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2000-04-18 CC Packet
City of Southlake, Texas t MEMORANDUM April 14, 2000 TO: Billy Campbell, City Manager FROM: Shawn Poe, Senior Civil Engineer, extension 846 SUBJECT: Authorize the City Manager to execute an Advanced Funding Agreement with the State of Texas for the construction of the North Kimball Avenue pavement extension Action Requested: Staff requests the City Council to authorize the City Manager to execute an Advanced Funding Agreement with the State of Texas for the construction of the N. Kimball Ave. pavement extension in the amount of $14,876.70. Background Information: The Texas Department of Transportation (TxDOT) has begun the reconstruction of SH 114 from FM 1709 to 0.5 miles west of Kimball Ave. This project includes constructing three travel lanes in each direction, a three-lane frontage road (striped as two-lanes and a shoulder) on either side of the travel lanes, and construction of a bridge on SH 114 over Kimball Ave. TxDOT plans to build the ultimate section for Kimball (five-lanes) under the bridge for SH 114. Typically, TxDOT will transition the pavement width from the ultimate section to the existing section on either side of the proposed SH 114 frontage roads. There are two-lanes of traffic on Kimball north of SH 114 and four-lanes of traffic on Kimball south of SH 114. In order to mitigate traffic congestion on Kimball north of SH 114, the City has requested TxDOT to continue and construct the ultimate five-lane section from the proposed frontage road to approximately 215' north of the proposed SH 114 frontage roads (see attached project map). This additional pavement extension of Kimball north of SH 114 will have to be funded by the City of Southlake. TxDOT has agreed to include this pavement extension in the SH 114 reconstruction project. In order to proceed, the City must enter into an advanced funding agreement with TxDOT for these improvements. The five-lane portion of N. Kimball will consist of at least two lanes for northbound traffic, a left turn lane for southbound traffic and a through lane for southbound traffic. The fifth lane will either be a combination through/right turn or right turn only lane for southbound traffic. The 5C-1 City of Southlake, Texas City will obtain traffic count movements at this intersection to determine the proper lane designation prior to opening the road to traffic following construction. Financial Considerations: The estimated cost to fund the Kimball pavement extension north of SH 114 is $14,876.70. Although there is not a specific line item for this project allocated in the CIP budget, this amount will be funded using available funds from the CIP budget. The CIP budgeted $265,000 for the construction of Mustang Court, which will be the primary entrance for the petroleum companies along SH 26. This project is scheduled for bid in August 2000. The Mustang Court project is a joint venture between the City of Southlake, the City of Grapevine, and TxDOT. The City, via an interlocal agreement with the City of Grapevine, has committed $148,698.26 to fund a portion of the Mustang Ct. project (this is 21% of the estimated total cost of the project). Since the City's portion of the Mustang Ct. project ($148,698.26) is less than the budgeted amount ($265,000), there will be funds remaining. The $14,876.70 required for the advanced funding agreement with TxDOT for the N. Kimball pavement extension will be funded using the remaining funds from the Mustang Ct. project. Citizen Input/ Board Review: None. Legal Review: Not applicable. Alternatives: Approve or not approve. Supporting Documents: Project Map Advanced Funding Agreement Staff Recommendation: Staff recommends Council authorize the City Manager to execute an Advanced Funding Agreement with the State of Texas for the construction of the N. Kimball Ave. pavement extension in the amount of $14,876.70. Please place this item on the April 18, 2000 Regular City Council Agenda for approval. SEP/sep L 5C-2 PROJECT MAP I i At Q1v • c . �+ 3.0m RAD. W, A` `._ . _ . . \��// R.O0.W. _ _ _ Q �e e// • ty —9.Om RAD. — . — . — . � . — . � f— `�/�,// /JWIls..._. EXISTING KIMBALL 'cr ' _ r _' �� • , n , '• 3.0m RAD. • cCI) 1 • W 1/ ---_ 3.0 m RAD. I.., a ( ; T CITY COST 1 1 , 1 N • > TxDOT ORIGINAL DESIGN 1 • Agreement No. 02-0353-03-053-3 County: Tarrant CSJ: 0353-03-053 Project Number: ADVANCE FUNDING AGREEMENT FOR STANDARD HIGHWAY PROJECTS (ON-SYSTEM) THE STATE OF TEXAS § THE COUNTY OF TRAVIS § THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting through the Texas Department of Transportation, hereinafter called the State, and the City of Southlake, acting by and through its City Council, hereinafter called the Outside Entity. WITNESSETH WHEREAS, Transportation Code §201 et.seq. and Transportation Code §221.001 authorize the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, VHEREAS, Commission Minute Order Number 106940 authorizes the State to undertake and complete a highway improvement generally described as the reconstruction of State Highway 114, From: 0.5 Miles West of Kimball Road, To: FM 1709; and, WHEREAS, the Outside Entity has requested that the State allow the Outside Entity to participate in said improvement by funding that portion of the improvement described as the extension of Kimball Avenue Paving herein after called the"Project"; and, WHEREAS, the State has determined that such participation is in the best interest of the citizens of the State; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, the State and the Outside Entity do agree as follows: 5C-4 AGREEMENT Article 1. Time Period Covered i his agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and the State and the Outside Entity will consider it to be in full force and effect until the Project described herein has been completed and accepted by all parties or unless terminated, as hereinafter provided. Article 2. Project Funding The State will authorize performance of only those Project items of work which the Outside Entity has requested and has agreed to pay for as described in Payment Provision and Work Responsibilities, Attachment A, which is attached to and made a part of this contract. In addition to identifying those items of work paid for by payments to the State, Attachment A, Payment Provision and Work Responsibilities, also specifies those Project items of work that are the responsibility of the Outside Entity and will be carried out and completed by the Outside Entity, at no cost to the State. Texas Government Code Chapter 2106 requires the State to recover indirect costs associated with this agreement. The indirect cost will be calculated based on prevailing rates as determined through the State's Indirect Cost Recovery Program. Article 3. Termination his agreement may be terminated in the following manner: • mutual written agreement and consent of both parties. • by either party upon the failure of the other party to fulfill the obligations set forth herein. • by the State if it determines that performance of the Project is not in the best interests of the State. If the contract is terminated in accordance with the above provisions, the Outside Entity will be responsible for the payment of Project costs incurred by the State on behalf of the Outside Entity up to the time of termination. Article 4. Right of Access If the Outside Entity is the owner of any part of the Project site, the Outside Entity shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. The Outside Entity will provide for all necessary right-of-way and utility adjustments needed for performance of the work on sites not owned or to be acquired by the State. 5C-5 Article 5. Responsibilities of the Parties -he Outside Entity acknowledges that while it is not an agent, servant, nor employee of the State, it is responsible for its own acts and deeds and for those of its agents or employees during the performance of the work on the Project. Article 6. Sole Agreement In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between the local Outside Entity and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project. Article 7. Successors and Assigns The State and the Outside Entity each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. Article 8. Amendments By mutual written consent of the parties, this contract may be amended prior to the expiration of this contract. .rticle 9. Interest The State will not pay interest on funds provided by the Outside Entity. Funds provided by the Outside Entity will be deposited into, and retained in, the State Treasury. Article 10. Inspection and Conduct of Work Unless otherwise specifically stated in Attachment A, Payment Provision and Work Responsibilities, to this contract, the State will supervise and inspect all work performed hereunder and provide such engineering inspection and testing services as may be required to ensure that the construction is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work will be sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance with the "Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges" adopted by the State and incorporated herein by reference, or special specifications approved by the State. Article 11. Increased Costs In the event it is determined that the funding provided by the Outside Entity will be insufficient to cover the State's cost for performance of the Outside Entity's requested work, the Outside Entity will pay to the State the additional funding necessary to cover the anticipated additional cost. The State shall send the 5C-6 Outside Entity a written notification stating the amount of additional funding needed and stating the reasons for the needed additional funds. The Outside Entity shall pay the funds to the State within 30 ys of the written notification, unless otherwise agreed to by all parties to this agreement. If the Outside entity cannot pay the additional funds, this contract shall be mutually terminated in accord with Article 3 - Termination. If this is a fixed price agreement as specified in Attachment A, Payment Provision and Work Responsibilities, this provision shall only apply in the event changed site conditions are discovered or as mutually agreed upon by the State and the Outside Entity. Article 12. Signatory Warranty The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the entity they represent. IN WITNESS WHEREOF, THE STATE AND THE OUTSIDE ENTITY have executed duplicate counterparts to effectuate this agreement. THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the Texas Transportation Commission under the authority of Minute Order 100002. By Date District Engineer .HE OUTSIDE ENTITY Name of the Outside Entity By Date Typed or Printed Name and Title For the purpose of this agreement,the addresses of record for each party shall be: For the Outside Entity: For the Texas Department of Transportation: Mr. Billy Campbell, City Manager Mr. Steven E. Simmons,P.E., District Engineer City of Southlake Texas Department of Transportation 667 N. Carroll Avenue P.O. Box 6868 Southlake, Texas 76092 Fort Worth, Texas 76108 5C-7 Attachment A Payment Provisions and Work Responsibilities Description of the Cost of the Items of Work The State shall be responsible for the construction of the extension of Kimball Avenue Paving. The Outside Entity' will be responsible for the entire actual cost of the proposed aesthetic enhancements which is an estimated $14,876.70. This amount includes engineering and contingency costs at the rate in effect for the year in which the work will be performed. A breakdown of the funding is as follows: Estimated Construction Cost: $13,402.43 Engineering & Contingencies (11%): 1,474.27 Total: $14,876.70 The Schedule of Payments One payment in the amount of$14,876.70 will be paid to the State, upon notification, at least thirty days in advance of the bid opening for the construction contract. The Outside Entity will remit a check or warrant made payable to the Texas Department of Transportation in the amount of$14,876.70 to be used in payment for the proposed work required by the Outside Entity. Actual Cost Agreement In the Event it is determined that the funding provided by the Outside Entity is insufficient to cover the State's costs for the construction of the Project, the Outside Entity will within 30 days from the receipt of the State's Written notification provide the additional funding to cover the State's anticipated additional costs. Upon completion of the Project, the State will perform an audit of the costs and any funds due to the Outside Entity will be promptly returned. 5C_8 City of Southlake, Texas MEMORANDUM April 13, 2000 TO: Billy Campbell, City Manager FROM: Valerie Bradley, Assistant to the Public Works Director, x773 SUBJECT: Authorize the Mayor to execute a lease agreement with Sprint PCS for the placement of wireless communication antennas on the Miron water tower. Action Requested: Provide rate for and authorize the Mayor to execute lease agreement with Sprint PCS for the placement of a wireless communication antennas on the Miron water tower. Background Information: Sprint PCS has requested to lease space on the Miron water tower for the placement of wireless communication antennas. This request also includes a ground unit at the tank site. The most recent antenna lease the City executed required a lease payment of $11,040 per site annually for an initial term of five years. `.. To ensure Southlake is collecting competitive lease payments, staff conducted a rate study and found the average annual rate for wireless communication antenna leases to be $14,926. The detailed results of the study are provided as Attachment A. After the initial five-year term, the lease allows for four additional five- year extensions. For each extension period, the yearly rate would increase by 15% of the previous lease period's rate. Consequently, if Council chose an initial annual rate of $15,000, each extension period would be $17,250, $19,838, $22,814, and $26,236. The city stands to gain $505,690 in revenue if all four extensions are used. Beyond these extensions, the lease can be allowed to continue one year at time for a 15% increase each year. This lease agreement is the current city standard for antennas and equipment placed on city water towers. The City Attorney has extensively reviewed the agreement and determined it is legally sound. In addition, the presence of these antennas will not interfere with the daily operations of the water towers. 5D-1 Billy Campbell, City Manager April 13, 2000 Page 2 of 2 The city currently maintains ten other comparable lease agreements. The Bicentennial Park, Dove, and Florence towers have three, while the Miron tower has one. Financial Considerations: If Council were to choose an annual lease rate of $15,000, the value of the lease for the first twenty-five years would be $505,690. Citizen Input/ Board Review: None. Legal Review: The City Attorney has reviewed and approved the agreement. Alternatives: Approve or Deny. Supporting Documents: City Lease Rates for Communication Antennas Southlake Wireless Communications Antenna Leases Letter from Fossil Creek Land Company on behalf of Sprint PCS Ground and Tower Lease Agreement Staff Recommendation: Place the aforementioned agreement on the April 18, 2000 City Council Agenda for Council review and authorize the Mayor to execute the agreement. \.. 5D-2 City Lease Rates for Communication Antennas City Yearly Rate* Rate Increase Comments Allen $12,000 5%/yr Bedford $19,200 This is the average of their two contracts ($18,000 and $20,400) Carrollton $10,200 15%/5yrs $113/month for each additional antenna from the same company . Coppell N/A N/A Has been approached and is currently considering whether or not to do it Denton N/A N/A Leases city property to Primeco for a tower at rate of$0.65/Ft. of the tower/antenna Duncanville $10,440 3%/yr Leases space on a city communications tower, and require a $1000 up-front payment Euless $12,600 12%/5yrs Farmers Branch _ $18,000 15%/5yrs This is an average from four contracts (low: $9,600, high: $18,000) Flower Mound $14,400 CPI/yr rn Garland N/A N/A Communications companies use private towers V , Grand Prairie $9,600 15%/5yrs Lease rate set in 1996 D 0 Grapevine $18,000 15%/5yrs or D I CPI, whichever n is greater i COHurst $12,000 15%/5yrs Lease space on sports park lighting towers + $48,000 up-front for sports park improvements z Irving N/A N/A Communications companies use private towers --I Keller N/A N/A Has not been approached by a communications company yet D Lewisville N/A N/A Communications companies use private towers _ Mesquite N/A N/A Has considered leasing tower space, but haven't done it yet North Richland Hills $28,800 3%/yr Plano $14,400 CPI/yr Have a 2% floor on the rate increase Richardson $14,400 CPI/yr Only allow three antennas per water tower on a first come first served basis Richland Hills N/A N/A Has not been approached by a communications company yet Southlake $11,040 15%/5yrs Currently maintain 10 contracts with these terms *Unless noted as an average,these rates are the most recent rates charged by the respective cities. Mean yearly rate= $14,926 Southlake Wireless Commincation Antenna Information Company Tower Site Commencement Initial Termination Extension Annual Company Date Term Date Terms Rate Termination Southwestern Bell Florence 3/1/92 10yrs 3/1/02 none $11,040 after 5yrs MetroCel Dove 6/1/94 20yrs 6/1/14 none $11,040 after 10yrs* PrimeCo Bicentennial Park 4/30/96 5yrs 4/30/01 4/5yr terms - $11,040 after 10/yrs PrimeCo Florence 7/18/96 5yrs 7/18/01 4/5yr terms $11,040 after 10yrs Sprint Bicentennial Park 9/12/96 5yrs 9/12/01 4/5yr terms $11,040 after 10yrs Southwestern Bell Dove 9/1/97 5yrs 9/1/02 4/5yr terms $11,040 after 10yrs Nextel Bicentennial Park 3/1/98 5yrs 3/1/03 5/5yr terms $11,040 after 10yrs Cook InletNoiceStream Dove 12/1/99 5yrs 12/1/04 4/5yr terms $11,040 after 1yr D Cook InletNoiceStream Florence 12/1/99 5yrs 12/1/04 4/5yr terms $11,040 after 1yr 01 Cook InletNoiceStream Miron 12/1/99 5yrs 12/1/04 4/5yr terms $11,040 after 1yr D 2 *City can terminate the Dove contract with Nextel after 10 years, with 1 year notice. City can terminate all other contracts after 5 years, with 1 year notice. m co Notes: co 1) After all extension terms are used, all contracts may be extended on a year-by-year basis. 2) Each party must give 1 year termination notice to the other. ATTACHMENT C FOSSIL CRf[K Office: 1-800-628-0291 LAND COMPANY P.O. Box 485 Mustang, Oklahoma 73064 1-405-376-0477 FAX: 1-405-376-0235 MEMO TO: Valerie Bradley City of Southlake CC: file FROM: Dave Petrakovitz fossil Creek Land Company DATE: April 5,2000 RE: SprintPCS Water Tower Application Valerie, Enclosed are corrected drawings for the proposed SprintPCS-Southlake water tower antenna lease agreement. These revised drawings show SprintPCS requesting antenna mounting space on the tower stem similar to VoiceStream's antenna mounts. Please rest assured that SprintPCS is using the exact same design firm(JRH Architects-Mr. Don Jordan principle architect) on this project as both Southwestern Bell and VoiceStream have used. This is to insure that all design and construction issues are properly and efficiently coordinated. SprintPCS understands that VoiceStream has prior approval and agreement with the City and SprintPCS will work around the VoiceStream installation. SprintPCS will not interfere with the VoiceStream installation. Please feel free to call me at the below listed number with any further questions or concerns. We appreciate the wonderful help and patience you have demonstrated towards us in these matters. Thank you, Dave Petrakovitz 888-615-9003 \.. harper1018@aol.com 5D - 5 ATTACHMENT D GROUND AND TOWER LEASE AGREEMENT SITE ID:DA23XC102A THIS GROUND AND TOWER LEASE AGREEMENT ("Lease") is entered into as of this_day of , 1999, by and between City of Southlake, Texas, a municipal corporation ("OWNER") and Sprint Spectrum L.P. A Delaware limited partnership("SPRINT"),acting in its capacity as Lessee. In consideration of the premises and of the mutual obligations and agreements in this Lease,the parties agree as follows: 1. THE PROPERTY A. OWNER is the titleholder of that certain real property commonly known as the proposed 1.5 M.G.Elevated Water Tower,("Tower")at Miron Drive,City of Southlake,County of Tarrant,State of Texas("OWNER's Property")which is described on the attached Exhibit"A 1."" The parties agree that the legal description of OWNER's Property may be attached as Exhibit"Al"after execution of this Lease. B. SPRINT hereby desires to lease a portion of OWNER's Property, and a certain portion of the elevated water storage tank ("Tower") located on OWNER's Property, together with obtaining a right of access and a right to install utilities (the "Property") as set forth in Exhibit "AT'. The Property and landscaping requirements, including any fencing, are to be determined by the OWNER in advance of the placement of any SPRINT's equipment. OWNER may terminate this Lease without penalty if SPRINT does not agree to the Property or landscaping requirements. In addition, SPRINT shall have the right to run cables and wires under, over and across OWNER's Property to connect SPRINT's equipment on the Tower to its equipment in its facility located on the Property as approved by OWNER SPRINT may park its vehicles on OWNER's `.. Property when SPRINT is constructing,removing,replacing,and/or servicing its communications facility. C. SPRINT covenants and agrees that it has inspected the Tower and the Property and that it does not rely on any representation of OWNER as to the condition of the Property or Tower or their suitability for the purposes and uses herein intended. SPRINT accepts the Property in its present condition and finds it suitable for the purposes herein intended. OWNER hereby grants SPRINT the right to obtain a title report, soil tests, and other engineering procedures or environmental investigations on, under and over the Property necessary to determine that SPRINT's use of the Property will be compatible with SPRINT's engineering specifications, system, design, operations and Governmental Approvals (hereinafter defined). SPRINT may terminate this Lease without penalty if, in its sole discretion, determines that the title report, soil tests and other engineering or environmental investigations are not satisfactory or that it will be too time consuming or expensive or if the Governmental approvals are denied. D. OWNER and SPRINT further agree that the Property(including an access right-of-way thereto but excluding the space on the Tower)may be surveyed by a licensed surveyor at the sole cost of SPRINT,and such survey shall then replace Exhibit"AT'and become a part hereof and shall control to describe the Property in the event of any discrepancy between such survey and the description contained in Paragraph 1.B.above. 2. LEASE AND EASEMENT GROUND AND TOWER LEASE AGREEMENT(Revised 08/18/99) 1 5D6 OWNER leases the Property to SPRINT and grants to SPRINT a non-exclusive easement (during the term of this Lease) to access the Property(seven [7] days a week, twenty-four[24] hours a day) and to install,remove, replace, and maintain utility cables, conduits and pipes from the Property to the appropriate, in the discretion of SPRINT, source of electric and telephone facilities. 3. TERM AND RENT A. This Lease shall be for a initial term of five (5) years beginning on , 2000 ("Commencement Date") at an Annual Rent of ($ ), which rent shall be paid annually, in advance, beginning on the Commencement Date and on each anniversary thereof (partial years prorated) to OWNER or as OWNER may otherwise direct from time to time in writing at least thirty (30) days before any rent payment date. B. SPRINT is granted options to extend this Lease on these same terms and conditions for four (4) additional five (5) year extension period(s) after the original term expires. This Lease shall automatically be extended for the next extension period at the end of the then-current term subject to the termination requirements in Section 5. C. The Annual Rent for each extension period shall be the Annual Rent in effect for the final year of the prior term or extension period,as the case may be, increased by fifteen percent(15%). D. Should this Lease still be in effect at the conclusion of all the extension periods provided for herein, this Lease shall continue in effect upon the same terms and conditions [other than Annual Rent which shall be an amount equal to the Annual Rent in effect for the prior one (1)year period, increased by Paragraph 3.C. above for a further period of one (1) year, and for like annual periods thereafter, until and unless terminated by either party by giving to the other at least six (6) months written notice of its intention to so terminate before the date this Lease expires. 4. USE OF THE PROPERTY A. SPRINT may use the Property for any lawful purpose, relating to construction, removal, replacement, maintenance, security and operation of a communications facility, including,without limitation,required SPRINT antenna array (as such antenna array may be modified, added to or substituted from time to time) and antenna support structures, and for any other uses incidental thereto. SPRINT shall not use or permit the Property to be used for any purposes other than described above without the written consent of OWNER,which consent will not be unreasonably withheld. Each such antenna or antenna support structure may be configured as requested by SPRINT from time to time provided SPRINT obtains, pursuant to Paragraph 4.B.,all permits and approvals required by applicable jurisdictions for such requested configuration notwithstanding the above. OWNER shall approve, disapprove or request modifications to plans for any improvements or modifications installed by SPRINT on the Property, which review and action shall not be unreasonably withheld or delayed. Any plans for improvements or modifications submitted by SPRINT to OWNER shall be deemed approved if OWNER does not respond to a request from SPRINT within thirty(30)days. Improvement of the Property to meet SPRINT's needs shall be at SPRINT's sole expense,and SPRINT shall maintain such improvements to the Property in a reasonable condition throughout the term. B. OWNER acknowledges that SPRINT's ability to use the Property for its intended purposes is contingent upon SPRINT's obtaining and maintaining, both before and after the Commencement Date, all of the certificates, permits, licenses and other approvals (collectively, "Governmental Approvals")that may be required by any federal, state or local authority for the foregoing uses and improvements to the Property desired by SPRINT. OWNER shall cooperate with SPRINT in SPRINT's efforts to obtain such Governmental Approvals and shall take no action that would knowingly or intentionally adversely affect SPRINT's obtaining or maintaining such Governmental Approvals, so long as SPRINT is in compliance with applicable provisions of federal,state, and local laws and regulations. 5. TERMINATION A. Provided SPRINT is not in default hereunder, if any of the following occurs, SPRINT shall have the right to immediately terminate this Lease by giving written notice to OWNER of such termination. GROUND AND TOWER LEASE AGREEMENT(Revised 08/18/99) 2 5D - 7 1. SPRINT determines,in its sole discretion,that it will be unable to obtain all necessary Governmental Approvals for SPRINT intended use of and improvements to the Property desired by SPRINT or that it will be too time consuming or expensive to obtain such Governmental Approvals;or 2. SPRINT's application for any Governmental Approvals necessary for SPRINT's use of the Property and improvements desired by SPRINT's is denied;or 3. any Governmental Approvals necessary for SPRINT's use of the Property and/or improvements to the Property,whether now or hereafter desired by SPRINT,are canceled, expired, lapsed or are otherwise,terminated or denied so that SPRINT,in its reasonable judgement,determines that it will no longer be able to use the Property for SPRINT's intended use;or 4. the Federal Communications Commission allocates the frequencies at which SPRINT may operate its antennas and equipment and may from time to time change such frequencies. Any change of this nature that, in SPRINT's reasonable judgement,renders its operation of a wireless communications facility at the Property obsolete; or 5. If SPRINT determines that the Property has become unsuitable for SPRINT's operations due to changes in system or network design or in the types of equipment used in such operations or SPRINT's operations at the Property become unprofitable;or 6. If OWNER commits a breach of this Lease and fails to cure such breach within thirty(30)days after notice of the breach and requests to cure from SPRINT. B. Provided SPRINT is not in default hereunder and shall have paid all rents and sums due and payable to OWNER by SPRINT,SPRINT shall have the right to terminate this Lease upon one(1)year prior written notice to OWNER. C. OWNER shall have the right to terminate this Lease at any time after five (5) years upon one (1)year prior written notice to SPRINT. Notwithstanding anything contained herein to the contrary, OWNER shall have the right to terminate this Lease at any time upon thirty (30)days prior written notice to SPRINT should OWNER, in its sole discretion, determine that the Tower upon which SPRINT's equipment is to be installed should be removed or dismantled. D. Notwithstanding anything herein to the contrary, any breach,default or failure by SPRINT to perform any of the duties or obligations assumed by SPRINT under this Lease, or to faithfully keep and perform any of the terms, conditions and provisions hereof, shall be cause for termination of this Lease by OWNER in the manner set forth in this Paragraph. OWNER shall deliver to SPRINT ten(10) days prior written notice of its intention to terminate this Lease, including in such notice a reasonable description of the breach, default or failure. If SPRINT shall fail or refuse to cure, adjust or correct the breach,default or failure within said ten(10)days written notice to SPRINT,to terminate this Lease. Upon termination of this Lease, all rights, powers and privileges of SPRINT hereunder shall cease and terminate and SPRINT shall, within thirty (30) days, vacate the Property and remove all of its improvements, fixtures and equipment. In the event SPRINT does not vacate the Property within said period,OWNER may,without being deemed guilty of trespass,and without any liability whatsoever on the part of OWNER, enter upon and take full possession of the Property and remove any and all improvements, fixtures and equipment not belonging to OWNER that may be found upon the Property without being liable for damages. E. Any termination notice rendered by SPRINT or OWNER pursuant to this Paragraph shall cause this Lease to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Lease and the parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this Lease. F. If 90 days after the Commencement Date, SPRINT has made no application to the OWNER for a building permit for the communications equipment allowed on OWNER'S Property by this Lease, OWNER shall have the right to immediately terminate this Lease by giving written notice to SPRINT of such termination. 6. ASSIGNMENT AND SUBLETTING GROUND AND TOWER LEASE AGREEMENT(Revised 08/18/99) 5D - 8 A. Except to a"Partner Company," "Affiliate,""Subsidiary" or a Subsidiary or Affiliate of a Partner Company of SPRINT(as deemed below),SPRINT shall not assign this Lease, or allow it to be assigned, in whole or in part,by operation of law or otherwise or mortgage or pledge the same,or sublet the Property, or any part thereof,without the prior written consent of OWNER such consent not be unreasonably withheld or delayed. OWNER's consent to an assignment or sublease shall be deemed given if OWNER does not respond to SPRINT's request within ninety (90) days after OWNER's receipt of such request. B. No consent by OWNER to any assignment or sublease by SPRINT shall relieve SPRINT of any obligation to be performed by SPRINT under this Lease, whether arising before or after the assignment or sublease. The consent by OWNER to any assignment or sublease shall not relieve SPRINT from the obligation to obtain OWNER's express written consent to any other assignment or sublease. C. Any sale or other transfer, including by consolidation, merger or reorganization, of a majority of the voting stock of SPRINT if SPRINT is a corporation, or any sale or other transfer of a majority in interest(whether of profits, losses, capital or voting power) or a majority of the persons composing the managers of the partnership, if SPRINT is a partnership, shall not be an assignment for purposes of this Paragraph 6. 7. FIRE OR OTHER CASUALTY A. If the Tower, or access to it, is damaged or destroyed by a casualty, OWNER shall deliver written notice to SPRINT within twenty(20)days after receipt of notice from OWNER's insurance company, which notice from OWNER sets forth OWNER's election(a)not to repair,restore and/or reconstruct the Tower, or(b)to repair, restore and/or reconstruct the Tower. If, as a result of any such casualty, the Property becomes totally or partially unusable by SPRINT, rent shall abate during the period of repair in the same proportion to the total rent as the portion of the Property rendered unusable bears to the entire Property. If OWNER elects to repair, then OWNER shall promptly commence appropriate repairs (to be diligently prosecuted to completion entirely at OWNER's expense), and this Lease shall continue in full force and effect. B. Notwithstanding anything contained herein to the contrary, OWNER is under no duty or obligation to repair the Tower in a manner that would accommodate SPRINT's equipment or antenna array. In the event that following repairs,the Tower is no longer suitable for SPRINT's intended uses,SPRINT's sole remedy shall be to terminate this Lease. C. If OWNER(a) undertakes the repair,restoration and/or reconstruction of the Tower or of any access thereto but fails to complete such repair, restoration,and/or reconstruction within forty-five (45)days after the casualty, or(b)notifies SPRINT of OWNER's intention not to repair, restore and/or reconstruct the Tower, or fails to deliver to SPRINT the written notice required under Paragraph 7.A. within twenty (20) days, then SPRINT may immediately cancel this Lease by giving written notice of its election to cancel to OWNER. 8. INDEMNIFICATION AND INSURANCE A. SPRINT ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR AND HEREBY COVENANTS AND AGREES TO FULLY INDEMNIFY, HOLD HARMLESS, AND DEFEND OWNER, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, SUITS, JUDGMENTS, ASSESSMENTS, COSTS, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS) FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OF ASSERTED PERSONS, TO THE EXTENT CAUSED BY THE NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS OF SPRINT IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, USE OR CONDITION OF SPRINT'S ANTENNAS AND EQUIPMENT, OR IN ANY WAY RESULTING FROM OR ARISING OUT OF THE WORK, SERVICES, OPERATIONS, AND LEGAL DUTIES OF SPRINT, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES, IF ANY. THIS PARAGRAPH 8A WILL ALSO APPLY TO ANY PERSONAL INJURIES OR DEATH TO ANY OF SPRINT'S OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES CAUSED BY THE EXISTING DESIGN OR CONDITION OR DESIGN OF THE PROPERTY, WHICH SPRINT HAS INSPECTED AND FOUND SUITABLE GROUND AND TOWER LEASE AGREEMENT(Revised 08/18/99) 5D9 AND SAFE FOR ITS INTENDED PURPOSES. B. EXCEPT AS SPECIFICALLY PROVIDED IN PARAGRAPH 8A, IN THE EVENT OF JOINT AND CONCURRING RESPONSIBILITY OF SPRINT AND OWNER, RESPONSIBILITY AND INDEMNITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH TEXAS LAW, WITHOUT WAIVING ANY DEFENSE OF THE PARTIES UNDER TEXAS LAW. C. SPRINT SHALL LIKEWISE ASSUME ALL RESPONSIBILITY AND LIABILITY FOR AND SHALL INDEMNIFY AND HOLD HARMLESS OWNER FOR ANY AND ALL INJURY OR DAMAGE TO THE PROPERTY TO THE EXTENT CAUSED BY SPRINT AND ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF SPRINT, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES, INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS, EXPENDED BY OWNER IN ANY SUIT OR CLAIM AGAINST SWBW FOR SAME. D. THE PROVISIONS OF THIS PARAGRAPH ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND ARE NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE,TO ANY OTHER PERSON OR ENTITY. E. SPRINT shall provide OWNER with a certificate of insurance, issued by an insurance company licensed to do business in the state in which the Tower is located indicating that SPRINT carries comprehensive general liability insurance with limits of liability thereunder of not less than: bodily injury: $500,000 for injury to any one person and$1,000,000 for all injuries sustained by more than one person in any occurrence; property damage: $1,000,000 for damage as a result of any one accident. Such insurance shall name OWNER as an additional insured with respect to the Property. SPRINT will provide OWNER with a renewal certificate within ten (10) business days of each renewal. Any insurance required to be provided by SPRINT under this Paragraph 8 may be provided by a blanket insurance policy covering this the Property and other locations of SPRINT,provided such blanket insurance policy complies with all of the other requirements of this Lease with respect to the type and amount of insurance required. SPRINT may also fulfill its requirements under this Paragraph 8 through a program of self-insurance, subject to approval by OWNER, which approval shall not be unreasonably withheld. If SPRINT elects to self- insure,then SPRINT shall furnish OWNER with a letter stating that there is a self-insurance program in effect that provides for the same, or greater, coverage than required of SPRINT herein. All insurance policies furnished under this provision shall name OWNER as an additional insured. SPRINT agrees to furnish OWNER with certificates of insurance certifying that '1"". SPRINT has in force and effect the above specified insurance. The certificate and renewal certificates shall provide that insurance shall not be canceled or changed unless 30 days' prior written notice is just given to OWNER. "All such insurance required to be provided hereunder shall contain endorsements that (i) such insurance shall not be canceled or amended with respect to OWNER or OWNER's designees except upon thirty(30) days prior notice to OWNER or OWNER's designees by the insurance company, (ii) SPRINT will be solely responsible for payment of any premiums (iii) in the event of payment of any loss covered under the policy, OWNER or OWNER's applicable loss,and(iv) SPRINT's insurance is primary in the event of overlapping coverage which may be carried by OWNER." 