collection agencies, and all public and private utilities for each particular use. The maintenance of paving on the utility and fire lane easements is the responsibility of the property owner. No buildings,
20 �' > �\ \ \ �36 .,v 1,> `s 6so \ fences, trees, shrubs or other improvements or growths shall be constructed reconstructed or placed upon, over or across the easements as shown. Said easements being hereby reserved for the mutual use and accommodation of
�� �c� \ �`' 322 " / 23 all public utilities using or desiring to use same. All, and any public utility shall have the right to remove and keep removed all or part of any buildings, fences, trees, shrubs, or other improvements or growths which in anyway may
SURVEY( 33 6200. 8 F \ \ \ endanger or interfere with the construction, maintenance or efficiency of its respective system on the easements, and all public utilities shall at all times have the full right of ingress and egress to or from and upon the said easements
C 6 pa.1TLET #1A4 �, o\ \ 9,497 SF i4l 3228for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining an adding to or removing all or parts of its respective systems without the necessity at any time of procuring the permission of anyone. (Any public
AgSTRACNTY TEXp,S �s \ �� N S23o, CAP/IRS \ / \ utility shall have the right of ingress and egress to private property for the purpose of reading meters and any maintenance of service required or ordinarily performed by that utility).
DENTON COU 21 CAP/IRS \ \ O Win' h 32 � 233 CAP/IRS /
36 \ \ v 4 \ 24 Water main and wastewater easements shall also include additional area of working space for construction and maintenance of the systems. Additional easement area is also conveyed for installation and maintenance of manholes,
7,241 SF o \ cleanouts, fire hydrants, water services and wastewater services from the main to the curb or pavement line, and description of such additional easements herein granted shall be determined by their location as installed.
\ 'sue NN 31 'sob \
I \ 22 C'S 20s\ = 7,447 SF CAP/IRS \ \ \ This plat approved subject to all platting ordinances, rules, regulations, and resolutions of the City of Anna, Texas.
\ 2s o WITNESS, my hand at Texas, this the day of 12016.
CAP/IRS �$ 2� 2 \ e<. 30 Cj \ \ 25 \
\ \ a 7,683 SF 6'�
F
35 ANNA 190, LCC
23
29
THE REMAIN R OF A TRACT F LAND DESCRIBED IN A.DEED TO �S 7,738 SF
SHIGLAND INVESTME S OF ANNA FIVE, LTA. 26
INST. NO. 2006 5 000707160 /
\ D.R.C.C. 24 OWNER
CQ \s \ �.1 oo
co
34 \°S 28 a STATE OF TEXAS
\ 25 A \ 7,376 SF �� _ COUNTY OF DENTON
� s
26 \ s \ �a1°6 �35� c9�� �w.•S' /� BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, ON THIS DAY PERSONALLY APPEARED KNOWN TO ME TO BE THE
33 / / ?s ��5 F ���� / PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATIONS THEREIN.
27 '_
\ \ 7,207 SF \ / WITNESS MY HAND AND SEAL OF OFFICE THIS THE DAY OF 2016.
27 OV _0
/ C
32
� 9A
\ \ CAP/IRS
NOTARY PUBLIC IN AND FOR THE STATE OF
41 1 28 GpQ\\0 �3 cqA �'�'s \ COUNTY
1 29 �s MY COMMISSION EXPIRES ON
30 FUTURE
/ LOT 2-X \ CERTIFICATE OF SURVEYOR
\ 31
STATE OF TEXAS
�\ COUNTY OF COLLIN �v
CURVE TABLE
CURVE
RADIUS
ARC LENGTH
CHORD LENGTH
CHORD BEARING
DELTA ANGLE
C1
402.00'
261.42'
256.84'
S 46°54'41" E
37'15'33"
C2
175.00'
36.95'
36.88'
S 54°51'59" W
12°05'49"
C3
775.00'
27.79'
27.79'
S 61 °56'32" W
2'03'16"
C4
425.00'
304.05'
297.61'
N 50°2V01" W
40°59'24"
C5
175.00'
102.19'
100.75'
N 54°06'56" W
33°27'32"
C6
225.00'
125.40'
123.78'
N 53°21'08" W
31 °55'56"
LINE TABLE
LINE
BEARING
DISTANCE
L1
S 51 °27'49" E
19.40'
L2
S 60°54'54" W
31.06'
L3
N 74°28'12" W
13.53'
L4
N 29*51'19" W
14.67'
L5
N 70°50'42" W
20.47'
TYPICAL LOT SETBACK AND UTILITY ESMT.
CONFIGURATION UNLESS OTHERWISE NOTED
STREET
10' U.E.
10' U.E.
LOT
LOT
25' BL
7
F_
_26-BE
Ism
JW
W J
m
W
Z:i
L _
25' BL
J
25BL
I, KENNETH A. ZOLLINGER, RE ED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THIS PLAT WAS PREPARED FROM AND ACTUAL SURVEY MADE ON THE GROUND AND THAT THE
MONUMENTS SHOWN HER ERE FOUND OR PLACED WITH 1/2" IRON RODS CAPPED "KAZ" UNDER MY DIRECTION AND SUPERVISION IN ACCORDANCE WITH THE ORDINANCES OF THE CITY OF ANNA,
COLLIN COUNTY, TEXAS.
GJ�
V
KENNETH A. ZOO I ER R.P.L.S. # 5312 DATE
O
STATE OF<�XAS
COUNTY OF COLLIN
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED KENNETH A. ZOLLINGER, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING
INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE/SHE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATIONS THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED.
GIVEN UNDER MY HAND AND SEAL OF THE OFFICE THIS DAY OF 2016.
NOTARY PUBLIC, COLLIN COUNTY, TEXAS
MY COMMISSION EXPIRES
R.O.W. = RIGHT OF WAY
FINAL PLAT
D.E. =DRAINAGE EASEMENT
U.E. = UTILITY EASEMENT
B.L. = BUILDING LINE
CAM D E N PARC IN ANNA
POB = POINT OF BEGINNING
CM = CONTROLLING MONUMENT
Approved this day of 2016, by the City Council of the City 1720 WESTMINSTER
IRF = IRON ROD FOUND
of Anna, Texas. _ DENTON, TX 76205
PHASE 1 A
CAP/IRF = CAPPED IRON ROD FOUND
(940)382-3446
CAP/IRS = CAPPED IRON ROD SET
SURVEYOR:
OWNER:
ENGINEER:
JOB NUMBER: 140544-FP
BEING 11 RESIDENTIAL LOTS OUT OF 2.06 ACRES IN
D.R.D.C.T. = DEED RECORD DENTON COUNTY TEXAS
S.W. & L.E. = SCREENING WALL & LANDSCAPE EASEMENT
KAZ SURVEYING, INC.
ANNA 190, LCC
CRANNELL, CRANNELL &MARTIN ENGINEERING CORPORATION
Mayor
DRAWN BY: TK
Kr
THE J.C. BRANTLEY SURVEY,
1720 WESTMINSTER DRIVE
9400 N. Central Expressway, Suite 404
2570 FM 407, SUITE 209
DATE: 2-29-2016
= BLOCK DESIGNATION
DENTON, TX 76205
Dallas, TX 75231
HIGHLAND VILLAGE, TX 75077
' R.P.L.S.
ABSTRACT NO. 114, CITY OF ANNA,
PHONE: (940) 382-3446
PHONE: 972. 691.6633
City Secretary SURVEYING
= R.O.W. CENTERLINE
TBPLS FIRM #10002100
TBPE FIRM #605
KENNETH A. ZOLLINGER
COLLIN COUNTY, TEXAS.
PAGE 1 OF 2
Item No. 51
City Secretary's use only
City Council Agenda
Staff Report
CITY OFANNA,TEXAS Date: April 12, 2016
Staff Contact: Maurice Schwanke
Exhibits: Yes.
AGENDA SUBJECT:
Approve a Resolution on a Final Plat for Wal-Mart Anna Addition.
SUMMARY:
A final plat has been received on approximately 28.8356 acres of land that is
located East of Hwy 75 and north of FM 455. This is the location for the Walmart
store that will contain a pharmacy, tire and lube express, a proposed fuel station
with convenience store and a garden center. The plat and construction plans
have been reviewed and approved by the staff and consulting engineers. A
preliminary plat was approved by City Council January 2014. A preconstruction
meeting was held on April 6th. Mobilization for the project should occur within the
next several weeks.
The Planning and Zoning Commission recommended approval of the final plat at
their meeting April 4, 2016 meeting. The vote was unanimous.
STAFF RECOMMENDATION:
Approval of Resolution
CITY OF ANNA, TEXAS
RESOLUTION NO. 2016-04-
(Wal-Mart Final Plat)
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A FINAL PLAT OF
WAL-MART ANNA ADDITION.
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 Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and
WHEREAS, Q Seminole Anna Town Center, LP and Wal-Mart Real Estate Business Trust
have submitted an application for approval of a final plat of the Wal-Mart Anna Addition;
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 Wal-Mart Anna Addition attached hereto as
Exhihit 1 _
PASSED AND APPROVED by the City Council of the City of Anna,
of April, 2016. jo"mNl%
ATTEST:
Carrie Smith, City Secretary
APPROVED:
Texas, on this 12t", day
Mayor, Mike Crist
ITE
1q
n
N
7
3
ri- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -------------------
I 20' PERMANENT WATER EASEMENT ' TEMPORARY CONSTRUCTION EASEMENT 20' WATER EASEMENT
CITY OF ANNA, TEXAS INST. NO. 20151103001390360
INSTR. NO. 20150623000757320 INST. NO. 20151103001390320
R.P.R.C.C.T. i O.P.R.C.C.T.
- � O.P.R.C.C.T.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - 89 46
I S5/8"IRSC o 13"E 558.17 , - - - 5/8" IRSC
I REMAINDER OF CALLED 107.52 ACRES
CURRENT ZONING: _ - - --160.41'-498.17' - - - - - - 60.00'
I Q SEMINOLE ANNA TOWN CENTER, L.P. I o
PD 120-2003 - I I 5' BUILDING SETBACK N
I INST. NO. 20080128000100640 I OQ L J--15'x20.4' WATER co ,.I �
(fl N N N 20' ELECTRIC EASEMENT 10'TEMPORARY CONSTRUCTION EASEMENT R.P.R.C.C.T. e0 J J 15' WATER EA UTILITY
Cs EASEMENT I I EASEMENT L33 EASEMENT
I INST. NO. 20151103001390360 I 1.38' S89°46'05"E 212.67' I
W. S. RATTON SURVEY, ABSTRACT NO. 752 W 6
I I O.P.R.C.C.T. 20' WATER EASEMENT I - C8 G�3 o GZ
ti S89°46'13"E 123.76' o -
20' WATER EASEMENT INST. NO. 20151103001390320 5 r o IC. TEMPORARY CONSTRUCTION EASEME
50.5'FIRELANE, ACCESS, UTILITY AND DRAINAGE I INST. NO. 20151103001390320 5/8"IRSC REMAINDER TRACT - - - - I �''� I oo C2 S89°46'05"E 96.92' N
INSTR. NO. 20150602000647420/ I I O.P.R.C.C.T. J C5 °., 1 N I INST. NO. 20151103001390360
R.P.R.C.C.T. O.P.R.C.C.T. NO°13'47"E - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - N S89°46'13"E 123.50' C7 O.P.R.C.C.T.
- - - - - 13.00' S89°46'1 YE 452.85' z _ _ cs - - c42 - - 's - c17
5/8" IRSC - - - -- - - - - - - - I
_ I _S89°46'13"E 269.27' - --92.32' - - - - - - - o - - - - -
5 BUILDING SETBACK 12.00' ^
59.95' - LDSETBA- APPROXIMATE LOCATION o FIRELANE, ACCESS AND C
TBM #2 - /\ 5' BUIING --SETBACK_ OF ABSTRACT LINE 11'x15' WATER N 5/8" IRSC DRAINAGE EASEMENT I 30.00' 30.00'
0) 5.00, 50.5' FIRELANE, ACCESS, UTILITY 5/8" IRSC THOMAS RATTON SURVEY, ABSTRACT NO. 782 EASEMENT
o L AND DRAINAGE EASEMENT
10' ELECTRIC EASEMENT � I
INSTR. NO. 59.94
20150602000647420 64 9 N89°46'13"W 247.31'
R.P.R.C.C.T. 5/8"IRSC 1
N 25' BUILDING SETBACK
* SEE NOTE 5*
�> OZ
0) � / 1= LIJ Q I
CU ° ° O `° 5 " M LOT 2
Q �= NoZXo co
�-
Oo .1.1950 ACRESo z
I io0° 0 52,054 SQ. FT.Q
M/�d
Lu
No
LU^ O � o I REMAINDER OF CALLED 107.52 ACRES
(6 m ZOf M I Q SEMINOLE ANNA TOWN CENTER, L.P.
COio
O I INST. NO. 20080128000100640
L Q w R.P.R.C.C.T.
O? WaN j I
z I I 20' x 20' DRAINAGE
LL II EASEMENT
Lo CD� r, S89°46'13"E 205.31' - - co
72.56' -N M°� 17%=2�.2� - - - - M
74.19' _ ______ W
1.18' a v j-R --N89°46'13"W 198.54' - - - - i__
5/8" IRF BRS. ° O A 7T
N29°32'E, 0.32' N rn I 15' SANITARY SEWER m
LU II EASEMENT z
b b I� S3°02'30"W
co 81.88'
ON
M 0 II 20' LANDSCAPE AND WATER EASEMENT
I z U) � * SEE NOTE 4 * 51
5/8" IRF BRS.
S25°39'W. 0.61'
5/8" IRSC
N /
0
N
W //y 5
N / 1/2" IRF B S
//gW,�,
ti
N
0
M
L0
0
N zo `
Ln I
C0
o
(0 5/8" IRFC
Z (RPLS 5199)
a/
G
-N86°57'30"W LOT 3
7.50' 1.3603 ACRES
59,254 SQ. FT.
20'PERMANENT WATER EASEMENT
CITY OF ANNA, TEXAS
INSTR. NO. 20150623000757310
R.P.R.C.C.T.
20' x 20' DRAINAGE
EASEMENT r r?
I �
M
Ho. FIRELANE, ACCESS, UTILITY a,
AND DRAINAGE EASEMENT co I
r�
v,
rn
v
12'x15' WATER
co EASEMENT
LJ
LOT 1
CALLED 18.551 ACRES
WAL-MART REAL ESTATE BUSINESS TRUST 18.5774 ACRES
INST. NO. 20150602000647410 809,232 SQ. FT.
R.P.R.C.C.T.
O �
co
W
v v
IT SEWER EASEMENT z Cn
____________ -- S89°46'13"E 417.85 -
4.41' 7.
0 24' FIRELANE, ACCESS, WATER AND
10.60--------------------------------- SANITARY SEWER AND DRAINAGE EASEMENT
N89°46'13"W 417.67'
0)
I�
0
J N W W I
J ~
N
I
- L35
24.00'
L36� L30�
nr,�Nw L29 L31
-
L25I
I
� J W
LU
;() W
x to
W
2.50'
0 L27 L26
APPROXIMATE LOCATION
OF ABSTRACT LINE
10' ELECTRIC �'�,,
z
EASEMENT ~I Y
Q
"�0 I m
0
0
CO)I
o 0
00
LLI
� LLL���LLL///
o
wl z
OIL 15I
�
�
I m)
=
3: co
r` N
Z o
I
OAGE
_ ILL!o
CE0SS AND o
o J
UO co I
M Z
EASEMENT
O
C
H
M
W
Q
>-
W
24.00'
II
>
co
I
ib CI
Q
`L.
