HomeMy WebLinkAboutRes 2019-02-544 Anna Crossing SIACITY OF ANNA, TE -HAS
RESOLUTION NO. AAIg.. () 'g q
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVIINIG A SUBDIVISml
IMPROVEMENT AGREEMENT WITH ANNA CROSSING AMC, LTD.
WHEREAS, Anna Crossing AMC, Ltd. (The Owners) owns and desires to develop a
parcel of property composed of approximately 633 acres of land located entirely within
the corporate limits of the City of Anna, Texas (the City); and,
WHEREAS, the Owner has constructed water facilities in connection with development
of the property; and,
WHEREAS the Owner has requested water impact fee credits for the construction of a
twelve -inch water line instead of the required 8 -inch facilities;
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 Subdivision Improvement Agreement
The City Council hereby approves the Subdivision Improvement Agreement for Anna
Town Square, attached hereto as Exhibit A, and ratifies and approves the City
Manager's execution of the same. The City Manager is hereby authorized to execute
all documents and 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 26th
day of February 2019.
ATTEST:
Carrie L. Smith, City Secretary
APPROVED:
Mayor, N to Pike
IMPACT FEE CREDIT AGREEMENT
This Impact Fee Credit Agreement (this "Agreement") is entered into between the City of Anna,
Texas (the "City") and Anna Crossing AMC Ltd., ("Developer").
WHEREAS, Developer and the City are sometimes collectively referenced in this Agreement as
the "Parties," or, each individually, as "Party"; and
WHEREAS, it is the Parties' mutual intent that this Agreement shall govern only the subject
matter specifically set forth herein and that this Agreement, and shall supersede any previous
agreement between the Parties only to the extent that any such agreements directly conflict with
the terms of this Agreement; and
WHEREAS, Developer owns and desires to develop a parcel or parcels of real property (the
"Property") in Collin County, Texas, which is composed of approximately 633 acres of land located
entirely within the corporate limits of the City of Anna and is more particularly and separately or
jointly described in the attached Exhibit A; and,
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree
as follows:
SECTION 1 RECITALS INCORPORATED
The recitals set forth above are incorporated herein as if set forth in full to further describe the
Parties' intent under this Agreement and said recitals constitute representations by Developer
and the City.
SECTION 2 DEFINITIONS
City Code means the Anna City Code of Ordinances.
City Manager means the current or acting City Manager of the City of Anna or a person
designated to act on behalf of the City Manager with respect to this Agreement if the designation
is in writing and signed by the current or acting City Manager.
City Regulations mean City Code provisions, ordinances, design standards, uniform codes, and
other policies duly adopted by the City.
Development means the new development on the Property that is the subject of this Agreement.
Construction Cost, with respect to the engineering, design, and construction of the Water Project,
means $98,128.23.
Final Construction Cost with respect to the Water Project, means the dollar amount actually paid
for the engineering, design, and construction of the Water Project at the time of full and final
IMPACT FEE CREDIT AGREEMENT
completion, dedication and acceptance the Water Project. City inspection fees shall not be
included in the Final Construction Cost.
Final Credit Amount, with respect to the Water Project, means a dollar amount equal to the
Estimated Construction Cost or the Final Construction Cost, whichever is less.
Water Project means a 12 -inch water main from Station 23+94.25 in Leonard Drive to Station
0+00.00 which is on the 18 -inch water line following the Dart Railroad, further described and
depicted in Exhibit B, attached hereto.
SECTION 3 GENERAL PROVISIONS.
(a) Documentation of Actual Amount Paid. Once Developer fully completes the Water Project,
and before the City has accepted such Water Project after inspection, Developer shall
provide the City Manager with documentation reasonably acceptable to the City Manager
evidencing the Final Construction Cost.
(b) Maintenance Bond. For each construction contract for any part of the Water Project,
Developer or Developer's contractor further must execute a Maintenance Bond in
accordance with applicable City Regulations that guarantee the costs of any repairs which
may become necessary to any part of the construction work performed in connection with
the Water Project, arising from defective workmanship or materials used therein, for a full
period of two (2) years from the date of final acceptance of the Water Project constructed
under such contract.
(c) Approval of Plats/Plans. Approval by the City, the City's engineer or other City employee or
representative, of any plans, designs or specifications submitted by Developer pursuant to
this Agreement or pursuant to City Regulations shall not constitute or be deemed to be a
release of the responsibility and liability of Developer, his engineer, employees, officers or
agents for the accuracy and competency of their design and specifications. Further, any
such approvals shall not be deemed to be an assumption of such responsibility and liability
by the City for any defect in the design and specifications prepared by Developer's
engineer, his officers, agents, servants or employees, it being the intent of the parties that
approval by the City's engineer signifies the City's approval on only the general design
concept of the improvements to be constructed.
(d) Insurance. Developer or its contractor(s) shall acquire and maintain, during the period of
time when any of the Water Project are under construction (and until the full and final
completion of the Water Project and acceptance thereof by the City: (a) workers
compensation insurance in the amount required by law; and (b) commercial general
liability insurance including personal injury liability, premises operations liability, and
contractual liability, covering, but not limited to, the liability assumed under any
indemnification provisions of this Agreement, with limits of liability for bodily injury, death
and property damage of not less than $1,000,000.00. Such insurance shall also cover any
and all claims which might arise out of the Water Project construction contracts, whether
IMPACT FEE CREDIT AGREEMENT
by Developer, a contractor, subcontractor, materialman, or otherwise. Coverage must be
on an "per occurrence" basis. All such insurance shall: (i) be issued by a carrier which is
rated "A-1" or better by A.M. Best's Key Rating Guide and licensed to do business in the
State of Texas; and (ii) name the City as an additional insured and contain a waiver of
subrogation endorsement in favor of the City. Upon the execution of Public Improvement
construction contracts, Developer shall provide to the City certificates of insurance
evidencing such insurance coverage together with the declaration of such policies, along
with the endorsement naming the City as an additional insured. Each such policy shall
provide that, at least 30 days prior to the cancellation, non -renewal or modification of the
same, the City shall receive written notice of such cancellation, non -renewal or
modification.
(e) Indemnification and Hold Harmless. DEVELOPER COVENANTS AND AGREES TO INDEMNIFY
AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR
SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING,
WITHOUT LIMITATION, DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR
CHARACTER, WHETHER REAL OR ASSERTED (INCLUDING, WITHOUT LIMITATION,
REASONABLE ATTORNEYS FEES AND RELATED EXPENSES, EXPERT WITNESS FEES AND
RELATED EXPENSES AND OTHER CONSULTANT FEES AND RELATED EXPENSES) ARISING
OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE NEGLIGENT OR
OTHERWISE WRONGFUL ACTS OR OMISSIONS OF DEVELOPER, ITS AGENTS, SERVANTS,
CONTRACTORS SUBCONTRACTORS MATERIAL MEN OR EMPLOYEES IN CONNECTION
WITH THE DESIGN, CONSTRUCTION OR INSTALLATION OF THE WATER PROJECT,
INCLUDING BUT NOT LIMITED TO INJURY OR DAMAGE TO CITY PROPERTY. SUCH
INDEMNITY SHALL SURVIVE THE TERM OF THIS AGREEMENT. AT NO TIME SHALL THE CITY
HAVE ANY CONTROL OVER OR CHARGE OF THE DEVELOPER'S DESIGN, CONSTRUCTION OR
INSTALLATION OF ANY OF THE WATER PROJECT THAT ARE THE SUBJECT OF THIS
AGREEMENT, NOR THE MEANS, METHODS, TECHNIQUES, SEQUENCES OR PROCEDURES
UTILIZED FOR SAID DESIGN, CONSTRUCTION OR INSTALLATION. THIS AGREEMENT DOES
NOT CREATE A JOINT ENTERPRISE BETWEEN THE CITY AND DEVELOPER. DEVELOPER
FURTHER COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE
CITY AGAINST ANY AND ALL CLAIMS OR SUITS, BY ANY PERSON CLAIMING AN INTEREST
IN THE PROPERTY WHO HAS NOT SIGNED THIS AGREEMENT AND WHICH CLAIMS: (1)
ARISE IN ANY WAY FROM THE CITY'S RELIANCE UPON DEVELOPER'S REPRESENTATIONS
IN THIS AGREEMENT; (2) RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH THIS
AGREEMENT OR IN CONNECTION WITH DEVELOPMENT OF THE PROPERTY; OR (3) ARISE
IN ANY WAY FROM THE CITY'S APPROVAL OF ANY TYPE OF DEVELOPMENT APPLICATION
OR SUBMISSION WITH RESPECT TO THE PROPERTY. NOTWITHSTANDING THIS PROVISION
OR ANY OTHER PROVISION OF THIS AGREEMENT, DEVELOPER SHALL NOT BE OBLIGATED
TO INDEMNIFY, DEFEND, OR HOLD THE CITY HARMLESS FOR THE CITY'S OWN NEGLIGENCE
OR GROSS NEGLIGENCE.
