The URL can be used to link to this page

1996-04-02 CC Packet • City of Southlake,Texas MEMORANDUM aMarch 28, 1996 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Authorize the Mayor to Execute the Renewal and Extension of Park Place Sanitary Sewer Agreement At the February 6, 1996 meeting, Council authorized the City Manager to enter into an Interlocal Agreement for the Renewal and Extension of Sanitary Sewer Services Between the City of Grapevine and the City of Southlake. Grapevine sanitary sewer serves Grapevine Plaza, lots 1, 2, and 3 (corner of Park Ave. and Northwest Highway) because Southlake does not have sewer in the area. The original agreement was entered into in June 1990. In July of 1990, Park Place and 114 Joint Venture entered into an agreement with the City of Southlake for the provision of sanitary sewer. The agreement was a term of five years. Because dothe original agreement has expired, a Renewal and Extension of Park Place Sanitary Sewer Agreement has been prepared for Council consideration. It also is for a term of five years. Staff is also recommending that paragraph H line three be changed from 135% to 125% to reflect the actual charge from the City of Grapevine based upon the recently approved Interlocal Agreement. Note that line four of the Park Place agreement states "... as provided in the • Interlocal Agreement" (with Grapevine). Please place this on the April 2, 1996 agenda for Council consideration. 16:31, :e _ BW/sm Attachment: Agreement Map wpdocs I wthead.mem l agenda I parkpla.wpd le 5 A-1 i STATE OF TEXAS § ill § COUNTY OF TARRANT § RENEWAL AND EXTENSION OF PARK PLACE SANITARY SEWER AGREEMENT WHEREAS, the CITY OF SOUTHLAKE, Texas, a Home Rule City ("Southlake"), and PARK AND 114 JOINT VENTURE, a Texas joint venture ("Joint Venture"), entered into a ' contract for the providing of sanitary sewer services, which contract was for a term of five (5) years commencing on July 16, 1990; and WHEREAS, Southlake and Joint Venture desire to renew and extend said contract for another five (5) year period with the Joint Venture paying to Southlake the sanitary sewer rate of 125% times the rate charged to customers within the Grapevine corporate limits as provided in the Interlocal Agreement between the Cities of Grapevine and Southlake. NOW THEREFORE, Southlake and Joint Venture do hereby contract, covenant and agree that the Park Place Sanitary Sewer Agreement (the "Agreement") executed on July 16, 1990 for a five (5) year period, a copy of which is attached hereto labeled Exhibit "A" and incorporated herein for all purposes-is hereby renewed and extended for an additional five (5) year period sewhich five (5) year period begins on July 16, 1995, and Section II of the Agreement is expressly amended to provide that the Joint Venture shall pay to Southlake a sanitary sewer rate of 125% times the rate charged to customers within the Grapevine corporate limits as provided in the Interlocal Agreement. EXECUTED this day of , 1996. ATTEST: CITY OF SOUTHLAKE, TEXAS City Secretary City Manager Sandy LeGrand Curtis Hawk APPROVED AS TO FORM: City Attorney - le RENEWAL AND EXTENSION OF PARK PLACE'SANITARY SEWER AGREEMENT,Page 1 5 A-2 Il PARK AND 114 JOINT VENTURE Ile By: 1 �/, i IP.cid C. Wilson By: He bert D. Weitzman / STATE OF TEXAS § COUNTY O § • This instrument was SUBSCRIBED AND SWORN TO before me .3,AA.a.- 1 g 9 1996, by DAVID C. WILSON, to certify which ' ess my hand and seal of office. [ ? CZZ1Lfl _,r,,. , Notary FublicTexa /kf- /•:` i state of Texas , ""�� (( �' 'F w 44 Commission Expkes 9-7-96 Notary Public - State of Texas My Commission Expires: 0,072-til- _ 1,bz,O z-Uy • 1 i -q( Printed Name of Notary Public STATE OF TEXAS § § COUNTY OF / PZL— § This instrument was SUBSCRIBED AND SWORN TO before me on at, , 1�5 , 1996, by HERBERT D. WEITZMAN, to certify which witness my hand and sea of office. [S : A0 :-"4.4:;; MELANIE D. RICHARDSON / .,, It v i Notary Public.State of Texas No Public - State of T as My 3`410u...,.:.$ loffykpxpiiiin!xpfres 10-13-98 k l 0-13-4 X Printed Name of Notary Public da960370345 030796 v3 152: 2594-9 le RENEWAL AND EXTENSION OF PARK PLACE SANITARY SEWER AGREEMENT,Page 2 5 A-3 EXHIBIT "A" - PARK PLACE SANITARY SEWER AGREEMENT STATE OF TEXAS § § COUNTY OF TARRANT § THIS AGREEMENT is made and entered into by and between the City of Southlake, Texas, a homerule municipal corporation, acting by and through its duly authorized City Manager, Curtis Hawk, hereinafter referred to as "City, " and Park and 114 Joint Venture, a Texas joint venture, acting by and through its duly authorized partners, Herbert Weitzman and David Wilson, hereinafter referred to as "Park. " WHEREAS, Park is the owner of a commercial shopping center located in Park Place Addition to the City of Southlake, Texas, hereinafter referred to as "the Premises" ;. and WHEREAS, the Premises are currently served by an on -site sanitary sewer disposal system which utilizes a holding tank for the storage of sewage until it can be properly disposed of; and WHEREAS, the City of Southlake has negotiated with the City of Grapevine for the right to obtain sanitary sewer services through the use of Grapevine's sanitary sewer system; and WHEREAS, Park desires to connect to the Grapevine sanitary sewer system in order to provide for the more costly, efficient and - sanitary disposal of waste from the premises; and WHEREAS, City has agreed to allow Park to utilize the Grapevine system subject to. the terms and conditions set forth in this Agreement. \slake\parki114.agt 010 . _ 5 A-41 C NOW, THEREFORE, for and consideration of the mutual covenants, allterms and conditions set forth herein, the receipt and sufficiency of which are hereby acknowledged, City and Park hereby contract, covenant and agree as follows: I. Southlake shall allow Park to connect to the Grapevine sanitary sewer system and shall provide sanitary sewer services to Park as permitted under the terms of that certain Interlocal Agreement for sanitary sewer services of even date between the City of Southlake and the City of Grapevine, hereinafter referred to as the "Interlocal Agreement." A true and correct copy of said Interlocal Agreement is attached hereto as Exhibit "A" and incorporated herein for all purposes of this Agreement. Park understands and agrees that in addition to the terms and conditions SOprovided herein, that Park's right to access and use the Grapevine sanitary sewer system is subject to all terms and condition set forth in the Interlocal Agreement. II. Park covenants and agrees to pay to Southlake all charges applicable to customers within the City of Grapevine corporate limits at a rate of 135% times the rate charged to customers within the Grapevine corporate limits as provided in the Interlocal Agreement. In addition, Park covenants and agrees to pay to Southlake any and all other fees incurred by Southlake in association with providing the sanitary sewer services provided for \slake\parki114.agt -2- 5 A-5 ' herein. All fees and charges provided for in this Agreement shall 411111 be due and payable by Park within ten (10) days of receipt of an invoice for same from City. III. Park covenants and agrees to comply with all laws of City, the City of Grapevine, and any other local, state or federal laws, plus all terms and conditions set forth in the Interlocal Agreement. In the event Park fails to comply with such laws, terms and conditions, City may terminate the service provided hereunder upon ten (10) days written notice. IV. Prior to connecting to the Grapevine sanitary sewer system, Park shall disconnect and fill in the holding tank currently utilized by Park on the premises. V. This Agreement shall be for a term of five (5) years commencing on the date of execution of this Agreement, unless sooner terminated as provided herein. It is specifically understood and agreed that this Agreement may be terminated by City at such time as sanitary sewer service is made available to the premises by City. VI. Park hereby covenants and agrees to indemnify and hold City harmless from any and all bodily injury, including death, or damages or injuries to any personal or real property, belonging to is \sLake\perkLll;.agt -3- 5 A-6 l Park or any tenants of Park who now occupy or may occupy the 410111 premises, arising out of the performance or non-performance of this Agreement by either party, whether or not caused in whole or in- part by the alleged negligence of City, its officers, agents, servants or employees. It is specifically understood and agreed that City shall not be liable or responsible for any damages incurred by Park or its tenants arising from the discontinuance of service by the City of Grapevine or from any other cause. VII. Notices given pursuant to this Agreement shall be sufficient if deposited in the United States Mail in a properly addressed envelope to the other party as follows: Par, d- It y T Y• To Park: ✓ vw ce1 AS K?We 31 o v l tcezle, a ve. crf e s96 bizaz5,777 7c f • To City: City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Attn: City Manager The above addresses may be changed by giving ten (10) days written notice. VIII. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. \slake\park&114.agt _4_ 110 5 A-7 \ Ix. This Agreement constitutes the sole and only agreement between the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter hereof. EXECUTED this 11-04h day of _ 4L4J--t-, , 1990. CITY OF SOUTHLAKE: (11 .,,•,,,,N��„ :CURT s WK, CITY MAN ER A,,. ,,9, S • J`S ATTEST: 4, EL>-i 40‘ cna CITY SECRETARY p/gtl11W 4110 PARK AND 14' J OI�NTt VENTURE TURE ay L /� 41JZ--- _"_,I317: A/41,,uAl SIIBSCRIBED AND SWORN TO BEFORE ME by David d C, Wilson and H( 1x.1 i on this the I(Q+h _ day of L .uLLj -- , 1990.LRItAt lit C.La CIAd- Notary Public in and for the State of Texas My Commission Expires: 3 I.c.ca G. CgaW-Fol & Type or Print Notary's Name 11- 10-90 \alake\pnrkL114.ayt • -5- I 5 A-8 Y K I I 1 ��'_ • tiro �T — —> ..I. - — ` •''.(- ••-/- �/— — -- -- � I. ,5 J :,____„, 'T- --- 7 Opp. Fr�1�r' lur /�/1 / i.' • ',CV,'.1-.-.-•.. �.r7\ 1 / __� L 2 :-.:-.•. „, __7(,,, ,, --:( :..`''+� ri.1E. HOlaP MOR7 K % / ,L. / 1 _� d[OLLJ'��B t. ( I (�3. C�M,ti rFC L4� �_ L1 • �: .5./` :_ „. w as ,.L (/ 1 _�� —� {t I Snuvma i; 1 ; ; —� . -EI ( ,/\ ,, opp \_ 1NI'I ' --- -----0ai-- — UNINLQ4PpQA7CD 1 .. .G �iJ , 1, y e r. �RP � ■�,■ \� I +\ u cS �kiV411 -: ..712QYA1: -. ' '. . I •,. 1 CO -- _ I �I- :_ L �atiti+�++t , c ..'.'J ,, A N ; RoEK. 0.,. ,. 4I i' -✓ '+rrrr:l I �; V C 4 Sa ,LKa -�®® i�.I� JT0T • K ,y I ilk / ,.b NE 5-1. Fp E5 Ql , Iid ? : . .111116111113 _ � T 1P1• n r J•m 'SpNNE 1156 • n ©�lili p ` �' f "' — J oC - ••I _ --- Pt. 3�,1� I 1 "---'- J I JACK y %,.. vl14 s} a.. 11 I I '/,,D :IDG. JOIMS ••-••_O,ivD ,.Im • 1 , t ERs. EI�IT7ARY -t G .} • I I — ,I�NES�`� p o' -Es.'j'1u5 }.0 pit mn�p" H ' N K®®� 1 a �/ 5 9 •PA.. } _ n:,l auk �pf>•p ' �!IblEUI) \ `� 1 Eaw a 1t'• N. tm —- cm w,•.a y a •y ..Ira• __-__Q_.—__—_____—__ l K Q .- •1p�IY�>V{7}' I (I K F mid K £1' x 1 —� , �`� nw � u Vr--4 OL �� - ,, • yl T� J,. Io /j \ Raw.. . I �j F }, a 1 '} 4 �Im IIe: . u..�:-A • : .AAr;P :11 enr �, . ��+c+e xe,/ n "ri , c-1, • \ ft'- • any w ur;�, t• _ •—s .- 1 �"._ �� '' ►.. - : .tr sad :`Ap^�5:: H 7 c " y/. >< � iil�5?1� 'rrj h ___,,, ._:.....b„..:_,,,,x —r •`� i�C9L? B I �B� 1 i xe., >,• �G . �I410111 ne�� N �;/r. �- fr, G'<Tjr3 - 1 4. 1 ,1 , .11 4HOKIt�?i�X , I�� i ./ K. . . f;I Lx J '' liii7".:I*'el ..•1N' ' ;;r+-- 7, � = A:C ' -• sn xi- t J., w 1 s c I ..0 I 1111.1..-.,r,;-1".•••••••,...- ; N.17 U� r \, -, HT11 >.:�® i ,y7� s sT pPF " O O,a x F }. / 51 ' ill it 'Eg7A - ( 1 -I 1 R G- }•:i }. oD� • - I • 1 RN�t• 1 �x a.IG� � I• '' DIN( I ® p AP . --- 1 AGRES 1 }la ( J F I 1 53.13 , ,e'• �. 1 fir:.• 1.5 [ 4 1 En1 a fiii is •NOR NORTHWEST PK WY '.ST I II nail «�D l, .`!PI }., afiLliM• i • ©� - MANS • a •.wr RAR 1. F• •- YIELD �til�I �'i��i�� - • rr a o. Iw, J•} III'PPrc a.sw.wc a.. \• Ps 0-1 RB cc� I �:al`1AK�t iy x -� —y= e�.�j — I. —PI' E( --- 1'I } 0 '� Q �, :...1 7 SD'�`'PA '�•.RR" •,fin,:.far � G � IIJa c' -- • ,:.K •�. M�R�I1 8J5• 'b, 1 a ' z�E551 }m }v O.�,. a.,•c�. 'e... PAS• 7. 1 / ...Y i � 5E z ,k �•}-I �_ I•• I :.K liosi %a ., ' �� D ND ,}w,a —o'IY2'1- i .`I.7 /' aI S-- �GE 1-,., OHN Q Fria G R9 ~- - 5 A-9 ((fig IcH0314. ;'_ s� J I �N1. I U5�E9 R�L .1 I,�, "e, IND1 1 , ,Th ,11- II 1 i1. „'•I Rr City of Southiake,Texas MEMORANDUM March 29, 1996 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Amendment to Commercial Developer Agreement for Village Center, Phase I-East City Council approved the Commercial Developer Agreement for Village Center, Phase I-East on March 19, 1996. The approval of a Developer Agreement for Village Center, Phase II-West will follow the regular sequence of approvals, however, with Home Depot to be built in Phase II the City has committed to the installation of a portion of the public utilities in the amount of two- hundred fifty thousand dollars ($250,000). This commitment does impact the construction of the utilities in Phase I. Therefore, Council is requested to amend the Commercial Developer Agreement for Village Center, Phase I-East to include in Section IV. OTHER ISSUES: a paragraph C. ODREIMBURSEMENT OF PUBLIC UTILITIES: C. REIMBURSEMENT OF PUBLIC UTILITIES: In conjunction with the installation of public utilities for the development of the property, including the installation at both property, including the installation at both Phase I and Phase II of the site, of public water lines, storm and sanitary sewer, public roads, and related engineering and inspections, the City agrees, as part of the Development and specifically in conjunction with construction and development of a Home Depot in Phase II of the Village Center to reimburse Developer for the installation of a portion of said public utilities in the amount of two hundred fifty thousand dollars ($250,000). This section to reimburse is expressly contingent upon the Home Depot being built in Phase II, therefore, the Developer agrees that if the Home Depot is not built in Village Center Phase II, then this section C. REIMBURSEMENT OF PUBLIC UTILITIES: is null and void and of no force and affect, and the City will not make any reimbursement as provided herein. 5 B--1 dl .c. k, Curtis E. Hawk, City Manager Amendment to Commercial Developer Agreement March 29, 1996 Page 2. Attached are the estimated costs for the public utilities. Please place this on the April 2, 1996 agenda for Council consideration. Ililaki BW/sm Attachment a 5 B-2 dO • 41° VILLAGE CENTER PHASE I and II ESTIMATE A) Village Center Drive and deed lanes - (Phase 1) 1) Earthwork &clearing $ 35,000 2) Line stabilization 17,000 3) Seven inch pavement 223,000 4) Storm sewers 32,000 5) Curbing 10,000 6) Sidewalk 3,000 7) Temporary road and curb 38,000 8) Strip and signs 4,000 9) Street lighting 18,000 10) Traffic signal 70,000 11) Engineering and inspection 12,000 Sub-total $462,000 B) Public Utilities (Phase I) 1) Water lines: 12 ": $ 58,300 6 ": 16,000 Hydrant: 10.000 $ 84,000 $ 84,000 2) Sanitary sewers 77,800 3) Engineering and inspection 8.000 Sub-total $ 169,800 C) Public Utilities- (Phase II) 1) Water lines: 12 ": $ 72,000 6 ": 12,000 Hydrant: _$ 97,000 $ 97,000 2) Sanitary sewers 85,000 3) Engineering and inspection 11.000 Sub-total $ 193,000 dl 5 B-3 •i r , RECAP 1) Village Center Drive and Decel Lanes $ 462,000 2) Utilities - Phase I (Water& Sewer) 169,800 3) Utilities -Phase II (Water & Sewer) 193.000 TOTAL $ 824,800 m W P.ROLLIE\VILLAGE.130 5 B-4 City of Southlake,Texas aMEMORANDUM March 29, 1996 TO: Curtis E. Hawk, City Manager FROM: Tom Elgin, Planner SUBJECT: Variance to Subdivision Ordinance No. 483-E, Section 4.01(1)2 (Plat Expiration) Extending the Validity of the Plat Revision of Lots 12-R-3-A & 12-R-3-B,Block 4, South Lake Park Addition On August 15, 1994, Richard and Yolanda McPherson submitted a request for plat revision to subdivide their 2.35 acre single family residential lot on Ridgecrest Drive into two lots. Their plat revision request was approved by the Planning&Zoning Commission on September 8, 1994, and by City Council on September 20, 1994. The plat revision, however, was never filed of record, and, because it has been longer than one year since Council's approval,the plat revision has expired. The McPhersons are now ready to file the plat,and, as explained in their attached letter, are equesting a variance to section 4.01(I)2 of Subdivision Ordinance No. 483-E as stated below: "2. All other plats: A Final Plat, Plat Revision, Amended Plat'or a Plat Showing which has not been recorded in the County Plat Records within one year of the date of approval shall expire." Staff have reviewed their plat mylar originals and fmd no problems with them. The plats are ready to be filed at Tarrant County courthouse should Council grant the McPhersons variance request. A location map (tract map) and a reduced copy of the plat are attached for your convenience. Please place this item on the next Council agenda for their consideration. TE att: Letter from Yolanda McPherson dated March 21, 1996 Location Map Reduction of Plat Revision for Lots 12-R-3-A& 12-R-3-B, Block 4, South Lake Park Addition :I WPFIMEMOISTAFFICEHISBDV VAR.WPD 5C-1 a March 21, 1996 Mr. Curtis E.Hawk City of Southlake 667 N. Carroll Avenue Southlake,TX 76092 • Dear Mr.Hawk: On September 20, 1994,the City Council approved a plat revision of my property dividing it into 41110 two lots.I was unaware of a subdivision ordinance provision which stated that plats would expire after one year if they were not filed of record. I am now ready to file this plat and unable to do so because of this provision. Please accept this letter as a request for City Council variance to the Subdivision Ordinance No.480E, section 4.01-I-2,Expiration of Plats,so that I may have this plat revision filed of record. Sincerely, Yolanda McPherson le 5C-2 %!!!/%il// r ///� RIMtY A • moil tRA \______1ii<lif!�/ i!i!1'i ii %%%i j ii/%// i/f% /f l A 1111111111111�111111{II{11{{fl , !i�/% �'vf ! /1 111111{111111111{IIl •��r1� / s u►�,'tnl,l t 'f �t•,ttltllllllllli 11{ D®414�1� „ s rs� �pii'` '` .,� 11111tllllll1111� TA12R ANT p� :' , ,, .":"...•..... Immo 0 el Illam.41.,rairiii\ , DAVID DOT"1 -if\ILI g. M � N0. t,�,I 1St � � ill 4 • � �IR, .art . ac, �, wit "" muidli.allia 011116. ' CI va vigig. ... 3., t 00 21 lor "Visama r____A .*#avow rt, ,m 1 !..,„ r ;,"AI UMW %Er 1 iiia: awl a i 1. , .. P Ili Mean ,1 itirrirt 3AM 3 • 'r r.s -- 40, w -+ jW+ 3,A, M i i . 1, 111 if*1111111 ..._______ ,t. '' 01 lam ,1111 I Illiviitiiiii' ic. Elrimisintri#0, ' %.„. .4iiiirot-floomitiliono- R x •►��, rill -` •-ter �au diriallill1eisie t00. 'I , nu r,,.,1. 1 tit: �li'1'I�nl , , .i. ,. ! ;.; . mo alligIMI '-VIIV2, RS 111110: . ' „Nt.cr � _ si 011 r1111 I �S`'J • i. ,,oN Val,mi Imo& 1 1 . ___ 0.1"f_ ....e_ r..R_ n Illt ---ja "‘' yI1P!I!' It 2 y,a to r II tee:, •� ..®r� N. �bld(cln� ', ,......, , TRACT MAP s l \WI 6 �, . - ; , 5C-3 ; ,I so te t " 1 irto `fsr, tI A • -- __.-_ .__-.._-----• ' VICNTY YAP I. •Caw.,lee, t OP •A 0 NEB.19.23"E 29538' I I'... co. r .... y 6 a.I.CCI rr_._— ._._._... -- c.. ..,.,. r• tot •oa.S.A IP G Q'� ....-..'•+: ....�.:.... ....• ,......«._.._�... :4 1;e,e. 11 SAM AOKI ii T� +. «._• ._�uw.«...,a,.,.,. ...... li 68�. ., . loo.7\ir . — ;t R-327. . . i. L•27729' , '•"•"'•' • i 274.08' -rors.• ima ran I� ..tn.. .t..•_...r..... ..... ..r___—w.. ' \ r-4a u, i \., • N09.22'02 W •ti12 r.32' _ ....• ..r. .... .. .—7" • • d • �• • w. * I rtA acT I1 70.441.101 TNS RAT(LED 31 MKT PAGE DATE,_ °2' S Y I• DAr PLAT REVISION 1 m 4�: L075 12-R-3-A A 12•R-3-Bt BLOCK♦ �lir -- SOUTH LAKE PARK NI itx+rR. AN ADDITION TO T1£ I -S- • ' CITY OF SOUTHLNCE NTACIKy WY an Lsv�t TMtRANT COUNTY,TEXAS ---- - S..0 IOQS y1WTtD M TIC Ka 0.t..KS SLOW%.AMR/0UT? AUGUST 1994 /2 LOTS i WWI OWNER/DEVELOPER SURVEYOR \b • 0 50 100 ,20 SONTMR l 0O4U2.AO.sI ONOOK K/A DA.SSOOTO.p.lw Miyr.Wit O'er L2 k K—"�- .WM..C.TOW 14281 ...MMCUM MO .• mu.. t0 b Mt I .nl.S1.J,C ..101 5A5-0ul ,. S._m_ City of Southlake,Texas MEMORANDUM March 29, 1996 TO: -Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Authorizing the City Attorney to Proceed With Condemnation of a Sewer Easement Across the Chandler Property Located at Precinct Line Road and S.H. 114 City of Southlake is acquiring the necessary easements for the Denton Creek Pressure-Sanitary Sewer Line (DCPS), which will be constructed and maintained by Trinity River Authority (TRA). The City has hired a right-of-way acquisition firm ROAC to acquire the properties for the DCPS. All of the properties should be acquired by the end of next week April 5, with the exception of the Chandler property. Ms. Chandler has been sent the fmal offer letter and the appraisal report. If our agents have not heard from her by the Council meeting, April 2, 1996, Council will need to pass the attached resolution authorizing the City Attorney to proceed with condemning the easement. BW/sm Attachment: Resolution Map wpdocs I wthead.mem l agenda I chandler 5 D-1 ILL No . Mar 29 ,96 10 :50 No .004 P .02 le RESOLUTION NO. 96-19 A RESOI.AJTI ON OF THE CITY OF SOUTTILAKE,TEXAS AUTHORIZING THE CITY ATTORNEY TO BRING A CONDEMNATION ACTION FOR THE PURPOSE OF OBTAINING AEASEMENT ENT FOR UTILITY USE BY THE AND TEMPORARY CONSTRUCTION CITY FOR THE DENTON CREEK REGIONAL WASTEWATER SYSTEM, PHASE III OR FOR OTHER PUBLIC PURPOSES PERMITTED BY LAW WHEREAS, the City of Southlake is in the process of constructing a wastewater system, known as Denton Creek Regional Wastewater System, Phase III (the "Project") which will serve existing and future developments in the city; and WHEREAS, in order to complete construction of. the Project, it is necessary for the city to acquire easements from property owners who own land across which the Project will be located; and WHEREAS, the city and the owner of one of said properties, Rhonda C. Decker- .,"tiler, have been unable to reach an agreement on the acquisition of this easement; and WHEREAS, the city council now deems it. necessary to authorize the city attorney to initiate condemnation proceedings in order to acquire the necessary easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OP THE CITY OF SOUTIILAKE, TEXAS: .. SECTION 1. ' The city attorney is hereby authorized to bring a condemnation lawsuit for the purpose of acquiring a 10' wide permanent utility easement and 60' wide temporary construction easement being more particularly described in Exhibits "A" and "B" attached hereto. SECTION 2. The city council finds that such acquisition in this condemnation action is necessary in order to serve the public health, safety and welfare. .IAke\res`cOfdernn .1Y�C rage 1 5-D-2 PASSED,APPROVED and EFFECTIVE this day of , 1996. Mayor, City of Southlake ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: City Attorney a 5 D-3 FROM ROWAC PHONE NO. : 214 359 6463 Mar. 29 1906 11:21RM P2 Permanent Utility Easement FN D-2672 W.Pea Survey,A-1015 EHSA Job No. 16156-01 0.059 Acres - Revised January 30, 199E EXHIBIT"A" DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK INTERCEPTOR SYSTEM PHASE IIIISECTION 11 PARCEL NO.13 • BEING A TEN-FOOT WIDE PERMANENT UTILITY EASEMENT SITUATED IN THE REMAINDER OF A TRACT OF LAND DESCRIBED IN DEED TO RHONDA C.DECKER-CHANDLER RECORDED IN VOLUME 1139, PAGE 580, OF THE DEED RECORDS OF DENTON COUNTY, TEXAS (DRDCT),AND BEING SITUATED IN THE W.PEA SURVEY,ABSTRACT NO. 1045,TOWN OF TROPHY CLUB,DENTON COUNTY,TEXAS,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING*tie northwest corner of said remainder tract of land,same being the intersection of the east line of Precinct Line Road(a variable width right-of-way)with the south line of State Highway 114(a variable width right-of-way); THENCE_S 71a 03'54"E,with the north line of said remainder tract of land and the south line of State-Highway 114,a distance of 258.11 feet to the northeast corner of said remainder tract,same being a northwest caner of a 232.921 acre tract of land described In deed to MTP-1 BM Phase II and Ill Joint Venture and recorded in Volume 8995,Page 1268,DRDCT; THENCE S 00.30'15"E,along the east line of said remainder tract and a west line of said 232.921 41411 acre tract,a distance of 10.60 feet to an angle point; THENCE N 71' 03 54"W,leaving said common line and crossing said remainder tract,a distance of 258.76 feet to a point in the west line of said remainder tract and the west line of Precinct Line Road; THENCE N 02°34'46"E,along the west line of said remainder tract and the east line of Precinct Line Road,a distance of 10.42 feet to the POINT OF BEGINNING and containing 0.059 acres of land or 2,584 square feet,more or less. a Page i of 2 5 D-4 FRQ9 ROWAC PHONE N0. : 214 353 6463 Mar. 29 1996 11:22AM P3 Permanent Utility Easement FN D-2672 110110 W.Pea Survey.A.1015 EH&A Job No. 16156-01 0.059 Acres Revised January 30, 1996 SURVEYOR'S CERTIFICATE TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS 'MD FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. • Company Name: Esi ev.Hudton 84,As ates.lnc. 8y ( :st!',4r.:------d''7Z4 4+4. Surveyor's Name: John F.Wilder • J0HN F.WILDER Registered Professional Land Surveyor,Texas No. 4285 Date of Survey: October,j993 • Page 2 of 2 5 D-5 FROM : RDWAC PHONE NO. : 214 358 6463 Mar. 29 19% 11:23AM P4 Temporary Construction Easement FN D-2673 W.Pea Survey,A-1015 USA Job No.16156-01 0.359 Acres " Revised January 30, 1996' EXHIBIT"B" DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK INTERCEPTOR SYSTEM PHASE III/SECTION II PARCEL NO.13 BEING A SIXTY-FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT SITUATED IN THE REMAINDER OF A TRACT OF LAND DESCRIBED IN DEED TO RHONDA C. DECKER- CHANDLER RECORDED IN VOLUME 1139,PAGE 580,OF THE DEED RECORDS OF DENTON COUNTY,TEXAS(DRDCT),AND BEING SITUATED IN THE W.PEA SURVEY,ABSTRACT NO. 1045, TOWN OF TROPHY CLUB, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING for reference at the northwest corner of said remainder tract of land,same being the Intersection of the east line of Precinct Line Road(a variable width right-of-way)with the south line of State Highway 114(a variable width right-of-way); THENCE S 02°34'46"W,along the west line of said remainder tract and the east line of Precinct Line Road,a distance of 10.42 feet to the POINT OF BEGINNING; THENCE S 71'133'54"E,crossing said remainder tract of land,a distance of 258.76 feet to a point in the east line of said remainder tract, same being a west line of a 232.921 acre tract of fend described in dead to MTP-IBM Phase II and III Joint Ventura and recorded In Volume 8995,Page 1268,DRDCT; THENCE 3 00'30►15"E,along the east line of said remainder tract and a west line of said 232.921 acre tract,a distance of 63.63 feet to an angle point; THENCE N 71°03'54"W,leaving said common line and crossing said remainder tract,a distance of 262.33 feet to a point in the west line of said remainder tram and the west line of Precinct Line Road; THENCE N 02°34'46"E, along the west line of said remainder tract and the east line of Precinct Line Road,a distance of 62.53 feet to the POINT OF BEGINNING and containing 0.359 acres of land or 15,634 square feet,more or less. • dlPage 1 of 2 5 D-6 FROM f J.JRC PHONE NO. : 214 358 6463 Mar. 29 1996 11:49ah1 P2 Temporary Construction Easement FN D-2673 W.Pea Survey,A-1015 EH&A Job No.16166-01 0.389 Acres '" Revised January 30,1996 • - SUI VEYOR'$CERTIFICAT4 TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ABOVE LEGAt.DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS -AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME 1S TRUE AND CORRECT. Company Name: ES*ev.Huston �sso�tiate$Inc. �. AngifralleN . " ...r..• Surveyor's Herne: ,lout F.Wilder JOI N F.W1_Q A._ 4285 4�.tp'a' ,gIssee Registered Professional Land Surveyor,Texas No. 4285 • Ct • •V�y� Date of Survey. Qctober.1993 • - Ole Page 2 of 2 5 D-7 FROM ROWRC PHONE NO. : 214 359 6463 Mar. 29 1996 11:50AM P3 SURV£Y W. PkA-1045 DENTON CREEK REGIONAL LOCATION: DENTON COUNTY. TEXAS WASTEWATER SYSTEM EA$EMFJa AC Z1T10FEA' 0.069 AC. 2564 SO. FT. "tl` 0.359 AC. 15634 50. FT. DENTON CREEK PRESSURE SYSTEM AO tYFTOIE PROPERTY ACI AR R1MAIWOER PARCEL -.� PHASE Ill/SECTION Ill PLAT OF EXHIBIT "A" & "0" PARCEL NO. 13 eilL CiTY OF SOUTFILAKE 667 NORTH CARROL AVENUE SQUTHLAKE. TEXAS 76002 N . 5?4 lf(4R! p, ,!!{yi Y W'°rk�byyj PO11 "A" PO0 sir 10.42' \_ ro_PO� TrH~_.H 2FArs4. 2S$1i' i WDE Men•PEItlHnt+EtlT _ Iy units MR 2 2,6.. • 10.60' W v A• i£�3r,54•W t NEa o w qa D..e�T it• zsz _ — _ C7 x GO'WIZ trlIPORMY 33' — — W S cuismucntw£SUR — in W 0 s RIFJiIDA C. OECKFR-rnANDLEfi g tam • VOL. 1139, PG. 580 a Z 4 (REMAINDER PARCEL) o v D.R.D.C.T. I i. w j m a.. ti Q G<(Y. )TO-IBM PHASE II AND IN JOINT VENRIRE VOL..8995, PG. t268 (CALLED 232.921 AC.) r AVM D.R-D.C.T- 4 TCrgs,. 'C..01 Tfiq_' IilsIar b �!� -4 • �Q yf �. Engineering & Enrlrnnmonir0 Gori inanis �y F. Wader R.P.L.S. 42B5� JDhih1 F.WILDER Fseao Monitor+ a.:v.. s�rre 230 VI Dallas, Tosot 75240• (214) 387-0771 ..o� 4A8r 0 - PREPARED BY , SCALE: 1` W 64. 7`/�;��C6SW1�� L DATE CHECKED BY JF S V DATE uwunFrt 1998 0 341. a so l20' E.H. & A. JOB/TRACT 16158-Ot "� 1N O°RSiw°i 5 D-8 n‘..\'--7 2 2: :21,,.T.7*-;-'•:—. 0 -1E11 I I'2I I I 1 "1 .1 I 1 M.:litit.iltFE V .^. 111 I 1....ig. _4 mil fiL., ii: : _,I, i . ,_ ...7___...,. .________71:ivkit,,,...„1 .,.: , ...T 1 J , REM IX 1514"‘&E-.----- '-'`" . .• ,. ..• N 1 lkiik i-:- _„,-:, :_- i ,-,•:". :••• .S.° \--j(---e-____• 3i - :.... .. „1„,,,,,, I .:-;:i. tm,,_?,;', gi ' , . . • . , -- .. , ---.,, .,, , w ielli_i E . • c\c....._i713 Ilk L'EIDLI1 W. VAILL3 44,4--— 4t11.1.1.'tV0!1:..1.'11 j j i ';':-.1.•......- ..../7.•..•:. %IF •,•,,,,,, Quo "'ETA,* •'''.&AZ.1 ilit '-'""/ : ,,FRI;rI4"IHIHIHIIMINIXE-1 / ' J. WI: 101P-P': iiiiiiiiiiiik. r„::/1 ',.:.. ::" i':' L',43,.4.,;::',:....;":;,•:',,,'.' S II NM i ------Z.- '1 I F'41,...3v., '4.'""'DA111D"D'OLD 91114 I . , ram), .. . r' *1-t-'.-..,i........ ...: 1 '.....__ . . , IMMIG ---r- 1 i i I m I.•,. 11-- -7.J, HENRY , ...___I ,. W. MU 3 1, . .},Itititt.......,s °ENT°14 TARRANT / -- — -- ... . '''.."7 -)2. ' ,I •.;-''' V.4. L--/•-1, • . - -II..III ..._,,...____' _. .-....___2_ .. . '.N. --'-': ‘',...... , -7-71:42iii.1 p71- .- _. --. Irr. ‘. JULY 1, 1995 i ,__...•,',___ ,..._,,,..,:--„ ; , tv „,\ _, ,,..,, . ,__, - s., _7-9..-,k, t --, ) ', [ --1 . ., • s. : >k ,i„„ I__ „. , ..- 4, Avpu , , , . i RA 5 550 1000 1500 2500 • i i -- ... ---. Z .AO 14411( I— - -' • ' ---1-4L *Wr ' ' f .....• 1-_a ..91..- , ,--- T. '.--- -- . -,__ .golim ttig.CHAPIIIC SCALE IN MET 1 jl ,e).4.- ,1.0 ,r.c.,, ,ime.a' i. - --- • •: g --;. — soufHLP177/Ii" Irk 1 • ) ) • % "-1..- -- ., k .. t , •.. ..I T7 \ , , MARTIN .. CS'.12 I 1 4.'' rr---- - iopYIr AO 2 —t 7 . . ,.J 2. 1 LECEND , ',, . .., 14 LREI' D.; LIKItie•C -- ...... ..,I , t-',.. --It-- '1--'," '','• s' i 1 I _.. ..• ; ; . - P - 3 ..e.•-up ,,,,,IC I 1 . .... SOUTHLAKE CITY LIMIT C.PII. THROW:, - L-21%. W7•• s-re14 -- i I --OTHER CITY LIMITS .....r...... ,i t` ` 1A' 1,,-- --.,.__,,..7_4._.-2,1_,I__:_;,'-'` --A —SURVEY LINE —1 " L_ ''''' r ..--,,--,. 1.1 '' .0 --..- -Ik _In, ; 1 1 i': .• c• } .._.). "1- --1 CORPS OF ENGINEERS BOUNDARY / . .. —4-- -. ... .":f- — - .' - -- WATERCOURSE ,„.. ii. 1 " 'N......,. ; IZt•E1). I . "- i'-je-- :',....' ) • --.• RIMEMEMIL +e- ----1 lifik iscauinliiil } . - - ,,-i.... --- . . i . . 7,-'. • .. • . . - ; 41reik, .RtE3 EY 14k3TIN...._ I ,..4rOft° litigit 2222 ,.-271•.'GO . ' ' "Th ,, ,, '. '1 2 2 to ' . • T s., r.21.ni, CI Mt. "'"''''''""" ....;-' ,-S i.-A6e '''''',J,".""1 I ... ,4 I ir 11111.11, i t,•, .:,.Li I--'. =ILL i_JA I.' 4,..i.. tHivaciet . . - ---- .- 1.,, . Ai .3._AT,• IC .-'_41.100 . - le :,.'''III' a.. 14t) /_•••1.'r•-1 In ••• • Nib in.. g 1•.,pN 14124 • NCO he ''"' ykkai . ' 0119 , itnh, ', VI §flt 611 mai. I 141 4 • ,,... ILI/5 , , • Ci • I— • - ''''''-- • 51 Iri 1 lig in , u SCECAL i-7".--- _,..,aiERALD I (.0 Jill"' 1 716111.GP i::.:::- 7.i!L---.1'.IPTI:......................... ...0'11 A.I:.°-:L.:-.1 1-iT-1 ... - ' la r:-- 1'1'' -C21:" ' • ----- L'CD - .'k•L'ES"--rAl CC`PNT: i • '.'ids: : : ''',141, ..,w, y , ' 1 11.144 Uils M‘ icLACe '11- ' •••• M I A W.H. kURTIP17 . L..1 ,-S7--r---;7. ... 7,.. -,..;.1 ,, -.-REEDY . J. Vi/E3Y ...,..-,... . ' ' :'' ,.. .• 1: "' " 1264:591j1 0 ' c2 . I— . J.. De2,.(81fr oce- I 00010 -. • 'MINN 41111 °' ' ' LAO"INIEr" f'milmomm.' itel . - ...1" mormrialsor-smaj—li.,,,..,,r4,etutiii,9",oc..4 4;11)1• !?„.„...L,....-.......'... .T0,II I_.•-. &an MAUI H. CHIVE:13 I - ''' -"matE131102/tail!.711.7.771274.:*/ ')/ : r' : : '. i u. / \ LIT - el .44.4kim : ._,„. . , --T. --"---7,-.--7. :7-, - :,-----riz - N-.1- ., . _I A ''' caW `-''' ;,''_, '.----- ---- of-mil-AK:406 l.,... - „ ' 00,o•A^ ...., i 0 mg I ot LAII11,2,td. H. IF.HIVEIR3 10111111' -- .....: 7p-..,,E1 1 . --. P.LoY .,. .... . imIllfil ---t" ---...--!---r---f--,, ----. ;10.4 , . „ , vi. .. .7,.. .1., covoi;04,. it . .. .,..--„ :: NEN • ---,01-1k amiail83,, ---1 , . ,,,, _111. ., , .0, -\,,.... 3p- ._ '9 4,_ 312 a., a 151•5 : ',A-74, 1,801 : , sp an.. a 1. ,his maim ----10 -7'77! At.155 rk ; 0 3 2 ___ 9°F-Zi :if No,. .a A. a 4 ' , =,,,,,, A•00110 ..,er—, .., ,,,10112, 2 , ,I411 1 . ^—ris :- ------ id lig "' " ---, 0 i...',, ';•-...,.....*.,:r .1i. (13: G9 Mort,,, NA 410l.) MO-°° .F.-, so"" rriO 1/, ...,„.... AR -1 •••''..,...,...,„..,' 1 L 111 ApP : c.,Ng?, -- - . ,,,„,f, . . ,.. 0:i:444 ,. .. •... ....-1. • i,L.6 .,, •:c. , ., , 111 : —..., „ .. ", : /14,0r1, -;• . • ...',....,• '!'---r' 1--- %.- -...... _ ......• : . 0 0 , . -:-• : ."' 1111011gEle,aimaffl !Mist), „III _0400 .... 04 1 or.‘i'..-•':-.:•1..--:‘'`.. : ''''''-'-(' .....• IP', :, i --- WM .....=,s .9sair.G0 ..i c. 14 '`J. 'NAMUR '03'•'rrf .:..•-•- • ---• . . '..r'i-I-,-'- --- ............ , . : ..,, : _ •• _. . ,A ,' . MO . . . . . . . .11:;4_ . WI .. "' Si 10 .., • 10 • .'" r11517CI UIU:-Eill •,'(I614--.:.1 * 'V.I.C1,71'..-'1,':\V:.- c• T-I-r-I-1- - 1:::1-1:1:•-A1:-- 3 , - ."„..,.,............... . ,.•,s • ‘ .I 1 1,°-:- -:'IVO,' \:SPO 1,1"00\ iI 1'A.1 -i1/4"4" 1 :„;''' ' `,..1' '''''::1;•;-I-:'-:- ' ' .[Ir.c.r.— — ,- =,--" - op .,. .'' HALL .-rrjOH V II•Vi• MIL . . ... ! . City of Southlake,Texas MEMORANDUM 1 -10 March 27, 1996 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director of Public Safety SUBJECT: Appointment of Reserve Firefighters Justin Stewart & Clifton Altom We are requesting approval for the addition of Justin Stewart and Clifton Altom as Reserve Firefighters for the Southlake Department of Public Safety Fire Services Division. Mr. Stewart is a Certified Firefighter who graduated from the Kilgore College Fire Academy in 1995. He is a resident of Southlake and is currently employed with the First National Bank of Grapevine. Mr. Altom is a City employee working in the Public Works Department as a Drainage Inspector. He is a certified EMT and is currently attending the Fire Academy in Aubrey, Texas. Clifton will graduate in June 1996 as a Certified Firefighter. I am available for any questions or comments that you might have. 46-.-. BC/bls 6i — / City of Southlake, Texas MEMORANDUM diMarch 29, 1996 TO: Curtis E. Hawk, City Manager 1 FROM: Kate Barlow, Economic Development Coordinator SUBJECT: Professional Services Contract with Insight Research for Economic Development Analysis GENERAL INFORiMATION The City of Southlake Office of Economic Development, with support from the Economic Development Advisory Committee (EDAC), is proposing to enter into an agreement with Insight Research to develop an economic, employment and tax impact model for the City of Southlake. This model will generate economic, employment and tax impact analysis of proposed office, residential and retail developments within Southlake, including the cost/benefit of proposed projects. Generally, the analysis shall project ten years of activity. 40 A draft copy of the work agreement is attached; however, two changes will be made. First, the number of projects to be examined will be increased from four to six at no additional cost. Second, the date of delivery is dependent upon agreement approval and our ability to provide necessary data. CONTRACT HIGHLIGHTS The six projects to be examined are • office building for some 50 employees • office building for 1,000 employees including a R & D component • manufacturing facility for 150 employees • retail center of 120,000 square feet • retail center of 315,000 square feet, or the approximate size of Southlake Commons • single family housing development of 100 completed homes with an average home value of $300,000. Cost shall be $14,500, with a 50% retainer due with delivery of one signed copy of the work agreement, and the remaining 50% after submission of final report. Additionally, as part of this fee, Insight Research will review and provide recommendations for improving Southlake's economic development marketing materials. Assuming this work agreement is approved on April 2, 1996, and we are able to deliver the necessary data by April 10, Insight Research will deliver a product by April 17. 0 Curtis E. Hawk, City Manager allInsight Research Work Agreement March 27, 1996 Page 2. Finally, this agreement also provides for future services as Insight Research has agreed to perform "quick-response, on-request" analysis of individual projects that the City is considering. This cost shall not exceed $4,000 per project including applicable reports. STAFF REQUEST Please place this item on the April 2, 1996, City Council agenda for Council consent. If additional information would be helpful, please contact me at your earliest convenience at extension 776. KGB Attachments: Draft Work Agreement a di Sent by: INSIGHT RESEARCH 214 238 0588 03/13/96 14:07 Job 835 Page 2/4 March 3,1996 icf:.i•..%ctcai e o w w e w • , o w Ms. Kate Barlow 944 I LWFr.,•,,.,. City of Southlake 040 S,,;lc a 16.1.B Office of Economic Development 4 u.,u,?•TT.b 71241 1725 East Southlake Boulevard Southlake, TX 76092 Dear Ms. Barlow: Thank you for your request for assistance in developing an economic, employment and tax impact model for the City of Southlake, specifically using a proposed multi-tenant retail development as a test case. This letter defines a working agreement between the City of Southlake, Office of Economic Development, and Insight Research Corporation concerning desired consulting services. Purpose of the Study: The City of Southlake, Office of Economic Development, wishes to have economic, employment and tax impact analysis performed to examine the community benefits of proposed office, residential and retail developments in the City of Southlake. The analytical approach shall be designed to be applicable to various other economic development opportunities, and shall be used to calculate the cost/benefit of proposed new economic development projects, business relocations, or business expansions. In addition Southlake would benefit from having its marketing materials reviewed for recommendations on improvements prior to reprinting. In accomplishing this purpose, the City of Southlake and Insight Research agree as follows: 1. Methodology: Insight shall perform economic, employment and tax impact analyses for size, configuration, timing, and employment and sales projections (where applicable) for each of the proposed development components. Assumptions required to make these analyses shall be provided by the City of Southlake, Office of Economic Development. Where these assumptions are incomplete, Insight Research shall develop the most reasonable and best estimates based on standard industry sources. i!I:,.'•..n, i•A\.=I4 L',;5..: sent oy: LI451W11 t{ttAMGti Z14 [JO U000 UJi iJ/ao i•t.uo JUL! vw u oyv Qi% The analysis shall project ten years of activity, or other such period of time as may be desired by the City of Southlake dependent upon the period of incentives or underlying public/private joint venture commitments under consideration, commencing with the date of construction or renovation of the first project component. The final analysis shall include the following information: A. Customized Economic & Tax Impact Analysis, Model Development for Southlake,Texas: A set of assumptions shall jointly be prepared for the project components, suitable for ease of modification as the economic development opportunities continue to be examined. Assumptions shall include economic, employment and tax information for the following project components, to be available for this and other specific projects: • An office building for some 50 employees, • A manufacturing facility for 150 employees • A retail center of 120,000 square feet • A single family housing development of 100 completed homes with an average home value of$300,000 each euvir B. Deliverables: The final report shall be simply stated and suitable for a public audience; including color illustrations, with full assumptions. It shall be delivered and reviewed in draft form, then in final form as a report. The final report will include a direct tax analysis, an indirect tax analysis, computations of both direct and indirect employment, and annualized and cumulative economic impacts to be realized from the project. C. A separate memorandum of recommendations shall be prepared offering its findings on improvements to Southlake's marketing materials. 2. Designated Contacts: Client's designated contact person shall be Ms. Kate Barlow at (817) 481-5581 and FAX (817) 329-7497. M. Elizabeth Morris, President of Insight Research Corporation, shall serve as designated contact person for Insight, at(214) 238-8838 and FAX(214) 238-0588. 3. Timing: The analysis is to be available for use by the City of Southlake, Office of Economic Development, on or before April 15, 1996. Any extension of the term and scope of this agreement shall be separately negotiated by Insight and the City of Southlake: Copyright 1996. Insight Research Corp..9441 LBJ Frwy, Ste 618, LB 20, Dallas, TX 75243 (214)238-8838. v�.,� y�. a,.yavUII �y,..ry lull GIT LJV VVyy VJ! ly/✓v ,�.vv vvv vvv , -.- T!T R. , DRAFT 111) 4. Cost: Client shall pay Insight a fixed amount of $14,500 for completion of this analysis. Said payment shall be made as follows: a 50% retainer, or $7,225, shall be returned with one signed copy of this work agreement. The final payment shall be invoiced to Client by Insight Research Corporation at the time of final submission and shall be due and payable upon receipt. 5. Additional Uses: At such other times as may be needed by the City of Southlake, Office of Economic Development, the econometric models will be available for "quick response' in analyzing the cost! benefit of their economic development projects or issues. Cost for each individual use will be separately negotiated, but will not exceed $4,000 per use including the cost of producing deliverables. 6. Hold Harmless: Client shall hold Insight harmless from any losses, claims, damages, or liabilities to which Insight may become subject in connection with any matter except to the extent that any such loss, claim, damage, or liability result from the gross negligence or bad faith of Insight in the performance of the services which are the subject of this agreement. • I trust the description included herein adequately describes the responsibilities of Insight Research Corporation and The City of Southlake's Office of Economic Development. I look forward to a mutually beneficial working relationship with your city and appreciate your selection of Insight Research Corporation for this and other economic development activities of the City of Southiake. Sincerely, Acknowledge and Agree: M. Elizabeth Moms By: President Title: for the City of Southiake MEM/sbe Date 40. Copyright 1996. Insight Research Corp.,9441 LBJ Frwy, Ste 618, LB 20, Dallas, TX 75243 (214)238-8838. - City of South lake,Texas MEMORANDUM March 29, 1996 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Proposal for Providing Engineering Design of Water System Improvements for the Water Line Extension From the 18-Inch Line in Dove Road to the MTP\IBM Solona Facility Trophy Club MUD No.1 currently serves water and sanitary sewer to the MTP\IBM Solona facility, which is in the City of Southlake. The Denton Creek Sanitary Sewer Pressure System (DCPS) is being built and will provide sanitary sewer service to this facility by around October, 1996. Because of DCPS extension to MTP\IBM Solona and because Southlake would also like to provide water to the facility, staff has requested a proposal from Cheatham and Associates for the engineering design of a water line to connect to the existing 18-inch water line at Dove Road and White Chapel and extend to Kirkwood Blvd. The proposed water line will be either a 12-inch line along Kirkwood Blvd., or a 20-inch water line from White Chapel across McGuire Thomas north property Kirkwood Blvd. The proposal includes engineering design, contract administration, construction plans and specifications preparations, surveying, construction staking, easement preparation, periodic inspections, and as-built plans. It does not include soils testing, or other testing outside laboratory services, and any revisions to material prepared outside of the proposal. The estimated construction cost for this water line is $225,000. Council will note that the attached Texas Society of Professional Engineers (TSPE)Compensation Curves shows a 10% basic charge; Cheatham and Associates are proposing a 9% charge for this project. Therefore; based upon a percentage of 9% of the estimated construction cost, the engineering fee is $20,250. Surveying and construction staking come to a total of$8,000. Easement preparation, if necessary, is $2,000, however, the easement preparation does not provide for negotiations. The total cost of this proposal is $30,250. Please place this on the April 2, 1996 agenda for Council consent. 6)) BW\sm Attachments: Proposal Map wpdocs I wthead.mem l agenda I proposal -/ • CHEATHAM AND ASSOCIATES March 28, 1996 ,:. .`. . .. ': MAR 2 8 1996 Mr. Bob Whitehead DEPT.OF Pia Director of Public Works City of Southlake 667 N. Carroll Ave. Southlake, TX 76092 Re: Proposal for Providing Professional Services in Connection with the Design of Water System Improvements Consisting of an Extension of Water Line from 18" Line in Dove Rd. to the IBM Facility CONSULTANT S UNDERSTANDING The existing IBM facility in the City of Southlake is currently served with water from the Trophy Club MUD District. The City of Southlake desires to be the provider of water to this facility. Therefore, it is proposed that the existing 18" water line, at Dove Rd. and White Chapel be extended to the IBM facility. The proposed project will consist of the design of this water line extension, which will be either a 12" line along Kirkwood Blvd., or a 20" line from White Chapel across McGuire Thomas property to the IBM facility. The project will include the surveying, design, bidding and contract administration of the proposed construction. SCOPE OF SERVICES 1.0 Surveying 1.1 Our firm will furnish all necessary surveying field and office work necessary to perform the engineering design and to prepare construction plans. 1.2 We will also furnish all construction staking. 1.3 Surveying for easement preparation, if required, will also be furnished. (See Item 3.2) rENGINEERS • PLANNERS • SURVEYORS A Subsidiary Firm of Southwest Planning and Design, Inc. 1601 E. Lamar Blvd. • Suite 200 • Arlington, Texas 76011 817/548-0696 • Metro 265-8836 • Fax 817/265-8532 r Mr. Bob Whitehead March 28, 1996 City of Southlake Page 2 2.0 Engineering 2.1 Our firm will furnish all necessary technical expertise required to accomplish the engineering design of the water line. The design will be in accordance with applicable state and local regulations. 2.2 Our firm will then prepare construction plans, specifications and contract documents based on the engineering design. 2.3 We will assist in the advertising for and taking of construction bids. We will issue any required addendums. Our firm will assist in the processing of contract documents after contract award and will issue notice-to-proceed. 2.4 Periodic on-site visits by an engineer will take place during construction. We will issue and process any required change orders. 2.5 We will provide assistance in conducting the final inspection and issuance of certificate of completion. 