IL.
z
0) 0)
ih O
LL -
N N O I- I
0
1
W
l�
•
(nwC
z
z
a
0�aCU
M o
N�
o
O U
Y W
F
z ON /
OWm
Lu I
a0 C� Q
I
N C) O
0
/
/
l`
BENCH MARK LIST
TBM #1: Square with "X" cut on
the northeast corner of a
headwall at the northeast
corner of the intersection of
F.M. 455 (White Road) and the
northbound frontage road of
U.S. Hwy. 75
Elev. = 709.11
TBM #2: Railroad spike on the
south side of a power pole on
the east side of the northbound
frontage road of U.S. Hwy. 75
approximately 1115 feet north
of F.M. 455 (White Road).
Elev. = 726.39
GRAPHIC SCALE IN FEET
60' 0 30' 60' 120'
1" = 60' @ 24X36
VICINITY MAP
cR 370
U
CR 370
ANNA
o
3 /SITE
FM 455 (WHITE ST) _
■
x
ZI
�I'a
LU I I
I= 0I
GENERAL NOTES:
LU
CD 0 N I
w4 1
�-�, W
1. All corners set are monumented with a 5/8 inch iron rod with red plastic cap
stamped "KHA", unless otherwise noted.
2. All bearings shown are based on grid north of the Texas Coordinate System,
NAD83, North Central Zone 4202. All dimensions shown are ground distances.
To obtain a grid distance, multiply the ground distance by the Project Combined
Factor (PCF) of 0.999856573. Vertical Datum NAVD 88.
®
3 See Sheet 2 for Curve and Line table
N84°25'07"E 279.38' BLOCK A
4. The intent of this easement is for it to be a maximum of 20 feet wide after the
/ improvements to U.S. 75. Future ROW of U.S. 75 shown per Notice of Lis
25' BUILDING SETBACK n v v
/ Pendens recorded in Instrument No. 20150331000350710, R.P.R.C.C.T.
* SEE NOTE 5* u r w
0 Z �� ° 01 CURRENT ZONING: 25' FIRELANE, ACCESS AND I I NON -SHADED ZONE X I /
`N� N p CURRENT ZONING: 12'x15' WATER PD 120-2003 DRAINAGE . EASEMENT o / 5. The intent of this building setback is for it to be a maximum of 25 feet wide after
M I REMAINDER OF CALLED 7.90 ACRES `fl v Ln N C-2 GENERAL COMMERCIAL EASEMENT I 5/6"IRsc I z the improvements to U.S. 75. Future ROW of U.S. 75 shown per Notice of Lis
Q SEMINOLE ANNA TOWN CENTER, L.P. (r I a Pendens recorded in Instrument No, 20150331000350710, R.P.R.C.C.T,
INST. NO. 20131125001577660 L I C / Q
R.P.R.C.C.T.
p / p 6. Any proposed development north of Wal-Mart Anna Addition Lot 1 Block A will
CID
20' LANDSCAPE AND WATER EASEMENT a I
"' z / require the extension of Throckmorton Boulevard a minimum of two lanes to the
* SEE NOTE 4 * ^�� 2 / ¢ W northern limits of the proposed development.
��. 4 gv� I� c / W O
LOT 4 P �, �u 2 WQ �mQ m I ' 0 = 7. As part of the final plat application, the property owner shall furnish the City of Anna with
by � / Q I O a copy of "Chief Partners Drainage Study" (Kimley-Horn and Associates, Inc., October
`� Q 20, 2014). This report was developed following City of Plano Storm Drainage Design
1.7322 ACRES y h Q/ W
75 455 SQ. FT. 20' x 20' DRAINAGE =ry Q, CO co a z Manual methodologies, as required by the City of Anna, to support not constructing a
0 0 ^ tv� _ / z detention pond on property. The report was reviewed and approved by the City of Anna
EASEMENT � 00 �/ m U) 1 on August 3, 2015.
N53°03'11"E O� ° C46 N o OZ °
J / / /
I- A=4°31'07" 31 '56'4 o <s E
1 G Y dL 0�O 0�6 50.50'6'49"E 51.5' FIRELANE, ACCESS, UTILITY w" Cq GIN � I /
R=489.50'
z U L=38.60' NN �ti AND DRAINAGE EASEMENT G�6 4 N89°46'13"W 193.33' / cn
w m CB=N55°18'44"E 30 ^� �p s( ^h W
R=335.00'
a w C=38.59' ��' 3^ ���° G L=352.47' / �ry Q
V t- N 55 ti3 24.0' 3 ' N89°46'13"W 193.33' G REMAINDER OF CALLED 107.52 ACRES I ((n w M z
N Z O o 5 0°'' CB=S30°22'17"W /
z w Z WATER so. 303^ .� 51.5' FIRELANE, ACCESS, L21 1.02' \17.44' C=336.44% / Q SEMINOLE ANNA TOWN CENTER, L.P. w Q 0 z
\ °� INST. NO. 20080128000100640 I OLL = Q 1= O
a w EASEMENT ti �(' 3^� \ UTILITY AND DRAINAGE \ / ��' IL a
5.00' J N Gti 3� EASEMENT o 15' WATER <� ^ ° R.P.R.C.C.T. LU U N
c a 5 N T 15' WATER \° // 4=56 2411 I O p O cU o
N w m N EASEMENT l� \ / Y u1 F- W N
SZ' 36' FIRELANE, ACCESS, 78) R, 24, 95.44' 50.84' 98.41' 41 27' IJ EASEMENT \ R=395.00 I U Y W d Z p
00�6 N ��� �06 10� L� C�3 UTILITY AND DRAINAGE �8' C'g,�`285.44"50, \ \ / I O w ? w a OWNER (LOTS 2-6, PT 1): OWNER (LOT 7, PT 1):
G V L=388.85 J w CO z
�G /�r , n 3� ° `� EASEMENT C 6Z°0 Z3' \ / CB-S28°25'S2"W I m U U Q Seminole Anna Town Center, LP Wal-Mart Real Estate Business Trust
L8 5$ 2Z 3'61„ C78 15.00' / ` Z) 5956 Sherry Lane, Suite 1250 2001 SE 10th Street
A, 6 L7 3N 6 6.31, W \ 10' UTILITY C=373.33' I- U Dallas, TX 75225-8089 Bentonville, AR 72716
,� 55 EASEMENT / OJ Ph: Ph:
v' 20 tic, R�1° N10°13'30"E /
O° g R=546.50' q 9.70' N79°55'16"W / ` Fax: Fax:
p O \ �`'�° L=43.10' 1981' I 606' S89°46'13"E 224.81' \ 30.84' REMAINDER 1 Contact: Contact:
T 0 ��- N 24.76' 25.00' 44,98, TRACT < > 20' x 20' DRAINAGE -�
/ I Email: Email:
y c�0 0 \ s <� �1 CB=S55°18'44"W LOT 5 I I 98 45' 215.11' cal o vp rs4 S49°37'03"W / piC Ois �� \ Oda �51 C=43.09' EASEMENT I I rn N o co 87.583 ACRES
yo �c9 �cS ma°o, 3�N�� 1.4604 ACRES A=12°09'20° I I �° I� to v W N ce, s��s' 69.97'
c s �° R=135.50' 1 1 LU s 3,771,543 SQ. FT.
46.0' ACCESS 3 v z G�78 3 32 S60°30'48"W I ��
0 63,615 SQ. FT. L=28.75' I R, a 2; Q 6.34'
EASEMENT l l- Q Q 4. 7> 7, �•.
HIGHWAY75ACCESSEASEMENT CB=N4°08'50"E oo I I I`� I"� LOT6 wo M s82sso �(` A� °30lt,(
LEGEND
BOUNDARY LINE
EASEMENT LINE
BUILDING LINE
IRF
IRON ROD FOUND
IRFC
IRON ROD FOUND WITH CAP
IRSC
IRON ROD SET WITH CAP
IPF
IRON PIPE FOUND
NTS
NOT TO SCALE
(C.M.)
CONTROLLING MONUMENT
FND.
FOUND
B.L.
BUILDING LINE
P.R.C.C.T.
PLAT RECORDS OF
COLLIN COUNTY, TEXAS
R.P.R.C.C.T.
REAL PROPERTY RECORDS
OF COLLIN COUNTY, TEXAS
XS
"X" CUT IN CONCRETE SET
XF
"X" CUT IN CONCRETE FOUND
P.O.B.
POINT OF BEGINNING
\ INSTR. NO. 20131121001568290 C-28'69 LO L)I I 1� � z
l0 1.5800 ACRES a
R.P.R.C.C.T. ~
o W Q Z rn C36 '� 5/8" IRSC
`9 Z I�h 68,824 SQ. FT. �- w �' v; TEMPORARY CONSTRUCTION EASEMENT 1 WAL-MART ANNA ADDITION
`o° REMAINDER OF CALLED 7.90 ACRES RING ROAD ACCESS EASEMENT _ _ 1 M LL � X
os G Q SEMINOLE ANNA TOWN CENTER, L.P. 1 _ �I J 17.5' SEWER ESMT. - u INST. NO. 20151103001390360
o�' ��� INST. NO. 20131125001577660 INSTR. NO. 20131921001568300 - - - - I 25' SEWER AND .4 P Q 0'w '0 S20017'15'W O.P.R.C.C.T. FINAL PLAT OF LOTS 1 - 7, BLOCK A
(� y R.P.R.C.C.T. T 139.61' WATER EASEMENT N S W A=29°21'56"
�� ��s �sF R.P.R.C.C.T. 46.01' I R=90.00' 62.23' 28,8356 ACRES
s � 244.65' �, o
\9c+ S87°10'40"W 384.26 5/s" IRSC REMAINDER OF CALLED 107.52 ACRES - 37'23" 3' I o
�5/8" IRSC 1 I Q SEMINOLE ANNA TOWN CENTER, L.P. LOT 7 CB=N16C745 2 11 \
I I INST. NO. 20080128000100640 co c4o 1.0035 ACRES a' UTILITY 1.9268 ACRES OUT OF THE
\ 20.5'FIRELANE AND ACCESS I R.P.R.C.C.T. 83,932 SQ. FT. _ ' THOMAS RATTON SURVEY ABSTRACT NO. 782
�l VOL. 2014, PG. 276 1 C39 43,712 SQ. FT. EASEMENTI CID I 0-11 °59'58°
goo° S56°53'34"W J C0 15' DRAINAGE N 54.0' 42.0'
I Io 15'x15'ELECTRIC I R=244.00 i W.S. RATTON SURVEY ABSTRACT NO. 752
I� Z ,
91 77' � 1� EASEMENT EASEMENT I
s \ LOT 1, BLOCK 1 I °, bo L=51.10' AND F.T. DUFFAU SURVEY ABSTRACT NO. 288
5/8" IRSC �� �CVS ANNA ADDITION CURRENT Z O N 1 N G: 0 I h WHITE ROAD FIRE LANE, UTILITY Z I / ,
o\ I I N L J �, CB=S7°56'24"E 20' PUBLIC UTILITY EASEMENT V 0-
s / VOL. 2014, PG. 276 C-2 GENERAL COMMERCIA o AND ACCESS EASEMENT � O INSTR. NO. 20150602000647450 • 0
to INSTR. NO. 20131004001385960 zY 11 W C=51.01 R.P.R.C.C.T. /� CITY OF ANNA, COLLIN COUNTY, TEXAS
\/ P.R.C.C.T. I N R.P.R.C.C.T. p U LU O
WOODEN HWY. BOLLARD �� / I I 0 I _ I N W 15' DRAINAGE EASEMENT L` OCTO B E R 2015
BRS. N26'22'W, 0.49' - 24' FIRELANE AND ACCESS O CALLED 0.006 ACRE pp ,, I W - INSTR. NO. 20150602000647440 20' U.E. Q W
ALUMINUM I STATE OF TEXAS 6�-- - --587°21'40"E 188.05' b N I - I ` R.P.R.C.C.T.
\ VOL. 2014, P, .276 - N R.P. .C.C. PG. 294 W O
TXDOT MON. \ I 1
z INST. NO. 20111117001250980 J C - - - - - Iro N N - - - - - - - - - _ _ _ R.P.R.C.C.T. M O Q
\ FND. \ - I R.P.R.C.C.T. L_-L16--_-_- - - - - - ° - - - �- - - - - - - - - - _ _ _ _ - - ' o N U
LO
\ I o - - - - - - - - L17 N87°21'40"W 189.25' o _ _ _
5/8" IRF I \ \ I o1-- - -- - - - -- - - - - - - -
0 25' BUILDING SETBACK I I
EASEMENT - - 25' BUILDING SETBACK _ - - - - - _ - - - - - -
- � I � Z
1/2" IRF BRS. 4, PG. 276 =z Kiom e >>>Horn
1.24' 96.00' - - ■-- �- - - _ \
N26°1TW,2.07'� \ - L- - - - 169.65' N88°02'21"E 144.37 - - -! -°
ALUMINUM TXDOT g7.56' ° , „ 1 S86°53'28"E 211.81' ' _ v 5750 Genesis Court, Suite 200 Tel. No. (972) 335-3580
�� 1 t MON. FND. S88 02 21 W 265.65 \ 1/2" IRF
Al i IKAIKu IKA TYnnT � � -� - - - - ....roo4Yl1"F 98.80 R 5/8" IRS j� Frisco, Texas 75034 FIRM # 10193822 Fax No. (972) 335-3779
L 1/2" IRFC POINT OF BEGINNING
MON. FND T131111111,
5/8
1/2" (GEER4117)
1/z" IRFC 0=0°57'40" 20' WATER AND
ALUMINUM TXDOT _ - - - - - - (GEER 4117) R=5060.00' UTILITY EASEMENT
MON. FND. CALLED 0.116 ACRE CALLED 0.007 ACRE L=84.89' S85°33'01 "W
STATE OF TEXAS STATE OF TEXAS o , „ ,
ALUMINUM TXDOT MON. FND. CALLED 0.13E AE VOL. 3927, PG. 991 INST. NO. 20120723000890530 CB=S89 13 04 W 98.8E
1U IRF BRS. S86 MOO. 1. D. STATE 0. TEXAS R.P.R.C.C.T. R.P.R.C.C.T. C=84.89' 20' W.E. CALLED 0.061 ACRE CALLED 0.018 ACRE
5/8' IRF BRS. N72'45'E, 1.49' CALLED 0.167 ACRE CAUSE NO. 0047592012 CALLED 0.035 ACRE INSTR. 7NO.40 STATE 00 TEXAS STATE OF TEXAS
STATE OF TEXAS INST. NO. 2012092000118228E F. M. 455 (WHITE ROAD) STATE OF TEXAS 2007020800018474E INST. NO. 2012071800086849E INST. NO. 2012071800086931E
NOTICE OF LIS PENDENS R.P.R.C.C.T. R.P.R.C.C.T. R.P.R.C.C.T. R.P.R.C.C.T.
INST. NO. 2012021500017167E INST. NO. 2012060800068411E XF CALLED F TEXAS
ACRE
R.P.R.C.C.T. VARIABLE WIDTH RIGHT-OF-WAY) R.P.R.C.C.T. 1LSIRFC
STATE OF TEXAS
10' W.E. ( 1/2" IRF (RPLS5310)
ALUMINUM TXDOT VOL. 709, PG. 858 R.P.R.C.0 T 12071800086878E
MON. FND. R.P.R.C.C.T. - - - - - _ - _ ALUMINUM TXDOT ��
- - - - - - - - - - _ - - - �'� -7 - MON. FND. - - - - - - _
ALUMINUM TXDOT _ _ _ _ _ _ _ - - - - - - - ALUMINUM
/ - - LOT 1, BLOCK AC CURRENT ZONING:5 MON. FND. LOT 2R-A, BLOCK A CURRENT Z O LOT 2R-B, BLOCK A - \ TXDOT MON.
