HomeMy WebLinkAboutRes 2019-07-590 SIA 7th Amendment Anna Crossing (2)11 e,5 jc► 9 o,�-5-gt)
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A SEVENTH AGREEMENT AMENDING A
SUBDIVISION IMPROVEMENT AGREEMENT WITH ANNA TOWN CENTER NO.1/BRGT, LTD., ANNA
TOWN CENTER NO.2/BRTO, LTD., ANNA TOWN CENTER NO.3/WARN, LTD., ANNA TOWN CENTER NO.
4/SHRP, LTD., ANNA TOWN CENTER NO. S/HSLT, LTD., ANNA TOWN CENTER NO.6/LNRD, LTD., ANNA
TOWN CENTER NO.7/LNRD, LLC, 40 PGE, LTD., ANNA CROSSING 40 PGE, LTD., ANNA TOWN CENTER
NO.8/CTS, LTD. (COLLECTIVELY, "OWNER"), AND ANNA CROSSING, AMC, LTD. ("PAYEE").
WHEREAS, on March 20, 2014, the Parties previously entered into a Subdivision Improvement Agreement
("SIA") related to the Development of the Property; and,
WHEREAS, on September 11, 2014, the Parties entered into a First Agreement Amending Subdivision
Improvement Agreement; and,
WHEREAS, on November 19, 2014, the Parties entered into a Second Agreement Amending Subdivision
Improvement Agreement; and,
WHEREAS, on April 22, 2015, the Parties entered into a Third Agreement Amending Subdivision
Improvement Agreement; and,
WHEREAS, on September 14, 2015, the Parties entered into a Fourth Agreement Amending Subdivision
Improvement Agreement; and,
WHEREAS, on May 10, 2016, City and Payee entered into a Fifth Agreement Amending Subdivision
Improvement Agreement; and,
WHEREAS, on January 17, 2017, the Parties entered into a Sixth Agreement Amending Subdivision
Improvement Agreement; and,
WHEREAS, the Parties now desire to amend Owner's obligation under the SIA to pay the Roadway Capital
Improvement Fee, water impact fees and sanitary sewer impact fees, and to clarify the requirements for
certain building materials for the Development; and,
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 A Seventh Amendment Amending a Subdivision Improvement Agreement
The City Council hereby approves the Seventh Amendment Amending a Subdivision Improvement
Agreement with Anna Town Center No.1/BRGT, Ltd., Anna Town Center No. 2/BRTO, Ltd., Anna Town
Center No. 3/WARN, Ltd., Anna Town Center No. 4/SHRP, Ltd., Anna Town Center No. 5/HSLT, Ltd., Anna
Town Center No. 6/LNRD, Ltd., Anna Town Center No. 7/LNRD, LLC, 40 PGE, Ltd., Anna Crossing 40 PGE,
Ltd., Anna Town Center No. 8/CTS, Ltd. (collectively, "Owner"), and Anna Crossing, AMC, Ltd. ("Payee"),
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 23rd day of July 2019.
APPROVED:
ATTEST:
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SEVENTH AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT
This Seventh Agreement Amending Subdivision Improvement Agreement (this "Seventh Amendment") is
entered into effective as of July 23, 2019 (the "Effective Date") between and among the City of Anna,
Texas (the "City") and Anna Town Center No. I/BRGT, Ltd., Anna Town Center No. 2/13RTO, Ltd., Anna
Town Center No. 3/WARN, Ltd., Anna Town Center No. 4/SHRP, Ltd., Anna Town Center No. 5/HSLT,
Ltd., Anna Town Center No. 6/LNRD, Ltd., Anna Town Center No. 7/LNRD, LLC, 40 PGE, Ltd., Anna
Crossing 40 PGE, Ltd., Anna Town Center No. 8/CTS, Ltd. (collectively, "Owner"), and Anna Crossing
AMC, Ltd. ("Payee"), as follows:
WHEREAS, Owner, Payee and the City are sometimes collectively referenced in this Seventh Amendment
as the "Parties"; and,
WHEREAS, on March 20, 2014, the Parties previously entered into a Subdivision Improvement
Agreement ("SIA") related to the Development of the Property; and,
WHEREAS, on September 11, 2014, the Parties entered into a First Agreement Amending Subdivision
Improvement Agreement; and,
WHEREAS, on November 19, 2014, the Parties entered into a Second Agreement Amending Subdivision
Improvement Agreement; and,
WHEREAS, on April 22, 2015, the Parties entered into a Third Agreement Amending Subdivision
Improvement Agreement; and,
WHEREAS, on September 14, 2015, the Parties entered into a Fourth Agreement Amending Subdivision
Improvement Agreement; and,
WHEREAS, on May 10, 2016, City and Payee entered into a Fifth Agreement Amending Subdivision
Improvement Agreement; and,
WHEREAS, on January 17, 2017, the Parties entered into a Sixth Agreement Amending Subdivision
Improvement Agreement; and,
WHEREAS, the Parties now desire to amend Owner's obligation under the SIA to pay the Roadway
Capital Improvement Fee, water impact fees and sanitary sewer impact fees, and to clarify the requirements
for certain building materials for the Development; and,
WHEREAS, the capitalized terms used in this Seventh Amendment are as defined in the SIA unless
expressly set forth to the contrary herein; and,
WHEREAS, it is the Parties' mutual intent that this Seventh Amendment shall govern only the subject
matter specifically set forth herein and shall supersede any previous agreement between the Parties and
City Regulations only to the extent that any such agreements or City Regulations directly conflict with the
terms of this Seventh Amendment; and,
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as
follows, effective as of and following (but not prior to) the Effective Date, and only with respect to land
which has not been developed as of the Effective Date:
SEVENTH AMENDMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT— Page I
4849-1809-6026v.2
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 Seventh Amendment and said recitals constitute representations by Owner, Payee and the City.
