1991-042City of Southlake, Texas
RESOLUTION NO.91-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE
PERMIT FOR THE SALE OF BEER FOR OFF -PREMISES
CONSUMPTION FOR THE LOCATION DESCRIBED AS A
1.1160 TRACT OF LAND OUT OF THE W.R. EAVES
SURVEY, BEING THE SOUTHERN PORTION OF TRACT 2C
OF THE PROPOSED BLOCK 1, LOT 1, CORNER
ADDITION;; AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, A Specific Use Permit for the Sale of Packaged Beer
for off -premises consumption has been requested by a person or
corporation having a proprietary interest in the property
described in Exhibit "A" attached hereto; and,
WHEREAS, in accordance with the requirements of Section 45 of
the City's Comprehensive Zoning Ordinance, the Planning and
Zoning Commission and the City Council have given the requisite
notices by publication and otherwise, and have afforded a full
and fair hearing to all property owners generally and to the
persons interested and situated in the affected area and in the
vicinity thereof; and,
WHEREAS, the City Council does hereby find and determine that
the granting of such Specific Use Permit is in the best interest
of the public health, safety, morals and general welfare of the
City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS, THAT:
SECTION 1
That a Specific Use Permit is hereby granted for the Sale of
Packaged Beer for off -premises consumption, on the property
described in Exhibit "A" attached hereto, subject to the
provisions contained in the comprehensive zoning ordinance and
the restrictions set forth herein. The following specific
requirements and special conditions shall be applicable to the
granting of this Specific Use Permit:
1. Subject to the summary review letter dated September 13,
1991, releasing the applicant of the requirement of the 8' fence
on the east property line at this time, reserving the right to
call for that should it be necessary in the future.
2. The Specific Use Permit be valid for two years, from
September, 1991 to September 1993.
City of Southlake, Texas
Resolution NO. 91-42
Specific Use Permit for Sale of Packaged Beer
page two
3. With the issue to be resolved prior to the extension of the
permit, the finalization of the drainage channel on Randol Mill
Road.
4. Subject to the box culvert having been installed on F.M. 1709.
5. The contract should be made apart of this Specific Use
Permit, giving the City rights of enforcement.
SECTION II
That this resolution shall become effective on the date of
approval by the City Council.
PASSED AND APPROVED this the L day of, 1`
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andra L.LeGrand
City.Secretary
APPROVED AS TO FORM:
City Attorney
City of Southlake, Texas
CITY OF SOUTHLAKE, TEXAS
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STATE OF TEXAS
UNTY OF TARRANT ]
WHEREAS, WE, BRUCE C. ERICKSON and wife NETA M. ERICKSON, are the sole
owners of a tract of land situated in the W. R. EAVES SURVEY, ABSTRACT NO.
500, County of Tarrant, in the City of Southlake, according to the deed
recorded in volume I Page , Deed Records of Tarrant County,
Texas,and being more particularly described as follows:
BEGINNING at a point in the East ROW line of Randol Mill Road (a 50'
ROW), said point being the intersection of the East ROW line of Randol Mill
Road and the North ROW line of Southlake Boulevard (F.M. No. 1709)(a 130'
ROW), said point being N 00° 04' 07" E, 103.87 feet and S 89° 55' 53" E,
25.00 feet from the centerline intersection of said roads;
THENCE: N 000 04' 07" E, 246.14 feet along the East ROW line of Randol
Mill Road to a point for corner;
THENCE: N 510 04' 37" E, 217.50 feet to a point for corner;
THENCE: S 150 48' 53" E, 208.00 feet to a point for corner in the
North ROW line of Southlake Boulevard (F.M. No. 1709);
THENCE: S 510 04' 37" W, 290.74 feet along the North ROW line of
Southlake Boulevard (F.M. No. 1709) to the PLACE OF BEGINNING and containing
48,614.8 square feet or 1.1160 acres of land.
tl
E
AGREEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
This Agreement is made and entered into by and between the
City of Southlake, a home rule municipal corporation, acting by
and through its duly authorized City Manager, Curtis C. Hawk
hereinafter referred to as "City"), and Hady Aghili d/b/a
Southlake Food Mart (hereinafter referred to as "Southlake Food
Mart").
WHEREAS, Hady Aghili, d/b/a Southlake Food Mart, is acquiring
an ownership interest in a 1.1160 acre tract of land of the W. R.