9. UTILITIES A. SPRINT shall be responsible directly to the serving entities for all utilities required by SPRINT's use of the Property;however,OWNER agrees to cooperate with SPRINT in its efforts to obtain utilities from any location provided by the OWNER or the servicing utility. Should electric power be provided by OWNER, SPRINT will install an electric meter and SPRINT's usage shall be read by OWNER or,at OWNER'S option, by SPRINT,on an annual basis and the cost of electricity used by SPRINT shall be paid by SPRINT to OWNER annually as a payment separate from rent and shall be computed at the then-current public utility rate. B. Should a power outage occur so that SPRINT is unable to operate using power from the electric utility, SPRINT may operate with an electric generator,but only until electric utility power is restored to the site. 10. RIGHTS TO EQUIPMENT;CONDITION ON SURRENDER GROUND AND TOWER LEASE AGREEMENT(Revised 08/18/99) 5 D 1 0 A. SPRINT's antennas and equipment shall remain personal to and the property of SPRINT At the termination or expiration of this Lease, if notice is received from OWNER, SPRINT shall remove its antennas and/or equipment. SPRINT • shall repair any damage caused by such removal, and shall otherwise surrender the Property at the expiration of the term, as same may have been extended, or earlier termination thereof, in good condition, ordinary wear and tear, damage by fire and other casualty excepted. Any of SPRINT's equipment or other property that has not been removed from the Property within thirty (30) days from the time of Lease termination shall be deemed abandoned by SPRINT and OWNER shall be free to dispose of the same in any manner OWNER chooses and without any liability to SPRINT therefor. B. Any claims relating to the condition of the Property must be presented by OWNER in writing to SPRINT within one hundred eighty(180)days after the removal of antennas and equipment by SPRINT or OWNER shall be deemed to have irrevocably waived any and all such claims. 11. SPRINT DEFAULTS A. The occurrence of any one or more of the following events shall constitute an"Event of Default" hereunder by SPRINT (1) The failure by SPRINT to make any payment of rent or any other payment required to be made by SPRINT hereunder,as and when due,where such failure shall continue for a period of ten(10)days after written notice thereof is received by SPRINT from OWNER. (2) The failure by SPRINT to observe or perform any of the covenants or provisions of this Lease to be observed or performed by SPRINT, other than specified in Paragraph 11. A. (1), where such failure shall continue for a period of ten (10) days after written notice thereof is received by SPRINT from OWNER; provided however, that it shall not be deemed an Event of Default by SPRINT if SPRINT shall commence to cure such failure within said ten(10) days period and thereafter diligently prosecutes such cure to completion. B. If there occurs an Event of Default by SPRINT in addition to any other remedies available to OWNER at law or in equity,OWNER shall have the option to terminate this Lease and all rights of SPRINT hereunder. 12. NOTICES All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail,postage prepaid,addressed as shown below(or to any other address that the party to be notified may have designated to the sender by like notice): SPRINT: Sprint Spectrum L.P. A Delaware Limited Partnership Attn: Director of Site Development Address: 1341 West Mockingbird Lane,Suite 600 E.,Dallas,Texas 75247 Telephone Number: (214)525-4000 With a copy to: Business Law Group Attn: Address: 4717 Grand Avenue,5t6 Floor,Kansas City,MO 64112 OWNER: City of Southlake,Texas GROUND AND TOWER LEASE AGREEMENT(Revised 08/18/99) 5 D - 1 1 Attn: City Manager Address: 1725 E. Southlake Blvd. Southlake,Texas 76092 Telephone Number: (817)481-5581 Extension 702 13. SALE OR TRANSFER BY OWNER Should OWNER, at any time during the term of this Lease, sell, lease, transfer or otherwise convey all or any part of OWNER'S Property to any transferee other than SPRINT,then such transfer shall be under and subject to this Lease and all of SPRINT's rights hereunder. 14. HAZARDOUS SUBSTANCES A. SPRINT represents, warrants and agrees that it will conduct its activities on the Property in compliance with all applicable Environmental Laws (as defined in attached Exhibit"B"). OWNER represents and warrants that it has received no notice of,nor has any knowledge of, any violations of any Environmental Laws affecting the Property. OWNER represents and warrants that,to the best of its knowledge, the Property has never been used for the use, generation,storage or disposal of Hazardous Substances as defined in Exhibit`B"attached hereto. B. OWNER shall be responsible for and shall promptly conduct any investigation and remediation as required by any Environmental Laws or common law of all spills or other releases of Hazardous Substances not caused by SPRINT,that have occurred or that may occur on the OWNER's Property. C. SPRINT agrees to defend,indemnify and hold OWNER harmless from and against any and all claims, causes of action, demands and liability including, but not limited to, damages, costs, expenses, assessments, penalties, fines, losses, judgments and attorney's fees that OWNER may suffer due to the existence or discovery of any Hazardous Substance on the OWNER's Property or the migration of any Hazardous Substance to other properties or released into the environment arising from SPRINT's activities on the Property during the term of this Lease. D. OWNER agrees to defend,indemnify and hold SPRINT harmless from and against any and all claims, causes of action, demands and liability including, but not limited to, damages, costs, expenses, assessments, penalties, fines, losses, judgments and attorney's fees that SPRINT may suffer due to the existence or discovery of any Hazardous Substance on the Property or the migration of any Hazardous Substance to other properties or released into the environment, arising from OWNER's activities on the OWNER's Property during the term of this Lease. 15. CONDEMNATION A. In the event the whole of OWNER's Property, including without limitation the Property and Tower, shall be taken or condemned,either temporarily or permanently, for public purposes, or sold to a condemning authority under threat of condemnation to prevent taking,then this Lease shall forthwith automatically cease and terminate. B. In the event any portion of the Property, including without limitation the Tower,shall be taken or condemned, either temporarily or permanently, for public purposes, or sold to a condemning authority under threat of condemnation to prevent taking,then OWNER agrees that SPRINT may use and/or construct upon an alternative portion of OWNER's Property which is equally suitable for SPRINT's purposes, provided such space is available. The exact site to which SPRINT may relocate will be determined by OWNER, and it may be upon any portion of OWNER's Property(or other property owned or controlled by OWNER) provided that SPRINT reasonably approves the site as equally suitable for SPRINT's intended uses. OWNER will designate a site to which SPRINT may relocate prior to the taking, condemnation or sale. In the event no alternative portion of the OWNER's Property is equally suitable for the purposes of SPRINT,then SPRINT may terminate this Lease. C. OWNER shall receive the entire condemnation award for land, Tower and such other improvements as are GROUND AND TOWER LEASE AGREEMENT(Revised 08/18/99) 5D - 12 paid for by OWNER, and SPRINT hereby expressly assigns to OWNER any and all right,title and interest of SPRINT now or hereafter arising in and to any such award. SPRINT shall have the right to recover from such authority but not from OWNER, any compensation as may be awarded to SPRINT on account of the leasehold interest of SPRINT now or hereafter arising in and to any such award. SPRINT shall have the right to recover from such authority,but not from OWNER, any compensation as may be awarded to SPRINT on account of the leasehold interest, moving and relocation expenses, and deprecation to and removal of the personal property and fixtures of SPRINT. 16. LIENS SPRINT shall keep the Property free from any liens arising out or any work performed, materials furnished, or obligations incurred by or for SPRINT SPRINT shall,within twenty(20)days following the imposition of any such lien,cause the same to be released of record by payment or posting of a proper bond. No work which OWNER permits SPRINT to perform on the Property shall be deemed to be for the use and benefit of OWNER so that no mechanics or other lien shall be allowed against the estate of OWNER by reason of its consent to such work. OWNER shall have the right to post notices that it is not responsible for payment for any such work. 17. TAXES SPRINT shall be liable for and shall pay to the applicable taxing authority if billed directly to SPRINT, or to OWNER if billed to OWNER, upon thirty (30) days prior, written notice from OWNER, any and all taxes and assessments levied against any personal property or trade or other fixtures placed by SPRINT in or about the Property. SPRINT shall pay as additional rent any increases in real property taxes levied against OWNER's Property, including the Tower, as a result of improvements constructed by SPRINT on the Property. SPRINT will not be responsible for any increases in real property taxes, which are a result of reassessment of OWNER's Property due to any sale or transfer of ownership thereof. 18. QUIET ENJOYMENT AND NON-INTERFERENCE A. OWNER warrants and agrees that SPRINT, upon paying the rent and performing the covenants herein provided,shall peaceably and quietly have and enjoy the Property. \sr B. SPRINT covenants and agrees that SPRINT's equipment, its installation,operation and maintenance will: (1) Not interfere with the operation of existing radio equipment at the Tower, whether operated by OWNER or other operators prior to installation of SPRINT's antennas and/or transmission lines on the Tower. SPRINT shall coordinate with OWNER and all other operators of existing radio equipment at the Tower to insure that SPRINT's frequencies and antenna locations will be compatible with said existing radio equipment. In the event there is harmful interference to said electronic equipment, SPRINT will promptly take all steps to eliminate said harmful interference within ten (10) days after notice from OWNER or such other operator to SPRINT advising of the interference. If said interference cannot be eliminated within thirty(30)days of notice thereof, SPRINT agrees to suspend operations (transmissions)at the site while the interference problems are studied and a means found to mitigate them. If said interference cannot be eliminated,then SPRINT shall remove its building and equipment from OWNER's Property and this Lease shall thereupon be terminated. In addition, in the event OWNER desires to install its own additional radio equipment at the water tower site in the future,SPRINT agrees to work with OWNER to eliminate any interference with said radio equipment. However, SPRINT shall not be required to eliminate interference on equipment installed after SPRINT equipment is installed. However, in no event shall SPRINT be required to diactivate or move its antennas or equipment on the tower site or the equipment building. (2) During the term of this Lease or any extension thereof, OWNER shall not permit other tenants, to place or operate any equipment,which would interfere with SPRINT's equipment or operations on the OWNER's Property or Property. OWNER shall cause that all subsequent tenants on the Tower to first coordinate with SPRINT to ensure that their frequencies and antenna locations will be compatible with SPRINT's and to agree to a clause similar to this Paragraph 8.B.(1) herein, promising to immediately eliminate harmful interference if said tenant's radio equipment should interfere with that of SPRINT herein. GROUND AND TOWER LEASE AGREEMENT(Revised 08/18/99) 5D - 13 C. Comply with all applicable rules and regulations of the Federal Communications Commission, and electrical • codes of City of Southlake and for State of Texas. Under this Lease,the OWNER assumes no responsibility for the licensing, operations and/or maintenance of SPRINT's equipment,antennas,transmission lines or attachments. 19. COORDINATION OF OPERATION A. OWNER agrees (i) to use its diligent efforts to minimize inconvenience to SPRINT by using its diligent efforts not to cause or permit any interruption or interfere with the operations of SPRINT's antennas or equipment, and (ii) to give SPRINT notice of any repairs, alterations, additions or improvements to be made with respect to the maintenance and operation of the Tower and the Property or of any planned shut downs associated with the Tower for scheduled or routine maintenance that might adversely affect the operation of SPRINT's wireless communications facility, antennas or equipment at least sixty(60)days written notice before the repair, alteration,addition, improvement or shut down of the tower. B. Only qualified and adequately insured employees, agents, contractors or persons under SPRINT's direct supervision will be permitted to climb the Tower and to install,maintain,or remove SPRINT's antennas and/or equipment from the Tower. OWNER retains the right to permit its own employees and agents and employees and agents of the subsequent users of the Tower to climb the Tower for the purpose of repair and maintenance or for any other purposes that do not interfere with SPRINT's use of the Tower,and so long as SPRINT complies with the provisions of Paragraph 19 of this Lease. C. OWNER shall not permit any person, including without limitation any contractor, employee,agent,tenant, or invitee,to work within a ten(10)foot radius of SPRINT's antennas unless SPRINT is notified prior to such activity. OWNER agrees to give SPRINT reasonable advance written notice (except in the case of emergency where advance written notice cannot be reasonably given, in which event, OWNER shall give SPRINT telephonic notice (at 1-817-258-1000) of repairs, alterations,additions,or improvements to be made with respect to the maintenance and operation of the Tower and the Property within such radius of the antennas. D. In the event that OWNER determines that any equipment or operation of SPRINT causes radio interference, as defined and regulated by the Federal Communications Commission, or interferes with the operation or use of the Tower or with any of OWNER's facilities or OWNER's equipment on the Tower,then SPRINT shall have thirty(30)days within which to correct such radio interference, pursuant to Paragraph 11.A. (2) hereof, unless such interference is with OWNER's emergency communications;then such interference shall be corrected immediately or terminated. E. It is further understood and agreed that OWNER may perform reasonable routine maintenance, painting, etc. of the Tower without compensation or liability to SPRINT,even though such maintenance and painting may cause interference with SPRINT's operations. OWNER shall notify SPRINT at least sixty (60) days prior to any scheduled maintenance or painting on the Tower that will be likely to interfere with the operation of SPRINT's equipment and allow SPRINT to construct and operate temporary facilities on OWNER's Property. OWNER shall not be required to notify SPRINT prior to performing any emergency maintenance on the Tower. F. To the extent that any shut down,repair,alteration, addition or improvement of the Tower might adversely affect the operation of SPRINT's Wireless Communications facility, antennas or equipment for a period in excess of fourteen(14) days,the rent shall be abated for the relevant time period during which SPRINT's operations are adversely affected. 20. LIGHTING OF ANTENNAS OWNER hereby agrees that,if because of SPRINT's operations on the Property any laws or regulations of the Federal Aviation Administration, Federal Communications Commission or any other relevant governmental agency or body require or recommend that SPRINT's antennas and/or the Tower be lit and/or marked, SPRINT may install and maintain such lighting and markings. In no event, however, shall SPRINT be responsible for the installation or maintenance of any lighting or markings required by the operations of OWNER or any other tenant in the Tower. OWNER will permit SPRINT access to all portions of the Tower that SPRINT may need in order to check and replace such required or recommended lighting or marking. GROUND AND TOWER LEASE AGREEMENT(Revised 08/18/99) 4 5D- 14 21. BROKERS OWNER and SPRINT represent to each other that they have not negotiated with any real estate broker in connection with this Lease. 22. ESTOPPEL CERTIFICATES A. OWNER, at the request of SPRINT, shall provide SPRINT with a certificate stating: (1)whether OWNER has any claim against SPRINT and if so, stating the nature of such claim; (2) that OWNER recognizes SPRINT's right to SPRINT's antennas, equipment and other property; (3) that SPRINT has the right to remove SPRINT's equipment and other property from the Property notwithstanding that same may be considered a fixture under local law; and(4)that OWNER has no interest in and disclaims any interest to SPRINT's equipment and other property. B. SPRINT, at the request of OWNER, shall provide OWNER with a certificate stating: (1) that this Lease is unmodified and in full force and effect (or, if there has been any modification, that the same is in full force and effect as modified and stating the modification); (2) whether or not, to SPRINT's knowledge, there are then existing any set-offs, or defenses against the enforcement of any of the agreements,terms,covenants or conditions hereof upon the part of SPRINT to be performed or complied with (and, if so specifying the same); and (3)the dates, if any, to which the rent has been paid in advance. 23. MISCELLANEOUS PROVISIONS A. This Lease is not a franchise. This agreement does not prevent the OWNER from seeking to implement a franchise on SPRINT,but SPRINT does not acknowledge that the OWNER has a right to franchise SPRINT or waive any right it might have to contest a franchise. B. OWNER warrants and agrees that OWNER is seized of good and sufficient title to and interest in the Property and has full authority to enter into and execute this Lease and that here are no undisclosed liens, judgments or impediments of title on OWNER's Property that would affect this Lease. C. This Lease, including attached exhibits which are hereby incorporated by reference, incorporates all agreements and understandings between OWNER and SPRINT, and no verbal agreements or understandings shall be binding . 1"' upon either OWNER or SPRINT,and any addition,variation,or modification to this Lease shall be ineffective unless made in writing and signed by the parties. D. OWNER agrees that OWNER's Property (including, without limitation, the Tower) and all improvements comply, and during the term of this Lease, shall continue to comply with all building, life/safety, disability and other laws, codes and regulations of any applicable governmental or quasi-governmental authority. All such compliance shall be accomplished at OWNER's sole cost and expense. Except for improvements made by SPRINT,OWNER,at its sole cost,shall maintain in good condition and repair,the Tower and other improvements upon which the Property is located. SPRINT agrees that SPRINT's property and all equipment and improvements erected hereunder shall comply, and during the term of this Lease, shall continue to comply with all building, life/safety, disability and other laws,codes and regulations of any applicable governmental or quasi-governmental authority. All such compliance shall be accomplished at SPRINT's sole cost and expense. SPRINT, at its sole cost and expense, shall maintain the appearance of all such equipment and improvements in a manner or condition not materially different from that at the time of installation. E. This Lease and the performance hereof shall be governed,interpreted, construed and regulated by the laws of the State of Texas. My litigation concerning this Lease shall be conducted in Tarrant County, Texas and the parties hereby agree to the venue and personal jurisdiction of these courts. F. This Lease, and each and every covenant and condition herein, is intended to benefit the Property and shall extend to and bind the heirs,personal representatives,successors and assigns of the parties. G. The parties agree that all of the provisions hereof shall be construed as both covenants and conditions the same as if the words importing such covenants and conditions had been used in each separate paragraph. GROUND AND TOWER LEASE AGREEMENT(Revised 08/18/99) 5D - 15 H. The parties acknowledge that each has had an opportunity to review and negotiate this Lease and have executed this Lease only after such review and negotiation. The language of each part of this Lease shall be construed simply and according to its fair meaning,and this Lease shall not be construed more strictly in favor or against either party. I. At OWNER's option, this Lease shall be subordinate to any mortgage by OWNER which from time to time may encumber all or any part of the Property, provided that every such mortgagee shall recognize (in writing and in a form acceptable to SPRINT's counsel) the validity of this Lease in the event of a foreclosure of OWNER's interest and also SPRINT's right to remain in occupancy and have access to the property as long as SPRINT is not in default of this Lease. SPRINT shall execute whatever instruments may reasonably be required to evidence this subordination. If, as of the date of execution of this Lease, there is any deed of trust, ground lease or other similar encumbrance affecting OWNER's Property, OWNER agrees to use its best efforts in cooperating with SPRINT to obtain from the holder of such encumbrance an agreement that SPRINT shall not be disturbed in its possession,use and enjoyment of the Property. J. If any portion of this Lease is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion shall be deemed modified to the extent necessary in such court's opinion to render such condition enforceable and,as so modified,such portion and the balance of this Lease shall continue in full force and effect. K. If either party institutes any action or proceeding in court to enforce any provision hereof, or any action for damages for any alleged breach of any provision hereof,then the prevailing party in such action or proceeding shall be entitled to receive from the non-prevailing party such amount as the court may adjudge to be reasonable attorneys' fees for the services rendered to the prevailing party,together with its other reasonable litigation expenses. L. In addition to the other remedies provided for in this Lease, OWNER and SPRINT shall be entitled to immediate restraint by injunction of any violation of any of the covenants,conditions,or provisions of this Lease. M. The captions of the paragraphs of this Lease are for convenience of reference only and shall not affect the interpretation of this Lease. END OF ARTICLES IN WITNESS WHEREOF,OWNER and SPRINT have duly executed this Lease as of the day and year first above written. SPRINT: Sprint Spectrum L.P. A Delaware Limited Partnership By: Name: Its: Director of Site Development Address: 1341 W.Mockingbird Lane, Suite 600E Dallas,Texas 75247 GROUND AND TOWER LEASE AGREEMENT(Revised 08/18/99) 5D - 16 OWNER: City of Southlake,Texas By: Name: Its: Tax No: GROUND AND TOWER LEASE AGREEMENT(Revised 08/18/99) 5D . 1 7 ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, on this day personally appeared , Director of Site Development, SPRINT SPECTRUM L.P. A Delaware limited partnership, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said SPRINT SPECTRUM L.P. A Delaware limited partnership, and that he/she executed the same as the act of such partnership for the purposes and consideration therein expressed,and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of ,A.D.2000. Notary Public in and for the State of Texas My Commission Expires \... GROUND AND TOWER LEASE AGREEMENT(Revised 08/18/99) 5D - 1 8 NOTARIES-GROUND AND TOWER LEASE AGREEMENT STATE OF TEXAS COUNTY OF DALLAS The foregoing instrument was acknowledged before me this day of 2000, by agent,of SPRINT SPECTRUM L.P.a Delaware limited partnership,on behalf of the partnership. He/she is personally known to me or has produced as identification. (OFFICIAL NOTARY SIGNATURE) NOTARY PUBLIC-STATE OF (PRINTED,TYPED OR STAMPED NAME OF NOTARY) MY COMMISSION EXPIRES: STATE OF TEXAS COUNTY OF TARRANT The foregoing instrument was acknowledged before me this day of 2000, by ,of the City of Southlake,Texas a municipal corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification. (OFFICIAL NOTARY SIGNATURE) NOTARY PUBLIC-STATE OF (PRINTED,TYPED OR STAMPED NAME OF NOTARY) MY COMMISSION EXPIRES: GROUND AND TOWER LEASE AGREEMENT(Revised 08/18/99) 5D - 19 EXHIBIT"Al" LEGAL DESCRIPTION fir.• SITE ID: DA23XC102A The description of the Property is as follows: Lot 3R-6 of the Miron Addition,situated in the John A.Freeman Survey,Abstract No.529 as recorded in Cabinet A,Slide 1252 of the Plat Records of Tarrant County,Texas. GROUND AND TOWER LEASE AGREEMENT(Revised 08/18/99) 5D20 EXHIBIT"A2" DEPICTION OF PROPERTY '``- SITE ID:DA23XC102A The leased Property is situated within OWNER's Property as described in Exhibit"Al". EXISTING PROPERTT LINE rof k aocvr r ARE - reu-ors uW_ --- A.REU 3,A30.;x42*LEASE ! ELLS cs2.2. —'f{_-s swr'r•c x rxw•r w m• Powur Vu1fnlEucvr �Y IZ.� w+r A iffLP �i �lo mrrox ALMSuawar�' I 1 li I « l �� J l _ J / 1 t y WG ACCE58�`1 E T -i I urw rmcsur Y I %aea • I I /':., EXISTS*BRICrV'°TE FENCE tl 0 - Ay 1 \ '\._�� LW JRR KOCK I ftIS 91115{{{1 i.,. i \. / 510 ON AOLYravr 4 for JRs BLOCK, 7r rocs JR2 n w JN a for 0 BLOCK r ��.` cAwcr A,SUD[Jwr I _. Y.R.LC r \ Er ///N• PROPOSED SPRINT LEASE S EXIST.YOICESTREMi LEASE LOT JR. AO I w r2.a..Pc 2205 I` / DR LC.r. rT ff /`J --EXISTING PROPERTY LINES --•— 1 cR' ' I . \t I L-, .-._ _1 ` R0'xxrrtr 1Aua.R 1 r l'II1rJLD�� -tom...."—,-- -1 - - .. Eilor — --wawa aoses Y L.02121 oRrx.r NORTH GROUND AND TOWER LEASE AGREEMENT(Revised 08/18/99) 50 - 21 EXHIBIT"A3" TENANT'S LEASE SPACE ON TOWER EXHIBIT SITE ID:DA23XC102A Antennas will be mounted on the Tower located on OWNER's Property described in Exhibit"Al". SUTHLAKE PROPOSED SPRINT // ANTENNA5cb � u ,1u u - vOICESTREAM ANTENNAS I EXISTING CONCRETE WATER TOWER ROUTE ANTENNA CABLES UP INNER WALL OF WATER TOWER'PEDESTAL O C? T y PROPOSED SPRINT EQUIPMENT CABINETS ERICKCRETE FENCE BY LESSOR NEW MASONRI WALL TO ENCLOSE EOI.IIRMENT ANTENNA CABLES UNDERGROUND IN CONCRETE TRENCH • GROUND AND TOWER LEASE AGREEMENT(Revised 08/18/99) 5D22 EXHIBIT"A3"ccont.? TENANT'S PLAN AT ANTENNA \i'I.., SITE ID:DA23XC102A 10. n 0 II 240•i �170• ANTENN45 Ai TCP a A! WATER TANK ANTENNA SUPPORTS ATTACHED TO ♦ 00 / TANK RV STRUCTURAL EPDXY ROUTE COAXIAL CONDUIT''.., k UP HER PALL OF RATER TOIER PEDESTAL -' • ------ --(4)4•CORE DRCL AND • g / SLEEVE WITH PVC \ CONCRETE TRENCH \ \ / WITH COVER \ I / SPRINT ECUIR'IENT CABINETS . \ I \ (. CONCRETE PAD HStK'I��• • ELEG.(TELCO PEDESTAL Ir !coal I. I 1 1 I GROUND AND TOWER LEASE AGREEMENT(Revised 08/18/99) 5D - - 23 EXHIBIT"B" • Ground and Tower Lease Agreement dated , 2000 between the City of Southlake, as OWNER and of Texas, Inc., a Limited Corporation, d.b.a., Communications(" As used in this Lease, "Environmental Laws"means all federal,state and local environmental laws,rules,regulations, ordinances, judicial or administrative decrees, orders, decisions, authorizations or permits pertaining to the protection of human health and/or the environment,including,but not limited to,the Resource Conservation and Recovery Act,42 U.S.C. § § 6901,et seq.,the Clean Air Act,42 U.S.C. § § 7401, et seq.,the Federal Water Pollution Control Act, 33 U.S.C. § § 1251, et seq., the Emergency Planning and Community Right to Know Act, 42 U.S.C. § § 1101, et seq., the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § § 9601, et seq., the Toxic Substances Control Act, 15 U.S.C. § § 2601, et seq., the Oil Pollution Control Act, 33 U.S.C. § § 2701, et seq., and Texas superfund laws, or any other comparable local, state or federal statute or ordinance pertaining to the environment or natural resources and all regulations pertaining thereto. This definition includes all federal, state or local land use laws dealing with environmental sensitivity including, but not limited to, laws regarding wetlands, steep slopes, aquifers, critical or sensitive areas, shorelines, fish and wildlife habitat,or historical or archeological significance. As used in this Lease, "Hazardous Substance" means any hazardous or toxic substances as defined by the Comprehensive Environmental Response, Compensation and Liability Act, as amended from time to time; any hazardous waste as defined by the Resource Conservation and Recovery Act of 1976, as amended from time to time;any and all material waste or substance defined as hazardous pursuant to any federal, state or local laws or regulations or order; and any substance which is or becomes regulated by any federal, state or local governmental authority; any oil, petroleum products and their byproducts. GROUND AND TOWER LEASE AGREEMENT(Revised 08/18/99) 5D - 24 City of Southlake, Texas STAFF REPORT April 14, 2000 CASE NO: ZA 00-018 PROJECT: Preliminary Plat- Crown Ridge Addition STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Preliminary Plat of Crown Ridge Addition on property legally described as Tracts 8, 9, 18, 19, and 20 situated in the R. D. Price Survey, Abstract No. 992, and being approximately 65.469 acres PURPOSE: Proposed single family residential subdivision. Preliminary Plat approval is required prior to Final Plat approval. LOCATION: On the west side of North White Chapel Boulevard approximately 700' south of West Bob Jones Road. OWNERS: Southlake/Solana, Ltd. and Linnia Johnson APPLICANT: Terra Land Development Company CURRENT ZONING: "SF-1A" Single Family Residential District and "AG" Agricultural District LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Twelve (12) RESPONSES: Three (3) responses were received from within the 200' notification area: • William E. Lamoreaux, 6967 Blackwood Drive, Dallas, TX, in favor. (Received March 29, 2000.) • Barbara Lamoreaux, 6967 Blackwood Drive, Dallas, TX, in favor,"This area of Southlake needs utilities (sewer) etc." (Received April 4, 2000.) • Marzell F. Evans, 9426 Braddock Road, Fairfax, VA, undecided. (Received April 7, 2000) P&Z ACTION: April 6, 2000; Approved(6-0) subject to Plat Review Summary No. 2, dated March 31, 2000, deleting Items #2.a (minimum 40' building line) and #2.c (100' in width at the minimum required front building line) and requiring the applicant to take to City Council an exhibit showing maximum curvature to Crown Ridge Drive from North White Chapel Boulevard to Ridgebriar Drive without disturbing the lot count. STAFF COMMENTS: Attached is Plat Review Summary No. 3, dated April 14, 2000. N:\Community Development\WP-FILES\MEMO\2000cases\00-033PP.doc Ge-I Tract Map ZA00-018 J- -'' ,1 1I '1 ' r / Town ;rn\ / , of Trophy z Wrt. -_l� Club c� 1T - W o --- 8 -- T- � ,- : •ems.7 BOB JONE _) ______J u) .3t iI . - r i 1 r-\\ -- \1 i' \ ----] icse TI 0 -v -- j m - 1 l / 1 sso" 'Il‘ `\.•lik*,,A7y, _____ i :10 ( L:---(,;/'1.-- .1\_ 2000 0 2000 Feet N W /r E S G - Z Surrounding Property Owners ..- ZA00-018 I .174 i H Ti 1 - mg kz :° 1 i 3 4 56 7 9 8 16 10 1 • . 14 13 12 11 Property Owner Zoning Land Use Description Acreage 1. Dalden Corp. 1. "S-P-1" 1. Industrial 1. 6.36 acres 2. Copper Line JV 2. "AG" 2. Low Density Residential 2. 35.85 acres 3. M. Grigsby 3. "AG" 3. Low Density Residential 3. 6.00 acres 4. R. Pruiett 4. "AG" 4. Low Density Residential 4. 3.00 acres 5. E. Henson 5. "AG" 5. Low Density Residential 5. 3.00 acres 6. E. Henson 6. "AG" 6. Low Density Residential 6. 1.83 acres 7. M. Evans 7. "AG" 7. Low Density Residential 7. 3.26 acres 8. J. Boyles 8. "RE" 8. Low Density Residential 8. 5.50 acres 9. City of Southlake 9. "AG" 9. Public Parks/Open Space 9. 10.0 acres 10. City of Southlake 10. "AG" 10. Public Parks /Open Space 10. 117.86 acres 11. R. Galvin 11. "AG" 11. Low Density Residential 11. 31.12 acres 12. B. Lamoreaux 12. "AG" 12. Low Density Residential 12. 31.87 acres 13. W. Lamoreaux 13. "AG" 13. Low Density Residential 13. 16.26 acres 14. W. Lamoreaux 14. "AG" 14. Low Density Residential 14. 15.62 acres Li. 15. City of Southlake 15. "CS" 15. Public/ Semi-Public 15. 4 acres N:\Community Development\WP-FILES\NOTICE\2000 Exhibits\00018PP.doc 5�-3 04/08/2000 09:07 FAX 8175405422 TERRA COMPANIES 01 TERRA LAND DEVELOPMENT CO. April 6,2000 Mr. Dennis Killough VIA FACSIMILE Community Development Department 817-481-6796 City of Southlake 667 N. Carroll Avenue Southlake, Texas 76092 Re: Preliminary Plat,Crown Ridge Addition Dear Dennis, We are in receipt of your review letter dated 3/31/00 on the above-referenced project. We are in agreement with the comments stated thereon. We would request consideration of our variance request to the side building line requirements concerning Lot 4,Block 4 and Lots 14 and 15,Block 3. We would also request consideration of our variance request to the front building line setback concerning Lot 11, Block 3. Thank you for your help in this matter and if you need additional information please do not hesitate to call. Sincere' . Paul S President Terra Land Development Co. ** 2740 Fuller Wiser Rd.* Euless,Texas * 76039 * 817-540-3993* Fax 817-540-5422 ** -- REC'D A P R 1 0 2000 • City of Southlake, Texas PLAT REVIEW SUMMARY Case No: ZA 00-018 Review No: Three Date of Review: 4/14/00 \. Project Name: Preliminary Plat, Crown Ridge Addition, being a revision of Crown Ridge Addition, being 65.469 acres out of the R.D. Price Survey, Abstract No. 992 APPLICANT: SURVEYOR: Terra Land Development, Co. Goodwin and Marshall Inc. 2740 Fuller-Wiser 6001 Bridge Street, Suite 100 Euless, Texas 76039 Fort Worth, Texas 76112 Phone: (817) 540-3993 Phone: (817)429-4373 Fax: (817) 540-5422 Attn: Paul Spain Fax: (817) 446-3116 Attn: P. Henderson CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 04/10/00 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT DENNIS KILLOUGH AT(817)481-5581,EXT. 787. 1. The following changes are needed regarding lotting: a. A minimum 40' building line is required on all street frontages, including Lot 9, Block 3. Applicant requests reducing this to 20' BL's along side streets (Back to Back Lots)on Lot 10, Block 2, Lots 1, 14, 15 &, Block 3, and Lot 4, Block 4. (Variance Required) (P&Z Action 4/6/00, delete) b. All lots must be 100' in width at the minimum required front building line. Lot 11, Block 3 does not comply. The applicant proposes an increased building setback of 75' to achieve the required lot width. (Variance Required) (P&Z Action 4/6/00, delete) P& ZApproved(6-0) 4/6/00 amended as noted above with the following recommendation: Provide maximum curvature along Crown Ridge Drive between N. White Chapel Blvd. and Ridgebriar Drive without disturbing lot count. * Although the Subdivision Ordinance requires utility easements along the perimeter boundary of the subdivision, staff recommends, where possible, that easements be located such that there is minimal impact on tree coverage. Provide adequate easements for franchise utilities and as required by public works. * At the time of final plat preparation, the minimum right-of-way dedications shall be in compliance with the City's Master Thoroughfare Plan. * An abandonment Ordinance must be approved by City Council. The following items should be addressed: timing of quit claim in relation to dedication and construction of new T. W. King, new dedication, construction, relocation and abandonment of any franchise or City utility easements. Contact City Engineer regarding this issue. • A small portion of this property(SWC) appears to lie within the 65LDN Airpot Overlay which will require execution of avigation easement and release on the associated final plat of the affected lots 1 cE -c City of Southlake, Texas and construction meeting the requirements of Airport Compatible Land Use Zoning Ordinance No. 479. * A Developers Agreement is required prior to construction of any public infrastructure. The Developer's Agreement for this addition should consider streets, drainage, park dedication requirements and fees, off-site sewer extensions, off-site drainage and utility easements and impact fees. A Final Plat must be approved prior to approval of the Developers agreement. * Denotes Informational Comment cc: Terra Land Development, Co. Goodwin and Marshall Inc. 2 TREE PRESERVATION ANALYSIS (Residential Subdivision Development) Case: 00-018 Date of Review: 2 —24 - 00 Number of Pages: 1 Project Name: Crown Ridge Addition(Preliminary Plat) OWNER: PREPARED BY: Terra Land Development Co. Goodwin& Marshall 2740 Fuller Wiser 6001 Bridge St., Suite 100 Euless, TX 76039 Ft. Worth, TX 76112 Phone: (817) 540-3993 Phone: (817) 429-4373 Fax: Fax: THIS ANALYSIS IS PREPARED AT THE TIME OF REVIEW OF THE ABOVE REFERENCED PROJECT AND IS TO PROVIDE AN ANALYSIS OF THE PLAN OR SURVEY AND THE IMPACT OF CONSTRUCTION ON ANY PROTECTED TREES ON THE SITE. FOR ANY QUESTIONS OR CLARIFICATION CONTACT KEITH MARTIN, LANDSCAPE ADMINISTRATOR AT (817)481-5581 EXT. 848. TREE PRESERVATION COMMENTS: 1. The applicant submitted a aerial photograph which meets the requirements of Schedule A & B, of the Tree Preservation Ordinance 585-B. * Residential Subdivision: In a residential subdivision, all protected that the Landscape Administrator determines must be altered in order to install utility lines within public R.O.W. or utility easements or drainage easements as shown on an approved Final Plat, or to achieve the cut/fill drainage as designated on the master drainage construction plan, shall be exempt from the tree replacement and tree protection requirements listed in Sections 7 and 8 of the Tree Preservation Ordinance 585-B. Any protected trees within these areas that the Landscape Administrator determines do not have to be altered shall be subject to the tree protection requirements listed in Section 8 Of the Tree Preservation Ordinance 585-B, but not the tree replacement requirements listed in Section 7 of the Ordinance. All other areas of the subdivision shall be subject to both the tree replacement and the tree protection requirements, and all other provisions of the Ordinance. * All trees within the area of the R.O.W., drainage easements and utility easements as shown on an approved Final Plat shall be exempt from protection and replacement. If no utilities are intended to be installed within an easement all efforts must be taken to protect and save as many protected trees as possible. All grading within easements and as shown on a Master Drainage Construction Plan shall be designed and performed to protect and preserve as many protected trees as possible. BUILDING INSPECTIONS SE-7 * All requirements and regulations of the Tree Preservation Ordinance 585-A, apply to the entirety of this lot. Please be aware of the penalties of not applying the tree preservation protection 1•► methods required by the Tree Preservation Ordinance 585-A. BUILDING INSPECTIONS SE—S .... C i "N>erl. 