IMPACT FEE CREDIT AGREEMENT
SECTION 4 WATER PROJECT
(a) Developer Obligations.
Developer shall construct the Water Project depicted on the attached Exhibit B, and all
Water Improvements appurtenant to the Water Project.
(b) City Obligations
(1) The Final Credit Amount shall be a credit against water impact fees otherwise due to
the City from Development of the Property. The water impact fee credit for the
construction of the Water Project shall be redeemed at the time of issuance of building
permits, and such redemption shall apply to the full amount of the water impact fees
that would otherwise be collected until the water impact fee credit authorized by this
Agreement has been exhausted.
(2) Notwithstanding Section 4(b)(1) above, the Water impact fee credit for construction of
the water Project shall not exceed the total amount of water impact fees due from
Development of the Property.
(3) Notwithstanding Section 4(b)(1) above, the impact fee credit authorized by this
Agreement shall expire on September 30 in the tenth year following the date the
Water Project is complete and formally accepted by the City.
(4) The City shall have the right to collect water impact fees due from the Development of
the Property after the credit authorized by this Agreement has been exhausted or
after the credit expires, whichever occurs first.
SECTION 5 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
public notary. The City's duties and obligations hereunder shall not arise unless and until
the City Manager and the Developer have duly executed this Agreement.
SECTION 6 TERMINATION
This Agreement and all obligations of the Parties hereto, shall terminate upon full
performance of the terms of this Agreement.
SECTION 7 SUCCESSORS AND ASSIGNS
(a) All obligations and covenants of Developer under this Agreement shall constitute
covenants running with the land, and shall bind Developer and each successive Developer
of all of any portion of the Property.
IMPACT FEE CREDIT AGREEMENT
(b) This Agreement shall not be assignable by Developer without the prior written consent of
the City.
SECTION 8 MISCELLANEOUS PROVISIONS
(a) Authority to execute contract. The undersigned officers and/or agents of the parties
hereto are the properly authorized officials and have the necessary authority to execute
this Agreement on behalf of the parties hereto, and each party hereby certifies to the other
that any necessary resolutions or other act extending such authority have been duly passed
and are now in full force and effect.
(b) Notice. All notices, demands or other communications required or provided hereunder
shall be in writing and shall be deemed to have been given on the earlier to occur of actual
receipt or three (3) days after the same are given by hand delivery or deposited in the
United States mail, certified or registered, postage prepaid, return receipt requested,
addressed to the parties at the addresses set forth below or at such other addresses as
such parties may designate by written notice to the other parties in accordance with this
notice provision.
If to the City: City of Anna
Attn: City Manager
P.O. Box 776
111 N. Powell Parkway
Anna, TX 75409
If to Developer: John Arnold, Director
8214 Westchester Drive, Suite 710
Dallas, Texas 75335
(c) Complete Agreement. This Agreement embodies the entire Agreement between the
Parties and cannot be varied or terminated except as set forth in this Agreement, or by
written agreement of the City and Developer expressly amending the terms of this
Agreement.
(d) Applicable Law and Venue. This Agreement shall be performable and all compensation
payable in Collin County, Texas. Venue and exclusive jurisdiction under this Agreement lies
in a court of competent jurisdiction in Collin County, Texas.
(e) Severability. If any clause, paragraph, section or portion of this Agreement shall be found
to be illegal, unlawful, unconstitutional or void for any reason, the balance of the
Agreement shall remain in full force and effect and the unlawful provision shall be replaced
with a provision as similar in terms and effect to such unlawful provision as may be valid,
legal and enforceable.
IMPACT FEE CREDIT AGREEMENT
(f) Representation. Each signatory representing this Agreement has been read by the party
for which this Agreement is executed and that such Party has had an opportunity to confer
with its counsel.
(g) Consideration. This Agreement is executed by the Parties hereto without coercion or
duress and for substantial consideration, the sufficiency of which is hereby acknowledged.
(h) Waiver. Waiver by either Party or any breach of this Agreement, or the failure of either
Party to enforce any of the provisions of this Agreement, at any time, shall not in any way
affect, limit or waive such Party's right thereafter to enforce and compel strict compliance
of the Agreement.
(i) Miscellaneous Drafting Provisions. This Agreement was drafted equally by the Parties
hereto. The language of all parts of this Agreement shall be construed as a whole
according to its fair meaning, and any presumption or principle that the language herein is
to be construed against any Party shall not apply. Headings in this Agreement are for the
convenience of the Parties and are not intended to be used in construing this document.
(j) No Other Beneficiaries. This Agreement is for the sole and exclusive benefit of the City,
Developer and Payee and is not intended to and shall not confer any rights or benefits on
any third party not a signatory hereto.
(k) Binding Effect. This Agreement shall bind and inure to the benefit of the City and
Developer and to any successor Developer/developer of the Property, may be recorded in
the Collin County property records, and runs with the land.
(1) Counterparts. This Agreement may be executed in a number of identical counterparts,
each of which shall be deemed an original for all purposes.
(m) No Waiver of Development Ordinances. No waiver of any provision of this Agreement will
be deemed to constitute a waiver of any other provision or any other agreement between
the Parties. No waiver of any provision of this Agreement will be deemed to constitute a
continuing waiver unless expressly provided for by written amendment to this Agreement;
nor will the waiver of any default under this Agreement be deemed a waiver of any
subsequent defaults of the same type. Nothing herein shall waive any obligations of
Developer under applicable City Regulations.
[SIGNATURES PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
IMPACT FEE CREDIT AGREEMENT
Developer:
Anna Crossing AMC Ltd.
By:
John Arnold , its Director
IN WITNESS WHEREOF:
STATE OF TEXAS
COUNTY OF
Before me, the undersigned notary public, on the day of '2019,
personally appeared , known to me (or proved to me) to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me that he executed the
same in his capacity as
IMPACT FEE CREDIT AGREEMENT
of
Notary Public, State of Texas
CITY OF ANNA
0
Jim Proce, City Manager
IN WITNESS WHEREOF:
STATE OF TEXAS
COUNTY OF
Before me, the undersigned notary public, on the day of '2019,
personally appeared Philip Sanders, known to me (or proved to me) to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me that he executed the
same in his capacity as City Manager of the City of Anna, Texas.