3.0 Easements (if required) 3.1 Our firm will conduct the search for deeds and conduct other research at the Tarrant County Courthouse necessary for the preparation of the required easements. 3.2 We will then prepare the legal (metes & bounds) descriptions of the easements with computer plotting. This work element also includes the surveying work necessary to prepare easements and to tie easements to the base line(s). 3.3 This element includes preparation of the final written easement document and of the accompanying drawing. 3.4 This proposal does not contemplate our firm providing assistance in acquiring property owner's signatures, nor participating in any condemnation proceedings without additional compensation. 4.0 Inspection 4.1 We will not furnish full-time on-site construction inspection, but will make periodic visits to the site, and will be available for plan interpretations. %/,3 Mr. Bob Whitehead March 28, 1996 City of Southlake Page 3 FEES We will provide all the services and products described in the scope of services including all services necessary for engineering surveying, engineering, preparation of construction plans and specifications, preparation of construction cost estimates, contract administration, construction staking and periodic visits during construction, and as-built plans. [See Excerpts from the TSPE General Engineering Services Manual on the last two pages.] The attached Curve A from the TSPE Manual indicates a percentage of 10.0% for a $225,000 project. However, since our firm is familiar with the City and will not have to obtain a lot of background information prior to design, we can perform the services for a reduced percentage. Therefore, this fee shall be based upon a percentage of 9.0% of the construction cost. Therefore the proposed fees are as follows: *Engineering Fee (Total Estimated Construction Cost of$225,000.00) [Based on TSPE Curve A, 10.0% of Engineer's Estimate of Construction Cost, use 9.0%] $ 20,250.00 Surveying Fees [Flat fees based on estimate of f time required times hourly rate for field party] Design Survey $ 5,500.00 Construction Staking 2,500.00 Easement Preparation (if required) [Flat Fees based on estimate of time required times hourly rates for technicians] Research $ 500.00 Documents/drawings/field work 1,500.00 Total Professional Fees $ 30,250.00 Please note that all direct expenses, such as travel and printing, are included in the above fees. The fees cover only that work specified in the proposal. It does not include; - Soils testing - Other testing involving outside laboratory services - Revisions to material prepared beyond that specified in proposal The above listing of services or others not included in the basic fees may be added to our agreement at your request and approval of estimated costs or rates. If any easements are required, we will provide these services for an additional fee which is agreed to by both parties prior to commencement of work. Mr. Bob Whitehead March 28, 1996 City of Southlake Page 4 TERMS Invoicing will be based on percentage of completion. Billing will normally occur around the first of each month and payment expected within ten working days. GUARANTEE Cheatham & Associates guarantee to maintain the fees presented herein for 90 days from the date of this proposal unchanged. If the above meets with your approval, this proposal can also serve as our agreement, which you may indicate by signing in the space provided below. Please do not hesitate to call should you have any questions or requested modifications of the proposal. The opportunity to be of service to you and the City of Southlake is greatly appreciated. Respectfully, Eddie Cheatham, P.E. f:\word\proposal\southlak\myron.add 4- AUTHORIZATION TO PROCEED: Accepted this day of , 1996 By: Title: Curve A is intended to apply to assignments of which the following are typical examples: Water, wastewater and industrial waste treatment plants Low cost, or complicated, waterfront and marine terminal facilities Complicated dams and hydro-power installations Small bridges and bridges which are complicated by involved geo- metrics and unsymmetrical features, or which require location and/or alternate design studies Grade crossing eliminations ,' Urban streets and freeways, including related drainage facilities Water distribution lines under 16-inch diameter -411k•NW Sanitary sewage collection lines under 24-inch diameter Pumping stations Air pressure tunnels Swimming pools Foundations Curve B is intended to apply to less complicated assignments of which the following are examples: Large intercepting and relief sewers Storm sewers and drains Sanitary sewage collection lines 24-inch diameter and over Water distribution lines 16-inch diameter and over Simple bridges and other structures of straightforward or conven- tional design Dams of average complexity rAirport paving and grading Irrigation works, except pumping plants • Railways Levees and flood walls, conventional Sewer and water tunnels (free air) Earthwork and dredging Highways and rural roads, except low-cost rural roads High-cost wharf facilities of conventional design Retaining walls and bulkheads, conventional Roads and streets • 16 � -/7/-6 NOTES: k 1) When Construction Cost is under $100,000, use reim- ment may vary above or below the curve, depending upon corn- bursable basis of compensation. plexity. (2) Construction cost below is the work authorized at one time. (4) Compensation for alteration work should be increased by at However, where the work is to be accomplished in a number of least one-third above the median compensation illustrated. separate construction contracts, then each such project element (5) Curve A and Curve B are consistent with Curve A and Curve B should be evaluated on an individual basis, with additional in Manual 45, published by the American Society of Civil Engi- compensation to the Engineer. neers. New curves will be issued as subsequent revisions are (3) The Basic Charge presented below represents median corn- published by ASCE. pensation. The appropriate compensation for any given assign- 1 4 - ^+ 13 - C _ lV e 12 ihi. )-t w 11 See USE OF CURVES; page 14 c- And TYPICAL EXAMPLES; page 16 ac CD ci_ c CA p m 1-,. III = 9 Gcc �`�9 D Z0 n co 0 Q a t CD t. F i. 5 4 r - - 0.01 0.05 0.1 0.5 1 5 10 50 100 CONSTRUCTION COST • �., ..,._.;,,, MILLIONS OF DOLLARS 1 i i 1 . . 1. i j ' 18 iii-frri-s-r--r-rni•-n-r711-71-1 S., ...1 /91 ..11....li:i..i.±.4.10144‘.1..1c iii::"..t.. •‘.1::,.4r.-.:1:: ..... . , . 1 ___ Ii,_-...::: :::!-%!.. .:-._-_-.#.-_: i! ----------- : • 20 . t.::17:.:7. .I.,A •,._•__.;__1__ ., • I 1 t i I . 2 IA • ... • 1 i 1 k 4..---.17.-I St., 7..-•-• 1 1 . ,....'„,/ . ;,, ,..... 1 1 por;,•:::i I--.12.- C7 1 .:i: cy,::::k ' 1 i............-</ i ',,,,. ....•' -'/ 114:1-7:4 t=:;::; ':i, .7.,-_-_ "7.i:• kt i -,--.3 [-I- '"'"r •-,-*, --i- -1-• - ...„..., , . (-1-.:-.. k*, ..-k-..---\ - : : - ..::17.. L.L.1.:' • ' • .-1-- -'3 . : C -u•-•i I :1,.-fittp11?-1-1-7-fi-,:;---`...* 1 • ,,....-- .-- ,• ,! I * i f i•, ':: .*R414.1.44.01*. * ."`•...- ---....... ,1 f r ,...,'•-••"' .--c \, 1... . .•„ i k. , ,... -- i., ; .,..• , . ... 11,,,I it!" ist..:...t.tt...1.. I I., 1 k k '•• *•- -..._--... :-... ,,• 1 .......,_,.% 60 F.-: cal-k-lig...,LI,„tit.-if-1....t-i:Ltir210.1.1-•..,j•-•rtiLr....,"11:.1...11 '‘.......ti 1 .•"• . , ....•..,.., 4140..! ,.._t t i ....,--•-• (:),•Y/,•-••'''--. •'••• , .. .• C I ,,•'....-..--....'-- usa • 5 '154130*--'•?...;*), 1 .i.ii, -5.. ,.. -,40.. -----....... •-•... '•*-::-:.„, 1' .-- .• ••••.::.„.....„.. I 7 I / , • i -----...7'.< ---__, _, t, • .--;''',•-....t:""r' -.... - .4.... . , • i !Til:wit,in: I, ,...__ _ 1 113 1 .i..i4atts,Ott...i:„.• TARRAN . , ••••, ,.... IA ! ',... '. • '',.. ''.,.. i 1 1 ; 1AI Proposed 20" • / I• a . --- -- - —• • 5 Ii 38''•-• 1 ' 3 .,. , ., N..,,\ • 3C ., it• . . _ . . ,. .• • --_—_.——........ •.,-.s. ' -1S., , --• , ,,, . . . . 411.! , • i . .... t. . i . •, , 1 1 -----' . f - • •.„. • -,.. .• . , i •- . , -.:- _,,..-1 -- ,\ ,),........ ,....‘ ..- ,B.)1.5 vio-ri 14° \ -r- \11.----000°' • * ,. ,S• '........- 11: . , ‘, / .rt.i.b.,- rel0 ,. i• ) i , .1 • . ' .../_ou t•- ADO" \; -9,), - ..w I 11 • ,. . ......--- •i 481 4A1,/At. I • " . --t 1 ; , ..--• .7-3-A-1----ill -iA....",. 31' / i 2A5 .... .----.......----.... '' •\,. . t ....... / ,.... : / _._.........-------........,'" i .%.• ,_..,.... . . . `•:".. Y./ I .....i ( .. ... ------- ..---- . .• 7.-. A1A 3A4 ' .., . •• ...--• i : \ .-- , i \ .., ,.. 2AI.`I ...'' t 3048 , 3• , . \ $2 •,. -...-. -_-_-...- ....\ i--rg 3A4A • '...", . , \ fr. 12,1 ----' ‘,.. . 4-. ',...\ ,.,..., I..•''' : .: : Proposed ' sks • , ,. 3......., -. ...._. •-' , . • \ -0 ...... _., ___J v.v. •., *--..--, I ......, ...._ . .,. . 1 4A 1 . • • t . 1 . '\ A .". • \ 1 1 7A3 i 7A1 i—102 -• — \l's .. . t. • I .. 78 I IA' I ,.: I t i 1 i f f 1 1 f.......„ . 3g.9 1 , . 7A1A11-- , if / zi . /7A 1 ft, "8".,AB u I i :7A 1 18 7AIA--"Titir—TAili1Al \ )-- ......- ...!..1/ .:.--.......----- 181131., \\ ., - ,..---, 1 4A117E17282j. — — I 3 1 /3 •48 A 2A2 _____g_X__er., I - I 1 / 7A5 ."--182 485C 11-4A---5A—IA .A • ' 11111811111 ‘All:\11.131 ‘:\:\\\\ ..\\ t- -4 181C i I ‘‘AL\ \\. iARO W.- • I 0 i -014:5 ----'-- • • E 1 oLiK ! 1 — to: 1 'igillill' 111 51 ^•-..7--4 7A C`.• I8 20 1 g i 182 i I \ \ e H I: 8.111111 : i 5A".......... •'" a \ \•. -,.. . ..,. t „, 1 ga t iyi --- --- - .____.,... ..... --:::-......::-=-... i I I I . I i i 1\ \ 1 . ! •-•"' I i --•--.-••-•-t;pop io - I . lA 1 1 1 i ;-.-i j . - 010 1 00i CHOP I I i I i 1 ES ! ! ly , i . .. • , ., • .tle% %16‘, \ \ \ \ \ \ \,..,..- • G 1, 14111 i 1 .--------- , 18 1 1 . : . V., ../ . . k , . i i . \ \ p . i : ( - IA2 waffler 7 y , ' 1 . 1 LO9t,14-11 .., ,i .. .. ..:..... . 4, ,,,,,., tiftt! ----------------- ' i' . .. ' _____..2, • IAI:• \ ..4 . t . glir%. I 41i' " 11 . .4,A1,1A- . 1 • • 1.-. ..?,egd.' . . , „ k- . .. ..• 1 .-e• • • .... .... .......„............ City of Southlake, Texas MEMORANDUM March 22, 1996 TO: Curtis E. Hawk, City Manager FROM: Edward S. McRoy, Administrative and Planning Intern SUBJECT: Contract for Services, Keep Southlake Beautiful Enclosed you will find a Contract for Services between the City of Southlake and Keep Southlake Beautiful (KSB). As you are aware, the City has a long history of support for KSB and views it as a vital asset to the community. The contract in essence formalizes the relationship between KSB and the City. The contract will more clearly define the services and obligations of each party. Specific operational flexibility for both KSB and the City has been carefully incorporated into the language of the contract. The City Council has previously set aside the $3,000 specified in Section 4 of the contract and so this contract will not cause the City any additional encumbrance. The contract as you now see it has been reviewed by the City Staff, the City Attorney, and the KSB Executive Committee. On April 1, 1996, KSB will hold a full Board of Directors meeting in which they will vote on this contract. The Executive Committee has already reviewed this document and I anticipate that it will pass at the full Board meeting. City staff and the City Attorney have already seen the contract and have given it their green light. I would like to request that you place the contract on the April 2, 1996 City Council agenda for their consideration. If you have any questions please contact me at 481-5581 Ext 759. Edward McRoy C:\WPFILES\ED\KSB\MEMOS\KSBCONTR.MEM �" 1 , AGREEMENT FOR COMMUNITY SERVICES III STATE OF TEXAS § § COUNTY OF TARRANT § THIS AGREEMENT is entered into by and between the City of Southlake, Texas, a home rule municipal corporation located in Tarrant County and Denton County, Texas, acting by and through its duly authorized City Manager (hereinafter referred to as "City"), and Keep Southlake Beautiful (KSB), a nonprofit organization operating in the City of Southlake as an organization described in section 501 (c)3 of the Internal Revenue Code, acting by and through its duly authorized President. WHEREAS, the purpose of Keep Southlake Beautiful (herein referred to as "KSB") is to provide educational and motivational programs to improve the appearance of the City of Southlake and to preserve and enhance the local natural environment; and WHEREAS, KSB is a recognized member of Keep America Beautiful and Keep Texas Beautiful with full membership rights and resources; and ® WHEREAS, City and KSB desire to enter into an Agreement whereby KSB will provide beautification services to the citizens of Southlake; NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That City and KSB do hereby covenant and agree as follows: SECTION 1 SCOPE OF SERVICES KSB shall provide the following services: 1. Management of Adopt-A-Street programs on non-State highways within the City of Southlake. 2. Litter pickup along city streets, shores, and parks as allowed by available volunteer workers. 3. Education of citizenry on environmentally sound waste disposal practices, recycling, and pollution control. 4. Promotion of tree planting and city beautification through landscaping. 5. Cooperation with local agencies, businesses, and citizens to render educational and other services as is available through funding or other programs to promote beautification and 0 environmental awareness. 6. Maintain certification as an affiliate of Keep America Beautiful, Inc. and Keep Texas 40 Beautiful. SECTION 2 KSB FUNCTIONS 1. KSB Board of Directors shall meet periodically. The time, date, place, and agenda of these meetings shall be solely defined by KSB. 2. KSB shall operate in accordance with its own approved by-laws. 3. Administration of the Adopt-A-Street program shall be coordinated by KSB. 4. The City shall have the right to review the books and records kept incident to the services provided by KSB to the City. 5. KSB shall provide a quarterly written report to the City. This report shall include: a disclosure of the KSB financial status, operations conducted during the preceding quarter, planned future operations, and any other information agreed to by both KSB and the City. . SECTION 3 CITY FUNCTIONS 1. A liaison will be provided by the City to assist KSB in coordinating KSB and City operations. 2. City shall provide staff assistance, advice, and technical expertise where feasible to aid KSB. S3. City shall provide administrative support to KSB, where feasible. The nature, extent, and duration of this support shall be solely defined by the City. 4. City shall provide a meeting space for KSB Board of Directors meetings. 5. City shall provide vehicles, and personnel, where feasible, to assist KSB in the operation of Adopt-A-Street trash collection events. The nature, extent and duration of this assistance shall be solely defined by City. SECTION 4 PAYMENT FOR SERVICES City agrees to pay to KSB the sum of Three Thousand Dollars ($3,000) in payment for services described in Section 1 hereinabove. SECTION 5 TERM OF AGREEMENT The term of this agreement shall be for a period beginning and ending September 30, 1996. This agreement shall be renewable in one (1) year increments following the completion of the term heretofore mentioned upon, the agreement of KSB and the City. IN WITNESS WHEREOF the City and KSB have executed this agreement as of this day of , 1996. I 5,e,- 3 - • Approved as to legal form and adequacy: Attorney at Law Mayor, City of Southlake President, KSB • . City of Southlake,Texas IDMEMORANDUM March 29, 1996 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Authorize Mayor to Release Temporary Easement Along Southlake Blvd. at Shady Oaks Drive In February 1995, the City of Southlake was granted a 15-foot wide permanent utility easement and a 35-foot wide temporary construction easement for a water line along Southlake Blvd. beginning at Shady Oaks Drive going east approximately 796 feet. The water line was completed and the temporary construction easement is no longer needed. However, due to the language of the easement document, there is no provision for the release of the temporary construction easement (copy of easement is attached). In order to remove the 35-foot wide temporary construction easement, the City needs to file a partial release of easement. The permanent easement will not be released and will remain for all urposes, in full force and in effect. Attached is the partial release of easement. Please place this temporary construction easement release on the April 2, 1996 agenda for Council consent. --9", . BW/sm Attachments: Partial Release of Easement Copy of Filed Permanent and Temporary Easement wp61 I wpdocs I wth ead.mem l agenda I preasmnt.rel S i 5J -/ (1f1K-2�-yti h NI 11 ti KKl'U1iL 1 U T 1TLL UKLYA.N 1 t f X NU. i'l gti55titii3ri r. ue • PARTIAL RELEASE OF EASEMENT This Partial Release of Easement is given to be effective this day of , 1996, by the CITY OF SOU HLAKE, TEXAS, (hereinafter referred to as "Southlake"), for the purpose of removing from the record title the temporary construction easement rights hereinafter described as to that certain parcel of real property situated in Tarrant County,Texas,(hereinafter referred to as the"Land"). RECITALS (1) Whereas,F M 1709-SHADY OAKS,LTD.,a Texas limited partnership, (hereinafter referred to as"Owner")is the owner of the Land which is more particularly described on Exhibit"A" attached hereto and made a part hereof for all purposes;and (2) Whereas,portions of the Land are subject to easement rights granted by Owner to Southlake by that certain Permanent Utility Easement and Temporary Construction Easement dated February 14, 1995,filed of record on February 27, 1995,recorded in Volume 11890, Page 531, of the Tarrant County Records of Tarrant County, Texas, (hereinafter referred to as the "Easement Instrument") for the purpose of installing,repairing,maintaining,altering,replacing,relocating and operating the 15 foot wide utility easement(hereinafter referred to as the"Permanent Easement")and • the 35 foot wide temporary construction easement (hereinafter referred to as the "Temporary Easement")described therein;and (3) Whereas,the utility facilities contemplated by the Easement Instrument have been constructed, installed, fully completed and accepted, therefore, the Temporary Easement is no longer necessary or required by Southiake. NOW,THEREFORE,for good and valuable consideration,including the acknowledgment by Owner that the property within the Temporary Easement has been restored as nearly as possible to its condition prior to entry thereon,the receipt and sufficiency of which are hereby acknowledged, Southhike does hereby release,relinquish and discharge all of its right,title,interest and easement rights in and to the 35 foot wide Temporary Easement described in the Easement Instrument,and does hereby declare the Temporary Easement fully released and discharged with respect to the Land. The Permanent Easement described in the Easement Instrument is not released and remains for all purposes in full force and effect Page 1 of 2 • CIAK-a-Un hK l 11:1 Pj REP UUL 1 C TITLE CRESCENT FAX NO. 2148558888 P, 03 • EXECUTED effective as of the year and date first above written. CITY OF SOUITHLAKE,TEXAS By; Name Printed: Title: THE STATE OP TEXAS ) COUNTY OF TARRANT ) This instrument was acknowledged before the on the day of_ 1996,by , the of the CITY OF SOUTITLAKE, TEXAS, a municipal corporation, on behalf of said municipal corporation, 1111 Notary Public,State of Texas Notary's printed name Arty commission expires Page 2 of 2 • ' 5j :7*-.:',...Iii:e. —-* r WWI It. , ., ,..„;.........,:.1, '77 Sib tt,.....:„....„. .. . : , ..0-111 •4 • CITY OF SOUTHLAKE • • PERMANENT UTILITY EASEMENT AND 4, • 1 ! TEMPORARY CONSTRUCTION EASEMEN r , 4 • _ _ THE STATE OF TEXAS COUNTY OF TARRANT . • ` . ' . — KNOW ALL MEN BY THESE PRESENTS: �` • - F..•,7v•..$r - o.r+, `That(I)• "� . , Grantor herein, for and in consideration of the City off, ..',.% . ..- Southlake relinquishing payment of ten(10)dollars.and other good and valuable consideration , '.� - by Grantee herein, the receipt and sufficiency of which is hereby acknowledged and confessed, have granted,sold and conveyed,and by these presents do grant,sell and convey to the CITY r •.7 OF SOUTHIAICE,Grantee herein,of Tarrant County,Texas a permanent and perpetual :.- •, •` : :, •:. easement and temporary construction easement for the purpose of installing, repairing, " :%• maintaining,altering,replacing, relocating, and operating utilities in,into,upon.over, across • . and under that land in Tarrant County,Texas described as follows,to-wit: V•. ,. `• Being a permanent 15 foot wide utility easement and a 35 foot wide temporary construction It easement,described as follows: " %....'.'- See Exhibit 'A' for metes and bounds description. , �-_ See Exhibit'B' for graphic depiction • . 1 -*. __ ' together with the right of ingress and egress as necessary for such purposes. .f.•;•• - _' Grantor covenants and agrees that Grantor and Grantor's heirs,representatives,successors and assigns shall at no time erect, place or construct,or cause to be erected,placed or constructed in, into,upon, ove-.,across or under said permanent casement granted herein any temporary orII -- permanent structures, and it is further agreed that Grantee shall have the right to excavate and . fill upon and within said permanent easement and shall have the right to remove from said Elm permanent easement any fence:,buildings•or other obstructions as may now be found upon said permanent easement. Grantee shall replace any existing fences and shall re-sod or re-seed 4 the permanent easement where necessary to return the property as nearly as possible to its •` prior condition. • _ `e Such temporary construction easement shall include the right to excavate or fill upon such t property,but Grantee shall replace any existing fences, improvements,or other fixtures within or upon said temporary construction easement without cost to Grantor,or current owner •,'•••s%s- thereof and shall restore the property as nearly as possible to its condition prior to entry 1 TO HAVE AND TO HOLD the above described easement, together with all and singular, the '.j': . .• • rights and appurtenances thereto,anywise belonging unto the said Grantee, its successors and • • °` assigns forever: and I/We do hereby certify that I/We are the owners of the property described herein and bind myself/ourselves,my/our heirs and assigns,to warrant and to forever defend .: all and singular the premises unto the said Grantee, its successors and assigns,against every .: i. . person whomsoever lawfully claiming or to claim same or any thereof. ..• EXECUTED this the /I/ day of sae-•d«-..Y/ , 199f , • ' ,, :: • /sue a 741-SQ2.g' / -.V L i•d- _ *. Page 1 of 2 :N:t...rti.."14'...t`•:.:1 :11..:::::.•,:-.-. 11 "Si Al icip 1 . pigy • THE STATE OF TEXAS } " COUNTY OF TARRANT ACKNOWLEDGEMENT 6{� • Lorin. '..;.-.1.1 . . BEFORE E.the uadersignd on this dad personally appeared J X/.7 -• critic) 127Qx., i 4� v ,of 2 S - a partnership.known tome to he the person(s)whose name(s)is/are subacri to the foregoing instrument,and acknowledged to me that he/she/they elevated t same for the 'sr purposes and consideration therein expressed and in the capacity therein stated.and as the act t,;;•� r;� %` =i. and deed of said partnership. •- �`•- s GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the �day of•./ '"� •` yy� �+ A.D. 19�5 • ---,f,•,... Y2-)akitrAai\-fad.!-z, . -:7.--: _ - Notes),Public s, ld for the Slue of Texas '''''s .. ".." ..." • . • .. . • , „:„...:, .3,0, . . •... ... S 0 i at•� 1 My commission expires: I i 1r+ LAiit:i YACz k3 \, Notary Public a STATE OF TEXAS - _ • - aj• try Comm Esa.0S15f9S i. I q,� ..:,.... :: ... . .. Accepted by the City of Southlake. this the L'�' day of -1l , A.D. lQ�t/ . .�-I .:-, ....„....... .„ •,...•.: ...:,..,. ........„, :. : , . ,.:. . _.....::..„.,,. By. ' '`- City of thlakc Teas • ei • • RETURN DOCUMENTS I0: - • L _ .3, .'1.; . GRANTOR (iRANTF.F, ! iii .Xi..i,•%.:. _ •!-•,,•' - F.M. 1709 Shady Oaks,Ltd. Cityof Southlake . ••j'•:_" do Stratford Land Investments.Inc. do Sandra LeGrand • . . 8100 Lomo Alto,Suite 208 City Secretary • _ • Dallas.TX 75225 667 N. Carroll Ave. • •. 7( •,� Southiake TX 76092 Page 2 of 2 ••'..• • • ;HQ'7..it 1:•Te:, 3:i . _e 'rr.*y. t':c::`•:?; .. • Y f! EXHIBIT"A" •�- % •: 151 UTILITY EASEMENT • Erill • BEING a tract of land situated in the Littlebary G.Hall Su,my,Abstract No.686,City of , : Southlake,Tarrant County.Texas,and being a p►rt of a tract of land conveyed to F.M. 1709- Shady Oaks,Ltd.,as recorded in Volume 11618,Page 1514,Deed Records of Tarrant County, • Texas,and being more particularly described as follows: ?L_—• BEGINNING at a point for the Southwest corner of said tract,said point being in the northerly • • ': , :;•�: : right-of-way line of FA-1709(Southlake Boulevard); THENCE N 05°43'04"W,a distance of 15.11 feet to a point for coma; ' - r. «•' .. THENCE S 88°57'44"E.,at 15 ft.north of and parallel to the said northerly right-of-way line I-�r' of F.M. 1709,a distance of 797.97 ft.to a point for comer, •;. THENCE S OI°43'47"E,a distance of 15.02 feet to a point for corner•said point being in the north right-of-way line of F.M. 1709; • • x:=••� .••: '•= - THENCE N 88°5744"W,a distance of 797.92 feet to the POINT OF BEGINNING and '; containing 0.275.• g acres�11%1 sq.ft.)of land,more or less. - i� • - .. - • Uouik tl�fl llk`CKMlIGbry.A ° • I • o , � • \ ,• '' o o • ¢ eta ;r,.. , Ili. • • .S . • ''+ EXHIBIT 'B' 15' UTILITY EASEMENT •.. • ,• o Scale i:foo' °° N05'43'04"W l UPoint of G i - '-Ji�r eginning . J +4� tttftt'�� 94 I •`' rn /^ 15' Utilit Eas' ment - :` N. ' 'Zia:. L _ - 1 / n O G • ' ••! t: i. - ti / road eoA I *. . �- t7 / . :'•� '- . i . % Y _.yam• :!, / .r.i• `' C .•:'.. y.• \0 % , . �°-S I ,:' / . •-. \\ t?. : ,: j` .• 3 e . W Jo lilt I. / I :n / � . 1 ` N . a Z % v) I r' •111 S01'43'47"E ' 15.02' Existing 15' �' City of • • • 't o Utility Esmt. - Southloke - H20_WIiT.DWG (001-423) i f ' r , I I certify that thi. Is • CHEATHAM AND ASSOCIATES repre�ntation accurate of this y 1601 E. LAMAR SUITE 200 survey as rands on the , •• ARtINGTON. TEXAS 70011 ground. EDOIE L CNEATHY 11 . METRO (817) zes-aaae . 2346 �: f� (817) 548-009e +oi p• q. 7 ras;°0 H' SUR`1f •.1 4• i. • DATE : 7.--3'�; . • . .. . . . _ • .. • . • . • ... •', ,.a •• .... . .... .• .. . �- _ a .✓t . - .. !1 ; 7 r • r' • ill 2'..'''-'•*::- • V D195033834 0 CITY SOUTHLAKE 667 N CARROLL AVE SOUTHLAKE, TX 76092 11 ia, �1 1 .. • -W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--DO NOT DESTRO Y LIL I N D E X E D -- TAR RANT COUNTY TEXAS • .� • SUZANNE[1 H E N D E R S O N -- COUNTY CLERK 1 • OFFICIAL RECEIPT T 0: CITY OF SOUTHLAKE RECEIPT NO REGISTER RECD-BY PRINTED DATE TIME , '',1 _- 195118661 DR91 T000224 02/27/95 10:35 INSTRUMENT FEECD INDEXED TIME • • 1 0195033834 WD 950227 10:35 CG - T O T A L : DOCUMENTS: 01 F E E S: 15.00 • �•e'• __cl v."- • B Y: - ANY PROVISION WHICH RESTRICTS THE SALE RENTHL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE • .• IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. • ' •y • • sit .. .J' D 4 ,% is! - .. A Ji.•C s — ----- • U MA _ 1 L l LL vnc.. c.rti t'HIS IVU, 2148558888 P. 02 • EXZBYT "A" TRACT 1 BEING a tract of land situated in the Littlebzrry G. Hall Survey,Abstract No. 686, City of Southlake, Tarrant County,Texas,and being a part of a tract of land convoyed to Marion Dribble Truelove, Individually and as Independent Executrix of the estate ofl. P.Truelove, trustee as recorded in Volume 9667,Page 2315,Deed Records of Tarrant County,Texas,and being more particularly described as follows: • BEGINNING at a P.IC.nail set at the intersection of the north tight-of-way line of F.M. Mghway 1709 (a variable width right-of-way),and the centerline of Shady Oaks Drive; THENCE N 05 degress 43 minutes 04 seconds 44 along the centerline of said Shady Oaks Drive,a distance of 236.64 feet to a P.K.nail set for a comer; T1lENCE S 88 degress 57 minutes 44 seconds E,leaving the centerline of said Shady Oaks Drive,a distance of 780.64 feet to a Ill inch iron rod act on the west line of a proposed drainage easement to the City of Southiaice; ' to CE S 24 degram 39 minutes 58 seconds E,along the west line of said proposed drainage . .. t,a distance of 29.18 fact to a 1/2-inch iron rod set at the beginning of a curve to the right vittg a central angle of 22 degrc s 56 ntiranea %1 seconds,a radius of 270.00 feet and a tangent of 54,78 feet; THENCE in a Southeasterly direction along the west line of said proposed drainage easement and along said curve to the right,an arc length of 138.09 feet to a 1/2-inch Iron rod set at the end of said curve; . THENCE S 01 degrees 43 minutes 47 seconds E,along the west line of said proposed age easement,a distance of I04.76 feet to a II2-inch iron rod set on the north right-of-way line of said P.M. Highway 1709 for a corner, THENCE N 88 degresa 57 minutes 44 seconds W,along the north right-of-way line of saidF.M. Highway 1709,passing at 769.49 fret a 1f2=inch iron rod found on the east right-of-way line of said Shady Oaks Drive and continuing for a total distance of 796.92 feet to the PAINT OP BEGINNING and CONTAINING 4.3107 acres of land,of which 0.1465 acres of lend lies in the sight-of-way of Shady Oaks Drive. • Eatubit "A" — Page Lit u, 4 o� uVlt i c•le KKrubL 1 C f I LE CRESCENT FAX NO. 2148558888 P. 03 . TRACT 2 BEING a tract of land situated in the Littleberry G. Hall Survey. Abstract No.686, City of Southlake, Tarrant County,Texas, and being a part of a tract of land conveyed to Marion Dribble Truelove, Individually and as independent Executrix of the ester of I.P.Truelove,trustee as reeoried in Vol% 9667,Page 2315, Deed Recants of Tarrant County,Texas,and being more particularly dceAxibed as follows: BEGINNING at a 1/2-inch iron rod set on the north right-of-way line of F.M.Highway 1709(a variable width right-of-way),said point being S 88 degress 57 minutes 44 seconds E.a distance of 907.05 feet from the centerline of Shady Oaks Drive said point also being on the east right-of-way lime of a proposed street to the City of Southlake; THENCE N 01 degress 43 minutes 47 seconds W,along the cast right-of-way line of said proposed street, a distance of 110.08 feet to a 1t2-iue.h iron.rod set at the beginning of a curve to the left laving a central angle of 19 degress 24 minutes 09 seconds,a radius of 380.00 feet,and tangcx t of 64.96 feet THENCE in a Northwesterly direction along the east right-of-way line of said proposed street,an aro length of 128.68 feet to a 1/2-inch ion rod set at the end of said curve THENCE S 88 degress 57 minutes 44 seconds E,a distance of 273.58 feet to a 1t24nch iron rod set frior a corner, -THENCE S 01 degress 33 minutes 31 seconds E.passing at 68.76 feet n 1/2-inch iron rod found at the northwest corner of Lot 1,Block 1,Woodland H1113 RSU,an addition to the City of Sat eke:as recorded in Cabinet A,Slide 608, Deed Records of Tartan.* County,Texas,end continuing slang the west line of said Woodland Hills RSU Addition for a total distance of 223.15 feet to a 112.hxh iron rod found on the North right-of-war line of said F.M. Highway 1709,said point also being the boner of a non-tangent curve to the right having a central angle of 01 degress 5S minutes 30 seconds,a radius of 5659.58 feet,a'angent of 95.08 feet,and a chord beating and distance of S 87 degrees 23 minutes 42 seconds W, 190.14 feet; THENCE in a Southwesterly direction along the north right-of-way line of said F.14.Highway 1709 and along said curve to the right,an arc Ieagth of 190.15 Net to a 1/2-i ch iron rm l found at the end of . said curve; THENCE N 88 dcgress 57 minotes 44 seconds W,along the north right-of way line of said F.IL Highway 1709,a distance of 60.97 feet to the POINT OF BEGINNING and CONTAINING 1.3538 acres of land. ibit "A" - Page 2 of 2 sJ t1l:.l UDL Ili i i i Ll: CRESCENT FAX NO. 2148558888 P. 04 4.•• r., r',i `v;? ',3 . , •.L, prepared by the Sate DuefTexs Err we by lbwycn aaiy. Rc+�1iM 1q.3S WARRANTY DEED . . �' 4 Date: NNE i4, 1994 but to be effective as of June 15, 1444 • `t Grantor: MARION ORIBELE TRUELOVE,INDIVIDUALLY AND AS INDEPENDENT EXECUTRIX OF TUE ESTATE OF I. P, TRUPI.CVE; JAMF.S DUDEEY TRUELOVE. THOMAS EDWARD I ='' TRUELOVE. and MARY•LOUISE TRUELOVE.representing IOQ%nwnersbip 111 tba Property '-'s ' . •N'•~- Grantor's MaU.1n8 Addrt�e(ladudlag con1t11: ) • . ., 2517 Tnitit wood -- Tarrant m • Grapevine.Tarrainty.Taxes 76051 V Gra de= FM 17O9-311ADY OAKS,LTD.,a Tesaa limited psnoersmp ,.t .'' Grantee's Minim Address coon • :: .. (iaci rsditgy b}: i co Stratford Land Th bents. Inc. •,• UL'i 8100 LOMO ALTO.SUM 20S .•DALLAS.TEXAS 75225 t.�Y•f• CONS1 %%RATION_ TEN AND NO/100 DOLLARS(510.00 Wait sod valuable �v L°,;" consideration.die receipt of which is botchy achsowledged, ,% f r tr PropQ(Inducting lacy EmpravemEntt f • r • Debug two tracts of bead aittiatad is She Littleb&ay G.II.a11 Survey, Abstract No.6BG,CITY of South-LAC. Tarrant County.Texan.more particularly described in Eltlubir'Ad and EExhibk`13`taaichcd terCto. Pitiotiz from and E eepdora to Conveyance and Warranty: This conveyance is subject to all zoning laws and any rollback taxes far previous years Ctat might he etttbx became due lu the ham. Grantor.for the comities-aim and subject to the reacrvadoos from sod exceptions to conveyanc and warranty,grants.sells sod conveys to Grantee the Property.together with all sod angular the rights and : t' ,. • appurtenance"tya000 in any wise belonging. to have and hold it to Granma,QrCOOee'a heirs,cze itnta, r ndmIniatratars,wceessors. or tulips Coeval. Grantee binds Grantor and Granter's haft. =comm -`` edrtulaistrataa,and stuctssort m w>ytruxt and forever defend rill and singular the Property to t3sanrte end • ;.; Granites being exrc lton•admittistrabars,areeesrats,and soigne what every person+ ao ver lawfully • claiming or to claim the seaaia or pm part thereof,except as to the.reservation horn and exceptions to ;M�y; cottveymce and wsotrarrty. Current ad valorem taxes on the Property larva been prorated;the pxpmbm thereof 1a watered , •• by Orantt . . s ..I' Wbaa the coma requires singular nouns and pronouns inducts the plural. • 4' / 1►�ARION GRIHB�UELOVE.hall ' "nad n . Independent Executru to oho Estate of 1, P. Truelove, ••' Deacard -.... ..,,. r_1iu.1JOOOO P. 05 • .- ' ,, - 4�w\ .-,Yv .. •' - _ Amami �'' ... ,:: :a' f • , • likiI• ,,• , ,.� •7.. .. s D(TDLEY Tit OW - .. ,z.;,'}?• OMAS EDWARD TRUELOVE, R. ' NM • '• LO E TRUELO asos.� "-/�+- • - BY THOMAS EDWARD TRUPd•O1+E.SR. HER AGENT AND ATTORNEY 1N FACT • • • '• • . STATE OF TEXAS $ 1 - COUNTY COUNTY OF T1►RRAN7 § � -• __ - - This isastrurneet was aciQsowiedgad before me on the nay of June. 1994 by ,'• •A Marion Cribbfe Tm Iove, Individually and as Independent Executrix of� Estate of 1. P. Ttuciavc. ,! • I, • M Res:.;i" `o X j,). Notary Putiac ' ~ .1 ' STATE Of'TEXAS V ',ra*+` icy carte.Fsr,aFt s OM t N Public, td of . airy Commission Expires: , STATE OF .s-4> 4 ' COUNTY OF `' § 3: This instPmtrt was ssclar'owiedi.d befcia me on tbe19 tdsy of Jun' 1994 by'Jams Dudley Truelove. E a I�rS P+C r$ i' f,VV Nolsr,PUbnc •r ;.'r, ,` STATE OF TEXAS 1 Public. •iyTY y�t:eam,ta... 5 rrs, Marti cote nisalon TY 1.. wm. .STATE OF TEXAS } '?' COUNTY OF TARRANT 1 / ' Tots instrument was acknowledged before me u the f 7_ht?ILyy of Jttae. 1994 by _ . ' F. ' Thome,Edward Tmelova.Sr.. ` 4 :' .(ia aT• AOSE VARY RE70 to CK N Milo, • •• ` meal hMie Notary Commission T Tan: , , 3TAtL OF TnTA8 .•� .•- . . +J`' *Com.[y.1st s,sera - • •• . ./..)r!l+nil•+•- .•+.... l...A• 7ia . mt' , 5J - id- ._ viu:.wvc�r t L Hx NU. 2148558888 P. 06 ?t . 1.. 4. .ry4 1•►.� l „ Y J i � .t S�i i',n.�1 i t' - 1.v� e_".j.4 - ♦{ P trx.:?•• .1 ::'„ .,• ...! SPATE OF f / : i i * £O 1. Thu c was acknowledged before roe on the f l"day of hw0, 1994 H r • ,' by Mary LonIse Truelove by Thomas Edward Truelove.Sr.,loco agent and araz ney is fact. '' �.-'.�. ^i.;a r xt �Alcx . ,.,,4 RCS awtr�Pa& N Pubf;c.Sta t o y R ' R STATE Of TEXAS atsry'scommissio�n •Rion: ' . kr re.Cw.!_1:5. �4 is I 1::::',. ;:.':1. . 1:-....l. I• V• t• 0 t. • ' F• • /}^ AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: . • ' Strafford Lord IuvepOmtars,L . WILLIAM D.TATE 81OO 1.441330 MM.Spite TOR 1200 S.Main,Suitt WOO • . Dallas.Texas 7S225 Grapevine,TX 76O 1 rill „ . . . ti . :,. . ,,,.., . _....... .. . ...:„.....„„. . .., .... .. rti .,.:,..,,, ,,.. ....., .'. ......,...,... . .. . j ....... „ . .„.„.:: :. .,.....: „.... ,,,,..„...-.r, .... . '. ...„.,..,.... ...,. . • t• .. .. ! . ••.'• . t.�...0p2 ..1„ 1_ t.6-18 15 t 5 = 1-.3. :3t.,�;=y ie.Lt:v' 5j -13 ....... 'jw...,VLPtt rHA NU. 2148558888 P. 07 • /' i. 'i ,spa. f. ■ • • _ • • • .ki EXHIBIT"A" )1 TRACT t I : • ..... BEING a tract of land situated in the Littteberry G.Nall Survey,Abstract No.686,City of Sourhtlake, Tarrant County,Texas,and being a parr of a tract of land conveyed to Manion Gnbbie Truelove, Individually and as Independent Executrix of the estate of I.P.Truelove,trustee as recorded in Volume ' 9667.Page 2315,Deed Records of Tarrant County,Texas.and being more particularly described as follows: ' i BEGINNING at a P.X.tad set at the Iltu o:ion of the north right-of-way line of F.M.Highway 1709 (a variable width right-of-way),and the centerline of Shady Oaks(rive; T7r GE N 05 degrees 43 minutes 04 seconds W,slang the centerline of said Shady Oaks Drive,a -• distance of 236.64 feet to a P.K.nail set for a earner; 1 ;• bp THENCE 3 83 dcgress 57 minutes 44 seconds E,leaving the centerline of xrid Shady Oaks Drive,a distance of 780.64 fat to a 1/2-inch iron rod set on the west line of a proposed drainage casement to the City of Sontblakc ® THENCE S 24 degsess 39 minutes 5$seconds E,along the west line of said ptopasbd driftage easement,a distance of 29.18 feet to a 1/2-inch iron rod set at the beginning of a curve to the right '`, •do . . having a central angle of 22 degrees 56 minutes 11 seconds,a radius of 270.00 feet and a tangent of 54.78 feet; : •:- • THENCE in a Southeasterly direction along the west line of said proposed drainage easenstot and .. along said curve to the right,an arc length of IoB.09 feet to a 1/2-inch iron rod act at the end of said . • curve; . THENCE S 01 degrees 43 minutes 47 seconds E,along the west Hoe of said pnarniei d alotiles eae sl,a distance of 104,76 feet to a 1R-Inch iron rod sct on the north tightrof vm line of xald F.1L t • ' Highway 1709 fora comer, THENCE N 88 degrees 57 minutes 44 seconds IV,along the north right-of-way line of said F.M. Highway 1709,gassing at 769.49 feet a ls'Z-inch iron rod found on the east right f-my lien of said _ Shady Oaks Drive and continuing for a total distance of 796.92 feet to the POINT OF BEGINNING • and CONTAINING 4.3107 acres of land,of which 0,1465 acres of land lies in ibe right-of-way of n • Shady Oaks Y ' • y,�E Drive. rp 11618 1517 , '' .-, )1. . `o-• ,'l b, ,. ,...,...,Y,,• .. _ ... .. ttnoeae,.ct1ID► - - _ ... .(i �'.': 5j- - 14 __ ran nu. [i Ulbbd888 P. 08 _. :. ,, • ter . ', ..r!• _ ., . ,. .ti • v: ta EXHIBIT"B" ,•r ••. Pi TRACT 2 4 BEING a tract of land situated in the Littleberry G.Nail Survey,Abstract No.686,City of Southlake, • 1 Tarrant County,Texas,and being a part of a tract of land conveyed to Marion Gribble Truelove, IIII Individually and as Independent Executrix of the estate of I.P.Truelove,trustee as accorded in Volume 9667,Page 2315,Deed Rereads of Tenant County.Texas,and being more particularly described as follows: • BEGINNING at a 1/2-inch iron rod set on the north right-of-way line of F.M.!Bighwny 1709(a =El variable width right-of--way),said paint being S 88 degnss 57 minutes 44 seconds E,a dishy of 907.05 feat from the centerline of Shady Oaks Drive said point also being on the east right-of-way line of a proposed street to the City of Southlakc: THENCE N 01 digress 43 urinutcs 47 seconds W,along the east right-of-way line of said proposed • strzet,a distance of 1113.08 feet to a 1/2-Inch iron end set at the beginning of a curvy to the left having a central angle of 19 digress 24 minutes 09 sounds,a radius of 380.00 feet,and tangent of 64.96 Sae% _.A . THENCE in a Nutthwestedy direction along the east right of4vay live of said pmpoaed street an arc length of 128.68 feet to a I2-inch iron rod sat at the egad of said curve; THENCE S 88 digress 57 minutes 44 seconds E,a distance of 273.58 feet to a I2-inch iron rod set • for a comes; TIil iCE S 01 degresa 33 tv iuurna 31 seconds E„passing at 68.76 feet a 12-itacch inio tad&end at • the northwtst comes of Lot 1,Block 1,Woodland Wills RSU.art addition to the City of SatrHnlaice,as _- recorded in Cabinet A,Slick 608,Deed Records of Tarrant Coolly,Team,and continuing along the • WI•line of said Woodland Hilts RSV Addition foc a total distance of 223.13 feet to a 1/2-inch iron and found on the North tight-ofway line of said FM Highway 1709,said point also being the b - of a non urgent curve In the aright baying a central angle of 01 digress 35 minutes 30 fie,a radius of 5659-53 foul,a'sngett of 95.08 feet,and a chord bearing and distance of S 87 degr as 23 minutes 42 seconds W,190.14 feet;51 • • THENCE in a Soufrovesterly direction along the north right-of-way Bne of said 1.M.Wglv+sy 1749 and along said curve to the right,an arc length of 190.15 fact to a 1r2-iric]r iron rod found st the cud of Isaid curve; THENCE N 88 degrees 57 minter 44 won&W,along the north right-Of way line of said F.M. Pm Highway 1709,a distance of 60.97 feet as the POINT OF BEGINNING and CONTAINING 1.3331E - acres of land. • I .�_. 1 1618 1518 :^ :tit _____.. ••rr\ illa. c140:7Q0000 P. 09 , a; •• ` r- '. ,• • •, • t . . t° • V. D194140413 STRATFORD LARD INVESTMENTS INC • slim LOU0 ALTO sum 208 .. . (_ • DALLAS. TX 752+ • —W A R X I A G—THIS IS PART OF THE OF'YICIAL RECORD--DO ROT DESTROY INDEXED —— TARRANT COUNTY TEXAS -- SUX AFKE HENDERSON -- C"OUNTYCLERK OP• FICIA RECEIPT T O: RATrIRIN T COWART i.,:: • • RECEIPT 00 REGISTER REsCO—BY PRINTED DATZ TIME 194266075 DR93 T003937 06/15/94 13:12 i.,...r. '.,., INSTRUMENT FEECD INDEXED TINE • 1 D194140413 1ID 946 15 13:12 . c 2 OES .%:-<<' TOTAL a DOCUl03MTS s 01 t R E XL 11.00 . . 1 ,.,"C. • • .; ... ., .. . . ... . " : • B !: v :.a MIT PROVISION ► ICH RESTRICTS THE 8ALZ RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNEEFORCS.�ISLE UNDER FEDLAN.ERAL L . t a. 7^N, • ` 9 ,. is •4. •3. Yfrfb n�s..-..uw.wr�..�.r..dm••. . in; ...... , • 5J --I 6 5.0AC uw TR 28 TR 291 r 1 2.025 AC 2.175 AC 3A1A IA .t A r 1 ,,�`—"_ _ 3 AC ./a ow L • TR 2A TR 2A1 se P. 2.825 AC ' 2.175 AC a a • no ►i +w ow `: µAC-Y V S81A L° (�R�f E• • to a fIC - 51.686 N • TR 3Ct TR 301A 10.80 AC 3 11.14 TR 3B18 , • TR 384 11/ TR 383 ie 1110 .72 AC -- .t. TR 3c TR 30 So ' 84A TR 38 i 4.2758 ® -54 0 AC 2:980 AC • TR 3C2 3.2842 0 TgB 04 \___A TR 305 1.3538 O N rotely for the •use :of - tir 011. E rctr to zoo who C3SUMes no Responsablilty vil. HUMother than the. tope Intended. SI S . fro fie-r*/ 410 6,0%." etta pf, ,.f \, A 16f) 5-J —i 7 R CETV : deb COPY VAR 1 5 19' Ci i'Y SECRETAR �rV ALFRED D. MORIN, JR. International Director March 13, 1996 Honorable Mayor Gary Fickes and Southlake City Council City Hall City of Southlake 667 North Carroll Southlake, TX 76092 Dear Mayor Fickes and Council Members: When the roadways for Diamond Circle Estates were constructed about 10 years ago, the city at that time approved the construction of these streets without reinforcing rods. As a result, there is not a section of Diamond Boulevard, Emerald or Pearl Drive that • is not cracked and some sections on Emerald have lifted up. The city, through the years, very faithfully sends a crew in to fill all the cracks with tar. Because there are so many cracks in the concrete the streets are now a patchwork of black lines. With sewer construction imminent, this is an ideal time to repair some of the worst sections with concrete, reseal all the cracks and finally, resurface the streets. Please consider allocating monies from the neighborhood roads fund to accomplish this badly needed road work. I appreciate your attention to this matter. Sincerely, • Alfred D. Morin, Jr. 1012 Diamond Blvd. Southlake, TX 76092 • NATIONAL OFFICE•BOY SCOUTS OF AMERICA 1325 WEST WALNUT HILL LANE•P.O. BOX 152079•IRVING,TEXAS 75015-2079•214-580.2400 MAR 2 5 1996 DEPT.O F S March 23, 1996 Honorable Mayor Fickes and Southlake City Council City Hall City of Southlake 667 North Carroll Southlake, TX 76092 Dear Mayor Fickes and Council Members: The roads in Diamond Circle Estates are about 10 years old, and there is not a section of Diamond, Emerald or Pearl that has not cracked and needed repair. We moved here 1 year ago and was told that the road repair would probably coincide with the sewer construction upcoming later in the year. We have been walking and a car with a Realtor and potential customers will ask questions S about the neighborhood. The road repair was one of the questions. We have a lovely neighborhood but the roads look like a kids puzzle. Please consider resurfacing our roads with moneys from the neighborhood roads fund. I appreciate your attention to this matter. Sincerely, Cil„...--2,_<, tJ ,,...9.,L,,,,,,' - Chris Williamee 804 Pearl Dr. Southlake, TX 76092 0 6a -.2. MAR 2 5 1998 March 21, 1996 Honorable Mayor Gary Fickes and Southlake City Council City Hall City of Southlake 667 North Carroll Southlake, TX 76092 Dear Mayor Fickes and Council Members: When the roadways for Diamond Circle Estates were constructed about 10 years ago, the city at that time approved the construction of these streets without reinforcing rods. As a result, there is not a section of Diamond Boulevard, Emerald or Pearl Drive that is not cracked and some sections on Emerald have lifted up. The city, through the years, very faithfully sends a crew in to fill all the cracks with tar. Because there are so many cracks in the concrete, the streets are now a • patchwork of black lines. With sewer construction imminent, this is an ideal time to repair some of the worst sections with concrete, reseal all the cracks and finally, resurface the streets. Please consider allocating moneys from the neighborhood roads fund to accomplish this badly needed road work. We appreciate your attention to this matter. Sincerely, 119. Linda and Doug Maxwell 1021 Diamond Blvd. Southlake, TX 76092 S64. -3 MAR 2 5 1996 • . 22-Mar-96 MR. MAYOR AND CITY COUNCIL: AS A RESIDENT OF SOUTHLAKE FOR THE PAST 15 YEARS, MORE RECENTLY DIAMOND CIRCLE ESTATES THE PAST 8 YEARS, I HAVE NOTED A RAPID DETERIORATION OF THE STREETS IN THE DIAMOND CIRCLE AREA. WE ALL KNOW THIS WAS DUE TO THE FACT THAT NO RE-BAR WAS • INSTALLED WHEN THE STREETS WERE ORIGINALLY POURED. NOW, THAT THE SEWERS ARE COMING TO OUR ADDITION, I ENCOURAGE YOU AND THE COUNCIL TO EITHER REPLACE OR REPAIR OUR STREETS AS PART OF THIS MAJOR COMMUNITY IMPROVEMENT. REGARDS; i(44 RONALD SARGENT 1025 DIAMOND BLVD. • 6a,--ie MAR 2 5 1996 • Just the Fax! 6771_54/(La'(---:_c7&&ze,t _ K-0,y) ; 11,1e-me:-0 017 6 J " P r-t Pfl From: Tina Voucher/Realtor - (817) 3/9-0415 Hea6 SL'- 1 +-AT mD)0!6 S .-Pro,-n TNe 77e c ( t-H73021 b RO A-I S E-Cj n p 13 e._ AL cc c2 I efi D r r-vn C n D c ;R41,6, ESTCL7�j' �o -FA ``CORR-ECT Com S;R-iX l t1 O'P ©up_ ZoADs - .A J"nS A-L - rnoni Oc- C)U(? SeuJQrS, F lea S e: 2b A)D 1�,4U e OS a e_h ,'y c C11-1 - T 6 _A/zE �%E�� " /�/ O d;e �i/t/� �.� .- fr1/� ,42 P cll6 TZ' 2 se ve- 7�7z/e eSP5.T STjze e-i 5 -,JUS 7- 41 eewS. fe rely tiC S /it/ - c ; Zl i4 S/o,V5 ; , , (j S / De- , 4 't) �9/ G' ,2 4 ��Z3 % 7-he �4 e_ g_i7� / 9 e9 i Sl //- ra z/en T 1J1�.(_)/i2-6 v ,, l/v / 771-G[J% 7 ip/CweTG' �e J3A-1Z 7 e-7-c- &lep nh /` 77`2) Z C'/1-47/zo f��-e e-1/—in 1 h/ u GkcS'' D J 7-0 5 / ( 'i/ L /)7 O vet •roi-te,V R ( S ArAfb co F -T� i2 r�� ,4-7/L//2 6 - 7)61,17 �f y��`— A- 77�77)Fi S --a _, , ket ter- o i0 , 7 05' S6906 SYe6/ s -• Arlie Roe Real Estate 1716 Westridge 9??ive, Hurst, Texas 76054 Office min 26S-1754 -- ($17) 135-SM Fax 6a --1 4 •. , . .- 4 • -. , . . . 7 . . • MAR 2 5 1996 !-Ionorable Mayor Gary Ficks and 0 . ._ ke ".' -_. , 7.-.,. I. .., . . -- •• '' . ; .:.. irol,.±. to exress our con.-:e-2n about the condition of the St-22 ii", Diamond Circle Estates . Several sections O. are cracked and liftinsr 17.,, as wg-11 as the other two streets . Pearl and Damond. Please allooate monies for the street repair after the se--;ers have been plaoed in our subdivision. The streets airea-ls; ..1.e torn ..lp with t'..