HomeMy WebLinkAboutCCmin2019-02-12ANNACITYCOUNCIL
MINUTES
WORK SESSION
February 12, 2019
The City Council of the City of Anna met in Work Session on the above date at Anna
City Hall, located at 111 North Powell Parkway (Hwy 5), to consider the following items.
1. Call to Order, Roll Call and Establishment of Quorum
Mayor Pike called the meeting to order at 6:30 p.m.
Council Member's Miller and Reeves arrived late.
EDC/CDC Member Shelby Miles was absent.
2. JOINT MEETING
Presentation and Discussion on EDC/CDC Year End Update.
Presentation given by Economic Development Officer Ashley Stathatos.
3. CLOSED SESSION (EXCEPTIONS)
Under Tex. Gov't Code Chapter 551, the City Council may enter into closed
session to discuss any items listed or referenced on this agenda under the
following exceptions:
a. Consult with legal counsel regarding pending or contemplated litigation and/or
on matters in which the duty of the attorney to the governmental body under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas
clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code
§551.071).
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b. Discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov't Code §551.072); city facilities; acquisition of easements
c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or
deliberate regarding commercial or financial information that the City has
received from a business prospect that the City seeks to have locate, stay, or
expand in or near the territory of the City of Anna and with which the City is
conducting economic development negotiations; or (2) To deliberate the offer
of a financial or other incentive to a business prospect described by
subdivision (1). (Tex. Gov't Code §551.087); possible incentive agreements
with property developers; pending negotiations on development agreements.
d. Deliberation regarding security devices or security audits. (Tex. Gov't Code
§551.076 and §551.089).
The Council further reserves the right to enter into executive session at any time
throughout any duly noticed meeting under any applicable exception to the
Open Meetings Act.
4. Consider/Discuss/Action on any items listed on any agenda—work session, regular
meeting, or closed session—that is duly posted by the City of Anna for any City
Council meeting occurring on the same date as the meeting noticed in this agenda.
5. Adjourn. There being no further business before the Council, we will consider this
meeting adjourned at p.m.
Mayor Pike closed the meeting at 7:28 p.m.
ATTEST:
City Secretary Carrie L. Smith
Appro ed the Ee 2ary 8, 2019.
Mayor Nate Pike
ANNA CITY COUNCI L
MINUTES
REGULAR SESSION
February 12, 2019
Call to Order/Roll Call and Establishment of Quorum
Mayor Pike called the meeting to order at 7:33 p.m.
All Council Members were present.
2. Invocation and Pledge of Allegiance.
Council Member Beazley led the invocation. Mayor Pike led the pledge.
3. Citizen Comments.
Citizens are allowed three minutes to speak. The Council is unable to respond
to or discuss any issues that are brought up during this section that are not on
the agenda, other than to make statements of specific factual information in
response to a citizen's inquiry or to recite existing policy in response to the
inquiry.
Christina Lewis, 8108 Red Fox Road - Thank you to Joseph Johnson, Scott
Bradshaw and J ustin Clay for their service.
4. Receive reports from Staff or the City Council about items of community
interest.
Items of community interest include: expressions of thanks, congratulations, or
condolence; information regarding holiday schedules; an honorary or salutary
recognition of a public official, public employee, or other citizen (but not
including a change in status of a person's public office or public employment); a
reminder about an upcoming event organized or sponsored by the goveming
body; information regarding a social, ceremonial, or community event organized
or sponsored by an entity other than the goveming body that was attended or is
scheduled to be attended by a member of the goveming body or an official or
employee of the municipality, and announcements involving an imminent threat
to the public health and safety of people in the municipality that has arisen after
the posting of the agenda.
a. Recognize Sheffield Farms Home Owners Association (HOA) for their recent
$1,500 donation to the fire department. Bart McDonald is the Sheffield Farms
HOA President and Gary Billups is a HOA member. (Fire Chief Ray Isom)
b. Swearing in of the new Fire Chief to be conducted by the City Secretary.
(Carrie Smith)
C. Police Department Update (Chief Caponera)
5. Consent Items.
These items consist of non -controversial or "housekeeping" items required by
law. Items may be considered individually by any Council member making such
request prior to a motion and vote on the Consent Items.
a. Approve Council Meeting Minutes for January 22, 2019. (Carrie Smith)
Items e, g, i, and j were pulled from the consent agenda.
b. Review minutes of the CDC meeting from November 1, 2018. (Ashley
Stathatos)
c. Review minutes of the EDC meeting from November 1, 2018. (Ashley
Stathatos)
d. Review the January 7, 2019 Planning and Zoning meeting minutes. (Maurice
Schwanke)
e. Approve a Resolution approving the Anna Crossing Phase 1 C Preliminary
Plat. (Maurice Schwanke)
The Anna Crossing Phase 1 C preliminary plat contains 49.433 acres located
in the Granderson Stark Survey, Abstract No. 798. This tract is located on the
Northeast corner of Highway 5 and East Foster Crossing Rd, just South of
Anna Crossing Phase 1B. The preliminary plat is for 101 residential lots,
seven HOA tracts, and two future commercial tracts. The tract of land was
recently rezoned with a PD to allow for a Single Family (SF -72) District and a
Commercial C-1 District. The commercial component will be submitted at a
later date. Any remaining comments for the utilities and easements will be
addressed during the civil reviews and final plat.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A
PRELI MI NARY PLAT OF ANNA CROSSI NG PHASE 1C.
MOTION: Mayor Pike moved to approve. Council Member Miller
seconded. Motion carried 7-0.
f. Approve a Resolution approving the site and landscape plan for Texoma Fed
located on the Northeast corner of Highway 75 and Hackberry Dr. (Maurice
Schwanke)
Kent Hedges, the owner of the property, has submitted a site and landscape
plan for Texoma Fed located on the Northeast corner of Highway 75 and
Hackberry Dr. Also known as Lot 8, Block A, on the Anna Town Center
Addition Final Plat. The site contains approximately 14.895 acres of land that
are zoned PD for commercial uses. Planned for the site is the Texoma Fed
medical office building with an imaging center.
g. Approve a Resolution approving the site and landscape plan for Walmart Anna
Addition Lots 2 & 3 (Starbucks) located on the Northeast corner of Highway
75 and White St. (Maurice Schwanke)
Brian Bischoff, the representative for the owners of the property, Q Seminole
Anna Town Center, LP, has submitted a site and landscape plan for Walmart
Anna Addition Lots 2 & 3 (Starbucks) located on the Northeast corner of
Highway 75 and White St. The site contains approximately 2.11 acres of land
that are zoned PD for commercial uses. Planned for the site is Starbucks and
a proposed retail center.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A
SITE PLAN AND LANDSCAPE PLAN OF THE WALMART ANNA
ADDITION LOTS 2 & 3 (STARBUCKS).
MOTION: Council Member Beazley moved to approve. Council Member
Miller seconded. Motion carried 5-0. Council Member's Tutson and Bryan
had stepped out of the room.
h. Approve an Ordinance ordering for a May 4, 2019 General
Election; approving a Election Service Contract with Collin County; and
approving a Joint Election Agreement with Anna Independent School District
and Collin College. (Carrie Smith)
In accordance with Secs. 3.004, 3.006, 85.004, and 85.007, Texas Election
Code, the Mayor and City Council are to authorize the election not later than
February 15, 2019. This ordinance calls and gives notice of the May General
Election and approves a contract for election services with Collin County
Elections Administrator and a joint election agreement with AISD and Collin
College.
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, ORDERING A
GENERAL ELECTION FOR MAY 4, 2019 TO ELECT (3) THREE CITY
COUNCIL MEMBERS ATLARGE, ALL FOR THREE-YEAR TERMS;
PROVIDING FOR RUNOFF ELECTION; PROVIDING FOR A JOINT
ELECTION WITH COLLIN COUNTY ELECTIONS ADMINISTRATION,
ANNA INDEPENDENT SCHOOL DISTRICT AND COLLIN COLLEGE,
DESIGNATING POLLING PLACES AND PROVIDING FOR EARLY
VOTING, NOTICE AND OTHER MATTERS RELATING TO SAID
ELECTION.
Approve a Resolution approving a Facilities Use Agreement with the Anna
Sports Group for 2019 and Authorizing the City Manager to Execute Same.
(Maurice Schwanke)
The Resolution is authorizing the renewal of the Facilities Use Agreement
with the Anna Youth Sports Association for 2019. The Anna Sports Group is
set up to provide fundamental sports for children ages 5 to 18 years.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A
FACILITIES USE AGREEMENT WITH THE ANNA SPORTS GROUP
FOR 2019 AND AUTHORIZING THE CITY MANAGER TO EXECUTE
SAME.
MOTION: Council Member Miller moved to approve subject to striking
"priority" in Section 2. Council Member Tutson seconded. Motion carried 7-
0.
j. Review 2018 Racial Profiling Report as submitted to TCOLE by the Police
Department. (Chief Caponera)
No action.
k. Review Annual State Asset Forfeiture Report as submitted to the Texas
Attorney General's Office by the police department. (Chief Caponera)
No action.
Review FY 18 Annual Certification Report submitted by the Police
Department to the US Department of Justice. (Chief Caponera)
MOTION: Council Member Bryan moved to approve consent agenda items a, b, c,
d, f, and h. Council Member Miller seconded. Motion carried 7-0.
6. Consider/Discuss/Action approving Third Amended Villages of Hurricane
Creek Subdivision Improvement Agreement. (Dana Thornhill)
THIRD AMENDED VILLAGES OF HURRICANE CREEK SUBDIVISION
IMPROVEMENT AGREEMENT This Third Amended Villages of Hurricane Creek
Subdivision Improvement Agreement (this "Third Amendment") is entered into
between the CITY OF ANNA, TEXAS, (the "City"), and CADG Hurricane Creek,
LLC, a Texas limited liability company ("Developer"):
MOTION: Mayor Pike moved to approve. Council Member Tutson seconded.
Motion carried 7-0.