SECTION 2 REPLACEMENT OF EXHIBIT A
Exhibit A to the SIA is hereby deleted in its entirety and replaced with Exhibit A attached to this Seventh
Amendment.
SECTION 3 AMENDMENTS TO SECTION 4
Section 4(b)(3)(iii)(I) of the SIA is hereby amended to read as follows:
Reimbursement of 100% of the sanitary sewer impact fees collected for Phase I of the Project
Lift Station and Project Force Main up to a maximum reimbursable amount of $250,000; and
thereafter Reimbursement of 25% of the sanitary sewer impact fees collected up to a total
maximum reimbursable amount of $750,000 for the Project Lift Station and Project Force Main
constructed by Owner and accepted by the City within fifteen (15) years of the Effective Date
(which is March 20, 2029).
Section 4 of the SIA is hereby amended to add paragraph (a)(3):
(3) Owner agrees to pay or require the builders to pay City a sanitary sewer impact fee, which shall
be the lesser of: (1) $3,200 per service unit equivalent; or (2) an amount equal to any applicable
sanitary sewer impact fee subsequently adopted by the City. Owner shall not be obligated to pay
both the sanitary sewer impact fee required pursuant to this Agreement and a separate sanitary
sewer impact fee adopted by the City. The sanitary sewer impact fee shall be paid when each
building permit is issued.
SECTION 4 AMENDMENT TO SECTION 5
Section 5 of the SIA is hereby amended to add paragraph (a)(5):
(5) Owner agrees to pay or require the builders to pay City a water impact fee, which shall be the
lesser of: (1) $3,200 per service unit equivalent; or (2) an amount equal to any applicable water
impact fee subsequently adopted by the City. Owner shall not be obligated to pay both the water
impact fee required pursuant to this Agreement and a separate water impact fee adopted by the
City. The water impact fee shall be paid when each building permit is issued.
SECTION 5 AMENDMENTS TO SECTION 6
Section 6(b)(2)(ii) of the SIA is hereby amended to read as follows:
Except as outlined in paragraph (2)(iii) below, Reimbursable Costs of the Future Roadway
Facilities include engineering, design, and construction costs necessary for Future Roadway
Facilities in excess of two lanes of each roadway included in Exhibit F that are constructed by the
Owner and accepted by the City within fifteen (15) years of the Effective Date of this Agreement,
(which is March 20, 2029).
SEVENTH AMENDMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT— Page 2
Section 6 paragraph (a)(3) of the SIA is hereby deleted in its entirety and replaced with the following:
(3) Owner agrees to pay or require the builders to pay City a Road Capital Improvement Fee, which
shall be the lesser of: (1) $1,849 per living unit for single family and duplex developments, $1,146
per living unit for multi -family developments, $5,486 per 1,000 SF of gross floor area for
commercial/retail developments, $8,304 per 1,000 SF of gross floor area for restaurant
developments, $2,755 per 1,000 SF of gross floor area for medical/office developments, $715 per
1,000 SF of gross floor area for institutional developments and $715 per 1,000 SF of gross floor
area for all other types of land use; or (2) an amount equal to any applicable roadway impact fee
subsequently adopted by the City. As to any given living unit or as to any given 1,000 SF of gross
floor area for all other types of land use, Owner shall not be obligated to pay both the Road Capital
Improvement Fee and a roadway impact fee adopted by the City. The Road Capital Improvements
Fee shall be paid when each building permit is issued.
SECTION 6 AMENDMENT TO SECTION 11
Section I 1 of the SIA is hereby amended to add paragraph (o):
(o) Building Materials. Owner agrees to comply or to cause the builders to comply with the masonry
building material requirements and all other requirements set forth in the following zoning
ordinances applicable to portions of the Property:
a. Ordinance No. 129-2004, passed and approved by the City Council of the City on February
24, 2004, as amended by Ordinance No. 627-2013, passed and approved by the City
Council of the City on July 30, 2013, as amended by Ordinance No. 755-2018, passed and
approved by the City Council of the City on June 12, 2018; and
b. Ordinance No. 236-2005, passed and approved by the City Council of the City on
November 1. 2005.
SECTION 7 AGREEMENT REGARDING PRIOR COLLECTIONS
The parties acknowledge that the City may not have collected from builders the full amount of impact fees
that it could have collected from builders based on increases in the amount of such impact fees charged to
builders ("Fee Increases") and as a result, as of the Effective Date, the total amount of reimbursements that
would have been paid to Payee if the City had collected such Fee Increases has not been paid. Owner and
Payee waive and release any claims they may have against the City as a result of the City's failure to collect
the Fee Increases prior to the Effective Date; however, such waiver and release shall not affect or limit the
total amount of reimbursements payable to Payee pursuant to the SIA, nor the City's responsibility with
respect to the collection and payment of impact fees to Payee following the Effective Date.
SECTION 8 CONFLICTS AND EFFECTIVE DATE
To the extent of any conflict between this Seventh Amendment and the SIA, this Seventh Amendment shall
govern and shall run with the land. The Effective Date of this Seventh Amendment is the date that the last
of the Parties' signatures to this Seventh Amendment is fully and properly affixed to this Seventh
Amendment and acknowledged by a public notary. The City's duties and obligations hereunder shall not
arise unless and until the City Council has duly adopted this Seventh Amendment and Owner and Payee
have duly executed same.
