12/09/2022-CC-Agenda Packet-RegularCITY COUNCIL
MEETING AGENDA
DECEMBER 19, 2022, 7:00 PM
CITY COUNCIL REGULAR MEETING
HISTORIC CHURCH BUILDING - 403 N 7TH STREET, SANGER, TEXAS
CALL THE REGULAR MEETING TO ORDER AND ESTABLISH A QUORUM
INVOCATION AND PLEDGE
CITIZENS COMMENTS
This is an opportunity for citizens to address the Council on any matter. Comments related to
public hearings will be heard when the specific hearing begins. Citizens are allowed 3 minutes
to speak. Each speaker must complete the Speaker’s Form and include the topic(s) to be
presented. Citizens who wish to address the Council with regard to matters on the agenda will
be received at the time the item is considered. The Council is not allowed to converse,
deliberate or take action on any matter presented during citizen input.
CONSENT AGENDA
All items on the Consent Agenda will be acted upon by one vote without being discussed
separately unless requested by a Councilmember to remove the item(s) for additional
discussion. Any items removed from the Consent Agenda will be taken up for individual
consideration.
1. Consideration and possible action on the minutes from the December 5, 2022,
meeting.
2. Consideration and possible action on the Assignment and Amendment of the
Professional Services Reimbursement Agreement with Sanger Texas Land
Development, LLC, to Centurion American Acquisitions, LLC, and authorize the Mayor
to execute said agreement.
PUBLIC HEARING ITEMS
3. Conduct a public hearing on a Replat of Lot 2-R1 and Lot 2-R2 of the Saunders
Addition, being 8.252 acres located within the City of Sanger’s ETJ, generally located
approximately 425 feet south of the intersection of FM 455 and Indian Trail.
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4. Conduct a public hearing on a zoning change from (A) Agricultural District to (PD)
Planned Development for approximately 131.82 acres of land, described as A1241A
TIERWESTER, TR 56, TR 57, AND TR 40 generally located along Chapman Drive
approximately 234 feet west of the intersection of I-35 and Chapman Drive.
ACTION ITEMS
5. Consideration and possible action on the Replat of Lot 2-R1 and Lot 2-R2 of the
Saunders Addition, being 8.252 acres located within the City of Sanger’s ETJ, generally
located approximately 425 feet south of the intersection of FM 455 and Indian Trail.
6. Consideration and possible action on Ordinance No. 12-32-22 regarding a zoning
change from (A) Agricultural District to (PD) Planned Development for approximately
131.82 acres of land, described as A1241A TIERWESTER, TR 56, TR 57, AND TR 40
generally located along Chapman Drive approximately 234 feet west of the intersection
of I-35 and Chapman Drive.
7. Consideration and possible action on Addendum 6 with Dannenbaum Engineering
Corporation related to FM 455/I-35 aesthetics and additional utility coordination and
construction inspection services in the amount not to exceed $231,356.76 and
authorize the City Manager to execute said addendum.
8. Consideration and possible action authorizing the purchase of real property commonly
identified as 117 and 123 Elm Street Sanger, Texas, from KW Elm Investments LLC in
the amount of $200,000.00; and authorizing the City Manager to execute all related
documents.
9. Consideration and possible action of Ordinance 12-33-22, authorizing and ordering the
issuance of City of Sanger, Texas Limited Tax Note, Series 2023; specifying the terms
and features of such Note; levying a continuing direct annual ad valorem tax for the
payment of said Note; and resolving other matters incident and related to the
issuance, sale, payment, and delivery of a paying agent/registrar agreement; and
providing for an effective date.
FUTURE AGENDA ITEMS
The purpose of this item is to allow the Mayor and Councilmembers to bring forward items they
wish to discuss at a future meeting, A Councilmember may inquire about a subject for which
notice has not been given. A statement of specific factual information or the recitation of
existing policy may be given. Any deliberation shall be limited to a proposal to place the subject
on an agenda for a subsequent meeting. Items may be placed on a future meeting agenda with
a consensus of the Council or at the call of the Mayor.
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INFORMATIONAL ITEMS
Information Items are for informational purposes only. No action may be taken on items listed
under this portion of the agenda.
10. Atmos Rider GCR - Rate Filing Docket No. 10170, November 28, 2022
11. All American Dogs Monthly Report for November 2022
ADJOURN
NOTE: The City Council reserves the right to adjourn into Executive Session as authorized by
Texas Government Code, Section 551.001, et seq. (The Texas Open Meetings Act) on any item
on its open meeting agenda in accordance with the Texas Open Meetings Act, including,
without limitation Sections 551.071-551.087 of the Texas Open Meetings Act.
CERTIFICATION
I certify that a copy of this meeting notice was posted on the bulletin board at City Hall that is
readily accessible to the general public at all times and was posted on the City of Sanger
website on December 14, 2022, at 4:00 PM.
Kelly Edwards, City Secretary
The Historical Church is wheelchair accessible. Request for additional accommodations or sign
interpretation or other special assistance for disabled attendees must be requested 48 hours
prior to the meeting by contacting the City Secretary’s Office at 940.458.7930.
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CITY COUNCIL COMMUNICATION
DATE: December 19, 2022
FROM: Kelly Edwards, City Secretary
AGENDA ITEM: Consideration and possible action on the minutes from the December 5, 2022,
meeting.
SUMMARY:
N/A
FISCAL INFORMATION:
Budgeted: N/A Amount: $0.00 GL Account: N/A
RECOMMENDED MOTION OR ACTION:
Approve the minutes from the December 5, 2022, meeting.
ATTACHMENTS:
12-05-2022 City Council regular minutes
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Item 1.
City Council Minutes 12-05-2022
Page 1 of 6
CITY COUNCIL
MEETING MINUTES
DECEMBER 05, 2022, 6:00 PM
CITY COUNCIL REGULAR MEETING
HISTORIC CHURCH BUILDING - 403 N 7TH STREET, SANGER, TEXAS
CALL THE WORK SESSION TO ORDER AND ESTABLISH A QUORUM
Mayor Muir called the work session to order at 6:00 p.m.
COUNCILMEMBERS PRESENT
Mayor Thomas Muir
Mayor Pro Tem, Place 2 Gary Bilyeu
Councilmember, Place 1 Marissa Barrett
Councilmember, Place 3 Dennis Dillon
Councilmember, Place 4 Allen Chick
Councilmember, Place 5 Victor Gann
COUNCILMEMBERS ABSENT
None
STAFF MEMBERS PRESENT:
City Manager John Noblitt, Assistant City Manager Alina Ciocan, City Secretary Kelly Edwards,
City Attorney Hugh Coleman, Director of Development Services Ramie Hammonds, Parks &
Recreation Superintendent Ryan Nolting, Marketing and Civic Engagement Director Donna
Green, Assistant Chief of Police Jonathan Perkins, and Fire Marshal Casey Welborn.
DISCUSSION ITEMS
1. Discussion on New Juvenile Curfew Ordinance
Assistant Chief Perkins provided an overview of the Juvenile Curfew Ordinance,
proposed revisions, and stated that the current ordinance expired in 2021.
Discussion ensued regarding the number of juvenile offenses, interactions with
juveniles, exceptions, and providing updates to the City Council.
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Item 1.
City Council Minutes 12-05-2022
Page 2 of 6
OVERVIEW OF ITEMS ON THE REGULAR AGENDA
Item 11 - Mayor Muir discussed including the State’s guidelines defining Farmers Market
products. Discussion ensued regarding not selling flea market items, establishing a timeframe
for the SUP, and including a change of ownership clause.
Item 8 - Councilmember Bilyeu asked for clarification regarding the sizes of the fireworks
Illumination would be shooting at the Freedom Fest event.
Item 6 and 7 – Discussion ensued regarding the size of the City’s Fire District, determining the
allocation of funds based on the Fire district's size, and including the area maps with each
agreement.
Item 12-13 – Discussion ensued regarding why Staff recommended denial of the plats that is
due to the applicants not resolving the engineering comments.
ADJOURN THE WORK SESSION
There being no further business, Mayor Muir adjourned the work session at 6:37 p.m.
CALL THE REGULAR MEETING TO ORDER AND ESTABLISH A QUORUM
Mayor Muir called the regular meeting to order at 7:00 p.m.
COUNCILMEMBERS PRESENT
Mayor Thomas Muir
Mayor Pro Tem, Place 2 Gary Bilyeu
Councilmember, Place 1 Marissa Barrett
Councilmember, Place 3 Dennis Dillon
Councilmember, Place 4 Allen Chick
Councilmember, Place 5 Victor Gann
COUNCILMEMBERS ABSENT
None
STAFF MEMBERS PRESENT:
City Manager John Noblitt, Assistant City Manager Alina Ciocan, City Secretary Kelly Edwards,
City Attorney Hugh Coleman, Director of Development Services Ramie Hammonds, Parks &
Recreation Superintendent Ryan Nolting, Marketing and Civic Engagement Director Donna
Green, Assistant Chief of Police Jonathan Perkins, and Fire Marshal Casey Welborn.
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Item 1.
City Council Minutes 12-05-2022
Page 3 of 6
INVOCATION AND PLEDGE
Councilmember Chick gave the invocation, the Pledge of Allegiance was led by Councilmember
Bilyeu.
CITIZENS COMMENTS
Joyce Herzog, 2017 Brook Drive, spoke regarding the potential grocery store and asked that
potholes and street cuts be filled in along the construction areas.
REPORTS
2. Construction update from DEC Engineering, Dannenbaum, regarding the IH-35 /
FM 455 Expansion Project.
Mr. Joe Garcia, Project Manager, provided an overview of the construction project.
Discussion ensued regarding the completion of bores, removal of utilities, mobilization
and staging of equipment, an overnight closure on 5th Street, and the possibility of a
Pre-construction meeting in January 2023.
3. Presentation and overview of the Parks, Recreation and Facility Maintenance
operations.
Director Nolting provided a presentation and overview of the operations of Parks and
Recreation and Facility Maintenance.
Discussion ensued regarding services contracted out for major maintenance, pest
control, and vandalism at the parks.
CONSENT AGENDA
4. Consideration and possible action on the minutes from the November 14, 2022, work
session.
5. Consideration and possible action on the minutes from the November 21, 2022,
meeting.
6. Consideration and possible action on the 2022-2023 Interlocal Cooperation Agreement
Ambulance Services between Denton County and the City of Sanger
7. Consideration and possible action on the 2022-2023 Interlocal Cooperation Agreement
Fire Protection Services between Denton County and the City of Sanger.
8. Consideration and possible action on awarding a bid to Illumination Fireworks for
fireworks display for the 2023 Freedom Fest in an amount not to exceed $36,550,
authorizing the City Manager to execute an agreement, and further authorizing
fireworks display for the duration of the agreement.
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Item 1.
City Council Minutes 12-05-2022
Page 4 of 6
9. Consideration and possible action on a Interlocal Agreement for Library Services
between Denton County and City of Sanger.
Motion made by Councilmember Bilyeu to approve the consent agenda and that Items
6-7 include the maps for each agreement, Seconded by Councilmember Gann.
Voting Yea: Councilmember Barrett, Councilmember Chick and Councilmember Dillon.
Motion passed unanimously.
PUBLIC HEARING ITEMS
10. Conduct a public hearing on a request for a Specific Use Permit (SUP) for Outside Sales
and Display, on the west end of 8.17 acres of land described as A1241A TIERWESTER,
TR 165, zoned as Business District 2 (B-2) and generally located on the east side of I-
35 at the intersection of South Stemmons and Wood Street.
Mayor Muir opened the public hearing at 7:34 p.m.
Director Hammonds provided an overview of the item and stated that the applicant
had received permission from the ISD to conduct a Farmers Market.
Mayor Muir closed the public hearing at 7:35 p.m.
ACTION ITEMS
11. Consideration and possible action on Ordinance No. 12-31-22 regarding a request for a
Specific Use Permit (SUP) for Outside Sales and Display, on the west end of 8.17 acres
of land described as A1241A TIERWESTER, TR 165, zoned as Business District 2 (B-2)
and generally located on the east side of I-35 at the intersection of South Stemmons
and Wood Street.
Director Hammonds provided an overview of the Specific User Permit stating that a
Farmers Market was an allowable use in B-2.
Discussion ensued regarding setting a timeframe for the SUP, not selling flea market
items, the State guideline defining Farmers Market items, the location of vendors, and
sanitation.
Motion made by Councilmember Bilyeu to approve Ordinance 12-31-2022 with the
conditions that the permit be for one (1) year, products sold are in compliance with
any State guidelines for Farmers Markets, and if the ownership changes, the new
owner must reapply for the permit, Seconded by Councilmember Barrett.
Voting Yea: Councilmember Chick, Councilmember Dillon, and Councilmember Gann.
Motion passed unanimously.
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Item 1.
City Council Minutes 12-05-2022
Page 5 of 6
12. Consideration and possible action on a Final Plat of lots 1-30, Block A of Lonesome
Dove Addition, 55.5 acres, located in the City of Sanger’s ETJ, and generally located on
the south west corner of Metz Road and Hoehn Road.
Director Hammonds provided an overview of the Final Plat recommending denial due
to the engineering comments not being resolved.
Discussion ensued regarding the applicant currently addressing the comments.
Motion made by Councilmember Bilyeu to deny the plat due to the applicant not
resolving the engineering comments made in Exhibit A, Seconded by Councilmember
Barrett.
Voting Yea: Councilmember Chick, Councilmember Dillon, and Councilmember Gann.
Motion passed unanimously.
13. Consideration and possible action on a Preliminary Plat of the Glenn Polk Addition,
being 10.418 acres, located in the City of Sanger, and generally located on the west
side of I-35 approximately 670 feet south of Belz Road.
Director Hammonds provided an overview of the Preliminary Plat Plat recommending
denial due to the engineering comments not being resolved.
Motion Councilmember Bilyeu to deny the plat due to the applicant not resolving the
engineering comment made in Exhibit A made by, Seconded by Councilmember Gann.
Voting Yea: Councilmember Barrett, Councilmember Chick, and Councilmember Dillon.
Motion passed unanimously.
14. Consideration and possible action on a Preliminary Plat of lots 1-23 and lots 1X and 2X,
Block A of Palomino Bay Addition, being 54.34 acres, located in the City of Sanger’s
ETJ, and generally located on the west side of Jones Road approximately 782 feet
north of the intersection of FM 1190 and Jones Road.
Director Hammonds provided an overview of the Preliminary Plat stating that the
properties will be 2.0 to 2.68 acres, each property will have a septic system and well,
the Planning and Zoning Commission recommended approval, and the Lake Ray
Roberts Zoning Commission approved the plat.
Motion to approve made by Councilmember Bilyeu, Seconded by Councilmember
Dillon.
Voting Yea: Councilmember Barrett, Councilmember Chick, and Councilmember Gann.
Motion passed unanimously.
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Item 1.
City Council Minutes 12-05-2022
Page 6 of 6
FUTURE AGENDA ITEMS
Councilmembers discussed possible dates for a two (2) day to discuss various development
processes and providing feedback to Staff.
ADJOURN
There being no further business, Mayor Muir adjourned the meeting at 8:09 p.m.
_______________________________
Thomas E. Muir, Mayor
______________________________
Kelly Edwards, City Secretary
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Item 1.
CITY COUNCIL COMMUNICATION
DATE: December 19, 2022
FROM: Ramie Hammonds, Development Service Director
AGENDA ITEM: Consideration and possible action on the Assignment and Amendment of the
Professional Services Reimbursement Agreement with Sanger Texas Land
Development, LLC, to Centurion American Acquisitions, LLC, and authorize the
Mayor to execute said agreement.
SUMMARY:
Sanger Texas Land Development, LLC, is requesting the assignment of the Professional Services
Reimbursement Agreement to Centurion American Acquisitions, LLC.
Centurion American Acquisitions, LLC will be the new developer for the property originally proposed
for development by Sanger Texas Land Development, LLC.
This property is generally located between McReynolds Road and Railroad Ave.
The development is approximately 1000 acres.
It will be a mixed use development including residential, multifamily, and commercial elements.
The agreement would allow for the reimbursement of funds expended by the City in review of the
potential PID.
FISCAL INFORMATION:
Budgeted: N/A Amount: N/A GL Account: N/A
RECOMMENDED MOTION OR ACTION:
Staff recommends APPROVAL
ATTACHMENTS:
Professional Service Agreement
11
Item 2.
Page 1 of 3
ASSIGNMENT AND AMENDMENT OF PROFESSIONAL SERVICES
REIMBURSEMENT AGREEMENT
THIS ASSIGNMENT AND AMENDMENT OF PROFESSIONAL SERVICES
REIMBURSEMENT AGREEMENT (this “Assignment”) is entered into effective as of the
_______ day of December 2022 (the “Effective Date”), by and among Sanger Texas Land
Investments, a Texas limited liability company (“Assignor”), Centurion American Acquisitions,
LLC, a Texas limited liability company and/or its assigns (“Assignee”), and the City of Sanger,
Texas (the “City”). Assignor, Assignee and the City are sometimes referred to herein collectively
as the “Parties” and individually as a “Party”.
W I T N E S S E T H:
WHEREAS, Assignor entered into a purchase and sale agreement to purchase
approximately 1000 acres of land in the E.T.J. of the City of Sanger, Texas (the “Property”);
WHEREAS, Assignor and the City entered into that certain Professional Services
Reimbursement Agreement dated effective as of May 2, 2022 (the “Reimbursement Agreement”),
pursuant to which Assignor agreed to finance a portion of the costs of the City’s incurred
professional fees for Assignor’s desired development of the Property;
WHEREAS, Assignor entered into that certain Real Estate Sales Contract with Assignee
dated October 12, 2022, wherein Assignee agreed to purchase from Assignor the Property pursuant
to the terms and conditions therein;
WHEREAS, Assignor now desires to assign to Assignee all of Assignor’s rights, title, and
interests in and to the Reimbursement Agreement, for due consideration, and inclusive of all of
the deposited funds by Assignor to the City, and Assignee desires to accept such assignment and
assume all of Assignor’s obligations, benefits and liabilities under the Reimbursement Agreement,
subject to the terms and provisions of this Assignment; and
WHEREAS, Assignee and the City wish to further amend the Reimbursement Agreement
as more specifically provided for in this Assignment;
NOW, THEREFORE, for and in consideration of the premises, covenants, and agreements
set forth herein, and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the parties hereto agree as follows:
1. Assignment. Assignor hereby assigns, conveys, transfers, and sets over unto
Assignee, effective as of the Effective Date, all of Assignor’s right, titles, and interests in, to , and
under the Reimbursement Agreement, including, without limitation, all sums, monies, or funds
deposited with the City under the Reimbursement Agreement, for the benefit and in favor of
Assignee.
2. Assumption. Assignee hereby accepts, assumes, and agrees to pay, perform, and
discharge, in accordance with the terms thereof, all of the duties, liabilities, and obligations of
Assignor accruing or otherwise attributable to the time period from and after the Effective Date
arising under the Reimbursement Agreement.
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Item 2.
Page 2 of 3
3. Mutual Indemnification. Assignor shall indemnify and hold harmless Assignee
from and against any liability for all obligations arising prior to the Effective Date under the
Reimbursement Agreement. Assignee shall indemnify and hold harmless Assignor from and
against all obligations arising from and after the Effective Date under the Reimbursement
Agreement.
4. Representation and Warranty. Assignor warrants and represents to Assignee that
Assignor is not in default under and knows of no event which, with the passage of time, would
create a default on the part of Assignor under the Reimbursement Agreement.
5. Termination. Section 3 of the Reimbursement Agreement is hereby deleted in its
entirety and replaced with the following:
“This Agreement shall terminate upon the first issuance of the PID Bonds.
Notwithstanding the foregoing, either party may terminate this Agreement prior to
the issuance of the first PID Bonds by providing the other party with five (5)
business days prior written notice, at which time the City shall return all
unexpended funds to Developer.”
6. City Consent. Pursuant to Section 6 of the Reimbursement Agreement, an
assignment or transfer of an interest in the Reimbursement Agreement requires the prior written
consent of the City. By affixing its signature below, the City consents to and does hereby approve
the assignment of Assignor’s right, title, and interest in and to the Reimbursement Agreement to
Assignee, and the amendments to the Reimbursement Agreement as provided herein.
7. Notices Under the Reimbursement Agreement. City and Assignee agree that as of
the Effective Date, Section 7 of the Reimbursement Agreement is hereby revised to provide that
notices to the “Developer” shall be sent to the following address:
“To the Developer: Centurion American Acquisitions, LLC
1800 Valley View Lan, Suite 300
Farmers Branch, Texas 75234
Attn: Jack Dawson (jack@centurionamerican.com)
With Copy to: Attn: Travis Boghetich (travis@txreallaw.com)
Boghetich Law, PLLC d/b/a Texas Real Estate Law
1800 Valley View Lane, Suite 360
Farmers Branch, Texas 75234
8. Governing Law and Venue. This Assignment is being executed and delivered and
is intended to be performed in the State of Texas, and the laws of the State of Texas shall govern
the validity, construction, enforcement, and interpretation of this Assignment. This Agreement is
performable in, and the exclusive venue for any action brought with respect hereto shall lie in
Denton County, Texas.
9. Counterparts. This Assignment may be executed in multiple counterparts, each of
which shall considered an original, but all of which shall constitute one instrument.
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Item 2.
Page 3 of 3
IN WITNESS WHEREOF, the Parties have executed this Assignment to be effective as of
the Effective Date.
ASSIGNOR:
Centurion American Acquisitions, LLC
a Texas limited liability company
By: Pars Investments, Inc.
a Texas corporation
its Manager
By:
Name: Mehrdad Moayedi
Its: President
ASSIGNEE:
Sanger Texas Land Development, LLC
a Texas limited liability company
By:_________________________
Name: ______________________
Its: ________________________
By:_________________________
Name: ______________________
Its: ________________________
CITY:
THE CITY OF SANGER, TEXAS
By: _________________________
Name: _______________________
Title: _______________________
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Item 2.
CITY COUNCIL COMMUNICATION
DATE: December 19, 2022
FROM: Ramie Hammonds, Development Services Director
AGENDA ITEM: Conduct a public hearing on a Replat of Lot 2-R1 and Lot 2-R2 of the Saunders
Addition, being 8.252 acres located within the City of Sanger’s ETJ, generally
located approximately 425 Feet south of the intersection of FM 455 and Indian
Trail.
SUMMARY:
The applicant is proposing to create 2 single family lots of 4.126 acres each, from 1 previously platted
tract of 8.252 acres.
Lot 2-R1 has approximately 318 feet of frontage and Lot 2-R2 has approximately 251 feet of frontage.
There was no right-of-way dedication required.
Staff mailed out 6 notices and at the time of this report has not received any responses.
The property is located in the City of Sanger’s ETJ.
The Planning & Zoning Commission recommended APPROVAL.
FISCAL INFORMATION:
Budgeted: N/A Amount: N/A GL Account: N/A
RECOMMENDED MOTION OR ACTION:
N/A
ATTACHMENTS:
Location Map
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Item 3.
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Item 3.
CITY COUNCIL COMMUNICATION
DATE: December 19, 2022
FROM: Ramie Hammonds, Development Services Director
AGENDA ITEM: Conduct a public hearing on a zoning change from (A) Agricultural District to
(PD) Planned Development for approximately 131.82 acres of land, described as
A1241A TIERWESTER, TR 56, TR 57, AND TR 40 generally located along
Chapman Drive approximately 234 feet west of the intersection of I-35 and
Chapman Drive.
SUMMARY:
The applicant is proposing to rezone the subject property of approximately 131.82 acres from (A)
Agricultural District to (PD) Planned Development zoning.
The development will consist of approximately 29.90 acres of single-family residential, 29.29 acres
of build-to-rent, 33.04 acres of multi-family, 3.07 acres of self-storage, and 25.03 acres of
commercial.
The commercial will front along North Stemmons and Chapman Drive.
There will be 582 multi-family units, 18 townhome units, and 12 duplex units.
Single family will have 140 lots for sale, and 156 lots build to rent.
The multi-family will have 24 private garages and 40 reserved carport spaces.
The multi-family development will have a swimming pool, patio area, and other amenities.
There will be a 3.07-acres of self-storage area with some of the units climate-controlled.
The property is surrounded by (A) Agricultural District and (B-2) Business 2 zoning.
Staff mailed out 33 public hearing notices to owners of properties within 200 feet of the subject
property and at the time of this report had received no responses.
The Planning and Zoning Commission recommended APPROVAL on 12-12-22.
FISCAL INFORMATION:
Budgeted: N/A Amount: N/A GL Account: N/A
RECOMMENDED MOTION OR ACTION:
N/A
ATTACHMENTS:
Location Map
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Item 4.
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Item 4.
CITY COUNCIL COMMUNICATION
DATE: December 19, 2022
FROM: Ramie Hammonds, Development Services Director
AGENDA ITEM: Consideration and possible action on the Replat of Lot 2-R1 and Lot 2-R2 of the
Saunders Addition, being 8.252 acres located within the City of Sanger’s ETJ,
generally located approximately 425 Feet south of the intersection of FM 455
and Indian Trail.
SUMMARY:
The applicant is proposing to create 2 single family lots of 4.126 acres each, from 1 previously platted
tract of 8.252 acres.
Lot 2-R1 has approximately 318 feet of frontage and Lot 2-R2 has approximately 251 feet of frontage.
There was no right-of-way dedication required.
Staff mailed out 6 notices and at the time of this report has not received any responses.
The property is located in the City of Sanger’s ETJ.
The Planning & Zoning Commission recommended APPROVAL.
FISCAL INFORMATION:
Budgeted: N/A Amount: N/A GL Account: N/A
RECOMMENDED MOTION OR ACTION:
Staff recommends APPROVAL.
ATTACHMENTS:
Location Map
Replat
Application
Letter of Intent
19
Item 5.
59 45 5
58 80 5
58 80 3
72 45 11
59 30 9
72 45 10
66 89 95
26 60 41
59 30 4
67 87 20
66 89 96
67 87 19
F M 4 5 5 W
INDIAN TRL
11100INDIAN TRL
10650INDIAN T RL
/Project Name: Sanders AddnReplatProject: 22SANZO N-0057
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DISCLA IMER:This map wa s g en e ra te d by GI S da ta p ro vid edby the S a ng er GIS De pa rtme nt . Th e City o f Sanger do es n ot gu a ra n te e the c orrec tne ss oraccuracy o f a n y fe a tu re s o n th is ma p. Th ese ma pproducts are fo r illust ra tio n pu rpo se s o n ly an dare not suit ab le fo r site -s pe cific d e cision ma king .GIS dat a is su bje ct to co nst an t cha n ge s, an dmay not b e co mple te , a ccu rat e o r cu rren t.Date: 10/2 9/20 2 2 1:44 :5 1 PMDoc Name : 2 2 SA NZON-0 05 7 _S an d ers A dd n Rep latCity L imi ts Exhi bi ts
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LEGEND
= PROPERTY CORNER
= BENCHMARK
= TELEPHONE/UTILITY RISER
= BURIED CABLE MARKER
= TELEPHONE MANHOLE
= POWER/UTILITY POLE
= LIGHT POLE
= GUY WIRE
= ELECTRIC VAULT
= ELECTRIC TRANSFORMER
= WATER METER
= WATER VALVE
(TR/UR)
(BCM)
(TMH)
(PP/UP)
(LP)
(GUY)
(VLT)
(TRAN)
(WM)
(WV)
CIRF
IRF
CIRS
MFCP
WFCP
( )
POB
R.O.W.
= CAPPED IRON ROD FOUND
= CAPPED IRON ROD SET
= METAL FENCE CORNER POST
= METAL FENCE CORNER POST
= PLAT/DEED CALLS
= POINT OF BEGINNING
= RIGHT-OF-WAY
= IRON ROD FOUND
= ASPHALT SURFACE
= CONCRETE SURFACE
= GRAVEL SURFACE
EASEMENT LINES =
DEED/LOT LINES =
WIRE FENCE LINES =
ADJOINER LINES =
XX
OVERHEAD UTILITY =
ASPHALT ROAD =
OHU
LINETYPE LEGEND
PROPERTY LINE =
GRAVEL ROAD =
N
0'60'120'
T
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JOB NO.
22199
DATE:
11/10/2022
DRAWN BY:
T.E.P.
111. N. DIXON ST.
GAINESVILLE, TX 76240
PH. 940-665-9105
SCALE:
1" = 60'
PAGE:
1 OF 1
REPLAT
LOTS 2-R1 & 2-R2
SAUNDERS ADDITION
8.252 ACRES
IN THE W. HENSWORTH SURVEY
ABSTRACT NO. 561
IN THE ETJ OF
THE CITY OF SANGER
DENTON COUNTY, TEXAS
SURVEYORS CERTIFICATE
STATE OF TEXAS §
COUNTY OF DENTON §
I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT AND WAS PREPARED FROM AN
ACTUAL SURVEY ON THE GROUND UNDER MY SUPERVISION.
_____________________________________________________
J.E.THOMPSON II R.P.L.S.