-:e sewer installation so %;it . . norete and res-.zrfaoin..:2 will be a ri-'.e appreciate 7:..u]:-. attention in this matter. :=...-...in•-_,erely,.._,0 .5 ..-_ ,: _e:•• T'etr-L.i.s ID set -4 RICHARD J. ODAY MAR 2 5 1996 921 EMERALD BOULEVARD � - SOUTHLAKE, TX 76092 ��^� '� � , III MARCH 22, 1996 Honorable Mayor Gary Fickes and Southlake City Council City of Southlake 667 North Carroll Southlake, TX 76092 Dear Mayor Fickes and Council Members: When the roadways for Diamond Circle Estates were constructed about 10 years ago, the city approved the construction of these streets without reinforcing rods. As a result, S there is not a section of Emerald or Diamond Boulevard or Pearl Drive that is not cracked and some sections on Emerald have lifted. Since there is limited lighting in the neighborhood, walking at night is somewhat hazardous due to the raised sections of roadway and uneven surfaces resulting from materials used to fill the numerous cracks. With sewer improvements planned for the near future, I feel this is the perfect opportunity to correct the problems with our streets in Diamond Circle Estates. Thank you for your time and consideration regarding this matter. Sincerely, i 3 /(:; 1 l(liki RICHARD J. ODAY III MAR Z 5 1996 DEPT.0r P' 3L L. • March 24, 1996 Honorable Mayor Gary Fickes and Southlake City Council City Hall - City of Southlake 667 North Carroll Southlake, TX 76092 Dear Mayor Fickes and Council Members: We have been proud residents of Southlake and Diamond Circle Estates for over 7 years, and seen it grow from a small rural town to one of the most popular places to live in Texas. We have watched the city road crews try diligently to keep Diamond Circle streets in good repair, but there are so many cracks in Diamond, Pearl, and Emerald that they are becoming an eyesore. We understand that the developer's failure to install reinforcing rods is the reason for this situation. • With sewer construction planned in the near future, the city would be well advised to repair the worst sections with concrete, reseal all cracks, and resurface all streets in Diamond Circle. Please consider allocating funds for this purpose so that we can continue to be proud of our neighborhood and our city. Thank you for you consideration. Sincerely, Amy A. Archam beau 810 Pearl Drive Southlake, TX 76092 1111 (g4( % Steve cam' taekie Fjumphrey S 1042 ,,inmond alvd. southlAke, Texas 76092-6208 (817) 481-4433 or (214) 620-1075 March 23, 1996 Honorable Mayor Gary Fickes and The Southlake City Council City of Southlake 667 N. Carroll Southlake, Texas 76092 Honorable Mayor Fickes and City Council Members: As you may already be aware, the streets that were constructed in the Diamond Circle Estates a decade ago (and prior to the stringent quality control that is now apparent in our city) are in dire need of repairs that will last. Although the City has faithfully filled in the cracking concrete, it is only a temporary fix and continues to need attention which has S got to be a major cost in labor alone. Since there are no sidewalks in our neighborhood, foot and bicycle traffic on the roads proves to be very messy as the tar comes off in hot weather, tracking in homes and staining shoes & clothing. This is one of first premier neighborhoods in the Southlake community and we wish to maintain its high quality. With the sewer construction scheduled in our neighborhood shortly, it seems a logical time to set aside funds to repair our streets utilizing the quality process that is now a part of the City of Southlake. Please help people see that the City of Southlake "continues" to take care of the streets and neighborhoods that have been and are being built in our community. Thank you for.your consideration in this matter. l l LGt.(--t! ./r`47)1/" ` [/-, Steve and Jade Humphrey • 6a -1 +SEC. , • March 25, 1996 CITYSEC _"1r;:"; Honorable Mayor Gary Fickes and Southlake City Council City Hall City or Southlake 667 North Carroll Southlake, TX 76092 Dear Mayor Fickes and Council Members: When the roadways for Diamond Circle Estates were constructed about 10 years ago, the city at that time approved the construction of these streets without reinforcing rods. As a result, there is not a section of Diamond Boulevard, Emerald, or Pearl Drive that is not cracked. Some sections on these streets have lifted up causing a safety hazard to walkers, skaters, and cyclists. With sewer construction imminent this is an ideal time to repair some of the worst sections with concrete, reseal all the cracks, and resurface the streets. Please consider allocating monies from the neighborhood roads fund to accomplish this badly needed road work. • I appreciate your attention to this matter. (S+7,79 (--(\ e-Sc i-e-fir Chris Garrett 811 Pearl Drive Southlake, TX 76092 S 6a 1d wr 1•iAR 1 5 19e . ', CI i Y SECRETAR 4Fr ALFRED D. MORIN. JR. International Director March 13, 1996 • Honorable Mayor Gary Fickes and Southlake City Council City Hall - City of Southlake 667 North Carroll Southlake, TX 76092 Dear Mayor Fickes and Council Members: When the roadways for Diamond Circle Estates were constructed about 10 years ago, .. • the city at that time approved the construction of these streets without reinforcing rods. As a result, there is not a section of Diamond Boulevard, Emerald or Pearl Drive that is not cracked and some sections on Emerald have lifted up. The city, through the years, very faithfully sends a crew in to fill all the cracks with tar. • Because there are so many cracks in the concrete the streets are now a patchwork of black lines. With sewer construction imminent, this is an ideal time to repair some of the worst sections with concrete, reseal all the cracks and finally, resurface the streets. Please consider allocating monies from the neighborhood roads fund to accomplish this badly needed road work. I appreciate your attention to this matter. Sincerely, Alfred D. Morin, Jr. 1012 Diamond Blvd. Southlake, TX 76092 • NATIONAL OFFICE•BOY SCOUTS OF AMERICA • 1325 WEST WALNUT HILL LANE•P.O. BOX 152079'•IRVING.TEXAS 75015.2079•214-580-2400 l� -�d1 I11 1 S 1 CITY SEC '_ S ,;:Y • March 18, 1996 Honorable Mayor Gary Fickes and Southlake City Council City Hall City of Southlake 667 North Carroll Southlake, Texas 76092 Dear Mayor Fickes and Council Members: I am writing to request that consideration be given to repairing and surfacing the roadways in the Diamond Circle Estates. The deterioration of the road surface and differential movement of the slabs has now caused potentially dangerous ledges to appear. These ledges can cause tripping hazards for pedestrians and destabilize cyclists, particularly at night. SThe problems with the road surface have been caused by poor engineering and construction inspection and have been compounded by run off from leaching fields. The proposed installation of sewers this year would therefore present an ideal opportunity to kill two birds with one stone. The road surface can be repaired at the same time as reinstating the sewer trench. The repaired slabs can be resurfaced to prevent further moisture penetration. The finished product would then match excellent standard of the adjoining FM1709 and White's Chapel Roads. Thank you for taking the time to read this letter. I hope that you will agree that funds allocated for this road work would be money well spent. Sincerely, . .,.fr (A evd Alan Murphy 906 Emerald Blvd. Southlake, Texas 76092 S L.i CITY SECR_;I. March 18,1996 • Honorable Mayor Gary Fickes and Southlake City Council City Hall City of Southlake 667 North Carroll Ave. Southlake, TX 76092 Dear Mayor Fickes and Council Members: Just about every year the City of Southlake send in a work crew to repair the roads in Diamond Circle Estates. They continuously need this repair because they were not properly constructed i.e. no reinforcing rods installed. As a result the roads contain a large number of tar filled cracks and several parts of the road have lifted. Because sewer construction is to occur later in 1996, this would be an ideal time to properly repair some of the worst sections of the roads and to resurface them. Please consider allocating the necessary funds to accomplish this. Thank you. Sincerely, • Paul W. Schlake 1024 Diamond Blvd. Southlake, TX 76092 S JAMES R. RIDENOUR =_iEL... ; 1840 NORWOOD PLAZA SUITE 101 HURST, TEXAS 76054 7 1 9 123 (817) 282-7611 CITY SEC;;_ March 18, 1996 Honorable Mayor Gary Fickes and Southlake City Council City of Southlake' 667 North Carrol Southlake, TX 76092 Dear Mayor Fickes and Council Members: When the roadways for Diamond Circle Estates were constructed about 10 years ago, the city at that time approved the construction of these streets without reinforcing rods. • As a result, there is not a section of Diamond Boulevard, Emerald or Pearl Drive that is not cracked and some sections on Emerald have lifted up. • The city, through the years, very faithfully sends a crew in to fill all the cracks with tar. Because there are so many cracks in the concrete the streets are now a patchwork of black lines. With sever construction imminent, this is an ideal time to repair some of the worst sections with concrete, reseal all the cracks and finally, resurface the streets. Please consider allocating monies from the neighborhood roads fund to accomplish this badly needed road work. I appreciate your attention to this matter. Sincerely, 0 p • Ridenour 1030 Diamond Blvd. Southlake, TX 76092 diablvd.doc (fa, f mum . 'MANNHART WWI III ma / 2 iz V, Edwin E . Mannhart 905 Emerald Blvd CITY �., _ '. . .7 Southlake, Texas 76092 ( 817 ) 481-2604 March 21 , 1996 Honorable Major Gary Fickes and Southlake City Council 667 North Carroll Street Southlake, Texas 76092 DIAMOND CIRCLE ESTATES - ROADS As the construction date of the sanitary sewer lines approaches, it is important to consider the replacement of the present road surfaces at the same time. •When Diamond Circle Estates were approved, a SUBSTANDARD ROAD CONSTRUCTION was APPROVED BY THE CITY OF SOUTHLAKE. In some areas , there are more tar patches than concrete visible and the roads in Diamond Circle Estates are in such poor repair that in some areas they have become a SAFETY HAZARD. The only ACCEPTALBE REPAIR of our roads is COMPLETE REPLACEMENT. As a longtime resident and taxpayer, I request that funds for the road replacement be appropriated at this time and road re- construction be completed during the same period as the sewer installation is in progress . Yours very truly, r Edwin & at Mannhart ✓/ .0 ___, // a lL 4 ,-. &.`rx�-`ti illytt2 2 1996 CITY SECRET/01)j 1019 Diamond Blvd. Southlake, Texas 76092 (817) 481-5565 March 22, 1996 Honorable Mayor Gary Fickes and Southlake City Council City Hall City of Southlake 667 North Carroll Southlake, TX 76092 Dear Mayor Fickes and Council Members, • I have recently moved to Diamond Circle Estates in Southlake from out of state. While I am very pleased with Southlake and the neighborhood there is one major concern 40 that I hope you will address. The streets in this neighborhood, specifically Diamond Boulevard, Emerald, and Pearl Drive, need to be repaired and resurfaced. I understand that under a previous Administration, the city approved the construction of these streets without reinforcing rods. As a result, there are so many cracks and so much patchwork that not only are the streets unsightly, they are unsafe. While it is a quiet and nice neighborhood for our children to ride their bicycles, it is difficult with all the cracks and patchwork. We would appreciate you allocating monies from the neighborhood roads fund to repair and resurface the streets in this subdivision. Thank you for your time and consideration. Sincerely, Barbara Holbert 6 a -l( ,. •:' ,. 0 'T.":•.::-= .-., ;;-,:,.ia,,,...,•:.,_..:1;=,.'.-• :,'s- -: - . ;:'' 'tlIT.,-,ify,;•i.-5;',•4,:P2, =:•: 7 '.- .- . • -.1,, -.•._4•-ik,',:1-k : • •-7: - -- ';...,i.,:,-.!.,::,-:.. ,;!•,,::_. • , ' . ., r-- fivpyr-y-27, -7 941,p, _ , IT ,,00,::; „ •,,;.,.:!:_ ,,,.„:.;: ::.: . ..-7t..:--':!',,rri!`::,:f':‘,;::•• :4-11 /V p.7,1'72:"Y1W -",------) ..7 )/-?4,/ fuj -7-> -)') iry 72-7,24,7 . . ,••,,•••, ,. ,. :, - _ r_-<2 • (i--( f. - 277.0(f --,w' .,.„, - -,,, - •••• -i.,.„ ,..;,-,:,,,m 99-19 idr?-4-.7rrK. d21-7-j7.0/ 7?(,::;.:-:,,, 22--/r7L-0-- /K ---1,2- ..... : .:„ . ' -- .. ..:::':;- PIN/ • 47-6 -- YX.14Yr.--.71779z * )W'— sl? - 7'/W t . .d-1/7321-0 -to-ii/Fr _2(2,-)4, t o )_17232/ zri___Lry2ikr3 Tic ---731-71f.14.17-1-11 7772-?-v .°1.2 -...217-.3 aria ,;::',.;.:Ii.!-;,P;;-:.::., ....':7:7-.2:::::.::: :;5-1,-<.'.' • r . 4:' .--:. . • "21 02 , frr - -lrl'D ".• -;:-;t-.,-:';":!.`-'-...i:'!:'.':---','-' 1.7-1- -1:4:01,':'- - - , i':'•... 4:-;- ,X-'--Ci:?'•>. 62 . . , , ____K irr r1)+4 7f-N, . . ••••, ,...,: . . - /32 1,1,vj p2,,:w. z,9 4) 1 (ZS[ Z Zliitli 70 ,:. •4-•. .- .' —.7127.,.- b",-0-.7 vv , i, - ",,) voilik • . .,.. .• • ._„.. . , ,,,),zz, p?.0 72)Q)ki;"`..-.:'.'•:';:,...,. . _ _ -, ...• -•-, . ' ---Z ° ./(- 97-720 ;-*3-\ . . GARY W. KERBOW 918 Emerald Blvd. S Southlake,Texas 76092 Telephone 817-481-7404 Fax 817-251-1713 March 19, 1996 Honorable Mayor Gary Fickes "" C"-- City Hall ThS City of Southlake �Ty 2� i�`'� 667 North Carroll CITY S C;o L Y1 ,v Southlake, Tx. 76092 Dear Mayor Fickes And Council Members: When I moved to Diamond Circle around 10 years they were putting the roads in the neighborhood with no re-bar reinforcing rods. The CITY OF SOUTHLAKE inspected and approved it. Since then Diamond, Emerald and Pearl have cracked and left many unleveled surfaces. It is beyond a patch here and patch there. . • My understanding is that some time in the near future sewer will be under construction in S Diamond Circle, This would be a good time to run Sewer down the middle of the street and re-surface the streets. Please for the resident of Diamond Circle Estate, come down and inspect our streets and consider allocating moneys from the neighborhood roads fund to accomplish this badly needed road work. Thank You Very Much Sincerely, L_,„...,.__ - _,_,_.... ..,„, Gary W. kerbow. 918 Emerald Blvd. Southlake, Tx. 76092 S (iLl/ zEt, . - i 7• March 15, 1996 IIIHonorable Mayor Gary Fickes City of Southlake City Hall 667 North Carroll Southlake, Texas 76092 Southlake City Counsel City of Southlake City Hall 667 North Carroll Southlake, Texas 76092 Dear Mayor and Counsel Members: I am writing to request that funds be allocated for the repair of streets in the Diamond Circle Subdivision. As you are no doubt aware, the streets in Diamond Circle are in terrible shape. The streets were apparently built without reinforcing rods and, as a result, major cracks have occurred on every section of Diamond, Emerald and Pearl Streets. Some sections of Emerald have actually lifted up, making this street dangerous to runners and roller bladers. 0 We appreciate the city's efforts to repair our streets over the years, but the repairs have created an unsightly patchwork of black lines. Visitors to our Subdivision have expressed dismay at the effect that this patchwork has on home values. I know of no other subdivision in Southlake with streets in such bad repair. Since sewer work is scheduled for the Subdivision this summer, this is an ideal time to resurface our streets. Please consider allocating funds for this project from your neighborhood street repair fund. Thank you for your assistance. Sincerely, Diane John on 823 Pearl 've Southlake, Texas 76092 0 0. 7 9 I: 3 1020 Diamond Blvd. Southlake, TX 76092 Nonorable Major Gary Fickes and Southlake City Council City Hall City of Southlake 667 North Carroll Southlake, TX 76092 Dear Major Fickes and Council Members : We were one of the first houses to be built in Diamond Circle Estates eleven years ago. From the beginning, we haveb'atcing our streets crumble because of the approved construction of streets without reinforcing rods. We have contacted the City regarding this issue on a number of occasions and they do come out annually to patch the cracks. Eleven years later, our streets are a mess and this is contributing do depreciation of our realestate. I jog through our neighborhood regularly and I have been stopped a number of times by people who were interested in buying a house in the development but thought there would be problems with foundations cracking and realestate agents not being truthful about the problem in Diamond Circle Estates. • W� pay our taxes and take pride in our community. With Sewer construction imminent, this is an ideal time to repair theseroads with concrete and eventual resuracing of the streets. . We would appreciate your attention to this matter. Sincerely, /A4,114 .1./i Verne and 6dy Rainey 4111 March 23, 1996 rn 5 C71 .1: • . ' • -:•Adt) Honorable Mayor Gary Fickes and Southlake City Council Southlake City Hall 667 North Carroll Southlake, TX 76092 Dear Mayor Fickes and Council Members: When the roadways for Diamond Circle Estates were constructed about 10 years ago, the city approved the construction of these streets without reinforcing bars. As a result, there is not a section of Diamond Boulevard, Emerald Drive or Pearl Drive that has not cracked and, in fact, some sections on Emerald have lifted up. Through the years, the city has faithfully sent crews to fill all the cracks with tar. Because there have been so many cracks in the concrete, the streets now look like a patchwork of black lines. • With sewer construction imminent, this is an ideal time to repair some of the worst sections with concrete, reseal all the cracks and finally, resurface the streets. Please consider allocating moneys from the neighborhood roads fund to accomplish this badly needed road work. Thank you in advance for your support on this item. Sincerely, `'r 4/4` William C. Snyder 1014 Diamond Blvd. Southlake, TX 76092 • Pierrette DeCinti 1038 Diamond Blvd. m 411, Southlake, TX 76092 Honorable Mayor Gary Sickes And Southlake City Council 667 N. Carroll Southlake, TX 76092 We live at Diamond Circle estates, and when the roads were built in our development, they were built without reinforcing rods and have become a total mess. With the sewers coming in, my husband and I would like to recommend that some money be set aside by the City Council to straighten out these badly constructed streets. We appreciate your help on this matter. Thank you, Pierrette DeCinti • LINDA DOWDY E't,- {�-y )Southlake. 1018B Diamond BI. 111 � 9 5 1Jyo TX 76092 USA CITY SECS;: I ,►-,Y • Phone 817-488-4889 Fax 817-488-5215 March 25, 1996 Honorable Mayor Gary Fickes Southlake City Council City Hall 667 N Carroll Southlake,TX 76092 Dear Mayor Fickes and Council Members: The roadways in our development of Diamond Circle Estates were constructed without reinforcing rods,apparently with the city's approval. This decision by the city has resulted in the condition which currently exists; all of our streets are cracked and in the worst places have lifted to the point of being unsafe. The city has mended the cracks in the past by sending crews to fill the concrete with tar. We are asking you to provide a long term solution to tar patched streets. Please allocate money from the neighborhood roads fund for resealing as well as a total resurface of Diamond • Boulevard,Emerald and Pearl Drive. I appreciate your attention to this request and look forward to a favorable response. If you have any questions, please call me at 817-488-4889. Sincerely, Lin•: Dowdy cc Diamond Circle Estates Homeowners Association • 6ot - -� • March 25, 1996 Honorable Mayor Gary Fickes and CITY 3ECRE Southlake City Council City Hall City or Southlake 667 North Carroll Southlake, TX 76092 Dear Mayor Fickes and Council Members: When the roadways for Diamond Circle Estates were constructed about 10 years ago,the city at that time approved the construction of these streets without reinforcing rods. As a result, there is not a section of Diamond Boulevard, Emerald, or Pearl Drive that is not cracked. Some sections on these streets have lifted up causing a safety hazard to walkers, skaters, and cyclists. With sewer construction imminent this is an ideal time to repair some of the worst sections with concrete, reseal all the cracks, and resurface the streets. Please consider allocating monies from the neighborhood roads fund to accomplish this badly needed road work. I appreciate your attention to this matter. • r , Chris Garrett 811 Pearl Drive Southlake, TX 76092 • • 25 is% ® CITY SECRE J 4, i yl �i Ji 1022 Diamond Blvd Southlake . TX 76092 March 21 , 1996 Honorable Mayor Gary Fickes Southlake City Council City Hall 667 North Carroll Southlake , TX 76092 Dear Mayor Fickes and Council Members : . We are among the early residents in Diamond Circle Estates , having moved into our home in May of 1986. From the very onset . all of the street started to deteriorate by .cracking and heaving . Some of the cracks are large enough to cause one to trip while walking in the streets . . It was obvious from the first that the street construction, which was approved by the City of Southlake , was severely Ssubstandard , and we appreciate the effort the city has made in attempting to fill the large cracks with tar . However , the streets now look like a severely distressed area , not well -maintained and have never been resurfaced . We would implore you to consider making major repairs and resurfacing in conjunction with the installation of the new sewer lines . This would certainly be in line with the current view of insuring that Southlake is , and will continue to be, one of the up-scale communities in this area . Please help us to maintain the safety and attractiveness of our neighborhood by considering the allocation of funding for this purpose from any proposed or available funding for neighborhood road projects . Thank you for your consideration of our concerns for Diamond, Emerald and Pearl in Diamond Circle Estates . Respectfully, , -C 2 ..e.A-/Zc et- RONALD M. GERKIN 411 6 a, -jiC • March 25, 1996 Honorable Gary Fickes and Southlake City Council City Hall City of Southlake 667 N. Carroll Southlake, TX 76092 Dear Mayor Fickes and Council Members: When we moved to Southlake eight years ago, Diamond Circle Estates was one of the few developments available in Southlake. The streets, even in poor shape then, were a distraction. However, in those bygone days of open fields, horse farms, and mandatory one acre lots we were drawn to Diamond Estates by more appealing factors. The septic leakage onto the streets, which we discovered that Spring,was not one of the factors! • Growth is inevitable, especially in a city as wonderful as Southlake. The sewers came to town, the lot sizes were reduced, and presto; suburban sprawl! Lovely new developments (not quite Estates) with sewers and straight, smooth, well 0 surfaced streets. All of a sudden, our streets in Diamond Estates looked even worse than before, when compared to new streets being used by new taxpayers. In fact, these new curbs and gutters didn't even turn black from septic leaks. The homeowners of Diamond Estates are excited about the Mayor's and Council's decision to allow us old, longtime taxpayers to finally correct a health problem that you inherited from prior administrations. How about considering new streets as well as sewers so we can remain proud to be Southlake residents. Thank you for your consideration. atiti "eje,zday, C.R. Luckinbill 1013 Diamond Blvd. --- jite-i71,6_2c/ cc.4-e& -*?) -,_41CkeL flAW5 . . _,..aid) 6C(idlizt• cZ61 (saLif&I cirt. .-::::•,:,..;- 72, _/ • ,, , _ . _Cc. _ c ---%c JiiLL . _.. 7-' /7/ aq 0..-d ,9?/ /994 , i 7) /arti ......i.,,,.., / ,., ---7--,6 - - /t. , ,(__}__ a7z /6„7/ •6-1,,,- ,„,ta-e.',67,-/. ko,„iod (, ,c ..„702 A /1064c/ 6vJ 4 _61te cctti, afr,,ttLie , cik. 61b2 412 CpS. lt.) . L-&./ ai . 62-- __ . .0tLido 1_ ou,c) .AA.5,ii.&zizeol cry.zid,. (Pc. 4)2c/cite'. 011,__, -7iarcL___7S c5ca.z5Vaz ' loci& 4A2 . h__ELL____±.(ic/ieu, o_&-),),43 /0 ‘e_. .. / -0/0.coc. (.:_41, 42ab,), ,- 47`^cv7z,c,.. 0.6-711.) (61,_Li.L e; 6.-r -I CZ 6- 710 ,f , • & . -__IC-'1,. lertz3 ACOC), L) a wade( ida 76 .;16-ts6. __. _ ___da. Cat_ii_eA:i /Z0 (othi 67,Q ernd.c _ emz.biaki.",/ L' adveki2(. aitct th--/c, a., gc,k,:c7c, tii,1065% i i acZ_ c.zCC Ok _,-4: :.•A-4./(i• (6/ 7.(a__) ‘c_ i 1 c(c72zi.., . • ___, 7 , ./ ,, 7:4,, :;-): ii), . 0 L ./II t:g -----(A-Z7( .'c_)( • J i :&--7:Lii• 6106 .2- d ,_il; ._...____..(_,L-sc-44 . (.41)-7- (_. ILI',1.. ' --- --(Cia) -- ___ . 6i..61t-A2 0 4, 47 ;, 1 . i 1 . 'I \ \ , \ \ I ' „, \ 1 1 , 'i . I 'it ; 1 1 ! , \ lII 11 1 l 1 1 1, 1 114 • .-s '.\1 • ,. , k • Q , \ •\ it 1 ' 16, N \ \ I 1 . , . , 6 ,.) 'c. % -- 'k \-• c-N 4 1 1 1 , .., gil ,,, • I 1 I ! 1 -,.' ' '' . ,,,.' ,. _ , -,•- ' ,1 -,, • , \ \ .4 • \ , II 1 \ k i 1 - - 1 • ..\ 1 - i 1 \ ' 1 1 - i . \ . W \\ \ 1 \ 1/ li . \ j3,11o, F oVh\cLV-L._ g.0 u nn .l J'\-k-N\c _ -��.._.i_l�cd o, . _ _ J-I,` . -- --- _c c "L e 0 . . tir\.0,-, +hz_. roac(uica3 . A.A.)*AJL. 4eJ-3-._) c?.0 +7:ArrY.Q.) cyp,p7ucio-eoLA-4\-cL.. L7r ) �.- u0,► ,d - o C.. C • _ (12_ 7,„„+:0, . taLa 4/10L-6 cra nGt- vim c-e erot_.0 S- iuULQ Ztgieck. L.(Atf . `Th-c-- 0.dt clk) g\Q, „gr-.-12-c.s\c/c& c) AAA) !� Gil off- T9 fikr ---,c b 094, - 97)9.7c.m.: ---w\u/-k) (D., -:'"a5O'c r'''T 10 1 2) ' c-,,0\,v-wY)-22.j (--)--,Ydr -r.ule, r-v-n2 3g) . , ut./s _ _ ____ ______ __ __-_-- - :. r1v-ilA.,w 76n1Z c- -e_i ")/Eivii510-cy- 70 (-- K3V.t/ -10 v (- * Th,)-v715birs- , -: ..zjyr - e---i) . ' TATIA0 r - - - - - - ' (74r\-9-fs3 . . . -- 0--):),,:0 --rsyqtriv-erc - Le(r- f7p9c-y) ---pro-- ry??0-)-31\v (-1-) k-vx,w- ;==,1:N_IF-r--Irruz- --cr-o-li - s-r_ent siii0--d .)abwro-cridgd-rw c,w-v° '-znr\&31N-Le:i.. -U.)7 )0-i-pi.,- -C)Drt ce(nrD , e-tynov ' " - • -cir-ei-vto ----w-ro ' ,--VD ITTh.,-- --/0-195trvy-67V "-TWO ‘ s-jp)75-yo Diy7 -0--1)13-5-rni -16Tni)u_yo c----11. 0-) cr) --yi/ - 1---,--)--0 . -0 rTh(ThrrAir6V - ( -brYrri-r CI+ (Y>--1- -F-71) -..0 -1!.y- --- 11,1 rir __p- \.k.e.f\)wy- -k_D Vr .)-0 r':,), nprarTY r)0 CO • mac,-vff- - e v0-9) cd-o ,, ,,-c)c- - .p_ro� --\, City of Southlake,Texas MEMORANDUM March 29, 1996 • TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 96-14, Site Plan/Primrose School REQUESTED ACTION: Site Plan for Primrose School, being 1.7892 acres situated in the G. W. Main Survey,Abstract No. 1098, Tract 2E LOCATION: East side of S.Kimball Ave.,approximately 300'south of the intersection of South Kimball Ave. and E. Southlake Blvd. (F.M. 1709) OWNER: Frank Cangelosi APPLICANT: Patrick Saucedo JJRRENT ZONING: "C-2" Local Retail Commercial District LAND USE CATEGORY: Mixed Use/75 Ldn Contour CORRIDOR DESIGNATION: Retail Commercial NO.NOTICES SENT: Five (5) RESPONSES: One (1)written response received within the 200' notification area: • George Allen (Southlake Kimball Venture Ltd), 11300 N. Central Expwy., Suite 407, Dallas, Texas 75243, in favor, "complies with the Land Use Plan and zoning". P &Z ACTION: February 22, 1996;Approved to Table (5-0)to the Planning and Zoning Commission Meeting on March 7, 1996,and continue the public hearing. March 7, 1996;Approved (5-0) subject to Plan Review Summary No. 2 dated March 1, 1996, amended as follows: 1) forgiving item#4 (provide vertical and horizontal articulation) 2) providing a 6 ft. stockade fence on the north property line adjacent to the play area and along the entire length of the east and south property lines • 3) designating the traffic circulation in the entry circle drive to be one- way. 7A-1 MEMORANDUM URTIS E. HAWK 96-14, SITE PLAN ARCH 29, 1996 PAGE 2 COUNCIL ACTION: March 15, 1996;Approved to Table(5-0)to the City Council Meeting on April 2, 1996, and continue the public hearing per the Applicant's request. STAFF COMMENTS: The Applicant has met all the review comments of the Plan Review Summary No. 2 dated March 1, 1996 with the exception of the items addressed in the Plan Review Summary No. 3 dated March 29, 1996. The Applicant has submitted a letter dated February 28, 1996, that addresses the issues of compliance with the articulation requirements set forth in the ordinance. KPG/ls G:\WPF\MEMO\96CASES\96-014SP.WPD • S 7A-2 CV4y d} {I ry{ L �+� r " 7[ F D ` h f #�'N';' 0 February 28, T996 fS ` a, 4-' c'yt}�t� s 5 { City of Southlake0. .�� + City Council&Planning&.Zoning Commission °"'' '°, . A1, 4.per, , 667 N. Carroll'Avenue ' ' �. VV ,,r ws�r �j>f• i,�7� r; � Southlake TX 76092 frIFs • eta hV. +,''p ,� S .67,' ` t • 1 1 •Re: Case No. ZA 96-14 • �z k '"` Primrose School of Southlake ' -' ' ' 155 S. Kimball Avenue . -, ,, f • . z Southlake,TX: .. 64 j Horizontal Articulation Requirements % y. , f+ ° , . ... MG Project No. 95150 ,-i,I c r-i r ye >4-,_ Dear Staffinembers: - -a-.- The above mentioned project is currently on the agenda for consideration of Site 1 a j,f Plan Approval for the Planning a Zoning Commission.on March 7,1996.' , - , `" u,,6..•' Drawings submitted for this case do not meet the Horizontal Articulation ; M, ). .t 1-VIA .� i , • Requirements along the North and East Building Elevations. The distance from �. f, - our curb cut(entry)to the intersection of Southlake Boulevard is 420',which 'W Y'• k,- subjects us to'Corridor Overlay Zone Regulations ;' - , Following are reasons we would appreciate your consideration of our Site Plan ' g " ` a ;- am ` approval: - r+' • There are presently plans to develop the tract of land between our site and h 0 .i• ' '" Southlake'Blvd.,which would indeed block views from Southlake Blvd. -, �, a toward our site. .- < r ' � Po{, ,- zs 4 , 'tif .? . • Exterior elevations of all sides of the buildinghave been submitted,which `2. "r`'' '• :fir`,= tp Sa `1; v• .•4 ''.iy A'.p'A '�s!`..a demonstrates a"residential character"in buildingimage. This adds to the '_' ,. ip't_ '," ,. "compatibility"with our two(2)residential zoned adjacent land owners. ... '%. >'`' " 4 0 '++. !may 5',. • ;_�,• ,% .; MAR 11996• OAIG , INC . ,� 1521 NORTH COOPER STREET SUITE 600 1., ----- ARLINGTON , TEXAS 76011 METRO 817 265 — 241 - 7A-3 • �• The classrooms which are positioned alongthis Northern elevation views directly out into the playground beside it. Creating additional"jogs"or "bump outs"in the building would also create"pockets"(which impairs visibility of the children when playing outside and could possibly pose a safety issue arising from the children falling onto or running into the"jogs or bump outs")and would block views toward the playground. • The Floor Plan proposed is the result of over 10 years of evolvement which meets and/or exceeds State daylighting requirements. The educational fixtures and furnishings are built and designed to meet the strictest safety standards in the childcare industry. Changing the floor plan would also require changes in some furnishings and fixtures. Primrose School Franchising Company is a leader in the Quality Child Care, and puts Safety as its#1 Priority. For these reasons,we seek approval on the submitted Site Plan with Amendment to the Horizontal'Articulation Requirement. Thank you for your time and consideration. If you have any questions,please do not hesitate to call me at 817-265-2415. • Sincerely, MG, )11)de4AV Patrick Saucedo Project Coordinator cc: Frank Cangelosi- Cangelosi Enterprises Paul Erwin-Primrose School Rich Neville-Primrose School 1 7A-4 , --- 1 I 1 I: &75 Ac `• Y. 8a /�'`-/'.. :n4.n�a g. ..`-^•-�'. 4- �...i.r ,• ,�1N 5020 502A -••. , SCIB_ BV 8D 1A `�'• '-i_ W ME r 2A4 8.75 Ac Or / _ -1 5C1C2geL. `d; -. •• i 80.1 Ac 'JI,1 SD f. 4. 5C1C 9A - ..38i - {{�'-{�•2- •i' 1 SC1�%' r 85 80 BWIA T gill r 1 5S © am A - .______12, isii Arm 1 3A JL ,.� 3 SCI � 81( 8T BWI A T L Rg E:ik,D. -........-. ", , „„ .i., • �j m la©mow t ApD , Y ' 1 1r I ! sA 1 �,Ni l 1.IF�II�I F L!./.1�p\N►Q - I ��y.I1.IyM�� Z84A :x, 7B1 Y®r,:� ,2812'.:12A 286 • r 1j/ 4C;10G�A1 r A-104tl �iQt�\ I : 5846 .: 111IIIrrr!!!TT�rt '. my �- Ff S7A LO' = ! ? :71- . '2___ 2� i5 1 —— =.� tRi 20 20 2N 25 2J 24 ii \.` } 281A 2C1 5 -5C1 5Q,S01..._.. .• 3A2 3A1, ti.. tRRII+IRL� ! • ,",y��:• fj \ 285 .9 a r), r 2C _ '•- ppWO -. ring' k:'••''111 al Q 2E 20 2R ZAI , - j . lunarol_ Ewa ma -1" _.-- MIim4*•1:r,Nomi,74 Cl-0-0_ .2A1 ._. Q VP / . i W Y e 2A1A —1 --- SB2 �� 2A2' tNptN — 1 ,��pp > //� L7 n- j _-'_ 582C a<c ..-" • 2A 1 5A r\•• jar Q@ Eike i 4 ® 16 1 ,A, I $i I fit s14R1£v -45e ill NORTHWEST PKWY EAST 20 2E3 2E14 2E13 2E 9 -C ll iiii, i • R EA, N •, / _.� �~__._ /LDi].Ii I if R�' N2 Et 3 es € :Itilf_il'gyp �''-- t 2A2 •-'eAsr sounauce BLVD. -- lift 11 1 . AM 1_ y iiiiii.�,�( _ TCI 2 162A 102 t8 i _� 1 i i i iiii i'J J1', i{y i 3 3E x 38 898- - 162B ;,�• -'R --' _ .�,. -- Is rc cJQI� - �.RRI^ 'Ar;�� j irl i i � m 2A 2A3 TA2A 2A{A 2A78 ` 381 _,��. iiiiv„, ui 2 L 3 Ac 1 I ,_ 2 3A i ! 2C s1 } 12.09 Ac G; 11,- 11A 118 0 •rf'i •1 ' i i i i i i i i i -Y .-- - 1 Ott . _._._ ..-yam_. . 1r /,r•k Jr) ,; i .__.__._._-._ 3A to - ti,t00‘1 •-- SLR1E". A-474 i 1 A �•., _ j - -•--'- 13.6 Ac ,.N 00`5.J -- •- N i i i i i '. i 1 l- rc , I b91 i 1 i 01 I 60 4A1 --T. -i• i .1 __ -. 1 4A4 r i I 1 m•� 1101 j ! L� i r 6N/ 6N1 i j 1 1 I tx 1NANLL tl'W I ®! 1104 i i i 1 r'1 1• 10 20 Ac i..4 - 11D5A7 HALE-) pp r1�� I �; i i 383 3 1 GRAPEVINE CITY LIMIT i �� IiIIQL�,L4` r— 0 1.I 3 Ac 6.15 Ac A-603 6A1 \ RAINBOW ST. I I INDJ57RiAL ELM) 1 r 2A 28 2E1 1 1 i --. ._ _ it �...' 2C tN5S • P•11' I 1) ,ppt: 682, i..-, 6C 60 6E 8"� ----.—'r t-.L1L- nTY>' 61 Ac U5-.R1pL 13.4 Ac 9v t M 10 Ac 10 ap' PARK N ; •" OD • i 1 I \ \ i i i I orb-) ram_ar\ran ran as‘ GE '•. RRA 21{ -2E Y - ,,� - --,A t6M —184KJ ,��-. TRACT MAP �- A 2A1 I�• • '161L- 1B/K- - -- I -"- 6.1 Ac 104P mum �,,u 04P; p '-1 1810 A--18447 IBt� 28 ' Iti '. 1BW 113N(_ 1812 ,,uJ LA' "_ Q iN�• � .I A �mi. loot .:' ...: �� 4.. 10/ 18/G IBSg IB e S I 1 'i + i8A 181H tB5 181 t86H IB1 �L,-✓ ��; ADJACENT OWNERS III AND ZONING 1 ./7d\ �� l l W l 33 P 333 7 0s m Spin #7 Representative j 3 3 A W . ` Peter Spotter D i jr 332 m m - - - - 13 1 � 1E2 . _ . - K0 k -Church of r H "C-3") 1 Christ Our King J Southlake-Kimball "C-3" Li j Venture, 3� J "C)- i < I P J 2A3/ 131 Q 2A m l 2A3 J. Ezell > 2 J. Miller H. Carr 3 Ac "SF-1A" "AG„cfi 2A • n _ "SF-1 A 2A,: 7A-6 _--_ }gip'=-r.�xTv racrlEKLIN --- 0.A 5e EN _r< - - - --" -- ----- . Mll1CH OR CM!{T T1ACT OIJTO$YARD6 CALCULATION CNART. PItCIROEt 60.4001.CO 60UTNLAJCt-61Ti DATA. _e_n\e,.le'.ET.m•eer •5x5 _• WA PIl06JC/f�!-PIIIJC _—_—_— —_ --_ R0a2 O LOT IA-LOBS-aT eu+�nw r r �T 'xauu�c rcaracuu earn Q�uwunclra uonr-TT•t Tlc•s tRe. LOT raa. TM*w PT. fr.AMMO --1-�,� C1+I.ST O.RZ�- T•MO .•A f • BEDIA SO.PT.. WO60 R. WT.OW •'.A 1 f . ar.•.'O%I .. a KIMBALL��AVENUE — a To„� rt D..DwKe ;..r,..�.TOR,. —-—__ _- _ _ _ - WT-W N.D x f i Y•.Is'rMgl[.TaRr,. —x.•'TO VpR IXreT•ff ores cur(CVVI:) T 1•I-B' —_ �19. -- py'•n' V# T. If xf TIM.W[6T Co..M•CVDa/IW QM.11[ �— _— I••r••-•0•OI•0D11l.11•A.A•M.•37,. ^f��, - iT . T A I I � _ MT-I 1,15 I A. UM 1R1 rT�•rATIW QOlW.C! ~ TAMER OP O.DI.1•Of (,- V '! '\.--1 - _______ ---_ -_-_- I __—-_- NTRIRIOR{.AND6C4PII CAL/' CFIART I �Mwa M.....a . 1 SPACES r'oe•euaa �i !►' fI OPA E6 leauaD N 00'00'00''E 163.13' _ ;^,�,�,..�.�.'-- -;•.-.•;r+..�--�- N '--_ urn.• AGO?? GRIMM 1 • SA*PAC. MCA.= 874T--- ti -: ... _ __` t03'49' - MOM Tar• rwn• eo a nwru ww A w warm : too w n.ea uaD o`•'' -1B-Arc'a•euair';Iim - ;S:t.l. E B3 1 :....x {�.._ _•_ '..m �;b1 AODDDP. .. T u .• Woer. . Dmw•o PT.Ra.l® ODD DP. I xL1•B q rr,nonD® FL-•= ' I -.�;^ - ,• y -_ - _ LAIpCM•ES PA1KW*WO.S SP.rot►AIIKW STALL; cs: I I I I Ct'E 1 6..00.E•m `Irk.-` ------ - .:5.f..Tax.r I Nome 1.519.0 +ry" J 30'FRO'�T TUIz„I B_�f1°YE7'MIJ':Jc. # •t1�. ` C .. •4(- _________________ l BID.O MYIL Ea Itaa A! f- - I FIJ LAIR fi -54et.- _AJ_ _ MTBaESAm.ALTO•MTM1S NC PROTECTION IMAM. 8?5 --p-' - I.Rc}_ r. `arrP` t , - ! AMorr�.�rwDsrMruDwfePecTrno�ArrneA�. T ; wrcx.,aY✓/ I •.� T aetNIL HQ LAVES MA L ESES CP#NI•..•/SR COY.TNOY®►u`1e10.."1"1e. a ; a •'r 102e >.R7 o!�.omuw OE rcnCv®m Tun I \ ;LLMI,50Il4Tn•a'a4L _IL___,f__7—.4--- 'T'''IIIBILCI •ID'i `\ I j OK r� T _ _ i1� DAM A anI.WXW@BD R PROVGID VOIR IPEM swf. _--` -I + filp• -�' ` __ ___i Y'E,L `\\ .I eoHuuc 9anlnena RAlTl.rve CM'aTAroAeos wAxl llE 878 :mos m.�D- -- ��cF jr.- O/1 V A O 17r! , ...bLL.c a I`� 1 . .7 �RD'a W L�Bd CITY DrelOADOD • •��" �L,i iia Tu C2 1 • at I `. ! 1 I ..1•Ea.INr.LL um WALL eESfORT3ED rI Arr..xloAIICE UN TA 877 ¢ �� y_rye y+ - a !�fl'.. \� i `-I: '<• i w n MD / tom L677--- - c),_ R(,, • I J \\cwsT/soa sue wT�•�xllnr,lm 1 T.eealrroorrufower.aa�l unl aaTu e.uLL oa naTnoen ` 1 -� J \ j�. x C11'- MWO M NALLOOA•MAMMAL aMCJ TO•RDIART.TRGIDCI, • 1 CT 4JE al If' x \ IL *MAW OartwBlT cN eumro.nlreTTOl1 DVM.nsix 878 -1--- ==_ & I i 1 c 1 8�6\1 „6761 TRACT 2 a-L Ua i� --� ` 11 I jj - I -� I 1 n1ORG0#IDOG91lLID®Q104,PD NOR ARE AO@'A. '_ILLERJAVICE 1- - \ �1� r- /T in. P£¢QI'.CENTRAL (i'fu.QuL�,TI�{a ITe.IbuM al M- I 11M b� '•f ECILLfV. AVE `••', . ~I\ 61Wi MOTNYTRT aO®i� \I e-�pD• ' - l 1300 N.CENTR1LEMT.NCI AS._f�-�/ ''''...',;;;I . �(� 4 �'�'M w�•"� Pp I ) ! l- DALLAJ.TEXA3 vxAJ 679------- I =ti�'ii✓ �' 'Q� ew eea310.45 TIC�Rmf�i i y x IiwaeP o4• x / x :1 t`y{ xlu•x.sno erAa�src T.A.I....o.-,.5 D.a.J.. I V.. 4. �i�PRMARr•TRICNG) 1 I I MA®rFw tnxafwl,l•' t y]TJ PBnGnarTAaa OP MI A a n.w...3.e 65 Tap.D1Og to •1 1`A_. Il.A _ ,, � �P.,Loa -- , •! .i0 AICA o aeR el.. R.Mr..ne.I,,,uv u Ay .Ae.I IT �, T;�xcx \! •lid lMel• °r _ .(,TL�R }..1 CA 'MAN ' /fleartAx wO•vl SPAea !aaww.v..wbw.rnma+l n. m 1 -`i •i11 }I NS 7T^ JJJ -, , AAA cP LA sme.roRAoe 'M.I no*no,wm......s. B.a nA • C o, Q, I, , AAA ® eT 1'Ra1f�Yi LP GRCIOE.TQIY� a WNn Ave A.A.byaul6 ws.9•l BA iii -,e,-, °°®_ �`� ►�f u y r 1 y ,, , , A.4' µ FN. :7iw - Q2 9 r 1 • •I ,a, �!( i/A--'i F�PB.arw eruTm.aro t6 ��`_ .` `- O7 C� I 1,I t } L_ , ri i Lt ) i H SameH¢0.w' I, /J - x :mot I • e' i,yAao. yy �v-f1 •...�m 1>1 a .D.�D1 ��• , ! K y_-_ rl -- �• I d I / i �� J Xr nx •`: i1PRIPTICI n[? ..', Til SITE o , 12 fi1,- ea { 'olL i L ir.i' / -. MAR i 1 1996 UWl ~ m 41�tNV , I f a 'r = i g 7.`_' j ?�riW'a"®�m•rn GYT 1 . • j r' 880' r' �„ / I...« / I I tQ ''� ' r ---i" 2/i- =r6 -)'`1 VICINITY MAP 1 `C i ...-.., ,^ •x••III,, ( 1 I I - •I ;` ,';r ,'`,` E;, 5 1 r= \Hi , , "Case No. ZA 96-14" n 1 SITE PLAN FOR THE CITY OF SOUTHLAKE L// �-- TARRANT COUNTY, TEXAS ---`- `r,, 15• • I x) ' 1.789 ACRES 77,936SO. F. 155 SOUTH'K MBALLCAVE.E e@ 879=- ?a ,.:,..:.,:,,- ::,gym / L ; IJ it:, r o' ao 80' :<(;;:;.#µ11'. 111? -.T,Iv�e;E.:7.A- .:y: ,A I :'xir•:,.�, \>�.� M:7>a PRIMROSE SCHOOL - SOUTFIIAKE. TEXAS — FALL AVENUE e5— (95TX-03) �' __ O eeeea :.= ''x=11-V1 5511E FOR CONCEPT RXI L� Ala.Q7�w. ' cn 9 00'.11'08'E p6 L.• 'A vL7 .Darn. MN 878 67'7 r r ' TT o.-a-w ALNSco'PM cry COLORS 1O n n:le+ 676 I 875 874 OI SITE PLAN a:-x1-vA AEvrsm rw vA use I PR»13*5 rRANCRasca/Gn+eR TRACT 2A-LAUD.• LOT L IILOd=L CA1 MIN TON TON CAa.A. r cv -!@®I:cuua E x IIR�L ZOP®'AO- 8L 38db�JLTJLTA-LLD.••�®H US!ZW14ID'OY Tr 5x-xv- A sm OTT OTT CO I0OS I scumvxL Tx Temx OM.ee-51e1 CO. CARR I Ne PER %M., PROMO=SCHOOL FRANCHISING 14 5.10•15ESTEAD,AVE - I fom u.TEXAS e».+w• COPYRIGHT I.s.Dram SMELT rrr.x_sxEvl DALLAS.TEXm TsxA� r 3,1-96 aLVSm,xn 1W WA4TK I995 SWIG fro rxux•S•-SxTo nA+ens u.e.eeo•o.3012e (am isos-9103 1x-:.-15 -!was.Tx Sll[fL\naraort nA•- I-- n...55':�.vA.a-._ !... g15O SDP -w.........+v cuou NIP.Mort 3.94n•S) -- PI (----.W.V.,CMI0I.01 S..af]—. I.AWAIT WsaPipM LMR--••, • 0 • w sa srP1�'r�aa,�O00u•..-a —-� �' lO4Tm".na' ""0 H"'r MOMS r.r caw.rm.cn.aorta•.o r,r qua mw i...•.¢ ill SOO D PANT arts Afo MO 1C0•0Pt TO • ill san atwwns TO r r"m uuaa.aa.xnnr )—. 17 N. 6ir.T-nwv sa."ro a io� : ax4.04'..m.`t)an '= iri i G.w sm.» I \ it PAWL sxutma �ai°n" —tcte:bus-m6t ONArr.6r. -w.G.a cart. 4 r MOW, CANE.art z — _ _ I ----_ -- III 1 III■ __� �U I;2 - : •`'-; --- - u -- __ ___ ----r-..L _— --=-== n! ■ -=_ -- uaiL'■--0 .__==-r I r __ ___.IJ - - 1 -_ '- IS I k: r =M=_==_= IS • I•Mn _='t' ■■■ ==-_ - _= ___ ■■ =__ - • _ ___ _ = .fix�V=4 _ . - _-__-•—==��[ . �■m __ :_'; 1 ; __ _� ■ 1= .; 4. o Z.a..Gmrt3.(GOrlotf memo cuff �' •-- ::- 14 b 6' 50' 8' 32' 16' 55 T_ 38' • — _ z • 25'i 1 25' 01 WEST ELEVATION (FRONT) : _ �j .am yr-.0 . NOTE ails TG CO hurt mesa flay oaq a. rt.Rm.a!q PARmmOt AT TrU9 pa GAL uu■G.OMoL La MM./TWIG PtRSTIlofi TO A 9lir0 AS m Y Wnm WOO.- Dnm.O+LrA"t.0 MOWN 1 MD,alt .Al! r(wnr ro.Ara ,KO,ROM v 't ry� •1=r FOUT3 TO METAL amu Wro v R t 0.173..41.0.1021.713.6 ram.- - t w,c Au war P6.fTMme f .: iR •-d 22'-4' . row°.rmOUTS.wort WOM AAm COOO an Accamem TO .. /''' '� N ., era boa 6Gnerouts m SE rvm uufuafm(nwu+-) tc,�' - '�'� '` _r .WAWA-_WAWA.. $+. _ _Su-'p .ak Y-se s12•.,.^IS.. Y..kS`i'TAC 3k..5C Y `M: —_ --'.:V._•.I W I•'I TO OC_I I tom.... 1 o u.1 0 .0. ® Q s.I w_ U C. 1- 1 1 aTF_.'' ..a'•- : TM n:�,..,_ ti^ W W W • ... ' 3 �±o �{ aA P-6`sy 1 "�"' - Q ..1 .; ..v.w- I w..� ,� �°I-i o 5' ro a fAxrtn IfAt a/c.L s %fx PGftm ¢ts.I � I .W �..N.0 c > s 1 X%Q W"i r'i.,rtiirt o"°a. r 1 s,•••, III :ji a,.µ_I __ .. 10•Ka I wrtw^�i .r11, n.+ems aroo+ ` �P�,>a ,z_ >u...I 1"'.`--,,.. �,.,? rez4x`."�IIIIIa-;i. . ,l- - . .4,. - -"" L �...'.�� "'��-5.'..-f",`.� . r_,..r.,.�-� .,......ti. AWA.. o._«.....,....�..,..-. ...,>.. `TmePm a s r ritotsra. • - :6, 40' I 50' 6' J i 55' I 14' 1 55' -era ,rd r-v r-e t �.,,.+a,..r:-.:r.10.14,0,- scW.,c..:,.--�. 17' __,..-^ ---:-",A _,.+,s._ -= t„z: -x:. s '...�_le E c 6'L771 _' 6' ss 02 NORTH ELEVATION (SIDE) �� 04 EAST ELEVATION (REAR) rutK.r _,� ,.— "Case No. ZA 9 6-14G/ �t-:A SITE PLAN FOR THE CITY OF SOUTH LAKE '" � �"" "°"'"`"0°P PpC1M1q'°'°` TARRANT COUNTY, TEXAS ABSTRACT NO. 1098 TRACT 2E l x .. ..' 1.789 ACRES (77,936 SQ. FT.) 155 SOUTH KIMBALL AVE. a ❑ � Tx ___ --I ' r""I W r � �� lop II.:.:.W I. .~ 1 111G: r 1'■• •.I :..i PRIMROSE SCHOOL - SOUTHIAKE, TEXAS - KOLBALL AVENUE T L❑!! II _ .•+.-n eM 7 - } .. c3 ,- _ r .T. I.•.1 WAWA - _ •A 11-tt-n 65UC N1 GONCVf%MI I I� 'AIC. _ ..�:<.±:`°o°s , I 27' / 17' 1 16' I 17' 42' J h I I�._.. _ •r o.-o°-w�.naco om an con.m.,s a,o)ao-uu m•, T U ffJJ c of-a.=:r 6LMSLf1 Pv Pm,wu I WOOD.am.vfGa �. - • t zs..SCHOOL. ao.ns iWPrwr.t. 6ff°a VIM.66-Ot61 00 50' _. ._ — — .�50' .fati PRIMROSE scxoo�cMOT t rnAxctusatc co. COPYRIGHT 40' 4O' • 1995 u.rt � woo 03 SOUTH ELEVATION (SIDE) 6' 6' • 'Lm":"°'°`"'� I A-1 • .— w.as,.x.:e..cur-.. .•. mso 1 City of Southlake,Texas . :— MEMORANDUM • tow` - March 29, 1996 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 96-20, Site Plan/Village Center,Phase II (West) REQUESTED ACTION: Site Plan for Village Center, Phase II (West), Lots 3 and 4, Block 2, being approximately 16.672 acres situated in the T. Mahan Survey, Abstract No. 1049, and being legally described as a portion of Tract 6, and being Lots 3 and 4, Block 2 of the previously approved Revised Preliminary Plat LOCATION: Approximately 200' south of E. Northwest Parkway (S.H. 114), approximately 300' north of E. Southlake Blvd. (F.M. 1709), and approximately 2,000'west of Kimball Ave. 'WNER: James Farrar, et al APPLICANT: Winkelmann& Associates CURRENT ZONING: "C-3" General Commercial District LAND USE CATEGORY: Mixed Use/65 Ldn.Contour in the Airport Overlay Zone CORRIDOR DESIGNATION: Village Center NO.NOTICES SENT: Four(4) RESPONSES: No written responses received. P &Z ACTION: March 21, 1996; Approved(5-0) subject to Plan Review Summary No. 1 dated March 15, 1996, amended as follows: 1) agreeing that the west wall will be tilt wall covered with textured paint 2) accepting the articulation as presented, providing additional trees to the south of the anchor tenant 3) stipulating that the anchor tenant may be smaller than presented on the plan but have the same design 4) forgiving item#9C (100' driveway throat depth requirement) for the north driveway into Lot 3 intersecting Village Center Drive 5) forgiving item #8B (If the loading area at the rear of the building 7B-1 MEMORANDUM JRTIS E. HAWK LL96-20, SITE PLAN MARCH 29, 1996 PAGE 2 located on Lot 3 is intended to have a dock,the required canopy trees along the west and south lines must be doubled.) 6) adding the doubling of canopy trees as presented on the plan. STAFF COMMENTS: The Applicant has met all the review comments of the Plan Review Summary No. 1 dated March 15, 1996 with the exception of the items addressed in the Plan Review Summary No. 2 dated March 29, 1996. Please note that the Applicant has made application for a variance for the two ornamental towers which exceed the maximum allowable height of the "C-3" General Commercial District. KPG/ls G:\W PF\MEMO\96CASES\96-020SP.WPD L 7B-2 • rQCLC" C.,,C 0 V O .v P February 27, 3 996tor - ARCHITECTURE ENGINEERING Ms. Karen Candy,Zoning Administrator PLANNING City of Southlake 667 North Carroll Avenue Southiake,Texas 76092 SENT VIA FACSIMILE (817)488-5097 / (Original to follow via Federal Express) RE: The Home Depot - Southiake,TX GFA Project No.95658 APPROVAL FOR USE OF ORNAMENTAL TOWER Dear Ms.Gandy: On behalf of Home Depot USA, Inc., i respectfully request approval for use, of-Section 33, Supplementary District Regulations,33.5 EXCEPTIONS T9 I-tEIGHT EEGUL611ONS.subparagraph a. As indicated on the enclosed drawing, Home Depot would like to construct two ornamental tower elements as an aid to meeting the articulation requirements imposed by the City of Southlake. The major entrance tower is 48'4"A.F.F.and the minor exit tower is 43'-0"A.F.F. The towers are strictly ornamental and will not be used for any type of storage or mercanine as described in the 1994 U.B.C.Section 507_ The$200 fee is enclosed. Please let me know that we are on your March 28, 1996 ZBA agenda. (+" If you have any questions, please do not hesitate to calf. Very truly yours, GREENBERG FARROW ARCHITECTURE • Emilou Barnes,ALA Associate Enclosures: Drawing Check xc: Steve Lam Bob Evans Don Silverman Sherwood Blount N, }" .' Mike Clark Jim Schmitt `� €" R 2 7 LJ LccnTb "077 PEACHTREE, ROAD. NE - ATLANTA, GEORGIA 30319 - TEL 4O4.7;37.52,37 • FAX AO9.233.089n 7B-3 • 'r46,E5 C~'C,CO vo 4 • Lrch 20, 1996 � A ARCHITECTURE ENGINEERING Mr. Greg Last PLANNING City of Southlake 667 N. Carroll Avenue MPR t Southlake, Texas 76092C� RE: The Home Depot Case No.: ZA 96-20 Proposed Use of Building Materials As previously approved by the Southlake City Council during the review of the Kroger Development, Home Depot plans to use tilt wall construction as its major construction method. Additionally, also as previously approved by the City Council, Home Depot will use the E.I.F.S. system (Dryvit) on the East (front), South (adjacent to retail), North wall of building from top of building to 21'-0" A.F.F. (to the reveal detail), and the East and North sides of the Garden Center. Home Depot requests approval to use a textured surface spray-on coating on the North (side)wall of the Home Depot building below 21'-0",West(rear)wall of the Garden Center, the truck loading area the West(rear) wall of the building. By using the system in the above manner, all visible elements of the building except the rear elevation and truck loading area would be Dryvit. These areas are highly'screened with a wall near the truck well and dense landscaping -existing and proposed. Your consideration of the above request will be greatly appreciated. Thank you for your consideration. Sincerely yours, GREENBERG FARROW ARCHITECTURE Emilou Barnes, AIA Associate xc: Steve lam Bob Evans Jim Schmitt Don Silverman • 7B-4 3927 PEACHTREE ROAD, NE • ATLANTA, GEORGIA 30319 • TEL 404.237.5297 • FAX 404 . 233 .0898 1A1H2 [u [n m YI I '-� +�L I i r GR_._._. a.{Ac 2c2* f n ,.t I I „ \�\ ! \'v'Lt ';—'� 1A102 1A1H2A c ff111 •� . . TACK D. 5t4 r/ 9.47 Ac S Ae L. i 2F3 L2F4A411 ,,,-.i- _ 1 JOHNSON i,. 3AID1 2E, i l_- LVCARn) ELEMENTARY ! JAIH 3AIH1 y_._.. 6.7 Ac . •/� - \11, I . JAIA = 3AIJ2 3AIJI ~��0_.. 2A2 rffl:t. !1 \ i' 4. • •. it , JAW{ 8.11 Ac -n"._ _— *�g J ' •,y� - 18.94 Ac -z� V�Y -_ "! i I I 1 � i' r` •Yr` - F-- '- 3AfJ 3AIJ3- 2. I ' cum...a.•r, . ``.2' �'i i JA/JIA 3A1JiQ-'-•-" - • 2A1 A A UST HIGHLAND STREET , 58 . '-�.l,-i•J!-{'i • l 4Y�'i rIDI IF 1Fi-- -__ �. '- �_ 1E I -_ IB 1 1C 1A ffi '�. 7F ?C Jr IC CAfLROLL --IE3 , 4 2E 1 -i ' I 1 1 I I f • -f tt rrpTrcn t y� ?El ul+.+H++�a.,L" > «� l2• W L sAI ' SE xl rBB IDu_ `'• . 2J 2C 502 _f1.:.. • 1�i ID2 11c 1DZA U�;\ ----,iAN ' &75 Ac 502A /-,` 5?0 xiN Ito 1. IC 5D2B 50ffi- /' 1J • ?`, — `�. � �{ N &75 A saz 503 / `,i� �y xlcz PP i• ji I- - 1- • 4 _ y jjl.281 2 I '-4� SD __r rSC1&%.l 44. SC1C3 ILI P i•- 1&1A1 _ %•_�., IA I :1 I 50 SS © .. �J f�I6bG�G�® C&®S JA ti -. i E SLINKY A-4M , I FA; , iiiiiiiii• - rF V. JB<i 501 1 !1' u �� T IA y�� t�1 i' a SA4 sDtxi _c c' N•l) I 1- F -F_(. A N 1% do r. 4�1®G�AS--PA �;AN 58481 ffiI . �,A :� 1/ r !' 