HomeMy WebLinkAboutRes 2019-12-660 QJR Partnership Development AgreementCITY OF ANNA, TEXAS
RESOLUTION NO.OIGI-/
A RESOLUTION OF THE CITY OF ANNA, TEXAS ENTERING INTO A
DEVELOPMENT AGREEMENT WITH QJR PARTNERSHIP, LTD TO ESTABLISH
DEVELOPMENT AND DESIGN REGULATIONS FOR SINGLE-FAMILY
DEVELOPMENT LOCATED ON THE NORTH SIDE OF HACKBERRY DRIVE, 480±
FEET WEST OF FERGUSON PARKWAY.
WHEREAS, QJR Partnership, LTD is the Property Owner of real estate located on the
north side of Hackberry Drive, 480± feet west of Ferguson Parkway; and
WHEREAS, Property Owner desires to sell the property to Bloomfield Homes for the
property to be developed as a single-family residential subdivision; and
WHEREAS, Property Owner has agreed to development and design regulations should
the City approve the property to be rezoned to (PD -SF -60/C-1), Planned Development -
Single -Family Residential-60/Restricted Commercial;
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
The City Council hereby approves the Development Agreement with QJR Partnership,
LTD, attached hereto as Exhibit 1, and ratifies and approves the City Manager's execution
of the same. The City Manager is hereby authorized to execute all documents and 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 10th
day of December 2019.
APPROVED:
/r
Mayor Nate Pike
ATTEST:
i
City Secretary Carrie Smith
EXHIBIT "1"
DEVELOPMENT AGREEMENT
This Development Agreement (this "Agreement") is entered effective as of December 10, 2019
("Effective Date") between and among the City of Anna, Texas, a Texas home -rule municipality
("City") and QJR Partnership, LTD., a Texas limited partnership ("Property Owner") as follows:
RECITALS
WHEREAS, the Property Owner is the sole owner of real property described and depicted on Exhibit
A, attached hereto (the "Property"); and,
WHEREAS, the Property Owner has applied to rezone the Property to allow for Planned Development -
Single Family Residential-60/Restricted Commercial District ("PD -SF -60/C-1 Zoning District"); and,
WHEREAS, the City's Planning & Zoning Commission and City Council have given the requisite notices
by publication and otherwise and have scheduled public hearings with respect to the rezoning of the
Property as required by law; and,
WHEREAS, in the case of the Property being rezoned, the City and Property Owner desire to enter into
a development agreement to establish development and design regulations to ensure that future
development is appropriate for the area and fits in well with adjacent properties; and,
WHEREAS, it is the Parties' mutual intent that this agreement shall govern only the subject matter
specifically set forth herein and shall supersede provisions of Anna City Code of Ordinances and other
regulations and adopted policies of the City (collectively, "City Regulations") only to the extent that any
such City Regulations directly conflict with the terms of this development agreement; and,
NOW, THEREFORE, in consideration of the above recitals and the mutual consideration as reflected
in the covenants, duties and obligations contained herein, the sufficiency of which is hereby
acknowledged, the Parties hereto agree as follows, effective as of the Effective Date:
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 development agreement and said recitals constitute representations by Property Owner,
Developer and the City.
SECTION 2. PRELIMINARY CONCEPT PLAN.
The Property shall be developed as conceptually described and illustrated on Exhibit B (the
"PRELIMNINARY CONCEPT PLAN"). The Preliminary Concept Plan may be amended from time to time
with approval from the City's Planning & Zoning Commission and the City Council.
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SECTION 3. BUILDING MATERIALS.
With respect to all structures/development within the PD -SF -60/C-1 Zoning District, Property Owner
agrees to comply or to cause the builders to comply and any other successors or assigns to comply with
all City Regulations and with the masonry material requirements and all other requirements of the Anna
City Code of Ordinances, Article 9.04 Zoning Ordinance, Section 9.04.034 Supplementary District
Regulations, Subsection (e) Architectural Design Standards and with the following standards (in the event
of any conflict, the following listed standards shall govern).