7. Consider/Discuss/Action on a Resolution of the City Of Anna, Texas
determining the costs of certain authorized improvements to be financed by
the Hurricane Creek Public Improvement District; approving a preliminary
service plan and assessment plan, including proposed assessment rolls;
calling a regular meeting and noticing a public hearing for March 12, 2019
to consider an ordinance levying assessments on property located within
the Hurricane Creek Public Improvement District; directing the filing of the
proposed assessment rolls with the City Secretary to make available for
public inspection; directing city staff to publish and mail notice of said
public hearing; and resolving other matters incident and related thereto.
(Dana Thornhill)
P3 Works gave a review of the Preliminary Service and Assessment Plan. (Exhibit
7A)
A RESOLUTION OF THE CITY OF ANNA, TEXAS DETERMINING THE
COSTS OF CERTAIN AUTHORIZED IMPROVEMENTS TO BE FINANCED
BY THE HURRICANE CREEK PUBLIC IMPROVEMENT DISTRICT;
APPROVING A PRELIMINARY SERVICE PLAN AND ASSESSMENT PLAN,
INCLUDING PROPOSED ASSESSMENT ROLLS; CALLING A REGULAR
MEETING AND NOTICING A PUBLIC HEARING FOR March 12, 2019 TO
CONSIDER AN ORDINANCE LEVYING ASSESSMENTS ON PROPERTY
LOCATED WITHIN THE HURRICANE CREEK PUBLIC IMPROVEMENT
DISTRICT; DIRECTING THE FILING OF THE PROPOSED ASSESSMENT
ROLLS WITH THE CITYSECRETARYTO MAKE AVAILABLE FOR PUBLIC
INSPECTION; DIRECTING CITY STAFF TO PUBLISH AND MAIL NOTICE
OF SAID PUBLIC HEARING; AND RESOLVING OTHER MATTERS
INCIDENTAND RELATED THERETO.
MOTION: Council Member Beazley moved to approve. Council Member Bryan
seconded. Motion carried 7-0.
8. Consider/Discuss/Action on an Ordinance of the City Council of the City of
Anna, Texas, terminating Tax Increment Reinvestment District Number One,
City of Anna, Texas; providing for other matters related thereto; and
providing an effective date. (Dana Thornhill)
AN ORDINANCE OF THE CITYCOUNCIL OF THE CITYOF ANNA, TEXAS,
TERMINATING TAX INCREMENT REINVESTMENT DISTRICT NUMBER
ONE, CITY OF ANNA, TEXAS; PROVIDING FOR OTHER MATTERS
RELATED THERETO;AND PROVIDING AN EFFECTIVE DATE.
MOTION: Council Member Bryan moved to approve. Council Member Beazley
seconded. Motion carried 7-0.
9. Consider/Discuss/Action on a Resolution setting a public hearing under
section 311.003 of the Texas Tax Code for the creation of a tax increment
reinvestment zone within the City Of Anna, Texas; authorizing the issuance
of notice by the City Secretary of Anna, Texas regarding the public hearing;
and directing the city to prepare a preliminary reinvestment zone financing
plan. (Dana Thornhill)
A RESOLUTION SETTING A PUBLIC HEARING UNDER SECTION 311.003
OF THE TEXAS TAX CODE FOR THE CREATION OF A TAX INCREMENT
REINVESTMENT ZONE WITHIN THE CITY OF ANNA, TEXAS;
AUTHORIZING THE ISSUANCE OF NOTICE BY THE CITY SECRETARY
OF ANNA, TEXAS REGARDING THE PUBLIC HEARING; AND DIRECTING
THE CITY TO PREPARE A PRELIMINARY REINVESTMENT ZONE
FINANCING PLAN.
MOTION: Mayor Pike moved to approve. Council Member Beazley seconded.
Motion carried 7-0.
10. Appointment of Interview Advisory Committee for Boards and
Commissions. (Mayor Pike)
The Interview Advisory Committee will be charged with conducting interviews with
board and commission applicants. Once interviews are complete they will bring
recommendations back to Council for a final decision. The Committee is to consist
of no more than three (3) Council Members. Interviews will be held in April and
May.
MOTION: Mayor Pike moved to appoint John Beazley, Kevin Toten and Nathan
Bryan to the Interview Committee. Seconded by Council Member Miller. Motion
carried 6-1. Council Member Tutson opposed.
11. CLOSED SESSION (EXCEPTIONS)
Under Tex. Gov't Code Chapter 559, the City Council may enter into closed
session to discuss any items listed or referenced on this agenda under the
following exceptions:
a. Consult with legal counsel regarding pending or contemplated litigation and/or
on matters in which the duty of the attorney to the governmental body under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas
clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code
§551.071).
b. Discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov't Code §551.072); city facilities; acquisition of easements
c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or
deliberate regarding commercial or financial information that the City has
received from a business prospect that the City seeks to have locate, stay, or
expand in or near the territory of the City of Anna and with which the City is
conducting economic development negotiations; or (2) To deliberate the offer
of a financial or other incentive to a business prospect described by
subdivision (1). (Tex. Gov't Code §551.087); possible incentive agreements
with property developers; pending negotiations on development agreements.
d. Deliberation regarding security devices or security audits. (Tex. Gov't Code
§551.076 and §551.089).
MOTION: Council Member Beazley moved to enter closed session. Council
Member Tutson seconded. Motion carried 7-0.
Mayor Pike recessed the meeting at 9:10 p.m.
Mayor Pike reconvened the meeting at 11:05 p.m.
12. Consider/Discuss/Action on any items listed on the posted agenda or any
closed session occurring during this meeting, as necessary
None.
13. Adjourn.
Mayor Pike adjourned the meeting at 11:05 p.m.
I
oved on the .
ATTEST:
2
City Secretary Carrie L. Smith
Mayor Nate Pike
TABLE OF CONTENTS
Tableof Contents............................................................................................................................ 1
Introduction....................................................................................................................................
2
SectionI: Definitions.......................................................................................................................
3
Section11: The District...................................................................................................................
10
Section III: Authorized Improvements..........................................................................................
10
SectionIV: Service Plan.................................................................................................................
12
Section V: Assessment Plan..........................................................................................................
13
Section VI: Terms of the Assessments..........................................................................................
17
Section VII: Assessment Roll.........................................................................................................
21
Section VIII: Additional Provisions................................................................................................
21
Exhibits..........................................................................................................................................
23
Exhibit A — District Map & Legal Description................................................................................
24
Exhibit B — Improvement Area #1 Legal Description....................................................................
26
Exhibit C — Major Improvement Area Legal Description..............................................................
28
Exhibit D — Map of Improvement Area #1 & Major Improvement Area ......................................
32
Exhibit E — Improvement Area #1 Assessment Roll......................................................................
33
Exhibit F — Major Improvement Area Assessment Roll................................................................
34
Exhibit G —Allocation of Authorized Improvements....................................................................
35
ExhibitH —Service Plan.................................................................................................................
36
Exhibit I — Sources and Uses of Funds...........................................................................................
37
Exhibit J — Improvement Area #1 Estimated Annual Installments ...............................................
38
Exhibit K— Major Improvement Area Estimated Annual Installments .........................................
39
Exhibit L— Lot Type 1 Estimated Annual Installments..................................................................
40
Exhibit M — Lot Type 2 Estimated Annual Installments................................................................
41
Exhibit N — Improvement Area #1 Allocation by Lot Type............................................................
42
Exhibit O — Maps of Improvement Area #1 Improvements..........................................................
43
Exhibit P — Maps of Major Improvements....................................................................................
47
Exhibit Q — Allocation of Major Improvements............................................................................
52
Exhibit R —Annual TIRZ Credit By Lot Type...................................................................................
53
INTRODUCTION
On November 13, 2018, the City of Anna (the "City") passed and approved Resolution No. 2018-
11-506 authorizing the establishment of the Hurricane Creek Public Improvement District (the
"District") in accordance with Chapter 372, Texas Local Government Code, as amended (the "PID
Act"), which authorization was effective upon publication as required by the PID Act. The
purpose of the District is to finance the Actual Costs of Authorized Improvements that confer a
special benefit on approximately 368.2 acres located within the City, as described by metes and
bounds and depicted on Exhibit A. The District will be developed in three phases, the first phase
containing 92.186 acres ("Improvement Area #1"), the second and third phases containing
276.014 acres ("Major Improvement Area"). Improvement Area #1 is legally described by metes
and bounds on Exhibit B, and the Major Improvement Area is legally described by metes and
bounds on Exhibit C. Improvement Area #1 and the Major Improvement Area are depicted on
Exhibit D.
The PID Act requires a service plan covering a period of at least five years and defining the annual
indebtedness and projected cost of the Authorized Improvements (as updated, from time to
time, a "Service Plan"). The Service Plan is contained in Section IV.
The PID Act requires that the Service Plan include an assessment plan that assesses the Actual
Costs of the Authorized Improvements against the District based on the special benefits
conferred on the District by the Authorized Improvements (as updated, from time to time, an
"Assessment Plan"). The Assessment Plan is contained in Section V.
The PID Act requires an assessment roll that states the assessment against each parcel
determined by the method chosen by the City Council of the City (the "City Council") (as updated
from time to time and which may be in one or more parts, the "Assessment Roll"). The
Assessment against each Parcel must be sufficient to pay the share of the Actual Costs of the
Authorized Improvements apportioned to the Parcel and cannot exceed the special benefit
conferred on the Parcel by such Authorized Improvements. The Assessment Roll for
Improvement Area #1 is included as Exhibit E. The Assessment Roll for the Major Improvement
Area is included as Exhibit F.
Capitalized terms used in this Service and Assessment Plan (as amended from time to time, this
"Service and Assessment Plan") shall have the meanings given to them in Section I unless
otherwise defined in this Service and Assessment Plan or unless the context in which a term is
used clearly requires a different meaning. Unless otherwise defined, a reference to a "Section"
or an "Exhibit" shall be a reference to a Section of this Service and Assessment Plan or an Exhibit
attached to and made a part of this Service and Assessment Plan for all purposes.