SEVENTH AMENDMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT- Pagc 3
[SIGNATURE PAGES FOLLOW, REMAINDER OF THIS PAGE
INTENTIONALLY LEFT BLANK]
SEVENTH AMENDMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT — Page 4
Owner:
Anna Town Center No. 1/BRGT, Ltd.,
a Texas Limited Partnership
By: Anna Town Center No. 1/BRGT GP Corporation,
a Texas corporation, Its General Partner
By:
�v- ��✓
Adam J. Kuczek, Authqrfzed Signer
IN WITNESS WHEREOF:
STATE OF TEXAS
COUNTY OF DALLAS
/�A
Before me, the undersigned notary public, on the - day of "To -J- , 2019, personally
appeared Adam J. Buczek, 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 Authorized
Signer of Anna Town Center No. 1/BRGT GP Corporation, in its capacity as general partner for Anna
Town Center No. I/BRGT, Ltd.
pa u,q pA pIDIA SNYDER No ar Pu tate of Texas
J�:��•Y PU Gii
_moo;• ¢Notary P01lc, State of Taxes Y
3ua: :"E Comm. Expires 06.30-2023
�...�7F Notary ID 128660037
SEVENTH AMENDMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT — Signature Page
4849-1809-6026v.2
Owner:
Anna Town Center No. 2/BRTO, Ltd.,
a Texas Limited Partnership
By: Anna Town Center No. 2/BRTO GP Corporation,
a Texas corporation, Its General Partner
By:
Adam J. Bu ek, Author49��
ize Stgr er
IN WITNESS WHEREOF:
STATE OF TEXAS
COUNTY OF DALLAS
Before me, the undersigned notary public, on the / 7 day of rL) LY , 2019, appeared Adam
J. Buczek, 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 Authorized Signer of
Anna Town Center No. 2/BRTO GP Corporation, in its capacity as general partner for Anna Town Center
No. 2/BRTO, Ltd.
\\\EYP /�� PATRICIA SNYDER
°�1,c Notery Public, State of Texas Notary Public, State of Texas
i Comm. Expires 06-30.2023
°'�.';;� �\`;\\\° Notary ID 128660037
SEVENTH AMENDMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT— Signature Page
4849-1809-6026v.2
Owner:
Anna Town Center No. 3/WARN, Ltd.,
a Texas Limited Partnership
By: Anna Town Center No. 3/WARN GP Corporation,
a Texas corporation, Its General Partner
By, w
Adam J. B czek, Authoriz d Si nV
IN WITNESS WHEREOF:
STATE OF TEXAS
COUNTY OF DALLAS
Before me, the undersigned notary public, on the �7 ay of `;kyr 2019, appeared Adam
J. Buczek, 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 Authorized Signer of
Anna Town Center No. 3/WARN GP Corporation, in its capacity as general partner for Anna Town Center
No. 3/WARN, Ltd.
a%Vuua PATRICIA SNYDER ta�ry Public, _
State ofTexas
��4PpY '&'"' —
P� ""G No
_moo: °�,� Notary Public, State of Texas
9*feE Comm. Expires Oe -30.2023
Notary ID 128860037
SEVENTH AMENDMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT— Signature Page
4849-1809-6026v.2
Owner:
Anna Town Center No. 4/SHRP, Ltd.,
a Texas Limited Partnership
By: Anna Town Center No. 4/SHRP GP Corporation,
a Texas corporation, Its General Partner
By:
Adam J. B Kek, Authorized S gra r
IN WITNESS WHEREOF:
STATE OF TEXAS
COUNTY OF DALLAS § A
Before me, the undersigned notary public, on the / z day of � 2019, appeared Adam
J. Buczek, 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 Authorized Signer of
Anna Town Center No. 4/SHRP GP Corporation, in its capacity as general partner for Anna Town Center
No. 4/SHRP, Ltd.
EM
pATRICIA SNYDER Notary Public, State of Texas
Notary Public, State of TaxasComm. Expires OB-30-2023� Notary ID 128fi80037
SEVENTH AMENDMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT — Signature Page
4849-1809-6026v.2
Owner:
Anna Town Center No. 5/HSLT, Ltd.,
a Texas Limited Partnership
By: Anna Town Center No. 5/HSLT GP Corporation,
a Texas corporation, Its General Partner pas,
By: L oG `l�`'L �(J
Adam J. Bu V,
Authorized Signe
IN WITNESS WHEREOF:
STATE OF TEXAS
COUNTY OF DALLAS
L
Before me, the undersigned notary public, on the �7 day of �l v K 2019, appeared Adam
J. Buczek, 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 Authorized Signer of
Anna Town Center No. 5/HSLT GP Corporation, in its capacity as general partner for Anna Town Center
No. 5/HSLT, Ltd.
;'p'!�� PATRICIA SNYDER Notary Public, State of Texas
CSPP... ;&AV4�
NOtary Public, State of Texas
'%°;.•`Q Comm. Expires 06-30.2023
Notary ID 126660037
un
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SEVENTH AMENDMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT — Signature Page
4849-1809-6026v.2
Owner:
Anna Town Center No. 6/LNRD, Ltd.,
a Texas Limited Partnership
By: Anna Town Center No. 6/LNRD GP Corporation,
a Texas corporation, Its General Partner
By:
Adam J. Bu k, Authorized i ner
IN WITNESS WHEREOF:
STATE OF TEXAS
COUNTY OF DALLAS §
Before me, the undersigned notary public, on the day of 170 2019, appeared Adam
J. Buczek, 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 Authorized Signer of
Anna Town Center No. 6/LNRD GP Corporation, in its capacity as general partner for Anna Town Center
No. 6/LNRD, Ltd.