1 SLIMY A-104 z U A I- • 4J ?A 2 5 `I % t{�PS 2B3 289 285 2810 2 4 /�C '5A4A '�f c J 28`\ 2C1 `� >:'�.`` 3A2 3AI SB4Cf x 2L zH 2F 2J 2P; f /\ CTI'Y xi i'• _- '0 \ ffi5 `��yq .nuns 2E 20 2R 2A1 '2B1 ;(A _ 2� 2AI 2A '1 -.,B _ ._ i __ 694E � f Rt` _—y ; --!.- ___ see .,11�; CC 2u Y- ! 581 183 10 1B2 1 ]A, li + - • • y t S• . at♦ xis ._____j 0 NORTHWEST PKWX EAST: 1 2A1 - ; J` tR SON E `_.1 Fi i ; __" pp11 1B3 = it ;__L. 3D�/(F.M 1709) 2A2 ,p J . S��'5. 3 m_- -„f 1 ~' '� _..aJ A .C�EAST LAxE BLw. � wm i. 1 •• -+}(1 u4111i • 7A I ; ZC 2 ffi 1B7A 182 10 1E2 i._ Ciii I �-•- - 18213 1`-' 2C - i • GAR ! t,11RJ ._ I _' ' IS Ac Gnv°IJ � Q `.t 20 RR'i'�i 1�.. A EMI ' i 30.6 Ac S.-�� IYIS" OO J" I6,�• ffi :pR�"i- 2A3AS �iri, sou i/FF-- r m 2,4 •`4 6rAtAi 2A2A I At pp�l• -' SAc 2 2AlA 2A1B A 2A `• ! i i .� �` i i i l i i 1 1 1 I I l i i i i -''i i �� tC 11 . y'*3A 2Al2 3* li 1 �>;'1S •` i i.�l•n,i , I 1 1 S I 1 1 \- 1►• . / 12.09 Ac C•� I 11A2C ItB 1 \ ltk i �!- 1 .�'-f-f-4-•Ir-•r-r--}- V -- k.� 11E J _- -_ ,�� ' 1 A-4— ---- Imo(�i �p��X4` a,,! 1 • • • ! I I ! I \ --1—•—'� M 1 Ow Y, ON W *hi mni -._ 3A ,A t1 - .. 136w< 05 s SA.. ) ,F ---- L 5 /I I I i i i . i i i 1� 1 1..._ -- �'A• 2 tAT ---1-• '7 1 -- iE5 L� i ' i ®1 m• tID, ' ! 1 _ - IA3 - i - _ -__15DSA4 __ 1104 __- -1 i.' bQ TRACT MAP 3k 615Ac 1 GRAPEVINE 4A �� - �� 2B [LI I E.II '�' =1 us: sn : i � 7B-5 1 6•.,.I4•: , 4„ , 44/ 40417. . 0 \ i At i opoi, . . , zoNINGERs \N,„„,_ • ,, \ - , , , , . ,: "c_3“ . C. Peterka Spin #4 Representative . r Scott Martin C. Peterka „C_3" / ock Pipelineit 1!c.31! J. Farrar "C-3 1110111111111k \-1) \ 111, - . J. Farrar 0 AST SOU_ E ,.C_3 - State ROM. - I o \-- — ZO 78-6 • i — 1i�I rinyo in imago ^ l i � tl. R TAI • N.t 0 H • M II P • T . Ala, �3.-1 II�1IIII�II1Immnm�,,- �� s'�• fro:- •_ ___p • ❑ L-L._ ._ II _-_ ram... ,...u.d • • aP:R. • .ama ® 0 0 0 nu1l0mupr a Men? 0 f..a•o.M_ L N.o...... L� I I(1TT�r Ly _� A� ' �•I.I - • Ott' • A 7 cra""o.`• .r I w. 1. III Ii i : �' =n=mnnn n . ... _ -.0 �. r., :, v.S,PSo.�R:Y '19'l K :a �,. �' ». I. ,. ,uw1R'ailGr • .t 0 EAST ELEVATION 0 "• », vl:.lL� o ... .m. v ...o..4.v... .•a... C17 _ . 'LT o WEST ELEVATION 0 .—. ........ ,_______ » .. rr�gx »..,.o a Lr?kf.m 'Ir r,o.a•.oA1.o•1.•.a al .. ..I•, - •, L.a •..w• / s; _ Cr �,. ..., !!L , / u.nwu _I rw—/�sJ rit L MingeM • SOUTH ELEVATION ra. o NORTH ELEVATION 0.0.0000000.00114 1117 ?TAROT III ROAD N. 1. • ATLANTA . 610116IA 10114 • TEL 00 4 •113•1117 • FAX 401 •I13 •0111 _� HOME DEPOT U.S.A.INC. 5658 ,,�,_�1� MARCH11i,,99s CASE NO. �• rREVBED mma,2z.1996 S O U T H L A K E, TEXAS REC'D MAR 2 51996 ZA96-20 .../ dos‘alun ' AV... YwA Y tip_ .rr , t ,°, ,rii ri , i C'rI, ARCHON MA ANT - i r , , riit i r L' • IIJIIIIIlgtOM 7 "'`N114U MIIIIIll ° . 1 t 3iilwi .; . 1.... YI'..._ .1 r? YY M .K ry. ,H' ., it, III, rt r+• �t INV. II 11 ii �J'`T�1 I`r Tom- Y1 1T� • 01 - EAST' ELEVATION ANCHOR TENANT ®[Y �.� 1 - 4- fl a a o • I a o I1 a o o i i I , i I , I i , , 1 f t --- ° virbraI9ti +Ct-r✓2.400' YAiR3CRCN CCAAIStS7 ° t k II I II `1 A 02 SOUTH ELEVATION ANCHOR TENANT N r trill ,121 ......Y NT TI ♦ IPI 1T AT II ,V I 1J L (L�1 ; li I MAR 2 71�96 1'\,1 x , 03 WEST ELEVATION ANCHOR TENANT VILLAGE C R GOOD FULTON& FARRELL ARCHITECTS .amama,mw 5110E RE®LA D GROUP P _�" ' Nw Al • " 0 ill City of Southlake,Texas MEMORANDUM March 28, 1996 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Ordinance 658, Second Reading, for the Abandonment of a Portion of Miron Drive Right-of-Way in Miron Subdivision The Miron Subdivision is located just west of Woodland Heights and on the south side of Southlake Blvd. (F.M. 1709). When the subdivision was built, approximately one third of the platted street, Miron Drive, was constructed. The remaining two-thirds of the street has not been constructed, used, nor accepted as a public street and "constitute a public charge without a corresponding public benefit." The Ordinance (Section 2) does retain "a temporary access easement within said right-of-way, providing access for the benefit of the City of Southlake to adjacent property to be utilized by the City for an elevated water storage tank. This temporary access easement shall remain in full force Sand effect until a permanent access easement is dedicated and/or granted to the City across property in the Miron Addition, either by replatting of the Miron Addition or by separate instrument." Council is requested to declare this street right-of-way (ROW) as excess ROW and abandon the southern two-thirds of Miron Drive. The attached ordinance declares that the ROW of Miron • Drive, "except that portion of the right-of-way which contains an existing paved roadway (see attached map) constitutes a public charge without a corresponding benefit, and the public would be better served and benefitted by its vacation and abandonment." The ordinance also authorizes the mayor to execute one or more quitclaim deeds on behalf of the city. Please place on the April 6, 1996 agenda for second reading. Siti BW Attachments: Ordinance 658 Map 0 wpdocs\wthead.mem\agenda\myrondr.wpd 7 C-1 , _ : ORDINANCE NO. 658 III ONING CERTAIN PORTIONS AN ORDINANCE VACATING AND ABAND OF MIRON DRIVE IN THE CITY OF SOUTHLAKE,TEXAS,DECLARING THAT SUCH PROPERTY IS UNNECESSARY FOR USE BY THE PUBLIC; RESERVING A TEMPORARY ACCESS EASEMENT FOR USE BY THE CITY; AUTHORIZING THE MAYOR TO EXECUTE QUIT CLAIM DEEDS RELEASING PUBLIC OWNERSHIP INTEREST AND CONTROL OF THIS RIGHT-OF-WAY; PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the city council of the City of Southlake, after careful study and consideration, has determined that certain portions of Miron Drive in the City of Southlake, are not being used by, nor useful or convenient to the public in general; therefore, they • constitute a public charge without a corresponding public benefit, and the public would be better served and benefitted by their vacation and abandonment; and WHEREAS, in order to remove any question as to the continued interest or ownership of the public in said right-of-way, the city desires to execute a quitclaim deed releasing all title, ownership and control in said right-of-way to the owner or owners of the abutting property, save and except a temporary access easement providing access to certain property located adjacent to Miron Drive. ' NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: III f:\files\slake\ordinanc\mirondr.vac(03-14-96) } Page 1 7 C-2 SECTION 1. 111 The following right-of-way is hereby vacated and abandoned as public property: all of Miron Drive located in the Miron Addition to the City of Southlake, save and except that portion of the right-of-way which contains an existing paved roadway, as more specifically described in Exhibit A and shown on Exhibit B attached hereto and incorporated herein for all purposes. The right-of-way is not being used by, nor useful or convenient to the public in general. It constitutes a public charge without a corresponding benefit, and the public would be better served and benefitted by its vacation and abandonment. The right-of-way so vacated and abandoned shall revert in fee simple to the owners of the abutting properties. SECTION 2. Notwithstanding anything contained in this ordinance to the contrary, the vacation of 0 , the portions of Miron Drive described herein is conditioned upon and subject to the reservation of a temporary access easement within said right-of-way,providing access for the benefit of the City of Southlake to adjacent property to be utilized by the city for an elevated water storage tank. This temporary access easement shall remain in full force and effect until a permanent access easement is dedicated and/or granted to the city across adjacent property in the Miron Addition, either by replatting of the Miron Addition or by separate instrument. SECTION 3. The Mayor of the City of Southlake, Texas, is hereby authorized and empowered to execute one or more quitclaim deeds releasing all claims to title, ownership, or control of • 1:\files\stake\ordinanc\mirondr.vac(03-14-96) Page 2 7 C-3 1 the right-of-way, on behalf of the City of Southlake, Texas, save and except a temporary IIIaccess easement as herein described. SECTION 4. A copy of said quitclaim deeds shall be presented for filing with the County Clerk of Tarrant County, Texas by the office of the city secretary. SECTION 5. It is hereby declared to be the intention of the city council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any 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 phrases, clauses, sentences, paragraphs and sections of this ii• ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6. This Ordinance shall be in full force and effect from and after its passage, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 1996. MAYOR ATTEST: • CITY SECRETARY f:\files\slake\ordinanc\mirondr.vac(03-14-96) Page 3 1 7 C-4 PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 41) , 1996. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney i • E\files\slake\ordinanc\mirondr.vac(03-14-96) Page 4 Iz 7 C-5 Exhibit "A" PROPOSED STREET ABANDONMENT S Being a 1 . 144 acre tract of land in the John A. Freeman Survey, Abstract No. 529 situated in the City of Southlake and being a portion of Miron Drive as shown on the Final Plat of Miron Addition, an addition to the City of Southlake as recorded in Cabinet A, Slide 1252 of the Plat Records of Tarrant County, Texas and being more particularly described as follows : Beginning in the east right-of-way of Miron Drive (56 ' R.O.W. ) at a 1/2" iron pin found at the most northerly northwest corner of Lot 3,. Block 1 of said Miron Addition; THENCE S 00° 02 ' 39" E along the east line of Miron Drive 181 .86 feet to the Point of Curvature whose radius point bears S 47° 10 ' 13" W, having a central angle of 176° 01 ' 57" , a radius of 75 .30 ' , and a chord bearing of S 45° 11' 12" W; THENCE along said curve in a southerly and southwesterly direction 231.35 feet; THENCE N 89° 34 ' 56" W along the south line of Miron Drive and the north line of Lot 3, Block 1 of said Miron Addition 341 . 04 feet to the Point of Curvature of a circular curve whose radius point bears N 82° 34 ' 56" W, having a central angle of 262° 32 ' 35" , a radius of 50 . 00 feet and a chord bearing of N 41° 25 ' 00" W; THENCE along said curve in a southerly then a northerly direction 229 . 11 feet to the Point of Tangency; 1110 THENCE S 89° 34 ' 56" E along the north line of Miron Drive and the south line of Lot 4, Block 1 of said Miron Addition 391.17 feet to the Point of Curvature of a circular curve whose radius point bears N 00° 25 ' 04" E, having a central angle of 90° 27 ' 43" , a radius of 50 . 00 feet, and a chord bearing of N 45° 11 ' 13" E; THENCE along said curve in a northerly direction 78 . 94 feet to the Point of Tangency; THENCE N 00° 02 ' 39" W along the west line of Miron Drive 181.86 feet; THENCE N 89° 57 ' 21" E, 56. 00 feet to the Point of Beginning and containing 49, 811 square feet or 1 . 144 acres of land. S 7 C-6 Exhibit "B" S . f \ ...r I______ / LETS w soma-mai, O 1------ -----] t 411 LOT r_ _ _ ___] N 89• 57' 21' E P. D.B. 56.00' M• M° I LOIN • CO io Am/ N • I fe ' CD ,ar CO i I cw/w[f A .E JT/tfu Rolm $ o III i Z in - 50.00° S 89. 34' 56' E 391 . 17'1 78.94' ---)1 1 J �—^ I'/.MO Ae/I1—Pies AS17.ldIIMIA707l 1 f/ i N 89. 34' 56' W 341.04' _ R - 75.30' _ . L - 231.35' R - 50.00' L - 229. 11 ' / cou/ ' A{l rl Pt= ________ _____ 1111 NOTE: I. BEARINGS SHOWN ARE BASED ON RECORDED FINAL PLAT. ARE P�ERIFFIINA PLAT�INFOHOW ON ORMATATION STREET IDDED BY� SURVEYING. SINCE ERRORS EXIST ON FINAL PLAT. 7 C-7 I QUITCLAIM DEED S STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § For and in consideration of the sum of Ten Dollars and for other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, the City of Southlake (Grantor), does hereby bargain, sell, release, vacate, abandon and forever quit claim unto: and any and all of their heirs, legal representatives or assigns, all of Grantor's right, title, and interest in and to the property described on Exhibit "A" and shown on Exhibit "B," attached hereto and incorporated herein for all purposes. TO HAVE AND TO HOLD all of Grantor's right, title, and interest in and to the above 0 described property unto the said Grantee, its heirs and assigns forever, so that neither Grantor nor its heirs,legal representatives or assign shall have,claim or demand any right or title to the aforesaid property premises or appurtenances or any part thereof. EXECUTED this the day of , 1995. CITY OF SOUTHLAKE By: Gary Fickes, Mayor 0 1 7 C-8 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on the_ day of , 1996, by Notary Public in and for the State of Texas My commission expires: Type or Print Notary's Name Grantee Address: Return to: City Secretary • City of Southlake 667 N. Carroll Ave. Southlake, Texas 76092 forms\quitclaim.frm • 2 7 C-9 Exhibit "A" PROPOSED STREET ABANDONMENT Being a 1 . 144 acre tract of land in the John A. Freeman Survey,S Abstract No. 529 situated in the City of Southlake and being a portion of Miron Drive as shown on the Final Plat of Miron Addition, an addition to the City of Southlake as recorded in Cabinet A, Slide 1252 of the Plat Records of Tarrant County, Texas and being more particularly described as follows : Beginning in the east right-of-way of Miron Drive (56 ' R.O.W. ) at a 1/2" iron pin found at the most northerly northwest corner of Lot 3, Block 1 of said Miron Addition; THENCE S 00° 02 ' 39" E along the east line of Miron Drive 181. 86 feet to the Point of Curvature whose radius point bears S 47° 10 ' 13" W, having a central angle of 176° 01 ' 57" , a radius of 75 .30 ' , and a chord bearing of S 45° 11 ' 12" W; THENCE along said curve in a southerly and southwesterly direction 231. 35 feet; THENCE N 89° 34 ' 56" W along the south line of Miron Drive and the north line of Lot 3, Block 1 of said Miron Addition 341 . 04 feet to the Point of Curvature of a circular curve whose radius point bears N 82° 34 ' 56" W, having a central angle of 262° 32 ' 35" , a radius of 50 . 00 feet and a chord bearing of N 41° 25 ' 00" W; S THENCE along said curve in a southerly then a northerly direction 229. 11 feet to the Point of Tangency; THENCE S 89° 34 ' 56" E along the north line of Miron Drive and the south line of Lot 4, Block 1 of said Miron Addition 391 .17 feet to the Point of Curvature of a circular curve whose radius point bears • N 00° 25 ' 04" E, having a central angle of 90° 27 ' 43" , a radius of 50 . 00 feet, and a chord bearing of N 45° 11 ' 13" E; THENCE along said curve in a northerly direction 78 . 94 feet to the Point of Tangency; THENCE N 00° 02 ' 39" W along the west line of Miron Drive 181.86 feet; THENCE N 89° 57 ' 21" E, 56 . 00 feet to the Point of Beginning and containing 49, 811 square feet or 1 . 144 acres of land. 1111 7 C-10 Exhibit "B" ID tiro ____/ LIT 1 SCALE:r-100' tp kS 1_____ _ ___j LS ... N 89. 57' 21' E P. O.B. 56.00' 3 W M. M� (Sr I m ap KOOK! N . I ' O� Qto I I , _ "!•�"Starlit rem $ c CAK/AET A. T R - 50.00' L - 78'94. S 89. 34' 56' E 391 . 17' -' —� I I I NIAVAr Arm -Rewszo Sit rNAZO7 --\N,..\_ .... i N 89. 34. 56' W 341 .04' - R - 75.30' L - 231 .35' R - 50.00' L - 229. 11 ' a !Aber l r13" .earn S NOTE; I. BEARINGS SHOWN ARE BASED ON RECORDED FINAL PLAT. 2. BEARINGS AND DISTANCES SHOWN OM STREET ALIGNMENT ARE PER FINAL. PLAT AND INFORMATION PROVIDED BY WARD SURVEYING. SINCE ERRORS EXIST ON FINAL PLAT. 7 C—x 1 LINE TABLE UUNVL UAIA _,LINE . BEARING DISTANCE CURVE DELTA RADIUS ARC TANGENT CHORD CHORD'BEARING L1 S 00'07'42" W 95:00 C1- 23'52'18" 189.23' 78.84 40.00 78.27 S 12'03'51" W L2 S 24 00'00" W 18.51 C2• 28'00'00" 160.43 78.40 • 40.00. 77.62 S 10'00.00" W L3 S 24Q0'00" W 18.51 .C3 3'57'21" 272 18.78 9.39 18.78 S 02'01'20" E .4 •L4 S 24'00'00" W 18.51 C4 3'57'21" 300 - 20.71 10.36 20.71 S 02.01.'20" E L5 S 89'49'20 E ' 145.00 C5 3'57'21" 328 22.65' 11.33. 22.64 . : S 02'01'20" E 04'0000" E 93.20 C6 89'32'17" '50 78.14 49.60 70.43 S 45'11'13" W 00'0811" W 22.00 L 89'34'56" E 29.08 • • • • TR2A �6Pg9-c,, CAROL JEAN WILLIAMS I$ • ( Q • VOL. 8516, PG. 595 Io • � TR2A1 }1 :_ O�\J91-•' SHAMROCK PIPELINE CORP: '.Q<'. . VOL. 6812, PG. 2108 . • --- ,'. : ,0� :' • - • • Iz. . . I . N Q. • : WIC. EAST SOUTHLAKE BLVD. (F.M. 1709) • •. • a.2-• ' ;.` •_ . ' - .. J.A. FREEMAN SURVEY; A-529• .: ^:: ,• 1/2' LP.F. ,o r 1.5 S 89'52'18" E 450'.64'' , 14.5,Q0__1:� ,__tas._1s.o' • MO -•-_ ��a u.Er23 '7 w u;c-1• •.""qsa EXIST. 15' U.E. I•• I .1/2" I.P.F. •$ J ' $ ,•T• _ 1�0®.�. 50' BUILDING II E' EXISTING. 00 50:•p.�w' f.'.'1'-I-5' STRUCTUR 0 '1R 'EXISTING!I . o.s ac STRUCTURE` 1: ` • I •I'6• LOT 5 n•. CV EXisTING'...'.7. • `t - r�1 8 1.03 AC r C° U'. u) 89•AVCMEN• .F C 3 �� o . LOT 6 g I�Fv, .3 'N' •.' 69.08.%:.,".g ze' A_ rn 1.00 AC. 61L . n v `.-0 - EXISTING` I r=l 1 W S.89.52'29" E. .° ' ":/ •sTRUCTUREghs� :y . .•-1:� 3C0.31 • ?n �r�+� , F pr .i •5.o I�- pG��p� IR N F.. I. (0 Irn PCI. A Io I^� v IN LOT 1 I .-t,�0 o to I LOT 2. - IoC t''N Cri.9 ' 'oo I'• 5' N. 1.16 AC. .. .. o..' I"0\?›QPq-' S 89'49'20•"�EI;.'u N KS I ! p' ... IVY 4' Z I' 145.00'2 o rn /z• I.P.F. I, � • END OF EXISTING 170.00' I z J :•.•I 1.• S 89'55'08" E I _fin. 1 • ► Q00� •-- - PAVEMENT w ::w �I I m 1 1.51'. .I: R'ErA5 :I° w',g G�. I-� :I J . LOT 4 c c o • oI -• O 0�� . M� :.:1„. 4.17 AC. oI' . • O' • • I .: .• ' ' �•" 'F• F • •. - I' DI .;?-4., Q w OI � ••.' :• '�I.. J 1e. . .40 a O ¢ r V M\ Qz :.:�� "'I `'1 I i .� N¢ .o I Q: .;.DI e'i II . . .ww :::1 . .5-10'R Il\ KI . EJ • • • _0 30' B.L. -� ` :' I:: I • - LOT 2 5 _ ' 1-391:18 �4* t; I • TI mIW . In t� • STREET TO BE • :. 341.66'.. . • �,*.S11' • .. _1-.• . . :-� - ABANDONED • WA6L . (.•:1 - I LOT-3 WATER f:.I • LOT 3• '' • NI TOWER• • : I.'. :1::. .... ..:, •„ .. • • UP. .SITE . • :i. '{ • . 7 C-12 (. I.:' ..I. : f..{ I•::.'.1 r LOT-4 LEXISTING 15' U.E.' (•'1 1.5' U. a �' I S 89'47'30' W 315.00'. ' S. 89'34'56" .W 453:71:• ::.. ' '! ' ,Ji-'I.P. . 1/2" I.P.F. • 63 I I City of Southlake,Texas MEMORANDUM March 29, 1996 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator. SUBJECT: Resolution No. 96-17 ZA 96-25,Specific Use Permit for Outside Storage REQUESTED ACTION: Specific Use Permit for outside storage, Ordinance No. 480, Section 45.1 (27) for Masonry Supply Inc.,being legally described as Tract 2B, Brumlow Industrial District as shown on the plat recorded in Volume 388-113, Page 441, Plat Records, Tarrant County, Texas, and approximately 2.615 acres LOCATION: 1675 Brumlow Ave., being on the east side of Brumlow Ave., approximately 1,400'north of the intersection of Brumlow Ave. and S.H. 26 OWNER: V-W Investments,Inc. PPLICANT: Gary Howard CURRENT ZONING: "I-1" Light Industrial District LAND USE CATEGORY: Mixed Use NO.NOTICES SENT: Five(5) RESPONSES: One (1)written response received within the 200' notification area: • Mr. and Mrs. Bill Stowe, 1710 S. Brumlow Ave., Southlake, Texas 76092, is concerned with"allowing outside storage at this facility" and that"the image will be improved somewhat if the bufferyards and the removal of all petroleum related facilities within one year agreed upon at the Planning and Zoning Meeting"will be"enforced in entirety" and opposed to "truck delivery at night". P &Z ACTION: March 21, 1996; Approved(4-0-1) subject to Plan Review Summary No. 1 dated March 15, 1996, amended as follows: 1) modifying item#6 (Provide a 5'type 'A" Bufferyard along the north, east, and south property.) a. deleting the north and east bufferyards b. maintaining the south bufferyard and adding slats along the chain-link fence 7D-1 - MEMORANDUM URTIS E. HAWK SOLUTION NO. 96-17 IIIIIARCH 29, 1996 PAGE 2 c. providing trees along the eastern portion of the property,per the Applicant volunteering 2) restricting the outside storage that exceeds the height of the 6 ft. fence line to a location east of the rear of the building 3) no containers or storage of tractor trailers. STAFF COMMENTS: The Applicant has met all the review comments of the Plan Review Summary No. 1 dated March 15, 1996 with the exception of the items addressed in the Plan Review Summary No. 2 dated March 29, 1996. KPG/ls G:\W PF\MEMO\96CASES\96-025 SU.WPD • I 7D-2 2A 10'TYPE'C BUFFETiI'ARD CONCRETE • ... 20' ROAD EASEMENT � 1-1 MIXED USE 24' R- 6' CONCRETE WALL YAK /I' h,-r'/ 7T ,/-ri 7T�I�-TT,7T/�,r i,1,, -7-,-7117i-7-1`` °y�©a99�°� , a T J 4 ' / � // '/ / ' / / • sp / / / / T // / / / / l J l / / l / / // // / l / J / / ii ,+dJL I , t7 Ar + . .t / / / 12•x24• ... • uippvi . ��'...Al, J/ //l/ / / / // //////l l L/j 1 //f(o'4 /I /'/' ' ►��' �: I OFFICE/WAREHOUSE 22 a�•.L. .� ,�' , /�� , rl / l l l l / 1, 1,11'l'/ l J'l • ,�� I 1 9,000sQ. Fr. �i14►,► ��' '' / � // / l [ ',it / / / / / J41 / / / 4 1' ��.�. I HCT. 20• so•b`IAADIN AREA , to�r�+' / / / / / // / l J/ /, l /, l /, l // l r/ ll\, �� `�i�i ! ', ��i►� y040/ //'///'/ //'l ///l �,ll �,'l l,lJ l,l/ /,l/ / // /1/,/l �,�/' �, 0'� � ►� ! 150 ! ► i � f�'' `�I, , / / Ill // / l, ll, l ', l ', J /,/ l, l //, J ' ' IS' 4.I al /I ✓ /. 5. e , / / / / / / / / / / / J // z I1 I r0/ x /I///// /, / Mr-0 LOADING AREA ,,''►, /�I�,j�I�,��I ► / / , / , , / / / , / / / '� ,'/ ,-1 N� ,. I/ �i / / / / / /, / // /// / // / /, J /, / /, 1/, /, I iQ ►. ; //; / '/ /�v4AA4� , pAn if,►f, ,, ,4/ A / 4 s / /� / , / , / , / , / , / / / a /'/ J� �6 TRACT 2 '1 I ;��:=.:�� r-�� 1' x �.r��►��' ,..� �, ; kiiiii l J 1 1 // // 1 1 l / 1 1 / l , l BILL STDWE AG, ' ► .'�,�H�•/I \i10' .i�� ♦. I a 1 //J //l ,// ,,J ,/l lrl l 11 / /" 8_- LJD - MED, �� o / ��/ / ',lied' / / / I� // /�I Iw ' , � tt♦-�I--�� .�:L� I/� �V. '� ' U I . , . Il 'l1, `Tr/61�,li 'f J1,'l /1lll,l/ <3 DENSITY RES. �,� , I'd a�WI�401VV►-Nrir 4VVViff,� .AP-- e�#,'►-4�► / ,/'/ / ,///�' 'y d/ ,//////Y,�/ �i1 I �'�/'r '/ / ' / � .�,�, 4�►��,�,�,�•,'�,�,� / / l , / / l l/ / / / / r , l it I � � � '/ / / / / / / / // / / // // /1/ // H ► / did�JI{ CONCRETE PAD , '�� , / / / , / / / / / / /r '// '/1 � b11 '�Ia �/ � la��`'��► ��► �� I OWN / / // // s'/ /'/ a J I , '/1, /, / � � �� , � � �, I /`,64' ' /' /' /' //// // / /a.// // / / ,/ C7 `o /Y / [ • �►_ 1 ► Q3/s* a�/T}Jvi 3 //-fig ,t�y� �+J'/ l 't az � A -�v�i[1 ,- -_ —A— = , '`II►�— �.1.�1► ►��,��►, R No1NC,a,S T'rnF!dip'/Ifni/ /// 1, /// / l f /' l tr 15 n li TRACT 1 DIAMOND SHAMROCK CORP. ZONING 1-2 ;:5t pl taj I t . L • �• 0.0 co N3643631 �o� EXTERIOR UCHTiNC LUD MIXED USE p� t•'' \;�11 1) !D ..I _ � ti .a:�•: y� l` ASPHALT CONCEPT N!N OF PREMt5E5 LOCATED 0c4 TRACT 2-B, BRUMLDW INDUSTRIAL DISTRICT TO .!1 y ., `i7J �- 1► THE OttY OF SOITTttLJVCE TARRANT COUNTY.TT7TAS,ACCORDING TO PLAT RECORDED IN t 'M i9'� �`�yC ,.R _ ,' ' VOLUME 388-113. PAGE 441. PLAT RECORDS.TARR NT COUNTY.TEXAS. o•''.• ��74: �4 l':' O_ / / / /// - GRASS k-�.t e� . _�a?ttll�. ,�� ,� ?• 52% PAVED SURFACE CONCRETE OR DUST FREE ASPHALT 7 r ., l 42* •+ I - PROPOSED MASONRY 40X OPEN SPACE . GRASS. NATURAL SURFACE (NON-PAVED SURFACE) t �"/ . ..•�• .��c 4i ;• 8% OFFICE/WAREHOUSE SPACE - '••1 �� _ � /i r.:ri ..........• SUPPLY MATERIALS •'�'� / j-", �■ 1• �r • ... ....... STORAGE LOCATION 17% OFFICE SPACE (1500 SO. FT.) �` - J •�,�_ a`D1.a�.•� �., CONCEPT PLAN FOR SPECIFIC USE PERMIT REQUEST FOR OUTSIDE STORAGE 8JX WAREHOUSE SPACE (7500 S0. FT.) i r�lj•~i'`�1,�0 (�I 6 CD MAR 2 1996 A V. REQUIRED PARKING: 1.3 SPACES ; ,!�%1. .._N. ...y • n • CONCEPT PLAN 3-22-96n�• PRONGED PARKING: 14 SPACES (10 x 20) • f�a7- • n sI.'+ <,'r , LOCATION: 2.815 ACRES TRACT 2-B BRUMLOW INDUSTRIAL DISTRICT OPT" �,,• 1675 BRUMLOW AVE SOUTHLAKE. TARRANT CO.. TEXAS 76092 OUTSIDE STORAGE WILL CONSIST OF MASONRY MATERIAL AND RELATED PRODUCTS U-/"'" v ,� P"•��- ` C ;I OWNER: VW INVLSTMENTS, INC. P.O. BOX 25 PANHANDLE;TX 79068 .1a y,�•%�si� 1i� � ` APPLICANT: CARY HOWARD dba MASONRY SUPPLY, INC. ,�,8 g. 2090 HAY. 157 N. MANSFIELD, TX 76C. hk • • R' 1 i��(t\S�'I t ,y�,_ '' s-.. (817) 473-0246 'FAX: (817) 473-4218 0 20 40 60 80 100 200 a ,,/ 'l I W / �#1`= }j DRAWN BY: JAMES M. PENNINGTON dba PENNINGTON BUSINESS 1�' `.l•:K' ATU:• {- NETWORK. INC. 4516 CARFIELD AVE DAWiS,TX 75211 }••1k1"!"H ;f•1Tr^"' • f .i.V. (214) 331-4402 FAX: (214) 339-1668 SCALE: 1•-40' '1 s„"•1; :b"SCALE 1:40000 • '' .16: r:v.',..' - •- •^_r .. - :::: Caw Na. SA 96-25 Ac 156 AcA ,.....-� U" _.�--\" r 15 Ac __ G V J, Tr' -I 1.RKIo— • -.2A2�. .. ` 30.6 A� .___�, MIR�N -•-• __ ✓8�5• 1B1 y' 2E (?left `�- 2A3AI � 30‘ 1s a�`1 --- Z 2 2A3 22.11 Ac i Appel -•- 3 At 302 \ I. I 1 1 1 1 1 1 1 1 I 1 I 1 1 % 1C / ^ l i s' 2ASA :• T.......,---30 401 \4 : -y N. i I I i 11 1 1 1 I — ., i' 12.09 Ac '� 1__.. . '\•�z i0 TM •Cr i 1 i i i i i -�� 1D i at r ____- ti \ \ •\ - tea :ut_:,.:..a��' -.r'- i •aaF-�-• — r_J .. \ _._-.--•-- 1 ---- 4E1 - .- \ ' X A4. Jam. •_ITl r'rinli- .- i .-•_-_ \ 20 Ac ~�s,\ '' 1 i ,�%�! \ ! / i i i i i i i i -1 ---!- •-•-•-•---• DA L i 11 L wtrrS [ 30 ii _.__.__.-_• .h-•-•-•-•-- .Pi i 1 i i i \ i 1 \ _ L© • %`1 I. 1103 EA' 6G --1-• i ' ;�"• , i r Y 6H i , 1 r '�_�....? 4A4 w�5'' i ! i m Q tto 6K 6K1 ''y,•' 1 i r ` 1 10 20Ac i - ®1 1104 11DSA1"'� �i 138334B MALE-" —� 1 17. A-805 6A1 j 1 3 Ac 6.15 Ac 4A NAtNBOW ST1 it" I BAIA i 2A 28 _2C1 I 1 9A2 fLC 1 1'5 1 1 1 1 I I i rBA 6A 6.3.1Ac 683 b8 68I �� II:111 -'-�— 2C1ARE t 682 9a051N - -- w -i"-' ._6F1 6C z 5 10 Ac 10,;\ 13.4 At _ f/.es j 1� M p } U !' I 43.01 AC n . \ 1= E6F -• •I• •• \\U 1 1. _ 212 i i 1 I 1 i - Il\NeDON4. i• EAST CONTINENTAL BLWj - I 3 .i.`•� 1A I IB 181 IA LM ( 2F1i IA 1B„; 1940 farm IOTA \\�\ i • Dl I B W.• . 1BIK IBICE a i �\\\ V 2 • 6.3 Ac tar 184� fe,a 86C1 `;\\\ •-•- 1 C �C' Qg 17 Ac � 1BW 184K2 11B^fac�„� IE� 15.6 Ac \\ �-2A3 1�� N © i`l. =: 382 _ ' =2Az t to `tF-:' °ua- 181 ' lit illEum-tow - • i -IBM 0010N \ ' IM�' aa.66 Ac R R° i 2E1 .w Buu :,x _ App 16M 7 _16663 TBuu ii •1. _16w2 i \ -� Ac I 31.61 Ac 1940 .. 'B6AfA -I fa 11a \ 5�p� : : -"MAI 'MC 1 38 i91%10 h 11 H. i nn•a iriLt•� Ammer.. i ti' ' ` 2E6 . 1B3 1818 ___' GO , 48 4P3 =NM 6 1 T4 261 r HARRISON DECKER 15 Ac I _ 'A' ,,.nU_5 _ �XI7l1 sr.�— A-43e /L NG : ✓' `V`c=.. 2K1 2J1 ____ _ = MUTAp1UM ', 30 Ac r` i arptil P.G . 461 • ID 1B 3 1 \1\'c 17.16 Ac UG,�R1p.L 'I Ac 1Np „ Ow T1 1L oAVCbG°POG�T ". 4111 o0 MET 4-432 2DNIGH 5G" CHEA. t, PEA oAPEvIN ' CONSULT 411111 11 a 1601 E. LAMA (817) 548-06 TRACT MAP 7D-4 ' TR lE ' 5 AC TR rr'" • 2.2! Spin Representative # 7 0 TR 2G :: Vacant .907 AC TRI; 1.21 .,l. TR 2K .926 AC T9 2E 1.96 AC TR 2N 1.00 @ TRACT3 / TR 2 6.2@ W I l IML® I 1 . ``' II Sr TR „AG,. Pioneer Concrete of Texask .31 fg. TR 1A 1414 ..____, 7 31.71 AC T• •CT B lli B. Stowe, "AG" J. Wright "AG" " i • ECCO Properties "1-1 " , Shamrock Pipeline Corp. 1 TRACT 5A 8.847 AC V1P'L. 41 N "I—2" pU TRACT 1 L0� a16 , RAM • til TRACT 5B 11.033 @ , • 3 /G 0 6 LIRIa ``) CC �,o pp pp I .Ou � m O' Z .%.0 0 1 i V ( ADJACENT OWNERS . .,•G�PQ AND ZONING 45 o S,,s0H \ \ 7D-5 IZZ / J l , + RESOLUTION NO. 96-17 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFICUSE"PERMNII`I FOR OUTSIDEyCONTAINER$ ON PROPERTY WITHIN THE CITY OF SOUTHLAKE,TEXAS,BEING LEGALLY DESCRIBED AS TRACT` ZB ° BRIJIN'°II"ODTISTI.tIAL :.DTS"TRICT SAS, SHOWN"DW"THE;rPLA:TmRECORDED";IwVOLUM 388-1'13; PAGE_.44].y PL ATTRECGJR§;771 ARIt_ANT"COTTI�7TY;;`3'E _A l AND``"AFPROXTMA I'EI:Y 2:6�5-A_CR_� ; MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A," AND AS DEPICTED IN THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a Specific U-SeTpPer'uiit=faf outside storage has been requested by a person or corporation having a proprietary interest in the property zoned as 7=7"Light Indust"ri 1 Disfrict; and, WHEREAS, in.accordance'with'tlibTiequireirients of 7SeCtibir"45:'.17(27) 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 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: SECTION 1. A Specific Use Permit is hereby granted for outside storage on the property legally described as TractV2Br,'Brun:lowJndustnal District:as shown on,:the plat recorded'i i Volume 3S8w ITI`3,Page 441,Plat Records,:TarrantCounty,,Texas;and;approximately 2 615uacres, as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "A," 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. 2. 3. • 4. 5. G:\W PF\RES-ORD\96-017SU.RES 7D-6 Resolution No. 96-17 Page 2 • SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS DAY OF , 1996. CITY OF SOUTHLAKE By: Gary Fickes, Mayor ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake, Texas S G:\WPF\RES-ORD\96-017SU.RES 7D-7 Resolution No. 96-17 Page 3 Ash EXHIBIT "A" Tract 2B, Brumlow Industrial District as shown on the plat recorded in Volume 388-113, Page 441, P.R.T.C.T. • • G:\WPF\RES-ORD\96-017SU.RES 7D-8 C) TRACT 2A 10' TYPE 'C' BUFFERYARD •.ONEER CONCRETE )-1:/ /"' 20' ROAD EASEMENT NINO - I-1 0 (MP N D - MIXED USE _ _ — — _ _ _ _ 6' CONCRETE WALL 8 ,€ CD rrIX I WI / �, /�,-/ / fir/�I. S/ /�/7,-// ,/�T/ /7, / / ,/,/ r ,A-4. Tiros P7/17/ /� / /�1��Q 17/9�/ i/ 1 9 / / . e. U ri G" 1 I Ø1IjIOFFICE AREHOUSE r . 4�` ��4'L►� 1 II ►,►••ir�i 'v Lf//' Tu' ' l / / J' ' /l ' '/ / 4. ' '` ' '' ',1 o 31 9,000 SQ. FT. / Op,40,V040 / / / / / / 4°' ,/ / 1' • , ° i 12' 40' / / /9 / '/ '/ '/ '/ '/ '/ / //4/�/ /I /1/ /''AHCi. 20' 60' / / / / / / / / ,, _,,, C ,, I �� • �� LOADIN AREA ,�, /' / ' / ' / ' // / ' / / / / // /'/ ' / ' / e` r4. 1 .c, . , /, ///,.,„,. \ 0044 P. 4*40 I 1 10 / x ,i// , / /, / a.� ►' LOADING AREA �I / ��', ��• / //'/ //'/ / /'// '/ / '/ /'/ ///'///'/ '/'" / '/ / N TRACT 2 1 ,�,'`i/ % / / / / /�,0_A.rrprA i- ;r Al. 4I•i� /'�� , S I/ / '/ 'l l /l / '1 /'l /'//'/ � '/ //�'1 //'1 ��rrr' Btu.sioWE ; \ •�11��T� _ I I �O,/�� b�� ,� a , //' '/ ' ''/'/'/ '/ / 11 '1' '1 '1/ ''/' '1 J 8,2 LODN9,C ME A i \ ►� �� ► , ', �, �,,. '� o , // // /•, / ,,../ . / /t / / �� DENSITY D. ' ,4r4.5-� .I-�-=•��sr�r .ffir ." v I ,// , ./ /a`47L�r. /,•/ // ,I// / // I re',r \ 0.1) iirw ►II ♦I ��L► ♦��,O,40,'� l 1 18i�" l l r!Y• / l < mill 0,4 '// C(1AI -A//1 04$1.'\ ai e, /y /, / /, , & , CONCRETE PAD ,AN, \ I�, / / / / / / // '/ '/ // // /i // // /i // / / / / / / / 1/ / I ! ' ' s ''�' � � ��`�� ,��`-�!�,�,� 1i /, / / / / 11/ 1 /, , 1, 1 /,,/, //,/ / 1 // / '/ I \ '%I/ /i // / /,f/i fP ,N �, l' / /'/ 'i*'1'//1 //1/// / l! / //'/'/'l )l'l / // 11 Cri 0—, i .� d /Y / / / �� P�� ►�, .'q3(� j fE�1pj ��f1 -L-tl-/J-t -Y-t- 1 1 , lI x ' Ig - A/--ry-/T-D- -- 4.1 #. �4f�.4*X�I��41, -i'/3ra?1W�yDol lEAcF/1//3 / Igd 1 1I/, //14)4411 ,1 ►='='i I 3 m N - -- - - - - v_oP, 1 -'a'-.' - R *-- /3 'PIR1111N d" // // / / /1 // /�'�'�� m LEGEND ' ' yT__LI�cL1�iT�%T/�T i -7�i�/�!_el E c E675202 O l N pj n N3B43631 �o' - EXTERIOR LIGHTING TRACT 1 DWAON�SHAM 4. MIXED l ZONING -1-2 ``lI 11 ''a >• Iyy- K as • 2 ., •• �•, W a z „Vx ASPHALT CONCEPT PLAN OF PREMISES LOCATED ON TRACT 2-B. BRUMLOW INDUS1RUIL DISTRICT TO ti i^ 1S/ 'e •`-411) �:�j�y 1 �A\ I►- • / THE CRY OF SOUTHLAKE,TARRANT COUNTY,TEXAS,ACCORDING TO PLAT RECORDED IN f' r 'r `�L / ' VOLUME 388-113. PAGE 441, PLAT RECORDS.TARRANT COUNTY.TE�OIS O�� / / / / / - GRASS `ii_ el AX,� ai u�_ ...��Q1 S 1: •, ►� ' ', / /.. . ... 52X PAVED SURFACE - CONCRETE OR DUST FREE ASPHALT P rrd x1Si5�1'7 FI� 40X OPEN SPACE - GRASS• NATURAL SURFACE (NON-PAVED SURFACE) ~ • • �:; ',/ lip .•. . .... SUPPLY MAIEIIWS 81G OFFICE/WAREHOUSE SPACE - �ij 0' . 2 / ._mwesy O''4ti0 IP 1 • • .•. .• ..•. STORAGE LOCATON 17X OFFICE SPACE (1500 SQ. FT.) - f-'``. 1: k' �� c +l d 1••' \rt • 83%WAREHOUSE SPACE (7500 SQ. FT.) � �( ••• '��"a 0 " ter,. ` CONCEPT PLAN FOR SPECIFIC USE PERMIT REQUEST FOR OUTSIDE STORAGE r 1 *+ ,,,��``` CONCEPT PLAN J-22-96 REQUIRED PARKING 13 SPACES 1 a i!.. , Ay �"+,,,,•',:1 ' CD. MAR 2 1996 LOCATION: 2.615 ACRES TRACT 2-B BRUMLOW INDUSTRIAL DISTRICT PROVIDED PARKING: 14 SPACES (10'x 20') p fta; c NET,.."_v�,;-' �. ��' 'ac . 1675 BRUMLOW AVE. SOUTHLAKE TARRANT CO., TEXAS 76092 OUTSIDE STORAGE WILL CONSIST OF MASONRY MATERIAL AND RELATED PRODUCTS ��''1' � .`- '� "��•, { OWNER VW INVESTMENTS, INC. P.O. BOX 25 PANHANDLE. TX 79068 F. -�'1 .•� \, V•' APPLICANT: GARY HOWARD dba MASONRY SUPPLY. INC. • :Dy';,I� i„' Ift.R ��`�f 2090 HWY. 157 N. MANSFIELD. TX 76063 ., 11i� � /� �^ Z_ r`1`.s.\^ 817 473-0246 FAX: 817 473-4218 0 20 40 60 80 100 200 d / ~`1"Fay)T !(/�� DRAWN BY: JAMES M. PENNINGTON dba PENNINGTON BUSINESS el �^ L NETWORK, INC. 4516 GARFIELD AVE DALLAS, TX 75211 •••7.,;•"'•�'. • i,p+i 1'^"° " ( (214) 331-4402 FAX (214) 339-1668 CAI F. 1•-40. •i%9'•:,; '::''' ::'r•"SCALE 1:4a000 •- - =S7 .1: r,iY�.��.;_r o-- -....ti Case/fa.ZA 98-25 City of Southlake,Texas MEMORANDUM March 29, 1996 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy,Zoning Administrator SUBJECT: Ordinance No. 480-194,First Reading ZA 96-21,Rezoning and Concept Plan/Fox Hollow REQUESTED ACTION: Rezoning and Concept Plan for Lot 9,Block 1,Fox Hollow,being legally described as a portion of Lot 3R1,Block 1, Crumbaker Addition as shown on the plat recorded in Cabinet A, Slide 807,Plat Records Tarrant County, Texas, and being approximately 1.146 acres situated in T.M. Hood Survey,Abstract No. 706 LOCATION: South of Northwest Parkway West(S.H. 114), approximately 2600' south of the intersection of Shady Oaks Dr. and W. Dove St. and approximately 1000' east of Shady Oaks Dr. OWNER: W. H. Crumbaker PLICANT: Pima Properties, Inc. CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "0-1" Office District LAND USE CATEGORY: Mixed Use CORRIDOR DESIGNATION: Office.Commercial NO.NOTICES SENT: Three (3) RESPONSES: No written respones received. P &Z ACTION: March 21, 1996; Approved(5-0) subject to Plan Review Summary No. 1 dated March 15, 1996, amended as follows: 1) amending item #2 (bufferyards and planting calculations) to grant Staff the ability to review the plantings in the bufferyard at the time of irrigation review. •AFF COMMENTS: The Applicant has met all the review comments of the Plan Review Summary No. 1 dated March 15, 1996 with the exception of the items addressed in the Plan Review Summary No. 2 dated March 29, 1996. KPG/ls G:\W PF\MEMO\96CASES\96-021 ZC.W PD 8A-1 ' �.......I • '4' I. ii At 6 95 Ac __ • A �.I}A}a i IC tt -Tx\ -� �-- ._ , ! -'may ' M iC , fr sT 1-� 1 ..)- ! 3A2 x i i 7A1 181 R .I �'+ i - 101 e`\_ 1C 28.73 Ac 182 1B4 70 I 4'9 Ac S14 Ae o 24.76 Ac /^-'-..-- , #111 7A1A1 7A1A 7AI 7A2Millk i '`ti` i 2 1E2 IC • 1 11.iVCI. UVII a.3aD�..WA 1BBBB,BIA MIA '�,<UWLSNSURIEY J D.A-IIfJUwuLP�YBII�V'.__,,. k�JP��-----' 1EOO l9_ C��Ii eT�-al��, 7A5 182 SLIMY A-110J' IBIC Ae 1, r' '" A_,1'O • C 7.14 Ac +u 4A ! ;, ICI iCo -�r"'r5Dwl u, 0. 3! M1�4 1 4811 I �`1D 2 Ac 3.79 Ac -A 17 . . C .19Ac 84.22Ac 1!ti)I 1; St �E5 181AC ' 1 1B1 J28 Ac i i]1 A7A 1B .G f� 3• 9.03 AC 4.3 Ac 3978 17A2 R,Q• EIJ1 # • - 1H R IR Blum i` __.l�'t'�Ip� IE lD F a 497 i -A'JY I 3.85 Act IE1101 I I A N /na�a 8 9 182A1 ------4--- , IH C B I1319_i� EAST DOVE ST. _ • .w• A _ NEST STREET 1B2 7.36 Ac 1215 1.87 2 Ac ! i i i 1 1A3 if, 1B3C 4C - . _ L0—iIAcc i i ! I i i � — •.' -1 /'1 Ys •j�V1A4 18366.2Ac— mtli — r EK 3s Ac i RD I 1 j I1 10 �� lAt 911, __ G ('� G /��Ll vt C .� •T7!--._—_i __-_L_ •i . 1------—.--.4— t8 ini1.J3 Ac 18 1- !• ti i i ! i -•I 1 18" I 1 i` 1 I 8.645 Ac / BRITIJIY CT V .i 1 � 5.9 Ac ` • ..L.A .RIIA]f . J. WL�c�J II lc A• 1 i 1�i P , \ ST3SWEY A-72 IA1 SLIMY A-/620 IA I . . m p L„ t , i K( <II SLIMY4E YN► ' G p►, , ! RpU �� i � ;"i 3 ' :8.7Ac ! 101 10 Ac i..• ! 35 Ac • 'p�~ ' 10k 2A2 — ■.:an. .7..:I !--i i i 2AS i i 13 Ac \ I U{ 7- ..1. 6C 3A4- 3A 38, — — — 1&iC :--.11D • i I Uµ91$ �6F O r6A` A A LARKIN Tr:1k 'i'li. CH / 1 i 1 ffi \ R 4 5 SUM* A-300 �` - i i 1 lA 1 ,1'ti l + 1 I A 56.33 A ....142J I L a 1�a A` X i 6C2 \ 1 D 1 •c i, ••i ` / . ,. / 3A3 n I 2„ i - +�1- A —_ fiat • S 1 I, ;; i: •• 111 ortk-N a _ �/ 1lp- _ 2A - ' O ((_U i' 25.406 AC . . �� w 3 ]A �� 8F1 8F 80 80 803 BC 8C1 -r—� ,3E18 3EIA EC +r ]Bt 3E al 26 Ac L�.� .AG._... 8 8 . I e� ; • �p13' • G�•((E ▪ `� 1, ! o m 4b®l!�ll°�S� Gb�iil. ®S�Ca T Z ; �802 E--- - BRlAt --_- j� SORKY A-706 '� •-� WEST NILh.ANQ STREET tie am 8A 8A16®M BA8A1 ® .8B4 IE1\1 1F 162 — �•--- � S.SS Ac = I z, E — — A� ttC lIE ill `I i .�� ' Ay 5 Ac - i i i ! . 882A-2� gp��i4` .t. - - i I i -•--- �J - cc i i I 8A2 • �'ra� Nil •- i. 1 i _.__ ®® • 11 BB1B i'! i 1 l - I • ,� , IIC2 IIC2A 41C2 ® 98 10 ! r' i t '� _i (, i + . . 110 is. i ! ! i ! Vic— . / y I i _ a ns..p�lio• `59•� . WelINOe% •.• rvrNIC NE— ©,4N! ` y lP.4' .16.40, .1 ,... ,,,/ .'1/- i i \ _R AO I• -•\ :1 I 1 ( I 1 AS 6.- I ' s- 4- . i • 2CICI21 a i ; rTi \1-1. TRACT MAP ,� ! !_.: f ` . '; ` , //W'•1':y�}� �}} �/) /� l-T ., 1 i i ! i i i ! ii •_. ! ! 1 _. cam. .W f L R EIS V'i 4, I`I i j IL 'i -- I I I , 'T•�•t•- .. • i-�.� Q^ ^ I 1 I 1 1 I ! ! ! 1 1 I % 1 I 1 I I �'�, IIA2 8A-[, [ A•EL . NW IR Y,I Ir4 I ._. �_.� i , 1''Y A• I�•1.�� `' % Ay.� ! �k i1 y.T._ _.Lirl,L.Y.,L..�.T._T _ 9f _.. .-. �1 :r71 I I ! I 1 �� 1 . 'ii_ 1... !'/rA. � Ia.K i � CCC�� "�._. 1...'„ll I , I 1 1 I .______ 1 .UU @ 1 -41,--- . I Spin #11 Representative 0 • Gary Fawks 6R 1 .00 @ )----T7----\ y EY • • - C. Shivers • " — �- • 6 >� 1 1 0�E. ►t� 1 ' U r O TR 1A 1A i� J. y ;�._ 1 AA2a 24.925 AC G 1 • SUR 4'. C. Crumbaker AG. 3R1 3;2 4.014ip*V `.� W. Crumbaker (� �AK I"1 .40.40.. l 5.). TR 6F1 u t . .50 AC G ggg "AG" °O •� T. Glosser a w i 4.1, . . . . 1 . I TA 6F s• l 4. 1 @ \ q \•` t. 9 • (' 10 vik_1/11 5 V. rY P Ayit: RAVENAUX 73 _ A \/ ►_". _._._. .63 AC I'1 ADJACENT OWNERS a r a AND ZONING Q 11 a� q �C. 2 3 ,H i a� S. 00 3 L \ -c J x.a . C1 I •Si •.7. i J I lb ?f 1 TR 2E ") ;,l• 1 La�� nr. s I / I I " .........................................:......." I.j.--- `■ice :.. . i Pi"' . . I 1 I \\\\:N.. • ......................................;.•:.':.I ._ .\\NN, :10 -NI - • • MN ::: 7;y.w-1IIP1"I1�A\I►1 1 J\1LV =_-_ ..... ilk - - -_- - .r.. .�. - .. ......... .. '=r=:•:tip":�::�'.� _ _ _ Iw■ • ■ w■ .'AXtV••••••••••••• •'-•' •'•.•.•........'.'.%•:::::::•;:::::::::::.:."5-...4.":.ffff:.:.:**.Y:"•.*:.:.:.:.:.:.:Yfff'..:.:.:.:.::1::.:"..::::::::::::•:Ef.f.:;:"..:...:"...:::...1*Z•::.:::::f.:::.??.:::::.:...:.?:.:::::::::::f.f.::.....**--.:::?:.*::::::::::.1.1:::::.::::::::::::::/:.:::::.*:.' :::••••:::•::::-.:::::::::::::::I 71•••••:.H.:.:.:**14.:.:://•••••:::' ■ w■ ....................................... IM En MI MEM 1IN GRAPHIC SCALE FEET 1.' ........................... . . .. .... ...::....:::::.::.... ......................... CI TY .. . _ ... SOUTHLAKE LIMIT __-• 100 YEAR FLOOD PLAIN : : :: .•.:: . CORP OF ENGINEERS, BOUNDARY "" .." • • •:•:•:•:•: •• • ,::::::: . . f' PUBLIC PARKS /, OPEN SPACE: + + + + f . ___ ' BLIC / SEMI-PUBLIC • ' DENSITY RESIDENTIAL ■■■ + + + =_ MEDIUM DENSITY RESIDENTIAL :....:: :: ::::: `. ■■■ :: .•.•. __ H. .i 8A-4 ...... .............. MIXED USE .""...•.... LAND USE PLAN ` • CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 4;S-194 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING - CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY'PE_SCRIBEDWA_S AWPOR.TION7OF�LOT;3RI .BLOCK -CRUMBAKER�ADDITION7—A'S7'SFIOWNh ON THE "PLA_T RECORDED*"CAB-INET "A;"SLIDE `807;"PLAT RECORD cf--- T:COUNTY,TEXAS;LANDTBEING:AE PROXIMA I ELYI I:146 ACRES-SITUATED INµTS HOODS litVEY,ABST_R_A.CT 1 NO.706,AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM"AG"AGRTCULTuRALWDISTRUCTTO "{O=1"`""OFFICE:`WDI STRICT, SUBJECT TO THE SPECIFI' ' REQUIREMENTS CONTAINED IN THIS ORDINANCE; y CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; Ak DETERMINING THAT THE PUBLIC INTEREST,MORALS AND .4 GENERAL WELFARE DEMAND THE ZONING CHANGES AND IIII AMENDMENTS HEREIN MADE; PROVIDING THAT THIS 11111 ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER', A PROVIDING AN EFFECTIVE DATE. , l WHEREAS, the City • . -ou . e, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG"`YAgricultural District under the City's Comprehensive Zoning Ordinance; and WHEREAS,a change in the zoning classification of said property was requested by a person 111 or corporation having a proprietary interest in said property; and WHEREAS,the City Council of the City of Southlake, Texas, at a public hearing called by G:\ORD\CASES\480-144.WPD 8A-5 Page 1 Sthe City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location,lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation,water, sewerage, schools,parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings,and encourage the most appropriate use of the land throughout this City; and, WHEREAS,the City Council of the City of Southlake,Texas,does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments,and that the zoning changes do not unreasonably invade the rights of those S who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS,the City Council of the City of Southlake,Texas,does find that the changes in zoning lessen the congestion in the streets,helps secure safety from fire,panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools,parks and other public requirements; and, WHEREAS,the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480,the Comprehensive Zoning Ordinance of the City 0 of Southlake,Texas,passed on the 19th day of September, 1989,as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: G:\ORD\CASES\480-194.WPD Page 2 8A-6 S Being aa:1:146 acre tract of land being legally deacribed'as dTeottiori af'l✓ot'3R1 131"oek 17,Cftimbaker Addition as shown"on the plat recorded:in Cabinet:A,Slide 807; par Records TarrantCo_unty, Texas,s"i"tuate,il th"T:M:-Hood`�Survey;Abstraet o:1 706, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from 'AG":Agricultural-District to '0=1'OfficeVD"istrict as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B". Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas,to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake,Texas. All existing sections, subsections,paragraphs, sentences,words,phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified,verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to Slessen congestion in the streets;to provide adequate light and air;to prevent over-crowding of land; to avoid undue concentration of population;and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. S Section 8. All rights and remedies of the Cityof Southlakeare ex pressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances G:\ORD\CASES\480-194.WPD Page 3 8A-7 • affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation,both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten(10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty,fine or forfeiture for any violation of any • of its provisions,then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten(10)days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1996. MAYOR Ill ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1996. MAYOR 0 G:\ORD\CASES\480-194.WPD ° 8A-8 Page 4 • ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: • EFFECTIVE: • G:\ORD\CASES\480-194.WPD 8A-9 Page 5 EXHIBIT "A" • PROPERTY DESCRIPTION ZONING REQUEST- 01 FOX HOLLOW All of that certain tract or parcel of land situated in the city of Southlake, Tarrant County, Texas and being a portion of Lot`3R1,Block 1, CRUMBAKER ADDITION to the city of Southlake,Tarrant County,Texas as recorded in Cabinet A, Slide 807,Plat Records, Tarrant County,Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch steel rod found for the Northeast corner of said Lot 3R1 and being the Northwest corner of Lot 3R2,Block 1 of said addition, said point being in a curve to the left through a central angle of 05 degrees 34 minutes 24 seconds and a radius of 2,501.80 feet; THENCE southeasterly with the common line of said Lots 3R1 and 3R2 and with said curve to the left a total arc distance of 243.36 feet to a V2 inch capped steel rod at the most easterly southeast corner of said Lot 3R1; 40 THENCE North 89 degrees 04 minutes 00 seconds West with a boundary line of said Lot 3R1, 55.60 feet to a 5/8'inch steel rod found for the inner corner of said lot; THENCE South 00 degrees 09 minutes 00 seconds East with an easterly boundary line of said Lot 3R1, 111.70 feet to a point for corner, THENCE North 70 degrees 08 minutes 56 seconds West,224.84 feet to a point being on a curve to the left through a central angle of 21 degrees 47 minutes 53 seconds and a radius of 55.00 feet; • THENCE northwesterly with said curve to the left a total arc distance of 20.92 feet to a point for corner; THENCE North 00 degrees 52 minutes 00 seconds East, 199.17 feet to a point in the North boundary line of said Lot 3R1; THENCE South 89 degrees 08 minutes 00 seconds East 111.69 feet to the place of beginning and containing 1.146 acres of land. 411 G:\ORD\CASES\480-194.WPD 8 A-10 Page 6 0.01,ldbM,11 ,• r • AG . Ott war.n. .. • REQUIRED BUFFER YARDS '`, 0 pp tiL��eMG .o "�.MOIBnat® �1. ' \� 1 Piul�. ��F �f~ d r : °' : AAA , y C0 O L. ,•of •� •..:. �- _ M..A,•0TAYI.f1•IIR..N 1100 yy tY IP[011MH• J [ t..Aa�'9 If' i ��® --'. __-.�T_J�-_ .. C,;_._ /R.Ai- -_ -- -- //� LOCATION YAP • y .Ar„ i°a n nrin ) • yrnt iP Ii ■nn 1 / \ •:. p '(f/ \ ,,+.. A^ EXISTING ZONING - AG \ \•, °"1`VP4 "" EXISTING LAND USE - RESIDENTIAL.'- L D USE J� 1.. • \�\�• PROPOSED ct EZONING - 01 r> *��\� TOTAL PARKING SPACES 23 "1-d-1 �LIO�-•I�o�c®uaE _� w,•ar� ••\�' '� `\ `�, TOTAL LANDSCAPING 20,148 S.F. V PIMP.ZONING-LROA --i"� 0 4. I \\\ \,, 1 0�y r i \I --� {0 _ \ . I \ , ',I1 t..raz \' \ lyeraroe r\ \•. n.. .,..,-, .? V , I \\ -11 `` I . II 1f \` cI I II - =775 :w Lam. " ° 1 D \`�`�'�..IJI i LLD•AL la //(7) • ,yewm .... I gM I A` /, UD-Aiomtee . I I POOP.ZONING-IPMA 000P`P•.trer.: 1 ..10' tO 1—. H I—e CONCEPT PLAN Own LOT 9, BLOCK 1 Cci -- _ WIL-BUR HENRY CRUMBAKER FOX HOLLOW - .oet L war vrA LAND USE DATA TOTAL A REVLSTON TO T SRI. BLOCK .nvenrOmvntoN 1 1MA PROPERTIESMf' Mine} ACAr..c[ LO(AMENDED PLAT) NE r.M..,....n........................a..1 A.....t.,.n M,r�..r bar..Par...r tar 30...e.t o •Allc>RK L 1 P.t. Lt CRUMBAKER ADDITION OnAM!m^and *le P,.CR.M f.ul«4..TTee b,G."I..,....p�•In GYM A.9a.pt./MI Aw«.T.rnt eu we,y1..war AN ADDITION TO Me Meoerl 0/410.40e KG..a..VII.0.4 n•...,...b..4..1.,..01 w 01 a1 M w.:...«.e..ar 61111 30.140 I THE CITY OF SOUTHLAKE /•� --n r«III•4444.r.«I,w•.•,.b NYA 1�...H•4•I CO 1•P�H.+....1e—e an.4•1DOIJl tat �n•l 1,p, •• IMe.r1««1w...n.r coot,mar r,W.MI}1 w•>AI M.10e AAA ew Y w MN.btr w.Mbar«Z.LOA _ md`«n/111.«.1.: DLVEIAPNENT SCHEDULE TARRANT COUNTY. TEXAS [ 1(' I,_i• ::I• Mt 1 . /Z nett earem.IIM ne nw.«•nOAA Me nC Al 1.n«.O..,r me...ewer el w Lel MI: U.B.LaVITT COO.a.OD AS RECORDED IN t L.._.�-'i.:-.:._ W V INGORIK INC. MAIM M..n. ]... TMn...."1.A.deem,01 na.l«00•.«.n F.1.M•bona..Men.na Mt 311.DAD MI le•Dry Awn Awl M RGIXD]O PLL.RDIS CABINET A.SLIDE ROT 1 I� n t.w.•r.n.Mbar e.,.ar.•t«N au GENERAL NOTES PLAT RECORDS,TARRANT COUNTY,MAS t j FEB v Y? 0. 0 Se„1n 00.•p«•Of mewl•00 I««•.DM.In en LW.,bwl....M•e1 wa L•l ORI,111.70 MD ~'� 1.AL DUO PILL L.MM. T.M. HOOD SURVEY 'I V ..•Pe101 1.e.nar; -''onro.OK.n.0 R,« L D MD 4AO.tors N IK a0. ABSTRACT NO. 706 i Mmeeorm 70•p«•0f mb.tee 34• It ZZe.A1 bNl l•1.1 M..3••.Iw le IA.NM!I.«y, • , -- COI")4 111iiwe ).Y.00II�.i1�SIDS l41S N IA 111M L•..'�.:),.�'1...•�1�.. •eon....Par•I 21 derv. T nn.If 53..e«wI we•n•••I SL00 1«t rt tO]L MI 00000 Inn toe PRESENT ZONING-AO • Mena 1w,n.«I.q elm w are..Le VA1.A.toe we Mtn.el 20.2e 1..1 le•rent Mr .n.• : f./..T.II: LUD-NIXED USE -.-._. OAVIO C.MOAK SURVEYORS.INC. EXISTING USE-RESIDENTIAL L Mons.Kr.m deg.AZ mew...e0.are....rm.DAD 1«1 le•rent w M.earn b.w•..Me at•.a Lel MtPROPOSED ZONING- fare..Lon•.M...e•Merle CO.....a 1.1110 1..1 l 0 "war r A. 1.10 ae N b«n.•do 1w, PAL Om ten .1 O " " "• t 1.146 ACRES Z y( �l • 1 LOT 25 FEBRUARY 1990 1111 rf\ 1 ,IP ...ono a.. . Fox NO Ovt I..no:m.c. ii4.... • wawa y.., wnt'\s • L 3 LOT 5 REQUIRED BUFFER YARDS I \ • .Au OUNToniin TTTPCC mm A¢al s,.lves r N,m^r\\♦ •`•s ,PiiO:i' `�,�r� • `I. I inCOU- v A 1 i I % \ ``. mTw u 116-247 — 1.... than. �_ _ +..n i�r PANE•rr.w • MITI Is• I : : 1. ___ ——— ipmillner•%tC1y�-_ ___ j' LOCATION YAP EAST.. II. -f',r.� - \a00iw ro i• A I i I • �\ \`• ••\\ ` i°9_l•• sii i in0ro i A i A I , ' PCO990 is 11 I 12 IP u 1 •Q. • i• • /• \ '�'%�y+,. • EXISTING ZONING - AG ` ,\�\• 'w`"'�+ �I '"n EXISTING LAND USE - RESIDENTIAL I j;' i1:. ,•\ \\ D USE \\• `•s I'PAA-la�®Ca PROPO EDEZONING - 01 �"� �" 0 V \�•, TOTAL PARKING SPACES « 23 LIA�AIL�Lff -i ! op•D • N. '' \\�. TOTAL LANDSCAPING = 20,148 S.F. PROP.ZONING-6R0A -'"� i tP9c I. „•,\X \\•n Ip,,,. \a •...) s nA. J rf�?4 l/ ` j� honor r\ 4•s`• ..3a v. -h \\\ ./ .II '„i \\ :Z<:zy; 4i.) _A J r��`LI .q L,A-Air OLEE 0 • ��aamr�Aiwn,,,,,rw I,J PROP. ZONING SPOOR I I OnoPer Ude I I._Jo. 1 CONCEPT PLAN LOT 9, BLOCK 1 WILBUR HENRY CRUMBAKER V'' ]AND USE DATA FOX HOLLOW n 000i11•10 "1' A REVISION TO TOTAL PO. ET MOTS T 3R1, BLOCK . PlO O1Tnsrrllal PIMA PROPERTIES NM WWI we LO(AMENDEp PLAT) la el rat a.ru,b.