SECTION I: DEFINITIONS
"Actual Costs" mean with respect to Authorized Improvements, the Owner's demonstrated,
reasonable, allocable, and allowable costs of constructing such Authorized Improvements, as
specified in a payment request in a form that has been reviewed and approved by the City. Actual
Costs may include: (1) the costs incurred by or on behalf of the Owner (either directly or through
affiliates) for the design, planning, financing, administration/management, acquisition,
installation, construction and/or implementation of such Authorized Improvements; (2) the fees
paid for obtaining permits, licenses, or other governmental approvals for such Authorized
Improvements; (3) construction management fees equal to 4% of costs; (4) the costs incurred by
or on behalf of the Owner for external professional costs, such as engineering, geotechnical,
surveying, land planning, architectural landscapers, appraisals, legal, accounting, and similar
professional services; (5) all labor, bonds, and materials, including equipment and fixtures, by
contractors, builders, and materialmen in connection with the acquisition, construction, or
implementation of the Authorized Improvements; (6) all related permitting and public approval
expenses, architectural, engineering, and consulting fees, taxes, and governmental fees and
charges.
"Additional Interest" means the amount collected by application of the Additional Interest Rate.
"Additional Interest Rate" means the 0.50% additional interest charged on Assessments
pursuant to Section 372.018 of the PID Act.
"Administrator" means an employee or designee of the City who shall have the responsibilities
provided in this Service and Assessment Plan, the Indenture, or any other agreement or
document approved by the City related to the duties and responsibilities of the administration of
the District. The initial Administrator is P3Works, LLC.
"Annual Collection Costs" mean the actual or budgeted costs and expenses related to the
creation and operation of the District, the issuance and sale of PID Bonds, and the construction,
operation, and maintenance of the Authorized Improvements, including, but not limited to, costs
and expenses for: (1) the Administrator; (2) City staff; (3) legal counsel, engineers, accountants,
financial advisors, and other consultants engaged by the City; (4) calculating, collecting, and
maintaining records with respect to Assessments and Annual Installments; (5) preparing and
maintaining records with respect to Assessment Rolls and Annual Service Plan Updates; (6)
issuing, paying, and redeeming PID Bonds; (7) investing or depositing Assessments and Annual
Installments; (8) complying with this Service and Assessment Plan and the PID Act with respect
to the issuance and sale of PID Bonds, including continuing disclosure requirements; (9) the
paying agent/registrar and Bond Trustee in connection with PID Bonds, including their respective
legal counsel; and (10) administering the construction of the Authorized Improvements. Annual
Collection Costs collected but not expended in any year shall be carried forward and applied to
reduce Annual Collection Costs for subsequent years.
"Annual Installment" means the annual installment payment on the Assessment as calculated
by the Administrator and approved by the City Council, that includes: (1) principal; (2) interest;
(3) Annual Collection Costs; and (4) Additional Interest.
"Annual Service Plan Update" means an update to the Service and Assessment Plan prepared no
less frequently than annually by the Administrator and approved by the City Council.
"Assessed Property" means any Parcel within the District against which an Assessment is levied.
"Assessment" means an assessment levied against a Parcel within the District and imposed
pursuant to an Assessment Ordinance and the provisions herein of this Service and Assessment
Plan, as shown on an Assessment Roll, subject to reallocation upon the subdivision of such Parcel
or reduction according to the provisions herein and in the PID Act.
"Assessment Ordinance" means an ordinance adopted by the City Council in accordance with
the PID Act that levies an Assessment.
"Assessment Plan" assesses the Actual Costs of the Authorized Improvements against the District
based on the special benefits conferred on the District by the Authorized Improvements, more
specifically described in Section V.
"Assessment Roll" means the Improvement Area #1 Assessment Roll, and/or the Major
Improvement Area Assessment Roll, or any other Assessment Roll in an amendment or
supplement to this Service and Assessment Plan.
"Authorized Improvements" means improvements of which estimated costs are shown on
Exhibit G, and described in Section III as authorized by Section 372.003 of the PID Act.
"Bond Trustee" means a trustee (or successor trustee) under the applicable Indenture.
"City" means the City of Anna, Texas.
"City Council" means the governing body of the City.
"County" means Collin County, Texas.
"Delinquent Collection Costs" mean costs related to the foreclosure on Assessed Property and
the costs of collection of delinquent Assessments, delinquent Annual Installments, or any other
delinquent amounts due under this Service and Assessment Plan including penalties and
reasonable attorney's fees actually paid, but excluding amounts representing interest and
penalty interest.
"District" means the Hurricane Creek Public Improvement District containing approximately
368.2 acres located within the City, and more specifically described in Exhibit A.
"District Formation and Bond Issuance Costs" means the costs and expenses directly associated
with forming the District and costs of issuing a particular series of PID Bonds, including but not
limited to, issuer fees, attorney fees, financial advisory fees, consultant fees, appraisal fees,
printing costs, publication costs, City costs, fees charged by the Texas Attorney General, and any
other cost or expense directly associated with the issuance of PID Bonds, including debt service
reserve fund, capitalized interest and underwriter's discount.
"Improvement Area" means specifically defined and designated portions of the District that are
developed in phases, including Improvement Area #1.
"Improvement Area #1" means approximately 92.186 acres located within the District, as shown
on Exhibit D and more specifically described in Exhibit B.
"Improvement Area #1 Annual Installment" means the annual installment payment on the
Improvement Area #1 Assessment as calculated by the Administrator and approved by the City
Council, that includes: (1) principal; (2) interest; (3) Annual Collection Costs; and (4) Additional
Interest.
"Improvement Area #1 Assessed Property" means any Parcel within Improvement Area #1
against which an Improvement Area #1 Assessment is levied.
"Improvement Area #1 Assessment" means an Assessment levied against a Parcel within
Improvement Area #1 and imposed pursuant to an Assessment Ordinance and the provisions
herein, as shown on the Improvement Area #1 Assessment Roll, subject to reallocation upon the
subdivision of such Parcel or reduction according to the provisions herein and in the PID Act.
"Improvement Area #1 Assessment Roll" means the Assessment Roll for the Improvement Area
#1 Assessed Property within the District, as updated, modified or amended from time to time in
accordance with the procedures set forth herein and in the PID Act, including any Annual Service
Plan Updates. The Improvement Area #1 Assessment Roll is included in this Service and
Assessment Plan as Exhibit E.
"Improvement Area #1 Bonds" means those certain "City of Anna, Texas Special Assessment
Revenue Bonds, Series 2019 (Hurricane Creek Public Improvement District Improvement Area #1
Project)" that are secured by Improvement Area #1 Assessments.
"Improvement Area #1 Improvements" means the Authorized Improvements which only benefit
the Improvement Area #1 Assessed Property and are described in Section III.A hereto and shown
on Exhibit O.
"Improvement Area #1 Initial Parcel" means all property located within Improvement Area #1,
which is more particularly described on Exhibit B, against which the entire Improvement Area #1
Assessment is levied as shown on the Improvement Area #1 Assessment Roll, attached hereto as
Exhibit E.
"Improvement Area #1 Projects" means collectively: (1) the pro rata portion of the Major
Improvements allocable to Improvement Area #1; (2) the Improvement Area #1 Improvements;
and (3) District Formation and Bond Issuance Costs.
"Indenture" means an Indenture of Trust entered into in connection with the issuance of each
series of PID Bonds, as amended from time to time, between the City and a Bond Trustee setting
forth terms and conditions related to a series of PID Bonds.
"Lot" means for any portion of the District for which a final subdivision plat has been recorded in
the official public records of the County, a tract of land described by "lot" in such final and
recorded subdivision plat.
"Lot Type" means a classification of final building Lots with similar characteristics (e.g.
commercial, light industrial, multi -family, single family residential, etc.), as determined by the
Administrator and confirmed by the City Council. In the case of single family residential Lots, the
Lot Type shall be further defined by classifying the residential Lots by the estimated final average
home value of the Lot as of the date of the recorded subdivision plat as determined by the
Administrator and confirmed by the City Council.
"Lot Type 1" means a Lot in Improvement Area #1 designated as such on the Improvement Area
#1 Assessment Roll, marketed to homebuilders as a 70' Lot.
"Lot Type 2" means a Lot in Improvement Area #1 designated as such on the Improvement Area
#1 Assessment Roll, marketed to homebuilders as an 80' Lot.
"Major Improvement Area" means approximately 276.014 acres located within the District, and
more specifically described in Exhibit C.
"Major Improvement Area Annual Installment" means the annual installment payment on the
Major Improvement Area Assessment as calculated by the Administrator and approved by the
City Council, that includes: (1) principal; (2) interest; (3) Annual Collection Costs; and (4)
Additional Interest.
"Major Improvement Area Assessed Property" means any Parcel within the Major Improvement
Area against which an Assessment is levied.
"Major Improvement Area Assessment" means an assessment levied against a Parcel within the
Major Improvement Area and imposed pursuant to an Assessment Ordinance and the provisions
herein, as shown on the Major Improvement Area Assessment Roll, subject to reallocation upon
the subdivision of such Parcel or reduction according to the provisions herein and in the PID Act.
"Major Improvement Area Assessment Roll" means the Assessment Roll for the Major
Improvement Area Assessed Property within the District, as updated, modified or amended from
time to time in accordance with the procedures set forth herein and in the PID Act, including any
Annual Service Plan Updates. The Major Improvement Area Assessment Roll is included in this
Service and Assessment Plan as Exhibit F.
"Major Improvement Area Bonds" means those certain "City of Anna, Texas Special Assessment
Revenue Bonds, Series 2019 (Hurricane Creek Public Improvement District Major Improvement
Area Project)" that are secured by Major Improvement Area Assessments.
"Major Improvement Area Initial Parcel" means the all property located within the Major
Improvement Area, which is more particularly described by metes and bounds on Exhibit C,
against which the entire Major Improvement Area Assessment is levied as shown on Major
Improvement Area Assessment Roll attached hereto as Exhibit F.
"Major Improvement Area Projects" means: (1) the pro rata portion of the Major Improvements
allocable to the Major Improvement Area; and (2) District Formation and Bond Issuance Costs.
"Major Improvements" means those Authorized Improvements that confer special benefit to all
the Assessed Property within the District, and as further described in Section III.C.