PATRICIA SNYDER ..��i
lotery 90110'
Stete of
Comm, m'
06 2.30.2023 Notary Public, State of Texas
n���uv ID 18860037
SEVENTH AMENDMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT— Signature Page
4849-1809-6026v.2
Owner:
Anna Town Center No. 7/LNRD, LLC,
a Texas limited liability company
By: Skorburg ATC No. 7/LNRD, Ltd.,
a Texas Limited Partnership
By: Skorburg ATC No. 7/LNRD GP Corporation,
a Texas corporation, its General Partner
By:�4( - P- ,
Adam J. Buc e , Authorized S' n
IN WITNESS WHEREOF:
STATE OF TEXAS
COUNTY OF DALLAS §
Before me, the undersigned notary public, on the / 7 day of 'j U LI
V
, 2019, appeared Adam
J. Buczek, 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 Authorized Signer of
Skorburg ATC No. 7/LNRD GP Corporation, in its capacity as general partner for Skorburg ATC
No. 7/LNRD, Ltd., in its capacity as managing member of Anna Town Center No. 7/LNRD, LLC.
PAYDER Notary Public, State of Texas
ioterV Public, State of 2023
Comm, ExPirea 08.30•
,naA80031
SEVENTH AMENDMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT - Signature Page
4849-1809-6026v.2
Owner:
40 PGE, Ltd.,
a Texas Limited Partnership
By: 40 PGE GP Corporation,
a Texas Corporation, its General Partner
By:Z2
Adam J. ek, Authorized Sigr er
IN WITNESS WHEREOF:
STATE OF TEXAS
COUNTY OF DALLAS §
v
Before me, the undersigned notary public, on the 1Z day of �Lf 2019, appeared Adam
J. Buczek, 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 Authorized Signer of 40
PGE GP Corporation, in its capacity as general partner for 40 PGE, Ltd.
Q�� 69n��—
F1Ypl,PATRICIA SNYDER
Notary Public, State of Texas
0.��, Notary Public. State 0' Texas
mm. Ext 1 060.2
023
9y;•.�1�� Co
Notary ID 12886600377
Wrenll��� -
SEVENTH AMENDMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT — Signature Page
4849-1809-6026v.2
Owner:
Anna Crossing 40 PGE, Ltd.,
a Texas Limited Partnership
By: Anna Crossing 40 PGE GP Corporation,
a Texas Corporation, its General Partner
By:
Adam J. Buc e , Authorized Sigt e
IN WITNESS WHEREOF:
STATE OF TEXAS
COUNTY OF DALLAS §
Before me, the undersigned notary public, on the day of 0-'L)LI 2019, appeared Adam
J. Buczek, 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 Authorized Signer of
Anna Crossing 40 PGE GP Corporation, in its capacity as general partner for Anna Crossing 40 PGE, Ltd.
PATRICIAS ete0o17exas
10tsry
Public, NNo ary Public, State of Texas
Comm. ExPlres 06-30-2023
.��rnry 10 128880037
SEVENTH AMENDMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT — Signature Page
4849-1809-6026v.2
Owner:
Anna Town Center No. 8/CTS, Ltd.
a Texas Limited Partnership
By: Anna Town Center No. 8/CTS GP Corporation,
a Texas Corporation, its General Partner
By:
Adam J. Buc e , Authorized Si r
IN WITNESS WHEREOF:
STATE OF TEXAS
COUNTY OF DALLAS
Before me, the undersigned notary public, on the day of , 2019, appeared Adam
J. Buczek, 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 Authorized Signer of
Anna Town Center No 8/CTS GP Corporation, in its capacity as general partner for Anna Town Center
No. 8/CTS, Ltd.
777 YDEfR Texas
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128880037 Not Public, State of Texas Ll
SEVENTH AMENDMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT — Signature Page
4849-1809-6026v.2
Payee:
ANNA CROSSING AMC, LTD., a Texas limited partnership
By: WINDSOR HOMES ISAAC COVE LLC, a Texas limited liability company, its General Partner
�f 7,/ �J
By: %f �
Adam J. Buc Authorized Sign r �
IN WITNESS WHEREOF:
STATE OF TEXAS
COUNTY OF DALLAS §
Before me, the undersigned notary public, on the /7� ay of tJL� 2019, appeared Adam
J. Buczek, 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 Authorized Signer of
Windsor Homes Isaac Cove LLC, in its capacity as general partner for Anna Cr ing AMC, Ltd,
=="
TRICIASNYDER No ry Public, State of Texasublic, Stete of Texes. Expires 06.30-2023ry ID 128080037
SEVENTH AMENDMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT — Signature Page
4849-1809-6026v.2
CITY
Jim/Prkce, City Manager
IN WITNESS WHEREOF:
STATE OF TEXAS
COUNTY OF DALLAS
Before me, the undersigned notary public, on the Aad day of% 2019, appeared Jim
Proce, known to me (or proved to me) to be the person whose amebed 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.