ALUMINUM TXDOT - 15' x 15' S.S.E. N / N G: PKF I LOT 2R-C, BLOCK A FND.
MON. FND. LOVE'S COUNTRY STORE ADDITION C-2 GENERAL COMMERCIAL (M-465) 20' W.E. (M-465) ANNA RETAIL ADDITION C-2 GENERAL ANNA RETAIL ADDITION I ANNA RETAIL ADDITION
V/ CABINET M, PAGE 465, P.R.C.C.T. I VOLUME 2010, PAGE 57, P.R.C.C.T. COMMERCIAL VOLUME 2010, PAGE 57, P.R.C.C.T. I VOLUME 2010, PAGE 57, P.R.C.C.T.
Non -Residential Lot Table
Lot No.
Acreage
1
18.5774
2
1.1950
3
1.3603
4
1.7322
5
1.4604
6
1.5800
7
1.0035
ROW DEDICATION
1.9268
Gross Acreage
28.8356
0 o Scale Drawn by Checked by Date Protect No. Sheet
W N
o 'IT CO a' v
co O m 1"=60' APS KHA 03/29/2016 063362278 1 OF
¢� [0 6
m N No
0)
Cl) Cl) DUCT IKAIKIADV
VARIANCE NOTES:
1. Centerline radius of proposed 80'
right-of-way is 365'.
a
m
N
Lo
0
0
N
rn
M
W
z
z
CO
0
N4►[;1:7t10►[611111*5
OWNER'S CERTIFICATE
STATE OF TEXAS §
COUNTY OF COLLIN §
WHEREAS Q SEMINOLE ANNA TOWN CENTER, LP and WAL-MART REAL ESTATE BUSINESS TRUST are the sole owners of the following
described tract of land:
BEING a tract of land situated in the Thomas Ratton Survey, Abstract No. 782, and the W.S. Ratton Survey, Abstract No. 752, City of Anna, Collin
County, Texas, and being a portion of a called 107.52 acre tract of land described in the deed to Q Seminole Anna Town Center, L.P., recorded in
Instrument No. 20080128000100640, Real Property Records of Collin County, Texas, and a portion of a called 7.90 acre tract of land described in
the deed to Q Seminole Anna Town Center, L.P., recorded in Instrument No. 20131125001577660, said Real Property Records, and all of a called
18.551 acre tract of land described in the deed to Wal-Mart Real Estate Business Trust, recorded in Instrument No. 20150602000647410, said Real
Property Records, and being more particularly described as follows:
BEGINNING at a 5/8 inch iron rod with plastic cap stamped with "KHA" set on the southerly line of said 107.52 acre tract and on the northerly
right-of-way line of F.M. 455 (White Road), from which the southeast corner of said 107.52 acre tract bears North 88°02'21" East a distance of 144.37
feet, South 86°53'28" East a distance of 211.81 feet, and South 79°25'49" East a distance of 46.42 feet, said southeast corner of said 107.52 acre
tract being monumented by a 1/2 inch iron rod that bears North 00°14' East a distance of 0.36 feet;
THENCE South 88°02'21" West, along the southerly line of said 107.52 acre tract, and along the southerly line of said 18.551 acre tract, and along
the northerly right-of-way line of FM 455, a distance of 265.65 feet to a 1/2 inch iron rod with plastic cap stamped "GEER 4117" found for corner;
THENCE South 85°33'01" West, continuing along the southerly line of said 107.52 acre tract and along the northerly right-of-way line of FM 455, a
distance of 98.80 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner at the beginning of a non -tangent curve to the left having a
central angle of 0°57'40", a radius of 5060.00 feet, a chord bearing and distance of South 89°13'04" West, 84.89 feet at the east end of a called 0.006
acre tract of land described in the deed to State of Texas, recorded in Instrument 20111117001250980, said Real Property Records;
THENCE in a southwesterly direction, along the northerly line of said 0.006 acre tract and with said curve to the left, an arc distance of 84.89 feet to a
TxDOT aluminum right-of-way monument found for corner acre tract at the end of said curve and at the northwest corner of said 0.006 acre tract,
common to the northeast corner of a called 0.007 acre tract of land described in the deed to State of Texas, recorded in Instrument No.
20120723000890530, said Real Property Records, and on a westerly line of said 107.25 acre;
THENCE North 1 °00'23" West, along a westerly line of said 107.25 acre tract a distance of 189.47 feet to a 5/8 inch iron rod with plastic cap stamped
"KHA" set for corner at the northeast corner of Lot 1 in Block 1 of CVS Anna Addition, an addition to the City of Anna according to the plat thereof
recorded in Cabinet 2014, Page 276, said Plat Records, common to the southeast corner of said 7.90 acre tract;
THENCE South 87°10'40" West, along the south line of said 7.90 acre tract, and along the northerly line of said CVS Anna Addition, a distance of
384.26 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner;
THENCE South 56°53'34" West, continuing along the south line of said 7.90 acre tract, and along the northerly line of said CVS Anna Addition, a
distance of 91.77 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner at the southwest corner of said 7.90 acre tract, common to
the northwest corner of said CVS Anna Addition and on the easterly right-of-way line of U.S. Highway 75, from which a TxDOT aluminum right-of-way
monument found at an angle point in said right-of-way line bears South 33°05'36" East a distance of 42.59 feet;
OWNER'S CERTIFICATION
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS
THAT Q SEMINOLE ANNA TOWN CENTER, LP, and WAL-MART REAL ESTATE BUSINESS TRUST, acting herein by and through their duly authorized
officers do hereby adopt this plat designating the hereinabove described property as WAL-MART ANNA ADDITION, an addition to the City of Anna, Texas,
and does hereby dedicate, in fee simple, to the public use forever, the streets and alleys shown thereon. The streets and alleys are dedicated for 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 for the mutual use and accommodation of all public utilities desiring to use or using the same unless the easement limits the use
to particular utilities, said use by public utilities being subordinate to the public's and City of Anna's use thereof. The City of Anna and public utility entities shall
have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs, or other improvements or 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 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 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 they 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 but not limited to the parking 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 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 utility easements to be maintained free and unobstructed at all times for Fire Department and emergency use.
The undersigned does covenant and agree that the access easement may be utilized by any person or the general public for ingress and egress to other real
property, and for the purpose of General Public vehicular and pedestrian use 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, and across said premises.
This approved subject to all platting ordinances, rules, and regulations of the City of Anna, Texas.
WITNESS, my hand at this the day of 20
Q SEMINOLE ANNA TOWN CENTER, LP
L:�
Signature
STATE OF TEXAS §
COUNTY OF COLLIN §
KNOW ALL MEN BY THESE PRESENTS
That I, Michael B. Marx, do hereby certify that I prepared this plat and the field notes made a part
thereof from an actual and accurate survey of the land and that the corner monuments shown
thereon were properly placed under my supervision.
Michael B. Marx
Registered Professional Land Surveyor
Texas Registration No. 5181
Kimley-Horn and Associates, Inc.
5750 Genesis Court, Suite 200
Frisco, TX 75034
(972) 335-3580
michael.marx@kimley-horn.com
STATE OF TEXAS §
§
COUNTY OF §
Before me, the undersigned authority, a Notary Public in and for said County and State, on this day
personally appeared Michael B. Marx, known to me to be the person whose name is subscribed to
the foregoing instrument and acknowledged to me that he/she executed the same for the purpose
and considerations therein expressed.
Given under my hand and seal of office, this
.20
otary Public in and for the State
Name and Title
Printed Name
STATE OF TEXAS §
THENCE North 33°05'36" West, along the westerly line of said 7.90 acre tract and along the easterly right-of-way line of U.S. Highway 75, a distance §
of 355.02 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner; COUNTY OF
§ My Commission Expires
THENCE North 6°31'14" West, continuing along the westerly line of said 7.90 acre tract and along the easterly right-of-way line of U.S. Highway 75,
passing en route at a distance of 67.43 feet a 5/8 inch iron rod with plastic cap stamped "RPLS 5199" found for witness, and continuing on said
course a total distance of 205.30 feet to a point for corner from which a 5/8 inch iron rod found for witness bears South 25°39' West a distance of 0.61
feet;
THENCE North 1 °54'12" East, continuing along the westerly line of said 7.90 acre tract and along the easterly right-of-way line of U.S. Highway 75,
passing en route at a distance of 96.88 feet the northwest corner of said 7.90 acre tract, common to the western -most southwest corner of said
107.25 acre tract, from which a'/2 iron rod found for witness bears South 85°40' West a distance of 0.59 feet, and continuing on said course and
along the westerly line of said 107.25 acre tract a total distance of 200.62 feet to a point for corner, from which a 5/8 inch iron rod bears 0.32 feet;
THENCE North 7°36'50" East, continuing along the westerly line of said 107.25 acre tract and along the easterly right-of-way line of U.S. Highway 75,
a distance of 253.78 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" for corner;
THENCE South 89'46'13" East, departing the westerly line of said 107.25 acre tract and the easterly right-of-way line of U.S. Highway 75, crossing
said 107.25 acre tract, passing en route at a distance of 59.95 feet the western -most northwest corner of aforesaid 18.551 acre tract, and continuing
along the northerly line of said 18.551 acre tract, a total distance of 269.27 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner;
THENCE North 00°13'47" East, continuing across said 107.25 acre tract and along the northerly line of said 18.551 acre tract, a distance of 13.00
feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner;
THENCE South 89°46'13" East, continuing across said 107.25 acre tract, and along the northerly line of said 18.551 acre tract, a distance of 452.85
feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner;
THENCE North 00°13'47" East, departing the northerly line of said 18.551 acre tract, and continuing across said 107.25 acre tract, a distance of
86.00 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner;
THENCE South 89°46'13" East, continuing across said 107.25 acre tract, a distance of 558.17 feet to a 5/8 inch iron rod with plastic cap stamped
"KHA" set for corner;
THENCE South 00°13'47" West, continuing across said 107.25 acre tract, a distance of 601.80 feet to a 5/8 inch iron rod with plastic cap stamped
"KHA" set for corner at the beginning of a tangent curve to the right, having a central angle of 56'24'11", a radius of 395.00 feet, and a chord bearing
and distance of South 28°25'52" West, 373.33 feet;
THENCE continuing across said 107.25 acre tract, and with said curve to the right, an arc distance of 388.85 feet to a 5/8 inch iron rod with plastic
cap stamped "KHA" set for corner;
THENCE South 20°1 T15" West, continuing across said 107.25 acre tract, a distance of 62.23 feet to a 5/8 inch iron rod with plastic cap stamped
"KHA" set for corner at the beginning of a tangent curve to the left, having a central angle of 11 °59'58", a radius of 244.00 feet, and a chord bearing
and distance of South 7°56'24" West, 51.01 feet;
THENCE continuing across said 107.25 acre tract, and with said curve to the left, an arc distance of 51.10 feet to a 5/8 inch iron rod with plastic cap
stamped "KHA" set for corner;
THENCE South 01 °56'25" East, continuing across said 107.25 acre tract, a distance of 110.88 feet to the POINT OF BEGINNING and containing
28.8356 acres (1,256,077 square feet) of land, more or less.
LINE TABLE
NO.
BEARING
LENGTH
L1
S33°06'10"E
49.98'
L2
S10°13'30"W
18.21'
L3
S01 °55'50"E
79.35'
L4
N59°46'13"W
29.44'
L5
NO2°38'20"E
15.00'
L6
N59°46'13"W
29.44'
L7
N79°23'50"E
19.06'
L8
S57°27'47"W
21.76'
L9
N33°05'36"W
17.55'
L10
S41°30'09"E
81.77'
L11
S41030'09"E
92.44'
1_12
S00°1347"W
94.00'
LINE TABLE
NO.
BEARING
LENGTH
L13
S00°13'47"W
108.83'
L14
S01°56'25"E
14.80'
L15
S01°56'16"E
136.58'
L16
S88°06'58"W
61.43'
L17
S85°25'46"W
21.69'
L18
N01°56'25"W
61.08'
L19
N01°56'25"W
112.99'
L20
S00°13'47W
33.12'
L21
N89°46'1YW
15.00'
L22
S00°13'47"W
36.93'
L23
N00°13'45"E
42.84'
L24
S00°13'45"W
36.60'
LINE TABLE
NO.
BEARING
LENGTH
L25
S89°46'13"E
37.78'
L26
N00°13'47"E
2.50'
L27
S89°46'13"E
15.00'
L28
S00°13'47"W
15.00'
L29
N89°46'1YW
15.00'
L30
N00°13'47"E
2.50'
L31
N89°46'13"W
37.78'
L32
S00°13'47"W
30.00'
L33
S89°46'13"E
20.00'
L34
N00°13'47E
30.00'
L35
N89°46'13"W
71.25'
L36
N89°46'13"W
70.38'
Before me, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared
Q Seminole Anna Town Center, LP, known to me to be the person whose name is subscribed to the foregoing instrument and acknowl� ,.,_
he/she executed the same for the purpose and considerations therein expressed.
Given under my hand and seal of office, this
Notary Public in and for the State of Texas
Printed Name
My Commission Expires
day of
WITNESS MY HAND at this the
WAL-MART REAL ESTATE BUSINESS TRUST
a Delaware statutory trust
BY:
Signature
Name and Title
STATE OF §
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 and acknowledged to me that he executed the same for the purpose and
consideration therein expressed.
Given under my hand and seal of office this the day of 20
NOTARY PUBLIC in and for the STATE OF
CURVE TABLE
NO.
DELTA
RADIUS
LENGTH
CHORD BEARING
CHORD
C1
90°00'01"
309.00'
485.37'
S44°46'14"E
436.99'
C2
56°26'34"
30.00'
29.55'
N28°27'03"E
28.37'
C3
56'27'11"
30.00'
29.56'
S27°59'49"E
28.38'
C4
86°42'42"
30.00'
45.40'
S46°24'57"E
41.19'
C5
130'07'10"
30.00'
68.13'
S65°1T21"W
54.40'
C6
40°07'12"
55.00'
38.51'
N69°42'40"W
37.73'
C7
32°32'20"
30.00'
17.04'
S73°57'38"W
16.81'
C8
40°07'09"
30.00'
21.01'
S69°42'39"E
20.58'
C9
40°07'09"
55.00'
38.51'
S69°42'39"E
37.73'
C10
54'00'15"
30.00'
28.28'
S27°13'54"W
27.24'
C11
25-24'52"
54.00'
23.95'
N12°56'12"E
23.76'
C12
25°24'52"
30.00'
13.31'
N12°56'12"E
13.20'
CURVE TABLE
NO.
DELTA
RADIUS
LENGTH
CHORD BEARING
CHORD
C13
32°32'20"
55.00'
31.23'
S73°57'38"W
30.82'
C14
64°35'08"
50.00'
56.36'
N57°56'12"E
53.42'
C15
64°35'08"
75.00'
84.54'
N57°56'12"E
80.14'
C16
89°59'51"
30.00'
47,12'
N44°46'09"W
42.43'
C17
88'10'52"
50.00'
76.95'
N81°40'32"W
69.58'
C18
45-48-20"
229.33'
183.34'
N64°52'47"W
178.50'
C19
12°09'20"
89.50'
18.99,
SO4°08'50"W
18.95'
C20
0°56'20"
360.34'
5.90'
S43°53'21 "E
5.90'
C21
32'15'42"
30.00'
16.89'
S69°1210"W
16.67'
C22
4°31'07"
499.96'
39.43'
N55°18'44"E
39.42'
C23
4°31'07"
536.00'
42.27'
N55°18'44"E
42.26'
C24
72°28'45"
20.00'
25.30'
S21°19'55"W
23.65'
CURVE TABLE
NO.