<1 a pea.et I RPIS.M ER,•1 s.w.wa T...P Cb,p Ten r be.•pelt.,el LOT 311.uaol I. a oNN TN.aw..ssr CR. I 0./ ,., CRUMBAKER ADDITION fFN..aEA AOpI1C.1 le 1r..CP,d 3,a01a.•,Ters,i Cwwy,To-••«weal..Ca..A,Pride POT.Pal A.,e.a INT.rl "aA't ,'„'"" AN ADDCTION TO Ce.N.T..and perm me.peOw.P,a.nw1 b m.t••w l.m..es.I•.. _ R0 /, ra am..1•q.ul m1.,. .a, ..•..w..•„..Pe.,l.t 3 L..a I THE CITY OF SOUTHLAKE 1• n•7•—n r q ANl)w Ml Mai•••ew.I.e.N11...y,•••�N w,P..0 n W�1..Mw!.papa N•r..w q tlm.A 4t . 1,„.,1:--Inn• • n.er«wm•..•w: DEVELOPMENT SCHEDULE TARRANT COUNTY, TEXAS tn,—M,.wan,tor.q W z:.}1 a1 311.,.•Im ax w.••4 x•:,^•1•Iq ea.parr.1 nA3. 1 -1I ._� 1»l is.1ri en ewa.I..e.a w.rr..`,roruc aaly Nr •1 N.mal«.IN).wN«.l amr•f W 1.1]I11: NN�.uwo .T fT.MTr lNr.IMC A3 RECORDED IN .L.__._� .:. R1NI01N6HIt8,INC. tarnnOro y1ar,lnl Tn..••xa.tn eta: ,w wwn..xoo a«,w...•1.m•....r,0•••I r.1.1 El.uao 1••,I.•.A nm w•.ra pi0p� _ Py1, l CABINS[A.SLIDE ROT i •"'•re • '•' t � GENERAL NOTES PUT RECORDS.TARRANT COUNTY,Tan j FEB q y • Tn.n«Sean 00 aye••.091Nv,..00 senor.Cast.1n on C.•lM,Pon.,11.•l«N 1•t 3n1.111.70 Net .~" I.Al VA0031y1RN000RM T.M. HOOD SURVEY ( 1 V ' ,o.point CO armor; rx tax.Eltt a0•i1 art Ia 1.b MITI 2011.01110 rN 0R ABSTRACT NO. 706• [I '. :Tx N•M r.' wr N lyunu.G 4.1 Nal •Ir«.M mal«3.••a,n.•...1 31•.e.1••1 la•pawl e.Mi M• «n m•1.11 INwr (sir w-xtl 1.A73TIllOI IR 1 A tN III TA - 11 1 1' ex.erp. m ayro.•r mat•.U«a•Pa•w,.•w....•r em.ao,•.u .PEA nlOOn qnl 1... PRESENT ZONING-AG L'.._•.)•\i�.•.1•. m.,a•.,.r0,.«Irn.m « ..•a,. N. w NM.MP.,.m.,e•.1 ly.0 r .n«l,.•pem re• or; ['AVM) e.rnrw.: LUD-MIXED USE -___. ._'__.._..__- IT .>«•m le. ['AV C.MOAK SURVEYORS.INC. !FISTING USE-RPSIRESIDENTIAL"mane•North CO . • ma 00 oecOIN C.n .1s.1r I l••p•.on m•Pornww.. qn.t el ova Lol 3Au na la.a, PROPOSED ZONING-01 A...1.l,11 Nor.a..41 CO.pear(AN 11169 Pal w M 064 .yr.,•.el I y w.2411.2 I.IM ern•1 Y .•r9 m or Nen N1''1'w w9-.;11 1.146 ACRES z'Q ( - 1 LOT • 25 FEBRUARY 1998 • • • 21 City of South lake,Texas MEMORANDUM • March 29, 1996 TO: Curtis E. Hawk, City Manager • FROM: , Karen P. Gandy, Zoning Administrator SUBJECT: Ordinance. No. 480-195,First Reading ZA 96-22,Rezoning and Concept Plan/Fox Hollow REQUESTED ACTION: Rezoning and Concept Plan for Fox Hollow, (less Block 1, Lot 9) being legally described as a portion of Lot 3R1, Block 1, Crumbaker Addition as shown on the plat recorded in Cabinet A, Slide 807, Plat Records Tarrant County,Texas,and being approximately 13.233 acres situated in T.M. Hood Survey,Abstract No. 706 This request proposing 18 residential lots. LOCATION: On the east side of Shady Oaks Dr., approximately 2,600' south of the • intersection of W. Dove St. and Shady Oaks Dr. OWNER: W. H. Crumbaker APPLICANT: Pima Properties, Inc. CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "SF-20A" Single Family Residential District LAND USE CATEGORY: Mixed Use NO. NOTICES SENT: Nineteen(19) RESPONSES: Three (3) written responses received within the 200'.notification area: • Robin Jones, 510 Ravenaux, Southlake, Texas 76092,concerned with the existing equestrian trail system slowly vanishing due .to rapid development. (See attached letters dated March 13, 1996 and June 9, 1994.) • Thomas E. Watson (Countryside Bible Church), 250 Ravenaux, Southlake, Texas 76092, in favor. • • Von D. Tucker, 1530 Ravenaux Court, opposed, "Negative impact to property values and quality of life." One (1) written response received outside the 200' notification area: • Doreen L. Bruton (President, Ride With Pride, Inc.), 480 W. Highland, 8B-1 MEMORANDUM RTIS E. HAWK INANCE NO. 480-195, FIRST READING MARCH 29, 1996 PAGE 2 Southlake, Texas 76092, concerned with the trash on and around the existing trail. (See attached letter dated March 14, 1996.) P &Z ACTION: March 21, 1996; Approved (5-0) subject to Plan Review Summary No. 1 dated March 15, 1996, amended as follows: 1) forgiving item#4C (the minimum lot depth requirement of 125' for Lot 1) 2) forgiving item#7 (Lot 9 does not abut a public or private street.) 3) requiring the developer to provide a 10 ft. wide equestrian/pedestrian easement along the south property line from Lots 10-16 and a portion of Lot 17 that will be dedicated to the City. STAFF COMMENTS: The Applicant has met all the review comments of the Plan Review Summary No. 1 dated March 15, 1996,with the exception of the items addressed in the Plan Review Summary No. 2 dated March 29, 1996. PG/ls G:\WPF\MEMO\96 CASES\96-022ZC.WPD 8B-2 1110 March 13, 1996 City Council/Planning & Zoning Commission The City of Southlake 667 N. Carroll Avenue Southlake, TX 76092 Dear Council and Commission: I would like to express my concern for the existing equestrian trail system which exists in Southlake, but is slowly vanishing due to the rapid development which is occurring today in our city. In particular, the Crumbaker property which is currently under a zoning request change, is in part home to one of the only existing trails left in the Shady Oaks area of Southlake. As a resident who owns property adjacent to this trail as well as the Crumbaker property, it is my hope that the trail will be saved. In a meeting called by David MacMahahon, the developer, the concerns about the equestrian trail were raised by area residents. Mr. MacMahahon seemed more than willing to dedicate a ten foot easement to house the trail, as well as construct a bridal path • fence. Not only does this show good faith on his part, but it undoubtedly will enhance the value of his property by tying his proposed development more closely .together with the feel of the one acre plus lots which Fox Hollow will be adjacent to. I hope that included in the approval of the zoning change, will be a requirement to dedicate this easement and fence in order to preserve the flavor of this area of Southlake which is quickly disappearing to developement. Respectfully submitted, h/( Robin Jon s 510 Raven ux, Southlake fri) a 8B-3 S JUNE 9, 1994 CITY OF SOUTHLAKE PLANNING & ZONING, COMMITTEE 667 NORTH CARROLL AVE. SOUTHLAKE, TX 76092 TO WHOM IT MAY CONCERN: I AM WRITING TO EXPRESS MY SUPPORT FOR THE SPECIAL USE PERMIT REQUESTED BY "RIDE WITH PRIDE" ON HIGHLAND AVENUE. I USE HIGHLAND AVENUE FOUR TO SIX TIMES PER DAY ON MY WAY TO AND FROM MY HOME, AND HAVE NEVER ENCOUNTERED A PROBLEM WITH TRAFFIC AS A RESULT OF THE FACILITY. TO THE CONTRARY, I FIND THAT THE PARENTS WHO DROP-OFF AND PICK-UP ARE EXTRA CAUTIOUS AND COURTEOUS WHEN ON HIGHLAND AVENUE. THE EQUESTRIAN CENTER AT RIDE WITH PRIDE, IS A VALUABLE ADDITION TO OUR NEIGHBORHOOD. IT REPRESENTS WHAT PEOPLE LOVE SO MUCH ABOUT LIVING IN A COMMUNITY LIKE SOUTHLAKE. THE HORSES RIDE THE TRAIL 1110 DAILY BEHIND OUR SUBDIVISION, AND IT GIVES ME GREAT PLEASURE NOT ONLY TO WATCH THEM, BUT TO SEE THE DELIGHT ON VISITORS' FACES WHEN THEY SEE HOW UNIQUE OUR NEIGHBORHOOD IS BECAUSE OF THEM. TO DENY THE SPECIAL USE PERMIT REQUESTED WOULD BE TO KILL ONE MORE UNIQUE FEATURE OF OUR COMMUNITY. WITH THE RAPED BUILDING AND EXPANSION CURRENTLY TAKING PLACE IN SOUTHLAKE, THE PRESERVATION OF WHAT HAS MADE US SO SPECIAL SHOULD BE CAREFULLY CONSIDERED. A GREAT PORTION OF SOUTHLAKE'S CHARACTER WILL BE GONE FOREVER SHOULD "RIDE WITH PRIDE" CEASE TO EXIST. PLEASE CONSIDER THE IMPORTANCE OF THIS SOUTHLAKE TRADITION AND THE MANY CHILDREN WHO HAVE GROWN UP WITH IT. DO NOT ALLOW THE COMPLAINTIVE NATURE OF ONE OR TWO, DESTROY THE PLEASURE AND FASCINATION OF SO MANY. YOU WILL DO A GREAT SERVICE TO OUR CITY BY GRANTING THE SPECIAL USE PERMIT REQUEST. THANK YOU FOR YOUR CONSIDERATION. VERY TRULY YOURS, MARTHA S. JONES 510 RAVENAUX S . 8B-4 . Oh 14, 1996 Dear City Council Members and Planning & Zoning Committee, Ride With Pride, Inc. Horseback Riding School has been in operation since 1980. Just recently` we came before you to extend our Special Use Permit, which you granted to us for 35 years. Our students as well as many neighbors enjoy going out on a trail ride. When Raveneux was built, many of our trails had to be re-routed or they disappeared all together. I understand that the Crumbaker's land will be developed soon. Our existing trail goes thru church properties and then continues on the North end of Raveneux and the Southern part of Crumbaker's land. Many of the neighbors enjoy watching the horses go by. Ride With Pride has even gone out to pick up trash left on or around the trails by the new construction in the area. If any of you would like to see this for yourself, I would like to invite you to go on a trail ride on Saturday, March 16, 23 or 30 at Noon. Call Ride With Pride to reserve your horse. Southlake is a beautiful place to live, Thank you for helping ito keep it that way! Sincerely, E) gAlu,- ./f at„214,-_ . . Doreen L. Bruton, President/Instructor Ride With Pride, Inc. (817)481-2893 480 W. highland Southlake, Texas REC'D MAR 141996- 8B-5 i 00 @ 5R 0 . ,I „SF-1 A 4 1 „AG„ 0 I "AG„ ... . ......2---z _ 1C. ShiversTR 1A1 W. CrumbakerSUR ey AG 24.925 Ac �' /� 0 — A -1 T. Eiland j0Q U \ „C 2" 1 H� • . :,://,., . ,. . , C. Crumbaker NN ., 3 P.2 „AGOff ,, • + • f � ' TR 6F 1 B. Goodman , 5o acII If 6, T. Glosser � J. Davis TH 6F „AG„ C 4. 1 @ M. Jones cd E U. Tucker L. Young \''�''\ N \ 03 co . .\\,, . t) SF-1 mu A c R. Hinman i J. Nanson , 1 -� - to ai N — z = .2 F. Newbu ------- P. Wilson "SF-1 A" I,G, A. vX „CS � RAVENAUX E� P 6 - X s QL - - --- ---- i' h .3 R. Maness z .63 AC ' 11 Countryside Bible Church --- - w — \\ a,\\ 4 , 09 „SF-1 A' < �,, 003 E- F 2 3 \` ��i , -1 ) - a., qnc, 1 ` --i / .._ Spin #11 Representative ` 0S. ADJACENT OWNERS ,› Gary Fawks AND ZONING Al: 1 yy Al 11 1 _. • CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-195 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS"A PORTION`°OF°L Or;3Rl sBLOCI '1,=, CRUMBAKER�"aADDITTON�AS'-'S�ItQWN "(3N"LATHE":P.I;�1:1 RECORDED IN CABINET :A;-nWSLIDE:"847;:rPEAT -RBC( R_DSj TARRANTeCOUNTY TEXAS;AND;BEING-APPROXIMATEL 13:233;AACRES"SITUAI;ED I`T:M:HOOU"SURVEY,A:BSTR'ACT N0:706,AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM 'AG AGRICUITURAL"DTSTRICT ITO "SF l20A„_.'SINGLE° ":":FAIvIII;Y`W RESIDENTIAL`7-DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE;DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING • CHANGES AND AMENDMENTS HEREIN MADE;PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. REQUESTED ' e ► B.- .. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as :"AG"';Agricultural District under the City's Comprehensive Zoning Ordinance; and WHEREAS,a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and G:\ORD\CASES\480-195.WPD Page 1 8B-7 IIIWHEREAS,the City Council of the City of Southlake, Texas, at a public hearing,called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location,lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population,and effect on transportation,water, sewerage, schools,parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings,and encourage the most appropriate use of the land throughout this City; and, WHEREAS,the City Council of the City of Southlake,Texas,does find that there is a public iionecessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments,and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS,the City Council of the City of Southlake,Texas,does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools,parks and other public requirements; and, WHEREAS,the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has.been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: • Section 1. That Ordinance No. 480,the Comprehensive Zoning Ordinance of the City of Southlake,Texas,passed on the 19th day of September, 1989,as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed G:\ORD\CASES\480-195.WPD Page 2 8B-8 • and amended as shown and described below: Being a-13 233;acre tract of land being legally described.:as-a portion:of I;ot 3R1 Block:T,=Crumbaker Addition as'shown on:the pla"t`tecorded,iil Cabinet A,;Slide?$07, - iimy PlatRecords.:Tarrant'-Coon�";�Texassfivateii`in�•T;M:"Hiiod�:"Survey A1�st�act'�No:� ......:,.,.k_......,..sy..:;.................«.P..a.'...�.....a.,-.._.�:.....__.....a..........:....,,,...,..,..,,..«-..__....�.,.,.,......c,......wv,..,......u..:.,.:.-..a..w,,..:,.:..G..,:......",..e..,...,...._..:,—.-,:.:......Y- 706, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG""Agricultural"District to "SF=20A`-'-Single fFanulyj Residential District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B". Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas,to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake,Texas. All existing sections, subsections,paragraphs, sentences,words,phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, • morals and the general welfare of the community. They have been designed,with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets;to provide adequate light and air;to prevent over-crowding of land; to avoid undue concentration of population;and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance. shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid,the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall 0 be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. G:\ORD\CASES\480-195.WPD Page 3 8B_9 0 Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation,both civil and criminal, whether pending in court or not,under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten(10)days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty,fine or forfeiture for any violation of any of its provisions,then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten(10)days after passage of this ordinance,as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1996. III MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1996. MAYOR S G:\ORD\CASES\480-195.WPD 88-10 Page 4 ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: tEFFECTIVE: i G:\ORD\CASES\480-195.WPD $B-11 Page 5 • EXHIBIT "A" PROPERTY DESCRIPTION ZONING REQUEST-SF20A FOX HOLLOW All that,certain tract or parcel of land situated in the city of Southlake,Tarrant County, Texas and being a portion of LOT 3R1,BLOCK 1, CRUMBAKER ADDITION, to the city of Southlake, Tarrant County,Texas as recorded in Cabinet 'A', Slide 807,Plat Records, Tarrant County,Texas and being more particularly described by metes and bounds as follows: BEGINNING at a '/z inch steel rod found for the Northwest corner of said Lot 3R1 and being in the east right-of-way line of County Road 3123 (Shady Oaks Drive). THENCE South 89 degrees 08 minutes 00 seconds East with the north boundary line of said Lot 3R1, 1058.28 feet to a point for corner; THENCE South 00 degrees 52 minutes 00 seconds West; 199.17 feet to a point for corner, said point being on a curve to the right through a central angle of 21 degrees 47 minutes 53 seconds and a radius of 55.00 feet; • THENCE southeasterly with said curve to the right a total arc distance of 20.92 feet to a point for corner; THENCE South 70 degrees 08 minutes 56 seconds East, 224.84 feet to a point in the Easterly boundary of said Lot 3R1; THENCE South 00 degrees 09 minutes 00 seconds East with the Easterly boundary line of said Lot 3R1, 210.20 feet to a'/2 inch steel rod for the Southerly Southeast corner of said lot 3R1; THENCE North 89 degrees 08 minutes 00 seconds West,with the South boundary line of said Lot 3R1, 1,275.10 feet to a'h inch steel rod found for the Southwest corner of said Lot 3R1 and being in the said East right-of-way of County Road 3123 (Shady Oaks Drive); THENCE North 01 degrees 05 minutes 30 seconds West with the said West line of Lot 3R1 and the said East right-of-way line, 494.20 feet to the place of beginning and containing 13.233 acres of land. • G:\ORD\CASES\480-195.WPD $B l2 Page 6 \./.2,-I 6.95 Ac 1 T-T--- \. . ,C; . 1 __ 111111 .... 1, 1 i .K. -- --'ep IC . , rTF isi 1....,..vsOf .... • ......... . 3A2 X ' 1 1"-, 1 SDI , ..• ...I! . 7A1 IL • .. ici I 28.73 Ac .." - 182 4.9 Ac ,184 7B .•-•/ 5.14 Ac r- 24.76 Ac i , ....-. '/.. IE2 .. • 011121 ClegealliPM4kiiim 2 IG3 - - ' .A4 •4. A WO ....... 102 X 1000 L".7)-61714'k'igt-" - 1 sc /1„..5...i 5A1 J.-.011ES [3. nalii. ..Tom i ... A-1134 '.. -9.•ffi ._.....___._ 1E f ° TU. WW1 101B .. BIA 18,A i \ 1 plA W. Chl 7A5 1B2 SURZY A-f1071 ) ! 3114,11EY A-350 7.14 k 48 4A 4 Ac 1;;; H----i-?--------- 8 - 3( 4A1( 48 1 462 Il 1-4C9 181 ....... BID 84.22 Ac Ill 2 A1cC1 MI 35.19 Ac - E. C .ViiWt, 0155 , 77 Ac 9.03Ac - 37.8 k 15. • • • L 4.3 Ac V 1,i2,2 czy • 1H 4 4- IE NM , .,,,,, 113 . ' 1 I a. ;.; ,...7,7, 4,,,o. „,.2_,, 3.85 AcilligliM EAST DOVE ST. 1111 IB2A ,... 182 7.36 Ac H t :grim 2.15 NI ..--ii __ _ - 61.2 Ac-5/. VEST DCVE SIM" I 1.1A ii ii(4,4- IA3•;; _ d - ---- _ - I. IN ma: IA 1 ! 1 ! 1 LS\---i- , - , 7...„ 1 14 i i 18-93 i ! I 1 AI iZ' 011 iil o_rj‘• 0 1 -. 049i 1 I Y , i 4 . 11.33 Ac 1--... .___ ----- 4 % i t offi 1 . i,________,_ ,s ..... 142 Al - 1 i 162 Bitili449::illy i ! 'ui.144' ..r.).0. -T-.- [MEDI( __.-----..; :-.1. -,. army Al-72 1 m s 0 1A1 J. WEST SURVEY A-1620 ' CR 1 IA : H8C,.6045 Ac . 19'1-5.9 Ac ....:. ,.,7,1:. _ .11114t2,,,0•2111;m4 0", ,,,, ..11"' _ L 01:e- F 00° 1. --- '01 ri 1 101 10 At 2A2A CiA ri. . 68.7 Ikc 1 35 Ac . ! .-r •‘ '. 10 k - r.,to 1'. -. i •/ 1.•Ef • • i 1 13 Ac 1A.3 _____, PI° 6C , 3A4 a 3A 3a 1&ic •Ag 6 . , . •_-, .... • . . . , a 6FI IiCi 1 3 3 LA,1113KORI H. CH 6F 2 011'• 6A i i ! 2G . A A SURWY A-300 I 1 i i A 5 IA .____ 0.0 2J - - - i A, i .\ \ t / 6G2 A 56.33 4 "Li : • i -• • k f 6G 1.3....• --.r.;:1.1' i i li • / 28 • - 4 k r t ___ a: ‘ 6G1 (St , 6J A174, ,,1 I.2F pil. , ./ ,t1Pi.nrcw.a.r.i.,:ank, 3A2A i9ty,_ r , , 34.713 3A2 WO. 2E1 !' -j-----1:4? I i i ,0)(4 111 -;•- 1 1 3D 3C 2C2 .--.-01.---.-_.--- II• ! . \ ) 30 i . 7719 4/ ,4 N5R9 i °4)12,/382 GP,• i f liz---I AI DO. i .0 t i -t. fri0 3 3A 2A ,,, 25.4136 k NA 3E Oa .AGg5911 8F1 8F 8G 8D 883 3E1B 3EIA 3E1C .----0: E i i 26 Ac fa- ' *--'::- , I 8C3 i::7„-- ____.: 130G141 I 1 • I 8 8 ' D D ; - II.- ._._: ._._. m . CU i TC10 /IA. ..- r•V1 -HO A • • SLIMY A-206 1, ' ., ‘ 1:41:11's‘13°) -8&.1 2 1 KU HIGHLAN 7 SWEET 8C2 884 1, ._. ._, ._. I-1 6.53 Ac 8A • 118 6A4 4A • 8 r- --- i 8A 8,41: BAI6 8A 8A8A1 (4.0 .8 8A5 5A/ °B 1E1 1 F 1132 LI - 1 •- 11C IIE 866 8 A 1 A 2 ''33 , - r. A 1 • 8A8- l ea LIM. ti,t( - 5 : 6 . e .„,..3- ,ri-1-1 5 Ac : t. - 1 ! ! ----- 8A15 elm 1 /N., ,qr, i I 1 1 - 11 8A2 8A1 8A9 8A 9A _ , • i i, i 1 • la* .--,/ . CM: Ii ii lj L4LiE 0 A :. 11C2 IIC2A 1IC2 i- \ 11F - ' 1 1 1- '-'\•^K. - is 9...-• I I 1 1 ‘. _ .. ' • / / , , ,. I'-ii-IL'IL--81•---• 6,4W'i - - ' ( i ,/ 110 ;:.•::.•; • • s9* .\ 1.1•1431MINIL. \ 0 11,,,,:, • .1-i ri *-4 E-. .4 01 1*-71.',. -1-- • i F3 i \ \), 9.0 ..', ! ! 4410, •-r....,.'..\.. v..4 .OwleVluair_Tearo:, .-5..... •P.r..es-' cf I .... I i I ! 1 i ; ! ! ! 4,,,' f•-• .. . ! ..... /1-1,,• ___. ‘'TIT 310--' N.---‘•-•r-L-f-i'l* 47,-..../...... .1 -!---..,-i-' 20 \ I 1 i 1 \ TRACT MAP . , i i • , , ,:,;. ! • "" \ A-1-1.1717-L1-1-1-7-7-7- If...) -"... i i ' '• .1 i i ct ".:':.! .,...v. .\ ! ! ! ! ! . ! ! ! ---,-.i,.i.-•#I , . if Litj IF REO ... t. -mm3 IA Ell i i I i• i i i ' --. i i 1 :o 'I- • \ ill ii i "I•il \il --.1-,1 1.1.4-1 )-• :'. ill 9C 8B- 15 z A EL R A- ',.. 1 I '....."7-ri. I-4 ,• ......,..--.. ., -1 t 1 -T 7 ., ,. ,c,, g 1 \ ., I • ,,...4(//0 ,0.-4,...., ,.,=. . 12° g I r.'1 ••V.,;.ra....7' I : ousort,....cas trs s. ,„„,lart„,n,„, , ,,•21-121£CURVE 1 ATA '7337211L-1,81=731171ZEITO QD IN 2 o.s. I AG voMtli." MR13.0 00'CEEEMIIIECCE FOX\ hilEt,1 '''.1 1., LLD-1.1213 Led , 1 ;. lel LAO-APED USE M1110000 IIIEEIRIELIER Map ce ow MFEEMIXTETEI '17...4" N.K.0,..11)% ' ..... .• 0, 1101L0 V , ( . . ' 1 • I ... - • 1021.12. s C2-1 fSf*, i' 1 I , , 4- , ,'IN -----',--',.. --:".w- -. -1\ 1) 1 1 1 • \ . , ---"Pi" .^.,,-... '', i - - -_ ---MP.- --._ROM amsa_ , [BLOCK (EOM • . I • --- NN''‘`, ,1.'',;'' rF PI poi , PF121.02ED EIF20A LOCATION MAP i ,ssmf- I ' "'L.\ ---•--•.-..--__•••'„, L `,... I \ „ ...11..1<\ \, ..l...I f".:-.7\--I '..,,, • ,.. - .---- PO- 7 - 12000 Sr. . • 'A.., '\ ..,-,..,.,.,, A 2 11 ..0.3„. 1 4 1 3 1. 6 1 '''"• 1 a 1..., , 22354 sr. i t, 2 22 -•s- `,..,‘;',,, 110-12122231-032 1 ii . ,:, '', -' ‘,\ • ....,-..,'.-2--- "...”•• . sL .-/-.....".-• -.. 20.000 5F 20.000 SI. ." , 3 • • I 1\ .) ''' , ,\''. , '' ''' . •,.,.-:...,:s z,_... R \... • • '• .4, • \\ %AA • %\l,..\\ '''' ., I 0 r( \ \`...\:„ ,, . .< ' vA.•I P. 's i .-• •4,4, 2,/!' 40300 5f.' --,,;;----->---=.,-,, -7,-,-,-Fox GLEN 14-4------•-',--sziz_. -- ,,, , ,,:s.4 7*.: p,,44.0.1_4'''''''''',6-0- ..,...;:k) ..ii"...• Ns z ( 4t8 4 2 .". , IIIIMIIIIIMIIMIII. IIP\ ''''<e'l) 4\ 1 1 Tob4...ZoRir.•,..,. ...ft:7't-"'?--.. J'. ol i 4,1, \ .,t... 2.0,4•./ , I /".' ', \ I, ,,• ,...._..- ,'"..... \U..--. '-'''' i )% ,..: 'S't-- \ '.. 'l ' \. sa ..- ‘..--1.//''.--N \., 6 2 5 0 9 61 fi POIP e 113D,A.II us p.. "..................-,,_. .1 ,,... .., . . . . , , . I:B•g AG )333.&r • _......._....__\ \),' LLO-WD W - ea. i N,,,...;:.< • ir----- ,/ , •, . n ----•-...-. Cammooso,tsc . 2 vcro.....n), ,,, •.,,.. \ , ,. 30,023 sr. ---.....Z•• --.„. 1-,......_./: --- "--...-- 1 , . • • , .., -,.. -.1 , f4L'- , t - • --1----:.:2....-•,. - - -1,rits----L,- --- ,,.,,,-.. IL_ F,..... i ......•_1175.10.\......_..../ .1 \,-----,)-/Ar. T '....'.›. 1 1 '` _\-,...„./ -"--\,.....,_....2 ' 1 12;14. ' 00 -- -I 1,-. . 7 -1 ......... ,:),,,,,,,, - .2 0.'•at_ ',....\ '1 l //,cs\ . 4 / 1-. 0.5'\ I o so ?_...i_r... ...._,,.3 1 II s6b., I \.•''' -, OLT.A 5.;\\ \ / !I Ora.Pos A Ara 40 g \ \\1\ RAYTHAP PACT / gri I P.IL-TCO-Te. SFla .: 1.1.0-LON IllaarriEsCelitaL CONCEPT PLAN I .. o,... i FOX HOLLOW ___I WIL-SUR FISNRY CRUMBAKER LAND USE DATA A REVISION TO /P.M TOM T1242 TOM - I LOT 3R1, BLOCK ONE . _ mo. ma' 1 OmOss e•-•,•'--1"Th17.17,117;' 0.2.24P I LACT5 COM, AOICACE (AMENDED PLAT) TOPESITTECSOVIION PIMA PROPeFMMEt ous..2 II 1.3 13.2 . CRUMBAKER ADDITION 1 r 1 PL,.1 1 , ll II,.......1.-,_i__-_,_:.---,. . : AM EU 1•14,NI el that essta.tr.an peva of I.Avatod In.Oty al 5.1.4.Tonal Canoly.ts..Mrs.•parka•I LOT 321,POLO I. too 2 Scams.02 111.P.PIO AN ADDITION TO Ill i CRIAIWAER ALCITCH la.C/ty el S.M..To-rsot Counly.Tom.as ncontasl In CPI.A.5.aoz Plal Amara.tery.AA I Saln•Art 1Mak•MPH Ca.ata Taxa.arra 0.0/M.frOtIkakaly...be by goo.tad baunas as d... THE CITY OF SOUTHLAKE•0 1' LB 2 P„ft...„.z.e 1,1/1 h,chAt red ra Dr en./4/...st erraar•s•ams LP 301 c.Do1sq 11 Ow opt Opt-.1-ety.al 1•••••, TARRANT COUNTY, TEXAS L ' cos,•••./2 • DEVELOPMENT scanusz 1 AS RECORDED IN Than.Ssam 50 on.u.CP enIrtatos DO spa.Tao OA.MOrth 000.,11.•ta1 pia Lot 3,1I.1052.25 last to•.1 Is.....; ..J.EL LEVITT . .7',E6tIk!".19,, I JEL",",tor5i,IF ial:25 L nano 22.00 04...52 in..CO as e...1.MP het to..1 ..oS he .rel pint 0.0 el .I.WM M101 0110.•‘0110.0 EINGIINOMERSS,INC CABINET A.SLIDE 807 9'40 01 21 door..1 Phu.53 sassoda Pa•est.•of 5200 I440 =TIMM - PLAT RECORDS,TARRANT COUNTY.TEXAS ,...,... ..._____• Own.5./..../../1.2 PM sold cu.to Cot.Ma MVO a total Dec diston.of 20.22 foal to o',atm for loon.,; ..-,•-/- 1--• T.M. HOOD SURVEY TUAn",_ GENERAL NOTES I.um,.Los SAC•sOAco sr. Than.South JO Mgr.00 snloul.50 oseands Cast 224.04 foal to a DoInt lo.Easterly boundary Of seld Lot Mt me om•cxx smut smss to. S.Mart BANC Alt.Is rut ABSTRACT NO. 706 Y.$';-2)- 50.../..PPS TOP (Pp.-3315 3....2 IRMO 94.12 UOLOCRCIAP PRESENT ZONING -AG• er:ci/r,,".°24:174::r"Z":t.o.00 ntel.t='5Z111,2"11%."..4Irrhr rontd/1111r5,ZUVot'c'onjo:::,,V.E 1.!:,! 'rf.rru,,...cm-- LUD-MIXED USE Oortpara, I EXISTING USE-RESIDENTIAL istf:41.T....7,:,"'Z.r.4".:g1:,?-":r.Vn V,':::,r.1,".;1174-4,V.It11:4M,'"2.11'111,4 7.1,',231'g IDAVIO C.MOAK ElUliVEY01.18, INC. 5.JO 1022111211.1 10 101 MP. PROPOSED ZONING-SP20A A•occa new tart ID Sot N••• m.o.sox mu 112.•Norp 0 e•1 ao. 05 tolnutp 30 sponers wool.rth Ins•41.1 sost Itno of Lat 311.the saki apt r1011-0,...404.10 .o.Ty. ..,. .prats215.120235 WOOD 1...,0 13.233 ACRES %et le Ns place al 1.1vans and contakOno 11213 Pros et I..sears yr NI. .17-no-IIII I ID LOTS 25 FEBRUARY 1996 00.00040 • .. ... . . MEMORANDUM URTIS E. HAWK 96-23, PRELIMINARY PLAT ARCH 29, 1996 PAGE 2 Lot 1) 2) forgiving item#10 (a street stub into the north and south lines of the property) 3) forgiving item#11(cul-de-sac lengths may not exceed 1,000') 4) forgiving item#12 (Lot 9 does not abut a public or private street) 5) requiring the developer to provide a 10 ft. wide equestrian/pedestrian easement along the south property line from Lots 10-16 and a portion of Lot 17 that will be dedicated to the City. STAFF COMMENTS: The Applicant has met all the review comments of the Plat Review Summary No. 1 dated March 15, 1996, with the exception of the items addressed in the Plat Review Summary No. 2 dated March 29, 1996. KPG/ls G:\WPF\MEM0\96CASES\96-023PP.WPD S 8C-2 AC .4. SDI i I ICI I CI Il 4.9 Ac 28.73 Ac t. 74, 1B1 1B2• , i'• 1 5.14 Ac �.• 184 24.'16 Ac i .o.r,„'-). :2 1E2 1CJ� 1 OP �/�i�y � 7A2 bilk RD ,D2 ,C 5C r�g�5A1A B1A 1BlA SLRIEY A-I1J4 1 i 1 1B18 g• IE - CK 7A5 182 SURVEY A-1I074A Ac! 181C 4 i 1"" ! IF 7.14 Ac 48 1, 1C1 ICo 1;-., C i; 14AI 140q 482I 181 •� B1D 84.22 At 2 Ac I 3.79 At _, w 35.19 Ac d ~� 1 ii O ��[��rr��'I s 3 ,t 7B1 J2.8 Ac• �� 13.77Ac 9.03Ac Clki �� 1 IB - ` i - 1H 4 ,•l 1E 11 F- 'pr:SO 81 182A 1 1 �O 18 3.85 Ac DI z I I ��• • 6 ,61_ EAST DOVE ST. ,� • lik 1B2A1 182 7.36 Ac A Y +nt:'sr Dc .._.._, 12.15 -- 1� _ i-TOPIC ! — 61.2 Ae- . _-_ _�— — _ D� 1 Ac i``.T 1 -/•'1 1 i A i ; 1038 �f ill - iii 1A i i i i i {I ID 1 ..... IA1� q^, 9" --- ;r_ RD i i ; 1 I j 1P4 • OP i i ! ! 1 it: 1A2 11.33 Ac 113 L'w I I I I --±I 8.645 Ac 5,9 Ac 11 1A2 BRITrelY CT V .i I {N N- i,olg *^fic„-:,.....•• 9•1 • - .. SLFICY A-Tl r SURVEY A-I6T0 IA A• 1 i I J 1 i"• a•�}f1' t ! G ....... . _ 1 ,_, 0��1 R40 2A2A G�il' I 68.7 Ac 35 Ac , j Pi1D1 10 Ac - li _.`� \ • 1 110ir i I 10 At 2A2--Il'1,.i 1.._.,. i • 1 2A3 '•"� `\ 13 Ac / \ — ®,PI SA4 I 3A _ z,.,. • 0,, 36 - 1&IC ' i ! i ZG 4 5 SLRIEY A-.SOD A 56.33 9 o j 2H • 1 1��[[[��•i�1- (� _, 6D1 II.SJ. 4 i � • i g 6J 142E P�-I • QQaa ` I LY '`il 5• , 1B 12EI t(p i i i ,U 3A28 3A2 O __ 1 i r i i , i 7 17) j 4.1111 aJ &1 1`^ 30 1 O - -- '° x cN►DES R2 wF 1 i _,HR 3H 2C , 2C2 QURI'_ _._.__.--_. �� ;,`.'. 60 1 1©�N, sr ' i 15 • n AD — 2A ;' - • p K 25.406 Ac . r 't'jlo� J 3A --•/-�-•'C - 6F1 8F 8C 80 803`1 BC BCt -'f - "3E18 3EIA 3E1C C 8 B ! N 8R A ` ,I ' T. m • 4b®Nn A.5 nn MG , R�z�p 3 D 6C2 ____— ~?1•- __.1 r'-.-.- SGRL£t' A-706 y NEST MIGVIAN.)SIREET .-_- 1-`- • 5.53 Ac 118 ':� \ BA 8A76 In BA8AI (� 884 '� - _ •J 881 �C j 11C AE 1 [� - illY 5 Ac i4- -1-- i ' OKAism MCI 5p 55 9D _ ;F � .__. . • I I ®s4, ...,......../exii , , , , 11wt0 DJ , 11C2 I11C2A1 11C2 1D {' i I I I I �..A4. 1'I( • _KA, l i i 11D C:,. 9. - Jo '4 %Di \ n� '' i1i i 1. 0 mn . I I I I I / i ! j S �•� i . Ii4r t} TRACT MAP ,._.1.T'.,1.i _.4.... � -�Yy-:: 2CICI •\ \ y,.L l_-, � f✓'T 1 j"TTTT c.' ! ! \ ,:..a•r,��.T: cnn:u�A '1 ® 11A � [• • ,•g . ! I i• !• r-,. ��1 �FE M i i i i i 1i I 11A2 $/�'3 N.:41:-,-- . .. 1 i ,.}rL' 1 I I FI, t,T.-.. L.,--iL T+.L.T.Z 9F 011..� +._ ._ _ S i ; •/ I ! .:.: I i .'. --.4-^\„ i •7--i.y.A .\ ••,... - . L_i i i i i i -g r i- . "" ` 5R • 1 .00 @ "SF-1 — • • SF Alk— ,: . . \ \ 0 "AG" . 7 1 N -1 2 i•- _ C. Shivers J. A(-N J. Utiey•11AGIITR 1A1 vT. Eiland j I J 24.925 AC o • �� SUP 1 a." C-2„ A _1 �� C. Crumbaker iN 3 .3 . /1 : ::mGoodman •� % / T506aC • s ` , „AG„ 00 - \ c� J. Davis r . T. Giosser — t2 ' TH 5F 1 c "AG„ _ • . 4. 1 @ M. Jones7 E . V. Tucker L. Young 0 \ u / \ ` ' Y. ,4 k c>53 • • R. Hinman i J. Nanson SF-1 A SF-1 A 10 I A - r 1 y = f3eF. wbu P. Wilson..SF-1 A" )(/ „CS„ RAVENAUX ` V V r A6 L a s .63 AC 3 R. Maness _.._...._..-..---..--.. I \• 11 Countryside Bible Church w ill - O > F �, 4 / 9 SF-1 A - S. oo., a • Spin #11 Representative s. ADJACENT OWNERS Gary Fawks i AND ZONING . A 0 '14 I • . i ..1,i,1111 '1 p.m._ I,(onigAIS) ,ok..99,, : , AO I / . 1 ,....../41..Loratr,...., c1.02/TITN CONY ,17:„... , ..„.„,,„.......,„, (3) 1 i liel i 1'y t., UM-IMO LEN i '70942:." ' I I 1120•014Ducle , .5.oa 00.200.00 02.84.MOO' 2 45.QV tg•20000'02 eV 107.040 1 2,9 59.31.90..15.020 09.29 MAW ilta 091,192191,N1y) '`... 's `3> FOX 9011011 1 \2 , , • ..1415”S•rtli/Ner-A•00.1003.i..9i i "••= 17C--77,j---‘-i......./=4. v -- T.--..-. Troc,,TErter•Aware- ,,,,,, 0,0;1? 1 SSSS CD\\I'l ' s• - ----.------ ..--"•!..: „.,„1 , ' s\ EILIIIIII 1101 \\ s 's, .r,,,,, fj \ ?•q,...• . ....'41 ......2- --:....,:\ , V s .$0,%\ .' ..,_\•, % •. ‘••• . . _, PIKNEIED AF20A ---------- 7 .., . PP a \. . <N, ..•ttc.te,..,,,..,, o_to..,,,,.:„......, ...,..„ LOCATIO MAP ',',\s„ . ,.....A \ -- ,...,.,,, it I 11 -Moot„. 1 4 1 5 050- w ' i''''2°:‘"'r. 11 20.„10 Ir. 1 \ I t" ',-, --- - , , \-:::,..z--,,. .... 20.050 gr. . 20,091 SC - me,v. li pop v., -,s \\ ..\,\II,.•:‘. j wa-kixeotee ., ,...., \ \ •••• ".•::.:- , `,....-..".•"-• . • .•.-\,\. : 4...• •\....,.....:,, ''''• '• s ' s \ • -7.-"-•:..1...,,....., -- '-Z".--- -- •-- -- -- -- -ii..1--',____ ., , --....••••. •..1,. •zs _...S.>. '\\, 111 s., FIFA i .•Z, . . n AN'•• \ 9 Le,.,a ••• '‘f ,\ .7.____•:„. ....-____,..,,,, ' 1 ‘ Ii31 I 1- ,pv 1\ _ _____,...._7:_--'•,. .".....-.=,-FOX GLEN-44-44------ .' 1 2 I • ,, •' 1 ' ,,\‘‘i \, •.., ''-',.-, - -,- , ....,C", I /.-' ', \ \,. . N........... ".......3-•:" V r/ •, _. „......... --..• --... -....... -::---,- f --p-,,,„ • ,, . /4 --2--_is ILMIII 191:13 .....„..• ..-r., 20,-• I I) Naha 1.11.11777..e.Cr Lrt 0 I fi \-*, '' • ., 41 .... ...- ,, -..., _:. ....,..._••••• -----• 10 /2 •...:-.... .......E. 01,50.1 3./. Pa 11.1.1.0 Z. '1.127'712r' I 51 AG ' r:25 g I i \\ • lk„ 1 s 30.000 SS. 30000 SA il 30090 50. i.....--Z-..:-...., . IA UX3-10ZOLSE •...to'48 •r---...„\\ s, he` k -- -z , \ • .., , • . I - , •i .../ , ; -,......(..:_\„, . ........,.. 0,3 , .,_ .......... \ . .. , -..... '-,. I ,,aroisoe r-imp , I • -17.-'1-':,>4 „. I .., \ 4S," \ ''. \ -..., . _ . 1/1 .".':" 1r 9 la v. ''‘...,,\ /7 -II I II '''„ 1 I -- 4 .... t \ I g 1 I II ..‘b-, I \or \ \\\ ,.... ... ...id g 10.0912 A / 0 ,\\ !I I Pelph.Sryed.m rg., l'Ef'il I PR02..20 PlACT . / 4i l 3.3.390.33. gI LAM-LON Ms&Ni3Mmi1000. 7.1 1 PRELIMINARY PLAT I . . FOX HOLLOW J Onion CRUM BAKER- - -- R7.1.at.a 71 . LAND USE DATA A REVISION TO R0747071.TOW 71111 TOTAL LOT 3R1, BLOCK ONE , RO. N(1 C/1021 Fromm 0.101TEN ' 1.4771,17. MITS DENSITY AM.. (AMENDED PLAT) LW 201.1U:401 PIMA pnar-mFmae Salad CRUMBAKER ADDITION AM 23. Pow' . 10 13.3 0RV:40"000er0000000e fhraocl'StolSIV1,14•1=.1.37•TotIoL.ZrInt.V.12r0V.11oLtItofr•s•Coni NO to 111.7.71 111...1310 =AWL 71.7.A1 7.1 . PDC( 1 01 1.1 AN ADDMON TO Caualy.1,7777 end.Ind.more per..derty dater.d by.1••*and 17••••••as... 10-329-0. THE CITY OF SOUTIILAKE ,,,c.rj,,,,,,r4A,,,,,zlitztztri,,::,,,r....1:17.:r.III.10..1 coar,••al 7..1 3•1.1 17•71.In..71110171.7.ally 1.a/ TARRANT COUNTY, TEXAS F..,, barsoors/Plaseor• DEVELOPMENT SCHEDULE .? ,. ,...1• 1 11„I.f i. E20'..`lav°I.v7i.t. .7:1":.Z".',=1.7 :'..t°.`,tr.':.:TV.,' .14/.1 . RECORDED IN addltlan.•871 7.7t.1nd on•eas.lo 1.hal 0..70 a 7.70...09 of 05 0•••••34 r711.7171.2.so..and•••••..et IIINCNINUMITIII,INC. CABINET'A.SLIDE 007 . . 2.00 foot. 1210151r1010 - 91•NNE215 PUT RECORDS TARRANT COUNTY.TEXAS . • '. •, .. - 1.70.0• .71,nrcV:Ant:i:nt.i=a.t 3,?,i'sgv.,;;PITA.Mlitt.=liZ,?‘",..:Zer....fri:riAt'"..'s s--) 1--. GENERAL NOTES 1.MS.LOT WC•20092 50. T.M. HOOD SURVEY 7111 C0177.0701.1=17.77Z 107 2.FRC411.17.112/110 IlNi•15 ITO. ABSTRACT NO. 706 110.1.,..n.,L.,..7:....,. 00./conas w.st.113 a tzunan,un•ot we.1 301.55.00 101 to•3/3 IncA/94 red 9.9 441-2313 3.22.11.9.0 510129 toc00190.5. PRESENT ZONING-AG re.:77/53%,TA°24:17.t..?Zu.tOmr.3.tiATZi's:74,,II,`,".•°''.4°:17'11%'.,11:,."%:.':.'°.,':,...r.l.Y11°,[•.::: ,,,,,, 41,1°A"'jr,I,TY:.%"2.1,7A.' LUD-MIXED USE EXISTING USE-RESIDENTIAL ........- _L" °AVM)C.MOAK SURVEYORS,INC. 3.10•211.13 1117.1.110 FOX 0.07 PROPOSED ZONING-SP20A&01 Wer..11000?/;10r7013i;Al're:VII:ruir/VA":/i.0100.L4r.2...!0/..IN.:.IA‘.*/10.V.373 P.O.101 11.37 1./02:231,10111.07/TO.114 VA 14211MOV33 4720.07I UM M. 14.379 ACRES pq6_073 '`:;..rf.r,;r" 711w.aorta 01 degree.03 rnInul.30"M.1.1 wan.sald•••111n7 el lad III pad I.7..1 0071-41,7011..114.20 IQ LOTS 1101 le 1.place of 1721rada•and 7.17704 14 371 17.77.7 of land.mars da I•77. - 23 FEBRUARY 1998 II I •- . . ' • _ - • r . City of South lake,Texas MEMORANDUM III March 29, 1996 • TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy,Zoning Administrator SUBJECT: ZA 96-24,Preliminary Plat/Timarron Addition Golf Course REQUESTED ACTION: Preliminary Plat for Timarron Addition, Golf Course,being approximately 138.463, situated in the H. Medlin Survey,Abstract No.A-1037,Tracts 3C, 3C5, 3C2C, 3C3A, 3C2A, 3A3, 3A3A, 2A1, 2D, 3A3B, and a portion of Tracts 3C7 and 2, the H. Medlin Survey, Abstract No. A-1038, Tracts 2A and 2B,the M.W. Davenport Survey,Abstract No. A-432,being a portion of Tracts 1, 1D2, and 1D1,the Barnett and Hollingsworth Survey,Abstract No. A-797, Tracts 2F, 2E, and 1D, and a portion of Tracts 2 and 2E,the J. Gibson Survey,Abstract No.A-591,Tracts 2G1A,2H1A,2K1A,2J1A,and 2J1B and a portion of Tract 1D1 The plat proposes 3 lots. *CATION: North of Big Bear Creek, south of E. Continental Blvd:, west of Brumlow Ave. and east of S. White Chapel Blvd. OWNER/APPLICANT: Timarron Land Corporation CURRENT ZONING: "R-P.U.D.No. 1" Residential Planned Unit Development LAND USE CATEGORY: Public Parks/Semi-Public, Medium Density Residential, and Mixed Use NO.NOTICES SENT: Thirty-five (35) RESPONSES: No written responses received. P &Z ACTION: March 21, 1996; Approved(4-0-1) subject to Plat Review Summary No. 1 dated March 15, 1996. STAFF COMMENTS: Attached is Plat Review Summary No. 1 dated March 15, 1996. Please note that Preliminary Plats expire two years after approval. A prior Preliminary Plat for the Timarron Golf Course was approved on July 21, 1992. This Preliminary Plat substantially conforms to the prior Preliminary Plat. KPG/ls G:\WPF\MEMO\96CASEs\96-o24PP.WPD 8D-1 K 361 5;62.Ac 3.56 At • 1 1k3rc /(;� at c1 p�Vviririv:i• O 11,6 Q ELG10 Ac 6 Ac -Oh3 Ac S7 AcD ` �1 15 Ac�'�..- a, I I 221,• ;; � 302 I NIWI rgr ) {Q �01 ...,,,,,.,... ... Cl 2A3 2 Ao1 4 S.`�- :., 3F 'y‘�, � �� 20 TtE"`_— tip..._ — E DR CI . Ak Eli 1.23 Ac M ize ice-, OOP - } 'sY' IVIE COURT EA , n 1 will g-fA '�-- ,y -R�'— ! , , ,,.;/` , • r�� _m_ ®C�3GI�9 FF►1 �/` �:b8iW4 20 1.2.z..,� sdo 5 At 0Da 0 r•^1 ! o ; . . . „lams 5�.7, ,,, 4F II .rA IIIII��/pf�e � 1 V �� I.� •a /�/� alG•. ' ......,.......1„ I A`"•est `, 56 , \ i i i i i I i! !r q4 r I .r :;?.n:,-1 IIIIIIII\ sum"( r, • \"0r� G 1. I i i--'••i- rsu!.�s i i i i FIT:W. -ti�+sDP-1 - TI - :n:v.o:+ult� Y 10 Ae 1'-j _ ?1'i'; ,D �L— AC .. 61 G-•- - ., . PARK { mill 1 --TIT"' ?•l Zi? 1 1 ! 1 T�i — 1_}.-.1.. 11 1A 1 - :).. i `an- .,:,,N 19 ...R,.....� \ \11 1 _sue.'. ;- �'�1 /A___ :: ___________--7---,:—--.---.------- r....,•=.- r,--r-r•-f Tr-r-rT-r-7! I i • 1 i. , , '' . k la t >:n,m7m�U P i i , , I i l + , C % f : * �/ �•ow t i i i rk ,• :ixa7�trl/a_6•• _ I ram` i r i i li : % • . • -i>" • 1 .0,„ i i _ •_•j .�yr• �1 y r i i�: ?.� iR 3263 Ac a 'h TH IP a. ..l ,III:•�I•!_l!_ I V I . ,..,-----1/4 • I i 1 il .i•-••i / A„ . -.11*-f•-•.: tc.. •''',. 00' i i i i \:.,,. 1 i ! • i.,� • • 7 1 • / •4 II •9 ,'; .hRs 1,:. k-----1 stir'I . I !� I 10 tE • i'i'' i J,,�,11/WI" ill , .-.> % ii i Q 61 11.16 At I II '' V • ' co-.O 8.66 At • j / tJ11+" ` 1449.).„Aix{ s 3A2B 3X 1 j Cja1� Q`8f1�' �N AIIJ f I, � 4 1 1 $V 1A ` - { -61 rc �^., 3AA1 a 0 \ 1 1 .� P�At A �,�1,�. [�Q�C bPOG�4 ., ..1 I J _.I 1eo IA2A \ i, _.-4 TR ACT MAP \ .\ /-, 8D-2 e. 0 0 . The Highlands-Ph.1,Sec.1 &2:Zoning"PUD" • • Y Owner P.Wright Spin #9 Representative H.Owens • ' L.Williams Laura Miklosko Timarron Land Corp. Bent Creek: uti,e Ph.2,Sec.2 — Tcav,.®+Ta mow. , \-' Zoning"PUD" tT a =—_: t_1< -- • ,CT II _ ig/ L • i�_._.•� /� --- -I Glendover. Owner ,',.a.„,, ( k• / Strathmore: a'- R. Rumpler :;r)'bm� =.' ,.. .',1 )..-- t Zoning"PUD" Zoning"PUD" W. Hammond : '}-:1— ' n �`•'" :i`` 'J!.._ liV D.Ortiz <, '� A•`',�Y ' Owner Owner 4C,, „4LN,117 D. Hess f..'`• • ,�}" ,.-./' I Bruton Construction Co. • . I 1 . '' , .. Barrington Homes, Inc. • ; I'°° I II Elegant Homes t t m A. Bush • I I -� D. DeMatteo � °11 �` 9 eTq� t ,�, r J u ns� P'- G:Fries N. Peterson s Kenny Anderson ••% ( i, . -..,��MAY ..: y-__r . K. Ryan �\ Ritz Properties !+• " J >. '': _ Timarron Land Corp. / , H. Horkott-Allman f '`°:,; "`"' - Pierce Homes ti •+�ti ',:, Avalon Homes �'" y�' \ "„,+`••, Timarron Land Corp. "r 4• i ,�;a%j 1 J.Slocum • . 1'• I (: c.: r it-J.,. ,mom .. PONT � % - ,�: 1 e 1'�a • .,' S, .arms ri -n-T ' . J. PIACI 2 , W.Gedwed . \`` + P h;. �^ 941g ,i- ,.. , 1 I i ,:it Fx.' G. Mitchamore y' 9 - Il , At li It. n'' �. aA ^r' % e i �`pAY '' •r �t Kr.r. , 7 f '..*.^• 11 •• J I�„ELSDN PARK ',-. ' ,.."rare. ; " •,11 ��, . A l9 aT.\..n' '•,'T- I'..- .. ,i' . ?�- _'`.-T---- --• �, . man attanR • a* l.. �:,, ` u.il`' ..I - °° Bent Creek: y \ -ate:+ • \ ....OF :i R••-- Ph.1,Sec.2 wP• .. �'' Timarron Land Corp. Zoning"PUD" ` y q., ',`L'a 'A" Crescent Royale:Zoning '('rsr' ,� iP - I ' ,C, :I1 ^-.., .D,•._.n� "PUD" ra�artR" �,;• Owner ;-J; 3 °' ,A 1 I `` oat Novo Newport Homes °. -..,- •, \�� I Owner j='1 `0`,3 '''`"" ,` W. Harris ,\_ lr --- ® Kenny Anderson )' . ,,A _ E•_ Klassic Kastles, Inc. Timarron Land Corp. t ;%�' • D&D Homes I 1 ,"t, L.le.t01 • ----- -- man,.,1.n. _ Kenneth Pressley, Inc. ,��"'_ :� __/ v 'I,," .". _ - - rr, Ritz Properties i1 >�:�OiY '^p Bent Creek Ph.2 Sec.2A a • �' r G. Pierce Homes ��' -.-- "� !' r Timarron Land Corp. " ,' Zoning"PUD" --. " 40d 2 - pRri �.� Timarron Land Corp. __" _'`r— `� ^ ry"'z ._ — ,oar;; . �i LOT, "-r-� /' » '•••r.�. 1 �.0 p-•+ i is ;3. :ra3; Owner :21 t�O, I a `'' r�sue- ;��' ,r, IST1 w. `.. 44; _ ./ . .,i!II '3r4` anon Lan a Tim d Corp. '.", n,•, J.Adam - -ram • , �.k-. • -- ['1 -: :�N'tn' - =L=�n£-_.� ,a' ..F" t •' :-E ii _-.t: Jit PREU4INART PLAT L. •TT G.Grubbs _'___-=�{ d-., '``• �'` - '�'t.• { n B. Haddad -a' s_ °°'�;a. )) d _ _ / _ a+•� r `i �� a TIBIARRON ADDITION r Equitable Homes, Inc. T, ,/ a�� ..� -" I �{S GOLF COURSE U• ,A: John Craig Custom Homes ' l'• City of Colleyvillea • • y "° w""` •Zi R.Washak - - d'�`"�,Y'` • '/ 11 11, THE..DALCRPORT SII,hE'Y,AM.RD.•32. T ,>T( 11. .9 I �•— •� `b �.+.1'• ems...• " j 1 AM T.C'LNQLNGS/CO Q BND[TT 31R,{T v Timarron Land Corp. yi �.� ®' A85,„a,,, U, s , • \ I • A N 1R[ ,,� •••• }rt .1 '\ I '•.\ �.A I ` aN I��_ • �, Jr Cr SDUC„lMC TARRA„i Rl)„n-TrXAS -.-W. .N,y ______ _ 1-\ ,SE.•33 ACRES/3 LO15 ., • '^— y'^p��a.wt, - ._. ^�WRKCI1ARTa� I . •j` ;•, '"' ;' FEB 21; •r�� /D[L40PCR: n.....U,ID cORPORAncp -1.oH_.:t.-�..__P_ >_1.4a,�-_-1r,0� D..t tau aDo ' • pr.n.uo—an i �33U ..C CARPENTER IRCE„AT.sun tat! '14----."ev.-�-' -'�n'ao—Sw':._„=• ..--_ '�f7��9Q7 f}?SL'&fta�- a.`v°r:a ..µ i IRMRD.TEXAS »a2 -- • L._ •W..0 C.._. n® _m ADJACENT OWNERS,Y , _ I rn t n a.. R4 (214)721-3332 1.1 .enry.i ,w lrW I S�TT.'t INrD.[D!,'THE d„CCR/SURYETDR: CARTER A BURGESS.PC. {m .•• MU ..a I•r•..:t ..P ti1��Eiribr rTAirnra 0•13: MO 2WND OPr 7950 CWBRDDK DMA.3,111E 250 sm. 17 ,.,,P•r• w•r,-_ut_a,w•t >MIS ®® r-u �gy�Q'� D•TE: `��%j �j , •• �: n". ,1•t -, FEWER- g/J r ,-.24 DAt1A7 O S. 63!-DI.SAS „ -=p _U� •_1_rAP-1:_ rpm. ' r O AND ZONING �•1.,.R -- Aviv' ... •n"w+.•r •I Q' FEBRUARY.1996 N.•r.. n.. -o .,! ,...p.p.• moo no N, CARD 2• l'<Arm'• fn. """- Na r••' nlm Inn ,••••L•• ^r,a, dh Ad+ll•R• T.S Put FILM N CAfuMCI 4IX MO DAM I. ,- 41 . ,,, ....' ----- - -- _�,-� -.wrii,nr, _ cartT.N:NTµ eLw.-- -- ��?tl. i,„„,„„,. : PowT a ,i --- - iiiiip,lir, 1 i.-- Milts-0 7= `if TRACT 1 ) Cgs, c f.- , L l : dr,_. , itell?..4.1ViCki ' •,:, / . , , ... scuE r-xoo' �H � ,E• 111."1":P.51'7— 11, ICS • ^ "_8Ih als•.• `_ ? 1 ) L :i „..e.n.".: ; 3?; • ;PB.f L n n •t,N u - Wu.s„[ d,^' tt+av�'dray NELSON ` ` Iii- '.`��. '1 - •F • Si.S. i ; u .. d _ LOEATIa+NAP _ 7 s \ V� '�`• ra"4'[r Crl4 9[C,Nf 4\ „I r 4r . suratt X - r�1 . 1P•,�..,Y�.`,.y��.. ^. g� ,9 C,.., A ou t Il• + 'I.' r` I • a?5?`�4" .. ^Y. atom r' • l.\i .I G h„i. \ mean AawnN t. a e: 'r,„`.' 7'3,.1`. .,k. . ,,n. ,/a a` //-'h `o-,,,,[�.. . '•• •'. PONT IN _ ,r .wi' I. ',i`.' :' _ 1 • d •\''' . .• ', y i..r M'i�li •}'-.T .%' .`TRACT 2 d a ... r•?ds '�' =i any s r� s ' •./,. _ •F! i i S .�Y -.. RP �•� r 1f ° • �.uw'e�o-sn. • '\. • ',It.. 'L. I, Sf:'' M d J• B ELSDN PMNWAY F F tt.vn,amx • �iiy" �i.,7 .. .G::nv., ; . [[iri.,WAN •w� /% ,+j�.; 7� "l_• e r ' .:'rts c� ism`-`mre'r .es oe i�,...1 1�•1'y_. "'t ' -L j�. �.�•;.." 4, -- I;II �rcf '3• •..Y'' 11 j•�� slalrl.-. o '• .$ti•. /'rr ' om.a..N j_`3: e ;. C• ! !. .,y,• _ •S Roar 1 • I•Js»•. u t 71 'IEFD•C7 i r nn. q3:e• - �� LOT 1 3 ,a._ .• '_-.('Ilia'''. Y''.co e r 'r 43 • • �� % :.I r�`r"• • .i. '. ' (e I 4`.f. r �l tort .• r A y I '4I wA .r caram. a�.[: `% :`.ram,''' a't ,,? 9•",, su � � �I 1 I,1- I n , iff:W.:��:ru i��,.., fir. I • - I' II RDO,] Y� �,`DPW, .- J.L:Ir,i.,.•.;.`T•,Ij ram. 'rio-va , 1;L�/ •4a 'mil i• .`: ) '.,,I. LOT i Kw• d . RN9n fir,. R: �_ (r 4 .............• • -- -:. 1. •. 8 _. 1••-{ LI CHART R� • r'~,ii�ia KW 1 • �• '-- - -1j I .i- A v I. trw4 mnva in OmerI. t. I ,) 1"'- •fir` .%:� ? 'Jl L .nvr.I- :a :::n• ,°•i. 4 _ ..__ • rtxnn mnnrw I _ 21, ;�1 i F`• °*'- • � vr= _ $•k i-_ ems / i, .mac::I, Imw -__ .x.r• -" 'iei-uarzT" Ail '+ • _ �• La `Ln�•�-�._` , _ wn.r.w i.r N yowls-• .rAI. - sn I• 4 •r•1010• mays »T1T• 38•80 " %�-LP l ,[I • ,a I Yin Or 1 T • LP9n.CIDT.,I ,. - \�_ .• r::' /��1 /' • i :--TI-"- -I ^1 " r if _o•.r'• `i1 '�- [, [• art •• // . ..v �n ro n �\ a1 a. a•r,[P•r m •< F ,/ (1, `•Fa`,BN... ,. nA.a. j -o s••rza•• __ Lt. =•rra,-•-" p .s mkr s:d •*[ faSS L ,. ,".1;t-P=, BLcCxx �� n�� W. :_'""`-- __ 9 T mu -=-+•-=�,.�_ _LH rsm r. ,» r8PP,,• '••••••m, .. :y i% Lor l �r-rf .4F.\ iF; o.Irorc.Lmlrc wsc.o.n .+r; ^3 �i%.____•jfrFl t' nor - • ,r•[ 1r t�'sop- .L�� L.> `' [4 , • ,e'� t---- • ;•sS:•..a: i„" _• {'��^_4 5 ''�•••�(•�\ , • • wvT:r` v« ,r..,e-e"�oi»"- _ ------'--PC= •.........'+, _ [„ . t `''1 p 11 `. 1 t' ` rry . , . 1.10 la-.e.r ry_ irony=i --,'am. ,___ .1..:'. . . 'L ��. 'xh'_,1 E I 1 •L" -- •"" - _., :-' Z i.'(.. `�s 'y..•\ - " .,`r', •"'rr awr'61L-:..d ," 1 PRELIMINARY PLAT 11 r0`.arr i Lr _ T n�_ a al.., X __ 'n [i '"r\ ' tta..o. - ,�% ^i cs , mo.'.1 1'= _ eo'.�,r'.�-•.•---_ /..,e. '+'\ n .Nx:.r-ro..si ''11 Ii TINIARRON ADDITION • »nr 11 J• or d ?y o e� _`\ •`� ' ♦ rL, �•, .•...a.fl I ik r .B.PnAN«.=I GOLF COURSE ,rs Oa r+•sir J-�" 183...,ii ssco o , sy :4 '\ r� •.i.'y;S•'�/ j 11 L nx Cur a ra w-7v_r r -'-4: ----rw --- ,r3 Ls, \ N.n ,.\ ., - •�_(d'+^"`.a-.. • ..r.. - wlaL L[ttw sORKr.ANSI.Na Iasi. _ v,rYa'[ n,• .N• ., d'\.• .•� II 112 THE Y.DAVENPORT SURVEY.ASST.N0.°J1. i ,.�ir.� -,i 1-is ^m3,>o _ <y �? / •_ . ['• '� Y'_:�'" sa L I1 Y THE iN OBSON 9rRK,:MST.NO.591. a.",', "m__ __ .+ •, % \• 'r, .4"-y '•„'.r AND THE NaursxcRTN�eARNEn 91rKr LsT--r• -�in— __--im°_ \ i \ \ /t . + u MST.Na 797 , VD!•»• •• I.111ow,• ,t L� I__ t r a souTNLANe(ARRANT couxTY.TE7As us j:"q'" - -- wRK CHART \ -- / .\ I 1]B.163 ACRCS/s LOTS ion:»=»•' - rA.,.'•:_ - n.1[ oa„ �.... ..oro /•• Aim' FEB x»•. b.m. `u \\\ j F 2.3 195^ NEKLDPEIx c.TA:s N LAND coRPa+Anorl w` - I- I ,ir ",mr• - - __�_1tl-•' I MISS S �r-w i z'"•r�m_ wP"7R'.0 TI Wun,win, /6,7016 u . r E C tRHNC,l f0EEW.Y.SV+tE l.x! •.r»Ii i - ...co nR,M•nN HtLiND IEAAS 75062 ' .. Nit»,.-• mvr,r•[ ,ici - 1; 1°*'0O•- I (214)791-3333 ' -l., -'"" - - L �I.i.,_ . -]eom,' jiPY!r.�-•fro. b .+rJ. • -j,a4--i- • II,m lam NZ.1r r 2.T [ r, mr I APPRDKD By 1sK CINEER RKYER: CMTER A BURGESS INC. --n _un__!oi°W jr�orr i.s�rr�_.7rL_ /91 w s.'Tr_• =s._ ,.m -rs•'.ri,.Is ,••arr A. 1 r. ni1"rt l77i•r_ wno.s+r..im.n.,T.a.m a.,m'wm..easr R,.u.m naa .oar .1670a AND ZOIRNC Cm •................ .� 799)EINBRDDI(DfiK.SUM x30 i" i oorsr• Ira_ w._r0”,..s•r". [ .i'w i•-�'i��-w r.r x r ..r r. lI• o n[s x9 w ��_�� DALLAS.TEXAS 7St17 a... y�-��-�=W v +n'.(y..o .mm"'u"S��'L w""�ioe nw.o.,.e v Non, • w I s- .r .p __-" _''Tsv."r Ie.*. rrs`r l'gym .s,.m'r ,rr7.� . ,Lem...s..r.I.n ra•1N..AF slw.n Walla..Sass,rc.. w *I.N. (xtq aJa-Dtb a n0.- u.s. r.v7o•1„3 ' .° 'nu,.r .n.• �o.,m°p�'•r•.ra••i n+i FEBRUARY,1996 • i-i--- ! [ x..�j m�i ni j:'.r;:',:' :-nrm • an SECRETARY CASE No EA 3'\ LI- --' aw ' - -' ' j--' -�--- -I -S ` iNIS PUT FILED IN CARNET—9AE NO.__-DATE__ City of Southiake,Texas MEMORANDUM ill March 28, 1996 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator - SUBJECT: Ordinance No. 480-U (Draft No. 3) As noted at an earlier work session,I am bringing forward the first of many revisions to the zoning ordinance. This first set is mainly clean-up items with the exception of the provisions for zero lot line development in non-residential developments, for prohibition of split-lot zoning, and for new provision for height exceptions. Note that the existing ordinance provision is provided under the applicable section following in this memo,and the new language is shown in the attached Ordinance No. 480-U. Section 1 adds the definitions of zero lot line and party wall. Section 2 add the conditions when non-residential development may utilize zero lot line development. Section 3 corrects an error in Ordinance No.480-0 where 3,500 s.f. dry cleaners and laundries were 41111 permitted in Section 22, "C-3" district. Ordinance No. 480-0 cited Section 21, "C-2" district. Section 4 combines both side yard regulations (Section 29.5c and 29.5i) into one regulation in the Manufactured Housing District. "c. Side Yard: Corner lots have a minimum side yard of five (5) feet on side yards adjacent to interior lots. i. Interior lots shall have minimum side yard of not less than fifteen(15)feet." Section 5 deletes Section 33.15,Platting of Property Not Properly Zoned, and adds the prohibition of split-lot zoning. The deletion is recommended in an effort to establish zoning and platting as two separate developmental processes and thereby aiding in the determination of the "vesting" of development regulations as development applications are received(Section 1, Chapter 481,Local Government Code). "PLATTING OF PROPERTY NOT PROPERLY ZONED -The City Planning and Zoning Commission shall not recommend approval of any plat of any residential or non-residential subdivision within the City,unless and until the area covered by the proposed plat is or shall be zoned to the proper zoning classification by the City ID ,, ,, 8E-1 Council, after recommendation from the City Planning and Zoning Commission. A ill public hearing by the City Planning and Zoning Commission on a proposed annexation, zoning classification and plat approval, or any combination thereof,may be held simultaneously." Section 6 deletes reference to a specific sign ordinance so that as amendment to the sign ordinance occur the zoning ordinance reference will not have to be continually amended. _ "SIGNS - Unless otherwise specifically provided in this ordinance, the height, spacing, size, location, illumination, construction and other regulation of signs, whether on-premise or off-premise, shall be in accordance with the requirements of the currently adopted sign ordinance or any other ordinances adopted by the City regarding sign standards." Section 7 corrects errors in Ordinance No. 480-J (dealing with the height of antennas, satellite dishes, and towers) by deleting Section 34.1(u)which is now addressed in Section 34.1bb (3) and (4) and by adding to Section 34.1bb(3)the"CS" Community Service District as a district permitted to have antennas,towers, etc. up to, but not exceeding 65' in height. Section 8 corrects error in Ordinance No. 480-J(dealing with the height of non-commercial satellite dishes and antennas)which is now addressed in Section 34.1bb (1) and (2). 