.>�o}r+,RSL Notary Public, State of Texas
IWMyNMeryIDa11419W4
SEVENTH AMENDMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT
4849-1809-6026v.2
Exhibit A
Property
(See attached)
SEVENTH AMENDMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT
4849-1809-6026v.2
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SEVENTH AMENDMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT
4849-1809-6026v.2
LEGAL DI2SCRJI'TION
TRACT I
BEFNG, a lrnct of land out of tho Grandlson Stock, Abstract No. 798, and being pact of a 238,614
aoro (ract, its recorded In Vol, 4942, Pg. 511, A 40.001 acre tract, as described Ia Document No,
200704090f)(472400, a 43.67 acro tract, its dosodbod Iii Volumo 5717, Pago, 2431, a 23,80 acro
tract, as dcsoalbed in Dcounrcut No, 20070208000183560, it 40,00 acre Intel, its described in
Votume 5622, Pogo 1863, a 129,92 acre tract, as duserlbod In Volume 5631, Pago 2600, and it
40,5746 acre tract, as deserlbod in Volum®56'18,Pop 2,878 In the Deed Records ofCollin
County, Texas, and being more particularly described as follows;
BEGINNING, tit a.5/8 Inch Iron rod found at the most northerly nor9hoast cofnor of said 40,001
acre tract, bolug the west line of Wildwood Farms Addition, as addition to the City of Anna, as
donorIbcd Lk Vol. G, 13g.746, in tho flat Itmordn of Collin County, Texas;
THENCE, South 01018'33" Wost, along tho chit lite of said 40,001 acro traot and the west lino
of said Wildwood Biutus Addition, for a distanct) of 736,06 feet, to a5/8 hioli Iron rod found td:
tato southwest cornor of sidd Aylldwood Forms Addition and biting an hiterlor oil comer of sold
40.001 new tract;
TIIBNCE, South 88134'06" Most, along the north lite of said 40,001 note tract and tho south Iiia
of said Wildwood Farms Addition, for it thstauce of 19.3450 feet, to a.5/8 inch Ironrod found at
the northoast corner of sold 40.001 acre tenet;
THENCE, South 01') P46" Wost, departing the noutit lino of sald Wildwood Farms Addition
and along tho oast lino of sold 40,001 acre tract, toy a distance of 1223,20 feet, to it 518 Inch Iron
rod Found at tho sonllseast Corner of said 40,001 pore track anid being the noAlienst corner of said
43,67 acro trace
TRENCR, South 01'38'19" West, along the oast line of said 43,67 ware, haat, for it distance of
668,88 foot, to n t/z Inch inn rud found In (he nodi line of La Palornw, an addition to tho City of
Anna, as dosoribed in Vol. C, Pago 418 In sold NO Records;
THENCE, Notch 89°31'01" Wort, along tho south lino of Bald 41.67 acre (:tact and along tit-,
north line of said Lo. Paloma, for a distance of 2100,92 foot, to it point for cornor at the northwest
corner of'sold Lit Paloma and being tiro nottlrunst cornor of sold 129,92 Acro tract;
THENCE, South 01°13'48" Rest, along tho west line of Bald Lit Paloma and the cast line of suid
129,92 acro Unct, for it dintanoe of:1527,8t9 feet, to it tJ/i Melt Iron rod found at tiro southeast
oornor of said 12992 acre tract;
THHNCK North 87003'41" West, departing tho west lino of said Ln Paloma and along the south
line of said 129,92 note tract, for a distance of 15,88 feet, to it Vi ineh iron rod found;
TfIpNCE' North 89,20,19" West, along tho south line of sold 129,92 feet, for a distance of
1884,06 feet, to it a'A inch Iron trod found;
TG t ora
SEVENTH AMENDMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT
4849-1809-6026v.2
'fI-fRNCR, No) Ili 01°40'03" Rust, continuing along said soulh ihto, for n distance 0.l' 18,35 foot, to
it calculated point for corner;
T.PENCE, Nordi 88019'57" WeA, continuing along said south llncti for a distance of 952,27 fret,
to a calculated polat for corner;
THENCR, 8oatli 01"17'2.2" Wost, doparting said south Eno, for it distance of 1337.42 feet, to it
rA luolt,iron rod found tit (ho. southenstcornor of acid 40,5756 acro tract;
TIIBNCE, North 88014'55" Wool, along the south lino of sold 40,5750 noro tract, for a di, tonco
of 669,97 feet, to a calculated pointfor cornor;
THENCE, North 88`13"09" West, continuing along Enid south lino, for' it distance of 391,49 feet,
to a V� larch lion rod found;
THENCE, North 88°12'02" Wast, continuing., along said south line, for a distimco of 336,73 feet,
to it $1A inch iron rod found nt the southwest corner of said 40,57,56 aom tract;
THENCE, North 00'54'13" Bast, along the west Jim of sald 40.5756 acre twot, for it distance of
1335,10 feet, to a calculated point for cornor in tiro south Jinn of said 129,92 sore tract;
'171IENCE, North 88"19'57" West, along the south lino of said 129.92 acre tract; for it distance of
853.62 fact, to a oalctdated point for corner at tiro southwest Connor of said 129,92 acro tract;
THExNCB, North 19°48'29" Bast, along the wast line of said 129.92 core• tract, for a dlstnncw of
2487.,75 feet, to it calculotod polnt for corner at tho northwest cornev of said 40,00 acro tract saute
basing tho souduvest corner of snld 298.614 acre tract;
TIIENCE, North 19"49'p4" Mist, Motif; the west line of said 2 8,614 ttor•e. tlact, for it distance of
787,79 feet, to a Calculatoal point for cornea � at pro point of ourvature, of it Curve, to the loft, having
a radius of 2914.83 foot, a control angle of 17'50'12", and it tangent of 457.40 foot;
TIMNC9, continuing along said wost 11110. and w1th satd curve to the left for ant arc dtatance of
907A1 feel (Chord Boarlog'North 10"53'58" hast— 903.75 feet), to a caloulatod point for coater;
T11ENCH, North 01"°ti8'52" Past, conlhudng along said west lino, for a distance, of 1803 feet,
to a culculatod pointfor cornor at tho northwust corner of Bald 298,614 acro trait;
THBNCE, ,South 88"42' 15" Ritst, along tho tiosth Ihro of said MAW W sore (raet, for it dighmeo of
1359.79 feat, to tt 4"xA" ecmorelo rnouamonC found;
1'1113NCI3, Sooth 881S2,10" Bast, eorttintdag along said mi lit line, for it distmee of 661..91 foot,
to it 4"x4" concr®to montimettfound;
7(' ?. vl✓ s
SEVENTH AMENDMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT
4849-1809-6026v.2
TBENCH, Solid) A8ag6'90" tef, oonllnning a101)98111(1 110AII IIno, for a dist11uoe of 1.1,012 feet,
to 85/8 1110,1111,011 rod found;
TYI13 M Sou Ili 88411"31" Mist, oonllnld)Ig thong 1n1d1100111ble, for a distanoo of 1556,75 feet,
I o the POINT OF I31E3IIVNINCI Rud containing 569,397 acres of lend.