A. Except as noted below, the exterior walls (excluding windows and doors) on the first -floor front
elevation of any structure shall be 90 percent masonry and 80 percent on the second -floor front
elevation. The total cumulative surface area of the remaining exterior walls (excluding windows
and doors) shall be 80% masonry.
B. Second floor Dutch gable roof elements are not required to be masonry if set back at least 3 feet
from the first -floor front elevation vertical plane.
C. The masonry standards that apply to the front elevation of a structure as described in subsection
(A) above shall also apply to any exterior walls on a structure that are: (i) adjacent to and face a
public street or right-of-way; or (ii) visible from and located immediately adjacent to a public park,
reserved open space or neighborhood common area, or an undeveloped flood hazard or drainage
area that is also adjacent to a public street.
D. Roofing materials of a structure may only consist of architectural asphalt shingles (including
laminated dimensional shingles), clay and concrete tile, metal shingles, mineral -surfaced row
roofing, slate and slate -type shingles, wood shingles, wood shakes or an equivalent or better
product as compared with said materials. Should architectural shingles be used as roofing
material, said shingles shall be accompanied with a minimum 25 -year warranty. Under no
circumstance shall three -tab shingles be used as roofing material.
E. Border fencing shall be of stone or masonry construction.
SECTION 4. NOTICES.
Any and all notices required to be given by either of the parties hereto must be in writing and will be
deemed delivered upon personal service, if hand -delivered, or when mailed in the United States mail,
certified, return receipt requested, addressed as follows:
To City: City Manager
City of Anna
111 North Powell Parkway
PO Box 776
Anna, Texas 75409
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To Property Owner: QJR Partnership LTD
822 County Road 370
Anna, Texas 75409
Attn: J.D. Rollins
SECTION 5. MODIFICATIONS OR TERMINATION.
This Agreement may only be modified and/or terminated as follows: (a) by mutual agreement of
Property Owner and City; and/or (b) unilaterally by City upon default of the Property Owner or
Developer. Notwithstanding the foregoing or any other provision of this Agreement, this Agreement
shall terminate and be null and void if the City does not approve the rezoning of the Property to be
zoned as (PD -SF -60/C-1), Planned Development -Single Family Residential-60/Restricted Commercial
District), as set forth in Section 9.04 of the Anna City Code of Ordinances, ("Zoning Ordinance"). The
parties acknowledge and agree that the rezoning of the Property is a legislative act and that this
Agreement does not bind the City Council to approve any proposed rezoning of the Property.
SECTION 6. DEFAULT.
If Property Owner or Developer, its heirs, successors or assigns, subsequent owners of the Property or
any other person acquiring an interest in the Property, fails to fully comply with all the terms and conditions
included in this Agreement, City will have the following non-exclusive and cumulative remedies.
A. Withholding of utilities or withholding or revocation of permits and other approvals required for
development and use of the Property including without limitation building permits and
certificates of occupancy.
B. The defaulting Property Owner or Developer, or their respective heirs, successors or assigns,
subsequent owners of the Property or any other person acquiring an interest in the Property
(collectively, the "Defaulting Developer Parties") shall be jointly and severally liable to pay to
the City the sum of $2,000 for each failure to fully comply with the development standards set
forth in Section 3 of this Agreement. The Defaulting Developer Parties shall be liable to pay
the City said $2,000 sum per day for each day that such failure to comply occurs. The sums
of money to be paid for such failure(s) is not to be considered as a penalty, but shall be
deemed, taken and treated as reasonable liquidated damages that accrue per day that such
a failure shall exist or occur. The said amounts are fixed and agreed upon by the parties
because of the impracticability and extreme difficulty of fixing and ascertaining the actual
damages the City in such event would sustain; and said amounts are agreed to be the amounts
of damages which the City would sustain. Notwithstanding the foregoing, none of the
Defaulting Developer Parties shall be liable to pay the liquidated damages that accrue under
this paragraph unless there is a breach of any material term or condition of this Agreement
and such breach remains uncured after forty-five (45) calendar days following receipt of written
notice from the City provided in accordance with this Agreement describing said breach in
reasonable detail (or, if the cure of the breach has diligently and continuously been undertaken
but reasonably requires more than forty-five (45) calendar days to cure, then such additional
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amount of time as is reasonably necessary to effect the cure, as determined by both Parties
mutually and in good faith but in no event shall such additional period exceed 120 days unless
agreed to in writing by the parties to this Agreement). In the event of a breach that is not timely
cured in accordance with this paragraph, the sum of liquidated damages shall be calculated
to include each and every day of the occurrence of the breach beginning on the date that the
City first provided written notice of such breach under this paragraph and the City shall not be
required to provide a subsequent written notices as to subsequent dates or times during which
such breach is repeated or continues to occur.
