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HomeMy WebLinkAboutRes 2018-10-497 VHC PID Public Hearing NoticeKICCALL PARKHURST & HORTON October 22, 2018 VIA LSO OVERNIGHT Ms. Carrie Smith City Secretary City of Anna, Texas 111 North Powell Parkway Anna, Texas 75409 Re: City Council Meeting to be held Tuesday, October 23, 2018 Dear Carrie: Enclosed for execution for the City Council meeting to be held Tuesday, October 23, 2018 is a Certificate for Resolution to be signed by you and the Mayor. Once the City Council has adopted the Resolution, please have each enclosed document signed and sealed as indicated and return all copies to me at the Dallas address shown below. If you should have any questions regarding the enclosed documents, please do not hesitate to contact me by phone at (214) 754-9268 or by email at rsegura cr mphle ag l.com. With best wishes, Iam Very truly yours, McCall, Parkhurst & Horton L.L.P. By: Rodolfo Segura Jr RS:cs Enclosures 61.022 600 Congress Ave. 717 North Harwood Two Allen Center 700 N. St. Mary's Street Suite 1800 Suite 900 1200 Smith Street, Suite 1550 Suite 1525 Austin, Texas 78701 Dallas, Texas 75201 Houston, Texas 77002 San Antonio, Texas 78205 T 512.478.3805 -T 214.754.9200 T 713.980.0500 T 210.225.2800 F 512.472.0871 F 214.754.9250 F 713.980.0510 F 210.225.2984 www.mphlegal.com CERTIFICATE FOR RESOLUTION We, the undersigned officers of the City of Anna, Texas, hereby certify as follows: 1. The City Council of said City convened in Regular Session on the 23' day of October, 2018, at the scheduled meeting place thereof, and the roll was called of the duly constituted officers and members of said City Council, to -wit: Nate Pike, Mayor Lee Miller, Mayor Pro Tem Nathan Bryan, Deputy Mayor Pro -Tem Kevin Toten, Council Member Alonzo Tutson, Council Member John Beazley, Council Member Chris Reeves, Council Member Jim Proce, City Manager Carrie L. Smith, City Secretary and all of said persons were present, except , thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written Resolution A RESOLUTION SETTING A PUBLIC HEARING UNDER SEC. 372.009 OF THE TEXAS LOCAL GOVERNMENT CODE ON THE ADVISABILITY OF THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT AND IMPROVEMENTS WITHIN THE CITY OF ANNA, TEXAS; AND AUTHORIZING THE ISSUANCE OF NOTICE BY THE CITY SECRETARY OF ANNA, TEXAS REGARDING THE PUBLIC HEARING. was duly introduced for consideration and passage. It was then duly moved and seconded that said Resolution be passed; and, after due discussion, said motion, carrying with it the passage of said Resolution, prevailed and carried by the following vote: AYES: I NOES: ABSTENTIONS: f/ 2. A true, full and correct copy of the aforesaid Resolution passed at the meeting described in the above and foregoing paragraph is attached to and follows this Certificate; said Resolution has been duly recorded in the official minutes of said City Council; the above and foregoing paragraph is a true and correct excerpt from said minutes of said meeting pertaining to the passage of said Resolution; the persons named in the above and foregoing paragraph, at the time of said meeting and the passage of said Resolution, were the duly chosen, qualified and acting members of said City Council as indicated therein; each of said officers and member was duly and sufficiently notified officially and personally in advance, of the time, place and purpose of the aforesaid meeting and that said Resolution would be introduced and considered for passage at said meeting; and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code. 3. That the Mayor of said City has approved and hereby approves the aforesaid Resolution; that the Mayor and the City Secretary of said City have duly signed said Resolution; and that the Mayor and the City Secretary of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Resolution for all purposes. SIGNED AND SEALED THE 23RD DAY OF OCTOBER, 2018. ATTEST: Carrie L. Smith, City Secretary Nate Pike, Mayor uuni►►►,►11/v OF AN;y�% ti •9 * (SEAL) CERTIFICATE FOR RESOLUTION SETTING A PUBLIC HEARING UNDER SEC. 372.009 OF THE TEXAS LOCAL GOVERNMENT CODE ON THE ADVISABILITY OF THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT AND IMPROVEMENTS WITHIN THE CITY OF ANNA, TEXAS; AND AUTHORIZING THE ISSUANCE OF NOTICE BY THE CITY SECRETARY OF ANNA, TEXAS REGARDING THE PUBLIC HEARING. CITY OF ANNA, TEXAS RESOLUTION NO. 4QZJ-LZ4gZ A RESOLUTION SETTING A PUBLIC HEARING UNDER SEC. 372.009 OF THE TEXAS LOCAL GOVERNMENT CODE ON THE ADVISABILITY OF THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT AND IMPROVEMENTS WITHIN THE CITY OF ANNA, TEXAS; AND AUTHORIZING THE ISSUANCE OF NOTICE BY THE CITY SECRETARY OF ANNA, TEXAS REGARDING THE PUBLIC HEARING. WHEREAS, the City of Anna, Texas (the "City"), is authorized under Chapter 372 of the Texas Local Government Code (the "Act"), to create a public improvement district within its corporate limits; and WHEREAS, on October c�3 , 2018, CADG Hurricane Creek, LLC, a Texas limited liability company, the owner