TEXAS REGISTRATION NO. 4857
STATE OF TEXAS §
COUNTY OF DENTON §
BEFORE ME, THE UNDERSIGNED NOTARY IN AND FOR THE STATE OF TEXAS, ON THIS DAY
PERSONALLY APPEARED J.E. THOMPSON II, KNOWN TO ME TO BE THE PERSON, WHOSE NAME
IS SUBSCRIBED TO THE FORGOING INSTRUMENT AND ACKNOWLEDGE TO ME THAT HE
EXECUTED THE SAME FOR THE PURPOSE AND CONSIDERATION THEREIN EXPRESSED AND IN
THE CAPACITY THEREIN STATED.
GIVEN UNDER MY HAND AND SEAL OF THE OFFICE THIS ____________ DAY OF
__________________ 2022.
____________________________________
NOTARY PUBLIC IN THE STATE OF TEXAS.
MY COMMISSION EXPIRES _______________________.
OWNERS
EDDY WINDLE
10650 INDIAN TRL
SANGER, TX, 76266
AUDREY PARKER
10650 INDIAN TRL
SANGER, TX, 76266
SURVEYOR
J.E. THOMPSON II
ALL AMERICAN SURVEYING
301 W. BROADWAY ST.
GAINESVILLE, TX 76240
PH. 940-665-9105
CITY REQUIRED GENERAL NOTES:
1.WATER SERVICE TO BE PROVIDED BY BOLIVAR
WATER SUPPLY CORPORATION, 4151 F.M. 455,
SANGER, TX 76266, (940) 458-3931.
2.SANITARY SEWER TO BE PROVIDED BY PRIVATE
FACILITIES AS APPROVED BY THE DENTON
COUNTY HEALTH DEPARTMENT.
3.ELECTRIC SERVICE TO BE PROVIDED BY COSERV
ELECTRIC, 7701 S. STEMMONS FWY, CORINTH TX,
76210, (940) 321-7800
4.THE MAINTENANCE OF PAVING, GRADING AND
DRAINAGE IMPROVEMENTS AND/OR EASEMENTS
SHOWN ON THIS PLAT ARE THE RESPONSIBILITY
OF THE INDIVIDUAL PROPERTY OWNERS AND DO
NOT CONSTITUTE ACCEPTANCE OF SAME FOR
MAINTENANCE PURPOSES BY DENTON COUNTY.
5.A DRIVEWAY CULVERT PERMIT MUST BE
OBTAINED FROM THE DENTON COUNTY
CENTRALIZED ROAD & BRIDGE DEPARTMENT BY
THE OWNER OF EACH LOT PRIOR TO THE
CONSTRUCTION, INSTALLATION, OR PLACEMENT
OF ANY DRIVEWAY ACCESS IMPROVEMENTS
WITHIN THE DEDICATED RIGHT-OF-WAY.
6.NOTICE: SELLING A PORTION OF THIS ADDITION BY
METES AND BOUNDS IN LIEU OF A PLAT, PRIOR TO
PLATTING, IS A VIOLATION OF CITY ORDINANCE
AND STATE LAW AND IS SUBJECT TO FINES AND
WITHHOLDING OF UTILITIES AND BUILDING
PERMITS.
7.FLOOD STATEMENT: I HAVE EXAMINED THE
F.E.M.A. FLOOD INSURANCE RATE MAP FOR
DENTON COUNTY, TEXAS, COMMUNITY NUMBER
48121C, EFFECTIVE DATE 4-18-11 AND THAT MAP
INDICATES THAT THIS PROPERTY IS WITHIN
"NON-SHADED ZONE X" DEFINED AS "AREAS
DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL
CHANCE FLOODPLAIN" AS SHOWN IN PANEL 0185 G
OF SAID MAP. THIS FLOOD STATEMENT DOES NOT
IMPLY THAT THE PROPERTY AND/OR STRUCTURES
THEREON WILL BE FREE FROM FLOODING OR
FLOOD DAMAGE, ON RARE OCCASIONS, GREATER
FLOODS CAN AND WILL OCCUR AND FLOOD
HEIGHTS MAY BE INCREASED BY MAN-MADE OR
NATURAL CAUSES. THIS FLOOD STATEMENT
SHALL NOT CREATE LIABILITY ON THE PART OF
THE SURVEYOR.
8.THE CITY OF SANGER OR DENTON COUNTY WILL
NOT BE RESPONSIBLE FOR ANY DAMAGE,
PERSONAL INJURY OR LOSS OF LIFE OR
PROPERTY OCCASIONED BY FLOODING OR
FLOODING CONDITIONS.
9.CONSTRUCTION NOT COMPLETE WITHIN TWO
YEARS OF THE COMMISSIONERS COURT
APPROVAL SHALL BE SUBJECT TO CURRENT
COUNTY SUBDIVISION RULES AND REGULATIONS.
10.NO CONSTRUCTION, WITHOUT WRITTEN
APPROVAL FROM THE CITY OF SANGER OR
DENTON COUNTY SHALL BE ALLOWED WITHIN AN
IDENTIFIED "FIRM" FLOODPLAIN AREA, AND THEN
ONLY AFTER A DETAILED FLOODPLAIN
DEVELOPMENT PERMIT INCLUDING ENGINEERING
PLANS AND STUDIES SHOW THAT NO RISE IN THE
BASE FLOOD ELEVATION (BFE) WILL RESULT, THAT
NO FLOODING WILL RESULT, THAT NO
OBSTRUCTION TO THE NATURAL FLOW OF WATER
WILL RESULT; AND SUBJECT TO ALL OWNERS OF
THE PROPERTY AFFECTED BY SUCH
CONSTRUCTION BECOMING A PARTY TO THE
REQUEST. WHERE CONSTRUCTION IS PERMITTED,
ALL FINISHED FLOOR ELEVATIONS SHALL BE A
MINIMUM OF ONE FOOT ABOVE THE 100-YEAR
FLOOD ELEVATION.
11.BEARING BASIS DERIVED FROM GPS
OBSERVATIONS MADE ON THE GROUND. TEXAS
NORTH CENTRAL NAD 83.
12.APPROXIMATE LOCATION OF SURVEY LINES
SHOWN PER PRIOR DEED REFERENCE AND/OR
OTHER THIRD PARTY SOURCES.
OWNER'S DEDICATION
WHEREAS EDDY WINDLE AND AUDREY PARKER ARE THE OWNERS OF ALL THAT CERTAIN TRACT
OR PARCEL OF LAND SITUATED IN THE W. HENSWORTH SURVEY, ABSTRACT NUMBER 561,
DENTON COUNTY, TEXAS AND BEING ALL OF LOT 2, SAUNDERS ADDITION AS RECORDED IN
DOCUMENT NUMBER 2016-75 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE TRACT BEING DESCRIBED HEREIN, IN THE
EAST RIGHT OF WAY LINE OF INDIAN TRAIL, AT THE SOUTHWEST CORNER OF SAID LOT 2 AND
THE NORTHWEST CORNER OF A CALLED 12.018 ACRE TRACT OF LAND DESCRIBED IN THE DEED
TO EDDY D. AND AUDREY S. WINDLE AS RECORDED IN DOCUMENT NUMBER 2020-199599 AND
IN THE SOUTHEAST RIGHT OF WAY LINE OF INDIAN TRAIL;
THENCE NORTH 34 DEGREES 37 MINUTES 50 SECONDS EAST WITH SAID SOUTHEAST RIGHT OF
WAY LINE AND THE WEST LINE OF SAID LOT 2 A DISTANCE OF 570.01 FEET TO A CAPPED IRON
ROD FOUND FOR CORNER AT THE NORTHWEST CORNER OF SAID LOT 2 AND THE SOUTHWEST
CORNER OF LOT 1 OF SAID SAUNDERS ADDITION, FROM WHICH A CAPPED IRON ROD FOUND
AT THE NORTHWEST CORNER OF SAID LOT 1 BEARS NORTH 34 DEGREES 37 MINUTES 50
SECONDS EAST A DISTANCE OF 337.78 FEET;
THENCE SOUTH 89 DEGREES 49 MINUTES 35 SECONDS EAST WITH THE NORTH LINE OF SAID
LOT 2 AND THE SOUTH LINE OF SAID LOT 1 A DISTANCE OF 619.24 FEET TO A CAPPED IRON ROD
FOUND FOR CORNER AT THE SOUTHEAST CORNER OF SAID LOT 1 AND IN THE WEST LINE OF A
CALLED 62.539 ACRE TRACT OF LAND DESCRIBED IN THE DEED TO BOLIVAR CLEAR CREEK
RANCH, INC. AS RECORDED IN DOCUMENT NUMBER 2015--95232 OF THE REAL PROPERTY
RECORDS OF DENTON COUNTY, TEXAS;
THENCE WITH THE WEST LINE OF SAID 62.539 ACRE TRACT FOR THE FOLLOWING FIVE (5) CALLS
AND DISTANCES:
1.SOUTH 32 DEGREES 35 MINUTES 49 SECONDS WEST A DISTANCE OF 109.86 FEET TO A
POINT FOR CORNER;
2.SOUTH 39 DEGREES 29 MINUTES 25 SECONDS EAST A DISTANCE OF 66.66 FEET TO A POINT
FOR CORNER;
3.SOUTH 15 DEGREES 11 MINUTES 01 SECONDS EAST A DISTANCE OF 60.39 FEET TO A POINT
FOR CORNER;
4.SOUTH 24 DEGREES 00 MINUTES 51 SECONDS WEST A DISTANCE OF 32.29 FEET TO A
POINT FOR CORNER;
5.SOUTH 02 DEGREES 11 MINUTES 28 SECONDS EAST A DISTANCE OF 238.39 FEET TO A
POINT FOR CORNER AT THE SOUTHEAST CORNER OF SAID LOT 2 AND THE NORTHEAST
CORNER OF SAID 12.018 ACRE TRACT;
THENCE NORTH 89 DEGREES 49 MINUTES 35 SECONDS WEST WITH THE SOUTH LINE OF SAID
LOT 2 AND THE NORTH LINE OF SAID 12.018 ACRE TRACT A DISTANCE OF 938.16 FEET TO THE
PLACE OF BEGINNING AND CONTAINING 8.252 ACRES OF LAND, MORE OR LESS.
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS THAT, EDDY WINDLE, DOES
ADOPT THIS PLAT DESIGNATING THE HEREIN DESCRIBED PROPERTY AS THE REPLAT OF
LOT 2 OF SAUNDERS ADDITION, AN ADDITION TO THE ETJ OF THE CITY OF SANGER,
DENTON COUNTY, TEXAS AND DO HEREBY DEDICATE TO THE PUBLIC USE FOREVER,
THE STREETS RIGHTS-OF-WAY AND PUBLIC EASEMENTS SHOWN HEREON.
_____________________________________________________
EDDY WINDLE
STATE OF TEXAS
BEFORE ME, THE UNDERSIGNED NOTARY IN AND FOR THE STATE OF TEXAS, ON THIS
DAY PERSONALLY APPEARED CHARLES SAUNDERS, KNOWN TO ME TO BE THE PERSON,
WHOSE NAME IS SUBSCRIBED TO THE FORGOING INSTRUMENT AND ACKNOWLEDGE TO
ME THAT HE EXECUTED THE SAME FOR THE PURPOSE AND CONSIDERATION THEREIN
EXPRESSED AND IN THE CAPACITY THEREIN STATED.
GIVEN UNDER MY HAND AND SEAL OF THE OFFICE THIS ____________ DAY OF
__________________ 2022.
___________________________________
NOTARY PUBLIC IN THE STATE OF TEXAS.
MY COMMISSION EXPIRES _______________________.
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS THAT, AUDREY PARKER, DOES
ADOPT THIS PLAT DESIGNATING THE HEREIN DESCRIBED PROPERTY AS THE REPLAT
OF LOT 2 OF SAUNDERS ADDITION, AN ADDITION TO THE ETJ OF THE CITY OF SANGER,
DENTON COUNTY, TEXAS AND DO HEREBY DEDICATE TO THE PUBLIC USE FOREVER,
THE STREETS RIGHTS-OF-WAY AND PUBLIC EASEMENTS SHOWN HEREON.
_____________________________________________________
AUDREY PARKER
STATE OF TEXAS
BEFORE ME, THE UNDERSIGNED NOTARY IN AND FOR THE STATE OF TEXAS, ON THIS
DAY PERSONALLY APPEARED CHARLES SAUNDERS, KNOWN TO ME TO BE THE PERSON,
WHOSE NAME IS SUBSCRIBED TO THE FORGOING INSTRUMENT AND ACKNOWLEDGE TO
ME THAT HE EXECUTED THE SAME FOR THE PURPOSE AND CONSIDERATION THEREIN
EXPRESSED AND IN THE CAPACITY THEREIN STATED.
GIVEN UNDER MY HAND AND SEAL OF THE OFFICE THIS ____________ DAY OF
__________________ 2022.
___________________________________
NOTARY PUBLIC IN THE STATE OF TEXAS.
MY COMMISSION EXPIRES _______________________.
APPROVED AND ACCEPTED
______________________________________________
CHAIRMAN, PLANNING & ZONING COMMISSION
CITY OF SANGER, TEXAS
______________________________________________
MAYOR, CITY OF SANGER, TEXAS DATE
ATTESTED BY
______________________________________________
CITY SECRETARY, CITY OF SANGER, TEXAS
VICINITY MAP
(NOT TO SCALE)
N
(1 INCH = 60 FEET)
COUNTY REQUIRED GENERAL NOTES:
1.THE MAINTENANCE OF PAVING, GRADING AND DRAINAGE
IMPROVEMENT AND/OR EASEMENTS SHOWN ON THIS
PLAT ARE THE RESPONSIBILITY OF THE INDIVIDUAL
PROPERTY OWNERS AND DON NOT CONSTITUTE
ACCEPTANCE OF SAME FOR MAINTENANCE PURPOSES
BY DENTON COUNTY.
2.DENTON COUNTY WILL NOT BE RESPONSIBLE FOR ANY
DAMAGE, PERSONAL INJURY OR LOSS OF LIFE OR
PROPERTY OCCASIONED BY FLOODING OR FLOODING
CONDITIONS.
3.ALL SURFACE DRAINAGE EASEMENTS SHALL BE KEPT
FREE OF FENCES, BUILDINGS, FOUNDATION, PLANTINGS,
AND OTHER OBSTRUCTIONS TO THE OPERATIONS AND
MAINTENANCE OF THE DRAINAGE FACILITY.
4.BLOCKING THE FLOW OF WATER OR CONSTRUCTING
IMPROVEMENTS IN SURFACE DRAINAGE EASEMENTS,
AND FILLING OR OBSTRUCTING THE FLOODING
CONDITIONS IS PROHIBITED.
5.THE EXISTING CREEKS OR DRAINAGE CHANNELS
TRAVERSING ALONG OR ACROSS THE ADDITION WILL
REMAIN AS OPEN CHANNELS AND WILL BE MAINTAINED
BY THE INDIVIDUAL PROPERTY OWNERS OF THE LOT OR
LOTS THAT ARE TRAVERSED BY OR ADJACENT TO THE
DRAINAGE COURSES ALONG OR ACROSS THE LOTS.
6.CONSTRUCTION NOT COMPLETE WITHIN TWO YEARS OF
THE COMMISSIONERS COURT APPROVAL SHALL BE
SUBJECT TO CURRENT COUNTY SUBDIVISION RULES AND
REGULATIONS.
7.A DRIVEWAY CULVERT MUST BE OBTAINED FROM TXDOT
BY THE OWNER OF EACH LOT PRIOR TO THE
CONSTRUCTION, INSTALLATION OR PLACEMENT OF ANY
DRIVEWAY ACCESS IMPROVEMENTS WITHIN THE
DEDICATED RIGHT-OF-WAY.
8.NO CONSTRUCTION, WITHOUT WRITTEN APPROVAL FROM
DENTON COUNTY SHALL BE ALLOWED WITHIN AN
IDENTIFIED "FIRM" FLOODPLAIN AREA, AND THEN ONLY
AFTER A DETAILED FLOODPLAIN DEVELOPMENT PERMIT
INCLUDING ENGINEERING PLANS AND STUDIES SHOW
THAT NO RISE IN THE BASE FLOOD ELEVATION (BFE) WILL
RESULT, THAT NO FLOODING WILL RESULT, THAT NO
OBSTRUCTION TO THE NATURAL FLOW OF WATER WILL
RESULT; AND SUBJECT TO ALL OWNERS OF THE
PROPERTY AFFECTED BY SUCH CONSTRUCTION
BECOMING A PARTY TO THE REQUEST. WHERE
CONSTRUCTION IS PERMITTED, ALL FINISHED FLOOR
ELEVATIONS SHALL BE A MINIMUM OF TWO FEET ABOVE
THE 100-YEAR FLOOD ELEVATION.
9.DENTON COUNTY SHALL NOT BE RESPONSIBLE FOR
MAINTENANCE OF PRIVATE STREETS, DRIVES,
EMERGENCY ACCESS EASEMENTS, RECREATION AREAS
AND OPEN SPACES; AND THE OWNERS SHALL BE
RESPONSIBLE FOR THE MAINTENANCE OF PRIVATE
STREETS, DRIVES, EMERGENCY ACCESS EASEMENTS,
RECREATION AREAS AND OPEN SPACES, AND SAID
OWNERS AGREE TO INDEMNIFY AND HOLD HARMLESS
DENTON COUNTY FROM ALL CLAIMS, DAMAGES, AND
LOSSES ARISING OUT OF OR RESULTING FROM
PERFORMANCE OF THE OBLIGATIONS OF SAID OWNERS
SET FORTH IN THIS PARAGRAPH.
10.THE PURPOSE OF THIS PLAT IS TO CREATE 2
RESIDENTIAL LOTS.
21
Item 5.
22
Item 5.
23
Item 5.
CITY COUNCIL COMMUNICATION
DATE: December 19, 2022
FROM: Ramie Hammonds, Development Services Director
AGENDA ITEM: Consideration and possible action on Ordinance No. 12-32-22 regarding a zoning
change from (A) Agricultural District to (PD) Planned Development for
approximately 131.82 acres of land, described as A1241A TIERWESTER, TR 56,
TR 57, AND TR 40 generally located along Chapman Drive approximately 234
feet west of the intersection of I-35 and Chapman Drive.
SUMMARY:
The applicant is proposing to rezone the subject property of approximately 131.82 acres from (A)
Agricultural District to (PD) Planned Development zoning.
The development will consist of approximately 29.90 acres of single-family residential, 29.29 acres
of build-to-rent, 33.04 acres of multi-family, 3.07 acres of self-storage, and 25.03 acres of
commercial.
The commercial will front along North Stemmons and Chapman Drive.
There will be 582 multi-family units, 18 townhome units, and 12 duplex units.
Single family will have 140 lots for sale, and 156 lots build to rent.
The multi-family will have 24 private garages and 40 reserved carport spaces.
The multi-family development will have a swimming pool, patio area, and other amenities.
There will be a 3.07-acres of self-storage area with some of the units climate-controlled.
The property is surrounded by (A) Agricultural District and (B-2) Business 2 zoning.
Staff mailed out 33 public hearing notices to owners of properties within 200 feet of the subject
property and at the time of this report had received no responses.
The Planning and Zoning Commission recommended APPROVAL on 12-12-22.
FISCAL INFORMATION:
Budgeted: N/A Amount: N/A GL Account: N/A
RECOMMENDED MOTION OR ACTION:
Staff recommends APPROVAL.
ATTACHMENTS:
Location Map
Ordinance No. 12-32-22
PD with Exhibits
Application
Letter of Intent
Layout and Conceptual Plans for Residential and Multi-Family Development
24
Item 6.
S F -1 0SF-1 0SF-1 0SF-1 0 AA
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/Location: Inter state 35 StemmonsPD Zoning Change RequestProject: 22SANZO N-0064 DISCLA IMER:This map was g en e ra te d by GI S da ta p ro vid edby the S anger GIS De pa rtme nt . Th e City o f Sanger does not gu a ra n te e the c orrec tne ss oraccuracy of any fe a tu re s o n th is ma p. Th ese ma pproducts are fo r illust ra tio n pu rpo se s o n ly an dare not suit able fo r site -s pe cific d e cision ma king .GIS dat a is subje ct to co nst an t cha n ge s, an dmay not be comple te , a ccu rat e o r cu rren t.
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Item 6.
Ordinance – 12-32-22 – I-35 and Chapman Drive - PD
Page 1 of 2
CITY OF SANGER, TEXAS
ORDINANCE 12-32-22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER, DENTON
COUNTY, TEXAS, REGARDING AMENDING THE ZONING MAP OF
APPROXIMATELY 131.82 ACRES OF LAND DESCRIBED AS A1241A TIERWESTER,
TR 56, TR 57 AND TR 40 FROM AGRICULTURAL (A) TO PLANNED DEVELOPMENT
(PD); PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT;
PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR A SEVERABILITY
CLAUSE; PROVIDING FOR A PENALTY OF FINE IN ACCORDANCE WITH
SECTION 1.109 OF THE CODE OF ORDINANCE FOR VIOLATIONS; AND
PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Sanger (the “City”) is a home rule municipality regulated by state
law and Charter; and
WHEREAS, the City Council finds it necessary for the public health, safety, and welfare
that development occur in a controlled and orderly manner; and
WHEREAS, the Planning and Zoning Commission on December 12, 2022, duly covered
and conducted public hearing for the purpose of assessing a request for amendment to the Zoning
Map, recommending approval for the hereinafter described property; and
WHEREAS, all requests for amendment to the Zoning Map were duly filed with the City
of Sanger, Texas, concerning the hereinafter described property; and
WHEREAS, the following provisions of proper legal notice requirements, including
written notice to owners within 200 feet of the subject property, were made in the time and manner
prescribed by law; and
WHEREAS, the City Council finds that the passage of this Ordinance is in the best interest
of the citizens of Sanger.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SANGER, TEXAS:
SECTION 1. That an amendment to the Zoning Map from Agricultural (A) to Planned
Development (PD) is hereby granted for the property generally located along I-35 and Chapman
Drive approximately 234 feet west of the intersection of I-35 and Chapman Drive and described
in Exhibit A-E.
SECTION 2. That all matters stated in the preamble are found to be true and correct and
are incorporated herein as if copied in their entirety.
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Item 6.
Ordinance – 12-32-22 – I-35 and Chapman Drive - PD
Page 2 of 2
SECTION 3. It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses, phrases and words of this Ordinance are severable and, if any
word, phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining portions of this Ordinance, since the same
would have been enacted by the City Council without the incorporation in this Ordinance of any
such unconstitutional word, phrase, clause, sentence, paragraph, or section.
SECTION 4. Any person, firm or corporation who shall violate any of the provisions of
this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance
with the general penalty provision found in The Code of Ordinances, Section 1.109 General
Penalty for Violations of Code.
SECTION 5. This ordinance will take effect immediately from and after its passage and
the publication of the caption, as the law and Charter in such cases provide.
PASSED AND APPROVED by the City Council of the City of Sanger, Texas, on this
19th day of December, 2022.
APPROVED:
________________________________
ATTEST: Thomas E. Muir, Mayor
________________________________ APPROVED TO FORM:
Kelly Edwards, City Secretary
________________________________
Hugh Coleman, City Attorney
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Item 6.
1
City of Sanger
SECTION 1 – PLANNED DEVELOPMENT SUMMARY AND PURPOSE
Use of the Property shall comply with the general use areas shown as Residential, Non-Residential, and
Park/Open Space on the Master Site Plan attached as Exhibit A, as it may be amended in accordance with
this section, and with the use chart for each general use area as set forth in Exhibit B. The developer may
change the boundaries and area of any use area by up to a cumulative amount of ten percent of the land
area for each land use area. Any change to the Master Site Plan must be submitted to the Director of
Development Services to ensure it is in compliance with this section, and the amended Master Site Plan
will become a part of the permanent file maintained by the Director of Development Services for this
Planned Development (PD). Any land use changes exceeding the ten percent of the land area for each
land use area or changes that deviate from the planned development design standards or City of Sanger
Code of Ordinances will need to be presented before Planning and Zoning and City Council for approval.
Areas shown on the Master Site Plan as Residential are considered to be residential zoning areas, all other
parts of the Property are considered to be nonresidential zoning areas.
Any item not addressed in this PD will conform to the City of Sanger Code of Ordinances.
SECTION 2 – DEFINITIONS
A. Definitions. Terms used within this PD, including its exhibits, shall be defined as stated below. If a
term is not listed below, the definition in the Zoning Ordinance shall apply.
1. Active Park – means a park intended to support activities and equipped with improvements
to promote activities, such as picnic tables, shade structures, dog parks and playgrounds.
2. Amenity Center – means an accessory use to a residential development that may consist of
one or more buildings and structures and that may include, but is not limited to, meeting
space, recreational facilities (such as a swimming pool and playground).
3. Block face – means one side of a block between two streets.
4. Boulevard – means a street divided by a median.
5. Build-to-Rent – Single family detached or attached dwelling unit, either platted on an
individual lot or multiple dwelling units platted on one lot, for the purpose of lease to
individual households.
6. Facade – means any separate face of a building that encloses or covers usable space. A roof
is not a facade.
7. Gas Well Drilling and Production – means development, exploration, and production of
natural gas.
8. General Retail Store, Other Than Listed – means a facility or area for the retail sale of general
merchandise or food, but does not include uses specifically listed in this PD.
28
Item 6.
2
9. Height – means the vertical distance measured from grade to the highest point of a structure
(including a sign).
10. Land Use Category – means one of the following land use categories identified on the
permitted use table attached as Exhibit B.
11. Large Scale Retail – means a single use retail building that complies with the requirements in
Section 6.B of this PD.
12. Masonry – means stone or brick laid up unit by unit and set in mortar, or stucco panels.
13. Multifamily – means a building used or designed as a residence for three or more families or
households living independently of each other on the same lot.
14. Non-residential building or non-residential development - means a building or a lot containing
one or more uses that are not single family or multifamily.
15. Non-residential use – means a use that is not exclusively single family or multifamily.
16. Open Space – means property that is one of the following: a public park, a private park
accessible to residents living on the Property, or an undeveloped space open to the sky and
accessible by the public and located on private property, such as native mitigation areas or
trails, except for development allowed in open space in this PD.
17. Parkway – means the area between a sidewalk and the back of curb.
18. PD – means this Planned Development District.
19. Personal Services – means a facility or area for the sale of personal services, such as a spa or
salon, a tailor, a florist, or a pet grooming shop.
20. Pocket Park – means a park that is less than one acre in size.
21. Property – means the property depicted on the attached Exhibit C and described by metes
and bounds on the attached Exhibit D.
22. Residential Building or Residential Development – means a building or a lot with single family
or multifamily use.
23. Residential Use - means single family homes detached or attached for sale and for lease, or
multifamily use.
24. Single Family Detached – means a single-family dwelling on a separate lot that fronts on a
street, a place, or a court, that is not attached to another dwelling unit.
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Item 6.
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25. Single Family Attached – means a single-family dwelling unit that is attached to another
dwelling unit such as a townhome or cottage style residence in groups of two and six dwelling
units making up one building.
26. Temporary Use – means of limited duration; not permanent; and/or means a facility or area
used as a temporary field construction office, storage of construction equipment and
materials associated with an active permit to demolish or construct.
SECTION 3 – SPECIAL REGULATIONS
A. Any phasing information or development schedule shown on a plat or in documents
accompanying a plat shall be informational only and subject to change by the Owner.
B. This PD will adhere to the City of Sanger Code of Ordinances Chapter 10: Subdivision Regulations.
C. A preliminary plat shall be recommended for approval by the Planning and Zoning Commission
and approved by the City Council if the following standards have been met:
1. The plat conforms to the Master Site Plan.
2. The plat conforms to the Planned Development Regulations.
3. The plan conforms to the Subdivision Regulations (Chapter 10).
SECTION 4 – PERMITTED USES
A. PRINCIPAL USES.
1. See Permitted Uses Table Exhibit B.
Permitted Use Acreage
Single-Family +/- 29.9
Build-to-Rent +/- 28.29
Multifamily +/- 33.04
Non-Residential +/- 25.03
Storage +/- 3.07
B. ACCESSORY USES.
1. Accessory outside storage on a single-family lot.
2. Accessory swimming pool, private.
3. Amenity Center.
4. Detached Garages.
5. Carports.
6. Accessory storage units for multifamily purposes.
7. Maintenance building.
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Item 6.
4
SECTION 5 – RESIDENTIAL DEVELOPMENT STANDARDS
A. BULK REQUIREMENTS FOR RESIDENTIAL DEVELOPMENT
1. Swimming pools and accessory outside storage units shall have a minimum five-foot setback
from rear and side property lines, however, the setback applies only to the swimming pool or
structure, and not to associated decking or paving around the pool or structure.