C. In the event of a default, the City will additionally have any and all remedies available to it at
equity or in law.
SECTION 7. BINDING ON SUCCESSORS, AGREEMENT RUNS WITH THE LAND.
This Agreement will be binding upon and inure to the benefit of the parties' respective successors,
assigns and personal representatives. This Agreement will run with the land and be binding on all
subsequent Property Owners and Developers.
SECTION 8. INDEMNIFICATION AND HOLD HARMLESS.
THE DEVELOPER AND THE PROPERTY OWNER INCLUDING THEIR RESPECTIVE
SUCCESSORS AND ASSIGNS (THE "INDEMNIFYING PARTIES"), HEREBY COVENANT AND
AGREE TO RELEASE DEFEND HOLD HARMLESS AND INDEMNIFY THE CITY AND ITS
OFFICERS AGENTS SERVANTS AND EMPLOYEES FROM AND AGAINST ALL THIRD -PARTY
CLAIMS, SUITS, JUDGMENTS, DAMAGES, AND DEMANDS (TOGETHER, "CLAIMS") AGAINST
THE CITY WHETHER REAL OR ASSERTED INCLUDING WITHOUT LIMITATION REASONABLE
ATTORNEY'S FEES RELATED EXPENSES EXPERT WITNESS FEES CONSULTANT FEES AND
OTHER COSTS ARISING OUT OF THE NEGLIGENCE OR OTHER WRONGFUL CONDUCT OF
THE INDEMNIFYING PARTIES INCLUDING THE NEGLIGENCE OR OTHER WRONGFUL
CONDUCT OF ANY OF THEIR RESPECTIVE EMPLOYEES CONTRACTORS
SUBCONTRACTORS MATERIAL MEN AND AGENTS IN CONNECTION WITH THE DESIGN OR
CONSTRUCTION OF ANY PUBLIC INFRASTRUCTURE STRUCTURES OR OTHER FACILITIES
OR IMPROVEMENTS THAT ARE REQUIRED OR PERMITTED UNDER THIS AGREEMENT
AND/OR CITY REGULATIONS AND/OR ANY APPLICABLE DEVELOPMENT STANDARDS
AND/OR ANY OTHER GOVERNING REGULATIONS: AND IT IS EXPRESSLY UNDERSTOOD
THAT SUCH CLAIMS SHALL EXCEPT AS MODIFIED BELOW INCLUDE CLAIMS EVEN IF
CAUSED BY THE CITY'S OWN CONCURRENT NEGLIGENCE SUBJECT TO THE TERMS OF THIS
SECTION. THE INDEMNIFYING PARTIES SHALL NOT HOWEVER BE REQUIRED TO
INDEMNIFY THE CITY AGAINST CLAIMS CAUSED BY THE CITY'S SOLE NEGLIGENCE. IF THE
CITY INCURS CLAIMS THAT ARE CAUSED BY THE CONCURRENT NEGLIGENCE OF ANY OF
THE INDEMNIFYING PARTIES AND THE CITY THE INDEMNIFYING PARTIES' INDEMNITY
OBLIGATION WILL BE LIMITED TO A FRACTION OF THE TOTAL CLAIMS EQUIVALENT TO THE
INDEMNIFYING PARTIES' OWN PERCENTAGE OF RESPONSIBILITY. THE INDEMNIFYING
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PARTIES FURTHER COVENANT AND AGREE TO RELEASE DEFEND HOLD HARMLESS AND
INDEMNIFY THE CITY AGAINST ANY AND ALL CLAIMS BY ANY PERSON CLAIMING AN
OWNERSHIP INTEREST IN THE PROPERTY WHO HAS NOT SIGNED THIS AGREEMENT IF
SUCH CLAIMS RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH: (1) THE CITY'S
RELIANCE UPON ANY OF THE INDEMNIFYING PARTIES' REPRESENTATIONS IN THIS
AGREEMENT: (2) THIS AGREEMENT OR OWNERSHIP OF THE PROPERTY: OR (3) THE CITY'S
APPROVAL OF ANY TYPE OF DEVELOPMENT APPLICATION OR SUBMISSION WITH RESPECT
TO THE PROPERTY. At no time shall the City have any control over or charge of the design,
construction or installation of any of the improvements to the Property or related work or undertakings,
nor the means, methods, techniques, sequences or procedures utilized for the design, construction or
installation related to same. This Agreement does not create a joint enterprise or venture between the
City and any of the Indemnified Parties. This Section 8 will survive the termination of this Agreement.