of (1) taxable real property representing more than 50 percent of the appraised value of taxable real property liable for assessment under the proposal, as determined by the current roll of the appraisal district in which the property is located and (2) record owner of real property liable for assessment under the proposal who: (A) constitute more than 50 percent of all record owners of property that is liable for assessment under the proposal; or (B) own taxable real property that constitutes more than 50 percent of the area of all taxable real property that is liable for assessment under the proposal (the "Petitioner"), within the corporate limits of the City, submitted and filed with the City Secretary of Anna (the "City Secretary") a petition ("Petition"), attached as Exhibit A, requesting the establishment of the Hurricane Creek Public Improvement District for 368.2 acres of property within the City (the "District"); and WHEREAS, said petition described public improvements that the property desires to be made within the public improvement district; and WHEREAS, the City Council of Anna, Texas (the "City Council") will hold a public hearing in accordance with Section 372.009 of the Act regarding the advisability of establishing the District, the nature of the improvements contemplated, the estimated costs of the improvements, the boundaries of the District, the method of assessment, and the apportionment, if any, of the costs; and WHEREAS, it is hereby officially found and determined that the meeting at which this resolution was considered was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code; and WHEREAS, in order to hold a public hearing for the creation of a public improvement district, notice must be given in a newspaper of general circulation in the municipality before the 151h day before the date of the hearing, and written notice must be mailed to the current address of each owner, as reflected on the tax roils, of property that would be subject to assessment under the proposed public improvement district; and WHEREAS, both newspaper notice and mailed notice must contain the information required for notice as provided for in Section 372.009 of the Act; and WHEREAS, the City Council has determined to hold a public hearing on November 13, 2018 on the creation of a public improvement district; and WHEREAS, the City Council finds that the passage of this Resolution is in the best interest of the citizens of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section l: All of the above recitals are hereby found to be true and correct factual determinations of the City and are hereby approved and incorporated by reference as though fully set forth herein. Section 2: City Staff reviewed the Petition and determined that the same complied with the requirements of the Act and the City Council accepts the Petition. Section 3: That a public hearing is hereby called for November 13, 2018, at 7:00 p.m. at Anna City Hall Administration Building, 111 N. Powell Parkway, Anna, Texas 75409, for the purpose of hearing public testimony with respect to the advisability of establishing the District, the nature of the improvements contemplated, the estimated costs of the improvements, the boundaries of the District, the method of assessment, and the apportionment, if any, of the costs. .Section 4: At such time and place the City Council will hear testimony regarding the creation of the proposed public improvement district and the City Council may, within its sole discretion, consider the adoption of a resolution authorizing the creation of the proposed public improvement district. Section 5: Attached hereto as Exhibit A is the Petition for the Creation of a Public Improvement District within the City for the Hurricane Creek Public Improvement District, which includes a metes and bounds description for the District. Section 6: Attached hereto as Exhibit B is a form of the Notice of Public Hearing (the "Notice") the form and substance of which is hereby adopted and approved. Section 7: Attached hereto as Exhibit C is a legal description of the 368.2 acres of property to be included in the proposed public improvement district. Section 8: The City Secretary is hereby authorized and directed to cause said Notice to be published in substantially the form attached hereto, in a newspaper of general circulation in the City, and to mail a copy of said Notice to all landowners within the boundaries of the proposed public improvement district as required by law. The City Secretary shall provide Notice on or before October 26, 2018, which is before the 15th day before the November 13, 2018 hearing. Section 9: If any portion of this resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the City Council hereby determines that it would have adopted this resolution without the invalid provision. Section 10: This resolution shall be in full force and effect from and after its passage, and it is accordingly so resolved. PASSED AND APPROVED ON THIS 23RD DAY OF OCTOBER 2018. ATTEST: APPROVED: Carrie L. Smith, City Secretary s\ OF �Ajq,,,'� Nate Pike, ayor ,,.....Nti''% EXHIBIT A Petition for the Creation of a Public Improvement District PETITION FOR THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT WITHIN THE CITY OF ANNA, TEXAS FOR THE HURRICANE CREEK PUBLIC IMPROVEMENT DISTRICT This petition ("Petition") is submitted and filed with the City Secretary of the City of Anna, Texas ("City"), by CADG Hurricane Creek, LLC, a Texas limited liability company, owner of a majority of the real property (the "Petitioner") located within the proposed boundaries of the District, as hereinafter defined. Acting pursuant to the provisions of Chapter 372, Texas Local Government Code, as amended (the "Act"), the Petitioner requests that the City create a public improvement district (the "District"), to include property located within the city limits of the City (the "Pro ert "), more particularly described by a metes and bounds description in Exhibit A and depicted in Exhibit B. In support of this Petition, the Petitioner would present the following: Section 1. General Nature of the Authorized Improvements. The general nature of the proposed public improvements (collectively, the "Authorized Improvements") may include: (i) street and roadway improvements, including related sidewalks, drainage, utility relocation, signalization, landscaping, lighting, signage, off-street parking and right-of-way; (ii) establishment or improvement of parks and open space, together with the design, construction and maintenance of any ancillary structures, features or amenities such as trails, playgrounds, walkways, lighting and any similar items located therein; (iii) sidewalks and landscaping, including entry monuments and features, fountains, lighting and signage; (iv) acquisition, construction, and improvement of water, wastewater and drainage improvements and facilities; (v) projects similar to those listed in subsections (i) - (iv) above authorized by the Act, including similar off-site projects that provide a benefit to the property within the District; (vi) special supplemental services for improvement and promotion of the District; (vii) payment of costs associated with operating and maintaining the public improvements listed in subparagraphs (i) - (vii) above; and (viii) payment of costs associated with developing and financing the public improvements listed in subparagraphs (i) - (vii) above, and costs of establishing, administering and operating the District. These Authorized Improvements shall promote the interests of the City and confer a special benefit upon the Property. Section 2. Estimated Cost of the Authorized Improvements. The estimated cost to design, acquire, and construct the Authorized Improvements, together with bond issuance costs, eligible legal and financial fees, eligible credit enhancement costs and eligible costs incurred in the establishment, administration, and operation of the District is $30,000,000.00. The City will pay none of the costs of the proposed improvements from funds other than such assessments. The remaining costs of the proposed improvements will be paid from sources other than the City or assessments of property owners. Section 3. Boundaries of the Proposed District. The District is proposed to include the Property. Section 4. Proposed Method of Assessment. The City shall levy assessments on each parcel within the District in a manner that results in imposing equal shares of the costs on property similarly benefited. All assessments may be paid in full at any time (including interest and principal), and certain assessments may be paid in annual installments (including interest and principal). If an assessment is allowed to be paid in installments, then the installments must be paid in amounts necessary to meet annual costs for those Authorized Improvements financed by the assessment, and must continue for a period necessary to retire the indebtedness of those Authorized Improvements (including interest). Section 5. Proposed Apportionment of Costs between the District and the City. The City will not be obligated to provide any funds to finance the Authorized Improvements, other than from assessments levied on the District, and possible tax increment reinvestment zone revenue. No municipal property in the public improvement district shall be assessed. The Petitioner may also pay certain costs of the improvements from other funds available to the Petitioner. Section 6. Management of the District. The Petitioner proposes that the District be managed by the City, with the assistance of a consultant, who shall, from time to time, advise the City regarding certain operations of the District. Section 7. The Petitioner Requests Establishment of the District. The person signing this Petition requests the establishment of the District, is duly authorized, and has the corporate authority to execute and deliver the Petition. Section 8. Advisory Board. The Petitioner proposes that the District be established and managed without the creation of an