0 Section 9 establishes specific height regulations for freestanding structures and roof-mounted appurtenances. The new provision would also permit the Planning and Zoning Commission and the City Council to grant waivers of certain height regulations during the plan review process;otherwise, the Board of Adjustment would review these requests as the ordinance currently requires. "33.5 EXCEPTIONS TO HEIGHT REGULATIONS a. Height regulations prescribed elsewhere in this ordinance shall not apply (unless limited by available fire fighting equipment) to grain elevators, commercial television and radio towers, church spires, belfries, cupolas, antennas,water tanks,ventilations, chimneys, fire towers, stage towers, scenery lofts, cooling towers, ornamental towers, monuments, conveyors, fuel storage tanks, asphalt and concrete mix batch plant equipment, flag poles, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy. The height of such facilities is subject to approval by the Board of Adjustment. b. Limitations on number of stories shall not apply to buildings used exclusively for storage purposes provided such buildings do not exceed the height in feet permitted in the district in which they are located. II 8E-2 c. The permitted height of any occupied building or structure shall be • further restricted to the capability of the local or available fire fighting equipment to adequately handle any such building height." On March 21, 1996,the Planning and Zoning Commission recommended approval of Ordinance No. 480-U with a(5-0)vote. Should you have questions regarding any of the above or attached,please call me at(817).481-5581, extension 743. Ml� KPG • • 8E-3 ORDINANCE NO. 480-U AN ORDINANCE OF THE CITY OF SOUTHLAKE AMENDING ORDINANCE NO. 480, THE ZONING ORDINANCE; PROVIDING DEFINITIONS; AMENDING CERTAIN SIDE YARD REGULATIONS; CORRECT CONFLICTING SECTIONS WITHIN THE ZONING ORDINANCE; REVISING EXCEPTIONS TO THE HEIGHT REGULATIONS; PROVIDING A PENALTY; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL OTHER ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City of Southlake,Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS,the City has adopted Ordinance No.480,as the Zoning Ordinance for the City; and • WHEREAS,the City Council has determined that it is appropriate and in the best interest of the City to amend Ordinance No. 480 to provide additional development regulations and to correct errors in consistency within the ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE: SECTION 1. Section 4, "Definitions," is hereby revised by adding the following definitions thereto: "LOT LINE,ZERO -A side lot line of a lot on which a structure or structures may be permitted to be constructed directly on a lot line; therefore, creating a side yard in which the width is zero." "PARTY WALL -A common shared wall or abutting walls between two separate structures,buildings, or dwelling units." 8E-4 • SECTION 2. Sections 8.5c, 18.5c, 19,20.5c,21.5c, 22.5c,23.5c, 24.5c, 25.5c,26.5c, 27.5c,28.5c, 30, 31, and 32 are hereby revised by adding the following language to the existing side yard regulation thereto: "Zero lot line development may be permitted on a common interior lot line where construction of a party wall is used and when approved by the City Council after a recommendation by the Planning and Zoning Commission. The approval shall be pursuant to Concept Plan Review with requirements to be established based upon an analysis of the location,the configuration, and the impact and compatibility of the construction with adjacent land uses." SECTION 3. Section 21.2 (3), permitted use for a laundry facility not exceeding 3,500 square feet in the "C-2,"Local Retail Commercial District, is hereby deleted and Section 22.2 is hereby revised to add • the following permitted use and the remaining permitted uses renumbered to correct action taken in the adoption of Ordinance No. 480-0: "3. Cleaning,dying and pressing works;laundry and washaterias, providing that the floor area does not exceed 3,500 square feet for separate or combined uses." SECTION 4. Section 29.5c, side yard regulations in the Manufactured Home District, is hereby revised to read as follows and Section 29.5i, Manufactured Housing District interior side yard requirement, is hereby deleted in its entirety. "Side Yard: There shall be a minimum side yard requirement of not less than fifteen (15') feet on all lots, except that corner lots may have a minimum side yard of five (5) feet on side yards adjacent to interior lots." S 8E-5 111 SECTION 5. Section 33.15,Platting of Property Not Properly Zoned,is hereby deleted in its entirety and revised to read as follows: "Split-lot Zoning - No lot shall be approved which has more than one zoning classification on the lot. SECTION 6. Section 33.16 "Signs" is hereby revised to delete reference to Ordinance No. 506 and to read as follows: "SIGNS - Unless otherwise specifically provided in this ordinance, the height, spacing, size, location, illumination, construction and other regulation of signs, whether on-premise or off-premise, shall be in accordance with the requirements of the currently adopted sign ordinance or any other ordinances adopted by the City regarding sign standards." SECTION 7. Section 34.1(u),Accessory Use for antennas,satellite dishes,telecommunication facilities or towers not exceeding maximum height regulations, is hereby deleted and Section 34.1 bb (3), Accessory Use for antennas not exceeding 65' in height, is hereby revised by adding the "CS" Community Service district to the list of permitted districts. SECTION 8. Section 45.1 (34), Specific Use Permit for antennas, satellite dishes,telecommunication facilities or towers exceeding maximum height regulations, and Section 45.1 (35), specific use permit for noncommercial radio and television receiving and transmitting antennas, are hereby deleted. • 8E-6 ' • SECTION 9. Section 33.5, "Exceptions to Height Regulations," Subsection(a) is hereby revised by amending Subsection(a) and adding Subsections (d) is hereby added to read as follows; and Subsections (b) and(c) are renamed as Subsection(e)and(f) accordingly: "a. In the districts where the maximum building or structure height shall not exceed two and one-half(2%2) and three(3) stories nor thirty-five feet(35'), freestanding flag poles may exceed the maximum height of the district by fifteen feet(15'),to a height not exceeding fifty feet(50'). b. In the districts where the maximum building or structure height shall not exceed two and one-half(2%2)and three(3)stories nor thirty-five feet(35'),water standpipes and water tanks, fire towers, church spires, belfries, cupolas, ornamental towers (as defined in the adopted Uniform Building Code), and flagpoles being placed on or above the roof level of a building and not intended for human occupancy may be erected so that the structure exceeds the district's maximum height regulation by fifteen feet(15'),to a height not exceeding fifty feet(50'). However,where structures with the above-noted roof-mounted appurtenances are adjacent to residentially zoned • property or property shown as low density residential or medium density residential on the Land Use Plan, there shall be one (1') additional foot added to the required front, side, and rear yard setbacks for each one (1) additional foot,of height, or part thereof, exceeding the maximum height of the district. The increased yard requirement shall apply only to that portion of the structure that exceeds the maximum height requirement of thirty-five feet(35'). c. Waivers of the height requirements noted in paragraphs a. and b. above may be granted by the City Council, following a recommendation by the Planning and Zoning Commission,when being considered as a part of a concept plan or site plan review. Otherwise,waivers of these requirements shall be approved by the Board of Adjustment. d. Sports lighting,communication antennas or communication structures,utility poles and towers, and water tanks are exempt from height restrictions if owned by government entities or public utilities having franchise agreements with the City. e. Limitations on number of stories shall not apply to buildings used exclusively for storage purposes provided such buildings do not exceed the height in feet permitted in the district in which they are located. f. The permitted height of any occupied building or structure shall be further restricted 11/ to the capability of the local or available fire fighting equipment to adequately handle 8E-7 , any such building height." • SECTION 10. This ordinance shall be cumulative of all provisions of the ordinances of the City of Southlake, Texas except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances,in which event the conflicting provision of such ordinances are hereby repealed. SECTION 11. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any 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 phrases, clauses, sentences,paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence,paragraph or section. • SECTION 12. Any person,firm or corporation who violates,disobeys, omits,neglects or refuses to comply with or who resist the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 13. All rights and remedies of the city of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and,as to such accrued violations and all pending litigation,both civil and criminal,whether pending in court or not,under such ordinances, same shall not be affected by this ordinance but may be prosecuted until fmal disposition by the courts. SECTION 14. The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of ® 8E-8 this ordinance as so published shall be admissible in evidence in all courts without further proof than • the production thereof. SECTION 15. The City Secretary of the City of Southiake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 16. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF • , 1996. MAYOR ATTEST: CITY SECRETARY ill 8E-9 PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1996. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: • CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: • 8E-10 City of Southlake,Texas 1111 MEMORANDUM March 29, 1996 TO: Curtis E. Hawk, City Manager FROM: Shang K. Yelverton, Assistant City Manager SUBJECT: Adopting Roadway Impact Fees/Updating Water& Sewer Impact Fees As you know, the public hearing to discuss the adoption of roadway impact fees, and updating the water and sewer impact fees was held on March 19, 1996. The public hearing was intended to provide an opportunity for the public (interested residents, developers, builders, etc.)to offer input into the process prior to Council's vote on first reading of the ordinance. The public hearing was advertised per statutory requirements of Chapter 395 of the Local Government Code, as well as through our normal public notification process. There were no speakers during the public hearing. The City Council at the March 19 meeting approved a motion to table first reading of the related • ordinance. The ordinance has thus been placed on the agenda for the April 2, 1996 City Council meeting, and is attached for review. Also attached is a copy of the comments forwarded to the Council by the 1995-96 Capital Improvements Advisory Committee (CIAC), which were prepared in accordance with Chapter 395 of the LGC. Members of the committee spent considerable time working with staff and consultants to prepare the required reports and fee recommendations. As a reminder, the reports were provided to the City Council at previous meetings and are entitled Development of Transportation Impact Fees for the City of Southlake, and City of Southlake Water and Wastewater Capital Improvement Plan Prepared for 1995 Impact Fee Update (covers attached). The Council has also been provided with a copy of a handout providing information on the roadway capital improvements plan (attached). Staff intends to make a formal presentation during the Council meeting on April 2, and further provide information at a City Council work session scheduled for April 9. Please place the ordinance on the agenda for first reading at the April 2, 1996 City Council meeting. S Y • ORDINANCE NO. (Us 7 AN ORDINANCE RELATING TO THE REGIILATION OF THE USE AND DEVELOPMENT OF LAND IN THE INCORPORATED LIMITS OF SOUTHLAXE, TEXAS; IMPOSING AN IMPACT FEE ON LAND DEVELOPMENT IN SOUTHLAXE FOR PROVIDING WATER AND SEWER FACILITIES NECESSITATED BY SUCH NEW DEVELOPMENT; PROVIDING ROADWAY IMPROVEMENTS TO SUPPORT NEW DEVELOPMENT; STATING THE AUTHORITY FOR ADOPTION OF THE ORDINANCE; PROVIDING DEFINITIONS; PROVIDING FINDINGS AND DECLARATIONS OF THE CITY COUNCIL; PROVIDING FOR THE ASSESSMENT, PAYMENT AND TIME OF PAYMENT OF A WATER AND SEWER FACILITIES IMPACT FEE; PROVIDING FOR THE ASSESSMENT, PAYMENT AND TIME OF PAYMENT OF A ROADWAY IMPACT FEE; PROVIDING FOR REVIEW OF WATER AND SEWER FACILITIES IMPACT FEES AND THE FEE SCHEDULES; PROVIDING FOR THE PLACEMENT OF REVENUE COLLECTED FROM WATER AND SEWER FACILITIES IMPACT FEES AND ROADWAY IMPACT FEES INTO WATER AND SEWER FACILITIES IMPACT FEE ACCOUNTS AND ROADWAY IMPACT FEE ACCOUNTS ESTABLISHED FOR THAT PURPOSE; PROVIDING FOR EXEMPTIONS; PROVIDING FOR REFUND OF UNEXPENDED FUNDS; PROVIDING FOR USE OF FUNDS DERIVED FROM WATER AND SEWER FACILITIES IMPACT FEES AND PROVIDING IMPACT FEES; PROVIDING THAT WATER AND SEWER FACILITIES IMPACT FEES AND PROVIDING IMPACT FEES MAY BE PLEDGED TOWARD PAYMENT OF BOND ISSUES AND SIMILAR DEBT S INSTRUMENTS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake is responsible for and committed to the provision of public facilities and services at levels necessary to cure any existing public service deficiencies in already developed areas; and WHEREAS, such facilities and service levels shall be provided by the City utilizing funds allocated in the capital budget and capital improvements programming processes and relying upon the funding sources indicated therein; and WHEREAS, new residential and nonresidential development causes and imposes increased and excessive demands upon City public facilities and services, including water and sewer facilities, and roadways, that would not otherwise occur; and slake\impactfee.ord (03/19/96) 43.P -1- } • WHEREAS, planning and zoning projections indicate that such development will continue and will place ever-increasing demands on the City to provide necessary public facilities; and WHEREAS, the development potential and property values of properties is strongly influenced and encouraged by City policy as expressed in the Comprehensive Plan and as implemented via the City zoning ordinance and map; and WHEREAS, to the extent that such new development places demands upon the public facility infrastructure, those demands should be satisfied by shifting the responsibility for financing the provision of such facilities from the public at large to the developments actually creating the demands for them; and WHEREAS, the amount of the impact fee to be imposed shall be •determined by the cost of the additional public facilities needed to support such development, which public facilities shall be identified in a capital improvements program, and WHEREAS, the City Council, after careful consideration of the matter, hereby finds and declares that impact fees imposed upon residential and nonresidential development to finance specified major public facilities in designated service areas, the demand for which is created by such development, is in the best interests of the general welfare of the City and its residents, is equitable, and does not impose an unfair burden on such development; WHEREAS, in 1987 the Texas Legislature adopted Senate Bill 336, now codified as Chapter 395 of the Local Government Code, providing guidelines and requirements for the adoption of impact fees; and slake\impactfee.ord (03/19/96) T, -2- z 4111 WHEREAS, the City Council finds that in all things the City has complied with said statute in the notice, adoption, promulgation and methodology necessary to adopt Impact Fees; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLARE, TEXAS: SECTION 1 SHORT TITLE This Ordinance shall be known and cited as the Water, Sewer and Roadway Impact Fee Ordinance. SECTION 2 INTENT This Ordinance is intended to impose water, wastewater and roadway impact fees, as established in this Ordinance, in order to finance public facilities, the demand for which is generated by new 4111 development in the designated service area or areas. SECTION 3 AUTHORITY The City is authorized to enact this Ordinance by Chapter 395 of the Texas Local Government Code, and its successors, which authorize home-rule cities, among others, to enact or impose impact fees on land within their corporate boundaries or extraterritorial jurisdictions, and to persons with whom they have a water or sewer service contract, as charges or assessments imposed against new development in order to generate revenue for funding or recouping the costs of capital improvements or facility expansions necessitated by and attributable to such new development; and by the Southlake City Charter. The provisions of this Ordinance shall 1111 not be construed to limit the power of the City to adopt such Ordinance pursuant to any other source of local authority, nor to utilize any other methods or powers otherwise available for. slake\impactfee.ord (03/19/96) V F -3- , IIIaccomplishing the purposes set forth herein, either in substitution of or in conjunction with this Ordinance. Guidelines may be developed by resolution or otherwise to implement and administer this chapter. SECTION 4 DEFINITIONS As applied in this Ordinance, the following words and terms shall be used: (1) Assessment - The determination of the amount of the maximum impact fee per service unit which can be imposed on new development pursuant to this Ordinance. (2) Building Permit - Written permission issued by the City for the construction, repair, alteration or addition to a structure. (3) Capital Construction Cost of Service - Costs of constructing capital improvements or facility expansions, including and limited to the construction contract price, 4110 surveying and engineering fees, land acquisition costs (including land purchases, court awards and costs, attorney's fees, and expert witness fees) , and the fees actually paid or contracted to be paid to an independent qualified engineer or financial consultant preparing or updating the capital improvements plan who is not an employee of the City. (4) Capital Improvements Advisory Committee (Advisory Committee) - Advisory committee, appointed by the City Council, consisting of at least five members, not less than 40 percent of which shall be representatives of the real estate, development, or building industries which are not employees of the City, and, if impact fees are to be applied within the extraterritorial jurisdiction of the City, including one member representing the extraterritorial jurisdiction; or consisting of the Planning and Zoning Commission, including one regular or ad hoc member who is not an employee of the City and which is representative of the real estate, development, or building industry, and, if impact fees are to be applied within the extraterritorial jurisdiction of the City, one representative of the extraterritorial jurisdiction area; which committee is appointed ' to regularly review and update the capital improvements IIII program in accordance with the requirements of Chapter 395 of the Local Government Code, and it successors. (5) Capital Improvements Program (CIP) - Plan which identifies water and wastewater capital improvements or slake\impactfee.ord (03/19/96) g fc -4- } • facility expansions pursuant to which impact fees may be assessed. (6) City - City of Southlake. (7) City Council (Council) - Governing body of the City of Southlake. (8) City Public Works Director (Director) - Public Works Director of the City of Southlake. (9) Commercial Development - For the purposes of this Ordinance, all development which is neither residential nor industrial. (10) Comprehensive Plan (Master Plan) - The comprehensive long-range plan, adopted by the City Council, which is intended to guide the growth and development of the City which includes analysis, recommendations and proposals for the City regarding such topics as population, economy, housing, transportation, community facilities and land use. (11) Credit - The amount of the reduction of a impact fee for fees, payments or charges for the same type of capital 411 improvements for which the fee has been assessed. (12) Existing Development, - All development within the service area which has a water or wastewater tap on the City's water or sewer system as of the date of the adoption of this Ordinance. (13) Facility Expansion - The expansion of the capacity of an existing facility which serves the same function as an otherwise necessary new capital improvement in order that the existing facility may serve new development. Facility expansion does not include the repair, maintenance, modernization, or expansion of an existing facility to better serve existing development. (14) Final Subdivision Plat - The map, drawing or chart meeting the requirements of the City's Subdivision Ordinance on which is provided a subdivider's plan of a subdivision, and which has received final approval by the Planning and Zoning Commission or City Council and which is recorded with the office of the County Clerk. (15) Growth-Related Costs - Capital construction costs of service related to providing additional service units to new development, either from excess capacity in existing facilities, from facility expansions or from new capital • facilities. Growth-related costs do not include: (a) Construction, acquisition, or expansion of public facilities or assets other than capital slake\impectfee.ord (03/19/96) O T -5- 1111 improvements or facility expansions identified in the capital improvements plan; (b) Repair, operation, or maintenance of existing or new capital improvements or facility expansions; (c) Upgrading, updating, expanding, or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental, or regulatory standards; (d) Upgrading, updating, expanding, or replacing existing capital improvements to provide better service to existing development; (e) Administrative and operating costs of the City; and (f) Principal payments and interest or other finance charges on bonds or other indebtedness, except for such payments for growth-related facilities contained in the capital improvements program. (16) Impact Fees - Fee to be imposed upon new development, calculated based upon the costs of facilities in proportion to development creating the need for such facilities. Impact fees do not include dedication of rights-of-way or easements, or construction or dedication of site-related water distribution or wastewater collection facilities or internal roadways required by other ordinances of the City Code; or lot or acreage fees placed in trust funds for the purpose of reimbursing developers for oversizing or constructing water or sewer mains or lines. (17) Industrial Development - Development which will be assigned to the industrial customer class of the water or wastewater utilities; generally development in which goods are manufactured, or development which is ancillary to such manufacturing activity. (18) Land Use Assumptions - Description of the service area and projections of changes in land uses, densities, intensities, and population therein over at least a 10- year period, adopted by the City, as may be amended from time to time, upon which the capital improvement plan is based. (19) Living Unit Equivalent (LUE) - Basis for establishing equivalency among and within various customer classes based upon the relationship of the continuous daily maximum flow rate in gallons per minute for a water meter of a given size and type compared to the continuous daily • maximum flow rate in gallons per minute for a 1" diameter simple water meter, using American Water Works Association C700-C703 standards. LUE's for water meters are as follows: slake\impactfee.ord (03/19/96) V: -6- S METER SIZE TYPE LUE's 5/8" Simple 0.4 3/4" Simple 0.6 1" Simple 1.0 1-1/2" Simple 2. 0 2" Simple 3.2 2" Compound 3 .2 2" Turbine 4.0 3" Compound 6.4 3" Turbine 9.6 4" Compound 10.0 4" Turbine 16.8 6" Compound 20.0 6" Turbine 36.8 8" Compound 32.0 8" Turbine 64 . 0 10" Compound 46.0 10" Turbine 100.0 12" Turbine 132.0 (20) New Development - Subdivision of land; or the construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of any structure; or any use or extension of the use of land; any of which increases the number of service units for 1110 water or wastewater service and purchase of a new water or wastewater tap. New development includes the sale of water taps resulting from the conversion of an individual well to the City's water utility and includes the sale of wastewater taps resulting from the conversion of an individual septic or other individual waste disposal system to the City's wastewater utility. (21) Offset - The amount of the reduction of a capital recovery fee designed to fairly reflect the value of system-related facilities, pursuant to rules herein established or administrative guidelines, provided and funded by a developer pursuant to the City's subdivision regulations or requirements. (22) Residential Development - A lot developed for use and occupancy as a residence or residences, according to the City's zoning ordinance. (2 3) Service Area - Area within the corporate boundaries to be served by the capital improvements or facilities expansions specified in the capital improvements program applicable to the service area. (24) Service Unit - Standardized measure of consumption, use,, S generation, or discharge attributable to an individual unit of development calculated in accordance with generally accepted engineering or planning standards for a particular category of capital improvements or facility expansions, expressed in living units equivalent. slake\impactfee.ord (03/19/96) FP -7- S (25) Site-related Facility - Improvement or facility which is for the primary use or benefit of a new development and/or which is for the primary purpose of safe and adequate provision of water or wastewater facilities to serve the new development, and which is not included in the capital improvements plan, and for which the developer or property owner is solely responsible under subdivision and other applicable regulations. (26) System-related Facility - A capital improvement or facility expansion which is designated in the Capital Improvements Plan and which is not a site-related. facility. A system-related facility may include a capital improvement which is located offsite, within or on the perimeter of the development site. (27) Tap Purchase - The filing with the City of a written application for a water or wastewater tap and the acceptance of applicable fees by the City. The term "tap purchase" shall not be applicable to a meter purchased for and exclusively dedicated to fire protection. (28) Wastewater Facility - Improvement for providing wastewater service, including, but not limited to, land or easements, treatment facilities, lift stations, or interceptor mains. Wastewater facility excludes 4111 wastewater lines or mains which are constructed by developers, the costs of which are reimbursed from charges paid by subsequent users of the facilities and which are maintained in dedicated trusts. Wastewater facilities also exclude dedication of rights-of-way or easements or construction or dedication of on-site wastewater collection facilities required by valid ordinances of the City and necessitated by and attributable to the new development. (29) Wastewater Facility Expansion - Expansion of the capacity of any existing wastewater improvement for the purpose of serving new development, not including the repair, maintenance, modernization or expansion of an existing wastewater facility to serve existing development. (30) Wastewater Improvements Plan - Portion of the CIP, as may be amended from time to time, which identifies the wastewater facilities or wastewater expansions and.their associated costs which are necessitated by and which are attributable to new development, and for a period not to exceed ten (10) years, and which are to be financed in whole or in part through the imposition of wastewater impact fees pursuant to this Ordinance. S (31) Water Facility - Improvement for providing water service, including, but not limited to, land or easements, water supply facilities, treatment facilities, pumping facilities, storage facilities, or transmission mains. Water facility excludes water lines or mains which are slake\impactfee.ord (03/19/96) ��-8- constructed by developers, the costs of which are • reimbursed from charges paid by subsequent users of the facilities and which are maintained in dedicated trusts. Water facilities also exclude dedication of rights-of-way or easements or construction or dedication of on-site water distribution facilities required by valid ordinances of the City and necessitated by and attributable to the new development. (32) Water Facility Expansion - Expansion of the capacity of any existing water improvement for the purpose of serving new development, not including the repair, maintenance, modernization or expansion of an existing water facility to serve existing development. (33) Water Improvements Plan - Portion of the CIP, as may be amended from time to time, which identifies the water facilities or water expansions and their associated costs which are necessitated by and which are attributable to new development, and for a period not to exceed ten (10) years, and which are to be financed in whole or in part through the imposition of water impact fees pursuant to this Ordinance. SECTION 5 APPLICABILITY OF IMPACT FEES 411 A. This Ordinance shall be uniformly applicable to new development which occurs within the corporate limits of the city and its extraterritorial jurisdiction. B. No new development shall be exempt from the assessment of impact fees as defined in this Ordinance. SECTION 6 IMPACT FEES AS CONDITIONS OF DEVELOPMENT APPROVAL No application for new development shall be approved within the City without assessment of impact fees pursuant to this Ordinance, and no water and wastewater tap shall be issued and no building permit shall be issued unless the applicant has paid the impact fees imposed by and calculated hereunder. S SECTION 7 ESTABLISHMENT OF WATER AND WASTEWATER SERVICE AREAS AND ROADWAY SERVICE AREAS slake\impactfee.ord (03/19/96) -9- 5 SA. The water and wastewater service areas are established as shown on the Service Area Map which is Exhibit A for this Ordinance. The Roadway service areas are established as shown on the Service Area Map, which is Exhibit B for this Ordinance. B. The service areas shall be established consistent with any facility service area defined in the CIP for each utility or facility. Additions to the service area may be designated by the ' City Council consistent with the procedure set forth in Chapter 395 of the Local Government Code and its successors. SECTION 8 LAND USE ASSUMPTIONS Land use assumptions used in the development of the impact fees are contained in Exhibit C of this Ordinance. These assumptions may be revised by the City Council according to the Sprocedure set forth in Chapter 395 of the Local Government Code and its successors. SECTION 9 SERVICE UNITS A. Service units are established in accordance with generally accepted engineering and planning standards. B. Service units for water and wastewater fees shall be calculated based on living units equivalent as determined by the size of the, water meter(s) for the development, or alternatively, as approved by City Council, based on the recommendation of the Director as a result of an engineering report prepared by a qualified professional engineer licensed to perform such professional engineering services in the State of Texas, which Sdemonstrates that the number of LUE's of service for the new b slake\impactfee.ord (03/19/96) gF-10- S development will be different than those indicated by the size of the water meter. C. If the Director determines that the water pressure in the City's transmission main is significantly higher or lower than standard pressure such that the size of the water meter is not indicative of actual service demand, the Council may adjust the number of LUE's based on a smaller or larger sized meter which more accurately reflects the flow rate and the system pressure conditions. D. If a fire demand meter (tap) is purchased for a property, the meter size utilized to calculate the number of LUE's shall be the dimension of the portion of the fire demand meter which reflects the meter size which would provide only domestic service 1111 to the property. Said reduced meter size shall then be utilized to calculate the number of LUE's. 1. The meter types used to calculate the number of LUE's shall be either simple or compound meters. 2. To avoid the use of fire flow volumes for domestic usage, the owner of any property for which a fire demand meter is purchased shall be required to execute a restrictive covenant on a form approved by the City Attorney, which covenant shall acknowledge the right of the City to assess such fees to subsequent owners of the property. Said covenant shall be executed prior to the purchase of the fire demand meter and shall be filed in the deed records of the County. E. Upon wastewater tap purchase for lots for which no water IIIImeter has been purchased, service units shall be established by a professional engineer licensed in the State of Texas, shall be slake\impactfee.ord (03/19/96) FP -11- • reviewed by the Director and shall be presented to Council, which shall designate the appropriate number of service units. g F. The standard service unit of measurement for roadways is a vehicle mile. One lane of a typical roadway, one mile in length can provide approximately 650 vehicle miles of supply. A single family residential household or living unit equivalent (SFLUE roadway) will generate 2.85 vehicle miles of demand. Under this method of analysis one mile of a single lane of roadway will be required to support approximately 228 single family homes. G. The City Council may revise the service units designation according to the procedure set forth in Chapter 395 of the Local Government Code and its successors. SECTION 10 IMPACT FEES PER SERVICE UNIT 4111 A. The maximum impact fee per service unit for each service area shall be computed by dividing the growth-related capital construction cost of service in the service area identified in the capital improvements plan for that category of capital improvements, by the total number of projected service units anticipated within the service area which are necessitated by and attributable to new development, based on the land use assumptions for that service area. Maximum assessable impact fees per service unit for each service area shall be established by category of capital improvements and shall be set forth in Exhibit C to this Ordinance. B. Maximum assessable fees in Exhibit _ may be amended by III the City Council according to the procedure set forth in Chapter 395 of the Local Government Code and its su ccessors. uccessors. slake\impactfee.ord (03/19/96) !FP-12- C. Current collected fees shall be set forth in Exhibit C to Illthis Ordinance, and shall not exceed the maximum fees also set forth in Exhibit _ Current collected fees may be amended by the City Council from time to time, provided they do not exceed the maximum assessable fees. SECTION 11 ASSESSMENT OF Impact FEES A. The approval of any subdivision of land or of any new development shall include as a condition the assessment of the impact fee applicable to such development. B. Assessment of the impact fee for any new development shall be made as follows: 1. For a development which is submitted for approval pursuant to the City's subdivision regulations following the 4111 effective date of this Ordinance, assessment shall be at the time of final plat recordation, and shall be the value of the impact fee per service unit then in effect, as provided in Exhibit C as set forth in Section 10 (A) . The City may provide the subdivider with a copy of Exhibit C prior to final. plat approval, but such shall not constitute assessment within the meaning of this Ordinance. 2. For a development which has received final plat approval prior to the effective date of this Ordinance and for which no replatting is necessary prior to water tap purchase, assessment shall be upon water tap purchase, and shall be the value of the water and sewer or roadway impact fee per service 41/1 . unit set forth in Exhibit C. 3 . Because fire protection is of critical concern to the community as a whole, water demand related solely to fire slake\impactfee.ord (03/19/96) SF -13- protection is not subject to collection of an impact fee. 1111 However, if the fire protection capacity of the fire demand P Y meter is routinely utilized for domestic purposes as evidenced by the registration of consumption recorded on the City's meter-reading and billing systems, the current owner of the property shall be assessed the current impact fees for the fire protection capacity which has been converted to domestic capacity by its routine usage as domestic capacity. C. Following assessment of the impact fee pursuant to subsection 11B, no additional impact fees or increases thereof shall be assessed against that development unless the number of service units increases, as set forth under Section 9. D. Following the lapse or expiration of approval for a plat, a new assessment must be performed at the time a new application 4111 for such development is filed. SECTION 12 CALCULATION OF IMPACT FEES A. Following the request for new development as provided in Section 11 of this Ordinance, the City shall compute impact fees due for the new development in the following manner: 1. Water and Wastewater Fees a. The number of LUE's shall be determined by the size of the water meter(s) or by evaluation of the Director and determination of Council upon review of reports provided by a professional engineer licensed in the State of Texas, as determined according to Section 9 of this Ordinance. • b. for the develo ment. LUE's shall be summed for all meters purchased P slake\impactfee.ord (03/19/96) g r -14- c. The total service units shall be multiplied by • the appropriate per-unit fee value determined as set forth in Section 10; and d. Fee credits and offsets shall be subtracted as determined by the process set forth in Section 1,4 of this Ordinance. 2. Roadway Fees a. The City has been divided into a serious of service areas and for each service area a specific roadway fee has been calculated. The service unit measure is stated in vehicular miles. Each service area has a different impact fee per vehicle mile. b. To calculate the roadway impact fee it is first necessary to identify the service area in which the new development III is located. The fee per vehicle mile is then determined from the table attached as Exhibit to this ordinance. c. A' determination has been made that the Single Family Living Unit demand is equal to 2.85 vehicle miles of roadway use. Roadway impact fees for each single Family Living Unit equivalent are therefore calculated by multiplying 2.85 time the impact fee per vehicle mile for the area to where the development is located. d. The final determination of the impact fee to be charged each new development is calculated by identifying the total number of living or dwelling units located within a development and multiplying that number by the number produced in c (2 .85 times the • impact fee for the particular service area) . slake\impactfee.ord (03/19/96) Fir -15- • e. Fee credits and offsets shall be subtracted as determined by the process set forth in Section 14 of this ordinance. 3. The value of each impact fee due for a new development shall not exceed a value computed by multiplying the fee assessed per service unit pursuant to Section 10 by the number of service units generated by the development. SECTION 13 COLLECTION OF IMPACT FEES A. No water or wastewater tap shall be issued until all impact fees including roadway have been paid to the City except as provided otherwise by contract. B. Within one (1) year of the effective date of this Ordinance, roadway/impact fees shall be collected at the time of the issuance of the building permit for new development, or if no permit is required, at the time of tap purchase. Subsequent to that one year period, impact fees shall be collected as follows: 1. For a development which is submitted for approval pursuant to the City's subdivision regulations subsequent to the effective date of this Ordinance, impact fees shall be collected at the time of building permit. 2 . For a development which has received final plat approval prior to the effective date of this Ordinance or for which no replatting is necessary prior to provision of a water or wastewater tap, roadway impact fees shall be collected at the time of tap purchase. C. The City may, at its sole discretion, enter into • contracts to establish a different date of fee collection than those provided in this Section. slake\iiactfee.ord (03/19/96) gF-16- S SECTION 14 SUSPENSION OF FEE COLLECTION A. For any new development which has received final plat approval prior to the effective date of this Ordinance in accordance with Texas Local Government Code, Ordinance 212, or pursuant to the City's subdivision regulations, the City may assess, but shall not collect any roadway/impact fee as herein defined, on any service unit for which a valid building permit is issued within one (1) year subsequent to the effective date of this Ordinance. B. If the building permit, which is obtained within the period provided for in subsection 14A, subsequently expires, and no new application is made and approved within such period, the new development shall be subject to the payment of an impact fee, as II/provided in Section 13 . SECTION 15 OFFSETS AND CREDITS AGAINST Impact FEES A. The City may offset the present value of any system- related facilities, pursuant to rules established in this section, which have been dedicated to and have been received by the City, including the value of capital improvements constructed pursuant to an agreement with the City, against the value of the impact fee due for that category of capital improvement. B. The City shall credit impact, perimeter roadway, pro rata, acreage or lot fees which have been paid pursuant to Ordinance Nos. 493, 494, 330, or other City ordinances prior to the Seffective date of this Ordinance against the value of impact due for that category of capital improvement, subject to guidelines established by the City. slake\impactfee.ord (03/19/96) V--17- C. All offsets and credits against impact fees shall be subject to the followinglimitations and shall be granted based on 7 this Ordinance and additional standards promulgated by the City, which may be adopted as administrative guidelines. 1. No offset or credit shall be given for the dedication or construction of site-related facilities. 2. The unit costs used to calculate the offsets shall not exceed those assumed for the capital improvements included in the capital improvements plan for the category of facility within the service area for which the impact fee is imposed. 3 . If an offset or credit applicable to a plat has not been exhausted within ten (10) years from the date of the acquisition of the first tap purchase made after the effective S date of this ordinance or within such period as may be otherwise designated by contract, such offset or credit shall lapse. 4 . In no event will the City reimburse the property owner or developer for an offset or credit when no impact fees for the new development can be collected pursuant to this Ordinance or for any value exceeding the total impact fees due for the development for that category of capital improvement, unless otherwise agreed to by the City. D. An applicant for new development must apply for an offset or credit against impact fees due for the development either at or before the time of fee payment, unless the City agrees to a different time. The applicant shall file a petition for offsets or 1111 credits with the City on a form provided for such purpose. The contents of the petition shall be established by administrative slake\impactfee.ord (03/19/96) O r-1g- • guidelines. The City must provide the applicant, in writing, with a decision on the offset or credit request, including the reasons for the decision. The decision shall specify the maximum value of the offset or credit which may be applied against an impact fee, which value and the date of the determination shall be associated with the plat for the new development. E. The available offset or credit associated with the plat shall be applied against an impact fee in the following manner: 1. Such offset or credit shall be prorated equally among all living units equivalent, as calculated in Section 9, and remain applicable to such LUE's, to be applied at time of filing and acceptance of an application for a building permit or tap purchase, as appropriate, against impact fees due. 1111 2. If the total number of LUE's used by the City in the original offset or credit calculation described in (1) is eventually exceeded by the number of total LUE's realized by the actual development, the City may, at its sole discretion, collect the full impact fee exclusive of any associated offset or credits for the excess LUE's. 3 . At its sole discretion, the City may authorize alternative credit or offset agreements upon petition by the owner in accordance with guidelines promulgated by the City. SECTION 16 ESTABLISHMENT OF ACCOUNTS AND RECORDS A. The City shall establish separate interest-bearing accounts, in a bank authorized to receive deposits of City funds, 1111 for each major category of capital facility for which an impact fee is to imposed p pursuantthis Ordinance. slake\inpactfee.ord (03/19/%) gP -19- B. Interest earned by each account shall be credited to that III account and shall be used solely for the purposes specified for funds authorized in Section 17. C. The City shall establish adequate financial and accounting controls to ensure that impact fees disbursed from the account are utilized solely for the purposes authorized in Section 17. Disbursement of funds shall be authorized by the City at such times as are reasonably necessary to carry out the purposes and intent of this Ordinance; provided, however, that any fee paid shall be expended within a reasonable period of time, but not to exceed ten (10) years from the date the fee is deposited into the account. D. The City shall maintain and keep adequate financial S records for each such account, which shall show the source and disbursement of all revenues, which shall account for all monies received, and which shall ensure that the disbursement of funds from each account shall be used solely and exclusively for the provision of uses specified in the capital improvements program as system-related capital projects. The City Finance Department shall also maintain such records as are necessary to ensure that refunds are appropriately made under the provision in Section 19 of this Ordinance, and such other information as may be necessary for the proper implementation of this Ordinance. SECTION 17 USE OF PROCEEDS OF CAPITAL RECOVERY FEE ACCOUNTS A. The impact fees collected pursuant to this Ordinance may III be used to finance or to recoup capital construction costs of service. Impact fees may also be used to pay the principal sum and slake\impactfee.ord (03/19/%) 6-r -20- interest and other finance costs on bonds, notes or other !IIIobligations issued by or on behalf of the City to finance such capital improvements or facilities expansions. B. Impact fees collected pursuant to this Ordinance shall not be used to pay for any of the following expenses: 1. Construction, acquisition or expansion of capital improvements or assets other than those identified for the appropriate utility in the capital improvements plan; 2. Repair, operation, or maintenance of existing Or new capital improvements or facilities expansions; 3. Upgrading, expanding or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory III standards; 4. Upgrading, expanding or replacing existing capital improvements to provide better service to existing development; provided however, that impact fees may be used to pay the costs of upgrading, expanding or replacing existing capital improvements in order to meet the need for new capital improvements generated by new development; or 5. Administrative and operating costs of the City. S slake\impactfee.ord (03/19/96) gg' -21- SECTION 18 4111 , APPEALS A. The property owner or applicant for new development may appeal the following decisions to the Director or his/her designate: 1. The applicability of an impact fee to the development; 2 . The value of the impact fee due; 3. The availability or the value of an offset or credit; 4. The application of an offset or credit against an impact fee due; 5. The amount of the refund due, if any. All appeals shall be taken within thirty (30) days of notice of the IIIaction from which the appeal is taken. B. The burden of proof shall be on the appellant to demonstrate that the value of the fee or the value of the offset or credit was not calculated according to the applicable impact fee schedule or the guidelines established for determining offsets and credits. C. The appellant may appeal the decision of the Director to the Council. A notice of appeal to the Council must be filed by the applicant with the City Secretary within thirty (30) days following the Director's decision. If the notice of appeal is accompanied by a bond or other sufficient surety satisfactory to the City Attorney in an amount equal to the original determination III of the impact fee due, the development application or tap purchase or buildingpermit issuance maybe processed while the appeal is pending. slake\impactfee.ord (03/19/96) Sr -22- SECTION 19 S REFUNDS A. Any impact fee or portion thereof collected pursuant to this Ordinance which has not been expended within ten (10) years from the date of payment, shall be refunded, upon application, to the record owner of the property at the time the refund is paid, or, if the impact fee was paid by another governmental entity, to such governmental entity, together with interest calculated from the date of collection to the date of refund at the statutory rate as set forth in Article 1.03 , Title 79, Revised Statutes (Article 5069-1. 