SECTION 9. RECORDATION.
The parties may record this document in the property records of Collin County.
SECTION 10. ENTIRE AGREEMENT.
This Agreement is the entire agreement of the parties regarding the subject matter hereto.
SECTION 11. RECITALS AND EXHIBITS.
The recitals herein and exhibits attached hereto are hereby incorporated by reference.
SECTION 12. AUTHORITY.
Property Owner represent and warrant to the City that the Property Owner owns the Property that this
Agreement is binding and enforceable on the Property.
SECTION 13. INVALID PROVISIONS.
If any provision of this Agreement is held not valid, such provision will be deemed to be excised there
from and the invalidity thereof will not affect any of the other provisions contained herein.
SECTION 14. EFFECTIVE DATE.
This Agreement will be effective upon the Effective Date first stated herein.
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Jim Pro¢e`Gity Manager
IN WITNESS WHEREOF:
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned notary public, on the /01' day ofye mh r_ . >, 2019, appeared Jim
Proce, known to me (or proved to me) to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same in his capacity as City Manager of the
City of Anna, Texas.
;stn'v, CARRIE L. SMITH
y;Yq My Notary ID # 11419404 yZ�L
>; Expires February 4, 2023 Notary Public, State of Texas
QJR Partnership LTD
M-
IN
IN WITNESS WHEREOF:
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned notary public, on the J 4 L day of 2019, appeared
eared
J.D. Rollins, Property Owner 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 representative of QJR PqrMership LTD.
J HARLOW
a.°;��;• Vic. Notary Public, State of Texas
`�''• ec Comm. Expires 12-17-2022
Notar ublic tate of Texas
Notary ID 124406758 +
61
EXHIBIT A
PROPERTY DESCRIPTION
TRACT 1
161.250 ACRES
BEING A 161.250 ACRE TRACT OF LAND SITUATED IN THE FRANCIS T. DUFFAU
SURVEY, ABSTRACT NO. 288, CITY OF ANNA E.T.J., COLLIN COUNTY, TEXAS,
AND BEING ALL OF A CALLED 162.12 ACRE TRACT OF LAND CONVEYED TO QJR
PARTNERSHIP, LTD. BY DEED RECORDED IN VOLUME 5106, PAGE 2380,
OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS AND SAID 162.12 ACRE
TRACT BEING DESCRIBED IN DEED TO LORRAINE SHERLEY, AS RECORDED IN
VOLUME 784, PAGE 34, DEED RECORDS, COLLIN COUNTY, TEXAS. BEING ALL
OF A CALLED 80 ACRE TRACT OF LAND CONVEYED AS FIRST TRACT, ALL OF A
CALLED 40.86 ACRE TRACT OF LAND CONVEYED AS THIRD TRACT, ALL OF A
CALLED 10 ACRE TRACT OF LAND CONVEYED AS FOURTH TRACT, ALL OF A
CALLED 10 ACRE TRACT OF LAND CONVEYED AS FIFTH TRACT, AND ALL OF A