advisory board. If an advisory board is created, the Petitioner requests that a representative of the Petitioner be appointed to the advisory board. Section 9. Landowner(s). This Petition has been signed by (1) the owners of taxable real property representing more than 50 percent of the appraised value of taxable real property liable for assessment under the proposal, as determined by the current roll of the appraisal district in which the property is located; and (2) record owners of real property liable for assessment under the proposal who: (A) constitute more than 50 percent of all record owners of property that is liable for assessment under the proposal; or (B) own taxable real property that constitutes more than 50 percent of the area of all taxable real property that is liable for assessment under the proposal. This Petition is hereby filed with the City Secretary of the City, or other officer performing the functions of the municipal secretary, in support of the creation of the District by the City Council of the City as herein provided. The undersigned request that the City Council of the City call a public hearing on the advisability of the Authorized Improvements, give notice thereof as provided by law and grant all matters requested in this Petition and grant such other relief, in law or in equity, to which Petitioner may show itself to be entitled. RESPECTFULLY SUBMITTED, on this the 19th day of October, 2018. PETITIONER: CADG Hurricane Creek, LLC, a Texas limited liability company By: CADG Holdings, LLC, a Texas limited liability company Its: Member By: MMM Ventures, LLC, a Texas limited liability company Its: Manager By: 2M Ventures, LLC, a Delaware limited liability company Its: Manager By: - '-/ '4 �/ "—/ Name: Mehrdad Moayedi Its: Manager STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me on the � day of , 2018 by Mehrdad Moayedi, Manager of 2M Ventures, LLC, a Delaware limited liability company, as Manager of MMM Ventures, LLC, a Texas limited liability company, as Manager of CADG Holdings, LLC, a Texas limited liability company, as Member of CADG Hurricane Creek, LLC, a Texas limited liability company, on behalf of said company. Ill1"B SHARON JARRELLS �V J �Pfty Notary Public, State of Texas Notary Public, State of exas 9 F Comm. Expires 08-23-2022 ''!i°; Notary ID 131695192 I W.14 so ttam LEGAL DESCRIPTION 368.2 ACRES BEING all that certain tract of land situated in then Joseph Boyle, Survey, Abstract Number 105, the John Coffman Survey, Abstract Number 197 the J. M, Kincade Survey, Abstract Number 509 j. W. Mitchel Survey, Abstract Number 565 the W. Rattan Survey, Abstract Number 752 ancl the T. Rattan Survey, Abstract Number 785, Collin, 6urity, Texas and being all of a called 262.41 acre tract as described by deed to Villages of Hurricane Creek, LP recorded in Volume 5430, ?age 9U4 of County Reccirds, Collin County, Texas and being part of a called 114,152 acre of land described by deed to Don Collins, et al recorded in Volume 5257, Page 4877 of said County Records and being more particularly described by metes and bounds as follows-, BEGINNING at the southeast corner of said 262.41 acre tract, In the west line of Said 114.252 acre tract: THENCE S 8905424"W) 2687.94 feet; THENCE N 00004'27 N W, 387.21 feet; THENCE N 89"58'14"W, 849.21 feet; THENCE N 03$33"44"E,1.1,88.00 feet,, THENCE N W26126"W, 365,15 feet; THENCE N 2YOW27"W, 67.47 feet; THENCE N 02' 48`15"E, 1930.11 feet; THENCE N 89*52'55"F, 465,63 feet; THENCE N 89"15'32"E , 742.56 feet; THENCE S 9000OU!"'E0 1755,97 feet to the northeast comer of said 262.41 acre tract of land and being the northwest comer of said 114.252 acre 7--ract; THENCE N 89'11"00"E, 794,06 feet; THENCE S 00010'57"W, 232.19 feet; THENCE N 89°56"12"E, 1184,36 feet, THENCE 5 01006'3911, 55,96 feet to the beginning of a curve to the right; THENCE with sold curve to the right, q n arc distance of 205,39 feet, through a central angle of 16*4841" , having a radius of 7W= feet, the long chord which bears S 07 17"41"W, 204.65 feet; THENCE S 15°42'02" ,12160 feet; THENCE with said curva to the left, an are distance of'20539 feet, throuth a central angle of 16"48'41" ' having a radius of 700.00 feet, the long chi - ears S 0n 17'41" 204-65 feet, THENCE S 01006'39-E, 201.55 feet, THENCE with said curve to the right, an arc distance of 110,43 feet, through a central an f.le, of 0903J.'48'"." 48, having a radius of 699.99 feet, the long chord which boars S 03 `15"W, 116.30 feet, THENCE S 08-25'09''W, 393.86 feet-, T14F.Mr-€ with said curue to the left, an :err d1rt i ince of 101._51q feet, through a central angle of 08019'23", having a radius of 700.03 feet, the long chord which bears 5 04 1428"4W, 101 - 60 feet; THENCE S 00-05'44"W, 103&62 feet; THENCE with said curve to the right, an arc distance of 53(),6 1 feet, through a central, angle of 43025'52', having a radius of 700,00 feet, the long chord which bears S 21 48140-W, 518.00 feet; THENCE S 43031'37"W, 141-38 feet. - THENCE with said curve to the right, an arc distance of 25.41 feet, through a, central angle of 00002'48", having a radius of 400,00 feet, the long chord which beam 5 43 40'02"%W, 25,4. feet; THENCE N 89044'50"W, 655,015 feet; THENCE 5 00"5 W1 I'T, 26.5,80 feet to the Point of Beginning a nd cont a 1 ning 16,037,3 78 square feet or 368.2 acres of land more or less. N 89"52'5-r%'E 465,63' N23'08'27'W 67,47' — N80'26'26'W 365,15' "67, l''T'271W EXHIBIT B PROPERTY DEPICTION N89"l VOWE L--.VS00'10'67"W 56, 390100WE, 17q5,q7'Ntjq,56,12'*'F'1 -,-- 1 94.3V _ mmmlw� Sol . 