Eaves Survey, Abstract No. 500, being the southern portion of tract
2C of said survey and being located at the northeastern corner of
the intersection of Randol Mill Avenue and FM 1709; and
WHEREAS, Hady Aghili, d/b/a Southlake Food Mart, proposes to
utilize said property for the construction and operation of a
drive-in grocery/food market as a retail business establishment
within the corporate limits of the City of Southlake; and
WHEREAS, the owners of the property upon which Mr. Aghili
proposes to locate his food mart and drive-in grocery have
submitted a subdivision plat in conformance with the regulations
of the City of Southlake and have instituted appropriate requests
for zoning changes and concept plan approvals in conformance with
municipal regulations of the City of Southlake; and
WHEREAS, under the development regulations contained within
the municipal Subdivision Regulation Ordinance and certain other
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development regulations of the City of Southlake, it has been
determined that it will be necessary and appropriate for Mr. Aghili
and Southlake Food Mart to undertake certain specific improvements
to make the development site safe and appropriate for use as a
retail shopping facility at its current location; and
WHEREAS, Mr. Aghili has requested that the City of Southlake
delay the requirement for compliance with certain development
regulations or site requirements normally applicable to a
development such as Southlake Food Mart in order to coordinate the
installation and/or construction of these improvements with road
construction work currently being undertaken at or near the site
of this development; and
WHEREAS, the City of Southlake has determined that the State
Department of Highways and Public Transportation is engaged in a
major reconstruction and widening project along FM 1709 in the area
directly adjacent to the property on which Mr. Aghili and Southlake
Food Mart are requesting delays in the requirement to construct
improvements; and
WHEREAS, the construction work proposed for FM 1709 by the
State Department of Highways and Public Transportation will result
in significant changes in grade along the road -bed itself and in
related drainage structures., thereby altering the existing drainage
and stormwater management patterns now existing within the
immediate area of 'the northeast corner of the intersection of
Randol Mill Avenue and FM 1709; and
WHEREAS, the city council of the City of Southlake has
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determined after due and careful consideration that it would be in
the best interest of the citizens of the City of Southlake and Mr.
Aghili to allow some delay in the installation of storm drainage
improvements and other ancillary development requirements normally
applicable to a development of this type and this location in order
to ensure that they are coordinated with the construction work
along FM 1709 being undertaken by the Department of Highways and
Public Transportation; and
WHEREAS, in order to operate his retail business, Mr. Aghili
and Southlake Food Mart will be required to secure a renewal of a
Specific Use Permit for the sale of alcoholic beverages on the site
in question; and
WHEREAS, Mr. Aghili has agreed that his ability to operate
his retail establishment will be severely affected if the necessary
drainage improvements involved in this agreement are not installed
and made operational within a reasonable period of time; and
WHEREAS, the parties to this Agreement have mutually agreed
that a pre -condition of the extension of the Specific Use Permit,
which has been granted to Mr. Aghili, involving the sale of
alcoholic beverages on the tract in question will be subject to
non -renewal or extension if the physical improvements contained
within this Agreement are not installed under the terms and
conditions set forth below.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
1. The Subdivision Regulations of the City of Southlake and
certain other related development regulations would require that
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Southlake Food Mart install certain specific drainage improvements
along the right-of-way of Randol Mill Avenue extending down the
western side of the property to be utilized by Southlake Food Mart
in its retail development at the northeastern corner of Randol Mill
Avenue and FM 1709. The specific improvements in question involve
the concrete lining of the drainage channel which would extend from
the box culvert installed by the Department of Highways and Public
Transportation under FM 1709 north until the channel improvements
tie into the box culvert that Southlake Food Mart is installing
connecting its property to the right-of-way of Randol Mill Avenue
and providing ingress and egress to Randol Mill Avenue. At the
present time, the existing grade of the drainage ditch currently
located at this site is several feet higher that the estimated
finished grade that will be required when the new box culvert is
installed under FM 1709 by the Department of Highways and Public
Transportation. Southlake Food Mart has requested permission to
delay construction of the lined ditch section from its own ingress
and egress box culvert to the northern right-of-way line of FM 1709
where the box culvert constructed by the Department of Highways and
Public Transportation will be placed until such time as that new
construction work has been completed. The city council of the City
of Southlake has agreed that it would be inappropriate to require
Southlake Food Mart to install the lined drainage ditch at the
current elevation since the ditch would have to be lowered to
conform to changes in the drainage system which would result from
the lowering of the FM 1709 box culvert by the Highway Department.
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The Department of Highways and Public Transportation has indicated
that this particular drainage structure should be constructed and
in place by September 10, 1993. The City of Southlake hereby
agrees to allow Southlake Food Mart to delay construction of the
lined ditch section along Randol Mill Avenue until the sooner of
the following occurrences:
A. The Department of Highways and Public Transportation
completes construction of the new box culvert crossing FM 1709 at
Randol Mill Avenue, thereby creating the terminus point into which
Southlake Food Mart may tie the lined drainage ditch for which it
shall be responsible.
B. The expiration of two (2) years from the date upon which
the Specific Use Permit which authorizes the sale of alcoholic
beverages on the site was approved by the city council unless such
deadline shall be specifically extended by action of the city
council. The parties have agreed that the effective date of this
time period shall be calculated from September 11, 1991,and shall
extend through September 10, 1993. It shall be the responsibility
of Southlake Food Mart to install the lined drainage ditch in
conformance with the plans and specifications attached hereto and
incorporated herein for all purposes as Exhibit "A" by September
10, 1993 whether or not the State Department of Highways and Public
Transportation has completed construction work on the box culvert
under FM 1709 unless specifically relieved of this responsibility
by action of the city council. The parties understand that if the
Department of Highways and Public
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Transportation delays
construction of the FM 1709 improvements for a significant period
of time it would be engineeringly inappropriate to install the
improvements required of Southlake Food Mart as it would create a
grade disparity that would exacerbate drainage problems in the
area.