�G%ro�3
SEVENTH AMENDMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT
4849-1809-6026v.2
IX0AI. IIRSCRIPTION
TRACT2
Irutaa olxl Naaado 0iurafpll4n
24,27 Auoo
9111IAID) 61 Die .data of Ib%,ry Ctaridy at Collin Imhti(,oil of the 010111f i:an Stalk Smvy' hbtdtuwrt Ma. MI. beN1g Ilya tet of o
:(0.60 oora tont( If as r000rdo11 under C'oamty Mill Iii, UO—,1Utl01S1 of iho Colo Conray Will�fraorda with Cotd proldlaoe bvilno oe0ra
poltlotnlarV/ tbmI01a4 offfallOww
Iitit'lhiklfi al a IIIIII( of r,p&o (041111 mldhlng (141 falera6nllul of IN rl(gNo't0ulla ad,RJlo of Wilily Road 422 rills Iho Noll
rldhl—of�way flat of &lino Illyhrray No. 6, oold mom Wrij (ha OaVltloasl 001110 of 1110 WAR dodonbod proration and Uro r.Afihaas(
conml of it 1100 nnfo triol ne roP<udtxl In \41(oraci 640 I'd �au; 741 of Ilia tloigo Cot u:fy Lntal Recardit;
11111101"11111101"wall (161 0lyfoavlullo mhidl0 of CaantY NOW Ito nruUl lido al eolJ plNnlraeU Rod Ilio nalfh� 11114 of moil l (will
Iflot, IYoot, 741 00 toot �0 o rollrt`nd 6plf.9 sal at oho opproz(nuita 00140di IRIONiodon of County hood 422 With County Nood '14
rnrukhlpp the roullnvasS 011110 a( 011,1 IRooRPA, Ilia 110111110"I wm�a of cold 9.06 ael6 Iriat, wild b[Inq In Hoe 61101. Ilom of Iluoul'n
I1.'/UJO olio had;
IfletfC% Rill) 1110 optInafmnra n1(ddla of 0mmty Railel des folan6 1110 want Ihm at card prom(<on, (110ttoal 11110 of mild 'sill =o naso
irmt, Wild filo 601 1106 0 mavar0l 0m07 tronle of load, f7orill 00'87763" Call, polling ill 210.7% foal it g—Ilit l Iran rod (pend, po90140
of 446.61 tool o v •tied Iron r0J fovad, po0@attl of 0,16.03 1041 v �—tool turn nod (cuutf, pUirinp of 730.111 Toot a Y'—[I frail 10
1om,,L poanh,o n( 610,76. folol o (-kvrb hon 101 talnd, p oollig (It 070,00 fe0h a I"K. Roll latent nittillng oho lotaw sollon of Nil ofy
hood Itiv0 ( 01110 rival), p1why or IIID 01 (cal v p.f;, fall fount, and wilitilnd fol o lo(d fl of 110.130 pat to a 1vilrotot
006,0 N;1 In01IJ141 Iia hal(II'nni0l on, at of will 14nn16er Anil Iho 0040eaoot Co 1161 of n 1.21 nal( lr(ot 410 r4cordad lodor C:Puaty C4arh
Nu, A4�U1IIA61 of Ila Clillm Go, Ply Lunt I(twca hi;
fI;W'K with iho Rnt,h IWea of Poll powf6na 4611 the 110(@1 itin of o0fd L2l (oro Ir 1, IIIAII tin.51m, Cavl, pnuulNq lit 210.Z1
foot a bHrah fano rod fu;md hfhllvog Iho molwo0t coma of et4d 1,21 vcro Will and Iho "litbwu0t con4r of a 0,04 Acro tract (bolral
film onrl11Hly pdirrid of a 6,16 (oto hdol (r0 ltno(dad fon Whllna 816, pad pfilf at Ilio pallm !`aunty Lurid h0uul(JR) top a lotol 4lsthrnae
of 010.76 (dol to o CCA eappod poll cal Aral In (Ire aril rl4hb-of—nay Ileo of Stnto HIAu•Roy th 5 11wilka} Iho aoethowl cclnm of
aa[d 601 amo pool Plod Hw dollhoral corme of form plerilsno;
THFtliX Mit, lint nd0foly illi of (olid pfR11111w Pilo (ba vrootely Ilght—ol,tnay Ide of SI(to Ionia, Ill Ii ti( fr9ows: 34111111
nP6'I',19" VIA, 120.22 kill to o li000no coppmf X -drill, 11-611 fell vet mmhlng IN lPolurinq of e ours bo flip, dglit 3notwitaioily demo
0'141 till Will a cool d aagl0 of 14'3(0( null 0 1011109 of )?W12 toot, for on Pro diftoeao of 000.42 loel icbord R kulh,
10'09 10" 4ieol 95D 114 10v0 to it 11vam0 to mal `h -111th lion lad til fral -�0 Ulq prat of end 07 ova, roil 10,09 1 'Woof, I I I ff0 fool
to 1110 p(4nl ai L6r96minq and omtlololrlq 1,053,J'J agdew font of 94.21 weir 0f hln,l
SEVENTH AMENDMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT
4849-1809-6026v.2
LEGAL DCSCAIRTION
TRACT 3
t.f:0A1.. I1)LSCn1PTION
1,70,160 0W. I'I', I W0044 A010--8
O o 311,wm 1Mo Irncl of Innd ellutdod In Ilio OR A018011 OTARK Sl1RVf Y, A081110,T NO, 7vi, Pollh
y,'I'ax0a a,ud Imine per( of tf)ifl (o01od 174.114 acro Imcl of Irmo 0onvoyod by 00od la 11. S, Wyeonp, daWd Juno
167, r000rctad fit Vorume)144, Pngo 741", 0000 norfoodii, Cailln Oounly,1'ORaS (DA'C.U,T,) aruf bolno Moro
tdody do nrlbad 1s tallows:
C0fNNIIq(,) a( 1'112" Iron rod fouled for oomor In the soulir0anlYUILE-ut•vrayIhul of Iho Union petno RoYfund
I.P.11m,) (e 100' R.O.W) fill bohio tai Iiia 00nlor of Gowdy 000 421 and bolnp Iho soutltiuroil nontor of 400
),00,14 Toro treclotirlid;
IfdNf;H Id '18 doe, O0 m1b. 00 nob. G, olor g din &Q1dhomt ilght-of-vloy Ono orUJ5:I7J2„ coo a ftoo nd imam (oo(
a W Iron rod found for nouior and bring Uio eortilmost oornor of a Wrad Mg If noro b -not of fond oolfaoyod )>y
lad to'foimily Uunninp6ram, r000rde(I In Voftenn 41162, f0ogo 84W0, 0A,0.0,7