Notary Public, State of Texas
IMPACT FEE CREDIT AGREEMENT
ATTACHMENTS
Exhibit A — The Property (legal description)
Exhibit B — Water Project
IMPACT FEE CREDIT AGREEMENT
EXHIBIT A LEGAL DESCRIPTIONS
ANNA TOWN SQUARE (+/- 634 ACRES)
LEGAL DBSCRIPTION
TRACT 1
BEING, a tract of land out of the Grandison Stark, Abstract No, 798, and beingpart of a 238,614
acretract, as recorded in Vol, 4942, Pg. 511, a40,001 acre tract, as describedinDoeumentNo,
20070409000472400, a 43.67 acre tract, as desorlbed in Volume 5717, Page, 2431, a 23,80 acre
tract, as described in Document No, 20070208000183560, a 40,00 sore tract, as described in
Volume 5622, Page 1863, a 129.92 acre tract, as described in Volume 5691, Page 2600, and a
40,5746 acre tract, ns desorlbed in Volume 5618, Page 2878 In the Deed Records of Collin
County, Texas, and being moreparticularly described as follows;
BEGINNING, at a 5/8 inch Iron rod found at the most northerly northeast corner of said 40,001
acre tract, being the west line of Wildwood Farms Addition, an addition to the City of Anna, as
described In Vol, 0, Pg, 746, in the Piot Records of Collin County, Texas;
TFIENCE, South 01°1833" West, along the cast line of said 40,001 acre tract and the west line
of said Wildwood Fauns Addition, for a distance of 736.06 feet, to a 5/8 inch Iron rod found at
the southwest corner of said Wildwood Farms Addition and being an interior ell corner of said
40.001 acre tract;
THENCE, South 88°34'06" Bast, along the north line of said 40,001 acre tract and the south line
of said Wildwood Farms Addition, for u distance of 1234,50 feet, to a 5/8 inch iron rod found at
the northeast corner of said 40,001 acre tract; '
THENCE, South 01°11'46" West, departing the south line of said Wildwood Farms Addition
and along the east line of said 40,001 sore tract, for a distance of 1223,20 feet, to a 5/8 inchiron
rod found at the southeast corner of said 40,001 Gore tract and being the northeast corner of said
43,67 acre tract;
THENCE, South 01°38' 19" West, along the east line of said 4167 acre tract, for a distance of
668.88 feet, to a'/2 inch iron rod found in the north line of La Paloma, an addition to the City of
Anna, as described in Vol, C, Page 418 in said Plat Records;
THENCE, North 89°31'01" West, along the south line of said 43,67 acre tract and along the
north line of said La Paloma, for a distance of 2100.92 feet, to a point for corner at the northwest
corner of said La Paloma and being the northeast corner of said 129,92 acre tract;
THENCE, South 01°13'48" West, along the west line of said La Paloma and the east line of said
129.92 acre tract, for a distance of 1527.89 feet, to a J/2 inch fron rod found at the southeast
corner of said 129,92 acre tract,,
THENCE, North 87°03'41" West, departing the west line of said La Paloma and along the south
line of said 129,92 acre tract, for a distance of 15.88 feet, to a V2, inch Iron rod found,
THENCE, North 89'20'19" West, along the south line of said 129.92 feet, for a distance of
1884.06 foot, to a J/z inch ironrod found;
THENCE, North 01°40'03" East, continuing along said south line, for a distance of 18,35 feet, to
a calculated point for corner;
THENCE, North 88°19'57" West, continuing along said south line, for a distance of 952,27 feet,
to a calculated point For corner;
THENCE, South 0117'22" West, departing said south line, for a distance of 1337,42 feet, to a
)A inch iron rod found at the southeast corner of said 40,5756 acre tract;
THENCE, North 88°14'55" West, along the south line of said 40,5756 acre tract, for a distance
of 669.97 feet, to a calculated point for corner,,
THENCE, North 88°13"09" West, continuing along said south line, for a distance of 331,49 feet,
to a 1/z inch ironrod found;
THBNCB, North 88°12'02" West, continuing along said south line, for a distance of 336,73 feet,
to a 1/z inch iron rod found at the southwest corner of said 40,5756 acre tract;
THENCE, North 00°54' 19" Bast, along the west line of said 40.5756 acre tract, for a distance of
1335,10 feet, to a calculated point for corner in the south line of said 129,92 acre tract;
THBNCE, North 88019157" West, along the south line of said 129,92 acre tract, for a distance of
853,62 fact, to a calculated point for corner at the southwest corner of said 129,92 acre tract;
THENCE, North 19°48'29" Bast, along the west line of sold 129.92 acre tract, for a distance of
2482,75 feet, to a calculated point for corner at the northwest corner of said 40.00 acre tract same
being the southwest corner of sold 238,614 acre tract;
THENCE, North 19049'04" Bast, along the west line of said 238,614 acre tract, for a distance of
787,79 feet, to a calculated point for corner at the point of curvature of a curve to the left, having
a radius of 2914.83 feat, a central angle of 17'50'12", and a tangent of 457,40 feet;
THENCE, continuing along said west line and with said curve to the loft for an arc distance of
907.41 feet (Chard )3earing North 10°53'58" Bast -- 903.75 feet), to a calculated point for corner;
THBNCB, North 01058152" East, continuing along sold west line, for a distance of 186,33 foot,
to a calculated point for corner at the northwest corner of said 238,614 acre tract;
THBNCB, South 88°42' 15" Bast, along the north line of sold 238,614 acre tract, for a distance of '
1359,79 feet, to a 4"x4" concrete monument found;
THENCE, South 88°52' 10" East, continuing along said north line, for a distance of 661,911 feet,
to a 4"x4" concrete monument found;
THENCE, South 88°46'30" Bast, continuing along said north line, for a distance of 1149,22 feet,
to a 5/8 inch iron xod found;
T MNCB, South 88116131" Bast, continuing along said north line, for a distance of 1556,75 feet,
to the POINT OF BEGINNING and containing 569,397 acres of land,
�G-6°f5
LEGAL DESCRIPTION
TRACT2
11ol4e and 110111016 DMI-1pil0n
24,27 Aoros
3HUATEO la thD Mofs of Texun, Coualy of Collin Doingnull of 1110 Qrundruo» Stork Su1ve , AbAlmot Na. 7011, being 1110 port of u
.6,60 Dora Trost II os r000rdod tinder County Cloth hfo, 00- d,0 of 1110 Colfhl County Lon t1 froeorde with Dahl promloos being n�oro
parHoularhl/ dnootlbod w follower
IIEa14N1Nt1 of u lalhuud splku tumid mmkiuy fico hdor00atioll of Iho apploxhnule tnlddle of colmty Mond 492 with the nett
99111-01--erDy lino of Mato HlghYwy No. b, ould oomar Doing tho souihoust cornor of 1110 haroln dotoribod promisoo and tho northeast
r,4ina1 of n 0,911 Dara Will no rodor4od In Vohuno 040, pnpn p.4f nl 1110 0011111 County land Homan:
THENCE wi0t ileo aJJlproxhucto middle of t0uniyy Rood 122, tho south Iona of 00111 prelniasb and Ilse nalllt line of DOW 0,96 aero
iroot, 601, 741,00 fool to 0 railroad eplko tot at iho approximate 0Dolorifno Intor000tion of County Road 422 tvllh County (toad 423