03, Vernon's Texas Civil Statutes) , or any successor statute. . B. If a refund is due pursuant to subsection (A) , the City shall pro-rate the same by dividing the difference between the 1111 amount of expenditures and the amount of the fees collected by the total number of service units assumed within the service area for the period to determine the refund due per service unit. The refund to the record owner or governmental entity shall be calculated by multiplying the refund due per service unit by the number of service units for the development for which the fee was paid, and interest due shall be calculated upon that amount. C. Upon completion of all the capital improvements or facilities expansions identified in the capital improvements plan upon which the fee was based, the City shall recalculate the maximum impact fee per service unit using the actual costs for the improvements or expansions. If the maximum impact fee per service S unit based on actual cost is less than the impact fee per service unit paid, the Cityshall refund the difference, if such difference exceeds the impact fee paid by more than ten percent (10%) . The slake\impactfee.ord (03/19/96) O ir -23- refund to the record owner or governmental entity shall be IIIcalculated by multiplying such difference by the number of service units for the development for which the fee was paid, and interest due shall be calculated upon that amount. D. Upon the request of an owner of the property on which an impact fee has been paid, the City shall refund such fees if: 1. Existing service is available and service is denied; or 2. Service was not available when the fee was collected and the City has failed to commence construction of facilities to provide service within two years of fee payment; or 3 . Service was not available when the fee was collected and has not subsequently been made available within a 1111 reasonable period of time considering the type of capital improvement or facility expansion to be constructed, but in any event later than five years from the date of fee payment. E. The City shall refund an appropriate proportion of impact fee payments in the event that a previously purchased water meter is replaced with a smaller meter, based on the LUE differential of the two meter sizes and the per-LUE fee at the time of the original fee payment, less an administrative charge set forth in City guidelines. F. Petition for refunds shall be submitted to the Director on a form provided by the City for such purpose. Within one month of the date of receipt of a petition for refund, the Director must provide the petitioner, in writing, with a decision on the refund 4111 request, including the reasons for the decision. If a refund is due to the petitioner, the Director shall notify the Finance slake\impactfee.ord (03/19/96) 81 -24- Director and request that a refund payment be made to the • petitioner. The petitioner may appeal the determination to the Council, as set forth in Section 18. SECTION 20 UPDATES TO PLAN AND REVISION OF FEES The City shall review the land use assumptions and capital improvements plan for water, wastewater and roadway facilities at least every three years, the first three year period which shall commence from the date of adoption of the capital improvements plan referenced herein. The City Council shall accordingly then make a determination of whether changes to the land use assumptions, capital improvements plan or impact fees are needed and shall, in accordance with the procedures set forth in Chapter 395 of the Local Government Code, or any successor statute, either update the 4111 fees or make a determination that no update is necessary. SECTION 21 FUNCTIONS OF ADVISORY COMMITTEE A. The functions of the Advisory Committee are those set forth in Chapter 395 of the Local Government Code, or any successor statute, and shall include the following: 1. Advise and assist the City in adopting land use assumptions; 2. Review the capital improvements plan regarding water and wastewater capital improvements and file written comments thereon; 3 . Monitor and evaluate implementation of the capital improvements program; 1110 slake\impactfee.ord (03/19/96) Fie -25- 1111 4. Advise the City of the need to update or revise the land use assumptions, capital improvements program and impact fees; and 5. File a semiannual report evaluating the progress of the City in achieving the capital improvements plans and identifying any problems in implementing the plans or administering the impact fees. B. The City shall make available to the Advisory Committee any professional reports prepared in the development or implementation of the capital improvements plan. C. The Council shall adopt procedural rules for the committee to follow in carrying out it duties. SECTION 22 AGREEMENT FOR CAPITAL IMPROVEMENTS 1110 A. The City Council may authorize the owner of a new development to construct or finance some of the public improvements identified in the CIP. In the case of such approval, the property owner must enter into an agreement with the City prior to fee collection. The agreement shall be on a form approved by the City, and shall establish the estimated cost of improvement, the schedule for initiation and completion of the improvement, a requirement that the improvement shall be completed to City standards, and any other terms and conditions the City deems necessary. The Director shall review the improvement plan, verify costs and time schedules, determine if the improvement is contained in the CIP, and determine the method and timing of reimbursing the owner for construction 1111 costs from impact fee or other revenues. slake\impactfee.ord (03/19/96) U F -26- SECTION 23 USE OF OTHER FINANCING MECHANISMS A. The City may finance water and wastewater, and roadway capital improvements or facilities expansions designated in the capital improvements plan through the issuance of bonds, through the formation of public improvement districts or other assessment districts, or through any other authorized mechanism, in such manner and subject to such limitations as may be provided by law, in addition to the use of impact fees. B. Except as herein otherwise provided, the assessment and collection of an impact fee shall be additional and supplemental to, and not in substitution of, any other tax, fee, charge or assessment which is lawfully imposed on and due against the property. 4111 SECTION 24 IMPACT FEES AS ADDITIONAL AND SUPPLEMENTAL REGULATION A. Impact fees established by this Ordinance are additional and supplemental to, and not in substitution of, any other requirements imposed by the City on the development of land or the issuance of building permits or the sale of water or wastewater taps or the issuance of certificates of occupancy. Such fees are intended to be consistent with and to further the policies of City's Comprehensive Plan, capital improvements plan, zoning ordinance, subdivision regulations and other City policies, ordinances and resolutions by which the City seeks to ensure the provision of adequate public facilities in conjunction with the development of land. S B. This Ordinance shall not affec t, in any manner, the permissible use of property, density of development, design, and slake\impactfee.ord (03/19/96) -27- 1111 improvement standards and requirements, or any other aspect of the development of land or provision of public improvements subject to the zoning and subdivision regulations or other regulations of the City, which shall be operative and remain in full force and effect without limitation with respect to all such development. SECTION 25 RELIEF PROCEDURES A. Any person who has paid an impact fee or an owner of land upon which an impact fee has been paid may petition the Council to determine whether any duty required by this ordinance has not been performed within the time so prescribed. The petition shall be in writing and shall state the nature of the unperformed duty and request that the act be performed within sixty (60) days of the request. If the Council determines that the duty is required 1111 pursuant to the ordinance and is late in being performed, it shall cause the duty to commence within sixty (60) days of the date of the request and to continue until completion. B. The Council may grant a variance or waiver from any requirement of this ordinance, upon written request by a developer or owner of property subject to the ordinance, following a public hearing, upon finding that a strict application of such requirement would, when regarded as a whole, result in confiscation of the property. WATER FACILITIES FEES SECTION 26 WATER SERVICE AREA A. There is hereby established a water service area as 1111 depicted on Exhibit , attached hereto and incorporated herein by reference. slake\impactfee.ord (03/19/96) g /' -28- • B. The boundaries of the water service area may be amended from time to time, and new water service areas maybe delineated, o pursuant to the procedures in Section 7. SECTION 27 WATER IMPROVEMENT PLAN A. The Water Improvement Plan for the City is hereby adopted as Exhibit D attached hereto and incorporated by reference herein. B. The Water Improvement Plan may be amended from time to time, pursuant to the procedures set forth in Chapter 395 of the Local Government Code and its successors. SECTION 28 WATER IMPACT FEES A. The maximum impact fee values per service unit for water facilities are hereby adopted and incorporated in Exhibit C Sattached hereto and made a part hereof by reference. B. The impact fee values per service unit for water facilities may be amended from time to time, pursuant to the procedures in Section 10. WASTEWATER FACILITIES FEES SECTION 29 WASTEWATER SERVICE AREA A. There is hereby established a wastewater service area as depicted on Exhibit , attached hereto and incorporated herein by reference. B. The boundaries of the wastewater service area may be amended from time to time, and new wastewater service areas may be delineated, pursuant to the procedures in Section 7. 4111 slake\impactfee.ord (03/19/96) gr -29- SECTION 30 1111 WASTEWATER IMPROVEMENT PLAN A. The Wastewater Improvement Plan for the City is hereby adopted as Exhibit attached hereto and incorporated by reference herein. B. The Wastewater Improvement Plan may be amended from time to time, pursuant to the procedures set forth in Chapter 395 of the Local Government Code and its successors. SECTION 31 WASTEWATER Impact FEES A. The maximum impact fee values per service unit for wastewater facilities are hereby adopted and incorporated in Exhibit attached hereto and made a part hereof by reference. B. The impact fee values per service unit for wastewater Sfacilities may be amended from time to time, pursuant to theprocedures in Section 10. SECTION 32 ROADWAY IMPROVEMENT PLAN A. The roadway improvement plan for the City is hereby adopted as Exhibit , hereto incorporated by reference herein. B. The roadway improvement plan may be amended from time to time, pursuant to the procedures set forth in Chapter 395 of the Local Government Code and its successors. SECTION 33 ROADWAY IMPACT FEES A. The maximum impact fees values per service unit for the facilities are hereby adopted and incorporated as Exhibit , hereto and made a part hereof by reference. S slake\iaQactfee.ord (03/19/96) U F -30- IDB. The impact fee values per service unit for wastewater facilities may be amended from time to time, pursuant to the procedures set forth in Section 10. SECTION 34 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. Ordinance 330 shall remain in force and effect as provided in Section 14C of this Ordinance. SECTION 35 It is hereby declared to be the intention of the City Council 1110 that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any 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 phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 36 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance • 330 or any other ordinances imposing impact or development fees which have accrued at the time of the effective date of this slake\impactfee.ord (03/19/96) gA- -31- ordinance; and, as to such accrued violations and all pending 4111 litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 37 The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 38 The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty 4111 together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3 . 13 of the Charter of the City of Southlake. SECTION 39 This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. IIIPASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 1996. slake\impactfee.ord (03/19/96) Fir' -32- 4111 MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1996. MAYOR ATTEST: CITY SECRETARY IIIAPPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: • slake\impactfee.ord (03/19/96) 5F. -33- February 29, 1996 • To: City Mayor and Councilmembers, of Southlake Y From: Capital Improvements Advisory Committee (CIAC) Subject: 1995-1996 Roads, Water, and Wastewater Impact Project After diligent and extensive work with the staff-consultant team, the 1995- 1996 Capital Improvements Advisory Committee (CIAC) asserts that all impact studies, reports, and recommendations are consistent with the requirements of Chapter 395 of the Texas Local Government Code. In addition, the CIAC offers these general opinions and assurances: • Growth assumptions are middle-of-the-road and are based on local data and trends or on regional or national standards. • Capital plans are right-sized and manageable. • Cost projections are reasonable. • Proposed impact fees are adequate, competitive, and, at the beginning, • comparable to current exactions. (For water and wastewater, the proposed fees support continuation of flat utility rates.) Specific committee comments, observations, and points of emphasis (grouped by type) follow. Roads • Although it has a reputation in the professional planning community as implementing "best practices" for regional computer models, the North Central Texas Council of Governments (NCTCOG) model used to make traffic projections is based on back-level data and is said to require substantial functional enhancement, especially for accuracy at the local level. A new version of the model is expected in 1997. • Barton-Aschman Associates, the transportation consultants on the study team, were not especially responsive, expansive, or articulate in addressing the committee's methodology concerns (for example, the role of the NCTCOG model), which caused considerable frustration and delay. • With the goal of having a common road impact fee across the city, the CIAC took care to include meaningful capital projects in each service Page 1 gtL-3`- area—with only token projects, a service area would qualify for only an artificially low impact fee. • Original construction cost estimates (from the study team) were trimmed somewhat at the committee's urging — these lower estimates (in the report) can be compared against actuals in the next impact-fee review cycle. • Right-of-way (ROW) acquisition is an eligible cost, and the committee guessed that about half of the ROW would have to be purchased, which is reflected in the project estimates. • If today's practice for impact fees is followed, adoption of road impact fees will change the source and timing of road exactions: today, developers pay perimeter road fees at final platting; tomorrow, contractors would pay impact fees as building permits are issued. • Today's "critical drainage structures" assessments are embedded in the proposed road impact fees. Water • CIAC consideration of the water-system capital projects was in the context of the city's intention to join the regional water system and, thus, • to accept the City of Ft. Worth as its sole supplier of water. • Having multiple sources (major pipelines) for water is a critical requirement that has been highlighted by previous committees. With the regional water system, this should be accomplished within the next two years. • A proposal for an updated reimbursement policy for developer-funded water projects is being pursued separately and in parallel with this impact study. • Proposed ground-storage facilities will help lessen peak-demand rate surcharges, and these savings are reflected in the project cost estimates. • Proposed elevated-storage facilities will assure better pressure for routine uses and provide better reserves for fire-fighting. Wastewater • Tie-in to the Denton Creek drainage basin trunk line to the Trinity River Authority plant near Roanoke is near— the Solana site and the Higgins Branch basin (part of the N-1 line) will be online by year-end 1996. Page 2 • Because it does not represent new development, the city program to bring sewer service to existing subdivisions is outside the scope of impact fees. • A proposal for an updated reimbursement policy for developer-funded wastewater projects is being pursued separately and in parallel with this impact study. The CIAC members appreciate the opportunity to have served the city on this project during the past year. Joe L. Wright, Chairman I%I ,Ati Ernest P. Johnson Paul W. McCallum Bruce McCombs David C. McMahan Robert O'Neal Lanny Tate • Page 3 gf;3(p i t , CAPITAL IMPROVEMENTS PROGRAM • Reviewed Thoroughfare Plan to determine potential projects • Assumed that projects would be constructed to ultimate section as shown on Thoroughfare Plan • Determined cost based upon: • Cheatham & Associates Perimeter Road Fees • Modifications requested by CIAC �� g&37 • CAPITAL IMPROVEMENTS PROGRAM • Criteria for Final Project Selection • No interim work done within the last 2 years, this year or next year • At least one project in each service area • Intuitive analysis of probable projects within 10 years based upon known developements • Elimination of projects based • on intuitive thoughts on would would NOT be done within 10 years ��" g9F-38 CAPITAL IMPROVEMENTS PROGRAM • Projects eliminated if there was an indication that work would be done by Developers g&39 CAPITAL IMPROVEMENTS PROGRAM • Costs Included in Analysis • Construction • Right of Way • Critical Drainage Structures • Traffic Signals • Engineering & Surveying CAPITAL IMPROVEMENTS PROGRAM • Construction Costs for Sections • C2U - $125/If • A4U - $170/If • A5U - $220/If • ` i CITY OF i SOUTHLAKE ... 1, . ...,..._::::„. V fT $,. . ale I. 1:::::::,:. ; Ia tAM111111IL\4c•m' lit, 1 ' ~` 0 k= te. - .✓.::SLR �.� /ik 11\ 1. =mit Ir.\ I. 1,,,,,.,,,_ r„..;.,..:.,.,. ....., :,:,.f.. . .. . r , ,, ,, -,, , urair ' _ 1 hilk. 1161Li riti Allie . if map. 1. wCDz irltc1 th ■�1�1 1: sill° I Jris ---• b d. i ,e f 111111 ii 1,..,,,. ., i AN O.... .32EZERVW latazzw=. 11i.......,====. ...III ?„,....„ . .. . I •41111 1' i(.... t.. 1 r11 _ . ...are- II:? .1P . - 1 i f74, „ " 11111ii\ ' 0 lltalii , ._____ I fge . 11 ilia' ii,,,_ i.. i „.. .. .,.................,,,2. Mittlig. J= ii Mt, 11.14111- t iiismr„, 410,....„:7011 i iiil/ ,‘ Itil 1 s lel _ ,lop k I O' gil ik.... *10411 :n g I.,.. 1 :e }ram.. � , .•.--", -=%_441 w vn. \1{ �''^"�7I$��R2QPG 9ao0'mGV�e�a'®m,ne�) vwas s..zzso sm.".. IMP -.Pm im Fr Ill . "NV,�pppp� Lng�7 p�_�d��dQ�Q� 1Z E 111,1 j.--,,. Tilik, 110 ' / pii NJ ?" i .- c'' _y ..'i Ih . • ,-----7 Railroad Crossing Signal O Traffic Signal Recoupment • • Traffic Signal Improvement CD Roadway Improvement Project O Recoupment Project • ® Projects Not Eligible for FIGURE 2 Impact Fee Recovery POTENTIAL CAPITAL IMPROVEMENT PROJECT LOCATIONS 17 CITY OF SOUTHLAKE tT f-- -.. .: - ,may, 1110 :-It t 1 II:�I "I _ ' - I '- ,.. . . ir_ ei___Ii.4_7.___.:,',.... ., ."1,3.:;.1.ittliiii:;:.;"-"ii:',1.,____L_:_ 11446 ‘11 . ‘11P—• g, ''',_. • ik, Nikita i r . ___aig.. iti ,,. ,,....-f L .„ . , ..)....4,L. ii.,, 0,- t..4,,,,,„ ,. F.I. ,.... - ‘.1 ,g.r.t , iil►�. es.T1 &Iris . ,.. pt__ AP gi ,fii----, - .... ,...r,awm..r. . ii . . , • .?... . cl .., _, , 'mtg. a, 7..1, =:..,. • • px„Val aPiw,:iii' pg.ems, ,mulf --,— ma.. , .1 0 EP . . 1 1 ,.- -.. .-.....-..'"" Oita mairpo"110 _ ...""- .11 lAiii I gib • I .. _wolf... 1/I f ��.p 1� - :6'6572*252"gmw'7,2, '‘--. 1601) -Di !. - 'WW1* I 0 , 0 % t A : ... Eft . I.% • ull. iti k 4 1 iRZB,��,pORA ptWOD Oa9x1000t(.....Ooof O.Iboo.O®rni—m00omObm .r—.—.f[ ..,,, ti a 9S�i�EQ.®m •�cC01.°9Llm'e?o.p . -0J se��\ II 1 v 110 . A j .e h Roadway Improvement Project CD Recoupment Project Q Traffic Signal Recoupment Railroad Crossing Signal • Traffic Signal III FIGURE 3 RECOMMENDED CAPITAL IMPROVEMENT PROJECT LOCATIONS 7,r--_-----/7------ cp- 3 18 I . -` --4 A= Pending- 1996 Budget Funds S 0 U T I I L A I�L 2• , B=Complete- Funded in 1993-94 and 1994-95 Budget i C=Pending- 1996 Budget Funds ' V/ 4, D=Completed 1995 ` ' Al E=Pending- 1996 Budget Funds III e 1F=Complete-Funded in 1993-94 Budget 1 d, � G=Complete- Funded in 1993-94 and 1994-95 Budgets _ H=Pending-Scheduled for 1997 �1 :iV1iN ., 1 Pending- 1996 Budget Funds 16 tl i 1L1a.?—.il.—.‘l. 7i•lu.kn k ,is -' - J=Pending- 1996 Budget Funds _ l9 *la A lol oi ailvl ._._i .1,., .1 NI..fa M. r,.....t..i ii,r,..,e(,-,. 1 17.111I7t14,.:/,*1A111 1 1,11•.u..2.l1l.,•.1i1.d1.g_.:.:11... ��•�aaaws.�arr�s�. ism. .............= , ilt.. , liwittiez=ipipowz,=...R.,,...1-431--............,,,..1-it,--"TittNio ipailockfr wo hilikii5 1 i , c iklizJ. At ;:,,.: ___ to 1 ...., ff. ,rodc,..101,. ._:.. . ►.:.... .�� -i i��R t�aow000000wwaaa� apt!a �8L�3'^""^^' �ir1� Jail •1*=11=DLI Fj 1==A, eir..,','...v t......arlii.; _ NI . (<04:-PAriararla tit lz ( gio lie .. ial: 4 --I.0 .��... �i �z �. ! lonr r 1.2111.ni . It %Y 1.1 .; agar per g� 111 1111111JIMIN ...* 1M/A��::!1 _,..j:..�..aoa.»�xo�wxoc:abi- . ova-, ,'bp a��, .are e+nsta%ax8w��ia 1 taig_d , 7 ,_. � � `�`"'x� .a��6rmssaoo®w�at�a�r+a� ao L^t:F° 2' ee�� Q�aB�z&Ii�� '� stEit 4111;44 -�. Ill __.7.,. .. ....,1 1 . , ii_ .c.„,_ , 941), . 'X' Railroad Crossing Signal Q Traffic Signal Recoupment • • Traffic Signal Improvement Q Roadway Improvement Project O Recoupment Project FIGURE 4 Projects Not Eligible for Impact Fee Recovery . FUNDING FOR:ROADWAY PROJECTS t Bond Project IN SOUTHLAKE •` . 22 Impact Fee Projects • 7L..•�-/---' gF -4 — r I Fee Based on Fee Based on old Fee Based on i Impact Fee of Perimeter Road fee Ultimate Road Actual Fee subdivision 'Lots Street Fronrage/Type of Road Section $1,095 of$50,000/mile Fee Based on New Perimeter Road Fees Section Collected 1 I Prior to 9/95 After 9/95 sills of Monticello ; 1051 3,664 I LF @ A5U I 1,719 I LF @ A5U i 1 j • 114,975.00 i alp-A•c:50,''97..5i381 255,692.50 - 282,607.50 547,289.61 larafA50;97.5f00€ vtonticello Estates ' 117! 1,147 I LF @A5U I I 128,115.00 •-10;861741 54,482.50 60,217.50 116,615.49 410;86074f Cambridge Place _146 1 519 I LF @ A5U 422iLF@C2U 1 _ 1,757 I LF @ C2U _ 159,870.00 25,549.24 128,155.00 '::4i=60.1A'1;645;00. 183,506.73 LtWat;;i 141;645.00! ,^ Lonesome Dove Estates 11501 1,318 LF C2U 1,486 LF C2U ----- - - -- �� — -- - , 1,752 LF C2U -- — ---"" i. ' - --- — 164,250.00 '43,143:94: 216,410.00 239,190.00 273,360.00 'fir?::%:y'43;143:94: %iO Regal Oaks ! 22 I __ 537 1 LF @ C2U I I I . . '.:;=124;090.00 5,085.23 25,507.50 28,192.50 32,220.00 iitii24,090'00 Coventry ; 101 1,368 LF @ A4U _ I 362 LF @ C2U • —1 110,595.00 . .- ' 16,382:58'i 82,175.00 90,825.00 128,875.44 $ 5a rti$16;382i58' Park Place : 39 1 789 I LF @ A4U I 1 :-,.42, 05.00 7,471.59 37,477.50 41,422.50 61,802.37 k M-,',?:.42,705.:00. Country Walk ' 55 1 654 I LF @ A5U 1 ( 60,225.10 6;193:18; 31,065.00 34,335.00 I 66,492.18 kf.wn::-.; ?=a,6;193:18- 1 _— -_ _ 'Proposed S reet Impact Fee/Lot $1,095.01 - _ (Perimeter S reet Fee 47.50 _ ___ _ _ _;Perimeter Sireet Fee ..i _ A5U Ultimate Street Section 101.67 1A4U Ultimaip Street Section 78.33 -- !C2U Ultimate Street Section I 60.00 IR2U Ultimate Street Section 72.50 likiiir Lai Ir Water and Sewer Impact Fee Analysis Residential Fee Based on Fee Based on Fee Based on old Fee Based on Impact Fee of Impact Fee of Perimeter Road fee Ultimate Road Developme Square Footage Street Frontage/Tv a of Road Section $691.578/1,000 SF of$50,000/mile Fee Based on New Perimeter Road Fees Section Actual Fee Collected Prior to 9/95 After 9/95 Cross Roads Sq are 65.876 429.27 LF @ A5U 45,558 0 ';:`' :'t;08$06 . 20,390 22,537 43,644 „';,>:_ '="4Q35l0, Southlake Marketplace 81,762 56,545 0 • 0 0 0 0 0.00 Commercial Fee 691.578 Proposed Fee * .../..) Lt. - • III III 4110 • .. . • _ . , , • Final - .. _ - Report Development of Transportation Impact Fees for The City of Southlake 0 Submitted to The City of Southlake, Texas Submitted By Barton-Aschman Associates, Inc. • November 2, 1995 . • -10 i City of Southlake Water & Wastewater Capital Improvement Plan „lz4 Prepared For 1995 Impact Fee Update `,Vi 6' t Prepared By Eddie . Cheatham, P.E. t± Cheatham & Associates 6' il Lewis F. McLain, Jr. Fiscal Planning Consultant TP 6. _ `thlc�K • January 31, 1996 ',. 7-wit, City of Southlake, Texas z, • MEMORANDUM March 29, 1996 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Ordinance No. 648-A, 1st Reading, Amending the FY1995-96 Budget At the Mid-Year Retreat March 26, several proposed budget revisions were presented to the Council for discussion. The All Funds Summary, Appendix "A" of Ordinance 658, reflects the changes as they were presented with one adjustment. In the three days since the Mid-Year Retreat, the Directors have presented refinements to their proposals. I have incorporated an updated cost estimate of $9,000 in the General Fund to replace the air conditioning at the Community Center, which was originally estimated at $2,500 through the Park Dedication Fee Fund. Between first and second reading, some minor adjustments to the numbers may occur after S discussing details with the Directors. For example, the $60,000 allocated for the computer equipment in the Community Development Department contains amounts that should be reflected in the Support Services Division, such as the monthly charges for telephone lines. The FY1995-96 Budget amendment reflects the major additional expenditure requests presented to the Council at the Mid-Year Retreat, and does not include SPDC Operating Fund budget revisions. Any amendments to the SPDC budget will first be presented to the SPDC Board for approval, then brought forward to the Council. Ordinance 648-A does not include any changes to revenue estimates. During the FY1996-97 budget preparation, revisions to revenues for FY1995-96 will be proposed. When the budget for next year is adopted in September 1996, revised numbers for FY1995-96 will be approved as well. The total expenditure increase is $504,446, as outlined on the following page. For accounting purposes, the IBM AS400 lease purchase is reflected as an expenditure for the total amount of . $100,202, plus $2,700 for the three month lease payment in the Finance Division. In the General Fund, $100,202 in proceeds from a lease obligation is shown as an other source of funds to offset the purchase, resulting in a net $2,700 increase for the year. LAH ill s G - 1 City of Southlake Fiscal Year 1995-96 Proposed Mid-Year Budget Revisions General Fund Division Personnel Operations Capital Total* City Secretary/Mayor/Council Administrative Secretary 11,375 0 4,600 15,975 (22,487 annual w/benefits-five months) City Manager's Office Human Resources Coordinator 15,210 0 4,600 19,810 (30,136 annual w/benefits-five months) Public Information Officer 15,210 0 4,600 19,810 (30,136 annual w/benefits-five months) Support Services Lease-Office Space/telephone/move 0 63,340 52,000 115,340 Finance Budget Officer 15,210 0 4,600 19,810 (30,136 annual w/benefits-five months) IBM AS400 MiniComputer (lease/purch) 0 0 102,902 102,902 (if 5 year installment-2,700 for three months FY1995-96 net, 10,800 per year) •re Services 3 Firefighter/Paramedics 51,450 4,050 0 55,500 (27,439 annual w/benefits-six months) Parks and Recreation Personal Computer 0 0 2,000 2,000 Replace Air Conditioning 0 0 9,000 9,000 Tractor 0 0 21,239 21,239 Community Development Planning Technician 12,500 0 4,600 17,100 (24,792 annual w/benefits-five months) Planner II 15,960 0 4,600 20,560 (31,643 annual w/benefits-five months) Professional Services 0 10,000 0 10,000 Computer Equipment 0 0 60,000 60,000 Total General Fund 136,915 77,390 274,741 489,046 Park Dedication Fee Fund Horse Fence for Huse Homeplace Trail 0 0 8,600 8,600 Citizen Survey-Park Master Plan 0 6.800 0 6,800 Total Park Dedication Fee Fund 0 6,800 8,600 15,400 iloRAND TOTAL 136,915 84,190 283,341 504,446 * Total through September 30, 1996 03/29/96 G - � f , / _ ___________ .... III j-- ------- --- ORDINANCE NO. 648-A / / AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 0 SOUTHLAKE, TEXAS, REVISING THE BUDGET FIGURES FOR FISCAL YEAR 1995-96 BEGINNING OCTOBER 1, 1995, AND TERMINATING SEPTEMBER 30, 1996, AND MAKING APPROPRIATIONS FOR EACH DEPARTMENT, PROJECT AND ACCOUNT;REPEALING CONFLICTING ORDINANCES; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHERE , the Ci : prepared a revision of ce 'figures in the 1995-96 budget which was approved by City Council with Ordinance No. 648 on September 5, 1995, and submitted same to the City Council; and, WHEREAS, a copy of said amendment is attached hereto as Exhibit "A" and incorporated herein for all purposes; and WHEREAS, the City Council has studied the Budget Amendment and has determined that • the Budget Amendment attached hereto is in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That all of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. Section 2. That the revised figures, prepared and submitted by the City Manager for the 1995-96 budget, be, and the same are hereby, in all things, approved and appropriated, and any necessary transfers between accounts and departments are hereby authorized, approved, and appropriated. Section 3. That the Budget Amendment attached hereto as Exhibit "A" and incorporated herein for all purposes is adopted for the Fiscal Year beginning October 1, 1995, and ending September 30, 1996; and there is hereby appropriated from the funds indicated such projects, operations, activities, purchases and other expenditures as proposed in the Budget. Section 4. That the City Manager has determined that there are revenues available for appropriation in excess of those estimated in the 1995-96 approved budget. Section 5. That any and all ordinances, resolutions, rules, regulations, policies or Sprovisions in conflict with the provisions of this Ordinance are hereby repealed and rescinded to the extent of conflict herewith. SC- -3 Ordinance No. 648-A page 2 • Section 6. If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 7. That the necessity of adopting and approving a proposed budget for the next fiscal year as required by the laws of the State of Texas requires that this Ordinance shall take effect immediately from and after its passage, and it is accordingly so ordained. PASSED AND APPROVED on first reading this day of 1996. Gary Fickes, Mayor ATTEST: • Sandra L. LeGrand City Secretary PASSED AND APPROVED ON second reading this day of 1996. Gary Fickes, Mayor ATTEST: Sandra L. LeGrand City Secretary s G- - 1 , Ordinance No. 648-A page 3 • APPROVED AS TO FORM: City Attorney Date: Adopted: Effective: BAORD-648A.BGTfla6 • • • ALL FUNDS SUMMARY Proposed Revisions to 1995-96 Adopted Budget $Increase/ 1994-95 1995-96 1995-96 (Decrease) %Increase/ REVENUES Actual Adopted Revised Adopted -Decrease Ad Valorem Taxes $3,841,660 $4,561,665 $4,561,665 $0 0.0% Sales Tax 1,650,001 2,011,500 2,011,500 0 0.0% Franchise Fees 478,633 516,715 516,715 0 0.0% Fines 274,154 260,400 260,400 0 0.0% Charges for Services 109,093 94,800 94,800 0 0.0% Permits/Fees 2,060,824 1,953,335 1,953,335 0 0.0% Miscellaneous 265,783 159,275 159,275 0 0.0% Water Sales-residential 3,051,223 3,355,175 3,355,175 0 0.0% Water Sales-commercial 511,344 687,000 687,000 0 0.0% Wastewater Sales 511,901 610,000 6i0,000 0 0.0% Sanitation Sales 396,761 420,000 420,000 0 0.0% Other Utility Charges 310,156 318,625 318,625 0 0.0% Interest Income 346.873 285.000 285.000 0 0.00A Total Revenues $13.808.406 $15.233.490 $15.233.490 $Q 0.0% EXPENDITURES City Secretary $197,727 $210,893 $226,868 $15,975 8.1% • City Manager 348,306 353,712 ' 393,332 39,620 11.4% Economic Development 98,694 126,813 • . 126,813 0 0.0% pport Services0 706.488 815.850 931.190 115.340 16.3% neral Gov Total $1.351.215 $1.507.268 $1,678.203 S170.935 12.7% Finance 258,981 295,906 . • -. 418;818 122,712 47.4% Municipal Court 201.965 242.475 242 475'. Q .0 0% Finance Total $460.946 $538.381 $661.093 S122.712 26.6% Fire 783,873 900,166 . 955,660 55,500 7.1% Police 1,304,845 1,447,567 1,447,567 0 0.0% Public Safety Support 608.880 843.124 843:124 Q 0.0% Public Safety Total $2.697,598 $3,190.857 r.. $3.246,35T S55.500 2.11, Building Inspections 329,647 385,169 •. 385;169 0 0.0% Streets/Drainage 1,058,438 939,197 939;197 0 0.0% Public Works Admin 359,623 443,327 443,327 0 0.0% Water 2,737,799 3,368,103 ; ._:.3;368,103. 0 0.0% Wastewater 1,380,907 1,458,207 . 1,458,2077 0 0.0% Sanitation 350.283 378.000 . ` 378.000 Q 0.0% Public Works Total $6.216,697 $6.972.003 $6.972.003" $Q 0.0% Parks and Recreation 618,720 664.547 712:186 47.639 Lys. Community Dev.Total $393.321 $391.332 S498.992 $107,660 27.4% Other 0 0 '. .;.6 0 0.0% Debt Service 1.673.973 2.026.295 2.026.295' Q 0.0% Total Expenditures $13.412.470 $15.290.683 $15.795.129 $504.446 3.8% Net Revenues $395,9.3.6 ($57.1931: ($561,6191 ($504.4461 Proceeds from C.O.Sale/Other $445,500 $330,000 $430,202 $100,202 Transfers In $1,167,734 $1,343,235 $1,343,235 $0 Transfers Out ($1.675.979. (52.183.6061 ($2.183.606) S4 otal Other Sources(Uses) J$62.7451 ($510.371, ($410.1691 $100 2Q2 inning Fund Balance $4,637,152 $5,463,664 $5,463,664 served Fund Balance $493,321 $0 $0 Ending Fund Balance $5.463.664 $4.896.100 $4.491.856 2'Cz 7 r • GENERAL FUND Proposed Revisions to 1995-96 Adopted Budget $Increase/ 1994-95 1995-96 1995-96 (Decrease) %Increase/ REVENUES Actual Adopted Revised Adopted -Decrease Ad Valorem Taxes $2,375,342 $2,888,600 $2,888,600 $0 0.0% Sales Tax 1,033,501 1,341,000 1,341,000 0 0.0% Franchise Fees 478,633 516,715 516;715 0 0.0% Fines 274,154 260,400 260,400 0 0.0% Charges for Services 109,093 94,800 ,'94,800 0 0.0% Permits/Fees 1,901,245 1,853,335 1,853,335 0 • 0.0% Miscellaneous 76,905 74,075 74,075 0 0.0% Interest Income 126.808 120.000 120.000 Iz 0.0% Total Revenues $6,375,681 $7,148,925 $7,148,925 $0 0.0% EXPENDITURES . City Secretary $197,727 $210,893 $226;666 $15,975 8.1% City Manager 348,306 353,712 393,332 39,620 11.4% Economic Development 98,694 126,813 126,813 0 0.0% Support Services 706.488 815.850 931:19Q 115.340 16.3% General Gov Total $1.351.215 $1.507.268 $1.678.203 $17 r,935 12.7% Finance 258,981 295,906 418;618 122,712 47.4% Municipal Court 201.965 242,475 : :.`.242:475 Q 0.0% Finance Total $460.946 $538.381 $661.093 $122.712 26.6% 783,873 900,166 ;:-:955;666 55,500 7.1% lice 1,304,845 1,447,567 1,447;567 0 0.0% Public Safety Support 608.880 843.124 . ' <843:124' Q 0.0% Public Safety Total $2,697.598 $3.190.857 .. $3,2 6 357 $55.500 2.1% Building Inspections 329,647 385,169 '•385169 0 0.0% Streets/Drainage 1,058,438 939,197 939„197. 0 0.0% Public Works Admin 359.623 443.327 .: :443.327 Q 0.06' Public Works Total $1.747.708 $1.767.693 ;: $1767;693 $Q 0.0% Parks and Recreation $389.861 $474.067 .;':: :$506:30Q $32,239 8.3% Community Dev.Total $393.321 $391.332, ..:r<'':$498 992 $107.660 27.4% Total Expenditures $7,040,649 $7,869,598 `:::.$8358644 $489,046 6.9% Net Revenues ($664 9681 ($720.6731 ' ($1 209.719j ($489.0461 Proceeds from C.O.Sale/Other $445,500 $330,000 $430;202 $100,202 Transfers In 496,360 556,600 :.,a`:.' :556,600 0 Transfers Out ($623.000) $Q :'s$Q $Q Total Other Sources(Uses) $318.860 $886.600 $986:802 $100.202 Beginning Fund Balance $1,542,081 $1,689,294 $.1;689;294 Reserved Fund Balance $493,321 $0 $0 Ending Fund Balance $1.689.294 $1.855.221 $1:466:377 Fund balance percentage-C/Y 23.99% 23.57% 17.54% 4110 SG - 2 } S DEBT SERVICE FUND Proposed Revisions to 1995-96 Adopted Budget $Increase/ 1994-95 1995-96 .' 1995-96 .. (Decrease) %Increase/ REVENUES Actual Adopted Revised Adopted -Decrease Ad Valorem Taxes $1,466,318 $1,673,065 $1,673,065 $0 0.0% Interest Income 34.721 30.000 30,000 4 0.0% Total Revenues $1,501,039 $1,703,065 $1,703,065 $0 0.0% EXPENDITURES Principal $665,000 $891,500 .:$891;500 $0 0.0% Interest 561,215 570,833 : 570833 0 0.0% Admin.Expenses 2.170 2.40Q ^;:_.i, ;Z.QQQ 4 0.0% Total Expenditures $1,228,385 $1,464,333 ; :;_$1;464,333, $0 0.0% Net Revenues $272.654 $238.732 ;'$23873i IQ Transfers In 53,725 55,556 .. :: 55,556 0 Transfer Out (251,585: (251,203:' .(251,203) 0 Beginning Fund Balance $293,099 $367,893::;;.:::: :.$367;893 Ending Fund Balance $367.893 $410.978 ::,: ::<$410:978 S S S& -9 .. . • UTILITY FUND Proposed Revisions to 1995-96 Adopted Budget - $Increase/ 1994-95 1995-96 . 1995-96 (Decrease) %Increase/ REVENUES Actual Adopted Revised• Adopted -Decrease Miscellaneous $188,878 $85,200 $85,200 $0 0.0% Interest Income 142,490 90,000 90,000 0 0.0% Water Sales-residential 3,051,223 3,355,175 3,355,175 0 0.0% Water Sales-commercial 511,344 687,000 687,000 0 0.0% Sewer Sales 511,901 610,000 '.: 610,009 0 0.0% Sanitation Sales 396,761 420,000 ,- .420,000 0 0.0% 318.625 Other utility charges 310.156 • ., . .. ... .. - ...318;625 g 0.0% . . ...... Total Revenues $5,112,753 $5,566,000 '..-.-$5566;006 $0 0.0% ..... EXPENSES Other $0 $0 .-...-:,Ei,.:..:i,:'--. 'ii,:-$6 $0 0.0% Debt Service-Revenue Bonds 193,278 197,762 ,..'.::',:;:::':497,762 0 0.0% Water 2,737,799 3,368,103 . .-'.::. ,- .66.,ip : 0 0.0')/0 Sewer 1,380,907 1,458,207: ...-.I:458,207 0 0.0% Sanitation 350.283 378.000 • : •:-.*.378..000 g 0_02ht • ... . Total Expenses $4.662.267 U.402.072..:-.:$5,402.672 $0 0.0% • .,:.•.!.,.ii.:-..,,.,'....,::;:;:',..: Net Revenues $450.486 1163.928 .,":'-:-.-!:;1183:926 IQ Illnsfers in $366,339 $367,879 ".'....,--.:-$. .. q7.0.4. nsfers out (550.084, (1.569.203;:":.i-.:.::' 1":569•:2031 Total Sources(Uses) (183,745) (1,201,324) ..-•:::,(1; 01i324) Net change in w/c components 12 SA ::•-•:,-..-',.';i,...-,1:-4.Q. .'::.::-:,E1::::.:ri*'41i,i .::•.:•.,. Beginning fund balance $2,165,955 $2,432,696 . :::-$4432,695 Ending fund balance $2.432.696 $1395300 . .- -....,... —-. . . .' .$1.3951300 No.of days working capital 190 94 ••,:::,,,--.,--,....*: ::::••,••94' 0 , • SPECIAL REVENUE FUND Parks/Recreation Proposed Revisions to 1995-96 Adopted Budget : $Increase/ 1994-95 1995-96 1995-96::.. (Decrease) %Increase/ REVENUES Actual Adopted 'Revised Adopted -Decrease Permits/Fees $159,579 $100,000 $100;000 $0 0.0% Miscellaneous 0 0 0 0 0.0% Interest 17.854 6.000 6.000 4 0.0% Total Revenues $177,433 $106,000 .� .':'$106,000 $0 0.0% EXPENDITURES Parks and Recreation $181,179 $138,000 :$153;400 $15,400 8.5% Park Improvements 0 0 : : : .. '0 0 ERR Land Q. Q ..;:.:;; ::;,:,`•:Si Q 100.0% Total Expenditures $181,179 $138,000 ;.-: :"$153;400 $15,400 8.5% Net Revenues ($3,7461 ($32,000] .::($47;400J ($15,400] Proceeds from C.O.Sale $0 $0 $0 Beginning Fund Balance $143,717 $139,971 130 97;1. Ending Fund Balance $139.971 $107.971 ";':,.' $92:571` S S ?G. - ► O SPDC - OPERATING FUND Parks/Recreation Proposed Revision to 1995-96 Adopted Budget ' $Increase/ 1994-95 1995-96 .1995-96. (Decrease) %Increase/ REVENUES Actual Adopted Revised Adopted -Decrease Sales Tax $616,500 $670,500 _ $670,500 $0 0.0% Interest 12.500 21.000 21.000 Q 1_02A. Total Revenues $629,000 $691,500 :$691,500 $0 0.0% EXPENDITURES Personnel $47,680 $47,680 .$47,680 $0 0.0% Operations 0 4,800 4;800 0 100.0% Capital Q Q • • -:0 Q 0.0% Total Expenditures $47,680 $52,480 ;::.,$52,480 $0 0.0% . Net Revenues $581,320 $639,020 : : $639;020 $0 Transfers Out (251,310; (363,200; ". (363,200; Proceeds from C.O.Sale Q O. - Q Total Other Sources(Uses) (251,310; (363,200) :-.:_;(363,200) Beginning Fund Balance $165,451 $495,461 '`:.$495;461: Ending Fund Balance $495.461 $771.281 ," .. -$771i281: O .. _ Ill s.cl- -1 ;% 0 SPDC - DEBT SERVICE FUND Parks/Recreation Proposed Revisions to 1995-96 Adopted Budget $Increase/ 1994-95 1995-96 11995-96.' ' (Decrease) %Increase/ REVENUES Actual Adopted Revised. Adopted -Decrease Interest Income $12.500 $18.000 '$18.006 $Q 100.0% Total Revenues $12,500 $18,000 $18,000 $0 100.0% EXPENDITURES Principal $50,000 $95,000' .: $95,000 $0 100.0% Interest 201,310 268,200 '.': ;';268;200 0 100.0% Admin.Expenses 1.000 1.000':'`:":;:>1';000 Q 100.0% Total Expenditures $252,310 $364,200 ,:: ,:::$364,200 $0 100.0% Net Revenues ($239,8101 ($346,200)'.':.> .($346 200) $0 Proceeds from bond sale $0 $0 ,:"'•.'•' -' ';':::'$Q Transfers In $251.310 $363.200 >:: ':;$363;20Q Total Other Sources(Uses) $251,310 $363,200.•'',, '$363;20.0 Beginning Fund Balance $256,153 $267,653 $267•653 Ending Fund Balance $267.653 $284.653 : I »$284'653 IIII Ere - 13 City of Southlake,Texas MEMORANDUM 41111 March 28, 1996 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works _ SUBJECT: Developer Agreement for Napa Valley Estates Addition, Phase II The Developer Agreement for Napa Valley Estates Addition, Phase II is attached. There are several revisions to the standard Developer Agreement that are highlighted and struck out. These changes are noted as follows: • Page 1, GENERAL REQUIREMENTS: section B. will allow building permits to be issued after infrastructure listed in the Agreement has been completed. The Developer chooses not to provide the usual requirements of Cash Escrow, Letter of Credit, Performance Bond or Payment Bond. There are several struck out sentences throughout the Agreement that refer to the requirements. Maintenance Bond requirements will remain the same. Allowing the Developer to construct an Addition without the above requirements has been • done previously, as in the case of Napa Valley Phase I and Myers Meadows. Section C. will allow building permits to be issued before the City accepts the Addition only if Developer obtains a Cash Escrow, Letter of Credit, Performance Bond or Payment Bond as set forth in Agreement. • Page 10, OFF-SITE DRAINAGE: states that Developer will pay drainage pro-rata in the amount of$5,608.55 for the culverts located in East Continental. • Page 10, OFF-SITE SEWER: states that Developer agrees to install the necessary sanitary sewer connection through the South Hollow Addition. • Page 10, PARK FEES: requires the Developer to pay the usual Park Fee of$500 per lot. The cost will be $5,500 for 11 lots. • Page 10, STREET ACCESS FEES: Instead of paying perimeter street fees, the Developer or Developer's successors in interest will pay a street access fee per lot at the time a building permit is issued. Prior to this agreement, a Special Developer Agreement (approved by Council February 6, 1996) provided for the Developer to make pavement repairs to Carlisle in two phases with the City sharing one-half the cost. The Special Developer Agreement is attached and is made part of this Agreement. 410 10 A-1 Curtis E. Hawk, City Manager Developer Agreement for Napa Valley Phase II. March 28, 1996 Page 2. Please place this Developer Agreement on the April 2, 1996 agenda for Council consideration. BW/sm Attachments: Developer Agreement Map r • 10 A-2 ® NAPA VALLEY ADDITION, PHASE II DEVELOPER AGREEMENT An Agreement between the City of Southlake, Texas, hereinafter referred to as the "City," and the undersigned Developer, hereinafter referred to as the "Developer," of the Napa Valley: Addition Phase.Il, to the City of Southlake,Tarrant County,Texas, hereinafter referred to as the "Addition," for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to the'1 T lots contained within the Addition Phase II and to the off-site improvements necessary to support the Addition. I. GENERAL REQUIREMENTS: A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this Agreement. B. Upon the installation of water and-sewer mains, the approval by the City of water' quality;,the satisfaction of all"Fire Code requirements;the installation Wof street signs. with streef mines.and"block numbers and the completion of the streets;the Addition 110 shall-be accepted-by the:City as provided-in Paragraph IE below-arid"building permits shallbe available? C If_Developer desires to ain:biiilding:periiiitS-fofthe constitation of houses-bake theAdditioh is aecepted;"either a CaSh Escrow;Letter of Credit Performance-Bond or Payhent-Borid,acceptable tel the City;will be hIadeguaradteeing aria agreeing to pay an amount equal;to 100%of the value of the facilities yet unconsfruete is as of the date-of the buildingWpermit requestT Said instrument to provide-for r paymenCtb-the City-Cif sueh airiounts should be Developer-fails to complete"said work witliin.two` years_thereafter:-Ail-bonds woulcTbeapproved:by_the Best°rated bonding company:, All Letters of Credit must meet theRequirements for evocable Letter:of~Credit attaehed"liereto andlineorpo afed-herein: B. Sincc the Developer is prepared to develop the Addition as rapidly as possible-and uJ lu�./lu/�' LLJ�./V JJL VLN, Lllli V J strcct signs with strcct names arc in place. r inpbrary--Ml=wcathcr;mci l signs _ secure y:, a3tciicclvin the Wgroiin� _..._`"gym. _ _ 5__.._.. . ".._. ." installed:; The Developer ccognizes that tlic rcinaining"""biiildirig perri5its or Get., . 