"Maximum Assessment" means (1) for each Lot designated as Lot Type 1 or Lot Type 2, an
amount that will not exceed the amount shown on Exhibit N. In the event a final plat creates a
new Lot Type that differs from what is shown on Exhibit N, this Service and Assessment Plan will
be updated to reflect the new Lot Type, and the Maximum Assessment for the new Lot Type
created by the revised plat shall be the highest practical amount that results in a total tax rate of
$3.09 per $100 of estimated buildout value (after the TIRZ No. 2 Annual Credit Amount, as such
term is defined in Section V.G.) for each new Lot Type, taking into consideration the tax rate of
all taxing entities. The Maximum Assessment shall only be calculated upon the recording of a
final plat in the official public records of the County; and (2) for each future Lot Type within the
Major Improvement Area, the highest practical amount that results in a total tax rate of $3.09
per $100 of estimated buildout value (after TIRZ Annual Credit Amount) for each new Lot
Type. The Maximum Assessment for each future Lot Type shall only be calculated upon the
recording of a final plat with the County.
"Non -Benefited Property" means Parcels within the boundaries of the District that accrue no
special benefit from the Authorized Improvements. Property is identified as Non -Benefitted
Property at the time the Assessments are (1) imposed or (2) reallocated pursuant to a subdivision
of a Parcel that is not assessed.
"Owner" means CADG Hurricane Creek, LLC, a Texas limited liability company, and any successor
owner of property in the District or any portion thereof.
"Parcel" or "Parcels" means a specific property within the District identified by either a tax map
identification number assigned by the Collin Central Appraisal District for real property tax
purpose, by metes and bounds description, or by lot and block number in a final subdivision plat
recorded in the official public records of the County, or by any other means determined by the
City.
"PID Act" means Chapter 372, Texas Local Government Code, as amended.
"PID Bonds" means any bonds issued by the City in one or more series and secured in whole or
in part by Assessments.
"Prepayment" means the payment of all or a portion of an Assessment before the due date
thereof. Amounts received at the time of a Prepayment which represent a payment of principal,
interest, or penalties on a delinquent installment of an Assessment are not to be considered a
Prepayment, but rather are to be treated as the payment of the regularly scheduled Assessment.
"Prepayment Costs" means interest, including Additional Interest, and Annual Collection Costs
to the date of Prepayment.
"Service and Assessment Plan" means this Hurricane Creek Public Improvement District Service
and Assessment Plan as amended from time to time.
"Service Plan" covers a period of at least five years and defines the annual indebtedness and
projected costs of the Authorized Improvements.
"TIRZ No. 2" means Tax Increment Reinvestment Zone No. 2, City of Anna, Texas created by the
City pursuant to TIRZ Creation Ordinance No. on March 12, 2019.
"TIRZ" means a tax increment reinvestment zone created by the City for the benefit of each
Improvement Area.
"TIRZ Act" means Chapter 311, Texas Tax Code, as amended.
"TIRZ Agreement" means an agreement between the City and the Developer relating to a TIRZ
Annual Credit Amount.
"TIRZ Annual Credit Amount" means, for each year, the amounts paid by the City from a TIRZ
Fund to reduce an Annual Installment, which amount will be calculated pursuant to a TIRZ
Agreement for each TIRZ, not to exceed the amount described in Section V.G.2.
"TIRZ Creation Ordinance" means an ordinance adopted by the City Council creating a TIRZ and
a TIRZ Fund.
"TIRZ Final Plan" means a Final Project and Financing Plan fora TIRZ, adopted by the City Council
in accordance with the TIRZ Act, as the same may be amended from time to time.
"TIRZ Plan Ordinance" means an ordinance adopted by the City Council approving a TIRZ Final
Plan and authorizing the use of TIRZ Revenues for project costs related to certain public
improvements under the TIRZ Act, as provided for in the TIRZ Final Plan.
"TIRZ Fund" means the tax increment fund created pursuant to a TIRZ Creation Ordinance.
"TIRZ Revenues" mean, for each year, the amounts which are deposited in the TIRZ Fund
pursuant to the TIRZ Final Plan Ordinance, as described in the TIRZ Final Plan, and the TIRZ
Agreement.
SECTION II: THE DISTRICT
The District includes approximately 368.200 contiguous acres located within the City, as more
particularly described by metes and bounds on Exhibit A. Development of the District is
anticipated to include approximately 654 single-family homes.
Improvement Area #1 includes approximately 92.186 contiguous acres located within the City,
as more particularly described by metes and bounds on Exhibit B. Development of Improvement
Area #1 is anticipated to include approximately 215 single-family homes.
The Major Improvement Area includes approximately 276.014 contiguous acres located within
the City, as more particularly described by metes and bounds on Exhibit C. Development of the
Major Improvement Area is anticipated to include approximately 439 single-family homes.
SECTION III: AUTHORIZED IMPROVEMENTS
The City Council, based on information provided by the Owner and its engineer and reviewed by
the City staff and by third -party consultants retained by the City, has determined that the costs
described below are costs of Authorized Improvements, as defined by the PID Act, that confer a
special benefit on the Assessed Property. Allocation of the Authorized Improvements is shown
on Exhibit G.
A. Improvement Area #1 Improvements
All Improvement Area #1 Improvements will be designed and constructed in accordance
with City standards and specifications and will be owned and operated by the City.
■ Street Improvements
Improvements including subgrade stabilization (including lime treatment and
compaction), concrete and reinforcing steel for roadways, testing, handicapped ramps,
and street lights. All related earthwork, excavation, erosion control, retaining walls,
intersections, signage, lighting and re -vegetation of all disturbed areas within the right-
of-way are included. The street improvements will provide street access to each Lot
within Improvement Area #1.
■ Water Improvements
Improvements including trench excavation and embedment, trench safety, PVC piping,
manholes, service connections, testing, related earthwork, excavation, and erosion
control all necessary appurtenances required to provide water service to each Lot within
Improvement Area #1.
■ Sanitary Sewer Improvements
Improvements including trench excavation and embedment, trench safety, PVC piping,
manholes, service connections, testing, related earthwork, excavation, and erosion
control all necessary appurtenances required to provide wastewater service to each Lot
within Improvement Area #1.
■ Storm Drainage Improvements
Improvements including earthen channels, swales, curb and drop inlets, RCP piping and
boxes, headwalls, concrete flumes, rock rip rap, concrete outfalls, and testing as well as
all related earthwork, excavation, and erosion control necessary to provide storm
drainage for each Lot in Improvement Area #1.
B. Major Improvements
All Major Improvements will be designed and constructed in accordance with City
standards and specifications and will be owned and operated by the City.
■ Street Improvements
Improvements include construction of perimeter road and thoroughfare improvements,
including related paving, drainage, curbs, gutters, sidewalks, retaining walls, signage, and
traffic control devices.
■ Water Distribution System Improvements
Improvements consist of construction and installation of water lines, mains, pipes, valves
and appurtenances necessary for the water distribution system, as well as related testing,
trench safety and erosion protection, necessary to service the District.
■ Sanitary Sewer Improvements
Improvements consist of construction and installation of pipes, service lines, manholes,
encasements and appurtenances necessary to provide sanitary sewer service to the
District.
■ Storm Drainage Improvements
Improvements consist of reinforced concrete pipes, reinforced concrete boxes, and multi -
reinforced box culverts.
C. District Formation and Bond Issuance Costs
■ Cost of Issuance
Includes costs of issuing a particular series of PID Bonds, including but not limited to issuer
fees, attorney fees, financial advisory fees, consultant fees, appraisal fees, printing costs,
publication costs, City costs, fees charged by the Texas Attorney General, and any other
cost or expense directly associated with the issuance of PID Bonds, including:
■ Debt Service Reserve Fund
Equals the amount required under an Indenture in connection with the issuance
of a particular series of PID Bonds.
■ Capitalized Interest
Equals the amount required under an Indenture in connection with the issuance
of a particular series of PID Bonds.
■ Underwriter's Discount
Equals a percentage of the par amount of a particular series of PID Bonds plus a
fee for underwriter's counsel.
■ District Formation
Includes 111 year District administration reserves, costs and expenses directly associated
with forming the District.
SECTION IV: SERVICE PLAN
The PID Act requires the Service Plan to cover a period of at least five years. The Service Plan is
required to define the annual projected costs and indebtedness for the Authorized
Improvements undertaken within the District during the five-year period. The Service Plan must
be reviewed and updated, at least annually, and approved by the City Council. Exhibit H
summarizes the Service Plan for the District.
Exhibit I summarizes the sources and uses of funds required to construct the Authorized
Improvements and pay the District Formation and Bond Issuance Costs. The sources and uses of
funds shown on Exhibit I shall be updated each year in the Annual Service Plan Update to reflect
any budget revisions and Actual Costs.
SECTION V: ASSESSMENT PLAN
The PID Act allows the City Council to apportion the costs of the Authorized Improvements to the
Assessed Property based on the special benefit received from the Authorized Improvements. The
PID Act provides that such costs may be apportioned: (1) equally per front foot or square foot;
(2) according to the value of property as determined by the City Council, with or without regard
to improvements constructed on the property; or (3) in any other manner approved by the City
Council that results in imposing equal shares of such costs on property similarly benefited. The
PID Act further provides that the governing body may establish by ordinance or order reasonable
classifications and formulas for the apportionment of the cost between the municipality or the
City and the area to be assessed and the methods of assessing the special benefits for various
classes of improvements.
The determination by the City Council of the assessment methodologies set forth below is the
result of the discretionary exercise by the City Council of its legislative authority and
governmental powers and is conclusive and binding on the Owner and all future owners and
developers of the Assessed Property.
A. Assessment Methodology for Improvement Area #1
The City Council, acting in its legislative capacity based on information provided by the Owner
and its engineer and reviewed by the City staff and by third -party consultants retained by the
City, has determined that the Improvement Area #1 Projects shall be allocated to the
Improvement Area #1 Assessed Property by spreading the entire Improvement Area #1
Assessment across all Improvement Area #1 Assessed Property based on the ratio of the
estimated build out value of each Parcel within Improvement Area #1 to the estimated build out
value for all Parcels within Improvement Area #1.