I'nutkig fhn millnv0st Vo nol of cold ;1lornlueo, tho 19111191081 tallier of told 0,06 (lore iruut, and liking In 111n 0aai 11110 of Hugul'n
12,702,0 otro lrooq
1110foE w1111 ilio apprnxfmoto middle of cleanly Rnnd 423 n1onU Iho wont Ileo of onid piomison, tho wont Ihto of nnld MAO ncro
tract anti tllo oast lino of eovoral onulg WOO of lo,ul, North @0'0T83" East, p051ln9 tit 270,72 fool U !-Inoh Iron rod found, pnsohtD
at 4411.83 fool rt VI -Moll iron roti found, py.0411 Ot 010,03 loot n 14-111911 trots rod found, poWny of %3f1.D3 loot n h-1111111 Uon rod
found, paild no UI 639,75.1oot tt YI -inob fron rod found, posoing nt 070,00 foot a PA, hall fount) Mnrking iho intor000lion of County
Rood 1030 ( going wesl), puoshl9 01 1110.64 fool u RK, 111111 found, and continuing (of U natal disignuV of 1145.80 foot to u ralh'ow
applit4 Dal lrutrkhlg On na,lh'woot 0011141 of rtnid plomisou anti 1110 0oltthnroot torpor of a Ul Ontreat m+ rocordud undor County Clark
1f0, 01-011 NO Uf iltt Col)hl Uuvnty Und Itaconhq
T.{ENU 11'1111 ilio nodh Ifno of anld promf000 rod tho 01111th line of unid 1,21 aero Iraol, Hodir 00'26118' fast, pass)n0 at 210,24
toot U e-11101 (fon 1',011 found nlolkrog 1110 Wullleadt Cai1W1 of 0uld 1,21 00Niluot and 1110 eoullwost contor of u O,U4 acro trust (boing
fhn aualaliy poltlnn of a ON aalo 11001 au lecoldnd (11 11aldim Stili Ptlue 21113 of ilia 0011111 %maty Land Reards) IDI 11 Will dlMilljou
of 070.76 foot to a OCA cupped iron rod found in tho vtost light-oE my Iiuo of stoto Highway No, 0 Iuutkhng 1110 0outh0uol Comm of
ouid 5,04 (1010 imill and 1110 110111toaui corner of Vold prolnleoo;
THERM Wilt ilia ouetelly Gua u( ouid pleudaoc and Ileo Yrsatorly 11@ht-of-way line of Shilo HI@hrtuy No, li us follot+s, Santh
02'67'30" Voll, 120,22 (001 10 n Roomn cnppod %-Inch Gen rod Dot morking tho bn@lnning of n mirv0 to (ho, ifulll; Soulhxoototly along
void Dutra having a control angio 01 14'34'01" wide o rodlus of ;+760,72 fool, for an oro dlotonco of 058,41 'tool Schord b flouih
10'02`48" f4oul, 959.44 fool) to n Rol co) led 1 -101 Iron toil Det 111041/10 tiro oral Of unid curvo; 80011)10'119 46" 1'rosl, 1,14.06 foot
to 1110 pulnl of bughadng and 4eutuinhl0 1,05,330 stpmlu tout or 24 V acres of fend,
I7G � O..j i
LEGAL DESCRIPTION
TRACT 3
LMOAL DI-180HIPTION
1,742,150 M hl', 100,0944 AMS
PING a 00,9944 afire trool of land situated In tho GRANDISON OTANK OURVOY, ANTRACT No, 706, 0011111
ounly, Tarns and being part of Iftat celled 174,54 aoro Itao1 of land oonvayed by dood to H, $, Wysong, dated June
D, 1807, reootded In Volumo 144, Pape ?.fill, 06od R000rda, Goilin County, Taxan(0.0.0.0; f,? s�uf being moro
wiloularly dmdbod as follows:
WINNING at ti W" iron rod found for coma(In the soulhr)ast rlghi•af way line of the Unlon 11,0014o RAIRO i
I,Pd2,R,) fa 100' R.O,W.) and being in lho mler of ocunly Road 47.1 rind bolnu tho soulhwest collier of said
1,0044 Gore Iraol of land;
1RNOC 1110 deg. 00 min. 00 Mo. C, along the sottlhnast rlglit-of-way line of U,P;11A., a dlelance of 1.16GA0 foal
a 112" Iron rod Lound for oomer and being the soulhwasl comer of a coiled 0-211 Clore tract of land conveyed by
ied 10 Tommy cin rin0ham, r000rrled In Vafumo 4002, Rego 3490. 13,13,0,03
1CN61i S 09 dao. 69 min 33 coo, R, along the south Ilno of said'1011 acro Iraot of land anti also af0ng Lha With
le of a 10,211 t:cre Vat of land oonvey0d by dood to oeoll D. Cunninghanl, recorded in Volumo 4902, Paige 3486,
a distanoe of 1,370,05 foot to a 112" Iron rod found for corner and being lho southeast corner of amici
jolt t3, Cunningham tract of land and being in Iho west Ilna of a called 10,164 aura free[ of land convoyed by dead
Allen Prank, t000rded in County Cleric`s Filo No. 9e-0067003, p,fLC,o f„
iENCU r; 00 clefs. 44 min, ga sec. C, along the wool Tina of said 10,104 acre tract of IClnd, a dIAIM00 011,1113.44
DI to H 112'' Iron rod set for oanmor and boinp irl Ilia cantor of County Rodd 421, and oleo bolno the oouthwosl Omer
said 10,164 acre froot of land;
1CNOP. N 80 dog. 44 min. 00 neo, W, along 1110 canter of said 0oun(y RoCld 1121, a distanoe of 1,7U0 feel to the
)INT OF 6CtaINNINO and containing 1,742,150 sq, fl. or 30,0044 acres or land,
P6101✓I
EXHIBIT C - CONSTRUCTION COST
Project Name: Anna Town Square 12" Water Loop
Estimate Date: 17 -Jon -18
Water Facilities
Actual Amount Paid for Reimbursable Costs
Summary
Description Quantity Unit Unit Price Item Amount
Anna Water Loop Total $365,470
Ann Water Loo size Deduction Total S195 680
ub- otal Hard Costs ,7 9
SUD-TOIAI All HardCosts .7
GeotecWcalInvestigation I LS S 1,500,00 $ 1,500.00
Design Survey I LS S 3,000.00 S 3,000.00
E2&cotj Dcsi 15%ofTotalRoadwa En&ceri2& Coat t LS $12150,00 $12150
Engineering Design Total 516,65U
Density Testing Total 1 LS $7,884.80 $7,885
Construction Staking I LS $2,615.00 $2,615
Construction Administration Total $10,500
TOTAL REIMBURSEMENT
Anna Water Loop
5196,939
Description
Quantity
Unit
Unit Price
Item Amount
Water - PVC - C 900 - 8"
360
LF
$26.78
S9,641
Water - PVC -C 900-12"
4,120
LF
$35.34
$145,601
Water- Valves - 18" x 12" Tapping Sleeve and Valve
I
EA
$25,007.18
$25,007
Water- Valves - Gat* - 8"
6
EA
$971.86
$5,831
Water- Valves - Gate - 12"
14
EA
$2,290.20
$32,063
Water - Fittings -D.I. Pipe Finings 12"
1.0
LS
$24,590.05
$24,590
Water- FitdrW - Fun Hydrant Assembly
8
EA
$4,345.75
$34,766
Water -Services - I" Water Service on 12" Line
51
EA
$909.34
$46,376
Water - Fittings - Misc. Valves -2" Air Release Valve on 12" Line
2
EA
$3,470.75
$6,942
Water - Fittings - Lowerings for Future Construction -12"
5
EA
$2,824.20
$14,121
Water -Fittings -Connect to Existing -12"
1
EA
$1,852.20
$1,852
Water- General • Pressure Teat & Disinfection - Linear Foot
I
LS
$4,776.67
$4,777
Water - General - TrenchSafety(water)
I
LS
$850.00
$850
Water - General - Mobilization
I
LS
113,053,00
ell053
Anna Water Eoop Total
$365,470
Ann Water Loop (Upsize Deduction)
Description
Quantity
Unit
Unit Price
Item Amount
Water -PVC -C900-8"
4,120
LF
$26.78
$110,334
Water- Valves - Gate - 8"
14
EA
$971.18
$13,597
Water - Fittings - D.I. Pipe Fittings 8"
1.0
LS
$20,000.00
$20,000
Water • Services - 1" Water Service on 8" Line
51
EA
5750.00
$38,250
Water - Fittings - Mise. Valves - 2" Air Release Valve on 8" Lino
2
EA
$2,500.00
$5,000
Water- Fittings - Lowerings for Future Construction - 8"
1
EA
$2,250.00
$2,250
Water -Pitting - ConnecttoExjstin -8"
5
EA
11,21Q,90162
0
Ann Water Loop pa Deduction) Total($195,6
G.'ftjvA MgmtrProjocnlAnna Crmina AMCW2. City or Town\02e, City Communication\Wales Loop Reimbunamoaa Printed ®2:40 PM
ATS Water Laop Reimbanment on Cat Eat (Water) AM Pago I or 1 m 1/17/2018
EXHIBIT B - CONSTRUCTION PLANS
IMPACT FEE CREDIT AGREEMENT
This Impact Fee Credit Agreement (this "Agreement") is entered into between the City of Anna,
Texas (the "City") and Anna Crossing AMC Ltd., ("Developer").