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OWNER/DEVELOPER: PREPARED BY: SITUATED IN THE W E Terra Land Development Co. GOODWINA R.D.PRICE SURVEY NOTE,RESTRICTED DRIVEWAY ACCESS 2740 Fuller Miser JARIi(AIf.1L: ABSTRACT No.992 `a There shop be en driveway access .milled Euless, Texas 76039 CITY OF SO Y Pe Mk ENGINEERS-PLANNERS-Sidi erOne IJTFB.AICE,DENTON COUNTY.TEXAS �' S in T.W.King, Bob Jones and While Chapel Ph. 817-580-3993 _ ^ Road, wllh the e,'ceplion of Lai 9. Block 3 6001 eneoe spew.Pule Iron Ean 303 Tau.Ia112 551.073 access to T.W.King. WNNIE JOHNSON Reno(al-/)0294373 20NDD lh�1-1p,11p1 ar1.PN1C SCALE I'•soo 4001 T.N King Road SF-IA SINGLE-FAMILY RESIDENTIALMI?WLV���...�� �oo. - Tau _ —--- — Roanoke. Texas 76262 ° .50 zoo CITY CASE NO. ZA00-10 PEBRUARY,2000 C C 1 , ItikY - cu* D OPE Ca UTILITY LEGEND t- a Prop. )Z WallC line 1 1 BOBB� J ROAD l � —•~ __ .-- PROPOSED SANITARY SEWER LINE '°"tHy 5°rr La Prap'B Sanitary Serer t PROPOSED SANITARY SEWER NAN1gLE —'--� 1 --- --We wn i LW,salon I ,f_ _ J _ .�Ir,. 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I II 4 Preliminary I ° Water and Sanitary Sewer Layout ill OWNER/DEVELOPER: PREPARED BY: CROWN RIDGE ADDITION Terra Land Development Co. GOODWINI 65.469 BACRES 2740 Fuller wiser MARSHALL I SINATtD IN THE a Euless. Texas 76039 CIVIL 1903lN®a_PLANNERS-SURVEYORS R.D.PRICESURVEY Ph. 817-540-3993 MI Was.saw WY 100.Fad Melt Taos T HU ABSTRACT No.992 § IJNNIF. JOHNSON Woo P17)47Wr7 CITY OF SOUTHLAKE,DENTON COUNTY,TEXAS R 4001 T.W King Road Roanoke. Teas 76262 �RU"E�— CITY CASE NO. ZA00-Ja _ APR 10 2000} r r fr.- 4 MYDROIOGE COMPUTATIONS ---- - - AREA ACREAGE C CA TT 1100 0100 prep PONT IA/ loon I9\ Iclfl A ® _ A 89 O.SO 1]__ i] 9.6 12.7 1.SO DROP rAET-_ B 6 B 0.50 3.4 15 I9 6 92.6 1'S0.CROP PA ET C I.7 O SU 0.9 _--IS Ti-_9.6 B 2 1'50 DROP NI D - 0 9 0.50 4 I IS 9.6 4 1 4'S0 DROP INLET . - E 0.9 0.50 0 5 15 9.6 3 }•SG DROP ItLET • _ BOB !ONES ROAD _ F _ -- - - _SYSTEM__ `_��.._-.__2 <r�- T - __�- -..--PI• -.. __ I16 0 50 S.B 9 35.7 C 10 2 0 50 5 1 IS 9 6 49 0 E% S O BOB J_5ES RD O 5 5 0 50 2 B IS 9 6 - 26 A BAR BITCH E%S.D SYSTEM _ 06 O50 O! IS 96 29 E% 50 BOB JONES RD , Ilk. . Ta•�� M 1 5 0 50 0 9 15 9 6 7 2 1'SO DROP KET J-= IS 6 - BY,01fUVMMTE CHAPEL RO -_ N 7.a 0_50 3.7 15 9.6 35 5 SIEET FLOW OEF SITE \T _P,YSpNIALROw De tent D,alrigr .M. © 124 I OS, WT 0.50 9.1 15 9.6 80.2 5.SO.DROP KET VICINITY MAP '\ E ASAIVOI.0 o Outlet Structure ..../.m "0.-74cw4•w1 \�, B `\\\\\ OS-2 i].1 O50 7.I IS 9.6 68.9 9'SO C10P KET - x.,a '\(\/ 4' 51-HOWL \ OS-3 2.3 90 50 12 IS 9.6 11.0 a'SO 0110P KET Ca - Iv ® 05-4 19 0.50 1.0 15 9.6 9.1 BAP DITCH/BOB JONES RD. II �© • I I' \ I -OS-5 9 O 50 5 9 6 9 I BAR_DITCH E%S 0 SYSTEM' - N L F _{ I! "N...., I E ax \\ 4'Juncllon 3'p'07 6'.AInctlBox _ \ ,' e W E -- - j ` , "It./ xu R' �D R� I!, II -� KaToN RIDGE DRIVE' -4'Drop Q I. ® / \ �- �1L PSIC:{ALE •100 ,` Inlet ® _ / \ 0 -- 00 150 :00 y 11 rrss. I. / . 1 1 it I II I, ph - \ 2 r- � -f-ar P Q Inlet / ,, t I. / II , 1 a: 1 o � ,� I{ ® \`/- / 1',aJnct Jun ! ' I ' ----'--- I /� ® a'Or�a .k.P� i BP. CROWNRB)(rE DRIVE !! _ _�In lA �I -/ - - ! _ �� _ r __ ViF / ^\f/�/ CRONVNRIDGE DRIVE 14.0'.0P_1 i / \�_------I ---- - - J� _- __- f� Q I I ® I , . A I I Z ell / R UP \ Preliminary\ u / Drainage Layout .4 OWNER/DEVELOPER: PREPARED BY: CROWN RIDGE ADDITION t BEING NorEs: Terra Land Development Co. GOO(DWINI 65.469 ACRES I. OYTERNAl_STREET SECTIONS ARE 24'Edge PPmI-Edge Noll 2740 Fuller Wuer TYIIARSI'IAL.A-. sm1A'IID Or THE d Euless, Texas 76039 WITN BAR DITCHES. EXCEPT T.W MG ROAD a MEG CT GM ENGINEERS-PLANNERS-SURVEYORS R.D.PRICE SURVEY Ph. 0I7-540-3993 03311RW9FSMI,BWY100,Fart Wb11T1111W76112 ABSTRACT No.992 LIMOSRoanoke. 12 I ng R moo NlTl asa9n CITY OF SOU7'FEE.A N OIj hYttA$ x Roan ke.King Road i„I II FtlE101 1,17 }4'��� Ronnoke, Texas 70202 CITY CASE NO. ZA00-18 J City of Southlake, Texas MEMORANDUM April 14, 2000 To: Billy Campbell, City Manager From: Charlie Thomas, City Engineer, ext. 814 Greg Last, Director of Economic Development, ext. 750 Subject: Ordinance No. 776, 2nd Reading - Abandonment and Quitclaim of a portion of TW King Road Action Requested: Approval of Ordinance No. 776, which is for the abandonment and quitclaim of a portion of TW King Road right of way. Background Information: On May 4, 1999, the City Council approved Resolution No. 99-27 and associated 380 agreement, which in section 6a committed to the abandonment of TW King Road as follows: (a) Abandonment of T.W. King Road. The City shall cause to be abandoned that portion of T.W. King Road generally located adjacent to the eastern edge of Lot 1, Block B, MTP-IBM ADDITION NO. 1 and adjacent to the western edge of PUD-8 (MIXED USE) (Ord. 480-179). Such abandonment shall be to the adjacent landowners without cost or • expense to such landowners, and shall be subject to the rights, if any, of utilities located within such abandoned area. On July 20, 1999, the City Council approved the Planned Unit Development zoning for the Sabre Corporate Campus which included section 1-D as follows: "It is anticipated that a portion of the existing Kirkwood Boulevard (from SH 114 to the boundary lines of Property) and a portion of the existing TW King Road (that lies between the Property and Tract 2 of the MTP-IBM Addition No. 1) will both be abandoned and closed for public use after the first of development is ready for occupancy. Notwithstanding the foregoing; however, continued access to such closed streets by Trophy Club's and the City's emergency fire and ambulance vehicles will be allowed unless and until the Texas Department of Transportation approves a two-way access road from Kirkwood Boulevard to "old" TW King Road. Such emergency access will be the same as required by the City's Fire Marshall. Public use of "old" TW King Road west of said Tract 2 will continue." 7B-1 Meetings have been ongoing between the City of Southlake, Town of Trophy Club and Sabre toward the development of a recommendation to TxDOT that will provide for adequate access to all interested parties. Continued progress is being made towards analysis of all options, preparation of an engineering report and resolutions of support for cities involved. Sabre desires to proceed at this time with the completion of the necessary Council action to officially abandon these roadways, effective on December 1, 2001. They plan to abide by the agreement that requires the streets to remain open to public traffic until Phase I occupancy, which is anticipated in the latter half of 2001. Design and approval of the secure access points will be processed through P&Z and City Council prior to physical closure of the roadways. Council approved this Ordinance on first reading on April 4, 2000. Financial Considerations: None. Citizen Input/ Board Review: None. Legal Review: The City Attorney reviewed and approved this Ordinance. Alternatives: None. Supporting Documents: Ordinance Quitclaim Deed Exhibit Staff Recommendation: Please place on the City Council agenda for April 18, 2000 for City Council to consider and approve Ordinance No. 776,second reading, which is for the abandonment and quitclaim of a portion of the right of way of TW King Road. // .#1 Charlie J. omas Greg Last City Engineer Director of Economic Development 7B-2 ORDINANCE NO. 776 AN ORDINANCE VACATING AND ABANDONING CERTAIN PORTIONS OF T. W. KING ROAD IN THE CITY OF SOUTHLAKE, TARRANT COUi1TY, TEXAS; DECLARING THAT SUCH PROPERTY IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORONG THE MAYOR OF THE CITY OF SOUTHLAKE TO F xECUTE A QUITCLAIM DEED RELEASING PUZLIC OWNERSHIP, INTEREST-AND CONTROL OF THIS RIGHT-OFAVAY; PROVIDING A SEVERABILIIY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake is a home rule city acting under its charter adopted by the electorate pursuant of Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local*Government Code; WHEREAS, the Texas Constitution recognizes that development and diversification of the economy of the state are public purposes and, in recognition of this constitutional amendment, the Texas Legislature adopted an enabling act allowing a city to establish and provide for the administration of a program to promote local economic development and to stimulate business and commercial activity in the municipality; WHEREAS, the beneficial economic impact, including construction, purchasing, employment and operating functions, of locating the SABRE campus within the City of Southiake is projected to be$14 billion by the end of 2009 to the City of Southiake and the surrounding area; WHEREAS, a fundamental criterion during SABRE's site evaluation and decision to locate its campus in the City of Southlake was the ability to create a closed, secure campus for the safety and protection of its employees and proprietary technology and information; WHEREAS, the City Council of the City of Southiake, after careful study and Lconsideration, has determined that the public welfare will be promoted by placing in private control a certain portion of T.W. King Road in the City of Southiake within the SABRE 7B-3 Page 1 A VACATE-2.WPD(03/10/00) campus; and WHEREAS, the City Council of the City of Southlake has determined that, if this potor of e road were not closed, the SABRE campus would be bisected by a public Ftr3at ::_'S:'g trr.rfic conger lien and safety ha_aras to :its :nd property; 2r 1 WHEREAS, the City Council of the City of Southlake has determined that closing this portion of the road does not materially and substantially impair access to any adjoining or nearby landowners' properties, because reasonable alternative routes of travel are available; and WHEREAS, the City Council has determined that the portion of T.W. King Road to be abandoned should remain open to the public until a future date when the necessity for the closure of the road occurs; and WHEREAS, the franchised utility companies have expressed no objection to the abandonment of said right-of-way; 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 owners of the abutting property. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 Effective cs provided below, the foilowing right-of-way in the City of Southlake, Tarrant County, Texas is vacated and abandoned as public property: the portion of T.W. L King Road, a dedicated public street, more specifically described in Exhibit A and shown on Exhibit B (the "Property"). The vacation of this right-of-way shall be subject to an 7B-4 A:SVACATE-2.WPD(03/10l00) Page 2 Emergency Access Easement for the ingress, egress, access, and passage to and across („„ the Property for emergency police, fire, ambulance, and other public safety vehicles and personnel, as further described in Exhibit C. Exhibits A, B and C are attached hereto and inccr„crmted herain for all purposes. The right-c;-wait sc vacated and abandoned shall revert in fee simple to the owners of the abutting properties. SECTION-2 This right-of-way vacation shall be effective on December 1, 2001. SECTION 3 Upon the vacation becoming effective, as provided in Section 2,the Mayor of the City of Southlake, Texas, is hereby authorized and directed to execute a quitclaim deed to the abutting property owners in the form shown in Exhibit D releasing all claims to title, ownership, or control of the right-of-way on the behalf of the City of Southlake, Texas, C.„ other than as excepted in the quitclaim deed. .A copy of this quitclaim need shall be presented for filing with the County Clerk of Tarrant County, Texas by the office of the City Secretary. SECTION 4 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. 7B-5 Page 3 A:IVACATE-2.WPD(03/10/C0) SECTION 5 (kw, 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 TNiS DAY OF , 2000. MAYOR • ATTEST: CITY SECRETARY C PASSED AND APPROVED ON SECOND READING ON THIS DAY OF a 2000. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney (kir 7B-6 A:\VACATE-2.WPD(03/10/00) Page 4 EXHIBIT A & C R.O.W. ABANDONMENT MTP-IBM ADDITION NO. 1 VOL. 388-211, PG. 66 CITY OF SOUTHLAKE DENTON AND TARRANT CO., TEXAS SING a 2.5382 acre (114,921 sq. ft.) tract of lend sltuoted in the W. Medlin Survey, Aastrcct No. 1958, the U.?. Mcrti,i Survey. Abstract No. 1015. Tarrant County, Texas. and the W.. Medlin Su,vey .A+ostrect Na 1588, Oenton County, Tros, also being Dort of that cerroin t.O.W. Ec;t T.W. Kucg Rcar.' (voruhle wrath R.O.W.1 Dv MTr'-•IBM ADOiTICN NO. 1, on addition to the City of Southlake occording to the Fin11 Plot thereJ: recorded Ir. Volume 388-211, Page 68, Plot Records, Torront County, Texas, said 2.6382 acre tract being more particularly described as follows: COMMENCING at the southeast corner of said MTP-IBM ADDITION NO. 1, at the re-entrant corner in the west line of SABRE GROUP CAMPUS, LOTS 1-4. BLOCK 1, a proposed addition to the City of Southloke; THENCE NO0'09'22"W along the west line of said SABRE GROUP CAMPUS addition, common with the east line of said MTP-IBM ADDITION NO. 1, a distance of 131.53 feet to the beginning of a non-tangent curve to the right which has a central ongle of 73'12'27 o radius of 10.00 feet, and a chord which bears N3901'39"W - 11.93 feet; THENCE departing the said common addition line and along said curve to the right, on arc distance of 12.78 feet to the end of said curve; THENCE NO2'25'20"W a distance of 35.00 feet to the POINT OF' BEGINNING of the herein described tract; THENCE 58734'40"W a distance of 90.98 feet to the southwesterly line of the aforementioned East T.W. King Rood; THENCE along the southwesterly line of said Eost T.W. King Rood the following: L, NO2'25'20"W a distance of 152.15 feet to a curve to the left which has o central angle of 26 59'29". a radius of 290.00 feet, and o chord which bears N13'58'45"W - 135.36 feet; Along said curve to the left, on arc distance of 136.62 feet to the end of said curve; N29 38'04"W o distance of 1.84 feet to the beginning of a curve to the left which hos o central angle of 4259'03", o radius of 406.00 feet, and a chord which bears N5107'37"W - 297.49 feet; Along said curve to the left, on arc distance of 304.59 feet to the end of said curve; N7237'O8"W a distance of 404.43 feet to the beginning of a curve to the right which hos a central angle of 5500'00", o radius of 474.00 feet, and o chord which bears N4507'08"W - 437.74 feet; Along said curve to the right, on arc distance of 455.01 feet to the beginning of a curve to the right which hos a central angle of 05'42'18", a radius of 1474.00 feet, and a chord which bears N14'45'59"W - 146.70 feet; Along said curve to the right, an arc distance of 146.77 feet; THENCE N60'08'24"E a distance of 12.68 feet to the beginning of a curve to the left which hos a central angle of 68'49'10", a radius of 64.28 feet, and a chord which bears N25'43'49". - 95.25 feet; THENCE along said curve to the left, on arc distance of 101.23 feet to the end of said curve and the beginning of a non-tangent curve to the left which hos o central angle of 08'56'22", a radius of 1406.00 feet, and a chord which bears S13'08'57"E - Coe 219.14 feet; Along said non-tangent curve to the left, on arc distance of 219.36 feet to the beginning of a curve to the left which hos a central angle of 55'00'00", a radius of 406.00 feet, and a chord which bears 54507'08"E - 374.94 feet; Along said curve to the left, an arc 7B-7 i89.73 feet to the end of said curve; • • 46.* - S7237'08"E a distance of 404.43 feet to the beginning of a curve to the right which hos o central angle of 54'27'17". a radius of 474.00 feet, and o chord which bears S4573 307E — 433.73 feet; Along said curve to the right, on arc distance of 450.50 feet to the end of said curve; S18 09 51 E o distonce of 3.34 feet to the beginning of o curve to the right which hos o central angle of 15'44'29 o radius of 610.00 feet, and a chord which bears S10'17'27'E — 167.06 feet: Along sold curve to the right, on orc distance of 167.59 feet to the end of said curve; • THENCE S0275'20"E a distance of 50.63 feet to the POINT OF BEGINNING and containing 114,921 square feet or 2.6382 acres of land, more or less. etieGAS , 1:e . ..'J'A.,:',-:.--.'i ..' ' R.' !BURN, JR. • 1 ��:° 3689 v'r &.pp.s1Q � SUM yiaa (lir' 7B-8 EXHIBIT B . R.O.W. ABANDONMENT sag9ar26"� MTP—IBM ADDITION NO. 1 S' VOL 388-211, . 68 L ( CITY OF SOU THLAKEPG I DENTON AND TARRANT CO., TEXAS 1 A I079'01' Q. I R: 1406.00' ! 1 n4.:‹ (l04- N0Y2� 257.26' ` 6'16"E - 256.90' SCALE: 1'-2CC' 0 1 — • W. MEDLIN SURVEY A/1588 DENTON CO. W. MEDLIN SURVEY A/1958 TARRANT CO. n 0 °' BLOCK A C Y�'' . W. MEDLIN SURVEY A/1958 U.P. MARTIN SURVEY A/1015 MTP-IBM ►• ! R ITI• ' • •. 1 Ze • Vol 3;8-21 , .8 Z638 Ics 2aces 0 .i. r CP Oti �� LOT 4 '�,�Gs9 ' BLOCK B ' . in 1,09 . 1:1 RN, JR. '.q• 3689...$F t oils • 1.(aOD o P.0.6 i L3 N �+ z Z CI--- .y :lox ' LOT2 � 3lo M0, i:.' ✓ Ij r ,.-' ,L✓J✓ `,v P.G. L SABRE GROUP CAMPUS LOTS 1-4, BLOCK 1 (PROPOSED) LOT I 7B-9 R.O.W. ABANDONMENT MTP-IBM ADDITION NO. 1 VOL. 388-211, PG. 68 CITY OF SOUTI-ILAKE DENTON AND TARRANT CO., TEXAS CURVE TABLE CURVE DELTA RADIUS ARC CH BRNG LC Cl 7312'27" 10.00 12.78 N 39 01'39" W 11.93 C2 26 59'29" 290.00 136.62 N 13'58'45" W 135.36 C3 42'59'03" 406.00 304.59 N 51'07'37" W 297.49 C4 55'00'00" 474.00 455.01 N 4507'08" W 437.74 C5 05'42'18" 1474.00 146.77 N 14 45'59" W 146.70 C6 08'56'22" 1406:00 219.36 S 13'08'57" E 219.14 C7 5500'00" 406.00 389.73 S 45'07'08" E 374.94 C8 54'27'17"• 474.00 450.50 S 45'23'30" E 433.73 C9 15'44'29" 610.00 167.59 S 10'17'2 7" E 167.06 C10 68'49'10" 84.28 101.23 N 25'43'49" E 95.25 L LINE TABLE LINE BEARING DISTANCE L 1 N 00 09'22" W 131.53' L2 N 0225'20" W 35.00' L3 S 87 34'40" W 90.98' L4 N 02'25'20" W 152.15' L5 N 29'38'04" W 1.84' L6 N 72'37'08" W 404.43' L7 N 60108'24" E 12.68' L8 S 72'37'08" E 404.43' L9 S 18'09'51" E 3.34' L10 S 02'25'20" E 60.63' L 7B-10 UAaa4 2000 QUITCLAIM DEED L STATE OF TEXAS § § NOW 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 quitclaim unto: First Security Bank, National Association, as Owner Trustee, ("Grantee") and any and all of its successors 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 (the "Property"). This conveyance is being made by Grantor and accepted by Grantee subject to all easements, restrictions, rights, encumbrances and other matters described in Exhibit"C" attached hereto and incorporated herein for all purposes (collectively, the "Permitted Exceptions"). • TO HAVE AND TO HOLD all of Grantor's right, title and interest in and to the Property unto the said Grantee, its successors and assigns forever, subject to the Permitted Exceptions, so that neither Grantor nor its legal representatives or assigns shall have, claim or demand any right or title to the Property or appurtenances or any part c, thereof. EXECUTED this day of , 2001. CITY OF SOUTHLAKE, GRANTOR By: MAYOR STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on the day of 2001, by Notary Public in and for the State of Texas My Commission Expires: TvnP nr Print Nntary's Name 7B-11 W:\Southlake\Deeds\SABRE.Quitclaim.wod Onne 1 Return to: City Secretary City of Southlake 1725 E. Southlake Blvd. Southlake, Texas 76092 Grantee: The SABRE Group, Inc. 4255 Amon Carter Blvd. Fort Worth, Texas 76155 Attention: General Counsel • 7B-12 W:1Southlake\Deeds1SABRE.Quitclaim.wpd Page 2 EXHIBIT A R.O.W. ABANDONMENT MTP-IBM ADDITION NO. 1 (1160, VOL. 388-211, PG. 68 CITY OF SOU THLAKE DENTON AND TARRANT CO., TEXAS c='4G 2.6382 acre (114,921 sq. ft.) tract of land situated in the 'N. Medlin Survey, Abstract No. 1358, the U.P. Martin Survey. Abstract No. 1015, Tarrant County, Texas, cr.d the W. Medlin Survey, Abstract No. 1588. Denton County. Texas. also being pert of that certain R.O.W. East T.W. King Rood (variable width R.O.W.) by MTP-IBM ADDITION NO. 1, cn addition to the City of Southloke according to the Final Plat thereof recorded in Volume 388-211, Page 68. Plot Records, Tarrant County, Texas, said 2.6382 acre tract being more particularly described os follows: COMMENCING at the southeast corner of said MTP-IBM ADDITION NO. 1, at the re-entrant corner in the west line of SABRE GROUP CAMPUS, LOTS 1-4. BLOCK 1, a proposed addition to the City of Southlake; THENCE N00'09'22"W along the west line of said SABRE GROUP CAMPUS addition, common with the east line of said MTP-IBM ADDITION NO. 1, a distance of 131.53 feet to the beginning of a non-tangent curve to the right which has a central angle of 7312'27". a radius of 10.00 feet, and a chord which bears N39 O1'39"W - 11.93 feet; THENCE deporting the said common addition line and along said curve to the right, an arc distance of 12.78 feet to the end of said curve; THENCE N0225'20"W a distance of 35.00 feet to the POINT OF BEGINNING of the herein described tract; THENCE 58734'40"W a distance of 90.98 feet to the southwesterly line of the aforementioned East T.W. King Rood; THENCE along the southwesterly line of said East T.W. King Rood the following: N0225'20"W a distance of 152.15 feet to a curve to the left which hos a central angle of 26'59'29% a radius of 290.00 feet, and o chord which bears N13 58'45"W - 135.36 feet; Along said curve to the left. an arc distance of 136.62 feet to the end of said curve; N29'38'04"W a distance of 1.84 feet to the beginning of o curve to the left which hos o central angle of 4259'03", a radius of 406.00 feet. and o chord which bears N51'07'37"W - 297.49 feet; Along said curve to the left. on arc distance of 304.59 feet to the end of said curve; N72 37'08"W a distance of 404.43 feet to the beginning of a curve to the right which hos a central angle of 5500'00". a radius of 474.00 feet. and o chord which bears N45'07'08"W - 437.74 feet; Along said curve to the right, on arc distance of 455.01 feet to the beginning of a curve to the right which hos o central angle of 05'42'18". a radius of 1474.00 feet, and a chord which bears N14'45'59"W - 146.70 feet; Along said curve to the right. on arc distance of 146.77 feet; THENCE N60'08'24"E a distance of 12.68 feet to the beginning of o curve to the left which hos a central ongle of 68'49'10". a radius of 84.28 feet. and a chord which bears N25'43'49"E - 95.25 feet; THENCE along said curve to the left, on arc distance of 101.23 feet to the end of scid curve and the beginning of a non-tangent curve to the left which has a central cngle of 08 56'22". a radius of 1406.00 feet, and o chord which bears S13'08'57"E - 219.14 feet; Along said non-tangent curve to the left. on arc distance of 219.36 feet to the beginning of o curve to the left whip'►+ h,,e ' "tral angle of 55'00'00", o radius of 406.00 feet, and a chord which be = - 374.94 feet; 7B-13 Along said curve to the left, on or 389.73 feet to the end of said curve; L - S72'37'08"E o distance of 404.43 feet to the beginning of a curve to the right which hos a central angle of 5477'17", a radius of 474.00 feet, and o chord which bears S4523'30"E — 433.73 feet; Along said curve to the right, an arc distance of 450.50 feet to the end of said curve; S18'09'51"E a distonce of 3.34 feet to the beginning of a curve to the right which has a central angle of 15'44'29", a radius of 610.00 feet, and a chord which bears S1017'27'E — 167.06 feet; Along said curve to the right, on arc distance of 167.59 feet to the end of said curve; THENCE 50225.'20`E a distance of-60.63 feet to the POINT OF BEGINNING and containing 114,921 square feet or 2.6382 acres of land, more or less. (1111, toOr ir. '';;!-:"....,.. 56 i ;,: •... . .• ,._._.......: •• ' R.' !BURN, JR. ci'O 3689 •gss)q A suav y1 °a L 7B-14 EXHIBIT B R.O.W. ABANDONMENT MTP—IBM ADDITION NO. 1 sag:;2.31 VOL. 388-211, PG. 68 L - 1 CITY OF SOUTHLAKE i DENTON AND TARRANT CO., TEXAS I 1 A. to79*:,• 11 /Th. R• I 406.OO I 7:4 * I L.,;425,470.23!;r6-E - 256.90 SCA.E: (.., I .?: '/C-; • k . 1 .' DENTON — — 0 r.......,,,,,,,"— 0 Ul 0 Co W. MEDLIN SURVEY A/7588 CO. — W. MEDLIN SURVEY A/1958 TARRANT CO. BLOCK A • ON -— ‘1%\s "--...,...k... ..4- 0 14 Y a. W. MEDLIN SURVEY A/1958 U.?. MARTIN SURVEY A/1015 MTP-1BM P. 5. .ITI• • • 10. 1 te Vol. .3:8-21 , ": .8 26382 LLe (k.tes o szs. cl u• BLOCK B I - ,. • - 1.. RN, JR. 1 s••• Li\ L 0 T 4 0 N'IVA te S T ck •C I-- • §0 0% 11 P O )-to 0 •P.O.E td> > CC CC Z L3 1.1•3 vi ' z Cl- LOT ./.?. z Cl: ... cni Artto ..-.;:*•*; ----.. • ,..,..2.10 i3U% -. 11:.-r•;*-" VP \ L SABRE GROUP CAMPUS LOTS 1-4, BLOCK 1 (PROPOSED) LOT 1 7B-15 _ . . . ••A E•O•LA A.S.. • R.O.W. ABANDONMENT MTP-IBM ADDITION NO. 1 VOL , PG. 68 L CITY. 3 OF8-SOUTHLAKE211 DENTON AND TARRANT CO., TEXAS CURVE TABLE CURVE DELTA RADIUS ARC CH BRNG LC Cl 73'12'27" 10.00 12.78 N 39'01'39" W 11.93 C2 26'59'29" 290.00 136.62 N 13'58'45" W 135.36 C3 42 59'03" 406.00 304.59 N 51'07'37" W 297.49 C4 55'00'00" 474.00 455.01 N 45 07'08" W 437.74 C5 05'42'18" 1474.00 146.77 N 14'45'59" W 146.70 C6 08 56'22" 1406:00 219.36 S 13 08'57" E 219.14 C7 55'00'00" 406.00 389.73 S 45'07'08" E 374.94 C8 5427'17" 474.00 450.50 S 4523'30" E 433.73 C9 15'44'29" 610.00 167.59 S 10'17'2 7" E 167.06 C10 68'49'10" 84.28 101.23 N 25'43'49" E 95.25 C LINE TABLE LINE BEARING DISTANCE LI N 00 09'22" W 131.53' L2 N 02 25'20" W 35.00' L3 S 87 34'40" W 90.98' L4 N 02 25'20" W 152.15' L5 N 29 38'04" W 1.84' L6 N 72'37'08" W 404.43' L7 N 60'08'24" E 12.68' L8 S 72'37'08" E 404.43' L9 S 18'09'51" E 3.34' L10 S 02 25'20" E 60.63' C 7B-16 Exhibit C PERMITTED EXCEPTIONS 1. The rights of all existingutilities located in the Property. 9 2. Emergency Access Easement reserved by Grantor for the purpose of ingress, egress, access, and passage to and across the Property for emergency police,fire, ambulance and other public safety vehicles and personnel. This Emergency Access Easement is a private easement to be maintained by Grantee, its successors and assigns. This Emergency Access Easement is subject to Grantee's right to have access controls that are approved by the City of Southlake's Fire Marshal. This Emergency Access Easement terminates upon approval and installation of a permanent two-way access road from Kirkwood Boulevard to"old" T.W. King Road by the Texas Department of Transportation. 3. Drainage and Utility Easement reserved by Grantor within the Property for the installation,maintenance,and operation of water,sewer, electric,telephone,cable, gas, and other similar utilities and for the overland or underground transfer of storm water. The Property shall not have any permanent structures, fences, or other obstacles hindering (1) the safe transfer of water through the easement or (2) the installation, maintenance, and operation of utilities; provided, however, Grantee shall have the right to install such permanent structures on the surface as are reasonably necessary to achieve the access control approved by the City of Southlake's Fire Marshal, subject to the right of Grantor, its officers, agents, servants and employees to install, operate, and maintain utilities. L 7B-17 W\SniithlakPVlasx1c\SARRF nuitdaim writ A Exhibit C UTILITY COMPANY APPROVALS We,the undersigned,as duly authorized representatives of the respective utility companies,hereby express no objection to the abandonment of a portion of T.W King Road as described on the attached exhibits. TXU Elertrin Gas Tri-County Electric Cooperative,Inc. Signed: w cfci`Q Signed: Printed Name: oa icY W SM tr i Printed Name: Title: Il Tit-aTy U%S(GO EK, SK• Title: Date: 3-8-0 Date: GTE Central,Inc. Southwestern Bell Telephone Signed: Signed: Printed Name: Printed Name: Title: Title: Date: Date: Charter Communications Signed: L Printed Name: Title: Date: L 7B-18 Exhibit C LUTILITY COMPANY APPROVALS We,the undersigned, as duly authorized representatives of the respective utility companies,hereby express no objection to the abandonment of a portion of Kirkwood Boulevard as described on the attached exhibits. TXU Electric/Gas Tri-County Electric Cooperative,Inc. Signed: Signed: " ;Off ID •,�. Printed Name: Printed Name: �c,i' ��. t�Ai wt ca Title: Title: lA446g1e- h ,2 'E.Qsr Date: Date: rr I ZOOO GTE Central,Inc. Southwestern Bell Telephone Signed: Signed: Printed Name: Printed Name: Title: Title: Date: Date: Charter Communications Signed: Printed Name: Title: Date: C 7B-19 Exhibit C UTILITY COMPANY APPROVALS (libe We,the undersigned,as duly authorized representatives of the respective utility companies,hereby express no objection to the abandonment of a portion of Kirkwood Boulevard as described on the attached exhibits. TXU Electric/Gas Tri-County Electric Cooperative,Inc. Signed: ,�i2 Signed: Printe ame: fn..�Jam_f`v� <f Printed Name: Title: O,S I" Sc e v il tS by' Title: Date: 3- DU Date: GTE Central,Inc. Southwestern Bell Telephone Signed: Q"�.µ/Z Signed: Print Name:`®b Ft,. .J,f twee l Printed Name: Title: 4 SP . fusty vjJol. Title: Date: 3— i-O O Date: Charter Communications Signed: (kw Printed Name: Title: Date: C 7B-20 Exhibit C UTILITY COMPANY APPROVALS We,the undersigned,as duly authorized representatives of the respective utility companies,hereby express no objection to the abandonment of a portion of Kirkwood Boulevard as described on the attached exhibits. TXU Electric/Gas Tri-County Electric Cooperative,Inc. Signed: Signed: Printed Name: Printed Name: Title: Title: Date: Date: GTE Central,Inc. Southwestern Bell Telephone Signed: Signed: Printed Name: Printed Name: Title: Title: Date: Date: Charter/Communications Signed: /�l,l�utried ti' G_ i "/111: Printed Name: Wendy fit ciatt y2/,h Title: ILfi���y CDQ/yL'3�i/ZGt.1�tjr Date: - O"7- Do kir 7B-21 Exhibit C UTILITY COMPANY APPROVALS Lie We,the undersigned,as duly authorized representatives of the respective utility companies,hereby express no objection to the abandonment of a portion of T.W King Road as described on the attached exhibits. TXU Electric/Gas Tri-County Electric Cooperative,Inc. Signed: Signed: Printed Name: Printed Name: Title: Title: Date: Date: GTE Central,Inc. Southweste Bell T9eyhone Signed: Signed: / Gl,`f�/ a Printed Name: Printed Name: ie['o eA VA Nj s-s Title: Title: /1 -ct fit/ Date: Date: 03/ 2/42) Charter Communications Signed: (kw Printed Name: Title: Date: L 7B-22 r ,..,.... NI wolfifoo � j ,o IeeEI��i (b., i______•---- .. , �aiCall "1 IL. "w. may. • Ord ri. I w w a""a J"r .1 NM "NR-PUb" - --..-..-. - ..-..- -- ...-...---..-..-..- -..-..-..-...-. .._ L. DINTDNC DUMY L . n \#:...4 r.nlw M. I.". I, • A 0101 A. - W Igo u.s.& "' "AG" i� '. A I I ~S ff� AOIE. ; _.._ . .... .. .ui3A —...-.._- ..;- �' i • .� � �� ! '' �� ,� �• -.f.,•\ it "AG' Vi k %I1 a:NR-PUD" . uol�etxuB w, " I 1 I i MTP-IBM PHASE III IU.JV "" , ...N.Ns 1., 4,11040- pv. .Aori : • I � H � . MTPJ A#011f Pima" '. r/iiii,/�L i L„ i 0). i ! ..,\ j40/17, R-PUD i ' MTP-IBM ! . \: E n i In,Jv �4101,17. / PHLIT:LEM i MI,JV • I I ' I '-- 'OITi imATIO,IW,I IBUBOti`s/ IEB\ I j0• I MT IBM PHASE II I M.JV iITP-IBM PHASE II i nr,ri - j pKcL. P t .y `' \ [ rip ® w •, t1�` 11 "RPUD" • /..� \ t y ( Y I �� 00. OW fi• • . "•«/-j "„ _ a OP J -411,-'. MTP-IBM PHASE II L III,JV W M Ir I 1 -{,J "r r IfTP-(BM PHASE 11 a<In JO ,' ". �� . '-:V-:'.a \ SfE5 40, r -- " ADJACENT OWNERS 1. i NI \r=7 AND ZONING <� ' 7B-23 City of Southlake, Texas MEMORANDUM April 14, 2000 To: Billy Campbell, City Manager From: Charlie Thomas, City Engineer, ext. 814 Greg Last, Director of Economic Development, ext. 750 Subject: Ordinance No. 777, 2' Reading — Abandonment and Quitclaim of a portion of Kirkwood Boulevard Action Requested: Approval of Ordinance No. 777, which is for the abandonment and quitclaim of a portion of Kirkwood Boulevard right of way. Background Information: On May 4, 1999, the City Council approved Resolution No. 99-27 and associated 380 agreement, which in section 6b committed to the abandonment of Kirkwood Boulevard within the campus boundary as follows. (b) Abandonment of Kirkwood Boulevard. The City shall cause to be abandoned that portion of Kirkwood Boulevard north and east of SH 114. Such abandonment shall be to the adjacent landowners without cost or expense to such landowners, and shall be subject to the rights, if any, of utilities located within such abandoned area. On July 20, 1999, the City Council approved the Planned Unit Development zoning for the Sabre Corporate Campus which included section 1-D as follows: "It is anticipated that a portion of the existing Kirkwood Boulevard (from SH 114 to the boundary lines of Property) and a portion of the existing TW King Road (that lies between the Property and Tract 2 of the MTP-IBM Addition No. 1) will both be abandoned and closed for public use after the first of development is ready for occupancy. Notwithstanding the foregoing; however, continued access to such closed streets by Trophy Club's and the City's emergency fire and ambulance vehicles will be allowed unless and until the Texas Department of Transportation approves a two-way access road from Kirkwood Boulevard to "old" TW King Road. Such emergency access will be the same as required by the City's Fire Marshall. Public use of "old" TW King Road west of said Tract 2 will continue." (lbw 7A-1 Meetings have been ongoing between the City of Southlake, Town of Trophy Club and Sabre toward the development of a recommendation to TxDOT that will provide for adequate access to all interested parties. Continued progress is being made towards analysis of all options, preparation of an engineering report and resolutions of support for cities involved. Sabre desires to proceed at this time with the completion of the necessary Council action to officially abandon these roadways, effective on December 1, 2001. They plan to abide by the agreement that requires the streets to remain open to public traffic until Phase I occupancy, which is anticipated in the latter half of 2001. Design and approval of the secure access points will be processed through P&Z and City Council prior to physical closure of the roadways. Council approved this Ordinance on first reading on April 4, 2000. Financial Considerations: None. Citizen Input/ Board Review: None. (kw Legal Review: The City Attorney reviewed and approved this Ordinance. Alternatives: None. Supporting Documents: Ordinance Quitclaim Deed Exhibit Staff Recommendation: Please place on the City Council agenda for April 4, 2000 for City Council to consider and approve Ordinance No. 777, second reading, which is for the abandonment and quitclaim of a portion of the right of way of Kirkwood Boulevard. Charlie J. T omas Greg Last City Engineer Director of Economic Development 7A-2 ORDINANCE NO. 777 AN ORDINANCE VACATING AND ABANDONING CERTAIN PORTIONS OF KIRKWOOD BOULEVARD IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; DECLARING THAT SUCH PROPERTY IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR OF THE CITY OF SOUTHLAKE TO EXECUTE A QUITCLAIM DEED 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 is a home rule city acting under its charter adopted by the electorate pursuant of Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; WHEREAS, the Texas Constitution recognizes that development and diversification of the economy of the state are public purposes and, in recognition of this constitutional amendment,the Texas Legislature adopted an enabling act allowing a city to establish and provide for the administration of a program to promote local economic development and to stimulate business and commercial activity in the municipality; WHEREAS, the beneficial economic impact, including construction, purchasing, employment and operating functions, of locating the SABRE campus within the City of Southlake is projected to be$14 billion by the end of 2009 to the City of Southiake and the surrounding area; WHEREAS, a fundamental criterion during_SABRE's site evaluation and decision to locAte its campus in the City of Southiake was_tkteability...to create a closed, secure campus for the safety and protection of its employees and{proprietary technology and information; WHEREAS, the City Council of the City of Southiake, after careful study and (01" consideration, has determined that the public welfare will be promoted by placing in private control a certain portion of Kirkwood Boulevard in the City of Southiake within the SABRE 7A-3 A:WACATE-1.WPO(03/10/00) Page 1 • campus; and (kw WHEREAS, the City Council of the City of Southlake has determined that, if this portion of the road were not closed, the SABRE campus would be bisected by a public street, causing traffic congestion and safety hazards to life and property; and WHEREAS, the City Council of the City of Southlake has determined that dosing this portion of the road does not materially and substantially impair-access to any adjoining or nearby landowners' properties, because reasonable alternative routes of travel are available; and WHEREAS, the City Council has determined that the portion of Kirkwood Boulevard to be abandoned should remain open to the public until a future date when the necessity for the closure of the road occurs; and WHEREAS, the franchised utility companies have expressed no objection to the (kw abandonment of said right-of-way; 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 owners of the abutting property. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 Effective as provided below, the following right-of-way in the City of Southlake, Tarrant County, Texas is vacated and abandoned as public property: the portion of (of Kirkwood Boulevard, a dedicated public street, more specifically described in Exhibit A and shown on Exhibit B (the 'Property). The vacation of this right-of-way shall be subject to 7A-4 A1VACATE-1.WPD(03/10/00) Page 2 an Emergency Access Easement for the ingress, egress, access, and passage to and across the Property for emergency police, fire, ambulance, and other public safety vehicles and personnel, as further described in Exhibit C. Exhibits A, B and C are attached hereto and incorporated herein for all purposes. The right-of-way so vacated and abandoned shall revert in fee simple to the owners of the abutting properties. SECTION 2 This right-of-way vacation shall be effective on December 1, 2001. SECTION 3 Upon the vacation becoming effective, as provided in Section 2, the Mayor of the City of Southlake, Texas, is hereby authorized and directed to execute a quitclaim deed to the abutting property owners in the form shown in Exhibit D releasing all claims to title, ownership, or control of the right-of-way.on the behalf of the City of S.outhlake, Texas, (iiire other than as excepted in the quitclaim deed. A.cQ.p_y.of.this_quitclaim deed shall be presented for filing with-the County Clerk of Tarrant County,Texasby-the office of the City Secretary. SECTION 4 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. 7A-5 A:IVACATE-1.WPD(03/10/001 "^""' SECTION 5 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 , 2000. MAYOR • ATTEST: CITY SECRETARY PASSED AND.APPROVED.ON SECOND. READING ON_THIS DAY OF , 2000. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney L 7A-6 A:\VACATE-1.WPD(03/10/00) Pane 4 EXHIBIT A R.O.W. ABANDONMENT MTP-IBM ADDITION NO. 1 VOL. 388-211, PG. 68 CITY OF SOUTHLAKE �r DENTON AND TARRANT CO., TEXAS BEING a 2.5196 acre (109,754 sq. ft.) tract of land situated in the U.P. Martin Survey, Abstroct No. 1015. Tarrant County, Texas, also being all of Kirkwood Boulevard (131' R.O.W.), dedicated as Parkway Boulevard by MTP—IBM ADDITION NO. 1, an addition to the City of Southloke according to the Final Plot thereof recorded in Volume 388-211. Page 68. Plot Records, Tarrant County, Texas, said 2.5196 acre tract being more particularly described as follows: BEGINNING at the southeast corner of said MTP—lBM ADDITION NO. 1, of the re—entrant corner in the west line of SABRE GROUP CAMPUS, LOTS 1-4, BLOCK 1, a proposed addition to the City of Southloke; THENCE along the west line of said SABRE GROUP CAMPUS addition, common with the south line of the aforementioned Kirkwood Boulevard. the following: S87'34.40"W a distance of 137.89_feet to the beginning of o curve to the left which has a central angle of 2419'16, a radius of 1419.50 feet, and a chord which bears S7525'02"W — 598.04 feet; Along said curve to the left, and arc distance of 602.55 feet to the end of said curve; S6315'251W a distance of 32.25 feet to the southerly end of the westerly terminus line of said Kirkwood Boulevard, in the easterly line of State Highway No. 114 (variable width R.O.W.); (Pr THENCE N26'44'35"W along the westerly terminus line of said Kirkwood Boulevard, with the easterly line of said State Highway No. 114, a distance of 131.00 feet to the northwesterly corner of said Kirkwood Boulevard; THENCE departing the easterly line of said State Highway No. 114 and along the northerly line of said Kirkwood Boulevard the following: N6315'25'E o distance of 32.25 feet to the beginning of o curve to the right which has o central angle of 24'19'16", o radius of 1550.50 feet, and a chord which bears N7525'02"E — 653.23 feet; Along sold curve to the right. on arc distance of 658.16 feet to the beginning of a curve to the left which has a central angle of 90'00'00", a radius of 45.00 feet. and a chord which bears N42 34'40"E — 63.64 feet; Along sold curve to the left, on arc distance of 70.69 feet to the end of said curve; THENCE N8734'40"E a distance of 90.98 feet; THENCE S0225'20"E a distance of 35.00 feet to the beginning of a curve to the left which hos a central angle of 7312'27". a radius of 10.00 feet, and a chord which bears S39'01'39"E — 11.93 feet; Along said curve to the left, on arc distance of 12.78 feet to the end of said curve in the west line of the aforementioned SABRE GROUP CAMPUS addition; THENCE SOO'09'22"E along the west line of said SABRE GROUP CAMPUS addition, a distance of 131.53 feet to the POINT OF BEGINNING and containing 109.754 squor- or 2.5196 acres of land, more or less. 'I. 4.,11111 _t .. rA Jr PIBLV , JR. ' t'•4 3689 7A-7 9iat:cS,.,�r� . EXHIBIT B . . . .. .. . . ... . • • R.O.W. ABANDONMENT MTP-IBM ADDITION NO. 1 s 899.11rE VOL 388-211, PG. 68 (ilw II CITY OF SOUTHLAKE DENTON AND TARRANT CO., TEXAS 1 •i 1 1 - 1.3'NE2.2* i R. TACtS.L'C' 1 L- 32. 6* *24' i C14.A No'8.57-w - J41.22* SCALE: 1-.2C0' 0 1 Z k k..- W. MEDLIN SURVEY A/I588 DENTON CO. .—....... W. MEDLIN SURVEY A/1958 TARRAN T CO. BLOCK A • . - Fs, .,, . . -.4- ib W. MEDLIN SURVEY A/1958 U.P. MARTIN SURVEY A/10/5 MTP-IBM P• 9 Pin. • k O. 1 Vol. .388-211, ':. .8 C BLOCK B LOT 4 co In in,.... ?r it.... L5 vc r- t z GA) cr) a(nz C4 - C2 a..( 4.1 1 rreS n I- LOT : v na a.,_ eV XFV-. ....:•••• §ia:• 1.,•-• ,.(-,0 tv-).:....:-. :'•:•*** . , A.. riii, I ..,,,,Axi?‘::4 F.1...•....r"' Li 1 1740.if. , . ,. ii . . .,,,iih , , . , < c..,x SABRE GROUP CAMPUS \P.O.: 1, , ••• =!f.,.'.:... .• LOTS 1-4, BLOCK 1 . BURN. 0- (PROPOSED) • • JR. 1 LOT 1 I;(_".01........3....4,...."3..68...9..1.4.:_... WeESS9V 7A-8 . /' • �. �.__.......__.._.___.._.__.__..._._. ___........ ................. R.O.W. ABANDONMENT _......_.._.........._....._ _....... .._. MTP-IBM ADDITJON NO. 1 VOL 388.211. PG. 68 CITY OF SOUTHLAKE DENTON AND TARRANT CO.. TEXAS . CURVE TABLE CURVE DELTA RADIUS ARC CH BRNG LC C1 2419'16" 1419.50 602.55 S 75'25'02" W 598.04 C2 2419'16" 1550.50 658.16 N 7575'02" E 653.23 C3 90'00'00" 45.00 . 70.69 N 42'34'40" E 63.64 ,C4 7312'27" 10.00 12.78 S 39'01139" E 11.93 • (1110 r . LINE TABLE LINE BEARING DISTANCE • L 1 S 87'34'40" W 137.89' L2 S 6315'25" W 32.25' . L3 N 26'44'35" W 131.00' L4 N 631 5'25" E 32.25' j . L5 N 87'34'40" E 90.98' _ L6 S 0275'20" E 35.00' L7 S 00'09122" E 131.53' • } 7A-9 , JAN. 2000 Sht. 3 0/ 3 QUITCLAIM DEED STATE OF TEXAS § (11. § NOW 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 quitclaim unto: First Security Bank, National Association, as Owner Trustee, ("Grantee") and any and all of its successors 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 (the "Property"). This conveyance is being made by Grantor and accepted by Grantee subject to all easements, restrictions, rights, encumbrances and other matters described in Exhibit"C" attached hereto and incorporated herein for all purposes (collectively, the "Permitted Exceptions"). TO HAVE AND TO HOLD all of Grantor's right, title and interest in and to the Property unto the said Grantee, its successors and assigns forever, subject to the Permitted Exceptions,so that neither Grantor nor its legal representatives or assigns shall have, claim or demand any right or title to the Property or appurtenances or any part thereof. EXECUTED this day of , 2001. • CITY OF SOUTHLAKE, GRANTOR By: MAYOR STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on the day of 2001, by Notary Public in and for the State of Texas My Commission Expires: TvDe or Print Nntay's Name 7A-10 Page W:1Southlake\Deeds\SABRE.Quitctaim.wpd Return to: City Secretary City of Southlake 1725 E. Southlake Blvd. Southlake, Texas 76092 Grantee: The SABRE Group, Inc. 4255 Amon Carter Blvd. Fort Worth, Texas 76155 Attention: General Counsel • 7A-11 W:\Southlake\DeedsISABRE.Quitdaim.wpd Pace 2 EXHIBIT A R.O.W. ABANDONMENT MTP-IBM ADDITION NO. 1 VOL. 388-211, PG. 68 (irw CITY OF SOU THLAKE DENTON AND TARRANT CO., TEXAS BEING a 2.5196 ocre (109,754 sq. ft.) tract of land situated in the U.P. Martin Survey, Abstract No. 1015, Tarrant County, Texas. also being all of Kirkwood Boulevard (131' R.O.W.), dedicated as Parkway Boulevard by MTP—IBM ADDITION NO. 1, on addition to the City of Southloke according to the Final Plot thereof recorded in Volume 388-211. Page 68, Plot Records. Tarrant County, Texas. said 2.5196 acre tract being more particularly described as follows: BEGINNING at the southeast corner of sold MTP—IBM ADDITION NO. 1, at the re—entrant corner in the west line of SABRE GROUP CAMPUS. LOTS 1-4. BLOCK 1, a proposed addition to the City of Southlake: THENCE along the west line of said SABRE GROUP CAMPUS addition, common with the south line of the aforementioned Kirkwood Boulevard. the following: S87'34'40"W a distance of 137.89-feet to the beginning of a curve to the left which has a central angle of 2419'16. a radius of 1419.50 feet. and a chord which bears S7525'02"W — 598.04 feet; Along said curve to the left. and arc distance of 602.55 feet to the end of said curve; S6315'25"W a distance of 32.25 feet to the southerly end of the westerly terminus line of said Kirkwood Boulevard. in the easterly line of State Highway No. 114 (variable width R.O.W.); THENCE N26'44'35"W along the westerly terminus line of said Kirkwood Boulevard. with the easterly line of said State Highway No. 114. a distance of 131.00 feet to the northwesterly corner of said Kirkwood Boulevard; • THENCE deporting the easterly line of said State Highway No. 114 and along the northerly line of said Kirkwood Boulevard the following: N6315'25"E o distance of 32.25 feet to the beginning of o curve to the right which hos a central angle of 2419'16", a radius of 1550.50 feet. and a chord which bears N 7525'02"E — 653.23 feet; Along said curve to the right. on arc distance of 658.16 feet to the beginning of a curve to the left which has a central angle of 90'00'00% a radius of 45.00 feet. and a chord which bears N42 34'40'E — 63.64 feet; Along said curve to the left, on arc distance of 70.69 feet to the end of said curve; THENCE N8734'40"E a distance of 90.98 feet; THENCE S0225'20"E a distance of 35.00 feet to the beginning of a curve to the left which hos o central angle of 73'12'27". a radius of 10.00 feet, and a chord which bears S39'01'39"E — 11.93 feet: Along said curve to the left. an arc distance of 12.78 feet to the end of said curve in the west line of the aforementioned SABRE GROUP CAMPUS addition; THENCE S00'09'22"E along the west line of said SABRE GROUP CAMPUS addition, a distance of 131.53 feet to the POINT OF BEGINNING and containing 109.754 squor or 2.5196 acres of land, more or less. � � L .:... l'•4.6 3689 �A7p. 7A-12 9��•F?;. EXHIBIT B R.O.W. ABANDONMENT MTP-IBM ADDITION NO. 1 (..• il VOL 388-211, PG. 68 CITY OF SOUTHLAKE DENTON AND TARRANT CO., TEXAS •i A- 1.35622' R. I 406.X. rk. ! : I., 342.Z. Cri- NO5"..:8'57-w- 34t.22 SCALE: 1'..2c0e 01' i.G.' .k: k:. W. MEDLIN SURVEY A/1588 DEN TON CO. W. MEDLIN SURVEY A/1958 TARRANT CO. BLOCK A • . ck• ____ - - -ro .... . . . .4- •x- 0. W. MEDLIN SURVEY A/1958 0 U.P. MARTIN SURVEY A/1015 MTP-IBM P• 9 9 IMP • • •. 1 VoL 388-21 , '';. . C BLOCK B LOT 4 tn igo...— v, al-- ‘ —1 )-1;- L5 iz r- C cr) " z C4 -- d‘ C2 a a ....,z I— LOT . .1 „,_ acres ,.,,R1-2 ....,... ? z q 51,u ,,,t31,„EI; • ,-- ,noo 0- :,-.• • , , i 4.1., 91 kfi' ..-u"itk•• ..r.-4-:%:-• gte... .s .,,,.,... Li • I - 1 Cl I eiSilt ii • ' .141744!1; SABRE GROUP CAMPUS 1, ". . LOTS 1-4, BLOCK 1 • _ ••• •• .... .4 r .f" •:• •IBURN. JR-. VI' (PROPOSED) 'II"!....... ............:cr.. LOT I • t";43, 3689 41;:o. •::,:i...z..,:,..11:: i, I. iPefFSAK3‘ 7A-13 , / R.O.W. ABANDONMENT MTP-IBM ADDITION NO. 1 VOL. 388-211, PG. 68 CITY OF SOUTHLAKE DENTON AND TARRANT CO., TEXAS CURVE TABLE CURVE DELTA RADIUS ARC CH BRNG LC Cl 24'19'16" 1419.50 602.55 S 7525'02" W 598.04 C2 24'19'16" 1550.50 658.16 N 7525'02" E 653.23 C3 90'00'00" 45.00 70.69 N 4234'40" E 63.64 C4 73'12127" 10.00 12.78 S 39'01'39" E 11.93 • LINE TABLE LINE BEARING DISTANCE L1 S 87 34'40" W 137.89' L2 S 63'15'25" W 32.25' L3 N 26'44'35" W 131.00' L4 N 63'15'25" E 32.25' L5 N 87'34'40" E 90.98' L6 S 0225'20" E 35.00' L7 S O0'09'22" E 131.53' L 7A-14 MARCH 2O00 Sht. 3 of 3 • Exhibit C PERMITTED EXCEPTIONS (6. 1. The rights of all existing utilities located in the Property. 2. Emergency Access Easement reserved by Grantor for the purpose of ingress, egress,access, and passage to and across the Property for emergency police,fire, ambulance and other public safety vehicles and personnel. This Emergency Access Easement is a private easement to be maintained by Grantee, its successors and assigns. This Emergency Access Easement is subject to Grantee's right to have access controls that are approved by the City of Southlake's Fire Marshal. This Emergency Access Easement terminates upon approval and installation of a permanent two-way access road from Kirkwood Boulevard to "old" T.W. King Road by the Texas Department of Transportation. 3. Drainage and Utility Easement reserved by Grantor within the Property for the installation, maintenance,and operation of water,sewer,electric,telephone,cable, gas,and other similar utilities and for the overland or underground transfer of storm water. The Property shall not have any permanent structures, fences, or other obstacles hindering (1) the safe transfer of water through the easement or(2) the installation, maintenance, and operation of utilities; provided, however, Grantee shall have the right to install such permanent structures on the surface as are reasonably necessary to achieve the access control approved by the City of Southlake's Fire Marshal, subject to the right of Grantor, its officers, agents, servants and employees to install, operate, and maintain utilities. L 7A-15 W:lSouthlakelDeedskSABRE.Quitclaim.wpd Ease 4 • • Exhibit C UTILITY COMPANY APPROVALS We,the undersigned, as duly authorized representatives of the respective utility companies,hereby express no objection to the abandonment of a portion of Kirkwood Boulevard as described on the attached exhibits. TXU ' Gas Tri-County Electric Cooperative,Inc. g"-4'( --Signed: . Signed: Printed Name: Dn+ty 1.14. _c/o IT)•I Printed Name: Title: (ITU_t n,/ 1E Sr L-.t I S .. Title: Date: 3-8-0O Date: GTE Central,Inc. Southwestern Bell Telephone Signed: Signed: Printed Name: Printed Name: Title: Title: Date: Date: Charter Communications Signed: Printed Name: Title: Date: L 7A-16 Exhibit C UTILITY COMPANY APPROVALS We,the undersigned,as duly authorized representatives of the respective utility companies,hereby express no objection to the abandonment of a portion of T.W King Road as described on the attached exhibits. TXU Electric/Gas Tri-County Electric Cooperative,Inc. Signed: Signed: Printed Name: Printed Name: T (). gig ton gegcli Title: Title: /)2144144Cat — Aleaffififsr A MkT Date: Date: 3-1-Zooc GTE Central,Inc. Southwestern Bell Telephone Signed: Signed: Printed Name: Printed Name: Title: Title: Date: Date: Charter Communications Signed: Printed Name: Title: Date: L 7A-17 Exhibit C UTILITY COMPANY APPROVALS We,the undersigned,as duly authorized representatives of the respective utility companies,hereby express no objection to the abandonment of a portion of T.W King Road as described on the attached exhibits. TXU Electric/Gas Tri-County Electric Cooperative,Inc. Signed: Signed: Printed Name: Printed Name: Title: Title: Date: Date: GTE Central,Inc. Southwestern Bell Telephone Signed: 64 4t, JJC� Signed: Printed Name: Joh Al I7,e5/et- • Printed Name: Title: 5/2 ./%' 1cLt' 6 j!(�J", Title: Date: 3- $- -2cte Date: Charter Communications Signed: Printed Name: Title: Date: L 7A-18 Exhibit C (lime UTILITY COMPANY APPROVALS We,the undersigned,as duly authorized representatives of the respective utility companies,hereby express no objection to the abandonment of a portion of T.W King Road as described on the attached exhibits. TXU Electric/Gas Tri-County Electric Cooperative,Inc. Signed: Signed: Printed Name: Printed Name: Title: Title: Date: Date: GTE Central,Inc. Southwestern Bell Telephone Signed: Signed: Printed Name: Printed Name: Title: Title: Date: Date: Charter C mmunications Signed:(Pr Printed Name: leti CIO M,c'Z-Ct 311.1,V! Title: 1i 4'1 COD✓dUr►G ' Date: 5 - f)1 00 (be 7A-19 Exhibit C UTILITY COMPANY APPROVALS (11br We,the undersigned,as duly authorized representatives of the respective utility companies,hereby express no objection to the abandonment of a portion of Kirkwood Boulevard as described on the attached exhibits. TXU Electric/Gas Tri-County Electric Cooperative,Inc. Signed: Signed: Printed Name: Printed Name: Title: Title: Date: Date: GTE Central,Inc. Southwester ell TeJphone Signed: Signed: v ( G /J'�a'+-6avAl Printed Name: Printed Name: XI L/t1IA �e cr Title: Title: friat-n-43—) Date: Date: 73/.2 7/vz) Charter Communications Signed: Printed Name: Title: Date: L 7A-20 • i "RIME' Per$11$1. L i.A•.1 a•41: Le 17---\'' , .7,.:: • NMI \ __ •Y.a -.. I .`„ 1 I •I-}iiftf • ...�.. t: ..�� ..�..�..�..._..�..� —..�.._.._.._.__..L..— °@TTON TbuNT7 Q I ' < ruw.0 w ... �TADIXI 717 t%OtTTT-' -�.--',...Y L i � w, n- •Iwnrw r %• - + A.OIEN A •/ CI . �` u.aJ1 `: IAGN ;-�r, ` w w I b . �� . -4 i i AG , 41"7 '1�r1 �1� (,• •-fftlf :'PANKCILUB j %FJ �t o NR—PUD" ! ?7,,,. ; "°"a""° j YTP-1HM PHASE II&ICJV lin (kw .. , .... • ii I' 7,. M T P ‹.-. •'' I PlASa , 3. 400110 •11 • t � ..,� ii in 400 7.1"." 1R—PUD • l I �J I le ! MTP-IBM`l/ ,JV/Of MTP-�M I j . PHASE a a In,Jv i,. ire I I �` INTiANAtiONALi • auewiysiiltldMlEsi J • I MT IBM PHASE II a M.JVt Y i IRK �r• ` K f P� 4TP-ISM PHASE a a m:•JV • % Ij I ,ffff 2 I ° i NA "R—PUD" N zcoT i •• .� . sill4004 MTP-1BM PHASE 11 t:Ill.At ®.Y j Y. • � `1 1 kw .. ......... , .... MTP-18M PHASE II&III.J1 - .� .._;f . il; :::�"-� \ !I sEs _ ADJACENT OWNERS .. r� AND ZONING 1<<�� 7A-21 City of Southlake, Texas STAFF REPORT April 14, 2000 CASE NO: ZA 00-028 PROJECT: Site Plan- Block 23, Southlake Town Square, Phase 3, State 1 STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Site Plan on property legally described as a portion of Tract 2A situated in the Richard Eads Survey, Abstract No. 481, and being a revision of the previously approved Block 18 of Southlake Town Square Addition, and being a total of approximately 3.5 acres. PURPOSE: Site Plan approval is required prior to issuance of a building permit. LOCATION: On the north side of East Southlake Boulevard (F. M. 1709) approximately 1900' east of North Carroll Avenue. OWNER: Carol Jean Peterka APPLICANT: Cooper & Stebbins, L. P. CURRENT ZONING: "NR-PUD" Non-Residential Planned Unit Development District with "C-3" General Commercial District uses LAND USE CATEGORY: Mixed Use NO. NOTICES SENT: Twelve (12) RESPONSES: One (1) response was received from within the 200' notification area: • Dave Ewan, 205 Miron Drive, Southlake, Texas, opposed. "The traffic on 1709 is already horrible. We have problems as is getting from Miron Drive onto 1709. You already have too many shopping centers." (Received April 6, 2000.) P&Z ACTION: April 6, 2000; Approved(5-1) subject to Site Plan Review Summary No. 2, dated March 31, 2000, deleting Item #1 allowing articulation as shown; deleting Item #2 allowing landscaping as shown on the colored rendering with the south side being consistent with Town Square; the west side being a streetscape consistent with Town Square; the east will be Type 'A' as recommended; and the north being a streetscape consistent with Town Square. STAFF COMMENTS: Attached is Site Plan Review Summary No. 2, dated March 31, 2000. (kr N:\Community Development\WP-FILES\MEMO\2000cases\00-028SP.doc I 4 Tract Map fhhe ZA00-028 Wu I)WQUlw 1 N , , H - I 1 l i11 \ I4!___E. p 1 s ST 1 I 1 wi __ i k ILTb� 9'4 1 II , - (1-{- _(��Q LL-io ICI F �S i I I I I \ J ---- 1 MAIM I j �- I �r- ,\ \ I SII�121� �- __J \ I\ I iII I A ` u u ►u333W I E �- p • � an a I ., 4 (I7 - ---- -���►����linillinink _'I a* Tufgreapor U t 4* 110101L8 L-L,_ • k vii•WA‘..1,---41111114, I--- H ,c,v LA P/kbb.M1 A �47,M u�� NI el:' oil�i l 2000 0 2000 Feet N \lee.W / � E (by 1C-Z Surrounding Property Owners kW ZA00-028 ----.... . EL _ s,11¢ 1 miThilill CIVIC 3 2 MAIN I 1 4 it iu SOUTHLAKE 9 $ 7 6 10 L (ther Property Owner Zoning Land Use Designation Acreage 1. C.Peterka 1. "NR-PUD" 1. Mixed Use 1. 31.54 acres 2. C.Peterka 2. "NR-PUD" 2. Mixed Use 2. 8.00 acres 3. The Shamrock Pipeline Corp 3. "C-3" 3. Retail Commercial 3. 1.00 acres 4. First Secruity Bank,NA 4. "C-3" 4. Retail Commercial 4. 4.69 acres 5. 98 HM Southlake,LP 5. "C-3" 5. Retail Commercial 5. 2.27 acres 6. G.Miron 6. "C-2" 6. Office Commercial 6. 0.51 acres 7. Z&E Land LLC 7. "C-2" 7. Office Commercial 7. 1.03 acres 8. P. Bruton 8. "S-P-2" 8. Office Commercial 8. 1.00 acres 9. D.Ewan 9. "0-1" 9. Office Commercial 9. 1.52 acres 10.Texas Health Resources,Inc. 10."S-P-2" 10.Office Commercial 10. 12.62 acres L N:\Community Development\WP-FILES\NOTICE\2000 Exhibits\00028SP.doc 1 C-3 • • CONCEPT PLAN - for Proposed Non—Residential P.U.D. District Sol uthiake, Tarrant County, Texas L . . October 14, 1996 ......„ \ • woo AG ,C1.1 -- -- SURVEY •-695 . ` IXED USE RICH RD EADS �� • - NM WOO L.x[ 1 NCk / SUP Y ...St ' V �5 sr AG OP ql 1. F MIXED USE ' MIXED >> /'�. 000 USE ' AG .-, • 6UR9EY !-1. CITY CS O N :9 saT�F�1 A_LL/ Z. _ s x .. 20 O —....L.I..'\ Z.I. ?CI / _=x —M 1-•—� J1 AG s. 5 'tbV' •� \ / \\N. MIXED O.�x -'.— v1 � O t \ USE /6- ' AG cjL �N�T�y` m .. O �' (�"' MIXEDW. Sg U .�1001.110.aornax -- i74. .... J. USEY> s 0 \\ . $ N0S " MIXED Lit.r."-.< ©_. USE p ��\� _ SOU,,..,,,I.001„Ox rV S y•J • O J/•„ - -E=i=~ `� ••u;, L.L. ••- '( `� i••^VILLAGE CENTER .. :. / '.J./ ,`/ / I PHASE 2 l//TV..--- AGO 1 1- \ \�_ XED Q Ir. �• C3 I . 665.e ]A h w a .�:, -,7 ' USE r - z-- AG r •I..r..•.. I i_„,_i L—.. // MIXED USE • 771 (11110 3e, ,, a•. J01u Ps� 'i/x. m �: f1; �' J7E [ j1-.'1 ' t 110�_—_ 1.. �l i' - -• ii�i-.+.-sir.�i� .-. .-. - --.-- 3.1 . 3C 36 \ . L 0 .13 Ili .y 1.M k MEDIUM OENsliyMEDIUM SP2 P v`� _,. -set 1IC2 0 \\\` s y •c RESIDENT IAL DENSITY »6.c GO :.. 00-6'.. p 1 15.e .. E51OENt1. f 01 XI50.p3iKrw 1` APPROVED CONCEPT PI-AN`� '�) __ 11I SOUTHLAKE COMMONS I MIXED USE 5PZ ..---- x, .BO-6T J 15 • •Or.0•Iy.•I ` A / 00.lxO LOOM rn:,. - B1- i,`:g.,........,:0.9...K.•. cs Cw r.n.M,.Iu • MIXED USE 3..M. 6'I011.. '0.-1 PP/3 /N6 SrP SIN"r•II.,...•Mari fW/.n:.•w.•f. Ilwl /0 Srle SINK, ..n ... ...... .�....... I•.l• .111111.11.1. • y.••I,r •Iy.•• µ •IiOO�IDI rrr, �`q..0..,• ••Nifl,y Mwlw[ .::: p[[.. 9i ,<a�.atv`�il•l •rlxlxW•rc•OI - - • .Epf,,.b.,,.�`.�, I! .• •�K..{{``Ii U1'0 /56S '4.5^..•W ee '''• 0.5 59K3 IEOUIr[0 0 0•C"C5 �6�I` /:I I. ...A• .mkt.,NIO. 1...1 ON. 51 M..[5 MI.,M COIwON OMx'J.C[ ,9.ZZ.CMS • _I{ or 4u•• f./ K I. n.w - - .. �y••M•.r/••r. 900010[0 ✓.101 1•:;`•(1i• I C+w:Imy 000(0* Urn 100t-1.01•IOOH LOr 9�1I,iMa..:iTil- 01 ..1.0.4.1 o[.L.r•/CO I s.. 9.x r,'"""'' C9YER.0 Ms..C69[9•r[.M Y49,x.T gis'a,.ir2 .e' .. .0.,Mr0/ I rlJtL,'j' .4S,�1"..�.�I'•qa 5...+M.co, so. ./n .00 9[xC[xuu CO NUM.u 9 �e. r T Ii�Oh •a`:� IK n r r" MLC.M. LPCS IMa i•;f. �E;I1��Or . .II y Y. vny u,u fI II•H.. - •. .D IO[J 9�.. r VICINITY MAP ;;'V,01.;�, """`"5MG SOUTHLAKE TOWN CENTER RIALTO DEVELOPMENT • ux c.n•ol,rrrr: M.•eLLx.nnC.OTu ,xc C. ,15IUM•15511 YR,90-.f„O.115171 .TR,K CONCEPT PLAN Casd� ux9 u9c.m•Kn: .11rnKs.6,Ic 6m 1 I • PREVIOUSLY APPROVED CONCEPT PLAN L /C,q RED DEC 0 91996 r r r .. .. • DOOM M Ef a n aas Ta-a1i.Pe. 12u-O.R.T.C-T. ■i`.�yo`Te = • SOUTHLAKE CARR1 JEAN PETEARA ra.art..PC. 213.O.R.r.c.r. I1�mm_ z-T, LORNE a.BEM Va.ItSa.PC.ails.O.R.T.C.T. - �R i. __ ^•. TOWN SQUARE Ldbll[Y.•[CR T0..MH.PC.2113.O.R.T.C.i. fy,;),-. � SWIK AXE.IX TESL IE Y.RIJN.N TEL.DM.PC-120•.O.R.T.C.T. LES.IE Y.FL a.puN VOL.Y4D•PC,2110.D.R.T.C.T. ._ ,A ®',- OYTER3 AOOPESYS. ��• f. CIO COOPER u0 STEDa1,6.L.P. t .=O''' .l�'1g},i' 1I I / / II21 C.SOWN-AM R1p..Y IW .1 /�% LE_ CLIENT: • SWT.EARE.TC[AS T1 251 MIT/IiPDNO �! C u aw II • f•i MITI i31•Dflr i _� � +� wuft on 2.0,Y.Y _.. • I Ti LRm.cv AW',.1�Nine WO • 2 � u\ r ..-�"�-f n....._ LT-^='-1 -�` ARCHITECT OF LOT 30,a001 1 f L VICINITY MAP SOUTNVLEY RIAU 2 I A.C.C.WWI Is 3 "• RECORD:, OWILA ...I,.u..a.. • I.'.®nOl ....L 8 gym. ' / SITE DATA ...,Rom nos . Nv..... 8 Ib. / C16it AKA I.ral.Ra Lr./21.W AC. T. .� L.Y.D."STREET ID3.632 a.r./ 0.•T AC. OI/NBY LANE !?!'• I LOW / L.Y.D..MIXED USE 1.s1s.AS.1 a.r./aL.aya K. DESIGN WRY r TV EXIST.ZONING. NIPIo ARCHITECT:qY L02T�1.'ROOT S •• I TN ru.a \ - OPEN SPACE .2T>Z SWIM ICY PRISE i I vR Tr 131.n f L..I.e.,wo •211UM/G MEM OM.ii•s.r. •c wwwi yr I(I .tCO(s GROSS noon AKA. ,.0 u•I.f...... ....,...,... . I, +••Lv ® v ....L aIT[mr[1NaE as.a • mN w..� ••• i ID 1LLa.NEIM OF 1L.DOa, 32•• �.�e — CI I I F v IY IO[ R a STORM OPfl¢.KTAIL a 11E3tAOIMIr ENGINEER: r•..n...."_'^ rlsr a32.aa• `¢r / STRUCTURAL CCC ® / mama or MR.apwl • LOT 2.ROCR 3 fIDQI T b WI •• M (� '!AtJ PAKIK SPAS KO I PRUE 1 1 I.eY SPACES we[.TI la SWAN In PIWC 2 f �' PARROG SPACES PROV•0. 1 PI SE 1 1 2.002 SPACES ,u.uI«uR-.r •r. --. I �',tm= I. / O • EXCEPT PROPOSED MT IV,.PROJECTED TO DE 3 1/2 w. a ,IVa.n�.of 1 ® 3TOR1E3 Ar A NEICM TO DE OETERYIVO. CIVILyY—.. I ® \/ /�97L�Ts�C�� \ ENG INFERI�IL DETER.VOTES. _.1 I.II�.III,.JnI S 1.1 RELY I la aOCDa[O 10 I[aIN IMI 'll �111Sf "i` \ El '�� ®v S[PTESO[R Of IDDI AW sC COfILRD �u rur�..«'uu EOLLE FOR Ile rutuE nLLs[s uxr<Ta eEo[ruYlraTRAFF I C 1 a `. vAT TNI'T11E.. ,I� �' © nna(a ` a`p,..�� \0.\. ` ENGINEERING:...•. w.ur.auu .1 ` (.. .1 ` G .".f L2.1 PLOY YILL IMaYDE ALL su11 JI ...,n,nm uuPIP �1 \1 �•. ` �/ F 3NwN moss RroD:o. nl oTlEn^ V m \ �Zi ✓ C\ DYILDIV03s•OOLQLDESIW11NLL' I 1 c \ ` �` ' e. DEaYSIm[OrMsIT[RANKnna nl n \ ���: ^ \tC " `\ ' Ar•TUTUTICAVO.EN DATE. ENGIN1 2��' j. \\ \ � p r�r n 'h� 8 !.1 ALL PAroENr su.L SE AsnYEr ENGINEERNI It GUTTER. \� �� `\ / \T \ \„ ` h S.1 WILD INCS SASAIO 2A APR ICIOLL ITE CO'PANEDD. - .,n.•erLY e.[ I -- '', ,`�Y W III O \\\\\\ _ /'.` Igs. _ \\``�\I'I"�\ :r' .. TO B[CONSTTRYICO SIYpLTNEWiT. RN MINA.IIW. ru.n�uurlw L.V.e.. 1 ...� A Tr -s • —.,,,,._`\I =E11 I••-.`......c.: '\.v..•\\V.:" ` NT TER SA NAT sE COm"RwTEO FIRE PROTECT ION `�"\\\\\•• r �m�-••WV LILT) I=�� al EARLIER IF CI Kuetw¢S OCLAT ENGINEER I NG: Y .- » •= ` \ \.\, . TIE CONSTRUCTION Of TA. DOOM wKanM ula ,.,v.f :I - I1` a 11,N �% pi LOPERCOOPASTELP.I% ..:o�'a1 �. i. �."�".1'1 CONTRACTOR: M1vtw1°_--. _ 1 . 15 _t '*_ AMMO• GRAHA•TOON VT ill1,Ell L : ":1:7 PM III 1.0 III Lern,• 201.13. _ Y3!ii•0 1 •• ..�- ^� Ci 1.-,W., ALL.O.Iv — moo,,,, Ir • ..a•NAn DRIVEWAY /r'_ rRAff IC 314uL3 "'•" •••LYnR TO EVE INSTALLED L.. ...lo DEVELOPMENT PLAN «_ sr..-e i ...« , SOUTHLAKE TOWN SQUARE TWIN WI men 11.u•iLunlm.ouwT Iv.11.5. A 41.045 ACRE TRACT OF LAD IN THE OEVELOPLENT PLAN RICHARD FADS SURVEY. ABST. NO 481 - CITY OF SOUTHLAKE • TARRANT COUNTY. TEXAS ...,... • 9 9 PREVIOUSLY APPROVED DEVELOPMENT PLAN S p U T H L A K F TOWN SQJARE ,. April 5, 2000 Mr. Charlie Thomas Deputy Director-Engineering Services City of Southlake 1950 E. Continental Southlake,TX 76092 Fax: 817-421-5782 • Re: Block 23, Southlake Town Square, Phase III, Stage I ZA-00-028 Dear Charlie: We hereby respectfully request the City's assistance in handling off-site drainage through Block 23. In conjunction with our site plan submittal (ZA-00-028), and as we discussed in our meeting of March 22nd, we have discovered a headwall condition in the FM 1709 right- of-way that, as best we can determine, is collecting storm water from the FM 1709 (ler' improvements and from private property improvements south of(i.e., across) FM1709, and draining them across Block 23. Our current grading & utility plan before the City takes all drainage into account and routes the water through our property and downstream to State Highway 114. We would request equitable City (and other owners, as appropriate) participation for the off-site water carried through the proposed design. Alternatively, we request that the excess off-site drainage be diverted through drainage channels in the FM1709 right-of-way. We appreciate the City's consideration of this matter. Sincerely, WI on- Vice Presi. - t-Development cc: Ron Harper Dennis Killough RE CD P Brian Stebbins 0 1 2000 Frank Bliss (ow A Development By COOPER& STEBBINS 1256 MAIN STREET, SUITE 240, SOUTHLAKE, TExAS 76092 TELEPHONE (817) 329-5566 FAx (817) 251-8717 COOPER & STEBBINS Cooper&Stebbins,LP,1256 Main Street,Suite 240 Southlake,Texas 76092 Telephone(817)329-8400 Facsimile (817)251-8717 March 23, 2000 Mr. Dennis Killough Senior Planner 1721 E. Southlake Blvd., Suite 100 Southlake, TX 76092 Re: Site Plan Review No. One Dated 3-13-00 Case No. ZA-00-028 Block 23, Southlake Town Square, Phase 3, Stage I Dear Dennis: (lbw Please find attached our formal submittal of Block 23, Southlake Town Square, Phase 3, Stage I. I believe we have addressed all your comments with the following exceptions. (Listed and numbered from your Site Plan Review Summary). 3.) The Concept Plan showed a sixty seven-foot (67') right-of-way for Summit Ave., which was intended to allow for on-street parking. This right-of-way would consist of a 25' roadway, two sides of angled parking at 18' each and a six-foot sidewalk. We have provided on-street parking along Summit Avenue consistent with the existing street parking in Southlake Town Square. To allow greater stacking on FM 1709, we have removed one space thereby allowing 52'-0" from the FM 1709 right-of- way and 73'-0" from the curb. This is consistent with the stacking at the intersection with State Street and Grand Avenue, which presents the same conditions. 4.) We have provided the 5'-0" Type "A" bufferyard along the east boundary of the property as requested and a 20'-0" bufferyard on the south property line adjacent to FM 1709. The 1709 bufferyard is shown to be consistent with the bufferyard already established in the NRPUD (regular spacing of burr oaks). The NRPUD does not require bufferyards along interior streets. However, we have provided a 7'-6" planted area between the street curb and our parking along the south side of the common access (iwof easement of Block 23. The streetscape on the north side of the common access easement will be addressed in conjunction with the development of Block 22. �C-7 L 5.a) We are currently in negotiations with Diamond Shamrock for an easement across or outright purchase of their 20' strip of property along our eastern property line. We understand that acquisition of the rights to cross their line a condition to issuance of necessary permits and to development of this property. Trail System Comments We request approval of the 8' sidewalk as shown along FM 1709 for the required trail, to tie into and be consistent with the FM 1709 sidewalk which runs along Phase I of Southlake Town Square. Fire Lane Comments 1.2 We will address the required turnaround in our construction documents prior to filing for a building permit. Tree Preservation We have included on the Site Plan an overlay of the tree survey submitted with the approved Concept Plan for Block 23. (Ow Please do not hesitate to contact myself or Frank Bliss should you have any questions regarding this information. Sincerely, ff J Vice Pres Development cc: Frank Bliss Brian Stebbins Kevin Moran David Smith File —le '$ • - City of Southlake, Texas SITE PLAN REVIEW SUMMARY Case No.: ZA 00-028 Review No: Two Date of Review: 3/31/00 Project Name: Site Plan—Block 23, Southlake Town Square Phase 3, Stage 1, Richard Eads Survey, Abstract No. 481, APPLICANT: ARCHITECT: Cooper&Stebbins, L.P. Beck Architechture 1256 Main Street, Suite 240 Southlake,TX. 76092 Phone:(817) 329-8400 Phone: (214) 522-8494 Fax: (817)251-8717 Attn: Brian R. Stebbins Fax: (214) 522-8537 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 03/23/00 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT DENNIS KILLOUGH AT(817)481-5581,EXT.787. General Development Standards Applies Comments Corridor Overlay Regulations Y Residential Adjacency N No residential properties are within 400' of this phase Building Articulation Y See Comment No. 1 Masonry Standards Y Complies Impervious Coverage N Not applicable Bufferyards Y See Comment No. 2 Interior Landscape Y Landscape Plan is subject to City Council Approval Driveways Y See Comment No. 3 1. The proposed north and south building elevations do not comply with horizontal or vertical articulation requirements. The maximum permitted wall length is 72' and the total wall length proposed is 79'. There are no vertical or horizontal off-sets meeting the requirements. The east and west facades are each 60' in length with no off-sets. (Variance requested) (P& Z Action 4/6/00: delete allowing as proposed) 2. A 5' type 'A' bufferyard is required along the east and on both sides of the proposed Block 22& 23 line. A 20' type '0' bufferyard is required along the south adjacent to F.M. 1709. Provide a bufferyard calculation chart on the plan and show and label each bufferyard.(Variance requested) (P&Z Action 4/6/00, delete allowing landscaping as shown on the colored rendering with the south side being consistent with Town Square; the west side being a streetscape consistent with Town (11 , Square; the east will be Type 'A'as recommended; and the north being a streetscape consistent with Town Square) 1C.-41 • City of Southlake, Texas 3. A letter of permission and a Common Access Easement from the owner of the 20' strip of land along the east is required prior to construction of the driveways crossing this area. 4. Show, label, and dimension all fire lines. Fire lanes are subject to Fire Marshal approval. * All lighting must comply with the Lighting Ordinance. * Since no development is occurring on the north portion of the site and the previously approved Concept Plan and Preliminary Plat addressed issues on this area and since a revised Preliminary Plat is being processed on the area to the north,which allows the City to address issues affecting this area,the Zoning Administrator has waived the development plan requirement. * A development plan approval may be required prior to site plan approval for future development. A Revised Site Plan approval will be required prior to issuance of a building permit for buildings 23B &23C. * No review of proposed signs is intended with this site plan.A separate building permit is required prior to construction of any signs. * It appears that this property lies within the 65 'LDN D/FW Regional Airport Overlay Zone and will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. * A developer's agreement is required prior to any construction permits for public infrastructure. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans,must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee,Perimeter Street Fee,Water& Sewer Impact and Tap Fees,and related Permit Fees. * A letter of permission from the adjacent property owner(s)on the east must be obtained prior to issuance of a building permit for the construction of the off-site pavement and a permit from TxDOT must be obtained prior to any curb cut along F.M. 1709. * Please be aware that any change of tenant/owners with a request for a new C.O. will require that all parking areas meet the "all weather surface" and parking requirements in the zoning ordinance and all fire lanes shall be per the Fire Department's requirements. * Denotes Informational Comment L:\COMDEV\WP-FILES\REV\#SPLAN-1.WPD C IC-to • City of Southlake, Texas TREE PRESERVATION ANALYSIS -(Non-Residential Development) Case:00-028 Date of Review: 3 —09 - 00 Number of Pages: 1 Project Name: Block 23, Southlake Town Square(Site Plan) OWNER\DEVELOPER PREPARED BY: Cooper& Stebbins ' 1256 Main Street Southlake,TX 76092 Phone: (817) 329-6400 Phone: Fax: Fax: THIS ANALYSIS IS PREPARED AT THE TIME OF REVIEW OF THE ABOVE REFERENCED PROJECT AND IS TO PROVIDE AN ANALYSIS OF THE PLAN OR SURVEY AND THE IMPACT OF CONSTRUCTION ON ANY PROTECTED TREES ON THE SITE. FOR ANY QUESTIONS OR CLARIFICATION CONTACT KEITH MARTIN, LANDSCAPE ADMINISTRATOR AT (817)481- 5581 EXT. 848. TREE PRESERVATION COMMENTS: 1. The submitted Tree Survey does not meet the requirements of the Tree Preservation Ordinance 585-B. The proposed construction is not shown on the Tree Survey. Please reference Schedule B, of the Tree preservation ordinance 585-B for the requirements regarding the submittal of the required Tree Survey. 2. A significant amount of the existing American Elms on the developing site and within the Common Open Space Area to the West have declined within the past year. The trees are now inhabited by pathogens and should be removed and destroyed in a proper manor to reduce the spread of the pathogens to remaining healthy trees. I am currently in discussion with the Texas Forest Service about the identification of a Longhorn Bore beetle larva removed from on of the American Elms on the site. 3. The trees on the site are primarily made up of American Elm, Cedar Elm, Post Oaks and Honey Locust and Bois d' Arc. I did not notice any Mesquite and Hackberry on the site although I am sure there are some intermingled within the area. There are a considerable amount of small Cedar Elm that are perfect for transplanting size. 4. There is a possibility that a small clump of American Elms existing somewhere between Building 23A and the East property line can be preserved. BUILDING INSPECTIONS "1C-(( City of Southlake, Texas * All requirements and regulations of the Tree Preservation Ordinance 585-A, apply to the entirety - of this lot. Please be aware of the penalties of not applying the tree preservation protection methods required by the Tree Preservation Ordinance 585-A. BUILDING INSPECTIONS . (11111114 1111114 . . 11111111111, . • SOU . lOC•TTa, w1nN s MI EwN IS A" T•C2/14 .net Vat s PARKIN wu EE•r11kr nr1K v00c. Lail! 7 l',`� • TOWNT5011ARE 1N 7Ka mat , aow sopanas oars ants ma ALL stamm•s woo.EE comm. r•. ( r, 1 . - • nrtt ••tr' •••- aa1' t S �/ MbE 1.1 00 1T Va.00t E 1 M474 M4000 YE 011 A MINDEN . 'J 1' ova � __ - - 7O•T1t*E. 7i . sr a0'Ma 0' N7• )r 17 , fi NOW = ■� . ��I"�4.�'+ sr ;r MOT REW[Aara r,r0 !1 • ik,I..'wri '� CL ..".TwwY. • ' ALL 01KK10K ARE TO il., d1..A_„ as mu uwr ' ' • SLOTS 11E rra a CURS REM I:rii A• ID1���.i I ."., I.M. N (' r.I wn[�reeamn�ir Ar24.2SVI A124.2R•4t' .�'"h '��1�aA�" I.,".w, R.f00.00' R•IOO.0C•• . t.2r.»' T-21.77• .aw u WERE - , ARCHITECT OF • 1•t• S'•s.7e ' VICINITY MAP NECORO . ' • • • Iw INI.aYY Op.a. ra.IIw w.w rrN r►w E +T I I.I.I.LI. SITE LIGHTING SYMBOL LEGEND on... w.:. I OEOaIUPo[way num-LEI TEE• �.�_��_�_ ' 0 - 1E•i'Klan DESIGN 1 /- EAST .,SO ARCHITECT: ( ;1 �` ' � • 9y ��.S/L� . .o saw ter niT1a<•IAI/r• r `r'�in1w r.Ntl... • w 99I •■i ` ` L► Kiw • I tlMaa 1ANr/I4Mi 1 71'•0'KtaIT •wr«Krr.•• • II. ■.45..g.. ' ,ra nsurfrfaU.Y24ha w` i-, 1Wi[IK tOt FUME•tA,I 040 0 }�+• vr' I T O°' 1*was LAW rl•EM 1 14.0•KIO,I STRUCTURAL ,s• __ •''�;t �, imp` ENGINEER • r S— �."' _ ' `!1l7.l�'l1..1.l� 'U = wv' I al.� I I la rrwal 1 . JJ R•ER� 'lT1tl ■ 1 T rill.;)J I r �r�.w,'r:..: it'rnl�lr� � nla t. CIVIL I i-___ - le•_ 1O ! I EEU11K zoNIK. K Ito RLaUtc Si y- p ,T',y R 1 I I r`��a 1..11.0.EMS r`R`s1xEn 1M a/S.F.. .1 0.411 AC. ENGINEER OrETR►AEI »s• q Q . 1 " •1 2 I C Y 1.V.0.-w[tl0 USE 10 171 S.F./2.057 AC. nc rn 100 ' .. — . ::i li :iii 1 .i �, . I I r /a7� 1 ,,,J • 1 7 ';' I. . � • ,.wpr rrr ' •r SITE COI . AREA xws.E TRAFFIC y' SITE COKNri 11 6t 1 II Li - ' ,.rs.a ea1aE1.v woNEs ENGINEERING: • . / Lilian� �. -- NrrINUN a0t.K11NIr Jr _ r=....... OK / .4/EM M•EY/ErC[N1tlE u.w r1h1i011r rNG 101111 rrar Y..ulr • �11ea GI �`^ N/E/P 1f : Y. 7: ` w+ 1 �`.- ■ . ' n~MD � .ie• r: xwl ENGINEER �� - .` \\\ ` • �A' � _\�• _ AMU.lrl _ S.Ooo 7.10Y w ft...r �� \\� �'`M\ \ �r� a� W Y Kuu v.1a u.11t ""'w w • W \` , \ "` \\ 7 \�\ `,\,1., N-1 ' ( . ,...„ Ka1lK0 1Y1 w/4ua •7K tEr �I rr • �� \ 1 :.• nart0eo rrIK RKnn n 110 1sa FIRE ENBL ENGINEERING: J _ aarl4aa 1601K 7PrCa EII C mu A�•1 K. .i �. I wNYLL • • ,1 • GENERAL •-.. 1I G.., r •, 447.21• --. - R { 1.1 a WNW*r*Mw Wwfa VAC'S a MIAMI 0Pi • OW • \-fie` •• `-.. W'MT OLf.• CONTRACTOR: . .��, t.l Wan rrarw IS rlaaT/D YINIr WO?UT d arCN tl ... v am.rw.• SAWN AN OWNED NINON IA M w0. Pre . • v••emit. w•O. r rr.KIWI. I • 3.1 Mt r/nas KiONa,1a AIMI M IrlrLL • .I.....EMS,N • ;wowCYI Mat IN raao.YCE rnN rK EN PLO. M'w .K1.w lA C1 a011b a OW r t4C Mt a r.00 TO 1[r0 '.�"~ 1 • 1 1 1 1 1 •---I r11/:Krw rrw101r1. It. . i . SOUTHLAKE BLVD.. (F.M. 1709) • u , tl,H • 1130'1.0.11.1 • i ..._._� . —, �— —� -� I ,� _, �aliTal/aYaMOKY ... • i . I 1. i . t 1 i 1 . r ... "---4. i r—"— • . ..........=......... 4411 K...,1 MOM I Let•rm I I • LW•am I • I • µ1 I .v am, -RAR 2 R Lra Ia yr w.Orb 1.•,I u.f. r P...I OM My. • PI. Wit•I,rwa....a, 6Tr • asr w • . ,�Et a. a,. Z' �d' rr` SITE PLAN • • .i r • v PHASE 3 STAGE 1 r • �'' BLOCK 23 ••..r w . • ' SOUTHLAKE TOWN SQUARE• .... .a �N11 . ' A 3.510 ACRE TRACT OF LAND IN THE SITE FLAN • RICHARO EAOS SURVEY. ASST. NO 481 • ' CITY OF SOUTHLAKE • TARRANT COUNTY. TEXAS ......, CASE N0.2A 00.0211 ' , 909E 1 x RA• L Cr 9‘A 7nnn fill% fillik rillk • • • • a� .t t, SOUTHLAKE 1. ,... .I� ,`i TONN SO(MRE • - P,.; Iwa CLIENT: 1• i..�R C1-6. . PUT M1AIg1iR • • b2P20V1 b2.•2071 • Ep��Il' r.- • ...run.�.n ' R.100:00• R-100.00• ,i,, -��h1.:1.T1 . • i•2f.7P 'i.21.a1• �nr •rro _ ,•� • wr•. .ARCHITECT OF • L-•a.as L.42.75. '•�° •in VICINITY. MAP RECORD: 1/i i i ',,ss ".