2. TABLE 5.1 Residential Building Setback and Area Requirements
Single Family
Detached 40’ Lots
Single Family
Detached 50’ Lots
Single Family
Detached 70’ Lots Multifamily
Unit Count or DUA 200 Lots 84 Lots 12 Lots 20 DUA or 612
units
Min. Lot Area 4,400 SF 5,500 SF 7,700 SF N/A
Min. Lot Width 40’ 50’ 70’ N/A
Min. Lot Depth 110’ 110’ 110’ N/A
Min. Front Setback 20’ 20’ 20’ 20’
Min. Side Setback 5’ 5’ 5’ 5’
Side Street Setback 10’ 10’ 10’ N/A
Min. Rear Setback 10’ / 5’ for rear
garages
10’ / 5’ for rear
garages
10’ / 5’ for rear
garages 10’
Min. Dwelling Size 1300 SF 1500 SF 2000 SF 700 SF
Max. Lot Coverage 60% 60% 60% 75%
Max. Structure
Height 2 Stories / 40’ 2 Stories / 40’ 2 Stories / 40’ 3 Stories / 54’
B. RESIDENTIAL DESIGN STANDARDS
1. Design Features for Single Family Residential Buildings
a. Except as otherwise provided below, all Single Family Residential attached or
detached buildings will comply with the City of Sanger Exterior Façade Design Criteria
Manual Points System – dated October 7, 2019.
i. Material percentages are calculated from the finished floor to the top plate
at the upper floor.
ii. Single-family attached dwelling units are permitted to be platted with
multifamily lots, not individually.
iii. Single-family attached dwelling units are not required to appear as a single
unit.
iv. Single-family attached buildings will follow adopted International Building
Code (IBC) for fire rated walls.
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Item 6.
5
v. Repeated elevations for single family attached homes on multifamily platted
lots are permitted.
vi. Rear-facing garages served from an alley shall be located a maximum of 5 feet
from the rear property line. Additional on-street parking shall be provided in
designated areas.
2. Design Features for Multifamily Buildings
a. Except as otherwise provided below, all multifamily buildings will comply with the
City of Sanger Exterior Façade Design Criteria Manual Points System – dated October
7, 2019.
i. Each multifamily development phase shall provide three of the following
amenities:
a. Swimming pool
b. Fitness center
c. Clubhouse with 1,000 square feet of community gathering space
d. Covered Picnic Area
e. Dog Park of at least 2,000 square feet in area
f. One regulation size pickle ball court, or
g. An alternative amenity approved by the Director of Development
Services
ii. Material percentages are calculated from the finished floor to the top plate
at the upper floor.
iii. Covered parking structures shall be designed to be architecturally compatible
with the main multifamily structures. Exposed steel or timber support
columns shall be permitted.
SECTION 6 – NON-RESIDENTIAL DEVELOPMENT STANDARDS
A. BULK REQUIREMENTS FOR NON-RESIDENTIAL DEVELOPMENT
TABLE 5.2 Non-Residential Requirements
Requirement Non-Residential
Min. Lot Area None
Min. Front Setback 25’
Min. Side Setback 0’
Min. Rear Setback 20’
Max. Lot Coverage 50%
Min. Street Corner Setback 20’
Max. Structure Height 60’
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Item 6.
6
B. NON-RESIDENTIAL DESIGN STANDARDS
1. Design Features for Non-Residential Buildings
a. All buildings must include at least four of the following architectural design
elements:
i. Canopies, awnings, or porticos;
ii. Arcades;
iii. Display windows;
iv. Architectural details (such as tile work and moldings) integrated into the
building façade;
v. Articulated ground floor levels or base;
vi. Articulated cornice line;
vii. A combination of no more than two buildings materials constituting a
minimum of 60% of the total exterior walls, differentiated by texture, or
material, and may be a combination of primary and secondary masonry
materials; and
viii. Other architectural features as approved by the Director of Development
Services.
2. Transparency.
a. Each commercial and retail floor on a primary façade shall contain at least 50% doors
and windows. 25% of primary façade windows shall include two of the following:
i. Veranda, Terrace, porch or balcony (accessible for single units) minimum 4
feet deep.
ii. Trellis
iii. Shed roof awning
iv. Bay windows
v. Bow window
vi. Transom windows
vii. Arched windows
viii. Gable windows
ix. Oval or round windows
x. Shutters
xi. Decorative stone or brick band
xii. Projecting trim casings or surrounds
xiii. Projecting muntins or mullions and/or other elements which cause the
formation of shadows on the window and the adjacent façade, or
xiv. Other features as approved by the Director of Development Services.
b. This provision does not apply to office use development.
3. Façade Finish
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Item 6.
7
All nonresidential buildings shall be architecturally finished on all four sides with same
materials, color, detailing, and features, except the rear if two rows of 3” caliper trees that
are planted one every 30 feet on center along the perimeter behind the building. In this
case, the architectural finish must match the remainder of the building in color only.
4. Articulation Standards
Any primary façade shall include projections or recesses and vertical variation in the roof line
in accordance with the horizontal and vertical articulation requirements set forth below:
a. Horizontal Articulation
i. A building façade greater than 50 feet in horizontal length, may not extend
for a distance greater than five times its average height without a
perpendicular offset of at least ten percent of such building height.
ii. For building with façade length greater than 50 feet, the total length of all
façade walls in a single plane may not exceed 60 percent of the total façade
length without an offset of at least ten percent of the building height.
b. Vertical Articulation
ii. For buildings greater than 50 feet in horizontal length, the horizontal wall may
not extend for a distance greater than five times its height without a change
in elevation of at least 10 percent of such height.
iii. The total length of all vertical elevation changes in the roofline shall be no
less than 10 percent and no more than 40 percent of the total façade length.
5. Building Entrance Standards
a. Any front building entrance shall be set back at least 15 feet from the drive aisle.
b. Single-use or multitenant buildings over 50,000 square feet in size shall provide
clearly defined, highly visible customer or employee entrances with the integration
of awnings or similar architectural features.
6. Canopy Standards
The following provisions shall apply to canopies associated with an ATM canopy, gas station
canopy, drive-thru canopy, carport, and other similar auto oriented canopies:
a. Canopies shall be constructed of roof buildings material consistent with that of the
principal building.
b. Canopy columns shall be finished with material and color matching the main building.
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Item 6.
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c. In no case shall the canopy height exceed 20 feet unless approved by the Director of
Development Services.
7. Drive-Thru
Drive-thru facilities shall be located to the side or rear of the structure and will meet the City’s
stacking and parking requirements, unless site constraints limit such orientation, as
determined by the Director of Development Services.
8. Overhead Doors
a. Overhead doors shall not be located closer than 50 feet to a conforming residential
lot.
b. Overhead doors shall be oriented to the side or rear of the structure and not front or
face a public right-of-way or public street with the following exceptions:
i. An automotive use with a maximum of 4 single, service bays may orient toward a
public street only when structural awnings of at least 4 feet are provided over the
extent of the overhead doors, or equivalent structural projections are provided
in front of the overhead doors to reduce the visual impact of the service bays
from the street.
ii. A roll up, garage type door installed in a restaurant or bar may be permitted to
face a public street if it is architecturally integrated into the building and provides
a pedestrian connection with a covered outdoor patio area.
iii. When physical site constraints prevent such orientation, the Director of
Development Services may consider and approve alternatives
9. Loading Docks
a. Loading docks shall not be located closer than 40 feet to a conforming residential lot.
b. Loading docks shall be oriented to the side or rear of buildings, and oriented to not front
the public right-of-way, not be visible or face a public street, main drive aisle, or patron
parking lot.
c. When physical site constraints prevent such orientation, the Director of Development
Services may consider and approve an alternative.
10. Exterior Colors
All nonresidential buildings shall meet the following exterior color requirements:
a. A minimum of 80% of all building elevations shall be finished with complimentary neutral,
cream, or deep, rich, non-reflective earth tone colors.
b. No more than 20% of any building elevation may be finished with bright, pure tone
primary or secondary colors. These colors shall be limited to use on accent features
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Item 6.
9
including, but not limited to window and door frames, moldings, cornices, canopies, and
awnings.
c. These percentages may be modified upon approval of the Director of Development
Services in special cases if the building’s elevation maintains sufficient visual continuity.
SECTION 7 – OTHER GENERAL DEVELOPMENT STANDARDS
A. LANDSCAPING
1. Residential Single Family Detached Landscape Requirements. Except as otherwise provided
below, landscape requirements shall comply with Section 48, Landscape Regulations of the
Zoning Ordinance.
a. Each single-family residence shall have an irrigation system in the front yard and street
corner side yard.
b. Each single-family lot shall have a minimum of two shade trees planted that are at least
three caliper inches. One must be in front yard.
c. All required trees shall be selected from an approved tree list at Site Plan approval.
d. Each home lot shall have a minimum of ten (10) shrubs placed in the front yard. Individual
shrubs shall be a minimum of three (3) gallons in size when planted.
2. Multifamily, Townhome, Cottage, and Non-residential Uses Landscaped Requirements. All
landscape requirements shall comply with Sections 48.4 and 48.5, Landscape Regulations of
the Zoning Ordinance.
B. ENTRANCE REQUIREMENTS
The development entrances from major roadways shall provide a monument sign with lighting
and one additional of the following additional landscaping elements:
a. Textured or decorative pavement.
b. Enhanced landscaping and/or planting beds with irrigation.
c. Other landscaping elements as approved by the Director of Development
Services.
C. OPEN SPACE
1. The residential portions shall be developed with privately maintained open space located
throughout the PD, exclusive of the open space and/or landscaped areas provided on the
individual residential lots.
a. Multifamily Phase I – 5 acres minimum
b. Multifamily Phase II – 5 acres minimum
c. Single Family - 13 acres minimum
2. Common areas shall include floodplain, ponds, detention areas, and small open spaces
shown on the Preliminary Master Plan Exhibit A. Small Open Spaces shall be connected
with sidewalks to be a comprehensive pedestrian system.
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Item 6.
10
3. A pedestrian circulation system shall be provided that affords connectivity to the entire
community and the perimeter of the Property. The pedestrian system shall include
concrete trails that are a minimum of six feet in width. The pedestrian circulation system
may be located on private property with a pedestrian access easement or within the right-
of-way. The pedestrian circulation system shall include such items as benches,
landscaping, signage, lighting, bike racks, water fountains, trash cans, and pet waste
stations.
4. All open space areas and landscaping materials shall be installed in compliance with a
Conceptual Landscape Plan and approved concurrently with Detailed Site Plan for each
development phase.
5. All landscaping materials shall be maintained in a healthy, living, and growing state, and
be irrigated by an automatic irrigation system. Any landscaping that is removed must be
replaced with the same or comparable species and caliper plant, as when it was originally
installed; provided, however, the Director of Development Services may approve an
alternate species of plant upon a finding that the species originally planted has been
subjected to disease or other condition that prohibits the ability of the original species to
survive long term. The property owner’s association shall maintain or cause to be
maintained all landscaping materials and irrigation system located in open spaces,
landscaped medians, and other common areas.
6. Parks and open space areas shall be designated on approved plats for the Property.
D. SCREENING/FENCING
1. Single Family Detached Residential Lot Fencing
a. Fencing shall be connected to the side of the house on the lot.
b. Fencing shall be constructed of wood, brick, or decorative metal.
c. Fencing shall be a minimum of six feet in height and a maximum of eight feet in height.
d. Fencing along streets shall be located parallel to the curb.
e. Fencing shall be constructed so that the side of the fence containing the structural
supports is not visible from any public right-of-way.
f. All fences constructed of wood must be stained and have metal posts anchored with
concrete for structural support.
2. Screen Fencing
a. A minimum six-foot tall masonry and/or board-on-board wood with cap screen fence
shall be provided between residential and non-residential uses.
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Item 6.
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b. A minimum of six-foot tall masonry screen fence shall be provided along the
perimeter of the storage facility outlined on the Master Site Plan.
3. Trash Storage Areas
Outdoor trash storage areas visible from a public street must be screened on three sides
by a solid wall at least eight feet in height of material that is consistent with the exterior
building material of the main building that the storage area serves. Decorative metal
opaque gates shall be used to access such trash collection areas.
4. Other
All mechanical, heating, and air conditioning equipment (e.g., rooftop or ground
equipment) shall be screened from a ground level view six feet from a public right-of-way
with landscaping.
E. SIGNS
1. All signs shall be consistent with the architectural style of the associated building within
the development.
2. Residential signs shall comply with City of Sanger Code of Ordinances Section 3.1408.
3. Non-Residential Signage
a. All Business signs will generally comply with City of Sanger Code of Ordinances Section
3.1407 with the following exceptions:
i. The total area per face of a sign shall not exceed 2 square feet of face area
for each linear foot of building fascia length.
ii. Pole signs along Interstate Highway 35 will be limited to a maximum of one
hundred (100) feet in height.
iii. Two Non-Premises Signs shall be a permitted per area between 100 acres and
249 acres.
iv. Pole signs shall be a maximum of 32 square feet and 8 feet in height unless
adjacent to Interstate Highway 35 where 100 square feet and 16 feet in
height is allowed.
v. Pylon signs along Interstate Highway 35 will be limited to a maximum of one
hundred (100) feet in height with an allowable area of 1,200 square feet on
each side of sign.
b. Anchor Tenant Signage
i. One large primary sign may be placed on each façade that faces a public right
of way.
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Item 6.
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ii. Each primary sign will allow for at least 72 inches for letter and logo height
and a secondary sign with a maximum of 36 inches for letters or logos.
iii. Separate signage shall be allowed on the anchor façade for businesses that
are operating within the anchor space (i.e., coffee shop or bank branch)
4. No signs will be allowed in the right-of-way.
5. All balloon and inflatable signage shall be limited to temporary use i.e. grand openings
and special events. Temporary use being defined as:
i. Max. 10-14 days at a time
ii. Once every six months per business on a rolling calendar year
F. PARKING
1. General Provisions.
a. Except as otherwise provided in this paragraph, required parking must be off-
street parking. Head-in and parallel spaces located on streets are permitted and
count toward required parking.
b. Unless otherwise stated, all parking spaces may be enclosed or unenclosed.
2. Minimum Parking Requirements.
See Exhibit B: General Permitted Uses for the minimum parking requirements for each
principal use.
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Item 6.
RESIDENTIAL NON-RESIDENTIAL OPEN SPACE MINIMUM PARKING REQUIREMENT1
Offices P 3:1,000 SF
Country Club with Golf Course P P 1:300 SF
Nightclub P 1:100 SF
Park, Playground, or Golf Course P P P Golf course 9.8 per hole; otherwise none
Private Club, Lodge, or Fraternal Organization P 1:200 SF
Recreation and Entertainment, Indoor P SUP
Theater – 1 per 4 seats; Bowling Alley – 6
per lane; Pool Halls and Other Commercial
Amusements (Indoor) – 1:100 SF;
Racquetball Court – 4 per court; Health
Club – 1:200 SF
Multi-Family P 1.60 per dwelling unit
Single Family (attached or detached)P 2 per dwelling unit
Bar P 1:75 SF
Antique Shop P 2:1,000 SF
Car wash P 1:150 SF
Catering Service P 3:1,000 SF
Daycare P 1 per 8 students
General Personal Services (Cleaning , Laundry)P 3:1,000 SF
General Personal Services (Copy Center)P 3:1,000 SF
Custom and Craft Work P 1:400 SF
Farmers Market P 1:1,000 SF of site area
Gasoline Sales P 1:250 SF with a minimum of 4 spaces
General Retail Store , other than listed P 3:1,000 SF (1:400 SF for furniture sales)
Large Scale Retail P 3:1,000 SF (1:400 SF for furniture sales)
Nursery, Garden Shop, or Pant Sales P 3:1,000 SF for indoor portion; 1:600 SF for
outdoor portion
Open Air Vending P None
Personal Services P 3:1,000 SF
Restaurant P 1:150 SF
Veterinary Clinic C 1:400 SF
Temporary Asphalt or Concrete Batch Plant P P P None
Temporary Construction Field Office P P P None
Temporary Construction Storage Yard P P P None
Temporary Outdoors Sales P None
Electric Utility Substation P P None
Radio, TV station , Recording Studio P 1:400 SF
Utility Lines, Towers or Metering Station P P P None
Wireless Telecommunication Facilities P P None
Storage Facility P 1:3,000 SF
Gas Well Drilling and Production SUP None
1Fractional parking requirements shall be rounded up to the nearest whole number. Unless otherwise stated, references to square footage are to
floor area.
Legend: P = Permitted C = Conditional SUP = Special Use Permit
WHOLESALE AND STORAGE
OTHER
EXHIBIT "B"
PERMITED USES CHART
TEMPORARY
UTILITIES, COMMUNICATIONS AND TRANSPORTATION
PERMITED USES
OFFICE
RECREATION AND ENTERTAINMENT
RETAIL AND PERSONAL SERVICE USES
RESIDENTIAL AND LODGING
40
Item 6.
GROCERY
STORE
50,565 FOOTPRINT
FM 455 / W. CHAPMAN DRIVE
MAJOR ENTRY
8,400 sf
(70' x 120')
20,800 sf
(70' x 297')
EX. OFFICE
BUILDING
EX. BANK
EX. KWIK KAR
EX.
JACK-IN-THE-BOX
EMPTY
EX. O'REILLY
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I
V
E
PRIV
A
T
E
D
R
I
V
E
PR
I
V
A
T
E
D
R
I
V
E
494 TOTAL
PARKS
APPROXIMATE
TxDOT R.O.W.
PROPOSED
SIGNALIZED
INTERSECTION
PROPOSED
MONUMENT
SIGN
275'
275'
275'
150'
150'
24
2
'
24
2
'
22
6
'
19
6
'
32
9
'
31
5
'
PROPOSED
SIGNALIZED
INTERSECTION
880'
692'
CALLED 26.385 ACRES
JOHN PORTER AUTO
SALES, INC.
VOLUME 1330, PG. 277
O.R.D.C.T.
LOT 2
BLOCK A
SANGER EXCHANGE
WEST
SECTION ONE
CABINET E, PG. 280
P.R.D.C.T.LOT 1
BLOCK A
FOODMAKER ADDITION
CABINET P, PG. 105
P.R.D.C.T.
STATE OF TEXAS
DOC. NO.
2020-74514
O.R.D.C.T.
LOT 1
BLOCK A
PORTER ADDITION
CABINET U, PG. 76
P.R.D.C.T.
LOT 2
BLOCK A
PORTER ADDITION
CABINET U, PG. 76
P.R.D.C.T.
ST
A
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.
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.
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.
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.
LOT 1
BLOCK A
ISBELL ADDITION
CABINET Y, PG. 669
P.R.D.C.T.
EXCHANGE DRIVE
(50' WIDE R.O.W.)
CABINET E, PG. 280, P.R.D.C.T.
SA
N
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E
R
W
I
S
T
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TRACT ONE
PAC GROUP, LTC.
DOC. NO. 2001-R0006340
O.R.D.C.T.
HOLT TEXAS, LTD.,
DOC. NO. 2013-71958
O.R.D.C.T.
STATE OF TEXAS
DOC. NO.
2020-172411
O.R.D.C.T.
S 88°37'28" E (1186.11')
N 89°38'41" W
(87.41')
S
0
8
°
5
7
'
3
8
"
W
(
2
4
7
.
9
2
'
)
S 1
8
°
4
8
'
2
5
"
W
(
1
9
8
.
8
2
'
)
S 81°33'29"
E
83.58'
S 19°40'28" W
(47.78')
S 20°05'13" W
30.70'
N 88°36'29" W 419.32'
N 01°13'52" E
9.80'
N 88°21'17" W (221.87')
N
0
1
°
2
6
'
2
3
"
E
1
0
0
2
.
9
7
'
1122.76'
(N 88°49'21"W)
41.31'
194.58'
94
2
.
8
9
'
T
X X X X X X X X X X X X X X X X
X
X
X
X
X
(S 88°11'56" E)
(S 20°03'15" W)
(S 81°11'08"
E
8
6
.
3
0
'
)
(S
1
9
°
1
0
'
4
6
"
W
)
(S
0
9
°
1
9
'
5
9
"
W
)
(S
0
9
°
1
9
'
5
9
"
W
)
(N
0
1
°
5
3
'
4
0
"
E
)
N 69°54'47" W
(55.48')
233.
6
0
'
N 70
°
4
0
'
5
2
"
W
(N 88°13'58" W)(N 01°26'26" E)
(N 88°08'43" E)
(N 70
°
2
5
'
0
9
"
W
)
(S 20°27'44" E)
24.37 ACRES
1,061,616 SQ. FT.
IN
T
E
R
S
T
A
T
E
H
I
G
H
W
A
Y
3
5
60
'
R
I
G
H
T
-
O
F
-
W
A
Y
//
/
//
/
//
/
//
/
//
/
///
///
///
///
///
///
///
///
UTILITY AND
ELECTRICAL EASEMENT
VOLUME 1491, PG. 12
R.P.R.D.C.T.
RIGHT-OF-WAY
EASEMENT
CITY OF SANGER
VOLUME 1716, PG. 400
R.P.R.D.C.T.
C1
RIGHT-OF-WAY
EASEMENT
VOLUME 2122, PG. 624
R.P.R.D.C.T.
36.7
8
'
15-FOOT WIDE WATER
EASEMENT
DOC. NO. 2015-56984
O.R.D.C.T.
WATER AND UTILITY
EASEMENT
DOC. NO. 2015-56982
O.R.D.C.T.
WATER AND UTILITY
EASEMENT
DOC. NO. 2015-56982
O.R.D.C.T.
63.47'
5' ELECTRIC UTILITY
EASEMENT
CABINET U, PG. 76
P.R.D.C.T.
30' ACCESS & UTILITY EASEMENT
CABINET U, PG. 76
P.R.D.C.T.
10' WATER UTILITY
EASEMENT
CABINET U, PG. 76
P.R.D.C.T.15' ALL PURPOSE &
ACCESS EASEMENT
CABINET E, PG. 280
P.R.D.C.T.
30' ACCESS & UTILITY EASEMENT
CABINET V, PG. 669, P.R.D.C.T.
(DRIVEWAY AGREEMENT VOLUME 4918, PAGE 2581, O.R.D.C.T.)
UTILITY EASEMENT
CABINET Y, PG. 669
P.R.D.C.T.CURB CUT
DECLARATION OF
EASEMENT
DOC. NO 98-R0061222
O.R.D.C.T.
(N 69°32'18" W)
STEPHEN L. MARTIN &
GARY L. MARTIN
DOC. NO. 96-0044292
O.R.D.C.T.
HAZEL MARTIN
"TRACT II"
VOLUME 2163, PAGE 47
O.R.D.C.T.
P.R.D.C.T.
CABINET E, PG. 280
SECTION ONE
WEST
SANGER EXCHANGE
BLOCK A
LOT 1
S
0
8
°
1
7
'
1
2
"
W
(5
7
.
1
9
'
)
////////////////////////
////////////////////////
///
///
COMMERCIAL
±688,331 SF
±15.80 ACRES
OPEN SPACE
±283,557 SF
±6.50 ACRES
TRUCK DOCKS
EQUIPMENT AREA
COMMERCIAL
±324,744 SF
±7.45 ACRES
SELF STORAGE
±133,696 SF
±3.07 ACRES
COMMERCIAL
±77,780 SF
±1.78 ACRES
PHASE I TOTAL= 17.0 ACRES
2.0 ACRES
DETENTION
2.0 ACRES
DETENTIONCOURTYARD
PHASE II TOTAL= 15.8 ACRES
CLUB
H
O
U
S
E
POOL
A1
STAIR A STAIR B STAIR C
B1A1A1A1B1A
A2B2A A2A A2 B2A2A
A1
STAIR A STAIR B STAIR C
B1A1A1A1B1A
A2B2A A2A A2 B2A2A
A1
ST
A
I
R
A
STA
I
R
B
STA
I
R
C
B
1
A1
A1
A1
B
1
A
A2
B2A
A2A
A2
B2
A2A
A1
STAIR A
STAIR B
STAIR C
B1
A1
A1
A1
B1A
A2
B2A
A2A
A2
B2
A2A
C
L
U
B
H
O
U
S
E
COURTYARD POOL
EXI
T
EXIT
COURTYARD
OPEN SPACE / DETENTION
COURTYARD
LEASING
CENTER
LINEAR PARK
POCKET PARK
G
G
G
G
G
G
4
3
2
4
3
2
YD
YD
YD
Y
D
YD
YD
A1
STA
I
R
A
STA
I
R
B
STA
I
R
C
B1
A1
A1
A1
B1
A
A2
B2
A
A2
A
A2
B2
A2A
A1
STA
I
R
A
STA
I
R
B
STA
I
R
C
B1
A1
A1
A1
B1A
A2
B2
A
A2
A
A2
B2
A2
A
G
G
G
G
G
G
4
3
2
4
3
2
Y
D
Y
D
Y
D
Y
D
Y
D
Y
DGGG
G
GG4
324
32YD
YD
YD
YD
YD
YD
A1
STAIR A
STAIR B
STAIR C
B1
A1
A1
A1
B1A
A2
B2A
A2A
A2
B2
A2A
A1
STAIR A
STAIR B
STAIR C
B1
A1
A1
A1
B1A
A2
B2A
A2A
A2
B2
A2A
COURTYARD
COURTYARD
OPEN SPACE & DETENTION AREA
= 5.8 ACRES
PHASE II OPEN SPACE
& DETENTION AREA
= 5.4 ACRES
MULTI-FAMILY
±719,756 SF
±16.52 ACRES
MULTI-FAMILY
±720,000 SF
±16.52 ACRES
60' R.O.W.
±227,586 SF
±5.22 ACRES
SINGLE-FAMILY
±1,302,714 SF
±29.90 ACRES
BUILD TO RENT
±1,232,530 SF
±28.29 ACRES
DA
T
E
No
.
RE
V
I
S
I
O
N
BY
DATE:
SHEET
CASE NO.
CHECKED:
MAM
DRAWN:DC
DESIGN:
SA
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C
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TEXAS REGISTRATION #14199
MAM
11/21/2022
BENCHMARKS:
NO. 1
"X-CUT AT THE TERMINUS OF THE EXISTING SIDEWALK ON THE
WEST SIDE OF COOK LANE, +/- 1450' SOUTH OF THE CENTERLINE
INTERSECTION OF COOK LANE AND PROSPER TRAIL.
ELEV: 635.56'
NO. 2
SQUARE CUT ON THE SOUTH END OF A HEADWALL, ON THE EAST
SIDE OF COOK LANE, +/- 1050' SOUTH OF THE CENTERLINE
INTERSECTION OF COOK LANE AND PROSPER TRAIL.
ELEV: 636.18'
PRELIMINARY
CLAYMOORE ENGINEERING
ZO
N
I
N
G
E
X
H
I
B
I
T
Z-1
0
GRAPHIC SCALE
1 inch = ft.
200 200 400
200
100
LOCATION MAP
SITE
SITE LEGEND
SINGLE FAMILY 70' LOT
SINGLE FAMILY 50' LOT
SINGLE FAMILY 40' LOT
BUILD TO RENT 50' LOT
BUILD TO RENT 40' LOT
MULTI FAMILY
SELF STORAGE
COMMERCIAL
SINGLE FAMILY
LOT SIZE QUANTITY
70' WIDTH 12
50' WIDTH 49
40' WIDTH 79
TOTAL 140
BUILD TO RENT
LOT SIZE QUANTITY
50' WIDTH 35
40' WIDTH 121
TOTAL 156
PH 1
MULTI-FAMILY
UNIT TYPE QUANTITY
1 BEDROOM 168
2 BEDROOM 126
2 BEDROOM
(DUPLEX)12
TOTAL 306
PH 2
MULTI-FAMILY
UNIT TYPE QUANTITY
1 BEDROOM 192
2 BEDROOM 96
2 BEDROOM
(TOWNHOME)6
3 BEDROOM
(TOWNHOME)6
4 BEDROOM
(TOWNHOME)6
TOTAL 306
EXHIBIT C
41
Item 6.