DELTA
RADIUS
LENGTH
CHORD BEARING
CHORD
C25
32°32'20"
30.00'
17.04'
N73°57'37"E
16.81'
C26
40°32'31"
30.00'
21.23'
N69°57'32"E
20.79'
C27
57°48'50"
54.00'
54.49'
S28°40'38"E
52.21'
C28
57°48'50"
30.00'
30.27'
S28°40'38"E
29.00'
C29
57°48'50"
30.00'
30.27'
N28°40'38"W
29.00'
C30
57°48'50"
54.00'
54.49'
N28°40'38"W
52.21'
C31
41°14'58"
202.00'
145AS
N22°33'53"W
142.31'
C32
60°1T02"
365.00'
384.04'
S30°22'18"W
366.57'
C33
90°00'00"
30.00'
47.12'
S44°46'13"E
42.43'
C34
60°48'52"
30.00'
31.84'
S28°28'01 "W
30.37'
C35
18'11'42"
60.00'
19.05,
N07°09'26"E
18.97'
C36
18'11'42"
30.00'
9.53'
S07-09'26"W
9.49'
day of
CURVE TABLE
NO.
DELTA
RADIUS
LENGTH
CHORD BEARING
CHORD
C37
89'38'18"
30.01'
46.95'
S47°06'25"E
42.31'
C38
33'51'11"
30,00'
17.73'
N14'59'11"E
17.47'
C39
21 °02'23"
30.00'
11.02'
S08°34'47"W
10.95,
C40
20°54'52"
30.00'
10.95'
N08°38'32"E
10.89'
C41
38'22'19"
30.00'
20.09'
N21°07'34"W
19.72'
C42
32'32'19"
55.00'
31.24'
N73°57'35"E
30.82'
C43
30°00'00"
75.00'
39.27'
S74°46'13"E
38.82'
C44
30°00'00"
50.00,
26.18'
S74°46'13"E
25.88'
C45
120°00'00"
30.00'
62.83'
S60°13'47"W
51.96'
LC46
30°00'00"
55.00'
28.80'
N74-46'13"W
28.47'
1. All corners set are monumented with a 5/8 inch iron rod with red plastic cap
stamped "KHA", unless otherwise noted.
2. All bearings shown are based on grid north of the Texas Coordinate System,
NAD83, North Central Zone 4202. All dimensions shown are ground distances.
To obtain a grid distance, multiply the ground distance by the Project Combined
Factor (PCF) of 0.999856573. Vertical Datum NAVD 88.
OWNER (LOTS 2-6, PT 1):
Q Seminole Anna Town Center, LP
5956 Sherry Lane, Suite 1250
Dallas, TX 75225-8089
Ph:
Fax:
Contact:
Email:
OWNER (LOT 7, PT 1):
Wal-Mart Real Estate Business Trust
2001 SE 10th Street
Bentonville, AR 72716
Ph:
Fax:
Contact:
Email:
WAL-MART ANNA ADDITION
FINAL PLAT OF LOTS 1 - 7, BLOCK A
28.8356 ACRES
OUT OF THE
THOMAS RATTON SURVEY, ABSTRACT NO. 782,
W.S. RATTON SURVEY, ABSTRACT NO. 752
AND F.T. DUFFAU SURVEY, ABSTRACT NO. 288
CITY OF ANNA, COLLIN COUNTY, TEXAS
OCTOBER 2015
}
m
0
W
01
CITY OF ANNA, TEXAS
Item No. 5j
City Secretary's use only
City Council Agenda
Staff Report
Date: April 12, 2016
Staff Contact: Maurice Schwanke
Exhibits: Yes.
AGENDA SUBJECT:
Approve a Resolution on a Preliminary Plat for Anna Crossing Amenity Center.
SUMMARY:
A preliminary plat has been received on approximately 3.842 acres of land
located south of Sharp Street and west of Leonard Drive. The western portion of
the tract will be used as the Amenity Center which will service the Anna Town
Square plats (Anna Crossing PH 1-4). Following this agenda item is a final plat
submittal for the western portion.
The Planning and Zoning Commission recommended approval of the preliminary
plat with the conditions of staff recommendations at their meeting April 4, 2016
meeting. The vote was unanimous.
STAFF RECOMMENDATION:
Approval of Resolution
CITY OF ANNA, TEXAS
RESOLUTION NO. 2016-04-
(Anna Crossing Amenity Center — Preliminary Plat)
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A PRELIMINARY PLAT
OF ANNA CROSSING AMENITY CENTER.
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 Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and
WHEREAS, Anna Town Center No. 4/SHRP, Ltd has submitted an application for approval of
a preliminary plat of the Anna Crossing Amenity Center;
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 preliminary plat of Anna Crossing Amenity Center
attached hereto as Exhibit 1.
PASSED AND APPROVED by the City Council of the City of Anna,
of April, 2016. jo"mNl%
ATTEST:
10
Carrie Smith, City Secretary
APPROVED:
Texas, on this 12t", day
Mayor, Mike Crist
SITE
WARNER DRIVE
422
ST.
%�_.___
x„z ic�F ,a ra}d/9.�lrt♦
`♦♦
, 5 , ��8 � \ 5
TL
/1 1 `�
FI
��-
rxrif�. r ry
YN °331-:J fc[R
1 1L a1�n \ 1
�\
li x 41
�_
`\ \\ '�
I
♦
♦
�iaD
Lk3r&A `'
1 1 , tl fiiYffl 4 e-n C.�i3R a`ce y4
r815jV-cJ-+rY .....
t Y l
I 5
,,
I
h 4
�' Pa eqa wk
\ A,., h., r r: !• fjY�]? Ltd
�drr
I"/ znrrrmAolc'mw" ca
�
\ 5 _
1f2 17
t
♦ � � X 1 ,yC l -�lC.oirq .0Las`
\C 01sr ttQre i a�ilif�{� 11 f„r/,vrrtm>O7rp;6r)k} ctrR \\ 1
f l Y i tAn vis A� cf?R 5 ry
7 yr�J-rq -.aL tl As,r N d \a cs'` 1Op. cr
Aas'.r-°i ,g
a 0
1?'i`cF"'
![rut,-arrd) 1
POINT OF
BEGINNING i
Q Pi7�
m:/xnrxrPJrzns7ro, cna
Lpt 2, Block Ili 11
I ` 1 2.883 Ades 4 1
Lot 1, B�ock'1 II LL, vv
0.45E Acre ��_ Prescrce, ft>R- af-rzy fa 1 r set �asrely r, v
'frYbe�a`ndseLb`V4-421
aiT. �: ess2
Road 422
/r✓-� dsiyt,�.rd RMX ldshkf
C-'may 37r_ e
Yd W"P9. J565. {LA
4
WTES
1) S-e Lonny is bases cn Gn racy es at,,-W on J.ay 31, 2011
1c 4 P SI SITE
2) lAs PA Yes bey, performed w'e .A lM Lenore of a TA', Carrr,t L As pa perEes ae a Veal to
q
d
u:y ant aA ra5c-e+2! .heG# N rot a r 4
f
L-Furey sue
3) STD;«t Tracart'1 O dlxtr4 ty ony via or mte% deta7a --.crU " aver mV tl t are
B
shae� m u of put aF fk r &d Plot Wo, as Put d a t..a .d^mV y r p11L
?
4) No part or De. n,Lyect nee 'IN. a S del stood Ht J Area c:rdated Ly Ilk' -year flood
per Wp Na. 48C85Nt60 J of V< F.E. VA Ebod to —, Ra_, VVI for CO4. Caw '. Tws and
lam,pa�ato-1 Hew daW Jwt 2. 2003 (Zane %) W. Trod stals�w,t does rot imp} Uet tee pro"
C Ity
nary' sWcl4es 0 be to. from fwodt.g ar f�cad 4ara, . On accasdc fora foods - a d -W
.rid 4 1
acne w6 fbo6 Frxyhta rmy to co d by mr.- �$ or-ra4ad runts 1Tis >L,' ^.i Shan not
treat• lob,Ity en the port a1
VICINITY MAP
N.T.S.
3) Taparp� S .1 0., on let 4 " ed A g i 2013. A^ oaks e� 16- 1� , cKt U t
2ne «e rot refeafed a, u, «nw,rs_
s "&49•e
6, 16'
v
4
Orr N'$ CfAT7EA"_414
STATE OF TLYIS §
COUNTY OF COHAN §
1 x1Ef2EA5 A— room Center Net. t/sHRP, LLd is the a-- of a tract of h^d sawsd in the State of Teas.
C'y of Cn1'4y and Cdy of Mna, be:rq part of the Crand- Stork Swvey, Mstratt No, 798, V q port of o csfed
t1,41 129.92 we tract (Tract t) as recorder is Vekxre Wt. Page 2W0 of the Co'En Cavnly Larvd Ran ecords d Pert of
the pros eptve right-ot-w 1 for C"ty Road 422 (To he abandoned by ire. Nat) rich said premises bxn mare
PAr _taly desaaZed as forh.s:
BEDNN.NG at a Ctrs copped iron rod set k, Vs o-Mg south right-of-+oy Fne of Sharp Street (60'
Rghl-af-Way) marking Ue s threst ceraer of sad pre"',see' Uw northeast soma of o 0.009 we tract of laM as
1 rooadod under Document Net. 2014£1t44012487M of U. Cosa Cw',y Lord Hecads, M'rq in the narth Erie of a
L coiled 37005 «re trod as recorded h v.!,,.s cm, Page 3%6 or lF.e Co a C_x y tans Records, u�nq in the
s Lh Ere of Vs fat (1,,C-fter referred to as 1Ne 'R,ghl-of-Wry Dad"-UO, tat') ca sho on Lh4 Find F,et of Hma
Crossing Phase lA It $8 Right-af-Way DCd,Calen (uve,:ardzd ad,4Gai}, and te;ng the begn N at a non-lorger;t
cure to Ve left;
_ THENCE Vth the soAh r,ghl-of-ray €ne of Sharp Streit, the nsrth Eno of sad premises, L" w-Lh Fne of sa-0
R-ot-f-Wq OedRaton Lot, and parivq VU, Us currey south the or a 0.M1 acre tract as recorded under
patument fh, 20141007001O96430 of the 1a11 1" Land Records as 100--
3
Nth —.I" day -A curie Ihrnagh a c6,V.I eryfe of 31'4722' for an arc dsty t of 29CO6 feel and
rodus of SM 00 feet (arid = North 64'42'SS` lost, 29030 feet) to a Glas wPped iron rod
f.-I marling Us end of sold rune;
\ F:.vU 18'49'13' East, 91.16 feet to a Gras wpp?d 'van rod icuri rrar{;r.g the saN:resl wrxs at sold 0.351
1 «re tract and Nhg tut, begining of a curve to ire C,ght:
F1orUeasler£y donq said verve VA o gh a central angle of 4TM'S8' for an arc dslonce of 391.01 feet and
haring a ro5A of 470.00 feel (chord = North 7239'12' €Est, 379.83 reel) to a Gas capped iron rad
\ found at the end of sold curve,
1 Sou'J, 8T30'49' Cast, 128.60 feet to a Glas copped 'eon rad found;
So tut 3TOG'58' Cass, 14.269 feet to a Glas capped iron rod fos.-rid la the vest rxrht-f- y fir_ of Leotard
skive (120' KgFt-of-Noy) rr4,k� ,j Ur_ mast casterly rsrthcast earner of said premats, Ira soNl,easl
Ro y+ co ne al said 0.351 acre tact, a1 inteC,,x comer of said Nghl-of-Way Dedaaton to[, being in a hest
Ire of a 5.648 we tot as recorded under Document No. 2014072MI70350 M Ur Co:3n County
� €.and Rnrords and bt'a, the bt 'm of aHaut-ta nl curt to U,e k -
r 9 9 .1 nge R
THt1iCL rith Ue east Fee of saA premises, o vest Fne of sa;d 5048 we bxL psrteay r:th the •ell
FS� Gcyo'[Q4 right�f-vq T-ne of Leorord N) ,e, and W-f rith o rest 6ne of vsid RV-0-xoy 06f tco 1-at as fo-l�rs-
`,1` SourJ.esterFj c:vnq sold cone Ihry gut a central arq!e of S24'58' for an arc d;star,ce of 9847 feet and
1 t It harnq a r Sivs of 1,660.00 feel (cf-d = Sr h O3'23'51' West, 9396 feet) to a C7as t pied iron rod
frvxd mnrkrq the end of sold one;
�-' L 1 So- th Ot'41'22' West, poss rq a Gros copped Yon rod 10 3 of 176.93 feet marking Ue mast eastery savUh I.
owner of a 5048 acre Trod, from +Fish a Gras copped iron rod farr3 at the sau0:,esl earner of sal
t 129.92 acre trot tzars North SS19'S7' Nest, 3,091.89 feel, and wnti V g for a nce fotai &staof 195.39
y leet to a O s capped irw rod set in the epproei to center of County Road 422 marking the so Abbe t
cornet of sad premises oM being in the Heath fee of the ororerrenti o4 37.005 we Voct, from +h%h a
i— G T �, �-inch eon red farm at Use northeast o mer of sad 37.005 atre tract beors South, W25'49' Lost,
yt A- r` I 6LIG ftt%
�A T}fHJ24Yc,lAYil, L�LY-�
THLIA'E with the apposimate center of Cowry Rand 422, the south Fee of sa'd pereses, urd the rwM fne of
said 37005 acre trot[, North WM49" W.,k 819.14 feet to the pond of bcgr>;,ing and-t.,;,g 3842 acres of
tond-
P�
eta./ 1V."S2]!h>.rUr]Lut
OANER'S DEDICATION A ACKNOhVED EVENT
STATE OF 7T7.13 §
COUNTY Of COLIm §
NOW, THEREFORE, KNOW ALL WEN BY THESE PRESENTS:
"T Anna Yawn Center Ha 4/SNAP, Ltd. ocl'rg hereo by and Ut"N it's day a Uwnud olfcem. does hereby
-
adapt th's put desiq cU'q the hsre'uaba,s descr2,W property as Anna CYvssirty dman[iy Cen7ef, on addtion to Ua
Gty of Mna. Teaas, and does hereby dedlcale, in fee s;mpie, to the pubic use foreNer, the streets and oNcys shorn
thereon The streets nod a]L-A are dedcaled for sleet pepoxs- Tee eazerreots and pub[c use areas as shown, are
dedeated for the pubEe use farrier, for tht p-,T-. 'Rated on th:s pat In oMb., army easements mq also be
used for thz mot d use cad occanmodatan of di pubrs ut]UUes des'Grg to use or using the same -less Ue
easement farts the use to pw hOor ut'GGe9, said use by PlYa LUtes being suhord'nale to the Pubic s and City of
Anna's use the't.f. The My 0 Mrs a,d prbF utMy enb't s oho!€ have Ue 69M to remre and keep _moved a1 or
parts of airy buxd,r,gs, fences, trees, sl-bs, or other 'rrgxavener=ts or grovtts +h,ch mq in a y -,y eodoNer or
interfere with the construction, mintera,ce, or efficiency of tle,? respcative systems in said easemens. The Gty of
N�rs, yizy-,(rr r_
Mna -11 P'l,k utety retort Shari et of limes Fair the fu1[ C,shi of inyrt s and egress to or Irvin their rsspeetne
C.r y 3_WSJS Airs
easements for the Purpose of constn,ct;ng. recrostn ding, Insfw nq, pohrosnq, mn�ntatrasq, r-d-g meters- and
Cte/?Or?r1?S/Jir667JJ'J, CUR
oMog to or removing all ar parts of their respaWe systems v;thoA Ue roc ty at any time of procsrrirg
Pennssion fran .'vo e.