261TE R=700.L'M' 55.96 =205,39' - D=16'4M" C8 --57'17'41'W Cf) --204.65 ri'42'02'1V, 121,60, -- - p In R=700,00' =205.3W 0=16*48'41" CD CB=57'17'41'W CD=204R5 R=6699,99' =11=116,43' cB=s3,38`15,,W CD=1 16.30 R=706,63' =101.6q' C& --54415'28'W CD=101,6D R=700.00, =530.6t, 0=43'2V52" C 9 CB--S21*48'4GjW 2 '411"IN CD==618.00 F17=400,0W 1 W3 V37 S43'31'37W 310 iT "W 3 -25,41' D=001021481 CB=843'40'OT V��— GD=25,41 .44,6U, ;N89'44 587,0 7 .0 587,i ,;; ate. -,F� fI-; EXHIBIT B CITY OF ANNA, TEXAS NOTICE OF PUBLIC HEARING REGARDING THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT Pursuant to Section 372.009(c) and (d) of the Texas Local Government Code, as amended (the "Act"), notice is hereby given that the City Council of the City of Anna, Texas ("City"), will hold a public hearing to accept public comments and discuss the petition (the "Petition"), filed by CADG Hurricane Creek, LLC, a Texas limited liability company (the "Petitioner"), requesting that the City create the Hurricane Creek Public Improvement District (the "District") to include property owned by the Petitioner and further described herein (the "Property"). Time and Place of the Hearing. The public hearing will start at 7:00 p. m. on November 13, 2018 at Anna City Hall Administration Building, 111 N. Powell Parkway, Anna, Texas 75409. General Nature of the Proposed Authorized Improvements. The general nature of the proposed public improvements (collectively, the "Authorized Improvements") may include: (i) street and roadway improvements, including related sidewalks, drainage, utility relocation, signalization, landscaping, lighting, signage, off-street parking and right-of-way; (ii) establishment or improvement of parks and open space, together with the design, construction and maintenance of any ancillary structures, features or amenities such as trails, playgrounds, walkways, lighting and any similar items located therein; (iii) sidewalks and landscaping, including entry monuments and features, fountains, lighting and signage; (iv) acquisition, construction, and improvement of water, wastewater and drainage improvements and facilities; (v) projects similar to those listed in subsections (i) - (iv) above authorized by the Act, including similar off-site projects that provide a benefit to the property within the District; (vi) special supplemental services for improvement and promotion of the district; (vii) payment of costs associated with operating and maintaining the public improvements listed in subparagraphs (i) - (vii) above; and (viii) payment of costs associated with developing and financing the public improvements listed in subparagraphs (i) - (vii) above, and costs of establishing, administering and operating the District. These Authorized Improvements shall promote the interests of the City and confer a special benefit upon the Property. Estimated Cost of the Authorized Improvements. The estimated cost to design, acquire and construct the Authorized Improvements, together with bond issuance costs, eligible legal and financial fees, eligible credit enhancement costs and eligible costs incurred in establishment, administration and operation of the District is not to exceed $30,000,000. Proposed District Boundaries. The District is proposed to include approximately 368.2 acres of land generally located north of FM 455, west of U.S. Highway 75, and east of the City's western city limits, located within the City and as more particularly described by a metes and bounds description available at Anna City Hall located 11 N. Parkway, Anna, Texas 75409 and available for public inspection. Proposed Method of Assessment. The City shall levy assessments on each parcel within the District in a manner that results in imposing equal shares of the costs on property similarly benefited. All assessments may be paid in full at any time (including interest and principal), and certain assessments may be paid in annual installments (including interest and principal). If an assessment is allowed to be paid in installments, then the installments must be paid in amounts necessary to meet annual costs for those Authorized Improvements financed by the assessment, and must continue for a period necessary to retire the indebtedness of those Authorized Improvements (including interest). Proposed Apportionment of Cost between the District and the City. The City will not be obligated to provide any funds to finance the Authorized Improvements, except for assessments levied on real property within the District and