EXHIBIT D
METES & BOUNDS
Being a 131.82 acre tract or parcel of land situated in the Henry Tierwester Survey, Abstract Number
1214 in the City of Sanger, Denton County, Texas and being all of a called 50 acre tract of land described
in the deed to PAC Group, LTD., recorded in Volume 4880, Page 2632 of the Real Property Records of
Denton County, Texas and being a portion of a called 61.598 acre tract of land described in the deed to
PAC Group, LTD., recorded in Volume 4759, Page 632 of the Real Property Records of Denton County,
Texas and being a portion of a called 26.385 acre tract of land described in the deed to John Porter Auto
Sales, Inc., recorded in Volume 1330, Page 277 of the Real Property records of Denton County, Texas
and being more particularly described by metes and bounds as follows:
BEGINNING at a mag nail found at the Northeast corner of said 50 acre tract and the common
Northwest corner of a called 2.501 acre tract of land described in the deed to Daniel Raymond Wolfe
and Brianna Lynn Wolfe, recorded in Document Number 2021-21494 of the Official Records of Denton
County, Texas and being in Belz Road;
THENCE South 01°00'05" West, with the East line of said 50 acre tract and the common West line of said
2.501 acre tract, passing at a distance of 655.80 feet a 3/8” iron rod found at the Southwest corner of
said 2.501 acre tract and the common Northwest corner of a called 10.42 acre tract of land described in
the deed to M & G sanger Real Estate, LLC., recorded in Document Number 2019-27076 of the Official
Records of Denton County, Texas, continuing on said course and with the East line of said 50 acre tract
and the common West line of said 10.42 acre tract, passing at a distance of 1017.17 feet a 1/2" iron rod
found at the Southwest corner of said 10.42 acre tract and the common Northwest corner of a called
30.96 acre tract of land described in the deed to Holt Texas, LTD., recorded in Document Number 2013-
71958 of the Official Records of Denton County, Texas, continuing on said course and with the East line
of said 50 acre tract and the common West line of said 30.96 acre tract a total distance of 1561.92 feet
to a capped 1/2" iron rod stamped “EAGLE SURVEYING” set at the Southeast corner of said 50 acre tract
and the common Northeast corner of said 61.598 acre tract;
THENCE South 00°48'52" West, with the East line of said 61.598 acre tract and the common West line of
said 30.96 acre tract, a distance of 563.24 feet to a 1/2" iron rod found at the Southwest corner of said
30.96 acre tract and the common Northwest corner of said 26.385 acre tract;
THENCE South 88°37'28" East, with the North line of said 26.385 acre tract and the common South line
of said 61.598 acre tract, passing a capped 5/8” iron rod stamped “TXDOT ROW MON” found at a
distance of 1122.76 feet and continuing on said course a total distance of 1186.11 feet to a capped 1/2"
iron rod stamped “EAGLE SURVEYING” set at the Northeast corner of said 26.385 acre tract and the
common Southeast corner of said 61.598 acre tract and being in the West Right-of-Way line of
Interstate Highway I-35/ U.S. Highway 77/North Stemmons Street (a variable width right-of-way);
THENCE South 08°17'12" West, with the East line of said John Porter Auto Sales tract and the common
West right-of-way line of said Interstate Highway I-35 East, a distance of 57.19 feet to a capped 1/2” iron
rod stamped “EAGLE SURVEYING” set at the Northeast corner of a called 0.3585 acre tract of land
described as parcel 145 in the deed to the State of Texas, recorded in Document Number 2020-172411
of the Official Records of Denton County, Texas;
42
Item 6.
THENCE North 89°38'41" West, with the North line of said parcel 145, passing a capped 5/8” iron rod
stamped “TXDOT ROW MON” found at the Northwest corner of said parcel 145 at a distance of 63.47
feet and continuing with the North line of the remainder of a tract of land described in the deed to
Stephen L. Martin & Gary L. Martin, recorded in Document Number 96-0044292 of the Official Records
of Denton County, Texas and continuing on said course a total distance of 87.41 feet to a 2" metal post
found at the Northwest corner of said Martin Tract;
THENCE South 08°57'38" West, with the West line of said Martin tract, a distance of 247.92 feet to a
capped 1/2” iron rod stamped “EAGLE SURVEYING” set at the Southwest corner of said Martin tract and
the common Northwest corner of the remainder of a tract of land described as “TRACT II” in the deed to
Hazel Martin, recorded in Volume 2163, Page 47 of the Official Records of Denton County, Texas;
THENCE South 18°48'25" West, with the West line of said “TRACT II”, a distance of 198.82 feet to a 1/2”
iron rod found at the Southwest corner of said “TRACT II”;
THENCE South 81°33'29" East, with the South line of said “TRACT II”, passing a 5/8” iron rod with cap
stamped “TXDOT ROW MON” found at the Southwest corner of a called 0.0135 acre tract of land
described as parcel 144 in the deed to the State of Texas, recorded in Document Number 2020-74514 of
the Official Records of Denton County Texas at a distance of 41.31 feet and continuing on said course
and with the South line of said parcel 144 a total distance of 83.58 feet to a capped 1/2” iron rod
stamped “EAGLE SURVEYING” set at the Southeast corner of said parcel 144 and in the East line of said
26.385 acre tract and the common West right-of-way line of said Interstate Highway I-35;
THENCE with the East line of said 26.385 acre tract and the common West right-of-way line of said
Interstate Highway I-35 the following courses and distances;
South 19°40'28" West, a distance of 47.78 feet to a capped 1/2” iron rod stamped “EAGLE
SURVEYING” set;
With a curve to the right having a radius of 5554.65 feet, a delta angle of 05°36'59", a chord
bearing of S 16°34'59" W, a chord length of 544.26 feet, and an arc length of 544.48 feet to a
capped 1/2” iron rod stamped “EAGLE SURVEYING” set at the Northeast corner of a called
0.1483 acre tract of land described as parcel 131 in the deed to the State of Texas, recorded in
Document Number 2020-44894 of the Official Records of Denton County, Texas;
THENCE North 70°40'52" West, with the North line of said parcel 131, passing a capped 5/8” iron rod
stamped “TXDOT ROW MON” found at the Northwest corner of said parcel 131 at a distance of 36.78
feet and continuing on said course and with the North line of Lot 1, Block A of Foodmaker Addition an
addition to the City of Sanger, recorded in Cabinet P, Page 105 of the Plat Records of Denton County,
Texas and the North line of an Access Driveway, Utility & Signage Easement-Annex “4”, recorded in
Document Number 98-R0061221 of the Official Records of Denton County, Texas, a total distance of
233.60 feet to a called 1/2” iron rod stamped “EAGLE SURVEYING” set at the Northwest corner of said
Access Driveway, Utility & Signage Easement-Annex “4”;
THENCE South 20°05'13" West, with the West line of said Access Driveway, Utility & Signage Easement-
Annex “4”, a distance of 30.70 feet to a capped 1/2” iron rod stamped “EAGLE SURVEYING” set at the
Northeast corner of Potter Addition an addition to the City of Sanger, recorded in Cabinet U, Page 76 of
the Plat Records of Denton County, Texas;
43
Item 6.
THENCE North 69°54'47" West, with the North line of said Potter Addition, a distance of 55.48 feet to a
capped 1/2” iron rod stamped “EAGLE SURVEYING” set;
THENCE North 88°36'29" West, with the North line of said Potter Addition, passing a capped 1/2” iron
rod stamped “ISBEL ENGR” found at the Northwest corner of Potter Addition and the common
Northeast corner of Isbell Addition an addition to the City of Sanger, recorded in Cabinet Y, Page 669 of
the Plat Records of Denton County, Texas at a distance of 194.58 feet and continuing on said course and
with the North line of said Isbell Addition a total distance of 419.32 feet to a capped 1/2” iron rod
stamped “EAGLE SURVEYING” set at the Northwest corner of said Isbell Addition and in the East line of
Sanger Exchange West-Section One an addition to the City of Sanger, recorded in Cabinet E, Page 280 of
the Plat Records of Denton County, Texas;
THENCE North 01°13'52" East, with the East line of said Sanger Exchange West-Section One, a distance
of 9.80 feet to a capped 1/2” iron rod stamped “EAGLE SURVEYING” set at the Northeast corner of said
Sanger Exchange West-Section One;
THENCE North 88°21'17" West, with the North line of said Sanger Exchange West-Section One, a
distance of 221.87 feet to a capped 1/2” iron rod stamped “EAGLE SURVEYING” set at the Northwest
corner of said Sanger Exchange West-Section One and being in the West line of said 26.385 acre tract
and in the common East line of said 61.598 acre tract;
THENCE South 01°26'23" West, with the East line of said 61.598 acre tract and the common West line of
said Sanger Exchange West, Section One, a distance of 180.60 feet to a capped 1/2" iron rod stamped
“EAGLE SURVEYING” set in the North line of O’Reilly Addition an addition to the City of Sanger, recorded
in Document Number 2020-71 of the Plat records of Denton County, Texas;
THENCE North 88°48'42" West, with the North line of said O’Reilly Addition, a distance of 77.60 feet to a
1/2" iron rod found at the Northwest corner of said O’Reilly Addition;
THENCE South 01°24'37" West, a distance of 178.63 feet to a capped 1/2" iron rod stamped “EAGLE
SURVEYING” set in the South line of said 61.598 acre tract and the common North line of Farm to
Market Road 455;
THENCE North 88°49'25" West, with the South line of said 61.598 acre tract and the common North line
of said Farm to Market Road 455, a distance of 1307.41 feet to a capped 1/2" iron rod stamped “EAGLE
SURVEYING” set at the Southwest corner of said 61.598 acre tract;
THENCE North 00°58'47" East, with the West line of said 61.598 acre tract and the common East line of
a called 95 acre tract of land described in the deed to Jackson Jay Marshall, recorded in Document
Number 2013-133569 of the Official Records of Denton County, Texas, a distance of 724.59 feet to a
capped 1/2" iron rod stamped “EAGLE SURVEYING” set at the Southwest corner of a called 1.86 acre
tract of land described in the deed to John W. Porter, recorded in Document number 96-R0026290 of
the Real Property Records of Denton County, Texas;
THENCE South 89°01'13" East, with the South line of said 1.86 acre tract, a distance of 270.00 feet to a
capped 1/2" iron rod stamped “EAGLE SURVEYING” set at the Southeast corner of said 1.86 acre tract;
THENCE North 00°58'47" East, with the East line of said 1.86 acre tract, a distance of 300.00 feet to a
capped 1/2" iron rod stamped “EAGLE SURVEYING” set at the Northeast corner of said 1.86 acre tract;
44
Item 6.
THENCE North 89°01'13" West, with the North line of said 1.86 acre tract, a distance of 270.00 feet to a
100-D nail found at the Northwest corner of said 1.86 acre tract and being in the West line of said
61.598 acre tract and the common East line of said 95 acre tract;
THENCE North 00°58'47" East, with the West line of said 61.598 acre tract, a distance of 98.65 feet to a
capped 1/2" iron rod stamped “KAZ” found at the Southwest corner of a called 2.00 acre tract of land
described in the deed to the City of Sanger, recorded in Document Number 2015-146437 of the Official
Records of Denton County, Texas;
THENCE South 88°56'57" East, with the South line of said 2.00 acre tract, a distance of 269.84 feet to a
capped 1/2" iron rod stamped “EAGLE SURVEYING” set at the Southeast corner of said 2.00 acre tract;
THENCE North 01°03'03" East, with the East line of said 2.00 acre tract, a distance of 322.56 feet to a
capped 1/2" iron rod stamped “EAGLE SURVEYING” set at the Northeast corner of said 2.00 acre tract;
THENCE North 88°56'57" West, with the North line of said 2.00 acre tract, a distance of 270.24 feet to a
capped 1/2" iron rod stamped “EAGLE SURVEYING” set at the Northwest corner of said 2.00 acre tract
and being in the West line of said 61.598 acre tract;
THENCE North 00°58'47" East, with the West line of said 61.598 acre tract and the West line of said 50
acre tract and the common East line of Meadow Land Addition an addition to the City of Sanger,
recorded in Cabinet F, Page 80 of the Plat Records of Denton County, Texas, a distance of 2048.28 feet
to a ½” iron rod found at the Northwest corner of said 50 acre tract and being in Belz Road;
THENCE South 88°32'48" East, with the North line of said 50 acre tract, a distance of 1394.87 feet to the
POINT OF BEGINNING and containing 131.82 acres of land more or less.
45
Item 6.
X
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EXCHANGE DRIVE
50' RIGHT-OF-WAY
CABINET E, PAGE 280
P.R.D.C.T.
SANGER WEST
BOULEVARD
50' RIGHT-OF-WAY
CABINET E, PAGE 280
P.R.D.C.T.
CALLED 50 ACRES
PAC GROUP, LTD.
VOL. 4880, PG. 2632
R.P.R.D.C.T.
BELZ ROAD
RIGHT-OF-WAY WIDTH VARIES
FARM TO MARKET NO. 455
RIGHT-OF-WAY WIDTH VARIES
POND
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107.45 ACRES
4,680,580 SQ. FT.
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SPOIL PILE
TRACT ONE
CALLED 61.598 ACRES
PAC GROUP, LTD.
VOL. 4759, PG. 632
R.P.R.D.C.T.
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DOC. NO. 2013-71958
O.R.D.C.T.
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UTILITY AND
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VOLUME 1491, PG. 12
R.P.R.D.C.T.
10(e)
10(f)
RIGHT-OF-WAY
EASEMENT
VOLUME 2122, PG. 624
R.P.R.D.C.T.
10(g)
10(h)
15-FOOT WIDE WATER
EASEMENT
DOC. NO. 2015-56984
O.R.D.C.T.
10(o)
WATER AND UTILITY
EASEMENT
DOC. NO. 2015-56982
O.R.D.C.T.
10(o)
WATER AND UTILITY
EASEMENT
DOC. NO. 2015-56982
O.R.D.C.T.
10(n)
5' ELECTRIC UTILITY
EASEMENT
CABINET U, PG. 76
P.R.D.C.T.
10' WATER UTILITY
EASEMENT
CABINET U, PG. 76
P.R.D.C.T.15' ALL PURPOSE &
ACCESS EASEMENT
CABINET E, PG. 280
P.R.D.C.T.
UTILITY EASEMENT
CABINET Y, PG. 669
P.R.D.C.T.CURB CUT
DECLARATION OF
EASEMENT
DOC. NO 98-R0061222
O.R.D.C.T.
WATER AND UTILITY
EASEMENT
DOC. NO. 2015-56982
O.R.D.C.T.
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EASEMENT
DOC. NO. 2015-56982
O.R.D.C.T.
//
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N:7182846.92'
E:2370986.58'
ELEV:697.24'
30' ACCESS & UTILITY EASEMENT
CABINET U, PG. 76
P.R.D.C.T.
30' ACCESS & UTILITY EASEMENT
CABINET V, PG. 669, P.R.D.C.T.
(DRIVEWAY AGREEMENT VOLUME 4918, PAGE 2581, O.R.D.C.T.)
RIGHT-OF-WAY
EASEMENT
CITY OF SANGER
VOLUME 1716, PG. 400
R.P.R.D.C.T.
EX. OFFICE
BUILDING EX. BANK
EX. KWIK KAR
EX.
JACK-IN-THE-BOX
EMPTY
EX. O'REILLY
AUTO PARTS
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APPROXIMATE
TxDOT R.O.W.
LINE TABLE
LINE BEARING DISTANCE
L1 N 88°48'42" W 77.60'
L2 S 01°24'37" W 178.63'
L3 S 89°01'13" E 270.00'
L4 N 00°58'47" E 300.00'
L5 N 89°01'13" W 270.00'
L6 N 00°58'47" E 98.65'
L7 S 88°56'57" E 269.84'
L8 N 01°03'03" E 322.56'
L9 N 88°56'57" W 270.24'
CURVE TABLE
CURVE ARC LENGTH RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH
C1 544.48'5554.65'5°36'59"S 16°34'59" W 544.26'
DA
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DATE:
SHEET
CASE NO.
CHECKED:
MAM
DRAWN:DC
DESIGN:
19
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TEXAS REGISTRATION #14199
MAM
8/17/2022
PRELIMINARY
CLAYMOORE ENGINEERING
1
0
GRAPHIC SCALE
1 inch = ft.
200 200 400
200
100
LOCATION MAP
SITE
MA
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S 88°37'28" E 1186.11'
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.
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'
N 88°49'25" W 1307.41'
L2
L1
S 08°17'12" W 57.19'
S 08°57'38" W 247.92'
N 89°38'41" W 87.41'
S 18°48'25" W 198.82'
S 81°33'29" E 83.58'
S 19°40'28" W 47.78'
N 88°21'17" W 221.87'
N 01°13'52" E 9.80'
N 88°36'29" W 419.32'
N 69°54'47" W 55.48'
S 20°05'13"W 30.70'
N70°
4
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C1
24.37 ACRES
1,061,616 SF
107.45 ACRES
4,680,580 SF
EXHIBIT E
46
Item 6.
47
Item 6.
48
Item 6.
49
Item 6.
Prepared by Nikki Moore, MPA
A.N. Moore Consulting, LLC
anmoore.consulting@gmail.com
CITY OF SANGER, TEXAS
MASTER PLAN Planning and Zoning | December 12, 2022
50
Item 6.
MASTER SITE PLAN
2
•Diversity Housing:The intermix of lot sizes and housing
products ranging from 70’lots to one-bedroom units allows
for a variety of housing options.
•Build-to -Rent:Community built to have the look and feel of
an elevated single-family neighborhood with detached homes
serviced by its own amenities and neighborhood
maintenance.
•Multifamily,Cottages,Townhomes:Provide density to
support retail commercial while also transitioning from
commercial uses to single family development.
•Commercial:50,000+Square Foot Grocer as anchor tenant
supports concentrated commercial growth at highly visible
intersection.
51
Item 6.
GREYSTAR MULTIFAMILY PHASE I AND II PRELIMINARY SITE PLAN
3
52
Item 6.
CONCEPTUAL EXTERIOR RENDERING
GREYSTAR DEVELOPMENT
53
Item 6.
CONCEPTUAL EXTERIOR RENDERING
GREYSTAR DEVELOPMENT
54
Item 6.
CLUB HOUSE RENDERING
GREYSTAR DEVELOPMENT
55
Item 6.
CONCEPTUAL INTERIOR KITCHEN
GREYSTAR DEVELOPMENT 56
Item 6.
BUILT-FOR-RENT AND FOR SALE PRODUCT EXAMPLES
8
57
Item 6.
SINGLE FAMILY KITCHEN/DINING/LIVING AREAS
58
Item 6.
SINGLE FAMILY PRIMARY BATH
59
Item 6.
EXAMPLE BOULEVARD ENTRANCE FROM CHAPMAN ROAD
60
Item 6.
STORAGE EXAMPLES
12
61
Item 6.
BENEFITS TO COMMUNITY
13
1.Less Dense than Traditional Multi-
family
2.Built to the Scale of a House
3.All Homes are Professionally
Maintained by Property Management
4.Increase in Taxable Value that is NOT
Subject to Homestead and Senior
Exemptions.
BENEFITS TO
THE COMMUNITY
✓An alternative to one-off rental homes in neighborhoods
✓Integrate well with surrounding neighborhoods
✓Well-designed and livable floor plans
✓Offer potential residents a home while they seek to purchase/build in the community
City of Sanger Sanger ISD Bonding Capacity
Current Tax Revenue $12,792 $38,227 $88,000
Tax Revenue for
Developed Residential
~ $1,061,094 ~ $2.5 Million ~ $5.8 Million
62
Item 6.
ABOUT US
14
Greystar is one of the world’s leading residential real estate firms specializing in the investment,
development,and management of rental housing through its vertically integrated global platform.
Headquartered in Charleston,South Carolina,Greystar manages and operates over an estimated $220
billion+of real estate in more than 200 markets globally including offices throughout the United
States,United Kingdom,Europe,Latin America,and the Asia-Pacific region.Greystar is the largest
operator of apartments in the United States,managing more than 740,000 units/beds,and has a
robust institutional investment management platform with approximately $41.3 billion of assets under
management,including over $19.2 billion of assets under development.
Malouf Interests was established in 1995 by Matthew Malouf. Malouf Interests is a Real Estate firm
experienced in the development of retail, mixed use, office and medical properties and raw land.
Services include turnkey build-to-suits, site selection, financing, leasing, and redevelopment. Mr.
Malouf has developed for dozens of national retailers including Tom Thumb, United Supermarkets,
Sprouts, LA Fitness, Walgreens, Eckerd, Best Buy, Starbucks, Staples, Office Depot, Bank of America,
McDonald’s, Chick-Fil-A, Wendy’s and 7-11.
63
Item 6.
CITY COUNCIL COMMUNICATION
DATE: December 19, 2022
FROM: Jim Bolz, Director of Public Works
AGENDA ITEM: Consideration and possible action on Addendum 6 with Dannenbaum
Engineering Corporation related to FM 455/I-35 aesthetics and additional utility
coordination and construction inspection services in the amount not to exceed
$231,356.76 and authorize the City Manager to execute said addendum.
SUMMARY:
FM 455/I-35 Aesthetics and Utility Coordination
FISCAL INFORMATION:
Budgeted: Yes Amount: $231,356.76 GL Account: 840-50-6526.2 & 840-54-6526.2
Aesthetic originally were discussed at the start of FM 455/I-35 project
During transition phase/management, aesthetics was not included during engineering, both city
and TXDOT had changes in staff
City inquired about aesthetics during utility relocates, which prompted new discussion and why they
had not been included under original discussions with TXDOT
Per discussion with council, aesthetics are being pursued
TXDOT has agreed for the City to have medallions as discussed throughout the project
This addendum also included additional inspection for utility relocated because city reached max-
out
RECOMMENDED MOTION OR ACTION:
Staff recommends approval
ATTACHMENTS:
Attachment A: Hourly Fee and Expense Schedule
Addendum No. 6
64
Item 7.
DEC # 516301
City of Sanger, Project 5143-01
ADDENDUM No. 6
TO AGREEMENT FOR PROFESSIONAL SERVICES
(City of Sanger, DEC Project # 514301)
This Addendum to the AGREEMENT FOR ENGINEERING SERVICES (the
“Agreement”) is for additional Professional Engineering Services for Construction
Administration (the “Addendum”) is by and between the City of Sanger (the “Owner”)
and Dannenbaum Engineering Company, Dallas LLC (“Engineer”), to be effective the
th day of 2022.
WHEREAS, the Owner and Engineer originally entered into an Agreement for
Professional Engineering Services, dated December 9, 2022 (the “Agreement”) to
perform certain professional design services required; and
WHEREAS, the Owner and Engineer now desire to amend the original
Agreement to support Construction Administrative Service during the construction of the
Utility Relocation in Advance of the TxDOT FM 455 Improvement project and design of
medallions on proposed retaining walls as reflected herein.
NOW, THEREFORE, the Owner and Engineer, in consideration of the mutual
covenants and agreements herein contained, do mutually agree as follows:
1. Scope of Work – See Exhibit “F”
a. Scope of Services for Construction Administration and Basis of
Payment shall be made a part of the Agreement for all purposes. This
cost includes Sub consultant survey costs, printing costs and travel
reimbursement of expense, not to exceed $231,365.76
Attest: Approved By: City of Sanger
Kelly Edwards, City Secretary John Noblitt
City Manager
Approved as to Form
And Legality
City Attorney Will Gladbach, PE
DEC Area Manager
65
Item 7.
DEC # 516301
City of Sanger, Project 5143-01
Basis of Payment – Lump Sum Basis based upon attached work breakdown schedule
The lump sum shall be equal to the maximum amount payable and based on an approved work
breakdown schedule and Level of Effort proposal. The lump sum includes all direct and indirect
costs and fixed fee. The ENGINEER shall be paid pro rata based on the percentage of work
completed and per the provided draw schedule (if applicable). For payment, the ENGINEER is
not required to provide evidence of actual hours worked, travel, overhead rates or other evidence
of cost.
Special Services Rate Basis
Special Services or additional services will be billed at the specified rates for each billing
classification are shown in the Dannenbaum Engineering Company latest Hourly Rate Schedule.
Payment shall be based on actual hours worked multiplied by the specified personnel rate which
includes direct labor and indirect cost and fixed fee.
Attachments:
Exhibit “F” Scope of Work - Construction Administration Services for the Utility Relocation in
Advance of the TxDOT FM 455 Improvement
Exhibit “G” Supplemental Hourly Fee & Expenses Schedule
66
Item 7.
3
EXHIBIT “F”
SCOPE OF WORK
Construction Administrative (CA) Services
P roject Description: The project consists of approximately 19,266 LF of 12”, 8”, 6”, 4” and 2” PVC
DR 18 water pipelines replacement and or relocation at numerous locations by Open Cut and Other
than Open Cut construction, and 12”, and 27” sanitary sewer lines replacement by Open Cut,
Other Than Open Cut and Pipe Bursting along FM 455, from FM Metz Road to Marion Road, where
utility conflicts with the proposed TxDOT improvements; provide construction plans for 4
retaining wall medallions.
A. T ASK 1 – PROJECT MANAGEMENT
Manage professional services to support the PROJECT. These services will include
developing and reviewing, at a minimum, progress reports, schedules, and invoices to
support the PROJECT. ENGINEER shall provide professional services in this Task as
follows:
(1) ENGINEER’S Project Manager shall be the OWNER’S primary clientcontact with
the ENGINEER; and
(2) Manage sub-consultants to confirm all PROJECT activities are compatible,
integrated, and meet the PROJECT requirements;
(3) Prepare monthly a Project Summary Report and submit with ENGINEER’S
monthly invoice.
(a) Summary of actions and decisions needed from the OWNER; and
(b) Potential changes in scope, costs, or schedule.
B. T ASK 2 – CONSTRUCTION ADMINISTRATION SERVICES
Provide the following services for the PROJECT:
(1) In performing services, ENGINEER shall endeavor to protect the OWNER
against defects and deficiencies in the work of Contractors. ENGINEER shall
report any deficiencies to the OWNER. However, it is understood that
ENGINEER does not guarantee the Contractor’s performance, nor is
ENGINEER responsible for supervision of the Contractor’s operation and
employees; ENGINEER shall not be responsible for the means, methods,
techniques, sequences, or procedures of construction selected by the
Contractor, or the safety precautions and programs incident to the work of
the Contractor, except where specified. ENGINEER shall not be responsible
for the acts or omissions of any person (except his own employees or agent)
67
Item 7.
4
at the PROJECT site or otherwise performing any of the work of the PROJECT;
(2) Monitor quality assurance and notify OWNER of non-conforming work
observed. Promptly recommend action to correct defective work, and
recommend to the OWNER special materials tests and performance tests
needed to obtain a quality PROJECT;
(4) Consult with and advise the OWNER during construction, and make
recommendations regarding materials and workmanship;
(5) Interpret the intent of the plans and specifications for the OWNER. This
includes Request for Information (RFI), Field Order (FO) or Proposed Contract
Modification (PCM).
(6) Review and comment on Contractor’s payment applications and schedule
updates from the Contractor throughout the term of this agreement. The
ENGINEER shall have the capability to review and analyze construction contract
schedules pursuant to the General and Supplementary Conditions of the
Construction Contract; The review must include the ENGINEER’S:
(a) Review the percent of the cost of work in place approximates the
scheduled percentage of the work in place;
(b) Review the Contractor is following the logic shown in the
schedule;
(c) Review and comment regarding any schedule narrative accompanying
the schedule; and
(7) Assist the OWNER with PROJECT completion activities. Determine if the
completed construction conforms with the design. Prepare a list of
deficiencies to be corrected by the Contractor before final payment is
released;
(8) Assist the AUTHORITY to obtain legal releases, BUT AMERICAN requirements
have been met, permits, warranties, spare parts, detailed equipment asset list,
geographic information system (GIS) data, and keys, as applicable, from the
Contractor;
(9) Examine the Contractor’s construction as-built drawings and geographic
information system (GIS) database once a month throughout the term of this
agreement to determine that the information is recorded accurately and timely
as required in the Contract Documents. Maintain an up-to-date set of as-built
drawings which will incorporate all FOs and change orders (COs) into the as-built
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Item 7.
5
drawing set;
(10) If the construction period extends beyond the date of final completion
provided for in the contract documents, then additional work required of the
ENGINEER may be considered as a SPECIAL SERVICE.
C. T ASK 3 – PRE-CONSTRUCTION MEETINGS, SITE VISITS, AND PROGRESS
(1) Assist the OWNER in conducting a pre-construction meeting with the
Contractor. The ENGINEER shall prepare meeting minutes in the format
prescribed by the OWNER;
(2) Throughout the term of this agreement, the ENGINEER shall visit the site
monthly to attend monthly progress meetings, observe the progress and the
quality of work, and determine if the work is proceeding in accordance with
the Contract Documents.
(3) The OWNER may also request the ENGINEER visit the site to provide additional
PROJECT support. The ENGINEER must be prepared to visit the site within a
single business day and should anticipate up to 8 hours for additional PROJECT
support site visits.
(4) The OWNER may request the ENGINEER to provide witness testing as a
SPECIAL SERVICE;
(5) ENGINEER shall conduct, in the company of the OWNER two (2) substantial
completion observations at different times to review conformance with the
design concept of the Project and general compliance with the contract
documents. The ENGINEER, with input from the OWNER, shall prepare a list of
deficiencies for the Contractor to address.
(6) ENGINEER shall conduct, with the OWNER a final inspection with the list to
verify that the list of deficiencies has been remedied by the Contractor.
ENGINEER shall review and comment on the certificate of the final completion
and the recommendation for final payment to the Contractor.
(7) Other site visits not described above may be considered as a SPECIAL
SERVICE;
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Item 7.
6
E. T ASK 4 – REVIEW OF CONTRACTOR’S SUBMITTALS
(1) ENGINEER shall produce monthly reports indicating the status of all submittals in
the review process.
(2) ENGINEER shall review Contractor submittals for conformance with the
construction Contract Documents for the PROJECT. (Assume up to 30
submittals)
(3) Review quality related documents provided by the Contractor such as shop
drawings, operation and maintenance manuals, samples, catalog data,
laboratory, shop and mill tests of material and test equipment, equipment
installation reports, and other data and documentation as required by the
construction Contract Documents .
(4) Documents received and filed as record data are not considered shop drawing
submittals.