CALLED 21.26 ACRE TRACT OF LAND CONVEYED AS SIXTH TRACT. SAID
161.250 ACRE TRACT WITH BEARING BASIS BEING GRID NORTH, TEXAS STATE
PLANE COORDINATES, NORTH CENTRAL ZONE, NAD83 (NAD83 (2011) EPOCH
2010), DETERMINED BY GPS OBSERVATIONS, CALCULATED FROM DENTON
CORS ARP (PID-DF8986) AND DALLAS CORS ARP (PID-DF8984) AND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA
SURVEYING" SET FOR THE SOUTHWEST CORNER OF SAID 21.26 ACRE SIXTH
TRACT, THE COMMON NORTHWEST CORNER OF LOT 56, BLOCK F AND THE
NORTHEAST CORNER OF LOT 3, BLOCK G OF CREEKSIDE PHASE 3, AN
ADDITION TO THE CITY OF ANNA ACCORDING TO THE PLAT RECORDED IN
CABINET P, SLIDE 623, PLAT RECORDS, COLLIN COUNTY, TEXAS AND BEING
THE COMMON SOUTHEAST CORNER OF CALLED 50.53 ACRE TRACT OF LAND
CONVEYED BY DEED TWO -J PARTNERS, LLLP RECORDED IN COUNTY CLERK'S
FILE NO. 20080509000562500, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY,
TEXAS;
THENCE, ALONG THE COMMON EAST LINE OF SAID 50.53 ACRE TRACT AND
THE WEST LINE OF SAID 21.26 ACRE SIXTH TRACT AND THE WEST LINE OF
SAID 10 ACRE FOURTH TRACT, THE FOLLOWING COURSES AND DISTANCES:
NORTH 00 DEGREES 40 MINUTES 32 SECONDS EAST, A DISTANCE OF
260.50 FEET TO A POINT FOR CORNER;
NORTH 00 DEGREES 59 MINUTES 07 SECONDS EAST, A DISTANCE OF
1115.83 FEET TO A POINT FOR CORNER;
NORTH 00 DEGREES 49 MINUTES 32 SECONDS EAST, A DISTANCE OF
309.20 FEET TO A POINT FOR CORNER;
NORTH 00 DEGREES 36 MINUTES 32 SECONDS EAST, A DISTANCE OF
368.00 FEET TO A POINT FOR CORNER;
NORTH 00 DEGREES 42 MINUTES 32 SECONDS EAST, A DISTANCE OF
596.23 FEET TO A P.K. NAIL WITH SHINER STAMPED "LJA SURVEYING
SURVEYING" SET FOR CORNER, SAID POINT LYING IN COLLIN COUNTY
ROAD NO. 370 (A PRESCRIPTIVE RIGHT OF WAY), SAID POINT BEING THE
COMMON NORTHWEST CORNER OF SAID 10 ACRE FOURTH TRACT AND
THE NORTHEAST CORNER OF SAID 50.53 ACRE TRACT AND BEING ON
THE SOUTH LINE OF A CALLED 64.5 TRACT ACRE OF LAND CONVEYED
TO QJR PARTNERSHIP, LTD. BY DEED RECORDED IN VOLUME 5106,
PAGE 2380, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS AND
SAID 64.5 ACRE TRACT BEING DESCRIBED AS SECOND TRACT IN SAID
VOLUME 784, PAGE 34, DEED RECORDS, COLLIN COUNTY, TEXAS;
THENCE, SOUTH 88 DEGREES 56 MINUTES 00 SECONDS EAST, ALONG THE
COMMON SOUTH LINE OF SAID 64.5 ACRE SECOND TRACT AND THE NORTH
LINES OF SAID 10 ACRE FOURTH TRACT, SAID 21.26 ACRE SIXTH TRACT, SAID
80 ACRE FIRST TRACT, SAID 10 ACRE FIFTH TRACT, AND SAID 40.86 ACRE
THIRD TRACT, A DISTANCE OF 2,654.98 FEET TO A 5/8" IRON ROD WITH
YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR THE NORTHEAST
CORNER OF SAID 40.86 ACRE THIRD TRACT AND THE COMMON NORTHWEST