possible tax reinvestment zone revenue. No municipal property in the District shall be assessed. All of the costs of the Authorized Improvements will be paid from assessments and from other sources of funds, if any, available to the Petitioner. During the public hearing, any interested person may speak for or against the establishment of the District and the advisability of the improvements to be made for the benefit of the property within the District. EXHIBIT C BEING all that certain tract of land situated in thea Joseph Boyle Survey, Abstract Number 105, the .John Coffman Survey, Abstract Number 1.97 the J. M. Kincade Survey, Abstract Number 5091. W. Mitchel Survey, Abstract Number 565 the W. Rattan Survey, Abstract Number 752 and the T. Rattan Survey, Abstract Number 785, Collin County, Texas and being all of a called 262.41. acre tract as described by deed to Villages of Hurricane Creek, LP recorded in Volume 5430, Page 9864 of County Records, Collin County, Texas and beim Part of a called 114..252 acre of land described by deed to Don Collins, et al recorded in Volume 5257, Rage 4877 of said County Records and being more particularly described by metes and bounds as follows: BEGINNING at the southeast corner of said 262.41 acre tract, in the west line of said 11 252 acre tract: THENCE S 89$54'24"W 2687.84 feet, THENCE N 00°04`27"W, 387.21 feet; THENCE N 89'58'14"tltlp 849.21 feet, THENCE N 03'33'44"E, 1188.00 feet; THENCE N 88"26'26"W, 365.15 feet; THENCE N 23"08'27"W, 67.4' feet; THENCE N 02648'15"Ep 1930,31 feet; THENCE lei 89°52'55"E, 465.63 feet; THENCE N 89°15'32"E, 742.56 feet; THENCE S 90 i'Oti"E,1755,97 feet to the northeast corner of said 262.41 acre tract of land and bele the northwest corner of said 114.252 acre tract; THENCE N 89 11'00"E, 794.06 feet; THENCE 5 00"I.O'57p'W, 23118 feet; WHENCE Irl 89°56"12"E, 1184. 6 feet; THENCE S 02°06'39"E, 55,96 feet to the beginning of a curve to the right; THENCE with said curve to the right, an arc distance of 205.39 feet through a central angle of 16°48'41.", having a radius of 700.00 feet, the long chord which hears S 07 17"41"W.- 204.65 feet; THENCE S 15"42'02"W, 121.60 feet, THENCE with said crve' to the left, an ars: distantp of 215.39 feet, throe h a central angle of 16'4841", having a radius of 700.00 feet, the long chard which bears S 07 1741"W, 204.65 feet; THENCE S 01*06'39"E, 201.55 feet; THENCE with aidcurve to the right, an arc distance of 116.43 feet, through a central ,angle of 09631'48", having a radius of 699.99 feet, the long chord which bears 5 03 39'1 511W, 116.30 feet; THENCE 5 08025'09"W, .393.86 feet; THENCE with said curve to the left, an are distance of 101.69 feet, through a central angle f 08°1,9'23", having a radius of 700.03 feet, the long chord which nears S 04'15'28-W, 101.60 feet, THENCE S 00'05"44"W,1035.62 feet; THENCE with said curve to the right, an arc distance of 530.61 feet, through a central angle of 43°2552", having a radius of 700.03 feet the long chord which bears S 21048'40"W, 518.00 feet; THENCE S 43"31'37"ilU', 241.38 feet; THENCE with said curve to the right, an arc distance of 25.41 feet through a central angle f 00°02'48", having a radius: of 400.00 feet, the long chordwhichears S 43'40'02"W, 25.41 feet; THENCE N 89.44'SD"'W, 655,016 feet; THENCE S 00"56'1.1"E, 265.80 feet to the Point of Beginning and containing 16,037,378 square feet or 368.2 acres of land more or less. AFFIDAVIT OF PUBLICATION THE STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared the person whose name is subscribed below, who, being by me first duly sworn, upon oath deposed and said: 1. That this affiant is a duly authorized officer or employee of the Herald Democrat, which is a newspaper of general circulation in the City of Anna, Texas. 2. That said newspaper is a newspaper as defined by Section 2051.044, Texas Government Code, as amended, and as such: (1) devotes not less than 25 percent of its total column lineage to general interest items; (2) is published at least once a week; (3) is entered as second-class postal matter in the county where published; and (4) has been published regularly and continuously for at least 12 months prior to publishing the notice referenced below. 3. That attached hereto is a true, full and correct copy of a NOTICE OF PUBLIC HEARING REGARDING THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT which was published in said newspaper on Thursday, October 25, 2018. Authorized Officer or Employee SWORN TO AND SUBSCRIBED BEFORE ME, this the day of October 2018. Notary Public, State of Texas [NOTARY SEAL] CITY OF ANNA, TEXAS NOTICE OF PUBLIC HEARINO WARDING THE CREATION Of A PUBLIC IMPROVEMENT DISTRICT Pursuant to Section 372_(c) and (d) of the Texas Local Government Coale as arnonded (the "Act"), notice Is hereby of the Cl othat Ann?. Teixa ("City") WIN hold a public hearing to accept public comments and discuss the petition (the "Petition" , filed by CARO Hurricane C LLC, a Texas ffmit�d fdabifi r company (the "�etttioner"Nj, rerauestino that the