(5) Additional authorized shop drawing submittals may be considered as a SPECIAL
SERVICE; and
F. T ASK 5 – REVIEW OF CONTRACTOR’S REQUESTS FOR INFORMATION
(1) Maintain a document control system to track the Contractor’s Requests for
Information (RFI). Review the Contractor’s RFIs and prepare a response in
accordance with the construction Contract Documents. Provide interpretation
and communicate intent if information is not addressed in the construction
Contract Documents. It is anticipated that the ENGINEER will review and
respond to up to a total of 20 RFIs. Review of RFIs in excess of the specified
number may be considered as a SPECIAL SERVICE; and
(2) Investigations, analyses, and studies (assume 3) requested by the Contractor
and approved by the AUTHORITY, for substitutions of equipment and/or
materials or deviations from the plans and specifications may be considered as a
SPECIAL SERVICE.
G. T ASK 6 – PREPARATION OF FIELD/CHANGE ORDERS
(1) Establish procedures for administering changes to the construction
Contract Documents;
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Item 7.
7
(2) Assist OWNER in processing contract modifications and in the negotiations with
the Contractor to determine the cost and time impacts of these changes;
(3) Review up to 4 Contract Modification Requests/Proposed Contract
Modifications (CMRs/PCMs);
(4) Prepare up to 4 Change Orders (COs) and up to 15 Field Orders (FOs) for
execution by the OWNER ; and
(5) Additional authorized CMR/PCM review or CO/FO preparation in excess of the
specified number may be considered as a SPECIAL SERVICE.
I. T ASK 7 – ACCEPTANCE and POST-CONSTRUCTION PHASE
(1) Review procedures and data for disinfection of water lines as per TCEQ
requirements including flushing of lines and bacteriological laboratory results.
And review procedures and data for mandrel testing of the PVC sanitary sewer
lines and water tightness testing for the sewer manholes.
(2) Provide a substantial completion inspection and review of work performed and
report findings to OWNER.
(3) Provide final walk thru and final completion inspection and review. Prepare a
Report Findings to OWNER.
(4) Coordinate and review of any Operation & Maintenance (O&M) manuals
received from the Contractor. Verify the supply and completeness of all
applicable O&M items in accordance with requirements specified in the
Contract Documents. Review detailed O&M Equipment list; and
(5) Assist the OWNER with a one year or two year WARRANTY inspection of the
PROJECT and list critical deficiencies for the OWNER to seek remedy from the
CONTRACTOR will be considered as Special Services.
J. T ASK 8 – PREPARATION OF RECORD DRAWINGS
(1) This Task is to finalize the as-built drawings that were maintained during the
PROJECT. Revise the construction drawings in accordance with the information
furnished by Contractor, reflecting changes made during construction of
the PROJECT including the following items:
(a) Pipe’s interior diameter, material, manufacturer, and stiffness;
71
Item 7.
8
(b) Location and dimensions of above-ground and below-ground structures;
(c) Manhole/structure’s type, manufacturer, material, riser interior
diameter, and interior coating installed; And Valves/ Fire Hydrant
Assemblies manufacturer, material size, and coatings installed
(d) Pipe embedment and structural backfill details;
(e) Water pipeline disinfection and bacteriological testing performed;
and
(f) Post-construction survey data (x, y, z) of valve boxes locations and
manhole flow lines verifications will be considered as Special Services as
provided in
(2) Organize and participate in a record drawings review workshop
with OWNER prior to finalizing record drawings; Discuss the lessons
learned and document those in a report to OWNER.
(3) Provide OWNER with one full-size (22- x 34-inch) bound set of record drawings
for review; and approval by OWNER.
(4) Provide OWNER with one full-size bound set of record drawings, four half- size
bound sets of record drawings, and two electronic copies (on CD in PDF and in
.dwg format). ENGINEER will assist the OWNER in collecting all documentation
for the meeting the Buy American requirements .
K. T ASK 9 – PREPARATION OF RETAINING WALL MEDALLION (SEALS)
(1) Provide construction plans and details for four (4) medallions; one on
each proposed retaining wall at intersection of IH35 and FM 455.
S pecial Services – Services that may be provided by the ENGINEER within this scope of work of
this contract, but they are not specifically identified in the total fee proposal. However, it is
understood that these type of expenses can occur during the project duration and will be
addressed on a case by case basis by the OWNER with the ENGINEER assistance. The fee for
these additional Special Services will be based on time and materials basis with a not to exceed
cost of $10,000. These Special Services scope of work and fee must be approved by the OWNER
in writing before authorization to proceed is given.
Services include the following:
Provide services past contract duration beyond 5 months. (Task II-10)
Provide factory witness testing (Task 3-4)
Other site visits (Task 3-7)
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Item 7.
9
Excess of 30 submittals review (Task 4-5)
Excess of 20 RFI (Task 5-1)
Excess of 3 substitute studies (Task 5-2)
Excess of 4 COs or 15 FOs (Task 6-5)
Provide 1 year or 2 year warranty inspection with Owner (Task 7-5)
Provide construction plans and details for 4 retaining wall medallions (Task 9).
73
Item 7.
PRIME PROVIDER: DANNENBAUM ENGINEERING CORPORATION FEE SCHEDULE
Attachment A: Hourly fee & expense schedule summary
TOTALS
Hrs Fee Hrs Fee Hrs Fee Hrs Fee Hrs Fee
MEDA MANAGEMENT (MEDALLIONS)27 3,674.00$ 3,674.00$
MEDA DESIGN OF MEDALLIONS 214 24,936.96$ 24,936.96$
MEDA ARCHITECT 15,000.00$ 15,000.00$
-$
UTIL UTILITY COORDINATION 242 46,848.10$ 46,848.10$
UTIL CONSTRUCTION INSPECTION SERVICES 138,284.80$ 138,284.80$
-$
-$
-$
-$
-$
UTIL DIRECT EXPENSES - UTILITY COORDINATION 0 2,621.90$ 2,621.90$
-$
Total 483 93,080.96$ 0 138,284.80$ 0 -$ 0 -$ 0 -$ 231,365.76$
Percent Participation 40.23% 59.77% 0.00% 0.00% 0.00% 100.00%
% PARTICIPATION =
NON-HUB 93,080.96$ 40.23%43,610.96$
HUB 138,284.80$ 59.77%187,754.80$
TOTAL 231,365.76$ 100.00%
PROJECT NAME: FM 455 & IH35
CITY OF SANGER, TX
LIMITS: INTERSECTION OF FM 455 & IH35
PRIME PROVIDER: DANNENBAUM ENGINEERING CORPORATION - DALLAS, LLC
ADDENDUM 6 - DESIGN SERVICES FEE SUMMARY
Function Codes
SUB - HUB SUB - HUB
$231,365.76
Dannenbaum Engineering
Corporation
PRIME
Medallion Design
Utility Coordination
EXHIBIT G - HOURLY FEE & EXPENSES SCHEDULE
Total PS&E Services =
VRX (Under Prime Contract)
SUB - HUB
1 of 1 Exhibit G
74
Item 7.
CITY COUNCIL COMMUNICATION
DATE: December 19, 2022
FROM: Alina Ciocan, Assistant City Manager
AGENDA ITEM: Consideration and possible action authorizing the purchase of real property
commonly identified as 117 and 123 Elm Street Sanger, Texas, from KW Elm
Investments LLC in the amount of $200,000.00; and authorizing the City
Manager to execute all related documents.
SUMMARY:
• New Downtown Park project was identified as a project in the adopted Comprehensive Plan.
• 117 Elm, 123 Elm, and 103 Bolivar were identified by staff as key assets for the project.
• Upon adoption of the Comprehensive Plan, the City Manager began inquiries and standard
negotiations for property acquisition.
• The seller agreed to a price of $200,000.00 pending Council review and acceptance
• Lots have been appraised:
o 117 Elm $70,000
o 123 Elm $78,000
FISCAL INFORMATION:
Budgeted: YES Amount: $200,000 GL Account: 002-32-6517
RECOMMENDED MOTION OR ACTION:
Staff recommends APPROVAL of the item as presented.
ATTACHMENTS:
Appraisal report
Purchase and Sale Agreement
Elm Street Surveys
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Item 8.
AN APPRAISAL REPORT
of
TWO COMMERCIAL LOTS
located
117 AND 123 ELM STREET
SANGER, DENTON COUNTY, TEXAS
as of
DECEMBER 5, 2022
prepared for
THE CITY OF SANGER
502 ELM STREET
SANGER, TX 76266
prepared by
MERIT ADVISORS
801 E. CALIFORNIA STREET, P.O. BOX 330
GAINESVILLE, TX 76240
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Item 8.
801 E. California Street, P.O. Box 330, Gainesville, TX 76241-0330
Telephone (940) 665-6452/Fax (940) 612-3921
December 6, 2022
John Noblitt
City of Sanger
502 Elm Street
Sanger, TX 76266
RE: Appraisal File No: Sng-Elm-117_123-1222
Two Commercial Lots
Located on the N/S of Elm Street and the E/S or 2nd Street and addressed as
117 and 123 Elm Street
Sanger, Denton County, Texas
Dear Mr. Noblitt:
In accordance with your request, Merit Advisors has prepared an Appraisal Report on the above
referenced property for the purpose of estimating the "As Is" Market Value of the Fee Simple Estate.
The property's legal description and scope of this assignment is presented in the section of the report
titled Nature of Assignment. The definition of Market Value is also included in this section of the
report.
An inspection of the appraised property was conducted on December 5, 2022. The analysis of the
appraised property includes consideration of relevant facts about the property, the influences of the
regional and community environment upon the subject property and the prevalent economic
conditions and trends present in the market. The assessment of this information and the opinions
concluded are set forth in the accompanying appraisal report. The report also includes maps, plats,
photographs and other exhibits as visual aids. This report is subject to the Assumptions and Limiting
Conditions which further identify the scope and use of this report.
The appraisal has been made in compliance with the requirements of the Code of Professional Ethics
and the Standards of Professional Practice of the Appraisal Institute. To the best of my knowledge,
this appraisal conforms to the Uniform Standards of Professional Appraisal Practice adopted by the
Appraisal Foundation, as well as Appraisal Instructions to Appraiser from the client.
The subject property in this report is not considered to have any si gnificant natural, cultural,
recreational or scientific value.
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Item 8.
Page 2
December 6, 2022
The subject property consists of two commercial lots with both being 20,000 SF.
Based on the foregoing investigation and analyses, it is my opinion that the subject property will have
an estimated marketing time of six to twelve months under the current market conditions. My
estimate of the "As Is" Market Value of the Fee Simple Estate of the subject property, as of December
5, 2022, is:
117 Elm Street - $70,000
123 Elm Street - $78,000
I appreciate the opportunity to provide this appraisal for you. Should you have any questions regarding
this appraisal, please do not hesitate to contact my office.
Respectfully submitted,
Merit Advisors
Benjamin T. Hawkins
State Certified #TX-1380683-G
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Item 8.
TABLE OF CONTENTS
INTRODUCTION PAGE
Summary of Salient Facts & Conclusions ........................................................................................ 1
Subject Property Location Maps and Photographs ........................................................................ 4
NATURE OF ASSIGNMENT
Limiting Conditions & Assumptions .............................................................................................. 10
Subject Property Identification ..................................................................................................... 13
Neighborhood Environment ......................................................................................................... 13
Market Environment ..................................................................................................................... 14
Ownership History of Subject ....................................................................................................... 14
Purpose and Date of Appraisal ..................................................................................................... 14
Indented Use of the Appraisal ...................................................................................................... 14
Indented User of the Appraisal ..................................................................................................... 14
Property Rights Being Appraised .................................................................................................. 15
Scope of The Assignment .............................................................................................................. 15
Definition of Market Value ........................................................................................................... 15
SUBJECT PROPERTY DATA
Site Analysis .................................................................................................................................. 16
Tax Analysis ................................................................................................................................... 17
Highest and Best Use Analysis ...................................................................................................... 18
VALUATION SECTION
The Appraisal Process ................................................................................................................... 20
Sales Comparison Approach ........................................................................................................ 21
Comparable Improved Sales and Discussion
Reconciliation and Final Value Estimate ....................................................................................... 29
Certification................................................................................................................................... 31
ADDENDA
Qualifications of Appraiser
Flood Map
Aerial Photo
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Item 8.
1
SUMMARY OF SALIENT FACTS AND CONCLUSIONS
Date of Report: December 6, 2022
Effective Date of Appraisal: December 5, 2022
Subject Property: Two Commercial lots
Location: N/S of Elm Street and the E/S of 2nd Street Addressed as:
117 and 123 Elm Street
Sanger, Denton County, Texas
Zoning: I-1 “Light Industrial”
Site Size: 20,000 SF per lot
Improvements: None
Current Use: Vacant
Highest and Best Use:
As If Vacant: Industrial development
Purpose of Appraisal: To estimate the "As Is" Market Value of the Fee Simple Estate of
the subject property, as of the date of appraisal, subject to the
assumptions and limiting conditions as set forth within this
report.
Intended Use of Appraisal: The intended use of this appraisal is to serve as a basis for
possible purchase
Intended User of Appraisal: City of Sanger
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Item 8.
2
SUMMARY OF SALIENT FACTS AND CONCLUSIONS (Continued)
Indicated Values:
“As Is”
Cost Approach Not in Scope
Income Approach Not in Scope
Direct Sales Comparison: 117 Elm Street - $70,000
123 Elm Street - $78,000
Final Estimates of Value:
Total Market Value: 117 Elm Street - $70,000
123 Elm Street - $78,000
Marketing Period: 6 - 12 months
Appraiser: Ben Hawkins
Merit Advisors
801 W. California Street, P.O. Box 330
Gainesville, TX 76241-0330
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3
SUBJECT PROPERTY LOCATION MAPS AND PHOTOGRAPHS
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4
REGIONAL LOCATION MAP
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NEIGHBORHOOD LOCATION MAP
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6
SUBJECT PHOTOGRAPHS
Photographs December 5, 2022
Looking NE from SW corner
Looking NW from SE corner
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7
SUBJECT PHOTOGRAPHS
Looking SW from NE corner
Looking SE from NW corner
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SUBJECT PHOTOGRAPHS
Street scene looking south on 2nd Street
Looking west on Elm Street extension
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9
LIMITING CONDITIONS AND GENERAL PROPERTY INFORMATION
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LIMITING CONDITIONS AND ASSUMPTIONS
1. LIMIT OF LIABILITY - The liability of Merit Advisors and employees is limited to the fee collected for
preparation of the appraisal. There is no accountability or liability to any third party.
2. COPIES, PUBLICATION, DISTRIBUTION, USE OF REPORT - Possession of this report or any copy thereof
does not carry with it the right of publication, nor may it be used for other than its intended use; the
physical report(s) remain the property of the appraiser for the use of the client, the fee being for the
analytical services only. The report may not be used for any purpose by any person or corporation other
than the clients or the party to whom it is addressed or copied without the written consent of Merit
Advisors and then only in its entirety.
Neither all nor any part of the contents of this report shall be conveyed t o the public through
advertising, public relations efforts, news, sales or other media, without the written consent and
approval of Merit Advisors nor may any reference be made in such a public communication.
3. CONFIDENTIALITY - The appraiser may not divulge the material (evaluation) contents of the report,
analytical findings or conclusions, or give a copy of the report to anyone other than the client or his
designee as specified in writing or by a court of law or body with the power of subpoena.
This appraisal is to be used only in its entirety and no part is to be used without the whole report. All
conclusions and opinions concerning the analysis which are set forth in the report were prepared by the
Appraiser(s) whose signature(s) appear on the appraisal report, unless indicated as "Review Appraiser".
No change of any item in the report shall be made by anyone other than the Appraiser, and the
Appraiser and firm shall have no responsibility if any such unauthorized change is made.
4. TRADE SECRETS - This appraisal was obtained from Merit Advisors and consists of "trade secrets and
commercial or financial information" which is privileged and confidential and exempted from disclosure
under 5 U.S.C. 552 (b)(4). Notify the appraiser(s) signing the repo rt of any request to reproduce this
appraisal in whole or in part.
5. INFORMATION USED - No responsibility is assumed for accuracy of information furnished by or from
others, the client, his designee, or public records. I am not liable for such information or the work of
possible subcontractors. The comparable data relied upon in this report has been confirmed with one or
more parties familiar with the transaction or from affidavit; all are considered appropriate for inclusion
to the best of my factual judgment and knowledge.
6. TESTIMONY, CONSULTATION, COMPLETION OF CONTRACT FOR APPRAISAL SERVICES -The contract for
appraisal, consultation or analytical service is fulfilled and the total fee payable upon completion of the
report. The appraiser(s) or those assisting in preparation of the report will not be asked or required to
give testimony in court or hearing because of having made the appraisal, in full or in part, nor engage in
post appraisal consultation with client or third parties except under separate and special arrangement
and at an additional fee.
7. EXHIBITS - The sketches and maps in this report are included to assist the reader in visualizing the
property and are not necessarily to scale. Various photos, if any, are included for the same purpose and
are not intended to represent the property in other than actual status, as of the date of the photos.
8. LEGAL, ENGINEERING, FINANCIAL, STRUCTURAL, OR MECHANICAL
NATURE, HIDDEN COMPONENTS, SOIL - No responsibility is assumed for matters legal in character or
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Item 8.
11
nature, nor matters of survey, nor of any architectural, structural, mechanical, or engineering nature.
No opinion is rendered as to the title, which is presumed to be good and merchantable. The property is
appraised as if free and clear, unless otherwise stated in particular parts of the report. The legal
description is assumed to be correct as used in this report as furnished by the client, his designee, or as
derived by the appraiser(s).
The appraiser(s) has inspected, by observation, the land and the improvements thereon; however, it
was not possible to personally observe conditions beneath the soil or hidden structure, or other
components, or any mechanical components within the improvements; no representations are made
herein as to these matters unless specifically stated and considered in the report; the value estimate
considers there being no such conditions that would cause a loss of value. The land or the soil of the
area being appraised appears firm; however, the appraiser(s ) do not warrant against occurrence of
problems arising from soil conditions. In thi s appraisal assignment, the existence of potentially
hazardous material used in the construction or maintenance of the building, such as the presence of
urea-formaldehyde foam insulation, and/or the existence of toxic waste, which may or may not be
present on the property, was not observed by the Appraiser; The appraiser, however, is not qualified to
detect such substances. The existence of urea-formaldehyde foam insulation or other potentially
hazardous waste material may have an effect on the value of the property. I urge the client to retain an
expert in this field if desired.
9. LEGALITY OF USE - The appraisal is based on the premise that there is full compliance with all applicable
federal, state and local environmental regulations and laws unless otherwise stated in the report;
further, that all applicable zoning, building, and use regulations and restrictions of all types have been
complied with unless otherwise stated in the report; further, it is assumed that all required licenses,
consents, permits, or other legislative or administrative authority, local, state, federal and/or private
entity or organization has been or can be obtained or renewed for any use consid ered in the value
estimate.
10. COMPONENT VALUES - The distribution of the total valuation in this report between land and
improvements applies only under the existing program of utilization. The separate valuations for land
and building must not be used in conjunction with any other appraisal and are invalid if so used.
11. AUXILIARY AND RELATED STUDIES - No environmental or impact studies, special market study or
analysis, highest and best use analysis study or feasibility study has been requested o r made unless
otherwise specified in an agreement for services or in the report. Th e appraiser reserves the unlimited
right to alter, amend, revise or rescind any of the statements, findings, opinions, values, estimates, or
conclusions upon any subsequent such study or analysis or previous study or analysis subsequently
becoming known to him.
12. DOLLAR VALUES, PURCHASING POWER - The market value estimated, and the costs used, are as of the
date of the estimate of value. All dollar amounts are based on the purchasing power and price of the US
dollar as of the date of the value estimate.
13. INCLUSIONS - Furnishings and equipment or business operations except as specifically indicated and
typically considered as a part of real estate have been disregarde d with only the real estate being
considered.
14. PROPOSED IMPROVEMENTS, CONDITIONED VALUE - Improvements proposed, if any, on or off site, as
well as any repairs required are considered, for purposes of this appraisal, to be completed in good and
workmanlike manner according to information submitted and/or considered by the appraiser. In cases
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of proposed construction, the appraisal is subject to change upon inspection of property after
construction is completed. This estimate of market value is as of t he date shown, as proposed, as if
completed and operating at levels shown and projected.
15. VALUE CHANGE, DYNAMIC MARKET, INFLUENCES - The estimated market value is subject to change
with market changes over time; value is highly related to exposure, time, promotional effort, terms,
motivation, and conditions surrounding the offering. The value estimate considers the productivity and
relative attractiveness of the property physically and economically in the marketplace. The "Estimate of
Market Value" in the appraisal report is not based in whole or in part upon the race, color or national
origin of the present owners or occupants of the properties in the vicinity of the property appraised.
In cases of appraisals involving the capitalization of income benefits, the market value estimate is a
reflection of such benefits and appraiser's interpretation of income, yields and other factors derived
from general and specific market information. Such estimates are as of the date of the value estimate;
and are thus subject to change as the market is dynamic and may naturally change over time.
16. MANAGEMENT OF THE PROPERTY - It is assumed that the property which is the subject of this report
will be under prudent and competent ownership and management, neither inefficient nor super
efficient.
17. GENERAL CONDITIONS -
A. The fee for this appraisal or study is for the service rendered and not for the time spent on the
physical report.
B. ACCEPTANCE OF, AND/OR USE OF, THIS APPRAISAL REPORT CONSTITUTES ACCEPTANCE OF
THE ABOVE CONDITIONS.
C. It is intended that this appraisal report comply with all statutes, rules and regulations
prohibiting discrimination on the basis of race, color, religion, sex, national origin and marital
status.
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GENERAL APPRAISAL INFORMATION PERTAINING TO THIS REPORT
Property Identification and Legal Description: A physical inspection of the subject property and
surrounding area was conducted on December 5, 2022. The subject of this is report is two 20,000 SF
commercial lots in Sanger on the north side of Elm Street and the east side of 2nd Street just east of the
Downtown Sanger area. The property’s physical street address is 117 and 123 Elm Street. The site is
considered to be readily accessible to all areas of the city, as well as IH-35.
The subject property is legally described as:
Lots 1 – 4 Block 8 Original Town of Sanger, Sanger, Texas
Neighborhood Environment: The subject is located along the north side of Elm Street and the east
side of 2nd Street just east of the Downtown Sanger area. The area has direct access to all areas of
Denton County, as well as the D/FW area to the south, via IH-35, and is in an area that is primarily
commercial use.
Due to the limited number of similar buildings in the immediate neighborhood, the expanded
neighborhood is considered to be all of Sanger, as well as similar cities in North Texas and Oklahoma.
Therefore, the location is considered good for most forms of commercial development.
The latest census information for the City of Sanger and County of Denton per the US Census Bureau
and the North Central Texas Council of Governments data indicated the following:
Year
2000
2010
2020
County
432,976
662,614
906,422
Sanger
4,534
6,916
8,839
The primary road that services the area is IH-35, a 4-lane highway being converted to 6 lanes, that
provides very good access to the immediate area and all regional areas. Per a physical inspection of
the neighborhood, access is considered to be adequate to handle current and near future demand. As
such, no adverse access conditions are considered to be present that would affect the subject
neighborhood.
The subject neighborhood is approximately 90% built-up and is comprised of all forms of development.
Surrounding property consists of light commercial/industrial in all directions, as well as multifamily to
the NW with residential located just beyond the commercial development in all directions. Occupancy
in the subject’s area is high, primarily due to the stable growth of Sanger and Denton County over the
years. There is no change in development patterns or in city government that would change this
development use. Education, shopping, and recreation facilities are considered adequate in Sanger,
with major employment opportunities are located in the city of Denton just to the south, as well as the
Dallas/Fort Worth metro area to the south, with several national corporations operate manufacturing
plants in these areas. The Denton business district is approximately 10 miles south and the Dallas/Fort
Worth metro area business district is approximately 40 miles south. The area is served by the Sanger
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14
Independent School District. Additionally, several daycare facilities are located in Sanger and
surrounding areas.
Area Market Analysis:
Based on the information contained in this report, other information obtained while researching and
preparing this report and other prior assignment in the area, prior to the COVID-19 pandemic, property
values and occupancy rates had been relatively stable to increasing for commercial property in the
subject market.
The subject market economy is primality based in manufacturing but is also tied directly to ongoing oil
and gas production just to the west. Area and national employment rates saw a significant drop as a
result of the uncertainty surrounding the COVID19 situation and a drop in oil prices. Based on
appraiser’s research in the area, current light commercial/industrial space occupancy is high, and
values have been relatively stable. The light commercial sector was less affected by the current
situation compared to other sectors such as retail/office. As of the date of this report, businesses are
open with no restrictions in place with COVID cases dropping. Additionally, oil prices are near 7-year
highs with production companies actively hiring workers. In the appraiser’s opinion, the economy will
return to a similar state within 6 - 12 months of the end of the pandemic. However, exactly when this
happens is very uncertain as of the date of this report. However, based on appraiser’s research for this
assignment and other recent assignments, it appear that the recovery has begun across most sectors.
There is also some uncertainty regarding the economic conditions with inflation rising and home sales
slowing and prices leveling off. However, the local job market remains strong, which is helping
maintain activity of both commercial and residential properties. The Appraiser’s sources of
information include North Texas Real Estate Network, CoStar Commercial Data Service, CBRE reports,
local brokers, property owners, property managers, and other appraisers, as well as published reports
from Tierra Grande Magazine, a Texas A&M Real Estate Center publication, and The Appraisal Institute.
Ownership History: According to available ownership records, the subject property is presently owned
by KW Elm Street Investments LLC, who has held the property for a period exceeding three years.
According to information provided to the appraiser by the client, the subject property is not currently
under contract for sale or listed for sale.
Purpose and Date of Appraisal: The purpose of this appraisal is to estimate the "As Is” Market Value of
the Fee Simple Estate of the subject property as it presently and physically exists, as of December 5,
2022, subject to the Limiting Conditions and Assumptions set forth in the report.
Intended Use of the Appraisal: The function of this appraisal is to serve as a basis for possible
purchase.
Intended User of the Appraisal: The intended user of this appraisal is the City of Sanger.
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Property Rights Being Appraised: The property rights being appraised are those of the Fee Simple
Estate. Fee Simple is defined by the Appraisal Institute’s Dictionary of Real Estate Appraisal, (6th
Edition, 2015), as follows:
Absolute ownership unencumbered by any other interest or estate subject only to the limitations
imposed by the governmental powers of taxation, eminent domain, police power, and escheat.
Scope of the Assignment:
The appraiser relied on Denton County Appraisal District records to identify the subject property.
The appraiser visually observed the subject property by walking about it. This is not an inspection in
accordance with Texas Real Estate Commission rules.
The appraiser collected data from the North Texas Real Estate Information System (MLS), CoStar
Commercial Data Service, local brokers and appraisers, and local businesses and property owners
regarding land sales, improved sales, and leases.
The appraiser utilized one of the three approaches to value in order to estimate the value of the
subject property, that being the Sales Approach. The Cost Approach was not utilized due to the
property being vacant land. The Income Approach was not utilized due to the property being vacant
land and this type of vacant land not typically held for income purposes. The appraiser is of the
opinion that a credible value can be determined using only the Sales Approach to value, which is
summarized in the respective section of the report and considered the final value estimate.
Definition of Market Value: The value concluded by this appraisal is based upon the definition of
Market Value as set forth by The Dictionary of Real Estate Appraisal, Sixth Edition:
Market Value is defined as the most probable price that the specified property interest should sell for in a
competitive market after a reasonable exposure time, as of a specified date, in cash, or in terms equivalent to
cash, under all conditions requisite to a fair sale, with the buyer and seller acting prudently, knowledgably, for
self-interest, and assuming that neither is under duress.
1) buyer and seller are typically motivated.
2) both parties well informed or well advised and acting in what they consider their own best interest.
3) a reasonable time is allowed for exposure in the open market,
4) payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and
5) the price represents normal consideration for the property sold unaffected by special or creative financing or sales
concessions granted by anyone associated with the sale.
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SUBJECT PROPERTY DATA
SITE ANALYSIS -
Location and Description: The subject sites are both rectangular-shaped parcels of land that contain
approximately 20,000 SF of land. The sites are situated on the north side of Elm Street and the east
side of 2nd Street just east of the Downtown Sanger area.
The subject property in this report is not considered to have any significant natural, cultural,
recreational or scientific value.
Topography: The subject sites are relatively level and near the grade of surrounding streets. According
to F.I.R.M., Community Flood Map Panel 48121-C0210G, dated 4/18/2011, none of the subject is
located a flood area. A professional survey and flood certificate are recommended to determine the
status of the flood plain on the subject property.
Easements/Encroachments: According to visual inspection of the subject property, there does not
appear to be any adverse site easements or encroachments noted as of the date of appraisal.
Access: Access to the east lot is from Elm Street on the south side of the property while the west lot
has frontage on Elm Street on the south side and 2nd Street on the west side. Therefore, access is
considered good for properties along Elm Street.
Utilities: All necessary utilities are available to the subject site, with water and sewer provided by the
City of Sanger.
Zoning: The subject site is zoned I-1 “Light Industrial” by the City of Sanger, which allows for
development of most types of light commercial and industrial uses with the exception of heavy
industrial uses.