B. Assessment Methodology for the Major Improvement Area
The City Council, acting in its legislative capacity based on information provided by the Owner
and its engineer and reviewed by the City staff and by third -party consultants retained by the
City, has determined that the Major Improvement Area Projects shall be allocated to the Major
Improvement Area Assessed Property by spreading the entire Major Improvement Area
Assessment across all Major Improvement Area Assessed Property based on the ratio of the
estimated build out value of each Parcel within the Major Improvement Area to the estimated
build out value for all Parcels within the Major Improvement Area.
C. Assessments
The Improvement Area #1 Assessment will be levied on the Improvement Area #1 Initial Parcel
in the amount shown on the Improvement Area #1 Assessment Roll, attached hereto as Exhibit
E. The projected Improvement Area #1 Annual Installments are shown on Exhibit J. Upon
subdivision of the Improvement Area #1 Initial Parcel by the recording of a final plat in the official
public records of the County, Improvement Area #1 Assessment will be reallocated pursuant to
Section VI.
The Major Improvement Area Assessment will be levied on the Major Improvement Area Initial
Parcel in the amount shown on the Major Improvement Area Assessment Roll, attached hereto
as Exhibit F. The projected Major Improvement Area Annual Installments are shown on Exhibit
K. Upon subdivision of the Major Improvement Area Initial Parcel by the recording of a final plat
in the official public records of the County, the Major Improvement Area Assessment will be
reallocated pursuant to Section VI.
Exhibit N shows the estimated Assessment and Annual Installment for each Lot Type within
Improvement Area #1. The projected Assessment and Annual Installment shown on Exhibit N
are preliminary and are subject to change based on the land uses contained within the final plat,
but in no case will the Assessment for any Lot Type exceed the Maximum Assessment.
D. Findings of Special Benefit
The City Council, acting in its legislative capacity based on information provided by the Owner
and its engineer and reviewed by the City staff and by third -party consultants retained by City,
has found and determined:
■ Improvement Area #1
■ The costs of the Improvement Area #1 Projects equal $8,543,171 as shown on
Exhibit G; and
■ The Improvement Area #1 Assessed Property receives special benefit from the
Improvement Area #1 Projects equal to or greater than the Actual Cost of the
Improvement Area #1 Projects; and
■ The Improvement Area #1 Initial Parcel will be allocated 100% of the Improvement
Area #1 Assessment levied for the Improvement Area #1 Projects, which equal
$7,375,000 as shown on the Improvement Area #1 Assessment Roll attached
hereto as Exhibit E;
■ The special benefit ( >_ $8,543,171) received by the Improvement Area #1 Initial
Parcel from the Improvement Area #1 Projects is equal to or greater than the
amount of the Improvement Area #1 Assessment ($7,375,000) levied on the
Improvement Area #1 Initial Parcel for the Improvement Area #1 Projects; and
■ At the time the City Council approved the Service and Assessment Plan, the Owner
owned 100% of the Improvement Area #1 Initial Parcel. The Owner acknowledged
that the Improvement Area #1 Projects confer a special benefit on the
Improvement Area #1 Initial Parcel and consented to the imposition of the
Improvement Area #1 Assessment to pay for the Actual Costs associated
therewith. The Owner ratified, confirmed, accepted, agreed to, and approved: (1)
the determinations and findings by the City Council as to the special benefits
described herein and the Assessment Ordinance; (2) the Service and Assessment
Plan and the Assessment Ordinance, and (3) the levying of the Improvement Area
#1 Assessment on the Improvement Area #1 Initial Parcel.
■ Major Improvement Area
■ The costs of the Major Improvement Area Projects equal $3,765,000, as shown on
Exhibit G; and
■ The Major Improvement Area Assessed Property receives special benefit from the
Major Improvement Area Projects equal to or greater than the Actual Cost of the
Major Improvement Area Projects; and
■ The Major Improvement Area Initial Parcel will be allocated 100% of the Major
Improvement Area Assessment levied for the Major Improvement Area Projects,
which equal $3,765,000 as shown on the Major Improvement Area Assessment
Roll attached hereto as Exhibit F;
■ The special benefit ( >_ $3,765,000) received bythe Major Improvement Area Initial
Parcel from the Major Improvement Area Projects is greater than or equal to the
amount of the Major Improvement Area Assessment ($3,765,000) levied on the
Major Improvement Area Initial Parcel for the Major Improvement Area Projects;
and
■ At the time the City Council approved the Service and Assessment Plan, the Owner
owned 100% of the Major Improvement Area Initial Parcel. The Owner
acknowledged that the Major Improvement Area Projects confer a special benefit
on the Major Improvement Area Initial Parcel and consented to the imposition of
the Major Improvement Area Assessments to pay for the Actual Costs associated
therewith. The Owner has ratified, confirmed, accepted, agreed to, and approved:
(1) the determinations and findings by the City Council as to the special benefits
described herein and the Assessment Ordinance; (2) the Service and Assessment
Plan and the Assessment Ordinance, and (3) the levying of Major Improvement
Area Assessment on the Major Improvement Area Initial Parcel.
E. Annual Collection Costs
The Annual Collection Costs shall be paid for by each Parcel pro rata based on the ratio of the
amount of outstanding Assessment remaining on the Parcel to the total outstanding Assessment.
The Annual Collection Costs shall be collected as part of and in the same manner as Annual
Installments in the amounts shown on the Assessment Roll, which may be revised based on actual
costs incurred in Annual Service Plan Updates.
F. Additional Interest
The interest rate on Assessments levied on the Assessed Property may exceed the interest rate
on the PID Bonds by the Additional Interest Rate. Additional Interest shall be collected as part of
each Annual Installment and shall be deposited into a reserve account and segregated from other
funds of the City, pursuant to the Indenture.
G. TIRZ No. 2 Annual Credit Amount
In accordance with the TIRZ Final Plan Ordinance and the TIRZ Agreement for TIRZ No. 2, the City
Council has agreed to use a portion of TIRZ Revenues generated from TIRZ No. 2 to reduce the
Improvement Area #1 Annual Installment for all Improvement Area #1 Assessed Property (the
"TIRZ No. 2 Annual Credit Amount") based on the desire of the City Council to maintain a
competitive, composite ad valorem equivalent tax rate taking into consideration the tax rates of
all applicable taxing units and the equivalent tax rate of the Improvement Area #1 Annual
Installment based on assumed buildout values.
1. The Improvement Area #1 Annual Installment for a Parcel shall be calculated from the
previous tax year's TIRZ Revenues then on deposit in the TIRZ Fund for TIRZ No. 2 (i.e., TIRZ
Revenues collected in 2019 shall be applied as the TIRZ No. 2 Annual Credit Amount
applicable to Improvement Area #1 Annual Installments to be collected in 2020), but in no
event shall the TIRZ No. 2 Annual Credit Amount exceed the amounts shown in Section V.G.2
as calculated on Exhibit R for each Parcel.
2. The TIRZ No. 2 Annual Credit Amount available to reduce the Improvement Area #1 Annual
Installment for a Parcel is calculated for each Lot Type within Improvement Area #1, as shown
on Exhibit R. The TIRZ No. 2 Annual Credit Amount is calculated so that the average
Improvement Area #1 Annual Installment minus the TIRZ No. 2 Annual Credit Amount for
each Lot Type does not produce an equivalent tax rate which exceeds the competitive,
composite ad valorem equivalent tax rate ($3.09 per $100 of assessed value) taking into
consideration the tax rates of all applicable taxing units and the equivalent tax rate of the
Improvement Area #1 Annual Installments based on assumed buildout values at the time the
City Council approves the Assessment Ordinance for Improvement Area #1. The TIRZ No. 2
Annual Credit Amount for Lot Type 1 and Lot Type 2 will be calculated pursuant to the TIRZ
Agreement for TIRZ No. 2, but in no event will the TIRZ No. 2 Annual Credit Amount for Lot
Type 1 and Lot Type 2 exceed the amounts shown below:
a. Maximum TIRZ No. 2 Annual Credit Amount for Lot Type 1: $1,173
b. Maximum TIRZ No. 2 Annual Credit Amount for Lot Type 2: $1,341
3. If the debt service on issued and outstanding Improvement Area #1 Bonds is reduced as the
result of an economic refunding of those Improvement Area #1 Bonds, the Prepayment of
Improvement Area #1 Assessments, or the redemption of Improvement Area #1 Bonds, then
there would be a corresponding reduction in the Improvement Area #1 Assessment and the
Improvement Area #1 Annual Installment; in which case the TIRZ No. 2 Annual Credit Amount
will be recalculated according to Section V.G.2 above. In such case, the reduced Improvement
Area #1 Assessment and Improvement Area #1 Annual Installment, as shown on the
Improvement Area #1 Assessment Roll, shall be reflected in the next Annual Service Plan
Update and approved by City Council.
SECTION VI: TERMS OF THE ASSESSMENTS
A. Reallocation of Assessments
1. Upon Division Prior to Recording of Subdivision Plot
Upon the division of any Assessed Property (without the recording of subdivision plat),
the Administrator shall reallocate the Assessment for the Assessed Property prior to the
division among the newly divided Assessed Properties according to the following formula:
A=Bx(C=D)
Where the terms have the following meanings:
A = the Assessment for the newly divided Assessed Property
B = the Assessment for the Assessed Property prior to division
C = the estimated buildout value of the newly divided Assessed Property
D = the sum of the estimated buildout value for all of the newly divided Assessed
Properties
The calculation of the buildout value of an Assessed Property shall be performed by the
Administrator and confirmed by the City Council based on information from the Owner,
homebuilders, market studies, appraisals, official public records of the County, and any
other relevant information regarding the Assessed Property. The calculation as confirmed
by the City Council shall be conclusive.
The sum of the Assessments for all newly divided Assessed Properties shall equal the
Assessment for the Assessed Property prior to subdivision. The calculation shall be made
separately for each newly divided Assessed Property. The reallocation of an Assessment
for an Assessed Property that is a homestead under Texas law may not exceed the
Assessment prior to the reallocation. Any reallocation pursuant to this section shall be
reflected in the next Annual Service Plan Update and approved by the City Council.