City create the Hurricane Creek Public impprrovement District (the "pistrlct") to Include property owned by the Petitioner and further described herein (the "Property"), Time and Place of the Hearing. The public hearing will start at 7.00 pm. on November li, 2818 at Anna Clty Hall Administration Building, til A Powell parkway, Anna, Texas 75489. General Nature Of ttw Proposed Authorized Improvements. This general nature of the proposed public 1pkrovera>iont icollectively. the uthor xe mprovements") may include. (1) street Zip roadway Improvements, Including related sidewalks, drainagge, utility relocation, signalization, any a ares or sm or pro . (vii) above; nt of costs rveloping and listed tmblIn (vii) abovei establishing, operating the Authorized I promote the ty and confer t upon the and is not to exceed Proposed District Boundaries. The District is proposed to Include approximately 36,2 acres of land generally located north of FM 455, west of U.S. Highway 75, and east of the City's western city limits, Dated within the City and as more park ularly describe by a metes anti bounds description available at Anna City Halt located III N. Parkway, Anna., texas 75409 and available for public Inspection, Proposed Method of Assessment, The City shall levy assessments on each parcel within the District in a manner that results In Imposing equal :hires of thio Ph4at ran nrr,ai[rty nd principal). if an t is allowed to be pstaliments, then the is must he paid In necessary to meet costs for those Improvements by the assessment, Continue ford period to retire the tss of those All of the casts of the Authorized Improvements will be paid from assessments and from other sources of funds, if any, available to the Petitioner. During the public hearinra, any Interested person may speaak for or aggaainst the establishment of the district and the advisability of the improvements to be made for tits benefit of the property within the District. Account:165222 Name:MCCALL, PARKHURST & I Order Price: $407.09 Ad Price:$407.09 Product Placement HD -Herald Democrat Legal Ads Suggestions Add Days Cost Product Placement HD -Herald Democrat Or Legal Ads Suggestions 10/25/2018 Add Days Cost 1 $1.00 Product Placement HD -TW Anna -Melissa Tr Legal Ads Suagestions Cost Cost/Unit Add Days Cost Placed By:Cecilia Suarez Sales Rep.jsewell Position Start End Inserts Cost Cost/Unit Liner - Can Wrap 10/25/2018 10/25/2018 1 $264.29 $3.16 Cost/ Unit C / U Savings CPI Savings Add Cost Position Start End Inserts Cost Cost/Unit Liner - Can Wrap 10/25/2018 10/25/2018 1 $1.00 $1.00 Cost/ Unit C / U Savings CPI Savings Add Cost $0.50 $0.50 $0.50 $0.00 Position Start End Inserts Cost Cost/Unit Liner - Can Wrap 10/25/2018 10/25/2018 1 $141.80 $0.22 Cost / Unit C / U Savinas CPI Savings Add Cost CITY OF ANNA, TEXAS NOTICE OF PUBLIC HEARING REGARDING THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT Pursuant to Section 372.009(c) and (d) of the Texas Local Government Code, as amended (the "Act"), notice is hereby given that the City Council of the City of Anna, Texas ("Ci"), will hold a public hearing to accept public comments and discuss the petition (the "Petition"), filed by CADG Hurricane Creek, LLC, a Texas limited liability company (the "Petitioner"), requesting that the City create the Hurricane Creek Public Improvement District (the "District") to include property owned by the Petitioner and further described herein (the "Property"). Time and Place of the Hearin. The public hearing will start at 7:00 p.m. on November 13, 2018 at Anna City Hall Administration Building, 111 N. Powell Parkway, Anna, Texas 75409. General Nature of the Proposed Authorized Improvements. The general nature of the proposed public improvements (collectively, the "Authorized Improvements") may include: (i) street and roadway improvements, including related sidewalks, drainage, utility relocation, signalization, landscaping, lighting, signage, off-street parking and right-of-way; (ii) establishment or improvement of parks and open space, together with the design, construction and maintenance of any ancillary structures, features or amenities such as trails, playgrounds, walkways, lighting and any similar items located therein; (iii) sidewalks and landscaping, including entry monuments and features, fountains, lighting and signage; (iv) acquisition, construction, and improvement of water, wastewater and drainage improvements and facilities; (v) projects similar to those listed in subsections (i) - (iv) above authorized by the Act, including similar off-site projects that provide a benefit to the property within the District; (vi) special supplemental services for improvement and promotion of the district; (vii) payment of costs associated with operating and maintaining the public improvements listed in subparagraphs (i) - (vii) above; and (viii) payment of costs associated with developing and financing the public improvements listed in subparagraphs (i) - (vii) above, and costs of establishing, administering and operating the