10 A-3 • This will serve a completed. to pay-an amount equal to 100% of thevaltte-of-the-eonstrnetion-eost-of--all-of-the of such amounts, up to the t pany. All letters of credit must meet the Requirements f - I - bt r tt FC-,.,ait att a e,7 hereto ana tea hers rate consistent with the amount of work that has been completed-by-the-Developer Performance a , asonably acceptable to-City, hereinafter referred to as 411 Contractor, will be acceptable in lieu ' D. The Developer agrees to furnish to the City maintenance bonds, letters of credit or cash escrow amounting to 20% of the cost of construction of underground utilities and 50% of the construction cost for paving. These maintenance bonds, letter of credit or cash escrow will be for a period of two (2) years and will be issued prior to the final City acceptance of the subdivision. The maintenance bonds, letters of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. If the Developer chooses to construct bar ditches in lieu of curb and gutter, and the City approves the design and grade of bar ditches, Developer understands and agrees to provide maintenance on the bar ditches for a period of two years from the date of acceptance of the Addition. Maintenance includes trash and debris cleanup,mowing, and erosion control. E. Until the performance and payment bonds, letters of credit or cash escrow required by Developer, -2- 10 A-4 E. It is further agreed and understood by the parties hereto that upon acceptance by City, title to all facilities and improvements mentioned hereinabove shall be vested in the City and Developer hereby relinquishes any right, title, or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvements, City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities shall occur at such time that City, through its City Manager or his duly authorized representative, provides Developer with a written acknowledgment that all facilities are complete, have been inspected and approved and are being accepted by the City. F. On all public facilities included in this agreement for which Developer awards his own construction contract, Developer agrees to the following procedure: 1. Developer agrees to pay the following: a. Inspection fees equal to three percent(3%) of the cost of the water, street, drainage and sanitary sewer facilities, on all facilities included in this agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; b. Administrative Processing Fee equal to two percent(2%) of the cost 11/ of water, street, drainage and sanitary sewer facilities, on all facilities included in this Agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; c. Trench testing (95% Standard); d. The additional charge for inspections during Saturday, Sunday, holidays, and after normal working hours; e. Any charges for retesting as a result of failed tests; f. All gradation tests required to insure proper cement and/or lime stabilization. 2. The City agrees to bear the expense of: a. All nuclear density tests on the roadway subgrade(95% Standard); b. Technicians time for preparing concrete cylinders; and S -3- 10 A-5 c. Concrete cylinder tests and concrete coring samples.building1111 s City can delay connection of g s to service lines or water mains constructed under this Agreement until said water mains and service lines have been completed to the satisfaction of and accepted by the City. G. The Developer and any third party, independent entity engaged in the construction of houses,hereinafter referred to as Builder will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said subdivision which have not been sold to third parties. After fifteen (15) days written notice, should the Developer or Builder fail in this responsibility, the City may contract for this service and bill the Developer or Builder for reasonable costs. Should such cost remain unpaid for 120 days after notice, the City can file a lien on such property so maintained. H. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney for the City and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. I. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas,provided that the City,through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City of Southlake regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. II. FACILITIES: • A. ON SITE WATER: The Developer hereby agrees to install water facilities to service lots as shown on the final plat of the Addition. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and reviewed by the City. Further,the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City requirements,the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation S -4- 10 A-6 purposes only, to individual lots during the construction of homes, even though sanitary sewer service may not be available to the homes. B. DRAINAGE: Developer hereby agrees to construct the necessary drainage facilities within the Addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers,reviewed by the City Engineer, and made part of the final plat as approved by the City Council. The Developer hereby agrees to fully comply with all EPA requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. The Developer hereby agrees to comply with all provisions of the Texas Water Code. C. LAW COMPLIANCE: Developer hereby agrees to comply with all federal, state, and local laws that are applicable to development of this Addition. D. STREETS: 1. The street construction in the Addition shall conform to the requirements in Ordinance No. 217. Streets will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and reviewed by the City Engineer. 2. The Developer will be responsible for: a)Installation and two year operation cost of street lights,which is payable to the City prior to final acceptance of the Addition; b) Installation of all street signs designating the names of the streets inside the subdivision, said signs to be of a type, size,color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances: c) Installation of all regulatory signs recommended by the Manual on Uniform Traffic Control Devices and as directed by the Director of Public Works.It is understood that Developer may put in signage having unique architectural features,however,should the signs be moved or destroyed by any means the City is only responsible for replacement of standard signage. 3. All street improvements will be subject to inspection and approval by the City. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this Agreement. All water, sanitary sewer, and storm drainage utilities which are anticipated to be installed within the street or within the street right-of-way will be completed S -5- 10 A-7 prior to the commencement of street construction on the specific section of • street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre-planned facilities. It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer hereby agrees to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. E. ON-SITE SANITARY SEWER FACILITIES: The Developer hereby agrees to install sanitary sewerage collection facilities to service lots as shown on the final plat of the Addition. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and reviewed by the City. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials and engineering. • F. EROSION CONTROL: During construction of the Addition and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this subdivision. When, in the opinion of the Director of Public Works, there is sufficient soil build-up on the streets or other drainage areas and notification has been given to the Developer,the Developer will have seventy-two (72) hours to clear the soil from the streets or affected areas. If the Developer does not remove the soil from the street within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the Addition at the Developer's expense. All expenses must be paid to the City prior to acceptance of the Addition. G. AMENITIES: It is understood by and between the City and Developer that the Addition may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes,unique landscaping,walls,and may incorporate specialty signage and -6- 10 A-8 • accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty item such as walls, vegetation, signage, landscaping, street furniture,pond and lake improvements until such responsibility is turned over to a homeowners association. H. USE OF PUBLIC RIGHT-OF-WAY: It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, etc., for the enhancement of the Addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowners association. The Developer and his successors and assigns understand that the City shall not be responsible for the replacement of these amenities under any circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to these improvements and the Developer shall, at his own cost and expense, defend and protect City against all such claims and demands. START OF CONSTRUCTION: Before the construction of the streets,and the water, sewer, or drainage facilities can ® begin, the following must take place: the name of the City prior to th 1. At least six (6) sets of construction plans stamped "Released for Construction" by the City Engineer must be submitted. 2. All fees required to be paid to the City. 3. Developer's Agreement executed. 4. The Developer, or Contractor shall furnish to the City a policy of general liability insurance,naming the City as co-insured,prior to commencement of any work. 5. A pre-construction meeting between Developer and City is required. Developer or contractor shall furnish to the City a list of all subcontractors and suppliers, which will be providing greater than a $1,000 value to the Addition. • -7- 10 A-9 • III. GENERAL PROVISIONS: A. Developer covenants and agrees to and does hereby fully indemnify,hold harmless and defend the City, its officers, agents, servants and employees, from all claims, suits or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons or property, including death, resulting from or in any way connected with the agreement or the construction of the improvements or facilities described herein; which indemnity, shall terminate upon acceptance by the City of such improvements or facilities; and in addition, the Developer covenants to indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from and against any and all claims, suits or causes of action of any nature whatsoever, brought for or on account of injuries or damages to persons or property, including death, resulting from any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of the Developer, its contractors, subcontractors, agents, servants or employees, which indemnity, shall terminate upon acceptance by the City of such improvements or facilities. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the City Engineer or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the City Engineer signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection,the Developer shall for a period of two (2) years after the acceptance by the City of Southlake of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the City, its officers, agents, servants or employees, or any of them,on account thereof,to pay all expenses and satisfy all judgement which may be incurred by or rendered against them or any of them in connection herewith. 10 A-10 D. This agreement or any part thereof or any interest herein, shall not be assigned by the • Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this agreement for which the Developer awards his own construction contract,the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public streets and to be qualified in all respects to bid on public streets and to be qualified in all respects to bid on public projects of a similar nature. F. Work performed under the agreement shall be completed within two (2) years from the date thereof. In the event the work is not completed within the two (2) year expense; provided,however,that if the construction under this agreement shall have started within the two (2) year period, the City may agree to renew the agreement with such renewed agreement to be in compliance with the City policies in effect at that time. G. The City is an exempt organization under Section 151,309, Tax Code, and the facilities constructed under this Agreement will be dedicated to public use and accepted by the City upon acknowledgment by the City of completion under Paragraph I.F. 1. The purchase of tangible personal property, other than machinery or equipment and its accessories, repair, and replacement parts, for use in the performance of this Agreement is, therefore, exempt from taxation under Chapter 151, Tax code, if the tangible property is: a. necessary and essential for the performance of the Agreement; and b. completely consumed at the job site. 2. The purchase of a taxable service for use in the performance of this Agreement is exempt if the service is performed at the job site and if: a. this Agreement expressly requires the specific service to be provided or purchased by the person performing the Agreement; or b. the service is integral to the performance of the Agreement. S -9- 10 A-11 IV. OTHER ISSUES: 40 A. OFF-SITE DR AINAGE: The Developer understands that the Drainage Ordinance, Section 6.06-B, requires that each development contribute on a pro-rata basis towards the cost of replacing critical drainage structures downstream from the development. This development is within the basin served by two box culverts in East Continental at&JiltIf Carroll" and a culvert in East Continental-approxiiiiately 1,880 feet west of South'Kimball. The Developer agrees to pay $5;608 55 toward the culvert expense prior to the beginning of construction. B. OFF-SITESEWER: The Developeragreestb hi all the necessary sin itary sewer eoiiiieetibii through"the South Hollow Addition: C. OFF-SITE WATER: W + f •lit •l 1. ,. ll •+l i +• t t • Developer agrees to complete this installation in accordance with Ordinance No. 170 C. PARK FEES: The Developer agrees to pay park fees in conformance with Ordinance No. 483 (Subdivision Ord.),Article VII,Park and Recreation Dedication Requirements. The Addition consists of 1.-1(lots for a total required park fee of$5,500: E. PERIMETER STREET ORDINANCE: $50,000/mile, in accordance with Section I , , which will require a Perimeter Street Fcc of$ D; STREET"ACCESSFEES The_Developerrequested TSpec d Developer Agreeme i f45fNapa Valley Phase:U previous to this agreehient: The SpeeialrvAgreement=provided"`thati if lief • -10- 10 A-12 Perimeter Street Fees, Developer Or Developer's""successors ii interest"will pay a street.;access fee per;lot"at the;tulle "a butldiil periiiit is issued: ""°Prior to;the development o f the Addition,;the Developer:also desired to make pavement repairs to Carlisle Lane iri two phases with-the-city sharii g-orie-half the coat City Council approved this agreenrient at the,February 6,-1996-couneir meeting. The Special Developers:Agreem ent is attached as.Exhibit"A"and-is made as-part""o MIS Agreenierit. E. TREE PRESERVATION ORDINANCE: All construction activities shall meet the requirements of the Tree preservation Ordinance 585. SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: By: Title: • Address Date: CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor ATTEST: Sandra LeGrand, City Secretary Date: wpdocs l develop.agrl napa2.val O -11- 10 A-13 REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT r 1. The Letter of Credit(L of C) must have a duration of at least one year. 2. The L of C may be substituted for utility security deposits exceeding $10,000.00. The City reserves the right to specify the face amount of the letter of credit. 3. The L of C must be issued by an FDIC insured bank in a form acceptable to the City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The L of C must be issued by a bank that has a minimum capital ratio of six (6%) percent, and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against L of C must be permitted. 7. The City must be able to draft on sight with proof of amount owed. 8. The customer pays any and all fees associated with obtaining L of C. 9. Expiring letter of credit must be replaced by substitute letters of credit at least 30 days prior to the expiration date on the L of C held by the City. • -12- 10 A-14 Exhibit "A" SPECIAL DEVELOPER AGREEMENT NAPA VALLEY PHASE II ADDITION 411/ STATE OF TEXAS § § _ COUNTY OF TARRANT § This agreement is entered into by and between the City of Southlake, Texas, hereinafter referred to as the "City", and Napa Valley Estates II, hereinafter referred to as the "Developer", the owner of the below described property. WHEREAS, the Developer has applied for final plat approval on an approximately 5.811 acre tract of land situated in the J.W. Hale Survey, Abstract No. 803, Tract 2A, hereinafter referred to as Napa Valley, Phase II Addition; and WHEREAS, the City and the Developer desire to document their agreement with regard to certain issues related to the Developer's responsibility for dedication and construction of Carlisle Lane adjacent to the Napa Valley Phase II Addition. NOW, THEREFORE,the parties hereto agree as follows: 1. In lieu of a perimeter street fee the City and Developer agree that the Developer or Developer's successors in interest will pay a street access fee of$1,500 per lot at the time a 0 building permit is issued, until such time a street impact fee is effective. 2. The Developer will repair Carlisle Lane in two phases. Phase I is from East Continental Blvd. to approximately 550 feet north. Phase II is the remaining Carlisle Lane up to Rainbow Street, a distance of approximately 1,050 feet. Phase I will begin upon the approval of this Special Developer Agreement. Phase II will be completed after the completion of utility work in the street right-of-way. 3. The Developer and the City agree to share equally in the cost of the pavement repair. The Developer's contractor will do Phase I for a cost of$11,450 and Phase II for $14,490. 4. The Developer and Contractor agree to construct the pavement repair as per the plans and after a preconstruction conference with the City Engineer and Construction Inspector. 5. It is recognized and agreed by both parties that a final developer agreement must be negotiated at the time of final platting and prior to beginning of construction for Phase II of the Napa Valley Addition in order to address the specific requirements and all other issues associated with a developer agreement. The terms of this Special Developer Agreement shall be incorporated into the final developer agreement. C:\WPW IN601WPDOCS\DEVELOP.AGR\NAPAPH2.WPD • 10 A-15 6. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. SIGNED and effective on this '7 day of , 1996. DEVELOPER: NAP4 VALi.,EY ESTAR II CITY OF SOUTHLAKE, BY: Y: f �--� ary Fickes TITLE: .� w� BY: Mayor s *,ii * * * • C:\WP WIN60\W PDOCS\DEVELOP.AGR\NAPAPIi2.W PD S 10 A-16 ' III) lol uma 1 I 'I.' I/l . • o1l-f6 Y2 PN"r'w.-w COOP il o .1ra -•0P4S' 1a,1•47 ul Y'lli iI °Hl II II ' �1 _-,/I L_ —..—..— —mil ;•—•...,. ler w.i.n ! �p — —jjmjl , i•y rd' I ..i(—:'r• T — _ ...WO • E...._ a il,arn� y�o; ; r;' �� '▪ ii 3 iI tl,� 1 L I PL ; .l.a 1 . „ ..a� �Q .( f '„S £ W F�YII ctF /I �F'' In6fnrC.,9Nn9z oM'DNNW VLB Air.:.• • uavl6 ..,. J�.1.. fit. __, I l.ai`nIg lr > •H-. �['I _ l7/+/ ,......r.wLrJUU -- ( wi ..J17. .1 - ..-.. ..-.. VI.7.r..•.room.....1 ...yr rz ▪ . n Va �� _�¢'- .wvoa .w•a a Nw nuvnPw kw.praraca evr.s.r.Pa J..we • ••-� lie _--P . _ ` -- w+.va/o YOY°+vn��_ --- .. ionain0-�O U;UI UO SD I N • w,•ae+pw•Iw/•P+P Fd I -�"I' P I a I 1 J 3 3 PIA I0..w IP.i•,w..p.PP,. I O 4 1 { I I o w p eyed.Aura w M 1°Iw w pw .�IQ fF I. i / I I a•wa'4,u. :54 lip IO ylu I I., ' (( wl uq P w9spa A eiurel pm��lo.W�w .HPPIP>ap uI.alh.Plal 1 '�IPIu!l+P +P { H:^IEI , I • ,naa 1 I sop.pp..-w W AI SIDNM'A, a9v*lei, >PP l° °011 OE E, I 9?' 1 I I. '.4w,.. OP PP P'ON iald' Ie OA4T .....—..—.IF/ \ i • 4Yi I_ awd Arc"' I I la xi .fir / • 0" 1.IY ,; _-... •—..—.I 1 1 — _. l , i.°°x .w•B lra'Y . • Pro w w.Y.w'�••s•.Inr Al l•pro..•..BP _ —.. ,�P I • ' v.�rpNlrof n Al.w PYNa,i•F,IYIt o luBJ...i I I I d,I- ¢.,'cp+ 1 9�\ . (m nP..lmc la r 4.4.fvnepw�•,w••w.lq...0.0.. 1.w., M�•w w poul nolLnno9 Jo RU9 WI o,IbISIPP0 Pol 11 9 I s. ' ' I: r 5, d. P III I `' • •N�0.1.......FM..w lP nwe Pm avN.PAP o.P>pry a°w 0 t P I 1 Pv w w rpw lw..one.14...4 va•PPvn•rege•w.1.1l r>V f•n II aeeL�d I'I —..I I • ..-f i•.' 11, \ • Iee,o1S.a le dv.19 NP^d p.14byo we•BlwN,paw ,W.elNePPI • • �y • \• • MBYX•IYT,S.NLNK6 a� l�� e �N I j J l 1 :..;e / y it • \ , I • -'-.. 1 crave 1 i. \;;N ;eld l euld I ' - : T .. II1;q Pwtz ' I . Y /`....• \ \:;• .. • 'era, '�. .Art ^ 1 li�._.I • ln.v�e \ ewM tal°" . • ' . 4 w 1� I : i Yu-_ gun'" I1.;' 1 ; • , - • I I • I I t r 9a I' I J4 • „(L Sal,• e 2•I-.w•.M P ,VA BNY GNYN An awl IOW ...J I J.._. ` ,7{ 1 -�- -2 coroz : of I I. III 1 F a�6y I,v wove 16.rmN PP°to Mro w w , I ill, 1 .I •f•aT'� • w••Pm*d oe.w+w A.me ew M pus...AP P l°wM1ma nw • �+ l ii� I P • ,yp ,,�° 3 PPP•w w1•..•Al....•a,av,•v.°I paP•r•vc°D.,u•vM.1� ..-..-. .•PFO I • /^ : • I. ,,1.•J,� ' ,. 6., •• • 1 1 I ---..... • `.2 '0'r` b7 - a I ,u.✓1 uoquoe a'911 Y.NI I'p..l•eem°N l•,wN• •v°.•l.w•a.,w t N A5' I 11l Ia}_fef° 14' I I.I-h. _ .1pP.�y� paem....re lop.v1 w Vo.Ano p.du/u•w 74 3 00 �1 • ,:go- 1 I I" ab v, \ ' 1WYaM1.D AIln, , I .r D. I ,a 'x. _III '_, P.F I • frn,Al1.0 I L..- r ..-..I Ir ,x y Y4 , III.!- °<••Q • • p J rnB I eu.N • v •:V . • i I ' 1,'$Dvf6 1 • •r- 4�-j I .F.. ..2•- ' • - i N c 1 II w,P w/•°Y.c sell•-- O I ,rF • I -.: I•n / ••-•••71 oaroa nova tI• 111' • r • lP l°/-�•M.P.rL YIJ luvPl' •.°MnK w rw.to avua` • t ( I' 4 c+ io Sryr 7 1 f..,ya.l® 71 1Ir__ro...-. nP..w..P1• 5 1'..i Y '�•� LL_•CN _3rPlLJ 1' a1.u..w P•r:e•n•rw•.n•.pN eye•1 ae.WP 1pAv poop;ow rp l `'/ I a I I.- I " I • x,ro� r,PMros,.+I9•a•I P nPp.b«e.Amrn r•r 21` r rJ" I - ,y aiM momP• .1 I .°t, m!r°Wwuv ea avl4:4 IoA.rvl loop°to•••v•e°P 9•+ar aaa�y9 I 1 1 • : I'f.I�..-..'-IY i +,Z1 `II r• 1 p4•°wro IN•I,P•aluPvn•w aan°•vl Pw'a'PIt'B••oW ia'S' lVl4• I ; {{'' •.-• •.-..-.• .. ..-..J , \ E I G. 9 I • 1 Ifl{- _ SIN]Ube MA AB N]n TIY rove 7ameDN1*ON.-..�-..-..-. -.. 1��, or �I POW aoaz I',IO' -- dn..,fi7lulolit • I j r i r t"`IA•,:A . ed'T;,.' .... ( D,1691y2 , r • 11Io .le'=1 ,• - • InT • `yy hrf••�,s _ .- qv I I , 4•v t... + 91.1 A.Ir•/••ror PLISSE w au.-°° . .•df t I 2'' I s CI I a • /� +'11 _ ....oa Pa BNv4Al9 Jo 1NW•w •I iW ST59o1 w PPP•7.11.10.0O S SWW o a R I II-•--•.-•y'A. 7.K.PI.IPN.'t,IONI .I(. a..P AI Ip W.°..I•.1 AA to TfL/•.-' .. 7-1 C L� ve i zaa9a [ I, —.. yina- Nat I°IvaK,ir•,eels.oProa w j I ,t°+'p^ I-..- '.-� i L00"°a I• I I PPL•ef•Pnl9'W Am!°1va:Y wn°••w•••.1P./e/IN Pa PA.1 P y,W fL'9901 A.°o. 7,,•7.SI,co.oB N DON3N1 d t'I° T I .� hl l 'tl•wm a-�•eP a°mw Nat n,u4w.or P r1.r rinwa/•lw 1.IWu, . f I I 4 :".1(a tl�l- -.. •- p...w A.•/.•a I••rl•wJ•a lw MKT o..Y WON!• i I N,'„ �4-- `l. • Waal 1.0...P l...11110 a 04I4N930 1N9I...N.. • g rills I 11 .�I PI UIs 1 I LI III 6 I.pwmf•a.1••W W.1..1 1°H 0o9oS 1.14 u°N P°•/w0 r a37aa1 1 4w*N°•11/�uP M 3,W LL r.+-,.-. . - . 1 Ie ii Bap Pa./N.r rw Aura I.rw.1 s•w �1 Q I y Irk OP09T a pm9t „ III• �•L W.A..,.w Al..W P. •a Iw/arr ,°1..41••a 1••2 MP 1.^.r f•l•w bop.•.K as.W N=OM .1 • I "gl,TSa li t ripe i Z I'I I I •/•6I\a I curl Soap 11..,•1.PPa•Y Pe O SBPP•!N bye r•16i.w P.A...,••,vd a1.q 9 I....la.n•M Aura aJ- as)NLft I - I 1 I. f I •e'' BrAAnn w./P^°l 01 av1.1•a PA Pr=PAPA.,7 FP/e.11 wPN•w•wP N.lo FL SS N ..• I 1-� I 1' p6 i s1 l Ww3 IvuPl 5.a•b Iwo CV. MI•el 1•N WIZ N.P a199s olyd9JCJ . I P 1 I!I '�.yl'r ,i^oa.P°tl lI IVIPo•1 I•lr ea Iwl PY wuoa I.wwroS•w N Puml Pa W.1•°I%W WIZ ViPN 1W1a4 ` a4 Pei a 1 '� n-�-- t:c J� yF1 _ IIF _- Ap,". N••A.wm 1°rwro•rw•we prod PP Y.•ep•B'v.v..,1.31e 0..1w ew M 1..• o/m.•d9Ca • aal•.1 - c ----•al•.o•o AVE.i 4 Au,- r-11_'3 I I-., --.. ..eaa.°..oP..P I,......•.v:..I•• 9.G vet • F7 -..-. Tr'.-•'—, r"-. 1 b 1' ^1,i,..31 1•PP..Y P O CH••ae M IrP eaa,101..e . • •Z I a l�� 3 •aQ IOtI ii I: I 4,• . I' w..9 t PAN Pm u.og r r.v,•M.141......P�P11.w°V•u•.,.w/e W,Pe a Iya o� :1 Xi✓••.,,1 rI.°.Y P••B 11 'rll p rr vlf I t P I .. ' r. , P.••v Pw pope•.ro,vPl.1,v1.ea Tay N..,ANYre,1 iY•a r Z.,:A • I I '$.fi I tL'9f�1' n I I-I•�>Dn•�d6--. P1.1/•WI)•/e.1.°•P•w N,1.ao D•+Wwro lIM•11 1r•d,•.Pu1 w Ya1ww Pw l0 441m'lie'I woW YraM P<N 5s7N3iM I. /. �,i PI iIII,.J ��l''�� 3.IL91.S9-I I 1 *AI I' I b F I •I'-i SI.1I�..1• o♦♦F �' ' ,eI I 'I•I •ly'•t I I 1NVWYW vW / I. �11 i. LI T 1 q.11,..21 , +7 4UaN -°a� . —.., �at !i! . 1 : 11 1, r :1 • • • ,, • City of South lake,Texas MEMORANDUM • March 28, 1996 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Special Developer Agreement for Sanitary Sewer Line Extension Along the Eastern Right-of-Way of Kimball Avenue Attached is the Special Developer Agreement to facilitate the construction of a sanitary sewer line along F.M. 1709 and Kimball Avenue. The sanitary sewer line extension will come from the north of F.M. 1709 at Kimball Avenue, which now serves McDonalds. The State of Texas has authorized a bore for the sanitary sewer line extension to cross under F.M. 1709 going south along the east right-of-way of Kimball Avenue. The sanitary sewer line will go south to the proposed Prim Rose Day Care site and will also go east along F.M. 1709 to the proposed travel agent site (map is attached). This sewer line will ultimately be able to serve any future development that may be constructed on the corner of South Kimball and F.M. 1709. The basics of this Special Agreement are: • The City will allow Developer (Southlake Kimball Venture, Ltd.) to construct the sanitary sewer line along the eastern right-of-way of Kimball Avenue to the proposed Prim Rose Day Care Center site and go east towards the proposed travel agent site. • Construction will be in conformance with the approved plans submitted to the City and reviewed by the City Engineer. • Developer agrees to pay the Administrative Processing Fee of 2% of construction costs and Inspection Fees of 3% of construction costs. • To prevent streets from soil build-up, Developer will use soil erosion control devices such as hay bales, silt screening, hydro mulch, etc. Please place this on the April 2, 1996 agenda for Council consideration. 63/14g34611_ BWm Attach/sments: Special Developer Agreement Sanitary Sewer Line Drawing . wpdocslwpdocslwthead.memlagendalslkimdva.sew 10 B-1 S SOUTHLAKE KIMBALL VENTURE, LTD. SPECIAL COMMERCIAL DEVELOPER AGREEMENT STATE OF TEXAS § § COUNTY OF TARRANT § This agreement is entered into by and between the City of Southlake, Texas, hereinafter referred to as the "City," and Southlake Kimball Venture, Ltd., hereinafter referred to as the "Developer," the owner of the below described property. WHEREAS,the Developer has applied for an agreement to construct and install a sanitary sewer line extension along the eastern right-of-way of Kimball Avenue, South to the proposed Prim Rose Day Care Center site, and east on Southlake Blvd. to serve a proposed travel agent site situated in the G.W. Main Survey,Abstract No. 1098 in the City of Southlake, hereinafter referred to as sanitary sewer line extension; and WHEREAS, the City and the Developer desire to document their agreement with regard to certain issues related to the Developer's responsibility for the construction of the sanitary sewer line extension; and • NOW, THEREFORE, the parties hereto agree as follows: 1. The City will allow Developer to construct and install a sanitary sewer line extension along the eastern right-of-way of Kimball Avenue, South to the proposed Prim Rose Day Care Center Site and will also install the sanitary sewer line going east towards the proposed travel agent site. 2. It is recognized and agreed by both parties that the sanitary sewer line extension will be constructed in conformance with the approved plans submitted to the City and reviewed by the City Engineer. 3. It is recognized and agreed that the sanitary sewer line extension will be constructed in conformance with permits or regulatory authorizations granted by the City or the State of Texas. 4. Developer agrees to pay the Administrative Processing Fee (2% construction cost) and Inspection Fee (3% construction cost) for the sanitary sewer line extension before construction begins. 5. During construction of the sanitary sewer line extension and until the effected area is covered with vegetation, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydro mulch, etc., 0 to prevent soil erosion. 10 B-2 • Special Developer Agreement Page 2. 6. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. SIGNED and effective on this day of , 1996. DEVELOPER: SOUTHLAKE KIMBALL VENTURE, LTD. CITY OF SOUTHLAKE, TEXAS BY: BY: Gary Fickes, Mayor • TITLE: wpdocs I devagreelslkimsew.wpd 10 B-3 1J 1 • q� ipizAg. N If , a — J1j 1pN : 4.01�' AreII.% i rrSA� _.... yi 1 •.• oA. e.e e.• e..�.�.... r� ...s It I I \ I 7A i I .... �X 2 3 tales RI to I , l - 1- - - - -- - - tifr '"'"• C 1.) 4 i3L:i,.-:,&1_• , A r - ./ 1 I Gog .1 , 15 At S p �R�•e� '••• b..•-" 1 .. -•_ _ f , 2.3 2A2A 2t. ADDril - - IA< I '1 i 1 i r I ' I r r r - - �— — i I I I 1 t a I a a I i ' - I ,' ' K 2 A 1 ' . r 1213 Ac 1 - O ! 1 1 1 1 1 1 .% , ,• . '. •J — 0 - ' VP. I L 1 i * ei.• ''' r I r r. - 1 I 44, - 1 1; V 1 1 I I 1 j ►•� -.-1I rflAej ;. e.11.-kijr -ei e. $' "i I; I • 1 Z 1 V i 4 oh le ra i kl, i ; H.; I- ov. AN t . - .3,, [21.. . _ _ _,45,1s.. .. . •— 13.6 Ac ,r� �3J _ I I ► 1 ` 11 i 1 I �►-•.` A •— —1— — " rv� (J)'+ J 1 1 t 1 t } f I �- — — — — — - — —+� '�/— — — .-. • I I I 1- 11 1 1 110 �— 0..•..q - ••.� - i i '( `j V . :` — — - , — • ...•. * f-A . 1 /... _ I I I L g. Exists 1 1 1 73 ! ' >." m 4 } �f .o...• Proposed 1 � t .i-- - �• 153 20 h 1 111?4 ... 1105A1 .. -t5 r !fl • 11 LED - ni.. A1 1 INTERLOCAL AGREEMENT BETWEEN THE • LAKE TURNER MUNICIPAL UTILITY DISTRICT No. 3 AND THE CITY OF SOUTHLAKE FOR USE OF DCWIPS STATE OF TEXAS § COUNTY OF TARRANT § COUNTY OF DENTON § This Agreement is made and entered into by and between the Lake Turner Municipal Utility District No. 3, Texas, a duly created political subdivision of the State of Texas, operating pursuant to the laws of the State of Texas and located in Tarrant and Denton Counties (hereinafter referred to as "LTMUD#3"), and the City of Southlake, Texas, a home rule municipal corporation operating pursuant to the laws of the State of Texas and located in Tarrant and Denton Counties (hereinafter referred to as "Southlake"). LTMUD#3 and .outhlake are hereinafter collectively referred to as the "Contracting Parties." WHEREAS, the Contracting Parties have entered into contracts with the Trinity River Authority of Texas ("TRA") for participation in the Denton Creek Regional Wastewater Treatment System (the "Denton Creek System"), which will treat wastewater generated by the Contracting Parties, in addition to other entities; and WHEREAS, TRA and Southlake have entered into agreements for the acquisition of easements and the financing, design and construction of a sanitary sewer interceptor known as the Denton Creek Wastewater Interceptor Pressure System, Phase III ("DCWIPS"), for the transportation of raw sewage from Southlake to the Denton Creek Wastewater Treatment Plant (the "treatment plant"); and Ilk:\ORD-RES.AGR\LTMUD#3.AGR/3/28/96 4:00pm lD - C I LTMUD#3 and City of Southlake Agreement for use of DCWIPS Page 2 • WHEREAS, a portion of the DCWIPS will be located within the district limits of LTMUD#3; and WHEREAS, the DCWIPS has been designed to provide capacity for properties located within LTMUD#3, and Southlake; and WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, authorizes governments within the State of Texas to contract with one another for the provision of various governmental functions and the delivery of various governmental services, including those in the area of public health, sanitation and utility service; and WHEREAS, the Contracting Parties mutually desire to enter into an agreement to allow LTMUD#3 to utilize purchase capacity in the DCWIPS and to set forth their respective rights 410nd obligations with respect to the DCWIPS. NOW, THEREFORE, for the mutual consideration herein stated, LTMUD#3 and Southlake agree as follows: Section 1 Southlake and LTMUD#3 agree to share in the cost of construction, mince of the DCWIPS, as provided in this agreement. In addition, this agreement will govern the flow capacities of the respective Contracting Parties in the DCWIPS and other matters related to the use and operation of the DCWIPS. Section 2 LTMUD#3 and Southlake agree to share all costs of the DCWIPS as set out in the "Trinity River Authority of Texas-Denton Creek Wastewater • C:\ORD-RES.AGR\LTMUDN3.AGR/3/28/96 4:00pm k LTMUD#3 and City of Southlake Agreement for use of DCWIPS Page 3 , �nterce for System Installment Sale AmendatoryContract (Cityof Southlake Project)" P Y J ) (hereinafter referred to as the "Amendatory Contract"), based upon the percentage of capacity reserved to the respective Contracting Parties pursuant to Section 3 of this agreement. The Contracting Parties further understand and agree that TRA will operate and maintain the DCWIPS and that the Contracting Parties are liable for their respective percentages of operation and maintenance costs based upon their percentages of participation in the DCWIPS. Section 3 According to a design report dated September, 1994 and entitled Trinity River Authority of Texas, Denton Creek Regional Wastewater System, Denton Creek Pressure System, Phase III, Design Report as amended, ("the Design Report") it is anticipated that 0TMUD#3 will connect to the DCWIPS at a location in the vicinity of Precinct Line Road and will share in the capacity of the DCWIPS from this connection to the DCWIPS' connection to an existing sanitary sewer line constructed by the Town of Marshall Creek for use by the Contracting Parties and other entities (the "Marshall Creek line"). allocated a 41% share of thc DCWIPS from Precinct Linc Road to thc Marshall Creek line to serve properties within thc arca to be served by LTMUD #3. The Contracting;parties;agree that, in consideration for the payments to be made by LTMUD#3 pursuant to this Agreement, Southlake shall hereby convey and transfer to LTMUD#3 41% of the capacity:of the DCWIPS from Precinct Line Road to the Marshall Creek Line (as more particularly described in the Design Report). III C:\ORD-RES.AGR\LTMUD#3.AGR/3/28/96 4:00pm /0 ` C- " a LTMUD#3 and City of Southlake Agreement for use of DCWIPS Page 4 A. The estimated costs of construction of the DCWIPS is $3,612,700. The estimated costs of construction of the DCWIPS from Precinct Line Road to the Marshall Creek Line is $2,173,000. The LTMUD #3 share of the Construction costs of the line from Precinct Line Road to the Marshall Creek line is estimated at $890,930 ($2,173,000 x 0.41). B. The cost of construction of the portion of the DCWIPS from Precinct Line Road to the Marshall Creek line is sixty percent (60%) of the total construction cost of the DCWIPS project ($2,173,000 _ $3,612,700). C. The estimated Engineering/Surveying costs for the DCWIPS. is $563,000. The estimated Engineering/Surveying costs for the portion of the DCWIPS from SPrecinct Line Road to the Marshall Creek line is $337,800 ($563,000 x 0.60). The LTMUD#3 share of this cost is $138,498 ($337,800 x 0.41). D. The estimated Inspection costs for the DCWIPS is $150,100. The estimated Inspection costs for the portion of the DCWIPS from Precinct Line Road to the Marshall Creek line is $90,060 ($150,100 x 0.60). The LTMUD#3 share of this cost is $36,925 ($90,060 x 0.41). E. The estimated right-of-way costs for the DCWIPS (from SH114 north to the Marshall Creek line) is $287,500. This assumes that the right-of-way through Maguire Thomas Partners Development and (the area served by) LTMUD#3 will be donated. The LTMUD#3 share of this cost is $117,875 ($287,500 x 0.41). S C:\ORD-RES.AGR\LTMUD#3.AGR/3/28/96 4:00pm LTMUD#3 and City of Southlake Agreement for use of DCWIPS Page 5 Thus the total LTMUD#3 cost share of the DCWIPS from Precinct Line Road to the Marshall Creek line is as follows: Construction cost share $ 890,930 Engineering/Surveying cost share 138,498 Inspection cost share 36,925 Right-of-way cost share 117,875 Total LTMUD#3 Cost Share $1,184,228 F. The contracting parties agree that the LTMUD #3 payment schedule to Southlake shall be based on as established by the Amendatory:_Contract, including the Debt Service Requirement Schedule for the DCWIPS, and said debt service requirement shall be as follows: • Debt Service LTMUD#3 Payment • Year Total To Southlake 1995-96 $334,300 x 0.60 x 0.41 = $ 82,238 1996-97 $334,300 x 0.60 x 0.41 = $ 82,238 1997-98 $465,013 x 0.60 x 0.41 = $ 114,393 1988-99 $466,124 x 0.60 x 0.41 = $ 114,667 1999-00 $466,598 x 0.60 x 0.41 = $ 114,783 First 5-year total $508,319 2000-2017 (see attached Exhibit A) x 0.60 x 0.41 = LTMUD#3 payment to Southlake G. Easement through LTMUD #3 • Hillwood/Willowbend Ltd will dedicate a 30 foot wide utility easement totaling 5.6 acres. S C:\ORD-RES.AGR\LTMUD#3.AGR/3/28/96 4:00pm LTMUD#3 and City of Southlake Agreement for use of DCWIPS Page 6 S The Estimated Value• of this dedicated utility easement is: 5.6 Acres @ $2.50/S.F. @ 50% value = $304,920 • LTMUD#3 will get credit for 76% of the value of the easement ($231,739) H. Minimum Fee • LTMUD#3 shall pay to Southlake a minimum fee of $50,000/year until LTMUD#3 assumes debt service payments, such debt service payments to begin upon LTMUD#3's tap to DCWIPS. This annual minimum fee shall be paid on or before August 31 of each year. iI. LTMUD#3 Tap to DCWIPS • LTMUD#3 must tap to DCWIPS within 5 years (September 30, 2000) • Southlake will pay total cost of annual debt serviced for DCWIPS until line is tapped • LTMUD#3 will pay a one-time tap fee equal to its share of the annual debt service paid each year by Southlake minus any credits due LTMUD#3 J. Credits to LTMUD#3 Once line is tapped. Once DCWIPS is tapped by LTMUD#3, the cumulative annual minimum fee previously paid by LTMUD#3 and 76% of the value of the easement donated by 110 C:\ORD-RES.AGR\LTMUDN3.AGR/3/28/96 4:00pm I LTMUD#3 and City of Southlake Agreement for use of DCWIPS Page 7 III Hill ood/Willowbend Ltd. will be subtracted from the LTMUD#3 share of annual debt service paid by Southlake. For example, assume the line is tapped after 5 years: *Cumulative total of debt service paid by Southlake $508,319 *Less cumulative minimum fee paid by LTMUD#3 (250,000) *Less 76% of donated easement value (231,739) One-time Tap Fee for LTMUD#3 @ end of 5 years $ 26,580 If at the time the line is tapped by LTMUD #3 the amount of credits due to LTMUD#3 exceed the cumulative total of debt service paid by Southlake, the excess credits shall be applied to future payments owed by LTMUD#3 under the payment schedule set forth in Section 3F above. S K. Excess Costs. It is understood and agreed by LTMUD #3 that the costs set forth in this Section 3 are estimated, and LTMUD#3 will be responsible for its 41% share of any additional or increased costs which are incurred in connection with the construction of the DCWIPS. Section 4 Meter stations or devices shall be installed to meter flows within the DCWIPS from the respective Contracting Parties. All points of entry or connection to the DCWIPS by the 0 ontracting Parties, and all metering stations or devices, shall be as acceptable to TRA. At C:\ORD-RES.AGR\LTMUD#3.AGR/3/28/96 4:00pm ` LTMUD#3 and City of Southlake Agreement for use of DCWIPS Page 8 4110 he time of connection to the DCWIPS LTMUD#3 shall install, at its sole cost and expense, a metering station or device acceptable to Southlake, to meter flows through LTMUD#3's connection point on the DCWIPS. The metering station or device shall meet all specifications required by TRA. Southlake shall install, at its sole cost and expense, a similar metering station or device at the point of connection of the DCWIPS to the Kirkwood Branch Pump Station. Each Contracting Party shall have the right at any reasonable time to inspect, monitor or test these meter stations or devices. In addition, upon reasonable notice to the other party, either Southlake or LTMUD#3 may install a check meter, at its own expense, to measure the volume of flow through a metering station or device. SSection 5 LTMUD#3 shall pay to Southlake all transportation, treatment and related costs (including, but not limited to, pass-through charges) allocable to the metered flow of sewage from LTMUD#3 into the DCWIPS. These costs and all other costs required to be paid by LTMUD#3 pursuant to this agreement for which this agreement does not provide a specific deadline for payment shall be paid within thirty (30) days of the date of an invoice from Southlake for same. Any costs or fees which are not timely paid shall bear interest at a rate of ten percent (10% per annum. In addition, LTMUD#3 shall reimburse Southlake for any penalties or costs incurred by Southlake because of LTMUD#3's failure to timely pay any costs. S C:\ORD-RES.AGR\LTMUD//3.AGR/3/28/96 4:00pm LTMUD#3 and City of Southlake Agreement for use of DCWIPS Page 9 Section 6 Recognizing that specific capacity has been reserved in the DCWIPS for use by LTMUD#3 and that specific costs have been or will be incurred for the benefit of LTMUD#3, LTMUD#3 covenants and agrees that it shall be unconditionally obligated to pay all sums owned pursuant to this agreement whether or not LTMUD#3 connects to the DCWIPS or actually uses the DCWIPS. Further recognizing that the failure of LTMUD#3 to perform its • obligations hereunder cannot be adequately compensated in money damages alone, LTMUD#3 agrees that any failure to perform may be enforced by Southlake through the equitable remedy of mandamus and specific performance, in addition to any other legal or equitable remedies which may also be available to Southlake. • Section 7 All right, title and interest in the DCWIPS and all appurtenances and easements associated therewith shall remain the property of Southlake until and unless TRA assumes control of the DCWIPS. Section 8 LTMUD#3 agrees to assist and cooperate with Southlake in obtaining any necessary permits or easements for the location, construction, operation and maintenance of the DCWIPS within LTMUD#3. Section 9 • C:\ORD-RES.AGR\LTMUDN3.AGR/3/28/96 4:00pm LTMUD#3 and City of Southlake Agreement for use of DCWIPS Page 10 . . • This agreement cons titutes statutes the sole and only agreement of the Contracting Parties regarding the construction , operation, maintenance and use of the DCWIPS and supersedes any prior understanding or oral or written agreements between the Contracting Parties regarding the subject matter of this agreement. Notwithstanding the above, the Contracting Parties understand and acknowledge that the construction, operation, use and maintenance of the DCWIPS shall be subject to any agreements between the Contracting Parties and TRA that apply to the construction, operation, use and maintenance of the Denton Creek System. The Contracting Parties further understand and acknowledge that this agreement is contingent upon the approval of TRA, to be evidenced by execution of this agreement. • Section 10 Any notice provided for herein shall be given in writing and delivered or mailed by certified or registered United States Mail, postage prepaid, addressed as follows: IF TO SOUTHLAKE: City of Southlake Attn: City Manager 667 North Carroll Avenue Southlake, Texas 76092 IF TO LTMUD#3: Lake Turner Municipal Utility District No. 3 Attn: Darcy Anderson 2421 Westport Parkway, Suite 200 Fort Worth, Texas 76177 • C:\ORD-RES.AGR\LTMUD113.AGR/3/28/96 4:00pm LTMUD#3 and City of Southlake Agreement for use of DCWIPS Page 11 The designation of the person to whom and the place to which notices are to be mailed or delivered may be changed from time to time by any party giving notice to the other party. Section 11 This agreement and all of its terms and provisions, as well as the rights and • duties of the parties hereto, shall be governed by the laws of the State of Texas. In the event that any cause of action is filed by either party arising out of the terms of this agreement, venue for said lawsuit shall be in Tarrant County, Texas. Section 12 • In the event that any portion of this agreement shall be found contrary to law, it is the intent of the parties that the remaining portions shall remain valid and in full force and effect to the extent legally permissible. Section 13 Each Contracting Party agrees to accept full responsibility for the acts, negligence and/or omissions of its respective officers, employees and agents. It is the intent of the Contracting Parties that each will be responsible for its own acts and omissions to the extent permitted by law, but this provision is not intended to waive any element of sovereign immunity, or to remove any further protection afforded general or special purpose units of government pursuant to Texas law. Section 14 S C:\ORD-RES.AGR\LTMUD//3.AGR/3/28/96 4:00pm LTMUD#3 and City of Southlake Agreement for use of DCWIPS Page 12 The undersigned officers and/or agents of the Contracting Parties are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the Contracting Parties. Each Contracting Party certifies to the other that any necessary resolutions or orders extending said authority have been duly passed and are now in full force and effect. This agreement is executed in duplicate originals on the dates indicated below. Lake Turner Municipal Utility Attest: District No. 3 Tilley, Jr., President Date: • C:1ORD-RES.AGR\LTMUD#3.AGR/3/28/96 4:00pm /t - � •"' LTMUD#3 and City of Southlake Agreement for use of DCWIPS Page 13 City of Southlake Attest: Curtis E. Hawk, City Manager City Secretary Date: Approved and accepted this day of , 1996. Trinity River Authority of Texas • • • Danny F. Vance, General Manager • • i C:\ORD-RES.AGR\LTMUD#3.AGR/3/28/96 4:00pm City of Southlake,Texas • MEMORANDUM March 28, 1996 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Proposed Street Construction of South Carroll Avenue from F.M. 1709 to East Continental and West Continental Blvd. From Davis Blvd. to South White Chapel During the mid-year budget retreat, street improvements were discussed. Staff showed in the presentation that four streets were "on hold." The streets are: North Carroll Avenue, F.M. 1709 to S.H. 114; South Carroll Avenue, F.M. 1709 to East Continental; North White Chapel, S.H. 114 to Dove Road; and West Continental Blvd., Davis Blvd. to South White Chapel. S (See attached exhibit - Street Bond Projects) A request was made to place on the City Council agenda a discussion item to provide staff direction on which of the following street design options to use: A. Interim Road Standard - two lane asphalt surface with bar ditches. . . B. Ultimate Road Standard - four or five lane undivided or divided (with boulevard) and storm drains. C. One half of the Ultimate Road Standard - two lanes of the ultimate with the appropriate drainage system. With the Council's direction, engineering staff will proceed to hire an engineering firm to produce the desired street plans and bid the project as soon as possible. BW/sm Attachments: Street Bond Projects Map wpdocs I wthead.mem l agenda 1prostrepj.wpd 0 11 A-1 ~Jti.rla.74�.1q.• ... ,•• MOW ..ca I :i.::A:'a' :tr.:a I 11 ......"'... am., -. .. r �'_ Wt LIONM.D `" LM CHAAN �,t v( ■m�. o iw' --� - -!hi;.Nr.ra I't, . . MOM, I .,' r-I I's' ' 1. 1JIII3 W-•,-,-A.::• i rir- - • � - 1 W.H.MARTIN`r �#1.�'• .n:,� LECDP ..... �.,wmr e:- ��Y�A 1 I0- .i'1.1 �IE31c�..•� _rif Oa I I-j_ I �.rl?ifrH■I :ryuru. -• 11' �:r�i� t' 1'_ �yi�g«�771 � r �jyr��J�lG7ti,4 .. rg�� ... 1�LLYc�!_ �� •O: t;...r..~"6�A""w;, v�� .._�aagyltltllf -riLlY�v� 1`� gg •• _^•r'' - an: O, ��:nii°atiff'.,.' ,h.v ABSALOM H.CHIVERDVrilmill lii1`�� A1 N� 1fr \VA tl ' .. pdr�� I•Ay I NM �RKN�=_I.VERB l�ye+� wie-iH�'��' 0 IifJ �J_items_ agL IIMAII o w. i__ HN ci '.:i... ems,, I _a L_•mTM" � �k i � C C9. �.�...10- +.xir cxieess. `,� Mil ►' '�►Q ... Milli. il,� E ��ll� �� _ '„‘. w.a ter„.' ,44 _ w_ r..g. • MIIII-TmiltIMPI-- sip... --: ay.�11W4111 III I' t I �' -r ' � gel-I ...am l. rlrr;��-,�• !0 0` i■tsiY i� GiT��J:i�3. . Mimi WALKED •',~:?'• •!• . : FM. ®��!� r� .. Iti aN�o�:. wlwn-w� •'_ -IIc�:., •� . '..••a7L� • BALL ' ... 11M Y, ,1 �•" . _ - j I• - -�� 1ice': .is, ., , J - w.w.xAu RHx RD�AD. �d�f1,� !1r F,.IYY_�n. rw- fill Y:,: '�•'••' , , • 1 �� p r *-- ti i. Y' • =3.,..„ ✓'. - „,..ma., -, 11 rr . naYAD.Y HAN I v�E�oZ�e— �_ :�;:' :. .,: ./,r. ;. .,<_,•' a alaataaT...s....■ r I i I neeeen��. ; �: y --�� IIMil1d •' /Ad :"I:t:�/, .:k •; �^ :,won:::l ph,. - ..0 r �� ;��:-YYYYYYY j Hi y- r�::-- Eli: 1111111i1 - -�'I • !' �o .ri . ,.FL:.- = minim J !IL4 i w � `� i:�� 1 i err- W,: ..1L W�°' �R? pa- '-...ems Ilia ' u1 ------- r - .::1..Ma J c.T.:t 3 saulW i.`�do r 1r0'� ■!1 i •� �� '��7• �r - r I��:``: 0�� Mira 46 •:-;T:'52-1N pi& 1 .. • : ( 1:-::•:te O WilliirMr . III1I .M • _— i...a _�• It',\ INa s .. Fiii p;1..I14 110 midi miimMal:,..i.•,..,...:.:.:...:. :& . ,1:%:.1.„.",\ • .um :LT rearezi H W:• ill ..,-:!A. 74.M. .... i MEM i 01,.. / . r-H11.."i. .PIP ;1/4. MVO Iffigaiii. .'='.' .:a.)4 4. 1=Erim - HIE L. , .4ti,Jr __L.....4 _t_. _ �I'i�.• f /' l "� ''� _i tr ti« _ .� [ , ••v„ __, South Carroll "� r L tmornalc ��i \' I •n {_-• o - FM 1709 to Continental , ��N! 'l� MMI - }Vest Continental , A 1�• 41� °Ai 'orot. -- 'tVuoro .•• ros�� ,.�' . • ' . . r, _ •:�1+si® • 1 Davis to White Chapel; •r. : . �[�c ... Ilir,--s ' --... �. _ 81 Br .. 7�:v _I. '{' t �.*o•.� •` '`,'.' •�•',�'.. -�•- r `� -s •'•}'sue-.�' - • 'GYP• 4016...%--- ----,--J.- - • •'I P .'•itY• 1 ,�.� l mod %u _ . ,Qtar-IN ,, , • PSON . 1 I ilk __ N RRI.O1! 1 I,i • l -- i■