2. Upon Subdivision by a Recorded Subdivision Plat
Upon the subdivision of any Assessed Property based on a recorded subdivision plat, the
Administrator shall reallocate the Assessment for the Assessed Property prior to the
subdivision among the new subdivided Lots based on buildout value according to the
following formula:
A = [B x (C - D)]/E
Where the terms have the following meanings:
A = the Assessment for the newly subdivided Lot
B = the Assessment for the Parcel prior to subdivision
C = the sum of the estimated average buildout value of all newly subdivided Lots
with same Lot Type
D =the sum of the estimated average buildout value for all of the newly subdivided
Lots excluding Non -Benefitted Property
E= the number of Lots with same Lot Type
Prior to the recording of a subdivision plat, the Owner shall provide the City an estimated
buildout value as of the date of the recorded subdivision plat for each Lot created by the
recorded subdivision plat considering factors such as density, lot size, proximity to
amenities, view premiums, location, market conditions, historical sales, discussions with
homebuilders, and any other factors that may impact value. The calculation of the
estimated average buildout value for a Lot shall be performed by the Administrator and
confirmed by the City Council based on information provided by the Owner,
homebuilders, third party consultants, and/or the official public records of the County
regarding the Lot.
The sum of the Assessments for all newly subdivided Lots shall not exceed the Assessment
for the portion of the Assessed Property subdivided prior to subdivision. The calculation
shall be made separately for each newly subdivided Assessed Property. The reallocation
of an Assessment for an Assessed Property that is a homestead under Texas law may not
exceed the Assessment prior to the reallocation. Any reallocation pursuant to this section
shall be reflected in the next Annual Service Plan Update and approved by the City
Council.
3. Upon Consolidation
If two or more Lots or Parcels are consolidated, the Administrator shall allocate the
Assessments against the Lots or Parcels before the consolidation to the consolidated Lot
or Parcel, which allocation shall be reflected in the next Annual Service Plan Update and
approved by the City Council.
B. Mandatory Prepayment of Assessments
1. Transfer to exempt person or entity
If the Assessed Property is transferred to a person or entity that is exempt from payment
of the Assessment, the owner transferring the Assessed Property shall pay to the City the
full amount of the Assessment, plus Prepayment Costs and Delinquent Collection Costs,
prior to the transfer. If the owner of the Assessed Property causes the Assessed Property
to become Non -Benefited Property, the owner causing the change in status shall pay to
the City the full amount of the Assessment, plus Prepayment Costs and Delinquent
Collection Costs, prior to the change in status.
2. Maximum Assessment exceeded at plat
Prior to the City approving a final subdivision plat, the Administrator will certify that such
plat will not result in the Assessment per Lot for any Lot Type to exceed the Maximum
Assessment. If the Administrator determines that the resulting Assessment per Lot for
any Lot Type will exceed the Maximum Assessment, then (i) the Assessment applicable to
each Lot Type shall each be reduced to the Maximum Assessment, and (ii) the person or
entity filing the plat shall pay to the City the amount the Assessment was reduced, plus
Prepayment Costs and Delinquent Collection Costs, prior to the City approving the final
plat.
C. Reduction of Assessments
If as a result of cost savings or an Authorized Improvement not being constructed, the Actual
Costs of completed Authorized Improvements are less than the Assessments, the City Council
shall reduce each Assessment on a pro -rata basis such that the sum of the resulting reduced
Assessments for all Assessed Properties equals the reduced Actual Costs. Excess PID Bond
proceeds shall be applied to redeem outstanding PID Bonds. The Assessments shall not,
however, be reduced to an amount less than the outstanding PID Bonds.
The Administrator shall update (and submit to the City Council for review and approval as part of
the next Annual Service Plan Update) the Assessment Roll and corresponding Annual Installments
to reflect the reduced Assessments.
D. Prepayment of Assessments
The owner of the Assessed Property may pay, at any time, all or any part of an Assessment in
accordance with the PID Act. Prepayment Costs, if any, may be paid from the Additional Interest.
If an Annual Installment has been billed prior to the Prepayment, the Annual Installment shall be
due and payable and shall be credited against the Prepayment.
If an Assessment is paid in full, with interest: (1) the Administrator shall cause the Assessment to
be reduced to zero and the Assessment Roll to be revised accordingly; (2) the Administrator shall
cause the revised Assessment Roll to be approved by the City Council as part of the next Annual
Service Plan Update; (3) the obligation to pay the Assessment and corresponding Annual
Installments shall terminate; and (4) the City shall provide the owner with a recordable "Notice
of PID Assessment Termination."
If an Assessment is paid in part, with interest: (1) the Administrator shall cause the Assessment
to be reduced and the Assessment Roll revised accordingly; (2) the Administrator shall cause the
revised Assessment Roll to be approved by the City Council as part of the next Annual Service
Plan Update; and (3) the obligation to pay the Assessment and corresponding Annual
Installments shall be reduced.
E. Payment of Assessment in Annual Installments
Exhibit) shows the estimated Annual Installments for Improvement Area #1, and Exhibit K shows
the estimated Annual Installments for the Major Improvement Area. Assessments that are not
paid in full shall be due and payable in Annual Installments. Annual Installments are subject to
adjustment in each Annual Service Plan Update.
If any Parcel shown on the Assessment Roll is assigned multiple tax identification numbers, the
Annual Installment shall be allocated pro rata based on the acreage of the property as shown by
Collin Central Appraisal District for each tax identification number.
The Administrator shall prepare and submit to the City Council for its review and approval an
Annual Service Plan Update to allow for the billing and collection of Annual Installments. Each
Annual Service Plan Update shall include updated Assessment Rolls and updated calculations of
Annual Installments. The Annual Collection Costs shall be paid for by each Parcel pro rata based
on the ratio of the amount of outstanding Assessment remaining on the Parcel to the total
outstanding Assessment. Annual Installments shall be reduced by the Annual Credit Amount and
any credits applied under an applicable Indenture, such as capitalized interest, interest earnings
on account balances, and any other funds available to the Bond Trustee for such purposes.
Annual Installments shall be collected by the City in the same manner and at the same time as
ad valorem taxes. Annual Installments shall be subject to the penalties, procedures, and
foreclosure sale in case of delinquencies as set forth in the PID Act and in the same manner as ad
valorem taxes for the City. The City Council may provide for other means of collecting Annual
Installments. Assessments shall have the lien priority specified in the PID Act.
Sales of the Assessed Property for nonpayment of Annual Installments shall be subject to the lien
for the remaining unpaid Annual Installments against the Assessed Property, and the Assessed
Property may again be sold at a judicial foreclosure sale if the purchaser fails to timely pay the
non -delinquent Annual Installments as they become due and payable.
The City reserves the right to refund PID Bonds in accordance with the PID Act. In the event of a
refunding, the Administrator shall recalculate the Annual Installments so that total Annual
Installments will be sufficient to pay the refunding bonds, and the refunding bonds shall
constitute "PID Bonds."
Each Annual Installment of an Assessment, including interest on the unpaid principal of the
Assessment, shall be updated annually. Each Annual Installment shall be due when billed and
shall be delinquent if not paid prior to February 1 of the following year. The initial Annual
Installments relating to the PID Bonds shall be due when billed and shall be delinquent if not paid
prior to February 1, 2020.
SECTION VII: ASSESSMENT ROLL
The Improvement Area #1 Assessment Roll is attached as Exhibit E. The Administrator shall
prepare, and submit to the City Council for review and approval, proposed revisions to the
Improvement Area #1 Assessment Roll and Improvement Area #1 Annual Installments for each
Parcel as part of each Annual Service Plan Update.
The Major Improvement Area Assessment Roll is attached as Exhibit F. The Administrator shall
prepare, and submit to the City Council for review and approval, proposed revisions to the Major
Improvement Area Assessment Roll and Major Improvement Area Annual Installments for each
Parcel as part of each Annual Service Plan Update.
SECTION VIII: ADDITIONAL PROVISIONS
A. Calculation Errors
If the owner of a Parcel claims that an error has been made in any calculation required by this
Service and Assessment Plan, including, but not limited to, any calculation made as part of any
Annual Service Plan Update, the owner's sole and exclusive remedy shall be to submit a written
notice of error to the Administrator by December 1St of each year following City Council approval
of the calculation; otherwise, the owner shall be deemed to have unconditionally approved and
accepted the calculation. Upon receipt of a written notice of error from an owner the
Administrator shall provide a written response to the City Council and the owner within 30 days
of such referral. The City Council shall consider the owner's notice of error and the
Administrator's response at a public hearing, and within 30 days after closing such hearing, the
City Council shall make a final determination as to whether an error has been made. If the City
Council determines that an error has been made, the City Council shall take such corrective action
as is authorized by the PID Act, this Service and Assessment Plan, the Assessment Ordinance, the
Indenture, or is otherwise authorized by the discretionary power of the City Council. The
determination by the City Council as to whether an error has been made, and any corrective
action taken by the City Council, shall be final and binding on the owner and the Administrator.
B. Amendments
Amendments to this Service and Assessment Plan must be made by the City Council in
accordance with the PID Act. To the extent permitted by the PID Act, this Service and Assessment
Plan may be amended without notice to owners of the Assessed Property: (1) to correct mistakes
and clerical errors; (2) to clarify ambiguities; and (3) to provide procedures to collect
Assessments, Annual Installments, and other charges imposed by this Service and Assessment
Plan.
C. Administration and Interpretation
The Administrator shall: (1) perform the obligations of the Administrator as set forth in this
Service and Assessment Plan; (2) administer the District for and on behalf of and at the direction
of the City Council; and (3) interpret the provisions of this Service and Assessment Plan.
Interpretations of this Service and Assessment Plan by the Administrator shall be in writing and
shall be appealable to the City Council by owners or developers adversely affected by the
interpretation. Appeals shall be decided by the City Council after holding a public hearing at
which all interested parties have an opportunity to be heard. Decisions by the City Council shall
be final and binding on the owners and developers and their successors and assigns.
D. Severability
If any provision of this Service and Assessment Plan is determined by a governmental agency or
court to be unenforceable, the unenforceable provision shall be deleted and, to the maximum
extent possible, shall be rewritten to be enforceable. Every effort shall be made to enforce the
remaining provisions.