The undersignzd don covenant old agree that the occess easement may bet rtir,xed bA oay person or the 9e-d
P'Vo Tor rowels and egress to other real property, end fer the Fxpose of Caoeral P&tx vehicular and F,&sVss
use and uctess, and for fire Department and e:nerg^ncy use, in, along. upon, anal oaoss sIA remises, Vth the
right and pr',-ege at a!I tones of Us Gy of Av,a, its agents, employees, rorkr,,A arA «Presenlati es hang irgress,
eT-, and r,q a in, okay, opus, cmd across said parses
80' 160' 240,
1WV'w
l esead
ta. a..q +x none
ssx rn. aaa w ,se.
ti nee r..4
W fmHa �r�t I,N
That Us v,dersgned does hereby cwtnanl ad agree tMI: he (they) shad crostnnt upon lute Fee lone tosemtnts, as
de6cated oM sfwrn hereon, a hard s-dote and Us M_ (they) shed m,S tan V4 same in a state of good repo:, at
d1 Gmes and keep the sane Free and floor of coy sUw_Lwes, feces, trees, sho laA or ocher improvements u
obstruct-, ixlud'ng tut r»t Tmited to Us parking of motor vehicles, trailers, boats, or other impecr ends to the
access of Fve opporotus. The «aintenonce of paving on the fire lax easements is the fespons-41ty of t" orxr,
ant the O-W st�a1 Post and mama:+ opprop-te sigos v, tcoipoc :us places olorg such fie lines, staGrg 'F t
lor
e, No Parksy.' The V.Ec or Ns duly authorized representoWe is hereby autih.6-d to cause such fee lwrcs and
tMif easements to be manta''. ed free aM unobstructed of an t'l r far £Ye Oepertrr•ent and eo,ergaxy use
This approved lobed to all plalGry ord:-ces, toes, aA re,#.tons of Ue City of Anna, Texas
WITNESS, MY FLWD, this the day of
Br _ _. _
R,rhard Skorbwg, Repmsenta'v for
Mna To-n Cen4r No. 4/5HRP, Ltd.
Cunr Table
2016
Lyrae 7'able
LINE
SEARNG
WSTA1tE
Ll
N4B4913'E
91.16
L2
583'3O'49'C
12fi60'
t1
53906"58"E
148.29
L4
54Vi0'47"E
77.6T
L5
501'44)'G3-W
11559'
cumRADnsS
ARC LENGTH
CHORD Lk7.vJIH
CHORD BEARING
DELTA ANGIF
CI
5d0.O0'
294.06'
290-30'
N64'4Y55'E
31'47'22'
C
1M2'3411"E
4T39"58
C3
36EO.Iq'
98.97'
9&96'
S03.23'S1 `W
524'S8'
C4
64.t10'
47.86
46.75'
1 SI9.45'22'E
I 475049-
ALKNOAU_OGLVLNl
STATE OE TF)M §
Co0mY OF c0im §
KfORE WE. Ue undersigned oafharity, on this day personaly appeared Rimf�d Skorb,ap, known to me to be
U,e prism =rase name is subscribed to the faregc4ng i stnment, who ocknovfed}ed to me ",ad the same rai
e.ecuted for the puposes and considaat;on tk rein e.pressed_
GM UNM Wf MI) AND SEAL OF OFFICE, this the — d1y of _______. 2016
The State cl Te*as
STATE OF TM §
COLKIM OF HUNT §
THAT 1, 10o C1w, a Reg'stered Profess"'onol Lard Swve,or in U,e Stale of Tems. $a hereby comfy that I
prepared IN, p'al from on octuol aM accwale suety of the lord and that U,e o-er moroxnents shown thereon
ire poperty ploced under my Penorwl suPerv's;on, in accordance x:th the subdMsian reglatans of the City of
Anus. Texas.
7
�*1'15 �F
,Faun Gbas r'i
FIRLS. No. 6081
A.CKN A%1T1G£UI7Lt
ft R[s61,
STATE OF TEYAS § s'm'R
CGUTM OF UVNT $
BEFORE DE, Ue u Ido SST d outt o lj. On 1Ns day penonaly cppoared .10M Gras, kno- to rr,a to be the person
.Fula name k svbscr;bed to Us foago;.3 ockrevledged to ma that the sans ,as e.mAed la
the p�epases and corsideraUon V. ran evpressed-
01" UNDER VY WO M0 $fA1 Of Off1(E, this Ur day of , 2016,
The Slate of Tesas
Prellminarfr Plat of
Anna Crossing
Amenity Center
Part of called 129,92 acre tract rrmet 1)
as recanted in Volume 5631, Page 2600, CCLR
& Part of the Preser ipti ve Right -of- fVfly for
CauntyRoad 422
A842 Acres
Grandison Stark Survi v, AbstlactNo. 799
City ofAnnn, Collin County, Tay -as
February 25, 2016
Rerr� ��Xr15
Svrvn� pa.�+,*siMr6rJLlLPPIIAait2s"..'.)
4xrer: rhos Land Survt q
Anna To. n Center No. 4/$HAP, Ltd- 2114 FU 1563
8214 Westchester £hive, Sate 110 'W fe Cdy, Tx 75496 Glas Land Sur veymg
W&M T. 75225 AH,, Jelin G'as 2111 A7 1563, WM4 CV1 Terns 7Sf95
Atlas JaM Amotd (903) 496-2084 Vfr- (p,3) 496-"lF Far (469) 547-Mi8
(214) 522-4945 jaMa;lasaWsmeymg.aam I [...e�Lre:tv,ds
7EMS I- Aa 10193970
Item No. 5k
City Secretary's use only
City Council Agenda
Staff Report
CITY OFANNA,TEXAS Date: April 12, 2016
Staff Contact: Maurice Schwanke
Exhibits: Yes.
AGENDA SUBJECT:
Approve a Resolution on a final Plat for Anna Crossing Amenity Center.
SUMMARY:
The final plat has been submitted for the Anna Crossing Amenity Center. The
amenity center will service the Anna Town Square plats (Anna Crossing PH 1-4).
The final plat has been reviewed by City Consulting Engineer and City Staff. The
staff recommends approval of the final plat.
The Planning and Zoning Commission recommended approval of the final plat
with the conditions of staff comments at their meeting April 4, 2016 meeting. The
vote was unanimous. The conditions have been met.
STAFF RECOMMENDATION:
Approval of Resolution
CITY OF ANNA, TEXAS
RESOLUTION NO. 2016-04-
(Anna Crossing Amenity Center — Final Plat)
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A FINAL PLAT OF ANNA
CROSSING AMENITY CENTER.
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 Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and
WHEREAS, Anna Town Center No. 4/SHRP, Ltd has submitted an application for approval of
a final plat of the Anna Crossing Amenity Center;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated. %01 'r
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 Anna Crossing Amenity Center attached
hereto as Exhibit 1.
PASSED AND APPROVED by the City Council of the City of Anna,
of April, 2016.
ATTEST:
Carrie L. Smith, City Secretary
Uff W N1060 : 191
Texas, on this 12t", day
Mayor, Mike Crist
SITE
WARNER DRIVE
422
ST.
1, year I
�tr•�C:!!1 J
POINT OF
Fe� I C ,"_y 13 �1 Acrz Jr=•i �::z 7f
O Sdr Jr ln:l
!• _./ iell[f<SJIe•Jlv.'c (F_t CCrA
r5-I e. a--
(!sl
e
i e
i
t `
f
eccrNvr�xc
Lot 1, Bl0 7
-
- - —
_ ,
'
0,959 acre
A•. , Tor, Ce'a iz 4/ ,i2D, Lt
Zf7, CC=7
_ G4
Cc Fed In.. k e Trod
(iril i)
.�„•.,; ......_ _
sb sa sR:.l:;cS
1'd. ,z 26^0. fit
_
iR�r
ry r: rx 9 .2 roe
� � � c, s NA9'25493Y
si
-422..�2'
—Ci cJ A:v
00:1 f.=e
3)
o:,/ elr4 HJ,;1ze3?JJ. Cow
� `r
Ares -- = e
•1
Car'.I R--1 4 422
4
\t y
(To Le of F-,-7 by t`:s p'G)
Y 'r9 63•dj'
Leonard Dr i ye
J,/ , ( p
o
a d]r r r
6a.r i✓1lldx)kJl 1J.1 [ to
f' R. c✓F7„r 1r'f ti.
A Is
.t-r•� t-v, Crr-•r lv 41W.:P, lei.
C:W IZas2 Jere T--t (r :l 1)
1✓ `631. F7 i633. CC(F
County Road 422
Oeey 3LG_ni .¢res
/
f
I
�I
4y
�o
1
> t�
�o v c�
V 74'
1
3d
S/]once Road
1
P„HS�1E
ONERS CLRn-
,A7I
STATE OF
TEXAS §
COUNTY OF COLLIN $
TdERFJS Arata Ta n Center h'a 4/SHRP, Ltd :s Ve serer cf a iron of fand s�ua!ed ;, tKe Stets ct Te.cs,
Canty of Co1'n, c,d Cty of A -a. b _ g Fart of the C-c-dson S,u,k SJnef, 451,46 No. 795, to::-g port of a c 'ed
129.92 c e t cot (Tea.( 1) cs nett ded r, Se',-o:e 5531, Pete 26,10 of the C :-. C ,.#y Tc J Records c^d 5c4 of
LF,s pr[ c r{ c right et f for Co,ty RS•cd 422 (Ta to ett- o d 6y Ih's p t) th -ed pr.rrises Lme.,g --o
p_rt'cu'r Iy des r-ed as f[-o 5.
BEONNNI ct a Cos cc -J 1- rcd set 4n the c,r&g ce, h y l o!-n y F ,e of S.,arp 51-1 (60'
R'gtl-ei T'cy} rcrii rg th a If nest corner of s d p e ss, the -dl ecsl corret of o 0-00 core treat of L-r.d us
recorded u,der O:r,m.nl No. 20141114DO1248710 f tr- Co:n Cc'J ty Led Recvtls t "rig in lire north f e at o
cc-_ed 3705 acre frock us fzccre.d a, VA-6079 PC;e 3586 of the CO. Cony Lcnd Rod a'rg these,th [re of the 1.1 {hcrx; cfler 10e,,ed to Gs I`x Rg t-ct-ttay D-,keto, Let) as hq. on tte Cal Rut of kr,o
C oss7^2 Prcv IA h 1B P 3M al Wcf Lod-11- (c uewr&J c.dt:T,), Grd W-9 the Gsy'rr.-ng of o
Cana to tr.e Wl,
THENCE dth the sr, th IgNt-of-.ay rr.e of 5harp Street, tFe r..dh fr:e of -A pr-'ues, the so-,lh fre of sa'd
R'ghl-of-Roy OcdtaFen Lot. and pert.oy .tth tF, cun9ng socth I- of o 0.MI core dwd as rccar&d andcr
pr,rcrrert No. 2014IW7C0IQ96130 Of the Co', CrJrty Lard Records us fo'e.s:
doe9 $ad rn f a N r r rr , e lk w h eerlrcl a-r'z of31'd7 22 for on Grc E sec-xe of 294.06 Feet c d
t 1 M, - P.•+rlh 4'42'S5' Ecsi 290.30 fe.l to a G,s ro�s ed iron rod
hoer a rad']s c 530-CO ell e d 6 ,p
9 ( )
tc,rd msrk'rq tre oral of sd c 'e,
N,dh 4ff49'13' Easl. SIAIS feel to o Gks coy ed ira, rod #0,•3 rncrF r2 lire sn,iheast carer of sa:d 0.351
,ire L-1 i L -.:g V. a Ley ,? of o c ,e to the r'yht;
Mori}asterly G'crg -c i care thro,yh a -i cl -'e of 4'2033' fcr a, crc Cslc:rce of 35E2 feel old
haling are;':,s of 470.0) feet (cF,rd = Rath 5959'Y0' East, M61 feet) to a Oos copped err, ro-i
f,r-4 m-f.',g the r•odhe,sl -mir of sad p—.*t ss;
{FENCE ab-•g the east Fre aI s d �e %' cs fo'as.
So {h 41 10'47' E 1, 77.67 feet to a Gros ccp ed ifan Iod t rca;:rq tre t -.:'rag of a c_ne to tre 69M:
F 1 ne Breah a re € eel 475049• Ice an arc Est -ce of 4785 felt crd
So 1 Basle ob. .dd cc c
Y 4 5
h f 4, h- .h 19'4 22 Ecst 45.75 f t to a G- s Ca ed eon rod ssd
g a ro. ]s e 6 CO00 eel {c rd Scc 5 ) y
the crd of sca tune,
h 4' "W 11 f d lL, tF of R-d 422
So„I Ol 003 esl. 559 eel to a G'cs cat>ed en o p era e y G
monk'-g fire sMJlfoosl correr of se-J F :- c,d to "q ,n tre r rth r e of the el s e Ip,r d 37M5
ecre truck, If- y,`Yrh a :,h :eon rOi Faso A tFt cc,re, f add 37.005 core Iroct L-,
Sc,AAr, 6325'49" East, 457-77 reel,
1HEVC -th t>, ce f Cow-ty Road 422, Lre South Ire of 'd prom:s=s crd dhe meth Are of
sc'd 37.OG5 acre trod, rH,rlh 60`2549 Wal, 422.52 feet to tte pyrt d tsq _rag era cc ,c '-g 0-959 we of
,-d.
OANES DEBCAT, RLA. A�i(NOA'LFOGENFN T
J.••v Cat_'qq
frf a 5C15 All !r f
.w
rut [t.,;/ 201 e072GXi177di37 CCCR
°M�
STATE Of TEXAS §
�
z e•nt
C:s
Coory Or CMEIN $
- cW:
,'TOW, TIiEREFORE, NF;ON !;_L NEF1 BY THESE PRESENTS:
+Jz-z
MAT Arena Twm Confer Ho. 4/SNAP Ltd o-I g he e. 67 all {r aryR its ev.y c-ire €zed eff,cers, dc:s 1--51
Copt lh, PM d ':gn t g lire here Saz de _fled p,c erty as Anna C-sing dmenffy Center Addiifm4, cn
a !c C.:, n,. e/q
a'lt on to theo Cty of A Tecas, c d 0015 t`rF6y d -. ale. in Yea p'e, to the P'tr,use fore,er, if, streets
Fes-+r.-r cl c..--y!
`d a"_r. _t:o.n therxoti Tr. ,kneels cr:d a':ys ore ded:zted for Sreet purpc..,, Th- e,-em-,tS cnd p,?+`` use
0:---1
area5. as stw-. Cfe dedtated for Ito p:JVO 4te ft•e'rer. fpr lF.g iFZ-Iud on JES p%+i. 1" ode:dMl, Vl1 kY
Ease'e•ts fray also to u5ed for the m': t1ol 45a -d a:r—c6liioin of a'1 p'r5`C Ct4tles to use or -V19 tre
s e -'et. fre S t tents IF - to point t.1 es, sad u e ty Pc C Y:. es tang r,bcrCn_te to the
p S`c s a,d Cty of A a s r," il-ereof. The City of A. a d F V.` t:fiy e T +, .t here LFe e ht to lemo a crid
seep fe,G ed 0 or parts of wy fe— tees shn,65 C other V y,o.tr5 .',Ch ay et off
.7, e,d rye o = teff4 e Wth the c sf t m 'rt ace, c elf :e •ry of the, its ecl;,e sys ers , sad
easements The Gfy of A a a-d p y c my I,. es l-ol at of trues hc:e the IJI riqhl o y- -i q,ess to
W from tt,�, Yes,- u- ze5-1. to, tFe p-.y'ose at `2,
reed meters, cnd eddrg to or re, v*..rg 0 or parts of tte', resYecl'°:e ,}stems .:.1W the recessty of e y v,e
of pea Jr.� ] perm'Ss'M fml G, cis.