Imot: 6 60 dno, GO min Sp soon I;, ofong Ute multi Ibio of Nnld'IN.291 wart (01611 of food and sdso a1N10 the WIN
io of it 10,211 lcao trim of W(1 oomoyed by dood to CooN 0. Cunnlnohon), (acautad In Volume 402, P600 0934,
R,C.C; f., e dlslenoe of 1,37603 foo(to as 1/2' iron rod foubd for oarnov aml Whip Iho aoulllelat WO of of uokl
of 0. (huIllnulioM hoot of land and boinu In tho wosl Otto of a cralled 90,164 ooro frnnl of 11rt0 00nvoy01 Iry dand
Allah Frr+riir, r000rllod In Counly OI0116 Cllo foo. 0-00W0,01, D,fi.0 O,T,:
ICNCN 1100 dap, 44 mill. 88 sots, ti, elolp Iltn Wnat Ono of Will 10,104 f+N@ hot of Irked, n <IlaNnor 011,1'113"44
4 to (I 112' Iron I o d not rot oomor and bolNJ In Iba oontor of Coliniv Itaitl421, [sed Mso being Iho aorwlvara9l0nrner
olid 10,1134 acre treat of frnsd;
;ft hl 0 dog, 44 ndn, 00 foo, W, efong flim comer of onld CoInq Poofd4$'1, o dislolwo of 1,754.4 loot to lho
()F B0G IhIPfl1113 fltd confafnlno 1,742,1160 sq. fl. al. 30,404", aurae of N114
SEVENTH AMENDMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT
4849-1809-6026v.2
Tract 4 — Survey and Legal Description
L rLMaL«Ross„ R,>AD-
4,W6 ACHES
♦ _
OR 177X6 WJAREHU
3
:n iAmFli ltx
3
is
mi's-
fl
�Px.�a»v
l
li
/
rr
L rLMaL«Ross„ R,>AD-
4,W6 ACHES
♦ _
OR 177X6 WJAREHU
3
:n iAmFli ltx
3
is
mi's-
fl
�Px.�a»v
BEING 4.086 acres (177,976 square feet) of land in the Granderson Stark Survey, Abstract No. 798, City
of Anna, Collin County, Texas; said 4.086 acres (177,976 square feet) of land being a portion of that certain
tract of land described in a Special Warranty Deed to Anna Town Center No. 8/CTS, Ltd. (hereinafter
referred to as Anna Town Center No. 8 tract), as recorded in Instrument Number 20141203001315490,
Official Public Records, Collin County, Texas (O.P.R.C.C.T.); said 4.086 acres (177,976 square feet) of
land being more particularly described, by metes and bounds, as follows:
BEGINNING at a mag nail found for the Southeast corner of said Anna Town Center No. 8 tract, same
being the Southwest corner of that certain tract land described in a Deed of Trust to Louis C. Miller
(hereinafter referred to as Miller tract), as recorded in 19930204000086770, O.P.R.C.C.T., same being the
North line of that certain tract of land described in a Special Warranty Deed with Vendor's Lien to Anna
Highway 5, LLC (hereinafter referred to as Anna Highway 5 tract), as recorded in Instrument Number
20121228001650300, O.P.R.C.C.T., same being the South line of said Granderson Stark Survey, same
being the North line of David E W Babb Survey, Abstract Number 33, same also being in East Foster
Crossing Road, also known as County Road 421;
SEVENTH AMENDMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT
4849-1809-6026v.2
THENCE North 89 degrees I I minutes 34 seconds West with the common line between said Anna Town
Center No. 8 tract and said Anna Highway 5 tract, and with the common line between said Granderson
Stark Survey and said David E W Babb Survey, and along said East Foster Crossing Road, a distance of
333.98 feet to a five-eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the Southwest
corner of said Anna Town Center No. 8 tract, same being the Southeast corner of that certain tract of land
described in a Warranty Deed with Vendor's Lien to 40 PGE, Ltd. (hereinafter referred to as 40 PGE tract),
as recorded in Volume 5387, Page 468, O.P.R.C.C.T.;
THENCE North 00 degrees 11 minutes 26 seconds West, departing said survey line and said East Foster
Crossing Road and with the common line between said Anna Town Center No. 8 and said 40 PGE tract, a
distance of 529.48 feet to a five-eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the
Northwest corner of the herein described tract
THENCE North 89 degrees 49 minutes 30 seconds East, departing the West line of said 40 PGE tract, and
crossing said Anna Town Center No. 8 tract, a distance of 334.71 feet to a five-eighths inch iron rod with
plastic cap stamped "RPLS 4838" set for the Northeast corner of the herein described tract, same being in
the East line of said Anna Town Center No. 8 tract, same being in the West line of said Miller tract;
THENCE South 00 degrees 06 minutes 25 seconds East, with the common line between said Anna Town
Center No. 8 tract and said Miller tract, a distance of 535.21 feet to the PLACE OF BEGINNING, and
containing a calculated area of 4.086 acres (177,976 square feet) of land.