2. It is specifically understood and agreed that the city
shall not be liable or responsible for any actual or consequential
damages incurred by Southlake Food Mart arising from the
termination of this Agreement or the failure by any party for any
reason to construct a box culvert.
3. The Subdivision Regulations, the Zoning Regulations and
other related development regulations of the City of Southlake
would require that Southlake Food Mart install a screening fence
along the boundary of its property with adjacent property carrying
a single-family zoning designation. The owner of the single-
family tract now contiguous with the Southlake Food Mart proposed
development site has requested that the screening fence not be
erected at the present time. The city council, after due and
careful consideration, has agreed that the screening fence in
question will be temporarily waived, subject to the following
Agreement. Mr. Hady Aghili, d/b/a Southlake Food Mart has agreed
that if, at some point in the future, a new owner of the single-
family residential tract adjacent to Southlake Food Mart's
development site should request the installation of the screening
device, Southlake Food Mart shall install the screening device
before any renewal or extension of the Specific Use Permit for the
sale of alcoholic beverages shall be approved for the site in
question.
4. The parties to this Agreement have expressly agreed that
the terms and conditions of this Agreement shall be made a part of
the Specific Use Permit granted to Southlake Food Mart under
Resolution No. 91-42 and which permits the sale of beer for off -
premises consumption on the Southlake Food Mart site. Any specific
failure to perform or comply with the terms and conditions
contained in this Agreement, shall justify a reconsideration of
this Specific Use Permit by the Southlake City Council and may
result in its cancellation or non -renewal.
5. Mr. Aghili and the City of Southlake both clearly
recognize that significant stormwater management and drainage
problems exist at the intersection of Randol Mill Avenue and FM
1709 and that unless the drainage improvements called for under the
terms of this Agreement are properly installed in a timely manner,
it will seriously affect the ability of the Southlake Food Mart
Development site to be used for retail operations. The parties
understand that this Agreement has been reached for a temporary
delay in the installation of improvements only because of the
limited amount of development now existing within the immediate
area of the site coupled with the imminent commencement of
construction on major roadway improvements by the Department of
Highways and Public Transportation. The parties to this Agreement
each recognize that if steps are not taken to handle the stormwater
problem at this location, the site will be unusable for retail
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operations and, therefore, the Specific Use Permit is clearly
conditioned upon the resolution of the storm drainage problem on
the site.
6. Any notice required to be given under this Agreement
shall be deemed to be adequately given if deposited in the United
States Mail, in an envelope with sufficient postage and properly
addressed to the other party as follows:
If to Southlake Food Mart: Southlake Food Mart
2210 W. Southlake Blvd.
Southlake, Texas 76092
If to City: City of Southlake
667 North Carroll Avenue
Southlake, Texas 76092
ATTENTION: CITY MANAGER
Or to such other address as may be given in writing by any of
the parties.
7. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective successors and
assigns.
8. This Agreement constitutes the sole and only Agreement
of the parties hereto and supercedes any prior understandings or
written or oral agreements between the parties respecting the
subject matter hereof.
9. In the event any one or more of the provisions of this
Agreement, shall for any reason be held invalid, illegal, or
unenforceable in any respect, such in validity, illegality, or
unenforceability shall not affect any other provision hereof, and
this Agreement shall be construed as if such invalid, illegal, or
CEPM
unenforceable provision had never been contained herein.
10. The obligations and undertakings of each of the parties
of this Agreement are, and shall be performable in Tarrant County,
Texas.
11. Should any action be brought by City for the enforcement
of any terms or conditions of this Agreement or for the breach of
this Agreement, City shall be entitled to recover its reasonable
attorneys fees. Venue for any action brought under this Agreement
shall be in Tarrant County, Texas.
Executed in Tarrant County, Texas, this the day of
Fe b ru 4 P -y , 1992.
HADY AGHILI D/B/A SOUTHL—A-KE
FOOD MART
BY:i7z6—
HADY AGHILI
CITY OF UTHLAKE
BY: Z4CURTIS E.
CITY MANAGER
NOTARY SEAL/SIGNATURE ON NEXT PAGE
STATE OF TEXAS
This instrument was acknowledged before me on the 1A day
of F I 1992, by HADY AGHILI, the owner of SouthlakeLbruarAFoodMart, o behalf of said owner.
a:n" 4C.,
Y
FEXAS
ulp. 0u/N,99/94g
STATE OF TEXAS
COUNTY OF TARRANT
fzj
Notary Publiclin and for the
State of Texas
Karen P. G-indj
Typed or Printed Name of Notary
My Commission Expires: 3)i9 1q4
Thi, trument was acknowledged before me on the day
of AAq-1 JI1992, by CURTIS E. HAWK, the duly
authorized City Mfinager of the City of Southlake, Texas, on behalf
of said City.
Kim BUSH
Notary Public Notary ) Publid "rh and for the
STATE OF TEXAS StateLPf Texas
my COMM. Exp. 05127194
Typed or Printed Name of Notary
My Commission Expires:
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