• `�kk�P fiiii/i.-., rf i - I s mr:.iir•w IEOEND' m oirw. . r,i ` .'� /���/ i i!„ .,.,- `• '1_ T • :la.:77..w w s''gwwo • � a4IIMI CITii r-._.__ �_�-� r 1EII 4* 1' • + me malwr 'ARCHIOESI�7IECT: p 'r.=- '�1ir�'••-',,'UO�� 11 �-. MUM fa71Q irle,..•�N.w.P.C. • IIH n T:INAltLI� itiiiYr:�ai.V tvr�7 it(4 11��1• r��{ AlC �w.r.r.. S r '�u, a , ,C�1,�A,,���'3[� Z�►$c.cu _ i r���� i 1 .. .•r••. alyr e Pill .I 1 r ► � ,� ��r! ��! � h • • STRUCTURAL' . 9 '' i 11w Y'IIIc 11tA��, �1►�ni 1j(E tqft �'�NI 6, 1 w .:.-� . • 1 Ai I� 1 I ° �\I 1;2 A: 'I1II II • CIVIL 1 11y�C_ mama.•nua K ! BLOC[SI' 1 •p !► 1 ::a ,�.�— • � •i.�' ,is �h."�� ,' Z./ 'ul.a•r•! ' i .61.rYr. r sr.w.Mang.K .ter♦ ... F.:.1 , IW‘i '�]] �r.ni...i�:• ��' V, `� 1.Q T1�\ ►d`.rlif ���� �����' N/E/P -\`� ` r ffffffOi��lr�� •• N� n ENGINEER: la•l•Pla•lac r r.•.ww • a� a1�:�1Li.I ,,_ .ate �, ��� "'�. ilia;A • FIRE PROTECT IO8. N 11 F - s��- —o., .�,. ��I f! L_ fir, • �� f�A>�.��"� !1,� � �\�I n,i�. GENERAL .r e I I I I r.• w-.r• SOU,' ALAKF1' BLVD., F.M. 1709) %�;.}- • — al-04. fIf - • � 2'K9tc§'f lS,a`3 ffi --iG7 PoR1flCy • . rn la• �-- X- i3 ' ' Zy_T 3 ` J � s . . / a ,.......„.„....,„..... - • eV a`.Imes I ` r.�iu•liniw I w a•MCP n I C4 1 IM un• � Z� . w o.•.••rr•.irlr • q Iw..POW • r e .MU PP mr .. • - • v �r� X GRADING S UTILITY PLAN • ✓' PHASE 3— STAGE. 1 • r I' . BLOCK 23 - SOUTHLAKE TOWN SQUARE •- r-•r1r Scan IAN - A 3.510 ACRE TRACT OF LAND IN THE GRADING O • • RICNAIIO EAOS SURVEY. ABST. N0 401 UTILITY PLAN • • CITY OF SOUTHLAKE • - TARRANT COUNTY. TEXAS .... • • CASE N0. TA 00-02S • • • I 0P 1 ((OD MAR 28 2000 . i I I• 1 (114 , (111111k C •i i •.ia- • 80UTNLAKE i(r y •f,S TONN SQUARE 11_2. 1 Ay,."f..,j CLIENT: U+ Y'J1 MfiE Jy I 14•• .MAY. sold N• `` i 1521:iklU- .) • ... u.�rE..�Rt. ARCHITECT OF VICINITY' MAP RECORD: hL_ 1 OM MYIM NMI P ot 0.1•11111.051. OESBIGN • �P .. ` --- i ARCHITECT: _ AA _••• ..eMSI.. iwMn re .f A`+f.4�vC9 Wi.r.:in - is alyy . dark P t Ala • 11 -G Is �` '1 -- �X... PLANTINGS SYMBOL LEGEND STRUCTURAL ► 1 sir �j I • y ENGINEER: /C=. (1) �iµ 1111111,011 0 �� (4: �� O ].S•NM.fJL1.G SMELT IRE IM M'W'0.ANI[R CIVIL=w 'iW I{r YMIYn11Y _ ( 0 1.6•MW.GAMMA MAIKIM LOT,RE • j0 — A9 I I ENGINEER: ammo v. ashilif-fea, • W"I° \ O. •+6' AP I M.ranom-aus I SITE LIGHTING SYMBOL IEGEIW w •• •, ���' tli_� I�__f IiI IS I M pE�gYTIR STR[,FISSURE- MN• TRAFF`yfENGINEERING: 1 /O \\ ' ' i as 1M•4•MID., wi..�•rg" w p R.r nr.. ri \ 1 NM LOI MIMIWE- AM.-0.[o d Ib s4 119: i I NMI L.r COMM i x o MID, ,r.�•�iv..0...:77. + o0o MAYIM Lot rWTOR-LM rNt 0 NENGINEER:r y � IMAM LAMP MIANR I]O'-.•MUM rrIM } ,,,),, Is▪m 119•11•14.11•0 • .• �� „�;"` �I I I FIRE PROTECTION `` \f.,,. ENGINEERING: \\ x I • MATERIALS ABBREVIATTWB LEGEND MY m4"UM W. 1r-• AP UMW MYIM M/COC.CUM E OMIIER GENERAL '-.- .A \-- CONTRACTOR:Y Pa •••• C COMER.IOEMALs mo.e.M M“101..M. • II EAST SOUTHLAKE BLVD. O fi't; wn — ----'------'----_—_`.---------'------J R. - 0.MITM M ONWO CMw /".* • Yu. Y4.. r - Ii I MOIENItwari moms n I•. ••� i I t i 1 I 1 M1 —?I 1 T—••- WYYI.� IMM.rI�'E11Y MN'^ I I 1 1 rl.MM �K RyM M1O 4 SO •il =itit el • LANDSCAPE PLAN PHASE 3 - STAGE I BLOCK 23 Orr ft. Cl SOUTHLAKE TOWN SQUARE Mt. A 3.518 ACRE TRACT OF LAND IN THE 517E PLAN RICHARD CADS SURVEY. ASST. NO 451 CITY OF SOUTHLAKE TARRANT COUNTY. TEXAS ...... - CASE NO. 2A 00-02S • 1OF 9 • i RECD MAR 12 3 2000 • r .mIN elk , . . . . . .. ,, ,,....0,,,..-0..„,./' , „ I II.- -mititursft+attom ........... , s , . --tti - , —t- - i --n' ! ",..","`F'''' „! .--, ! .—-- • ,-._;:_—, • , ....,,. ;it iiiiii• 141 ....„, 111 NM Li. ------- au ma 1 MUM ........i...... a. a. Eta IBM .1 NORTH ELEVATION suisktr-tur WEST ELEVATION ... ICALLUIP44, ra \ . .c... . 1H1i tafert-w, a,ij,mum- i m . . . __________________ 1.1 i n is r.1 IV ' i n i n a n i * .------.. -----. ..-----, Aiwa. "-41111 IR .4111. 41110. I a 111 nen al stio /-', - Rs KM me NM I MI= I ill SOUTH ELEVATION EAST ELEVATION SCALIMANO4P geMillsir441. • NON BANK1ONE SOUTHLAXE, TEXAS Mak Mgt 2$-{f IN MOW MEW Wit 1 104101111011 4,100 14 Fr MNIONNMMINOk. moron & riturphy arahltiosto. Ina AllaiMaINIUMIMIRICOMMA1000 01•1111M1101 .10011.1*11~1,11011 PIMMII wen MAD 9'I 9nnn City of Southlake, Texas STAFF REPORT (irt April 14, 2000 CASE NO: ZA 00-029 PROJECT: Revised Preliminary Plat- Blocks 22 & 23, Southlake Town Square STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Revised Preliminary Plat on property legally described as a portion of Tract 2A situated in the Richard Eads Survey, Abstract No. 481, and being a revision of the previously approved Block 18 of Southlake Town Square Addition, and being a total of approximately 12.4 acres. PURPOSE: Revise a previously approved single block into two blocks. Preliminary Plat approval is required prior to Final Plat approval. LOCATION: On the north side of East Southlake Boulevard (F. M. 1709) approximately 1900' east of North Carroll Avenue. OWNER: Carol Jean Peterka APPLICANT: Cooper & Stebbins, L. P. 1(0, CURRENT ZONING: "NR-PUD" Non-Residential Planned Unit Development District with "C-3" General Commercial District uses LAND USE CATEGORY: Mixed Use NO. NOTICES SENT: Twelve (12) RESPONSES: Two (2) responses were received from within the 200' notification area: • Gary Miron, 1695 E. Southlake Boulevard, Southlake, TX, in favor. (Received March 29, 2000.) • Dave Ewan, 205 Miron Drive, Southlake, Texas, opposed. "The traffic on 1709 is already horrible. We have trouble getting out on 1709 as is. Another shopping mall will not help. We already have enough shopping as is." (Received April 6, 2000.) P&Z ACTION: April 6, 2000; Approved(6-0) subject to Plat Review Summary No. 2,dated March 31, 2000. STAFF COMMENTS: Attached is Plat Review Summary No. 2, dated March 31, 2000. N:\Community Development\WP-FILES\MEMO\2000cases\00-029PP.doc IC Tract Map ZA00-029 0 N 1• V1�ILbvvoni' _ F _RAINT E N m i iamiNirkit, —_. rktLiN O i -< z- mu:14 / __Rail I ► z Rims :1■.%� - 1 mot: , - _ MITI tromv.":11.7: J 6 _ r...les unuatTaia r_____\--' : --muipp,441 'planimmilp ►IMP 1111 - - Militlill• ) e \ ., J. ., _ps i ...-- -.mu NVIII.A.Parektir ri tow x ---, /440tim - 41111* 1 • _ 1111111 F(Di�`ll�_��i� so Ns!A 1%,yamiv i F- gyp, /�. w� ■-�;ate�� a is,r si,�.�, rrrrr�,�%- t i 2000 0 2000 Feet N W / E S 10-2 Surrounding Property Owners 4) ZA00-029 1H '1i 3 114 15 4 111111 , civic -2-11127 7 6 vfAIN g s 9 `nill p ' 1 14 131211 S I 4i0Pr j . ...... � _ Property Owner Zoning Land Use Description Acreage 1. L. Berk 1. "AG" 1. Office Commercial 1. 4.02 acres 2. L. Berk 2. "AG" 2. Office Commercial 2. 1.62 acres I 3. L. Berk 3. "AG" 3. Office Commercial 3. 8.29 acres 4. State of Texas 4. "C-3" 4. Retail Commercial 4. 2.41 acres 5. State of Texas 5. "C-3" 5. Retail Commercial 5. 3.12 acres 6. Home Depot USA,Inc. 6. "C-3" 6. Retail Commercial 6. 11.52 acres 7. The Shamrock Pipeline Corp 7. "C-3" 7. Retail Commercial 7. 1.00 acres 8. First Secruity Bank,NA 8. "C-3" 8. Retail Commercial 8. 4.69 acres 9. 98 HM Southlake,LP 9. "C-3" 9. Retail Commercial 9. 2.27 acres 10.G. Miron 10."C-2" 10.Office Commercial 10. 0.51 acres 11.Z&E Land LLC 11. "C-2" 11.Office Commercial 11. 1.03 acres 12.P. Bruton 12. "S-P-2" 12.Office Commercial 12. 1.00 acres 13.D.Ewan 13."0-1" 13.Office Commercial 13. 1.52 acres 14.Texas Health Resources,Inc. 14."S-P-2" 14. Office Commercial 14. 12.62 acres 15.C. Peterka 15. "NR-PUD" 15.Mixed Use 15. 31.54 acres I ' N:\Community Development\WP-FILES\NOTICE\2000 Exhibits\00029RPP.doc ..? p-3 ( 4 ( . 1 ulAEO ArWa eQ� /\ USE _ �. `�\......k..3......,�\:. 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In43.. ��. 1`... 0 ;/I L 1 .. ,,r_r.._.,,,.r......r_r- Ltal , 313.1113...111.331. a �R•-�i-s IMai/40 ' 0 . ,•,'`q.}:''':?,. 1333E`L➢[1➢euW'r TYOYLaww:�r..u»� _.._...._..". AA. il ,..7:17-741"rtla 11'; ' I\Pil- ''••,--.'..:;‘,.... .4/ ''''•••/' ss".`„, .411......„.•:s.,„. ,4„.„,,,,..., KT le= 11.13 K. er.cte se. 111.1.1 IC • LYQ 1M / .....-,1--,:::..,:,,,---:„ /.. \ ` a L :'k� O J/ _ isM // % �b•'L. ```' ``�.%'`` ~►� ` `` \F.'+r. >.v.L,,CM MALL �ul.,• N»ea.no n L M r..rrrU. iS�:; ,t- ! e➢MCC so Y ' F/l. T�J �P�H•.A S E`S` ...�. • »...... ,r J J e, i' s. �.r.r 1• I j ... . `.g4 /' .,....L • N ice' �... ; may) ��a I i ""tv.'L`� ,! / / �•' ' ; ; , e 1�• •..Ii III • ', / • r i' 0 6 s• 1 OM I 4.3. �% 0 4, ' •�'' ' Ng ........ ` / ' Q[[..'� '' fit.. j 1i I Yy, D ;�' ,0, A ..r. ala /■.1E1 ��"c ;�r i i STREET •lee aa..l ' � ;/ ;' Z' ; 1 W 131,...E .. • c an �' y ; -- - .. I. Fs a---' ' ;`�. Ilin E•M 1 ,.' —,.. •f i E 1 1 •�1 � IIs x �a i - p` :kill � .` �1a`" `.LG.- A6 ' • \L' A.: • ST_, k ' . l- •1 I : 1 .,,7 p L.yy STRUT-. (OW ROM.) X� Orw-rw i If`exx` n O7 2: O 4i ' I s o r.a . rn .: i ' I "� 1 1 I 9 0 0 C II O 1 ��Intl p a.Lln >j'?�, i i ; • ' C I .,,,•„ PREL IAII NARY PLAT �'�{ r.M.` 1 � y'H� C ; -.w 1 1 9 i II .ffi�`T::-SOUTHLAKE TOWN SQUARE `� Sr2,' � 1� LM14 M '33•M• __.J _ G •• 'r•�.•.-� F " A 176.e61 ACRE TRACT OF LAND IN THE CD ,I =�0 1 1 '.'(Q Fa➢.) F= _ _ s,E- • •�9"S[' ➢°',g• —�` flICNARO CADS SURVEY.AeST.NO ON j ? - �� 1— 7.' 4 (,') L __—__I — N �� ; AAA y. F rl y CITY OF SOUTHLAKE CL I` cy�➢1 l� F Nu40 TARRANT BOUNTY. TEXAS I Q ) ! 5 i • i ,• ..1 I _ alai :.� F_ _ ! CIN 1� O r ...o....,`CASE W.'.Li r33.:.m..»..,r.� P�: ., :.I TI ll ern '• _� „r _ ,, "--`•1'-"—'1 c"__-- _ 1 .r 11111 COOPER AND ST®BINS LP. • A•.r:rr.ar i�y. _'�"g&_-_--_-_�- D .00W_iR_OY 1 p _ el" '�' r —_ _.___..._ 'r worm • . _ SELr1 - L - `es• ► A.NAN• ®CY�1 • — nvauwiwti �TG Bo YIM�,' —' ._!9S_ _ PREVIOUSLY APPROVED PRELIMINARY PLAT COOPER & STEBBINS Cooper&Stebbins,L.P.,1256 Main Street,Suite 240 Southlake,Texas 76092 Telephone(817)329-8400 Facsimile (817)251-8717 March 23, 2000 Mr. Dennis Killough Senior Planner 1721 E. Southlake Blvd., Suite 100 Southlake, TX 76092 Re: Site Plan Review No. One Dated 3-13-00 Case No. ZA-00-028 Block 23, Southlake Town Square, Phase 3, Stage I Dear Dennis: kifr Please find attached our formal submittal of Block 23, Southlake Town Square, Phase 3, Stage I. I believe we have addressed all your comments with the following exceptions. (Listed and numbered from your Site Plan Review Summary). 3.) The Concept Plan showed a sixty seven-foot (67') right-of-way for Summit Ave., which was intended to allow for on-street parking. This right-of-way would consist of a 25' roadway, two sides of angled parking at 18' each and a six-foot sidewalk. We have provided on-street parking along Summit Avenue consistent with the existing street parking in Southlake Town Square. To allow greater stacking on FM 1709, we have removed one space thereby allowing 52'-0" from the FM 1709 right-of- way and 73'-0" from the curb. This is consistent with the stacking at the intersection with State Street and Grand Avenue, which presents the same conditions. 4.) We have provided the 5'-0" Type "A" bufferyard along the east boundary of the property as requested and a 20'-0" bufferyard on the south property line adjacent to FM 1709. The 1709 bufferyard is shown to be consistent with the bufferyard already established in the NRPUD (regular spacing of burr oaks). The NRPUD does not require bufferyards along interior streets. However, we have provided a 7'-6" planted area between the street curb and our parking along the south side of the common access easement of Block 23. The streetscape on the north side of the common access easement will be addressed in conjunction with the development of Block 22. CD MAR Z 4 Z@00 5.a) We are currently in negotiations with Diamond Shamrock for an easement across or outright purchase of their 20' strip of property along our eastern property line. We understand that acquisition of the rights to cross their line a condition to issuance of necessary permits and to development of this property. Trail System Comments We request approval of the 8' sidewalk as shown along FM 1709 for the required trail, to tie into and be consistent with the FM 1709 sidewalk which runs along Phase I of Southlake Town Square. Fire Lane Comments 1.2 We will address the required turnaround in our construction documents prior to filing for a building permit. Tree Preservation We have included on the Site Plan an overlay of the tree survey submitted with the approved Concept Plan for Block 23. Please do not hesitate to contact myself or Frank Bliss should you have any questions regarding this information. Sincerely, ff J Vice Pres -Development cc: Frank Bliss Brian Stebbins Kevin Moran David Smith File I I City of Southlake, Texas PLAT REVIEW SUMMARY Case No: ZA 00-029 Review No: Two Date of Review: 3/31/00 Project Name: Revised Preliminary Plat - Blocks 22 &23, Southlake Town Square,being 128.9 acres out of the Richard Eads Survey, Abstract No 481 APPLICANT: SURVEYOR: Cooper& Stebbins, L.P. Graham Associates, Inc. 1256 Main Street, Suite 240 616 Six Flags Drive, Suite 400 Phone: (817) 329-8400 Phone: (817) 640-8535 Fax:(817) 251-8717Attn: Brian R. Stebbins Fax: (817) 251-8717 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 03/23/00 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT DENNIS KILOUGH AT(817)481-5581,EXT. 787. 1. If pedestrian access easement is needed for the 8' trail, it should be increased to 10' in width to allow adequate room for construction within the easement. 2. Blocks/Lots must be numbered in consecutive order. There does not appear to be a Block 20 or 21 within the previous plat. 3. Provide recording for Common Access Easement across the Diamond Shamrock property. * It appears this property lies within the 65 'LDN D/FW Regional Airport Overlay Zone, requiring construction standards in compliance with the Airport Compatible Land Use Zoning Ordinance No. 479. Additionally, the Avigation Easement and Release shown in Appendix 3 of the Subdivision Ordinance No. 483 should be executed on subsequent Plats to be filed in the County Plat Records. * A Developers Agreement is required prior to construction of any public infrastructure. The Developer's Agreement for this addition should consider streets, drainage, park dedication requirements and fees, off-site sewer extensions, off-site drainage and utility easements and impact fees. Final Plat must be approved prior to approval of the Developer Agreement. * Denotes Informational Comment N:\COMMUNITY DEVELOPMENT\WP-FILES\REV\2000\00-029RPP2.DOC Page 1 1 0-7 ( ( • �;�.� ` ,/ *la - LEGAL'ASCRIPTION _ �.,`x 1� • ...• `` •i•JSn 9Q OEM.9 901 acre ems aim.rooted is u.Rids.Ea.Surrey.ALnun Nu..I.WIN ••,..,,..„ 4 y t W Cur ol S.A...Twue Cooly,Tull w6 MuE•9wuue eft 5J.0:91 use uw U.LIB • \\\�::.,,�� •- cowry.m Cud well?Parka u rood.4 Vo4nw 1216.Ise.595,Lune W.U.u • 61 ey wdad m Vol x•9199.n.1713•l Vduw 9M9.nee 11I S W Leilie W KM...ux N " :@ !r// it. t..,m Vtxwn 9199, •,•1291.1 Vol me Poe 1n9 D.•l R•.waw.1.mad �\`\\.y -T Y 1� Cony.Teri..Sul 9 90)*ovum Mule Awe puutululr aunt..by meur uric bows.. �I��� N. N. \. SS 1 50• folsxs. 11/ • �'`� I Lu of SowN.6e Owwle.uJ-iM t1A ��. \ - I110 RBI ),M•ww i4.vJry ciIvet. 6. 0 `��4,_\ IS'ROW),Mlq llu.wbeu<orm dwa 5f 0191 e<I.ueu.M p<�n,Iwcn400h1'IL' • ,0 \ al .IJ Nwu IY)955'We43a 00 fe.GonWuulnnu.uu<w of wl WcMwu '6' ... 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MIxEO u9E M1xE0 USE WOT 1 NUMBER O LOTS: 27 BLOCK, GROSS ACREAGE, 9.901 AC. 128.1.4 AC. NCI ACREAGE'. 9.907 AC. 103.382 AT:. 0 YL0L9I 22 �. II » AS,IC IPA IEO COWLET1OM 04TE'. •. •• • 0' 298.392 S.F. I I • nn�pawl vs. - . / • APPROVE' 5.150 A • 15.5I1 ACRES IS ZONED C-3. DIE PEMAINOER IS SR POO. wP0 'U.11.: NIxf0 uh •I!i •• FULL eU1L0 WI IS v1x1h C1E0 TO Rf 5 i0 90 rE1..i. II �� L MnlN�srlleel II� .1+ 0a.1x.Of1•95Mw1 pf: 0I A' • �r•a O Nilwnnm6• . I y J CAROL JEAN PErEW A Va.8516. PO. 595. D R f.C.1 y n -_ u c . Su fl LINN.w OEC'x OL.9)99. PG. 1213. O.R.I.C.r. • j 1�11 Q r/ VOL.9849. PG. 1215. 0.11.1.0.1. 93 (J I O [Y24.29'.1' I LESLIE S.xL INC.. YOL.9399. p 1200, O.P.T.C.I. 1 wl fl•11.71. Iwl + 00.r c.T. Y0..90.9. Pus 12f0. O.P.I.C�I. 0 I L.21.)•' • Iw»u'txA Rr.CO O m .1e,1 uc[99 2:L--, ALL 01fNER5 A00RES`#9:Ir / C/O COOPER C STEBBINS. L.P. J• ,1 ASf 1250 MAIN ST.. SUITE 2E� �> 1 I! SWTYRAxE, TE AS I8092 101II,3.9-e•00 1WN/ �.EA51 319 50' =?C74 r' .uuL �n[xr E'AR xte171 251-8)11 (-I1InaE 1.) <w 1--r 1'" _ 1' i vREVIm W ONLY nL'u 5 ONMtx.OPEN spxcE NMAxRaw omen( ill e rM[T••27$ I u 0 »1uO us[ �., �AIIC 00 �LOCJE RR u0.00' I i.tw1. R•omo+il)4 133.V•S.F. 1•zf.>1' f ` 2 0 2000 • 1.05)AC. L. 75' P PRELIMINARY PLAT al O i' •^ L zoxEo' YNPW [-�`�' Iloci C3 wrif9 P.r.aw BLOCKS 22 6 23 (� u.D.: Mu¢'us5 9 e „ma _ S O U T H L A°K.rE9i�TOWN Y SQUARE ll`J1I Ufa"` . -. /1 e•xofs,.u,n.r u•aw -'6.c.-1 1 CITY OF So LlutF ic UJ _ I I I N TARRANT cower. TExAi "7 ,,J 2 BLOCR9 --- N 119•'19'S5' 447.21' l�B-'•_-- 11[1.•xr 9r rx pr [o Rax I. • NT OF J..w„.•o7b*._s_p-.71) y°OUTHLAKE DLVD. 2.M. 1709�_ M°"i_ 1` EG1INNING I M 0. a�9EYE.'PEP •.A.ants.9w. -.1 ---- 9R9N1 1 COOPERL.P. --...------ -'I II - / 1 f.._- -T SCALE:1'-100• AND STEBBINS, � .. f J •1 I' Etr�- 00.r9104 1 1 1�11M. 1 1 Q 1 GAM A. 1TE L .+.9 �1. .,,,,�a:.e . .00 i n 10°)x"::" I •"`0 `;"i i ''. .N.T.0.1. " i a ¢ Graham Associates.hc. El@f1LTK.EMITIFEPIS C 11..A4.C36 YR 4YJ A001T10R OMR".MO Y1p1 W R4 A1T1W w11161uL w[ui Intl ISM ca nn • YOL J -E04• NI 1• VOL , can 4 •L •. R C J100 Pd. 1• 1CS 1 I• T. T. P.0 T.C.T. I.R.T.C.T. J • _- - CASE ___ .. CASE J wI0 I I I u City of Southlake, Texas MEMORANDUM April 14, 2000 To: Billy Campbell, City Manager From: Charlie Thomas, City Engineer, extension 814 Subject: Walgreen's (W.R. Eaves No. 500 Addition, Lots 5 & 6) Revised Developer's Agreement Action Requested: Authorize the Mayor to execute a revised developer's agreement for Walgreen's (W.R. Eaves No. 500 Addition, Lots 5 & 6). Background Information: On February 1, 2000, the City Council of the City of Southlake approved a developer's agreement for the development of the Walgreen's site at the southwest corner of Peytonville Avenue and FM 1709, which required the developer to construct a deceleration lane (right turn lane) for eastbound traffic on FM 1709 at the intersection of Peytonville Avenue. The City of Southlake is presently preparing construction plans for the reconstruction and widening of the Peytonville Avenue intersection at FM 1709. This construction will include the relocation of the traffic signal poles. During the review by the Texas Department of Transportation (TxDOT) for the deceleration lane submitted by the developer and the intersection improvements submitted by the City of Southlake, TxDOT determined that they would not approve the construction of the deceleration lane separate from the intersection improvements. The relocation of the traffic signal poles is included in the widening of Peytonville Avenue and is essential to the construction of the deceleration lane; therefore, TxDOT requires that the deceleration lane be constructed in the same project as the widening of Peytonville Avenue. The City can include the construction of the deceleration lane in the City's project to widen Peytonville Avenue. Construction is planned to begin on this project in May 2000. L 10A-1 The developer is requesting that they be allowed to put up a letter of Qcredit in the amount of $65,041.50 (the amount that the City's design engineers, HNTB, has estimated to be Walgreen's cost of the deceleration lane) now and then when the City receives the bids, cash in the letter of credit and pay the City of Southlake the money. This will actually simplify the construction of the intersection improvements and the deceleration lane to have them in the same contract being constructed by the same contractor. Financial Considerations: The developer will still pay for the cost of the deceleration lane even though it is in the City's contract. Citizen Input/ Board Review: None. Legal Review: This revised developer's agreement is the City's standard agreement, originally drafted by the City Attorney. Alternatives: Approve it, deny it, or modify it. 110 Supporting Documents: Agreement Plat Exhibit Staff Recommendation: Please place on City Council Agenda for April 18, 2000 for Council consideration and approval. C arlie . Tho as City Engineer I I Li 111 10A-2 WALGREEN'S (W.R. EAVES NO. 500 ADDITION, LOTS 5 & 6) REVISED COMMERCIAL 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 Walgreen's (W.R. Eaves No. 500 Addition, Lots 5 & 6), hereinafter referred to as "Addition" to the City of Southlake, Tarrant County, Texas, 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 Addition (a commercial development) and to the off-site improvements necessary to support the Addition. 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. The Developer will present to the City either a cash escrow, Letter of Credit, performance bond or payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all the public facilities to be constructed by the Developer, and providing for payment to the City of such amounts, up to the total remaining amounts required for the completion of the Addition if the Developer fails to complete the work within two (2) years of the signing of this Agreement between the City and Developer. All bonds shall be issued by a Best-rated bonding company. All letters of credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. The value of the performance bond, letter of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Performance and payment bond, letter of credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to the City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. C. The Developer agrees to furnish to the City maintenance bonds, letter of credit or cash escrow amounting to 20% of the cost of construction of underground public utilities and 50% for the 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 Commercial Developer Agreement 1 1 0A-3 acceptance of the Addition. The maintenance bonds, letter 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. D. It is further agreed and understood by the parties hereto that upon acceptance by the City, title to all facilities and improvements mentioned hereinabove which are intended to be public facilities 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, the City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities for this provision and for the entire Agreement shall occur at such time that the City, through its City Manager or his duly appointed representative, provides Developer with a written acknowledgement that all facilities are complete, have been inspected and approved, and are being accepted by the City. E. On all public facilities included in this Agreement for which the 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 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 of 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; Commercial Developer Agreement 2 1 0A-4 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 c. Concrete cylinder tests and concrete coring samples. The City can delay connection of buildings 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 acceptance by the City. F. The Developer will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said Addition which have not been sold to third parties. After fifteen (15) days written notice, should the Developer fail in this responsibility, the City may contract for this service and bill the Developer for reasonable costs. Such amount shall become a lien upon all real property of the Addition so maintained by the City, and not previously conveyed to other third parties, 120 days after Developer has notice of costs. G. 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 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. H. 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 regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. Commercial Developer Agreement 3 1 0A-5 The Developer agrees to fully comply with the terms and conditions of all other applicable development regulations and ordinances of the City. J. The Developer agrees that the completed project will be constructed in conformance with the Development Site Plan, Construction Plans and other permits or regulatory authorizations granted by the City during the development review process. 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 released 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 purposes only, to individual lots during the construction of buildings, even though sanitary sewer service may not be available to the buildings. 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, released by the Director of Public Works, the City, and made part of the final plat as approved by the Planning and Zoning Commission. The Developer hereby agrees to fully comply with all EPA and TNRCC 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. Commercial Developer Agreement 4 10A-6 C. STREETS The street construction in the Addition will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the Director of Public Works. 1. The Developer will be responsible for: a) Installation and two year operation of street lights, which is payable to the City prior to final acceptance of the Addition; or an agreement with utility provider stating that no charge will be made for street lights for the two-year duration. b) Installation of all street signs designating the names of the streets inside the Addition, 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 based upon the Manual on Uniform Traffic Control Devices as prepared by the Developer's engineer by an engineering study or direction of 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. 2. 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 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. Commercial Developer Agreement 5 1 0A-7 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 has agreed 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. D. ON-SITE SANITARY SEWER FACILITIES The Developer hereby agrees to install sanitary sewage 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 released 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, engineering, permits and Impact Fees. In the event that certain sewer 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. E. 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 Addition. 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 affected areas. If the Developer does not remove the soil 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 contractor's expense. All fees owed to the City will be collected prior to acceptance of the Addition. Commercial Developer Agreement 6 1 0A-8 F. 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 accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty items such as walls, vegetation, signage, landscaping, street furniture, pond and lake improvements until such responsibility is turned over to a homeowners association. G. 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 understands 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 the City against all such claims and demands. H. START OF CONSTRUCTION Before the construction of the water, sewer, streets or drainage facilities can begin, the following must take place: 1. Approved payment and performance bonds must be submitted to the City in the name of the City prior to commencement of any work. 2. At least six (6) sets of construction plans to be stamped "Released for Construction" by the Director of Public Works must be submitted. 3. All fees required to be paid to the City. 4. Developer Agreement must be executed. Commercial Developer Agreement 7 1 0A-9 5. 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. 6. A Pre-Construction Meeting to be held with all Contractors, major Sub-Contractors, Utilities and appropriate Government Agencies. Ill. GENERAL PROVISIONS A. INDEMNIFICATION DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS), ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID IMPROVEMENT OR IMPROVEMENTS, AND SHALL FURTHER BE LIABLE FOR INJURY OR DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF DEVELOPER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES OR TRESPASSERS. DEVELOPER AGREES TO INDEMNIFY THE CITY, ITS OFFICERS AND EMPLOYEES FOR ANY DAMAGES, CLAIMS OR LIABILITIES ARISING FROM THE NEGLIGENT ACT OR OMISSION, OR OF THE CONCURRENT NEGLIGENT ACT OR OMISSION, OF THE CITY, ITS OFFICERS AND EMPLOYEES. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. Commercial Developer Agreement 8 10A-10 C. Approval by the Director of Public Works 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 Director of Public Works 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 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 judgements which may be incurred by or rendered against them or any of them in connection with herewith. D. This Agreement or any part herein, 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 or her 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 projects and to be qualified in all respects to bid on public projects and to be qualified in all respects to bid on public projects of a similar nature. In addition, the Developer, or Contractor shall furnish the payment and performance bonds in the name of the City prior to the commencement of any work hereunder and shall also furnish to the City a policy of general liability insurance. Commercial Developer Agreement 9 10A-11 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 period, the City may, at its election, draw down on the performance bond, letter of credit or other security provided by Developer and complete such work at Developer's 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. IV. OTHER ISSUES A. OFF-SITE ROADWAY IMPROVEMENTS The developer agrees to construct the deceleration lane fob oastbound traffic on F.M. 170Q to southbound South Poytonvill Avonuo. Tho City Council agroo 0 and tho 3% inspection fee fe.r the 6eestx4 Lrtlr,P--r4--t4Q-411- r ie The developer agrees to give a letter of credit to the City for the cost of the construction of the deceleration lane for the eastbound traffic on FM 1709 to southbound South Peytonville Avenue in the amount of $65,041.50. When bids are received by the City for the construction of the South Peytonville intersection which will include construction of the deceleration lane, the letter of credit will be cashed and money paid to the City. The City Council agrees that the 2% administration fee and the 3% inspectionfee£yfor the construction of the deceleration lane is waived. B. OFF-SITE SEWER The developer will construct approximately 1 ,017 feet of off-site sanitary sewer to serve the development. C. LANDSCAPING Developer agrees to construct the landscape entry feature on the southwest corner of F.M. 1709 and Peytonville pursuant to the design provided to Developer by HNTB on behalf of the City of Southlake. Commercial Developer Agreement 10 10A-12 D. PARK FEES The Developer agrees to pay the Park Fee of $800 per acre, in accordance with the Subdivision Ordinance No. 483-F, Section 7.0. There are approximately 3.609 acres in the Addition, which would bring the total cost of Park Fees to $ 2,887.20, which is recommended by the Park Board. E. TREE PRESERVATION ORDINANCE All construction activities shall meet the requirements of the Tree Preservation Ordinance No. 585-A. SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: By: Title: Address: STATE OF COUNTY OF On , before me, , Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (SEAL) Notary Public My commission expires: Commercial Developer Agreement 11 10A-13 CITY OF SOUTHLAKE, TEXAS By: Rick Stacy, Mayor ATTEST: Sandra LeGrand, City Secretary Date: Commercial Developer Agreement 12 10A-14 REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The Letter of Credit must have a duration of at least one year. 2. The Letter of Credit 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 Letter of Credit must be issued by a 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 Letter of Credit 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 Letters of Credit 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 Letter of Credit. 9. Expiring Letter of Credit must be replaced by substitute Letters of Credit at least 30 days prior to the expiration date on the Letter of Credit held by the City. Commercial Developer Agreement 13 10A-15 City of Southlake, Texas MEMORANDUM January 11, 2000 TO: Malcolm Jackson, Chief of Building Services FROM: Kevin Hugman, Director of Community Services SUBJECT: Park Dedication Requirements - W.R. Eaves No. 500 Addition, Lot 5 (Walgreen Pharmacy) At their January 10, 2000 meeting, the Parks and Recreation Board considered the park dedication requirements of the payment of fees in lieu of park land dedication for the W.R. Eaves No. 500 Addition, Lot 5 (Walgreen Pharmacy), a 3.609 acre non-residential development. The required land dedication for this development is 0.07 acres or $2,887.20 in fees in lieu of land dedication. Section 7.05(A)(1) of the City of Southlake Subdivision Ordinance states the following: "The City Council shall, upon recommendation by the Park Board, determine the applicability of a developer's payment of fees in lieu of the land dedication requirements of this section." ■ The Parks and Recreation Board approved that the park dedication requirements for this development be met through payment of fees in the amount of $2,887.20 in lieu of park land dedication. The Parks and Recreation Board voted 7-iwith Board member Kemp dissenting, to accept the payment of fees in lieu of park land dedication as meeting the park dedication requirements for this development. Mr. Kemp stated that his concern that the fees in lieu of land dedication are not substantial enough to promote park development within the City of Southlake. Please contact me if you have further questions. Please note also that Section 7.07 of the City of Southlake Subdivision Ordinance specifies that the recommended park dedication assessment by the Parks and Recreation Board is subject to the approval of the Planning and Zoning Commission and/or the City Council, and is dependent upon the number of dwelling units (residential) or developed acreage (non-residential). Therefore the above recommendation is subject to change dependent upon further review of a particular development or changes to the proposed development that affect the fee criteria, if any. KH Cc: Charlie Thomas, City Engineer Karen Gandy, Interim Planning Director 10A-16 . . r _ ... ( ______.____...........__. It I, '..1 . 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' .•'. 9 112,4/I Lot I : I 1' . i • i ti i 3 :r• Y I I APPROVED IlY INC PLANNING k Z0911910 CONIOISION• ,i1!:..71 I 2.2.111.A/111 1 11,1112i:1! 111,111 :• ; . ... . ' , I ,i 1 ,,1 r1 !:...... . • ..: .....\. tralr.3.271 ! ! \r ...Z....1Z. 1J13.70. ......; `•••••-NII.U•A.4:Lr.:::>••••••"3.- 'I ;•A tli• c 1 1 11 i ' "9•••••-• -9..• . II .."-:..7, ;II . _ • •••••••• ... r. i-....r.,c111.- ..., -1.1:131 ! %.1 • W •• :: ° 1 k ••t . .-P ill. . AAANOD• II•4 0'Y CO.-mot, ':" ....../k . 1 . - ••-• , 1. •f 9•!I 3 e•••• .• r..• II., •• AO, ; . keifrif•.••• CA....,7,1 *.•••"'"--"Iilir-.2.1: I ! )" i _ •. •• i.. ••.P.C ,/:1 . ;Ii• I I) • . ("1-t•-sentri-•?!.11-'. W.R. EAVES NO. 500 -lb., la ,.••••••••••• I : a. "I•''- - - .1 2114 •••••I as.,..orl I, i i''... I .. . , st 1 ADDITION ;3 lot? I ir I 1LASZJJ i 1, il I ? ..., I . 3.799 acres situated In the 1 ' ' • 1r I . I I W.R. EAVES SURVEY - ABSTRACT 500 0 • SOUTNLAKE, TARRANT COUNTY. TEXAS I •I 411.IA 5119374r* WO C ,-- ; . in 1 Case No. ZA 99-117 - ----. I'- : 1 I. •I :I I • . 11./A.,./ .; ••••••••• SF'.'REGO NOV • 3.....,.........,_ • ••••....•3.•.1-2}1, • 1 I .. tS.VI VA I Vi i I .. Lest= • ke.A,E I 1 1 i • 1,i I ...... ir. ....•9 Pp'I,-,.-c.f..1II.....,... ' ao•n. /.... ri.“” 'en•r.on•ll:3S••./.3, ...•.:•., ••••• /94:4 /F•••••••11/2 029-14•4 1..Ill:11-.0:: f,.. ill I:i•J1•2 •.1- - City of Southlake, Texas MEMORANDUM April 14, 2000 To: Billy Campbell, City Manager From: Charlie Thomas, City Engineer, extension 814 Subject: Carroll Meadows Addition - Developer's Agreement Action Requested: Authorize the Mayor to execute a residential developer's agreement for Carroll Meadows Addition. Background Information: The final plat for Carroll Meadows was approved by the Planning and Zoning Commission on March 9, 2000. The development consists of a cul-de-sac on the west side of North Carroll Avenue, 1,000 feet south of Dove Street with 10 lots. The developer's agreement is the City's standard residential developer's agreement covering the construction of public infrastructure. The developer is requesting that 20% of the lots be released for building permits after installation of water and sanitary sewer in lieu of the 10% that is in the standard agreement. This would allow that two lots would be released instead of one. There are two lots adjacent to North Carroll Avenue, which gives an all weather surface to access the lots. Financial Considerations: None. Citizen Input/ Board Review: The Park Board recommended a park fee in the amount of$15,000. Legal Review: This is the City's standard residential developer's agreement originally drafted by the City Attorney. Alternatives: Approve it, deny it, or modify it. 110 • 10B-1 I Supporting Documents: Agreement Plat Exhibit Staff Recommendation: Please place on City Council Agenda for April 18, 2000 for Council consideration and approval. /I 017 - �" Charlie J. Th. as City Engineer C 10B-2 CARROLL MEADOWS RESIDENTIAL 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 Cairoll Meadows, hereinafter referred to as the "Addition" to the City of Southlake, Tarrant County, Texas, 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 lots contained within the Addition 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. Since the Developer is prepared to develop the Addition as rapidly as possible and is desirous of selling lots to builders and having residential building activity begin as quickly as possible and the City is desirous of having the Addition completed as rapidly as possible, the City agrees to release gAs of the lots, , after installation of the water and sewer mains. Framing shall not commence until water quality is approved by the City and all appropriate Fire Code requirements are satisfied, and street signs with street names are in place. Temporary all-weather metal signs securely fastened in the ground are acceptable until permanent street signs are installed. The Developer recognizes that the remaining building permits or Certificates of Occupancy for residential dwellings will not be issued until the supporting public works infrastructure including permanent street signs with block numbers and regulatory signs within the Addition have been accepted by the City. This will serve as an incentive to the Developer to see that all remaining items are completed. Residential Developer Agreement 1 1OB-3 C. The Developer will present to the City either a cash escrow, Letters of Credit, performance bond or payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all of the facilities to be constructed by the Developer, and providing for payment to the City of such amounts, up to the total remaining amounts required for the completion of the Addition if the Developer fails to complete the work within two (2) years of the signing of this Agreement between the City and Developer. All bonds shall be issued by a Best-rated bonding company. All Letters of Credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. The value of the performance bond, Letters of Credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Each request for reduction or payment of escrow funds must be accompanied by lien release(s) executed by all subcontractors and/or suppliers prior to the release of escrow funds or reduction in value of the account. Performance and payment bond, Letters of Credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to the City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. 