EXHIBITS
The following Exhibits are attached to and made a part of this Service and Assessment Plan for
all purposes:
Exhibit A
District Map & Legal Description
Exhibit B
Improvement Area #1 Legal Description
Exhibit C
Major Improvement Area Legal Description
Exhibit D
Map of Improvement Area #1 and Major Improvement Area
Exhibit E
Improvement Area #1 Assessment Roll
Exhibit F
Major Improvement Area Assessment Roll
Exhibit G
Allocation of Authorized Improvements
Exhibit H
Service Plan
Exhibit I
Sources and Uses of Funds
Exhibit J
Improvement Area #1 Annual Installments
Exhibit K
Major Improvement Area Annual Installments
Exhibit L
Lot Type 1 Annual Installments
Exhibit M
Lot Type 2 Annual Installments
Exhibit N
Improvement Area #1 Allocation by Lot Type
Exhibit O
Map(s) of Improvement Area #1 Improvements
Exhibit P
Map(s) of Major Improvements
Exhibit Q
Allocation of Major Improvements
Exhibit R
Annual TIRZ Credit by Lot Type
NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN,
EXHIBIT A — DISTRICT MAP & LEGAL DESCRIPTION
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EXHIBIT - DEPICTION OF PROPERTY
VILLAGES OF
HURRICANE ANE C REEI
751
I all thal certain tirlacil lard situated in then Joseph f.ioyle Svvey, Almti,act:
Nurnbew 1n!5, the lohin C0ffTri-2i15wWrv, Ab: tralt.,t Nuirl11:142i` "..9) t1V J. I KkICtid(! SurwQy,
Abstract Number 909 ,,4, W Wuliel Swvey, Abs:trall Numl;,Pir'565 the W Ratran
Surll Ab.'.-ux:t Nil.,mfl),er 7152. and 1JI T. Rattan, Sli Alnaifav Nuii 785, Collin
L.Ou Qy, Iarid beirpig .�fl I of .1 L'11101J 262.4 1 �`IiLli trAtt A ' 6O.WilibOd, brj y ld,f-m�to
"If Korric.-anp Creek, I,,P in VicAimiie,5430, Fa�e 9R,64 0, f Couintly
Reccnids, Colkii Coll Fcx�.ws ari,d be,lrig I of, ac alliled 11 4, 2,52atr'e of larti demirlb(i
V, y dclt!,d It'i Dcln c1olIi1,1*, 01, al rett',m'de,d in Vollurne 525 7, 14,917 ulf sl::Ii�d,Cbuirlty
Reclulds and being rillintre Jescribled' li metes l bmAnds as fodcivw5�
REGINNIIING AII the, vni-ri,or of sdiid �62.41 acn."! tract„ in the mnit hine of
1„1,4, 5 2 acre trac �
THENCE S 26,8 7.84 fook"
THENCE INOID OW2 M, ,187', , feet;
THE NCE N 89" 5V2 4'W, 84 4,2 1 feet;
THIENCE IN 0-i"IA-3-4,9`1r, 11.88.001ftn',[
THENCE 1N6t8 2 G'26"W, 3,65, 3, 5 feet;
THIFACE N 23`08"27"W, 6T47feet
THIENCE IN Oz"4,m; 1 is l'', IE
THENCE N 89-57',55'F,, 4155, 63 f�,P, t;
TH(AlCE IN 89"l5 3'I'""Il -142,56 feet,;
THiNCE 5 '17515.° 7 l',upt to bhe ofsaid 262.41ai-'ry trAct nf
lainid aird behing 1he Fkald 114,25Z acire,
THIACE N89,11%30"E, AT -4,06 fmt�
THIENCE S 00"IW57"W 232 ' A ltmA
4,36l evi;
THENCE M&9 �,8 f
'THENCE 5 OF01639"E, 515 9,6,l fe. (,.I to the bc,,�pinriirl[p the np
of a c u r�eto, , II
THENCE w�ith Lijid cuilvo ll Ittuo il bil Of 201 -AO iI
aligY* elf 16`4841, tv,mnpl �,i rnuiiili(,-�f 7QQ.f)Ql ff-,Pl, ii tong, chord .Which 5
07'17'41"W, 204,65 ft° Hl
T'HE'NCE S 15"A 273 2,11'w 1"22.60 loclt,�
THENCE wi I t,p the left, ainiinr JT5t,,,mC,P of 20553r) a Tfeet centT,7�11
x�l aclius of 700,Wlfeet, ii long ch�,'rwI i i �,e jr r S S
THENCE $ Oj,'0fi'39`1F,,. 763�4i
'THENCE with said ck.,ilrvp to the eight, an arc. chstm)CR cif: %.l &i,43 fcmlmt, thmijgh a ce,ntralJ
alll'�,�(e ol`4119"J-11'48" I i of 699.55fii dw long chovd wl lb�am& S
03"31"Is"v"
THENCE S 09'25"09"W, 393,816 Oeett
THIM,rr l 111 w 11,145 ifffill' "411 Airrltl teyf jrlP u,,q liv,pi thrr'n,iIt
m
We of 08`19`23", hawinp a ff�afdlu,5 ofl 70Q.1i ielq, Olp Wrch
ip i
0+%'".:N 5'28""W, 10.1 � 60 teel.;
T'HE'NCE S 1018S 62 fnel-
THENCE witII rvir,4viglhi,, an arr Olstance- cif 530,61 tivq,ijlvh a (i
a
(313'25`152" f hich ki a rs 5
a �ad s of 700, 111 f eet, the long cho cl w
2 W 151BUDflm,j
THENCE 5 di . '11'3'7'w, 241-38 rpet-1
THENCE wili said curve tothe Op
ght, an arc cfimrice 44 1L; 41 fti m thrcwfh a
a I' i1 it. o If (Y YO 2 "A 8 lw�i r)j g d, 1� 6i'lij s of 4 00. DO fet! t, it Ir, e, long drieltJ %vh ic h a is S
41 411112"W, 25.41 frim t",
THIENCE, N 89`4 4'50"W, 65 11A)6 Feet
THENCE 5 76 qnta
5,80 fpi.,4, tra� he Poiint� of BeRJininifiniC anct z- iiring
7,37 R
s)cluare feo,at or 368,2 acres cd: land @atore or kns,.
a HVPROTON
1 11.11 1. L 11 T 10.
EXHIBIT Al - METESANID BOUNDS
Om
VILLAGEO OF
WILJRRIC&k��F�alt
EXHIBIT B - IMPROVEMENT AREA #1 LEGAL DESCRIPTION
LEGAL DEB',C°PIPTlCIN
3EiL*»afC aa, tract of land sitru led iai the Joseph Boyle Sune °„ Abstract I iaaubei 115, W S. lls,ttar SLuvey,,
Abr.tract M, unber 752, T. Rattan San e5°., Abmtract M iinber 782., and tlae T. Coffinami 11tmrm-maey Abstract
NfLanber 197, Colhii Gat ma ,, Texas and being Paint of float trdad of lain described ui dee to CAlXj
1 inhicamue Creek, LLC, recorded in Lisdml'ivaimerit Muinber 501565290116631020 of t he OfEcial PrMc
Record,,, of C"aoMn Cotirrt?i°., Texim and being mmiore Pamticiilmly described as, fb1lows:
3EGDq%TW J at a 5,18" it mm rod fymsrund fbm tle northeast corm er cf°a men-ninder tractW'K Plaatraem. LTD
recorded in Voliaiw 4292, Pam 27 of said Clffici m1 Public Pecorcls and time eaaatenuiloast soiitlieomst collier
of wld.0"ADG El'i m-m-icaue Creel, LLC tract;
Tl lC E S- 88t" 58`°27"7 %%i 1.910.63 feet rnmdth the soufli line o�f samd CMJ tract to a 5,177 iraii �rod vdth
plaistic cap stamped 'PE'LOT'C1N" Get"
THFNC E departing so,id south Brine of the C"1i:TtC".a Huncamme Creek, LLC' tract; N,00, ` 15'277' E. 42' 1.11 fent
to a 5.18" iaom rodwith plastic Bila st r "PELOT'ON" set-,
THFNC E N 46"'18` 49" E„ 320 76 feet to, a 5°°°f` iron rind waAtlm plast c cap stan4ed "PELOTON" set:;
THF, CE N X43"'"'41"11'7'%"„ 120..00 feet to a 5187 iron rod withplastic cap wtmi d �TELCITCIN'" se,
THENCE S4b`' 18 "49" W., 117 D6, feet to a 5,177 irari mrod -with plastic cap &umm- d "?ELCaT0N' set:,
THNC°E N 43`41"1 F T 50 DO feet to a 51" irua rod with phistic cap stmiped "PE1LCaTO1N. ' set;
THF_Nt: E N 46"'18` 49" E„ 145 OD feet to, a 5°°'S` irau ruoad lNith plastmc cap Tiamm ped "PELOTON" set:;
THF_"lft: E N X43""41 "11'7 �%" 12000 feet to a 518 ' iron rod atia'rith P1asdc cap wt.m d TELOTC4'"»1'" set,
THENCE 46"' „ _ 7 t to a 5 °° iron ro with P asltc: cap stamped. set,:
THFNC E N 43;';.a41 "11'7 V 176..00 feet to a 518 ' iron rod %% tlm P1astic cap wtmig)ed ' TELCITCC'°»l"° set,
THF,N,, E N X46"'18` 49" E„ x.17' feet to aa, 5/8"iron rod w2tlr Plastic cap stuhiped. ` P'ELCITC1l ~r. set to the
beepu iaig of a c uve to the nglrt;,
TFTENt: E, wAh °sa!id cane to time ri lit., amen ixc dmstauce of 47'.141 feet, tfmrougli a central alai,-Ae of ,b5`5LL4'13";
la:min aa, radirr, of 465.0fa feet., time longchard bears; N X49' 15'"56- E, e.89 feet to a 51" iroai rod intim
plamstic cap stai4wed "PELC1TON set;
THFNC E N a43;';.aa41"11'7 V 163 78 feet to a 5187 iron rod %% tlm P1astic cap stmiq)ed ' TELCITCC'°»l"" se ,
THF51fCE N x'46"'18`49" E„ 25p 23 feet to a 51ironrod with plastltmc cap ataimi d ,PEL0T0N" set:;
THENCE N W l D)7` E„ )41 15 feet to a 5°°8 ' iron m od with plasdt c: cap stamim d "PELOTON7 set..:
THENCE S 3'� l 2"58" E„ 16.59 feet to ai S18" m mm rod with Plastic camp staigled "PELC1^TC1l J" set;,
THENCE 3 t to a 5iraai �muo with P asltc: cap Stamm pe set,,
TEENCEN59'2633" E, 195 37 feet tax , a 51" iranmod pith p1m3be caps,-tanig)ed"PF-LOTON's,et-,
THEWENW-13"07"E,731 48 feet tax , a
THEN,CE S 111Y-4653" E, 284.46 feet to a 51"