The u:-rders ;r:ed does core,onl crd ogee that the c.cess eGser,_,I -I to O fzed 6y coy per., a, the yenerel
p'.tJ.c fen :n2ress cM egress to o!re, real property, o'"'d for tFe p',,Fcse ai C,Er:erel Puh`'.c se`.ce'ar � J p?deslr;an
crd -ess, crd for Fire D-yrtrcsnl cnd exeryency use, in, cb-q. uFron. crud coos, Tea pre-'se5..:tR LF.4
rS t and pr.7e;- o1 O"l times of the C''ty of A -.-.Rs agents, esp'oysrs, .Grkmea, cnd rCF+eSe-tdLes fa'r 9 :-gees,.
Chess, Grd legres5 'Orq, upon, Grad across sod p,err:se5.
Ca".-y 327.`75".'ct
iF31712i&UTEi Ls1. CeLR
Trot tte o,de,sTed does herety Caieri'1 Ord cyrce thr,{ he (lh:y) 51-0 cocj.rucl Epa, the f're re eGs erTs, cs
deScuted c. i shown 1,--, o Ford sJricce e-d tre h: (Ilia) se,'t rr, to'n tF4 »me :n a stave aF geed res,fr at
dl times Ord seep the Sa-.e free and cts:r of c f stracture=., fer:ces. uses, sv as, w otFzr T'nproser E`:ts u
cts+.ruct' s '']d'ng L t r4 f. AM to t`a F:r:rg of rrrtcr L h c.es t c s, tv,!s. er other• rme':ts to V.
access of E e e,pero!us The me"n!e,;-ace of Far:rq an the fe L-is is the resrxs2-:Sy of tee c.rcr,
ecd the o ,el shwa post old -'Ito', eppropricte egns in ews¢acusT:e Faces c'arq s'xh fire saes, sM19 'Fee
Le^e, No Pc6n). Tre po3ce or A's d,i e.th.r; d rcp,c-!ff- :s f:erety authoraed to cause sJch fee tr- crd
r.Vty �e-e-ts 10 6e ma'nt,'red free o--d unobstructed et W Ceres for Fez Ozperim-rt c-d errar5-ncy cse,
TLis cppro-rcd soul to a'I plat Grg oof-a es, ru Fs. ord regcsctea of the C-ly of A=so, Teas.
VOINE55. Lf( 1"A`:0, lh:f5 the _---- dry ct . 2016.
low
NOTES
�.3 SITE
t) 5c_a[e t`sFs'9 6 6:sed C, CPSnyih es a>,_d rn ;,ry 31, 2013-
st
2] mks PM has tee, perks:rcd .4 4'e M-sr4 c1 a T'.< fn>rn'.rc-L A, pc;+f'.e, ere s.9;ec1 la
f ;r, bad
3
o
e:7 x4 01 e:se�s-=s >•`.'-''<r n rr1 r rFco�
yq
3] Srb(:cl G•uF+i, c Ofaeod I, cry -4 ce Wt A eme-cr'L, e-$ e!`er r. c?!c+s Vot ere
.1- en or cs pert or t`. roc Nj F'et a--d1c, es p^Jt m o tte
f -E A - !_ r 4) Na port d Pe - scl p�xV4 es w'!
o Slott 3 xE .,.so-d ro t•.-ah e! Cl C1-lew *n7
Casty. Te=cs
.rp P_vd l21
v ate,
k, , No r,. !:!eJ 3 cd t`e w (ice ))d Ins.!.. r P.s --W-p IV Co`n
rso-Fcr� Fd ArF:S acted d.1+ z. zLvd (ice a). rr.•s rmd et;A,e,.e-a aces rot spy va L^.< prc:crty
VICINITY MAP
f-.a� iq .-9 q r gd d ,.. 9n w- cati srrtcr f— - -J .i1
c^d fort to:;rs sy Le C -oJ Ly r=-� -Fde a Ms,U r...es Th's s'e'.e-<-1 z'<li M
[rcyz 1bSTiy m L`e Cat cd L-`.e Slurcfx.
N- T. S.
BY. ---- -----------
W, terd Skoht'.>g, Repre= ntc6vx for
Anaa To., Cc,.Ier No. 4/SH.RP, W.
4
�i
0' 80, 160* 240'
erne T.ble
LINE I 8:.4.R.NG I V1f;T1*ICE
L3 I NW49.13"E 91-I6'
L2 $41.1047'E 77.67
L3 5014003M 115,59
FLRh'0'6LEOGENEe4T
STATE OF TEXAS §
COur" OF COLLIR §
2 O h h; n h' SF 3r:aen to m:e o Le
BEFORE C, t e urders:gred ect arty, o t s do/ pers �c `y a7yearc-i Ri pant or6+rry, t
the Ferro 1 ..ere F .rT.:d to t.e rcregc.rg Slw,or.t, .ho oars,*rsdyed 10 ma llrct the v]�e lets
everted for tre tY rpa es a d co,et at , tI,.-I,err e p e--e-.1-
G`YEN UNDER We Y7-•,p AND Kk OF OFF-E. the the _ d.y of -. 2016
The Stole of Te,-
S1R'.i702'S CERTIF#ATE
STATE OF TEXAS $
COWffY of HUm §
T1U1 I- J471 . o Pv=sisd Prof I L d
S-yor n !hs Stole of Te s do tereby certify trot I
prepareLF d "s prat from en aetual coco-d Ce e s:
e ce m manver!s s?r;., tRFreo-,
'Ey cf the Iv-3 cnd Ital frr
re Frol:0i paced VI my perso.at -u v,s'on,
rn acerdrae lrth tre sv`-vs G,-,-Vors cl Lhe C•ty of
Arno. TFr+s.
� T
1rS`' ST'E'
.!ohm L!as
R,P,L-S. N., tkM
JOM GLkS
7.C1(14O111E0CF�Etli
f fa £O8S =`
STATE Of TDAS §
a 3aavf
COLdIY UF 14 o
0 $
STFORE K. lh ?e ed "h ty tF d y
Fs: sc•-Gy c>; c,F1 Jelin Cias, Araa:l to me to to tte P<,C,
e hose -e is s - scrTed to tee for[ �,9 K-1
I..`o to me t"l the same .Qs snouted for
Re F',rpas... crd there rpr> z3
VITN U."4RR Nf P-SO ANj SEAL Oi OSFicf, LF.:s LF= dwy of _____-.------ 2016.
The Sate al
Final Plat of
Anna Crossing
Amenit4v Center
Part ofa called 129.92 acre tract (Tract 1)
as recor tied in Volume 9631, Page 2600, CCLR
& Part of the Prescr ipilire Right --of- MI , for
County Road 422
R959`Aore
Grandison Stark Surs ef; Abstr wet AJo. 79S
Cit fr ofAnna, COIIIrr C011rrtf; Texas
Februar;y 29, 2016
egeid-......... Par's_2 -/-/N 15
S-�..�:14= (+: r%ysizvlsi+cuYdPi A.v Arifm d�
Curse Table C•1as La,d
co..rVa vs s.�.s r>, ac M Yr4
CU4YE PAD05 ARC LENGlsf CH0:0 LEIMH ON9R0 BEARNG DELTA AY..LE y: ••na T.- Center No. 4/5HkP, Lid 21I4 FM 1553 _ GIas LRnd trill•:'ef%n
Cl 530.00- 294_C6' 290.30' F;54'42"55-E 31'47 22 8214 Wcssbsster Dr m Sute 710 Wc!fe U� T. 75495 V x7 g
C7 470,00 35.62 35.b1' NSP5437"E 4'20'33" Naras, Tx 75225 tilrt e- G'a5 2114 iy/ 155! )1'e.Ye' Gfj, JCY/j 75495
w rasa �"e r Rlln' Jelin ArnoH
C3 6#.00" 47.56 46.J5 5l9-45 22 E a1-49• (903j 496-20d# CYrKf. (9f13f 495-e'YL'4 Far- (469) %47-Cd76
(214) 522-4145 j•,Fr:Og'os'ardsurrey:ng.<G-s a-.r•.g'os':+s'swsr7yrcrn
78r35 i- � Na t �7B197�
CITY OF ANNA, TEXAS
Item No. 51
City Secretary's use only
City Council Agenda
Staff Report
Date: April 12, 2016
Staff Contact: Maurice Schwanke
Exhibits: Yes.
AGENDA SUBJECT:
Approve a Site Plan and Landscape Plan for Anna Crossing Amenity Center.
SUMMARY:
A site plan and landscape plan for the construction of the amenity center for
Anna Town Square plats (Anna Crossing PH 1-4) have been submitted for
approval. The site plan and landscape plan has been reviewed by City
Consulting Engineer and City Staff. The staff recommends approval of the site
plan and landscape plan subject to compliance with all engineering platting
concerns.
The Planning and Zoning Commission recommended approval of the site plan
and landscape plan at their meeting April 4, 2016. The vote was unanimous.
STAFF RECOMMENDATION:
Approval of Resolution
CITY OF ANNA, TEXAS
RESOLUTION NO. 2016-04-
(Anna Crossing Amenity Center — Site and Landscape Plan)
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A SITE PLAN AND
LANDSCAPE PLAN OF ANNA CROSSING AMENITY CENTER.
WHEREAS, In order to provide for the orderly development of land within the Anna city limits,
the City Council of the City of Anna, Texas (the "City Council") has adopted Part III-C of the
Anna City Code of Ordinances ("Zoning Ordinance"); and lmh, �7
WHEREAS, Anna Town Center No. 4/SHRP, LTD has submitted an application for approval
of a site plan and landscape plan of the Anna Crossing Amenity Center;
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 and Landscape Plan
The City Council hereby approves the site plan of Anna Crossing Amenity Center, attached
hereto as Exhibit 1, and the landscape plan of Anna Crossing Amenity Center attached
hereto as Exhibit 2.
PASSED AND APPROVED by the City Council of the City of Anna,
of April, 2016. &000%1%
ATTEST:
Carrie L. Smith, City Secretary
Texas, on this 12t", day
Mayor, Mike Crist
I H15 UUUUMEN I 15
RELEASED FOR THE
PURPOSE OF INTERIM
REVIEW UNDER THE
AUTHORITY OF BRANDON
DAVIDSON, P.E. #87682. IT
;HALL NOT BE USED FOR
:ONSTRUCTION PURPOSES.
10 20
SCALE: 1" - 20'
s
NOTES:
1. SITE AREA - 0.959 ACRES
2. PARKING SPACES PROVIDED - 14
CORWIN ENGINEERING, INC.
200 W. BELMONT, SUITE E
ALLEN, TEXAS 75013 (972)396-1200
TBPE FIRM 05951
DEVELOPMENT PLANS FOR
ANNA CROSSING
AMENITY CENTER
ANNA, TEXAS
SITE PLAN
I...\don\16012site.dan
DRAWN BY
BDD
JOB NUMBER
16012
DESIGNED BY
BDD
TE
MARCH 2O16
CHECKED BY
BDD
SCALE: HOR: 1"-20'
VER: 1"-2'
SHEET NO.
/000 ND
i F 23
LAWN O +
+ � SG
.01 00tt ++� 16
00 OO
0 0
i�tt
0 0
_ + + LAWN
PLANT LIST AND SPECIFICATIONS:
Y
BOTANICAL NAME
COMMON NAME
SIZE
SPECIFICATION
Quercus virginiana
LIVE OAK
30 GAL.
3" CAL., 10'-12' HT., FULL, MATCHING, SYMMETRICAL
Quercus shumardii
TEXAS RED OAK
30 GAL.
3" CAL., 10'-12' HT., FULL, MATCHING, SYMMETRICAL
Pistachia chinensis
CHINESE PISTACHE
30 GAL.
3" CAL., 10'-12' HT., FULL, MATCHING, SYMMETRICAL
Lagerstroemia indica
CRAPE MYRTLE 'TUSCAROROA'
30 GAL.
6"- 8" HT., 3" CAL., 3 CANES MIN., FULL, MATCHED, SYMMETRICAL
Loropetalum chinensis 'Purple Diamond'
LOROPETALUM
3 GAL.
24" HT., 30" O.C., TRIANGULAR SPACING
Salvia greggii 'Red'
AUTUMN SAGE 'RED'
1 GAL.
18"-24" HT., 30" O.C., TRIANGULAR SPACING
Rhaphiolepis indica'Clara'
INDIAN HAWTHORN'CLARA'
3 GAL.
24" HT., 30" O.C., TRIANGULAR SPACING
Magnolia grandiflora
LITTLE GEM MAGNOLIA
3 GAL.
24" HT., 30" O.C., TRIANGULAR SPACING
Muhlenbergia lindeheimieri
LINDHEIMER MUHLY
3 GAL.
24" HT., 30" O.C., TRIANGULAR SPACING
Nandina domestica
FIREPOWER NANDINA
3 GAL.
24" HT., 30" O.C., TRIANGULAR SPACING
Pennisetum alopecuroides
HAMELN GRASS
1 GAL.
24" HT., 30" O.C., TRIANGULAR SPACING
Cynodon transvaalensis x C. dactylon
TIFWAY 419
SOD OR SEED PER PLAN
All required landscape areas shall b
installed by a licensed irrigator.
LANDSCAPE TABULATIONS:
TOTAL LOT AREA.
39,238 SF (6.90 AC)
LANDSCAPE AREA PROVIDED:
14,968 SF (0.34 AC) 35%
STREET TREES REQUIRED: 1 I40 LF FRONTAGE (123 LF)
9 TREES
PARKING LOT TREES REQUIRED: 1 WITHIN 65 SF OF PARKING SPACE
2 TREES
STREET TREES PROVIDED:
14 TREES
PARKING LOT TREES PROVIDED:
3 SHADE TREES
SHRUBS PROVIDED:
99 SHRUBS
❑ ❑❑❑ ❑ 11❑1-111 ❑❑M❑ .
GRAPHIC SCALE
20 0 10 20 40
( IN FEET )
1 inch = 20 ft.
x
r�
Ln
M
0
N
N
r\
00
O
N
N
r � C�
V �
00
zM
l0
O
x
N
ry
~
a�
�
w
c
w
L1j
ro
..
�
rn
rn
z
L
o,�
0
LL
U
z
4
O
V
c
Q
ZO
V
ry
�
W
�
w
`�V
CD
V)
0
U
Q
z
z
Q
< I LU
x
w
� Q
Q
z U
z
1wjj
0
0
d
z
J
Q z
O
o
L1J
o W
O
LL
a
HLE DJi?
Iff
Zwo�
0
OU mZ w
QfZOCj O
N
Q Q Z L L Z_
> J
(n Z zw f-
Q O� w
O
z a-
U bi
m
w J
w af 0 }
�z(ha_a_ w
0°
U O OO Z W
0� Ow=
owo w�
w>o(5m�
o
cnw0Zww
2�Uj >�
r- zm=z iu
o
z
U
Q
Q
J
■ ■ 111 ■ ■ RIN ■ ■ •
INFORMATION ON THIS SHEET IS PERTINENT TO ALL OTHER DESIGN
SHEETS IN THIS SET OF DRAWINGS. THE CONTRACTOR SHALL NOT
SEPARATE DRAWINGS FROM THE SET FOR DISTRIBUTION TO SPECIFIC
DISCIPLINES. EACH SUBCONTRACTOR SHALL BE PROVIDED WITH ALL
SHEETS WITHIN THIS PLAN SET.