CORNER OF A CALLED A 111.666 ACRE TRACT OF LAND CONVEYED BY DEED
TO OAKWOOD VILLAGE APARTMENTS, INC., RECORDED IN COUNTY CLERK'S
FILE NO. 20171201001594200, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY,
TEXAS;
THENCE, SOUTH 00 DEGREES 33 MINUTES 44 SECONDS WEST, ALONG THE
COMMON EAST LINE OF SAID 40.86 ACRE THIRD TRACT AND THE WEST LINE
OF SAID 111.666 ACRE TRACT, A DISTANCE OF 2640.17 FEET TO A 5/8" IRON
ROD WITH YELLOW PLASTIC CAP STAMPED "J.E. SMITH 3700" FOUND FOR THE
COMMON SOUTHEAST CORNER OF SAID 40.86 ACRE THIRD TRACT AND THE
SOUTHWEST CORNER OF SAID 111.666 ACRE TRACT, SAID POINT LYING ON
THE NORTH LINE OF A 17.455 ACRE TRACT OF LAND CONVEYED AS TRACT 1
NORTH, TO LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD.,
RECORDED IN COUNTY CLERK'S FILE NO. 20180614000736900, OFFICIAL
PUBLIC RECORDS, COLLIN COUNTY, TEXAS;
THENCE, NORTH 88 DEGREES 46 MINUTES 28 SECONDS WEST, ALONG THE
COMMON SOUTH LINE OF SAID 40.86 ACRE THIRD TRACT, THE SOUTH LINE OF
AFORESAID 10.00 ACRE FIFTH TRACT, AND THE NORTH LINE OF SAID 17.455
ACRE TRACT, A DISTANCE OF 803.28 FEET TO A 5/8" IRON ROD FOUND FOR
THE COMMON NORTHWEST CORNER OF SAID 17.455 ACRE TRACT AND THE
NORTHEAST CORNER OF THE FALLS PHASE 2, AN ADDITION TO THE CITY OF
ANNA ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET P, PAGE
870, PLAT RECORDS, COLLIN COUNTY TEXAS;
THENCE, ALONG THE COMMON NORTH LINE OF SAID THE FALLS PHASE 2,
CONTINUING ALONG THE SOUTH LINE OF SAID 10.00 ACRE FIFTH TRACT AND
ALONG THE SOUTH LINE OF AFORESAID 80 ACRE FIRST TRACT, THE
FOLLOWING COURSES AND DISTANCES:
NORTH 89 DEGREES 00 MINUTES 01 SECOND WEST, A DISTANCE OF
642.80 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
"LJA SURVEYING" SET FOR CORNER;
NORTH 89 DEGREES 04 MINUTES 18 SECONDS WEST, A DISTANCE OF
13.58 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
"LJA SURVEYING" SET FOR CORNER;
NORTH 89 DEGREES 18 MINUTES 16 SECONDS WEST, A DISTANCE OF
715.13 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
"LJA SURVEYING" SET FOR CORNER AT THE COMMON NORTHWEST
CORNER OF THE FALLS PHASE 2, THE NORTHEAST CORNER OF
AFORESAID CREEKSIDE PHASE 3, THE SOUTHWEST CORNER OF SAID 80
ACRE FIRST TRACT AND THE SOUTHEAST CORNER OF AFORESAID 21.26
ACRE SIXTH TRACT;
THENCE, NORTH 89 DEGREES 41 MINUTES 14 SECONDS WEST, ALONG THE
COMMON SOUTH LINE OF SAID 21.26 ACRE SIXTH TRACT AND THE NORTH LINE
OF SAID CREEKSIDE PHASE 3, A DISTANCE OF 492.18 FEET TO THE POINT OF
BEGINNING AND CONTAINING A CALCULATED AREA OF 7,024,033 SQUARE
FEET OR 161.250 ACRES OF LAND.