Deed Restrictions: For the purpose of this appraisal, it is assumed there are no deed restrictions which
adversely affect development of the subject site.
Relationship of the Subject Site to Its Surroundings: The subject property is bordered by light
commercial/industrial use in all directions, with multi-family to the NW. The surrounding land uses are
not considered to be detrimental to the subject with the subject considered homogenous to the
surrounding development.
Hazardous Materials: No hazardous wastes or materials were noted during the physical inspection of
the subject property. However, no soil analysis or engineering study was provided to verify this
information. The client should satisfy themselves regarding the existence of hazardous waste by
employing an expert in this field to conduct a study is deemed appropriate.
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Tax Analysis: The property is situated within the city limi ts of Sanger, Denton County, Texas, and is
subject to the real estate taxes levied by the City of Sanger, Denton County, and the Sanger
Independent School District. The taxes are expressed at a rate of $100 of assessed value.
Taxing Authority
Rate per $100 of
Assessment
Denton County
$0.217543
Sanger I.S.D.
$1.410600
City of Sanger
$0.589497
Total 2022 Combined Rate
$2.217640
Ad Valorem Tax Assessment – 2022 Assessed Value/2022 Tax Rates
ID #
Land
Value
Improvement
Value
Assessed
Value
Total
Tax Rate
Ad Valorem
Taxes
58674
$74,250
$0
$74,250 .0221764
$1,646.60
58671
$74,250
$0
$74,250 .0221764
$1,646.60
The subject assessed value is considered reasonable based on the information contained in this report.
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HIGHEST AND BEST USE -
Highest and Best Use is defined in Appraisal of Real Estate, sponsored by the Appraisal Institute (14th
Edition, 2013), as follows:
The reasonably probable and legal use of vacant land or an improved property that is physically
possible, appropriately supported, financially feasible, and that results in the highest value. The four
criteria the highest and best use must meet are legal permissibility, physical possibility, financial
feasibility, and maximum productivity. Alternatively, the probable use of land or improved property –
specific with respect to the user and timing of the use – that is adequately supported and results in the
highest present value.
The appraiser has applied the four tests to potential use of the property, which are 1: Is the use
physically possible, 2: Is the use legally permissible, 3: Is the use financially feasible, and 4: Is the use
maximally productive. The appraiser has completed an inspection of the subject property, a study of
the trends within the neighborhood and region and researched, analyzed and considered the
permitted and potential site use.
The subject is a size and shape that would accommodate a variety of uses. Further, the subject is
located on a secondary thoroughfare through Sanger in an area that is zoned for industrial use,
meaning development of the site is restricted to most industrial/light commercial uses. Based on the
information contained in this report as well as the appraiser’s experience in the market, occupancy
rates are high, and supply/demand of light commercial buildings appears to be in balance.
Additionally, based on the amount of new construction in the surrounding area, industrial/light
commercial development appears financially feasible. Therefore, the appraiser is of the opinion that
the highest and best use of the subject property “as vacant” is for industrial/light commercial use.
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VALUATION SECTION
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THE APPRAISAL PROCESS -
There are three approaches which may be used in the appraisal of real estate property. These
approaches to value include the Cost Approach, the Sales Comparison Approach and the Income
Approach. These approaches are defined in Appraisal of Real Estate, sponsored by the Appraisal
Institute (14th Edition, 2013), as follows:
The Cost Approach is "that approach in appraisal analysis which is based on the proposition that the informed
purchaser would pay no more than the cost of producing a substitute property with the same utility as the subject
property. It is particularly applicable when the property being appraised involves relatively new improvements
which represent the highest and best use of the land or when relatively unique or specialized improvements are
located on the site and for which there exists no comparable properties on the market."
The Sales Comparison Approach is "traditionally an appraisal procedure in which the market value estimate is
predicated upon prices paid in actual market transactions and current listings, the former fixing the lower limit of
value in static or advancing market (price-wise) and fixing the higher limit of value in a declining market; and the
latter fixing the higher limit in any market. It is a process of analyzing sales of similar, recently sold properties in
order to derive an indication of the most probable sales price of the property being appraised. The reliability of
this technique is dependent upon (a) the availability of comparable sales data, (b) the verification of the sales data,
(c) the degree of comparability or extent of adjustment necessary for time differences, and (d) the absence of non-
typical conditions affecting the sales price."
The Income Capitalization Approach is "that procedure in appraisal analysis which converts anticipated benefits
(dollar income or amenities) to be derived from the ownership of property into a value estimate. The income
approach is widely applied to appraising income producing property. Anticipated future income and/or reversions
are discounted when applicable."
In essence, all approaches to value (particularly when the purpose of the appraisal is to establish
market value) are market data approaches since the data inputs are presumably market derived. The
appraiser utilized the only the Sales Comparison Approach to value in order to estimate the value of
the subject property. The Cost Approach was not utilized due to the property being vacant land. The
Income Approach was not utilized due to the property being vacant land and this type of property not
being held for income purposes. It is the appraiser’s opinion that a credible value can be derived using
on the Sales Approach to value.
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Land Valuation -
A value estimate for the subject site may be indicated by employing one of four procedures:
1. The Sales Comparison Approach
2. The Allocation Procedure
3. The Extraction Method
4. The Land Residual Technique
Of these four procedures, the Sales Comparison Approach is considere d the most reliable.
For this analysis, the Sales Comparison Approach and Extraction Method have been selected to
estimate the value of the subject site as though vacant and available to be developed to its highest
and best use due to the lack of comparable sales. The lack of more recent comparable land sales in
the market is evidence of the past conditions of the market. However, as of the date of appraisal,
the sales listed on the following page are considered to be the most comparable sales to that of the
subject property. These sales have been verified by either the buyer, the seller, broker or other
sources considered reliable and having knowledge of the particular transaction. The selected sales
are documented on the following pages with a location map for visual reference as to each sale’s
location relative to the subject site. Adjustments are required to the prices paid for each of the
selected sales to compensate for differences between each tract and the subject site. In applying
such adjustments, it is necessary to consider the following factors:
Market Conditions - The date of sale is considered in order to assess the overall trend and changes in price
levels in the area caused by a lapse in time. This factor may also be appropriate when necessary to estimate
the development potential or timing of a particular sale until the market dictates that it is ready for
development.
Location - Location is an important element to land value. Major location considerations include the general
character and trend of surrounding development in the neighborhood are a, as well as overall access and
exposure, and the relative importance of thoroughfare frontage.
Physical/Utility Characteristics - The overall physical utility and/or characteristics of land have a direct bearing
upon its development potential and, therefore, land value. Physical elements which must be considered
include zoning, topography, soil conditions, availability of utility services, overall size, shape, depth and any
extraordinary development costs which might be applicable.
Conditions of Sale - Conditions of sale refers to seller/ buyer motivation, special terms of financing
arrangements, and/or abnormal circumstances surrounding the transaction which influenced the sale price.
Examples of such conditions might include a forced sale, extraordinary seller financing, sale between related
parties, or a sale resulting from the exercise of an old option.
Methods of Comparison:
The appraiser investigated the market with regard to any sales of vacant tracts with similar
zoning/potential use. This research indicated that there have been a limited number of
comparable sales in the subject's general area. The assembled sales exhibit similar characteristics
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to that of the subject property and have been included on the following pages and analyzed in the
text that follows.
The sales price per square foot is a unit of comparison which expresses the relationship of the price
or value of a property by the property's size in square feet. This is a very common unit of
comparison applied to vacant land as well as improved properties. This method of comparison is
most reliable when the sales data employed exhibit a high degree of comparability. Due to the
large variances in location, size and age/condition at the date of sale as compared to the subject,
the appraiser used paired sales, market indicators and judgment to adjust for the differences
between the comparables and the subject.
The appraiser has included properties that have sold in the commercial area market segment of
Sanger that occurred from mid-2021 to the present date. The subject is two vacant commercial
lots well located in the Sanger area market.
Here follows a summary of the comparable sales identified by the appraiser for purposes of
analysis.
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LAND SALE NO. 1
Location:
TBD I-35, Sanger
Legal Desc.
Part of Lot 1 Block 2 Sable Business Park Phase 1
Grantor:
Kelly
Grantee:
Dior Holdings LLC
Property Data:
Size:
21,257 SF
Flood Plain:
None
Zoning: B-2 Business
Shape:
Rectangular
Utilities:
All available
Easements:
None detrimental
Frontage:
Interstate 35
Improvements:
None at date of sale
Topography:
Mostly level
Intended Use:
Commercial development
Sales Data:
Sale Date:
9/8/2021
Recording Data:
2021-177872
Sales Price:
$87,000 or $4.09/SF
Terms:
Cash to Seller
Comments:
Located just northwest of the subject on Interstate 35. All utilities available.
Source:
Broker/Denton County deed records
LAND SALE NO. 2
Location:
209 Southland Drive
Legal Desc. Lot 11A Block 1 Sanger South Addn.
Grantor:
Mathews
Grantee:
Punj Land LLC
Property Data:
Size:
49,963 SF
Flood Plain:
None
Zoning: B-1 Business
Shape:
Rectangular
Utilities:
All available
Easements:
None detrimental
Frontage:
S. 5th and Southland
Improvements:
None at date of sale
Topography:
Level
Intended Use:
Commercial development
Sales Data:
Sale Date: 10/25/2022
Recording Data:
2022-151416
Sales Price:
$225,000 or $4.50/SF
Terms:
Cash to Seller
Comments:
Located just southwest of the subject just off I-35.
Source:
Broker/Denton County deed records
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LAND SALE NO. 3
Location:
220 S. 1st Street
Legal Desc.
Lot 1 Block 3 Shirley Addn.
Grantor:
Elerson
Grantee:
Janin
Property Data:
Size:
16,584 SF
Flood Plain:
None
Zoning: PD B-1 Planned
Development Business
Shape:
Rectangular
Utilities:
All available
Easements:
None detrimental
Frontage:
1st Street
Improvements:
4,300 SF commercial building
Topography:
Mostly Level
Intended Use:
Continued commercial
development
Sales Data:
Sale Date: 10/6/2021
Recording Data:
2021-186038
Sales Price:
$275,000 or $3.62/SF for land only
Terms:
Cash to Seller
Comments:
Just south of the subject off 1st Street. Building has estimated contributory value of
$50/SF or $215,000.
Source:
Broker/Denton County deed records
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COMPARABLE IMPROVED SALES LOCATION MAP
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LAND SALES SUMMARY
Sale No.
Location
Size/SF
Sale Date
Sales Price/SF
1
TBD I-35
21,257
9/21
$4.09
2
209 Southland Drive
49,963
10/22
$4.50
3
220 S. 1st Street
16,584
10/21
$3.62*
Subject
117/123 Elm Street
20,000 SF each
----
----
*based on sales price less contributory value of existing building
The sales presented herein, are the most recent sales of similar sized sites with potential uses
similar to that of the subject that could be confirmed by the appraiser in relatively close proximity
to the subject property. The foregoing sales, in the appraiser’s opinion, offer sufficient
comparability to provide an estimate as to the value of the subject site. Each of the sales has been
analyzed on a sale price per square foot basis, and typically smaller tracts tend to sell for more on a
per square foot basis than do larger tracts. Sites such as corner parcels or properties with
extensive frontage and good exposure to major thoroughfares or easy access tend to sell for more
than do parcels with limited road frontage. Other facto rs which can influence value include
availability of utilities, tract size, topography, density, zoning, site utility, and date of sale.
The sales represent a variety of sites suitable for similar use or development which range in size
from 16,584 to 49,963 SF with a sales price range from $3.62/SF to $4.50/SF on an unadjusted
basis. Each of the sales with the required adjustments is displayed in the Adjustment Chart, on the
following page, with the required adjustments summarized in the text that follows. The appraiser
has attempted to determine the number of adjustments applicable to each sale with regard to the
different variables that affect value. The minimal amount of data available in the area impairs the
effectiveness of a paired sales analysis. Therefore, in those areas where a full paired sales analysis
was not available, the appraiser has relied upon data from informational services plus his expertise
and judgment. Each sale has been analyzed on a per square foot basis for these different variables.
The subject is two 20,000 SF sites.
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ADJUSTMENT CHART - AS IS – 20,000 SF SITE
Sales Price/SF
Subject
- - -
Sale 1
$4.09
Sale 2
$4.50
Sale 3
$3.62
Property Rights
Conveyed
Adjustment
Fee Simple
- - -
Fee Simple
-0-
Fee Simple
-0-
Fee Simple
-0-
Condition of Sale
Adjustment
N/A
- - -
Cash to
Seller
-0-
Cash to
Seller
-0-
Cash to
Seller
-0-
Market Conditions
Adjustment
12/22
- - -
9/21
-0-
10/22
-0-
10/21
-0-
Adjusted Price/Acre
- - -
$4.09
$4.50
$3.62
Size (SF)
Adjustment
20,000
- - -
21,257
-0-
49,963
+10%
16,584
-0-
Location
Adjustment
Average
- - -
Superior
-25%/-15%
Superior
-25%/-15%
Similar
-0-/+10%
Final
Adjusted Price/Acre
- - -
$3.07/
$3.48
$3.83/
$4.28
$3.62/
$3.98
EXPLANATION OF ADJUSTMENTS -
Time/Date of Sale, Condition, Ownership Interest - This appraisal is made as of December 5, 2022,
considering an Arm’s Length/Cash to Seller transaction, and Fee Simple interest. Each sale closed
within a reasonable timeframe under similar conditions. Appraiser considered no adjustments
necessary.
Size: The comparable sales utilized range in size from 16,584 to 49,963 SF. Under normal market
conditions, larger sites sell for less per unit than smaller sites, primarily due to economies of scale. The
appraiser has applied subjective analysis of the comparable sales compared to the subject as to a size
adjustment. Sales 1 and 3 are considered mostly similar in size, while Sale 2 is considered somewhat
larger. Therefore, an upward adjustment of 10% was applied to this sale for the factor of size.
Location: The subject lots are located just east of the Downtown Sanger area in an industrial area on a
paved secondary city thoroughfare, with the east lot being an interior lot and the west lot being a
corner lot. The appraiser has applied subjective analysis of the comparable sales compared to the
subject as to a location adjustment. Sale 1 is located on I-35 just north of Sanger, while Sale 2 is
located in Sanger just off I-35. Therefore, each of these sales were adjusted downward 25% for a
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superior location for the interior lot value and downward 15% for the corner lot. Sale 3 was mostly
similar in location compared to the interior lot and inferior to the corner lot. Therefore, this sale was
adjusted upward 10% for the subject corner lot value.
Site Value Conclusion: The three most comparable land sales available, presented in the Adjustment
Chart, have been analyzed on a sales price per square foot basis. The summarized adjustments
explained on the preceding page indicate a value range from a low of $3.07 per SF to a high of $3.83
per SF for the interior lot and $3.48/SF and $4.28/SF for the corner lot. A value per SF toward the
middle of the range of the adjusted sales is considered to be a reasonable and appropriate value for
the subject sites, or $3.50/SF for the interior lot and $3.90/SF for the corner lot . Based on the
indicated values, the value of the lots, “as vacant”, as of December 5, 2022, is estimated as follows:
Interior - 20,000 SF x $3.50/SF = $70,000
Corner - 20,000 SF x $3.90/SF = $78,000
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RECONCILIATION AND FINAL VALUE ESTIMATE -
Two basic factors in any approach utilized in a value estimate, or appraisal, are immediately apparent
based on previously given and widely recognized appraisal definitions. First, rational and informed
behavior is primary in the definition of market value. Second, a highest and best use of a property is
fundamental in a value estimate. Consideration has been given to the highest and best use analysis,
including accessibility, suitability for development and current development in the neighborhood, both
existing and proposed.
A summary of the value estimates by the three approaches is as follows:
Cost Approach Not in Scope
Income Approach Not in Scope
Sales Comparison Approach
117 Elm - $70,000
123 Elm - $78,000
The Cost Approach is based upon the estimated cost of the improvements less depreciation, plus the
current market value of the land. This approach tends to provide a long-term value indication. Current
market value is sensitive to short term fluctuations in both real estate and money markets. Over time,
resulting values tend to fluctuate, both above and below, the depreciated reproduction cost, assuming
other factors remain constant. Only the physical components of the subject property are reflected in
the Cost Approach, and it is most applicable when the improvements are either proposed or recently
constructed or renovated. Due to the subject being vacant land, the Cost Approach was not developed
for this assignment.
The Income Approach is an analysis and measure of the investment qualities of the appraised
property. Because properties of this type are usually purchased by an investor for a perceived internal
rate of return or yield, the Income Approach is considered to be a reasonable estimate of value
provided market rental rates and expenses can be accurately measured. The strength of this approach
is that it quantifies current market conditions and motivations within the market. This approach is
based on current market rentals in the immediate area, with expenses based on similar properties
within the market area. The subject is vacant land and the type of land not typically held for income
purposes. Therefore, the Income Approach was not developed for this assignment.
The Sales Comparison Approach is based upon sales of other similar properties and produces an
indication of value based upon prices actually paid in the market. This approach is useful, considering
the recent sales available in this immediate area; however, its reliability is weakened by the significant
differences noted in many of the sales found. The value derived via the Sales Comparison Approach
tends to mirror the market. There were a limited number of reasonably comparable sales in the
immediate area; however, the data obtained and utilized in this analysis was considered to be both
reasonable and appropriate. Further, each of the sales was of a vacant site with similar development
potential. Therefore, the appraiser gives all weight to this approach to value in this analysis.
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Item 8.
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The values indicated by the Sales Approach is considered appropriate for the subject property in this
analysis due to the subject being vacant land. Therefore, it is the appraiser's opinion that the "As Is"
Market Value of the Fee Simple Estate of the subject property as of December 5, 2022, is:
117 Elm - $70,000
123 Elm - $78,000
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CERTIFICATE
I do hereby certify that, except as otherwise noted in this appraisal report:
1. The statements of fact contained in this report are true and correct;
2. The reported analyses, opinions and conclusions are limited only by the reported assumptions and
limiting conditions and is my personal, unbiased professional analyses, opinions and conclusions;
3.I have no present or prospective interest in the property which is the subject of this r eport and I have no
personal interest or bias with respect to the parties involved;
4. My compensation is not contingent upon an action or event resulting from the analyses, opinions or
conclusions in, or the use of, this appraisal report;
5. The appraisal was not based on a requested minimum valuation, a specific valuation, or approval of a
loan;
6.My analysis, opinions and conclusions were developed, and this report has been prepared in conformance
with the requirements of the Code of Professional Ethics and the Standards of Professional Practice of the
Appraisal Institute and Title XI-FIRREA, 1989. The use of this report is subject to the requirements of the
Institute relating to review by its duly authorized representatives;
7. My analysis, opinions and conclusions were developed, and this report has been prepared in conformity
with the rules of the Texas Appraisers Licensing and Certification Board.
8. Benjamin T. Hawkins made a personal inspection of the property which is the subject of this repor t.
9. No other than the undersigned provided significant professional appraisal assistance in the preparation of
this report.
10. It is noted that while it is possible that the subject property could sell within a shorter time period, it is
my opinion that a more probable marketing time for the subject property would be six to twelve months.
11. The appraiser has not performed any services, appraisal or otherwise, on the subject within the 3 years
preceding the engagement for this assignment.
MERIT ADVISORS
Ben Hawkins
State Certified General License #TX-1380683-G
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ADDENDUM
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Item 8.
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Qualifications of Appraiser
112
Item 8.
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113
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Benjamin T. Hawkins
bhawkins@meritadvisor.com
State Certified General Real Estate Appraiser
Texas - #1380683-G
Oklahoma - #13226CGA
Qualification Summary
• Over twenty-five years of experience in real estate.
• Over fifteen years of appraisal experience.
• Solid reputation for providing outstanding customer service.
• Experience working with various ethnic, religious and cultural background s.
Employment History
• 2004 – Present Tierra Company / Merit Advisors Gainesville, TX
Staff Appraiser
• 1996 – 2004 Hawkins and Associates - Gainesville, TX
Real Estate Sales, Consulting, and Appraisals
Education
• Bachelor of Business Administration Texas Tech University
o General Business Major
Emphasis in Marketing, Finance,
Management, and Real Estate
Training
• 120+ hours for Real Estate Salesperson Exam.
• 500+ hours of appraisal course work.
Sample of courses:
Income Capitalization
How to Analyze and Value Income Property
Appraisal and Analysis of Industrial and Flex Buildings
Land and Site Valuation
Appraisal of Owner-Occupied Commercial Property
Appraisal of Small Apartment Properties
Construction Details and Trends
Hotel Appraising: Limited and Full Service
Commercial Appraisal Review
Expert Witness for Commercial Properties
Appraisal of Self-Storage Facilities
• Texas Real Estate Salesperson License # 0449985.
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Representative Appraisal Experience
• Commercial Real Estate
• Farm and Ranch/Large Tracts
• Subdivision/Development
• Residential/Multi-family
• Estates
• Divorce Cases
• Condemnation Working for Both Property Owners and Entities
Representative Court Experience
• District Court Testimony in Texas and Oklahoma
• Local County Court Testimony
• Condemnation Hearings in Cooke and Grayson Counties
References:
Mr. Steven Sims, Senior Lender First State Bank, Gainesville (940) 665 -1711
Mr. Brandon Bayer, Muenster State Bank, Gainesville (940) 665-7900
Mr. Jeff Brooks, Chief Lending Officer, Legend Bank, (903) 564-5606
Mr. Luke Motley, Attorney, Sherman (903) 892-9133
Mr. Phil Adams, Attorney, Gainesville (940) 668 -6666
Mr. Brian Hess, CPA, Gainesville (940) 665 -2345
Partial List of Past Clients
Lenders
First State Bank
Prosperity Bank
Muenster State Bank
NASCOGA FCU
Legend Bank
1st State Bank
Independent Bank
Sanger Bank
American Bank of Texas
Rabo AgriFinance
AgriLand Farm Credit
Texas Star Bank
Valley State Bank
Texans Credit Union
North Texas Bank
TIB – The Independent Bankers Bank
Bank of Texas
Attorneys/Accountants
Adams & Bennett, Gainesville
H. Mack Barnhart, Gainesville
Chuck Bartush Jr., Muenster
Luke Motely, Sherman
Josh Westrom, Denton
Lee Tatum, Gainesville
Sullivant & Sullivant, Gainesville
Hess & Rhomer, Gainesville
Roy G. Bryan, Gainesville
Schumacher & Krahl, Gainesville
Various Entities
City of Sherman
City of Gainesville
Town of Sunnyvale
City of Corinth
Greater Texoma Utility Authority
First State Bank Trust Department
Cooke County Appraisal District
Guarantee Trust Life Insurance
Funeral Directors Life Insurance
B-29 Investments, Gainesville
Select Energy Services, Gainesville
Frost Financial Management Group
J.R. Marriott, Inc.
Gainesville Economic Development Corp
Sherman Economic Development Corp
Trident Tanks & Vessels, Gainesville
Gainesville Housing Authority
Gainesville ISD
Forestburg ISD
Lehigh Hanson Aggregates
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Item 8.
FLOOD MAP
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Item 8.
AERIAL PHOTO OF PROPERTY
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Item 8.
PURCHASE AND SALE AGREEMENT
between
KW Elm Investment LLC
and
the City of Sanger
dated as of
December 20, 2022
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Item 8.
PURCHASE AND SALE AGREEMENT
This PURCHASE AND SALE AGREEMENT (this "Agreement"), dated as of December 19,
2022 (the "Effective Date"), is entered into between KW Elm Investment LLC, a Texas limited liability
company ("Seller") having an address at 2888 Switzer Road, Sanger, Texas 76266 and the City of
Sanger, a Texas Home Rule Municipality ("Purchaser") having an address at 502 Elm Street, P.O. Box
1729, Sanger, Texas 76266.
RECITALS
WHEREAS, Seller is the owner of the Property (as hereinafter defined); and
WHEREAS, subject to the terms and conditions hereof, Seller desires to sell to Purchaser the
Property and Purchaser desires to purchase the Property from Seller.
NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth
and for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:
ARTICLE I
DEFINITIONS
The following terms have the meanings specified or refereed to in this ARTICLE I:
Agreement" has the meaning set forth in the preamble.
Broker" has the meaning set forth in Section 13.01.
Brokerage Agreements" has the meaning set forth in Error! Reference source not found..
Closing" has the meaning set forth in Section 4.01 et seq.
Closing Date" has the meaning set forth Section 4.01(a).
Confidential Information" has the meaning set forth in Section 12.01.
Deposit" has the meaning set forth in Section 3.01(a).
Escrow Agent" has the meaning set forth in Section 3.01(a).
Excluded Personal Property" has the meaning set forth in Section
Improvements" has the meaning set forth in the Section 2.01(b).
Land" has the meaning set forth in Section 2.01(a).
Notices" has the meaning set forth in Section 9.01.
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Item 8.
OFAC" has the meaning set forth in Section 6.01(1).
Permitted Exceptions" has the meaning set forth in Section 5.02.
Property" has the meaning set forth in Section 2.01.
Purchase Price" has the meaning set forth in Section 3.01.
Purchaser" has the meaning set forth in the preamble.
Purchaser Default" has the meaning set forth in Section 10.01(a).
Purchaser Related Party" shall mean collectively any Purchaser agent, advisor, representative,
affiliate, employee, director, partner, member, beneficiary, investor, servant, shareholder, trustee, or
other person or entity acting on Purchaser's behalf or otherwise related to or affiliated with Purchaser.
Purchaser's Survey" has the meaning set forth in Section 5.03(a)(ii).
Rents" has the meaning set forth in Error! Reference source not found..
Seller" has the meaning set forth in the preamble.
Seller Related Party" shall mean collectively any Seller agent, advisor, representative, affiliate,
employee, director, partner, member, beneficiary, investor, servant, shareholder, trustee, or other person
or entity acting on Seller's behalf or otherwise related to or affiliated with Seller.
Seller's Survey" has the meaning set forth in Section 5.02(c).
Title Commitment" has the meaning set forth in Section 5.03(a)(i).
Title Insurance Company" has the meaning set forth in Section 5.01.
Title Objection Date" has the meaning set forth in Section 5.03(b).
Title Objection Notice" has the meaning set forth in Section 5.03(b).
Transaction Parties" has the meaning set forth in Section 12.01.
Violations" has the meaning set forth in Section 5.05.
Voluntary Liens" has the meaning set forth in Section 5.04(d).
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Item 8.
ARTICLE II
CONVEYANCE OF THE PROPERTY
Section 2.01 Subject of Conveyance. Seller agrees to sell and convey to Purchaser and
Purchaser agrees to purchase from Seller, upon the terms and conditions hereinafter set forth, all right,
title, and interest of Seller in and to the following (collectively referred to herein as the "Property"):
a) All that certain lot, piece, or parcel of land located at 117-123 Elm Street, Sanger,
County of Denton and State of Texas, as more particularly bounded and described in Exhibit A
attached hereto and hereby made a part hereof (the "Land");
b) .All buildings and improvements located on the Land and all of Seller's right, title,
and interest in and to any and all fixtures attached thereto (collectively, the "Improvements");
c) All rights appurtenant to the Land, if any, including without limitation, any strips
and gores abutting the Land, and any land lying in the bed of any street, road, or avenue in front
of, or adjoining the Land, to the center line thereof;
d) All other rights, privileges, easements, licenses, appurtenances, and hereditaments
relating to the Property. Additionally, there are no leases encumbering the Property.
Notwithstanding anything herein to the contrary, "Property" does not include any tenant fixtures
or other property belonging to the tenants at the Property, or any item leased from third -parties.
Section 2.02 Excluded Personal Property. The sale of the Property contemplated by this
Agreement shall not include the personal property.
Section 2.03 AS -IS.
a) Subject to Section 5.03 of this Agreement, Purchaser acknowledges that
Purchaser has made thorough inspections and investigations of the Property and Purchaser agrees
to take title to the Property "AS -IS, WHERE IS, AND WITH ALL FAULTS" and in the
condition existing as of the date of this Agreement, subject to reasonable use, ordinary wear and
tear, and without any reduction in or abatement of the Purchase Price. Purchaser has undertaken
all such investigations of the Property as Purchaser deems necessary or appropriate under the
circumstances as to the status of the Property and the existence or non-existence of curative
action to be taken with respect to any hazardous or toxic substances on or discharged from the
property, and based upon same, Purchaser is and will be relying strictly and solely upon such
inspections and examinations and the advice and counsel of its own consultants, agents, legal
counsel, and officers.
b) Neither party to this Agreement is relying on any statement or representation not
expressly stated in this Agreement. Purchaser specifically confirms and acknowledges that in
entering into this Agreement, Purchaser has not been induced by, and has not relied upon,
whether express or implied, warranties, guaranties, promises, statements, inducements,
representations, or information pertaining to the Property or its uses, the physical condition,
environmental condition, state of title, income, expenses, or operation of the Property, or any
other matter or thing with respect thereto, written or unwritten, whether made by Seller or any
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Item 8.
agent, employee, or other representative of Seller, or any broker or any other person representing
or purporting to represent) Seller, which are not expressly set forth in this Agreement. Seller
shall not be liable for or bound by any written or unwritten statements, representations,
warranties, brokers' statements, or other information pertaining to the Property furnished by
Seller, any broker, any agent, employee, or other actual (or purported) representative of Seller, or
any person, unless and only to the extent the same are expressly set forth in this Agreement.
c) Seller makes no warranty with respect to the presence of any hazardous or toxic
substances on, above, beneath, or discharged from the Property (or any adjoining or neighboring
property) or in any water on or under the Property. The Closing hereunder shall be deemed to
constitute an express waiver of Purchaser's right to recover from Seller, and upon the Closing,
Purchaser forever releases, covenants not to sue, and discharges Seller from, any and all
damages, demands, claims, losses, liabilities, penalties, fines, liens, judgments, costs, or
expenses whatsoever, including attorneys' fees and costs, whether direct or indirect, known or
unknown, foreseen or unforeseen, that may arise on account of or in any way be connected with
the physical condition of the Property.
d) The provisions of this Section 2.03 shall survive the Closing and shall not be
deemed to have merged into any of the documents executed or delivered at the Closing.