L-100
Item No. 5n
City Secretary's use only
City Council Agenda
Staff Report
CITY OFANNA,TEXAS Date: April 12, 2016
Staff Contact: Maurice Schwanke
Exhibits: Yes.
AGENDA SUBJECT:
Approve a Site Plan for Anna Town Square Detention Pond Entry Feature
SUMMARY:
A site plan for the construction of the entry feature for Anna Town Square has
been submitted for approval. The site plan has been reviewed by City Staff. The
staff recommends approval of the site Plan. A cistern as part of the
feature/signage is being added to the project.
The Planning and Zoning Commission recommended approval of the site plan at
their meeting, April 4, 2016. The vote was unanimous.
STAFF RECOMMENDATION:
Approval of Resolution
CITY OF ANNA, TEXAS
RESOLUTION NO. 2016-04-
(Anna Town Square Detention Pond — Site Plan)
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A SITE PLAN OF ANNA
TOWN SQUARE DETENTION POND SITE PLAN ENTRY FEATURE.
WHEREAS, In order to provide for the orderly development of land within the Anna city limits
the City Council of the City of Anna, Texas (the "City Council") has adopted Part III-C of the
Anna City Code of Ordinances ("Zoning Ordinance"); and
WHEREAS, Anna Town Center No. 4/SHRP, LTD has submitted an application for approval
of a site plan of the Anna Town Square Detention Pond Entry Feature;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated. %9( 10
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Approval of Site and Landscape Plan
The City Council hereby approves the site plan of Anna Town Square Detention Pond Entry
Feature attached hereto as Exhibit 1.
PASSED AND APPROVED by the City Council of the City of Anna,
of April, 2016.
ATTEST:
Carrie L. Smith, City Secretary
Uff W N1060 : 191
Texas, on this 12t", day
Mayor, Mike Crist
422
AO
F17
0 20 40 80
SCALE: 1" - 40'
CORWIN ENGINEERING, INC.
200 W. BELMONT, SUITE E
ALLEN, TEXAS 75013 (972)396-1200
TBPE FIRM *5951
DEVELOPMENT PLANS FOR
ANNA TOWN SQUARE
ANNA, TEXAS
SITE PLAN
DRAWN BY I DESIGNED BY
JOB NUMBER DATE
13074 1 MARCH 2O16
\dgn\cistern.
CHECKED BY
SCALE:
HORt 1"-40'
SHEET NO.
1 OF 1
CITY OF ANNA, TEXAS
Item No. 6
City Secretary's use only
City Council Agenda
Staff Report
Date: April 12, 2016
Staff Contact: Maurice Schwanke
Exhibits: Yes.
AGENDA SUBJECT:
Conduct a Public Hearing (2nd) on the voluntary annexation of a 75.97 acre tract
of land located in the Joseph Schluter Survey, Abstract No. 856; a 32.84 acre
tract of land in the Henry Smith Survey, Abstract 822; a 73.47 acre tract of land in
the Zach Roberts Survey, Abstract 760; a 20.7 acre tract of land in the P Burns
Survey, Abstract 100; and a 60.04 acre tract of land in the Jonas Whitaker
Survey, Abstract 98.
SUMMARY:
In December of 2012 the City Council accepted and approved non -annexation
development agreements with a term of three years for property owners in the
area commonly known as the Slayter Creek Addition which included ten
properties. Additionally, in December of 2010 the City Council accepted and
approved a non -annexation agreement with a term of 5 years for the property
commonly known as the Hurricane Creek Country Club located west of U.S. 75
and north of S.H. 455.
These non -annexation agreements expired in late 2015. Per the terms of the
agreements, the respective owners are deemed to have properly filed with the
City a petition consenting to voluntary annexation of the respective properties to
be completed upon or after the end of the term.
STAFF RECOMMENDATION:
Hold Second Public Hearing
372
j
75
SIT
75
■ q— -pis/f .:
371
373
EXHIBIT B
ANNEXATION SERVICE PLAN
POLICE PROTECTION
On the effective date of annexation, the City of Anna, Texas and its Police Department
will provide police protection to the newly annexed area at the same or similar level of
service now being provided to other areas of the City of Anna, Texas with similar
topography, land use, and population density within the newly annexed area.
FIRE PROTECTION
On the effective date of annexation, the City of Anna, Texas and its Fire Department will
provide fire protection to the newly annexed area at the same or similar level of service
now being provided to other areas of the City of Anna, Texas with similar topography,
land use, and population density within the newly annexed area.
EMERGENCY MEDICAL SERVICES
On the effective date of annexation, the City of Anna, Texas, through its contract with
Collin County or another service provider, will provide emergency medical services to
the newly annexed area at the same or similar level of service now being provided to
other areas of the City of Anna, Texas with similar topography, land use, and population
density within the newly annexed area.
SOLID WASTE COLLECTION
On the effective date of annexation, the City of Anna, Texas, through its contract with
Bradshaw and Son or another service provider, will provide solid waste collection to
residents and businesses in the newly annexed area (to the extent that the service
provider has access to the area to be serviced) at the same or similar level of service
now being provided to other areas of the City of Anna, Texas with similar topography,
land use, and population density within the newly annexed area. Such service will be
provided in accordance with existing City policies and Ordinances, and only upon
payment of any required deposits and the agreement to pay lawful service fees and
charges for solid waste collection.
Residents and businesses of the newly annexed area that have existing contracts with
solid waste service providers have two years from the date of annexation or until the
termination date of the existing contract, whichever is sooner, to begin solid waste
Page 1 of 4
collection service through the City. Solid waste collection is mandatory for City of Anna
residents and businesses operating within the city limits.
WATER AND WASTEWATER FACILITIES
On the effective date of annexation, any and all water or wastewater facilities owned by
the City of Anna, Texas at the time of annexation shall be maintained and operated by
the City of Anna, Texas. Of such facilities, the City will maintain the water distribution
and wastewater collection main lines. All water and wastewater service lines, shall be
maintained by the property owner served by the service connection.
Residents and owners of property in newly annexed areas that are located within the
City's water or wastewater CCN will be offered water and wastewater service in
accordance with City policies and ordinances in existence at the time of annexation or
as may be amended from time -to -time by the City Council. Generally, these ordinances
state that the land owner or customer must bear the cost of construction of water and
wastewater system facilities to a point where suitable connection to the existing system
can be made and service to the customer can be provided. All water and wastewater
facilities designed to connect to the City's existing system must be approved by the City
and meet all City zoning, subdivision, and other development ordinances and
requirements. The City may decline to provide water or wastewater service in areas
already receiving such services from another duly certificated services provider.
ROADS AND STREETS
On the effective date of annexation, any and all existing public roads or streets in the
newly annexed area which have been dedicated to Collin County, Texas or to the City
of Anna, Texas, or which are owned by the City of Anna, Texas shall be maintained to
the same degree and extent that other roads and streets are maintained in areas of the
City with similar topography land use and population density. Specific maintenance
activities are determined by available funding and the need for maintenance as
determined by the City. The City is not obligated to maintain any portion of a private
road or street. Any and all lighting of roads and streets which may be positioned in a
public right of way, roadway or utility company easement shall be maintained by the
applicable utility company servicing that area of the City of Anna, Texas pursuant to the
rules regulations and fees of such utility.
An owner of land within the newly annexed area that desires to develop said property
will be required pursuant to the ordinances of the City of Anna, Texas to provide internal
and peripheral streets and to construct those streets in accordance with the
specifications required by the City of Anna, Texas.
Page 2 of 4
PARKS PLAYGROUNDS AND SWIMMING POOLS OR ANY
OTHER PUBLICLY OWNED FACILITY BUILDING OR SERVICE
The City Council of the City of Anna, Texas is not aware of the existence of any public
parks, public playgrounds, public swimming pools, or any other publicly owned facility,
building or service now located in the area proposed for annexation. In the event any
such parks, playgrounds, swimming pools, or any other public facilities, buildings or
services do exist and are public facilities, the City of Anna, Texas, upon acquisition of
such facilities at no cost to the City of Anna, Texas, will maintain such areas upon
annexation to the same extent and degree that it maintains public parks, public
playgrounds, public swimming pools, other public facilities buildings or services and
other similar areas of the City now incorporated in the City of Anna, Texas.
OTHER MUNICIPAL SERVICES
Following annexation by the City of Anna, Texas, the City will provide code
enforcement, planning, and animal control services to the newly annexed area, to the
extent such services are funded in the annual budget and provided by the City within its
full -purpose boundaries. Such services will be provided to the newly annexed area at
the same or similar level of service now being provided to other areas of the City of
Anna, Texas with similar topography, land use, and population density within the newly
annexed area.
CONSTRUCTION OF CAPITAL IMPROVEMENTS
The City Council of the City of Anna, Texas finds and determines it to be unnecessary
to acquire or construct specific capital improvements for the purposes of providing full
municipal services to the newly annexed area. The City Council finds and determines
that it has at the present time adequate facilities to provide the same type, kind and
level of service which exists in and is presently being administered to other areas
already incorporated in the City of Anna, Texas with the same or similar topography,
land use and population density.
SPECIFIC FINDINGS
The City Council of the City of Anna, Texas finds and determines that this proposed
Service Plan will not provide any fewer services and it will not provide a lower level of
service in the area proposed to be annexed than were in existence in the proposed area
at the time immediately preceding the annexation process. Furthermore, the City
Council of the City of Anna, Texas finds and determines that the rural nature of the area
is characteristically different from other more highly developed areas within the
corporate limits of the City of Anna, Texas. Consequently because of the differing
characteristics of topography, land use, and population density the service levels which
may ultimately be provided in the newly annexed area may differ somewhat from
Page 3 of 4
services provided in other areas of the City of Anna, Texas. These differences are
specifically dictated because of differing characteristics of the property. The City of
Anna, Texas will undertake to perform consistent with this service plan so as to provide
this newly annexed area with the same type, kind and quality of service presently
enjoyed by the citizens of the City of Anna, Texas who reside in areas of similar
topography, land use and population density.
TERM
This Service Plan shall be valid for a term of ten (10) years. Renewal of the
Service Plan shall be at the discretion of the City Council.
AMENDMENTS
This Service Plan may be amended if the City Council determines at a public
hearing that changed conditions or subsequent occurrences make this Service
Plan unworkable or obsolete. The City Council may amend the Service Plan to
conform to the changed conditions or subsequent occurrences pursuant to Texas
Local Government Code, Section 43.056.
Page 4 of 4
CITY OF ANNA, TEXAS
Item No. 7
City Secretary's use only
City Council Agenda
Staff Report
Date: April 12, 2016
Staff Contact: Maurice Schwanke
Exhibits: Yes.
AGENDA SUBJECT:
Consider/Discuss/Action regarding a resolution approving a Development
Agreement with the Grayson Collin Recreation Association, Inc.
SUMMARY:
In November of 2010 the City Council accepted and approved a non -annexation
Development Agreement with a term of five (5) years for the property commonly
known as the Hurricane Creek Country Club located west of U.S. 75 and north of
S.H. 455. The Agreement expired in November of last year.
The property owner (Grayson Collin Recreation Association, Inc.) is requesting
that the City Council approved another non -annexation Development Agreement
that would allow the property to remain outside the city limits for another five (5)
years. This Agreement also includes guarantees related to development of the
property during the term of the Agreement. Existing legal uses of the property
would be unaffected and could continue.
Per the terms of the agreements, the property owner is deemed to have properly
filed with the City a petition consenting to voluntary annexation of the respective
properties to be completed upon or after the end of the term.
STAFF RECOMMENDATION:
Staff recommends approval of the attached Resolution and Agreement.
CITY OF ANNA, TEXAS
RESOLUTION NO. 2016-04-
(Development Agreement with GCRA, Inc)
A RESOLUTION APPROVING A DEVELOPMENT AGREEMENT WITH THE
GRAYSON COLLIN RECREATION ASSOCIATION, INC.
WHEREAS, In December of 2010 the City Council of the City of Anna, Texas (the "City
Council") accepted and approved a non -annexation Development Agreement for the
property commonly known as the Hurricane Creek Country Club, and; _
WHEREAS, That Agreement expired in November of 2015, and; F,&4
WHEREAS, representatives from the property owner, the Grayson Collin Recreation
Association, Inc. have requested that the City Council approve another non -annexation
Development Agreement that would allow the Hurricane Creek Country Club to remain
outside the city limits for another five (5) years, and;
WHEREAS, the City Council finds that approval of a new non -annexation development
agreement will serve the interests of the City and the citizens of Anna;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2.
The City Council hereby approves the Development Agreement attached hereto as
Exhibit 1, and authorizes, ratifies and approves the City Manager's execution of same.
The City Manager is hereby authorized to execute all documents and to take all other
actions necessary to finalize, act under, and enforce this Agreement.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the
12t" day of April, 2016.
ATTEST:
APPROVED:
Carrie L. Smith, City Secretary Mike Crist, Mayor
STATE OF TEXAS )
COUNTY OF COLLIN )
CHAPTER 43 & CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE
DEVELOPMENT AGREEMENT
This Agreement is entered into pursuant to Sections 43.035 and/or 212.172 of the
Texas Local Government Code by and between the City of Anna, Texas (the "Cit and
the undersigned property owner(s) (the "Owner"). The term "Owner" includes all owners
of the Property.
WHEREAS, Owner and the City are sometimes collectively referenced in this.
Agreement as the "Parties" or, each individually, as "Party"; and
WHEREAS, the Owner owns a parcel or parcels of real property(s) (the "Property") in
Collin County, Texas, commonly known as the Hurricane Creek Country Club; and
further described in the attached Exhibit "A"; and
WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial
jurisdiction, in consideration for which the Owner agrees to enter into this Agreement;
and
WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and/or 212.172
of the Texas Local Government Code, in order to address the desires of the Owner and
the procedures of the City; and
WHEREAS, the Owner and the City acknowledge that this Agreement is binding upon
the City and the Owner and their respective successors and assigns for the Term
(defined below) of this Agreement; and
WHEREAS, this Development Agreement is to be recorded in the Real Property
Records of Collin County;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties hereto agree as follows:
Section 1. IMMUNITY FROM ANNEXATION
The City guarantees the continuation of the extraterritorial status of the Owner's
Property, its immunity from annexation by the City, and its immunity from City property
taxes, for the Term of this Agreement, subject to the provisions of this Agreement.
Except as provided in this Agreement, the City agrees not to annex the Property, agrees
not to involuntarily institute proceedings to annex the Property, and further agrees not to
include the Property in a statutory annexation plan for the Term of this Agreement.
However, if the Property is annexed pursuant to the provisions of this Agreement, then
the City shall provide services to the Property pursuant to Chapter 43 of Texas Local
Government Code.
Section 2. OWNER OBLIGATIONS
(a) Owner covenants and agrees not to use the Property for any use other than for
the Existing Land Uses or for agriculture, wildlife management, and/or timber
land consistent with Chapter 23 of the Texas Tax Code, without the prior written
consent of the City.
1. Existing Land Uses mean the legal uses of the Property in existence as of
the Effective Date of this Agreement. 1%,
(b) Owner covenants and agrees that the Owner will not file any type of subdivision
plat or related development document for the Property with Collin County or the,
City until the Property has been annexed into, and zoned by, the City.
(c) Owner covenants and agrees not to construct, or allow to be constructed, any
building on the Property that would require a building permit if the Property were
in the city limits, until the Property has been annexed into, and zoned by, the
City.