TRACT 2
61.905 ACRES
BEING A 61.905 ACRE TRACT OF LAND SITUATED IN THE JOHN ELLET SURVEY,
ABSTRACT NO. 296, CITY OF ANNA E.T.J., COLLIN COUNTY, TEXAS, AND BEING
PART OF A 64.50 ACRE TRACT OF LAND CONVEYED TO QJR PARTNERSHIP,
LTD. BY DEED RECORDED IN VOLUME 5106, PAGE 2380, OFFICIAL PUBLIC
RECORDS, COLLIN COUNTY, TEXAS AND SAID 64.5 ACRE TRACT BEING
DESCRIBED AS SECOND TRACT IN THE DEED TO LORRAINE SHERLEY, AS
RECORDED IN VOLUME 784, PAGE 34, DEED RECORDS, COLLIN COUNTY,
TEXAS. SAID 61.905 ACRE TRACT WITH BEARING BASIS BEING GRID NORTH,
TEXAS STATE PLANE COORDINATES, NORTH CENTRAL ZONE, NAD83 (NAD83
(2011) EPOCH 2010), DETERMINED BY GPS OBSERVATIONS, CALCULATED
FROM DENTON CORS ARP (PID-DF8986) AND DALLAS CORS ARP (PID-DF8984)
AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING AT A 1" IRON PIPE (BENT) FOUND FOR THE SOUTHEAST CORNER
OF SAID 64.5 ACRE SECOND TRACT AND BEING THE COMMON
NORTHEASTERLY NORTHWEST CORNER OF A 111.666 ACRE TRACT OF LAND
CONVEYED BY DEED TO OAKWOOD VILLAGE APARTMENTS, INC., RECORDED
IN COUNTY CLERK'S FILE NO. 20171201001594200, OFFICIAL PUBLIC RECORDS,
COLLIN COUNTY, TEXAS, FROM WHICH 5/8" IRON ROD FOUND FOR AN
INTERIOR ELL CORNER OF SAID 111.666 ACRE TRACT AND THE COMMON
SOUTHWEST CORNER OF A 50.00 ACRE TRACT OF LAND CONVEYED BY DEED
TO KAYASA FAMILY, LTD., RECORDED IN COUNTY CLERK'S FILE NO.
20171012001368980, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS
BEARS SOUTH 01 DEGREE 15 MINUTES 53 SECONDS WEST, A DISTANCE OF
36.09 FEET;
THENCE, NORTH 88 DEGREES 57 MINUTES 17 SECONDS WEST, ALONG THE
COMMON SOUTH LINE OF SAID 64.5 ACRE SECOND TRACT AND THE NORTH
LINE OF SAID 111.666 ACRE TRACT, A DISTANCE OF 33.92 FEET TO A 5/8" IRON
ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR THE
NORTHWEST CORNER OF SAID 111.666 ACRE TRACT AND THE COMMON
NORTHEAST CORNER OF A CALLED 40.86 ACRE THIRD TRACT AS RECORDED
IN SAID VOLUME 784, PAGE 34, DEED RECORDS, COLLIN COUNTY, TEXAS;
THENCE, NORTH 88 DEGREES 56 MINUTES 00 SECONDS WEST, ALONG THE
COMMON SOUTH LINE OF SAID 64.5 ACRE SECOND TRACT AND THE NORTH
LINES OF SAID 40.86 ACRE THIRD TRACT, A CALLED 10 ACRE TRACT OF LAND
CONVEYED AS FIFTH TRACT, A CALLED 80 ACRE TRACT OF LAND CONVEYED
AS FIRST TRACT, A CALLED 21.26 ACRE TRACT OF LAND CONVEYED AS SIXTH
TRACT, AND A CALLED 10 ACRE TRACT OF LAND CONVEYED AS FOURTH
TRACT, AS RECORDED IN SAID VOLUME 784, PAGE 34, DEED RECORDS,
COLLIN COUNTY, TEXAS, A DISTANCE OF 2,654.98 FEET TO A P.K. NAIL WITH
SHINER STAMPED "LJA SURVEYING" SET FOR THE NORTHWEST CORNER OF
SAID FOURTH TRACT AND THE COMMON NORTHEAST CORNER OF A CALLED
50.53 ACRE TRACT OF LAND CONVEYED BY DEED TWO -J PARTNERS, LLLP