THE'qCEN89'13"07" E, 525 Ofeet tax , a 51" iranmod pith p1m3be caps,-tanig)ed"PF-LOTON's,et-,
THENCE S OT-4653" E, 460.01) feet to a 51" set:
THEN,CE S W 13 077 %V� 170 OD feet to a 5,> 91"iroi.irod -wi:tlipla,,gtc:caps:timTed "PELOTOS �.N7set;
THEN,CE S 01`32`35"W138 8�3 feet to a
T=CE S 11Y56'49" 63.28 feet to a 51" irmi rod vidthplastic cajpstmm*"PELOT0N,',,,et-1
THEN,CE S 20'4(Y36_7 64.0,6 feet to a 5PB" um rod iNithplastic capsta "TFL THIN' set-,
THEN,CE S 34'3132" 1%" 64.92leet to a 51"
THEN, CE S 56"29'24"�%" 66.49feet to a set-1
THPqCE S, 55" 11`09" %V70.72: fL-et to a 51" um rod iNithplastic capstmiped"TFLOTON' set-1
THFqCE S 3POT12" E, 131.90 feet to a 51" goi.im odiNithplastic :caip,tmTed"'PELOTO�N's,et:
THENCE S 36" 1647" E, 50.0O feet to a 5,,'8'7 iron rod wifli plastic cap :at u4%-d "PEL07ON" set-,
THF-NCES53"43'13"1%�1.72feet toaa, 5,181"iionr�adiN,ztl�ip,asticca stue"FELOTCU'S'et;
I
THENCE S 36"' 16477 E, 163.61 feet to a 51" uou rod xvith phisfic cap stmped "'PELOTO�N'set h�i the
east limn of said C.ADG Hm-rime Creek, LLC. Tract at the begim.-mug of a, can to flit right.,
THENCE Mth and cime t�o the ri an mc distance of 615 7 feet, fluough mimig[e of 0 5',0'2:1"'. Immg
arad hir,of 7001.00feet, 56"44'35"W., 6L55feet toaSls" arm rod ivith
plaistic cilip stamped "PELOTON' set;
THENCE S 59''O 1`021v�0"„ 294 65 feet to a 5/8"irau rod with plasbc cap stmn4x-d "'PELOTON7 set;
THENCE S, W 2 1 ° 12'7 %V420 50 feet to a 5/8"iran rod lNith plastc: cap staniped "PELOTON 7 set:
THENCE S 0 1" 3 l'i 0" E, 184.6' ) feet to the POINT OFBEGETQNG and C031t'.Mung 47015.62 5 sTmre
�feet a 92.186 lacres, of laind, more oy lem
HURRICANE CREEK PRELIMINARY SERVICE AND ASSESSMENT PLAN 27
EXHIBIT C — MAJOR IMPROVEMENT AREA LEGAL DESCRIPTION
BEING a tract of land situated in the Joseph Boyle Survey, Abstract Number 105, W.S. Rattan
Survey, Abstract Number 752, T. Rattan Survey, Abstract Number 782, and the J. Coffman
Survey, Abstract Number 197, Collin County, Texas and being part of that tract of land
described in deed to CADG Hurricane Creek, LLC, recorded in Instrument Number
20150529000631020 of the Official Public Records of Collin County, Texas and being more
particularly described as follows:
BEGINNING at the southernmost southeast corner of said CADG Hurricane Creek, LLC tract;
THENCE S 89054'24"W, 2,687.84 feet;
THENCE N 00004'27"W, 387.21 feet;
THENCE 89058'14"W, 849.21 feet;
THENCE N 03033'44"E, 1,188.00 feet;
THENCE N 88026'26"W, 365.15 feet;
THENCE N 23008'27"W, 67.47 feet;
THENCE NO2°48'15"E, 1,930.31 feet;
THENCE N 89052'55"E, 465.63 feet;
THENCE N 89015'32"E, 742.56 feet;
THENCE S 90000'00"E, 1,755.97 feet;
THENCE N 89°11'00"E, 794.06 feet;
THENCE S 00010'57"W, 232.18 feet;
THENCE N 89056'12"E, 1184.36 feet;
THENCE S 01006'39"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
16048'41", having a radius of 700.00 feet, the long chord which bears S 07017'41"W, 204.65
feet;
THENCE S 15042'02"W, 121.60 feet to the beginning of a curve to the left;
THENCE with said curve to the left, 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 bears S 07°17'41"W, 204.65
feet;
THENCE S O1006'39"E, 201.55 feet to the beginning of a curve to the right;
THENCE with said curve to the right, an arc distance of 116.43 feet, through a central angle of
09031'48", having a radius of 699.99 feet, the long chord which bears S 03039'15"W, 116.30
feet;
THENCE S 08025'09"W, 393.86 feet to the beginning of a curve to the left;
THENCE with said curve to the left, an arc distance of 101.69 feet, through a central angle of
08019'23", having a radius of 700.03 feet, the long chord which bears S 04015'28"W, 101.60
feet;
THENCE S 00005'44"W, 1035.62 feet to the beginning of a curve to the right;
THENCE with said curve to the right, an arc distance of 530.61 feet, through a central angle of
43025'52", having a radius of 700.00 feet, the long chord which bears S 21048'40"W, 518.00
feet;
THENCE S 43°31'37"W, 241.38 feet to the beginning of a curve to the right;
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 bears S 43040'02"W, 25.41 feet;
THENCE N 89044'50"W, 655.06 feet;
THENCE S 00056'1 FE, 265.80 feet to the Point of Beginning and containing 16,037,378 square
feet or 368.2 acres of land more or less.
SAVE AND EXCEPT
BEING a tract of land situated in the Joseph Boyle Survey, Abstract Number 105, W.S. Rattan
Survey, Abstract Number 752, T. Rattan Survey, Abstract Number 782, and the J. Coffman
Survey, Abstract Number 197, Collin County, Texas and being part of that tract of land
described in deed to CADG Hurricane Creek, LLC, recorded in Instrument Number
20150529000631020 of the Official Public Records of Collin County, Texas and being more
particularly described as follows:
BEGINNING at the southernmost southeast corner of said CADG Hurricane Creek, LLC tract;
THENCE S 88058'27" W, 1,910.63 feet;
THENCE N 000 15'27" E, 421.11 feet;
THENCE N 46018'49" E, 320.76 feet;
THENCE N 43°41'11" W, 120.00 feet;
THENCE S46018'49" W, 117.06 feet;
THENCE N 43°41'11" W, 5 0. 00 feet;
THENCE N 46018'49" E, 145.00 feet;
THENCE N 43°41'11" W, 120.00 feet;
THENCE N 46018'49" E, 570.00 feet;
THENCE N 43°41'11" W, 170.00 feet;
THENCE N 46018'49" E, 2.17 feet to the beginning of a curve to the right;
THENCE, with said curve to the right, an arc distance of 47.91 feet, through a central angle of
05054'13", having a radius of 465.00 feet, the long chord bears N 49015'56" E, 47.89 feet;
THENCE N 43°41'11" W, 163.78 feet;
THENCE N 46018'49" E, 259.23 feet;
THENCE N 89013'07" E, 741.15 feet;
THENCE S 23012'58" E, 16.58 feet;
THENCE N 89013'07" E, 140.84 feet;
THENCE N 59026'33" E, 195.37 feet;
THENCE N 89013'07" E, 731.48 feet;
THENCE S 00046'53" E, 284.46 feet;
THENCE N 89013'07" E, 525.00 feet;
THENCE S 00046'53" E, 460.00 feet;
THENCE S 89013'07" W, 170.00 feet;
THENCE S 01032'35" W, 138.83 feet;
THENCE S 03056'49" W, 63.28 feet;
THENCE S 20040'36" W, 64.06 feet;
THENCE S 34°31'32" W, 64.92 feet;
THENCE S 56029'24" W, 66.49 feet;
THENCE S 55°11'09" W, 70.72 feet;
THENCE S 3300712" E, 131.90 feet;
THENCE S 36016'47" E, 50.00 feet;
THENCE S 53043'13" W, 1.72 feet;
THENCE S 36016'47" E, 163.61 feet to the beginning of a curve to the right;
THENCE with said curve to the right, an arc distance of 61.57 feet, through an angle of
05002'21", having a radius of 700.00 feet, and a long chord which bears S 56044'35" W, 61.55
feet;
THENCE S 59001'02" W, 294.65 feet;
THENCE S 89021'12" W, 420.50 feet;
THENCE S O1°31'10" E, 184.67 feet to the POINT OF BEGINNING and containing 4,015,625
square feet or 92.186 acres of land, more or less.
"This document was prepared under 22 TAC 663.21, does not reflect the results of an on the
ground
survey, and is not to be used to convey or establish interests in real property except those rights
and
interests implied or established by the creation or reconfiguration of the boundary of the political
subdivision for which it was prepared."
EXHIBIT D — MAP OF IMPROVEMENT AREA #1 & MAJOR IMPROVEMENT AREA
RMM^"# OVEM ENI AFO➢ EBh'V
Mx1PUIOR IM,PIR.OVEML6'Y1 ARE4
dII9l PELOTON
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EXHIBIT O - MAPS OF IMPROVEMENT AREA #1 IMPROVEMENTS
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