SEVENTH AMENDMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT
4849-1809-6026v.2
Tract 5 — Survey and Legal Description
Y(,I
11t
-
I
D uo alas -rim
f I
I.
n L
I
el f
t
I
1 �
i
BEING 6.013 acres (261,919 square feet) of land in the Granderson Stark Survey, Abstract No. 798, City
of Anna, Collin County, Texas; said 6.013 acres (261,919 square feet) of land being a portion of that
certain tract of land described in a Special Warranty Deed to Anna Town Center No. 8/CTS, Ltd.
(hereinafter referred to as Anna Town Center No. 8 tract), as recorded in Instrument Number
20141203001315490, Official Public Records, Collin County, Texas, (O.P.R.C.C.T.); said 6.013 acres
(261,919 square feet) of land being more particularly described, by metes and bounds, as follows:
BEGINNING at a one-half inch iron rod with plastic cap stamped "CORWIN" found for the Northwest
corner of said Anna Town Center No. 8 tract, same being the Southwesterly corner of that certain tract of
land described as Anna Crossing Phase 1B (hereinafter referred to as Anna Crossing Phase 113), an
addition to the City of Anna, Collin County, Texas, according to the plat recorded in Instrument number
2017-570, Plat Records, Collin County, Texas, same being in the East line of that certain tract of land
described in a General Warranty Deed to Cecil Burl Cunningham (her'einaft'er referred to as Cunningham
tract), as recorded in Instrument Number 20 15 1 12300147 1250, O.P.R.C.C.T.;
THENCE South 89 degrees 16 minutes 12 seconds East, departing the East line of said Cunningham tract
and with the common line between said Anna Town Center No. 8 tract, and said Anna Crossing Phase
1 B, a distance of 335.89 feet to a five-eighths inch iron rod with plastic cap stamped "RPLS 4838" set for
the Northeast corner of said Anna Town Center No. 8 tract, same being the Northwest corner of that
certain tract of land described in a Contract of Sale and Purchase to Robert W, Price (hereinafter referred
to as Price tract), as recorded in Instrument Number 1993-8676, O.P.R.C.C.T.;
SEVENTH AMENDMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT
4849-1809-6026v.2
THENCE South 00 degrees 06 minutes 25 seconds East, departing the South line of said Anna Crossing
Phase 1B and with the common line between said Anna Town Center No. 8 tract and said Price tract, pass
at a distance of 665.04 feet, the Northwest corner of that certain tract of land described in a Deed of Trust
to Robert W. Price and wife, Jessica M. Price (hereinafter referred to as Robert and Jessica Price tract), as
recorded in Instrument Number 1997-69675, O.P.R.C.C.T. and continue with said course and the
common line between said Anna Town Center No. 8 tract and said Robert and Jessica Price tract, pass at
a distance of 764.85 feet, the Westerly Southwest corner of said Robert and Jessica Price tract, same
being the Northwest corner of that certain tract land described in a Deed of Trust to Louis C. Miller
(hereinafter referred to as Miller tract), as recorded in 19930204000086770, O.P.R,C.C.T., and continue
with said course and the common line between said Anna Town Center No. 8 tract and said Miller tract
for a total distance of 778.53 feet to a five-eighths inch iron rod with plastic cap stamped "RPLS 4838"
set for the Southeast corner of the herein described tract;
THENCE South 89 degrees 49 minutes 30 seconds West, departing the West line of said Miller tract, and
crossing said Anna Town Center No. 8 tract, a distance of 334.71 feet to a five-eighths inch iron rod with
plastic cap stamped "RPLS 4838" set for the Southwest corner of the herein described tract, same being in
the West line of said Anna Town Center No. 8 tract, same being the East line of that certain tract of land
described in a Warranty Deed with Vendor's Lien to 40 PGE, Ltd. (hereinafter referred to as 40 PGE
tract), as recorded in Volume 5387, Page 468, O.P.R.C.C.T.;
THENCE North 00 degrees 11 minutes 26 seconds West, with the common line between said Anna Town
Center No. 8 tract and said 40 PGE tract, pass at a distance of 586.15 the Northeast corner of said 40 PGE
tract, same being the Southeast corner of said Cunningham tract, continue same course with the common
line between said Anna Town Center No. 8 tract and said Cunningham tract, for a total distance of 783.83
feet to the PLACE OF BEGINNING, and containing a calculated area of 6.013 acres (261,919 square
feet) of land.
SEVENTH AMENDMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT
4849-1809-6026v.2