ARTICLE III
PURCHASE PRICE
Section 3.01 Purchase Price and Deposit. The purchase price to be paid by Purchaser to
Seller for the Property is Two Hundred Thousand and No/100 Dollars ($200,000) (the "Purchase
Price"). The Purchase Price shall be payable as follows:
a) Simultaneously with the execution and delivery of this Agreement by Purchaser,
the sum of Ten Thousand and No/100 Dollars ($10,000) and additional, independent
consideration in the amount of One Hundred and No/100 Dollars ($100.00) together with any
interest earned thereon, (collectively, the "Deposit") by Purchaser's wire transfer of immediately
available federal funds to Michelle Neely, as escrow agent ("Escrow Agent"), to an account at
such bank as designated by Escrow Agent. The receipt of the Deposit is hereby acknowledged
and Escrow Agent agrees to hold the Deposit in escrow pursuant to the terms of ARTICLE XI of
this Agreement. Any interest earned on the principal portion of the Deposit shall be deemed to be
part of the Deposit and shall be paid together with the principal portion of the Deposit, it being
understood and agreed that if the transaction contemplated under this Agreement closes, any
interest earned on the Deposit shall not be credited to the Purchase Price upon the Closing and
shall, upon the Closing, be and remain the property of Seller.
b) The balance of the Purchase Price in the amount of One Hundred and Ninety
Thousand and No/100 Dollars ($190,000) shall be paid to Seller on the Closing Date, subject to
any credits or apportionments as provided for under this Agreement, simultaneously with
delivery of the deed, by one or more wire transfers of immediately available federal funds to an
account, or accounts, designated in writing by Seller no later than five (5) days prior to the
Closing Date.
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Item 8.
Section 3.02 No Financing. Purchaser expressly agrees and acknowledges that Purchaser's
obligations to pay the Purchase Price and otherwise consummate the transactions contemplated hereby
are not in any way conditioned upon Purchaser's ability to obtain financing of any type or nature
whatsoever (i.e., whether by way of debt financing, equity investment, or otherwise).
ARTICLE IV
CLOSING
Section 4.01 Closing Date.
a) The closing of the transaction contemplated by this Agreement (the "Closing")
shall take place at 12:00 pm Central Time on December 23, 2022 or on such later date and time
as provided under Section 4.01(b) of this Agreement (the "Closing Date") at the offices of Doma
Title, Denton Branch located at 525 S. Locust St. - Suite 400, Denton, TX 76201.
b) Pursuant to Section 5.04(a) of this Agreement, Seller shall have the right to
adjourn the Closing Date,
Section 4.02 Seller's Closing Deliverables. At the Closing, Seller shall deliver or cause to be
delivered to Purchaser, the following executed, certified, and acknowledged by Seller, as appropriate:
a) A special warranty deed, executed with the appropriate acknowledgement form
and otherwise in proper form for recording so as to convey title to the Property as required by
this Agreement. The delivery of the special warranty deed by Seller, and the acceptance by
Purchaser, shall be deemed the full performance and discharge of every obligation on the part of
Seller to be performed pursuant to this Agreement, except those obligations of Seller that are
expressly stated in this Agreement to survive the Closing.
b) A certification that Seller is not a "foreign person" as such term is defined in
Section 1445 of the Internal Revenue Code, as amended and the regulations thereunder, which
certification shall be signed under penalty of perjury.
c) Originals, or copies certified by Seller as being complete, of all applicable bills,
invoices, and other items that shall be apportioned as of the Closing Date.
d) A consent of the members of Seller authorizing the transaction contemplated
hereby and the execution and delivery of the documents required to be executed and delivered
hereunder.
e) Seller's original closing statement and any disclosure forms required under federal
and/or state law.
f) All keys and access codes to any portion of the Property, to the extent in Seller's
possession or control.
g) All other documents reasonably necessary or otherwise required by Escrow Agent
and Title Insurance Company to consummate the transaction contemplated by this Agreement.
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Item 8.
Section 4.03 Purchaser's Closing Deliverables. At the Closing, Purchaser shall deliver or
cause to be delivered to Seller, the following, executed, certified, and acknowledged by Purchaser, as
appropriate:
a) Purchaser's original closing statement and any disclosure forms required under
federal and/or state law.
b) Purchaser shall, where applicable, join with Seller in the execution and delivery of
the closing documents and instruments required under Section 4.02 of this Agreement.
c) A consent of the manager of Purchaser authorizing the transaction contemplated
hereby and the execution and delivery of the documents required to be executed and delivered
hereunder.
d) All other documents reasonably necessary or otherwise required by Escrow Agent
and Title Insurance Company to consummate the transaction contemplated by this Agreement.
Section 4.04 Closing Costs.
a) Seller and Purchaser shall each pay the fees and expenses of its own counsel in
connection with the preparation and negotiation of this Agreement. The deed and other
agreements and instruments related to the transaction contemplated by this Agreement and such
legal costs shall not be part of the closing costs; provided, however, that if any legal action is
instituted under this Agreement, the prevailing party in such action shall be entitled to recover
from the other parry costs related to such legal action, including reasonable attorneys' fees and
costs in all trial, appellate, post judgment, and bankruptcy proceedings.
b) Seiler shall pay:
i) The commission owed to the Broker, if any, pursuant to ARTICLE XIII of
this Agreement;
ii) All recording fees for the release of any liens on the Property, as required
pursuant to the terms of this Agreement; and
The title insurance premium charged by Title Insurance Company for
Purchaser's owner's title insurance policy.
c) Purchaser shall pay:
i) Title Insurance Company charges for title endorsements to Purchase's
owner's policy as well as the premium for a loan policy required by Purchaser's lender, if
any;
update;
The costs related to the Purchaser's Survey and any other survey or survey
iii) Any other fees or costs related to Purchaser's due diligence reviews;
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Item 8.
iv) Any transfer fees charged by the issuer of any letters of credit; and
v) A11 costs related to the recording fees payable in connection with the
recording of the deed and Purchaser's lender's security instruments, if any.
Section 4.05 Apportionments. The following shall be apportioned as %J 11:59 p.m. Central
Time of the date immediately preceding the Closing Date, unless expressly provided for otherwise:
a) Seller shall pay for any and all real estate taxes due and payable before the
Closing. Purchaser shall pay for any and all real estate taxes due and payable on or after the
Closing. No real estate tax credit or proration shall be given to Purchaser by Seller. If the
Property shall be, or has been, affected by any assessments or special assessments payable in a
lump sum or which are, or may become, payable in installments, of which the first installment is
then a charge or lien, or has already been paid, then at the Closing such amounts will be paid or
apportioned, as the case may be, in the following manner:
i) Any such assessments or installments, or portion thereof, payable on or
after the Closing Date shall be the responsibility of Purchaser; and
ii) Any such assessments or installments, or portion thereof, payable prior to
the Closing Date shall be the responsibility of Seller.
The obligations contained in this Section 4.05(a) shall survive the Closing and shall not
be merged into the Deed.
b) All water and sewer charges based on the fiscal year for which they are assessed,
unless the meters are read on the date immediately preceding the Closing Date; provided,
however, that if any such charges or rents are payable by any tenant under the Leases, such
charges or rents shall not be apportioned.
c) Utilities, fuel, gas, and electric charges based on most recently issued bills, unless:
1) the meters are read on the date immediately preceding the Closing Date; or (ii) the Purchaser
has opened its own accounts as of the Closing Date; provided, however, that if any such charges
are payable by any tenant under the Leases, such charges shall not be apportioned.
d) Any leasing commissions due to any broker or leasing agent on or after the date
hereof in connection with any Leases.
e) All other items customarily apportioned in connection with sales of property
substantially similar to the Property in the State of Texas.
Section 4.06 Miscellaneous. Any miscellaneous adjustments payable by either Purchaser or
Seller, as the case may be, that occur at the Closing may be paid at the Closing by delivery of personal
or business checks; provided, however, that such miscellaneous adjustments do not exceed One
Thousand and No/100 Dollars ($1,000). Any errors in calculations or apportionments shall be corrected
or adjusted as soon as practicable after the Closing Date. The provisions of this Section 4.06 and Section
4.05 shall survive the Closing Date.
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Item 8.
ARTICLE V
TITLE MATTERS AND VIOLATIONS
Section 5.01 Acceptable Title. Seller shall convey, and Purchaser shall accept, such title to the
Property that any title insurance company authorized and licensed to do business in Texas (the "Title
Insurance Company") would be willing to insure, subject to the matters set forth in this Agreement.
Seller shall convey, and Purchaser shall accept, fee simple title to the Property in accordance with the
terms and conditions of this Agreement, and subject to:
a) The Permitted Exceptions; and
b) Such other matters as any Title Insurance Company shall be willing to omit as
exceptions to coverage or to except with insurance against collection out of or enforcement
against the Property.
Section 5.02 Permitted Exceptions. The Property shall be sold, assigned, and conveyed by
Seller to Purchaser, and Purchaser shall accept and assume same, subject to the following matters
collectively, the "Permitted Exceptions"):
a) Any and all present and future zoning, building, environmental and other laws,
statutes, ordinances, codes, rules, regulations, requirements, or executive mandates of all
governmental authorities having jurisdiction with respect to the Property, including, without
limitation, landmark designations and all zoning variances and special exceptions, if any;
provided, however, that the same are not violated by the Improvements or prohibit or materially
impair the continued use of the Property as it is being used on the date of this Agreement.
b) Possible encroachments and/or projections of stoop areas, roof cornices, window
trims, vent pipes, cellar doors, steps, columns and column bases, flue pipes, signs, piers, lintels,
window sills, fire escapes, satellite dishes, protective netting, sidewalk sheds, ledges, fences,
coping walls (including retaining walls and yard walls), air conditioners, and the like, if any, on,
under or above any street or highway, the Property or any adjoining property, provided, however,
that the same do not materially impact the value of the Property or impair the continued use of
the Property as it is being used on the date of this Agreement.
c) The state of facts shown on that certain survey made by Arthur Surveying Co.,
220 Elm St., #200, Lewisville, Tx 75057 dated October 14, 2015 ("Seller's Survey") and any
additional state of facts a new or updated survey or personal inspection would show, provided
the additional facts do not render title uninsurable in Texas.
d) All presently existing and future liens for unpaid real estate taxes, assessments,
and water and sewer charges that are not due and payable as of the Closing Date, subject to any
apportionments as provided for in this Agreement.
e) All covenants, restrictions and rights of record, and all easements and agreements
of record for the erection and/or maintenance of water, gas, steam, electric, telephone, sewer or
other utility pipelines, poles, wires, conduits, or other like facilities, and appurtenances thereto,
over, across, and under the Property; provided, however, that the same are not violated by the
Improvements and do not impose any monetary obligation on the owner of the Property.
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Item 8.
f) Party walls and parry wall rights, beams and beam rights, the possible revocable
nature of or lack of right to maintain vaults or other improvements or installations beyond
building or property lines.
g) Variations between tax lot lines and lines of record title provided same do not
render title uninsurable in Texas.
h) Any lien or encumbrance (including, without limitation, any mechanics lien and
materialmen's lien) the removal of which is the obligation of a tenant.
i) Any lien or encumbrance arising out of the acts or omissions of Purchaser.
j) Consents by Seller or any former owner for the erection and maintenance of any
structures on, under, or above any streets or roads on which the Property may abut, provided
same do not render title unmarketable.
k) Any financing statements filed on a date more than five (5) years prior to the
Closing Date and not renewed, and any financing statements, chattel mortgages, encumbrances,
or mechanics' or other liens filed against the against property or equipment which is not part of
the Property or is owned by tenants.
1) Any exceptions disclosed on Schedule B of the Title Commitment (as hereinafter
defined) which will be extinguished upon the transfer of the Property.
m) The standard conditions and exceptions to title contained in the form of title
policy or a revised post "mark-up" Title Commitment issued to Purchaser by Title Insurance
Company.
n) Such other matters as any reputable title insurer licensed to do business in Texas
shall be willing, without special premium, to omit as exceptions to title insurance coverage.
Section 5.03 Title.
a) Seller shall promptly order, at its sole cost and expense:
i) A commitment for title insurance from the Title Insurance Company,
together with true, legible copies (to the extent available) of all instruments giving rise to
any defects or exceptions to title to the Property (collectively, the "Title Commitment"),
which Title Commitment shall be delivered to counsel for both Purchaser and Seller
concurrently; and
ii) Either an update of Seller's Survey or a new survey of the Property,
prepared by a surveyor licensed in Texas ("Purchaser's Survey"), which Purchaser's
Survey shall be delivered to counsel for both Purchaser and Seller concurrently.
b) Purchaser or Purchaser's attorney shall deliver to Seller, and Seller's attorney, in
writing, any objections to the exceptions to title set forth in the Title Commitment or Purchaser's
Survey, other than the Permitted Exceptions (collectively, "Title Objection Notice"), by no later
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Item 8.
than 12:00 pm Central Time on the date that is five (5) days after the Effective Date ("Title
Objection Date"). The failure by Purchaser, or Purchaser's attorney, to deliver the Title
Objection Notice on or before the Title Objection Date shall constitute Purchaser's irrevocable
acceptance of the Title Commitment and Purchaser's Survey and Purchaser shall be deemed to
have unconditionally waived any right to object to any matters set forth therein. If, after giving
the Title Objection Notice to Seller and Seller's attorney, Purchaser receives any amendment or
update to the Title Commitment or to Purchaser's Survey showing any title defects which
Purchaser claims are not Permitted Exceptions, Purchaser shall give written notice thereof to
Seller immediately after the date Purchaser receives such evidence and Purchaser shall be
deemed to have unconditionally waived any such matters of which it fails to give such notice to
Seller within five (5) days after the date Purchaser receives same. Purchaser acknowledges and
agrees that TIME IS OF THE ESSENCE with respect to all time periods relating to Purchaser's
obligations set forth in this Section 5.03.
Section 5.04 Seller's Inability to Convey.
a) If, on the Closing Date, Seller fails or is unable to convey title to the Property in
accordance with this Agreement, Seller shall be entitled, upon written notice delivered to
Purchaser on or prior to the Closing Date, to reasonable adjournments of the Closing one or more
times for a period not to exceed five (5) days in the aggregate to enable Seller to convey such
title to the Property.
b) If Seller does not so elect to adjourn the Closing, and on the Closing Date, fails or
is unable to convey title subject to and in accordance with the provisions of this Agreement,
Purchaser shall be entitled, to either: (i) terminate this Agreement by written notice to Seller
delivered on or before the Closing Date, in which event Purchaser shall be entitled to a return of
the Deposit minus the independent consideration, and this Agreement shall thereupon be deemed
terminated and of no further effect, and neither parry hereto shall have any obligations to the
other hereunder or by reason hereof, except for the provisions hereof that expressly survive
termination of this Agreement; or (ii) complete the purchase (with no reduction in the Purchase
Price) with such title as Seller is able to convey on the Closing Date.
c) If Seller elects to adjourn the Closing as provided in Section 5.04(a) above, this
Agreement shall remain in effect for the period or periods of adjournment, in accordance with its
teams. If, on the adjourned Closing Date, Seller fails or is unable to convey title to the Property
subject to and in accordance with the provisions of this Agreement, Purchaser shall make its
election between clauses (1) and (ii) of Section 5.04(b) above, by written notice to Seller given
not later than the adjourned Closing Date. If Purchaser shall fail to give such notice as aforesaid,
Purchaser shall be deemed to have elected clause (ii) above and the Closing shall take place on
the adjourned Closing Date.
d) Notwithstanding anything to the contrary contained in this Agreement, Seller
shall not be required to take or bring any action or proceeding or any other steps to remove any
defect in or objection to title or to fulfill any condition precedent to Purchaser's obligations under
this Agreement or to expend any moneys therefor, nor shall Purchaser have any right of action
against Seller therefor, at law or in equity, except that Seller shall, on or prior to the Closing,
pay, discharge, or remove of record or cause any Voluntary Lien to be paid, discharged, or
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Item 8.
removed of record at Seller's sole cost and expense. The term "Voluntary Liens" as used herein
shall mean any lien and other encumbrances (other than Permitted Exceptions) which: (i) Seller
has knowingly and intentionally placed (or allowed to be placed) on the Property, including,
without limitation, mortgages and mechanics' liens; (ii) are in a liquidated amount; and (iii) may
be satisfied solely by the payment of money. For all Voluntary Liens, other than mortgages and
mechanics liens, Seller shall have no obligation to pay, discharge, or remove of record Voluntary
Liens, in the aggregate, in an amount greater than Ten Thousand and No/l 00 Dollars ($10,000).
e) Notwithstanding anything in this Section 5.04 above to the contrary, Purchaser
may at any time accept such title as Seller can convey, without reduction of the Purchase Price or
any credit or allowance on account thereof or any claim against Seller. The acceptance of the
Deed by Purchaser shall be deemed to be full performance of, and discharge of, every agreement
and obligation on Seller's part to be performed under this Agreement, except for such matters
which are expressly stated to survive the Closing hereunder.
Section 5.05 Violations. Notwithstanding anything to the contrary in this Agreement,
Purchaser shall accept title to the Property subject to any and all violations or any notes or notices of
violations of law or municipal ordinances, orders, or requirements noted or issued prior to, on, or after
the date of this Agreement (collectively, the "Violations"), if any. Purchaser acknowledges and accepts
that Seller shall not be obligated to comply with, or take any action or incur any expense in connection
with any Violations. If requested by Purchaser, Seller shall furnish Purchaser with an authorization to
make any required violation searches against the Property.
ARTICLE VI
REPRESENTATIONS AND WARRANTIES
Section 6.01 Seller's Representations and Warranties. Seller represents and warrants to
Purchaser on and as of the date of this Agreement and on and as of the Closing Date as set forth in this
Section 6.01:
a) Seller is a limited liability company duly organized, validly existing and in good
standing under the laws of the State of Texas.
b) The execution, delivery, and performance of this Agreement by Seller and all
agreements, instruments, and documents herein provided to be executed by Seller on the Closing
Date: (1) do not violate the Articles of Incorporation of Seller, or any contract, agreement,
commitment, lease, order, judgment, or decree to which Seller is a party; and (ii) have been duly
authorized by the consent of the members of Seller and the appropriate and necessary action has
been taken by such members on the part of Seller. This Agreement is valid and binding upon
Seller, subject to bankruptcy, reorganization, and other similar laws affecting the enforcement of
creditors' rights generally.
c) Seller is not a "foreign person" as such term is defined in Section 1445 of the
Internal Revenue Code or any regulations promulgated thereunder, as amended.
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Item 8.
d) To Seller's actual knowledge, there is no pending or threatened litigation or
condemnation action against the Property or against Seller with respect to the Property as of the
date of this Agreement.
e) Seller has not entered into any service or equipment leasing contracts relating to
the Property.
f) Seller is not, and will not ecome,Up 10oty with whom United States persons
or entities are restricted or prohibited from doing business under regulations of the Office
of Foreign Asset Control ("OFAC") of the Department of the Treasury (including those named
on OFAC's specially designated and blocked persons list) or under any statute, executive order (
including the September 24, 2001, Executive Order Blocking Property and Prohibiting Transactions
With Persons Who Commit, Threaten to Commit, or Support Terrorism), or other governmental
action and is not and will not engage in any dealings or transactions or be otherwise
associated with such persons or entities. Section
6.02 Purchaser's Representations and Warranties. Purchaser represents and warrants
to Seller on and as of the date of this Agreement and on and as of the Closing Date as set forth in
this Section 6.02: a)
Purchaser is a Home Rule Municipality duly organized, validly existing, and in good
standing under the laws of the State of Texas. b)
The execution, delivery, and performance of this Agreement by Purchaser and all agreements,
instruments, and documents herein provided to be executed by Purchaser on the Closing
Date: (i) do not violate the Articles of Incorporation of Purchaser, or any contract, agreement,
commitment, lease, order, judgment, or decree to which Purchaser is a party; and (ii) have
been duly authorized by the consent of the manager of Purchaser and the appropriate and necessary
action has been taken by such manager on the part of Purchaser. This Agreement is valid
and binding upon Purchaser, subject to bankruptcy, reorganization, and other similar laws affecting
the enforcement of creditors' rights generally. c)
Purchaser has not violated any contract, agreement, or other instrument to which Purchaser
is a parry nor any judicial order, judgment, or decree to which Purchaser is bound by: i)
entering into this Agreement; (ii) executing any of the documents Purchaser is obligated to execute
and deliver on the Closing Date; or (iii) performing any of its duties or obligations under this
Agreement or otherwise necessary to consummate the transactions contemplated by this Agreement.
d)
There are no actions, lawsuits, litigation, or proceedings pending or threatened in any
court or before any governmental or regulatory agency that affect Purchaser's power or authority
to enter into or perform this Agreement. There are no judgments, orders, or decrees of id
or unsatisfied of record, or, to the best of Purchaser's anykindagainstPurchaserunpaknowledge,
threatened against Purchaser, which would have any material adverse effect on the business
or assets or the condition, financial or otherwise, of Purchaser or the ability of Purchaser
to consummate the transactions contemplated by this Agreement. 13
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e) Except for the express representations and warranties of Seller found in Section
6.01, Purchaser is acquiring the Property on an "AS IS, WHERE IS" basis, without any
representation or warranty of any kind or nature whatsoever, express or implied, and Purchaser
acknowledges that no such representations or warranties have been made except as set forth in
writing herein. In deciding whether to acquire the Property, Purchaser is relying solely on
Purchaser's investigation of the Property.
f) Purchaser is not, and will not become, a person or entity with whom United States
persons or entities are restricted or prohibited from doing business under regulations of OFAC
including those named on OFAC's specially designated and blocked persons list) or under any
statute, executive order (including the September 24, 2001, Executive Order Blocking Property
and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support
Terrorism), or other governmental action and is not and will not engage in any dealings or
transactions or be otherwise associated with such persons or entities.
ARTICLE VII
MAINTENANCE AND REPAIRS
Section 7.01 Maintenance and Repairs. Seller shall cause the Property, and the
Improvements, to be maintained in substantially the same manner as prior to the date of this Agreement
pursuant to Seller's normal course of business, subject to reasonable wear and ARTICLE VIII of this
Agreement.
ARTICLE VIII
RISK OF LOSS
Section 8.01 Risk of Loss. If prior to the Closing Date any portion of the Property shall be
taken by condemnation or eminent domain or damaged or destroyed by fire or other casualty, neither
party shall have the right to cancel this Agreement. Purchaser shall purchase the Property in accordance
with this Agreement, and the Purchase Price shall not be reduced; provided, however, that Seller's rights
to any award resulting from such taking or any insurance proceeds resulting from such fire or other
casualty (less any reasonable sums expended by Seller for repair or restoration through the Closing
Date) shall be assigned by Seller to Purchaser at the Closing. Purchaser and Seller hereby irrevocably
waive the provision of any statute that provides for a different outcome or treatment in the event the
Property shall be taken or damaged or destroyed by fire of other casualty, including without limitation,
the provisions of the Uniform Vendor and Purchaser Risk Act (Tex. Prop. Code Ann. § 5.007).
ARTICLE IX
NOTICES
Section 9.01 Delivery of Notices. Unless specifically stated otherwise in this Agreement, all
notices, demands, requests, consents, approvals, or other communications (for purposes of this Section
9.01 collectively referred to as "Notices") shall be in writing and delivered to Purchaser, Seller, or
Escrow Agent, at the addresses set forth in Section 9.02 below, by one the following methods:
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a) Personal delivery, whereby delivery is deemed to have occurred at the time of
delivery;
b) Overnight delivery by a nationally recognized overnight courier company,
whereby delivery is deemed to have occurred the business day following deposit with the
courier;
c) Registered or certified mail, postage prepaid, return receipt requested, whereby
delivery is deemed to have occurred on the third business day following deposit with the United
States Postal Service; or
d) Electronic transmission (facsimile or electronic mail) provided that such
transmission is completed no later than 5:00 p.m. Central Time on a business day and the
original is also sent by personal delivery, overnight delivery, or by mail in the manner previously
described, whereby delivery is deemed to have occurred at the end of the business day on which
the electronic transmission is complete.
Section 9.02 Parties' Addresses.
a) Unless changed in accordance with Section 9.02(b) of this Agreement, the
addresses for all communications and notices shall be as follows:
If to Seller:
Name: KW Elm Investment LLC
Address: 2888 Switzer Road, Sanger, Texas 76266
Attention: Mel Gunter Knight
Email: Melgknight@gmail.com
If to Purchaser:
Name: City of Sanger
Address: 502 Elm Street, P.O. Box 1729, Sanger, Texas 76266
Attention: City Manager
Email: jnoblitt@sangertexas.com
If to Escrow Agent:
Name: Michelle Neely
Address: 525 S. Locust St., Suite 400 Denton TX 76201
Attention: Michelle Neely
Email: michelle@dosterlawgroup.com
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b) Any party may, by notice given in accordance with this Article, designate a
different address or person for receipt of all communications or notices.
c) Any notice under this Agreement may be given by the attorneys of Lite respective
parties who are hereby authorized to do so on their behalf.
ARTICLE X
REMEDIES
Section 10.01 Remedies.
a) If Purchaser shall default in the observance or performance of Purchaser's
obligations under this Agreement and the Closing does not occur as a result thereof (a
Purchaser Default"), Seller's sole and exclusive remedy shall be to retain the Deposit plus any
accrued interest thereon, if any, as and for full and complete liquidated and agreed damages for
Purchaser's Default, and the parties shall be released from further liability to each other
hereunder, except for those obligations and liabilities that are expressly stated to survive
termination of this Agreement. SELLER AND PURCHASER AGREE THAT IT WOULD BE
IMPRACTICAL AND EXTREMELY DIFFICULT TO ESTIMATE THE DAMAGES WHICH
SELLER MAY SUFFER UPON A PURCHASER DEFAULT AND THAT THE DOWN
PAYMENT AND ANY INTEREST EARNED THEREON, AS THE CASE MAY BE,
REPRESENTS A REASONABLE ESTIMATE OF THE TOTAL NET DETRIMENT THAT
SELLER WOULD SUFFER UPON A PURCHASER DEFAULT. SUCH LIQUIDATED AND
AGREED DAMAGES ARE NOT INTENDED AS A FORFEITURE OR A PENALTY
WITHIN THE MEANING OF APPLICABLE LAW.
b) If Seller shall default in the observance or performance of any of the terms of this
Agreement, and Purchaser is ready, willing, and able to close in accordance with the terms,
provisions, and conditions of this Agreement and the Closing does not occur as a result thereof,
Purchaser's sole and exclusive remedy shall be to receive the Deposit and any accrued interest
thereon minus the independent consideration and Purchaser's actual costs relating to the Title
Commitment and Purchaser's Survey, if any. Notwithstanding anything to the contrary contained
in this Agreement, in no event shall Seller be liable to Purchaser for any damages of any kind
whatsoever. Purchaser waives all rights to specific performance or injunctive relief or other relief
to cause Seller to perform its obligations under this Agreement.
c) Upon the release of the Deposit, and any interest accrued thereon, to either
Purchaser or Seller, as the case may be, this Agreement shall be deemed null and void and no
party hereto shall have any obligations to, or rights against, the other hereunder, except as
expressly provided herein.
d) The provisions of this Article shall survive the Closing or termination of this
Agreement.
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Item 8.
ARTICLE XI
ESCROW
Section 11.01 Escrow Terms, Escrow Agent shall hold and disburse the Deposit in accordance
with the following provisions:
a) Escrow Agent shall have the right, but not the obligation, to invest the Deposit in
savings accounts, treasury bills, certificates of deposit, and/or in other money market instruments
approved by Seller, or in funds investing in any of the foregoing, and shall not be liable for any
losses suffered in connection with any such investment.
b) If the Closing occurs, then Escrow Agent shall deliver the Deposit to Seller.
c) If for any reason the Closing does not occur and either parry makes a written
demand upon Escrow Agent for payment of the Deposit, Escrow Agent shall give written notice
to the other party of such demand. If Escrow Agent does not receive a written objection from the
other party to the proposed payment within {number} ({number}) days after the giving of such
notice, Escrow Agent is hereby authorized to make such payment. If Escrow Agent does receive
such written objection within such {number} ({number}) day period or if for any other reason
Escrow Agent in good faith shall elect not to make such payment, Escrow Agent shall continue
to hold such amount until otherwise directed by written instructions from the parties to this
Agreement or a final judgment in court. However, Escrow Agent shall have the right at any time
to deposit the escrowed proceeds and interest thereon, if any, with the clerk of a court having
competent jurisdiction in the county in which the Property is located. Escrow Agent shall give
written notice of such deposit to Seller and Purchaser. Upon such deposit, Escrow Agent shall be
relieved and discharged of all further obligations and responsibilities hereunder.