WHEREAS, Developer and the City are sometimes collectively referenced in this Agreement as
the "Parties," or, each individually, as "Party"; and
WHEREAS, it is the Parties' mutual intent that this Agreement shall govern only the subject
matter specifically set forth herein and that this Agreement, and shall supersede any previous
agreement between the Parties only to the extent that any such agreements directly conflict with
the terms of this Agreement; and
WHEREAS, Developer owns and desires to develop a parcel or parcels of real property (the
"Property") in Collin County, Texas, which is composed of approximately 633 acres of land located
entirely within the corporate limits of the City of Anna and is more particularly and separately or
jointly described in the attached Exhibit A; and,
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree
as follows:
SECTION 1 RECITALS INCORPORATED
The recitals set forth above are incorporated herein as if set forth in full to further describe the
Parties' intent under this Agreement and said recitals constitute representations by Developer
and the City.
SECTION 2 DEFINITIONS
City Code means the Anna City Code of Ordinances.
City Manager means the current or acting City Manager of the City of Anna or a person
designated to act on behalf of the City Manager with respect to this Agreement if the designation
is in writing and signed by the current or acting City Manager.
City Regulations mean City Code provisions, ordinances, design standards, uniform codes, and
other policies duly adopted by the City.
Development means the new development on the Property that is the subject of this Agreement.
Construction Cost, with respect to the engineering, design, and construction of the Water Project,
means
Final Construction Cost, with respect to the Water Project, means the dollar amount actually paid
for the engineering, design, and construction of the Water Project at the time of full and final
IMPACT FEE CREDIT AGREEMENT
completion, dedication and acceptance the Water Project. City inspection fees shall not be
included in the Final Construction Cost.
Final Credit Amount with respect to the Water Project, means a dollar amount equal to the
Estimated Construction Cost or the Final Construction Cost, whichever is less.
Water Proiect means a 12 -inch water main from Station 23+94.25 in Leonard Drive to Station
0+00.00 which is on the 18 -inch water line following the Dart Railroad, further described and
depicted in Exhibit B. attached hereto.
SECTION 3 GENERAL PROVISIONS.
(a) Documentation of Actual Amount Paid. Once Developer fully completes the Water Project,
and before the City has accepted such Water Project after inspection, Developer shall
provide the City Manager with documentation reasonably acceptable to the City Manager
evidencing the Final Construction Cost.
(b) Maintenance Bond. For each construction contract for any part of the Water Project,
Developer or Developer's contractor further must execute a Maintenance Bond in
accordance with applicable City Regulations that guarantee the costs of any repairs which
may become necessary to any part of the construction work performed in connection with
the Water Project, arising from defective workmanship or materials used therein, for a full
period of two (2) years from the date of final acceptance of the Water Project constructed
under such contract.
(c) Approval of Plats/Plans. Approval by the City, the City's engineer or other City employee or
representative, of any plans, designs or specifications submitted by Developer pursuant to
this Agreement or pursuant to City Regulations shall not constitute or be deemed to be a
release of the responsibility and liability of Developer, his engineer, employees, officers or
agents for the accuracy and competency of their design and specifications. Further, any
such approvals shall not be deemed to be an assumption of such responsibility and liability
by the City for any defect in the design and specifications prepared by Developer's
engineer, his officers, agents, servants or employees, it being the intent of the parties that
approval by the City's engineer signifies the City's approval on only the general design
concept of the improvements to be constructed.
(d) Insurance. Developer or its contractor(s) shall acquire and maintain, during the period of
time when any of the Water Project are under construction (and until the full and final
completion of the Water Project and acceptance thereof by the City: (a) workers
compensation insurance in the amount required by law; and (b) commercial general
liability insurance including personal injury liability, premises operations liability, and
contractual liability, covering, but not limited to, the liability assumed under any
indemnification provisions of this Agreement, with limits of liability for bodily injury, death
and property damage of not less than $1,000,000.00. Such insurance shall also cover any
and all claims which might arise out of the Water Project construction contracts, whether
IMPACT FEE CREDIT AGREEMENT
by Developer, a contractor, subcontractor, materialman, or otherwise. Coverage must be
on an "per occurrence" basis. All such insurance shall: (i) be issued by a carrier which is
rated "A-1" or better by A.M. Best's Key Rating Guide and licensed to do business in the
State of Texas; and (ii) name the City as an additional insured and contain a waiver of
subrogation endorsement in favor of the City. Upon the execution of Public Improvement
construction contracts, Developer shall provide to the City certificates of insurance
evidencing such insurance coverage together with the declaration of such policies, along
with the endorsement naming the City as an additional insured. Each such policy shall
provide that, at least 30 days prior to the cancellation, non -renewal or modification of the
same, the City shall receive written notice of such cancellation, non -renewal or
modification.