District. These Authorized Improvements shall promote the interests of the City and confer a special benefit upon the Property. Estimated Cost of the Authorized Improvements. The estimated cost to design, acquire and construct the Authorized Improvements, together with bond issuance costs, eligible legal and financial fees, eligible credit enhancement costs and eligible costs incurred in establishment, administration and operation of the District is not to exceed $30,000,000. Proposed District Boundaries. The District is proposed to include approximately 368.2 acres of land generally located north of FM 455, west of U.S. Highway 75, and east of the City's western city limits, located within the City and as more particularly described by a metes and bounds description available at Anna City Hall located 111 N. Parkway, Anna, Texas 75409 and available for public inspection. Proposed Method of Assessment. The City shall levy assessments on each parcel within the District in a manner that results in imposing equal shares of the costs on property similarly benefited. All assessments may be paid in full at any time (including interest and principal), and certain assessments may be paid in annual installments (including interest and principal). If an assessment is allowed to be paid in installments, then the installments must be paid in amounts necessary to meet annual costs for those Authorized Improvements financed by the assessment, and must continue for a period necessary to retire the indebtedness of those Authorized Improvements (including interest). Proposed Apportionment of Cost between the District and the City. The City will not be obligated to provide any funds to finance the Authorized Improvements, except for assessments levied on real property within the District and possible tax reinvestment zone revenue. No municipal property in the District shall be assessed. All of the costs of the Authorized Improvements will be paid from assessments and from other sources of funds, if any, available to the Petitioner. During the public hearing, any interested person may speak for or against the establishment of the District and the advisability of the improvements to be made for the benefit of the property within the District. Carrie Smith From: Rudy Segura <rsegura@mphlegal.com> Sent: Friday, October 19, 2018 1:59 PM To: Cecilia Suarez Cc: Carrie Smith Subject: Fwd: Legal ad proof and cost Attachments: AdQText.pdf, ATT00001.htm Cecilia, The attached proof looks good. Please tell them to proceed and to bill my credit card. Thank you, Rodolfo Segura Jr McCall, Parkhurst & Horton L.L.P. 717 N. Harwood, Suite 900 Dallas, TX 75201 P: (214) 754-9268 F: (214) 754-9250 rsegura@mphlegal.com Begin forwarded message: From: Cecilia Suarez <csuarez@mphlegal.com> Date: October 19, 2018 at 1:40:47 PM CDT To: Rudy Segura <rsegura@mphlegal.com> Subject: FW: Legal ad proof and cost Rudy - Did you want them to use the Discover card they have on file? Also please let me know if the proof is good to go. Cecilia Suarez T 214.754.9222 -----Original Message ----- From: HD -Sewell, Jeanine [mailto:isewell@heralddemocrat.com] Sent: Friday, October 19, 2018 1:38 PM To: Cecilia Suarez <csuarez@mphlegal.com> Subject: Legal ad proof and cost Hello Cecilia: Here is a proof of the legal for you. The net cost for the Anna -Melissa Tribune and the Herald Democrat for October 25 will be $407.09. Please let me know if this is ok and if you would like for me to use the Discover card on file ending with 8124. Also, will you be needing 4 tearsheets from the Anna Melissa Tribune as well as the Herald Democrat? Please let me know if this is ok. Thank you! Jeanine This message may contain confidential and/or privileged information. If you are not the intended recipient or authorized to receive this for the intended recipient, you must not use, copy, disclose or take any action based on this message or any information herein. If you have received this message in error, please advise the sender immediately by sending a reply e-mail and delete this message. Thank you for your cooperation. CONFIDENTIALITY NOTICE This e-mail message from McCall, Parkhurst & Horton L.L.P. is intended only for the individual or entity to which it is addressed. This e-mail may contain information that is privileged, confidential and exempt from disclosure under applicable law. Ifyou are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication Is strictly prohibited. Ifyou received this e-mail by accident, please notify the sender immediately and destroy this e-mail and all copies of It -- 7018 0360 0002 1798 1809 - -- � "UIOUJUUUUUZ1/JOiOUy/ ----------- -- - ---- -------- - Total $5.29 Credit Card Remitd $5.29 (Card Name:MasterCar,d) (Account #:XXXXXXXXXXXX9293) (Approval 0:094593) (Transaction #:128) (AID:A0000000041010 Chip) (AL:MASTERCARD) (PIN:Not Required) Text your tracking number to 28777 (2USPS) to get the latest status. Standard Message and Data rates may apply. You may also visit www.usps.com USPS Tracking or call 1-800-222-1811.