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, letters 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 Addition. 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 approved 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. Residential Developer Agreement 2 10B-4 E. Until the performance and payment bonds, Letters of Credit or cash escrow required in Paragraph C have been furnished as required, no approval of work on or in the Addition shall be given by City and no work shall be initiated on or in said Addition by Developer, save and except as provided above. F. It is further agreed and understood by the parties hereto that upon acceptance by the 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, the City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities shall occur at such time that the City, through its City Manager or his duly authorized representative, provides Developer with a written acknowledgement that all facilities are complete, have been inspected and approved and are being accepted by the City. G. 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 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 re-testing as a result of failed tests; Residential Developer Agreement 3 10B-5 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 c. Concrete cylinder tests and concrete coring samples. The City can delay connection of buildings 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 acceptance by the City. H. 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 Addition 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. 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 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. J. 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 regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. Residential Developer Agreement 4 10B-6 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 released 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 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, released by the Director of Public Works, and made part of the final plat as approved by the Planning and Zoning Commission. 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. Residential Developer Agreement 5 10B-7 D. STREETS 1. The street construction in the Addition shall conform to the requirements in accordance with plans and specifications to be prepared by the Developer's engineer and released by the Director of Public Works. Streets will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and released by the Director of Public Works. 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; or an agreement with utility provider stating that no charge will be made for street lights for the two-year duration. b. Installation of all street signs designating the names of the streets inside the Addition, 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 based upon the Manual of Uniform Traffic Control Devices as prepared by the Developer's engineer by an engineering study or direction 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 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 Residential Developer Agreement 6 1OB-8 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 released 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. In the event that certain sewer 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. 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 Addition. 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 by paid to the City prior to acceptance of the Addition. Residential Developer Agreement 7 1OB-9 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 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 the 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: 1. Approved payment and performance bonds must be submitted to the City in the name of the City prior to the commencement of any work. 2. At least six (6) sets of construction plans to be stamped "Released for Construction" by the Director of Public Works must be submitted. 3. All fees required to be paid to the City. 4. Developer Agreement must be executed. Residential Developer Agreement 8 10B-10 5. 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. 6. 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. III. GENERAL PROVISIONS A. INDEMNIFICATION DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS), ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID IMPROVEMENT OR IMPROVEMENTS, AND SHALL FURTHER BE LIABLE FOR INJURY OR DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF DEVELOPER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES, SAID INDEMNIFICATION TO REMAIN IN EFFECT UNTIL THE CITY ACCEPTS THE ADDITION. DEVELOPER AGREES TO INDEMNIFY THE CITY, ITS OFFICERS AND EMPLOYEES FOR ANY DAMAGES, CLAIMS OR LIABILITIES ARISING FROM THE NEGLIGENT ACT OR OMISSION, OR OF THE CONCURRENT NEGLIGENT ACT OR OMISSION, OF THE CITY, ITS OFFICERS AND EMPLOYEES. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. Residential Developer Agreement 9 10B-11 C. Approval by the Director of Public Works 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 Director of Public Works 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 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. D. This Agreement or any part herein, 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. Residential Developer Agreement 10 10B-12 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 period, the City may, at its election, draw on the performance bond, Letter of Credit, or other security provided by Developer and complete such work at Developer's 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 acknowledgement by the City of completion under Paragraph 1.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. H. Prior to final acceptance of the Addition, the Developer shall provide to the City three (3) copies of Record Drawings of the Addition, showing the facilities as actually constructed. Residential Developer Agreement 11 108-13 I. Such drawings will be stamped and signed by a registered professional civil engineer. In addition, the Developer shall provide electronic files showing the plan and profile of the sanitary sewer, storm drain, roadway and waterline; all lot lines, and tie in to the state Plane Coordinate System. IV. OTHER ISSUES A. OFF-SITE DRAINAGE B. OFF-SITE WATER C. PARK FEES The Developer agrees to pay the Park Fee of $1,500 per lot, in accordance with the Subdivision Ordinance No. 483-F, Section 7.0. There are approximately j0 lots in the Addition, which would bring the total cost of Park Fee to $15,000. The ~Palo-Board recommended that the City Council approve the $15,000 iR:Jteu Parkland dedication. D. TREE PRESERVATION ORDINANCE All construction activities shall meet the requirements of the Tree Preservation Ordinance No. 585-A. SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: By: Kosse Maykus, President Firm: K.M. Properties, Inc. Address: P.O. Box 92747 Southlake, Texas 76092 Residential Developer Agreement 12 1 OB-1 4 STATE OF COUNTY OF On , before me, , Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (SEAL) Notary Public My commission expires: L. CITY OF SOUTHLAKE, TEXAS By: Rick Stacy, Mayor ATTEST: Sandra LeGrand, City Secretary Date: Residential Developer Agreement 13 10B-15 REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The Letter of Credit must have a duration of at least one year. 2. The Letter of Credit 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 Letter of Credit must be issued by a 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 Letter of Credit must be issued by a bank that has a minimum capital ratio of six percent (6%), 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 Letter of Credit 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 Letter of Credit. 9. Expiring Letter of Credit must be replaced by substitute Letters of Credit at least 30 days prior to the expiration date on the Letter of Credit held by the City. Residential Developer Agreement 14 10B-16 City of Southlake, Texas MEMORANDUM February 15, 2000 TO: Charlie Thomas, City Engineer FROM: Kevin Hugman, Director of Community Services SUBJECT: Recommended Park Dedication Requirements - A.H. Chivers Survey Number 299, Tract 2E (Carroll Meadows Subdivision) At their February 14, 2000 meeting, the Parks and Recreation Board considered a recommendation to accept the payment of fees in lieu of parkland dedication as meeting the park dedication requirements for the A.H. Chivers Survey Number 299, Tract 2E (Carroll Meadows Subdivision), a ten (10) dwelling unit residential development. The required land dedication for this development is 0.25 acres or $15,000 in fees in lieu of land dedication. Section 7.05(A)(1) of the City of Southlake Subdivision Ordinance states the following: "The City Council shall, upon recommendation by the Park Board, determine the applicability of a developer's payment of fees in lieu of the land dedication requirements of this section." • The Parks and Recreation Board approved a recommendation to the City Council to approve that the park dedication requirements for this development be met through payment in the amount of S15,000 in lieu of parkland dedication. The Parks and Recreation Board voted 6-0 to approve a recommendation to accept the payment of fees in lieu of parkland dedication as meeting the park dedication requirements for this development. Please contact me if you have further questions. Please note also that Section 7.07 of the City of Southlake Subdivision Ordinance specifies that the recommended park dedication assessment by the Parks and Recreation Board is subject to the approval of the Planning and Zoning Commission and/or the City Council, and is dependent upon the number of dwelling units (residential) or developed acreage (non-residential). Therefore the above recommendation is subject to change dependent upon further review of a particular development or changes to the proposed development that affect the fee criteria, if any. KH CC: Malcolm Jackson. Chief of Building Services Karen Gandy, Interim Planning Director 10B-17 . . r (- Not•s: Dar'•�..Nfeal• �. --� __ 1. Ail co n.r let own rt bo"enitts.::o".1:614i9tilioo 3tOf.00T•• --- Irian I•. in a oordano wih Cityre d Ta' t 9 lawn•.•••Her salt i 2 d sera d a of d i to O•ad A M 5•bdi•i.iew Ord;w a new. Wow gm s.M•ailed co lVb�l9gcsrd rv.w, ,a n,.bd 2. 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Stated that a lot cornea"dad tho a•gl� oiviteion f r'fao nand re.shd Novel p on roprliy ratan Canty.Tans. rood sevyoo tweedOw growl ,Fat the p65 rcorr.arly mammas td,r en„y mode by n. IU Lott log"sHea..tw.R�aP13. Approved by The Plmnlnp 'T "P`"a n.1.Tro..l skr & Zoning Commissslon W.t•ra lvri Pr daning rtl/3117Uf1 Fort Worth TX 7KW rya Par• 1171 293-%04 Down- --'- - i•�AoMW W.44M Z^M-pi3 cm%Ai pmo�oo� Mama _ __ RED JAN 312000 6�Sank Lh.�L Swat.Sidle soo prat 5•e.rey - -= AREA SURVEYING, INC. Maw TX 7607e ____..__-sass .___._._...__.___-.__ M FFaed•CAW__!i._- -� • r.r .-.•w r..••r� WI 400-33f3 Dr.-__.- /eel at r t ..w!!' eer vi w ww • City of Southlake, Texas MEMORANDUM April 14, 2000 To: Billy Campbell, City Manager From: Ron Harper, Director of Public Works, extension 779 Subject: Interlocal Agreement with Keller Action Requested: Authorize the Mayor to enter into an interlocal agreement with the City of Keller to provide sanitary sewer service to Anchor Church. Background Information: Anchor Church is constructing a facility at the northwest corner of Randol Mill and Florence Road. The nearest sanitary sewer in Keller is approximately one-half mile to the west, whereas the nearest location in Southlake is approximately three hundred feet to the south. TRA has approved the diversion of this flow from the Denton Creek System to the Central System conditional on Keller and Southlake signing an interlocal agreement. The flows from the facility are minor and will have no adverse impact on the City of Southlake's system. Anchor Church will become a Southlake sewer customer to avoid any billing issues. • Financial Considerations: None - There will be no expense to the City. Citizen Input/ Board Review: None. Legal Review: The City Attorney has reviewed this Agreement and all comments have been included. Alternatives: The only alternative is to deny this, which would cause the Anchor Church to either expend additional funds or construct a septic system. Supporting Documents: Interlocal Agreement Map of Area 4 L 10C-1 Q Staff Recommendation: Staff recommends that Council approve this Interlocal Agreement. RJH/ts C 1OC-2 INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF SOUTHLAKE AND CITY OF KELLER FOR THE USE OF SANITARY SEWER COLLECTION FACILITIES The State of Texas § County of Tarrant § THIS AGREEMENT is made and entered into by and between the City of Southlake, Texas, a home rule municipal corporation, located in Tarrant County, Texas (hereinafter referred to as "Southlake"), the City of Keller, Texas, a home rule municipal corporation, located in Tarrant County, Texas (hereinafter referred to as"Keller"). WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Governments Code authorizes city governments under 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, utility services; and WHEREAS, the City of Keller does not currently have a sanitary sewer collector main located within Keller's Kirkwood Branch Drainage Basin(See Attachment A). WHEREAS, Southlake has an existing sanitary sewer collector main located along Randol Mill Road in the vicinity of Florence Road and within the Kirkwood Branch Drainage Basin; and WHEREAS, Keller has a proposed development known as Anchor Church that will be constructed at the corner of Randol Mill Road and Florence Road; and WHEREAS, the nearest point to service the Anchor Church with gravity sanitary sewer is the existing City of Southlake eight inch collector main on Randol Mill Road; and WHEREAS, the Anchor Church property lies on the natural drainage basin divide between the Central Regional Wastewater System (CRWS) and Denton Creek Wastewater System (DCWS); and WHEREAS, Section 3(a) of the Trinity River Authority of Texas - Denton Creek Regional Wastewater System Second Supplemental Contract (City of Keller) states that each contracting party shall be obligated to transport wastewater generated within the drainage basin of Denton Creek, except for reasonably small fringe areas which could be more cost effectively served by other means; and 10C-3 WHEREAS, it has been determined that the most cost effective method to transport wastewater discharge from the Anchor Church is through the existing City of 11,E Southlake collection system; and WHEREAS, the City of Keller submitted a request to the Trinity River Authority for approval to discharge the Anchor Church's wastewater into the Central Regional Wastewater WHEREAS, the City of Keller submitted a request to the Trinity River Authority for approval to discharge the Anchor Church's wastewater into the Central Regional Wastewater System (CRWS) instead of the Denton Creek Wastewater System (DCWS) until such time that a sanitary collection system to the DCWS and servicing the Anchor Church area is constructed; and WHEREAS, the Trinity River Authority considered and approved the City of Keller request to discharge the Anchor Church wastewater to the CRWS on February 1, 2000; and WHEREAS, the Anchor Church will produce a peak flow of 7,000 gallons per day and the peak time will be on Sundays and will have little affect on the City of Southlake's collection system or the CRWS; and WHEREAS, the City of Southlake has sufficient capacity in their collection main system to absorb the Anchor Church discharge and can provide this sanitary sewer service for that specific location in the City of Keller; and WHEREAS, Keller and Southlake mutually desire to be subject to the provision of the Interlocal Cooperation Act and other applicable statutes and contract pursuant thereto. NOW, THEREFORE, for the mutual consideration herein stated, Keller and Southlake agree as follows: 1 The Anchor Church will construct, at it's expense, an eight inch sanitary sewer line to a connect point in an existing City of Southlake sanitary sewer manhole located approximately 195 feet south of the center line intersection of Florence Road and Randol Mill Road. This sanitary sewer line will be constructed to meet the City of Southlake's sanitary sewer construction standards and will be turned over to the City of Southlake for operation and maintenance 2 The City of Keller agrees to collect a sanitary sewer impact fee for the Anchor Church Development equivalent to the City of Southlake's sanitary sewer impact fee at the time of building permit issuance and to remit the collected sanitary sewer impact fee to the City of Southlake. 10C-4 3 The City of Southlake shall directly bill the Anchor Church for sanitary sewer services rendered by the City of Southlake. 4 The laws of the State of Texas shall govern this agreement and any of its terms and provisions, as well as the rights and duties of the parties hereto. 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. 5 In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. 6 The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the parties hereto, and each party hereby 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. EXECUTED in multiple originals this the day of , 2000. CITY OF SOUTHLAKE Rick Stacy,Mayor ATTEST: City Secretary 10C-5 Subscribed and sworn to before me on this day of , 2000. Notary Public in and for the State of Texas My Commission Expires: Approved as to form and Legality: Attorney for the City of Southlake CITY OF KELLER Dave Phillips,Mayor ATTEST: City Secretary Subscribed and sworn to before me on this day of , 2000. Notary Public in and for the State of Texas My Commission Expires: Approved as to form and Legality: Attorney for the City of Keller 10C-6 Anchor Church Property ., P , . .„ <'. .' g __ .' . . Y� 1 r0• ',', s .i. , ,. es yI t # . . !1 r ` yea f Randoll Mill Ave. 1 l .z yii i.,.a�.a�,a' Ste;;pelf" _ k 7 ._-..s^�`' "We1t a (Ilar Y c -H •` 1t # 1 . 4 + 1 A' F$ lY^f_ �4 j i 3 f e Florence Rd. `�• N L... 10G7 ti City of Southlake, Texas MEMORANDUM April 12, 2000 TO: Billy Campbell, City Manager FROM: Karen P. Gandy, Interim Planning Director (ext. 743) SUBJECT: Authorize the Mayor to enter into a Lease Agreement with EPIPD — Crossroads Square, L.P. (Tom Thumb) Action Requested: City Council consideration of a Lease Agreement for reciprocal parking with EPIPD — Crossroads Square, L.P. (Tom Thumb). This agreement provides the following: • The Agreement shall be for forty (40) years, commencing on July 1, 2000 and terminating on the earlier of a) Tenant's abandonment of the Parking Areas or b) July 1, 2040. • Tenant shall pay rent to the City of Southlake in the amount of$10.00 per year, prepaid by the commencement of the lease; • Tenant shall construct (in grasscrete) 13 head-in and 5 parallel parking spaces on Bicentennial Park property adjacent to the tennis courts and west of Crossroads Square Shopping Center; • Tenant shall construct (in grasscrete) 8 head-in parking spaces North of Tom Thumb's building on city-owned property; • Maintenance and use of the Parking Areas shall be in strict compliance with the Charter, Ordinances, and Codes of the city of Southlake; • City ("Landlord") shall have unlimited use of the above-noted parking spaces for Bicentennial Park use; • Tenant shall bear responsibility and liability for concept, design, and computation in the preparation of construction plans and specification for the Parking Areas. Tenant shall only bear the cost of relocating and/or installing existing utilities affected by use and occupancy of the parking areas; • Tenant shall indemnify, hold harmless and defend the City and its agents against all claims or suits for property damage or loss and/or personal injury, including death, in connection with construction, maintenance, use, design or condition of the parking areas and shall maintain public liability insurance covering all public risks related to the proposed use and occupancy of public property in the amount of $100,000 per ibb-1 Billy Campbell, City Manager April 12, 2000 Page 2 p occurrence for property damage and $500,000 per occurrence for personal injury or death; • Assignment of this lease does not change the material terms of the lease. Tenant must first provide the name, address, and telephone number of the assignee to the Landlord; • Tenant shall be in default of lease by failing to comply with any of its provisions within thirty (30) days of written notice or unless Tenant demonstrates a diligent effort to comply within a longer, reasonable period of time; • The lease shall immediately lapse and terminate upon cessation of the use of EPIPD property and/or the Parking Area for a period of more than 180 days or Tenant's default of any of the terms or conditions of the lease. Landlord may request Tenant to remove the Parking Areas (at Tenant's expense) at the termination of the lease and restore areas in accordance with existing city specifications. Background (kw Information: In the work session held prior to the February 2 City Council meeting, the developer agreed to relocate some parking spaces from adjacent to the tennis courts to north of the Tom Thumb, and make five (5) spaces parallel parking instead. These spaces were adjacent to the easternmost tennis court, and staff had concerns that the head-in parking spaces were too close to the courts. (Refer to transcript of work session, page 9, lines 30 - 31 and page 10, lines 1 - 24 shown in bold). In regular session, parking was discussed with regard to the relocation arrangement previously discussed during the work session. Staff review summary letter #3, item 4(b) addressed the off-site parking and need for reciprocal parking agreement. (See attached site plan review summary #3). The City Council approved a variance to the parking requirements (from 514 to 350) as requested by the applicant. In an amendment to the approval motion, the Council also acknowledged "the applicant's agreement to relocate 8 parking spaces from adjacent to the tennis courts as indicated this evening to northwest quadrant of the site and accept(ed) the commitment to come up with an agreement with staff for some partial use of our property," (Refer to transcript of Case ZA98-156 from 2/2/99 City Council meeting, page 12, lines 16 - 20 shown in bold)• Financial Considerations: Rental of$10.00 per year. . Billy Campbell, City Manager April 12, 2000 Page 3 L Citizen Input/ Board Review: The Planning and Zoning Commission voted to deny (4-2) the rezoning and site plan for the Crossroads Square retail center at their January 7, 1999 meeting. Commissioners Creighton, Peebles, LeVrier, and Shankland voted to withhold a recommendation to the City Council to approve the rezoning and site plan, citing concerns over the increased parking requirements for the Tom Thumb addition, and the inability of the proposed development to meet the current impervious coverage requirements. The City Council approved (7-0) the first reading of the rezoning and site plan for the Crossroads Square retail center at their January 19, 1999 meeting, allowing grasscrete construction in parking spaces along the entire west property line. The City Council approved (6-0) the second reading of the rezoning and site plan for the Crossroads Square retail center at their February 2, 1999 meeting, allowing for relocation of eight (8) parking spaces from adjacent to the tennis courts to the northwest quadrant of the site and committing to work with staff on an agreement for some partial use of our ("city") property. Legal Review: The City Attorney's office drafted the proposed lease agreement. EPIPD agrees to all terms of the lease agreement with the exception of the following provisions: Paragraph 1B regarding construction of western parking spaces in grasscrete and Paragraph 1H regarding indemnification language. Alternatives: Not Applicable. Supporting Documents: Supporting documents include the following items: • Lease Agreement for reciprocal parking with EPIPD - Crossroads Square, L.P. • EPIPD's response letter. • GIS map showing off-site parking areas affected by this agreement • Site Plan and Review Summary #3 for case ZA98-156, dated 02/02/99 • Transcription of Southlake City Council work session, February 2, 1999 • Transcription of Case ZA98-156, City Council meeting February 2, 1999 Staff Recommendation: Place this item on the April 18, 2000 City Council agenda for consideration of the Lease Agreement for reciprocal parking with EPIPD - Crossroads Square, L.P. (Tom Thumb). (hip- Iu1).3 • 04/13/00 16:18 FAX 817 461 1884 CLEARVIEW INVESTMENTS 0002 )1,o C A Lipscomb Development Company 'REAL ESTATE DEVELOPMENT&INVESTM.CNr• Ms.Karen Gaudy Interim Planning Director City of Southlake 1725 E. Southlake Blvd. Southlake,TX 76092 Fax: (817)488-9370 Re: Crossroads Square Parking Space lease agreement between EP1PD Crossroads Square Ltd and the city of Southlake. Dear Ms Gandy, We are in agreement with the attached lease agreement except for the following items. We respectfully request the city to allow us these changes. 1. Paragraph 1.8,we agree to construct the eight head-in parking spaces adjacent to Crossroads Square's northern boundary line in grasscrcte. However the parking spaces along the west boundary have already been constructed of concrete at the direction of city staff. This was because of 1,)the grasscrete requires proper drainage conditions to be effective and this location's conditions are not optimum for grass survival,and 2)The grasscrete was never used in calculations for non-impervious cover which was the council's main concern. 2. Paragraph 1.H,Our loan agreement would preclude us form accepting the indemnification language as it exists. We appreciate the city's consideration of our requests. Sincerely, Steve Lipscomb Limited Partner of EP1P Crossroads Square,L.P. 200)Eao.t Lunar Blvd. • Suite 155 • Atlingtun,Texas 76006 • (617)469-6545 • Fax: (S17)461.1864 IOb 4 APR-13-2000 10:10 617 332 4741 P.02/06 (6., LEASE BETWEEN CITY OF SOUTHLAKE AND EPIPD CROSSROADS SQUARE, L.P. 1. Terms and Definitions Date: April 18, 2000 Landlord: City of Southlake, Texas Landlord's Address: 1725 E. Southlake Boulevard Southlake, Texas 76092 Tenant: EPIPD Crossroads Square, L.P. Tenant's Address: 14990 Landmark Boulevard, Suite 300 Dallas, Texas 75240-6729 Premises: Portions of a certain property located in Southlake, Tarrant County, Texas as described and depicted on Exhibit "A", attached hereto and made a part hereof for all purposes (the "Southlake Property"). Rent: $10 per year,which shall be prepaid by the commencement of this Lease, Original Term (years): Forty(40)years Commencement Date: July 1, 2000 Termination Date: The earlier of(i)Tenant's abandonment of the Parking Areas or(ii)July 1, 2040. Use: For construction and use of five(5)parallel parking spaces and thirteen(13)head-in parking spaces on the Southlake Property located west of a certain tract owned by Tenant, being more particularly described on Exhibit"B"attached hereto and made a part hereof for all purposes(the"EPIPD Property"),and eight (8)head-in parking spaces on the Southlake Property located north of the EPIPD Property, together with all necessary appurtenances thereto (collectively the "Parking Areas"). W:1Sout lakeAAgreements1EPIPOCrssrdsSglse.11nal.wpd Page 1 L 101J•5 APR-13-2000 10:10 817 332 4741 P.03/06 II. Lease Clauses and Covenants 1. Tenant Agrees to— a. Accept the premises in their present condition "as is", the premises being currently suitable for Tenant's intended use. b. Construct the Parking Areas in a good and workmanlike manner,without the attachment of any construction liens,and in accordance with plans approved by the Landlord, which approval shall not be unreasonably withheld or delayed. Tenant shall construct all parking spaces with grasscrete. c. Maintain and use the Parking Areas in strict compliance with the Charter, Ordinances and Codes of the City of Southlake (the "City") and in accordance with the directions of the Director of Public Works of the City,or his duly authorized representative. All plans and specifications therefor shall be subject to the prior written approval of the Director of Public Works, or duly authorized representative,but such approval shall not relieve Tenant of responsibility and liability for concept, design and computation in the preparation of such plans and specifications. d. Allow Landlord to have unlimited use of the Parking Areas at all times in conjunction with the use of Bicentennial Park. Landlord shall bear no responsibility or liability for damage caused to the Parking Areas by any member of the public. e. Repair and maintain the Parking Areas, and in a manner satisfactory to Landlord. This shall include mowing and maintaining the premises in a good and safe condition. f. Repair any damage to the Parking Areas caused by Tenant. g. At no expense to Landlord, make proper provision for the relocation and/or installation of any existing utilities affected by the use and occupancy of the Parking Areas,including the securing of approval and consent from the utility companies and the appropriate agencies of the State and its political subdivisions. In the event any installation, reinstallation, relocation or repair of any existing utility or improvements owned or constructed by or on behalf of the public or at the public expense is made more costly by virtue of the construction, maintenance or existence of the Parking Areas, Tenant shall pay to Landlord an additional amount equal to such additional cost as determined by the Director of Public Works, or his duly authorized representative. WAWout IakeWgreements\EPIPDCresrdsSglse.final.wpd Page 2 L in►l-h APR-13-2000 10:10 817 332 4741 P.04/06 (0.- h. Be responsible for any damage which may occur to Tenant's Parking Areas, and Tenant hereby releases Landlord from any and all liability and responsibility for same. TENANT FURTHER AGREES TO AND DOES HEREBY INDEMNIFY, AND DOES HEREBY HOLD HARMLESS AND DEFEND LANDLORD, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS OF WHATSOEVER KIND AND CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, USE, DESIGN OR CONDITION OF THE PARKING AREAS AND USES GRANTED HEREUNDER,WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES OF THE LANDLORD; AND TENANT ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. TENANT SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY FOR AND SHALL INDEMNIFY LANDLORD FROM ANY AND ALL INJURY OR DAMAGE TO LANDLORD'S PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF TENANT, (how ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS. i. Bind and obligate itself to maintain public liability insurance covering all public risks related to the proposed use and occupancy of public property as located and described on Exhibit"B". The amounts of such insurance shall be not less than the following: Property damage, per occurrence $100,000 Personal injury or death, per occurrence $500,000 Tenant understands and agrees that such insurance amounts shall be revised upward at Landlord's option based upon amendments to the Texas Tort Claims Act. Tenant covenants and agrees to so revise such amounts within thirty(30)days following notice to Tenant of such requirement. Such insurance policy shall provide that it cannot be canceled or amended without at least thirty(30)days prior written notice to Landlord. j. Cease use of the premises on termination of this lease. W:1SouthlakelAgreementskEPIPDCrssrdsSglse.flnat.wpd Page 3 Le Ih N APR-13-2000 10:11 817 332 4741 P.05/06 2. Tenant agrees not to— a. Use the premises for any purpose other than that stated in the basic lease terms and definitions. b. (i) Create a nuisance, (ii) permit any waste, or(iii)use the premises in any way that is extra hazardous. c. Alter the premises, except as permitted by this lease. d. Assign this lease, without delivering the name, address, and telephone number of the assignee. The parties agree that an assignment of this Lease will not change the material terms of the Lease. 3. Landlord and Tenant agree to the following: a. Termination. This Lease shall continue only so long as Tenant shall use the Parking Areas for the purposes herein described. This Lease shall immediately lapse and terminate upon cessation of use of the EPIPD Property and/or the Parking Areas for a period of more than one hundred eight(180)days or Tenant's default in the performance of any of the terms of conditions herein, as defined in Section l.3.b. Cessation of use shall not include periods of construction, remodeling, repairs or maintenance. Upon (lbw termination, all rights granted herein to Tenant shall end. Upon Landlord's request, Tenant, at its own expense,shall remove the Parking Areas at the termination of the Lease, and restore the area to a condition acceptable to Landlord, and in accordance to then existing City specifications. b. Default. Tenant shall be in default by failing to comply within thirty (30) days after written notice with any provision of this Lease, or such longer period as may be reasonably required if Tenant demonstrates a diligent effort to comply with such written notice. c. DefaultWaiver/Mitigation. It is not a waiver of default if the non-defaulting party fails to declare immediately a default or delays in taking any action. Pursuit of any remedies set forth in this lease does not preclude pursuit of other remedies in this lease or provided by law. d. Notices. Any notice required by this lease shall be deemed to be delivered (whether or not actually received) when deposited with the United States Postal Service,postage prepaid,certified mail,return receipt requested,and addressed to Landlord or Tenant at their addresses. W:1Southiake1AgreementstEPIPDCrssrdsSqtse.finat,wpd Page 4 (Ow If114 APR-13-2000 10:11 817 332 4741 P.06/06 Lor. e. Venue. If any action, at law or in equity, arises out of the terms of this Lease or on account of Tenant's maintenance or use of the Parking Areas, venue for said action shall be in Tarrant County, Texas. Landlord: City of Southlake, Texas By: Rick Stacy, Mayor Tenant: EPIPD Crossroads Square, L.P. By: Ewing Properties II, L.C., its general partner L W:(SauthlaketAgreemenlslEPIPOCrserdeSglso.Anal.wpd Page g L TOTAL P.06 In►l-a EXHIBIT A LOV HENRY I n CITY OF SOUTHLAKE IIII 1 EPIPD PROPERTY 4A16 111 NI* S UTHLAKE W / � E IDD- ID EXHIBIT "B" Tom Thumb Off-Site Parking (..w _______________ City of Southlake Property 8 Head In Spaces(Off- Site) _______1101111611111111111_ Ballfield FA/ { '2":77,://// / J! f f; — ;,,,,,/:,//;4/ ii;;; ,.7/0/ ;. s..,.4. 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LOT I,131.00t 2 f.,7 7+:1,- ____------- 77= --,-------SOUTHEAK-E BOULEVARD(FM 1709) Cr...SEATED A 7 1,017;Tho 6 175.,1711.f„,-,-,,--;--------)T--,--i--_____ CASE.ZA98-134 FIRST AMERICAN SAANGS BANK ADM. .5••..,_ 1261-2.---- GAEL A.SLIDE 137S IT:7,=„, VARIARI i vA0111 R.0 24 -CONCRETE PA)MIM I •6OR wous T73,910 sr) nes.114120 A IWO P R.T CO.TX. :MED -C2 ( )KI u-Nr-1.6..11 s.- lot) .....,•••••••TL 7011E0 S-P-2 ,--- ,----1+01101-3EARCICTCCLICCR-7-E-T AL -.) r-----------" .. CUD -REIM.COMMERCIAL -.- ,„,.----- MOTE'S CHAPEL SP1-1h __ VC,L, IPPlo,Pi: EON VOL '19/1,PC 2)71 C.I.L.0.1FR•ASS.A,IATICAL C I ZONED •CS .7.111E0 -01 /I.V L. - orn,,(ctormi1ICIAL 1.I)11, PUBIS;/SCIA-P11111 IC REGO Jarrii 1993 . .........._..... SITE PLAN REVIEW SUMMARY (ow, Case No.: ZA 98-156 Revised Review No: Three Date of Review: 02/02/99 Project Name: Zoning/Site Plan - Tom Thumb Center, being all of Lot 2 , Lot 3, and a portion of Lot 4 LGB Hall No. 686 Addition and including an additional unplatted 1.174 acre tract, in all being 7.691 acre APPLICANT: ARCHITECT: Ewing North American Properties Twichell Architecture 14990 Landmark Boulevard STE 300 3624 Oak Lawn Ave. STE 3200 Dallas, TX 75240 Dallas, TX 75219 _ Phone : (214) 521-3066 Phone : (972) 866-9555 Fax : (214) 599-0583 Attn: Terry Clark Fax : (972) 866-9888 Attn: John Maggiore Cfl.4 S1'AI+r 1-iAS REV1WED'I' ABUVg REPEREI\ICI3D PROJEd!"RELEIVEB t3Y 1'HE CITY ON 0I/26/99 AND W$ OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT EDWARD MCROY AT(817)481-5581,EXT. 880. 1. The following changes are needed with regard to bufferyards and interior landscaping. (Ittir a. Provide"required" bufferyards and plantings in accordance with the attached chart. Proposed variations from the required bufferyards and landscape areas are indicated in the rows labeled as "provided" both on the attached chart provided with this review and the chart provided by the applicant on the site plan. (C.C. Action 1/15/99:Allow as proposed placing required plants elsewhere on the site or in Bicentennial Park) b. Provide"required" interior landscape areas and plantings in accordance with the attached chart. Proposed variations from the required landscape areas are indicated in the rows labeled as "provided" both on the attached chart provided with this review and the chart provided by the applicant on the site plan. Verify the area of interior landscaping..provided. Staff estimates that approximately 25,. 376 sf has been provided. The Interior Landscape Chart on the site plan indicates 274_602sfisprovided. (C.C. Action 1/15/99:Allow as proposed placing required plants elsewhere on the site or in Bicentennial Park) c. Correct the graphic to clearly reflect all proposed interior landscape areas as shown on the Landscape Exhibit presented at the 1/15/99 City Council meeting. The crosshatching on some landscape islands does not match or is missing. d. Parking and pavements are not permitted within bufferyards. The plan shows the following encroachments: ,. 