(e) Indemnification and Hold Harmless. DEVELOPER COVENANTS AND AGREES TO INDEMNIFY
AND DOES HEREBY INDEMNIFY HOLD HARMLESS AND DEFEND THE CITY ITS OFFICERS
AGENTS SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR
SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING,
WITHOUT LIMITATION DEATH TO ANY AND ALL PERSONS OF WHATSOEVER KIND OR
CHARACTER, WHETHER REAL OR ASSERTED (INCLUDING, WITHOUT LIMITATION,
REASONABLE ATTORNEYS FEES AND RELATED EXPENSES EXPERT WITNESS FEES AND
RELATED EXPENSES AND OTHER CONSULTANT FEES AND RELATED EXPENSES) ARISING
OUT OF OR IN CONNECTION WITH DIRECTLY OR INDIRECTLY THE NEGLIGENT OR
OTHERWISE WRONGFUL ACTS OR OMISSIONS OF DEVELOPER ITS AGENTS SERVANTS
CONTRACTORS SUBCONTRACTORS MATERIAL MEN OR EMPLOYEES IN CONNECTION
WITH THE DESIGN CONSTRUCTION OR INSTALLATION OF THE WATER PROJECT
INCLUDING BUT NOT LIMITED TO INJURY OR DAMAGE TO CITY PROPERTY. SUCH
INDEMNITY SHALL SURVIVE THE TERM OF THIS AGREEMENT. AT NO TIME SHALL THE CITY
HAVE ANY CONTROL OVER OR CHARGE OF THE DEVELOPER'S DESIGN, CONSTRUCTION OR
INSTALLATION OF ANY OF THE WATER PROJECT THAT ARE THE SUBJECT OF THIS
AGREEMENT, NOR THE MEANS, METHODS, TECHNIQUES, SEQUENCES OR PROCEDURES
UTILIZED FOR SAID DESIGN, CONSTRUCTION OR INSTALLATION. THIS AGREEMENT DOES
NOT CREATE A JOINT ENTERPRISE BETWEEN THE CITY AND DEVELOPER. DEVELOPER
FURTHER COVENANTS AND AGREES TO INDEMNIFY HOLD HARMLESS AND DEFEND THE
CITY AGAINST ANY AND ALL CLAIMS OR SUITS BY ANY PERSON CLAIMING AN INTEREST
IN THE PROPERTY WHO HAS NOT SIGNED THIS AGREEMENT AND WHICH CLAIMS: (1)
ARISE IN ANY WAY FROM THE CITY'S RELIANCE UPON DEVELOPER'S REPRESENTATIONS
IN THIS AGREEMENT; (2) RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH THIS
AGREEMENT OR IN CONNECTION WITH DEVELOPMENT OF THE PROPERTY; OR (3) ARISE
IN ANY WAY FROM THE CITY'S APPROVAL OF ANY TYPE OF DEVELOPMENT APPLICATION
OR SUBMISSION WITH RESPECT TO THE PROPERTY. NOTWITHSTANDING THIS PROVISION
OR ANY OTHER PROVISION OF THIS AGREEMENT, DEVELOPER SHALL NOT BE OBLIGATED
TO INDEMNIFY, DEFEND, OR HOLD THE CITY HARMLESS FOR THE CITY'S OWN NEGLIGENCE
OR GROSS NEGLIGENCE.
IMPACT FEE CREDIT AGREEMENT
SECTION 4 WATER PROJECT
(a) Developer Obligations.
Developer shall construct the Water Project depicted on the attached Exhibit B, and all
Water Improvements appurtenant to the Water Project.
(b) City Obligations
(1) The Final Credit Amount shall be a credit against water impact fees otherwise due to
the City from Development of the Property. The water impact fee credit for the
construction of the Water Project shall be redeemed at the time of issuance of building
permits, and such redemption shall apply to the full amount of the water impact fees
that would otherwise be collected until the water impact fee credit authorized by this
Agreement has been exhausted.
(2) Notwithstanding Section 4(b)(1) above, the Water impact fee credit for construction of
the water Project shall not exceed the total amount of water impact fees due from
Development of the Property.
(3) Notwithstanding Section 4(b)(1) above, the impact fee credit authorized by this
Agreement shall expire on September 30 in the tenth year following the date the
Water Project is complete and formally accepted by the City.
(4) The City shall have the right to collect water impact fees due from the Development of
the Property after the credit authorized by this Agreement has been exhausted or
after the credit expires, whichever occurs first.
SECTION 5 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
public notary. The City's duties and obligations hereunder shall not arise unless and until
the City Manager and the Developer have duly executed this Agreement.
SECTION 6 TERMINATION
This Agreement and all obligations of the Parties hereto, shall terminate upon full
performance of the terms of this Agreement.
SECTION 7 SUCCESSORS AND ASSIGNS
(a) All obligations and covenants of Developer under this Agreement shall constitute
covenants running with the land, and shall bind Developer and each successive Developer
of all of any portion of the Property.
IMPACT FEE CREDIT AGREEMENT
(b) This Agreement shall not be assignable by Developer without the prior written consent of
the City.
SECTION 8 MISCELLANEOUS PROVISIONS
(a) Authority to execute contract. The undersigned officers and/or agents of the parties
hereto are the properly authorized officials and have the necessary authority to execute
this Agreement on behalf of the parties hereto, and each party hereby certifies to the other
that any necessary resolutions or other act extending such authority have been duly passed
and are now in full force and effect.
(b) Notice. All notices, demands or other communications required or provided hereunder
shall be in writing and shall be deemed to have been given on the earlier to occur of actual
receipt or three (3) days after the same are given by hand delivery or deposited in the
United States mail, certified or registered, postage prepaid, return receipt requested,
addressed to the parties at the addresses set forth below or at such other addresses as
such parties may designate by written notice to the other parties in accordance with this
notice provision.
If to the City: City of Anna
Attn: City Manager
P.O. Box 776
111 N. Powell Parkway
Anna, TX 75409
If to Developer: John Arnold, Director
8214 Westchester Drive, Suite 710
Dallas, Texas 75335
(c) Complete Agreement. This Agreement embodies the entire Agreement between the
Parties and cannot be varied or terminated except as set forth in this Agreement, or by
written agreement of the City and Developer expressly amending the terms of this
Agreement.
(d) Applicable Law and Venue. This Agreement shall be performable and all compensation
payable in Collin County, Texas. Venue and exclusive jurisdiction under this Agreement lies
in a court of competent jurisdiction in Collin County, Texas.
(e) Severability. If any clause, paragraph, section or portion of this Agreement shall be found
to be illegal, unlawful, unconstitutional or void for any reason, the balance of the
Agreement shall remain in full force and effect and the unlawful provision shall be replaced
with a provision as similar in terms and effect to such unlawful provision as may be valid,
legal and enforceable.
IMPACT FEE CREDIT AGREEMENT
(f) Representation. Each signatory representing this Agreement has been read by the party
for which this Agreement is executed and that such Party has had an opportunity to confer
with its counsel.
(g) Consideration. This Agreement is executed by the Parties hereto without coercion or
duress and for substantial consideration, the sufficiency of which is hereby acknowledged.
(h) Waiver. Waiver by either Party or any breach of this Agreement, or the failure of either
Party to enforce any of the provisions of this Agreement, at any time, shall not in any way
affect, limit or waive such Party's right thereafter to enforce and compel strict compliance
of the Agreement.
(i) Miscellaneous Drafting Provisions. This Agreement was drafted equally by the Parties
hereto. The language of all parts of this Agreement shall be construed as a whole
according to its fair meaning, and any presumption or principle that the language herein is
to be construed against any Party shall not apply. Headings in this Agreement are for the
convenience of the Parties and are not intended to be used in construing this document.
(j) No Other Beneficiaries. This Agreement is for the sole and exclusive benefit of the City,
Developer and Payee and is not intended to and shall not confer any rights or benefits on
any third party not a signatory hereto.
(k) Binding Effect. This Agreement shall bind and inure to the benefit of the City and
Developer and to any successor Developer/developer of the Property, may be recorded in
the Collin County property records, and runs with the land.
(1) Counterparts. This Agreement may be executed in a number of identical counterparts,
each of which shall be deemed an original for all purposes.
(m) No Waiver of Development Ordinances. No waiver of any provision of this Agreement will
be deemed to constitute a waiver of any other provision or any other agreement between
the Parties. No waiver of any provision of this Agreement will be deemed to constitute a
continuing waiver unless expressly provided for by written amendment to this Agreement;
nor will the waiver of any default under this Agreement be deemed a waiver of any
subsequent defaults of the same type. Nothing herein shall waive any obligations of
Developer under applicable City Regulations.