(d) Owner acknowledges that each and every owner of the Property must sign this
Agreement in order for the Agreement to take full effect, and the Owner who
signs this Agreement covenants and agrees, jointly and severally, to indemnify,
hold harmless, and defend the City against any and all legal claims, by any
person claiming an ownership interest in the Property who has not signed the
Agreement, arising in any way from the City's reliance on this Agreement.
(e) Owner acknowledges that if any plat or related development document is filed in
violation of this Agreement, or if the Owner commences development of the
Property in violation of this Agreement, then in addition to the City's other
remedies, such act will constitute a petition for voluntary annexation by the
Owner, and the Property will be subject to annexation at the discretion of the City
Council. The Owner agrees that such annexation shall be voluntary and the
Owner hereby consents to such annexation as though a petition for such
annexation had been tendered by the Owner. If annexation proceedings begin
pursuant to this Section 2(e), the Owner acknowledges that this Agreement
serves as an exception to Local Government Code Section 43.052, requiring a
municipality to use certain statutory procedures under an annexation plan.
Furthermore, the Owner hereby waives any and all vested rights and claims that
they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local
Government Code that would otherwise exist by virtue of any actions Owner has
taken in violation of Section 2 herein. The Owner further agrees that the Owner
will not in any manner contest any annexation of the Property initiated by the City
under this Section 2(e) or any annexation of the Property completed by the City
after the Term of this Agreement.
Section 3. CITY REGULATIONS AND PLANNING AUTHORITY
Pursuant to Sections 43.035(b)(1)(B) of the Texas Local Government Code, the City is
authorized to enforce all of the City's regulations and planning authority that do not
materially interfere with the uses of the Property authorized under Section 2(a) of this
Agreement.
Section 4. EFFECTIVE DATE
The "Effective Date" of this Agreement is the date that the last of the Parties' signatures
to this Agreement is fully and properly affixed to this Agreement and acknowledged by a
notary public. The City's duties and obligations hereunder shall not arise unless and
until the City Council has duly adopted this Agreement and Owner has duly executed
this Agreement and delivered same to the City.
Section 5. TERM
(a) The term of this Agreement (the "Term") is five (5) years from the Effective Date.
(b) The Owner, and all of the Owner's heirs, successors and assigns shall be
deemed to have filed a petition for voluntary annexation before the end of the
Term, for annexation of the Property to be completed on or after the end of the
Term. Prior to the end of the Term, the City may commence the voluntary
annexation of the Property. In connection with annexation pursuant to this
Section 5(b), the Owners hereby waive any vested rights they may have under
Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that
would otherwise exist by virtue of any application, plan, plat or construction any
of the Owners may submit or initiate during the time between the expiration of
this Agreement and the institution of annexation proceedings by the City.
Section 6. TEMPORARY ZONING
Property annexed pursuant to this Agreement shall be temporarily classified as SF-E
Single Family Residential — Large Lot District until permanent zoning is established by
the City Council pursuant to the City's Code of Ordinances, pending determination of
the Property's permanent zoning in accordance with the provisions of applicable law
and the City's Code of Ordinances.
Section 7. MISCELLANEOUS PROVISIONS
(a) Any person who sells or conveys any portion of the Property shall, prior to such
sale or conveyance, gives written notice of this Agreement to the prospective
purchaser or grantee.
(b) This Agreement shall run with the Property and be recorded in the real property
records of Collin County, Texas.
(c) If a court of competent jurisdiction determines that any covenant of this
Agreement is void or unenforceable, including the covenants regarding
involuntary annexation, then the remainder of this Agreement shall remain in full
force and effect.
(d) This Agreement may be enforced by any Owner or the City by any proceeding at
law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter.
(e) No subsequent change in the law regarding annexation shall affect the
enforceability of this Agreement or the City's ability to annex the properties
covered herein pursuant to the terms of this Agreement.
(f) Exclusive jurisdiction and venue for disputes arising out of or related in any way
to this Agreement shall be in Collin County, Texas.
(g) This Agreement may be separately executed in individual counterparts and, upon,
execution, shall constitute one and same instrument.
(h) This Agreement shall survive its termination to the extent necessary for the
implementation of the provisions of Sections 2(e) and 5(b) herein.
4
Entered into this day of 2016. i
GIs
Philip Sanders
City Manager, City of Anna, Texas
THE STATE OF TEXAS }
COUNTY OF COLLIN }
This instrument was acknowledged before me on the _day of 2016, by
Philip Sanders, City Manager, City of Anna, Texas.
lk I
Notary Public, State of Texas
Owner 1
Printed Name:
THE STATE OF TEXAS)
COUNTY OF }
This instrument was acknowledged before me on the _day of 2016, by
, Owner 1.
Notary Public, State of Texas
Owner 2
Printed Name:
THE STATE OF TEXAS)
COUNTY OF }
This instrument was acknowledged before me on the _day of 016, by
, Owner 2.
Notary Public, State of Texas
Owner 3
Printed Name:
THE STATE OF TEXAS)
COUNTY OF } L
This instrument was acknowledged before me on the _day of 2016, by
, Owner 3.
Notary Public, State of Texas
Owner 4
Printed Name:
THE STATE OF TEXAS)
COUNTY OF }
This instrument was acknowledged before me on the _day of , 2016 , by
, Owner 4.
Notary Public, State of Texas
4-i
SITUATED in Collin County, Texas, in the Z. Roberts Survey, Abstract No. 760, the H.
Smith Survey, Abstract No. 822, the J. Whitaker Survey, Abstract No. 981, and the W. P.
Burns Survey, Abstract No. 100; and being part of the various tracts described in the
following Deeds:
a) 60 acres, 50 acres, 93 4/5 acres, and 23.72 acres in Deed from Fulton Emerson, to W.
B. Powell, dated April 1, 1961, and recorded in Vol. 579, Page 578, Collin County Deed
Records;
b) 34.85 acres and 63.43 acres in Deed from S. W. Turner, et ux to W. B. Powell, et ux
dated July 28, 1965, and recorded in Vol. 658, Page 181, Collin County Deed Records;
c) 109 acres described in Deed from D. E. Billups, et ux to W. B. Powell, et ux dated
January 13, 1966, and recorded in Vol. 667, Page 335, Collin County Deed Records;
BEGINNING at an iron stake in the south line of the above said 60 acres at its
intersection with the west line of the Smith Survey and the east line of said Roberts
Survey;
THENCE South 82 degrees 49 minutes 52 seconds West, 1756.22 feet to a point in
Hurricane Creek at the southwest corner of said 60 acres;
THENCE Northeasterly, upstream, with the center of said creek and its meanderings as
follows:
North 52 degrees 45 minutes East 85 feet;
North 26 degrees 20 minutes East 80 feet;
North 32 degrees 55 minutes East 80 feet;
North 46 degrees 00 minutes East 115 feet;
North 25 degrees 20 minutes East 110 feet;
North 41 degrees 00 minutes East 260 feet;
North 4 degrees 00 minutes East 70 feet;
North 28 degrees 10 minutes West 175 feet;
North 13 degrees 10 minutes West 220 feet;
North 29 degrees 30 minutes East 100 feet;
North 43 degrees 15 minutes East 130 feet;
North 21 degrees 00 minutes East 190 feet;
North 28 degrees 00 minutes East 285 feet to a point on the East bank of a lake;
THENCE Northeasterly along the east bank of said lake as follows:
North 23 degrees 35 minutes East 835 feet;
South 42 degrees 00 minutes East 110 feet;
North 84 degrees 55 minutes East 180 feet;
North 67 degrees 27 minutes East 201.1 feet;
North 11 degrees 46 minutes West 265.8 feet;
North 33 degrees 00 minutes West 423.3 feet;
North 1 degree 53 minutes East 401.0 feet;
North 41 degrees 58 minutes East 284.6 feet;
North 19 degrees 07 minutes East 293.6 feet;
North 67 degrees 44 minutes East 257.6 feet;
North 5 degrees 50 minutes West 345.0 feet;
North 65 degrees 41 minutes East 239.9 feet;
North 12 degrees 37 minutes East 179.1 feet;
North 85 degrees 50 minutes East 375.4 feet;
South 34 degrees 47 minutes East 217.3 feet;
North 17 degrees 24 minutes East 193.0 feet;
North 74 degrees 16 minutes West 245.5 feet;
North 33 degrees 20 minutes East 226.7 feet to a point on the edge of said lake;
THENCE South 66 degrees 30 minutes East, a distance of 1304.6 feet to a point for
corner;
THENCE South 44 degrees 00 minutes East, a distance of 1120.0 feet to a point for
comer;
THENCE South 15 degrees 45 minutes West 630.0 feet to a point on the
west side of a small branch;
THENCE South 68 degrees 35 minutes West 280.0 feet;
THENCE South 70 degrees 35 minutes 57 seconds West 175.11 feet;
THENCE North 27 degrees 36 minutes West 392.4 feet;
THENCE North 38 degrees 30 minutes West 416.40 feet;
THENCE North 60 degrees 30 minutes West 750.0 feet
THENCE South 4 degrees 30 minutes West 275.0 feet;
THENCE South 36 degrees 00 minutes West 670.0 feet;
THENCE South 12 degrees 10 minutes East 690.0 feet;
THENCE South 22 degrees 00 minutes East 765.0 feet;
THENCE South 23 degrees 30 minutes West 425.0 feet;
THENCE South 18 degrees 20 minutes West 800.0 feet; to a point for comer on the
south line of said 60 acres;
THENCE West 381.4 feet to the place of beginning, containing 187.5 acres of land.
GRAYSON-COLUN RECREATIONALASSOCIATION
228.70' N 33d20'0' E \
375,40 N B5dS= E \\ \
30
179A9 N 12d37E \ 2
0' Bp,
2MW N 65d41'0' E \ t
\ ,,245.WN74dlev
257-W N 87G44V E 93.00' N 17d24lr E
/\ 217.30' S 346479' E
293.W,' N 19d70' E --_
254.80' N 4ldWV E ,
401.00' N 1d53lr E
423.30' N 33d07 W
285.80' N I ld48'0' E
835. W N 23d35V E
Z1 v \ 345.01Y N 5d5O'0' W
321.80' S 28d5lV E
276-W S 4d30'0' W
/ 201.10' N 87d270" W
19D.W N 84d550' E
110.00' S 42dD'0' E
285.00' N 28dUV E
197.5 ACRE TRACT
190.00r N 2ld0'0' E
130.00' N 43dl5'T E
100.00' N 29d3OP E-----�-
220.00' N 13dlOV W
E lN 28d W
70.00.W ' N N 4dD'0" E
11DA0' N 25d20'0" E
115.00' N 48dDV E
80A0' N 32d5S0' E
80.W,' N 28d20'0' E
85.00' N 52MI5'0' E ` -_ „ yy 381.40' W
F� L 2B0.00' S BBd3SO• W
175.11' N 7Od3S57• E
Item No. 8
City Secretary's use only
City Council Agenda
Staff Report
CITY OF ANNA, TEXAS Meeting Date: 4/12/2016
Staff Contact: Finance Director
Exhibits: Yes
AGENDA SUBJECT:
Consider/Discuss/Action regarding a Resolution forgiving interfund debt.
SUMMARY:
At the close of the FY 2007 audit a liability in the Utility Fund for $202,079.54 was
booked that represents a balance owed to the General Fund. Staff have worked
with our auditors to research the liability and have determined that the full balance
is related to transactions where General Fund resources paid basic operating
expenses in the Utility Fund.
While we are unable to readily determine the exact expenditures, it appears that
the process at the time was to pay liabilities in one fund with resources from
another fund. At the end of the year the transactions were recorded as an interfund
loan rather than an interfund transfer. In conversations with our auditor, they
indicated this occurred for a few years prior to the close of FY 2007 and represents
the accumulated total. The auditors have also suggested to propose a resolution
to the council to forgive the interfund loan.
According to Governmental Accounting, Auditing, and Financial Reporting
standards (GAAFR), an interfund loan that is made without a reasonable
expectation of repayment is not really a loan. Accordingly, if repayment is not
expected within a reasonable timeframe, the interfund balance should be reduced
and the amount that is not expected to be repaid should be reported as a transfer
from the fund that made the loan to the fund that received the loan.
The Utility Fund does not possess the same fiscal strength as the General Fund
and it is unclear when and if the Utility Fund would be able to repay the interfund
loan. The Utility Fund already has significant pressure related to NTMWD costs
and debt service obligations. In consultation with our auditors and consulting
accountant, and based upon the GAAFR standards, staff has prepared a resolution
authorizing forgiveness of the interfund loan rather than continue to carry a liability
in the Utility Fund without a reasonable timeframe for repayment.
STAFF RECOMMENDATION:
Staff recommends approval of the resolution to forgive the interfund loan balance.
CITY OF ANNA, TEXAS
RESOLUTION NO. 2016-04-
(Interfund Loan Forgiveness)
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE
FORGIVENESS OF AN INTERFUND LOAN FROM THE GENERAL FUND TO THE UTILITY
FUND
WHEREAS, The City of Anna (the "City") maintains various accounting Funds to account for
the resources specific to that Fund, and;
WHEREAS, Prior to Fiscal Year 2007-2008 the General Fund provided resources to the Utility
Fund to pay for liabilities incurred by the Utility Fund, and;
WHEREAS, Ending in Fiscal Year 2006-2007 the Utility Fund has incurred a balance of
$202,079.54 owed to the General Fund that was recorded as an interfund loan, and;
WHEREAS, Governmental Accounting, Auditing, and Financial Reporting Standards (the
"GAAFR") state that interfund loans without a reasonable timeframe for repayment should be
reduced and reported as a transfer; and,
WHEREAS, The balance on the interfund loan is over 8 years old without a reasonable
timeframe for repayment;
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. Contingency Appropriation
Consistent with GAAFR standards, the City Council hereby authorizes the forgiveness of an
interfund loan from the General Fund to the Utility Fund in the amount of $202,079.54.
PASSED by the City Council of the City of Anna, Texas, on this 12t" day of April 2016.
ATTEST:
APPROVED:
Carrie L. Smith, City Secretary Mayor, Mike Crist
CITY OF ANNA, TEXAS
AGENDA SUBJECT:
Briefing/Update on infrastructure
Schwanke/Joseph Johnson)
SUMMARY:
STAFF RECOMMENDATION:
Item No. 9
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
April 12, 2016
City Manager
N/A
and development projects (Maurice
CITY CF ANNA, TEXAS
AGENDA SUBJECT:
Item No. 10
City Secretary's use only
City Council Agenda
Staff Report
Date: April 12, 2016
Staff Contact: City Manager
Exhibits: N/A
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:
SUMMARY:
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); ETJ Boundary, Building Permit Requirements.
b. discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov't Code §551.072); acquisition of right-of-way, easements, and land
for municipal facilities.
c. discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City
Attorney annual review.
The Council further reserves the right to enter into closed session at any time
throughout any duly noticed meeting under any applicable exception to the Open
Meetings Act.
STAFF RECOMMENDATION:
CITY OF ANNA, TEXAS
Item No. 11
City Secretary's use only
City Council Agenda
Staff Report
Date: April 12, 2016
Staff Contact: City Manager
Exhibits: N/A
AGENDA SUBJECT:
Consider/Discuss/Action on any items listed on the posted agenda or any closed
session occurring during this meeting, as necessary.
SUMMARY:
STAFF RECOMMENDATION:
Item No. 12
City Secretary's use only
City Council Agenda
Staff Report
CITY OFANNA,TEXAS Date: April 12, 201E
Staff Contact: City Manager
Exhibits: None
AGENDA SUBJECT:
Adjourn
SUMMARY:
Item to adjourn the meeting.
STAFF RECOMMENDATION:
Staff recommends a motion to adjourn.