1) Eight existing parking spaces adjacent to FM 1709 extend 10' ± into the 20' Type 0 Bufferyard. (C.C. Action 1/5/99: Allow as shown) I00-13 2) Existing Fire Lane along the west line of Lot 2R1 adjacent to Lot 1 and 2, Block 2 First American Savings Bank Addition encroaches into the required 5' Type 'A' Bufferyard. Clarify the intent to provide the bufferyard through this area. It shown graphically and is shown not to be provided in the chart. (C.C. Action 1/5/99:Allow as shown) 3) Proposed parking along the west property line of proposed Lot 2R1 adjacent to Bicentennial Park encroaches into the required 10' Type `B' bufferyard. (C.C. Action 1/5/99:Allow as shown) 2. The following changes are needed with regard to driveways ingressing and egressing the site according to the Driveway Ordinance No. 634: a. Provide the minimum driveway spacings as required by the Driveway Ordinance No. 634. Specifically, address the following: 1) A minimum spacing of 250' is required between a service drive and any other type driveway along F.M. 1709. The existing service drive (Drive `F') at the southwest corner of Lot 2R1 is approximately 123' from the next drive to the east (Drive `E'). (C.C. Action 1/5/99:Allow as shown) 2) A minimum spacing of 500' is required between full access drives along F.M. 1709. The existing Drive `E' is approximately 382' from the full access driveway within the First American Savings Bank site to the west and is approximately 141' from the existing drive at the southwest corner of proposed Lot 4R(Texaco)to the east (Drive `L'). (C.C. Action 1/5/99:Allow as shown) 3) A minimum spacing of 500' is required between a full access driveway and a right of way intersection for drives along F.M. 1709. This distance is measured from the drive centerline to the R.O.W. line. The existing full access drive along F.M. 1709, within the proposed Lot 2R1 is approximately 338' from the intersection of N. White Chapel Blvd. (C.C. Action 1/15/99:Allow as shown) 4) A minimum spacing of 250' is required between drives along N. White Chapel Blvd. The southernmost existing drive within the proposed Lot 2R1 (Drive `C') is approximately 92' from the existing drive to the south(Drive `D') and approximately 183' from the existing drive to the north (Drive `B'). (C.C. Action 1/5/99: Allow as shown) 5) A minimum spacing of 250' is required between a service drive and any other type driveway along N. White Chapel Blvd. The existing northernmost service drive within the proposed Lot 2R1 (Drive 'A') is approximately 203' from the next drive to the south (Drive `B'). (C.C. Action 1/15/99:Allow as shown) 6) A right-in/right-out drive is required for drives intersecting an arterial within 250' of the intersection with F.M. 1709. The existing southernmost drive within the proposed Lot 2R1 (Drive `C') is approximately 223' from this intersection. (C.C. Action 1/15/99: Allow as shown) 106-1'1 * The applicant should be aware that anticipated construction of a free right turn lane on southbound N. White Chapel Blvd. will affect the existing driveway approaches in that location. (Drives `C' & `D') b. A minimum stacking depth of 100' is required for all drives within the proposed Lot 2R1. The provided stacking depth are as follows: Drive E F.M. 1709 East Drive 34' Drive F F.M. 1709 West Service Drive 42' Drive C N. White Chapel South Drive 11' Drive B N. White Chapel Central Drive 29' Drive A N. White Chapel North Service Drive34' (C.C. Action 1/15/99:Allow as shown) 3. A minimum 10' screening wall is required to screen views of the loading docks and spaces intended for tractor trailer delivery. No wall is shown for the loading docks at the rear of the Tom Thumb building facing N. White Chapel Blvd. A screening wall must utilize a similar masonry material as the front facade. (C.C. Action 1/15/99: Requiring Additional Cedars in the "No Disturbance Zone"in lieu of 10'screen wall) 4. The following changes are required with regard to parking: a. Provide a minimum of 514 parking spaces for the proposed site. The applicant has proposed approximately 350 on-site parking spaces. Correct the provided spaces shown in the Site Data Summary to reflect only on-site parking. (C.C. Action 1/15/99: Allow 350 spaces instead of 514) b. Address the following with regard to the proposed off-site parking: 1) Remove off-site parking and pavements shown along the west side of the development located between the two most southerly transformers. Contact Ben Henry (X 824), Community Services Department, for specific guidance in coordinating any proposed off-site construction with the City's current Tennis Center construction. (C.C. Action 1/15/99: Allow off-site Parking and pavements along the west and accepting applicants commitment that spaces be constructed of grasscrete) 2) If relief is granted allowing off-site parking, a letter of permission from the property owner must be provided to the City prior to any such construction and a reciprocal parking agreement will be required to be in place. No documentation of such agreements have been provided to the City. 3) If relief is granted allowing of site parking, ensure that curbs, grading, wheel stops, plant materials, and/or other physical features do not negatively impact the adjacent Tennis Center Development. Such negative impacts would include but not be limited to drainage, safety and any physical damage to facilities within the Tennis Center site. 4) If off-site parking is allowed, the total provided parking would be 376 spaces rather than the 379 spaces indicated in the Site Summary Chart. IDO-15 (se c. Provide head-in parking spaces with a minimum dimension of 9' X 18'. A number of spaces located along N. White Chapel Blvd. and along the common line with the proposed Lot 4R are shown as 8' X 18'. If relief is granted to allow such a reduced dimension, label the applicable spaces --Compact Parking 8' X 18' -- on the site plan. (C.C. Action 1/15/99: Allow as shown) 5. Show, label, and dimension existing and proposed easements on or adjacent to the site. The proposed Plat Revision for this site shows a 20' drainage easement along the common lot line with the Proposed Lot 4R. 6. Provide impervious coverage in compliance with the Zoning Ordinance Section 22.5-L This site exceeds the maximum permitted impervious coverage area of 75% for the "C-3" Zoning District. The applicant proposed 46, 551 sf of open space (13.9% of lot area) and approximately 288,451sf impervious area(86.1%impervious coverage). (C.C. Action 1/15/99:Allow as shown on Landscape Exhibit presented at 1/15/99 C.C. meeting, ) 7. The following changes are needed with regard to building elevations: a. Masonry construction meeting the requirements of Ord. 557 and Ord. 480, Section 43.9.c.1.a is required on proposed buildings. Painted tilt wall construction as depicted on the north and west elevations of the Tom Thumb building does not comply with these requirements. On the Tom Thumb building, the south elevation and portions of the east elevation do not identify exterior wall materials. The retail strip building also does not identify exterior wall materials_ Previous elevations have indicated that painted tilt wall is intended at several locations on these elevations. b. On the east elevation of the Tom Thumb building, areas to the north and south of the existing Eckerd's building are shown only in silhouette. Provide a detailed elevation drawing of these areas noting the type of materials intended for walls columns, and other features. c. Insure that all mechanical equipment (roof or ground mounted) is properly screened from view with an appropriate roof system or an architectural feature which is integral to the building design. Screening of the Tom Thumb Building Mechanical Units has not been clearly demonstrated. d. Provide wall length and offset dimensions on all facades vertically and horizontally. e. Provide a plan view of the building footprint below the elevations of the retail building and correct the retail building footprint shown on the site plan to match . No horizontal articulation can be evaluated for this building. f. Provide horizontal and vertical articulation meeting the requirements of Ord. 480, Section 43.9.c.1.c. and Section 43.13.d .Compliance with the articulation requirements is as shown on the attached articulation evaluation chart. (c.c.Action 1/15/99:accepting the articulation as discussed during the IDD-1(9 meeting.(Applicant agreed to meet all the vertical articulations shown to be deficient on the articulation chart and will meet the horizontal articulation on the south wall of Tom Thumb Building and the north and south walls of the Strip Retail Building. Variances will be granted (le for the following horizontal articulations:north,west and east sides ofthe Tom Thumb Building with the canopies,pilasters,and other design features discussed during the meeting and the east and west sides of the Strip Retail Building as discussed in the meeting) 8. Clarify the floor area shown for existing Building 'D'. As depicted, the "24,740 sf' number appears to incorrectly imply that the existing retail building is 24,740 sf. In fact, the total area for Buildings 'C', 'D' and 'E' (new and existing) is approximately 24,740 sf. Building 'D' appears to be approximately 15,155 square feet. Additional C.C. Actions 1/15/99: accepting the applicant's commitment to maintain the landscaping for perpetuity; allowing the applicant's engineers and city engineers to work together on the appropriate length and width of a right turn lane(and its transition)along White Chapel Blvd.;and accepting the applicant's commitment to appropriately shield exterior lighting. * This review is based on the "C-3"General Commercial District for the proposed Lot 2R1 and 2R2 * Coordinate with the City Parks Superintendent (Ben Henry X 824 ) and the Landscape Administrator (Keith Martin X 848) for the placement of the sidewalk shown near the "No-Disturbance Area". (iw * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. * Protected trees cannot be removed outside of 6'from the proposed building without processing a Tree Removal Permit or without approval by the Planning and Zoning Commission. Cuts or fills within the limits of the critical root zone of protected trees are not permitted unless adequate construction methods are approved by the Landscape Administrator. * A letter of permission from the adjacent property owner(s) must be obtained prior to issuance of a building permit for the construction or removal of off-site pavement. * Denotes Informational Comment att: Bufferyard Calculation Chart, Interior Landscape Summary Chart, Articulation Evaluation Chart (110, cc: Ewing North American Properties VIA FAX ABOVE Twichell Architecture VIA FAX ABOVE Bury& Pittman VIA FAX: (972) 991-0278 Attn: Brett Blankenship 1M-11 David McMahan VIA FAX(817) 481-4074 (se L:\COMDEV\WP-FILES\REV\98\98156SP3.WPD L (OW IDDIg • r r r . ,w.«w..n. sn«xww.r«r. w+u.OE) AI.NOTE -nw.r ```r-...n..o2N UAP� 1'1101'O!®�IIE DATA EIYMF/ g10r0®MTE DATA IIAMAII'! �W:1,1.32.011204..,,,,,w d,, `. ,., a,+, T )1WJ 00ro:+m BCKoosLOT3•GI ,P.1.r..ua. -�� AI}•aa,1_•WAarsrM."N ...;'P`R AI+3:e�..gmer-3...K-SIN.:,-� -�fMIJNl1[•R�tlH3.8[AfA• L...�_ o3r ll_N--I "ter• d -:ii L�3a «wll ::ieF6�_'-i __----��{E t r 'P : = mcl_ :ass 81416.-- 1 r I'� Imo» ,r-, 11111Iii I ACRE ..-,. ,•I.n wr ww PROPOafO CIE TAILLATOIi-COIIi® 11FORp®lm TA92ATKJN8 6 ACRES TRAM(TWO TO"THAN 0.078 2+2) WOMB 4071151 a) ANWIl4211! 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'°y. -1,r,,.�'T)C.Mw Iw Ii6:AC.DInIJN !_u(Wlj,'IIF/.W CfMI::iFIn:T1(XI OP INFPOVFME I,w,.ar,. w .! , x• �. �; 'J NOT INCINOLD IN TMULATI l��Ir\I I _F�-: '-•-`-�4��'`_• - , '-r � i , ` 4--T"` ,l un CFFICE ---_- .� ,r :s.4-- _- , ---1 J I -. _� w. .-.{.'A/]� I F r.riu COMMERCIAL wY aa.as�v,AWN.% LOTMAN waer A9Ma apA.m,a1 - yL SJ�L -__- l•NN r,aawa aa! n� (01w iRn1 Wa.. i i _ -.. - - _-�^•",..1!�_-�'-�-_ `„-"�`-'-,e-c...., t" '1•'..3 .i R.rv•� r1 1(1 TSI .Lars` c iip I. �!I-:L'`�[� _ I. I� .y..l --""--:""s'R•"-.ww ,. ; q >..w i.;r ,j. _'{ } '!d- II 11_ -� „ --- - :�__._._..� ---- -• - ' ��. -;'- '::a«:"),ex I � '!- f {rL 5 II r45..1:. ) .1 w T.4 .'A ._ was Ta x A 1:• .A,. iJ . % .. . +-.-.� Llf.Sww'° 0=nloi•.�/ 3LI� : s -.�!_1. +SPr_RR_ll�w!-s,. «\Pw �l� -29.9)9• -29.2.)9• n!.% ,. a- e ,,Rwrol..,. _- -6 Il^2 P=,95.)x .Sr'=' n.Sl RY `�-L ,45.,ft7- _ ____ LollwwmMA�li.rxn u.w iwGM I1 IA'Y Auwnswr.a.ea u nr w... - _ :.15.(:Sa' :.Y• . 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M CA..!J L( l -I:O.ILO6J' a ~'' 'KIIJT,,BI.(Y.K 2 -SOurH A E BVARD(FM 1709) LOIU 5 A-6 TO UE___-_.__�_ ♦ �..m FAST AMEFIPAN SANIIGS Br\NK AOON, v... �--"�- --�' -� CWYEPIED TCl A iN4Gll IUl '-+ (w"ASE.ZA9B'�CAB A.SUOE 1.125 .`".j"••�•�� - VARI.ABLE WIDTH NNCRETE PAVEMENT 1 e,)a AI.RES(73.970 3') { j��� P R.T ED T% __ _V _`lJ-�_--' J TONED -C2 CN) a .� 0 2 Im wewR WWI a IM10 201IFO 5-P-2 _ -1}_ -- ---- --D41b--.lEEILE,.,072MEPC1N. a"r�� -- L.UD -RETAIL COMMERCIAL _' , -- -----1*-nnn.TEAR"I:.PC 0,.LT AL --- aL1{+C•p P _-_ VOL 11940.PP, 69K .� 'l %II If:'S CHAPEL -Y._ (, �(t� ^..F A SP1-1h 'I_ VOL 9979,PC 2)41 CrME71N,._0 ASSOCIATION ECD (11 2,J 1999 Un Ti.� 1 [[ __ ,w. ,.'(111FD -01 y L I)L - %FL.F i11M•••”•0 y Lir ra --PUBLIC /SCMI--PIICI]r -a,t,r ,..m r 1 Transcript of Case ZA 98-156 during City Council Work Session ‘,„„„ 2 February 2, 1999 3 4 Stacy: Is there anything new on the Tom Thumb thing since the last meeting, 5 Chris, you think we should discuss now? 6 Martin: Dennis, did you tell me you were going to get us another...or maybe that 7 was Keith. I didn't see mine when I walked in. 8 Killough: (Inaudible) 9 Legrand: (Inaudible) to Last: I believe, Mayor, a couple of discrepancies. We were unable to really 11 finalize the articulation review without some dimensions. That might be 12 some area worth talking through. And then I believe we had a comment 13 there on a tilt-wall component that they had previously described and I 14 think the plans showed but we do not have a comment on our review 15 letter. 16 Killough: We also want to address the landscape area. They are in compliance with 411w 17 the required area but there are just discrepancies between the plan you got 18 in your packet and (inaudible). 19 Stacy: Okay, is there anything that you know of that we should discuss at this 20 point; significant changes that might.... 21 McMahan: The only changes we made were in terms of trying to meet the 22 articulations as much as we could and also in making some architectural 23 changes that we had discussed that we would make. 24 Last: They did revise their site plan to correspond to that landscape plan that 25 they showed a picture of last time. 26 Martin: Well, I'll tell you, I think that this comment, must be on 7A, about the tilt- 27 up concrete, was a big surprise. You know, we met for several hours 28 discussing this and it is an illegal material. It can not be used in the 29 corridor overlay and you must come forward and ask for a specific 30 variance. I know you may have been choking on the number of variances cy 31 you're already asking for but this is serious and I think you're going to Lb 2D 1 need to rethink that material because I can tell you we're spending 2 millions and millions of dollars building a park next door to you and I just 3 don't really see how all those tilt-up panels would do anything except 4 harm us as we enjoy our park and spend our millions of dollars to enhance 5 the beauty and usefulness of our park area and then ultimately to be a 6 spitting distance from tilt-up concrete panels which are not allowed. They 7 can be allowed on certain variances but I really am surprised that it wasn't 8 brought forward to our attention, and freely admit it was noted on one 9 drawing that I had... 10 McMahan: It was not only noted, Councilman, but we discussed, in fact, the question 11 was asked from the Council beforehand as well as P&Z, it's in the 12 minutes. I believe it's in the minutes, yeah, they're tilt wall, and we talked 13 about the finish, and they'll be finished, not painted, but with a stucco type 14 finish, so that you would never be able to know whether it was a tilt-wall 15 behind it or concrete block or steel. You won't know. There is no 16 difference. Cor 17 Last: Council, we have had that similar surface before but I believe the plans 18 actually, maybe incorrectly say painted tilt wall. 19 Martin: Yeah, that's what it says. 20 Last: So that may be something for the future. 21 McMahan: That's wrong, that is wrong. 22 Martin: And the areas where we have allowed tilt-up painted, tilt-up textured 23 panels have been along rear service drives that abut either a forested creek 24 or backs of other buildings or a undeveloped area that would be 25 commercial. 26 (unknown): The point here is though, if it's stucco exterior it's like saying, do you like 27 the shiny stuff or jip-lap on the front of your house. You don't see it. It 28 looks like stucco. Who can object to stucco? 29 Martin: Well, we would much prefer to have real masonry than stucco. 30 McMahan: Are you sure that you would rather have concrete block painted.... L 2 lbD-21 1 Martin: No, we can't have concrete block either, David; that's also a material 2 that's not allowed. 3 McMahan: So, what are you saying; a brick facing? Is what you're talking about? 4 Martin: Yeah, I mean there are materials that are masonry, it can be brick or stone, 5 but the point is that it faces our park within just a matter of a few feet 6 and.... 7 Stacy: It does today. 8 Martin: That's right and it's ugly as sin. It makes me want to vomit sometimes; 9 it's so bad. So again, we're over there building millions of dollars worth 10 of stuff for our citizens and we're going to look at the back side, and I 11 appreciate what y'all did on the back of the elevations of the retail strip. 12 McMahan: We've been over those elevations several times with as many members as 13 we can talk about. I don't know what else to tell you other than it's always 14 been there. This is nothing new. It was there last time. 15 Martin: Yeah, but somehow the staff didn't catch it, (someone starts to interrupt) I 16 understand, I understand, but we all must go through the process with our (Ilw 17 eyes open. 18 Stacy: What's the back of the existing building today? Not the (inaudible) part 19 but the other part that stays. 20 McMahan: It's all concrete block today. 21 Stacy: The existing strip part is concrete block. It's painted. 22 McMahan: Um-hmm, and it will be re-painted with added features which we added to 23 handle the articulation. 24 Martin: And that's very good, David. I wanted to compliment you on the new 25 elevation. It looked very good. 26 McMahan: Thank you. I think here, the point is, quite frankly, is when we all looked 27 at the elevation the last time at the last meeting and we discussed that back 28 elevation in depth, it was the look, not what it was made out of and we 29 made the changes and added the things on the look. I, frankly, have a 30 problem understanding what the sub-material has to do with what the look L 31 is. 3 1 Stacy: I remember we talked about the canopy and so forth. (kw 2 McMahan: Yes, and the point is we showed that as stucco on the back and are you 3 really saying that stucco covering brick looks better than a concrete wall 4 covered with stucco? It's the same thing. It's a look your after and I think 5 we've given you that. 6 Martin: Well, I think part of it comes down, to if you comply on those facades, 7 with all the articulation requirements, both vertical and horizontal, on 8 those tilt-up panel walls then I think we'd have a cat of a different color; 9 but what we have today is not, as far as I understand, compliance on those 10 walls with the ordinance and part of it, I'm sure, is due to the fact that 11 making those small bump out and tilt-up becomes quite expensive, but it's 12 not near as bad as when you're using some other kind of masonry material 13 and thusly you end up with a... 14 McMahan: That's not the reason at all, Councilman. That's not correct. The reason 15 was, and we went through this ad nauseum, is the depth of the thing. We 16 couldn't get the trucks in. We can't get the car parks. None of that had (lkw 17 anything to do with what material is there. Not one little bit. 18 Stacy: Do you have the elevation of the west side? 19 McMahan: That it's going to be? 20 Stacy: Yeah, the new proposed one that's going to be..... 21 Martin: Yeah, the new west, the new north, and the new east are all going to be 22 tilt-up, right? 23 McMahan: Yeah. Well, the whole thing is, is this it? This is the west property. That's 24 the west. The back, and these are the ones to the park. Mike, where am I 25 here, bub. My contention is simply this; I appreciate what you're saying 26 but we didn't run any surprises on you here. This has been the same way 27 the whole time. And number two, and all that's been submitted, but the 28 look, all I'm saying is, I have a difficult time understanding what 29 difference it makes as to what the underlying material is as far as the look 30 is concerned. What difference does it make? What you're telling me is L 4 Ut13 1 that you wouldn't say anything if that were all brick under there. So, ,,,, 2 what's the difference? 3 Martin: Well, I mean I think that what appears to be your effort to adjust this 4 West; I'm sorry, that's the back. 5 McMahan: This is the North. 6 Martin: Right, that's the North. And I don't, we've know been provided any 7 elevations of the east-facing sections of the Tom Thumb. 8 unknown: I think we have. 9 McMahan: That's basically the back of the existing Eckerd's. 10 Martin: No, it sticks out past the Eckerd's, right? 11 McMahan: That's right, but that's all been presented before. 12 Martin: Have y'all seen that elevation? It's not in our packet. 13 Last: I believe it is, isn't it? (inaudible) 14 Martin: Whether there's a shaded box of anything behind the first, closest facade, 15 then the rest are merely shaded boxes. filw16 Last: It may be, it may not be... 17 Stacy: It would look just like the west I assume. 18 Martin: We don't know. 19 Stacy: Is it a plain wall or a... 20 Stacy: There it is. 21 McMahan: I don't know the answer to that question. Mr. Twitchell, can you? 22 Twitchell: It's going to follow the same concept as the north elevation. It'll just wrap 23 around. 24 Martin: So you're going to put the multi-color and some awnings and stuff on that 25 to break it up visually? 26 Twitchell: There's no awnings in back, but there's arches and the same amount of 27 multi-color wrapped around. 28 unknown: You can do that around here? 29 Twitchell: Yeah. 30 Stacy: They've gone to a lot of trouble to get the visual articulations. L 5 IDD-l11 • 1 Martin: Well, I understand it and I appreciate their commitment to meet those (4,.. 2 vertical articulations; I just, your know, sort of buying a pig in a poke as 3 they say. If we don't see the elevations, then how do we know exactly 4 what they have committed to do? 5 McMahan: You're actually right as it relates to this, but the other elevations, we've 6 been added and that should have shown as well what we are committing to 7 you to do the same treatments and wrap it around. 8 Martin: Okay. David, on this rear truck loading dock that's on the west, I'm sorry, 9 the left side of that building, I see a single door from here, I don't have my 10 glasses on. 11 Twitchell: Oh, that's the back. That's the existing... 12 McMahan: That's a door that exists in the back of Eckerd's today. That dock is more, 13 somewhere...I'm sorry. 14 Martin: Can I get you to put the one that's right, or take that one down, David, and 15 show us the one you have up there a minute ago that shows that west 16 facade. (IP' 17 McMahan: That's the West, right here. One thing that this doesn't show that we 18 agreed to do and they redrew it, when they redrew it they did it 19 incorrectly, is that instead of that flat canopies on the west side we agreed 20 to put the bubble canopy which we're still agreeing to do. It's a . . . 21 Martin: I mean, that's why I asked that about the canopies because we have the 22 articulation...on that side 23 McMahan: On this side, we agreed to put those bubble canopies on that side. 24 Stacy: Which is facing the park? 25 Martin: Right. 26 Stacy: On the other side actually is, I think, hidden by that grove of trees. 27 Martin: It will be somewhat hidden, that's right. 28 McMahan: We can't on the other side because there's a dumpster, if you remember, 29 right where the canopy would be. But we can do the visual exactly like 30 that. C 6 IDD-25 1 Martin: Right. I mean again it does face White's Chapel. As you look down the (1,,,, 2 service drive, you're going to see that portion of the wall. I guess, then, 3 David, I need to find out the . . . 4 McMahan: Well, we also agreed to plant some trees if you remember on that island 5 which would further hide not only the cars and the dumpster, but that 6 façade as well. 7 Martin: I understand. On the left end of that building there, the plan show a 8 secondary loading dock or a loading area, do you have doors in there? 9 McMahan: I don't see any of them. How does that set up, Mike? I think he's talking 10 about the one, the dock here on the west side. 11 Mike: We haven't figured out if there's going to be an overhead door there or 12 not. 13 Martin: I guess then we have the problem of how do you ultimately end up 14 screening those doors from the view to the park? If you're screening on 15 two sides then you've got no open side. 16 McMahan: This wall actually does. (11,' 17 Martin: It sure does. 18 McMahan: Okay, so you're talking about directly from the west, which you've got 19 your building, your own screening. You've got the windscreens on those 20 tennis courts and you can't see through the tennis courts to see the center 21 anyway. 22 Martin: We do have a number of small t-ball fields and stuff just adjacent to that 23 area that would look right at that. Now it may partially be screened and 24 again I'm not saying it's wrong, I'm merely saying that it didn't show in 25 the elevations. 26 McMahan: What we can do there and we'll be happy to do that, if we have a site 27 plan? We have a site plan board...There is some area out there, that if 28 there's an area to plant, we'll be happy to do that again, the same thing we 29 volunteered to do over there, that if we were to add some cedars or 30 something that will do that, that's not a problem. L 7 • 1 Martin: And again, it just comes down to, we analyze this very complex problem, 2 David, with multiple variances that this stuff gets skipped, we're all not 3 perfect. We sometimes need to rely on second thoughts and that's why we 4 have two readings. 5 McMahan: That's fine. 6 Martin: And that was all my questions. 7 Stacy: My question is, looking at the variances requested, do you need relief on 8 everything that's on this list in order for someone to make a motion? 9 McMahan: We would like to get it approved exactly the way we got it approved last to time. Now, that means that, yes, we need the same variances. I believe 11 the Staff has come up with a couple of other comments, some of which I 12 think we can answer, some are not, but I know we can, glance...I just got 13 them, but a cursory glance at these tells me that we were going to be able 14 to work those out. I didn't see anything in there of any need. 15 Stacy: Things like correct the graphics and stuff; we don't need relief for that. 16 McMahan: No, that's correct. That actually, in reality, Mike, did you bring a . . . 17 Mike: I got a cardboard I can bring . 18 McMahan: That actually, it's just simply a question that the landscape plan had a 19 certain kind of hatching that the site plan didn't. We didn't evidently use 20 the same computer. 21 Stacy: I guess what I'm trying to clarify is, in the essence of time during the 22 public, the real meeting, if you and Mr. Last can get together and agree on 23 what you really do need. 24 McMahan: We'll do that during the executive session, yes. 25 Stacy: Is that okay with you, Mr. Last? 26 McMahan: We'll be happy to do that. 27 Stacy: Is that all right, Scott (Martin)? 28 Martin: Oh, yeah. That's fine. I mean I think there's only a few points we need to 29 clarify; otherwise, I think we've been through this for a while. 30 Stacy: Do any of the rest of you have questions about the Tom Thumb thing that (aw 31 they might want to work on during the executive session? 8 iub-27 1 Kendall: Well, I have a question. In this chart that talks about required interior 2 landscaping versus what's provided and if there's some reason for the big 3 difference? 4 McMahan: In the chart . . . 5 Kendall: Yes. 6 McMahan: I don't know. We just got that. And what I'll tell you is, and see how 7 that's shaded, that's new to us. What I would tell you, my guess is that the 8 very two areas that they are questioning whether or not it's landscaping, is, 9 and that's how we have a larger number and they have a smaller number. 10 But I can't answer that because I don't know how they calculated it. 11 We'll get together and work that out. 12 Kendall: Okay. 13 Last: Our calculations actually show that they are providing more than what's 14 required. 15 Kendall: On the landscaping, the trees? I know that the green space is more, but on 16 the trees and shrubs, are they providing what's required? (bile 17 McMahan: Well, we can't, but what we agreed to do there is anything we can't put on 18 site, we'll put in the park. That's what we agreed to do last time. 19 Kendall: That's what I'm asking, there's an agreement to do that? 20 McMahan: Yes. 21 Last: Plant materials are part of the motion from first reading's approval was 22 that any required plant needed in interior or in the bufferyard that couldn't 23 be planted on site would be relocated to the park. 24 Kendall: So that's why that chart looks so off because it's going to be replanted. 25 McMahan: Right. 26 Stacy: Any questions about the plat revision? Do you have anything on that, 27 Greg, that needs to be pointed out? 28 Last: I don't believe there's any issues on the plat. 29 Stacy: Okay. 30 Martin: That new strip of parking with the two dumpsters directly adjacent to (iir 31 the tennis courts, is that in this criteria? 9 IDD-2s 1 Last: Yes, it's in one of our review comments on the site plan. There's a (Nor 2 comment from Parks to prohibit the parking that's adjacent to the 3 tennis courts and I believe David met with Parks and came to a 4 mutual conclusion that those stalls could be relocated to the north 5 parking lot. 6 Martin: Do we need to address that in the motion? 7 McMahan: Yes, because, in fact, please forgive me, it's my understanding that 8 will require Council's approval because it does have to go into the 9 park to do that. That's my understanding. 10 Last: And the bufferyard, they'll be a north bufferyard so... 11 McMahan: We're willing to do that. We don't have a problem doing that; that's 12 totally up to y'all. 13 Martin: Do you guys have any kind of scale drawing for that estimate of where 14 and how far it's going to be into the park property? 15 McMahan: We have a 10-foot buffer as you assume, a 20-foot park, we're going 16 in another 10 feet and I think we've agreed to seven stalls moved 17 around there. We've turned the ones we're moving parallel. We have 18 five (5) parallel and we've moved seven (7) around to the back, and 19 that gives them more room for their drainage and greenery between 20 the courts and those particular stalls. 21 Martin: So we'll have to note that in our motion. We can't approve the site 22 plan when we know we're going to be moving some of them. Okay, I 23 appreciate you working on that too because it was way too close to 24 those fences. 25 Stacy: For the moment, let's skip down to the second readings in "f," "g," and 26 "h.". . . 27 28 L IUD 2q 10 1 Transcript of Case ZA98-156 from the 2/2/99 City Council Meeting. 3 4 Mayor Stacy: The next item on our agenda is 7A, Ordinance No. 480-297, second 5 reading, rezoning and site plan for the Tom Thumb center. 6 7 KPG: Do you want the presentation? 8 9 Mayor Stacy: I think you should put it on the wall, yes ma'am. We discussed this quite a 10 bit during the work session this evening but we'll have a little refresher 11 here for the public's information and if there's anyone on the Council who 12 has a question about it. l3 14 KPG: ZA98-156 is a rezoning of Lot 3 and a portion of Lots 2 and 4 of the 15 L.B.G. Hall No. 686 Addition and adding 1.174 acres out of the L.B.G. 16 Hall Survey as well, making a total 7.691 acres. You'll also be reviewing 17 the site plan for the Tom Thumb center. The property is located on the 18 northwest corner of the intersection of North White Chapel with F.M. 19 1709. The EPIPD-Southlake No. 1, limited partnership is the owner. The 20 applicant is Bury Pittman DFW, Inc. The property is currently zoned 21 "CS", "S-P-2" Generalized Site Plan District with "C-3" uses, excluding 22 those that are noted in the staff memorandum. The request was for, was 23 originally for "S-P-2" with "C-3" uses. They amended that request bir,'4 excluding all of the "C-3" uses previously approved and then also 25 excluding a movie theater. We sent out ten responses, or ten letters to 26 everyone within 200 feet and received one written response from Don 27 Mullman, 803 Pearl Drive in favor of the request. Also included were 28 persons living outside the 200 foot area, and in total there were a thousand 29 fifty-six responses in favor of the request. The Planning and Zoning 30 Commission at their January 7 meeting recommended to deny with a 4-2 31 vote. Council during the first reading on January 19 did recommend 32 approval subject to staff's review comments dated January the 15th with 33 certain modifications. You allowed the bufferyards as shown, provided the 34 applicant work with staff to relocate any plantings to the park area to the 35 north of the site. Also you allowed the existing parking that was in the 36 bufferyard areas, that they could remain. You also allowed the driveway 37 spacing and stacking depths as shown. You provided that there, in this no 38 disturbance zone, that there should be additional cedars planted there in 39 lieu of the 10' screening wall that would be placed in that area. You 40 allowed the 350 parking spaces as shown, accepting the applicant's 41 commitment to make some of the compact car sites here and then gain 42 some additional landscape in these islands and throughout the parking 43 lot as well. You allowed the impervious coverage as shown, given the 44 applicant's commitment on the additional landscaping. I think they now 45 have approximately 86% impervious coverage. On item 7B, on the 6 articulation, you accepted the applicant's commitment to meet all vertical 1 106.3b 1 articulation and then on the horizontal articulations on the south side of the 2 Tom Thumb building, and also the north and the south of the retail building 3 as well. All others would be per the plan as shown previously. The 4 applicant was to take a look at providing additional parking on the 5 west side of the building. Also to shield any lighting from the 6 surrounding property owners over on the east side of White Chapel, and 7 also allow the grasscrete in the parking stalls along the entire west side. 8 And then, in response to Councilperson Edmondson's requirement to 9 maintain the landscaping in perpetuity. Due to the supermajority vote, and 10 due to the P&Z's denial, a supermajority is required, 6 of the 7 would have 11 to approve the plan. Now staff has provided you a revised review letter 12 No. 3, dated 2/2/99. You'll note in there, there was a comment about the 13 interior landscaping, there was some discrepancy, and I believe the 14 applicant has agreed to correcting that on the plan. We also discussed 15 during work session a painted tilt wall, on the north and west walls of Tom 16 Thumb, and I believe that issue has been resolved in work session. And 17 then there was also the need for additional information on the north and 18 south walls of Eckerd's on their, the articulation of the elevation plan. Are 19 there any other comments or questions we can address for you? 20 21 Edmondson: Karen, what did you say where the discrepancies on this part, that you 22 resolved in the work session? 23 .4 KPG: The landscaping number, the 25,000 square feet versus the 27 they had 25 shown, and I believe the applicant has agreed to correct that. 26 27 Edmondson: Okay. 28 29 Mayor Stacy: And we also, we discussed the west wall elevation in work session, and 30 they implied that the north wall that extends beyond the present Eckerd's 31 would be done a similar way, with the two-toning and so forth. I'm sure 32 we'll see the elevation here again in a minute, but that's what I understood 33 at the work session. 34 35 Edmondson: All right. 36 37 Mayor Stacy: So that it's the same on all the way around there. Any other questions for 38 Karen? Thank you, Ms. Gandy. Is the applicant here? 39 40 David McMahan: Mr. Mayor, members of the Council, ladies and gentlemen of the staff and 41 audience, my name is David McMahan, 1335 Hidden Glen, Southlake. I'm 42 here to represent the applicants and the owners in this zoning request. I'd 43 be happy to answer any questions you have. There were some changes that 44 we probably need to visit slightly about. The, in your review letter dated 45 2/2/99, well first let me say we are requesting approval as approved in the L'6 prior meeting but then the staff added some new comments that I need to 2 )6 6-31 1 address at this time. One would be, and I want a clarification of this, if you o.2 don't mind, item 3 where it talks about requiring additional cedars. It's my 3 recollection that in reality what we agreed to do and what you all wanted us 4 to do was work with staff because we don't know for sure that there's even 5 room for any additional cedars in there. But it was my recollection that we 6 agreed that we would work with the landscape architect, if there's room 7 and he wants them there we'll put them in, otherwise we would not because 8 we didn't want to overplant that area, so... 9 10 Mayor Stacy: I must apologize to you on that particular item because I've been instructed 11 by my wife to never vote for cedars `cause all of our kids are allergic to 12 them. I mean we don't want them in the back so... 13 14 McMahan: Well, we meant to say were firs... 15 16 Mayor Stacy: Some other kind of tree would be...I cannot vote for that. 17 18 McMahan: I understand. 19 20 Mayor Stacy: My mesquites... 21 22 Debra Edmondson: I won't vote for anything but cedars. I'm just kidding, Mayor, I'm just 23 kidding. 4 25 Mayor Stacy: I might also add... 26 27 McMahan: This is good because there's a new strain called a cedar fir that we're going 28 to put in. 29 30 Mayor Stacy: I might also add we are one person short tonight so if you feel at any time 31 you might want to wait for a full Council, you have that right. 32 33 McMahan: I appreciate that, very much. I really just wanted that more as a point of 34 clarification and make sure we understood what it is we're supposed to do 35 on that. And then item 7A, is the only, all the other comments that they've 36 added we'll be happy to comply with, there's no problem there, except 7A 37 and where we're talking about the tilt but we went through that. That was a 38 mislabeling, it is not painted, it is stucco finish like all the rest like we 39 discussed it. And that's mislabeling on that part. With that, I'll be happy 40 to answer any questions. I believe I'm right on that. Greg was there, isn't 41 that correct? 