[SIGNATURES PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
IMPACT FEE CREDIT AGREEMENT
Developer:
Anna Crossing AMC Ltd.
By:
John Arnold , its Director
IN WITNESS WHEREOF:
STATE OF TEXAS
COUNTY OF
Before me, the undersigned notary public, on the day of , 2019,
personally appeared , known to me (or proved to me) to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me that he executed the
same in his capacity as of
Notary Public, State of Texas
IMPACT FEE CREDIT AGREEMENT
CITY OF ANNA
Jim Proce, City Manager
IN WITNESS WHEREOF:
STATE OF TEXAS §
COUNTY OF §
Before me, the undersigned notary public, on the day of , 2019,
personally appeared Philip Sanders, known to me (or proved to me) to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me that he executed the
same in his capacity as City Manager of the City of Anna, Texas.
Notary Public, State of Texas
IMPACT FEE CREDIT AGREEMENT
ATTACHMENTS
Exhibit A —The Property (legal description)
Exhibit B — Water Project
IMPACT FEE CREDIT AGREEMENT
EXHIBIT A - LEGAL DESCRIPTIONS
ANNA TOWN SQUARE (+/• 634 ACRES)
LBGAL DBSCRIPTION
TRACT
BRING, a tract of land out of the Grandison Stark, Abstract No. 798, and being part of a 238.614
acre tract, as recorded in Vol, 4942, Pg, 511, a 40,001 acre tract, as described in DocumontNo.
20070409000472400, a 43.67 acre traot, as doscribad in Volume 5717, Page, 2431, a 23.80 acro
tract, as described in DocumentNo. 20070208000183560, a 40.00 flora tract, as described in
Volume 5622, Page 1863, a 129.92 acre tract, as described In Volume 5631, Page 2600, and a
40,5746 acre tract, ns described in Volume 5618, Page 2878 in the Deed Records of Collin
County, Texas, and being moroparacularly described as follows;
BEGINNING, at it 518 inch h -on rod found at the most northerly northeast corner of said 40,001
acre tract, being the west line of Wildwood Farms Addition, an addition to the City of Anna, as
described in Vol. G, Pg. 746, in the flat Records of Collin County, Texas;
THENCE, South 01°18'33" West, along the cast line of said 40,001 acre tract and the west line
of said Wildwood Farms Addition, for a distance of 736.06 feet, to a 5/8 inch iron rod hound at
the southwest corner of said Wildwood Farms Addition and being an Interior ell corner of said
40.001 acre tract;
THENCE, South 88°34'06" Bast, along the north line of said 40,001 acre, tract and the south line
of said Wildwood Farms Addition, for a distance of 1234,50 feet, to a 518 inch iron rod found at
the northeast corner of said 40.001 floretract; '
THENCE, South 01°11'46" West, departing the south line, of said Wildwood Farms Addition
and along the east line of said 40,001 sore tract, for a distance of 1223,20 feet, to a 5/81nchiron
rod found at the southeast corner of said 40,001 sore tract and being the northeast corner of said
43.67 acre tract;
THENCE, South 01138'1911 West, along the east line of said 43.67 acre tract, for it distance of'
668,88 feet, to a �/z inch iron rod found in the north line of La Paloma, an addition to the City of
Anna, as described in Vol. C, Page 418 in said Plat Records;
THENCE, North 89°3101" West, along the south line of sold 43.67 acre tract and along the
north line of said La Paloma, for a distance of 2100,92 feet, to it point for corner at the northwest
corner of said La Paloma and being the northeast corner of said 129,92 acre tract;
THENCE, South 01°13'48" West, along the west line of said Ls Paloma and the east line of said
129.92 acre tract, for a distance of 1527.89 feet, to a r/z inch iron rod found at the southeast
corner of said 129.92 acre tract;
THBNCB, North 87003'41" West, departing the west line of said La Paloma and along the south
line of sold 129,92 acre tract, for it distance of 15.88 feet, to a'/2 inch iron rod found;
THENCE, North 89'20'19" West, along the south line of sold 129.92 feet, for a distance of
1884,06 feet, to a r/a inch ironrod found;
TG t o 5
THENCE, North 01°40'03" East, continuing along said south line, for a distance of 18,35 feet, to
a calculated point for corner;
THENCE, North 88°19'57" West, continuing along said south line, for a distance of 952.27 feet,
to a calculated point for corner;
TEENCE, South 01°17'22" West, departing said south line, for a distance of 1337,42 feet, to a
Jh inch iron rod found at the southeast corner of said 40,5756 acre tract;
THENCE, North 88°14'55" West, along the south, line of said 40,5756 acre tract, for a distance
of 669.97 feet, to a calculated point for corner;
THENCE, North 88°13"09" West, continuing along said south line, for a df stance of 331,49 feet,
to a �/x inch ironrod found;
THENCE, North 88°12'02" West, continuing along said south line, for a distance of 336,73 feet,
to a 1/a inch iron:t'od found at the southwest corner of said 40,5756 acre tract;
THENCE, North 00°54' 13" East, along the west line of said 40.5756 acre tract, for a distance of
1335,10 feet, to a calculated point for corner in the south line of said 129,92 acre tract;
THENCE, North 88019157" West, along the south line of said 129,92 acre tract, for a distance of
853,62 fact, to a calculated point for corner at the southwest corner of said 129,92 acre tract;
THENCE, North 19048'29" Bast, along the west line of said 129,92 acre tract, for a distance of
2482,75 feet, to a calculated point for corner at the northwest corner of said 40.00 acre tract same
being the southwest corner of said 238,614 acre tract;
THENCE, North 19149'04" East, along the west line of said 238,614 acre tract, for a distance of
787.79 feet, to a calculated point for corner at the point of curvature of a curve to the left, having
a radius of 2914,83 feet, a central angle of 17'50'12", and a tangent of 457,40 feet;
THENCE, contfnufng along said west line and with said curve to the left for an are distance of
907.41 feet (Chord Bearing North 10°53'58" East — 903,75 foot), to a calculated point for corner;
THBNCH, North 01058' 52" East, continuing along said west line, for a distance of 186,33 foot,
to a calculated point for corner at the northwest corner of said 238,614 acre tract;
THENCE, South 88°42' 15" Bast, along tho north line of sold 238.614 &ore tract, for a distance of
1359,79 feet, to a 4"x4" concrete monument found;
THENCE, South 88°52' 10" East, continuing along said north line, for a distance of 661,91 feet,
to a 4"x4" conoretemomimentfound;
7C.20t � 0�'