Section 11.02 Escrow Agent's Duties and Responsibilities.
a) Escrow Agent has signed this Agreement for the sole purpose of agreeing to act as
Escrow Agent in accordance with this Article. Escrow Agent shall have no duties or
responsibilities except those set forth in this Agreement and Seller and Purchaser agree and
acknowledge that Escrow Agent shall act hereunder as a depository only.
b) Escrow Agent shall be protected in relying upon the accuracy, acting in reliance
upon the contents, and assuming the genuineness of any notice, demand, certificate, signature,
instrument, or other document that is given to Escrow Agent without verifying the truth or
accuracy of any such notice, demand, certificate, signature, instrument, or other document.
c) The parties acknowledge that Escrow Agent is acting solely as a stakeholder at
their request and for their convenience, that the duties of Escrow Agent hereunder are purely
ministerial in nature and shall be expressly limited to the safekeeping and disposition of the
Deposit in accordance with the provisions of this Agreement. Escrow Agent shall not be liable
for any action taken or omitted by Escrow Agent in good faith and believed by Escrow Agent to
be authorized or within its rights or powers conferred upon it by this Agreement, except for any
damage caused by Escrow Agent's own gross negligence or willful default or misconduct.
Escrow Agent shall not have any liability or obligation for loss of all or any portion of the
Deposit by reason of the insolvency or failure of the institution or depository with whom the
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Item 8.
escrow account is maintained. Upon the disbursement of the Deposit in accordance with this
Agreement, Escrow Agent shall be relieved and released from any liability under this
Agreement, except in connection with Escrow Agent's gross negligence or willful default or
misconduct.
d) In the event that a dispute shall arise in connection with this Agreement, or as to
the rights of the parties in and to, or the disposition of, the Deposit, Escrow Agent shall have the
right to: (1) hold and retain all or any part of the Deposit until such dispute is settled or finally
determined by litigation, arbitration, or otherwise; (ii) deposit the Deposit in an appropriate court
of law, following which Escrow Agent shall thereby and thereafter be relieved and released from
any liability or obligation under this Agreement; (iii) institute an action in interpleader or other
similar action permitted by stakeholders in Texas; or (iv) interplead any of the parties in any
action or proceeding which may be brought to determine the rights of the parties to all or any
part of the Deposit.
e) Escrow Agent shall not charge a fee for its services as the escrow agent in the
transaction contemplated by this Agreement.
f) All costs and expenses incurred by Escrow Agent in performing its duties as
Escrow Agent including, without limitation, reasonable attorneys' fees (whether paid to retained
attorneys or amounts representing the fair value of legal services rendered to or for itself) shall
be borne 50% by Seller and 50% by Purchaser, except however, if any litigation arises under this
Agreement with respect to the Deposit, all costs and expenses of the litigation shall be borne by
whichever of Seller or Purchaser is the losing party.
g) Escrow Agent has acknowledged agreement to these provisions by signing in the
place indicated on the signature page of this Agreement.
Section 11.03 Indemnification of Escrow Agent. Seller and Purchaser hereby agree to, jointly
and severally, indemnify, defend, and hold harmless Escrow Agent from and against any liabilities,
damages, losses, costs, or expenses incurred by, or claims or charges made against Escrow Agent
including reasonable attorneys' fees and disbursements) by reason of Escrow Agent acting or failing to
act in connection with any of the matters contemplated by this Agreement or in carrying out the terms of
this Agreement, except for those matters arising as a result of Escrow Agent's gross negligence or willful
misconduct.
Section 11.04 Survival. This Article shall survive the Closing or the termination of this
Agreement.
ARTICLE XII
CONFIDENTIALITY
Section 12.01 Confidential Information. Purchaser to the extent allowable by law, covenants
and agrees not to communicate: (a) the terms or any aspect of this Agreement and the transactions
contemplated hereby; and (b) the content of any and all information in respect of the Property which is
supplied by Seller to Purchaser (collectively, the "Confidential Information") to any person or entity,
without the express written consent of Seller; provided, however, that Purchaser may, without consent,
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Item 8.
disclose the Confidential Information: (i) to its respective advisors, consultants, attorneys, accountants,
partners, investors, and lenders (the "Transaction Parties") without the express written consent of
Seller, so long as any such Transaction Parties to whom disclosure is made shall also agree to keep all
such information confidential in accordance with the terms hereof; and (ii) if disclosure is required by
law or by regulatory or judicial process or pursuant to any regulations promulgated by the New York
Stock Exchange or other public exchange for the sale and purchase of securities, provided that in such
event Purchaser shall notify the Seller in writing of such required disclosure, shall exercise all
commercially reasonable efforts to preserve the confidentiality of the Confidential Information,
including, without limitation, reasonably cooperating with the other party to obtain an appropriate order
or other reliable assurance that confidential treatment will be accorded such Confidential Information by
such tribunal and shall disclose only that portion of the Confidential Information which it is legally
required to disclose. The foregoing confidentiality obligations shall not apply to the extent that any such
Confidential Information is a matter of public record or is provided in other sources readily available to
the real estate industry other than as a result of disclosure by Purchaser or its Transaction Parties.
Purchaser hereby indemnifies Seller against, and holds Seller harmless from, any and all claims, losses,
damages, liabilities, and expenses (including, without limitation, reasonable attorneys' fees and
disbursements) arising in connection with Purchaser's obligations under this Section 12.01 and/or the
disclosure of any Confidential Information by Purchaser and/or by Purchaser's Transaction Parties in
violation of this Section 12.01. The provisions of this Section 12.01 shall survive the Closing or the
earlier termination of this Agreement.
Section 12.02 Return or Destruction of Confidential Information. As of the Closing Date or
in the event of a termination of this Agreement, if applicable, such confidentiality shall be maintained by
Purchaser and all Confidential Information in accordance with the written request of Seller shall be
either promptly: (a) returned to Seller; or (b) destroyed by Purchaser, with any such destruction
confirmed by Purchaser and its Transaction Parties in writing.
Section 12.03 Survival. The provisions of this Article shall survive the Closing Date or
termination of this Agreement.
ARTICLE XIII
BROKERS
Section 13.01 Brokers. Purchaser and Seller each represent and warrant to each other that they
dealt with no broker in connection with, nor has any broker had any part in bringing about, this
transaction. Seller and Purchaser to the extent allowable by law, shall each indemnify, defend, and hold
harmless the other from and against any claim of any broker or other person for any brokerage
commissions, finder's fees, or other compensation in connection with this transaction if such claim is
based in whole or in part by, through, or on account of, any acts of the indemnifying party or its agents,
employees, or representatives and from all losses, liabilities, costs, and expenses in connection with such
claim, including without limitation, reasonable attorneys' fees, court costs, and interest.
Section 13.02 Survival. The provisions of this ARTICLE XIII shall survive the Closing, or the
termination of this Agreement prior to the Closing.
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Item 8.
ARTICLE XIV
MISCELLANEOUS
Section 14.01 Governing Law. This Agreement shall be governed by, interpreted under, and
construed and enforced in accordance with the laws of the State of Texas.
Section 14.02 Merger; No Representations. This Agreement constitutes the sole and entire
agreement of the parties to this Agreement with respect to the subject matter contained herein and
supersedes all prior and contemporaneous understandings and agreements, both written and oral, with
respect to such subject matter. This Agreement is entered into after full investigation, with no party
relying upon any statement or representation, not set forth in this Agreement, made by any other party.
Section 14.03 No Survival. Except as otherwise provided in this Agreement, no representations,
warranties, covenants, or other obligations of Seller set forth in this Agreement shall survive the Closing
and no action based thereon shall be commenced after the Closing.
Section 14.04 Limitation of Liability.
a) No member of Seller, nor any Seller Related Party, shall have any personal
liability, directly or indirectly, under or in connection with this Agreement or any agreement
made or entered into under or pursuant to the provisions of this Agreement or any amendment or
amendments to any of the foregoing made at any time or times, heretofore and hereafter, and
Purchaser and its successors and assigns and, without limitation all other persons and entities,
shall look solely to Seller's assets for the payment of any claim or for any performance and
Purchaser, on behalf of itself and its successors and assigns, hereby waives any and all such
personal liability.
b) No representative or agent of Purchaser, nor any Purchaser Related Party shall
have any personal liability, directly or indirectly, under or in connection with this Agreement or
any agreement made or entered into under or pursuant to the provisions of this Agreement, or
any amendment or amendments to any of the foregoing made at any time or times, heretofore or
hereafter, and Seller and its successors and assigns and, without limitations, all other persons and
entities, shall look solely to Purchaser's assets for the payment of any claim or for any
performance, and Seller, on behalf of itself and its successors and assigns, hereby waives any and
all such personal liability.
Section 14.05 Business Days. Whenever any action must be taken (including the giving of
notices) under this Agreement during a certain time period (or by a particular date) that ends or occurs
on a non -business day, then such period (or date) shall be extended until the next succeeding business
day. As used herein, the term "business day" shall be deemed to mean any day other than a Saturday, a
Sunday, or a legal holiday on which national banks are not open for business in the State of Texas.
Section 14.06 Modifications and Amendments. This Agreement cannot under any
circumstance be modified or amended orally and no agreement shall be effective to waive, change,
modify, terminate, or discharge this Agreement, in whole or in part, unless such agreement is in writing
and is signed by both Seller and Purchaser.
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Item 8.
Section 14.07 No Recording. Neither this Agreement, nor any memorandum of this Agreement,
shall be recorded. The recording of this Agreement, or any memorandum of this Agreement, by
Purchaser shall constitute a material default and shall entitle Seller to retain the Deposit and any interest
earned thereon.
Section 14.08 Successors and Assigns; Assignment. This Agreement shall be binding upon
and shall inure to the benefit of the parties hereto and their respective heirs or successors and permitted
assigns. Purchaser may not assign or otherwise transfer this Agreement, or any of its rights or
obligations hereunder, without the prior written consent of Seller, which consent may be withheld in
Seller's sole discretion. Any purported assignment without Seller's consent shall be void and of no force
or effect. Any change in control of Purchaser or of any of the direct or indirect ownership interests in
Purchaser, at any level or tier of ownership, whether in one transaction or a series of transactions, shall
constitute an assignment for purposes of this Section 14.08.
Section 14.09 Severability. If any term or provision of this Agreement is invalid, illegal, or
unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect,
invalidate, or render unenforceable any other term or provision of this Agreement. Upon such
determination that any term or other provision is invalid, illegal, or unenforceable, the parties hereto
shall negotiate in good faith to modify this Agreement so as to affect the original intent of the parties as
closely as possible in a mutually acceptable manner in order that the transactions contemplated by this
Agreement be consummated as originally contemplated to the greatest extent possible.
Section 14.10 Further Assurances. Each of the parties hereto shall execute and deliver such
additional documents, instruments, conveyances, and assurances and take such further actions as may be
reasonably required to carry out the provisions of this Agreement and give effect to the transactions
contemplated hereby, provided such documents are customarily delivered in real estate transactions in
Texas and do not impose any material obligations upon any parry hereunder except as set forth in this
Agreement.
Section 14.11 Counterparts. This Agreement may be executed by the parties in separate
counterparts, each of which when so executed and delivered shall be an original for all purposes, but all
such counterparts shall together constitute but one and the same instrument.
Section 14.12 Time Is of the Essence. The parties hereto acknowledge and agree that, except as
otherwise expressly provided in this Agreement, TIME IS OF THE ESSENCE for the performance of
all actions (including, without limitation, the giving of Notice, the delivery of documents, and the
funding of money) required or permitted to be taken under this Agreement. Whenever action must be
taken (including, without limitation, the giving of Notice, the delivery of documents, or the funding of
money) under this Agreement, prior to the expiration of, by no later than, or on a particular date, unless
otherwise expressly provided in this Agreement, such action must be completed by {TIME} Central
Time on such date, provided that such action must be completed by {TIME} CentralTime with respect
to the payment of the balance of the Purchase Price and other payments by Purchaser on the Closing
Date. However, notwithstanding anything to the contrary herein, whenever action must be taken
including, without limitation, the giving of Notice, the delivery of documents, or the funding of money)
under this Agreement prior to the expiration of, by no later than, or on a particular date that is not a
business day, then such date shall be extended until the immediately following business day.
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Item 8.
Section 14.13 Headings. The captions or paragraph titles contained in this Agreement are for
convenience and reference only and shall not be deemed a part of the text of this Agreement.
Section 14.14 No Waivers. No waiver by any party of any of the provisions hereof shall be
effective unless explicitly set forth in writing and signed by the party providing the waiver. No waiver
by either party of any failure or refusal to comply with any obligations under this Agreement shall be
deemed a waiver of any other or subsequent failure or refusal to so comply.
Section 14.15 No Offer. This Agreement shall not be deemed an offer or binding upon Seller or
Purchaser until this Agreement is fully executed and delivered by Seller and Purchaser.
Section 14.16 Waiver of Jury Trial. SELLER AND PURCHASER HEREBY WAIVE TRIAL
BY JURY IN ANY ACTION PROCEEDING OR COUNTERCLAIM (WHETHER ARISING IN
TORT OR CONTRACT) BROUGHT BY SUCH PARTY AGAINST THE OTHER ON ANY
MATTER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT.
SIGNATURE PAGE FOLLOWS]
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Item 8.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date
first written above by their respective officers thereunto duly authorized.
PURCHASER:
The City of Sanger, a Texas Home Rule
Municipality
By:
Name:
Title:
SELLER:
KW Elm Investment LLC, a Texas limited
liability company
Name: ,G //ti h--
Title: -y BZ/•.D
ESCROW AGENT:
ESCROW AGENT NAME}
By:
N
Title:
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Item 8.
LEGAL DESCRIPTION
Lots 1 — 4 Block 8 Original Town of Sanger, Sanger, Texas
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Item 8.
142
Item 8.
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Item 8.
CITY COUNCIL COMMUNICATION
DATE: December 19, 2022
FROM: Clayton Gray, Finance Director
AGENDA ITEM: Consideration and possible action of Ordinance 12-33-22, authorizing and
ordering the issuance of City of Sanger, Texas Limited Tax Note, Series 2023;
specifying the terms and features of such Note; levying a continuing direct
annual ad valorem tax for the payment of said Note; and resolving other matters
incident and related to the issuance, sale, payment, and delivery of a paying
agent/registrar agreement; and providing for an effective date.
SUMMARY:
The City Manager and Finance Director have worked with the City’s advisor Ted Christensen in
preparation for this debt issuance.
Issuance of the Tax Notes is in line with the financial strategies previously set forth before Council.
This Ordinance authorizes issuing Tax Notes for the acquisition of $5,000,000 of capital items
included in the 2022-2023 Annual Budget. The Tax Notes will effectively spread the cost of
acquiring those assets across several years.
Tax Notes Series 2023 will be dated January 17, 2023.
Interest rate on the issuance is 3.7%
Amounts associated with the Tax Notes are as follows:
o Par amount and bond proceeds equal $5,065,000.00.
o Total interest will be $776,254.86.
o Total debt service will be $5,841,254.86
FISCAL INFORMATION:
The first payment (interest only) in the amount of $92,61.36 will be made on July 15, 2023.
Subsequent payments will be approximately $821,000 in fiscal years 2023-2024 through 2029-
2030.
Annual payments will be made from the Debt Service Fund according to the schedule on page 6 of
the Raymond James attachment.
RECOMMENDED MOTION OR ACTION:
Staff recommends approval of Ordinance 12-33-22.
ATTACHMENTS:
Raymond James: City of Sanger Limited Tax Notes Series 2023 – Final Numbers
144
Item 9.
Dec 13, 2022 2:36 pm Prepared by Raymond James (Finance 8.800 Sanger, City of:200720-2023)
TABLE OF CONTENTS
City of Sanger, Texas
Series 2023 New Money Financing
Report Page
Sources and Uses of Funds ............................1
Bond Summary Statistics .............................2
Cost of Issuance .................................3
Bond Pricing ..................................4
Bond Debt Service ................................5
Form 8038 Statistics ...............................7
145
Item 9.
Dec 13, 2022 2:36 pm Prepared by Raymond James (Finance 8.800 Sanger, City of:200720-2023) Page 1
SOURCES AND USES OF FUNDS
City of Sanger, Texas
Series 2023 New Money Financing
Sources:
Bond Proceeds:
Par Amount 5,065,000.00
5,065,000.00
Uses:
Project Fund Deposits:
Project Fund 5,000,000.00
Delivery Date Expenses:
Cost of Issuance 65,000.00
5,065,000.00
146
Item 9.
Dec 13, 2022 2:36 pm Prepared by Raymond James (Finance 8.800 Sanger, City of:200720-2023) Page 2
BOND SUMMARY STATISTICS
City of Sanger, Texas
Series 2023 New Money Financing
Dated Date 01/17/2023
Delivery Date 01/17/2023
Last Maturity 01/15/2030
Arbitrage Yield 3.700049%
True Interest Cost (TIC) 3.700049%
Net Interest Cost (NIC) 3.700000%
All-In TIC 4.045823%
Average Coupon 3.700000%
Average Life (years) 4.142
Duration of Issue (years) 3.815
Par Amount 5,065,000.00
Bond Proceeds 5,065,000.00
Total Interest 776,254.86
Net Interest 776,254.86
Total Debt Service 5,841,254.86
Maximum Annual Debt Service 821,641.00
Average Annual Debt Service 835,127.78
Underwriter's Fees (per $1000)
Average Takedown
Other Fee
Total Underwriter's Discount
Bid Price 100.000000
Par Average Average
Bond Component Value Price Coupon Life
Serial Bonds 5,065,000.00 100.000 3.700% 4.142
5,065,000.00 4.142
All-In Arbitrage
TIC TIC Yield
Par Value 5,065,000.00 5,065,000.00 5,065,000.00
+ Accrued Interest
+ Premium (Discount)
- Underwriter's Discount
- Cost of Issuance Expense -65,000.00
- Other Amounts
Target Value 5,065,000.00 5,000,000.00 5,065,000.00
Target Date 01/17/2023 01/17/2023 01/17/2023
Yield 3.700049% 4.045823% 3.700049%
147
Item 9.
Dec 13, 2022 2:36 pm Prepared by Raymond James (Finance 8.800 Sanger, City of:200720-2023) Page 3
COST OF ISSUANCE
City of Sanger, Texas
Series 2023 New Money Financing
Cost of Issuance $/1000 Amount
Municipal Advisor 8.68707 44,000.00
Bond Counsel 1.87562 9,500.00
Attorney General 1.00000 5,065.00
Misc. Expenses (Including MAC Texas) 0.28332 1,435.00
Placement Agent Fee 0.98717 5,000.00
12.83317 65,000.00
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Item 9.
Dec 13, 2022 2:36 pm Prepared by Raymond James (Finance 8.800 Sanger, City of:200720-2023) Page 4
BOND PRICING
City of Sanger, Texas
Series 2023 New Money Financing
Maturity
Bond Component Date Amount Rate Yield Price
Serial Bonds:
01/15/2024 646,000 3.700% 3.700% 100.000
01/15/2025 670,000 3.700% 3.700% 100.000
01/15/2026 695,000 3.700% 3.700% 100.000
01/15/2027 722,000 3.700% 3.700% 100.000
01/15/2028 749,000 3.700% 3.700% 100.000
01/15/2029 777,000 3.700% 3.700% 100.000
01/15/2030 806,000 3.700% 3.700% 100.000
5,065,000
Dated Date 01/17/2023
Delivery Date 01/17/2023
First Coupon 07/15/2023
Par Amount 5,065,000.00
Original Issue Discount
Production 5,065,000.00 100.000000%
Underwriter's Discount
Purchase Price 5,065,000.00 100.000000%
Accrued Interest
Net Proceeds 5,065,000.00
149
Item 9.
Dec 13, 2022 2:36 pm Prepared by Raymond James (Finance 8.800 Sanger, City of:200720-2023) Page 5
BOND DEBT SERVICE
City of Sanger, Texas
Series 2023 New Money Financing
Period
Ending Principal Coupon Interest Debt Service
09/30/2023 92,661.36 92,661.36
09/30/2024 646,000 3.700% 175,454.00 821,454.00
09/30/2025 670,000 3.700% 151,108.00 821,108.00
09/30/2026 695,000 3.700% 125,855.50 820,855.50
09/30/2027 722,000 3.700% 99,641.00 821,641.00
09/30/2028 749,000 3.700% 72,427.50 821,427.50
09/30/2029 777,000 3.700% 44,196.50 821,196.50
09/30/2030 806,000 3.700% 14,911.00 820,911.00
5,065,000 776,254.86 5,841,254.86
150
Item 9.
Dec 13, 2022 2:36 pm Prepared by Raymond James (Finance 8.800 Sanger, City of:200720-2023) Page 6
BOND DEBT SERVICE
City of Sanger, Texas
Series 2023 New Money Financing
Period Annual
Ending Principal Coupon Interest Debt Service Debt Service
07/15/2023 92,661.36 92,661.36
09/30/2023 92,661.36
01/15/2024 646,000 3.700% 93,702.50 739,702.50
07/15/2024 81,751.50 81,751.50
09/30/2024 821,454.00
01/15/2025 670,000 3.700% 81,751.50 751,751.50
07/15/2025 69,356.50 69,356.50
09/30/2025 821,108.00
01/15/2026 695,000 3.700% 69,356.50 764,356.50
07/15/2026 56,499.00 56,499.00
09/30/2026 820,855.50
01/15/2027 722,000 3.700% 56,499.00 778,499.00
07/15/2027 43,142.00 43,142.00
09/30/2027 821,641.00
01/15/2028 749,000 3.700% 43,142.00 792,142.00
07/15/2028 29,285.50 29,285.50
09/30/2028 821,427.50
01/15/2029 777,000 3.700% 29,285.50 806,285.50
07/15/2029 14,911.00 14,911.00
09/30/2029 821,196.50
01/15/2030 806,000 3.700% 14,911.00 820,911.00
09/30/2030 820,911.00
5,065,000 776,254.86 5,841,254.86 5,841,254.86
151
Item 9.
Dec 13, 2022 2:36 pm Prepared by Raymond James (Finance 8.800 Sanger, City of:200720-2023) Page 7
FORM 8038 STATISTICS
City of Sanger, Texas
Series 2023 New Money Financing
Dated Date 01/17/2023
Delivery Date 01/17/2023
Redemption
Bond Component Date Principal Coupon Price Issue Price at Maturity
Serial Bonds:
01/15/2024 646,000.00 3.700% 100.000 646,000.00 646,000.00
01/15/2025 670,000.00 3.700% 100.000 670,000.00 670,000.00
01/15/2026 695,000.00 3.700% 100.000 695,000.00 695,000.00
01/15/2027 722,000.00 3.700% 100.000 722,000.00 722,000.00
01/15/2028 749,000.00 3.700% 100.000 749,000.00 749,000.00
01/15/2029 777,000.00 3.700% 100.000 777,000.00 777,000.00
01/15/2030 806,000.00 3.700% 100.000 806,000.00 806,000.00
5,065,000.00 5,065,000.00 5,065,000.00
Stated Weighted
Maturity Interest Issue Redemption Average
Date Rate Price at Maturity Maturity Yield
Final Maturity 01/15/2030 3.700% 806,000.00 806,000.00
Entire Issue 5,065,000.00 5,065,000.00 4.1421 3.7000%
Proceeds used for accrued interest 0.00
Proceeds used for bond issuance costs (including underwriters' discount) 65,000.00
Proceeds used for credit enhancement 0.00
Proceeds allocated to reasonably required reserve or replacement fund 0.00
152
Item 9.
1
PUBLIC FINANCEDISCLAIMER
The information contained herein is solely intended to facilitate discussion of potentially applicable financing applications and is not intended to be a specific
buy/sell recommendation, nor is it an official confirmation of terms. Any terms discussed herein are preliminary until confirmed in a definitive written
agreement. While we believe that the outlined financial structure or marketing strategy is the best approach under the current market conditions, the market
conditions at the time any proposed transaction is structured or sold may be different, which may require a different approach.
The analysis or information presented herein is based upon hypothetical projections and/or past performance that have certain limitations. No representation
is made that it is accurate or complete or that any results indicated will be achieved. In no way is past performance indicative of future results. Changes to any
prices, levels, or assumptions contained herein may have a material impact on results. Any estimates or assumptions contained herein represent our best
judgment as of the date indicated and are subject to change without notice. Examples are merely representative and are not meant to be all-inclusive.
Raymond James shall have no liability, contingent or otherwise, to the recipient hereof or to any third party, or any responsibility whatsoever, for the accuracy,
correctness, timeliness, reliability or completeness of the data or formulae provided herein or for the performance of or any other aspect of the materials,
structures and strategies presented herein. This Presentation is provided to you for the purpose of your consideration of the engagement of Raymond James
as an underwriter and not as your financial advisor or Municipal Advisor (as defined in Section 15B of the Exchange Act of 1934, as amended), and we
expressly disclaim any intention to act as your fiduciary in connection with the subject matter of this Presentation. The information provided is not intended to
be and should not be construed as a recommendation or “advice” within the meaning of Section 15B of the above-referenced Act. Any portion of this
Presentation which provides information on municipal financial products or the issuance of municipal securities is only given to provide you with factual
information or to demonstrate our experience with respect to municipal markets and products. Municipal Securities Rulemaking Board (“MSRB”) Rule G-17
requires that we make the following disclosure to you at the earliest stages of our relationship, as underwriter, with respect to an issue of municipal securities:
the underwriter’s primary role is to purchase securities with a view to distribution in an arm’s-length commercial transaction with the issuer and it has financial
and other interests that differ from those of the issuer.
Raymond James does not provide accounting, tax or legal advice; however, you should be aware that any proposed transaction could have accounting, tax,
legal or other implications that should be discussed with your advisors and/or legal counsel.
Raymond James and affiliates, and officers, directors and employees thereof, including individuals who may be involved in the preparation or presentation of
this material, may from time to time have positions in, and buy or sell, the securities, derivatives (including options) or other financial products of entities
mentioned herein. In addition, Raymond James or affiliates thereof may have served as an underwriter or placement agent with respect to a public or private
offering of securities by one or more of the entities referenced herein.
This Presentation is not a binding commitment, obligation, or undertaking of Raymond James. No obligation or liability with respect to any issuance or
purchase of any Bonds or other securities described herein shall exist, nor shall any representations be deemed made, nor any reliance on any
communications regarding the subject matter hereof be reasonable or justified unless and until (1) all necessary Raymond James, rating agency or other third
party approvals, as applicable, shall have been obtained, including, without limitation, any required Raymond James senior management and credit committee
approvals, (2) all of the terms and conditions of the documents pertaining to the subject transaction are agreed to by the parties thereto as evidenced by the
execution and delivery of all such documents by all such parties, and (3) all conditions hereafter established by Raymond James for closing of the transaction
have been satisfied in our sole discretion. Until execution and delivery of all such definitive agreements, all parties shall have the absolute right to amend this
Presentation and/or terminate all negotiations for any reason without liability therefor. Thomson Reuters Municipal Market Data (“MMD”) is a proprietary yield
curve which provides the offer-side of AAA rated state general obligation bonds as determined by the MMD analyst team. Raymond James & Associates, Inc.,
member New York Stock Exchange/SIPC.
153
Item 9.
154
Item 10.
155
Item 10.
2021 - 2022
ALL AMERICAN DOGS
OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP
INCOMING
IMPOUNDED: DOGS 13 2
IMPOUNDED: CATS 5 20
TOTALS PER MONTH 18 22 0 0 0 0 0 0 0 0 0 0
YTD TOTAL (260)(REMAINING)242 220 220 220 220 220 220 220 220 220 220 220
**************************
EMERGENCY CALL OUT: DOG 1
EMERGENCY CALL OUT: CAT
TOTAL CALL OUTS PER MONTH 1 0 0 0 0 0 0 0 0 0 0 0
**************************
SURRENDER: DOG 4 2
SURRENDER: CAT
SURRENDER TOTAL FOR MONTH 4 2 0 0 0 0 0 0 0 0 0 0
**************************
OUTGOING
ADOPTION: DOG
ADOPTION :CAT
RESCUE PICK UP: DOG
RESCUE PICK UP: CAT
OWNER PICK UP: DOG 1 1
OWNER PICK UP: CAT
RELEASE TO BARN: CAT 4 8
DIED: DOG
DIED: CAT
EUTHANIZED: DOG
EUTHANIZED: CAT 5
TOTAL OUTGOING 5 14 0 0 0 0 0 0 0 0 0 0
156
Item 11.