42 43 Greg Last: I believe that's it. The articulation would be in accordance with the fairly 44 detailed review that we went through on the first reading. They have made 45 dramatic attempts toward complying with that and are out a couple of ikuiy 6 places, but the motion would be the same as previously discussed. 100-3Z 3 1 ,,2 McMahan: And we can meet those. 3 4 Edmondson: Yeah, and that's what I'd like to discuss and I called David earlier in the 5 day. When I reviewed the elevations that were submitted with this plan, I 6 found that they were quite different from the pretty pictures brought in the 7 last time, at least on certain sides. So, my question to you is, which one is 8 correct? 9 10 McMahan: Well, what we are proposing is the latest renderings that we have shown 11 you. If the differences exist, and there are some differences, it was our 12 understanding, this was our interpretation of what we all agreed that we 13 would do, along with another meeting we had in depth with staff to work 14 out some articulation problems that we had, and let's get into it. This, I 15 believe, was one of your concerns, Councilmember Edmondson, was the 16 west side. 17 18 Edmondson: Yes. 19 20 McMahan: So let's talk about that one, and let's look at. This was the original, here. 21 Let me just hold that. Now what we didn't, what the architect failed to do, 22 and he's been chastised for this, is that we let these flat canopies which we 23 agreed to replace with the bubble canopy. We will replace those with the bubble canopy as we agreed to do. They're simply not shown there, but 25 other than that, I don't know that, I think it's pretty close to what we had 26 before. In fact... 27 28 Edmondson: All right, what about the issue of the relief in the concrete? 29 30 Scott Martin: On the color drawing, David, it shows some splayed lines that go out from 31 the center of this little arc, and yet they don't appear on the bluelines that 32 we received in this packet. 33 34 McMahan: Okay, I couldn't, I can't respond to that because I didn't see the blueline, I 35 apologize. But these will be reveals. 36 37 Martin: Okay, and inside those I think you still show this radial line, two or three 38 radial lines, right David? And... 39 40 Edmondson: You will do that on the building? 41 42 McMahan: It will look like this. Mr. Twitchell? I'm getting that confirmed there, but 43 will look like this, what we're showing you right here. So, I really don't 44 think it's that different, Ms. Edmondson, other than the canopy's not on it. 45 L 6 Edmondson: Well, I think it was quite different. Iob 3 4 1 ,2 McMahan: Really? 3 4 Edmondson: Yes. 5 6 Mayor Stacy: Do you like it better? 7 8 Edmondson: Oh, yeah, I like what I agreed to last week. 9 10 Twitchell: She didn't see what you held up, David. Here's... 11 12 McMahan: I'm having some real trouble seeing the difference. 13 14 Edmondson: No, look at your blueline. 15 16 Mayor Stacy: No, well the bluelines doesn't have the reveals on it, yeah. 17 18 Edmondson: Right, the blueline didn't have any of that. 19 20 McMahan: But this is what we presented in the pretty pictures you referred to. 21 22 Mayor Stacy: So...right. 23 4 McMahan: Now those that you have... 25 26 Edmondson: All right, now the northern elevation on the Tom Thumb building. 27 28 McMahan: Which elevation, I'm sorry? 29 30 Edmondson: Northern. 31 32 Mayor Stacy: The north. 33 34 Edmondson: All right, that one also was quite different in the submittal from what I 35 believed I was voting for last week based on this drawing, colored drawing. 36 37 Mayor Stacy: Did you vote on the pretty picture? 38 39 Edmondson: Right. This is... 40 41 Mayor Stacy: The pretty picture. In the work session this evening they explained to us 42 that the pretty picture is what's before us. The bluelines... 43 44 McMahan: The bluelines have been resubmitted. 45 6 Mayor Stacy: I know. 5 101).34 1 2 McMahan: But this is what, what we're presenting to you that we're going to do. This 3 is our intention right here. 4 5 Martin: Did our staff have copies of this? 6 7 GL: I'd like to as part of the motion hold those hostage until we get a set of 8 plans that complies with them. 9 10 Martin: Okay. 11 12 Edmondson: Oh, absolutely, because the elevations in here, particularly on the north and 13 west... 14 15 Ronnie Kendall: But can't we make our motion according to those drawing if we label the 16 drawings? 17 18 Mayor Stacy: Yes, ma'am. Certainly. 19 20 Martin: Yeah, but we just need them to be in Greg's possession. 21 22 GL: Yeah, they'll bring us a set of prints that match that... 23 c4 McMahan: That's correct. 5 26 GL: ...in the next day or two, but I'd like to hold those until we get a set that 27 matches them. 28 29 Martin: Then they can have them back. 30 31 Mayor Stacy: We can actually number those drawings with this... 32 33 Kendall: Yeah, let's label them. 34 35 Edmondson: Rather than go over it point by point, let's just agree that the pretty pictures 36 will be part of the submission. 37 38 McMahan: That's fine. We have no problem with that. You bet. 39 40 Edmondson: Okay. All right, fine. 41 42 Mayor Stacy: Would you get her an extra copy of the pretty pictures? 43 44 Edmondson: I've got one. 45 L6 Mayor Stacy: Okay. 6 1MQ-26 1 2 Edmondson: That's how I noticed there was a difference. 3 4 Mayor Stacy: Then throw the blueline away. 5 6 Edmondson: All right, now, I know, I thought in our discussion, you had told me that 7 you were going, the 35' drive you said it was going to be reduced to a 30'? 8 9 McMahan: That one section? Yes. 10 11 Edmondson: Yeah, in front of the Tom Thumb. Right, you show it as a 35. 12 13 McMahan: I can't respond to that. 14 15 Mayor Stacy: Can you show me which one she's talking about on the wall here? 16 17 Twitchell?: Yes. This is mislabeled, it does say 35, once again...well, actually it's 25' 18 fireline, lane. There, it could very well be, but that's got to be 30 then. 19 20 McMahan?: That's just mislabeled. 21 22 Edmondson: That's what, okay, I wanted to check because you said you had dropped it 23 down to pick up... '4 25 Twitchell?: We did that because we picked up more... 26 27 Edmondson: Right, greenery. 28 29 McMahan: ...area here, that allowed us to change the radius on the curb and you notice 30 that we put that in. In fact, this is a colored rendering of it. It gives you a 31 little more idea. And the area I will point out that staff was talking about, 32 the crosshatching, this is crosshatched differently in a different type of 33 crosshatching, than is over here, but that is planting material in there. 34 That's that comment. 35 36 GL: Councilmember, can I make sure I understand fully on the 35' issue. He 37 had committed on that drive that's in front of the building to go to 30, but it 38 was not your intent for the drive that intersects White Chapel to also be 39 reduced, is that correct, because the way they've got it set up allows for 40 three lanes, one in... 41 42 Edmondson: Right, right, he had just re... 43 44 GL: Okay. 45 L 7 !Ob-3l0 1 Edmondson: And the only reason I bring it up is because it was the narrowing in that one ,2 area that allows them to pick up some more green space. 3 4 McMahan: That's right, which we did, which we did. It was added to the islands, 5 essentially down here. Everything moved up and those were enlarged. 6 7 Edmondson: All right. 8 9 Kendall: But David, at our last meeting we talked about how this development was 10 going to increase traffic flow along White Chapel, and we talked about you 11 adding a third lane. Greg, is that something we should add to the motion? 12 13 GL: I'm sorry could you repeat it? 14 15 McMahan: Talking about, that we agreed to work with staff in widening this area 16 through here as a third lane, and that probably should be put in the motion. 17 I would agree with that. 18 19 Mayor Stacy: `Cause you've already donated the right-of-way for that. 20 21 McMahan: Yes. 22 23 GL: For the right-of-way, there won't be a right-of-way dedication, an :4 additional right-of-way dedication there. There is on the next item, on the 25 plat on the south corner. We did say that the additional pavement width 26 would be part of the future negotiation on the developer's agreement, and 27 he had committed to do that. 28 29 Kendall: Okay, so that's just going to be covering the developers agreement? Okay. 30 31 Martin: Greg, was that included...t 32 33 KPG: In the previous motion, yes. 34 35 Martin: ...that motion last was so complicated that was included in the previous 36 motion? 37 38 GL: I think we did include that in the motion where we just stated that... 39 40 Kendall: `Cause when I read it again I didn't see it. 41 42 GL: I think it was in there. 43 44 KPG: Yeah. 45 L 8 10b-37 1 GL: It needs to state something to the effect that negotiations related to (6,2 additional drive lanes will be done during the developers agreement. 3 4 Kendall: Okay. That's in there somewhere? 5 6 KPG: Yeah, it was working with city staff to... 7 8 GL: Yeah, their engineers were going to meet with our engineers to resolve to 9 the extent and length, but the actual fiscal obligation would be resolved 10 during the developers agreement. But I think that would be good to add to 11 the motion. 12 13 Edmondson: And then you also had agreed to provide shields to keep the lighting on 14 site. 15 16 McMahan: That's right. 17 18 Edmondson: Correct? Okay. 19 20 McMahan: We will comply with the ordinances, with your new ordinances you have 21 on lighting, and provide the shields. 22 23 Edmondson: The new ordinances in lighting, is that what you said? cy'4 25 McMahan: Urn hmm. 26 27 Martin: We hadn't heard the new one. 28 29 McMahan: From this point in time. 30 31 Edmondson: Okay, because there is a new one corning, if you'd like to comply to that 32 one I'd be more than happy to accept that offer of compliance. 33 34 McMahan: I appreciate it, I think not, though, thank you. I do appreciate the 35 opportunity though. 36 37 Edmondson: All right, one other thing. What progress, if any, has been made regarding 38 the shutting down of the southernmost driveway along White Chapel? 39 40 Mayor Stacy: That I can confirm that through the city manager's efforts, the present 41 occupant has agreed to close that, I mean for us to close it, but he doesn't 42 want a median there. 43 44 Kendall: But he'd rather not have a median? 45 L6 Mayor Stacy: Right. 9 10b-3g 2 Edmondson: He means right across the driveway there. 3 4 Mayor Stacy: We can close the southernmost driveway and it goes into Magic Mike's, as 5 a part of this road widening and so forth, and he can enter from the next 6 driveway if that's acceptable to the Tom Thumb people and everybody 7 else. 8 9 Martin: That's tremendous. 10 11 Edmondson: Great, wonderful. 12 13 McMahan: That is acceptable. 14 15 Kendall: Yes, that's wonderful. That's very good, `cause that was the driveway I 16 was the most concerned about in this whole property. 17 18 Edmondson: Now will that be a private thing, I mean a separate thing or will it into this 19 somehow? 20 21 Curtis Hawk: I think we need to just get their acquiesce to that. 22 23 McMahan: We've agreed, we have no problem with that. Once again, I have, we have 4 no authority... 25 26 Mayor Stacy: Correct. 27 28 McMahan: ...to say you can do it, we're saying we don't have a problem with it. 29 30 Edmondson: Okay. 31 32 Mayor Stacy: Mr. Farhat does not have a problem with it either as of today. Make it all 33 safer. 34 35 Edmondson: Wonderful. Good. 36 37 Mayor Stacy: All right, any other questions for Mr. McMahan? Thank you, sir. This is a 38 public hearing and I would like to open the public hearing at this time and 39 ask if there's anyone in the audience who would like to address the 40 Council? Seeing none, we'll close the public hearing. 41 42 Martin: David, I apologize, I'm making notes on this complicated motion. I forgot 43 to ask a question. 44 45 McMahan: Sure. L6 10 IOb-37 1 Martin: I would it appreciate it if when you guys detail that west portion of the 2 Tom, I'm sorry, the east portion of the Tom Thumb that is north of, right, 3 the one that doesn't have an elevation, and you've agreed to duplicate the 4 detailing work that's around the west and the north side, right? Look at 5 that and see if you can come up with a canopy like the bubbles you're 6 going to do on the other side, break up that surface some so. There's such 7 a huge blank surface, and I think that will add enough emphasis to keep 8 people from looking behind the building as they drive by. 9 10 McMahan: I think I can commit to that. I will point out to you too, Councilmember 11 Martin, in the last meeting we had agreed and we added this and then 12 they'll be the trees planted and taller shrubs. These come out close to here. 13 So got a really thin sight corridor anyway, but yes we'll be happy to do it, 14 that's not a problem. 15 16 Martin: Thanks, that was all. You guys don't have any problem with the screening 17 of the mechanicals on top of the buildings, do you? It was just a general 18 note on the drawings, you all didn't ask for any relief from that. 19 20 McMahan: No. 21 22 Martin: Mr. Mayor, let me get all my numbers here. Mr. Mayor, I move we 23 approve case ZA98-156, pursuant to staff review letter No. 3 dated L4 2/2/99, the motion shall include all items in the previous motion, as well 25 as accepting the agreement on item 1B; on item 7A allow as shown, 26 accept the applicant's commitment that all tilt-wall will have an 27 applied stucco finish; 7B, accepting the applicant's commitment to 28 provide an elevation on the east facade of Tom Thumb, north of the 29 Eckerd's, typical of the west elevation of Tom Thumb; accepting the 30 applicant's commitment to revise the west side canopies to a domed 31 style; accepting the developers' agreement to construct the reveal, 32 painted accent areas, and domed canopies on that northeast section of 33 wall again, northeast of the Tom Thumb wall; revising item No. 3, let 34 me make sure I get this one right, requiring that the landscape 35 administrator agree to any placement of additional plant materials in 36 the no-disturbance zone in lieu of the 10' screening wall; and accepting 37 the applicant's commitment to comply completely with the vertical 38 articulation as at the last meeting; accepting the applicant's agreement 39 to leave with the staff the color renderings of the specific detailed 40 elevations for the design, detailing and materials used until subsequent 41 construction drawings are resubmitted; agreeing that the applicant 42 shall bring forward at the time of the developers agreement the plans 43 to extend the full middle turn lane to beyond the main entrance in 44 front of the existing Eckerd's store today with the transition lane going 45 further north from there. 6 11 1 Edmondson: Second. 2 3 McMahan: Mr. Mayor? 4 5 Mayor Stacy: Go ahead. 6 7 McMahan: `Cause we're missing something you guys want. Excuse me. And it 8 occurs to me, and we discussed this in work session, that Ben Henry 9 with the Park Department talked with us about relocating 8 of these 10 car parks, I said 7 in work session, I'm sorry it's wrong. We'd turn 11 these, we'd have 5 parallel here, the demsey dumpter moves down a 12 little bit, and then we would put those 8 here. I'm sorry, we did talk 13 about that, but, we agreed to do that so I think you might want to add 14 that. 15 16 Martin: I forgot, I forgot. Okay, I will amend my motion, acknowledging the 17 applicant's agreement to relocate 8 parking spaces from adjacent to 18 the tennis courts as indicated this evening to northwest quadrant of the 19 site and accepting the commitment to come up with an agreement with 20 staff for some partial use of our property. 21 22 Edmondson: Amended second. 23 4 GL: If I could offer one addition... 5 26 Martin: Okay. 27 28 GL: ...would be the verification that that drive along the front goes to 30' even 29 though the plan shows 35. 30 31 Martin: Yeah, and I so amend my motion that the drive will in fact be 30 and not 35 32 as shown on the drawing. 33 34 GL: Just for clarification so there's no confusion, on the parking that will 35 go to the north, that property, although being used for some park 36 improvements is not technically park property, but it's still okay to put 37 that use there. 38 39 Martin: Right, it is not technically park property. You're absolutely correct. 40 41 Mayor Stacy: Can I have one.... 42 43 Martin: And also acknowledging, I'm sorry Mr. Mayor, that the triple lane entrance 44 shall not be affected by the reduction of the driveway. We'll still have the 45 three lanes off the middle of White Chapel. And further adding that the 6 applicant has agreed to work with the property owner to the south in the 12 10D-yi 1 corner to eliminate the south most driveway on White Chapel Road to the 2 west. 3 4 Edmondson: Amended second. 5 6 Mayor Stacy: I have one question. And it may be that I was listening too fast. On that 7 northeast corner that's north of the Eckerd's, did you include canopies? 8 9 Martin: I really asked them to consider that, Mayor. 10 11 Mayor Stacy: I heard them say they weren't going to put canopies over there because of 12 the dumpster or something. 13 14 McMahan: Excuse me, where? 15 16 Martin: On that side just north of Eckerd's. On that wall. 17 18 Mayor Stacy: The part that extends...right. 19 20 McMahan: Here, we said we would look at it. I do have a question. On working on 21 the driveway you were referring to this driveway? 22 23 Martin: I said the south-most driveway. 4 5 McMahan: You said going off to the west or coming to the west `cause I heard west at 26 the last, I want to make sure... 27 28 Mayor Stacy: The southernmost entrance then. 29 30 Martin: It accesses White Chapel west, onto that subject property. 31 32 McMahan: Okay. 33 34 Mayor Stacy: Okay, any other questions or suggestions to that complex... 35 36 GL: On the canopy north of the old Eckerd's building, is that at their option? Is 37 that something they're going to look at? 38 39 McMahan: We'll do it. 40 41 GL: Okay. 42 43 Mayor Stacy: Are you going to look at it or do it? Any other questions? Call for the 44 vote. 45 6 Sandy Legrand: Councilmember Edmondson? 13 10D-LI2 1 2 Edmondson: Yes. 3 4 SL: Councilmember Evans? 5 6 Ralph Evans: Yes, ma'am. 7 8 SL: Councilmember Kendall? 9 10 Kendall: Yes. 11 12 SL: Councilmember Moffat? 13 14 Wayne Moffat: Yes, ma'am. 15 16 SL: Councilmember Martin? 17 18 Martin: Yes, ma'am. 19 20 SL: Mayor Stacy? 21 22 Mayor Stacy: Yes, ma'am. Approved 6-0. Thank you. The next item is 7B, ZA98-135, 23 Plat Revision for the same subject property... �?4 L 14 lac-y3 4 Vicinity Map LOT 1 BLOCK 4 ey e® a I gin to a _ g ' a % I f' O�C�TlO N \ IN, ' SFTegc IN. \ J k \\ t \ OWNERS: CAROL JEAN PETERKA VOL. 8516, PG. 595, D.R.T.C.T. LORRIE W. BECK VOL. 9799, PG. 1213. O.R.T.C.T. V( V( V( y \ 1 \\ \\ 40 Q 3' \ \ Qy Q• ZONED: j NRPUD L.U.D.: /MIIXED USE V / • • APPROVED PR -LUMINARY PLAT /CA32 NO.: ZA 88 -101 MAINSTREET A 00°04'21" R=5308.84' T=3.36' L=6.73' LC=6.73' S 61006'32" E \ ZONED: C3 L.U.D.: MIXED USE CAROL J. PETERKA ET AL VOL. 8516. PG. 595 D.R.T.C.T. --------------- 15' DRNG`•ESM'T. 20' UTIL. ESMT. ------------ '1 ZONED: C3 L.U.O. MIXED USE DIAMOND SHAMROCK CORP. VOL. 6812. PG. 2108 D.R.T.C.T. ZONED: C3 L.U.D.: MIXED USE LOT 4, BLOCK 2 HOME DEPOT USA 19 co ma j 20' UTILITY EASEMENT 47.5' DRAINAGE EASEMENT �fo1 9 ZONED: C3 L.U.D.: MIXED USE LOT 3, BLOCK 2 T&M SOUTHLAKE OEV. CO. nj 40' COMMON ACCESS L=42 W 1 W VOL. i 1528, PG . 825 O.R.T.C.T.UTILITY EASEMENT p j 40' COMMON ACCESSEST t z s---------- --- 44.68'I & UTILITY EASEMENT W EAST 319.50' BLOCK 5 a o OMMON OPEN SPACE o — -I- .-- -- '-------------------- r, F 24 ° 29 ' 41 " I % 50' COMMON E-1 - E, o 13B.OM 2i R=100.00' I % ACCESS. ESMT. W 133, 178 S.F. . F . T=21 .71 ' U ( cr 0 3.057 AC. L=42.75' O'm ZONED: NRPUD TREE LINE Id ZONED: C3 L.U.D.: MIXED USE ! L.U.D.: MIXED USE � I LOT 1, BLOCK 2 43.5' 25'/`OMMON I JAMES P. FARRAR ACCESS ESMT. 23.5' 15' UTILITY ESMT. 6' PEDESTRAIN ESMT. 32' BLDG. 4TjBACK I ........................................... - .................... __ N 9 ° 39 ' 55 " W q4 7. 21 RICHARD EADS SURVEY ABST. 30- NO. 481 EAST SOUTHLAKE BLVD.—L .M. 1 i 0 ) UTILOIT YI NAGE ESMT. DINT OF J.A. FREEMAN SURVEY ABST. N0. 529 —'- --- --- --_ BEGINNING (130' R.O.W.) SURVEY LINE ----------------- --- ----- - - ---- - - ---- - -- - -- •---------...------- - i j._. --- ZONE . 01 N ZONED: C2 % ZONED: C2 % •• % 04 % ZONED: C2 L.U.D.: MIXED USE L.U.D.: MIXED USE L.U.D.: MIXED USE ZONED: C2 LOT 1, BLOCK 1 Q L.U.D.: MIXED USE LOT 2A, BLOCK 1 LOT 6, BLOCK 1 L.U.D.: MIXED USE 7 LOT 1R, BLOCK 1 SMOCK & HUSSEINI JOINT VENTURE EARNEST E. TAYLOR MARTIN W. SHELING• LOT 5, BLOCK i VOL. 9474, PG. 1084 'VOL. 10986, PG. 2185' 1 PAUL R. & DOREEN BRUTON GARY A. & JANICE L. MYRON O.R.T.C.T. P.R.T.C.T. VOL. 12263, PG. 2227 Q O.R.T.C.T. GORBUTT A DO I T I ON OOMUTT ADD I T I ON m I I; M iA(D®I T I ON VOL. 388-205, PQ 10 VOL. 388-205, PO. 10 CAOL A, SLIDE 1252 P. UL T. C. T. P. R. T. C. T. P. P. T. C. T. 1� FOR INTERIM REVIEW ONLY Not for bid, peni* or cor>�tn 0AI P ding P� pvWblr_W,J. Wig P.E. MAR 2 0 2000 �44 Date 0 50 100 200 � y SCALE:1"=100' LEGAL DESCRIPTION BEING a 9.907 acre tract of land situated in the Richard Eads Survey, Abstract No. 481, located in the City of Southlake, Tarrant County, Texas and being a portion of a 58.0193 acre tract conveyed to Carol Jean �Peterka as recorded in Volume 8516, Page 595, Lorrie W. Beck as recorded in Volume 9799, Page 1213 and Volume 9849, Page 2115 and Leslie W. Klingman as recorded in Volume 9799, Page 1208 and Volume 9849, Page 1210, Deed Records, Tarrant County, Texas. Said 9.907 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a point in the north right-of-way line of Southlake Boulevard - F.M. 1709 (a 130' R.O.W.), being the southeast corner of said 58.0193 acre tract and being North 00°01'16" West, 65.00 feet and North 89°39'55" West, 20.00 feet from the southeast corner of said Richard Eads Survey; THENCE North 89°39'55" West, along said right-of-way line, a distance of 447.21 feet to a point for corner; THENCE North, leaving said right-of-way line, a distance of 577.29 feet to a point for corner; THENCE North 30°00'00" East, a distance of 881.61 feet to a point for corner, said point being the beginning of a non -tangent curve to the left, having a radius of 5,308.84 feet, a central angle of 00°04'21" and a long chord of South 61°06'32" East, 6.73 feet; THENCE along said curve an arc length of 6.73 feet to a point for corner; THENCE South 00°01' 16" East, 1,340.16 feet to the POINT OF BEGINNING and CONTAINING 431,570 square feet or 9,907 acres of land, more or less. QUANTITATIVE LAND USE SCHEDULE PHASE 3 TOTAL EXISTING ZONING: NR PUD NR PUD & C-3 EXISTING LAND USE: MIXED USE MIXED ISE NUMBER OF LOTS: 2 27 GROSS ACREAGE: 9.907 AC. 128.864 AC. NET ACREAGE: 9.907 AC. 103.382 AC. ANTICIPATED COMPLETION DATE: x X 15.571 ACRES IS ZONED C-3, THE REMAINDER IS NR PUD. XX FULL BUILD OUT IS PROJECTED TO BE 5 TO 10 YEARS. OWNERS CAROL JEAN PETERKA VOL. 8516, PG. 595, D.R.T.C.T. LORRIE W. BECK VOL. 9799, PG. 1213, D.R.T.C.T. VOL. 9849, PG. 1215, D.R.T.C.T. LESLIE W. KLINGMAN VOL. 9799, PG. 1208, D.R.T.C.T. VOL. 9849, PG. 1210, O.R.T.C.T. ALL OWNERS ADDRESSES: C/O COOPER & STEBBINS, L.P. 1256 MAIN ST., SUITE 240 SOUTHLAKE, TEXAS 76092 (817) 329-8400 FAX .817) 251-8717 PRELIMINARY PLAT BLOCKS 22 & 23 SOUTHLAKE TOWN SQUAR E A 9.907 ACRE TRACT OF LAND IN THE RICHARD EADS SURVEY, ABST. NO 481 CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS 2 BLOCKS BEING A REVISION OF PREVIOUSLY APPROVED BLOCK 18 DATE: 20 MARCH 2O00 SHEET i OF i DEVELOPER COOPER AND STEBBINS, L.P. 1721 E. SOUTHLAKE OLVD., SUITE 100 SOUTHLAKE, TEXAS 76092 (817) 329-8400 FAX (817) 251-8717 ENGINEER Graham Associa tes.Inc. CONSULTING ENGINEERS & PLANNERS 616 SIX FLAGS DRIVE, SUITE 400 ARLINGTON, TEXAS 76011 (817) 640-8535 REO'p MAR 2 3 2000 CASE NO.: ZA 00-029 i,� A.Aia I .0 , , r A 7 z ilo 0 *d 4P po o014 city, t o'011j, on te to d" of- t"111 $410 it, 0 Pr Scie. Swivew JJW Jpf ' AAA 403MIli P go", n U *Nil" N%A&l XhiiAbbined fm%i, 46%V . . 11 I . . . , . - . lot 14jWr pelt$ S�r i"id PA. )*V Afttract F4 :� , �' "tin" ofAM 9M WT E INMI ."Alog'.D604 the nwthws p# a tract conv,eyed to 4,"a, ww. I O.2761. A""'C" 'ar V(X TKO D&UN CaWMA TOV 27"- LOT 3.1 _.V0106 E $2 V o*6 VM,. - 2361, PG. 162 D. R. D, C. T. DALD C. T. R . 0 ARICAr. Ab tO hi Cit �y Of SoWhfte S. ot a in ZOAED, SR CAS. 0. $CA ZOAW# AG yZoAa A0 T S 00:,_ ST t #)ia, a Aosd and a long the mateL C*Vter Of 577 f 22 f0t. to: RO --of said :Wet PoInt of iV A*&O PvW. a .. '�tr line of a ginnlh _:O i q: by do"'(*CO%60 In lem ftgo osed P7 *w*0W to S 90 *00 (Nop 5,0 L71A 00 � L ej* �40 AM 'or Hpngion Mij *, " convivy" tt 14 0 W DedkoNdft- T. t n 0 Wft ClOrg's "Ft MW i4w* hi siouth (I J80 W1 Q% T. tW �0884 )C f 7��7 *6140: 1110livo fft, 2 a Ad"tao" on hij*e. I a Tra# ra# N 15 E"� ion to -th* D*nt*h 4"4M WIP I ift 127 ttf I j". o*aM, a ,*4 f vie -v*~ ost found. gold corner _t, to a f "ea VICINITY MAP "it '*it4 Cho pop 015SCWTIVE R. 0. W. 70 4 0111iO 16 TO W Doom Tre "16, bsv�thwjwth' I in@ of a coverwo -j Block 4 bv 04 "tordid swty*,tI*ri Flft�,Numbwr LT4 t C 276'0 shd'tfW h6rth line of a ftivin.: qt s2 tr �'*t &I by dood r*corftd 1$1 Uft *aft PAO 17f% 3 4 -'#"t to 1/k ti�a' n pin found. sold iNW a ift e rn . _ WWT�. , - a *Mlp, rAwn tratt.- 810& ne4 4 S L. *A'rn a dat&fte of foiot_� to P.'Xii, Wail, set., �soid P '50-45- E along trio approximato canter of T.W. King fted. a distance of 99 46 ther�opvroXibsto center of THENCE N 07 UY16 40'St ing tjW obtithiost W Is Ar*ct. said PA. Nail altor'b$4"gi nor ii f si.ojit i4twoon pro"*idZ - il found: WRE W, QWMY TA. Kina R440 THENCE N 99*58'40" W departing the approximate center of T.W.- King Road and along the I VOL. IWI. PG. 121 D. R. D. C. T. 146 146 f 146, "50* E along tr4 approximeto center of T.W. King %ad. a distance,of 211.66 !"EW N 00,05 Ity of Southlake by deed recorded in Volum 3W tott t04..P.K. Nail fOUnd:. t. conveyed to the C on the Lm Ll ZOAEV AG Page 553 OFUCT. a diste o a 1/2*. iron pin found.. said Iran pin also being T* /80 -not 8. 611da 189 M I I THO" N 25 -25 E a long the approxisatt center of T.W. King Poa(L a distance,of 90.03 east line of Trophy Club Section 10 as recordoId in Cabi PRDC. AIRMAWAR %Qj U 9L.? AWPO W i cr_ fait .-td, a P.K. No i I f ound: ENCE N 00 -00 14- W along the east I i THE no of sajdL Trophy Club Section 10. dis 65.469 acres Of 146 6 QD 0 72 6— _j K , 146' f 6 300.57 F 14 14 tu contain" 9.851.821 square feet or Kin Road. a distance of THENCE N 23*03'04* E along the approximate Center of T.W. 9 land. more or lose. feet to a P.K. No i I f ound., Co 4 0 6W. Line 3 3t Dense Tree I Coverage BloCk 5 76 RACT Ist 7' 2nd TRACT LOT 2 AO&TXW 6 D. PRICE Ab. 9W 15 'S L. N 16 i EDWIP. NEAVM CAB. 0. SL ADE 19 7 P. ft. D. C. T. IV. 342 Den" Tree VOL ZOA" RE a. r. RUTH-EW A TT 1 7 U J0 Coverage 4 A6 4 FLE ft. .9 IBloCk 3 D.R. .C. T. Fence Axj@L L Found I," 20 57 P 1 276, 31 dw 4w aw wwmwmww� an 4M awwwwwwwo am dm am 001�� &W. WRIWAMMOM11� 2P 4ft dew* w* Nal F und L — 1-101 I147' 1 146 5 �M. E. 14 6 1 146 _40= T_ 142 141 141 14t, tje 131, 00', 141' 150, 1540 5 I U. E. 14,v 143 .......... N F9 T8 W V Y1- U 4j- — 7 If 115 146 146, P. K. AA@J I Found �j -WUTk1.AKE C41ry (b Ch VOL 38-3. 5,63 P. R. D. C. T 43 15 t 16 7 18 L I q I 1 (3 6 8 14 13 "' 10 12 13 14 12 7 (PUBLIC) Im 6 .81OCk N 3 -0 0% 'E 4,0 ift 300.57' 40' 1.14 40 Bldg. L I t 142 138' 143 141' 142 112, 146 140 iL (b A'1 A-9 v%n 1370 137, P.K. J 90 150 I10 r4l 11 —1 14.311 145 ......... 14t, ou r-74; 143. ....... r R- L N 25 025 '35 T 124 152 154 40' L W. 03' —4 0 Bldg. Line Wil .... Block 2 Block 3 lb P. K. Wh J I 5cottered L-U cattered Trees co 3 2 Trees q 5 4 10 7 2 FOT I` co 3 4 7 6 co 5 �t 8 04 9 Q: - N 00 005 NE IN 211. 66 tj 70 Q0 I Tr" Lin& R.D. PRICE SWVEY ABSTVRMACT .9.92 .............. 0�P-Ppe- ........... ................. R. D. PRICE AWT"CT ft. .992 ........ ...... w 14 14 137 137 139- /8 7" 5, u. 186 151, 14.9 L Sam 35] FY Aissmer Aoo. 677 SL#ft1E`Y LW _WLS Wft" ABSTRACT NO. 8" Fence IS '10-N 419. 98 AM AdLLSsLiew 2540 Nail N 89 4 WLL1 N 89 `37 44 pit Corner I00 t TRACT I 7R4CT / AAVREW J. GAL JONN M. 6AL. VJV Ig CO WLLIAM LAMORE4UK. 'M LAVOWAW. W WILLIAM LAMOREAUX. N CO Rpamr j. "L m WAVY ADAMS LAAMEAUX W_WY ADAA6 LAVOREAWY 10 a4W L L ADA 6. GAL W 'SAU, Y i No AWOMEW SALL Y LAMORE4UY O*WAIS AMOREAUY Q*MW ma 'DI. R. D. e. r, SALL Y L PS FU ft. W-ROWD 70 D. R. D. C. T. VOL. 4298. PG. 1766 D. R. D. C. T. AX. 49N I= VOL. 4298, PG. 1766 D. R. D. C. T. ZCAEP, AG ZOAW# AG co Z0AEDj AG ZqAWt -M CROWNRIDM)WDMON 65, A(� 0) jSY_ q owl IN In T% 62F A elopment Co ft 0 %'U-A� T ,A 10 w 7F RES nW TW DRIVEWA' �274OL:�' OF -low SOUTHI.M^ MIMI TEX" EU W%N%WIF 0 I " � *, I'll 77WO *W to 1W &"*VY d 'Ph. '8V W. Kfte 4"S L S to T Roc4 with Me o;;*w MOO*' =ob to T W, !fir I A05 IlIrot i -g '7f, Y Y 7t 'I 41 .4m "W - mg. z 4, _0 A 5 j� t . obk- m6? to -"NP*-a y . Q, 'Ail T IL 77 tp -0 mp" -'o AMA ACRO TC wt p "-w MINT, W, ;W A' OiW :4 6- .15 4440 jUMT A 6 16 MET Ea -4', 11�T . .18 So, .0.50;, 4 -U 4 --W�ET -%E 0 .1 15 V'-, AD. 10.2 "v low, - to, MT—EM 14 -0.6'. '140.50- -EX#1,S-;Q. -JOFES RD. 4, 4 7i '.60 0 4:' SO'. OROP M-ET .8, 15 10 Mgft� 40 v Him mom 5'.8 9.6- DiTWWI*TE CHAPIEL RD. jr NSWIM: No' j We T, BAR A -SHEET .7 9.6 35'.5- n:*W OFF-CATE 1K Datent WE R. 0. W. DROP WET MCINITY MAP 'Toutlet ure 7 -so 7 S DROP H-ET HAS kpck 4% A* OS-i*3 2.3 4- Sd, DROP WET -0, w .0 .15 9 9 1 1" DfTCH/8OB JONES RD. — "I .. I I . . I . . . 1.9 0'50 1'0, 15 9.6 9.1, W- DITCH EX.S.D. SYSTEM m 3 Wj ct 4j 4%knctj 630 4� M-M LCI rl I I- rMIA QL J 145 16 3 - :. I I -A S. GRn1c SCALE A 00 too .150 2001,-. 4 j, PCk 3 50 grop rnlet tit 16 17 13 14 Aj 4 '�Vnc t 114 40j + 4& 1=1 T&O DRM %,am f I 4. Znlet BIOCk 3 Q. c; 3 2 4 Drk* Rau . ............... 114,2 CRO"'RME MUPAM 13Y., OWNUMMULMEX BMW eve1(Dpme1mt.j1fm%o —TWd 65 "& � WDV W D T- &ft' NO TES rA, 2740 Fuller, #VTERNAL S TREE T SECTIONS ARE 24 Edge Pvmt. - Edge Pvmt. WITH BAR DITC�fES, EXCEPT T. W. KING ROAD 8 MEG C T. 111111 jar* -0 71 crm T � Mgs ::a , S..-.- .. -.. a .x rr Ott t .;.a♦. .. . . . �.: .. t a, _ § � E> . � >' d- :. .... :- ._ r.. ,.g,� - .. N .. 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"7'.-} w _. ,.. .. .. k [ - .. ,r: :. i .. , a _ s ,�.! .. r ,.. a - i• -:.. ._ i.. c c1r� -',�. a`: , ,. < ,: .. .. • _. ?.. .. , . s , : ,. ;, .•� -�: � . :fit ^�+',. y _ y� _ , , i i • Eft ,t e "9! r,r,c t Lj ti CM I VICINITY -MAP 07 N.T.S. bie 9 ti fA Arlr t„Y, FLOCK 21 FUTURE PARK 11' A. IM 0 0 2 ' B B 3 5' 43. 0 0 Cu • 21' .130' R. RIIFFFR YARfI SIIMMA[7Y ('PORT LOCATION WIDTH TYPE LENGTH CANOPY TREES ACCENT TREES SHRUBS SCREENING NORTH * — — — EAST 5' TYPE "A" 227' 2 5 18 NONE SOUTH 20' TYPE "0" 447' 18 13 63 NONE WEST I — — — _ — * NOT REQUIRED PER P.U.D. FLOCK 2?_ FUTURE DEVELOF�MELJT 40' COMMON ACCESS, DRAINAGE & UTILITY EASEMENT 24' FIRE LANE 1 =L _STRIPING YP• 10' MUNICIPAL 10'FUE CIPA UTIL. ESM;T. UTISM'T. 8' k ..fi 5' 64 7 I O I 10 13.5' p 43' -7 O N 6 O m I + 'Crl _-.. 15' R. 12' 2' R. P --tn - - -- - - - TYP. Ln 7 5 >/ J 43'' ' 8' �00 0 TEMA'ORAR _-STR_ - to t 5 s _% 9 d 7 8 O 1 �515 S t. z (\STOP Y\ \ I\ 4 S.G. Ft. \, U 20 9 0 a rn r 73' A 24°29'41" A--24029'41" R=100.00' R=100.00' T=21.71' T=21.71' L=42.75' L=42.75' GENERAL NOTES 1.) ALL STREET & PARKING SHALL BE ASPHALT PAVING W/CONC. CURB & GUTTER AND ALL SIDEWALKS SHALL BE CONCRETE. 2.) DUMPSTER ENCLOSURE SHALL BE GATED AND HAVE A MINIMUM 8' MASONRY WALL SIMILAR TO THE PRIMARY STRUCTURE. DIAMOND SHAMROCK VOL. 6812, PG. 2108 D.R.T.C.T. LOT 3, BLOCK 2 N T&M SOUTHLAKE DEV. CO. U' VOL. 11528, PG. 825 EAST m D.R.T.C.T. 44.68' I m I H W I 30' R III NOTE: ALL DIMENSIONS ARE TO BACK OF CURB UNLESS OTHERWISE NOTED. 50 COMMON ACCESS ESM'T. Y ................... . I IYY 15 ' DRNG. EASEMENT 5' TYPE "A" BUFFER YARD o g® 50 ' COMMON Cr��• ACCESS ESM'T. �� 25' COMMON �� IQ* ACCESS ESM'T. 4o LOT 1, BLOCK 2 JAMES P. FARRAR 10' R. 120' DRNG. & UTIL EASEMENT 115' UTILITY EASEMENT 1 Y V I00 Y Y Y 447.21' i —- N 69039'55" W 514.21 M N 30' R. K•== __- - -0 - --„__��___ _ titzzti.sz --= � 3-R. 32 BLDG. SETBACK EASEMENT W/ 8' TRAIL 30' DRNG. & UTIL. ESM'T. I 20' TYPE "0" BUFFER YARD 395+00 400+00 SOUTHLAKE BLVD. F.M. 1709) (130' R.O.W.) ------------------------ �_-- EARNEST E. TAYLOR LOT 6, BLOCK 1 ~ LOT 5, BLOCK 1 I � I LOT 1R, BLOCK 1 VOL. 10986, PG. 2185 MARTIN W. SHELING PAUL R. & DOREEN BAUTON Q GARY A. & JANICE L. MYRON P.R.T.C.T. VOL. 12263, PG. 2227 lb� D.R.T.C.T. No o O /00 v v A o`p A. Cr �o • ®IV 4 VICINITY MAP SITE LIGHTING SYMBOL LEGEND O DECORATIVE STREET FIXTURE — LAMP TYPE A 14'-6" HEIGHT 0-0 PARKING LOT FIXTURE — LAMP TYPE D ( SINGLE LAMP FIXTURE) 30'-0" HEIGHT CD-0-0 PARKING LOT FIXTURE — LAMP TYPE D ( DOUBLE LAMP FIXTURE ) 30'-0" HEIGHT SITE DATA EXISTING ZONING: NR PUD GROSS AREA: 153,265 S.F. / 3.518 AC. L.U.D. — STREET 20,087 S.F. / 0.461 AC. L.U.D. — MIXED USE 133,178 S.F. / 3.057 AC. LOTS: 1 PROPOSED BLDG. AREA 26,924 S.F. SITE COVERAGE 17.6% NUMBER OF STORIES 1 MAXIMUM BLDG. HEIGHT 35' AREA OF OPEN SPACE 28,170 S.F. PERVIOUS AREA OPEN SPACE PERCENTAGE 18.4% PERVIOUS AREA STAGE 1 STAGE 2 TOTAL PROPOSED FLOOR AREA 4785 22,139 26,924 FLOOR AREA BY USE RESTURAUNT — 5,000 5, 000 RETAIL — 17,139 17, 139 OFFICE/BANK 4785 — 4,785 REQUIRED PARKING 16 128 144 PROVIDED PARKING(ONSITE) 43 110 153 PROVIDED PARKING (ON STREET) 0 14 14 REQUIRED LOADING SPACE 0 0 0 PROVIDED LOADING SPACE 0 0 0 NOTE 1.) ON STREET PARKING COUNTED SPACES ON ADJACENT SIDE OF STREET ONLY. 2.) SHARED PARKING IS ALLOWED WITHIN 500 FEET OF EACH BUSINESS AS DEFINED WITHIN THE NR PUD. 3.) THE DEVELOPER RESERVES THE RIGHT TO INSTALL COMPACT CAR SPACES IN ACCORDANCE WITH THE NR PUD. 4.) BUILDING 23B 6 23C ARE SUBJECT TO REVISED SITEPLAN APPROVAL. NO � WY WmAWWm psegwaP1amWepwW MAR 20 2000 0 20 40 80 SCALE: 1 "=40' SITE PLAN PHASE 3 - STAGE 1 BLOCK 23 SOUTHLAKE TOWN SQUARE A 3.518 ACRE TRACT OF LAND IN THE RICHARD EADS SURVEY, ABST. NO 481 CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS CASE NO. ZA 00-028 SOUTHLAKE TOWN SQUARE SOUTHLAKE, TX CLIENT: COOPER & STEBBINS 1256 MAIN STREET SUITE 240 SOUTHLAKE, TX 76092 PHONE: (817) 329-8400 FAX: (817) 251-6717 ARCHITECT OF RECORD: BECK ARCHITECTURE PHONE: (214) 522-8494 FAX: (214) 522-8537 DESIGN ARCHITECT: DAVID M. SCHWARZ/ ARCHITECTURAL SERVICES, P.C. PHONE: (202) 862-0777 FAX: (202) 331-0507 STRUCTURAL ENGINEER: BROCKETTE DAVIS DRAKE, INC. PHONE: (214) 824-3647 FAX: (214) 824-2586 CIVIL ENGINEER: GRAHAM ASSOCIATES, INC. PHONE: (817) 640-8535 FAX: (617) 633-5240 TRAFFIC ENGINEERING: BARTON-ASCHMAN ASSOCIATES, INC PHONE: (817) 877-5803 FAX: (817) 877-3214 M/E/P ENGINEER: BL&P ENGINEERS, INC. PHONE: (214) 824-5559 FAX: (214) 824-5648 FIRE PROTECTION ENGINEERING: ROLF JENSEN & ASSOCIATES, INC. PHONE: (713) 462-1840 FAX: (713) 462-0812 GENERAL CONTRACTOR: THE BECK GROUP PHONE: (214) 965-1226 FAX: (214) 965-1363 i . OF TFgs�ll i ............................ ' i W.J.ILLIi /...:......................Q� �f 65174 ; ttl��,�•�GISTE�ti�'� i Date FEB. 28, 2000 Revisions Drawn By GAI Checked By WJW Project No. 2032-1017 Sheet Title SITE PLAN Sheet No. I Off 9 REM MAR 9 3 JOOO NORTH ELEVATION SCALE: 1 /R"= F-0" SOUTH ELEVATION SCALE: 1 /8"=1'-0" WEST ELEVATION SCALE:1/8' V-0" EAST ELEVATION SCALE: 1 /8"= P-0" BANK ONE SOUTHLAKE, TEXAS BUILDING HIEGHT: 23'-0" ONE STORY (EC'Q MAR 2 3 2WLDING SQUARE SIZE: APPROXIMATELY 4,600 SO FT moron & ur by architects, Inc. fcHITECTURE / INTERIORS /PLANNING 4501SWISS AVENUE DALLAS TX 75204 (214) 841-4507 FAX (214) 841-4502 - 0 -i ? ^ FUTUF�F t7FVEL0•F'MEt1 I / Am NEU _r.► �` � ► INN - �� _ .� log, 1 , NUNN— ILI FUTURE Fa�K � 1 �, • � �, F_ 1 �'/I ,�I `�' � • • • lot S 0 ►. F0.0010 ►1 . ` ,gyp. ..i�l�� � � \���►�■� �L! , nil '01 , ITAR I � • II • • I .• y VOL. 10986, PG. 2185 MARTIN W. SHELING LOT iR, BLOCK 1 P.R.T.C.T. PAUL R. & DOREEN BRUTON Q GARY A. & JANICE L. MYRON VOL. 12263, PG. 2227 D.R.T.C.T. coo 21 VICINITY MAP LEGEND ® DUMPSTER - FIRE HYDRANT �— WATER SERVICE PWO a' MAR n 0 20 40 80 SCALE: 1 "=40' GRADING & UTILITY PLAN PHASE 3 — STAGE 1 BLOCK 23 SOUTHLAKE TOWN SQUARE - A 3.518 ACRE TRACT OF LAND IN THE RICHARD EADS SURVEY, ABST. NO 481 CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS CASE NO. ZA 00-028 SOUTHLAKE TOWN SQUARE SOUTHLAKE, TX CLIENT: COOPER & STEBBINS 1256 MAIN STREET SUITE 240 SOUTHLAKE,-TX 76092 PHONE: (817) 329-8400 FAX: (817) 251-8717 ARCHITECT OF RECORD: BECK ARCHITECTURE PHONE: (214) 522-8494 FAX: (214) 522-8537 DESIGN ARCHITECT: DAVID M. SCHWARZ/ ARCHITECTURAL SERVICES, P.C. PHONE: (202) 862-0777 FAX: (202) 331-0507 STRUCTURAL ENGINEER: BROCKETTE DAVIS DRAKE, INC. PHONE: (214) 824-3647 FAX: (214) 824-2586 CIVIL ENGINEER: GRAHAM ASSOCIATES, INC. PHONE: (B17) 640-8535 FAX: (817) 633-5240 TRAFFIC ENGINEERING: BARTON-ASCHMAN ASSOCIATES, INC PHONE: (817) 877-5803 FAX: (817) 877-3214 M/E/P ENGINEER: BL&P ENGINEERS, INC. PHONE: (214) 824-5559 FAX: (214) 824-5848 FIRE PROTECTION ENGINEERING: ROLF JENSEN & ASSOCIATES, INC. PHONE: (713) 462-1840 FAX: (713) 462-0812 GENERAL CONTRACTOR: THE BECK GROUP PHONE: (214) 965-1226 FAX: (214) 965-1363 00 �l •W J:WILLIAMS ••..p 65174 : Q 67STE . i !N 1E Date FEB. 28, 2000 Revisions Drawn By G AI Checked By WJW Project No. 2032-1017 Sheet Title GRADING 6 UTILITY PLAN Sheet No. ov REC'Q MAR 2 3 2000 EO u 1 P �— EAST SOUTHLAKE BLVD. VICINITY MAP PLANTINGS SYMBOL LEGEND 3.5" MIN. CALIPER STREET TREE IN 4'x8' PLANTER 1.5" MIN. CALIPER PARKING LOT TREE SITE LIGHTING SYMBOL LEGEND DECORATIVE STREET FIXTURE - LAMP TYPE A 14'-6" HEIGHT PARKING LOT FIXTURE - LAMP TYPE D ( SINGLE LAMP FIXTURE ) 30'-O" HEIGHT PARKING LOT FIXTURE - LAMP TYPE D ( DOUBLE LAMP FIXTURE ) 30'-0" HEIGHT MATERIALS ABBREVIATIONS LEGEND cp AP C y Gz' CONCRETE PAVING ASPHALT PAVING W/CONC CONCRETE SIDEWALK GRASS PLANTER W/ GROUND COVER CURB & GUTTER R P F M Th Ph FA ----------------------------- -------------------------------------------------------- -- ---------- r Not for bkki r I aoalaptgot�a p ' Ri I AP I wi1� Dat MAR 2 n 20% nn Rev 0 20 40 80 SCALE: 1 "=40 ' LANDSCAPE PLAN PHASE 3 — STAGE 1 BLOCK 23 SOUTHLAKE TOWN SQUARE A 3.518 ACRE TRACT OF LAND IN THE RICHARD EADS SURVEY, ABST. NO 481 CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS CASE N0. ZA 00-028 SOUTHLAKE TOWN SQUARE SOUTHLAKE, TX CLIENT: COOPER & STEBBINS 1256 MAIN STREET SUITE 240 SOUTHLAKE, TX 76092 PHONE: (817) 329-6400 FAX: (817) 251-8717 ARCHITECT OF RECORD: BECK ARCHITECTURE PHONE: (214) 522-8494 FAX: (214) 522-8537 DESIGN ARCHITECT: DAVID M. SCHWARZ/ ARCHITECTURAL SERVICES, P.C. PHONE: (202) 862-0777 FAX: (202) 331-0507 STRUCTURAL ENGINEER: BROCKETTE DAVIS DRAKE, INC. PHONE: (214) 824-3647 FAX: (214) 824-2586 CIVIL ENGINEER: GRAHAM ASSOCIATES, INC. PHONE: (817) 640-8535 FAX: (817) 633-5240 TRAFFIC NGINEERING: 3ARTON-ASCHMAN ASSOCIATES, INC SHONE: (817) 877-5803 AX: (817) 877-3214 4/E/P _NGINEER: L&P ENGINEERS, INC. HONE: (214) 824-5559 AX: (214) 824-5848 IRE PROTECTION NGINEERING: )LF JENSEN & ASSOCIATES, INC. 10NE: (713) 462-1840 \X: (713) 462-0612 ENERAL ONTRACTOR: E BECK GROUP ONE: (214) 965-1226 X: (214) 965-1363 W.J. WILLIAMS 1tl�LFS,,GISTE� �i''fS FEB. 28, 2000 isions n By GAI ked By WJW ect No. 2032- t Title ------------- SITE PLAN No. RECD MAR 2 9 9 (01F �