THENCE, South 88°46'30" Bast, continuing Along said north line, for a distance of 1149.22 feat,
to a 5/8 inch iron xod found;
TMNCE, South 88016131" Bast, continuing along said north line, for a distance of 1556,75 feet,
to the POINT OF BEGINNING and containing 569,397 acres of land,
6-6to✓5
LEGAL DESCRIPTION
TRACT 2
11,0160 and UOuwla 00tdrip110h
2x,27 Aoros
MUATEO lu tilt Stole of Texas, Couuly of Oollia beblgfoil of Ilia Clundlml VIA i'Mlve, Abstrcot Na. 70(1, befog My [fort of a
30,60 aoro Tract II 00 I'000rdod tolder Couuly Clerk hfo, 00-000101 of the 0011111 Couuly Lont�frotorde With paid prondoos boing more
parHoularh/ d0oodbod oil follow,
IIEQIVNI110 of u tullioud eplko tumid malklny (ho (nformHml of the approxhnote udddle of Cutalty flood 422 Willi IIIc watt
09111-ol-way lino of 8tato Highwoy flo. 4, paid 00" Or bofng the soniho6ot donor of ilio horola dosoribod prowiSoo and the notheoSl
0o1n01 of n 0,0n nnro Itnal nn twilled in Voluln0 h40, 11016 P41061 ilio Collin CennE� Lund HOenrdst,
THENU Willi ills (Iy,ruxhudt0 lnlddlo of 00unl Rood 1122, Ill abut(l Idle UI eat prointaeB nad 11to noilll hop of euld 0.96 acro
iroot, tYOtt, 741,00 fool �o o rolfroad pplko sal at ih0 opproximat0 0011101416 Intot000tion of County !food 422 Willi County flood 423
rtimidg Ilia 00Ulhwtxt curnst al gold Inoln1m, (11t I101111nael toluol or told 0.06 cote iruut, and bong In file 6601 1111A of Hugul'o
12,70:10 otro irool;
THEWS Willi ilio npprnxfmnto middl0 of C01mly ilnnd 423 nlonU Ilia vont lluo (if void tomfson, the Wont Ihw of pnld 30.G0 ncto
troot and Ilio oast fine o tovorol onu)8 JI,004 of Imld, h'btth OU'07'63" 00611 paosing at 270.72 toot a '!e-bloh Iron rod found, pas01119
of 440.85 tool o 0-111011 Iron roti found, pov"Ov of 040,03 toot a }4.111011 !tort rod founts, posNb)p of 7,)n,03 loot a h�insh Iron rod
found, posafng al 939,76•foot r( yi -Inob bon rad folind, posoing0 at 070.00 foot a PK. hall foVritl mnrking the Inter000lton of County
Rood 1036 ( going nest), pudslaq at HIM -1 foot u P.K, null 10011d, and ooullnuhlg (01 u total dlstyno0 of 1195,80 fool to u 1•oih•ow
%pho vat mor><i00 Iho ho iwoot 0611141 0l Nnid plo)nlsou and 1110 vouihWoot 17,011101' of a IM (lord, tradt a5 rocordod undor County Mork 04-011140 of ills Collin Ouonty Lund Hnconlui
T.gENCL Wllit ibo nodi) 11110 of onfd proml000 and (ho both Nino of unid 1,21 poro imot, Horih 90'25116' East, possing at 210,24
foot a e-tucfl (roil rod found malking 1110 Souihopst collie) of told 1,21 uOro Iluot tn)d 1110 eoutimost eonlor of u 0.04 aero h6l: (bofng
IN ouatully 110111411 of a 6,7.G do d lido) (it 1ecoM4d sr \10101116 3118 Page 266 of ilia MIMI County W)1(i Reaur(15) 101 n total dlSAnou
of 070.75 fool to a OCA cuppaJ iron rod found in 1110 visit right -of' nay Imo of Slato Hlghvioy No, 6 mutklog Iho Southool cornor of
Ovid 5,04 (1010 trocl and the noilhouol corner of ON4 ptalo w;
THE(= Wish 1ho nurtelly Phe of Ovid pleUligah OlId im neutoriy lluilt-nf-way File of $[vto H101may No, li 6N f0116115; SouOl
02`!,7'30" VIM, 120.22 fool to a Roonin cnppod h -inch Iron rod dot mmking Ilio hnginning of a ourva to Ibr, tlgh(i Sot611sogtotly along
told curve having a control anolo of ITSVOI 11101 o ro(flus of \1/60,72 fool, for an oro dlotomo of 050,41 foot jchord 14 Boulb
10'52'48" Mal, 958.114 NO) to 6 lloorao (:d,, lad %- nc1, Iro11 ted set/11041110 Ilio Owl of livid onto; 50011) 10'09 4U" Y/apl, 144.00 foot
to 1110 1)01111 of M9111111110 find eontolning I,014,33D d(pldiu foot or 207 uoro of laid.
LEGAL DESCRIPTION
TRACT 8
LRSSAL W.'80RIPTION
1,742,950 81,1, I'T, I30,0944 AOM
IHING n 09,9944 acro trNCi pf land 811ualed In tho GRANOON OTARK 1a1JRW .Y, AOSTRACT NO, 700, Collin
ounty, TaYA9 and being pail of lhat called'1711,54 acro ttaol of fond oonveyetl by Good to H, $, Wysono, dated AM
0, 1807, rocorded In Volumo 144, Paye 245, Oeod Ronords, Collin County, Taxis (f),MC.C; t) oncl being morn
artloulariv dow1bed as follows:
WINNING at A 1/2" Iron rod found for oamot h the soulhaaat rlohi•ol-way Ilno of the Union I'aolliio RAliroad
to 100' R,O.W.j and being in Iho oonler of Counly Nond 4'21 and bolnu lho enulhwesl ootnor of a11d
8,8944 aoro Iraolofland,
1111-NGU IV '10 doy, 00 mill, 00 004, &, along tho milhoast right-of-way II0 of U,P;R,R„ 0 clislanoe of 1160A0 fool
� n 1/2" Iron rod found for oomer t111d being Iho soulhwost cotner of a 001100 90,211 aoro I•aot of land conveyod by
aed to Tommy Cuurnliyhilm, worded in Volumo 4002, pogo 84,10, 13,M0,03
HEWM S 00 doo, 50 min 30000, R, along the soulh line of sald'10.2'11 aoro treat of 1004 and also efong 111a Milh
Ie of a 10,211 ocro Iroet of land oonvoy0d by dood to Cooll 0, Cunningham, r000rded In VoitnnA 41102,1`09 3408,
Olttanoo of 9,370,013 toot to A 1/2" Iron rod fokind for Coiner and beingtho soulhoasl Corner of 3014
Bull 0, Ounningham iraot of lane) and b01ng In the wast Ilmo of a called 90,164 aura Ira01 of tnnd convoyed by dead
Allen Prank, rocorded in County Oletles Rile No. 09-0007003,
dUNOU 8 00 doy. 44 min. 83 sea• t:, niono the wast fine of sold 10,104 acre Imel. of land, n dlAlAnco of 1,190,44
of to 41/2' Iron rad sal toy oonler and boring In 1110 01100 of County Rood 421, and also boing the noulhwost onrner
sold 10,'154 acro U001 of Iand:
il~NOA N 89 day, 44 Alin, 00 000, W, Aforty tho cancer of sold County RoAd 421, a dislanne of 1,794,45 fool to tho
DINT OF MOINNihIG and containing 1,742,150 sq, fl. or $0,0944 mores of land.
P6 l a� l
February 26, 2019
Maurice Schwanke
Planning and Development Director
City of Anna
3223 N. Powell Prky.
Anna, Texas 75409
Re: Anna Town Square Water Loop Reimbursement
Dear Mr. Schwanke:
Bannister Engineering, LLC has reviewed the reimbursement request prepared by The Skorburg Company
for the water line loop installed in Anna Town Square in conjunction with the contract for the construction of
said water line loop and the contractor's original bid. Bannister Engineering notes no exceptions to the
quantities and unit costis indicated in the reimbursement request.
Respectfully,
Bannister Engineering, LLC
r
Cody R. Brooks
Director of Civil Engineering
CC: Alexis Vanderslice
John Arnold
Richard Duffy
Attachments: Anna Water Line Reimbursement Request
Bannister Engineering, LLC 9 240 N. Mitchell Road • Mansfield, Texas 76063 • 817.842-2094 • 817-842-2095 fax • TBPE 10599 0 TBPLS 10193823
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