RECORDED IN COUNTY CLERK'S FILE NO. 20080509000562500, OFFICIAL
PUBLIC RECORDS, COLLIN COUNTY, TEXAS;
THENCE, NORTH 88 DEGREES 48 MINUTES 28 SECONDS WEST, ALONG THE
COMMON NORTH LINE OF A 50.53 ACRE TRACT AND THE SOUTH LINE OF SAID
64.5 ACRE SECOND TRACT, A DISTANCE OF 251.32 FEET TO A 5/8" IRON ROD
WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER,
SAID POINT BEING THE SOUTHWEST CORNER OF SAID 64.5 ACRE SECOND
TRACT AND THE SOUTHEAST CORNER OF A 38.15 ACRE TRACT OF LAND
CONVEYED BY DEED AS TRACT 7 TO MJLA ADAMS, LTD. RECORDED IN
COUNTY CLERK'S FILE NO. 20110505000462590, OFFICIAL PUBLIC RECORDS,
COLLIN COUNTY, TEXAS;
THENCE, NORTH 01 DEGREE 38 MINUTES 26 SECONDS WEST, ALONG THE
COMMON WEST LINE OF SAID 64.5 ACRE SECOND TRACT AND THE EAST LINE
OF SAID 38.15 ACRE TRACT, A DISTANCE OF 509.20 FEET TO A P.K. NAIL WITH
SHINER STAMPED "LJA SURVEYING" SET FOR CORNER, SAID POINT BEING THE
NORTHEAST CORNER OF SAID 38.15 ACRE TRACT AND THE SOUTHEAST
CORNER OF A 17.863 ACRE TRACT OF LAND CONVEYED BY DEED TO ANNA 18,
LLC RECORDED IN COUNTY CLERK'S FILE NO. 20161020001423440, OFFICIAL
PUBLIC RECORDS, COLLIN COUNTY, TEXAS;
THENCE, DEPARTING SAID WEST LINE OF SAID 64.5 ACRE SECOND TRACT AND
OVER AND ACROSS SAID 64.5 ACRE SECOND TRACT, THE FOLLOWING
COURSES AND DISTANCES:
NORTH 89 DEGREES 28 MINUTES 39 SECONDS EAST, A DISTANCE OF
500.77 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
"LJA SURVEYING" SET FOR CORNER;
NORTH 00 DEGREES 31 MINUTES 21 SECONDS WEST, A DISTANCE OF
432.96 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
"LJA SURVEYING" SET FOR CORNER ON THE NORTH LINE OF SAID 64.5
ACRE SECOND TRACT AND THE COMMON SOUTH LINE OF A 159.725
ACRE TRACT OF LAND CONVEYED BY DEED TO LHJH MANAGEMENT
COMPANY LLC RECORDED IN COUNTY CLERK'S FILE NO.
20061003001424590, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY,
TEXAS;
THENCE, NORTH 89 DEGREES 28 MINUTES 39 SECONDS EAST, ALONG THE
COMMON NORTH LINE OF SAID 64.5 ACRE SECOND TRACT, AND THE SOUTH
LINE OF SAID 159.725 ACRE TRACT, A DISTANCE OF 2,480.20 FEET TO A 5/8"
IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR
THE NORTHEAST CORNER OF SAID 64.5 ACRE SECOND TRACT AND THE
COMMON SOUTHEAST CORNER OF SAID 159.725 ACRE TRACT, SAID POINT
BEING ON THE WEST LINE OF AFORESAID KAYASA FAMILY 50.00 ACRE TRACT;
THENCE, SOUTH 01 DEGREE 15 MINUTES 53 SECONDS WEST, ALONG THE
COMMON EAST LINE OF SAID 64.5 ACRE SECOND TRACT AND THE WEST LINE
OF SAID 50.00 ACRE TRACT, A DISTANCE OF 1024.64 FEET TO THE POINT OF
BEGINNING AND CONTAINING A CALCULATED AREA OF 2,696,563 SQUARE
FEET OR 61.905 ACRES OF LAND.
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